HomeMy WebLinkAbout920278.tiff RESOLUTION
RE: ADOPTION OF AMENDED GENERAL ADMINISTRATION SECTION OF THE WELD COUNTY
ADMINISTRATIVE MANUAL AND INCORPORATION INTO SAID 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 General
Administration Section of the Weld County Administrative Manual, as attached
hereto and incorporated herein by reference, and
WHEREAS, the Board of County Commissioners deems it advisable to adopt the
amended General Administration Section of the Administrative Manual and further,
to incorporate said section into the Administrative Manual.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the abovementioned amended General Administration Section
be, and hereby is, adopted.
BE IT FURTHER RESOLVED by the Board that said amended General
Administration Section 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 23rd day of March, A.D. , 1992.
g/A / „ GL BOARD OF COUNTY COMMISSIONERS
ATTEST: G /I��j/VJ WELD CO TY, COLORADO
Weld County Clerk to the Board
Ge e Ken dy, Chairman
BY: �+^'' ''4 �fiS-�� XL
Deputy �e to the Board Constance L. Harbert, Pro-Tem
APPROVED AS 0 FORM:
C. W Kirti
County Attorney Gordo
W. H. Webster
920278
-tor
POLICIES AND PROCEDURES
c, ` `;
Section General Administration
Subject Table of Contents
Waif
COLOAA Date March 23, 1992 Page 1
TABLE OF CONTENTS
BOARD OF COMMISSIONERS - GENERAL PROCEDURES: Page
Board Procedures 3
Work Sessions 7
Designation of Departments for Commissioner Coordinator . . 9
Board and Commission Appointments 10
Authorizations 12
Procedure for Charter Petition 13
Notification Procedure for Emergency Incidents 15
BOARD OF COMMISSIONERS - GENERAL POLICIES:
Press Release Policy 16
Lobbying Policy 17
Contracts 18
Legal Opinions 22
Publication of Annual Reports 23
Dimension Standards for Letter Size Mail 24
County Property 26
Mineral Leasing Policy 28
Mineral Leasing Policy Concerning Extensions 29
Suspension of Operations on Uneconomical Oil and Gas Wells . 30
Industrial Revenue Bonds 31
Permits, Regulations, Fees 36
Authority to Invest in Government Securities 42
Use of Conservation Trust Funds 43
Official Recognition and Proclamations of Special Events,
Causes, and Celebrations 44
Policy for Accepting Individuals Sentenced from Other
Jurisdictions Into the Work Release Program 45
PLANNING/ZONING MATTERS:
Applications for Land Use for Property Previously Denied . . . 47
Planning Matters with Less than Full Board Present 49
Policy on Collateral for Improvements 50
Procedure for Requesting Pre-Advertising on Land Use
Applications 56
Land Use Packets 58
Record of Land Use Hearings 59
920278
POLICIES AND PROCEDURES
At If kr
j1 t Section General Administration
Subject Table of Contents
COLORA� Date March 23. 1992 Page 2
HEARINGS - GENERAL: Page
Appeals Process 60
Guidelines for the Refusal to Renew A Liquor License 61
Procedure for Probable Cause Hearings 63
General Procedures for Adjudicatory-Type Hearings 65
Procedure for Hearing of Petitions for Tax Refund or
Abatement 71
Assessment Arbitration Rules and Procedures 72
EMPLOYEE/BENEFIT MATTERS:
Weld County Blood Bank 77
AIDS Policy 78
Employee Car Pooling 84
Collect Calls by Employees to Centennial Center 85
Description of Weld County Retirement Plan 87
Reimbursement Policy for Damage Incurred During Emergency,
Disaster, or Search and Rescue Situations 89
Compensation to Individuals for Losses Associated with
Animals and Equipment while in Volunteer Capacity . . . 90
Emergency Closing Procedure 91
Ambulance Uniform Allowance 92
Smoking in Buildings & Vehicles Under the Control of
Weld County 93
ENGINEERING/ROAD AND BRIDGE POLICIES:
Road and Bridge Policies 94
Fugitive Dust Control on Weld County Roads 101
Procedures Regarding Survey Monuments 103
CJ?'J ntC
POLICIES AND PROCEDURES
if
trivia
Section General Administration
Subject Board Procedures
COLORS Date March 23, 1992 Page 3
BOARD PROCEDURES
CONDUCT OF MEETINGS
1. The Board of County Commissioners shall conduct two weekly Board
meetings, on Monday and Wednesday of each week to commence at 9:00
A.M.
A. A regular meeting may be canceled, however, by resolution of
the Board passed and publicly announced at least ten (10) days
prior to the canceled meeting date.
B. Special meetings shall be called by the Clerk upon the written
request of the Chairman or of any three (3) members of the
Board. Each member of the Board shall be provided at least
twenty-four hours written notice of such meeting, served
personally or left at each members usual place of residence.
However, a special meeting called as herein provided may be
held on shorter notice if all members of the Board are present
and have waived notice thereof in writing. A copy of the
notice of a special meeting shall be posted in a conspicuous
place in the Office of the Board at the time such notice is
given to members of the Board. No business shall be
transacted at a special meeting unless the same has been
stated in the notice of such meeting.
C. In the event that a legal holiday should fall on a Monday or
Wednesday, there shall be no need to declare a cancellation of
said meeting.
2. The Board of County Commissioners shall convene each Monday and
Wednesday as the Board of Social Services, in order to meet the
requirement of Section 26-1-116(3) CRS, as amended to keep the Board
of Social Services business separate and distinct from other County
business.
3. On the fourth Monday of the month, the Board shall convene as the
Weld County Housing Authority.
9 7,02 78
POLICIES AND PROCEDURES
ti
{J Section General Administration
WinoSubject Board Procedures —
COLORA Date March 23, 1992 Page 4
4. Agenda Items.
A. The deadline for the Monday agenda is 10:30 a.m. on Friday.
The deadline for the Wednesday agenda is 2:00 p.m. on Monday.
Agenda items will no longer be accepted by phone. The
original document, along with any pertinent backup material
MUST be in the Clerk to the Board's Office by the deadline in
order to be listed on the Monday or Wednesday Agenda. In the
event of a Monday holiday, the deadline for that week's
Wednesday agenda is 2:00 p.m. on the previous Friday.
B. The Chairman may authorize the addition of an item to the
agenda if there are no objections from another member of the
Board. If there are objections to the addition, a motion must
be made, seconded and passed by a 2/3 majority vote to allow
the addition.
C. Reports, correspondence, and informational items on matters to
be included on Board meeting agendas should be sent to the
Clerk to the Board with six copies.
D. A list of department heads and elected officials scheduled for
reports at Wednesday Board meetings will be provided by the
Commissioners' Office.
E. Copies of the agenda and minutes of the regularly scheduled
Board meetings are available upon request from the Clerk to
the Board's Office for a subscription fee of $48.00 per year.
5. Consent Agenda
A. The purpose of the Consent Agenda is to contain informational
items only, such as appointments, communications, reports, and
to list resolutions and contracts being signed on that date.
The Board acts on the Consent Agenda by either approving or
amending and then approving the Consent Agenda without
spending time on each individual item.
B. Anything listed as being signed on the Consent Agenda will be
included in the Clerk to the Board's computerized index for
future reference.
C. All Resolutions will be listed on the Consent Agenda of the
meeting immediately following the date they were approved.
(This includes items of business that were listed as "New
Business" by Resolution. )
132 9
v: -
POLICIES AND PROCEDURES
Section General Administration
Subject Board Procedures
IMP%
C0L0AA Date March 23, 1992 Page 5
6. Contracts
A. Resolutions will be done for approval of all contracts and
agreements. Approval of a contract or agreement will be
listed as an item of "New Business", to authorize Chairman to
sign. The resolution will then be listed on the "Consent
Agenda" of the meeting immediately following the date it was
approved.
B. Contracts, Agreements, Leases, etc. needing the signature of
a second or third party will no longer be accepted prior to
that signature being obtained. When presented to the Board of
Commissioners, the Contract should have SIGNATURES OF ALL
OTHER PARTIES. Departmental personnel should obtain the
signature of the second party BEFORE sending to Clerk to the
Board's office, since those not being properly signed will be
returned to the concerned department via interoffice mail,
thus delaying approval of the Contract for several days.
C. Contracts with the State of Colorado or other governmental
units: Will be handled in the same manner as in the past.
The Resolution authorizing the Chairman to sign will be listed
on the Consent Agenda on the date immediately following
approval. They do not require signature of the second party
prior to being presented to the Board.
D. Contracts resulting from bid approvals: Those that need to
have signatures do not need separate approval or
authorization. They will be listed on the Consent Agenda,
however, showing the date they were signed.
E. Emergency Bid: Approval of any bid prior to the ten-day
waiting period, shall be done by resolution.
F. Attestation Block: The signature block for the Chairman or
the five Commissioners MUST be followed by an attestation
block for the Clerk to the Board attestation. This block
should ALWAYS BE DIRECTLY UNDERNEATH OR TO THE LEFT OF THE
CHAIRMAN'S SIGNATURE. There should not be Any signatures or
verbiage between the attestation block and the signature
block. Following are examples of each way it may be done:
92; t27,9
POLICIES AND PROCEDURES
11 t. Section General Administration
WhitSubject Board ProceduresCOLORA Date March 23. 1992 Page 6
*********************************************************************
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
BY:
By: George Kennedy, Chairman
Deputy Clerk to the Board
*********************************************************************
OTHER BOARD OF COUNTY COMMISSIONERS
SIGNATURES WELD COUNTY, COLORADO
SUCH AS
DEPARTMENT HEAD
BY:
George Kennedy, Chairman
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
*********************************************************************
1) Please note, "Deputy Clerk to the Board"
NOT "Deputy County Clerk". If this is not
properly completed, it could result in your
documents being returned for correction,
which will delay their approval.
5. Commissioners' Board meetings shall be conducted by Roberts Rules of
Order.
POLICIES AND PROCEDURES
tie
I t �1i Section General Administration
Subject Work Sessions
COLOAA' Date March 23, 1992 Page 7
WORK SESSIONS
The Board of County Commissioners will hold weekly work sessions each
Monday morning, beginning at 10:00 A.M.
The work sessions are intended to provide a means of getting specific
Board direction on items which will eventually require Board action or to
brief the Board concerning problems or alternatives involving items which
are soon to be scheduled on regular Board meetings. Budgetary concerns
and policy questions should also be considered at work sessions. For
other types of items, the following alternatives should be used:
A. Informational Items: Send in writing to the Commissioners'
Office to be routed to the entire Board, or schedule a meeting
with the Commissioner Coordinator and/or Assistant Coordinator
for that area of concern.
B. Items Scheduled for Board Meeting: Certain items which do not
represent a change in Board policy or increase over budgeted
levels (some bids, contract or grant renewals, etc. ) can be
taken directly to the Board meeting, with a brief review at
that time. Such items can be reviewed with the Commissioner
Coordinator in advance if necessary, who can then relay any
concerns to other Board members or refer them to work session
if warranted.
C. Progress Reports/Updates on Programs: Send in writing to the
Commissioners' Office. If the Commissioners have any
questions, they will request that a work session be scheduled.
Work Session/Review Process: In order to facilitate the review/work
session process beginning January 1, 1985, the Board will schedule work
sessions based upon a review/work session request. A form is available
from the Commissioners' Office to be used in the process. The Board will
review requests and schedule those items requiring work sessions. Items
not requiring work sessions will be acted on by the Board and returned to
the department. The Commissioners' Secretary will take and disseminate
minutes of the work sessions.
This process allows the Board to target their time to the most relevant
issues of the County. In addition, time is freed to schedule
comprehensive program and policy reviews of County programs on an on-going
basis.
O21'
POLICIES AND PROCEDURES
j� Section General Administration
Subject Work Sessions
CO It Date March 23, 1992 Page 8
An Elected Officials meeting will be held on the second Monday of each
month at 10:00 A.M.
At 10:00 a.m. on the third Monday of the month, the Board will hold a work
session as the Weld County Housing Authority.
yr-.
POLICIES AND PROCEDURES
-1` alei Section General Administration
WIDSubject Designation of Departments for Commissioner Coordination
COLOAA Date March 23, 1992 Page 9
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 Sanitary Landfills
Personnel Division Airport
Finance Division Missile Site Parks
Accounting Division Veterans' Office
Building and Grounds PBX
Parks and Recreation Information Services
Clerk to the Board County Shops
3. Department of Health Services
Health Department Health Board
Hospital Hospital Board of Trustees
Human Resources Human Resources Advisory Board
Social Services Housing Authority
Ambulance Service
4. Department of Planning Services
Planning Department Uniform Building Code Board
Building Inspection of Appeals
Board of Adjustment Utilities Coordinating Board
Planning Commission
5. Department of Engineering Services
Road and Bridge Engineering
6. Department of Communications Services
Extension Service County-wide Communications
Fair Board E-911
Communications Advisory Board
Q',a''Li';,0
POLICIES AND PROCEDURES
k mPoi Section General Administration
Subject Rnard and Commission Appointments
COLORADO Date March 23, 1992 Page 10
BOARD AND COMMISSION APPOINTMENTS
1. The procedures for appointments to any appointive agency, board or
commission shall be in compliance with the appropriate provisions of
the Weld County Home Rule Charter.
A. The term of office for a member of any appointive agency,
board or commission shall be three years.
B. No member of an agency, board or commission shall serve more
than two consecutive terms on any one appointive agency, board
or commission.
C. No one who has served as an elective officer of Weld County
shall be appointed to an appointive agency, board or
commission until at least one year after leaving office.
D. No county officer, employee or member of an appointive board,
agency or commission shall have any pecuniary interest in any
entity doing business with Weld County if such interest could
interfere with the unbiased discharge of his duty to the
general public or interfere with his ability to act in the
best interest of Weld County. This restriction shall not
apply in the instance where the officer, employee's department
or member of an appointive agency, board or commission has no
direct contact nor any business transactions with such entity.
E. Pursuant to the Home Rule Charter of Weld County, the Board of
County Commissioners shall determine six geographic areas from
which members of Boards shall be appointed.
2. The Board of County Commissioners, utilizing school district
boundaries, designated by a resolution dated March 27, 1985, the
following six districts, which may be altered at the discretion of
the Board, if deemed necessary:
S?Ai Z r
POLICIES AND PRt, CEDURES
V •E Section General Administration
Nig% Subject Board and Commission Appointments
COLORA Date March 23, 1992 Page 11
District 1: RE-9 Ault, Pierce
RE-12 Grover, Hereford
RE-11J Raymer, Buckingham
District 2: RE-4 Eaton, Galeton
RE-2 Windsor
RE-10 Briggsdale
District 3: RE-6 Evans, Greeley, West of 14th Avenue
District 4: RE-6 Evans, Greeley, East of 14th Avenue
RE-7 Kersey, Gill, Barnesville
District 5: RE-5J Johnstown, Milliken
RE-1 Gilcrest, Platteville, LaSalle
RE-1J Longmont (Erie, Frederick, Firestone,
Dacono)
RE-2J Berthoud
District 6: RE-3J Roggen, Keenesburg, Hudson
RE-50J Masters, Deerfield
RE-8 Ft. Lupton
RE-27J Brighton
RE-20J Weldona
22'0',73
POLICIES AND PROCEDURES
/� •
Section General Administration
WhitSubject Authorizations
COLORADO Date March 23, 1992 Page 12
AUTHORIZATIONS
1. The Chairman of the Board of County Commissioners is authorized and
directed to sign all legal papers on behalf of the Board of County
Commissioners, in and for the County of Weld, or documents wherein
the statutes require only the signature of the Chairman of the
Board, attested by the Clerk to the Board. The Clerk to the Board
shall be the custodian of the County Seal and affix said seal to
documents as required.
2. The Clerk to the Board of Weld County, Colorado, and the Chairman of
the Board of County Commissioners of Weld County, Colorado, are
designated as persons authorized to sign all Weld County, Colorado
Warrants.
3. The Chairman of the Board of County Commissioners has standing
authority and is authorized and directed to sign personal service
contracts under $2,000, as well as all equipment maintenance,
equipment lease, and computer equipment purchase agreements.
4. The Board of County Commissioners of Weld County authorized, by
resolution dated December 19, 1984, the Director of Finance and
Administration to prepare routine payroll warrants for the actual
hours worked; and authorized the Clerk to the Board to sign and
release said warrants, with the understanding that the routine
warrants will be presented at the next formal Board meeting for
approval by the Board of County Commissioners. The Board of County
Commissioners directed that any controversial or unusual items for
payment be delayed in processing until formal action by the Board.
POLICIES AND PRL ,; EDURES
"I, &4ir
Section General Administration
Subject Procedure for Charter Petition
111116%
COLORA Date March 23, 1992 Page 13
PROCEDURE FOR CHARTER PETITION
By resolution on April 25, 1984, the Board of County Commissioners of Weld
County, Colorado adopted the following procedures and clarifications in
order to implement Article XVII of the Weld County Home Rule Charter:
1. For the purposes of implementation of Section 17-1(2) of the
Weld County Home Rule Charter in a manner consistent with the
terms of CRS, $30-11-506(2), the term "qualified electors"
shall be interpreted to include registered, qualified,
electors.
2. For the purposes of Section 17-1(3) of the Weld County Home
Rule Charter, the date of initiation of a proposed amendment,
when initiated by petition, shall be the date said petition is
filed with the Board of County Commissioners.
3. Petitions filed pursuant to Section 17-1 of the Weld County
Home Rule Charter may be circulated at any time and shall be
of a form which shall contain the following information:
A. A statement indicating what is to be accomplished by the
petition, stated in a clear, concise manner to the
signer of the petition with appropriate citation of
authority to State statute and the Weld County Home Rule
Charter.
B. A statement directing the Board of County Commissioners
to carry out certain actions pursuant to State law or
the Weld County Home Rule Charter.
C. If the petition is for the amendment of a particular
provision of the Weld County Home Rule Charter, the
petition shall state the section or subsection of the
Weld County Home Rule Charter as it will read if the
amendment is duly adopted.
