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HomeMy WebLinkAbout20193787.tiffEMERGENCY WELD COUNTY CODE ORDINANCE 2019-15 e IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, 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 the County of Weld, State of 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 Board of County Commissioners of Weld County, Colorado, created the Weld County Department of Oil and Gas Energy, on July 8, 2019, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein, specifically. 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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 5 REVENUE AND FINANCE Appendix 5-D Weld County Government Fees — ATTACHED BE IT FURTHER ORDAINED by the Board that an emergency exists inasmuch as the Board of County Commissioners of Weld County, Colorado, created the Weld County Department of Oil and Gas Energy, on July 8, 2019, necessitating certain permit fees to be reflected in Appendix 5-D, which were approved on an emergency basis and effective August 5, 2019. BE IT FURTHER ORDAINED by the Board that said fees need further revision for the proper assessment of fees on incoming permit applications, therefore, this Ordinance is declared to be an Emergency Ordinance under the provisions of Section 3-14(6) of the Weld County Home Rule Charter. 4520881 Pages: 1 of 8 09/05/2019 03:39 PM R Fee :$0.00 Carly Koppas, Clerk and Recorder, Weld County, CO 1111 Irdir 1141,410N11,4:106.illgi hilild,tilIli 11111 PAGE 1 cc %cT g(E /C I -t), c Ow(3o ), OIc+C cD), cn.C la+B). OC,c rn-) ocirKVt9 salt1ti 2019-3787 ORD2019-15 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. The above and foregoing Ordinance Number 2019-15 was, on motion duly made and seconded, adopted by the following vote on the 21st day of August, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WF.j D COUNTY, COLORADO ATTEST: diett,.O Weld County Clerk to the Board Barbara Kirkmeyer, hair Mik BY: Deputy Clerk to the Boar Sears . Conway / AP OV.D AS.2O- F ounty ' t . rney Date of signature: O {/ '/2C)9 Read and Approved: August 21, 2019 Published: August 28, 2019, in the Greeley Tribune Effective: August 21, 2019 4520881 Pages: 2 of 8 09/05/2019 03:39 PM R Fee,$0.00 Carly Koppea, Clerk and Recorder, Weld County, CO Ell kirlrnli lelE l M fir« 1NIN I ill li+r 11111 PAGE 2 4530563 Pages. 2 of $ 10/06/21119 02:47 PM R Fee:$0.00 Carly Kopaes: Clerk and Recorder, Wald County. CO X111 rd it I l:l#'I14i k+iii law:14 h lil tI ,11111 2019-3787 ORD2019-15 APPENDIX 5-D - WELD COUNTY GOVERNMENT FEES Service Provided 1. For the copying of public documents where the fee for such copying is not otherwise specified by statute 2. For the copying of public documents via laser jet printer, if feasible, and where the fee for such copying is not otherwise specified by statute 3. Copy of the Home Rule Charter 4. For Weld County road maps 5. For the taking of fingerprints by the Weld County Sheriffs Office 6. For all research and retrieval of public records requested pursuant to the Colorado Open Records Act 7. Weed spraying: truck and labor Fee Established $0.25 per copy, or actual cost $0.25 per page, or actual cost $5.00 + $3.00 postage if mailed By size, as determined by Geographical Information Services Department $10.00 per person (limit of 2 cards) The actual cost up to $30.00 per hour of time spent by custodian's staff performing such research and retrieval; however, first hour of time spent is free and custodian must be paid the estimated cost prior to custodian's staff commencing such research and retrieval. Fees to be set by Board Resolution to recover full cost 8. District Attorney fee schedule (mailing fees may be added) For all research and retrieval of public records requested pursuant to the Colorado Open Records Act and to the Colorado Criminal Justice Records Act: The actual cost up to $30.00 per hour of time spent by custodian's staff performing such research and retrieval; however, first hour of time spent is free and custodian must be paid the estimated cost prior to custodian's staff commencing such research and retrieval. 