HomeMy WebLinkAbout20170593.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 27, 2017
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Administration
Building, Greeley, Colorado, February 27, 2017, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were
present, constituting a quorum of the members thereof:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer - EXCUSED
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
• MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County
Commissioners meeting of February 22, 2017, as printed. Commissioner Freeman seconded the motion,
and it carried unanimously.
• CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of
Hearings conducted on February 22, 2017, as follows: 1) USR16-0044 - Cannon Land Company, c/o
Crestone Peak Resources, 2) USR16-0043 - William and Rackel Ward, and 3) USR16-0042 - Alvin
Dechant Jr., and David Dechant, c/o NBL Midstream Holdings, LLC. Commissioner Moreno seconded
the motion, which carried unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
• PUBLIC INPUT: Ron Bateman, Chief from Johnstown and Milliken, submitted the plan for the
Commissioners' review which is attached as Exhibit A, to merge and form the Front Range Fire Rescue
Authority.
BIDS:
O3/O-7 /(DI ^1
Minutes, February 27, 2017
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El 1) APPROVE BID #B1700040, SOUND SYSTEM (ISLAND GROVE) - DEPARTMENT OF
BUILDINGS AND GROUNDS: Trevor Jiricek, Director of General Services, presented the three (3) bids
received and stated staff recommends awarding the bid from National Speaker for the total amount of
$30,200.00. Commissioner Freeman moved to approve said bid. Seconded by Commissioner Moreno,
the motion carried unaimously.
• 2) APPROVE BID #61700041, CUSTODIAL SUPPLIES - DEPARTMENT OF BUILDINGS AND
GROUNDS: Mr. Jiricek requested to continue this matter to allow staff to review all the data.
Commissioner Freeman moved to continue said matter to March 6, 2017. The motion, which was
seconded by Commissioner Moreno, carried unanimously.
• 3) APPROVE BID #B1700049, UPS PREVENTATIVE MAINTENANCE AND REPAIR -
DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Jiricek presented the four (4) bids and stated staff
recommends awarding the bid to United Power and Battery. Commissioner Moreno moved to approve
said low bid. The motion was seconded by Commissioner Freeman, and it carried uniamously.
El 4) APPROVE BID #61700039, GEOTECHNICAL TESTING SERVICES - DEPARTMENT OF
PUBLIC WORKS: Mr. Jiricek presented the six (6) bids received and stated staff recommends awarding
the low bid from Terracon for the amount of $133,765.00. Commissioner Freeman moved to approve
said bid. Seconded by Commissioner Moreno, the motion carried unaimously.
• 5) APPROVE BID #B1700050, SIGN MATERIALS - DEPARTMENT OF PUBLIC WORKS: Mr.
Jiricek presented the nine (9) bids received bids and recommended awarding the bids of the various
vendors as stated on the memo from staff. Commissioner Moreno moved to approve said bid as
recommended by staff. The motion, which was seconded by Commissioner Freeman, carried
unanimously.
• 6) PRESENT BID #B1700036, VOCATIONAL ASSESSMENTS AND COUNSELING -
DEPARTMENT OF HUMAN SERVICES: Mr. Jiricek presented the two (2) bids received and stated staff
will bring back a recommendation on March 13, 2017.
NEW BUSINESS:
• 1) CONSIDER SIX (6) MEMORANDUMS OF UNDERSTANDING FOR SENIOR NUTRITION
PROGRAM AND AUTHORIZE CHAIR TO SIGN - VARIOUS PROVIDERS: Judy Griego, Director of the
Department of Human Services, reviewed the terms of the non -financial agreements which will provide
nutrition services and a congregate meal site to Weld County senior citizens and other eligible individuals.
Commissioner Freeman moved to approve said memorandums of understanding and authorize the Chair
to sign. The motion was seconded by Commissioner Moreno, and it carried unanimously.
El 2) CONSIDER CONTRACT ID #1042 AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR
TO SIGN - GREELEY TRANSITIONAL HOUSE: Ms. Griego presented the agreement which will
reimburse the entity for providing shelter to individuals who are homeless. Commissioner Moreno moved
to approve said agreement and authorize the Chair to sign. The motion, which was seconded by
Commissioner Freeman, carried unanimously.
