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Weld County Code Ordinance 2025-04
In the Matter of Repealing and Reenacting, with Amendments, Chapter 8 Public
Works, and Chapter 11 Franchises of the Weld County Code
Be it ordained by the Board of County Commissioners of the County of Weld, State
of Colorado:
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board of County Commissioners, on December 28, 2000, adopted
Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of
Weld, including the codification of all previously adopted ordinances of a general and
permanent nature enacted on or before said date of adoption, and
Whereas, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
Now, therefore, be it ordained by the Board of County Commissioners of the County of
Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and
hereby are, repealed and re-enacted, with amendments, and the various Chapters are
revised to read as follows.
Chapter 8
Public Works
Amend Sec. 8-2-40. Acceptable types of collateral.
A. The three (3) types of collateral listed below are acceptable to the County:
1. An irrevocable letter of credit from a federal- or state -licensed financial institution
that has at least a three -star rating given by Bauer Financial consistent with a
sample form supplied by the County. The Board may require the applicant to obtain
replacement collateral if the rating of the financial institution providing the collateral
drops below this level, which shall be submitted within sixty (60) days of the
Board's notice to the applicant that the rating has fallen and that the collateral must
be replaced. The applicant may not terminate existing collateral until replacement
collateral has been secured.
a. The letter of credit shall provide for payment upon demand to the County if
the applicant has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default
or if, after the County has received notice that the letter will not be renewed
as set forth below, the County notifies the issuer that the applicant has not
provided adequate replacement collateral and the County intends to
demand payment, regardless of whether applicant is then in default.
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b. The issuer of the letter of credit shall guarantee that, at all times, the
unreleased portion of the letter of credit shall be available to the County for
the purpose of completing the uncompleted improvements enumerated in
the Improvements Agreement.
c. The letter of credit must stipulate that it will automatically renew and shall
remain in full force and effect until released by action of the Board, or until
after the Board has received a minimum of sixty (60) days' written notice
from the issuer of the letter of credit of the pending expiration. The notice
shall be sent by certified mail to the Clerk to the Board.
2. A surety bond given by a corporate surety authorized to do business in the State
and having at least a B+ rating given by A.M. Best. The Board may require the
applicant to obtain replacement collateral if the rating of the financial institution
providing the collateral drops below this level, which shall be submitted within sixty
(60) days of the Board's notice to the applicant that the rating has fallen and that
the collateral must be replaced. The applicant may not terminate existing collateral
until replacement collateral has been secured.
3. A cash deposit made with the Board.
B. Upon acceptance by the Board, all forms of collateral shall be deposited into the Trust
Fund or physically retained by authorized personnel in the Clerk to the Board's Office.
Chapter 11
Franchises
Delete Chapter 11 in its entirety — Reserved
Be it further ordained by the Board that the Clerk to the Board be, and hereby is, directed
to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections
as they currently exist within said Code; and to resolve any inconsistencies regarding
capitalization, grammar, and numbering or placement of chapters, articles, divisions,
sections, and subsections in said Code.
Be it further ordained by the Board, if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions
hereof. The Board of County Commissioners hereby declares that it would have enacted
this Ordinance in 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.
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First Reading: March 17, 2025
Publication: March 23, 2025, in the Greeley Tribune
Second Reading: April 2, 2025
Publication: April 6, 2025, in the Greeley Tribune
Final Reading: April 21, 2025
Publication: April 27, 2025, in the Greeley Tribune
Effective: May 2, 2025
2025-0915
ORD2025-04
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