D. Each line on the petition must provide the following
information: The signature of the signer of the
petition, the printed name of the signer of the
petition, the signer's place of residence shall be
designated by street and number or by Weld County Road
number or legal description and an indication of the
appropriate city or town but in no case shall
designation be by Post Office Box. 7
POLICIES AND PROCEDURES
A St IV'
Section General Administration
Subject Procedure for Charter Petition
WOO%
COLORA Date March 23, 1992 Page 14
E. Each circulator of a petition page must subscribe and
swear to an Affidavit of Circulator before a person
authorized by the State of Colorado to administer oaths,
and each page of the Petition must be signed by the
circulator.
220279
POLICIES AND PROCEDURES
Section General Administration
WIlDSubject Notification Procedures for Emergency Incidents
0
COLOBA Date March 23, 1992 Page 15
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 injury
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
POLICIES AND PROCEDURES
w`
Section General Administration
WILDSubject Press Release Policy
COLOBA Date March 23, 1992 Page 16
PRESS RELEASE POLICY
The only press releases that do not need prior approval of the Board of
County Commissioners before release are as follows:
1. It is totally related to the issuing department.
2. It does not take issue with established County policy.
3. It is not related to lobbying for or against a legislative
issue. (See Lobbying Policy) .
4. The Office of Emergency Management, under the direction of the
Sheriff, is designated as the Weld County Agency responsible
for gathering and disseminating all public information
associated with an emergency situation in Weld County. All
County officials and employees under the direction of the
Board of County Commissioners are directed to provide the
Office of Emergency Management all appropriate public
information associated with an emergency situation for
dissemination to the public, to direct public and media
inquiries to the Office of Emergency Management for
coordinated and centralized information associated with an
emergency situation, and to refrain from providing such
information to the media or public directly concerning an
emergency situation in Weld County, in order to insure that
complete and accurate information is disseminated on a timely
basis.
97,02:73
POLICIES AND PR .. CEDURES
' ¶\ 'ill 4
*104 Section General Administration
WilkSubject Lobbying Policy
COLORADO Date March 23, 1992 Page 17
LOBBYING POLICY
Lobbying per state law (Section 24-6-302, CRS, as amended) is defined as
attempting to aid in or to influence:
A. The passage or defeat of any legislation by the general
assembly or the approval or veto of any legislation by the
governor of this state;
B. The adoption or defeat of any standard, rule, rate, or
decision of any board or commission of this state which has
been delegated rule-making authority by the general assembly.
In order to coordinate and control the legislative program of Weld County,
the Board of County Commissioners requires that all lobbying efforts by
county personnel (other than independently elected officials) be
sanctioned by the Board. Requests to lobby by department personnel should
be directed to the respective Commissioner Coordinator, who will seek
Board consensus on the issue and, if appropriate, Board authority
sanctioning lobbying efforts in the best interest of Weld County.
In accordance with Federal Rules and Regulations no Federal funds,
including Revenue Sharing, can be used for lobbying activities in any way:
A. To attempt to influence in any manner a member of Congress to
favor or oppose any legislation or appropriation by Congress;
B. To attempt to influence in any manner State or local
legislators to favor or oppose any legislation or
appropriation by such legislators. Communications and
consultation with State and local legislators for purposes of
providing information such as on matters necessary to provide
compliance with the Federal laws or regulations shall not be
considered lobbying.
Therefore, no county employee or official shall use Federal funds for
lobbying activities.
Any county employee or official lobbying on behalf of Weld County shall
comply with the State regulation of lobbyists (Sections 24-6-301 and 24-6-
308, CRS, 1973, as amended) . In the event any county funds are expended
for lobbying activities, a copy of such expenditure claim form(s) shall be
sent to the Director of Finance and Administration specifying the date,
2207,733
POLICIES AND PROCEDURES
i '1 qi
Section General Administration
WILDS
Subject Lobbying PolicyCOLORA Date March 23. 1992 Page 18
lobby activity, purpose of expense, and name of the official or group
lobbied. In the event the sum total of expended funds requires a filing
with the Secretary of State, the Director of Finance and Administration
and county employee or official involved will insure proper filings to the
Secretary of State are made.
7,0275.1;.,)
POLICIES AND PRt, CEDURES
(l ,
Section General Administration
WI`P Subject Contracts
COLORA Date March 23, 1992 Page 19
CONTRACTS
Ordinance #42 specifies the procedures concerning contracts for Weld
County:
ORDINANCE NO. 42
IN THE NATTER OF ORDINANCE PROCEDURES OFF THE BOARD OF COUNTY COHIISSIONERS OF WELD
COUNTY, COLORADO RELATING TO CONTRACTS.
BE IT ORDAINED BY THE BOARD OF COUNTY COMISSIONERS OF WELD COUNTY, COLORADO:
WHEREAS, Article III, Section 3-10 of the Weld County Home Rule Charter provides
that the Board of County Commissioners of Weld County, Colorado shall adopt rules of
procedure governing the time, place, and conduct of its meetings and hearings, and the
introduction of an action upon motions, resolutions, and ordinances, and
WHEREAS Article III, Section 3-8 of the Weld County Home Rule Charter provides
that the powers and duties of the Board of County Commissioners shall include duties and
powers to enact legislation, including such means of enforcement thereof as shall be
authorized by law, and otherwise formally promulgate county policy. Unless otherwise
required by statute, the Board shall act only by ordinance in matters of legislation,
contracts, appropriations, and disposition of real property, and by ordinance, resolution
or motion, as may be appropriate, in other matters, and
WHEREAS, the language set forth in Article II, Section 2-3 of the Weld County
Home Rule Charter indicates that the original drafters of the Weld County Home Rule
Charter intended to make a distinction between the definition of • contract and an
agreement, and
WHEREAS, Article II, Section 2-3 of the Weld County Home Rule Charter specifies
that in said Charter no mention of a particular power or enumeration of similar powers
shall be construed to be exclusive or to restrict the authority that the county would
otherwise have if the particular power were not mentioned or the similar powers not
enumerated. Said Section further provides that the Charter shall be liberally construed
to the end that, within the limits imposed by the Charter and by the laws of the United
States and of the State of Colorado, Weld County shall have all of the powers necessary
or convenient for the conduct of its affairs, including all powers that counties may
assume under the statutes of the State of Colorado and under the provisions of the
Constitution of the State of Colorado concerning County Home Rule, and
WHEREAS, the definition of contracts for the purpose of acting by ordinance is
not specifically enumerated in the Charter and inasmuch as Article II, Section 2-5
provides that the Charter shall be liberally construed when particular powers are not
mentioned or enumerated and further provides that the County shall have the powers
necessary and convenient for the conduct of its affairs, the following definitions of
contracts and rules governing ordinances and contracts in Weld County shall become
effective upon the adoption of this Ordinances
nr-/O77N
POLICIES AND PROCEDURES
E�j-�,,
�� Section General Administration
WIiD Subject Contracts _
COLORA Date March 23, 1992 Page 20
1. Incompliance with Article III, Section 3-8 of the Weld County
Home Rule Charter, which provides that the Board of County
Commissioners of Weld County, Colorado, shall act only by
ordinance in matters of contracts and inasmuch as the annual
appropriation ordinance provides for authority to expend or
contract to expend or to enter into any contract which, by its
terms, involves the expenditure of money for any purpose
recited in the annual appropriation ordinance, it is therefore
ordained that it is the intent of the Board of County
Commissioners of Weld County, Colorado, that an annual
appropriation ordinance is the ordinance by which the Board
acts during each fiscal year in matters of all contracts that
involve the expenditure of money for any of the purposes which
are covered by the monies appropriated by the annual
appropriation ordinance.
2. It is further ordained that it is the intent of the Board of
County Commissioners of Weld County, Colorado, that the annual
appropriation ordinance is the ordinance by which the Board
acts during each fiscal year in matters of all contracts that
involve revenue sources from intergovernmental agreements or
for any of the purposes which are covered by monies
appropriated by the annual appropriation ordinance.
3. It is further ordained that in accordance with Article II,
Section 2-3 of the Weld County Horns Rule Charter, that the
Board of County Commissioners shall act by resolution in
agreements with other governmental units for the joint use of
buildings, equipment and facilities and for furnishing and
receiving commodities or services if approved by the Board.
4. It is further ordained that it is the intent of the Board of
County Commissioners of Weld County, Colorado, that the annual
appropriation ordinance is the ordinance by which the Board
acts during each fiscal year in matters of all contracts
involving discretionary grant programs which are covered by
monies appropriated by the annual appropriation ordinance, and
any funding level determinations, administrative amendments,
or other administrative actions required by the Board of
County Commissioners shall be by resolution of said Board.
5. It is further ordained that in cases in which specific
programs in Weld County are mandated by the laws of the State
of Colorado or the United States of America or by the courts
of the State of Colorado and the United States of America that
any administrative action required by the Board in such
instances shall be by resolution of the Board.
6. It is further ordained that the Board of County Commissioners
of Weld County, Colorado shall act by resolution in situations
involving letters of agreement with other governmental units
which are purely administrative in nature.
Q�aF•e�� A° `�
POLICIES AND PRuCEDURES
$`
1/4 lei Section General Administration
WISP Subject Contracts
O
COLORA Date March 23, 1992 Page 21
7. It is further ordained that it shall be the policy of the
Board of County Commissioners of Weld County, Colorado, in
compliance with the Weld County Home Rule Charter, that any
contract involving a new program that has not been considered
by the Board during the annual public budget hearings and in
the event that monies for the purpose of funding said programs
are not covered by the monies appropriated by the annual
appropriation ordinance, then, in such cases, the Board of
County Commissioners shall act only by ordinance in
considering said matter.
8. It is further ordained that the Board of County Commissioners
of Weld County, Colorado shall act only by ordinance in any
matter concerning a contract that involves debt financing.
9. It is further ordained that the Board of County Commissioners
may, in the conduct of the County's affairs, act by ordinance
on any policy issue involving administrative matters that said
Board feels necessary.
BE IT FURTHER ORDAINED that in accordance with Article III, Section 3-10 of the
Weld County Home Rule Charter, that the procedural rules governing ordinances are as
follows:
a) An ordinance moat be read in full at the time it is first
introduced. The ordinance may be read by title only at the
second and third readings provided there is • waiver by a
four-fifths vote of the Board of County Commissioner: and no
public objection is voiced in the proceedings.
b) Except for the correction of typographical or clerical errors,
when ordinances, other than emergency ordinances, are altered
after the first introduction, a new ordinance must be
substituted in its place and the ordinance procedure shall be
repeated in full.
c) Any exhibit or attachments relevant to the Ordinance shall be
referred to in the body of the ordinance, but will not be
published as part of the ordinance but the ordinance shall
state that copies of the material are available for inspection
at the office of the Clerk to the Board of County
Commissioners of Weld County, Colorado.
The above and foregoing Ordinance No. 42 was, on notion duly made and seconded,
adopted by the following vote on the 11th day of December. A.D., 1978.
(Signatures and Attestation)
POLICIES AND PROCEDURES
-111t 1431
t Section General Administration
MID% Subject Legal Opinions _
cOLOBA Date March 23, 1992 Page 22
LEGAL OPINIONS
1. It shall be the policy of the Department of Law, under Article V of
the Home Rule Charter of Weld County, Colorado, that all requests
for opinions issued by the Department of Law under Section 5-3(2)
and (3), shall be personally directed to the Weld County Attorney
for review.
2. In the first instance, all opinions on questions of law issued by
the office of the County Attorney to the Board of County
Commissioners and the other departments and divisions of County
government of Weld County, shall be deemed informal and shall be
designated "MEMORANDUM OF LAW."
3. All formal written opinions to be maintained by the County as public
documents, pursuant to Article V, Section 5-3(3) of the Home Rule
Charter of Weld County, Colorado, shall be issued by the office of
the County Attorney only after an informal memorandum of law on that
subject shall have been written, and only upon written request and
personal interview by the party requesting the formal written
opinion with the County Attorney. All such opinions shall be
designated "FORMAL OPINION."
22:02'79
POLICIES AND PRt. tEDURES
C.1:P.-
Section General Administration
Ul�O Subject Publication of Annual Reports
COLORADO Date March 23, 1992 Page 23
PUBLICATION OF ANNUAL REPORTS
The following is the Board policy for the publication of annual reports
for activities under the Board of County Commissioners:
1. A statement justifying the need and purpose(s) of the report with
the proposed distribution of the report and estimated cost of
development should be submitted for approval by the Board prior to
proceeding in developing the report.
2. Estimated cost for the annual report should include the preparation
cost, staff time, typing, art work, and printing costs for the
proposed number of copies to be distributed.
3. Once justification for need and costs are approved by the Board,
development of the report can proceed.
4. Draft copies of an authorized report should be submitted to the
Board for comments and approval prior to publication and any
distribution.
9 ;0 :3
POLICIES AND PROCEDURES
II
I, • 1, •-114 Section General Administration
W�`P Subject Dimension Standards for Letter Size Mail
0
COLORA Date March 23, 1992 Page 24
DIMENSION STANDARDS FOR LETTER SIZE MAIL
Effective July 15, 1979, the Postal Services Board of Governor's has
adopted a recommended seven-cent surcharge for oversized and odd shaped
pieces of mail.
A. The Board of Governor's action defines that after July 15, 1979,
pieces will be non-mailable if they are less than either of the
following measurements: 3-1/2 inches high, 5 inches long, or 7
thousandths (.007) of an inch thick.
1. Items subject to the seven-cent surcharge will be first class
mail weighing 1 ounce or less, and single piece third class of
2 ounces or less that exceeds any of these dimensions: 6-1/8
inches high, 11-1/2 inches long, or } inch thick.
2. Also subject to the surcharge are odd shaped pieces within the
weight units noted above. The acceptable size ratio for such
pieces is: the length must be between 1.3 times and 2.5 times
the height.
B. The U.S. Postal Service has provided a form entitled "Dimension
Standards for Letter Size Mail". All offices of Weld County are
directed to adhere to the dimension standards for letter size mail
as enumerated above and as outlined on the "Dimension Standards for
Letter Size Mail", to avoid all seven-cent surcharge on non-
standardized letter size mail, and further, that the Director of
Purchasing is hereby directed to insure that all specifications for
bids and quotes for County purchases involving envelopes or cards
adhere to the "Dimension Standards for Letter Size Mail".
All outgoing County mail will be sent out through Printing and Supplies
and will be metered in that office. Offices are not to use stamps,
stamped mail or their own postage meters. Social Services shall have
authority to process their own mail due to the volume and funding of
Social Services activities.
Monday through Thursday all mail must be received by 3:00 p.m. in the
Print Shop in order to be mailed out the same day. On Friday, Presort
mail must be in the Print Shop by 2:30 p.m. Any mail received after these
times will be sent the following day.
9262 7;>
POLICIES AND PRuCEDURES
Lgs
�`t. Section General Administration
Wh i Subject Dimension Standards for Letter Size Mail
0
COLORA Date March 23, 1992 Page 25
Departments are responsible for the following:
1. Registered or Certified mail must be separate from all other
mail.
2. Prepaid mail must be separate from all other mail.
3. Personal mail must be separate from County mail and is to be
sorted for local and out of town and marked accordingly. It
must have postage affixed, no personal mail will be metered.
4. All mail must be labeled -- showing the Department's name so
proper postage charges can be made.
5. All first class mail must be labeled "Priority" or "Presort".
Any mail not properly labeled will be assumed to be Presort.
6. Any mail that is to be delivered to inner County Offices
should be put into Department mail boxes in Accounting. Do
not include in outgoing mail.
9207'7£
POLICIES AND PROCEDURES
if
Ile
Section General Administration
Subject County Property
11111k
COLORADO Date March 23, 1992 Page 26
COUNTY PROPERTY
1. The County cannot acquire real or personal property as a speculation
or an investment; its authority is to purchase and hold real and
personal property for the use of the County, and lands acquired by
Treasurer's Deed for non-payment of taxes, as provided by law.
2. Any property owned by the County through rights-of-way or through
easements shall not be offered on the open market, but to the
owner-of-record of the immediately contiguous property. In the case
of vacation of a section line right-of-way, title to the vacated
roadway shall be vested in the owners-of-record of the roadway,
pursuant to 43-2-302, CRS, as amended.
3. All sales of real property owned by Weld County, Colorado,
subsequent to June 6, 1977, shall include any mineral rights held by
Weld County in connection with said property sold, to the extent
that said mineral rights are owned by Weld County.
4. Real estate conveyed to the County for non-payment of taxes under
Section 39-11-142, CRS, as amended, shall be administered as
provided in Section 39-11-143, CRS, as amended, which states, in
part:
A. The Board of County Commissioners has the power to rent, lease
or sell such property so acquired as provided in this section.
B. Whenever such real estate is leased by the Board of County
Commissioners of such county, it shall be leased for the best
cash rental obtainable considering the condition and location
of such real estate, in the discretion of the Board of County
Commissioners; but no lease shall be for a period exceeding
five years.
C. Any such real estate so conveyed to the county may be sold at
public sale by the Board of County Commissioners. Prior to
offering such property for sale, the Board of County
Commissioners shall obtain from the assessor a certificate as
to the current actual value and the valuation for assessment
of the same. A notice of such sale shall be posted in a
public place in the county courthouse at least thirty days
before the date of sale, and such notice of sale shall also be
advertised in two issues of a newspaper of general circulation
in the county in which the property is situated, said
newspaper notices to appear one week apart and within the
POLICIES AND PROCEDURES
/) �E1r1
Section General Administration
Subject County Property
IMPS
COLOSA Date March 23, 1992 Page 27
thirty days as above provided. Such notice shall reserve the
right upon the part of the Board of County Commissioners to
reject any or all bids which are less than the value
determined by the assessor.
D. Such real estate may be sold at public sale when and if the
Board of County Commissioners receives a bid for any lots or
parcels which, in the discretion of the Board of County
Commissioners, is a sufficient purchase price. Such real
estate may be sold in such lots or parcels and upon such terms
of payment as the Board of County Commissioners deem
acceptable, but no deed shall be issued until the purchaser
has made payment in full. Upon written application of any
person, the Board of County Commissioners shall offer for sale
the property requested by such person to be sold: except that
no parcel shall be divided for the purpose of such requested
sale unless the Board of County Commissioners specifically
permits such division. The Board of County Commissioners, in
its discretion, may decline and refuse to offer for sale any
lots or parcels as it may determine to be useful or necessary
for present or future public projects to be defined in Section
30-20-301, CRS, as amended. The Board of County Commissioners
may, prior to the sale of any lot or parcel, reserve or grant
streets, alleys, or roads or utilities or other easements,
public or private, under such terms and conditions as it may
deem advisable and may rent or lease any lot or parcel
retained for present or future public projects to any person,
political subdivision, or quasi-municipal corporation.