• 3) CONSIDER REVISIONS TO OPERATIONS MANUAL SECTION 2.000, HUMAN SERVICES
DIVISION POLICIES AND PROCEDURES: Ms. Griego stated the revisions to the policies and
procedures for the Child Welfare staff provides guidance for out -of -home placement, A Needs Based
Care Rate Table, case services payments, and a variety of other adoption paperwork processes.
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Commissioner Freeman moved to approve said revisions to the operations manual. The motion was
seconded by Commissioner Moreno, and it carried uniamously.
4) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - BLACK DIAMOND
ENERGY SERVICES, INC: Brenda Dones, Assessor's Office, presented the petition for abatement for
personal property which had been listed as the wrong parcel. Actual and assessed values are the same,
but the tax value changed. No public testimony was offered concerning this matter. Commissioner
Freeman moved to approve said Petition for Abatement. Seconded by Commissioner Moreno, the
motion carried unanimously.
• 5) CONSIDER APPLICATION FOR VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE)
GRANT FOR VICTIM WITNESS ASSISTANCE UNIT AND AUTHORIZE CHAIR TO SIGN: JoAnn
Holden, District Attorney's Office, presented the terms of the application to provide funds for the Victim
Witness Assistance Unit. Commissioner Moreno moved to approve said application and authorize the
Chair to sign. Seconded by Commissioner Freeman, the motion carried unaimously.
• 6) CONSIDER MEMORANDUM OF UNDERSTANDING CONCERNING USE OF WELD COUNTY
MISSILE SILO PARK AND AUTHORIZE CHAIR TO SIGN — KAREN PARTAK MEILLIER: Toby Taylor,
Director of Buildings and Grounds, reviewed the details for the agreement which will allow a student to
have use of the missile silo site to assist with her college project. Commissioner Moreno moved to
approve said memorandum of understanding and authorize the Chair to sign. The motion was seconded
by Commissioner Freeman, and it carried uniamously.
S 7) CONSIDER REGIONAL COMMUNICATIONS USER AGREEMENT AND AUTHORIZE CHAIR
TO SIGN — TOWN OF FREDERICK: Mike Wallace, Director of Public Safety Communications, presented
the agreement which will provide dispatch and radio services to the Town of Frederick. Commissioner
Freeman moved to approve said agreement and authorize the Chair to sign. The motion, which was
seconded by Commissioner Moreno, carried unanimously.
• 8) CONSIDER REGIONAL COMMUNICATIONS USER AGREEMENT AND AUTHORIZE CHAIR
TO SIGN - TOWN OF DACONO: Mr. Wallace reviewed the terms of the agreement which will provide
dispatch and radio services to the Town of Dacono. Commissioner Moreno moved to approve said
agreement and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and
it carried uniamously.
• 9) CONSIDER REGIONAL COMMUNICATIONS USER AGREEMENT AND AUTHORIZE CHAIR
TO SIGN - TOWN OF GILCREST: Mr. Wallace presented the agreement which will provide dispatch
and radio services to the Town of Gilcrest. Commissioner Freeman moved to approve said agreement
and authorize the Chair to sign. The motion, which was seconded by Commissioner Moreno, carried
unanimously. In response to Commissioner Freeman, Mr. Wallace explained they need to finalize the
Town of Johnstown's agreement for police dispatching services. Commissioner Moreno thanked
Mr. Wallace for his collaboration and work with the towns on getting the agreements in place.
• 10) CONSIDER SETTLEMENT AGREEMENT AND RELEASE AND AUTHORIZE CHAIR TO SIGN
- FLATIRON CONSTRUCTORS: Bruce Barker, County Attorney, presented the agreement for payment
of the work that was completed by Flatiron Constructors prior to the dispute, and stated there was an
additional amount being requested for a bridge project that was damaged by high water. Subsequently,
there was a dispute to determine whether the risk was foreseeable or not ans who bore that risk, and it
was decided to split it 50/50 with Flatiron Constructors. Commissioner Freeman moved to approve said
Minutes, February 27, 2017
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settlement and release and authorize the Chair to sign. The motion was seconded by Commissioner
Moreno, and it carried unanimously.
