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Home My WebLink About851473 DECEMBER 1985 S M T W T F S 2 3 4 5 6 7 9 10 11 12 13 14 16 17 18 19 20 21 23 24 X 26 27 28 2-? 30 31 Printed in USA HouDAY 9 8 5 r.: RECORD OF PROCEEDINGS AGENDA Monday, December 2, 1985 Tape #85-102 ROLL CALL: Jacqueline Johnson, Chairman Gene Brantner, Pro-Tem C.W. Kirby Gordon Lacy Frank Yamaguchi MINUTES: Approval of minutes of November 27, 1985, will be held over until December 4, 1985 CERTIFICATIONS OF HEARINGS: There were no hearings conducted on November 27, 1985 ADDITIONS TO AGENDA: None APPROVAL OF CONSENT AGENDA: COMMISSIONER COORDINATOR 1) Communication Services - Kirby REPORTS: 2) Engineering Services - Brantner 3) Health Services - Lacy 4) Planning Services - Yamaguchi 5) Purchasing & Personnel - Johnson COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BUSINESS: OLD: NEW: 1) Consider Resolution re: Memorandum of Agreement with Patient Advocacy Team 2) Consider Resolution re: Declare certain equipment as surplus property 3) Consider Resolutiou re: Purchase of used spray truck 4) Consider Oil and Gas Division Order on NEl , S2, TIN, R65W and authorize Chairman to sign 5) Consider Assignment of Lease from Taber McGinley to Robert Zimmerman. Jr. on NW}, S24, T9N, R66W 6) Second Reading of Ordinance 188-D - In Matter of Repealing and Re-enacting Ordinance Nos. 88, 88-A, 88-B and 88-C, Regulating the Running At-Large of Dogs • 7) Final Reading of Ordinance #68-A - In Matter of Repeal of Ordinance #68, Requiring the Licensing of Security Patrol Agencies CONSENT AGENDA APPOINTMENTS: Dec 2 - Work Session 1:30 PM Dec 3 - Planning Commission 1.30 PM Dec 4 — Private Industry Council 7:30 AM Dec 5 - Human Resources Advisory Board 8:30 AM Dec 9 - Work Session 1 .30 PM Dec 10 - Airport Authority 12:30 PM Dec 12 - Area Agency on Aging 9:00 AM Dec 12 - Placement Alternatives Commission 1:30 PM Dec 12 - Library Board 7:00 PM Dec 13 - Community Corrections Advisory Board 12:00 NOON HEARINGS: Dec 2 - Amendments to Building Code Ordinance (First Reading of Ordinance #119-C at this time) 9:00 AM Dec 4 - Show Cause Hearing, Arnold & Beverly Teter (cont. from Oct 16) 2:00 PM Dec 18 - Policy Report under Section 103A 10:00 AM Dec 18 - Tavern Liquor License, LeRoy Sather, dba Streamers 2:00 PM Dec 18 - Show Cause Hearing, Vessels Oil & Gas (cont. from Nov 13) 2:00 PM Dec 18 - USR, Process & sell forestry products in Agricultural Zone District, Darrel or Tamara Lockman 2:00 PM Dec 18 - USR, Greyhound dog kennel, Gene & Diane Gurley 2:00 PM Dec 23 - Changes to Final PUD Plat, Beebe Draw Land Company Ltd. - First Filing 9:00 AM REPORTS: COMMUNICATIONS: 1) State Board of Land Commissioners - List of expiring leases RESOLUTIONS: * 1) Approve request of Leonard Thomson for extension of requirements on Dust Blowing Order * 2) Approve 1986 Dance License for John Sipres, dba Sipres` Lounge * 3) Approve ZPMH #1104 - Miller * 4) Approve ZPMH #1105 - Mendoza * 5) Approve authorization for County Attorney to proceed with legal action concerning Building Code Violation - Sakata Farms * 6) Approve authorization for County Attorney to proceed with legal action concerning, Building Code Violation - Barclay * 7) Approve authorization for County Attorney to proceed with legal action concerning Building Code Violation - Miller * 8) Approve Action of Board concerning Building Code Violation - Pevler * 9) Set date for Show Cause Hearing as January 8, 1986 - 31 Disposal, Stan Rech * 10) Approve Memorandum of Agreement with Patient Advocacy Teem * 11) Approve declaring certain equipment as surplus property * 12) Approve purchase of used spray truck * 13) Approve Action of Board concerning Zoning Violation - Dersham ORDINANCES: 1) Second Reading of Ordinance #88—D — In Matter of Repealing and Re-enacting Ordinance Nos. 88, 88-A, 88-B and 88-C, Regulating the Running At-Large of Dogs * 2) Final Reading of Ordinance #68-A - In Matter of Repeal of Ordinance #68, Requiring the Licensing of Security Patrol Agencies 3) First Reading of Ordinance 119-C concerning revision of Weld County Building Code Ordinance (at 10:00 a.m. hearing) • * Signed at this meeting RESOLUTION RE: ACTION OF THE BOARD CONCERNING REQUEST OF LEONARD THOMASON FOR EXTENSION OF REQUIREMENTS ON DUST BLOWING ORDER ISSUED TO LELA THOMASON 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 4th day of November, 1985 , the Board considered a complaint regarding dust blowing from land owned by Lela Thomason , and WHEREAS, said property is described as the NW;, Section 6 , Township 1 North, Range 65 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, the Board issued a Findings and Order regarding said dust blowing complaint, and WHEREAS, Leonard Thomason, operator of said parcel of land, has submitted a letter requesting an extension of time to comply with certain portions of the Order, said letter being attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it appropriate to allow Mr. Thomason until April 1 , 1986 , to comply with said Order, with the stipulation that if weather conditions permit, he shall comply as soon as possible. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Leonard Thomason be, and hereby is, allowed until April 1 , 1986 , to comply with the Order of the Board concerning dust blowing. BE IT FURTHER RESOLVED by the Board that if the weather permits, Mr. Thomason shall comply with said Order as soon as possible. Page 2 RE: GRANT EXTENSION -- THOMASON The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the @&TH day of November, A.D. , 1985 . 6 .n ti �. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Ja eline Johnson,� Chairman r7T7i01414'L•dn, SIKi _ - OJ7c gyp/ gene R. B ntner, Pro-Tem D puty Countyckce--t,ea) k EXCUSED APPR VED AS TO FORM: C.W. K1 :T1 �� G. R�•:�: Lac County Attorney Frank '' a ."•u 7• 4 RESOLUTION RE: GRANT COUNTY DANCE HALL LICENSE NUMBER 154 , ISSUED TO JOHN SIPRES, D/B/A SIPRES' LOUNGE, TO EXPIRE DECEMBER 31 , 1986 , AT 12: 00 O'CLOCK 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 80650 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 issueu 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 154 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 154 shall be in effect through 12: 00 o' clock midnight, December 31 , 1986 , conditional upon the applicant conducting all dances in strict conformity to all laws of the State of Colorado. Page 2 RE: DANCE LICENSE - JOHN SIPRES The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of November, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: 0./J,4 61.0v✓c Lv WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Ja ueline Johnson, Chairman BY: \ A Age Br tner, Pro- Tem Deputy County Cl k EXCUSED APPROVED TO FORM: C.W. 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Q 1' z w y £ rn rn • a -- stet 1 m ❑❑ III z a0w p a �a 0' a Ca a a ( `a $g ooc) rn . - $I � i gai- 0 cry . ₹ II m rm e (� o k x g le R J I I3 iv ,ti- e RESOLUTION RE: GRANT MOBILE HOME PERMIT NO. 1104 - ARNOLD MILLER WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, on the 27th day of November, 1985 , considered the request of Arnold Miller for a mobile home to be used as a principal dwelling, and WHEREAS, said mobile home is to be occupied in an A-Agricultural Zone District on a parcel of land being more particularly described as follows: Lot 8 , Block 26 , Aristocrat Ranchettes, 2nd Filing, Weld County, Colorado WHEREAS, the Board of County Commissioners , having heard the testimony, finds that said request should be granted subject to the following conditions: 1) The applicant shall apply for a building permit for the mobile home within thirty days from the date of approval by the Board of County Commissioners; 2) A septic permit shall be obtained and the site shall meet percolation test requirements prior to the issuance of a building permit; and 3) The mobile home shall not be occupied until such time that the applicant has complied with the above mentioned conditions. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Arnold Miller for permission to place a mobile home to be used as a principal dwelling on the above described parcel of land, which was found to be in compliance with Section 43 of the Weld County Zoning Ordinance, be, and hereby is, granted subject to the hereinabove listed conditions. Page 2 RE: ZPM$ #1104 - MILLER The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of November, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Ja elinee ISTm J000hnson, Chairman Gr,t , e R. Brae D¢puty County Cl k EXCUSED APPROVED AS TO FORM: C.W. Ri b Go a County Attorney `Era k Yama u.cht/ RESOLUTION RE: GRANT MOBILE HOME PERMIT NO. 1105 - CONCEPCION AND BARBARA MENDOZA 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 cf Weld County, Colorado, on the 27th day of November, 1985 , considered the request of Concepcion and Barbara Mendoza for a mobile home to be used as a principal dwelling, and WHEREAS, said mobile home is to be occupied in an A-Agricultural Zone District on a parcel of land being more particularly described as follows: Part of the SWn NWT, Section 30 , Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, the Board of County Commissioners, having heard the testimony, finds that said request should be granted subject to the following conditions: 1) The applicant shall apply for a building permit for the mobile home within thirty days from the date of approval by the Board of County Commissioners; 2) A septic permit shall be obtained prior to the issuance of a building permit; and 3) Prior to the issuance of a building permit, the owner shall submit evidence that a tap from Central Weld County Water District is supplying water in such a manner as to be adequate in quality, quantity and dependability for the proposed use. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Concepcion and Barbara Mendoza for permission to place a mobile home to be used as a principal dwelling on the above described parcel of land, which was found to be in compliance with Section 43 of the Weld County Zoning Ordinance, be, and hereby is, granted subject to the hereinabove listed conditions. • Page 2 RE: ZPMH #1105 - MENDOZA - The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of November, A.D. , 1985 . ATTEST: /i1 rc✓erry WELD COUNTY,NTY COLORADOSSIONERS Weld County lerk and Recorder EXCUSED and Clerk to the Board Jyy�p�(uelline Johnson, Chairman / �/7 c c.�_o ,BY. 17e Gene R. ftAt ner, Pro-Tem puty County Cl rk EXCUSED APPROVED AS TO FORM: C.W. K1 1. P � Gor o ac_ County Attorney F c a ag c RESOLUTION a RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST SAKATA FARMS FOR VIOLATION OF THE WELD COUNTY BUILDING CODE ORDINANCE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Planning Services has informed the Board of County Commissioners that Sakata Farms is in violation of Section 70 of the Weld County Building Code Ordinance, mobile home building permits required, and WHEREAS, the property on which said violation is occurring is described as the Ek NE;, Section 18 , Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, despite repeated requests, said violation has not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against Sakata Farms to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against Sakata Farms, any other persons occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with them, to remedy the violation of the Weld County Building Code Ordinance. Page 2 RE: BUILDING CODE VIOLATION - SAKATA FARMS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of November, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: ‘111 WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board !kcproTern ueline Johnson, Chairman Djo D putt' County _ rk EXCUSED APPROVED AS TO FORM: C.W. Kiray Go. d. , aCy ; County Attorney ran Yamaguc , RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JAMES ROBERT BARCLAY, JR. AND SANDRA CHARLENE BARCLAY FOR VIOLATION OF THE WELD COUNTY BUILDING CODE ORDINANCE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Planning Services has informed the Board of County Commissioners that James Robert Barclay, Jr. and Sandra Charlene Barclay are in violation of Section 70 of the Weld County Building Code Ordinance, mobile home building permits required for two mobile homes, and WHEREAS, the property on which said violation is occurring is described as Lot 3 , Block 55 , Aristocrat Ranchettes Subdivis_on, • Weld County, Colorado, and WHEREAS, despite repeated requests, said violation has not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against James Robert Barclay, Jr. and Sandra Charlene Barclay to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against James Robert Barclay, Jr. and Sandra Charlene Barclay, any ether persons occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with them, to remedy the violation of the Weld County Building Code Ordinance. i /� f 4,- - `�cct <,'- Page 2 RE: BUILDING CODE VIOLATION - BARCLAY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of November, A.D. , 1985 _ �� BOARD OF COUNTY COMMISSIONERS ATTEST; ! , „v isni"rt+tii L-7N, WELD COUNTY, COLORADO Weld County Cherk and Recorder EXCUSED and Clerk to the Board Ja a eline Johnson, Chairman BY:- Gry/ p� _40„k ene R. 'Bra tG� Pro-Tem 5eputy County 1 k EXCUSED APPROVED AS TO FORM: C.W. Kirby ,----, _, ,,,,,.___,aQ Go ounty Attorney _ _ / Fra agu i RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST DANNY YORK MILLER, WILLARD MILLER, AND VIOLA MILLER FOR VIOLATION OF THE WELD COUNTY BUILDING CODE ORDINANCE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Planning Services has informed the Board of County Commissioners that Danny York Miller, Willard Miller, and Viola Miller are in violation of Sections 50 and 70 of the Weld County Building Code Ordinance, mobile home building permit and electrical permits required, and WHEREAS, the property on which said violation is occurring is described as Lots 18 , 19 , and 20 in the unincorporated Town of Hardin, Weld County, Colorado, and WHEREAS, despite repeated requests, said violation has not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against Danny York Miller, Willard Miller, and Viola Miller to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against Danny York Miller, Willard Miller, and Viola Miller, any other persons occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with them, to remedy the violation of the Weld County Building Code Ordinance. I Page 2 RE: BUILDING CODE VIOLATION - MILLER The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of November, A.D. , 1985. //�� ' BOARD OF COUNTY COMMISSIONERS ATTEST: �.y�� ( at.A,,t ( Witrki WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board J eline Jchnsson,�C-hairman ,. BY• ene R. Brantaer, Pro-Tem eputy CountY-aerk EXCUSED APPROVED AS TO FORM: C.W. xi (15 C—>C7L -CcOae-e-e.) Gordo'.4 . ' '7 r County Attorney j ��/�� - Fran Yamaguc 1 RESOLUTION RE: ACTION OF THE BOARD CONCERNING VIOLATION OF THE WELD COUNTY BUILDING CODE ORDINANCE - GALE AND LOUELLEN PEVLER WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Planning Services has informed the Board of County Commissioners that Gale and Louellen Pevler are in violation of Section 70 of the Weld County Building Code Ordinance, mobile home building permits required, and WHEREAS, the property on which said violation is occurring is described as Lot 1 , Block 50 , Aristocrat Ranchettes Subdivision, Weld County, Colorado, and WHEREAS, despite repeated requests, said violation has not been corrected, and WHEREAS, the Board, after reviewing the matter and having • heard the testimony, deems it appropriate to allow Gale and Louellen Pevler until December 11 , 1985 , to apply for the proper permits, and WHEREAS, the Board deems it advisable that if the proper permits have not been applied for by December 11 , 1985 , this matter shall be referred to Thomas O. David, Weld County Attorney, for appropriate legal action. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Gale and Louellen Pevler be, and hereby are, allowed until December 11 , 1985 , to apply for the proper permits. BE IT FURTHER RESOLVED by the Board that if application has not been made for the proper permits by December 11 , 1985 , this matter shall then be referred to Thomas O. David, Weld County Attorney, to proceed with appropriate legal action against Gale and Louellen Pevler, any other persons who may be occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with them, to remedy the violation of the Weld County Building Code Ordinance. 7 i _ Page 2 RE: BUILDING CODE VIOLATION - PEVLER The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of November, A.D. , 1985. n ,,, . BOARD OF COUNTY COMMISSIONERS ATTEST: `^. WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Ja eline Johnson, Chairman E grot G-2,,, g1 ene R. Brantner, Pro-Tem eputy County C 0xk EXCUSED ° APPROVE AS TO FORM: C.W. Ki b Go 71 County Attorney Fra a ague i / RESOLUTION RE: SET SHOW CAUSE HEARING FOR SPECIAL USE PERMIT #427 - 31 DISPOSAL OWNED AND OPERATED BY STAN RECH WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on November 27 , 1985 , a Probable Cause Hearing was held to determine whether 31 Disposal, owned and operated by Stan Rech, is in violation of Development Standards 1 , 3 , 7 , 11 and 14 of Special Use Permit #427, said facility being located in Part of the TO of Section 22 , Township 2 Ncrth, Range 66 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, the Board, after reviewing the evidence and testimony presented in this matter, found that there is probable cause to schedule a Show Cause Hearing to determine whether Special Use Permit #427, issued to 31 Disposal, should be revoked for failure to comply with the above mentioned Development Standards, and WHEREAS, said Show Cause Hearing shall be scheduled for January 8 , 1986 , at 2: 00 p.m. at which time the Board shall hear evidence and testimony from all interested parties. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to consider the revocation of Special Use Permit #427, issued to 31 Disposal, owned and operated by Stan Rech, for failure to comply with the above listed Development Standards. BE IT FURTHER RESOLVED by the Board that said Show Cause Hearing shall be scheduled for January 8 , 1986 , at 2: 00 p.m. , in the First Floor Hearing Room of the Weld County Centennial Center. Page 2 RE: SET SHOW CAUSE HEARING - 31 DISPOSAL The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 27th day of November, A.D. , 1985. • at -hWt,,;,'�:C,lry BOARD OF COUNTY COMMISSIONERS ATTEST: Vin�1 WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Ja eline{�Johnson, -Chairman — _ / e `T tf xar a--r ene R. Brantner, Pro-Tem Deputy County Clerk EXCUSED APPROVED AS TO FORM: C.W. Ki `1 ac rnC7L:e- TOf-C County i Attorney 4/ Fra k a a RESOLUTION RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND PATIENT ADVOCACY TEAM (PAT) AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES 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, Weld County has received a $50 ,000 grant from the State Energy Impact Assistance Fund for services to the physically disabled, and WHEREAS, a Memorandum of Agreement between Weld County, Colorado, and Patient Advocacy Team (PAT) as a recipient of Weld County General Fund monies has been presentee to the Board of County Commissioners of Weld County, Colorado, and WHEREAS, PAT has been awarded the sum of $50,000 from Weld County General Fund monies, which monies are for the purpose of providing services to the physical disabled, and WHEREAS, the term of said Memorandum of Agreement shall be from December 1 , 1985 , through May 31 , 1986 , a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, the Board deems it advisable and in the best interests of Weld County to approve said Memorandum of Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Memorandum of Agreement between Weld County, Colorado, and the Patient Advocacy Team as a recipient of Weld County General Fund monies be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Memorandum of Agreement. Page 2 RE: MEMORANDUM OF AGREEMENT - PATIENT ADVOCACY TEAM The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of December, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS , COLORADO ATTEST: Q.u-c l:Cnnn �.: <.:v.:�'.rl�yv WELD COUNTY Weld County glerk and Recorder \ bc.��„\k.y.PY�- and Clerk to the Board £ 4! ? Pro-Tem ne John on, Chairman O gJ BY: c�c D puty County Cle EXCUSED APPROVED AS TO FORM: C.W. Ki . L y , /- County Attorney Franc Ya a c I MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into on this, the 2nd xgh day of December , 1985 , by and between Weld County, hereinafter referred to as "Weld" and Patient Advocacy Team, hereinafter referred to as "Contractor" , the parties agree as follows: WHEREAS, the Board of County Commissioners of Weld County, Colorado, has awarded Patient Advocacy Team a sum of $50 ,000.00 of Weld County General Fund monies to provide services to physically disabled persons and to do certain capital construction items, and WHEREAS, the County implements programs and services throughout Weld County to Weld County residents, and WHEREAS, the "Contractor" provides services in Weld County to the citizens of Weld County, and WHEREAS, the parties hereto are desirous of formalizing an agreement for the express purpose of providing services to physically disabled Weld County citizens, and WHEREAS , to implement these goals, the parties desire to establish an agreement for the use of Weld County General Fund monies for the purpose of providing a physically disabled program, and WHEREAS, Weld County has received Energy Impact Assistance Fund grant number 1437 (Exhibit "A") , attached hereto and incorporated herein by reference, in the amount of $50 ,000 for services to physically disabled persons. NOW, THEREFORE, in consideration of the premises stated herein, the parties hereto agree as follows: 1 . The purpose of this contract is to provide operational • expense for approximately 3 months of the Patient Advocacy Team (PAT) in order for the PAT to use its own funds for capital construction items. The capital construction items include but are not limited to: providing handicapped accessibility, an alarm system, heating system, electrical and plumbing in Camelot II, a housing complex for physically disabled persons. The agreement will require the PAT to provide funds for the capital construction and repair items necessary for safe, decent living quarters for the clients of the PAT. • 2 . CONTRACT PERIOD will be from December 1 , 1985 through May 31 , 1986 . 3 . COMPENSATION: "Weld" agrees to pay "Contractor" for services performed at the rate of $49,000 initially as monies are received from the State per the attached grant (Exhibit "A") , and $1 ,000 upon completion of the project. 4 . The total amount paid by "Weld" to "Contractor" under this agreement shall not exceed the sum of $50,000.00 . 5 . "Contractor" assures that as a recipient of General Fund monies, it is fully aware of the restrictions and requirements of the regulations and applicable State and local law provisions. 6 . "Contractor" assures that as a recipient of General Fund monies, it will spend the funds in accordance with the same laws and procedures that govern the expenditure of its own funds. • 7. "Contractor" assures that it will maintain sufficient records and an accounting system and internal control procedures adequate to permit the tracing of the funds to a level of expenditure which clearly demonstrates that the funds were used • in compliance with the regulations of State and local law and comply with Energy Impact Assistance Fund grant number 1437. 8 . "Contractor" shall provide a certification of expenditures monthly to the County. 9. "Contractor" agrees that it is an independent Contractor and that its officers, excluding the County Commissioner Board member, and employees do not become employees of "Weld" nor are they entitled to any employees ' benefits as employees of "Weld" as a result of the execution of this agreement. 10 . "Contractor" shall indemnify "Weld" , its officers and employees against liability for injury or damage caused by any negligent act or omission of any of its employees or volunteers or agents in the performance of this Agreement and shall hold "Weld" harmless from any loss occasioned as a result of the performance of this contract by "Contractor" . The "Contractor" shall provide necessary worker' s compensation insurance at "Contractor' s" own cost and expense. 11 . "Contractor" may not assign or transfer this Agreement, any interest therein or claim thereunder without the • prior written approval of "weld" . 12 . Payment to "Contractor" will be made only upon presentation of proper claim by "Contractor" subject to the approval of "Weld" that services have been performed. 13 . "Weld" shall have access to "Contractor' s" financial records for purposes of audit. Such records shall be complete and available for audit 90 days after final payment hereunder • and shall be retained and available for audit purposes for two years after final payment hereunder. 14 . "Weld" may terminate this agreement at any time by giving "Contractor" a ten-day written notice of such sooner termination and may be terminated at any time without notice upon a material breach of the terms of this Agreement by "Contractor" . 15 . No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 16 . The "Contractor" assures that it will comply with all Federal and State laws including, but not limited to, Title VI of the Civil Rights Act of 1964, and that no person shall, on the grounds of race, color, creed, sex or national origin , be excluded from participation in, or be denied the benefits of, or otherwise be subjected to discrimination under this Agreement. 17. "Contractor" agrees to comply with all the terms of the Energy Impact Assistance Fund grant number 1437 , attached as Exhibit "A" . 18. "Contractor" shall provide a progress report monthly on all capital items and submit copies of all HUD inspections to the County upon receipt. • 19 . "Contractor" shall prepare a final progress report as required by state grant on Exhibit "A" . 20 . In the event of any disallowed costs per the attached grant, "Contractor" agrees to reimburse County for all disallowed costs. IN WITNESS WHEREOF, the parties above named have executed this Agreement on the 2nd fl day of December , A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS .{� WELD COUNTY, COLORADO ATTEST:710i( �} ..n . &t3/Wt %: BY- Weld County Jerk and Recorder C ai an and Clerk to the Booars.7 C , lea---1 eputy County Crk _ - / C�tt� C retractor S„r—s . • • in SAC WA DEIAMaAENT OR AGENCY NUMWWR o.20CrtfO WWTRACT ROUTING PUMPER EIAF #1437 Pet — /9 7 �y1g74• aa7 CONTRACT THIS CONTRACT.ride th6 ` day of 0 c Local Affairs 19 by and between the State of Colorado for the aase and benefit of the Depart:Dent e! • hereinafter referred to as the State.and *2 I''eld rnunty • hereinafter referred to as the Contractor, WHEREAS, authority exists Er the law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains able for payment in Fund Number UO/ Ca Account Nut a)/77,Contract Encumbrance Numbe •and WHEREAS. required approval. deannce and coordlnstion basket)accomplished from and with appropriate agencies:and WHEREAS. " the State desires to assist state agencies, school districts , local governments and political subdivisions of the State that are experiencing social and economic impacts resulting from the development of energy resource industries in Colorado; and WHEREAS, pursuant to 39-29-101 to 114, and 34-63-101 and 102 , C.R.S. , 1973, as amended, Impact Assistance Funds are created, which • are to be administered by the Department of Local Affairs: and WHEREAS, applications for distributions from the Local Government Severance Tax Fund and the Mineral Impact Fund have been received by the Department of Local Affairs; and WHEREAS, the Executive Director desires to distribute said funds` pursuant to law; and WHEREAS, the Contractor is an eligible political subdivision to receive energy impact assistance; NOW THEREFORE it is hereby agreed that: 1 . Area Covered. The Contractor shall perform and accomplish all the necessary work and services provided under this Contract , as described in the attached Exhibit A, which is incorporated herein and made part of this Contract by reference, in connection with and respecting the following area or areas: _ tleld County 2. Scope of Services. In consideration for the monies to be received from the State , the Contractor shall do, perform, and carry out , in a satisfactory and proper manner, as determined by the State , all work elements as indicated in the "Scope of Services" , set forth • in the attached Exhibit A, hereinafter referred to as the "Project". Work performed prior to the execution of this Contract shall not be considered part of this Project. 3. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of Don Warden , an employee or agent of Contractor , who is hereby designated as the administrator-in-charge of this Project. At any time the administrator-in-charge is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator-in-charge and the State receives notification of such replacement assignment. • 4 . Time of Performance. This Contract shall become effective upon proper execution of this Contract. The Project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be undertaken and performed in the sequence set forth in the "Time of Performance" in the 'attached Exhibit A. Expenses incurred by the Contractor in association with said Project prior to execution of this Contract shall r.ot be eligible expendi- tures. The Contractor agrees that time is of the essence in the Page 1 of pages *Oar rnmvctionson tows of as nit.) Revised 2/83 performance of its obligations under this Contract, and that completion of the Project shall occur no later than the termination date set forth in the Time of Performance. S . Compensation and Method of Payment . The State agrees to pay to the Contractor, in consideration for the work and servic,s to be performed, a total amount not to exceed Fifty Thousand Dollars ($ 50,000.00 4 . The method and time of payment shell be made in accordance with the "Payment Schedule" set forth in Exhibit A. 6. Accounting. At all times from the effective date of this Contract until completion of this Project , the Contractor shall main- tain properly segregated books of State funds , matching funds, and other funds associated with this Project. All receipts and expendi- tures associated with said Project she' ll be documented in a detailed and specific manner, and shall accord with the "Budget" set forth in Exhibit A. Contractor may adjust budgeted expenditure amounts up to ten percent ( 10%) within said Budget without approval of the State . Adjustments of budget expenditure amounts in excess of ten percent (10%) must be authorized by the State in an amendment to this Con- tract properly executed and approved pursuant to the State Fiscal Rules. In no event shall the State's total consideration exceed the amount shown in Paragraph 5 above. a. Unless otherwise provided in this Contract, if Exhibit A provides for more than one payment by the State, the initial payment set forth in the Payment Schedule shall be made as soon as practi- cable after proper execution of this Contract. The Contractor shall initiate all subsequent payment requests by submitting documented proof of proper expenditure of State funds thus far received to a contract monitor designated by the State. b. The Contractor shall request the final payment, which is the amount withheld by the State until the Project is complete, for the Project by submitting to the contract monitor a detailed cost accounting of all State funds received and expended towards completion of the Project. Upon determining to its satisfaction • that all funds received by the Contractor have been properly spent towards accomplishment of the Project, the State shall promptly make final payment to the Contractor. c. Within ninety (90) days of completion of the Project , the Contractor shall submit to the contract monitor a detailed cost accounting of expenditures of the final payment received from the State. Any State funds not expended in connection with the Project shall be remitted to the State at that time. 7 . Audit. The State or its authorized representative shall have the right to inspect , examine, and audit Contractor' s records, books and accounts, including the right to hire an independent Certified Public Accountant of the State's choosing and at the State's expense :o do so. Such discretionary audit may be called for at any time and for any reason from the effective date of this Contract until five (5) Years after the date final payment for this Project is received by ttie Contractor, provided that the audit is performed at a time convenient to the Contractor and during regular business hours. 7hetner or not the State calls for a discretionary audit as provided for in this paragraph, if the Project is accomplished within a single fiscal year of the Contractor, the Contractor shall , at the conclu- sion of the Project, and In addition to any other reports required, suonit a report and auditor ' s statement of the Project account to the Page 2 of 7 pages Office of Impact Assistance in the Department of Local Affairs. Such report shall be prepared in conjunction with Contractor 's regular yearly audit, and must be submitted within six (6) months after the close of the then current Contractor's fiscal year. 8 . Personnel . The Contractor represents that he has , or will secure at his own expense, unless otherwise stated in Exhibit A, all personnel, as employees of the Contractor, necessary to perform . the work and services required to be performed by the Contractor under this Contract. Such personnel may not be employees of or have any contractual relationship with the State. All of the services ' required hereunder will be performed by the Contractor or under his supervision, and all personnel engaged in the work,shall be fully qualified and shall be authorized under State and local law to per- form such services. 9 . Termination of Contract for Cause . If , through any cause , the Contractor shall fail to fulfill in a timely and proper manner his obligations under this Contract , or if the Contractor shall violate any of the covenants, agreements , or stipulations of this Contract , the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of such termination and specifying the effective date thereof, at Least five (5) days before the effective date of such termination. In that event , all finished or unfinished documents, data, studies , surveys , drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satis- factory work completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor is determined. 10. Termination for Convenience of State. The State may termi- nate this Contract at any time the State determines that the purposes of the distribution of State monies under the Contract would no longer be served by completion of the Project. The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination . In that event , all finished or unfinished documents and other materials as described in Paragraph 9 above shall , at the option of the State , become its property. If the Contract is terminated by the State as provided herein, the Contractcr will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made: Pro- vided, however, that if less than sixty percent (60%) of the services covered by this Contract have been performed upon the effective date of such termination , the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attri- butable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 9 hereof relative to termination shall apply. 11 . Chances. The State may, from time to time, require changes in the scope of services of the Contract to be performed hereunder. However, this Contract is intended as the complete integration of all understandings between the parties, at this time, and no prior or contemporaneous addition, deletion, or other amendment hereto shall Page 3 of 7 pages have any force or effect , whatsoever, unless embodied in a written contract amendment incorpuratirey such changes , including any increase -- -- or ddcrease- in the amount of monies to be paid to the Contractor , executed and approved pursuant to the State ' s Fiscal Rules . 12 . Re o�rts . At least two ( 2) copies of all reports prepared as a result of the Project will be submitted to the Office of Impact Assistance in the Department of Local Affairs within two (2) weeks of completion of such reports . 13. Indemnification . Contractor, in consideration for State' s promises herein set forth , promises to indemnify, save and hold harm- less and defend State, and all of its employees and agents , acting officially or otherwise, from any and all liability, claims , demands , actions , debts and attorney fees arising out of , claimed on account of , or in any manner predicated upon loss or damage to the property of and injuries to, or death of all persons whatsoever, which may occur , or is sustained in connection with the performance of this Contract , or by conditions created thereby , or based upon any viola- tion of any statute , ordinance , or regulation , and the defense of any such claims or actions . 14 . Employment Referrals . The Contractor shall accept and require that all subcontractors accept , from either the Job Training Partnership Act Service Delivery Area employment and training agency or the Job Service Center in the area, referrals es candidates for filling vacant job positions supported by or created as a result of funds provided by the State under this contract. 15. Conflict of Interest . a. No employee of the Contrctor shall perform or provide part-time services for compensation , monetary or otherwise, to a consultant or con- sultant firm that has been retained by the Contractor under the authority of this Contract . b. The Contractor agrees that no person at any time exercising any function or responsibility in connection with this Project on behalf of the Contractor shall have or acquire any personal financial or economic interest , direct or indirect , which will be materially affected by this Contract , except to the extent that he may receive compensa- tion._ for his performance pursuant to this Contract . c. A personal financial or economic interest includes , but is not limited to: i ) any business entity in which the person has a direct or indirect monetary interest ; ii ) any real property in which the person has a direct or indirect monetary interest ; iii ) any source of income, loans , or gifts received by or promised to the person within twelve (12) months prior to the execution date of this Contract ; iv) any business entity in which the person is a director, officer, general or limited partner, trustee, employee, or holds any position of management . For purposes of this subsection , indirect investment or interest means any investment or interest owned by the spouse, parent , brother, sister, son, daughter, father-in-law, mother-in-law, brother- in-law, sister-in-law, son-in-law, or daughter-in- law of the person , by an agent on his/her behalf , by a general , limited, or silent part- ner of the person, by any business entity controlled by said person , or by a trust in which he/she has substantial interest . A business entity is controlled by a person if that person, his/her agent , or a relative as defined above possesses more than fifty percent (50%) of Page 4 of 7 pages the ownership interest . Said person has a substantial economic interest in a trust when the person or an above-defined relative has a present or future interest worth mor.: than Onr Thousard Dollars (51 ,D00 .00) . d. In the event a conflict of interest , as described in this Paragraph 16 , cannot be avoided without frustrating the purposes of this Contract , the person involved in such a conflict of interest shall submit to the Contractor and the State a full disclosure statement setting forth the details of such conflict of interest . In cases of extreme and unacceptable conflicts of interest , as deter- mined by the State, the State reserves the right to terminate the Contract for cause, as provided in Paragraph 9 above. Failure to file a disclosure statement required by this Paragraph 15 shall con- stitute grounds for termination of this Contract for cause by the State. 16 . Compliance with Applicable Laws . At all times during the performance of this Contract , the Contractor shall strictly adhere to all applicable federal and State laws that have been or may hereafter be established. 17. Severability. To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract , the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason , such invalid- ity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term. 18. Binding on Successors . Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding upon the parties , or any subcontractors hereto, and their respective successors and assigns. 19. Assignmen,: . Neither party, nor any subcontractors hereto , may assign its rights or duties under this Contract without the prior written consent of the other party. 20. Limitation to Particular Funds . The parties hereto expressly recognize e that the Contractor is to be paid, reimbursed, or otherwise compensated with. funds provided to the State for the purpose of con- tracting for the services provided for herein , and therefore , the Contractor expressly understands and agrees that all its rights , demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State , the State may immediately terminate this Contract . • 21 . Minority Business Enterprise Participation . It is the policy of the State of Colorado that minority business enterprises shall have the maximum practicable opportunity to participate in the performance of its construction grant contracts . The Contractor agrees to use its best efforts to carry out this policy to the fullest extent practi - cable and consistent with the efficient performance of this Contract . As used in this Contract , the term ":minority business enterprise" means a business , at least 50 percent (50%) of which is owned by minority group members or, in the case of pyblicly owned businesses , at least 51 percent (51%) of the stock of which is owned by minority group members . For the purposes of this definition , minority group members are Negroes or Black Americans , Spanish-speaking Americans , Asian Americans , American Indians , American Eskimos and American Aleuts . The Contractor may rely on written representations by bi .:ders , contractors , and subcontractors regarding their status as minority business enterprises and need not conduct an independent investigation . ,. r Page 5 of 7 pages • SPECIAL IIMMISlb6 oONTROLtnl'L inferA(. I. This Contract shell not be deemed valid until It shalt have been approved H the Controller et the Stets of Colorado ar such essistent as he •y designate. This provision is pplicable to any Con- tract Involving the payment of Money by the State, FU ) AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made sveltable, MOM REQUIREMENT 3. If tkis contract involves the payment of more than $50,000.00 for the construction, erection, repair, maintenance, or Irprovements of any building, road, bridge, viaduct, tunnel, excavation or other public works for this State, the contractor shell, before entering the performance of any such work In- cluded in this contract, duly execute and deliver to end file with the official whose signature appears below for the State, • good and sufficient bond or other acceptable surety to be approved by said offi- cial in a penal sue not less than one-half of the total spoor payable by the terms of this contract, Such bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide that if it. contractor or his subcontractors fall to duly pay for any labor, materials, teem hire, sustenance, provisions, proveodor or other supplies used or consumed by such contractor or his subcontractor In performance of the work contracted to be done, the surety will pay the same In an amount not exceeding the sum specified In the bond, together with interest at the rats of eight per cent per annum. Unless such band, when so required, is executed, delivered and filed, no claim In favor of the contractor arising under this contract shall be audited, allowed or paid. A Certified Cr Cashier's check or a bank coney order mode payable to the Treasurer of the State of Colorado any be accepted in lieu of a bond. This provision is in compliance with 38-26-106 CRS, as amended. DISCRIMINATION AND AFFIRMATIVE ACTION 4, The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, es amended, and other applicable law respecting discrimination and unfair employment prac- tices (24-34-402, CRS 1982, Replacement Vol,), and es required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, Pursuant thereto, the following provisions shell be contained In all State contracts or subcontracts. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, Creed, color, national Origin, sex, marital status, religion, ancestry, mental or physical hand- icap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such ..ctlons shall Include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; lay-offs or terminations; rates of pay or other forms of compensation; ad selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. • (2) The contractor will, in all solicitations or advertisements for employees placed by or on be- half of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (3) The extractor will send to each labor union cc representative of workers with which he has collective bargateing agreement or other contract or understanding, notice to be provided by the con- tracting officer, advising the labor union or workers' representative of the contractor's commitment un- der the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations and relevant Orders of the Governor, (4; The cos rector and labor unions will furnish ell Information end reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, end by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his brooks, records, and accounts by the contractile agency and the office of the Governor or his designee for purposes of Investigation to ascertain oapliana with such rules, regulations and orders. (5) A labor Organization will not exclude any individual otherwise qualified from full membership rights in such lute organization, or expel any such individual from membership in such labor organization or discriminate against any of its 'embers in the full enjoyment of work opportunity, because of race, aced, color, sex, national origin, or ancestry, (6) A labor organization, or the employees or members thereof will not old, abet, incite, compel { or coerce the dofq of any act defined in this contract to be discriminatory or obstruct or prevent any person from coap)png with the provisions of this contract or any order issued thereunder; or attempt, either directly es Indirectly, to ccaelt any act defined Innis contract to be discriminatory, ►a.e , of Pa. I (7) in the event of the aonttecfrws non-eotcilanee with the non-discrimination clause of Mls con- . tract er with any et such ►rules, regulations, sr rdere, this contract may 6e asncelica, tereinatsc ar suspended IA Whole ar In pert and !ha eontractr way M declared teatlgibl* fee further Stet* aontraet& In accordance with procedures•authorltad IA Executive Order, Equal Opportunity and Afflresfiw Action of April 16, 1975 and the rules, regulations or orders pramolgeted In accordance therewith, and such other sanctions ea way be Imposed and remedies as eery be Invoked as provided In fs*eutly* Order, Reuel Opportu- nity end Affirmative Action of April 16, 1975, or by rules, regulations, r orders promulgated In accor- dance therewith, or as otherwise provided by law, tS) The contractor will Include the provisions of paragraph (11 through (s) In every sub-contract and sub-contractor purchase Order unless exempted by rules, regulations, or orders issued pursuant to Ex- ecutive Order, Equal Opportunity and Affirmative Action of April 115, 1975, so that such provisions will be binding upon each sub-contractor or vendor. The Contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct, es a means of enforcing such pro- visions, Including sanctions for non-compliance; provided, however, that in the event the contractor be- comes Involved In, or is threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor say request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado, COLORADO LABOR a 5. Provisions of 8-17-101 t 102, CRS for preference of Colorado labor are applicable to this con- tract If public works within the State are undertaken hereunder end are financed in whole a- In part by State funds. GENERAL 6. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be ap- plied In the intern ion, execution and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provide for arbitration by any extra-Judicial body or person or which Is otherwise In conflict with said laws, rules and regulations shall be considered null and void. Nothing contained In any provision incorporated herein by reference which purports to ne- gate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract Is capable of execution. 7. At all times during the performance of this contract, the contractor shall strictly adhere to ell applicable federal and State laws, rules and regulations that have been or may hereafter be esta- blished. 8, The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt influences) and 16-8-401, et seq., (Abuse of Public Office), CRS 1978 Replacement Vol„ and that no vio- lation of such provisions Is present, 9. The signatories aver that to their knowledge, no State employee has any personal or beneficial Interest whatsoever In the service a- property described herein, IN WITNESS HEREOF, the parties hereto have executed this Contract on the day first above written. STATE OF COLORADO RICHARD D. LAM1, BLWE7Rf10R (Full Legal Name) Weld County By 7��/ `> 7-2�/% Nor an Smith 9 O..e�� Executive Director Contractor By0 ,,.,,�� DEPARTMENT ((�\JJTT//yy �, / /y Local Affairs Position (Titie)t,�/),Pp, , pal ('a. (rrn?MISS/vn///S kY -6000- 1-13 Federal identification Number (If Corporation:) Att t (Sea l)fin[ ! By T n/Cawnty Cie or Equivalent j� �l p»c--rn,t z u_d, . ,APPROVALS ATTORNEY GENERAL LER JAMES A. STROUP ARD 4By ey 0 ni\ \vv'� NI , L a i airs f �Y tinoral * - - ws Page lot 7Pages J- EXHIBIT A Scope of Services and Payment Schedule EIAF #1437 EXHIBIT A SCOPE OF SERVICES AND PAYMENT SCHEDULE WELD MINTY 1 . Scope of Services The purpose of this project is to provide operational expense for approximately 3 months to the Patient Advocacy Team (PAT) in order for the PAT to use its own funds for capital construction items. The capital construction items include but are not limited to: providing handicapped accessibility, an alarm system, heating system, electrical and plumbing in Camelot II, a housing complex for physically disabled persons. The Weld County Commissioners agree to facilitate the provision of services to physically disabled persons in Weld County through an agreement with the Patient Advocacy Team. The PAT is a private, non-profit organization providing care and training to the physically handicapped. The agreement will require the PAT to provide funds for the capital construction and repair items necessary for safe, decent living quarters for the clients of the PAT. The Impact funds will be used to fund administrative, operating, and maintenance expenses for the Patient Advocacy Team (PAT) in an amount not to exceed $50,000. Copies of any and all contracts entered into by the contractor in order to accomplish this project will be submitted to the Department of Local Affairs, Office of Impact Assistance, upon execution, and any and all contracts entered into by the contractor or any of its subcontractors shall comply with all applicable Federal and Colorado State laws and shall be governed by the laws of the State of Colorado notwithstanding provisions therein to the contrary. 2. Time of Performance The Project will commence upon execution of this contract The contract will expire on May 31 , 1986 except that the contract may be extended a maximum of 12 months subject to the mutual agreement of the State and the Contractor. A request for extension by the Contractor shall be submitted to the State at least 30 days prior to the expiration of the Contract with a full justification for the extension request. If approved by the State, written notification will be provided to the Offices of the State Controller and the State Attorney General. 3. Budget Revenue Expenditures Impact Assistance Funds $50,000 Administrative Expense $22,103 Operation and Maintenance Expense 27,897 Total $50,000 Total $50,000 4. Payment Schedule A. $49,000 Initial payment to be made within thirty (30) days of the date of execution of this contract. B. $ 1 ,000 Final payment to be made upon completion of the project. The contractor will submit a final financial and narrative report documenting the expenditure of all Impact Assistance Funds for which payment has been requested. $50,000 TOTAL Page 1 of 2 pages 4i All reauests for payment after the first payment will be initiated by the contractor in accordance with the provisions in paragraph 6 of the main body of this contract. 5. Contract Monitoring The Department of Local Affairs will monitor this project on an as needed basis. 6. Reporting Schedule The contractor will submit financial and narrative status reports detailing Project progress and properly documenting all expenditures of Impact Assistance funds at the time the payment is requested, in accordance with the payment schedule. Page 2 of 2 pages RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the County has identifed that a GE brand medical telemetry radio is no longer needed by Weld County Ambulance Service and is recommended to be donated to the Grover-Hereford-Carpenter group, and WHEREAS, State statute and the Weld County Administrative Manual requires that all items disposed of be declared surplus by the Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, hereby declares the above described radio as surplus property. BE IT FURTHER RESOLVED that the Board hereby authorizes the donation of the radio to the Grover-Hereford-Carpenter ambulance group. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of December, A.D. , 1985. ` n f - /f tas_v 1it cf BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board J;�y ets ne Join-on, Chairman os 0Al#k '1Yr-4 Gene R. Br ntn eStard 0er, Pro-Tem eputy County C rk // EXCUSED APPROVED AS TO FORM: C.W. R' " County Attorney n t Yam chi 4/7 /2-L- RESOLUTION RE: PURCHASE OF USED SPRAY TRUCK 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 Extension Agent has recommended the purchase of a used swinglok weed spraying truck for $59 ,300 from Cibolo Manufacturing, Inc. , and WHEREAS, Cibilo Manufacturing, Inc. is a sole provider of Cibolo Swinglok spraying trucks, and WHEREAS, the Weld County Purchasing policies and procedures require that all used equipment be approved by Board Resolution. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, hereby authorizes the purchase of a used Cibolo Swinglok spray truck for $59,300 from Cibolo Manufacturing, Inc. , of Jourdanton, Texas. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of December, A.D. , 1985 . �/J BOARD OF COUNTY COMMISSIONERS ATTEST: \' +l `/v .iitt. .27b 'v WELD COUNTY, COLORADO Weld County Clerk and Recorder \ k . � and Clerk to the Board a; •,°-a el John n, Chairman Sk` ?4 , (24±-e--„t R ) 'ene R. B antner, Pro-Tem eputy County Cl k EXCUSED APPROVED AS TO FORM: C.W. Ki Gor 1C- C72:72-de-C County Attorney l Fran Yama RESOLUTION RE: ACTION OF THE BOARD CONCERNING VIOLATION OF THE WELD COUNTY ZONING ORDINANCE - JANICE E. DERSHAM WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , the Weld County Department of Planning Services has informed the Board of County Commissioners that Janice E. Dersham is in violation of Section 31 . 2 of the Weld County Zoning Ordinance, gravel pit operation in the Agricultural Zone District without the appropriate permits, and WHEREAS, the property on which said violation is occurring is described as Part of the SEA, Section 25 , Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, despite repeated requests, said violation has not been corrected, and WHEREAS, the Board, after reviewing the matter and having heard the testimony, deems it appropriate to allow Janice E. Dersham until December 4 , 1985 , to remove the equipment from the property, and WHEREAS, the Board deems it advisable that if said equipment is not removed from the subject property bey December 4 , 1985 , this matter shall be referred to Thomas O. David, Weld County Attorney, for appropriate legal action. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Janice E. Dersham be, and hereby is, allowed until December 4, 1985 , to remove the equipment from the subject property. BE IT FURTHER RESOLVED by the Board that if said violation is not corrected by December 4 , 1985 , this matter shall then be referred to Thomas O. David, Weld County Attorney, to proceed with appropriate legal action against Janice E. Dersham, any other persons who may be occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with her, to remedy the violation of the Weld County Zoning Ordinance. Page 2 RE: ZONING VIOLATION - DERSHAM The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of November, A.D. , 1985_ - BOARD OF COUNTY COMMISSIONERS ATTEST: %'` �n" WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Ja eline Johnson, Chairman BY; [rypc,1t.c_¢i A/ e e R. Brantner, Pro-Tem J puty County C erk EXCUSED APPROVED AS TO FORM: C.W. K1 La County Attorney Fran Yama•u 'i ARe034177 ORDINANCE NO. 68-A • o O 0 IN THE MATTER OF THE REPEAL OF WELD COUNTY ORDINANCE NO. 68 , - REQUIRING THE LICENSING OF SECURITY PATROL AGENCIES, AND ri U INDIVIDUAL AGENTS AND EMPLOYEES THEREOF; PROVIDING RULES AND REGULATIONS FOR APPLICATION AND ISSUANCE O= SAID LICENSES; .Wa PROVIDING RULES AND REGULATIONS FOR OPERATING SECURITY PATROL o S AGENCIES 0 o v> m BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD O COUNTY, COLORADO: M WHEREAS, the Board of County Commissioners of Weld County, rig Colorado, deems it necessary to repeal Weld County Ordinance No. 68, Requiring the Licensing of Security Patrol Agencies, and Individual Agents and Employees Thereof; Providing Rules and co• o Regulations for Application and Issuance of Said Licenses; o ,z_, Providing Rules and Regulations for Operating Security Patrol Agencies, and N F � m cG WHEREAS, said Ordinance No. 68 was enacted on May 5 , 1980 , • w and Mz oz o WHEREAS, the Weld County Sheriff agrees that Ordinance No. 68 U a should be repealed. 14 KC x £ "' n NOW, THEREFORE, BE IT ORDAINED by the Board of County o o r- Commissioners of Weld County, Colorado, that Ordinance No. 68 is hereby repealed, as of the effective date of this Ordinance No. • w 68-A. BE IT FURTHER ORDAINED that all licenses previously issued under Ordinance No. 68 are hereby declared void. Ordinance No. 68-A Page 2 The above and foregoing Ordinance No. 68-A was, on motion duly made and seconded, adopted by the following vote on the 2nd day of December, A. D. , 1985. BOARD OF COUNTY COMMISSIONERS ATTEST: ` ,2tyv, WELD COUNTY, COLORADO Weld Colgty 1.4ik 'a`Ta5 Recorder and Cle d , he E ; y J ine J h son, Chairman Spy P7�t D pizty� ,C ' aR. sser, Pro-Tem APPRO D S ±0rN3 EXCUSED G C. W. irb C„ p C unty Attorney o G o N Q U ' n Frank Yams c �" C a ow o ° FIRST READING: November 4 , 1985 voiw Published November 7, 1985 , in The Johnstown Breeze A O SECOND READING: November 18, 1985 w Published November 21 , 1985 , in The Johnstown Breeze m o in •• .3 FINAL READING: December 2 , 1985 ri g Published December 5 , 1985 , in The Johnstown Breeze m w En C) EFFECTIVE DATE: December 10 , 1985 CO Z O W N E, N 0 W � w H [y P m z oz N KC O C.) g4 w ate, a en ex) o• I- CC W Cl _Cond b( eod ; nc, ORDINANCE NO. 88-D IN THE MATTER OF REPEALING AND RE-ENACTING ORDINANCES NUMBERS 88 , 88-A, 88-B, AND 88-C: REGULATING THE RUNNING AT-LARGE OF DOGS; PROVIDING FOR SEIZURE, IMPOUNDING, AND OTHER DISPOSITION THEREOF; AND PROVIDING FOR FINES AND PENALTIES FOR VIOLATIONS. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, on the 13th day of July, 1981 , the Board of County Commissioners of the County of Weld, State of Colorado, adopted Ordinance No. 88 , regulating the running at-large of dogs; providing for seizure, impounding, and other disposition thereof; and providing for fines and penalties for violations, and WHEREAS, said Board amended Section 3 of Ordinance No. 88, concerning impoundment, by adopting Ordinance No. 88-A on November 2 , 1981 , and said Ordinance No. 88-A became effecti^e on November 10 , 1981 , and WHEREAS, said Board amended Section 4 of Ordinance No. 88 , concerning charges for impoundment of dogs running at-large, by adopting Ordinance No. 88-B, on December 13 , 1982, and said Ordinance No. 88-B became effective on January 1 , 1983 , and WHEREAS, said Board amended Section 4 of Ordinance No. 88 , by adopting Ordinance No. 88-C on December 5, 1983 , and WHEREAS, said Board desires to repeal Ordinances Numbers 88, 88-A, 83-B, and 88-C, and to re-enact them to read as follows: SECTION 1 . RUNNING AT-LARGE It shall be unlawful for the owner or any person having custody of any dog to allow, suffer, permit, or sanction the running at-large of said dog without the accompaniment of said owner or person having custody of the dog within the County of Weld, except said portions of said County which are within the city limits of any incorporated municipality within said County. As used herein, the following words have the following meanings: a ` ORDINANCE NO. 88-D PAGE 2 a. "Running at-large" - off the premises of the owner and not under control of the owner. b. "Owner" - any person , partnership, or corporation owning any dog (s) , or having the same in his, her or its care, custody or control; or who shall cause, encourage, or suffer the same to remain on their premises for a period of three days or more. c. "Premises" - real property owned, rented, leased, used, kept, or occupied by a person or persons, a partnership, a corporation or governmental unit howsoever described. d. "Control" - physical restraint by use of leash, or a containing device. e. "Leash" - a thong, cord, rope, chain, or similar device which is capable of holding a dog (s) within. f. "Contai:.iing device" - a pen, cage, motor vehicle, or similar device which is capable of holding a dog (s) within. a. "Daylight hours" - one-half hour before sunrise until one-half hour after sunset. • h. "Livestock" - any bovine animal , horse, mule, ass, sheep, goat, fowl, or swine. A. A dog(s) shall be deemed to be running at-large when off or away from the premises of its owner and not under the control of such owner. B. It shall be deemed that a dog (s) is not under the control of its owner when the dog(s) inflicts damage or injury to the person or property of another or by harassing, chasing, or attacking people, livestock (or worrying livestock as defined in §35-43-126 , CRS) , or wildlife, except in the defense of the owner, family, or property. C. Control as defined shall not apply to dogs while actually working livestock, locating or retrieving wild game in season for a licensed hunter during daylight • , ORDINANCE NO. 88-D PAGE 3 hours, or assisting enforcement officers, or while actually being trained for any of these pursuits. SECTION 2 . HUMANE SOCIETY The Humane Society of Weld County shall have the responsibility, under this Ordinance, and in accordance with a contract which shall be entered into between the Board of County Commissioners and the Humane Society, for picking up dogs running at-large and impounding them. SECTION 3, IMPOUNDMENT Upon the execution of a contract between Weld County and the Humane Society of Weld County, it shall be the duty of the Humane Society of Weld County to seize and impound any and all dogs found running at-large without accompaniment of owner or any other person having control of the dog within any part of Weld County, Colorado, except within the city limits of any incorporated municipality in said County. If any animal is found running at-large or off the premises of the owner or keeper in violation of this Ordinance, or when any such animal is followed back to the premises, it may be taken up and impounded and/or the owner or keeper of the animal may be fined as provided hereafter. Those persons who have the authority to enforce the provisions of this Ordinance may pursue any at-large dog across private property without liability for trespass. SECTION 4. CHARGES FOR IMPOUNDMENT When any dog has been picked up for impoundment, notice of such impoundment shall be given to the owner, if known, who may thereupon recover possession of such dog on payment of the cost of impoundment. The basic cost of impoundment shall be twenty dollars ($20 .00) for the first two days or portion thereof during which a dog is impounded and an additional seven dollars ($7.00) for each day thereafter. However, if the same owner, or members of his immediate family, has redeemed the same dog from the designated impounding facility within the preceding twelve (12) months, the redemption fee shall be forty dollars ($40.00) . No ORDINANCE NO. 88-D PAGE 4 owner may recover possession of such dog until payment of the cost of impoundment is made. In addition to the basic impoundment fees, any impounded dog shall not be released until such animal has been duly vaccinated for Rabies. Upon receipt of an immunization (Rabies) deposit of fifteen dollars ($15 . 00) , however, such animal may he released in order that it may be immunized. Upon proof that such animal has been duly immunized within ten (10) working days after such release, the immunization deposit shall be refunded to the animal ' s owner. SECTION 5 . ADOPTION AND DESTRUCTION Any dog which shall have not been redeemed within forty-eight (48) hours from the time of such impoundment, may at once be put up for adoption in accordance with the normal procedure of the director of the impounding facility. Any owner or keeper of a dog who does not claim or redeem said dog within the forty-eight (48) hour impounding period shall forfeit all right, title, and interest in said dog. Any dog which has not been redeemed or adopted as herein provided, or any dog which is ill or in pain as determined by the director of the impounding facility, may be humanely destroyed under the direction of the director of the impounding facility and removed and buried or cremated, providing that no dog shall be put up for adoption or destroyed until the owner has been notified either orally or in writing, if the whereabouts of such owner is known or can be ascertained from a license tag or other identification found on the dog. SECTION 6. NON-LIABILITY The Weld County Sheriff, the Board of County Commissioners, their assistants and employees, the Humane Society of Weld County, and staff thereof, and any person enforcing the provisions of this Ordinance shall not be held responsible for any accident or subsequent disease that may occur in connection with the administration of this Ordinance. ORDINANCE NO. 88-D PAGE 5 SECTION 7 . VIOLATIONS AND PENALTIES Any violation of this Ordinance, not involving bodily injury to any person , shall be a Class II petty offense punishable by a fine or not more than $300 .00 or imprisonment in the County jail for not more than ninety (90) days or both such fine and imprisonment for each separate offense. SECTION 8 . COUNTY DOG CONTROL OFFICERS The Sheriff, Undersheriff, or any deputy sheriff, or any officer, agent or employee of the Humane Society of Weld County, if such Society is under contract with Weld County, shall have the authority to enforce the provisions of this Ordinance and within the meaning of §30-15-102 (3) , CRS, as amended, shall be considered county dog control officers. Whenever a county dog control officer has personal knowledge of any violation of this Ordinance, he may issue a citation or summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of said charge to the violator. - SECTION 9. PENALTY ASSESSMENT AND SCHEDULE Notwithstanding the provisions of Section 7 hereof, the person charged with one or more of the violations of this Ordinance shall have the option of paying the below specified penalty assessments therefor to the Weld County Treasurer in lieu of further proceedings or defense of such violation in Court, or of appearing in Court to defend such charge. If such person elects fo appear in Court, he shall be proceeded against as otherwise provided by law for the violations charged and shall be subject to the penalties provided in Section 7 hereof if found guilty of such charge. In the event a person elects to pay the prescribed penalty assessment as permitted herein, such payment shall constitute an acknowledgment of guilt by such person of the offense charcad and shall be deemed a complete satisfaction for such violation and upon accepting the prescribed penalty assessment, the Weld County Treasurer shall issue a receipt to the violator acknowledging payment thereof. The penalty assessment may be accepted and paid by the• violator under the privileges of this Section shall be as follows: ORDINANCE NO. 88-D • PAGE 6 Dog Running At-Large First Offense - $25 .00 Second Offense - $50 .00 Third Offense - $200 .00 Four or More Offenses - The penalty assessment shall • not apply and the violator shall be prosecuted under the provisions of Section 7 upon the issuance of a Summons to Appear. SECTION 10 . OFFENSES INVOLVING BODILY INJURY Any offense involving bodily injury to any person by a dog shall be a Class II misdemeanor and any violator shall be punished as provided in §18-1-106 , CRS , for each separate offense as provided below: Minimum Sentence - 3 months imprisonment, or 5250.00 fine, or both Maximum Sentence - 12 months imprisonment, or $1 ,000 .00 fine, or both SECTION 11 . SAFETY CLAUSE The Board of County Commissioners of Weld County, Colorado, hereby finds, determines, and declares that this Ordinance is necessary for the health, safety, and welfare of the citizens of Weld County, Colorado. WHEREAS, the effective date of this Ordinance No. 88-D shall be January 1 , 1986. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that Ordinance Numbers 88 , 88-A, 88-B, and 38-C are hereby repealed and re-enacted as stated herein, effective January 1 , 1986. BE IT FURTHER ORDAINED by said Board that all Summonses and Complaints issued prior to January 1 , 1986 , pursuant to Ordinance No. 88, as amended, shall be prosecuted under Ordinance No_ 88 , as ORDINANCE NO. 88-D PAGE 7 amended. All Summonses and Complaints issued after January 1 , 1986 , pursuant to Ordinance No. 88-D, shall be prosecuted under this Ordinance 38-D. The above and foregoing Ordinance No. 88-D was, on motion duly made and seconded, adopted by the following vote on the day of , A.D. , 1985. a BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Jacqueline Johnson, Chairman By: Deputy County Clerk Gene R. Brantner, Pro-Ten APPROVED AS TO FORM: C. W. Kirby County Attorney Gordon Lacy Frank Yamaguchi FIRST READING: November 18 , 1985 FIRST PUBLICATION: November 21 , 1985 , in the Johnstown Breeze SECOND READING: December 2 , 1985 SECOND PUBLICATION: December 5 , 1985 , in the Johnstown Breeze FINAL READING: December 16 , 1985 FINAL PUBLICATION: December 19 , 1985 , in the Johnstown Breeze EFFECTIVE DATE: January 1 , 1986 r5 R Pact iti ORDINANCE NO. 119-C IN THE MATTER OF AN AMENDMENT TO ORDINANCE NO. 119, WELD COUNTY BUILDING CODE ORDINANCE, REVISING CERTAIN PROCEDURES, TERMS, REQUIREMENTS, AND INCORPORATING BY REFERENCE CERTAIN PORTIONS OF THE UNIFORM BUILDING CODE, 1985 EDITION; UNIFORM MECHANICAL CODE, 1985 EDITION; NATIONAL ELECTRICAL CODE, 1984 EDITION, UNIFORM PLUMBING CODE, 1985 EDITION; UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1985 EDITION; THE UNIFORM SWIMMING POOL CODE, 1985 EDITION, AND APPENDICES TO ALL UNIFORM CODES. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners has the power and authority under the Weld County Home Rule Charter and Article 28 of Title 30 CRS, to adopt building codes for the unincorporated areas of the County of Weld, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, adopted Ordinance No. 119, with subsequent amendments, the Weld County Building Code Ordinance, establishing a comprehensive revision of the building code requirements for the unincorporated areas of the County of Weld, and WHEREAS, said Ordinance No. 119, as amended by Ordinances 119-A and 119-B, is in need of revision, updating, and clarification with regards to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that said Ordinance No. 119, as amended, is amended by the addition, revision, and renumbering of various sections, which shall read as follows: 1 AMEND SECTION 10.4 by: Delete "30-38-201 "and replace with" 30-28-201" Delete "1973". AMEND SECTION 20.1 by: Delete "1982" and replace with "1985". DELETE SECTION 20.1.2 AMEND SECTION 20.2 by: Delete "1982" and replace with "1985". • AMEND SECTION 20.2.1 by: Delete "1982" and replace with "1985". Add "unless the walls of the crawlspace are insulated" to the last sentence of the text. AMEND SECTION 20.2.2 by: Delete "Paragraph 4" replace with "(f)". AMEND SECTION 20.4 by: Delete "1982" and replace with "1985" AMEND SECTION 20.5 by: Delete "1982" and replace with "1985". AMEND SECTION 20.5.8 by: Delete "(a)" and replace with "(c)". AMEND SECTION 20.6 by: Delete "1982" and replace with "1985". RENUMBER SECTION 20.9.6.7 TO SECTION 20.9.7. • RENUMBER SECTION 20.9.6.8. TO SECTION 20.9.8. RENUMBER SECTION 20.9.6.9 TO SECTION 20.9.9. RENUMBER SECTION 20.9.6.10 TO SECTION 20.9.10. RENUMBER SECTION 20.9.6.11 TO SECTION 20.9.11. 2 ADD NEW SECTION 20.10 TO READ: 20.10 Manufactured Home Installation Standards. Any manufactured home located in cr relocated within Weld • • County shall meet the following installation standards. The Building Official may authorize the use of different materials or methods which will accomplish substantially the same result. 20.10.1 Blocking. Blocking shall be placed under each main manufactured home frame member for the full length of the manufactured home at maximum intervals of eight feet (8') . End of piers shall not be farther than five feet (5') from the end of the manufactured home. Wood railroad ties are not acceptable materials for blocking. 20.10.2 Base. Footers shall consist of i+oured concrete pads a minimum of six inches (6") thick and a minimum of sixteen inches (16") by sixteen inches (16") square. Two pieces of minimum #4 rebar (1/2") shall be placed in each direction before pouring. The bottom of the solid concrete base must be a minimum of twelve inches (12") below undistrubed ground surface. 20.10.3 Piers. Piers shall be constructed of one (1) or more eight inch (8") by eight inch (8") by sixteen inch (16") ("celled") concrete blocks or approved equivalent, materials. Said blocks shall be placed over the base in such a manner that the sixteen inch (16") dimension is at ,„ a ninety degree (90°) angle to the main frame of the manufactured hone and shall be centered on the base with the .ells in a vertical position. 20.10.4 Caps. Each pier shall be topped (capped) with an eight inch (8") by sixteen inch (16") by four inch (4") solid concrete block or the equivalent. 20.10.5 Wood Wedging. Wood wedging (shims) shall be driven tight between each pier cap and the main frame member of the manufactured home if necessary. No more than four inches (4") of the thickness of a type of wood approved by the Building Official shall be permitted. The width of the wedge shall provide a minimum of eight (8) lineal inches of bearing surface between the pier cap and the main frame of the manufactured home. 20.10.6 Tie downs. Tie downs shall meet the following standards: 20.10.6.1 Ties shall consist of galvanized steel strapping (1-1/4 x .035") with a minimum breaking strength of four thousand seven hundred fifty pounds (4,7504) or ties shall consist of galvanized steel cable 7/32" x 7 x 7 or 1/4" 7 x 19) with a minimum breaking strength of four 3 thousand eight hundred pounds (4,800#) . The Building Official may approve alternate materials of equal strength. 20.10.6.2 Each frame tie shall connect the main frame of the manufactured home to an anchor located outside the opposite main frame member. A frame tie shall be located within two feet (2') of each end of the manufactured home. Any manufactured home fifty feet (50') or less in length shall have a minimum of four (4) frame ties. Each frame tie shall be tightened snug to an anchor. 20.10.6.3 Ground anchors for securing the ties shall be of the following types: screw augers, expanding anchors, concrete deadmen, or equivalents approved by the Building Official. Any type of ground anchor used shall have a minimum holding power of four thousand eight hundred pounds (4,800#) . Ground anchors shall be placed at a minimum depth of four feet (4') or at a greater depth if determined necessary by the Building Official. 20.10.6.4 When strapping or cables are connected to turn buckles or to yoke-type fasteners and tensioning devices, connections shall be made so that the overall strength of the tie downs is not reduced. Turnbuckles shall be one-half inch (1/2") galvanized steel or the equivalent as approved by the Building Official. Hook-ends or open-eyes are not permitted as connection devices. "Eye and eye" or "draw and draw" type turnbuckles are acceptable as connection devices. Where cable is utilized and looped for connection, ends shall be secured with a minimum of two (2) cable clamps with the nuts • placed on the live side of the cable. Materials and connecting devices of equivalent strength may be utilized upon approval by the Building Official. 20.10.7 Skirting. Skirting shall be provided around the bottom of the manufactured home to ground level. Skirting shall be made of a material which is approved for exterior use by the Uniform Building Code. 20.10.8 Setbacks. Setbacks from other buildings or structures shall be as specified in Table No. 5-A of the Uniform Building Code. Manufactured homes shall fall within Group R-3 in this table. Zoning setbacks are identified on the front of the Building Permit and shall be complied with when locating the manufactured home on the property. 20.10.9 Dwelling Unit. Every manufactured home used as a dwelling unit shall be provided with a kitchen sink. Every manufactured home used as a dwelling unit shall be provided with a bathroom equipped with facilities consisting of a water closet, lavatory, and either a bathtub or shower. Each sink, lavatory, and either a 4 bathtub or shower shall be equipped with hot and cold running water necessary for its normal operation. Every home shall be provided with a smoke alarm installed according to the Weld County Building Code. 20.10.10 Installation on Basements. Units which have a floor joist system approved to be put on a regular foundation will not need to be engineered unless installed in an area where we require all foundations to be engineered due to soil conditions. However, rebar shall be installed in the foundation according to County requirements. Units which are designed to be supported on four (4) rails shall submit an engineered foundation and support system design. 20.10.11 Installation on Other Than Basements. Units which have a floor joist system approved to be put on a regular foundation system must be installed according to manufacturers and County's specifications. This would consist of an outside perimeter footing and foundation • with support footings and a wall in the center or concrete pads and vertical supports. The unit must be anchored to the foundations. Units which are designed to be supported by the four (4) rails must be installed according to the enclosed standards. If the manufacturer's specifications call ±or closer spacing of the support piers then that standard must be followed. AMEND SECTION 30.2.2 TO READ: Additions, Alterations or Repairs. Additions, alterations or repairs may be made to any building or structure without requiring the existing building or structure to comply with all the requirements of this code, provided the addition, alteration or repair conforms to that required for a new building or structure. Additions or alterations shall not be made to an existing building or structure which will cause the existing building or structure to be in violation of any of the provisions of this code nor shall such additions or alterations cause the existing building or structure to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate egress in compliance with the provisions of this code or will obstruct existing exits; will create a fire hazard; will reduce required fire resistance or will otherwise create conditions dangerous to human life. Any building so altered, which involves a change in use or occupancy, shall not exceed the height, number of stories and area permitted for new buildings. Any building plus new additions shall not exceed the height, number of stories and area specified for new buildings. Additions or 5 alterations shall not be made to an existing building or structure when such existing building or structure is not in full compliance with the provisions of this code except when such addition or alteration will result in the existing building or structure being no more hazardous based on life safety, fire safety, and sanitation, than before such additions or alterations are undertaken. Alterations or repairs to an existing building or structure which are nonstructural and do not adversely affect any structural member or any part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is constructed. The installation or replacement of glass shall be as required for new installations. AMEND SECTION 30.2.3 by: Delete the last sentence of the text. AMEND SECTION 30.2.8 by: Delete "that" in number 3 and replace with "than". AMEND SECTION 30.5.3 by: Add the following sentence at the end of the text: The temporary certificate shall be valid for a certain period of time not to exceed three months and may be renewed only once by the Building Official. DELETE SECTION 30.7. DELETE SECTION 40.7. DELETE SECTION 50.7. DELETE SECTION 60.7. DELETE SECTION 70.6. DELETE SECTION 71.6. DELETE SECTION 86. RENUMBER REMAINING SECTIONS BEGINNING WITH SECTION 87 AND CONTINUING • THROUGH 93.3.6 6 If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held or decided to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion. The Board of County Commissioners hereby declares that it would have passed the Ordinance, and each and every section, subsection, paragraph, sentence, clause and phrase thereof irrespective of the fact that any one or more section, subsection, paragraph, sentence, clause, or phrase might be declared to be unconstitutional and invalid. The above and foregoing Ordinance No. 119-C was, on motion duly made and seconded, adopted by the following vote on the day of , A.D., 1985. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Jacqueline Johnson, Chairman BY: Deputy County Clerk Gene R. Brantner, Pro-Tem Approved as to form: C. W. Kirby Gordon E. Lacy • County Attorney Frank Yamaguchi First Reading: December 2, 1985 Published: December 5, 1985, in the Johnstown Breeze Second Reading: December 16, 1985 Published: December 19, 1985, in the Johnstown Breeze Final Reading: December 30, 1985 Published: January 2, 1986, in the Johnstown Breeze Effective: January 7. 1986 • • WELD COUNTY, COLORADO PAGE 1 of 1 ' payroll, FUND CLAIMS V.O. WARRANT NO. P.O. NO. _ VENDOR N'OUNT Semi-monthly payroll - 27,201.00 • • /4y: ix (%/ l TOTAL t 27,201.00 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 -i and dated November 75th 19 85 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 27,201.00 DATED THIS 15th DAY OF November , 105 . . • • , - • - WELD CO NA CE OFFICER G - SUBSCRIBED AND SWORN TO BEFORE ME THIS 72"-;-13--- -1 DAY CF X,, 4f, % 19 - MY COMMISSION EXPIRES: My Commission Ethos S, 1�S5 • - -• 7)5• NOT PI PUBLICT "1 , 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 crdered drawn upon the payroll FUND totaling $ 27.201.00 C, p on ATTEST: - qemoer County C1 k & Recorder Member J nee uL z • ' .. _er ,r - - . WELD COUNTY, COLORADO PAGE 1 GENERAL FUND CLAIMS V.O. WARRANT NO. P.O_ NO. VENDOR AMOUNT 901978 46669 W C DEPT of HRD PETTY CASH 1 $73. 11 • TOTAL t 73. 11 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 DECEMBER 2 19 85 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $73. 11 DATED THIS 2nd DAY OF DECEMBER t9 85/ WELDS / SUBSCRIBED AND SWORN TO BEFORE ME THIS 2nd DAY CF DECEMBER 1985 . MY COMMISSION EXPIRES: My Commission Expires June 8, 1986 • l y a- c..1,i . NOTARY PUBLIC ---1 STATE OF COLORADO ) COUNTY CF WELD ss We, the Board of County Commissioners of Weld County, Colorado, hereby (approve) d s?pprove) the claims as set forth above; and warrants in payment therefore are hereby ordered drawn upon the GENERAL FUND totaling S 73. 11 rerst off • Ww.n�.. �J.xr.�n,Ui-v County Clerk & Recorder Memoer " ESC Cecot " MONTHLY PAYROLL HANDWRITE APPROVAL FORM WARRANT WARRANT NUMBER PAYEE AMOUNT 12014 HUNTER TERRY 437.12 NUMBER OF WARRANTS 1 TOTAL 437.12 TUE AMOUNT OF THESE HANDWRITES WILL BE INCLUDED IN THE MONTHLY PAYROLL TOTAL ON DEC. 2 19 RS • • • • • • • • • • • o i • • • • • • • • • > jy > D D D b P• £ £ C O O 0 o G C G Z > > V: V1 O Ln .cn U) Vt 'J A L 0 O C) C C 0 c 3 2o N AN w w v: w w w t.): mz 0 o ''0 CD .D C lV>-. 4' c+% F -1 b a L 0 0 0 COp 34 a -. 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C -n y = rip- I t J -i Z r I Z -O O rn a I c� -i =' '� c ;n '7 p ;D r I oz, r r a — I r47 a C 2 I; o N .0 row Z O T z C. m y a 1 + � o z C U c p r1‘E 0.171. ..< • 0 -4 -53 71 \ IC:\\II CPI ri.o (nr C-2. 140 C\-::: Z 3 In 1 tt 1•3 v O 11 I v a -n m an d l�I. t�^ n v.) n n I Z I:5 n _ 1 -t = I I • A a 2 0 IC s Z 31 a� Z C° I Z p v I9 11 D1 T ,:n Z I I 1♦ T C z �` Vt pI ,a� I • • ii 1 i • y 1 • • • • • 0 0 0 0 • • 5 0 5 0 5 0 0 0 • • • NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County • Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 85-92 James E. and Michele I. Vetting 22670 Weld County Road 54 Greeley, Colorado 80631 DATE: December 18, 1985 TIME: 2:00 P.M. REQUEST: Use by Special Review - Livestock confinement operation (250 cows) LEGAL DESCRIPTION: Part of the NW*, Section 23, and part of the SW}, Section 14, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD • BY: Mary Reiff, Deputy DATED: December 2, 1985 PUBLISHED: December 5, 1985, in the Johnstown Breeze �'� , RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 2, 1985 TAPE #85-102 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, December 2, 1985, 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 Gene Brantner, Pro-Tem Commissioner C.W. Kirby - Excused Commissioner Gordon Lacy Commissioner Frank Yamaguchi Also present: Weld County Attorney, Thomas 0. David Acting Clerk to the Board, Tommie Antuna MINUTES: Minutes of November 27, 1985, will be held over until the meeting of December 4, 1985. 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: There were no reports at today's meeting. WARRANTS: Don Warden presented the following warrants for approval by the • Board: General fund $2,460.35 Social Services 6,759.00 Handwritten warrants: General fund 73.11 Commissioner Brantner moved to approve the warrants as presented + by Mr. Warden. Commissioner Lacy seconded the motion which carried unanimously. BUSINESS: NEW: CONSIDER RESOLUTION RE: MEMORANDUM OF AGREEMENT WITH PATIENT ADVOCACY TEAM: Don Warden explained that the Patient Advocacy Team, which maintains Camelot II, a home for independent living for physically disabled persons, was granted a $50,000.00 Energy Impact Assistance Fund Grant for the upgrading of the facility. In order for the Patient Advocacy Team to receive these monies, Weld County must act as the local sponsoring agent. Mr. Warden • said the documents to be signed by the Chairman are a Contract with the State and an Agreement with the Patient Advocacy Team. Commissioner Lacy moved to approve the Resolution concerning the Memorandum of Agreement with the Patient Advocacy Team and authorize the Chairman to sign the Contract with the State. The motion was seconded by Commissioner Brantner and carried unanimously. CONSIDER RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY: Mr. Warden said the Ambulance personnel recommends that this radio be declared surplus property and given to the Grover-Hereford-Carpenter Ambulance Volunteers. Commissioner Lacy moved to approve the Resolution declaring certain equipment as surplus property. Commissioner Brantner seconded the motion which carried unanimously. CONSIDER RESOLUTION RE: PURCHASE OF USED SPRAY TRUCK: Mr. Warden said this spray truck has been used as a demonstrator and the company is the only maker of this type of vehicle. Mario Meakins, Director of Extension Services, came forward to make comments concerning this item. He said this truck comes with a full warranty and there is a savings of approximately $5,000.00. Commissioner Brantner moved to approve this Resolution for the purchase of the used spray truck. Seconded by Commissioner Lacy, the motion carried unanimously. CONSIDER OIL AND GAS DIVISION ORDER FROM MACEY AND MERSHON OIL, INC. ON NE} , S2, TIN, R65W AND AUTHORIZE CHAIRMAN TO SIGN: Tom David, County Attorney, said this had been reviewed by his office and found to be in order. Commissioner Lacy moved to approve this Oil and Gas Division Order from Macy and Mershon and authorize the Chairman to sign. The motion, seconded by Commissioner Brantner, carried unanimously. CONSIDER ASSIGNMENT OF LEASE FROM TABER McGINLEY TO ROBERT ZIM.MERMAN, JR. ON NWT, 524, T9N, R66W: Mr. David said his office had checked to see if the assignee has any production tax liability, but found none for Mr. Zimmerman, so he is recommending that this Assignment be approved. Commissioner Lacy moved to approve the Assignment of Lease from Taber McGinley to Robert Zimmerman, Jr. Commissioner Brantner seconded the motion and it carried unanimously. SECOND READING OF ORDINANCE #88-D - IN MATTER OF REPEALING AND RE-ENACTING ORDINANCE NOS. 88, 88-A, 88-B AND 88-C, REGULATING THE RUNNING AT-LARGE OF DOGS: Commissioner Brantner moved to have Ordinance #88-D read by title only. Commissioner Lacy seconded the motion which carried unanimously. Don Warden read the title of this Ordinance into the record. Commissioner Lacy moved to approve the second reading of Ordinance 088-D and direct the Clerk to the Board to have published. The motion, seconded by Commissioner Brantner, carried unanimously. FINAL READING OF ORDINANCE #68-A - IN MATTER OF REPEAL OF ORDINANCE #68, REQUIRING THE LICENSING OF SECURITY PATROL AGENCIES: Commissioner Brantner moved to have Ordinance ?168-A read by title only. Commissioner Lacy seconded the motion and it carried unanimously. Tom David read the title of Ordinance #68-A into the record. Commissioner Lacy moved to approve Ordinance #68-A, In Matter of Repeal of Ordinance 068, Requiring the Licensing of Security Patrol Agencies, on final reading. The motion was seconded by Commissioner Brantner and carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. The second reading of Ordinance 088-D was approved and Ordinance #68-A was approved on final reading. Minutes - December 2, 1985 Page 2 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 9:20 A.M. APPROVED: a� ATTEST: lfl tw ,v-.ti ✓tzdta t BOARD OP COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder doe-- and Clerk to the Board, \ J eJJoh•s•n, Chairman By: ; �/ (!//mod )Deputy County Cle c ene R. Brant e , Pro-Tem EXCUSED C.W. Ki b C c ank Yam u • Minutes - December 2, 1985 Page 3 RECORD OF PROCEEDINGS AGENDA Wednesday, December 4, 1985 Tape #85-103 & #85-104 ROLL CALL: Jacqueline Johnson, Chairman Gene Brantner, Pro-Tem C.W. Kirby Gordon Lacy Frank Yamaguchi MINUTES: Approval of minutes of November 27, 1985 (Chairman Johnson and Commissioner Kirby excused) Held over from December 2; and Approval of minutes of December 2, 1985 (Commissioner Kirby excused) CERTIFICATION' OF HEARING: Hearing conducted on December 2, 1985: 1) Amendments to Building Code Ordinance (Commissioner Kirby excused) ADDITIONS TO AGENDA: Added as Item #12 under New Business: Certification of Beebe Draw Special Election APPROVAL OF CONSENT AGENDA: DEPARTMENT HEADS AND 1) Stan Peek, District Attorney ELECTED OFFICIALS: COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BIDS: 1) Present Oil & Gas Leases (11 Parcels) 2) Approve one-ton truck w/stake bed - Rd. & Bridge 3) Approve auger to be built for one-ton truck - Rd. & Bridge BUSINESS: NEW: 1) Consider renewal request for Club Liquor License from Greeley Elks Lodge #809 2) Consider 1986 Dance License for Greeley Elks Lodge #809 3) Consider Amendments to Fleet Management & Maintenance Agreement with ARA and authorize Chairman to sign documents 4) Consider Change Order #4 for Roche Constructors - Phase II of Jail 5) Consider Resolution re: Intergovernmental Agreement with Town of La Salle for Conservation Trust Fund Expenditures and authorize Chairman to sign 6) Consider LEAP Vendor Agreements and authorize Chairman to sign 7) Consider Resolution re: Conveyance of Improvements to Tamara L. and Robert E. Sorensen 8) Consider Weld-Larimer Agreement for Regional Services and authorize Chairman to sign 9) Consider Contract between Weld County, Family Practice Residency and NCMC and authorize Chairman to sign 10) Consider Emergency Ordinance #82-E - In Matter of Setting Fees for Services Provided by Health Department 11) Consider request of Fairway Energy for extension of Oil & Gas Lease on 58, T7N, R63W PLANNING: 1) ZPMH #1109 - Beierle 2) Zoning Violation - Pevler 3) Zoning Violation - La Rose & Schesser 4) Zoning Violation - Hodges & Rogarth 5) Zoning Violation - Rael 6) Zoning Violation - Mowery 7) Zoning Violation - Miller & Stephens 8) Zoning Violation - Roseberry (cont. from Nov 27) 9) Building Code Violation - Roseberry (cont. from Nov 27) 10) Building Code Violation - Cornell 11) Building Code Violation - La Rose & Schesser 12) Building Code violation - Hodges & Hogarth 13) Building Code Violation - Pevler CONSENT AGENDA APPOINTMENTS: Dec 5 - Human Resources Advisory Board 8:30 AM Dec 9 - Work Session 1:30 PM Dec 10 - Airport Authority 12:30 PM Dec 12 - Area Agency on Aging 9:00 AM Dec 12 - Placement Alternatives Commission 1:30 PM Dec 12 -- Library Board 7:00 PM Dec 13 - Community Corrections Advisory Board 12:00 NOON Dec 24 - HOLIDAY Dec 25 - HOLIDAY HEARINGS: Dec 4 - Show Cause Hearing, Arnold & Beverly Teter (cont. from Oct 16) 2:00 PM Dec 18 - Policy Report under Section 103A 10:00 AM Dec 18 - Tavern Liquor License, LeRoy Sather, dba Streamers 2:00 PM Dec 18 - Show Cause Hearing, Vessels Oil & Gas (cont. from Nov 13) 2:00 PM Dec 18 — USR, Process & sell forestry products in Agricultural Zone District, Darrel or Tamara Lockman 2:00 PM Dec 18 — USR, Greyhound dog kennel, Gene & Diane Gurley 2:00 PM Dec 18 — USR, Livestock confinement operation, James & Michele Vetting 2:'" PM Dec 23 — Changes to Final PUD Plat, Beebe Draw Land Company Ltd. — First Filing 9:00 AM Jan 8 — Show Cause Hearing, 31 Disposal (Stan Rech) 2:00 PM REPORTS: 1) Robert Rhinesmith, Director of Information Services — Quarterly Report 2) Drew Scheltinga, Engineering Director — Monthly Report for November, 1985 COMMUNICATIONS: 1) Planning Commission agenda for December 3, 1985 2) 4-H Newsletter for December, 1985 3) Nuclear Regulatory Commission Bulletin #85-03 and letter re: Fort St. Vrain 4) Notice of Intent to File Claim — Robert E. Williamson 5) Dept. of Highways Newsletter #85-49 RESOLUTIONS: * 1) Approve Oil and Gas Division Order on NE}, S2, TIN, R65W * 2) Approve Assignment of Lease from Taber McGinley to Robert Zimmerman, Jr. on NW}, S24, T9N, R66W * 3) Approve Intergovernmental Agreement with Town of La Salle for Conservation Trust Fund Expenditures * 4) Approve conveyance of improvements to Tamara L. and Robert E. Sorensen CHANGE ORDER: * 1) Roche Constructors - Phase II of Jail ORDINANCE: 1) Emergency Ordinance 482-E - In Matter of Setting Fees for Services Provided by Health Department * Signed at this meeting RESOLUTION RE: APPROVE OIL AND GAS DIVISION ORDER FROM MACEY AND MERSHON OIL, INC. , 1600 BROADWAY, SUITE 2150 , DENVER, COLORADO 80202-4970 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 Macey and Mershon Oil, Inc. , and WHEREAS, said lease covers land more particularly described as follows: Township 1 North, Range 65 West Section 2 , NE; Weld County, Colorado WHEREAS, Macey and Mershon Oil, Inc. has submitted an Oil and 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 Oil and Gas Division Order as submitted by Macey and Mershon Oil, Inc. , 1600 Broadway, Suite 2150 , Denver, Colorado 80202-4970 on the hereinabove described parcel of land be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Division Order. /tt,. Page 2 RE: DIVISION ORDER - MACEY AND MERSHON The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of December, A.D. , 1985. �/(� .-, BOARD OF COUNTY COMMISSIONERS ATTEST: !1 ( .�✓.,...n--+ +'�^ ,�°�v WELD COUNTY, COLORADO Weld Countylerk and Recorder 1 and Clerk to the Board J ccg ' ine J son, Chairman \ BY: C7j -y7L - , '`-- /-IPJ ene R. Brantner, Pro-Tem Deputy County Cl rk // EXCUSED APPROED AS TO FORM: C.W. K ' . b County Atto y � Fr: k a •'t"hi AR2033895 Oil and Gas Division Order MACEY & MERSHON OIL INC. Property McGill 01 Suite 2150 1600 Broadway October 12 1985 Denver, Colorado 80202 Each of the undersigned OWNERS guarantees and warrants he is the owner of the interest set out opposite his name on the reverse side hereof in oil and gas or the proceeds from the sale of oil and gas from the progeny described on the reverse side hereof, and until further written notice either from you or from us.the undersigned owner and all other parties executing this instrument hereby authorize you. your successors or assigns to receive and measure such sales in accordance with applicable governmental rules and regulations and to give credit as set forth on the reverse side hereof. The following covenants are parts of this instrument and shall be binding on the undersigned,their successors. legal representatives. and N O assigns. U Oil: Oil sold hereunder shall be delivered f.o.b. to the carrier designated to gather and receive such oil, and shall become your property upon receipt thereof by the carrier designated by you or by any other purchaser to whom you may resell such oil. The term "oil"as 0 used in this division order shall include all marketable liquid hydrocarbons. Should the oil produced from the herein described land be commingled with oil produced from one or more other separately owned tracts of land prior to delivery to the designated carrier,the commingled oil sold hereunder shall be deemed to be the imerest of the o W undersigned in that portion of the total commingled oil delivered which is allocated to the herein described land on the basis of lease 3 meter readings or any other method generally accepted in the industry as an equitable basis for determining the quantity and quality of oil sold from each separately owned tract. Such formula shall be uniformly applied to alt owners of an interest in the tracts of land o a involved. s -W Should the interest of the undersigned in the oil produced from the herein described land be unitized with oil produced from one or more other tracts of land-this instrument shall thereafter be deemed to be modified to the extent necessary to conform with the applicable unitization agreement or plan of unitization,and all revisions or amendments thereto,but otherwise to remain in force and o effect as to all other provisions, In such event, the portion of the unitized oil sold hereunder shall be the interest of the undersigned in that portion of the total unitized oil delivered which is allocated to the herein described land and shall be deemed for all purposes to have been actually produced from said land. .. ,,g You agree to pay for the oil sold hereunder at the price posted by you for oil of the same grade and gravity in the same producing eh field or area on the date said oil is received by you or the designated carrier. If you do not currently post such a price, then until X such time as you do so.you agree to pay the price established by you. You are authorized to reduce the price by those truck, barge. ft] tankcar.or pipe line transportation charges as determined by you. in f7 Should the oil sold hereunder be resold by you to another purchaser aO02pting delivery thereof at the same point at which you take co e) title,you agree to pay for such oil based upon the volume computation made by such purchaser and at the price received by you for such oil, reduced by any transportation charges deducted by such purchaser. o Z Quality and quantity shall be determined in-accordance with the conditions specified in thepostingmay o r p price You refuse to receive W any oil not considered merchantable by you. eV E Gas: Settlements for gas shall be based on the net proceeds realized from the sale thereof, after deducting a fair and reasonable charge .--i for compressing in and making it merchantable and for transporting if thegas is sold off the property, Wheregas is sold subject to P 9 P P v. l cc, regulation by the Federal Power Commission or other governmental authority,the price applicable to such sale approved by order of u'r O such authority shall be used to determine the net proceeds realized from the sale. W m Cxi Settlements:Settlements shall be made monthly by check mailed to the respective parties according to the division of interest herein rn specified at the latest address known by you. less any taxes required by law to be deducted and paid by you applicable to owner's en z interest_ o z Evidence of Title:The oil and gas lease or leases. and any amendents. ratifications.or corrections thereof, under which said gas and/or oil eV < is produced are hereby adopted, ratified, and confirmed as herein and heretofore amended. In the event any dispute or question arises concerning the title to the interest of the undersigned in said land and/or the oil or gas produced therefrom or the proceeds o GC thereof. you will be furnished satisfactory abstracts or other evidence of title upon demand. Until such evidence of title has been iS furnished and/or such dispute. defect, or question of title is corrected or removed to your satisfaction, or until indemnity satisfactory CC £ to you has been furnished. you are authorized to withold the proceeds of such oil or gas received and run, without interest. In the m u1 event any action or suit is filed in any court affecting the title to the interest of the undersigned in the herein described land or the Cy c0 oil or gas produced therefrom or the proceeds thereof to which the undersigned is a party.written notice'of the filing of such suit or N-r action shall be immediately furnished you by the undersigned, stating the court in which the same is filed and the title of such suit or action. You will not be responsible for any change of ownership in the absence of actual notice and satisfactory proof thereof. pa W Contingent Interests: 1Mlether or not any contingency is expressly stated in this instrument,you are hereby relieved of any responsibility for determining when any of the interests herein shall increase. diminish.terminate, be extinguished or revert to other parties as a result of the completion or discharge of money or other payments from said interest. or as a result of the expiration of any Time or term limitation (either definite or indefinite). and. unless you are also the operator of the property. as a result of an increase or decrease in production.Or as a result of a change in the depth, the methods or the means of production, or as a result of a change in the allocation of production affecting the herein described la..d or any portion thereof under any agreement or by order of Governmental authority. and until you receive notice in writing to the contrary, you are hereby authorized to continue to remit without liability pursuant to the division of interest shown herein Warranties: Working Interest Owners and/or Operators. and each of them,by signature to this instrument. certify, guarantee and warrant for your benefit and that of any pipe line or other carrier designated to run or transport said oil or gas. that all oil Or gas tendered here- under has been and shall be produced from or lawfully allocated to the herein described land in accordance with all applicable Federal, state and local laws, orders. rules and regulations_ Thisinstrument may be executed by one or more, but all covenants herein shall be binding upon any party executing same and upon _- his-heirs. devisees,successors. and assigns irrespective of whether other parties have executed this instrument. The undersigned agrees to save Macey & Mershon Oil Inc. harmless and indemnifies Macey & Mershon, its successors and assigns, from and against any and all loss, cost, damage, charge or expense which Weld County may suffer or incur on account of payments made to Weld County for 100% of the oil and/or gas as herein provided. BOARD OF COIN Y COMMISSIONERS, WELD COUNTY, COLORADO x 915 ±Ot. Street P.O. Box 758 N e street w Box No. 84-6000-813 x Greeley, CO 80532 Social Security (or Tax ID)Number City,State,Zip ` `� Name Street or Box No. Attest: C y • '� Social Security (or Tax ID)Number :: :::t:0:: . •t/t r ,. ' By Tax ID Number City, State, Zip ! I i Oil and Gas Division Order Property described as: McGill #1 NE/4 Section 2-T1N-R65W _ in Weld County. State of Colorado and commencing with First Runs. Credit To (Name of Owner) Division of Interest BP0/BFP APO/BFP APO/AFP y C Weld County .125 of 146.405/307.96 = .0594253 .0594253 .0594253 CU c/o Board of County Commissioners 915 10th Street Greeley, CO 80631 B 1093 REC 02033895 12/02/85 13: 32 $0.00 2/002 F 1286 MARY ANN FEDERSTEIN CLERK & RECORDER WELD CO, CO PS Form 3800, Feb. 1982 * U-S.G.P.O.1984443014 o o o WI r !}IQp; v ,--to ' �y S 0 00 �n I , i ' o d Vo Cc 5' m • ��m � , , or i =. I v m io N CF ,.o �o CJ 10 m m 1� m W Cll..\r o n` � w 0 o m . m et. oN m iJ v m NCI O - 'c I O. N it t 7, DO 71 N , N� 2 T o m yo oo '� a ^� 1"� �m 9 t o ool O- c ° I 1002 i zo -� `mom ! IC: Cr) Is m tip 9 w cc o ! I 0 G , o. o> -4 o or Z i N F" 0 z m 3 '.I I i ty. 11-- n m ID I_ $ m c 'o a (r' > I - W r� H o D id13O38 N8f1138 711S3WOa/LJu nr /f1NK52lo SPWLDb E86L Alnr'LLBQ WJ04 Sd P' x a X PI !OD Et' D a r r r.' r o m li Q m ›i n lie m a o 2! , „T rei Te2T 1 C ( D kl » .-<cg, m � N 6 n a_ .. �e mm UnP 4 Ot J m� .o < m QX J� pO Op '-Z•C: m a�ppp' O ( e y m 2 • 0 c T - ` : my `�„ n 4, h{ W" • 9t o � z) -g; m __. wm , r s $a rn ft z, a >: 0 3 n % a rtii n D T- = : ep a a F E _ sa =3 n ri -OO •' £, ii f e , Y a o•5--c m ' 3 . r o_ ` 04 m _ ? $ Ko o i r O C]k o \V\\C Si {� �d t • $ N O saw D 1 r'. N. '0.! o• f ~ 8 .� r'fN n -.6.13 =z z r(1 6 N { O VD Dt 46 p y y hq C \``-' 2 a N W g { i 5 w cri 9. ii g .. t I o • a. 248i5R •' a 1 Ss$-£; G-4, a ORR - Overriding Royalty Interest WI - Working Interest LOR - Land Owner' s Royalty PP -- Production Payment BP0 - Before Payout APO - After Payout BFP - Before Force Pooling AFP - After AFP - After Force Pooling: For'. Pooling RESOLUTION RE: APPROVE ASSIGNMENT OF LEASE FROM TABER McGINLEY TO ROBERT E. ZIMMERMAN, JR. 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, Taber McGinley received an Oil and Gas Lease from • Weld County, Colorado on October 9 , 1985 , concerning the NW;, Section 24 , Township 9 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, Taber McGinley now desires to assign all right, title, and interest of said parcel to Robert E. Zimmerman, Jr. , P.O. Box 8753, Denver, Colorado 80201 , and WHEREAS, pursuant to Weld County' s Oil and Gas Lease, the Board of County Commissioners must approve such assignments, and WHEREAS, after consideration, the Board deems it appropriate to approve the assignment, subject to a fee of $25 . 00. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the assignment of said lease, from Taber McGinley to Robert E. Zimmerman, Jr. be, and hereby is, approved subject to the submittal of the fee of $25.00 . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of December, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: 67 WELD COUNTY, COLORADO Weld County ("lerk and Recorder �pX,mQ, ryg—� and Clerk to the Board J: etline J •ason, Chairman Iivy `BY: C'7)L vLc.c% c Gene R. Brantner, Pro-Tem Deputy County , erk / EXCUSED APPROVED AS TO FORM: C.W. Kil. Go d ac County Attorney Fran Yam-gi/ 1 j ;i Mid-Continent Association Form (This Spoor Reserved for Mimi Stamp) form Ho. 1St ASSIGNMENT OF OIL AND GAS LEASE • KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Taber McGinley . P.O. Box 13336 Denver, Colorado 80201 • Dollar(tl.o0)lithe receiptowhereof is herebyr cknowle rged does hereby sell, assign. transfer and set over unto Robert E. Zimmerman, Jr. • P.O. Box 8753 Denver, Colorado 80201 (hereinafter called Assignee) 100% interest in and to the oil and gas lease dated October 9 . 19 85 from-Board of County Commissioners of the County • of Weld, for its respective interests, c/o Board of County Commissioners, Weld County Centennial Center, 915-10th St. , Greeley, Colorado 80631 , lessor to nle P.O. Box 13336 Denver Colorado 80201 lessee, REC recorded in book 1 0R7 ,gar 0202.4311__)nsofar as said lease covers the following descr:`Led land in Weld County,State of Colorado . I NW/4 66W and containing 16±0.00 acres, more or less oto ether with 24 Township 9N Range together the rights incident thereto and the personal property thereon, appurtenant thereto.or used or obtained in connec- tion therewith. And for the same consideration the !signor covenants with the Assignee, its or his heirs, successors or assigns: That the Assignor lathe lawful owner lend umba nces title to the Interest o or claims: Te hat assigned lease isd to said lease, estate,a valid and subsisting rights and on the property, free and clear from all liens, land above described, and all rentals and royalties due thereunder have been paid and all aims conditions necessary to w keepoth same in full force have been duly performed,74tsd:tElex%!ffi;7�'d SAILEALIZEYWEISESOAKAESECITafiteCOSSCASECHIaberSINIOS 70th day of November , 1985 Ir-7fECRTED, Thief_ - '� (, � Taber McGinley �McGinley STATE OF COLORADO —1, 55. ACKNOWLEDGMENT FOR INDIVIDUAL (Kans. Okla. and Colo.) COUNTY OF DENVER 1 _� Before me, the undersigned, a Notary Public, within and for said County and State, on this 70th day of November 1985 personally appeared Taber McGinley and to me personally known to be the identical person who executed the within and foregoing instrument and acknowledged to me • that he executed the same as his free and voluntary act and •e•. for the uses and pur.--:s therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official s•al the da and -ea la abo'y written, 31 My commission expires (.c /_ /1),}.1 yr-g, Notary Public �envQr-'t,`lCO Boas STATE OF } es. ACKNOWLEDGMENT FOR CORPORATION COUNTY OF Be it remembered that on this _day of 19 , before me, the undersigned, a Notary Public, duly commissioned, in and for the county and state aforesaid, came president of a corporation of the State of personally known to me to be such officer, and to be the same person who executed'as such officer the foregoing instrument of writing in behalf of said corporation, and he duly ac- knowledged the execution of the same for himself and for said corporation for the uses and purposes therein set forth. • IN WITNESS WHEREOF, I have hereunto set my hand and official seal on the day and year last above written. My commission expires — Notary Public B 1095 REC 02035830 12/16/85 09: 01 $0. 00 1/002 F 0998 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO PURPORTED CC-:-` Trailed by r&M Yrinunt(303j x93-isxt STATE OF l Oklahom. New Mexico, Wyoming, Montana,Colorado,Utah, COUNTY OF rss. :asks, ".. -Lots,South Dakota Jj 'OWLLDGMENT—INDIVIDUAL BEFORE ME,the undersigned,a Notary Public,in and for San d State,on this day of , l9„personally appea and ,tome 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 free 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 Expires • Notary Public. Address: STATE OF 11 Oklahoma,Kansas, New Mexico,Wyoming,Montana,Colorat .,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 ,tome 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 free 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 Expires Notary Public. Address: STATE OF ACKNOWLEDGMENT(For use by Corporation) COUNTY OF �ss. On this day of 111 ,A.D. 19_,before me personally appeared ,tome personally known,who,being by me duly sworn,did say that he is the of and that the seal affixed to said instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said acknowledged said instrument to be the free act and deed of said corporation. Witness my hand and seal this day of ,A.D. 19_. Notary Public. (SEAL) Address: My Commission expires .E y IY J. ea ov - y — U V o as o. 2 xi a.. ❑ c . N t E o V6. A v 0. F w - o 9 :a. V I u L., O Z u p a .e u O E C C II I , AI a TABER MCGINLEY P.O. Box 13336 Denver , Colorado 80201 November 20 , 1985 Weld County Clerk of Board P.O. Box 758 Greeley, Colorado 80632 Attention: Mr. Mike Kelley RE: Township 9 North; Range 66 West Sec . 24 : NW/4 Weld County, Colorado Gentlemen : I would like to assign 100% of my right, title and interest in the oil and gas lease I leased from Weld County covering the captioned lands and dated October 9 , 1985 . The assignee will be Robert E. Zimmerman, Jr. of P.O. Box 8753 , Denver, Colorado 80201 . Enclosed is an executed copy of the assignment from me to Zimmerman. If you approve of this assignment, please have the proper party execute one copy of this letter and return to the undersigned. Thank you for your consideration. Truly yours, Taber McGinley TM Approved this 2nd day of December , 1985 . Tit e : ` h=uman ATTEST: BY•_ C 77T�11 �O/ me.ut_y County C e� 277--?,7- ---72 7 Amy e Form 3800 Feb 1982 - ! . ! = tee / fd ! 'OM On a Rb % - \ "=-' .c9- D < S 2 ' ; \ / \/ \ \ ° it frs \ 7 33 \ C \ � \ � 0 \ �2 / - ^ ;/ ( z t•a CB / 8 %\\ \` 0 \ .$a a -n c„, - \\ } 7 ® / ( _._�.me_'Dr 4/-6e.2/Re? . __ _tM i_anal� ` s J>COX9 \/ DD ` ;`�� K® / \f # # I! \, 222 ° x\2.12/ $ E ! )& a f = o = 7 1li! U !!• _ 2 . ! I d ' 3 *} { < wa ! J= o- � ( f e : ! ! � � �og ^ � o G � <� z\ }. \ M i a » . 2l� \ \ | \\/ 2 ^ \� `/� f \ 2f { ~ ` \ . \ > ( i/j R. i E ( : f! � ; < \ . . . !\,I : \ � . k ^ / � \ � _ / 8. tit ai /« RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF LA SALLE AND WELD COUNTY FOR CONSERVATION TRUST FUND EXPENDITURES 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, on November 13, 1984 , the Board of County Commissioners adopted a policy concerning the use and allocation of Conservation Trust Funds, and WHEREAS , the Board has been presented with an Intergovernmental Agreement between the Town of La Salle and Weld County, Colorado, regarding Conservation Trust Fun° expenditures, and WHEREAS, after review, the Board deems it advisable to approve the Agreement to allocate $10 ,000 to the Town of La Salle, a copy of said Agreement being attached hereto and incorporated herein by reference, and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Intergovernmental Agreement between the Town of La Salle and Weld County, regarding Conservation Trust Fund expenditures, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Intergovernmental Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985 . 'L •\ BOARD OF COUNTY COMMISSIONERS ATTEST: ' ' av iS Q' ,(v cA 1 WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board J ine J h son, Chairman A / (� ( Gene R. Bran ner, Pro-Tem D puty County Cl rk EXCUSED APPROVED AS TO FORM: C.W. Ki • hrney Yamag i I RESOLUTION G-1985 INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF LASALLE AND WELD COUNTY FOR CONSERVATION TRUST FUND EXPENDITURES THIS AGREEMENT, entered into this 4TH day of DECEM kR , 1985 , between the Town of LaSalle and the County of Weld is for the purpose of allocating certain funds from the Conservation Trust Fund to the Town of LaSalle. 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, §29-21-101 , CRS, provides that in the utilization of monies received, pursuant to §29-21-101 , CRS, each eligible entity may cooperate or contract with any other government or political subdivision, and WHEREAS, the funds from the Conservation Trust Fund must be expended only for the acquisition, development, and maintenance of new conservation sites or for capital improvements or maintenance for recreational purposes on any public site, and WHEREAS, Weld County must report the use of all lottery funds and certify that the funds were properly used in accordance with State statute, and WHEREAS, the Board of County Commissioners desires to give the Town of LaSalle the allocated amount of the lottery funds ($10 ,000.00) , providing that they comply with all the conditions of the State law, enter into an agreement indicating that they have complied and indicating the use of the funds for reporting purposes, and WHEREAS, following the submission of an application by the Town of LaSalle for assistance in the project known as community center development in the Town of LaSalle, Weld County, has extended to the Town of LaSalle, a grant from the Conservation Trust Fund in the amount of $10 ,000 .00 . IT IS AGREED THAT: 1 . The Town of LaSalle will obtain at least three (3) bids on all project costs and accapt the low bid unless authorized by Board of County Commissioners ' resolution to do otherwise. 2 . Following completion of the project, the Town of LaSalle must report to Weld County its acceptance of the project from its contractor or supplier. 3. Such report shall include an accounting of actual expenses for the project and a request for reimbursement of a specific dollar amount. 4 . Upon receipt of this report and request for reimbursement, the County shall determine the amount of reimbursement and will make a single payment to the Town of LaSalle. 5 . Weld County shall reimburse the Town of LaSalle during the calendar year 1986 . It is therefore understood and agreed that the project should be completed and the request for reimbursement forwarded no later than December 1 , 1986 . 6 . This allocation agreement shall become effective upon approval and signature by authorized representatives of the Town . of LaSalle and Weld County. ATEST: �� Town 9'f LaSalle, Clerk Mayor, Town o LaSal e_BRUCE C KAMADA y • BOARD OF COUNTY COMMISSIONERS ATTEST �Q.� 'j WELD COUNTY, COLORADO Weld County Clerk and Recorder By. and Clerk to the Bo d Cn: irm By:-2 4'774—mt« i Cfa Deputy County C rk i RESOLUTION RE: CONVEYANCE OF IMPROVEMENTS TO TAMARA L. AND ROBERT E. SORENSEN 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 has accepted the bid of Five Hundred Dollars ($500 .00) by Robert E. and Tamara L. Sorensen for the improvements upon the Great Western Railroad right-of-way, Southeast Quarter, Section 7 , Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado, which property was conveyed to Weld County by the Weld County Treasurer by Tax Deed on August 30 , 1985 , and WHEREAS , an agreement for the sale and purchase of said improvements was signed by the Sorensens on November 12 , 1985 , a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Weld, that the Board ' s Pro-Tem is hereby authorized to sign said agreement. BE IT FURTHER RESOLVED by said Board that the Chairman is hereby authorized to sign a Quit Claim Deed, with no convenants of warranty, pursuant to §39-11-143 (5) , CRS, which shall convey said improvements to the Sorensens. The above and foregoing Resolution was, upon motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: J ( ,,�j,4w.4.7- c, WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board J. „u\ ine � o nson, C airman c--E-A-g-2CL4-1 hie By:-� Lr114-i1u z�Dfputy Countyrk Gene R. Brantner, Pro-Tem APPRO AS TO FO EXCUSED C. W. ��County� Attorney • d r ;yr� y B,. F • a a c AGREEMENT FOR SALE AND PURCHASE OF IMPROVEMENTS THIS AGREEMENT, made at Greeley, Colorado, this day of , 1985 , between ROBERT E. & TAMARA L. SORENSEN • hereinafter "Purchaser, " and County of Weld, State of Colorado, by and through the Board of County Commissioners of the County of Weld, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter "Seller. " WITNESSETH: That in consideration of the payment by the Purchaser to the Seller of the sum of FIVE-HUNDRED DOLLARS AND NO/ 100 ($ soo . 00 ) , and other good and valuable consideration, Seller agrees to sell to the Purchaser and the Purchaser agrees to purchase from Seller only the improvements upon the following real property: The Great Western Railroad right-of-way, • Southeast Quarter, Section 7 , Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado, which property was conveyed to Seller by the Weld County Treasurer by tax deed under §39-11-142 , CRS, on August 30 , 1985. Said improvements are hereinafter referred to as the "Improvements" according to the terms and conditions set forth herein. The agreement of sale and purchase of Improvements is subject to the following conditions: 1 . Seller shall furnish to Purchaser a quit claim deed, with no covenants of warranty, pursuant to §39-11-143 (5) , CRS, which shall convey the Improvements. Any title insurance desired by Purchaser shall be provided by Purchaser. Page 1 of 3 Pages 2 . The date of closing shall be the date of delivery of deed as agreed upon by both parties. 3 . Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as herein provided, there shall be the following remedies: a. IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper, or (2) Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages, or both. b. IF PURCHASER IS IN DEFAULT, (1) Seller may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper, or (2) Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to an action for specific performance or damages, or both. c. Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract, the court may award to the prevailing party all reasonable costs and expenses, including attcrneys ' fees. 4 . Possession of the Improvements shall be delivered to Purchaser upon closing. 5 . In the event the Improvements are substantially damaged by flood or other casualty between the date of this Agreement and the date of delivery of the deed, Purchaser nay elect to terminate this Agreement; in which case, all payments and other things of value received hereunder shall be returned to Purchaser. Page 2 of 3 Pages 6 . If this proposal is accepted by Purchaser in writing and Seller receives notice of such acceptance on or before , this instrument shall become a contract between Seller and Purchaser and shall inure to the benefit of the heirs, successors, and assigns of such parties. IN WITNESS HEREOF, the parties hereto have subscribed their names this day of , 1985 . ATTEST• ti /':t BOARD OF COUNTY COMMISSIONERS L1 WELDTY, COLORADO Weld County Clerk & Recorder and Clerk to the B _ BY: K) 6101S- Chairman protem 0774.�yc-c nJ A.) • eputy County C rk (The following section to be completed by Purchaser. ) Purchaser accepts the above propos 1 this i2- day of O/ , 1985 . a/tYt - SCAM() SUBSCRIBED AND SWORN to before me this /,1#e day of , 1985. WITNESS my hand and official seal. • Nory Pu li My commission expires: /o-2s-Pa • Page 3 of 3 Pages Recorded at o clock M., Reception No Recorder. - I THIS DEED, Made this 4th day of December ,1985, between Weld County, Colorado, by and through the Board of County Commissioners of ; Weld County, Colorado, a body corporate and politic, 915 10th St. , Greeley, CO of the County of Weld and state of Colorado,of the first part,and Robert E. Sorensen and Tamara L. Sorensen, • li n whose legal address is 28311 Weld County Road 15, Windsor, Colorado 80550 ▪ O oar of the County of Weld and state of '-a▪ 0 Colorado,of the second part, WITNESSETH,That the said party of the first part,for and in consideration of the sum of FIVE HUNDRED AND NO/100 DOLLARS, !' O el to the said party of the first part in hand paid by the said parties of the second part,the receipt whereof is hereby confessed and acknowledged, ha remised, released, sold, conveyed and QUIT CLAIMED, and by these C> O.: presents do es remise,release,sell,convey and QUIT CLAIM unto the said parties of the second part,their heirs, v} W ❑ successors and assigns,forever,all the right,title,interest,claim and demand which the said party of the first part O ha S in and to the following described lot or parcel of land situate,lying and being in the County U of Weld and State of Colorado,to wit: The improvements upon the Great Western N x Railroad right—of—way, Southeast Quarter, Section 7, Township 5 North, Range 67 N West of the 6th P.M. , Weld County, Colorado, which property was conveyed to the party of the first part by the Weld County Treasurer by tax deed on August 30, • >G 1985. to ..7 co U to Z o � E ,-r rn a W Z o Grl W M Z Z N Rt O � I U a ! a v v m rn yxodtmuo slvakamoconaxb®r O O • rr O PO Gtr TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto ; belonging or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the • • said part y of the first part,either in law or equity,to the only proper use,benefit and behoof of the said parties of '.. the second part,theiteirs and assigns forever. IN WITNESS WHEREOF,The said party of the first part ha S hereunto set its hand and seal the day and year first above written. WELD COUNTY, COLORADO, BY AND THROUGH , THE BOARD OF COUNTY conts- [SEAL] st)gxadclSx�I x@ � STONERS OF W2LD COUNTY, COLORADO ATTEST: U,� [SEAL] ; Weld County erk and Recnrder ant] Clerk to_the Board B s'yw • (SEAL] - u Jtcqu tine o'nson, chairman B [SEAL] STATE OF COLORADO, as. County of The foregoing instrument was acknowledged before me this day of 19 ,by` My commission expires ,19 .Witness my hand and official seal. • • Notary Pub5e. • ii PURPORTED COPY No.933.QUITCLAIM DEED.—Brad ford Publishing Co.,1823d6 Stout Street.Denver.Colorado(673-6011)-9177 I ' PS Form 3800, Feb.1982 * U-S.G-P-O-19&aa46-014 0 O d m o N o l O1 y l N 3 D •� 03 r w I ' I co co N Cjo o O -o O Pr w D o. d m a O I o t CP a C'r T 'D al • O 0 a= a� �a 'R� �a ~ v o a Iaa v-- 9 1 `- v N 71 o _n- _n O "!1 m °m m- l o f o cr " o O r 0o I m� o hi a -G m t N .-EE m I o ' 1L , w O> 9 J h 0 t ^m Ica O a r I 1 1d1303U NUf113U JI153WOO /2/11 Lr Jts,plts cat,_ vtit W £881 AImf'LL8E;WC C° 4 X m X .• J O A $�' N �7 9 y r 6.!c° Fs:;`, m; � c� 1o) - '1::/-) , _m - NQ 0 u) y I�d mt'�m D ❑ Is -_-m »< °9a\ o Z .,2 ` 3 o;m-% aa,r. m !¢j1. � n n 7 oP •'o ,•, °c a m m m (nil z3K i = £ 30 ' nd 1 •Oo. m2'+ n:.:7 e '�♦♦nI I SZ � ooill0a�Lt, n D D - i a `e -O c._ O C DI r!Ze 1\-%1 a la •• m3 � • a•m K. a O F '5a1 -it 3 �{ a o • £ y vI_l a 3 -8.'O -1 W r .Y `ofq \ V��1 t : t RoIn ga $ n� •w P CHANGE Distribution to: ORDER OWNER ❑ ARCHITECT ❑ A/A DOCUMENT G701 CONTRACTOR ❑ • FIELD 0 OTHER PROJECT: 1984 Renovation to: CHANGE ORDER NUMBER: Four (4) (name, address) Weld County Centennial Center Phase II-Law Enforcement Building INITIATION DATE: November 21 , 1985 TO (Contractor)Greeley, Colorado ARCHITECT'S PROJECT NO: 58014 Roche Constructors, Inc. CONTRACT FOR: General Construction Post Office Box 1727 Greeley, Colorado 80632 CONTRACT DATE: December 10, 1984 You are directed to make the following changes in this Contract: Add ramp off control room at second floor - $685.00 itemized estimate: Concrete work $407.00 Modify cabinets 61 .00 Masonry 75.00 Handrail 75.00 Painting 30.00 $648.00 ® 37.00 $685.00 *Please adjust previous contract amount $4.00, as shown below, to correct mathematical error on Change Order No. 3. Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) G1Qy,JSXe EXy7)GD(dhMIXCi )(was $ 657,924.00 Net change by previously authorized Change Orders $ 97.328.00 The (Contract Sum) ayy yHyt��ye`'nityiya�y�.14?'u(�h'1yt�.Wy�prior to this Change Order was $ 755,252.00 * The (Contract Sum) XXInaT6+.*+�tical(eXHIrAYa r will be (increased) ktexaoskakkklaYA by this Change Order $ 685.00 The new (Contract Sum) (CX�YufAysXy)y(tjy(y(c�1(1y, y'�;(iX�C:j��t�(tyOyOyPA(including this Change Order will be . _ $ 755,937.00 • The Contract Time will be M:YrXitIll NrOVeYak i( (unchanged) by ( Days. The Date of Substantial Completion as of the date of this Change Order therefore is Authorized: Boer & Roberts Architects Roche Constructors, Inc. Weld County AfitffEBghth Street cfos!A T ice Box 1727 OWNER sox 758 Address Address Address • Greeley, Colorado 80631 Greeley, /Colorado 80632 Greeley, Colorado 80632 BY BY ./(41-4 DATE .. 11 —Z2 DATE (EhileS D E �- .,nAIASQCUMENT G701 - CHANGE ORDER • APRIL 1978 EDITION • AIAs-i • O 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS,'1735 NEW YORK AVE-, N.W.. WASHINGTON, D,C- 200067 G701 -1978 - `• Werjgcv_Torizeholow.fir---___ , 4 . ( 1, 1 -17ECCOK__gh14- L dir Gil u /S �_14i . ... . zi od- id =;=_-__2 -- - 12liteat-•_ra- '' • _ . - 2 ---7.4 4 L III II: i 1 I IN y j a rr rt&FaLnce. . L.. - ' -V all-iti- . AR2U347.30 EMERGENCY ORDINANCE NO. 82-E IN TEE MATTER OF REPEALING ORDINANCE NO. 82-D AND RE-ENACTING ' O THE SETTING OF FEES FOR SERVICES PROVIDED BY THE WELD COUNTY HEALTH DEPARTMENT. ri O U BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD w COUNTY, COLORADO: o oa 'n m WHEREAS, the Board of County Commissioners of Weld County, oColorado has authority unde:c state statute and the Weld County U Home Rule Charter to establish certain fees for services N a provided by the various departments of Weld County Government, ro and WHEREAS, the Board of County Commissioners of Weld County CO U desires, through this Ordinance, to set fees and charges for services provided by the Weld County Health Department. z a NOW, THEREFORE, BE IT ORDAINED by the Board of County o a Commissioners of Weld County, Colorado, that Ordinance No. 82-D M w is hereby repealed and that the fee schedule set forth in v w Exhibits "A" through "C" , copies of w`,_ch are attached hereto M z and incorporated herein by reference, shall be the fees charged Co,, < by the Weld County Health Department for the described services. U BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado, that this Ordinance shall supersede rni- all prior Ordinances and Resolutions concerning fees for the r- e, services enumerated in this Ordinance. w BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado, that an emergency exists in that the effective date of said fee schedule shall be January 1 , 1986 , and such fees shall remain in full force and effect until this Board ordains to change such fees and, therefore, this Ordinance is declared to be an Emergency Ordinance under the provisions of Section 3-14 of the Weld County Home Rule Charter. Page 2 RE: ORDINANCE NO. 82-E The above and foregoing Ordinance No. 82-E was, on motion duly made and seconded, adopted by the following vote on the 4th 040 day of December, A.D. , 1985 . ca ` (2' ` -1— ' BOARD OF COUNTY COMMISSIONERS o W ATTEST: ` -��^ ' ` " ` r WELD COUNTY, COLORADO 03 (� \ O x weld County, C,Ierk and Recorder o, \-41\.cM� `� A and 9terk to the Board , tS4 -Tern line h son, Chairman o a BY ""`' �[;� ene R. Br1� t1t S.�vL' ' ,.p D@Duty__ Cotikty Clerk O� EXCUSED a APPROVED AS TO FORM: C.W. Kir Ln 0o v\ D j6j G rdo La• N F County Attorney / l a r a a u i or M W Z z N Read and Approved: December 4 , 1985 >, Published: December 12, 1985 , in the Johnstown Breeze um ct a Effective: January 1 , 1986 c in en t-- co 4.• EXHIBIT "A" NURSING CLINICS FEE SCHEDULE - 1986 ADJUSTED TOTAL GROSS INCOME AND FAMILY SIZE CODES Annual Monthly Weekly Number in Family Income Income Income 1 2 3 4 5 6 7 8 Below $5,250 Below $437 Below $100 1 1 1 1 1 1 1 1 $5,250-$7,049 $437-$586 $100-$134 2 1 1 1 1 1 1 1 •Lzto $7,050-$7,875 $587-$656 $135-$151 2 2 1 1 1 1 1 1 o $7,876-$10,575 $657-$881 $152-$203 3 2 2 1 1 1 1 1 Mo $10,576-$12,449 $882-$1,037 $204-$238 4 3 2 2 1 1 1 1 w $12,450-$13,275 $1,037-$1,106 $239-$255 4 3 2 2 2 1 1 1 I:4 $13,276-$14,250 $1,106-$1,187 $255-$274 4 3 3 2 2 1 1 1 ao $14,251-$15,975 $1,187-$1,331 $274-$307 4 4 3 2 2 2 1 1 0 N z $15,976-$17,049 $1,3.32-$1,420 $308-$327 4 4 3 3 2 2 2 1 N $17,050-$17,700 $1,420-$1,475 $327-$340 4 4 3 3 2 2 2 2 $17,701-$18,675 $1,475-$1,556 $340-$359 4 4 4 3 2 2 2 -2 truw CO v $18,676-$21,375 $1,557-$1,781 $360-$411 4 4 4 3 3 2 2 2 Linz Q W $21,376—$24,900 $1,782—$2,075 $412—$478 4 4 4 4 3 3 2 2 N E as $24,901-$28,500 $2,075-$2,375 $478-$548 4 4 4 4 4 3 3 2 ow ✓ w $28,501-$32,100 $2,375-$2,675 $548-$617 4 4 4 4 4 4 3 3 $32,101-$34,100 $2,675-$2,841 $617-$655 4 4 4 4 4 4 4 3 co • < over $34,100 over 2,841 over$655 4 4 4 4 4 4 4 4 0 va a s Use codes 1 to 4 with Sliding Fee Scale prices to determine amount patients Lc pay for services and supplies. • rnr- t-4o CODES: 1 - Below 100% poverty as defined by 1985. guidelines. as w 2 - Between 101% and 150% poverty as defined by 1985 guidelines. 3 - Between 151% and 200% poverty as defined by 1935 guidelines. 4 - Above 200% poverty as defined by 1985 guidelines. FP/GYN Use 1-4 CHC. ...Use 1-4 MAT Use 1-4 WOC....Use 1-4 V. D Use 1-4 Revised 6/85 2 ■ GUIDELINES FOR DETERMINING FEES To use the Adjusted Gross Income and family size codes you must first determine the family income either annually, monthly, or weekly and find where their income falls under the appropriate column. ANNUAL INCOME MONTHLY INCOME WEEKLY INCOME Below $5,250 Below $437 Below $100 d O $5,250-$7,049 $437-$586 $100-$134 T-+ U CD $7,050-$7,875 $587-$656 $135-$151 a 0 $7,876-$10,575 $657-$881 $152-$203 o $10,576-$12,449 $882-$1,037 $204-$238 o w o $12,450-$13,275 $1,037-$1,106 $239-$255 o w 0 $13,276-$14,250 $1,106-$1,187 $255-$274 0 $14,251-$15,975 $1,187-$1,331 $274,$307 4 41 `N” a $15,976-$17,049 $1,322-$1,420 $308-$327 c tx $17,050-$17,700 $1,420-$1,475 $327-$340 $17,701-$18,675 $1,475-$1,556 $340-$359 coo o H $18,676-$21,375 $1,557-$1,781 $360-$411 ---.w $21,376-$24,900 $1,782-$2,075 $412-$478 o w $24,901-$28,500 $2,075-$2,375 $478-$548 r- w M z $28,501-$32,100 $2,375-$2,675 $548-$617 o z $32,101-$34,100 $2,675-$2,841 $617-$655 • z over $34,100 over $2,841 over $655 w o• r- After you have determined the income you need to determine the number in the '-' o family under the "Number in Family" column. mC=4 Number in Family 1 2 3 4 5 6 7 8 You then need to follow the number in family column until you meet their income and the number of 1 through 8 is the sliding fee scale code number for each patient. See example on next page. 3 NURSING CLINICS Adjusted Total Gross Income And Family Size Codes NUMBER IN FAMILY ANNUAL INCOME MONTHLY INCOME WEEKLY INCOME 1 2 3 4 5 6 7 8 1 Below $5,250 Below $437 Below $100 1 1 1 1 1 1 1 1 $5,250-$7,049 $437-$586 $100-$134 2 1 1 1 1 1 1 1 $7,050-$7,875 $587-$656 $135-$151 2 2 1 1 1 1 1 1 $7,876-$10,575 ' $657-$881 $152-$203 3 2 2 1 1 ' 1 1 1 0 4 �.,.- --- .�icro $10,576-$12,449 $882-$1,037 $204-$238 4 3 2 2 1 1 1 1 ' C.) $12,450-$13,275 $1,037-$1,106 $239-$255 4 3 2 2 2 1 1 1 • o w $13,276-$14,250 $1,106-$1,187 $255-$274 4 3 3 2 2 1 1 1 o � o x $14,251-$15,975 $1,187-$1,331 $274-$307 4 4 3 2 2 2 1 1 tow • o $15,976-$17,049 $1,331-$1,420 $308-$327 4 4 3 3 2 2 2 1 w $17,050-$17,700 $1,420-$1,475 $327-$340 4 4 3 3 2 2 2 2 N N $17,701-$18,675 $1,475-$1,556 $340-$359 4 4 4 3 2 2 2 2 1 al a $18,676-$21,375 $1,557-$1,781 $360-$411 4 4 4 3 3 2 2 2 w Ln i.4 mu $21,376-$24,900 $1,782-$2,075 $412-$478 4 4 4 4 3 3 2 2 "' z $24,901-$28,500 $2,075-$2,375 $478-$548 4 4 4 4 4 3 3 2 O w ., w a $28,501-$32,100 $2,375-$2,675 $548-$617 4 4 4 4 4 4 3 3 w $32,101-$34,100 $2,675-$2,841 $617-$655 4 4 4 4 4 4 4 3 o mw w over $34,100 over $2,841 over $655 4 4 4 4 4 4 4 4 O 2 Table continues with more income levels. 1 N Qi a An example would be a family making $683.00 a month with 5 family members. This family would be a Code one, which means: aw c m o r Use codes 1 to 4 with Sliding Fee Scale prices to determine amount patients pay for 'i o services and supplies. w w CODES: 1 - Below 100% as defined by 1985 guidelines. 2 - Betweem 101% and 150% poverty as defined by 1985 guidelines. 3 - Between 151% and 200% poverty as defined by1985 guidelines 4 - Above 200% poverty as defined by 1985 guidelines. FP/GYN Use 1 - 4 CHC... .Use 1 - 4 MAT Use 1 - 4 WOC.. ..Use 1 - 4 V.D Use 1 - 4 Example Page Revised 6/85 4 FAMILY PLANNING PROGRAM PATIENT CHARGES SLIDING FEE SCALE ITEM CODE CODE CODE CODE Y 1 2 3 4 (0-100%) (101-150%) (151-200%) (200%+) VISITS Initial medical -0- 20.00 40.00 60.00 o Annual medical -0- 15.00 25.00 35.00 Diaphragm fitting -0- 10.00 20.00 30.00 0 (initial , w/teaching-supplies) 1O O IUD insertion-supplies -0- 15.00 25.00 35.00 o IUD removal -0- 5.00 10.00 15.00 as Medical revisit -0- 5.00 15.00 20.00 c a (when there is a problem) o• Contraceptive revisit -0- 5.00 10.00 15.00 a w Repeat Pap smear -0- 5.00 10.00 15.00 a Brief visit -0- 3.00 7.00 11.00 o Pregnancy test only -0- 2.00 5.00 7.00 w Rubella titer -0- 2.00 3.00 5.00 CV N a (drawn and sent) •• .a Counseling: 0-15 minutes -0- 5.00 11.00 17.00 crl X 16-30 minutes -0- 10.00 22.00 34.00 a 31-45 minutes -0- 15.00 33.00 51.00 in a 46-60 minutes -0- 20.00 44.00 68.00 03 Q CD H GC cultures -0- 1.00 3.00 5.00 A ---- w cNi m CONTRACEPTIVES a o a Condoms-each -0- .15 .20 .25 r, w Diaphragms -0- 6.00 7.00 8.00 .; z Jelly/Cream -0- 3.00 3.50 4.00 o a Applicators -0- .30 .40 .50 cq o Foam -0- 1.50 2.50 3.50 v a Encare Ovals -0- 1.50 2.50 3.50 a IUD's (see above) -0- 15.00 25.00 35.00 Oral Contraceptives-cycle -0- 4.00 5.00 6.00 CON N o p SUPPLIES PQ w Ampicillin, each 500mg -0- .10 .15 .20 Sulfa Cream -0- 3.00 4.00 5.00 Benemid, each -0- .10 .15 .20 Flagly, each -0- .30 .40 .50 Koro-sulf -0- 2.00 3.00 4.00 Kwell Shampoo -0- 2.00 3.00 4.00 Monistat -0- 5.50 6.50 7.50 Mycostatin -0- 2.00 3.00 4.00 Podophyllum -0- 1.00 2.00 3.00 Tetracycline, each 250mg -0- .03 .05 .10 5 r WELL OLDSTER CLINIC £ PATIENT CHARGES k✓ SLIDING PEI: SCALE Household Size Codes Item 1 2 3 4 Visits: Physical Exam 1.00 1.00 1.00 1.00 N• o Routine with Leh tests 2.00 2.00 2.00 2.00 0 Repeat 1.00 1.00 1.00 1.00 C a O Services: o cirw Pap 5.00 5.00 5.00 5.00 a Hearing 1.00 1.00 1.00 1.00 o Flu shots 2.00 2.00 2.00 2.00 v I NR's N .. at3 .-a 4 � a co C.) nZ m CHILD HEALTH CONFERENCE E PATIENT CHARGES SLIDING PF.h SCALE o o ' n w Household Size CMG v Item 1 2 3 4 M Z O :. N < Visits: O N w Physical Exam 0 5.00 7.50 10.00 Repeat visit 0 2.00 3.00 4.00 c o o, m oc- Services/Tests: O CO w Hearing 0 2.50 5.00 7.50 Injections 0 1.00 1.00 1.00 9/84 6 VENEREAL DISEASE PATIENT CHARGES • SLIDING FEE SCALE ITEM HOUSEHOLD SIZE CODES 1 2 3 4 VISITS: c o Initial Exam (Including tests) 0 5.00 7.50 10.00 0 Repeat Exam 0 2.00 3.00 4.00 • o G.C. 0 1.00 3.00 5.00 Wet prep/whiff/gram 0 1.00 3.00 5.00 stain oz Syphillis Serology 0 1.00 3.00 5.00 oa G&W SUPPLIES: a o V Sulfa Cream 0 3.00 4.00 5.00 tNw Monistat 0 5.50 6.50 7.50 N Kwell 0 2.00 3.00 4.00 Flagyl ea. 0 .30 .40 .50 Podophyllum 0 1.00 2.00 3.00 Ina coo o H MATERNITY ••••••4 h PATIENT CHARGES a SLIDING FEE SCALE w oa M r- w PAYMENT SCALE Mz oN Code 1-- No Charge 0 w a Code 2-- $150.00 vCO Code 3-- $300.00 o CO or.-. Ho Code 4-- $450.00 CP w The client will be charged in installments according to the number of visits she is expected to have. 7 MATERNITY PAYMENT SCHEDULE CODE CODE C0C C0Gt ITEM 2 3 4 -- Client starting care 4-14 weeks gestation: Ten payments of 515.00 S30.00 $45.00 Clients starting care 15-20 weeks gestation: Eight payments of -0- $18.75 S37.50 $55.25 vo Clients starting care 21-28 weeks rn o gestation: Six payments of -C- $25.00 $50.00 $75.00 U Clients starting care 29-34 weeks w gestation: Four paymerts of -0- $37 . 50 $75.00 $112.50 o � W Clients starting care 35-40 weeks o gestation: Two payments of -0- $75.00 $1.50.00 S225.00 cc Code i clients are not charged. W Na CV * Discount for early prenatal care - client is not charged for last installment. .. c cw to )4 co U 2 or W N E W CA cz W Z N KC U M Wes^ vcr ON CO oN- I-) O W W • WALK-IN-CLINIC PATIENT CHARGES SET FEE SCALE ITEM Fee o U Immunization $1.00 0 o Blood Pressure Check $1.00 a Travel Injections $7.50 0 0 o x Flu Immunizations $2.00 W oHead Lice Check $1.00 v N a PPD $1.00 N ta V' x M �n a CO V Z NHIM NO CHARGE CLINICS o m n M z N a Neurology 4 ci w Orthodontia x Genetics M al co o o T.B. o7 G. 9 Eh13ZBIT "B" WELD COUNTY HEALTH DEPARTMENT HEALTH PROTECTION SERVICES •zr0 o U ADMINISTRATION OF INDIVIDUAL. SEWAGE DISPOSAL SYSTEM REGULATIONS riO r' U SERVICE FEE a o m Individual Sewage Disposal System Permit $150.00 O 3 o a Individual Sewage Disposal Repair/Alteration Permit 35.00 w a Holding Tank/Vault Permit 35.00 v cv a Systems Contractor License 50.00 c Renewal of Systems Contractor License (Annually) 25.00 ti g Systems Cleaners License 50.00 m U N z Renewal of System Cleaners License (Annually) 25.00 N Site Evaluation 75.00 � w Loan Approval Inspection without Water Sample 40.00 a a M r- Loan Approval Inspection with Water Sample 50.00 mz oz N :Q ADMINISTRATION OF BOARD AND CARE HOME LICENSES C.) CC FEE ▪ go- a, m A. 1-3 Persons $ 25.00 • ✓i W B. 4-6 Persons 50.00 criC. 7-9 Persons 75.00 D. 10-12 Persons 100.00 E. More than 12 Persons . . . 150.00 ENVIRONMENTAL HEALTH SPECIALIST FIELD TIME . . . $28.50/hour —1— EXHIBIT "C" a. ADMINISTRATION OF LABORATORY FEES vO N Laboratory Medical Sample Fee N 0 H Gonorrhea Culture $ 3.20 a Gonorrhea Smear 3.90 o Syphilis Serology 1.55 o x Syphilis Darkfield 39. 10 w Trichomonas/Clue Cell 7.80 a Blood Group 1.80 O Colorectal Screen 2.20 ro a Urine Culture 7.70 Blood Glucose 4.40 •• 'a Fecal Culture 111.65 r-fx Streptococcal 1.10 Miscellaneous Screen 33.00 co u� a U Food z o H w Swab Rinse 4.00 r v Hamburger Test 20. 10 Suspect Food 30.25 o D r w Water (Potable) Cr) o z Bacteria 5.15 U a Laboratory Chemistry Sample w Waste v"n Detergents 23.30 a, w o r- Oil & Grease (Chem) 24.45 " Suspended Solids 8.75 u' Settleable Solids 3.20 BOD 8.35 Chlorine 4.40 Temperature .65 Nitrite 14.95 Potassium 3.70 Ionic Balance 1.15 Oil & Grease (Visual) 3.60 GC Samples Natural Gas 29.60 Benzene Series 38.80 —2— t Water Quality Chemical Assessment FEE 'e O o v Step 1 N p TDS $ 9. 10 9-1 v Ph 5.50 Nitrate 4.85 o m Fluoride 5.60 Oil & Grease (Visual) 3.60 • W $ 28.75 0 Step 2 O W Total Hardness 3.95 N CC Calcium 5.60 Chloride 5.60 ✓ Sodium 3.70 a Iron 9.50 a Turbidity 1.00 co u $ 29.45 z cy ri Step 3 N E Magnesium .75 rt Sulfate 11.45 m Total ALK 3.95 m a Specific Conductance 3.95 a Manganese 9.50 c''l z Copper 3.70 No < Zinc 3.70 Potassium 3.70 C..> a Ionic Balance 1. 15 x Lead 4.45 ▪ k9 Mercury 3.70 on co Ammonia 4.35 • o $ 54.45 Waste Water Sample Turbidity 1.00 Phen. Alkalinity 3.95 Manganese 9.50 Detergent 23.30 Oil & Grease (Chemical\ 24.45 Suspended Solids 8.75 BOD 8.35 Chlorine 4.40 Temperature .65 Nitrite 14.95 COD 10.15 $109.50 -3- Sr Energy Impact Sample FEE Flouride $ 5.60 Lead 4.45 Nitrate 4.85 d. p Potassium 3.70 c v Total Hardness 3.95 Calcium 5.60 .-i o Magnesium .80 Q Sodium 3.70 a Chloride 5 o Sulfate 11.45 o Total Alkalinity 3.95 in-r7.4 Total Dissolved Solids 9. 10 0 Specific Conductance 4.00 U Iron 9.50 N w Copper 3.70 CC N Zinc 3.70 — o Ammonia 4.35 .--I x PH 5.50 wIonic Balance . 1. 15 co U $ 94.80 o r-i Municipal Contract '-w cm .-+ m Turbidity 1.00 w Arsenic 5.80 too m w Barium 5.80 t-- w Cadmium 5.80 M y Chromium 5.80 o Z Flouride 5.60 o Lead 4.45 aU Mercury 3.70 W Nitrate 4.85 x Selenium 5.80 al W Silver 5.80 or- .-4 o $ 59.35 J cO 44 Pollution Investigation — Bacterial Fecal Coliform 14.75 Fecal Streptococci 14.75 Confirmation Culture 8. 15 $ 37.65 Pollution/Dumping Compliance Sample Full Series Analysis 108.20 -4- Sall-MONTHLY PAYROLL HANDWRITE APPROVAL FORM WARRANT WARRANT NUMBER PAYEE AMOUNT -rhesa 3 12011 JUANITA GUTIERREZ 149.46 C he c4` S nned on (you 12012 SHIRLDENE BETTELYOUN 120.66 2 71 kg" 12013 MARTHA RODRIGUEZ 102.76 ---- J NUMBER OF WARRANTS 3 TOTAL 372.88 THE AMOUNT OF THESE HANDWRITES WILL BE INCLUDED IN THE SEMI-MONTHLY PAYROLL TOTAL ON 72/04 19 85 WELD COUNTY, COLORADO PAGE 1 GENERAL FUND CLAIMS V.O. WARRANT NO. P.O. NO. VENDOR AMOUNT 901979 46014 SNYDER, LILLIAN L. $1,050.66 TOTAL 31,050.66 • STATE CF COLORADO ) COUNTY OF WELD ; ss This is to certify that all accounting and budgeting procedures have been completed en the above listed claims as shown on Paces 1 through - and dated DECEMBER 2 , 19 85 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 1,050.66 DATED THIS 2nd DAY CF DECEMBER , 19 85 WELD T OFFICE: . . SL'5SCRIBED AND SWORN TO BEFORE ME THIS 2nd DAY CF DECEMBER t985 MY COMMISSION EXPIRES: MYCor:imisson x:::a- c c E "3 - ' £RYPUBIC - STATE OF COLORADO ) . COUNTY CF WELD ) ss We, the Board of County Commissioners of Yield 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 $ 1,050.66 _ Qrr�� Ch -r e u on ��le _ ATT;ST: nn •+e. , er County Clark & Recorder —yam Menper cy lJYyt-4,c —c p . � CCry4 /-/' - 2 Deputy N.rn WELD COUNTY, COLORADO PAGE 1. PAYROLL FUND CLAIMS V.O. WARRANT NO. P.O. NO. VENDOR AMOUNT 12035 45675 IB t ITFD BANK OF GREELEY 143,055:62 • -- 12016 45677 UNITED BANK OF GREELEY 877.45 12017 45674 COLORADO STATE E?ARTmENT e€ REVENUE 41,469.91 12018 45676 PUBLIC RMP7 OYFFS SnrTAT. SRCTmTTY RFrTTnU . 175, 199 9R TOTAL 1360,532.96 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 DECEMBER 4.th , 19 85 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 360,532.96 . DATED THIS 4th DAY OF DECEMBER • , 19 •_ i WELD N.. F E ‘FF t SUBSCRIBED AND SWORN TO BEFORE ME THIS - . 4th DAY CF DECEMBER 19 85 . MY COMMISSION EXPIRES: My Commission Expires Jcr3 8. 1900"6 • ,• 1r0PU— AC — • STA.IE OF COLORADO ) COUNTY CF YIELD ) ss • We, the Board of County Commissioners of Veld 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 $360,532.96 . IL„ C , r rson Y"1/4/re--- .: _ . : ATTEST: Member County C $k & Recorder/27- \ Member er • • . _FJ y \ Member MeMr5ctrr— WELD COUNTY, COLORADO PAGE 1 PAYROLL FUND CLAIMS V.Q. WARRANT NO. P.O. NO. VENDOR AMOUNT WANG CHECKS (181 cks • 27,472.27 • TOTAL t 27.4]2.27 • STATE OF COLORADO ) COUNTY OF WELD 55 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 DECEMBER 4th 19 85 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $27,472,27 DATED THIS 4th DAY OF DECEMBER , 19 / WELD CON AFe -4�i - SUBSCRIBED AND SWORN TO BEFORE Mc THIS 4th DAY OF DECEMBER 1985 . MY COMMISSION EXPIRES: My Cemmssion Exp res i r..e 6, ^.gig ` tiOTARY U01 '• P 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 $ 27,472.27 ATT=SST: Temper • County Cl rk & Recorder ,i1 Member • • guty member_ of I' r`i' Member�i DeY • WELD COUNTY, COLORADO PAGE 1 GENERAL. FUND CLAIMS V.O. WARRANT NO. P.O. NO. VENDOR !MOUNT 901980 002311 BEATRICE DAIRY PRODUCTS $541.01 TOTAL 5 541.01 • 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 DECEMBER 4 19 85 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 541 .01 DATED THIS 4th DAY OF DECEMBER ,,, 19 85 WELD CU: rF R SUBSCRIBED AND SWORN TO BEFORE ME THIS 4th DAY OF DECEMBER 1985 . MY COMMISSION EXPIRES: My Commission E es J , _ L. 1H5• NOTARY UB iC STATE OF COLORADO ) COUNTY OF VELD } ss • We, the Board of County Commissioners of Veld 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 $ 541 .01 C rp NCY-f\&e--- on ATIRL; ember County Cle & Recorder Member ' c- P;ember Y rfi .... a • s s o • - • # • •!:Jr :k • • yy eY. !jv Lfi iY 5.Y., } } 4 s£� p t.4; • Ji 3'. i i4: e. y id .ft r3" k • • yy tY 3M 5 p. 11. t�p 9y' t+K; IT Vey y' :y4T • 4 }:A t 4 ?y} 3# 4 t L j .j? yA 3 x t �4 I $�1w 3 • .45 $, } ter r!� tr 4 h 9l. .' IL: p u. , ✓'i A ;m N 34 t 91. 'M L. • b 5f f yL. X f.l 4 , tI a , ✓ r 55.... -- S i.r . 4. $.. .3Q +A _K . X Xd b . a p k' V:' 4: 1'. y d is f!'- AA 75 1 S { {t� i ^ 'x k Yp 7, r•.. - k _ 1 1 �i ' t g • Yi :f q °i r.t • N� t e- fX. Xf 5 t. 2 ;• Lf •pg {M • t t 9: a - 41 _ ye: i₹„Lk 'rggr: 7C; L "M ,ji y '4 _ 4 4,... 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Z • • 'T U Y L. • \\\j . • • • • • • • • • • • • • • • • • 0 • 0 0 0 • HEARING CERTIFICATION DOCKET NO. 85-84 RE: AMENDMENTS TO BUILDING CODE ORDINANCE - FIRST READING OF ORDINANCE #119-C A public hearing was conducted on December 2, 1985, at 9:00 A.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro-Tem Commissioner C.W. Kirby - Excused Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Tommie Antuna County Attorney, Thomas 0. David Director of Planning Services, Chuck Cunliffe The following business was transacted: I hereby certify that pursuant to a notice dated October 16, 1985, and duly published November 7, 14, 21 , and 28, 1985, in the Johnstown Breeze, a public hearing was conducted to consider certain amendments to the Building Code Ordinance and the first reading of Ordinance #119-C, In the Matter of an Amendment to Ordinance No. 119, Weld County Building Code Ordinance, Revising Certain Procedures, Terms, Requirements, and Incorporating by Reference Certain Portions of the Uniform Building Code, 1985 Edition: Uniform Mechanical Code, 1985 Edition; National Electrical Code, 1984 Edition; Uniform Plumbing Code, 1985 Edition; Uniform Code for the Abatement of Dangerous Buildings, 1985 Edition; the Uniform Swimming Pool Code, 1985 Edition; and Appendices to all Uniform Codes. Chuck Cunliffe, Director of Planning Services, explained the amendments to the Building Code Ordinance. Tom David, County Attorney, made this matter of record. Mr. Cunliffe read the favorable recommendation of the Planning Commission into the record. Mr. David then read Ordinance #119—C into the record. (TAPE CHANGE #85-103 during reading of the Ordinance.) Commissioner Lacy moved to approve Ordinance #119-C on first reading and direct the Clerk to the Board to have published. The motion was seconded by Commissioner Brantner and carried unanimously. This Certification was approved on the 4th day of December, 1985. APPROVED: ; _,_ . BOARD OF COUNTY COMMISSIONERS ATTEST: /1 (G (C•u•,1 f .-C,Cta& C WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board, J e ne Jo on, Chairman ` By 1.