5. Gravel obtained from County gravel easements and sites shall not be
sold or used for other than governmental purposes except by specific
authorization of the Board of Weld County Commissioners.
6. The Board of Weld County Commissioners authorizes and directs the
Chairman of the Board to file a criminal complaint on behalf of the
County against any and all persons caught or accused of removing
and/or destroying County owned property or having such County owned
property in his possession illegally. A reward of $500 shall be
paid to anyone for information leading to the arrest and conviction
of any person or persons found to be guilty of removing and/or
destroying County owned property or of possessing such County owned
property illegally.
7. When the County accepts gravel easements, abatements will not be
given on property taxes due therefrom.
9atPA)27
Q_ POLICIES AND PROCEDURES
Section General Administration
1111 111g Subject Mineral Leasing Policy
COLORA Date March 23, 1992 Page 28
MINERAL LEASING POLICY
Weld County owns mineral rights for approximately 40,000 acres. On
November 19, 1986, the Board of County Commissioners adopted the following
mineral leasing policy by resolution:
1. The term of the leasing period shall be for a maximum of three (3)
years.
2. There shall be a continuation of the sealed bid process with the
amendment that the top two bidders and any other bidder within 10%
shall participate in an auction. The opening of the sealed bids and
the auction shall be held on the same day.
3. A bid of at least $10.00 per acre shall be the minimum amount
required.
4. There shall be a continuation of the requirement for certified
funds.
5. Where there is a conflict concerning the ownership of the lease, the
owner of the lease shall provide evidence of ownership.
6. Royalty interest in the production to be paid to the County shall be
at least twelve and one-half percent (12.5%) . Specific amount of
royalty interest is to be set by the Board prior to bidding process.
7. Royalty interest in the production to be paid to the County shall be
twelve and one-half percent (12.5%) when bidding is waived on small
parcels under five acres with a minimum of a $200.00 royalty bonus
for the parcel.
Q , ZI_
POLICIES AND PROCEDURES
r` 41 Section General Administration
IMPSubject Mineral Leasing Policy Concerning Extensions
%
COLORA Date March 23, 1992 Page 29
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
Section General Administration
11111:111g Subject Suspension of Operations on Uneconomical Oil and Gas Wells
COLORA Date March 23, 1992 Page 30
SUSPENSION OF OPERATIONS ON UNECONOMICAL OIL AND GAS WELLS
By resolution on November 19, 1986, it shall be the policy of the Board of
County Commissioners of Weld County that the Board may grant the operators
of oil and gas wells on Weld County leaseholds the opportunity to
temporarily suspend operation on those wells that are, in the operator's
opinion, uneconomical to produce.
The suspension may be granted by the Board on receipt of a proper request
for the same. The Board will, however, review such request on a case-by-
case basis and will grant or deny the request as warranted.
The suspension will be granted for a term of one year from the next
anniversary date of the said oil and gas lease, subject to renewal if
appropriate.
The request for suspension of production shall include the following:
1. The production costs associated with the well(s) and the
current production and revenues received for the production
and other reasons justifying the request for suspension.
2. A listing of all working interest parties in the leasehold
(attach Division Order if applicable) .
3. A plat showing the amount of production from the well(s) and
current production from other producing wells of non-county
ownership in the reservoir (identify operator of non-county
production) .
4. Proposal of lessee, if required, to protect County mineral
lands from drainage by adjoining wells located on non-county
lands.
The Board of County Commissioners of the County of Weld will not entertain
a waiver of the shut-in royalty or per-acre lease rental provisions of its
oil and gas leases.
92037`
POLICIES AND PROCEDURES
t� V.
"ill
Section General Administration
WIDcSubject Industrial Revenue Bonds
COLORA Date March 23, 1992 Page 31
INDUSTRIAL REVENUE BONDS
Ordinance #69-A specifies the industrial development revenue bond policy
for Weld County:
ORDINANCE NO. 69-A
IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS, OF ORDINANCE NO. 69,
ADOPTION OF A COUNTY DEVELOPMENT REVENUE BOND POLICY FOR WELD COUNTY, COLORADO.
BE IT ORDAINED BY THE BOARD OF cowry COMMISSIONERS OF WELD COUNTY, COLORADO:
WHEREAS, Ordinance No. 69, In the Matter of the Repeal and Re-enactment, With
Amendments, Adoption of • County Development Revenue Bond Policy for Weld County,
Colorado, was previously passed and adopted on the 7th day of April, 1980, and
WHEREAS, PURSUANT TO THE 1967 County and Municipality Development Revenue Bond
Act, as set forth in Section 29-3-101, et seq., CRS, as amended, as amended, the County
of Weld is authorised to issue industrial revenue bonds, and
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, desires to repeal and re-enact, with amendments, Ordinance No. 69 for the
benefit of the inhabitants of Weld County and for the promotion of their safety, welfare,
convenience, and prosperity.
NW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld
County, Colorado that Ordinance No. 69, previously enacted, be, and hereby is, repealed
and re-enacted with amendments as follows:
SECTION 1. DECLARATION OF POLICY
It is hereby declared to be the policy of the County of Weld, State of Colorado,
to encourage the location, relocation, or expansion of manufacturing, industrial or
commercial enterprises within the corporate limits of the County, and to that end to
issue development revenue bonds pursuant to the 1967 County and Municipality Development
Revenue Bond Act, as set forth in Section 29-3-101, et seq., CRS, as amended, as amended.
This policy is adopted in furtherance of the primary objectives to mitigate the serious
threat of extensive unemployment, to secure and maintain a balanced and stable economy,
to ameliorate pollution and other environmental problems and to provide for the public
welfare. All such action provided under this policy, as set forth herein in Sections
2 and 3, shall be taken only when the same is exercised for the benefit of the
inhabitants of Weld County and for the promotion of their safety, welfare, convenience
and prosperity.
In furtherance of the policy set forth in Section 1, the Board declares that:
1.1 The Board of County Commissioners will make all necessary
determinations of the desirability of projects and will not delegate
this determination to any agency, contractor or employee of the County.
1.2 The County will not employ the provisions of the 1967 County and
Municipality Development Revenue Bond Act to industries presently
located in other parts of the State of Colorado if the result of such pc nrJ+, Tn
a.J((+U ! en
POLICIES AND PROCEDURES
�, `44
Section General Administration
WifeSubject Industrial Revenue Bonds _
COLORS Date March 23, 1992 Page 32
act is to induce removal of these industries from their present location.
1.3 The County declares its intention to require payments in lieu of ad
valorem real estate taxes on any project in the same amount and manner
as if the ownership of the real estate remained in private bands rather
than in the ownership of the County.
1.4 The County will require information and proof of such matters necessary
to establish the bona fide purposes of the applicant, while not
unnecessarily divulging information to the competitive disadvantage of
the applicant.
1.5 The County will, in performing its duties, seek to protect and enlarge
the good fiscal reputation of the County.
1.6 Material supplied under the following Sections of this Ordinance shall
became the property of the Weld County Government end shall be public
records.
SECTION 2. COUNTY PLANNING CRITERIA
2.1 All proposed projects shall be in accordance with and shall meet the
goals, concepts and objectives for development as set forth in the
County's Comprehensive Master Plan, and the comprehensive plan of any
incorporated Town or City if such project will be located therein or
within three (3) miles of the corporate limits of such Town or City.
2.2 The property on which any such project is to be located must be within
the corporate boundaries of Weld County and such property must have
affixed thereto s zoning district classification of the County or of
an incorporated City or Town which permits the proposed project use.
2.3 The plans for the proposed project shall be in strict compliance with
appropriate zoning and subdivision regulations of Weld County and of
any incorporated City or Town, if such project will be located within
the corporate limits of such City or Town.
2.4 The County, in consultation with municipalities and districts, will
review and determine the adequacy of water and sewer services prior to
approval by the Board of County Commissioners.
2.5 The proposed project plans shall be reviewed and analysed by the County
to determine necessary off-site capital improvements including, but not
limited to, streets, curbs, gutters, sidewalks, utility easements,
water and sewer lines and traffic control devices. Such review shall
include analysis and comments offered by any incorporated City, Town
and School District which may be affected by the project. Such
analysis is for the purpose of reporting to the Board of County
Commissioners the impact of such development upon other municipal
services and facilities. The determination of which parties shall bear
the cost of any required off-site improvements shall be set forth in
an agreement between all parties in interest prior to the consideration
by the Board of County Commissioners of a resolution of intent to issue 07,9.97;;
bonds for the project.
POL I CIES AND PRuCEDURES
I a
t Section General Administration
Subject Industrial Revenue Bonds _
COLOAA Date March 23. 1992 Page 33
SECTION 3. APPLICATION REQUIRDI NTS
In order to properly process and consider applications to issue bonds for
projects set forth herein, certain criteria, procedures, guidelines and requirements
shall be followed and submitted by the applicants as set forth below:
3.1 A written legal opinion directed to the Board of County Commissioners
from an attorney who is • qualified municipal bond counsel, stating
that the applicant's proposal falls within the intent and meaning of
the Economic Development Revenue Bond Act. Bond counsel shall be
selected by the applicant with the final approval of the Board of
County Commissioners.
3.2 Evidence that the proposed bond issue can be sold through an acceptable
underwriter or to an experienced investor or group of investors.
3.3 A written application containing the following information, to-wit:
(a) A history of the applicant, including • description of its
operations.
(b) Historical financial statistics of applicant for the last five
(5) years or for the entire time it has conducted business.
If the applicant is proposing co-signers or guarantors of the
bond issue, this same historical financial data must be
supplied for the co-signers or guarantors.
(c) A written report from the applicant's principal banker
concerning the applicant's financial position and ability to
meet the expense of the proposed bond issue. The applicant
should also provide a Dunn and Bradstreet Report or other
equivalent national rating of its financial position.
(d) Major customers of applicant and the annual sales to each for
the preceding two (2) years.
(e) A resume of principals and key employees of applicant,
including directors and officers, if applicant is •
corporation.
(f) Applicant's pro forma balance sheets, income statements and
cash flow projections for the next five (5) years, reflecting
the proposed bond issue.
(g) Applicant's prepared financial statements dated within sixty
(60) days of the application date.
(h) Copies of the applicant's financial statements, either audited
or otherwise satisfactory to the County, for the preceding
five (5) years or the entire time during which the applicant
has conducted business.
(i) Complete list of assets to be purchased or constructed and
expenses incidental to the acquisition, including costs of the
sale of the revenue bonds. 0 ;027
POLICIES AND PROCEDURES
;` ` Section General Administration
WILDSubject Industrial Revenue Bonds
COLORA Date March 23, 1992 Page 34
(j) A payment schedule or formula for retirement of the bonds and
payment in lieu of taps and cost of maintaining project in
good repair and properly insured.
3.4 An initial application fee of $500.00 to defray the costs of
that County analysis of the proposal as set forth in Section 4
of this Ordinance shall be tendered with the application.
3.5 Other information specifically desired by the Board
not set forth above.
3.6 The Board, by majority vote, may waive specific
information required in the written application for
new concerns that have not been in operation for the
last five (5) years. The Board, however, may request
additional information in lieu of the information
waived.
SECTION 4. COUNTY REVIEW OF APPLICATION
At such time as the applicant has provided all of the required information and
met all of the above stated requirements, the County shall conduct an analysis of the
information and the suitability of the proposal for implementation under this Ordinance.
4.1 A County review team shall be responsible for analysing the application
and making recommendations to the Board of County Commissioners
concerning the advisability of proceeding with the proposed bond issue.
The review team shall consist of the County Finance Officer, the County
Planner, and the County Attorney. In addition, the review teem may
engage outside counsel for the purpose of rendering opinions and doing
research on the proposed bond issue.
4.2 The recommendation of the review team shall include an analysis of the
impact of the development upon the County, and upon any other
interested municipal governments. The fors of agreement for any
required off-site improvements shall also be recommended by the review
team to the Board of County Commissioners. The review team may
recommend that certain conditions be placed upon the applicant to
further insure the repayment of the bonds, and may recommend that the
applicant provide guaranteed construction contract or a completion bond
prior to undertaking the proposed project.
4.3 At such time that the review team has presented its recommendation,
impact analysis, and off-site improvement agreement to the Board and
to the applicant, the Board shall schedule a public bearing for the
purpose of discussing the application and considering public comment
on the proposed bond issue. At the close of such public hearing, the
Board may determine whether or not to proceed to issue the bonds and
shall adopt a resolution formally declaring its intent.
4.4 If the Board of County Commissioners has considered the application and
the report from the review team, has conducted a public hearing on the
application, and has adopted • resolution of intent to issue the _
proposed bonds, it shall direct the review team to prepare the bond Crfinr'7-:
POLICIES AND PROCEDURES
Veto
lei Section General Administration
luReSubject Industrial Revenue Bonds
COLORA Date March 23, 1992 Page 35
issue. The review tees will work with the applicant and with an investment
banker and bond counsel suitable to the applicant and to the County.
SECTION 5. ADDITIONAL FEES UPON ADOPTION OF RESOLUTION OF INTENT TO ISSUE
5.1 Upon adoption of the resolution of intent to issue the bonds,
a fee in addition to the fee provided in Section 3.4 shall be
d in the 'mount of one half of one percent (42) of the
total face amount of the bond issue. Such fee shall be paid
to the Weld County Government within thirty (30) days of the
date of such resolution to defray the cost of processing of
the bond issuance, legal counsel, etc.
5.2 The minimum charge pursuant to 5.1 of this Ordinance shall be $2,500.00
and the maxim= charge shall be the sum of $10,000.00, and such fees
shall be assessed regardless of whether or not such bonds are ever
issued or sold.
5.3 If the Board of County Commissioners desires to engage a bond counsel
in addition to the one engaged by the applicant, for the purpose of
reviewing any documents, the fee of such bond counsel shall be payable
by the applicant.
5.4 The Board of County Commissioners may engage other outside experts for
purposes of reviewing the application. The applicant shall be
responsible for paying any fees charged by such outside experts for
their services.
SECTION 6. VALIDITY OF ORDINANCE
6.1 If any section, subsection, paragraph, sentence, clause or phrase of
this Ordinance ia, for any reason, held or decided to be invalid or
unconstitutional, such decision shall not affect the validity of the
remaining portions.
6.2 The Board of County Commissioners of Weld County, Colorado hereby
declares that it would have passed this Ordinance and each and every
section, subsection, paragraph, sentence, clause and phrase thereof
irrespective of the fact that any one or more sections, subsections,
paragraphs, sentences, clauses, or phrases might be declared to be
unconstitutional or invalid.
SECTION 7. EFFECTIVE DATE
7.1 This Ordinance shall take effect five (5) days after its final
publication, as provided by Section 3-14(2) of the Weld County Bone
Rule Charter.
The above and foregoing Ordinance No. 69-A was, on motion duly made and
seconded, adopted by the following vote on the 13th day of October, A.D., 1980.
(Signatures and Attestation) ✓ J 07, gr7
POLICIES AND PROCEDURES
/gat •'
Section General Administration
VIIISubject Permits, Regulations, Fees
0
COLORS Date March 23, 1992 Page 36
PERMITS, REGULATIONS, FEES
The following permits, fees, and regulations are determined by the Board
of County Commissioners:
1. Ordinance #1: Licensing of Security Patrol Agencies --
administered by the Weld County Sheriff's Department.
2. Ordinance #6: Liquor Licenses and Fees -- administered by the
Clerk to the Board of County Commissioners.
3. Ordinance #10: Fees for Service of Civil Process by the Weld
County Sheriff.
4. Regulating the Running at Large of Dogs, providing for
seizure, impounding, and other disposition thereof --
administered by the Sheriff's Department.
5. Permits and Fees Administered by the Weld County Department of
Planning Services:
A. Special Use Permit
B. Conditional Special Use Permit
C. Change of Zone
D. Mobile Home Permit
E. Recorded Exemption
F. Temporary Use Permit
G. Sign Permit
H. Board of Adjustment Variance Fees
I. Subdivision Regulation Fees
6. Weld County Building Code and Fees -- administered by the Weld
County Building Inspection Division.
7. Ambulance Charges -- administered by the Weld County Ambulance
Service.
POLICIES AND Pi< OCEDURES
�j to if(It;
Section General Administration
WIIcSubject Permits. Regulations, Fees
COLORA Date March 23. 1992 Page 37
B. Sanitary Landfill Fees -- administered by Colorado Landfill,
Inc. , a private corporation with 5% surcharge paid to Weld
County.
9. County Road Maps -- available through the Clerk to the Board's
Office.
10. County Assessor's Maps -- contact the Assessor's Office for
map number; make payment to the County Treasurer.
11. Fees for Planning Commission Transcripts. It is the policy of
this Board that:
A. The Director of Planning shall have recorded on
electronic tape, hearings of the Planning Commission.
B. At times determined by the Director of Planning to be
reasonable, the Director of Planning shall allow the
applicants to listen to a tape recording of a hearing.
C. Recording and playback equipment shall be operated only
by the Director of Planning or by the Planning
Department staff.
D. The Director of Planning shall charge a reasonable fee
based on the cost of staff's time for operating playback
equipment for persons who wish to listen, record, or
transcribe from a tape.
E. Anyone transcribing from a tape shall furnish the
Director of Planning one copy of the transcription
without charge.
F. The Director of Planning may have staff prepare a
transcript from a tape.
G. Transcriptions shall be sold for a fee based on (1) cost
of the staff's time preparing the transcript, and (2)
all direct costs of preparing copies.
12. Fees for Board of Commissioner Transcripts. It is the policy
of this Board that:
A. The Clerk to the Board shall have recorded on electronic
tape, meetings of the Board of Commissioners.
POLICIES AND PROCEDURES
liss
MW, Section General Administration
Subject Permits, Regulations, Fees
MIPS
COLORA Date March 23, 1992 Page 38
B. At times determined by the Clerk to be reasonable, the
Clerk shall allow applicants to listen to a tape
recording of a Board meeting.
C. Recording and playback equipment shall be operated only
by the Clerk or by the Clerk's staff.