El 11) CONSIDER TEMPORARY CLOSURE OF CR 13 BETWEEN CRS 36 AND 38: Janet Lundquist,
Department of Public Works, presented the closure effective March 6, 2017, through March 24, 2017, to
replace three (3) culverts and staff will be using standard road sign and barricades and message boards
in advance of the closure. Commissioner Moreno moved to approve said closure. The motion was
seconded by Commissioner Freeman, and it carried uniamously. Commissioner Cozad stated County
Road 13 is a heavily travelled road and questioned how far people would have to detour. Ms. Lundquist
estimated a one -mile detour.
En 12) CONSIDER TEMPORARY CLOSURE OF CR 76 BETWEEN CRS 31 AND 33: Ms. Lundquist
reviewed the closure effective March 13, 2017, through March 31, 2017, for a bridge re -deck and stated
staff will use standard road signs, barricades, and message boards. Commissioner Moreno moved to
approve said closure. The motion, which was seconded by Commissioner Freeman, carried unanimously.
13) CONSIDER TEMPORARY CLOSURE OF CR 47 BETWEEN STATE HIGHWAY 34 AND
CR 54: Ms. Lundquist requested a closure effective March 20, 2017, through March 24, 2017, for the
replacement of two (2) culverts, and stated staff will use magnesium chloride on the gravel detour routes
and standard road signs, barricades, and message boards. Commissioner Freeman moved to approve
said closure. Commissioner Moreno seconded the motion, and it carried unanimously.
El 14) CONSIDER TEMPORARY CLOSURE OF CR 58 BETWEEN CRS 49 PARKWAY AND 49.5:
Ms. Lundquist presented the details of the closure effective March 27, 2017, through March 31, 2017, for
an irrigation culvert replacement. Commissioner Moreno moved to approve said closure. Seconded by
Commissioner Freeman, the motion carried unaimously. In response to Commissioner Moreno,
Ms. Lundquist explained that staff isn't behind on any construction projects with the mild weather this
winter.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
Minutes, February 27, 2017
Page 4
2017-0593
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There being no further business, this meeting was adjourned at 9:29 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: di jc40;41
Weld County Clerk to the Board
BY:(" a., •
D ptfly Clerk to the Board
Jule 9,. Cozad, Chair
Steve Moreno, Pro -Tern
71/49 -1 -e -1...e7" --
EXCUSED
Sean P. Conway
1
ike Freeman
EXCUSED
Barbara Kirkmeyer
Minutes, February 27, 2017
Page 5
2017-0593
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INTERGOVERNMENTAL SERVICES
AND PRE-INCLUSION/DISSOLUTION AGREEMENT
THIS INTERGOVERNMENTAL SERVICES AND PRE-INCLUSION/DISSOLUTION
AGREEMENT (the "Agreement") is entered into by and between the Johnstown Fire Protection
District ("Johnstown"), a Title 32 special district and political subdivision of the State of
Colorado; the Milliken Fire Protection District ("Milliken"), a Title 32 special district and political
subdivision of the State of Colorado (individually, a "District" and collectively, the "Districts")
and the Front Range Fire Rescue Authority ("Authority"), a Title 29 political subdivision and
public corporation of the State of Colorado (all three collectively, the "Parties").
