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HomeMy WebLinkAboutAUG 1995 - AUG 1998Re'solu'''tion's For the Town','bf-.-�' Firestone r,' p F 7 95r-"IMDI.c.. 98=26 Aug. 10, 1995 - Aug. 27, 1998 i Resolutions 95-M D 1 - 98-2fi Aug. 109 1995 - Aug. 27, 1998 RESOLUTIONS 1995 95 - MD1 Finding Substantial Compliance - Dollaghan Annexation - Public Hearing A95-1 Substantial Compliance - Zadel Annexation - Public Hearing A95-2 Petition for Lawson Annexation - Finding Area Eligible for Annexation A95-3 Granting Special Use Permit - Gblf Course on Land Zoned R-1 A95-4 Petition for Gillespie Annexation- Public Hearing A95-5 Compliance of a petition for annexation known as the Dollaghan Annexation A95-6 Petition for Gillespie Annexation - Finding Area Eligible for Annexation A95-7 Substantial compliance of - Dollaghan Annexation - Public Hearing A95-8 Substantial compliance of -County Rd. Business Park Annex. - Public Hearing TOWN OF FIRESTONE, COLORADO RESOLUTION NO. A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE DOLLAGHAN ANNEXATION, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property described in Exhibit A, to be known as the Dollaghan Annexation, has been filed with. the Town Clerk of the Town of Firestone, Colorado and referred to the Board of Trustees of the Town of Firestone for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and for zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. BE IT RESOLVED BY THE BOARD OF 'TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, whose legal description is attached hereto as Exhibit A and incorporated herein by reference is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property if requested in the petition, at the Firestone Town Hall, 150 Buchanan Avenue, Firestone, Colorado 80520, on October 5, 1995 at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees will pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. ADOPTED this ro-tofflow day of Trudy Peterson, Town Clerk 082495/1000[lab]c:Fireston\DolIanx.res 2 1995. Rick Patterson, Mayor EXHIBIT A RESOLUTION NO. % LEGAL DESCRIPTION THAT PORTION OF SECTIONS 17 AND 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED,AS FOLLOWS: BEGINNING AT THE EAST ONE -QUARTER CORNER OF SAID SECTION 18; THENCE ALONG THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18 SOUTH`00°00'02" WEST 1321.77 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18; THENCE SOUTH 89°56'54" EAST 30.00 FEET; THENCE SOUTH 00'00'02" WEST 1291.86 FEET; THENCE NORTH 89°46'11" WEST 30.00 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18, WHENCE THE SOUTHEAST CORNER THEREOF BEARS SOUTH 00°00'02" WEST 30.00 FEET; THENCE NORTH 88046'05" WEST 30.00 FEET; THENCE ALONG THE EAST LINE OF THE LAWSON ANNEXATION TO FIRESTONE NORTH 00000'02" EAST 1291.68 FEET; THENCE NORTH 00°00'02" EAST 1321.69 FEET; THENCE PARALLEL WITH THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 18 NORTH 00°51' 27"" WEST 1201.50 FEET; THENCE SOUTH 89°04' 36" EAST 30.00 FEET; THENCE ALONG THE EAST LINE OF SAID NORTHEAST ONE - QUARTER SOUTH 00°51'27" EAST 1201.50 FEET TO THE POINT OF BEGINNING, CONTAINING 3.516 ACRES MORE OR LESS. LEGAL DESCRIPTION. THAT PORTM OF THE NORTHWEST ONE —QUARTER OF SECTION 0 AND THAT PORT10AI OF SECTION 7, TOWNSHP Z NORTH. RANGE 47 WCST OF THE SIXtH PM PAL MERIDWA. W10A COUNTY. COLOMOQ. AND WNC MORE PARTICULARLY MCRIBED AS FOLLOWS: COMIAENCINO AT THE EAST ONE -QUARTER CORMX OF SAID SECTION 7. Wf WE THE 9QUMEAST COR14M OF 3AID SECTION T' BEARS SOUTH 01'1300tf WEST Z1394,38 FEET: THENCE ALONG THE' EAST—wW CENTEf uNr or sm SECTION 7 KORTH W1713r wm 3o.00 vr--r TO TFIE POINT OF BECINiNINO; THENCE SOUTH 91.15'00r WEST 2666.35 FEET; THDa PARAJ.EL WrM AND 30.00 SM NORTH OF THE SOUTH UNE OR THE SOUMEW ONE -QUARTER OF SECTION; 7 MOM a9.1;'OS' WEST 2591.36 FW.* THFIICE PARAUML WfTH AND 30.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER NORfm BWZW41r wEST Zt3D,14 FEET TO A POW ON THE EiKswwy. RICHII-OF--WAY LINE OF THE UNION PACIFIC RAILROAD; TMNtCE ALONG 3W0 RIGHT-CF-TRAY LIK IM FOLLAMrrhiC SEWN COURSES AND DISTANCES: NOinM 0717'1(r EAST 597.52 FEET TO A POINT OF CtME TO THE R*fT; TH04CE ALONG THE ARC OF SA'0 CURVE (SAID CLI M W1YM A RADKIS OF '•. 3719.0 FW. A C04RAL ANGLE OF ZW48'00'. CHORD OF SAID ARC 90M NORTH 1g11'1(t EAST' 1912.98 FEET) A DISTANCE OF 1934.70 FEET; THENCE 10OW 1I 34►03' l (F EAST 233.20 FEET: THFJ'ICE ALONG THE EAST-WMT CENTERLINE OF SAM SECMNt 7. NORTH 4V11" 3f WEST 24A FEET; THENCE . NOMM 30 WI(r EAST 133Q 1d FEET. THENCE ALONG THE NORTH FINE 4F TM SOUTH ONE~ OF iNE NORTH IRA ONE-OUARTEA. SOUTH W13955 EAST 2D.07 FEET: THENCE K TH 3MW1C' EAST 1513.90 FEET TO A POW 30.00 FEET SOUTH OF THE NORTH UNE OF THE NORTKNEST 04F. •G' ARM OF SAID 3ECMM 7; THENCE LEAVING SND CAST RLY R[G"r-W WAY LJNE SOUTH WIWZW E03i 39.01 FEET TO A POINT ON THE NOMM-SOUTH C£MTIDWE OF SAID SECTION 7; 'THDIM PARAL,LEi W104 AND 30.00 KET SOUTH OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 7. SOUTH W24.44• EAST 2640.20 FEET TO A POINT ON THE EAST LINE OF SAID NQRTNEA3'T ONE-OWMER: TMIME SOUTH -,• WNW EAST 30.00 FEET. THENCE PARALLEL WITH SAID EAST LINE SOUTH 01'14'S3' WEST 1519.92 FEET.' THENCE NORTH 89"17'3S' WEST 90.00 FEET; THME SOUTH O1'14'3r WEST 1009.61 FEET TO THE POINT OF OMNNWNG. CONTAINING 421.765 ACRES MORE OR LESS. 20'd 1.C9T 66Z ME 'O'd '3n0Nbl T SH1IAA189 Tb:ST 9667-40-d3S 4• : 0'r £Q'd _Iu101 LEGAL DESCRIPTION: 0 THAT PORTION OF SECTIONS 7, S. 17 AN0 1 P 2_ -NORTH, RANGE 67 WESr OF Th E SIXT" PRINCIPAL (MERIDIAN, WELD COUNTY, COLORADD, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE FAST ONE -QUARTER CORNER OF SAID SECTION 16; THENCE ALONG THE EAST LINE OF THE NORTHEAST ONE -QUARTER Of! SAID SECTION 18 NORTH W51.27" WEST 1201.50 FEET; THENCE NORTH 89' 04'36' WEST 3dOO, FEET; THENCE NORTH Od'31'2T WEST 1438.56 FEET TO A POINT ON THE SOUTH LINE OF SAID S£CRON 7, THENCE PARALLEL WITH AND 30.00 FEET WEST OF THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 7 NORTH OVIV00" EAST 2698.55 FEET TO A POINT ON THE EAST -WEST CENTERLINE OF SAID SECTION 7; THENCE PARALLEL, WITH THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF 'SAID SECTION 7 NORTH .01'14'Sr EAST 1009.61 FEET; THENCE: SOUTH 89'17'35 EAsr 30.00 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 7, WHENCE THE NORTHEAST CORNER THEREOF BEAMS NORTH 01' 14'53' FAST 1649.77 FEET; THENCE CONTINUtNC SOUTH 8W 17'35' EAST 30.00 FEET; THENCE SOUTH 01'14'33' WEST 1009.47 FEET; THENCE SOUTH 89'34100' CAST' 20.00 FEET; THENCE SOUTH 0I'll S'0d" WEST 2698.10 FEET TO A POINT ON THE NORTH. LINE OF SAID SECTION 17; THENCE PARALLEL WITH AND 30.00 FEET EAST OF THE WEST 'LINE OF SAID SECTION 17 SOUTH OO'5112r EAST 2640.14 FEET; THENCE SOUTH 89rS2'49' WEST 1.00 FEET; THENCE SOUTH OO'OO'07' WEST 1321.92 FEET; THENCE NORTH 89r36'5e WEST - 49.00 FEET TO THE NORTHEAST CORNER OF T14E SOUTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18; THENCE NORTH 0700'02" EAST 1321.77 FEET TO ' THE . POINT OF BEGINNING, CONTAINING 11.854 ACRES MORE OR LESS. w €0 Id L29 i 852 ME ' O ' d ' 3f IONH1 'S SH11 dd 160 20 : 0 966 T-L0-d3s RESOLUTION NO. A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE ZADEL ANNEXATION, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property described in Exhibit A attached hereto and made a part hereof, to be known as the Zadel Annexation, has been filed with the Town Clerk of the Town of Firestone, Colorado and referred to the Board of Trustees of the Town of Firestone for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and for zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under 31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with 31-12-104, C.R.S. and with 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property if requested in the petition, at the Firestone Town Hall, 150 Buchanan Avenue, Firestone, Colorado 80520, on , 1995 at •'3e p.m. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. -1- Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation , and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees will pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. ADOPTED this -21f day of 1995. Rick Patterson, Mayor ATTEST: T.L. Peterson, Town Clerk EXHIBIT A Resolution No. -AL-1 DESCRIPTION THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) AND THE WESTERLY 330 FEET OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE I/4) OF SECTION EIGHTEEN (18), TOWNSHIP TWO (2) NORTH, RANGE SIXTY-SEVEN (67) WEST OF THE 6TH F.M. COUNTY OF WELD, STATE OF COLORADO. EXCEPTING THEREFROM ALL THAT PORTION OF WELD COUNTY ROAD NO. 20 LYING WITHIN THE HEREON DESCRIBED PARCEL OF LAND, SAID ROAD NO. 20 CONTAINING APPROXIMATELY 1.144 ACRES. CONTAINING 48.721 ACRES TOTAL CONTIGUITY = 1,647.95 FEET TO THE CURRENT TOWN LIMITS OF FIRESTONE TOTAL PERIMETER 5.932.91 FEET RESOLUTION NO.� A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FILED WITANDHSETT NG A PUBLIC OHEARINGO�REONKNOWN AS THE ZADEL ANNEXATION, WHEREAS, a petition for annexation of certain property described in Exhibit A -attached hereto and made a part hereof, to be known as the Zadel Annexation, has been filed with the Town Clerk of the Town of Firestone, Colorado and referred to the Board of Trustees of the Town of Firestone for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property -for annexation and for zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition of Colorado.substantial compliance with the applicable laws of the Section 2. No election is required under 31-12-107(2), C.R.S. Section 3 • No add tional for in terms the p notion loons are to be imposed except any pro Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposd se anne atioi c ompliholdea with 31-12-104, C.R.S. and with 31-12-105, public hearing to determine the appropriate zoning of the subject property if requested ithepetition, et do ado the Fires on tone own Hall, 150 Buchana Avenue, Firestone, 1995 at lae p.m. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. -1- Section. 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation , and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees will pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. ADOPTED this _ZJI� day of 1995. Rick Patterson, Mayor ATTEST: T.L. Peterson, Town Clerk EXHIBIT A Resolution No. A _ LEGAL DESCRIPTION THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) AND THE WESTERLY 330 FEET OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) Of SECTION EIGHTEEN (18), TOWNSHIP TWO (2) NORTH, RANGE SIXTY-SEVEN (67) WEST OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO. EXCEPTING THEREFROM ALL THAT PORTION OF WELD COUNTY ROAD NO. 20 LYING WITHIN THE HEREON DESCRIBED PARCEL OF LAND, SAID ROAD NO. 20 CONTAINING APPROXIMATELY 1.144 ACRES. CONTAINING 48.721 ACRES TOTAL CONTIGUITY = 1,647.95 FEET TO THE CURRENT TOWN LIMITS OF FIRESTONE TOTAL PERIMETER 5.932.91 FEET RESOLUTION NO. A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE LAWSON ANNEXATION, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Lawson Annexation, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Board of Trustees held a hearing and desires to adopt by resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. C. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. 1 f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is approximately 29 acres in total area and an annexation impact report has been prepared and filed as required by law. k. A plan is in place, pursuant to Section 31-12- 105(1)(e), C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Six copies of an annexation map of be annexed have been submitted to and are on file with the Town. 2 the area proposed to the Board of Trustees 4. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except for general property taxes of the Town of Firestone, which shall become effective as of the January 1 next ensuing. 5. No election is required under §31-12-107(2), C.R.S. ' 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition. Section 2. The Board of Trustees concludes, by resolution, that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Board of Trustees, acting in its legislative capacity and pursuant to authority granted to it by state law, may pass an ordinance annexing the subject properties to the Town of Firestone, and if annexed will pass an ordinance zoning the subject properties. NTRODUCED, READ, and ADOPTED this day of 19 94 . TOWN OF FIRESTONE, COLORADO Y� Rick Patterson Mayor Attest: Tru y Peterson Town Clerk EXHIBIT A to TOWN OF FIRESTONE, COLORADO RESOLUTION NO. Jam' 1 � THE SE 1/4 OF THE SE 1/4, EXCEPT THE WESTERLY 330 FEET THEREOF, IN SECTION 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, THUS DESCRIBED PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 18, N8804710511W 987.68 FEET; THENCE N00009'34"W, 1319.17 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, THENCE ALONG SAID NORTH LINE, S88056'22"E, 990.93 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 18, SOO°00'58", 1321.77 FEET TO THE POINT OF BEGINNING. CONTAINING 29.983 ACRES TOTAL CONTIGUITY = 987.68 FEET TO THE CURRENT TOWN LIMITS OF FIRESTONE TOTAL PERIMETER = 4,619.55 FEET 100444/1231[dkmlc:firestane\lawsonan.res 4 RESOLUTION NO. 9� A RESOLUTION GRANTING A SPECIAL USE PERMIT PURSUANT TO CHAPTER 17.32 OF TITLE 17 OF THE FIRESTONE MUNICIPAL CODE TO PERMIT A GOLF COURSE ON LAND ZONED R-1. WHEREAS, HDH, L.L.C. filed an application for a special use permit to permit a golf course in the R-1 zone district on property owned by it; and WHEREAS, the Planning Commission after notice, held a hearing on the special use permit application as required by City ordinances, and has recommended approval of the application, with conditions, to the Board of Trustees; and WHEREAS, the Board of Trustees, after notice, has held a hearing on the special use permit application as required by City ordinances; and WHEREAS, the Board of Trustees, after considering the recommendation of the Planning Commission, the further evidence offered at the hearing, and the criteria set forth in Section 17.32.030 of the Firestone Municipal Code, makes the following findings with regard to the proposed use as set forth in the application, subject to the conditions set forth herein: a. The proposed development of a golf course is consistent with the Firestone Comprehensive Plan, the goals and objectives of the Town related thereto, and should improve the quality of life by providing increased recreational opportunities to the Town's residents; b. The proposed development of a golf course is compatible with existing land uses in the vicinity of the proposed development; C. The proposed development of a golf course will not have a material adverse affect on the Town's capital improvements program, facilities or services; d. The proposed development of a golf course will result in substantial open areas and not result in an over -intensive use of land; e. The proposed development of a golf course will not result in significant air, water, and noise pollution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Special Use Permit Application filed by HDH is approved pursuant to Title 17, Chapter 17.32 of the Firestone Municipal Code to permit the use of the land zoned R-1 and described in Exhibit A attached hereto and made a part hereof for L the development of a golf course and appurtenance facilities. The special use permit shall be subject to, and conditional upon, the following terms and conditions. Failure to comply with the following terms and conditions may result in the Town's suspension, revocation or nonrenewal of this special use permit. 1. The golf course may include related facilities including a driving range, club house and pro shop, restaurant, parking lots, swimming pool, tennis courts, and maintenance facilities. Prior to any development of any area of the land, HDH or any successor owner of the land shall submit to the Town, for review, consideration and approval by the Planning Commission and the Board of Trustees, a final development plan and all technical reports and studies as required by the Town. 2. The use of the property for a golf course shall, at all times, comply with the conditions, promises, commitments and representations stated in the special use permit application and accompanying documentation, a copy of which accompanies this resolution, with other applicable ordinances of the Town, and with all other applicable laws. INTRODUCED, READ, and ADOPTED this day of ,Lr2ltt�,�n/ , 1995. Attest: l r/ T. L. Peterson Town Clerk 121495/1441[sar]c:firestone\HDHSUP.ren TOWN OF FIRESTONE, COLORADO Rick tterson Mayor - na September 5, 1995 Town of Firestone 150 Buchanon Firestone Co. 805.30 Subject; Special Use Permit The purpose of this application is to request a Special Use Permit for approximately 250 acres located in Section 19 that adjoins the Town of Firestone on the North. The land is currently owned by Vern and Karen Hamilton who will be represented by HDH Land Development. Our intent is to build a Golf Course on this property and we are requesting the Special Use Permit to operate the Golf Course which is scheduled to open in the spring of 1997. The Architect that we have employed is R Phelps who is located in Evergreen Colorado. The Course has been designed to make this a unique Course that has at least one signature hole, a large Learning Center, and the home that currently sets on the property will be converted to the Club House. This parcel is larger than most 18 hole Golf Courses and this will allow the design to include several small water hazards with the Fairways and first cut of the rough to be maintained with the remainder of the course kept as natural as possible. Requirements of the Special Request Permit 17.32.020 1-Description of the Lot - The Lot is approximately 250 acres in the center of Section 19. It is currently zoned R-1. We have attached a Plat for your convenience. If a Special Use Permit is issued, we will finalize all boundary lines and the access to WC 18 and submit to the Town of Firestone for approval. 2-Identify surface and mineral rights owners - Surface Owner - Vern and Karen Hamilton PO Box 18, Firestone Co. 80530 Mineral Owner- Basin Oil 5299 DTC Blvd. , Suite 810, Englewood, Co. 801 1 1 Attention Monty Kasner 3-Description of Use- We are requesting to operate an 18 hole Golf Course that will include all of the traditional services such as a Learning Center, Pro Shop, and Snack Bar, etc. 4-Benifits of the Proposed Use - The benefits to the Town of Firestone are numerous. The overall plan is to develop housing around the Golf Course. This will allow many options to the homeowners of Firestone with a 250 acre parcel of open land that will provide beautiful views and many types of recreational opportunities. It will enhance the ability to attract the type of business growth that I believe is consistent with the wishes of the Town Planners that will have a positive affect on the financials of the town. In addition the increased revenues from the property taxes of the proposed housing; will also strengthen the Town's financial position. We believe that this will be the jewel of the Tri Town area and will cause Firestone to become the leader as far as Economical and Policy decisions for the area. 5-Name and address of adjoining landowners - Tri Area Sanitation 246 5th Street, Fredrick Co. 80530 Coalridge Ditch Company 7228 WC 24, Longmont Co. 80504 Attention Mr. A. Sater In summary HDH will work with the Town of Firestone and all other agencies as appropriate to build the Golf Course. We felt it was important to apply for this Special Use Permit at this time so the Town understands our intent, and to ensure the Town is supportive prior to going into the final design phase which is very costly. if 1 can answer any questions prior to the public hearings please feel free to contact me at your convenience. Sincerely, Bruce M. Davis RESOLUTION NO.�� A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF CERTAIN PROPERTY, TO BE KNOWN AS THE GILLESPIE ANNEXATION, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property, to be known as the Gillespie Annexation, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the Board has reviewed the petition; and WHEREAS, the Board wishes to permit simultaneous consideration of the subject property for annexation and for zoning, if requested in the petition; and WHEREAS, the Board of Trustees have reviewed the petition and desires to adopt by this Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property if requested in the petition, at the Firestone Town Hall, 150 Buchanan Avenue, Firestone, Colorado 80520, at the following date and time: -9c-weber---2 6!, 1995 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the i r appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation' is proper under the laws of the State of Colorado, the Board of Trustees will pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. Section S. Town of Firestone Resolution A-95-3 is hereby repealed in its entirety. INTRODUCED, READ AND ADOPTED this J - day of , 1995. C. a Rick Patterson Mayor ATTEST: Tru y Peterson Town Clerk 083195/832(sar(c:Eireston\gillespi.res +y d , , 2 y i EXHIBIT A RESOLUTION NO. Ifi-4 LEGAL DESCRIPTION 09/14/95 09:06 V303 667 6298 LANDMARK ENG. Q 002/002 Legal Description of a tract of land being a portion of. the Northeast Quarter of Section 30 Township 2 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado being more particularly described as follows: Beginning at the North Quarter Comer of said Section 30 and considering the North line of the Northeast Quarter of said Section 30 as bearing North 90000'00" East and with all bearings contained herein relative thereto; thence along said North line North 90000'00" East 66011 feet; thence departing said North line South 00°36' 10" East 30.00 feet to a point on the South right-of- way line of County Road 18; said point being the TRUE POINT OF BEGI VINO; thence along said right-of-way line North 90000'00" East 1950.55 feet to a point on the West right-of-way line of County Road 15;.thence along said right-of-way line South 00°28'48" East 1,437.29 feet to a point on the Northerly line of that certain parcel of land described in deed, recorded in Book 767, under Reception Number 1688928, records of said county; thence along the North, West and South lines of said parcel the following 3 courses and distances: North 90°00'00" West 300,00 feet; thence South 00*28'48" East 528.00 feet; thence North 90100'00" East 300.00 feet to a point on the West right-of-way line of said County Road 15; thence along said right-of-way line South 00128'48" East 645.61 feet to a point on the East-West centerline of said Section 30; thence along said East-West centerline South 89°40'54" West 1,615.73 feet to a point on the East line of Globe Subdivision Second Filing according to the plat on file in the office of the clerk and recorder, records of said County and as evidenced by monuments in the field; thence along said Fast line North 00°34'57" 'West 662.94 feet to a point on the North line of said Globe Subdivision Second Filing; thence along said North line South 89°46'25" West 329.38 feet to a point on the East line of said Globe Subdivision Second Filing; thence along said East line and along the East line of Globe Addition to the Town of Firestone according to the plat on file in the office of the clerk and recorder, records of said County North 00°36' 10" West 1958.29 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 108.332 acres more or less. tS� 1 1 • • EXHiSIT "A" ATTACHED TO AND MADE A PART OF THE REAL ESTATE MORTGAGE BETWEEN FARMER A. GILLESPIE, JR. ("MORTGAGOR") AND TOM L. RUSSELL AND MARGARET I. RUSSELL ("MORTGAGEES") • J A tract of land in the NE1/4 of Section 30, Township 2 t:-,rth, Range 67 West of the 6th P.M., County of Weld, State of Colorado, described as follows: The NE1/4 of the SW1/4 of the NE1/4 and the W1/2 of the SE1/4 of the NE1/4 and the E1/2 of the SE1/4 of the SW1/4 of the NE1/4 and the W1/2 of the SE1/4 of the SE1/4 of the NE1/4. ' (Vacant land, no street address assigned) Eth " : Part of the NE1/4 of Section 30, Township 2 North, Range 67 West of the 6th P.M, County of Weld, State of Colorado, more particularly described as follows: The NE1/4 of the NE1/4 of said Section 30; the E1/2 of the NW1/4 of the NE1/4 of Section 30; the E1/2 of the SE1/4 of the SE1/4 of the NEE/4 of said Section 30; the NE1/4 of the SE1/4 of the NE1/4 of said Section 30; EXCEPT that portion conveyed to Harold L. Roberts and Gwendolyn Roberts by Deed recorded January 20, 1976, in Book 757 as Reception No. 1679294, and re -recorded February 3, 1976, in Book 758 as Reception No. 1680474, and re -recorded May 19, 1976, in Book 767 as Reception No. 1688928. (Vacant land, no street address assigned) TOGETHER WITH all water, water rights, ditches, d# ch rights, laterals, lateral rights, wells, well rights, sumps, return water systems, decrees, lakes, and reservoir rights, belonging or in any way appertaining to the above -described property. I RESOLUTION NO.�' A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE DOLLAGHAN ANNEXATION, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Dollaghan Annexation, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, 'the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and for zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by this Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property if requested in the petition, at the Firestone Town Hall, 150 Buchanan Avenue, Firestone, Colorado 80520, at the following date and time December 14, 1995 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the -Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees will pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. Section S. Resolution 95-MD-1 is hereby repealed in, its entirety. INTRODUCED, READ AND ADOPTED this 26th day of October, 1995. ATTEST: �TfUdy Peterson Town Clerk 100595/1250[sar]c:fireston\dollanx.res 2 ja+r/c.r�r Rick Patterson Mayor EXHIBIT A RESOLUTION NO. 4j LEGAL DESCRIPTION THAT PORTION OF SECTIONS 17 AND 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST ONE -QUARTER CORNER OF SAID SECTION 18; THENCE ALONG THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18 SOUTH 00000'02" WEST 1321.77 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18; THENCE SOUTH 89°56'54" EAST 30.00 FEET; THENCE SOUTH 00°00'02" WEST 1291.86 FEET; THENCE NORTH 89°46'11" WEST 30.00 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18, WHENCE THE SOUTHEAST CORNER THEREOF BEARS SOUTH 00°00'02" WEST 30.00 FEET; THENCE NORTH 88046'05" WEST 30.00 FEET; THENCE ALONG THE EAST LINE OF THE LAWSON ANNEXATION TO FIRESTONE NORTH 00000'02" EAST 1291.68 FEET; THENCE NORTH 00°00'02" EAST 1321.69 FEET; THENCE PARALLEL WITH THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 18 NORTH 00051' 27" WEST 1201.50 FEET; THENCE SOUTH 89004' 36" EAST 30.00 FEET; THENCE ALONG THE EAST LINE OF SAID NORTHEAST ONE - QUARTER SOUTH 00051'27" EAST 1201.50 FEET TO THE POINT OF BEGINNING, CONTAINING 3.516 ACRES MORE OR LESS. THAT PORTION OF SECTION 7, 8, 17 AND 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE EAST ONE -QUARTER CORNER OF SAID SECTION 18; THENCE ALONG THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 18 NORTH 00051' 27" WEST 1201.50 FEET; THENCE NORTH 89004' 36" WEST 30.00 FEET; THENCE NORTH 00051'27" WEST 1438.56 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 7, THENCE PARALLEL WITH AND 30.00 FEET WEST OF THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 7 NORTH 01015'00" EAST 2698.55 FEET TO A POINT ON THE EAST -WEST CENTERLINE OF SAID SECTION 7; THENCE PARALLEL WITH THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 7 NORTH 01014'53" EAST 1009.61 FEET; THENCE SOUTH 89017'35" EAST 30.00 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 7, WHENCE THE NORTHEAST CORNER THEREOF BEARS NORTH 01014'53" EAST 1649.77 FEET; THENCE CONTINUING SOUTH 89017' 35" EAST 30.00 FEET; THENCE SOUTH 01014' 53'" WEST 1009.47 FEET; THENCE SOUTH 89034' 00" EAST 20.00 FEET; THENCE SOUTH 01015' 00" WEST 2698.10 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 17; THENCE PARALLEL WITH AND 50.00 FEET EAST OF THE WEST LINE OF SAID SECTION 17 SOUTH 00051' 27" EAST 2640.14 FEET; THENCE SOUTH 89052' 49" WEST 1.00 FEET; THENCE SOUTH 00000'02" WEST 1321.92 FEET; THENCE 1 NORTH 89056'56" WEST 49.00 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18; THENCE NORTH 00000'02" EAST,1321.77 FEET TO THE POINT OF BEGINNING, CONTAINING 11:854 ACRES MORE OR LESS. THAT PORTION OF THE NORTHWEST ONE=QUARTER OF` SECTION 8 AND THAT PORTION OF SECTION 7, TOWNSHIP 2 NORTH,''RANGE,67,WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO , AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER CORNER OF SAID SECTION 7, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 7 BEARS SOUTH 01015'00" WEST 2595.58 FEET; THENCE ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 7 NORTH 89017'35" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01015'00" WEST 2668.33 FEET; THENCE PARALLEL WITH AND 30.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST ONE -QUARTER OF SECTION 7 NORTH 89014'06" WEST 2591.36 FEET ; THENCE PARALLEL WITH AND 30.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER NORTH 89028'42" WEST 2130.14 FEET TO A POINT ON THE EASTERLY RIGHT- OF-WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE ALONG SAID RIGHT- OF-WAY LINE THE FOLLOWING SEVEN COURSES AND DISTANCES; NORTH 00017'10" EAST 597.52 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE (SAID CURVE HAVING A RADIUS OF 3719.5 FEET; A CENTRAL ANGLE OF 29048'00", CHORD OF SAID ARC BEARS NORTH 15011'10" EAST 1912.96 FEET) A DISTANCE OF 1934.70 FEET; THENCE NORTH 30005'10" EAST 255.90 FEET; THENCE ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 7, NORTH 89017'35" WEST 28.69 FEET; THENCE NORTH 30005'10" EAST 1550.16 FEET; THENCE ALONG THE NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE -QUARTER, SOUTH 89013' 55" EAST 28.67 FEET; THENCE NORTH 30005' 10" EAST 1513.90 FEET TO A POINT 30.00 SOUTH OF THE NORTH LINE OF THE NORTHWEST ONE - QUARTER OF SAID SECTION 7; THENCE LEAVING SAID EASTERLY RIGHT-OF- WAY LINE SOUTH 89010'20" EAST 59.01 FEET TO A POINT ON THE NORTH - SOUTH CENTERLINE OF SAID SECTION 7; THENCE PARALLEL WITH AND 30.00 FEET SOUTH OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 7, SOUTH 88024' 44" EAST 2640.29 FEET TO A POINT ON THE EAST LINE OF SAID NORTHEAST ONE -QUARTER; THENCE SOUTH 89035'00 EAST 30.00 FEET; THENCE PARALLEL WITH SAID EAST LINE SOUTH 01014'53" WEST 1619.92 FEET; THENCE NORTH 89017'35 WEST 60.00 FEET; THENCE SOUTH 01014'53 WEST 1009.61 FEET TO THE POINT OF BEGINNING, CONTAINING 491.766 ACRES MORE OR LESS. 2 - - RESOLUTION NO. Lf�l A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE GILLESPIE ANNEXATION, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION., WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Gillespie Annexation, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Board of Trustees held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. C. The area proposed to be annexed is urban. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been,divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. 1 Y 3. 4. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is approximately 108.332 acres in total area and an annexation impact report has been prepared and filed as required by law. k. A plan is in place, pursuant to Section 31-12- 105(1)(e), C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. Four copies of an annexation map of the area proposed to be annexed have been submitted to the Board of Trustees and are on file with the Town. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become 0) . . L subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except for general property taxes of the Town of Firestone, which shall be come effective as of the January 1 next ensuing. 5. No election is required under §31-12-107(2), C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition. Section 2. The Board of Trustees concludes, by resolution, that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Board of Trustees, acting in its legislative capacity and pursuant to authority granted to it by state law, may pass an ordinance annexing the subject properties to the Town of Firestone, and if annexed will pass an ordinance zoning the subject properties. ,INTRODUCED, READ, and ADOPTED this 92z day of ,1J�/ , 1995. Attest: Tru y Peterson Town Clerk 110895/928[sar]c:fireston\gilanxel.res Ki TOWN OF FIRESTONE, COLORADO A�Zex��- Rick Patterson Mayor q • 4 EXHIBIT A to TOWN OF FIRESTONE, COLORADO RESOLUTION NO. �J Legal Description of a tract of land being a portion of. the Northeast Quarter of Section 30 Township 2 North, Range 67 West of the 6th Principal Meridian, Wc1d County, Colorado being more particularly described as follows: Beginning at the North Quarter Corner of said Section 30 and considering the North line of the Northeast Quarter' of said Section 30 as bearing North 90°00'00" East and with all bearings contained herein relative thereto; thence along said North line North 90°00'00" East 660.21 feet; thence departing said North line South 00"36' 10" East 30,00 feet to a point on the South right-of- way line of County Road 18; said point being the TRUE POINT OF BEODUUNO; thence along said right-of-way line North 90000'00" East 1950.55 feet to a point on the West right-of-way line of County Road 15;.thence along said right-of-way line South 00°28'48" East 1,431.29 feet to a point on the Northerly line of that certain parcel of land described in deed, recorded in Book 767, under Reception Number 1698928, records of said county; thence along the North, West and South lines of said parcel the following 3 courses and distances: North 90000'00" West 300.00 feet; thence South 00°28'48" East 528.00 feet; thence North 90"00'00" East 300.00 feet to a point on the West right-of-way line of said County Road 15; thence along said right-of-way line South 00°28'48" East 645.61 feet to a point on the East-West centerline of said Section 30; thence along said East-West centeslinc South 89040'54" West 1,615.73 feet to a point on the East line of Globe Subdivision Second Filing according to the plat on file in the office of the clerk and recorder, records of said County and as evidenced by monuments in the field; thence along said East line North 00034'57" West 662.94 feet to a point on the North line of said Globe -SubdMsion Second Filing; thence along said North line South 89046'25" West 329.38 feet to a point on the East line of said Globe Subdivision Second riling; thence along said East line and along the East line of Globe Addition to the Town of Firestone according to the plat on file in the office of the clerk and recorder, records of said County North 00036' 10" West 1958.29 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 108.332 acres more or less. RESOLUTION NO. A95-7 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE DOLLAGHAN ANNEXATION, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Dollaghan Annexation, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and for zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by this Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property if requested in the petition, at the Firestone Town Hall, 150 Buchanan Avenue, Firestone, Colorado 80520, at the following date and time: January 11, 1996 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees will pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the. subject property if requested in the petition. Section 8. Resolution A95-5 is hereby repealed in its entirety. INTRODUCED, READ AND ADOPTED this 30th day of November, 1995. ATTEST: i PetersonTruery .HClerk. 112895/1511[sar]c:fireston\dollanx2.res E Rick'Patterson Mayor EXHIBIT A RESOLUTION NO. A95-7 LEGAL DESCRIPTION THAT PORTION OF SECTIONS 17 AND 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST ONE -QUARTER CORNER OF SAID SECTION 18; THENCE ALONG THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18 SOUTH 00000'02" WEST 1321.77 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18; THENCE SOUTH 89°56'54" EAST 30.00 FEET; THENCE SOUTH 00°00'02" WEST 1291.86 FEET; THENCE NORTH 89°46'11" WEST 30.00 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18, WHENCE THE SOUTHEAST CORNER THEREOF BEARS SOUTH 00°00'02" WEST 30.00 FEET; THENCE NORTH 88°46'05" WEST 30.00 FEET; THENCE ALONG THE EAST LINE OF THE LAWSON ANNEXATION TO FIRESTONE NORTH 00000102" EAST 1291.68 FEET; THENCE NORTH 00°00'02" EAST 1321.69 FEET; THENCE PARALLEL WITH THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 18 NORTH 00051' 27" WEST 1201.50 FEET; THENCE SOUTH 89°04' 36" EAST 30.00 FEET; THENCE ALONG THE EAST LINE OF SAID NORTHEAST ONE - QUARTER SOUTH 00051'27" EAST 1201.50 FEET TO THE POINT OF BEGINNING, CONTAINING 3.516 ACRES MORE OR LESS. THAT PORTION OF SECTION 7, 8, 17 AND 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE EAST ONE -QUARTER CORNER OF SAID SECTION 18; THENCE ALONG THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 18 NORTH 00051' 27" WEST 1201.50 FEET; THENCE NORTH 89004' 36" WEST 30.00 FEET; THENCE NORTH 00051'27" WEST 1438.56 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 7, THENCE PARALLEL WITH AND 30.00 FEET WEST OF THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 7 NORTH 01015' 00" EAST 2698. 55 FEET TO A POINT ON THE EAST -WEST CENTERLINE OF SAID SECTION 7; THENCE PARALLEL WITH THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 7 NORTH 01014'53" EAST 1009.61 FEET; THENCE SOUTH 89017'35" EAST 30.00 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 7, WHENCE THE NORTHEAST CORNER THEREOF BEARS NORTH 01014'53" EAST 1649.77 FEET; THENCE CONTINUING SOUTH 89017' 35" EAST 30.00 FEET; THENCE SOUTH 01014' 53" WEST 1009.47 FEET; THENCE SOUTH 8 90341 0 0 " EAST 2 0. 0 0 FEET; THENCE SOUTH 0 1015' 0 0 " WEST 2698.10 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 17; THENCE PARALLEL WITH AND 50.00 FEET EAST OF THE WEST LINE OF SAID SECTION 17 SOUTH 0005112711 EAST 2640.14 FEET; THENCE SOUTH 89052' 49" WEST 1.00 FEET; THENCE SOUTH 00000102" WEST 1321.92 FEET; THENCE 1 NORTH 89056:56" WEST 49.00 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18; THENCE NORTH 00000'02" EAST 1321.77 FEET TO THE POINT OF BEGINNING, CONTAINING 11.854 ACRES MORE OR LESS. THAT PORTION OF THE NORTHWEST ONE -QUARTER OF SECTION 8 AND THAT PORTION OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO , AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER CORNER OF SAID SECTION 7, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 7 BEARS SOUTH 01015'00" WEST 2595.58 FEET; THENCE ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 7 NORTH 89017'35" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01015'00" WEST 2668.33 FEET; THENCE PARALLEL WITH AND 30.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST ONE -QUARTER OF SECTION 7 NORTH 89014'06" WEST 2591.36 FEET ; THENCE PARALLEL WITH AND 30.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER NORTH 89028'42" WEST 2130.14 FEET TO A POINT ON THE EASTERLY RIGHT- OF-WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE ALONG SAID RIGHT- OF-WAY LINE THE FOLLOWING SEVEN COURSES AND DISTANCES; NORTH 00017'10" EAST 597.52 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE (SAID CURVE HAVING A RADIUS OF 3719.5 FEET; A CENTRAL ANGLE OF 29048'00", CHORD OF SAID ARC BEARS NORTH 15"11'10" EAST 1912.96 FEET) A DISTANCE OF 1934.70 FEET; THENCE NORTH 30005'10" EAST 255.90 FEET; THENCE ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 7, NORTH 89017'35" WEST 28.69 FEET; THENCE NORTH 30005'10" EAST 1550.16 FEET; THENCE ALONG THE NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE -QUARTER, SOUTH 89013' 55" EAST 28.67 FEET; THENCE NORTH 30005' 10" EAST 1513.90 FEET TO A POINT 30.00 SOUTH OF THE NORTH LINE OF THE NORTHWEST ONE - QUARTER OF SAID SECTION 7; THENCE LEAVING SAID EASTERLY RIGHT-OF- WAY LINE SOUTH 89°10'20" EAST 59.01 FEET TO A POINT ON THE NORTH - SOUTH CENTERLINE OF SAID SECTION 7; THENCE PARALLEL WITH AND 30.00 FEET SOUTH OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 7, SOUTH 88024' 44" EAST 2640.29 FEET TO A POINT ON THE EAST LINE OF SAID NORTHEAST ONE -QUARTER; THENCE SOUTH 89035'00 EAST 30.00 FEET; THENCE PARALLEL WITH SAID EAST LINE SOUTH 01014'53" WEST 1619.92 FEET; THENCE NORTH 89017'35 WEST 60.00 FEET; THENCE SOUTH 01014,53 WEST 1009.61 FEET TO THE POINT OF BEGINNING, CONTAINING 491.766 ACRES MORE OR LESS. E RESOLUTION NO. A95-8 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE COUNTY ROAD BUSINESS PARR ANNEXATION, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the County Road Business Park Annexation, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and for zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by this Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property if requested in the petition, at the Firestone Town Hall, 150 Buchanan Avenue, Firestone, Colorado 80520, at the following date and time: January 18, 1996 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees will pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ AND ADOPTED this 7th day of December, 1995. ATTEST: Trudy Peterson Town Clerk 120795/1522(sar)c:fireston\aftannex.res 2 Rick P tterson Mayor EXHIBIT A RESOLUTION NO. A95-8 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF SECTION 20, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 20, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE SOUTH 01051'12" E ALONG THE WEST LINE OF SAID SECTION 20, 2063.11 FEET; THENCE N 63036'21" E, 152.90 FEET; THENCE N 83028'20" E, 1065.90 FEET; THENCE 195.07 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 55°53'00" AND IS SUBTENDED BY A CHORD THAT BEARS N 55031'50" E 187.43 FEET; THENCE N 27035'20" E 664.47 FEET; THENCE 193.78 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 225.00 FEET, A CENTRAL ANGLE 49°20'45" AND IS SUBTENDED BY A CHORD THAT BEARS N 52015'43" E, 187.85 FEET; THENCE N 76056'05" E, 788.25 FEET; THENCE N 73042'08" E, 142.84 FEET; THENCE N 69005'42" E, 709.63 FEET; THENCE 139.49 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 130.00 FEET, A CENTRAL ANGLE OF 61428'50" AND IS SUBTENDED BY A CHORD THAT BEARS S 80009'53" E 132.90 FEET; THENCE S 49025'28" E 91.46 FEET; THENCE S 65057'43" E 97.79 FEET; THENCE S 83019'00" E 108.01 FEET; THENCE N 61027' 19" E 104.36 FEET'; THENCE N 09045'00" W 37.12 FEET; THENCE N 19014'58" W 229.62 FEET; THENCE 76.71 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 75.00 FEET, A CENTRAL ANGLE OF 58036'13" AND IS SUBTENDED BY A CHORD THAT BEARS N 10003'08" E, 73.41 FEET; THENCE N 39021'15" E, 103.79 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 20; THENCE N 02020'37" W, 355.03 FEET TO THE NORTHEAST CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER; THENCE S 88015'05" W, 1315.49 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 20; THENCE S 89001'20" W, 2597.64 FEET TO THE NORTHWEST CORNER OF SAID SECTION 20 THE POINT OF TERMINATION. SAID PARCEL CONTAINING 116.72 ACRES MORE OR LESS. 1 RESOLUTION NO. A95-8 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE COUNTY ROAD BUSINESS PARK ANNEXATION, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the County Road Business Park Annexation, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and for zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by this Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section. 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property if requested in the petition, at the Firestone Town Hall, 150 Buchanan Avenue, Firestone, Colorado 80520, at the following date and time: January 18, 1996 7:30 P.M. Section S. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees will pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ AND ADOPTED this 7th day of December, 1995. ATTEST: rudy Peterson Town Clerk 120795/1522(sarlc.fireston\aftannex.res F Rick Patterson Mayor EXHIBIT A RESOLUTION NO. A95-8 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF SECTION 20, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 20, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE SOUTH 01051'12" E ALONG THE WEST LINE OF SAID SECTION 20, 2063.11 FEET; THENCE N 63036'21" E, 152.90 FEET; THENCE N 83028'20" E, 1065.90 FEET; THENCE 195.07 FEET�ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 55°53'00" AND IS SUBTENDED BY A CHORD THAT BEARS N 55031'50" E 187.43 FEET; THENCE N 27035'20" E 664.47 FEET; THENCE 193.78 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 225.00 FEET, A CENTRAL ANGLE 49°20'45" AND IS SUBTENDED BY A CHORD THAT BEARS N 52015'43" E, 187.85 FEET; THENCE N 76056'05" E, 788.25 FEET; THENCE N 73042'08" E, 142.84 FEET; THENCE N 69005'42" E, 709.63 FEET; THENCE 139.49 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 130.00 FEET, A CENTRAL ANGLE OF 61028'50" AND IS SUBTENDED BY A CHORD THAT BEARS S 80009'53" E 132.90 FEET; THENCE S 49025'28" E 91.46 FEET; THENCE S 65057'43" E 97.79 FEET; THENCE S 83019'00" E 108.01 FEET; THENCE N 61027'19" E 104.36 FEET; THENCE N 09045'00" W 37.12 FEET; THENCE N 19014'58" W 229.62 FEET; THENCE 76.71 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 75.00 FEET, A CENTRAL ANGLE OF 58036'13" AND IS SUBTENDED BY A CHORD THAT BEARS N 10003'08" E, 73.41 FEET; THENCE N 39021'15" E, 103.79 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 20; THENCE N 02020' 37" W, 355.03 FEET TO THE NORTHEAST CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER; THENCE S 88015'05" W, 1315.49 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 20; THENCE S 89001'20" W, 2597.64 FEET TO THE NORTHWEST CORNER OF SAID SECTION 20 THE POINT OF TERMINATION. SAID PARCEL CONTAINING 116.72 ACRES MORE OR LESS. 1 r r 1996 RESOLUTIONS 96-1 Petition for Dollaghan Annexation - Eligible for Annexation PC96-1 Approving an Amendment to the Comprehensive Plan 96-2 Resolution prescribing water rates and charges 96-3 Submitting ballot issues to registered electors - April 2, 1996 - De-g"u CA- 96-4 Petition for County Road Business Park Annex. - Eligible for Annex. 96-5 Substantial Compliance for Annex. - Fireston First - Second - Third and Fourth Annexation - Public Hearing 96-6 Resolution establishing building permit fees 96-7 Resolution establishing waste collection service charge 96-8 Resolution concerning petition - Dittmer Annexation 96-9 Resolution concerning petition - J & M Zadel Annexation - eligible for annex. 96-9 Adopting a safety policy statement & establishing safety responsibilities 96-10 Resolution concerning the right to inspect and copy public records 96-11 Resolution approving an amendment to the comprehensive plan 96-12 Resolution concerning petition for annexation - Firestone First - Firestone Second & Firestone Third - eligible for annexation 96-13 Resolution concerning petition - Firestone Fourth Annexation 96-14 Resolution approving intergovernmental agreement between the town and the Central'Weld County Water District 96-15 Resolution approving R-1 PUD Outline Development - Timberland'Sub. 96-16 Resolution approving a PUD outline development plan - Gillespie PUD 96-17 Resolution concerning petition for - Dittmer Annexation - Eligible for annex. 96-18 Resolution approving PUD outline - Del Rey Subdivision 96-19 Resolution prescribing water rates & charges for the town 96-20 Resolution establishing waste collection service charge 96-21 Resolution establishing the amount of capital improvement fee 1996 RESOLUTIONS 96-22 Approving application for temp. use permit - NCWC District 96=23 Establishing amount of capital improv. fee - Chapter 3.20 96-24 Approving contact between town & Colorado Dept. of Transi 96-25 Establishing maximum salaries, town clerk, etc. - 1997 96-26 Approving appli. for temp. use permit - NCWC District 96-27 Approving appli. temp. use permit - NCWC District RESOLUTION NO.)OZ fed'/ A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHEREAS, the Planning Commission desires to amend the Firestone Comprehensive Plan by the addition of a Comprehensive Plan Map Amendment dated May 1, 1996; and WHEREAS, a public hearing on the amendment has been held as required by law; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Comprehensive Plan Map Amendment dated May 1, 1996, attached hereto and incorporated herein by reference, is hereby approved. Introduced, read, and adopted this .L_day of 1996. PLANNING COMMISSION By: Chairman ATTEST: P RESOLUTION NO. 9Z -1 A RESOLUTION CONCERNING`A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN, OF FIRESTONE, COLORADO, KNOWN AS THE DOLLAGHAN ANNEXATION, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Dollaghan Annexation, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Board of Trustees held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A -attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone; contiguity may be established by the annexation of the three parcels described in Exhibit A in a series. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. C. The area proposed to be annexed is urban d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or -parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, 1 unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary.of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g.,.. No annexation proceedings have -been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is approximately 507.136 acres in total area consisting of three parcels with areas 'of 3.516, 11.854, and 491.136 acres respectively as described in Exhibit A, and an annexation impact.report has been prepared and filed as required by law. k. A plan is in place, pursuant to Section 31--12- 105(1)(e), C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of.the area proposed to 2 r j. be annexed have been submitted to the Board of Trustees and are on file with the Town. 4. Upon the annexation ordinance becoming effective, --all lands within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except for general property taxes of the Town of Firestone, which shall become effective as of the January 1 next ensuing. 