-G77_79z.co "Deputy County Clerk Gene R. Brantner, Pro-Tem EXCUSED C.W. Ki b C 3C F an 'Zama u i i TAPE #85-102 & #85-103 DOCKET #85-84 ORDINANCE #119-C RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 4, 1985 TAPE #85-I03 & #85-104 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, December 4, 1985, 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 Gene Brantner, Pro—Tem Commissioner C.W. Kirby — Excused Commissioner Gordon Lacy Commissioner Frank Yamaguchi Also present: Weld County Attorney, Thomas 0. David Acting Clerk to the Board, Tommie Antuna MINUTES: Commissioner Lacy moved to approve the minutes of the Board of County Commissioners meeting of November 27, 1985, as printed. Commissioner Brantner seconded the motion and it carried with Chairman Johnson abstaining because she was excused from that meeting. Commissioner Brantner moved to approve the minutes of the Board of County Commissioners meeting of December 2, 1985, as printed. Commissioner Lacy seconded the motion and it carried unanimously. CERTIFICATION OF HEARING: Commissioner Brantner moved to approve the Certification for the hearing conducted on December 2, 1985: 1) Amendments to Building Code Ordinance. Commissioner Lacy seconded the motion and it carried unanimously. ADDITIONS: Chairman Johnson added as Item #12 under New Business - Certification of Beebe Draw Special Election. CONSENT AGENDA: Commissioner Lacy moved to approve the consent . agenda as printed. Commissioner Brantner seconded the motion and it carried unanimously. DEPARTMENT HEADS AND ELECTED OFFICIALS: Stan Peek, District Attorney, was not present at this time, but did give a report later in the meeting. WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $78,509.57 Payroll 27,472.27 Social Services 895.00 Handwritten warrants for December 2, 1985: General fund 1,050.66 Handwritten warrants for December 4, 1985: General fund 541.01 Payroll 360,532.96 Commissioner Lacy moved to approve the warrants as presented by Mr. Warden. Commissioner Brantner seconded the motion which carried unanimously. BIDS: PRESENT OIL AND GAS LEASES (11 PARCELS) : Mr. Warden reviewed the policy of the Board concerning the bid procedure for oil and gas leases. Bette Rhoden, Purchasing Director, then opened the sealed bids and read them into the record. PARCEL NO. 1 There were no bids received for this 160 net mineral acre parcel located in the SWi of Section 31, Township 9 North, Range 60 West of the 6th P.M. PARCEL NO. 2 No bids were received on this 160 net mineral acre parcel located in the NW} of Section 34, Township 12 North, Range 61 West of the 6th P.M. PARCEL NO. 3 This lease for 319.98 net mineral acres located in the NWi; NiSW}; SW}SW} of Section 6, Township 8 North, Range 58 West of the 6th P.M. , Weld County, Colorado, received one bid from Rio Grande Exploration, 1030 N. Cedar, Colorado Springs, Colorado. The bonus amount offered was $17.00 per mineral acre, for a total of $5,439.66. Commissioner Brantner moved to accept the offer from Rio Grande Exploration for a total of $5,439.66. The motion was seconded by Commissioner Lacy and carried unanimously. PARCEL NO. 4 Parcel No. 4, located in the NEi of Section 7, Township 8 North, Range 58 West of the 6th P.M. , received one bid from Rio Grande Exploration in the amount of $2,560.00, which is $16.00 per acre. Commissioner Lacy moved to approve the bid from Rio Grande Exploration in the amount of $2,560.00. Seconded by Commissioner Brantner, the motion carried unanimously. PARCEL NO. 5 Rio Grande Exploration submitted the only bid on this 80 acre parcel located in the SiNW} of Section 8, Township 8 North, Range 58 West of the 6th P.M. Their bid, in the amount of $1,200.00, equals $15.00 per acre. Commissioner Lacy moved to accept the bid of Rio Grande Exploration on this parcel, in the amount of $1,200.00. Commissioner Brantner seconded the motion which carried unanimously. Minutes - December 4, 1985 Page 2 PARCEL NO. 6 Rio Grande Exploration submitted a bid of $3,000.00, or $15.00 per acre, on the 200 net mineral acres located in the NE}; NEkNWf of Section 12, Township 8 North, Range 58 West of the 6th P.M. Commissioner Lacy moved to approve the bid of $3,000.00 submitted by Rio Grande Exploration. The motion was seconded by Commissioner Brantner and carried unanimously. PARCEL NO. 7 The sole bidder on this 14.25 net mineral acre parcel was Rio Grande Exploration in the amount of $142.50, or $10.00 per acre. Commissioner Brantner moved to accept the bid of Rio Grande Exploration in the amount of $142.50. The motion, seconded by Commissioner Lacy, carried unanimously. PARCEL NO. 8 Rio Grande Exploration submitted the only hid on Parcel No, 8. This parcel, containing 40 net mineral acres, is the SEINE} of Section 13, Township 8 North, Range 59 West of the 6th P.M. Rio Grande's bid was for $17.00 per acre; a total of $680.00. Commissioner Lacy moved to approve the bid of Rio Grande Exploration in the amount of $680.00. Seconded by Commissioner Brantner, the motion carried unanimously. PARCEL NO. 9 Rio Grande Exploration was the only bidder on this 160 net mineral acres located in the SW} of Section 25, Township 9 North, Range 59 West of the 6th P.M. The bid submitted was in the amount of $10.00 per acre, for a total of $1,600.00. Commissioner Lacy moved to accept the bid from Rio Grande Exploration in the amount of $1,600.00. The motion was seconded by Commissioner Brantner and carried unanimously. PARCEL NO. 10 Rio Grande Exploration submitted the only bid on Parcel No. 10, which contains 159.99 net mineral acres located in the SE}; S}NE} (2/3 interest) of Section 34, Township 9 North, Range 59 West of the 6th P.M. The amount of the bid was for $1,599.90, a total of $10.00 per acre. Commissioner Brantner moved to approve the bid of $1,599.90 submitted by Rio Grande Exploration. Commissioner Lacy seconded the motion which carried unanimously. PARCEL NO. 11 This parcel, containing 53.33 net mineral acres and located in the WSW (2/3 interest) of Section 35, Township 9 North, Range 59 West of the 6th P.M. , received only one bid which was from Rio Grande Exploration in the amount of $533.30, which is $10.00 per acre. Commissioner Lacy moved to accept the bid from Rio Grande Exploration in the amount of $533.30. The motion, seconded by Commissioner Brantner, carried unanimously. APPROVE ONE-TON TRUCK W/STAKE BED - RD. & BRIDGE_ Ms. Rhoden read the names of the bidders and the amount bid by each into the record for this item, which had been presented on November 25, 1985. Dave Becker, representing the Road and Bridge Department, came forward to make a recommendation. Mr. Becker said his department recommends that the low bid of $11,066.25, submitted by Classic Chevrolet, of Greeley, be accepted. Commissioner Lacy moved to approve the low bid submitted by Minutes — December 4. 1985 Page 3 Classic Chevrolet, in the amount of $11,066.25. Commissioner Brantner seconded the motion which carried unanimously. APPROVE AUGER TO BE BUILT FOR ONE-TON TRUCK - RD. & BRIDGE: Ms. Rhoden said this item had been presented to the Board November 25, 1985. She then read the names of the bidders and the amount each bid into the record. Mr. Becker recommended that the Board accept the low bid of Heberlein Products, of Ault, in the amount of $6,474.00. Commissioner Lacy moved to accept the bid of Heberlein Products in the amount of $6,474.00. Commissioner Brantner seconded the motion and it carried unanimously. BUSINESS: NEW: CONSIDER RENEWAL REQUEST FOR CLUB LICENSE FROM CREELEY ELKS LODGE #809: There was no one present from the Sheriff's Office concerning this request. Commissioner Brantner moved to approve the renewal request from Greeley Elks Lodge #809 for a Club Liquor License, based upon the submitted information. Commissioner Lacy seconded the motion which carried unanimously. CONSIDER 1986 DANCE LICENSE FOR GREELEY ELKS LODGE #809: Commissioner Lacy moved to approve the 1986 Dance License for Greeley Elks Lodge #809. The motion was seconded by Commissioner Brantner and carried unanimously. CONSIDER AMENDMENTS TO FLEET MANAGEMENT & MAINTENANCE AGREEMENT WITH ARA AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden said there are two amendments to the original agreement. The first amendment adjusts the agreement to reflect the added vehicles and the second reflects a 4% adjustment in the salary amount of the contract. Commissioner Brantner moved to approve the amendments to the Fleet Management and Maintenance Agreement with ARA and authorize the Chairman to sign. Seconded by Commissioner Lacy, the motion carried unanimously. CONSIDER CHANGE ORDER #4 FOR ROCHE CONSTRUCTORS - PHASE II OF JAIL: Mr. Warden said this Change Order is in the amount of $685.00 for a ramp, which needs to be added for handicapped access, and also a $4.00 correction from the previous Change Order, making the total $689.00. Commissioner Brantner moved to approve Change Order 04 for Roche Constructors in the amount of $689.00. The motion, which was seconded by Commissioner Lacy, carried unanimously. CONSIDER RESOLUTION RE: INTERGOVERNMENTAL AGREEMENT WITH TOWN OF LA SALLE FOR CONSERVATION TRUST FUND EXPENDITURES AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden explained that the Board did grant the Town of La Salle the amount of $10,000 from lottery funds. This amount is to be used for improvements to the community center. Commissioner Lacy moved to approve this Resolution concerning the Intergovernmental Agreement with the Town of La Salle for Conservation Trust Fund Expenditures and authorize the Chairman to sign. Seconded by Commissioner Brantner, the motion carried unanimously. CONSIDER LEAP VENDOR AGREEMENTS AND AUTHORIZE CHAIRMAN TO SIGN: Jim Sheehan, Housing Authority Director, said there are 18 vendor agreements this year. He said the caseload last year was 3,538, but due to the early winter this year, the caseload is expected to be approximately 4,100. Following discussion, Commissioner Lacy moved to approve the LEAP Vendor Agreements and authorize the Chairman to sign. The motion, seconded by Commissioner Brantner, carried unanimously. CONSIDER RESOLUTION RE: CONVEYANCE OF IMPROVEMENTS TO TAMARA L. AND ROBERT E. SORENSEN: Mr. Warden said this document is needed Minutes - December 4, 1985 Page 4 • for the closing, which will take place today, concerning the property which was purchased by the Sorensens last week. Commissioner Brantner moved to approve the Resolution concerning the conveyance of improvements to Tamara L. and Robert E. Sorensen. The motion, which was seconded by Commissioner Lacy, carried unanimously. CONSIDER WELD-LARIMER AGREEMENT FOR REGIONAL SERVICES AND AUTHORIZE CHAIRMAN TO SIGN: Dr. Wooley, Health Department Director, explained that this is a yearly agreement. The amount for this year is $27,857.00. This money is used for reciprocal services between Weld and Larimer Counties. Dr. Wooley said 85% is used for environmental and laboratory services and 15% for health education. Commissioner Lacy moved to approve the Weld—Larimer Agreement for Regional Services and authorize the Chairman to sign. Commissioner Brantner seconded the motion and it carried unanimously. CONSIDER CONTRACT BETWEEN WELD COUNTY, FAMILY PRACTICE RESIDENCY AND NCMC AND AUTHORIZE CHAIRMAN TO SIGN: Dr. Wooley said his department has developed an agreement whereby the Health Department will pay the Family Practice Residency Program for physician services and laboratory work for prenatal patients. For 1986, the total amount to be paid for these services will be $105,825.00. Commissioner Lacy moved to approve the Family Practice Residency Program Contract with NCMC and authorize the Chairman to sign. The motion, seconded by Commissioner Brantner, carried unanimously. CONSIDER EMERGENCY ORDINANCE #82-E - IN MATTER OF SETTING FEES FOR SERVICES PROVIDED BY HEALTH DEPARTMENT: Mr. Warden explained that this is the annual fee adjustment for the Health Department. Wes Potter, representing the Health Department, said the changes have all been made in order to cover the costs of the Health Department. Mr. Warden read Emergency Ordinance #82—E, In Matter of Setting Fees for Services Provided by Health Department, into the record. Commissioner Brantner moved to approve Emergency Ordinance #82—E and direct the Clerk to the Board to have published forthwith. Commissioner Lacy seconded the motion and it carried unanimously. CONSIDER REQUEST OF FAIRWAY ENERGY FOR EXTENSION OF OIL & GAS LEASE ON S8, T7N, R63W: Bob Goeppner, representing Fairway Energy, explained that his company is requesting an extension because they Intend to begin a drilling program in January. Don Warden reviewed the lease extension policy of the Board and said this request does comply with the policy. Commissioner Lacy moved to approve the request from Fairway Energy for an extension of the Oil and Gas Lease on the above described parcel. Seconded by Commissioner Brantner, the motion carried unanimously. CERTIFICATION OF BEEBE DRAW SPECIAL ELECTION: Lee Morrison, Assistant County Attorney, explained to the Board that both votes in the Beebe Draw Election were favorable. He said that 30 days from today, the Law Enforcement Authority will come into existence. He suggested that the Board set a date in April, 1986, at 10:00 a.m. for this Board to meet as the Governing Board of the Law Enforcement Authority to begin the budget • process. He said a Resolution should be written accepting the results and setting the hearing date, then this Resolution can be filed with the Department of Local Affairs. Commissioner Lacy moved to accept the Certification of this Special Election, thereby creating the Beebe Draw Law Enforcement District, effective 30 days from today, and set a hearing on April 2, 1986, at 10:00 a.m. in the Commissioners hearing room, as the Minutes - December 4, 1985 Page 5 first convening of the Board for said Law Enforcement District. Commissioner Brantner seconded the motion and it carried unanimously. Let the record reflect that Mr. David was replaced by Mr. Morrison. At this time, Stan Peek, District Attorney, came forward to give his report. Mr. Peek gave some statistics, through September 30, 1985, concerning the Consumer Fraud bad check unit. He said this unit received over $196,000.00 worth of bad checks. The amount recovered in restitution was approximately $113,000.00. Mr. Peek concluded his report by commenting on the Consumer Fraud unit, saying that this unit continues to be active and is now working with the Denver District Attorney to resolve several _., fraudulent mortgages. PLANNING: ZPMH #1109 - BEIERLE: Debbie deBesche, Planning Department representative, said this request from Ben Beierle is for one mobile home to be used as a principal dwelling. She said the Planning staff's recommendation for approval is subject to three conditions. Ben Beierle came forward to answer questions of the Board. Commissioner Lacy moved to approve ZPMH #1109 for Ben Beierle, subject to the recommended conditions. The motion was seconded by Commissioner Brantner and carried unanimously. ZONING AND BUILDING CODE VIOLATIONS — PEVLER: (The Board considered Items #2 and #13 at this time.) Keith Schuett, representing the Planning Department, presented these items to the Board. He said Larry and Irene Pevler are in violation of Sections 31.2.16 and 43 of the Zoning Ordinance, mobile home without proper permits, and Section 70 of the Building Code Ordinance, mobile home building permits required. Mr. Schuett said the recommendation of the Planning staff is to refe- this matter to the County Attorney to proceed with legal action. He added that the Pevlers have applied for a building permit and they are working on a zoning permit, but all of the needed information has not yet been submitted. Bob Huffman, of the Planning Department, said the building permit cannot be issued because the septic system has not been approved. The Pevlers were neither present nor represented. Commissioner Lacy moved to allow the Pevlers until December 18, 1985, to come into compliance with both the Zoning and Building Code Violations, and if not in compliance by this date, these matters shall be referred to the County Attorney to proceed with appropriate legal action. Seconded by Commissioner Brantner, the motion carried unanimously. ZONING AND BUILDING CODE VIOLATIONS - LaROSE AND SCHESSER: (The Board considered Items #3 and #11 at this time.) Mr. Schuett said Conrad and Alice LaRose and Mike Schesser are in violation of Sections 31.2.16 and 43 of the Zoning Ordinance, mobile home without proper permits, and Section 70 of the Building Code Ordinance, mobile home building permits required. He said the recommendation of the Planning staff is to refer these matters to the County Attorney to proceed with legal action. Mr. Schuett said Mr. Schesser has applied for a building permit and has picked up a zoning permit application, but has not yet submitted it. There was no representative for either the LaRoses or Mr. Schesser. Commissioner Lacy moved to accept the staff recommendation in total. Commissioner Yamaguchi seconded the motion which carried unanimously. ZONING AND BUILDING CODE VIOLATIONS — HODGES S HOGARTH: (At this time the Board considered Items #4 and #12.) Mr. Schuett said Elmo and Hazel Hodges are in violation of Sections 31 .2.16 Minutes - December 4, 1985 Page 6 and 43 of the Zoning Ordinance, mobile home without permits, and Section 70 of the Building Code Ordinance, mobile home building permits required. The recommendation of the Planning staff is to refer these matters to the County Attorney to proceed with legal action. John Hogarth came forward to answer questions of the Board. Mr. Hogarth said this mobile home is not occupied at this time, and he intends to remove it. He said he is not financially able to fix the mobile home in order to sell it. Commissioner Lacy moved to allow Mr. Hogarth 60 days to apply for necessary permits, and if not applied for by that time, this matter shall be referred to the County Attorney to proceed with legal action. Seconded by Commissioner Brantner, the motion carried unanimously. ZONING VIOLATION — RAEL: Mr. Schuett presented this matter to the Board and said Tommy and Caroline Rael are in violation of Sections 31.2. 16 and 43 of the Zoning Ordinance, mobile home without proper permits. He said the Planning staff's recommendation is to refer this matter to the County Attorney to proceed with legal action. Tom Rael came forward to answer questions of the Board. Mr. Rael said the mobile home is now sold and should be off the property soon. Commissioner Brantner moved to allow Tommy and Caroline Rael 60 days to remove the mobile home from this property, and if not removed in the 60 days, this matter shall be referred to the County Attorney to proceed with legal action. The motion, which was seconded by Commissioner Lacy, carried unanimously. ZONING VIOLATION - MOWERY: Mr. Schuett said Larry Mowery is in violation of Sections 31.2.16 and 43 of the Zoning Ordinance, mobile home without proper permits. He said the Planning staff recommends that this matter be referred to the County Attorney to proceed with legal action. Mr. Schuett said Mr. Daniels, Attorney representing Mr. Mowery, had requested additional time in which to submit an application. Commissioner Lacy moved to grant Mr. Mowery an additional two weeks to submit the proper application, and if not submitted in that time, this matter shall be referred to the County Attorney to proceed with legal action. Commissioner Brantner seconded the motion and it carried unanimously. ZONING VIOLATION - MILLER & STEPHENS: Mr. Schuett advised the Board that Alex J. Miller and Mr. & Mrs. Stephens are in violation of Section 31.5.4 of the Zoning Ordinance, non-compliance of animal units. He said there are nine horses on the property, and they are allowed only four. The recommendation of the Planning staff is to refer this matter to the County Attorney to proceed with legal action. There was no representative for either Mr. Miller or the Stephenses. Commissioner Yamaguchi moved to accept the recommendation in total. The motion, seconded by Commissioner Lacy, carried unanimously. ZONING AND BUILDING CODE VIOLATIONS — ROSEBERRY (CONT. FROM NOV. 27) : (The Board considered Items #8 and #9 at this time.) Mr. Schuett said Leone Roseberry is in violation of Sections 31.2.16 and 43 of the Zoning Ordinance, mobile home without proper permits, and Section 70 of the Building Code Ordinance, mobile home building permits required. He said the recommendation of the Planning staff is to refer these matters to the County Attorney to proceed with legal action. Mr. Schuett said this matter had been continued on November 27, 1985, because Ms. Roseberry had informed his office that she was not able to attend on that date. She called his office again on December 3, 1985, stating that she would not be able to attend. Commissioner Yamaguchi moved to refer both matters to the County Minutes - December 4, 1985 Page 7 Attorney to proceed with legal action. The motion died for lack of a second. (TAPE CHANGE #85-104) Following discussion, Commissioner Lacy moved to allow Leone Roseberry an additional two weeks in which to come into compliance on the Zoning and Building Code Violations, and if not in compliance by that time, these matters shall be referred to the County Attorney to proceed with legal action. Commissioner Brantner seconded the motion which carried unanimously. BUILDING CODE VIOLATION - CORNELL: Bob Huffman presented this matter to the Board. He said Lewis W. and Barbara J. Cornell are in violation of Section 30 of the Building Code Ordinance, building permits required. Mr. Huffman said the Planning staff recommends that this matter be referred to the County Attorney to proceed with legal action. Chuck Cunli£fe, Director of Planning Services, submitted a case summary concerning a Use by Special Review. He said a building permit cannot be issued until the approval of the Use by Special Review Permit for a dog kennel operation is resolved. The Cornells were neither present nor represented. Commissioner Lacy moved to refer this matter to the County Attorney to proceed with legal action. The motion, seconded by Commissioner Brantner, carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. Emergency Ordinance #82—E, In Matter of Setting Fees for Services Provided by Health Department, was read and app-owed 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 10:30 A.M. APPROVED: ATTEST: 0 �� `r BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF APPROVAL and Clerk to the Board ' Ja line Johnson, Chairman B ��i1c t Pi wX�M (Li Deputy County Cler 'Gene R. Brantner, Pro-Tem EXCUSED C.W. Kirby /• cYam Minutes - December 4, 1985 Page 8 RECORD OF PROCEEDINGS • AGENDA Monday, December 9, 1985 Tape #85-104 ROLL CALL: Jacqueline Johnson, Chairman Gene Brantner, Pro-Tem C.W. Kirby Gordon Lacy Frank Yamaguchi MINUTES: Approval of minutes of December 4, 1985 (Commissioner Kirby excused) (Held over until December 11, 1985) CERTIFICATION OF HEARING: Hearing conducted on December 4, 1985: 1) Show Cause Hearing — Arnold and Beverly Teter (To be held over until December 16) (Commissioners Brantner & Kirby excused) ADDITIONS TO AGENDA: #14 under New Business: Certification of 1985 Levies & Revenues; and #15: Consider Resolution re: Amendment to Loan Agreement between Weld County and Colorado Landfill, Inc. APPROVAL OF CONSENT AGENDA: COMMISSIONER COORDINATOR 1) Communication Services - Kirby REPORTS: 2) Engineering Services - Brantner 3) Health Services - Lacy 4) Planning Services - Yamaguchi 5) Purchasing & Personnel - Johnson COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BIDS: 1) Change Order #1 for paving and shouldering of WCR 44 between 39 & (Bette Rhoden) 49 for Frontier Materials BUSINESS: OLD: NEW: 1) Consider Resolution re: Intergovernmental Agreement with Town of Windsor for Conservation Trust Fund Expenditures and authorize Chairman to sign 2) Consider Amendment to PAC Plan 3) Consider petition to relocate traffic control devices at WCR 15 & 84 4) Consider extension of Trash Removal Contract with Bunting Trash Service, Inc. 5) Consider Letter of Understanding from Management Advisors, Inc. concerning Personnel Dept. audit 6) Consider Resolution re: Compensation for election judges and branch registrars 7) Consider Resolution re: Cancellation of General fund warrants, in amount of $2,171.60 8) Consider two JTPA Discretionary Grant applications and authorize Chairman to sign 9) Consider Resolution re: Appointments to PIC (deleted) 10) Consider Letter of Engagement with Dollarhide & Schwartz and authorize Chairman to sign 11) Second Reading of Ordinance #9-D - In Matter of Repeal and Re-enactment, with Amendments and Additions, to Certain Sections to Individual Sewage Disposal System Regulations, Ordinance #9-A, as Amended by Ordinances #9-B, #9-C 12) Second Reading of Ordinance #136-A - In Matter of Repealing Ordinance #136 and Setting the Amount of Purchases Which Must be by Written Sealed Bids with a Ten-Day Period for Consideration 13) Second Reading of Ordinance #84-E - In Matter of Repealing Ordinance #84-D and Re-enacting the Setting of Fees for Services Provided by Weld County CONSENT AGENDA APPOINTMENTS: Dec 9 - Work Session 1:30 PM • Dec 10 - Airport Authority 12:30 PM Dec 12 - Area Agency on Aging 9:00 AM Dec 12 - Placement Alternatives Commission 1:30 PM Dec 12 - Board of Adjustment 3:30 PM Dec 12 - Library Board 7:00 PM Dec 13 - Community Corrections Advisory Board 12:00 NOON Dec 16 - Hospital Board 4:30 PM Dec 17 - Housing Authority 11:30 AM Dec 17 - Planning Commission 1:30 PM Dec 17 - Communications Advisory Board 2:00 PM Dec 17 - Retirement Board 2:15 PM Dec 19 - Community Corrections Board 8:00 AM Dec 24 - HOLIDAY Dec 25 - HOLIDAY HEARINGS: Dec 18 — Policy Report under Section 103A 10:00 AM Dec 18 — Tavern Liquor License, LeRoy Sather, dba Streamers 2:00 PM Dec 18 — Show Cause Hearing, Vessels Oil & Gas (cont. from Nov 13) 2:00 PM Dec 18 — USR, Process & sell forestry products in Agricultural Zone District, Darrel or Tamara Lockman 2:00 PM Dec 18 - USR, Greyhound dog kennel, Gene & Diane Gurley 2:00 PM Dec 18 - USR, Livestock confinement operation, James & Michele Vetting 2:00 PM Dec 23 - Changes to Final PUD Plat, Beebe Draw Land Company Ltd. - First Filing 9:00 AM Jan 8 - Show Cause Hearing, 31 Disposal (Stan Rech) 2:00 PM Feb 19 - Show Cause Hearing, Arnold & Beverly Teter (cont. from Dec 4, 1985) 2:00 PM REPORTS: 1) Final 1986 Budget for Weld County (available in Clerk to Board's Office) COMMUNICATIONS: 1) State approved petition for tax abatement - St. Pauls Congregational Church 2) Nuclear Regulatory Commission IE Info. Notice Nos. 85-88, 85-89, 85-90, 85-91, and Supplement to 85-58 3) Oil & Gas Conservation Commission - Notices of Hearing 4) National Waterline News - Volume 9, #23 5) State Board of Equalization re: Order of reappraisal for WC 6) William McMurray - Letter of resignation from Planning Commission 7) State Board of Land Commissioners - Notice of Oil & Gas Lease Auction and Division of Wildlife Oil & Gas Lease Qualifications 8) Board of Adjustment agenda for December 12, 1985 9) County Council News Release and Memorandum re: Salaries 10) Board of Assessment Appeals - Notice of Hearing 11) Letters from L. Ted Harris re: Grand Jury & NCMC PLANNING STAFF 1) SE #255 - Seewald APPROVALS: 2) SE #258 - Onorato RESOLUTIONS: * 1) Approve 1986 Dance License for Greeley Elks Lodge 11809 * 2) Approve Amendments to Fleet Management & Maintenance Agreement with ARA * 3) Approve LEAP Vendor Agreements * 4) Approve Weld-Larimer Agreement for Regional Services * 5) Approve Contract between Weld County, Family Practice Residency and NCMC Cont. on Page 2 of Consent Agenda • Page 2 CONSENT AGENDA * 6) Approve request of Fairway Energy for extension of Oil & Gas Lease • on S8, T7N, R63W * 7) Approve ZPMH #1109 - Beierle * 8) Approve Action of Board concerning Zoning and Building Code Violations - Pevler * 9) Approve authorization for County Attorney to proceed with legal action concerning Zoning and Building Code Violations - La Rose & Schesser * 10) Approve Action of Board concerning Zoning and Building Code Violations - Hodges & Hogarth * 11) Approve Action of Board concerning Zoning Violation - Rael * 12) Approve Action of Board concerning Zoning Violation - Mowery * 13) Approve authorization for County Attorney to proceed with legal action concerning Zoning Violation - Miller & Stephens * 14) Approve Action of Board concerning Zoning and Building Code Violations - Roseberry * 15) Approve authorization for County Attorney to proceed with legal action concerning Building Code Violation - Cornell * 16) Approve certification of Beebe Draw Special Election * 17) Approve continuance of Show Cause Hearing - Teter * 18) Approve cancellation of General fund warrants * 19) Approve compensation for election judges and branch registrars * 20) Approve Oil & Gas Lease with Rio Grande Exploration on NW}; N}SW}; SW}SW} of 56, T8N, R58W * 21) Approve Oil & Gas Lease with Rio Grande Exploration on NE} of S7, T8N, R58W * 22) Approve Oil & Gas Lease with Rio Grande Exploration on S}NWi of 58, T8N, R58W * 23) Approve Oil & Gac. Lease with Rio Grande Exploration on NEo; NE}NW} of S12, T8N, R58W * 24) Approve Oil & Gas Lease with Rio Grande Exploration on WiSWi; SW$NW} of 518, T8N, R58W * 25) Approve Oil & Gas Lease with Rio Grande Exploration on SE}NE} of S13, T8N, R59W * 26) Approve Oil & Gas Lease with Rio Grande Exploration on SW} of 525, T9N, R59W * 27) Approve Oil & Gas Lease with Rio Grande Exploration on SE}; S}NE} of S34, T9N, R59W * 28) Approve Oil & Gas Lease with Rio Grande Exploration on W}SWi of S35, T9N, R59W * 29) Approve Intergovernmental Agreement with Town of Windsor * 30) Approve Amendment to Loan Agreement with Colorado Landfill, Inc. ORDINANCES: 1) Second Reading of Ordinance #9-D - In Matter of Repeal and Re-enactment, with Amendments and Additions, to Certain Sections to Individual Sewage Disposal System Regulations, Ordinance #9-A, as Amended by Ordinances #9-B, #9-C 2) Second Reading of Ordinance #136-A - In Matter of Repealing Ordinance #136 and Setting the Amount of Purchases Which Must be by Written Sealed Bids with a Ten-Day Period for Consideration 3) Second Reading of Ordinance #84-E - In Matter of Repealing Ordinance #84-D and Re-enacting the Setting of Fees for Services Provided by Weld County CHANGE ORDER: * 1) Frontier Materials - Paving and shouldering of WCR 44 between 39 & 49 * Signed at this meeting RESOLUTION RE: GRANT COUNTY DANCE HALL LICENSE NUMBER 155, ISSUED TO GREELEY ELKS LODGE #809 - EXPIRES DECEMBER 31 , 1986 , AT 12: 00 O'CLOCK 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, Greeley Elks Lodge #809 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: 2809 35th Avenue, Greeley, Colorado 80634 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 Greeley Elks Lodge #809 , 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 Hail License Number 155 be, and hereby is, granted to Greeley Elks Lodge #809, to conduct dances at the hereinabove described location. BE IT FURTHER RESOLVED by the Board that said License Number 155 shall be in effect through 12 : 00 o'clock midnight, December 31 , 1986, conditional upon the applicant conducting all dances in strict conformity to all laws of the State of Colorado. Page 2 RE: DANCE LICENSE - GREELEY ELKS LODGE #809 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985. BOARD OF COUNTY COMMISSIONERS ATTEST: 1Y &Z, n±C zyt, WELD COUNTY, COLORADO Weld County lerk and Recorder EXCUSED DATE OF SIGNING (AYE) and Clerk to the Board £Kir9ro-Tem eline Johnson, Chairman —jtec77c-,,,, C puty County C rP k T �� EXCUSED APPROVED AS TO FORM: C.W. 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I '.. =D M a o H≤ FE- 2 v w �i ^' b o r gf I m in ! 0cr, o- 9 w o a I,'n'+ , _ z < D a C I la I yo 0 cs I • I , I i RESOLUTION RE: APPROVE AMENDMENTS TO FLEET MANAGEMENT AND MAINTENANCE AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND ARA MANAGED LOGISTICS 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, Weld County and ARA Managed Logistics Systems, Inc. entered into a Fleet Management and Maintenance Agreement dated September 14 , 1984 , and WHEREAS, the Board has now been presented with Amendments to said Agreement, a copy of said Amendments being attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it advisable to approve said Amendments. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Amendments to the Fleet Management and Maintenance Agreement between Weld County and ARA Managed Logistics Systems, Inc. be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Amended Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST:"Irla .✓, aArce"-i-C-L^11 1 WELD COUNTY, COLORADO V/ Weld County Clerk l and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Jac eline Johnson, Chairman bg Gene R. cra neo-Tem eputy County C rk EXCUSED APPROVED AS TO FORM: C.W. Ki b -Th - .rte _ / Go ac 7 A %J / '� (i //' / /y County Attorney ��yf Frank amaguc -i AMENDMENT TO FLEET MANAGEMENT AND MAINTENANCE AGREEMENTS BETWEEN WELD COUNTY, COLORADO AND ARA MANAGED LOGISTICS SYSTEMS, INC. This Agreement is made this 4tlday of December , 1985 by and between Weld County, Colorado, acting through its Board of County Commissioners (the "County") and ARA Managed Logistics Systems, Inc. ("Contractor"). RECITALS: County and Contractor have entered into a Fleet Management and Maintenance Contract dated September 14, 1984 (the "Contract") and a Letter of Concurrence Regarding Contract Between County of Weld and ARA Managed Logistics Systems, Inc. (the "Letter"). Pursuant to the Contract and the Letter, Contractor is to provide fleet management and vehicle maintenance services for the County for an initial three year term beginning September 17, 1984 and ending September 16, 1987. County and Contractor now desire to amend the Contract and the Letter as described below. NOW, THEREFORE, in consideration of the mutual covenants, promises and undertakings contained in the Contract and this Agreement, County and Contractor agree as follows: 1. The first sentence of Section 2.05 of the Contract shall be deleted and the following sentences shall be substituted: "The term of this Contract shall be for the period commencing September 17, 1984, and ending September 30, 1987. The period from September 17, 1984 and ending September 30, 1985 shall constitute the "initial year" of this Contract." 2. The second complete sentence of Section 3.01 of the Contract shall be deleted and the following shall be substituted: "The approved budget for the initial year hereof is $783,388. 3. Paragraph 8 of the Letter shall be deleted and the following paragraph shall be substituted: "Maximum contract amount for the initial year will be $842,142, calculated as follows: Budget Amount $ 783,388 50% of 15% of Budget 58,754 $ 842,142 County will pay the Quality Incentive bonus as described in Section 3.08 if the bonus amount remains within 115% of the budget amount ($842,142) only." Except as expressly amended by this Agreement, in all respects the Contract and the Letter shall remain in full force and effect and legally binding upon County and Contractor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ATTEST: ARA AANAGED LOGISTICS SYSTEMS, INC. HN C. GREEN CE PRESIDENT AND GENERAL MANAGER ATTEST:N110,7 �.(ceico�z� ; WELD COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS 3Y �/4'7X T7: .clii Deputy County Clerk airm services DES:MOINES FLEET MAINTENANCE/212 SOUTHEAST RACCOON STREET/DES MOINES,!OWA 5O3O9/515-283-4959 NOBLE J. BEARDSLEY Region!Monger November 25, 1985 Mr. Donald D. Warden, Director Department of Finance & Administration Weld County Greeley, CO 80632 Dear Don: Please accept this letter as the formalization of our agreement of August 28, 1985. During our meeting of that date, it was mutually agreed that the approved budget for the second year of the contract would be $845,148 based on a fleet size of 382 units. This agree- ment is consistant with the budget adjustment procedure specified in section 3. 10, paragraph (a) of the contract. It will be greatly appreciated if you will signify your agreement by signing one of these documents and returning it for the company's records. I look forward to this being the second of many years of serving Weld County's fleet maintenance needs. Sincerely, ��w V Noble J. CBprdsley, Regional Mana er ARA Managed Logistics Systems, c. Concu a" cta y,;,, �� RESOLUTION RE: APPROVAL OF VENDOR AGREEMENTS CONCERNING LOW-INCOME ENERGY ASSISTANCE PROGRAM FOR 1985-1986 PROJECT YEAR 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, Title XXVI of the Low-Income Home Energy Assistance Act of 1983 , P.L. 97-35 , provides for Home Energy Assistance to eligible households, and WHEREAS, the Department of Social. Services has presented to the Board of County Commissioners, for its approval, agreements concerning the Low-Income Energy Assistance Program (LEAP) , for the 1985-1986 Project Year, with the following vendors: Weld L-P Greeley Gas Company Keyser Coal Company Public Service Company - Brighton Public Service Company - Johnstown Public Service Company - Longmont Public Service Company - Louisville Public Service Company - Fort Lupton Public Service Company - Windsor Adams County Co-op Home Light & Power Company Van Gas Company Town of Nunn Empire Gas Company (2) Agland, Inc. Rocky Mountain Natural Gas Company Maddox Gas & Oil Company 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 1985-1986 Project Year be, and hereby are, approved. Page 2 RE: 1985-1986 LEAP VENDOR 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 4th day of December, A.D. , 1985. BOARD OF COUNTY COMMISSIONERS ATTEST: 4/rv( %J,n.,.�J v✓.G%wr✓ WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING (AYE) and Clerk to the Board Ja eline Johnson, Chairman B\lr. O12c--) cv C Gene R. Bran n -Tem De uty County Cle EXCUSED APPROVED AS TO FORM: C.W. K' rb ` r—C LaC County Attorney Era _ucc % - • Attachment C i LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT y0` Agreement made this 4th day of December , 198 by and between the Board of County Commissioners of acting by and through the (County) County Department of Social Services and WELD L — P • P&. BOX 36_1. Platteville, Unior,in saft5t (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. 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 pf the anticipated heating costs for the current heating -seat%rr'(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 up to two secondary heating sources, for the period of November 1, 1984 through April 30, 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, 1984 through April 30, 1985. k. "Program Year" means from November 1, 1985 to April 30, 1986. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is February 1, 1986 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. 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; s 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 cred,ited•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; 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 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. j • Page 4 • 10. In the event services cannot be delivered by the vendor because the eligible household has been disconnected for non—payment of service prior to notification of eligibility by the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county • . department of social services any Basic Program payment received by the vendor on behalf of the eligible household. 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, 1986 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, 1986; 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. Page 5 • 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, 1985 through April 30,. 1986 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. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the • vendor aareement 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. 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. 4 - Page 6 ., IV. General Provisions a. The term of this Agreement shall be _through September 30, 1986. 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, FUEL VENDOR VENDOR ( CHAIRMAN, COUNTY COMVISSICNERS • Signature igna re FF'AAIIC 0 �Tr W,4__rp,.G K JACQUELINE JOHNSON, CHAIRMAN Name and Title (Printed or Typed) Name and Title (1V C Lb 4-----P a- 4.S ( lit P.O. BOX 758 Company or Business Name Address . f � a✓e LL EL �J f GREE .EY, COLORADO 80632 CITY I; ,/g,s__zipcode CITY, zipcode DATE c33 DATE 1/ 1 1 �c C C lummmmEMEM Page 220 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this / ?- day of November , 1985 by and between the Board of County Commissioners of Weld acting by and through the (County) County Department of Social Services and Greeley Gas Co. 1200 11 Ave. , Greeley Co 80612 (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 . Page 2 Page 221 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 up to two secondary heating sources, for the period of November 1, 1984 through April 30, 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, 1984 through April 30, 1985. k . "Program Year" means from November 1, 1985 to April 30, 1986. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is February 1, 1986 through April 30, 1986. 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. II. Responsibilities of the Vendor: a. The Vendor shall implement the rollowing 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 Page 222 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; • 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 throughout the time the household r-?mains 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 nedical 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. Page 4 Page 223 10. In the event services cannot be delivered by the vender because the eligible household has been disconnected for non—payment of service prior to notification of eligibility by the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county department of social services any Basic Program payment received by the vendor on behalf of the eligible household . 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, 1986 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, 1986; 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. Page 5 Page 224 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, 1985 through April 30, 1986 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. 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. 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 . . Page 6 Page 225 IV. General Provisions a. The term of this Agreement shall be (/7/r/L' c ( , /ri 5 through September 30, 1986. 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 anc 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. �> C /pUj/E t,// CHAIRMAN, COUNTY COMMISSIONERS o(:)\2 rY•tk,A Signature �ignat e 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 Company or BMsiness Name Address Greeley 8 Greeley, Colorado 80632 r /1 /0-� ipcode CITY zipcode eni - DATE DATE • � � Attachment C LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this .,'1 day of 198s by and between the ;085 Board of County Commissioners of We acting by and through the HQy � _ (County) County Department of Social Services and ICETSER; LI 58e1 , Greeley, Cosoraao 30631 (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. 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 up to two secondary heating sources, for the period of November 1, 1984 through April 30, 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, 1984 through April 30, 1985. k. "Program Year" means from November 1, 1985 to April 30, 1986, 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is February 1, 1986 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. 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. 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 4 (60) days after such notification; 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 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 '-ha hpz tH d .n`n+. 4 - v Page 4 10. In the event services cannot be delivered by the vendor 1 • because the eligible household has as ieind notification of eligibility for by sthenon county od cannot prior le the county and cannot be reconneced because agreementeundeb terms cceptab will not enter into a payment &e acceptable to the vendor, the vendor will return to the county Basic Program payment department b of ovenl services any household. received by the vendor on behalf of the eligible � " If the Vendor has 11. (Not applicable to bulk fuel suppliers) been notified by the County Department that a Household -has applied for the Basic Program benefit, the Vendor will not ces to the days after notceate that ilicatio has obeeno for ten working the madeoruntilthe Vendor is notice that ability determination of the Household, notified of the slag whichever occurs first. of information Department about a Household' s benefit 12. The Vendor shall maintain confidentiality in novcdod by the w County h Ocp accordance with applicable Federal and State laws; days to the County Department; p 13. Any payments which cannot be credited to an account shall be returned within ten (10) working 14. Upon notification by the County Department, when a Household _ originally approved Vendor, the . moves shall longer uses credite balance, within ten (10) (up to the amount paid on _woVendor return any depositspa d on behalf days, due to l the Behold, excluding any behalf of an Eligible Household, by the Household) to the County Department;e 15. The vendor shall S . refund any credit balances to the eligible household after May 31, 1985 upon the Eligible Household' s request. the total payment amount or the 16. In the event that service cannot or will not be delivered by whichever applicable, the nbar to the Household,helH. Eligible isH applicable, credit( p haaco due on behalf of an Elig will be returned d excluding to the n amount paid the Household) days; to cthe Co any dDepartment made by 10 working the County Department within ten (10) 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the of Household's name, the amount returned on behalfthe El igible Household and the date and reason for return by the Vendor; 18, All funds due to the County Department shall t 5belreturned to 6; the County Department no later than Aug . 19. All other requirements of Federal and State laws and regulations shall be adhered to; but—off or who are saaunable urchase fuel shall be provided with addreess 20_ All customer households subject to utill y_s fddnd to p telephone anddstance Programber information about the low-Income Energy Assistance Page 5 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 41 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, 1985 through April 30, 1986 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. 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. 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. • Page 6 IV. General Provisions (, a. The term of this Agreement shall be ;�a✓. 1 s through September 30, 1986. • 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. FUEL VENDOR CHAIRMAN, COUNTY cor IssICNERS %J � 1L�1M II . Signature S gnat e - `.) /7 a. J . &fscr. <-Y e c . JACQUELINE JvOILcSON, CHAIRMAN Name and Title (Printed or Typed) Name and Title l"o .. � � �/ �� y Z1c P.O. BOX 758 Company or Business Name / Address iiEe/ P (n !PL NS/ GR ELEY, COLORADO 80632 CITY zipcode CITY, zipcode // DATE DATE /FYI lIj` �k'�c LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 4th day of December , 198 by and between the 1985 SEP sr Board of County Commissioners of Weld acting by and through the (County) County Department of Social Services and Public Service Company of Coloradossn BRTGETON BRANCA OFFTCF. (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 . 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 up to two secondary heating sources, for the period of November 1, 1984 through April 30, 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, 1984 through April 30, 1985. k . "Program Year" means from November 1, 1985 to April 30, 1986. 1 . "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1 , 1985 through January 31, 1986. The second eligibility period is February 1, 1986 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 . 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 . 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; 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 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. Page 4 10. In the event services cannot be delivered by the vendor because the eligible household has been disconnected for non—payment of service prior to notification of eligibility by the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county department of social services any Basic Program payment received by the vendor on behalf of the eligible household . 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 ..o 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 balanccs to the eligible household after May 31, 1986 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, 1986; 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. Page 5 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, 1985 through April 30, 1986 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. 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 . 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 . Page 6 IV. General Provisions a. The term of this Agreement shall be through September 30, 1986 . 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. UEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS _ S nature .gnat e v Ronald E. Donovan, Vice President Jacqueline Johnson, Chairman Name and Title (Printed or Typed) Name and Title Public Service Company of Colorado P.O. Box 758 Company or Business Name Address Denver 80202 Greeley, CO 80632 CITY zipcode CITY zipcode September 26, 1985 DATE DATE b ;?:c' " __ 7. 10,cr (�`., ! & ?rum i,,e n; C: :-•-y • ` Y LOW--INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 4th day of December. , 198 by and ttmA3.en the Board of County Commissioners of Weld acting by and th QAId e(a . � (County) County Department of Social Services and Public Service Company of Colorado. 550 - 15th Strapt, Denver, CO 80202 IS�bSTOWN BRAPCH OFFICE (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 to3 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 . 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 up to two secondary heating sources, for the period of November 1, 1984 through April 30, 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, 1984 through April 30, 1985. k . "Program Year" means from November 1, 1985 to April 30, 1986. 1 . "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986 . The second eligibility period is February '1, 1986 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 wiih LEAP rules . I.T . 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 . 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; 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 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. Page 4 • 10 . In the event services cannot be delivered by the vendor because the eligible household has been disconnected for non—payment of service prior to notification of eligibility by the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county department of social services any Basic Program payment received by the vendor on behalf of the eligible household . 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, 1986 upon the Eligible Household ' s request. 15 . 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 cn 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, 1986; 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. Page 5 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, 1985 through • April 30, 1986 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. 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 . II. 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 . Page 6 IV. General Provisions a. The term of this Agreement shall be through September 30, 1986 . 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. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS 5 gnature ignat e /II Ronald E. Donovan, Vice President Jaccueline Johnson, Chpirman Name and Title (Printed or Typed) Name and Title Public Service Company of Colorado P.O. Box 758 Company or Business Name Address Denver 80202 Greeley, GO 80632 CITY zipcode CITY zipcode September 26, 1985 DATE DATE • APPROVED :. j" V...,- &tw.fug ? c��1nc%rr. EXEC;'-`14 ..ECORDER +• 1t LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 4th day of December , 198 by and between the sfr 3C Board of County Commissioners of WE_id acting by and through the (County) County Department of Social Services and Public Service Company of Colorado, 550 - 15th Str •et npn er rn�q�g� LONGMONT BRANCH OFFICE (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 fund; 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 . 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 up to two secondary heating sources, for the period of November 1, 1984 through April 30, 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 , 1984 through April 30, 1985. k . "Program Year" means from November 1, 1985 to April 30, 1986 . 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986 . The second eligibility period is February 1, 1986 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 . II . Responsibilities of the Vendor: a. The Vendor shall implement the -following previsions : 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. 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; 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 progra, payment 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 ar 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. Page 4 10. In the event services cannot be delivered by the vendor because the eligible household has been disconnected for non—payment of service prior to notification of eligibility by the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county department of social services any Basic Program payment received by the vendor on behalf of the eligible household . 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 tie 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, 1986 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, 1986; 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. Page 5 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, 1985 through April 30, 1986 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. 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. 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 Eigible 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 . - Page 6 • IV. General Provisions a. The term of this Agreement shall be through September 30, 1986 . b. This Agreement is subject to and contingent upor 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. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS Lasereezzw Signature - �ignaNre — Ronald E. Donovan, Vice President Jacqueline Johnson, Chairman Name and Title (Printed or Typed) Name and Title Public Service Company of Colorado P.O. Box 758 Company or Business Name Address Denver 80202 Greeley, CO 80632 CITY zipcode CITY zipcode September 26, 1985 DATE DATE FUR E-IECUTIOPi S &0 t7 Cc i y LOW--INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement. made this 4th day of December 198 by and between the 1gBssfP3c Board of County Commissioners of Weld • acting by and through the (County) County Department of Social Services and Public Service Company of Colorado. 550 - 15th Street nenver rn porno LOTTTSVTT.LR BRANCH OFFICE (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 .. 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 reated 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 up to two secondary heating sources, for the period of November 1, 1984 through April 30, 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, 1984 through April 30, 1985 . k . "Program Year" means from November 1 , 1985 to April 30 . 1986 . 1 . "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1 , 1985 through January 31, 1986 . The second eligibility period is February 1, 1966 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 . 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; i � 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; 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 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. Page 4 10. In the event services cannot be delivered by the vendor because the eligible household has been disconnected for non—payment of service prior to notification of eligibility by the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county department of social services any Basic Program payment received by the vendor on behalf of the eligible household . 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 (JO) 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 , 1986 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, 1986; 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. Page 5 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 Eligibe 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, 1985 through April 30, 1986 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. 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. 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 . Page 6 i - IV . General Provisions a. The term of this Agreement shall be through September 30, 1986. 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. EL VENDOR CHAIRMAN, COUNTY COMMISSIONERS 2 gn e 6\sa--6 ._-%JiLane•- Ronald E. Donovan, Vice President Jacqueline Johnson, Chairman Name and Title (Printed or Typed) Name and Title Public Service Company of Colorado P.C. Box: 758 Company or Business Name Address Denver 80202 Greeley, CO 80632 CITY zipcode CITY zipcode September 26, 1985 DATE DATE Co:;r.'v LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 4th _ day of December Board of County Commissioners of Weld i 198 by and ou 'Arc acting by and through the SEP (County) County Department of Social Services3[' and Public Service Company of Coln FORT LUTON PRANCE OFFICE (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 fuel,. r 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 up to two secondary heating sources, for the period of November 1, 1984 through April 30, 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, 1984 through April 30, 1985. k . "Program Year" means from November 1 , 1985 to April 30, 1986 . 1 . "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986 . The second eligibility period is February 1, 1986 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 . 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 . 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; 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 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. Page 4 10. In the event services cannot be delivered 5y the vendor because the eligible household has been disconnected for non-payment of service prior to notification of eligibility by the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county department of social services any Basic Program payment received by the vendor on behalf of the eligible household . 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, 1986 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, 1986; 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. Page 5 • 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, 1985 through April 30, 1986 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. 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. 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 . Page 6 • IV. General Provisions a. The term of this Agreement shall be through September 30, 1986 . 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 b; 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. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS SQat:17c,p496°.47.94--- ure S" eat e Ronald E. Donovan. Vice President Jacqueline Johnson, Chairman Name and Title (Printed or Typed) Name and Title Public Service Company of Colorado P.O. Box 758 Company or Business Name Address Denver 80202 Greeley, CO 80632 CITY zipcode CITY zipcode September 26, 1985 DATE DATE APPROVED .c..>-:I !1&, (2, � �t Alt DATE FM EXECUTION kg ray/2�g.( .._..nty Ccrk a LOW--INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 4th day of December , 198 by and between t4Lv SEp 3,.` - Board of County Commissioners of Weld acting by and through the (County) County Department of Social Services and Public Service Com an f - WTNDSOR BRANCH (WFTCF (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 . Page 2 h. "Supportive Fuel Source" is a ty pe 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 tF . 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 up to two secondary heating sources, for the period of November 1, 1984 through April 30, 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 , 1984 through April 30, 1985. k . "Program Year" means from November 1 , 1985 to April 30, 1986 . 1 . "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is February 1, 1986 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 . 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. that a If the Vendor has been notified by the County Department Hohol nsin approved for the Basic Program payment, the Vend will a) continue services, deliver fuel or restore services, whichever is applicable, to the Household . b) not terminate utility services for at least sixty (50) days after such notification; c) shall make a good faith effort to establish or re—establish an installment or r,.odified budget billing arrangement with the Eligible Household if the household is in an actual or potential shut—off situation at an time during the eligibility period . 8. The vendor will not terminate utility services of a household approved for the Basic program payment 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. } Page 4 10. In the event services cannot be delivered by the vendor because the eligible household has been disconnected for non—payment of service prior to notification of eligibility by the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county department of social services any Basic Program payment received by the vendor on behalf of the eligible household . 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 , 1986 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, 1986; 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. Page 5 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, 1985 through April 30, 1986 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. 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. 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 . Page 6 IV. General Provisions a. The term of this Agreement shall be through September 30, 1986 . 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. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS Si nature ��nM '~~ ign ure Ronald F Donavan Grp President Jacqueline Johnson, Chairman Name and Title (Printed or Typed) Name and Title Public Service Company of Colorado P c '�,c 758 — Company or Business Name Address Denver 80202 Greeley, CO 80632 CITY zipcode CITY zipcode September 26, 1985 DATE DATE '_ -'� .,� Cou.^.ry Clerk aMEMEIMI Attach-Mont C LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) • VENDOR AGREEMENT Agreement made this 7 -- day of (9€r , 198r by and between the Board of County Commissioners of acting by and through the (County) County Department of Social Services and ADAMS aornnY CO-CP 0 55 W Brim'ag r Pr i gHf or`�ctiot:ad w; �I (Vendor name and address) (hereinafter referred to as Vendor). - c" 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. Tne 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. 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 up to two secondary heating sources, for the period of November 1, 1984 through April 30, 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, 1984 • through April 30, 1985. k. "Program Year" means from November 1, 1985 to April 30, 1986. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eltgibility period is November 1, 1985 through January 31, 1986. he second eligibility period is February 1, 1986 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. - 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; - • S. 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; 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 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. Page 4 10. In the event services cannot be delivered by the vendor • ifor by non—payment oflservicele o prior lto notification ofeelig or non—payment payment agreement under terms the county and cannot be reconnected because the eligible household will o not enter into te a ndY Wt e acceptable to the vendor, the vendor will return to the county . department of social services any Basic Program pay t received by the vendor on behalf of the eligible household. 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. of information Department about a Household s benefit 12. The Vendor shall maintain confidentiality provided by the County in accordance with applicable federal and State laws; 13. Any payments which cannot be credited to an account shall all be returned within ten (10) working days to the County the County Department, when a Household 14. Upon notification l by approved Vendor, the . moves or no longer uses the originally within ten (10) Vendor shall return any credit balance,to the amount paid on working days, due to the Household (up any daposits ou made behalf th of anse old) toetheusehold, excluding County Department; by the Household) th e 15. The vendor shall refund any y6 re t credit balances esbllanco theselilible household after May 31, request. 16. In the event that service cannot or will not be delivered by the total payment amount or the the Vendor to the Household,he whichever is applicable, credit(up the aeao due to ton behalf of an Eligible Household excluding to amount si the Household) will be returned any deposits made by 10 working days; to the County Department within ten (10) 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 be1returned to the County Department no later than August 15, 19. All other requirements of Federal and State laws and regulations shall be adhered to; shut—off or who are add unable to purchase fuel shall be provided with 20. All customer households subject to utility. ny address esa and telephone number information about the Low—Income Energy Assistance Program. t Page 5 • 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, 1985 through April 30, 1986 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. 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. TIT. 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. Page 6 IV. General Provisions a. The term of this Agreement shall be through September 30, 1986. • 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 ;ender certifies that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. FUr! VEND CHAIRMAN, COUNTY COMMISSIONERS Signature S gnat e - iri At. ,(2,774il Creir Mfr. JACQUELINE JOHNSON, CHAIRMAN Name and Title (Printed or Typed) Name and Title filefist,s Co. 0-op. ,j IvAe. P.G. BOX 758 Company or Business Name Address Bh f Xi rem , /a l G_REELEY, COLORADO 80632 CITY zipcode CITY, zipcode C°c7 7, /7 DATE DATE • 2: y County Clerk Attachment C LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 4th day of December /9etween t g , 198 by and between the Board of County Commissioners of acting by and through the (County) County Department of Social Services and HOME LIGHT & POWER CO. 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. 97-35) 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 . No. 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 up to two secondary heating sources, for the period of November 1, 1984 through April 30, 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, 1984 through April 30, 1985. k. "Program Year" means from November 1, 1985 to April 30, 1986. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is February 1, 1986 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. 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. 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; 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 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 he 1" ,,.,a fn „c - s Page 4 • 10. In the event services cannot be delivered by the vendor because the eligible household has been disconnected for non—payment of service prior to notification of eligibility by the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county department of social services any Basic Program payment received by the vendor on behalf of the eligible household. 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 Sligihle 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, 1986 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 bya 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; • 12. All funds due to the County Department shall be returned to the County Department no later than August 15, 1986; 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. e •• Page 5 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, 1985 through April 30, 1986 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. 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. 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. • Page 6 IV. General Provisions a. The term of this Agreement shall be through September 30, 1986. 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. FUEL VEND R CHAIRMAN, COUNTY COMMISSIONERS S ""�' gnat, e M. J. Geile Vice President & Gen. Mgr. JACQUELINE JOHNSON, CRATPj+lA Name and Title (Printed or Typed) Name and Title Home Light and Power Company P.O. BOX 758 Company or Business Name Address Greeley. CO 80632 GREELEY, COLORADO 80632 CITY zipcode CITY, zipcode October 2, 1445 DATE DATE 1n , G • D=2 •-L�-L ern tiSv� _ y O.:_rty Clerk Attachment C LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT - 0 4th December 198 by and between the Agreement made this day of acting by and through the Board of County Commissioners of (County) County Department of SocialVServi�c�esso P.O. Box 96 Wiggins, CO 80654 and (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. Secondaryheating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels . 4 _ e A 1 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 heatinghcosts 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 up to two secondary heating sources, for the period of November 1, 1984 through April 30, 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, 1984 through April 30, 1995. k. "Program Year" means from November 1, 1985 to April 30, 1986. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is February 1, 1986 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. 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; - t . 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; 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 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 th-t vendor a medical certificate signed by a licensed ph,; ;ician 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. Page 4 • 10. In the event services cannot be delivered by the vendor because the eligible household has been disconnected for non—payment of service prior to notification of eligibility by the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county department of social services any Basic Program payment received by the vendor on behalf of the eligible household. I1. (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 to 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, 1986 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, 1986; 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. s L, • Page 5 21. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide ass-istance 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, 1985 through April 3d, 1986 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. 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. 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 ali 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. Page 6 IV. General Provisions a. The term of this Agreement shall be November 1,'85through September 30, 1986. . • • b. This Agreement is subject to and contingent upon the continuing I 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 witnout 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. FUEL VENDOR CHAIRMAN, COUNT'{ COMMISSIONERS e p\� \ 1 � &i.O.C.Ckhut‘tuv\- eracsi\-,_Signatuj• gnat e . GArea Manager JACQUELINE JOHNSON, CHAIRMAN Name and Title (Printed or Typed) Name and Title VANGAS, INC. P.O. BOX 758 Company or Business Name Address . Wiggins , CO 80654 GREEELEY, COLORADO 80632 CIT10,-23-85 zipcode CITY, zipcode DATE DATE a Y .U77- Ld o-.4- • - ry ._„_:n y C erk Attachment C LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) • VENDOR AGREEMENT 428 Snrd 4 Agreement made this & day of Lido b r z , 198 by and between the Board of County Commissioners of acting by and through the _ (County) • County Department of Social Services and TOIr OF 'J NN Pte. IBC' 17L Nun, COURADO 806/88 (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 . 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-10th) . 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 up to two secondary heating sources, for the period of November 1, 1984 through April 30, 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, 1984 through April 30, 1985. k. "Program Year" means from November 1, 1985 to April 30, 1986. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is February 1, 1986 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. 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 cred,ited•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; 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 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. s Page 4 10. In the event services cannot be delivered by the vendor because the eligible household has been disconnected for non—payment of service prior to notification of eligibility by the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county . department of social services any Basic Program payment received by the vendor on behalf of the eligible household. 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, 1986 upon the Eligible Household' s request. 16. In the event that service cannot or will not be delivered by ,r 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, 1986; 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. 1 • Page 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, 1985 through April 30, 1986 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. - 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. 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. 4 Page 6 • IV. General Provisions a. The term of this Agreement shall be _ through September 30, 1986. 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. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS Signature ,� a.gnatu n,� JACQUELLNE JOHNSON, CHAIRMAN Name and Ti e Printed or Type Name and Title ZILM.UI4/111 r j a- ( g� S P.O. BOX 758 Company or Business Name Address I��&Zvi fa 6 S GREELEY, COLORADO 80632 CITY zipcode CITY, zipcode io/G �1 DATE _ DATE • �i. C_a❑iy Clerk I Page 220 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) �/ VENDOR AGREEMENT Agreement made this ,'J day of 0_, �JC/It 1983 by and between the Board of County Commissioners of WELD acting by and through the (County) County Department of Social Services and_ • F/2?/ifZQ GAS / /9/ Of' P.C. BOX 447 BRIGHTON, COLORADO 8O60T / 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 d4 ire 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 . Page 2 Page 221 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 up to two secondary heating sources, for the period of November 1, 1984 through April 30, 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, 1984 through April 30, 1985. k . "Program Year" means from November 1, 1985 to April 30, 1986. 1 . "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1 , 1985 through January 31, 1986. The second eligibility period is February 1, 1986 through April 30, 1986. 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 . 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 Page 222 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; 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 . 9. The vendor will not terminate utility services of a household approved for the Basic program payment 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. • Page 4 Page 223 10. In the event services cannot be delivered by the vendor because the eligible household has been disconnected for non—payment of service prior to notification of eligibility by the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county department of social services any Basic Program payment received by the vendor on behalf of the eligible household. 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, 1986 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, 1986; 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. • • Page 5 Page 224 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, 1985 through April 30, 1986 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. 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. 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 charges in applicable law or regulations . • Page 6 Page 225 IV. General Provisions a. The term of this Agreement shall be through September 30, 1986. 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. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS C-41/4e Signature (Ignatu Jacque{;ne Johr•so^ C.hairma-; Name an Title� ((P�rirfted or Typed) Name and Title ) _ 4)ys +�C °l a? qAar) P.4. Row 75A Company or Business Name Address .ED,;ch � r � '�6 / Greeley, Colorado 80632 ,510. z.,/ //-jsigratfe CITY zipcode DATE / DATE AND -ECORDER Attachment C s LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT � "" � ((��rr17� Agreement made this Z3 day of ettisi '-' , 1985 by and bettwe rYP� Board of County Commissioners of acting by and through the (County) County Department of Social Services and EMPIRE GAS CO. P.O. Box 417 tree er., Colorado 80601 (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. . 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 seas_on.to be .used as an estimate or projectiop thtanticipated 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 up to two secondary heating sources, for the period of November 1, 1984 through April 30, 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, 1984 through April 30, 1985. k. "Program Year" means from November 1, 1985 to April 30, 1986. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is • February 1, 1986 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. 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. 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; 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 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 Page 4 10. In the event services cannot be delivered by the vendor because the eligible household has been disconnected for non—payment of service prior to notification of eligibility by the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county - department of social services any Basic Program payment received by the vendor on behalf of the eligible household. • 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, 1986 upon the Eligible Household' s request. 16. In the event that service cannot or will not be delivered by the Vendor to the Housahold, 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, 1986; 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. • Page 5 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 betialf 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, 1985 through April 30, 1986 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. 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. 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 . Page 6 IV. General Provisions a. The term of this Agreement shall be through September 30, 1986. . . 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. FUEL V 0 . Tr CHAIRMAN, COUNTY COMMISSIONERS?iP%tu re' agnatu - . 1---C co-ed X- 4 M c:-C(d 417r - JACQUELINE JOHNSON, r.FO TRM N Name and Title (Printed or Typed) Name and Title "44 p{ v fiS CO . P.O. BOX 758 Company or Bflsiness Name Address (,r—r-f ( P y e63 GREELEY, COLORADO 80632 CITY j zipcode CITY, zipcode _ DATE DATE G,,. OAS O OF GREPt =Ydri /Ili CIANIA.fWIACAWW. i'. _ i s ,Y_L '.' 3 8c539 v. , ," :3 RECORDER �,YI y 1 Attachment C LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) • VENDOR AGREEMENT Agreement made this ..3C) day of CO G7 198.5 :385 QC by and between the ;335°C7 3T , Board of County Commissioners of acting by and through the (County) County Department of Social Services and AGLAND INGS P.C. BOX 338, Eaton, Colorado 80615 (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. 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-lit 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 up to two secondary heating sources, for the period of November 1, 1984 through April 30, 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, 1984 through April 30, 1985. • k. "Program Year" means from November 1, 1985 to April 30, 1986. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is February 1, 1986 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. 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. 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; 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 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. Page 4 10. In the event services cannot be delivered by the vendor because the eligible household has been disconnected for non—payment of service prior to notification of eligibility by the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county . department of social services any Basic Program payment received by the vendor on behalf of the eligible household. 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, 1986 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, 1986; 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. • • Page 5 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, 1985 through April 30, 1986 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. . 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 immediatPiermination 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. 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. Page 6 IV. General Provisions • a, The term of this Agreement shall be through September 30, 1986. • 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 Stateor 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. FUEL VENDOR CHAIRMAN, COUNTY,COiMMISSIONERS 17 \ , . Signatdre S gnaw e Cj2.,ir 7/ ' i-e;7 (7>`-P),7 /fin"4fl'Y JACQUELINE JOHNSON, CHAIRMAN Name and Title (Printed or Typed) Name and Title ��C� ✓O P.O. BOX 758 Company or Business Name Address 7/.?-7-0 Gex/S GR.F,,j,EY'.'• {1Q?,QRADO ?,OEia7 CITY (^/ 5---C y' zipcode CITY, zipcode LL// J 9 / /`7 G c CATE - DATE r lO uc nnn1�CLIIACA.,lni Attachment C LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) • • VENDOR AGREEMENT Agreement made this //57— day of .4,1* Cd& c , 198S-by and between the iC8f4-fo{� l Board of County Commissioners of acting by and through the E&-v (County) County 'Department of Social Services and ROCKY MOUNTAIN NATURAL GAS CO. P.O. Bojc 1$37 Frederick. Cn1 crsde Rf153p (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. 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 projeFtigQ pf 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 up to two secondary heating sources, for the period of November 1, 1984 through April 30, 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, 1984 through April 30, 1985. k. "Program Year" means from November 1, 1985 to April 30, 1986. I. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is February 1, 1986 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. TT. 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; a 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; 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 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 ,_d cAr," , .,� ._..,,•:.� F-,, ,,<nk.- e Y L Page 4 • 10. In the event services cannot be delivered by the vendor because the eligible household has been disconnected for non—payment of service prior to notification of eligibility by the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to county . department of social services any Basic Program payment received by the vendor on behalf of the eligible household. 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, 1986 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, 1986; 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. • Page 5 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, 1985 through April 30, 1986 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. The State and County Departments reserve the right to audi't 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. 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. Page 6 IV. General Provisions �J /�j a. The term of this Agreement shall be /v 1,/ /! l .(cthrough September 30, 1986. - • 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. Lre FUEL !ND. CHAIRMAN, COUNTY COMMISSIONERS nat ) VII C-E /e£5l.D E- '1 JACQUELINE J0HIS0N, CHAIRMAN N me and Title/(� (Printed or Typed)1Name and Title e c,c v /-J p o,✓rH"✓ /vi9TJJESL D,v. BOX 758 Company or Business Name Address �- v GREELEY, COLORADO 80632 'r,Q C.e« K 6� - CITY zipcode CITY, zipcode DATE DATE • ., :•.::: `Of2DER __ &.-2 ,E22c�ce/ Attachment C LOW--INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT ' Agreement made this / day of `/O`J� , 198 by and between the Board of County Commissioners of acting by and through the (County) s County Departure t of cial Sery jes and 6 28s,. 2/ g 00 1L < (Vend r name and a dress) C' (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 WHEP-AS, 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. i'County Department" means the County Department of Social Services. d . "Non—Bulk Fuel" is an energy source for hone 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. "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 up to two secondary heating sources, for the period of November 1, 1984 through April 30, 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, 1984 through April 30, 1985. k . "Program Year" means from November 1, 1985 to April 30, 1986. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is February 1, 1986 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. 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 (1..0) 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; 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 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. Page 4 • 10. In the event services cannot be delivered by the vendor because the eligible household has been disconnected for non—payment of service prior to notification of eligibility by the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county department of social services any Basic Program payment received by the vendor on behalf of the eligible household . 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, 1986 upon the Eligible Household' s request. X16 . 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, 1986; 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. • • • Page S • 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 earn Eligible Household, the balance of available benefits and fuel costs . All records shall be maintained far a period of 3 year3 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, 1985 through April 30, 1986 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. 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. 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. Page 6 IV. General Provisions i a. The term of this Agreement shall be %=° 0C-7-- through September 30, 1986. 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 ail licenses , insurance, etc. , required by law for the provision of services hereunder. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS Si nature gnat 'e L) V /��d dax ----fVtS Jacqueline Johnson, Chaitnan _ Name and Title (Printed(Pr or Typed) Name and Title r1dYf e rQ G P.O. Box 758 Company or Business Name Address •/ - c a S°°' zz Greeley. Colorado 80632 CITY zipcode CITY zipcode • G DATE DATE • . /n� -1--ATTEST^&.�� CCttA,,,` Q'£&?'. (0 cl Weld County Clerk and Recorder and Clerk to the Roard;-"T. y , , BY; erifi---121 :a_,2 L. i - uty County Clerk Lf RESOLUTION RE: APPROVE REGIONAL HEALTH SERVICES AGREEMENT BETWEEN WELD COUNTY HEALTH DEPARTMENT AND LARIMER COUNTY HEALTH DEPARTMENT AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, a Regional Health Services Agreement between the Weld County Health Department and the Larimer County Health Department has been presented to the Board for approval, and WHEREAS, the term of said Agreement is from July 1 , 1985 through June 30 , 1986 , and WHEREAS, the further terms and conditions are as stated in the Agreement, a copy being attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it advisable to approve said Agreement_ NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Regional Health Services Agreement between the Weld County Health Department and the Larimer County Health Department be, and hereby is, approved, BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Agreement. Page 2 RE: REGIONAL HEALTH SERVICES AGREEMENT The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985 , nunc pro tunc July 1 , 1985. �} BOARD OF COUNTY COMMISSIONERS ATTEST: °�� `'v` � 'v WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Ja qq eline Johnson, Chairman J Gene R. Bran ner,STem puty County Cl k EXCUSED APPRO D AS TO FORM: C.W. K r v County Attorney Frai c amag i r REC�'v `,^�D AGREEMENT FOR REGIONAL SERVICES 1 1 1985 Weld County Health Department and nit , Larimer County Health Department S The following agreement describes services to be provided by Weld County Health Department and Larimer County Health Department on a regional basis for the period starting July 1 , 1985 to June 30, 1986. General 1 . Meetings, at least quarterly, between members of the two health departments will be held to discuss progress and effectiveness of this regional effort. 2. Efforts will be made to develop joint educational programs for personnel for the two departments, cooperating in educational programs of other counties such as Boulder and in arranging programs with the Centennial Area Health Education Council. Environmental Health The shared regional services in environmental health are: • 1. Larimer County Health Department, when requested, will be prepared to provide the following technical services to Weld County Health Department: insect and rodent training and consultation, industrial hygiene training and consultation, and other areas. 2. Weld County Health Department, when requested, will be prepared to provide Larimer County Health Department with consultations, training, and services in the following areas: processing and analysis of potable water samples; monitoring natural waters for pollutants within available resources; water sample, groundwater contamination and field soils training ; and laboratory support for emergency epidemiological studies. The Larimer County Health Department will reimburse quarterly on a cost basis the Weld County Health Department for laboratory services. The amount will not exceed $2,500 for this fiscal year. The amount paid for the next fiscal year, July 1., 1986 to June 30, 1987 will be negotiated. 3. Loaning oft:environmental equipment between the two departments is encouraged. • 4. The two departments work cooperatively on regional air and water problems. Air and water quality problems are similar because both counties are located in the same geographical area, share the same rivers and streams, and have similar industries and farming activities. 5. The two departments will provide environmental health services to one another during disasters and environmental emergencies: j f Community Health Services 1. Program information, procedures and protocols will be shared when requested. 2.t tlte�tee P3tfttion. a 2 �s . The shared regional services in health education are: -r e!n., ,- a. Workshops for public school teachers and health professionals will beialgveloped and presented for continuing education and ev+ edit. Sites for the workshops will be selected in the 9Tf two counties. b. Exchange of inservices for personnel of the two health departments will be arranged through the health education programs. These inservices will utilize resources from both counties. Presentation sites will be utilized in both counties. c. Educational materials will be shared by the two departments. A concerted effort will be made to encourage communication and cooperative fagreements, contingent on staff availability. , ar-V--- / /5A-- i Date Date LA (/� Ij 0UN/1X HEM'/ �� P ENT WELD Ti HEALTH DEPARTMENT (��1]l LJ/J,l//l it 'cam te. Robert W. Sherwood, M.D. Ralph R. Wooley, M.D. Director Director 6 \x`(11 . ._ - a- Comrnic.s'.cners t."7: 1 /11,1 y-. 1) RESOLUTION RE: APPROVE CONTRACT BETWEEN THE WELD COUNTY HEALTH DEPARTMENT, FAMILY PRACTICE RESIDENCY PROGRAM AND NORTH COLORADO MEDICAL CENTER 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 Weld County Health Department has presented the Board with a Contract whereby the Family Practice Residency Program will provide resident physicians to participate in the Health Department Clinics, and WHEREAS, the term of said Contract is from January 1 , 1986, through December 31 , 1986 , with the further terms and conditions being as stated in the Contract, a copy being attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it advisable to approve said Contract. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract between the Weld County Health Department, Family Practice Residency Program and North Colorado Medical Center 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 4th day of December, A.D. , 1985 . \-911 /? BOARD OF COUNTY COMMISSIONERS ATTEST: w�w� v WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Ja eline Johnson, Chairman taikter BY: o71C4Xrco , . arc . Gene R. Brantner, Pro-Tem Deputy County C erk EXCUSED APPROVED AS TO FORM: C.W. K r c7" a County Attorney i Franc Yamaguc _ 1 CONTRACT FOR SERVICES OF RESIDENT PHYSICIANS FROM THE FAMILY PRACTICE RESIDENCY PROGRAM THIS AGREEMENT, made and entered into this day of , 19 , nunc pro tunc 19 , by and between THE WELD COUNTY HEALTH DEPARTMENT, 1516 Hospital Road, Greeley, Colorado 80631 , hereinafter called "Health Department, " and the FAMILY PRACTICE RESIDENCY PROGRAM 1801 16th Street, Greeley, Colorado 80631-5199, hereinafter called "Family Practice, " and NORTH COLORADO MEDICAL CENTER, hereinafter called the "Hospital. " WITNESSETH: WHEREAS, Family Practice desires to have its resident physicians obtain experience in clinics which are sponsored by Health Department, and WHEREAS, Health Department wishes to allow such resident physicians to participate in Health Department' s Clinics, and WHEREAS, the Hospital wishes that the program be funded from property taxes previously earmarked for capital construction, and WHEREAS, Health Department, Hospital, and Family Practice have entered into this Agreement in order to define the rights and obligations of the parties hereto. NOW, THEREFORE, for and in consideration of the premises and mutual agreements hereinafter contained, the parties hereto agree as follows: 1 . Term of Agreement. The term of this Agreement shall be from January 1 , 1986 , to and until December 31 , 1986. 2 . Duties of Family Practice' s Resident Physicians. Family Practice ' s resident physicians shall attend certain clinics sponsored by Health Department on a weekly basis. Said resident physicians shall perform all necessary tasks which are required of physicians at said clinics. 3 . Qualifications of Resident Physicians. All resident physicians participating in the program with Health Department under this Agreement shall meet all minimum qualifications for such residents as required by the State of Colorado. 4 . Duties of Health Department. In return for the services set forth above, Health Department agrees to pay Family Practice on a monthly basis, for hours actually worked by said resident physicians and fees for laboratory services. The rate per hour and clinic fees shall be as specified in Exhibit "A. " Any Page 1 of 3 Pages services provided by Family Practice or ;Hospital not in Exhibit "A" shall be the standard fee provided to other patients by either party. The maximum hours which can be claimed per week are as follows: The maximum payment for services of resident physicians and laboratory services to Family Practice and Hospital by Health Department shall not exceed $105 ,825. 00 per year. All payments shall be paid monthly. Any amount in excess of $105,825 . 00 shall be by a signed amendment to this Agreement only. 5 . Unemployment Compensation, Workman ' s Compensation, Malpractice Insurance. The responsibility for providing unemployment compensation and workman ' s compensation pursuant to Colorado law for said resident physicians shall be Family Practice' s and shall in no way be the responsibility of Health Department. Family Practice and Hospital are responsible for making sure that said resident physicians are fully insured for any and all malpractice claims which may arise out of the participation of said resident physicians in Health Department sponsored clinics. 6 . Indemnification. Family Practice and Hospital hereby agree to indemnify Health Department from any and all liability, loss, or damage Health Department may suffer as a result of claims, demands, costs, or judgments against it arising out of the participation of said resident physicians or their supervisors in Health Department sponsored clinics. 7. Non-Assignment. Family Practice, Hospital , and Health Department agree that this is a personal services contract and such contract is not assignable without the advance written consent of either Health Department or Family Practice. 8 . Emploxee Status. The parties hereto agree that the resident physicians are not employees of Weld County or the Weld County Health Department, but are participants in the residency program at Family Practice. 9 . Any amount less than $105 ,825 .00 paid under this Contract shall be applied to subsequent contracts or paid into the • Hospital Capital Fund at year end. 10. Hospital agrees to a reduction of property tax levied by the Board of County Commissioners of Weld County equal to the $105 ,825 .00 , with the understanding that should this Contract not be renewed in future years, the County shall consider the $105 ,825 as part of the Hospital Capital Fund's base amount for tax levying purposes. 11 . Amendments. Changes or adjustments to this contract, if required, shall be made in writing upon the mutual agreement of both parties. Page 2 of 3 Pages IN WITNESS WHEREOF , the parties have caused this Agreement to be duly executed as of November 12 , 1985 , but this Agreement shall be in effect from January 1 , 1986 WELD COUNTY HEALTH DEPARTMENT By: • tf..) R. R. Wooley, M. , M. P.F.. Medical Director '711 J�,,_�"_' - •i BOARD OF COUNTY COMMISSIONERS ATTEST: �� ti WELD COUNTY, COLORADO Weld County Clerk and Recorder By- and Clerk to the Board '\:,219cque 'ne Jo n on , Chairman BY• L%7?4rn-<-ei eputy County Jerk FAMILY PRACTICE RESIDENCY PROGRAM By - Le- Joe: F rguson, Mp.)tJ Direc-$or rJ SUBSCRIBED AND SWORN to before me this 15th day of November , 1985. WITNESS my hand and official seal_ Notary P lic My commission expires : March 17, 1986 NORTH COLORADO MEDICAL CENTER ATTTES'L• BY 4i Page 3 of 3 Pages .; • FAMILY PRACTICE RESIDENCY PROGRAM CONTRACT ATTACHMENT A This statement Is to accompany the contract between the Weld County Health Department and the Family Practice Residency Program. It is understood by both the director of the Family Practice Residency Program and the director of the Weld County Health Department that should the amount of money for laboratory work not be adequate, the Family Practice Residency Program will not be expected to provide any further tests unless additional monies are allocated according to paragraph 11 of the contract. tFV LI',-) k - ' - 12- b5 Joe ,RA Ferguson,. D. ) Date It /1- 12 --kS Ralph . Wooley, M.D. Date RESIDENT PROGRAM SERVICES Residents $20/hr X 2 = $40/hr Instructor $35/hr = 35/hr $75/hr 10 hrs/week at $75/hr = $750 $750 X 52 weeks = $ 39,000 40 hrs/year updating protocols, coordinating clinical/administrative work, directing family practice business with Health Dept. , etc. (some overtime work) $60/hr X 40 hrs = 2,400 Deliveries $300 ea X 120 = 36,000 Newborn Visits $50 ea X 120 = 6,000 Total Cost of Above Services $ 83,400 LABORATORY SERVICES Antibody Screenings $9.00 ea X 150 = $ 1,350 Complete Blood Count (CBC) $7.50 ea X 150 = 1,125 Ultrasounds $165 ea X 70 = 11,550 Non—Stress Tests $65 ea X 70 = 4,550 Herpes Cultures $30 ea X 20 = 600 SCOTS $I5 ea X 50 = 750 Miscellaneous Lab work for special cases = 2,500 Total Lab Work $ 22,425 TOTAL LAB AND SERVICES $105,825 t AR203S557 RESOLUTION CN+ o U RE: GRANT EXTENSION OF OIL AND GAS LEASE TO FAIRWAY ENERGY CORPORATION rI o U WHEREAS, the Board of County Commissioners of Weld County, as Colorado, pursuant to Colorado statute and the Weld County Home o g Rule Charter, is vested with the authority of administering the c affairs of Weld County, Colorado, and w WHEREAS, Weld County, Colorado, is the holder of a certain o Oil and Gas Lease currently held by Fairway Energy Corporation, which expired December 1 , 1985 , and koa M •• ta WHEREAS, said lease covers land more particularly described o x as follows: Section 8 , Greeley Third Line Barnesville co North Railroad over and across the W#E1/2, cq H Township 7 North, Range 63 West of the 6th N P.M. , Weld County, Colorado WHEREAS, Fairway Energy Corporation has submitted a letter of request that the Board of County Commissioners grant an extension La 14 infr, of said Oil and Gas Lease for drilling purposes, and a, o z WHEREAS, pursuant to Weld County' s policy concerning the o extension of Oil and Gas Leases, Fairway Energy Corporation has submitted Two Hundred Forty-Three and 10/100 Dollars ($243 . 10) , representing Ten Dollars ($10 .00) per acre minimum bonus and One Dollar ($1 .00) per acre rental, and 'n rn � ooh WHEREAS, the Board deems it appropriate to extend the Oil and el o Gas Lease with Fairway Energy Corporation to June 1 , 1986 . P: u NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the extension of the Oil and Gas Lease with Fairway Energy Corporation to June 1 , 1986 , on the hereinabove described parcel be, and hereby is, granted. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said letter of request from Fairway Energy Corporation. :�' 7 Page 2 RE: EXTENSION OF LEASE - FAIRWAY ENERGY CORP. N o Q 0 N The above and foregoing Resolution was, on motion duly made o and seconded, adopted by the following vote on the 4th day of o December, A.D. , 1985 . a ow 0 n %-7i • BOARD OF COUNTY COMMISSIONERS o a ATTEST:‘1714 R 1 d4,,,t_r`2;,:2^c% &r,/ WELD COUNTY, COLORADO in-C4Gl. Zr a Weld Cog y1 nd• Recorder EXCUSED DATE OF SIGNING - AYE o and Cle �; Ja eline Johnson, Chairman a; `a BY fr?T' rl�� Gene R. Brantner, -Tem ox eputy" Cdu,1nit rk w / EXCUSED M v APPROVED AS TO FORM: C.W. K1 V, N z �� m id G Lac coE '�%ii f •✓ County" Attorney r n ` Fra am t .n w • w m2 oz N r� I% rz u) c> u� o • o w RESOLUTION RE: GRANT MOBILE HOME PERMIT NO. 1109 - BEN BEIERLE 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 Weld County, Colorado, on the 4th day of December, 1985 , considered the request of Ben Beierle for a mobile home to be used as a principal dwelling, and WHEREAS , said mobile home is to be occupied in an A-Agricultural Zone District on a parcel of land being more particularly described as follows: Lot 3 , Block 47 , Aristocrat Ranchettes Subdivision, Second Filing, Weld County, Colorado WHEREAS, the Board of County Commissioners, having heard t the testimony, finds that said request should be granted subject to the following conditions: 1) The applicant shall apply for a building permit for the mobile home within thirty days from the date of approval by the Board of County Commissioners; 2) A septic permit shall be obtained prior to the issuance of a building permit; and 3) The mobile home shall not be occupied until such time that the applicant has complied with the above mentioned conditions. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Ben Beierle for permission to place a mobile home to be used as a principal dwelling on the above described parcel of land, which was found to be in compliance with Section r ra of the sWeld d to County Zoning Ordinance, be, and hereby is, granted hereinabove listed conditions. Page 2 RE: ZPMH #1109 - BEIERLE The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985 . n �• • BOARD OF COUNTY COMMISSIONERS ATTEST:‘1710_4_.1/2% (0i,r,v� ( �,,,,,,Chw.r.ei'`,;jm, WELD COUNTY, COLORADO v' Weld County Clerk and Recorder EXCUSED DATE OF SIGNING (AYE) and Clerk to the Board Ja ueline Johnson, airman gat \B'Y-:.Tic'771-121-cq ,/ Gene R. Brantner, Pro-Tem geputy County lerk / EXCUSED APPROVED AS TO FORM: C.W. K ' GO C County Attorney Fra c Yam gu RESOLUTION RE: ACTION OF THE BOARD CONCERNING VIOLATION OF THE WELD COUNTY ZONING AND BUILDING CODE ORDINANCES - LARRY AND IRENE PEVLER WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Planning Services has informed the Board of County Commissioners that Larry and Irene Pevler are in violation of Sections 31 .2 .6 and 43 of the Weld County Zoning Ordinance, mobile home without proper permits, and Section 70 of the Weld County Building Code Ordinance, mobile home building permits required, and WHEREAS, the property on which said violations are occurring is described as Lot 7 , Block 38 , Aristocrat Ranchettes Subdivision, Weld County, Colorado, and WHEREAS, despite repeated requests, said violations have not been corrected, and WHEREAS, the Board, after reviewing the matter and having heard the testimony, deems it appropriate to allow Larry and Irene Pevler until December, 18, 1985 , to be in compliance, and WHEREAS, the Board deems it advisable that if they are not not in compliance by December 18 , 1985 , this matter shall be referred to Thomas O. David, Weld County Attorney, for appropriate legal action. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Larry and Irene Pevler be, and hereby are, allowed until December 18 , 1985 , to correct said violations of the Weld County Zoning and Building Code Ordinances. BE IT FURTHER RESOLVED by the Board that if said violations are not corrected by December 18 , 1985 , this matter shall then be referred to Thomas O. David, Weld County Attorney, to proceed with appropriate legal action against Larry and Irene Pevler, any other persons who may be occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with them, to remedy the violation of the Weld County Zoning and Building Code Ordinances. Page 2 RE: ZONING AND BUILDING CODE VIOLATIONS - PEVLER The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985 . BO?.RD OF COUNTY COMMISSIONERS ATTEST: :1ry( „4,,,.4 b.sp/ i v:T,LD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board J , ue�/lliine J7ohnson, Chairman u l a7 °J t ene R. Brantner, Pro-Tem /Deputy County erk / EXCUSED APPROVED AS TO FORM: C.W. K r o L cy County Attorney Franc Yama uc RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CONRAD AND ALICE LaROSE AND MIKE SCHESSER FOR VIOLATIONS OF THE WELD COUNTY ZONING AND BUILDING CODE ORDINANCES WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Planning Services has informed the Board of County Commissioners that Conrad and Alice LaRose and Mike Schesser are in violation of Sections 31 .2 . 16 and 43 of the Weld County Zoning Ordinance, mobile home without proper permits, and Section 70 of the Weld County Building Code Ordinance, mobile home building permits required, and WHEREAS, the property on which said violations are occurring is described as Lot 1 , Block 35 , Aristocrat Ranchettes Subdivision, Weld County, Colorado, and WHEREAS, despite repeated requests , said violations have not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against Conrad and Alice LaRose and Mike Schesser to correct said violations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against Conrad and Alice LaRose and Mike Schesser, any other persons occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with them, to remedy the violations of the Weld County Zoning and Building Code Ordinances. Page 2 RE: ZONING AND BUILDING CODE VIOLATIONS - LaROSE AND SCHESSER The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985 . • BOARD OF COUNTY COMMISSIONERS ATTEST: � lCuc� U/1" i C, ,;,:ary WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Ja eline Johnson, Chairman NN'X ��r � QJ Gene R. Brantner, Pro-Tem Deputy County C erk � EXCUSED APPROVED AS TO FORM: C.W. Kirb - j 7 a Go o acy / County Attorney a RESOLUTION •I RE: ACTION OF THE BOARD CONCERNING VIOLATION OF THE WELD COUNTY ZONING AND BUILDING CODE ORDINANCES - ELMO AND HAZEL HODGES AND JOHN AND NORMA HOGARTH WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Planning Services has informed the Board of County Commissioners that Elmo and Hazel Hodges and John and Norma Hogarth are in violation of Sections 31 .2 . 6 and 43 of the Weld County Zoning Ordinance, mobile home without the proper permits, and Section 70 of the Weld County Building Code Ordinance, mobile home permits required, and WHEREAS, the property on which said violations are occurring is described as Lot 6 , Block 39 , Aristocrat Ranchettes Subdivision, Weld County, Colorado, and WHEREAS, despite repeated requests, said violations have not been corrected and WHEREAS, the Board, after reviewing the matter and having heard the testimony, deems it appropriate to allow Elmo and Hazel Hodges and John and Norma Hogarth until February 3 , 1986 , to apply for the necessary permits, and WHEREAS, the Board deems it advisable that if application for the necessary permits has not been made by February 3 , 1986, this matter shall be referred to Thomas O. David, Weld County Attorney, for appropriate legal action. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Elmo and Hazel Hodges and John and Norma Hogarth be, and hereby are, allowed until February 3 , 1986 , to apply for the necessary permits. BE IT FURTHER RESOLVED by the Board that if said violations are not corrected by February 3 , 1986 , this matter shall then be referred to Thomas O. David, Weld County Attorney, to proceed with appropriate legal action against Elmo and Hazel Hodges and John and Norma Hogarth, any other persons who may be occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with them, to remedy the violations of the Weld County Zoning and Building Code Ordinances. Page 2 RE: ZONING AND BUILDING CODE VIOLATIONS - HODGES AND HOGARTH The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985. `� �- BOARD OF COUNTY COMMISSIONERS ATTEST: � ' {Cc.“% t(� Tat'/-�-Wr-• WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Ja eline Johnson, Chairman raetAt 6yt��Ih c v ucJ Gene R. Brantner, Pro-Tem eputy County C rk EXCUSED APPROVED AS TO FORM: C.W. Ki b 7 449'At County Attorney / Fra Yamaguch RESOLUTION RE: ACTION OF THE BOARD CONCERNING VIOLATION OF THE WELD COUNTY ZONING ORDINANCE - TOMMY AND CAROLINE RAEL WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Planning Services has informed the Board of County Commissioners that Tommy and Caroline Rael are in violation of Sections 31 .2. 15 and 43 of the Weld County Zoning Ordinance, mobile home without the proper permits, and WHEREAS, the property on which said violation is occurring is described as Lot 5 , Block 2 , Jo-Ann Subdivision, Weld County, Colorado, and WHEREAS, despite repeated requests, said violation has not been corrected, and WHEREAS , the Board, after reviewing the matter and having heard the testimony, deems it appropriate to allow Tommy and Caroline Rael until February 3, 1986 , to removed the mobile home and WHEREAS, the Board deems it advisable that if said mobile home is not removed by February 3 , 1986 , this matter shall be referred to Thomas O. David, Weld County Attorney, for appropriate legal action. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Tommy and Caroline Rael be, and hereby are, allowed until February 3 , 1986 , to remove the mobile home from the subject property. BE IT FURTHER RESOLVED by the Board that if said violation is not corrected by February 3 , 1986 , this matter shall then be referred to Thomas O. David, Weld County Attorney, to proceed with appropriate legal action against Tommy and Caroline Rael, any other persons who may be occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with them, to remedy the violation of the Weld County Zoning Ordinance. • Page 2 RE: ZONING VIOLATION - RAEL The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985. -ATTEST: / fly .y � BOARD OF COUNTY COMMISSIONERS i a e v WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Ja eline Johnson, Chairman =ene R. Brantner, Pro-Tem Deputy County erk EXCUSED APPROVED AS TO FORM: C.W. Ki .b3r C /�f/( U .��(�. Gt� Gc .:►��`y:r•. Lac • County Attorney Frank Yamaguc ' 7 RESOLUTION RE: ACTION OF THE BOARD CONCERNING VIOLATION OF THE WELD COUNTY ZONING ORDINANCE - LARRY MOWERY WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Planning Services has informed the Board of County Commissioners that Larry Mowery is in violation of Sections 31 .2. 16 and 43 of the Weld County Zoning Ordinance, mobile home without permits, and WHEREAS, the property on which said violation is occurring is described as Part of the SEa, Section 27, Township 2 North, Range 64 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, despite repeated requests, said violation has not been corrected, and WHEREAS, the Board , after reviewing the matter and having heard the testimony, deems it appropriate to allow Larry Mowery until December 18 , 1985 , to submit the proper application, and WHEREAS, the Board deems it advisable that if said application has not been submitted by December 18, 1985, this matter shall be referred to Thomas O. David, Weld County Attorney, for appropriate legal action. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Larry Mowery be, and hereby is, allowed until December 18 , 1985 , to submit the proper application. BE IT FURTHER RESOLVED by the Board that if said violation is not corrected by December 18 1985 , this matter shall then be referred to Thomas O. David, Weld County Attorney, to proceed with appropriate legal action against Larry Mowery, any other persons who may be occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with him to remedy the violation of the Weld County Zoning Ordinance. Page 2 RE: ZONING VIOLATION - MOWERY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS • ATTEST: 1 L' WELD COUNTY, COLORADO • i I! Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board ABrdS4 -Tern ine Johnson, Chairman / i /e-7Y1r- C.�i it) )eputy County rk EXCUSED APPROVED AS TO FORM: C.W. Ki by • 1 Gs4 . Lacy County Attorney • • Frank Yamagu,/i RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST ALEX J. MILLER AND MR. AND MRS. STEPHENS FOR VIOLATION OF THE WELD COUNTY ZONING ORDINANCE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Planning Services has informed the Board of County Commissioners that Alex J. Miller and Mr. and Mrs. Stephens are in violation of Section 31 . 5.4 of the Weld County Zoning Ordinance, noncompliance of animal units, and WHEREAS, the property on which said violation is occurring is described as Lot 3 , Block 40 , Aristocrat Ranchettes Subdivision, Weld County, Colorado, and WHEREAS, despite repeated requests, said violation has not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against Alex J. Miller and Mr. and Mrs. Stephens to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against Alex J. Miller and Mr. and Mrs. Stephens, any other persons occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with them, to remedy the violation of the Weld County Zoning Ordinance. Page 2 RE: ZONING VIOLATION - MILLER AND STEPHENS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D_ , 1985 . '- BOARD OF COUNTY COMMISSIONERS ATTEST: / &-y. G;A,...Ci l/Cc&,- , WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board & &er, eline Johnson, Chairman \Y: '-777co i , Pro-Tem D puty County C r� k EXCUSED APPROVED AS TO FORM: C.W. Ki b , G d'r"i`V La County Attorney Fran'` am amagugu i RESOLUTION RE: ACTION OF THE BOARD CONCERNING VIOLATIONS OF THE WELD COUNTY ZONING AND BUILDING CODE ORDINANCES - LEONE C. ROSEBERRY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Planning Services has informed the Board of County Commissioners that Leone C. Roseberry is in violation of Sections 31 .2 .16 and 43 of the Weld County Zoning Ordinance, mobile home without permits, and Section 70 of the Weld County Building Code Ordinance, mobile home building permits required, and WHEREAS, the property on which said violations are occurring is described as Part of the SEe, Section 22 , Township 8 North, Range 65 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, despite repeated requests, said violations have not been corrected, and WHEREAS, the Board, after reviewing the matter and having heard the testimony, deems it appropriate to allow Leone C. Roseberry until December 18 , 1985 , to correct said violations, and WHEREAS, the Board deems it advisable that if said violations have not been corrected by December 18 , 1985 , this matter shall be referred to Thomas O. David, Weld County Attorney, for appropriate legal action. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Leone C. Roseberry be, and hereby is, allowed until December 18 , 1985 , to correct said violations of the Weld County Zoning and Building Code Ordinances. BE IT FURTHER RESOLVED by the Board that if said violations are not corrected by December 18 , 1985 , this matter shall then be referred to Thomas O. David, Weld County Attorney, to proceed with appropriate legal action against Leone C. Roseberry, any other persons who may be occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with her, to remedy the violations of the Weld County Zoning and Building Code Ordinances : Page 2 RE: ZONING AND BUILDING CODE VIOLATIONS - ROSEBERRY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST:N-7'M /� WELD COUNTY, COLORADO , I ICu v/ c' w. I u.,M41:14r, Weld County dlerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Ja eline l Johnson, Chairman v ' �� tees) ene R. Brantner, Pro-Tem eputy County rk EXCUSED APPROVED AS TO FORM: C.W. Kirby_ C- co:y`ff�a:?. ac_ / County Attorney �� j1�` Fra Yamaguc%' RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST LEWIS W. AND BARBARA J. CORNELL FOR VIOLATION OF THE WELD COUNTY BUILDING CODE ORDINANCE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Planning Services has informed the Board of County Commissioners that Lewis W. and Barbara J. Cornell are in violation of Section 30 of the Weld County Building Code Ordinance, building permits required, and WHEREAS, the property on which said violation is occurring is described as Lot 11 , Block 2 , Jo Ann Subdivision, Weld County, Colorado, and WHEREAS, despite repeated requests, said violation has not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against Lewis W. and Barbara J. Cornell to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against Lewis W. and Barbara J. Cornell, any other persons occupying the property, anv persons claiming an interest in the property, and any persons acting in active concert with them, to remedy the violation of the Weld County Building Code Ordinance. Page 2 RE: BUILDING CODE VIOLATION - CORNELL The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985 . - BOARD OF COUNTY COMMISSIONERS ATTEST: /kt� a �„•„„‘`-. all WELD COUNTY, COLORADO 'I Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board J�a�el�iine Johnson, Chairman i Sot tart G7f'...„. t of Gene R. Brantner, Pro--Ten eputy County erk EXCUSED APPROVED AS TO FORM: C.W. K C s V & Go cytr County Attorney Fra C Yama c RESOLUTION RE: CERTIFICATION OF BEEBE DRAW SPECIAL ELECTION 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 Tuesday, December 3 , 1985, the Beebe Draw Special Election was held, with the total number of qualified voters casting ballots being two, with both ballots being in favor of the creation of the Beebe Draw Law Enforcement Authority, and WHEREAS, on December 4 , 1985 , the Board of County Commissioners accepted the Certification of said special election, thereby making January 3 , 1986 , the effective date for the creation of the Beebe Draw Law Enforcement District, and WHEREAS, the Board deems it advisable to schedule a hearing on. April 2 , 1986 , at 2 :00 p.m. to convene as the Board for said Law Enforcement District. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of the Beebe Draw Special Election be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that April 2 , 1986 , at 2 :00 p.m. be, and hereby is, scheduled as the date for the Board of County Commissioners to convene as the Board for the Beebe Draw Law Enforcement District. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985. BOARD OF COUNTY COMMISSIONERS ATTEST: `1l WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Jac eline Johnson, Chairman Drlt `vim Gene R. Brantner, Pro-Tem Dputy County C EXCUSED APPROVED AS TO FORM: C.W. Kir !1yr j / ! �,y(,4 \ Go d a � �' County Attorney F Yamagu STATE OF COLORADO ) ss COUNTY OF WELD This is to certify that the Abstract of Votes cast in the Beebe Draw Special Election held on Tuesday, December 3, 1985. was as follows: Total number of qualified voters were 'Z and the total ballots cast were --�—'es and Q ao. In Testimony Whereof, We, the members of the Board of Canvassers for the Beebe Draw Special Election, have hereunto set our hands this 4th day of December, 1985. Cerlk a Recorder of WelCounty --��2 C Z Board of Canvassers Board of Canvassers Ti RESOLUTION RE: APPROVE CONTINUANCE OF SHOW CAUSE HEARING TO CONSIDER REVOCATION OF USE BY SPECIAL REVIEW PERMIT #511 ISSUED TO ARNOLD AND BEVERLY TETER 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 December 4 , 1985 , a Show Cause Hearing was conducted to consider revocation of Use by Special Review Permit #511 issued to Arnold and Beverly Teter, and WHEREAS, the Board, after hearing the testimony, which indicated that an application to amend the Use by Special Review has been submitted, deems it advisable to continue said Hearing to February 19 , 1986 , at 2: 00 p.m. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Show Cause Hearing to consider revocation of Use by Special Review Permit #511 , issued to Arnold and Beverly Teter, be, and hereby is, continued to February 19 , 1986 , at 2 : 00 p.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985 . y�� /� -a- • BOARD OF COUNTY COMMISSIONERS ATTEST: 71 Ctw (,V.-.:1 ; .::?'L12,ztr. WELD COUNTY, QOL\RADO Weld County Clerk and Recorder \ and Clerk to the Board Jac el'ne Johnn, Chairman EXCUSED B Gene R. Brantner, Pro-Tem eputy County lerk EXCUSED APPR VED AS TO FORM: C.W. _ /l/ G• .�=�" a. a Lix2 County At orneg Frank Yamaguc RESOLUTION RE: APPROVAL OF CANCELLATION OF GENERAL FUND 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, certain General Fund Warrants in the total amount of $2 , 171 . 60 , have been issued in error or the amounts for which they were drawn have otherwise been changed, and WHEREAS, a list of the specific Warrant numbers , dates, names and amounts is on file with the Accounting Department, and WHEREAS , the Board deems it advisable to approve the cancellation of said Warrants. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that those General Fund Warrants for the period of November 21 through November 30 , 1985, in the amount of $2, 171.60 , be, and the same 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 9th day of December, R.D. , 1985 . ¢ /t 0,,Gu. '^.�,in Qil:J BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO U Weld County Clerk and Recorder EXCUSED and Clerk to the Boa J eline Johnson, Chairman l ' u [�}'yt�yc�{ gi c_t✓ Gene R. Brantner, Pro-Tem D puty County C rk e _/X APPROVED AS TO FORM: C.W. Kirby Gpet Lacy County Attorney EXCUSED Frank Yamaguchi LHR 11 J • RESOLUTION RE: COMPENSATION FOR ELECTION JUDGES AND BRANCH REGISTRARS - EFFECTIVE JANUARY 1 , 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, Colorado State Statute 1-5-112 , 1973 , as amended, allows that in all elections in all precincts, each judge of election shall receive not less than twenty-five dollars nor more than sixty dollars as full compensation for his services as judge at any such election, as shall be determined by the Board of County Commissioners, and WHEREAS, Colorado State Statute 1-2-212 , 1973 , as amended, addresses the establishment and conduct of branch registration offices , and WHEREAS, it has been recommended that the election judges be compensated at Fifty Dollars ($50 .00) per election and the branch registrars be compensated at Four Dollars ($4 . 00) per hour, and WHEREAS, the Board of County Commissioners has, after careful consideration, determined that it would be in the best interest of Weld County to approve the compensation as hereinabove stated. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that said Board does hereby order the election judges be compensated at Fifty Dollars ($50 . 00) per election and the branch registrars be compensated at Four Dollars ($4 .00) per hour, and BE IT FURTHER RESOLVED by the Board of County Commissioners that this order shall be effective as of January 1, 1986, and BE IT FURTHER RESOLVED that said compensation order shall continue until further order of the Board. 0 Page 2 RE: COMPENSATION FOR ELECTION JUDGES & REGISTRARS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of December, A.D. , 1985. BOARD OF COUNTY COMMISSIONERS ATTEST:' (/�(2-t.4 0.iv.A. �2tti°lur(u„ WELD COUNTY, COLORADO a Weld County Clerk and Recorder EXCUSED and Clerk to the Board 4&IS, line Johnson, Chairman lT7r.�, �.J a C Pro-Tem Deputy County APPROVED AS TO FORM: C.W. K rb Seceee.3 . Lac County Attorney RXCIISED Frank Yamaguchi RESOLUTION RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED IN SECTION 6 TOWNSHIP 8 NORTH, RANGE 58 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, a portion of said mineral acres not currently leased was put up for bid to lease, and WHEREAS, Rio Grande Exploration Company, 1030 North Cedar, Colorado Springs, Colorado 80903 , submitted the high bid to lease 319. 98 net mineral acres, more or less, described to-wit: Section 6 : NWa; NSW%; SWgSWa, Township 8 North, Range 58 West of the 6th P.M. , Weld County, Colorado WHEREAS, Weld County desires to accept the high bid offer submitted by Rio Grande Exploration Company to lease the above described mineral acreage for SEVENTEEN and NO/100 DOLLARS ($17. 00) per net mineral acre, for a total sum of FIVE THOUSAND FOUR HUNDRED THIRTY-NINE and 66/100 DOLLARS ($5 ,439. 66) , together with a rental fee of ONE DOLLAR ($1 .00) per net mineral acre, which lease is to run for a period of three (3) years, commencing December 4 , 1985 , and ending at 12 : 00 noon on December 4 , 1988 , unless otherwise held, as stated in the lease agreement which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the high bid offer of Rio Grande Exploration Company, 1030 North Cedar, Colorado Springs, Colorado 80903 , be, and hereby is, accepted for a period of three (3) years with the total sum being as above listed. / _ - t_, I Page 2 RE: OIL & GAS LEASE - RIO GRANDE 58-8-6 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: Jr r WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board J eline Johnson, Chairman • /C i L� B c ---nt-LQ� Gene R. Brantner, Pro-Tem Deputy County C rk EXCUSED APPROVED AS TO FORM: C.W. Ki b CC-±LYE-C-7 \ - -2 C a / County Attorney r7dyJ / >77 Frank Yama ARoon , WELD COUNTY OIL AND GAS LEASE Containing 319.98 acres, more or less: THIS LEASE AGREEMENT, dated this 4th day of December , 19 85 , made and entered into by and between WELD COUNTY, COLORADO, a political subdivision of the STATE OF COLORADO, acting by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, for its respective interests, c/o BOARD OF COUNTY COMMISSIONERS, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, CO 80631, hereinafter called Lessor, and: Rio Grande Exploration Co. (o,3& Ai. Ctsfl (o Lo 1?-41)O S PR/,ij&s to &oy '3 hereinafter called Lessee: WITNESSLTH WHEREAS, said Lessee has applied to Lessor for an oil and gas lease covering the land herein described, and has paid a filing fee in the amount of S10.00, plus a bonus consideration of $ 17.00 per mineral acre, fixed by Lessor as an additional consideration for the granting of this lease, and Lessee agrees to pay an annual rental of $ - 320.00 , computed at the rate of $ 1.00 , per mineral acre or fraction thereof per year. WHEREAS, all the requirements relative to said application have been duly complied with and said application has been approved and allowed by Lessor; THEREFORE, in consideration cf the agreements herein, on the part of Lessee to be paid, kept and performed, Lessor does lease exclusively- to Lessee for the sole and only purpose of drilling for, • development of and production of oil and gas, or either of them, thereon and therefrom with the right to own all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and telegraph lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and any and all rights and privileges necessary for the exploration and operation of said land for oil and gas, the following described land situated in the County of Weld, State of Colorado, and more particularly described as follows: DESCRIPTION OF LAND SECTION TOWNSHIP RANGE N^.e4; N SW; SW1/4SWv 6 8N 58W TO RAVE AND TO HOLD said land, and all the rights and privileges granted hereunder to Lessee until the hour of twelve o'clock noon on the 4th day of Decemhrr , 19 88 as primary term, and so long thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said primary term or any extension thereof or while this lease is in force by reason of production of oil and gas or either of then, or that such reworking is commenced within sixty days upon cessation of production for the purpose of re-establishing the same, and provided further that such production is commenced during such primary term or any extension thereof, or while this lease is in force by reason of such drilling or reworking operations or other production. B 1094 REC 02035216 12/09/85 14: 08 $0. 00 1/008 (Rev.//1/)2/85) F 1753 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO .r^.�`i �. EXPLORATION - Lessor reserves the right to conduct exploration en the leased land provided such exploration does not interfere with rights granted herein. In consideration of the premises, the parties covenant and agree as follows: 1. RENTAL - if this lease is extended for an additional term as provided for in the EXTENSION paragraph hereof, Lessee shall during such extended period pay to lessor an annual rental at double the rate above specified for the land covered hereby. The rental in effect at the time production is established shall not be increased due to the term of this lease being extended by such production. Rentals set at the time of established production shall be paid during the remaining life of this lease, annually, in advance, on or before each anniversary date hereof. '_here shall be no refund of unused rental. 2. ROYALTY - Lessee shall account for any and all substances produced on the leased land and Lessee shall pay to Lessor as royalty, in addition to the rentals provided, but except for products used on the leased land, unavoidably lost or flared on the leased land, with approval of Lessor, the following; (a) On oil, 1212 of the oil produced and saved from the leased land. At the option of Lessor, and with sixty (60) days' notice co Lessee, Lessor may take its royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor on the leased land, free of cost or deduction, into the pipelines or storage tanks designated by Lessor, but Lessee shall not in such case be required to provide free tankage for any such oil for a longer period than one month after the same is run into tanks. With sixty (60) days' notice to Lessee, Lessor may cease taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair market value of the oil at the well which shall not be deemed to be less than the price actually paid to Lessee at the well by the purchaser thereof; and in no event shall the royalties be based upon a market value at the well less than the posted price in the field for such oil, or in the absence of a posted price in the field for such oil, upon a market value at the well less than the prevailing price received by other producers in the field for oil of like grade and gravity at the time such oil is run into pipelines or storage tanks. (b) On gas, including casinghead gas or other gaseous substance, 121/2% value at the well or of the price received by Lessee at the well whichever is of the fair market produced and sold from the leased land or utilized off ' area-er, of all for the land by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold under contract that has been approved by Lessor, the fair market value of such gas for determining the royalties payable hereunder shall be the price at which such gas is sold under such contract. No approval by Lessor of the terms of any such agreement shall operate to make Lessor a party thereto or obligate it thereunder in any way. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty in kind. With sixty (60) days' notice to Lessee, Lessor may cease taking gas royalty in kind. (c) All costs of marketing the oil and/or gas produced shall be borne by Lessee and such costs shall not directly or indirectly reduce the royalty payments to Lessor. Except that marketing costs for Lessor's in-kind royalty shall be borne by Lessor. (d) If Lessor owns a lesser interest in the oil and gas deposits of the above-described land than the entire and undivided fee simple estate, then the royalties and rentals herein provided shall be paid to Lessor only in the portion which its interest bears to the whole and undivided fee, but no refund of any bonus consideration shall be made by Lessor hereunder. B 1094 REC 02035216 12/09/85 14: 08 $0. 00 2/008 F 1754 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 3. RECORDS - Lessee agrees to keep and to have in possession complete and accurate books and records showing the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to Lessor upon request along vial purchaser's support documentation. Lessor will not be unreasonable with requests. All said book: and records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than five years. 4. ITASUREMENTS - All production shall be accurately measured using standards established by the American Gas Association (AGA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamperproof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated on actual and accurate measurements within API standards unless a different means of measurement, subject to Lessor's approval, is provided. S. PAYMENTS & REPORTS - All payments and reports due hereunder shall be made on or before the day such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary term hereof. - - Oil royalty payments and supporting documents shall be submitted prior to the last day of the month following each month's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. All payments shall be made by cash, check, certified check or money order. Payments having restrictions, qualifications, or encumbrances of any kind whatsoever shall not be accepted by Lessor. A penalty for a late payment shall be charges as set forth in the PENALTIES paragraph herein. 6. PENALTIES - A penalty shall be. imposed for, but not limited to late payments, improper payments, operational deficiencies, violation of any covenant of this lease, or false statements made to Lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by Lessor and shall become effective immediately after public notice. Said schedule may be changed from time to time after public notice. 7. LAW - The terms and conditions of thid lease shall be performed and exercised subject to all laws, rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of lands and minerals owned by the County of Weld, and to laws, rules and regulations governing oil and gas operations in Colorado. Violations shall result in penalties as provided for by law or as set forth in the aforementioned schedule or shall, at the option of Lessor, result in default as provided hereinafter. S. SURRENDER - Lessee may at any time, by paying to Lessor all amounts then due as provided herein, surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved from further obligations or liability hereunder with respect to the land so surrendered; provided that no partial surrender or cancellation of this lease shall be for less than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section; provided further that this surrender clause and the option herein reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, Lessor or any assignee of either to enforce this lease, or any of its terns expressed or implied. In no case shall any B 1094 REC 02035216 12/09/85 14: 08 $0. 00 3/008 F 1755 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO surrender be effective until Lessee shall have made full provision for conservation of the leased products and protection of the surface rights of the leased land. . . 9. ASSIGNMENTS - (a) Lessee, with prior written consent of Lessor, shall have the right to assign the entire leasehold interest of said Lessee in all or part of the land covered hereby, but not less, however, than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section for any partial assignment, and for approval of such assignment Lessor shall make an assignment charge in an amount to be determined by Lessor. Prior to written approval by Lessor of assignment of this lease, Lessee (assignor) shall not be relieved of its obligations under the terms and conditions herein. An assignment shall not extend the term of this lease. (b) If any assignment of a portion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the assigned land, containing the same terms and conditions as this lease, and limited as to term as this lease is limited, and the assignor shall be released and discharged from all further obligations and liabilities as to that portion so assigned. (c) Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Said interests will not be recognized or approved by Lessor, and the effect of any such assignments will be strictly and only between the parties thereto, and outside the terms of this lease: and no dispute between parties to any such assignment shall operate to relieve Lessee from performance of any terms or conditions hereof or to postpone the time therefor. Lessor shall at all times be entitled to look solely to Lessee or his assignee shown cn its books as being the sole owner hereof, and for the sending of all notices required by this lease and for the performance of all terms and conditions hereof. (d) Although not binding on Lessor, all instruments of every kind and nature whatsoever affecting this lease should be filed with the Lessor. 10. OVERRIDING ROYALTY - Any and all reservations or assignments or overriding royalties shall be subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent (5%), including any overriding royalty previously provided for unless production exceeds a monthly average of fifteen (15) barrels per day or ninety thousand cubic feet of gas per day (90 MCF/D). In the event that production drops to this amount or less, any overriding royalties which exceed five percent (5%) may be suspended. Lessor's approval of a reservation or assignment of an overriding royalty shall not bind Lessor for payment of said overriding royalty and shall not relieve Lessee of any of its obligations for payment of royalties to Lessor as provided by ROYALTY paragraphs herein. 11. OFFSET 'ELLS - Lessee agrees to protect the leased land from drainage by offset wells located on adjoining lands not owned by Lessor, when such drainage is not compensated for by counter-drainage. It shall be presumed that the production of oil and gas from offset wells results in drainage from the leased land, unless Lessee demonstrates to Lessor's satisfaction, by engineering, geological, or other data, that production from such offset well does not result in such drainage, or that the drilling of a well or wells on the leased land would not accomplish the purposes of protecting the deposits under the leased land. Lessor's decision as to the existence of such drainage shall be final, and Lessee shall comply with Lessor's order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor. B 1094 REC 02035216 12/09/85 14: 08 $0. 00 4/008 F 1756 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • 12. DES LO?_NT - Upon discovery of oil and gas or either of them on the leased land, Lessee shall proceed with reasonable diligence to develop said land at a rate and to an extent commensurate with the economic development of the field in which the leased land lies. 13_ UNITIZATION - COY{L?IITIZATION - In the event Lessor permits the land herein leased to be included within a con_un4r4,- on or a.«i ation agreement, the terms of this lease may be deemed to be modified to comfort to such agreement. When only a portion of the land under this lease is committed by en agreement, Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the term of such separate lease shall be limited as to the original term of this lease. The tens of the lease on that portion remaining in the unit shall be deemed to be modified to conform to such agreement. Nonproducing leases shall terminate on the first anniversary date of the lease following the termination date of the unit or part thereof modifying the lease, but in no event prior to the end of the primary term of the lease or the extension term of the lease. 14. PRODUCTION - Lessee shall, subject to applicable laws, regulations and orders, operate and produce all wells upon the leased land so long as the same are capable of producing in paying quantities, and shall operate the same so as to produce at a rate commensurate with the rate of production of wells on adjoining lands within the same field and within the limits of good engineering practice, except for such times as there exist neither market nor storage therefor, and except for such limitations on or suspensions of production as may be approved in writing by Lessor. Lessee shall be responsible for adequate site security on all producing properties. • 15. SELl-IN WELLS - If Lessee shall complete a well on the leased land productive of gas and Lessee is unable to produce such gas due tc a lack of suitable market therefor, Lessor may grant Lessee suspension of his obligations to produce hereunder until a suitable market for such gas can be found, and during any such suspension period, it shall be deemed that- gas is being produced hereunder in paying quantities. Except, however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to Lessor a shut-in royalty equal to $2 per acre of the lease per ann= in addition to the annual rental. The minimum amount of such shut-in royalty payment shall be $320. Each year's shut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during • which the well begins production. The maximum extension of the lease, due to the existence of a shut-in well, shall be five years beyond the extension term as described in the EXTENSION paragraph herein. The granting of any further extensions shall be at the sole option of Lessor. 16. OPERATIONS - No exploration, drilling or production operation, including permanent installations, shall be within 200 feet of any existing building or ether improvement, including water well or reservoir, without the written permission of the owner of said improvements. Lessee shall keep a correct log of each well drilled hereunder, showing by name or description the formations passed through, the depth at which each formation was reached, the number of feet of each size casing set in each well, where set, and the total depth of each well drilled. Lessee, within thirty (30) days after the completion or abandonment of - any well drilled hereunder, shall file in the office of Lessor a complete and correct log of .such well, together with a copy cf the electric log and the radioactivity log of the well when such logs, or either of them, are run; and also a copy of all drill stem test results, core records and analyses, record of perforations and initial production tests, if any. If any of the information required by this paragraph is contained in reports required to be filed with the 011 and Gas Conservation Commission of Colorado, the requirements of this paragraph for such information may be satisfied by such filing with said Commission, except for copies of the reports as are required by the following paragraph, and provided that all such information is immediately available to Lessor. Any proprietary information so submitted shall not be • subject to public inspection under Colorado law. B 1094 PEC 02035216 12/09/85 14: 08 $0. 00 5/008 F 1757 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Lessee shall bury pipelines below plow depth. Lessee shall set and cement sufficient surface casing to protect the fresh water wells of the area. 17. NOTIFICATION - Lessee shall notify Lessor and the surface lessee or surface owner of the location of each drill site at least two weeks prior to commencing drilling operations thereon. Lessee shall notify Lessor before commencing to plug and abandon any well by copy of Lessee's request for approval or sundry notice of intent to plug and abandon. 16. BONDS - Lessee shall be liable for all damages to the surface of the land, livestock, growing crops, water wells, reservoirs, or improvements caused by Lessee's operations on said land. No operations shall be commenced on the land hereinabove described unless and until Lessee shall have filed a good and -..t bond with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as may be caused by Lessee's operations on said land and to assure compliance with all the terms and provisions of this lease, the laws of the State of Colorado, and the rules and regulations thereto appertaining. A bond may be held in effect for the life of production of any well. • 19. SET^E`:NT - Lessee shall not remove any machinery, equipment or fixtures placed on said land, other than d-+''ing equipment, nor draw the casing from any well unless and until all payments and obligations currently due Lessor under the terms of this lease shall have been paid or satisfied. Any machinery, equipment or fixtures left on this land for a period of more than six (6) mcnths after the expiration hereof, shall automatically become the property of Lessor. 20. OTTER DISCO EERY - Should Lessee discover any ealuable products other than oil and gas, on or within the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event Lessee and Lessor may negotiate a provision for production of such discovery. 21. WATER - This lease does not grant permission, empress or implied, to Lessee for water exploration, drilling, or establishing water wells without the written permission of the surface owner. If Lessor is the surface owner, said permission shall not be unreasonably withheld, If Lessee desires to establish or adjudicate any water right for beneficial use on the leased land, any suct adjudication or application shall be in the name of Lessor if Lessor is the surface owner. The same shall apply to any contributary water rights established on the leased land which may be put to beneficial use off said land. 22. DEFAULT - :non failure or default of Lessee to comply with any of :he terms and provisions hereof including but not limited to the failure to comply with laws, rules and regulations governing Colorado oil and gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel this lease as to all of the leased land so claimed or possessed by Lessee hereunder. In the event of any such default or failure, Lessor shall, before making any such cancellation, send no Lessee by certified mail, to the post office address of said lessee as shc`n by the records of Lessor, a notice of intention to cancel for such failure or default, specifying the same, stating that if within thirty (30) days from the date of mailing said .notice, Lessee shall correct such failure or default, no cancellation will be made. If such failure or default is not corrected within thirty (30) days after the nailing of such notice, and if Lessee does not request a hearing on such notice within thirty (30) days, this lease will terminate and be cancelled by operation of this paragraph without further action by Lessor, or further notice to Lessee. B 1094 REC 02035216 12/09/85 14: 08 $0. 00 6/008 F 1758 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 23. EXTENSION - If Lessee fails to make discovery of oil and gas, or either of then, in paying quantities during the primary term hereof, or during drilling operations commenced during the primary ter` hereof, Lessee may make written application to Lessor for an extension of this lease for a ter= equal to the primary terms as to all of the mineral acres covered hereby (excluding any mineral acres theretofore surrendered as in the SLRRE:DER Paragraph provided, or assigned as in the ASSIGNMENTS Paragraph provided). The granting of such extension shall be at the sole option of Lessor at double the rental for the primary term hereof. 24, HOLD HARMLESS - Lessee shall indemnify Lessor against all liability and loss, and against all claims and actions, including the defense of such claims or actions, based upon or arising out of damage or injury, including death, to persons cr property caused by or sustained in connection with operations on this leased land or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation. 25. CONDEMNATION - If the leased land stall be taken in any condemnation proceeding, this lease shall automatically terminate as of the date of taking. The award for such condemnation shall be paid to Lessor, except for any specific award(s) paid to Lessee for severed oil and gas reserves, in which event XXXXXXXXX of such specific award(s) shall be paid to Lessor in lieu of royalty lest by virtue of the condemnation. Improvements shall be removed by Lessee per terms in the SE^='-_AT Paragraph herein. If only a portion of the leased land is taken by condemnation, Lessor may, at its option, terminate this lease or terminate only that portion of the lease so taken. 26. ERRCRS - Every effort is made by Lessor to avoid errors in all procedures including but not limited to auction listings and lease preparation. Lessor shall not be liable for any inconvenience or loss caused by errors which may occur. Lessee shall notify Lessor immediately upon discovery of any errors or discrepancy whatever. 