RECITALS
WHEREAS, the Districts are both fire protection districts organized and operating pursuant to
Title 32 of the Colorado Revised Statutes ("Title 32"); and
WHEREAS, pursuant to the authority granted under Title 32, the Districts carry out fire
prevention and suppression activities, emergency medical and rescue services, fire code
enforcement, hazardous material responses and other activities permitted under Title 32; and
WHEREAS, Article XIV, § 18(2)(a) of the Colorado Constitution and § 29-1-203, C.R.S. permit
and encourage political subdivisions of the state to make efficient and effective use of their
powers and responsibilities by cooperating and contracting with each other; and
WHEREAS, the Districts, being located adjacent to one another, and pursuant to Article XIV, §
18(2)(a) of the Colorado Constitution and § 29-1-201, C.R.S. and following, have developed a
collaborative working relationship to more efficiently and effectively carry out their individual
responsibilities under Title 32 and have previously entered into the following agreements:
• Shared Services Intergovernmental Agreement for Fire Chief entered June 14, 2011 and
amended December, 2011
• Shared Services Intergovernmental Agreement for Operations, Support and Training
Officers entered on January 1, 2014
• Intergovernmental Agreement Establishing Front Range Fire Rescue Authority entered
into on November 5, 2014 ("Authority Agreement");
• Amendment to Intergovernmental Agreement Establishing Front Range Fire Rescue
Authority entered on February 8, 2017 ("Amended Authority Agreement"); and
WHEREAS, the recommendation of the Authority Board of Directors and agreement of both the
Johnstown and Milliken Boards of Directors is that the Districts fully and finally combine all
assets, personnel, and functions into one combined entity, thereby providing the Districts with
additional resources that may result in improved advanced life support services and ultimately
reduce costs; and
WHEREAS, based upon their existing relationship, the Districts have determined that it is in the
best interest of the health, safety, and public welfare of their respective citizens to integrate the
Districts' services as provided in this Agreement, so that there is a merger into a single fire
protection district, regarding all aspects of their operations, administration, and services, as
permitted under Title 32; and
Page 1 of 7
WHEREAS, upon certification of a successful election to dissolve Milliken and include the
boundaries of Milliken into the boundaries of Johnstown, the Authority will dissolve pursuant to
the Amended Authority Agreement; and
WHEREAS, the primary purpose of this Agreement is to set forth the actions that will occur if
voters approve the Milliken Dissolution and Inclusion into Johnstown. It is the intent of this
Agreement to ensure that in the event of voter approval, the duties, functions, and liabilities of
Milliken and the Authority may be transferred to Johnstown in a manner that assures the
continuation of equivalent service and responsible administration and maintenance of facilities,
and whereby Milliken is dissolved, as defined under Colorado law, and the area within its
boundaries is included, as defined under Colorado law, within the boundaries of Johnstown.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
expressed, it is agreed by and between the Parties hereto as follows:
AGREEMENT
1. EFFECTIVE DATE. The Parties have determined that this Agreement, along with all of
its terms and conditions, shall go into effect immediately as of March 8, 2017.
2. CONTINGENCY. To the extent the effectuation of obligation or duty set forth in this
Agreement requires further approval through judicial or electoral processes, or other future
action by the Parties through their respective Boards of Directors, under the provisions of Parts
4 and 7, Article 1, of Title 32, C.R.S., it is contingent upon obtaining such approvals.
3. PRE-DISSOLUTION/INCLUSION ACTIVITIES.
3.1. Administration.
3.1.1. Name Change. It is Johnstown's intent to change the name of the District
to Front Range Fire Rescue. All references to Johnstown throughout this
Agreement shall apply to Front Range Fire Rescue upon judicial approval of the
name change. In addition, upon judicial approval of the name change,
Johnstown shall take all necessary steps to inform relevant parties of the name
change.
3.1.2. Inclusion. As soon as is reasonably practical following execution of this
Agreement by the Parties, the Board of Directors of Johnstown shall adopt a
resolution and present an order ("Petition") to the Weld County District Court for
inclusion of all of the property within the boundaries of Milliken into Johnstown
pursuant to Part 4, Article 1, Title 32, C.R.S., calling for an election of the eligible
electors of Milliken on or about November 7, 2017, on the question of such
inclusion (hereinafter this process carried to its completion shall be referred to as
"Inclusion").
3.1.3. Dissolution. As soon as is reasonably practical following execution of this
Agreement by both Parties, the Board of Directors of Milliken shall petition and
request an order from the Weld County District Court under Part 7 of Article 1 of
Title 32, C.R.S, requiring a public hearing and requesting an election of eligible
electors of Milliken on or about November 7, 2017, on the question of dissolving
Milliken effective as soon as such dissolution is ordered but no later than January
Page 2 of 7
1, 2018 provided, however, that Milliken is included into Johnstown at the same
election (hereinafter this process carried to its completion shall be referred to as
"Dissolution").
3.1.4. Documentation and Prosecution. Except as otherwise provided herein,
Milliken, shall produce the documentation necessary or desirable in the opinion
of Milliken for the Dissolution, including agreements, resolutions, notices, election
materials (except to the extent prepared by the Clerk and Recorder), and
property transfer documents and shall be principally responsible for prosecution
of the Dissolution.