4520881 Pages: 3 of 8 4530565 Pages: 3 of 8 09/05/2019 03:39 PM R Fee:$0.00 10/08/2010 02:47 PM R Fee;$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO Carly Koppes, Clerk and Recorder, Weld County, CO PAPAllIII KO Welfig Ill III ill' Erg!PIMI:IV N ; ii # YU II 111 PAGE 3 2019-3787 ORD2019-15 For the copying of public documents, if feasible, and where the fee for such copying is not otherwise specified by statute: 9. Planning and building inspection materials 10. Assignment of oil and gas lease 11. Pretrial release supervision fee 12. Returned checks 13. Special transport permit fee 14. Drilling rig permit fee 15. Motor vehicle identification number inspections: Certified inspections Noncertified inspections 16. Special district service plan filing fee (Section 32-1-202(3), C.R.S.) Amended special district service plan filing fee (Section 32-1-207, C.R.S.) 17. Copying audiotape of public safety telephone and radio voice recordings 4520881 Pages: 4 of 8 09/05/2019 03:39 PM R Faa:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO VIII I �. FJ ILr�Ir4 ICI Elk, l�l����,� .U141114 till $0.25 per page, or actual cost Fee shall be actual cost of items plus handling and postage when mailed $100.00 per lease, per assignment $20.00 per defendant $20.00 per check $20.00 $1,000.00 per move $20.00 $12.00 $500.00 $250,00 Fee of $45.00 per hour of recording time. If recording time exceeds one hour, copies shall be at a rate to fully recover the cost of the staff time required and CD costs incurred to copy the CD as determined by the department head. PAGE 4 Minimum fee $45.00 4530565 Pages: 4 of 8 10/0@/2019 02:47 PM R Fee:$0,00 Carly Koppes, Clark and Recorder, Weld County, CO uIII WAIN fig Iii II III 2019-3787 ORD2019-15 18. Sheriffs fees —copies of reports and/or other documents maintained by Criminal Justice Records: VALE Surcharge Report retrieval fee (to copy or to view) Copy fee (first 2 pages free) Mail request: (first 2 pages) (additional pages) From archived medium (NO CHARGE TO VICTIMS) Faxed copies 19.Co-pay for inmate medical services: 20.Requests for clearance or immigration letters: letter will include arrest records for all RMS contract agencies: In -person requests (self) Mail requests Second party request or requests requiring dispositions Second party request by mail or requests requiring dispositions 21. Requests for broad computerized searches by name or location: $10.00 $3.00 $0.25 per page, or actual cost $3.50 $0.50 per page $1.00 per page Additional $1.00 per page $10.00 per clinic visit $10.00 per prescription filled/refilled $7.00 $7.50 $12.00 $12.50 $7.50 per 15 minutes of search time, so as not to exceed $30.00 per hour 4°520881 Pages: 5 of 8 4530585 Pages: 5 of 8 09/06/2019 03:39 PM R Fee:$0.00 10108/2019 02:47 PM R Fee:$0.00 Carly Kaupes, Clerk and Recorder, Weld bounty, CO Carly Koppes, Clerk and Recorder, Wald County CO Mg g IVA:WAIN 11111 KAILPAP MAUI I1 III 1I Ill PAGE 5 2019-3787 ORD2019-15 Additional fee if programming is required: $60.00 minimum and $60.00 each subsequent hour 22. Assessor/Treasurer items: Aerial maps Printouts (copies) Reports Rebilling delinquent accounts 23. Sheriff bond processing fee 24. Mug shot photo processing fee 25. CCW application 26. Notary service 27. Independent fee calculation study administrative cost fee 28. Civil processing 4520681 Pages: 6 of 8 09/03/2D19 03:39 PM R Fee:$0,00 Carly Koppee, Clark and Reoorder, Weld County, CO 1111 IPJFIRIVI'llird Ill'ileliMiiiiIIIIIlib14 Bill $15.00 per map $0.25 per page, or actual cost $200.00 setup and $50.00 per hour $5.00 $10.00 per bond $10.00 per photo $100.00 (includes $52.50 for fingerprinting charge for CO and FBI clearance) $38.00 for renewal (includes $13.00 CO insta- check fee) $15.00 late fee $39.50 for CCW Name Change $15.00 to replace lost or stolen CCW No fee shall be charged by County staff $500.00 Mileage charges reflected in separate Resolution, which will be reviewed annually. 