27. ARCHAEOLOGY - Lessee shall not destroy, disturb, mar, collect, remove or alter any prehistoric or historic resources of any kind on Weld County lands as provided by law. These resources include but are not limited to all artifacts of stone, wood or metal, pictographs, strictures, and bones. A discovery of anything of prehistoric or historic nature shall be reported to Lessor or the State of Colorado Archaeologist immediately. 28. DEFINITIONS - (a) "Gas" as used herein shall mean all gases (combustible and noncombustible), including but_ not limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helium. (b) "Oil and gas" as used herein shall include all substances produced as by-products therewith, including but not limited to sulfur. (c) "Paying quantities" as used herein shall mean and refer to quantities of oil and gas or of either of them su`"-tent to pay for the current cost of producing same. 29. s._=RS AND ASSIGNS - The benefits and obligations of this lease shall inure to and be binding upon tic heirs, legal representatives, successors or assigns of Lessee; but no sublease er assignment hereof, or interest herein, shall be binding : _,suer unzi the same hat been atsrtvad -y Lessor as dined .- - racraph provide . B 1094 REC 02035216 12/09/85 14: 08 $0. 00 7/008 F 1759 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 30. +ARR CY CF - Lessor does not warrant title to the leased premises, but it shall upon rectest, allow Lessee access to such abs.... s and other title papers as it has in its files. ,here shall be no obligation on Lessor's par: to purchase new or supplemental or other title papers nor to do any curative work in connection with title to the subject lands. All abstracts cf title, whether new or supplementary, obtained by Lessee and covering the subject lands shall become the property of and be delivered to Lessor after lessee has completed its title exacinatvn and curative work, subject, however, to the right of Lessee to use such abstracts upon recuest at any time curing the tern of the Leas_. _N ..__.SSS tHEREOF, lessor has hereunto signed and caused Its name to be signed by the BOARD O. CCLNTY CXMISSIO C \.,ER S CF THE CJ_'.=" 0? w-Si.D, with the seal cF the office a£Fixed, and Lessee has signed this agreement, the day and year first above written. EDC'D 0? CCt cr co>rss:o} ZS WELD COUNTY, COLORADO ,\ 1 CZfl: a astAerSILIZWAlsiLarti Feld County Clwrk;ard Recorder and Clerk to the kpdrd I y \3y: 1 ( LESSEE: r C 7/22 /9- "Arne.- SL?E OF COLORADO ) ) SS. CODUNv ,.F y_TD ,�� =he foregoing =_n: was acknowledged before me this �L day of / ��t�' �r�1 , Ip 7,---by .Itness my hand and occ4-4,' seal. Yy Commission Expires:'—,g7eJ(/ Notary Public c. `c B 1094 REC 02035216 12/09/85 14: 08 $0. 00 8/008 F 1760 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RESOLUTION RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED IN SECTION 7, TOWNSHIP 8 NORTH, RANGE 58 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, a portion of said mineral acres not currently leased was put up for bid to lease, and WHEREAS, Rio Grande Exploration Company, 1030 North Cedar, Colorado Springs, Colorado 80903 , submitted the high bid to lease 160 net mineral acres, more or less, described to—wit: Section 7 : NEn, Township 8 North, Rance 58 West of the 6th P.M. , Weld County, Colorado WHEREAS, Weld County desires to accept the high bid offer submitted by Rio Grande Exploration Company tc lease the above described mineral acreage for SIXTEEN and NO/100 DOLLARS ($16. 00) per net mineral acre, for a total sum of TWO THOUSAND FIVE HUNDRED SIXTY and NO/100 DOLLARS ($2 ,560.00) , together with a rental fee of ONE DOLLAR ($1 . 00) per net mineral acre, which lease is to run for a period of three (3) years, commencing December 4, 1985 , and ending at 12 :00 noon on December 4 , 1988 , unless otherwise held, as stated in the lease agreement which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the high bid offer of Rio Grande Exploration Company, 1030 North Cedar, Colorado Springs, Colorado 80903 , be, and hereby is, accepted for a period of three (3) years with the total sum being as above listed. I /_ ,. Page 2 RE: OIL AND GAS LEASE - RIO GRANDE 58-8-7 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Jac line Johnson, Chairman b Pc-th c v i Gene_ �t� $$rantner, Pro-Tem 1 likohatitri D puty County Cl rk EXCUSED APPROVED AS TO FORM: C.W. Ki b sCpar"..cele9 //- G Lac l/ County Attorney Fr- k Yama•ui Co. AR2035218 WELD COUNTY OIL AND GAS LEASE Containing 160 acres, more or less: THIS LEASE AGREEMENT, dated this _ 4th day of December , 19 85 , made and entered into by and between WELD COUh"lY, COLORADO, a political subdivision of the STATE OF COLORADO, acting by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, for its respective interests, c/o BOARD OF COUNTY COMMISSIONERS, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, CO 80631, hereinafter called Lessor, and: Ri Grande Exploration Co. 050 A], CFA)Fre.- etozo(ADD Sloe/416h (p 8050 3 hereinafter cane. Lessee: WITNESSED?! WEIREAS, said Lessee has applied to Lessor for an oil and gas lease covering the land herein described, and has paid filing fee in the amount of S10.00, plus a bonus consideration of $ 16 00 per mineral acre, fixed 1 ,ssor as an additional consideration for the granting of this lease, and Lessee agrees to pay an atnu. :ental of $ 16C.00 , computed at the rate of $ 1.00 , per mineral acre or fraction thereof per year. WHEREAS, all the requirements relative to said application have been duly complied with and said application has been approved and allowed by Lessor; THEREFORE, in consideration of the agreements herein, on the part of Lessee to be paid, kept and performed, Lessor does lease excluszvel7 to Lessee for the sole and only purpose of drilling for, development of and production of oil and gas, or either of them, thereon and therefrom with the right to pan all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and telegraph lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and any and all rights and privileges necessary for the exploration and operation of said land for oil and gas, the following described land situated in the County of Weld, State of Colorado, and more particularly described as follows: DESCRIPTION OF LAND SECTION TOWNSHIP RANGE NE1 7 8N 58W TO RAVE AND TO HOLD said land, and all the rights and privileges granted hereunder to Lessee until the hour of twelve o'clock noon on tree 4th day of _ December , 19 88 as primary term, and so long thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed If there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said • primary term or any extension thereof or while this lease is in force by reason of production of oil and gas or either of them, or that such reworking is commenced within sixty days upon cessation of production for the purpose of re-establishing the same, and provided further that such production is commenced during such primary term or any extension thereof, or while this lease is in force by reason of such drilling or reworking operations or other production. (Pay. 2/85) B 1094 REC 02035218 12/09/85 14 : 09 80. 00 1/008 -2 F 1769 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO /' EXPLORATION - Lessor reserves the right to conduct exploration on the leased land provided such exploration does not interfere with rights granted herein. In consideration of the premises, the parties covenant and agree as follows: 1. RENTAL - ?f this lease is extended for an additional term as provided for in the EXTENSION paragraph hereof, Lessee shall during such extended period pay to lessor an annual rental at double the rate above specified for the land covered hereby. The rental is effect at the time production is established shall not be increased due to the tern. of -his lease being extended by such production. Rentals set at the time of established production shall be paid during the remaining life of this lease, annually, in advance, on or before each anniversary date hereof. There shall be no refund of unused rental. 2. ROYALTY - Lessee shall account for any and all substances produced on the leased land and Lessee shall pay to Lessor as royalty, in addition to the rentals provided, but except for products used on the leased land, unavoidably lost or flared on the leased land, with approval of Lessor, the following: (a) On oil, 121% of the oil produrtd and saved from the leased land. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor nay take its royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor on t-e leased land, free of cost or deduction, into the pipelines or storage tanks designated by Lessor. Lessee shall not in such case be required to provide free tankage for any such oil for a longer nod than one month after the same is run into tanks. With sixty (60) days' notice to Lessee, Lessor may cease taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair market value of the oil at the well which shall not be deemed to be less than the price actually paid to Lessee at the well by the purchaser thereof; and in no event shall the royalties be based upon a market value at the well less than the posted price in the field for such oil, or in the absence of a posted price in the field for such- oil, upon a market value at the well less than the prevailing price received by other producers in the field for oil of like grade and gravity at the time such oil is run into pipelines or storage tanks. (b) ' On gas, including casinghead gas or other gaseous substance, 121% of the fair market value,at the well or of the price received by Lessee at the well, whichever is greater, of all gas produced and sold from the leased land or u"';-rd off the land by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold under contract that has been approved by Lessor, the fair market value of such gas for determining the royalties payable hereunder shall be the price at which such gas is sold under such contract. No approval by Lessor of the terns of any such agreement shall operate to make Lessor a party thereto or obligate it thereunder in any way. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty in kind. With sixty (60) days' notice to Lessee, Lessor may cease taking gas royalty in kind. (c) All costs of marketing the oil and/or gas produced shall be borne b_v Lessee and such costs shall not directly or indirectly reduce the royalty payments to Lessor. Except that marketing costs for Lessor's in-kind royalty shall be borne by Lessor. (d) If Lessor owns a lesser interest in the oil and gas deposits of the above-described land than the entire and undivided fee simple estate, then the royalties and rentals herein provided shall be paid to Lessor only in the portion which its interest bears to the whole and undivided fee, but no refund of any bonus consideration shall be made by Lessor hereunder. B 1094 REC 02035218 12/09/85 14 : 09 $0. 00 2/008 F 1770 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 3. RECORDS - Lessee agrees to keep and to hrve in possession complete and accurate books and records showing the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to Lessor upon request along with purchaser's support documentation. Lessor will not be unreasonable with requests All said books and records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than five years. 4. :M...ASL7R"CrTS - All production shall be accurately measured using standards established by the American Gas Association (AGA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamperproof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated on actual and accurate measurements within API standards unless a different means of measurement, subject to Lessor's approval, is provided. 5. PAYMENTS & REPORTS - All payments and reports due hereunder shall be made on or before the day such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary term hereof. Oil royalty payments and supporting documents shall be submitted prior to the last day of the month following each month's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. " - - All payments shall be made by cash, check, certified check or money order. Payments having restrictions, qualifications, or encumbrances of any kind whatsoever shall not be accepted by Lessor. A penalty for a late payment shall be charges as set forth in the PENALTIES paragraph herein. 6. PENALTIES - A penalty shall be. imposed for, but not limited to late payments, improper payments, operational deficiencies, violation of any covenant of this lease, or false statements made to Lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by Lessor and shall become effective immediately after public notice. Said schedule may be changed from time to time after public notice. 7. LAW - The terms and conditions of this lease shall be performed and exercised subject to all laws, rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of lands and minerals owned by t-:e County of Weld, and to laws, rules and regulations governing oil and gas operations in Colorado. Violations shall result in--penalties as provided for by law or as set forth in the aforementioned schedule or shall, at the option of Lessor, result in default as provided hereinafter. 8. SURRENDER - Lessee may at any time, by paying to Lessor all amounts then due as provided herein, • surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved from further obligations or liability hereunder with respect to the land so surrendered; provided that no partial surrender or cancellation of this lease shall be for less than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section; provided further that this surrender clause and the option herein reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, Lessor or any assignee of either to enforce this lease, or any of its terms expressed or implied. In no case shall any B 1094 REC 02035218 12/09/85 14: 09 $0. 00 3/008 F 1771 MARY ANN FEIIERSTEIN CLERK & RECORDER WELD CO, CO surrender be effective until Lessee shall have made full provision for conservation of the leased products and protection of the surface rights of the leased land. - -. . 9. ASSIGNMENTS - _ (a) Lessee, with prior Litter consent of Lessor, shall have the right to assign the entire leasehold interest of said Lessee in all or part of the land covered hereby, but not less, however, than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section for any partial assignment, and for approval of such assignment Lessor shall make an assignment charge in an amount to be determined by Lessor. Prior to written approval by Lessor of assignment of this lease, Lessee (assignor) shall not be relieved of its obligations under the terms and conditions herein. An assignment shall not extend the term of this lease. (b) If any assignment of a portion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the assigned land, containing the same terns and conditions as this lease, and limited as to tens as this lease is limited, and the assignor shall be released and discharged from all further obligations and liabilities as to that portion so assigned. (c) Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Said interests will not be recognized or approved by Lessor, and the effect of any such assignments will be strictly and only between the parties thereto, and outside the terms of this lease: and no dispute between parties to any such assignment shall operate to relieve Lessee from performance of any terms or conditions hereof or to postpone the time therefor. Lessor shall at all times be entitled to look solely to Lessee or his assignee shown on its books as being the sole owner hereof, and for the sending of all notices required by this lease and for the performance of all terms and conditions hereof. (d) Although not binding on Lessor, all insert ents of every kind and nature whatsoever affecting this lease should be filed with the Lessor. 10. OVERRIDING ROYALTY - Any and all reservations or assignments or overriding royalties shall be subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent (5%), including any overriding royalty previously provided for unless production exceeds a monthly average of fifteen (15) barrels per day or ninety thousand cubic feet of gas per day (90 MCF/D). In the event that production drops to this amount or less, any overriding royalties which exceed five percent (5%) may be suspended. Lessor's approval of a reservation or assignment of an overriding royalty shall not bind Lessor for payment of said overriding royalty and shall not relieve Lessee of any of its obligations for payment of royalties to Lessor as provided by ROYALTY paragraphs herein.. 11. OFFSET WELLS - Lessee agrees to protect the leased land from drainage by offset wells located on adjoining lands not owned by Lessor, when such drainage is not compensated for by counter-drainage. It shall be presumed that the production of oil and gas from offset wells results in drainage from the leased land, unless Lessee demonstrates to Lessor's satisfaction, by engineering, geological, or other data, that production from such offset well does not result in such drainage, or that the drilling of a well or wells on the leased land would not accomplish the purposes of protecting the deposits under the leased land. Lessor's decision as to the existence of such drainage shall be final, and Lessee shall comply with Lessor's order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor. B 1094 REC 02035218 12/09/85 14: 09 $0. 00 4/008 F 1772 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • a 12. DEVELOPMENT - Upon discovery of oil and gas or either of them on the leased land, Lessee shall proceed with reasonable d":eence to develop said land at a rate and to an extent commensurate with the economic development of the field in which the leased land lies. 13. UNITIZATION - CO`^Po?ZTIZATION - In the event Lessor permits the land herein leased to be included within a co_nunitization or unitization agreement, the terms of this lease may be deemed to be modified to • conform to such agreement. Chen only a portion of the land under this lease is committed by an agreement, Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the term of such separate lease shall be limited as to the original term of this lease. The terms of the lease on that portion remaining in the unit shall be deemed to be modified to conform to such agreement. Nonproducing leases shall terminate on the first anniversary date of the lease following the termination date of the unit or part thereof modifying the lease, but in no event prior to the end of the primary term of the lease or the extension term of the lease. 14. PRODUCTION - Lessee shall, subject to applicable laws, regulations and orders, operate and produce all wells upon the leased land so long as the same are capable of producing in paying quantities, and shall • operate the same so as to produce at a rate commensurate with the rate of production of wells on adjoining lands within the same field and within the limits of good engineering practice, except for such times as there exist neither market nor storage therefor, and except for such limitations on or suspensions of production as may be approved in writing by Lessor. Lessee shall be responsible for adequate site security on all producing properties. 15. SHUT-IN FELLS - If Lessee shall complete a well on the leased land productive of gas and Lessee is unable to produce such gas due to a lack of suitable market therefor, Lessor may grant Lessee suspension of his obligations to produce hereunder until a suitable market for such gas can be found, and during any such suspension period, it shall be deemed that- gas is being produced hereunder in paying quantities. Except, however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to Lessor a shut-in royalty equal to $2 per acre of the lease per annum in addition to the annual rental. The minimum amount of such shut-in royalty payment shall be $320. Each year's shut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during which the well begins production. The maximum extension of the lease, due to the existence of a shut-in well, shall be five years beyond the extension term as described in the E ENSION paragraph herein. The granting of any further extensions shall be at the sole option of Lessor. 16. OPERATIONS - No exploration, drilling or production operation, including permanent installations, shall be within 200 feet of any existing building or other improvement; including water well or reservoir, wet thout the written permission of the owner of said improvements. Lessee shall keep a correct log of each well drilled hereunder, showing by name or description the formations passed through, the depth at which each formation was reached, the number of feet of each size casing set in each well, where set, anC he -- total depth of each well drilled. Lessee, within thirty (30) days after the completion or abandonment of any well drilled hereunder, shall file in the office of Lessor a complete and correct log of such well, together with a copy of the electric log and the radioactivity log of the well when such logs, or either of them, are run; and also a copy of all drill stem test results, core records and analyses, record of perforations and initial production tests, if any. If any of the information required by this paragraph is contained in reports required to be filed with the Oil and Gas Conservation Commission of Colorado, the requirements of this paragraph for such information may be satisfied by such filing with said Commission, except for copies of the reports as are required by the following paragraph, and provided that all such information is imm-ediately available to Lessor. Any proprietary information so submitted shall not be subject to pct:., Inspection under Colorado law. B 1094 REC 02035218 12/09/85 14: 09 $0. 00 5/008 F 1773 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Lessee shall bury pipelines below plow depth. Lessee shall set and cement sufficient surface casing to protect the fresh water wells of the area. 17. NOTIFICATION - Lessee shall notify Lessor and the surface lessee or surface owner of the location of each drill site at least two weeks prior to commencing drilling operations thereon. Lessee shall notify Lessor before commencing to plug and abandon any well by copy of Lessee's request for approval or sundry notice of intent to plug and abandon.. IS. FONDS - Lessee shall be liable for all damages to the surface of the land, livestock, growing crops, water wells, reservoirs, or improvements caused by Lessee's operations on said land. "o operations shall be commenced on the land hereinabove described unless and until Lessee shall have filed a good and sufficient bond with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as may be caused by Lessee's operations on said land and to assure compliance with all the terms and provisions of this lease, the laws of zde State of Colorado, and the rules and regulations thereto appertaining. A bond may be held in effect for the life of production of any well. 19. SE-mitMI:NT - Lessee shall not remove any machinery, equipment or fixtures placed on said land, other than dn+"+rg equipment, nor draw the casing from any well unless and until all payments and obligations currently due Lessor under the terns of this lease shall have been paid or satisfied. Any machinery, equipment or fixtures left on this land for a period of more than six (6) months after the expiration hereof, shall automatically become the property of Lessor. 20. OTHER DISCOVERY - Should Lessee discover any valuable products other than oil and gas, on or within the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event Lessee and Lessor may negotiate a provision for production of such discovery. 21. WATER - This lease does not grant permission, express or implied, to Lessee for water exploration, drilling, or establishing water wells without the written permission of the surface owner. If Lessor is the surface owner, said permission shall not be unreasonably withheld. If Lessee desires to establish cr adjudicate any water right for benPc+n'al use on the leased land, any such adjudication or application shall be in the name of Lessor if Lessor is the surface carer. The same shall apply to any nontributary water rights established on the leased land which may be put to beneficial use off said lard. 22. DEFAULT - Upon failure or default of Lessee to comply with any of the terms and provisions hcrcof including but not limited to the failure to comply with laws, rules and regulations governing Colorado oil and gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel this 11O:52 as to all of the leased land so claimed or possessed by Lessee hereunder. In the Pvent of any such default or failure, Lessor shall, before making any such cancellation, send to Lessee by nett+°led • mail, to the post office address of said lessee as shown by the records of Lessor, a notice of intention to cancel for such failure or default, specifying the sane, stating that if within thirty (30) days from the date of mailing said notice, Lessee shall correct such failure or default, no cancellation will be made. If such failure or default is not corrected within thirty (30) days after the mailing of such notice, and if Lessee does not request a hearing on such notice within thirty (30) days, this lease will terminate and be cancelled by operation of this paragraph without further action by Lessor, or further notice to Lessee. B 1094 REC 02035218 12/09/85 14: 09 $0. 00 6/008 F 1774 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • 23. EXTENSION - :f Lessee fails to sake discovery of oil and gas, or either of then, in paying quantities during the primary term; hereof, or during drilling operations commenced during the primary term hereof, Lessee may make written application to Lessor for an extension of this lease for ,a term equal to the primary term as to all of the mineral acres covered hereby (excluding any mineral acres theretofore surrendered as in the SURRENDER Paragraph provided, or assigned as in the ASSIGNMENTS Paragraph provided). The granting of such extension shall be at the sole option of Lessor at double the rental for the primary ter hereof. 24. HOLD HARMLESS - Lessee shall indemnify Lessor against all liability and loss, and against all claims and actions, including the defense of such claims or actions, based upon or arising out of damage or injury, including death, to persons or property caused by or sustained in connection with operations on this leased land or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation. 25. CONDEMNATION - If the leased lard shall be taken in any condemnation proceeding, this lease shall automatically terminate as of the date of taking. The award for such condemnation shall be paid to Lessor, except for any snecific award(s) paid to Lessee for severed oil and gas reserves, in which event XXXXXXXXX of such specific award(s) shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation. Improvements shall be removed by Lessee per terns in the SETTLEMENT Paragraph herein. If only a portion of the leased land is taken by condemnation, Lessor may, at its option, terminate this lease or terminate only that portion of the lease so taken. 25. ERRORS - Every effort is made by Lessor to avoid errors in all procedures including but not limited to auction listings and lease preparation. Lessor shall not be liable for any inconvenience or loss caused by errors which may occur. Lessee shall notify Lessor immediately upon discovery of any errors or discrepancy whatever. 27. ARCHAEOLOGY - Lessee shall not destroy, disturb, nor, collect, remove or alter any prehistoric or historic resources of any kind on Weld County lands as provided by law. These resources include but are not limited to all artifacts of stone, wood or metal, pictographs, structures, and bones. A discovery of anything of prehistoric or historic nature shall be reported to Lessor or the State of Colorado Archaeologist immediately, 28. DEFINITIONS - (a) "Gas" as used herein shall mean all gases (combustible and noncombustible), including but not limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helium. (b) "0i1 and gas" as used herein shall include all substances produced as by-products :herewith, including but not limited to sulfur. (c) "Paying quantities" as used herein shall mean and refer to quantities of oil and gas or of either of them sufficient to pay for the current cost of producing same. 29. -IRS AND ASSIGNS - The benefits and obligations of this lease shall inure to and be binding upon Plte beirs, total representatives, successors or assigns of Lessee; but no sublease or ass„nnen;_ ereof, or • ai any tnttrest sire.-, shall be tinfing upon Lessor until the sane haa been approved by Lei::.- as a:net _ L.1-12 ..sraprath provided. B 1094 REC 02035218 12/09/85 14: 09 $0. 00 7/008 F 1775 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO sweimmi..........1 V 30. raaeKNTY OF ---''' - lessor request, allow Lessee a does not warrant title to .he .eased premises, bu e no obligation access to such aLotrocts and other title papers ashas but share, hall on lessor's part _o��- � it a"'--' its flies.: purchase new or supplemental or other 'e5' ^lore shall work is connection with titlestra title tapers nor supplementary, - to the subject :ands. All to newdo aor obtained by Lessee and abstracts of title, whether or e covering the sLbic_ t delivered to Lessor after ' has .� _t ands shall become lessee completed its title the, subject, of the right of Lessee to � _ examination and curative propertyand be use suca abstracts upon recuest at any _ er work, ecLease. however, - tine during the sera of the ?else. to IN WITNESS ;:��?LOF, lessor has hereunto signed and caused its COMMISSIONERS nF =::E OF - name to be agreement, WELD, with the seal of signed by t as signed OF COt �rt, the day and year firstthe office affixed, Lessee p this above written. andhas BOARD OF COL^..':": CC'^:.SS_0\D:,S kc:-D COUNTY, COLORADO C Weld Cbe4;y Clerk and .recorder and Clerkr.tq the Board ot r , , . LESSEE: S_e TE OF COLORADO ) / /Q C ) SS. CCLfl' OF »!*3 ) ne rae foMe_o' • ig �a t-l=ent was 'acknowledged before r_ + by s - '�:day of ��s�� '.- :9_.---d/ • ,/ Witness my hand and official seal. • `;,+ Commission Expires: ,- �— d ;rotary Public • B 1094 REC 218 F 1776 MARY OANN 5 / 4 FEUERSTEIN CLERK &0RECORDER WELD CO, CO . RESOLUTION RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED IN SECTION 8 , TOWNSHIP 8 NORTH, RANGE 58 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, a portion of said mineral acres not currently leased was put up for bid to lease, and WHEREAS, Rio Grande Exploration Company, 1030 North Cedar, Colorado Springs, Colorado 80903 , submitted the high bid to lease 80 net mineral acres, more or less, described to-wit: Section 8 : S1/2NW1/4, Township 8 North, Range 58 West of the 6th P.M. , Weld County, Colorado WHEREAS , Weld County desires to accept the high bid offer submitted by Rio Grande Exploration Company to lease the above described mineral acreage for FIFTEEN and NO/100 ($15.00) per net mineral acre, for a total sum of ONE THOUSAND TWO HUNDRED and NO/100 ($1 ,200 .00) , together with a rental fee of ONE DOLLAR ($1 .00) per net mineral acre, which lease is to run for a period of three (3) years, commencing December 4 , 1985 , and ending at 12 :00 noon on December 4 , 1988 , unless otherwise held, as stated in the lease agreement which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the high bid offer of Rio Grande Exploration Company, 1030 North Cedar, Colorado Springs, Colorado 80903 , be, and hereby is, accepted for a period of three (3) years with the total sum being as above listed. Page 2 RE: OIL & GAS LEASE - RIO GRANDE EXPLORATION 58-8-8 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985 . "- '1^ 7) - BOARD OF COUNTY COMMISSIONERS ATTEST: �' ,..l.Gc. vww.,� I /a(.(Qt4Xc yj WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Ja eline Johnson, Chairman r , r. zi 671�rvtcp__„ ( Gene R. Brantner, Pro-Tem D puty County Cl rk EXCUSED APPROVED TO FORM: C.W. it �✓ (C )tede&a o Lac County Attorney �7/ / g F Ya c y 4 . AR2035217 WELD COUNTY OIL AND GAS TEASE Containing 80 acres, more or less: THIS LEASE AGREEMENT, dated this 4th day of December 19 85 , made and entered into by and between WELD COUNTY, COLORADO, a political subdivision of the STATE OF COLORADO, acting by and through the ?CARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, for its respective interests, c/o BOARD OF COUNTY CONNISSIONERS, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, CO 80631, hereinafter called Lessor, and: Rio Grande Exploration Co. /030 /U. C6fj/c/t r41.oRA p SPR/pJf5 en eogoa hereinafter called Lessee: - WITNESSETH WHEREAS, said Lessee has applied to Lessor for an oil and gas lease covering the land herein described, and has paid a filing fee in the amount of 510.00, plus a bonus consideration of S15.00 per mineral acre, fixed by Lessor as an additional consideration for the granting of this lease, and Lessee agrees to pay an annual rental of $ 80.00 , computed at the rate of 5 1.00 , per mineral acre or fraction thereof per year. WHEREAS, all the requirements relative to said application have been duly complied with and said application has been approved and allowed by Lessor; THEREFORE, in consideration of the agreements herein, op the part of Lensee to be paid, kept and performed, Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for, development of and production of oil and gas, or either of them, thereon and therefrom with the right to own all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and telegraph lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and any and all rights and privileges necessary for the exploration and operation of said land for oil and gas, the following described land situated in the County of Weld,. State of Colorado, and more particularly described as follows: DESCRIPTION OF LAND SECTION TOWNSHIP RANGE 8 8N 58W TO HAVE AND TO HOLD said land, and all the rights and privileges granted hereunder to Lessee until the hour of twelve o'clock noon on the 4th day of December , 19 88 as primary term, and so long thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said • primary term or any extension thereof or while this lease is in force by reason of production of oil and gas or either of them, or that such reworking is commenced within sixty days upon cessation of production for the purpose of re-establishing the same, and provided further that such production is commenced during such primary term cr any extension thereof, or while this lease is in force by reason of such drilling or reworking operations or other production. B 1094 REC 02035217 12/09/85 14: 08 $0. 00 1/008 (Rev. 2/85) F 1761 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO , ti/ EXPLORATION - Lessor reserves the right to conduct exploration on the leased land provided such exploration does not interfere with rights granted herein. In consideration of the premises, the parties covenant and agree as follows: 1. RENTAL - If this lease is extended for an additional term as provided for in the EXTENSION paragraph hereof, Lessee shall during such extended period pay to lessor an annual rental at double the rate above specified for the land covered hereby. The rental in effect at the time production is established shall not be increased due to the term of this- lease being extended by such production. Rentals set at the time of established production shall be paid during the remaining life of this lease, annually, in advance, on or before each anniversary date hereof. There shall be no refund of unused rental. 2. ROYALTY - Lessee shall account for any and all substances produced on the leased :and and Lessee shall pay to Lessor as royalty, in addition to the rentals provided, but except for products used on the leased land, unavoidably lost or flared on the leased land, with approval of Lessor, the following: (a) Cn oil, 121% of the oil produced and saved from the leased land. • At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor on the leased land, free of cost or deduction, into the pipelines or storage tanks designated by Lessor, but Lessee shall not in such case be required to provide free tankage for any such oil for a longer period than one month after the same is run into tanks. With sixty (60) days' notice to Lessee, Lessor may cease taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair market value of the oil at the well which shall not be deemed to be less than the price actually paid to Lessee at the well by the purchaser thereof; and in no event shall the royalties be based upon a market value at the well less than the posted price in the field for such oil, or in the absence of a posted price in the field for such oil, upon a market value at the well less than the prevailing price received by other producers in the field for oil of like grade and gravity at the time such oil is run into pipelines or storage tanks. (b) On gas, including casinghead gas or other gaseous substance, 121% of the fair market value, at the well or of the price received by Lessee at the well, whichever is greater, of all gas produced and sold from the :eased land or utilized off the land by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold under contract that has been approved by Lessor, the fair market value of such gas for determining the royalties payable hereunder shall be the price at which such gas is sold under such contract. No approval by Lessor of the terms of any such agreement shall operate to make Lessor a party thereto or obligate it thereunder in any way. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty in kind. With sixty (60) days' notice to Lessee, Lessor may cease taking gas royalty in kind. (c) All costs of marketing the oil and/or gas produced shall be borne by Lessee and such,shall not directly or indirectly reduce the royalty payments to Lessor. Except that marketing costs for Lessor's in-kind royalty Shall be borne by Lessor. (d) If Lessor owns a lesser interest in the oiI and gas deposits of the above-described land than the entire and undivided fee simple estate, then the royalties and rentals herein provided shall be paid to Lessor only in the portion which its interest bears to the whole and undivided fee, but no refund of any bonus consideration shall be made by Lessor hereunder. • B 1094 REC 02035217 12/09/85 14: 08 $0. 00 2/008 F 1762 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 3. RECORDS - Lessee agrees to keep and to have in possession complete and accurate books and records showing the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to Lessor upon request along with purchaser's support documentation. Lessor will not be unreasonable with requests. All said books and records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than five years. 4. MEASUREMENTS - All production shall be accurateRy measured using standards established by the American Gas Association (AGA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamperproof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated on actual and accurate measurements within API standards unless a different means of measurement, subject to Lessor's approval, is provided. 5. PAYMENTS & REPORTS - All payments and reports due hereunder shall be made on or before the day such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary term hereof. Oil royalty payments and supporting documents shall be submitted prior to the last day of the month following each month's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. All payments shall be made by cash, check, certified check or money order. Payments having restrictions, qualifications, or encumbrances of any kind whatsoever shall not be accepted by Lessor. A penalty for a late payment shall be charges as set forth in the PENALTIES paragraph herein. 6. PENALTIES - A penalty shall be-- imposed for, but not limited to late payments, improper payments, operational deficiencies, violation of any covenant of this lease, or false statements made to Lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by Lessor and shall become effective immediately after public notice. Said schedule may be changed from time to time after public notice. 7. LAW - The terms and conditions of this lease shall be performed and exercised subject to all laws, rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of lands and minerals owned by the County of Weld, and to laws, rules and regulations governing oil and gas operations in Colorado. Violations shall result in penalties as provided for by-law or as set forth in the aforementioned schedule or shall, at the option of Lessor, result in default as provided hereinafter. 8. SURRENDER - Lessee may at any time, by paying to Lessor all amounts then due as provided herein, surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved from further obligations or liability hereunder with respect to the land so surrendered; provided that no partial surrender or cancellation of this lease shall be for less than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section; provided further that this surrender clause and the optic herein reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, Lessor or any assignee of either to enforce this lease, or any of its terms expressed or implied. In no case shall any B 1094 REC 02035217 12/09/85 14: 08 $0. 00 3/008 F 1763 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • • surrender be effective until Lessee shall have made full provision for conservation of the leased products and protection of the surface rights of the leased land. 9. ASSIGNMENTS - - • • (a) Lessee, with prior -_itten consent of Lessor, shall have the right to assign the entire leasehold interest of said Lessee in all or part of the land covered hereby, but not less, however, than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section for any partial assignment, and for approval of such assignment Lessor shall make an assignment charge in an amount to be determined by Lessor. Prior to written approval by Lessor of assignment of this lease, Lessee (assignor) shall not be relieved of its obligations under the terms ' and conditions herein. An assignment shall not extend the term of this lease. (b) If any assignment of a portion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the assigned land, containing the same terms and conditions as this lease, and limited as to term as this lease is limited, and the assignor shall be released and discharged from all further obligations and liabilities as to that portion so assigned. (c) Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Said interests will not be recognized or approved by Lessor, and the effect of any such assignments will be strictly and only between the parties thereto, and outside the terms of this lease: and no dispute between parties to any such assignment shall operate to relieve Lessee from performance of any terms or conditions hereof or to postpone the time therefor. Lessor shall at all times be entitled to look solely to Lessee or his assignee shown en its books as being the sole owner hereof, and for the sending of all notices required by this lease and for the performance of all terms and conditions hereof. (d) Although not binding on Lessor, all instruments of every kind and nature whatsoever affecting this lease should be filed with the Lessor. 10. OVERRIDING ROYALTY - Any and all reservations or assignments or overriding royalties shall be subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent (5%), including any overriding royalty previously provided for unless production exceeds a monthly average of fifteen (15) barrels per day or ninety thousand cubic feet of gas per day (90 MCF/D). In the event that production drops to this amount or less, any overriding royalties which exceed five percent (5%) may be suspended. Lessor's approval of a reservation or assignment of an overriding royalty shall not bind Lessor for payment of said overriding royalty and shall not relieve Lessee of any of its obligations for payment of royalties to Lessor as provided by ROYALTY paragraphs herein. 11. OFFSET WELLS - Lessee agrees to protect the leased land from drainage by offset wells located on adjoining lands not owned by Lessor, when such drainage is not compensated for by counter-drainage. It shall be presumed that the production of oil and gas from offset wells results in drainage from the leased land, unless Lessee demonstrates to Lessor's satisfaction, by engineering, geological, or other data, that production from such offset well does not result in such drainage, or chat the drilling of a well or wells on the leased land would not accomplish the purposes of protecting the deposits under the leased land. Lessor's decision as to the existence of such drainage shall be final, and Lessee shall comply with Lessor's order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor. B F 1764 94 REC 02035217 12/09/85 14: 08 MARYANNFEUERSTEINCLERK & RECORDER•WELD CO, CO ♦ . 12. DEVELOPMENT - Upon discovery of oil and gas or either of them on the leased land, Lessee shall proceed with reasonable diligence to develop said land at a rate and to an extent commensurate with the economic development of the field in which the leased land lies. 13. UNITIZATION - COMMUNITIZkTION - In the event Lessor permits the land herein leased to be included within a communit -^-ion or un+t4ttlion agreement, the terms of this lease may be deemed to be modified to conform to such agreement. '.-hen only a portion of the land under this lease is committed by an agreement, Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the term of such separate lease shall be limited as to the original term of this lease. The terms of the lease on that portion remaining in the unit shall be deemed to be modified to conform to such agreement. Nonproducing leases shall terminate on the first anniversary date of the lease following the termination date of the unit or part thereof modifying the lease, but in no event prior to the end of the primary term of the lease or the extension term of the lease. 14. PRODUCTION - Lessee shall, subject to applicable laws, regulations and orders, operate and produce all wells upon the leased land so long as the same are capable of producing in paying quantities, and shall operate the same so as to produce at a rate commensurate with the rate of production of wells on adjoining lands within the same field and within the limits of good engineering practice, except for such times as there exist neither market nor storage therefor, and except for such limitations on or suspensions of production as may be approved in writing by Lessor. Lessee shall be responsible for adequate site security on all producing properties. 15. SETT-IN WELLS - If Lessee shall complete a well on the leased land productive of gas and Lessee is unable to produce such gas due to a lack of suitable market therefor, Lessor may grant Lessee suspension of his obligations to produce hereunder until a suitable market for such gas can be found, and during any such suspension period, it shall be deemed that- gas is being produced hereunder in paying quantities. Except, however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to Lessor a shut-in royalty equal to $2 per acre of the lease per annum in addition to the annual rental. The minimum amount of such shut-in royalty payment shall be $320. Each year's shut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during which the well begins production. The maximum extension of the lease, due to the existence of a shut-in well, shall be five years beyond the extension term as described in the EXTENSION paragraph herein. 'The granting of any further extensions shall be at the sole option of Lessor. 16. OPERATIONS - No exploration, d^"ing or production operation, including permanent installations, shall be within 200 feet of any existing building or other improvement, including water well or reservoir, without the written permission of the owner of said improvements. Lessee shall keep a correct log of each well drilled hereunder, showing by name or description the formations passed through, the depth at which each formation was reached, the number of feet of--each size casing set in each well, where set;-and- the total depth of each well drilled. Lessee, within thirty (30) days after the completion or abandonment of any well drilled hereunder, shall file in the office of Lessor a complete and correct Log of such well, together with a copy of the electric log and the radioactivity log of the well when such logs, or either of them, are run; and also a copy of all drill stem test results, core records and analyses, record of perforations and initial production tests, if any. If any of the information required by this paragraph is contained in reports required to be filed with the Oil and Gas Conservation Commission of Colorado, the requirements of this paragraph for such information may be satisfied by such filing with said Commission, except for copies of the reports as are required by the following paragraph, and provided that all such. _formation is immediately available to Lessor. Any proprietary information so submitted shall not __ subject to public _n spectien under Colorado law. '. 14: 08 $0. 00 5/008 B 1094 REC 02035217 12/09/85 F 1765 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Lessee shall bury pitelines below plow depth. Lessee shall set and cement sufficient surface casing to protect the fresh water wells of the area. 17. NC:IFICAT:CS - Lessee shall notify,Lessor and the surface lessee or surface owner of the location of each drill site at least two weeks prior to commencing drilling operations thereon. Lessee shall notify Lessor before commencing to plug and abandon any well by copy of Lessee's request for approval or sundry notice of intent to plug and abandon. -8. BONDS - Lessee shall be liable for all damages to the surface of the land, livestock, growing crops, water wells, reservoirs, or improvements caused by Lessee's operations on said land. No operations shall be commenced on the land hereinabove described unless and until Lessee shall have filed a good and e -On4ent bond with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as may be caused by Lessee's operations on said land and to assure compliance with all the terms and provisions of this lease, the laws of the State of Colorado, and the rules and regulations thereto appertaining. A bond may be held in effect for the life of production of any well. 19. SEfl E'c.T - Lessee shall not remove any machinery, equipment or fixtures placed on said land, other than drilling equipment, nor draw the casing from any well unless and until all payrents and obligations currently due Lessor under the terms of this lease shall have been paid or satisfied. Any machinery, equipment or fixtures :.eft on this land for a period of more than. six (6) months after the expiration hereof, shall automatically become the property of Lessor. 20. CTI R. DISCOVERY - Should Lessee discover any valuable products other than oil and gas, on or within the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event Lessee and Lessor may negotiate a provision for production of such discovery. 21. WATER - This lease does not grant permission, express or implied, to Lessee for water exploration, drilling, or establishing water wells without the written permission of the surface owner. If Lessor is the surface owner, said permission shall not be unreasonably withheld. If Lessee desires to establish or adjudicate any water right for beneficial use on the leased land, any such adjudication or application shall be in the name of Lessor if Lessor is the surface owner. The same shall apply to any nontr butar water rights established on the leased land which may he put to beneficial use off said lane. 22. DEFAULT - Upon failure or default of Lessee to comply with any of the terms and a cvs;.ocs hereof. including but not limited to the failure to comply with laws, rules and regulations governing Colorado oil and gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel In'eibex lease a_ tc all of the lace^^ land so claimed or possessed by Lessee hereunder. 7n the event of any such default or failure, Lessor shall, before making any such cancellation, send to Lessee by certified mail, to the post office address of said lessee as shown by the records of Lessor, a notice of intention to cancel for such failure or default, specifying the same, stating that if within thirty (30) days from the date of mailing said notice, Lessee shall correct such failure or default, no cancellation will be made. If such failure or default is not corrected within thirty (30) days after the mailing of such notice, and if Lessee does not request a hearing on such notice within thirty (30) days, this lease will terminate and be cancelled by operation of this paragraph without further action by Lessor, or further notice to Lessee. B 1094 REC 02035217 12/09/85 14: 08 $0. 00 6/008 F 1766 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 23. EXTENSION - If Lessee fails to sake discovery of oil and gas, or either of then, in paying quantities during the primary term hereof, or during drilling operations commenced during the primary term hereof, Lessee may make written application to Lessor for an extension of this lease for a term equal to the primary term as to all of the mineral acres covered hereby (excluding any mineral acres theretofore surrendered as in the SLaREtER Paragraph provided, or assigned as in the ASSIGNMENTS Paragraph provided). The granting of such extension shall be at the sole option of Lessor at double the rental for the primary term hereof. 24. HOLD HARMLESS - Lessee shall indemnify Lessor against all liability and loss, and against all claims and actions, including the defense of such claims or actions, based upon or arising out of damage or injury, including death, to persons or property caused by or sustained in connection with operations on this leased land or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation. 25. CONDEMNATION - If the leased land shall be taken in any condemnation proceeding, this lease shall • automatically terminate as of the date of taking. The award for such condemnation shall be paid to Lessor, except for any specific award(s) paid to Lessee for severed oil and gas reserves, in which event XXXXXXXXX of such specific award(s) shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation. Improvements shall be removed by Lessee per terms in the SEItIEMENT Paragraph herein. If only a portion of the leased land is taken by condemnation, Lessor may, at its option, terminate this lease or terminate only that portion of the lease so taken. 26. ERRORS - Every effort is Cade by Lessor to avoid errors in all procedures including but not •limited to auction listings and lease preparation. Lessor shall not be liable for any inconvenience or lass caused by errors which may occur. Lessee shall notify Lessor immediately upon discovery of any errors or discrepancy whatever. 27. ARCHAEOLOGY Lessee shall not destroy, disturb, mar, collect, remove or alter any prehistoric or historic resources of any kind on geld County lands as provided by law. These resources include but are not limited to all artifacts of stone, wood or metal, pictographs, structures, and bones. A discovery of anything of prehistoric or historic nature shall be reported to Lessor or the State of Colorado Archaeologist immediately. 28. DEFINITIONS - (a) "Gas" as used herein shall mean all gases (combustible and noncombustible), including but not limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helium. (b) "Oil and gas" as used herein shall include all substances produced as by-products - , including but not limited to sulfur. • (c) "Paying quantities" as used herein shall mean and refer to euantit_es of oil and gas or of either of them sufficient to pay for the current cost of producing same. 29. FIRS AND ASSIGNS - The benefits and obligations of this lease shall inure to and be binding upon the heirs, legal representatives, successors or assigns of lessee; but n, sublease or assignment hereof, or _are _s_ hbrobn, nnall be _ind<n', upon Lessor ....t.. G._ se=e -- - es splained -'. ..:he SS:G=_ ` 7rovide . B 1094 REC 02035217 12/09/85 14: 08 $0. 00 7/008 F 1767 MARX ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO �� Y 30. WA'2.ATT-v OF - Lessor does not warrant titre to the leased premises, but it shay_ upon e request, -- abstracts files. There allow Lessee � mss to such and other __tle papers as it has in itsshall be 70 obligation on Lessor's part to purchase new or supplemental or other ^'- e tapers nor to do any curative work is connection with title to to subject lands. All abstracts of -le, whether new or supplementa:-c, obtained by Lessee and covering the subject lands stall become the property of and be delivered to Lessor after Lessee has completed its title examination and curative work, subject, however, to the right of Lessee to use such abstracts upon reeuest at any time during t.._ to W o= -he 'e•se. IN WITNESS WHEREOF, lessor has hereunto signed and caused its n_^ the to be signed byBOARD OF CCTNTY COMMISSIONERS CF TEE COTE Y OF WELD, with the seal of the office affixed, cod lessee has signed this agreement, the day and year first above written. BOARD OF COL=TY coxm:ss:o::rs WELD COUNTY, COLORADO o 1711 Weld County:C!drk-pue.` e,00rderM 4 r �� and Clerk 9 :lie 1 [c2_.y� i,r r y _tziet.„44_4i • / ) Irc. (1--/- tare Fee sl Ire NT. r_a= CF COLORADO ) ezo &ta'lle ekPtcWei-TON 4• ) SS. COUNTY OF WELD „17h foregoing instrument was acknowledged before me this day of , ��'�e'L=ii,",�1�� 1917r by Witness my hand and 0c:1 `a,31 seal. Ny Commission Expires: -n-./ .:;+(/'J/J�j�y/• Notary public 7 E 1094 REC 02035217 12/09/85 14. 08 $0. 00 8/008 F 1768 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RESOLUTION RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED IN SECTION 12 , TOWNSHIP 8 NORTH, RANGE 58 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, a portion of said mineral acres not currently leased was put up for bid to lease, and WHEREAS , Rio Grande Exploration Company, 1030 North Cedar, Colorado Springs, Colorado 80903 , submitted the high bid to lease 200 net mineral acres, more or less, described to-wit: Section 12 : NEn; NEaNW;, Township 8 North, Range 58 West of the 6th P.M. , Weld County, Colorado WHEREAS, Weld County desires to accept the high bid offer submitted by Rio Grande Exploration Company to lease the above described mineral acreage for FIFTEEN and NO/100 DOLLARS ($15 .00) per net mineral acre, for a total sum of THREE THOUSAND and NO/100 DOLLARS ($3 ,000 .00) , together with a rental fee of ONE DOLLAR ($1 .00) per net mineral acre, which lease is to run for a period of three (3) years, commencing December 4 , 1985 , and ending at 12 : 00 noon on December 4 , 1988 , unless otherwise held, as stated in the lease agreement which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the high bid offer of Rio Grande Exploration Company, 1030 North Cedar, Colorado Springs, Colorado 80903 , be, and hereby is, accepted for a period of three (3) years with the total sum being as above listed. Page 2 RE: OIL & GAS LEASE - RIO GRANDE EXPLORATION 5E-8-12 The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985. `- °Ili BOARD OF COUNTY COMMISSIONERS ATTEST: i1 (Q.ui - emj WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board & áner4o-Tem eline Johnson, Chairman c C 77u-2i .�¢- � � � puty County Cll�rk� / EXCUSED APPROVED AS TO FORM: C.W. Kirb County Attorney /Si Fra Yam_ . .ch ler AR2035210 WELD COUNTY OIL AND GAS LEASE Containing 200 - acres, more or less: THIS LEASE AGREEMENT, dated this 4th day of December , 1985 , made and entered • into by and between WELD COUNTY. COLORADO, a political subdivision of the STATE OP COLORADO, acting by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, for its respective interests, c/o BOARD OF COUNTY CO-"4'ISSICNER5, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, CO 50631, hereinafter called Lessor, and: Rio Grande Exploration Co. /D3o N. C6Ar4,t- COIt>2o4190 SPRiu6-5 c 0g63 hereinafter called Lessee: WITNISSETH WHEREAS, said Lessee has applied to Lessor for an oil and gas lease covering the land herein described, and has paid a filing fee in the amount of 510.00, plus a bonus consideration of $ 15.00 per mineral acre, fixed by Lessor as an additional consideration for the granting of this lease, and Lessee agrees to pay an annual rental of $ 200.00 , computed at the rare of S 1.00 , per mineral acre or fraction thereof per year. WHEREAS, all the requirements relative to said application have been duly complied with and said application has been approved and allowed by Lessor; THEREFORE, in consideration cf the agreements herein, on the part of Lessee to be paid, kept and performed, Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for, development of and production of oil and gas, or either of them, thereon and therefrom with the right to own all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and telegraph lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and any and all rights and privileges necessary for the exploration and operation of said land for oil and gas, the following described land situated in the County of Weld, State of Colorado, and more particularly described as follows; DESCRIPTION OF LAND SECTION TOWNSHIP RANGE NE1; NE NW 4 12 aN 5SW TO HAVE AND TO HOLD said land, and all the rights and privileges _led hereunder to Lessee until tte hour of twelve o'clock noon on the 4th day of December 19 SS as primary term, and se long thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said primary term or any extension thereof or while this lease is in force by reason of production of oil and gas or either of them, or that such reworking is commenced within sixty days upon cessation of production for the purpose of re-establishing the sane, and provided further that such production is commenced during such _-.nary term or any extension or while this lease is in force by reason of such drilling or reworking operations or other proms -Ion. (?T -. 2/85) B 1094 REC 02035210 12/09/85 14: 06 $0.00 1/008 F 1705 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXPLORATION - Lessor reserves the right to conduct exploration on the leased land provided such exploration does not interfere with rights granted herein. In consideration of the premises, the parties covenant and agree as follows: r. A - If this lease is extended for an additional term as -provided for in the EXTENSION paragraph hereof, Lessee shall during such extended period ay to lessor r an annual rental at double the rate above specified for the land covered hereby. The rental in effect at the tine production is established shall mot be increased due to the term of this lease being extended by such production. Rentals set at the time of established production shall be paid during the remaining life of this lease, annually, in advance, on or before each anniversary dare hereof. There shall be no refund of unused rental. 2. ROYALTY - Lessee shall account for any and all substances produced on the leased land and Lessee shall pay to Lessor as royalty, in addition co the rentals provided, but except for products used on the leased land, unavoidably lost or flared on the leased land, with approval of Lessor, the following! (a) On oil, I2>5% of the oil produced and saved from the leased land. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor on :he leased land, free of cost or de-.-.action., into the pipelines or storage tanks designated by Lessor, but Lessee shall not in such case _ _ required to provide free tankage for any such oil for a longer period than one month after the - re is run into tanks. With sixty (60) days' notice to Lessee, Lessor nay cease taking oil royal-- in kind. when paid in cash, the royalty shall be calculated upon the fair market value of the o_ :.t the well :?:ich shall not be deemed to be less than the price actually paid to Lessee at the west by the purchaser thereof; and in no event shall the royalties be based upon a market value at the well less than the posted price in the field for such oil, or in the absence of a posted price in the field for such oil, upon a market value at the well less than the prevailing price received by other producers in the field for oil of like grade and gravity at the time such oil is run into pipelines or storage tanks. (b) On gas, including casinghead gas or other gaseous substance, 121% of the fair market value, at the well or of the price received by Lessee at the well, whichever is greater, of all gas produced and sold from the leased land or utilized off the land by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold under contract that has as been approved by Lessor, the fair market value of such gas for determining the royalties payable hereunder shall be the price at which such gas is sold under such contract. No approval by Lessor of the terms of any such agreement shall operate to make Lessor a party thereto or obligate it :hereunder in any way. At the option of Lessor, and with sixty Lessee,days' notice to Lessor may take its royalty in kind. With sixty (50) days' notice to Lessee, Lessor may cease taking gas royalty in kind. (c) All costs of marketing the oil and/or gas produced shall be borne by Lessee and suc21 costs shall not directly or indirectly reduce the royalty payments to Lessor. Except that marketing costs for Lessor's in-kind royalty shall be borne by Lessor. (d) If Lessor owns a lesser interest in the oil and gas deposits of the above-described land than the entire and undivided fee simple estate, then the royalties and rentals herein provided shall be paid to Lessor only in the portion which its interest bears to the whole and undivided fee, but no refund of any bonus consideration shall be made by Lessor hereunder. B 1094 REC 02035210 12/09/85 14: 06 $0. 00 2/008 F 1706 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ---_ 3. RECORDS - Lessee agrees to keep and to have in possession complete and accurate books and records showing the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to Lessor upon request along with purchaser's support documentation. Lessor will not be unreasonable with requests. All said books and records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than five years. 4. MEASUREMENTS - All production shall be accurately measured using standards established by the American Gas Association (AGA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamperproof as nearly as possible. Gil royalties due within the terms of this lease shall be calculated on actual and accurate measurements within API standards unless a different means of measurement, subject to Lessor's approval, is provided. 5. PAYMENTS & REPORTS - All payments and reports due hereunder shall be made on or before the day such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary tern hereof. Oil royalty payments and supporting documents shall be submitted prior to the last day of the month following each month's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. All payments shall be made by cash, check, certified check or money order. Payments having restrictions, qualifications, or encumbrances of any kind whatsoever shall not be accepted by Lessor. A penalty for a late payment shall be charges as set forth in the PENALTIES paragraph herein. 6. PENALTIES - A penalty shall be. imposed for, but not limited to late payments, improper payments, operational deficiencies, violation of any covenant of this lease, or false statements made to Lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by Lessor and shall become effective immediately after public notice. Said schedule may be changed from time to time after public notice. 7. LAW - The terms and conditions of this lease shall be performed and exercised subject to all laws, rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of lands and minerals owned by the County of Weld, and tc laws, rules and regulations governing oil and gas operations in Colorado. Violations shall result in penalties as provided for by law or as set forth in the aforementioned schedule or shall, at the option of Lessor, result in default as provided hereinafter. 8. SURRENDER - Lessee may at any time, by paying to Lessor all amounts then due as provided herein, surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved from further obligations or liability hereunder with respect to the land so surrendered; provided that no partial surrender or cancellation of this lease shall be for less than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section; provided further that this surrender clause and the option herein reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, Lessor or any assignee of either to enforce this lease, or any of its terns expressed or implied. In no case shall any B 1094 REC 02035210 12/09/85 14: 06 $0. 00 3/008 F 1707 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • surrender be effective until Lessee shall have made full provision for conservation of the leased products and protection of the surface rights of the leased land. 9. ASSIGN?LNTS - .. (a) Lessee, with prior written consent of Lessor, shall have the right to assign the entire leasehold interest of said Lessee in all or part of the land covered hereby, but not less, however, than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section for any partial assignment, and for approval of such assignment Lessor shall make an assignment charge in an amount to be determined by Lessor. Prior to written approval by Lessor of assignment of this lease, Lessee (assignor) shall not be relieved of its obligations under the terms and conditions herein. An assignment shall not extend the term of this lease. (b) If any assignment of a portion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the assigned land, containing the same terms and conditions as this lease, and limited as to term as this lease is limited, and the assignor shall be released and discharged from all further obligations and liabilities as to that portion so assigned. (c) Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Said interests will not be recognized or approved by Lessor, and the effect of any such assignments will be strictly and only between the parties thereto, and outside the terms of this lease: and no dispute between parties to any such assignment shall operate to relieve Lessee from performance of any terms or conditions hereof or to postpone the time therefor.- Lessor shall at all times be entitled to look solely to Lessee or his assignee shown on its books as being the sole owner hereof, and for the sending of all notices required by this lease and for the performance of all terms and conditions hereof. (d) Although not binding on Lessor, all instruments of every kind and nature whatsoever affecting this lease should be filed with the Lessor. 10. OVERRIDING ROYALTY - Any and all reservations or assignments or overriding royalties shall be subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent (5%), including any overriding royalty previously provided for unless production exceeds a monthly average of fifteen (15) barrels per day or ninety thousand cubic feet of gas per day (90 MCF/D). In the event that production drops to this amount or less, any overriding royalties which exceed five percent (5%) may be suspended. Lessor's approval of a reservation or assignment of an overriding royalty shall not bind Lessor for payment of sand overriding royalty and shall not relieve Lessee of any of its obligations for payment of royalties to Lessor as provided by ROYALTY paragraphs herein. 11. OFFSET WELLS - Lessee agrees to protect the leased land from drainage by offset wells located cm adjoining lands not owned by Lessor, when such drainage is not compensated for by counter-drainage. It shall be presumed that the production of oil and gas from offset wells results in drainage •frox the leased land, unless Lessee demonstrates to Lessor's satisfaction, by engineering, geological, or other data, that production from such offset well does not result in such drainage, or that the drilling of a well or wells on the leased land would not accomplish the purposes of protecting the deposits under the leased land. Lessor's decision as to the existence of such drainage shall be final, and Lessee shall comply with Lessor's order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor. B 1094 REC 02035210 12/09/85 14. 06 $0. 00 4/008 F 1708 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO . a. 12. DEVELOPMENT - Upon discovery of oil and gas or either of them on the leased land, Lessee shall proceed with reasonable diligence to develop said land at a rate and to an extent commensurate with the economic development of the field in which the leased land lies. 13. UNITIZATION - CO`E1'NiTIZA_ION - In the event Lessor permits the land herein leased to be included within a communititation or uni"^--*ion agreement, the terms of this lease may be deemed to be modified to conform to such agreement. Chen only a portion of the land under this lease is cermitted by an agreement, Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the term of such separate lease shall be limited as to the original term of this lease. The terms of the lease on that portion remaining in the unit shall be deemed to be modified to conform to such agreement. Nonproducing leases shall terminate on the first anniversary dace of the lease following the termination date of the unit or part thereof modifying the lease, but in no event prior to the end of the primary term of the lease or the extension term of the lease. 14. PRODUCTION - Lessee shall, subject to applicable laws, regulations and orders, operate and produce all wells upon the leased land so long as the same are capable of producing in paying quantities, and shall operate the same so as to produce at a rate commensurate with the rate of production of wells on adjoining lands within the same field and within the limits of good engineering practice, except for such times as there exist neither market nor storage therefor, and except for such limitations on or suspensions of production as nay be approved in writing by Lessor. Lessee shall be responsible for adequate site security on all producing properties. 15. SHUT-IN WELLS - If Lessee shall complete a well on the leased land productive of gas and Lessee is unable to produce such gas due to a lack of suitable market therefor, Lessor may grant Lessee suspension of his obligations to produce hereunder until a suitable market for such gas can be found, and during any such suspension period, it shall be deemed that- gas is being produced hereunder in paying quantities. Except, however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to Lessor a shut-in royalty equal to $2 per acre of the lease per annum in addition to the annual rental. The minimum amount of such shut-in royalty payment shall be $320. Each year's shut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during which the well begins production. The maximum extension of the lease, due to the existence of a shut-in well, shall be five years beyond the extension term as described in the EXTENSION paragraph herein. The granting of any further extensions shall be at the sole option of Lessor. 16. OPERATIONS - No exploration, drilling or production operation, including permanent installations, shall be within 200 feet of any existing butlding- or-other improvement, including water well or reservoir, without the written permission of the owner of said improvements. Lessee shall keep a correct log of each well drilled hereunder, showing by name or description the formations passed through, the depth at which each formation was reached, the number of feet of each size casing- set in each well, where set, -and the total depth of each well drilled. Lessee, within thirty (30) days after the completion or abandonment of any well drilled hereunder, shall file in the office of Lessor a complete and correct log of such well, together with a copy of the electric log and the radioactivity log of the well when such logs, or either of them, are run; and also a copy of all drill stem test results, core records and analyses, record of perforations and initial production tests, if any. If any of the information required by this paragraph is contained in reports required to be filed with the Oil and Gas Conservation Commission of Colorado, the requirements of this paragraph for such information may be satisfied by such filing with said Commission, except for copies of the reports as are required by the following paragraph, and provided that all such infor-ation is immediately available to Lessor. Any proprietary information so submitted shall not be subject to pudic inspection under Colorado law. B 1094 REC 02035210 12/09/85 14: 06 $0. 00 5/008 F 1709 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Lessee shall burry pipelines below plow depth. Lessee shall set and cement sufficient surface casing to protect the fresh water wells of the area. 17. NOTIFICATION - Lessee shall notify Lessor and the surface lessee or surface owner of the location of each drill site at least two weeks prior to commencing drilling operations thereon. Lessee shall notify Lessor before commencing to plug and abandon any well by copy of Lessee's request for approval or sundry notice of intent to plug and abandon. 18. 30:'DS - Lessee shall be liable for all damages to the surface of the land, livestock, growing crops, water wells, reservoirs, or improvements caused by Lessee's operations on said land. No operations shall be commenced on the land here'-n.above described unless and until Lessee shall have filed a good and sufficient bond with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as may be caused by Lessee's operations on said land and to assure compliance with all the terms and provisions of this lease, the laws of the State of Colorado, and the rules and regulations thereto appertataing. A bond may be held in effect for the life of production of any well. 19. S=—'Y"-ENT - Lessee shall not remove any machinery, equipment or fixtures placed on said land, other than drilling equipment, nor draw the casing from any well unless and until all payments and obligations currently due Lessor under the terms of this lease shall have been paid or satisfied. Any machinery, equipment or fixtures left on this land for a period of more than six (6) months after the expiration hereof, shall automatically become the property of Lessor. 20. OTHER DISCOVERY - Should Lessee discover any valuable products other than oil and gas, on or within the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event Lessee and Lessor may negotiate a provision for production of such discovery. 21. WATER - This lease does not grant permission, express or implied, to Lessee for water exploration, drilling, or establishing water wells without the written permission of the surface owner. If Lessor is the surface owner, said permission shall not be unreasonably withheld. If Lessee desires to establish or adjudicate any water right for beneficial use on the leased land, any such adjudication or application shall be in the name of Lessor if Lessor is the surface owner. The same shalt apply to ar.y nontributary water rights established on the leased land which may be put to beneficial use off said land. 22. DEFAULT - Upon failure or default of Lessee to comply with any of the terms and provisions hereof including but not limited to the failure to comply with laws, rules and regulations governing Colorado oil and gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel this lease as to all cf the leased land so claimed or possessed by Lessee hereunder. 7n the event of any such default or failure, Lessor shall, before making any such cancellation, send to Lessee by certified tail, to the post office address of said lessee as shown by the records of Lessor, a notice of intention to cancel for such failure or default, specifying the same, stating that if within thirty (30) days from the date of mailing said notice, Lessee shall correct such failure or default, no cancellation will be made. If such failure or default is not corrected within thirty (30) days after the mailing of such notice, and if Lessee does not request a hearing on such notice within thirty (30) dawn., this lease will terminate and be cancelled by operation of this paragraph without further action by Lessor, or further notice to Lessee. B 1094 REC 02035210 12/09/85 14. 06 $0. 00 6/008 F 1710 MARY ANN FETJERSTEIN CLERK & RECORDER WELD CO, CO elk 23. EXTENSION - If Lessee fails to make discovery of oil and gas, or either of them, in paying quantities during the primary term hereof, or during drilling operations commenced during the primary term hereof, Lessee may make written application to Lessor for an extension of this :ease for a term equal to the primary tern as to all of the mineral acres covered hereby (excluding any mineral acres theretofore surrendered as in the SURRENDER Paragraph provided, or assigned as in the ASSIGNMENTS Paragraph provided). The granting of such extension shall be at the sole option of Lessor at double the rental for the primary term hereof. 24. HOLD HARMLESS - Lessee shall indemnify Lessor against all liability and loss, and against all claims and actions, including the defense of such claims or actions, based upon or arising out of damage or injury, including death, to persons or property caused by or sustained in connection with operations on this leased land or by conditions created thereby, or based upon any violation of any statute, ordinance, or rep <on. 25. CONDEMNATION - If the leased land shall be taken in any condemnation proceeding, this lease shall automatically terminate as of the date of taking. The award for such condemnation shall be paid to Lessor, except for any specific award(s) paid to Lessee for severed oil and gas reserves, in which event XXXXXXXXX of such specific award(s) shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation. Improvements shall be removed by Lessee per terms in the SET_L CN_ Paragraph herein. If only a portion of the leased land is taken by condemnation, Lessor may, at its option, terminate this lease or terminate only that portion of the lease so taken. 26. ERRORS - Every effort is made by Lessor to avoid errors in all procedures including but not limited to auction listings and lease preparation. Lessor shall not be liable for any,i^,convenience or lass caused by errors which may occur. Lessee shall notify Lessor immediately upon discovery of any errors or discrepancy whatever. 27. ARCHAEOLOGY - Lessee shall not destroy, disturb, mar, collect, remove or alter any prehistoric or historic resources of any kind on Weld County lands as provided by law. These resources include but are not limited to all ar-4=-^-s of stone, wood or metal, pictographs, st^•^-^res, and bones. A discovery of anything of prehistoric or historic nature shall be reported to Lessor or the State of Colorado Archaeologist i to",-e7y. 28. DE.INIT:CNS - (a) Gas as used herein shall mean all gases (c^-,b.. -;+.1 pd , ...,:.,g but no: limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helium. (b) "Oil and cas" as used herein shall include all substances produced as by-pro"^- herewith, including but not limited to sulfur. (c) "Payingquantities" as used herein shall mean and refer to cuan lties of oil and gas or of either of them sufficient to pay for the current cost of producing same. 29. f=:RS AND ASSIGNS - The benefits and obligations of this lease shall inure to 2nd be binding upon the t.its, local regceseatatives, successors or ass=ns of Lessee; but no sublease o— as s'(.anm� ):eiPof. ..r _tteres_ .._r_. to '._r.d' .. Lessor ,...t.. the ..ved _ cs _n ciN_N _ -rap Avid d. ° B 1094 REC 02035210 12/09/85 14: 06 $0.00 7/008 F 1711 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 30. wARRAITY OP r - Lessor does not warrant title to the leased pretises, but it shall, urn request, allow Lessee access to such abstracts and other title papers as it has in its files. There shall be no obligation on Lessor's cart to purchase new or supplemental or other title papers nor to do any curative work in connection with title to the subject lands. All abstracts of "4-7e, whether new or supplementary, obtained by Lessee and covering the subject lands shall become the property of ant be delivered to Lessor after Lessee has completed its title examination and curative work, subject, however, to the right of Lessee to use such abstracts upon recuest at any time during the term of the Lease. IN WITNESS (:HEREOF, lessor has hereunto signed and caused its name to be signed by the BOARD OF COUNTY COMMISSIONERS CF THE COT= OF WILD, with the seal cf the office affixed, and Lessee has signed this agreement, the day and year first above written. BOARD OF COL:Cr CC---^`..SSIOXIRS WELD COUNTY, COLORADO Weld County C erl end Itecorguer and Clew to Itie Board / / /67. il062747- SILAIS CF COLORADO ) ) ss. COUNTY OF WILD The foregoing instrument was acknowledged before me this iF day of a,..c4f a;.c�i�i witness my hand and occ" seal. My Commission Expires: Notary Public f • T t - Jv i cy pal t 4 B 1094 REC 02035210 12/09/85 14: 06 $0. 00 8/008 F 1712 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO E 7 fj\& |\ a ; # ' 3 ` . % IkI{k/ k u k / { ; ! /a\ -_ } \ co $ \ §\ 112} a \ ' } | : 21°: 7 j % . k =; !03 § ° ? 6 / / o ) o » k^ (\ k \\§ h {! { \ \ q [ � ! !A 4'� 6 J u a ` }!§{!!)/ . - j / } - - al.,_4(6 $ ,„2 ! or, \ 2=/ \ . ( flo u: 13®. 2 ! ; 2 g i* ® #� 4.,.. ; \ gl .; r- >- § _ = a a u z .z - 2 | • ) rZ ° 2 ; w = _ . Z LO X � k < - . �. ..g. . . PS Form 3811.July,_ 447-845 of? 01/27--- _�IC_TU__ PT i + la Form m; Feb. ,m - tee ) - z -I -E .n- 2 _ /\ / _ . 3 / . E = : F. : ; : 22 / ,( \ ' O 0 ` /Q ° � � 2 <s - ' n \ ' r0 = • -< - ° § /j e = � _ I- y m r ± & j - : : \ ° \ \\ { ? RESOLUTION RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED IN SECTION 18 , TOWNSHIP 8 NORTH, RANGE 58 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS , a portion of said mineral acres not currently leased was put up for bid to lease, and WHEREAS, Rio Grande Exploration Company, 1030 North Cedar, Colorado Springs, Colorado 80903 , submitted the high bid to lease 14 .25 net mineral acres, more or less, described to-wit: Section 18 : W1/2SWs; SWnNWa, Township 8 North, Range 58 West of the 6th P.M. , Weld County, Colorado (1/8 Interest) WHEREAS, Weld County desires to accept the high bid offer submitted by Rio Grande Exploration Company to lease the above described mineral acreage for TEN and NO/100 DOLLARS ($10 .00) per net mineral acre, for a total sum of ONE HUNDRED FORTY-TWO and 50/100 DOLLARS ($142.50) , together with a rental fee of ONE DOLLAR ($1 .00) per net mineral acre, which lease is to run for a period of three (3) years, commencing December 4 , 1985 , and ending at 12 : 00 noon on December 4 , 1988 , unless otherwise held, as stated in the lease agreement which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the high bid offer of Rio Grande Exploration Company, 1030 North Cedar, Colorado Springs, Colorado 80903 , be, and hereby is, accepted for a period of three (3) years with the total sum being as above listed. Page 2 RE: OIL AND & GAS LEASE - RIO GRANDE EXPLORATION 58-8-18 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985 _ �/ P' BOARD OF COUNTY COMMISSIONERS ATTEST: 7 'f(.Or' /f A it"— ' -''°'/ WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Ja eline Johnson, Chairman r _ C �n A K . J Gene R. Bra. er, Pro-Tem eputy County C k // EXCUSED APPROVED AS TO FORM: C.W. Kirby - 'Cr- f?.-- G . ac ' , County Attorney � / /// /,9; Fra ama u, • AR2035211 WELD COUNTY OIL AND GAS LEASE Containing 14.25 acres, more or less: THIS LEASE ACRE •;T, dated this 4th day of December , 19 85 , made and entered into by and between WELD COUNTY, COLORADO, a political subdivision of the STATE OF COLORADO, acting by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, for its respective interests, c/o BOARD OF COUNTY COMMISSIONERS, WELD COUNTY CENTINNTAL CENTER, 915 10TH STREET, GREELEY, CO S0631, hereinafter called Lessor, and: ¢ "randPJXp1ontiQn Co. (c3er I', --+1A1Z. Colo SP6-6 to 43OgO3 hereinafter called Lessee: WITNESSETH WHEREAS, said Lessee has applied to Lessor for an oil and gas lease covering the land herein described, and has paid a filing fee in the amount of S10.00, plus a bonus consideration of S10.00 per mineral acre, fixed by Lessor as an additional consideration for the granting of this lease, and Lessee agrees to pay an annual rental of S 15.00 , computed at the rate of $ 1.00 , per mineral acre or • fraction thereof per year. WHEREAS, all the requirements relative to said application have been duly complied with and said application has been approved and allowed by Lessor; THEREFORE, in consideration of the agreements herein, on the part of Lessee to be paid, kept and performed, Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for, development of and production of oil and gas, or either of them, thereon and therefrom with the right to own all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of this lease, together with rights-of-way, cavements and servitudes for pipelines, telephone and telegraph lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and any and all rights and privileges necessary for the exploration and operation of said land for oil and gas, the following described land situated in the Country of Weld, State of Colorado, and more particularly described as follows: DESCRIPTION OF LAND SECTION TOWNSHIP RANGE b% SW1/4; S4:-YWit (1/8 int) 18 SN 58W TO HAVE AND TO HOLD said land, and all the rights and privileges granted hereunder to Lessee until the hour of twelve o'clock noon on the 4th day of December , 19 88 as primary tern, and so long thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are co=enced during saic primary term or any extension thereof or while this lease is in force by reason of production of oil and gas or either of them, or that such reworking is commenced within sixty days upon cessation of production for the purpose of re-establishing the same, and provided further that such production is commenced during such primary term or any extension _hereof, or while this lease is in force by reason of such d-"'ing or reworking operations or other nroducticn. (mow. 2/8_) B 1094 REC 02035211 12/09/85 14: 06 $0.00 1/008 7/7,/}1 1713 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • EXPLORATION - Lessor reserves the right to conduct exploration on the 'leased land provided such exploration does not interfere with rights granted herein. In consideration of the premises, the parties covenant and agree as follows: • 1. RENTAL - Tf this lease is extended for an additional term as provided for in the EXTENSION paragraph hereof, Lessee shall during such extended period pay to lessor an annual rental at double the rate above specified for the land covered hereby. The rental in effect at the time production is established shall not be increased due to the term of this lease being extended by such production. Rentals set at the time of established production shall be paid during the remaining life of this lease, annually, in advance, on or before each anniversary date hereof. There shall be no refund of unused rental. 2. ROYALTY - Lessee shall account for any and all substances produced on the leased land and Lessee shall pay to Lessor as royalty, in addition to the rentals provided, but except for products used on the leased land, unavoidably lost or flared on the leased land, with approval of Lessor, the following: (a) On oil, 123x% of the oil produced and saved from the leased land. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor on the leased land. free of cost or deduction, into the pipelines or storage tanks designated by Lessor, but Lessee shall not in such case be required to provide free tankage for any such oil for a longer period than one month after the same is run into tanks. With sixty (60) days' notice to Lessee, Lessor may cease taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair market value of the oil at the well which shall not be deemed to be less than the price actually paid to Lessee at the well by the purchaser thereof; and in no event shall the royalties be based upon a market value at the well less than the posted price in the field for such oil, or in the absence of a posted price in the field for such oil, upon a market value at the well less than the prevailing price received by other producers in the field for oil of like grade and gravity at the time such oil is run into pipelines or storage tanks. (b) On gas, including casinghead gas or other gaseous substance, 1.21/27, of the fa r market value, at the well or of the price received by Lessee at the well, whichever is greater, of all gas produced and sold from the leased land or utilized off the land by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold under contract that has been approved by Lessor, the fair market value of such gas for determining the royalties payable hereunder shall be the price at which such gas is sold under such contract. No approval by Lessor of the terms of any such agreement shall operate to rake Lessor a party thereto or obligate it thereunder in any way. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty in kind. With sixty (60) days' notice to Lessee, Lessor may cease taking gas royalty in kind. (c) All costs of marketing the oil addror gas produced shall be borne by Lessee and such coats shall not directly or indirectly reduce the royalty payments to Lessor. Except that marketing costs for Lessor's in-kind royalty shall be borne by Lessor. (d) If Lessor owns a lesser interest in the oil and gas deposits of the above-described land than the entire and undivided fee simple estate, then the royalties and rentals herein provided shall be paid to Lessor only in the portion which its interest bears to the whole and undivided fee, but no refund of any bonus consideration shall be made by Lessor hereunder. B 1094 REC 02035211 12/09/85 14: 06 $0.00 2/008 F 1714 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 3. RECORDS - Lessee agrees to keep and to have in possession complete and accurate books and records showing the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to Lessor upon request along with purchaser's support documentation. Lessor will not be unreasonable with requests. All said books and records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than five years. • 4. YroASUR MENTS - All production shall be accurately measured using standards established by the American Gas Association (AGA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamperproof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated on actual and accurate measurements within API standards unless a different means of measurement, subject to Lessor's approval, is provided. 5. PAYMENTS & REPORTS - All payments and reports due hereunder shall be made on or before the day such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary term hereof. Oil royalty payments and supporting documents shall be submitted prior to the last day of the month following each month's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. • -- - --- All payments shall be made by cash, check, certified check or money order. Payments having restrictions, qualifications, or encumbrances of any kind whatsoever shall not be accepted by Lessor. A penalty for a late payment shall be charges as set forth in the PENALTIES paragraph herein. 6. PENALTIES - A penalty shall be- imposed for, but not limited to late payments, improper payments, operational deficiencies, violation of any covenant of this lease. or false statements made to Lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by Lessor and shall become effective immediately after public notice. Said schedule may be changed from time to time after public notice. 7. LAW - The terms and conditions of this lease shall be performed and exercised subject to all laws, rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of lands and minerals owned by the County of Weld, and to laws, rules and regulations governing oil and gas operations in Colorado. Violations shall result in penalties as provided for by law - - or as set forth in the aforementioned schedule or shall, at the option of Lessor, result in default as provided hereinafter. 8. SURRENDER - Lessee may at any tine; by paying to Lessor all amounts then due as provided herein, surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved from further obligations or liability hereunder with respect to the land so surrendered; provided that no partial surrender or cancellation of this lease shall be for less than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section; provided further that this surrender clause and the option herein reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, Lessor or any assignee of either to enforce this lease, or any of its tern expressed or implied. In no case shall any B 1094 REC 02035211 12/09/85 14: 06 $0. 00 3/008 F 1715 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO surrender be effective until Lessee shall have made full provision for conservation of the leased products • and protection of the surface rights of the leased land. 9. ASSIGNSZNTS - . (a) Lessee, with prior written consent of Lessor, shall have the right to assign the entire leasehold interest of said Lessee in all or part of the land covered hereby, but not less, however, than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section for any partial assignment, and for apprcval of such assignment Lessor shall make an assignment charge in an amount to be determined by Lessor. Prior to written approval by Lessor of assignment of this lease, Lessee (assignor) shall not be relieved of its obligations under the terms and conditions herein. An assignment shall not extend the term of this lease. (b) If any assignment of a potion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the assigned land, containing the same terms and conditions as this lease, and limited as to term as this lease is limited, and the assignor shall be released and discharged from all further obligations and liabilities as to that portion so assigned. (c) Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Said interests will not be recognized or approved by Lessor, and the effect of any such assignments will be strictly and only between the parties thereto, and outside the terms of this lease: and no dispute between parties to any such assignment shall operate to relieve Lessee from performance of any terms or conditions hereof or to postpone the time therefor. Lessor shall at all times be entitled to look solely to Lessee or his assignee shown on its books as being the sole owner hereof, and for the sending of all notices required by this lease and for the performance of all terms and conditions hereof. (d) - Although not binding on Lessor, all instruments of every kind and nature whatsoever affecting this lease should be filed with the Lessor. 10. OVERRIDING ROYALTY - Any and all reservations or assignments or overriding royalties shall be • subject to apprcval by Lessor. The total of said overriding royalties shall not exceed five percent (5%), including any overriding royalty previously provided for unless production exceeds a monthly average of fifteen (15) barrels per day or ninety thousand cubic feet of gas per day (90 MCF!D). In the event that • production drops to this amount or less, any overriding royalties which exceed five percent (5%) may be suspended. Lessor's approval of a reservation or assignment of an overriding royalty shall not bind Lessor for payment of said overriding royalty and shall not relieve Lessee of any of its obligations for payment of royalties to Lessor as provided by ROYALTY _ .-.raphs herein. 11. OFFSET WELLS - Lessee agrees to r-ntect the leased land from drainage by offset wells located on adjoining lands not owned by Lessor, when such drainage is not compensated for by counter-drainage. It .shall be presumed that the production of oil and gas from offset wells results in drainage from the leased land, unless Lessee demonstrates to Lessor's satisfaction, by engineering, geological, or other data, that production from such offset well does not result in such drainage, or that the drilling of a well or wells on the leased land would not accomplish the purposes of protecting the deposits under the leased land. Lessor's decision as to the existence of such drainage shall be final, and Lessee shall comply with Lessor's order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor. B 1094 REC 02035211 12/09/85 14: 06 $0. 00 4/008 F 1716 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO eo . . . • 12. DEVELOPMENT - Upon discovery of oil and gas or either of them on the leased land, Lessee shall proceed with reasonable diligence to develop said land at a rate and to an extent commensurate with the economic development of the field in which the leased land lies. 13. UNITIZATION - CO"_`CNITIZATlON - In the event Lessor permits the land herein leased to be included within a communitization or unitization agreement, the terms of this lease may be deemed to be modified to conform to such agreement. When only a portion of the land under this lease is committed by an agreement, Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the term of such separate lease shall be limited as to the original term of this lease. The terms of the lease on that portion remaining in the unit shall be deemed to be modified to conform to such agreement. Nonproducing leases shall terminate on the first anniversary date of the lease following the termination date of the unit or part thereof modifying the lease, but in no even: prior to the end of the primary term of the lease or the extension term of the lease. 14. PRODUCTION - Lessee shall, subject to applicable laws, regulations and orders, operate and produce all wells upon the leased land so long as the same are capable of producing in paying quantities, and shall operate the same so as to produce at a rate commensurate with the rate of production of wells on adjoining lands within the sane field and within the limits of good engineering practice, except for such times as there exist neither market nor storage therefor, and except for such limitations on or suspensions of production as may be approved in writing by Lessor. Lessee shall be responsible for adequate site security on all producing properties. 15. S T-IN WELLS - If Lessee shall complete a well on the leased land productive of gas and Lessee is unable to produce such gas due tc a lack of suitable market therefor, Lessor may grant Lessee suspension of his obligations to produce hereunder until a suitable market for such gas can be found, and during any such suspension period, it shall be deemed that- gas is being produced hereunder in paying quantities. Except, however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to Lessor a shut-in royalty equal to $2 per acre of the lease per annum in addition to the annual rental. The minimum amount of such shut-in royalty payment shall be $320. Each year's shut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during which the well begins production. The maximum extension of the lease, due to the existence of a shut-in well, shall be five years beyond the extension term as described in the EXTENSION paragraph herein. The granting of any further extensions shall be a: the sole option of Lessor. 16. OPSR.LTIONS - No exploration, drilling or production operation, including permanent installations, shall be within 200 feet of any existing building or other improvement, including-water well or reservoir, without the written permission of the owner of said improvements. Lessee shall keep a correct log of each well drilled hereunder, showing by name or description the formations passed through, the depth at which each formation was reached, the number of feet of each size casing set in each well, where set; and the — - total depth of each well drilled. Lessee, within thirty (30) days after the completion or abandonment of any well drilled hereunder, shall file in the office of Lessor a complete and correct log of such well, together with a copy of the electric log and the radioactivity log of the well when such logs, or either of them, are run; and also a copy of all drill stem test results, core records and analyses, record of perforations and initial production tests, if any. If any of the information required by this paragraph is contained in reports required to be filed with the Oil and Gas Conservation Commission of Colorado, the requirements of this paragraph for such information may be satisfied by such filing with said Commission, except for copies of the reports as are required by the following paragraph, and provided that all such -nformation is immediately available to Lessor. Any proprietary information so submitted shall not be subject to public inspection under Colorado law. B 1094 REC 02035211 12/09/85 14: 06 $0. 00 5/008 F 1717 NARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Lessee shall bury pipelines below plow depth. Lessee shall set and cement sufficient surface casting to protect the fresh water wells of the area. 17. NOTIFICATLCN - Lessee shall notify Lessor and the surface lessee or surface owner of the location of each dri<l site at least two weeks prior to commencing drilling operations Lessor before co menci,. e q thereon.tfLessee shall notify ^3 to ?lug and abandon any well by notice of intent to ?Lugcopy of Lessee's request for approval or sundry and abandon. It. BONDS - Lessee shall be liable for all damagessurface of crops, water wells, reservoirs, or g to the ts the land, livestock,improvements caused by Lessee's growing shall be commenced on the es and until operations s said land• No d operations and land hereinabove described unless and Lessee sufficient bond with shall have `Iles Lessor, in an amount to be fixed by �. a good and may be caused by Lessee's operations on saidLessor, to Se C;;re the all h for such damages i as land and to assure compliance with the terms and provisions of this lease,ndh sy be held the laws of the State of Colorado, and the rules and regulations thereto appertainia in effect for life production of any well. 8• A 19. SETTLEMENT - Lessee shall not remove other than drilling any machinery, equipment or fixtures placed 8 equipment, nor draw the casing from a y 9 l unless t on said la an, obligations currently due Lessor under the terms of this lease sell ve and until all payments and machinery, eduipment or fixtures nhall have been paid or satisfied.e Any h left c this land for a period of more than six (6) months after the expiration hereof, shall automatically become the property of Lessor. 20. OTHER DISCOVERY - Should Lessee discover any valuable products other than oil and gas, on or within the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event Lessee and Lessor may negotiate a provision for production of such discovery, 21. WATER - This lease does not grant permission, express or implied on, drilling, or establishing water wells without to Lessee for water essorrisi the written permission of the surface surface owner, said permission shall not be owner, If Lessor is the unreasonably withheld. If Lessee desires to establish or adiudicate any water right for beneficial use on the leased land, any such adjudication or application shall be in the name of Lessor if Lessor is the surface established ` ee owner. The f sane apply to any ro.^.tributary- water rights hod on the leased land which may be put to beneficial use off said land. 22. DEFASI - Upon failure or default�� of Lessee to comply with of _ including but not limited to the failure CO comply with laws, y ' h any e _ e to ys andprovisionsig o hereoforoil and gas operations, Lessor is rules and re;•er ina governing provided,d toacJeel hereby authorized upon notice and hearing, as hereinafter to cancel this lease as to all of the leased land so claimed or possessed by Lessee hereunder. In h e nt of Any such default or failure, Lessor shall, before making any such cancellation, send to Lessee by P certified mail, to the post office address of said lessee as shown by the records of Lessor, a notice of intention to cancel for such failure or default, specifying the same, stating that if within thirty (30) days from the date of mailing said notice, Lessee shall correct such failure or default, no cancellation will be made. If such failure cr default is not corrected within thirty (30) days after the mailing of such notice, and if Lessee does not request a hearing on such notice within thirty (30) days, this lease will terminate and be cancelled by operation of this paragraph without further action by Lessor, or further notice to Lessee. B 1094 REC 02035211 12/09/85 14. 06 $0.00 6/008 F 1718 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • • 23. EXTENSION - If Lessee fails to make discovery of oil and gas, or either quantities during the primary term hereof, or during d- of then, in paying rn "+ng operations commenced during the primary term hereof, Lessee may make written application to Lessor for an extension of this lease fora temp equal to the primary term as to all of the mineral acres covered hereby (excluding any mineral acres theretofore surrendered as in the SURRENDER Paragraph provided, or assigned as in the ASSIGNMENTS Paragraph provided)_ The granting of such extension shall be at the sole option of Lessor at double the rental for the primary term hereof. 24. HOLD HARMLESS - Lessee shall indemnify Lessor against all liability and loss, and against all claims and actions, including the defense of such claims or actions, based upon or arising out of damage or injury, including death, to persons or property caused by or sustained in connection with operations on this leased land or by conditions created thereby, or based upon any violation of any st atute, ordinance, or regulation. 25. CONDEMNATION - If the leased land shall be taken in any condemnation proceeding, this lease shall automatically terminate as of the date of taking. The award for such condemnation shall be paid to Le ssor, except for any specific award(s) paid to Lessee for severed oil and gas reserves, in which event XXXXXXXXX of such specific award(s) shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation. Improvements shall be removed by Lessee per terms in the SE .E!INT -. Parag. aph herein. If only a portion of the leased land is taken by condemnation, Lessor may, at its option,Paragraph nate this lease or terminate only that portion of the lease so taken. 26. ERRORS - Every effort is made by Lessor to avoid errors in all procedures including but not limited to auction listings and lease preparation. Lessor shall not be liable for any inconvenience or loss caused by errors which may occur. Lessee shall notify Lessor immediately upon discovery of any errors or discrepancy whatever. 27. ARCHAEOLOGY - Lessee shall not destroy, disturb, mar, collect, remove or alter any prehistoric or historic resources of any kind on Weld County lands as provided by law. These resources include but are not limited to all artifacts of stone, wood or metal, pictographs, structures, and bones. A discovery of anything of prehistoric or historic nature shall be reported to Lessor ssor or the State o£ Colorado Archaeologist immediately. 28. Dnf NITICNS - (a) "Gas" as used herein shall mean all gases (combustible and noncombustible), including but not limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helium. (b) "Oil and was" as used herein shall include all substances produced as by-products terewith including but not limited to sulfur. (c) "Paying quantities" as used herein shall mean and refer to quantities of oil and gas or of eider of them sufficient to pay for the current cost of producing same. _ 29. ?_IRS AND ASSIGNS - The benefits and obligations of this lease shall inure to and be binding upon. - the h__rs, lecal renreser—n_laes. successors or assigns of Lessee; but no sublease or assignment hereof, ...__r_.._ _ be binding upon Lessor until the same Sts been atrroved by .,e_:, r as e_aplained _a ru aDDI.._._.__ rovid_d. B 1094 REC 02035211 12/09/85 14: 06 $0. 00 7/008 F 1719 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 30. wALRAI= C2 -'-- - Lessor does not wa.._.._ __:le to the leased _ rises, but it shall, upon request, allow lessee access to such abstracts and other title papers as it has in its files. There shall be no obligation on Lessor's part to purchase new or supplemental or other t.t'_e papers nor to do any curative work in connection with title to the subject lands. All abstracts Of title, whether new or supolenentary, obtained by Lessee and co--^ring the subject lands shall become the ropert:• of and be delivered to Lessor a ew 'essee :.as cccplc:td its title enc ination and curative work, subject, however, to the right of Lessee to use such a'csr-rants coon reonest at any tine during the ten of the Lease. IN C2'TSS :FEREOF, lessor has hereunto signed and caused its name to be signed by the BOARD OF CCLNIY CC.'^_".ISSIONERS OF :HE COL'S CF wE2, with the seal of the office affixed, and Lessee has signed this agreeaent, the day and year first above w-'—en. BOA?-D o? C07.,7=• O=LD COL: , C O L ORADO ir ./� �_. .I LEST: .wv�`i"Ec. ec�ry Weld County Clerk and Recorder' •. . and Clerk to thefr¢ardi pl ? T1ef roll-L O/ Ctic/A/ \-6 /0elvfle„-- S'�.T"E OF COLORADO ) ) SS. C01.7= CF nEELD ) • ,;.The foregoing ins-aim-anent was acknowledged before _ this _g� day of Gar, C�"/,!'7'.�1 � , laes by witness ny hand and o:°:- sea:. my Commission Expires: a`R 1 Ali s o Notary Public o •i`�O PU `r B 1094 REC 02035211 1^_/09/85 14: 06 $0. 00 8/008 F 1720 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 1 RESOLUTION RE: AUTHORIZATION OP OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED IN SECTION 13 , TOWNSHIP 8 NORTH, RANGE 59 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, a portion of said mineral acres not currently leased was put up for bid to lease, and WHEREAS, Rio Grande Exploration Company, 1030 North Cedar, Colorado Springs , Colorado 80903 , submitted the high bid to lease 40 net mineral acres, more or less, described to-wit: Section 13 : sE4NE4, Township 8 North, Range 59 West of the 6th P.M. , Weld County, Colorado WHEREAS, Weld County desires to accept the high bid offer submitted by Rio Grande Exploration Company to lease the above described mineral acreage for SEVENTEEN and NO/100 DOLLARS ($17 .00) per net mineral acre , for a total sum of SIX HUNDRED EIGHTY and NO/100 DOLLARS ($680 ,00) , together with a rental fee of ONE DOLLAR ($1 .00) per net mineral acre, which lease is to run for a period of three (3) years, commencing December 4 , 1985 , and ending at 12 :00 noon on December 4 , 1988 , unless otherwise held, as stated in the lease agreement which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the high bid offer of Rio Grande Exploration Company, 1030 North Cedar, Colorado Springs, Colorado 80903 , be, and hereby is, accepted for a period of three (3) years with the total sum being as above listed. Page 2 RE: OIL & GAS LEASE - RIO GRANDE EXPLORATION 59-8-13 The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985 . /� �7 - BOARD OF COUNTY COMMISSIONERS ATTEST: /1 ktw L�w.�� ei/fic2r riv WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Ja /Jue�linne Johnson, Chairman c 'm ana- , 67yvyyc S ene R. Brantner, Pro-Tem D puty County C rk EXCUSED APPROVED AS TO FORM: C.W. R •rb C .L! •ri. "J: Lac County Attorney ` �•�i // Fr. sit. AR2035212 1 y . • WELD COUNTY OIL AND GAS LEASE 1 1 Containing 40 acres, more or less: 1 i THIS LEASE AC?WEh2, dated this 4th day of December 19 85 .'dE made and entered into by and between WELD COUNTY, COLORADO, a political subdivision of the STATE OS COLORADO, acting by and through the HOARD OF COUNTY C0.^MISSIONERS OF THE COUNTY OF WELD, for its respective interests, c/o BOARD OF COUNTY COMMISSIONERS, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, CO 80632, hereinafter called Lessor, and: Rio Crande Exploration Co. CD O3O !U , ( A,9�C) Ca ii)CAlto SPEi/uls≤ ea eOYQ3 .- O hereinafter called Lessee: . U n a o W WITNESSETE o " WHEREAS, said Lessee has applied to Lessor for an oil and gas lease covering the land herein described, o Cd and has paid a filing fee in the amount of $10.00, plus a bonus consideration of $ 17 00 per mineral in-tr.:,' p acre, fixed by Lessor as an additional consideration for the granting of this lease, and Lessee agrees to a0 pay an annual rental of S 40.00 computed at the rate of $ 1.00 , per mineral acre or W fraction thereof per year. 10 OC o w WHEREAS, all the requirements relative to said application have been duly complied with and said cr application has been approved and allowed by Lessor; GC W THEREFORE, in consideration of the agreements herein, on the part of Lessee to be paid, kept and :n a ONco U performed, Lessor does lease exclusively` to Lessee for the sole and only purpose of drilling for, z development of and production of oil and gas, or either of them, thereon and therefrom with the right to own 0 ri all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of al (N Et this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and telegraph U) cc , lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and N G7 any and all rights and privileges necessary for the exploration and operation of said land for oil and gas, ,-+ Es; the following described land situated in the County of Weld, State of Colorado, and more particularly Ln N Cx4 described as follows: m 0 2 No ,G DESCRIPTION OF LAND SECTION TOWNSHIP RANGE '+ - w it sEi-E' 13 8N 591.1 x a. r.4TO HAVE AND TO HOLD said land, and all the rights and privileges granted hereunder to Lessee until the o (N hour of twelve o'clock noon on the 4th day of December , 19 88 as primary term, and so long ,--, ,—, thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is !A G. diligently engaged in bona fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said primary term or any extension thereof or while this lease is in force by reason of production of oil and gas or either of then, or that such reworking is commenced within sixty days upon cessation of production for the purpose of re-establishing the sane, and provided further that such production is commenced during such primary term or any extension thereof, or while this lease is in force by reason of sumb drilling or reworking operations or other production. r 77 (Rev. 2/85) ,L EXPLORATION - Lessor reserves the right to conduct exploration en the leased land provided such exploration does not interfere with rights granted herein. , . In consideration of the premises, the parties covenant and agree as follows: 1. RENTAL - -f this lease is extended for an additional term as provided for in the EXTENSION paragraph hereof, Lessee shall during such extended period pay to lessor an annual rental at double the rate above specified for the land covered hereby. The rental in effect at the time production is established shall not be increased due to the term of this lease being extended by such production. Rentals set at the time of established production shall be paid during the remaining life of this lease, annually, in advance, on or before each anniversary date hereof. There shall be no refund of unused rental. 2. ROYALTY - Lessee shall account for any and all substances produced on the leased land and Lessee shall pay to Lessor as royalty, in addition to the rentals provided, but except for products used on the leased land, unavoidably lost or flared on the leased land, with approval of Lessor, the following: (a) On oil, 121% of the oil produced and saved from the leased land. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor on the leased land, free of cost or deduction, into the pipelines or storage tanks designated by Lessor, but Lessee shall not in such case be required to provide free tankage for any such oil for a longer period than one month after the same is run into tanks. With sixty (60) days' notice to Lessee, Lessor may cease taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair market value of the oil at the well which shall not be deemed to be less than the price actually paid to Lessee at the well by the purchaser thereof; and in no event shall the royalties be based upon a market value at the well less than the posted price in the field for such oil, or in the absence of a posted price in the field for such oil, upon a market value at the well less than the prevailing price received by other producers in the field for oil of like grade and gravity at the time such oil is run into pipelines or storage tanks. (b) On gas, including casinghead gas or other gaseous substance, 121/27. of the fair market value_at the well or of the price received by Lessee at the well, whichever is greater, of all gas produced and sold from the leased land or utilized off the land by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold under contract that has been approved by Lessor, the fair market value of such gas for determining the royalties payable hereunder shall be the price at which such gas is sold under such contract. No approval by Lessor of the terms of any such agreement shall operate to Hake Lessor a party thereto or obligate it thereunder in any way. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may tare its royalty in kind. sixty (60) days' notice to Lessee, Lessor may cease taking gas royalty in kind. ic) All costs of marketing the.oil and/or gas produced shall be borne by Lessee and suzh_caats-.- -- shall not directly or indirectly reduce the royalty payments to Lessor. Except that marketing costs for Lessor's in-kind royalty shall be borne by Lessor. (d) If Lessor owns a lesser interest in the oil and gas deposits of the above-described land than - the entire and undivided fee simple estate, then the royalties and rentals herein provided shall be paid to Lessor only in the portion which its interest bears to the whole and undivided fee, but no refund of any bonus consideration shall be made by Lessor hereunder. B 1094 REC 02035212 12/09/85 14: 06 $0.00 2/008 F 1722 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 3. RECORDS - Lessee agrees to keep and to have in possession complete and accurate books and records showing the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to Lessor upon request along with purchaser's support documentation. Lessor will not be unreasonable with requests. All said books and records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than five years. 4. PSASL'RE.":LNTS - All production shall be accurately measured using standards established by the American Gas Association (AGA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamperproof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated on actual and accurate measurements within API standards unless a different means of measurement, subject to Lessor's approval, is provided. 5. PAT-SSTS & REPORTS - All payments and reports due hereunder shall be made on or before the day such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary term hereof. Oil royalty payments and supporting documents shall be submitted prior to the last day of the month following each month's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. All payments shall be made by cash, check, certified check or money order. Payments having restrictions, qualifications, or encumbrances of any kind whatsoever shall not be accepted by Lessor. A penalty for a late payment shall be charges as set forth in the PENALTIES paragraph herein. 6. PENALTIES - A penalty shall be- imposed for, but not limited to late payments, improper payments, operational deficiencies, violation of any covenant of this lease, or false statements made to Lessor. penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by Lessor and shall become effective immediately after public notice. Said schedule may be changed from time to time after public notice. 7. LAW - The terms and conditions of this lease shall be performed and exercised subject to all laws, rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of lands and minerals owned by the County of Weld, and to laws, rules and regulations governing oil and gas operations in Colorado. Violations shall result In penalties as provided for by law or as set forth in the aforementioned schedule or shall, at the option of Lessor, result in default as provided hereinafter. 8. SURRENDER - Lessee may at any time, by paying to Lessor all amounts then due as provided herein,- surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved from further obligations or liability hereunder with respect to the land so surrendered; provided that no partial surrender or cancellation of this lease shall be for less than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section; provided further that this surrender clause and the option herein reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, Lessor or any assignee of either to enforce this lease, or any of its terms expressed or implied. In no case shall any B 1094 REC 02035212 12/09/85 14: 06 $0. 00 3/008 F 1723 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • surrender be effective until Lessee shall have made full provision for conservation of the leased products and protection of the surface rights of the leased land. _.. _ 9. ASSIGNMENTS - (a) Lessee, with prior wiaen consent of Lessor, shall have the right to assign the entire leasehold interest of said Lessee in all or part of the land covered hereby, but not less, however, than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section for any partial assignment, and for approval of such assignment Lessor shall make an assignment charge in an amount to be determined by Lessor. Prior to written approval by Lessor of assignment of this lease, Lessee (assignor) shall not be relieved of its obligations under the terms and conditions herein. An assignment shall not extend the term of this lease. (b) If any assignment of a portion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the assigned land, containing the same terms and conditions as this lease, and limited as to term as this lease is limited, and the assignor shall be released and discharged from all further obligations and liabilities as to that portion so assigned. (c) Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Said interests will not be recognized or approved by Lessor, and the effect of any such assignments will be strictly and only between the parties thereto, and outside the terms of this lease: and no dispute between parties to any such assignment shall operate to relieve Lessee from performance of any terms or conditions hereof or to postpone the time therefor. Lessor shall at all times be entitled to look solely to Lessee or his assignee shown on its books as being the sole owner hereof, and for the sending of all notices required by this lease and for the performance of all terms and conditions hereof. (d) Although not binding on Lessor, all instruments of every kind and nature whatsoever affecting this lease should be filed with the Lessor. 10. OVERRIDING ROYALTY - Any and all reservations or assignments or overriding royalties shall be subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent (5%), including any overriding royalty previously provided for unless production exceeds a monthly average of fifteen (15) barrels per day or ninety thousand cubic feet of gas per day (90 MCF/D). In the event that production drops to this amount or less, any overriding royalties which exceed five percent (5%) may be suspended. Lessor's approval of a reservation or assignment of an overriding royalty shall not bind Lessor for payment of said ove--'sing royalty and shall not relieve Lessee of any of its obligations for payment of royalties to Lessor as provided by ROYALTY paragraphs herein. 11. OFFSET WELLS - Lessee agrees to protect the leased land from drainage by offset wells located on adjoining lands not owned by Lessor, when such drainage is not compensated for by counter-drainage. It shall be presumed that the production of oil and gas from offset wells results in drainage from the leased land, unless Lessee demonstrates to Lessor's satisfaction, by engineering, geological, or other data, that production from such offset well does not result in such drainage, or that the drilling of a well or wells on the leased land would not accomplish the purposes of protecting the deposits under the leased land. Lessor's decision as to the existence of such drainage shall be final, and Lessee shall comply with Lessor's order thereon or surrender this lease.as to any such undeveloped acreage as designated by Lessor. B 1094 REC 02035212 12/09/85 14: 06 $0.00 47, 0g /008 F 1724 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO J . . 12. DEVELOPMENT - Upon discovery of oil and gas or either of them on the leased land, Lessee shall proceed with reasonable diligence to develop said land at a rate and to an extent commensurate with the economic development of the field in which the leased land lies. 13. UNITIZATION - CD'^_^'NITIZATTION - In the event Lessor permits the land herein leased to be included within a communt"^ation or unitization agreement, the terms of this lease may be deemed to be modified to conform to such agreement. When only a portion of the land under this lease is committed by an agreement, Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the term of such separate lease shall be limited as to the original tern of this lease. The to s of the lease on that portion remaining in the unit shall be deemed to be modified to conform to such agreement. Nonproducing leases shall terminate on the first anniversary date of the lease following the termination date of the unit or part thereof modifying the lease, but in no event prior to the end of the primary term of the lease or the extension term of the lease. 14. PRODUCTION - Lessee shall, subject to applicable laws, regulations and orders, operate and produce all wells upon the leased land so long as the same are capable of producing in paying quantities, and shall operate the same so as to produce at a rate commensurate with the rate of production of wells on adjoining lands within the same field and within the limits of good engineering practice, except for such times as there exist neither market nor storage therefor, and except for such limitations on or suspensions of production as may be approved in writing by Lessor. Lessee shall be responsible for adequate site security on all producing properties. 15. SHUT-IN WELLS - If Lessee shall complete a well on the leased land productive of gas and Lessee is unable to produce such gas due to a lack of suitable market therefor, Lessor may grant Lessee suspension of his obligations to produce hereunder until a suitable market for such gas can be found, and during any such suspension period, it shall be deemed that gas is being produced hereunder in paying quantities. Except, however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to Lessor a shut-in royalty equal to $2 per acre of the lease per annum in addition to the annual rental. The minimum amount of such shut-in royalty payment shall be $320. Each year's shut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during which the well begins production. The maximum extension of the lease, due to the existence of a shut-in well, shall be five years beyond the extension term as described in the EXTENSION paragraph herein. The granting of any further extensions shall be at the sole option of Lessor. 16. OPERATIONS - No exploration, drilling or production operation, including permanent installations, shall be within 200 feet of any existing building or other improvement, including water well or reservoir, without the written permission of the owner of said improvements. Lessee shall keep a correct log of each well drilled hereunder, showing by name or description the formations passed through, the depth at which each formation was reached, the number of feet of each size casing -set in each well, where set-, and the - --- - total depth of each well drilled. Lessee, within thirty (30) days after the completion or abandonment of any well drilled hereunder, shall file in the office of Lessor a complete and correct log of such well, together with a copy of the electric log and the radioactivity log of the well when such logs, or either of them, are run; and also a copy of all drill stem test results, core records and analyses, record of perforations and initial production tests, if any. If any of the information required by this paragraph is contained in reports required to be filed with the Oil and Gas Conservation Commission of Colorado, the requirements of this paragraph for such information may be satisfied by such filing with said Commission, except for copies of the reports as are required by the following paragraph, and provided that all such information is immediately available to Lessor. Any proprietary information so submitted shall not be subject to public inspection under Colorado law. B 1094 REC 02035212 12/09/85 14: 06 $0. 00 5/008 F 1725 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Lessee shall bury pipelines below plow depth. Lessee shall set and cement sufficient surface casing to protect the fresh water wells of the area. 17. NOTIFICATION - Lessee shall notify Lessor and the surface lessee or surface owner of the location of each drill site at least two weeks prior to commencing drilling operations thereon. Lessee shall notify Lessor before commenting to plum and abandon any well by copy of Lessee's request for approval or sundry notice of intent to plug and abandon. 18. BONDS - Lessee shall be liable for all damages to the surface of the land, livestock, growing ^, water wells, _cservoirs, or improvements caused by Lessee's operations on said land. No operations shall be commenced on the land hereinabove described unless and until Lessee shall have filed a good and su",^ient bond with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as may be caused by Lessee's operations on said land and to assure compliance with all the terms and provisions of this lease, the laws of the State of Colorado, and the rules and regulations thereto appertaining. A bond may be held in effect for the life of production of any well. 19. SETTLEMENT - Lessee shall notremove any machinery, equipment or fixtures placed on said land, other than drilling equipment, nor draw the casing from any well unless and until all payments and obligations currently due Lessor under the terms of this lease shall have been paid or satisfied. Any machinery, equipment or fixtures left on this land for a period of more than six (6) months after the expiration hereof, shall automatically become the property of Lessor. 20. OTh_R DISCOVERY - Should Lessee discover any valuable products other than oil and gas, on or [.:thin the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event Lessee and Lessor cay negotiate a provision for production of such discovery. 21. CATER - This lease does not grant permission, express or implied, to Lessee for water exploration, drilling, or establishing water wells without the written permission of the surface owner. If Lessor is the surface over, said permission shall not be unreasonably withheld. If Lessee desires to establish or adjudicate any water right for beneficial ese oa the leased land, any such adjudication or application shall be in the name of Lessor if Lessor is the surface owner. The same shall apply to any nontr•ibutary water rights established on the leased land which may be put to beneficial use off said land. 22. DEFAULT - Upon failure or default or Lessee to comply with any of the terms and provisions hereof including but not limited to the failure to comply with laws, rules and regulations governing Colorado oil and gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel this !coed as __^ all of the leased land se claimed or possessed by Lessee hereunder. In the event of p*_= such default orfailure, Lessor shall, before making any such cancellation, send to Lessee by certified mail, to the post office address of said lessee as shown by the records of Lessor, a notice cf intention to cancel for such failure or default, specifying the same, stating that if withinn. thirty (30) days from the date of mailing said notice, Lessee shall correct such failure or default, no canoe"--‘on will be made. If such failure or default is not corrected within thirty (30) days after the mailing of such notice, and if Lessee does not request a hearing on such notice within thirty (30) days, this lease will terminate and be cancelled by operation of this paragraph without further action by Lessor, or further notice to Lessee. B 1094 REC 02035212 12/09/85 14: 06 $0. 00 6/008 F 1726 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 4 23. EXTENSION - If Lessee fails to cake discovery of oil and gas, or either of them, in paying quantities during the primary term hereof, or during drilling operations commenced during the primary t erm hereof, Lessee may make written application to Lessor for an extension of this lease for a term equal to the primary term as to all of the mineral acres covered hereby (excluding any mineral acres theretofore surrendered as in the SLRPEN ER Paragraph provided, or assigned as in the ASSIGNMENTS Paragraph provided). The granting of such extension shall be at the sole option of Lessor at double the rental for the primary term hereof. 24. HOLD HARMLESS - Lessee shall indemnify Lessor against all liability and loss, and against all claims and actions, including the defense of such claims or actions, based upon or arising out of damage or injury, including death, to persons or property caused by or sustained in connection with operations on this leased land or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation. 25. CONDEMNATION - If the leased land shall be taken in any condemnation proceeding, this ;ease shall automatically terminate as of the date of taking. The award for such condemnation shall be paid to Lessor, except for any specific award(s) paid to Lessee for severed oil and gas reserves, in which event XXXXXXXXX of such specific award(s) shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation. Improvements shall be removed by Lessee per terms in the SEtLE-2NT Paragraph herein. If only a portion of the leased land is taken by condemnation, Lessor may, at its option, terminate this lease or terminate only that portion of the lease so taken. 26. ERRORS - Every effort is made by Lessor to avoid errors in all procedures including but not limited to auction listings and lease preparation. Lessor shall not be liable for any inconvenience or lass caused by errors which may occur. Lessee shall notify Lessor immediately upon discovery of any errors or discrepancy whatever. 27. ARCHAEOLOGY - Lessee shall not destroy, disturb, mar, collect, remove or alter any prehistoric or historic resources of any kind on Weld County lands as provided by law. These resoures include but are not limited to all artifacts of stone, wood cr metal, pictographs, „t- -me-es, and bones. A discovery of anything of prehistoric or historic nature shall be reported to Lessor or the State of Colorado Archaeologist immediately. 25. AEnnITICNS - (a) "Gas" as used herein shall mean all gases (combustible and noncoc*^e-!b'e), :-eluding but not___ __ limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helium. (b) "Oil and gas" as used herein shall include ail substances produced as by-products therewith, including but not limited to sulfur. (c) "Paying quantities" as used herein shall mean and refer to cu, - pies of oil and gas or of either of them sufficient to pay for the current cost of producing same. 29, HEIRS AND ASSIGNS - The benefits and obligations of this lease shall inure to and be binding upon the heirs, lezal representatives, successors or assinas of Lessee: bum so sublease er nce.^t hereof, or of ony :nterest herein, shall be t indinz ..n t .he srse been or,oroved by Lessor a. exolained -_ =r._ =.:3' naraerabh provided. B 1094 REC 02035212 12/09/85 14. 06 $0. 00 7/008 F 1727 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 30. FA?%z CY OF T - - Lessor does not wall.:,., title to the ?eased premises, but it shall, upon request, allow Lessee access no such ., _tracts and other title papers as it has in its files. There shall be no obligation on Lessor's par: to u title rchase new or supplemental or other te capers nor to do any curative work in connect_cn with " _ to the subject lands. All abstracts) of '''In whether new or supplementary, obtained by Lessee and covering the subject lands shall become the property of and be delivered to Lessor after Lessee has completed its title examination and curative work, subject, however, to the right of Lessee to use such upon request at any tine during the term of the Lease. IN WITNESS WHEFEOF, lessor has hereunto signed and caused its name to be signed by the BOARD OF CO ,'^' CC)^:SSIONERS CF THE COL7IY OF WELD, with the seal of the office affixed, and lessee has signed this agreement, the day and year first above written. BOARD OF COUNTY COeaSSION_FS VELD COUNTY, COLORADO Weld County Clerk and eto der -.� and Clerk to the �o rd BY: Crri�iv' r � � LESSEE: Pei=�/06.7u S'.'ATZ or COLORADO ) ) SS. COL C? OF WELD ) The foregoing instrument was acknowledged before me this 9 day of �ry' �,cl/✓ , -'4a51 by Witness m, hand and of" i seal. Zi Hy Commission _spires: !}— �/ ,t./ T :rotary public t�� ,�. . rs , B 1094 REC 02035212 12/09/85 14: 06 $0. 00 8/008 F 1728 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RESOLUTION RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED IN SECTION 25 , TOWNSHIP 9 NORTH, RANGE 59 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, a portion of said mineral acres not currently leased was put up for bid to lease, and WHEREAS, Rio Grande Exploration Company, 1030 North Cedar, Colorado Springs, Colorado 80903 , submitted the high bid to lease 160 net mineral acres, more or less, described to-wit: Section 25 : SWa, Township 9 North, Range 59 West of the 6th P.M. , Weld County, Colorado WHEREAS , Weld County desires to accept the high bid offer submitted by Rio Grande Exploration Company to lease the above described mineral acreage for TEN and NO/100 DOLLARS ($10. 00) per net mineral acre, for a total sum of ONE THOUSAND SIX HUNDRED and NO/100 DOLLARS ($1 ,600 .00) , together with a rental fee of ONE DOLLAR ($1 .00) per net mineral acre, which lease is to run for a period of three (3) years, commencing December 4 , 1985 , and ending at 12 :00 noon on December 4 , 1988 , unless otherwise held, as stated in the lease agreement which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the high bid offer of Rio Grande Exploration Company, 1030 North Cedar, Colorado Springs, Colorado 80903 , be, and hereby is, accepted for a period of three (3) years with the total sum being as above listed. Page 2 RE: OIL & GAS LEASE - RIO GRANDE EXPLORATION 59-9-25 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985. ATTEST:\i 1 �` BOARD OF COUNTY COMMISSIONERS a4v i„/M,c f_e,wilc/a,. ' WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Ja eline Johnson, Chairman te BY-LTY r71 i,„q_i C-4-(--t-pc-ide-} Gene R. Brantner, Pro-Tem deputy County C rk / EXCUSED APPROVED AS TO FORM: C.W. ' rb ,`^�/ o Lac County Attorney ��aS��y;� Frank Yam c AR2C35214 • WELD COUNTY OIL AND GAS LEASE' Containing 160 acres, more or less: THIS LEASE AGR£EmINT, dated this 4th day of into by and between WELD p December , 19 CO , made acting n entered by COUNTY, COLORADO, a political suDdlvisio.^, of the STATE OF COLORADO, and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, for its respective interests, c/o BOARD OF COUNTY COMMISSIONERS, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, CO 50631, hereinafter called Lessor, and: Rio Grande Exploration Co. ro3,9 N. (enAK- 1oloR4130 .5eC/M&- 0) fkoga.3 hereinafter called Lessee: WITNESSETH WHEREAS, said Lessee has applied to Lessor for an oil and gas lease covering the land herein described, and has paid a filing fee in the amount of S10.00, plus a bonus consideration of $ 10.00 per mineral acre, fixed by Lessor as an additional consideration for the granting of this lease, and Lessee agrees to pay an annual rental of S 160.00 , commuted at the rate of $ 1.00 , per mineral acre or fraction thereof per year. WHEREAS, all the requirements relative to said application have been duly complied with and said application has been approved and allowed by Lessor; rrEREFORE, in consideration of the agreements herein, on the part of Lessee to be paid, kept and performed, Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for, development of and production of oil and gas, or either of them, thereon and therefrom with the right to own all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and telegraph lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and any and all rights and privileges necessary for the exploration and operation of said land for oil and gas, the following described land situated in the County of Weld, State of Colorado, and more particularly described as follows: DESCRIPTION OF LAND SECTION TOWNSHIP RANGE SW 25 9N - 59W TO RAVE AND TO HOLD said land, and all the rights and privileges granted hereunder to Lessee until the hour of twelve o'clock noon on the 4th day of December 19 88 as primal term, and so long thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said primary term or any extension thereof or while this lease is in force by reason of production of oil and gas or either of them, or that such reworking is conmenced within sixty days upon cessation of production for the purpose of re-establishing the same, and provided further that such production is commenced during such primary term or any extension thereof, or while this lease is in force by reason of such drilling or revorking operations or other production. B 1094 REC 02035214 12/09/85 14: 07 $0. 00 1/008 (?w. 2/85) F 1737 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 4 EXPLORATION - Lessor reserves the right to conduct exploration en the leased land provided such exploration does not interfere with rights granted herein. In consideration of the premises, the parties covenant and agree as follows: I. RENTAL - If this lease is extended for an additional term as provided for in the EXTENSION paragraph hereof, Lessee shall during such extended period pay to lessor an annual rental at double the rate above specified for the land covered hereby. The rental in effect at the time production is established shall not be increased due to the term of this lease being extended by such production. Rentals set at the time of established production shall be paid during the remaining life of this lease, annually, in advance, on or before each anniversary date hereof. There shall be no refund of unused rental. 2. ROYALTY - Lessee shall account for any and all substances produced on the leased land and Lessee shall pay to Lessor as royalty, in addition to the rentals provided, but except for products used on the leased land, unavoidably lost or flared on the leased land, with approval of Lessor, the following: (a) On oil, 1212 of the oil produced and saved from the leased land. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor on the leased land, free of cost or deduction, into the pipelines or storage tanks designated by Lessor, but Lessee shall not in such case be required to provide free tankage for any such oil for a longer period than one month after the same is run into tanks. With sixty (60) days' notice to Lessee, Lessor may cease taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair market value of the oil at the well which shall not be deemed to be less than the price actually paid to Lessee at the well by the purchaser thereof; and is no event shall the royalties be based upon a market value at the well less than the posted price in the field for such oil, or in the absence of a posted price in the field for such oil, upon a market value at the well less than the prevailing price received by other producers in the field for oil of like grade and gravity at the time such oil is run into pipelines or storage tanks. (b) On gas, including casinghead gas or other gaseous substance, 12'z% of the fair market value, at the well or of the price received by Lessee at the well, whichever is greater, of all gas produced and sold from the leased land or utilized off the land by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold under contract that has been approved by Lessor, the fair market value of such gas for determining the royalties payable hereunder shall be the price at which such gas is sold under such contract. No approval by Lessor of the toms of any such agreement shall operate to make Lessor a party thereto or obligate it thereunder in any way. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty in kind. With sixty (60) days' notice to Lessee, Lessor way cease taking gas royalty in kind. (c) All costs of marketing the oil and/or gas produced shall be borne by Lessee and such costs shall not directly or indirectly reduce the royalty payments to Lessor. Except that marketing costs for Lessor's in-kind royalty shall be borne by Lessor. (d) If Lessor owns a lesser interest in the oil and gas deposits of the above-described land than the entire and undivided fee simple estate, then the royalties and rentals herein provided shall be paid to Lessor only in the portion which its interest bears to the whole and undivided fee, but no refund of any bonus consideration shall be made by Lessor hereunder. B 1094 REC 02035214 12/09/85 14: 07 $0.00 2/008 F 1738 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 3. RECORDS - Lessee agrees to keep and to have in possession complete and accurate books and records showing the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to Lessor upon request along with purchaser's support documentation. Lessor will not be unreasonable with requests. All said books and records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than five years. 4. MEASLRETENTS - All production shall be accurately measured using standards established by the American Gas Association (AGA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamperproof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated on actual and accurate measurements within API standards unless a different means of measurement, subject to Lessor'S approval, is provided. 