Milliken shall also produce the documentation necessary or desirable in the
opinion of Johnstown for the Inclusion. Where necessary, Milliken shall execute
such documents, provide such authorization and take such action as will further
assist the efforts of Johnstown in its prosecution of the Inclusion procedures
contemplated hereby.
3.1.5. Access to Records. Milliken and the Authority shall provide to Johnstown
unlimited access to records, including but not limited to, all accounting records
maintained either by Milliken, the Authority, or any of its consultants. Where
necessary, Milliken and the Authority, or appropriate representatives connected
therewith, shall execute such documents, provide such authorizations, and take
such actions as are required to allow the full and unrestricted access
contemplated by this section. Any records required by the Milliken Board of
Directors for consideration of any of the components of this Agreement shall
likewise be timely provided to Milliken by Johnstown or the Authority.
3.1.6. Costs. The Authority will pay all costs of the Inclusion/Dissolution
process. The Boards of Directors of the Parties shall adopt a joint Resolution
calling the election(s) and designating one Designated Election Official to
prosecute the election(s). Such Resolution will establish both the responsibilities
for tasks and allocation of costs and expenses therefore, including legal fees and
expenses.
3.1.7. Time Table. The Parties agree to the extent practicable to jointly
complete tasks as needed, to reach the time limitations of completing the
purpose of this Agreement, as described more fully in the Matrix, attached hereto
as Exhibit A and incorporated herein by reference.
4. DISPOSITION OF ASSETS. Following certification of a successful Inclusion/Dissolution
Election, but prior to January 31, 2018, Milliken and the Authority will transfer and convey to
Johnstown, via bill of sale, all of its rights, title, and interest in assets or property owned by
Milliken and the Authority.
4.1 Real Property. Milliken and the Authority will execute and deliver to Johnstown a
Quit Claim deed conveying all of each entity's right, title and interest in and to any real
property owned by Milliken and the Authority, including but not limited to all real property
owned in fee and all easements. All such real property shall be conveyed free and clear
of liens, but without any warranty whatsoever as to title.
4.2 Motor Vehicles, Equipment, Furnishings and Tools. Milliken and the Authority
Page 3 of 7
agree to execute documents of title and bills of sale to Johnstown for all tangible
personal property owned by Milliken and the Authority, including but not limited to all
motor vehicles, equipment, furnishings and tools. If any such property is subject to a
lease -purchase agreement, Milliken and the Authority shall take the necessary steps to
gain the lessor's permission to assign the lease -purchase agreement(s) to Johnstown or
to pay off the lease -purchase agreement(s) in full and transfer clear title to Johnstown
prior to January 31, 2018.
4.3 Funds. A portion of the cash which Milliken and the Authority anticipate will be
on hand as of the date of the entry of an Order of Dissolution will be necessary to pay
each entity's then current liabilities. Upon entry of an Order of Dissolution, Milliken and
the Authority shall set aside and pay all of its then current liabilities, including but not
limited to all costs incurred in connection with the District's Dissolution, such as, but not
limited to the funds for a final audit, the purchase of tail insurance coverage, final director
fees, and election and legal expenses, but excluding the Milliken 2012 Bond, which will
expire in 2024 ("2024 Bond") and costs related to the Milliken Directors who remain in
office to discharge the 2024 Bond. All remaining funds, if any, of Milliken and the
Authority on the effective date of Dissolution not otherwise set aside and expended for
payment of current liabilities, will be delivered to Johnstown to be used as hereinafter
provided.
5. FINANCIAL PLAN. In accordance with the provisions of § 32-1-702(3)(c), C.R.S.,
following certification of a successful Inclusion/Dissolution Election, but prior to January 31,
2018, the Parties agree to implement the following financial plan encompassing: (i) Johnstown's
assumption of non -multiple fiscal year financial obligations and contractual obligations of
Milliken and the Authority that are not terminated as of the date of Milliken's Dissolution, and (ii)
Johnstown's assumption of financial responsibility for the continuation of fire services within
Milliken's territorial boundaries.