D. The Clerk shall charge a reasonable fee for operating
playback equipment for persons who wish to record, or
transcribe from a tape.
E. Anyone transcribing from a tape shall furnish the Clerk
one copy of the transcription without charge.
F. The Clerk may prepare a transcript from a tape.
G. Transcriptions shall be sold for a fee based on (1) cost
of the Clerk's time in preparing the transcript, and (2)
all direct costs of preparing copies.
13. Ordinance #69A -- Application and issuance fee for industrial
development bonds -- administered by the Finance Department.
14. Ordinance #84 and subsequent alpha designation specify fees
for:
A. Ambulance
B. Miscellaneous fees
C. Space Rental
D. Missile Site Park
E. Copying of Documents
F. Weed Spraying
15. Permits administered by the Department of Engineering
Services: Utility Permit and Uniform Fee Schedule for the use
of County road rights-of-way for extraordinary use in Weld
County, Colorado.
POL I CIES AND PROCEDURES
Section General Administration
WIRcSubject Permits. Regulations. Fees _
COLORA Date March 23. 1.292 Page 39
A. Utilities: For all utilities, regardless of
installation, permit fee shall be based upon trench
width as follows:
Trench Width Permit Fee
Up to 6" $0.02 per lineal foot
7" thru 12" $0.05 per lineal foot
13" thru 24" $0.09 per lineal foot
25" thru 36" $0.14 per lineal foot
37" and above $0.18 per lineal foot
1. Minimal permit fee will be $10.00.
2. For all non-ferrous pipelines installed in road
rights-of-way, a suitable facility shall be
installed with the pipeline to facilitate future
pipeline location.
3. Service taps (residential) included on line
expansion permit shall not be included in fee.
4. Service taps on existing facilities shall be
considered at the minimum fee.
5. Encasement where facility parallels right-of-way
line and encasement is suspended from or attached
to a bridge or drainage structure shall not be
included in total.
6. Where boring and encasement is required across a
County road from private rights-of-way to private
rights-of-way, all charges shall be based upon
$0.01 per inside diameter inch of the encasement
pipe per lineal foot installed across County
right-of-way.
POLICIES AND PROCEDURES
1 t. •1
�� Section General Administration
`AP�, Subject Permits, Regulations, Fees
GOB Date March 23, 1992 Page 40
7. All extraordinary costs relating to the
inspection of impacts to County rights-of-way
will be borne by the permittee at the rate
specified by Weld County on a cost recovery
basis.
8. The Board of County Commissioners may, at their
discretion, waive permit fees where any facility
is being moved and reinstalled at the County's
request or any repairs on an emergency basis or
any other reason in the opinion of the Board
warrants their action.
9. The above fee schedule and conditions do not
relieve any utility company, its agents,
contractors, or personnel of any conditions
outlined, or duties required as specified in the
utility permit required.
B. Other Uses:
Operation of vehicle of excessive
size & weight on County roads $5.00
Overhead transmission line utility
permits in County right-of-way $25.00/pole
Seismograph $25.00/hole
Vibratory $25.00/mile
House move without inspection required $ 5.00
House move with inspection required $50.00
16. Ordinance #82 and subsequent alpha designations specify fees
for health services administered by the Health Department.
17. In accordance with a memorandum of understanding dated 5/7/80
with the City of Greeley, no planning or building inspection
fees are charged the respective jurisdictions.
18. Fee for permit for temporary assemblages was established by
resolution in accordance with Ordinance #85 at $100.
POLICIES AND PROCEDURES
(/
j� L41'
D ¶ Section General Administration
Whit Subject Permits, Regulations, Fees
COLORADO Date March 23, 1992 Page 41
19. In accordance with a resolution adopted November 7, 1988, a
finance charge of 18% per annum will be assessed on all
accounts receivable 61 days in arrears, except Medicaid and
Medicare accounts.
20. Ordinance #142 established fees for plowing permits and set
collateral to cover costs of revegetation of grasslands.
All fees shall be reviewed at least annually during the budget process.
There is no refund of County Fees once paid. Any deposit to be refunded
under one dollar will not be refunded unless party requests refund in
person, and then a petty cash payment will be made to avoid postage and
handling charges in excess of refund amount.
O2,
POLICIES AND PROCEDURES
j� SE . Section General Administration
WHIPSubject Authority to Invest in Government Securities
COLORA Date March 23, 1992 Page 42
AUTHORITY TO INVEST IN GOVERNMENT SECURITIES
The Board of County Commissioners by resolution on August 22, 1984,
authorized the Treasurer to invest county funds in accordance with Section
30-10-708(1), CRS, as amended, which states as follows:
". . . Such board by written resolution similarly adopted, may
authorize the County Treasurer to invest all or any part of
such funds and moneys in bonds of the United States, or in
farm loan bonds issued in pursuance of the "Farm Credit Act of
1971", 12 U.S.C.A. section 2001, or in the bonds of any other
corporation which is or may be created by the United States as
a governmental agency or instrumentality, or in such bonds as
are a direct general obligation of the State of Colorado, or
in bonds of school districts or municipalities of the state of
Colorado not in default, or in County bonds or County
warrants. . ."
220273
POLICIES AND PROCEDURES
Section General Administration
Subject Use of Conservation Trust Funds
1111115
COLOSA Date March 23, 1992 Page 43
USE OF CONSERVATION TRUST FUNDS
By resolution on November 13, 1984, it shall be the policy of the Board of
County Commissioners of Weld County that the criteria for the use and
allocation of Weld County Conservation Trust Funds shall be as follows:
1. To maintain and develop the two existing county parks.
2. Projects must enhance the quality of life for the citizens of
Weld County.
3. Projects must contribute to and complement the economic
development activities of Weld County.
4. Projects must have a county-wide impact or significance.
5. Funds used for local community projects must have substantial
local support and matching local funds.
6. Outside of existing county parks no operating funds shall be
contributed to projects.
POLICIES AND PROCEDURES
ti 1\ tin Section General Administration
Wl`P Official Recognition and Proclamations of
Subject Special Events, Causes, and Celebrations
O
COLORA Date March 23, 1992 Page 44
OFFICIAL RECOGNITION AND PROCLAMATIONS OF
SPECIAL EVENTS, CAUSES, AND CELEBRATIONS
By resolution on September 15, 1986, it shall be the policy of the Board
of County Commissioners of Weld County that they will only issue special
proclamations and resolutions for recognition of events, causes, and
periods of celebration for subjects specifically and directly affecting
Weld County government.
22:0278
POLICIES AND PROCEDURES
1\ Section General Administration
Wi�P Policy for Accepting Individuals Sentenced from other
Subject Jurisdictions into the Weld County Jail Work Release Program
COLORA Date March 23. 1992 Page 45
POLICY FOR ACCEPTING INDIVIDUALS SENTENCED
FROM OTHER JURISDICTIONS INTO THE
WELD COUNTY JAIL WORK RELEASE PROGRAM
As a general practice, accepting individuals into the Work Release Program
sentenced from other jurisdictions is discouraged. However, in order to
promote positive relationships with other law enforcement agencies and the
community, these individuals can be accepted at the Work Release
Supervisor's discretion and only under the following conditions:
1. Travel to the place of business from the Weld County Sheriff's
Office must not exceed 60 miles and this distance must be
equal to or less than half the distance that the individual
would be required to travel if he were traveling from the jail
at the other jurisdiction.
(NOTE: This will preclude a situation where WCSO accepts a
person from Colorado Springs who works in Denver. Since the
distance to the job site from either jail is the same, there
would be no advantage to this arrangement.
2. Space must be available in the Work Release Program.
3. A. The sentencing Judge and the Sheriff's Office at the
other jurisdiction involved must agree that if the
individual is removed from the program because of an
infraction or failure to pay fees, the individual will
be transported to the jail in the original jurisdiction
to finish his mittimus. This condition must be stated
on the mittimus before the individual will be accepted
into the program.
B. The Work Release Supervisor will be responsible for
coordinating this aspect of the agreement with the court
and the other law enforcement agency.
4. A. In order to recover the cost of housing an inmate from
another jurisdiction, Work Release fees will be $100.00
per week, to be paid as follows: $200.00 on day of
entry into the program (of which $100.00 applies to
920277N
4 POLICIES AND PROCEDURES
c�� &4 Section General Administration
W IlD Policy for Accepting Individuals Sentenced from other
Subject
Jurisdictions into the Weld County Jail Work Release Program
COLORS Date March 23, 1992 Page 46
first week and $100.00 applies to last week of program),
and $100.00 every week thereafter until total fees are
paid up. Failure to pay fees will result in removal
from the program.
B. Adhering to a payment schedule such as this will ensure
that an individual always has Work Release fees paid up
to a minimum of one week in advance. If an individual
is removed from the program due to a rule infraction or
failure to pay fees, Any money that has been paid in
advance will not be refunded. Instead, money paid in
advance will be used to defray the cost of transporting
the individual back to the Sheriff's Office at the
original jurisdiction.
5. In order to limit supervision problems, individuals who have
employment that requires frequent travel, irregular hours, or
no established place of business where supervisor or the
individual can be contacted, will not be accepted.
6. Individuals accepted must comply with all other WCSO
regulations as described in the inmate handbook and the Work
Release rules.
POLICIES AND PROCEDURES
de . tlift Section General Administration
NIPSubject Applications for Land—Use for Property Previously Denied
%
COLOAA Date March 23, 1992 Page 47
APPLICATIONS FOR LAND-USE FOR PROPERTY PREVIOUSLY DENIED
1. Neither an applicant nor his successors in interest in property for
which a land-use application was denied within the preceding five
(5) years may submit a land-use application or request a rehearing
on a previously submitted application for any portion of the
property contained in the original application unless the Board of
County Commissioners has determined that, based upon a showing by
the applicant, there has been a substantial change in the facts and
circumstances regarding the application or that there is newly
discovered evidence that the applicant could not have discovered
with diligent effort at the time of the original application.
2. "Substantial change in facts and circumstances" shall mean a
substantial change in the land-use application, in the surrounding
land-uses or in applicable provisions of the law.
3. A petition requesting rehearing on an application or permission to
file another application for property previously denied a land-use
permit shall be submitted to the Department of Planning Services for
processing. The Department shall schedule a substantial change
hearing before the Planning Commission or Board of County
Commissioners. Land-use applications originally heard by only the
Board of County Commissioners shall be scheduled before the Board
only. The Planning Commission shall consider the rehearing petition
only if it considered the original land-use application. It shall
review the petition and any supporting information. The Planning
Commission shall consider whether the applicant has demonstrated
that a substantial change in the facts or circumstances have
occurred subsequent to the Board's decision or that there was newly
discovered evidence that the applicant could not have discovered
with diligent effort at the time of the original application. The
Planning Commission shall make a written recommendation of its
findings to the Board of County Commissioners.
4. Legal notice of a substantial change hearing shall be published once
in the newspaper designated by the Board of County Commissioners for
publication of notices. The date of publication shall be at least
ten (10) days prior to the Planning Commission hearing.
320275
POLICIES AND PROCEDURES
zSection General Administration
Subject Applications for Land-Use for Property Previously Denied
WILDS
COLORA Date March 23. 1992 Page 48
5. Notice of the substantial change hearing and the public hearing date
shall be provided to owners of property located within five hundred
(500) feet of the parcel under consideration and owners and lessees
the mineral estate on or under the parcel under consideration. The
notification shall be mailed, first class, not less than ten (10)
days before the scheduled public hearing. Similar notice shall also
be provided any agency, body, or group who received a referral
request from the Department of Planning services on the original
application.
6. The Board of County Commissioners shall hold a substantial change
hearing after the legal notice and notices to property owner,
mineral owners and lessees, and referral agencies identified in 4
and 5 have been completed. The legal notice and notification shall
be done at least ten (10) days prior to the Board's hearing.
7. The Board of County Commissioners may grant such a petition when it
determines that the applicant has demonstrated that a substantial
change in the facts or circumstances have occurred subsequent to the
Board's decision or that there was newly discovered evidence not
available to the applicant at the time the Board considered the
application. The Board may deny the petition solely upon the
contents of the petition or when deemed advisable by the Board that
the applicant has failed to demonstrate that a substantial change in
the facts or circumstances have occurred subsequent to the Board's
decision or that there was newly discovered evidence that the
applicant could not have discovered with diligent effort at the time
of the original application. The Board shall consider the
applicant's rehearing petition, the Planning Commission's
recommendation, oral testimony at the public hearings, written
related information, and any other relevant material in making its
decision.
8. When the Board of County Commissioners grants a rehearing petition,
the applicant may file a new application with the Department of
Planning Services. The application shall be processed in accordance
with the requirements of the Weld County Zoning Ordinance or Weld
County Subdivision Regulations.
9. No petition for rehearing may be granted where the decision of the
Board of County Commissioners on a land-use application has been
appealed or contested in any court of law, during the pendency of
the court action.
POLICIES AND PROCEDURES
j, Section General Administration
IMPS Subject Planning Matters with Less than Full Board Present
WLORA Date March 23. 1992 Page 49
PLANNING MATTERS WITH LESS THAN FULL BOARD PRESENT
When less than a full Board is present to hear a planning matter, the
applicant is to be advised that they may table the matter until a full
Board is present.
In the event a planning matter is heard with only four members and the
vote is a 2-2 tie, the matter is automatically tabled. The absent member
will listen to the tapes of the proceedings. After the absent member has
listened to the tapes, the matter will be reconsidered for the absent
member's tie-breaking vote.
4 POLICIES AND PROCEDURES
$t Section General Administration
WIlDSubject Policy on Collateral for Improvement _
0
COLORA Date March 23, 1992 Page 50
POLICY ON COLLATERAL FOR IMPROVEMENT
I. General Requirements for Collateral:
A. This policy shall be applied to all future Subdivision
Applications, Planned Unit Development Applications and Change
of Zone Applications. If this policy has not been applied to
an application, the policy shall not be applied to a request
for complete releases of collateral and the procedures for
release of collateral shall be as set forth in the
Improvements Agreement. WELD COUNTY SHALL NOT GUARANTEE
MAINTENANCE OF ROADS IN DEVELOPMENTS WHICH HAVE NOT COMPLIED
WITH THE PROVISIONS OF THIS POLICY.
B. The value of all collateral submitted to Weld County must be
equivalent to 100% of the value of the improvements as shown
in the Improvements Agreement. Prior to Final Plat approval,
the applicant shall indicate which of the five types of
collateral he prefers to be utilized to secure the
improvements, subject to final approval by the Board of County
Commissioners (hereinafter referred to as the Board) and the
execution of an Improvement Agreement. Acceptable collateral
shall be submitted and the plat recorded within six months of
the Final Plat approval. If acceptable collateral has not
been submitted within six months then the Final Plat approval
and all preliminary approvals shall automatically expire. An
applicant may request that the Board of County Commissioners
extend the Final Plat approval provided the cost estimates are
updated and the development plans are revised to comply with
all current County standards, policies and regulations. The
improvements shall be completed within one year after the
Final Plat approval (not one year after acceptable collateral
is submitted) unless the applicant(s) requests that the
Improvements Agreement be renewed at least thirty (30) days
prior to its expiration and further provides that cost
estimates for the remaining improvements are updated and
collateral is provided in the amount of 100% of the value of
the improvements remaining to be completed. If improvements
are not completed and the agreement not renewed within these
time frames, the Board, at its discretion, may make demand on
all or a portion of the collateral and take steps to see that
the improvements are made.
22 r9 4 f
POLICIES AND PROCEDURES
t
S2ct'IOII General Administration
IMPSubject Policy on Collateral for Improvement
0
COLORA Date March 23, 1992 Page 51
The applicant may choose to provide for a phased development
by means of designating filings of a Planned Unit Development
Plan or Final Plat Subdivision. The applicant would need only
to provide collateral for the improvements in each filing as
approved. The County will place restrictions on those
portions of the property that are not covered by collateral
which will prohibit the conveyance of the property or the
issuance of building permits until collateral is provided or
until improvements are in place and approved pursuant to the
requirements for a Request for Release of Collateral (see
III).
C. The Clerk to the Board shall be the ONLY party responsible for
the safekeeping of any collateral received by Weld County
II. The five types of collateral listed below are acceptable to Weld
County:
A. An irrevocable Letter of Credit from a Federal or State
licensed financial institution on a form supplied by Weld
County. The letter of credit shall state at least the
following:
1. The Letter of Credit shall be in an amount equivalent of
100% of the total value of the improvements as set forth
in Section I. B. of this policy.
2. The Letter of Credit shall provide for payment upon
demand to Weld County if the developer has not performed
the obligations specified in the Improvements Agreement
and the issuer has been notified of such default.
3. The developer may draw from the Letter of Credit in
accordance with the provisions of this policy.
4. The issuer of the Letter of Credit shall guarantee that
at all times the unreleased portion of the Letter of
Credit shall be equal to a minimum of 100% of the
estimated costs of completing the uncompleted portions
of the required improvements, based on inspections of
the development by the issuer. In no case shall
disbursement for a general improvement item exceed the
cost estimate in the Improvements Agreement (i.e. ,
streets, sewers, water mains and landscaping, etc.
POLICIES AND PROCEDURES
Section General Administration
WINDSubject Policy on Collateral for Improvement
COLOBA Date March 23, 1992 Page 52
The issuer of the Letter of Credit will sign the
Improvements Agreement acknowledging the agreement and
its cost estimates.
5. The Letter of Credit shall specify that 15% of the total
Letter of Credit amount cannot be drawn upon and will
remain available to Weld County until released by Weld
County.
6. The Letter of Credit shall specify that the date of
proposed expiration of the Letter of Credit shall be
either the date of release by Weld County of the final
15%, as set forth in paragraph II A 5, or one year from
the date of Final Plat approval, whichever occurs first.
Said letter shall stipulate that, in any event, the
Letter of Credit shall remain in full
force and effect until after the Board has received
sixty (60) days written notice from the issuer of the
Letter of Credit of the pending expiration. Said notice
shall be sent by certified mail to the Clerk to the
Board of County Commissioners.
B. Trust Deed upon all or some of the proposed development or
other property acceptable to the Board provided that the
following are submitted:
1. In the event property within the proposed development is
used as collateral, an appraisal is required of the
property in the proposed development by a disinterested
M.A.I. member of the American Institute of Real Estate
Appraisers indicating that the value of the property
encumbered in its current degree of development is
sufficient to cover 1005 of the cost of the improvements
as set forth in the Improvements Agreement plus all
costs of sale of the property.