4330565 Pages: 6 of 6 10/08/2019 02:47 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO !III KIl l l:i+I'1KIA1 IAlliku ! ilM War IIIII PAGE 6 2019-3787 ORD2019-15 Mileage zones were created to introduce a flat rate and establish consistency in mileage rates from year to year. The mileage zone is based on the distance from the Weld County Sheriffs Office Law Administration Building to the Post Office based on Zip Code. The mileage fee will be charged based on the Zip Code of the mailing address of the Civil paperwork, and will only be charged once regardless of how many attempts are made or the miles actually driven. 29. Temporary assemblage permit issued by the Board of County Commissioners 30. Sex offender registration: erprinting and photo, per Section 16-22-108(6), C.R.S. 31. Committing and discharging prisoners in County jail 32. Justice Services work release fee 33. Sheriffs documentation of incarceration $100.00 per event $20.00 annually $30.00 $15.00 per day $3.00 for one page $0.50 per additional page registration $25.00 to register 35. Copies of records (via burning of CDs) 36. Reserved. 4930563 Pages: 7 of 8 10/08/2019 02:47 PM R Fee:$0.00 Carly Kappaa, Clerk and Recorder. Weld County, CO ■III IIrMPAIMANINAMI'rllttritll ili U III $25.00 to re -register Copies shall be at a rate not to exceed $30.00 per hour after the first hour, to recover the cost of the staff time required and CD costs incurred to copy the CD as determined by the department head. 4520881 Pages: 7 of 8 09/D5/2019 03:39 PM R Fee;$0.00 Carly Koppea, Clark and Hecordar, Weld County, CO 'JI hi:IviiLLi:I Li Bill PAGE 7 2019-3787 ORD2019-15 37. Staff time for applicants or constituents that propose novel uses or development that does not fit into established fee categories where staff will spend 4 or more hours of review, oversight or assistance. 38. Coroner fee schedule; 39. Chapter 21 — 1041 Oil and Gas WOGLA Permit 40. Chapter 21 — 1041 Oil and Gas WOGLA Permit (facility only, no wells) 41. Location Assessment for Pipelines (LAP) Pipelines less than 25 miles in length Pipelines greater than 25 miles in length Pipelines that require BOCC review 4530365 Pages: 8 of 8 10/08/2019 02:47 PM R Fee:$0.00 Carly Koppe®, Clark and Recorder, Weld County, CO The hourly rate shall be calculated on a full cost recovery basis of the County's costs for the staff positions involved in the assistance. The full cost I recovery rate shall be determined by the Director of Finance and Administration and shall include salary, fringe benefits, support costs (services and supplies) and indirect costs calculated in accordance with the County -wide cost allocation plan per Federal OMB -87 methodologies. Constituents shall deposit the estimated amount of the costs prior to assistance. The County will draw upon it based on the standard hourly rate for each staff providing the review, oversight or assistance. Consistent with Colorado Open Records Act and items #1, #2, and #6, of this Appendix D. $10,000 per permit $2,500 $1,000.00 $1,500.00 Additional $2,500.00 ILA) II III PAGE 8 2019-3787 ORD2019-15 EMERGENCY WELD COUNTY CODE ORDINANCE 2019-15 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, 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 the County of Weld, State of 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 Board of County Commissioners of Weld County, Colorado, created the Weld County Department of Oil and Gas Energy, on July 8, 2019, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein, specifically. 