5. PAYMENTS & REPORTS - All payments and reports due hereunder shall be made on or before the day such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary term hereof. Oil royalty payments and supporting documents shall be submitted prior to the last day of the month following each month's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. All payments shall be made by cash, check, certified check or money order. Payments having restrictions, qualifications, or encumbrances of any kind whatsoever shall not be accepted by Lessor. A penalty for a late payment shall be charges as set forth in the PENALTIES paragraph herein. 6. PENALTIES - A penalty shall be imposed for, but not limited to late payments, improper payments, operational deficiencies, violation of any covenant of this lease, or false statements made to Lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by Lessor and shall become effective immediately after public notice. Said schedule may be changed from time to time after public notice. 7. LAW - The terms and conditions of this lease shall be performed and exercised subject to all laws, rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of lands and minerals owned by the County of Weld, and to laws, rules and regulations governing oil and gas operations in Colorado. Violations shall result in penalties as provided for by law or as set forth in the aforementioned schedule or shall, at the option of Lessor, result in default as provided hereinafter. 8. SURRENDER - Lessee may at any time, by paying to Lessor all amounts then due as provided herein, surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved from further obligations or liability hereunder with respect to the land so surrendered; provided that no partial surrender or cancellation of this lease shall be for less than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section; provided further that this surrender clause and the option herein reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, Lessor or any assignee of either to enforce this lease, or any of its terms expressed or implied. In no case shall any B 1094 REC 02035214 12/09/85 14: 07 $0. 00 3/008 F 1739 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 1/2 � f surrender be effective until Lessee shall have made full provision for conservation of the leased products and protection of the surface rights of the leased land. 9. ASSIGNMENTS - (a) Lessee. with prior written consent of Lessor, shall have the right to assign the entire leasehold interest of said Lessee in all or part of the land covered hereby, but not less, however, than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section for any partial assignment, and for approval of such assignment Lessor shall make an assignment charge in an amount to be determined by Lessor. Prior to written approval by Lessor of assignment of this lease, Lessee (assignor) shall not be relieved of its obligations under the terms and conditions herein. An assignment shall not extend the term of this lease. (b) if any assignment of a portion of the land covered hereby shall be approved, a new lease • shall be issued to the assignee covering the assigned land, containing the same terms and conditions as this lease, and limited as to term as this lease is limited, and the assignor shall be released and discharged from all further obligations and liabilities as to that portion so assigned. (c) Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Said interests will not be recognized or approved by Lessor, and the effect of any such assignments will be strictly and only between the parties thereto, and outside the terms of this lease: and no dispute between parties to any such assignment shall operate to relieve Lessee from performance of any • terms or conditions hereof or to postpone the time therefor. Lessor shall at all times be entitled to look solely to Lessee or his assignee shown on its books as being the sole owner hereof, and for the sending of all notices required by this lease and for the performance of all terms and conditions hereof. (d) Although not binding on Lessor, all instruments of every kind and nature whatsoever affecting this lease should be filed with the Lessor. 10. OVERRIDING ROYALTY - Any and all reservations or assignments or overriding royalties shall be subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent (5%), including any overriding royalty previously provided for unless production exceeds a monthly average of fifteen (15) barrels per day or ninety thousand cubic feet of gas per day (90 MCF/D). In the event that production drops to this amount or less, any overriding royalties which exceed five percent (5%) may be suspended. Lessor's approval of a reservation or assignment of an overriding royalty shall not bind Lessor for payment of said overriding royalty and shall not relieve Lessee of any of its obligations for payment of royalties to Lessor as provided by ROYALTY paragraphs herein. 11. OFFSET WELLS - Lessee agrees to protect the leased land from drainage by offset wells located on adjoining lands not owned by Lessor, when such drainage is not compensated for by counter-drainage. It shall be presumed that the production of oil and gas from offset wells results in drainage from the leased land, unless Lessee demonstrates to Lessor's satisfaction, by engineering, geological, or other data, that • production from such offset well does not result in such drainage, or that the drilling of a well or wells on the leased land would not accomplish the purposes of protecting the deposits under the leased land. Lessor's decision as to the existence of such drainage shall be final, and Lessee shall comply with Lessor's order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor. B 1094 REC 02035214 12/09/85 14: 07 $0. 00 4/008 F 1740 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 12. DEVELO?"CNT - Upon discovery of oil and gas or either of them on the leased land, Lessee shall proceed with reasonable diligence to develop said land at a rate and to an extent commensurate with the economic development of the field in which the leased land lies. 13. UNITIZATION - CO`MUNITIZATION - In the event Lessor permits the land herein leased to be included within a cot unitization or unitization agreement, the terms of this lease may be deemed to be modified to conform to such agreement. When only a portion of the land under this lease is committed by an agreement, Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the term of such separate lease shall be limited as to the original term of this lease. The terms of the lease on that portion remaining in the unit shall be deemed to be modified to conform to such agreement. Nonproducing leases shall terminate on the first anniversary date of the lease following the termination date of the unit or part thereof modifying the lease, but in no event prior to the end of the primary term of the lease or the extension term of the lease. 14. PRODUCTION - Lessee shall, subject to applicable laws, regulations and orders, operate and produce all wells upon the leased land so long as the same are capable of producing in paying quantities, and shall operate the same so as to produce at a rate commensurate with the rate of production of wells on adjoining lands within the same field and within the limits of good engineering practice, except for such times as there exist neither market nor storage therefor, and except for such limitations on or suspensions of production as may be approved in writing by Lessor. Lessee shall be responsible for adequate site security on all producing properties. 15. SHUT-IN WELLS - If Lessee shall complete a well on the leased land productive of gas and Lessee is unable to produce such gas due to a lack of suitable market therefor, Lessor may grant Lessee suspension of his obligations to produce hereunder until a suitable market for such gas can be found, and during any such suspension period, it shall be deemed that- gas is being produced hereunder in paying quantities. Except, however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to Lessor a shut-in royalty equal to $2 per acre of the lease per antra in addition to the annual rental. The minimum amount of such shut-in royalty payment shall be S320. Each year's shut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during which the well begins production. The maximum extension of the lease, due to the existence of a shut-in well, shall be five years beyond the extension term as described in the EXTENSION paragraph herein. The granting of any further extensions shall be at the sole option of Lessor. 16. OPERATIONS - No exploration, drilling or production operation, including permanent installations, • shall be within 200 feet of any existing building or other improvement, -incTuding water well or reservoir, without the written permission of the owner of said improvements. Lessee shall keep a correct log of each well drilled hereunder, showing by name or description the formations passed through, the depth at which each formation was reached, the number of feet of-each size casing set in each- well, here sec, and the total depth of each well drilled. Lessee, within thirty (30) days after the completion or abandonment of any well drilled hereunder, shall file in -the office of Lessor a complete and correct log of such well, together with a copy of the electric log and the radioactivity log of the well when such logs, or either of them, are run; and also a copy of all drill stem test results, core records and analyses, record of perforations and initial production tests, if any. If any of the information required by this paragraph is contained in reports required to be filed with the Oil and Gas Conservation Commission of Colorado, the requirements of this paragraph for such information may be satisfied by such filing with said Commission, except for copies of the reports as are required by the following paragraph, and provided that all such information is immediately available to Lessor. Any proprietary information so submitted shall not be subject to public inspection under Colorado law. B 1094 REC 02035214 12/09/85 14: 07 $0. 00 5/008 F 1741 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Lessee shall bury pipelines below plow depth. Lessee shall set and cement sufficient surface casing to protect the fresh water wells of the area. 17. NOTIFICATION - Lessee shall notify Lessor and the surface lessee or surface owner of the location of each drill site at least two weeks prior to commencing drilling operations thereon. Lessee shall notify Lessor before commencing to plug and abandon any well by copy of Lessee's request for approval or sundry notice of intent to plug and abandon. 1E. BONDS - Lessee shall be liable for all damages to the surface of the land, livestock, growing crops, water wells, reservoirs, or improvements caused by Lessee's operations on said land. No operations shall be commenced on the land hereinabove described unless and until Lessee shall have filed a good and sufficient bond with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as may be caused by Lessee's operations on said land and to assure compliance with all the terms and provisions of this lease, the laws of the State of Colorado, and the rules and regulations thereto appertaining, A bond may be held in effect for the life of production of any well. 19. SETTLEMENT - Lessee shall not remove any machinery, equipment or fixtures placed on said land, other than drilling equipment, nor draw the casing from any well unless and until all payments and obligations currently due Lessor under the terms of this lease shall have been paid or satisfied. Any machinery, equipment or fixtures left on this land for a period of more than six (6) months after the expiration hereof, shall automatically become the property of Lessor. 20. OTHER DISCOVERY - Should Lessee discover any valuable products other than oil and gas, on or within the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event Lessee and Lessor may negotiate a provision for production of such discovery. 21. WATER - This lease does not grant permission, express or implied, to Lessee for water exploration, drilling, or establishing water wells without the written permission of the surface owner. If Lessor is the surface owner, said permission shall not be unreasonably withheld. If Lessee desires to establish or adjudicate any water right for beneficial use on the leased land, any such adjudication or application shall be in the name of Lesser if Lessor is the surface owner. The same shall apply to any nontributary water rights established on the leased land which may be put to beneficial use off said land. 22. DEFAULT - Upon failure or default of Lessee to comply with any of the terms and provisions hereof including but not limited to the failure to comply with laws, rules and regulations governing Colorado oil and gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel this lease as to all of the leased land so claimed or possessed by Lessee horeur .er. Tn ?be even: of any such default or failure, Lessor shall, before caking any such cancellation, send to Lessee by ce- f`ied mail, to the post office address of said lessee as shown by the records of Lessor, a notice of intention to cancel for such failure or default, specifying the same, stating that if within thirty (30) days from the date of mailing said notice, Lessee shall correct such failure or default, no cancellation will be made. If such failure or default is not corrected within thirty (30) days after the mailing of such notice, and if Lessee does not request a hearing on such notice within thirty (30) days, this lease will terminate and be cancelled by operation of this paragraph without further action by Lessor, or further notice to Lessee. 50. 00 6/008 B 1094 REC 02035214 12/09/85 14: 07 F 1742 MARY ANN FEUERSTEZN CLERK & RECORDER WELD CO, CO 23. EXTENSION - If Lessee fails to make discovery of oil and gas, or either of them, in paying quantities during the primary tern hereof, or during drilling operations commenced during the primary term hereof, Lessee may make written application to Lessor for an extension of this lease for a term equal to the primary term as to all of the mineral acres covered hereby (excluding any mineral acres theretofore surrendered as in the SL'??.?.:DEER Paragraph provided, or assigned as in the ASSIGNMENTS Paragraph provided). The granting of such extension shall be at the sole option of Lessor at double the rental for the primary term hereof. 24. HOLD HARMLESS - Lessee shall indemnify Lessor against all liability and loss, and against all claims and actions, including the defense of such claims or actions, based upon or arising out of damage or injury, including death, to persons or property caused by.or sustained in connection with operations on this leased land or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation. 25. CONDEMNATION - If the leased land shall be taken in any condemnation proceeding, this lease shall automatically terminate as of the date of taking. The award for such condemnation shall be paid co Lessor, except for any specific award(s) paid to Lessee for severed oil and gas reserves, in which event XXXXXXXXX of such specific award(s) shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation. Improvements shall be removed by Lessee per terms in the SEnlnr\_ ?...«,aph herein. If only a portion of the leased land is taken by condemnation, Lessor may, at its option, terminate this lease or terminate only that portion of the lease so taken. 26. ERRORS - Every effort is made by Lessor to avoid errors in all procedures including but not limited to auction listings and lease preparation. Lessor shall not be liable -nor any inconvenience or idss caused by errors which may occur. Lessee shall notify Lessor immediately upon discovery of any errors or discrepancy whatever. 27. ARCHAEOLOGY - Lessee shall not destroy, disturb, mar, collect, remove or alter any prehistoric or historic resources of any kind on Weld County lands as provided by law. These resources include but are not limited to all artifacts of stone, wood or metal, pictographs, structures, and bones. A discovery of anything of prehistoric or historic nature shall be reported to Lessor or the State of Colorado Archaeologist immediately. 28. DErINITIcxs - (a) "Gas" as used herein shall mean all gases (combustible and noncombustible), including but no: limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helium. (b) "Oil and gas" as used herein shall include all substances produced as by-n--•••---s including but not limited to sulfur. • (c) "Paying quantities" as used herein shall mean and refer to quantities of oil and gas or of either of them sufficient to pay for the current cost of producing same. 29. HERS AND ASSIGNS - The benefits and obligations of this lease shall inure to and be binding upon the heirs, lenal representatives, Successors or "net-ms p Lessee; but no sublease er assiznmenz bereof, or bf any interc:: harem , shall be tinCino upon Lessor until :he same has been scorcved by Lessor ar t:n_G.ned -- the ASSI=ST uaracracb D:ov:G_-. B 1094 RFC 02035214 12/09/85 14: 07 $0.00 7/008 F 1743 MARX ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • - - X30. WARRANT"( C?' ---- Lessor d request, al RR does no: warrant title to the leased Lessee access to such abstracts and other ;remises, but it mss'.'be no obligation title papers as _ shall, upon curative Cc i on Lessor's tart to purchase new or supplemental or ether t psi nits riles- There sha:l work n connection with title title cu __ title to the sub_ett l2.^. �3'Pr5 nor to whether new any supplementary, Obtained by Lessee - lands. All abstracts _ -it, delivered _ and covering subject lards title, yf d b« *_ to Lessor after Lessee has Completed its title� shall becoaeork, property of and the right of Lessee to use such abs upon at ey:tine and curative work, however, be , subject, vet,request any time during the t of to TN term the Lease. TN W:_ESS WEEREOR, lessor has hereunto signed and caused its ^ CC`^�:SS:DYERS C? Coup--v a-- signed OF '*_•' , the seal cr to - �_, by t ._ BOARD GP CG:'}_^, with _ office affixed, and Lessee has above written. signed this agreement, the day and year first BOARD OF COUNTY COMM:SSIONE?S WELD COUNTY, COLORADO, 4 1111 «c�i �K�t1 1 — •,�. Geld Coun c'CSerrk'and Recorder and Clerk tp the "'Board - /^ By. o. U ; /. LESSEE: S✓•:' OF COLORADO ) ��C X5/11 "' ) ES. COENn' OF WELD "''" foregoing a i.^.strt=ent was acknowledged 19 by before m_ this day of Witness my hand and official seal. . W Commission Expires: -. ./. Notary Public r 1/4.; L1 B 1094 REC 02035214 12/09/85 14 : 07 $0. 00 8/008 F 1744 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RESOLUTION RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED IN SECTION 34, TOWNSHIP 9 NORTH, RANGE 59 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, a portion of said mineral acres not currently leased was put up for bid to lease, and WHEREAS, Rio Grande Exploration Company, 1030 North Cedar, Colorado Springs, Colorado 80903 , submitted the high bid to lease 159. 99 net mineral acres, more or less, described to-wit: Section 34: SE4; S'NE4, Township 9 North, Range 59 West of the 6th P.M. , Weld County, Colorado (2/3 Interest) WHEREAS, Weld County desires to accept the high bid offer submitted by Rio Grande Exploration Company to lease the above described mineral acreage for TEN and NO/100 DOLLARS ($10 .00) per net mineral acre, for a total sum of ONE THOUSAND FIVE HUNDRED NINETY-NINE and 90/100 DOLLARS ($1 ,599.90) , together with a rental fee of ONE DOLLAR ($1 .00) per net mineral acre, which lease is to run for a period of three (3) years, commencing December 4 , 1985 , and ending at 12 : 00 noon on December 4 , 1988 , unless otherwise held, as stated in the lease agreement which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the high bid offer of Rio Grande Exploration Company, 1030 North Cedar, Colorado Springs, Colorado 80903 , be, and hereby is, accepted for a period of three (3) years with the total sum being as above listed. Page 2 RE: OIL & GAS LEASE - RIO GRANDE EXPLORATION 59-9-34 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985 . �y� , BOARD OF COUNTY COMMISSIONERS ATTEST: 1' I tvv-n �E WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board cline Johnson, Chairman - L� CsTK2 �1 �� kJ Gene R. Bran ner, Pro-Tem Deputy County C rk EXCUSED APPROVED AS TO FORM: C.W. Xi - . Lac ounty Attorney ra k am g AR2035213 • WELD COUNTY OIL AND GAS LEASE Containing 159.99 acres, more or less: THIS LEASE AGREEMENT, dated this 4th day of December , 19 85 :.ache and entered into by and between WELD COUNTY, COLORADO, a political subdivision of the STATE OF COLORADO, acting by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, for its respective interests, c/o BOARD OF COUNTY COMMISSIONERS, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, CO 80631, hereinafter called Lessor, and: Rio Grande Exploration Co. f 63o N. (a.PA -- COto2 4 SPR ?AJ(r5 OD 80963 hereinafter called Lessee: WITNESSETH WHEREAS, said Lessee has applied to Lessor for an oil and gas lease covering the land herein described, and has paid a filing fee in the amount of $10.00, plus a bonus consideration of S L0.00 per mineral acre, fixed by Lessor as an additional consideration for the granting of this lease, and Lessee agrees to pay an annual rental of S 160.00 , computed at the rate of S 1.00 , per mineral acre or fraction thereof per year. WHEREAS, all the requirements relative to said application have been duly. complied with and said application has been approved and allowed by Lessor; THEREFORE, in consideration of the agreements herein, on the part of Lessee to be paid, kept and performed, Lessor does lease exclusively co Lessee for the sole and only purpose of drilling for, development of and production of oil and gas, or either of them, thereon and therefrom with the right to own all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and telegraph lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and any and all rights and privileges necessary for the exploration and operation of said land for oil and gas, the following described land situated in the County of Weld, State of Colorado, and more particularly described as follows: DESCRIPTION OF LAND SECTION TOWNSHIP RANGE SEA; S1/2NE1/4 (2/3 int) 34 9N 59W TO HAVE AND TO HOLD said land, and all the rights and privileges granted hereunder to Lessee until the hour of twelve o'clock noon on the 4th day of December , 19 88 as primary term, and so long thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said primary term or any extension thereof or while this lease is in force by reason of production of oil and gas or either of them, or that such reworking is commenced within sixty days upon cessation of production for the purpose of re-establishing the same, and provided further that such production is commenced during such primary term or any extension thereof, or while this lease is in force by reason of such drilling or reworking operations or other production. B 1094 REC 02035213 12/09/85 14: 07 $0.00 1/008 (Rev. 2/85} F 1729 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO -' % • EXPLORATION - Lessor reserves the right to conduct exploration on the leased land provided such exploration does not interfere with rights granted herein. In consideration of the premises, the parties covenant and agree as follows: 1. RENTAL - lf this lease is extended for an additional term as provided for in the EXTENSION paragraph hereof, Lessee shall during such extended period pay to lessor an annual rental at double the rate above specified for the land covered hereby. The rental in effect at the time production is established shall not be increased due to the term of this lease being extended by such production. Rentals set at the time of established production shall be paid during the remaining life of this lease, annually, in advance, on or before each anniversary date hereof. There shall be no refund of unused rental. 2. ROYALTY - Lessee shall account for any and all substances produced on the leased land and Lessee shall pay to Lessor as royalty, in addition to the rentals provided, but except for products used on the leased land, unavoidably lost or flared on the leased land, with approval of Lessor, the following: (a) On oil, 121% of the oil produced and saved from the leased land. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor on the leased land, free of cost or deduction, into the pipelines or storage tanks designated by Lessor, but Lessee shall not in such case be required to provide free tankage for any such oil for a longer period than one month after the same is run into tanks. With sixty (60) days' notice to Lessee, Lessor may cease taking oil royalty in kind. when paid in cash, the royalty shall be calculated upon the fair market value of the oil ac the well which shall not be deemed to be less than the price actually paid to Lessee at the well by the purchaser thereof; and in no event shall the royalties be based upon a market value at the well less than the posted price in the field for such oil, or in the absence of a posted price in the field for such oil, upon a market value at the well less than the prevailing price received by other producers in the field for oil of like grade and gravity at the time such oil is run into pipelines or storage tanks. (b) On gas, including casinghead gas or other gaseous substance, 121% of the fair market value, at the well or of the price received by Lessee at the well, whichever is greater, of all gas produced and sold from the leased land or utilized off the land by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold under contract that has been approved by Lessor, the fair market value of such gas for determining the royalties payable hereunder shall be the price at which such gas is sold under such contract. No approval by Lessor of the terms of any such agreement shall operate to cake Lessor a party thereto or obligate it thereunder in any way. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty in kind. With sixty (60) days' notice to Lessee, Lessor may cease taking gas royalty in kind. (c) All costs of marketing the oil and/or gas produced shall be borne by Lessee and such costs shall not directly or indirectly reduce the royalty payments to Lessor. Except that marketing costs 'for Lessor's in-kind royalty shall be borne by Lessor. (d) If Lessor owns a lesser interest in the oil and gas deposits of the above-described land than the entire and undivided fee simple estate, then the royalties and rentals herein provided shall he paid to Lessor only in the portion which its interest bears to the whole and undivided fee, but no refund of any bonus consideration shall be made by Lessor hereunder. B 1094 REC 02035213 12/09/85 14: 07 $0. 00 2/008 F 1730 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO a. ♦ ' • 3. RECORDS - Lessee agrees to keep and to have in possession complete and accurate books and records showing the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to Lessor upon. request along with purchaser's support documentation. Lessor will not be unreasonable with requests. All said books and records shall be retained by Lessee and made available in. Colorado to Lessor for a period of not less than five years. L. `IASlik EN_S - All production shall be accurately measured using standards established by the American. Gas Association (ACA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamperproof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated on actual and accurate measurements within API standards unless a different means of measurement, subject to Lessor's approval, is provided. 5. PAYMENTS & REPORTS - All payments and reports due hereunder shall be made on or before the day such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary term hereof. Oil royalty payments and supporting documents shall be submitted prior to the last day of the month following each month's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. All payments shall be made by cash, check, certified check or money order. Payments having restrictions, qualifications, or encumbrances of any kind whatsoever shall not be accepted by Lessor. A penalty for a late payment shall be charges as set forth in the PENALTIES paragraph herein. 6. PENALTIES - A penalty shall be imposed for, but not limited to late payments, improper payments, operational deficiencies, violation of any covenant of this lease, or false statements made to Lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by Lessor and shall become effective immediately after public notice. Said schedule may be changed from time to time after public notice. 7. LAW - The terms and conditions of this lease shall be performed and exercised subject to all laws, rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of lands and minerals owned by the County of Weld, and to laws, rules and regulations governing oil and gas operations in Colorado. Violations shall result in penalties as provided for by law or as set forth in the aforementioned schedule or shall, at the option of Lessor, result in default as provided hereinafter. 8. SURRENDER - Lessee may at any time, by paying to Lessor all amounts then due as provided herein, surrender this lease insofar as the sate covers all or any portion of the land herein leased and be relieved from further obligations o: liability hereunder with respect to the land so surrendered; provided that no partial surrender or cancellation of this lease shall be for less than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section; provided further that this surrender clause and the option herein reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, Lessor or any assignee of either to enforce this lease, or any of its terms expressed or implied. In no case shall any B 1094 REC 02035213 12/09/85 14: 07 $0- 00 3/008 F 1731 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • surrender be effective until Lessee shall have made full provision for conservation of the leased products and protection of the surface rights of the leased land. 9. ASSIGNMENTS - (a) Lessee, with prior written consent of Lessor, shall have the right to assign the entire leasehold interest of said Lessee in all or part of the land covered hereby, but not less, however, than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section for any partial assignment, and for approval of such assignment Lessor shall make an assignment charge in an amount to be determined by Lessor. Prior to written approval by Lessor of assignment of this lease, Lessee (assignor) shall not be relieved of its obligations under the terms and conditions herein. An assignment shall not extend the term of this lease. (b) If any assignment of a portion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the assigned land, containing the same terms and conditions as this lease, and limited as to term as this lease is limited, and the assignor shall be released and discharged from all further obligations and liabilities as to that portion so assigned. (c) Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Said interests will not be recognized or approved by Lessor, and the effect of any such assignments will be strictly and only between the parties thereto, and outside the terms of this lease: and no dispute between parties to any such assignment shall operate to relieve Lessee from performance of any terms or conditions hereof or to postpone the time therefor. Lessor shall at all tines be entitled to look solely to Lessee or his assignee shown on its books as being the sole owner hereof, and f -- sending of all notices required by this lease and for the performance of all terms and cone.:.. hereof. (d) Although not binding on Lessor, all instruments of every kind and nature whatsoever affecting this lease should be filed with the Lessor. 10. OVERRIDING ROYALTY - Any and all reservations or assignments or overriding royalties shall be subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent (5%), including any overriding royalty previously provided for unless production exceeds a monthly average of fifteen (15) barrels per day or ninety thousand cubic feet of gas per day (90 N.CF/D). In the event that production drops to this amount or less, any overriding royalties which exceed five percent (5%) may be suspended. Lessor's approval of a reservation or assignment of an overriding royalty shall not bind for payment of said overriding royalty and shall not relieve Lessee of any of its obligations for say-_. of royalties to Lessor as provided by ROYALTY paragraphs herein. 11. OFFSET WELLS - Lessee agrees to protect the leased land from drainage by offset wells located on adjoining lands not owned by Lessor, when such drainage is not compensated for by counter-drainage. It shall be presumed that the production of oil and gas from offset wells results in drainage from the leased land, unless Lessee demonstrates to Lessor's satisfaction, by engineering, geological, or other data, that production from such offset well does not result in such drainage, or that the drilling of a well or wells on the leased land would not accomplish the purposes of protecting the deposits under the leased land. Lessor's decision as to the existence of such drainage shall be final, and Lessee shall comply with Lessor's order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor. B 1094 REC 02035213 12/09/85 14: 07 $0. 00 4/008 F 1732 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • 12. DEVELOPMENT - Upon discovery of oil and gas or either of them on the leased land, Lessee shall proceed with reasonable diligence to develop said land at a rate and to an extent commensurate with the economic development of the field in which the leased land lies. 13. UNITIZATION - C0:"_"!UNITIZATION - In the event Lessor permits the land herein leased to be included within a conmuniti_ation or un'-4-ation agreement, the terms of this lease may be deemed to be modified to conform to such agreement. :.lien only a portion of the land under this lease is committed by an agreement, Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the term of such separate lease shall be limited as co the original term of this lease. The terms of the lease on that portion remaining in the unit shall be deemed to be modified to conform to such agreement. Nonproducing leases shall terminate on the first anniversary date of the lease following the termination date of the unit or part thereof modifying the lease, but in no event prior to the end of the primary term of the lease or the extension term of the lease. 14. PRODUCTION - Lessee shall, subject to applicable laws, regulations and orders, operate and produce all wells upon the leased land so long as the same are capable of producing in paying quantities, and shall operate the same so as to produce at a rate commensurate with the rate of production of wells on adjoining lands within the same field and within the limits of good engineering practice, except for such times as there exist neither market nor storage therefor, and except for such limitations on or suspensions of production as may be approved in writing by Lessor. Lessee shall be responsible for adequate site 'security on all producing properties. 15. SHUT-IN WELLS - If Lessee shall complete a well on the leased land productive of gas and Lessee is unable to produce such gas due to a lack of suitable market therefor, Lessor may grant Lessee suspension of his obligations to produce hereunder until a suitable market for such gas can be found, and during any such suspension period, it shall be deemed that- gas is being produced hereunder in paying quantities. Except, however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to Lessor a shut-in royalty equal to $2 per acre of the lease per annum in addition to the annual rental. The minimum amount of such shut-in royalty payment shall be $320. Each year's shut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during which the well begins production. The maximum extension of the lease, due to the existence of a shut-in well, shall be five years beyond the extension term as described in the EXTENSION paragraph herein. The granting of any further extensions shall be at the sole option of Lessor. 16. OPERATIONS - No exploration, drilling or production operation, including permanent installations, shall be within 200 feet of any existing building or other improvement, including water well or reservoir, without the written permission of the owner of said improvements. Lessee shall keep a correct log of each well drilled hereunder, showing by name or description the formations passed through, the depth at thich each formation was reached, the number of feet of each size casing set in each well, where set, and the total depth of each well drilled. Lessee, within thirty (30) days after the completion or abandonment of any well drilled hereunder, shall file in the office of Lessor a complete and correct log of such well, together with a copy of the electric log and the radioactivity log of the well when such logs, or either of them, are run; and also a copy of all drill stem test results, core records and analyses, record of perforations and initial production tests, if any. If any of the information required by this paragraph is contained in reports required to be filed with the Oil and Gas Conservation Commission of Colorado, the requirements of this paragraph for such information may be satisfied by such filing with said Commission, except for copies of the reports as are required by the following paragraph, and provided that all such information is immediately available to Lessor. Any proprietary information so submitted shall not be subject to public inspection under Colorado law. B 1094 REC 02035213 12/09/85 14: 07 $0. 00 008 F 1733 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO:°gO Lessee shall bury pipelines below plow depth. Lessee shall set and cement sufficient surface casing to protect the fresh water wells of the area. 17. NOTIFICATION - Lessee shall notify Lessor and the surface lessee or surface owner of the location of each drill site at least two weeks prior to commencing drilling operations thereon. Lessee shall notify Lessor before commencing to plug and abandon any well by copy of Lessee's request for approval or sundry notice of intent to plug and abandon. 18. BONDS - Lessee shall be liable for all damages to the surface of the land, livestock, growing crops, water wells, reservoirs, or improvements caused by Lessee's operations on said land. No operations shall be co......-_.-ed on the land hereinabove described unless and until Lessee shall have filed a good and sufficient bond with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as may be caused by Lessee's operations on said land and to assure compliance with all the terms and provisions of this lease, the laws of the State of Colorado, and the rules and regulations thereto appertaining. A , bond may be held in effect for the life of production of any well. 19. SL=LEYZNT - Lessee shall not remove any machinery, equipment or fixtures placed on said land, other than drilling 'equipment, nor draw the casing from any well unless and until all payments and obligations currently due Lessor under the terms of this lease shall have been paid or satisfied. Any machinery, equipment or fixtures left on this land for a period of more than six (6) months after the expiration hereof, shall automatically become the property of Lessor. 20. 0TEER DISCOVERY - Should Lessee discover any valuable products other than oil and gas, on or within the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event Lessee and Lessor may negotiate a provision for production of such discovery. 21. WATER - This lease does not grant permission, express or implied, to Lessee for water exploration, drilling, or establishing water wells without the written permission of the surface owner. If Lessor is the surface owner, said permission shall not be unreasonably withheld. If Lessee desires to establish or adjudicate any water right for beneficial use on the leased land, any such adjudication or application shall be in the name of Lessor if Lessor is the surface owner. The same shall apply to any nontributary water rights established on the leased and which may be put to beneficial use off said land. 22. DEFAULT - Upon failure or default of Lessee to comply with any of the terms and provisions hereof including but not limited to the failure to comply with laws, rules and regulations governing Colorado oil and gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel this lease as to all of the leased land so claimed or possessed by Lessee hereunder. In the event of any such default or failure, Lessor shall, before making any such cancellation, send to Lessee by certified mail, to the post office address of said lessee as shown by the records of Lessor, a notice of intention to cancel for such failure or default, specifying the same, stating that if within thirty (30) days from the date of mailing said notice, Lessee shall correct such failure or default, no cancellation will be made. If such failure or default is not corrected within thirty (30) days after the mailing of such notice, and if Lessee does not request a hearing on such notice within thirty (30) days, this lease will terminate and be cancelled by operation of this paragraph without further action by Lessor, or further notice to Lessee. B 1094 REC 02035213 12/09/85 14 : 07 $0. 00 6/008 F 1734 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 4 23. EXTENSION - If Lessee fails to make discovery of oil and gas, or either of them, in paying quantities during tilt primary term hereof, or during drilling operations commenced during the primary term hereof, Lessee may make written application to Lessor for an extension of this lease for a term equal to the primary term as to all of the mineral acres covered hereby (excluding any mineral acres theretofore surrendered as in the SURRENDER Paragraph provided, or assigned as in the ASSIGNMENTS Paragraph provided). The granting of such extension shall be at the sole option of Lessor at double the rental for the primary tom hereof. 24. HOLD HARMLESS - Lessee shall indemnify Lessor against all liability and loss, and against all claims and actions, including the defense of such claims or actions, based upon or arising out of damage or injury, including death, to persons or property caused by or sustained in connection with operations on this leased land or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation. 25. CONDEMNATION - If the leased land shall be taken in any condemnation proceeding, this lease shall automatically terminate as of the date of taking. The award for such condemnation shall be paid to Lessor, except for any specific award(s) paid to Lessee for severed oil and gas reserves, in which event XXXXXXXXX of such specific award(s) shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation. Improvements shall be removed by Lessee per terms in the SETTLEMENT Paragraph herein. If only a portion of the leased land is taken by condemnation, Lessor may, at its option, terminate this lease or terminate only that portion of the lease so taken. 26. ERRORS - Every effort is made by Lessor to avoid errors in all procedures including but not limited to auction listings and lease preparation. Lessor shall not be liable for any inconvenience or loss caused by errors which may occur. Lessee shall notify Lessor immediately upon discovery of any errors or discrepancy whatever. 27. ARCHAEOLOGY - Lessee shall not destroy, disturb, mar, collect, remove or alter any prehistoric or historic resources of any kind on Weld County lands as provided by law. These resources include but are not limited to all artifacts of stone, wood or metal, pictographs, strictures, and bones. A discovery of anything of prehistoric or historic nature shall be reported to Lessor or the State of Colorado Archaeologist immediately. 28, DEFINITIONS - (a) "Gas" as used herein shall mean all gases (combustible and noncombustible), including but not limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helium. (b) "Oil and gas" as used herein shall include all substances produced as by-products therewith, including but not limited to sulfur. (c) "Paying quantities" as used herein shall mean and refer to quantities of oil and gas or of either of them sufficient to pay for the current cost of producing same. 29. EEIRS £XD ASSIGNS - The benefits and obligations of this lease shall inure to and be binding upon the heirs, legal representatives, successors or assigns of Lessee; but no sublease or assignment hereof, or of any interest herein, shall be binding upon Lessor until the same has been approved by Lessor as explained in the ASSIGNMENTS' paragraph provided. B 1094 REC 02035213 12/09/85 14: 07 $0. 00 7/008 • F 1735 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ,. - 30. WARRANTY OF '"- - - .lessor does not warrant title to the leased premises, but it shall, upon request, allow Lessee access to such abstracts and other title papers as it has in its files. There shall be no obligation on Lessor's part to purchase new or supplemental or ether title papers nor to do any curative work in connection with r4-19 to the subject lands. All abstracts of title, whether new or suppie_entarv, obtained by Lessee and covering the subject lands shall become the property of and be delivered to Lessor after Lessee has completed its title examination and curative work, subject, however, to the right of Lessee to use such abstracts upon recuest at any time during the term of t::e Lease. IN WITNESS tYHEREOF, lessor has hereunto signed and caused its name to be signed by the EOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, with the seal of the office affixed, and Lessee has signed this agreement, the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COL:,_l, COLORADO s'.._EST:\/fi s t n vO.t�"c',{.lS/lA/4.l• U{ Weld County-Clerk-and Recorder and Clerk 'o,.yhe 3oard - t �' � z l/ ( 3 L tjG P.-: / c am) { B-i ce,! .c-cXl.c& LESSEE- . STATE OF COLORADO ) ) sS. COUNTY OF WELD ) ,.. „The foregoing instrument was acknowledged before me this day of �j,//,�ct2f�..i '_9�.5-- by Witness my hand and official seal. My Commission Expires: - .`,-e - No ary Public ,,, O' ', j'. _ PU O n.," . T� Cs ct . B 1094 REC 02035213 12/09/85 14: 07 $0. 00 8/008 F 1736 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RESOLUTION RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED IN SECTION 35 , TOWNSHIP 9 NORTH, RANGE 59 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, a portion of said mineral acres not currently leased was put up for bid to lease, and WHEREAS, Rio Grande Exploration Company, 1030 North Cedar, Colorado Springs, Colorado 80903 , submitted the high bid to lease 53. 33 net mineral acres, more or less, described to-wit: Section 35 : W1/2SW4, Township 9 North, Range 59 West of the 6th P.M. , Weld County, Colorado (2/3 Interest) WHEREAS, Weld County desires to accept the high bid offer submitted by Rio Grande Exploration Company to lease the above described mineral acreage for TEN and NO/100 DOLLARS ($10 .00) per net mineral acre, for a total sum of FIVE HUNDRED THIRTY-THREE and 30/100 ($533.30) , together with a rental fee of ONE DOLLAR ($1 .00) per net mineral acre, which lease is to run for a period of three (3) years, commencing December 4 , 1985 , and ending at 12 :00 noon on December 4 , 1988 , unless otherwise held, as stated in the lease agreement which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the high bid offer of Rio Grande Exploration Company, 1030 North Cedar, Colorado Springs, Colorado 80903 , be, and hereby is, accepted for a period of three (3) years with the total sum being as above listed. Page 2 RE: OIL & GAS LEASE - RIO GRANDE EXPLORATION 59-9-35 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST 16:14L !`1 `-r WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board J eline Johnson, Chairman BY-s: ene R. Br ntner, Pro-Tem 9hputy County Ciserk EXCUSED APPROVED AS TO FORM: C.W. Kir•• - - - G• d = ' Lac /f County Attorney �,/ Fran Yamaguc/ AR2035215 • WELD COUNTY OIL AND G(S LEASE Containing 53-.33 acres, more or less: `[ THIS LEASE AGREE'ENT, dated this 4th day of _ December , 19 85 , made and entered into by and between WELD COUNTY, COLORADO, a political subdivision of the STATE OF COLORADO, acting by and o U through the BOARD OF COLSTY COMMISSIONERS OF THE COUNTY OF WELD -for-its respective interests, c/o BOARD OF U o COUNTY COMMISSIONERS, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, CO 80631, hereinafter called ,..� a Lessor, and: U Rio Grande Exploration Co. o !be33e N, CE.DkIC o taxi -4 (49000 sP(CLN eV a&1Q31 cr.?: hereinafter called Lessee: o fY yr z CG WITNESSETH U WHEREAS, said Lessee has applied to Lessor for an oil and gas lease zovering the land her described, r` CC and has paid a filing fee in the amount of S10.00, plus a bonus consideration of $ 10 00 =r mineral acre, fixed by Lessor as an additional consideration for the granting of this lease, and Lessee agrees to ,a sT pay an annual rental of $ 54.00 , computed at the rate of $ 1.00 , per mineral acre or g fraction thereof per year. ul , co U WHEREAS, all the requirements relative to said appl£cation__Dave been duly complied with and said -.- -- application has been approved � z pp/ and allowed by Lessor; o n NE-4 THEREFORE, in consideration of the agreements herein, on the part of Lessee to be paid, kept and a performed, Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for, development of and production of oil and gas, or either of them, thereon and therefrom with the right to own ,-i W all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of N k' this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and telegraph en Z lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and " ry any and all rights and privileges necessary for the exploration and operation of said land for oil and gas, the following described land situated in the County of Weld, State of Colorado, and more particularly N U a described as follows: U DESCRIPTION OF LAND SECTION TOWNSHIP RANGE ON a 1/2Sw1/4 (2/3 int) 35 9N 59W [C [y TO FAZE AND TO BOLD said land, and all the rights and privileges granted hereunder to Lessee until the hour of twelve o'clock noon on the 4rh day of December , 1988 as primary term, and so long thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing £s granted by Lessor; provided that such drilling or reworking operations are commenced during said primary term or any extension thereof or while this lease is in force by reason of production of oil and gas or either of them, or that such reworking is commenced within sixty days upon cessation of production for the purpose of re-establishing the sane, and provided further that such production is commenced during such primary term or any extension thereof, or while this lease is in force by reason of such drilling or reworking operations or other production. ER?LORATION - Lessor reserves the right to conduct exploration on the leased land provided such exploration does not interfere with rights granted herein. In consideration of the premises, the parties covenant and agree as follows: 1. RENTAL - If this lease is extended for an additional term as provided for in the EX"TZNSION paragraph hereof, Lessee shall during such extended period pay to lessor an annual rental at double etthei rate above specified for the land covered hereby. The rental in effect_ etthe time production shall not be increased due to the term ofa this lease e ngme n t at extended g dify su ihir h o ucti n. Re Rent als istdatntthe oftine of established production shall be ph during tb on or before each anniversary date hereof. There shall be no refund of unused rental. and 2. ROYALTY - Lessee shall account for any and all substances produced onptheoleasedulanduand Lessee ee shall pay to Lessor as royalty, in addition to the rentals p leased land, unavoidably lost or flared on the leased land, with approval of Lessor, the following: (a) On oil, 12' 9 of the oil produced and saved from the leased land. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor s on the leased but Lessee dd free of cost or deduction, into the pipelines or storage tanks designated for y a longer period than shall and not in such case be required to provide free tankage for any month after the same is run into tanks. With sixty (60) days' notice co Lessee, Lessor may cease taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair market value of the oil at the well which shall not be deemed to be less than the price actually paid to Lessee et at t the well the nrthespr Lpof;riceand in no event in the field for shall such oil,, ortins be the absence of a poson a ted e valuethe well lessd than the posted price price in the field for such oil, upon a market value at the well less at the than thte such oil is rice un received by other producers in the field for oil of like grade and gravity into pipelines or storage tanks. (b) On gas, including casinghead gas or other gaseous substance, 12i% of the fair market value_at the well or of the price received by Lessee at the well, whichever is greater, of all gas produced and sold from the leased land or utilized off the land by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold under contract tb ethat tehas beebeen sapprapproved tby Lessor, the fair market value of such gas for determining the royalties payable a: price at which such gas is sold under such contract. No the nder n terms mwoo` any such e agreement shall operate to make Lessor a party untie its royalty w in kind. option of Lessor, and with sixty (60) days' notice to Lessee, Lessor royalty kepi With sixty (50) days' notice to Lessee, Lessor may cease taking gas `y d. (c) All costs of marketing the oil and/or gas produced shall be borne by Lessee and such costs - -- shall not directly or indirectly reduce the royalty payments to Lessor. Except that marketing costs • for Lessor's in-kind royalty shall be borne by Lessor. (d) If Lessor owns a lesser interest in the oil and gas deposits of the above-described land than - the entire and undivided fee simple estate, then the royalties and rentals herein provided shall be paid to Lessor only in the portion which its interest bears to the whole and undivided fee, but no refund of any bonus consideration shall be made by Lessor hereunder. B 1094 REC 02035215 12/09/85 14: 07 $0 .00 2/008 F 1746 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO >., . 3. RECORDS - Lessee agrees to keep and to have in possession complete and accurate books and records showing the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable hours, to examine the sane, or to furnish copies of same to Lessor upon request along with purchaser's support documentation. Lessor will not be unreasonable with requests. All said books and records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than five years. 4. YSASUREIINTS - All production shall be accurately measured using standards established by the American Gas Association (AGA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamperproof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated on actual and accurate measurements within API standards unless a different means of measurement, subject to Lessor's approval, is provided. 5. PAYMENTS & REPORTS - All payments and reports due hereunder shall be made on or before the day such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary tern hereof. - - Oil royalty payments and supporting documents shall be submitted prior to the last day of the month following each month's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. All payments shall be made by cash, check, certified check or money order. Payments having restrictions, qualifications, or encumbrances of any kind whatsoever shall not be accepted by Lessor. A penalty for a late payment shall be charges as set forth in the PENALTIES paragraph herein. 6. PENALTIES - A penalty shall be. imposed for, but not limited to late payments, improper payments, operational deficiencies, violation of any covenant of this lease, or false statements made to Lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by Lessor and shall become effective immediately after public notice. Said schedule may be changed from time to time after public notice. _ 7. LAW - The terms and conditions of this lease shall be performed and exercised subject to all laws, rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of lands and minerals awned by the County of Weld, and to laws, rules and regulations governing oil and gas operations in Colorado. Violations shall result in penalties as provided for by law or as set forth in the aforementioned schedule or shall, at the option of Lessor, result in default as provided hereinafter. 8. SURRENDER - Lessee may at any time, by paying to Lessor all amounts then due as provided herein, surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved from further obligations or liability hereunder with respect to the land so surrendered; provided that no partial surrender or cancellation of this lease shall be for less than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section; provided further that this surrender clause and the option herein reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, Lessor or any assignee of either to enforce this lease, or any of its terms expressed or implied. In no case shall any B 1094 REC 02035215 12/09/85 14: 07 $0. 00 3/008 F 1747 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO surrender be effective until Lessee shall have made full provision for conservation of the leased products and protection of the surface rights of the leased land. _. 9. ASSIGNMENTS - (a) Lessee, with prior written consent of Lessor, shall have the right to assign the entire leasehold interest of said Lessee in all or part of the land covered hereby, but not less, however, than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section for any partial assignment, and for approval of such assignment Lessor shall make an assignment charge in an amount to be determined by Lessor. Prior to written approval by Lessor of assignment of this lease, Lessee (assignor) shall not be relieved of its obligations under the terms and conditions herein. An assignment shall not extend the term of this lease. (b) If any assignment of a portion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the assigned land, containing the same terms and conditions as this lease, and limited as to term as this lease is limited, and the assignor shall be released and discharged from all further obligations and liabilities as to that portion so assigned. (c) Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Said interests will not be recognized or approved by Lessor, and the effect of any such assignments will be strictly and only between the parties thereto, and outside the terms of this lease= and no dispute between parties to any such assignment shall operate co relieve Lessee from performance of any terms or conditions hereof or to postpone the time therefor. Lessor shall at all times be entitled to look solely to Lessee or his assignee shown on its books as being the sole owner hereof, and for the sending of all notices required by this lease and for the performance of all terms and conditions hereof. (d) Although not binding on Lessor, all instruments of every kind and nature whatsoever affecting this lease should be filed with the Lessor. 10. OVERRIDING ROYALTY - Any and all reservations or assignments or overriding royalties shall be subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent (5%), including any overriding royalty previously provided for unless production exceeds a monthly average of fifteen (I5) barrels per day or ninety thousand cubic feet of gas per day (90 MCF/D). In the event that production drops to this amount or less, any overriding royalties which exceed five percent (5%) may be suspended. Lessor's approval of a reservation or assignment of an overriding royalty shall not bind Lessor for payment of said overriding royalty and shall not relieve Lessee of any of its obligations for payment of royalties to Lessor as provided by ROYALTY paragraphs herein. 11. OFFSET WELLS - Lessee agrees to protect the leased land from drainage by offset wells located on adjoining lands not owned by Lessor, when such drainage is not compensated for by counter-drainage. It shall be presumed that the production of oil and gas from offset wells results in drainage from the leased Iand, unless Lessee demonstrates to Lessor's satisfaction, by engineering, geological, or other data, that production from such offset well does not result in such drainage, or that the drilling of a well or wells on the leased land would not accomplish the purposes of protecting the deposits under the leased land. Lessor's decision as to the existence of such drainage shall be final, and Lessee shall comply with Lessor's order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor. B 1094 REC 02035215 12/09/85 14: 07 $0.00 4/008 F 1748 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO . . 1 12. DEVELOPMENT - upon discovery of oil and gas or either of them on the leased land, Lessee shall proceed with reasonable diligence to develop said land at a rate and to an extent commensurate with the economic development of the field in which the leased land lies. 13. UNITIZATION - COMMTNITIZATION - In the event Lessor permits the land herein leased to be included within a communitizaticn or unitization agreement, the terms of this lease may be deemed to be modified to conform to such agreement. When only a portion of the land under this lease is committed by an agreement, Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the term of such separate lease shall be limited as to the original term of this lease. The terms of the lease on that portion remaining in the unit shall be deemed to be modified to conform to such agreement. Nonproducing leases shall terminate on the first anniversary date of the lease following the termination date of the unit or part thereof codifying the lease, but in no event prior to the end of the primary term of the lease or the extension term of the lease. 14. PRODUCTION - Lessee shall, subject to applicable laws, regulations and orders, operate and produce all wells upon the leased land so long as the same are capable of producing in paying quantities, and shall operate the same so as to produce at a rate commensurate with the rate of production of wells on adjoining lands within the same field and within the limits of good engineering practice, except for such times as there exist neither market nor storage therefor, and except for such limitations on or suspensions of production as may be approved in writing by Lessor. Lessee shall be responsible for adequate site security on all producing properties. 15. S:'.uT-INWELLS - If Lessee shall complete a well on the leased land productive of gas and Lessee is unable to produce such gas due to a lack of suitable market therefor, Lessor may grant Lessee suspension of his obligations to produce hereunder until a suitable market for such gas can be found, and during any such suspension period, it shall be deemed that gas is being produced hereunder in paying quantities. Except, however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to Lessor a Shut-in royalty equal to $2 per acre of the lease per annum in addition to the annual rental. The minimum amount of such shut-in royalty payment shall be 5320. Each year's shut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during which the well begins production. The maximum extension of the lease, due to the existence of a shut-in well, shall be five years beyond the extension term as described in the EXTENSION paragraph herein. The granting of any further extensions shall be at the sole option of Lessor. 16. OPERATIONS - No exploration, drilling or production operation, including permanent installations, shall be within 230 feet of any existing building er other improvement, including water well or reservoir, -- -- - without the written permission of the owner of said improvements. Lessee shall keep a correct log of each veil drilled hereunder, showing by name or description the formations passed through, the depth at .=imam each formation' was reached, the number of--feet -of- each size casing set in each well, where se^ and the - - - total depth of each well drilled. Lessee, within thirty (30) days after the completion or abandonment of any well drilled hereunder, shall-file in the office of Lessor a complete and correct log of such well, together with a copy of the electric log and the radioactivity log of the well when such logs, or either of them, are run; and also a copy of all drill stem test results, core records and analyses, record of perforations and initial production tests, if any. If any of the information required by this paragraph is contained in reports required to be filed with the Oil and Gas Conservation Commission of Colorado, the requirements of this paragraph for such information may be satisfied by such filing with said Commission, except for copies of the reports as are required by the following paragraph, and provided that all such information is immediately available to lessor. Any proprietary information so submitted shall not be subject to public inspection under Colorado law. • B 1094 REC 02035215 12/09/85 14: 07 $0. 00 5/008 F 1749 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • Lessee shall bury pipelines below plow depth. Lessee shall set and cement sufficient surface casing to protect the fresh water wells of the area. 17. NOTIFICATION - Lessee shall notify Lessor and the surface lessee or surface owner of the location of each drill site at least two weeks prior to commencing drilling operations thereon. Lessee shall notify Lessor before commencing to plug and abandon any well by copy of Lessee's request for approval or sundry notice of intent to plug and abandon. 18. BONDS - Lessee shall be liable for all damages to the surface of the land, livestock, growing crops, water wells, reservoirs, or improvements caused by Lessee's operations on said land. No operations shall be commenced on the land hereinabove described unless and until Lessee shall have filed a good and sufficient bond with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as may be caused by Lessee's operations on said land and to assure compliance with all the terms and provisions of this lease, the laws of the State of Colorado, and the rules and regulations thereto appertaining. A bond may be held in effect for the life of production of any well. 19. Svt""rvri_ - Lessee shall not remove any machinery, equipment or fixtures placed on said land, other than drilling equipment, nor draw the casing from any well unless and until all payments and obligations currently due Lessor under the texts of this lease shall have been paid or satisfied. Any machinery, equipment or fixtures left on this land for a period of more than six (6) months after the expiration hereof, shall auto=atically become the property of Lessor. 20. OTHER DISCOVERY - Should Lessee discover any valuable products other than oil and gas, on or within the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event Lessee and Lessor may negotiate a provision for production of such discovery. 21. WATER - This lease does not grant permission, express or implied, to Lessee for water exploration, drilling, or establishing water wells without the written permission of the surface owner. If Lessor is the surface owner, said permission shall not be unreasonably withheld. If Lessee desires to establish or adSudicate any water right for beneficial use on the leased land, any such adjudication or application shall be in the name of Lessor if Lessor is the surface owner. The same shall apply to any nontributary water rights established on the leased land which may be put to beneficial use off said land. failure - hereof 22. DEFAULT - Upon _ ure or default of Lessee to comply with any of :he t-�s and ?=o'=s,'..' .: including but not limited to the failure to comply with laws, rules and regulations governing Colorado oil and gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel this to all of the leased land so claimed or possessed by Lessee hercender. "-n. the event of any lease as such default or failure, Lessor shall, before caking any such cancellation, send to Lessee by certified mail, to the post office address of said lessee as shown by the records of Lessor, a notice of intention to cancel for such failure or default, specifying the same, stating that if within thirty (30) days from the date of mailing said notice, Lessee shall correct such failure or default, no cancellation will be made. If such failure or default is not corrected within thirty (30) days after the nailing of such notice, and if Lessee does not request a hearing on such notice within thirty (30) days, this lease will terminate and be cancelled by operation of this paragraph without further action by Lessor, or further notice to Lessee. • B 1094 REC 02035215 12/09/85 14: 07 $0.00 6/008 F 1750 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • 23. EXTENSION - :f Lessee fails to make discovery of oil and gas, or either of them, in paying quantities during the primary tern hereof, or during drilling operations commenced during the primary term hereof, Lessee may make written application to Lessor for an extension of this lease for a term equal to the primary tern as to all of the mineral acres covered hereby (excluding any mineral acres theretofore surrendered as in the SL'RRENIER Paragraph provided, or assigned as in the ASSIGNMENTS Paragraph provided). Ile granting of such extension shall be at the sole option of Lessor at double the rental for the primary term hereof. 24. HOLD HARMLESS - Lessee shall indemnify Lessor against all liability and loss, and against all • claims and actions, including the defense of such claims or actions, based upon or arising out of damage or injury, including death, to persons or property caused by or sustained in connection with operations on this leased land or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation. 25. CONDEMNATION - If the leased land shall be taken in any condemnation proceeding, this lease shall automatically terminate as of the date of taking. The award for such condemnation shall be paid to Lessor, except for any specific award(s) paid to Lessee for severed oil and gas reserves, in which event XXXXXXXXX of such specific award(s) shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation. Improvements shall be removed by Lessee per terns in the SET.v'{3N7 Paragraph herein. If only a portion of the leased land is taken by condemnation, Lessor may, at its option, terminate this lease or terminate only that portion of the lease so taken. % 26. ERRORS - Every effort is made by Lessor to avoid errors in all procedures including but not limited to auction listings and lease preparation. Lessor shall not be liable for any inconvenience or loss caused by errors which may occur. Lessee shall notify Lessor immediately upon discovery of any errors or discrepancy whatever. 27. ARCHAEOLOGY - Lessee shall not destroy, disturb, mar, collect, remove or alter any prehistoric or historic resources of any kind on Weld County lands as provided by law. These resources include but are not limited to all artifacts of stone, wood or metal, pictographs, structures, and bones. A discovery of anything of prehistoric or historic nature shall be reported to. Lessor or the State of Colorado Archaeologist immediately. 28. DEFINITIONS - (a) "Gas" as used herein shall mean all gases (combustible and noncombustible), including but not _ limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helium. (b) "Oil and gas" as used herein shall include all substances produced as by-r-.... -herewith, including but not limited to sulfur. (c) "Paying quantities" as used herein shall mean and refer to quantities of oil and gas or of either of them sufficient to pay for the current Cost of producing same, 29. l-IRS AND ASSIGNS - The benefits and obligations of this lease shall inure to and be binding upon the heira, ]e:a_ r_,.. sen:a:ives. successors Or assigns of Lessee; but ;n subbase or -f . _ ,nte _ . :neln. .Sue_. be olneenn unen Lessor untl. the same has peen anornved by .. .. E. —.__c=Ginn B 1094 REC 02035215 12/09/85 14: 07 $0. 00 7/008 F 1751 MARY ANN £EUERSTEIN CLERK & RECORDER WELD CO, CO � ,, w ^r - Lessor does not warrant title to the• leased promises, b• it shall, tpon 3st, WARRANTY OF :I__., it has in its files. There shall such abstracts and other title tapers as request, allow lessee access no s title papers nor to do any • to purchase new or supplemental or other be- t e work ok in connection n Lessor's part -.-,e, whether new or ° with the subject lands. All abstracts of i'.e i. title to suppl_m_ •.ork z supplementary, obtained by Lessee and covering the subject lcn=s shall become the property of and be`- however, to examination and curative work, subject, delivered to Lessor after lessee has completed its title of _ a st at a during the term - Lease. the right of Lessee to use such abstracts upon request any =-"- fie.. IN WITNESS WHEREOF, lessor has hereunto signed and caused its name to be signed byehas the R OF O _this COMMISSIONERS OP THE COUNTY CF WELD, with the seal of the office affixed, and :. r agreement, the day and year first above written. BOARD CF COL:`- CO""ISSI0:EPS ��. .min FTLD COL..-., �O..sy n. , _. - \\ p":EST" 0.v�'^('�� - Weld County CIet'k'apd'Recorder //� f/,(�7,p� and Clerk to the n -1 ' / ` —` - „ By: ..ES≤-t c Paf/ // erivr- SATE OF COLORADO ) ) SS. CCI.i_f OF WELD ) / ��/l�vGr.�O� foregoing .•--_.teem r. was acknowledged before _ this day of/// E..1 , '9_/7- by Witness my hand and official My Commission Expires: — Notary ?ublic/ O1 ' r ' r PUUOR.? r- l B 1094 REC 02035215 12/09/85 14: 07 $0. 00 8/008 F 1752 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • • RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF WINDSOR AND WELD COUNTY FOR CONSERVATION TRUST FUND EXPENDITURES 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, on November 13, 1984 , the Board of County Commissioners adopted a policy concerning the use and allocation of Conservation Trust Funds, and WHEREAS , the Board has been presented with an Intergovernmental Agreement between the Town of Windsor and Weld County, Colorado, regarding Conservation Trust Fund expenditures, and WHEREAS, after review, the Board deems it advisable to approve the Agreement to allocate $6 ,000 . 00 to the Town of Windsor, a copy of said Agreement being attached hereto and incorporated herein by reference, and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Intergovernmental Agreement between the Town of Windsor and Weld County, regarding Conservation Trust Fund expenditures, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Intergovernmental Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of December, A.D_ , 1985. `,1n i; ' BOARD OF COUNTY COMMISSIONERS ATTEST: / I tom= Iu./ta etrt. WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board J ueline Johnson, Chairman ge0414-1L-' -"BY: (.71(--101-4-eL, Gene R. Brantner, Pro-Tem eputy County C erk APPROVED AS TO FORM: C.W. Kirb G r .. L cy ounty Attorney EXCUSED Frank Yamaguchi INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF WINDSOR AND WELD COUNTY FOR CONSERVATION TRUST FUND EXPENDITURES THIS AGREEMENT, entered into this 25th day of November , 1985, between the Town of Windsor and the County of Weld is for the purpose of allocating certain funds from the Conservation Trust Fund to the Town of Windsor. 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, §29-21-101 , CRS, provides that in the utilization of monies received, pursuant to §29-21-101 , CRS, each eligible entity may cooperate or contract with any other government or political subdivision, and WHEREAS, the funds from the Conservation Trust Fund must be expended only for the acquisition, development, and maintenance of • new conservation sites or for capital improvements or maintenance for recreational purposes on any public site, and WHEREAS, Weld County must report the use of all lottery funds and certify that the funds were properly used in accordance with State statute, and WHEREAS, the Board of County Commissioners desires to give the Town of Windsor the allocated amount of the lottery funds ($6 ,000 .00) , providing that they comply with all the conditions of the State law, enter into an agreement indicating that they have complied and indicating the use of the funds for reporting purposes, and WHEREAS, following the submission of an application by the Town of Windsor for assistance in the project known as park improvement in the Town of Windsor, Weld County, has extended to the Town of Windsor, a grant from the Conservation Trust Fund in the amount of $6 ,000 . 00 . IT IS AGREED THAT: 1 . The Town of Windsor will obtain at least three (3) bids on all project costs and accept the low bid unless authorized by Board of County Commissioners ' resolution to do otherwise. 2 . Following completion of the project, the Town of Windsor must report to Weld County its acceptance of the project from its contractor or supplier. . 3 . Such report shall include an accounting of actual expenses for the project and a request for reimbursement of a specific dollar amount. • 4 . Upon receipt of this report and request for reimbursement, the County shall determine the amount of reimbursement and will make a single payment to the Town of Windsor. 5 . Weld County shall reimburse the Town of Windsor during the calendar year 1986 . It is therefore understood and agreed that the project should be completed and the request for . reimbursement forwarded no later than December 1 , 1986 . 6 . This allocation agreement shall become effective upon approval and signature by authorized representatives of the Town of Windsor and Weld County. ATTEST: j" G��nd� � � May Tow of W ndsor Town f Windsor, Clerk BOARD O COUNTY COMMISSIONERS ATTEST: 1.7111 ,.;d t WELD NTY,,,/ COLORADO Weld County erk and Recorder By: 1'C/ and Clerk to the Bo 'Chairman :,0;=a a 1 N tic v1 D putt' County C rk RESOLUTION RE: AMENDMENT OF LOAN AGREEMENT BETWEEN WELD COUNTY, COLORADO AND COLORADO LANDFILL, INC. DATED AS OF MARCH 1, 1980. WHEREAS, the Board of County Commissioners (the "Board") of Weld County, Colorado (the "County") , pursuant to Colorado statutes and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado; and WHEREAS, by Ordinance No. 67 finally passed and adopted on 28 January 1980 the County entered into a Loan Agreement dated as of March 1, 1980 between the County and Colorado Landfill, Inc. (the "Corporation") ; and WHEREAS, the County issued its Industrial Development Revenue Bonds (Colorado Landfill, Inc. Project) Series 1980, dated as of March 1, 1980 in the principal amount of $1, 300, 000 (the "Bonds") pursuant to a Trust Indenture, dated as of March 1, 1980 (the "Indenture") between the County and United Bank of Fort Collins, N.A. (the "Trustee") ; and WHEREAS, the Corporation has experienced severe financial difficulties and has reorganized its structure and has requested an amendment to the Loan Agreement as set forth below; and WHEREAS, the County has considered Colorado Landfill's proposal and wishes to proceed with the amendment; and WHEREAS, the action herein contemplated is not prohibited by the County's Home Rule Charter or the statutes of the State of Colorado; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that pursuant to Section 14. 08 of the Loan Agreement providing for amendments to the Loan Agreement with the prior written consent of the Guarantor (as defined therein) , the Board of County Commissioners hereby authorizes, subject to the approval of the Guarantor, the amendment of Section 11. 01 of the Loan Agreement as follows: "Section 11.01. Assignment by Borrower. This Agreement may be assigned by Borrower with the prior written consent of the Guarantor, but without the consent of either Issuer' s Representative or Trustee, subject to the satisfaction of the following conditions: (a) If approved by the Guarantor, the assignment shall relieve Borrower from primary liability and the performance of the covenants and agreements set forth in this Agreement, and the Security Documents and related documents. (b) An assignee shall assume in writing the obligations of Borrower hereunder and Borrower shall, within thirty (30) days after the deliver thereof, furnish or cause to be furnished to Issuer and Trustee a true and complete copy of each assumption and assignment. " All other provisions of the Loan Agreement remain in full force and effect, unchanged by this Resolution. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the q91-`• day of December, A.D. , 1985. • BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Ame eyescce ter ,„er-cit -Iyiez7a,v,,v‘;,{AiA4ta,;; ATTEST: • Weld County Clerk and Recorder and Clerk to the Board 0 \BYE G—J'r✓�?c-chi �t1f'.«c-Ea) ep 'ty County Cle APPROVE AS TO FORM: County Attorney -2- AMENDMENT TO LOAN AGREEMENT BETWEEN WELD COUNTY, COLORADO AND COLORADO LANDFILL, DATED AS OF MARCH 1, 1980 AND AMENDED AS OF DECEMBER 9 , 1985 ' l AMENDMENT TO LOAN AGREEMENT THIS AMENDMENT made and entered into as of the 9th day of December, 1985 (the "Amendment") by and between Weld County, Colorado (the "County") and Colorado Landfill, Inc. (the "Corporation") amends the Loan Agreement as of March 1, 1980 (the "Loan Agreement") concerning $1, 300, 000 Industrial Development Revenue Bonds (Colorado Landfill, Inc. Project) dated March 1, 1980 (the "Bonds") . All words and phrases defined in Article 1 of the Loan Agreement shall have the same meaning assigned to them in the Loan Agreement when used herein. WHEREAS, Section 14 . 08 of the Loan Agreement provides for amendments to be effected with the prior written consent of the Guarantor. WHEREAS, the Board of County Commissioners of Weld County, Colorado has approved the amendment set forth below by its Resolution passed and adopted on December _, 1985. NOW THEREFORE, the Loan Agreement is hereby amended as follows: Section 1. Section 11.01 is amended as follows: "Section 11. 01. Assignment by Borrower. This Agreement may be assigned by Borrower with the prior written consent of the Guarantor, but without the consent of either Issuer's Representative or Trustee, subject to the satisfaction of the following conditions: (a) If approved by the Guarantor, the assignment shall relieve Borrower from primary liability and the performance of the covenants and agreements set forth in this Agreement, and the Security Documents and related documents. (b) An assignee shall assume in writing the obligations of Borrower hereunder and Borrower shall, within thirty (30) days after the deliver thereof, furnish or cause to be furnished to Issuer and Trustee a true and complete copy of each assumption and assignment." Section 2. All other provisions of the Loan Agreement remain in full force and effect, unchanged by this Amendment. IN WITNESS WHEREOF, Weld County Colorado has caused this Amendment to be executed in its name and on its behalf by its Chairman of the Board of County Commissioners, countersigned by the County Treasurer, attested by the County Clerk and Recorder -1- and approved as to form by the County Attorney; the Corporation has caused this Amendment to be executed in its name by its duly authorized officers, all as of this J' day of December, 1985. WELD COUNTY, COLORADO (S E A L) By: I � �5 Vz -Chairman .7 ,t_ • Board of County Commissioners ATTEST. 0-77 Larv Cilr-C1-1Ip, County Clerk and Re order PPROVED: COUNTERSIGNED:cc O / <'✓L!�-N. -f�iL «<-14 C unty Attorney for County Treasurer Weld County COLORADO LANDFILL, INC. (S E A L) By: Title: ATTEST: By: Title: -2- 1/43ecocci Oe Cc ORDINANCE NO. 9-D IN MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS AND ADDITIONS, OF CERTAIN SECTIONS, TO THE INDIVIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS , ORDINANCE NO. 9-A, AS AMENDED BY ORDINANCE NOS. 9-B AND 9-C BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners has the power and authority under the Weld County Home Rule Charter under Article 10 , Title 25 , CRS, to adopt individual sewage disposal system regulations for all areas of the County of Weld, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, has previously adopted Ordinance No. 9 , with subsequent re-enactments and amendments, the Weld County Individual Sewage Disposal System Regulations, establishing a comprehensive set of rules and regulations pertaining to individual sewage disposal systems, and WHEREAS, the Colorado Department of Health guidelines for individual sewage disposal system regulations have undergone certain changes since passage of Weld County Ordinance No. 9-C, and, the Colorado Department of Health, Planning and Standards Section, Water Quality Control Division, is currently reviewing these amendments to determine compliance with the current guidelines, and WHEREAS, the Weld County Board of Health will review this matter on November 26 , 1985 , to provide recommendations to this Board prior to the second reading of this Ordinance, and WHEREAS, this Board finds and determines that the adoption of the amendments , deletions and additions to the Individual Sewage Disposal System Regulations is in the best interest of the health, safety, and welfare of the citizens of the County of Weld. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that the following provisions of the Weld County Individual Sewage Disposal System Regulations, Weld County Ordinance 9-A, as amended by Weld County Ordinance 9-B and 9-C, be repealed and re-enacted, with Page 2 RE: ORDINANCE NO. 9-D amendments , repealed or added as shown in "Attachment A" , a copy of which is attached hereto and incorporated herein by reference. If any section, subsection , paragraph, sentence, clause or phrase of this Ordinance is for any reason held or decided to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion. The Board of County Commissioners hereby declares that it would have passed the Ordinance, and each and every section, subsection , paragraph, sentence, clause and phrase thereof irrespective of the fact that any one or more section, subsection , paragraph, sentence , clause , clause and phrase might be declared to be unconstitutional and invalid. This Ordinance shall become effective January 1 , 1986 . The above and foregoing Ordinance No. 9-D was, on motion duly made and seconded, adopted by the following vote on the day of , A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder Jacqueline Johnson, Chairman and Clerk to the Board BY: Gene R. Brantner, Pro-Tem Deputy County Clerk APPROVED AS TO FORM: C.W. Kirby Gordon E. Lacy County Attorney Frank Yamaguchi First Reading: November 25 , 1985 Published: November 28 , 1985 , in the Johnstown Breeze Second Reading: December 9 , 1985 Published: December 12 , 1985 , in the Johnstown Breeze Final Reading: December 23 , 1985 Published: December 26 , 1985 , in the Johnstown Breeze Effective Date - January 1 , 1986 ATTACHMENT A SECTION II is repealed and re-enacted to read as follows: SECTION II: DEFINITIONS: The following definitions shall apply in the interpretation and enforcement of this Regulation. The word "shall" as used herein indicates a mandatory requirement. 2. 1 Absorption System: a leaching field and adjacent soils or other system for the treatment of sewage in an individual sewage disposal system by means of absorption into the ground. 2.2 Absorption Trench: one or more trenches not over three (3) feet in width and of varying length and depth in which sewage effluent is percolated into the soil. 2.3 Acceptable Design: a standardized design of tank, plant or system, the installation of which is permitted by the Department, provided that site requirements are met. 2.4 Aeration Plant: equipment or devices for the aerobic treatment of sewage. 2.5 Aerobic Sewage Treatment System: an individual sewage disposal system employing biological action which is maintained by the addition of air or oxygen. 2.6 Analytical Parameters: 1 A. Temperature (T) : The measure of the thermal state of substance with respect to its ability to communicate heat to its environment reported as degrees Centigrade (C) . B. Suspended Solids (SS) : solids in the sewage that can be removed readily by standard filtering procedures in a laboratory reported as milligrams per liter (mg/1) . C. Volatile Suspended Solids (VSS) : the quantity of solids in sewage which are lost on ignition of the dry suspended solids at 600°C. reported as percent of total suspended solids. D. Settleable Solids: solids in the sewage which will settle, as distinct from remaining in suspension reported as milliliters per liter of sample after 30 minutes of settling time (ml. 30 min.) . E. pH: the logarithm of the reciprocal of the hydrogen ion concentration. • F. Dissolved Oxygen (DO) : the oxygen dissolved in sewage reported as milligrams per liter (mg/1) . G. Chemical Oxygen Demand: is the measure of the oxygen equivalent of that portion of organic matter that can be oxidized by a strong chemical oxidizing agent and reported as milligrams per liter (mg/1) . H. Five Day Biochemical Oxygen Demand (BOD ) : the quantity of oxygen used in the biochemical oxidation of organic matter in five days at 20° C under specified conditions reported as milligrams per liter (mg/1) . 2.7 ARplicant: any person who submits an application for a permit for an individual sewage disposal system. 2.8 Approved: official consent given in writing by the Department. 2.9 Bedrock: the more or less solid undisturbed rock in place either at the surface or beneath surficial deposits of gravel, sand, or soil or a consolidated rock formation of impervious material which may exhibit jointed, fractured, or deteriorated characteristics. 2. 10 Board of Health: the Board of Health as designated by the Board of County Commissioners of Weld County, Colorado. 2. 11 Building Sewer: that part of the piping of a drainage system which extends from the end of the building drain and which receives the discharge of the building drain and conveys it to a public sewer, private sewer, individual sewage disposal system or other point of disposal. 2. 12 Cesspool: a covered underground receptacle which receives untreated sewage from a building and permits the untreated sewage to seep into surrounding soil. 2 2. 13 Cistern: a water-tight covered receptacle of non-toxic materials which is designed for storage of potable water. 2. 14 Competent Technician: an employee of the Department who is able to conduct and interpret the results of a site evaluation. 2. 15 Component Parts: all physical, mechanical and electrical components of an aeration plant. 2. 16 Composting Toilet: a unit which consists of a toilet seat and cover over a riser which connects to a compartment or vault that contains or will receive composting materials sufficient to reduce waste by aerobic decomposition. 2. 17 Contact Basin: a water tight receptacle used for the retention of effluent for a specified length of time so that required biological or chemical action can occur. 2. 18 Department: the Weld County Health Department 2. 19 Dispersal System: a system for the disposal of effluent, after final treatment in an individual sewage disposal system, by a method which does not depend upon or utilize the treatment capacity of the soil. 2.20 Distribution Box: a water—tight chamber below the outlet level of a septic tank or treatment unit and from which effluent enters the absorption system. 2.21 Division: the Division of Health Protection Services, Weld County Health Department. 2.22 Dosing Tank: a tank which provides for a high rate, periodic discharge of effluent. 2.23 Effluent: the liquid waste discharge from an individual sewage disposal system. 2.24 Environmental Health Specialist: a person who is trained in physical, biological and sanitary science to carry out inspectional and educational duties in the field of environmental health. 2.25 Evapotranspiration System: a type of dispersal system that wholly or primarily utilizes liquid evaporation or transpiration by vegetation as a means of effluent disposal. 2.26 Experimental System: a new device or design in which further testing is required in order to provide sufficient information before acceptance. 2.27 Food Chain Crop: those crops grown for table use which includes onions, potatoes, and salad vegetables. This does not include wheat, corn, barley, or other grains. 2.28 Geologist: a Professional Geologist as defined in 6-5-102, CRS 1973. 3 2;29 Groundwater Table: the upper surface of ground water in the zone of saturation of a geologic formation. 2.30 Health Officer: the chief administrative and executive officer of Weld County Health Department or other representative as designated by the Board of Health or Board of County Commissioners of Weld County. 2.31 Holding Tank: a water-tight receptacle for the retention of sewage either before, during or after treatment. 2.32 Individual Sewage Disposal System and the terms "System" and "I.S.D.S.": a system or facility for treating, neutralizing, stabilizing or disposing of sewage which is not a part of or connected to a sewage treatment works. 2.33 Lift Station: a device used for the vertical lifting of effluent to the required horizontal level of either the absorption field or septic tank. 2.34 Limiting Zone: any soil horizon in the soil profile or underlying strata which prevents the soil from acting as an effective filter of organisms and suspended solids from effluent, and shall include seasonal and perched water tables, determined by direct observation or by observation of salts, chemically reduced iron expressed as mottling or gleying; bedrock with impermeable, slowly permeable, or fractured strata; and excessively coarse sands and/or gravels. 2.35 Liner: a water-tight membrane liner of at least 0.01 meter (10 millimeters) thickness which is used to prevent effluent from entering the soil or groundwater table. Material shall be polyvinyl chloride or material of equal integrity. 2.36 Manufacturer: the person or firm that constructs or assembles individual sewage treatment system components. 2.37 Matrix: the material in which effluent is dispersed for ?ercolation or capillary action. 2.38 Mini-System: a system designed to accommodate wastes only from sinks, lavatories, tubs, showers or laundries. 2.39 Owner: the person who is owner of record for the land on which an individual sewage disposal system is to be designed, constructed, installed, altered, extended or used. 2.40 Percolation Test: a subsurface soil test at the depth of a proposed absorption system or similar component of an individual sewage disposal system to determine the permeability of the soil, the results of which are normally expressed as the length of time in which one inch of water is absorbed. 2.41 Permeability: the property of a material which permits movement of water through the material. 4 2.42 Permit: a permit for the construction or alteration, installation and use or for the repair of an individual sewage disposal system. 2.43 Person: individual, partnership, firm, corporation, association or other legal entity and also the state, any political subdivision thereof or other governmental entity. 2.44 Plot Plan: an accurate drawing or map indicating the dimensions, acreage, and location of property lines, buildings, wells, individual sewage disposal systems, water courses, geographical features and other pertinent information as required. 2.45 Privz: a structure allowing for the disposal of excreta not transported by a sewer and which provides privacy and shelter and prevents access to the excreta by flies, rodents or other animals. 2.46 Registered Professional Engineer: an engineer licensed in accordance with 12-25-11 CRS. 2.47 Sand Filter: a subsurface system which utilizes filtration or absorption or both, which contains an intermediate layer of sand as filter material. 2.48 Seepage Bed: a type of soil absorption system dependent upon suitable soil at a depth greater than that of an absorption trench or bed. and designed on the basis of sidewall area. 2.49 Seepage Pit: a type of soil absorptio❑ system dependent upon suitable soil at a depth greater than that of an absorption trench or bed, and designed on the basis of a sidewall area. 2.50 Septage: the liquid and solid contents of a primary treatment facility. 2.51 Septic Tank: a water—tight, accessible, covered receptacle designed and constructed to receive sewage from a building sewer, to settle solids from the liquid, to digest organic matter and store digested solids through a period of retention and allow the clarified liquids to discharge to other treatment units for final disposal. 2.52 Serial Distribution: an arrangement of absorption trenches, seepage pits or seepage beds so that effluent is retained in each successive component before flowing into the succeeding component. 2.53 Sewage: a combination of liquid wastes which may include chemicals, house wastes, human excreta, animal or vegetable matter in suspension or solution, and other solids in suspension or solution, and which is discharged from a dwelling, building or other establishment. 2.54 Sewage Treatment Works: a system or facility for treating, neutralizing, stabilizing of sewage, which system or facility has a design capacity to receive more than 2,000 gallons of sewage per day, the disposal of which is by means other than a subsurface absorption system. The term "sewage treatment works" includes appurtenances such as interceptors, collection lines, outfall and outlet sewers, pumping stations, and related equipment. 5 2.55 Site Evaluation: the testing of soils and examination of the location of a proposed 1.S.D.5. to determine the presence of, and limitations imposed by, the field percolation rate, limiting zone(s) , slope, and pertinent ground features; as performed by a competent technician or registered professional engineer. 2.56 Soil Horizon: a distinct layer of soil, gravel, cobbles, or bedrock, separately or in combination, approximately parallel to the soil surface with characteristics produced by soil—forming or geologic processes. 2.57 Soil Profile: the collection of all soil horizons and bedrock, from the surface of the ground to a depth of eight (8) feet or to bedrock, whichever is less, as exposed in a test pit or boring log. 2.58 Stabilization Pond: a reservoir or diked land which receives aeration plant effluent for final treatment or evaporation. 2.59 State Waters: any and all surface and subsurface waters which are contained in or flow in or through this state, except waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distribution systems and all waters withdrawn for use, until all uses and treatment have been completed. 2.60 Suitable Soil: a soil which will effectively filter effluent by removal of organisms and suspended solids before the effluent reaches any highly permeable earth such as joints in bedrock, gravels or very coarse soils and which meets percolation test requirements and has a vertical thickness of at least four feet beneath the bottom of the proposed absorption trench or bed. 2.61 Systems Cleaner: a person engaged in and who holds himself out as a specialist in the cleaning and pumping of sewage disposal systems and removal of the residues deposited in the operation thereof. 2.62 Systems Contractor: a person engaged in and who holds himself out as a specialist in the installation, renovation, and repair of sewage disposal systems. 2.63 Uniformity Coefficient: the quotient of the grain size chat is 40% coarser by weight than itself divided by the grain size which is 90% coarser (effective size) by weight than itself. 2.64 Vault: a water—tight, covered receptacle which is designed to receive and store sewage and is accessible for the periodic removal of its contents. 2.65 Wastewater Pond: a designed pond which receives exclusively wastewater from a first stage treatment unit and which provides an additional degree of treatment. • 2.66 Water Quality Control Commission: the Commission created by 25-8-201, CRS. 6 SECTION 3.3 A(10) is amended to read as follows: 10. Street or road address of the property. SECTION 3.3 B is repealed and re—enacted to read as follows: B. The maximum portion of the lot or building site that can be used for I.S.D.S. shall be twenty—five (25) percent unless a waiver has been obtained and approved by the Board of Health for experimental or water conservation methods. SECTION 3.3 C(4) is repealed and re—enacted to read as follows: 4. Any addition to a structure which will or is likely to result in increased sewage flow to an existing system shall require approval by the Department and may require expansion of the individual sewage disposal system or parts thereof. SECTION 3.4 D is repealed and re—enacted to read as follows: D. The determination of the suitability of the site and of the proposed design based upon the land use and population density in the area; the use to which the property is to be put; the size of the lot; depth verification of the ground water table; suitable soil; limiting zone(s); and depth to bedrock; the location of the disposal system with reference to wells, streams, lake, ditches, structures, and other geographical features. SECTION 3. 10 is repealed and re—enacted to read as follows: 3. 10 If upon final inspection of the system, the Health Officer finds it installed in accordance with these regulations and the permit, the Health Officer shall issue final approval for the completed system. If the system has been designed by or constructed under the supervision of a Registered Professional Engineer, the Department shall require that said • engineer shall at this time certify, in writing to the Department, that construction and installation of the system has been completed in accordance with the terms of the permit and this regulation. If the inspection discloses any significant departure from the description or design of the system as stated in the application and permit, or if any aspect of the system fails to comply with this regulation, approval shall be withheld. Written notice of deficiencies causing the disapproval shall be given the Systems Contractor. Another inspection shall be made upon notification from the Systems Contractor that the deficiencies have been corrected and the system brought into compliance with this regulation. 7 SECTION 3. 17 C is repealed and re—enacted to read as follows: C. No individual sewage disposal system presently in use which does not comply with the provisions of this regulation regarding minimum separation between limiting zone(s) and the bottom of an absorption system shall be permitted to remain in use without compliance with this regulation. SECTION 3.22 is repealed and re—enacted to read as follows: 3.22 Regulations of Systems Cleaners: A. No person shall engage in the cleaning of sewage disposal systems or the transportation off septage to a disposal site unless he holds a valid Systems Cleaner License. Employees of a validly licensed Systems Cleaner shall not be required to be licensed. The initial fee for a Systems Cleaner License shall be as set by separate ordinance by the Board of Weld County Commissioners. Licenses shall expire on December 31 of each year and an annual renewal fee, as set by separate ordinance by the Board of Weld County Commissioners, shall be charged. A license which lapses because of failure to renew or is revoked shall be subject to the fee established for new license upon reapplication. B. Standard of Performance for Systems Cleaners 1. A license holder, when cleaning a septic tank or aeration plant, shall remove the liquid, solids, and scum, leaving no more than three (3) inches depth of septage in a non—backflowing septic tank or aeration plant. In backflowing types of systems cleaning shall be effective in reducing solids and scum to the point of a near new system. 2. A license holder shall maintain his equipment so as to insure _ that no spillage of septage will occur during transportation, and that his employees are not subjected to undue health hazards. 3. A licensed holder shall dispose of the collected septage only by the following methods. a. By disposal in a municipal sewage treatment collection system by agreement and approval of the plant manager or responsible party. b. By disposal at the site designated and recommended by the Board of Health and approved by the Weld County Board of Commissioners. c. By land application if applied in compliance with all of the following requirements. 8 1. The licensed systems cleaner must make arrangements with the land owner to insure that all septage is incorporated into the soil by plowing or disking within twelve (12) hours of the time of application. 2. The licensed systems cleaner must make arrangements with the land owner or farm manager to insure that food chain crops shall not be grown within eighteen (18) months of the last application of septage. 3. Land application and subsequent tillage shall not conflict with regulations regarding the plowing of fragile grasslands. 4. Site requirements for land application. a. Surface slope shall be 0 to 8 percent. b. Septage shall not be applied in drainage areas within one mile upstream of direct diversion of surface water for public water supplies. c. Septage shall not be applied within 200 feet of surface water or an existing stream bed including perennial or intermittent streams. d. Septage shall not be applied within 100 feet of a domestic water supply well. e. Protection of groundwater - the seasonal high ground water table shall not be within five (5) feet of the surface of the land. 5. The licensed systems cleaner shall provide the Department a list of the legal descriptions of all land application sites utilized for disposal. This shall be provided monthly. 4. Prior to the issuance of or renewal of a license, the Health Officer may require the applicant to demonstrate adequate knowlege of 3.22 A, B, C. C. Revocation of a Systems Cleaners License 1. The procedures as described in 3.21 (C) shall be followed for the revocation of a license. 9 SECTION 4.2 TABLE II is repealed and re-enacted to read as follows: 4.2 Minimum distances between components of a sewage disposal system and pertinent ground features shall be as prescribed in Table II. — rY o u— _ -C O 1 *-7i 0 - c o _ _ u• - Absorption Field, Seepage .C -� • .. m uI _ _ .. Bed, Sand Filter Trench, 2 '1'4)2 h e.., h)O o r c _ _ r v m Privy, Slit Trench ` u z v >o 0 C -. J 2 . ti F o . Unlined Subsurface Sdnd -. r Z. C) Filter in Soil with a o ✓, r �Io u+ u, o .+ r •2 — C i4 — N N M1 fV O ^ u v r y _ Percolation Rate Slower ' -� _ m 15 a than 60 minutes per inch ' c _ — 3• C I . . ` m J . c 4-I 0a v _ C/ e i I I J-o _ `o t = Unlined or Partially `• c — _ • is U Lined Evapotranspiration o r. .e-. Iry r 00--I o^ c o y . C VJ System, Stabilization Pondsl —y _ o _- . C Z ° • C ...I .. ., m . o = a --I i� Lined Subsurface (c�o ,n o o r 00 m C • .p II2 r� N N O m m Sand Filter -z . = t C) . F 2,_ ., O I . :-^ C ^J . . 2 C Lined Evapotranspiration. I • c o O r N O o r S2 a c m or Lined Stabilization rod-. �If. '_4 - t . •o I I -etE Pond I • • • .'c--=• _ JJ re :F r W ,-4 N I _ i . c . n^E. L Privy Vault or Vault OIO ry N O O ry .O. ' a J ..J •Q c I M1 F 0 -i ! es o .. N c o •.y N Septic Tanks, Treatment I G 00 V o - - . Jf 5 ^ O O O O Plants or Septic Tank ^IM1 v+ N .+-� _ _ s• m Effluent Lines - .17; E 2 I V V O V V '' O ^ c - CIO Ji 0 0 0 0 O O _� CI Building Sewer �n,^ r. i^ ., n • . C M I I cfo • r • n -a 3 - m I0I _ co m I� ' c V �. o _ _ WA M C -c .', .r J O y Iu c .I VI r. _ • Cs v m 41 c c p w. ,•• • C ' .-( O !u A m 9 y :y :• c' g ECO IO w 9 I . . t, yr c a .�. ' .'. C o. o, 1 '^0 011E - P- o • C O N U m m 9 N O • C ` _ < .r .OM • 4 a m O J E m q O CU V 7 O 3 3 O c, ✓ a m t.., e m c c y -1 a -. u o _ _ C 1] u -iYoncc .cd C . • --- • J -. 04, 4) 7 V ,. .. .-" - ••, . i • ' NwIO GX ✓ ✓ c _Lc w -o N b O ('JI6 N .I .. Q O N y A C: s P • >e C • r > ; 4r r• O . O r C .. PC C t., o - O t; F. ,, Zt V C > Z. 10 r s O A AA u SECTION 4.3 D is repealed and re—enacted to read as follows: D. Calculation The field percolation rate shall be the average rate of the percolation tests after a majority of the percolation test holes exhibit two consecutive identical measurements. A rate faster than five minutes per inch or a rate slower than 60 minutes per inch shall render the location unsuitable for an absorption system. however, with percolation rates faster than five minutes per inch in sandy soils, the percolation rate may be slowed by soil replacement meeting the requirement of 5.4 C4. . The field percolation rate shall be used in calculating the absorption area required for the proposed system. Sites with unsuitable percolation rates shall necessitate additional soil evaluation and design by a Registered Professional Engineer if any absorption area is to be proposed. In no event shall the calculated absorption area be less than that area required for systems with percolation rate of five minutes per inch. SECTION 4.4 is repealed and re—enacted to read as follows: Soil Profile: A test pit or trench for the examination of the soil profile must be provided to a depth of eight (8) feet or to bedrock, whichever is less, to determine conformance with 4.6 of these regulations. A. The test pit shall have minimum horizontal dimensions of three (3) feet in width and six (6) feet in length. B. To allow entry and exit, at least one wall of the test pit shall have a maximum slope of forty—five (45) degrees from horizontal, or a ladder must be provided. SECTION 4.6 is repealed and re—enacted to read as follows: A Suitable Soil Shall Meet the Following Criteria: A. A minimum depth of four (4) feet between the bottom of the proposed absorption field and any limiting zone(s) . B. Has the capacity to adequately disperse the designed effluent loading as determined by a field percolation rate of between five (5) minutes per inch and 60 minutes per inch or by other approved soil tests. ' C. Acts as an effective filter within its depth for the removal of pathogenic organisms. 11 SECTION 5.2 B is repealed and re—enacted to read as follows: B. The building sewer to septic tank shall be laid with a minimum fall of one—eight (1/8) inch per foot (1/4 inch fall per foot is recommended) . Bends in the building sewer shall be limited to forty—five (45) degree ells, or long—sweep quarter bend. The building sewer installation shall meet all of the requirements of the Colorado Technical Plumbing Code, 1972 Revised, or such local Code as may be in force. The inlet and outlet pipes shall be grouted and sealed with waterproof materials. SECTION 5.2 C is repealed and re-enacted to read as follows: C. Backfilling around a septic tank shall be accomplished in a manner to prevent settlement and avoid undue strain on the tank and the pipes entering and leaving the tank. Cast-iron pipe or a minimum of ASTM Standard 3034, PVC SDR 35, or Schedule 40 PVC shall be used for the building sewer and for the septic tank to the head of the leachfield and shall be laid with a minimum fall of one-eighth (1/8) inch per foot. SECTION 5.4 B(2) is repealed and re—enacted to read as follows: 2. Where the ground slope is in excess of 25% in the area of the proposed absorption system. SECTION 5.4 C(5 & 6) are amended to read as follows: 5. The bottom of the trench or bed and distribution lines shall be level. • 6. The absorption field area shall be protected as to prevent vehicular and livestock traffic. SECTION 5.4 D(5) is repealed and re—enacted to read as follows: 5. Outlet lines from the distribution box to the laterals shall be of solid wall pipe for a minimum of five (5) feet. SECTION 5.4 G is amended to read as follows: C. The minimum horizontal distance required from cut banks and fill areas to I.S.D.S. components discharging effluent into or onto the surrounding soil shall be four (4) times the height of the bank, measured from the top edge of the bank (See diagram) . h fT Start trench/bed —J 12 SECTION 5.5 A is repealed and re—enacted to read as follows: 5.5 Absorption Trenches A. At least two trenches of near equal length shall be constructed with a length not exceeding 100 feet; a width not exceeding three (3) feet; and a depth not exceeding three (3) feet to the bottom of the excavated trench from ground level existing at the Site Evaluation. Only one trench will be required if the system required total area does not exceed 200 square feet. There shall be a minimum (horizontal measurement) of six (6) feet of undisturbed earth between adjacent trenches. Any dimensional change from these specifications require approval from the Health Officer. A disposal line shall be provided for each trench and shall be surrounded by clean, washed, graded gravel or rock or similar aggregate. The material nay range in size from three—fourths (3/4) inch to two and a half (21) inches. The material shall extend from at least two (2) inches above the top of the pipe, level across the trench, to at least six (6) inches below the bottom of the pipe. The top of the gravel shall be covered with untreated building paper, a two (2) inch layer of hay or straw, or a similar pervious material to prevent the gravel from becoming clogged by the earth backfill. An impervious covering shall not be used, as this interferes with evapotranspiration at the surface. There shall be at least twelve (12) inches of backfill placed over the trench which shall be graded to promote runoff water from the disposal area. No trees or shrubs shall be placed closer than six (6) feet to the trench. The bottom of the trench shall be excavated level. Four (4) foot depth of suitable soil below the bottom of the trench is required. Machine tamping, rolling or hydraulic compaction of final cover shall not be permitted, however, hand tamping may be allowed where necessary to stabilize the soil to prevent erosion or the intrusion of extraneous water. A distribution box shall be included in the absorption trench system, and shall meet requirements of subsection 5.4 D. Trenches shall follow the ground contour surface so that variations in trench depth shall be minimized. B. Perforated plastic distribution lines of three (3) or four (4) inches diameter shall be fitted with tight joints and the perforations shall be laid such that an even distribution of effluent over the trench system will occur. (Note: each perforated pipe segment shall be so placed that effluent will be equally dispersed _ _.-__doc,nward into the gravel from each row of perforations per segment) . SECTION 5.6 A is repealed and re—enacted to read as follows: 5.6 Seepage Beds A. Seepage beds shall be constructed with a length not exceeding 100 feet, a width greater than three (3) feet and depth not exceeding three (3) feet to the bottom of the excavated bed from ground level existing at the Site Evaluation. Any dimensional change from these specifications requires approval from the Health Officer- A twelve (12) inch layer of three—fourths (3/4) to two and a half (21) inch clean, washed, graded gravel, rock or other similar material shall be distributed evenly and level over the entire bed, with distribution lines set at a depth to insure at least six (6) inches of gravel below and two (2) inches of gravel above each line. A cover of untreated building paper, a two (2) inch layer of straw, or a similar pervious material shall be placed on top of the gravel. After final inspection, backfill shall be placed over the bed to minimum depth of twelve (12) inches. The final cover shall be graded to promote drainage runoff away from the disposal area. In the case of an above ground system, such as a mounded system, an impervious berm shall be constructed to prevent lateral flow of waste discharge outside of the absorption field. No trees or shrubs shall be placed closer than six (6) feet from the system. A four (4) foot depth of suitable soil below the bottom of the bed is required. Machine tamping, rolling or hydraulic compaction of final cover shall not be permitted. However, hand tamping may be allowed where necessary to stabilize the soil co prevent erosion or the intrusion of extraneous water. SECTION 6.4 C is repealed and re—enacted to read as follows: C. The matrix shall be installed with care so that the liner is not perforated. Heavy machinery shall not be permitted to drive over the matrix or the liner. The surface of the matrix shall be convex so as to permit run—off of rainwater and to increase the air turbulence over it. The surface of the matrix shall be provided with sod, or with grass cover, or with any other plants specified by the designer and shall be maintained as designed. The bed area shall be protected as to prevent vehicular, pedestrian, and livestock travel. 14 • e n i {I{ � I I � SECTION 7.2 is amended to include the following as the last sentence in the paragraph. Metal or coated metal vaults are prohibited. 15 APPENDIX 2 is repealed and re-enacted to read as follows: . I - j - ' ; Joo I C a - i I a o 0 0 o u V I b a t3 St I-2 0 - 0 I � , o V t3 I . L 7 I C. c q4 4 - _ e 1 - - _ ��c c - LC I u ' t 0 y o 0J t o 1 p > E a. a — w vr. ' o - E W C _ - V _ _. UN 1 i c r r a _ i CN , - I r: `e r V - t. d c c I - to E - r ` - E c O _n ✓.a. Z c E '- .pw y - -v O N c c LL .. `+ Y. v t - Np • - � c .r;eC _ IC - _ f7 y O. O - _ O A-4 W R' e. _ O N O N U - r .n Q - c L Y CJ O._ cn v C N or,- G) CW E - >, N = N V, COr O Z o n 8 L k ..._ r -'t - 6 W o J JD V a O 0 V G I_ . T � 8fic O to 8 _ 0 - l'. - � � Q ° ; NV J c G. V G O' to o - - V C 4 c - c �_ C c o_ a i W S N t- c O O - - O' Y O J u O - .. [ ^. ^. L C _ u c 0 ro a � _ C ^ c Vfl u N in Dcc V O < 00 2 — i D¢ E , _ .., ri v rf .o 4 SOURCE: EPA Designed Manual for Onsite Wastewater Treatment & Disposal Systems -APPENDIX 2- P . &Ccr h : J ORDINANCE NO. 136-A IN THE MATTER OF REPEALING ORDINANCE NO. 136 AND SETTING THE AMOUNT OF PURCHASES WHICH MUST BE BY WRITTEN SEALED BIDS WITH A TEN-DAY PERIOD FOR CONSIDERATION BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , paragraph 5 of Section 14-9 of Article XIV of the Home Rule Charter for Weld County, Colorado, as amended November 6 , 1984 , provides that written sealed bids and a ten-day period for consideration and investigation of the bids be required for purchases in excess of an amount set annually by the Board of County Commissioners by Ordinance, and WHEREAS, it is necessary that this Board set the limit for the year 1986 to comply with said provision, and WHEREAS, the Board, after consultation with staff, consideration of past bid procedures, and being otherwise fully advised, has determined that all purchases for the year 1986 in excess of $5 ,000 . 00 shall be by written, sealed bid, and bids over $5 ,000 .00 shall be followed by a ten-day period unless waived by this Board. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners in and for the County of Weld, State of Colorado, that all purchases for the year 1986 in excess of $5 ,000.00 shall be by written, sealed bid, and bids over $5 ,000 .00 shall be followed by a ten-day period for consideration and investigation of the bids submitted to determine comparisons of quality and price unless waived by this Board by Resolution for emergency purchases. BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado, that this Ordinance shall take effect January 1 , 1986 . Page 2 RE: ORDINANCE NO. 136-A The above and foregoing Ordinance No. 136-A was, on motion duly made and seconded, adopted by the following vote on the th day of December, A.D. , 1985. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Jacqueline Johnson, Chairman BY: Gene R. Brantner, Pro-Tem Deputy County Clerk APPROVED AS TO FORM: C.W. Kirby Gordon E. Lacy County Attorney • Frank Yamaguchi First Reading: November 25 , 1985 Published: November 27, 1985 , in the Johnstown Breeze Second Reading: December 9 , 1985 Published: December 12 , 1985 , in the Johnstown Breeze Final Reading: December 23 , 1985 Published: December 26 , 1985 , in the Johnstown Breeze Effective: January 1 , 1986 ECond PeQ4 J ORDINANCE NO. 84-E IN THE MATTER OF REPEALING ORDINANCE NO. 84-D AND RE-ENACTING THE SETTING OF FEES FOR SERVICES PROVIDED BY THE WELD COUNTY GOVERNMENT BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO. WHEREAS, the Board of County Commissioners of Weld County, Colorado, has authority under State statute and the Weld County Home Rule Charter to establish certain fees for services provided by the various departments of Weld County Government, and WHEREAS , the Board of County Commissioners of Weld County desires , through this Ordinance, to set fees and charges for rental of the Board' s Chambers, the copying by County of public documents where the fee is not otherwise specified by law, the sale of Weld County road maps , planning and building inspection materials , the taking of fingerprints by the Weld County Sheriff' s Department for individuals, extraordinary research of public records which Weld County Government is not required to perform by law, the performance of weed spraying services , parking fees, recreational vehicle dumping, overnight camping site fees, Clerk to the Board fees , ambulance service fees, and fees for assignment of leases. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that the fee schedule for the rental of the Board' s Chambers and parking fees set forth in Exhibit "A" , a copy of which is attached hereto and incorporated herein by reference, shall be the fees charged by Weld County Government for the rental services and parking services described therein. BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado, that the fee schedule for services provided by the Weld County Ambulance Service set forth in Exhibit "B" , a copy of which is attached hereto and incorporated herein by reference, shall be the fees charged by the Weld County Ambulance Service for services described therein. BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado, that the fee schedule for the missile site park for campsite space and recreational vehicle tank fees set forth in Exhibit "C" , a copy of which is attached hereto and incorporated herein by reference, shall be the fees charged by '' Page 2 RE: ORDINANCE NO. 84-E • • Weld County Government for the campsite and recreational vehicle tank dump services described therein. BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado, that the fee schedule for services provided by Weld County Government for the copying of County or public documents where the fee is not otherwise specified by • law, for the sale of Weld County road maps , for planning and building inspection materials, for the taking of fingerprints by • the Weld County Sheriff ' s Department for individuals, for extraordinary research of public records which Weld County Government is not required to perform by law, for weed spraying services , and fees for the assignment of leases , set forth in Exhibit "D" , a copy of which is attached hereto and incorporated herein by reference, shall be the fees charged by the Weld County Government for the services described therein. BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado, that the fee schedule for Clerk to the Board related services , as set forth in Exhibit "E" , a copy of which is attached hereto and incorporated herein by reference, shall be the fees charged by Weld County Government for the services described therein. BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado, that this Ordinance shall supercede all prior Ordinances and Resolutions concerning fees for the services enumerated in this Ordinance. BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado, that the effective date of said fee schedule shall be January 1 , 1986 , and such fees shall remain in • full force and effect until the Board ordains to change such fees. Pace 3 RE: ORDINANCE NO. 84-E The above and foregoing Ordinance was, on motion duly made and seconded , adopted by the following vote on the th day of December, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Jacqueline Johnson, Chairman BY: Gene R. Brantner, Pro-Tem Deputy County Clerk APPROVED AS TO FORM: C.W. Kirby Gordon E. Lacy County Attorney Frank Yamaguchi FIRST READING: November 25 , 1985 FIRST PUBLICATION: November 27 , 1985 , in the Johnstown Breeze SECOND READING: December 9 , 1985 SECOND PUBLICATION: December 12 , 1985 , in the Johnstown Breeze FINAL READING: December 23 , 1985 FINAL PUBLICATION: December 26 , 1985 , in the Johnstown Breeze EFFECTIVE DATE: January 1 , 1986 EXHIBIT "A" COMMERCIAL RENTAL SCHEDULE Board' s Chamber Room $ 30 . 00 per hour RULES $50. 00 Damage and Cleaning Fee will be applied to rental charges if everything is left in a satisfactory condition. A county employee responsible for the building must be present during weekend events. The employee will be paid $6. 00 per hour by sponsoring group prior to the opening of event. Any County labor provided beyond routine service will be charged on a cost recovery basis determined by the County. Recognized Weld County Government groups shall not be charged the above fees for use for county business. Centennial Center Parking Inside Parking Space Passenger cars/ Pickups/Vans $12 .50 per month Motorcycles 6 .25 per month No charge for employees working shifts 5 : 00 p.m. to 8:00 a.m. EXHIBIT "B" 1986 WELD COUNTY AMBULANCE CHARGES AMBULANCE SERVICES: Base Rate (Routine) $170.00 Base Rate (Emergency) 225.00 Air Life Paramedic Assist 225.00 Paramedic Assist 110.00 Mileage (Round trip miles - Four mile minimum) 2.50 Return Trip 85.00 Standby Ambulance 48.00 Standby Ambulance (Public School ) 30.00 PROFESSIONAL SERVICES: Oxygen 20.00 Cardiac Monitor 30.00 IV Set Up 20.00 IV with Blood Tubing 25.00 IV Solution (Additional ) 10.00 Medications 10.00 Cervical Collar 8.00 Dressing & Bandages 3.00 Quick Cold 3.00 Endotracheal Intubation or Cricothyrotomy 30.00 irrigation Solution 8.00 OB Kit or Burn Kit 50.00 Mast Pants 20.00 Esophageal Airway 20.00 Infant Transport 50.00 Pericardiocentesis 40.00 Tension Pnemothorax Decompression 40 CO EXHIBIT "C" MISSILE SITE PARK Camp site space $2 .00 per night Recreational Vehicle tank dump fee $2 . 00 per recreational tank dump 7 • EXHIBIT "D" Service Provided Fee Established 1 . For the copying of County or public documents where the fee for such copying is not otherwise specified by statute. 50 per copy 2 . For Weld County road maps (regardless of size) . $1 . 00 per map 3 . For the taking of fingerprints by the Weld County Sheriff' s Department $2 . 00 per set 4 . For research of public records not Fee shall be required by law, where the time based on the necessary to perform such research is actual cost of extraordinary (as determined by the labor to Weld Department Head or Elected Official) . County Govern- ment for pro- viding such service. 5 . Weed spraying: Truck with one person $17. 00 per hour Truck with two people $23 .00 per hour plus cost of chemicals. 6 . Copying District Attorney files $2. 00 for search of file and 10G per copy. 7 . Planning and Building Inspection Fee shall be materials actual cost of items plus hand- ling and postage when mailed. 8 . Assignment of Oil and Gas Lease $25 .00 per lease processing cost per assignment. EXHIBIT "E" RATES FOR CLERK TO THE BOARD • TRANSCRIPTS PROM TAPES: $15 . 00/hour for time spent on the transcription with a deposit of three times the clock tine of the tape to be transcribed when transcription is ordered. Fee non-refundable. USE OF RECORDING EQUIPMENT: $10 .00 machine set-up fee plus $2. 00/hour for use of equipment, pro-rated to half-hour segments. CHANGE C:,.-.�.1 CHANGE ORDER NO. #1 DATE: November 4, 1985 PROJECT: Paving and Shouldering of WCR 44 btn WCR 39 and WCR 49 (Approx. 5.0 miles) PROJECT NO. TO (CONTRACTOR) : Frontier Materials 3600 Hwy 52, Erie, CO JUSTIFICATION: Adjustment of Final Quantities to Complete (See attached sheet for individual items) You are directed to make the following chances in the work . All other terms and conditions of the Contract not expressly modified hereby shall remain in full force and effect: Item No_ Description Est. Qty. Unit Unit Cost Amount The original Contract sum was 335,609 70 Net change by previous Change orders $ -0- The Contract Sum prior to this Change Order was $ 335,609.70 The Contract Sum will be (increased) Q & & d) Kiithaf by this Change Order $ 1,340.63 The Contract Sum including this Change Order will be $ 336,950.38 The new Contract Time will be X1ie3(df dX ((diat1M ddb (unchanged) by ( ) Days. The Date of Completion as of the date of this Change Order therefore is _ November 4 , 1985 . ACCEPTED BY: ORDERED BY : FRONTIER MATERIALS THE BOARD OF WELD COUNTY COMMISSIONERS CONTRACTOR 3600 Hwy 52, Erie, CO 80516 P. O_ Box 758 Address Address '4/« Greeley, Colorado 80632 By Y � B (� -"�� 11ai an o he Board Date f' /7 �✓.� Date j,3 • 9- cc. mEmoRAnDum Jackie Johnson, Chairman To Weld County Commissioners Dee December 6, 1985 Ctit— f✓i3 COLORADO From Walter J. Speckman, Executive Director, Human Resources Subject: JTPA Discretionary Grants Enclosed for Board approval are two (2) grant applications for Job Training Partnership Act (JTPA) Discretionary funds. The two (2) grant applications are described below: 1. Seniors Serving Industry: This is an application for older worker training monies in the amount of $47,500. The request is a continuation of the current grant. The Area Agency on Aging (AAA) Board discussed the grant application and made recommendations that are incorporated in the Program Year 1985 request. This is a competitive grant, however, only Service Delivery Areas that coordinate with AAAs are eligible to apply for the monies. If funded, the program year would run from July 1, 1986 through June 30, 1987. 2. Identification and Intervention Program for Educational Discontinuers: This is a coordinated grant application between School District 6 and Human Resources. School District 6 is proposing to devise an automated characteristic profile that would provide early identification of potential school drop-outs. It is hoped that by identifying the potential drcp-out a special alternative education program could be developed for the youth and the youth would remain in school . School District 6 is requesting $43,623 be made available from the State Board of Community Colleges to fund this project. If funded, the program year would run. from January 1, 1986 through December 31, 1987. Both grant applications were presented to the Private Industry Council 's Program Oversight Committee on December 5, 1985. The committee recommended both projects be submitted. If you have any questions regarding the enclosed grant applications, please fee free to contact me. December 6, 1985 To: Clerk To The Board Fr: Karen L. Reser, Human Resources; Re: JTPA Discretionary Grants Attached are two seperate grants/five copies each. Please return four copies of each grant to Human Resources. You nay want to file your copies under the following: EODS/JTPA SSI Discretionary Grant - 3% EODS/JTPA 8% Voc Ed. Discretionary Grant If you have any questions regarding the two grants, please do not hesitate to contact me. • NONNI SDA: Weld County Division of Human Resources P.O. Box 1805 Greeley, Colorado 80632 (303) 353-0540 I. Title of Funds: Older Worker/3% Discretionary Funds Program Year 1985 II. Period of Performance: 07/01/86 - 06/30/87 III. Project Title: Seniors Serving Industry IV. Scope of Work: A. Abstract The Weld County Division of Human Resources is applying for PY'85 Older-Worker/3% Discretionary Funding to continue and expand the training activities funded from this source in PY'84. The umbrella structure of the Division of Human Resources has united the Service Delivery Area (SDA) with the Area Agency on. Aging (AAA) under an innovative single administration. By • administratively combining the two programs, the resources and expertise needed in planning and delivering services to Weld County seniors is accomplished in a cost efficient manner. The Seniors Serving Industry Program is a cooperative venture between the Service Delivery Area (SDA) and the Weld County Area Agency on Aging (AAA). The program was designed to assist older workers in overcoming some of the barriers they face due to the prevalence of age discrimination in industry. For three (3) years, the Seniors Serving Industry Program has been the focus of all planning and resource coordination by Human Resources for training, job referral , and placement activities for Weld County area older workers. Since 1983, the Seniors Serving Industry Program has placed 222 of the 410 older worker applicants in part time or full time jobs. With the award of $23,300 under the JTPA PY'84 discretionary monies, the Seniors Serving Industry Program has been able to expand the program to meet needs of older workers which go beyond counseling, referral , and job placement activities. B. Accomplishments To date, the following activities have occurred: 1. Three (3) , four (4) week Job Club sessions have been held with a total of 34 older workers attending the sessions. • The Job Club curriculum and sessions have consisted of training in filling out applications, forms, writing resumes, interviewing techniques, determining marketable skills, and how to handle the age discrimination barriers that an older worker may sometimes encounters. Feedback from participants has been very positive and several participants maintain that the Job Club was instrumental in giving them the skills they needed to successfully interview and become hired on a job. 2. A 40 hour Security Guard Training Course was completed by two (2) older workers. 3. A typing refresher course for six (6) older workers is currently in progress at Aims Community College. The older workers are being introduced to and trained on the latest typing equipment. C. Analysis of Need An updated analysis of the client records that are available from the Division of Human Resources Seniors Serving Industry Program, shows that the areas of need for the older worker applicants is unchanged. The areas of need are: 1. Older workers, generally women, who have suddenly found themselves in an economic crisis due to loss of a spouse. These women or displaced homemakers generally have few marketable skills. 2. Older workers, generally retired men, whose work experience has been with jobs demanding hard physical labor and who are not able to continue working at strenuous jobs for health reasons. 3. Older workers, mainly women, who know the basics of a profession or trade, but are difficult to place due to outdated job skills. 4. Older workers between the ages of 55-60, who have been laid-off due to current economic conditions, have no retirement benefits and need full time work as quickly as possible. 2 5. Older workers who because of working at a series of many low paying, unskilled jobs most of their adult life, need extensive counseling and retraining. Training programs will be designed to meet the five (5) areas of need for older workers in Weld County. D. Grant Recipient The Weld County Commissioners will be the grant recipient and the Division of Human Resources (which is the Service Delivery Area (SDA) and the Area Agency on Aging (AAA)) will administer the proposed program. Coordination, planning and delivery of the program will be accomplished under one administrative structure. The principal goal of Human Resources is to provide comprehensive services to the entire age spectrum of clients in a coordinated and efficient manner. E. Employment Opportunities for Target Population The Seniors Serving Industry Program of Human Resources is the first and only existing effort that has ever been made to address the employment needs of older workers in Weld County. The AAA took the lead in 1980 while developing a three (3) year operational plan by adopting as a major goal the concern of employment for older workers. In establishing this goal , the AAA hoped to focus on the resources that older workers have to offer the community while at the same time helping seniors meet some or their serious growing economic needs. Subsequently, the AAA staff began working with the 5DA' s Employment Opportunities Delivery System (EODS) staff to look at ways that resources from each of these programs could be pooled to develop an identifiable employment program for older workers. The result was the establishment of the Seniors Serving Industry Program. Both the Private Industry Council and the AAA Advisory Board were actively involved in initiating and establishing guidelines for the program. These councils have equal advisory status to the Weld County Commissioners and are served mutually by Human Resources staff from the Aging and Employment divisions respectively. The Private Industry Council and the AAA Advisory Board's continued input into the coordination and program service delivery have enabled the program to follow a successful course. The councils' involvement in PY'85 will increase. 3 F. Goals and Objectives The SDA and AAA are seeking funding from JTPA Older Wcrker 3% Discretionary Funds in order to promote employment opportunities for older workers. Human Resources' believes older workers are entitled to as much financial independence and satisfaction from meaningful work as any other person. Also, it is realized that with increased employment opportunities for the older worker, the pressure may ease on federal , state, and community assistance programs that normally are needed when individuals are facing an economic crisis. By providing the training that will allow older workers to be productive (at least until retirement age and longer if they so desire) , the older worker is then capable of working towards an adequate retirement income. To that end, the following goals and objectives are stated to guide the Seniors Serving Industry Program and the proposed project under this application. Goal #1 Increase awareness of the Seniors Serving Industry Program with the community at large and private sector employers and older workers. Objective To expand public relation activities to include radio announcements, cable TV advertisements, newspaper inserts, employer luncheons and Greeley Chamber of Commerce newsletters and/or functions. Methodology During PY'84, speakers were sent to civic organizations to inform the members of the opportunities available for employers and the older worker. In PY'85, the public relation activities must expand beyond the realm of civic organizations and target those employers and older workers who are not involved in clubs and other such functions. In order to initiate the expanded marketing effort, the Greeley Chamber of Commerce will be approached to disseminate to the business community information regarding the program's activities and the opportunities available to employers. Once the initial notification has been completed, the Chamber will be engaged to develop and solicit job openings for the Seniors Serving Industry Program. 4 The local radio stations will be approached to offer air time for announcements regarding the older worker program. Every effort will be made to utilize the public service announcement process, however, buying commercial airwave time will also be an alternative that may be used. The Greeley cable TV network sponsors numerous activities on the local Greeley TV channel . Consulting with the network staff and formulating the most advantageous marketing strategies will result in a TV advertising campaign. Buying commercial airwave time may be an option that is exercised in this campaign. A professionally typeset insert for inclusion in local newspapers throughout Weld County will be prepared. The special insert will be updated, published, and inserted in the newspapers on a quarterly basis. All marketing efforts for PY'85 will be geared to the older workers and the prospective employers. Naturally, the Private Industry Council and the Weld County Area Agency on Aging Advisory Board will utilize the expertise of several committee members in order to guide the public relations activities in the desired direction. Goal #2 Increase the employability of the target 55 and older age croup through employment and training programs. Objectives . To continue the monthly job club for older workers in coordination with the Employment Opportunities Delivery System (EODS) comprehensive Job Club Program. . To continue the additional component to the monthly job club that serves as a regularly scheduled support group for those older workers who find they need additional support and counseling while job seeking. . To provide additional educational skills to the older worker to enhance the job prospects for the individual . . To provide the older worker additional hands-on training in order to modernize their existing skills. . To expand the opportunities for educational skills and classroom training to southern Weld County older workers. 5 Methodology The monthly Job Club will be continued. The Job Club will continue to be available to any older worker who is registered with the Seniors Serving Industry Program. The Job Club sessions which are conducted at Human Resources will continue to have an older worker as the instructor. The Job Club's support group will be continued. The Industry Responsive Training which was initiated in PY'84 will continue to operate. This training will be customized to the employer and the older worker. Training will continue to be offered in the areas of secretarial and security guard. The AAA Advisory Board has recommend the PY'85 training expand into the areas noted below. Based on the Board's recommendations, the following training will be incorporated into the program: . Word Processing . Small Appliance Repair . Handyman Service Training activities may include but are not limited to the following: . On-The-Job Training . Remedial Education . Basic Skills Training . Work Experience . Vocational Training . Training Programs Operated by Private Sector . Customized Training In PY'85, expanded classroom training opportunities will be made available to the older worker. Per the AAA Advisory Board, these training opportunities will include but are not limited to the following areas: . Real Estate . Insurance 6 . How to Establish a Consulting Business . GED . Developmental Reading . Accounting . Business Information Systems In an effort to involve the older workers in._the catchment areas of Platteville, Keenesburg, Fort Lupton, Hudson, Dacono, Firestone, and Frederick, the training programs will be offered at the Aims Community College south campus, located in Fort Lupton. It is expected that coordination with the south campus possibly will make training accessible to a large group of seniors who would find it very inconvenient or financially prohibitive to commute the 65 mile round trip to the Greeley campus. V. Budget: Total : 347,500 See Attachments 1, 2, and 3 VI. Special Conditions: A. Financial and Programmatic Monitoring Financial and programmatic monitoring according to JTPA rules and regulations, including JTPA letters issued by the Governor's Job Training Office (GJTO) shall be conducted on a quarterly basis, under the direction of the Weld County SDA, by both the Weld County Area Agency on Aging and the Weld County Private Industry Council Subcommittee associated with this project. A quarterly report will be given to GJTO in the format requested by GJTO. B. GJTO Management Information System (MIS) Reporting Requirement Compliance The Weld County SDA shall report the project activities through its MIS. In addition, the SDA shall be responsible for maintaining an application, all eligibility certification information and client tracking records on each client. The transmission of the client characteristic information will be done via tape input into the GJTO automated network and/or via paper exchange of participants social security numbers and names. 7 Weld County will follow the agreed upon definitions for completions: Unsuccessful : Participants that terminate from the program without having completed the training or entering an unsubsidized job. Successful : Participants that complete training. Entered Unsubsidized Employment: Participants who receive unsubsidized employment. C. Eligibility Certification of Participants The Weld County SDA shall certify each participant's eligibility at the time of the application. The procedures identified in the SDA's Title II-A Job Training Plan regarding recordkeeping will apply to this program. D. Assumption of Audit Responsibility and Liability The Weld County Division of Human Resources shall assume all audit responsibility and liability. E. Equipment Funding for equipment does not authorize the SDA to purchase the equipment without complying with property management procedures identified in JTPA Letter #84-23. F. Attachments Incor orated into This Conce t Pa er/Ex enditure Aut orization Attachment 1 - Budget Page Attachment 2 - Match Budget Attachment 3 - Budget Explanation Sheet Attachment 4 - PY'85 JTPA Training Programs for Older Workers Signature Page Attachment 5 - Signature Page • Attachment 1 Contractor: Weld County SDA Title: Seniors Serving. Industry Address: P.O. Box 1805 Contract dates: 7/1/86 - 6/30/87 Greeley, Colorado 80632 BUDGET SUMMARY LINE ITEM ADMIX COORDINATION PARTICIPANT TRAINING TOTAL PERSONNEL $ 3,524 $ 19,572 $ 23,096 OPERATING EXPENSE 1,582 $ 4,750 - 18,072 24,404 r OPERATING 1'582 4,750 18,072 24,404 EXPENSE TOTAL TRAVEL -0- -0- -0- -0- PER DIEM INSTATE TRAVEL TOTAL -0- -0- -0- -0_I EQUIPMENT -0- -0- -0- -0- TOTAL BUDGET $ 5,106 I $ 4,750 I $ 37,644 PERCENT 10.75% 10% 79.25% L 100%, 9 Attachment 2 MATCH BUDGET* SOURCE , 1. Per GJTO, no match is required for Older Worker/3% funds. 2. • 3. 4. 5. TOTAL I certify that the above mentioned sources of match are available and can be used to comply with the Job Training Partnership Act provisions for match. Authorized Signatory Gene -Brant°ney Chairman r":cte::j Weld County Board of Commissioners *For 8% and Title III projects 10 . Attachment 4 P7. 85 JTPA Training Programs for Older Workers Signature Page The following signatories have been actively involyed in the planning process for the proposal submitted here. c_ Delivery Area Director Wal r J. Speckman, Executive Director Wel ounty Division of Human Resources Agency on Aging Linda E. Piper, Director Weld County Area Agency on Aging • letatel 141'7 f tc out iUa r Title V Prof Director Paul Nottage, Area Supervisor Title V 12 ammammmmmma Attachment 5 Concept Paper/Expenditure Authorization Signature Page Type of Funds Older Worker - 3% Funds • Time Period 7/1/86 to 6/30/87 SDA Weld County SDA P.O. Box 1805 Greeley, Colorado 80632 This agreement has been reviewed and approved by the following, and will be incorporated 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. SDA - Local Elected Official(s) Chairman - Gene- Branthier---iS 10 � kFL12/09/85 Title Name Signature Date PIC - Chair Chairman Mike Geile 12/09/85 Title Name Signature Date 'GJTO Signature Title Name Signature Date • 13 Industry Responsive Training Cover Page Name of LEA Bidder: Weld County School District 6 Address: 811 15th Street Greeley, Colorado 80631 Contact Person: Dr. William Mitchell , Superintendent Phone #: 352-1543 Name of SDA Bidder: Weld County Division of Human Resources Address: P.O. Box 1805 Greeley, Colorado 80632 Contact Person: Judy A. Griego, Director Phone #: 353-0540 Program Title: Identification and Intervention Program for Educational Discontinuers Total Dollars Requested: $43,623 The following proposal represents a coordinated effort between the above named LEA and SDA and is intended to improve the availability, accessibility, and quality of services needed by JTPA eligible and other individuals to prepare them for employment 12/09/85 Sig f LEA Vocational Director Date 12/09/85 ignature of A - Local Elected OtirETIT at'em 12/09/85 Signature of PIC Chairperson Date • Industry Responsive Training Pro oral A. Statement of Need: Educational alternative programs are programs designated to meet the needs of students who are disruptive or are as a rule unsuccessful in a normal school environment. Such programs conducted in one or more of the following forms: 1. Learning centers which specialize in subject areas such as occupational skills, communication, the performing arts, etc. The students may attend on either a full-time or part-time basis. 2. Crisis intervention centers and in-school suspension programs which provide a temporary intervention program for students who experience difficulty in the normal classroom environment. These difficulties are usually the result of behavioral problems and teachers who are unable to provide an appropriate education program. 3. Any other alternative to suspension or expulsion approved by the district school board. A public education is a right of the alternative education student. All alternative services which t students are willentitle enableto receive hap Priate educat opportunity. to have full equality of opp Y- In order to assist in the early identification of students who are potential discontinuers for alternative education, an automated system to determine a characteristic profile of those students must be developed. The goal of this project will be to establish the technological collaboration of isolated data which will produce early identification of potential school discontinuers. The ability to identify a student early in their educational career will enable a school district to direct the student towards an educational experience that will provide the educational and/or occupational skills needed to assist in keeping the student in-school . Modification of the school ' s curriculum to fit the student's needs is also a direct outgrowth of early identification of educational difficulties. A student tailored curriculum may be the answer to keep the discontinuer in school . 