5. No election is required under §31-12-107(2), C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition. Section 2. The Board of Trustees concludes, by resolution, that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is.eligible for annexation to the Town. The Board of Trustees, acting in its legislative capacity and pursuant to authority granted to it by state law, may pass an ordinance annexing the subject properties to the Town of Firestone, and if annexed will pass an ordinance zoning the subject properties as required by law. INTRODUCED, READ, and ADOPTED this day of 1996. TOWN OF FIRESTONE, COLORADO Attest: Town Clerk 011096/1005[ear]c:fireston\dolanxei.res 3 &70E7_�� Rick Patterson Mayor EXHIBIT A to TOWN OF FIRESTONE, COLORADO RESOLUTION NO. LEGAL DESCRIPTION DOLLAGHAN ANNEXATION NO. 1: THAT PORTION OF SECTIONS 17 AND 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST ONE -QUARTER CORNER OF SAID SECTION 18; THENCE ALONG THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18 SOUTH 00000'02" WEST 1321.77 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18; THENCE SOUTH 89056'54" EAST 30.00 FEET; THENCE SOUTH 00°00'02" WEST 1291.86 FEET; THENCE NORTH 89°46'11" WEST. 30.00 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18, WHENCE THE SOUTHEAST CORNER THEREOF BEARS SOUTH 00°00'02" WEST 30.00 FEET; THENCE NORTH 88°46'05" WEST 30.00 FEET; THENCE ALONG THE EAST LINE OF THE LAWSON ANNEXATION TO FIRESTONE NORTH 00000'02" EAST 1291.68 FEET; THENCE NORTH 00000'02" EAST 1321.69 FEET; THENCE PARALLEL WITH THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 18 NORTH 00051' 27" WEST 1201.50 FEET; THENCE SOUTH 89°04' 36" EAST 30.00 FEET; THENCE ALONG THE EAST LINE OF SAID NORTHEAST ONE - QUARTER SOUTH 00051'27" EAST 1201.50 FEET TO THE POINT OF BEGINNING, CONTAINING 3.516 ACRES MORE OR LESS. DOLLAGHAN ANNEXATION NO. 2: THAT PORTION OF SECTION 7, 8, 17 AND 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE EAST ONE -QUARTER CORNER OF SAID SECTION 18; THENCE ALONG THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 18 NORTH 00051' 27" WEST 1201.50 FEET; THENCE NORTH 89004' 36" WEST 30.00 FEET; THENCE NORTH 00051'27" WEST-1438.56 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 7, THENCE PARALLEL WITH AND 30.00 FEET WEST OF THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 7 NORTH 01015'00" EAST 2698.55 FEET TO A POINT ON THE EAST -WEST CENTERLINE OF SAID SECTION 7; THENCE PARALLEL WITH THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 7 NORTH 01014'53" EAST 1009.61 FEET; THENCE SOUTH 89017'35" EAST 30.00 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 7, WHENCE THE NORTHEAST CORNER THEREOF BEARS NORTH 01014'53" EAST 1649.77 FEET; THENCE CONTINUING 1 t SOUTH 89017' 35" EAST 30.00 FEET; THENCE SOUTH 01014' 53" WEST 1009.47 FEET; THENCE SOUTH 89034' 00" EAST 20.00 FEET; THENCE SOUTH 01015' 00" WEST 2698.10 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 17; THENCE PARALLEL WITH AND 50.00 FEET EAST OF THE WEST LINE OF SAID SECTION 17 SOUTH 00051' 27" EAST 2640.14 FEET; THENCE SOUTH 89052' 49" WEST 1.00 FEET; -THENCE SOUTH 00000'02" WEST 1321.92 FEET; THENCE NORTH 89056'56" WEST 49.00 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18; THENCE NORTH 00000'02" EAST 1321.77 FEET TO THE POINT OF BEGINNING, CONTAINING 11.854 ACRES MORE OR LESS. DOLLAGHAN ANNEXATION NO. 3: THAT PORTION OF THE NORTHWEST ONE -QUARTER OF SECTION 8 AND THAT PORTION OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER CORNER OF SAID SECTION 7, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 7 BEARS SOUTH 01015'00" WEST 2595.58 FEET; THENCE ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 7 NORTH 89017'35" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01015'00" WEST 2668.33 FEET; THENCE PARALLEL WITH AND 30.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST ONE -QUARTER OF SECTION 7 NORTH 89014'06" WEST 2591.36 FEET ; THENCE PARALLEL WITH AND 30.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER NORTH 89028'42" WEST 2130.14 FEET TO A POINT ON THE EASTERLY RIGHT- OF-WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE ALONG SAID RIGHT- OF-WAY LINE THE FOLLOWING SEVEN COURSES AND DISTANCES; NORTH 00017'10" EAST 597.52 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE (SAID CURVE HAVING A RADIUS OF 3719.5 FEET; A CENTRAL ANGLE OF 29048'00", CHORD OF SAID ARC BEARS NORTH 15°11'10" EAST 1912.96 FEET) A DISTANCE OF 1934.70 FEET; THENCE NORTH 30005'10" EAST 255.90 FEET; THENCE ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 7, NORTH 89017'35" WEST 28.69 FEET; THENCE NORTH 30005'10" EAST 1550.16 FEET; THENCE ALONG THE NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE -QUARTER, SOUTH 89013' 55" EAST 28.67 FEET; THENCE NORTH 30°05' 10" EAST 1513.90 FEET TO A POINT 30.00 SOUTH OF THE NORTH LINE OF THE NORTHWEST ONE - QUARTER OF SAID SECTION 7; THENCE LEAVING SAID EASTERLY RIGHT-OF- WAY LINE SOUTH 89010'20" EAST 59.01 FEET TO A POINT ON THE NORTH - SOUTH CENTERLINE OF SAID SECTION 7; THENCE PARALLEL WITH AND 30.00 FEET SOUTH OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 7, SOUTH 88024' 44'" EAST 2640.29 FEET TO A POINT ON THE EAST LINE OF SAID NORTHEAST ONE -QUARTER; THENCE SOUTH 89035'00 EAST 30.00 FEET; THENCE PARALLEL WITH SAID EAST LINE SOUTH 01014'53" WEST 1619.92 FEET; THENCE NORTH 89017'35 WEST 60.00 FEET; THENCE SOUTH 01014'53 WEST 1009.61 FEET TO THE POINT OF BEGINNING, CONTAINING 491.766 ACRES MORE OR LESS. K OCT-29-96 TUE 14:33 P•01 2518012 B-1574 P-473 10/30/96 11:49A PG 1 OF 5 REC DOC Weld County CO JA Suki Tsukamoto Clerk & Recorder 26.00 RESOLUTION NO. q� -� A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE DOLLAGHAN ANNEXATION, At`TD FI1,MING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Dollaghan Annexation, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Board of Trustees held a hearing and desires to adopt by Reeolution its findings in regard to the petition and eligibility for annexation. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees finds and concludes that; 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-1.2-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone; contiguity may be established by the annexation of the three parcels described in Exhibit A in a series. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. C. The area proposed to be annexed is urban. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, 1 OCT-29-96 TUE 14:34 2518012 B-1574 P-473 10/30/96 11:49A PG 2 OF 5 P. 02 unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written ccnsert of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexatior of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the affect -of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is approximately 507.136 acres in total area consisting of three parcels with areas of 3.516, 11.854, and 491.136 acres respectively as described in Exhibit A, and an annexation impact report has been prepared and filed as required by law. k. A plan is in place, pursuant to Section 31-1i- 105 (1) (e) , C.R.S . 1. Any portion of a platted street or alley to be. annexed will result in the entire width of the street or alley having been included within and made a wart of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on'both sides by the Town of Firestone. 3. Four copies of an annexation map of. the area proposed to 2 1CT-29-96 TUE 14:34 P.03 2518012 B-1574 P-473 10/30/96 11:49A PG 3 OF 5 be annexed have been submitted to the Board of Trustees and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except for general property taxes of the Town of Firestone, which shall become effective as of the January 1 next ensuing. 5. No election is required under §31-12-107(2), C.R.S. 6. No additional terms and conditions are to be imposed other than those sat forth in the annexation petition. Section 2. The Board of Trustees concludes, by resolution, that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Board of Trustees, acting in its legislative capacity and pursuant to authority granted to it by state law, may pass an ordinance annexing the subject properties to the Town of Firestone, and if annexed will pass an ordinance zoning the subject properties as required by law. INTRODUCD'D, READ, and ADOPTED this egj:4�e day of 1996. TOWN OP FIRESTONE, COLORADO Attest: . Peterson Town Clerk on096(1005 [ear Ic:Figee ton\dvlalxQ1.rQa 191 Rick'Patterson Mayor OCT-29-96 TUE 14:35 •t 2518012 B-1574 P-473 10/30/96 11:49A PG 4 OF 5 P. 04 EXHIBIT A to TOWN OF FIRESTONE, COLORADO RESOLUTION NO. LEGAL DESCRIPTION DOLLAGHAN ANNEXATION NO. 1: THAT PORTION OF SECTIONS 17 AND 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST ONE -QUARTER CORNER OF SAID SECTION 18; THENCE ALONG THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18 SOUTH 00000'02" WEST 1321.77 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 15; THENCE SOUTH 89°56'54" EAST 30.00 FEET; THENCE SOUTH 00°00'02" WEST 1291,86 FEET; THENCE NORTH 89046'11'1 WEST 30.00 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18, WHENCE THE SOUTHEAST CORNER THEREOF BEARS SOUTH 00900'02" WEST 30.00 FEET; THENCE NORTH 88°46'05" WEST 30.00 FEET; THENCE ALONG THE EAST LINE OF THE LAWSON ANNEXATION TO FIRESTONE NORTH 00000'02" EAST 1291.68 FEET; THENCE NORTH 00"00'02" EAST 1321.69 FEET; THENCE PARALLEL WITH THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 18 NORTH 00051'2711 WEST 1201 .50 FEET; THENCE SOUTH 89°04' 36" EAST 30.00 FEET; THENCE ALONG THE EAST LINE OF SAID NORTHEAST ONE - QUARTER SOUTH 00°51' 27" EAST 1201.50 FEET TO TF-:E POINT OF BEGINNING, CONTAINING 3.516 ACRES MORE OR LESS. DOLLAGHAN ANNEXATION NO. 2: THAT PORTION OF SECTION 7, 8, 17 AND 18, TOWNSHIP 2 NORTH, RANGE 67 WEST.OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE EAST ONE -QUARTER CORNER OF SAID SECTION 18; THENCE ALONG THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 18 NORTH 00051' 27" WEST 1201.50 FEET; THENCE NORTH 89"04' 36" WEST 30.00 FEET; THENCE NORTH 00'51'27" WEST 1438.56 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 7, THENCE PARALLEL WITH AND 30.00 FEET WEST OF THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 7 NORTH 01015' 00" EAST 2698.55 FEET TO A POINT ON THE EAST -WEST CENTERLINE OF SAID SECTION 7; THENCE PARALLEL WITH THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 7 NORTH 01'14'53" EAST 1009.61 FEET; THENCE SOUTH 89'17'35" EAST 30.00 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 7, WHENCE THE NORTHEAST CORNER THEREOF BEARS NORTH 01014'53" EAST 1649.77 FEET; THENCE CONTINUING 1 OCT-29-96 TUE 14:36 P.05 2518012 B--1574 P-473 10/30/96 11:49A PG 5 OF 5 SOUTH 89"17' 35" EAST 30.00 FEET; THENCE SOUTH 01°14' 53" WEST 1009 .47 FEET; THENCE SOUTH 89034' 00" EAST 20.00 FEET; THENCE SOUTH 01015' 00" WEST 2698.10 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 17; THENCE PARALLEL WITH AND 50.00 FEET EAST OF THE WEST LINE OF SAID SECTION 17 SOUTH 00051' 27" EAST 2640 . 14 FEET; THENCE SOUTH 89152' 49" WEST 1.00 FEET; THENCE SOUTH 00000' 02" WEST 1321.92 FEET; THENCE NORTH 89056'56" WEST 49,00 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18; THENCE NORTH 00°00'02" EAST 1321.77 FEET TO THE POINT OF BEGINNING, CONTAINING 12,854 ACRES MORE OR LESS. DOLLAGHAN ANNEXATION NO. 3: THAT PORTION OF THE NORTHWEST ONE -QUARTER OF SECTION 8 A4D THAT PORTION OF SECTION 7, TOk'NSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO , AND BEING, MORE PARTICULARLY DESCRIBED A$ FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER CORNER OF SAID SECTION 7, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 7 SEARS SOUTH 01015'00" WEST 2595.58 FEET; THENCE ALONG T14S EAST -WEST CENTERLINE OF SAID SECTION 7 NORTH 89017'35" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01015'00" WEST 2668.33 FEET; THENCE PARALLEL WITH AND 30.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST ONE -QUARTER OF SECTION 7 NORTH 89°14'06" WEST 2591.36 FEET ; THENCE PARALLEL WITH AND 30.00 FEET NORTH OF TeiE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER NORTH 89°28'42" WEST 2130,14 FEET TO A POINT ON THE EASTERLY RIGHT- OF-WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE ALONG SAID RIGHT- OF-WAY LINE THE FOLLOWING 95VEN COURSES AND DISTANCES; NORTH 00°17'10" EAST 597.52 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE (SAID CURVE HAVING A RADIUS OF 3719.5 FEET; A CENTRAL ANGLE OF 29°48'00", CHORD OF SAID ARC SEARS NORTH 15°11'10" EAST 1912.96 FEET) A DISTANCE OF 1934.70 FEET; THENCE NORTH 30005'10" EAST 255.90 FEET; THENCE ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 7, NORTH 89"17'35" WEST 28.69 FEET; THENCE NORTH 30"05'10" EAST 1550.16 FEET; THENCE ALONG THE NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE -QUARTER, SOUTH 89013' 55" EAST 28.67 FEET; THENCE NORTH 30°05' 10" EAST 1513.90 FEET TO A POINT 30.00 SOUTH OF THE NORTH LINE OF THE NORTHWEST ONE - QUARTER OF SAID SECTION 7; THENCE LEAVING SAID EASTERLY RIGHT-OF- WAY LINE SOUTH 89°10'20" EAST 59.01 FEET TO A POINT ON THE NORTH - SOUTH CENTERLINE OF SAID SECTION 7; THENCE PARALLEL WITH AND 30.00 FEET SOUTH: OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 7, SOUTH 83°24' 44" EAST 2640.29 FEET TO A POINT ON THE EAST LINE OF SAID NORTHEAST ONE -QUARTER; THENCE SOUTH 69°35'00 EAST 10.00 FEET; THENCE PARALLEL WITH SAID EAST LINE SOUTH 01014'53" WEST i619.92 FEET; THENCE NORTH 89017135 WEST 60.00 FEET; THENCE SOUTH 01a14'53 WEST 1009.61 FEET TO THS POINT OF BEGINNING, CONTAINING 491.766 ACRES MORE OR LESS. e.,. ., ...., . , _� _ rt -� ,.J� �> ., � • .� t• . RESOLUTION NO. � A RESOLUTION PRESCRIBING WATER RATES AND CHARGES FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town operates a municipal water system; and WHEREAS, the Town and the Central Weld County Water District are parties to various intergovernmental agreements concerning the provision of water service and facilities to the Town; and WHEREAS, pursuant to such intergovernmental agreements, the District has increased charges pertaining to the provision of water service to the Town; and WHEREAS, after review and analysis of the costs of providing, operating and maintaining the Town's water system, and in consideration of the District's increases, the Board of Trustees has determined that increases in the water system rates and charges are necessary to correspond with District increases and the Town's increased operating costs. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Water rates and charges. The following monthly rates and charges shall be imposed for water service received through the Town of Firestone water system: Monthly Minimum Charge for 5,000-15,000 15,000-20,000 over 20,000 Meter First Per 1,000 Per 1,000 Per 1,000 Size 5,000 Gallons Gallons Used Gallons Used Gallons Used 5/8" $14.55 $1.10 $1.20 $1.30 3/4" $25.35 $1.10 $1.20 $1.30 1" $50.85 $1.10 $1.20 $1.30 1 1/2" $75.65 $1.10 $1.20 $1.30 2" $130.65 $1.10 $1.20 $1.30 Section 2. Connection fees, capital investment and repair charges. The following connection fees, capital investment and repair charges shall be shall be imposed, except that the Town of Firestone shall not be required to pay such connection fees for irrigation sprinkler systems for any public parks, rights -of -way, open space, or medians, or any facility developed, owned or paid for by the Town. 1 Meter Connection Size Charge 5/8" $3,800 3/4" $5,800 1" $11,800 Capital Investment and_Repa_ir Total $600 $4,400 $600 $6,400 $600 $12,400 Connection fees, capital investment and repair charges for taps requiring a meter larger than one inch shall be determined by the Board of Trustees on an individual basis considering such factors as type of use, contemplated volume demand for water, effect on the entire water system in the Town and all other factors relevant to the application. Pursuant to the terms of an Intergovernmental Agreement for Water Main Extension (Agreement") by and between the Town, the Central Weld County Water District ("CWCWD"), the Town of Frederick and the City of Dacono dated February 16, 1994, the foregoing connection fees may be reduced by the amount set forth below for new water taps purchased to provide water service to any lot platted prior to January 1, 1994, which lot is located within the present Town boundaries. Such reduction shall only apply to the first twenty five water taps purchased for such platted lots after CWCWD has completed the water line and increased its fees in accordance with the Agreement. Meter Tap Size 5/8F1 3 /4 it 1" INTRODUCED, READ, r Attest: L72 T. L. Peterson Town Clerk Reduction Amount $2,000 $3,000 $6,000 and ADOPTED this day of 199A. 2 TOWN OF FIRESTONE, COLORADO Rick Platterson. Mayor 02149611520[sar]c:€ireston\waterate.res RESOLUTION NO. �5 A RESOLUTION SUBMITTING BALLOT ISSUES TO THE REGISTERED ELECTORS OF THE TOWN OF FIRESTONE AT THE APRIL 2, 1996 REGULAR MUNICIPAL ELECTION FOR VOTER APPROVAL OF A REVENUE CHANGE TO PERMIT THE COLLECTION AND EXPENDITURE OF THE FULL PROCEEDS OF THE TOWN' S SALES AND USE TAX, PROPERTY TAX REVENUES, NONFEDERAL GRANTS, FEES AND OTHER REVENUES COLLECTED AND RECEIVED DURING THE YEAR 1996 AND EACH SUBSEQUENT YEAR, THE COLLECTION AND EXPENDITURE OF A STATE OF COLORADO GRANT FOR WATER CAPITAL IMPROVEMENTS, AND AUTHORIZING THE ISSUANCE OF WATER REVENUE BONDS'OR OTHER FINANCIAL OBLIGATIONS FOR THE PURPOSE OF FUNDING WATER CAPITAL IMPROVEMENTS. WHEREAS, the Town of Firestone has applied, or will apply, for non-federal grants for the purpose of providing funding for the acquisition and construction of recreational facilities, public improvements and other municipal purposes; and WHEREAS, the Town of Firestone has applied, or will apply for, loans from the State of Colorado for the purpose of making water capital improvements consisting of the acquisition and construction of additional water storage and a twelve inch water supply pipeline (the "Project"); and WHEREAS, the needs of the Town of Firestone require that provisions be made for constructing, improving and equipping facilities comprising the Town's water system, including all necessary and convenient costs related thereto; and WHEREAS, the Town lacks sufficient funds and the Board does not anticipate that existing sources of revenue will be sufficient to generate the revenue necessary in order to finance the Project; and WHEREAS, the Board has determined that the necessary water capital improvements will require the issuance of water revenue bonds or other financial obligations of the Town; and WHEREAS, the Town must comply with Article X, Section 20 of the Colorado Constitution, which requires voter approval of revenue changes and multiple -fiscal year obligations, in order to permit the receipt and expenditure of revenue in excess of the revenue and spending limitations established by said section; and WHEREAS, the Board of Trustees desires to set the ballot title and ballot issues for the questions to be considered at the regular municipal election of April 2, 1996; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1 Section 1. Th substantially the form registered electors of the Town of Firestone April 2, 1996. Referred Measure A. e following measures, certified in set forth below, are hereby referred to the the Town and shall appear on the ballot of regular municipal election to be held on SHALL THE TOWN OF FIRESTONE, COLORADO BE PERMITTED TO COLLECT, RETAIN, AND EXPEND THE FULL PROCEEDS OF THE TOWN'S SALES AND USE TAX, PROPERTY TAX REVENUES, NONFEDERAL GRANTS, FEES AND OTHER REVENUES COLLECTED AND RECEIVED DURING THE YEAR 1996 AND EACH SUBSEQUENT YEAR, FOR CAPITAL PROJECTS, BASIC MUNICIPAL SERVICES OR OTHER LAWFUL MUNICIPAL PURPOSES, NOTWITHSTANDING ANY STATE LIMITATION ON FISCAL YEAR REVENUE AND SPENDING, INCLUDING WITHOUT LIMITATION THE RESTRICTIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? YES NO Referred Measure B. SHALL THE TOWN OF FIRESTONE, COLORADO BE ENTITLED TO ACCEPT, RECEIVE, RETAIN AND SPEND THE TOTAL AMOUNT OF REVENUE, NOT TO EXCEED $125,000.00, DURING THE YEARS 1996 AND 1997, FROM FUNDS DERIVED FROM GRANTS INCLUDING STATE OF COLORADO ,GRANTS, FOR THE PURPOSE OF FUNDING THE ACQUISITION AND CONSTRUCTION OF WATER CAPITAL IMPROVEMENTS AND MAINTENANCE IN THE YEAR 1996 AND SUBSEQUENT YEARS, SUCH INCREASE IN REVENUES AND SPENDING IN ANY SUCH FISCAL YEAR TO BE IN EXCESS OF ANY REVENUE OR SPENDING LIMIT OTHERWISE APPLICABLE, WITHOUT ANY LIMITATION OR CONDITION, AND WITHOUT LIMITING THE COLLECTION OR SPENDING OF OTHER REVENUES OR FUNDS BY THE TOWN OF FIRESTONE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? YES NO Referred Measure C. SHALL THE TOWN OF FIRESTONE, COLORADO DEBT BE INCREASED BY NOT MORE THAN $12 5 , 000. 00 WITH A REPAYMENT COST NOT TO EXCEED $170,000.00, FOR THE PURPOSES OF CONSTRUCTING WATER STORAGE AND DISTRIBUTION CAPITAL IMPROVEMENTS, SUCH DEBT TO CONSIST OF THE ISSUANCE OF WATER REVENUE BONDS OR OTHER FINANCIAL OBLIGATIONS TO THE STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS IMPACT ASSISTANCE PROGRAM, SUCH WATER REVENUE BONDS OR OTHER FINANCIAL OBLIGATIONS 2 TO BEAR AN INTEREST RATE AT A MAXIMUM NET EFFECTIVE RATE NOT TO EXCEED 5a PER ANNUM AND HAVING A TERM NOT TO EXCEED TEN YEARS, SUCH WATER REVENUE BONDS OR OTHER FINANCIAL OBLIGATIONS TO BE PAYABLE SOLELY FROM A PLEDGE OF ALL OR A PORTION OF THE TOWN'S WATER USER SERVICE RATES AND CHARGES WITHOUT INCREASING ANY TAX TO REPAY THE DEBT, AND SHALL SUCH REVENUES DERIVED THEREFROM AND INVESTMENTS EARNINGS THEREON BE COLLECTED AND SPENT BY THE TOWN WITHOUT ANY LIMITATION OR CONDITION, AND WITHOUT LIMITING THE COLLECTION OR SPENDING OF OTHER REVENUES OR FUNDS BY THE TOWN OF FIRESTONE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? YES NO Referred Measure D. SHALL THE TOWN OF FIRESTONE, COLORADO DEBT BE INCREASED BY NOT MORE THAN $95,000.00 WITH A REPAYMENT COST NOT TO EXCEED $125,000.00, FOR THE PURPOSES OF CONSTRUCTING WATER STORAGE AND DISTRIBUTION CAPITAL IMPROVEMENTS, SUCH DEBT TO CONSIST OF WATER REVENUE BONDS OR OTHER FINANCIAL OBLIGATIONS TO THE STATE OF COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY, SUCH WATER REVENUE BONDS OR OTHER FINANCIAL OBLIGATIONS TO BEAR AN INTEREST RATE AT A MAXIMUM NET EFFECTIVE RATE NOT TO EXCEED 5%s PER ANNUM AND HAVING A TERM NOT TO EXCEED TEN YEARS, SUCH WATER REVENUE BONDS OR OTHER FINANCIAL OBLIGATIONS TO BE ISSUED AT SUCH TIME OR TIMES AND IN SUCH MANNER AND TO CONTAIN SUCH TERMS AND CONDITIONS, NOT INCONSISTENT HEREWITH, AS THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE MAY DETERMINE, SUCH WATER REVENUE BONDS OR OTHER FINANCIAL OBLIGATIONS TO BE PAYABLE SOLELY FROM A PLEDGE OF ALL OR A PORTION OF THE TOWN'S WATER USER SERVICE RATES AND CHARGES WITHOUT INCREASING ANY TAX TO REPAY THE DEBT, AND SHALL SUCH REVENUES DERIVED THEREFROM AND INVESTMENT EARNINGS THEREON BE COLLECTED AND SPENT BY THE TOWN WITHOUT ANY LIMITATION OR CONDITION, AND WITHOUT LIMITING THE COLLECTION OR SPENDING OF OTHER REVENUES OR FUNDS BY THE TOWN OF FIRESTONE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? YES NO Section 2. The officers and employees of the Town are hereby authorized and directed to take all necessary and appropriate action to effectuate the provisions of this Resolution in accordance with Colorado law. 3 Section 3. If a majority of votes cast on the referred measures to authorize the issuance of water revenue bonds or other financial obligations shall be in favor of issuing such water revenue bonds or other financial obligations, the Town shall be authorized to proceed with the necessary action to issue such water revenue bonds or other financial obligations and provide for the repayment thereof in accordance with such measure. TRODUCED, READ, and ADOPTED this day of 1996. Attest: T. -Peterson Town Clerk 020796/938[sar]c.fireston\elect95.res 4 TOWN OF FIRESTONE, COLORADO U Rick Patterson Mayor RESOLUTION NO. /G A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE COUNTY ROAD BUSINESS PARK ANNEXATION, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the County Road Business Park Annexation, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Board of Trustees held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section. 1. The Board of Trustees finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. C. The area proposed to be annexed is urban. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be.annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. I 2481734 B-1538 P-374 03/20/96 03:05P PG 1 OF 4 REC DOC Weld County CO ' Clerk & Recorder 21.00 f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is approximately 116.72 acres in total area and an annexation impact report has been prepared and filed as required by law. k. A plan is in place, pursuant to Section 31-12- 105(1)(e), C.R.S. 1. Reasonable access will not be denied to any landowners, owners of any easement, or the owners of,any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of the area proposed to be annexed have been submitted to the Board of Trustees and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except for general 2 2481734 B-1538 P-374 03/20/96 03:05P PG 2 OF 4 property taxes of the Town of Firestone, which shall be come effective as of the January 1 next ensuing. 5. No election is required under §31-12-107(2), C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition. Section 2. The Board of Trustees concludes, by resolution, that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Board of Trustees, acting in its legislative capacity and pursuant to authority granted to it by state law, may pass an ordinance annexing the subject properties to the Town of Firestone, and if annexed will pass an ordinance zoning the subject property. �TRODUCED, READ, and ADOPTED this J'7' day of �J 1996. TOWN OF FIRESTONE, COLOR -ADO Rick'Patterson Mayor Attest: -L:::! ., T. L. Peterson Town Clerk 021496/1510(sar)c:fireston\CR13Panu,ord (el, resltn) 2481734 B-1538 P-374 03/20/96 03:05P PG 3 OF 4 3 EXHIBIT A to TOWN OF FIRESTONE, COLORADO RESOLUTION NO. LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF SECTION 20, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 20, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN; ,THENCE SOUTH 01051'12" E ALONG THE WEST LINE OF SAID SECTION 20, 2063.11 FEET; THENCE N 63036'21" E, 152.90 FEET; THENCE N 83028'20" E, 1065.90 FEET; THENCE 195.07 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 55°53'00" AND IS SUBTENDED BY A CHORD THAT BEARS N 55031'50" E 187.43 FEET; THENCE N 27035'20" E 664.47 FEET; THENCE 193.78 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 225.00 FEET, A CENTRAL ANGLE 49-20'45" AND IS SUBTENDED BY A CHORD THAT BEARS N 52015'43" E, 187.85 FEET; THENCE N 76056'05" E, 788.25 FEET; THENCE N 73042'08" E, 142.84 FEET; THENCE N 69005'42" E, 709.63 FEET; THENCE 139.49 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 130.00 FEET, A CENTRAL ANGLE OF 61028'50" AND IS SUBTENDED BY A CHORD THAT BEARS S 80009'53" E 132.90 FEET; THENCE S 49°25'28" E 91.46 FEET; THENCE S 65"57'43" E 97.79 FEET; THENCE S 83019'00" E 108.01 FEET; THENCE N 61027'19" E 104.36 FEET; THENCE N 09045'00" W 37.12 FEET; THENCE N 19014'58" W 229.62 FEET; THENCE 76.71 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 75.00 FEET, A CENTRAL ANGLE OF 58036'13" AND IS SUBTENDED BY A CHORD THAT BEARS N 10003'08" E, 73.41 FEET; THENCE N 39021'15" E, 103.79 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 20; THENCE N 02020' 37" W, 355.03 FEET TO THE NORTHEAST CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER; THENCE S 88015'05" W, 1315.49 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 20; THENCE S 89001'20" W, 2597.64 FEET TO THE NORTHWEST CORNER OF SAID SECTION 20 THE POINT OF TERMINATION. SAID PARCEL CONTAINING 116.72 ACRES MORE OR LESS. 4 2481734 B-1538 P--374 03/20/96 03:05P PG 4 OF 4 7eal? 61 - X�IcAvcl RESOLUTION NO. A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR ANNEXATION PETITIONS FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FIRESTONE FIRST ANNEXATION, FIRESTONE SECOND ANNEXATION, FIRESTONE THIRD ANNEXATION AND FIRESTONE FOURTH ANNEXATION, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, petitions for annexation of certain property to be known as the Firestone First Annexation, Firestone Second Annexation, Firestone Third Annexation, and the Firestone Fourth Annexation, have been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the Board of Trustees has reviewed the annexation petitions; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and for zoning; and WHEREAS, the Board of Trustees has reviewed the annexation requests and desires to adopt by this Resolution its findings in regard thereto. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petitions, the legal descriptions for which are attached hereto as Exhibit A, are in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexations comply with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, at the Firestone Town Hall, 150 Buchanan Avenue, Firestone, Colorado 80520, at the following date and time: May 9, 1996 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexations, or the proposed zoning. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexations, and whether the statutory requirements for the proposed annexations have been met, and further, may determine the appropriate zoning of the subject property. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexations are proper under the laws of the State of Colorado, the Board of Trustees will pass one or more ordinances annexing the subject property to the Town of Firestone, and may pass one or more ordinances zoning the subject property. INTRODUCED, READ AND ADOPTED this day of , 1996. Rick Patterson Mayor ATTEST- T.'-'L.' Peterson Town Clerk 031296/1532(sar)c:fireston\wcranxsc.res 'i IPA EXHIBIT A RESOLUTION NO. EXHIBIT A-1 FIRESTONE FIRST ANNEXATION LEGAL DESCRIPTION A TRACT OF LAND ON, OVER AND ACROSS PORTIONS OF SECTIONS 18 AND 19, T2N, R67W, AND SECTION 13, T2N, R68W, ALL OF THE 6TH P.M., WELD COUNTY, COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 18 AS BEARING N 88a48'00" W AS DETERMINED AS GPS OBSERVATIONS OF MONUMENTS AT THE SOUTHEAST CORNER AND AT THE SOUTH QUARTER CORNER OF SAID SECTION 18. BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE S 01012'00" W 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 20; THENCE ALONG SAID LINE N 88048'00" W 2635.81 feet; THENCE N 88°49'50" W 2357.04 FEET; TO A POINT ON THE EAST RIGHT-OF- WAY LINE OF COUNTY ROAD 13; THENCE ALONG SAID LINE S 00'17'41" W 2614.40 FEET; THENCE DEPARTING FROM SAID LINE N 89042'19" W 30.00 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 19; THENCE ALONG SAID LINE N 00'17'41" E 2644.86 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 13; THENCE ALONG THE SOUTH LINE OF SAID SECTION 13, N 89052'39" W 4470.57 FEET; THENCE DEPARTING FROM SAID LINE N 00007'21" E 30.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 20; THENCE ALONG SAID LINE S 89052'39" E 4440.64 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 13; THENCE ALONG SAID LINE N 00015'26" E 2586.70 FEET; THENCE N 00'15'18" E 2586.92 FEET; THENCE DEPARTING FROM SAID LINE S 89'16'16" E 60.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 13; THENCE ALONG SAID LINE S 00015118" W 2586.43 FEET; THENCE S 00°15'26" W 2587.11 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 20• THENCE ALONG SAID LINE S 88049'50" E 2357.99 FEET; THENCE S 88a48'00" E 2635.83 FEET; THENCE DEPARTING FROM SAID LINE S 01012'00" W 30.00 FEET TO THE BEGINNING. The above described tract contains 18.92 acres +or-. Page 6 of 8 pages EXHIBIT A=2 FIRESTONE SECOND ANNEXATION LEGAL DESCRIPTION A TRACT OF LAND ON, OVER AND ACROSS PORTIONS OF SECTIONS 13,14,23 AND 24, T2N, R68W, OF THE 6TH P.M., WELD COUNTY, COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 24 AS BEARING S 00017'41" W AS DETERMINED BY GPS OBSERVATIONS OF MONUMENTS AT THE NORTHEAST CORNER AND AT THE SOUTHEAST CORNER OF SAID SECTION 24, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 24; THENCE ALONG THE EAST LINE OF SAID SECTION S 00017'41" W 2644.86 FEET; THENCE DEPARTING FROM SAID LINE N 89042'19" W 30.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE'OF COUNTY ROAD 13; THENCE ALONG SAID LINE N 00'17'41" E 2614.77 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 20; THENCE ALONG SAID LINE N 89052'39" W 5265.77 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 11; THENCE ALONG SAID LINE S 00009'47" E 2617.68 FEET; THENCE DEPARTING FROM SAID LINE S 89°49'42" W 60.00 FEET TO A POINT ON THE WEST RIGHT--OF-WAY LINE OF COUNTY ROAD 11; THENCE ALONG SAID LINE N 00009'47" W 2647.99 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE ALONG SAID LINE N 89052'19" W 2621.43 FEET; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 14 N 89°49'13" W 2595.45 FEET TO A POINT ON THE EAST LINE OF THE I-25 RIGHT-OF-WAY; THENCE ALONG SAID LINE N 00011'08" E 30.00 FEET TO A POINT ON THE NORTH RIGHT- OF-WAY LINE OF COUNTY ROAD 20; THENCE ALONG SAID LINE S 89049'13" E 2595.43 FEET; THENCE S 89052'19" E 2621.29 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 11; THENCE ALONG SAID LINE N 00'07'34" W 2619.72 FEET; THENCE N 00008'16" W 2621.08 FEET; THENCE DEPARTING FROM SAID LINE S 89051'44" E 60.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 11; THENCE ALONG SAID LINE S 00008' 16" E 2621.08 FEET; THENCE S 00°07' 34" E 2619.99 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 20; THENCE ALONG SAID LINE S 89°52'39" E 825.58 FEET; THENCE DEPARTING FROM SAID LINE S 00007'21" W 30.00 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 13; THENCE ALONG SAID LINE S 89052'39" E 4470.57 FEET TO THE BEGINNING. The above described tract contains 20.52 Acres +or-. Page 7 of 8 pages EXHIBIT A-3 FIRESTONE THIRD ANNEXATION LEGAL DESCRIPTION - A TRACT OF LAND ON, OVER AND ACROSS PORTIONS OF SECTION 23, T2N, R68W,' OF THE 6TH P.M., WELD COUNTY, COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 23 AS BEARING N 89052'19" W AS DETERMINED BY GPS OBSERVATIONS OF MONUMENTS AT THE SOUTHEAST CORNER AND AT THE SOUTH QUARTER CORNER OF SAID SECTION 14. AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23; THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 23 N 89'52'19" W 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING FROM SAID LINE S 00'09'47" E 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 20; THENCE ALONG SAID LINE N 89°52' 19" W 2621.60 FEET; THENCE N 89'49' 13" W 2395.46 FEET TO THE EAST LINE OF THE I-25 RIGHT-OF-WAY; THENCE ALONG SAID LINE N 00010'47" E 30.00 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 23; THENCE ALONG SAID LINE S 89049'13" E 2395.44 FEET; THENCE S 89052'19" E 2621.43 FEET TO THE TRUE POINT OF BEGINNING. The above described tract contains 3.45 Acres +or-. Page 8 of 8 pages • EXHIBIT A FIRESTONE FOURTH ANNEXATION LEGAL DESCRIPTION A TRACT OF LAND ON, OVER AND ACROSS A PORTION OF SECTION 30 T2N, R67W, OF THE 6TH P.M., WELD COUNTY, COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 30 AS BEARING S 89°08'43" E AS DETERMINED BY GPS OBSERVATIONS OF MONUMENTS AT THE NORTH QUARTER CORNER AND AT THE NORTHEAST CORNER OF SAID SECTION 30. BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 30; THENCE S 89008'43" E 30.00 FEET; THENCE S 00022'09" W 30.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 15; THENCE ALONG SAID LINE S 00022'09" W 2610.38 FEET; THENCE N 89037'51" W 60.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 15 ; THENCE ALONG SAID LINE N 00022'09" E 2610.89 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 18; THENCE ALONG SAID LINE N 89008'43" W 1950.87 FEET; THENCE DEPARTING FROM SAID LINE N 00051' 17" E30.00 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE ALONG SAID LINE S 89a08'43" E 1980.61 FEET TO THE BEGINNING. The above descibed tract contains 4.98 acres +or-. Page 6 of 6 pages RESOLUTION NO. �l A RESOLUTION ESTABLISHING BUILDING PERMIT FEES r' WHEREAS the Board of Trustees wishes to set by resolution the amount for certain building permit fees as provided for in the Firestone Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to Sections 15.04.030(A), 15.04.050(A), and 15.04.070(A) of the Firestone Municipal Code, the permit fees required by Section 304 and "Table No. 3-A" of the Uniform Building Code, Section 304 and "Table No. 3-A" of the Uniform Mechanical Code, and Section 30.4 and "Table No. 3-A" of the Uniform Plumbing Code shall be as set forth in the fee schedule attached hereto and incorporated herein as Exhibit A, which fees shall be inclusive of the permit fees required by each such code. Section 2. Pursuant to Section 15.08.020(A),of the Firestone Municipal Code, the electrical permit fees required by the National Electrical Code, shall be as set forth in the fee schedule attached hereto and incorporated herein as Exhibit B. INTRODUCED, READ, Attest: f� T. L. Peterson Town Clerk and ADOPTED +this A day of 1996. 036896/14241sarjc:firestone\builcode.ord 1 TOWN OF FIRESTONE, COLORADO Rick'Patterson Mayor COLORADO INSPECTION AGENCY. INC. S1.00 to 1,000.00 - 25.00 1,001.00 to 1,100.00 - 27.00 1:,101.0c to, 1,200.00 = 29.00 1,201.00 to 11300.00 - 31.00 11301.00 to 1,400.00 - 33.00 1,401.00 to 1,500.00 = 35.00 1,501.00 to 1,600.00 - 37..00 1,601.00 to 1,700.00 - 39.00 1,701.00 to 1,800.00 s 41.00 1,801.00 to 1,900.00 - 43.00 1,901.00 to 2,000.00 - 45.00 2,001.00 to 3,000.00 - 54.00 3,001.00 to 4,000.00 - 63.00 4,001.00 to 5,000.00 - 72.00 5,001.00 to 6,000.00 = 81.00 6,001.00 to 7,000.00 - 90.00 7,001.00 to 8,000.00 - 99.00 8,001.00 to 9,000.00 = 108.00 9,GQ1.00 to 10,000.00 = 117.00 10,cc1.00 to , 000.006 = 126.00 11,001.00 to 12,000.00 = 11-5.00 12,00:.00 to 12,OG0.00 : 144.00 1=, CO1.00 to 14,000.00 = 152.00 14,001.00 to 15,COO. 00 = 162.00 15,001.00 to 16,000.00 = 171.00 16,001.00 to 17,000.00 - 180.00 17,001.00 to 13,000.00 - 189.00 18,001.00 to 19,000.00 198.00 19,001.00 to 20,000.00 207.00' 20,001.00 to 21,000.00 = 216.00 21,001.00 to 22,000.00 = 225.00 22,001.00 to 23,000.00 = 234.00 22,001.00 to 24,000.00 = 243.00 24,001.00 to 25,000.00 = 252.00 25,001.00 to 26,000.00 = 258.50 26,001.00 to 27,000.00 = 265.00 27,001.00 to 28,000.00 = 271.30 28,001.00 to '29,000.00 = 278.00 29,001.00 to 30,000.00 : 284.50 30,001.00 to 31,000.00 - 291.00 31,00i.00 to 32,000.00 = 297.50 32,001.00 to 33,000.00 - 304.00 33,001.00 to 34,000.00 = 310.50 34,001.00 to 35,000.00 = 317.00 35,001.00 to 36,000.00 - 323.50 36,001.00 to 37,000.00 = 330.00 37,001.00 to 38,000.00 = 326.�50 38,001.00 to 39,000.G0 = 243.00 39,001.00 to 40,000.00 = 349.50 40,001.00 to 41,Oc0.00 = 35o.cG 41,001.00 to 42,000.00 = 362.=0 42,001.00 to 43,000.00' = 269.00 43,001.00 to 44,000.00 = 373.50 44,001.00 to 45,000.00 - 362.00 45,001.00 to 46,000.00 = 288.50 46,001.00 to 47,000.00 = 295.00 47,001.00 to 48,000.00 - 401.50 48,001.00 to 49,000.00 = 408.00 ",30, � QOII 00 to 51, 000 . CO = 419.00 75,001.00 to 76,000.00 - 531.5C �1,OC1.00 to 32,000_00 = 42.3.50 76,001.00 to 77,000.00 - 336.00 52,001.00 to 53,OGC.00 428.00 77,001.00 to 78,000.00 = 540.50 52,001.00 to 54,000.00 = 432.50 78,001.00 to 79,000.00 - 545.00 34,001.00 to SS,000.00 = 437.00 79,001.00 to 80,000.00 = 549.50 35,001.00 to 56,000.00 441.50 80,001.00 to 81,000.00 = 554.00 $6,001.00 to 57,000.00 446.00 81,001.00 to 82,000.00 _ 5=8.=0 37,001.00 to 58,000.00 = 450.50 82,001.00 to 23,000.00 = 562.00 58,001.00 to 59,000.00 455.00 82,001.00 to 84,000.00 m 567.50 59,001_00 to 60,000.00 = 459.50 84,001.00 to 85,000.00 = 572.00 60,001-00 to 61,000.00 = 464.00 85,001.00 to 86,000.00 : 576.50 61,001.00 to 62,000.00 = 468.50 86,001_00 to 87,000.00 = 581.00 62,001_00 to 63,000.00 - 473.00 87,001.00 to 88-,000.00 m 585.50 63,OCz.00 to 64,000.00 - 477.50 88,001.00 to 89,000.00 = 590.00 64,001_00 to 65,000.00 = 482.00 89,001.00 to 90,000.00 = 594.50 65,001.00 to 66,000.00 = 486.50 90,001.00 to 91,000.00 s 599.00 66,001.00 to 67,000.00 = 491.00 91,001.00 to 92,000.00 - 603.50 67,001.00 to 68,000.00 = 495.50 92,001.00 to 93,000.00 = 608.00 68,001.00 to 69,000.00 = 500.00 93,001.00 to 94,000.00 = 61„.3 0 69,001.00 to 70,000.00 = 504.50 94,001.00 to 95,000.00 = 617.00 70,001.00 to 71,000.00 = 509.00 95,001.00 to 96,000.00 = 621.50 71,001.00 to 72,000.00 = 5=3.50 96,OGi.00 to 97,COO. 30 = 626.00 7Z,001.00 to '3,,^,GC_CO 518.00 9i,001.00 to 98,000.00 = 630.30 73,OGi.00 to 74,000_00 = 522.50 96,001.00 to 99,000.CC = 6:5.00 74, Oc_ .00 t:. 75 .OGG . 0a = 5::7 . CO 99, 001.00 to 100 , 000.00= 639 _:.0 $iOC,001.00 to S500,000.00 = $039.50 ;or the $100,000.00 plus $3.Zo far each additional $1,000.00 or :rac `on t:erecz, to and including $300,000.00 650C,001.00 to 1,000,00C.00 = S2,039.50 far the f:;rs;. $500,000.00 plus $2.00 far each add"" octal $1,000.00 or fraction r-herscf, to and including $1,000,000.00 S1,000,00_00 aad up = 53,127_50 for the f;:st $1,000,000.00 $1.30 for each additional _plus $1,000.00 or frac `on thereof . . o�o�aoo :r+rs�F�l�o c, y AGENCY, INC-,,-' Municipal &. Private Inspections 1200 W. Ash Street • Windsor, Colorado 80550 (303) 686-7511 ELECTRICAL FEES RESIDENTIAL : This includes single family dwellings, duplexes, condominiums, and townhouses; Construction and extensive remodeling and additions to (based on enclosed living area only). 0 to 500 sq. ft.................................................$28.00 Over 500 sq. ft. and not more than 1,000 sq. ft. ................$44.00 Over 1,000 sq. ft. and not more than 1,500 sq. ft. ..............$63.00 Over 1,500 sq. ft. and not more than 2,000 sq. ft. ..............$78.00 Per 100 sq. ft. in excess of 2,000 sq. ft. ......................$5.00 ALL OTHER FEES, shall be computed on the dollar value of the electrical installations including time and material (total cost to the customer), and such fees shall be computed as follows : Valuation of work : (actual cost to customer - Labor and materials) Not more than $300.00...........................................$37.00 More than $300.00 but not more than $2,000 ......................$44.00 More than $2,000 but not more than $50,000 ......................$17.00 per thousand or fraction thereof of total valuation. More than $50,000 but not more than $500,000 ....................$16.00 per thousand or fraction thereof of total valuation PLUS ........$60.00 More than $500.000..............................................$15.00 per thousand or fraction thereof of total valuation PLUS $640.00 Mobile homes and travel trailer parks per space .................$37.00 Reinspection on all of the above................................$44.00 Constructionmeter..............................................$37.00 COLORADO INSPECTION AGENCY INC. MOBILE HOME, MANUFACTURED HOME, AND FB UNITS LOCATED IN A ZONED MOBILE HOME PARK MOBILE HOMES, MANUFACTURED HOMES, AND FACTORY BUILT UNITS: .......................... $150.00 MOBILE HOMES AND MANUFACTURED HOMES USED AS TEMPORARY STORAGE OR AS AN ACCESSORY STRUCTURE:...........................................................................$75.00 A SEPARATE BUILDING PERMIT AND PLAN CHECK FEE FOR THE FOUNDATION OR BASEMENT WILL BE REQUIRED FOR MOBILE OR MANUFACTURED HO".MES PLACED ON A FOUNDATION OR BASEMENT. OTHER INSPECTIONS AND FEES INSPECTIONS OUTSIDE OF NORMAL BUSINESS HOURS: (minimum charge - two hours) REINSPECTION FEE :........................................................ .................................530.00 per hour ...................................................530.00 each INSPECTIONS FOR W-HICH NO FEE IS SPECIFICALLY INDICATED:............................$30.00 per hour (minimum charge - one half hour) ADDITIONAL PLAN REVIEW REQUIRED BY CHANGES, ADDITIONS, OR REVISIONS TO APPROVED PLANS..............................................................................530.00 per hour (minimum charge - one half hour) INVESTIGATION FEE : THE AMOUNT FOR ANY INVESTIGATION SHALLNOT EXCEED:.......................................................................................................$325.00 per permit PRE -MOVE INSPECTIONS FOR DWELLINGS ANYWHERE WITHIN THIRTY MILES OF TOWN:............................................................................$75.00 ANYWHERE OVER THIRTY MILES FROM TOWN:........................................................................$150.00 PLAN CHECK FEE THIRTY PERCENT OF THE BUILDING PERMIT FEE (ten dollar minimum) RESOLUTION NO. -r A RESOLUTION ESTABLISHING THE WASTE COLLECTION SERVICE CHARGE PURSUANT TO SECTION 8.12.050 OF THE FIRESTONE MUNICIPAL CODE WHEREAS, the Board of Trustees wishes to set, by resolution, the amount of the Town's waste collection service charge as provided for in the Firestone Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to Section 8.12.050 of the Firestone Municipal Code, the waste collection service charge shall be fifteen dollars and fifty cents ($15.50) per month effective April 1, 1996. � �� INTRODUCED, READ, and ADOPTED this �7 day of r ,/ _, 1996. TOWN OF FIRESTONE, COLORADO Attest: T. L. Peterson Town Clerk 031496/1526[tatic:fireston\trashfee.ord 1 RiA Patterson Mayor RESOLUTION NO. 96-8 A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF CERTAIN PROPERTY, TO BE KNOWN AS THE DITTMER ANNEXATION WHEREAS, a petition for annexation of certain property, to be known as the Dittmer Annexation, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the Board has reviewed the petition; and WHEREAS, the Board wishes to permit simultaneous consideration of the subject property for annexation and for zoning, if requested in the petition; and WHEREAS, the Board has reviewed the petition and desires to adopt by this resolution its findings in regard to the petition; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with §31--12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property if requested in the petition, at the Firestone Town Hall, 150 Buchanan Street, Firestone, Colorado 80520, at the following date and time: May 23, 1996 7:30 p.m. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed 1 annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board will pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, SIGNED AND APPROVED this 28th day of March, 1996. ATTEST: NOT. L. Peterson Town Clerk TOWN OF FIRESTONE, COLORADO By Rick Patterson Mayor 2 i EXHIBIT A RESOLUTION NO. 96-8 LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30.00' SOUTHERLY AND 30.00' EASTERLY OF THE NORTHWEST CORNER OF SECTION 24. THENCE S 89042'53" E 2554.03 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 20 TO A POINT BEING 80.00 FEET WEST AND PARALLEL TO THE EAST LINE OF THE NORTHWEST QUARTER. THENCE S 00014'03" W 732.91 FEET, PARALLEL TO THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE N 89042'53" W 1167.74 FEET TO A POINT ON THE CENTERLINE OF A CONCRETE DITCH; THENCE ALONG THE CENTERLINE OF SAID DITCH, S 01037'50" W 84.71 FEET; THENCE N 89°42'53" W 759.79 FEET; THENCE N 00°01'20" W 199.07 FEET; THENCE N 89°42'53" W 650.78 FEET TO A POINT 30.00' EASTERLY OF THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 11, N 00001,20" W 618.54 FEET TO THE POINT OF BEGINNING. CONTAINING 42.79 ACRES, MORE OR LESS. 040496/1222[sar[c:fireston\ditanxsc.res 3 RESOLUTION NO. 'Zo A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE J & M ZADEL ANNEXATION, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the J & M Zadel Annexation, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Board of Trustees held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. C. The area proposed to be annexed is urban. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. 1 f. No land within the boundary of the area proposed to be annexed which is held in identical• ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction. from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is approximately 50 acres in total area as described in Exhibit A, and an annexation impact report has been prepared and filed as required by law. k. A plan is in place, pursuant to Section 31-12- 105(1)(e), C.R.S. 1. Any portion of a ,platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of the area proposed to be annexed have been submitted to the Board of Trustees and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become 2 subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except for general property taxes of the Town of Firestone, which shall become effective as of the January 1 next ensuing. 5. No election is required under §31-12-107(2), C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition. Section 2. The Board of Trustees concludes, by resolution, that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Board of Trustees, acting in its legislative capacity and pursuant to authority granted to it by state law, may pass an ordinance annexing the subject property to the Town of Firestone. INTRODUCED, READ, and ADOPTED this day of 1996. TOWN OF FIRESTONE, COLORADO Rick P tterson Mayor Attest: T.L. Peterson Town Clerk 041896/1052[sar[c:fireston\zadelanx.ord I 1 .4 ki 7 EXHIBIT A to TOWN OF FIRESTONE, COLORADO RESOLUTION NO. IL�� LEGAL DESCRIPTION The southwest quarter ( S.W. 1/4 ) of the southeast quarter ( S.E. 1l4 ) and the westerly 330 feet of the southeast quarter ( S.E. 1/4 ) of the southeast quarter ( S.E. 1/4 ) of section eighteen ( 18 ) township two ( 2 )'north, range sixty-seven ( 67 ) west of the 6th p.m., county of Weld, state of Colorado. 4 RESOLUTION NO. �G - 9 A RESOLUTION ADOPTING A SAFETY POLICY STATEMENT AND ESTABLISHING SAFETY RESPON - SIBILITIES FOR SAFETY COORDINATOR, DEPARTMENT HEADS, SUPERVISORS, AND EMPLOYEES. .'WHEREAS, the Town of Firestone is extremely conscious of the safety of its employees and citizens, and as an employer, recognizes its obligation to ensure the safest possible work environment for -its employees, and as a governmental entity, its obligation to provide a safe environment for the public; and WHEREAS, the Town of Firestone believes that most accidents are preventable and in accordance with this belief, the Town of Firestone has allocated resources to administer an aggressive loss control program; THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE: Each department head is responsible and will be held accountable for the loss control performance within his or her department. A safety coordinator, Trudy Peterson,has been appointed to coordinate an overall loss control program. The safety coordinatov however, is not responsible for line functions which are that of department heads and supervisors. It is expected that department heads will complement efforts of the safety coordinator to reduce accidents and provide for the safety of the public. Theseloss control responsibilities are continuous° -and equal in importance with all other oper- ational considerations. All employees are responsible for cooperating with and supporting the losss control program activities and objectives. All employees are expected to adopt the concept that the safe way to perform a task is the most efficient and only acceptable way to complete the task. Loss control is every employees responsibility. Only with their help can a safe en- vironment for both employees and the citizens be maintained. The attached Safety Responsibilities for a Safety Supervisor, and Employees are hereby adopted and as part of duties and responsibilities thereof. Rick Patterson, Mayor FA Coordinator, Department Head, made part of each job description r.� SAFETY RESPONSIBILITIES FOR SAFETY COORDINATORS 1. . Establish and administer the Safety Program. 2. Develop in City personnel a strong safety attitude and a clear understanding of their duties and responsibilities. 3. Participate actively in the Safety Committee. 