2. In the event property other than the property to be
developed has been accepted as collateral by Weld
County, then an appraisal is required of the property by
a M.A.I. member of the Institute of Real Estate
Appraisers indicating that the value of the property
POLICIES AND PL ., CEDURES
'•' tiI t
•' Section General Administration
Subject Policy on Collateral for Improvement
OOLORA Date March 23, 1992 Page 53
encumbered in its current state of development is
sufficient to cover 100% of the cost of the improvements
as set forth in the Improvements Agreement plus all
costs of sale of the property.
3. A title insurance policy insuring that the Trust Deed
creates a valid encumbrance which is senior to all other
liens and encumbrances.
4. A building permit hold shall be placed on the encumbered
property.
C. Escrow Agreement that provides at least the following:
1. The cash in escrow is at least equal to 100% of the
amount specified in the Improvements Agreement.
2. The escrow agent guarantees that the escrow funds will
be used for improvements as specified in the agreement
and for no other purpose and will not release any
portion of such funds without prior approval of the
Board.
3. The escrow agent will be a Federal or State licensed
bank or financial institution.
4. If the Board of County Commissioners of Weld County
determines there is a default of the Improvements
Agreement, the escrow agent, upon request by the County,
shall release any remaining escrow funds to the County.
D. A Surety Bond given by a corporate surety authorized to do
business in the State of Colorado in an amount equivalent to
100% of the value of the improvements as specified in the
Improvements Agreement.
E. A cash deposit made with the Board equivalent to 100% of the
value of the improvements.
00273
POLICIES AND PROCEDURES
f� = .
t ¶ 'j Section General Administration
Inns Subject Policy on Collateral for Improvement
COLOAA Date March 23, 1992 Page 54
III. Requests for Release of Collateral:
A. Prior to release of collateral for the entire project or for
a portion of the project by Weld County, the Developer must
present a Statement of Substantial Compliance from an Engineer
registered in Colorado that the project or a portion of the
project has been completed in substantial compliance with
approved plans and specifications documenting the following:
1. The Engineer or his representative has made regular on-
site inspections during the course of construction and
the construction plans utilized are the same as those
approved by Weld County.
2. Test results must be submitted for all phases of this
project as per Colorado Department of Highway Schedule
for minimum materials sampling, testing and inspections
found in CDOH Materials Manual.
3. "As built" plans shall be submitted at the time the
letter requesting release of collateral is submitted.
The Engineer shall certify that the project "as built"
is in substantial compliance with the plans and
specifications as approved or that any material
deviations have received prior approval from the County
Engineer.
4. The Statements of Substantial Compliance must be
accompanied, if appropriate, by a letter of acceptance
of maintenance and responsibility by the appropriate
utility company, special district or town for any
utilities.
5. A letter must be submitted from the appropriate Fire
Authority indicating the fire hydrants are in place in
accordance with the approved plans. The letter shall
indicate if the fire hydrants are operational and state
the results of fire flow tests.
B. The requirements in III A 1-5 shall be noted on the final
construction plans.
2 0279
POLICIES AND PROCEDURES
Section General Administration
llilttSubject Policy on Collateral for Improvement
COLOBA Date March 23, 1992 Page 55
C. Upon completion of the construction of streets within a
subdivision and the filing of a Statement of Substantial
Compliance, the developer(s) may request in writing that the
County Engineer inspect its streets and recommend that the
Board accept them for partial maintenance by the County.
Partial maintenance consists of all maintenance except for
actual repair of streets, curbs and gutters, and related
street improvements.
D. Following the submittal of the Statement of Substantial
Compliance and recommendation of acceptance of the streets for
partial maintenance by the County, the developer(s) may
request release of the collateral for the project or portion
of the project by the Board. This action will be taken at a
regularly scheduled public meeting of the Board.
E. The request for release of collateral shall be accompanied by
"Warranty Collateral" in the amount of 10% of the value of the
improvements as shown in the Improvements Agreement excluding
improvements fully accepted for maintenance by the responsible
governmental entity, special district or utility company.
F. Not sooner than nine months after acceptance for partial
maintenance of streets, the County Engineer shall, upon
request by the developer, inspect the subject streets, notify
the developer(s) of any deficiencies. The County Engineer
shall re-inspect the streets after notification from the
developer(s) that any deficiencies have been corrected. If
the County Engineer finds that the streets are constructed
according to County standards, he shall recommend acceptance
of streets for full maintenance to the Board. Upon a receipt
of a positive recommendation from the County Engineer for
acceptance of streets within the development, the Board shall
accept said streets as public facilities and County property,
and shall be responsible for the full maintenance of said
streets including repair. The Board, at the same time, shall
release the Warranty Collateral.
•
9s,Q'47 Tj
POLI CI ES AND PROCEDURES
� �4 Section General Administration
Subject 4rnredure for ReauestinR Pre-Advertising on Land-Use Applicatior
COLOAA Date March 23. 1992 Page 56
PROCEDURE FOR REQUESTING PRE-ADVERTISING
ON A LAND-USE APPLICATION
On June 6, 1984, the Board of County Commissioners adopted the following
procedure for requesting pre-advertising on a land-use application:
1. The applicant shall submit a letter to the Clerk to the Board's
Office when requesting pre-advertising for a Board of County
Commissioner's hearing for a land-use application. The letter shall
set forth the reasons why the applicant is requesting the pre-
advertisement.
2. The Clerk to the Board's Office shall schedule the request for pre-
advertisement on the first available regular Board of County
Commissioner's meeting.
3. The Clerk to the Board's Office shall inform and furnish a copy of
the letter requesting the pre-advertisement to the Department of
Planning Services.
4. The applicant may appear at the Board of County Commissioner's
meeting and explain why the pre-advertisement has been requested.
The applicant requesting the pre-advertisement shall give sufficient
reasons why the Board should approve the request for pre-
advertisement.
5. If the Board of County Commissioners approves the request for pre-
advertisement of the land-use application, the Department of
Planning Services shall provide the following information to the
Clerk to the Board's Office:
A. One (1) copy of the land-use application materials submitted
to the Department of Planning Services office by the applicant
when the application was made;
B. One (1) copy of the legal notice prepared by the Department of
Planning Services staff for advertising the land-use
application for the Planning Commission hearing;
C. One (1) copy of the list of surrounding property owners and
mineral owners certified to be accurate by the applicant or an
authorized agent;
POL I CIES AND PkdCEDURES
esci �f Section General Administration
Subject Procedure for Requesting Pre-Advertising on Land-Use Applicatior
COLORA Date March 23, 1992 Page 57
D. A written statement signed by the applicant or authorized
agent stating that all costs associated with the pre-
advertisement will be paid by the applicant;
E. In cases where an authorized agent is acting on behalf of an
applicant, written evidence shall be presented to show that
the agent has the applicant's permission to act in his/her
behalf.
6. Upon receipt of the materials by the Department of Planning
Services, the Clerk to the Board's Office shall pre-advertise the
land-use application in accordance with established administrative
office procedures.
22027N
POLICIES AND PROCEDURES
Noi Section General Administration
Wilic Subject Land-Use Packets
COLORADO Date March 23, 1992 Page 58
LAND-USE PACKETS
Effective with the adoption of a resolution on December 7, 1983,
applicants must provide the following number of Land-Use Packets when
submitting applications.
TYPE OF CASE NUMBER OF PACKETS REQUIRED
COZ 20
USR 20
USR Mining 20
SUB - SKETCH PLAN 8
SUB - PRELIMINARY PLAN 22
SUB - FINAL PLAT 22
SUB - REPLAT 20
BOA 10
RE 10
SE 8
ZPMH 8
PUD - SKETCH PLAN 8
PUD - DISTRICT 20
PUD - PLAN 22
ADDITIONAL COPIES MAY BE REQUESTED BY THE PLANNING STAFF IF
THEY ARE NEEDED DURING THE REVIEW AND/OR PUBLIC HEARING
PROCESS
POLICIES AND PR � tEDURES
AS \ . Section General Administration
Subject Record of Land-Use Hearings
WILD%
COLORA Date March 23. 1992 Page 59
RECORD OF LAND USE HEARINGS
A record of Land Use Hearings, by means of an electronic recording unit,
shall be kept that is of sufficient accuracy to permit an informed and
valid judgment to be made by any person that may later be called upon to
review the record and render a recommendation or decision in the matter.
The Board, at its discretion, may engage the services of a certified court
reporter in order to make a record of the proceedings.
Should any applicant or interested party to a proceeding wish the presence
of a court reporter, that party or applicant shall be responsible for the
cost of the appearance fee and any transcripts of the record. The party
shall also provide one copy of the transcript to the Clerk to the Board of
County Commissioners for its record. A request for the services of a
court reporter should be made by the applicant or party or his authorized
agent as soon as is practicable but not later than the close of business
five (5) days prior to the date scheduled for the hearing.
Each public notice published or distributed prior to the hearing should
contain a sentence which states essentially as follows:
"Should the applicant or any interested party desire the
presence of a certified court reporter to make a record of the
proceedings in addition to the taped record kept by the Clerk to
the Board, they should contact the Clerk to the Board not later
than five (5) days prior to the hearing. The costs of engaging
a court reporter shall be borne by the requesting party."
POLICIES AND PROCEDURES
S( 4y,
jc S Section General Administration
IROSubject Appeals Process
COLOAA Date March 23, 1992 Page 60
APPEALS PROCESS
1. The Board of County Commissioners shall act as a board of appeals to
hear complaints on actions taken by County boards, commissions and
departments. Procedure for appeals shall be as set forth in this code,
or by resolution of the Board, except as otherwise provided by law.
A. Any person appealing an action by a County board, commission or
department to the Board of County Commissioners shall file such
a complaint, in writing, with the Clerk to the Board of County
Commissioners within sixty (60) days of the incident in question.
B. Such complaint shall include:
1. The name of the employee, board, commission or department
against which the complaint is made.
2. A description of the basic facts involved in the complaint.
C. The Clerk to the Board shall schedule a hearing with the Board of
County Commissioners, to be held within fifteen (15) days of the
filing of the complaint, and shall notify all parties involved in
the incident.
D. The Board shall hear all the available facts pertinent to the
incident, may schedule a second hearing within thirty (30) days
following the initial hearing if the Board determines such a
need, and shall render a determination within thirty (30) days of
the final hearing.
E. No person shall be denied the right to appeal, provided they
comply with the administrative procedures established by the
Board.
f'`;--;027T-1;
R POLICIES AND PROCEDURES
st Section General Adwinistration
hue Subject Guidelines for Refusal to Renew a Liquor License _
COLORA Date March 23. 1992 Page 61
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 NATTER OF ESTABLISHING GUIDELINES FOR THE REFUSAL TO RENEW A LIQUOR LICENSE.
BE IT ORDAINED BY THE BOARD OF COUNTY CONNISSIONERS 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
bean 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 bald, or for the
determination of whether good cause exists to refuse the renewal of the license.
NW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County,
Colorado, that Weld County Ordinance 102 is hereby vended 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 a 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
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 authorised 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.
POLICIES AND PROCEDURES
17sI�
p of Section GPnPra1 Administration
WIIDetSubject Guidelines for Refusal to Renew a Liquor License
COLORA Date ]]arch 23. 1992 Page 62
9. Evidence of persons being convicted under 142-4-1202, CRS, of driving under the
influence of alcohol or driving while alcohol impaired after becoming intoxicated at said
licensed praises.
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 bearing 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 exist, 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.
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.
E. All circumstances surrounding the violation, offense, or occurrence.
h. Willfulness of violation(s), offenae(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 asking 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 Weld County Boas Rule Charter, because
the Board of County Commissioners of Weld County, Colorado anticipates certain liquor
licenses to coma up for renewal at the start of 1985, and currently inadequate procedure
exists to govern such process.
[Signatures and attestation]
07029S
POLICIES AND PR _ CEDURES
vE Section General Administration
Whi Subject Procedures for Probable Cause Hearings
COLORA Date March 23, 1992 Page 63
PROCEDURES FOR PROBABLE CAUSE HEARINGS
A. PURPOSE:
1. The purpose of this procedure is to provide Boards, Commissions,
Department Heads, and other administrative bodies in Weld County
with a set of procedures for use in Probable Cause Hearings.
B. PROCEDURE AND EVIDENCE:
1. The Probable Cause Hearing hall be conducted informally and not
subject to strict judicial or technical rules of procedure. A
wide latitude in the manner of presenting the respective
positions should be afforded the parties. Any person may present
evidence at a Probable Cause Hearing. Evidence shall consist of:
a. Oral testimony.
b. Exhibits and documentary evidence of any kind.
c. Statements of the person presenting the evidence.
2. The person against whom the complaint is made may, in rebuttal,
present any of the evidence listed in B.1.
C. DETERMINATION OF PROBABLE CAUSE:
1. The complaining party shall have the burden of proving that
probable cause exists to have a hearing concerning the complaint.
"Probable cause" is defined as: a reasonable ground for belief
in the existence of facts warranting the proceedings complained
of.
D. DECISION:
1. At the conclusion of the presentation of evidence, the Board,
Commission, Department Head, or other administrative body shall
make an oral decision. The decision shall be to either dismiss
the case, continue the case to a time specified in the future, or
to set the case for a formal show cause or other type hearing at
a time specified in the future.
T�,
92 ?7S
POLICIES AND PROCEDURES
I .411
I Section
'� General Administration
Wi��P O Subject Procedures for Probable Cause Hearings
COLORA Date March 23, 1992 Page 64
E. NOTICE
1. Notice of the Probable Cause Hearing shall be sent by certified
mail, return receipt requested, to the person against whom the
complaint is made at least ten (10) days prior to the date of the
hearing. Said notice shall be effective upon the date of
mailing.
2. Notice may also be served upon the person against whom the
complaint is made in accordance with the Colorado Rules of Civil
Procedure.
3. In land use cases when a Probable Cause Hearing results in a Show
Cause Hearing being set, the Clerk to the Board will send 10
day's notice, by Certified Mail, Return Receipt Requested, to the
surrounding property owners, as well as the property
owner/operator.
POLICIES AND PROCEDURES
itmay, ---
�� Section General Adgministration
Subject Procedures for Adiudicatory-Type Hearings
MIPS
COLORA Date March 23, 1992 Page 65
GENERAL PROCEDURES FOR ADJUDICATORY-TYPE HEARINGS
A. PURPOSE AND INSTRUCTIONS
1. The purpose of this outline is to provide Boards, Commissioners,
Department Heads, and other administrative bodies in Weld County
with a set of general procedures necessary to conduct hearings in
accordance with due process standards. These procedures shall be
used only when sections of the Weld County Administrative Code,
or other Weld County regulatory Ordinances or Resolutions, do not
specifically address the procedural problems which arise in the
course of administrative hearings. If a specific procedure from
the Code, an Ordinance, or a regulation should conflict with any
procedure from this general outline, then the specific procedure
should be followed.
B. PRESENCE OF PERSON AGAINST WHOM COMPLAINT IS MADE
1. A hearing may be conducted without the personal presence of the
person against whom the complaint is made so long as adequate
notice has been given.
C. REPRESENTATION
1. The person against whom the complaint is made may be represented
by counsel at the hearing. The complaining Weld County
Department, or its subunit, may also be represented by counsel.
The Board, Commission, Department Head, or other administrative
body has the option of having a legal advisor present at the
hearing.
D. POSTPONEMENTS AND EXTENSIONS
1. Postponements of hearings and extensions of time may be requested
by either party or his designated agent. However, the granting
of such postponements or extensions shall be made only upon the
showing of good cause and is at the sole discretion of the
presiding officer.
POLICIES AND PROCEDURES
A, tit �
Section General Administration
Subject Procedures for Adjudicatory—Type Hearings
Illik
COLORADO Date March 23, 1992 Page 66
E. PRESIDING OFFICER
1. The Chairman of the Board, Commission, or other administrative
body, or the Department Head, shall serve as the presiding
officer. The presiding officer shall ensure that order is
maintained and ensure that all participants in the hearing have
a reasonable opportunity to be heard and to present oral and
documentary evidence. He shall be entitled to determine the
order of procedure during the hearing and shall have the
opportunity and discretion to make all rulings on questions which
pertain to matters of the conduct of the hearing and to
admissibility of evidence.
F. CONFLICTS OF INTEREST
1. A member of the Board, Commission, other administrative body, or
the Department Head hearing the case, may withdraw at any time if
he deems himself disqualified or for any other good reason,
unless his withdrawal makes it impossible for the Board,
Commission, Department Head, or other administrative body to
render a decision.
2. Upon a timely and good faith objection to any personal bias of
any member of the Board, Commission, other administrative body,
or of the Department Head, the presiding officer shall forthwith
rule upon the objection as part of the record in the case, and
shall take any actions he deems appropriate in order to alleviate
the personal bias, if so found. Any possible objection to
personal bias shall be deemed waived if not made in good faith
and in a timely manner as determined by the presiding officer.
G. RIGHTS OF PARTIES
1. At the hearing, each of the parties shall have the right to:
A. Call and examine witnesses.
B. Introduce exhibits.
C. Cross-examine any witnesses on any matter relevant to the
issues.
D. Impeach any witness.
Q ;0. r'i
POLICIES AND PRuCEDURES
� � Section General Administration
wIllSubject Procedures for Adjudicatory-Type Hearings
COLORA Date March 23, 1992 Page 67
E. Rebut any evidence.
2. If the person against whom the complaint is made does not testify
in his own behalf, he may be called and examined as if under
cross-examination.
H. PROCEDURE AND EVIDENCE
1. The hearing shall be conducted informally and not subject to
strict judicial or technical rules of procedure. A wide latitude
in the manner of presenting the respective positions should be
afforded the parties. Evidence presented at the hearing may
include the following:
A. Oral testimony of witnesses.
B. Briefs, memoranda, or other related information.
C. Any material contained in the Department files regarding
the person involved.
D. Any other relevant material.
2. Each party shall, prior to or during the hearing, be entitled to
submit memoranda concerning any matters being considered by the
Board, Commission, Department Head, or other administrative body.