5.1 Legal Proceedings. Johnstown will enter its appearance and substitute itself as a
party in all legal proceedings to which Milliken and the Authority are currently a party.
5.2 Liabilities. Johnstown will assume all of the liabilities of Milliken and the
Authority that do not constitute a multi -year financial obligation under Article X, Sec. 20
of the Colorado Constitution.
5.3 Employee Retirement PlanNolunteer Pension.
5.3.1 Paid Employee Retirement/Pension. Milliken and Johnstown shall take
all necessary steps for allocation and transfer of Milliken plan assets pursuant to
§ 31-31-401(3), C.R.S.
5.3.2. Volunteer Pension. Milliken will transfer all fund assets of the Milliken
Volunteer Pension Fund to Johnstown pursuant to § 31-30-1130; provided,
however, that the Milliken pension fund assets shall remain separate and shall
not be commingled with any other volunteer pension funds under the general
financial control of Johnstown. The new Pension Board of Trustees will consist
of the Board of Directors established in section 6 and the addition of one elected
volunteer from the former Milliken District and one elected volunteer from the
former Johnstown District.
Page 4 of 7
5.4 Employee Insurance. In addition to the foregoing, Johnstown shall administer,
for the benefit of the employees of Milliken and the Authority, to the extent required by
law, all Milliken and Authority health and insurance benefits, including but not limited to
each individual employee's COBRA rights and benefits to which they may be entitled
following the effective date of the Dissolution Order.
5.5 Employees. All Milliken and Authority employees will become employees of
Johnstown subject to the current Rules and Regulations of the Authority.
5.6 Milliken Bonded Indebtedness. Milliken's 2024 Bond remains an ongoing
obligation to those taxpaying electors who approved the 2012 Bond. The 2024 Bond is
paid for through proceeds of a floating mill levy on the property within the Milliken Bond
2024 taxing jurisdiction. Pursuant to § 31-30-702(3)(c), C.R.S., Milliken will continue in
existence to such extent as is necessary to adequately provide for the payment of the
outstanding 2024 Bond. Milliken shall designate the Directors who will remain in office
for purposes of certifying the mill levy for payment of the 2024 Bond. These Directors
will not be subject to election and any vacancies will be filled by appointment by the
court.
5.7 Services. Johnstown shall provide service to the included Milliken service area
pursuant to this Agreement and the Authority Agreement, as amended. Such service
will be based on the asset and property transfers contained in this Agreement and the
Authority Agreement, as amended, as well as the collection of an 11.483 mill levy on
property within the combined boundaries of the Districts.
6. BOARD OF DIRECTORS. Following certification of a successful Inclusion/Dissolution
Election, but prior to January 31, 2018, the Johnstown Board of Directors agrees that
two current Johnstown Directors will voluntarily resign, and that two Milliken Directors
will be appointed to serve out the term of the resigned Johnstown Directors. For every
election year following, each Director shall be selected at -large to fill the five (5) member
Board.
7. TERMINATION. If a certification of a successful Inclusion/Dissolution Election is
ordered by the court in December 2017, this Agreement shall terminate on January 31,
2018. In the event either the Dissolution of Milliken or the Inclusion of Milliken's territory
into Johnstown is not approved by the voters, for any reason, or if for any reason the
District Court does not enter an Order dissolving Milliken and including all of its territory
within Johnstown, this Agreement shall remain in effect for purposes of submitting the
same issue to voters in May 2018; provided, however, that during any period in which
Inclusion/Dissolution has not been approved, the Districts and Authority will continue to
operate pursuant to the Authority Agreement, as amended. If this Agreement continues
in effect for purposes of submitting the Inclusion/Dissolution question to the voters in
May 2018, the Parties shall amend this Agreement accordingly.
8. MISCELLANEOUS PROVISIONS. This Agreement shall be subject to the following
miscellaneous provisions.
8.1. Notices. Any notice required hereunder shall be in writing and shall be sufficient
if deposited in the United States mail, postage prepaid to:
Johnstown:
Milliken:
Page 5 of 7
Authority:
Johnstown Fire
Protection District
Attn: Board President
P.O. Box 130
Milliken, CO 80543
Milliken Fire
Protection District
Attn: Board President
P.O. Box 130
Milliken, CO 80543
Front Range Fire Rescue
Authority
Attn: Board President
P.O. Box 130
Milliken, CO 80543
8.2. Consent. Whenever any provision of this Agreement requires consent or
approval of the Parties, the same shall not be unreasonably withheld.