4. Review serious accidents personally to ensure that accident causes are being investigated and proper corrective action is being recommended for the prevention of recurrences. 5. Consult directly with all management personnel and employees on safety matters and provide the guidance necessary to assure effective administration. 6. Prepare monthly summaries of accidents and injuries to be submitted to the City Manager and the Safety Committee. 7. Make follow-up investigations when required to insure that unsafe conditions or practices identified by the Safety Committee or the Department Heads have been properly corrected. 8. Periodically evaluate program compliance by making inspections of facilities for hazardous conditions and practices. 9. Coordinate the implementation of the CIRSA Loss Control Standards and cooperate with CIRSA on other loss control matters. 10. Administer the processing and payment of worker's compensation and property casualty claims. 11. Informing the City Manager and Department Heads about the status of safety matters affecting them. 12. Assist supervisors in conducting safety training for all employees. 13. Coordinate appropriate safety engineering considerations in the design of specifications for new equipment and activities with applicable department heads. SAFETY RESPONSIBILITIES FOR SUPERVISORS 1. Provide adequate basic job training and safety instruction to all employees. 2. Provide continuing safety instruction while issuing daily work assignments to focus attention upon potential hazards, changes in work conditions or procedures, etc. 3. Actively support safety procedural measures. 4. Continuously observe and evaluate work conditions and procedures to detect and correct unsafe conditions and practices. 5. Promptly investigate accidents and complete required reports. 6. Be receptive to, and encourage employees to report unsafe practices and conditions and to submit practical suggestions for correction. 7. Participate in training courses designed to increase professional knowledge of safety supervision principles and techniques. 8. Establish and maintain standards in housekeeping and personal and environmental cleanliness in work areas. 9. See that tools, equipment and protective devices are properly maintained and properly utilized. 10. Become familiar with and actively enforce all safety procedures applicable to the work they supervise. -= SAFETY RESPONSIBILITIES FOR EMPLOYEES 1. Promptly report to their supervisors all accidents and injuries occurring within the course of their employment. 2. Cooperate with and assist in investigation of accidents to identify correctable causes and to prevent recurrences. 3. Promptly report to their supervisor all unsafe actions, practices, or conditions they observe. 4. Become familiar with and observe approved safe worts procedures during the course of their work activities. 5. Keep work areas clean and orderly at all times. 6. Avoid engaging in any horseplay and avoid distracting others. 7. Obey all safety rules and follow published work instructions. 8. Wear required protective equipment when working in hazardous operation areas. 9. Wear seat belts when operating any municipal vehicle. _{" SAFETY RESPONSIBILITIES FOR DEPARTMENT HEADS 1. Actively support a departmental safety program that will effectively reduce and control accidents. 2. Develop practical safety rules and procedures pertinent to the activities conducted by the department. 3. Establish and maintain a system of monthly safety inspections. 4. Provide for adequate job training and continuing safety instructions to all employees in the department. Hold each subordinate supervisor fully accountable for an explanation of the preventable losses, collisions, and liability incurred by a departmental employee. 5. Take corrective action for any unsafe condition that is observed which could adversely affect the safety of an employee or the general public. 6. Maintain an effective driver selection and training program for drivers of City vehicles. 7. Coordinate compliance with government safety regulations and • CIRSA Loss Control Standards. 8. Budget for, purchase, and replenish safety equipment as required. w RESOLUTION NO. 9z /D A RESOLUTION CONCERNING THE RIGHT TO INSPECT AND COPY PUBLIC RECORDS OF THE TOWN WHEREAS, the public records of the Town are open for inspection by the public; and WHEREAS, the Town desires to adopt regulations to provide for inspection and copying of such records at reasonable times while avoiding unnecessary interference with the regular duties of the Town Clerk, who is the custodian of those public records; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Inspection of Public Records. A. A person requesting to inspect any public record of the Town shall specify, in writing, each requested record. B. If the requested public record is in storage, or is in active use at the time the custodian receives the request, the custodian shall notify the requesting person of that fact and shall set a date and hour, within three working days, at which the record shall be available for inspection. C. If the requested public record is not in storage or in active use at the time the custodian receives the request, but the custodian is engaged in other duties, at the time the custodian receives the request, that would be impeded by immediate compliance with the request, the custodian shall notify the requesting person of that fact and shall set a date and hour, within three working days, at which the record shall be available for inspection. C. If the requested public record is in the custody or control of someone other than the custodian, the custodian shall notify the requesting person of that fact, and shall inform the person of the location of the record and the name of the individual with custody or control over the record. section 2. copying of Public Records. A. A person requesting to copy any public record of the Town shall specify, in writing, each requested record. B. The custodian shall charge a fee of $1.25 per page for copying each public record, unless the actual cost of copying exceeds that amount, in which case the greater amount shall be charged. 1 • j r C. Prior to fulfilling a request to copy a public record, the custodian shall estimate the cost of copying. If the estimate exceeds $10.00, the custodian shall require the requesting person to deposit the full amount of the estimate with the custodian prior to fulfilling the request. The custodian shall return any amount of the deposit which is in excess of the actual charge, and shall collect any amount by which the actual charge exceeds the amount deposited. No copy shall be released until all amounts due have been paid. D. The custodian shall' fulfill each request to copy a public record within ten working days after receiving the request and, if required under Subsection C above, the deposit. If, however, the custodian is engaged in other duties that would be impeded by the fulfillment of a request within such time period, or the copies are required to be produced at facilities other than those under the control of the custodian, the custodian shall notify the requesting person of that fact and shall inform the person of the date on which the copies will be available. INTRODUCED, READ, and ADOPTED this day of 1996. Attest: Trudy Peterson Town Clerk 050196/1750[tatic:firestone\pubrec.res E TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor RESOLUTION NO. !; // A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHEREAS, the Planning Commission has recommended approval of a map amendment to the Firestone Comprehensive Plan; and WHEREAS, a public hearing was held on said map amendment before both the Commission and the Board of Trustees; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Comprehensive Plan Map Amendment dated &,,,,!!Z /�g / , attached hereto and incorporated herein by refegbn e, is hereby approved and made a part of said Comprehensive Plan. Section 2. An attested copy of said Amendment shall be certified to each governmental body of the territory affected thereby, and filed with the Weld County Clerk and Recorder. INTRODUCED, READ, and ADOPTED this day of 1996. TOWN OF FIRESTONE, COLORADO Attest: C:��z� Trudy Peterson Town Clerk 050996/1627(tat)c:firestonelcompplan.res 1 .6 RESOLUTION NO. ! 6 - r 1 A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FIRESTONE FIRST ANNEXATION, FIRESTONE SECOND ANNEXATION, AND FIRESTONE THIRD ANNEXATION, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A consisting of three pages attached hereto, to be known as the Firestone First Annexation, Firestone Second Annexation, and Firestone Third Annexation, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Board of Trustees held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-1.2-1.05, C.R.S., as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone; contiguity may be established by the annexation of the three parcels described in Exhibit A in a series. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. C. The area proposed to be annexed is urban. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided 1 into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is approximately 38.96 acres in total area consisting of three parcels with areas as described in Exhibit A. k. A plan is in place, pursuant to Section 31-12- 105(1)(e), C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 2 S 3. Four copies of an annexation map of each area proposed to be annexed have been submitted to the Board of Trustees and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except for general property taxes of the Town of Firestone, which shall become effective as of the January 1 next ensuing. 5. NO election is required under §31-12-107(2), C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition. Section 2. The Board of Trustees concludes, by resolution, that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and, the area proposed to be annexed is eligible for annexation to the Town. The Board of Trustees, acting in its legislative capacity and pursuant to authority granted to it by state law, may pass an ordinance annexing the subject properties to the Town of Firestone, and if annexed will pass an ordinance zoning the subject properties as required by law. INTRODUCED, READ, and ADOPTED this 7~ day of 1996. TOWN OF FIRESTONE, COLORADO Attest: T. L. Peterson Town Clerk 050996/1240[sar]c.fireston\WCRannex.ord(1,2,3 res) P R ci k Patterson Mayor EXHIBIT A FIRESTONE FIRST ANN1iXATION LEGAL DESCRUMON A xz= of land on, aver and across portions of Sections 18 and 19, T2N, R67W, sad Settioa 13, TIN, R68W, all of the 6th P.M., Weld County, Colorado. Being More pertieulariy descnbed as follows: Considering the South lint of tha SouthEast Quarter of said Suction IS as busing N 99048*001 W as determined by GPS Observations of rnonum=ts at the SouthEau Carter aril at the South Quarter Corner of said Section 18. BEGINNING at the SouthEast Cornet of Bald Section 18, lheaa S 01912`D4" W 30.00 fea to a point on the South Right -of -Way lino of Cerunty Road 20; the= along said line N 88°48'00" W 2635.91 fact; thence N 8849'50" W 2397.04 feet to a point an the Wert line of the NorthWest Quarter of Raid Section 19; thence &Song said Um N 00* 17'41" E 30.00 fax to the SoudT-4 t Corms of said Section 13; thrace along the South line of said Section 13, N 89*5239" W 5326.01 feet to the SouthWcst Corner of said Section 13; thence along the West line of the SW 114, N 00*0734" W 1740.02 feat; thence departing from said line S 89°52'39* E 30.00 foot to a point on the East Fight-f--Way line of County Road 11; the= along said lisle S 00°0T34" E 1710.02 feet to a point on the Notch Right-d-Way line of Cauuv Read 20; thence along said line S 89052139" E 5266.21 feet to a point on the Wtst Righter Way lice of County Road 13; thecae along said line N 00* 15'26" E 2596.70 feet; the= N 00°15'18* E 2596.92 feet; theace departing from said line S 89916' 16" E 60.00 fat to a point on the East Right-0f= Way line cf County Road 13; th== along said line S 009 5180 W 2586.43 feet; thence S 00015'26" W 2387.11 foci to a point on the North Right -of -Way line of County Road 20; thtaw along Wd line S 88"49'50" E 2357.99 feet; thence S U*43100* E 2635.93 feel; thence departing from said line S 0 V 12100" W 30.00 feet to the BEGODUNG. The above described tract contains 19.89 Ades t . EXHIBIm A FLRESTONE SECOND ANNEXATION LEGAL DESCIZ>l'T10N A tract of land on, over and acrom portions of Sections 13,14,23 and 24, T2N, R68W, of the 6th P.M., weld County, Colorado. Being mare patticalarly d=nbed as folloars: Considering the North line of said Suction 24 as bearing N 8915219" W ax determined by GPS Cbswvauons of monuments at the Norti FAst Coma and at the NorthWest Corner of said Section 24. And with all bearings contained btrain rcladvc thereto. BEGINNING at the: NorthEast Comm of said Swoon 24; talong the East U= of said Swoon S 0001T41" W 30.DD feel to a point on the SoMh Rigbt-d- Way litre of County Road Z0; the= along said line N 89°52'39" W 5295.77 feet to a point on the East Right- d-Way line of County Road 11; thence along said line S D0*05 47" L 2617.69 feet; thence ftarting from said line S 89114942" W 60.00 feat to a point on the West Righter Way line of County Road 11; thcaoe along said fine N 00109'47" W 2647.99 feet to a point on the South line of the SoutbEast QawW of sand Sectkm 14; tltcnae along said line N 89052190 W 2621.43 foci; thence along the South line of the SouthWe n Qwrrter of said Swoon 14 N 89049' 13" W 2395.45 fed to a point on the Fast line of the 1-25 R &-d War , thtm akmg said line N 00019471 E 30.00 feat to a point on the North Right -of --Way line of County Road 20; tbc= along said line S 89°49'13" E 2395.43 feet, thtmae S 89°52'19" E 2621.29 feet to a point on the Wtrst Ri&-of--Way lint of County Road 11; thence along said lint N 00°07'34" W 2619.72 feet; thence N 00*08'16" W 2621.08 feet; thence departing front said line S 89051144" E 60.00 feet to a point on the East Right-of- way lime of County Road 11; thtaae along said lira S 00"' 16" E 2621.03 feet; theses S 0010T34" E 909.98 feet; thence departing Emma said line N 89152'39" W 30.00 fed to a point on the West line: of the SouthWest Quarttr of Said SWioa 13; tbalong said line S 00°0T34" E 1740.02 fart to the SouthWest Corner of said Section 13; theaQe along the South lino of said Soclion 13 S 89°32'39'E 5326.01 feet to the ._ BEGINNING. The above ascribed tract contaiae 16.81 Acres t . EXHIBIT A - FIRESTONE TIiIRD ANNEXATION LEGAL DESCRIPTION A TRACT OF LAND ON, OVL•R AND ACROSS PORTIONS OF SECTION 23, T2N, R68W, OF THE 6TH P. h4. , IVELD COUNTY, COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHEAST. QUARTER OF SAID SECTION 23 AS BEARING N 89052'19" W AS DETERMINED BY GPS OBSERVATIONS OF MONUMENTS AT THE SOUTHEAST CORNER AND AT THE SOUTH QUARTER CORNER OF SAID SECTION 14. AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23; THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 23 N 89052'19" W 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING FROM SAID LINE S 00009'47" E 30.00 FEET TO A POINT ON THE SOUTH RIGHT -OF --WAY LINE OF COUNTY ROAD 20; THENCE ALONG SAID LINE N 89052' 19" W 2621. 60 FEET; THENCE N 89049' 13" W 2395.46 FEET TO THE EAST LINE OF THE I--25 RIGHT--OF-WAY; THENCE ALONG SAID LINE N 00010'47" E 30.00 FEET. TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 23; THENCE ALONG SAID LINE S 89049' 13" E 2395.44 FEET; THENCE S 89052'19" E 2621.43 FEET TO THE TRUE POINT OF BEGINNING. The above described tract contains 3.45 Acres +or-. RESOLUTION NO. g b f I S A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FIRESTONE FOURTH ANNEXATION, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Firestone Fourth Annexation, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Board of Trustees held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. C. The area proposed to be annexed is urban. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. 1 regulations of the Town of Firestone, except for general property taxes of the Town of Firestone, which shall become effective as of the January 1 next ensuing. 5. No election is required under §31-12-107(2), C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition. Section 2. The Board of Trustees concludes, by resolution, that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Board of Trustees, acting in its legislative capacity and pursuant to authority granted to it by state law, may pass an ordinance annexing the subject property to the Town of Firestone, and if.annexed will pass an ordinance zoning the subject property as required by law. INTRODUCED, READ, and ADOPTED this 92z day of 1996. TOWN OF FIRESTONE, COLORADO Attest: T.I. Peterson Town Clerk 050996/1240(sar)c:fireston\WCRannex.ord(4 res) + 4 Rick Patterson Mayor 3 F EXHIBIT A FIRESTONE FOURTH ANNEXATION LEGAL DESCRIPTION A TRACT OF LAND ON, OVER AND ACROSS A PORTION OF SECTION 30 T2N, R67W, OF THE 6TH P.M., WELD COUNTY: COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 30 AS BEARING S 89'08'43" E AS DETERMINED BY GPS OBSERVATIONS OF MONUMENTS AT THE NORTH QUARTER CORNER AND AT THE NORTHEAST CORNER OF SAID SECTION 30. BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 30; THENCE S 89'08'43" E 30.00 FEET; THENCE S 00022'09" W 30.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 15; THENCE ALONG SAID LINE S 00022')9" W 2610.38 FEET; THENCE N 89037'51" W 60.00 FEET TO A POINT ON THE WEST RIGHT--OF-WAY LINE OF COUNTY ROAD 15; THENCE ALONG SAID LINE N 00022'.09" E 2610.89 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 18; THENCE ALONG SAID LINE N 89008'43 W 1950.87 FEET; THENCE DEPARTING FROM SAID LINE N 00051'17** E30.00 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE ALONG SAID LINE S 89008'43" E 1980.61 FEET TO THE BEGINNING. The above descibed tract contains 4.98 acres +or-. RESOLUTION NO. % _/ A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN AND THE CENTRAL WELD COUNTY WATER DISTRICT CONCERNING THE TOWN'S ACQUISITION OF POTABLE WATER STORAGE CAPACITY FROM THE CENTRAL WELD COUNTY WATER DISTRICT. WHEREAS, the Town of Firestone (the "Town"), desires to acquire 700,000 gallons of potable water storage to meet the future potable water demands of the Town (the "Project"); and WHEREAS, pursuant to the provisions of Title 31, Article 35, C.R.S., the Town is authorized to undertake the acquisition, construction, reconstruction, lease, improvement, betterment, or extension of any water facilities; and WHEREAS, the Town has heretofore determined and undertaken to combine, operate, and maintain its water facilities as a public utility and income -producing project (the "System") and accounts for the financial operations of the System in the Town's Water Fund; and WHEREAS, the Central Weld County Water District, a Colorado special district ("District"), is constructing a new 5 million gallon potable water storage tank to be owned and operated by the District, and is willing to enter into an intergovernmental agreement with the Town for the Town's acquisition of 700,000 gallons of water storage within said tank for the benefit of the Town; and WHEREAS, pursuant to C.R.S. §29-1-203, Title 31, Article 35, C.R.S., and the Colorado Constitution, Article XIV, Section 18(2), the Town and the District may cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each, including the planning, construction, acquisition and operation of water facilities; and WHEREAS, the Town and the District desire set forth their understanding and agreement in regard to Town's acquisition of potable water storage from the District; and WHEREAS, the Town has or will acquire funding, in accordance with applicable law, for its acquisition of the 700,000 gallons water storage capacity; and WHEREAS, pursuant to the provisions of Section 20, Article X of the Colorado Constitution, the Town obtained voter approval at the April 2, 1996 regular municipal election for the Town to procure State loans in connection the Project authorizing the issuance of water revenue bonds or other financial obligations for the purpose of funding water capital improvements; and WHEREAS, the Town's obligations under the intergovernmental agreement shall not constitute a general obligation of the Town within the meaning of any constitutional or statutory provision or limitation; and WHEREAS, the Board desires to approve the form of the intergovernmental agreement with the District and authorize the execution thereof; and WHEREAS, none of the members of the Board of Trustees have any financial interest or other potential conflicting interests in connection with the authorization of the Project or the intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed intergovernmental agreement between the Town of Firestone and the Central Weld County Water District regarding the Town's acquisition of 700,000 gallons of water storage within a 5 million gallon potable water storage tank owned and operated by the District is hereby approved in essentially the form as the copy of such intergovernmental agreement accompanying this resolution, except that the Mayor is hereby granted the authority to approve such revisions to said intergovernmental agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the agreement are not altered. NTRODUCED, READ, and ADOPTED this /37�G day of 1996. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor Attest: T. L. Peterson Town Clerk 061396/1027[sar]c:firestone\cwcwdiga.res RESOLUTION'NO. &Z-3 AN RESOLUTION APPROVING AN R-1 PUD OUTLINE DEVELOPMENT PLAN FOR THE PROPOSED TIMBERLAND SUBDIVISION WHEREAS, an application for the approval of a R-1 PUD Overlay District Outline Development Plan has been submitted to the Town by Timberland Construction, L.L.C., represented by James Orr; and WHEREAS, the landowners of the property have requested and consented to the PUD application; and WHEREAS, the application proposes development of the Property as a PUD Overlay District over an R-1 zoning district; and WHEREAS, the materials related to the Outline Development Plan have been reviewed by Town staff and the Planning Commission and found to be in compliance with the Firestone Zoning Ordinances, and related policies; and WHEREAS, the Board of Trustees provided notice by publication and held a public hearing as provided by law; and WHEREAS, an R-1 PUD Overlay District zoning classification is consistent with the Town's plan for the area; and WHEREAS, the Firestone Planning Commission, after notice and public hearing', has reviewed the application and has recommended the Board of Trustee's approval of the application; and WHEREAS, the Board of Trustees finds that said PUD Outline Development Plan, for the proposed Timberland Subdivision should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the PUD Outline Development Plan for the proposed Timberland Subdivision, a copy of which is attached hereto, is hereby approved I RODUCED, READ, and ADOPTED this day of 1996. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor Attest: T. Peterson wc Clerk 071196/727(sar}c:firestone\timbrpud.res RESOLUTION NO.��p AN RESOLUTION APPROVING A PUD OUTLINE DEVELOPMENT PLAN KNOWN AS THE GILLESPIE PUD. WHEREAS, an application for the approval of a PUD Zone District Outline Development Plan has been submitted to the Town by the Gillespie Family Partnership, LTD; and WHEREAS, the landowners of the property have requested and consented to the PUD application; and WHEREAS, the application proposes development of the Property as a PUD Zone District in accordance with Title 17 of the Firestone Municipal Code; and WHEREAS, the materials related to the Outline Development Plan have been reviewed by Town staff and the Planning Commission and found to be in compliance with the Firestone Zoning Ordinances, and related policies; and WHEREAS, the Board of Trustees provided notice by publication and held a public hearing as provided by law; and WHEREAS, a PUD Zone District classification is consistent with the Town's plan for the area; and WHEREAS, the Firestone Planning Commission, after notice and public hearing, has reviewed the application and has recommended the Board of Trustee's approval of the application; and WHEREAS, the Board of Trustees finds that said PUD Outline Development Plan for the proposed Gillespie PUD should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the PUD Outline Development Plan for the proposed Gillespie PUD, a copy of which is attached hereto, is hereby approved. INTRODUCED, READ, and ADOPTED this day of 1996. 1 TOWN OF FIRESTONE, COLORADO /WJ FFr. it Mayor Xlkv - 1-ir-01 Attest: el� - ---) . L. Peterson Town Clerk 072395/1125[sarjc:firestone\gillpud.res RESOLUTION NO. -// A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE DITTMER ANNEXATION, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Dittmer Annexation, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Board of Trustees held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for.annexation. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. C. The area proposed to be annexed is urban. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. 01 f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real. estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is approximately 42.79 acres in total area and an annexation impact report has been prepared and filed as required by law. k. A plan is in place, pursuant to Section 31-12- 105 (1) (e) , C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of the area proposed to be annexed have been submitted to the Board of Trustees and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become 2 subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except for general property taxes of the Town of Firestone, which shall be come effective as of the January 1 next ensuing. 5. No election is'required under §31-12-107(2), C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition. Section 2. The Board of Trustees concludes, by resolution, that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Board of Trustees, acting in its legislative capacity and pursuant to authority granted to it by state law, may pass an ordinance annexing the subject property to the Town of Firestone, and if annexed may pass an ordinance zoning the subject property. INTRODUCED, READ, and ADOPTED this day of 1996. TOWN OF FIRESTONE, COLORADO R±ek-Past-ersorr !yJ / is E �i § E Mayor AAO-TEfi Attest: T. L. Peterson Town Clerk 072496/1123[sar]c:fireston\dittanx.ord EXHIBIT A to TOWN OF FIRESTONE, COLORADO RESOLUTION NO. %G /7 LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30.00' SOUTHERLY AND 30.00' EASTERLY OF THE NORTHWEST CORNER OF SAID SECTION 24, SAID POINT LYING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 11 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 20; THENCE S 89042'53" E 2554.03 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE TO A POINT, SAID POINT BEING 80.00 FEET WEST OF, AND PARALLEL TO, THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 24; THENCE S 00014'03" W 732.91 FEET ALONG SAID PARALLEL LINE; THENCE N 89042'53" W 1167.74 FEET TO A POINT ON THE CENTERLINE OF AN EXISTING CONCRETE DITCH; THENCE ALONG THE CENTERLINE OF SAID DITCH, S 01037'50" W 84.71 FEET; THENCE N 89°42'53" W 759.79 FEET; THENCE N 00001' 20" W 199.07 FEET; THENCE N 89°42' 53" W 620.77 FEET TO A POINT 30.00' EASTERLY OF, AND PARALLEL TO, THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 24; SAID LINE ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 11; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, N 00°01'20" W 618.54 FEET TO THE POINT OF BEGINNING. CONTAINING 42.79 ACRES, MORE OR LESS. 4 RESOLUTION NO. Q/ AN RESOLUTION APPROVING A PUD OUTLINE DEVELOPMENT PLAN KNOWN AS THE DEL REY SUBDIVISION OUTLINE DEVELOPMENT PLAN. WHEREAS, an application for the approval of a PUD Zone District Outline Development Plan has been submitted to the Town by G. L. Dittmer and D. F. Dittmer; and WHEREAS, the landowners of the property have requested and consented to the PUD application; and WHEREAS, the application proposes development of the Property as a PUD Zone District in accordance with Title 17 of the Firestone Municipal Code; and WHEREAS, the materials related to the Outline Development Plan have been reviewed by Town staff and the Planning Commission and found to be in compliance with the Firestone Zoning Ordinances, and related policies; and WHEREAS, the Board of Trustees provided notice by publication and held a public hearing as provided by law; and WHEREAS, a PUD Zone District classification is consistent with the Town's plan for the area; and WHEREAS, the Firestone Planning Commission, after notice and public hearing, has reviewed the application and has recommended the Board of Trustee's approval of the application; and WHEREAS, the Board of Trustees finds that said PUD Outline Development Plan for the proposed Del Rey Subdivision PUD should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the PUD Outline Development Plan for the proposed Del Rey Subdivision PUD, a copy of which is attached hereto, is hereby approved. NTRODUCED, READ, and ADOPTED this day of 1996. I TOWN OF FIRESTONE, COLORADO - 1�-P-a-t-ex-ao iJ7�/fs cS 6 Mayor , a— 7j-5:,v Attest: It I Town Clerk 072496/1123[sar)o:firestone\dittanx.ord , RESOLUTION NO. 74 / 9 A RESOLUTION PRESCRIBING WATER RATES AND CHARGES FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town operates a municipal water system; and WHEREAS, the Town and the Central Weld County Water District are parties to various intergovernmental agreements concerning the provision of water service and facilities to the Town; and WHEREAS, pursuant to such intergovernmental agreements, the District has increased charges pertaining to the provision of water service to the Town; and WHEREAS, after review and analysis of the costs of providing, operating and maintaining the Town's water system, and in consideration of the District's increases, the Board of Trustees has determined that increases in the water system rates and charges are necessary to correspond with District increases and the Town's increased operating costs. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Water rates and charges. The following monthly rates and charges shall be imposed for water service received through the Town of Firestone water system: Monthly Minimum Charge for 5,000-15,000 15,000-20,000 Over 20,000 Meter First Per 1,000 Per 1,000 Per 1,000 Size 5,000 Gallons Gallons Used Gallons Used Gallons Used 5/8" $19.12 $1.10 $1.20 $1.30 3/4" $29.92 $1.10 $1.20 $1.30 1 $55.42 $1.10 $1.20 $1.30 1-1/2" $80.22 $1.10 $1.20 $1.30 2" $135.22 $1.10 $1.20 $1.30 Section 2. Connection fees, capital investment and repair charges, The following connection fees, capital investment and repair charges shall be imposed, except that the Town of Firestone shall not be required to pay such connection fees for irrigation sprinkler systems for any public parks, rights -of -way, open space, or medians, or any facility developed, owned or paid for by the Town. Capital Meter Connection Investment Size _ Charge_ __ _ and Repair Total 5/8" $3,800 $600 $4,400 3/4" $5,800 $600 $6,400 1" $11,800 $600 $12,400 Connection fees, capital investment and repair charges for taps requiring a meter larger than one inch shall be determined by the Board of Trustees on an individual basis considering such factors as type of use, contemplated volume demand for water, effect on the entire water system in the Town and all other factors relevant to the application. Pursuant to the terms of an Intergovernmental Agreement for Water Main Extension ("Agreement") by and between the Town, the Central Weld County Water District ("CWCWD"), the Town of Frederick and the City of Dacono dated February 16, 1994, the foregoing connection fees may be reduced by the amount set forth below for new water taps purchased to provide water service to any lot platted prior the January 1, 1994, which lot is located within the present Town boundaries. Such reduction shall only apply to the first twenty five water taps purchased for such platted lots after CWCWD has completed the water line and increased its fees in accordance with the Agreement. Meter Tap Size 5/8" 3/4" 1" Reduction Amount $2,000 $3,000 $6,000 INTRODUCED, READ, and ADOPTED this Z�F day of _.cy , 1996. 67 TOWN OF FIRESTONE, COLORADO 6 Rick Patterson Mayor ATTEST: _ 11-1z� T.L. Peterson Town Clerk RESOLUTION NO. 6;;Vo� A RESOLUTION ESTABLISHING THE WASTE COLLECTION SERVICE CHARGE PURSUANT TO SECTION 8.12.050 OF THE FIRESTONE MUNICIPAL CODE WHEREAS, the Board of Trustees wishes to set, by resolution, the amount of the Town's waste collection service charge as provided for in the Firestone Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to Section 8.12,050 of the Firestone Municipal Code, the waste collection service charge shall be twelve dollars and five cents ($12.05) per month effective September 1, 1996. INTRODUCED, READ, and ADOPTED this day of , 1996. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor ATTEST: T.L. Peterson Clerk RESOLUTION NO. 96-21 A RESOLUTION ESTABLISHING THE AMOUNT OF THE CAPITAL IMPROVEMENT FEE REQUIRED PURSUANT TO CHAPTER 3.20 OF THE FIRESTONE MUNICIPAL CODE. WHEREAS, the Board of Trustees wishes to set by resolution the amount of the capital improvement fee provided for in Chapter 3.20 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees of the Town of Firestone hereby determines that the fee set herein is reasonably designed to defray the overall costs of the services or facilities for which the fees are imposed, and that the fees reasonably relate to the needs created or contributed to by new development. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: section 1. The capital improvement fee due and payable at the time of issuance of a certificate of occupancy pursuant to Section 3.20.010 of the Firestone Municipal Code, which fee shall be paid prior to the issuance of a certificate of occupancy, shall be five thousand dollars ($5,000.00) per residential dwelling unit. I RODUCED, READ, and ADOPTED this W.7-01 day of 1996. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor Attest: Trudy Peterson Town Clerk 082996/1607[tat]c:Firestone\Capiapr_res RESOLUTION NO. A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorizes the application by the Town to the Northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fee, shall be submitted to the District by the Town Clerk. T ODUCED, READ, and ADOPTED this ��1 day of 1996. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor Attest: Trudy Peterson Town Clerk 091796/1141[tatic:firestone\NCNCDapp.res RESOLUTION NO. 96-23 A RESOLUTION ESTABLISHING THE AMOUNT OF THE CAPITAL IMPROVEMENT FEE REQUIRED PURSUANT TO CHAPTER 3.20 OF THE FIRESTONE MUNICIPAL CODE. WHEREAS, the Board of Trustees wishes to set by resolution the amount of the capital improvement fee provided for in Chapter 3.20 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees of the Town of Firestone hereby determines that the fee set herein is reasonable designed to defray the overall costs of the services or facilities for which the fees are imposed, and that the fees reasonably relate to the needs created or contributed to by new development. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The capital improvement fee due and payable at the time of issuance of a certificate of occupancy pursuant to Section 3.20.010 of the Firestone Municipal Code, which fee shall be paid prior to the issuance of a certificate of occupancy, shall be five thousand dollars ($5,000.00) per residential dwelling unit. Section 2. Discounts shall be made according to the following schedule due to in process projects and to encourage expeditious development: October 1, 1996 - December, 31 1996 -$5,000.00 January 1, 1997 - December, 1997 -$3,000.00 January 1, 1998 - December 31, 1998 -$2,000.00 January 1, 1999 - December 31, 1999 -$./;000.00 After December 31, 1999 0 INTRODUCED, READ, and ADOPTED this/D day of Gec!C�f , 1996. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor ATTEST: T.L. Peterson Town Clerk RESOLUTION NO. yG 'oI�/ A RESOLUTION OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A CONTRACT BETWEEN THE TOWN AND THE COLORADO DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE MAYOR TO EXECUTE SUCH CONTRACT ON BEHALF OF THE TOWN; AND AUTHORIZING THE MAYOR, TOWN CLERK AND TOWN STAFF TO DO ALL THINGS NECESSARY IN FURTHERANCE OF THE PERFORMANCE OF SUCH CONTRACT. WHEREAS, The Town has previously executed a Letter of Understanding with Union Pacific Railroad Company ("UPRR") for the purchase by the Town of a parcel of land totalling approximately 276 acres, more or less, and formerly known as a portion of UPRR's Dent Branch right-of-way; and WHEREAS, The purchase of such property is to be financed in part by federal funds administered through the Colorado Department of Transportation; and WHEREAS, As a requirement of federal funding, the Town must execute a contract with the Colorado Department of Transportation concerning the disbursement and administration of federal funds; and WHEREAS, The Town is authorized to contract with the Colorado Department of Transportation under the authority of sections 29-1- 203, 31-15-101 and 43-2-144, C.R.S., as amended; and WHEREAS, The Town Board has reviewed the proposed contract with the Colorado Department of Transportation, a copy of which is attached hereto as Exhibit A, and finds and determines that execution of such contract is in the best interest of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board hereby approves that certain Contract by and between the Town and the Colorado Department of Transportation, for funding of the purchase of a portion of UPRR's Dent Branch right-of-way (Project No. STE M440-001 (11620), a copy of which is attached hereto as Exhibit A ( "the Contract") . The Mayor is authorized and directed to execute such contract on behalf of the Town, upon final approval of said contract by the Town Attorney. A true copy of such contract has been deposited with the Clerk of the Town and is available for public inspection as the Clerk's office. Section 2. The Mayor, Town Clerk and Town staff are hereby directed to do all things necessary on behalf of the Town to perform the obligations of the Town under the Contract. 1 . _i y.3 Section 3. The Town has estimated the total cost of the project described in the Contract to be $140,000.00, with $131,250.00 of such cost eligible for participating federal funds. The Town is prepared to and shall, in the manner provided by law and the Contract, provide twenty percent (200), or $26,250.00, of the $131,250.00 in project costs eligible for participation. The Town is further prepared to and shall, in the manner -provided by law and the Contract, provide an additional overmatch. in the amount of $8,750.00. INTRODUCED, READ, and ADOPTED this 14th day of November, 1996. Attest: Trudy Peterson Town Clerk 111496/1235fsj1]c:Fireston\Rails.Res TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor RESOLUTION NO. A RESOLUTION ESTABLISHING THE MAXIMUM SALARIES OF THE TOWN CLERK, CHIEF OF POLICE, POLICE SERGEANT, PATROLMAN, MAINTENANCE MAN, DEPUTY CLERK, TEMPORARY SUMMER MAINTENANCE HELPER, AND VACATION RELIEF PATROLMAN, FOR THE FISCAL YEAR 1997 FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Board of Trustees of the Town of Firestone, Colorado has adopted a budget for the fiscal year 1997 setting forth revenues and expenditures for said fiscal year; and WHEREAS, certain moneys contained in the adopted budget have been designated for salaries for officers and employees of the Town of Firestone; NOW, THEREFORE BE IT RESOLVED by the Board of Trustees of the Town of Firestone that the following salaries be set for the various officers and employees of the Town of Firestone for the fiscal year beginning January 1, 1997 and ending December 31, 1997. Town Clerk Chief of Police Police Sergeant Patrolman Town Maintenance Man Deputy Clerk Maintenance Helper Vacation Relief Officer $2,600.00 per month $2,600.00 per month $2,300.00 per month $2,100.00 per month $2,300.00 per month $ 10.50 per hour $ 7.50 per hour $ 8.00 per hour INTRODUCED, READ AND ADOPTED THIS 19TH DAY OF DECEMBER, 1996. Mayor ATTEST: Town Clerk RESOLUTION NO._o2G A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. INTRODUCED, READ, AND ADOPTED this Z� day of 1996. TOWN OF FIRESTONE, COLORADO Rick Patterson, Mayor ATTEST: T.L. Peterson, Town Clerk RESOLUTION NO. - W % A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. INTRODUCED, READ, AND ADOPTED this 1504 day of 1996. TOWN OF FIRESTONE, COLORADO Rick Patterson, Mayor ATTEST: T.L. Peterson, Town Clerk 1997 RESOLUTIONS 97-1 Finding substantial compliance - Teets Annex. - Public Hearing 97-2 Approving appli. renewal temp. use permit - NCWC District 97-3 Finding substantial compliance - fifth & Sixth Annex. Town of Firestone - Public Hearing 97-4 Petition for annexation - Teets Annexation - eligible^for annex. 97-5 Resolutions concerning Fifth & Sixth Annexation to the Town of Firestone - eligible for annexation 97-6 Finding substantial compliance - Firestone Development Annex. - Public Hearing 97-7 Approving Intergovernmental agreement - concerning fair contributions between the town & St. Vrain Valley School District - RE-1J 97-8 Concerning petitions - Firestone Development Annex. - eligible for annex. 97-9 97-10 St. Wain Valley Schools - Town of Firestone 97-11 Ameddi°ng Firestone Development Regulations - Fees Appeals & Variance 97-12 Finding substantial compliance - Del Camino Central Annex. - Public Hearing 97-13 Concerning two petitions - Del Camino Central- Eligible for annex. 97-14 Concerning three petitions - Firestone Development'.Annex. 97-15 Establishing waste,collection service charge - 1997 RESOLUTIONS 97-1 Finding substantial compliance - Teets Annexation - Public Heariing RESOLUTION NO. 97-1 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE TEETS ANNEXATION, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property described in Exhibit A, to be known as the Teets Annexation, has been filed with the Town Clerk of the Town of Firestone, Colorado and referred to the Board of Trustees of the Town of Firestone for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and for zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLOR -ADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with 931-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property if requested in the petition, at the Firestone Town Hall, 150 Buchanan Avenue, Firestone, Colorado 80520, on Thursday, February 27, 1997, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees will pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and 1997. ATTEST: Trudy Peterson Town Clerk ADOPTED this day of 2 r -- --- -- I-- � V"-41a4k- — Rick Patterson - Mayor EXHIBIT A LEGAL DESCRIPTION: TEETS ANNEXATION ANNEXATION PARCEL NO. 1 A tract of land on over and across a portion of Sections 20 and 29, T2N, R67W, of the 6th P.M., Weld County, Colorado. Being more particularly described as follows: All of Section 20, Township 2 North, Range 67 West of the 6th PM, except the East 1/2 of the Northeast 1/4 and the parcel annexed to the City of Firestone as County Road Business Park and all of The Northwest 1/4 of Section 29 and the North 30 feet of the Northeast 1/4 of Section 29, Township 2 North, Range 67 West of the 6th PM. The above described parcel contains 683 Acres, more or less ANNEXATION PARCEL NO.2 A tract of land on over and across a portion of Section 17, T2N, R67W, of the 6th P.M., Weld County, Colorado. Being more particularly described as follows: Considering the South Line of the Southwest Quarter of said Section 17 as bearing N8900112011E as determined from the County Road Business Park Annexation. And with all bearings contained herein relative thereto. with— all at the Southwest corner of said Section 17, along the West line of the Southwest Quarter of said Section 17 N0005814011W 30.00 feet to a point on the North Right -of -Way line of County Road 20; thence along said line N8900112011E 649.34 feet; thence departing from said line N0005814011W 19.00 feet to a point on the North Right -of -Way line of County Road 20 according to the plat of Casagrande Estates - First Addition, recorded at Reception No. 1601380 in Envelope No. 522 in the records of Weld County; thence along said line N89001' 20 "E 1948.93 feet; thence N00014' 13 t1W 1.00 feet; thence N88014' 5911E 327.39 feet; thence S00005' 3011E 1.00 feet; thence N8801510511E 947.74 feet to a point on the westerly boundary of Lot B as described in Recorded Exemption No. 1311-17-1-RE498 at Reception 1860962 in Book 939 in the records of Weld County; thence N01043'58"W 614.77 feet; thence N8801610211E 105.00 feet; thence N0104315811W 660.00 feet; thence S88"16'02"W 670.00 feet; thence N54054134"E 2395.42 feet to a point 30 feet West of the East line of Section 17; thence S0004014011W parallel to said East line of Section 17 1921.07 feet; thence S21038'1211W 81.56 feet to a point of curve to the right;thence Southwesterly, 199.62 feet along the arc of said curve to a point of tangent, said arc having a radius of 165.00 feet, a delta angle of 6911910011 and being subtended by a chord that bears S56017142"W 187.66 feet; thence N8900248W 395.81 feet; thence N76058'5811W 153.75 feet; thence S00059'5811W 574.76 feet to a point 30' North of the South line of the east half of said Section 17; thence S8801510511E parallel to said south line, 713.85 feet; thence S00°40' 01"W 60.06 feet; thence S88015' 0511E 1284.18 feet to a point on the easterly boundary of the aforementioned County Road Business Park; thence N01044'55"W 30.00 feet to a point on the South line of the Southeast Quarter of Said Section 17; thence along said line S8801510511W 1315.49 feet to the South Quarter Corner of said Section 17; thence along the South line of the Southwest Quarter of said Section 17 S89001' 20'"W 2597.64 feet to the BEGINNING. The above described parcel contains 64.92 Acres, more or less ANNEXATION PARCEL NO. 3 A tract of land on over and across a portion of Section 17, T2N, R67W, of the 6th P.M., Weld County, Colorado. Being more particularly described as follows: Considering the North Line of the Northeast Quarter of said Section 17 as bearing N89021'22"E. And with all bearings contained herein relative thereto. Commencing from the Northeast corner of said Section 17; thence along the North line of the Northeast 1/4 a distance of 330.00 feet to the point of BEGINNING; thence S0005910511W, 1389.94 feet to a point on the approximate centerline of the South Platte Supply Canal (Coal Ridge Ditch) as described in Recorded Exemption No. 1311-17-1-RE498 of the records of Weld County; thence along said centerline N30056' 05"E, 182.82 feet; thence N47°55' 15"E, 95 . 06 feet; thence N55034140"E, 104.76 feet; thence N67037145"E, 58.42 feet to a point 30.00 feet due East of the East line of Section 17; thence S0005910511W, along a line 30.00 feet west of said East line of Section 17 a distance of 1544.14 feet to a point on the North boundary of Teets Annexation No.2; thence along said North Boundary S5405413411W, 2395.42 feet to a point on the east boundary of Casagrande Estates First Addition, a Subdivision in the County of Weld, State of Colorado, According to the recorded plat thereof; thence along said East boundary N01043158"W 424.82 feet to a point of curve to the left; thence Northwesterly, 670.45 feet along the arc of said curve to a point of tangent, said arc having a radius of 750.00 feet, a delta angle of 51013108" and being subtended by a chord that bears N27020132"W, 648.35 feet; thence N5205710611W, 118.29 feet to the Southerly most point of LOT A as described in the Record Exemption No. 1311-17-RE498 of the records of Weld County; thence N3700210511E along the Easterly boundary of said LOT A, 645.98 feet; thence N52056' 55"W, 485.34 feet; thence N72021' 27"W, 210.65 feet to a point on the East line of the aforementioned Casagrande Estates First Addition; thence N02001'55"W, 707.88 feet; thence S8705810511W, 155.32 feet; thence NO2°01'55"W, 646.77 feet; thence S88043'05"W, 44.96 feet; thence N01016'55"W, 255.00 feet to a point of curvature; thence Northeasterly, 110.72 feet along the arc of a curve, concave to the Northwest, to a point of reverse curve, said arc having a radius of 50.00 feet, a delta angle of 126052'11" and being subtended by a chord that bears N2501615911E, 89.44 feet; thence Northwesterly, 32.18 feet along the arc of said reverse curve to a point tangent, said arc having a radius of 50.00 feet, a delta angle of 3605211111 and being subtended by a cord that bears N19043'01"W, 31.62 feet; thence N01016'55"W, 295.00 feet to the Northeast Corner of said Casagrande Estates First Addition, to a point on the North line of the Northwest 1/4 of said Section 17; thence N8804310511E 148.15 feet along the North line of the Northwest 1/4 of said Section 17 to the North 1/4 Corner of said Section 17; Thence N88042'40"E 2396.57 feet along the North line of the Northeast 1/4 of said Section 17 to the point of BEGINNING. The above described parcel contains 183.16 Acres, more or less RESOLUTION NO. 97- A RESOLUTION APPROVING AN APPLICATION FOR THE RENEWAL OF A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. The Board of Trustees hereby authorizes the application by the Town to the Northern Colorado Water Conservancy District for the renewal of a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. INTRODUCED, READ, AND ADOPTED THIS /J� day of 1997. TOWN OF FIRESTONE, COLORADO Rick Patterson, Mayor ATTEST: *.LPe!e�rsLon, RESOLUTION NO. 97-3 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR TWO ANNEXATION PETITIONS FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FIRESTONE FIFTH ANNEXATION AND THE FIRESTONE SIXTH ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, two petitions for annexation of certain property to be known as the Firestone Fifth Annexation and the Firestone Sixth Annexation, to be annexed in a series, have been filed by the Board of County Commissioners of Weld County, Colorado, with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town of Firestone for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petitions; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject properties for annexation and for zoning, if requested in the petitions; and WHEREAS, the Board of Trustees has reviewed the petitions and desires to adopt by Resolution its findings in regard to the petitions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petitions, the legal descriptions for which are attached hereto as Exhibit A and incorporated herein by reference, are in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexations comply with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject properties, if requested in the petitions, at the Firestone Town Hall, 150 Buchanan Avenue, Firestone, Colorado 80520, on Thursday, April 10, 1997, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexations, or the proposed zoning if requested in the petitions. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexations, and whether the statutory requirements for the proposed annexations have been met, and further, will determine the appropriate zoning of the subject properties if requested in the petitions. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexations are proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject properties to the Town of Firestone, and will pass one or more ordinances zoning the subject properties if requested in the petitions. INTRODUCED, READ, i , 1997. ATTEST: eat Trudy Peterson Town Clerk and ADOPTED this % day of Rick Patterson Mayor 022697/1836Esj1)c:Fireston\CR.22.res (substantial compliance) 2 . f i EXHIBIT, A Resolution 97-3 FIRESTONE FIFTH ANNEXATION LEGAL DESCRIPTION A tract of (and situate in Sections 7 and 18, T2N, R67W, and Section 12, T2N, R68W, all of the 6th P.M., Weld County, Colorado. Being more particularly described as follows: Considering the South line of the SouthEast Quarter of said Section 7 as bearing N 89,115155" W as determined by monuments found at the SouthEast comer and South Quarter Corner of said Section 7, and with all bearings contained herein relative thereto. Commencing at the South East Corner of said Section 7; thence N 8995'55" W 30.00 feet to a point on the West Right -of Way fine of County Road 15 said point being the TRUE POINT OF BEGrINNZNG; thence along said line S 00110'34" W 30.00 feet to a point on the South Right -of -Way line of County Road 22; thence along said line N 8911555" W 2591.91 feet; thenceN 89°30'42" W 2335.43 feet to a point on the West line of the NorthWest Quarter of said Section 18; thence along said line N 00115'23" E 30.00 feet to the SouthEzst Corner of said Section 12; thence along the South line of said Section 12, N 89009'34" W 2662.71 feet to the South Quarter Corner of sand Section 12; thence N 89c09'28" 1Y 2699.43 feet to the SouthNvcst Corner of said Section 12; thence along the West tine of the SouthlWest Quarter of said Section 12, N 00°05129" W 30.00 feet to a point on the North Fight -of -Way lane of County Road 22; thence along said line S 89009'28" E 2699.91 feet; thence S S9109'34" E 2662,62 feet to the East line of the SouthEast Quarter of said Section 12; thence continuing along the North Fight -of -Way line of County Road 22, S 89"W42" L- 2335.59 feet, thence S 89'15'55" E 2591.45 feet to a point on the West Right -of -Way line of County Road 15; thence along said line S 0001014" W 30.00 feet to the TRUE POINT OF BEGINNING. The above described tract contains 10.4S Acres f. 60 'd Z0:81 flH1 t6-2-63J 41 =c'dc Lc:°\ N6:_YD!x ?ari oz) S0'Li ;P.:=�) L6. C7,'E3: Fo-ESTONTE SLXTFE ANNEXATION LEGAL DESCRIPTION A tract of land situate in Sections 11, 13 and 14, T2N, R68W, all of the 6th P.M., Weld County, Colorado. Being more particularly described as follows: Considering the North line of the NOrthEast Quarter of said Section 13 as bearing N 89009134" W as determined by monuments found at the North.East Corner and North Quarter Corner of said Section 13, and with all bearings contained herein relative thereto. BEGR4NITNG at the North East Corner of said Section 13; thence S 0095'23" W 30.00 feet to a point on the South Riglit-of-Way line of County Road 22; thence along said line N 89009'34" W 2663.02 feet; thence N,89109128" W 2699.32 feet to the West line of the Non,hWest Quarter of said Section 13; t.hence continuing along the South Right-of-1Vay line of County Road 22, N 89°34'33" W 1308.89 feet; thence N 89"34'14" W 1309.02 feet; thence N 89139'06" W 1310.46 feet; thence N 89°38'55" W 1261.15 feet to a point on the East Right -of -Way line of I-25; thence along said line N 01034'05" E 60.01 feet to a point on the'North Right -of -Way lire of County Road 22; thence along said line S 8998'55" E 1259.88 feet; thence S 89°39'06" E 1310.51 feet; thence S 8994114" E 1309.05 feet; thence S 89134'33" E 1309.70 feet to a point on the East line of the SoutllEast Quarter of said Section 11; thence along said line S 00108'07" E 30.00 feet to the North\Vest Corner of said Section 13; thence along the North line of said Section 13, S 89009'28" E 2699.43 feet to the North Quartcr Corner of said Section 13; thence S 89009'34" E 2662.71 feet to the BEGINNING. The above described tract contains 10.94 Acres 1. c 1 .d S0 : 91 flH1 L6-H-833 RESOLUTION NO. A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE TEETS ANNEXATION, AND FINDING THE AREAS PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Teets Annexation, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN IF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the areas proposed to be annexed are contiguous with the Town of Firestone; in accordance with C.R.S. §31-12-104(1)(a), contiguity may be established by the annexation of the three parcels described in Exhibit A in a series. b. A community of interest exists between the areas proposed to be annexed and the Town of Firestone. C. The areas proposed to be annexed are urban or will be urbanized in the near future. d. The areas proposed to be annexed are integrated with or are capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a 1 dedicated street, road, or other public way. f. No land within the boundary of the areas proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the areas proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is comprised of three separate parcels, each parcel having a total area as follows: Teets Annexation Parcel No. 1, 683 acres; Teets Annexation Parcel No. 2, 64.92 acres; Teets Annexation Parcel No. 3, 183.16 acres. k. A plan is in place, pursuant to Section 31-12- 105(1)(e), C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of the areas proposed to be annexed have been submitted to the Town Board and are on file with the City. 2 4. Upon the annexation ordinances becoming effective, all lands within the areas proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January 1 next ensuing. S. No election for annexation of the areas proposed to be annexed has been held in the preceding twelve months, and no election is required under §§31-12-107(2) or -112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent (100%) of the areas proposed to be annexed, excluding streets and alleys, signed the petition requesting annexation, in compliance with Article 11, Section 30 of the Colorado Constitution and §31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the areas proposed to be annexed are eligible for annexation to the City. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. INTRODUCED, READ, and ADOPTED this day of�/������,, 1997. ATTEST: 4ru&dvy Peterson Town Clerk 012797/2036I9ji}c:Firestone\Teetl.res 3 Rick Patterson Mayor EXHIBIT A LEGAL DESCRIPTION: TEETS ANNEXATION ANNEXATION PARCEL NO. 1 A tract of land on over and across a portion of Sections 20 and 29, T2N, R67W, of the 6th P.M., Weld County, Colorado. Being more particularly described as follows: All of Section 20, Township 2 North, Range 67 west of the 6th PM, except the East 1/2 of the Northeast 1/4 and the parcel annexed to the City of Firestone as County Road Business Park and all of The Northwest 1/4 of Section 29 and the North 30 feet of the Northeast 1/4 of Section 29, Township 2 North, Range 67 West of the 6th PM. The above described parcel contains 683 Acres, more or less ANNEXATION PARCEL NO.2 BEGINNING at the Southwest corner of said Section 17, along the West line of the Southwest Quarter of said Section 17 N0005814011W 30.00 feet to a point on the North Right -of -Way line of County Road 20; thence along said line N8900112011E 649.34 feet; thence departing from said line N0005814011W 19.00 feet to a point on the North Right -of -Way line of County Road 20 according to the plat of Casagrande Estates - First Addition, recorded at Reception No. 1601380 in Envelope No. 522 in the records of Weld County; thence along said line N8900112011E 1948.93 feet; thence N00014113"W 1.00 feet; thence N8801415911E 327.39 feet; thence S00005'30"E 1.00 feet; thence N88015'05"E 947.74 feet to a point on the westerly boundary of Lot B as described in Recorded Exemption No. 1311-17-1-RE498 at Reception 1860962 in Book 939 in the records of Weld County; thence N0104315811W 614.77 feet; thence N8801610211E 105.00 feet; thence N0104315811W 660.00 feet; thence S88°16'02"W 670.00 feet; thence N5405413411E 2395.42 feet to a point 30 feet West of the East line of Section 17; thence S0004014011W parallel to said East line of Section 17 1921.07 feet; thence S2103811211W 81.56 feet to a point of curve to the right;thence Southwesterly, 199.62 feet along the arc of said curve to a point of tangent, said arc having a radius of 165.00 feet, a delta angle of 69019,00" and being subtended by a chord that bears S56017'4211W 187.66 feet; thence N8900248W 395.81 feet; thence N7605815811W 153.75 feet; thence S0005915811W 574.76 feet to a point 30' North of the South line of the east half of said Section 17; thence S88015'05"E parallel to said south line, 713.85 feet; thence S00040' 01"W 60.06 feet; thence S88°15' 05"E 1284.18 feet to a point on the easterly boundary of the aforementioned County Road Business Park; thence N0104415511W 30.00 feet to a point on the South line of the Southeast Quarter of Said Section 17; thence 4 along said line S88"15'05"W 1315.49 feet to the South Quarter Corner of said Section 17; thence along the South line of the Southwest Quarter of said Section 17 S8900112011W 2597.64 feet to the BEGINNING. The above described parcel contains 64.92 Acres, more or less ANNEXATION PARCEL NO. 3 Commencing from the Northeast corner of said Section 17; thence along the North line of the Northeast 1/4 a distance of 330.00 feet to the point of BEGINNING; thence S0005910511W, 1389.94 feet to a point on the approximate centerline of the South Platte Supply Canal (Coal Ridge Ditch) as described in Recorded Exemption No. 1311-17-1-RE498 of the records of Weld County; thence along said centerline N30056' 05"E, 182.82 feet; thence N47055' 15 "E, 95.06 feet; thence N55034'40"E, 104.76 feet; thence N67037145"E, 58.42 feet to a point 30.00 feet due East of the East line of Section 17; thence S0005910511W, along a line 30.00 feet west of said East line of Section 17 a distance of 1544.14 feet to a point on the North boundary of Teets Annexation No.2; thence along said North Boundary S54054134"W, 2395.42 feet to a point on the east boundary of Casagrande Estates First Addition, a Subdivision in the County of Weld, State of Colorado, According to the recorded plat thereof; thence along said East boundary N01043'58"W 424.82 feet to a point of curve to the left; thence Northwesterly, 670.45 feet along the arc of said curve to a point of tangent, said arc having a radius of 750.00 feet, a delta angle of 51013108" and being subtended by a chord that bears N27020132"W, 648.35 feet; thence N52057106"W, 118.29 feet to the Southerly most point of LOT A as described in the Record Exemption No. 1311-17-RE498 of the records of Weld County; thence N3700210511E along the Easterly boundary of said LOT A, 645.98 feet; thence N52056' 55"W, 485.34 feet; thence N72°21' 27"W, 210.65 feet to a point on the East line of the aforementioned Casagrande Estates First Addition; thence N02001'55"W, 707.88 feet; thence S8705810511W, 155.32 feet; thence N02001155"W, 646.77 feet; thence S8043'0511W, 44.96 feet; thence N01°16'55"W, 255.00 feet to a point of curvature; thence Northeasterly, 110.72 feet along the arc of a curve, concave to the Northwest, to a point of reverse curve, said arc having a radius of 50.00 feet, a delta angle of 126052'll" and being subtended by a chord that bears N2501615911E, 89.44 feet; thence Northwesterly, 32.18 feet along the arc of said reverse curve to a point tangent, said arc having a radius of 50.00 feet, a delta angle of 36052111" and being subtended by a cord that bears N19043101"W, 31.62 feet; thence N0101615511W, 295.00 feet to the Northeast Corner of said Casagrande Estates First Addition, to a point on the North line of the Northwest 1/4 of said Section 17; thence N88°43105"E 148.15 feet along the North line of the Northwest 1/4 of said Section 17 to the North 1/4 Corner of said Section 17; Thence N88042'40"E 2396.57 feet along the North line of the Northeast 1/4 of said Section 17 to the point of BEGINNING. The above described parcel contains 183.16 Acres, more or less 5 RESOLUTION NO. � A RESOLUTION CONCERNING TWO PETITIONS FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FIRESTONE FIFTH ANNEXATION AND THE FIRESTONE SIXTH ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREAS PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, two petitions for annexation of property described in Exhibit A attached hereto, to be known as the Firestone Fifth Annexation and the Firestone Sixth Annexation to the Town of Firestone, have been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petitions and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN IF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the areas proposed to be annexed are contiguous with the Town of Firestone; in accordance with C.R.S. §31-12-104(1)(a), contiguity may be established by the annexation of the two parcels described in Exhibit A in a series. b. A community of interest exists between the areas proposed to be annexed and the Town of Firestone. C. The areas proposed to be annexed are urban or will be urbanized in the near future. d. The areas proposed to be annexed are integrated with or are capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided 1 into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the areas proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the areas proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is comprised of two separate parcels, each parcel having a total area as follows: Firestone Fifth Annexation, 10.48 acres; Firestone Sixth Annexation, 10.84 acres. k. A plan is in place, pursuant to Section 31-12- 105(1) (e), C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 2 3. Four copies of an annexation map of the areas proposed to be annexed have been submitted to the Town Board and are on file with the City. 4. Upon the annexation ordinances becoming effective, all lands within the areas proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January 1 next ensuing. 5.' No election for annexation of the areas proposed to be annexed has been held in the preceding twelve months, and no election is required under §§31-12-107(2) or -112, C.R.S. 5. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent (100%) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and §31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexations are proper under the laws of the State of Colorado and the areas proposed to be annexed are eligible for annexation to the City. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject properties to the Town of Firestone. INTRODUCED, READ, and ADOPTED this 1,e day of 1997. Rick Patterson Mayor ATTEST: Trudy Peterson Town Clerk 022697/1840[sjl]c:Fireston\CR22(el).res (eligibility res) 6 '20W ZS = °N NO i iVOINrlYi OD ?0 : L I (nlil) Lb . UZ 'H33 EXHIBIT A FIRESTONE FIF t'H ANNEXATION - LEGAL DESCRIPTION A tract of land situate in Sections 7 and 18, T2N, R67W, and'Section 12, T2N, R68W, all of the 6th P.M., Weld County, Colorado. Being more particularly described as follows: Considering the South line of the Southwast Quarter of said Section 7 as bearing N 89015'55" W as determined by monuments found at the SouthEast corner and South Quarter Corner of said Section 7, and with all bearings contained herein relative thereto. Commencing at the South East Corner of said Section 7; thence N 89°15'55" W 30.00 feet to a point on the West Right -of -Way line of County Road 15 said point being the TRUE POINT OF BEGINNLNG; thence along said line S 00° 10'34" W 30.00 feet to a point on the South Right -of -Way line of County Road 22; thence along said line N 89°15'55" W 2591.91 feet; thence N 89°30'42" W 2335.43 feet to a point on the West line of the NorthWest Quarter of said Section 18; thence along said line N 00°15'23" E 30.00 feet to the Southwest Corner of said Section l2; thence along the South line of said Section 12, N 89009'34" W 2662.71 feet to the South Quarter Corner of said Section 12; thence N 89009'28" W 2699.43 feet to the Southwest Corner of said Section 12; thence along the West line of the Southwest Quarter of said Section 12, N 00105'29" W 30.00 feet to a point on the North Right -of -Way line of County Road 22; thence along said line S 99°09'28" E 2699:91 feet; thence S 89°09'34" E 2662.62 feet to the East fine of the Southwast Quarter of said Section 12; thence continuing along the North Right -of -Way line of County Road 22, S 89°30'42" E2335.59 feat; thence S 89115'55" E 2591.45 feet to a point on the West Right -of -Way line of County Road 15; thence along said line S 00010'34" W 30.00 feet to the TRUE POINT OF BEGINNING. The above described tract contains 10.48 Acres t. 60'd zo:ei nHI L6-oz-833 5i 'a`Jdd Lss;ox NoilyouNnhwoo 50 Lt UIHi) L6. 0Z 'SWd FIRESTONE` SIXTH ANNEXATION LEGAL DESCRIPTION A tract of land situate in Sections 11, 13 and 14, T2N, R68W, all of the 6th P.M., Weld County, Colorado. Being more particularly -described as follows: . Considering the North -line of the NorthEast Quarter of said Section 13 as bearins N 891109'34" W as determined by monuments found at the NorthEast Corner and North Quarter Corner of said Section 13, and, with all bearings contained herein relative thereto. BEGINNING at the North East Corner of said Section 13; thence S 00°15'23" W 30.00 feet to a point on the South Right -of -Way line of County Road 22; thence along said line N 89009'34" W 2663.02 feet; thence N 89109'28" W 2699.32 feet to the West line of the NorthWest Quarter of said Section 13; thence continuing along the South Right -of -Way line of County Road 22, N 8913433" W 1309.88 feet; thence 89*34'14" W 1309.02 feet; thence N 89°39106 W 1310.46 feet; thence N 89°38'55" W 1261.15 feet to a point on the East Right -of -Way line of I-25; thence along said line N 011,34105" E 60.01 feet to a point on the North Right -of -Way line of County Road 22; thence along said line S 8998'55" E 1259.89 feet; thence S 89°39'06" E 1310.51 feet; thence S 89134114" E 1309.05 feet; thence S 89134'33" E 1309.70 feet to a point on the East line of the SouthEast Quarter of said Section 1 1; thence along said line S 00108'07" E 30.00 feet to the NorthWest Corner of said Section 13; thence along the North line of said Section 13, S 891109'28" E 2699.43 feet to the North Quartcr Corner of said Section 13; thence S 89009'34" E 2662.71 feet to the BEGINNING. The above described tract contains 10.84 Acres ;i:. 5i 'd 50:91 nH1 L6-H-83J RESOLUTION NO. 97-6 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR THREE ANNEXATION PETITIONS FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FIRESTONE DEVELOPMENT ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, three petitions for annexation of certain property to be known as the Firestone Development Annexation, to be annexed in a series, have been filed by Dennis and Carolyn Seewald with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town of Firestone for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petitions; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject properties for annexation and for zoning, if requested in the petitions; and WHEREAS, the Board of Trustees has reviewed the petitions and desires to adopt by Resolution its findings in regard to the petitions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petitions, the legal descriptions for which are attached hereto as Exhibit A and incorporated herein by reference, are in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexations comply with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject properties, if requested in the petitions, at the Firestone Town Hall, 150 Buchanan Avenue, Firestone, Colorado 80520, on Thursday, June 12, 1997, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexations, or the proposed zoning if requested in the petitions. X Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexations, and whether the statutory requirements for the proposed annexations have been met, and further, will determine the appropriate zoning of the subject properties if requested in the petitions. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexations are proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject properties to the Town of Firestone, and will pass one or more ordinances zoning the subject properties if requested in the petitions. INTRODUCED, READ, and ADOPTED this ,V,4 day of April, 1997. Rick Patterson Mayor ATTEST: T ' dy Peterson Town Clerk 042197/1529[sjl]o:Firentan\Seewald.ren (mubmt=tial cvmpliauce) A I EXHIBIT A LEGAL DESCRIPTION: ANNEXATION PARCEL NO. 1 A tract of land located in the south one-half of Section 6, and the north one-half of Section 7, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, described as follows: Beginning at the southwest corner of said Section 6, said corner being the POINT OF BEGINNING, from which the west one -quarter corner of said Section 6 bears N00022'35''E a distance of 2754.28 feet; Thence N00°22'35 ''E, along the west line of the southwest one - quarter of said Section 6, a distance of 12.26 feet to the southwest corner of Lot ''B '' Recorded Exemption No. 1311-06-3-RE 1824; Thence along the south line of said Recorded Exemption the following four (4) courses: Thence N85°24'51''E a distance 392.05 feet to a point of curvature; Thence along a curve to the right a distance of 183.76 feet, said curve having a radius of 1500.00 feet, a central angle of 07'01'09 '', and a chord which bears N88°55'22 ''E a distance of 183.65 feet, to a point of tangency; Thence S87034101 " E a distance of 1617.26 feet to the southeast corner of said Recorded Exemption; Thence N30°21'00''E a distance of 11.28 feet; Thence S88°54'28''E, along a line 30.00 feet distant and parallel to the south line of the southwest one -quarter of said Section 6, a distance of 226.35 feet; Thence S88°08'33''E, along a line 30.00 feet distant and parallel to the south line of the southeast one -quarter of said Section 6, a distance of 2640.53 feet to the east line of said Section 6; Thence S01°31'06''W, along said east line, a distance of 30.00 feet to the northeast corner of said Section 7; Thence S01°31'04 ''W, along the east line of said Section 7, a distance of 30.00 feet; Thence N88008133" W, along a line 30.00 feet distant and parallel to the north line of the northeast one -quarter of said Section 7, a distance of 2640.49 feet; Thence N88°54'28 ''W, along a line 30.00 feet distant and parallel to the north line of the northwest one -quarter of said Section 7, a distance of 2391.41 feet; Thence S00024'30''W, along a line 30.00 feet distant and parallel to the west line of the northwest one -quarter of said Section 7, a distance of 2674.63 feet; Thence N89035'57 " W a distance of 30.00 feet to the west one - quarter corner of said Section 7; Thence N00°24'30'' E, along the west line of the northwest one - quarter of said Section 7, a distance of 2704.99 feet to the POINT OF BEGINNING; Said tract containing 9.277 acres more or less, and having a perimeter of 15,585.01 feet LEGAL DESCRIPTION: ANNEXATION PARCEL NO. 2 A tract of land located in the southwest one -quarter of Section 7, Township 2 North, Range 67 West of the 6th P.M., and the east one-half of Section 12 and the east one-half of Section 1, Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado, described as follows: Beginning at the southeast corner of said Section 1, said corner being the POINT OF BEGINNING, from which the east one -quarter corner of said Section 1 bears N00°22'35 ''E a distance of 2754.28 feet; Thence S00024130''W, along the east line of the northeast one - quarter of said Section 12, a distance of 2704.99 feet to the east one -quarter corner of said Section 12; Thence S89°35157 " E a distance of 30.00 feet to a point on the easterly right of way line of Weld County Road 13; Thence S00°23136" W, along said easterly right of way line, a distance of 2703.62 feet; Thence N89012111" W a distance of 60.00 feet to the westerly right of way line of Weld County Road 13; Thence N00°23136 ''E, along said westerly right of way line, a distance of 2703.20 feet; Thence N00024130 ''E, continuing along said westerly right of way line, a distance of 2704.99 feet; Thence N00°22135" E, continuing along said westerly right of way line, a distance of 1979.85 feet; Thence S87020147 " E, departing said westerly right of way line, a distance of 30.02 feet to the east line of the southeast one - quarter of said Section 1; f Thence S00°22'35" W, along said east line, a distance of 1978.67 feet to the POINT OF BEGINNING; Said tract containing 6.950 acres more or less, and having a perimeter of 14,895.34 feet LEGAL DESCRIPTION: ANNEXATION PARCEL NO. 3 A tract of land located in the southwest one -quarter and the southeast one -quarter of Section 6, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, described as follows: Commencing at the southwest corner of said Section 6, from which the west one -quarter corner of said Section 6 bears N00°22135 " E a distance of 2754.28 feet. Thence N00022135" E a distance of 12.26 feet along the west line of the southwest one -quarter of said Section 6 to the POINT OF BEGINNING; Thence N00°22135 " E a distance of 1966.41 feet along the west line of the southwest one -quarter of said Section 6; Thence S87020155" E, departing said west line, a distance of 64.23 feet to a point of non -tangent curvature; Thence along a curve to the right a distance of 1101.76 feet, said curve having a radius of 1413.73 feet, a central angle of 44*39108 '', and a chord which bears N46028'10''E a distance of 1074.09 feet to a point of non -tangency; Thence S87020155 " E a distance of 1625.96 feet along the east - west centerline of said Section 6 to the center of said Section 6; Thence S01014159''W a distance of 1343.50 feet along the north - south centerline of said Section 6 to the north line of the south one-half of the southeast one -quarter of said Section 6; Thence S87044'39''E a distance of 500.44 feet along a segment of the north line of the south one-half of the southeast one -quarter of said Section 6; Thence S30021100" W, departing said north line, a distance of 1505.21 feet; Thence N87034101" W a distance of 1617.26 feet to a point of curvature; Thence along a curve to the left a distance of 183.76 feet, said curve having a radius of 1500.00 feet, a central angle of 07001'09 '', and a chord which bears S88055'22 " W a distance of 183.65 feet, to a point of tangency; Thence S85024'51''W a distance of 392.05 feet to the POINT OF BEGINNING.; Said tract containing 148.309 acres more or less, and having a perimeter of 10,300.57 feet. RESOLUTION NO. 97-7 A RESOLUTION OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR PUBLIC SCHOOL SITES BETWEEN THE TOWN AND THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J. WHEREAS, the Town and the St. Vrain valley School District RE- iJ have negotiated a proposed Intergovernmental Agreement Concerning Fair Contributions for Public School Sites; and WHEREAS, growth in residential land development and the construction of new residential dwellings in the Town necessitates that the Town adopt a method to ensure Fair Contributions for Public School Sites; and WHEREAS, the Town Board desires to enter into the proposed Intergovernmental Agreement Concerning Fair Contributions for Public School Sites, and finds that such agreement is in the best interest of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board hereby approves that certain Intergovernmental Agreement Concerning Fair Contributions for Public School Sites, by and between the Town of Firestone and the St. Vrain valley School District RE-1J, a copy of which is attached hereto as Exhibit A ("the IGA"). section 2. The Mayor and Town Clerk are authorized and directed to execute such IGA on behalf of the Town. A true copy of the fully -executed IGA shall be deposited with the Clerk of the Town and available for public inspection as the Clerk's office. Section 3. The Mayor, Town Clerk and Town staff are hereby directed to do all things necessary on behalf of the Town to perform the obligations of the Town under the IGA. INTRODUCED, READ, and ADOPTED this 8th day of May, 1997. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor Attest: Qd Ev Peterson Town Clerk OSO697/1337[ojl]c:Fireeton\Sehool.res RESOLUTION NO. 97-6 A RESOLUTION CONCERNING THREE PETITIONS FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FIRESTONE DEVELOPMENT ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREAS PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, three petitions for annexation of property described in Exhibit- A attached hereto, to be' known as the Firestone Development Annexation to the Town of Firestone, have been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petitions and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN IF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the areas proposed to be annexed are contiguous with the Town of Firestone; in accordance with C.R.S. §31-12-104(1)(a), contiguity may be established by the annexation of the three parcels described in Exhibit A in a series. b. A community of interest exists between the areas proposed to be annexed and the Town of Firestone. C. The areas proposed to be annexed are urban or will be urbanized in the near future. d. The areas proposed to be annexed are integrated with or are capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written 1 consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the areas proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the areas proposed to be annexed without the written consent of the landowners. g. Nora nexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town.of Firestone in any one year. j. The territory proposed to be annexed is comprised of three separate parcels, each parcel having a total area as follows: Annexation Parcel No. 1, 9.277 acres; Annexation Parcel No. 2, 6.950 acres; Annexation Parcel No. 3, 148.309 acres. k. A plan is in place, pursuant to section 31-12- 105 (1) (e) , C.R.S,. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of the areas proposed to be annexed have been submitted to the Town Board and are on file with the City. 4. Upon the annexation ordinances becoming effective, all lands within the areas proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January 1 next ensuing. S. No election for annexation of the areas proposed to be annexed has been held in the preceding twelve months, and no election is required under §§31-12-107(2) or -112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent (1000) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and §31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexations are proper under the laws of the State of Colorado and the areas proposed to be annexed are eligible for annexation to the City. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject properties to the Town of Firestone. INTRODUCED, READ, and ADOPTED this � dy of all/ ei , 1997. ATTEST: Ttudy Peterson Town Clerk Rick Patterson Mayor 042197/1535{ejl)c:Fireeton\seewaldl.res (eligibility roe) 3 EXHIBIT A LEGAL DESCRIPTION: ANNEXATION PARCEL NO. 1 A tract of land located in the south one-half of Section 6, and the north one-half of Section 7, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, described as follows: Beginning at the southwest corner of said Section 6, said corner ,being the POINT OF BEGINNING, from which the west one -quarter corner of said Section 6 bears N00°22'35''E a distance of 2754.28 feet; Thence N00°22'35''E, along the west line of the southwest one - quarter of said Section 6, a distance of 12.26 feet to the southwest corner of Lot ''B '' Recorded Exemption No. 1311-06-3-RE 1824; Thence along the south line of said Recorded Exemption the following four (4) courses: Thence N85°24'51''E a distance 392.05 feet to a point of curvature; Thence along a curve to the right a distance of 183.76 feet, said curve having a radius of 1500.00 feet, a central angle of 07°01'09 and a chord which bears N88°55122''E a distance of 183.65 feet, to a point of tangency; Thence S87034101 " E a distance of 1617.26 feet to the southeast corner of said Recorded Exemption; Thence N30°21'00''E a distance of 11.28 feet; Thence S88°54'28''E, along a line 30.00 feet distant and parallel to the south line of the southwest one -quarter of said Section 6, a distance of 226.35 feet; Thence S88°08133''E, along a line 30.00 feet distant and parallel to the south line of the southeast one -quarter of said Section 6, a distance of 2640.53 feet to the east line of said Section 6; Thence S01°31'06''W, along said east line, a distance of 30.00 feet to the northeast corner of said Section 7; Thence S01°31104''W, along the east line of said Section 7, a distance of 30.00 feet; Thence N88008133''W, along a line 30.00 feet distant and parallel to the north line of the northeast one -quarter of said Section 7, a distance of 2640.49 feet; Thence N88°54'28 ''W, along a line 30.00 feet distant and parallel to the north line of the northwest one -quarter of said Section 7, a distance of 2391.41 feet; Thence S00024130" W, along a line 30.00 feet distant and parallel to the west line of the northwest one --quarter of said Section 7, a distance of 2674.63 feet; Thence N89°35'57 '' W a distance of 30.00 feet to the west one - quarter corner of said Section 7; Thence N0002413011 E, along the west line of the northwest one - quarter of said Section 7, a distance of 2704.99 feet to the POINT OF BEGINNING; Said tract containing 9.277 acres more or less, and having a perimeter of 15,585.01 feet LEGAL DESCRIPTION: ANNEXATION PARCEL NO. 2 A tract of land located in the southwest one -quarter of Section 7, Township 2 North, Range 67 West of the 6th P.M., and the east one-half of Section 12 and the east one-half of Section 1, Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado, described as follows: Beginning at the southeast corner of said Section 1, said corner being the POINT OF BEGINNING, from which the east one -quarter corner of said Section 1 bears N00°22135" E a distance of 2754.28 feet; Thence S00°24'30''W, along the east line of the northeast one - quarter of said Section 12, a distance of 2704.99 feet to the east one -quarter corner of said Section 12; Thence S89°35'57 ''E a distance of 30.00 feet to a point on the easterly right of way line of Weld County Road 13; Thence S00°23'36''W, along said easterly right of way line, a distance of 2703.62 feet; Thence N89°12'11''W a distance of 60.00 feet to the westerly right of way line of Weld County Road 13; i Thence N00°23'36''E, along said westerly right of way line, a distance of 2703.20 feet; Thence N00°24'30''E, continuing along said westerly right of way line, a distance of 2704.99 feet; Thence N00°22'35 ''E, continuing along said westerly right of way line, a distance of 1979.85 feet; Thence S87°20'47 ''E, departing said westerly right of way line, a distance of 30.02 feet to the east line of the southeast one - quarter of said Section 1; Thence S00°22135 ''W, along said east line, a distance of 1978.67 feet to the POINT OF BEGINNING; Said tract containing 6.950 acres more or less, and having a perimeter of 14,895.34 feet iLEGAL DESCRIPTION: ANNEXATION PARCEL NO. 3 A tract of land located in the southwest one -quarter and the southeast one -quarter of Section 6, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, described as follows: Commencing at the southwest corner of said Section 6, from which the west one -quarter corner of said Section 6 bears N00°22'35''E a distance of 2754.28 feet. Thence N00°22'35 ''E a distance of 12.26 feet along the west line of the southwest one -quarter of said Section 6 to the POINT OF BEGINNING; Thence N00022'35 ''E a distance of 1966.41 feet along the west line of the southwest one -quarter of said Section 6; Thence S87020'55 ''E, departing said west line, a distance of 64.23 feet to a point of non -tangent curvature; Thence along a curve to the right a distance of 1101.76 feet, said curve having a radius of 1413.73 feet, a central angle of 44°39'08'', and a chord which bears N46°28'10 ''E a distance of 1074.09 feet to a point of non -tangency; Thence S87020'55''E a distance of 1625.96 feet along the east - west centerline of said Section 6 to the center of said Section 6; Thence S01°14'59''W a distance of 1343.50 feet along the north - south centerline of said Section 6 to the north line of the south one-half of the southeast one -quarter of said Section 6; Thence S87044'39 ''E a distance of 500.44 feet along a segment of the north line of the south one-half of the southeast one -quarter of said Section 6; Thence S30°21100 " W, departing said north line, a distance of 1505.21 feet; Thence N87°34101" W a distance of 1617.26 feet to a point of curvature; Thence along a curve to the left a distance of 183.76 feet, said curve having a radius of 1500.00 feet, a central angle of 07001'09 '', and a chord which bears S88°55122 " W a distance of 183.65 feet, to a point of tangency; Thence S85024151" W a distance of 392.05 feet to the POINT OF BEGINNING.; Said tract containing 148.309 acres more or less, and having a perimeter of 10,300.57 feet. I RESOLUTION NO 97-10 WHEREAS, the St. Vrain Valley Schools are extremely important not only to the education of our children but to the population in general of the St. Vrain Valley; and WHEREAS, the St. Vrain Valley schools have experienced significant growth within the last few years an since the last bond issue for capital improvements; and WHEREAS, the St. Vrain Valley School I)istrict will be asking voters to approve an important bond election question on November 4, 1997; NOW, THEREFORE, we the members of the Board of Trustees of the Town of Firestone authorize the use of the name of our organization in support of the bond election and offer our name to the used in advertising and other forms of support and endorsement. READ, ADOPTED AND SIGNED this 28th day of August, 1997. Rick Patterson - Mayor FA61:&16 T.L. Peterson - Clerk ii, L ON, • 'POT a 1 11 RESOLUTION NO. 9,14-11 A RESOLUTION AMENDING THE FIRESTONE DEVELOPMENT REGULATIONS TO SET FORTH THE APPLICATION FEES FOR APPEALS AND VARIANCE REQUESTS TO THE FIRESTONE -'BOARD OF ADJUSTMENT t. WHEREAS, by Ordinance No. 369, the powers, duties and .responsibilities of the Firestone Board of Adjustment were transferred to the Town of Firestone Planning and Zoning Commission; and WHEREAS, in conjunction with the passage of such ordinance, the Town Board finds it is necessary and appropriate to amend the Firestone Development Regulations to set forth the application fees for appeals and variance requests to the Firestone Board of Adjustment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Exhibit C of the Firestone Development Regulations, entitled "Fees and Charges" is hereby amended to add to add the following..two.-lines -to-the Development. Activity and Cost Lists. Development Activity cost Appeal to Board of Adjustment . . . . . . . . . .$100.00 Variance Request . . . . . . . . . . . . . . . . .$100.00 XJIRODUCE READ, and ADOPTED this day of 1997. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor Attest: rudy Peterson Town Clerk 082197/1009(djl]t:Fireetcn\HOAfeea.ree RESOLUTION NO. 97-12 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR TWO ANNEXATION PETITIONS FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE DEL CAMINO CENTRAL ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, two petitions for annexation of certain property to be known as the Del Camino Central Annexation, to be annexed in a series, have been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town of Firestone for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petitions; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject properties for annexation and for zoning, if requested in the petitions; and WHEREAS, the Board of Trustees has reviewed the petitions and desires to adopt by Resolution its findings in regard to the petitions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petitions, the legal descriptions for which are attached hereto as Exhibit A and incorporated herein by reference, are in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexations comply with §31-12-104, C.R.S. and with 931-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject properties, if requested in the petitions, at the Firestone Town Hall, 150 Buchanan Avenue, Firestone, Colorado 80520, on Thursday, October 23, 1997, at 7:30 P.M. section S. Any person may appear at such hearing and present evidence relative to the proposed annexations, or the proposed zoning if requested in the petitions. Section.6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexations, and whether the statutory requirements for the proposed annexations have been met, and further, will determine the appropriate zoning of the subject properties if requested in the petitions. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexations are proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject properties to the Town of Firestone, and will pass one or more ordinances zoning the subject properties if requested in the petitions. INTRODUCED, READ, and ADOPTED this day of September, 1997. -- O Way *ftw Rick Patterson ATT � �� Mayor � r AAr A Trudy Peterson Town Clerk 091197/938(ejl]e:Firestcn\Qe1Cam.Ree (©ubetantial compliance) 2 659-63?? ACKLAM ASSOCIATES 030 P02 SEP 11 '9? 08:36 EXHIBIT A DEL CAMINO CENTRAL ANNEXATION TO TOWN OF FIRESTONE LEGAL DESCRIPTION; ANNEXATION PARCEL NO. 2 That part of Sections 6 and 7, Township 2 North, Range 67 west and part of Sections 1, 2, 11 and 12, Township 2 North, Range 68 West of the 6th Principal Meridian, weld County, Colorado described as: Beginning at the Southeast Corner said Section 6, Township 2 North, Range 67 West; thence N88024144"W' along the South line Southeast one -quarter said Section 6 a distance of 2640.39 feet to the South one -quarter Corner said section 6; thence N89ol0120"W along the South line Southwest one - quarter said section 6 a distance of 2421.94 feet to the Southeast Corner said Section 1, Township 2 North, Range 68 West; thence S69055125"W along the South line Southeast one -quarter said Section 1 a distance of 2636.76 feet to the South one - quarter comer said Section 1; thence S00°0o`0o"S along the East line Northwest one -quarter said Section 12, Township 2 North, Range 68 West a distance of 30.00 feet to a point on the South Right-of-way line of Weld County Road 24; thence N89938134"W parallel with the North line Northwest one -quarter said Section 12 and along said Right-of-way line a distance of 2742.36 feet more or less to a point on the East line Northeast one -quarter said Section 11, Township 2 North, Range 68 West; thence N89014149"W parallel with the North line Northeast one -quarter said Section 11 and along said Right-of-way line a distance of 2587.85 feet more or less to a point on the East line Northwest one -quarter said section ii, thence N89017'47"W parallel with the North line East one-half Northwest one -quarter said Section 11 and along said Right-of-way line a distance of 1298.62 feet more or less to a point on the West line said East one-half Northwest one -quarter said Section 11; thence N01011'22"E along said West line a distance of 30.00 feet to the Southwest Corner East one- half Southwest one -quarter said Section 2, Township 2 North, Range 68 west; thence N01011122"3 along the west line said East one-half Southwest one-quarter'a distance of 2694.45 feet to the Northwest corner said East one-half Southwest one -quarter; thence S8900713ing along the North line said East one-half Southwest one -quarter a distance of 281.17 feet; thence N00617152"W a distance of 328.34 feet; thence S89036121"E a distance of 240.00 feet; thence S01044'00"W a distance of 330.32 feet to a point on the North line East one-half Southwest one -quarter said Section 2; thence S89007131"E along said North line a distance of 799.34 feet to the Northwest Corner west one-half Southeast one -quarter said Section 2; thence S890071310B along the North line said West one-half Southeast one -quarter a distance of 1300.64 feet to the Northeast Corner said West one-half Southeast one -quarter; thence S01033140"W along the East line said West one-half southeast one - quarter a distance of 2627.98 feet to a point on the North Right- of-way line of Weld County Road 24, said point being 30.00 feet North of the Southwest Corner East one-half Southeast one -quarter said Section 2; thence S890141490B parallel with the South line said East one-half Southeast one -quarter and along said Right-of- . , 659-6377 ACKLAM ASSDd OtT ' 030 P03 SEP 11 197 08:36 ance of 1293.52 feet more or less to a point on way line a dist the West line Southwest one -quartet said Section 1, Township 2 allel he North, Range 68 West, thence S8 Section I ardistancetoft2742.36h line Southwest one -quarter feet more or less to a point on the west llnewithothg quarter said Section 1; thence N89°5'5'25"E parallel South Line said Sout�'�6one-quarter orand lessoto aaid p intg_on theway line a distance of 2636 West line southwest one-quarter,said Section with the Township h p 2 North, Range 67 West; thence S89°10'20"E parallel Southwest one -quarter said Section 6 and along saidoRri Right-of-way the line a distance of 2421.94Said Section 6more or less � thence West line Southeast one -quarter S88024,44"E parallel with the South line southeastdone-quarter istance said Section b and along said Riohe East line Southeast 2640.39 feet more or less to a pint on t line raider utheast one-quarcernaedistance5ofW30.00 feet tosthe line said soothe Point of Beginning. Contains 173.29 Acres more or less. Basis of Bearings: The South line Southeast one -quarter sectin 6, Township 2 North Range 67 West of the 6th Principal is assumed to bear Ns8024'44f'W. LEGAL DESCRIPTION::. Annexation Parcel No. 1 THE NORTH 30.00 FEET OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST AND THE NORTH 30.00 FEET OF THE NORTHEAST ONE -QUARTER SECTION 12, TOWNSHIP 2 NORTH, RANGE.68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, CONTAINS 5.30 ACRES MORE OR LESS RESOLUTION NO. 97-/ A RESOLUTION CONCERNING TWO PETITIONS FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE DEL CAMINO CENTRAL ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREAS PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, two petitions for annexation of property described in Exhibit A attached hereto, to be known as the Del Camino Central Annexation to the Town of Firestone, have been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard 7 to the petitions and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN IF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the areas proposed to be annexed are contiguous with the Town of Firestone; in accordance with C.R.S. §31-12-104(1)(a), contiguity may be established by the annexation of the two parcels described in Exhibit A in a series. b. A community of interest exists between the areas proposed to be annexed and the Town of Firestone. C. The areas proposed to be annexed are urban or will be urbanized in the near future. d. The areas proposed to be annexed are integrated with or are capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the.written 1 consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the areas proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the areas proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is comprised of two separate parcels, each parcel having a total area as follows: Annexation Parcel No. 1, 5.30 acres; Annexation Parcel No. 2, 173.29 acres. k. A plan is in place, pursuant to Section 31-12- 105(1)(e), C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 2 3. Four copies of an annexation map of the areas proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinances becoming effective, all lands within the areas proposed to be annexed will become subject to- all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January 1 next ensuing. 5. No election for annexation of the areas proposed to be annexed has been held in the preceding twelve months, and no election is required under §§31-12-107(2) or -112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent (100t) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and 931-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexations are proper under the laws of the State of Colorado and the areas proposed to be annexed are eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject properties to the Town of Firestone. INTRODUCED, READ, and ADOPTED this day of 1997. Rick P May � �� � ATTEST: r r ,w ,SEAL °o Trudy 'Peterson 0% .•+► 0 Town Clerk C"~'r.»...