2 In order to reach the goal for alternative education (which is to effect a positive change in the student's affective and cognitive behavior so that the student may return successfully to the regular instructional program as soon as possible), a method of documenting and identifying the student "up-front" must be devised. A student is currently considered for special programs in alternative education if they meet one of the following criteria: 1. adjudicated by the court and, upon being adjudicated is remanded to a detention facility within the school district, or 2. placed in a community facility for delinquency or drug abuse, or 3. enrolled in the public schools and exhibiting one or more of the following: student shows a profile of consistent behavior that results in frequent conflicts or a disruptive nature with other students or staff members . student's negative behavior is general and not limited to 1 class, 1 teacher or an isolated situation. . student exhibits behavior which persistently interferes with the student's own learning or the education process of others and which requires attention and help beyond that which the regular instructional program can provide. . student's academic progress is unsatisfactory and the effort to provide assistance is rejected or ineffective, . student's achievement test scores are unsatisfactory and below the achievement level of other students who are in the same age group. The establishment of instructional programs for alternative education students is based upon the recognition that: 1. There are wide deviations or differences among students in their physical , mental , emotional and social needs. 2. All persons are unique social beings of varying backgrounds who must learn to adjust to a changing world. 3. Individual differences in abilities and readiness for learning must be recognized. 3 " .4 4. Respect for the dignity of each individual implies responsibility for the welfare of our fellow citizens. The alternative education student should not be separated from his peer group unnecessarily, but the instructional program must differ to fully meet the educational needs of students who deviate from the average to the extent that they require alternative education to develop their maximum potential . Students discontinuing in their educational process is a wide spread problem within School District 6. In 1980, the drop-out rate was 9% of the total student body. In 1985, 11% of the entire enrollment in School District 6 has already dropped out. There does not presently exist a method to identify who those potential drop-out students could be before the actual drop-out occurs. Special programs that need to be developed for the school discontinuer in order to encourage their continued enrollment in school are not being developed. If these specialized programs to address discontinuation in school are to be offered then a method of early identification must be developed as well . A method of identifying the student could forewarn school officials that an alternative education program for the youth was needed. The development of an automated characteristic profile (which does not exist within any school system in Colorado) will assist the school officials in effective planning and curriculum development. This cooperative and coordinated effort between the LEA and SDA may assist in reducing the school drop-out rate in Weld County. B. Goals/Objectives/Methodology: The goals of this project are: Goal #1 To establish a technological collaboration of isolated data producing early identification of potential school discontinuers. Objective #1 To identify the data to be used in order to facilitate the modification of existing curriculum and delivery methods. Methodology It will be necessary to merge and subsequently automate and input the data from the following School District 6 files 4 in order to assist in the identification of the student discontinuer: . Existing Files (Which Include) Attendance Student Audit Trail Standardized Test File CRT File Student Data File Grades File Special Programs Identifier File . Potential Files (Which Include) Disciplinary Action File Survey Files Drug Dependency School Attitudes Extra Curricular Involvement Social Services Data File Medical Information File Vocational Training File When such information becomes available in one place, the following potential data can be used for early identifica- tion of the school discontinuer: • Attendance . Mobility . Standardized Test Performance • Grades . Ethnic Group . Family Status . Special Programs Data • Disciplinary Action . Age . Sex • Economically Disadvantaged . Retention . Medical Information Until all of the above files have been merged and the data compared, a profile of the student who is currently fitting into the discontinuer mold will not be known. Only when the discontinuer data is revealed will a direction for the school systems to use in order to fight this problem be made available. Goal #2 To direct the identified student's interest towards alternative educational experiences providing educational and/or occupa- tional skills and the modification of the curriculum. 5 Ob'ece#1 To utilize the data which has been collected in order to direct students into occupational skills training programs which meet their needs. Methodology The instructional program will represent a team effort directed by the school district' s division of instruction and involving school/non-school personnel . Auxiliary services and community agencies will be involved as an integral part of program planning from implementation. Teaching strategies such as behavior management, group interaction and reality therapy may be utilized. Students will be encouraged to improve their behavior in small steps and will be given positive reinforcement to increase the number of successes. Emphasis will be on a highly structured, task oriented approach to learning. The schools will be able to utilize career interest surveys in cooperation with the intervention data that has been previously gathered in order to identify a direction for job development and job placement. Objective #2 To produce the cohesiveness that is necessary so that the rural schools may also benefit from this project. Methodology_ The following issues must be answered by December 31, 1986, by the rural school superintendents: . Compatibility of Computer Systems . Data Items Identified and Uniformly Reported . Confidentiality of Records . Age and Grade Student Will Be Identified . Alternative Education Programs That Are Easily Duplicated . On-Going Maintenance of Data System This particular project is meant to be duplicated with all the school districts who desire to participate in the program and will assist in the maintenance of the data for their own school system. 6 C. Coordination and Functional Responsibilities: The Weld County Commissioners will be the grant recipient and the Division of Human Resources (which is the Service Delivery Area) will administer the proposed program. The SDA will be responsible for the following: 1. Eligibility Determination 2. Maintenance of Documentation 3. Maintenance of Management Information System 4. Provision of Employment and Training Programs 5. Job Placement School District 6 will provide the following during the development of this project and the data system: 1. Screening of Students 2. Assessment 3. Employability Plan 4. Development of Automated Identification System and Input Data (some of the data to be utilized to develop the profile includes but is not limited to the following): . Teacher Observations . Educational History . Intervention Strategies . Conference Results . Report of Staffing Team . General Information such as case history information, supportive services used, etc. 5. Educational Alternative Program 6. Revision of School Curriculum 7. Provision of Student Profile Data to SDA 8. Distribution of Automated System to Other Weld County School Districts 7 D. Scope of Work: See Methodology, Section C, Pages 4,5, and 6. E. Evaluation: The Private Industry Council will monitor the project on a quarterly basis. The SDA will prepare a quarterly report which will be provided to the State Board of Community Colleges and Occupational Education (SBCCOE). The final evaluation of the program will be addressed by the Private Industry Council in the annual report that encompasses the time period of January 1, 1986, through December 31, 1986. For future consideration, the effectiveness of the project's data collection system and the alternative educational experiences provided to eligible clients will be tested. . Objective To have School District 6 identify a minimum of 15 students who are identified as potential school discontinuers. . Proposed Methodology The students identified will be enrolled in an alternative educational experience. As a part of the youth's alternative educational experience, the youth will be enrolled in the Job Training Partnership Act's Title II-A Program. Enrollment in the SDA's youth program will involve the youth in a coordinated system of education and employment and training. The youth will be educated via the alternative educational experience to possess the basic academic qualifications needed to obtain and hold down a job. Methods to be used to adjust the teaching strategy to the specific youth's needs were identified in Goal #2, Objective #1. The youth will be trained in work ethics, work maturity, and work skills as well as PIC recognized competencies when they are enrolled in the SDA's Title II-A Program. 8 The PIC has determined that the following training activities will be offered to the youth enrolled in this project: . On-The-Job Training . Basic Skills Training . Work Experience . Vocational Training . Training Programs Operated by the Private Sector . Customized Training The PIC also recognizes that it is important to offer these activities in conjunction with each other so that the youth may achieve a well rounded experience. Therefore, any of the above identified activities may be coupled with another in crder to achieve the comprehensive employment and training needed. The youth enrolled in the project will receive the appropriate remuneration for their efforts. The SDA will provide payment to the youth via the Title II-A Program. These training dollars will be utilized as match dollars. The employment and training portion of this project will commence in October, 1986, and operate in an experimental mode. An analysis of the experimental program would be made after December 31, 1986. Based on the analysis, the LEA and SDA will make their recommendations for the project's continuation. Recommendations for needed project modifications will also be made at that time. In order for the project expenditures to be considered successful , the LEA and SDA recommend that 45% of all youth enrolled will complete the alternative education experience and employment and training and be placed into an unsubsidized job. F. Budget: Total : $43,623 See Attachments 1, 2, and 3 G. Special Conditions: 1. Financial and Programmatic Monitoring 9 Financial and programmatic monitoring according to JTPA and SBCCOE rules and regulations shall be conducted on a quarterly basis, under the direction of the Weld County SDA and in conjunction with School District 6. A quarterly report will be given to the SBCCOE and GJTO in the format requested by both entities. 2. GJTO Management Information System (MIS) Reporting Requirement Compliance The Weld County SDA shall report the project activities through its MIS. The SDA assumes the responsibility for collecting and reporting participant and program activity data. The entire eligibility process utilized is approved by the Governor's Job Training Office (GJTO). The LEA assumes responsibility for submitting the VE-135 Student Accountability Data Tool on all participants in the occupational skills training. 3. Assumption of Audit Responsibility and Liability The Weld County Division of Human Resources shall assume all audit responsibility and liability. The Weld County Division of Human Resources has completed the required assurance statements and they are on file with GJTO. 4. Equipment Funding for equipment does not authorize the SDA to purchase the equipment without complying with property management procedures as identified by SBCCOE. 5. Attachments Incorporated into This Concept Paper/Expenditure Authorization Attachment 1 - Budget Attachment 2 - Match Budget (2 Pages) Attachment 3 - Personnel and Equipment Needs 10 • Attachment 1 BudQ^^t. Sheet iEA SOR TOTAL Local Requested Local Requested Contribution in Proposal Contribution in Proposal I. Training Costs A. Personnel $ 9,801 $20,982 $10,149 $40,932 1 . Salary $ 8,564 $18,044 $ 9,179 35,787 2. Fringe $ 1,237 $ 2,938 $ 970 $ 5,145 3. Insurance B. Materials C. Supplies $ 1,100 $ 1,100 D. Equipment $19,360 $22,641 $42,001 E. Participant $ 3,213 $ 3,213 Wages and Stipends F. Other II. Participant Support A. Child Care B. Transportation C. Other III. Administration �.• TOTAL $30,261 $43,623 $13,362 $87,246 11 Attachment 2 Page 1 of 2 MATCH BUDGET* SOURCE AMOUNT 1. School District 6 - LEA $30,261 2. Weld County Division of Human_ Resources - SDA 13.362 3. 4. 5. TOTAL $43,623 I certify that the above mentioned sources of match are available and can be used to comply with the Job Training Partnership Act provisions for match. Set &ease-- • Wi i::m , Supe inters ert n rr)te7 School District 6 Weld County Board of Commissioners *For 8% and Title III Projects 12 Attachment 3 Page 2 of 2 Match Budget In-Kind Contribution Weld County School District 6 - LEA SOURCE AMOUNT 1. Sperry System 80 CPU time @$200/hr. - 5% of 8 hr day - System Use 242/365 days $19,360 2. Sperry System 80 Training for Programmer 20% of District Programmer's Time $ 3,780 3. Educational Data System Supervisor at 10% $ 4,200 4. Educational Data System Clerical Help at 3% $ 313 5. Legal Advise Re: Confidentiality $ 271 6. Computer Supplies and Forms $ 1,100 7. Fringe Benefits for Above Staff $ 1,237 Total $30,261 Weld County Division f Human Resources - SDA SOURCE AMOUNT 1. Participant Wages/Incentives $ 3,000 2. Fringe for Participants $ 213 3. Youth Program Coordinator at 30% of Time $ 4,579 4. Youth Employment Technician at 30% of Time $ 4,600 5. Fringe for Above Staff $ 970 Total $13,362 GRAND TOTAL $43,623 13 Attachment 3 PERSONNEL AND EQUIPMENT NEEDS A. Personnel Amount Programmer $18,044 Fringe for Programmer (to include FICA Insurance, etc. ) 2,938 Total $20,982 B. Equipment Amount Equipment for Sperry System 80 Development Fixed Media Drive $ 5,525 Head Disk Assembly 2,912 Equipment for P.C. System Development PC/IT Expanded Unit 6,704 Career Interest Survey Software (NCS) 7,500 Total $22,641 C. GRAND TOTAL $43,623 14 I reitng mEmoRAnDum WINGJackie Johnson, Chairman To Weld County Commissioners Date December 6, 1985 1 ,77--e • COLORADO From Walter J. Speckman, Executive Director, Human Resources L subject: Engagement Letter for Auditor Services Enclosed for Board approval is the engagement letter with the auditing firm of Dollarhide and Schwartz. Dollarhide and Schwartz will provide the required auditing service for all Human Resources grants for a total of $25,950.00. If you have any questions regarding the enclosed engagement letter, please contact me immediately. December 6, 1985 To: Clerk To The Board Fr: Karen L. Reser, Human Resource Re: Engagement Letter for Auditin vices Attached are three original signature copies of the engagement, letter. Please return two copies to Human Resources. You may want to file your copy in a file labeled audit. If you have any questions, please contact me. • �� DOLLARHIDE & SCHWARTZ CERTIFED PUBLIC ACCOUNTANTS P.O.BOX 310 . 1122 9th STREET•SUITE 102 DAR�Y'V E 5CywF.?'Z C s< GREEIEY.COLORADO 80632 JOHN C.DCLURL:DE C P A (303)352-7497 °PENT L..CRT.SEP.C P A October 9, 1985 Donald D. Warden Weld County Colorado Greeley, Colorado This letter is to explain our understanding of the arrangements for the services we are to perform for Weld County, Colorado in connection with federal and state grants for the year ending December 31 , 1985 . Our examinations will include grants of the following agencies : Department of Labor, Department of Health and Human Services , Area Agency on Aging, Department of Agriculture, and the Department of Treasury. We will perform examinations to determine whether the financial statements of the aforementioned grants of Weld County as of December 31 , 1985 present fairly the financial position and the results of operations in accordance with generally accepted accounting principles and whether Weld County has complied with laws and regulations that may have material effect upon those financial statements . Our examinations will be made in accordance with generally accepted auditing standards and attachment P - audit requirements and will include such tests of the County ' s accounting records and other audit procedures as we deem necessary in the circumstances . They will not include a detailed audit of all transactions and are not designed to discover all defalcations , irregularities or illegal acts should any exist. As a result of our examination we will report to you any material weaknesses in the system of internal accounting control that we observe . We will try to initiate ideas or observations that we believe will help achieve the objectives of the County.. We will also be pleased to respond to inquiries you might have about financial or other business matters . To help us proceed as efficiently as possible , we understand the personnel of the County will be available to assist us in the preparation of schedules and analysis of accounts . Additionally, we contemplate assistance in locating and submitting to us invoices , vouchers , canceled checks and other documents and records which we may request . Donald D . Warden October 9, 1985 Page Two Our fees are based on the time required by the individuals assigned to the engagement , plus direct expenses . Individual hourly rates vary according to the degree of responsibility involved and the skill required , as outlined in paragraph 7 . 2 in the agreement between Weld County and Dollarhide & Schwartz providing for an audit of ' County' records . Interim billings will be submitted as work progresses and as expenses are incurred . We will make every effort to keep our time to a minimum consistent with the engagement requirements . If unusual circumstances arise which would substantially increase the normal audit time , we will consult with you and furnish an analysis and reasons therefore . Billings are due upon submission . If you intend to publish or otherwise reproduce the financial statements and make reference to our Firm name , you agree to provide us with printers ' proofs or masters for our review and approval before printing . You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed . We are pleased to serve as your independent Certified Public Accountant and look forward to a continuing relationship. If the above terms are acceptable to you and the services are in accordance with your requirements , please sign and return the copy of this letter . Sincerely, DOLLARHIDE & SCHWARTZ gLec1&LJ John C. Dol1arhide, C. P.A. The services described in the foregoing letter are in accordance with our requirements . The terms described in the letter are acceptable to us and are hereby agreed to. Accepted this 9th day of December , 1985 . �J z COUNTY OF WELD, COLORADO Byte �;12Pes By Gene R._ . Brantner: , Chairman rre:em Donald D. Warden Board of County Co fission rs Director of Finance and ` ,, z�Un ; Administration ATTEST : Weld County Clerk and Recorder and Clerk to the Board By� may_ f'r�vm-c.v� � � et� a to J. Speckman Execu ive Director Department of Human Resources WELD COUNTY, COLORADO HUMAN RESOURCES DEPARTMENT TIME AND BUDGET ANALYSIS Year Ended December 31 , 1985 BUDGET Hours Fees • GRANTS DOL Grants Job Service 26.00 $ 1 ,215 .00 JTPA II-A (Basic) 24.00 1 ,065.00 JTPA II-B ( Summer Youth) 23 .00 1 , 065 .00 Other JTPA Grants 36 .00 1 , 735 .00 X09 . 00 $ 5,080.00 Head Start Basic 39 . 00 $ 1 ,830 .00 Handicap 1.1 .00 490.00 T & TA 11 . 00 490.00 61 .00 $ 2 ,810.00 Migrant Head Start 51 . 00 $ 2, 505.00 CSBG 15 .00 $ 745 .00 USDA Supplemental Foods 41 .00 $ 1 ,900.00 DOE Weatherization 5.00 $ 260. 00 Area Agency on Aging Senior Nutrition Congregate 25 .00 $ 1 ,277 .00 Senior Nutrition Home Delivered 26 . 00 1 , 368.00 Programmatic 17 .00 870.00 Administration 26.00 1 , 345.00 94.00 $ 4,860.00 Annual Audit Services General 155 .00 $ 6, 755 .00 Internal Control 11 .00 495.00 Property & Equipment 12 . 00 540.00 T78.00 $ 7 , 790 . 00 554.00 $25,950.00 AR2034586 DEPARTMENT OF PLANNING SERVICES SUBDIVISION EXEMPTION ADMINISTRATIVE REVIEW Applicant: Joe Seewald Case IFSE-255 cv 0 U Legal Description: Pt. Ni SW} of Section 31, T3Y, R68W of the 6th P.M. , Weld County, Colorado. o U Criteria Checklist w Meets Criteria o o � o x Yes No NA Vi w 0 X 1. The proposal is consistent with the policies O of the Weld County Comprehensive Plan. U o cc X 2. The boundary change or temporary use location which would be allowed on the subject property - x by granting the request will be compatible with the surrounding land uses. mU X 3. In those instances when used pursuant to o H Section 9-3 B. (2) of the Weld County Subdivision Regulations, the request is the best alternative to dispose of existing improvements in conjt:nction with the companion `D Recorded Exemption. co w � W mz o z APPROVED U x Subdivision Exemption is approved in accordance with information submitted in the application and the policies of the County. The Department of Planning Services has determined through its review that the standards of vi • M Section 9-3 E. of the Weld County Subdivision Regulations have been met. o to � o m w By 'k� V Date: December 3, 1985 Curre t Planner LEGAL DESCRIPTION Lot B, Amendment to Recorded Exemption Number 1207-31-3—RE217, Weld County, Colorado, except that part of said Lot—B, Being more particularly described as follows: Beginning at the most northwesterly corner of said Lot B; Thence along the north line of said Lot B; North 89°25'40" east 672.06 feet; Thence south 00°22' 10" west 296.27 feet; Thence south 89°25'40" west 935.19 N O feet; Thence north 00°22' 10" east 146.30 feet; Thence north 89°25'40" east o U 291.00 feet; Thence north 00°22'10" east 150.00 feet to the point of beginning. N O U • W 0• o v} W O U W co a4 0 an x cz w � a co U dP Z o r-c W N E x b O CO to Q M Z O ,Z N < O C.) CC Wa ix vac rnm O N rI • k AR2035440 B 1095 REC 02035440 12/11/85 11: 29 $0. 00 1/002 F 0150 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO DEPARTMENT OF PLANNING SERVICES SUBDIVISION EXEMPTION ADMINISTRATIVE REVIEW Applicant: Robert A. and Lois Ann Onorato Case #SE-258 Legal Description: Pt. NEi NE} of Section 10, T4N, R67W of the 6th P.M. , Weld County, Colorado. Criteria Checklist Meets Criteria Yes No NA X 1. The proposal is consistent with the policies of the Weld County Comprehensive Plan. X 2. The boundary change or temporary use location which would be allowed on the subject property by granting the request will be compatible with the surrounding land uses. X 3. In those instances when used pursuant to Section 9-3 B. (2) of the Weld County Subdivision Regulations, the request is the best alternative to dispose of existing improvements in conjunction with the companion Recorded Exemption. APPROVED Subdivision Exemption is approved in accordance with information submitted in the application and the policies of the County. The Department of Planning Services has determined through its review that the standards of Section 9-3 E. of the Weld County Subdivision Regulations have been met. By L lac V . ,� r �- Date: December 5, 1985 Curre t Planner B 1095 REC 02035440 12/11/85 11:29 $0.00 2/002 F 0151 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO LEGAL DESCRIPTION Part of the Northeast Quarter of the Northeast Quarter (NE} NE}) of Section 10, Township 4 North, Range 67 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the Southeast Corner (SE Cor) of the Northeast Quarter of the Northeast Quarter (NE} NE}) of said Section 10, and considering the East line of said Section 10, as bearing North 01°11'33" West, with all other bearings contained herein relative thereto; Thence South 90°00'00" West, 330.00 feet to the True Point of Beginning; Thence continuing South 90°00'00" West, 148.25 feet; Thence North 01°11'33" West, 435.60 feet; Thence North 90°00'00" East, 148.25 feet; Thence South 01°11'33" East, 435.60 feet to the True Point of Beginning. Said described parcel of land contains 1.482 Acres, more or less, including a strip of ground 30 feet in width along the South Line of the Northeast Quarter of the Northeast Quarter (NE} NE}) of said Section 10, reserved for County Road ROW purposes and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said parcel of land. LEGAL DESCRIPTION Part of the Northeast Quarter of the Northeast Quarter (NE} NE}) of Section 10, Township 4 North, Range 67 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the Southeast Corner (SE Cor) of the Northeast Quarter of the Northeast Quarter (NE} NE}) of said Section 10, and considering the East Line of said Section 10, as bearing North 01°11'33" West, with all other bearings contained herein relative thereto; Thence South 90°00'00" West, along the South line of said Northeast Quarter of the Northeast Quarter (NEI NE}) , 478.25 feet to the True Point of Beginning; Thence continuing South 90°00'00" West, 165.75 feet; Thence North 01°11'33" West, 435.60 feet; Thence North 00°00'00" East, 167.75 feet; Thence South 01°11'33" East, 435.60 feet to the True Point of Beginning; Said described parcel of land contains 1.657 Acres, more or less, including a strip of ground 30 feet in width along the South Line of said Northeast Quarter (NE}) reserved for County Road ROW purposes and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said parcel of land. 6a as FORM PRESCRIBED BY COLORADO STATE TAX COMMIEStON ! l FORM CTC 92O-REVI$E❑ 1966 PETITION FOR ABATEMENT OR REFUND OF TAXES-NOEC,EL CO., DENVER 26930 hPetitioners: Use this side only, GREELEY SEPTEMBER 11 , 85 iI II Colorado tiELD , 19 To The Honorable Board of County Commissioners of County. L i Gentlemen: ST PAULS CONGREGATION ACHURCH OF GREELEY INC I The petition of Ii Address P 0 BOX 385 GREELEY, CO 80632 ii I j tt I DESCRIPTION OF PROPERTY I ;I GR 4CCE-A TRACT A COUNTRY CLUB ESTATES 4TH FILING li II II I I j I respectfully shows that the taxes assessed against your petitioner for the years A. D. 19.84..., ,I 19 , 19 , are erroneous or illegal for the following reasons, viz: , I (Give full particulars as to wherein the error or illegality lies.) H I it STARTED BUILDING CHURCH IN EARLY 1983. STARTED HOLDING SERVICES IN BUILDING !I IN JUNE 1984. THERE IS NO RECORD ON FILE OF EXEMPTION BEING FILED HOWEVER: I CHURCH OFFICIALS ARE SURE THIS.WAS DONE. i I I i I III I II 1984 19 19 Value Tax Value Tax Value Tax II Orig. 83,760. 7,489.74 Abate. 83,760. 7,489.74 Bal. 000 000 I, II NOT ;l That --_he has paid said taxes. Wherefore your pet- I itioner prays that the to -es g oresaid erroneously or illegally assessed, may be abated oit7tRx il 1 in the sum of >S >� ` li II II Petitioner. I . ---- Bv 6:1,---,‘IS ent f Addresscffl7 /C a.i.Z ! • a/6-T ;STATE OF COLORADO, il County of WELD fss. I PAUL DUMLER being first duly sworn, says that i' it ....he is the petitioner above named, and that the facts stated in the foregoing petition are true. Il II I� � �VY Petitioner or Agent Subscribed and sworn to before me this....... - .��r.ge, day o£. .. ..rite-4d 19.41.7r I My commisjion expiresfyiu_Gamraissicn.-Expires- --, 19 II aenuary 10, 1985 _/ a-td !li ii eeu.1. c� �, �. Notary Public.ii � —ii I n cL I, I I RESOLUTION OF COUNTY COMMISSIONERS WHEREAS, The County Commissioners of Weld County, State of Coloradosat a duly and lawfully called regular meeting held on the 16.15. day of September , A. D. 19 85 , at which meeting there were present the following members: Chainnan.Pro7Tert-Branther.,...Cartussieners.-C_W_.-Firby,...Gordon--F.-- Lacy, Frank Yamaguchi (Chairman Jacqueline Johnson excused) notice of such meeting and an opportunity to be present having been given to the Assessor of said County and said Assessor Herb Hansen being present; and WHEREAS, The said County Commissioners have carefully considered the within application, and are fully advised in relation thereto, NOW BE IT RESOLVED, That said petition be granted and the recommendation of the Assessor be concurred in, and an abatement—refund—allowed on an assessed valuation of$ on assessment for the year 19..%4 _, , tax S___Z,4S79,.. 4. te, Pro ten Chairman of Board of County Commissioners. • STATE OF COLORADO, j County of Weld >ss. I, Nary.-.Ann._Peuerstein , County Clerk and Ex-officio Clerk of the Board of County Commissioners in and for the County of. Weld State of Colorado, do hereby certify that the above and foregoing order is truly copied from the records of the proceedings of the Board of County Commissioners for said Weld County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Greeley, Colorado this 16th day of September , A. D. 19 85 `ni ..t .; o County Clerk. C. --Hi erfriz--221--P-...--, _...i.. Deputy. . ACTION OF THE COLORADO TAX COMMISSION Denver, Colorado, \21-ti-e4,1.4-e4- a 7 , 19,07-5--- The action of the Board of County Commissioners,relative to the within petition,is hereby approved— denied. This petition is denied for the following reasons: ATTEST; THE COLOR 0 T COMMISSION. -- s-e_ 47 By. •1`/+��.'�_'��.� / Secretary. Chairman. J as 0 ; V xTOL 1 1 21 r*"‘ 1 C . < Q 1 O O V 7 z In fOI C I H «, G 7 13 Z 0 0 :41 ti m a w CJ m c4 g P ° I ). ss a E o x E.. ra - -6 _ '� a a S 0 .O of et F. O C _� z3 Irs14 "7 G O f p ri '7. O G ,... 4 ❑ E .G I C �a ' �, C C T ` .2 n d ea D —? S ✓ 1 - = - - w > _ x -" Y WELD COUNTY, COLORADO PAGE 1 of 1 PAYROLL FUND CLAIMS V.O. • WARRANT NO. P.O. NO. VENDOR AMOUNT ' 12019 Nancy Gray 30.98 12020 Rodney Hawkins 799.02 12021 I. Lester Hart 1,335.59 12022 Edward F. Schneider 898.81 TOTAL t 8,0$4.40 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 neremhar 9rk , 19 85 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 3,064.40 DATED THIS 9rb DAY OF , 19 S5 TJWAN SUBSCRIBED AND SWORN TO BEFORE ME THIS 9th DAY OF December T9 85 . .-_. -J cam:,: :c, u'J MY COMMISSION EXPIRES: C'': ?_C;^S's:cc¢ • • - Er =:ey. Colora6o 80631 N NSLIC STATE OF COLORADO ) COUNTY CF WELD ) ss 4e, the Board of County Commissioners of Weld County, Colorado, hereby (approve) r i^ claims b ioand rtnen therefore ;c ., n-;rov_) th_ as set forth above; in pa.}.. . t are hereby ordered drawn upon the Payroll FUND totaling $ 1,n64 40 - . Ch person ATTEST: , enter ti •� • '• Ci i-k & Recorder Member pY rte:, k< ` �� // • • • • • • • • • • • • • • • • • • • • • • • D D D D D D D D ; IC X. 0 0 0 0 0 0 0 Z D D 0 0 0 0 0 0 0 0 0 3 73 N O VI VI VI 0 D O w Ir V1 Jt Na N N r r m Z 0 NJ N NCs 4.P 4s Na N I- O .p co n -1 ro h 0 CO CO -4 -4 7. a D K0 0 r, n m z K :O ,. 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ZI . — � m • • • • • • • • • • • • • • • 9 • • • • • • 4 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 9, 1985 TAPE #85-104 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, December 9, 1985, 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 - Excused Commissioner Gene Brantner, Pro-Tem Commissioner C.W. Kirby Commissioner Gordon Lacy Commissioner Frank Yamaguchi - Excused Also present: Weld County Attorney, Thomas 0. David Acting Clerk to the Board, Tommie Antuna MINUTES: The minutes of December 4, 1985, were held over because a quorum of those Board members present at that meeting were not present today. CERTIFICATIONS OF HEARINGS: The Certification of the hearing conducted on December 4, 1985; Show Cause Hearing, Arnold and Beverly Teter, was held over because a quorum of those Board members present at that hearing were not present today. ADDITIONS: Chairman Pro-Tem Brantner added under New Business - Consider Certification of 1985 Levies and Revenue as Item #14, and Consider Resolution re: Amendment to Loan Agreement between Weld County and Colorado Landfill, Inc. , as Item #15. CONSENT AGENDA: Commissioner Kirby moved to approve the consent agenda as printed. Commissioner Lacy seconded the motion and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: For Engineering Services, Commissioner Brantner said that all available road graders and loaders are being utilized to plow the snow today. The workers have been busy since early this morning trying to clear the roads. There were no other reports at today's meeting. WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $827,912.55 Payroll fund 3,064.40 Social Services 12,899.00 Commissioner Lacy moved to approve the warrants as presented by Mr. Warden. Commissioner Kirby seconded the motion which carried unanimously. BIDS: CHANGE ORDER #1 FOR PAVING AND SHOULDERING OF WCR 44 BETWEEN 39 & 49 FOR FRONTIER MATERIALS: Don Warden said this Change Order is in the amount of $1,340.68. Commissioner Lacy moved to approve Change Order #1 for Frontier Materials for the paving and shouldering of WCR 44 between 39 and 49. Seconded by Commissioner Kirby, the motion carried unanimously. BUSINESS: NEW: CONSIDER RESOLUTION RE: INTERGOVERNMENTAL AGREEMENT WITH TOWN OF WINDSOR FOR CONSERVATION TRUST FUND EXPENDITURES AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden said this Agreement is in the amount of $6,000 which the Board granted to the Town of Windsor from the lottery funds. Commissioner Kirby moved to approve this Resolution concerning the Intergovernmental Agreement with the Town of Windsor for Conservation Trust Fund Expenditures and authorize the Chairman to sign. The motion was seconded by Cemmissioner Lacy and carried unanimously. CONSIDER AMENDMENT TO PAC PLAN: Dan Fowler, representing Social Services, said this amendment is for a County Juvenile Diversion project and is in the amount of $34,888.00. Commissioner Lacy moved to approve the amendment to the PAC Plan in the amount of $34,888.00. Commissioner Kirby seconded the motion which carried unanimously. CONSIDER PETITION TO RELOCATE TRAFFIC CONTROL DEVICES AT WCR 15 & 84: Commissioner Lacy said these roads are near Black Hollow, which is now closed to the public. He said there are stop signs at WCR 15, which has the main traffic, so the residents of that area are requesting that the stop signs be moved to WCR 84. Commissioner Brantner said Drew Scheltinga, County Engineer, had made an inspection and said there is no problem in relocating these signs. Commissioner Lacy moved to direct the Road and Bridge Department to relocate the "Stop Ahead" and "Stop" signs which are on WCR 15 to WCR 84. Seconded by Commissioner Kirby, the motion carried unanimously. • CONSIDER EXTENSION OF TRASH REMOVAL CONTRACT WITH BUNTING TRASH SERVICE, INC: Mr. Warden said that, pursuant to the Board's decision of December 19, 1984, Bunting Trash Service had the option to extend the trash removal contract for an additional two years. He said Bunting Trash Service has indicated, in a letter dated December 4, 1985, that they would offer the same price for trash removal from January 2, 1986, to January 2, 1988. Commissioner Lacy moved to approve the extension of the trash removal contract, for two years, with Bunting Trash Service, Inc. The motion, seconded by Commissioner Kirby, carried unanimously. CONSIDER LETTER OF UNDERSTANDING FROM MANAGEMENT ADVISORS, INC. , CONCERNING PERSONNEL DEPT, AUDIT: Mr. Warden explained that it is necessary for the Board to sign this Letter of Understanding, which has already been signed by the County Council, authorizing the audit of the Personnel Department by Management Advisors, Inc. Commissioner Lacy moved to approve the Letter of Understanding from Management Advisors, Inc. for the Personnel Department audit. Commissioner Kirby seconded the motion and it carried unanimously. Minutes - December 9, 1985 Page 2 CONSIDER RESOLUTION RE: COMPENSATION FOR ELECTION JUDGES AND BRANCH REGISTRARS: Mr. Warden explained that the election judges will now be compensated at the rate of $40.00 per election and the registrars will remain at $4.00 per hour. Commissioner Kirby moved to approve this Resolution concerning the compensation for election judges and branch registrars. The motion, seconded by Commissioner Lacy, carried unanimously. CONSIDER RESOLUTION RE: CANCELLATION OF GENERAL FUND WARRANTS, IN AMOUNT OF $2,171.60: Commissioner Lacy moved to approve this Resolution. Commissioner Kirby seconded the motion and it carried unanimously. CONSIDER TWO JTPA DISCRETIONARY GRANT APPLICATIONS AND AUTHORIZE CHAIRMAN TO SIGN: Karen Reser, representing Human Resources, presented these items to the Board. She said the first grant application is for Seniors Serving Industry in the amount of $47,500.00, and is a continuation of a current grant. The second grant application is for Identification and Intervention Program for Educational Discontinuers. This is a coordinated grant application between Human Resources and School District • #6. The requested amount is $43,623.00. Commissioner Lacy moved to approve the two JTPA Discretionary Grant applications and authorize the Chairman to sign. The motion, which was seconded by Commissioner Kirby, carried unanimously. CONSIDER RESOLUTION RE: APPOINTMENTS TO PIC: This item was deleted from the agenda at this time. CONSIDER LETTER OF ENGAGEMENT WITH DOLLARHIDE & SCHWARTZ AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Reser said the auditing of Human Resources is to be done by Dollarhide & Schwartz for the amount of $25,950.00. Commissioner Lacy moved to approve the Letter of Engagement with Dollarhide & Schwartz and authorize the Chairman to sign. Seconded by Commissioner Kirby, the motion carried unanimously. SECOND READING OF ORDINANCE #9-D - IN MATTER OF REPEAL AND RE-ENACTMENT, WITH AMENDMENTS AND ADDITIONS, TO CERTAIN SECTIONS TO INDIVIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS, ORDINANCE #9-A, AS AMENDED BY ORDINANCES #9-B, #9-C: Commissioner Lacy moved to read Ordinance #9-D by title only. There was no objection from anyone in the audience, and Commissioner Kirby seconded the motion, which carried unanimously. Tom David, County Attorney, read the title of Ordinance #9-D into the record. Commissioner Kirby moved to approve the second reading of Ordinance #9-D and direct the Clerk to the Board to have published forthwith. Commissioner Lacy seconded the motion and it carried unanimously. SECOND READING OF ORDINANCE #136-A - IN MATTER OF REPEALING ORDINANCE #136 AND SETTING THE AMOUNT OF PURCHASES WHICH MUST BE BY WRITTEN SEALED BIDS WITH A TEN-DAY PERIOD FOR CONSIDERATION: Commissioner Lacy moved to read Ordinance #136-A by title only. There was no objection from the audience and Commissioner Kirby seconded the motion which carried unanimously. l'r. Warden read the title of Ordinance #136-A into the record. Commissioner Kirby moved to approve the second reading of Ordinance #136-A and direct the Clerk to the Board to have published forthwith. Commissioner Lacy seconded the motion which carried unanimously. SECOND READING OF ORDINANCE #84-E - IN MATTER OF REPEALING ORDINANCE #84-D AND RE-ENACTING THE SETTING OF FEES FOR SERVICES PROVIDED BY WELD COUNTY: Commissioner Lacy moved to have the second reading of Ordinance #84-E by title only. There was no objection from anyone in the audience. Commissioner Kirby • Minutes - December 9, 1985 Page 3 0 seconded the motion and it carried unanimously. Mr. Warden read the title of Ordinance #84-E into the record. Commissioner Kirby moved to approve the second reading of Ordinance #84-E and direct the Clerk to the Board to have published forthwith. Seconded by Commissioner Lacy, the motion carried unanimously. CONSIDER CERTIFICATION OF 1985 LEVIES AND REVENUE: Mr. Warden explained that these are the 1985 levies and revenue which were prepared by the County Assessor, and pursuant to State statutes, the Board must certify them. Commissioner Kirby moved to approve the certification of the 1985 levies and revenues. The motion, which was seconded by Commissioner Lacy, carried unanimously. CONSIDER RESOLUTION RE: AMENDMENT TO LOAN AGREEMENT BETWEEN WELD COUNTY AND COLORADO LANDFILL, INC: Brad Keirnes, representing Colorado Landfill and Waste Services, Inc. , said that Colorado Landfill was sold to Western Disposal, Inc., and Waste Services, Inc. re—acquired the Greeley and Eaton Landfill operations. Because of this re—acquisition, Waste Services, Inc. , owned by the Keirnes, will assume the Industrial Development Revenue Bonds issued in 1980. Mr. Keirnes said the loan agreement between Weld County and Colorado Landfill, Inc. must be amended to show Waste Services, Inc. as the borrower and would receive the assignment of this loan. Be said all of this is subject to the consent and approval of the SBA Pollution Control Financing Division. Lee Morrison, Assistant County Attorney, made comments concerning assignments under the previous agreement and the requested amended agreement, saying that the obligation of Weld County remains the same. Commissioner Kirby moved to approve the Resolution concerning the amendment to the loan agreement between Weld County and Colorado Landfill, Inc. Commissioner Lacy seconded the motion which carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. Ordinances /t9-D, #136-A, and #84-E were approved on second reading at today's meeting. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 9:35 A.M. ‘Jj� y APPROVED: ATTEST: , ' t r "1` `j BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board £ Erant&I!roTem line Johnson, Chairman Cle C.W. Kirb G Gor o • EXCUSED Frank Yamaguchi Minutes - December 9, 1985 Page 4 RECORD OF PROCEEDINGS AGENDA Wednesday, December 11, 1985 Tape #85-104 & #85-105 ROLL CALL: Jacqueline Johnson, Chairman Gene Brantner, Pro-Tem C.W. Kirby Gordon Lacy Frank Yamaguchi MINUTES: Approval of minutes of December 4, 1985 (Commissioner Kirby excused) and December 9, 1985 (Chairman Johnson and Commissioner Yamaguchi excused) ADDITIONS TO AGENDA: None APPROVAL OF CONSENT AGENDA: DEPARTMENT HEADS AND 1) Harold Andrews, Sheriff ELECTED OFFICIALS: 2) Don Warden, Finance Director COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BIDS: 1) Present South County radio tower - Communications 2) Present bituminous pavement mix/asphalt, 1986 - Rd. & Bridge 3) Present milk bid - Youth Shelter & Human Resources 4) Approve chemicals - Rd. & Bridge 5) Approve sign materials - Rd. & Bridge BUSINESS: OLD: NEW: 1) Consider request to waive bid procedure for Oil and Gas Lease on Si 512, T5N, R65W, from Cache Exploration, Inc. and Conquest Oil 2) Consider Resolution re: Appointments and reappointments to Communications Advisory Board 3) Consider Resolution re: Cancellation of Social Services warrants for month of November, 1985, in amount of $10,447.00 4) Consider Resolution re: Authorization for Treasurer to establish IGS — Phone Service Fund PLANNING: 1) RE #804 - Fuxa 2) RE #816 - Guildner (cont. to Dec. 18) 3) Zoning Violation - Mavity 4) Building Code Violation - Roskop 5) Building Code Violation - Lehnert 6) Replat of Subdivision - Lundvall CONSENT AGENDA APPOINTMENTS: Dec 12 - Area Agency on Aging 9:00 AM Dec 12 - Placement Alternatives Commission 1:30 PM Dec 12 - Board of Adjustment 3:30 PM Dec 12 - Library Board 7:00 PM Dec 13 - Community Corrections Advisory Board 12:00 NOON Dec 16 - Hospital Board 4:30 PM Dec 17 - Housing Authority 11 :30 AM Dec 17 - Planning Commission 1:30 PM Dec 17 - Communications Advisory Board 2:00 PM Dec 17 - Retirement Board 2:15 PM Dec 19 - Community Corrections Board 8:00 AM Dec 24 - HOLIDAY Dec 25 - HOLIDAY HEARINGS: Dec 18 - Policy Report under Section 103A 10:00 AM Dec 18 - Tavern Liquor License, LeRoy Sather, dba Streamers 2:00 PM Dec 18 — Show Cause Hearing, Vessels Oil & Gas (cont. from Nov 13) 2:00 PM Dec 18 — USR, Process & sell forestry products in Agricultural Zone District, Darrel or Tamara Lockman 2:00 PM Dec 18 — USR, Greyhound dog kennel, Gene & Diane Gurley 2:00 PM Dec 18 - USR, Livestock confinement operation, James & Michele Vetting 2:00 PM Dec 23 - Changes to Final PUD Plat, Beebe Draw Land Company Ltd. - First Filing 9:00 AM Jan 8 - Show Cause Hearing, 31 Disposal (Stan Rech) 2:00 PM Feb 19 - Show Cause Hearing, Arnold & Beverly Teter (cont. from Dec 4, 1985) 2:00 PM REPORTS: 1) Mary Ann Feuerstein, Clerk and Recorder, re: Collection of Clerk fees for month of November, 1985, and year-to-date COMMUNICATIONS: 1) State Board of Assessment Appeals - Findings and Order re: Farmland (BOE) 2) Colorado Department of Health - Agenda and Notice of Hearings PLANNING STAFF 1) Amended RE #75 - Federal Land Bank APPROVALS: 2) Amended RE #217 - Seewald 3) RE #798 - Glover 4) RE #810 - Hoehn 5) RE #814 - Onorato 6) RE #817 - Peterson 7) MHZP #13 - Onorato RESOLUTIONS: * 1) Approve authorization for Treasurer to establish IGS - Phone Service Fund * 2) Approve appointments and reappointments to Communications Advisory Board * 3) Approve cancellation of Social Services warrants for month of November, 1985 * 4) Approve amendment to PAC Plan * 5) Approve relocation of traffic control devices at WCR 15 & 84 * 6) Approve extension of Trash Removal Contract with Bunting Trash Service, Inc. * 7) Approve Letter of Understanding from Management Advisors, Inc. * 8) Approve Certification of 1985 Levies and Revenues * Signed at this meeting RESOLUTION RE: AUTHORIZATION FOR WELD COUNTY TREASURER TO ESTABLISH IGS - PHONE SERVICE FUND WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , it has been determined that there is a need to set up a new fund through the Weld County Treasurer' s Office, for the administration and financing of the IGS - PBX Phone Service Fund. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado that the IGS - PBX Phone Service Fund be, and hereby is, introduced into the Weld County Accounting system, and that the Weld County Treasurer is hereby authorized to establish said funds accordingly. BE IT FURTHER RESOLVED by the Board of County Commissioners that all interest accruing to monies in these funds shall be deposited in these funds. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of December, A.D. , 1985 . � " y • BOARD OF COUNTY COMMISSIONERS ATTEST: O. G iwdt" �W.Aci&rJ WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED _ and Clerk to the Board AR?2S, Pro-Tern line Johnson, Chairman 6J„„,6 �� c-Lit ,) D, putt' County C rk /4 APPROVED AS TO FORM: C.W. ir•• /J 7-1 4 La Vii✓-.,_ County Attorney /// Fr.' k Yama•,•' hi i r / % /., RESOLUTION RE: APPOINTMENTS AND REAPPOINTMENTS TO COMMUNICATIONS ADVISORY BOARD WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, several vacancies currently exist on the Weld County Communications Advisory Board, and WHEREAS, it has been recommended that Gary Sandau, representing Fire Zone #2, and Anthony Onorato, representing Police Zone #4 , be appointed to said Board, with their terms to expire December 31 , 1987 , and WHEREAS, it has been recommended that Doug Melby, representing Fire Zone #1 , Jack Hurst, representing Police Zone #3, and Dave Becker, representing the Engineering Department, be reappointed to said Board, with their terms to expire December 31 , 1988 , and WHEREAS, the Board deems it advisable to appoint and reappoint the above named individuals to the Weld County Communications Advisory Board. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Gary Sandau and Anthony Onorato be, and hereby are, appointed to the Weld County Communications Advisory Board, with their terms to expire December 31 , 1987. BE IT FURTHER RESOLVED by the Board that Doug Melby, Jack Hurst and Dave Becker be, and hereby are, reappointed to the Weld County Communications Advisory Board, with their terms to expire December 31 , 1988. Page 2 RE: APPOINTMENTS AND REAPPOINTMENTS TO COMMUNICATIONS BOARD The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of December, A.D. , 1985 . `/ BOARD OF COUNTY COMMISSIONERS ATTEST: `i • (;;..,„ f ,--< �on.„ WELD COUNTY, COLORADO Weld Countyerk and Recorder EXCUSED and Clerk to the Board Ja eline Johnson, Chairman 'Ave B -Yf ) Gene R. Brantner, Pro-Tem 1?eputy County C rk i APPROVED AS TO FORM: C.W. Ki . r / .1i�I/ -._. �7- fTh 721 L�� Go y La n,, County Attorney Fran amag i 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 $10 ,447 .00 should be cancelled for administrative reasons, the totals of the individual classifications being as follows: SOCIAL SERVICES $8,432. 00 OLD AGE PENSION 2 .015.00 TOTAL $10 ,447.00 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 November, 1985 , in the amount of $10 ,447. 00 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 11th day of December, A.D. , 1985 . -, BOARD OF COUNTY COMMISSIONERS ATTEST: (ut/1(s '! .(.W. i WELD COUNTY, COLORADO Weld County Ylerk and Recorder EXCUSED and Clerk to the Board Jacaapyeline Johnson,/Chairman ��lif /V ^f a ta.J Gene R. Brantner., Pro-Tem eputy County Jerk APPROVED AS TO FORM: C.W. Kir a ✓rf�� County Attorney Fran Yama c LHR 10 RESOLUTION RE: APPROVAL OF AMENDMENT TO 1985-1986 PLACEMENT ALTERNATIVES PLAN 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, an Amendment to the 1985-1986 Placement Alternatives Plan for the County Juvenile Diversion project has been presented to the Board of County Commissioners, and WHEREAS, the amended Placement Alternatives Plan shall be in effect until December 31 , 1986 , and is in the amount of $34 ,888.00 , and WHEREAS, the further terms and conditions being are stated in the Amendment, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it advisable to approve said Amendment to the 1985-1986 Placement Alternatives Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Amendment to the 1985-1986 Placement Alternatives Plan be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of December, A.D. , 1985. \ ^ BOARD OF COUNTY COMMISSIONERS ATTEST: ,rjr�f� WELD COUNTY, COLORADO • j (i✓ �j�rJ Weld County C+3erk and Recorder EXCUSED and Clerk to the Board Jac line Johnson, Chairman t t talat- BY- X-11 --c-4 ' Gene R. Brantner, Pro-Tem D puty County Clerk APPROVED AS TO FORM: C.W. Kir • / Li ) Go a y f�f�v\ - County Attorney EXCUSED Frank Yamaguchi l DEPARTMENT OF SOCIAL SERVICES t V 19 A PHONE(3C3)352451 November 21, 1985 P.O. BOX A GS'EELEY,COLCRADO 8D632 - n ,- 4 r COLORADO Colorado State Department of Social Services Post Office Box 181000 Denver, CO. 80218-0899 ATTENTION: Stephen McGavran Senate Bill 26 Coordinator REGARDING: Amendment to 1985 — 86 Weld County Plan Dear Stephen, Pursuant to our telephone conversation of November 21, 1985 Weld County is submitting the attached proposed amendment to the 1985-86 Weld County PAC Plan. This proposal has been approved by the Placement Alternatives Commission and is scheduled to be approved by the Board of County Commissioners in December. Upon approval by the County Board we will forward the completed signature page. If you need further information please contact me. Thank you for your assistance. Sincerely,\\-\\ AIA4‘. DANIEL M. FOWLER SOCIAL SERVICES AD. INISTRATOR vI DMF:ich Enclosures AMENDMENT Program: Juvenile Diversion Project Statement of Need: Children who have committed delinquent offenses and who are dealing with a multitude of personal and family problems are also at high risk for foster home or group home placement if not dealt with intensively prior to court involvement. 1. Target Group A. Average number of children to be served per month - 26. B. Age - 10 through 17 Gender - Male/Female C. Admission Criteria: All children considered must be at high risk of formal delinquency petition filing and out of home placement. The chld being considered for the program must have committed a delinquent offense and be between the ages of ten and seventeen. The Department of Social Services must have made the final program eligibility determination on each case. The Department of Social Services will also make the final decision in regard to the termination of each case. Each child must meet one or more of the following criteria: 1. Either not responding to or cooperating with the District Attorney Diversion Program 2. Presently in the District Attorney Diversion caseload as well as the Department of Social Services caseload. 3. Presently out of parental control. 4. Presently under the guardianship of unwilling custodians. 5. Presently on the run or with a history of runaway behavior. 6. Truancy problems at school. 7. Neglectful home situation. 8. Present or former abuse victim. 9. Exhibiting emotional disturbance at school or in the home. 10. Involvement with substance abuse. 11. Parents are substance abusers. D. How is the program an alternative to out of home placement? We have identified a population of high risk offenders who will eventually be placed outside the home without intensive services. We have identified this population at the District Attorney level and will seek to prevent out of home placement of those who fit the profile for fester placement. 2. Program Description: INTAKE Each child who meets the "high risk" profile for out of home placement will be assigned to a counselor who will work with the child and family. The counselor will meet with the child and family for an intake interview and needs assessment. After the counselor has gained some insight into individual problems, an individual program plan is written in contract form and signed by the child, parent and counselor. Schools, caseworkers, therapists, and other appropriate agencies are contacted for further information. COUNSELING Individual, family, and group counseling is provided to the child and the family. Counseling will be provided on a weekly basis. Counselors will respond to emergency calls jointly with the cooperation of the Social Services caseworker. In-home counseling will be provided to all families. The assigned counselor will also work as a liaison with police agencies, therapists, school personnel and social services. By coordinating services and by encouraging the family to elicit assistance from community service organizations such as Tough Love, A.A. and Al-Anon, the family environment should experience some stabilization. Group counseling will be offered in the form of an "anti-shoplift" education program for those whose offense includes shoplifting. A six week Drug and Alcohol Education Program will be necessary for those whose offense or personal history suggests drug or alcohol • related problems. Job skills group assistance in obtaining employment will be offered. Children who owe restitution to victims will be expected to earn their own money to pay their victim via the District Attorney's Office. A personal letter of apology will be sent to the victim. Volunteer community service work will be assigned to children whose offense does not require monetary restitution. EDUCATION Supportive education is a component of the program. During the intake process, the counselor identifies and addresses academic, behavioral and attitudinal problem areas in the child's educational setting. Our goal will be to maintain students in their present educational setting or to prepare them for reintegration into a public school setting, a vocational program such as Job Corns, or into a community college such as the .._ms CED Procra_. • FOLLOW-UP From time to time individuals who have already completed the program may return when there is a need for more assistance on a short term or temporary basis. The counselor may intervene with personal assistance at this time or may refer the child and family to a community agency for assistance. CASE MANAGEMENT After intake the contract is signed, the program is written and miscellaneous paper work is completed by the counselor. The supervisor reviews the case to monitor for eligibility requirements. A joint staffing with Social Service personnel ensues at which time the Department of Social Services will make the final decision as to whether or not the case has met PAC requirements and should be opened. All cases are kept in the District Attorney's Office and are never allowed outside of the office. Only authorized personnel have access to cases. Release forms signed by parents are kept on file if information needs to be shared with schools, therapists, etc. If the child fails to complete the goals of the contract a form stating the reasons for failure is completed by the counselor. IF deemed necessary at a staffing, the case will be turned over to the Deputy District Attorney for filing of a Delinquency Petition. Case closings must document that all goals on the contract were completed. A termination summary as well as a running record must be in order before the case is closed. Any brokerage services, follow-up services or emergency phone contacts are to be documented. The Department of Social Services will open and maintain a current casefile on all children in the Juvenile Diversion Program for administrative accountability. ADMINISTRATION As the program itself will be accountable to the District Attorney, personnel, budget and/or any other concerns will be brought to his attention. Secretarial duties will consist of setting up new files, investigating and preparing restitution, making appointments for staff, preparing and sending letters to clients and victims, greeting clients and the public and all general office duties. The program director will be responsible for staff supervision and evaluation, program planning and general office management. • 2. Program Description continued SERVICE FREQUENCY STAFF OR PROVIDER COST ACTIVITIES OR DURATION CONTRACT Counseling, case Weekly Contract DA's Office $27,137.00 management, support services. Supervision, support groups, education. Program Monthly Contract DA's Office $7,751.00 Administration Total $34,888.00_ • Program Cost Per Child $244.00 3. Cost Savings Analysis: Average Anticipated Average Average Pro-rated Total Cost Savings Total # child placement cost per cost/mo adm cost PAC program Savings per mo if no PAC mo of 2 PAC prog per child per child per child per month per month 12 RCCF $1,300 $224.00 $0 $224.00 $1,035 $12,912 10 Specialized 700 224.00 0 224.00 485 4,760 Group Nome 1 Family Foster 293 224.00 0 224.00 69 59 Care 3 Home 0 224.00 0 224.00 (672) (672) 26 Total Savings $17,059 I 4. Program Oblectives: A. Process Objectives Average number of children to be served per month — 10. Average length of time in the program not to exceed 10 months. Average cost per month to serve child to to exceed — $224. The Treatment Plan at discharge for at least 70% of the children serviced will call for a residence other than substitute care. B. Outcome Objectives 90% of all families served will be referred to and will utilize other community resources. 55% of all children served will not be placed outside their home by Social Services. 55% of all children served will not have a Delinquency Petition filed by the District Attorney. 5. Program Evaluation: Information will be gathered on children in the program in the following areas: A. Rae the family been referred to and utilized other community agencies? B. Has the child been placed in a licensed facility while in the program? C. Has a Delinquency Petition been filed in the interest of the child while in the program? . r, n Z . . � � . � � � ?i a . -� l!� t� W N J� � .+ �-J . . . • � ~ C � � � . 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W C _ • :D R SI o CO .- rn - -. .f] CO CO r < I-3 CO CO 0 CO N CD {p 3> -• 4.ON W R w C A Ill 0 v+ - O 0 0 0 0 'O K -4 V 1 V NO O1 O• :A cn W n-• r-• - VI 7 ✓ W N 0 I O 11 N N 0 VI 7 V 0. -4 W R ▪ ) W M J N OD 0 0 O I-• O R O O 0 0 0 3- n M W — -3 V W N) 0 0 -o N N 0 rt 0 V c h O v W . v x C. m ON RESOLUTION RE: APPROVE RELOCATION OF "STOP" SIGNS AT WELD COUNTY ROAD 15 TO WELD COUNTY ROAD 84 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, "Stop" signs are currently located on Weld County Road 15 at its intersecton with Weld County Road 84 , and WHEREAS, the Board has received a petition requesting that the "Stop" signs located at Weld County Road 15 be relocated to Weld County Road 84 , at the intersection with Weld County Road 15 , and WHEREAS, after study and review, the Board deems it advisable to relocate said "Stop" signs to Weld County Road 84 at its intersection with Weld County Road 15 . NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Department of Engineering be, and hereby is, directed to relocate said "Stop" signs to Weld County Road 84 , at its intersection with Weld County Road 15 . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of December, A.D. , 1985 . � ` BOARD OF COUNTY COMMISSIONERS ATTEST: ` �E "t', _ `a/'A " -rui WELD COUNTY, COLORADO J Weld County Clerk and Recorder EXCUSED and Clerk to the Board Ja �e^line Johnson, Chairman / A Sete BY: V ('71'9c ct- L1� ` c -' Gene R. Brantner, Pro-Tem Deputy County Clerk APPROVED AS TO C7/07 -Ce-f-4- FORM: C.W. G i - /�+� ac County Attorney EXCUSED Frank Yamaguchi r C/ weld County Road 15 Fort Collins, CO 80524 November 25, 1985 ;ie__d County Commissioners . eld County Court Kouse 9: C 10th Creeley, Colorado 80631 Centlemen: :inclosed is a petition to have the "STOP: sign at geld County Road :5 , stopping traffic on eld County Road 15, and _ield County .toad: 54 be placed on ti eld County Road o4, stopping traffic on eid County 84, and Weld County Road 15. ' eld County Road 15 is the major road from Colorado Highway 14 to : eld County Road 90 , The Fierce :Road in the are a. . The traffic using `. el_d County Road 84 is considerably less, now that s1ac't Hollow Reseyior is closed_ ', elf County Road o4 has 2 ",`'.,Ti!'r'?' J" intersections west of Ault. There is no reason that weld County Road 84 cannot be "STOPPED' at Reid County Road 15. J Please resound, to this recuest as soon as possible. 1 .no- rely, AitiL,c2....itectz_c_c.,- Juane . .ranci 0228 cell County Road 15 Y ! This etition requests relocation of STOP signs at Weid County Road 15 at Feld County Road 84. e, the undersigned, request STOP signs on field County Road 15 at wed. County Road 84 be C=-a?':.C/_'.^w to County Road 84 at Reid county Road 15. Tnis would stop the traffic on Weld County Road 84, not traffic on _elc- County Road 15. ..: hen a �T L sign h .•-as requested at eld County Roads 15 and --, the distrnc?road�-forman agreed that Weld County Road 15 should be open to Colorado 7ichway 14 (not stopped) , as the majority of traffic used .-:eld County Road 15. We, the tax :avers, using road 15 want the ,sto? sicn Idol ?VC?. Y9 . deet s 7cie\,( , _xe . (((-)(Esc dO yti3-gS • nn3.2 lilt /3 F aa4 , j 1771 e /ill Ar.S//hs gWe 77-75 1 - t u 2 / 4 We . i 3 Y7` 9-7/- sss L(?o kite- (n-e ( C1---A--05- _247 rt-,fl-•-.f.e Zsis r,,L, c,t / F Cc//, /.s> c 7- l� Sz 0 s � aet /6 f 4/tn Co 9-- /4 -is ,t t 43-e-vt/na Y25 sZ w C iS CV f / �t///� / S C.fir, / nl� ,Yid/i (r iylo; �i✓�TIC- n 11 l6 2r Al 7/67_./ e Zi FT- °` .1l);A) Cr 916 ,25 44.4— yrr 6 2 ss t(1GiYa 7 6//b 0:71 G /IG/c%i.r..l .ai,--� arry /' / ' ' [ - ,. i-n. - - �---4_ - --cc *7 6 5S tc) -C-,- C Ile/ / 4 qd- 6—b�S C i .,' /C j,e- /jet/ r _ i� (1 c t/SS / ( "M.,21-47r•- 7: 510 t/✓�-i2 4 �a s .•..r^ This petition requests relocation of STOP signs at Weld County , Read 15 at weld County Road 84_ We, the undersigned, request STOP signs on Weld County Road 15 at Weld County Road 84 be changed to Weld County Road 84 at Weld County Road 15_ This would stop the traffic on Weld County Road 84, not traffic • on weld County Road 15. the hen a STOP sign was requested at Weld County Roads 15 and 8lrr distric road forman agreed that Weld County Road 15 should be open to Colorado =highway 14 (not stopped)) , asmaor the majority want y oraffic used iWeld County load 15. We, the tax payers, using • s...7-etcrs,ted. /7 G , ,(1 � co ///g�s O�iQ� � 415 y t GQ //5" - aX -`cA // � j7opO a)(?/e gp I r 4 i�1S fib ✓� C ad. ". OC RESOLUTION RE: APPROVE EXTENSION OF TRASH REMOVAL CONTRACT BETWEEN WELD COUNTY, COLORADO, AND BUNTING TRASH SERVICE, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, in December, 1984 , Weld County entered into a contract for trash removal services with Bunting Trash Service, Inc. , for one year, and WHEREAS, pursuant to the contract executed in 1984 , Bunting Trash Service, Inc. was offered the option to extend said contract for an additional two years at the same price, and WHEREAS , Bunting Trash Service, Inc. has submitted to the Board of County Commissioners, a letter of request for an extension of said Trash Removal Contract, and WHEREAS, said extension shall be from January 2 , 1986 , to January 2, 1988 , with the further terms and conditions being as stated in the request, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it advisable to approve said extension of the Trash Removal Contract. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that extension of the Trash Removal Contract between Weld County and Bunting Trash Service, Inc. be, and hereby is, approved. Page 2 RE: EXTENSION OF TRASH CONTRACT - BUNTING TRASH The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of December, A.D. , 1985 . ‘ /� _,/,_ - BOARD OF COUNTY COMMISSIONERS ATTEST: h` la7 rt Acx. ("v WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED _ and Clerk to the Board S eline� Johnson, Chairman ,- a / it B�:.- O }j R. Br ntner, Pro-Tem D put"y County Cl rk APPROVED AS TO FORM: C.W. K_ ir -e2 �� Gard9n a y -- 47k -i/dir County Attorney EXCUSED Frank Yamaguc i Frank ikn v '? ^.\ y� • BAlM , r. TRASH SERVICE,INC. �z P.O. Box 28 �` (303) 339-5245 3315 Stare Street • 9tedelt G Veaao Ta Out Duty Evans, Colorado 80620 DECEMBER 4, 1985 MS . BETTE RHODEN PURCHASING DIRECTOR 915 TENTH STREET P .O. BOX 758 GREELEY, CO 80632 DEAR MS . RHODEN, WE WILL CONTINUE FURNISHING TRASH REMOVAL SERVICE AT THE SPECIFIED COUNTY-OWNED AREAS FROM JANUARY 2, 1986 TO JANUARY 2, 1988 AT A RATE OF t552 . 00 PER MONTH. THIS RATE IS GUARANTEED FOR THE DURATION OF THIS CONTRACT . ANY ADDITIONAL SERVICE OR CANCELLATIONS PER YOUR REQUEST WILL BE ADJUSTED ACCORDINGLY. THANK YOU FOR GIVING US THE OPPORTUNITY TO SERVE YOU. J9trnAtea - LONDELL A. BUNTING BUNTING TRASH SERVICE, INC . RESOLUTION RE: APPROVE LETTER OF UNDERSTANDING FROM MANAGEMENT ADVISORS , INC. AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Council has selected Management Advisors, Inc. to conduct a performance audit of the Weld County Personnel Department, and WHEREAS, the Board of County Commissioners has been presented with a Letter of Understanding which outlines the terms and conditions under which services will be provided, and WHEREAS, after review, the Board deems it advisable to approve said Letter of Understanding from Management Advisors, Inc. , a copy of said Letter 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 Letter of Understanding from Management Advisors, Inc. to conduct a performance audit of the Personnel Department be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that Chairman be, and . hereby is, authorized to sign said Letter of Understanding. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of December, A.D. , 1985 . '___ - BOARD OF COUNTY COMMISSIONERS ATTEST: cuu l..,,y j F;.,,, :,-v WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Ja eline Johnson, Chairman - c ct ciLL.--,E) Gene R. Brantner, Pro-Tem eputy Countyerk • APPROVED AS TO FORM: - C.W. Ki G acy i c ',O V1v C� Fr maguchi County Attorney n142 Yamaguchi r MANAGEMENT ADVISORS, DEC O 4 INC. James F.Snyder, CMC Stephen J.Yanoviak. CMC December 4, 1985 Mr. William A. Rupp , President Weld County Council. P. O. Box 758 Greeley, Colorado 80632 Dear Bill : We are pleased to submit this proposal for conducting a performance audit of Weld County ' s Personnel Department. The purpose of this letter is to outline the terms and conditions under which we will provide our services. We understand that your objective is to obtain an independent , objective evaluation of the Personnel Department . In conducting our review, we will utilize the Home Rule Charter, the Personnel Policy Handbook, ordinances and any other published materials which describe the performance expectations of the Department. In addition, we will evaluate the Department according to generally accepted personnel policies and practices. Our review will focus on the following areas : o Benefits administration o Pay management o Training o Insurance carrier selection o Insurance administration o Safety administration o Grievance procedures o Personnel policies o Computer utilization o Hiring and dismissal practices o Employee performance evaluation practices o Promotion practices In addition, we are willing to examine any other areas as requested by the County Council or Board of Commissioners, provided such requests are made early in our review. We will obtain our information from interviews within and outside the Department. We will also review available correspondence, reports , records and documentation. We have already obtained background information from discussions with you and Pat Persichino and Dave Worden of the Personnel Department. 5300 DTC Parkway. Suite 230 • Englewood, Colorado 80111 • (303) 796-8040 Mr. William A. Rupp, President December 4, 1985 Page two The end-product of our work will be a written report which addresses each area of our review. Our report will contain statements of conditions with recommendations for improvement where appropriate. It will be issued to Council within six weeks from the start of our review. We will then he available for a meeting with Council to discuss our report. I will be the principal consultant on this assignment . If necessary, another consultant from our staff will be assigned to assist me. We estimate that our fees for this work including out-of-pocket expenses will range between $6, 500 and $7, 500. In any event, our total charges will not exceed $7, 500 unless there is an approved expansion of scope in writing. We will bill for actual fees and expenses incurred , but not to exceed $4 , 000, upon delivery of our report to Council members. The balance of our charges will be billed at the completion of our work and final review with the Council . Payment is due within twenty days of invoice. Amounts past due are subject to a late charge of one and one-half percent per month until paid. If this letter properly states your understanding of the services to be rendered and the terms of our engagement, please sign a copy and return it to us. Sincerely, Stephen J Yanovia < , CMC President MANAGEMENT ADVISORS, INC. WELD{ COUNTY COLORADO ( // Chairman Protem A7// le 12/9/85 Board of County Commissioners Approved an ccepted protein Date Title Ap oved and ccepted Date Title Approved and ' cepted /bate Title RESOLUTION RE: CERTIFICATION OF 1985 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 1985 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 deemed it advisable to certify the 1985 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 1985 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 1985 Certification of Levies and Revenue. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of December, A.D. , 1985 . �j BOARD OF COUNTY COMMISSIONERS ATTEST: / 11G„c.ct e 'c^ ,✓ yv f. . WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Jac eline Johnson, Chairman / . gt_ Y: G7y.�yy2�QJ „ute-S.kJ Gene R. Brantner, Pro-Tem. Deputy County C erk be,/,APP OVED AS TO FORM: C.W. 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Cn tp M-, < C r CD z a V) a a• r V or a 113 C7• 0 7 G 2 O VI w p A I.° r to O t0 M ') C VI b N W ICri U'I CPI V 6 1C4Ol ICD ©I a -5 -C Ch WELD COUNTY, COLORADO PAGE 1 GENERAL FUND CLAIMS V.O. WARRANT NO. P.O. NO. VENDOR AMOUNT 901981 SGT ED JORDAN $4,000.00 • TOTAL 54,000.00 STATE OF COLORADO ) COUNTY Y 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 DECEMBER 6 19 85 and that payments should be made to the respective vendors in the amounts set opposite -their names with the total amount $4,000.00 . DATED THIS 6th DAY OF DECEMBER , 19 85 • • /7. /1// WELD COU I7A ut7 " SUBSCRIBED AND SWORN TO BEFORE ME THIS 6th DAY OF DECEMBER 1985 . MY COMMISSION EXPIRES: My Commission FYp rem Juno &, 1906 • iS1 fin-Add—7t1'-• STATE OF COLORADO ) COUNTY OF WELD ) ss We, the Board of County Commissioners of Weld County, Colorado, hereby (approve) tidi.saporove) the claims as set forth above; and warrants in payment therefore are hereby ordered drawn upon the GENERAL FUND totaling $4,000.00 Art - rson _ ain,t4.44-Catatez-n.,- 7ff.,//t. County Clerk & Recorder Member By" • CrY/tT71 c C- 677t ` aep4y Memo 111111111 STATE OF COLORADO ) ) SS COUNTY OF WELD ) SOCIAL SERVICES CLAIMS THIS IS TO CERTIFY THAT ALL ACCOUNTING AND BUDGETING PROCEDURES HAVE BEEN COMPLETED ON THE FOLLOWING LISTED CLAIMS AND THAT PAYMENTS SHOULD BE MADE TO THE RESPECTIVE PAYEES IN THE AMOUNTS SET OPPOSITE THEIR NAMES AS CERTIFIED BY THE DIRECTOR OF THE WELD COUNTY • DEPARTMENT OF SOCIAL SERVICES. THE AMOUNTS BY CATEGORY ARE AS FOLLOWS: TOTAL WARRANTS CLAIMS AMOUNT 1 ADC 630.00 ADC-U IV-D OAP AND IRA AB GA MED. TRANS. ADM SERVICES CHILD WELFARE • PAC 99 DC 30,099.03 LEAP OAP SUBTOTAL OAP t SS 30,729.03 SS 100 SUBTOTA.. GRAND TOTAL 30,729.03 DATED THIS 9th DAY OF December , i9 85 . i / I l ! .�' Il (// I �C� r DIRECTO 'AND�NISTRATION SUBSCRIBED AND SWORN TO BEFORE ME THIS 9th DAY OF December , 1985 . • NOTARY PUBLIC r C'K4 MY COMMISSION EXPIRES: My Commission Expires June 8, 1986 STATE OF COLORADO ) ) SS. COUNTY OF WELD ) WE, THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, HEREBY APPROVE THE CLAIMS AS SET FORTH ABOVE AND WARRANTS IN PAYMENT THEREFORE ARE HEREBY DRAWN UPON THE SOCIAL SERVICES FUNDS AND CHARGEABLE AS STATED: �J • ATTEST: 711a -F� Aye,Iid" WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD • BY: I-Y 6-72(-19(-45_,- V DEPUTY COUNTY CLERK 2 DATE PRESENTED: WELD COUNTY, COLORADO PAGE 1 SOCIAL SERVICES FUND CLAIMS CORRECTION of DECE*fBER 9, 1985 V O BOARD FETING WARRANT NO. P.O. NO. VENDOR PYOUNT SOCIAL SERVICES TOTALS SUBMITTED WAS $12,899.0) CORRECT TOTALS SHOULD HAVE BEEN---$58,401.03 TOTAL $ 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 DECEMBER 11 19 85 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $58,401.03 DATED THIS 11th DAY OF DECEMBER ,. 1985 / 7,,/ rte WELD CO ' ,Y/FkiiA CE OF'FIc R SUBSCRIBED AND SWORN TO BEFORE ME THIS 11th DAY OF DECEMBER 1985 M.Y COMMISSION EXPIRES: My Commission Expires June 8, 1986 • • N'O RY PU3LI •--4 STATE OF COLORADO ) COUNTY CF WELD ) ss We, the Board of County Commissioners of Veld County, Colorado, hereby (approve) . •,d;saD'trove) the claims as set forth above, and warrants in payment therefore are hereby ordered c:rawn upon the SOCIAL SERVICES FUND totaling $58,401.03 Ch erscn ATTEST: ;ember County C1er61 & Recorder - XeTDer r� EY: `J L�17Z-9)C--c ,o Met D__uty Vem:,er WELD COUNTY, COLORADO PAGE 1 GENERAL FUND CLAIMS CORRECTION of DECEMBER 9, 1985 BOARD MEETING V.O. AMOUNT WARRANT NO. P.O. NO. VENDOR GENERAL FUND TOTALS SUBMITTED WAS $827,912.55 • CORRECT TOTALS SHOULD HAVE BEEN---$950,600.24 TOTAL S STATE OF COLORADO ) • COUNTY OF WELD ) ss du e This is to certify that all accounting and budgeting procedures have been completed cn the above listed claims as shown on Paces 1 through -- and dated DECEMBER 11 ,4 19 85 and that payments should be made to the respective vendors in the amounts set opposite ppo s �e their names with the total amount $ 950,600.24 _ DATED THIS 11th DAY OF DECEMBER , 19 85 7 • WELD CO'�i Y IWA; OFFICER . SUBSCRIBED AND SWORN TO BEFORE ME THIS 11th DAY OF DECEMBER 1985 . MY COMMISSION EXPIRES: My Commission Expires June 8. 1986 NOSY/ �� 1 STATE OF COLORADO ) COUNTY OF WELD ) ss . We, the Board of County Commissioners of Weld County, Colorado, hereby (approve) (d`sannrove) the claims as set forth above; and warrants in payment therefore are hereby ordered drawn upon the GENERAL FUND totaling 5950,600.24 Ch ; person amber ATTEST: . County Cleik & Recorder/ Member -- C 22t -e1 Me:,D De uty >1 Y..`r?., r MONTHLY PAYROLL HANDWRITE APPROVAL FORM WARRANT WARRANT NUMBER PAYEE AMOUNT t 12024 HAUER, JIM L. 140.89 NUMBER OF WARRANTS 1 TOTAL 140.89 THE AMOUNT OF THESE HANDWRITES WILL BE INCLUDED IN THE MONTHLY PAYROLL TOTAL ON DECEMBER 11. 19 85 - WELD COUNTY, COLORADO PAGE 1 PAYROLL FUND CLAIMS V.O. AMOUNT WARRANT NO. P.O. NO. VENDOR 425:19 12023 46103 , BETTY GAVALDON TOTAL 5425.19 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 DECEMBER 11th 19 85 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 425.19 _ s DATED THIS 11th DAY OF DECEMBER , 19 85 . . WELD T ICtR SU6SCRIBED AND SWORN TO BEFORE ME THIS 11th DAY OF DECEMBER 19 85. Y COMMISSION EXPIRES: My Commission Expires June 8. 1986 �A iS - l NOT R PU IC STATE OF COLORADO ) COUNTY OF WELD ) ss - We, the Board of County Commissioners of Weld County, Colorado, hereby (approVe) ( sapprove) . the claims as set forth above; and warrants in payment therefore are hereby crdered drawn upon the _ PAYROLL FUND totaling 5425.19 . Ch erson ATTEST: . e ,per . • rr Member 622 Con Cikrk & Recorder . _ R,_At �/ Member, ?"/ /,/, ,,, M.skier WELD COUNTY, COLORADO PAGE 1 GENERAL FUND CLAIMS • V.O. WARRANT NO. P.O. NO. VENDOR AMOUNT 901982 47150 CIBOLO MANUFACTURING INC $59,300:00 TOTAL t59,300.00 _ 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 -- and dated DECEMBER 11 19 85 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 59,300.00 DATED THIS 11th DAY OF DECEMBER 1985 • WELD 0 . F N . FIctR SUSSCRi3ED AND SWORN TO BEFORE ME THIS 11th DAY CF DECEMBERV 1485 MY COMMISSION EXPIRES: My Commission Expires June 8 1986 • NOTARefirSii ;Liza/ LIC STATE OF COLORADO ) COUNTY CF WELD ) ss We, the Board of County Commissioners of Veld County, Colorado, hereby (approve) [disapprove) the claims as set forth above; and warrants in parent therefore are hereby ordered drawn upon the GENERAL FUND totaling $59,300.00 Ch erson kmicy ATTEST: emcer County Ciark & Recorde Member -rui�y MP ' er / „ ilvemsar _ /r STATE OF COLORADO ) ) SS COUNTY OF WELD ) SOCIAL SERVICES CLAIMS THIS IS TO CERTIFY THAT ALL ACCOUNTING AND BUDGETING PROCEDURES HAVE BEEN COMPLETED ON THE FOLLOWING LISTED CLAIMS AND THAT PAYMENTS SHOULD BE MADE TO THE RESPECTIVE PAYEES IN THE AMOUNTS SET OPPOSITE THEIR NAMES AS CERTIFIED BY THE DIRECTOR OF THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES. THE AMOUNTS BY CATEGORY ARE AS FOLLOWS: TOTAL WARRANTS CLAIMS AMOUNT ADC ADC-U IV-D OAP AND IRA AB GA MED. TRANS. ADM SERVICES 124 CHILD WELFARE 111,668.20 PAC DC LEAP OAP SUBTOTAL OAP SS 124 SUBTOTAL SS 111,668.20 GRAND TOTAL 111,668.20 • DATED THIS 11th DAY OF December , 1985 . DIRE 0 0 FT. ADMIN STRATTON SUBSCRIBED AND SWORN TO BEFORE ME THIS 11th DAY OF December , 1985 1 Y 1�il NOTARY PURL MY COMMISSION EXPIRES: My Commission Expires June 8, 1986 STATE OF COLORADO ) ) SS. . . • COUNTY OF WELD ) WE, THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, HEREBY APPROVE THE CLAIMS AS SET FORTH ABOVE AND WARRANTS IN PAYMENT THEREFORE ARE HEREBY DRAWN UPON THE SOCIAL SERVICES FUNDS AND CHARGEABLE AS STATED: • ATTEST: 111 2tc"4oAtL Slot - WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD J D UTY COUNTY CLERK DATE PRESENTED: /4/1/( 2S- - • • • • • • • • • • • • • • • • • • • • • • : 41 VI VI NI ,n VI Ln vl VI £ _ I-- I- .. P. P. r w P. P. Z SD IC Na Na Na N Na Na Ni N Na G 70 'D N Ni Na Na Na Na Na Na Na i A NO Na Na Na Na Na Na Na P. P. 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O �I !Z! r0 z f . \ • m n \\\ Kcn • ♦ • • • • • • 0 • • 0 0 0 • 0 41 • • • • 0 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 11, 1985 TAPE #85-104 & #85-105 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, December 11, 1985, 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 - Excused Commissioner Gene Brantner, Pro-Tem Commissioner C.W. Kirby Commissioner Gordon Lacy Commissioner Frank Yamaguchi Also present: Assistant County Attorney, Lee D. Morrison Acting Clerk to the Board, Tommie Antuna MINUTES: Commissioner Lacy moved to approve the minutes of the Board of County Commissioners meeting of December 4, 1985, as printed. Commissioner Yamaguchi seconded the motion and it carried with Commissioner Kirby abstaining because he was not present at that meeting. Commissioner Kirby moved to approve the minutes of the Board of County Commissioners meeting of December 9, 1985, as printed. Commissioner Lacy seconded the motion and it carried with Commissioner Yamaguchi abstaining because he was excused from that meeting. ADDITIONS: There were no additions to today's agenda. CONSENT AGENDA: Commissioner Lacy moved to approve the consent agenda as printed. Commissioner Kirby seconded the motion and it carried unanimously. DEPARTMENT HEADS AND ELECTED OFFICIALS: Sheriff Harold Andrews was not present. Don Warden, Finance Director, reviewed the 1985 activities in the Purchasing, Accounting, Printing, and Finance Departments. Mr. Warden also made comments about Revenue Sharing, the Library District, and Mortgage Revenue Bonds. He said the Administrative Manual is being updated and will be presented to the Board next week. Mr. Warden commented on the Energy Impact Grants received by the County this past year and capital public works. He also reported on activities in Office of Emergency Management and Personnel Departments. The Board commended Mr. Warden for the fine lob he has done. WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $517,170.91 Social Services 131,731.78 Handwritten warrants: (December 6, 1985) General fund 4,000.00 Handwritten warrants: (December 11, 1985) General fund 59,300.00 Payroll 425.19 Commissioner Lacy moved to approve the warrants as presented by Mr. Warden. Commissioner Kirby seconded the motion which carried unanimously. BIDS: PRESENT SOUTH COUNTY RADIO TOWER - COMMUNICATIONS: Bette Rhoden, Purchasing Director, said this matter is to be held over for the bids to be opened December 31, 1985. PRESENT BITUMINOUS PAVEMENT MIX/ASPHALT, 1986 - RD. & BRIDGE: Ms. Rhoden read the names of the bidders and the amount bid by each into the record. She said this will be considered for approval on December 23, 1985. PRESENT MILK BID - YOUTH SHELTER & HUMAN RESOURCES: Ms. Rhoden read the bidders' names and amounts bid into the record. This item is to be considered for approval on December 23, 1985. APPROVE CHEMICALS — RD. & BRIDGE: Ms. Rhoden said this item had been presented to the Board on November 27, 1985, to be considered for approval today. She read the names of the bidders and the amount each had bid into the record. Ms. Rhoden recommended that the low bid of $15,079.60, submitted by American Fertilizer and Chemical Company, of Eaton, be accepted. Commissioner Lacy moved to approve the bid of $15,079.60, submitted by American Fertilizer and Chemical Company. The motion was seconded by Commissioner Kirby and carried unanimously. APPROVE SIGN MATERIALS - RD. & BRIDGE: Ms. Rhoden, after reading the names of the bidders and the amounts bid into the record, recommended that the Board accept the low bid of $6,078.58, which was submitted by U.S. Standard Sign Company, of Toledo, Ohio. Commissioner Lacy moved to accept the bid of $6,078.58 submitted by U.S. Standard Sign Company. Seconded by Commissioner Kirby, the motion carried unanimously. BUSINESS: NEW: CONSIDER REQUEST TO WAIVE BID PROCEDURE FOR GIL AND GAS LEASE ON Si S12, T5N, R65W, FROM CACHE EXPLORATION, INC. AND CONQUEST OIL: Mike Armstrong, representing Cache Exploration, came forward to answer questions of the Board. Mr. Armstrong said this parcel contains five acres. Commissioner Kirby moved to waive the bid procedure and accept the lease proposal from Cache Exploration, Inc. and Conquest Oil on the above described parcel. The motion, seconded by Commissioner Lacy, carried unanimously. CONSIDER RESOLUTION RE: APPOINTMENTS AND REAPPOINTMENTS TO COMMUNICATIONS ADVISORY BOARD: Commissioner Kirby moved to approve the Resolution concerning the appointment of Gary Sandau and Anthony Onorato, and the reappointment of Doug Melby, Jack Hurst and Dave Becker to the Communications Advisory Board. Commissioner Lacy seconded the motion which carried unanimously. Minutes - December 11, 1985 Page 2 do CONSIDER RESOLUTION RE: CANCELLATION OF SOCIAL SERVICES WARRANTS FOR MONTH OF NOVEMBER, 1985, IN AMOUNT Resolu OFn 10, 007.0 : Commissioner Lacy moved to approve this • e cancellation of the Social Services warrants. Commissioner Kirby seconded the motion and it carried unanimously. CONSIDER RESOLUTION RE: AUTHORIZATION FOR TREASURER TO ESTABLISH IGS - PHONE SERVICE FUND: Mr. Warden said this fund, which must be created by Resolution, is to be established by the Treasurer for financing and administration of the IGS -- PBX Phone Service Fund. Commissioner Lacy moved to approve the Resolution authorizing the Treasurer to establish the IGS - Phone Service Fund. Seconded by Commissioner Kirby, the motion carried unanimously. PLANNING: RE #804 - FUXA: Gloria Dunn, Planning Department representative, said the applicant had called to inform her that he would be late, so she asked that this matter be heard later in the meeting. The Board agreed to this request. RE #816 - GUILDNER: Ms. Dunn advised the Board that the applicant had requested that this matter be continued for one week in order to obtain additional information. Commissioner Lacy moved to continue this matter to December 18, 1985. The motion was seconded by Commissioner Kirby and carried unanimously. ZONING VIOLATION - MAVITY: Keith Schuett, representing the Planning Department, asked that this be heard later in the meeting because the Mavitys called and said they will be late. The Board agreed to this request. BUILDING CODE VIOLATION - ROSKOP: Bob Huffman, Planning Department representative, said George and Helene Roskop are in violation of Sections 70.4 and 70.4.1 of the Building Coin Ordinance, electrical inspections required. He said the Roskops had called for an electrical inspection and the inspection is being done today. Mr. Huffman said he had received a letter from Mr. Roskop saying that the septic system on the property has not yet been approved. According to the records in the office, the septic system was approved January 4, 1985, but after checking with the Health Department, he found that this information was incorrect, and the system has not been approved. Wes Potter, representing the Health Department, said the system is not acceptable at this time. Tom Wodtke, Field Inspector for the Health Department, came forward to answer questions of the Board. The Roskops were neither present nor represented. Following discussion, Commissioner Kirby moved to refer the Building Code Violation against George and Helene Roskop to the County Attorney, with the Resolution to include both the electrical and septic system violations. Commissioner Lacy seconded the motion which carried unanimously. BUILDING CODE VIOLATION - LEHNERT: Mr. Huffman presented this matter to the Board. He said Monrico and Althea Lehnert do not have the building permits, which cannot be issued until approval of the septic system is received from the Health Department. The recommendation of the Planning staff is to refer this matter to the County Attorney to proceed with legal action. Monrico Lehnert came forward to answer questions of the Board. Fe said he has been trying to resolve this matter, but due to illness in the family, he has been unable to come into compliance. Mr. Lehnert requested additional tine to accomplish the necessary work. Wes Potter, of the Health Department, made comments concerning the septic system. Fe said his department has no problem with granting additional time. Commissioner Kirby moved to continue this Building Code Violation against Monrico and Althea Lehnert for 60 days, and if not in compliance within 60 Minutes - December 11, 1985 Page 3 days, this matter shall be referred to the County Attorney. Seconded by Commissioner Lacy, the motion carried unanimously. REPLAT OF SUBDIVISION — LLTIDVALL: Lee Morrison, Assistant County Attorney, made this matter of record. Mr. Morrison said the request is for a resubdivision of Lots 1 and 2, Arrowhead Subdivision, Fourth Filing. He explained that no hearing nor publication is required for a replat of a subdivision, although it must go before the Planning Commission for its recommendation. Gloria Dunn read the favorable recommendation of the Planning Commission into the record, along with the recommended conditions. (TAPE CHANGE #85-105) Ms. Dunn said the applicant has complied with Condition 4-B, and the Planning staff requests that a second note be added to the resubdivision plat which states: "No building permits shall be issued for the subject lots until Kiowa Drive meets completion standards, as set forth in the Subdivision Improvements Agreement, dated November 26, 1985, and approved by the Board of County Commissioners." Steve Lundvall came forward to answer questions of the Board. Commissioner Kirby moved to approve the replat of this subdivision for Steve Lundvall, subject to the recommended conditions of the Planning Commission and Planning staff. Commissiorer Yamaguchi seconded the motion and it carried unanimously. RE #804 - FUXA: Ms. Dunn said a representative is now present concer.iing this matter. She said the request for Recorded Exemption #804 was submitted by Thomas and Evelyn Fuxa, with the property being sold to Stanley Dakolios. Ms. Dunn said the reco'.mnendation of the Planning staff is for denial and she stated the reasons for said recommendation. She said Lot B was part of Recorded Exemption #439 in 1980. The staff recommends that Mr. Dakolios apply for a Subdivision Exemption for financing purposes only, and also a Zoning Permit for an accessory dwelling. Stanley Dakolios came forward to answer questions of the Board. Re said that he had purchased the subject property in October, 1985, and explained why he is requesting a Recorded Exemption. Commissioner Lacy said he has a problem with the Board granting this Recorded Exemption. Commissioner Kirby disagreed, saying that the end result would be the same. Following considerable discussion, Commissioner Kirby moved to approve Recorded Exemption #804 for Stanley Dakolios. Commissioner Brantner seconded the motion and after further discussion, a roll call vote was called for with Commissioners Brantner, Kirby and Yamaguchi voting aye and Commissioner Lacy voting nay. ZONING VIOLATION - MAVITY: Keith Schuett advised the Board that the Mavitys are now present. He then presented this matter to the Board, saying that Fay and Betty Mavity are in violation of Sections 31.2.16 and 43 of the Zoning Ordinance, mobile home without permits. The Planning staff recommendation is to refer this matter to the County Attorney to proceed with legal action. Betty Mavity came forward to answer questions of the Board. She requested that this violation be withdrawn. She said they had purchased the property with the mobile home on it, not realizing that the proper permits had not been obtained. After discussion, Commissioner Kirby moved to allow the Mavitys 60 days in which to obtain the proper permits and waive all fees. The motion was seconded by Commissioner Lacy and 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. Minutes - December 11, 1985 Page 4 There being no further business, this meeting was adjourned at 10:35 A.M. APPROVED: ATTEST: f' LA.". ails i ry BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF MEETING and Clerk to the Boar Jacqueline Johnson, Chairman BS, /,71, � a--1 �/ �� EXCUSED DATE OF SIGNING ,Deputy County C erk Gene R. Brantner, Pro-Tem C.W.W. K rbrb Goo dbti F a 5. c ' Minutes - December 11 , 1985 Page 5 RECORD OF PROCEEDINGS AGENDA Monday, December 16, 1985 Tape #85-105 ROLL CALL: Jacqueline Johnson, Chairman Gene Brantner, Pro-Tem C.W. Kirby Gordon Lacy Frank Yamaguchi MINUTES: Approval of minutes of December 11, 1985 (Chairman Johnson excused) CERTIFICATIONS OF HEARINGS: Hearing conducted on December 4, 1985: 1) Show Cause Hearing - Teter (Commissioners Brantner & Kirby excused) There were no hearings conducted on December 11, 1985 ADDITIONS TO AGENDA: Added as a Presentation: 1) Recognition of Service - Library Board members APPROVAL OF CONSENT AGENDA: COMMISSIONER COORDINATOR 1) Communication Services - Kirby REPORTS: 2) Engineering Services - Brantner 3) Health Services - Lacy 4) Planning Services - Yamaguchi 5) Purchasing & Personnel - Johnson COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BUSINESS: OLD: 1) Consider request from Tom Ball to vacate easement - Barnesville (Nov. 18) NEW: 1) Consider disbursement of monies for Veterans Service for November, 1985 2) Consider Resolution re: Cancellation of Health Insurance Fund warrants, in amount of $838.58 • 3) Consider Resolution re: Reappointment of Dennis Gesterling and Rhonda Giles to Board of Adjustment 4) Consider Corrected Resolution re: Zoning Violation - Green & Underhill 5) Consider Agreement between Housing Authority and Dept. of Social Services and authorize Chairman to sign 6) Consider Resolution re: Direct Clerk to Board to have published Ordinance #133-C, Supplemental Appropriation for 1985 7) Consider request to install traffic control devices on WCR 19 at WCR 8 8) Consider Grant of Easement - Construction Leasing Investment Company and authorize Chairman to sign 9) Consider Agreement and Addendum between Aims Community College and Ambulance Service for EMT Training and authorize Chairman to sign 10) Second Reading of Ordinance #119-C Concerning Revision of Weld County Building Code Ordinance 11) Final Reading of Ordinance #88-D - In Matter of Repealing and Re-enacting Ordinance Nos. 88, 88-A, 88-B and 88-C, Regulating the Running At-Large of Dogs AMEMMII CONSENT AGENDA APPOINTMENTS: Dec 16 - Hospital Board 4:30 PM Dec 17 - Housing Authority 11:30 AM Dec 17 - Communications Advisory Board 2:00 PM Dec 17 - Retirement Board 2:15 PM Dec 19 - Community Corrections Board 8:00 AM Dec 24 - HOLIDAY Dec 25 - HOLIDAY Jan 1 - HOLIDAY HEARINGS: Dec 18 — Policy Report under Section 103A 10:00 AM Dec 18 — Tavern Liquor License, LeRoy Sather, dba Streamers 2:00 PM Dec 18 - Show Cause Hearing, Vessels Oil & Gas (cont. from Nov. 13) 2:00 PM Dec 18 - USR, Process & sell forestry products in Agricultural Zone District, Darrel or Tamara Lockman 2:00 PM Dec 18 - USR, Greyhound dog kennel, Gene & Diane Gurley 2:00 PM Dec 18 - USR, Livestock confinement operation, James & Michele Vetting 2:00 PM Dec 23 - Changes to Final PUD Plat, Beebe Draw Land Company • Ltd. - First Filing 9:00 AM Jan 8 - Show Cause Hearing, 31 Disposal (Stan Rech) 2:00 PM Feb 19 - Show Cause Hearing, Arnold & Beverly Teter (cont. from Dec. 4, 1985) 2:00 PM REPORTS: 1) Dept. of Social Services — Statement of Receipts & Expenditures 2) Performance Audit for Planning Department COMMUNICATIONS: 1) Planning Commission minutes of December 3, 1985 2) County Council Resolution and minutes of November 6, 1985 3) Dept. of Highways Newsletter #85-50 4) Colo. Highway Commission re: Federal funded construction projects 5) Board of Assessment Appeals — Notice of Hearings 6) Extension Service News Report 7) Ed Lesh, Jr. — Letter of resignation from Airport Board 8) Henrylyn Irrigation - Two Exclusion Orders 9) Nuclear Regulatory Commission IE Info. Notice #85-93 10) Rosemary Hicks, Letter re: WCR 62 RESOLUTIONS: 1) Approve request to waive bid procedure for Oil and Gas Lease from Cache Exploration, Inc. and Conquest Oil * 2) Approve RE #804 - Fuxa (Dakolios) * 3) Approve Action of Board concerning Zoning Violation - Mavity * 4) Approve authorization for County Attorney to proceed with legal action concerning Building Code Violation - Roskop * 5) Approve Action of Board concerning Building Code Violation - Lehnert * 6) Approve Replat of Subdivision - Lundvall * 7) Approve disbursement of monies for Veterans Service for November, 1985 * 8) Approve cancellation of Health Insurance Fund warrants * 9) Approve Hotel/Restaurant License for Heinz Steinmann, dba Red Steer Restaurant and Lounge * 10) Approve reappointments to Board of Adjustment * 11) Approve Corrected Resolution re: Zoning Violation - Green & Underhill * 12) Approve directing Clerk to Board to have published Ordinance #133-C ORDINANCES: * 1) Final Reading of Ordinance #88-0 - In Matter of Repealing and Re-enacting Ordinance Nos. 88, 88-A, 88-B and 88-C, Regulating the Running At-Large of Dogs 2) Second Reading of Ordinance #119-C Concerning Revision of Weld County Building Code Ordinance PRESENTATION: * 1) Recognition of Service - Library Board members * Signed at this meeting RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 804 - THOMAS J. AND EVELYN M. FUXA (STANLEY DAKOLIOS, PROPERTY OWNER) 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 No. 804 , does not come within the purview of the definition of the terms, "subdivision" and "subdivided land" , and WHEREAS, the request for Recorded Exemption No. 804 was submitted by Thomas J. and Evelyn M. Fuxa for property, currently owned by Stanley Dakolios, which is located in part of the El SEa, Section 2 , Township 2 North, Range 67 West of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A" , said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 5 acres and 71 acres. 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_ r Page 2 RE: RE #804 - FUXA The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of December, A.D. , 1985 _ ti; a- - BOARD OF COUNTY COMMISSIONERS ATTEST:Ins'- ± 1:cdn J�1��v WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Jacqueline Johnson, Chairman EXCUSED DATE OF SIGNING (AYE) BY' 07P-rit- ( 4y, mss,, Gene R. Brantnex, Pro-Tem eputy County Clerk � (AYE) APPROVED AS TO FORM: C.W. K " rbie / (NAY) G d�� La � ou y Attorn� E) Frank a g i RESOLUTION RE: ACTION OF THE BOARD CONCERNING VIOLATION OF THE WELD COUNTY ZONING ORDINANCE - FAY L, AND BETTY J. MAVITY WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Planning Services has informed the Board of County Commissioners that Fay L. and Betty J. Mavity are in violation of Sections 31 .2 .16 and 43 of the Weld County Zoning Ordinance, mobile home without permits, and WHEREAS, the property on which said violation is occurring is described as Lot 7 , Block 30 , Aristocrat Ranchettes, Weld County, Colorado, and WHEREAS, despite repeated requests, said violation has not been corrected, and WHEREAS , the Board, after reviewing the matter and having heard the testimony, deems it appropriate to allow Fay L. and Betty J. Mavity sixty days, until February 11 , 1986 , to obtain said permits , and WHEREAS, the Board deems it advisable that the fees for said permits be waived. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Fay L. and Betty J. Mavity be, and hereby are, allowed sixty days, until February 11 , 1986 , to correct said violation of the Weld County Zoning Ordinance. BE IT FURTHER RESOLVED by the Board that the fees for the necessary permits be, and hereby are, waived. U i Page 2 RE: ZONING VIOLATION - MAVITY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of December, A.D. , 1985 . , 5 1 - BOARD OF COUNTY COMMISSIONERS ATTEST:" t✓J0-� I'z'-CCL'tcilez v. WELD COUNTY, COLORADO LI Weld County Clerk and Recorder EXCUSED and Clerk to the Board Jacqueline Johnson, Chairman EXCUSED DATE OF SIGNING - AYE BY: 6j�-174„.w Gene R. Brantner, Pro-Tem D7puty County rk APPROVED AS TO FORM: C.W. R r La y County Att rn Frank Yamaguc F RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST GEORGE J. AND HELENE A. ROSKOP FOR VIOLATION OF THE WELD COUNTY BUILDING CODE ORDINANCE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Planning Services has informed the Board of County Commissioners that George J. and Helene A. Roskop are in violation of Sections 70 .4 and 70 .4 . 1 of the Weld County Building Code Ordinance, electrical inspections required, and violation of Section 20 .9.6.9 , approval of sewage disposal system required, and WHEREAS, the property on which said violations are occurring is described as the S? NE;, Section 19 , Township 1 North, Range 65 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, despite repeated requests, said violation has not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against George J. and Helene A. Roskop to correct said violations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against George J. and Helene A. Roskop, any other persons occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with them, to remedy the violation of the Weld County Building Code Ordinance. Page 2 RE: BUILDING CODE VIOLATION - ROSKOP The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 11th day of December, A.D. , 1985. �.jf/� -2- BOARD OF COUNTY COMMISSIONERS ATTEST: I' (0.7 (≤&vn . 1 k' d. WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Jacqueline Johnson, Chairman EXCUSED DATE OF SIGNING (AYE) BY: yJ Gene R. Brantner, Pro-Tem eputy County erk eff 1/1(2,7 /1 , n APPROVED AS TO FORM: C.W. Ki b �) G r ac Attorn@y Frank Yama uchi RESOLUTION RE: ACTION OF THE BOARD CONCERNING VIOLATION OF THE WELD COUNTY BUILDING CODE ORDINANCE - MONRICO AND ALTHEA A. LEHNERT WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Planning Services has informed the Board of County Commissioners that Monrico and Althea A. Lehnert are in violation of the Weld County Building Code Ordinance, building permits required, and WHEREAS, the property on which said violation is occurring is described as part of the S', Section 16 , Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, despite repeated requests, said violation has not been corrected , and WHEREAS, the Board, after reviewing the matter and having heard the testimony, deems it appropriate to allow Monrico and Althea A. Lehnert sixty days, until February 11 , 1986 , to correct said violation, and WHEREAS, the Board deems it advisable that if said violation has not been corrected by February 11 , 1986 , this matter shall be referred to Thomas O. David, Weld County Attorney, for appropriate legal action. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Monrico and Althea A. Lehneret be, and hereby are, allowed sixty days, until February 11 , 1986 , to correct said violation of the Weld County Building Code Ordinance. BE IT FURTHER RESOLVED by the Board that if said violation is not corrected by February 11 , 1986 , this matter shall then be referred to Thomas O. David, Weld County Attorney, to proceed with appropriate legal action against Monrico and Althea A. Lehnert, any other persons who may be occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with them, to remedy the violation of the Weld County Building Code Ordinance. Page 2 RE: BUILDING CODE VIOLATION - LEHNERT The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of December, A.D. , 1985. ATTEST � ^ BOARD OF COUNTY COMMISSIONERS i feuzf/'`'e?'`J WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Jacqueline Johnson, Chairman /1 BY. EXCUSED DATE OF SIGNING - AYE� 1t �pJ Gene R. Brantner, Pro-Tem D putt' County erk APPROVED AS TO FORM: C.W. K "r my Attorney Fran 9 amag c RESOLUTION RE: APPROVAL OF REPLAT OF ARROWHEAD SUBDIVISION - STEVE LUNDVALL 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 11th day of December, 1985 , in a public meeting, the Board considered the request of Steve Lundvall for the resubdivision of Lots 1 and 2 , Arrowhead Subdivison, Fourth Filing, and WHEREAS, the Board reviewed the submitted evidence and heard the testimony of those present, and WHEREAS, the Board, having considered the recommendation of the Weld County Planning Commission, finds that the resubdivision request concerning Lots 1 and 2 , Arrowhead Subdivision, Fourth Filing, shall be approved for the following reasons: 1 . The resubdivision conforms with the application requirements of Section 6-4 D. of the Weld County Subdivision Regulations. 2 . The resubdivision conforms with the application requirements of Section 6-4 E. of the Weld County Subdivision Regulations. 3 . The following referral entities have reviewed this request and set forth no objections: a . The Weld County Utilities Coordinating Advisory Committee b. The Greeley Planning Commission c. The Evans Planning Commission d. The Weld County Engineering Department, subject to conditions as listed below. e. The Weld County Health Department f. The Greeley Soil Conservation Service. Page 2 RE: APPROVE REPLAT - ARROWHEAD, FOURTH FILING WHEREAS , the Board' s approval is subject to the following: 1 . The applicant shall place the following notes on the replat prior to recording: A. NOTE: Public access from each proposed lot shall be restricted to Kiowa Drive. B. NOTE: No building permits shall be issued for the subject lots until Kiowa Drive meets completion standards, as set forth in the Subdivision Improvements Agreement, dated November 26 , 1985 , and approved by the Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request for the resubdivision of Lots 1 and 2 , Arrowhead Subdivision, Fourth Filing, be, and hereby is, approved subject to the above listed conditions. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of December, A.D. , 1985. BOARD OF COUNTY COMMISSIONERS lacy- rte' ATTEST: � WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Jacqueline Johnson, chairman EXCUSED DATE OF SIGNING - AYE Gene R. Brantner, Pro-Tem Deputy County erk ,y!/,/^ APPROVVEDrAS TO FORM: C.W. ir•,� /- l �,.. L c sl Co A o neyY� '%: `/� Frank Yamaguc iGi • IV It =, 0 = - G= a 7n Is �- I ,-1c c - ` •iilii - ;_el L. I .' iOI 7 ` Y 0 0 = ... —In ' D r �r. - - . .tit NIrQ ^I =1 .^ kri , C C Y efr a C r k O '•.I � v) C A �• 0 1 1 n l 2, 1 C. ��I _ \ 3 r, c.:l I r 3 — a a. r' rj r _ ! I _ — Ilc � • 'C"1 -_ cc Y 3 .C Cam' i^_ r r X1 '1 • �t c_ rl J 1 1 �� "' 0 c. % a D d r-. Y C - P = - ' - 7 1 = i.. � a o ' p yCD I CD a I.�r-.,JJ' l ;• - = I y c- O :- p = v C - O -1 ^ 'C3 p = e- n\ I.,, r r r a ::1 =� , (� = I 0 ,� 5 a 117 3 r; i ? C R - I o .-a.• r a r W I.- e: c sirK I\. t..rx C C• 0 e p `I I=1 K -�� C I CD A. `� `, ,.., p r C -QC. A X t r o . s c. - ?- r- I I N N u I C t n IP ta a `�` V N h v v w 0r ^" 11 090 r+ C7 r- r „ Vi Q' N W '- N CN I.O �D ^�_.a J R n rc< go m = a ct ; = w p O ICIa'i - 1= 't+ ; Ia; rC r 0 T a -s n1= ..�= -t ‘Ti cc - 2 I r0 a � . � � -:c_r = 2 m ,- .^-r _ n_. r .q n S c. I{r CD O O 7 o" Oi 0 Z n = D co R p 6 ~ c 0 �≤ r 2•• I C 'C - ` . _ a c_ p N o ( _ _ r.:ca t Xv N— - I - J 1n' — MG ._.--• C P - - I - l C_ G a 7 - 1�=I 1~ F+ O_ —i -Sc 1: t } 1-.•t .-... 2 a n I J 1 `.. . � C�c C v a a I2 I7 7- Y C ▪ p ^i O I C C r - - C = w Y C D - R C r' r,...0 to r+ CJ �'-`! < V O S C C CI C K a 1I I. r rt �- 1,. 5 S p i n �\\` c 7 0 G O o N. C - n -n O c t 2. I I I z 7 n O k r - 73' - IN O r• ^ 4 Y r C - 0 zc ,� s a Ih, , - K 3 _ c _ \ � i) e A _ °;r3 - = C.\ — — rD 1 c A c y �- - ' p I 11 C 7 {/} i { 1 JT YI I z _ ;--,L1 ��r g-+ rI �i�I ° N1 C N �p— — 3 =1l]o ][ V r r C• N a — ��I ▪ <Imv, r .,> V rte {�I N r , t- 0 w 0 0 0 Q o ; i . 00 N r I 1 . r 03 RESOLUTION RE: APPROVE CANCELLATION OF HEALTH INSURANCE FUND 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 administeLing the affairs of Weld County, Colorado, and WHEREAS, certain Health Insurance Fund warrants, in the total amount of $838 .58 , have been issued in error or the amounts for which they were drawn have otherwise been changed, and WHEREAS , a list of the specific warrant numbers, dates, names, and amounts is on file with the Accounting Department, and WHEREAS, the Board deems it advisable to approve the cancellation of said warrants. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that those Health Insurance Fund warrants, for the period of May 16 , 1983 , through November 14 , 1984 , in the amount of $838.58 , be, and the same 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 16th day of December, A.D. , 1985 . '� _ .- �, x. BOARD OF COUNTY COMMISSIONERS ATTEST: /( WELD COUNTY, COLORADO Weld County Clerk and Recorder � � \ and Clerk to the Board J. cqu% ine Jo n on, Chairman ' EXCUSED BY: c -ntca.2 ( _ L ./ Gene R. Brantner, Pro-Tem eputy County C erk APPROVED AS TO FORM: C.W. K rb, 7 . L c n At orney Franc Yamagu / j / — y• 757 78 1289 425 4247 467:.__...:.� _ _, r RESOLUTION RE: APPROVAL OF RENEWAL REQUEST FOR HOTEL/RESTAURANT LIQUOR LICENSE ISSUED LUCERNE, COLORADO 80646 RED STEER- EXPIRES ECEMBERR3T 1 AND LOUNGE, , 1986 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Hom e Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and d WHEREAS , Heinz Steinmann, d/b/a Red Steer stars Restaurant o Weld n Lounge, has presented to the Board of County County, Colorado, an application for the renewal of a Hotel/Restaurant Liquor License for the sale of malt, vinous and spirituous liquors for consumption on the premises only, and WHEREAS , pursuant to Weld County Ordinance No. 6 , Section II. , C_ , said applicant has paid the sum of $98 .75 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has exhibited a State License for the sale of malt, vinous and spirituous liquors for consumption 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 Drad that the having Board rd of ounty Commissioners of Weld County, ng does d si application and the other qualifications of the applicant, grant License Number 86-3 to said applicant to sell malt, enoby consumption premises vinous and spirituous liquors for consum tier on the only, only at retail at said location and does the hereby b Chairman rite and direct the issuance of said license by n oClerk and Board of County Commissioners, attested to by the County in Recorder, of Weld County, Colorad , which hchthat license ed ha place ll be in effect until December 31 , 1986 , providing o and spirituous we the licensee is authorized to sllmalt,o vinous shall be conducted liquors for consumption on the premises in strict conformity to all of the laws of the State of Colorado and the rules and regmy lations Commissionerslng thereto, heretofore of Weld County, Colorado, and by the Board of County any violations thereof shall be cause for revocation o£ the license. K Page 2 RE: HOTEL/RESTAURANT LICENSE - RED STEER The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of November, A.D. , 1985. �t- BOARD OF COUNTY COMMISSIONERS ~p ,n,pit ,. WELD COUNTY, COLORADO ATTEST:s�� t}n�� WEXCUSED and County Clerk and Recorder Jacqueline Johnson, Chairman and Clerk to the Board EXCUSED DA \18..Y„: J TE OF SlprolTem AYE /----- Gene R. Brantner, eputy County C erk APPROVED AS TO FORM: C.W. K r . L /- y ounty Attorney F n am c y I ii...:, ,, , ,` \tI' Lei - „ ) `..,:, /.. 'T "fit,.;-::::4 • Oll - tr-- . ) a ( r�g.t 4 iJ3! �1.a��" STATE CAPITOL ANNEX }' ! r-'0/1zth4 1375 SHERMAN STREET ` 1�I DENVER COLORADO 80261 • , Imo"Htst c- } • (c• i 1r• f .. LIQUO3 LICENSE r �l 1 e; r' Ij' LICENSE EXPIRESif l 1 / lit -`VIE LM[NSE NVNI.ERFOR _ - _ L,AYUTT-NEORMATIOE— . ALL REFERENCE COUNTY CITY INCNST. TIE. LIABILITY PATE / / 1 !ri1 TYPE NAME AND DESCRIPTION OF LICENSE FEE �r :)i • J .;7Y/f' 1l Ie TY c . _ K * ...,� TOTAL FEEISI 5 - pt"r ' ) 4 R', ,ttF I -•'_ ', THIS LICENSE IS ISSUED SUBJECT TO THE LAWS OF THE STATE OF COLORADO -' . - ( 4Rr11 AND ESPECIALLY UNDER THE PROVISIONS OF TITLE 12, ARTICLE 47, CRS 1973, r S 1 , ,tt AS AMENDED. /1 THIS LICENSE IS NON-TRANSFERABLE AND SHALL BE CONSPICUOUSLY POSTED / r;r IN THE PLACE ABOVE DESCRIBED,ANY INFORMATION CHANGES TO THE LIQUOR �-Y- \yt1'i I LICENSE INVOLVING OWNERSHIP OR FINANCIAL INTEREST IN THE LICENSED / 1 - PREMISES MUST BE REPORTED, WITHIN 10 DAYS, IN WRITING TO THE DEPART- ._ 1 MENT OF REVENUE, LIQUOR ENFORCEMENT DIVISION, STATE CAPITOL ANNEX, ( F ' 137S SHERMAN STREET,DENVER,COLORADO 80261. >• t f IN TESTIMONY WHEREOF,I HAVE HEREUNTO SET MY HAND AND t � !1 _ Ills • , SEAL_ DEC 0 5 798s tt i • L I1AJ b �/- � ,L,.-. \ti+. 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F� 2-15 ` f >1 » ?« . » ? 2 ° « < RESOLUTION RE: REAPPOINTMENT OF DENNIS GESTERLING AND RHONDA GILES TO BOARD OF ADJUSTMENT A 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, several vacancies currently exist on the Weld County Board of Adjustment, and WHEREAS, it has been recommended that Dennis Gesterling and Rhonda Giles be reapointed to said Board, with their terms to expire December 31 , 1988 , and WHEREAS, the Board deems it advisable to reappoint the above named individuals to the Weld County Board of Adjustment. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Dennis Gesterling and • Rhonda Giles be, and hereby are, reappointed to the Weld County Board of Adjustment, with their terms to expire December 31 , 1988. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of December, A.D. , 1985 . Z1�n K TQ.UQi�f°— J BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, OLORADO Weld County Clerk and Recorder and Clerk to the Board J_cque ne J son, C airman EXCUSED Gene R. Brantner, Pro-Tem eputy County C rle k �� APPROVED AS TO FORM: C.W. ir/ J _ G Lam Cey/i \County Attorney Fran Yamaguch CORRECTED RESOLUTION RE: APPROVE CORRECTION TO RESOLUTION RE: ZONING VIOLATION - RUDOLPH AND RAYMOND GREEN AND JOHN AND LAURAH UNDERHILL 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 11th day of September, 1985 , the Board did, by Resolution, refer a Zoning Violation occurring on property located on Part of the SE;, Section 17 , Township 1 North, Range 67 West, Weld County, to the Weld County Attorney to proceed with legal action, and WHEREAS, due to a typographical error, said Resolution stated that the violation was against Rudolph and Raymond Green and John and Laurah Hill, and should be corrected to read Rudolph and Raymond Green and John and Laurah Underhill, and WHEREAS, the Board deems it advisable to approve the correction to the Resolution of September 11 , 1985. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the correction to the Resolution of September 11 , 1985 , be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that Thomas O. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against Rudolph and Raymond Green and John and Laurah Underhill, any other persons occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with them, to remedy the violation of the Weld County Zoning Ordinance. Page 2 RE: CORRECTED RESOLUTION - GREEN AND UNDERHILL The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 16th day of December, A.D. , 1985 . fi BOARD OF COUNTY COMMISSIONERS ATTEST ^ U �stiv i � WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board ine Joh n, Chairman EXCUSED gam; 0-71(-7Y-4.-C,9 ( G Gene R. Brantner, Pro-Tem Deputy County Cl rk APPROVED AS TO FORM: C.W. Kir Gor acy //' � tier— �' iaz - erinty Attorney Fra c Yamagu S RESOLUTION RE: DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED ORDINANCE NO. 133-C, SUPPLEMENTAL APPROPRIATION FOR 1985 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 , on the 16th day of December, 1985 , reviewed Ordinance No. 133-C, Supplemental Appropriation for 1985 , and WHEREAS, it was determined by the Board that the Clerk t h to the Board be directed to have published Ordinance No. 3 Supplemental Appropriation for 1985 . NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Clerk to the Board be, and hereby is, directed to have published Ordinance No. 133-C, Supplemental Appropriation for 1985 , said publication to be December 19 , 1985. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 16th day of December, A.D. , 1985. J',n �C �_ WELD BOARD COUN COUNTY TY, LO DOCOMMISSIONERS ATTEST V_Zw t d^M : .U`'n' A.c.L u Weld County Clerk and Recorder J:c ue ne Jo n on, C airman and Clerk to the Board g / EXCUSED \ / Gene R. Brantner, Pro-Tem SX: 6YY--in-c a i l / l eputy County Clerk APPROVED AS TO FORM: C.W. Ki r y / 1 County Attorney Fra am i - AR203b105 ORDINANCE NO. 88-D IN THE MATTER OF REPEALING AND RE-ENACTING ORDINANCES NUMBERS 88 , 88-A, 88-B, AND 88-C: REGULATING THE RUNNING AT-LARGE OF DOGS; Co o PROVIDING FOR SEIZURE, IMPOUNDING, AND OTHER DISPOSITION THEREOF; AND PROVIDING FOR FINES AND PENALTIES FOR VIOLATIONS_ -io 0 a BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY 0 3 OF WELD, STATE OF COLORADO: ox yr wQ WHEREAS, on the 13th day of July, 1981 , the Board of County o Commissioners of the County of Weld, State of Colorado, adopted w Ordinance No. 88 , regulating the running at-large of dogs; c a providing for seizure, impounding, and other disposition thereof; a and providing for fines and penalties for violations, and � x WHEREAS, said Board amended Section 3 of Ordinance No. 88 , to a concerning impoundment, by adopting Ordinance No. 88-A on November 2 , 1981 , and said Ordinance No. 88-A became effective on November r- H 10 , 1981 , and Cw CN co WHEREAS, said Board amended Section 4 of Ordinance No. 88, a concerning charges for impoundment of dogs running at-large, by to adopting Ordinance No. 88-B, on December 13, 1982 , and said o w Ordinance No. 88-B became effective on January 1 , 1983 , and 0 2 WHEREAS, said Board amended Section 4 of Ordinance No. 88 , by adopting Ordinance No. 88-C on December 5 , 1983 , and r WHEREAS, said Board desires to repeal Ordinances Numbers 88 , a X 88-A, 88-B, and 88-C, and to re-enact them to read as follows: h a W osa r+ SECTION 1 . RUNNING AT-LARGE W Cv It shall be unlawful for the owner or any person having custody of any dog to allow, suffer, permit, or sanction the running at-large of said dog without the accompaniment of said owner or person having custody of the dog within the County of Weld, except said portions of said County which are within the city limits of any incorporated municipality within said County. As used herein, the following words have the following meanings: ORDINANCE NO. 88-D PAGE 2 a. "Running at-large" - off the premises of the owner and not under control of the owner. o V b. "Owner" - any person, partnership, or corporation 0 owning any dog(s) , or having the same in his, her N p or its care, custody or control; or who shall v cause, encourage, or suffer the same to remain on their premises for a period of three days or more. q 0 c. "Premises" - real property owned, rented, leased, o used, kept, or occupied by a person or persons, a (4-w partnership, a corporation or governmental unit howsoever described. V a, a d. "Control" - physical restraint by use of leash, or a containing device. c e. "Leash" -- a thong, cord, rope, chain, or similar device which is capable of holding a dog(s) within. Lc) E-1 co C.) r z f. "Containing device" - a pen, cage, motor vehicle, H or similar device which is capable of holding a N F dog(s) within. N CO g. "Daylight hours" - one-half hour before sunrise w until one-half hour after sunset. 1/40 z h. "Livestock" - any bovine animal, horse, mule, ass, o a sheep, goat, fowl, or swine. m cc A. A dog(s) shall be deemed to be running at-large when off a z or away from the premises of its owner and not under the Lfl CO control of such owner. rn co `z B. It shall be deemed that a dog (s) is not under the m w control of its owner when the dog (s) inflicts damage or injury to the person or property of another or by harassing, chasing, or attacking people, livestock (or worrying livestock as defined in §35-43-126, CRS) , or wildlife, except in the defense of the owner, his family, or property. C. Control as defined shall not apply to dogs while actually working livestock, locating or retrieving wild game in season for a licensad hunter during daylight ORDINANCE NO. 88-D PAGE 3 r hours, or assisting enforcement officers, or while cr.) actually being trained for any of these pursuits. 0 m o V SECTION 2. HUMANE SOCIETY a 3 The Humane Society of Weld County shall have the c responsibility, under this Ordinance, and in accordance with a contract which shall be entered into between the Board of County a Commissioners and the Humane Society, for picking up dogs running cc o at-large and impounding them. o ki rnx SECTION 3. IMPOUNDMENT v a Upon the execution of a contract between Weld County and the Ln Humane Society of Weld County, it shall be the duty of the Humane Q 0 Society of Weld County to seize and impound any and all dogs found r- z running at-large without accompaniment of owner or any other person having control of the dog within any part of Weld County, " E" Colorado, except within the city limits of any incorporated a municipality in said County. 111 o w If any animal is found running at-large or off the premises of the owner or keeper in violation of this Ordinance, or when any • z such animal is followed back to the premises, it may be taken up O2" '4 and impounded and/or the owner or keeper of the animal may be >, fined as provided hereafter. Those persons who have the authority w < to enforce the provisions of this Ordinance may pursue any CC X at-large dog across private property without liability for to trespass. rnco o o xiw SECTION 4 . CHARGES FOR IMPOUNDMENT When any dog has been picked up for impoundment, notice of such impoundment shall be given to the owner, if known, who may thereupon recover possession of such dog on payment of the cost of impoundment. The basic cost of impoundment shall be twenty dollars ($20 . 00) for the first two days or portion thereof during which a dog is impounded and an additional seven dollars ($7.00) for each day thereafter. However, if the same owner, or members of his immediate family, has redeemed the same dog from the designated impounding facility within the preceding twelve (12) months, the redemption fee shall be forty dollars ($40 .00) . No ORDINANCE NO. 88-D PAGE 4 owner may recover possession of such dog until payment of the cost 0 o of impoundment is made. O o In addition to the basic impoundment fees, any impounded dog ✓ shall not be released until such animal has been duly vaccinated a• for Rabies. Upon receipt of an immunization (Rabies) deposit of ow fifteen dollars ($15 .00) , however, such animal may be released in O order that it may be immunized. Upon proof that such animal has O x been duly immunized within ten (10) working days after such A release, the immunization deposit shall be refunded to the o animal ' s owner. o rn a v. SECTION 5 . ADOPTION AND DESTRUCTION a Any dog which shall have not been redeemed within forty-eight a (48) hours from the time of such impoundment, may at once be put 0 U up for adoption in accordance with the normal procedure of the r z director of the impounding facility. Any owner or keeper of a dog who does not claim or redeem said dog within the forty-eight (48) NE-. hour impounding period shall forfeit all right, title, and T-icn interest in said dog. Any dog which has not been redeemed or adopted as herein provided, or any dog which is ill or in pain as ow determined by the director of the impounding facility, may be fr.,o humanely destroyed under the direction of the director of the en o z impounding facility and removed and buried or cremated , providing N < that no dog shall be put up for adoption or destroyed until the z owner has been notified either orally or in writing, if the whereabouts of such owner is known or can be ascertained from a license tag or other identification found on the dog. LC1U1 C71 CO � SECTION 6 . NON-LIABILITY mw The Weld County Sheriff, the Board of County Commissioners, their assistants and employees, the Humane Society of Weld County, and staff thereof, and any person enforcing the provisions of this Ordinance shall not be held responsible for any accident or subsequent disease that may occur in connection with the administration of this Ordinance. ORDINANCE NO. 88-D PAGE 5 SECTION 7 . VIOLATIONS AND PENALTIES r- O Any violation of this Ordinance, not involving bodily injury oc� to any person, shall be a Class II petty offense punishable by a fine or not more than $300 .00 or imprisonment in the County jail In o for not more than ninety (90) days or both such fine and o imprisonment for each separate offense. o w O3 o a SECTION 8 . COUNTY DOG CONTROL OFFICERS yr a The Sheriff, Undersheriff, or any deputy sheriff, or any o3 officer, agent or employee of the Humane Society of Weld County, if such Society is under contract with Weld County, shall have the i authority to enforce the provisions of this Ordinance and within d the meaning of §30-15-102 (3) , CRS, as amended, shall be considered a county dog control officers. w co v Whenever a county dog control officer has personal knowledge of any violation of this Ordinance, he may issue a citation or Z ,e-ir; summons and complaint to the violator, stating the nature of the -;;; r4 violation with sufficient particularity to give notice of said r r4 charge to the violator. c> m w SECTION 9. PENALTY ASSESSMENT AND SCHEDULE M Z N z Notwithstanding the provisions of Section 7 hereof, the O person charged with one or more of the violations of this o a Ordinance shall have the option of paying the below specified a Z penalty assessments therefor to the Weld County Treasurer in lieu of further proceedings or defense of such violation in Court, or 111 kt, c, 00 of appearing in Court to defend such charge. If such person elects to appear in Court, he shall be proceeded against as otherwise provided by law for the violations charged and shall be G. subject to the penalties provided in Section 7 hereof if found guilty of such charge. In the event a person elects to pay the prescribed penalty assessment as permitted herein, such payment shall constitute an acknowledgment of guilt by such person of the offense charged and shall be deemed a complete satisfaction for such violation and upon accepting the prescribed penalty assessment, the Weld County Treasurer shall issue a receipt to the violator acknowledging payment thereof. The penalty assessment may be accepted and paid by the violator under the privileges of this Section shall be as follows: ORDINANCE NO. 88-D PAGE 6 P oU O 1/40O U o Dog Running At-Large o o First Offense - $25 .00 O Second Offense - $50 . 00 `" p Third Offense - S200 .00 Four or More Offenses - The penalty assessment shall o not apply and the violator sX shall be prosecuted under the provisions of Section 7 upon tr w the issuance of a Summons to Appear. w tna N U z SECTION 10 . OFFENSES INVOLVING BODILY INJURY r-41-1 E-1 Any offense involving bodily injury to any person by a dog x shall be a Class II misdemeanor and any violator shall be punished as provided in §18-1-106 , CRS, for each separate offense as OW provided below: w M z Minimum Sentence - 3 months imprisonment, or $250 .00 ro a fine, or both O w Maximum Sentence - 12 months imprisonment, or $1 ,000 .00 a fine, or both to rnm SECTION 11 . SAFETY CLAUSE mw The Board of County Commissioners of Weld County, Colorado, hereby finds, determines, and declares that this Ordinance is necessary for the health, safety, and welfare of the citizens of Weld County, Colorado. WHEREAS, the effective date of this Ordinance No. 88-D shall be January 1 , 1986. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that Ordinance Numbers 88 , 88-A, 88-B, and 88-C are hereby repealed and re-enacted as stated herein, effective January 1 , 1986 . BE IT FURTHER ORDAINED by said Board that all Summonses and Complaints issued prior to January 1 , 1986 , pursuant to Ordinance No. 88 , as amended, shall be prosecuted under Ordinance No. 88 , as ORDINANCE NO. 88-D PAGE 7 N O o v amended. All Summonses and Complaints issued after January 1, NO 1986 , pursuant to Ordinance No. 88-D, shall be prosecuted under o this Ordinance 88-D. 0 w The above and foregoing Ordinance No. 88-D was, on motion c: - duly made and seconded, adopted by the following vote on the 16th o a day of December, A.D. , 1985 . w 0 c4 r • BOARD OF COUNTY COMMISSIONERS OU• ATTEST: ` ax-v WELD COUNTY, COLORADO x (J'S" rn Weld Country EieJk, an corder and Clerk by 86 acg ine son, Chairman , 74 . EXCUSED In • y eJ CO U utYtlrt cl k Gene R. Brantner, Pro-Tem 11 �t r- z APPROV D cN1 . AS TO F�1] N, cEn ,7� ^ C. _ it „z� 0 County Attorney o t4 G acy 1/40 m z < Fra a u O N fa a FIRST READING: November 18 , 1985 u co FIRST PUBLICATION: November 21 , 1985 , in the Johnstown Breeze s a c, co m - SECOND READING: December 2 , 1985 m w SECOND PUBLICATION: December 5, 1985 , in the Johnstown Breeze FINAL READING: December 16 , 1985 FINAL PUBLICATION: December 19 , 1985 , in the Johnstown Breeze EFFECTIVE DATE: January 1 , 1986 n ea at ,-) ORDINANCE NO. 119-C IN THE MATTER OF AN AMENDMENT TO ORDINANCE NO. 119, WELD COUNTY BUILDING CODE ORDINANCE, REVISING CERTAIN PROCEDURES, TERMS, REQUIREMENTS, AND INCORPORATING BY REFERENCE CERTAIN PORTIONS OF THE UNIFORM BUILDING CODE, 1985 EDITION; UNIFORM MECHANICAL CODE, 1985 EDITION; NATIONAL ELECTRICAL CODE, 1984 EDITION, UNIFORM PLUMBING CODE, 1985 EDITION; UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1985 EDITION; THE UNIFORM SWIMMING POOL CODE, 1985 EDITION, AND APPENDICES TO ALL UNIFORM CODES. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners has the power and authority under the Weld County Home Rule Charter and Article 28 of Title 30 CRS, to adopt building codes for the unincorporated areas of the County of Weld, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, adopted Ordinance No. 119, with subsequent amendments, the Weld County Building Code Ordinance, establishing a comprehensive revision of the building code requirements for the unincorporated areas of the County of Weld, and WHEREAS, said Ordinance No. 119, as amended by Ordinances 119-A and 119-B, is in need of revision, updating, and clarification with regards to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that said Ordinance No. 119, as amended, is amended by the addition, revision, and renumbering of various sections, which shall read as follows: 1 AMEND SECTION 10.4 by: Delete "30-38-201 "and replace with" 30-28-201" Delete "1973". AMEND SECTION 20.1 by: Delete "1982" and replace with "1985". DELETE SECTION 20.1.2 AMEND SECTION 20.2 by: Delete "1982" and replace with "1985". AMEND SECTION 20.2.1 by: Delete "1982" and replace with "1985". Add "unless the walls of the crawlspace are insulated" to the last sentence of the text. AMEND SECTION 20.2.2 by: Delete "Paragraph 4" replace with "(f)". AMEND SECTION 20.4 by: Delete "1982" and replace with "1985" AMEND SECTION 20.5 by: Delete "1982" and replace with "1985". AMEND SECTION 20.5.8 by: Delete "(a)" and replace with "(c)". AMEND SECTION 20.6 by: Delete "1982" and replace with "1985". RENUMBER SECTION 20.9.6.7 TO SECTION 20.9.7. RENUMBER SECTION 20.9.6.8. TO SECTION 20.9.8. RENUMBER SECTION 20.9.6.9 TO SECTION 20.9.9. RENUMBER SECTION 20.9.6.10 TO SECTION 20.9.10. RENUMBER SECTION 20.9.6.11 TO SECTION 20.9.11. 2 ADD NEW SECTION 20. 10 TO READ: 20. 10 Manufactured Home Installation Standards. Any manufactured home located in or relocated within Weld County shall meet the following installation standards. The Building Official may authorize the use of different materials or methods which will accomplish substantially the same result. 20.10. 1 Blocking. Blocking shall be placed under each main manufactured home frame member for the full length of the manufactured home at maximum intervals of eight feet (8') . End of piers shall not be farther than five feet (5') from the end of the manufactured home. Wood railroad ties are not acceptable materials for blocking. 20. 10.2 Base. Footers shall consist of poured concrete pads a minimum of six inches (6") thick and a minimum of sixteen inches (16") by sixteen inches (16") square. Two pieces of minimum #4 rebar (1/2") shall be placed in each direction before pouring. The bottom of the solid concrete base must be a minimum of twelve inches (12") below undistrubed ground surface. 20. 10.3 Piers. Piers shall be constructed of one (1) or more eight inch (8") by eight inch (8") by sixteen inch (16") ("celled") concrete blocks or approved equivalent materials. Said blocks shall be placed over the base in such a manner that the sixteen inch (16") dimension is at a ninety degree (90°) angle to the main frame of the manufactured home and shall be centered on the base with the cells in a vertical position. 20.10.4 Caps. Each pier shall be topped (capped) with an eight inch (8") by sixteen inch (16") by four inch (4") solid concrete block or the equivalent. 20.10.5 Wood Wedging. Wood wedging (shims) shall be driven tight between each pier cap and the main frame member of the manufactured home if necessary. No more than four inches (4") of the thickness of a type of wood approved by the Building Official shall be permitted. The width of the wedge shall provide a minimum of eight (8) lineal inches of bearing surface between the pier cap and the main frame of the manufactured home. 20.10.6 Tie downs. Tie downs shall meet the following standards: 20.10.6.1 Ties shall consist of galvanized steel strapping (1-1/4 x .035") with a minimum breaking strength of four thousand seven hundred fifty pounds (4,750#) or ties shall consist of galvanized steel cable 7/32" x 7 x 7 or 1/4" 7 x 19) with a minimum breaking strength of four 3 thousand eight hundred pounds (4,800#) . The Building Official may approve alternate materials of equal strength. 20.10.6.2 Each frame tie shall connect the main frame of the manufactured home to an anchor located outside the opposite main frame member. A frame tie shall be located within two feet (2') of each end of the manufactured home. Any manufactured home fifty feet (50') or less in length shall have a minimum of four (4) frame ties. Each frame tie shall be tightened snug to an anchor. 20.10.6.3 Ground anchors for securing the ties shall be of the following types: screw augers, expanding anchors, concrete deadmen, or equivalents approved by the Building Official. Any type of ground anchor used shall have a minimum holding power of four thousand eight hundred pounds (4,800#) . Ground anchors shall be placed at a minimum depth of four feet (4') or at a greater depth if determined necessary by the Building Official. 20.10.6.4 When strapping or cables are connected to turn buckles or to yoke-type fasteners and tensioning devices, connections shall be made so that the overall strength of the tie downs is not reduced. Turnbuckles shall be one-half inch (1/2") galvanized steel or the equivalent as approved by the Building Official. Hook-ends or open-eyes are not permitted as connection devices. "Eye and eye" or "draw and draw" type turnbuckles are acceptable as connection devices. Where cable is utilized and looped for connection, ends shall be secured with a minimum of two (2) cable clamps with the nuts placed on the live side of the cable. Materials and connecting devices of equivalent strength may be utilized upon approval by the Building Official. 20.10.7 Skirting. Skirting shall be provided around the bottom of the manufactured home to ground level. Skirting shall be made of a material which is approved for exterior use by the Uniform Building Code. 20.10.8 Setbacks. Setbacks from other buildings or structures shall be as specified in Table No. 5-A of the Uniform Building Code. Manufactured homes shall fall within Group R-3 in this table. Zoning setbacks are identified on the front of the Building Permit and shall be complied with when locating the manufactured home on the property. 20.10.9 Dwelling Unit. Every manufactured home used as a dwelling unit shall be provided with a kitchen sink. Every manufactured home used as a dwelling unit shall be provided with a bathroom equipped with facilities consisting of a water closet, lavatory, and either a bathtub or shower. Each sink, lavatory, and either a 4 bathtub or shower shall be equipped with hot and cold running water necessary for its normal operation. Every home shall be provided with a smoke alarm installed according to the Weld County Building Code. 20.10.10 Installation on Basements. Units which have a floor joist system approved to be put on a regular foundation will not need to be engineered unless installed in an area where we require all foundations to be engineered due to soil conditions. However, rebar shall be installed in the foundation according to County requirements. Units which are designed to be supported on four (4) rails shall submit an engineered foundation and support system design. 20.10.11 Installation on Other Than Basements. Units which have a floor joist system approved to be put on a regular foundation system must be installed according to manufacturers and County's specifications. This would consist of an outside perimeter footing and foundation with support footings and a wall in the center or concrete pads and vertical supports. The unit must be anchored to the foundations. Units which are designed to be supported by the four (4) rails must be installed according to the enclosed standards. If the manufacturer's specifications call for closer spacing of the support piers then that standard must be followed. AMEND SECTION 30.2.2 TO READ: Additions, Alterations or Repairs. Additions, alterations or repairs may be made to any building or structure without requiring the existing building or structure to comply with all the requirements of this code, provided the addition, alteration or repair conforms to that required for a new building or structure. Additions or alterations shall not be made to an existing building or structure which will cause the existing building or structure to be in violation of any of the provisions of this code nor shall such additions or alterations cause the existing building or structure to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate egress in compliance with the provisions of this code or will obstruct existing exits; will create a fire hazard; will reduce required fire resistance or will otherwise create conditions dangerous to human life. Any building so altered, which involves a change in use or occupancy, shall not exceed the height, number of stories and area permitted for new buildings. Any building plus new additions shall not exceed the height, number of stories and area specified for new buildings. Additions or 5 alterations shall not be made to an existing building or structure when such existing building or structure is not in full compliance with the provisions of this code except when such addition or alteration will result in the existing building or structure being no more hazardous based on life safety, fire safety, and sanitation, than before such additions or alterations are undertaken. Alterations or repairs to an existing building or structure which are nonstructural and do not adversely affect any structural member or any part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is constructed. The installation or replacement of glass shall be as required for new installations. AMEND SECTION 30.2.3 by: Delete the last sentence of the text. AMEND SECTION 30.2.8 by: Delete "that" in number 3 and replace with "than". AMEND SECTION 30.5.3 by: Add the following sentence at the end of the text: The temporary certificate shall be valid for a certain period of time not to exceed three months and may be renewed only once by the Building Official. DELETE SECTION 30.7. DELETE SECTION 40.7. DELETE SECTION 50.7. DELETE SECTION 60.7. DELETE SECTION 70.6. DELETE SECTION 71.6. DELETE SECTION 86. RENUMBER REMAINING SECTIONS BEGINNING WITH SECTION 87 AND CONTINUING CHKOUGH 93.3.6 6 If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held or decided to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion. The Board of County Commissioners hereby declares that it would have passed the Ordinance, and each and every section, subsection, paragraph, sentence, clause and phrase thereof irrespective of the fact that any one or more section, subsection, paragraph, sentence, clause, or phrase might be declared to be unconstitutional and invalid. The above and foregoing Ordinance No. 119-C was, on motion duly made and seconded, adopted by the following vote on the day of , A.D. , 1985. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Jacqueline Johnson, Chairman BY: Deputy County Clerk Gene R. Brantner, Pro—Tem Approved as to form: C. W. Kirby Gordon E. Lacy County Attorney Frank Yamaguchi First Reading: December 2, 1985 Published: December 5, 1985, in the Johnstown Breeze Second Reading: December 16, 1985 Published: December 19, 1985, in the Johnstown Breeze Final Reading: December 30, 1985 Published: January 2, 1986, in the Johnstown Breeze Effective: January 7, 1986 7 ,- ilk m' dd,;_ ,t 0 -� {F�Gj ' ffy � � �Fi��tih�� SY � � fll ''F �. •,;.,^\ `,- / r-' nJu''/ 4 rIG + Q�l+� s!a tuiw✓21f! .v,.. 'SG j'4` / ` >� 1' :,._;4::::::` M ! „ aF 1 �f' I ' /\',� �^ A� y / ! \` \l _:- )' \ '�I- ��. 4 r rA4-r • 1r .. ! . . .l .x+147ra,-.+ry..-rgq—,r aT#+r Y, �, . // y rc y o to H. X IV to 0 �41 1'_, �: ,•n'U- 1 7 i � H •ti O CR K 'O A. - • 4 _' /Jf LU ' V to G:,o'a� My f'[ F+. !� i`� 1 "\' ," ` , 4, fi. rcC173i x 70 m m x o m ; Vs1 co 1:15. • p4Wf7 �V.. 11 '� y h Pt N. 1 _ W yOr�y N m ft _Y I/ �'' s, o a. m t 1 m o m 1 ` 0 re C t� /� a' ` Yr P• E - M o 1D O 1 ` �`i Y LfM • H A M c f� _ � � .: \• "..76.7.; f. i 1,41J,`,. t cog' '1 1£D f - ••1 i $ i(/ / . 4,N • 1V 1l< 4c �.� +�-. � �<r .et �° m m e <, �.1 ,_ t., ... , _,;..... , III1t1 O O A fD C W tr7 n j O > m m v. µ. .j1l "y S•4 (D N IM C 11 ' (] \\\ Df: a 0. et as m �J`'' 11 1• l� 4 1/Q °, t }f`�'" a 47, yy- S an!_. r v r r1; 1 W 5�~ M O C. n < i� r - , * <_� i/ � aF . 'cif P. -. 6 n .Q .C V J a�\%�/sJ4 ._.\ '. / s 1 - ` O off\ M' co E r! -. ' • eck rt x �y + ,< •F k., , t;.., ri �^ OO N Q 1 < Fk 0o sj .4 • m w pi CC 7, ,x _•()/.1 F Y,,' y v yZ� �` to m T .- d i. - .r ii i 0, -.4?2,/, .. \ S A, Y l p p m (pi r Y`l 1 Pi f r F: Clam m O*Pt ' i- r .\� rt a - coo n " '1/41?";1 ! "/, ;;" 3.-0,t- 'P {4 x a"+llb '6 4ir �' U�"Civic �.a '144fS-5+ 'v t" l--,-)4_,46-1r::\// ^ice _� .. ,i ; do Cf•i 1(M h�`�1�41< „J "Li `ud \‘... C `n '•.'T � 8 CERTIFICATES OF RECOGNITION WERE GIVEN TO THE FOLLOWING MEMBERS OF THE WELD COUNTY LIBRARY BOARD: HAZEL CHICK RUTH GARTRELL LINDA CROWSON JOHN LOFTUS CHARLES CLARK JULIE SHADE WALKER MILLER JANE SMITH JIM GUSTAFSON WELD COUNTY, COLORADO PAGE 1 GENERAL FUND CLAIMS • V.O. WARRANT NO. P.O. NO. VENDOR AMOUNT' 901983 46572 IBM • $757,67-8.35 901984 45777 - RITEWAY BUILDERS & JIfNY .DOMINQUEZ 1,722.30 • TOTAL 5 759,400.65 STATE CF COLORADO ) . COUNTY OF `WELD ) 55 This is to certify that all accounting and budgeting procedures have been completed cn the above listed claims as shown on Paces 1 through - and dated DECEY3ER 16 , 19 85 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 759,400.65 DATED THIS 16th DAY CF DECLmBER , 1985 /7. / 161-, - • - . WELD D COON :IA ' -r ER ✓ - - SUBSCRIBED AND SWORN TO BEFORE ME THIS 16th DAY CF DECEFTER 14 85 • MY COMMISSION EXPIRES: MY Commission Expires June 8. 1986 . NO i ,RY . 0 ,IC STATE OF COLORADO ) . COUNTY CF WELD ) ss We. the Board of County Corrissioners of Veld County, Colorado, hereby (approve) (d _?:prove) the claims as set forth above; and warrants in payment therefore are hereby - crdered drawn upon the GENERAL FUND totaling�*r - $759,400.65 Ch irpe on '. . - . • . • ..TT! - Member n/ y , C:�:. :y Ciirk & Recorder Member __. G' . Member WELD COUNTY, COLORADO PAGE 1 PAYROLL FUND CLAIMS Y.O. WARRANT NO. P.O. NO. VENDOR ATiDUNT 12:26 461,n4 REVOLVING FUND 124;56 • - TOTAL i 124.56 S7 OF COLORADO ) COUNTY CF WELD ) ss • This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Paces 1 through --1 and dated DECEMBER 16th , 19 85 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount S124.56 . DATED THIS 16th DAY OF DECEMBER , 19 B5 7. WELD C I ,.t . FI ER - SUBSCRISED AND SWORN TO BEFORE ME THIS 16th DAY CF DECEMBER 1985 . MY COMMISSION EXPIRES: My Commission Expires June 8. 1986 • . , - • d ST277 OF COLORADO ) UNTY OF WELD ) ss - We, the Board cf County Commissioners Commssoo s of Weld County, Colorado, hereby (aoprov=_) _ .a?:rove) the claims as set forth above, and war therefore j rants in pay :_nt _her_. �r� are �.ereb -ordered drawn upon the PAYROLL FUND totaling $ 7,24.56 . - of , ,,..ucyri1/4:14,...j Fa na ATTEST: Nernber .1Y10/..24 iC.v24 ,'/v. c ten cf cl n-": . - :.cc. :y Cibrk & Recorder .---\ METT;,ber SEMI-MONTHLY PAYROLL HANDWRITE APPROVAL FORM WARRANT WARRANT NUMBER PAYEE AMOUNT 12025 DEBRA MARES 140.12 12[127 MANUEL SEGUNDO 252.82 12028 LARRY G NUNN 141.82 12029 KEVIN D KEMPEMA 141.82 NUMBER OF WARRANTS 4 TOTAL 676-58 THE AMOUNT OF THESE HANDWRITES WILL BE INCLUDED IN THE SEMI-MONTHLY PAYROLL TOTAL ON DECEMBER L6. 19 85 . STATE OF COLORADO ) ) SS COUNTY OF WELD ) SOCIAL SERVICES CLAIMS THIS IS TO CERTIFY THAT ALL ACCOUNTING AND BUDGETING PROCEDURES HAVE BEEN COMPLETED ON THE FOLLOWING LISTED CLAIMS AND THAT PAYMENTS SHOULD BE MADE TO THE RESPECTIVE PAYEES IN THE AMOUNTS SET OPPOSITE THEIR NAMES AS CERTIFIED BY THE DIRECTOR OF THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES. THE AMOUNTS BY CATEGORY ARE AS FOLLOWS: TOTAL WARRANTS CLAIMS AMOUNT 2 ADC 696.00 ADC-U IV-D 1 • OAF 70.00 AND IRA AB GA MED. TRANS. ADM SERVICES CHILD WELFARE PAC • DC LEAP OAP 1 SUBTOTAL OAP 70.00 SS 2 SUBTOTAL SS 696.00 GRAND TOTAL 766.00 DATED THIS 16th DAY OF December , 19 85. DIRECT- C8 � MINI" TION SUBSCRIBED AND SWORN TO BEFORE ME THIS 16th/D/AYYJ� OF /J December , 19 85. D ' .444-411,>774 - e MY COMMISSION EXPIRES: My Commission Exp'res June 8. 1986 • `� NOTARY if- STATE OF COLORADO ) ) SS. COUNTY OF WELD ) WE, THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, HEREBY APPROVE THE j CLAIMS AS SET FORTH ABOVE AND WARRANTS IN PAYMENT THEREFORE ARE HEREBY DRAWN UPON THE SOCIAL SERVICES FUNDS AND CHARGEABLE AS STATED a .T.444-- �22 ATTEST.` WELD COUNTY CLERK AND RECORDER AND [� ,- CLERK TO THE BOARD / , / BY J 91",/ta �7�� tee. � ✓ DEPU Y COUNTY CLERK /J DATE PRESENTED: Ac // 6/g4- . (,/g • • • • 0 • • • • • • • • • • • • • • • O "' - T. 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O O r W GNP /p F �- O 1 O D T I \ Z O T •-• zO F Z O ,.� r n 1 U N O L 1 7CT al n 2 m t Z I� 1 _, F D I X N Z 1 ( .7 ^! ?7 I O I m u .% i 1 1 co D r m c -- z n m (IS D C n • 'T: Z m K •C--: m K G i N 1 K -+ T W m C z a - T. z \ o = n IrC , O • -n m -c Or - o \ m -1 r a 1K(�' m 1 z -c n .c 0 .-. .. -y A 1 m -4 JJ l o T D a -.7 N n r > 3 3 C r{- m IA ? JC ` lip D f o t- v) n T. .Ty m t T MX h M Z I M. XI. f 3 1(t C X r .... CID P ..1 \ in T: L Cl D V .'n T. z W" CI 1 z O A N r = 3 N N -1 n mar m m -I 1 {` ' p m .-. N .. , rr r » N b n z o I T N C P. r 1 F N MC ti .. N Z r F I O z n n m C r r tvm C r‘\‘‘` r N N 3 G 1".c r N L r .-+ r Co 0 > N -y o O W N G {{..•<� r r m O a N - N \ r I ' D Z M T Rt .T. C n 2 ;r ,I I I I r 5 z Cr C Z tr, xr a • a a .. a -n co I'S -" f v I 1 I Z O 4T1 o y Z I, I ' n r O 0 I ... C. -. O n r > - C I 1 .."1•-- '\ 1.0 = O V) .7 r Y 2 O • ter n D O � �� 1� 1 D o < 1 a rr: 3> ill -I y _ p C 13 D r 'Vl O Z C 1 G Z � I .. C m z • j� T . 1• Z N N 1i4i\ rn b � del c O m f 1 2r. X z rTl C O. jt, ' F Orb �;yF m m b D I D '� \fx Z N O r 1 G m T 1 1 -t 1 1Th _ .. .. 1k n N m 1 > I --I r N 7' < r M l,...-4 m rn of a sI 1 "V Ta "' ry m( DI 1" 1 i� �+ z Z w X I� X Z 1 1• ,..1 x 1 1 `, • • • • • • • • • • • • • • • • • • • • • • NOTICE Docket No. 85-94 The Board of County Commissioners will conduct a public hearing at or about 9:00 A.M. on Monday, December 30, 1985, in the County Commissioners Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, for the purpose of considering increased fee schedules concerning fees charged by the Weld County Department of Planning Services for Land-Use Permit Applications for 1986. All persons in any manner interested are requested to attend and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. Copies of the proposed increased fee schedules are available for public inspection in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: December 16, 1985 PUBLISHED: December 19, 1985, in the Johnstown Breeze NOTICE Docket No. 85-95 The Board of County Commissioners will conduct a public hearing at or about 9:00 A.M, on Monday, December 30, 1985, in the County Commissioners Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, for the purpose of establishing fee schedules concerning fees charged by the Weld County Department of Planning Services for Building Inspection Permits for 1986. Increased fees will be considered for building, mechanical, mobile home, and manufactured home permits; pre-move inspections; investigation fees; and other inspection services. Fees for electrical and plumbing permits and plan reviews are proposed to remain the same. All persons in any manner interested are requested to attend and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. Copies of the proposed fee schedules are available for public inspection in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: December 16, 1985 PUBLISHED: December 19, 1985, in the Johnstown Breeze NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 85-96 Allan W. Smith 2501 East 18th Street Greeley, Colorado 80631 DATE: January 22, 1986 TIME: 2:00 F.M. REQUEST: Change of Zone from R-1 (Low Density Residential) to A (Agricultural) LEGAL DESCRIPTION: Part of Lots 1, 2, and 3, Union Colony Subdivision in the SE} SEg of Section 10, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: December 16, 1985 PUBLISHED: December 19, 1985, in the Johnstown Breeze NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, APPLICANT DOCKET NO. 85-97 Triangle Cross Ranch, Inc. P.O. Box 5172 Greeley, Colorado 80631 p'. DATE: January 8, 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review — Adult mentally retarded group ranch LEGAL DESCRIPTION: Part of Section 31, Township 7 North, Range 64 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: December 16, 1985 PUBLISHED: December 26, 1985, in the Johnstown Breeze / ' r, NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennia'. Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 85-98 Daniel and Joyce Tietmeyer 27500 Weld County Road 70 Gill, Colorado 80624 DATE: January 8, 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review - Agricultural service establishment (contract trucking business) LEGAL DESCRIPTION: Part of the NE} , Section 15, Township 6 North, Range 64 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO LEE BOARD BY: Mary Reiff, Deputy DATED: December 16, 1985 PUBLISHED: December 26, 1985, in the Johnstown Breeze NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 85-99 Tony and Katie Gumma 5417 Pawnee Circle Greeley, Colorado 80634 DATE: January 8, 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review -- Accessory building larger than 1 ,500 square feet in a platted subdivision LEGAL DESCRIPTION: Lot 3, Block 11, Arrowhead Subdivision, 4th Filing, Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: December 16, 1985 PUBLISHED: December 26, 1985, in the Johnstown Breeze HEARING CERTIFICATION DOCKET NO. 85-73 RE: SHOW CAUSE HEARING TO CONSIDER REVOCATION OF USE BY SPECIAL REVIEW PERMIT #511 - ARNOLD AND BEVERLY TETER A public hearing was conducted on December 4, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro-Tem - Excused Commissioner C.W. Kirby — Excused Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated September 18, 1985, and duly published October 3, 1985, in the Johnstown Breeze, a public hearing was conducted to Show Cause for revocation of Use by Special Review Permit #511, issued to Arnold and Beverly Teter. Lee Morrison, Assistant County Attorney, made this matter of record. He stated that the hearing was continued from October 16, 1985, to allow Arnold and Beverly Teter to apply for an Amended Use by Special Review. Keith Schuett, representing the Planning Department, stated that an application for an amended Use by Special Review was submitted on November 26, 1985. Mr. Schuett also stated that the Planning staff recommends that this hearing be continued to February 19, 1986, at 2:00 p.m. , after a decision should be made regarding the application. Commissioner Lacy moved to continue this hearing to the recommended date. Commissioner Yamaguchi seconded the motion and it carried unanimously. This Certification was approved on the 16th day of December, 1985. APPROVED: 1/4—I — BOARD OF COUNTY COMMISSIONERS ATTEST: /1O.