8.3. Amendments. This Agreement may only be amended in writing, as required, by
the Parties in furtherance of the purposes of this Agreement.
8.4. Severability. In the event any provision of this Agreement is determined to be
illegal or invalid for any reason, all other provisions of this Agreement shall remain in full
force and effect unless and until otherwise determined. The illegality of any provision of
this Agreement shall in no way affect the legality and enforceability of any other
provision of the Agreement.
8.5. Successors. This Agreement shall be binding upon and shall inure to the benefit
of the successors of the Parties.
8.6. Assignment and Delegation. No party shall assign any of the rights or delegate
any of the duties created by this Agreement without the written consent of the Parties.
8.7. No Third Party Beneficiaries. This Agreement is made for the exclusive benefit
of the Parties hereto and shall not be construed to be an agreement for the benefit of
any third party or parties and no third party shall have a right of action hereunder for any
cause whatsoever.
8.8. Transfer Documentation. The Parties hereby agree to execute any and all
leases, conveyances, amendments and any other documents necessary to effectuate
the transfer of all assets and property.
[Intentionally Left Blank]
Page 6of7
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed on the date
hereinabove written.
MILLIKEN FIRE PROTECTION DISTRICT
By:
President
ATTEST:
Secretary
JOHNSTOWN FIRE PROTECTION DISTRICT
By:
President
ATTEST:
Secretary
FRONT RANGE FIRE RESCUE AUTHORITY
By:
President
ATTEST:
Secretary
Page 7of7
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Documents needed
IGA — Pre -Dissolution
agreement
Resolution Name Change
Letter notice of proposed
Name Change
Notice of Action — Name
Change
MFPD Resolutions adopting
IGA and Resolution w/ Notice
initiating inclusion election
JFPD Resolution adopting IGA
Letter notice to Milliken
property owners
Motion for Name Change and
Order
Attach publication affidavits
Notice of Public Hearing
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Joint meeting to review Intergovernmental
Services and Pre -Dissolution Agreement ("IGA")
Adopt Resolution for Name Change action
Letter notice to Board of County Commissioners
Weld and Larimer
Arrange for publication of Notice of Action on
Name Change and request Affidavit of Publication
Milliken considers adoption of IGA and adopts
Resolution Authorizing Action Toward Dissolution
Proceedings
Johnstown considers adoption of IGA, adopts
resolution initiating inclusion election and sets
public hearing for April 12.
Last day to mail letter notice of Johnstown's public
hearing on inclusion to every MFPD property
owner within the area proposed to be included
into Johnstown not more than 30 days (March 13)
nor less than 20 days (March 23) prior to the
public hearing.
File Motion for Name Change and proposed
order.
(Court may wait 21 days for response or
objection)
Publish notice of Johnstown's public hearing on
inclusion
Responsible
Party
C
O
Johnstown
Johnstown
C
-
•-
2
Johnstown
O
Cn
Johnstown
Johnstown
2017 Date
February 8
February 8
February 9
February 9
Publication
Date:
March 8
March 8
M
N
U
L
CD0.
2
(Around
March 30)
-45 days from
ublication
() L
Cl)
w
U
N
N
M
32-1-701(1)
32-1-401(2)(d)
32-1-701
32-1-703
32-1-704
32-1-703(3)
Documents needed
Resolution Initiating Inclusion
Election (Appoint DEO,
allocate election
responsibilities)
Petition and Plan for
Dissolution
Resolution for election, appoint
DEO, allocate costs
Motion for Inclusion Election,
proposed Order
Petition and Plan for
Dissolution, proposed Order,
appoint DEO and Request
hearing; Notice of Court
Hearing
JFPD Entry of Appearance
Notice of Court hearing
H
co
H
Johnstown conducts public hearing and finally
adopts Resolution Initiating Inclusion Election
Johnstown adopts Joint Resolution with Milliken
for conduct of inclusion/dissolution election, to
appoint local Designated Election Official and to
allocate costs and res onsibilities for the election.