Such memoranda shall become a part of the hearing record.
3. The Board, Commission, Department Head, or other administrative
body may receive and consider evidence not admissible under the
standard rules of evidence, if such evidence possesses probative
value commonly acceptable by reasonable and prudent men in the
conduct of their affairs.
4. The presiding officer may exclude unduly repetitious evidence.
5. Objections to evidentiary offers may be made and shall be noted
in the record.
I. SPECIFIC PROCEDURES
1. Call the Board, Commission, or other administrative body to order
and take roll.
POLICIES AND PROCEDURES
sit
Nei Section General Admj_njstration
Subject Procedures for Adjudicatory-Type Hearings
COLORA Date March 23, 1992 Page 68
2. Announce the matter to be heard. Determine whether all parties
involved in the matter to be heard are present and that all such
persons are ready to proceed.
3. Call the representative(s) of the complaining Weld County
Department, or its subunit, to proceed with their case.
A. They may give a short statement of their case, summarizing
their position.
B. They may present witnesses on direct examination. The
witnesses will each then be subject to cross-examination by
the other party and may be questioned by the Board,
Commission, Department Head, or other administrative body.
The representative(s) may then question their witnesses on
any new matters brought up on cross-examination.
C. They may introduce exhibits.
4. After the representative(s) of the complaining Weld County
Department, or its subunit, have presented their case in chief,
the other party is called to proceed and he shall present his
case in the same manner as the complaining Department or subunit.
5. The complaining Department or subunit may then rebut any matter
brought out in the other party's case.
6. The members of the Board, Commission, other administrative body,
or the Department Head, may examine any witnesses, call any
additional witnesses for examination, and request the submission
of any exhibits.
J. BURDEN OF PROOF
1. The complaining Weld County Department, or its subunit, shall
have the burden of proving its case by a "preponderance of the
evidence." Likewise, the person against whom the complaint is
made shall have the burden of proving any affirmative defenses by
a "preponderance of the evidence." "Preponderance of the
evidence" is defined as that evidence which is most convincing
and satisfying in the controversy between the parties, regardless
of which party may have produced such evidence. Colorado Jury
Instructions 2d, Section 3:1(4).
{q 2402373
POLICIES AND PROCEDURES
►, ` �;
Section General Administration
Subject Procedures for Adjudicatory-Type Hearings
COLORA Date March 23, 1992 Page 69
K. RECORD OF HEARING
1. A record of the hearing shall be kept that is of sufficient
accuracy to permit an informed and valid judgment to be made by
any person that may later be called upon to review the record and
render a recommendation or decision in the matter. The Board,
Commission, Department Head, or other administrative body shall
select a method to be used for making the record and this may be
accomplished by use of a court reporter, electronic recording
unit, or detailed transcription or by taking detailed minutes.
If the Board, Commission, Department Head or other administrative
body selects a method other than a court reporter and the person
against whom the complaint is made requests that a court reporter
be used, then the requesting party shall pay the costs of the use
of the court reporter.
L. RECORDS AND ADJOURNMENT
1. The Board, Commission, Department Head, or other administrative
body may recess the hearing and reconvene the same for the
convenience of the parties or for the purpose of obtaining new or
additional evidence or consultation. Upon the conclusion of the
presentation of oral and written evidence, the hearing shall be
closed. The Board, Commission, Department Head, or other
administrative body may thereupon, at a time convenient to
itself, conduct its deliberations outside the presence of the
parties. Upon conclusion of its deliberations, the hearing shall
be declared finally adjourned.
M. FINDINGS AND DECISION
1. Within five (5) working days after the final adjournment of the
hearing, the Board, Commission, Department Head, or other
administrative body shall make a written report of its findings
and decisions in the matter and submit the same to the person
against whom the complaint is made and the complaining Weld
County Department or its subunit. The decision shall be
supported in the report by a concise statement citing the basis
of its decision. The decision shall be based upon evidence
produced at the hearing and may be announced orally and reduced
to writing in accordance with this section.
SFr 4�?"4
POLICIES AND PROCEDURES
tit
Nei Section General Administration
WILDSubject Procedures for Adiudicatory-Type Hearings
COLOBA Date March 23. 1992 Page 70
N. NOTICE
1. Notice of the Adjudicatory-Type Hearing shall be sent by
certified mail, return receipt requested, to the person against
whom the complaint is made at least ten (10) days prior to the
date of the hearing. Said notice shall be effective upon the
date of mailing and shall be mailed to the address listed in the
permit. Notice may also be served upon the person against whom
the complaint is made in accordance with the Colorado Rules of
Civil Procedure.
2. Said notice shall inform the person against whom the complaint is
made of the following:
A. The specific circumstances of the complaint; and
B. The time, date, and place of the Adjudicatory-Type Hearing.
3. Said notice shall not be necessary if the person against whom the
complaint is made was present at a Probable Cause Hearing
concerning the same complaint and was then notified of the time,
date and place of the Adjudicatory-Type Hearing.
4. The person against whom the complaint is made shall be deemed
notified of the Adjudicatory-Type Hearing if he received a copy
of a Resolution or other statement which specifies the outcome of
the Probable Cause Hearing concerning the same complaint and
which sets the time, date, and place of the Adjudicatory-Type
Hearing.
92037
.
POLICIES AND PROCEDURES
it
/ \ •',
Section General Administration
Subject Procedure for Hearing of Petitions for Tax Refund or Abatement
IMPS
COLOBA Date March 23, 1992 Page 71
PROCEDURE FOR HEARING OF PETITIONS
FOR TAX REFUND OR ABATEMENT
In accordance with the resolution adopted by the Board of County
Commissioners on March 19, 1986, the following is the procedure to be
followed for hearing of petitions for refund or abatement of taxes.
1. Upon the filing of a petition for abatement or refund of taxes with the
Weld County Assessor, said petition shall be transmitted to the Clerk
to the Board to be set for a hearing, said hearing to be held within 30
days of the receipt of the petition.
2. The Clerk to the Board shall notify the petitioner of the time, place
and date when the hearing shall be held, said letter to be mailed to
the address as shown on the petition, with a copy of said notification
to be given to the Weld County Assessor.
3. The notification to the taxpayer shall be by first class mail, and
shall be mailed at least ten days prior to the hearing date unless the
notice period has been waived in writing or on the record, by both the
taxpayer and the Assessor or his designated representative.
4. The burden by a preponderance of the evidence shall be on the taxpayer
to show that the tax was levied erroneously or illegally, whether due
to irregularity in levying or clerical error. The Assessor or, where
appropriate, the Treasurer shall also have the opportunity to appear
and present evidence.
5. Upon conclusion of the hearing, the Board shall indicate its decision
by voice vote, and the Chairman shall then sign the Resolution of
Decision which is attached to the petition. If the Board's decision is
for denial of the petition, copies of the Resolution shall be
transmitted to the taxpayer, the Assessor, and the Treasurer. If the
Board's decision is for approval of the petition and in an amount to
exceed $1,000, the copies of the Resolution shall be transmitted to the
State Department of Local Affairs, Division of Property Taxation, for
its decision.
2a''U?78
POLICIES AND PROCEDURES
j� I, *I Section General Administration
WHIPSubject Weld County Assessment Arbitration Rules and Procedures _
COLORA Date March 23, 1992 Page 72
WELD COUNTY
ASSESSMENT ARBITRATION
RULES AND PROCEDURES
The Board, by Resolution on September 13, 1989, adopted the following Rules
and Procedures for Assessment Arbitration:
1. SCOPE: To give taxpayers an alternative to pursuing an appeal of the
County Board of Equalization's decision through either the Board of
Assessment Appeals or the District Court, an arbitration process is
hereby implemented pursuant to 39-8-108.5, CRS.
2. ARBITRATORS: The Board of County Commissioners will maintain a list of
qualified persons who shall act as arbitrators of property valuation
disputes. Such list will be kept on file in the Office of the Weld
County Clerk to the Board. Such list will be updated or revised as
deemed necessary by the Board of County Commissioners.
A. QUALIFICATIONS: To qualify as an arbitrator an individual, in
addition to being knowledgeable in the areas of property
valuation and taxation, shall be any one of the following: an
attorney licensed to practice in Colorado, an appraiser who is a
member of the institute of real estate appraisers or its
equivalent, a former county assessor, a retired judge or a
licensed real estate broker.
B. SELECTION OF ARBITRATOR: The taxpayer and the County Board of
Equalization's representative shall select an arbitrator from the
list on file with the Clerk to the Board upon advancement of fees
as provided for in subsequent paragraphs. In the absence of an
agreement between the taxpayer and the County Board of
Equalization, the District Court shall select an arbitrator from
said list.
C. OATH: Promptly after an arbitrator is selected, he or she shall
sign, file with the County, and mail to each party the
affirmation/oath set forth in the forms section of these rules.
2 0278
POLICIES AND PR ,. CEDURES
-1, S Section General Administration
Subject Wp1d Cnnnty Assessment Arbitration Rules and Procedures
COLORADO Date March 23. 1992 Page 73
3. ARBITRATION PROCEDURES:
A. FILING: Within thirty (30) days of the County Board of
Equalization's decision, any taxpayer who plans to pursue
arbitration shall notify the Board of his intent to pursue
arbitration.
B. PETITION: After filing his intent to pursue arbitration but no
later than close of business on the first Monday in October, the
taxpayer shall file, on forms provided, along with the fees as
required by subsequent paragraphs of these rules a petition
requesting arbitration.
The petition shall include the following:
1. Name of petitioner
2. Property in question -- address and schedule number
3. Type of property -- residential or other
4. Issues for arbitration
5. Fees have been advanced or fees are in negotiation with the
County and will be advanced to be held in trust pending the
referee's decision
6. The arbitrator designated by the petitioner.
C. FEES: Residential property -- At the time the taxpayer files his
petition requesting arbitration for residential property, said
taxpayer shall advance $150.00 to the Clerk to the Board of Weld
County to be held in trust to cover fees and expenses of said
arbitration. Said fees will be held in trust and will be
disbursed as provided in the arbitrator's decision. The fee will
be either returned to taxpayer or paid to the arbitrator
depending on the arbitrator's decision.
POLICIES AND PROCEDURES
ti
0`¶ Section General Administration
WILDSubject Weld County Assessment Arbitration Rules and Procedures
COLOSA Date March 23, 1992 Page 74
D. FEES: Other Taxable Property -- For cases concerning any taxable
property other than residential real property the taxpayer shall,
no later than close of business on the first Monday in October,
contact the County Assessor or his representative to determine an
estimated fee for arbitration. Fees shall be computed at $150.00
per hour rate. Upon agreement and deposit of fees with the Clerk
to the Board's Office to be held in trust pending the
arbitrator's decision, the matter will be assigned to the
arbitrator. The fees will be either returned to the taxpayer or
paid to the arbitrator depending upon the terms of the
arbitrator's decision.
E. FEES: Waiver -- Any taxpayer who is unable to advance the fees
from arbitration can apply for a waiver of this requirement to
the Board of County Commissioners. Grounds for granting a waiver
will be upon satisfactory documented proof of indigency by the
taxpayer.
F. HEARINGS:
1. Assignment -- Upon payment of the fees or upon waiver of
fees as outlined above and the filing of the petition, the
case will be assigned to the arbitrator selected in
accordance with these rules.
2. Scheduling -- Arbitration hearings shall be held within
sixty (60) days from the date the arbitrator was selected.
The hearings shall be at a time and place set by the
arbitrator with the mutual consent of the taxpayer and the
County Board of Equalization's representative, the
Assessor.
3. Procedure -- The arbitrator shall preside at the hearing.
Arbitration hearing procedures shall be informal and strict
rules of evidence shall not apply except as deemed
necessary by the arbitrator in the interests of justice.
All questions of law and fact shall be determined by the
arbitrator. The arbitrator may determine time limitations
or make other decisions in order to conduct a reasonable
and fair hearing.
POLICIES AND PROCEDURES
�, t` 5.41
Section General Administration
WHIPSubject Weld County Assessment Arbitration Rules and Procedures
FLORA Date March 23. 1992 Page 75
4. Subpoenas -- The arbitrator may issue or cause to be issued
subpoenas for attendance of witnesses and for the
production of books, records, documents and other evidence
and shall have the power to administer oaths. Subpoenas so
issued shall be served and, upon application to the
District Court by the taxpayer or County Board of
Equalization or the arbitrator, be enforced in a manner
provided by law for service and enforcement of subpoenas in
civil actions.
5. Parties' attendance -- The taxpayer and County Board of
Equalization shall be entitled to attend, personally or
with counsel, and participate in the proceedings. Such
participation may include the filing of briefs and
affidavits.
6. The hearings can be open to the public; however, upon
agreement of both parties, the proceedings may be
confidential and closed to the public.
7. Record of Proceedings -- No record of the proceedings is
required.
G. ARBITRATOR'S DECISION: The arbitrator's decision shall be in
writing and signed by the arbitrator. The arbitrator shall
deliver a copy of his decision to the parties personally or by
registered mail within ten (10) days of the hearings. Such
decision shall be final and not subject to review or appeal. The
arbitrator's decision shall include:
1. The County docket number
2. The title of the document as "ARBITRATION AWARD"
3. The full case name
4. The identities of the parties who were present at the
hearing either in person or by counsel
5. That the arbitrator has found in favor of the taxpayer or
the County Board of Equalization and against the other
party
q"tirei
POLICIES AND PROCEDURES
I, II' top
Section General Administration
Subject Weld County Assessment Arbitration Rules and Procedures
MIPS
COLORS Date March 23, 1992 Page 76
6. The particular schedule number in question or dispute
7. The amount of change in valuation of the subject property
if any
8. The amount of the arbitrator's fees and expenses not
including counsel's fees incurred in conducting the
arbitration and which party or both are to pay those fees.
NOTE: Arbitrator's fees for residential real property
shall not exceed $150.00. For all other property
arbitrator's fees shall be an amount agreed upon by the
taxpayer and County.
9. A signature line for the arbitrator and the date of the
decision.
10. Witness fees and costs -- Each party shall pay the party's
own witness fees, attorney's fees and miscellaneous costs.
9202:72,
POLICIES AND PROCEDURES
cS7-71
`' Section npnprAI Administration
WIDrSubject WP1d County Blood Bank
COLORA Date March 23. 1992 Page 77
WELD COUNTY BLOOD BANK
1. The Board of Weld County Commissioners authorized establishment of the
Weld County Blood Bank because the Board believes that such a bank will
be beneficial for all citizens of Weld County as well as for county
employees.
2. On December 22, 1980, the Board appointed the Sick Leave Bank Committee
to monitor the following policy of the Weld County Blood Bank.
A. The bloodmobile will stop at three County buildings (the
Centennial Center, the Walton Building, and the Health Building)
at intervals during the year to collect donations from County
volunteers. If the stops prove inconvenient to employees who
want to contribute, they may also go to the hospital to donate.
The bloodmobile will collect 10-15 donations during each visit.
B. Users. All County employees, their spouses, children, parents,
brothers and sisters and retired County employees may use the
Weld County Blood Bank.
C. There will be times when no one in the County will need the blood
that has been donated. By permission of the Weld County Blood
Bank, the blood bank will give the donations to a person in the
hospital who needs the blood or to a person who has received a
large quantity of blood and needs help paying it back to the
hospital's blood bank.
D. Blood Bank Call List. North Colorado Medical Center's Blood Bank
has a call list of people willing to donate blood in an emergency
situation or if their supply is depleted. County employees may
sign up for the call list when the bloodmobile stops at the
County buildings or may notify the hospital to be put on their
call list. Donations received in this manner will also serve as
credits for the Weld County Blood Bank. Hours at the hospital
bank are: Monday, Wednesday and Friday: 10 AM - 3 PM; Tuesday:
12 Noon - 8 PM. Thursdays are reserved for bloodmobile visits.
20376
POLICIES AND PROCEDURES
•' S t4,0Section General Administration
hiDe Subject AIDS Policy
COLORA Date March 23, 1992 Page 78
AIDS POLICY
Because AIDS is a bloodborne, sexually transmitted disease that is not spread
by casual contact, this document does not recommend routine HIV antibody
screening for the groups addressed. Because AIDS is not transmitted through
preparation for serving of food and beverages, these recommendations state
that food-service workers known to be infected with AIDS should not be
restricted from work unless they have another infection or illness for which
such restriction would be warranted.
Persons at increased risk for acquiring infection with human immunodeficiency
virus, the virus that causes Acquired Immunodeficiency Syndrome (AIDS),
include homosexual and bisexual men, intravenous (IV) drug abusers, persons
transfused with contaminated blood or blood products, heterosexual contacts
of persons with HIV infection, and children born to an infected mother. HIV
is transmitted through sexual contact, parenteral exposure to infected blood
or blood components, and perinatal transmission from mother to neonate. The
kind of nonsexual person-to-person contact that generally occurs among
workers and clients or consumers in the workplace does not pose a risk for
transmission of HIV.
Transmission from Patients to Health Care Workers:
Recommendations for Health Care Workers emphasize precautions appropriate for
preventing transmission of bloodborne infectious diseases, including HIV and
Hepatitis infections. Thus, these precautions should be enforced routinely,
as should other standard infection-control precautions, regardless of whether
Health Care Workers or patients are known to be infected with HIV. In
addition to being informed of these precautions, all Health Care Workers,
including students and house-staff, should be educated regarding the
epidemiology, modes of transmission and prevention of HIV infection.
Recommended Precautions for Health Care Workers:
These precautions represent prudent practices that apply to preventing
transmission of HIV and other bloodborne infections and should be used
routinely.
POLICIES AND PROCEDURES
z` `
I Section General Administration
Whir, Subject AIDS Policy
COLORA Date March 23, 1992 Page 79
1. Sharp items (needles, scalpel blades, and other sharp
instruments) should be considered as potentially infective and be
handled with extraordinary care to prevent accidental injuries.
2. Disposable syringes and needles, scalpel blades, and other sharp
items should be placed into puncture-resistant containers located
as close as practical to the area in which they were used. To
prevent needlestick injuries, needles should not be recapped,
purposefully bent, broken, removed from disposable syringes, or
otherwise manipulated by hand.
3. When the possibility of exposure to blood or other body fluid
exists, routinely recommended precautions should be followed.