<Nj (/M„&!. '' .°^� i WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Boar cque ne Jo n, Chairman EY' 0711-1x-t-c-/ -,Ct:,CLa EXCUSED DATE OF HEARING D puty County Cle k Gene R. Brantner, Pro-Tem EXCUSED DATE OF HEARING C.W. Ki by r Lacy Fran l amaguchi/ TAPE #85-104 DOCKET #85-73 LHR 2131' 2 y - RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 16, 1985 TAPE #85-105 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, December 16, 1985, 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 Gene Brantner, Pro-Tem - Excused Commissioner C.W. Kirby Commissioner Gordon Lacy Commissioner Frank Yamaguchi Also present: Assistant County Attorney, Lee D. Morrison Acting Clerk to the Board, Tommie Antuna MINUTES: Commissioner Lacy moved to approve the minutes of the Board of County Commissioners meeting of December 11, 1985, as printed. Commissioner Kirby seconded the motion and it carried with Chairman Johnson abstaining because she was excused from that meeting. CERTIFICATION OF HEARING: Commissioner Lacy moved to approve the Certification for the hearing conducted on December 4, 1985, 1) Show Cause Hearing - Teter. Commissioner Yamaguchi seconded the motion and it carried with Commissioner Kirby abstaining because he was not present at said hearing. ADDITIONS: Chairman Johnson added, after Approval of Consent Agenda, - Presentation of Certificates to Library Board members CONSENT AGENDA: Commissioner Lacy moved to approve the consent agenda as printed. Commissioner Kirby seconded the motion and it carried unanimously. PRESENTATIONS: Chairman Johnson read the names of the Library Board members receiving a Certificate, and also read a Certificate into the record. She stated that these Certificates will be presented to the individuals at the meeting for the newly formed Library District. COMMISSIONER COORDINATOR REPORTS: Commissioner Yamaguchi reported on the meeting of the Lupton Meadows Ditch Company, which he attended on December 13, 1985. He said the assessments were not changed and the Board of Directors remains the same. WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $743,617.64 Social Services 23,592.00 Handwritten warrants: General fund 759,400.65 Payroll 124.56 Commissioner Lacy moved to approve the warrants as presented by Mr. Warden. Commissioner Kirby seconded the motion which carried unanimously. BUSINESS: OLD: CONSIDER REQUEST FROM TOM BALL TO VACATE EASEMENT - BARNESVILLE (NOV. 18) : Drew Scheltinga, Director of Engineering, said his department had researched this request and found that all the area encompassing Mr. Ball's property was vacated in 1955. He said no further action should be necessary by the Board. Lee Morrison, Assistant County Attorney, said the Board could do a Resolution, confirming the vacation in 1955, if Mr. Ball cannot resolve his problem with the title company. Jim Ferguson, representing Tom Ball, said the title company maintains that Mr. Ball has no rights to the property, saying that this is still an easement, according to their records. Commissioner Kirby moved to have a Resolution reaffirming the vacation which occurred May 5, 1955. The motion was seconded by Commissioner Lacy and carried unanimously. NEW: CONSIDER DISBURSEMENT OF MONIES FOR VETERANS SERVICE FOR NOVEMBER, 1985: Commissioner Lacy moved to approve the disbursement of monies for Veterans Service for November, 1985. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER RESOLUTION RE: CANCELLATION OF HEALTH INSURANCE FUND • WARRANTS, IN AMOUNT OF $838.58: Commissioner Kirby moved to approve this Resolution concerning the cancellation of Health Insurance Fund warrants. The motion, seconded by Commissioner Lacy, carried unanimously. CONSIDER RESOLUTION RE: REAPPOINTMENT OF DENNIS GESTERLING AND RHONDA GILES TO BOARD OF ADJUSTMENT: Commissioner Lacy moved to approve the Resolution reappointing Dennis Gesterling and Rhonda Giles to the Board of Adjustment. Commissioner Kirby seconded the motion which carried unanimously. CONSIDER CORRECTED RESOLUTION RE: ZONING VIOLATION - GREEN & UNDERHILL: Chairman Johnson explained that, due to a typographical error in the original Resolution, this Corrected Resolution is necessary. Commissioner Lacy moved to approve this Corrected Resolution. The motion was seconded by Commissioner Kirby and carried unanimously. CONSIDER AGREEMENT BETWEEN HOUSING AUTHORITY AN!) DEPT. OF SOCIAL SERVICES AND AUTHORIZE CHAIRMAN TO SIGN: Jim Sheehan, Director of Housing Authority, said this is the fifth year for this agreement. He explained that this agreement indicates that 50% of his time is as LEAP Coordinator and the other 50% as Director of the Housing Authority. Commissioner Kirby moved to approve the Agreement between the Housing Authority and the Department of Social Services and authorize the Chairman to sign. Commissioner Lacy seconded the motion and it carried unanimously. Minutes - December 16, 1985 Page 2 CONSIDER RESOLUTION RE: DIRECT CLERK TO BOARD TO HAVE PUBLISHED ORDINANCE 0`133-C, SUPPLEMENTAL APPROPRIATION FOR 1985: Don Warden explained that State statute requires that a Supplemental Appropriation must be published before the Board acts on it. Commissioner Lacy moved to approve the Resolution directing the Clerk to the Board to have Ordinance #133-C published. The motion, which was seconded by Commissioner Kirby, carried unanimously. CONSIDER REQUEST TO INSTALL TRAFFIC CONTROL DEVICES ON WCR 19 AT WCR 8: Drew Scheltinga said his recommendation is that a stop sign be erected on Road 19, for the southbound traffic, at Road 8, because there is a sight restriction problem in this area. Commissioner Lacy moved to approve the installation of traffic control devices on WCR 19 at WCR 8. Commissioner Kirby seconded the motion and it carried unanimously. CONSIDER GRANT OF EASEMENT - CONSTRUCTION LEASING INVESTMENT COMt?ANY AND AUTHORIZE CHAIRMAN TO SIGN: Lee Morrison said this concerns a contract which was executed approximately five years ago for the Hokestra Pit. The original contract contained two provisions which allowed the County to exercise an option and obtain the title to the gravel pit and requiring a Grant of Easement for the use of Construction Leasing. He said the Deed has been received and will be recorded. He said Construction Leasing is to convey one share of the Rural Ditch Company, and they are now in the process of doing this. Commissioner Kirby moved to approve this Grant of Easement to Construction Leasing Investment and authorize the Chairman to sign. The motion was seconded by Commissioner Lacy and carried unanimously. CONSIDER AGREEMENT AND ADDENDUM BETWEEN AIMS COMMUNITY COLLEGE AND AMBULANCE SERVICE FOR EMT TRAINING AND AUTHORIZE CHAIRMAN TO • SIGN: Mr. Morrison said this agreement concerns Aims students receiving EMI training, who ride with the Ambulance Service. He said that the addendum is for the purpose of clarifying the responsibility for workmen's compensation. He said, if the Board approves the Agreement and Addendum, they will be effective as soon as it is executed by Aims. Commissioner Lacy moved to approve the Agreement and Addendum between Aims Community College and the Ambulance Service. Seconded by Commissioner Kirby, the motion carried unanimously. SECOND READING OF ORDINANCE #119-C CONCERNING REVISION OF WELD COUNTY BUILDING CODE ORDINANCE: Commissioner Lacy moved to have Ordinance #119-C read by title only. Commissioner. Kirby seconded the motion which carried unanimously. Mr. Morrison read the title of Ordinance #119-C into the record. Commissioner Kirby moved to approve Ordinance #119-C on second reading and direct the Clerk to the Board's Office to have published. The motion was seconded by Commissioner Lacy and carried unanimously. FINAL READING OF ORDINANCE #88-D - IN MATTER OF REPEALING AND RE-ENACTING ORDINANCE NOS. 88, 88-A, 88-8 AND 88-C, REGULATING THE RUNNING AT-LARGE OF DOGS: Commissioner Lacy moved to read Ordinance #88-D by title only. Commissioner Kirby seconded the motion and it carried unanimously. Mr. Morrison read the title of Ordinance 188-D into the record. Commissioner Kirby moved to approve Ordinance #88-D, In Matter of Repealing and Re-enacting Ordinance Nos. 88, 88-A, 88-B and 88-C, Regulating the Running At-large of Dogs, on final reading. Seconded by Commissioner Lacy, the motion carried unanimously. Minutes - December 16, 1985 Page 3 RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. The second reading of Ordinance #119-C and the final reading of Ordinance #88-D were 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 9:30 A.M. APPROVED: ATTEST: Vi BOARD OF COUNTY COMMISSIONERS � ��'"� WELD COUNTY, COLORADO Weld County Clerk and Recorder \ �.. . \ `•% — and Clerk to the Board Ja que E ne Joh. o , Chairman J � G EXCUSED Deputy County Cle Gene R. Brantner, Pro-Tem ,(77't C.W. a� - Go d.Vim:'may Frank Yamaguc'. Minutes - December 16, 1985 Page 4 RECORD OF PROCEEDINGS AGENDA Wednesday, December 18, 1985 Tape #85-105 & #85-106 ROLL CALL: Jacqueline Johnson, Chairman Gene Brantner, Pro-Tem C.W. Kirby Gordon Lacy Frank Yamaguchi MINUTES: Approval of minutes of December 16, 1985 (Commissioner Brantner excused) ADDITIONS TO AGENDA: Added under New Business: Resolution re: Amending Portions of Administrative Manual APPROVAL OF CONSENT AGENDA: DEPARTMENT HEADS AND 1) Don Orleans, NCMC representative ELECTED OFFICIALS: 2) Marlo Meakins, Extension Director COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BUSINESS: OLD: NEW: 1) Consider 1986 Dance License for Jesse Humphrey, dba Jack Daniels II 2) Consider Resolution re: Approval of proposal for designating Weld County as Area Agency on Aging 3) Consider Modification to 1985 Head Start Grant and authorize Chairman to sign 4) Consider Modification to Community Service Block Grant and authorize Chairman to sign 5) Consider two JTPA Discretionary Grant Applications and authorize Chairman to sign 6) Consider hiring of Road & Bridge Director 7) Consider Emergency Ordinance #70-A - In Matter of Repealing Ordinance #70 Pertaining to Regulations for Meat Inspection 8) Consider Emergency Ordinance #141 - Terminating July 1, 1980, Ground Lease with Colorado Health Facilities Authority and Authorizing New Ground Lease; Approve Leasing to Hospital Board of Trustees; and Approve Refunding of Revenue Bonds PLANNING: 1) RE #816 - Guildner (cont. from Dec. 11) 2) Zoning Violation - Scheel (cont. from Aug. 14) 3) Zoning Violation - Banek 4) Zoning Violation - Korgan 5) Building Code Violation - Silvers & Adams 6) Building Code Violation - Orfield 7) Building Code Violation - Green & Blackston 8) Building Code Violation - Goure 9) Building Code Violation - Coe (deleted) 10) Building Code Violation - Nelson Farm, Inc. 11) Building Code Violation — Schwager Dairy CONSENT AGENDA APPOINTMENTS: Dec 19 — Community Corrections Board 8:00 AM Dec 24 — HOLIDAY Dec 25 — HOLIDAY Jan 1 - HOLIDAY HEARINGS: Dec 18 - Policy Report under Section 103A 10:00 AM Dec 18 - Tavern Liquor License, LeRoy Sather, dba Streamers 2:00 PM Dec 18 - Show Cause Hearing, Vessels Oil & Gas (cont. from Nov. 13) 2:00 PM Dec 18 - USR, Process & sell forestry products in Agricultural Zone District, Darrel or Tamara Lockman 2:00 PM Dec 18 - USR, Greyhound dog kennel, Gene & Diane Gurley 2:00 PM Dec 18 - USR, Livestock confinement operation, James & Michele Vetting 2:00 PM Dec 23 - Changes to Final PUD Plat, Beebe Draw Land Company Ltd. - First Filing 9:00 AM Dec 30 - Establish Land-Use Application Fees 9:00 AM Dec 30 - Establish 1986 Building Inspection Permits Fees 9:00 AM Jan 8 — Show Cause Rearing, 31 Disposal (Stan Rech) 2:00 PM Jan 8 — USR, Adult mentally retarded group ranch Triangle Cross Ranch 2:00 PM Jan 8 — USR, Agricultural service establishment (contract trucking business) , Daniel & Joyce Tietmeyer 2:00 PM Jan 8 — USR, Accessory building larger that 1,500 sq. feet in platted subdivision, Tony & Katie Gumma 2:00 PM Jan 22 — COZ, R-1 to A, Allan W. Smith 2:00 PM Feb 19 — Show Cause Hearing, Arnold & Beverly Teter (cont. from Dec. 4) 2:00 PM REPORTS: COMMUNICATIONS: 1) Dept. of Highways Newsletter #85-51 2) School District RE-10J re: Maintenance of County roads 3) Nuclear Regulatory Commission letter re: Fort St. Vrain 4) Chuck Monpas — Letter of appreciation re: snow removal RESOLUTIONS: 1) Approve request to waive bid procedure for Oil and Gas Lease from Cache Exploration, Inc. and Conquest Oil * 2) Approve Action of Board concerning request from Tom Ball to vacate easement - Barnesville * 3) Approve Agreement between Housing Authority and Dept. of Social Services * 4) Approve request to install traffic control devices on WCR 19 at WCR 8 * 5) Approve Grant of Easement - Construction Leasing Investment Company * 6) Approve Agreement and Addendum between Aims Community College and Ambulance Service for EMT Training * 7) Approve designation of Weld County as Area Agency on Aging * 8) Approve amendments to Administrative Manual * 9) Approve Housing Policy Report under Section 103A (signed at 10:00 a.m. hearing) ORDINANCES: * 1) Emergency Ordinance #70-A - In Matter of Repealing Ordinance #70 Pertaining to Regulations for Meat Inspection * 2) Emergency Ordinance #141 - Terminating July 1, 1980, Ground Lease with Colorado Health Facilities Authority and Authorizing New Ground Lease; Approve Leasing to Hospital Board of Trustees; and Approve Refunding of Revenue Bonds * Signed at this meeting v 4R2042139 RESOLUTION RE: REAFFIRMING VACATION OF EASEMENT DESCRIBED AS LOTS 1 AND 2 , BLOCK 45 , TOWN OF BARNESVILLE - TOM BALL WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on November 18 , 1985 , the Board considered the request of Tom Ball to vacate an easement on Lots 1 and 2, Block 45 , in the Town of Barnesville, and WHEREAS, the Board referred this request to the Engineering and Planning Departments for their recommendations, and WHEREAS, after research, said departments found that those portions which were requested to be vacated, had been vacated on May 5 , 1955 , by the Board of County Commissioners, and WHEREAS, said vacation of May 5 , 1955, was recorded under Reception €1204901 , File #587 , in the office of the Weld County Clerk and Recorder, and WHEREAS, the Board now deems it appropriate to reaffirm said vacation which occurred on May 5 , 1955 . NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the vacation of Lots 1 and 2, , Block 45 , Town of Barnesville, which occurred May 5 , 1955 , be, and hereby is, reaffirmed. ' The : above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of December; A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: -`I cam.._.•__ ",t , -^,-' WELD COUNTY, COLORADO Weld County Clerk and Recorder \ \. v nv-_ and Clerk to the Board J. cque 'ne Jo n -•n, Chairman EXCUSED BY: Gene R. Brantner, Pro-Tem D nt C k m_4. 4'7/ � � per/ APPRO4b �:.� FORtS C.W. K 'rb — j .' G c County Attorney F nc Yam chi B 1102 REC 02042139 02/07/86 10:56 $0. 00 1/001 F 0670 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RESOLUTION RE: APPROVE AGREEMENT BETWEEN WELD COUNTY HOUSING AUTHORITY AND WELD COUNTY DEPARTMENT OF SOCIAL SERVICES 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 Director of Social Services has presented an Agreement between the Weld County Housing Authority and the Weld County Department of Social Services to the Board of County Commissioners for their review and approval, and WHEREAS , said Agreement provides that an employee shall be hired to work .5 full time for the Weld County Housing Authority and .5 full time for the Department of Social Services, and WHEREAS , the further terms and conditions are as stated in the Agreement, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it advisable to approve said Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement between the Weld County Housing Authority and the Weld County Department of Social Services be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Agreement. • 1— ice: - i . Page 2 RE: AGREEMENT - HOUSING AUTHORITY AND SOCIAL SERVICES The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of December, A.D. , 1985. �r BOARD OF COUNTY COMMISSIONERS ATTEST: ±4I_ mi WELD COUNTY, COLORADO Weld County Clerk and Recorder �,, and Clerk to the Board cquine J.h son, Chairman EXCUSED BY b?r �c� Gene R. Brantn4r, Pro-Tem Deputy County C erk APPROVED AS TO FORM: C.W. 1 v ✓ Gold Y County Attor ey �� ,7, /,'� Frank Yarmaguch % • DEPARTMENT OF SOCIAL SERVICES Y c � PHONE(303)352-155`. P.O. BOX A GREELEY.COLORADO 80632 r COLORADO November 14, 1985 AN AGREEMENT BETWEEN THE WELD COUNTY HOUSING AUTHORITY AND THE WELD COUNTY DEPARTMENT OP SOCIAL SERVICES To accomplish our objectives, we will: (1) provide a clear and specific outline of duties for the employees so that our objectives and goals can be reached; (2) provide a reasonable allotment of time to insure that both the Housing Authority and Social Services has equal use of the employee; and (3) provide adequate supervision, monitoring and review of the employee. While .5 full time for the Weld County Department of Social Services, the employee shall: Per Cent of Time Spent Duties Administer Weld County's Low Income Energy Assistance Program (LEAP) . This includes the planning, organizing, directing, and controlling of functions and personnel. Personnel supervision to include the work activities of six (6) temporary technicians or support staff. 95% The LEAP Program provides supplementary monetary assistance to eligible low income and public assistance level house- . holds so that these households are in a better position to pay their energy (primary heating) bills. The LEAP Program requires eligibility determinations, computation of benefit levels, assessment of emergency situations, preparation of payrolls, and maintenance of records. Compliance with Federal, State and County policy is required. Page 2 Agreement between Weld County Housing Authority and Weld County Department of Social Services November 14, 1985 The work of the LEAP administrator is supervised by the Department's Assistance Payments Administrator, who in turn is supervised by the Department's Director. Upon request, serve as consultant to the Director and/or Assistance Payments Administrator regarding availability of low income housing resources. It is not expected that the employee will 5% have time to assist in providing direct housing assistance to clients except in extreme emergencies. Referrals are made to other agencies for this type of assistance. Act upon public assistance verification requests from assisted housing and weatherization agencies. While .5 full time for the Weld County Housing Authority, the employee shall: Per Cent of Time Spent Duties 60% Monitor and manage program and fiscal compliance of Section 8 housing and other programs administered by the Housing Authority. Prepare necessary reports/forms for local and federal agencies. Recommend future housing needs to Weld County Housing Authority Board and report on status of current program. Supervision of support staff/personnel. 20% Conduct needs assessment for special projects for the Weld County Housing Authority Board. Prepare grants as directed by the Board. Complete special reports/studies related to the housing market, as needed or requested. ♦ Page 3 Agreement between Weld County Housing Authority and Weld County Department of Social Services November 14, 1985 Meet with local, state and federal agencies to receive or to give training or technical assistance. Prepare reports 20% from raw data when requested. Serve as secretary to the Weld County Housing Authority Board. Perform other duties as prescribed by the Board. In addition to the responsibilities of the employee, the Weld County Department of Social Services shall: 1. Provide office space at 315 North 11 Avenue, Greeley, Colorado, or any future location until December 31, 1986. Janitorial services and utilities shall be included in the office apace. 2. Provide a telephone extension of 352-1551 at a fixed cost. This excludes long distance calls or any additional equipment requested or installed. 3. Provide clerical, business office and receptionist support functions, if • necessary and as those services are available. 4. Provide the Weld County Housing Authority with any relevant raw data directly related to the housing authority functions and to refer any low income individual or household to the housing authority when appropriate. The Weld County Housing Authority shall: 1. Promote a safe and decent standard of housing within Weld County. 2. Promote and educate the public and private sector of current/future housing needs. 3. Promptly act upon priority referrals from the Weld County Department of Social Services. 4. Fulfill all state/federal requirements to maintain or obtain HUD's Section 8 Housing, or other programs administered by the Housing Authority. 5. Provide its own photo copying machine. The Department of Social Services staff shall have access to the machine as needed. The maintenance costs shall be shared equally between the Housing Authority and the Department of Social Services. All supplies shall be provided by the Department of Social Services at no charge to the Housing Authority. Page 4 Agreement between Weld County Housing Authority and Weld County Department of Social Services November 14, 1985 This agreement shall be binding upon both parties until the 31st day of December, 1986. Dated this 16th day of December , 1985. Weld County Department of Social Services: Weld County Housing Authority:et-15,4o, :171C 7/2.6--DirectojJCtietizAcha3;:i Weld County Board of Commissioners: YYt�fYDY-'-- Chas ATTEST: IIi�cc� `<l ;-tG. ez,n; E Weld County Clerk and Recorder and Clerk to the Board �� lr�nc roc a/ geputy County Cler RESOLUTION RE: APPROVE INSTALLATION OF "STOP AHEAD" AND "STOP" SIGNS AT THE INTERSECTION OF WELD COUNTY ROAD 19 AND WELD COUNTY ROAD 8 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Engineering has informed the Board that visibility is impaired at the intersection of Weld County Roads 19 and 8 , and they recommend that "Stop Ahead" and "Stop" signs be installed to control the traffic on Weld County Road 19 at its intersection with Weld County Road 8 to insure the safety of the traveling public, and WHEREAS, upon recommendation of the Department of Engineering, the Board has determined that said traffic control devices are necessary for the protection of the general public. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Department of Engineering be,, and hereby is, directed to install "Stop Ahead" and "Stop" signs to control the traffic on Weld County Road 19 at its intersection with Weld County Road 8 , said signs must conform to the State manual and specifications and are for the safety of the general public. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of December, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: haws A„,,r T%'v "..Ci.? In WELD COUNTY, COLORADO Weld County Clerk and Recorder \ and Clerk to the Board J. cque e Joh s•, , Chairman EXCUSED BY: J G"7p--y} ., lti �_,_� �.-, Gene R. Brantner, Pro-Tem Deputy e County Cl rk ”/ _ APPROVED AS TO FORM: C.W. Rimy z GorLac',e7C;detZ2 P97-7) County Attorney / l *0 7 �iIi-;/ O Frank Yamaguch' tin i9-;/ a M- rz=-`xJ- ,0ca.%r£r - -S.(y0i(044 _ g' -=+. - . J 1-r,0 -9/4ct. 5�mjo Aht,4"-'1 r f - \,, 4 A - - r K 44 , , 79 7c/h// nick; lYr X 4 1r. -3T JJ SJWJ , .--; 2,1"L Cam! X11 i py cp1 A4 4 �' - ifrAJ v Sp W t G/t 1 Nl.r, N - Ili I ; >S,-4,:7472,.5.....--;< _ Tr j +T ,7, c. i .n ■.cy+-c.-. - • . `may TITLE �. - P i G �� t ')- R o` yl-w -y,l - _�. Y _ J q7�, SURVEY BY {� DATE ;+� DRAWN BY - y DATE la .5- CHECKED BY �/ DATE 1 k a, COUNTY ROAD NO_J / c.r y� APPROVED BY COUNTY ENGINEER -- T 7-a, � WELD COUNTY DEPARTMENT CF ENGINEERING mss•-ate FORM 16 275 ....75,C -x� RESOLUTION RE: APPROVE GRANT OF EASEMENT BETWEEN WELD COUNTY AND CONSTRUCTION LEASING INVESTMENT CO. 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 Grant of Easement between Weld County and Construction Leasing Investment Co. , and WHEREAS, said Grant of Easement will convey an easement from Weld County to Construction Leasing Investment Co. , said easement being located on property more particularly described in Exhibit "A" , a copy of said Grant of Easement and Exhibit "A" being attached hereto and incorporated herein by reference, and WHEREAS , after review, the Board deems it advisable to approve said Grant of Easement, and authorize the Chairman to sign same. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Grant of Easement between Weld County, Colorado, and Construction Leasing Investment Co. be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the chairman be, and hereby is , authorized to sign said Grant of Easement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of December, A.D. , 1985 . ) BOARD OF COUNTY COMMISSIONERS ATTEST: i 1,,-rE w,,,,, iw' WELD COUNTY, CO O DO Weld County Clerk and Recorder and Clerk to the Board cque ne Joh so , Chairman EXCUSED BY: /o , / Gene R. Brantner, Pro-Tem Deputy Clerk APPROVED AS TO FORM: C.W. Kirby /w1OftGo E. L /�/`/ County Attorney 1 n Yama eel? GRANT OF EASEMENT THIS GRANT OF EASEMENT is made this 3 6�.th . day of _DeLemkez__�r 1185, by the Board of County Commissioners of Weld County, Colorado, a body politic, hereinafter sometimes referred to as "Grantor," and Construction Leasing Investment Co. , a Colorado General Partnership, hereinafter sometimes referred to as "Grantee," V .I ,T,N -F. S -S.E.T.-$ .y WHEREAS , Grantor is the record owner of that property described on attached Exhibit "A", and WHEREAS, Grantor has agreed with Grantee to convey an easement over and across the East 60 feet of the above-described property for the purposes and subject to the conditions herein contained. NOW THEREFORE, in consideration of the mutual covenants and m to agreements of the parties, it is agreed as follows: N r 1. Grantor does hereby grant, bargain, convey and confirm o unto the Grantee, its successors and assigns, an easement and right of way for exclusive use by the Grantee, its successors and assigns, for 2 o purposes of ingress and egress, over and across the East 60 feet of z g rn o• that property described on attached Exhibit "A." 2 . The easement herein granted shall include a right of rn --. grading, constructing, maintaining and using such right of way as the z n co Grantee, its successors and assigns, determines it necessary in the rn=' a' exercise of the right of ingress and egress to the property located off site of that property described on attached Exhibit "A." 3. This Grant of Easement and all conditions and terms hereof to 44 shall be binding upon and shall inure to the benefit of the successors x o and assigns of the Grantor and to the heirs, personal representatives, r o successors and assigns of the Grantee. n o � IN WITNESS WHEREOF, the undersigned has set its hand the day n o o ta and year first above written. BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, COLORADO Beirm� • \-1110-1ATTEST: " """` F,t,c'fiw�� 'v Weld C nts Clerk and Recorder and Clerk to the Board V 1 (.4 County Cl rk STATE OF COLORADO ) ss. COUNTY OF WELD ) is The foregoing instrument was acknowledged before me Cmeithis _ /≤o�' , day of _L�c �n g!'L.Y_, 1985, by Jtcrs�v.h/L � ,ZG1 �o as and 7[ Csda s!>. . , as^Clerk of the Board of County Commissioners of Weld County, Colorado. j pu#y /? My commission expires: Notary Pu is 9i5 'ezz Acct da of The within Grant of Easement is accepted this y 1985. CONSTRUCTION LEASING INVESTMENT CO. a Colorado General Partnership General Partner/ STATE OF COLORADO ) ss. COUNTY OF ADAMS ) The foregoing instrument was acknowledged Siegribeforest, a ment this s day of 42 ," ,,_ c_ - , -, 1985, by Robert L.Partner of Colorado Leasing Investment Co. , a Colorado General Partnership. My commission expires: * C.ommiseen Eroires Nov. 20, 1"£7 2;4 J- ( SSz2:Y,,.1ott�.^ye takewyod �8c2L5 "Notary Public ((// / The West Half of the Northeast Quarter, Section 2, Township 2 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado, and that part of the Southwest Quarter of the Southeast Quar- ter of Section 35, Township 3 North, Range 68 West, County of Weld, State of Colorado, lying South of the center of the main channel of the St. Vrain River, said parcel containing 105. 70 acres, more or less, together with one share of the capital stock of the Rural Ditch Company with attendant water rights. EXHIBIT "A" A RC 03 6016 Recorded:, r:Clock_ - Reception No. . Recorder. THIS DEED,Made this November 17 ,19 80 between Construction Leasing Investment Co. , a general partnership h] bo of the O County of and State of Colorado,of the first part,and 01 VD VI Board of County Commissioners of Weld County, Colorado J whose legal address is X Z XI CJ of the County of Weld and State of o Colorado,of the second part: > N Z z � WZTNESSETH,That the said party of the first part,for and in consideration of "r1 Ten Dollars and other good and valuable consideration ARM= trcn to the said party of the first part in hand paid by said party of the second part,the receipt whereof is to hereby confessed and acknowledged,haS granted,bargained,sold and conveyed,and by these presents do grant, bargain, sell, convey and confirm, unto the said party of the second part,its heirs and assigns for- t ever,all the following described lot or parcel of land,situate,lying and being in the t-( t.. County of Weld and State of Colorado,to wit: Z CI CO See Attached Exhibit "A" tri X o CD 2, .. w zo A O t9 to zo o also known as street and number tt1 O TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise apper- Q taining, and the reversion and reversions, remainder and remainders,rents, issues and profits thereof, and all the n estate,right,title, interest, claim and demand whatsoever of the said party of the first part, either in law or O equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. o TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the n o QN said part y of the second part.ts heirs and assigns forever. And the said party of the first part, for it self, itsheirs, executors, and administrators, does covenant, grant, bargain, and agree to and _. with the said party of the second part, its heirs and assigns,that at the time of the ensealing and delivery of these presents, are well seized of the premises above conveyed,as of good,sure,perfect,absolute and . indefeasible estate of inheritance,in law,in fee simple,and ha s good right,full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind of naturesoever, except easements, restrictions, reservations, exceptions and covenants of record, and general property taxes for the year 1980 due and payable in the year 1981 and subsequent years and the above bargained premises in the quiet and peaceable possession of the said part y of the second part, its heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,the said party of the first part has hereunto set its hand and seal the day and year first above written. CONSTRUCTION LEASING 3 'VEST°+FNT (SEAL) CO. a general par tne rp C,/,..--_-;;V:e - SEAL) Rt ti (SEAL) STATE OF COLORADO, }ss. County of Adams The foregoinginstrument was acknowledged before me this * 17th day of November 69 80.",,i‘ „by Robert L. Siegrist, a general partner of Construction Leasing Investment 'My co mission expires March 7 .19 83 .Witness my hand and official seal. f ,o�kpr _. .. .o.� • "� Notary Public. 44- Or Lit No.932. WARRANTY DEED.—For Photographic Record.—©1978 Bradford Publishing Co.,1848 Stout Street.Denver,Colorado(S73.5011)-3-78 B 1095 REC 02036016 12/17/85 09: 30 $0. 00 2/002 F 1468 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO The West Half of the Northeast Quarter, Section 2, Township 2 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado, and that part of the Southwest Quarter of the Southeast Quar- ter of Section 35 , Township 3 North, Range 68 West, County of Weld, State of Colorado, lying South of the center of the main channel of the St. Vrain River, said parcel containing 105. 70 acres , more or less, together with one share of the capital stock of the Rural Ditch Company with attendant water rights . EXHIBIT "A" ,•-•‘ . Hr a mm ml 1982 * ate: e - - ) � � il "- ` -F, a 2 , _ G R t ci 2 // § w b � , \ \ \ /c ° \ 0 \\ a - ` o - `= 23 440 iv (O ft \ \ I ® & \ . . . . 31 7a\ ft-uT 1. 'aids _.m_�__ - > \ x %ion �c ! !!,y` ( e . co f 2a ( } } / } |Im !- ` »7 \( he a \ 7 w tI*21d m - ( f\ t■!! 2 } \ � | 0 1:171 '- ; .r . fla' | ) » c ,, f \ {a ® ® . • : . \ \& . / } [ i .5: \ \ { .\f gf ; ^ }-i i & / \\ $ � < 7CO Z \ : ! ` _� � I \ III 5 - . \ :� \ p f! ' > .� \1/40 ! ■ I . . : � . cr, ^-!t3 RESOLUTION RE: APPROVE AGREEMENT AND ADDENDUM BETWEEN AIMS COMMUNITY COLLEGE AND WELD COUNTY. AMBULANCE SERVICE ?ND 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, an Agreement and Addendum between Aims Community College and Weld County Ambulance Service has been presented to the Board of County Commissioners for approval, and WHEREAS, Weld County Ambulance Service will provide educational means for clinical practice for students enrolled in the Emergency Medical Technician Program, and WHEREAS, the further terms and conditions are as stated in the Agreement, a copy of which is attached hereto and incorporated herein by reference, and e WHEREAS, the Addendum refers to Workmen ' s Compensation as stated in the copy of said Addendum which is attached hereto and incorporated herein by reference, and WHEREAS, after study and review, the Board deems it advisable to approve said Agreement and Addendum. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement and Addendum between Aims Community College and 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 and Addendum. Page 2 RE: AGREEMENT - AIMS COMMUNITY COLLEGE The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of December, A.D. , 1985 . 1 • BOARD OF COUNTY COMMISSIONERS ATTEST: „A+cacuxcri WELD COUNTY COLORADO Weld County Clerk and Recorder and Clerk to the Board J:cq ine nson, Chairman o EXCUSED BY:� G7x.�yL� 41 Gene R. Brantner, Pro-Tem D puty County rk e /VA* APPROVED AS TO FORM: C.W. Ki b GOr . La If County t orney Fran amaguc T r 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 Agreement WHEREAS, Aims Junior College District operates Aims Community College. WHEREAS, College and Clinical Affiliate acknowledge a public oblig- .tion 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 author- izing 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 Colo. Dept. of Health, E.M.S. Education and approved by the Colo. State Board for Comm- unity 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 offerings in the College. 3. College in cooperation with the Clinical Affiliate staff will evaluate students during the program. 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 responsibilities seem to exist. 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. Page 2 • 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 eligible 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 College to use its patient care and patient service facilities for clinical ed- ucation according to the adopted plan approved by the State Board for Community Colleges and Occupational Education. It shall be mutually sat- isfactory 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 services 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 information 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 nay 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 instruct- or. 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, polices, 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. y:. 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 ensure 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 re- newable unless 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 party, 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 student into another program in order that they may grad- uate. This Agreement shall be effective on • Aims Community College in the City of Greeley and County of Weld, State of Colorado. By By Dr. George R. Conger, President Chairman Aims Community College Board of County Commissioners ADDENDUM Addendum to Agreement between Aims Community College and Weld County Ambulance Service Part II. A. 4 . shall read as follows: "College shall provide workman' s compensation and liability insurance for the students. " DATED this 16th day of December, 1985 Aims Community College in the City of Greeley and County of Weld, State of Colorado. By By Dr. George R. Conger, President Chairman Aims Community College Board of County Commissioners RESOLUTION RE: APPROVAL OF PROPOSAL FOR DESIGNATING WELD COUNTY AS AN AREA AGENCY ON AGING 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 Board of Commissioners has reviewed the criteria for Planning and Service Area designation for the operation of the Older American ' s Act Programs, and WHEREAS, the Weld County Board supports the designation of Weld County as a Planning and Service Area because of the success of the program since the original designation on May 28, 1980 , of Weld County as an Area Agency on Aging, and WHEREAS, a proposal for designating Weld County as a Planning and Service Area has been presented to the Board of County Commissioners of Weld County, Colorado, for approval, and WHEREAS, said proposal recommends the continued placement of the Area Agency within the Weld County Division of Human Resources where there are several existing programs serving senior citizens, and WHEREAS, the Board of County Commissioners has studied the proposal and deems it advisable to approve the same for submission to the State Office on Aging. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the proposal for the designation of Weld County as a Planning and Service Area for the administration of the Older American's Act Programs be, and hereby is, approved. J Page 2 RE: DESIGNATE WELD COUNTY AS AREA AGENCY ON AGING The above and foregoing following Resolution was, on on duly lyamade and seconded, adopted by the vote on the December, A.D. , �� BOARD OF COUNTY COMMISSIONERS i inv�1 P. uY %/' WELD COUNTY, 0 RADO ATTEST: /1 Weld County Clerk and Recorder cau ine J non, Chairman and Clerk to the Board / , EXCUSED Gene R. Brantner, Pro-Tem • BY:_ Deputy County C rk AopROBD AS TO FORM: C.W. /1.1 \County ttorney Franc Yama c If 1 'v" OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000.EXT.4200 ID P.O. BOX 753 GREELEY.COLORADO 80632 O • COLORADO December 18, 1985 Ruben Valdez, Executive Director Department of Social Services 717 17th Street P. 0. Box 181000 Denver, Colorado 80218-0899 Dear Mr. Valdez, This is to advise you that the Weld County Board of Commissioners has reviewed the criteria for Planning and Service Area designation for the operation of the Older American' s Act Programs. We support the continued designation of Weld County as a Planning and Service Area in this regard. The geographic area to be served will continue to be Weld County, Colorado whose 1986 projected population is 140,280 individuals. The Board assures that it is able to meet the financial matching responsibilities of a 25% cash match for administrative funds and a 10% in-kind match on service funds. The Board also assures that it has the administrative capability to carry out the responsibilities of an Area Agency on Aging as de- fined in the Older Americans Act and the Volume 10 State Manual . The Board has assigned administrative responsibilities for the Area Agency on Aging to the Division of Human Resources which, as an um- brella agency, has centralized administrative functions that are in- tegrated with the county's Fiscal, Personnel, Purchasing, and Contracts policies and procedures. The Division of Human Resources has • over ten years of exemplary experience managing a variety of human service programs and is without audit exceptions. The Weld Area Agency on Aging has made significant progress in the past five years to develop a highly visible and well coordinated system of services for Weld County' s elderly. Our experience as a Planning and Service Area for aging services has been positive and the Board is looking forward to continued close involvement with the Older Americans Act Programs. Sincerely yours, Jackie Johnson, Chairman Weld County Board of Commissioners JJ/lt • • RESOLUTION • RE: ADOPTION OF AMENDED SECTIONS OF THE ADMINISTRATIVE MANUAL ON POLICES AND PROCEDURES AND INCORPORATION OF SAID • AMENDMENTS IN THE ADMINISTRATIVE MANUAL • • • LdwX:RF,zs _ *ho Rnarrj of f`nnnty rnmini cci nrorc .+F WolA / �... #.. • L RESOLUTION RE: ADOPTION OF AMENDED SECTIONS OF THE ADMINISTRATIVE MANUAL ON POLICIES AND PROCEDURES AND INCORPORATION OF SAID AMENDMENTS IN THE ADMINISTRATIVE MANUAL 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 Director of Finance and Administration has prepared and presented to the Board of County Commissioners the amended and restated Policies and Procedures, dated December 18 , 1985 , and WHEREAS, the Board of County Commissioners deems it advisable to adopt the above Policies and Procedures amended sections of the Administrative Manual dated December 18 , 1985 , and further, to incorporate said sections into the Administrative Manual. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the above Policies and Procedures of the Administrative Manual be, and hereby are, adopted. BE IT FURTHER RESOLVED by the Board of County Commissioners that said amended sections shall be incorporated into the Administrative Manual and published by the Director of Finance and Administration for dissemination to all County Departments. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D. , 1985. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder u ine J h son, Chairman and Clerk to the Board^ ac 4 EXCUSED BY �u1 Gene R. Brantner, Pro-Tem eputy Cle k L APPROVED AS TO FORM: C.W. EYx ✓ Cou Attorney k Yam gu ;=c J _ POLICIES AND PROCEDURES a1 1\' T41:40ii Section Equipment Management WISubject Residence Garaging • COLORADO Date 12/18/85 Page 7 RESIDENCE GARAGING Residence garaging is permitted for vehicles assigned directly to a designated classification or position within a department where it has been determined by the Board of County Commissioners that it is in the interest of the County to allow daily residence garaging because the job assignment requires availability of the vehicle by the operator potential'v on call at all times for County service. Only positions specifically _signated by the Board of County Commissioners are permitted permanent residence garaging. The Comptroller shall, at all times, maintain a current authorization list of positions designated by the Board. See following list: FORMAT: Department (Number of vehicles) Positions with residence garaging Road & Bridge (24) Assistant Road & Bridge Director Road Maintenance Section (2) Maintenance Support Branch Head Maintenance Support Field Foreman Truck Branch Head Bridge Section Head Bridge Constructic- -ranch Heads (2) Bridge Repair Fief Foreman Mining Section Head On-Call Person (weekends only) Ambulance (Ambulances only) None Planning (2) None POLICIES AND PROCEDURPS A 114 I Section Equipment Management WILD Subject Table of Contents COLORADO Date 12/18/85 page Table of Contents TABLE OF CONTENTS Page INTRODUCTION 1 STATEMENT OF INTENT 2 CRITERIA DEFINITIONS 3 DEPARTMENTAL POOL 4 INDIVIDUAL ASSIGNMENT 5 INTERMITTENT RESIDENCE GARAGING 6 RESIDENCE GARAGING 7 TAX ON PERSONAL COMMUTING USE OF COUNTY VEHICLES 9 USE OF COUNTY-OWNED MOTOR VEHICLES 10 • OTHER POLICIES RELATING TO COUNTY VEHICLES 14 FIXED ASSETS 18 SALVAGE AND EQUIPMENT TRANSFER FORM (SAMPLE) 23 FIXED ASSET REPORT (SAMPLE) 24 POLICIES AND PROCED U R E S r3i1 LY a Section Equipment Management ��• Subject Tax on Personal Commuting Use of County Vehicle COLORADO Date 12/18/85 Page 9 TAX ON PERSONAL COMMITTING USE OF COUNTY VEHICLE Due to IRS regulations on employee fringe benefits, employees are allowed no personal use of their employer-provided vehicle. Vehicles are to be used for commuting to and from work and for business purposes during working hours. Only "de minimus" personal use is permitted (such as a stop for lunch) . $3.00 per work day of commuting will be included in employees' income to reflect the commuting use of the vehicles. This income will be added to applicable employees' wages on a quarterly basis. Social Security and taxes will be withheld at that time on the $3.00 per day additional income. Certain vehicles are exempt. The list includes law enforcement vehicles, passenger buses with a capacity of 20 persons or more, and special utility trucks (other than a van or pick-up). This will be effective for 1986 and all future years unless otherwise notified. POLICIES AND PROCEDURES .h & Section Equipment Management Wi` a Subject Residence Garaging COLORADO Date 12/18/85 Page 8 Sheriff (28) Sheriff Undersheriff Investigations Lieutenant Investigations Sergeant Patrol Captain Jail Captain Building Inspection (6) None Building & Grounds (6) Superintendent of Building & Grounds District Attorney (4) District Attorney Investigators (3) Pest & Weed (5) None Library (1) None Social Services (3) None Health (1) None Human Resources (32) None POLICIES AND PROCEDURES a Section General Adsainistration yl 11)` � 1� Subject Table of Contents COLORADO Date 12/18/85 Page Table of Contents DESCRIPTION OF WELD COUNTY RETIREMENT PLAN 30 - 31 INDUSTRIAL REVENUE BONDS 32 - 38 LIQUOR LICENSE RENEWALS/REFUSALS 39 - 41 REIMBURSEMENT FOR DAMAGE INCURRED IN EMERGENCY 42 PERMITS, REGULATIONS, FEES 43 - 47 POLICY ON COLLATERAL FOR IMPROVEMENTS 48 - 53 PROCEDURE FOR REQUESTING PRE-ADVERTISING ON LAND USE APPLICATIONS 54 - 55 LAND USE PACKETS 56 RECORD OF LAND USE HEARINGS 56.1 EMERGENCY CLOSING PROCEDURE 57 AUTHORITY TO INVEST IN GOVERNMENT SECURITIES 58 PROCEDURE FOR CHARTER PETITION 59 USE OF CONSERVATION TRUST FUNDS 61 AMBULANCE UNIFORM ALLOWANCE 62 PROCEDURE FOR PROBABLE CAUSE HEARINGS 63 GENERAL PROCEDURES FOR ADJUDICATORY-TYPE HEARINGS 64 NOTIFICATION PROCEDURE FOR EMERGENCY INCIDENTS 70 ROAD AND BRIDGE ADVISORY COMMITi tj 71 ROAD AND BRIDGE POLICIES 72 POLICIES AND PROCEDURES g {d' ' A 401Section General Administration ��• Subject Table o£ Contents COLORADO Date 12/18/85 _ Page Table of Contents TABLE OF CONTENTS BOARD PROCEDURES 1 — 2 WORK SESSIONS 3 DESIGNATION OF DEPARTMENTS FOR COMMISSIONER COORDINATOR 4 BOARD AND C01-AfISSION APPOINTMENTS 5 - 6 AUTHORIZATIONS 7 REHEARINGS ON LAND USE MATTERS 8 PLANNING MATTERS WITH LESS THAN FULL BOARD PRESENT 9 APPEALS PROCESS - 10 PRESS RELEASE POLICY 11 LOBBYING POLICY 12 - 13 CONTRACTS 14 LEGAL OPINIONS 18 PUBLICATION OF ANNUAL REPORTS 19 WELD COUNTY BLOOD BANK 20 • EMPLOYEE CAR POOLING 21 COLLECT CALLS BY EMPLOYEES TO CENTENNIAL CENTER 22 - 23 DIMENSION STANDARDS FOR LETTER SIZE MAIL 24 - 25 COUNTY PROPERTY 26 - 28 MINERAL LEASING POLICY 29 MINERAL LEASING POLICY CONCERNING EXTENSIONS 29.1 POLICIES AND PR0CEDUR E S Cc i , �� ' & � Section General Administration ��• Subject Guidelines for the Refusal to Renew A Liquor License COLORADO Date 12/18/85 Page 39 GUIDELINES FOR THE REFUSAL TO RENEW A LIQUOR LICENSE Ordinance No. 102—A specifies the guidelines for the refusal to renew a liquor license in Weld County. ORDINANCE NO. 102-A IN THE MATTER OF ESTABLISHING GUIDELINES FOR THE REFUSAL TO RENEW A LIQUOR LICENSE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, THAT WELD COUNTY ORDINANCE NO. 102 IS AMENDED TO INCLUDE THE FOLLOWING ADDITIONS: WHEREAS, the Colorado Liquor Code provides that the local licensing authority may refuse to renew any license issued by it for good cause, subject to judicial review, and WHEREAS, the Colorado Liquor Code provides that the local licensing authority may cause a hearing on the application for renewal to be held, so long as notice of hearing has been conspicuously posted on the licensed premises for a period of ten (10) days and notice of the hearing has been provided the applicant at least ten (10) days prior to the hearing, and WHEREAS, the Colorado Liquor Code does not provide any guidelines for the determination of whether a hearing on the renewal application should be held, or for the determination whether good cause exists to refuse the renewal of the livens NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that Weld County Ordinance 102 is hereby amended to include the following additions: BE IT FURTHER ORDAINED that the Board of County Commissioners of Weld County, Colorado, acting as the local licensing authority in Weld County, pursuant to the Colorado Liquor Code, may set public hearing in the renewal application if it finds probable cause to believe that anyone of the factors 1 through 4 mentioned below exists, and • P O L I C I E S AND P R O C E D U R E S fdt P'S ' Section General Administration WilkSubject Designation of Departments for Commissioner Coordination COLORADO Date 12/18/85 Page 4 DESIGNATION OF DEPARTMENTS FOR COMMISSIONER COORDINATION 1. Each of the five major departments shall be coordinated by a Commissioner together with assistance from another Commissioner, both of whom shall be appointed by the Board at its first meeting in January each year. The Chairman of the Board of County Commissioners shall be responsible for coordination of the Department of Finance, Central Purchasing, and Personnel. - 2. Department of Finance, Central Purchasing and Personnel Central Purchasing Division Predatory Animal Control Personnel Division Sanitary Landfills Finance Division Airport Building and Grounds Animal Control Parks and Recreation Missile Site Parks Veterans Office Office of Emergency Planning 3. Department of Health Services Health Department Health Board Hospital Hospital Board of Trustees Human Resources Human Resources Advisory Board Social Services Ambulance Service 4. Department of Planning Services Planning Department Housing Authority Building Inspection Uniform Building Code Board Board of Adjustment of Appeals Planning Commission Utilities Coordinating Board 5. Department of Engineering Services Road and Bridge Engineering 6. Department of Communications Services Extension Service Fair Board PBX County-wide Communications Information Services aMIIMMMMMMINIMIN POLICIES AND PROCEDURES i ' 1\ Section General Administration Subject Guidelines for the Refusal to Renew A Liquor License COLORADO Date 12/18/85 Page 41 d. Prior violations and offenses by the licensee. e. Violation, offense, or occurrence as a repeated course of conduct or as a single event. f. Likelihood of recurrence. g. All circumstances surrounding the violation, offense, or occurrence. h. Willfulness of violation(s) , o£fense(s) , or occurrence(s) . i. Length of time the license has been held by the licensee being disciplined. j . Previous sanctions imposed against the licensee. k. Other factors making the situation unique to the licensee or premises subjected to discipline. BE IT FURTHER ORDAINED that this Ordinance No. 102—A is declared to be an emergency ordinance under the provisions of Section 3-14 of the "geld County Home Rule Charter, because the Board of County Comm, stoners of Weld County, Colorado anticipates certain liquor licenses to come up for renewal at the start of 1985, and currently inadequate procedure exists to govern such process. • [Signatures and attestation) POLICIES AND PROCEDURES Section General Administration ��'��• Subject Guidelines for the Refusal to Renew A Liquor License COLORADO Da-te 12/18/85 Page 40 BE IT FURTHER ORDAINED that the Board of County Commissioners may consider the following factors in a public hearing to determine if good cause exists to refuse the renewal of any liquor license, and such consideration is denoted as Phase I of the public hearing: 1. Whether there has been any violations in the last one-year period by the licensee or by any of the agents, servants, or employees of this licensee of the provisions of the Colorado Liquor Code, or any of the rules or regulations authorized pursuant to the Colorado Liquor Code or any of the terms, conditions, or provisions under which the license was issued. 2. Evidence showing excessive noise, rowdiness, or disturbances on the continuous basis in the immediate area of the licensed premises which was substantially as a result of the operation of the licensed premise. 3. Evidence of persons being convicted under §42-4-1202, CRS, of driving under the influence of alcohol or driving while alcohol impaired after becoming intoxicated at said licensed premises. 4. Evidence that the reasonable requirements of the neighborhood are not being met and that the licensee is no longer of good character. BE IT FURTHER ORDAINED that Phase II of such public hearing shall be a determination of whether the following items mitigate or aggravate the effects of the four factors listed above, if any one of the Phase I factors are found to exists, such factors to be considered in determining whether denial of renewal is justified: a. Seriousness of the factor in terms of the affront to the public. b. Corrective actions taken by the license holder. c. Prior violations, offenses, and occurrences at the licensed premises and effectiveness of prior corrective action. POLICIES AND PROCEDURES ji _ '( . Section General Administration WIIDc• Subject Mineral Leasing Policy Concerning Extensions COLORADO Date 12/1$/65 page 29.1 MINERAL LEASING POLICY CONCERNING EXTENSIONS On August 29, 1985, the Board of County Commissioners adopted the following policy for extending the terms of all mineral leases. The Board will extend the terms of all mineral leases in which it is the Lessor according to the following conditions: 1. No lease term will be extended for more than six (6) months from the original expiration date as contained in the mineral ,lease. 2. That the Lessee shall pay to the Lessor the sum of one-third of the original bonus, with a minimum bonus of Ten Dollars ($10.00) per acre. 3. The Lessee must pay to the Lessor the sum of One Dollar ($1.00) per acre leased as delayed rental for the term of the extension. 4. That the royalty will remain the same as in the original lease. POLICIES AND PROCEDURES , D if? 'Pv ►� Section General Administration WI'Dc Subject Notification Procedures for Emergency Incidents COLORADO Date 12/18/85 Page 70 NOTIFICATION PROCEDURES FOR EMERGENCY INCIDENTS CLASS 1: ROUTINE INCIDENT: No injuries No request for resources Responder handles ACTION: Incident report filed next day. CLASS 2: Incident with injuries No request for assistance Responder handles ACTION: Normal duty hours, brief up After hours, incident report CLASS 3: Incident with injuries or potential of Involvement of County employees or resources Responder needs or requests assistance to include HAZMAT TEAM Any evacuation ACTION: Normal duty hours, brief up After hours, contact Commissioners CLASS 4: MAJOR: Imminent loss of life and property Major damage/disaster County resources dedicated EOC activated ACTION: Activate EOC, brief everyone P O L I t I E S AND PROCEDURES .A i> \ Section General Administration 119e. Subject Road and Bridge Advisory Committee COLORADO Date 12/18/85 Page 71 ROAD AND BRIDGE ADVISORY COMMITTEE The Board of County Commissioners, by resolution on February 2, 1981, created the Road and Bridge Advisory Committee specifying that the committee's function shall be as follows: 1. To make recommendations to the Board of County Commissioners on priorities for capital and repair projects to be included in the annual and 5-year plans; and to review the proposed annual and 5-year plans on a regular. basis. 2. To review the safety aspects of the County Road and Bridge system and to make appropriate recommendations for improvements to the Board of County Commissioners. 3. Such other functions as may from time to time be defined by the Board of County Commissioners. By-laws have been submitted and approved by the Board of County Commissioners on February 2, 1981. POLICIES AND PROCEDURES rah Section Safety and Insurance Subject Safety Manual - Occupational Illness and Injury Control COLORADO Date 12/18/85 Page 30 OCCUPATIONAL ILLNESS AND INJURY CONTROL 5.1 In addition to the methods cited in Section 4, there are several steps which may be taken to reduce the possibility of occupational illness and injuries. 5.5.1 Physical Examinations will be required in accordance with the Personnel Policies Manual. 5.2 FIRST-AID TREATMENT FOR SICK OR INJURED EMPLOYEES — Significant injuries or illness shall be reported and the supervisor will send the injured employee to seek first aid or medical treatment from the designated county medical facility. 5.2.1 The Engineering Department will develop and maintain a list of doctors in small towns and clinics in the County for use in emergencies. Radio procedures will be established so that injuries to employees in remote areas of the County can be handled as efficiently as possible. 5.2.2 If the employee has seen a doctor and he considers the employee capable of returning to regular work, the emplc- = will be allowed to do so. If the employee is considered be incapable of full job performance, the employee nay have job duties reassigned that can be performed properly and safely. The employee will be required to have the Weld County Medical Work Release form completed and signed by his/her doctor. 5.2.3 The family of an employee who is severely ill or injured shall be notified promptly by the department head. 5.2.4 The Safety Officer shall be notified immediately by the department head of all disabling and probable disabling injuries. 5.2.5 The Board of County Commissioners will be notified immediately of all deaths. POLICIES AND PROCEDURES `44' 11 •'t Section Safety and Insurance Subject Safety Manual - Safety Program Responsibilities COLORADO Date 12/18/85 Page 24 G. Continually observe and evaluate work conditions and work procedures to detect and correct unsafe conditions and practices. H. Promptly investigate and document all accidents and make certain that the recommended corrective actions are completed. (See Exhibit 5). I. Impose appropriate disciplinary action when warranted. J. Ensure the necessary safety equipment and protective devices for each job are available, used, and maintained properly. 3.5 EMPLOYEES - Each employee is required, as a condition of employment, to develop and exercise safe work habits in the course of their work to prevent injuries to themselves, their fellow workers, and conserve material and equipment resources. Each employee will: A. Promptly report to his/her supervisor all accidents and injuries occurring within the course of his/her employment. B. Cooperate with and assist in investigation of accidents to Identify correctable cause and to prevent reoccurrence. C. Promptly report to his/her supervisor all unsafe actions, practices, or conditions observed. D. Become familiar with and observe approved safe work procedures during the course of his/her work activities. E. Keep work areas clean and orderly at all times. F. Avoid engaging in any horseplay and avoid distracting others. G. Obey all safety rules and follow published work instructions. H. Wear required protective equipment when working in hazardous operation areas. I. Wear shirts at all times. J. Wear seat belts when operating any County vehicle or when operating a personal vehicle on County business, unless personal safety dictates otherwise. POLICIES AND PROCEDURES Section Safety and Insurance Subject Safety Manual - General Safety Rules COLORADO Date 12/18/85 Page 38 GENERAL SAFETY RULES 9.1 PROTECTIVE CLOTHING OR EQUIPMENT — Wear special protective clothing when specified, such as: gloves, body protection, face protection, safety shoes, safety glasses, hard hats, etc. 9.2 HOUSEKEEPING - Keep equipment, tools, materials and work areas clean and orderly. 9.3 MACHINE GUARDING - Be sure that all drives, transmissions, and revolving parts are guarded. 9.4 MOVEMENT - Walk, never run. Use handrails on stairs. Be cautious when approaching swinging doors, corners, congested areas. 9.5 LIFTING - When lifting bend the knees or get help with heavy loads. 9.6 "HORSEPLAY" - An act in jest can end in disaster. 9.7 FIRE AND EMERGENCY PROCEDURES - Know what to do, what action to take, where to go. 9.8 REPORT ALL INJURIES - Report all injuries to your supervisor. 9.9 HAND TOOLS - Regularly check the condition of all hand tools. 9.10 PORTABLE POWER TOOLS — All portable power tools must be grounded or double insulated. 9.11 SMOKING - Obey all smoking regulations. 9.12 SEAT BELTS - All drivers will wear seat belts while operating County vehicles or when operating personal vehicles on County business. Drivers will be responsible to insure that all passengers in the vehicle have fastened their seat belts while the vehicle is in motion. POLICIES AND PROCEDURES (Thq14,,it {( Section Safety and Insurance WINC Subject Safety Manual -- Emergency Procedures COLORADO Date ?2/18/85 Page 37 8.2.5 The Command Center should be notified of any findings. Employees will be allowed to exit the building, if they wish, during the building search. The Communications Center must be manned during this time. If Communications Center employees wish to leave the building, the Director or Assistant Director will operate the Center. Mandatory evacuation orders may be made by any County Commissioner during this time. 8.2.6 If an explosive device is located, the building will be evacuated immediately upon orders of the Sheriff or the ranking deputy present, according to building fire evacuation plans. The Communications Center will only be evacuated if the device is so located as to cause damage inside the immediate area. The Communications Center will institute their procedures for emergency operation outside the building, if evacuation is ordered. REMEMBER: Do not touch anything which is unusual in your area. Report anything which you cannot account for in your department. If you find or see an explosive device, leave the area quickly and close all doors behind you. NOTE: This procedure is written for the entire Complex. Each Department may initiate specific procedures inside that department to elaborate on specific assignments. The Sheriff's Office is available to assist with these procedures on request. POLICIES AND PROCEDURES aJ ' .41 ; \ Section Safety and Insurance ��• Subject Safety Manual -- Exhibit 7 COLORADO Date 12/18/85 Page 46 WELD COUNTY ORIGINAL COPY ACCIDENT AND DAMAGE REPORT Personnel Depart-rent ht DATE AND HOUR OF ACCIDENT • .LOCATION OE ACCIDENT TYPE OF VEHICLE LICENSE NO. COUNTY NO. POLICE CALLED: YES NO SUMMONS ISSUED: _ PERSONAL INJURIES: _ YES NO IF YES, GIVE NAME AND EXTENT: SUPERVISOR'S SIGNATURE DEPT DATE EMPLOYEE AND OTHER OWNERS OF DAMAGED PROPERTY NAME ADDRESS • I PHONE I EXT. OF DAMAGE EST" AMOUNT I I I i WITNESS TO ACCIDENT OR DAMAGE NAME_ ADDRESS PHONE I REMARKS � I STATEMENT OF COUNTY EMPLOYEE OR OTHERS INVOLVED: DRAW DIAGRAM-SHOW VEHICLES-SHOW NORTH: • SIGNATURE OF EMPLOYEE OR OTHER x'* SuATVS ON REPAIR OF COUNTY V_isC,E *** Is this vehicle going to be rearmed? If vehicle is to be-repaired please submit three estirates to the Pesonnel Depart^rnt within fourteen days of accident. If vehicle is not going to be repaired, please explain; • Supervisor'5 Sicnature POLICIES AND PROCEDURES t� {s4 �) ',v9 1, Section Safety and Insurance WIDcSubject Safety Manual -- Exhibit 6 COLORADO Date 12/18/85 Page 45 VEHICLE/PROPERTY DAMAGE REPORTING SYSTEM Accident or Property Damage Employee completes Accident/Damage report and State FRA (if cost exceeds $200) . Immediate Supervisor Reviews reports and recommends what action should be taken Department Head Department Head reviews and signs report. (*) State FRA (must complete within 10 Personnel days of accident) . Department Copies of Accident/Damage Report to all the following: State Safety County Gallagher Department Director Attorney Bassett of Revenue *Disciplinary action may be taken if necessary. POLICIES AND P R E .J U R E S j I `Ai Section Accounting Manual • HNC Subject Uniform Classification Chart of Accounts COLORADO Date 12/18/85 Page 13 AGENCY FUND GROUP (70 — 79) 70 71 PAYROLL AGENCY FUND 72 HOSPITAL AGENCY FUND 73 TREASURER'S AGENCY FUND 74 SECTION 8 HOUSING 75 HOUSING AUTHORITY GRANT FUND 76 STATE REIMBURSEMENT FUND 77 AIRPORT AGENCY FUND 78 79 TRUST/AGENCY FUND GROUP 80 PENSION TRUST FUND 81 HOSPITAL EXPENDABLE TRUST FUND 82 GREELEY VIDEO INC. TRUST FUr ) 83 HEALTH INSURANCE TRUST FUND 84 DEFERRED COMPENSATION FUND 85 ANTELOPE HILLS TRUST FUND 86 87 88 89 GROUP OF ACCOUNTS FUND GROUP (90 - 99) 90 SUPPLY INVENTORY 91 PRINTING INVENTORY 92 93 94 95 96 97 98 GENERAL FIXED ASSET GROUP OF ACCOUNTS 99 POLICIES AND PROCEDURES � +� a Section Arrnttnting Manual Subject Uniform Classification Chart of Accounts Wi`P�. COLORADO Date 12/18/85 Page 12 DEBT SERVICE FUND GROUP (40 - 49) 40 DEBT SERVICE 41 42 43 44 45 LONG-TERM DEBT 46 47 48 ' 49 SPECIAL ASSESSMENT FUND GROUP (50 - 59) 50 ELMORE ROAD 51 ROAD 5 IMPROVEMENT DISTRICT 52 WELD LIBRARY DISTRICT 53 54 55 56 57 58 59 INTERNAL SERVICE/ENTERPRISE FUND GROUP (60 - 69) 60 61 MOTOR POOL SERVICE FUND 62 63 64 PRINTING AND SUPPLY SERVICE FUND 65 COMPUTER SERVICE FUND 66 INSURANCE SERVICE FUND 67 PBX - PHONE SERVICE FUND 68 69 POLICIES AND PROCEDURES it? ' fttai Section Accounting Manual gD E Subject Uniform Classification Chart of Accounts blii COLORADO Date 12/18/85 Page 22 3630 Special Assessments 3631 A-87 Cost Plan 3632 Data Processing 3640 Refunds of Expenditures 3641 Motor Fuel Taxes 3642 Other 3670 Contributions and Donations 3671 Contributions from Public Enterprises 3672 Donations from Private Sources 3673 In-Kind 3680 Other 3700 TRANSFERS FROM OTHER FUNDS 3710 Appropriation Grants-In-Aid 3720 Excess Revenue or Earnings 3730 Surplus Funds — Completed Projects 3740 Other Operating Transfers 3800 FEE ACCOUNTS 3820 Sheriff's Fees 3821 Service of Process 3822 Travel 3823 Other Fees 3830 County Clerk's Fees 3831 Recording 3832 Motor Vehicle 3833 Acknowledgements 3834 Marriage Licenses 3835 Certified Copies 3836 Clerk Hire 3840 County Treasurer's Commissions and Fees 3841 Tax Collections 3842 Certificates of Purchase and Redemption 3843 Treasurer's Deeds 3844 Advertising 3850 Assessor's Fees 3890 Public Trustee's Deeds POLICIES AND PROCEDURES +� \ Section Accounting Manual lane Subject Uniform Classification Chart of Accounts COLORADO Date 12/18/85 Page 21 3420 Public Safety 3421 Special Police Services 3422 Special Fire Protection Services 3424 Protective Inspection Fees 3429 Rescue Unit Fee 3430 Highways and Streets 3431 Street, Sidewalk, and Curb Repairs 3432 Parking 3433 Street Lighting Charges 3435 Highway and Street Permits 3450 Health 3451 Vital Statistics 3452 Health Inspection Fees 3453 Lab Fees 3454 Clinic Fees 3455 Meat Inspection 3456 Septic 3470 Culture — Recreation 3474 Park and Recreation Fees • 3475 Exhibition Hall Use Fees 3476 Library Use Fees (not fines) 3479 County Fair 3480 Refuse Disposal 3481 Landfill Surcharge 3482 Weed Spraying 3500 FINES AND FORFEITS 3520 Library Fines 3525 Sheriff Forfeiture 3530 Other 3600 MISCELLANEOUS REVENUE 3610 Earnings on Deposits and Investments 3620 Rents and Royalties 3621 Rents from Land 3622 Rents from Buildings 3623 Royalties 3624 Rents, Equipment 3625 Depreciation POLICIES AND PROCEDURES j� a+ it 'w Section Accounting Manual ISubject C Uniform Classification Chart of Accounts COLORADO Date 12/18/85 Page 26 115 Administration 1151 Financial Administration 1152 General Accounting 1153 Purchasing 1154 Personnel • 1155 Printing/Supplies 119 Other 1191 Data Processing 1192 PBX - Phone Service 1941 Acquisitions 1942 Lands 1943 Land Improvements 1944 Buildings 1945 Equipment 200 PUBLIC SAFETY 210 Law Enforcement 2110 Sheriff Administration 2111 Crime Control and Investigation 2112 Possee/Special Deputies 1228 Regional Forensic Laboratory 2150 Communications Services 2151 Communication System Development 2160 Ambulance Services 2180 County Coroner 230 Correction 2310 Correctional Administration 2320 Community Correction • 2330 Delinquents & Other Institutions 2340 Public Service DUI 240 Protective Inspection 2420 Building Inspection POLICIES AND PROCEDURES -�� ai,\ AltaiSection Accounting Manual ��• Subject Uniform Classification Chart of Accounts COLORADO Date 12/18/85 Page 25 0001 NON-DEPARTMENTAL 100_ GENERAL GOVERNMENT 101 County Commissioners 1011 Office of the Board 1012 County Attorney 1013 Public Trustee 1014 Planning and Zoning 102 County Clerk and Recorder 1021 County Clerk 1023 Motor Vehicle 1025 Elections and Registration 103 County Treasurer 1031 County Treasurer 104 County Assessor 1041 County Assessor 106 Maintenance of Buildings and Plant 1061 Maintenance of Buildings/Grounds 111_ Legislative 1110 County Council 112_ Judicial 1123 District Attorney 1125 Juvenile Diversion Grant 1126 Victim Assistance POLICIES AND PROCEDURES {?1 - �� a ,c Section Accounting manual WIIIDC. Subject Uniform Classification Chart of Accounts COLORADO Date_ 12/18/85 Page 28 400 HEALTH AND WELFARE 410 Health 4110 Public Health Administration 4120 Vital Statistics 4130 Health Education 4140 Nursing 4150 ARRC 4170 Environmental Health 4180 Lab 4190 Mental Health 4191 Developmentally Disabled 4192 Seniors Programs 440 Public Welfare (Social Services) 4410 Administration 4411 IV-D Administration 4420 Institutional Care 4430 Direct Assistance 4431 General Assistance 4432 Aid to the Blind 4433 Aid to Dependent Children 4434 Aid to the ?seedy Disabled 4435 Child Welfare 4436 Title XX 4437 Day Care 4438 Medicaid Transportation 4439 Service Payments 4440 Old Age Pension 4441 Placement Alternative Care 4442 AFDC-U -443 AND Other 4445 OAP-B 4446 Staff Development 4447 Medical Examination 4449 IV-D 4450 Vendor Welfare Payments 4460 LEAP 4470 I.R.A. 4499 FEMA POLICIES AND PROCEDURES {t 4' ti Section Accounting Manual Subject Uniform Classification Chart of Accounts COLORADO 11111119e Date 12/18/85 Page 27 290 Other Protection 2910 Civil Defense 2911 Energy Impact Assistance/HAZMAT 2930 Traffic Engineering 2960 Predatory Animal Control 2970 Fire Control 2980 Animal Control 2990 Pest/Weed Control 300 PUBLIC WORKS 310 Highways and Streets 3111 Rights-of-Way 3120 Preliminary and Construction Engineering 313 Construction 3131 Roadway Construction 3132 Bridge Construction 3140 Maintenance of Condition 3141 Maintenance Support 3145 Trucking Division 3146 Mining Division 3160 Traffic Services 3170 Highway Equipment 3180 Administration 3182 General Engineering 3190 Other Public Works 320 Sanitation 3240 Waste Disposal 3400 Extension Services 3700 Veterans Office 3800 Public Parking 3900 Airport POLICIES AND PROCEDURES Section Accounting Manual WINGSubject Uniform Classification Chart of Accounts COLORADO Date 12/18/85 Page 29.1 700 DEBT SERVICE 7010 Bond Principal 7020 Interest Payments 800 INTERGOVERNMENTAL COOPERATION OUTLAYS 8010 Grants-in-Aid to Cities and Towns 8030 Grants-in-Aid 900 MISCELLANEOUS 9020 Other 9029 Program Admin/Rehab 9030 IRB Building Rents 9032 Post Admin. Expenses 9033 Admin Expenses 9034 Housing Assistance 9035 General Administration 9037 Acquisition Related Admin. 9038 Relocation Admin. Expense 9039 Rehab. Program 9040 Acquisition Program 9050 Improvement Districts 9055 C.D.B.G. 9056 Division of Housing 9060 Rental Rehab 950 TRANSFERS TO OTHER FUNDS 9510 Appropriation Grants-in-Aid 9540 Other Operating Transfers 980_ COST OF SALES 9801 Purchase of material POLICIES AND PROCEDURES t 1\ "Pliti Section Accounting Manual Subject Uniform Classification Chart of Accounts COLORADO Date 12/18/85 page 29 • 500 CULTURE - RECREATION 5140 Exhibition Building 520 Parks 5220 Missile Site Park 550 Libraries 5510 Library Administration 5520 SARC 5530 Payment For Lending 5540 Clearing 5700 County Fair 610 Conservation of Natural Resources 6120 Northern Colorado Research Center 6160 Greeley West Soil Conservation 64 Economic Assistant 6400 6% TAC C.O. 6430 JTPA 8% Youth 6440 JTPA Incentive 6480 Summer Youth 6490 JTPA Basic 6510 Job Service 6520 Economic Development 6600 Headstart 6610 Headstart Handicap 6620 Headstart T & TA 6640 Migrant Headstart 6650 CSA/CAP 6700 Supplemental Foods 6750 DOE Weatherization 6800 OAA Area Agency 6850 OAA Title III C-1 Congregate 6860 OAA Title III-C 6900 Transportation 6910 Welfare Diversion 6950 General Admin. Allocation 6980 Transportation Allocation POLICIES AND PROCEDURES t 4'1W 1S , .' Section Accounting Manual ISubject Uniform Classification Chart of Accounts COLORADO Date 12/18/85 Page 30 UNIFORM CLASSIFICATION OF ACCOUNTS OBJECT EXPENDITURES CLASSIFICATION 6100 PERSONAL SERVICES: This is a basic classification of expenditure by object for services rendered by officers and employees of the governmental unit, in— cluding related benefits and employer's contributions. 6200 SUPPLIES: This is a basic classification of expenditures by object for articles and commodities which are purchased for consumption or resale and are materially altered when used. 6300 PURCHASED SERVICES: This is a basic classification by object for services other than Personal Services which are required by the governmental unit in the administration of its assigned functions or which are legally or morally obligatory on the government unit. 6400 BUILDING MATERIALS: This is a basic classification by object for all materials related to building. 6500 FIXED CHARGES: This is a basic classification by object for charges that are mainly fixed from period to period and cannot be classified under another object. 6600 DEBT SERVICE: This is a basic classification of expenditures by object representing outlays for the repayment of debt and for related charges. POLICIES AND PROCEDURES ' Section Accounting Manual %V itae Subject Uniform Classification Chart of Accounts COLORADO Date 12/18/85 Page 33 6236 Electrical Supplies 6237 Explosives 6238 Repair Parts for Water or Sewer Lines, Meters, etc. 6239 Tires, Tubes, etc. 6240 Other Repair and Maintenance Supplies 6241 Consumable Tools 6242 Sign Parts and Supplies 6243 Traffic Signal Supplies 6250 Supplies for Resale 6251 Cost of Goods Sold 6252 Maps and Code Books 6300 PURCHASED SERVICES 6310 Communication and Transportation 6311 Postage, Box Rent, etc 6312 Freight, Express, and Truck Charges 6313 Automobile Licenses and Titles 6314 Messenger and Delivery Services 6315 Transportation of Prisoners 6316 Radio Services 6317 Vehicle Tow-In Services 6318 Other Communication and Transportation 6320 Printing, Duplicating, Typing and Binding 6321 Printing, Forms, etc. 6322 Books, Catalogs, Brochures, Printing and Binding 6323 Publications, Reports, etc. 6324 Duplication (Xerox, etc.) 6325 Typing Services 6326 Central Printing Services 6327 Map Printing 6328 Other Printing, Duplicating, Typing and Binding 6330 Publicity, Subscription and Dues 6331 Publication of Formal and Legal Notices 6332 Publication of Reports 6333 Subscriptions to Newspapers and Periodicals 6334 Tax, Law, or other Services on a Subscription Basis 6335 Memberships and Registration Fees 6336 Public Relations 6337 Advertising 6338 Other Publicity, Subscriptions, and Dues POLICIES AND PROCEDURES Q 13� Section Accounting Manual Subject Uniform Classification Chart of Accounts COLORADO Date 12/18/85 Page 34 6340 Utility services 6341 Electric 6342 Water 6343 Sewer 6344 Gas 6345 Telephone and Telegraph 6346 Other Utility Services 6350 Professional Services 6351 Medical, Dental, Veterinary Services 6352 Legal Services 6353 Accounting 6354 Auditing 6355 Architectural, Engineering and Landscaping Services 6356 Data Processing Services 6357 Consultant's Services 6358 Other Professional Services 6359 Witness Depositions 6360 Repair and Maintenance Services 6361 Repair and Maintenance, Motor Vehicles 6362 Other Machinery and Equipment 6363 Furniture, Office Machines and Office Equipment 6364 Traffic Lights, Parking Meters and Related Equipment 6365 Grounds and Ground Improvements 6366 Buildings & Grounds Services 6367 Plumbing, Heating and Electrical Services 6368 Roads and Streets 6369 Other Repair and Maintenance Services 6370 Travel and Meetings 6371 Motor Pool 6372 Employee Automobile Allowance 6373 Out-of-Town Expense 6374 Air Travel 6375 Staff Local Travel 6376 Vehicle Lease Rental 6377 Meals 6378 Other Travel 6379 Meeting Expenses 6380 Training Services 6381 Tuitions 6382 Books 6383 Testing POLICIES AND PROCEDURES }I„ V ' ' Section Accounting Manual Wit e Subject Uniform Classification Chart of Accounts COLORADO Date 12/18/85 Page 35 ` 6390 Other Purchased Services 6391 Ambulance, Clinic and Hospital Services 6392 Boarding Prisoners 6393 Recording Documents 6394 Jury and Witness Fees 6395 Landfill Services 6396 Burial Services 6397 Contract Payments 6398 Other Contracted Services 6399 Physicals 6400 BUILDING MATERIALS 6410 Concrete and Clay Products 6411 Concrete Pipe and Fittings 6412 Ready Mixed Concrete 6413 Precast Concrete Slabs 6414 Concrete Blocks 6415 Concrete Culverts 6416 Cement and Concrete Supplies 6420 Metal Products 6421 Structural Steel and Iron 6422 Metal Pipe and Fittings 6423 Guard Rails and Posts 6424 Reinforcement Steel 6425 Small Hardware, Wire and Nails 6426 Metal Culverts 6427 Other Metal Products 6430 Wood Products 6431 Lumber 6432 Other Wood Products 6440 Plastic Products 6441 Plastic Pipe 6442 Other Plastic Products 6450 Raw Materials 6451 Crushed Stone 6452 Gravel and Sand 6460 Electrical Fixtures and Small Appliances 6470 Fabricated Materials 6471 Asphalt and Asphalt Filler 6472 Other Fabricated Materials 6490 Other Materials POLICIES AND PROCEDURES � \ 's Section Accounting Manual Subject Uniform Classification Chart of Accounts COLORADO Date 12/18/85 Page 36 • 6495 Miscellaneous 6500 FIXED CHARGES 6510 Insurance 6511 Insurance on Buildings 6512 Insurance on Vehicles and Equipment 6513 Liability 6514 Other Insurance 6520 Premiums on Surety Bonds 6521 Surety Bonds for Officials and Employees 6530 Rent 6531 Building and Office Rental 6532 Land Rental 6533 Machinery and Equipment Rental 6540 Depreciation 6541 Provision for Depreciation 6550 Investment Revenue Costs 6551 Trustee Fees 6552 Amortization of Bond Premium 6553 Amortization of Annuities Purchased 6554 Investment Costs 6555 Bank Service Charges 6556 Other Investment Costs 6560 County Treasurer's Collection Fees 6561 AIR Collection Expense 6590 Other Fixed Charges 6591 Payments in Lieu of Taxes 6592 Taxes — Other 6600 DEBT SERVICE 6610 Principal 6620 Interest 6630 Amortization of Bond Discount or Premium 6640 Paying Agent Fees 6700 GRANTS, CONTRIBUTIONS, INDEMNITIES AN!) OTHER 6710 Direct Relief to Indigents 6711 Indigents' Food and Groceries 6712 Indigents' Drugs and Medicine POLICIES AND PROCEDURES is11 '1, Section Accounting Manual LID C. Subject Uniform Classification Chart of Accounts COLORADO Date 12/18/85 Page 37 6713 Indigents' Fuel 6714 Indigents' Rent and Utilities Services 6715 Indigents' Clothing 6716 Indigents' Transportation 6717 Indigents' Direct Payments 6718 Other Direct Relief to Indigents 6720 Grants and Donations to Other Institutions 6721 Neighborhood Council Support 6730 Awards and Indemnities 6731 Compensation for Damages 6740 Loses 6741 Bad Debt Expenses (Uncollectible Revenues) 6750 Transfers to Other Funds 6780 Contingency Reserve 6790 Other Grants, Contributions, and Indemnities 6800 INTERGOVERNMENTAL SUPPORT SERVICES 6810 Library 6820 Health 6830 Planning 6840 Airport 6850 INTERDEPARTMENTAL CHARGES 6851 Contra—Expense 6900 CAPITAL OUTLAY 6910 Land 6920 Buildings 6921 Administrative Office Buildings 6922 Operational (Factories, Garages, Warehouses, etc.) 6923 Residential 6924 Other Buildings 6930 Improvements Other than Buildings 6931 Roads, Streets and Parking Lots 6932 Bridges and Tunnels 6933 Airfields 6934 Drainage, Water Supply and Storage, Sewage Disposal 6935 Garbage Disposal (Landfills, Incinerators) POLICIES AND PROCEDES j' Section t � Accounting Manual �ID�• Subject Printing & Supply Charges Date 12/18/85 Page 83 • COLORADO PRINTING AND SUPPLY CHARGES Printing and supply charges are initiated by the Printing and Supply Department and posted to the general ledger by the Accounting Office. To record the sale and purchase of supplies and reprographics, the following steps should be adhered to: SUPPLY CHARGES: Responsibility Action • Department Completes an inter-county requisition and forwards to Printing and Supply for processing. Printing and Supply Fills the order and forwards the requisition to Finance. Finance Department Enters the appropriate information regarding the sale • into the inventory system via CRT. Prior to month-end close, totals monthly sales by fund and • department. Forwards summary information to Accounting for posting and sends copy to department, along with yellow copy of requisition form. Accounting Initiates a journal entry and corresponding inter-fund transfer to charge departments for supplies, credit, Printing and Supply for revenue and to distribute cash accordingly. POLICIES AND PROCEDURES tom' h ` { Section AccountingManual • W IWilllie Subject Uniform Classification Chart of Accounts COLORADO Date 12/18/85 Page 38 6936 Parks and Recreation Facilities 6937 Other Improvements 6940 Machinery and Equipment 6941 General Purpose Machinery and Equipment 6942 Construction and Maintenance, Machinery and Equipment 6943 Agricultural Machinery and Equipment 6944 Transportation Equipment 6945 Communication Equipment 6946 Medical Equipment 6947 Office Machinery and Equipment 6948 Computer Equipment 6949 Other Machinery and Equipment 6950 Construction-in-Progress 6951 Rights-of-Way 6999 (Loss) or Gain on Sale of Assets POLICIES AND PROCEDURES titt *Pi Section Accounting Manual Subject Printing & Supply Charges • COLORADO Date 12/18/85 Page_ 84 REPROGRAPHIC CHARGES: Responsibility Action Department Completes a reprographics work order and forwards to Printing and Supply for processing. Printing and Supply Fills the order and completes the pricing section. Sends all daily reprographics work orders to Finance. Finance Prior to month-end close, totals all reprographics work orders by fund and department. Forwards summary information to Accounting and sends copy to department along with the yellow copy of the Work Order. Accounting Initiates a journal entry and corresponding inter-fund transfer to charge departments for print jobs, credit printing and supply for revenue and to distribute cash accordingly. RESOLUTION RE: APPROVE HOUSING POLICY REPORT UNDER SECTION 103A OF THE INTERNAL REVENUE CODE FOR SINGLE-FAMILY MORTGAGE REVENUE BONDS 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, (the "County") is authorized by the Colorado County and Municipality Development Revenue Bond Act, constituting Sections 29-3-101 through 29-3-123 , inclusive, Colorado Revised Statutes, to finance, refinance, acquire, own, lease, improve, and dispose of properties to the end that more adequate residential housing facilities for low- and middle-income families and persons may be provided, which promote the public peace, welfare, safety, convenience and prosperity, and WHEREAS, Section 103A of the Internal Revenue Code of 1954 , as amended (the "Code") , sets forth requirements which must be satisfied in order for interest on the bonds issued to finance residential housing facilities to be exempt from federal income taxation, and WHEREAS, the Tax Reform Act of 1984 amended Section 103A of the Code by, among other things, adding Section 103A(j ) (5) of the Code which provides that an issue of bonds to finance residential housing facilities is exempt from federal income taxation if, among other things, the issuer has published (after a public hearing following reasonable public :notice) a report by the last day of the year preceding the year Ln which such bonds are issued and a copy of such report has been submitted to the Secretary of the United States Department of the Treasury on or before such last day, and WHEREAS, the report required by Section 103A(j ) (5) of the Code must include a statement of the policies with respect to housing, development and low-income housing assistance which the issuer is to follow in issuing qualified mortgage bonds and mortgage credit certificates and an assessment of the compliance of such issuer during the preceding one year period preceding the date of the report with the statement of policy on qualified y`-• Page 2 RE: POLICY REPORT UNDER SECTION 103A mortgage bonds and mortgage credit certificates and that was set forth in the previous report, if any, and the intent of the Congress that isscers are expected to use their authority to issue qualified mortgage bonds and mortgage credit certificates to the greatest extent feasible (taking into account prevailing interest rates and conditions in the housing market) to assist lower income families to afford home ownersh .p before assisting higher income families, and WHEREAS, there has been prepared a report entitled "Policy Report Under Section 103A" (the Report) setting forth the information required under Section 103A(j ) (5) of the Code and Section 6a. 103A-2 (1) of the Regulations , and WHEREAS, there was published in newspapers of general circulation available to residents of the County a notice to inform residents of the County of a public hearing to be held on December 18 , 1985 , in connection with the meeting of the Board of County Commissioners of the County to consider passage of a Resolution approving the Report, which notice set forth the time and place or the hearing and was published at least fourteen days prior to the date of the public hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado: Section 1 . On December 18 , 1985 , tle Board of County Commissioners, at its regular meeting, conducted a public hearing on the Report, at which time the Report was discussed and a reasonable opportunity was afforded to all interested persons to express their views, both orally and in writing, on the Report. Section 2 . The Board of County Commissioners approves the Report and authorizes the Chairman of the Board of County Commissioners to execute the Report on behalf of the County and submit a copy of the Report to the Secretary of the United States Department of the Treasury and to the Commissioner not later than December 31 , 1985 . The officers of the County are authorized to take any other action which is required by Section 103A(j ) (5) of the Code and regulations promulgated thereunder with respect to the Report. Page 3 RE: POLICY REPORT UNDER SECTION 103A Section 3. This Resolution shall be in full force and effect upon its passage and approval. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D. , 1985 . }� nn BOARD OF COUNTY COMMISSIONERS ATTEST /t: 1i a,v„,,.t&,Q tri WELD COUNTY, OLORADO Weld County Clerk and Recorder and Clerk to the Board cqu ine Jo n on, Chairman EXCUSED b7Kw1,q_J _ 4LA£/ Gene R. Brantner, Pro-Tem eputy County C rk APP VED AS TO FORM: Go do cy ' /- Co ty A�ey Fn a a chi WELD COUNTY, COLORADO (TIN NO. 84-6000-813) POLICY REPORT UNDER SECTION 1C3A Dated as of June 30 , 1985 I. PRELIMINARY STATEMENT Pursuant to the County and Municipality Development Revenue Bond Act, constituting Article 3 , Title 29 , Colorado Revised Statutes, Weld County, Colorado (the "County") , is authorized to finance more adequate residential housing facilities for low- and middle-income families and persons. The term "low-- and middle-income families and persons" is defined by statute to mean those who "lack the financial ability to pay prices or rentals sufficient to induce private enterprise in such county or municipality to build a sufficient supply of adequate, safe and sanitary dwellings without the special assistance afforded by [the statute] . " Consistent with this statutory authority, the Mortgage Subsidy Bond Tax Act of 1980 and the Tax Reform Act of 1984 , the County intends to issue or participate wth other counties within the State of Colorado in the issue of qualified mortgage bonds in 1986 to further the policies and goals described herein. II. HOUSING POLICIES AND GOALS A. The primary goals of the County' s 1986 qualified mortgage bond program (the "program") are: 1 . to assist in providing affordable housing for residents of the County in accordance with expected demand, and 2 . to assist qualified low- and middle-income families and persons to obtain the benefits of home ownership through lower interest rates. B. The proceeds of the qualified mortgage bonds which the County expects to issue or participate in the issuance of in 1986 (the "bonds" ) are expected to be used to provide financing for the acquisition of residences, rather than to provide financing for home improvement loans or relabilitation loans. C. The proceeds of the bonds are expected to be used to acquire mortgage loans for both new and existing housing, and to be used to finance the acquisition of detached structures, condominiums and townhouses to be used as residential housing for one family units, provided , however, that mortgage loans will not be financed for the acquisition of duplexes or two-family dwellings, and in each case to be used by the mortgagor as his or her sole place of residence. It is expected that a portion of the proceeds of the Page 1 of 7 Pages bonds will be committed to finance new residences to be sold or financed in part by corporations, partnerships or sole proprietorships which are in the business of constructing single family residences. The names and descriptions of any such "committed allocation" projects, the locations of any such projects and the amounts to be reserved for any such projects will be determined by the County after applications to participate in the program have been received from interested mortgage lenders. D. It is not expected that any particular portion of the proceeds of the bonds will be targeted to new, existing or any other particular class or type of housing, provided that no more than 10% of the aggregate principal amount of mortgage loans acquired with the proceeds of the bonds will be for purchase of condominiums or townhouses. The County has determined that the best method of determining the need and demand for various types of housing is to accept applications for mortgage loans from prospective mortgagors on a first-come first-served basis, except as otherwise provided in Sections 111 (A) . E. The County is confident that the single-family mortgage bonds thus far issued have served a number of important public policy purposes and have assisted in meeting a number of critical housing program needs. These funds represent an investment in County neighborhoods. They have also provided needed funds for the purchase of homes and stabilization of neighborhoods. These funds have provided individuals and families with the opportunity, at an affordable price, to achieve home ownership. III. DEVELOPMENT POLICIES AND GOALS A. It is expected that for the first nine months after issuance of the bonds , a portion of the lendable proceeds of the bonds will be reserved for the purchase of mortgage loans to finance the purchase of residences located within the County and each, if any, of the counties participating in a qualified mortgage bond issue with the County, provided that no amount is expected to be reserved or remain reserved for any participating county if the amount that would otherwise be reserved or remain reserved is not at least sufficient to purchase one mortgage loan to finance the purchase of a residence located in that county. Page 2 of 7 Pages B. The entirety of Weld County is a "targeted area" and therefore all of the lendable proceeds of the bonds will be reserved for the purchase of single-family residences located in such designated "targeted areas" . C. It is believed that there is a shortage of adequate housing for low- and middle-income housing in all regions of the County. This is evidenced by the fact that the proceeds of the qualified mortgage bond issues in which the County has participated, have been spent very quickly. Consequently, the purpose of the nine month reservation of proceeds for each participating county, if any, as set forth in paragraph III (A) above, is to assure that each participating county is given a fair opportunity to have originated within their respective jurisdictions mortgage loans in amounts equal to their pro rata contributions to the program of the state volume cap, before all the proceeds are otherwise spent. D. The targeted areas as described in paragraph III (B) above are: 1 . the qualified census tracts listed by the United States Department of the Treasury as such, constituting those census tracts within the County in which 70% or more of the families have an income which is 80% or less of the median family income for the State of Colorado, and 2 . the relevant areas of chronic economic distress which have been designated by the State of Colorado and approved as such by the Secretaries of the Department of the Treasury and the Department of Housing and Urban Development. Federal law requires the reservation of bond proceeds for use in the targeted areas set forth in paragraph III (B) above. The use of bond proceeds in such targeted area is consistent with the County' s policies and goals of encouraging the use of bond proceeds because more people of relatively greater need reside in the County and because of the social benefits which accrue as a result of increasing home ownership in such areas of need. Page 3 of 7 Pages E. Proceeds of the Bonds are expected to be available to finance the purchase of both existing housing and new housing, but will nct be used for "redevelopment" , i.e. , rehabitation, of existing housing. IV. LOW-INCOME HOUSING ASSISTANCE POLICIES AND GOALS A. No particular portion of the proceeds of the bonds will be targeted to low-income ( i.e. , 50% of median income) , moderate-income (i.e. , 80% of median income) , or median income (i.e. , 100% of median income) . State law, however, permits the financing of residences for use as the sole place of residence of only low- and middle-income families and persons, as determined by the County. No bond proceeds will be available to finance the purchase of residences by high income families and persons, i.e. , families and persons with incomes above the limit to be established by the County. B. Because a disproportionately large number of low-, moderate- and median-income (as defined above) families reside in the County, it is expected the availability and use of bond proceeds by such families will be of great benefit in providing affordable housing to such families. V. ASSESSMENT OF THE COMPLIANCE OF WELD COUNTY DURING THE PRECEDING TWELVE-MONTH PERIOD A. The statement of policy on qualified mortgage bonds set forth in the 1985 report of Weld County is substantially the same as this report (see attached copy of 1985 Policy Report Under Section 103A dated November 30 , 1984) . The County of Weld has complied with the intent of Congress by using its authority to issue qualified mortgage bonds to the greatest extent feasible (taking into account prevailing interest rates and conditions in the housing market) to assist lower income families to afford home ownership before assisting higher income families. B. The County of Weld, Colorado issued, in accordance with the State and Federal allocation volume cap, single-family mortgage revenue bonds in conjunction with Larimer County, in order to provide $5 ,600,000 in funds to purchase qualified mortgage loans from participating lenders doing business in Weld County. The following summarizes the main points of the program: Page 4 of 7 Pages 1 . The home buyer may not have a maximum income in excess of $36 ,000 , plus an additional $2,000 for each family member of the household who will reside in the residence to be acquired. 2 . Each mortgage loan must be made to obtain financing for a single-family residence, including condominiums , located within the boundaries of Weld County. 3. The maximum acquisition costs for a new residence (never previously occupied) is $111 ,720 , and the maximum acquisition costs of a previously owned home is $98 ,880 in Weld County. 4 . Each mortgage loan shall be for a term of thirty years with a fixed rate of interest of 10 .50%. 5 . All loans must be made on a conventional basis and loans can be made up to ninety-five percent (95%) of the lesser of the purchase price or the initial appraised value of the residence. 6 . The program, through June 30 , 1985 , had no loans funded out of the $5, 600 ,000 amount allocated to Weld County. C. Based upon the above program it is the assessment of the Board of County Commissioners that Weld County's Policy Report Under Section 103A Dated November 30 , 1984 has been fully complied with and Weld County has successfully implemented its policies during the preceding twelve months. WELD COUNTY, COLORADO Japquel e John_o , Chairman �f and of County ommissioners ' ATTEST: , TFL41na.-o�r, Weld County Clerk and Recorder and Clerk to the Board By- dYlcyyu-e_.9 Deputy County erk Page 5 of 7 Pages CERTIFICATION I, the undersigned, hereby certify that I am the duly qualified and acting County Clerk of Weld County, Colorado (the "County") and that: 1 . The County expects to issue or participate in the issue of qualified mortgage bonds in 1986 and the Chairman of the Board of County Commissioners of the County has signed a confirmed copy of this report. 2 . A hearing was held at which a reasonable opportunity for interested individuals to present their views on this report was provided. Notice was published at least 14 days before the hearing in newspapers of general circulation available to residents of the County and the hearing was held in the County seat of the County- 3 . Following the hearing, copies of this report were made available for distribution to the public at the office of the County Clerk and Recorder. Notice that copies of the report could be obtained at such office was included as part of the public notice given of the hearing. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the County this December 18 , 1985. WELD COUNTY, COLORADO B - J cque 'ne Joh s n, C airman oard of Count ommissioners ATTEST: a1 j 12�v&�vEct / `P/�ry Weld County Clerk and Recorder and Clerk to the Board Deputy County erk Page 6 of 7 Pages SUMMARY OF COMMENTS ON THE PROPOSED REPORT RECEIVED AT THE PUBLIC HEARING No public comment was offered at this hearing. Page 7 of 7 Pages AR2046479 EMERGENCY ORDINANCE NO. 70-A IN THE MATTER OF THE REPEAL OF ORDINANCE NO. 70 PERTAINING TO REGULATIONS FOR THE INSPECTION OF MEAT BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY COLORADO: WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners functions as the Board of Health under the Weld County Home Rule Charter, and WHEREAS, a review of the Weld County Meat Inspection Ordinance of 1980 indicates that the procedures for meat inspection are not adequate or cost-efficient as a means of protecting the health and welfare of the citizens of Weld County, and WHEREAS, issues have arisen regarding the authority of Weld County to require meat inspection where the facilities are state licensed, and WHEREAS, an emergency exists in that the meat inspection program was not included in the Health Department budget for 1986 and the Department will not have the resources to provide such service in 1986 . NOW, THEREFORE BE IT ORDAINED by Board of County Commissioners of Weld County, Colorado, that Ordinance No. 70 , in the matter of adoption of regulations for the inspection of meat in Weld County, Colorado, shall be repealed. BE IT FURTHER ORDAINED that an emergency exists, pursuant to Article III, Section 3-14 (6) , of the Weld County Home Rule Charter, in that the Health Department will not have resources to provide such services in 1986. BE IT FURTHER ORDAINED that the effective date shall be January 1 , 1986 . B 1096 REC 02036479 12/19/85 14: 04 $0. 00 1/002 F 0306 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AL Page 2 RE: ORDINANCE NO. 70-A The above and . foregoing Ordinance No. 70-A was, on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST_, WELD COUNTY, COLORADO We1diC andrd Recorder and-4 q hoa cqu ine o nson airman L EXCUSED Gene R. Brantner, Pro-Tem ounty C rk APPROVED AS TO FORM: C.W. Ki b 1 /7? • aai County Atto ney Frank Yamaguc B 1096 REC 02036479 12/19/85 14: 04 $0. 00 2/002 F 0307 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EMERGENCY ORDINANCE NO. 141 AN EMERGENCY ORDINANCE WITH RESPECT TO NORTH COLORADO MEDICAL CENTER: AUTHORIZING THE TERMINATION OF THE GROUND LEASE WITH THE COLORADO HEALTH FACILITIES AUTHORITY ENTERED INTO ON JULY 1, 1980; AUTHORIZING A GROUND LEASE TO THE COLORADO HEALTH FACILITIES AUTHORITY OF CERTAIN LANDS UPON WHICH SAID HOSPITAL IS LOCATED; APPROVING THE LEASING OF HOSPITAL FACILITIES BY SAID AUTHORITY TO THE BOARD OF TRUSTEES OF NORTH COLORADO MEDICAL CENTER FOR A TERM OF YEARS; APPROVING THE COLORADO HEALTH FACILITIES AUTHORITY HOSPITAL REFUNDING REVENUE BONDS (NORTH COLORADO MEDICAL CENTER PROJECT) SERIES 1985 AND THE PRELIMINARY OFFICIAL STATEMENT PERTAINING TO SAID REFINANCING AND ALSO MAKING OTHER PROVISIONS IN CONNECTION WITH THE FOREGOING. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: WHEREAS, under Title 30, Article 20, Part 3 of the Colorado Revised Statutes, a "governmental agency" (which term includes a county of the State of Colorado) is authorized to rent or lease a "public project" or any portion thereof to any person, partnership, association, or corporation, either public or private; the term "public project" under said statute means, among other things, facilities suitable for and intended for use in the promo- tion of the public health; and WHEREAS, under the provision of Title 25, Article 3 , Part 3 of the Colorado Revised Statutes, entitled "County Hospitals, Establishment" (herein "County Hospitals Act" ) , the Board of County Commissioners (the "County Board" ) of Weld County (the "County" ) established a body corporate under the name of "Board of Trustees for Weld County General Hospital" (the "Hospital Board" ) which operates North Colorado Medical Center (formerly, Weld County General Hospital) , Greeley, Colorado (the "Hospital" ) located upon lands owned by the County; and WHEREAS, in order to purchase direct obligations of the United States government in order to refund and provide for the payment and discharge ( "Refinancing) of the Colorado Health Facilities Authority Hospital Revenue Bonds, Series 1980 (Weld County General Hospital Project) , dated July 1, 1980, in the original amount of $19,265, 000 (the "Series 1980 Bonds" ) , the Hospital Board has requested the Colorado Health Facilities Authority (the "Authority" ) to issue Series 1985 Bonds (as hereinafter defined) ; and WHEREAS, to accomplish the foregoing, it is necessary that the County and the Authority enter into a ground lease termination agreement ( the "Termination Agreement" ) in order to terminate the ground lease entered into with the Authority on July 1, 1980, as part of the issuance of the Series 1980 Bond (the "1980 Ground Lease Agreement) ; and WHEREAS, to accomplish the foregoing, it is necessary that the County exercise its power aforesaid to enter into a new ground lease ( the "Ground Lease" ) with the Authority providing for the leasing of certain lands owned by the County and upon which the Hospital is located to the Authority, and the Authority will thereupon provide funds for the Refinancing, and simultaneously therewith the Authority, as lessor, will sublease all of such lands and facilities subject to the Ground Lease ( the "Hospital Facilities" ) to the Hospital Board, as lessee, under and pursuant to a lease to be entered into between the Authority and the Hospital Board ( "Lease" ) ; and WHEREAS, there have been presented to this meeting the following documents: (a) The form of Ground Lease to be entered into between the County and the Authority setting forth the -2- terms and conditions of the leasing of the Hospital Facilities between the County, as lessor, and the Authority, as lessee; (b) The form of Lease to be entered into between the Authority, as lessor, and the Hospital Board, as lessee, setting forth the terms of the Lease, the basic rents to be payable thereunder and the term of the Lease; (c) The preliminary disclosure statement (the "Preliminary Official Statement" ) , with respect to the public offering by the Authority of the Colorado Health Facilities Authority Revenue Bonds, Series 1985 (North Colorado Medical Center Project) (the "Series 1985 Bonds" ) in an amount not exceeding $17,000,000.00 and which is to be approved and executed by the Hospital Board; (d) The form of bond purchase agreement (the "Bond Purchase Agreement" ) to be entered into by the Authority and Prudential-Bache, Securities Inc. , Anderson DeMonbrun Division (the "Underwriters" ) providing for the sale of the Bonds by the Authority and the purchase thereof by the Underwriters and which is to be approved and executed by the Hospital Board; and (e) The Termination Agreement to be entered into by and among the County, the Trustee of the 1980 Series Bonds, and the Authority setting forth the terms and conditions of the termination of the 1980 Ground Lease -3- Agreement entered into by and between the County and the Authority on July 1, 1980, as part of the issuance of the Series 1980 Bonds; and WHEREAS, the County has determined that the foregoing transactions and the completion of the Refinancing will serve the purpose of promoting the health and welfare of the residents of the County and the surrounding territory and it appears that the Ground Lease and the Termination Agreement are appropriate instruments to be executed and delivered by the County for the purposes intended and that it appears that the other documents above-described are proper instru- ments to be executed and delivered by the Hospital Board; and WHEREAS, the financial consultants to the Hospital and the Underwriters of the Series 1985 Bonds have advised that the sale of the Bonds will be made during the week of December 30, 1985, so as to sell the Bonds at a time that is most opportune to obtain a favorable rate of interest thereon; and WHEREAS, in order to sell the Bonds during the week of December 30, 1985, it is necessary to have the form of the Bond Purchase Agreement approved by the Board of County Commissioners of Weld County and the Hospital Board on or about December 18, 1985; and WHEREAS, in order to make this Ordinance effective within the required time schedule, it is necessary that it be and it is hereby declared to be an emergency ordinance. -4- NOW, THEREFORE, BE IT ORDAINED by the County Commissioners of Weld County, Colorado as follows: This is an emergency ordinance which shall be effective on adoption as provided in Section 3-14 of the County' s Home Rule Charter. Public notice of this Ordinance shall be given forthwith. Without such procedure, the Ordinance could not be considered and finally adopted so as to accom- modate a sale of the series 1985 Bonds during the week of December 30, 1985, in order to obtain a favorable rate of interest on the Series 1985 Bonds. Section 1 - Ground Lease. In order to accomplish the foregoing transactions and in order for the Authority to accomplish the Refinancing, the County is hereby authorized to enter into the Ground Lease whereby the Hospital Facilities will be leased to the Authority for a term not exceeding twenty-five ( 25) years from the date thereof and pursuant to the terms and provisions set forth in the Ground Lease now before this meeting; and such Ground Lease shall be executed on behalf of the County by the Chairman or Chairman Pro-Tem of the County Board in substantially the form thereof now before this meeting,and hereby approved, or with such changes therein as shall be approved by the Chairman or the Chairman Pro-Tem executing the same, with such execution to constitute conclusive evidence of their approval and this County Board' s approval of any changes or revisions therein from the form of Ground Lease now before this meeting. Section 2 - Hospital Lease. The County Board does hereby approve and authorize the Lease between the Authority, -5- as lessor, and the Hospital Board, as lessee, whereby the Hospital Facilities will be leased by the Authority to the Hospital Board for a term not exceeding twenty-five ( 25) years and with rentals payable thereunder as provided for in the Lease now before this meeting, which rents are payable monthly for use of such Hospital Facilities for such month, and such Lease to be in substantially the same form thereof now before this meeting and hereby approved or with such changes therein as shall be approved by the officers of the Hospital Board executing the same, with such execution to constitute conclusive evidence of their approval and this County Board' s approval of any changes or revisions therein from the form of Lease now before this meeting. Section 3 - Ground Lease Termination Agreement. The County is hereby authorized to enter into the Termination Agreement by and among the County, the trustee of the Series 1980 Bonds, and the Authority whereby the 1980 Ground Lease Agreement entered into by and between the County and the Authority in conjunction with the Series 1980 Bonds will be terminated simultaneously with the beginning of the term of the Ground Lease entered into between the County and the Authority for the Refinancing, with the Termination Agreement to have the terms and provisions set forth in the Termination Agreement now before this meeting; and such Termination Agreement shall be executed on behalf of the County by the Chairman or Chairman Pro-Tem of the County Board in substan- tially the form thereof now before this meeting, and hereby approved, or with such changes therein as shall be approved by the Chairman or the Chairman Pro-Tem executing the same, with such execution to constitute conclusive 'evidence of their approval and this County Board' s approval of any changes or revision therein from the Termination Agreement now before this meeting. -6- • Section 4 - Other Documents. The County Board hereby further approves and authorizes the issuance of the Series 1985 Bonds and related transactions contemplated by the said Preliminary Official Statement and the said Bond Purchase Agreement by and on behalf of the Hospital Board in substan- tially the respective forms of such documents now before this meeting. Section 5 - Further Action. The County Board further authorizes the officers of the County Board or any County Commissioner to take all action necessary or reasonably required to carry out the transactions contemplated by this Ordinance, including without limitation, the execution and delivery of any closing documents necessary in connection with such transactions. Section 6 - No Liability of County. It is further understood and agreed that the Series 1985 Bonds to be issued by the Authority do not constitute a debt or liability of this County and that the County is not obligated to make lease payments to the Authority, and neither taxpayer funds nor any other funds of the County will be used to pay the principal of, interest, or redemption premium on any of the Authority' s Series 1985 Bonds. Section 7 - Public Notice. That public notice of the adoption of this emergency ordinance shall forthwith be given by the County Clerk after passage. The Board of County Commissioners of Weld County, Colorado, pursuant to Section 3-14( 6) of the Weld County Home Rule Charter, does hereby declare, for the reasons given in the preamble and body of this Ordinance, this to be an emergency ordinance under said provisions of the Weld County Home Rule Charter, and it shall be effective immediately. -7- The above and foregoing Emergency Ordinance No. 141 was, on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D. , 1985. BOARD OF THE COUNTY COMMISSIONERS, -{- WELD COUNTY, COLORADO ATTEST 10 44WAS; By: WELD COUNTY CLERK AND Ja que ne J son, Chairman RECORDER r By: EXCUSED B . Gene R. Brantner, Chairman Pro-Tem D puty County lerk By: telfn APPROVED' AS TO FORM: C. W. K- rby, ommissioner O-1/1/-44✓` By: Ysta t C my Attorney Go� � ac', o • • toner By: r Frank Yama• '' i, o - ssioner BADrH/DL.9 -8- EXHIBIT A December 18, 1985 The Board of County Commissioners of Weld County, Colorado, met in regular public session in the 1st floor meeting room of the Weld County Centennial Center in Greeley, Colorado at 9 o'clock a.m. on December 18, 1985. There were present: Jacqueline Johnson, Chairman , Pro-Tem C. W. Kirby, Commissioner Gordon E. Lacy, Commissioner Frank Yamaguchi, Commissioner Also present were Tommie Antuna, Deputy County Clerk, Donald Warden, Director of Finance and Administration and Lee D. Morrison, Assistant Weld County Attorney. An Ordinance entitled: AN ORDINANCE WITH RESPECT TO NORTH COLORADO MEDICAL CENTER: AUTHORIZING THE TERMINATION OF THE GROUND LEASE WITH THE COLORADO HEALTH FACI- LITIES AUTHORITY ENTERED INTO ON JULY 1, 1980; AUTHORIZING A GROUND LEASE TO THE COLORADO HEALTH FACILITIES AUTHORITY OF CERTAIN LANDS UPON WHICH SAID HOSPITAL IS LOCATED; APPROVING THE LEASING OF HOSPITAL FACILITIES BY SAID AUTHORITY TO THE BOARD OF TRUSTEES OF NORTH COLORADO MEDICAL CENTER FOR A TERM OF YEARS; APPROVING THE COLORADO HEALTH FACILITIES AUTHORITY HOSPITAL REFUNDING REVENUE BONDS (NORTH COLORADO MEDICAL CENTER PROJECT) SERIES 1985 AND THE PRELIMINARY OFFICIAL STATEMENT PERTAINING TO SAID REFINANCING AND ALSO MAKING OTHER PROVISIONS IN CONNECTION WITH THE FOREGOING. I V'1 1 was introduced as an emergency ordinance and brought up for final passage. Said ordinance was ordered recorded in the minutes of the meeting. It was moved by Gordon E. Lacy and seconded by C. W. Kirby that said ordinance be adopted. The vote upon such adoption was as follows: AYE: Jacqueline Johnson C. W. Kirby Gordon E. Lacy Frank Yamaguchi NAY: None. The Ordinance was signed by the Board of County Commis- sioners, attested by the County Clerk and recorded in the minutes of the Board of County Commissioners. The County Clerk was directed to give public notice of the adoption of said Ordinance by a single publication in the Johnstown Breeze and The Greeley Tribune. A true and correct copy of said Ordinance is attached hereto and incorporated herein by reference. (Other business not pertinent to the foregoing appears in the minutes of the meeting) . -2- Pursuant to motion duly made and carried, the meeting was adjourned. 6rar...Ok lif)Ar(lreQApel\--- ac line J�h1son, Chairman ATTEST: 7' i, &,j4 J$ w. WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD By L'rYNim1 O1 (2,1 Dep1ty County Clerk BADrH/BL. 9 -3- WELD COUNTY, COLORADO Certificate With Respect to Excerpts of Minutes of the Board of County Commissioners of Meeting of December 18, 1985, Incumbency • of Officers and Closing Representations I , the undersigned, hereby certify that I am the duly elected, qualified and acting Chairman of the Board of County Commissioners of Weld County, Colorado (the "County" ) , and I do further certify as follows: Attached hereto and marked "Exhibit A" is a true and correct copy of an excerpt of minutes of the regular meeting of the Board of County Commissioners, which was open to the public, held on December 18, 1985, including Ordinance No. 141 which was read and adopted at said meeting and that the attached excerpt contains all matters set forth in said minutes with respect to said Ordinance and that said Ordinance remains in full force and effect and has not been modified at the date hereof. IN WITNESS WHEREOF, this Certificate is executed and delivered this 30th day of December, 1985. Ja que )ne Joh s•n, Chairman " ATTEST:'7}10 £� � WELD COUNTY (CLERK AND RECORDER AND CLERK TO THE BOARD 's —107S-m v J (24115-c-14 D$puty County Cle BADrH/AL.9 WELD COUNTY, COLORADO CERTIFICATE AS TO RESOLUTIONS I, the undersigned, hereby certify that I am a duly chosen, qualified and acting County Clerk and Ex Officio Clerk to the Board of County Commissioners in and for Weld County, Colorado (the "County" ) , that attached hereto are true and correct copies of the minutes of the Board and resolutions duly adopted by the Board of County Commissioners of the County at meetings thereof duly called and held on March 31, 1944, November 23 , 1977, January 8, 1979 and January 14, 1980, which resolutions have not been revoked, rescinded or modified and are in full force and effect on the date hereof, such resolutions were adopted by the unanimous vote of all the commissioners after motion duly made and seconded. WITNESS my hand and seal of Weld County, Colorado as of the 30th day of December 1985 . WELD COUNTY CLERK AND oAORI�ER_ AND �L HE ERTO T ARD 7j1a7 [SEAL] \ B 1c c4 ) (2-dke--yr-a--)eputy County Crk BADrH/HHHL.10 STATE OF COLORADO § § COUNTY OF WELD § I , Tommie Antuna, the duly qualified and acting County Clerk and ex-officio Clerk of the Board of County Commissioners of Weld County, Colorado do hereby certify according to the records of said County in my official possession that the above and foregoing constitutes true and correct excerpts from the minutes of the regular meeting of said Board of County Commissioners, which was open to the public, held on December 18, 1985, including an ordinance which was read and adopted at said meeting, and that the foregoing excerpts contain all matters set out in said minutes with respect to said Ordinance. Said Ordinance was adopted by the unanimous vote of all the Commissioners present after motion duly made and seconded and has not been revoked, rescinded or modified and is in full force and effect on the date hereof. IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the official seal of Weld County, Colorado this 30th day of December, 1985. Defputy County Cle k [SEAL] fit mEmoRAnDum Willie To Jackie Johnson, Chairman pate December 17, '1985\ COLORADO From Walter J. Speckman, Director, Human Resources Subject: 1985 Head Start Grant Modification Enclosed for Board approval is a modification to the 1985 Head Start grant. The modification brings the Head Start expenditures in line with current and anticipated expenditures per line item and category. If you have any questions regarding the modification, please contact me. December 17, 1985 To: Clerk To The Board Fr: Karen L. Reser, Human Resources Re: 1985 Head Start Budget Modification Enclosed are three original copies of the Head Start modifica- tion. Please return two copies to Human Resources. • You may want to file your copy under the following: Head Start Grant - 1985 - Basic and Handicap If you have any questions regarding the grant, please contact me. • A / „,--Zr OMB Approval No.79—p(021t t FUM3EA 3• STATE a. ?UMBER FEDERAL ASSISTANCE L I 080H0019/12 A,r1x.JL - TION - TY OF?E ❑ eRstm.2GPa1 A➢PU- D- DATE rear a.o.:A [n,[ 'DENTS- b. DATE Yea.. moMA day ACTION go APPLICATION CATION • 19 85 12 1` FIR ASSIGNED 19 ()Irk a? ❑ ncrrinctrot Of urea cow I L... b.) 9 WORT OF FitAL ACTKCN -�'% 4. LEGAL APPLICANT/REG:ANENT - +6 Fr.%AL EMPLOYER IDENTIFICATION ND- 1 84-6000813 s. ASakwN N... _ Weld County Division of Human Resources ° 0n nC...Wait - Head Start Program : g.. 1113• 16i 01 Of ` /RO, Be_ = P.O. Box 1805 (PRr} a. NUMBER Q. Try a. Cautt : Weld `G""' D. TITLE Child Development t sa _ Grepeley LtP� 80632 ;,F0, Head Start a Cxoct Panty wem. Walter J. Soeckman, Executive Direct ig &:Aro, .No.) : (113) 153-0740 - a I.TITLE AND DESOOTRTON OF APPLICANTS PROJECT L TYPE OF APPLICANT/RECIPIENT 5 1985 Head Start Basic (PA 22) and �ailestIctin"u'7Ia.Dbgiw 8 Head Start Handicap (PA 26) D-.en KO�er (Specify): Modification E-Gy I E-S7W DmrIet { ?mom near•F9^.D^.t.4c.r a I A TYPE OF ASSISTANCE 1 A-aaI'a Goat D-Imunets le ;E-Ss�Aea.•M appro.Gnat E" •= Estee appro. Fr riots otter(.) 10.AREA OF PROJECT IMPACT (New.1 cilia.maao l 1 ESTIMATED NUM- ;12.TYPE OF APPLICATION Sost.,ate) BER OF PM SONS Oho ;/tins .A . Dwiwn b E- yiwnW laa Weld County I BENEFITING I- D-CoatievatIca 300 1 Ester eIPP>oP..ta(.u..Q a. PROPOSED FTA(D1PC 14. CONGRESSIONAL DISTRICTS OF: !LS.TYPE OF CHANGE (For floor ls.) a. FETAL , s 495,275 .Do! 'S-c. a Dollars F-0'JM. (Specify): a A>PtttaYT a PROJECT t B-J.rns Odars l Trsc•.w.D,ndea No channe in dollars b. APP17CAJITI 141 .192 .00 i 4 County-With:. ^ :..c.'Duna, 'E�ic►.sCa. c STATE I 1 -DO 118 PROUST START 117. PROJECT - DATE r awa:A day DURATION I tater*pro-e, LGt ! .m 1 1985Q101 I 12 ra.aa t r>;aza�(e)it f 1 [ a CTF.ER I 37,000_D3I 1z tsnu t �O TOTO Year ..o`-a doe II-9. E7STING FEDERAL IDENTIFICATION NUMBER BI. TOM Is 67R.-67. ! FED AGjvct)• 1985 12 18i 08CH0019_/12 20. FEDERAL AGENCY TO PS—EYE P.EQUEST ( em...City.State.ZIP ea4) 21. REMARKS ADDEO Administration for Children Youth and Families Q Y•• Lx No 22. a.To Oa bre of n7 bo..IMp aid MIMI.: b. U ',mind by CMS Grtalr A-13 Pit speka c. .ea submitted. punt..at to Ia. Nor. Rrapon.y se o en Is as aw Ii, liar ea rn: s"aGotos dmesic aa s.c.—.. casein:cams .at MI rwporWs ire attrAN: .Done. .ttacA.d 41 THE In* and erne- ft eaemwf )m Dew I c&zaD� by ,4,07 ;,Tam and „p4 °°°�,.,,°,• Lu Larimer-Weld Council of governments L� ❑ .11 1 THAT). rJn eb. mr arwes.ew it tats, e..r:ar! CO State -Division of Planning a ❑ ma Y VP..". 10) ❑ ❑ 23.- I a TYPED TAME Ara MI A SIt3AD:71 c DATE SILTED dee c CERTIFYING Jacqueline Johnson, -Chairman - 1985 12 18 N sEPCArml Board of Commissioners 24. AGENCY NAME 26 APPLICA- Tay a.a.MA day TION RECEIVED 19 25. ORGANIZATIONAL UNIT 1I 27.ADMINISTRATIVE OM= 28. IDENTIFICATION APPLICATION ie 01 23. ADDRESS 30. FEDERAL GRANT IDENTIFICATION ii .qI 3k ACTION TAKEN ?Z FUNDING I To ..sot.\ day 34. Yep neat; doze g j �J A0 . 33. ACTION GATESTARTING a AYr/RDED a r�7.el S / 19 DATE 19 0 1 REI=C"ED I. A:_O.-7 • pO' 3S 36.CONTACT FOR ADOCIDNAL INFORMA- Year month day ❑ TION (.Van'. and :e.4-., -7.,.• om—See1 ENDING — O c PErJRNED FOR c S. .DO ' DATE 19 = r AMZ-CICXT i LOCAL .00' 37. REMARKS ADDED 3 1 0 e. DEFEEAtcD t Cr"- 00 l y1 D a NITFDRARR L TraL ' S "00: O Y" trio 33. t ii actj aeon.cue. say =can r.a;..d tram c hrielY evy e.- ' b. F='?1L AGENCY A-95 OFFICIAL acne_ :I spec rssx a.es tea a p-envora c(Part 1, 0143 GraZae A-;5. , L :L and t.t pAon.no.) I FEDERAL AGENCY C Las me or a Nees t_..' A-95 ACTION STANDARD FORM 424 PAGE 1 (30-75) PreienSci by GSA.F.dral gamey enema Cireat r 74-7 PART II ore ro.so-eo+ss PROJECT APPROVAL INFORMATION Item 1. . Does this assistance request require State, local, Name of Governing Body regional,or other priority rating? Priority Rating Yes X No Item 2. • Does this assistance request require State, or local Name of Agency or advisory.educational or health clearances? Board Yes X No (Attach Documentation) Item3. Does this assi stones request require clearinghouse (Attach Comments) review in accordance with OMB Circular A-95? X Yes No • Items. Jame Webster, unairman Does this assistance request require State, local, Name of Approving_ envy Parent Policy Council . regional or other planning approval? Date 12/18[85" of X Yes No here 5. Is the proposed project covered by an approved compre- Check one: State D pensive plan? Local • Regional O Yes X . No Location of Plan Item 6. Will the assistance requested serve a Federal X Nome of Federal Installation installation? Yes No Federal Population benefiting from Prpjett item 7. Will the assistance requested be on Federal land or Name of Federal installation instaltotian? Location of Federal Land Yes X No Percent of Project Item 8. Will the assistance requested have an impact or effect See instructions for additional infon*otion to be on the environment? _x No Yes Item 9. Number oh Will the assistance requested cause the displacement Individuals of individuals, families, businesses,or farms? Families Businesses X Yes No Farms !tern 10, It there other related assistance on this project previous, See instructions for additional information to be pending, or anticipated? X provided. Yes No - . P• � t I ' I O• N I ; '� i I { III{ 1 } t 1 1 W W 1 - i i i ! I _ 2 ' Iz - 1 t I O a�' - , t O O i • • t} 1 iI1 '� I - r v to _1 O > r i� { ' rN 1 _ .. ' 1 : ' C CO 01 1N -co N •O y M I '01 OD N IUV 0011 N 1 j J1 I i en N 1 I ; r"„ s 1 T. j n XI -t 1 i44 fel 1 I 11 I. , s o F S i 1 • I Q1 1 l� 1 ( C i CI Im i iw ' ca a1 N '° , 3 o -t j i i� i ,� -.-.. _� T 1 n I 1 i M _ c." y _ ` ,, o r DJ TX 7. 1 I75 A A 4-4 p N V _L V N O - I I N '• ue ' � • I I � . I 4 1 l =1 11 r .� 1 CO ll1 A • I - 1 ' - —I • 1 tll a'r -• { 11I ;:-. i ; t a t. _ • I - I { 1 I 1 N ' N w j j I e a M < ii t ' ^ - N m 3 u 1 1 •� r i a _ 1cr. I W N ti tc 11 i 1 N ' co v :a 1� IN N _ { ly i i - C1 t • j I 1 l:1 , .. W 01 fI N V )S} - W N q 1 I 'CO N O1 01 { • •D CO 01 I l0 6l Ol W • . J 1 - 1 Equipment Purchased in FY 1985 Playground Equipment $ 7,775 Used Copier 500 Washer & Dryer 550 • TV - Bilingual Capability 800 TOTAL $ 9,625 fefp MEMORAfDUM mist Wedp C to Jackie Johnson, Chairman Date December 17,, 14.91O4:1 COLORADO From Walter J. Speckman, Director, Human Resources iU •U Subject: 1985 CSBG Grant Modification Enclosed for Board approval is a modification to the 1985 Comr:unity Services Block Grant (CSBG). The modification brings the CSBG expenditures in line with the current and anticipated expenditures per line item and category. If you have any questions regarding the modification, please contact me. December 17, 1985 To: Clerk To The Board Fr: Karen L. Reser, Human Resources Re: 1985 CSBG Budget Codification • Enclosed are three original copies of the 1985 CSBG modification. Please return two copies to Human Resources. You may want to file your copy in your existing 1985 CSBG file. • If you have any questions regarding the grant, please contact me. • ,t/J� • CSBG Budget Modification Narrative This modification brings expenditures in line with current and anticipated spending patterns per line item/category. J•ckie Job so , airman Date eld County Board of Commissioners f Lan; V/ 1985 Head Start Grant Modification Narrative This modification brings expenditures in line with current and anticipated spending patterns per lire item/category. CSBG Budget Modification FY' 1985 Personnel • Salaries, Administration S 7,860 Salaries, Staff 17,102 Salaries, Transportation 45,225 Salaries, Welfare Diversion 4,000 Salaries, Youth 4,000 Worker's Compensation 400 Health & Life Insurance 3,400 FICA 5,700 Total Personnel 87,687 Travel Mileage 4,500 Training & Conventions 500 Meals 1,500 Total Travel 6,500 Other Expenditures Office Supplies 100 Telephone 500 Membership & Dues 100 Audit 750 Insurance 2,000 Equipment Rental 150 Management Services 17,287 Gas & Oil 12,000 Repair & Equipment of Vehicles 15,000 Repair & Maintenance of Equipment 1,000 Transportation 40,570 Total Other Expenditures 89,457 Total Expenditures 183,644 FY' 1985 Grant Award 151,877 FY' 1984 Carry-over Monies 31,767 Total Availability 183,644 ` MEMORAf®UM fa Date December 17, 1985• • WILD COLORADO O To Jackie Johnson, Chairman D Executive Director, Human Resources ‘ I From Walter J. Speckman, u" Subject JTPA Discretionary Grant Applications Enclosed for Board approval are two Job Training Partnership Act (JTPA) discretionary grant applications. The monies were designated to Weld County by local formula. The two grants include: 1. Title III - Dislocated Worker: The period of performance for this grant is 07/01/86 - 06/30/87. The grant will sponsor activities for dislocated workers in Weld County. The target population will be individuals who meet the definition of dislocated worker and are being diverted from public assistance. A total of $40,632 is available for the program. 2. Education Coordination/8%: The period of performance for this grant is 07/01/86 - 06/30/87. The grant will assist the Private Industry Council in determining the employment and training needs for rural school districts, review the youth programs for duplication efforts, establish a plan for coordination, and review and modify the existing In-School Youth Program as appropriate. The priority client populations to be served are youth who meet one or more of the criteria listed below: . Youth Welfare Recipient and/or Applicant ▪ Youth In-School Student . Youth Potential/Actual High School Drop-Out A total of S28,205 is available for the program. If you have any questions regarding the discretionary grants, please contact me. December 18, 1985 To: Clerk To The Board Fr: Karen L. Reser, Human Resources Re: JTPA Discretionary Grants Enclosed are two seperate JTPA Discretionary Grants. Please return two signed copies of each grant to Human Resources. You may want to file your copies under the following: EODS Grant: Title III Dislocated Workers - Discretionary - PY'85 E0DS Grant: Education Coordination/8% - Discretionary ,- PY'85 If you have any .questionsip please contact ma Concept Paper/Expenditure Authorization Title III Dislocated Worker SDA: Weld County Division of Human Resources P.O. Box 1805 Greeley, Colorado 80632 (303) 353-0540 1. Title of Funds: Title III Dislocated Workers 2. Period of Performance: 07/01/86 - 06/30/87 PY '85 3. Scope of Work: Funds will be used to sponsor activities for dislocated workers in Weld County. The target population will be individuals who meet the definition of dislocated worker and are being diverted from public assistance. Listed below are the'types of activities that will be funded with the monies requested. The program may include any or all of the following and may develop other innovative activities for the purpose of assisting Weld County dislocated workers: a. Job Search Assistance b. Job Development/Job Solicitation of Job Openings c. Work Experience/Training Programs d. Early Intervention in Plant Closures or RIF Actions e. Pre-layoff Assistance f. Institutional Skill Retraining g. Literacy and Bilingual Training h. Dissemination of Information on Program Activities to Employers and Participants i. Development of Employer Assisted Bonafide Occupational Qualification Standards for Entry Level Jobs j. Testing 4. Budget: Time Period of 07/01/86 - 06/30/87 $40,632 The program proposes to serve 40 individuals on the basis of approximately S1,015 per individual for a total of $40,632. See Attachment 1. Concept Paper/Expenditure Authorization Title III Dislocated Worker Page 2 5. Special Conditions: Individuals will be eligible for the Dislocated Worker Program if they meet the following criteria: a. Have been terminated or laid off or have received a termination or layoff notice, and are eligible for, are receiving or have exhausted their unemployment compensation. OR b. Have been terminated or laid off or have received a termination or layoff notice as a result of a permanent closure of a plant or facility or a permanent reduction in force. OR c. Are classified as long term unemployed and have limited opportunities for employment or re-employment in the same or a similar occupation in the area in which they reside, including any older individuals who may have substantial barriers to employment by reason of age. Eligibility for the Dislocated Worker Program will be validated by completing the Employment Opportunities Delivery System (EODS) application. The document gathers the data required for reporting purposes. Transmission of the data will be via tape. Clients will be tracked throughout their tenure in the Title III program by monitoring the EODS Status Change documents. As with the other EODS programs, the official documentation of client tracking will be maintained "on-line" in the EODS automated system. In order to document the eligibility of an individual , written or collateral confirmation of the client's unemployment will be obtained via the Unemployment Insurance (UI) Office, Wage History Data (UI) Screens, former employers, etc. EODS has established a placement goal for the program of 55%. The dollar-for-dollar match required will be provided via non-federal sources. Attachment 2 certifies that the match sources are available and are not used for other federal funds. A Match Report will be required by the GJTO on a quarterly basis. GJTO will provide the report forms at a later date. 6. Signature Page: See Attachment 3. Attachment 1 Contractor: Weld County SDA Title: Title III : Dislocated Worker Address: P.O. Box 1805 Contract dates: 07/01/86 - 06/30/87 Greeley, CO 80632 BUDGET SUMMARY LINE ITEM ADMIN COORDINATION PARTICIPANT TRAINING TOTAL PERSONNEL 0 0 0 0 0 OPERATING EXPENSE .Participant Trainino as , $341538 $34,538 Noted in the Scope of Work , .Supportive carvirac S2,031 $ 2,031 .Rent, Phone, Supplies, ETC $3,500 $ 3,500 OPERATING EXPENSE TOTAL $3,500 0 $2,031 $34,538 $40,069 TRAVEL $_ 563 $ 563 PER DIEM INSTATE 0 0 0 0 0 TRAVEL TOTAL $ 563 0 0 0 $ 563 EQUIPMENT 0 0 _ 0 TOTAL BUDGET _A4106,.11 1063) _ 0 J S23031 $34,538 1 $40,632 PERCENT 10% 1 0 5% 85% 100% • Attachment 2 MATCH BUDGET* Source Amount 1. Private employer's share of the wages paid to JTPA clients participating in on-the-job training. $ 5,000 2. Unemployment insurance benefits made to clients enrolled in Title III. 7,500 3. Services provided by the Private Industry Council and the Greeley Area Chamber of Commerce for the purposes of economic development and assistance in establishing customized training sites. Volunteers used to conduct program outreach. 8,132 4. In-Kind contributions furnished by the Weld County Job Service of Colorado. In-kind will include services furnished by the professional and technical staff and contract employees, etc. ; materials donated by the Job Service to include office supplies, maintenance supplies, testing materials, etc. ; equipment and space donated by the Job Service to accomplish the activities for dislocated workers. 20,000 5. TOTAL 40,632 I certify that the above mentioned sources of match are availableand can be used to comply with the Job Training Partership Act provisions for match. cque ne o s n, airman e1d County Boa of Commissioners /J . / - Ci.w� (i-A r GL✓-2Arcz'" *For 8% and Title III Projects • Attachment 3 Concept Paper/Expenditure Authorization Signature Page Type of Funds: Title III - Dislocated Worker Time Period: 07/01/86 to 06/30/87 SDA: Weld County SDA P.O. Box 1805 Greeley, Colorado 80632 Walter J. Speckman, Executive Director (303) 353-0540 This agreement has been reviewed and approved by the following, and will be incorporated 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. SDA - Local Elected Officials Chairman Jacqueline Johnson ao , L�� 12/18/85 iitle Name natur Date PIC - Chair ��JJ Chairman Mike Geile 12/27/85 Title Name Signature Date GJTO Signature Title Name Signature Date Concept Paper/Expenditure Authorization Education Coordination/8% SDA: Weld County Division of Human Resources P.O. Box 1805 Greeley, Colorado 80632 (303) 353-0540 1. Title of Funds: • Education Coordination/8% PY'85 Discretionary Funding 2. Period of Performance: 07/01/86 - 06/30/87 PY'85 3. Scope of Work: The Private Industry Council (PIC) has established the goals for the youth programs for the period of performance covered by these funds. The goals are: A. To determine the employment and training needs for rural school districts, review the youth programs for duplication efforts and establish a plan for coordination. B. To develop a model for school discontinuers to return to school . C. To identify resources for youth programs and models. D. To review and modify the existing In-School Youth Program as appropriate. In order to facilitate the goals, a designated staff person will be identified in order to coordinate the planning efforts between the SDA and the school districts. Emphasis will be placed on coordination and development of special programs within rural school districts. The PIC has also determined that the priority client populations to be served are youth who meet one or more of the criteria listed below: . Youth Welfare Recipient and/or Applicant . Youth In-School Student . Youth Potential/Actual High School Drop-Out Concept Paper/Expenditure Authorization Education Coordination/8% Page Two The program may include any or all of the following activities and may develop other innovative approaches for the purpose of assisting the youth of Weld County. Listed below are the types of activities that will be operated with the monies: A. Job Search Assistance B. Job Development/Job Solicitation of Job Openings C. Private Sector Training Initiatives for Retail and Service Occupations D. Institutional Skill Training E. Classroom Training - Basic Skills F. Dissemination of Information on Program Activities to Employers and Participants. G. Development of Employer Assisted Bonafide Occupational Qualification Standards for Entry Level Jobs H. Testing I. Competency Based Programs Operated by the Private Sector 4. Budget: The program proposes to serve 14 individuals on the basis of approximately $2,015 per youth for a total expenditure of $28,205. See Attachment 1. 5. Special Conditions: A. Individuals will be enrolled in the Education Coordination/8% Program per the following criteria: _ A minimum of 75% of the youth enrolled in the program will be economically disadvantaged. The eligibility requirements for economically disadvantaged individuals as outlined by the Job Training Partnership Act and the Governor's Job Training Office will be followed. Co-enrollment in Title II-A activites may be necessary. Condept Paper/Expenditure Authorization Education Coordination/8% Page Three B. The eligibility for the Education Coordination/8% Program will be validated by completing the Employment Opportunities Delivery System (EODS) application. The document gathers the necessary data for reporting purposes. Clients will be tracked througout their tenure in the program by monitoring the EODS Status Change documents. As with the other FOBS programs, the official documentation of client tracking will be maintained "on-line" in the EODS automated system. All information contained in the Participant Record will be collected and provided to GJTO through tape input. C. The dollar-for-dollar match required will be provided from non-JTPA sources. Attachment 2 certifies that the match sources are available and are not used for other federal funds. A Match Report Will be required by the GJTO on a quarterly basis. GJTO will provide the report forms at a later date. 6. Signature Page: See Attachment 3. Attachment 1 Contractor: Weld County SDA Title: Education Coordination/8% Address: P.O. Box 1805 Contract dates: 07/01/85 - 06/30/85 Greeley, CO 80632 BUDGET SUMMARY LINE ITEM ADMIX COORDINATION PARTICIPANT TRAINING TOTAL PERSONNEL - 87 0 0 0 $ 7,892 $ 7,892 hours per month x $7.00 per hr. - x 12 months + 8% Fringe Ben. - Operating Expense .Participant ` $15,801 $ 15,801 Trainine as 0 0 0 noted in the Scope of Work .Supportive Services 0 0 $ 1,410 0 $ 1,410 .Rent, Phone, Supplies, ETC.S 2,602 0 0 0 , $ 2,602 OPERATING EXPENSE TOTAL $ 2,602 0 $ 1,410 $15,801 $ 19,813 TRAVEL $ 500 0 0 0 $ 500 PER DIEM INSTATE 0 0 0 0 0 TRAVEL TOTAL $ 500 0 0 0 $ 500 EQUIPMENT 0 0 I 0 0 0 TOTAL BUDGET $ 3,102 0 $ 1,4'•0 $23,693 $ 28,205 PERCENT 11% 0 5% 84% 100% Attachment 2 MATCH BUDGET* Source Amount 1. Useage of equipment, building space, phone, IBM PC, computer mainframe, etc. $ 4,000 2. Volunteer services provided by private sector business personnel to plan new youth activities. 4,205 3. Job Service staff utilized for running the Governor's Summer Job Hunt Program (includes salary, fringe, etc) 15,000 4. Professional and Technical personnel provided by local educational institutions and utilized to plan new youth activities. 5,000 5. TOTAL 28,205 I certify that the above mentioned sources of match are available and can be used to comply with the Job Training Partnership Act provisions for match. Senon, hairrnan Weld County Bo rd of Commissioners ATTEST:1" c r("✓•w1/4.1�LWLCf:QGj—Li \VELD C^_' ;:, ' _ O.»7R AND *`or 8% and Title III Projects ` . Attachment 3 Concept Paper/Expenditure Authorization Signature Page Type of Funds: Education Coordination/8% Time Period: 07/01/86 to 06/30/87 SDA: Weld County Division of Human Resources P.O. Box 1805 Greeley, Colorado 80632 Walter J. Speckman, Executive Director (303) 353-0540 This agreement has been reviewed and approved by the following, and will be incorporated 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. SDA - Local Elected Official Chairman Jacqueline Johnson ?� 12/18/85 Title Name ign ure Date PIC - Chair Chairman Mike Geile 12/27/85 Title Name Signature Date GJTO Signature Title Name Signature Date SEMI-MONTHLY PAYROLL HANDWRITE APPROVAL FORM WARRANT WARRANT NUMBER PAYEE AMOUNT 12030 MARY RAMOS 20.24 12031 ANNA M. VERGARA 12.45 12032 JOANNE RODRIGUEZ 24.91 12033 MAX GALLEGOS 20.49 NUMBER OF WARRANTS 4 TOTAL 78.34 THE AMOUNT OF THESE HANDWRITES WILL BE INCLUDED IN THE SEMI-MONTHLY PAYROLL TOTAL ON DFCFLIRFR %Pith 19 85 . MONTHLY PAYROLL HANDWRITE APPROVAL FORM WARRANT WARRANT NUMBER PAYEE AMOUNT 12036 GARY A SAUER 705.88 12037 BRUCE W. BEIMAL 614.93 12038 STEVE M. BROWNLEE 712.78 12039 RAYMOND L FRASCH 147.82 12040 KENDALL L DEINES 203.25 12041 ALBERT SCHMIDT 696.20 NUMBER OF WARRANTS 6 TOTAL 22,713.86 THE AMOUNT OF THESE HANDWRITES WILL BE INCLUDED IN THE MONTHLY PAYROLL TOTAL ON DECEMBER 18, 19 85 WELD COUNTY, COLORADO PAGE 1 PAYROLL FUND CLAIMS V.O. WARRANT NO. P.O. NO. VENDOR AMOUNT 12034 47648 PUBLIC EMPLOYEES SOCIAL SECURITY SECTION 3,797.05 • 12035 47649 - RFVOTVING FUND • 1,121.00 • WANG CHECKS (21erks) 1 32.108.74 5 TOTAL 37,026.79 STATE CF COLORADO ) COUNTY CF WELD ) ss This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Paces 1 through .--1 and dated DECEMBER 18th 19 85 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount S37,026.79 DATED THIS 18th DAY CF DECEMBER , 19 85 - • _ . ..„ . , . . 1 f . . . WELD COU FA. E O. ;Et • SUBSCRIBED AND SWORN TO BEFORE M_ THIS 18th DAY CF DECEMBER 19 85 . MY COMMISSION EXPIRES: My Commission Expires June 8. 1286 . ' &YPU1CC STATE OF COLORADO ) COUNTY CF 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 $ 37,026.79 - Ch al _ . - ATTEST: Member / County Ctirk & Recorder \ Member /1"--1 /[27r De put Nerber I�-� ' : • WELD COUNTY, COLORADO PAGE 1 CFNFRAT FUND CLAIMS V.O. WARRANT NO. P.O. NO. VENDOR AMOUNT' 901985 46039 FLAT IRON PAVING 4I,542:98 801986 37105 RnrTw CflNc RTTrTToN 66,089.00 • TOTAL $107,631.98 STATE CF 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 Pace? 1 through --1 and dated DECENSER18th 19 85 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 107.631.98 . DATED THIS 18th DAY OF DECEMBER 19 85 - WELD COUNTY FI ' N _ O FICE.R SUBSCRIBED AND SWORN TO BEFORE ME THIS 18th DAY CF DECEMBER 1985 MY COMMISSION EXPIRES My CommissionFxnirreg7sinn° R 1036 - • NOln'' .Y PUBLIC STATE OF COLORADO ) COUNTY CF WELD ) ss • - . We, the Board of County Commissioners of held County, Colorado, hereby (approve) :disapprove) the claims as set forth above; and warrants a ent therefore are hereby GENERAL in p_y r_ F. y - ordered drawn upon the FUND totaling S 107,631.98 . �o t..C- .R. \•. ' .la . \ Ct irp 5cn _ - .. - ATTEST: Member - . . County �ierk & Recorder - - Member /� �J y o7r---Flu Qi 6-«s-A.% • .' :r _ r - • . Me^c_ STATE OF COLORADO ) ) SS • COUNTY OF WELD ) SOCIAL SERVICES CLAIMS THIS IS TO CERTIFY THAT ALL ACCOUNTING AND BUDGETING PROCEDURES HAVE BEEN COMPLETED ON THE FOLLOWING LISTED CLAIMS AND THAT PAYMENTS SHOULD BE MADE TO THE RESPECTIVE PAYEES IN THE AMOUNTS SET OPPOSITE THEIR NAMES AS CERTIFIED BY THE DIRECTOR OF THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES. THE AMOUNTS BY CATEGORY ARE AS FOLLOWS: TOTAL WARRANTS CLAIMS AMOUNT ADC ADC-U IV-D • OAP AND IRA AB GA 9 MED. TRANS. 1,102.00 ADM SERVICES CHILD WELFARE PAC DC LEAP OAP SUBTOTAL OAP SS 9 SUBTOTAL SS 1,102.00 GRAND TOTAL 1,102.00 DATED THIS 18th DAY OF December , 1985 . DIRECTOR Ah ADM ISTRATION SUBSCRIBED AND SWORN TO BEFORE ME THIS 18th DAY OF December , 1985 NOTARY MY COMMISSION EXPIRES:My Commission Exoires Jane 8. 1989 • STATE OF COLORADO ) ) SS. 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A2 0 o m z 0I -4 Z n^, o 0 z r `on -4 0 Z s b o To -C N ie3 r -I 2 0 < 0p a rn v m 7 414.�� I m C (n a a -+ T m z • T K • ;` • C• 2 in 0 a A D m 2 20 _ • 0 -4 2 - 0 o ' r n "' ,-r. o • p r 70 m c fl • �; a a J �1 C, C 73 A OO it- < 2 in 7 O m T 0a 1 2 / 0 = m m CS N M V� 70 N a •• » 2 x D w M CC N .O en r x x 7017 i Z al CO 07 x Is m r T m a -t 2 T -t P 7b) a S 0 2 - • • en Ca 01 . CI Vt • • • 0 • • • • • • • • • • • • • • 0 • • • • • • ' RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 18, 1985 TAPE #85-105 & #85-106 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, December 18, 1985, 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 Gene Brantner, Pro-Tem - Excused Commissioner C.W. Kirby Commissioner Gordon Lacy Commissioner Frank Yamaguchi Also present: Assistant County Attorney, Lee D. Morrison Acting Clerk to the Board, Tommie Antuna MINUTES: Commissioner Kirby moved to approve the minutes of the Board of County Commissioners meeting of December 16, 1985, as printed. Commissioner Yamaguchi seconded the motion and it carried unanimously. ADDITIONS: Chairman Johnson added as Item #9 under New Business - Consider Resolution re: Amend Portions of Administrative Manual. CONSENT AGENDA: Commissioner Lacy moved to approve the consent agenda as printed. Commissioner Kirby seconded the motion and it carried unanimously. DEPARTMENT HEADS AND ELECTED OFFICIALS: Don Orleans, NCMC representative, said the census at the hospital was high during the month of December and has been good throughout the year, making it possible to control expenses so that there will be no rate increase in 1986. Mr. Orleans said the oral report from the Joint Commission, which made its inspection in September, was favorable. He reported on the problems the hospital has had in receiving the checks from the Medicaid Program because of computer problems, and this Program is now approximately $1 million in arrears, with payments expected in January. Mr. Orleans commented on the Home Health Care Program which was recently opened, with 50 visits being conducted in the first month, and 200 visits in the second month. He said the hospital is now in the process of setting up a rehabilitation unit, after January 1, 1986, in the two-south unit, which had been closed a year ago. Mario Meakins, Extension Director, was not present. WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $104,465.30 Payroll 32,108.74 Social Services 24,947.33 Handwritten warrants: General fund 107,631.98 Payroll 4,918.05 Commissioner Lacy moved to approve the warrants as presented by Mr. Warden. Commissioner Kirby seconded the motion which carried unanimously. BUSINESS: NEW: CONSIDER 1986 DANCE LICENSE FOR JESSE HUMPHREY, DBA JACK DANIELS II: The Board was advised that Mr. Humphrey currently has a Hotel/Restaurant License and a 1985 Dance License. Commissioner Kirby moved to approve the 1986 Dance License for Jesse Humphrey, dba Jack Daniels II. Seconded by Commissioner Lacy, the motion carried unanimously. CONSIDER RESOLUTION RE: APPROVAL OF PROPOSAL FOR DESIGNATING WELD COUNTY AS AREA AGENCY ON AGING: Chairman Johnson said the process has been changed slightly, and Weld County is being designated as a Planning and Service Area with an agency to be designated as the Area Agency on Aging. She suggested that the Resolution should state that Weld County supports the continued designation as a Planning and Service Area for the administration of the Older Americans Act Program. Commissioner Lacy moved to approve the Resolution as amended. The motion was seconded by Commissioner Kirby and carried unanimously. CONSIDER MODIFICATION TO 1985 HEAD START GRANT AND AUTHORIZE CHAIRMAN TO SIGN: Karen Reser, representing Human Resources, explained that this modification is to bring the Head Start expenditures in line with the current and anticipated expenditures per line item and category. Commissioner Lacy moved to approve this modification to the 1985 Head Start Grant and authorize the Chairman to sign. Commissioner Kirby seconded the motion which carried unanimously. CONSIDER MODIFICATION TO COMMUNITY SERVICE BLOCK GRANT AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Reser said this modification is identical to the previous item. Commissioner Lacy moved to approve the modification to the Community Service Block Grant and authorize the Chairman to sign. The motion, seconded by Commissioner Kirby, carried unanimously. CONSIDER TWO JTPA DISCRETIONARY GRANT APPLICATICNS AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Reser said one of the grants is for Title III for the Dislocated Worker, and the second is for Education Coordination 8% and they are to sponsor activities for dislocated workers and the rural youth of Weld County. Commissioner Kirby moved to approve both JTPA Discretionary Grant applications and authorize the Chairman to sign. Commissioner Lacy seconded the motion and it carried unanimously. Minutes - December 18, 1985 Page 2 CONSIDER HIRING OF ROAD E. BRIDGE DIRECTOR: Commissioner Lacy moved that George Goodell be hired as the full-time Road and Bridge Director. Commissioner Kirby seconded the motion. After comments from Chairman Johnson made concerning the hiring of Mr. Goodell as the Road and Bridge Director, the motion carried unanimously. CONSIDER EMERGENCY ORDINANCE 070-A - IN MATTER OF REPEALING ORDINANCE #70 PERTAINING TO REGULATIONS FOR MEAT INSPECTION: Lee Morrison, Assistant County Attorney, said it was determined that the Meat Inspection Program, in its current form, is not adequate to address the health and safety needs of the County residents, and a more detailed program would not be cost efficient. Because of the policy judgment to discontinue the program, the Board must repeal the Ordinance which provides for the inspections. Mr. Morrison then read Emergency Ordinance #70-A into the record. Commissioner Lacy moved to approve Emergency Ordinance #70-A and direct the Clerk to the Board to publish forthwith. Commissioner Kirby seconded the motion which carried unanimously. CONSIDER EMERGENCY ORDINANCE #141 - TERMINATING JULY 1, 1980, GROUND LEASE; APPROVE LEASING TO HOSPITAL BOARD OF TRUSTEES; AND APPROVE REFUNDING OF REVENUE BONDS: Mr. Morrison said this Ordinance pertains to the refinancing of the capital bonds which were originally issued for the remodeling of the hospital in 1980. He explained the documents which were presented to the Board for its review. Dale Weyerts, Director of Financial Services for NCMC, came forward to make comments. He said there is a possibility that, effective January 1, 1986, not—for—profit hospitals will not be allowed to refinance any long term debt; therefore, it was determined that there would be an economic gain and certain restrictive covenants could be relieved with the refinancing of the bonds at this time. Mr. Morrison made further comments. (TAPE CHANGE #85-106) At this time, Mr. Morrison read Emergency Ordinance #141 into the record. Commissioner Lacy moved to approve Emergency Ordinance #141. The motion was seconded by Commissioner Kirby and carried unanimously. CONSIDER RESOLUTION RE: AMEND PORTIONS OF ADMINISTRATIVE MANUAL: Don Warden said this is an update of the Administrative Manual indicating the changes which were approved by the Board during 1985. He then read which portions of the manual were amended this year. Commissioner Kirby moved to approve the Resolution concerning the amendments to the Administrative Manual. Commissioner Lacy seconded the motion and it carried unanimously. PLANNING: RE #816 - GUILDNER (CONT. FROM DEC. 11) : Debbie deBesche, representing the Planning Department, said this request for a Recorded Exemption is from Fred Guildner and William Hoxie. She said the intent is to divide the property into 2.101 and 45.528 acres. The Planning staff's recommendation is for denial and Ms. deBesche stated the reasons for this recommendation. Bill Hoxie, one of the applicants, came forward to explain the request. He submitted copies of a map of the area to the Board. He said the soil is not very good for farming. After questions from the Board were answered by Ms. deBesche and Mr. Hoxie, Commissioner Lacy moved to deny Recorded Exemption 0816 for William Hoxie and Fred Guildner, based upon the recommendation of the Planning staff. The motion was seconded by Commissioner Yamaguchi and carried unanimously. Minutes - December 18, 1985 Page 3 ZONING VIOLATION — SCHEEL (CONT. FROM AUG. 14) : Keith Schuett, Planning Department representative, deleted this item from the agenda because the matter has been resolved. ZONING VIOLATION - BANEK: Mr. Schuett said Oren and Yulene Banek are in violation of Section 32.2.2 of the Zoning Ordinance, auto repossession business in an R-1 District which is a use not allowed by right. He said the Planning staff recommends that this matter be referred to the County Attorney to proceed with legal action. Oren Banek came forward to make comments and answer questions of the Board. Commissioner Lacy moved to allow the Baneks 30 days to remove the automobiles from the property and if not removed within this time, this matter shall be referred to the County Attorney to proceed with legal action. The motion was seconded by Commissioner Kirby and carried unanimously. ZONING VIOLATION - KORGAN: Mr. Schuett presented this item to the Board. He said LaVern and Helen Korgan are in violation of Sections 31.2.16 and 43 of the Zoning Ordinance, mobile home without permits. The recommendation of the Planning staff is to refer this to the County Attorney to proceed with legal action. The Korgans were neither present nor represented. Commissioner Lacy moved to refer this Zoning Violation against LaVern and Helen Korgan to the County Attorney to proceed with legal action. Seconded by Commissioner Kirby, the motion carried unanimously. BUILDING CODE VIOLATION - SILVERS AND ADAMS: Robert Huffman, representing the Planning Department, said William and Shirley Silvers and David Adams are in violation of Section 70 of the Building Code Ordinance, mobile home building permits required. Mr. Huffman said the building permits cannot be issued because the fee has not been paid and approval from the Health Department has not been received. He said the recommendation of the Planning staff is to refer this matter to the County Attorney to proceed with legal action. David Adams came forward to answer questions of the Board. Mr. Adams said he is waiting for the Health Department to approve the septic system, but he has not yet submitted the plans for said system. Commissioner Lacy moved to continue this matter to February 5, 1986, with the stipulation that the design for the septic system be submitted to the Health Department by their next regularly scheduled meeting. Chuck Cunliffe, Director of Planning Services, explained that the staff of the Health Department could approve the engineer designed plan, and the Planning staff could then issue the building permit. Mr. Morrison explained to Mr. Adams that he must submit his design to the Health Department as soon as possible. Commissioner Lacy withdrew his first motion and moved that the Silvers and David Adams be allowed until February 5, 1986, to obtain the septic and building permits and if not accomplished by that date, this matter is to be referred to the County Attorney to proceed with legal action. Commissioner Kirby seconded the motion and it carried unanimously. BUILDING CODE VIOLATION - ORFIELD: Mr. Huffman said Dwayne and Pamela Orfield are in violation of Sections 30 and 70 of the Building Code Ordinance, mobile home building permit and building permits required. He said the Planning staff's recommendation is to refer this matter to the County Attorney to proceed with legal action. Dwayne Orfield came forward to answer questions of the Board. Commissioner Kirby moved to Minutes - December 18, 1985 Page 4 IMEMMIMIE allow the Orfields until February 5, 1986, to obtain the proper permits, and if not done by this date, the matter shall be referred to the County Attorney to proceed with legal action. The motion was seconded by Commissioner Lacy and carried unanimously. BUILDING CODE VIOLATION - GREEN & BLACKSTON: Mr. Huffman presented this matter to the Board. He said Robert & Janet Green and David & Suzanne Blackston are in violation of Section 70 of the Building Code Ordinance, mobile home building permits required. Mr. Huffman said Mrs. Blackston had written a letter stating that the permits will be obtained as soon as possible. There was no one present representing the Greens or Blackstons. Commissioner Lacy moved to allow them until February 5, 1986, to obtain the proper permits, and if not accomplished by this date, then this matter is to be referred to the County Attorney to proceed with legal action. Seconded by Commissioner Kirby, the motion carried unanimously. BUILDING CODE VIOLATION - GOURE: Mr. Huffman said Floyd and Mary Goure are in violation of Section 70 of the Building Code Ordinance, mobile home building permits required. The recommendation of the Planning staff is to refer this matter to the County Attorney to proceed with legal action. The Goures were neither present nor represented. Commissioner Kirby moved to accept the Planning staff recommendaton in total. The motion was seconded by Commissioner Lacy and carried unanimously. BUILDING CODE VIOLATION - COE: Mr. Huffman deleted this item from the agenda because the matter has been resolved. BUILDING CODE VIOLATION - NELSON FARM, INC: Mr. Huffman said this violation of Section 70, mobile home building permits required, is against Eleanor M. Nelson Farm, Inc. He said the Planning staff's recommendation is to refer this matter to the County Attorney to proceed with legal action. There was no one present to represent Nelson Farm, Inc. , but Commissioner Lacy said he had received a telephone call from Dick Sullivan, Eleanor Nelson's son—in—law, and Mr. Sullivan stated that qrs. Nelson is now in a nursing home and they are trying to sell the mobile home. He said if it is not sold within 30 days, they would remove it from the property. Commissioner Lacy moved to allow them 30 days to remove the mobile home from the property and if not removed within that time, this matter shall be referred to the County Attorney to proceed with legal action. Commissioner Kirby seconded the motion and it carried unanimously. BUILDING CODE VIOLATION — SCHWEGER: Mr. Huffman said Schweger Dairy and Richard Schweger are in violation of Sections 20..9. 