Milliken considers approval of Petition and Plan
for Dissolution
Milliken adopts Joint Resolution with Johnstown
for conduct of inclusion/dissolution election, to
appoint Designated Election Official and to
allocate costs and res onsibilities for the election.
Johnstown to file Motion for Inclusion Election with
Weld County District Court, together with
proposed Order, requesting that the Court set the
coordinated election for November 7, 2017,
appoint a Designated Election Official and
approve the ballot question
Milliken to file Petition and Plan for Dissolution
with Weld County District Court, together with
proposed Order to appoint Designated Election
Official with authority to proceed with conduct of
November 7 dissolution election. Court schedules
hearing to be held within 50 days after the filing of
the etition
Johnstown files entry of appearance (in Milliken
file) with Court, as a party to the agreement for the
continuation of Milliken's services
Mail copy of Milliken's notice of court hearing to
the Boards of County Commissioners of Larimer
and Weld Counties
Responsible
Party
Johnstown
Y
Johnstown
Y
Johnstown
Y
2
2017 Date
April 12
April 12
April 17
r --
,--
T="
Q.
Q
April 18
When court
hearing
scheduled
ui
si
V
VO
32-1-703(1)
1-13.5-510(3)
,
N.
•-
1-13.5-511
•a-
a)
N.
i
r
1-7-902
1-7-903
1-7-906(2)
1-5-303(1) and
304
Documents needed
Notice of Court Hearing
Ballot issues and questions
Resolution setting same
Letter -Written notice of intent
Ballot certification
TABOR notice
TABOR notice
TABOR notice
Y
W
19
I-
Publish Notice of Court Hearing on Milliken's
Petition and Plan for Dissolution
Last day for Court to conduct hearing on Petition
and Plan for Dissolution. Court issues Order
setting dissolution election for November 7, 2017
and ratifying approval of election proceedings,
including certification of ballot question.
Boards consider ballot questions and adopt
resolution approving same.
Written notice of intent to take part in coordinated
election due to EACH County Clerk and Recorder
Last day for DEO to certify ballot content to
Larimer and Weld counties (no later than 60 days
before the election)
Pro/Con statements due to DEO Friday before
45th day prior for TABOR notice §1-7-901(4)
Provide financial inserts for TABOR notice
DEO prepares summary of pro/con comments for
Clerk & Recorders
TABOR notice mailed.
Clerk & Recorder mails TABOR notices to active
registered electors who are property owners living
within district boundaries.
DEO mails TABOR notices to active registered
electors who are property owners living outside of
the district boundaries.
Responsible
Party
0)
Y
—
2
t
7
o
O
Johnstown &
Milliken
Johnstown &
Milliken
Local DEO
Local DEO
Milliken
Local DEO
Clerk&
Recorders
Local DEO
2017 Date
When court
hearing
scheduled
June 1
+50 d from
filing of
Petition with
Court
June/July
July 28
August 5
September 22
September 26
October 6
vi
ti
C)
1-13.5-502
Documents needed
Notice of Election
JFPD Mtn for inclusion
MFPD Mtn for Dissolution
H
co
F -
Publish notice of election (no later than 20 days
before the election). Post notice in office of local
DEO. Mail or email copy of notice to Clerk and
Recorder of Larimer and Weld Counties
ELECTION DAY
Canvass Board meets to certify election results
File certified election results and Motion for Entry
of Inclusion Order with Weld County District Court
File certified election results and Motion for Entry
of Dissolution Order with Weld County District
Court
Certified copies of orders to be recorded in Weld
County Clerk & Recorder's office. Recorded
Orders to be filed with County Assessors.
Johnstown Board appoints two former Milliken
Directors to Johnstown Board pursuant to
Paragraph 6 of the Agreement.
Responsible
Party
Clerk &
Recorders
Local DEO
Clerk &
Recorders
DEO
Johnstown
c
Y
Johnstown &
Milliken
c
3
O
iii
C
c
.c
2017 Date
October 18
November 7
November 24
November 27
November 27
Upon Court
signing orders
After
dissolution of
Milliken and
following a
vacancy on
Johnstown
Board
Hello