The anticipated exposure may require gloves, alone, as in
handling items soiled with blood or equipment contaminated with
blood or other body fluids; or may also require gowns, masks, and
eye-coverings when performing procedures involving more extensive
contact with blood or potentially infective body fluids, as in
some dental or endoscopic procedures or postmortem examinations.
Hands should be washed thoroughly and immediately if they
accidentally become contaminated with blood.
4. To minimize the need for emergency mouth-to-mouth resuscitation,
mouth pieces, resuscitation bags, or other ventilation devices
should be strategically located and available for use in areas
where the need for resuscitation is predictable. Resuscitation
equipment and devices, known or suspected to be contaminated with
blood or other body fluids, should be used once and disposed of
or be thoroughly cleaned and disinfected after use.
5. Pregnant Health Care Workers are not known to be at greater risk
of contracting HIV infections than Health Care Workers who are
not pregnant; however, if a Health Care Worker develops HIV
infection during pregnancy, the infant is at increased risk of
infection resulting from perinatal transmission.
Management of Parenteral and Mucous Membrane Exposures of Health Care
Workers:
If a Health Care Work has a parenteral (e.g. needlestick or cut) or mucous
membrane (e.g. splash to the eye or mouth) exposure to blood or other body
fluids, the source patient should be assessed clinically and
epidemiologically to determine the likelihood of HIV infection. If the
POLICIES AND PROCEDURES
ti
j� 1 Section General Administration
W1`1 0 Subject AIDS Policy
COLORA Date March 23, 1992 Page 80
assessment suggests that infection may exist, the patient should be informed
of the incident and requested to consent to serologic testing for evidence of
HIV infection. The Health Care Worker should be evaluated clinically and
serologically for evidence of HIV infection as soon as possible after the
exposure, and if seronegative, retested after 6 weeks and on a periodic basis
thereafter (e.g. 3, 6 months following exposure) to determine if transmission
has occurred.
Transmission from Health Care Worker to Patients:
Health Care Workers known to be infected with HIV who do not perform invasive
procedures need not be restricted from work, unless they have evidence of
other infection or illness for which any Health Care Worker should be
restricted.
Precautions to Prevent Transmission of HIV Infection from Health Care Workers
to Patients:
These precautions apply to all Health Care Workers, regardless of whether or
not they perform invasive procedures:
1. All Health Care Workers should wear gloves for direct contact
with mucous membranes or non-intact skin of all patients.
2. Health Care Workers who have exudative lesions or weeping
dermatitis should refrain from all direct patient care and from
handling patient-care equipment until the condition resolves.
Management of Parenteral and Mucous Membrane Exposure to Patients:
If a patient has a parenteral or mucous membrane exposure to blood or other
body fluid of a Health Care Worker, the patient should be informed of the
incident and the same procedure outlined above for exposures to Health Care
Workers to patients should be followed for both the source Health Care Worker
and the potentially exposed patient.
POLICIES AND PROCEDURES
j' at ,al
Section General Administration
WIiD'O Subject AIDS Policy
COLORA Date March 23, 1992 Page 81
Risk of Occupational Acquisition of Other Infectious Disease by Health Care
Workers Infected with HIV:
Health Care Workers who are known to be infected with HIV and who have
defective immune systems are at increased risk of acquiring or experiencing
serious complications of other infectious disease. Of particular concern is
the risk of severe infection following exposure to patients with infectious
diseases that are easily transmitted if appropriate precautions are not taken
(e.g. , tuberculosis). Health Care Workers infected with HIV should be
counseled about the potential risk associated with taking care of patients
with transmissible infections and should continue to follow existing
recommendations for infection control to minimize their risk of exposure to
other infectious agents. The Health Care Workers personal physician(s), in
conjunction with their institution's personnel health services or medical
directors, should determine on an individual basis whether the infected
Health Care Workers can adequately and safely perform patient-care duties,
and suggest changes in work assignments if indicated.
Sterilization, Disinfection, Housekeeping, and Waste Disposal to Prevent
Transmission of HIV:
Sterilization and disinfection procedures currently recommended for use in
health care and dental facilities are adequate to sterilize or disinfect
instruments, devices, or other items contaminated with the blood or other
body fluids from individuals infected with HIV.
Laundry and dishwashing cycles commonly used in hospitals are adequate to
decontaminate linens, dishes, glassware and utensils. When cleaning
environmental surfaces, housekeeping procedures commonly used in hospitals
are adequate; surfaces exposed to blood and body fluids should be cleaned
with a detergent followed by decontamination using an EPA approved hospital
disinfectant that is mycobactericidal. Individuals cleaning up such spills
should wear disposable gloves.
Blood and other specimens should be labeled prominently with a special
warning such as "Blood Precautions". All blood specimens should be placed in
a second container for transport. The container should be examined carefully
for leaks or cracks.
POLICIES AND PROCEDURES
Iim ,411
'j Section General Administration
Wi�P O Subject AIDS Policy
cOLOBA Date March 23, 1992 Page 82
Spills of blood or other bodily fluids should be cleaned with soap and water
or a household detergent. Individuals cleaning up such spills should wear
disposable gloves. A disinfectant solution of freshly prepared 1:10 dilution
of sodium hypochlorite (household bleach) should be used to wipe the area
after cleaning.
Articles soiled with blood should be placed in an impervious bag prominently
labeled "Blood Precautions" before being sent for reprocessing or disposal.
Alternatively, such contaminated items may be placed in plastic bags of a
particular color designated solely for disposal of infectious wastes by the
hospital. Disposable items should be incinerated or disposed of in accord
with the hospital's policies for disposal of infectious wastes. Reusable
items should be reprocessed in accordance with hospital policies for
Hepatitis B virus-contaminated items. Lensed instruments should be
sterilized after use on AIDS patients. Blood and other body fluids can be
flushed down the toilet.
Considerations Relevant to Other Workers:
PERSONAL SERVICE WORKERS. Personal Service Workers are defined as
individuals whose occupations involve close personal contact with clients
(e.g. , hairdressers, barbers, estheticians, cosmetologists, manicurists,
pedicurists, massage therapists) . Personal Service Workers whose services
(tattooing, ear piercing, acupuncture, etc. ) require needles or other
instruments that penetrate the skin, should follow precautions indicated for
Health Care Workers. Any Personal Service Worker with exudative lesions or
weeping dermatitis, regardless of HIV infection status, should refrain from
direct contact with clients until the condition resolves. Personal Service
Workers known to be infected with HIV need not be restricted from work unless
they have evidence of other infections or illnesses for which any Personal
Service Worker should also be restricted.
FOOD SERVICE WORKERS. Food Service Workers are defined as individuals whose
occupations involve the preparation or serving of food or beverages (e.g. ,
cooks, caterers, servers, waiters, bartenders, airline attendants) . All
epidemiologic and laboratory evidence indicates that bloodborne and sexually
transmitted infections are not transmitted during the preparation or serving
of food or beverages, and no instances of HBV or HIV transmission have been
documented in this setting.
enf + 3
.ten , ,
POLICIES AND PROCEDURES
•( Section General Administration
WIDc Subject AIDS Policy
COLORADO Date March 23, 1992 Page 83
All Food Service Workers should follow recommended standard practices of good
personal hygiene and food sanitation. All Food Service Workers should
exercise care to avoid injury to hands when preparing food. Should such an
injury occur, both aesthetic and sanitary considerations would dictate that
food contaminated with blood be discarded. Food Service Workers known to be
infected with HIV need not be restricted from work unless they have evidence
of other infection or illnesses for which any Food Service Worker should also
be restricted.
OTHER WORKERS SHARING THE SAME ENVIRONMENT. No known risk of transmission to
co-workers, clients, or consumers exists from HIV infected workers in other
settings (e.g. , offices, schools, factories, construction sites) . Workers
known to be infected with HIV should not be restricted from work solely based
on this finding. Moreover, they should not be restricted from using
telephones, office equipment, toilets, showers, eating facilities, and water
fountains. Equipment contaminated with blood or other body fluids of any
worker, regardless of HIV infection status, should be cleaned with soap and
water or a detergent. A disinfectant solution or a fresh solution of sodium
hypochlorite (household bleach) should be used to wipe the area after
cleaning.
POLICIES AND PROCEDURES
IB S 1. lei Section General Administration
ViiMc Subject FmpinyPp Car Pooling
COLORADO Date March 23, 1992 Page 84
EMPLOYEE CAR POOLING
It is the policy of Weld County to encourage all Weld County employees to
enter into car pooling arrangements with other employees for transportation
to and from work to the end that energy may be conserved; and further, to
reduce the problem created by the limited number of parking spaces available
in the Weld County Centennial Center, and the area adjacent to the Weld
County Centennial Center.
POLICIES AND PROCEDURES
w41:t 411
Section General Administration
Subject Cnllert Calls by Employees to Centennial Center
COLOAA Date March 23, 1992 Page 85
COLLECT CALLS BY EMPLOYEES TO CENTENNIAL CENTER
No collect calls shall be accepted by the County switchboard, except as
designated by the Board of County Commissioners.
A. The County Commissioners shall institute a system of telephone
credit cards to be used by departments who, within their normal
conduct of County business, find it necessary for employees
located outside of the Centennial Center to contact the Center on
a regular basis.
B. The cards shall be issued by the County Commissioners on a
department-by-department basis as the need for such cards is
demonstrated. The request for department credit cards shall be
made by the department head. The initial cost involved in the
purchase of the cards shall be deducted from each department
budget.
C. Each card shall be coded to denote the employee user. Only those
charges for calls made to 356-4000 shall be accepted. Charges
for any calls made by an employee or official using a County
credit card which are not made to 356-4000 shall be deducted from
the individual's paycheck.
D. The Board of County Commissioners shall have the right to require
any department or individual to discontinue the use of credit
cards upon evidence of misuse.
E. Exceptions to this policy:
1. On all election days, the Clerk and Recorder shall arrange
with Communications for election judges to place collect
calls to the Centennial Center.
2. The Sheriff and District Attorney's offices shall continue
to work under the present credit card agreement existing
between those departments and the Communications
Department.
F. Criteria to be used by the County Commissioners in determining
need:
POLICIES AND PROCEDURES
Zeta
CaI, S ¶ Section General Administration
WIlDSubject Collect Calls by Employees to Centennial Center _
COLOBA Date March 23, 1992 Page 86
1. If the quantity of such calls required on a regular basis
is significant.
2. If the vehicles used by the requesting department or
individual do not have two-way communications equipment.
POLICIES AND PROCEDURES
t 1111
11 `1101 Section General Administration
SUbjeCt nesrription of Weld County Retirement Plan
0
COLORA Date March 23. 1992 Page 87
DESCRIPTION OF WELD COUNTY RETIREMENT PLAN
The following brief description of the Weld County Retirement Plan (Plan) is
provided for general information purposes only. Participants should refer to
the Plan agreement for more complete information.
A. General -- The Plan is a defined benefit pension plan covering
substantially all permanent full-time employees of Weld County
(County) . Established in 1969, the Plan provides for pension, death
and disability benefits.
B. Pension Benefits -- Under the Plan, upon normal retirement employees
are entitled to a monthly benefit of one-twelfth of 2.2% of the
employee's final average annual compensation (36 highest paid
consecutive months of credited service during last 10 years of
service), multiplied by the total number of years of credited service.
A member shall be eligible for the Rule of 80 Early Retirement after
age 55 if the sum of his age plus credited service equals 80 or more.
Employees with 10 years of service who retire after age 55 but before
their normal retirement date who do not qualify for the Rule of 80 will
receive reduced benefits. Employees may elect to receive benefits by
one of the following alternative methods:
1. Joint and Survivor Benefit
2. Life and Term Certain Benefit
3. Social Security Adjustment Option
4. Lifetime Benefit Option
C. Death and Disability Benefits -- If disability occurs before normal
retirement age and the employee is eligible for Social Security
Benefits, the monthly benefit is the normal retirement benefit which
would have been payable at age 65, based upon credited service and
compensation prior to disability.
If a participant dies before age 55, his accumulated contribution will
be paid to his beneficiary or estate. In the event a participant with
10 years of service and who is also between 55 and 65 years of age
dies, a monthly benefit of 60% of the monthly retirement benefit earned
by the participant prior to his date of death is payable to his spouse.
If the employee is not married, his accumulated contributions will be
paid to his beneficiary or estate.
x;0 4r1
POLICIES AND PROCEDURES
El
Section General Administration
VIIISubject Description of Weld County Retirement Plan
COLORS Date March 23, 1992 Page 88
D. Vesting -- A plan amendment effective January 1, 1979 provides that if
an employee terminates prior to his normal retirement age and before
he has six years of service to the County, he will be entitled to a
termination benefit of his accumulated contributions as of the date of
termination. If an employee terminates after six years of service, he
may elect to either withdraw his accumulated contributions or to
receive benefits based upon the following vesting schedule at his
normal retirement date or at age 55.
Completed Years Percent of Earned
of Service Benefit Vested
Less than 6 0%
6 50%
7 75%
8 or more 100%
For 1978 and prior years, if an employee terminated prior to normal
retirement age and before he had eight years of service to the County,
he was entitled to a termination benefit of his accumulated
contributions as of the date of termination. If an employee terminated
after eight years of service, he could elect to either withdraw his
accumulated contributions or to receive benefits based upon the
following vesting schedule at his normal retirement date or at age 55.
Completed Years Percent of Earned
of Service Benefit Vested
Less than 8 0%
8 50%
9 75%
10 or more 100%
Effective January 1, 1987, employee contribution to the retirement fund
is 6%. This amount is matched by the County.
POLICIES AND PROCEDURES
ft
w • LW a
, Section Grneral Administration
W��p Reimbursement Policy for Damage Incurred During Emergency,
Subject Disaster, or Search and Rescue Situations
COLOAA Date March 23, 1992 Page 89
REIMBURSEMENT POLICY FOR DAMAGE INCURRED DURING EMERGENCY,
DISASTER, OR SEARCH AND RESCUE SITUATIONS
The Board of County Commissioners of Weld County on April 4, 1984,
adopted the following policy:
"In the event of an emergency, disaster or search and rescue
situation, the Sheriff or Board of County Commissioners, as
appropriate, may request an employee, volunteer, or reserve
deputy to utilize their vehicle or equipment in connection with
the emergency, disaster, or search and rescue operation. In the
event the vehicle or equipment is damaged due to extraordinary
use out of no negligence of the claimant, as determined by the
Sheriff or Board of County Commissioners, the claimant employee,
volunteer, or reserve deputy may be reimbursed for actual damages
as determined by the county's insurance adjuster for damage
incurred in connection with the extraordinary use associated with
the emergency, disaster, or search and rescue situation, in
addition to normal mileage reimbursement."
This policy shall not extend to normal use of private vehicles reimbursed for
mileage by Weld County for normal County business, heavy equipment
contractors under contract to Weld County for any purpose, or aircraft.
POLICIES AND PROCEDURES
si it la'
$ Section General Administration
Will Compensation to Individuals for Losses Associated
Subject with Animals and Equipment while in Volunteer Capacity
COLORA Date March 23, 1992 Page 90
COMPENSATION TO INDIVIDUALS FOR LOSSES ASSOCIATED WITH
ANIMALS AND EQUIPMENT WHILE IN VOLUNTEER CAPACITY
The Board of County Commissioners of Weld County, on July 27, 1988, adopted
the following policy:
"That within the self-insurance fund of Weld County, funds shall
be provided to insure volunteers' dogs and horses and associated
equipment from losses or damages incurred while performing in a
volunteer capacity for the Sheriff in amounts not to exceed
$2,000 for loss or injury to the animal and $500 for loss or
damage to associated equipment for any single occurrence with the
claim to be determined by the Sheriff based upon fair market
value of the loss incurred, said decision by the Sheriff shall be
the final administrative decision. This action is not intended
as a waiver of sovereign immunity pursuant to CRS Section 24-10-
104 (1987 Cum. Supp. ) but is intended as reimbursement for
volunteer's expenses."
POLICIES AND PRtItEDURES
Section General Administration
MIPS Subject Emergeny Closing Procedure
��AA Date March 23, 1992 Page 91
EMERGENCY CLOSING PROCEDURE
At times heavy snow, power outages or other emergencies may require emergency
closing for Weld County offices.
A. In the event of emergency closing the following procedures will be
followed:
1. The Personnel Department will periodically contact appropriate
emergency services office to update the status of road or power
conditions.
2. Conditions will be reported to the Board of County Commissioners
and the Director of Finance and Administration.
3. The Board will determine if and when offices will be closed.
4. The Personnel Department will notify all County departments with
the effective time of closing.
B. Should emergency conditions occur before normal working hours,
employees are urged to listen to local radio stations.
C. Employees should reference Personnel Manual Section "Closure of County
Operations" to see how closure impacts leave days and pay.
POLICIES AND PROCEDURES
t Section Qpnpra1 Administration
Subject Ambulance Uniform Allowance
COLORS Date March 23, 1992 Page 92
AMBULANCE UNIFORM ALLOWANCE
The Board authorizes the Weld County Ambulance Service to provide the
following uniform allowance to employees once annually:
Full-time employees -- $80 per year
Part-time employees -- $40 per year
The following policy guidelines are established regarding the uniform
allowance:
1. The uniform allowance will be given once annually in a lump sum.
2. Employees will be responsible for the replacement of any damaged
uniform items.
3. The specifications of uniform items must be broad enough so as
not to limit choices of vendors. The suggested vendor list and
uniform items will be communicated to the Board of Commissioners
annually and updated with the Ambulance Commissioner Coordinator
as required.
4. It is the responsibility of the Director of Ambulance Services to
assure that uniforms are maintained in an acceptable and uniform
condition.
e?2O7i79
POLICIES AND PROCEDURES
Section General Administration
Subject Smoking in Buildings and Vehicles under Control of Weld County
IMPS
COLOAA Date March 23, 1992 Page 93
SMOKING IN BUILDINGS AND VEHICLES UNDER THE
CONTROL OF WELD COUNTY
Effective July 1, 1988, smoking is prohibited in all buildings and vehicles
under the control of Weld County, Colorado, by and through the Board of
County Commissioners of Weld County. Signs will be posted in all buildings
and vehicles which shall notify employees and visitors of this policy.