-�' p� 0VNTY , G 111197/1336fajl]c:Fireot®\DelCaml.reg (eligibility rea) 3 EXHIBIT A Legal Description: Del Camino Central Annexation No. 2 That part of Sections 6 and 7, Township 2 North, Range 67 West and part of Sections 1, 2, 11 and 12, Township 2 North, Range 68 West of the 6th Principal meridian, weld County, Colorado described as: Beginning at the Southeast Corner said Section 6, Township 2 North, Range 67 West; thence N88°2414411W along the South line Southeast one -quarter said Section 6 a distance of 2640.39 feet to the South one -quarter Corner said Section 6; thence N8901012011W along the South line Southwest one -quarter said Section 6 a distance of 2421.94 feet to the Southeast Corner said Section 1, Township 2 North, Range 68 West; thence S8905512511W along the South line Southeast one -quarter said Section 1 a distance of 2636.76 feet to the South one -quarter corner said Section 1; thence S00000'0011E along the East line Northwest one -quarter said Section 12, Township 2 North, Range 68 West a distance of 30.00 feet to a point on the South Right-of-way line of weld County Road 24; thence N8903813411W parallel with the North line Northwest one -quarter said Section 12 and along said Right-of-way line a distance of 2742.36 feet more or less to a point on the East line Northeast one -quarter said Section 11, Township 2 North, Range 68 west; thence N89014'4911W parallel with the North line Northeast one -quarter said Section 11 and along said Right-of-way line a distance of 2587.85 feet more or less to a point on the East line Northwest one -quarter said Section 11, thence N89017'47"W parallel with the North line East one-half Northwest one -quarter said Section 11 and along said Right-of-way line a distance of 1298.62 feet more or less to a point on the West line said East one-half Northwest one -quarter said Section 11; thence N01011'22"E along said West line a distance of 30.00 feet to the Southwest Corner East one-half Southwest one - quarter said Section 2, Township 2 North, Range 68 West; thence N01°11'22"E along the West line said East one-half Southwest one - quarter a distance of 2634.45 feet to a point on the South Right- of-way line of Weld County Road 24-1/2, said point being 30.00 feet South of th Northwest Corner said East one-half Southwest one - quarter, thence S8900713111E along said Right-of-way line and parallel with the North Line said East one-half Southwest one - quarter a distance of 281.95 feet, thence N00017' 52 "W a distance of 358.35 feet, thence S89"36'21"E a distance of 240.00 feet, thence S01"44'00"W a distance of 360.32 feet to a point on the South Right-of-way line of Weld County Road 24-1/2, said point being 30.00 feet South of the North line East one-half Southwest one - quarter said Section 2, thence S89007'31"E along said Right-of-way line and parallel with the North line said East one-half Southwest one -quarter a distance of 799.51 feet to a point on the West line West one-half Southeast one -quarter said Section 2, said point being 30.00 feet South of the Northwest Corner West one-half Southeast one -quarter said Section 2, thence continuing S89007'3111E along said Right-of-way line and parallel with the North line said West one-half Southeast one -quarter a distance of 1270.56 feet to a point on the west Right-of-way line of Weld County Road 9-3/4, said point being 30.00 feet West of the East line West one-half Southeast one -quarter said Section 2, thence 501*33'40"W along said West Right-of-way line and parallel with the East line said West one-half Southeast one quarter a distance of 2598.04 feet to a point on the North Right-of-way line of Weld County Road 24, said point being 30.00 feet North of the South line Southeast one - quarter said Section 2, thence S89`14'49"E along said Right-of-way line and parallel with said South line a distance of 1323.52 feet more or less to a point on the West line Southwest one -quarter said Section 1, Township 2 North, Range 68 West, thence S8903813411E parallel with the South line Southwest one -quarter said Section 1 a distance of 2742.36 feet more or less to a point on the West line Southeast one -quarter said Section 1; thence N8905512511E parallel with the South Line said Southeast one -quarter and along said Right-of-way line a distance of 2636.76 feet more or less to a point on the West line Southwest one -quarter said Section 6, Township 2 North, Range 67 West; thence S8901012011E parallel with the South line Southwest one -quarter said Section 6 and along said Right-of-way line a distance of 2421.94 feet more or less to a point on the West line Southeast one -quarter said Section 6; thence S88024'44"E parallel with the South line Southeast one -quarter said Section 6 and along said Right-of-way line a distance of 2640.39 feet more or less to a point on the East line Southeast one -quarter said Section 6; thence SO1014'5311W along the East line said Southeast one -quarter a distance of 30.00 feet to the Point of Beginning. Contains 169.86 Acres more or less. Basis of Bearings: The South line Southeast one -quarter Section 6, Township 2 North Range 67 West of the 6th Principal Meridian is assumed tO bear N88024'44"W. RESOLUTION NO. 97-/�( A RESOLUTION CONCERNING THREE PETITIONS FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FIRESTONE DEVELOPMENT ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREAS PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, three petitions for annexation of property described in Exhibit A attached hereto, to be known as the Firestone Development Annexation to the Town of Firestone, have been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petitions and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN IF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the areas proposed to be annexed are contiguous with the Town of Firestone; in accordance with C.R.S. §31-12-104(1)(a), contiguity may be established by the annexation of .the three parcels described in Exhibit A in a series. b. A community of interest exists between the areas proposed to be annexed and the Town of Firestone. C. The areas proposed to be annexed are urban or will be urbanized in the near future. d. The areas proposed to be annexed are integrated with or are capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written 1 consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the areas proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the areas proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town 'of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is comprised of three separate parcels, each parcel having a total area as follows: Annexation Parcel No. 1, 9.277 acres; Annexation Parcel No. 2, 6.950 acres; Annexation Parcel No. 3, 148.309 acres. k. A plan is in place, pursuant to Section 31-12- 105 (1) (e) , C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 2 3. Four copies of an annexation map of the areas proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinances becoming effective, all lands within the areas proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January 1 next ensuing. 5. No election for annexation of the areas proposed to be annexed has been held in the preceding twelve months, and no election is required under §§31-12-107(2) or -112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent (1000) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and §31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexations are proper under the laws of the State of Colorado and the areas proposed to be annexed are eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject properties to the Town of Firestone. INTRODUCED, READ, and ADOPTED this 11414--day of 1997. ATTEST: 'rruay ver-erson Town Clerk STO,., c �. 0Lij;� -rn . GE,- `o 111197/1007(ajl)c:Firentan\Firedevl.res (eligibility ran) 3 k Patterson EXHIBIT A LEGAL DESCRIPTION: ANNEXATION PARCEL NO. 1 A tract of land located in the south one-half of Section 6, and the north one-half of Section 7, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, described as follows: Beginning at the southwest corner of said Section 6, said corner being the POINT OF BEGINNING, from which the west one -quarter corner of said Section 6 bears N00°22'35''E a distance of 2754.28 feet; Thence N00022'35'' E, along the west line of the southwest one - quarter of said Section 6, a distance of 12.26 feet to the southwest corner of Lot ''B '' Recorded Exemption No. 1311-06-3-RE 1824; Thence along the south line of said Recorded Exemption the following four (4) courses: Thence N85°24'51 ''E a distance 392.05 feet to a point of curvature; Thence along a curve to the right a distance of 183.76 feet, said curve having a radius of 1500.00 feet, a central angle of 07001'09", and a chord which bears N88°55'22''E a distance of 183.65 feet, to a point of tangency; Thence S87°34'01''E a distance of 1617.26 feet to the southeast corner of said Recorded Exemption; Thence N30°21'00 ''E a distance of 11.28 feet; Thence S88054'28" E, along a line 30.00 feet distant and parallel to the south line of the southwest one -quarter of said Section 6, a distance of 226.35 feet; Thence S88008133''E, along a line 30.00 feet distant and parallel to the south line of the southeast one -quarter of said Section 6, a distance of 2640.53 feet to the east line of said Section 6; Thence S01°31'06''W, along said east line, a distance of 30.00 feet to the northeast corner of said Section 7; Thence S01031'04''W, along the east line of said Section 7, a distance of 30.00 feet; Thence N88008133''W, along a line 30.00 feet distant and parallel to the north line of the northeast one -quarter of said Section 7, a distance of 2640.49 feet; Thence N88054128 " W, along a line 30.00 feet distant and parallel to the north line of the northwest one -quarter of said Section 7, a distance of 2391.41 feet; Thence S00°24'30''W, along a line 30.00 feet distant and parallel to the west line of the northwest one -quarter of said Section 7, a distance of 2674.63 feet; Thence N89°35'57'' W a distance of 30.00 feet to the west one - quarter corner of said Section 7; Thence N00°2413011 E, along the west line of the northwest one - quarter of said Section 7, a distance of 2704.99 feet to the POINT OF BEGINNING; Said tract containing 9.277 acres more or less, and having a perimeter of 15,585.01 feet LEGAL DESCRIPTION: ANNEXATION PARCEL NO. 2 A tract of land located in the southwest one -quarter of Section 7, Township 2 North, Range 67 West of the 6th P.M., and the east one-half of Section 12 and the east one-half of Section 1, Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado, described as follows: Beginning at the southeast corner of said Section 1, said corner being the POINT OF BEGINNING, from which the east one -quarter corner of said Section 1 bears N00°22'35 ''E a distance of 2754.28 feet; Thence S00°24'30 " W, along the east line of the northeast one - quarter of said Section 12, a distance of 2704.99 feet to the east one -quarter corner of said Section 12; Thence S89°35'57 ''E a distance of 30.00 feet to a point on the easterly right of way line of Weld County Road 13; Thence S00°23'36" W, along said easterly right of way line, a distance of 2703.62 feet; Thence N89°12'11''W a distance of 60.00 feet to the westerly right of way line of Weld County Road 13; Thence N00023136''E, along said westerly right of way line, a distance of 2703.20 feet; Thence N00°24130" E, continuing along said westerly right of way line, a distance of 2704.99 feet; Thence N00022135" E, continuing along said westerly right of way line, a distance of 1979.85 feet; Thence S87020'47''E, departing said westerly right of way line, a distance of 30.02 feet to the east line of the southeast one - quarter of said Section 1.; Thence S00°22135 " W, along said east line, a distance of 1978.67 feet to the POINT OF BEGINNING; Said tract containing 6.950 acres more or less, and having a perimeter of 14,895.34 feet LEGAL DESCRIPTION: ANNEXATION PARCEL NO. 3 A tract of land located in the southwest one -quarter and the southeast one -quarter of Section 6, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, described as follows: Commencing at the southwest corner of said Section 6, from which the west one -quarter corner of said Section 6 bears N00°22135 ''E a distance of 2754.28 feet. Thence N00°22'35 ''E a distance of 12.26 feet along the west line of the southwest one -quarter of said Section 6 to the POINT OF BEGINNING; Thence N00°22'35 " E a distance of 1966.41 feet along the west line of the southwest one -quarter of said Section 6; Thence S87°20155''E, departing said west line, a distance of 64.23 feet to a point of non -tangent curvature; Thence along a curve to the right a distance of 1101.76 feet, said curve having a radius of 1413.73 feet, a central angle of 44°39108'', and a chord which bears N46028'10 ''E a distance of 1074.09 feet to a point of non -tangency; Thence S87°20155 ''E a distance of 1625.96 feet along the east - west centerline of said Section 6 to the center of said Section 6; Thence S01°14159''W a distance of 1343.50 feet along the north - south centerline of said Section 6 to the north line of the south one-half of the southeast one -quarter of said Section 6; Thence S87°44'39 ''E a distance of 500.44 feet along a segment of the north line of the south one-half of the southeast one -quarter of said Section 6; Thence S30°21'00''W, departing said north line, a distance of 1505.21 feet; Thence N87°34101''W a distance of 1617.26 feet to a point of curvature; Thence along a curve to the left a distance of 183.76 feet, said curve having a radius of 1500.00 feet, a central angle of 07*01109 ", and a chord which bears S88055'22 ''W a distance of 183.65 feet, to a point of tangency; Thence S85°24'51''W a distance of 392.05 feet to the POINT OF BEGINNING.; Said tract containing 148.309 acres more or less, and having a perimeter of 10,300.57 feet. RESOLUTION NO. 97-_L., A RESOLUTION CONCERNING THREE PETITIONS FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FIRESTONE DEVELOPMENT ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREAS PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, three petitions for annexation of property described in Exhibit A attached hereto, to be known as the Firestone Development Annexation to the Town of Firestone, have been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petitions and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN IF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of - Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or,have been met, including: a. Not less than one -sixth of the perimeter of the areas proposed to be annexed are contiguous with the Town of Firestone; in accordance with C.R.S. §31-12-104(1)(a), contiguity may be established by the annexation of the three parcels described in Exhibit A in a series. b. A community of interest exists between the areas proposed to be annexed and the Town of Firestone. C. The areas proposed to be annexed are urban or will be urbanized in the near future. d. The areas proposed to be annexed are integrated with or are capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written 1 RESOLUTION NO. 97 /3 A RESOLUTION ESTABLISHING THE WASTE COLLECTION SERVICE CHARGE PURSUANT TO SECTION 8.12.050 OF THE FIRESTONE MUNICIPAL CODE WHEREAS, the Board of Trustees wishes to set, by resolution, the amount of the Town's waste collection service charge as provided for in the Firestone Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: � Section 1. Pursuant to Section 8.12.05A of the Firestone Municipal Code, the waste collection service charge shall be twelve dollars and thirty two cents ($12.32) per month effective January 1, 1998. INTRODUCED, READ, AND ADOPTED this //feday of - ,�� 1997. TOWN OF FIRESTONE, COLORADO Rick Patterson, Mayor ATTEST: T.L. Peterson, Clerk RESOLUTION A RESOLUTION ESTABLISHING THE MAXIMUM SALARIES OF THE TOWN CLERK, CHIEF OF POLICE, POLICE SERGEANT, PATROLMAN, MAINTENANCE MAN, DEPUTY CLERK, TEMPORARY SUMMER MAINTENANCE HELPER, AND VACATION RELIEF PATROLMAN, FOR THE FISCAL YEAR 1998 FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Board of Trustees of the Town of Firestone, Colorado has adopted a budget for the fiscal year 1998 setting forth revenues and expenditures for said fiscal year; and WHEREAS, certain monies contained in the adopted budget have been designated for salaries for officers and employees of the town of Firestone; NOW, THEREFORE BE IT RESOLVED by the Board of Trustees of the Town of Firestone that the following salaries be set for the various officers and employees of the Town of Firestone for the fiscal year beginning January 1, 1998 and ending December 31, 1998. Town Clerk Chief of Police $2,92Q.00 per month Police Sergeant $2,800.00 per month Patrolman -$•2., 500. 00 per month Town Maintenance Man $2,300.00 per month Deputy Clerk - $2,500.00 per month Maintenance Helper $2,020.50 $ 9.00 per month Vacation relief officer per hour $ 9.00 per hour INTRODUCED, READ AND ADOPTED THIS 11th DAY OF DECEMBER, 1997. Mayor ATTEST: Cle RESOLUTION A RESOLUTION ESTABLISHING THE MAXIMUM SALARIES OF THE TOWN CLERK, CHIEF OF POLICE, POLICE SERGEANT, PATROLMAN, MAINTENANCE MAN, DEPUTY CLERK, TEMPORARY SUMMER MAINTENANCE HELPER, AND VACATION RELIEF PATROLMAN, FOR THE FISCAL YEAR 1998 FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Board of Trustees of the Town of Firestone, Colorado has adopted a budget for the fiscal year 1998 setting forth revenues and expenditures for said fiscal year; and WHEREAS, certain monies contained in the adopted budget have been designated for salaries for officers and employees of the town of Firestone; NOW, THEREFORE BE IT RESOLVED by the Board of Trustees of the Town of Firestone that the following salaries be set for the various officers and employees of the Town of Firestone for the fiscal year beginning January 1, 1998 and ending December 31, 1998. Town Clerk $2,920.00 per month Chief of Police $2,800.00 per month Police Sergeant $2,500.00 per month Patrolman $2,300.00 per month Town Maintenance Man $2,500.00 per month Deputy Clerk $2,020.50 per month Maintenance Helper $ 9.00 per hour Vacation relief officer $ 9.00 per hour INTRODUCED, READ AND ADOPTED THIS 11th DAY OF DECEMBER, 1997. Mayor ATTEST: Cle RESOLUTION NO. A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND LAVERN L. HAMILTON AND KAREN A. HAMILTON WHEREAS, Lavern A. Hamilton and Karen A. Hamilton are the owners of certain property located at 301 Grant Avenue, Firestone, colorado; and WHEREAS, the Town desires to lease on an annual basis a portion of such property for indoor and outdoor storage of Town vehicles and equipment, and for other purposes of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO; Section 1. The proposed Lease Agreement between the Town of Firestone and Lavern A. Hamilton and Karen A. Hamilton regarding a portion of the Hamiltons' property located at 301 Grant Avenue in Firestone is hereby approved in essentially the same form as the copy of such Lease Agreement accompanying this Resolution. The property to be leased is more particularly described in Exhibit A to the Lease Agreement accompanying this Resolution. Section 2. The Mayor is authorized to execute the Lease Agreement, except that the Mayor is hereby granted the authority to negotiate and approve such revisions to said Lease Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease Agreement are not altered. Section 3. Nothing in this Resolution or the Lease attached hereto is intended to nor should be construed to create any multiple - fiscal year direct or indirect Town debt or fiscal obligation whatsoever. INTRODUCED, READ, AND ADOPTED this 8th day of January, 1998. TOWN OF FIRESTONE, COLORADO Rick Patterson, Mayor ATTEST: T.L. Peterson, Town Clerk RESOLUTION NO. 98-1 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE SHORES ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC -HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as The Shores Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petition; and :. WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 150 Buchanan Avenue, Firestone, Colorado 80520, on Thursday, March 12, 1998, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. 1 gection 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this �" day of January, 1998. tterson rs WATTEST: ti i T.L. Peterson Town Clerk 012299/1057[ajl]c:8ireatcn\Shorea.rea (aubatantial compliance) K LEGAL DESCRIPTION A parcel of land situate in the Northwest quarter and the Southwest quarter of Section 7, Township 2 North, Range 67 West, of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering the South line of the Southwest quarter of Section 1, Township 2 North, Range 68 West, of the 6th P.M., as bearing North 89047'54" West and with all bearings contained herein relative thereto: Commencing at the West quarter corner of said Section 7, said point being the TRUE POINT OF BEGINNING of this description; thence along the West line of the Northwest quarter of said Section 7, North 00024,59" East 2675.27 feet to a point 30.00 feet South of the Northwest corner of said Section 7; thence South 88030'45" East 30.00 feet to the East right-of-way of Weld County Road (WCR) 13; thence South 00°24'59" West 794.71 feet; thence North 89°36'56" East (previously described as North 89°27'37" East) 184.99 feet; thence South 83°21'35" East 103.00 feet; thence South 63035'35" East 162.00 feet; thence South 80°58'35" East 130.00 feet; thence North 29°05125" East 84.00 feet; thence North 42°23'25" East 293.00 feet; thence North 61 °48'25" East 53.00 feet; thence North 87003'25" East 316.00 feet; thence South 66042'35" East 176.00 feet; thence South 77*12'35" East 110.00 feet; thence South 89°44'50" East 313.78 feet to a point on the West most line of land described in Book 1596 at Page 830 recorded in the Recorders Office of said County; thence along said West most line the following (3) courses and distances; (1) South 30*21'19" West 793.13 feet; (2) South 88056'13" East 28.56 feet (previously described as 28.67 feet); (3) South 30020'19" West 1550.44 feet (previously described as South 30°21'19" West 1550.24 feet) to a point on the South line of said Northwest quarter of Section 7; thence along said South line, North 89001'58" West 602.51 feet to said East right-of-way; thence along said East right-of-way, South 00°24'20" West; 1548.98 feet; thence North 88050,571, West 30.00 feet to the West line of said Section 7; thence along the West line of said Section 7, North 00°24'20" East 1548.98 feet to the point of beginning and containing 55.912 acres more or less gross. TOGETHER with a parcel of land situate in the East half of Section 12, Township 2 North, Range 68 West, of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering the South line of the Southwest quarter of Section 1, Township 2 North, Range 68 West, of the 6th P.M., as bearing North 89047'54" West and with all bearings contained herein relative thereto: Commencing at the Northeast corner of said Section 12; thence along the East line of the Northeast quarter of said Section 12; South 00°24'59" West 30.00 feet to a point, said point being the TRUE POINT OF BEGINNING of this description; thence continuing South 00°24'59" West 2675.26 feet to the East quarter corner of said Section 12; thence along the East line the Southeast quarter of said Section 12; South 00024'20" West 1548.89 feet to a point that is North 00°24'20" West 1154,10 feet from the Southeast corner of said Section 12; thence North 88050'57" West 1328.63 feet to a point on the West line of the East half of the Southeast quarter of said Section 12, said point being North 00°32'56" East 1154.06 feet from the Southwest corner to the Southeast quarter of the Southeast quarter of said Section 12; thence along the West line of East half of the Southeast quarter of said Section 12, North 00°32'56" East 92.29 feet; thence North 89°04'07" West 400.00 feet; thence North 00°32'56" East 100.00 feet to a point on the South line of the North half of the Southeast quarter of said Section 12; thence along said South line, South 89°04'07" East 400.00 feet to the :southwest corner of the Northeast quarter of the Southeast quarter of said Section 12: thence along the West line of the East half of the Southeast quarter of said Section 12, North 00°32'56" East 1346.29 feet to the C-E sixteenth corner; thence along the West line of the East half of the Northeast quarter of said Section 12; North 00°33'04" East 2663.54 feet to the South right-of-way of Weld County Road (WCR) 24; thence along the South right-of-way, South 89°48'05" East 640.41 feet to the West line of Lot A of the Recorded Exemption 1313-12-1-RE1340 records of said County; thence along the West line of said Lot A, South 00°24'59" West 270.00 feet to the South line of said Lot A; thence along the South line of said Lot A , South 89°48'05"East 648.00 feet to the West right-of-way of said WCR 13, thence along the said West right-of-way, North 00024'59" East 270.00 feet to the South right-of-way of said WCR 24; thence South 89048'05" East 30.00 feet to the point of beginning and containing 124.901 acres more or less gross. TOGETHER with a parcel of land situate in Section 1, Township 2 North, Range 68 West, of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering the South line of the Southwest quarter of Section 1, Township 2 North, Range 68 West, of the 6th P.M., as bearing North 89'47'54" West and with all bearings contained herein relative thereto: Commencing at the South quarter corner of said Section 1; thence North along the East line of the Southeast quarter of the Southwest quarter of said Section 1, North 00°31'07" East 30.00 feet to the North right-of-way of said WCR 24, said point being the TRUE POINT OF BEGINNING of this description; thence along said North right-of-way, North 89°47'54" West 2741.95 feet to the West line of the Southwest quarter said Section 1; thence along said West line, North 01 031'48" East 2626.35 feet; thence along the West line of the Northwest quarter of said Section 1, North 01 *34'53" East 1319.17 to the Northwest corner of the Southwest quarter of the Northwest quarter of said Section 1; thence continuing North 01 °34'53" East 20.60 feet to the North right-of-way of Weld County Road (WCR) 24 314; thence South 89°31'06" East 1334.49 feet to a point on the West line of Lot A of the Recorded Exemption 1313-1-2-RE2024, records of said County; thence along the West line of said Lot A and the East line of the West half of the Northwest quarter of said Section 1, South 01 °01'29" West 600.71 feet; thence along the South line of said Recorded Exemption 1313-1-2-RE2024 the following eleven (11) courses and distances; (1) North 57°27'44" East 528.67 feet; (2) North 61056'41" East 259.69 feet; (3) South 01017'30" East 65.63 feet; (4) North 74°46'22" East 225.12 feet; (5) North 72°55'39" East 116.39 feet; (6) North 85'14,02" East 132.54 feet; (7) South 89034'18" East 55.00 feet; (8) South 53049'04" East 30.81 feet; (9) South 82026'48" East 48.37 feet; (10) South 83013'53" East 27.17 feet; (11) South 70°51'49" East 56.62 feet to a point on the West line of the Northeast quarter of said Section 1; thence along said West line North 00031'08" East 243.84 feet; thence North 88°51'38" East 1968.70 feet to a point that is South 88051'38" West 660.00 feet from the East line of the Northeast quarter of said Section 1; thence South 00024'41" West, parallel to the East line of the Northeast quarter of said Section 1, 1338.49 feet to a point to the South line of the Northeast quarter of said Section 1; thence along said South line, South 89°06'24" West 1970.98 feet to the Center quarter corner; thence along the West line of the Southeast quarter of said Section 1, South 00031'41" West 1352.35 feet to the Northwest corner of the Southwest quarter of the Southeast quarter of said Section 1; thence along the North line of the Southwest quarter of the Southeast quarter of said Section 1, North 89040'24" East 1317.24 feet (previously recorded as 1316.96 feet) to the Northeast corner of the Southwest quarter of the Southeast quarter of said Section 1; thence along the East line of the Southwest quarter of the Southeast quarter of said Section 1, South 00°27'27" West 1334.26 feet to the said North right-of-way of WCR 24; thence along said North right-of-way, North 89°48'53" West 1318.32 feet to the point of beginning and containing 337.735 acres more or less gross. TOGETHER with a parcel of land situate in the East half of Section 2, Township 2 North, Range 68 West, of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering the South line of the Southwest quarter of Section 1, Township 2 North, Range 68 West, of the 6th P.M., as bearing North 89047'54" West and with all bearings contained herein relative thereto: Commencing at the Southeast corner of said Section 2, thence along the East line of the Southeast quarter of Section 2, North 01 °31'48" East 30.00 feet to the North right-of-way of WCR 24, said point being the TRUE POINT OF BEGINNING of this description; thence continuing along said East, North 01 °31'48" East 2626.35 feet to the East quarter corner of said Section 2; thence along the East line of the Northeast quarter of said Section 2, North 01 °34'S3" East 1319.17 to the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 2; thence continuing North 01 °34'53" East 20.60 feet to the North right-of-way of Weld County Road (WCR) 24 314; thence along said North right-of-way, North 89031'06" West 1334.26 feet to a point 30.00 feet west of the Northwest corner of the Southeast quarter of the Northeast quarter of Section 2, thence along a line parallel with and 30.00 feet West of and 20.82 feet North of the West line of the Southeast quarter of the Northeast quarter, also being the West right-of-way of Weld County Road (WCR) 9 314, South 01 °24'54" West 1335.73 feet; thence along a line parallel with and 30.00 feet West of the West line of the East half of the Southeast quarter of said Section 2, also being the West line of said right-of-way, South 01 °23'42" West 2627.90 feet to the North right-of-way of said WCR 24; thence along said North right-of-way, South 89°25'07" East 907.02 feet to Westerly line of Lot A, of the Recorded Exemption 1313-2-4-RE405, records of said County; thence along said Lot A the following four (4) courses and distances; (1) North 17°05'42" East 200.12 feet; (2) North 30°27'35" East 207.93 feet; (3) North 62°58'03" East 295.78 feet; (4) South 01031,48" West 509.33 feet to said North right-of-way of WCR 24; thence along said North right-of-way, South 89°25'07" East 3.00 feet to the point of beginning, containing 117.548 acres more or less gross. Total area for all parcels are 636.095 acres more or less gross. RESOLUTION NO. A RESOLUTION COMMITTING FUNDS FOR A MASTER DRAINAGE PLAN FOR SOUTHWESTERN WELD COUNTY WHEREAS, the Town of Firestone, together with the City of Dacono, the Town of Frederick, the Town of Erie, the St. Vrain Sanitation District, the Dacono Sanitation District, the Tri-Area Sanitation District, and Weld County (collectively referred to herein as the "Governmental Entities"), desire to cooperate in the development of a master drainage plan for the area of Southwestern Weld County in which the Governmental Entities are located (the "Plan") ; and WHEREAS, the Governmental Entities have applied for an Energy Impact Fund grant to help defray the costs of the development of the Plan; and WHEREAS, pursuant to the application, the Governmental Entities will each make a cash contribution in the following amounts towards those costs: Town of Firestone: $3,000 City of Dacono: $3,000 Town of Frederick: $3,000 Town of Erie: $3,000 St. Vrain Sanitation District: $1,500 Dacono Sanitation District: $1,500 Tri-Area Sanitation District: $1,500 Weld County: $10,000 and WHEREAS, the cash contributions are in addition to an in -kind contribution of staff time from the Weld County Department of Public Works in the anticipated amount of $5,000; and' WHEREAS, it is a requirement of the application that the Town and each of the other Governmental Entities commit to making its cash contribution if the grant application is approved; and WHEREAS, the Town has budgeted and appropriated the amount of $3,000 for 1998 towards the development of the Plan; 1 - NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. In the event that the application of the Governmental Entities for an Energy Impact Fund grant is approved for the purposes of developing the Plan, the Town hereby commits to making a contribution in the amount of $3,000 to help defray the costs of development of the Plan, subject to the following: a. The making of contributions by each of the other Governmental Entities in the amounts stated in said application; and b. The approval of an intergovernmental agreement setting forth the rights and responsibilities of each of the Governmental Entities with regard to the development of the Plan. INTRODUCED, READ, and ADOPTED this day of 1998. TOWN OF FIRESTONE, COLORADO Attest: T.L. Peterson Town Clerk 021296/1701{ajl]c:Birestcn\Drainage.rea Rick Patterson Mayor. m= AL io 4 �vrY. jo�o 2 RESOLUTION NO. %Y-<5I-- A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. INTRODUCED, READ, AND ADOPTED this Abe day of e-v�' 1998. TOWN OF FIRESTONE, COLORADO Rick Patterson, Mayor ATTEST: T.L. Peterson, Town Clerk RESOLUTION NO,_&—� A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. INTRODUCED, READ, AND ADOPTED this �� day of 1998. TOWN OF FIRESTONE, COLORADO Rick Patterson, Mayor ATTEST: �\InSTO�� Irk O L1 N"` T.L. Peterson, Town Clerk o m� SEAL c�VN7Y, O GG RESOLUTION NO.Z6W A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section L The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. INTRODUCED, READ, AND ADOPTED this day of 1998. TOWN OF FIRESTONE, COLORADO Rick Patferson, Mayor ATTEST: 5;� - T.L. Peterson, Town Clerk RESOLUTION NO. 98- f A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR THREE ANNEXATION PETITIONS FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE HURT ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, three petitions for annexation of certain property to be known as the Hurt Annexation, to be annexed in a series, have been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town of Firestone for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petitions; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject properties for annexation and for zoning, if requested in the petitions; and WHEREAS, the Board of Trustees has reviewed the petitions and desires to adopt by Resolution its findings in regard to the petitions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petitions, the legal descriptions for which are attached hereto as Exhibit A and incorporated herein by reference, are in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexations comply with §31-12-104, C.R.S. and with 531-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject properties, if requested in the petitions, at the Firestone Town Hall, 150 Buchanan Avenue, Firestone, Colorado 80520, on Thursday, April 23, 1998, at 7:30 P.M. Section 5. Any person present evidence relative to proposed zoning if requested in may appear at such hearing and the proposed annexations, or the the petitions. 1 Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexations, and whether the statutory requirements for the proposed annexations have been met, and further, will determine the appropriate zoning of the subject properties if requested in the petitions. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexations are proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject properties to the Town of Firestone, and will pass one or more ordinances zoning the subject properties if requested in the petitions. INTRODUCED, READ, and ADOPTED this pY,� r'`" day of February, 1998. Patterson ` Mayo ATTEST: : T.Peterson U Town Clerk Y• GG ti 022398/1644(ajl]e:Firestcn\Hurt-res (substantial compliance) G r tt cu-ziu r,c 1 10 qd r ud Exhibit A HURT ANNEXATION NO. 1 LEGAL DESCRIPTION ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION ELEVEN AND TIED SOUTHWEST QUARTER Of SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLOKADO BE NO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNU4G AT A POINT ON THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 22 WHERE IT INTERSECTS TIC WEST RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 11, AND CONSIUERiNG THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD N0. 1 1 AS BEARING N00006'55"W AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE NI I*56'13"E, 150.00 FEET; THENCE S11°08'1TT, 150.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 22; THENCE ALONG SAID NORTH RIGHT•OF-WAY LINIE N89°36'02"W, 60.00 FEET TO THE POINT OF BEGINNING. THUS DESCRIBED PARCEL OF LAND CONTAINS 0.101 ACRES MORE OR LESS rco cu-uu r«i to z),) r I� HURT ANNEXATION NO. 2 LEGAL DESCRIPTION ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION ELEVEN AND THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 22 WHERE IT INTERSECTS THE WEST RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 11, AND CONSIDERING THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. I I AS BEARING N0000655"W AND WITH ALL OTHER BEAAfNGS CONTAINED HEREIN RELATIVE THERETO: THENCE NI I"56'I3"E, 150.00 FEET; THFNt:E S I I°08' 17"E, 150.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD NO.22; THENCE N01°53'35"W, 750.00 FEET; THENCE S021413i"W, 75o.00 FEET To THE POINT OF BEGINNING. THUS DESCRIBED PARCEL, OF LAND CONTAINS 0.415 ACRES MORE OR LESS. rtb [U`JO rK1 1(;Uc F, U ( HURT ANNEXATION NO. 3 LEGAL DESCRIPTION ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION ELEVEN AND THE SOMiWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BFDjG MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGLNNING AT A POINT ON THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD N0. 22 WHERE IT INTERSECTS THE WEST RIGHT-OF-WAY OF WELD COUNTY ROAD NO.. 11, AND CONSIDERING THE WEST RIGHT-OF-WAY LLNE OF WELD COUNTY ROAD NO, t i AS BEARING N00°06'55"W AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE N02041'3 VE, 750.00 FEET; THENCE SO1°53'35"E, 750.00 FEET TO THE EAST RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 11; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE, N00°06'55"W, 2371.13 FEET; THENCE S89"53'05"W, 30.00 FEET; THENCE S66052'18"W, 276.73 FEET; THENCE S40"28'5I"W, 191.92 FEET; THENCE S60°02'29"W, 155.40 FEET; THENCE S83°31'45"W, 126.52 FEET; THENCE N82012'00"W, 255.50 FEET; TUNCE S81°50'14"W, 132,22 FEET; THENCE S65°58'1 VW. 225.10 FEET; THENCE S62043'10"W, 82.47 FEET; Ti-LENCE S50°33'38"W, 326,83 FEET; THENCE S30"26'34"W, 129.34 FEET; THENCE S19°52'16"W, 126.45 FEET; THENCE S14°42'04"W, 209.51 FEET' THENCE S00°46'36"W. 121.43 FEET, THENCE S11 107'06"E, 158.82 FEET; THENCE SO4°26' 17"E, 180.58 FEET; THENCE S88°39107"E, 487.67 FEET; THENCE N61027'44"E, 101.13 FEET: THENCE N57°12'58"E; 167.35 FEET; THENCE S79°4735"E, 106.09 FEET; THENCE S49°24'50"E, 78.61 FEET; THENCE S33°48')5"E, 127.17 FEET; THENCE S46°24'25"E, 192,68 FEET; THENCE S31°4625"E, 44.49 FEET; THENCE S22"29'15"E, 182.09 FEET-, THENCE S25°53'20"E, 188.37 FEET; THENCE S89035'35"E, 380.43 FEET TO THE WEST RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 11; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE S00°0655"E, 254.15 FEET TO THE POINT OF BEG13 tNING. THUS DESCRIBED PORTION OF LAN I) CONTAINS 54.450 ACRES MORE OR LESS. RESOLUTION NO. A RESOLUTION OF THE TOWN OF FIRESTONE, COLORADO APPROVING A CONTRACT BETWEEN THE TOWN AND THE COLORADO DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT ON BEHALF OF THE TOWN; AND AUTHORIZING THE MAYOR AND TOWN STAFF TO DO ALL THINGS NECESSARY IN FURTHERANCE OF THE CONTRACT. WHEREAS, the Town has previously purchased from Union Pacific Railroad Company a parcel of land totalling approximately 275 acres, formerly known as Union Pacific's Dent Branch right-of-way, and now referred to as the Firestone Trail or Firestone Rails -to - Trails property; and WHEREAS, the Town desires to survey the property, inventory its significant natural and man-made features, and prepare a master plan report and map for the property; and WHEREAS, the Town has committed Town funds and has also requested and received approval for federal funding to help defray the costs of such activities; and WHEREAS, the federal funds are to be administered through the Colorado Department of Transportation ("CDOT"); and WHEREAS, as a requirement of federal funding, the Town must execute a contract with CDOT concerning the disbursement and administration of federal funds; and WHEREAS, the Town is authorized to contract with CDOT under the authority of sections 29-1-203, 31-15-101 and 43-2-144, C.R.S., as amended; and WHEREAS, the Town Board has reviewed the proposed contract with CDOT, a copy of which is attached hereto as Exhibit A, and finds and determines that execution of such contract is in the best interest of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board of Trustees hereby approves that certain Contract by and between the Town and the Colorado Department of Transportation for funding of survey, inventory, and other master planning work on the Firestone Trail property (Project No. STE M440-002, 12083), a copy of which contract is attached hereto as Exhibit A ("the Contract"). The Mayor is authorized to execute the Contract on behalf of the Town, except that the Mayor is further authorized to negotiate and approve such revisions to the Contract as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Contract are not altered. 1 Section 2. A true copy of the Contract has been deposited with the Clerk of the Town and is available for public inspection at the Clerk's office. Section 3. The Mayor, Town Clerk/Administrator, and Town staff are authorized *and directed to do all things necessary on behalf of the Town to perform the obligations of the Town under the Contract. Section 4. The Town has estimated the total cost of the project described in the Contract to be $25, 000.00, with $25, 000.00 of such cost eligible for participating federal funds. The Town is prepared to and shall, in the manner provided by law and the Contract, provide twenty percent (200), or $5,000.00, of the $25,000.00 in project costs eligible for participation. INTRODUCED, READ, and ADOPTED this •G day of February, 1998. Attest: T.L. Peterson Town Clerk 022498/1707[aj13c:8ireaton\Railal.rea TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor F�ESTOti� Z 0 N SEA s 00 i .w f'P NTY • °° 0A RESOLUTION NO. 98-10 A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE SHORES ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as The Shores Annexation to the Town of Firestone, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the areas proposed to be annexed are contiguous with the Town of Firestone. b. A community of interest exis-s between the area proposed to be annexed and the Town of Firestone. C. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or are capable of being integrated with the Town of Firestone. e. No land within the boundary .of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. 1 f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the areas proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is comprised of 635.324 acres. k. A plan is in place, pursuant to Section 31-12- 105(1)(e), C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of the areas proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinances becoming effective, all lands within the areas proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general K property taxes of the Town of Firestone, if applicable, shall become effective as of the January 1 next ensuing. 5. No election for annexation of the areas proposed to be annexed has been held in the preceding twelve months, and no election is required under §§31-12-107(2) or -112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent (100s) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and §31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject properties to the Town of Firestone. INTRODUCED, READ, and ADOPTED this J,l day of , 1998. ATTEST: 1 T.L. Peterson Town Clerk 3 atterson •Zo VV SEA. f o �JNTY G�� EXHIBIT A -LEGAL DESCRIPTION A parcel of land situate in the Northwest quarter and the Southwest quarter of Section 7, Township 2 North, Range 67 West, of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering the South line of the Southwest quarter of Section 1, Township 2 North, Range 68 West, of the 6th P.M., as bearing North 89047154" West and with all bearings contained herein relative thereto: Commencing at the West quarter corner of said Section 7, said point being the TRUE POINT OF BEGINNING of this description; thence along the West line of the Northwest quarter of said Section 7, North 00024159" East 2675.27 feet to a point 30.00 feet South of the Northwest corner of said Section 7; thence South 88030'45" East 30.00 feet to the East right-of-way of Weld County Road (WCR) 13; thence South 00024159" West 794.71 feet; thence North 89036 156 11 East (previously described as North 89027137" East) 184.99 feet; thence South 83021135" East 103.00 feet; thence South 63035135" East 162.00 feet; thence South 80058135" East 130.00 feet; thence North 29005125" East 84.00 feet; thence North 42023125" East 293.00 feet; thence North 61048125/1 East 53.00 feet; thence North 87003125" East 316.00 feet; thence South 66042135" East 176.00 feet; thence South 77012135/1 East 110.00 feet; thence South 890441501, East 313.78 feet to a point on the West most line of land described in Book 1596 at Page 830 recorded in the Recorders Office of said County; thence along said West most line the following (3) courses and distances; (1) South 30021,191, West 793.13 feet; (2) South 88056113" East 28.56 feet (previously described as 28.67 feet); (3) South 30020119/1 West 1550.44 feet (previously described as South 30021119" West 1550.24 feet) to a point on the South line of said Northwest quarter of Section 7; thence along said South line, North 89001158" West 602.51 feet to said East right-of-way; thence along said East right-of-way, South 00024120" West; 1548.98 feet; thence North 88050157" West 30.00 feet to the West line of said Section 7; thence along the West line of said Section 7, North 00024,20" East 1548.98 feet to the point of beginning and containing 55.912 acres more or less gross. TOGETHER with a parcel of land situate in the East half of Section 12, Township 2 North, Range 68 West, of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering the South line of the Southwest quarter of Section 1, Township 2 North, Range 68 West, of the 6th P.M., as bearing North 89047154" West and with all bearings contained herein relative thereto: Commencing at the Northeast corner of said Section 12; thence along the East line of the Northeast quarter of said Section 12; South 00024159" West 30.00 feet to a point, said point being the TRUE POINT OF BEGINNING of this description; thence continuing South 00024159" West 2675.26 feet to the East quarter corner of said Section 12; thence along the East line the Southeast quarter of said Section 12; South 00024 1 20" West 1548.89 feet to a point that is North 00024,201, West 1154.10 feet from the Southeast corner of said Section 12; thence 21 North 88050157" West 1328.63 feet to a point on the West line of the East half of the Southeast quarter of said Section 12, said point being North 00032156" East 1154.06 feet from the Southwest corner to the Southeast quarter of the Southeast quarter of said Section 12; thence along the West line of East half of the Southeast quarter of said Section 12, North 00032156" East 92.29 feet; thence North 89004107" West 400.00 feet; thence North 0003215611 East 100.00 feet to a point on the South line of the North half of the Southeast quarter of said Section 12; thence along said South line, South 89004107" East 400.00 feet to the Southwest corner of the Northeast quarter of the Southeast quarter of said Section 12; thence along the West line of the East half of the Southeast quarter of said Section 12, North 00032156" East 1346.29 feet to the C-E sixteenth corner; thence along the West line of the East half of the Northeast quarter of said Section 12; North 00033' 04" East 2663.54 feet to the South right-of-way of Weld County Road (WCR) 24; thence along the South right-of-way, South 89048105" East 640.41 feet to the West line of Lot A of the Recorded Exemption 1313-12-1-RE1340 records of said County; thence along the West line of said Lot A, South 00024'59" West 270.00 feet to the South line of said Lot A; thence along the South line of said Lot A , South 89048' 05" East 648.00 feet to the West right-of- way of said WCR 13, thence along the said West right-of-way, North 00024159" East 270.00 feet to the South right-of-way of said WCR 24; thence South 89048105" East 30.00 feet to the point of beginning and containing 124.901 acres more or less gross. TOGETHER with a parcel of land situate in Section 1, Township 2 North, Range 68 West, of the 6th P.M., County of weld, State of Colorado, being more particularly described as follows: Considering the South line of the Southwest quarter of Section 1, Township 2 North, Range 68 West, of the 6th P.M., as bearing North 89047154" West and with all bearings contained herein relative thereto: Commencing at the South quarter corner of said Section 1; thence North along the East line of the Southeast quarter of the Southwest quarter of said Section 1, North 00031107" East 30.00 feet to the North right-of-way of said WCR 24, said point being the TRUE POINT OF BEGINNING of this description; thence along said North right-of-way, North 89047,54" West 2741.95 feet to the West line of the Southwest quarter said Section 1; thence along said West line, North 01031148" East 2626.35 feet; thence along the West line of the Northwest quarter of said Section 1, North 01034153" East 1319.17 to the Northwest corner of the Southwest quarter of the Northwest quarter of said Section 1; thence continuing North 01034153" East 20.60 feet to the North right-of-way of Weld County Road (WCR) 24 3/4; thence South 89031,061, East 1334.49 feet to a point on the West line of Lot A of the Recorded Exemption 1313-1-2-RE2024, records of said County; thence along the West line of said Lot A and the East line of the West half of the Northwest quarter of said Section 1, South 01001,29" West 600.71 feet; thence along the South line of said Recorded Exemption 1313-1-2-RE2024 the following eleven (11) courses and distances; (1) North 57027144" East 528.67 feet; (2) North 61056141" East 259.69 feet; (3) South 01017130" East 65.63 5 feet; (4) North 74046122" East 225.12 feet; (5) North 721D55139" East 116.39 feet; (6) North 85014102" East 132.54 feet; (7) South 89034118" East 55.00 feet; (8) South 5304910411 East 30.81 feet; (9) South 82026148/1 East 48.37 feet; (10) South 83013153" East 27.17 feet; (11) South 70051149" East 56.62 feet to a point on the west line of the Northeast quarter of said Section 1; thence along said West line North 00031,081, East 243.84 feet; thence North 88051138" East 1968.70 feet to a point that is South 88051,38" West 660.00 feet from the East line of the Northeast quarter of said Section 1; thence South 00024141/1 West, parallel to the East line of the Northeast quarter of said Section 1, 1338.49 feet to a point to the South line of the Northeast quarter of said Section 1; thence along said South line, South 89006124" West 1970.98 feet to the Center quarter corner; thence along the West line of the Southeast quarter of said Section 1, South 00031141" West 1352.35 feet to the Northwest corner of the Southwest quarter of the Southeast quarter of said Section 1; thence along the North line of the Southwest quarter of the Southeast quarter of said Section 1, North 89040124" East 1317.24 feet (previously recorded as 1316.96 feet) to the Northeast corner of the Southwest quarter of the Southeast quarter of said Section 1; thence along the East line of the Southwest quarter of the Southeast quarter of said Section 1, South 00027127/1 west 1334.26 feet to the said North right-of-way of WCR 24; thence along said North right-of-way, North 89048153" West 1318.32 feet to the point of beginning and containing 337.735 acres more or less gross. TOGETHER with a parcel of land situate in the East half of Section 2, Township 2 North, Range 68 west, of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering the South line of the Southwest quarter of Section 1, Township 2 North, Range 68 West, of the 6th P.M., as bearing North 89047154" West and with all bearings contained herein relative thereto: Commencing at the Southeast corner of said Section 2, thence along the East line of the Southeast quarter of Section 2, North 01031148/1 East 30.00 feet to the North right-of- way of WCR 24, said point being the TRUE POINT OF BEGINNING of this description; thence continuing along said East, North 01031148" East 2626.35 feet to the East quarter corner of said Section 2; thence along the East line of the Northeast quarter of said Section 2, North 01034,53" East 1319.17 to the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 2; thence continuing North 01034153" East 20.60 feet to the North right-of-way of Weld County Road (WCR) 24 3/4; thence along said North right-of-way, North 89031106" West 1334.26 feet to a point 30.00 feet west of the Northwest corner of the Southeast quarter of the Northeast quarter of Section 2; thence along a line parallel with and 30.00 feet West of and 20.82 feet North of the West line of the Southeast quarter of the Northeast quarter, also being the west right-of-way of Weld County Road (WCR) 9 3/4, South 01024154" West 1335.73 feet; thence along a line parallel with and 30.00 feet west of the west line of the East half of the Southeast quarter of said Section 2, also being the West line of said right-of-way, South 01023142 11 West 2627.90 feet to the North right-of-way of said 6 WCR 24; thence along said North right-of-way, South 89025107" East 907.02 feet to westerly line of Lot A, of the Recorded Exemption 1313-2-4-RE405, records of said County; thence along said Lot A the following four (4) courses and distances; (1) North 17005'42" East 200.12 feet; (2) North 30027,35" East 207.93 feet; (3) North 62058103" East 295.78 feet; (4) South 01031148" West 509.33 feet to said North right-of-way of WCR 24; thence along said North right- of-way, South 89025107" East 3.00 feet to the point of beginning, containing 117.548 acres more or less gross. Total area for all parcels are 636.095 acres more or less gross. 