1 and 20.9.6 of the Building Code Ordinance, tie downs and blocking required. He said the recommendation of the Planning staff is to refer this to the County Attorney to proceed with legal action. Schweger Dairy and Richard Schweger were neither present nor represented. Commissioner Lacy moved to refer this matter to the County Attorney to proceed with legal action. Seconded by Commissioner Yamaguchi, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. Emergency Ordinance #70-A,and Emergency Ordinance #141 were 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. Minutes - December 18, 1985 Page 5 There being no further business, this meeting was adjourned at 10:45 A.M. APPROVED: ATTEST: (je 171�y,_, avJT BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder AlvItiar— and Clerk to the Boa ccqu ine J n on, Chairman By: -47 / EXCUSED DATE OF MEETING Deputy Coun y" rk Gene R. Brantner, Pro-Tem C.W. Kirby EXCUSED DATE OF SIGNING Gordon Lac yi?7 Frank ate' ma l Minutes - December 18, 1985 Page 6 RECORD OF PROCEEDINGS AGENDA Monday, December 23, 1985 Tape #85-107 ROLL CALL: Jacqueline Johnson, Chairman Gene Brantner, Pro-Tem C.W. Kirby Gordon Lacy Frank Yamaguchi MINUTES: Approval of minutes of December 18, 1985 (Commissioner Brantner excused) CERTIFICATIONS OF HEARINGS: Hearings conducted on December 18, 1985: 1) Policy Report under Section 103A; 2) Tavern Liquor License, LeRoy Sather, Jr.; 3) Show Cause Hearing, Vessels Oil & Gas; 4) USR, Lockman; 5) USR, Gurley; and 6) USR, Vetting (Commissioner Brantner excused) ADDITIONS TO AGENDA: Added as Item #15 under New Business: Resolution re: Memorandum of Agreement with West Greeley Soil Conservation District APPROVAL OF CONSENT AGENDA: COMMISSIONER COORDINATOR 1) Communication Services - Kirby REPORTS: 2) Engineering Services - Brantner 3) Health Services - Lacy 4) Planning Services - Yamaguchi 5) Purchasing & Personnel - Johnson COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BIDS: 1) Approve bituminous pavement mix/asphalt, 1986 - Rd. & Bridge (Bette Rhoden) 2) Approve milk bid - Youth Shelter & Human Resources BUSINESS: OLD: NEW: 1) Consider Resolution re: DUI Program Grant with Division of Highway Safety and authorize Chairman to sign 2) Consider request for vacation of ROW in Pt. NEtNE}, S12, T4N, R61W - Douglas Vannoy (cont. to Dec. 30) 3) Consider Resolution re: Cancellation of outstanding Accounts Receivable for Ambulance Service, in amount of $6,472.50 4) Consider Lease Agreement with Weld Library District and authorize Chairman to sign 5) Consider Memorandum of Agreement with Weld Library District and authorize Chairman to sign 6) Consider Vision Care Contract and authorize Chairman to sign 7) Consider Dental Care Contract and authorize Chairman to sign 8) Consider Cooperative Reimbursement Agreement between County Attorney and Dept. of Social Services 9) Consider Contract with Child Abuse Resource and Education, Inc. and authorize Chairman to sign 10) Consider Resolution re: Purchase of used steel 11) Consider Emergency Ordinance #133-C - In Matter of Supplemental Appropriation for 1985 (cont. to Dec. 30) 12) Final Reading of Ordinance #9-D - In Matter of Repeal and Re-enactment, with Amendments and Additions, to Certain Sections to Individual Sewage Disposal System Regulations, Ordinance #9-A, as Amended by Ordinances #9-B, #9-C 13) Final Reading of Ordinance #136-A - In Matter of Repealing Ordinance #136 and Setting the Amount of Purchases Which Must be by Written Sealed Bids with a Ten-Day Period for Consideration 14) Final Reading of Ordinance #84-E - In Matter of Repealing Ordinance #84-D and Re-enacting the Setting of Fees for Services Provided by Weld County d CONSENT AGENDA APPOINTMENTS: Dec 23 - Hospital Board 4:00 PM Dec 24 - HOLIDAY Dec 25 — HOLIDAY Dec 26 - Human Resources Advisory Board 8:30 AM Jan 1 - HOLIDAY HEARINGS: Dec 23 - Changes to Final PUD Plat, Beebe Draw Land Company Ltd. - First Filing 9:00 AM Dec 30 - Establish Land-Use Application Fees 9:00 AM Dec 30 - Establish 1986 Building Inspection Permits Fees 9:00 AM Jan 8 - Show Cause Hearing, 31 Disposal (Stan Rech) 2:00 PM Jan 8 - USR, Adult mentally retarded group ranch Triangle Cross Ranch 2:00 PM Jan 8 - USR, Agricultural service establishment (contract trucking business) , Daniel & Joyce Tietmeyer 2:00 PM • Jan 8 - USR, Accessory building larger that 1,500 sq. feet in platted subdivision, Tony & Katie Gumma 2:00 PM Jan 22 - COZ, R-1 to A, Allan W. Smith 2:00 PM Feb 19 - Show Cause Hearing, Arnold & Beverly Teter (cont. from Dec. 4) 2:00 PM Feb 19 - Show Cause Hearing, Vessels Oil & Gas (cont. from Dec. 18) 2:00 PM REPORTS: COMMUNICATIONS: 1) The Pacific Institute re: "Keys to Excellence for Youth" Program 2) Leonard F. Banowetz, Attorney, re: Colorado Landfill, Inc. 3) Legal documents re: St. Vrain Sanitation District (available in Clerk to Board's Office) 4) Falcon-Andrau Energy Company re: Disposal Pit at Owl Creek 25 PLANNING STAFF 1) RE #819 - Orr, et al. APPROVALS: 2) RE #822 - Werning 3) ZPMH #1106 - Lewis 4) ZPMH #1118 - Echeverria RESOLUTIONS: 1) Approve request to waive bid procedure for Oil and Gas Lease from Cache Exploration, Inc. and Conquest Oil * 2) Approve Findings of Board concerning Tavern Liquor License, LeRoy Sather, Jr. , dba Streamers * 3) Approve continuance of Show Cause Hearing, Vessels 011 & Gas * 4) Approve USR, Lockman * 5) Approve USR, Gurley * 6) Approve USR, Vetting * 7) Approve 1986 Dance License for Jesse Humphrey, dba Jack Daniels II * 8) Approve George Goodell as Road & Bridge Directcr * 9) Approve Action of Board concerning Zoning Violation - Banek * 10) Approve authorization for County Attorney to proceed with legal action - Korgan * 11) Approve Action of Board concerning Building Code Violation - Silvers & Adams * 12) Approve Action of Board concerning Building Code Violation - Orfield * 13) Approve Action of Board concerning Building Code Violation - Green & Blackston • * 14) Approve authorization for County Attorney to proceed with legal action - Goure * 15) Approve Action of Board concerning Building Code Violation - Nelson Farm, Inc. * 16) Approve authorization for County Attorney to proceed with legal action - Schweger Dairy * 17) Approve cancellation of outstanding Accounts Receivable for Ambulance Service Continued on Page 2 of Consent Agenda • Page 2 CONSENT AGENDA * 18) Approve Club Liquor License for Greeley Elks Lodge #809 * 19) Approve purchase of used steel * 20) Approve DUI Program Grant with Division of Highway Safety * 21) Approve Memorandum of Agreement with West Greeley Soil Conservation District * 22) Deny RE #816 - Guildner ORDINANCES: 1) Emergency Ordinance #133-C - In Matter of Supplemental Appropriation for 1985 • * 2) Ordinance #9-D - In Matter of Repeal and Re-enactment, with Amendments and Additions, to Certain Sections to Individual Sewage Disposal System Regulations, Ordinance #9-A, as Amended by Ordinances 419-B, #9-C * 3) Ordinance #136-A - In Matter of Repealing Ordinance #136 and • Setting the Amount of Purchases Which Must be by Written Sealed Bids with a Ten-Day Period for Consideration * 4) Ordinance 1184-E - In Matter of Repealing Ordinance #84-D and Re-enacting the Setting of Fees for Services Provided by Weld County * Signed at this meeting FINDINGS AND RESOLUTION RE: FINDINGS AND RESOLUTION CONCERNING APPLICATION OF LeROY N. SATHER, JR. , DEA STREAMERS, FOR TAVERN LIQUOR LICENSE • The application of LeRoy N. Sather, Jr. , dba Streamers, 2630 6th Avenue, Greeley, Colorado 80631 , for a Tavern Liquor License, came on for hearing on the 18th day of December, 1985 , at 2 :00 p.m. and the Board of County Commissioners of Weld County, Colorado, having heard the testimony and evidence adduced upon said hearing, and having considered the testimony, evidence and remonstrances filed with said Board, and having carefully weighed the same, now makes the following findings: 1 . The evidence discloses that the applicant has sustained the burden of proof as to the desires of the inhabitants. 2 . That the applicant is of good character and reputation. 3 . The applicant has proven the reasonable requirements of the neighborhood. RESOLUTION 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 considered the application of LeRoy N. Sather, Jr. , dba Streamers, 2630 6th Avenue, Greeley, Colorado 80631 , for a Tavern Liquor License for the sale of malt, vinous and spirituous liquors by the drink for consumption on the premises only, and WHEREAS, said applicant has paid to the County of Weld, the sum of $450 .00 for the Hearing Fee, and WHEREAS, due to the Findings of the Board of County Commissioners in this matter, as stated herein, the Board deems it advisable to approve said application for a Tavern Liquor License for LeRoy N. Sather, Jr. , dba Streamers. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application, the qualifications of the applicant, and the • Page 2 ' RE: FINDINGS AND RESOLUTION - STREAMERS • testimony of those present at the hearing, does hereby approve the application of LeRoy N. Sather, Jr. , dba Streamers, for a Tavern Liquor License for the sale of malt, vinous and spirituous liquors by the drink for consumption on the premises only, for the reasons stated herein. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: _ WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board acqu ine J &son, Chairman EXCUSED BY: Gene R. Brantner, Pro-Tem Deputy ounty rk 1 (--# APPROVED AS TO FORM: C,W.` Kirb ` i \�� EXCUSED DATE OF SIGNING - AYE • a County Att ne� —4,4(1/ /// /�//�/1 Frank' YamagucnA RESOLUTION G O REVOCATIONOOFIUSRN #598 P SSUEDWTOC VESSELS AUSE EOIL NAND T CONSIDER GAS COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld ld adminy istome ering Rule Charter, is vested with the authority of affairs of Weld County, Colorado, a nd WHEREAS, on December 18 , 1985 , a Show Cause Hearing was conducted to consider revocation of Use by Special Review #598 issued to Vessels Oil and Gas Company, and WHEREAS, the Board, after hearing testimony that aVeVessels selstOil and Gas Company has submitted an application for an to said Use by Special Review, deems it advisable to continue said hearing to February 19 , 1986 , at 2:00 P.M. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing to consider revocation of Use by Special Review #598 , issued to Vessels ''ill and Gas Company, be, and hereby is, continued to February 19 , 1986 , at 2:00 P.M. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D. , 1985 . a- . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk and Recorder cqu ine J son, C airman and Clerk to the Board I jn EXCUSED BY: /l t �^ Gene R. Brantner, Pro- em A• Deputy Coun Clerk i APPROVED AS TO FORM: C.W. Kirb // EXCUSED DATE OF SIGNING - AYE �'/ Gordon . Lacy �� Co y Attor ey Fran Yamaguc _A � / � ! � � '/. _ c RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW TO PROCESS AND SELL FORESTRY PRODUCTS IN AN AGRICULUTRAL ZONE DISTRICT - DARREL OR TAMARA LOCKMAN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 18th day of December, 1985 , at the hour of 2 :00 p.m. in the Chambers of the Board for the purpose of hearing the application of Darrel or Tamara Lockman, 35581 Weld County Road 31 , Eaton, Colorado 80615 , for a Use by Special Review to process and sell forestry products in an Agricultural Zone District on the following described real estate, to-wit: Part of the NE;, Section 4 , Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24 .4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24. 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4.2 of the Weld County Zoning Ordinance as follows: a . The proposal is consistent with the policies of the Comprehensive Plan in that it does not infringe on the continued agricultural use in the vicinity or County. Page 2 RE: USR - LOCKMAN b. The proposal is consistent with the intent of the Agricultural Zone District in that a reasonable effort has been made to minimize the impacts on agricultural land and is provided for as a Use by Special Review. c. The subject site is within three miles of the Town of Eaton. Gary Carsten, Eaton ' s Town Administrator has indicated no objections to this proposal and feels the request is compatible with the town' s interests. d. No overlay districts affect the site. e. The Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review to process and sell forestry products in an Agricultural Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. Page 3 RE: USR - LOCKMAN The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D. , 1985 . .vi BOARD OF COUNTY COMMISSIONERS ATTEST: ( to ktibr 'srmi WELD COUNTY, COLORADO Weld County C erk and Recorder % and Clerk to the Board �cqu line J h - son, Chairman l EXCUSED BY: � , �h1 `/ Gene R. Brantner, Pro-Tern Deputy' County 9• erk APPROVED AS TO FORM: C.1eKirb/�7 yL EXCUSED DATE OF SIGNING - AYE 4\7:- /� Gordon E. La y ��Cou Attorri/ y an Y m Fr�'a°n1 Y ma chs DEVELOPMENT STANDARDS Darrel or Tamara Lockman USR-709 :85 :54 1 . The Use by Special Review permit is for the processing and selling of forestry products in an Agricultural Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2 . The Use by Special Review area shall comply with all State and Federal regulations pertaining to the handling, storage or disposal of hazardous or toxic substances. 3. All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 4. The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 5. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 .6 of the Weld County Zoning Ordinance. 6. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 7 . The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 8 . The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR GREYHOUND DOG KENNEL (200 DOG MAXIMUM) - GENE AND DIANNE GURLEY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 18th day of December, 1985, at the hour of 2:00 p.m. in the Chambers of the Board for the purpose of hearing the application of Gene and Dianne Gurley, 7256 Maple Street, Longmont, Colorado 80501 , for a Use by Special Review for a greyhound dog kennel (200 dog maximum) on the following described real estate, to-wit: Part of the Sk NEs, Section 15 , Township 2 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24 .4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 .7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4 .2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Comprehensive Plan policies in that the location of the proposed use minimizes the impact on the surrounding farmland. b. The proposal is allowed as a Use by Special Review. Page 2 RE: USR - GURLEY c. The proposal is consistent with the Agricultural Zone District. The Agricultural District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other, incompatible land uses. The proposal is intended to provide for a greyhound kennel with the remainder of the property to stay in alfalfa production. d. No overlay districts affect the site. e. The Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for a greyhound dog kennel (200 dog maximum) on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: I . The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2 . The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . Within thirty days of final approval by the Board of County Commissioners, the applicant shall submit a soil erosion plan to the Longmont Soil Conservation District for review and approval. A copy of the approved plans shall be submitted to the Department of Planning Services staff. Page 3 RE: USR - GURLEY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D. , 1985 . �� n - BOARD OF COUNTY COMMISSIONERS `�' 1 ATTEST: Q«/- Viv,A,Cf l.(f/t WELD COUNTY, COLORADO Weld Co%rrty jerk and Recorder \ and Clerk to the Board Jacque ne J son, Chairman �jL EXCUSED BY: ��y, Gene R. Brantner, Pro-Tern Deputy✓Countce-yer erk / APPROVED AS TO FORM: C.W. Kir y EXCUSED DATE OF SIGNING - AYE Gordon E. La y .P (321Ai/h e �/ County Attor ey �� F Yamahi DEVELOPMENT STANDARDS Gene and Dianne Gurley USR-710 :85: 55 1. The Use by Special Review permit is for a greyhound dog kennel as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. The maximum number of greyhound dogs allowed is two hundred (200) . 2 . The applicant or operator shall develop and maintain a soil erosion plan for the property per recommendation from the Longmont Soil Conservation District. 3. A one hundred foot (100 ' ) grass buffer strip shall be developed and maintained between the kennel area and the Coal Ridge Ditch per recommendation from the Longmont Soil Conservation District. 4 . The greyhound kennel facility shall comply with the Colorado Racing Commission' s Rules and Regulations pertaining to greyhound kennels. 5. If any plumbing facilities are planned or required for the kennel , a separate septic system shall be installed for the kennel facility in accordance with the requirements and regulations of the Weld County Health Department. 6. Buildings and grounds shall be kept clean, in good repair and free of trash. Animal waste shall be removed daily from the kennel area and stored in an enclosed container. The waste shall be removed on a weekly basis. 7. All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 8 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 9 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 .6 of the Weld County Zoning Ordinance. Page 2 DEVELOPMENT STANDARDS - GURLEY 10 . Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 11 . The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 12 . The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. 4 , RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR LIVESTOCK CONFINEMENT OPERATION (140 COWS) - JAMES E. AND MICHELE I . VETTING WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 18th day of December, 1985 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of hearing the application of James E. and Michele I. Vetting, 22670 Weld County Road 54 , Greeley, Colorado 80631 , for a Use by Special Review for a livestock confinement operation (140 cows) on the following described real estate, to-wit: Part of the NWa, Section 23 , and part of the SW4, Section 14 , Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24 .4.2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 .7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 .2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the intent of the Weld County Comprehensive Plan. The Comprehensive Plan encourages the development of agribusiness and agriculturally oriented industry provided these enterprises do not adversely affect the local economy or environment. //-7 /so (7(1. � o Page 2 RE: USR - VETTING b. The proposed use is an agricultural activity and is, therefore, consistent with the intent of the agricultural district. c. The uses permitted will be compatible with the existing surrounding land uses and with future development of the surrounding areas as permitted by the Agricultural Zone District. d. No overlay districts affect the site. e. Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for a livestock confinement operation (140 cows) on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . The Use by Special Review plat shall be amended to show a total 75 foot right-of-way reservation from the centerline south on U.S. Highway 34 . MINEIMENE • Page 3 RE: USR - VETTING The above and foregoing Resolution was, on motion duly made . • and seconded, adopted by the following vote on the 18th day of December, A.D. , 1985. BOARD OF COUNTY COMMISSIONERS ATTEST: ;L- WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board ' -cau_ ine � o son, Chairman EXCUSED BY: ° Gene R. Brantner, Pro-Tem Deputy ounty rk APPROVED AS TO FORM: C.W. Xi by EXCUSED DATE OF SIGNING - AYE f �/) Gordo E. Lac County Atto ney , �/%; Frank Yamaguuc1 • . I DEVELOPMENT STANDARDS James E. and Michele I. Vetting USR-704: 85: 49 1 . The Use by Special Review permit is for a livestock confinement operation as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. The maximum number of animal units permitted is 140 head. 2 . All waste retention facilities shall meet and be maintained in accordance with the State Health Department' s Guidelines for Design of Feedlot Runoff Containment Facilities . The applicant shall be responsible for any additional requirements issued by the Colorado Department of Health, Water Quality Control Division. 3 . All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 4 . The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 of the Weld County Zoning Ordinance. 5 . The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 of the Weld County Zoning Ordinance. 6 . Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the operations carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 7 . The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 8 . The property owner and/or operator of this operation shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. RESOLUTION RE: GRANT COUNTY DANCE HALL LICENSE NUMBER 156, ISSUED TO JESSE HUMPHREY, D/B/A JACK DANIELS II, TO EXPIRE DECEMBER 31 , 1986, AT 12 :00 O'CLOCK 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, Jesse Humphrey, d/b/a Jack Daniels II, 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: 3815 State Highway 119, Longmont, Colorado 80501 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 Jesse Humphrey, d/b/a Jack Daniels II, and, said li shl beon the express ASc nse conditionEand agreement ethat the publiclssued dances ill 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 156 be, and hereby is, granted to Jesse Humphrey, d/b/a Jack Daniels II, to conduct dances at the hereinabove described location. BE IT FURTHER RESOLVED by the Board that said License Number 156 shall be in effect through 12: 00 o'clock midnight, December 31, 1986 , conditional upon the applicant conducting all dances in strict conformity to all laws of the State of Colorado. Page 2 RE: 1986 DANCE LICENSE - JACK DANIELS II The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D. , 1985. BOARD OF COUNTY COMMISSIONERS ATTEST: Ililaukawv,L44kamitrti. WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board a quel e Joh s., , Chairman EXCUSED BY: ./ 41:-,/, < <,� i.J Gene R. Brant. Pro-Tem Deputy County?, Jerk 21j�• APPROVED AS TO FORM: C.W. /Kirby Gor on E. L c iNrel./. 19 /-21171/1.141A, ¢/ County Attorney . 17 - am c CO al N CO r ti n S ^ `r D a -,.\ f v. = — o n- Co n -r 0 m CD CA O ZS O it ; 'vrp ^E o O ft C40 g Co ti # .Z Co O 4 cB nm o In H- a run. 1 A W . H .< o'orcc o c a a,-. m n c 7 3 E n o Ai r ro x'. r4' o c t30, o 5- m a t3 _ c, Q- n O W Z 7� _O C S y > �1 - S YHA • [. D � Wn = m m Q O CD Ca iSlt �� Caw p f' _zRcoi - a x z 0 3 p r H H ZR _ �' � E£ S G o a o m co co Q �_ ,PI ,..is +•—� r+ • p0 Mt o' O O ry Cl) rn om m � � H ii-� • - O N m n O.. 3 CO t:, Jr m n H o > H o � 'p z n. m m y o o z 01 y: n 2 ED OGI E A_ Z. CT n a 1. `5 cx -n , IA `� m ""' \ 3 Y (Ji 3 S a 'ri r i - a b-..-).- O _p N CS y V n 1 �y� ti _ o, c _ a .__ E 4. PS Form 3800. Feb. 1982 * U.S.G.P.O.1984-448-014 T O O,7 I o o € y-10 l 0 , o 70 I 51.1 f ' r qp _ I .l o I o ZI o o I � \ 3 r o o a!� o m a o z rn ` T. �n n o , " cn - m nn ws o r b. (ice laic-0 n o• . w m o'& 1F:1,n tiQTEa I� U1 col n o 0 J._ '\ m w w e o . �I C1' I o r'n 7J ._D a 4 o J b m a o o c0 m j i -i J3 IllA3 �` -.s m p 0,2' 7 C7 0 .v, j uj W E5 Ln i j o b O 1 F I ~ ' r t I tat333H NMf113tl 311.s3woa 2//23a- Z/h'Qs37 soa-tvr reset Amr'LL8E W.od sa _ . m :4X CXa 0D DID P P ni 7. oogreg9c' • D O r? d m17 y71 -i i ! h: rfir!rj'U „Li w 3 S $ x2zf 'n S < x2S• �oo 4 t % ti 3 1 RESOLUTION RE: APPROVE APPOINTMENT OF GEORGE GOODELL AS DIRECTOR OF ROAD AND BRIDGE DEPARTMENT 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, on February 14 , 1985, reorganized the Road and Bridge Department and created the position of Director of Road and Bridge, and WHEREAS, George Goodell was appointed to serve as interim Director of the Road and Bridge Department, and WHEREAS, the Board now wishes to appoint George Goodell as Director of the Road and Bridge Department. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that George Goodell be, and hereby is, appointed as Director of the Road and Bridge Department. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: i ' \ WELD COUNTY, COLORADO Weld County l°1`�rk and Recorder pc • n4T-- and Clerk to the Board cq line oh son, Chairman /j EXCUSED BY: l t E� !/ / Gene R. Brantner, Pro--Tem Deputy County erk A /1 APPROVED AS TO FORM: C.W. Kirby EXCUSED DATE OF SIGNING - AYE 7- ///� 4 Gord E. L _,% County P;ttorhLy arce- �� Frank Yama chi v RESOLUTION RE: ACTION OF THE BOARD CONCERNING VIOLATION OF THE WELD COUNTY ZONING ORDINANCE - OREN AND YULENE BANEK WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , the Weld County Department of Planning Services has informed the Board of County Commissioners that Oren and Yulene Banek are in violation of Section 32 .2.2 of the Weld County Zoning Ordinance, automobile repossession business not a use by right in the R-1 District, and WHEREAS, the property on which said violation is occurring is described as all of Lots 3 , 4 , 5 and 6 in the SW; SEa, Section 10 , Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, despite repeated requests, said violation has not been corrected, and WHEREAS, the Board, after reviewing the matter and having heard the testimony, deems it appropriate to allow Oren and Yulene Banek thirty days, until January 17 , 1986 , to remove the automobiles from the subject property, and WHEREAS, the Board deems it advisable that if the automobiles have been been removed by January 17 , 1986 , the matter shall a l be referred to Thomas O. David, Weld County attorney, for appropriate pp p e legal action. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Oren and Yulene Banek be, and hereby is, allowed thirty days, until January 17 , 1986, to remove the automobiles from the property. BE IT FURTHER RESOLVED by the Board that if said violation is not corrected by January 17 , 1986 , this matter shall then be referred to Thomas O. David, Weld County Attorney, to proceed with appropriate legal action against Oren and Yulene Banek, any other persons who may be occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with them, to remedy the violation of the Weld County Zoning Ordinance. (II Page 2 RE: ZONING VIOLATION - SANER The above and foregoing Resolution was, on motion duly made • and seconded, adopted by the following vote on the 18th day of December, A.D. , 1985. �-1lil� - BOARD OF COUNTY COMMISSIONERS ATTEST: ( I �C"'f' ""� � ^� WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board J que ne Jo n on, hairman O1 EXCUSED BY: //-4,V-'�i, x�s' Gene R. Brantner, Pro-Tem Deputy/ dount' lerk • APPROVED AS TO FORM: C.W. KarbL EXCUSED DATE OF SIGNING - AYE Gordon E. Lac o nt ttorney m gu RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST LaVERN AND HELEN KORGAN FOR VIOLATION OF THE WELD COUNTY ZONING ORDINANCE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Planning Services has informed the Board of County Commissioners that LaVern and Helen Korgan are in violation of Sections 31 . 2. 16 and 43 of the Weld County Zoning Ordinance, mobile home without permits, and WHEREAS, the property on which said violation is occurring is described as Lot 12, Block 2 , Hardin, Weld County, Colorado, and WHEREAS, despite repeated requests, said violation has not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against LaVern and Helen Korgan to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against LaVern and Helen Korgan, any other persons occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with them, to remedy the violation of the Weld County Zoning Ordinance. /; Page 2 RE: ZONING VIOLATION - KORGAN The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D. , 1985. 41 ( Y BOARD OF COUNTYCOMMISSIONERSATTEST: t;�iwv� WELD COUNTY, COLORADO Weld County Clerk and Recorder \y, .s. \��r\w►�� and Clerk to the Board %i .cq y mne Jo' nson, Chairman %/� /� EXCUSED BY: i /�ll/i �c C1 Gene R. Brantner, Pro-Tem Deputy: County erk APPROVED AS TO FORM: C.W. Kirby EXCUSED DATE OF SIGNING (AYE) ' '7 � Gordonon E. Lac /(/ ✓ -'�[% 1ll�j�4F/ 7 County ttorney u,thm t Frank Yamag hi y RESOLUTION RE: ACTION OF THE BOARD CONCERNING VIOLATION OF THE WELD COUNTY BUILDING CODE ORDINANCE - WILLIAM L. AND SHIRLEY J. SILVERS AND DAVID ADAMS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Planning Services has informed the Board of County Commissioners that William L. and Shirley J. Silvers and David Adams are in violation of Section 70 of the Weld County Building Code Ordinance, mobile home building permits required, and WHEREAS, the property on which said violation is occurring is described as Part of the NW4, Section 10 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, despite repeated requests, said violation has not been corrected, and WHEREAS, the Board, after reviewing the matter and having heard the testimony, deems it appropriate to allow William L. and Shirley J. Silvers and David Adams until February 5 , 1986 , to obtain the proper permits, and WHEREAS, the Board deems it advisable that if said permits have not been obtained by February 5 , 1986 , this matter shall be referred to Thomas O. David, Weld County Attorney, for appropriate legal action. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that William L. and Shirley J. Silvers and David Adams be, and hereby are, allowed until February 5 , 1986 , to obtain the proper permits for the mobile home. BE IT FURTHER RESOLVED by the Board that if said permits are not obtained by February 5 , 1986 , this matter shall be referred to Thomas O. David, Weld County Attorney, to proceed with appropriate legal action against William L. and Shirley J. Silvers and David Adams, any other persons who may be occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with them, to remedy the violation of the Weld County Building Code Ordinance. . Page 2 RE: BUILDING CODE VIOLATION - SILVERS AND ADAMS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D. , 1985 . \Jj/) BOARD OF COUNTY COMMISSIONERS Mail Qi�� _ ' f WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board 51/2-4Q-vv‘'acciinejla\soni,\C‘Ce---1hairman EXCUSED BY: iii t 1 Gene R. Brantixer, Pro-Tem Deputy/County Jerk gif APPROVED AS TO FORM: C.W. YirbiLf-fr EXCUSED DATE OF SIGNING (AYE) Gordo Lac . . ounty Atto ey Frra friere-1 RESOLUTION RE: OF CONCERNING VIOLATION W ELD COUNTY BUILDING CODE RDINANCEDWAYNE D. AND PAMELA A. ORFIELD WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , the Weld County Department of Planning Services has informed the Board of County Commissioners that Dwayne D. and Pamela A. Orfield are in violation of Sections 30 and 70 of the Weld County Building Code Ordinance, mobile home building permit and building permits required, and WHEREAS, the property on which said violation is occurring is described as Lot 7 , Block 28 , Aristocrat Ranchettes Subdivision, Weld County, Colorado, and WHEREAS, despite repeated requests, said violation has not been corrected, and WHEREAS , the Board, after reviewing the matter and having heard the testimony, deems it appropriate to allow Dwayne D. and Pamela A. Orfield until February 5 , 1986 , to obtain the proper permits, and WHEREAS, the Board deems it advisable that if said permits have not been obtained by February 5 , 1986 , this matter shall be referred to Thomas O. David, Weld County Attorney, for appropriate legal action. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Dwayne D. and Pamela A. Orfield be, and hereby are, allowed until February 5 , 1986 , obtain the proper permits for the mobile home. BE IT FURTHER RESOLVED by the Board that if said permits have not been obtained by February 5 , 1986 , this matter shall then be referred to Thomas O. David, Weld County Attorney, to proceed with appropriate legal action against Dwayne D. and Pamela A. Orfield, any other persons who may be occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with them, to remedy the violation of the Weld County Building Code Ordinance. r' _ c . Page 2 RE: BUILDING CODE VIOLATION - ORFIELD • The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D. , 1985 . /J BOARD OF COUNTY COMMISSIONERS ATTEST: abti i-z-zu,Jj�,.r✓{k(n ; WELD COUNTY, COLORADO Weld County t erk and Recorder --,N._` and clerk to the Board cau ine J n on, Chairman /22 1 EXCUSED BY: / 1:&V, ,g / Gene R. Brantner, Pro-Tem Deputy Count Clerk 7g1471/ APPROVED AS TO FORM: r C.W. Kirby / f^ i EXCUSED DATE OF , IGNING (AYnE. :Lacy (AYE)• - / Gordo unt Attorney ��f�' • las7, Fran Yamaguc RESOLUTION RE: ACTION OF THE BOARD CONCERNING VIOLATION OF THE WELD COUNTY BUILDING CODE ORDINANCE - ROBERT AND JANET GREEN AND DAVID AND SUZANNE BLACKSTON WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Planning Services has informed the Board of County Commissioners that Robert and Janet Green and David and Suzanne Blackston are in violation of Section 70 of the Weld County Building Code Ordinance, mobile home building permits required, and WHEREAS, the property on which said violation is occurring is described as Lot 2, Block 9 , Aristocrat Ranchettes Subdivision, Weld County, Colorado, and WHEREAS, despite repeated requests, said violation has not been corrected, and WHEREAS, the Board, after reviewing the matter and having heard the testimony, deems it appropriate to allow Robert and Janet Green and David and Suzanne Blackston until February 5, 1986 , to obtain the proper permits, and WHEREAS, the Board deems it advisable that if the proper pre ermits erredato Thomasre not O. David, Weld County appaine by rory 5 , p986 , riate matter shall be legal action. Attorney, for appropriate NOW, E IT SOLVED by the Commissioners of THEREFORE,Weld BCounty RE Colorado, that Robert and of County Green and David and Suzanne Blackston be, and hereby are, allowed until February 5 , 1986 , to obtain the proper permits for the mobile home. BE IT FURTHER RESOLVED by the Board that if said permits are not obtained by February 5 , 1986 , this matter shall then be referred to Thomas O. David, Weld County Attorney, to proceed with appropriate legal action against Robert and Janet Green and David and Suzanne Blackston, any other persons who may be occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with them, to remedy the violation of the Weld County Building Code Ordinance. Page 2 RE: BUILDING CODE VIOLATION - GREEN AND BLACKSTON The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D. , 1985. ATTEST _ / BOARD OF COUNTY COMMISSIONERS &77t1/ TE;.iLY.f,?,tr,j WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board acqu ine J h son, Chairman EXCUSED BY: i /lica, • Deputy/County, erk Gene R. Bragtner, Pro-Tem APPROVED AS TO FORM: C.W. irby�^ EXCUSED DATE OF SIGNING (AYE) i / G' ' ✓z,( '- Gor . La Yn t �i County Attoi2sey . Frank Yam g RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST FLOYD W. AND MARY C. GOURE FOR VIOLATION OF THE WELD COUNTY BUILDING CODE ORDINANCE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Planning Services has informed the Board of County Commissioners that Floyd W. and Mary C. Goure are in violation of Section 70 of the Weld County Building Code Ordinance, mobile home building permits required, and WHEREAS, the property on which said violation is occurring is described as Lot 6 , Block 52 , Aristocrat Ranchettes Subdivision, Weld County, Colorado, and WHEREAS, despite repeated requests, said violation has not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against Floyd W. and Mary C. Goure to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against Floyd W. and Mary C. Goure, any other persons occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with them, to remedy the violation of the Weld County Building Code Ordinance. Page 2 RE: BUILDING CODE VIOLATION - GOURE The above and fore oin and seconded, ado g g Resolution er pted b follo was, on motion duly made Decemb , A.D. , 1985. Y the following votes on the 18th day of ATTEST: fa::::-/L:1"7 BOARD OF WELD COUNTY O COMMISSIONERS Weld County Clerk and Recorder ' COLORADp and Clerk to the Board acqu ine J son, Chairman BY. EXCUSED Depute aunty erk Gene R. Bra/ntner, Pro-Tem APPROVED AS TO FORM: 1 +� C.W. Kirby GEXCUSED DATE ordon Lac OF SIGNING (AYE) County Atttorne Y /% Frank Yama RESOLUTION RE: ACTION OF THE BOARD CONCERNING VIOLATION OF THE WELD COUNTY BUILDING CODE ORDINANCE - ELEANOR M. NELSON FARM, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Planning Services has informed the Board of County Commissioners that Eleanor M. Nelson Farm, Inc_ is in violation of Section 70 of the Weld County Building Code Ordinance, mobile home building permits required, and WHEREAS, the property on which said violation is occurring is described as Part of the SEa, Section 29 , Township 7 North, Range 65 West of the 6th P.M. , Weld County, Colorado, and WHEREAS , despite repeated requests, said violation has not been corrected, and WHEREAS, the Board, after reviewing the matter and having heard the testimony, deems it appropriate to allow Eleanor M. Nelson Farm, Inc. thirty days, until January 17, 1986 , to remove the mobile home from the property, and WHEREAS, the Board deems it advisable that if said mobile home is not removed by January 17 , 1986 , this matter shall be referred to Thomas O. David, Weld County Attorney, for appropriate legal action. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Eleanor M. Nelson Farm, Inc. be, and hereby is, allowed thirty days, until January 17 , 1986 , to remove the mobile home from the subject property. BE IT FURTHER RESOLVED by the Board that if said mobile home is not removed by January 17 , 1986 , this matter shall then be referred to Thomas O. David, Weld County Attorney, to proceed with appropriate legal action against Eleanor M. Nelson Farm, Inc. , any other persons who may be occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with them, to remedy the violation of the Weld County Building Code Ordinance. Page 2 RE: BUILDING CODE VIOLATION - NELSON FARM, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D. , 1985 . �..�}� /� `- 4- ' BOARD OF COUNTY COMMISSIONERS ATTEST: ill i i2 VWL11-Ell r.CAk%rJ WELD COUNTY, COLORADO Weld County C1 rk and Recorder and Clerk to the Board cqu ine J rson, Chairman /�j / EXCUSED BY: /��✓ FF� Gene R. Brantner, Pro-Tem Deputy' County . APPROVED AS TO FORM: C.W. Kirby EXCUSED DATE OF SIGNING (AYE) V 4 j� , Gord La y .d' nty Atto ney Frank Yam gal l�1j'sZ�6ti�G'�sl�/ RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST SCHWEGER DAIRY AND RICHARD SCHWEGER FOR VIOLATION OF THE WELD COUNTY BUILDING CODE ORDINANCE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Planning Services has informed the Board of County Commissioners that Schweger Dairy and • Richard Schweger are in violation of Sections 20 .9. 1 and 20 .9.6 of the Weld County Building Code Ordinance, tie downs and blocking required, and WHEREAS, the property on which said violation is occurring is described as the SWn, Section 32, Township 2 North, Range 64 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, despite repeated requests, said violation has not been corrected, and WHEREAS, the Board deems it necessary to bring legal action against Schweger Dairy and Richard Schweger to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Thomas O. David, Weld County Attorney, be, and hereby is, authorized to proceed with legal action against Schweger Dairy and Richard Schweger, any other persons occupying the property, any persons claiming an interest in the property, and any persons acting in active concert with them, to remedy the violation of the Weld County Building Code Ordinance. Page 2 RE: BUILDING CODE VIOLATION - SCHWEGER The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D. , 1985 . 16711/7 `- t BOARD OF COUNTY COMMISSIONERS ATTEST: /f (r11t (11."",..LjittilAratztra WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board J.:cqu -ne J hn on, Chairman EXCUSED BY: /02,4,4A p.� Gene R. Brantner, Pro-Tem Deputy,County; erk Le/I APPROVED AS TO FORM: C.W. Kirt5y�i / EXCUSED DATE OF SIGNING (AYE) Gordo E. La Mount At orne ,� ��/�/ S Franc Yama 1 RESOLUTI'_j RE_ APPROVAL OF CANCELLATION OF OUTSTANDING ACCOUNTS RECEIVABLE FOR THE WELD COUNTY AMBULANCE 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, a list of ambulance accounts which have been deemed uncollectible in accordance with guidelines adopted by the City and County has been submitted to the Accounting Department of Weld County, Colorado, a copy of said list being attached hereto and incorporated herein by reference, and WHEREAS, the Accounting Department has recommended to the Board of County Commissioners of Weld County, Colorado, that said list of uncollectible debts due and owing the Weld County Ambulance Service in the amount of $6 ,472.50 be cancelled. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the aforementioned list of uncollectible accounts, in the amount of $6,472 .50 be, and hereby is, approved for cancellation. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of I December, A.D. , 1985 . m T tl n EJ4 t • _ BOARD OF COUNTY COMMISSIONERS ATTEST:: �f ( (!(.�,�,,,� {djLo�tP.r.�,� WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board J cqu Ine Jo n on, Chairman �� c<471; BY: EXCUSED /44'Ai// � Gene R. Brantner, Pro-Tem • Deputy/County,J'Q Jerk APPROVED AS TO FORM: C.W. Kirby EXCUSED • /" , �� Gordo . Lacy I-count-Sr Attorney Frank Yama u h' WELD COUNTY AMBULANCE SERVICE — UNCOLLECTABLE ACCCUNTS PAGE 1 ACCOUNT AMCUN; ACCO .\T AMOUNT ACCOUNT AMOUNT II,C4UMgER CUE NUMe.. DU`.. NUMBER DUE 00000091 $345.00 00000104 3170.00 00000111 $190.00 0000014S $235.60 00000155 $259.00 00000161 $170.00 0000017S $290. 00 00000187 $195. 00 00000199 $270.00 00000204 $255.00 00000206 $355.00 00000305 $315.00 00000335 $270.00 00000425 $390 .00 00000435 $645.00 00000438 $210. 00 00000446 $240. 00 00000458 $290.00 00000459 $213.00 00000474 $375. 00 00000677 $215.00 00000857 $49.50 00000881 $69.00 00000938 $119. 80 00000992 $82.20 00002181 $255 .00 TOTAL $6,472. 50 RESOLUTION RE: APPROVAL OF RENEWAL REQUEST FOR CLUE LIQUOR LICENSE ISSUED TO B.P.O.E. LODGE, D/B/A GREELEY ELKS LODGE #809 , GREELEY, COLORADO 80634 - EXPIRES DECEMBER 31 , 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, B.P.O.E. Lodge, d/b/a Greeley Elks Lodge #809 , has presented to the Board of County Commissioners of Weld County, Colorado, an application for the renewal of a Club Liquor License for the sale of malt, vinous and spirituous liquors for consumption on the premises only, and WHEREAS, pursuant to Weld County Ordinance No. 6 , Section II. , C. , said applicant has paid the sum of $65.00 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has exhibited a State License for the sale of malt, vinous and spirituous liquors for consumption on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 2809 35th Avenue, Greeley, Colorado 80634 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 86-4 to said applicant to sell malt, vinous and spirituous liquors for consumption 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 , 1986 , providing that said place where the licensee is authorized to sell malt, vinous and spirituous liquors for consumption 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. I Page 2 RE: CLUB LIQUOR LICENSE - B.P.O.E. LODGE #809 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: VlQ,utYtry WELD COUNTY, COLORADO Weld County C erk and Recorder cLc4)1M and Clerk to the Board Jaiquel e Jo�� .s .n, Chairman �/� EXCUSED DATE OF SIGNING (AYE) BY: 270172 .C.e, Gene R. Brantner, Pro-Tem Deputy./Count"if , lerk EXCUSED APPROVED AS TO FORM: C.W. K-rb or O - County Attorney nk Ya a chi -.___: ' .5.__, ......,5,_.* .'ic y' ,;flu —� _ _ ._tea . _ C 11 j ) 0 ' • P , 4 { t1/4 DEPARTMENT OF REVENUE (� %+ / a+, LIQUOR ENFORCEMENT DIVISION ,��11j STATE CAPITOL ANNEX /�x 1375 SHERMAN STREET =� " DENVER,COLORADO 80261 ll 7,0ni� Ill s �. r I 'S . , % ":, <<�: LIQUOR LICENSE �r/u ?P LICENSE EXPIRES g- USE lK[wEE,wwoE11 FOR L. LIT INFORE?!-•L • 1 ` }; •LL REFERENCE f.outli CrTY NOyET, THE. LINILRYOITE 1 J// t 1E u iL .{1lilrt(, 2::).; a./i<'.r 1232.?". ! EEG L =l. 31. , 1c.: . f. C%7 TYPE { 1: I NAME AND DESCRIPTION OF LICENSE FEE .. ice SD aK 1 TL, LC . . • fire T;. c.t l : krt } � ) TOTAL�FEE(S) + / THIS LICENSE IS ISSUED SUBJECT TO THE LAWS OF THE STATE OF COLORADO / - `'lt c' AND ESPECIALLY UNDER THE PROVISIONS OF TITLE 12, ARTICLE 47, CRS 1473, AS IJ} AS AMENDED. THIS LICENSE IS NON-TRANSFERABLE AND SHALL BE CONSPICUOUSLY POSTED S ' ( ,,er IN THE PLACE ABOVE DESCRIBED,ANY INFORMATION CHANGES TO THE LIQUOR �Yu�or LICENSE INVOLVING OWNERSHIP OR FINANCIAL INTEREST IN THE LICENSED'r )��: PREMISES MUST BE REPORTED, WITHIN 10 DAYS, IN WRITING TO THE DEPART- I �, 'L { MENT OF REVENUE, LIQUOR ENFORCEMENT DIVISION, STATE CAPITOL ANNEX, 2,II. - _ 1375 SHERMAN STREET,DENVER,COLORADO 80261. - r �- 4 ` IN TESTIMONY WHEREOF,I HAVE HEREUNTO SET MY HAND AND 1 1 ,', SEAL DEC 12 9999 �i,,. - 1.7D5 <' �r. / 1 1 ,tJ • DDRL COI DEPUTY DIRECTOR EXECUTIVE DIRECTOR t .. ?4I S - _ tri0 O �o �, a r � is {Q O O ;�\ a - - ` : Pa MO h5 a- �� . �o ; - I _- o a Cy r • Z.:-o � a a✓• i *$ N .3 �. Ho n : it -t m rt -t21 0ro 0 Z H o C "4�c a x C ° - �-3 ,'� n to a,it ar. y p t" < O ' r ' ►y(D-- O �' = (D 0 O .O `t C 'h J "8; S -: P MI.- rte+- OT -- .O t0 y �t K N O. a ,_ ,' c H re K a ' �. � o s yo O in 1 %Z - s fig m . . � �' ;: m W �' t7 - - c m , �- ?� co turn r m P . C :, c-r- R.N e p p G " H a N ;..nr ' A is, 0 • . 0 O - 4 rco 01 mn < t' Z5 n '4 -.-- - p `rn rt H p �. o C7 a C Z u ) x CI f� k ss 0 C.al c .:b s t cn o En - 4V// y� Z v-‘;,-,-2t _ -.. .y o `�Y CJ CJ \. z a v 1.. - — ' — O -C N '7 a '� S "1 A O O + w, J. • .. - `, O° R m pn fJ aL. :-1 O u '7 x b o 0 Eq. .-,S 7- Pt 7 _ t0 A O -• Ch • G) H " 'a { 4, -41 - `� m r. 4 is j, y X n Q H A _ + n .. '� �- O co G xn m O p .. r` 3-' C7 o ff C n� ^7 a cp ,T, z S� „ z m c< st rt r c o yzzy M I r t, p V a 0 G • z' n - l a n r.: 01 K �` o Cap ._. �` >y"' o C+ O n '�] : "C .o C C1 O'. ,. . a o • o o ro e H -" v L vxi pm" c . _ . . C? 3 ^. ."m o ^ [D OID. G) z re o , C)O o ?Leo co in m P (t O},- co n P" i �/ G .--...c � � • �`C .. Off- 'OD ---- AI _. �G-. - O _ e' a . < O i ' ' 'n , ) o �- s y �( i ice. _comps Q.. O O W 'G ty -' M.- ',' :w :':':::::,--,::::e17.__1-',1": .. `� e+` ti G t-ftfiIII B _�? m . G `1 n � . f f♦ e t � • } a Form 3800, 1982 * aG nco _ { / ( ) /\ t ml / } : / / ) \ \ ,z m � ; r G jy / \ \ ) < ; Z , 2 � 2 igi { _ ; , e 4 ] Z--- a C 2 ! : t \ "O > 0 : l � f � � e / m > \\ \ 2 | ®� 0. \ / ° ° 2 / , /\ { / co � ` \ CO \ \ _ -c co \ \) Cu, } } 2 / °/ } _ t. , I1/4O ! cA��.__N o d2q /zit__ . . ste-t test Ainretse_dj %x , , o o § \ /_ | , + i } �. ! • stfIT ` � f ! seo . if12 E ■ /( } j 9 3 ; e Rs 32 m. ! , ee � / ! 2 (di () 1 1 |S ■/ | j ee F. ] } h/ k o � R . I ? } . . 2 2 ~� ' ° / I \ / -94 }) f ! a � • *|, &It I y ^ { OCO � ° I`l 7� q °; 2 ° 2 . I X115 { i ■ J es ° /. \! ':` ` F. co \/u|2E} ° I 2 ® a| \\ »j © 1' ywy y DRL402 (214) STATE OF-COLORADO u- - - - DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION LIQUOR LICENSE RENEWAL APPLICATION aPrz77 L.:CVE 14-01322 87 .. ."=LEY Ls6= Z3C_z 35-:4 444 .n =LEY ?C S4-542:. DO NOT WRITE IN THIS SPACE 1. ALL RETAIL LICENSE RENEWALS must be reviewed and approved FIRST by the local licensing authority. Please complete this form and$UBMF T TO YOUR LOCAL LICENSING AUTHORITY no later than 45 days prior to license expiration 2. WHOLESALER, MANUFACTURERS, IMPORTERS, and PUBLIC TRANSPORTATION SYSTEM LICENSE RENEWALS are to be returned to the Colorado Department of Revenue, 1375 Sherman St., Denver, CO 80261, no later than 30 days prior to licen expiration. LOCAL LICENSING AUTHORITY COPY L'sc ACCOUNTRWASERFCR _ _ I:AaILITYINFORMA.ION- APPLICATION FOR PERIOD ENDING AUREFERENCE coin", ray elppt ^est LueLLO-WT[ 14- f_322 C3 2_C6 :. 1= 5 123154 1231.6 BUSINESS: LOCATION: STN TiiEELEY CL 80.6 3- What is your Federal Employer's Identification No.?c4-2217c Gc 4, What is your Colorado Sales Tax Account NO.?/9 5. I declare under penalty of perjury in the second degree that I have read this application and all attachments 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 Colorado Department of Revenue in connection therewith. INDIVIDUALS AND ALL GENERAL PARTNERS OF PARTNERSHIPS CORPORATIONS SIGN HERE: �i MUST SIGN HERE: _,�7� 2. �C/(//_ (�/q��(Jy '�Z%a99Q NUJI/j��.I. BY i ar...."�TT/sip_ vyA��'�`' '� ! (President,Vice President,or Secretary) CATE: DATE: dhen* . P 191 /7e5 NAME AND DESCRIPTION OF LICENSE �^F C%KEY // FEE .;..,� _lC,sc — ..l..Li `lINC,LS • Ali: , PISIT?,-.,Q c.fU TY L5 PFRC_.. . -AP FE--"r- 65 .CC .. TOTAL ..(8) 1. 1.C.CC MAKE CHECKS PAYABLE TO COLORADO DEPARTMENT OF REVENUE REPORT AND APPROVAL OF THE LOCAL LICENSING AUTHORITY FOR- Weld County, Colorado (City,Town,or County) (Manufacturers,Wholesalers, Importers and Public Transportation Systems disregard this section) The foregoing application has been examined and the premises,business conducted and character of the applicant are satisfactory and we do hereby report that such license,if granted,will meet the reasonable requirements of the neighborhood and the desires of the Inhabitants,and Complies with the provisions of Article 47,Title 12.C.R.S-.as amended. THEREFORE THIS APPLICATION IS HEREBY APPROVED THIS 4th DAY OF DeCenber .19 85 - ( YOR R CHA AN OF BOAR ff OF C L) Y COMMISSIONERS OR OTHER TITLE OF LICENSING AUTHORITY.) / Erc:.�.ff-- ,A I t c can4,-4a-a. -rn � ( ✓ (CLERIC)QiR SECRETARY ARY OR-OTHERoi H.Svv III NN'G//rHE OF/ICIAL SEAL OF THE LICE NG AUTHORITY.) (If the,premises are located within a town or city,the above approval should be signed by the mp'or and clerk,if in a county,then by the chair- man of the board of county commissioners and the clerk of the board. If,by ordinance or otherwise,the local licensing authority is some other official,then such approval should be given by such official.) (SEE REVERSE SIDE) 6. My operating manager is Greeley Elks Lodge 4809. Rouse...Caamittee __. _. . _... ___ ___ -. _ YES NO Do you have legal possession of the premises for which this application for license-is made? X Are the premises owned or rented? .owned - If rented,effective&expiration date of lease.._ ..... ...... .. 7. (a) Has the applicant:or any of the partners;or officers,stockholders or directors of said applicant(if a corporation) ever been convicted of a crime?If answer is"yes,"explain in detail. (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. 4.. 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? _. ._p (c) had interest in an entity that had an alcoholic beverage license suspended or revoked? — If answer is"yes,"explain in detail. (Attach separate sheet if necessary.) 9. Does or did applicant;or any of the partners;or officers,directors or stockholders of 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. Intify 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 addresses,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 11. List the names and addresses of all liquor businesses in which any of the persons in the previous question are materially interested. (Use separate sheet if necessary.) 12. If the applicant is a corporation,answer the following: Date: (a) Corporation is organized under the laws of the State of: Colorado 1981 (b) Principal business:s conducted at: County of: State of; 2809 35th Avenue - -- - . Weld -- Colorado - (c) Date of filing last annual corporate report to the secretary of state: February 29, 1984 _ (d) Name of each officer listed below:- Home Address,City and State: Date of Birth: XXXXX c Exalted Ruler HERSIX2oa,_Jr. 3921 W 6 St. Greeley, W- - 80634 3-12-44 Louie Dunson ea S �t 3147 W 5 St. Greeley, CO 80631 5-6-33 _ Treasurer: Clyde Williams 2034 22 Ave. Greeley, CO. 80631 4-24.26 Secretary; Richard L. Stolte 801 36 Ave. Greeley, -CO :-80634 _- 8-17-39 _._ ._. Operating Manager: House Committee 2809 35 Ave. Greeley, CO. 80634 (e) List all stockholders;include actual owner or pledgee. (Use separate sheet if necessary) Name of stockholder: Home Address,City and State: %of stock Date of Birth: (f) Name of all Directors or Trustees of Corporation: Home Address,City and State: __ _ _ - Date of Birth: Thixton Brown 1009 13 An. #x301 Greeley, CO 80631 1.30.18 Don Anderson 1619 28 Ave. _ Greeley, CO _ 80631 2-15-35 _ Bill Goodwin 1824 26 Ave. P1. Greeley.00 _80631- - - - 5-25-25 Phil Colton 1975 28 Ave. X18 Greeley, CO 80631 11-19.35 M DATE: December 4 , 1985 SHERIFF' S OFFICE REPORT FOR BEER OR LIQUOR LICENSE RENEWAL REQUESTS APPLICANT: Greeley Elks Lodge 4809 2809 35th Avenue Greeley, CO 80634 TYPE OF LICENSE: Club License SHERIFF' S REPORT: Sheriff ' s Office has been notified. HEALTH DEPARTMENT REPORT: The 1986 Food Service Licenses have not been issued. They will starting coming in around mid-December. COUNTY OF MELD PPL_C_ TIOFOR MALT, VINOUS AND ` T 7 -_ _ _,_-__„ti -.AL- , V_- .OLS PI3L.OLS LIQUOR T ICENSE "O THE BOARD OF CO::.._ CO!CCSS=OCRS OF 'riBLD COUNTY , COLORADO Theundersigned hereby flakes application for a County Malt, Vinous and Sniritous Liquor License. - o 1. Name of Aoolicant (s) .Seneu¢leJ µ 'o .A" /r" order o ,�//�s r` /} G 63/ 2 . Home Address of Applicant (s) �ed 7 3_5 �ve. lam+- ee%y do b� 3 . Trade Name Same - 4 . Business Telephone 3 30 -- 3s5 7 S . Home Telephone `Weer (s)E . Business Address c,2 ,eQ 9 35713 4ve_ gN ce/mss/ CoJ 1, o OGG3 7 . If Partnership, give names of partners; if a Corporation ,/or/ Club, give names of principal officers NGrr2/ C , �AO, /OSox ,J cylACd EuI�h� Loki-e DtInSON , 4e4dI f Id(�•y�{ j /c ,c�a d �. STa �rc J(2C,) CI)/de (v;l( r'anc) �t-1* o Type of license (circle) Retail Liquor Store Tavern License Restaurant License Extended Hours Liquor Licensed Drug c: lum Licens9 Arts License Race Track License (check one) For Sales for consumption OFF the premises of licensee only. .x For Sales for consumption ON the premises of licensee only. • For Sales for consu:_rtion ON and OFF the premises of licensee. 9 . Is establishment managed by other than licensee? /vn If so , give name: i0_ EY_?ACT LOCATION OF PREMISES _ Give street and number, Lot and Block number or Range, Township and Section (if possible give cuarter of Section) . 02g 35th Nnye . , ()..ce/ey - Prl 047 1.1GH1-f he4s1pgjCr o'T? Scc4, / 23 ' 1 . Do you have legal possession of the premises for which this application for license is made? \/e 72. Are the premises awned or rented? ' �lvn 2 if rented, from whom? _3 . State nature of business conducted: rra-leu-hq / 4 . If restaurant, state whether other business is conducted except sale of food, meals, drinks and to-maccos : 11/A If clu},, state whether ctereting for7 a national social , fraternal , patriot political or athletic nature: creihrh4 / .Sociq / _F If club, state whether the property and ad'vantaces. _Oz- club belong to - , . 1u state whether it is for cecuniary gain: -,✓" • • • Zs a^olio _.. all r JIMMEMIIMMIlirli aP _s, cr officers c_ the corporation or club a c;.tizen (s) of -..ajUn_te_ -t-_s? yes • Has aD7__cant (s) a state license for the sale of Malt, Vinous and S7irii Liquor? yQ S tots - - - Has applicant (s) ever been convicted of a felony? N0 If answer to cuestion 20 is. "yes" , give full details : . '2 . Has applicant been adjudged guilty acourtof laws coverinc the ��; of by record of violating the crevent_on gambling under the laws of the State . of Colorado, or under the laws of the United States? fie - • • 23 . If answer to cuestion 22 is "yes" , y give full details: • 24 . Will applicant (s) permit any wholesaler or manufacturer to be interested' n -esred financially by loan or otherwise, in applicant ' s business? $Jp -- . If answer to cuestic n 2 4_ is "yes" , give v , 1 _ e full details: • • - '.5 . rail , atolicant (s) use any ecuipment, chattles , decorations or - fixtures, chatt�es furnishings supplied or loaned by any manfacturer or wholesaler? 2? . If answer to cuestion 26 is "yes" , explain: • ,he applicant hereby agrees, if license is issued for sale of Malt, Vinous or • 3piritous liquor, as herein requested, the place of business used therefor:ill be conducted in strict conformity with all laws of the State of Colorado , _::c the rules e and .. _ S a .. re C,;la _1Cn5 Cr the Board of County Commissioners of Weld :ou n V v, Colorado, relating thereto, er e t y and s� _ - - a_... env conviction of of _aws , - rulesand/or regulations shallv violations � ` n further cause for revocation of _ • < _ Jithouz further hearing thereon . The ant (s) further agrees that he, e (they) has full knowledce cf the aforesaid state culations existing t laws and Board rules and the date of this application and agrees he, she (they) :ill keep advised as to`all subsequent state law, Board rules and regulations, :hat may be hereafter passed relating er thereto during the tern: of said license. )144 At. , applicant (s) ."'yTE OF COLA ADO) - =J*1TY OF WELD ) ss ≥22-417at `je being first duly sworn on oath, desooses and ays: Thas/have.a he, she (t',:ev) is/are the applicant (s) above named: That he _. e_ ) read the aboveand she �o� foregoing application and the answers made :hereto, and well knows the contents hereof, and that the answers made to the - -terracatories therein set forth are true to his, her (their) own knowledge. Applicant (s) 'scribed and sworn before me this,:A . ` p of ! l -e nioisic , A.D l. ps- -- 9 /O1:2foL2 fazi 777O/y -:r-cputv CountyC.le_K '; PS Form 3800. =eb. 1982 x U.S.G.P.C '-" ---A --,t -' cm E—= s 0 c' (D ca g g 9 _. S c1 u1 ft 43, o _ m n.' oa a o O 'LY O o a r O °' v �J z wl , 'o it " 114. zT O ti] F. o .< o .7 0 ,-O m 33 , l a e- o_ m ' W Nrt so O I ▪ O_ -5 ,� nm m r ▪ 0 om ON f�' ti r 9 _0 [ -> n F W sr'�f q f^A .- _ to .f O tJ 0 o- Ti ('t '� (D ,o R. ..Q C A C O Q t ! u 0 274 i.n [ r F- ,S - / 1d133311 NNIl13tl 311S3$OO�J'�' �! /Z/y -�/" Mtn MK APT"use WmA sa 1 1t ., x mxa oa ru�(��'�❑ ?� � � v (� " r g': lggia3 • o • — — m x 0 < � p t--, qe 2, y a o ]$. a < Lnrt0 s . g z o C D- � ern Q $ t Y e g w 7 C: R• s ma _ a $'$ fire od ❑a ° oro ° �$'8'11'a3 r ,$ • y[ o g c3 r-' r` m. .m .�. _I g - S L� i : N. ^. c^ X a 17• 81 -4:al . --z ru . J r /gy4y p ^ 2 O a -, E,c -p _ m �� c 'C o as 3.et_ e ta R JS•, a ...C.3 4.1 _ gIt a: I TREASURER'S OFFICE,WELD COUNTY j ; (\� � � 4950 Greeley Colorado. . . . .; ..Q..&__ `, 19 C RECEIVED 0F. . .QL . n 77 . } . . .�_ '/"`�'� S $ � n FOR . .414- I j EMT y� County General Fund 101 0000 F A (%) LOC O O L Health Department 119 0000 1 Human Resources 121 0000 Social Services 112 0000 Old Age Pension 113 0000 Road & Bridge Fund 111 0000 North Colorado Medical Center 172 0000 County Clerk Cash Escrow 810 0803 f Fee Fund 900 0912 School District Gen Fund i School District C R F .} ! School District Bond Fund � FRANCIS M. L0USTALET ` \ l - TOTAL AMOUNT /^r- -, County Treasurer Clerk � [S/J �' l I • RESOLUTION RE: APPROVE PURCHASE OF USED STEEL BEAMS 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 Director of Engineering has submitted a request that the Board approve the purchase of 5 - W 36 x 150 used steel beams from Big R Manufacturing and Distributing, Inc. , Greeley, Colorado, at a cost of $17.88 par 100 weight, for a total cost of $8 ,582 . 00 , and WHEREAS, after review, the Board deems it advisable to approve the purchase of said used steel beams. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the purchase of the hereinabove described used steel beams from Big R Manufacturing and Distributing, Inc. be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 23rd day of • December, A.D. , 1985 . " ^ BOARD OF COUNTY COMMISSIONERS ATTEST: t WELD COUNTY, COLORADO Weld County C&erkand Recorder n .,. ,_ 1 _ • and Clerk to the Board J.;cqu ine nson, Chairman EXCUSED BY: ! ma�yy,, /") Gene R. Brantner, Pro-Tem Deputy- Count Jerk /e APPROVED AS TO FORM: C.W. Kirby' ~ "--72 EXCUSED_pyGordon E. Lacy `Cot lJ Arney a RESOLUTION RE: APPROVE CONTRACT WITH STATE DEPARTMENT OF HIGHWAYS FOR HIGHWAY SAFETY 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, Federal funds have been received by the State Department of Highways to implement the 1986 Highway Safety Plan, and WHEREAS, the Weld County District Attorney' s Office has been designated to act as the local agency in this area to enforce said Highway Safety Plan, and WHEREAS, the Board of County Commissioners has been presented with a Contract from the State Department of Highways, which shall be in effect from January 1 , 1986 , through December 31 , 1986 , with the further terms and conditions being as stated in the Contract, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it advisable and in the best interests of the citizens of the County to approve said Contract_ NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract with the State Department of Highways for the 1986 Highway Safety Plan be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Weld County District Attorney' s Office be designated to act as the local enforcement agency in this area. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Contract. Page 2 RE: HIGHWAY SAFETY PLAN The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of 4 December, A.D. , 1985. ' BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder ` and Clerk to the Board J: cqu ne J n on, Chairman BY: 2Ci^y+ f/ _ 2 EXCUSED /Q/ , i , C Gene R. Brantner, Pro-Tem Deputy County erk :*APPROVED AS TO FORM: C.W."Kirby EXCUSED Gordon E p G C`oun Attorn y Pei) a amagug i AV; /a- _rte; t D.9 :. Form 6-AC 02A DEPARTMENT OR AGENCY NUMBER I CONTRACT ROUTING NUMBER CONTRACT THIS CONTRACT, made this day of 19 _, by and between the State of Colorado for the use and benefit of the Department of -t Highways . Division of Highway Safety hereinafter referred to as the State, and '2 Weld County. Centennial Center. 915 Tenth Street (P.0. !lox 1167) . Greeley. Colorado 2063? hereinafter referred to as the contractor, WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number G/L Account Number , Contract Encumbrance Number ;and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State has received approval and funding for implementation of its FY' 86 Highway Safety Plan (HSP) from the U. S. Department of Transportation, National Highway Traffic Safety Administration and Federal Highway Administration; and WHEREAS, the HSP contains programs and activities designed to reduce traffic crashes or improve the operational efficiency of existing programs; and WHEREAS, the State is responsible for the overall administration of the HSP; and WHEREAS, certain programs and activities in the HSP can only be accomplished by other State and local agencies; and • WHEREAS, the State determines which agencies would be helpful in meeting the objectives of the HSP; and WHEREAS, the Contractor has the technical ability to properly complete the objectives and activities per Attachment A to this Contract; and WHEREAS, it has been determined no State agency can reasonably provide the services required of the Contractor; and WHEREAS, this Contract is executed by the State under authority of Section 24-42-101, C.R.S. and is executed by the Contractor under authority of formal resolution adopted by the Board of County Commissioners. NOW THEREFORE, it is hereby agreed that: 1. The Contractor shall conduct the activities necessary to • accomplish the objectives of this Contract which are contained in Attachment A which is incorporated herein and made part hereof by reference. 2 . The Contractor shall comply with the administrative requirements contained in the Colorado Highway Safety Contract Management Manual, which is in effect at the - time this Contract is approved, incorporated herein and made part hereof by reference. 3 . The Contractor shall provide to the State the necessary data for monitoring contract objectives/activities. Attachment A, page 2 of this Contract identifies the necessary data elements for monitoring and evaluation. 4 . The total amount of this Contract is $64, 625.00 with State and Contractor participating as follows: 39553-01-1014 Page I ofA_pages •(See instructions on reverse of last page.) A. The State shall reimburse the Contractor for the accomplishment of this Contract with funds available under the Highway Safety Act, Title 23 . U.S.C. Section 402 . Total amount of 402 funds shall not exceed $40, 854 .00. Budget detail is contained in Attachment A. B. The Contractor shall contribute approximately $23,771.00 toward the accomplishment of the objectives of the Contract. Budget detail is also contained in Attachment A. 5 . The term of the Contract shall begin on January 1. 1986 and terminate on December 31, 1986 . 6 . The Contractor agrees that any subcontracts entered into under this Contract must be approved by the Director. Division of Highway Safety prior to execution. 7 . To the extent authorized by law the Contractor shall indemnify and hold harmless the State against any and all claims, damages. liability and court awards including costs, expenses and attorneys fees incurred as a result of any act or omission by the Contractor, or its agents. subcontractors, or assignees pursuant to the terms of this contract. • • Page 2 of 4 pages Form 6-AC-02B SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1, This contract shall not be deemed valid until it shad have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year arc contingent upon funds for that purpose being appropriated. budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,main- tenance,or improvement of any building,road,bridge,viaduct,tunnel,excavation or other public works for this State.the contractor shall,before entering the performance of any such work included in this contract.duly execute and deliver to and file with the official whose signature appears below for the State,a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract.Such bond shall be duly executed by a qualified corporate surety,conditioned for the due and faithful performance of the contract. and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any labor.materials,team hire. sustenance, provisions. provendor or other supplies used or consumed by such contractor or his subcontractor in perfor- mance of the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is executed. delivered and filed,no claim in favor of the contractor arising under this contract shall be audited.allowed or paid.A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26-106 CRS. as amended. MINIMUM WAGE 4. Except as otherwise provided by law,if this contract is in excess of one hundred fifty thousand dollars and requires or involves the employment of laborers or mechanics in the construction,alteration or repair of any building or other public works (except highways-highway bridges-underpasses and highway structures of all kinds or contracts for any purpose to which the state department of highways or the chief engineer is a party)within the geographical limits of the State,the rate of wages for all laborers and mechanics employed by the contractor or any subcontractor on the building or other public works covered under the contract shall not be less than the prevailing rate of wages for work of a similar nature in the county,city and county.or municipality of the State in which the building or other public works is located.The prevailing rate of wages and the resolution of any disputes resulting therefrom shall be as prescribed by 8-16-101 CRS. as amended. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957. as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-402, CRS 1982 Replacement Vol.).and as required by Executive Order,Equal Opportunity and Affirmative Action,dated April 16. 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts. During the performance of this contract. the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion,ancestry, mental or physical handicap,or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment,without regard to the above mentioned characteristics.Such action shall include, but not be limited to the following: employment, upgrading. demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations:rates of pay or other forms of compensation;and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion,ancestry,mental or physical handicap,or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's committment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations,and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975,and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books,records,and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of race,creed, color,sex,national origin,or ancestry. (6) A labor organization, or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder;or attempt,either directly or indirectly,to commit any act defined in this contract to be discriminatory. 395-53-01.1022 page 3 of 4 pages • Form 6-AC-02C (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules_regulations,or orders,this contract may be cancelled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16. 1975 and the rules,regulations,or orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative Action of April 16,1975,or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (8) The contractor will include the provisions of paragraph (1) through (8) in every sub-contract and sub- contractor purchase order unless exempted by rules, regulations,or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16,1975,so that such provisions will be binding upon each sub- contractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non- compliance;provided,however,that in the event the contractor becomes involved in,or is threatened with,litiga- tion with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6. Provisions of 8-17-101,& 102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpreta- tion, execution and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,defense or otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution_ 8. The signatories hereto aver that they are familiar with 18-8-301,et.seq.,(Bribery and Corrupt Influences)and 18-8- 401, et. seq., (Abuse of Public Office). CRS 1978 Replacement Vol., and that no violation of such provisions is present. 9. The signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. WELD COUNTY, COLORADO STATE OF COLORADO RICHARD D. LAMM, GOVERNOR (Full Legal N By •5 EXECUTIVE DIRECTOR. Contractor By: DEPARTMENT Highways Position (Title) CHAIRMAN OF 34-6000-813 C0RDELL SMITH, Director Social Security Number or Federal ID.Number Division of Highway Safety (lf Corporation:) ATTEST: Attest: (Seal) "Irna llefr; By 0�4f Chief Clerk Secretary 0epu _ Count APPROVALS Y Clerk ATTORNEY GENERAL CONTROLLER By By 395-53-01-1030(Rcv 8/84) Page 4 which is the last of _4 pages 'See instructions on reverse side. .DIVISION OF HIGHWAY SAFETY OBJECTIVE PLAN State PsLyLdus: Public ways Responsible Agency: Weld County D.A. State Sub-ProyLd. : Highway Safety Project coordinator: Stanley C. Peek Agency Problem Solution Plan: Reduce Contract Period: 1/1/86 - 12/31/86 Alcohol Related Crashes Project Period: 1/1/86 - 12/31/86 Project .# 16-86 HSP# 86-01 Task 4: 12-01.5 Deputy District Attorney. To improve the efficiency and effectiveness of DUI prosecution and increase DUI conviction rate by 5%, and participate in local public awareness activities by 12/31/86. Task . Activity es-r ption Activity 12-01.5-1 Employ full-time deputy district attorney to prosecute alcohol and other drug related traffic offenses , assist in informing other prosecutors on staff of latest techniques in DUI prosecution, and participate in community DUI awareness activities , through 12/31/86. • 12-01.5-2 Provide all prosecutors on staff with current information and case law pertaining to alcohol/drug related traffic offenses , utilizing resources such as the Colorado District Attorney's Council , through 12/31/86. 12-01.5-3 Participate in four seminars/meetings to inform public of DUI law and consequences of DUI/DWAI conviction , by 12/31/86. _ 12-01.5-4 Assist in training local law enforcement officers on DUI case preparation and court presentation, through 12/31/86. 12-01.5-5 Increase DUI conviction rate 5% over 1985, by 12/31/86. 12-01.5-6 Develop panel presentation on DUI prosecution with highway safety funded ' deputy district attorneys in Pueblo and Boulder, for the 1986 annual conference sponsored by the Colorado District Attorneys Council , by 10/31/86. • DRS-23a Attachment A , page 1 1/84 • • EVAL ATTON DATA CEART Project 4 16-86 HSP# 86-01 Task # 12-01.5 Task i I Activity r ACISVITY DESCRY ON I TYPE OF R RT MAR= a TM:a22= , 112-01.5-1 Was full-time deputy D.A. employed to Administrative Quarterly/Final prosecute alcohol/drug related traffic offenses and perform other project tasks. a. Provide name of deputy D.A. , training background and experience. 12-01.5-2 Was current information on DUI case law Administrative Quarterly/Final and prosecution techniques provided to staff prosecutors? a. Describe information provided. J 12-01.5-3 Did a representative from D.A. 's office dministrative Quarterly/Final participate in public meetings to provi e t information on DUI law and convictions? a. Provide date, location and sponsoring organization for each public meeting. ,' b. Provide copies of any newspaper articles or descriptjon of television coverage. 12-01.5-4 Was assistance provided in training Administrative Quarterly/Final local law enforcement officers on DUI case preparation and court presentation? 12-01.5-5 Provide data from 1983, 1984, 1985, and Performance Quarterly/Final current year on DUI/DWAI case filings and dispositions, including original charge, plea downs, dismissals , and deferrals, to determine changes in filings and dispositions. 12-01.5-6 Was panel presentation developed and Administrative Quarterly/Final presented at annual conference? a. Provide synopsis of presentation including copies of any handout materials. • DES-23B 8/78 Attachment A page 2 20 Pro 1 FINANCIAL BUDGET • ec: - 16 86 HSP= 86-01 • TOTAL PROJECT COSTS I. Task Total Cost Source of Distribution of Funds OHS Funds DHS (Benefit of) State Local Other State Local 12-01.5 $64,625 $40,854 $23,771 $40,854 I( . • BUDGET ALLOCATION Category DHS Agency MO Share • Total i DHS Share Personal Services 540,604 $16,638 $57,242 d Operating Expense -0- 7,133 71% 29% 7,133 Travel Expense 250 -0- 100% -0- 250 100% Capital Equipment -0- -0- -0--0- -TOTAL BUDGET -0' $40,854 $23,771 $65,625 elilleal DHS-23C 5/83 Attachment A , page 3 1 RESOLUTION RE: APPROVAL OF MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND WEST GREELEY SOIL CONSERVATION DISTRICT AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZATION FOR CHAIRMAN TO SIGN THE SAME 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 Memorandum of Agreement between Weld County, Colorado, and West Greeley Soil Conservation District as a recipient of Weld County General Fund monies has been presented to the Board of County Commissioners of Weld County, Colorado, a copy of said Memorandum of Agreement is attached hereto and incorporated herein by reference, and WHEREAS, West Greeley Soil Conservation District has been awarded the sum of $3 ,025 .00 from Weld County General Fund monies, which monies are for the purpose of providing clerical support to soil conservation activities in Weld County, and WHEREAS, the contract period shall be from January 1 , 1986 through May 31 , 1986 , and WHEREAS, the Board of County Commissioners deems it advisable and in the best interests of Weld County to approve said Memorandum of Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Memorandum of Agreement between Weld County, Colorado and West Greeley Soil Conservation District as a recipient of Weld County General Fund monies be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman of the Board of County Commissioners of Weld County, Colorado, be, and hereby is, authorized to sign said Memorandum of Agreement. II Page 2 RE: MEMORANDUM OF AGREEMENT - GENERAL FUND MONIES The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO cki Jo n o Chairman ATTEST: 1" EXCUSED Weld County Clerk and Recorder Gene R. Brantner, Pro-Tem and Clerk to the oard # By: �, f1/ C. W. Kir y Deputy Count Clerk EXCUSED APPRO D PAS TO FO Gor' Lacy i _ D/ r Y 2r- (1-171,1417‘ uch County A t rney Frank Ya guch • MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into on this, the 23rd day of December, 1985 , by and between Weld County, hereinafter referred to as "Weld" and West Greeley Soil Conservation District, hereinafter referred "Contractor" , the parties agree as follows: Commissioners of t^;eld WHEREAS , the Board of County Comm Soil Cons of Wld County, Colorado, has awarded West Greeley District a sum of $3 ,025 .00 in Weld County General Fund monies to perform clerical support for soil conservation in Weld County, and WHEREAS, the parties hereto are desirorous o soof f0ing alining • an Agreement for the express purpose of p lerical support for soil conservation activities in Weld County, and WHEREAS , to implement these goals , the parties desire to establish an agreement for the use Weld clericalCounty General rt Fund monies for the purpose of performing for soil conservation activities in Weld County. NOW, THEREFORE , in consideration of the premises stated herein, the parties hereto agree as follows: 1 . The purpose of this Agreement is to General establshmonies withinof Weld CountY an agreement for the use Soil Conservation District. the West Greeley 2 . CONTRACT PERIOD will be from January 1 , 1986 • through May 31 , 1986 . "Contractor" 3 . COMPENSATION: "Weld" agrees to pay for services performed hereunder at the rate of i$1 ,815 for the first quarter, and $1 ,210 for the remaining portion of the second quarter. 4 . The total amount paid by "Weld" to "Contractor" under this Agreement shall not exceed the sum of $3 ,025 .00 . 5. "Contractor" assurethaawaretof as recipient General sneral Fund monies , it is fully the restrict State and requirements of the regulations and app Local law provisions. or" assures that as a recipient of General 6 . "Contractor" spend the funds in accordance with the• Fund m lawsea, it proceduresgovern the expenditures of its same laws and that own funds. maintain 7 . "Contractor" assures that it will sufficient records and an accounting system and internal control procedures adequate to permit the tracing of the funds to a level of expenditure which clearly demonstrates that the funds were used in compliance with the regulations of State and Local law. 8 . "Contractor" agrees that it is an independent Contractor and that its officers and employees do not become employees of "Weld" nor are they entitled to any employees' benefits as employees of "Weld" as a result of the execution of this agreement. 9 . "Contractor" shall indemnify "Weld" , its officers and employees against liability for injury or damage caused by any negligent act or omission of any of its employees or volunteers or agents in the performance of this agreement and shall hold "Weld" harmless from any loss occasioned as a result of the performance of this contract by "Contractor" . The "Contractor" shall provide necessary worker's compensation insurance at "Contractor' s" own cost and expense. 10 . "Contractor" may not assign or transfer this agreement, any interest therein or claim thereunder without the prior written approval of "Weld" . 11 . Payment to "Contractor" will be made only upon presentation of proper claim by "Contractor" subject to the approval of "Weld" that services have been performed. 12. "Weld" shall have access to "Contractor' s" financial records for purposes of audit. Such records shall be complete and available for audit 90 days after final payment hereunder and shall be retained and available for audit purposes for two years after final payment hereunder. 13 . "Weld" may terminate this agreement at any time by giving "Contractor" a ten-day written notice of such sooner termination and may be terminated at any time without notice upon a material breach of the terms of this agreement by "Contractor" . 14 . No alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto. 15 . The "Contractor" assures that it will comply with all Federal and State laws including, but not limited to, Title VI of the Civil Rights Act of 1964, and that no person shall, on the grounds of race, color, creed, sex or national origin, be excluded from participation in, or be denied the benefits of, or otherwise be subjected to discrimination under this agreement. • • 16. Any equipment acquired from funds covered by contract shall remain the property of "Weut the ld" , this shall have full use of the equipment trforbso long as the "Contractor" continues to function at its current capacity in Weld County, Colorado.IN executed WINEagreementSWHEREOF, the p above named have parties o on the 23rd day of December, 1985_ BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld Countyerk and Recorder and Clerk to the oard �vnazr n i By: 4 Deputy Colin__ Clerk C � contractor By: RESOLUTION RE: DENIAL OF RECORDED EXEMPTION NO. 816 •- FRED GUILDNER AND • WILLIAM EOXIE 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 request for Recorded Exemption No. 816 was submitted by Fred Guildner and William Hoxie for property located in part of the N1 NWe, Section 23 , Township 2 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, this request was to divide the property into parcels estimated to be approximately 2 acres and 46 acres, and WHEREAS, after viewing the evidence presented and hearing the testimony of those present, and having reviewed the recommendation of the Weld County Planning staff, the Board deems it advisable to deny said request. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request for Recorded Exemption No. 816 be, and hereby is denied for the following reasons: 1 . The applicant has not demonstrated that the proposal is consistent with the intent of the Agricultural Zone District, nor does it comply with minimum lot size requirements. The maximum lot size in the Agricultural Zone District is 80 acres for irrigated land and 160 acres for dryland. The existing 47 . 63 acre parcel was part of a landsplit recorded in 1974 (Lot B, Recorded Exemption 121) creating a residential home site on Lot A. Sufficient justification has not been given to warrant exempting another lot at this time. 2. The applicant has not demonstrated that the proposal is consistent with efficient and orderly development. The subject site is 2.5 miles from an incorporated municipality and is surrounded by parcels which are 40 acres or larger in size. Robert Crumb, the Director of Public Works of Fort Lupton has indicated that this proposal is located beyond their service plan area and could not be served by the town. The creation of additional small parcels at this location does not represent prudent planning for the future. Page 2 RE: DENY RE 4816 - GUILDNER AND HOXIE • The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D. , 1985 . ATTEST: �' -{- BOARD OF COUNTY COMMISSIONERS Q.cv ±ecusa WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board %acq% ine o'.nson, Chairman EXCUSED BY: Gene R. Brantner, Pro-Tem Deputy , oun y • erk ,D / • APPROVED AS TO FORM: C.W. Kirby 7 U EXCUSED DATE OF SIGNING - AYE 1 l�C��2 v vU�\ Gor ;icy Count///y Attor eyG,,"_ Puma chi • AR2037n53 ORDINANCE NO. 9-D IN MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS AND ADDITIONS, OF CERTAIN SECTIONS, TO THE INDIVIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS, ORDINANCE NO. 9-A, AS AMENDED BY ORDINANCE NOS. 9-B AND 9-C BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and co o WHEREAS, the Board of County Commissioners has the power and o authority under the Weld County Home Rule Charter under Article p 10 , Title 25 , CRS, to adopt individual sewage disposal system c) regulations for all areas of the County of Weld, and CD (4 WHEREAS, the Board of County Commissioners of Weld County, o Colorado, has previously adopted Ordinance No. 9, with subsequent o x re-enactments and amendments, the Weld County Individual Sewage t/ Disposal System Regulations, establishing a comprehensive set of • rules and regulations pertaining to individual sewage disposal ci systems, and w in IX WHEREAS, the Colorado Department of Health guidelines for t0 individual sewage disposal system regulations have undergone certain changes since passage of Weld County Ordinance No. 9-C, W and, the Colorado Department of Health, Planning and Standards c▪oo Section, Water Quality Control Division, is currently reviewing z these amendments to determine compliance with the current \ ' guidelines, and N E+ I-I CO WHEREAS, the Weld County Board of Health will review this w matter on November 26 , 1985 , to provide recommendations to this m a] Board prior to the second reading of this Ordinance, and o G. crn z WHEREAS, this Board finds and determines that the adoption of N < the amendments , deletions and additions to the Individual Sewage • Disposal System Regulations is in the best interest of the health, w safety, and welfare of the citizens of the County of Weld. cz M NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that the following �o ri provisions of the Weld County Individual Sewage Disposal System m w Regulations, Weld County Ordinance 9-A, as amended by Weld County Ordinance 9-B and 9-C, be repealed and re-enacted, with r-- r • Page 2 RE: ORDINANCE NO. 9-D amendments, repealed or added as shown in "Attachment A" , a copy of which is attached hereto and incorporated herein by reference. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held or decided to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion. The Board of County Commissioners hereby declares that it would have passed the Ordinance, and each and every section, subsection, paragraph, sentence, clause and phrase thereof irrespective of the fact that any one or more section, subsection, paragraph, sentence, clause, clause and phrase might be declared to be unconstitutional and MO invalid. 0 This Ordinance shall become effective January 1 , 1986. N V q The above and foregoing Ordinance No. 9-D was, on motion duly w made and seconded, adopted by the following vote on the 23rd day c> :?- of December, A.D. , 1985 . ox vJ k: BOARD OF COUNTY COMMISSIONERS ATTEST: ` O '/�/� t \1Y 1V,Y4Y 1Q-u¢ jrat. elksImi WELD COUNTY, OLORA w Weld .County C erk- and Recorder o x and C1erk .to the Beard acqu ne Jo son, Chairman .. o ..roe. ._.•(Nr\i �"I � _ EXCUSED w BY: y Gene R. Brantner, Pro-Tem m Dep}�L u�t 'Clerk tif N• H APPROVED AS TO FORM: C.W. Kirbf N E+ EXCUSED a Gordy E. La y o w .P `G / /At ' (ne't'/lrf/�f/1-� //i1) o w (1p,� County Atto ey 7�/,[/ m z Frank Yam i oz N < O o >1 First Reading: November 25 , 1985 a Published: November 28 , 1985 , in the Johnstown Breeze m to Second Reading: December 9 , 1985 o to Published: December 12 , 1985 , in the Johnstown Breeze Final Reading: December 23 , 1985 Published: December 26 , 1985 , in the Johnstown Breeze Effective Date - January 1 , 1986 ATTACHMENT A SECTION II is repealed and re—enacted to read as follows: co O 0 m 0 U SECTION II: DEFINITIONS: The following definitions shall apply in the o W interpretation and enforcement of this Regulation. The word Q "shall" as used herein indicates a mandatory requirement. o x ▪ p 2. 1 Absorption System: a leaching field and adjacent soils or other system for the treatment of sewage in an individual sewage disposal system by o means of absorption into the ground. �n m 2.2 Absorption Trench: one or more trenches not over three (3) feet in width N and of varying length and depth in which sewage effluent is percolated rig into the soil. rz in I-1 W U 2.3 Acceptable Design: a standardized design of tank, plant or system, the 2 installation of which is permitted by the Department, provided that site N H requirements are met. N E 2.4 Aeration Plant: equipment or devices for the aerobic treatment of m sewage. in W o 44 2.5 Aerobic Sewage Treatment System: an individual sewage disposal system z employing biological action which is maintained by the addition of air or z N < oxygen. 0 W Z 2.6 Analytical Parameters: aZ rnun of m k. 1. A. Temperature (T) : The measure of the thermal state of substance with respect to Its ability to communicate heat to its environment reported as degrees Centigrade (C) . B. Suspended Solids (SS) : solids in the sewage that can be removed readily by standard filtering procedures in a laboratory reported as milligrams per liter (mg/1) . C. Volatile Suspended Solids (VSS) : the quantity of solids in sewage which are lost on ignition of the dry suspended solids at 600°C. reported as percent of total suspended solids. D. Settleable Solids: solids in the sewage which will settle, as distinct from remaining in suspension reported as milliliters per liter of sample after 30 minutes of settling time (ml. 30 min.) . E. pH: the logarithm of the reciprocal of the hydrogen ion concentration. 0o O - U F. Dissolved Oxygen (DO) : the oxygen dissolved in sewage reported as milligrams per liter (mg/1) . c 0 U G. Chemical Oxygen Demand: is the measure of the oxygen equivalent of that portion of organic matter that can be oxidized by a strong 0 W chemical oxidizing agent and reported as milligrams per liter 0 (mg/1) . 0 0: {n H. Five Day Biochemical Oxygen Demand (BOD ) : the quantity of oxygen O used in the biochemical oxidation of organic matter in five days at 20° C under specified conditions reported as milligrams per liter ,n % (mg/1) . 0 ca 2.7 Applicant: any person who submits an application for a permit for an individual sewage disposal system. co U 2.8 Approved: official consent given in writing by the Department. 2 W 2.9 Bedrock: the more or less solid undisturbed rock in place either at the (NE surface or beneath surficial deposits of gravel, sand, or soil or a consolidated rock formation of impervious material which may exhibit en p jointed, fractured, or deteriorated characteristics. in w ow m 2 2.10 Board of Health: the Board of Health as designated by the Board of 0 2 County Commissioners of Weld County, Colorado. N FC O N 2.11 Building Sewer: that part of the piping of a drainage system which W a extends from the end of the building drain and which receives the a discharge of the building drain and conveys it to a public sewer, private 10 10 sewer, individual sewage disposal system or other point of disposal. C\ o2n r4 2. 12 Cesspool: a covered underground receptacle which receives untreated m sewage from a building and permits the untreated sewage to seep into surrounding soil. 2 2. 13 Cistern: a water-tight covered receptacle of non-toxic materials which is designed for storage of potable water. 2. 14 Competent Technician: an employee of the Department who is able to conduct and interpret the results of a site evaluation. 2. 15 Component Parts: all physical, mechanical and electrical components of an aeration plant. 2. 16 Composting Toilet: a unit which consists of a toilet seat and cover over a riser which connects to a compartment or vault that contains or will receive composting materials sufficient to reduce waste by aerobic decomposition. 2. 17 Contact Basin: a water tight receptacle used for the retention of effluent for a specified length of time so that required biological or chemical action can occur. 2. 18 Department: the Weld County Health Department 2. 19 Dispersal System: a system for the disposal of effluent, after final co 0 treatment in an individual sewage disposal system, by a method which does o not depend upon or utilize the treatment capacity of the soil. 2.20 Distribution Box: a water-tight chamber below the outlet level of a ❑ septic tank or treatment unit and from which effluent enters the absorption system. o w c) ?-- • o a 2.21 Division: the Division of Health Protection Services, Weld County Health tire: Department. OU 2.22 Dosing Tank: a tank which provides for a high rate, periodic discharge w of effluent. in m tz 2.23 Effluent: the liquid waste discharge from an individual sewage disposal N c-1 X system. A • .a 2.24 Environmental Health Specialist: a person who is trained in physical, co U biological and sanitary science to carry out inspectional and educational 1° 2 duties in the field of environmental health. N N .Naci1 2.25 Evapotranspiration System: a type of dispersal system that wholly or primarily utilizes liquid evaporation or transpiration by vegetation as a en a means of effluent disposal. �n W o • 22 2.26 Experimental System: a new device or design in which further testing is N Q required in order to provide sufficient information before acceptance. U a 2.27 Food Chain Craze those crops grown for table use which includes onions, wm potatoes, and salad vegetables. This does not include wheat, corn, barley, or other grains. 1/4Or al u7 o u7 2.28 Geologist: a Professional Geologist as defined in 6-5-102, CRS 1973. go 44 3 2.29 Groundwater Table: the upper surface of ground water in the zone of saturation of a geologic formation. 2.30 Health Officer: the chief administrative and executive officer of Weld County Health Department or other representative as designated by the Board of Health or Board of County Commissioners of Weld County. 2.31 Holding Tank: a water—tight receptacle for the retention of sewage either before, during or after treatment. 2.32 Individual Sewage Disposal System and the terms "System" and "I.S.D.S.": a system or facility for treating, neutralizing, stabilizing or disposing of sewage which is not a part of or connected to a sewage treatment works. 2.33 Lift Station: a device used for the vertical lifting of effluent to the required horizontal level of either the absorption field or septic tank. co O 2.34 Limiting Zone: any soil horizon in the soil profile or underlying strata r-tv which prevents the soil from acting as an effective filter of organisms co and suspended solids from effluent, and shall include seasonal and %o perched water tables, determined by direct observation or by observation Ca of salts, chemically reduned iron expressed as mottling or gleying; al bedrock with impermeable, slowly permeable, or fractured strata; and o o excessively coarse sands and/or gravels. ow 2.35 Liner: a water-tight membrane liner of at least 0.01 meter (10 a millimeters) thickness which is used to prevent effluent from entering Uthe soil or groundwater table. Material shall be polyvinyl chloride or material of equal integrity. x 0 •- w 2.36 Manufacturer: the person or firm that constructs or assembles individual et w sewage treatment system components. �n a 2.37 Matrix: the material in which effluent is dispersed for percolation or co capillary action. 1/4o2 N H 2.38 Mini-System: a system designed to accommodate wastes only from sinks, CO lavatories, tubs, showers or laundries.• o• W 2.39 Owner: the person who is owner of record for the land on which an o tv individual sewage disposal system is to be designed, constructed, oz installed, altered, extended or used. o No a 2.40 Percolation Test: a subsurface soil test at the depth of a proposed absorption system or similar component of an individual sewage disposal asystem to determine the permeability of the soil, the results of which are normally expressed as the length of time in which one inch of water 1D 0° is absorbed. cc, cm o tn 2.41 Permeability: the property of a material which permits movement of water o w through the material. 4 2.42 Permit: a permit for the construction or alteration, installation and use or for the repair of an individual sewage disposal system. 2.43 Person: individual, partnership, firm, corporation, association or other legal entity and also the state, any political subdivision thereof or other governmental entity. 2.44 Plot Plan: an accurate drawing or map indicating the dimensions, acreage, and location of property lines, buildings, wells, individual sewage disposal systems, water courses, geographical features and other pertinent information as required. 2.45 Privy: a structure allowing for the disposal of excreta not transported by a sewer and which provides privacy and shelter and prevents access to the excreta by flies, rodents or other animals. 2.46 Registered Professional Engineer: an engineer licensed in accordance with 12-25-11 CRS. 2.47 Sand Filter: a subsurface system which utilizes filtration or absorption co 0 or both, which contains an intermediate layer of sand as filter material. 0 r O 2.48 Seepage Bed: a type of soil absorption system dependent upon suitable o soil at a depth greater than that of an absorption trench or bed. and designed on the basis of sidewall area. a o • 0 3 2.49 Seepage Pit: a type of soil absorption system dependent upon suitable o z soil at a depth greater than that of an absorption trench or bed, and ur w designed on the basis of a sidewall area. 2.50 Se tae: the liquid and solid contents of aprimary facility. ' w P 8 q treatment o 2.51 Septic Tank: a water—tight, accessible, covered receptacle designed and N constructed to receive sewage from a building sewer, to settle solids •-4 a from the liquid, to digest organic matter and store digested solids through a period of retention and allow the clarified liquids to m c.) discharge to other treatment units for final disposal. N 1-4 2.52 Serial Distribution: an arrangement of absorption trenches, seepage pits N or seepage beds so that effluent is retained in each successive component before flowing into the succeeding component. W 2.53 Sewage: a combination of liquid wastes which may include chemicals, oo G+ house wastes, human excreta, animal or vegetable matter in suspension or en z solution, and other solids in suspension or solution, and which is c•4 discharged from a dwelling, building or other establishment. N o g 2.54 Sewage Treatment Works: a system or facility for treating, neutralizing, a stabilizing of sewage, which system or facility has a design capacity to receive more than 2,000 gallons of sewage per day, the disposal of which a, 1n is by means other than a subsurface absorption system. The term "sewage treatment works" includes appurtenances such as interceptors, collection w lines, outfall and outlet sewers, pumping stations, and related equipment. 5 2.55 Site Evaluation: the testing of soils and examination of the location of a proposed I.S.D.S. to determine the presence of, and limitations imposed by, the field percolation rate, limiting zone(s) , slope, and pertinent ground features; as performed by a competent technician or registered professional engineer. 2.56 Soil Horizon: a distinct layer of soil, gravel, cobbles, or bedrock, separately or in combination, approximately parallel to the soil surface with characteristics produced by soil—forming or geologic processes. 2.57 Soil Profile: the collection of all soil horizons and bedrock, from the surface of the ground to a depth of eight (8) feet or to bedrock, whichever is less, as exposed in a test pit or boring log. 2.58 Stabilization Pond: a reservoir or diked land which receives aeration plant effluent for final treatment or evaporation. 2.59 State Waters: any and all surface and subsurface waters which are contained in or flow in or through this state, except waters in sewage systems, waters in treatment works of disposal systems, waters in potable w water distribution systems and all waters withdrawn for use, until all r' 0 uses and treatment have been completed. 0 co 0 2.60 Suitable Soil: a soil which will effectively filter effluent by removal G of organisms and suspended solids before the effluent reaches any highly permeable earth such as joints in bedrock, gravels or very coarse soils 0 W and which meets percolation test requirements and has a vertical thickness of at least four feet beneath the bottom of the proposed Wabsorption trench or bed. O 2.61 Systems Cleaner: a person engaged in and who holds himself out as a specialist in the cleaning and pumping of sewage disposal systems and a removal of the residues deposited in the operation thereof. CV x 2.62 Systems Contractor: a person engaged in and who holds himself out as a specialist in the installation, renovation, and repair of sewage disposal in m U systems. co z 2.63 Uniformity Coefficient: the quotient of the grain size that is 40% coarser by weight than itself divided by the grain size which is 90% coarser (effective size) by weight than itself, mm 2.64 Vault: a water—tight, covered receptacle which is designed to receive Wand store sewage and is accessible for the periodic removal of its contents. mz o Z CV 4 2.65 Wastewater Pond: a designed pond which receives exclusively wastewater o a from a first stage treatment unit and which provides an additional degree W ,Q of treatment. CCE 0 0 2.66 Water Quality Control Commission: the Commission created by 25-8-201, rn 0 Lfl CRS. H r sa 6 SECTION 3.3 A(10) is amended to read as follows: 10. Street or road address of the property. SECTION 3. 3 B is repealed and re—enacted to read as follows: B. The maximum portion of the lot or building site that can be used for I.S.D.S. shall be twenty-five (25) percent unless a waiver has been obtained and approved by the Board of Health for experimental or water conservation methods. SECTION 3.3 C(4) is repealed and re-enacted to read as follows: 4. Any addition to a structure which will or is likely to result in increased sewage flow to an existing system shall require approval 00 O by the Department and may require expansion of the individual sewage disposal system or parts thereof. rn O C) SECTION 3.4 D is repealed and re—enacted to read as follows: o W D. The determination of the suitability of the site and of the proposed o design based upon the land use and population density in the area; o Z the use to which the property is to be put; the size of the lot; `� k depth verification of thesoil;p ground water table; suitable o limiting zone(s) ; and depth to bedrock; the location of the disposal system with reference to wells, streams, lake, ditches, structures, w and other geographical features. 0 • w N SECTION 3. 10 is repealed and re-enacted to read as follows: � X :o a m 2 3. 10 If upon final inspection of the system, the Health Officer finds it CN �j installed in accordance with these regulations and the permit, the Health Officer shall issue final approval for the completed system. If the system has been designed by or constructed under the supervision of a m a Registered Professional Engineer, the Department shall require that said o w engineer shall at this time certify, in writing to the Department, that r` construction and installation of the system has been completed in o z accordance with the terms of the permit and this regulation. If the inspection discloses any significant departure from the description or N design of the system as stated in the application and permit, or if any xaspect of the system fails to comply with this regulation, approval shall be withheld. Written notice of deficiencies causing the disapproval o ', shall be given the Systems Contractor. Another inspection shall be made o upon notification from the Systems Contractor that the deficiencies have been corrected and the system brought into compliance with this m [.4 regulation. 7 • SECTION 3. 17 C is repealed and re—enacted to read as follows: C. No individual sewage disposal system presently in use which does not comply with the provisions of this regulation regarding minimum separation between limiting zone(s) and the bottom of an absorption system shall be permitted to remain in use without compliance with this regulation. SECTION 3. 22 is repealed and re—enacted to read as follows: co 0 O o O 3.22 Regulations of Systems Cleaners: N U A. No person shall engage in the cleaning of sewage disposal systems or o w the transportation of septage to a disposal site unless he holds a 0 3 valid Systems Cleaner License. Employees of a validly licensed o cc Systems Cleaner shall not be required to be licensed. The initial co. w fee for a Systems Cleaner License shall be as set by separate ordinance by the Board of Weld County Commissioners. Licenses shall O on December 31 of each expire ', rV p year and an annual renewal fee, as set um) a by separate ordinance by the Board of Weld County Commissioners, o shall be charged. A license which lapses because of failure to w cv renew or is revoked shall be subject to the fee established for new • a license upon reapplication. m U B. Standard of Performance for Systems Cleaners , H cc' 1. A license holder, when cleaning a septic tank or aeration ni E plant, shall remove the liquid, solids, and scum, leaving no r' x more than three (3) inches depth of septage in a non-backflowing septic tank or aeration plant. In backflowing • W types of systems cleaning shall be effective in reducing solids o w and scum to the point of a near new system. MZ„ N < 2. A license holder shall maintain his equipment so as to insure that no spillage of septage will occur during transportation, N W and that his employees are not subjected to undue health • £ hazards. V) N Cr) VD 3. A licensed holder shall dispose of the collected septage only a In by the following methods. M w a. By disposal in a municipal sewage treatment collection system by agreement and approval of the plant manager or responsible party. b. By disposal at the site designated and recommended by the Board of Health and approved by the Weld County Board of Commissioners. c. By land application if applied in compliance with all of the following requirements. S 1. The licensed systems cleaner must make arrangements with the land owner to insure that all septage is incorporated into the soil by plowing or disking within twelve (12) hours of the time of application. 2. The licensed systems cleaner must make arrangements with the land owner or farm manager to insure that food chain crops shall not be grown within eighteen (18) months of the last application of septage. 3. Land application and subsequent tillage shall not conflict with regulations regarding the plowing of fragile grasslands. 4. Site requirements for land application. °,° 00 o a. Surface slope shall be 0 to 8 percent. 0 + O b. Septage shall not be applied in drainage areas ' i within one mile upstream of direct diversion of Ca surface water for public water supplies. o 0 3 c. Septage shall not be applied within 200 feet of surface water or an existing stream bed vrW including perennial or intermittent streams. O d. Septage shall not be applied within 100 feet of x a domestic water supply well. w e. Protection of groundwater - the seasonal high ground water table shall not be Within five (5) u, a feet of the surface of the land. coo Z 5. The licensed systems cleaner shall p :ovide the w Department a list of the legal descriptions of all land application sites utilized for disposal. This shall be provided monthly. oo w 4. Prior to the issuance of or renewal of a license, the Health r Officer may require the applicant to demo astrate adequate a 2 knowlege of 3.22 A, B, C. 0 yi W CC 5 C. Revocation of a Systems Cleaners License o: s 10 m 1. The procedures as described in 3.21 (C) shall oe followed for o"n o Ln the revocation of a license. Ww 9 SECTION 4. 2 TABLE Ii is repealed and re—enacted to read as follows: 4.2 Minimum distances between components of a sewage disposal system and pertinent ground features shall be as prescribed in Table II. -- " O , 'Absorption Field, Seepage ^ . ° Bed, Sand Filter trenh, P. o ry in o .oi N o oo Y1 ti: 2 `6 N (Privy, Slit Trench -. h - n o • . o co t - i R O O Unlined Subsurface Sand .S .a- ` .-i U C) Filter in Soil with a to u+ N o N o r .'. O g 4,1 Percolation Rate Slower o, h n '� .o. '� --L el •tip - . . C) 17 than 60 minutes per inch . .•° e N O 3 CI -- � U +' �i cr ; •. ar >CJ ai l C �' o I Unlined or Partially O ,a ,a ,n o m m O v1 ` 3 , e � °Gz7 h h .+ . h h o Lined Evapotranspiration o , .— O G) C System, Stabilization Ponds y '� —R o^ ` O O C C ,C I '; w o '� ; . 41 .,-F a.+ Lined Subsurface O o 1n ^ o, o w w.• o .' ' ' aul �I Sand Filter 1° '. h " ei r^_ y •. 0 w GI I - c``. C9 U ° ai . • . 9 `_ — C II =c •Gra C (Lined Evapotranspiration u, w • ac ` o� • c o Ln �" N or Lined Stabilization �� e.,- .in 0 o., r o.,o _ ' > •' O H -.< E Pond '� - o • T o La H O C) - o N1. > � - - CV ?4 W .� ) L<- g CL m 2 , Privy Vault or Vault 5422 .".1222 N O ' - ' -- "> .. ' C o Qi G in 1-a F O co c) N M ' A " B � ° -e, u) Septic Tanks, Treatment L u u o o ! _ "- z p Q' Plants or Septic Tank N ry ,°n el, o, oI N 0 a `w .".. LC Effluent Lines j -`. N E •� ., - 3 S rn V V V V O Wy ,� �,I (Building Sewer JC1 O eV O O O N U'00 P - ° — �n W °el C ml > e oG. of a : .- CS 9 n 4., CI C a � _ o el ZO ,Z O �I v v� a 0 P` : 0- v N Q .-1 0' ' •H o a - �< o . ., . O uI, �s d O > •g ° >1 N ml u T iro m w dP .1 = c U (5 E-4 C I vo I Y . > F. r C . _ y Y • V Q U m m 9 N W ^ m ^. .A M V pJIp N 9 Ly m 0 . 4 1a�O m 2 g . e, u ,., e > • 6I0 Gat. oa .4 ^ n . _ R ' e O rC t a C F O c C c °a _ ti 4. . _ c `7. r a cs O w 0 a - 10 7, w • - . .°. a. aY .1 . , - SECTION 4.3 D is repealed and re—enacted to read as follows: D. Calculation The field percolation rate shall be the average rate of the percolation tests after a majority of the percolation test holes exhibit two consecutive identical measurements. A rate faster than five minutes per inch or a rate slower than 60 minutes per inch shall render the location unsuitable for an absorption system. However, with percolation rates faster than five minutes per inch in sandy soils, the percolation rate may be slowed by soil replacement meeting the requirement of 5.4 C4. . The field percolation rate shall be used in calculating the absorption area required for the proposed system. Sites with unsuitable percolation rates shall necessitate additional soil evaluation and design by a Registered Professional Engineer if m O any absorption area is to be proposed. In no event shall the V calculated absorption area be less than that area required for systems with percolation rate of five minutes per inch. ri o W SECTION 4.4 is repealed and re-enacted to read as follows: • c m Soil Profile: A test pit or trench for the examination of the soil ❑ profile must be provided to a depth of eight (8) feet or to bedrock, whichever is less, to determine conformance with 4.6 of these O Wregulations. Lin a o A. The test pit shall have minimum horizontal dimensions of three (3) N feet in width and six (6) feet in length. B. To allow entry and exit, at least one wall of the test pit shall m U have a maximum slope of forty-five (45) degrees from horizontal, or 1/4oZ a ladder must be provided. N W N F SECTION 4.6 is repealed and re-enacted to read as follows: en A Suitable Soil Shall Meet the Following Criteria: u7 m A. A minimum depth of four (4) feet between the bottom of the proposed o z absorption field and any limiting zone(s) . N < Ua B. Has the capacity to adequately disperse the designed effluent m loading as determined by a field percolation rate of between five a (5) minutes per inch and 60 minutes per inch or by other approved soil tests. • t.o ri a inC. Acts as an effective filter within its depth for the removal of pathogenic organisms. 11 SECTION 5.2 B is repealed and re—enacted to read as follows: B. The building sewer to septic tank shall be laid with a minimum fall of one—eight (1/8) inch per foot (1 inch fall per foot is recommended) . Sends in the building sewer shall be limited to forty-five (45) degree ells, or long-sweep quarter bend. The building sewer installation shall meet all of the requirements of the Colorado Technical Plumbing Code, 1972 Revised, or such local Code as may be in force. The inlet and outlet pipes shall be grouted and sealed with waterproof materials. SECTION 5.2 C is repealed and re-enacted to read as follows: C. Backfilling around a septic tank shall be accomplished in a manner to prevent settlement and avoid undue strain on the tank and the pipes entering and leaving the tank. Cast-iron pipe or a minimum of ASTM Standard 3034, PVC SDR 35, or Schedule 40 PVC shall be used for the building sewer and for the septic tank to the head of the co U leachfield and shall be laid with a minimum fall of one-eighth (1/8) inch per foot. Tr O .-i SECTION 5.4 B(2) is repealed and re-enacted to read as follows: 9 03 2. Where the ground slope is in excess of 25% in the area of the proposed absorption system. W ✓> a; a SECTION 5.4 C(5 & 6) are amended to read as follows: 0 5. The bottom of the trench or bed and distribution lines shall be u7 x level. 0 6. The absorption field area shall be protected as to prevent vehicular and livestock traffic. coC) SECTION 5.4 0(5) is repealed and re-enacted to read as follows: DZ W 5. Outlet lines from the distribution box to the laterals shall be of cv E solid wall pipe for a minimum of five (5) feet. C4 M SECTION 5.4 G is amended to read as follows: Ln w G. The minimum horizontal distance required from cut banks and fill cn oo z areas to I.S.D.S. components discharging effluent into or onto the surrounding soil shall be four (4) times the height of the bank, measured from the top edge of the bank (See diagram) . U a W FG a X vo c --- —4h--- CD in T h s' Start trench(bed W jil 12 SECTION 5.5 A is repealed and re—enacted to read as follows: 5.5 Absorption Trenches A. At least two trenches of near equal length shall be constructed with a length not exceeding 100 feet; a width not exceeding three (3) feet; and a depth not exceeding three (3) feet to the bottom of the excavated trench from ground level existing at the Site Evaluation. Only one trench will be required if the system required total area does not exceed 200 square feet. There shall be a minimum (horizontal measurement) of six (6) feet of undisturbed earth co O between adjacent trenches. Any dimensional change from these o c.) specifications require approval from the Health Officer. A disposal O line shall be provided for each trench and shall be surrounded by clean, washed, graded gravel or rock or similar aggregate. The Ca material may range in size from three—fourths (3/4) inch to two and o W a half (21) inches. The material shall extend from at least two (2) o inches above the top of the pipe, level across the trench, to at o a least six (6) inches below the bottom of the pipe. The top of the o gravel shall be covered with untreated building paper, a two (2) xO inch layer of hay or straw, or a similar pervious material to prevent the gravel from becoming clogged by the earth backfill. An impervious covering shall not be used, as this interferes with o x evapotranspiration at the surface. There shall be at least twelve N '.a (12) inches of backfill placed over the trench which shall be graded • to promote runoff water from the disposal area. No trees or shrubs rz shall be placed closer than six (6) feet to the trench. The bottom In w .4 of the trench shall be excavated level. Four (4) foot depth of 2 suitable soil below the bottom of the trench is required. Machine kt,N H tamping, rolling or hydraulic compaction of final cover shall not be N E permitted, however, hand tamping may be allowed where necessary to U stabilize the soil to prevent erosion or the intrusion of extraneous water. A distribution box shall be included in the absorption rn w trench system, and shall meet requirements of subsection 5.4 D. o C= Trenches shall follow the ground contour surface so that variations rn z in trench depth shall be minimized. Z a B. Perforated plastic distribution lines of three (3) or four (4) V inches diameter shall be fitted with tight joints and the perforations shall be laid such that an even distribution of effluent over the trench system will occur. (Note: each perforated pipe O-1 segment shall be so placed that effluent will be equally dispersed CD In downward into the gravel from each row of perforations per segment). M 13 SECTION 5.6 A is repealed and re—enacted to read as follows: 5.6 Seepage Beds A. Seepage beds shall be constructed with a length not exceeding 100 feet, a width greater than three (3) feet and depth not exceeding three (3) feet to the bottom of the excavated bed from ground level existing at the Site Evaluation. Any dimensional change from these specifications requires approval from the Health Officer. A twelve (12) inch layer of three—fourths (3/4) to two and a half (21) inch clean, washed, graded gravel, rock or other similar material shall be distributed evenly and level over the entire bed, with distribution lines set at a depth to insure at least six (6) inches op 0 of gravel below and two (2) inches of gravel above each line. A o u cover of untreated building paper, a two (2) inch layer of straw, or w p a similar pervious material shall be placed on top of the gravel. U After final inspection, backfill shall be placed over the bed to a minimum depth of twelve (12) inches. The final cover shall be o m graded to promote drainage runoff away from the disposal area. In the case of an above ground system, such as a mounded system, an o x impervious berm shall be constructed to prevent lateral flow of L' q waste discharge outside of the absorption field. No trees or shrubs shall be placed closer than six (6) feet from the system. A four (4) foot depth of suitable soil below the bottom of the bed is n a required. Machine tamping, rolling or hydraulic compaction of final - cover shall not be permitted. However, hand tamping may be allowed cN where necessary to stabilize the soil to prevent erosion or the intrusion of extraneous water. Lc) a co u 2 N N .4 r» SECTION 6.4 C is repealed and re-enacted to read as follows: w f"-- w C. The matrix shall be installed with care so that the liner is not Mo z perforated. Heavy machinery shall not be permitted to drive over N < the matrix or the liner. The surface of the matrix shall be convex so as to permit run-off of rainwater and to increase the air Um turbulence over it. The surface of the matrix shall be provided a z• with sod, or with grass cover, or with any other plants specified by w w the designer and shall be maintained as designed. The bed area °"O shall be protected as to prevent vehicular, pedestrian, and o livestock travel. M w 14 SECTION 7.2 is amended to include the following as the last sentence in the paragraph. Metal or coated metal vaults are prohibited. coo � U 0 r-• ow oS o or w ca 0 U 0 N ri CL LO a CO U 'oz N H N E1 r-1 M u w o k. N ch z o z N iC. O U M 1/40 rn ON 1/40 o In N N M 15 APPENDIX 2 is repealed and re-enacted to read as follows: - t I T t I I , � crr o S 0 u O o o O O I 0 V h . _ - ( V i n 4 a. era U _ V a - ., —J 9 r 0 O L ; I _ U c co C = I i P H _ - w O I ^`C v C co O W I J F r-i V N r U ~ 1 V :J 0 M 44 J O E O J O - V O r0 c.� o t! v! V ^ oa - � r r_ _ -- e w r.r. = b _ F PC 0. ^ C _ a 6 11 p � ?< d < c y� o Y=7 ON c c W LL „ M a _ Y v o F--i w .L= ._.. ,,," ` "c Tdc c - - N 'A ` O - �c � a � x = s , W Jo - C .. [s7 W cC u7 a N O - - - ^' CO V N v _ v, ti _ o < _ c 7, w V) Z 0 . o., _` E N H Y N '� u y r H N � W < w - = i N E I▪ _ - _ _ m H U) NN F _ rn` ` A iii= - V; W < l _ • I_ `4 U -▪ N r•-) r ?` A A _ 8 14 to Grr7� Cl u y, O W a G V _ W M .'7-. I -5 _D u o _� - :J Z I -5 1 v i o G N < ` ♦ cr 1 ° 0 ' 8 .k va co - w - s - CCX - _ > oo a o c� <.a" to▪ v E m r - c In o C; O o G a _N 2 • M' [Li Y 4 0 G E in u E• ^ E N it,. Z.,N N D a V O C O O ¢ - ` J¢ C � ry rr v .a p SOURCE: EPA Designed Manual for Onsite Wastewater Treatment & Disposal Systems -APPENDIX 2- AR2037359 ORDINANCE NO. 136-A IN THE MATTER OF REPEALING ORDINANCE NO. 136 AND SETTING THE AMOUNT OF PURCHASES WHICH MUST BE BY WRITTEN SEALED BIDS WITH A TEN-DAY PERIOD FOR CONSIDERATION BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: WHEREAS, the Board of County Commissioners of Weld County, o u Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the 0o affairs of Weld County, Colorado, and a WHEREAS, paragraph 5 of Section 14-9 of Article XIV of the 0 3 Home Rule Charter for Weld County, Colorado, as amended November o x 6 , 1984 , provides that written sealed bids and a ten-day period to. r4 for consideration and investigation of the bids be required for z purchases in excess of an amount set annually by the Board of O County Commissioners by Ordinance, and o c x WHEREAS, it is necessary that this Board set the limit for e the year 1986 to comply with said provision, and x WHEREAS, the Board, after consultation with staff, Uconsideration of past bid procedures, and being otherwise fully advised, has determined that all purchases for the year 1986 in 1/4O z N H excess of $5 ,000 .00 shall be by written, sealed bid, and bids w over $5 ,000 .00 shall be followed by a ten-day period unless imy to waived by this Board. NOW, THEREFORE, BE IT ORDAINED by the Board of County o w Commissioners in and for the County of Weld, State of Colorado, r that all purchases for the year 1986 in excess of $5 ,000 .00 o Z shall be by written, sealed bid , and bids over $5,000.00 shall No C be followed by a ten-day period for consideration and z investigation of the bids submitted to determine comparisons of aw quality and price unless waived by this Board by Resolution for emergency purchases. kcm rn � o BE IT FURTHER ORDAINED by the Board of County Commissioners r of Weld County, Colorado, that this Ordinance shall take effect as w January 1 , 1986. • Page 2 RE: ORDINANCE NO. 136-A The above and foregoing Ordinance No. 136-A was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D. , 1985 . ATTEST: 1/11/2 - J / 7 j_ . BOARD OF COUNTY COMMISSIONERS euzaQi` efl WELD COUNTY, Weld Ctipbty:IC' .liCA n COLORADO ed CI ( Recorder \ , Clerk `,tL�',the Boat so n.. Az-9-7%-117 j� r ,�� =cq line:line o nn, Chairman BY: // f I i EXCUSED o v0 Deputy punt Gene R. Brantner, Pro-Tem Y erk c\ APPROVED AS TO FORM v O ; �/ a C.W. Rirb Q o c-: EXCUSED Gordn E. Lacy o co-cp (.4 County Atto ney Fr nk ama chi a O U W rn a 0 N r, w a w in a CO c.) Z lb First Reading: November 25, 1985 ri E-0 -.., r4 Published: November 27, 1985, in the Johnstown Breeze Second Readin a wx g: December 9 , 1985 Published: December 12, 1985 , in the Johnstown Breeze in w c, 44 Final Reading: December 23 , 1985 o zDecember Published: 26 (v1985 , in the Johnstown Breeze z v so Effective: January 1 , 1986 m a to 0 rnCO 4 in r4 1-I AR2D37n52 ORDINANCE NO. 84-E IN THE MATTER OF REPEALING ORDINANCE NO. 84-D AND RE-ENACTING THE SETTING OF FEES FOR SERVICES PROVIDED BY THE WELD COUNTY GOVERNMENT BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO. WHEREAS, the Board of County Commissioners of Weld County, Colorado, has authority under State statute and the Weld County Home Rule Charter to establish certain fees for services provided by the various departments of Weld County Government, and 0 ov WHEREAS, the Board of County Commissioners of Weld County o desires, through this Ordinance, to set fees and charges for rental of the Board' s Chambers, the copying by County of public ov documents where the fee is not otherwise specified by law, the ❑ sale of Weld County road maps , planning and building inspection w materials, the taking of fingerprints by the Weld County 0 3 Sheriff' s Department for individuals, extraordinary research of o a public records which Weld County Government is not required to "TQ perform by law, the performance of weed spraying services, w parking fees, recreational vehicle dumping, overnight camping site fees, Clerk to the Board fees, ambulance service fees, and a a fees for assignment of leases. cv NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that the fee schedule for the rental of the Board ' s Chambers and parking fees set "' " forth in Exhibit "A" a cop y v , of which is attached hereto and ko z incorporated herein by reference, shall be the fees charged by • N H Weld County Government for the rental services and parking N H services described therein. N BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado, that the fee schedule for services o w provided by the Weld County Ambulance Service set forth in o z Exhibit "B" , a copy of which is attached hereto and incorporated n, < herein by reference, shall be the fees charged by the Weld County Ambulance Service for services described therein. c.) a < BE IT FURTHER ORDAINED by the Board of County Commissioners 1/4O tfl of Weld County, Colorado, that the fee schedule for the missile rn v site park for campsite space and recreational vehicle tank fees o u' set forth in Exhibit "C" , is� Wa copy of which attached hereto and w incorporated herein by reference, shall be the fees charged by Page 2 RE: ORDINANCE NO. 84-E Weld County Government for the campsite and recreational vehicle tank dump services described therein. BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado, that the fee schedule for services provided by Weld County Government for the copying of County or public documents where the fee is not otherwise specified by law, for the sale of Weld County road maps, for planning and building inspection materials, for the taking of fingerprints by the Weld County Sheriff' s Department for individuals, for extraordinary research of public records which Weld County Government is not required to perform by law, for weed spraying oo p services, and fees for the assignment of leases, set forth in ° u Exhibit "D" , a copy of which is attached hereto and incorporated - herein by reference, shall be the fees charged by the Weld cv o County Government for the services described therein. a BE IT FURTHER ORDAINED by the Board of County Commissioners o of Weld County, Colorado, that the fee schedule for Clerk to the o x Board related services, as set forth in Exhibit "E" , a copy of urw which is attached hereto and incorporated herein by reference, a shall be the fees charged by Weld County Government for the o services described therein. U c CO BE IT FURTHER ORDAINED by the Board of County Commissioners N w of Weld County, Colorado, that this Ordinance shall supercede all prior Ordinances and Resolutions concerning fees for the services enumerated in this Ordinance. Lc) a co C.) BE IT FURTHER ORDAINED by the Board of County Commissioners cg of Weld County, Colorado, that the effective date of said fee W schedule shall be January 1 , 1986, and such fees shall remain in LO full force and effect until the Board ordains to change such a fees. in ID, o C:, m 2 az N Q' O ra w a 1/4O to CN o in -i N pa 44 Page 3 RE: ORDINANCE NO. 84-E The above and foregoing Ordinance was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D. , 1985. ATTEST: J BOARD OF COUNTY COMMISSIONERS �Cnn�vt�Qlc�/cOfon.� `�' t WELD COUNTY, COLORADO Weld County C erk and Recorder G-.ta and Clerk to the Board cqu ne J son, Chairman , EXCUSED BY: Gene R. Brantner, Pro-Tem m o U De ruty^¢o my erk o l 27 APPROVr t°AS;;TO $ORMr7� C.W. Kirby cn O •v • EXCUSED ��"v Gordon E. L y 2 County Attorney Frank Y - A O FIRST READING: November 25 , 1985 • x FIRST PUBLICATION: November 27, 1985 , in the Johnstown Breeze z a SECOND READING: December 9 , 1985 U SECOND PUBLICATION: December 12 , 1985, in the Johnstown Breeze • ‘1> z N H • W FINAL READING: December 23 , 1985 FINAL PUBLICATION: December 26, 1985 , in the Johnstown Breeze wEFFECTIVE DATE: January 1 , 1986 o ra, Mz o z < a C.) f= � r-- ON v o in HI HI mw EXHIBIT "A" • COMMERCIAL RENTAL SCHEDULE Board' s Chamber Room $ 30 .00 per hour RULES $50 . 00 Damage and Cleaning Fee will be applied to rental charges if everything is left in a satisfactory condition. co O A county employee responsible for the building must be present o during weekend events. The employee will be paid $6. 00 per hour v p by sponsoring group prior to the opening of event. U Any County labor provided beyond routine service will be charged 0i11 on a cost recovery basis determined by the County. o o x Recognized Weld County Government groups shall not be charged the above fees for use for county business. O U a 0 Centennial Center Parking Inside Parking Space Passenger cars/ '" a Pickups/Vans $12.50 per month Motorcycles 6.25 per month co c) Z No charge for employees working shifts CV H 5: 00 p.m. to 8 :00 a.m. W N F ti N ir1 rt, m z o Z N a >1 U a 1/40 a m Ol o -n I-1 R3 G. EXHIBIT "B" 1986 WELD COUNTY AMBULANCE CHARGES AMBULANCE SERVICES: $170.00 Base Rate (Routine) 225.00 Base Rate (Emergency) 225.00 Air Life Paramedic Assist 110.00 Paramedic Assist Mileage (Round trip miles - Four mile minimum) 2.50 85.00 Return Trip 48.00 coo Standby Ambulance 30.00 tn o Standby Ambulance (Public School ) C.) a PROFESSIONAL SERVICES: o w 20.00 o � Oxygen 30.00 o• z int Cardiac Monitor 20.00 wIV Set Up • 25.00 a w IV with Blood Tubing • cD 10.00 '' x IV Solution (Additional) • w 10.00 In N m v Medications z 8.00 N H Cervical Collar N el 3.00 '" In Dressing & Bandages 01 3.00 i w Quick Cold o w 30.00 Endotracheal Intubation or Cricothyrotomy N• < 8.00 o Irrigation Solution • v a 50.00 x OB Kit or Burn Kit ko 20.00 Mast Pants 20.00 w w Esophageal Airway 50.00 Infant Transport 40.00 Pericardiocentesis 40.00 Tension Pnemothorax Decompression EXHIBIT "C" MISSILE SITE PARK Camp site space $2.00 per night Recreational Vehicle tank dump fee $2.00 per recreational tank dump coo OO O 10 0 U a a o O O CC W 0 o -os a O LdS N I-4 x w in F1 co U to Z N H W N ' H � n W Cr, N Mz oZ e o W 4 co X 1/4O 0 rn Ln 0 In I- CA W • EXHIBIT "D" Service Provided Fee Established 1 . For the copying of County or public documents where the fee for such copying is not otherwise specified by statute. 50C per copy 2 . For Weld County road maps (regardless of size) . $1 .00 per map 3. For the taking of fingerprints by the w o Weld County Sheriff's Department $2 .00 per set o 0 4 . For research of public records not Fee shall be n O required by law, where the time based on the o necessary to perform such research is actual cost of a extraordinary (as determined by the labor to Weld o Department Head or Elected Official) . County Govern- ment for pro- w viding such service. O w 5. Weed spraying: a Truck with one person $17. 00 per hour Truck with two people $23 .00 per hour r x plus cost of chemicals. Ln co 6 . Copying District Attorney files $2 .00 for • z search of file w and 104 per copy. z N 7. Planning and Building Inspection Fee shall be "' rx1 materials actual cost of o items plus hand- o z ling and postage ,4 when mailed. 8 . Assignment of Oil and Gas Lease $25.00 per lease £ processing cost per assignment. 1/40 ri rn L o m w EXHIBIT "E" RATES FOR CLERK TO THE BOARD TRANSCRIPTS FROM TAPES: $15 .00/hour for time spent on the transcription with a deposit of three times the clock time of the tape to be transcribed when transcription is ordered. Fee non-refundable. oo 0 USE OF RECORDING EQUIPMENT: O o $10 .00 machine set-up fee 1us $2.00/hour for use of U equipment, pro-rated to half-ho.:r segments. 0 a O Cx. as O cz 0 U 0 0 c$ N ri X W co V 1/40z N NE N � X W N to O Iz N m 2 O 2 N Q' O >4 CG W Q 1/40 N to O lf) N N al W MONTHLY PAYROLL HANDWRITE APPROVAL FORM WARRANT WARRANT NUMBER PAYEE AMOUNT 12042 ANDRES GARCIA I 1,631.85 { I { 1 I NUMBER OF WARRANTS 1 TOTAL 1,631.85 THE AMOUNT OF THESE HANDWRITES WILL BE INCLUDED IN THE MONTHLY' PAYROLL TOTAL ON DECEMBER 23 19 85 WELD COUNTY, COLORADO . PAGE 1 . GE1ERAL FUND CLAIMS V.O. - WARRANT NO. P.O. NJ. VENDOR AMOUNT' 901987 44712 GREAT WEST LnF.r $15,322:67 • - TOTAL 1 15,322.67 STATE CF COLORADO ) ) ss COUNTY F WELD t • This is to certify that ali accounting and budgeting procedures have been completed on the above listed claims as shown on Paces I through 19 85 and that payments , p � .- and dated DD�IDF12 23 shouldtbS15,322.67 made he respective vendors in the amounts set opposite their names with the total . DATED THIS 23rd DAY OF DrTaER 1485 • ' WELD CO F r/ SUBSCRIBED AND SWORN TO BEFORE ME THIS 23rd DAY CF DF1CRIBER . 1485 MI COMMISSION EXPIRES: My Commission Expos June 8. 1986 _ NCTnRY EU3_IC STATE CF COLORADO ) ~--i COUNTY CF VELD ) ) ss . Ve, the Board of County Commissioners of Veld County, Colorado, hereby (approve) disapprove) the claims as setabove; and warrants ordered d:'aw^� -G`�J.'l the forth "'a n.s in payment therefore are hereby _ GENERAL FUND totaling S15.3z2.67 ghair rson ATTEST: Member •\ L County Cier!�& Recor ' N.erber / i�� _, - - v=mbflr G 7 WELD COUNTY, COLORADO PAGE 1 of 1 PAYROLL FUND CLAIMS ' V.O. WARRANT NO. P.O. NO. VINDOOR AMOUNT' 12043 United Bank Of Greeley 916,401..35 • 12044 Banker's Life 5,526.56 : TOTAL S 921,927.91 STATE CF COLORADO ) COUNTY OF 1:LD ) 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 --I _ and datedDecember 23rd , 19 &5 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount 5 921.927.91 _ . _ - - DATED THIS 23rd DAY OF , 19 85 WELD i FI t F iCER /`` .------- SUB_ SCRIBED AND SWORN TO BEFORE ME THIS 23rd DAY CF December 19 85 . °Y COMMISSION EXPIRES: My Commission Expires June 8, 1986 . Ac-P 41- -AL A-4-111-;S . STATE 0. COLORADO ) COUNTY CF WELD ) ss We, the Board of County Corti ssioners 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 FUN) totaling $ 21,927.91 Chairper‘.-1-11."4--& , ATTEST:‘,n4 t Member . .oun_y Clerk Reecorr r • Member =Y:__ /l�7 % a p;o-them /11- . . _ y 9 A-1(4777i/l%%17`�� • • • • • • • • e • • • • • • • • • • • • > > > > n 3 n n n > £ S o G 0 O O O O O a O 2 > > 6f J1 Vi Jf V1 VI V7 VI U1 vi C a 'G Co C 0 a 0 0 co 0 0 co z N .O .- S, .0 .c 4 . C > O - r 4 -1 4 -1 -I 0` Cr. Q. m Z 0 J: 4' t,. 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V • V `. 4 V • •. V • r • r • - r . O•0 _ r• JI�. W 1.` 1 � r N ,� G^ rDh•• r- NW rr " .0WOZOC .-' = • 11; V NO• i-+ r-• xNF-' r ^- 'JNmO W mC.Jr Or•. L1m L^ CU+ In •.ir W C` .^`. r C` = 1 ^ JC;: mil . . . . .a W m .—.+ GN .7 C C• . • mr •na a . G, • W . . 'ZNO rU I > • • • ♦ • • . • • . • • . • • . • • • 4 • . . • . • . • . • I0 • •D �.^. C W �• O mm cti Ym0Nri-• O W OW •p •pOC‘ m —: V^. mm •:- Y Cam I m .-• < x /0- ct z ruc OG •!J W t-• OO2mm 'Jtir1` m UUN .. f N • Y 0 II - r • • • • • _ • • • • • • 0 • - • ♦ ♦ • : • • • • _ • HEARING CERTIFICATION DOCKET NO. 85-91 RE: HEARING CONCERNING THE POLICY REPORT UNDER SECTION 103A A public hearing was conducted on December 18, 1985, at 10:00 A.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro-Tem - Excused Commissioner C.W. Kirby Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Tommie Antuna Assistant County Attorney, Lee D. Morrison Director of Finance & Administration, Don Warden The following business was transacted: I hereby certify that pursuant to a notice dated November 25, 1985, and duly published November 28, 1985, in the Johnstown Breeze, a public hearing was conducted to consider the Policy Report Under Section 103A. Lee Morrison, Assistant County Attorney, made this matter of record, saying that the Policy Report under Section 103A contains housing development and low-income housing assistance policies and goals, which the County will apply in issuing or participating in the issuance of qualified mortgage bonds in 1986. Don Warden, Director of Finance and Administration, explained this item, saying that Section 103A of the IRS Code requires that an approved housing policy report must be filed with the IRS for the upcoming year. After further comments, Mr. Warden explained the assessment of the compliance of Weld County during the preceding twelve-month period. Linda Clark, representing Boettcher and Company, came forward and said that this does not obligate Weld County to issue bonds, it merely preserves the County's option. There was no public comment offered at this hearing. Commissioner Lacy moved to approve the Resolution entitled, "Approve Housing Policy Report under Section 103A of the Internal Revenue Code for Single-Family Mortgage Revenue Bonds"; authorize the Chairman to sign the Report; and authorize staff to submit said Report to IRS prior to December 31, 1985. The motion was seconded by Commissioner Yamaguchi and carried unanimously. This Certification was approved on the 23rd day of December, 1985. APPROVED: n BOARD OF COUNTY COMMISSIONERS ATTEST: '1/4711(lawn‘WiesAani WELD COUNTY, COLORADO Weld County Clerk and Recorder 0„4,q1,,,, and Clerk to the B rd acque�{nee Jo n•on, Chairman By: ,/,;--12,, 2�4/ EXCUSED DATE OF HEARING Deputy'County F$�rk Gene R. ' � Brantner,/J Pro-Tem C.W. Kirby / EXCUSED Gordon E. Lacy TAPE #85-106 21 DOCKET #85-91 LHR 2173 k c HEARING CERTIFICATION DOCKET NO. 85-29L RE: TAVERN LIQUOR LICENSE - LEROY SATHER, JR. , DBA STREAMERS A public hearing was conducted on December 18, 1985, at 2:OC P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro-Tem - Excused Commissioner C.W. Kirby Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Certified Shorthand Reporter, Jason Meadors The following business was transacted: I hereby certify that pursuant to a notice dated November 13, 1985, and duly published November 21, 1985, in the Johnstown Breeze, a public hearing was conducted to consider the request of LeRoy N. Sather, Jr. , dba Streamers, for a Tavern Liquor License. Lee Morrison, Assistant County Attorney, made this matter of record. Mr. Morrison also reviewed the neighborhood to be served, established by the Board on November 13, 1985, and read a letter giving the results of the on-site inspection conducted by Commissioner Brantner. LeRoy N. Sather, Jr. came forward and spoke of his previous experience with liquor establishments and answered questions of the Board. Mr. Sather stated that he wishes to provide an entertainment center, rather than a bar, for this area. No public comment was received concerning this request. Mr. Morrison advised the Board of the criteria to be considered in the issuance of this license. Commissioner Lacy moved to grant the Tavern Liquor License as requested by LeRoy N. Sather, Jr. , and reviewed the findings to be made at this hearing. Commissioner Kirby seconded the motion which carried unanimously. This Certification was approved on the 23rd day of December, 1985. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: ,/j[.�.1.�¢ �itT • �'{`.^iI'i WELD COUNTY, COLORADO �6 � 'c^�"""" Weld County Clerk and Recorder \ \ �� ►�� -'•� and Clerk to the Bo d S acqu. •ine Jo us n, Chairman ' EXCUSED DATE OF HEARING By: ty /o } Gene R. Brantner, Fro-Tem Deputy�County C rk �j C.W. K r1� � EXCUSED Go7� Lacy, Frank Yamagu TAPE #85-107 DOCKET #85-29L LHR 2282 HEARING CERTIFICATION DOCKET NO. 85-83 RE: SHOW CAUSE FOR REVOCATION OF USE BY SPECIAL REVIEW #598 - VESSELS OIL AND GAS COMPANY A public hearing was conducted on December 18, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro-Tem - Excused Commissioner C.W. Kirby Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Director of Planning Services, Chuck Cunliffe The following business was transacted: I hereby certify that pursuant to a notice dated October 9, 1985, and duly published October 31, 1985, in the Johnstown Breeze, a public hearing was conducted to show cause for revocation of Use by Special Review #598, issued to Vessels Oil and Gas Company. Lee Morrison, Assistant County Attorney, made this matter of record and stated that this hearing was continued from November 13, 1985. Chuck Cunliffe, Director of Planning Services, stated that a complete Use by Special Review application has been submitted and recommended that this hearing be continued to February 19, 1986. Commissioner Lacy moved to continue this hearing to February 19, 1986, at 2:00 p.m. The motion was seconded by Commissioner Kirby and carried unanimously. This Certification was approved on the 23rd day of December, 1985. APPROVED: '1/4� ' azi -La ��ry BOARD OF COUNTY COMMISSIONERS ATTEST: • t u wwv� WELD COUNTY, C ORADO Weld County Clerk and Recorder and Clerk to the Board J cque ne Joh sALL‘Ljo , Chairman By: �12.a / ) EXCUSED DATE OF HEARING Deputy County C rk Gene R. Brantner, Pro-Tem C.W. Kirby EXCUSED Gord . Lacy F nk ma c TAPE #85-107 DOCKET #85-83 LHR 944A HEARING CERTIFICATION DOCKET NO. 85-89 RE: USE BY SPECIAL REVIEW TO PROCESS AND SELL FORESTRY PRODUCTS IN AN AGRICULTURAL ZONE DISTRICT - DARREL OR TAMARA LOCKMAN A public hearing was conducted on December 18, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro-Tem - Excused Commissioner C.W. Kirby Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Debbie de Besche The following business was transacted: I hereby certify that pursuant to a notice dated November 27, 1985, and duly published December 5, 1985, in the Johnstown Breeze, a public hearing was conducted to consider the request of Darrel or Tamara Lockman for a Use by Special Review to process and sell forestry products in an Agricultural Zone District. Lee Morrison, Assistant County Attorney, made this matter of record. Debbie de Besche, Planning Department representative, read the favorable recommendation of the Planning Commission into the record and stated that eight Development Standards are recommended for this proposal. Darrel Lockman, one of the applicants, came forward to answer questions of the Board. He stated that he has no problem with the proposed Development Standards. No public comment was offered concerning this request. Commissioner Kirby moved to approve the Use by Special Review requested by Darrel or Tamara Lockman, subject to the conditions and Development Standards as recommended by the Planning Commission. Commissioner Yamaguchi seconded the motion which carried unanimously. This Certification was approved on the 23rd day of December, 1985. APPROVED: �+ n - BOARD OF COUNTY COMMISSIONERS ATTEST: illQ,tci- 12/v�.v�T� ��• WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the B rd cque ne Joh , Chairman By: !.Co , rk EXCUSED DATE OF HEARING Deputy �Gounty Gene R. Brantnes, Pro-Tem C.W. K�� EXCUSED � Gordon E. Lacy .G'�l"�' ra k Yamagu TAPE #85-107 DOCKET #85-89 LHR 2294 - HEARING CERTIFICATION DOCKET NO. 85-90 RE: USE BY SPECIAL REVIEW FOR A GREYHOUND DOG KENNEL - GENE AND DIANNE GURLEY A public hearing was conducted on December 19, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro-Tem - Excused Commissioner C.W. Kirby Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Debbie de Besche The following business was transacted: 95, and I hereby certify that pursuant to a notice the Johnstown tdated November 1a 85,and duly published December 5, 1985, hearing was conducted to consider the request of Gene og kennel d Dian (200 Curley for a Use by Special Review for a greyhound Y d g maximum) . Lee Morrison, Assistant County Attorney, made this matter of record. Debbie de Besche, Planning Department representative, read the favorable recommendation of the Planning Commission into the record, stating that twelve Development Standardse ommmendeGurley, appl are icant, this proposed operation. John Baney, Attorney, and Gen came forward to answer questions of the Board. Cherry ryreseuts spokeein favor of the request, stating that the applicants' approve the operation is a good operation. Commissioner Use Lacy b ySpoved to oea pr based request of Gene and Dianne Gurley for upon the recommendation of the Planning Commission and subject to the recommended conditions and Development Standards. severalCommissioner Kirby y seconded the motion and noted, for been received concerning this request. The motion carried unanimously. This Certification was approved on the 23rd day of December, 1985. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: � �• WELD COUNTY, COLORADO !!! Clerk and Recorder Weld CountyJ cque ne Jo n n, Chairman and Clerk to the Board EXCUSED DATE OF HEARING By: Gene R. Brantner, Pro-Tem Deputy. County rk C.W. K rb EXCUSED Gord acy r`a c Yamagu TAPE #85-107 DOCKET #85-90 LER 2295 HEARING CERTIFICATION DOCKET NO. 85-92 RE: USE EY SPECIAL REVIEW FOR A LIVESTOCK CONFINEMENT OPERATION - JAMES E. AND MICHELE I. VETTING A public hearing was conducted on December 18, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro-Tem - Excused Commissioner C.W. Kirby Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Debbie de Besche The following business was transacted: I hereby certify that pursuant to a notice dated December 2, 1985, and duly published December 5, 1985, in the Johnstown Breeze, a public hearing was conducted to consider the request of James E. and Michele I. Vetting for a Use by Special Review for a livestock confinement operation. Lee Morrison, Assistant County Attorney, made this matter of record. Debbie de Besche, Planning Department representative, distributed copies of a letter from the applicants amending the application to 140 cows, rather than 250 cows as originally requested and an Individual Sewage Disposal System permit, labeled as Exhibits G and H. Chuck Cunliffe, Director of Planning Services, noted that the Planning staff recommended approval of this application, although the Planning Commission recommended denial. He stated that the Planning staff recommendation for approval contained conditions and proposed Development Standards for this operation. Ms. de Besche read the recommendation of the Planning Commission into the record. James Vetting, the applicant, and Henry De Jong, the potential purchaser of the property, came forward to answer questions of the Board and clarify the request to be for 140 animal units. Coming forward to speak in favor of the request were Ross Powell, Charley Frank and George Maxey. Commissioner Lacy moved to approve the request of James E. and Michele I. Vetting for a Use by Special Review for a livestock confinement operation with a maximum of 140 cows, basing his motion upon the recommendation of the Planning staff and subject to the conditions and Development Standards as proposed by the Planning staff. Commissioner Kirby seconded the motion and reviewed the Use by Special Review criteria. The motion carried unanimously. This Certification was approved on the 23rd day of December, 1985. APPROVED: ` � _ Q�T/ COUNTY,WELDD OF COUNTY COMMISSIONERS RAD ATTEST: �j'f WE COLORADO • Weld County Cl rk and Recorder ,CNN. and Clerk to the Boa acqu ne Jo n on, Chairman By: / / // / EXCUSED DATE OF HEARING Deputy County C r Gene R. Brantner. Pro—Tem Kirby �� y C.W. Rirby TAPE #85-107 EXCUSED Gordo -Lacy DOCKET #85-92 LHR 2296 Franc Yama RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 23, 1985 TAPE #85-107 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, December 23, 1985, 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 Gene Brantner, Pro-Tem - Excused Commissioner C.W. Kirby Commissioner Gordon Lacy - Excused Commissioner Frank Yamaguchi Also present: Assistant Weld County Attorney, Lee D. Morrison Acting Clerk to the Board, Mary Reiff MINUTES: Commissioner Kirby moved to approve the minutes of the Board of County Commissioners meeting of December 18, 1985, as printed. Commissioner Yamaguchi seconded the motion and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Kirby moved to approve the • Certifications for the hearings conducted on December 18, 1985, as follows: 1) Policy Report under Section 103A; 2) Tavern Liquor License, LeRoy Sather, Jr. ; 3) Show Cause Hearing, • Vessels Oil & Gas; 4) USR, Lockman; 5) USR, Gurley; and 6) USR, Vetting. Commissioner Yamaguchi seconded the motion and it carried unanimously. ADDITIONS: Don Warden, Director of Finance, added as item #15 under New Business: Consider Resolution re: Memorandum of Agreement with West Greeley Soil Conservation District. CONSENT AGENDA: Commissioner Kirby moved to approve the consent agenda as printed. Commissioner Yamaguchi seconded the motion and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: No reports were given at today's meeting. WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund 32,026,638.49 Social Services 26,528.54 Handwritten warrants: General Fund 15,322.67 Payroll 921,927.91 Commissioner Yamaguchi moved to approve the warrants as presented by Mr. Warden. Commissioner Kirby seconded the motion which carried unanimously. BIDS: APPROVE BITUMINOUS PAVEMENT MIN/ASPHALT, 1986 - RD. & BRIDGE: Bette Rhoden, Purchasing Director, reviewed the bids submitted. Drew Scheltinga, Engineering Director, came forward to made a recommendation. He recommended that the bid on hot bituminous pavement mix, emulsified asphalt and liquid asphaltic materials be awarded to Best-Way Paving Company, low bidder on those items, and that Flatiron Paving Company, the low bidder, be awarded the bid for cold bitumous pavement mix. Re further recommended that Frontier Materials, Inc. , of Erie, be awarded the bid for hot bituminous pavement mix and emulsified asphalt to be used in the south-west area of the County. Commissioner Kirby moved to accept the recommendation of the Engineering Department. Seconded by Commissioner Yamaguchi, the motion carried unanimously. APPROVE MILK BID - YOUTH SHELTER & HUMAN RESOURCES: Ms. Rhoden reviewed the bids submitted by Lowell-Paul Farm Dairy, Inc. and Beatrice Dairy Products. She recommended that the low bid of $5,323.96, submitted by Beatrice Dairy Products, be accepted. Commissioner Kirby moved to accept the low bid of $5,323.96, submitted by Beatrice Dairy Products. Commissioner Yamaguchi seconded the motion and it carried unanimously. BUSINESS: NEW: CONSIDER RESOLUTION RE: DUI PROGRAM GRANT WITH DIVISION OF HIGHWAY SAFETY AND AUTHORIZE CHAIRMAN TO SIGN: Stan Peek, District Attorney, came forward to explain the terms of this Grant. He stated that this is the last year Weld County will receive full funding from the State for this program. Commissioner Kirby moved to approve the Resolution regarding the DUI Program Grant with the Division of Highway Safety and authorizing the Chairman to sign. The motion was seconded by Commissioner Yamaguchi and carried unanimously. • CONSIDER REQUEST FOR VACATION OF ROW IN PT. NE}NE}, 512, T4N, R61W — DOUGLAS VANNOY: Don Jones, representative of the Federal Land Bank, came forward to answer questions regarding this request. Following discussion, Commissioner Kirby moved to refer this matter to the Engineering Department for a recommendation and place the matter on the agenda for Monday, December 30, 1985. Commissioner Yamaguchi seconded the motion and it carried unanimously. CONSIDER RESOLUTION RE: CANCELLATION OF OUTSTANDING ACCOUNTS RECEIVABLE FOR AMBULANCE SERVICE, IN AMOUNT OF $6,472.50: Mr. Warden stated that the Ambulance bills deemed as uncollectible are now being cancelled on a monthly basis. Commissioner Kirby moved to approve the Resolution cancelling certain outstanding accounts receivable for the Ambulance Service. Seconded by Commissioner Yamaguchi, the motion carried unanimously. CONSIDER LEASE AGREEMENT WITH WELD LIBRARY DISTRICT AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden reviewed the terms of the Lease Agreement between Weld County and the Weld Library District. Commissioner Kirby moved to approve the Lease Agreement with the Weld County Library District and authorize the Chairman to sign. The motion, seconded by Commissioner Yamaguchi, carried unanimously. CONSIDER MEMORANDUM OF AGREEMENT WITH WELD LIBRARY DISTRICT AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden reviewed the terms of the Memorandum of Agreement between Weld County and the Weld Minutes - December 23, 1985 Page 2 Library District. Commissioner Kirby moved to approve the Memorandum of Agreement with the Weld Library District and commented on the thoroughness with which it was prepared. The motion was seconded by Commissioner Yamaguchi and carried unanimously. CONSIDER VISION CARE CONTRACT AND AUTHORIZE CHAIRMAN TO SIGN: Harold Cornelius, of the Department of Social Services, stated that the amount of this contract with the Weld County Association of Optometrists and Ophthalmologists has been cut approximately 50% from the current level of funding. The 1986 contract allocates $10,000.00 for Vision Care. Commissioner Kirby moved to approve the Vision Care Contract and authorize the Chairman to sign. Commissioner Yamaguchi seconded motion which carried unanimously. CONSIDER DENTAL CARE CONTRACT AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Cornelius stated this contract with the Weld County Dental Society is for $8,000.00. Commissioner Kirby moved to approve the Dental Care Contract and authorize the Chairman to sign. The motion, seconded by Commissioner Yamaguchi, carried • unanimously. CONSIDER COOPERATIVE REIMBURSEMENT AGREEMENT BETWEEN COUNTY ATTORNEY AND DEPT. OF SOCIAL SERVICES: Dave Huffman, of the Child Support Office, stated that this extends the contract which has been utilized for seven years. Commissioner Kirby moved to approve the Cooperative Reimbursement Agreement between the County Attorney and the Department of Social Services. The motion was seconded by Commissioner Yamaguchi and carried unanimously. CONSIDER CONTRACT WITH CHILD ABUSE RESOURCE AND EDUCATION, INC. AND AUTHORIZE CHAIRMAN TO SIGN: Rose Anson, from the Department of Social Services, presented this matter for the Board. Commissioner Kirby moved to approve the Contract with Child Abuse Resource and Education, Inc. and authorize the Chairman to sign. Commissioner Yamaguchi seconded the motion which carried unanimously. CONSIDER RESOLUTION RE: PURCHASE OF USED STEEL: Drew Scheltinga, Engineering Director, explained that we have the opportunity to buy some used steel beams and recommended that we purchase five for use in construction of a bridge. The five beams can be purchased at a total cost of $8,582.00, a 39% savings. Commissioner Kirby moved to approve the Resolution regarding the purchase of used steel beams. Seconded by Commissioner Yamaguchi, the motion carried unanimously. CONSIDER EMERGENCY ORDINANCE #133-C - IN MATTER OF SUPPLEMENTAL APPROPRIATION FOR 1985: Mr. Warden stated that this Ordinance has been published, as required prior to passage. Since an Emergency Ordinance requires action by four Commissioners, he recommended that this matter be continued to December 30, 1985, when the required number of Commissioners will be present. Commissioner Kirby moved to continue this matter to December 30, 1985. The motion was seconded by Commissioner Yamaguchi and carried unanimously. FINAL READING OF ORDINANCE #9-D - IN MATTER OF REPEAL AND RE-ENACTMENT, WITH AMENDMENTS AND ADDITIONS, TO CERTAIN SECTIONS TO INDIVIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS, ORDINANCE #9-A, AS AMENDED BY ORDINANCES #9-B, #9-C: Commissioner Kirby moved that Ordinance #9-D be read by title only. Commissioner Yamaguchi seconded the motion. The motion carried unanimously. Mr. Morrison read the title of Ordinance #9-D into the record. Minutes - December 23, 1985 Page 3 Commissioner Kirby moved to approve Ordinance #9-D on final reading. Seconded by Commissioner Yamaguchi, the motion carried unanimously. FINAL READING OF ORDINANCE #136-A - IN MATTER OP REPEALING ORDINANCE #136 AND SETTING THE AMOUNT OF PURCHASES WHICH MUST BE BY WRITTEN SEALED BIDS WITH A TEN-DAY PERIOD FOR CONSIDERATION: Commissioner Kirby moved that Ordinance #136-A be read by title only. Seconded by Commissioner Yamaguchi, the motion carried unanimously. Mr. Morrison read the title of Ordinance #136-A into the record. Commissioner Kirby moved to approve: Ordinance #136-A. The motion, seconded by Commissioner Yamaguchi, carried unanimously. FINAL READING OF ORDINANCE #84-E - IN MATTER OF REPEALING ORDINANCE #84-D AND RE-ENACTING THE SETTING OF FEES FOR SERVICES PROVIDED BY WELD COUNTY: Commissioner Kirby moved that Ordinance #84-E be read into the record by title only. The motion was srconded by Commissioner Yamaguchi and carried unanimously. Mr. Morrison read Ordinance #84-E by title only. Commissioner Kirby moved to approve Ordinance #84-E. Commissioner Yamaguchi seconded the motion and it carried unanimously. CONSIDER RESOLUTION RE: MEMORANDUM OF AGREEMENT WITH WEST GREELEY SOIL CONSERVATION DISTRICT: Mr. Warden explained that this Memorandum of Agreement provides that the Board will fund clerical support for the West Greeley Soil Conservation District until a mill levy election can be held. Commissioner Kirby moved to approve the Resolution concerning the Memorandum of Agreement with West Greeley Soil Conservation District. Seconded by Commissioner Yamaguchi, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. Ordinances #9-D, #136-A and #84-D were approved on final reading. 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. • APPROVED: ATTEST: " ^ BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorderr. ` - ' and Clerk to th7 BB/9/G•rd J cque ne Jo s n, Cha n By i' l/ iii / f EXCUSED Deput4 Count Jerk Gene R. Brantner, Pro-Tem //AtC.W. Kirb EXCUSED Gordon Lacy J a am�� % �� . Fraul(Xamaguchi Minutes - December 23, 1985 Page 4 RECORD OF PROCEEDINGS AGENDA Monday, December 30, 1985 Tape #85-108 ROLL CALL: Jacqueline Johnson, Chairman Gene Brantner, Pro-Tem C.W. Kirby Gordon Lacy Frank Yamaguchi MINUTES: Approval of minutes of December 23, 1985 (Commissioners Brantner and Lacy excused) CERTIFICATIONS OF HEARINGS: Hearing conducted on December 23, 1985: 1) Amend Final P.U.D. Plan, Beebe Draw Land Company, Ltd. (Commissioners Brantner & Lacy excused) ADDITIONS TO AGENDA: Added as Item #10 under New Business: Consider Resolution re: Transfer and Assignment of Cable T.V. Franchise to Southwest Cablevision, Limited APPROVAL OF CONSENT AGENDA: COMMISSIONER COORDINATOR 1) Communication Services - Kirby REPORTS: 2) Engineering Services - Brantner 3) Health Services - Lacy 4) Planning Services - Yamaguchi 5) Purchasing & Personnel - Johnson COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BUSINESS: OLD: 1) Consider request for vacation of ROW in Pt. NE}NE} , 512, T4N, R61W - Douglas Vannoy (cont. from Dec. 23) 2) Consider Emergency Ordinance #133-C - In Matter of Supplemental Appropriation for 1985 (cont. from Dec. 23) NEW: 1) Consider 1986 Dance License for Ernie Llamas, dba Ernie's Bar 2) Consider Resolution re: Agreement with Daniel I. Correll and authorize Chairman to sign 3) Consider Improvements Agreement - According to Policy Regarding Collateral for Access Roads - Beebe Draw 4) Consider Improvements Agreement - According to Policy Regarding Collateral for Internal Improvements - Beebe Draw 5) Consider Resolution re: Zoning and Building Code Investigation Fee Moratorium 6) Consider amendment to replat - Lundvall 7) Consider Improvements Agreement - According to Policy Regarding Collateral for Internal Improvements - Lundvall 8) Consider Resolution re: Decision of Board to comply with Chapter 9.48 of Greeley Municipal Code relating to smoking in public places 9) Final Reading of Ordinance #119-C concerning Revisions to Building Code Ordinance CONSENT AGENDA APPOINTMENTS: Jan 1 - HOLIDAY Jan 6 - Work Session 1.30 PM Jan 7 - Planning Commission 1:30 PM Jan 8 - Private Industry Council 7:30 AM Jan 8 - Road & Bridge Advisory Board 7:30 PM Jan 8 - Area Agency on Aging 9:00 AM HEARINGS: Dec 30 - Establish Land-Use Application Fees 9:00 AM Dec 30 - Establish 1986 Building Inspection Permits Fees 9:00 AM Jan 8 - Show Cause Hearing, 31 Disposal (Stan Rech) 2:00 PM Jan 8 - USR, Adult mentally retarded group ranch Triangle Cross Ranch 2.00 PM Jan 8 - USR, Agricultural service establishment (contract trucking business) , Daniel & Joyce Tietmeyer 2:00 PM Jan 8 - USR, Accessory building larger that 1,500 sq. feet in platted subdivision, Tony & Katie Gumaa 2:00 PM Jan 22 - COZ, R-1 to A, Allan W. Smith 2:00 PM Feb 19 - Show Cause Hearing, Arnold & Beverly Teter (cont. from Dec. 4) 2:00 PM Feb 19 - Show Cause Hearing, Vessels Oil & Gas (cont. from Dec. 18) 2:00 PM REPORTS: COMMUNICATIONS: 1) Dept. of Highways Newsletter #85-52 2) Nuclear Regulatory Commission IE Info. Notice #85-94 3) County Council News Release and agenda for January 8, 1986 4) Colo. Water Conservation Board - Notice of Instream Flow/Natural Lake Level Recommendations 5) Frederick Fire Protection District re: Snow removal 6) FEMA re: Floodplain management criteria 7) L. Ted Harris re: Grand Jury PLANNING STAFF 1) RE #824 - Kennedy APPROVALS: 2) ZPMH #1129 - Somers RESOLUTIONS: 1) Approve request to waive bid procedure for Oil and Gas Lease from Cache Exploration, Inc. and Conquest Oil * 2) Approve Lease Agreement with Weld Library District * 3) Approve Memorandum of Agreement with Weld Library District * 4) Approve Vision Care Contract * 5) Approve Dental Care Contract * 6) Approve Cooperative Reimbursement Agreement between County Attorney and Dept. of Social Services * 7) Approve Contract with Child Abuse Resource and Education, Inc. * 8) Approve amendments to Final PUB Plat, Beebe Draw Land Company, Ltd. - First Filing * 9) Approve Agreement with Daniel I. Correll * 10) Approve Zoning and Building Code Investigation Fee Moratorium * 11) Approve decision of Board to comply with Greeley Municipal Code relating to smoking in public places * 12) Approve Transfer and Assignment of Cable T.V. Franchise to Southwest Cablevision, Limited ORDINANCES: * 1) Emergency Ordinance #133-C - In Matter of Supplemental Appropriation for 1985 * 2) Final Reading of Ordinance #119-C concerning Revisions to Building Code Ordinance * Signed at this meeting RESOLUTION RE: APPROVE LEASE AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND THE WELD LIBRARY DISTRICT BOARD OF TRUSTEES 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 Lease Agreement between Weld County, Colorado, and the Weld Library District Board of Trustees, for the building located at 2227 23rd Avenue, Greeley, Colorado 80631 , and WHEREAS, the term of said Lease Agreement is from January 1 , 1986 , through December 31 , 1991 , with the further terms and conditions being as stated in the Lease Agreement, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it advisable to approve said Lease Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Lease Agreement between Weld County, Colorado, and the Weld Library District Board of Trustees be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Lease Agreement. rc-J Page 2 RE: LEASE AGREEMENT - LIBRARY BOARD OF TRUSTEES The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D. , 1985. ATTEST: BOARD OF COUNTY COMMISSIONERS f' it',✓.�_'_ ,.,r.n = %�.:_,w:`.,N-,✓ WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board J cgu ine Jotnson, Chairman ED BY: Si_ /`�_/�1�Q Gene R.Gene R. Brantner, Pro-Tem Deputy/County/ lerk ,D APPROVED AS TO FORM: C.W. `Klr ;4* y EXCUSED �,L--e ---770-7712-4-r--- Gordon Lacy County Atttor e y -` Fra Yamagu� LEASE AGREEMENT // THfIS LEASE AGREEMENT, made and entered into this &CJTN, day of )ECE Oe r , 19 /SC , by and between THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, hereinafter referred to as "Landlord, " and THE WELD LIBRARY DISTRICT BOARD OF TRUSTEES, hereinafter referred to as "Tenant. " The parties agree as follows: WITNESSETH: In consideration of the covenants and agreements hereinafter set forth, the Landlord hereby leases to the Tenant the following described real estate, to-wit: The building located at 2227 23rd Avenue, Greeley, Colorado 80631. Section I - Term. The term of this Lease Agreement shall commence on the first day of January, 1986 , and shall continue for a period of five years whereupon on the thirty-first day of December, 1991 , it shall automatically terminate by its own terms unless, at least one hundred eighty (180) days prior to the expiration date and in accordance with Section VI, the Landlord and Tenant agree, in writing, to extend the term of such Lease Agreement. Section II - Rental. The rent to be paid by the Tenant to the Landlord for the above-described premises shall be at the rate of ONE DOLLAR ($1 .00) per year, payable on the first day of each year this Lease Agreement is in effect. Section III - Maintenance of Premises. A. Tenant' s Responsibilities. Tenant shall, at its sole expenses , keep and maintain the leased premises and appurtenances in good and sanitary condition and repair during the term of this Lease. In particular, Tenant shall keep the fixtures in the building or on or about the leased premises in good order and Page 1 of 6 Pages repair including, but not limited to, the lawn, landscaping, and parking area; keep the furnace clean; keep the entire premises free from dirt and debris; keep the walks free from dirt, debris, or snow and ice at its sole expense; and, at its sole expenses, shall make all required repairs on items considered to be of normal wear and tear; further, Tenant, at its sole expense, shall make all required repairs to plumbing, furnace, fixtures, roof, building, or any other portion of the premises. B. Landlord ' s Responsibilities. Notwithstanding any other provision in this Agreement to the contrary, Landlord shall be responsible for any damages to the premises and appurtenances only for those which have resulted from Landlord ' s gross, willful, or wanton negligence or intentional acts or that of its employees, agents, servants or officers. C. Right to Enter. If Landlord acquires knowledge that the demised premises are not kept in good repair and in a clean, sightly, and healthful condition by Tenant as provided in this Lease, Landlord shall give notice to Tenant of the particular deficiencies in accordance with the provisions of Section VI of this Lease. If the Tenant fails to cure or provide documentation of the methods to be used to cure the deficiencies within thirty (30) days, Landlord, as an alternative to considering the Tenant to be in default, may enter or cause its agents, servants, or employees to enter the premises without such entrance causing or constituting a termination of this Lease or an interference with Tenant' s possession of the same premises, and Landlord may then place the premises in the same condition of repair, sightliness, healthfulness, and cleanliness as existed at the date of execution of this Lease, and Tenant shall pay the Landlord, in addition to the rent hereby reserved, Landlord's expenses in repairing the premises. The thirty-day notice provision need not be complied with prior to Landlord' s entry if there are conditions existing on the premises which constitute an immediate threat to the health and safety of the public and the users of the premises. D. Current Repairs. Both parties agree that drainage near the building and the roof are currently in need of repair. Landlord agrees to pay for the cost in excess of Tenant' s responsibility for the first $100 ,000 .00 of said repairs if performed within the first year of this Lease or in subsequent years if the delay is as a result of circumstances beyond the control of the Tenant. Circumstances beyond control of Tenant shall include such things as acts of God, criminal acts of third persons, war, labor stoppage or shortage of materials. Page 2 of 6 Pages E. General Duty. All repairs shall be done in a timely manner by the responsible party. Section IV - Use of Premises. Tenant agrees that the demised premises shall be used and occupied only as a public library and library service and support facility. Section V - Alterations. Tenant shall not have the right to make any alterations to the premises without the prior written approval of the Landlord, which approval shall not be unreasonably withheld. Section VI - Notices. All notices required to be given to Landlord hereunder shall be in writing and sent by certified, return receipt requested, mail to: Board of County Commissioners of Weld County, Colorado, 915 Tenth Street, Greeley, Colorado 80631 . All notices required to be given to Tenant hereunder shall be in writing and sent by certified, return receipt requested, mail, addressed to: Weld Library District Board of Trustees, 2227 23rd Avenue, Greeley, Colorado 80631 , provided that the parties, or either of them, may designate, in writing, from time to time, subsequent or supplementary persons or addresses in connection with said notices. The effective date of service of any such notice shall be the date such notice is received by Tenant or Landlord. The effective date of service of any such notice shall be the date such notice is received by Tenant or Landlord. Service of notice may also be accomplished in a manner consistent with Colorado Rules of Civil Procedure provisions on personal notice. Section VII - Insurance. During the term of this Lease, Tenant shall obtain fire and casualty insurance on the contents of the property and Tenant shall require that Landlord be named as an additional insured. Page 3 of 6 Pages Section VIII - Non-Liability. A. Contents. Because Tenants are responsible to insure contents of the premises, Landlord shall not be liable for the loss or any damage to any property of Tenant or Tenant' s officers, employees, clients, guests, or invitees at any time located in the leased premises, or on or in the lands and buildings constituting the same whether due to theft or suffered by reason of fire, water, rain, hail, lightning, explosion, or any other cause. Tenant covenants and agrees that it will indemnify and save harmless Landlord from all demands, claims, costs, causes of action, or judgments, and from all expenses that may be incurred in investigating or resisting the same arising from any of the above-described losses except where those claims arise out of the gross willful and wanton negligence or intentional acts of the Landlord or its employees, agents, servants and officers. B. Personal Injury. Further, Landlord shall not be liable to any injury to Tenant or any person from any cause relating to the Tenant' s use of the leased premises except those injuries caused by the acts or omissions of the employees, agents, servants and officers of the Landlord, whether acting by contract with the Tenant or otherwise, which shall be the sole responsibility of the Landlord. Tenants covenant and agree that they will indemnify and save harmless Landlord from all demands, claims, costs, causes of action, or judgments and from all expenses that may be incurred in investigating or resisting the same arising from or growing out of any injuries described herein and which were not as a result of the acts or omissions of the employees, agents, servants, and officers of the Landlord. Section IX - Utilities. All utilities including, but not limited to, electricity, gas, and water shall be paid for by Tenant. Section X - Signs. Tenant shall not erect, paint, or maintain any signs whatsoever upon the premises without first securing the written consent of Landlord which shall not be unreasonably withheld. Section XI - Right of Inspection. Page 4 of 6 Pages Landlord reserves and retains for its officers, employees, and authorized representatives the full and unrestricted right to enter the premises for the purpose of inspecting or protecting such premises and of doing any and all things which Landlord may deem necessary for the proper general conduct and operation of County government and in the exercise of Landlord' s police power. Except under emergency, Landlord shall exercise this right only during normal working hours of Tenant and done in such a manner as to not interfere with Tenant' s operations. Section XII - Waivers. No waiver or default by Landlord of any of the terms, covenants, or conditions hereof to be performed, kept and observed by Tenant shall be construed as, or operate as, a waiver by Landlord of any subsequent default of any of the terms, covenants, or conditions herein contained to be performed, kept, and observed by Tenant. Section XIII - Default. If the Tenant fails, refuses, or neglects to follow any of the terms and conditions of this Lease Agreement, Landlord shall become entitled to repossess the premises upon giving Tenant detailed notice of such breach of this Agreement in accordance with Section VI herein at least sixty (60) days in advance. The Tenant shall be entitled to use the sixty-day period following the service of such notice to cure such defects. Following the end of the sixty-day period following the service of such notice, Landlord shall give an additional ten-day notice of intent to repossess the premises if such breach has not been remedied and Tenant has refused to vacate the premises. In those circumstances, Landlord may use such remedy as it may deem fit under the circumstances to repossess the same with or without due process of law. Section XIV - Amortization If this Lease shall fail to be renewed after the first five-year term, Tenant shall be entitled to partial reimbursement for repairs or improvements made to the premises at Tenant's expense. Tenant shall not be entitled to such reimbursement for the repairs described in Section III.D. nor for any minor repairs or alterations, those being the alterations costing less than $5 ,000 .00 . Reimbursement would be based upon the five-year life of any eligible repair or alteration. Page 5 of 6 Pages IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be executed as of the day and year first written above. LANDLORD: ATTEST: 1111 � BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Geld County Clerk and Recorder and Clerk to the B rd By: ha rma By: Deputy ounty erk TENANT: ATTES Zi BOARD OF TRUSTEES WELD LIBRARY DISTRICT By. � ..1., Page 6 of 6 Pages RESOLUTION RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND THE WELD LIBRARY DISTRICT AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County desires to assist the Weld Library District by providing certain financial and employment services, and WHEREAS, the Board has been presented with a Memorandum of Agreement between Weld County and the Weld Library District, and WHEREAS, the term of said Memorandum of Agreement is from January 1 , 1986 , through December 31 , 1986 , with the further terms and conditions being as stated in the Memorandum of Agreement, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, the Board, after study and review, deems it advisable to approve said Memorandum of Agreement.. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Memorandum of Agreement between Weld County and the Weld Library District be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Memorandum of Agreement. Fe.. - r Page 2 RE: MEMORANDUM OF AGREEMENT - WELD LIBRARY DISTRICT The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: ; _ WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board J o f evJ h son, Chairman BY: /'L�j EXCUSED //�/ Gene R. Brantner, Pro-Tem DeputfCounWte rk �✓ APPROVED AS TO FORM: C.W' irJ5y EXCUSED Gordon E. Lacy ,p�,y . County t o ey � � `mot Fran Yamaguc �� OMMEMOMML MEMORANDUM. OF AGREEMENT BETWEEN WELD COUNTY AND WELD LIBRARY DISTRICT , HIS AGREEMENT, made and entered into this Q oYt day of 1985 , by and between the Weld Libra:-y District (hereinafter called "Library") and the County of Weld (hereinafter called "County") . WITNESSETH: WHEREAS, County desires to assist Library in providing library services in Weld County by providing certain financial and employment services, and WHEREAS , Library desires the assistance of County in administering library programs in the most efficient manner. WHEREAS , County and Library intend to merge the existing County library into the District to be governed by the Board of Trustees of the Library District. NOW, THEREFORE, for and in consideration of the promises and mutual agreements contained herein, Library and County hereby agree as follows! 1 . County shall provide all necessary treasury and accounting functions for Library to include maintaining funds, processing of payables, warrant reconciliation , journal entries, maintenance of a general ledger, monthly and annual financial reporting, grant accounting and reporting, and any managerial accounting reports required by Library. 2. County shall administer insurance programs and policies. 3 . The audit of the Library' s financial reporting and grant reporting shall be done in conjunction with the County' s annual audit and included in all County audit reports. Library shall pay for any audit costs attributed to the Library audit requirements. Page 1 of 4 Pages 4 . The Library shall act on their annual budget no later than November first of the preceding fiscal year and forward said budget to the Board of County Commissioners of Weld County. 5 . County agrees to indemnify and hold harmless Library and to pay all judgments arising out of the acts or omissions of any County officers, employees, agents, or contractors pursuant to this contract and to insure or self-insure County against any such risks except that in the event this provision and the provisions of Sections III and VIII of the Lease of the premises at 22.27 23rd Avenue are in conflict, the terms of the Lease shall prevail . 6 . County shall provide employees of the Library to perform the duties and responsibilities of Library. Said employees shall be employees of County and shall operate under the Personnel Policies and Procedures of Weld County, with the exception that the Library Board of Trustees, instead of the Board of County Commissioners, shall have final determination of all grievances brought by said employees. The Library Board shall have the right to select said employees and shall set the salary levels of said employees. Library shall fully reimburse County for the cost of said employees ' salaries, fringe benefits, workers compensation, and unemployment insurance costs. 7 . Library shall adopt Weld County' s Purchasing procedures to be used for purchases of all materials , supplies, and contract services. County shall monitor all payments to insure said procedures are followed prior to payment of Library' s funds. Any variation of the purchasing procedures shall be transmitted in writing to the Board of County Commissioners as adopted or amended by the Library Board. The Library shall be responsible to insure that said purchasing procedures comply fully with any grant funding requirements prior to adoption. 8 . County agrees to provide computer services at the same rate as the schedule adopted by the Board of County Commissioners for County Departments. 9 . County agrees to provide building and grounds services including custodial repair and maintenance functions but County shall not be obligated to hire or contract for services if resources or expertise are not available to provide such services Page 2 of 4 Pages to the Library. Library agrees to pay all such services at County' s actual cost. 10 . (a) County agrees to allow use of bookmobiles and other vehicles by the Library and to provide repair and maintenance functions and Library agrees to pay County' s actual costs for acquisition, repair and maintenance. (b) Vehicles necessary for Library functions not currently owned by the County may be acquired by the County and repaired and maintained as set forth in paragraph 10 (a) . Library may acquire vehicles in its own name, which vehicles shall be maintained and repaired by County as set forth in 10 (a) . 11 . County agrees to provide printing and supply services at the same rate as the schedule adopted for County Departments. 12. County agrees to provide phone services at the same rate as the schedule adopted by the Board of County Commissioners for County Departments. 13. All functions described in paragraphs 1 , 2 , 3 and 7 shall, in addition to general administrative functions, be paid for by the Library at a rate of $15 ,000.00 in the first year of this contract and a rate in succeeding years not to exceed the previous year' s rate plus a percentage increase determined by the annual rise in the Consumer Price Index. 14 . The term of this Memorandum of Agreement shall begin on January 1 , 1986 , and shall continue through December 31 , 1986, and shall be renewed annually unless a party serves the other party with a written notice on or before November 1 of each year indicating its intent not to renew the contract. This Agreement may he updated, modified, revised, renegotiated, or canceled at any time by mutual consent and in writing by both parties to accommodate changing conditions. 15. All notices required to be given hereunder shall be in writing and sent by Certified Mail, return receipt requested, to: Board of County Commissioners of Weld County, Colorado, 915 Tenth Page 3 of 4 Pages Street, Greeley, Colorado 80631 , and to Weld Library District Board of Trustees, 2227 23rd Avenue, Greeley, Colorado 80631 , provided that the parties, or either of them, may designate, in writing, from time to time, subsequent or supplementary persons or addresses in connection with said notices. The effective date of service of any such notice shall be the date such notice is received by Tenant or Landlord. Service of notice may also be accomplished in a manner consistent with Colorado Rules of Civil Preedure provisions on personal notice. IN WITNESS WHEREOF, be duly parties ha caused this agreeme t to executed this 717 day of / tarilO Cl 19 J ATTEST: �7 Qu? _ �y' �. _ ,,/ BOARD OF COUNTY COMMISSIONERS Weld County Clerk and Recorder WELD COUNTY, COLORADO and Clerk to the and i^ BY- By: C irm Deputy County erk ATTEST. BOARD OF TRUSTEES B o / (//51“J � WELD LIBRARY DISTRICT By: Pre l • Page 4 of 4 Pages RESOLUTION RE: APPROVE 1986 VISION CARE PROGRAM CONTRACT BETWEEN WELD COUNTY, COLORADO, AND THE WELD COUNTY ASSOCIATION OF OPTOMETRISTS AND OPHTHALMOLOGISTS 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 1986 Vision Care Program Contract between Weld County, Colorado, and the Weld County Association of Optometrists and Ophthalmologists has been presented to the Board, and WHEREAS, the amount of said Contract for the Vision Care Program for the Weld County Department of Social Services shall • not exceed $10,000 .00 , and WHEREAS, the further terms and conditions are as stated in the Contract, a copy of which is attached hereto and incorporated herein by reference, and• WHEREAS, the Board, after reviewing said Contract, deems it advisable to approve same. • NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the 1986 Vision Care Program Contract Association of Optometrists and the Weld Ophthalmologists be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Contract. i . � _ 2 � 7s_ Page 2 RE: 1986 VISION CARE PROGRAM CONTRACT The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D. , 1985 . - BOARD OF COUNTY COMMISSIONERS ATTEST: ( WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board J cque ine Jo on, Chairman �j Wei EXCUSED BY: /��Gp/�[1 Gene R. Brantner, Pro-Tem Deputy Countyk /`-C APPROVED AS TO FORM: C.W.Kirb9 J EXCUSED Gord Lacy Frank Yea'guc . ��%�� a CONTRACT FOR VISION CARE THIS AGREEMENT made and entered into this 23rd day of December , 1985, by and between the BOARD OF COUNTY COMMISSIONERS OF THE COUTY-OF WELD, STATE OF COLORADO, hereinafter referred to as "County" and the WELD COUNTY ASSOCIATION OF OPTOMETRISTS AND OPHTHALMOLOGISTS, hereinafter referred to as "Association", co cal+ WITNESSETH: rn cl For and in consideration of the mutual promises and obligations set forth herein, the parties hereto mutually agree as follows: 1. Purpose. The purpose of this agreement is to set forth the framework under which the Vision Care Program of the Weld County Department of Social Services shall be administered. The sum of $10,000.00 has been appropriated by County for said program for calendar year 1986. It is the mutual agreement and understanding of the parties hereto that the total amount to be paid by County during calendar year 1986 shall not exceed said $10,000.00 and that when this budgeted amount is depleted, no provision shall be made for further vision care services. Participating optometrists and ophthalmologists, as well as social services staff must cooperatively monitor use of this program in order to utilize the limited funds effectively and efficiently. 2. Eligible Recipients. County shall be responsible for payment for eyeglass services provided by members of the Association to eligible recipients only after County has provided prior written authorization for such services to a member of the Association. Eligibility for such services shall be within the sound discretion of the County, but shall be available only where alternative resources such as MEDICAID are not available. 3. Qualifications of Providers. Only members of Association who are in good standing in their respective accredited society and/or Association shall receive appointments as participating members of County's Vision Care Program. 4. Fees for Services. The following schedule sets forth the reasonable fees which members of the Associa- tion may charge the County and/or recipients during the term of this contract: A. The recipient shall pay a $5.00 fee for his examination plus, if glasses are prescribed and ordered, a $5.00 fee for the glasses, and all other costs that exceed the maximum allowances before receipt of the lenses and frames. B. If the recipient chooses deluxe/photogray lenses, any additional costs for such lenses shall be paid by recipient, and in no event shall such additional charges be paid by County. If the recipient's choice of lenses or frames exceeds the standard allowance by more than $30.00, that recipient must assume responsibility for the entire amount due, with no payment made by the County. C. The basic examination fee shall be $28.00, of which County shall pay $23.00 and the recipient shall pay $5.00. • _ 2 - D. If tonometry is essential and is performed, the examining doctor shall bill County an additional $4.00 for this service. E. The costs of lens shall be billed to County according to the following schedule: (1) Single Vision Lenses $10.00 (2) Bifocal Lenses $14.00 (3) Trifocal Lenses $18.00 A laboratory prescription fee, based on prices for lenses from the current Bausch & Lomb price list shall be paid by County in addition to the schedule set forth above. F. County shall pay the sum of $10.00 as a standard frame service allowance and in addition, shall pay the actual laboratory costs of the frame up to a maximum of $12.00 based on the manufacturer's current price list. If a lover priced frame is used, County shall be billed the lower cost. If a higher priced frame is used, the recipient shall pay any costs exceeding the $12.00 maximum allowance, and in no event shall County be required to pay in excess of $12.00 for said frames. G. Temples and minor frame repairs not exceeding $5.00 cost shall be billed to County at their customary charge. Lens and frame replacements are to be billed as set forth above. 5. Adjudicating Committee. A committee consisting of representatives of the Association shall recommend policies and initiate procedures for this Vision Care Program and shall review the billings and adjudicate, consistent with this Agreement, any unusual fees. The billings shall be reviewed and adjudicated by the committee on a bi-monthly basis through the month of September, after which the Committee shall review billings on a monthly basis in October, November, and December. 6. Submittal of Vouchers. When submitting vouchers for payment, members of Association must include with such vouchers the authorization form set forth in paragraph 2 above and shall itemize all costs. Together with the itemized fees for services and laboratory costs, such statement must show the recipient's name, prescription, type of lens provided - (single vision, bifocal, or trifocal) , and the amounts paid by the recipient/patient. Failure to comply with these provisions shall result in disapproval of the charges by the Adjudicating Committee. 7. Members of Association - Independent Contractors. It is expressly understood by the parties hereto that members of the Association are not employees of County, but are independent contractors and shall be solely respon- sible for their actions and those of their employees. 8. Amendment. This Agreement may be amended by the parties hereto at any time, provided such amend- ment is reduced to writing, signed by both parties and incorporated herein as an amendment. _ 3. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: e• 6 - `^AW F.Lkvtc/LCC,, Weld County Clerk and Recorder and Clerk to the Board By: � �E Dep ty Co Clerk BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO • Bye airman APPRO AS TO FO • -v County Attorney WELD COUNTY ASSOCIATION OF OPTOMETRISTS AND OPHTHALMOLOGISTS By: ' l3, ✓ tom// 0 Member • W ember • 4-1 # 0 L. Chairman (01 WELD COUNTY DEP OF SOCIAL� SE ICES By: Sir/ .t ��Gt� Dir for RESOLUTION RE: APPROVE 1986 DENTAL CONTRACT BETWEEN WELD COUNTY, COLORADO, AND THE WELD COUNTY DENTAL SOCIETY 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 1986 Dental Care Contract between Weld County, Colorado, and the Weld County Dental Society has been presented to the Board of County Commissioners for approval, and WHEREAS, the total amount of said Contract shall be 68 ,000 .00 , with the further terms and conditions being as stated in the Contract, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, the Board has studied said Contract and deems it advisable to approve same. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the 1986 Dental Care Contract between Weld County and the Weld County Dental Society 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 23rd day of December, A.D. , 1985 . ATTEST: _ `` BOARD OF COUNTY COMMISSIONERS t` = ✓ WELD COUNTY, COLORADO iy Weld County Clerk and Recorder and Clerk to the Board J\ cqu ine J h son, Chairman EXCUSED BY: p Gene R. Brantner, Pro-Tem Deputy, ounty Jerk APPROVED AS TO FORM: C.W. �Kirb , ��-11 l EXCUSED Gordon E. Lac County Attorney Frank amagu CONTRACT FOR DENTAL CARE This agreement made and entered into this 23rd day of December , 1985, by and between the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, hereinafter referred to as "County" and the WELD COUNTY DENTAL SOCIETY, hereinafter referred to as "Society". WITNESSETH: For and in consideration of the mutual promises and obligations set forth herein, the parties hereto mutually agree as follows: 1. Purpose. The purpose of this agreement is to set forth the framework under which the Dental Care Program of the Weld County Department of Social Services shall be administered. The sum of $8,000.00 has been appropriated by County for said program for calendar year 1986. It is the mutual agreement and understanding of the parties hereto that the total amount to be paid by County during calendar year 1986 shall not exceed said $8,000.00 and that when this budgeted amount is depleted, no provision shall be made for further dental care services. Participating dentists, as well as Social Services staff, must cooperatively monitor use of this program in order to utilize the limited funds effectively and efficiently. 2. Eligible Recipients. County shall be responsible for payment for dental services provided by members of the Society to eligible recipients only after County has verified eligibility either in writing or orally. Eligibility for such services under this program shall be within the sound discretion of County, but shall be available only where alternative resources such as MEDICAID, MEDICARE, or OLD AGE PENSION benefits are not available. For all applicants for services who are over the age of 60, the Colorado Old Age Pension Dental Program shall be utilized. 3. Qualifications of Providers. Only members of Society who are in good standing in their accredited Society and/or Association shall receive appointments as participating members of the County Dental Program. 4. Fees for Services. A. Fees for services shall be charged by participating dentists in accordance with the schedule set forth in Society's current "Fee Schedule for County Indigents". Services shall be limited to emergency dental care and after providing dental care relating to an acute episode, the dentist shall refer the patient to available federally-funded clinics in order to secure non-emergency care. B. Prompt billing for completed services is imperative. No authorization shall be made for billings submitted more than 120 days after the date of service. C. The maximum coverage under the agreement shall be the sum of $60.00 per person per year, and the patient shall be responsible for paying 10% of the billed amount. Any charges in excess of $60.00 shall be the sole responsibility of the patient- recipient. The dentist rendering services shall be responsible for collection of any amounts for which the patient-recipient is responsible. 1 _ 4 _ 5. Adjudicating Committee. The Adjudicating Committee, consisting of representatives of the Dental Society, shall recommend policies and initiate procedures for this Dental Contract, and shall review the billings and adjudicate, consistent with this Agreement, any unusual fees. Decisions of this committee shall be final and binding to all doctors who participate in this contract. It is expressly understood, however, that any member of the Weld County Dental Society may be present at any meeting of such committee and have full opportunity to examine the books to see that the funds are divided fairly and without prejudice among all participating doctors who have performed services. The members of this committee act only as agents for the Society and in no case shall they be held personally liable for such acts. 6. Submittal of Vouchers. Vouchers for payment shall be submitted to the Weld County Dental Society, c/o Gilbert H. Sydney, DDS, P.C. , 3705 West 12th Street, Greeley, Colorado 80634. When submitting vouchers for payment, members of the Society shall itemize all costs. Together with the itemized fees for services and laboratory costs, such statement must show the recipient's name, description of services rendered, and the amounts paid by the patient- recipient. Failure to comply with these provisions shall result in disapproval of the charges by the Adjudicating Committee. 7. Members of Society Independent Contractors. It is expressly understood by the parties hereto that members of the Society are not employees of County but are independent contractors and shall be solely responsible • for their actions and those of their employees. 8. Amendment. This agreement may be amended by the parties hereto at any time, provided such amend- ment is reduced to writing, signed by both parties and incorporated herein as an amendment. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. 1 1 . ATTEST: f � ��' BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Boa B 1' 1Y�yrR �'�'�3t� By: /flQ/a Bo r Chairman Deputy County erk WELDUNTY�DENT C TY APPROVED AS TO FORM By: 'ilE°V---C-.:4671 dentCounty Attorney 7/ >es } Cfiai WELD DEPARTMENT OF SOCIAL SERVICES By: Dir for p RESOLUTION RE: APPROVE COOPERATIVE REIMBURSEMENT AGREEMENT BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND THE WELD COUNTY ATTORNEY'S OFFICE • WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Department of Social Services has presented the Board with a Cooperative Reimbursement Agreement whereby the Weld County Attorney' s Office will provide back-up legal services to the Weld County Department of Social Services IV-D program, for the period from October 1 , 1985 , through September 30 , 1986 , for a fee of $71 ,000.00 , and WHEREAS, the Board, after review, deems it advisable to approve the Cooperative Reimbursement Agreement, a copy of which is attached hereto and incorporated herein by reference, and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Cooperative Reimbursement Agreement between the Weld County Department of Social Services and the Weld County Attorney' s Office be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D. , 1985. ATTEST: �l /; BOARD OF COUNTY COMMISSIONERS a ^'- WELD COUNTY, COLORADO Weld County C1'erk and Recorder � ,,,, �� and Clerk to the Board cgu ine J son, Chairman BY:• " EXCUSED W4,7 Gene R. Brantner, Pro-Tem Deputf Coun Clerk D� APPROVED AS TO FORM: C. W. Kirby' EXCUSED Gordo LL�a///S�/y /J County Att rney12i '� !� Frank Yamag�� -- IS � _r 12 • Q A - - 1„ 0-K-4- al Contract Number (State Use Only) J COOPERATIVE REIMBURSEMENT AGREEMENT WELD COUNTY DEPARTMENT OF SOCIAL SERVICES This agreement is executed as of October 1 , 19 85 by and between Thomas 0. David (hereinafter "Attorney") Weld County Attorney and the Weld County Department of Social Services (hereinafter "Department") : WITNESSETH THAT WHEREAS, the Department, under Part D of Title IV of the Social Security Act, 45 CFR Parts 232, 301, 302, 303, 304, 305, and 26-13-101, et.seq, CRS 1973, as amended, has been delegated responsibility for the development and implementation of a program to secure support and establish paternity for children receiving AFDC benefits and those otherwise eligible but not receiving an assistance payment grant, and WHEREAS, the Department desires to enter into an agreement with the Attorney to: 1) assist the Department in providing the services necessary to establish paternity, establish support ob7.igations,and secure support for children receiving AFDC and those otherwise not receiving an assistance payment within the meaning of Federal regulations pertaining thereto upon application for such services, and WHEREAS, the Attorney is desirous of entering into such an agreement with the Department; Now, THEREFORE: The Department and Attorney, in consideration of the promises and mutual convenants as hereinafter contained, do hereby agree as follows: 1. Scope of Services Services shall be provided to AFDC grant recipients and to non-AFDC individuals upon application by the Attorney in compliance with Exhibit I entitled, Scope of Services, a copy of which is attached hereto and made a part hereof by reference. 2. Duration of Agreement This agreement shall be in effect from October 1 19 85 , through September 30, 1986 , but not to exceed twelve (12) months. 1 3. Renewal This agreement may be renewed by mutual consent, provided that each renewal shall be for a period not to exceed twelve (12) months. Each renewal shall be reduced to writing on Form CSE-5, "Renewal of Agreement", properly executed, and made a part of this agreement. Said renewals shall contain appropriate .amendments to Exhibit II, Cooperative Reimbursement Agreement Personnel; and Exhibit III, "Cooperative Reimbursement Agreement Budget". Said renewals are expressly made subject to the approval of the Executive Director, Colorado Department of Social Services, or his designee; however, the State of Colorado, the Colorado Department of Social Services, the Executive Director, or his designee, are not parties to the agreement. 4. Personnel The Attorney shall identify all personnel by title, who shall provide services pursuant to this Agreement in Exhibit II, entitled "Cooperative Reimbursement Agreement Personnel", a copy of which is attached hereto and made a part hereof by reference. The actual hourly wage rate, including fringe benefits, and estimated hours and percent time, of each of these personnel shall also be identified in Exhibit II. 5. Payment A• Payment shall be made on the basis of Exhibit III, entitled "Cooperative Reimbursement Agreement Budget", a copy of which is attached hereto and made a part hereof by reference, for services provided pursuant to Exhibit I. The Cooperative Reimbursement Agreement Budget shall establish the maximum reimbursement which shall be paid from combined county, State and Federal funds during the duration of this agreement. B. the Attorney shall submit monthly billings for actual costs incurred pursuant to Exhibit I of this agreement to the Department in accordance with the rules and regulations of the State Department of Social Services. The Department shall pay the Attorney upon receipt of such billing as follows: 1) Personal services costs (wages or salaries and employee benefits) determined by multiplying the number of hours worked by the Attorney and his/her employees to provide services under this agreement by their actual hourly rates including employee benefits. 2) Operating expenses are determined by an allocation method distributing costs equitably to all activities of the Attorney's Office. Operating expenses include supplies, materials, equipment, printing, reproduction, rent, normal telephone charges, utilities, repairs and maintenance. • 3) Direct charges for travel related to providing services under this agreement. All expenditures for out-of—state travel for which reimbursement is requested must receive prior written approval of } the State Department of Social Services. 4) Direct charges for reasonable and essential short term training for staff providing services under the agreement. All training for which reimbursement is requested must receive prior written approval of the State Department of Social Services. 5) Specific direct charges for other costs related to providing services under the agreement including filing fees, long distance telephone calls, blood tests, polygraph tests, expert witness fees, transcripts, and services purchased from subcontractors. 6) All other expenses must receive prior written approval by the State Department. These may include, but are not limited to, capital outlay, automated data processing, lease or purchase of vehicles, and purchase of services from subcontractors. C. Federal reimbursement of costs incurred pursuant to this agreement is expressly contingent upon the availability of federal funds. D. Attorney shall not bill department for and shall not be reimbursed for time involved in activities outside of those defined in Exhibit I, unless prior written approval of the department and state department is obtained. _ 6. Duties of the Department The Department shall provide the Attorney with all pertinent information available to the extent that such information is relevant to the services to be performed pursuant to this agreement. 7. Termination for Convenience This agreement may be terminated without cause by either party upon written notice of at least thirty (30) days. Upon such termination, the Attorney shall furnish to the Department, as property of the Department, all property, records and pertinent information which the Department provided under this agreement. When the attorney provides said property, records and information to the Department, the Department shall pay the Attorney for actual costs incurred through the last day of this agreement in accordance with clause S entitled, "Payment". 8. Amendment This agreement may be amended in whole or in part by mutual consent, provided that said amendment be reduced in writing on Form CSE-4, properly executed and made a part of this agreement. All amendments are expressly made subject to the approval of the Executive Director, Colorado Department of Social Services, or his designee; however, the State of Colorado, the Colorado Department of Social Services, the Executive Director, or his designee, are not parties of the agreement. 9. Reports, Records, and Retention Periods The Attorney shall maintain such records as are deemed necessary pursuant to the State Department of Social Services' rules to assure a proper accounting for all costs and funds collected. These records will be made available for audit purposes to the U.S. Department of Health and Human Services, the State Department of Social Services, the County Department of Social Services, or any authorized representative of the State of Colorado, and will be retained for six (6) years after the expiration of this contract unless permission to destroy them is granted by the State Department of Social Services. The Attorney shall make financial, program progress and other reports as requested by the County or State Department of Social Services. 10. Equipment Purchased with Federal, State and County Money Equipment with an acquisition cost of less than $300 may be purchased by the Attorney pursuant to this agreement. Equipment with an acquisition cost of $300 or more may be purchased upon prior written approval by the State department and shall be capitalized and depreciated over the useful service life of the equipment. 11. Confidentiality Information provided by the County Department of Social Services in futherance of the aims and purposes of this agreement shall be used only for the purpose intended and in accordance with Federal and State laws and regulations. 12. Safeguarding Information The attorney shall provide for the security of information collected pursuant to this agreement and as provided in the rules and regulations of the State Department. 13. Political Activities None of the funds, materials, property, personnel or services contributed by the United States, the State Department of Social Services or the County Department of Social Services under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office in a manner which would constitute a violation of 5 U.S.C. Sections 1501 et seq. 14. Religious Activity There shall be no religious worship, instruction or proselytization as part of or in connection with the performance of this agreement. 15. Non—Discrimination In connection with the performance of services under this agreement the Attorney agrees to comply with the provisions of the laws of Colorado, the CIVIL RIGHTS ACT of 1964, as amended, the Regulations of the Department of Health and Human Services issued pursuant to that Act, the provisions of Executive Order 11246, EQUAL EMPLOYMENT OPPORTUNITY, dated September 24, 1965, as amended, and Section 504 of the REHABILITATION ACT of 1973, as amended. 16. Studies and Investigations All official reports of cases, recoveries, investigations, studies, etc. , made as a result of this agreement shall acknowledge the support provided Dby the Department of Health and Human Services and Colorado Department of Social Services. . 17. Pederal and State Laws and Regulations This agreement shall be performed in compliance with the Social Security Act, as amended, the Federal regulations and amendments thereto which implement the Social Security Act, and the rules and regulations of the State Department of Social Services, as amended. 18. Subcontracts No subcontract shall be made by the Attorney with any other party for furaishing any services contracted for without the prior written consent, and approval, of the Department. For services provided under any subcontract, the Attorney shall be responsible for contract performance and compliance with the terms and conditions of this agreement. The Attorney shall select subcontractors on a competitive basis to the maximum practical extent consistent with the objectives and requirements of this agreement. 19. Special Provisions The attorney and Department agree to the special provisions described in Exhibit IV, entitled, "Cooperative Reimbursement Program Special Provisions", a copy of which is attached hereto and made a part hereof by reference. 20. Responsibility for Conduct of Individuals The attorney is solely responsible for the conduct of individuals employed by the attorney, or under the direct supervision or control of the attorney, identified in Exhibit II, "Cooperative Reimbursement Agreement Personnel". Governmental functions provided in support of the child support enforcement program by individuals other than those identified in Exhibit II are not the responsibility of the attorney except for acceptance or rejection of the work product of such individuals. EXHIBIT I SCOPE OF SERVICES Page 1 of 2 • A. Mandatory Services (Check appropriate boxes) AFDC Non—AFDC 1. [ 1.7 [ ✓J PARENTAGE DETERMINATION - Activities related to determining the parentage of dependent children (CRS • / 19-6-101, et seq, 14-5-128) . • 2. 1 1/1 [ ESTABLISHMENT OF THE AMOUNT OF SUPPORT - Activities related to determining the amount of an absent parent's child support obligation including methods and terms of payment (CRS 14-10-115, 19-6-116, 19-7-103, 14-5-125) . 3, ( ✓) ESTABLISHMENT OF THE LEGAL OBLIGATION TO SUPPORT - Activities related to determining an absent parent's legal obligation to support his/her children) (CRS 14-10-115, 19-6-116, 19-7-103, 14-5-125) . 4. 1V1 1 URESA - Activities related to child support enforcement reciprocal support actions (14-5-101, et // seq) . 14/- [ ✓l ENFORCEMENT - Activities to enforce the collection of support including, but not limited to, obtaining judgments (CRCP Rule 54) , executing post judgment remedies (such as continuing wage garnishment - CRS 14-14-105 and 13-54-104(3) , CRCP Rule 103, property liens - CRS 13-52-101, et seq, CRCP Rule 102, CRCP Rule 69) , and obtaining wage assignments (CRS 14-14-107) . 6. 1 7 [!J REPORTING - Activities related to providing statistical, fiscal, and other records necessary for reporting and accountability as required by the State Department and the Department of Health and Human Services (HHS) . Page 2 of 2 B. Other services which may be performed (check appropriate box) and for which a program plan is required: AFDC Non—AFDC 1. (_] [ ] INTAKE - Activities associated with initial child support case opening and information collection. 2. [ ] (_] LOCATE - Activities associated with locating an absent parent and assets of the absent parent. 3. [ J [ "7 FINANCIAL ASSESSMENT — Activities related to determining an absent parent's ability to provide support. 4. [_] [_,__3 COLLECTION — Activities related to monitoring support payments and processing cash flow pursuant to the Finance Staff Manual requirements. S. [_] [ ] INVESTIGATION — Activities related to investigation necessary to accomplish child support enforcement functions. 6. [ ✓] ( �] REPORTING — Activities related to providing statistical, fiscal, and other records necessary for reporting and accountability as required by the State Department and HHS. C. Address(s) and telephone number(s) where services will be provided: EXHIBIT II COOPERATIVE REIMBURSEMENT AGREEMENT PERSONNEL \) A. Instructions . Supervisor: List the name and official title of the person who will set personnel policies, appoint new employees and will otherwise exercise supervisory authority for services to be provided under this agreement. Also include his/her actual hourly rate including employee benefits, the estimated number of his/her hours to be charged under this agreement, and estimated cost. Supervisor Supervisor Actual Hourly Estimated Estimated Name Title Rate Hours Cost THOMAS 0. DAVID, COUNTY ATTORNEY $41.51 85.5 $3,549.10 B. Instructions Personnel: List the name and official title of all personnel who will be providing services under this agreement. Also include his/her actual hourly rate including employee benefits, the estimated number of his/her hours to be charged under this agreement, and estimated cost. Employee Percent Actual Hourly Estimated Estimated Title CSE Time Rate Hours Cost i JAN RUNDUS 80% $41.5I 1,368 $56,803.60 ASSISTANT COUNTY ATTORNEY BRUCE BARKER 5% $41.51 85.5 $ 3,549.10 ASSISTANT COUNTY ATTORNEY MIKE KELLY 5% $41.51 85.5 $ 3,549.10 ASSISTANT COUNTY ATTORNEY LEE MORRISON 5% $41.51 85.5 $ 3,549,10 ASSISTANT COUNTY ATTORNEY - $71 ,000.00 C. Total Personnel Costs (transfer to Exhibit III, item 1) $ DOD. ao EXHIBIT III COOPERATIVE REIMBURSEMENT AGREEMENT BUDGET FOR PERIOD OF OCTOBER I , 1985 THROUGH SEPTEMBER 30, 19 86 . 1. Total personnel costs including employee benefits. (From Exhibit II, item C) $ 71 ,000.00 2. Operating costs (rent, utilities, telephone, supplies, etc. (itemize) S 3. Travel (itemize by purpose) 1 $ 4. Training Costs (itemize) S 5. Specific Direct Costs (itemize) - S 6. Other expenses (itemize) S Total Costs $ 71,000.00 EXHIBIT IV COOPERATIVE REIMBURSEMENT AGREEMENT SPECIAL PROVISIONS The Attorney will be physically present at the IV-D Office eight to sixteen hours per week, g Participate in educating and training the Unit on legal issues and terminology. Advise the IV-D Administrator of changes , legal issues or problems as they occur. Adhere to the written procedures in the IV-D manual to insure timely and efficient processing of legal documents. Advise the Courts of issues that may impact the Courts. Provide documentation in the case file on the contact sheet of all activity and miscellaneous contacts occurring during the time the case was referred to the Attorney. Maintain a log of cases worked and time sheets for auditing and billing purposes. IN WITNESS WHEREOF Department and Attorney have caused this agreement to be executed by their respective officers duly authorized to do so. This agreement is expressly made subject to the approval of the Executive Director, Colorado Department of Social Services, or his designee; however, the State of Colorado, the Colorado Department of Social Services, the Executive Director, or his designee, are not parties of the agreement. ,,ci-Mcl �� i j/brr Count Director D if/ v ' l i Attorney Date �� mbe Count ard� of Date Social Services e er County Bo d of _ Date Social Services APPROVED: STATE OF COLORADO RICHARD D. LAMM, GOVERNOR 7 Member County Boar of Date Social Services r Fnard of County Commissioners RradoDept. 5oci3e5 Weld County, ol By. • ATTEST: —•\ ,r/,�yij - By: / /L4t,CA Deputy County Cl h * If the Board of Social Services resolves to empower the airman of the Board of Social Services to enter into and sign this agreement for the County Commissioners then a copy of the Board's resolution to do so must be attached. RESOLUTION RE: APPROVE CONTRACT BETWEEN WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND CHILD ABUSE RESOURCE AND EDUCATION, INC. , AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Contract between the Weld County Department of Social Services and Child Abuse Resource and Education, Inc. , and WHEREAS, the term of said Contract is from January 1 , 1986, through December 31 , 1986, with an amount not to exceed $21 ,750.00 , and WHEREAS, the further terms and conditions are as stated in the Contract, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, the Board, after studying said Contract, deems it advisable and in the best interest of the citizens of Weld County to approve same. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract between the Weld County Department of Social Services and Child Abuse Resource and Education, Inc. , be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Contract. • • Page 2 RE: CONTRACT - CHILD ABUSE RESOURCE AND EDUCATION, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D. , 1985. ATTEST: �;' , i - BOARD OF COUNTY COMMISSIONERS e :: ;� ��1 : ____,-._; WELD COUNTY, COLORADO id Weld County Clerk and Recorder \``� r"Dncg 1a \�,y1 ine (T4*� 1221' / '. acgb� and Clerk to the Board o nson, Chairman BY: / // j k/` EXCUSED Deputy'County Gene R. Brantner, Pro-Tem Y erk - APPROVED AS TO FORM: C.W. Kir}��L cl-* C_____-Z-7 EXCUSED Gordon E. Lacy County . -----7 ?ice F a Y c CONTRACT THIS CONTRACT, made this 1st day of January, 1986 • and between the Weld County Department of Social Services, 315 North 11th Avenue, Greeley, Colorado, 80631 , hereinafter referred to as the County, and Child Abuse Resource and Education, Inc. , Post Office Box 945, Greeley, Colorado, 80632, hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment, and WHEREAS, required approval , clearance and coordination has been accomplished from and with appropriate agencies, and WHEREAS, under Provision of the Federal Social Security Act, Title II: the U.S. Code of Federal Regulations (CFR) , Title 45, Chapter II , Part 228, et. sec. , and other federal rules derived from the aforesaid Social Security Act, the State secures federal financial participation for information and referral services , and WHEREAS, the State is authorized to provide social services to individuals and families under 26-1-111 and 26-2-222, C.R.C. 1973, as amended, and WHEREAS, those persons eligible for information and referral services are eligible as provided under Title II of the Social Security Act and in accordance with the rules of the state including those persons eligible under the service category without regard to income, and WHEREAS, provisions of Federal and State Law and Rules and any amendments thereto require that certain conditions be met in order for the County to receive State and Federal matching funds for purchased services and such conditions must be continuously met, and WHEREAS, after making maximum utilization of and coordination with other public and volunteer agencies providing similar or related services which may be available without additional cost, the County has established that this Contract is necessary to provide these services and that these services are not available without cost. NOW, THEREFORE, it is hereby agreed that in consideration of the mutal undertakings, promises, and agreements, hereinafter set forth, the County and the Contractor agree as follows: 1. Subject to its other provisions, the term of the Contract shall be from the 1st day of January, 1986 through the 31st day of December, 1986 • Pdco 1 of 8 2. This Contract is subject to the provisions of 456FR228, relevant provisions of CRS 1973, Chapter 26 as amended, Title XX State Plan as amended, and relevant State rules and regulations, as the same shall be amended from time to time. 3. Subject to the terms and conditions set forth in this Contract and Exhibits A and B attached hereto, incorporated herein by reference and made a part hereof, the County agrees to purchase for and the Contractor agrees to furnish to eligible recipients, as determined by the Agent, the necessary services, hereinafter referred to as "Purchased Services ," as determined by the County and provided for in this Contract. a. The purchased services to be provided to all eligible recipients under this Contract are limited to, but need not include, all of those listed below: - 1) Provisions of information on child abuse and neglect to other agencies, community organizations and educational facilities to facilitate appropriate referral and/or their working with clients. 2) Telephone consultation and referral services to concerned citizens and troubled parents. 3) Media releases (newspapers and radio) . 4) Pamphlet and poster distribution. See Exhibit B for detailed budget information. b. The total amount of this Contract is not to exceed $21 ,750.00 See Exhibit B for dr`ailed budget information. c. Reimbursement will be for actual reasonable and necessary costs incurred for services described herein and will be made monthly upon receipt of a monthly statement of costs submitted by the Contractor to the County at the end of each month except that the total reimbursement for services which the Contractor agrees to provide for the full period of the Contract is not to exceed $21 ,750.00. Costs expended pursuant to this Contract shall be solely for the cost of the purchased services as provided herein and other activities which are essential to the management and support of such services. ,f 8 NOW, THEREFORE, it is further mutually agreed as follows: 1 . DUTIES OF THE CONTRACTOR 1 . Provide necessary services at the location shown as the address of the Contractor or anywhere within Weld County. 2. Conform with and abide by all State and Federal laws, rules, and regulations, as such may be amended from time to time, and which shall be binding on the Contractor and control in any disputes concerning this Contract. 3. Meet the requirements of and maintain all necessary current _ licenses and comply with the rules of the State applicable to this Contract and otherwise meet State and Federal standards in order to provide the services specified in this Contract. 4. Abide by all applicable provisions of Title VI and VII of the Federal Civil Rights Act of 1964 and regulations of the Department of Health and Human Services promulgated pursuant thereto. 5. Maintain fiscal books, records, documents, other evidence, accounting procedures and practices which: a. Sufficiently and properly reflect all direct and indirect costs of any nature incurred in the performance of this Contract. b. Shall be subject at all reasonable times to inspection, review or audit by the County, the State, Federal officials and/or others authorized in writing by the County. All exceptions of a monetary nature resulting from such reviews, inspections and audits shall be subject to recoupment. c. Shall be sufficient to provide statistical data of a nautre on a regular basis to produce fiscal statistical reports at times prescribed by and on forms furnished by the County. 6. Maintain service program records and other evidence as provided on Exhibit A, Methods of Evaluation for Performance Objectives. 7. The Contractor will obtain, and maintain at all times during the term of this Contract, a fidelity bond covering the activities of any of its officers or agents responsible for the implementation and/ or administration of this Contract in an amount sufficient to make reparations for any wrongful acts, omissions, or other defalcations a of the Contractor 8. No duties or obligations of the Contractor under this Contract shall _ be assigned without the express written approval of the County. Any subcontracts permitted by this Contract are subject to the requirements of 45 CFR part 228. The Contractor iS responsible for the performance of any subcontractor. 9. No fees shall be imposed by the Contractor related to services provided under this Contract. II. DUTIES OF THE COUNTY 1 . County agrees •to: a. Determine eligible recipients. 1) Those persons eligible for information and referral services are eligible as provided under Title XX of the Social Security Act and in accordance with the rules of the state including those persons eligible under the service category without regard to income, and including any person who needs information to utilize available resources and community services to meet their needs. b. Report purchased services on the proper document as prescribed by the County Department of Social Services. c. Monitor said purchased services for quality and effectiveness at least every six months in order to determine if established purposes are met. d. Provide consultation and technical assistance to providers of purchased services. III . GENERAL PROVISIONS IT IS FURTHER UNDERSTOOD BY COUNTY AND CONTRACTOR THAT: 1 . All books, records and other documents relevant to this Contract shall be retained for five years or until a federal audit is completed, whichever occurs later, after the final payment under this Contract, and State, Federal auditors and any person duly authorized by the State shall have full access to and the right to examine any of said . materials during said period. 2. All applicable Federal and State laws and regulations regarding the confidentiality of the books, records and documents aforementioned will be complied with. 3. The funds used to match Federal monies for use in purchasing services shall not be Federal funds and nor shall these funds be used to match any other Federal monies. 4. This Contract may be cancelled or terminated by either the County or the Contractor during the term of this Contract; however, the party seeking to terminate or cancel this Contract must give written notice of its intention to do so to the other party at its address herein- . above stated, at least sixty (60) days prior to the effective date of cancellation or termination. 5. This Contract contains the entire understanding between the parties and no modification, amendment, renovation, renewal or other alter- ation to this Contract shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon by the parties and embodied in writing. 6. It is understood and agreed that in the event State and Federal funds are not obtained and continued at an aggregate level sufficient to allow for the purchase of the indicated quantity and quality of purchased services, the obligations of each party hereunder shall thereupon be terminated, provided that any formation of this Contract shall be without prejudice to any obligations or liabilities of either party already accrued prier to such termination. 7. Incorrect payments to the Contractor due to omission, error, fraud, or defalcation shall be recovered from said Contractor either by deduction from subsequent payments or by the County as a debt due to the State and the Agent in proportion to the amount paid by each respectively. 8. In no event shall the Contractor be considered nor act directly or indirectly as an employee, servant or agent of the County or any of its agencies, but shall be deemed an independent contractor for all purposes. 9. The violation of any of the mutual undertaking or agreements, duties, and/or general provisions of this Contract shall be grounds for ter- minating the Contract upon sixty (60) days written notice to the other party. The waiver of any violation shall not be construed as a waiver of any other or subsequent violation. If the party in violation of the Contract does not furnish satisfactory evidence of compliance within sixty (60) days, this Contract shall , at the end of such sixty (60) day period terminate and only such obligations as have accrued through the end of such period shall be binding upon the parties hereto. 10. Should Federal audits result in recoupment of funds from Social. Services such total amounts shall be recouped from the Contractor except where such recoupments are due to improper authorizations by the County_ DISCRIMINATION AND AFFIRMATIVE ACTION 1 . The Contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-401 , CRS 1973, as amended) , and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all County contracts or sub-contracts. a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, with regard to the abovementioned characteristics. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post, in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. b) The Contractor will , in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified a , Page 6 of 8 applicants will receive consideration for employment without regard to race, creed, national origin, sex, marital status , religion, ancestry, mental or physical handicap, or age. c) The Contractor will send to each labor union or representative of workers with which he has collective bargaining agreements or other conteacts or understandings, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's committment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. d) The Contractor and ' '5or unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules , regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books , records, and accounts by the contracting agency and the Office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed, color, sex , national origin, or ancestry. f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this Contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this Contract or any order issued there- under, or attempt, either directly or indirectly, to commit any act defined in this Contract to be discriminatory. GENERAL 1 . The laws of the State of Colorado and rules and regulations issued pur- suant thereto shall be applied in the interpretation, execution and enforcement of this Contract. Any provision of this Contract whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict , Page 7 of 8 with said laws, rules and regulations, shall be considered null and void. Nothing contained it any provision incorporated herein by reference which purports to negate this cr any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this Contract to the extent that the Contract is capable of execution. • 2. The signatories hereto aver that they are familiar with 18-8-301, et. seq. , (Bribery and Corrupt Influence) and 18-8-401 et. seq. , (Abuse of Public Office) , CRS 1973 as amended, and that no violation of such provisions is present. 3. The signatories aver that to their knowledge, no state nor county employee has any personal or beneficial interest whatsoever in the service or property described herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written. WELD COUNTY DEPARTMENT' /OF SOCIAL SERVICES CHILD ABUSE RESOURCE AND EDUCATION, INC. BY: /,et -1z/t/C e� yni— • BY:��'c%� / Directs - Eugene Mcl: na President of the Board ATTEST: ipla,.. anwt;thm C? :j '.!eld County Clerk and Recorder and BOARD OF COUNTY COMMISSIONERS Clerk to the Board WELD COUNTY, COLORADO 3Y: �� B • \ LiZr ✓ Deputy C hty Ct ik C;:irma %'f the Bo:rd EXHIBIT A Methods of Evaluation for Performance Objectives The following will be used for monitoring and evaluating the success of the purchase of services agreement for community education and awareness of child abuse and neglect: • 1 . Monthly report submitted to Weld County Department of Social Service::. 2. Random sampling of educational , law enforcement , and community groups who have had programs presented by Child Abuse Resource and Education, Inc . , for evaluation of service_ 3 . Review of evaluation materials and correspondence from outside agencies regarding services received. 4 . Ongoing consultation with supervising staff through Weld County Protective Services concerning development and implementation of programs . Narrative and Objectives • • Community Education and Awareness Protam/ Child Abuse and Neglect Child Abuse Resource and FThication, Inc. (C.A.R.E.) will continue to pra.nte awareness of the issues concerning child abuse and neglect toward a more ca i rehensive response to the problem, throughout Weld County . Communities. Clcia1 s of the progrcuu follow: 1. Enhance education and recognition of child abuse, neglect and child 'safety. 2. Increase motivation to act to protect a child. 3. Develop systems of early detection of the high-risk parent and child such that serious abuse is prevented. 4. Provide awareness programs for children, with creative play groups, material, lectures and films addressing their rights, self-protection and resources (ie: how they get help) . 5. Provide lectures, in-service presentations, materials and films to all persons in a professional responsibility over children, regarding responsibility to report, early detection of at-risk children, and mobilizing their protection. (These include: law enforcement, nurses, educators, bus drivers, foster parents, day care providers, dental hygienist, etc.) 6. Provide parents and the community- with support systems (Parents Anonymous, stress lines groups, volunteers) to reduce risk for abuse and promote the health and welfare of children. 7. Provide parenting education for the high-risk and abusive parent, whereby weekly classes enable parents to learn appropriate methons of discipline and childrearing, greatly reducing the risk for abuse. (program description attached.) A summary of programming completed for the first eleven months (January through November) of 1985 is listed below: Infonnation and referrals: 948 Telephone Consultations: 215 Classes and lectures: 25 Phanphlets and handouts: 7254 Caraunity and service club lectures: 8 In-services to schools/agencies: 71 Media :Newspapers/Magazines llarticles +daily add for P.A. Radio 6Public Service Announcements+ 'hour radio interviews Conferences /Seminars: 3 Oaatau ity Displays: 8 . Volunteer contacts: 44contacts with Advocate, client or both Child Protection Team: 45 Parents Anonymous heetings: 42 Parenting classes 74 CHILD ABUSE RESOURCE &< EDUCATION, INC. 1986 PROPOSED BUDGET REVENUE: UNITED WAY OF WELD COUNTY CONTRIBUTIONS 26,500 SPECIAL EVENTS 1 ,000 • GOVERNMENT AGENCIES 7,000 INCOME INVESTMENTS ?8,200 200 TOTAL SUPPORT & REVENUE 6 ,450 EXPENSES SALARIES EMLOYEE BENEFITS 36,500 500 PAYROLL TAXES 1 ,750 PROFESSIONAL FEES 1 ,750 SUPPLIES 00 TELEPHONE 1 ,600 POSTAGE 2,385 OCCUPANCY 00 RENTAL/MAINTENANCE OF EQUIPMENT 14,090 400 PRINTING & PUBLICATIONS 720 TRAVEL _3=c CONFERENCES &. MEETINGS `00 SPECIFIC ASSISTANCE TO INDIVIDUALS 300 375 MEMBERSHIP DUES MISCELLANEOUS 50 DEPRECIATION 50 450 TOTAL EXPENSES 60,870 U ,.-. Y I O H Z I [n S i I Z i I I I i11 ii I I i I I I j n rn I H j I o o z ' i I I C ti)I , ' m i ' • > n j s Ico I a fit I : z o' ! i y c��af I I onI c aI c` Vj I j1 ' ; 7 I i Z I O CiI ii .Z7 1 I ! H QZ L7 n11 ± ' IIi ! ,,• ,1 i I I ? 1 .7 z . i :H cI I ( i[.I CO yCr7 L 1rl iO SL71 1 ; ' I 1 Z t-' H "• ^ �i_ j I i -� I _� i L1 Iy CI) QI Zj { I 1r � �XI X cnz 1 IIt"et, Ozzv.3 cn A7 I �n 10 c cacryI � yI I { MHil j i I 1 p 0 { z r I I I j i ; z I I I I c I NON-TRADITIONAL PARENTING CLASS A Systematic Approach to Preventing Child Abuse Child Abuse Resource and Education, Inc . Greeley, Colorado NOT FOR DUPLICATION WITHOUT PERMISSION OF CHILD ABUSE RESOURCE AND EDUCATION Page 1 . NON-TRADITIONAL PARENTING EDUCATION Non-traditional Parenting Education seeks to provide preventive parenting services to men and women of child bearing age. In this group primary prevention of child abuse takes the form of educating first time expectant inexperienced high-risk parents of the demands, responsibilities, skills and levels of stress associated with child- rearing; these concepts are learned via teaching by the group leader and by association with group members as they relate their own indiv- idual experiences. Additionally, this opportunity paves the way for the inexperienced parent to form a developmental framework for know- ledge and expectations of his/her child (ren) . Learning through others who share similar stressors and experience is a powerful method of skill acquisition and a significant dynamic operating within the group. Secondary prevention of child abuse and neglect takes the form of re-educating highly stressed and/or inexperienced parents, once it has been established that bona fida difficulties or risks are present within the parent-child relationship. Role playing newly-learned parenting skills adjusting expectations and developing a stronger social support network for the parent are included on this level . In Non-traditional Parenting Education a main goal is to regulate the amount and impact of stress on the individual parent, optimally creating a marriage of newly-acquired child rearing skills and effective coping strategies for the stress commonly associated with this task. Community agencies frequently have limited time available for providing adjustment counseling to the expectant parent. This group provides a main focus on the normal and unique life-style chances in role , skills , marital partners and social activity. These arc only a few of the adjustment problems we identify and address. Page 2 . 11 Another powerful factor evidenced by the group concerns the immature/age-inappropriate parent. Peer pressure is a strong dynamic and is often utilized by members when one of the group clings to a clearly unrealistic/inappropriate parentingote parent tion not serving to promote healthy child development or posit child interaction . Several of the group members have been pregnant during their attendance; oftentimes educational process has shifted to the sub- jects of optimal pre-natal care and medical difficulties as shared by other group members in the past or present . The issue of abor- tion surfaces periodically; even more frequent is the group con- sensus for motivation hereeforctive containingds thef birth family sizerol.wwithinhere exists strong m and planning . reasonable and manageable limits via forethought Group members are relatively vocal and very understanding of these issues as many of them now live daily with the reality of too little planning too late in their development as a parent . The educational and supporting services provided to croup members are unlike any currently existing t hro h ugoutrio other agency e greater Greeley area. Given this unique parent population , p provides equivalent help to persons in such obvious need; therefore , no duplication of services exists . 33.Af Bards 4 Noe Agency .N 5:1:14 INSURANCE - LOANS - REAL ESTATE y` PHONE(303)356-1133...1301 9th STREET...POST OFFICE BOX B...GREELEY.COLORADO 80632 December 3, 1985 • To Whom it May Concern: This is to inform you that Bartels & Noe Agency carries Commercial Blanket Bond for Child Abuse Resource and Education, Inc. The Bond is effective November 16, 1981 , written on the three year annual installment basis. We have billed out second installment in amount of $50.00. The bond is written in amount of $10,000 and covers the personnel and operation of the Child Abuse Resource and Education, Inc. and written through the United States Fidelity and Guaranty Company. Any other information you might need on this, please let us know. • Yours very truly, BARTELS & N0E AG/NCY,' Norman D. oe / r N0N:glc I „, Ina at REALTOR A RESOLUTION RE: APPROVE AMENDMENT TO FINAL PLANNED UNIT DEVELOPMENT PLAN, BEEBE DRAW FARMS AND EQUESTRIAN CENTER, FIRST FILING - BEEBE DRAW LAND COMPANY, LTD. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 23rd day of December, 1985 , at the hour of 9 :00 a.m. in the Chambers of the Board for the purpose of considering an Amendment to the Final Planned Unit Development Plan for Beebe Draw Farms and Equestrian Center, First Filing, and WHEREAS , said Final P.U.D. Plan concerns the following described real estate, to-wit: Sections 3 , 4 , 5 , 8 , 9 and 10 , Township 3 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS , the Board heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission, and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 28 .5 of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 28 .3 .2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan. On July 2 , 1985 , the Board of County Commissioners approved the original Planned Unit Development Plan because the application met the required criteria of the Weld County Zoning Ordinance. b. The amended Final Planned Unit Development Plan conforms to the approved Planned Unit Development district. c. The uses, building and structures permitted shall be compatible with the existing or future N - P Page 2 RE: AMEND FINAL PUD PLAN - BEEBE DRAW development of the surrounding area as permitted by the existing zoning, and with future development as projected by the Weld County Comprehensive Plan. d. The amended Final Planned Unit Development Plan conforms with the performance standards outlined in Section 35 .3 of the Weld County Zoning Ordinance, subject to conditions as listed below. e. The Final Planned Unit Development Plan is not located in an overlay district area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Amendment to the Final Planned Unit Development Plan on the herei nabove escribed ed parcel of land be, and hereby is, approved subject tofollowing conditions: 1 . The applicant submitting Improvements Agreements According to Policy Regarding Collateral for Improvements for a) Access Roads and b) Improvements within the Planned Unit Development approved by the Board of County Commissioners prior to recording the Final planned Unit Development Plan plat. 2 . The following notes being placed on the Final Planned Unit Development Plan plat: • a. The uses permitted in this Planned Unit Development are R-1 (single family dwelling) , R-3 (attached dwelling units of two or more but not more than six dwelling units per legal lot) , recreational uses as described in the application material on file with the Department of Planning Services, and oil and gas production facilities. b. All dwelling units, the indoor and outdoor arenas, stadiums, and the clubhouse shall be located a minimum of three hundred feet from oil and gas drill sites and production facilities. c. The Central Weld County Water District shall provide the water supply to the Planned Unit Development district. The water supply system shall be provided consistent with requirements of Section 8-10 , et seq. , f the Weld County Subdivision Regulations, pursuant to public water supply systems and fire safety requirements. Page 3 RE: AMEND FINAL PUD PLAN - BEEBE DRAW d. The applicant, developer and/or homeowners association shall provide and maintain all roads internal to the Planned Unit Development District. The roads internal to the Planned Unit Development District shall remain private and must comply with design standards listed in Sections 8-1 , et seq. , and 8-2 , et sea. , of the Weld County Subdivision Regulations. e. Additionally, the Beebe Draw Farms and Equestrian Center Property Owners Association and Weld County shall comply with the Road Maintenance and Improvements Agreement regarding impacts to Weld County Roads signed on April 3 , 1985 . f. The applicant, developer and/or property owner shall be limited to fifty single family residential building permits per year until such time that Item #13 of the approved Road Maintenance and Improvements Agreement dated April 3 , 1985 , has been completed to the satisfaction of the Board of County Commissioners. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D. , 1985. BOARD OF COUNTY COMMISSIONERS % ATmTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board acq ine J&j.nson, Chairman EXCUSED BY: hye Gene R. Brantner, Pro-Tem Deput�Count Clerk APPROVED AS TO FORM: - C.W. Kirby ��/ EXCUSED • `_ —7� // / 17-14441"- Gordon E. Lacy 0 County Atto`rne da RESOLUTION RE; APPROVAL OF AGREEMENT BETWEEN WELD COUNTY AND DANIEL I. CORRELL 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 Board has been presented with an agreement between Weld County and Daniel I. Correll for the examination and approval of building plans submitted to the Weld County Department of Planning Services, Building Inspection Division, and WHEREAS, the term of said agreement is from January 2 , 1986 , through December 31 , 1986 , and WHEREAS, under the terms of said agreement, Daniel I. Correll will receive $15 .00 per hour, not to exceed $10 ,000 , and WHEREAS, the further terms and conditions are as stated in the agreement, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it advisable to approve said agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the agreement between Weld County and Daniel I. Correll be, and hereby is, app BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreement. rr Page 2 RE: AGREEMENT - DANIEL I. CORRELL The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of December, A.D. , 1985 . 1.., BOARD OF COUNTY COMMISSIONERS ATTEST: is „,;,, : WELD COUNTY, COLORADO ft Weld County Clerk and Recorder and Clerk to the Board cq ine ki- son, Chairman �j EXCUSED BY: X91 7 �.6 Gene R. Brantner, Pro-Tem Deputy Count Clerk APPROVED AS TO FORM: C.W. Ki b Z� G r 1C . ' County Attorney /---7 Z Fr nk Yamagu i • • No. _ 0046 COUNTY OF WELD, STATE OF COLORADO - STANDARD AGREEMENT T:1IS AGREEMENT, made and entered into this day of , 19 by and between the COUNTY OF WELD, State of Colorado, hereinafter called the County, and Daniel I. Correll hereinafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the County hereinafter expressed, does hereby agree to furnish to the County services and materials, as follows, and/or as described on exhibits attached to and incorporated herein. (Set forth service to be rendered by Contractor, County Department receiving service, Contractor's qualifications, and additional provisions incorporated. ) Examination and approval of the two (2) sets of residential building plans or three (3) sets of commercial and/or industrial building plans submitted with permit applications made to the Weld County Department of Planning Services, Building inspection Division. Plans shall be reviewed in accordance with the requirements of the Weld County Building Code, current edition. Corrections shall be noted on the individual plan sets and check list. A check list shall be completed and attached to each plan review. CONTRACT PERIOD will be from January 2, 1986 through December 31, 1986 . COMPENSATION: County agrees to pay Contractor for services performed hereunder at a rate of $ 15.00 per hour and/or • The total amount paid by County to Contractor under this agreement shall not exceed the sum of $ 10,000.00 ADDITIONAL PROVISIONS set forth on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. COUNTY OF WELD CONTRACTOR DANIEL I. CO ELL C airm Boar f County Commissioners By bL Plans Examiner Title 3424 W. 6th Street, Greeley, Colorado 80631 = APP As To — —— — Address - i Pu si Di ec o of Fi ance & - Administration • ADDITIONAL PROVISIONS 1 . Contractor agrees that it is an independent Contractor and that its officers and employees do not become employees of County nor are they entitled to any employees benefits as County employees as a result of the execution of this agreement. 2. Contractor shall indemnify County, its officers and employees against lia- bility for injury or damage caused by any negligent act or omission of any of its employees or volunteers or agents in the performance of this agree- ment and shall hold County harmless from any loss occasioned as a result of the performance of this contract by Contractor. The Contractor shall provide necessary workman 's compensation insurance at Contractor's own cost and expense. 3. No officer, member or employee of County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in this agree- ' ment or the proceeds thereof. No employee of Contractor nor any member of an employee's family shall serve on a County board, committee or hold any such position which either by rule, practice or action nominates , recommends, supervises Contractor's operations, or authorizes funding to Contractor. 4. Contractor may not assign or transfer this agreement, any interest therein or claim thereunder without the prior written approval of County. 5. Payment to Contractor will be made only upon presentation of a proper claim by Contractor subject to the approval of the County Department or Agency for which the services have been performed. 6. County shall have access to Contractor's financial records for purposes of audit. Such records shall be complete and available for audit 90 days after final payment hereunder and shall be retained and available for audit pur- poses for five years after final payment hereunder. 7.. County may terminate this agreement at any time by giving Contractor a ten day written notice of such sooner termination and may be terminated at any time without notice upon a material breach of the terms of this agreement by Contractor. 8. Time is of the essence in each and all the provisions of this agreement. 9. No alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto. 10. Contractor shall not be allowed or paid travel expenses unless set forth in this agreement. 11 . Contractor assures that it will comply with Title VI of the Civil Rights Act of 1964 and that no person shall , on the grounds of race, creed, color, sex or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this agree- ment. 12. County shall have a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, use, and to authorize others to do so, all original computer programs, writing. sound recordings, pictorial reproductions, draw- ings and other works of similar nature produced in the course of or under this agreement; and Contractor shall not publish any such material without prior written consent of County. 13. Contractor agrees that determinations of rights to inventions made in the a course of or under this agreement shall be made by County, and that County shall acquire an irrevocable, non-exclusive, and royalty-free license to practice and use, and let any public agency practice and use, any such invention. RESOLUTION RE: APPROVAL OF A ZONING AND BUILDING CODE INVESTIGATION FEE MORATORIUM 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 has the power and authority to issue land-use permits and building permits for projects within its jurisdictional boundaries, and WHEREAS, the County has the power and authority to require payment for the issuance of such permits in order to help defray the costs, and WHEREAS, the County requires an investigation fee for cases where use of land or construction or location of structures have occurred without first obtaining a permit in order to help defray the costs of the investigations of complaints, and WHEREAS, the payment of such investigation fee does not relieve any persons from fully complying with the requirements of the Zoning or Building Code Ordinances, nor from paying the standard fees and fully complying with any other adopted County rules, regulations, or Ordinances, and WHEREAS, the Board of County Commissioners deems it appropriate to give the citizens of Weld County an opportunity to comply with the adopted Ordinances without imposing a penalty. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners wishes to implement a moratorium on the collection of investigation fees in all of the unincorporated areas of Weld County and to waive the investigation fee required under the Zoning and Building Code Ordinances for construction or placement commenced without obtaining permits. BE IT FURTHER RESOLVED by the Board that applications for land-use and building permits filed with the Department of Planning Services between December 30 , 1985 , and March 1 , 1986 , that would require an investigation fee to be paid shall not be assessed the investigation fee. BE IT FURTHER RESOLVED by the Board that the moratorium on the collection of investigation fees between December 30 , 1985 , and March 1 , 1986 , be, and hereby is, approved. Page 2 RE: INVESTIGATION FEE MORATORIUM The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of December, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: ;:' � � .. '�'; ', ; -,� WELD COUNTY, COLORADO 1 Weld County Clerk and Reco rder and Clerk to the Board �ac� J hnson, Chairman BY: 71� � EXCUSED 2tap�y, Gene R. Brantner, Pro-Tem DeputyOCbuntyk APPROVED AS TO FORM: C. 1 .y ;/w ( CounAttorn nk ama. chi RESOLUTION RE: DECISION BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY TO COMPLY WITH CHAPTER 9. 48 OF THE CITY OF GREELEY MUNICIPAL CODE RELATING TO SMOKING IN PUBLIC PLACES 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 City of Greeley has passed an Ordinance which amends Title 9 of the Greeley Municipal Code by adding Chapter 9.48 relating to smoking in public places, effective December 25 , 1985 , and WHEREAS, the Board of County Commissioners of Weld County, Colorado, has decided to effect said Ordinance in all Weld County buildings located within the City of Greeley. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the provisions of Chapter 9. 48 of the City of Greeley Municipal Code relating to smoking in public places shall be in effect in all Weld County buildings located within the City limits of the City of Greeley, and in furtherance of said Ordinance, the following policy shall be in effect as of December 25 , 1985 : (1) No smoking is allowed in any public place or common area in Weld County buildings located within the City of Greeley. (2) Smoking is authorized in said buildings in fully enclosed offices or rooms occupied exclusively by smokers, even though the offices or rooms may be visited by non-smokers. (3) Designated smoking areas: (a) Centennial Center: Solarium, second floor. (b) Engineering Building: Those areas designated by the Director of the Weld County Road and Bridge Department and by the Weld County Engineer. (c) Walton Building: Those areas designated by the Director of the Weld County Department of Social Services. f • Page 2 RE: GREELEY MUNICIPAL CODE - SMOKING IN PUBLIC PLACES (d) Health/Human or of Welds Those areas designated by the Direct County, by the Executive Director of Hth Services and Human Resources. he Department of th (e) Extension Offices: Extension Director, Those areas designated by the (f) Ambulance: Those areas designated by the Director once Services. (g) Head Start/Su lemental areas designated Foods Buiire s: Those Department of by the Executive Director of the Human Resources. (4) Signs will be posted by Department s throughout the Buildings and within the ghout all Weld County located City of Greeley in accordance buildings requirements of Chapter 9.48 of the City the of Greeley Municipal Code. (5) complete The Weld ldCounty Personnel Office shall maintain a copy of said City of Greeley Smoking Ordinance. The above and fore and seconded going Resolution was, u on Ddember , adopted by the following p on the mheion duty made A.D. , 1985 , nunc pro tuncDecember 30th day of tuber 25, 1985, ATTEST: BOARD a OF COUNTY COMMISSIONERS • Weld County Clerk and Recorder WELD COUNTY, COLORADO, and �� Clerk to the oard r' qu- m .�• �� v,� By: `7 cqu' ine o nson, Chairman(AYJ) eput / Count lerk EXCUSED Gene R. srantner, Pro-Tem APPRO D AS,,TO O C. C Z (AYE) COL y Attor y (AYE) G cy ran c . 1 i (NAY) AR20375D9 RESOLUTION RE: TRANSFER AND ASSIGNMENT OF CABLE T.V. FRANCHISE TO SOUTHWEST m0 CABLEVISION LIMITED o C) WHEREAS, the Board of County Commissioners of Weld County, o Colorado, pursuant to Colorado statute and the Weld County Home v Rule Charter, is vested with the authority of administering the a affairs of Weld County, Colorado, and om 0 WHEREAS, Weld County, Colorado (the "County") approved and w enacted Ordinance No. 94 on December 14 , 1981 authorizing the a grant of a cable television franchise, and approved and enacted a o Grant of Franchise on September 15 , 1982 and an unnumbered Resolution on September 15 , 1982 granting a cable television o a franchise (collectively, as amended to date, the "Franchise") to Greeley Video, Inc. , a Colorado corporation ("Greeley") ; and WHEREAS , Greeley transferred the Franchise to Northern Ln a Colorado Video, Inc. , a Colorado corporation ("NCV") , pursuant to a merger of Greeley into NCV, and NCV, the current holder of the M H Franchise, desires to transfer to the partnership known as m Southwest Cablevision Limited ("Southwest") ; and N E ric) WHEREAS , the Board of County Commissioners of the County of m o Weld, recognizes that Southwest, will be serving only a small area oo w in Weld County, of less than 500 subscribers; and o z WHEREAS , the applicant has presented facts sufficient to o < persuade the Board of County Commissioners of the County of Weld, r to evoke the WAIVER OF REQUIREMENTS a heading of Ordinance No. w < 94-A amending Ordinance No. 94 in a limited manner as hereinafter set forth; and N CO o CO o WHEREAS, request has now been made that the transfer to NCV 0 of the Franchise be approved, ratified and confirmed and the m4.4 proposed transfer to Southwest of the Franchise be approved, and that both transfers be approved and evidenced by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE WELD COUNTY, STATE OF COLORADO: Section 1 . That the County hereby approves of, consents to and ratifies and confirms the transfer and assignment of the Franchise by Greeley to NCV. Section 2. That the County hereby approves of and consents to the transfer and assignment of the Franchise by NCV to Southwest Cablevision Limited subject to the following exception hereby granted pursuant to the WAIVER OF REQUIREMENTS heading of Ordinance No. 94-A amending Ordinance 94 : �, - I �� The County recognizes that all shares of Southwest have not yet been subscribed to, and based on the history of this Franchise, consents to a Waiver of the Requirements of o Sections 6 (a) , 9 and all other Sections under the heading APPLICATION, as the same may n o pertain to future sales of Southwest not now subscribed, provided however, that said future sales be completed on or before January 31 , c 1986 , that the information waived herein be provided the Clerk to the Board of County o a Commissioners on or before February 14 , 1986 , a and that said purchasers meet all criteria p required of Weld County Ordinances No. 94 , w 94-A and 94-B. ax Section 3. That the consents and approvals hereby granted are given pursuant to the terms and provisions of the Franchise, but do not, however, constitute and shall not be construed to en a constitute a disclaimer or waiver of any rights granted or any o v duties and obligations imposed by the Franchise, except as z provided herein. H Section 4 . That he Franchise was duly and legally adopted a and approved by the County, is for a term ending as stated in the • aforesaid Grant of Franchise dated September 15 , 1982 and that o w said Franchise is hereby validated, ratifies and confirmed. tnw en z Section 5 . That Southwest shall be controlled at all oz g times during its application for and operation, installation and • maintenance of the System pursuant to the Franchise by any provisions of the Code of the County relative to cable television a X franchises and any such terms of said Code are incorporated herein as if fully restated. rnM o0 o Section 6 . That the sections of this Resolution are mg:. hereby declared to be severable, and if any section, provision or part hereof shall be held to be unconstitutional of invalid or unenforceable, such section, provision or part shall be fully severable and this Resolution shall be construed and enforced as if such section , provision or part had never comprised a part hereof and the remaining sections, provisions and parts hereof shall remain in full force and effect and shall not be affected by any unconstitutional or invalid or unenforceable section, provision or part or by its severance herefrom. Section 7. That this Resolution shall become effective upon acceptance of the transfer by Southwest and continue and remain in effect immediately upon its passage, approval and adoption. 0 0 The above and foregoing Resolution was, upon motion duly made and seconded, adopted by the following vote on the 30th day of `n8 December, A.D. , 1985 . o • oz BOARD OF COUNTY COMMISSIONERS o kaj ATTE3T:� •":,_;;.r \ 1 , ,J WELD COUNTY, COLORADO o WeldCoU � erk ,and Recorder , M and C`161A, , tho„BPard J cgu ine `J hnson, Chairman EXCUSED ,a By: /i/ / .;, Deputyieounty Clerk Gene R. Brantner, Pro-Tem in .-1 APPRQVFZ) AS TO FORM: - /At‘ �� co C. W. K r M H W County Attorney � d y� rn � o w a Yamagu z 0 z N (.V Va < Cc r- o a, d' o co ,-, o ww AR2037507 AR2033142 ORDINANCE NO. 133-C o IN THE MATTER OF A SUPPLEMENTAL APPROPRIATION FOR THE YEAR 1985. rHU BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD r4U COUNTY, COLORADO: 0 WHEREAS, Section 29-1-111 .5, C.R.S. provides that, if O w during the fiscal year, the governing board deems it necessary, in view of the needs of the various offices or departments, it o w may transfer budgeted and appropriated monies from one or more z spending agencies in the fund to one or more spending agencies p in another fund and/or transfer budgeted appropriated monies wbetween spending agencies within a fund, and � a M .,z WHEREAS, Section 29-1-111 .6 , C.R.S. provides that, if o o during the fiscal year, the governing body or any spending a W a agency received unanticipated revenue or revenues not assured at In w the time of the adoption of the budget from any source other > m co v than the local government' s property tax mill levy, the oi n ie - z governing board of the local government may authorize the o � rj expenditure of these unanticipated or unassured funds by z o enacting a supplementary budget and appropriation , and z w a o r D WHEREAS, the Board of County Commissioners of Weld County m '. Mo w has been advised that supplemental appropriations in accordance t., r with the above need to be made in fiscal year 1985 in the m o en o z General Fund, Road and Bridge Fund, Library Fund, Human °� '-tzi - N <o Resources Fund, Elmore Road Fund, Road 5 Local Improvement Fund, o Housing Authority Fund, Housing Authority Grant Fund, and zch w < Airport Fund, as more fully set forth in Exhibits "A" - "I" n o a attached hereto and incorporated herein by reference, and m r- r c x "- o CO WHEREAS, this is a case of an emergency caused by a .VI . ,-' o contingency which would not have been reasonably foreseen at the m m w time of the adoption of the 1985 budget, and m ' t) n WHEREAS, by Section 29-3-114 , C.R.S. , the governing board z of a county does , in an emergency situation , have authority for min the expenditure of funds in excess of said budget, by Ordinance x' o duly adopted by two-thirds of the vote of said governing body. o: ci o r NOW, THEREFORE, BE IT ORDAINED by the Board of County w Commissioners of weld County, Colorado, that the budgetary 0 appropriations to the 1985 General Fund, Road and Bridge Fund, o -- Library Fund, Human Resources Fund, Elmore Road Fund, Road 5 O Local Improvement Fund, Housing Authority Fund, Housing o w Authority Grant Fund, and Airport Fund, as more fully set forth in Exhibits "A" - "I" , which are attached hereto and incorporated herein by reference at this point, which was made } . , A- 7ag __. --IS ➢r& • Page 2 RE: ORDINANCE NO. 133-C 00 .-4 () o necessary by an emergency caused by a contingency which could cm o not have been reasonably foreseen at the time of the adoption of v the 1985 budget, be and hereby are, approved. O C w BE IT FURTHER ORDAINED that an emergency exists which o requires that this Supplemental Appropriation Ordinance No. o x 133-C is declared to be an Emergency Ordinance under the "' rii o provisions of Section 3-14 of the Weld County Home Rule Charter. cc 0 o The above and foregoing Ordinance No. 133-C was, on motion duly m m ,- cc .� made and seconded, adopted by the following vote on the Z3rd day O ,., `n of December, A.D. , 1985 . 30th oP. O a) O 0 ox � m x BOARD OF COUNTY COMMISSIONERS Ln co a ATTEST:.44 rs . WELD COUNTY, COLORADO z n m H Weld Qo ., )and Recorder ,� Q � \ o and e r. h and � �' N F Cite � � Bo ` J4co ine JQhns�on, Chairman Z O ~ x 'tu a EXCUSED '13 - w BY: , "► Gene R. Brantner, Pro-Tem o co o w Dep t Clerk ® m h r (. 0 O o z APPROVED AS TO FORM: --C.W./' Cir m 0 Q z C, CV H O s. w a x G rd . La tO4 ON cri r, H i ,,,yy, Coun y AttorCC IT, ex ney �' /l x o co F k ama h1 2' •• — o cn Mr*, Read and Approved: December 30 , 1985 m n 0 Published: January 2, 1986, in the Johnstown Breeze a :U• O • o m o m a n O N O 0 i-- O 0 SUPPLEMENTAL bdut1;Ei PeIWP3iA_it. n:.:,c!iaa�.. Ex////3 / / / </// r//2//1 C___ JOURNAL ENTRY .UMBER Fund Name DATE O > EXPLANATION Fund Number PAGE 1 o£ / 33 ACCOUNT CODE BUDGET LEDGER Ordinance Number ri U r o PREVIOUS NEW FUND DEFT ACCOUNT 0 (INCREASE) (DECREASE) rc 0 BUDGET BUDGET D DEBIT CREDIT 0 00 DO , l/ /0 25 /„33-6 B J3006 o b0 00 o a 0q 00, 1 /19/ 437,5t B 40000 10 00 o a oc 00! , // 2. '35 C B /_200 O 0 00 0 oc 001 ! /lC 3/5=wr,Ie, B 7000 00 oa w oc 00 L'iit 437/ B 7r;o0 po 0. u a OC 00 ,.2/5-0 43S 6 B .7000 oo o / 'vet:o x0' 00 ,,?/[6 L33 6 B 7200600 O. o r w oc1 Doi : lv?/i0p �sf/ B `i�'06 ao o f � tn.; o co oc Co a/4) 6,3 6 B _y1 .O o0 0 oc 001 ; ;>/G , K3 G B 154690 00 0 › til - N ' 0C 001 !f ,n.2o A3So B 7..5`000 001 o r-im 00 00 3/r�'Z ,/-SO B ,�C�a o 00 o z ow o w od c o ‘_ V B 7C)Oo D0 0 � � en z od oo 907o 43/0 B 44,6 00 ocCN cv < 00 ooi ` h33c B //0v oo cow IZ 00 00! ` 43-Ca B /5`000 00 00 H o a z 00 001 1 1370 B jv00 00 Dan; od ooi 1 bin B „70ov oo eC4t °' o co � � 00 001 / �3y� B /6 000 00 0gxVT VT W 00 00! P/71 B peck) 00 • 00 u, 00 0oit B 00 0C til 00 001 B 00 0C o 00 001 B 00 OC M o OCl oo! I 3 00 OLm o 00 00I B 00 OC ro OC 001 B 00 oC nn w Total Total / ri , ; C floc Previous 00 Increase . -0.^ 00 0 ca Total Total New ( 00) Decrease ( 00) Total 00 Total 00 SUPPLEMENTAL 3UDGSI AiPauPniAIIOc i .i.O. �....._s . ( `) C-"278-72/Y)- / JOURNAL ENTRY NUMBER Fund Name DATE o /a EXPLANATION Fund Number PAGE 1 of ` ACCOUNT CODE BUDGET LEDGER o Ordinance Number as O • Nm triz C o C) 1 PREVIOUS NEW FUND DEFT ACCOUNT l 0 (INCREASE) (DECREASE) c O BUDGET BUDGET E DEBIT CREDITMs n V le i c_ DO 01 i0/l 6 // O B 3c° 00 oa< O a t a o 00, /0/2 B 3000 00 0o z o o2 Im o x o qo // 3 B 3 3 00 00 I q o Oo) j p?//C B .SU0 D0 E 00 Wi N a , 'z U 0 • 00 // ! 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Total 00 y // SUPPLEMENTAL BUDGET APPROPRIATION DISBURSEMENTS �'J 171 f� ' /gAer— I JOURNAL ENTRY NUMBER �i m O Fund Name o U `DATE EXPLANATION co 0 Fund Number w C] IPAGE 1 of o W I ACCOUNT CODE BUDGET LEDGER I o $ Ordinance Number v} W PREVIOUS NEW I C FUND DEPT ACCOUNT 0 (INCREASE) (DECREASE) BUDGET BUDGET D DEBIT CREDIT O i E V a S 00 DO _ 7 7 Y&o o'V?)—!%`,fib B /DC6' 0 0 1 OG In 00 pot, 7 7 Saco Ss` ;; B_ /4/76-2,06). o 00 on OC 001 7? Scc !O B /2 00C1 o oa 0077 5.,,� ,_2,_-20zoON /lo B v Lor.' d i . , oa 00 oo ,� o z No CO oc po j =7 7 �3�a -�as�`B �Oo oo I .00l LT, co n h 09 O0 ! -.7 ? /O I. f' % B ?/ 04C' 00 0 tw ad idol & ° o B <l$ EO(J 00 00 '-<>i D OC o o cal 00�} / / 6/S� fr F B J of 00 ODtv 2 O m 2 - OC 00 II ', � b?5° rP.S B /OY0 DO0 00 001 Z m cq oZ Dc oot ,4,20 337° �Pi a oo -97,c, o0 0acN o 00 oo , _ j A (Pc+, B 00 5/5-C C 6 OO m o U C / a < - OC 00j ., c ----/ /filP3 B 1 00 QDC 5 00 00 N O n o .. OR 00i ,33 70 ei`r r B 0D fri,000 100 Z a 0 M o m 00 OOi / (47,02B 00 6o GOO . 00 C go,H O 00 00I 1? 'H�O( B 00 /fV(OG DO 1 E_, OC 00I 1 . B 00 OC ,>r vi en 00 00 B 00 OC b ell 00 001 B 00 � oc o I00 ,00l B 00 I, oc C oq oof., B 001az o all o i o4 00 t B 00 00 o OC _00 B 00 oc a OC ,D0, i B 00 oo o co DC 00; B 00 OC 0 o . OC oof I B 00 x o m }} OC DDI I B I_ 00 OC Total Total Previous 00 Increase /j`,G ct,r;O 00 Total t Total New ( 00) Decrease (/cyDOOD 00) , Total 00 Toi:�l L AR2037508 • ORDINANCE NO. 119-C IN THE MATTER OF AN AMENDMENT TO ORDINANCE NO. 119, WELD COUNTY BUILDING o U CODE ORDINANCE, REVISING CERTAIN PROCEDURES, TERMS, REQUIREMENTS, AND o INCORPORATING BY REFERENCE CERTAIN PORTIONS OF THE UNIFORM BUILDING CODE, -, O 1985 EDITION; UNIFORM MECHANICAL CODE, 1985 EDITION; NATIONAL ELECTRICAL U CODE, 1984 EDITION, UNIFORM PLUMBING CODE, 1985 EDITION; UNIFORM CODE FOR a THE ABATEMENT OF DANGEROUS BUILDINGS, 1985 EDITION; THE UNIFORM SWIMMING POOL CODE, 1985 EDITION, AND APPENDICES TO ALL UNIFORM CODES. o rx BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, `ar W COLORADO: cz 0 V WHEREAS, the Board of County Commissioners of Weld County, Colorado, 0 o pursuant to Colorado statute and the Weld County Home Rule Charter, is • rz vested with the authority of administering the affairs of Weld County, co U • 1 z Colorado, and f7 H W N h WHEREAS, the Board of County Commissioners has the power and authority HO m under the Weld County Home Rule Charter and Article 28 of Title 30 CRS, to oLn adopt building codes for the unincorporated areas of the County of Weld, and n < WHEREAS, the Board of County Commissioners of Weld County, Colorado, 0 aadopted Ordinance No. 119, with subsequent amendments, the Weld County r, Building Code Ordinance, establishing a comprehensive revision of the ON O C el a building code requirements for the unincorporated areas of the County of k, Weld, and WHEREAS, said Ordinance No. 119, as amended by Ordinances 119-A and 119-B, is in need of revision, updating, and clarification with regards to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that said Ordinance No. 119, as amended, is amended by the addition, revision, and renumbering of various sections, which shall read as follows: 1 — I % • AMEND SECTION 10.4 by: o Delete "30-38-201 "and replace with" 30-28-201" Delete "1973". N O AMEND SECTION 20. 1 by: Delete "1982" and replace with "1985". DELETE SECTION 20.1.2 oa AMEND SECTION 20.2 by: 0 Delete "1982" and replace with "1985". Tr cc AMEND SECTION 20.2.1 by: 0 ~ a Delete "1982" and replace with "1985". Add "unless the walls of the fr;in f; crawlspace are insulated" to the last sentence of the text. cov r-i2 AMEND SECTION 20.2.2 by: mH � w :V E Delete "Paragraph 4" replace with "(f)". AMEND SECTION 20.4 by: co o w Delete "1982" and replace with "1985" in Ix, o z AMEND SECTION 20.5 by: ez pc Delete "1982" and replace with "1985". vx AMEND SECTION 20.5.8 by: :-• N o m Delete "(a)" and replace with "(c)". ,i o = w AMEND SECTION 20.6 by: Delete "1982" and replace with "1985". RENUMBER SECTION 20.9.6.7 TO SECTION 20.9.7. RENUMBER SECTION 20.9.6.8. TO SECTION 20.9.8. RENUMBER SECTION 20.9.6.9 TO SECTION 20.9.9. RENUMBER SECTION 20.9.6.10 TO SECTION 20.9.10. RENUMBER SECTION 20.9.6.11 TO SECTION 20.9.11. 2 ADD NEW SECTION 20. 10 TO READ: 0 4 0 20. 10 Manufactured Home Installation Standards. Any U manufactured home located in or relocated within Weld coo County shall meet the following installation standards. 0 The Building Official may authorize the use of different 0 materials or methods which will accomplish substantially a 0 3 the same result. 0 20. 10. 1 Blocking. Blocking shall be placed under each main v} W a manufactured home frame member for the ful . length of the p manufactured home at maximum intervals of eight feet (8') . End of piers shall not be farther than five feet • a (5') from the end of the manufactured home. Wood - a railroad ties are not acceptable materials for blocking. 0 • a 20. 10.2 Base. Footers shall consist of poured concrete pads a i-1 minimum of six inches (6") thick and a minimum of sixteen 0 inches (16") by sixteen inches (16") square. Two pieces r, z of minimum #4 rebar (1/2") shall be placed in each direction before pouring. The bottom of the solid N E" concrete base must be a minimum of twelve inches (12") xbelow undistrubed ground surface. m D 0w 20.10.3 Piers. Piers shall be constructed of one (1) or more eight inch (8") by eight inch (8") by sixteen inch o z (16") ("celled") concrete blocks or approved equivalent No < materials. Said blocks shall be placed over the base in such a manner that the sixteen inch (16") dimension is at w a ninety degree (90°) angle to the main frame of the a { manufactured home and shall be centered on the base with n el the cells in a vertical position. O co 20.10.4 Caps. Each pier shall be topped (capped) with an eight z w inch (8") by sixteen inch (16") by four inch (4") solid concrete block or the equivalent. 20. 10.5 Wood Wedging. Wood wedging (shims) shall be driven tight between each pier cap and the main frame member of the manufactured home if necessary. No more than four inches (4") of the thickness of a type of wood approved by the Building Official shall be permitted. The width of the wedge shall provide a minimum of eight (8) lineal inches of bearing surface between the pier cap and the main frame of the manufactured home. 20. 10.6 Tie downs. Tie downs shall meet the following standards: 20. 10.6.1 Ties shall consist of galvanized steel strapping (1-1/4 x .035") with a minimum breaking strength of four thousand seven hundred fifty pounds (4,7500) or ties shall consist of galvanized steel cable 7/32" x 7 x 7 or 1/4" 7 x 19) with a minimum breaking strength of four 3 thousand eight hundred pounds (4,80011) . The Building o O Official may approve alternate materials of equal o strength. cO C) 20. 10.6.2 Each frame tie shall connect the main frame of the amanufactured home to an anchor located outside the o W opposite main frame member. A frame tie shall be located o within two feet (2') of each end of the manufactured • o x home. Any manufactured home fifty feet (50') or less in v} W a length shall have a minimum of four (4) frame ties. Each o frame tie shall be tightened snug to an anchor. U 20.10.6.3 Ground anchors for securing the ties shall be of the following types: screw augers, expanding anchors, ` o concrete deadmen, or equivalents approved by the Building Any type Official. of ground anchor used shall have a .W7 minimum holding power of four thousand eight hundred co U pounds (4,80011) . Ground anchors shall be placed at a • z minimum depth of four feet (4') or at a greater depth if W determined necessary by the Building Official. N &r ▪ c 20.10.6.4 When strapping or cables are connected to turn co buckles or to yoke-type fasteners and tensioning devices, o W connections shall be made so that the overall strength of the tie downs is not reduced. Turnbuckles shall be en 2 one-half inch (1/2") galvanized steel or the equivalent < as approved by the Building Official. Hook-ends or open-eyes are not permitted as connection devices. "Eye Wa and eye" or "draw and draw" type turnbuckles are z acceptable as connection devices. Where cable is Nye utilized and looped for connection, ends shall be secured al el with a minimum of two (2) cable clamps with the nuts oco .-r o placed on the live side of the cable. Materials and CC A4 connecting devices of equivalent strength may be utilized upon approval by the Building Official. 20.10.7 Skirting. Skirting shall be provided around the bottom of the manufactured home to ground level. Skirting shall be made of a material which is approved for exterior use by the Uniform Building Code. 20.10.8 Setbacks. Setbacks from other buildings or structures shall be as specified in Table No. 5-A of the Uniform Building Code. Manufactured homes shall fall within Group R-3 in this table. Zoning setbacks are identified on the front of the Building Permit and shall be complied with when locating the manufactured home on the property. 20. 10.9 Dwelling Unit. Every manufactured home used as a dwelling unit shall be provided with a kitchen sink. Every manufactured home used as a dwelling unit shall be provided with a bathroom equipped with facilities consisting of a water closet, lavatory, and either a bathtub or shower. Each sink, lavatory, and either a 4 bathtub or shower shall be equipped with hot and cold o O running water necessary for its normal operation. Every home shall be provided with a smoke alarm installed to O according to the Weld County Building Code. U 20. 10. 10 Installation on Basements. Units which have a floor w • o joist system approved to be put on a regular foundation 0 3 will not need to be engineered unless installed in an o x area where we require all foundations to be engineered u,r q due to soil conditions. However, rebar shall be xo installed in the foundation according to County requirements. Units which are designed to be supported on four (4) rails shall submit an engineered foundation and support system design. 0 " x 20.10.11 Installation on Other Than Basements. Units which in N have a floor joist system approved to be put on a regular \ U foundation system must be installed according to z manufacturers and County's specifications. This would W consist of an outside perimeter footing and foundation with support footings and a wall in the center or concrete pads and vertical supports. The unit must be anchored to the foundations. Units which are designed to o be supported by the four (4) rails must be installed according to the enclosed standards. If the o z manufacturer's specifications call for closer spacing of CV IC the support piers then that standard must be followed. U rz AMEND SECTION 30.2.2 TO READ: wa W Additions. Alterations or Repairs. Additions, co mro alterations or repairs may be made to any building or o structure without requiring the existing building or structure to comply with all the requirements of this code, provided the addition, alteration or repair conforms to that required for a new building or structure. Additions or alterations shall not be made to an existing building or structure which will cause the existing building or structure to be in violation of any of the provisions of this code nor shall such additions or alterations cause the existing building or structure to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate egress in compliance with the provisions of this code or will obstruct existing exits; will create a fire hazard; will reduce required fire resistance or will otherwise create conditions dangerous to human life. Any building so altered, which involves a change in use or occupancy, shall not exceed the height, number of stories and area permitted for new buildings. Any building plus new additions shall not exceed the height, number of stories and area specified for new buildings. Additions or 5 alterations shall not be made to an existing building or o structure when such existing building or structure is not c in full compliance with the provisions of this code except when such addition or alteration will result in O the existing building or structure being no more U hazardous based on life safety, fire safety,Ca and sanitation, than before such additions or alterations are g undertaken. o a Alterations or repairs to an existing building or v} W structure which are nonstructural and do not adversely a O affect any structural member or any part of the building o or structure having required fire resistance may be made o a with the same materials of which the building or structure is constructed. The installation or o replacement of glass shall be as required for new .-tx installations. In I.7 CO U AMEND SECTION 30.2.3 by: .-; z `n ri Delete the last sentence of the text. C W N AMEND SECTION 30.2.8 by: m j Delete "that" in number 3 and replace with "than". o W Lel r" AMEND SECTION 30.5.3 by: m z z < Add the following sentence at the end of the text: The temporary certificate shall be valid for a certain period of time not to W a exceed three months and may be renewed only once by the Building z Official. O1 M DELETE SECTION 30.7. oc Fp Cif DELETE SECTION 40.7. DELETE SECTION 50.7. DELETE SECTION 60.7. DELETE SECTION 70.6. DELETE SECTION 71.6. DELETE SECTION 86. RENUMBER REMAINING SECTIONS BEGINNING WITH SECTION 87 AND CONTINUING THROUGH 93.3.6 6 If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held or decided to be invalid or S O unconstitutional, such decision shall not affect the validity of the o v remaining portion. The Board of County Commissioners hereby declares c p that it would have passed the Ordinance, and each and every section, U subsection, paragraph, sentence, clause and phrase thereof irrespective of the fact that any one or more section, subsection, paragraph, o sentence, clause, or phrase might be declared to be unconstitutional and o invalid. o `h q The above and foregoing Ordinance No. 119-C was, on motion duly made rz and seconded, adopted by the following vote on the 30th day v c4 of December, A.D. , 1985. o ; . BOARD OF COUNTY COMMISSIONERS Ln m U ATTE T• (! WELD COUNTY, COLORADO z Ito M Weld\ C ;f/1 Recorder (N F and C t� - e4gtcjipcque ne John o i, Chairman BY: EXCUSED o o W Deputy County Cl Gene R. Brantner,,Pro-Tem In k+ m j Approved as to form: cv Q - C. W. i i (: Y4jou yto ey i W C>- CO Fr Yamag i CL W First Reading: December 2, 1985 Published: December 5, 1985, in the Johnstown Breeze Second Reading: December 16, 1985 Published: December 19, 1985, in the Johnstown Breeze Final Reading: December 30, 1985 Published: January 2, 1986, in the Johnstown Breeze Effective: January 7, 1986 7 WELD COUNTY, COLORADO PAGE 1 • GENERAL FUND CLAIMS V.O. -,,ARRANT NO. P.O. NO. VENDOR AMOUNT 901988 44830 NORTH COLORADO MEDICAL CENTER $509,214.49 ---____.w • • TOTAL 1509,214.49 STATE CF COLORADO ) �— COUNTY OF WELD ss This is to certify that all accounting and budgeting y_b;n3 procedures have bee on the above listed claims as shown on Pages 1 -- and t= n completed • 9 85 that through -' da„_d DECEMBER 26 and payments should be made to the res ective their names with the total amount $509,214.49 vendors in th? a, puntS Sgt OpppSit� ` DATED THIS 26th DAY OF DECEMBER - 7985 WELD Jc DC _ : T I C_ O. rHER SUBSCRIBED AND SWORN TO BEFORE ME THIS 26th DAY CF DECEMBER 1985 MY CCM:MISSION EXPIRES: My Commission apir es June 8, ,336 NOinRY PUBLIC __ STATE OF COLCRADO ) COUNTY CF WELD ) ss We, the Board of County Commissioners of Veld County, Colorado,approve) the claims as set forthpa `" above; :._r_�y (zcorove} c_.-, and warrants in p_y�=�t t;;�,red drawn upon the GENERAL - �, e ire hers^ FUND totaling $509,214.49 "y e irm Vii' on ATT=S1 : Member /^• 1. _ 1.::::-,:y Clerk &'1 Re„or ' r Member i • -y: , �1/� Po.—per' • -.-ter 7 • WELD COUNTY, COLORADO PAGE 1 GENERAL FUND CLAIMS V.O. WARRANT NO. P.O. NO. VENDOR AMOUNT 901989 1 12/30/85 BEATRICE DAIRY PRODUCTS S401 .33 • - TOTAL t 401.33 STATE CF COLORADO ) - COUNTY CF WELD )) ss This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown en Pages 1 through ---- and dated DECE??EER 30 19 85 _ and that payments should be made to the respective vendors in the amounts opposite their names with the total amount S set opp ; � 401.33 , DATED THIS 30th DAY OF DECENAiBER , 19 8 WELD C ' : F1: N O;-1CCE SUBSCRIBED AND SWORN TO BEFORE ME THIS 30th DAY OF DECE*mER 19 85 MY COMMISSION EXPIRES: My Commission Expires J..ne 8. 1566 l"A.R - __ _ NGY P iaLi STATE OF COLORADO ) COUNTY CF WELD ) ss We, the Board of County Commissioners of Weld County, Colorado, hereby (approve) rd is?Dnr the -. -rove) claims as set forth above; and warrants in pa t therefore are ordered drawn upon the GENERAL y r` hereby FUND totaling S 401.33 RcS ". \. airp eon U ATTEST_ Member 7,LA9 • - Co:.r. y Clerk EL,/ Recorder i NemoA � r MONTHLY PAYROLL HANDWRITE APPROVAL FORM WARRANT NUMBER PAYEE WARRANT AMOUNT 12045 JEAN BERGER I 2,098.92 12046 SHERYL CHAMBER1.AWI 1,004.78 12058 TO THE ESTATE OF CARROLL H. LONG 1.936. 13 • i t NUMBER OF WARRANTS 2 TOTAL 5,039.83 THE AMOUNT OF THESE HANDWRITES WILL BE INCLUDED IN THE MONTHLY PAYROLL TOTAL ON DECEMBER 30th 19 85 WELD COUNTY, COLORADO PAGE 1 PAYROLL FUND CLAIMS V.O. WARRANT NO. P.O. NO. VENDOR AMOUNT' 12047 45935 PUBL EMPL RTMT ASN-STATE DIVISION 665.74 12048 45936 PUBL E;'1PL RTMT ASN-MUNICIPAL DIVISION 11,429.44 12049 45940 CLERK OF. THE COUNTY COURT 246.13 12050 44941 INTERNAT. REVENUE SERVICE - 646.88 12051 45942 INTERNAL REVENUE SERVICE 139.52 12052 45244 ROY E. =D EY I 650.65 TOTAL 5 STATE CF 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 ---. 2 and dated DECEMBER 30th 19 85 and that payments should be made to the respective vendors ' p . . in the amounts set opposite their names with the total amount $ DATED THIS 30th DAY OF DECEMBER 19 85 :. l WELD U, . i'Ct C. TIGER • SUSSC.i3ED AND SWORN TO BEFORE ME THIS 30th DAY CF DECEMBER 19 85 MY COP.XISSION EXPIRES: My Commission Expires June S. 1986 _ �7 /� /q ' r,'GI,,PPY P IC " - Ed �i ` q STATE OF COLORADO ) COUNTY CF Y'ELD ss We, the Board of County Commissioners of Veld County, Colorado, hereby (approve) c-s_pprove) the claims as set forth above; and warrants in payment therefore are hereby • ordered drawn upon the PAYROLL FUND totaling $ - K airpe on • AT_=ST. - Member • Z County Cierk & Record Mercer _y .• -e duty 9/ 1.9 l:errs.. �; l Na^.per YIELD COUNTY, COLORADO PAGE 2 PAYROLL FUND CLAIMS . V.O. WARRANT NO. P.O. NO. VENDOR AMOUNT 12053 45938 CLERK OF THE DISTRICT COURT 210.00 12054 45039 560.'47 12055 45045 CLERK OF. THE DISTRICT COURT 179.58 12056 45946 TAMES A_ COT.T.TN5 88 96 12057 38455 UNITED WAY OF WELD COUNTY i 376.25 - TOTAL 515,193.62 STATE CF COLORADO ) COUNTY OF WELD ) ss This is to certify that all accounting and budgeting procedures have been completed cn the above listed claims as shown on Pages 1 through --.2 and dated DECEMBER 30th 19 85 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 15, 193.62 DATED THIS 30th DAY CF DECEMBER , 19 85 . ' /2/17,HZ------•.:__,-__St- - . WELD 0 N IV; ‘C OFFICER - _ SUBSCRIBED AND SWORN TO BEFORE ME THIS 30th DAY CF DECEMBER 19 85 p+�'IS I r My Commission Expires June 8. 1986 • . Y CO. S O. EXPIR=S: . - itOTP.,tdi/ a-A- -1-1 �1. STATE OF COLORADO ) COUNTY CF WELD ) ss We, the Board of County Commissioners of Veld County, Colorado, hereby (approve) d saporove) the claims as set forth above ; and warrants in pay�_nt therefore are hereby . :ordered drawn upon the PAYROLL FUND totaling $ 15,193.62 _ - airp- on Member /r County C erk & Recorder Kemper Z-(_>11-1..2 �- _y; o . isep iu ty Mflmb.r • N. / i • • • • • • • • • • • •S . • • • • • • • • • D is n r> Is p Is D Z D b o O O O G O O O U^ cn cn cn cn cn V' -. » p NO r. r r r H r r P. 3 A NO P. P. r r r r r r .+ p o r-. O n O O D D is D > 1,7 f p rn F Z z 3 O > ✓ r c/1 c m o rn r{ .n —I p fn m .1„l A r an -4 p D O D S cn O r .C Cl m O C O S N 7 m h 17 p •, - r yO ✓ D p p ^ M r C) Is Q .4 m C C Z N )0 r- _, . C p r" C .. ` c r a C N C'1 17 D 7C r J C N Z D .. (A p Z 7_ V N t n > O 1 '..C 70 C U O O F m Tl p r z n CI O O r .> .> D .. > > > > > a r O r r -4 ZZ P. 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I� 4 C y .j. � c: z 1^ D c- ti, w r N - v .--. -i 1 p N .'� c t Z N N i n v N t� N 1 L vi y m :n I -i z ;n T 14' 1 0 m 1 :n O z v� n z I f I i f - a m m � rn I O -4 z l i I p r I m m n O c r Z Ci p N W r- r z p x g m c - I r 0 { 1°c 3 D 1 1� I j� m r m Z ri c� J +, 1t m n 23 \ a Z 0 In r. 7� NS Cs"- 7 nD ` cn m I D n 1� m -0 b 'p d n i� co m m 1 I b 1 ItJ 1 z '2-- Q.) i _ p x xI, �{ z 1 Z w r v rt � s1 nI j� I T z z 3 �1 1. Mt O '44.00 m m Z1 • .� VI �1 A� 1 1 . 1 a i • • • • • • • • • • • 'ID • •, • • • • • S NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado;, at the time specified. Ali persons in any manner interested in the Use by Special Review are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 85-100 David F. and Betty L. Close 15167 Coleman Avenue Fort Lupton, Colorado 80621 DATE: January 15, 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review - Kennel LEGAL DESCRIPTION: Lot 5, Block 54, Aristocrat Ranchettes Subdivision, Second Filing, Weld County, Colorado BOARD OF COUNTY COMMISSIONERS • WELD COUNTY, COLORADO • BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER A≥''D CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: December 30, 1985 PUBLISHED: January 2, 1986, in the Johnstown Breeze -Lft- • 0 • REARING CERTIFICATION DOCKET NO. 85-88 RE: AMENDMENT TO FINAL PLANNED UNIT DEVELOPMENT PLAN - BEEBE DRAW FARMS AND EQUESTRIAN CENTER, FIRST FILING A public hearing was conducted on December 23, 1985, at 9:00 A.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro-Tem - Excused Commissioner C.W. Kirby Commissioner Gordon E. Lacy - Excused Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Gloria V. Dunn The following business was transacted: I hereby certify that pursuant to a notice dated November 13, 1985, and duly published November 21, 1985, in the Johnstown Breeze, a public hearing was conducted to consider an amendment to the Final Planned Unit Development Plan for Beebe Draw Farms and Equestrian Center, First Filing. Lee Morrison, Assistant County Attorney, made this matter of record. Gloria Dunn, Planning Department representative, read the favorable recommendation of the Planning Commission into the record. Morris Burk, general partner of Beebe Draw Land Company, stated that recommended Conditions #1, #2, #4 and #5 have been complied with and requested that those Conditions be deleted. Ms. Dunn stated that the Planning staff has no problem with those Conditions being deleted. No public comment was made concerning this request. Commissioner Kirby moved to approve the amendment to the Final Planned Unit Development Plan requested for Beebe Draw Farms and EquestrianCenter, r, First Yamaguchi Filing, subject to Conditions #3 and #6 only. Commissioner seconded the motion which carried unanimously. This Certification was approved on the 30th day of December, 1985. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST ,, WELD COUNTY, COLORADO Weld County Clerk and Recorder Chairman and Clerk to the Bo d cque ne Joh s n, By:_ 27a,@ EXCUSED DATE OF HEARING Deputy ebunty arc Gene R. Brantner Pro-Tem C.W. iK rby� EXCUSED DATE OF REARING Gordon E. Lacy .ve^�1G' l l ✓L Lvir Fran amaguchi i TAPE #85-108 DOCKET #85-88 LHR 2220 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 30, 1985 TAPE #85-108 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, December 30, 1985, 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 Gene Brantner, Pro-Tem - Excused Commissioner C.W. Kirby Commissioner Gordon Lacy Commissioner Frank Yamaguchi Also present: • Assistant Weld County Attorney, Lee D. Morrison Acting Clerk to the Board, Mary Reiff MINUTES: Commissioner Kirby moved to approve the minutes of the Board of County Commissioners meeting of December 30, 1985, as printed. Commissioner Yamaguchi seconded the motion and it carried with Commissioner Lacy abstaining because he was not present at said • meeting. CERTIFICATIONS OF HEARINGS: Commissioner Kirby moved to approve the Certification for the hearing conducted on December 23, 1985. - Amend Final P.U.D. Plan, Beebe Draw Land Company, Commissioner Yamaguchi seconded the motion and it carried with Commissioner Lacy abstaining because he was excused from said hearing. n added as #10 under New ADDITIONS: Chairan Resolution re: Transfer and Assignment Business: ignment of CableTV Consider Franchise to Southwest Cable, Limited. CONSENT AGENDA: Commissioner Lacy moved to approve the consent agenda as printed. Commissioner Kirby seconded the motion and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: Commissioner Lacy, reporting on Engineering Services, stated that 399.5 miles of County roads have been graveled--114% of the 1985 goal. He also said that all departments worked on snow removal last week , concentrating on the northeast portion of the County. Chairman Johnson read a letter from the Government Finance Officers Association into t`.e record, congratulating Weld County upon being awarded a Certificate of Conformance for 1984 financial reporting. Congratulations were extended to both Don Warden and Claud Hanes for this accomplishment. WARRANTS: Don Warden presented the following warrants for approval by the Board: -1.74 innin / • Handwritten warrants for December 26, 1985: General fund $509,214.49 Warrants for December 30, 1985: General fund $604,670.88 Social Services 572,264.11 Handwritten warrants: General Fund 401.33 Payroll 15,193.62 Commissioner Lacy moved to approve the warrants as presented by Mr. Warden. Commissioner Kirby seconded the motion which carried unanimously. BUSINESS: OLD: CONSIDER REQUEST FOR VACATION OF ROW IN PT. NE}NE}, 512, T4N, R61W - DOUGLAS VANNOY (CONT. FROM DEC. 23) : Drew Scheltinga, Director of Engineering, stated that this request is to vacate a portion of right-of-way for WCR 97 continguous to property involved in land-splits. He recommended approval of the request, contingent upon the owners executing an easement agreement. Don Jones, representing the Federal Land Bank, asked questions concerning the proposed easement agreement. :?ollowing discussion, Commissioner Lacy moved to approve the vacation of a portion of right-of-way in part of the NE}NE}, 512, T4N, R61W, contingent upon approval of an easement agreement. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER EMERGENCY ORDINANCE #133-C - IN MATTER OF SUPPLEMENTAL APPROPRIATION FOR 1985 (CONT. FROM DEC. 23) : Don Warden explained that this matter had been continued because only three Commissioners were present at the meeting of December 23, and an Emergency Ordinance requires approval by four Commissioners. Mr. Warden then read Emergency Ordinance #133-C into the record. Commissioner Lacy moved to approve Emergency Ordinance #133-C and authorize the Clerk to the Board to publish forthwith. Commissioner Kirby seconded the motion which carried unanimously. NEW: CONSIDER 1986 DANCE LICENSE FOR ERNIE LLAMAS, DBA ERNIE'S BAR: Lee Morrison, Assistant County Attorney, stated that the Tavern License for this establishment is now in effect. Following discussion, Commissioner Lacy moved to approve the 1986 Dance License for Ernie Llamas, dba Ernie's Bar. Commissio:er Kirby seconded the motion and it carried unanimously. CONSIDER RESOLUTION RE: AGREEMENT WITH DANIEL I. CORRELL AND AUTHORIZE CHAIRMAN TO SIGN: Chuck Cunliffe, Director of Planning Services, stated that this agreement for checking plans, is not to exceed $10,000, an amount which proved to be adequate during 1985. Commissioner Kirby moved to approve the Resolution approving the agreement with Daniel I. Correll and authorizing the Chairman to sign same. The motion was seconded by Commissioner Lacy and carried unanimously. CONSIDER IMPROVEMENTS AGREEMENT - ACCORDING TO POLICY REGARDING COLLATERAL FOR ACCESS ROADS - BEEBE DRAW: Gloria Dunn, Planning Department representative, stated that the Planning staff has no objections to approval of this agreement. Commissioner Kirby moved to approve the Improvements Agreement with Beebe Draw Land Co. Seconded by Commissioner Lacy, the motion carried unanimously. Minutes - December 30, 1985 Page 2 7 c '-/%- CONSIDER IMPROVEMENTS AGREEMENT - ACCORDING TO POLICY REGARDING COLLATERAL FOR INTERNAL IMPROVEMENTS - BEEBE DRAW: Commissioner Kirby moved to approve this Improvements Agreement with Beebe Draw Land Co. and Commissioner Lacy seconded the motion. Mr. Morrison called to the Board's attention that dates for the phasing of the plan are listed in the plat map attached as Exhibit "B". The motion to approve the Improvements Agreement carried unanimously. CONSIDER RESOLUTION RE: ZONING AND BUILDING CODE INVESTIGATION • FEE MORATORIUM: Mr. Cunliffe explained that an investigation fee is charged for cases where use of land or construction or location of structures has occurred without first obtaining the proper permits. This Resolution will provide a two month moratorium on the collection of these investigation fees, with the applicant still being responsible for the usual building and/or zoning fees. Mr. Cunliffe also stated that a press release is ready for distribution to all local newspapers serving Weld County residents. Commissioner Lacy moved to approve the Resolution establishing a moratorium on zoning and building code investigation fees. The motion, seconded by Commissioner Yamaguchi, carried unanimously. CONSIDER AMENDMENT TO REPLAT - LUNDVALL: Ms. Dunn stated that the Planning staff has received a request that Condition #1-B of the Replat recently approved for Steve S. Lundvall be amended. The requested amendment would require that Kiowa Drive be paved by June 30, 1986, rather than before any building permits can be issued. Steve Lundvall came forward to answer questions of the Board. Commissioner Kirby moved to approve the amendment to this replat. Commissioner Lacy seconded the motion. Jay Freese, Engineer, came forward to clarify whether or not a building permit could be issued and was assured that a permit could be issued if this amendment is approved. The motion carried unanimously. CONSIDER IMPROVEMENTS AGREEMENT - ACCORDING TO POLICY REGARDING COLLATERAL FOR INTERNAL IMPROVEMENTS - LUNDVALL: Ms. Dunn said that the Planning staff has no objection to the approval of this Improvements Agreement. Commissioner Kirby moved to approve the Improvements Agreement for Steve Lundvall. The motion, seconded by Commissioner Lacy, carried unanimously. CONSIDER RESOLUTION RE: DECISION OF BOARD TO COMPLY WITH CHAPTER 9.48 OF GREELEY MUNICIPAL CODE RELATING TO SMOKING IN PUBLIC PLACES: Mr. Morrison explained that this Resolution is a formalized version of the Board memo designating certain areas to comply with a recent City of Greeley Ordinance regarding smoking in public buildings. Following discussion, Commissioner Kirby moved to Lpprove the Resolution affirming the decision of the Board to comply with Chapter 9.48 of the Greeley Municipal Code relating to smoking in public places. Chairman Johnson seconded the motion. After further discussion, the motion carried on a roll call vote, with Chairman Johnson and Commissioners Kirby and Lacy voting aye and Commissioner Yamaguchi voting nay. FINAL READING OF ORDINANCE #119-C CONCERNING REVISIONS TO BUILDING CODE ORDINANCE: Commissioner Lacy moved that Ordinance #119—C be read into the record by title only. The motion was seconded by Commissioner Kirby and carried unanimously. Mr. Morrison read the title of Ordinance #119—C into the record. O. Commissioner Lacy moved to approve Ordinance #119—C on final reading and authorize the Clerk to the Board to publish forthwith. Seconded by Commissioner Kirby, the motion carried unanimously. Minutes — December 30, 1985 Page 3 CONSIDER RESOLUTION RE: TRANSFER AND ASSIGNMENT OF CABLE TV FRANCHISE TO SOUTHWEST CABLEVISION, LIMITED: Mr. Morrison stated that this change is a matter of form only, and the local entity will remain the same. After Mr. Morrison reviewed the terms of the Resolution, Commissioner Lacy moved to approve the Resolution concerning the transfer and assignment of the Cable TV Franchise to Southwest Cablevision, Limited. Commissioner Kirby seconded the motion which carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. Emergency Ordinance #133-C was approved and Ordinance #119-C was approved on final reading. 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: ° ' a.CLann4A.;(.4-2ACTw BOARD OF COUNTY CONM lSIONERS 0 WELD COUNTY, COLORADO Weld County Clerk and Recorder � . 1�� \VAC11 1%- and Clerk to the Board J:cque e Joh.so. , Chairman EXCUSED Deputy County Deputy County Cle Gene R. Brantner, Pro-Tem etaiVIVA, C.W. Kirb v - - Gor Era Ya aguc i Minutes — December 30, 1985 Page 4 Hello