Employees of Weld County found to be in violation of this policy will be
subject to disciplinary actions as stated in Weld County Ordinance 118, as
amended; the Weld County Personnel Policy Handbook. If visitors are found to
be in violation of this policy, they will be notified of it and asked to
extinguish their smoking materials.
(Adopted by Board resolution on May 9, 1988. )
2,2O7,7'}
POLICIES AND PROCEDURES
t(IfSt\ Section General Administration
VIP% Subject Road and Bridge Policies
COLORA Date March 23. 1992 Page 94
ROAD AND BRIDGE POLICIES
1. Countywide System for Roads and Bridges: The Board of County
Commissioners adopted a concept of a countywide system for roads and
bridges, subject to the power of the Board to make whatever changes it
may deem necessary in this system as the needs of Weld County change in
the future.
2. Culvert Policy: It shall be the policy of the County of Weld that
whenever the installation of any culvert is made necessary by the
creation of a new access from private property to a County Road by the
owner or occupier of such property, by any alteration of the natural
flow of water across private property by the owner or occupier of such
property, or for any other reason as occasioned by any owner or
occupier of private property, then, in all such cases, such owner or
occupier shall pay for the new culvert and the cost of installation.
The culvert shall be installed according to the specifications of the
Department of Engineering of Weld County, Colorado, as to size and
location in the County right-of-way or other County property in which
such culverts may be installed. In the case of new construction, the
Weld County Building Inspection Department will not issue a
Certification of Occupancy until all required culverts are installed.
After installation, such owner or occupier shall be responsible for the
maintenance and repair of said culvert. If, after installation, such
owner or occupier is notified of the need for maintenance or repair in
such a culvert, said owner or occupier shall have a reasonable time to
make such repair and maintenance, or Weld County shall perform such
repair or maintenance and bill the responsible party. This policy
shall apply to all new and existing culverts of the type described
above.
3. Maintenance of Culverts, Bridges, or Similar Structures Used For
Irrigation Purpose: The County's duty to maintain culverts, bridges,
or similar structures used for irrigation purposes shall be in
accordance with the following statutory requirements:
§43-5-305(1) , CRS. "Any person or corporation owning or
constructing any ditch, race, drain, or flume in, upon, or across
any highway shall keep the highway open for safe and convenient
travel by constructing culverts, bridges, or similar structures
over such ditch, race, drain, or flume. When any ditch is
constructed across, in, or upon any highway, the person owning or 9 "0 'rgi f 5
POLICIES AND PRL, CEDURES
ei
Section General Administration
Subject Road and Bridge Policies
COLORA Date March 23, 1992 Page 95
constructing such ditch shall construct a culvert, bridge, or similar
structure long enough to conduct the water from shoulder to shoulder
from such road or highway or of such greater length as the Board of
County Commissioners having jurisdiction thereover may require, plans
for said culvert, bridge, or similar structure having been approved in
advance by said Board of County Commissioners. The Board of County
Commissioners shall maintain said culvert, bridge, or similar structure
after construction, in accordance with the provisions of $37-84-106,
CRS."
;37-84-106, CRS. "All bridges constructed over any ditch, race,
drain, or flume, crossing any public highway, street, or alley,
after construction, shall be maintained by and at the expense of
the county or municipality in which such ditch, race, drain, or
flume may be situated."
4. Use of County Borrow Pits Along Weld County Roads for Irrigation Runoff
and Other Uses: Persons in Weld County who are currently using borrow
pits along Weld County roads for irrigation runoff and other uses,
whether the consent to such uses was originally given expressly or
implied, may continue such uses as long as the following conditions are
met:
A. That said persons must prevent said irrigation runoff or other
uses from causing silt, other sediment, or weeds to accumulate in
the borrow pits so that proper drainage is inhibited.
B. That said persons must prevent the blockage of said borrow pits
and must not alter the direction or rate of flow in any manner in
the borrow pits.
C. That said persons must prevent said irrigation runoff and other
uses from causing damage to Weld County roads.
If the Board of County Commissioners of Weld County, Colorado,
determines that users are violating the above-stated conditions, the
Board may consider the revocation of its prior consent, whether express
or implied, and require, as a condition of any new consent, that users
enter into written agreements with Weld County, whereby users promise
to clean silt, other sediment, and weeds from the borrow pits for the
purpose of facilitating proper drainage, and to make sure that the same
is not deposited upon Weld County roads. New consent by the Board of
POLICIES AND PROCEDURES
w t''j Section General Administration
Subject Road and Bridge Policies
0
COLORA Date March 23, 1992 Page 96
County Commissioners of Weld County, Colorado, is contingent upon
compliance with all terms and conditions of agreement. The Board will
take an affirmative role in the coordination and establishment of
agreements after new consent is given.
The Board of County Commissioners of Weld County, Colorado, reserves
the right to revoke prior consent or new consent, whether express or
implied, at any time. The Board also reserves its right to alter or
amend the standards listed in paragraphs A through C above.
5. Acquisition of Required Permits for Road and Bridge Operations: It
shall be the policy of Weld County that Weld County shall obtain all
required State and Federal permits for Road and Bridge operations.
Weld County will acquire, in its name, all gravel mining permits for
gravel permits on County-owned property. When the property is not
owned by the County, the owner of the property shall contractually have
the obligation to get the gravel mining permit and, if applicable, the
cost of permitting can be negotiated in the contract agreement approved
by the Board of County Commissioners for County gravel operations on
other than County-owned property.
6. Rural Subdivision Roads in Weld County: It shall be the policy of Weld
County that rural subdivisions requiring road upgrades or improvements
to accommodate traffic or when citizens of the subdivision request
upgrades to existing roads, that local improvement districts will be
created and an assessment made against the property owners benefitting
from the improvements. Weld County shall only provide normal
maintenance to existing roads in rural subdivisions with Road and
Bridge funds.
7. Policy for Cattle Guards on Weld County Roads: The following policy
concerning the maintenance and repair of cattle guards on Weld County
roads has been adopted by the Board of County Commissioners:
A. Installation. Any rancher in Weld County, Colorado, who wishes
to install a cattle guard on any Weld County road may do so only
upon the following conditions:
1) Said rancher shall pay the entire cost of said
installation.
CA's 'T c2
POLICIES AND PROCEDURES
�1qt Section General Administration
UlfSubject Road and Bridge Policies
COMMADate March 23, 1992 Page 97
2) Said rancher shall notify the Weld County Engineer of
his/her intentions to install a cattle guard on any Weld
County road before said installation occurs. Notification
must be written and must be received by the Weld County
Engineer at least fifteen (15) days prior to the date of
said installation.
3) Any cattle guard which is installed upon a Weld County road
must comply with any and all standards required by the Weld
County Engineer, including but not limited to Weld County's
"Guidelines for Cattle Guard Replacement".
4) Said rancher shall enter into a contract with Weld County
detailing the rights and obligations concerning both Weld
County and said rancher towards the maintenance and repair
of said cattle guard.
B. Cleaning. Any rancher who benefits from any cattle guard located
upon any Weld County road has the responsibility to periodically
clean the space within the cement box and below the grate of said
cattle guard. The word "clean" includes the removal of all sand,
dirt, silt, and other solid debris.
Said rancher may request Weld County to perform the cleaning for
said rancher; however, the cost of the cleaning will be billed to
the rancher and the rancher shall pay said bill within thirty
(30) days of receipt thereof.
All cleaning of said cattle guard must be completed within one
(1) working day. Rancher shall notify the Weld County Department
of Engineering of his intention to perform said cleaning prior to
commencing the work. If the rancher believes that such cleaning
is likely to extend into the next working day, said rancher shall
replace the grate of said cattle guard before twilight.
The road on which the grate is located shall be closed during the
cleaning. The rancher has the duty to place all signs necessary
in order to warn oncoming motorists of the road closure, using
signs in accordance with the Manual on Uniform Traffic Control
Devices. The rancher may use signs provided by Weld County for
such purposes.
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POLICIES AND PROCEDURES
'11 � !
SeCt10lI General Administration
Subject Road and Bridge Policies
COLOBA Date March 23, 1992 Page 98
C. Repair. The repair of any cattle guard on any Weld County road
shall be the joint responsibility of Weld County and the rancher
who benefits from said cattle guard. Weld County shall provide
the labor for said repair. Weld County shall pay for materials
to repair the metal grate. The rancher shall be responsible for
all other materials used in said repair.
D. Replacement. In the event any cattle guard located upon any Weld
County road is deemed by Weld County to be beyond the state of
repair, said cattle guard shall be replaced. Weld County shall
provide the labor for said replacement and shall pay for the new
metal grate. The rancher shall be responsible for all other
materials used in said replacement. The replacement shall be in
accordance with Weld County's "Guidelines for Cattle Guard
Replacement".
E. Notification of the Need for Repair. It is the responsibility of
any rancher who benefits from any cattle guard located upon any
Weld County road to notify County of the need for repair of said
cattle guard. Said rancher must notify County within the same
24-hour period in which the rancher obtains the knowledge of the
need for repair.
F. Contract with Weld County. Any rancher who benefits from any
cattle guard located upon any Weld County road must enter into a
contract with Weld County detailing the rights and obligations
concerning both Weld County and said rancher towards the
maintenance and repair of said cattle guard, or Weld County will
remove the cattle guard.
8. Use of Road Rights-of-Way by Pipeline Companies: The use of road
rights-of-way by pipeline companies is governed by §38-5-101, CRS:
"Any domestic or foreign telegraph, telephone,
electric light power, gas, or pipeline company
authorized to do business under the laws of this
state or any city or town owning electric power
producing or distribution facilities shall have the
right to construct, maintain, and operate lines of
telegraph, telephone, electric light, wire or power
or pipeline along, across, upon, and under any
public highway in this state, subject to the
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POLICIES AND PRUCEDURES
ti
jl • t ' Section General Administration
1111114; Subject Road and Bridge Policies
COLORA Date March 23, 1992 Page 99
provisions of this article. Such lines of
telegraph, telephone, electric light, wire or power
or pipeline shall be so constructed and maintained
as not to obstruct or hinder the usual travel on
such highway."
The statute requires that Weld County must allow a pipeline company,
private or public, to use County Road rights-of-way for installing
pipeline, so long as their use does not interfere with the normal use
of the roadway.
There may be some variance to this general principle depending upon
whether or not the County has simply a right-of-way or a fee interest
in the road. A fee interest may require the company to obtain an
easement. A right-of-way may not. If the company is engaged in
interstate commerce, it would also be regulated by the federal
government. If it is engaged in intrastate commerce, it may be
regulated by the state government through the P.U.C.
9. Sign Making Policy: The County sign shop shall produce signs only for
maintained Weld County roads in subdivisions, unincorporated areas and
unincorporated towns.
10. Personal Use of Grader Sheds: Grader operators living adjacent to
County grader sheds may use grader sheds in accordance with the
agreement entered into by the County and operator. Grader operators
may park vehicles owned by them in grader sheds while performing road
maintenance work for the county if the personal vehicle is not parked
in the grader shed in lieu of a County owned grader. Any personal use
of grader sheds by county employees or any other individual except as
specified above is prohibited by the Board of County Commissioners.
11. Utilities and Rents for Grader Sheds: Effective January 1, 1983, the
Board of County Commissioners adopted the policy that where the County
owns a house adjacent to a grader shed or a trailer pad, that item
associated with the grader shed will be provided at no cost.
Electricity will be provided for the dwellings located at the Kiowa
grader shed and Gwonda grader shed while the current employees utilize
and operate out of those grader sheds. However, when the current
operator ceases to utilize one of the above named grader sheds, that
electricity will not be provided to the dwelling of the new employee or
employee assigned to those grader sheds. Effective with this policy,
the utility of gas is no longer to be provided to any grader operator
in Weld County.
POLICIES AND PROCEDURES
LitIj
II Section General Administration
Subject Road and Bridge Policies _
COLOBA Date March 23, 1992 Page 100
12. Expenditure of County Funds for the Construction, Upgrade, Paving,
and/or Maintenance of Streets, Roadways, and/or Highways located within
Incorporated Municipal Boundaries: No Weld County funds shall be spent
on the construction, upgrade, paving, and/or maintenance of streets,
roadways, and/or highways located within incorporated municipal
boundaries, with the exception of funds which are reimbursed to Weld
County, Colorado, on a dollar-for-dollar basis, and with the exception
of funds provided (or services in lieu thereof) to municipalities by
Weld County pursuant to Section 43-2-202, CRS.
POLICIES AND PROCEDURES
1� •�\ `
Sect 10l1 (;anaral Administration
Subject Fugitive Dust Control on Weld County Roads
COLOSA Date _March 23. 1992 Page 101
FUGITIVE DUST CONTROL ON WELD COUNTY ROADS
It shall be the policy of the Board of Weld County Commissioners to address
fugitive dust on Weld County roads as follows:
1. Fugitive dust control will be performed on Weld County roads only
where the cost of dust control chemicals is reimbursed to Weld
County by the individuals requesting dust control chemicals or by
other separate funding mechanisms.
2. Weld County has no objection to individuals applying dust control
chemicals providing they agree in writing to the following
conditions:
A. Chemicals that are used for dust control may not contain
any hazardous substances as defined in Section 29-22-101,
CRS, as amended. Individuals are advised that petroleum
products, whether commercially processed or not, may
contain hazardous substances.
B. Petroleum products that contain naphtha or other
combustible material may not be used.
C. Dust control chemicals must be applied in such a manner
that will not contaminate any waters of the state.
Therefore, material that may wash from the roadbed will not
be suitable.
D. Weld County will make every effort not to disturb the
section of road that has been treated with dust control
chemicals. However, it will be the County's decision at
what point the area must be graded. Weld County will not
be responsible for reapplying dust control chemicals.
E. Individuals that choose to apply dust control chemicals
will be responsible for knowing the content and reporting
that information in writing to the Weld County Engineering
Department. Individuals will also be responsible for the
application of the chemicals and any damage that may occur
from the use of the chemicals.
4 'O ' :j
POLICIES AND PROCEDURES
Section General Administration
1 Subject Fugitive Dust Control on Weld County Roads
MIPS
COLORA Date March 23, 1992 Page 102
F. Individuals must agree to indemnify, defend and hold
harmless Weld County and its officers and employees from
any claims arising from the application of dust control
chemicals by the individuals.
3. Weld County will provide the preparation of the roadbed prior to
the application of dust control chemicals at no cost to the
individual. Preparation may include the import of gravel
material, grading, compaction and wetting. All, or a portion of,
these methods will be used depending on the condition of each
individual road and the chemical to be applied.
4. Should the Colorado Department of Health require Weld County to
apply dust control chemicals, Weld County will apply the
chemicals and charge adjacent property owners for the cost of
chemicals only. If Weld County is not reimbursed by the
individual property owners, a reapplication of chemicals will not
be made.
POLICIES AND PRLCEDURES
II
` Section General Administration
Subject Procedures regarding Survey Monuments
COLORADO Date March 23, 1992 Page 103
PROCEDURES REGARDING SURVEY MONUMENTS
The Board of County Commissioners has been made aware of problems that have
occurred as a result of a failure to protect monuments which lie within Weld
County road rights-of-way. The destruction of monuments can be a criminal
offense and can lead to substantial costs for the County or adjacent
landowners when the need arises to replace those monuments. Generally, these
monuments will be found in or near the County road intersections inasmuch as
they are on the section corners and at the quarter corner, approximately one-
half mile from the road intersections. The following procedure was adopted
on March 12, 1991 to ensure that the monuments can be documented and replaced
or relocated as road work is performed at a minimum of inconvenience to the
County crews and at a minimum of inconvenience to those who seek to use the
monuments for survey work.
Paved roads generally do not represent a major problem with respect to survey
monuments, but in order to avoid having surveyors dig holes in the road
intersections to locate the monuments, the monument should be enclosed in a
box which is kept flush with the roadway surface. If the monuments are paved
over, the surveyors are within their rights to destroy the roadway surface in
order to reach the monument which is both a time-consuming process for the
surveyor and a detriment to the road surface. The procedures for handling
paved surfaces are as follows:
1. The County Surveyor should be notified of the proposed route of
the construction work on paved roads so that file research can be
completed to locate any records of the existing monuments.
2. The County Surveyor will then physically search the project route
to locate monuments that are of record or that may presently be
in place, but for which no current record exists.
3. The County Surveyor would then reference the monuments to
reference points outside of the area of the construction so that
they can be replaced, if necessary, after construction.
4. Upon the completion of the construction project, the County
Surveyor would place survey monument boxes over the monuments
that were covered during the paving project or overlay and
reference back to the monuments if necessary.
2 {' : 7: 3
POLICIES AND PROCEDURES
viSection General Administration
WIlD111115
Subject Procedures regarding Survey Monuments
COLORA
Date March 23, 1992 Page 104
Where survey monument boxes have already been set in place by surveyors, new
paving or overlay would require that the County Surveyor be notified so that
the boxes can be raised to the new road surface. The process could become
more complex if a grade change is required at the time of the paving or
overlay. Generally, paving or overlay consisting of between two and four
inches of new asphalt would not destroy the monument but would make it less
accessible. However, grade changes could require further work as outlined in
the section on unpaved roads.
Unpaved roads generally require that a monument be set approximately six
inches below the existing road surface. This normally does not cause a
problem with regular road maintenance. The greater problem is where there is
new road construction, reconstruction, a change in the grade of an existing
rood, or when utilities are placed within the road right-of-way.
The procedure for dealing with unpaved roads is as follows:
1. The County Surveyor should be notified of the proposed route of
construction so that research can be completed on the appropriate
records regarding monuments that may currently be in place. The
notification should indicate the extent of the construction to
determine the likelihood of destruction of monuments during the
course of construction.
2. The County Surveyor would then physically search the route of the
project to locate monuments that are of record or that may
presently be in place but not of record.
3. The County Surveyor will then reference the monument so that they
can be replaced, if necessary, after the construction. The
surveyor needs to know whether any power poles, fence lines,
concrete irrigation boxes, or other existing physical structures
near the monument are going to be moved or replaced so that they
would not be used as reference points for the existing monuments.
4. Following the completion of the project, the County Surveyor
would evaluate the monuments to see if they have been destroyed
or moved during construction.
5. The County Surveyor could then replace any monuments destroyed or
moved during construction with appropriate monuments and
reference them in accordance with number 3 above. Survey
monument boxes would also be set in place if paving is to occur.
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