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 5 REVENUE AND FINANCE Appendix 5-D Weld County Government Fees — ATTACHED BE IT FURTHER ORDAINED by the Board that an emergency exists inasmuch as the Board of County Commissioners of Weld County, Colorado, created the Weld County Department of Oil and Gas Energy, on July 8, 2019, necessitating certain permit fees to be reflected in Appendix 5-D, which were approved on an emergency basis and effective August 5, 2019. BE IT FURTHER ORDAINED by the Board that said fees need further revision for the proper assessment of fees on incoming permit applications, therefore, this Ordinance is declared to be an Emergency Ordinance under the provisions of Section 3-14(6) of the Weld County Home Rule Charter. PAGE 1 2019-3787 ORD2019-15 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. The above and foregoing Ordinance Number 2019-15 was, on motion duly made and seconded, adopted by the following vote on the 21st day of August, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Barbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman, Pro -Tern BY: Deputy Clerk to the Board Sean P. Conway APPROVED AS TO FORM: Scott K. James County Attorney EXCUSED Steve Moreno Date of signature: Read and Approved: August 21, 2019 Published: August 28, 2019, in the Greeley Tribune Effective: August 21, 2019 PAGE 2 2019-3787 ORD2019-15 APPENDIX 5-D - WELD COUNTY GOVERNMENT FEES Service Provided Fee Established 1. For the copying of public documents where the fee for such copying is not otherwise specified by statute $0.25 per copy, or actual cost 2. For the copying of public documents via laser jet printer, if feasible, and where the fee for such copying is not otherwise specified by statute $0.25 per page, or actual cost 3. Copy of the Home Rule Charter 4. For Weld County road maps $5.00 + $3.00 postage if mailed By size, as determined by Geographical Information Services Department 5. For the taking of fingerprints by the Weld County Sheriffs Office 6. For all research and retrieval of public records requested pursuant to the Colorado Open Records Act 7. Weed spraying: truck and labor $10.00 per person (limit of 2 cards) .The actual cost up to $30.00 per hour of time spent by custodian's staff performing such research and retrieval; however, first hour of time spent is free and custodian must be paid the estimated cost prior to custodian's staff commencing such research and retrieval. Fees to be set by Board Resolution to recover full cost 8. District Attorney fee schedule (mailing fees may be added): For all research and retrieval of public records requested pursuant to the Colorado Open Records Act and to the Colorado Criminal Justice Records Act: The actual cost up to $30.00 per hour of time spent by custodian's staff performing such research and retrieval; however, first hour of time spent is free and custodian must be paid the estimated cost prior to custodian's staff commencing such research and retrieval. PAGE 3 2019-3787 ORD2019-15 For the copying of public documents, if feasible, and where the fee for such copying is not otherwise specified by statute: $0.25 per page, or actual cost 9. Planning and building inspection materials Fee shall be actual cost of items plus handling and postage when mailed 10. Assignment of oil and gas lease i $100.00 per lease, per assignment 11. Pretrial release supervision fee 12. Returned checks 13. Special transport permit fee 14. Drilling rig permit fee $20.00 per defendant $20.00 per check $20.00 $1,000.00 per move 15. Motor vehicle identification number inspections: Certified inspections $20.00 Noncertified inspections 16. Special district service plan filing fee (Section 32-1-202(3), C.R.S.) $12.00 $500.00 Amended special district service plan filing fee (Section 32-1-207, C.R.S.) $250.00 17. Copying audiotape of public safety telephone and radio voice recordings Fee of $45.00 per hour of recording time. If recording time exceeds one hour, copies shall be at a rate to fully recover the cost of the staff time required and CD costs incurred to copy the CD as determined by the department head. Minimum fee $45.00 PAGE 4 2019-3787 ORD2019-15 18. Sheriffs fees —copies of reports and/or other documents maintained by Criminal Justice Records: VALE Surcharge $10.00 Report retrieval fee (to copy or to view) $3.00 Copy fee (first 2 pages free) $0.25 per page, or actual cost Mail request: (first 2 pages) (additional pages) From archived medium (NO CHARGE TO VICTIMS) Faxed copies $3.50 $0.50 per page $1.00 per page Additional $1.00 per