031298/1719Eoj1]c:Fireotom\shoreol.ree (eligibility real 7 RESOLUTION NO. 98-11 A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR GRAVEL MINING ACTIVITIES ON A PORTION OF THE SHORES ANNEXATION TO THE TOWN OF FIRESTONE. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone an application for a special use permit to conduct gravel mining activities within the Town; and WHEREAS, the property that is the subject of the special use permit application is a portion of The Shores Annexation to the Town of Firestone, as more particularly described and depicted in Exhibits A and B attached hereto; and WHEREAS, all materials related to the proposed special use have been reviewed by Town staff and the Firestone Planning and zoning Commission; and WHEREAS, the Firestone Planning and zoning Commission has held a duly -noticed public hearing on the special use application and has forwarded its recommendation to the Board of Trustees; and WHEREAS, the Board of Trustees has duly considered the Commission's recommendation and has held a duly -noticed public hearing on the special use application; and WHEREAS, the Board of Trustees finds that the proposed special use meets the special use permit criteria set forth in Chapter 17.32 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees finds that the proposed special use should be approved subject to certain terms and conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees does hereby approve a Special Use Permit for gravel mining activities on that portion of The Shores Annexation to the Town of Firestone described and depicted in Exhibits A and B, attached hereto and made a part hereof, subject to the following conditions: 1. Mining operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Mined Land Reclamation Board permit and the final special use permit application materials approved by the Town Board, which materials are incorporated herein by reference. 01 2. The Owners/Applicant shall promptly provide to the Town copies of all permits, permit amendments, and compliance orders issued by federal and state agencies with respect to mining operations on the site. 3. Prior to commencement of mining activities, the Owners/Applicant shall provide additional information acceptable to the Town Engineer detailing how stormwater runoff will pass through the site from off -site contributing areas and how stormwater runoff from the mining site will be conveyed to the St. Vrain River. 4. All non -point and point source stormwater discharges shall meet all applicable Town of Firestone rules, regulations, and standards. No stormwater runoff in excess of historic levels, or of a quality less than historic discharges, shall be discharged into any irrigation ditch, and no irrigation ditch shall be relocated or disturbed, without the written consent of the affected ditch owner. 5. The mining reclamation plan shall meet all Federal Emergency Management Agency (FEMA) requirements regarding disturbances in the floodplain. 5. No fuel tanks, septic tanks, temporary buildings, or any hazardous or toxic materials shall be placed within the limits of the 100-year floodplain. 7. At no cost to the Town and at all times while the site is being mined, the Owners/Applicant shall maintain those portions of Road 9-3/4 which are adjacent to the site and which are used by Owners for mining related activities. Maintenance shall include, but not be limited to, grading, snow removal, and dust suppression by techniques approved by the Town, all on an as -needed basis. 8. Prior to commencement of mining operations on the site, the Owners/Applicant shall obtain an access permit for access onto Road 9-3/4 and shall install accel/decel lanes on Road 24 at its intersection with Road 9-3/4. The lanes shall be designed and constructed to Town standards and shall be maintained by Owners/Applicant at all times while the site is being mined. 9. Truck access for mining operations shall be limited to Road 24, Road 9-3/4, and the mining access driveway as depicted in the final special use permit application materials approved by the Town Board. Owners/Applicant shall at its expense provide appropriate signage to prevent the use of Road 24-3/4 as a truck route for mining operations. 2 10. Adequate access to oil and gas facilities shall be maintained at all times during mining operations. 11. No more than one mining phase, as depicted on the final mining plan approved .by the Town, shall -be subject to mining at any one time; however, mining and reclamation activities may be performed concurrently. 12`. No operations shall be conducted on Sundays except for operation of administrative offices, necessary equipment repairs, and emergencies as approved by the Town. 13. Prior to commencement -of mining activities, the Owners/Applicant shall install berming and landscaping adjacent to Roads 9-3/4 and 24, as depicted in the final special use permit application materials approved by the Town Board. All landscaping shall be maintained in a healthy and growing condition, and the Owners/Applicant shall provide a -sufficient guarantee to ensure continued ,.maintenance of the landscaping. 14-. The rights of operation under this Special Use Permit shall be personal to Hall -Irwin Construction Company and shall not be transferred to any.other operator without the .prior written..consent • of the Town. 15,. The Special Use Permit shall expire no later than twenty- five (25) years from the date of this approval, or the date of expiration of the Colorado Mined Land Reclamation Board permit for the site, whichever first occurs. 16. All..mining.activities•sha�1.1-meet applicable -air quality standards and permitting requirements of the Colorado Air Quality Control Commission with respect to air pollutants ` and fugitive dust. 17. All processing equipment, offices, and material stockpiles ..shall. -be ..located as -depicted on the final special use permit application materials approved by the TQwn Board. All other mining equipment, vehicles, and accessory equipment shall be located behind building setback lines as established pursuant to the Firestone Development Regulations. 18. Not more --than.. one. septic .system may. be installed to serve the mining operations. The septic system shall be designed by a registered professional engineer and conform to the individual sewage disposal system (ISDS) regulations of the weld County Health Department and applicable regulations of the Saint Vrain Sanitation District. 3 19. Officials, employees, and representatives of the Town of Firestone shall be granted access onto the site at any reasonable time to make inspections and otherwise ensure the mining operations are being conducted in conformance will all applicable Town approvals, ordinances, resolutions, rules, regulations and standards. 20. The Owners/Applicant shall be responsible for complying with all conditions of approval. Noncompliance with any conditions of approval shall be grounds for revocation by the Town Board of the Special Use Permit. The term "Owners/Applicant" shall include Hall -Irwin Construction Company, the current owners of the surface and mineral estates of the property described in Exhibit A, and their respective successors, assigns, and grantees; subject, however, to the requirement that any change in operator require prior written approval of the Town. 21. Any change in operations of the site, as approved, shall require additional special review use approval from the Town, provided the subject matter of the change is within the jurisdiction of the Town. 22. The Owners/Applicant shall in writing agree to and accept all conditions set forth herein. INTRODUCED, READ, and ADOPTED this O�ay of `- !% � , 1998. 032598/1322[aj1]c:Firestam\shorea2.res 4 son e3/03/1998 14:51 303-444-2447 DENNIS A DRUMM PAGE 62 EXHIBIT A - LEGAL DESCRIPTION LEG,& DESCRIPTION: A parcel of land situate in Section 1 and 2. Township 2 North. Range 68 West. of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering the South line of the Southwest quarter of Section 1, Township 2 North, Range 68 West, of the 6th P.M., as bearing North 89'47'54" West and with all bearings contained herein relative thereto: Commencing at the Southeast corner of said Section 2, thence along the East line of the Southeast quarter of Section 2. North 01'31'48" East 30,00 feet to the North right-of- way of WCR 24; thence along said North right-of-way. North 89-25'07" West 3.00 feet to the Westerly line of Lot A. of the Recorded Exemption 1313-2-4-RE405. records of said County, North 01'31'48" East 509.35 feet said point being the TRUE POINT OF BEGINNING of this description; thence along said Lot A the following three (3) courses and distances; (1) South 62'58'03" West 295.78 feet: (2) South 30'27'35" West 207.93 feet: (3) South 17'03'42" West 200.12 feet to said North right-of-way of WCR 24; North 89-25'07" West 847.01 feet to a point 30.00 feet east and 30.00 feet north of the Southwest corner of the Southeast quarter of the Southeast quarter of Section 2: thence along a line parallel with and 30.00 feet East of the West line of the East half of the Southeast quarter, also being the East right-of-woy of weld County Road (WCR) 9 3/4, North 01"23'42" East 2629.12 feet; thence along a line parallel with and 30.00 feet East of the West line of the Northeast quarter of the Southeast quarter of said Section 2, also being the East line of said right-of`way. North 01'24'54" East 1274.61 feet to a point on the South right--of-way of WCR 24 3/4, thence along said South right-vf-way. South 89'31'06" East 2609.15 feet to a point on the West line of Lot A of the Recorded Exemption 1313--i-2--RE2024. records of said County, thence along the West line of said Lot A and the East line of the West half of the Northwest quarter of said Section 1. South 01'01'29" West 540.71 feet; thence along the South line of said Recorded Exemption 1313-1-2-RE2024 the following eleven (11) courses and distances; (1) North 5727'44" East 528.67 feet: (2) North 61'56'41" East 259.69 feet: (3) South 01'17'30" East 65.63 feet: (4) North 74'46'22" East 225.12 feet; (5) North 72'55'39" East 116.39 feet: (6) North 85-14'02' East 132.54 feet: (7) South 89"34'18' East 55.00 feet: (8) South 53*49*04` East 30.81 feet; (9) South 82-26'48" East 48.37 feet: (10) South 83'13'53" East 27.17 feet: (11) South 10'51'49" East 56.62 feet to a point on the West line of the Northeast quarter of said Section 1: thence along said West line North 00'31'08" East 243.84 feet; thence North 88'51'38" East 1968.70 feet to a point that is South 88'31'38' West 660.00 fact from the East line of the Northeast quarter of said Section 1: thence South 00'24'41` West. parallel to the East line of the Northeast quarter of said Section 1, 1338.76 feet to v point to the South line of the Northeast quarter of said Section 1; thence along said South line. South 89'06'24" West 1970,98 feet to the Center quarter corner: thence along the West line of the Southeast quarter of said Section 1, South 00'31'41" West 544.40; thence South 78'37'49" West 1012.22 feet: thence South 71'43'58" West 76.82 feet: thence South 61'42'43' West 709.45 feet; thence South 44 25'37" West 183.19 feet; thence South 36.01*57" West 90.56 feet: thence South 06'35'33` West 198.30 feet; thence South 28'36'39" West 253.20 feet: thence South 65'08'52' West 510.91 feet: thence South 46'55'32" West 201.33 feet; thence South 5071'45" West 81.96 feet: thence South 62'58'03" West 84.47 feet to the point of beginning and containing 309.830 acres more or less gross. Nall -Irwin Mining Proposal for the Shores -- MLRB 112 Permit 9 a3/03/1998 1a:51 303-a4a-2aa7 DENNIS A DRUMM PAGE 03 �~ •�� . • M .,;fit ._ - _— p£�a� )fi � '��''_. 3x � / �� _ 7� -•-r+' • • . 1'r �r� {w % � i.l i t 1 ,1 n? r �',- `�+ ..t � r:� � ire• v.y �/� ...,^ri "� } WC 4 • /'�- � •.%1i •',[� 'mil � ,n ''\) J J r l \�. i r� / {Y�- ; Jam• Ir ,� 1 / r+��..-� �w..r / � , .. fir. 1^ f1 J/ ,.,- •i• `�• r � ate,_..--,)' •', `1;` ;., wool i"" ; -• �-�.•'• Vie, .• • � .vl _. 6. --tea + ` �7 , r 'Ak5 F i N•0 l E; ' !i L �r F•1 E•L�D Resolution No. A RESOLUTION APPROVING PARTICIPATION IN THE WELD COUNTY TRANSPORTATION SYSTEM H%4PACT FEE STUDY. WHEREAS. the Town of Firestone, a municipal corporation of the State of Colorado, pursuant to Colorado statute, is vested with the authority of administering the affairs of the Town of Firestone, Colorado; and WHEREAS, the Board of County Commissioners of Weld County, Colorado, has requested that the Town of Firestone participate in a study to determine the impacts of development upon the transportation system within a region of Weld County, in which the Town of Firestone is located; and WHEREAS, said study shall determine the necessity of and legal justification for the collection of impact fees from development within the region under study, which impact fees shall assist participating local governments in paying for improvements to the transportation system made necessary by such development; and WHEREAS, Weld County represents that the costs of said study shall be paid for by Weld County through a grant from the State of Colorado for the purposes of such a study, but anticipates that staff of the Town of Firestone may be required to spend time assisting in said study to provide any necessary information regarding the transportation system of the Town of Firestone and its relationship to the transportation system of the region. NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Firestone, Colorado; Section 1. The Town of Firestone shall participate in the Weld County Transportation System Impact Fee Study; provided other affected governmental entities within the study region participate in the study. Section 2. The Town Board authorizes staff of the Town of Firestone to provide in -kind assistance in said Study to the extent necessary, and to provide other non -financial assistance to the extent necessary. INTRODUCED, READ AND ADOPTED thisl�1ay of 1998. Peterson,•• RESOLUTION NO. 98-/,y A RESOLUTION CONCERNING THREE PETITIONS FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE HURT ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREAS PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, three petitions for annexation of property described in Exhibit A attached hereto, to be known as the Hurt Annexation to the Town of Firestone, have been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petitions and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN IF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the areas proposed to be annexed are contiguous with the Town of Firestone; in accordance with C.R.S. §31-12-104(i)(a), contiguity may be established by the annexation of the three parcels described in Exhibit A in a series. b. A community of interest exists between the areas proposed to be annexed and the Town of Firestone. C. The areas proposed to be annexed are urban or will be urbanized in the near future. d. The areas proposed to be annexed are integrated with or are capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided 1 into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the areas proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the areas proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is comprised of three separate parcels, each parcel having a total area as follows: Annexation Parcel No. 1, 0.101 acres; Annexation Parcel No. 2, 0.415 acres; Annexation Parcel No. 3, 54.450 acres. k. A plan is in place, pursuant to Section 31-12- 105(1)(e), C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 2 3. Four copies of an annexation map of the areas proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinances becoming effective, all lands within the areas proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January 1 next ensuing. 5. No election for annexation of the areas proposed to be annexed has been held in the preceding twelve months, and no election is required under §§31•-12-107(2) or -112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent (1000) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and §31-12-107(1), C.R.S. pection 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexations are proper under the laws of the State of Colorado and the areas proposed to be annexed are eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject properties to the Town of Firestone. INTRODUCED, READ, and ADOPTED this ��day off 1998. Ef P _on i Mayor - �� /Z� S ` ATTEST: rudy Peterson Town Clerk 442298/1721(ajl]e:Fireaton\Hurtl.rea 3 RESOLUTION NO. 1l A RESOLUTION OF THE TOWN OF FIRESTONE, COLORADO APPROVING A CONTRACT BETWEEN THE TOWN AND THE COLORADO DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT ON BEHALF OF THE TOWN; AND AUTHORIZING THE MAYOR AND TOWN STAFF TO DO ALL THINGS NECESSARY IN FURTHERANCE OF THE CONTRACT. WHEREAS, the Town has previously purchased from Union Pacific Railroad Company a parcel of land totalling approximately 275 acres, formerly known as Union Pacific's Dent Branch right-of-way, and now referred to as the Firestone Trail or Firestone Rails -to - Trails property; and WHEREAS, the Town has previously committed Town funds, and has previously requested and received federal funds, to purchase the Firestone Trail property, survey the property, inventory its significant natural and man-made features, and prepare a master plan report and map for the property; and WHEREAS, the Town desires to make certain improvements to the Firestone Trail property, including installation of landscaping, signage, and two prefabricated steel foot bridges with wood decks; and WHEREAS, the Town has committed Town funds and has also requested and received approval for federal funding to help defray the costs of such improvements; and WHEREAS, the federal funds are to be administered through the Colorado Department of Transportation ("CDOT"); and WHEREAS, as a requirement of federal funding, the Town must execute a contract with CDOT concerning the disbursement and administration of federal funds; and WHEREAS, the Town is authorized to contract with CDOT under the authority of sections 29-1-203, 31-15-101 and 43-2-144, C.R.S., as amended; and WHEREAS, the Town Board has reviewed the proposed contract with CDOT, a copy of which is attached hereto as Exhibit A, and finds and determines that execution of such contract is in the best interest of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board of Trustees hereby approves that certain Contract by and between the Town and the Colorado Department of Transportation for funding of certain improvements to the Firestone Trail property, including installation of 1 landscaping, signage, and two prefabricated steel foot bridges with wood decks (Project No. STE M440-003, 12249), a copy of which contract is attached hereto as Exhibit A ("the Contract"). The Mayor is authorized to execute the Contract on behalf of the Town, except that the Mayor is further authorized to negotiate and approve such revisions to the Contract as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Contract are not altered. ecti n 2. A true copy of the Contract has been deposited with the Clerk of the Town and is available for public inspection at the Clerk's office. Section I. The Mayor, Town Clerk/Administrator, and Town staff are authorized and directed to do all things necessary on behalf of the Town to perform the obligations of the Town under the Contract. Section 4. The Town has estimated the total cost of the project described in the Contract to be $50,000.00, with $50,000.00 of such cost eligible for participating federal funds. The Town is prepared to and shall, in the manner provided by law and the Contract, provide twenty percent (2001), or $10,000.00, of the $50,000.00 in project costs eligible for participation. INTRODUCED, READ, and ADOPTED this 0 day of May, 1998. Attest: ItX. ' Peterson Town Clerk 052798/1110(ajI]c.Fireetcm\Rwi1a3.regi TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor �\�ESTpN� r f�0 l SEAL 0 a !° COUNTY ;. G�� 2 STE M440-003, 12249 REGION 4,1(LEW) CONTRACT THIS CONTRACT, made this day of 98 HA4 1107 19_ by and between the State of Colorado for the use and benefit of THE COLORADO DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State or CDOT, and the TOWN OF FIRESTONE, STATE of COLORADO, 150 BUCHANAN, FIRESTONE, CO 80520, FEIN: 840736777, hereinafter referred to as the Local Agency, or the contractor. FACTUAL RECITALS. 1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment of project and Local Agency costs in Fund Number 400, Appropriation Code 010, Organization Number 9991, Program 2000, Function 3301, Object 2312 1P, Phase C, Reporting Category 4370, Contract Encumbrance Number 12249, (Contract Encumbrance Amount: $50,000.00). 2. Required approval, clearance and coordination has been accomplished from and with appropriate agencies. 3. Pursuant to Title I, Part A, Section 1007 of the Intermodal Surface Transportation Efficiency Act of 1991 and to applicable provisions 'of Title 23 of the United States Code and implementing regulations at Title 23 of the Code of Federal Regulations, as may be amended, (collectively referred to hereinafter as "the federal provisions"), certain Federal funds have been and will in the future be, allocated for highway projects requested by Local Agencies and 'eligible under the Surface Transportation Program that has been proposed by the State and approved by the Federal Highway Administration (FHWA), hereinafter referred to as the program. -1- EXHIBIT A 4. Pursuant to § 43-1-223, C.R.S. and to applicable portions cf the federal provisions, the State is responsible for the general administration and supervision of performance of projects in the program, including the administration of federal funds for a program project performed by a local agency under a contract with the State. 4.5 The Local Agency has requested that a certain local highway project be funded as part of the program, and by the date of execution of this contract the Local Agency (and/or the State) has completed and submitted a preliminary version of CDOT forrn #463 describing the general nature of that project work. The Local Agency understands that, before the project work is actually started, the description of the project work in that CDOT form #463 will likely be revised as a result of design changes made by CDOT, in conjunction and coordination with the Local Agency, in its internal review process. The Local Agency desires to agree to perform the project work as described in the Form #463, as it may be revised in that Process. 5. Federal -aid funds have been made available for project, STE M440-003 for construction of two prefabricated steel foot bridges with wood decks, signage and landscaping as more specifically described in Exhibit A (the Form #463 and/or a `'Scope of Work"), in, Firestone, Colorado, hereinafter referred to as "the project" or "the work". 6. The matching ratio for this federal -aid project is 80% federal -aid funds to 20% Local Agency funds, it being understood that such ratio applies only to such costs as are eligible for federal participation, it being further understood that all non -participating costs shall be borne by the Local Agency at 100%. 7. The Local Agency desires to comply with the federal provisions and other applicable requirements, including the State's general administration and supervision of the project thru this contract, in order to obtain federal funds for the project. 8. The Local Agency has estimated the total cost of the Work and is prepared to provide its match share of the cost, as evidenced by an appropriate ordinance o- resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to expend its match share of the Work. 9. This contract is executed under the authority of Sections 29-1-203, 43-1-110, 43-1-116, 43-2-101(4)(c) and 43-2-144, C.R.S., as amended, and the Local Agency ordinance/resolution. -2- 10. The parties hereto desire to agree upon the division of responsibilities with regard to the project. 11. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all of the Work. 12. The State certifies that such work can be more advantageously performed by the Local Agency. NOW, THEREFORE, it is hereby agreed that: 1. STANDARD FORM CONTRACT This is a standard form contract that is designed to efficiently contract for and administer 2 types of program projects: 1) program projects which include the same basic work elements (design; construction; construction administration by local agency; right-of-way; utilities; etc.); and, also, 2) program projects with specific differences in those basic wcrk elements (ems, a specific project may include design but no construction, or it may include design and construction but the State will do the construction administration, etc.) The form contract accommodates both types of projects by using qualifying language to condition the application of particular contract requirements, based on whether specific work elements are included in the project. For instance, where the contract provides ... "If the Work includes engineering/design services, the Local Agency shall perform the following requirements ...", the Local Agency need perform those requirements only if engineering/design services are expressly included in the project, as defined in the Scope of Work. (Conversely, notwithstanding that language is in the contract, the Local Agency can ignore those "requirements" if engineering/design services are NOT expressly included in the Scope of Work.) The Local Agency shall interpret such qualifying language in that manner. By using such language, the form contract can apply to both the general and the specific types of projects, thus making it easier to administer and saving the State and the Local Agency time and expense. t -3- II. PROJECT DESCRIPTION "The project" or "the Work" under this contract shall consist of construction for two prefabricated metal bridges with wood decks, signage and landscaping, hereinafter referred to as "the project" or "the Work" in /Firestone, Colorado, as more specifically described in Exhibit A, attached hereto and made a part hereof (the Form #463 and/or a "Scope of Work") as it may be revised by the parties in the design review process before the project work is actually started. 111. INCORPORATION BY REFERENCE All federal and state statutes, regulations, specifications, administration checklists, directives, procedures, documents, and publications that are specifically identified and/or referenced in this contract, together with all exhibits and attachments and addenda to this contract, are incorporated herein by this reference as terms and conditions of this contract as though fully set forth. IV. WORK RESPONSIBILITY The Local Agency shall be responsible to perform (construction tasks required to complete) the Work, and the Local Agency shall comply with all applicable terms and conditions of this contract in performing the Work, including those process and task responsibilities addressed in the Pre - Construction and Construction Administration Checklists attached hereto and made a part hereof. The responsible party shall perform all such tasks in accordance with applicable requirements and standards, including those in this contract and in applicable law. -4- it d V. PROJECT FUNDING PROVISIONS A. The Local Agency has estimated the total cost the Work to be $50,000.00 which is to be funded as follows: a. Federal participating funds: (80% of $50,000.00) $40,000.00 b. Local Agency participating share: (20% of $50,000.00) $10,000.00 Total Funds: $50,000.00 B. The matching ratio for the federal participating funds for this project is 80% federal -aid funds to 20% Local Agency funds, it being understood that such ratio applies only to the $50,000.00 that is eligible for federal participation, it being further understood that all non -participating costs are borne by the Local Agency at 100%. If the total actual cost of performance of the Work exceeds $50,000.00, and additional federal funds are made available for the project, the Local Agency shall pay 20% of all such costs eligible for federal participation and 100% of all nonparticipating costs; if additional federal funds are not made available, the local agency shall pay all such excess costs. If the total actual cost of performance of the Work is less than $50,000.00, then the amounts of Local Agency and federal -aid funds will be decreased in accordance with the funding ratio described here- in. The performance of the Work shall be at no cost to the State. C. The maximum amount payable to the Local Agency under this contract shall be $4.0,000.00, unless such amount is increased by an appropriate written modification to this contract executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data -5- r L' as approved at the time of execution of this contract, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D. The parties hereto agree that this contract is contingent upon all funds designated -for the project herein being made available from federal and/or state and/or Local Agency sources, as applicable. Should these sources, either federal or Local Agency, fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provided that any party terrninating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. VI. PROJECT PAYMENT PROVISIONS A. The State will reimburse the Local Agency for the federal -aid share of the project charges following the State's review and approval of such charges, subject to the terms and conditions of this contract. Provided, however, that charges incurred by the Local Agency prior to the date of FHWA authorization for the project and prior to the date this contract is executed by the State Controller or his designee will not be charged by the Local Agency to the project, and will not be reimbursed by the State, absent specific FHWA and/or State Controller approval thereof. B. Upon execution of this contract the State is authorized, in its discretion, to perform any necessary administrative support services pursuant to this contract. These services may be performed prior to and in preparation for any conditions or requirements of this contract, including prior FHWA approval of project work. The Local Agency understands and agrees that the State may perform such services, and that payment for such services shall be at no cost to the State but shall be as provided in Section V.A. At the request of the Local Agency, the State shall also provide other assistance pursuant to this contract as may be agreed in writing. In the event that federal -aid project funds remain available for payment, the Local Agency understands and agrees the costs of any such services and assistance shall be paid to the State from project funds at the applicable rate. However, in the event that such funding is not made available or is withdrawn for this contract, or if the Local • ,J Agency terminates this contract prior to project approval or completion for any reason, then all actual incurred costs of such services and assistance provided by the State shall be the sole expense of the Local Agency. C. If the Local Agency is to be billed for CDOT incurred direct costs, the billing procedure shall be as follows: 1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 45 days after receipt of each -bill. Should the Local Agency fail to pay moneys due the State within 45 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that at the request of the State, the State Treasurer may withhold an equal amount from future apportionments due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). 2. If the Local Agency fails to make timely payment to the State as required by this section (within 45 days after the date of each bill), the Local Agency shall pay interest to the Stake at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment. is made. D. The Local Agency will prepare and submit to the State monthly charges for costs incurred relative to the project. The Local Agency will prepare project charges in accordance with the State's standard policies, procedures, and standardized billing format attached hereto and made a part hereof. VII. STATE COMMITMENTS A. The State will provide liaison with the Local Agency through the State's Region Director, Region 4, 1420 2nd Street, Greeley, Colorado 80631, (970) 350-2101. Said Region Director will -7- ♦ r , also be responsible for coordinating the State's activities under this contract. Said Region Director will also issue a "Notice to Proceed" to the Local Agency for commencement of the Work. All communication relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region 4 and the Local Agency. Until changed by notice in writing, all such notices and correspondence shall be addressed as follows: If to State: Bob Sadighian, P.E. CDOT Region 4 1420 2nd Street Greeley, CO 80631 (970)757-9864 B. The State will reimburse the Local Agency for the federal -aid share of the project charges, as provided in Section VI(A). C. If the Work includes construction, the State, at its discretion, will review construction plans, special provisions and estimates and will cause the Local Agency to make those changes therein that the State determines'are necessary to assure compliance with State and FHWA requirements. D. The State will perform a final project inspection prior to project acceptance as a Quality Control activity. When all project work has been satisfactorily completed, the State will sign the FHWA form 1212. VIII. LOCAL AGENCY COMMITMENTS A. DESIGN. If "the Work" includes the performance/provision of preliminary engineering/design, and/or final design (a.k.a. "construction plans"), and/or design work sheets, and/or special provisions and estimates, collectively referred to as "the Plans", the party responsible for design (as described in Section IV.) shall comply with the following requirements: 1. Shall perform or provide the Plans, to the extent required by the nature of the Work. 2. Final design ("construction plans") shall be prepared in accordance with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual. 3. Special provisions and estimates shall be prepared in accordance with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction. 4. The ,Plans shall include details of any required detours, in order to prevent any interference of the construction work and to protect the traveling public. 5. All the Plans produced shall be stamped by a Colorado Registered Professional Engineer. 6. The State shall be afforded ample opportunity to review the Plans. Any changes in the Plans as directed by the State shall be made and the Plans shall be considered final when approved and accepted by the parties hereto. Following award of the construction contract(s) for the project, no further changes shall be made in the Plans except by,agreement in writing between the parties. 7. The Plans, when final, shall be deemed incorporated herein. 8. Will provide final assembly of the Plans and contract documents. 9. Will be responsible for the Plans being accurate and complete. 10. May enter into a contract with a consultant to do all or any portion of the Plans and/or of construction administration. Provided, however, that if federal -aid funds are to participate in the cost of such work to be done by a consultant, shall ensure that its procurement of that consultant contract (and the performance/provision of the Plans under that contract) complies with all applicable requirements of Title 23, Code of Federal Regulations (CFR), Part 172, (concerning the Administration of Engineering and Design Related Service Contracts), and with any procedures implementing those requirements as provided by the State. Those requirements and procedures include, without limitation: a) the Local Agency/Contractor shall submit any design consultant subcontract to CDOT for approval prior to its execution by the Local Agency/Contractor, as required by section 172.5 (d); b) all changes in the contract shall be by written supplemental agreement and must have prior approval of the State and FHWA. As soon as the contract with the consultant has been awarded by the Local Agency, one copy of the executed contract shall be submitted to the State. Any amendments to.such contract shall be similarly submitted; c) all consultant billings under that contract shall comply with the State's standardized consultant billing format. Examples of the billing formats for the various methods of contract payment are attached hereto and made a part hereof, d) the Local Agency/Contractor shall also use the CDOT procedures as described in Attachment #1 to administer that design consultant subcontract, to comply with sections 172.5(b) and (d); e) to expedite any CDOT approval, the Local Agency/Contractor's attorney, or other authorized representative, may also submit a letter to CDOT certifying Local Agency/Contractor compliance with those CDOT Attachment #1 procedures and with the requirements of sections 172.5(b) and (d). 11. 1f the Local Agency has contracted with a consultant for the design of a major structure, the Local Agency/consultant contract shall contain the following language verbatim: a) "The design work under this contract shall be compatible with the requirements of a separate contract between the Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project. The State is an intended third party beneficiary of this contract for that purpose." b) "Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project." c) "The consultant shall review the construction contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the State's publication, "Standard Specifications for Road and Bridge Construction", in connection with this work." -10- do 0 B. CONSTRUCTION. If "the Work" includes construction, the party responsible for construction and construction administration (as described in Section IV.) shall comply with the following: 1. Administration of the construction of the project shall be in accord with the project's Pre - construction and Contract Administration Checklists, as amended. Such administration shall include project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract pay- ments, testing, and inspection activities; preparing and approving pay estimates; preparing, approving, and securing the funding for contract modification orders (CMOs) and minor contract revisions (MCRs); processing contractor claims; construction supervision; and, meeting the Quality Control (QC) requirements of the FHWA/State stewardship program, all as more fully described in the project's Pre -construction and Contract Administration Checklists. 2. Shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LADE), to perform that administration. The LAPE shall administer the project in accordance with this agreement, the requirements of the construction contract, and applicable State procedures. The LAPE may be an employee of the Local Agency or may be a consultant. If the LAPS is an employee of the Local Agency, the LAPE shall be in responsible charge of the construction of the project (as provided in Section 12-25-102 C.R.S. as amended), notwithstanding any exception described in Section 12-25-103, C.R.S., as amended. 3. if bids are to be let for the construction of the project, will (in conjunction with the State) advertise the call for bids and (upon concurrence by the State) will award the construction contract(s) to the low responsive, responsible bidder(s). -11- e a) In advertising and awarding the bid for the construction of a federal -aid project, shall comply with applicable requirements of 23 U.S.C. § 112 and 23 C.F.R. § § 633 and 635. Those requirements include, without limitation, that the Local Agency/Contractor shall physically incorporate the entire "Form 1273" (which, if relevant to this contract, is attached) verbatim into any subcontract(s) for those services as terms and conditions thereof, as required by 23 CFR 633.102(e). b) The Local Agency has the option to accept or reject the proposal of the low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection at the award conference or within 3 working days after said bids are publicly opened, whichever occurs later.) c) By indicating its acceptance in such award at the award conference, the Local Agency acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the Work under this project if no additional federal -aid funds will be made available for the project.) 4. In the event that all or part of the construction work is to be accomplished by Local Agency personnel (i.e., by "force account"), rather than by a contractor pursuant to a contract with the Local Agency, the Local Agency will insure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements and with 23 C.F.R. Part 635, Subpart B, "Force Account Construction". a) Such work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency and the State in advance of the Work, as provided for in Section 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. b) An alternative to (a) is that the Local Agency may agree to participate in the Work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the -12- Work. Where actual costs are used, eligibility of cost items shall, be evaluated for compliance with Federal Acquisition Regulations (FAR), 48 C.F.R. Part 31. c) Rental rates for publicly owned equipment will be determined in accordance with Section 109.04 of the State's "Standard Specifications for Road and Bridge Construction". d) All force account work shall have prior approval of the FHWA and shall not be initiated until the State has issued a written notice to proceed. C. FOW ACQUISITION/RELOCATION. If "the Work" includes right of way acquisition and/or relocation, the party responsible for right of way (as described in Section IV.) shall comply with the following: If acquisition and relocation assistance is required for the project, the Local Agency will be responsible to perform the acquisition and relocation assistance, as required by Sections 24-56-101, et seq., C.R.S. Prior to this project being advertised for bids, the Local Agency will certify in writing to the State that all right of way has been acquired in accordance with the applicable State and federal regulations, or that no additional right of way is required. D. UTILITIES. The Local Agency will be responsible for obtaining the proper clearance or approval from any utility company which may become involved in this project, by separate agreement between the Local Agency and the utility, if necessary. Prior to this project being advertised for bids, the Local Agency will certify in writing to the State that all such clearances have been obtained. -13- E. RAILROADS. In the event the project involves modification of a railroad company's facilities at a railroad grade crossing whereby the Work is to be accomplished by railroad company forces, the Local Agency shall make timely application to the State Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the work without compliance. The Local Agency shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 Code of Federal Regulations 646, Subpart B, concerning federal -aid projects involving railroad facilities, including: 1. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for federal participation. 2. Obtaining the railroad's detailed estimate of the cost of the Work. 3. Establishing future maintenance responsibilities for the proposed installation. 4. Prescribing fixture use or dispositions of the proposed improvements in the event of abandonment or elimination of the grade crossing. 5. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. F. ENVIRONMENTAL. In its performance of the Work, the Local Agency shall comply with the applicable provisions of the State's approved Action Plan concerning federal environmental requirements, including all federal directives contained therein by reference. Copies of the applicable provisions may be requested from the Office of Environmental Services, Colorado Department of Transportation, 4201 E. Arkansas Avenue, Rm. 284, Denver Co 80222. -14- G. RECORD KEEPING. The Local Agency shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and to make such materials available for inspection at all reasonable times during the contract period and for 3 years from the date of final payment to the Local Agency. Copies of such records shall be furnished by the Local Agency if requested. The Local Agency shall, during all phases of the Work, permit duly authorized agents and employees of the State and the FHWA to inspect the project and to inspect, review and audit the project records. H. MAINTENANCE. The Local Agency will maintain and operate the improvements constructed under this contract, at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA, and will make ample provision for such maintenance each year. Such maintenance and operations shall be in accordance with all applicable statutes and ordinances, and regulations promulgated thereunder, which define the Local Agency's obligation to maintain such improvements. The State and FHWA will make periodic inspections of the project to verify that such improvements are being adequately maintained. I. FEDERAL REQUIREMENTS. The Local Agency/Contractor shall at all times during the execution of this contract strictly adhere to, and comply with, all applicable federal and state laws, and their implementing regulations, as they currently exist and may hereafter be amended, which are incorporated herein by this reference as terms and conditions of this contract. The contractor shall also require compliance with these statutes and regulations in subgrant agreements permitted under this contract. A listing of some of the federal and state laws that may be applicable, depending on the Local Agency/Contractor work responsibilities under this contract, are described in ADDENDUM A. -15- J. DBE REQUIREMENTS "If the Local Agency desires to use its own DBE Program to implement and administer the DBE provisions of Title 49 CFR Part 23 under this contract, it must submit a copy of its program's requirements to CDOT for review and approval before the execution of this contract. If the Local Agency uses it's program for this contract, the Local Agency shall be solely responsible to defend that DBE Program and its use of that Program against all legal and other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation, determinations concerning DBE eligibility and certification, adequate legal and factual bases for DBE goals, and good faith efforts. CDOT approval (if any) of the Local Agency's DBE Program does not waive or modify the sole responsibility of the Local Agency for its use as described above." K. LOCAL AGENCY FUNDS The Local Agency shall provide its match share and indirect cost funds for the work as outlined in Section V.B. IX. GENERAL PROVISIONS A. Notwithstanding any consents or approvals given by the State for the Plans, the State mill not be liable or responsible in any manner for the structural design, details or construction of any major structures that are designed within the Work of this contract. B. If the Work involves construction, the State shall have the authority to suspend the Work, wholly or in part, by giving written notice thereof to the Local Agency, due to the failure of the Local Agency or its construction contractor to correct project conditions which are unsafe for the Workmen or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. C. This contract may be terminated as follows: -16- (a) Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to received just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payment advanced under the provisions of this contract. Notwithstanding above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency. If after such termination it is determined, for any reason, that the Local Agency was not in default, or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. (b) Termination for Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of funds under the contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. (c) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the purposes of contracting for the project provided for herein, and therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State. In the event that such funds or any part thereof are not available to the State, the State may immediately terminate or amend this contract. -17- D. Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and attachments hereto which may require continued performance or compliance beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. E. This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as specifically provided otherwise herein, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. F. To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. G. This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. H. Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. I. The Local Agency represents and warrants that it currently has no interest, and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the Local Agency's obligations under this contract. The Local Agency's further covenants that, in the performance of this contract, it will not employ any person or firm having any such known interests. -18- J. This contract shall become "effective" only upon the date it is executed by the State Controller, or designee. The term of this contract shall begin on the date first written above and shall continue through the completion and final acceptance of this project by the State, /" HWA and Local Agency. K. The Special Provisions, Attachment LO (Certification for Federal -Aid Contracts), and Appendix B (DBE requirements) attached hereto are hereby made a part of this contract. The Local Agency shall comply with all applicable terms and conditions of such attachments. L. If a conflict occurs between the provisions of this contract proper and the attachments hereto, the priority to be used to resolve such a conflict shall be as follows: 1. The Special Provisions and the attachments enumerated in Section VI, paragraph K, above; and 2. This contract proper; 3.Other contract attachments and exhibits, in their respective order. M. It is expressly understood and agreed that the enforcement of the terms and conditions of this contract, and all rights of action relating to such enforcement, shall be strictly reserved to the parties hereto, and nothing contained in this contract shall give or allow any such claim or right of action by any other or third person on such contract. It is the express intention of the parties that any person or entity other than the parties receiving services or benefits under this contract be deemed to be an incidental beneficiary only. N. The Local Agency assures and guarantees that it possesses the legal authority to enter into this contract. The Local Agency warrants that it has taken all actions required by its procedures, by- laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that they have full authorization to execute this contract. 0. The Local Agency and the State may use one or all of the Contract Modification Tools contained in ADDENDUM B, in order to more expeditiously change and amend the terms of this contract, if such use is warranted by the circumstances as described and authorized therein. IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. STATE OF COLORADO ATTEST: ROY ROMER, GOVERNOR By By Chief Clerk Executive Director DEPARTMENT OF TRANSPORTATION APPROVED: CLIFFORD W. HALL GALE A. NORTON State Controller Attorney General By By BARRY B. RYAN Assistant Attorney General Civil Litigation Section ATTEST: ' a ■ Title j, SEAL.�to TOWN OF FIRESTONE, COLOR -ADO Title &-�— .01 Federal Employer Identification Number: — ��rol%y ip, -20- ATTACHMENT #1 THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL -AID PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded local agency project agreement administered by CDOT that involves professional consultant services. 23 CFR 172 and 23 CFR 172(d) state that, "When federal - aid highway funds participate in the contract a local shall use the same procedures as used by the State to administer contracts ... . Therefore, local agencies must comply with this CFR requirement and the following state procedures when obtaining professional consultant services under a federally funded consultant contract administered by CDOT. CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related operations guidebook titled "Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements from both Federal and State regulations, i.e., 23 CFR 172 and Colorado Revised Statute (C.R.S.) 24-30-1401 et seq. Copies of the directive and the guidebook may be obtained upon request from CDOT's Agreements and Consultant Management Unit. (Local agencies should have their own written procedures on file for each method of procurement that addresses the items in 23 CFR 172.5(b)(1-6)]. Because the procedures and laws described in the Procedural Directive and the guidebook are quite lengthy, the subsequent steps serve as a short -hand guide to CDOT procedures that a local agency must follow in obtaining professional consultant services. This guidance follows the format of 23 CFR 172. The steps are: 1. The contracting local agency shall document the need for obtaining professional services. 2. Prior to solicitation for consultant services, the contracting local agency shall develop a detailed scope of work and a list of evaluation factors and their relative importance. The evaluation factors are those identified in C.R.S. 24-30-1403. Also, a detailed cost estimate should be prepared for use during negotiations. 3. The contracting agency must advertise for contracts in conformity with the requirements of C.R.S. 24-30-1405. The public notice period, when such notice is required, is a minimum of 15-days prior to the selection of the three most qualified firms and the advertising should be done in one or more daily newspapers of general circulation. 4. The request for consultant services should include the scope of work, the evaluation factors and their relative importance, the method of payment, and the goal of ten percent (10%) Disadvantaged Business Enterprise (DBE) participation as a minimum for the project. 5. The analysis and selection of the consultants should be done in accordance with C.R.S. 24-30-1403. This section of the regulation identifies the criteria to be used in the evaluation of CDOT pre - qualified prime consultants and their team. It also shows which criteria are used to short-list and to make a final selection. The short-list is based on the following evaluation factors: a. Qualifications, b. Approach to the project, -21- c. Ability to furnish professional services. d. Anticipated design concepts, and e. Alternative methods of approach for furnishing the professional services. Evaluation factors for final selection are the consultant's: a. Abilities of their personnel, b. Past performance, c. Willingness to meet the time and budget requirement, d. Location, e. Current and projected work load, f. Volume of previously awarded contracts, and g. Involvement of minority consultants. Under 24-30-1401,_cost_shall not be considered as a factor in the evaluation of professional consultant services. 6. Once a consultant is selected, the local agency enters into negotiations with the consultant to obtain a fair and reasonable price for the anticipated work. Pre -negotiation audits are prepared for contracts expected to be greater than $50,000. Federal reimbursement for costs are limited to those costs allowable under the cost principles of 48 CFR 31. Fixed fees (profit) are determined with consideration given to size, complexity, duration, and degree of risk involved in the work. Profit is in the range of six (6) to fifteen (15) percent of the total direct and indirect costs. 7. A qualified local agency employee shall be responsible and in charge of the project to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of the contract. At the end of project, the local agency prepares a performance evaluation (a CDOT form is available) on the consultant. 8. Each of the steps listed above is to be documented in accordance with the provisions of 49 CFR 18.42, which provide for records to be kept at least three (3) years from the date that the local agency submits its final expenditure report. Records of projects under litigation shall be kept at least three (3) years after the case has been settled. The C.R.S. 24-30-1401 through 24-30-1408, 23 CFR Part 172, and P.D. 400.1, provide additional details for complying with the eight (8) steps just discussed. -22- FHWA Form 1273 FHWA•1273 Electronic version ..March 10, 1994 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Page I. General ........................... II. Nondiscrimination .................... III. Nonsegregated Facilities ............... IV. Payment of Predetermined Minimum Wage . . V. Statements and Payrolls ............... VI, Record of Materials, Supplies, and Labor .... VII. Subletting or Assigning the Contract ....... VIIl. Safety: Accident Prevention ............ IX. False Statements Concerning Highway Projects X. Implementation of Clean Air Act and Federal Water Pollution Control Act ................... . XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion .............. XII. Certification Regarding Use of Contract Funds for Lobbying.................................. ATTACHMENTS 1 1 3 3 6 6 7 7 7 f3 A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superin- tendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provi- sions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2athrough 2g, 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- dance with the procedures of the U.S. Department of Labor IDOLS as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this con- tract, the contractor shall not: a. discriminate against labor from any other State, posses- sion, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b, employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. 11. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportu- nity {EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 142 U.S.C. 12101 gj =-) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employ- ment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and dis- charge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractu- al responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. REQUIRED BY 23 CPR 633.102 -23- c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contrac- tor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employ- ees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contrac- tor will include in all advertisements for employees the notation: "An Equal Opportunity Employer," All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargain- ing agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration, b. In the event the contractor has a valid bargaining agree- ment providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such imple- mentation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected person- nel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the Contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force require- ments and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., appren- ticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance require- ments for each. A d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the proce- dures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for member- ship in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information, d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, Color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, REQUIRED BY 23 CFR 633.102 -24- as amended, and these special provisions, such contractor shall immediately notify the SHA. B. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, includ- ing procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises {DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construc- tion firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by autho- rized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportuni- ties for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on -the job training is being required by special provision, the contractor will be required to collect and report training data. Ill, NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agree- ment or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transpor- tation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations 129 CFR 3) issued by the Secretary of Labor under the Copeland Act 140 U.S.C. 276c)) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination lincluding any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA- 1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reason- ably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that REQUIRED BY 23 CFR 633.102 -25- COLORADO DEPARTMENT OF TRANSPORTATION OrtgDate: 04101199 DESIGN DATA RevDate: ❑ METRIC ia ENGLISH RevNumber. ' Region; Page i of 2 04 Status: ❑ prelim. revise Prepared by: manuel j Revised by: Date: 04/01/98 Date: Submitted by Proj Mgr. PL4NtlELJ Appi by Pre nstr Engineer. Date: 04/Ol/98 Geographic Location: IN FIRESTONE CONIMTING RAILS TO BIKE TRAILS Terrain type: ® revel ❑ rolling 0 mountainous Description of proposed construedWiimproverrlent (attach map showing site location) BIKE TRAILS sct Code: 12249 1 STIP Number.. UPI 137BC ectNumber. STE M440-003 PE Project Code PE Project Number Project Description: FIRESTONE RAILS -TRAILS PART 3 Counryt: Weld IcountyzI County3: Municipality Firestone System Code: ❑ IM ❑ NHS ❑ STP ® OTHER Oversight: CDCOOT ❑ FHWA ❑ OTHER Routet: 999 re1Pt1: endRelPtl: Routet: relPt2: endRelPt7 Route3: WPM endReIP13: Planned Length 0. 100 Traffic (Note: use oolumns A. B, and/or C to identify facility described below) dwyClass Urban 1 Rural a. current year b, future year ZFac y Type: Functional Classification: Facility Location; A B C A B Freeway Prin. Arterial Induvrial ADT ADT Expressway Min. Arterial Commercial Divided Collector (major) Residential DHV DHV Undivided Collector (minor) Other DHV q trucks 1 Not Roadway 1 Local Design Standards (identify substandard items with an' In i st column & clarity in remarks) Sours e(s) of standard(s) COOT Design MenuaVAASHTO Guide Existing Proposed Ultimate ' A B C A B C A B C A B C a. Surface type b. Typical section typo C. 9 of travel lanes d. Width of travel lanes a. Shoulder width It./median t. Shoulder width rtloutside g. Side slope dist.('z') h. Medlan width j. Posted speed i. Design speed k. Max. superelevation I. Min. radius M. Min. horizontal SSD n. Min. vertical SSD o. Max. grade Project under ❑ 1 R ❑ 3R ❑ 4R ❑ Other criteria Existing guardrail meets current standards: ❑ yes ❑ no Variance in minimum design standards required ❑ yea ❑ no ❑ Safety project Comments: ❑Justilication attached ❑ Request to be submitted Q6ridgo (see item 4) © See remarks not all standards addressed ❑ Stage construction Resurfacing projects ❑ Recommendations conceming safety aspects attached COOT Form 9463 4196 Proled Code Pro]ect Number RevDate Pago 2 of 2 t .12249 STE M440-003 Major structures S=to stay, R=to be removed, Proposed new structure Standard Structure Loading Horizontal Vortical Structure ID Length Ref. Point Feature Intersected Width Rd wy Width ®HS ❑MS Clearance Clearance Year Built Proposed treatment of bridges to remain In place (address bridge rall, capacity, and allowable surfacing thickness) Project characteristics (proposed) ❑ Lighting ❑ Handicap ramps Modlan type: Q depressed © painted ❑ raised ❑ Curb and gutter Cl Curb only ❑ Left-tum slots ❑ continuous wldttrr ❑ Sidewalks width. ® Bikeways width=I0 ft ❑ Right-tum slots ❑ continuous width= ❑ Parking lanes wkfth= ❑ Detours signing: 0 construction ❑ permanent ❑ Traflic control signals ❑ Striping Other. (description) tandscapingrequirements. (description) The placement of two prefab steel bridges with wood trees/shrubs 0 temporary bridges decks Right of Way Yes No Es I. No. Utilities (1lst names of known utiifty companies) ROW and/or perm, easement required: ❑ 13 Relocation required: ❑ 13 Temporary easement mqulrod: ❑ Changes in access: ❑ Charges to connecting roads: ❑ Railroad crossings M of crossings: Agreements Railroad name required Presets r protection Condition of x.1 Q d. ❑ 4. Q Rocomme ndatlons: Environmental envPro)Code: approved under project M ❑ Major (refer to approved ROD) dated: rm 0 Minor (refer to CDOT Form #128) dated: Q Intermediate (refer to approved FONSI) dated: 0 Minor programmatic exciuslon N: ments:This is phase III- Ist construction project- all within ROW Coordlnatlon Q Withdrawn tands (power sues, reservoirs, etc.) cleared through OLM or forest service office ri Irrigation ditch name: ❑ New traffic ordinance required Municipality: 0 Modify schedule of existing ordinance Other. Construction method noAdReason: Q Design 0 Local F/A Adverihed By: ❑ State ❑ P.O. Q RR F/A Entity/Agency contact name: Bruce Nickerson 0 Lacat ❑ Study ❑ LJ1IIIty F/A Phone k 303-422-2393 ❑ None Q COOT F/A ❑ Miscellaneous Remarks (Include additional pages I needed) Original to Central 1069 - Copies to: Region Flies, Region Environmernai Manager, Sialt Design Branch (OA), PMO, ROW, Start Bridge or other when appropriate Nxu UU PAGE (- WCR 36 /SH Be N BAREJOR STATE PARKS �atr Gce�k FIRESTONE TRAIL Longmont Corridor SH 119 FIRESTONE WCR 18 Frederick SH 52 Dacono ^ N NORTH WCR 12 Attachment A DEPARTMENT OF TRANiSPOnTAT10N MEMORANDUM 0T 4201 East Arkarssas Avenue Dwiver, Colorado 80222 t303) 757.9011 project No. S%C SubAccount No. L� Z Des c ript.i on t.ocat ion - MZMORANDUM OF UNDERSTANDING The Subject Project has been selected as a project that is .to be funded, in part by federal funds. It therefore must be coordinated through the Colorado Department of Transportation (CDOT). An agreement must be executed between COOT and the Local. Public Agency (LPA) so that the cost of the project can be properly billed and paid. Cost for certain activities are incurred following Federal Highway Administration (FHWA) authorization of the project, but prior to execution of the CDOT/LPA agreement. Those activities normally include: preparation of budget documents, project scoping, scheduling, agreement documents, and if applicable, early environmental. activities. It is recognized that these pre -agreement activities are necessary to move the project along to the point where a formal agreement is executea and schedule:met. It is also recognized that, generally, activities other than the ones listed above are not required prior to the agreement being executed_ Project costs incurred by COOT for project- ac:t_iviti(_,s regkicsted by the I,PA, before FHWA project authorization, will be reimbursed to COOT at 100 percent;. (100%) . These costs will be eligible ror Federal participation. The parties to this Memorandum of. Understanding agree that the pre - agreement activities listed above are necessary to proceed with the project effectively. CDOT agrees to perfoL,Tn only Lhose activities listed above prior. t.o tho execution ol: the agreernenl'., and to incur no unnecess.]ry char.(jes to the pru joct'- in the completion of those activities- Thn LPA nE) c•ee:; to pay Lhe r;(-)sL inrur•r-ed by CDOT for ner.formirlg the ) i:;1--r-d aut_iviti.cs timely. as billed, but ,Iiould rrvi(.w -III :;ur.h U1 I l ingL; r-ocei vur') t'oz 1:e3son-Ibleness - Such approprl.ate incur -Ltd cost will be r_r:edi.ted towarO the proluel. budget by the agreed m.itch raticj5 included in the proper approval and <<yrrcmr nt:, whrn r_11r. :lgrce ie +1: r.xecut-ed and funds are auChori.zecl. In t-)tint r_unnt., a furm.s! is riot csrlt,ctl:c;d 1.nt.() by t:)1r; LPA, tho I.PA ,rgrce:, Lo ;>>y 100 por:cent ()()Or,) of 01( 1 nru c r od 01, t.1u- art-. i.vit_ S es rr.ur':ut.c`ci .3:..; l i Sk_ud ahovbt . )'11c�sr (70- .-, wi 1 1 rrr-)r tr l 1y1?sir_ VOL: F'1:1101-,11 11,111 1 LP31 1031!, M Page 2 Section 24-16-101 et. seq., CRS 1973, as amended, and the Colorado State Fiscal Rues, Chapter 3, Section 23, mandates the allocation of project related cost, i.e_, indirect cost. Indirect cost includes a proration of administrative salaries, supplies, utilities; -'tent s -•telephones, training;-- etc., which. -are -not ..readily. identified to a specific project-. The pro rata is based upon the administrat'.ive hours vs. total hours per project monthly, and is applicable only to those hours relating directly to your project. To facilitate the formal project agreement, respective pre - construction and Construction administration checklists have been attached for initial assignment of project development and construction activities_ Xt is the intent of CDOT to cooperate with LPAs and to be as flexible as possible to allow the LPA to administer their Federal -aid project. These checklists allow for that flexibility and will be incorporated in the formal agreement_ During project development and during construction this checklist can be revised as necessary per mutual agreement. Upon review of these checklists the LPA will.find that there are activities that require cooperative CDOT/FHWA clearances that cannot be delegated, at this time, to the LPA, i.e., funding authorization, environmental and rights -of -way clearances, and Equal Employment Opportunity/Disadvantaged Business Enterprise requirements. There are also activities that CDOT generally performs to comply with Federal Regulations that may be possible to delegate to the LPA, i_e., utility, railroad, and consultant agreements, Davis -Bacon wage rates applicability, independent - assurance testing and sampling, and final inspection. On the checklist, project activities that require FHwA involvement will be rco-checked ti nd( r COOT and followed by an asterisk. Project activities that arcs gennrally performed by COOT, will be pre -checked under C.uO'r. J n!;urinq that a project: is included in' a Transportat.ion Improvement Plan (T.I.P.) is solely the responsibility of Lhe ].PA and is pre -checked under the LPA. Executing the project agreement and awarding the construction contract is the Combined responsibilities of COOT and the LPA and is pr.e-c.hc(3 kc:ci under hoLh 1.1in LPA and CDOT. Project activities left blank can hc, performed by the LPA or COOT per LPA request. By Date : 31Zf/q� LIT Aut.lic�f �!rl [2t:1'�rc:;c cit:at. ivv ill, I Kcl�, 20 'd 02 : 9 [ OM 96 - 92 • HVI,A i .i PRE -CONSTRUCTION ADMINISTRATION CHECKLIST Region: 42:5-7 Project Code #: Local Agency:2�SToit�� Project Design Project Manager: 25L7,7 C�Location: Resident Engineer: Description: To 7-7 The following checklist shall be utilized to establish the PRE -CONSTRUCTION ADMINISTRATION CHECKLIST responsibilities of the individual parties to this agreement. I RESPONSIBLE PARTY NO. DESCRIPTION OF TASK LOCAL AGENCY CDOT 1. Transportation Improvement Program(T.I.P.) .......... X 2. Design Data (CDOT Form #463) ....................... 3. Funding Authorization .......... 4. LA/CDOT Project Agreement 5. Utility, Railroad, and Consultant Agreements ........ X 6. Consultant Selection ................................ ,t//i� 7. Field Inspection Review (FIR) ,,.,,, ... .... �•- 8. Public Hearings ..................................... A -Ile 9. Environmental Processes ............................. / X* 10, Design Approval..................................... y 11. Final Office Review (FOR) ......................... 12. Force Account Justification ......................... ,�/j� 13. Proprietary Item Justification ...................... �� 14. Davis -Bacon Wage Rates (—Yes ................. —No) X 15. Design Exceptions ................................... f RESPONSIBLE PARTY NO. DESCRIPTION OF TASK LOCAL AGENCY * CDOT 16. Rights -of Way ....................................... 17. Plans, Specifications and Construction Cost Estimates 18. EEO/DBE Requirements..............................�.. 19. Advertising Less Than Three Weeks ................... 20. LA Ad and Award ..................................... 21. Construction Administration ......................... Preliminary Checklist Revised Checklist Final Checklist Date: 2.5 f8 Date: Date: *Requires FHWA concurrence/involvement. 04/29/96 r CONSTRUCTION CONTRACT ADMINISTRATION CHECK LIST Page 1 CDOT Region: Z�� Project Code (SA#): / ZZ�J Local Agency: Project No.: j j� I-I.OW -e`e j CDOT Design Project Manager:i��.[ocation• is Local Agency Project Manager: Description- CDOT Resident Engineer: ,�,2/4e�__Ir The following check last shall be utilized to establish the CONSTRUCTION CONTRACT ADMINISTRATION responsibilities of the individual parties to this agreement. THE CHECK LIST SHALL BE INCORPORATED INTO THE ENTITY AGREEMENT AT PROJECT INCEPTION. THE CHECK LIST SHALL BE PREPARED BY PLACING AN X UNDER THE RESPONSIBLE AGENCY, OPPOSITE EACH OF THE TASKS LISTED BELOW. When CDOT is selected to be responsible or co -responsible by option, the method of the Local Agency's reimbursement for CDOT'S costs must be established. WHEN NEITHER CDOT NOR THE LOCAL AGENCY WILL BE RESPONSIBLE FOR A PARTICULAR TASK, NON -APPLICABLE (NA) SHALL BE PLACED UNDER BOTH AGENCIES AND AN EXPLANATION OF WHY NEITHER AGENCY IS RESPONSIBLE SHALL BE INCLUDED. TASKS WHICH WILL BE PERFORMED BY HEADQUARTERS STAFF WILL BE SO INDICATED. THE REGIONS, IN ACCORDANCE WITH ESTABLISHED POLICIES AND PROCEDURES WHEN APPLICABLE, SHALL DETERMINE WHO WILL PERFORM ALL OTHER TASKS WHICH ARE THE RESPONSIBILITY OF CDOT. THE DESIGN PROJECT MANAGER SHALL NOTIFY THE APPROPRIATE RESIDENT ENGINEER, AND THOSE ON THE MINIMUM DISTRIBUTION LIST BELOW, OF FIELD INSPECTION REVIEWS (F.I.R.) AND FINAL OFFICE REVIEWS (F.O.R.) FOR ALL L. A. PROJECTS. IF A CHECK LIST WAS NOT INCORPORATED INTO THE ORIGINAL PROJECT AGREEMENT OR THE CONSTRUCTION CONTRACT ADMINISTRATION RESPONSIBILITIES HAVE CHANGED THE FOLLOWING PROCEDURES SHALL BE USED: A preliminary check list shall be prepared, by the CDOT Project Manager, prior to the F.I.R. and submitted to the Region Construction Engineer (RCE) with the F.I.R. notice. If Contract Administration responsibilities are changed after the F.I.R., the CDOT Project Manager, shall prepare a revised check list and distribute copies. The CDOT Project Manager shall prepare the FINAL check list prior to the F.O.R. and submit copies to all persons receiving the F.O.R. notice. The minimum distribution list is shown below. PRELIMINARY CHECK LIST -- DATE REVISED CHECK LIST - DATE FINAL, CHECK LIST - DATE COPY: CDOT PM LA PM/PE CDOT RCE CDOT RME CDOT RE/PE REVISED 10/16/96 CONTRACT ADMINISTRATION CHECK LIST PAGE 2 ** RESPONSIBLE NO. DESCRIPTION OF TASK LOCALAGENCY 1. Set Disadvantaged Business Enterprise (DBE) goals for the project. (CDOT Region EEO Administrative Program Specialist) 2. Set On Job Training (OJT) goals for the project. (CDOT Region EEO Administrative Program Specialist when CDOT is responsible.) 3. Assure the correct Federal Wage Decisions, all required DBE/OJT Special Provisions and the FHWA Form 1273 are included in the Contract documents. (CDOT Region Design Project Manager) This project is exempt from Davis -Bacon requirements as determined by the functional classification of the project location. (Note: Projects located on local roads and rural minor collectors may be exempt.) CDOT Design Project Manager Date 9. Advertise for bids/open bids. (CDOT . . . . . , , Construction Contracts Unit, Staff Design Branch, when CDOT is responsible.) 5. Distribute "bid set" of plans and specifications to the person responsible for showing the project. (CDOT Printing and Visual Communications Center, Division of Human Resources and Administration when CDOT is responsible.) 6. Review work site and plan details with prospective bidders while project is under advertisement. (CDOT Resident Engineer when CDOT is responsible.) ** NOTE: Only one responsible party should be selected. If both are selected, a supplemental agreement specifying what task details are the responsibility of each party shall be attached to the Check List. When CDOT is responsible or co -responsible by option, the method of the Local Agency's reimbursement for CDOT'S costs must be established by an attached memorandum of understanding (MOU). PARTY CDOT x REVISED 10/16/96 CONTRACT ADMINISTRATION CHECK LIST PAGE 3 ** RESPONSIBLE PARTY NO. DESCRIPTION OF TASK LOCALAGENCY CDOT 7. Determine compliance with DBE requirements before the Contract is awarded: a. Check CDOT Form #715 - Certificate of . . . . X Proposed DBE Participation, when the low bidder meets DBE goals. (CDOT Business Programs Office, (303)757-9234, Room 287, Division of Human Resources and Administration) b. Evaluate CDOT Form #718 - DBE Good Faith X Effort Documentation, and determine if the Contractor has made a good faith effort when the low bidder does'not meet DBE goals. (CDOT Business Programs Office) C. Approve/disapprove award of Contract by . . . X completing CDOT Form #719 - DBE Participation Summary. THIS FORM MUST BE COMPLETED BEFORE THE CONTRACT IS AWARDED. (CDOT Business Programs Office) 8. Approve rejection of low bidder . . . . . . . . . . X 9. Award Contract (CDOT Construction Contracts . . . . Unit, Staff Design Branch, when CDOT is responsible.) 10. Distribute .Ia- (number: minimum of six (6)] "award sets" of plans and specifications to CDOT Region Resident Engineer. (Further distribution will then be made to the Region Construction Engineer (RCE), CDOT Staff Construction, CDOT Staff Materials, and the Region Materials Engineer (RME), and others as required. CDOT Printing and Visual Communications Center, Division of Human Resources and Administration when CDOT is responsible.) ** NOTE: Only one responsible party should be selected. Refer to page 2 for additional information. REVISED 10/16/96 1 j CONTRACT ADMINISTRATION CHECK LIST PAGE 4 ** RESPONSIBLE PARTY NO. DESCRIPTION OF TASK LOCALAGENCY CDOT 11. Issue "Notice to Proceed" to the Contractor. (CDOT Construction Contracts Unit, Staff 77"" Design Branch, when CDOT is responsible.) 12. Conferences: a. Preconstruction (Request Pre -construction packet of information from _ Region EEO Administrative Program Specialist prior to the conference. CDOT Resident Engineer when CDOT is responsible.) b. Partnering . . . . . . . . . . . . . . . . . . . c. Presurvey: (1) Construction staking . . . .. . . ... . . . . (2) Monumentation . . . . . . . _ d. Structural concrete prepour . . . . . . . . . . e. Concrete pavement prepaving . . . . . . . . . . . (� f . HBP prepaving . . . . . . . . . . . . . . . . . 13. Supervision of construction: a. Professional Engineer (PE) registered . in Colorado, who will be "in responsible charge of constructi n supervision". Local Agency PE or CDOT RE/PE Phone number b. Develop and distribute public notice of planned construction to the media and local residents. NOTE: Only one responsible party should be selected. Refer to page 2 for additional information. REVISED 10/16/96 I ,r CONTRACT ADMINISTRATION CHECK LIST PAGE 5 ** RESPONSIBLE PARTY NO. DESCRIPTION OF TASK LOCALAGENCY CDOT C. Competent, experienced,, staff who will ensure the Contract work is constructed in accordance with CDOT policies, standards and procedures. (Refer to the CDOT Procedural Directives and the following CDOT Operating Manuals for guidance and assistance - Local Agency Construction Manual, CDOT Construction Manual, CDOT Field Materials Manual, CDOT Survey Manual, CDOT Standard Plans, CDOT Erosion Control Manual, CDOT Davis -Bacon Manual.) ( 1) CDOT Form #205 - Sublet Permit Application: (a) Check CDOT Form #713 - Contractor X DBE Subcontract, Supply and Service Contract Statement. Sign Form #205 if Form #713 is complete. (CDOT Region EEO Administrative Program Specialist) (b) Check and sign approval of Form #205 after Form #713 has been checked by the Region EEO Administrative Program Specialist. ( 2) Construction inspection including . . . . calculations, measurements, and documentation of interim and final pay quantities. ( 3) Conduct Contractor/Subcontractors . . . . X reviews to ensure conformance with the Equal Employment Opportunity(EEO) /Affirmative Action(AA)/DBE/OJT requirements contained in the Contract. (Standard Special Provisions, Project Special Provisions and FHWA Form 1273) (CDOT Region EEO Administrative Program Specialist) ** NOTE: Only one responsible party should be selected. Refer to page 2 for additional information. REVISED 10/16/96 CONTRACT ADMINISTRATION CHECK LIST PAGE 6 ** RESPONSIBLE NO. DESCRIPTION OF TASK LOCAL LOCAL ( AGENCY 4) Notify CDOT Region EEO Administrative 1( Program Specialist and request TT" assistance for all EEO/DBE/OJT/ Davis -Bacon questions or concerns. ( 5) Complete and submit to the CDOT Region EEO Administrative Program Specialist, the required number of COOT Form ##280 - Equal Employment Opportunity and Labor Compliance Verification. ( 6) Monitor DBE participation to ensure compliance with the "Commercially Useful Functi?n" requirements. ( 7) Complete and submit to the CDOT Region EEO Administrative program Specialist, the applicable number COOT Form ##200 - OJT Training Questionnaire, when project utilizes OJTs. ( 8) Check certified payrolls to verify . . Contractor/subcontractors are in compliance with Contract requirements. The checking shall be completed by project personnel trained in payroll checking. (Contact the Region EEO Administrative Program Specialist for training requirements.) BA An ( 9) Coordinate submittals by Contractor . . . 4K and all subcontractors of FHWA Form 1391 (Highway Construction Contractor's Annual EEO Report) to the COOT Region EEO Administrative Program Specialist. The Report is due to the Region EEO Administrative Program Specialist by August 10 for all construction projects Active during the last complete week of July. ** NOTE: Only one responsible party should be selected. Refer to page 2 for additional information. PARTY REVISED 10/16/96 • � r CONTRACT ADMINISTRATION CHECK LIST PAGE 7 ** RESPONSIBLE PARTY NO. DESCRIPTION OF TASK LOCALAGENCY CDOT (10) Materials: (a) CDOT Form #250 - Materials Documentation Record: I) Fill out and distribute CDOT Form #250 before the Contractor commences work. (CDOT Region Materials Engineer when CDOT is responsible.) II) Complete Form #250 after work is completed distribute per instructions in CDOT Materials Manual. (b) Approve changes to typical section . . (c) Development, Checking, and Design mix approvals: I) Concrete . . . . . . . . . . . . . II) Hot Bituminous Pavement (HBP). . . (d) Acceptance of manufactured -products. (e) Inspecting fabrication of structural steel and prestressed concrete structural components. (f) Inspecting fabrication of bearing devices. (g) Laboratory Check testing . . . . . . . (h) Acceptance testing . . , , , , (I) Independent assurance testing . . . . (Region Materials Laboratory will develop, complete, and distribute CDOT Form #379 - Project Independent Assurance Sampling Schedule.) NOTE: Only one responsible party should be selected. Refer to page 2 for additional information. X REVISED 10/16/96 CONTRACT ADMINISTRATION CHECK LIST PAGE 8 ** RESPONSIBLE PARTY NO. DESCRIPTION OF TASK LOCALAGENCY CDOT. (11) Approve sources of materials . . . . . . . (12) Approve shop drawings . . . . . . . . . . (13) Perform Traffic Control Inspections . . . (14) Approve traffic signal equipment (15) Construction surveying . . . . . . . . . . (16) ROW monumentation . . . . . . . . (17) . . . . Prepare, approve and sign vouchers for interim and final Contractor pay estimates. (CDOT RE if CDOT is responsible.) Provide the name(s) and phone number(s) of The person(s) authorized for this task. 3� - 2 _ tc= L oP'.�o� . -;hone LA Administrator Phone Number LAPE Phone Number (18) Prepare, approve and sign vouchers . . . . for interim X and final Utility Company billings billings for utility relocation work. (19) Prepare and authorize CDOT Form #94 - Minor Contract Revision (MCR) and CDOT Form #90 - Contract Modification Order (CMO) (20) Approve MCRs and CMOs . . . . . . . . . . (21) Approve Federal -Aid funding for MCRs/CMOs. J( (22) Monitor project financial status and . submit monthly in format a acceptable IL to the Region, such as CDOT Form #65 - Project Financial Status Report. NOTE: Only one responsible party should be selected. Refer to page 2 for additional information. REVISED 10 / 16 / 9 6 CONTRACT ADMINISTRATION CHECK LIST PAGE 9 ** RESPONSIBLE NO. DESCRIPTION OF TASK LOCALAGENCY (23) Prepare and submit monthly progress . . . reports to the Region Construction Engineer: CDOT Form #110a - Status of Active Construction Projects, and COOT Form #517a - Status of Construction Project Finals. (24) Contractor claims/dispute resolution . Local Agency must follow COOT Procedures unless Section 105.17 of the Standard Specifications is modified by a Project Special Provision. ALL contracts _let for bid by the Local Aaency shall contain a Proiect special Provision removing CDOT from the resolution process. 14. Make monthly progress and final payments to the Contractor for completed work. (CDOT Center for Accounting, Division of Human Resources and Administration when CDOT is responsible.) 15. Make monthly progress and final payments to . Utility Companies for completed utility relocation work. (COOT Center for Accounting, Division of Human Resources and Administration when COOT is responsible.) 16. Conduct routine, random, project reviews to ensure the project is being administered in accordance with the terms of the construction Contract and the approved project specific agreement between COOT and the local agency. Provide the name and phone number of the person responsible for this task. Phone Number Name of LA or COOT RE/PE NOTE: Only one responsible party should be selected. Refer to page 2 for additional information. LN PARTY CDOT REVISED 10/16/96 CONTRACT ADMINISTRATION CHECK LIST PAGE 10 NO. DESCRIPTION OF TASK ** RESPONSIBLE PARTY LOCAL AGENCY CDOT 17. Joint FHWA/CDOT Quality Assurance (QA) Review X Teams will conduct random project reviews in accordance with CDOT's Stewardship Plan. (CDOT Staff Construction & Materials) 18. Conduct final project inspection, complete and X submit CDOT Form #1212a - Final Acceptance Report. CDOT Resident Engineer with mandatory LA participation. 19. Final project acceptance, write final project . . . 1( acceptance letter and distribute per procedures in the Construction Manual. 20. Advertise for final settlement. (CDOT Staff Construction when CDOT is responsible.) 21. Prepare and distribute final "as constructed" plans per procedures in the Construction Manual. 22. Check final quantities, final plans and the . final pay estimate. 23. Sign final pay estimate sheets and voucher. . . . . 24. Check material records. . . . . . . . . . . . . 25. Submit final materials certification. . . . . . . . . 26. Obtain CDOT Form #17 - Contractor DBE Payment Certification, from the Contractor and submit to Region Construction Engineer. 27. Obtain FHWA Form PR 47 (Statement of Materials and Labor Used ...) from the Contractor, check 7Z- and submit to Region Construction Engineer. (REQUIRED ONLY ON NHS PROJECTS WITH TOTAL FINAL PAYMENT EXCEEDING $1,000,000.) 28. Complete and submit CDOT Form #950 - . . . . Project Closure. $- 29, Retain project records. (For six years from date of project closure.) NOTE: Only one responsible party should be selected. Refer to page 2 for additional information. REVISED 10/16/96 SPECIAL PROVISIONS CONTROLLER'S APPROVAL I . This contract shall not be deemed valid until it shal I have been approved by the Controller of the State of Colorado or such assistant as he may designate This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road. bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado maybe accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all clairns, damages, liability and Court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting dscrinr ination and unfair employment practices (CRS 24-34-402), and as requimd by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracu or sub -contracts. During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or other fortes of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractoes commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color, sex, national origin, or ancestry. (f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. (g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated Form 6-AC-02B (GEN060197) Reviscd 06101/97 Page of 2 pages in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (h) The contractor will include the provisions of paragraphs (a) through (h) in every sub -contract and subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub -contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shal l be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with the subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8-19-101 and 102). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extrajudicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complairit, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. 9. Pursuant to CRS 24-30-202.4 (as amended), the state controller may withhold debts owed to state agencies under the vendor offset intercept system for. (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified'in Article 22, Title 39, CRS; (c) unpaid loans due to the student loan division of the department of higher education; (d) owed amounts required to be paid to the unemployment compensation fund; and (e) other unpaid debts owing to the state or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller. 10. The signatories aver that they are familiar with CRS 18-8-301, et seq., (Bribery and Corrupt Influences) and CRS 18-8-401, et seq., (Abuse of Public Office), and that no violation of such provisions is present. 11. The signatories aver that to their knowledge, no state emnlovnr hoc a,,., ­1 �.�,u o-n, u�, ter uwry7l Revised 06101M Page � which is the last of z pages ATTACHMENT L O Certification for Federal -Aid Contracts The contractor certifies, by signing this contract, to the best of its knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf or the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or of Congress, or an employee of a Member of Congress in connection.with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Farm-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than- $100, 000 for each such failure. The prospective participant also agree by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100;000 and that all such subrecipients shall certify and disclose accordingly. Rev. 5/86 _ DEPARTMENT OF HIGHWAYS DIVISION OF HIGHWAYS STATE OF COLORADO ENGINEERING SERVICES SECTION 107 PREPARATION OF CONSTRUCTION PLANS BY LOCAL AGENCY 107.1 All plans shall be in accordance with the Department of Highways Drafting Manual. (Copies available through Department of Highways, Staff Design Branch or Bid Plans, Room 117). 107.2 The State will prepare permanent type polyester reproductions of original drawings at a nominal charge when requested by the Local Agency. 107.3 The Local Agency may, at its option, purchase approved standard size sheets from the State. The purchase price of such materials shall be the actual cost as incurred by the State. The following approved standard size sheets measuring 22 inches by 34 inches with rectangular border of 20 inches by 31-1/2 inches for the working drawing's, are normally available from current State inventories. DOH FORM NO. TITLE COMPOSITION 113 Summary of Approximate Quantities * Mylar 125 Structure Quantities Mylar 126 Blanket Sheet Mylar 134 Plan and Profile Mylar 146 Cross Section Vellum * Accepted trade name for polyester film 107.4 The State will prepare the title sheet for the final construction plans. The title sheet will be made available for Local Agency use upon request of the Local Agency. The cost incurred by the State for preparation of the title sheet will be charged to the project. APRIL 1980 Nondiscrimination Provisions: In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, agree as follows: A. Compliance with Regulations. The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract. B. Nondiscrimination. The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations. C. Solicitations for Subcontracts. Including Rrocurement of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, metal or physical handicap or national origin. D. Infom3ation and Reports. The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHWA as appropriate and shall set forth what efforts have been made to obtain the information. page 1 of 2 pages E. Sanctions or one m fiance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (1) Withholding of payments to the Contractor under the contract until the Contractor complies, and/or; (2) Cancellation, termination or suspension of the contract, in whole or in part F. ncorporation of Ar_ visions. The Contractor will include the provisions of paragraphs A through F in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interest of the State and in addition, the Contractor may request the FHWA to enter into such Iitigation to protect the interests of the United States. page 2 of 2 pages EXAMPLE A (Lump Sum Contracts) Company Name: ProlegNo. Address: Project Location Employer (FEIN) ID Number: Subaccount No. Invoice Number and Date: Progress Report Dated: % Completed: (1) Current Billing Period: From: To: BASIC AND I OR SUPPLEMENTAL CONTRACT TOTAL: (2) $ Total Billed to Date: $ Less: Retainage (10% of billing not to exceed 5% of contract) $ Less: Prior Payments: $- Prior Billing: $ Less Retainage: $ $ TOTAL CURRENT PAYMENT REQUEST: * $ (% To Date of DBE Work: ) I certify that the billed amounts are in agreement with the contract terms: Signature Title * % Completed x Contract Total - Total Curent Payment Request (1) X (2) Date EXAMPLE B (Cost Plus Fixed Fee Contracts) Company Name P..ro)ect,No. . Address: Employer (FEIN) ID Number: Project Location Invoice Number and Date: Progress Report Dated: Subaccount No. % Completed: BASIC AND I OR SUPPLEMENTAL CONTRACT TOTAL $ Prior Period Billing Amount: - $ Current Billing Period: From: To: DIRECT LABOR: (List individually) Employee Name Classification Regular Hours Direct Hourly Rate $ Overtime Hours * Cost $ Current This Period Total Amount to Date (Optional) SUBTOTAL - DIRECT LABOR $ $ INDIRECT '(%) (As specified in contract) $ $ OTHER DIRECT COSTS (In - House) List individually - at actual cost as in final cost proposal; mileage (miles x $), CADD (hrs. x $), equip. rental (hrs. x $), etc. $ $ SUBTOTAL (DIRECT LABOR, INDIRECT & OTHER DIRECT COSTS) $ $ FEE (%) (As specified in the contract) $ $ OUTSIDE SERVICES (Subconsultants & Vendors) (List individually) (To be in this same format - attach copies) $ $ % To Date on DBE Work $ $ Outside Services Managemehi Expense (when applicable) $ $ TOTAL CURRENT PERIOD: $ $ TOTAL TO DATE: $ $ LESS:* Retaina a 10% of billing not to exceed 5 % of contrack $ $ . LESS: prior Payments $ $ Prior Billin Less Retaina e $ $ $ FOTAL CURRENT PAYMENT REQUEST Is Is 1 certify that the billed amounts are actual and in agreement with the.conlract terms: Signature Title Date * Eligible classifications only; in accordance with contract EXAMPLE C (Specific Rates Of Pay Contracts) -Company Name:_ Project No. Address: Employer FEIN ID Number: Project Location Invoice Number and Date: Progress Report Dated: Subaccount No. % Completed: BASIC AND/OR SUPPLEMENTAL CONTRACT TOTAL $ Prior Period Billing Amount: $ Current Billing Period: From: To: PAY RATES: (List individually) Employee Name Classification Regular Flours Overtime Flours' Rate of Pay $1 Flours "* Cost $ SUBTOTAL- PAY RATES: $ OTHER DIRECT COSTS in - House List individually - at actual rates as in final cost proposal; mileage (miles x $), CADD hrs. x $), equip. rental Jhrs. x $), etc. $ SUBTOTAL (Pay Rates•and Other Direct Rates $ OUTSIDE SERVICES (Subcbnsultants & Vendors) (List individually) o be in this same format - attach copies) $ % To Date on DBE Work Outside Services Management Expense whenapplicable) $ TOTAL CURRENT PERIOD: $ TOTAL TO HATE: $ LESS: Retaina a 10% of billing not to exceed 5 % of contract $ LESS: Prior Payments $ Prior Billie $ Less Retaina e $ TOTAL CURRENT PAYMENT REQUEST: Is I certify that the billed amounts are actual and In agreement with the contract terms: Signature Title * Eligible classifications only; in accordance with contract ** In accordance. with contract Date • EXAMPLE D (Local Agency Billing) Date SECTION I. CONTRACT DATA Local Agency:. =.. Poj�ct No. Address: _ Employer (FEIN) ID Number: Project Location Invoice Number and Date: % Completed: Subaccount No. BASIC AND/OR SUPPLEMENTAL CONTRACT TOTAL: $ Federal Share $ Local Agency Share $ State Share $ Prior Period Billing Amount: $ Current Billing. Period: From: To: DIRECT LABOR: (List individually) Employee Classifi- Regular Direct Hourly Overtime Cost Name cation Hours Rate $ Hours* $ Current Total to This Period Date SUBTOTAL - DIRECT LABOR $ $� BENEFITS . $ OF DIRECT LABOR $ $ OTHER DIRECT COSTS (In-house) List individually -at actual cost; mileage (miles x $), CADD (hrs. k equip rental (hrs. x $}, etc.. OUTSIDE SERVICES (Consultants & Vendors) (List individually) (To be in this same format - ,attach copies of invoices) TOTAL COSTS CURRENT PERIOD: $ TOTAL COSTS TO DATE: $ SECTION'III. BILLING TOTAL BILLING CURRENT PERIOD (. % OF TOTAL COSTS): Prior Billing: $� I certify that the billed amounts are actual and inIagreement with the contract terra.s : Signature Title Date * Eligible classifications only. EXAMPLE E: FIXED MULTIPLIER Project No. PA egg Project Location Subaccount No. % uomazerea: BASIC AND ! OR SUPPLEMENTAL CONTRACT TOTAL Prior Period Billing Amount: $ Current Billing Period: From: To: PAY RATES: (List ltldlvidually) Y x —Employee Name Classification Regular Hours Certified Hourly Rate Fixed Multiplier Cost S SUBTOTAL • PAY RATES: OTHER DIRECT COSTS in - House Llst Incgvidually - at actual rates as In final cost proposal; mileage (miles x S), CADO hrs. x $), e u . rental Mrs. x $1. etc. $ SUBTOTAL (Pay Rates and Other Direct Rates $ OUTSIbE SERVICES (Subconsultants b Vendors) (List Individually) o be In this same format - attach copies) $ % To Date on DBE Work Outside Services Management Ex ease when llcabte $ TOTAL CURRENT PERIOD: $ TOTAL TO DATE: J $ LESS: Retains a 10% of billing not to exceed b % of contract $ LESS: Prior Payments $ Prior BIllin Less Relaina e S TOTAL CURRENT PAYMENT REQUEST: $ l certify that the billed amounts are actual and In agreement with the conrract terms: Signature Title Date • Etiglblo classifications only; In accordance with contract " In accordance with contract RESOLUTION NO. 98-/ A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR OAK MEADOWS P.U.D. FILING 1. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Subdivision Plat and Final Development Plan for Oak Meadows P.U.D. Filing 1; and WHEREAS, all materials related to the proposed Final Subdivision Plat and Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and zoning Commission has held a properly noticed public hearing on the proposed Final Subdivision Plat and Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Subdivision Plat and Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Subdivision Plat and Final Development Plan for Oak Meadows P.U.D. should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Final Subdivision Plat and Final Development Plan for Oak Meadows P.U.D. Filing 1 subject to the following conditions: Final Plat 1. Prior to Town execution and recording of the Final Plat, Subdivider and the Town shall execute and record a Subdivision Agreement in a form acceptable to Subdivider and the Town. 2. Revise the dedication block to reflect current property ownership and to include dedication language acceptable to the Town Attorney. 3. Add the statement required by Firestone Town Code section 16.12.080, in a form acceptable to the Town Attorney. 1 4. Add a 20-foot easement for proposed 12-inch water line along Road 24. 5. Add east of Tract A an additional 10-foot easement for the Pond A outlet storm sewer. 5. Prior to recording of the Final Plat, Subdivider shall acquire and convey to the Town, free and clear of all liens and encumbrances, all easements necessary for construction, operation and maintenance of the proposed improvements related to the Subdivision. 7. Add street names to the Plat as directed by Town Staff. 8. Revise Tract dedication block on the cover sheet to reflect that Tracts Q and R are dedicated to the xOA rather than the Town of Firestone. 9. On sheet 2, add full dimensions of the 20-foot storm sewer easement through Tract G. 10. Correct the misclosure of 8.28 feet in the outer boundary legal description of Parcel A; correct the three bearings in such description which have incorrect directions assigned to them; correct the bearing of curve C20 on the cover sheet curve table; correct number of the recorded exemption reference; and correct the chord bearing of curve C385 in the Sheet 3 curve table; correct any inconsistencies between the legal descriptions in the Final Plat and FDP. 11. At or prior to recording of the Final Plat, Subdivider convey Parcel B to the City free and clear of all liens and encumbrances. 12. At or prior to recording of the Final Plat, Subdivider provide acceptable documentation providing for relocation of existing oil and gas flowlines and resolution of issues under the oil and gas lease affecting the Property. Relocated flowlines shall be installed to specifications approved by the Town Engineer. The protective covenants shall contain an advisement regarding oil and gas flowlines and oil and gas activity within the subdivision. Final Development Plan Text 13. On page four, insert in the "Potable water" section a statement that "[t]he FDP shall incorporate water conservation measures including but not limited to low volume flush toilets, faucets, and shower heads." 2 14. On page three, insert "Upon acceptance by the Town," at beginning of the second sentence of the third paragraph. 15. On page five, incorporate a statement in the "Architecture" section that "the FDP shall comply with all Town of Firestone construction, design, and landscaping standards for new residential dwellings, as in effect and amended from time to time." 16. On page five, incorporate in the "Architecture" section a cross reference to the typical housing elevations contained on Sheet 6 of the FDP Maps. 17. The Final Development Plan shall comply with applicable requirements of the Mountain View Fire Protection District. 18. Revise "Development Schedule" section to clarify whether the area subject to platting as Filing 1 includes a phasing plan, and if so, clarify which areas and lots constitute each phase. Final Development Plan Maps 19. Revise Note 7 on Sheet 2 to reflect that Tracts Q and R will be conveyed to the HOA rather than dedicated to the Town. INTRODUCED, READ, and ADOPTED this _ day of 1998. Rick Patterson Mayor ATTEST: ��p�ESzo%N S� WN'1 T . eterson ' SEAL Clerk i�- - •r' 061298/852Eej1]c:Firesrton\Oal®ead.ree 3 �0 RESOLUTION NO. 98-14 A RESOLUTION APPROVING A SPECIAL USE PERMIT TO NORTH AMERICAN RESOURCES COMPANY TO LOCATE TWO OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE. WHEREAS, North American Resources Company (11NARCO11) has submitted to the Board of Trustees of the Town of Firestone an application for a special use permit to locate two oil and gas wells within the Town; and WHEREAS, the wells proposed to be located within the Town include the Wandell 21-7 well and the Wandell 32-7 well, the locations of which are more particularly described in Exhibit A attached hereto; and WHEREAS, NARCO has submitted an application and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the proposed special use have been reviewed by Town staff and the Firestone Planning and Zoning Commission; and WHEREAS, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the special use application and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the application and the Commission's recommendation, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that, with conditions, the special use application for the proposed Wandell 21-7 well and the Wandell 32-7 Well meets the special use permit criteria set forth in the Firestone Municipal Code; and WHEREAS, the Board of Trustees finds that the proposed special use should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone does hereby approve and grant to North American Resources Company (hereinafter °NARCO" or "Applicant") a Special Use Permit for location of the Wandell 21-7 well and the Wandell 32-7 Well within the Town of Firestone, in the locations more particularly described in Exhibit A, attached hereto and made a part hereof, subject to the following conditions: 1 1 . The Town' s special use approval for the Wandell 21-7 Well shall expire March 5, 1999, if operations are not commenced by that date, and the Town's special use approval for the wandell 32-7 well shall expire March 23, 1999, if operations are not commenced by that date. 1n the event either special use approval expires, Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 2. oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permits for such wells and the final special use permit application materials approved by the Town Board, which materials are incorporated herein by reference. 3. Applicant shall provide to the Town an additional site plan map showing the locations of the Wandell 21--7 Well and the Wandell 32-7 Well relative to the school site within the Dollaghan PUD. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. S. Prior to moving the drilling rig onto the well sites, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig within the Town and County. 6. Applicant shall provide to the Town copies of any executed surface damage agreements respecting operation of the Wandell 21-7 well and wandell 32-7 Well. 7. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interest of the Town which are caused by the Applicant. 8. Applicant shall at its expense install earth tone fencing at each well site upon the completion of construction. 9. Applicant at its sole expense shall control fugitive dust at the well sites and on access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 10. Applicant shall revise the site plan to correctly identify the Firestone Trail and the existing sewer easement. 2 INTRODUCED, READ, and ADOPTED this day of , 1998. Rick Patterson Mayo ATTEST: E.-�-, ONE SOWN .w SEAL p T . L . Veterson �0 Town Clerk 0 96129H/H41(sj1)c:Fireston\NARCO.res 3 4 EXHIBIT A Description of Well Locations Wandell 21-7 Well: 857 feet from the north line and 3060.7 feet from the east line of Section 7, Township 2 North, Range 67 West, 6th P.M., being located in the NE1/4NW1/4 of said Section 7. Wardell 32-7 Well: 2029 feet from the north line and 1885 feet from the east line of Section 7, Township 2 North, Range 67 West, 6th P.M., being located in the SW1/4NE1/4 of said Section 7. 4 4 RESOLUTION NO. 98-_Zl A RESOLUTION APPROVING A FINAL SUBDIVISION DEVELOPMENT PLAN FOR LOT C OF THE TEETS MINOR SUBDIVISION. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Development Plan for Lot C of the Teets Minor Subdivision; and WHEREAS, all materials related to the proposed Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Development Plan for Lot C of the Teets Minor Subdivision should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Final Development Plan for Lot C of the Teets Minor Subdivision subject to the following conditions: 1. A cash payment in lieu of park dedication shall be made at or prior to the issuance of a building permit. The amount of the payment shall be as calculated pursuant to Town Code, and acceptable to the City Administrator. 2. Upon request of the Town, the property shall be included into an appropriate sanitation district and the Carbon Valley Recreation District. 3. Barbed wire fencing shall removed along those property boundaries that adjoin residential uses, prior to the time such lands for occupied for residential uses. 4. The FDP text shall specifically state the maximum number of animals permitted on the property. 1 INTRODUCED, READ, and ADOPTED this 'day of / , 1998. �17 or — ATTEST: T.L. Peterson Town Clerk 070998/1615[ejI]c:Fireotcn\Shsw.ran 2 Patterson RESOLUTION NO.-/g A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terns stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. INTRODUCED, READ, AND ADOPTED this �f day of 1998. TOWN OF FIRESTONE, COLORADO Rick Patterson, Mayor ^ ATTEST: 10 eterson, Town Clerk �o'�. - ;�Q4 0 RESOLUTION NO. �J A RESOLUTION AMENDING THE FIRESTONE DEVELOPMENT REGULATIONS TO INCLUDE THE FIRESTONE STREET NAME GRID AND POLICIES. WHEREAS, in order to provide for the orderly naming of Town streets, and to enable particular streets and houses to be found as quickly and easily as possible, the Town Board of Trustees, upon recommendation of the Planning Commission, desires to adopt the Firestone Street Name Grid and Policies, which includes intended names of future Town streets and related policies; and WHEREAS, the Town Board finds it is necessary and appropriate to amend the Firestone Development Regulations to set forth such Firestone Street Name Grid and Policies. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: section 1.. Section 10.2.12 of the Firestone Development Regulations, entitled "Lot and Block Identification" is hereby amended to read as follows (changes are shown in underline and 10.2.12 Lots and Block, and Street Identification A logical identification system for all lots and blocks and names of streets. Streets shall be named in conformance with the Firestone Street Name Grid and Policies set forth in Exhibitof these ev 1 men Re n ec 'on 2. The Firestone Development Regulations are further amended by the addition of a new Exhibit Q, attached hereto and incorporated herein by reference. The Table of Contents and lettering of Reference documents shall be amended accordingly. TR DUCED, READ, and ADOPTED this day of 1998. TOWN OF FIRESTONE, COLORADO Attest: Peterson Town Clerk 07239E/1655[ajl]c:Fireot.m\Street.res Rick Patterson Mavor ZV wN- s, ja o TY,.G� w RESOLUTION NO.•98-19 A RESOLUTION APPROVING TWO SPECIAL USE PERMITS FOR PATINA OIL & GAS CORPORATION TO LOCATE TWO OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE. WHEREAS, Patina Oil & Gas Corporation ("Patina") has submitted to the Board of Trustees of the Town of Firestone applications for special use permits to locate two oil and gas wells within the Town; and WHEREAS, the wells proposed to be located within the Town include the Perrin V 20-5D Well and the Coors V 6-13Ji Well, the locations of which are more particularly described in Exhibit A attached hereto; and WHEREAS, Patina has submitted applications and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the proposed special uses have been reviewed by Town staff and the Firestone Planning and Zoning Commission; and WHEREAS, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the special use applications and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the applications and the Commission's recommendation, and has held a properly noticed public hearing on the applications; and WHEREAS, the Board of Trustees finds that, with conditions, the special use applications for the proposed Perrin V 20-5D Well and the Coors V 6-13Ji Well meet the special use permit criteria set forth in the Firestone Municipal Code; and WHEREAS, the Board of Trustees finds that the proposed special uses should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone does hereby approve and grant to Patina Oil & Gas Corporation (hereinafter "Patina" or "Applicant") Special Use Permits for location of the Perrin V 20-5D Well and the Coors V 6-13Ji Well within the Town of Firestone, in the locations more particularly described in Exhibit A, attached hereto and made a part hereof, subject to the following conditions: 1 1. The Town's special use approval for the Coors V 6-13Ji shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to Drill such well, if operations are not commenced by that date. The Town's special use approval for the Perrin V 20-5D well shall expire March 24, 1999, if operations are not commenced by that date. In the event either special use approval expires, Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code for the well(s) for which approval has expired. 2. oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permits for such wells and the final special use permit application materials approved by the Town Board, which materials are incorporated herein by reference. Applicant shall provide to the Town copies of all state permits and subsequent notices filed with the state and affecting the wells. 3. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 4. Prior to moving the drilling rig onto the well sites, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig within the Town and County. 5. Applicant shall provide to the Town copies of any executed surface damage agreements respecting operation of the Coors V 6-13Ji Well and the Perrin V 20-5D Well. 6. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interest of the Town which are caused by the Applicant. 7. Applicant at its sole expense shall control fugitive dust at the well sites and on access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 8. Applicant shall at its expense install chain link fencing with tan aluminum lathing at each well site upon the completion of construction. 2 1998. 9. The new processing unit for the Coors V 6-13Ji shall be a low profile design with a height not to exceed twelve (12) feet. The existing processing units currently used for the Perrin V 20-5D well and the Coors V 6-13Ji Well shall not be modified in a manner that increases their heights beyond their existing heights, and in the event the processing unit for either or both of the Perrin V 20-SD Well or the Coors V 6-13Ji well is replaced, the replacement unit shall be a low profile design with a height not to exceed twelve (12) feet. INTRODUCED, READ, and ADOPTED this �eday of , _, S T ATTEST: T.L. Peterson Town Clerk 081598/1156tail1c:Firestcn\Patina.ree �OVE/Patterson ifa o ".4 O 3 !T EXHIBIT A Description of Well Locations Coors V-13Ji Well: 600 feet from the south line and 536 feet from the west line of Section 6, Township 2 North, Range 67 West, 6th P.M., being located in the SW/4SW1/4 of said Section 6. Perrin V 20-5D Well: 1783 feet from the north line and 462 feet from the west line of Section 20, Township 2 North, Range 67 West, 6th P.M., being located in the SW1/4NW1/4 of said Section 20. 4 RESOLUTION NO. 98-20 A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR ST. VRAIN RANCH SUBDIVISION, FILING I. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Subdivision Plat and Final Development Plan for St. Vrain Ranch Subdivision Filing I; and WHEREAS, all materials related to the proposed Final Subdivision Plat and Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Final Subdivision Plat and Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Subdivision Plat and Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Subdivision Plat and Final Development Plan for St. Vrain Ranch Subdivision Filing I should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: ecti n 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Final Subdivision Plat and Final Development Plan for St. Vrain Ranch Subdivision Filing I subject to the following conditions: Final Plat 1. Prior to Town execution and recording of the Final Plat, Subdivider and the Town shall execute and record a Subdivision Agreement in a form acceptable to Subdivider and the Town. 2. Revise the dedication block to include proper owner signatures. 1 3. Outlot J shall be dedicated and conveyed to the Town of Firestone for purposes of public access; Outlot J shall be maintained by the Subdivider or a successor homeowners association. 4. Note 11 on the cover sheet shall be revised to reflect that the site easements are across Lot 8 (not 10) of Block 3 and Lot 1 of Block S. 5. Add at the bottom of the dedication block the following statement, as required by Town Code section 16.12.080.D: It is expressly understood and agreed by the undersigned that all expenses and costs involved in constructing and installing sanitary sewer system works and lines, water system works and lines, gas service lines, electrical service works and lines, landscaping, curbs, gutters, street pavement, sidewalks, and other such utilities and services shall be guaranteed and paid for by the Subdivider or arrangements made by the Subdivider thereof which are approved by the Town of Firestone, Colorado, and such sums shall not be paid by the Town of Firestone, and that any item so constructed or installed when accepted by the Town of Firestone shall become the sole property of said Town of Firestone, Colorado, except private roadway curbs, gutter and pavement and items owned by municipality franchised utilities, other serving public entities and/or U.S. West Communications, Inc., which when constructed or installed shall remain and/or become the property of such municipality franchised utilities, other serving public entities, and/or U.S. West Communications, Inc. and shall not become the property of the Town of Firestone, Colorado. 6. Prior to Town execution and recording of the Final Plat, Subdivider shall transfer to the Town, free and clear of all liens and encumbrances, the required number of shares of CBT water for the Subdivision. 7. The vicinity map shall be revised to show "Firestone" also north of the subdivision. 8. At the time of recording of the Final Plat, Subdivider shall convey to the Town by special warranty deed Outlots A, F and J, and the Road 22 right-of-way, free and clear of all liens and encumbrances. 9. An updated title commitment shall be submitted to the Town Attorney prior to recording of the Final Plat, and a title policy shall be provided for the Outlots and right-of-way conveyed to the Town. F, Final Development Plan Text 10. The numbers in Paragraph 1 of the "Open Space" section shall be revised consistent with the accurate numbers in the Land Use table. Final Development Plan Maps 11. Mailbox locations shall be coordinated with the US Postal Service. 12. The FDP shall incorporate the typical elevations, representing the homes that will be constructed, presented and approved at the Board hearing. 13. The FDP shall incorporate the typical split rail and privacy fence details presented. by Staff and approved at the Board hearing. 14. The FDP shall incorporate the trail landscape and development plan, and the notes for trail landscape and development plan, presented by Staff and approved at the Board hearing. 15. The FDP plan maps shall be modified to reflect proper lot boundaries as shown on the final plat. 16. Final homeowners association documents and covenants shall be reviewed and approved by Town Staff prior to execution and recording. INTRODUCED, READ, and ADOPTED this ,6 day of 1998. ATTEST: f`! Peterson Town Clerk "Ric]F tterson 061598/1200[ojl]a:Fireatcn\stvrain.res 3 0 RESOLUTION NO. A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT TO CONDUCT AN ELECTION REGARDING THE EXTENSION OF THE REGIONAL TRANSPORTATION DISTRICT INTO A SPECIFIED AREA IN WELD COUNTY, COLORADO WHEREAS, pursuant to S.B. 98-120, an area of Weld County will be included in the Regional Transportation District ("RTD") if approved by the voters at an election; and WHEREAS, said area (the "Extension Area") is described in C.R.S. §32-9-106.5(1) as follows: Beginning at a point on the western right-of-way line of County Road 1 where it intersects the southern right-of- way line of County Road 2; thence north along the western right-of-way line of County Road 1 to the northern right- of-way line of County Road 30; thence east along the northern right-of-way line of County Road 30 to the eastern right-of-way line of County Road 19; thence south along the eastern right-of-way line of County Road 19 to the southern right-of-way line of County Road 2; thence west along the southern right-of-way line of County Road 2 to the beginning point. and WHEREAS, the Town of Firestone is a municipality that includes portions of the Extension Area; and WHEREAS, such election must be held at the general election in 1998, 2000, or 2002, as determined by intergovernmental agreement of the governing bodies of all municipalities that include portions of the Extension Area, and by the Board of County Commissioners of Weld County; and WHEREAS, the Town of Firestone desires to enter into an intergovernmental agreement with Weld County and the other affected municipalities, wherein they agree to call jointly for such election to be held at the general election on November 3, 1998; to set the ballot language; to designate the Weld County Clerk and Recorder to be the Designated Election Official for such election; to designate who shall be responsible for paying the costs of the election; and to state that the inclusion of the Extension Area in the RTD shall not result in an encumbrance of any of the funds of the affected governmental entities; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1 section 1 The agreement entitled "Intergovernmental Agreement for Conducting Election Regarding Extension of Regional Transportation District into Weld County, Colorado," is hereby approved in essentially the same form as the copy of such agreement accompanying this resolution and the Mayor is hereby authorized to sign the agreement, subject to the following: the Mayor is hereby granted the authority to approve such revisions to said agreement as the Mayor determines are necessary or desirable for the protection of the Town, so .long as the essential terms and conditions of the agreement are not altered. Section 2. This resolution shall be all that is necessary to comply with C.R.S. §32-9-106.5(2)(b). Z�&VRODU ED, READ, and ADOPTED this !� day of 1998. Attest: rpl:.Town Clerk 081098/1225[ojl)c.Pirentam\RTDIGA.reo TOWN OF FIRESTONE, COLORADO tterson W. :Js77A 'to rn 2 INTO WELD COI• •R*•• THIS INTERGOVERNMENTAL AGREEMENT dated this _ day of , 1998, is by and between the County of Weld, Colorado, by and through the Board of County Commissioners of the County of Weld, hereinafter referred to as "Weld County;" the Cities of Broomfield, Dacono, Longmont, and Northglenn,*Colorado, by and through their respective city councils; and the Towns of Erie, Firestone, Frederick, and Mead, Colorado, by and through their respective town boards of trustees, hereinafter collectively referred to as "Municipalities." The address of all of the parties are set forth on their respective signature pages, below. 1.'jJl1►PS&INIC4 WHEREAS, through SB 98-120, the Colorado General Assembly enacted C.R.S. § 32-9- 106.5, which provides a procedure whereby an area of Weld County is to be included in the Regional Transportation District ("RTD") if approved by an election by those eligible electors within said area; and WHEREAS, said area is described in C.R.S. § 32-9-106.5(1), as follows: Beginning at a point on the western right-of-way line of County Road 1 where it intersects the southern right-of-way line of County Road 2; thence north along the western right-of-way line of County Road 1 to the northern right-of-way line of County Road 30; thence east along the northern right-of-way line of County Road 30 to the eastern right-of-way line of County Road 19; thence south along the eastern right-of-way line of County Road 19 to the southern right-of-way line of County Road 2; thence west along the southern right-of-way line of County Road 2 to the beginning point, said area being hereinafter referred to as the "Extension Area;" and WHEREAS, C.R.S. § 32-9-106.5(2)(a)(II)(A) states that for the Extension Area to be included in the RTD, there must be an election held either at the general election in 1998, 2000, or 2002, as determined by intergovernmental agreement of the governing bodies of all municipalities that include portions of the Extension Area, and by the Board of County Commissioners of the Weld County; and WHEREAS, Municipalities comprise all of the municipalities that include portions of the Extension Area; and WHEREAS, this Intergovernmental Agreement is intended to satisfy the requirements of C.R.S. § 32-9-106.5. Page 1 of 12 Pages NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. ARM: The term of this Intergovernmental Agreement shall be from the date of signature hereunder, to and until such time as the result of the election called for in Paragraph 2, below, is certified by the Weld County Clerk and Recorder. 2. CALL FOR ELECTION: The parties collectively call for an election, pursuant to the requirements set forth in C.R.S. § 32-9-106.5 to be held at the General Election of November 3, 1998, for the purpose of allowing the eligible electors within the Extension Area to vote for or against the inclusion of the Extension Area in the RTD. The parties agree that the ballot language shall be in the form as follows: SHALL THE AREA OF WELD COUNTY, COLORADO THAT IS DESCRIBED AS FOLLOWS BE INCLUDED IN THE REGIONAL TRANSPORTATION DISTRICT, FOR WHICH THE CURRENT RATE OF SALES TAX LEVIED IS 0.6%? BEGINNING AT A POINT ON THE WESTERN RIGHT-OF-WAY LINE OF COUNTY ROAD I WHERE IT INTERSECTS THE SOUTHERN RIGHT-OF-WAY LINE OF COUNTY ROAD 2; THENCE NORTH ALONG THE WESTERN RIGHT-OF-WAY LINE OF COUNTY ROAD I TO THE NORTHERN RIGHT-OF-WAY LINE OF COUNTY ROAD 30; THENCE EAST ALONG THE NORTHERN RIGHT-OF-WAY LINE OF COUNTY ROAD 30 TO THE EASTERN RIGHT-OF-WAY LINE OF COUNTY ROAD 19; THENCE SOUTH ALONG THE EASTERN RIGHT-OF-WAY LINE OF COUNTY ROAD 19 TO THE SOUTHERN RIGHT-OF-WAY LINE OF COUNTY ROAD 2; THENCE WEST ALONG THE SOUTHERN RIGHT-OF-WAY LINE OF COUNTY ROAD 2 TO THE BEGINNING POINT. 3. DESIGNATED ELECTION OFFICIAL: The Weld County Clerk and Recorder is hereby designated by the parties as the Designated Election Official for the election called for in Paragraph 2, above. The Clerk and Recorder shall conduct the election pursuant to the provisions set forth in Articles l to 13 of Title 1, C.R.S. 4. COSTS OF THE ELECTION: The parties agree that all costs associated with the conducting of the election called for in Paragraph 2, above, shall be paid for by Weld County, for which payment it may use monies from the RTD, if available. 5. INCLUSION NOT AN ENCIBRANCE: The parties agree that if the eligible electors of the Extension Area vote for inclusion into the RTD, such inclusion shall not require the encumbrance of any of the funds of Weld County or the Municipalities and, further, that neither Weld County, nor the Municipalities, shall be required to appropriate funds for the activities of the RTD within the Extension Area. Page 2 of 12 Pages 6. APPROVAL BY THE PARTIES BY RESOLUTION: Each of the parties herein agree to approve this Intergovernmental Agreement by separate resolution and, further, that such approving resolution shall be all that which is necessary to comply with C.R.S. § 32-9- 106.5(2)(b). 7. ENTIRE AGREEMENT: The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. This Intergovernmental Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. S. SEVERABILITY: If any term or provision of this Intergovernmental Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this intergovernmental Agreement, or the application of such terms or provisions, to a person or circumstances, other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Intergovernmental Agreement shall be deemed valid and enforceable to the extent permitted by law. 9. NO WAIVER OF IMML IITY: No portion of this Intergovernmental Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Intergovernmental Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Intergovernmental Agreement. 10. NO THIRD PARTY BEN-'EICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Intergovernmental Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing in this Intergovernmental Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Intergovernmental Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Intergovernmental Agreement shall be an incidental beneficiary only. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above wntten. LLAW"U1J AC1U%kTUF.L=X W,0 Page 3 of 12 Pages ATTEST: CLERK TO THE BOARD OF COUNTY COMMISSIONERS Deputy Clerk to the Board BOARD OF COUNTYCOMMISSIONERS OF WELD COUNTY, COLORADO BY: Constance L. Harbert, Chair Page 4 of 12 Pages *% t ATTEST: CITY OF BROOMFIELD, COLORADO BY: BY: Vicky Marcy, City Clerk William Berens, Mayor CITY OF BROOMFIELD One DesCombes Drive Broomfield, CO 80020 Phone: (303) 469-3301 FAX: (303) 469-8554 Page 5 of 12 Pages ATTEST: CITY OF DACONO, COLORADO DUN Nancy Elliott, City Cleric Linda Stepien, Mayor CITY OF DACONO 512 Cherry Street P.O. Box 186 Dacono, CO 80514 (303) 833-2317 FAX: (303) 572-7527 Page 6 of 12 Pages ATTEST: CON BY:Trudy Peterson, City Clerk TOWN OF FIRESTONE 150 Buchanan Avenue P.O. Box 100 Firestone, CO 80520 (303) 833-3291 FAX: (303) 833-4863 Page 7 of 12 Pages FIRESTONE, COLORADO Mayor ATTEST: TOWN OF FREDERICK, COLORADO BY: BY: Karen Borkowski, City Clerk Edward Tagliente, Mayor TOWN OF FREDERICK 401 Locust Street P.O. Box 435 Frederick, CO 80530 (303) 833-2388 FAX: (303) 833-3817 Page 8 of 12 Pages ATTEST: IWd CITY OF LONGMONT, COLORADO Valerie Skitt, City Clerk Leona Stoecker, Mayor CITY OF LONGMONT 350 Kimbark Street Longmont, CO 80501 (303) 776-6050 FAX: (303) 651-8590 Page 9 of 12 Pages ATTEST: TOWN OF MEAD, COLOR -ADO Judy Hegwood, City Clerk Keith Goshia, Mayor TOWN OF MEAD 441 3rd Street P.O. Box 626 Mead, CO 80542 (970) 535-4477 FAX (970) 535-0831 Page 10 of 12 Pages ATTEST: I� CITY OF NORTHGLENN, COLORADO Diana Lentz, City Clerk Don Parsons, Mayor CITY OF NORTHGLENN 11701 Community Center Drive Northglenn, CO 80233 (303) 451-8326 FAX: (303) 450-8708 Page 1 I of 12 Pages ATTEST: TOWN OF ERIE, COLORADO 11-rd Rhonda Eckert, Town Clerk Vic Smith, Mayor TOWN OF ERIE, COLOR -ADO 1149 TeIleen Ave. P.O. Box 750 Erie, Colorado 80516 Phone: (303) 665-3555 FAX: (303) 665-3557 Page 12 of 12 Pages RESOLUTION NO.YL-�A A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. ODUCED, READ, AND ADOPTED this day of 1998. TOWN OF FIRESTONE, COLORADO 54�4 Rick Patterson, Mayor ATTEST: ri T.L. Petierso`n�, Town Clerk RESOLUTION. NO . ', L5 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE WELD COUNTY CLERK AND RECORDER FOR THE CONDUCT AND ADMINISTRATION OF A COORDINATED ELECTION TO BE HELD NOVEMBER 3, 1998. WHEREAS, the Town will hold an election on November 3, 1998, as a coordinated election pursuant to the Uniform Election Code of 1992, as amended; and WHEREAS, pursuant to Section 1-7-116 of the Uniform Election Code of 1992, the Town desires to enter into an intergovernmental agreement for the conduct of the coordinated election with the weld County Clerk and Recorder as the "coordinated election official"; and WHEREAS, such an agreement has been submitted to the Town by the weld County Clerk for approval. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Intergovernmental Agreement for the conduct of a coordinated election to be held November 3, 1998, between the Town, the Weld County Clerk and Recorder, and the Weld County Board of County Commissioners is hereby approved in essentially the same form as the copy of the Agreement accompanying this Resolution, except the Mayor is hereby granted the authority to approve such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. ODUCED, READ, and ADOPTED this day of 1998. TOWN OF FIRESTONE, COLORADO r-, RRii atterson S-..11M O a r� Attest: Op N.. e Ty. terson Town Clerk 081098/1555[8jIIC:Fire8tCU\E1ciGA98.r8e JUL-23-98 THU 13:50 P. 03 Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections 1998 Master TOWN OE FIRESTONF-hereinafter referred to as "Jurisdiction", does hereby agree and contract with the Board of County Cotnmissioncrsof the County of Weld, hereinafter referred to as "Commissioners", and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk", concerning the administration of The November 3, 1998 coordinated election conducted pursuant to the Uniform Election Code of 1992 is amended (hercinafter "Code"), and the riles and regulations promulgated thereunder, found at X C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, or to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via polling place on November 3, 1998, and WHEREAS, the Jurisdiction agrees to conduca it coordinated election with the County Clerk acting as the coordinated election official, and WI EREA' the County Clerk is the "coordinated election official" pursuant to C.R.S. § 1-7- 116(2) and is to perform certain clection services in considerationof perlumiance by the Juri.RdictiiLn of the obligations herein below set forth, and WHEREAS, such agreements are authorized by statute at §§I-I-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, MEREFORF, in consideration of the nnitual covenants herein, the parties agree as follows: 1. The ' Jurisdiction encompasses territory within Weld County and C.'ounty(ies). This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 3, 1998 election. 3. The Jurisdiction agrees to perform the following tasks and activities: Conduct all procedures required of the clerk for initiatives, referenda, and referred measures tinder the provisions of C.R.S.§ § 31-11-101 through 117 Page I of 6 JUL-23-98 THU 13:51 P. 04 and 22-30-104(4). b. To do all tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not Iimited to; issue approval as to form, where appropriate, of nominating petition; determine ciuididate eligibility, receive candidate acceptance of nominations; accept notice of intent, petitions for nomination, and affidavits of circulators; verify signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set firth in any applicable provisions of Title 1, Article IV, Pats 8 and 9, § 1-4-50](1), § 22-31-107, C.R.S., and those portions of the Colorado Municipal EIection Code of 1965, Article X of Title 31 as adopted by reference pursuant to § 1-4-805, L.R.S. Establish order of names and questions pursuant to § 1-5-406 for Jurisdictions portion col' the ballot and submit to the County Clerk in final form. The ballot content, including a list of candidates, ballot title, and text, must be certified to the County Clerk prior to 55 days before the election, pursuant to §§ 1-1-110(3) and 1-5-203(3), C.R.S. d. Publish and pest notices of election pursuant to § 1-5-205, C.R.S., and include the inlonnation regarding the walk-in locRatiun address for application or return of absentee ballots as set forth in paragraph 4.c of this Agreement. e. Accept written comments fbr and against ballot issues pursuant to C.R.S. §§ 1-7-901 and 1-40-125(2)(e). Cornments to be accepted must be filed by the end of die business day on the Friday betbre the 45th day before the election Preparation of summaries of written comments shall he done by the jurisdictionbut only to the extent required pursuant to § 1-7-903, C.R.S. The full text of any required ballot issue notices must be transmitted to and received by the County Clerk no less than 42 days prior to the election. No portion of this paragraph shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. f. Accept affidavits of intent to accept write-in candidacy up until close of business on August 31, 1998 and provide a list ol'valid affidavits received to the County Clerk pursuant to C.K.S. §§ 1-4-1101 rand 1102. g. Publish or post within the _jurisdiction any notices or ballots if required in addition to County publications set fknth in ¶ 4.b herein which notice may incorporate the County C lcrk's notice pursuant to C.R.S. 1-5-205 (1.2). h, Pay the sum of S.50 per registeredelector eligible to vote in the Jurisdictions election as of the final date of registration prior, to the November 3, 1998 Page 2 of 6 JUL-23-98 THU 13:52 P.05 election, with a $200 minitnum, within 30 clays of billing, regardless of whether or not the election is actually held. Notwithstanding the foregoing, for any election which does nut involve a ballot issue requiring Article X, Section 20 notices, Jurisdiction shall be liable for $.30 per registered elector eligible to vote in the Jurisdiction'selection as of the final date of registraticrt prior to the November :3. 1998 election, with a $200 minimum, plus any Additional costs pursuant to 8 C.C.R. 1505-1 § 5.4.2.2. In addition, Jurisdiction shall also reimburse Clerk for payment of members of the Board of Canvassers, eligible to be paid, the sum of $15 per day pursuant to C.R.S. 1-10-201(4) when the Jurisdiction designates persons for the Board of Canvasserspurstaant to ¶ 4(g) of this Agreement. If the Jurisdiction cancels the election before it% Section 20, Article X notices are due to the County and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses. The Jurisdiction shall also he responsible for costs ol'recounts pursuant to C.R.S. § § 1-10-309, 1-1-303 or 1-11-215 unless otherwise provided pursuant to § § 1-10-304 and 304.5. Designate an "election officer" who shall act as the primary liaison between the Jurisdiction and the Cuu11ty Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. j. By approval ol'tbis Agreement, any municipality is resolving not to use the provisions of the M&u11cipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. k. Mail notices pursuant tO § 1-7-906(2) for active registered electors who do not reside within the County or counties where the political subdivision is located. Carry out all actions necessary Itir cancellation of an election including notice pursuant to C.R.S. § 1-5-208 and pay any costs incurred by the County Clerk within 30 days ol'receipt of an invoice setting forth the costs of the canceled election pursuant to C.R.S. 1-5-208(5). 4. Duties of County Clerk Agrees to perform the following tasks and activities: a. Except as otherwise expressly provided for in this Agreement, to act as the designatedelection official for the conduct of the election for the Jurisdiction Pave 3 of 6 JUL-23-98 THU 13:52 P.OS for all matters in the Code which require action by the designated election official and as coordinated election official. b. Circulate the Article X, Section 20, Ballot Issues notices pursuant to C.R.S. § 1-7-905 and 906(l) and publish and post notice, as directed in C.R.S. § 1-5- 205. Publication by the County Clerk will only be in the County legal newspaper and the Greeley Tribune and the designated election official is responsible for any additional notices pursuant to ¶ 3g herein . C. Provide a place for early voting and application for and issuance of absentee ballots at 1402 N. 17th Avenue, Greeley, Colorado, at the office of the Weld County Clerk and Recorder. Early voting shall take place during the hours of 9:30 a.m. - 4:30 p,m„ Monday - Friday starting October 19, 1998 and ending October 30, 1998. d. Give notice to Jurkdiction or the number of registered electors within the Jurisdiction as of (lie effective date of cutoff for registration, identify the members of the Board of Canvassers el igible for receiving a fee, and bill the Jurisdiction. e. Designate a "contact" to act m a primary liaison or contact between the Jurisdiction tend the County Clerk. f. The County Clerk shrill appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. g. Select and Appoint a Board of C'tutvasscrs to canvass the votes; provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that jurisdiction. if the 3urisdiction desires to appoint one of its members and an eligible elector to assist, it shall make those appointments, and shall notify the County Clerk in writing of those appointments not later than I S days prior to the election. The County Clerk shall receive and canvass all votes, and shall certify the results in the tune and manner Provided and required by the Code. All recounts required by the Code shall be conducted by the County Clerk in the time and mariner required by the Code. Page 4 of 6 JUL-23-98 THU 13 : 53 P. 07 General Provisions a. Time is of the essence to this Agreement. The statutory time frames of the Code shall apply to completion of the tasks required by this Agreement. b. Conflict of Agreement with law This Agreement shall he interpreted to consistent with the Code, and provisions of Title 31 and 22 applicable to the conduct of elections and 8 C.C.R. 1505-1.. Should there be irreconcilable conflicts between the statutes, this agreement and the Colorado Regulations, the statutes shall first prevail, then this agreement and lastly the Colorado Regulations. C. Liquidated damages provision In the event that a Cow of contpetent.jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligenccor failure ofthe County Cleric to perlorm in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damages, not as a penalty, refund all payments made, pursuant to 13 h of this Agreement and shall, iI*requested by the Jurisdiction, conduct the next coordinated election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d, No portion of this Agreement shall be deemed to Create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges or immunities the parties, their officers, or employees may possess, except as expressly provided in this Agreement. e. This constitutes the entire agreement of the panics and no amendment may be made except in writing approved by the parties. f. Notice shall be given by .lrrrisdiction to the Clerk at phone: (970)353-384Q Fxtensi_on 3100, fax number: LM 35l 3-1964, address: P.0_Box 459, Greeley CO 80632, and the Jurisdiction notice shall be given to the Jurisdiction at phone: fax: address: Page 5 of 6 JUL-23-98 THU 13:54 P. 08 DATED this day of WELD COUNTY CLERK & RECORDER J.A. "Suki" Tsukamoto APPROVED AS TO FORM: County Attorney APPROVED AS TO FORM Attorney for Jurisdiction , 1998. BOARD Ul: COUNTY COMMISSIONERS OF THE COUNTY OF WELD Constance L.Harbert, Chainnan ATTEST: Clerk io the Board ol'County Commissioners Deputy Clerk to the Board (Jurisdiction) (Title) ATTEST: {'l�itic) M:\KSEILER\98ELECM.LDM Page 6 of fi RESOLUTION NO. 0-2y2y A RESOLUTION PRESCRIBING WATER RATES AND CHARGES FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town operates a municipal water system; and WHEREAS, the Town and the Central Weld County Water District are parties to various intergovernmental agreements concerning the provision of water service and facilities to the Town; and WHEREAS, pursuant to such intergovernmental agreements, the District has increased charges pertaining to the provision of water service to the Town; and WHEREAS, after review and analysis of the costs of providing, operating and maintaining the Town's water system, and in cons ideration, of the District's increases, the Board of Trustees has determined that increases in the water system rates and charges are necessary to correspond with District increases and the Town's increased operating costs. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Water rates and charges. The following monthly rates and charges shall be imposed for water service received through the Town of Firestone water system: Monthly Minimum Charge for 5,000-15,000 15,000-20,000 Over 20,000 Meter First Per 1,000 Per 1,000 Per 1,000 Size_ ____5,000 Gallons Gallons Used Gallons Used Gallons Used 5/8" $19.12 $1.10 $1.20 $1.30 3/4" $29.92 $1.10 $1.20 $1.30 1 $55.42 $1.10 $1.20 $1.30 1-1/2" $80.22 $1.10 $1.20 $1.30 2" $135.22 $1.10 $1.20 $1.30 Section 2. Connection fees, capital investment and repair charges, The following connection fees, capital investment and repair charges shall be imposed, except that the Town of Firestone shall not be required to pay such connection fees for irrigation sprinkler systems for any public parks, rights -of -way, open space, or medians, or any facility developed, owned or paid for by the Town. Capital Meter Connection Investment Size _ _ Charge and Repair Total 5/8" $5,800 $600 $6,400 3/4" $7,800 $600 $8,400 1" $13,800 $600 $14,400 Connection fees, capital investment and repair charges for taps requiring a meter larger than one inch shall be determined by the Board of Trustees on an individual basis considering such factors as type of use, contemplated volume demand for water, effect on the entire water system in the Town and all other factors relevant to the application. Pursuant to the terms of an Intergovernmental Agreement for Water Main Extension ("Agreement") by and between the Town, the Central Weld County Water District ("CWCWD"), the Town of Frederick and the City of Dacono dated February 16, 1994, the foregoing connection fees may be reduced by the amount set forth below for new water taps purchased to provide water service to any lot platted prior the January 1, 1994, which lot is located within the present Town boundaries. Such reduction shall only apply to the first twenty five water taps purchased for such platted lots after CWCWD has completed the water line and increased its fees in accordance with the Agreement. Meter Tap Size Reduction Amount 5/8" $2,000 3/4" $3,000 1" $6,000 INTRODUCED, READ, and ADOPTED this,,/.,,Oday of , 1998. TOWN OF FIRESTONE, COLORADO L'6r ATTES T.L. eterson Town Clerk ti• RESOLUTION NO. 98-25 4 A RESOLUTION SUBMITTING A BALLOT ISSUE TO A VOTE OF THE REGISTERED ELECTORS OF THE TOWN OF FIRESTONE AT THE COORDINATED ELECTION TO BE HELD NOVEMBER 3, 1998 WHEREAS, the Town will hold a special municipal election on November 3, 1998, as a coordinated election pursuant to the Uniform Election Code of 1992, as amended; and WHEREAS, a new municipal services building has been proposed for the Town of Firestone; and WHEREAS, it has been proposed that the new municipal services building be financed in part by the issuance of debt to be paid by increased ad valorem taxes or such other revenues as may be available to the Town; and WHEREAS, the Town is authorized to submit to the registered electors of the Town, at a regular or special election, the question of incurring indebtedness by the Town, including the issuance of general obligation bonds or other obligations for financing a new municipal services building; and WHEREAS, the Town is authorized to establish a mill levy on taxable real property within the Town, and to increase said mill levy, subject to voter approval; and WHEREAS, the Town is authorized to collect, retain, and expend certain revenues received by the Town only with voter approval; and WHEREAS, the purposes of the ballot issue provided in this Resolution is to provide for the additional revenues needed for a new municipal services building, by authorizing the Town to incur general obligation indebtedness, to impose an additional mill levy to pay such indebtedness, and to collect, retain, and expend the earnings and revenues therefrom; and WHEREAS, the Board of Trustees finds it is in the best interest of the Town to refer said ballot issue to a vote of the registered electors of the Town at the November 3, 1998, special municipal election pursuant to Article X, Section 20 of the Colorado Constitution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: gection 1. The following ballot issue, certified in substantially the form set forth below, is hereby referred to the registered electors of the Town and shall appear on the ballot of the Town of Firestone special municipal election to be held on November 3, 1998: 1 SHALL THE TOWN OF FIRESTONE DEBT BE INCREASED $700,000 WITH A REPAYMENT COST OF $1,135,517; AND SHALL THE TOWN OF FIRESTONE TAXES BE INCREASED $79,050 ANNUALLY, OR BY SUCH LESSER ANNUAL AMOUNT AS MAY BE NECESSARY TO PAY THE TOWN'S DEBT; SUCH DEBT TO CONSIST OF GENERAL OBLIGATION BONDS OR OTHER OBLIGATIONS, ISSUED FOR THE PURPOSE OF ACQUIRING AND CONSTRUCTING A MUNICIPAL SERVICES BUILDING FOR THE TOWN OF FIRESTONE, TO INCLUDE ALL NECESSARY EQUIPMENT, FURNISHINGS AND INCIDENTALS FOR SUCH BUILDING, SUCH DEBT TO BEAR INTEREST AS A MAXIMUM NET EFFECTIVE INTEREST RATE OF 7.25t PER ANNUM, AND TO MATURE OR BE PAYABLE IN NOT MORE THAN 15 YEARS AFTER ISSUANCE; SUCH TAXES TO CONSIST OF AD VALOREM TAXES LEVIED WITHOUT LIMITATION OF RATE AND IN AMOUNTS SUFFICIENT TO PRODUCE THE ANNUAL TAX INCREASE SET FORTH ABOVE OR SUCH LESSER AMOUNT AS MAY BE NECESSARY; AND SHALL THE PROCEEDS OF ANY SUCH DEBT AND TAXES, AND OTHER MONEY USED TO PAY SUCH DEBT, AND INVESTMENT INCOME THEREON, CONSTITUTE VOTER - APPROVED REVENUE CHANGES AND BE COLLECTED AND SPENT BY THE TOWN NOTWITHSTANDING ANY EXPENDITURE, REVENUE - RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED AND SPENT BY THE TOWN? YES NO sectign 2. The officers and employees of the Town are hereby authorized and directed to take all necessary and appropriate action to effectuate the provisions of this Resolution in accordance with Colorado law. Section 3. In no event shall the issuance of the bonds contemplated by this Resolution cause the total indebtedness of the Town, excluding indebtedness as may be incurred in supplying water, to exceed three percent of the actual value of the taxable property in the Town. section _4 . If any portion of this Resolution is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this Resolution. The Board of Trustees hereby declares that it would have passed this Resolution and each part hereof irrespective of the fact that any one part be declared invalid. Section 5. This Resolution shall be effective immediately upon its adoption. Section6. The Board of Trustees may submit additional ballot issues or other referred measures to appear on the ballot of the special municipal election by the adoption of an appropriate resolution or ordinance as required by law. 2 I RODUCED, READ, and ADOPTED this , day of 1998. TOWN OF FIRESTONE, COLORADO t Attest. T.L. Peterson Town Clerk 082698/1029(ajl]c:Fireatcm\Elect98.res 3 01 ck Patterson RESOLUTION NO. �-al,0 A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. RODUCED, READ, AND ADOPTED this day of , 1998. TOWN OF FIRESTONE, COLORADO ATTEST: 01 r , RESOLUTION NO. �W% A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. 1N ODUCED, READ, AND ADOPTED this o 41' day of 1998. TOWN OF FIRESTONE, COLORADO 09Iifts T. . Peterson, Town Clerk