page 19.Co-pay for inmate medical services: $10.00 per clinic visit 20.Requests for clearance or immigration letters: letter will include arrest records for all RMS contract agencies: Tin -person requests (self) Mail requests $10.00 per prescription filled/refilled $7.00 $7.50 Second party request or requests requiring dispositions Second party request by mail or requests requiring dispositions 21. Requests for broad computerized searches by name or location: $12.00 $12.50 $7.50 per 15 minutes of search time, so as not to exceed $30.00 per hour PAGE 5 2019-3787 ORD2019-15 Additional fee if programming is required: 22. Assessor/Treasurer items: $60.00 minimum and $60.00 each subsequent hour Aerial maps $15.00 per map Printouts (copies) Reports $0.25 per page, or actual cost $200.00 setup and $50.00 per hour Rebilling delinquent accounts 23. Sheriff bond processing fee $5.00 $10.00 per bond 24. Mug shot photo processing fee 25. CCW application $10.00 per photo $100.00 (includes $52.50 for fingerprinting charge for CO and FBI clearance) $38.00 for renewal (includes $13.00 CO insta- check fee) $15.00 late fee $39.50 for CCW Name Change $15.00 to replace lost or stolen CCW 26. Notary service No fee shall be charged by County staff 27. Independent fee calculation study administrative cost fee 28. Civil processing $500.00 Mileage charges reflected in separate Resolution, which will be reviewed annually. PAGE 6 2019-3787 ORD2019-15 Mileage zones were created to introduce a flat rate and establish consistency in mileage rates from year to year. The mileage zone is based on the Idistance from the Weld County Sheriff's Office Law Administration Building to the Post Office based on Zip Code. The mileage fee will be charged based on the Zip Code of the mailing address of the Civil paperwork, and will only be charged once regardless of how many attempts are made or the miles actually driven. 29. Temporary assemblage permit issued by the Board of County Commissioners 3 Sex offender registration: $100.00 per event Annual fee for fingerprinting and photo, per Section 16-22-108(6), C.R.S. 31. Committing and discharging prisoners in County jail 32. Justice Services work release fee 33. Sheriffs documentation of incarceration 34. Sex offender registration $3.00 for one page $20.00 annually $0.50 per additional page $25.00 to register $25.00 to re -register 35. Copies of records (via burning of CDs) 36. Reserved. Copies shall be at a rate not to exceed $30.00 per hour after the first hour, to recover the cost of the staff time required and CD costs incurred to copy the CD as determined by the department head. PAGE 7 2019-3787 ORD2019-15 37. Staff time for applicants or constituents that propose novel uses or development that does not fit into established fee categories where staff will spend 4 or more hours of review, oversight or assistance. r V The hourly rate shall be calculated on a full cost recovery basis of the County's costs for the staff positions involved in the assistance. The full cost recovery rate shall be determined by the Director of Finance and Administration and shall include salary, fringe benefits, support costs (services and supplies) and indirect costs calculated in accordance with the County -wide cost allocation plan per Federal OMB -87 methodologies. Constituents shall deposit the estimated amount of the costs prior to assistance. The County will draw upon it based on the standard hourly rate for each staff providing the review, oversight or assistance. 38. Coroner fee schedule: Consistent with Colorado Open Records Act and items #1, #2, and #6, of this Appendix D. 39. Chapter 21 — 1041 Oil and Gas WOGLA Permit with no well 40. Chapter 21 — 1041 Oil and Gas WOGLA Permit per well(facility only, no wells) $2,50010,000 per permit $1,0002,500 per well j 41. Location Assessment for Pipelines (LAP) Pipelines less than 25 miles in length Pipelines greater than 25 miles in I length Pipelines that require BOCC review $1,000.00 $1,500.00 Additional $2,500.00 PAGE 8 2019-3787 ORD2019-15 Hello