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JUNE - DECEMBER
RESOLUTION NO.J;�, - (,0 A RESOLUTION PRESCRIBING THE PAYMENT RATE FOR PAYMENTS OF CASH -IN - LIEU OF WATER RIGHTS DEDICATIONS TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town operates a municipal water system and requires the dedication of water rights in connection with the annexation, subdivision and development of, and water service to, properties within the Town; and WHEREAS, pursuant to Sections 1.08.050 and 13.08.010 of the Firestone Municipal Code, the Town requires that seventy-five percent (75%) of the water dedication requirement be met by dedication of water and that twenty-five percent (25%) of the dedication requirement be met by payment of cash -in -lieu of dedication; and WHEREAS, Sections 1.08.050 and 13.08.010 provide that the rate for payments of cash - in -lieu of water rights shall be as determined by the Board of Trustees from time to time by resolution, which rate shall be equivalent to one hundred and ten percent (110%) of the then -current purchase price of acre-foot units of Colorado Big Thompson ("CBT") water; and WHEREAS, the Board of Trustees previously approved a resolution setting the payment rate at $10,700.00 per acre-foot of CBT water; and WHEREAS, based on current information regarding the average purchase price for shares of CBT water, the Board of Trustees desires to set a new cash -in -lieu payment rate; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Effective upon the adoption of this resolution, the payment rate for payments of cash -in -lieu of water rights dedications shall be $14,500.00 per acre-foot unit of Colorado Big Thompson ("CBT") water. Said rate shall remain in effect until revised by subsequent resolution of the Board of Trustees. Section 2. The charges set by this resolution shall supersede and replace any charges previously set or adopted by the Board of Trustees for the same purpose. Section 3. All other resolutions or portions thereof inconsistent or conflicting with this resolution or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. PASSED AND ADOPTED THIS I T-"- DAY OF VKJ— , 2013. 'cowN to SEAL ; o ni Q 4 ATTEST: AUNTY, GO Rebecca Toberman, Town Clerk TOWN OF FIRESTONE, COLORADO C' Li &�::� Chad Auer, Mayor RESOLUTION NO. 13 . D -+- A RESOLUTION APPROVING AN AMUSEMENT LICENSE FOR CRABTREE AMUSEMENT TO OPERATE A CARNIVAL ON LOT 3 OF THE FIRESTONE SAFEWAY SUBDIVISION FROM DULY 3 TO DULY 6, 2013 WHEREAS, the Board of Trustees has received an application for an amusement license from Crabtree Amusement requesting approval to operate a carnival on Lot 3 of the Firestone Safeway Subdivision from July 3 to July 6, 2013; and WHEREAS, Town staff has reviewed the application, and found that, with conditions, it complies with Chapter 5.12 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees finds that the amusement license should be approved, subject to certain -Ionditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves an amusement license for Crabtree Amusement to operate a carnival on Lot 3 of the Firestone Safeway Subdivision (the "Property") from July 3 to 6, 2013, subject to the terms and condition set forth below: A. The hours of operation of the carnival shall be as follows: a. Wednesday, July 3 from 4:00 p.m. to 11:00 p.m. b. Thursday, July 4 from 10:00 a.m. to 11:00 p.m. C. Friday, July 5 from 4:00 p.m. to 11:00 p.m. d. Saturday, July 6 from 4:00 p.m. to 11:00 p.m. except .for a break in operations from approximately 15 minutes before until the end of the N eterans ceremony on July 4. B. The site shall be kept in a clean and sanitary condition, free from all junk, litter and debris, at all times and shall be returned to its original condition no later than July 9, 2013. Operator at its expense shall provide sufficient trash and restroom facilities on site. C. Any and all lighting to be placed upon the Property shall be non -intrusive so as not to constitcte a nuisance to any neighboring properties. No lighting may be maintained outside of the hours of operation. D. Submit a traffic control plan approved by the Chief of Police. E. Supplement the site plan concerning barricading and points of entry and access in accordance with Town Staff direction. F. Submit written approval by the Frederick -Firestone Area Fire Protection District of the site plan and emergency access provisions, and submit to any site inspections required by the Fire Protection District. G. Submit a certificate showing that each tent or temporary stand has been flame -treated, within one year, by a recognized flame-retardant product, and that fire extinguishers contain necessary certification tags. H. Attach a copy of any report of any inspection made of the carnival or amusement rides or devices in the previous twelve months, and a copy of such report of any inspection to be conducted between the date of approval of this resolution and the end of the date of the carnival. I. Submit details regarding the provision of uniformed, trained security personnel (if any). The applicant agrees to provide security personnel reasonably required by Town Staff. If applicant requests security be provided through the Firestone Police Department, applicant shall reimburse the Town for police personnel service provided. J. Comply with any Building Department requirements for inspections. K. The Town shall have the right to enter into the Property at any time during the term of this Agreement for any purpose of the Town. L. Overnight stay on the property is subject to the following requirements: a. Overnight stay facilities are limited to enclosed vehicles or structures; no tent or open camping is permitted. No camp fires are permitted. b. Overnight stay is allowed only for safety, security and operational personnel of the operator, and limited to a maximum of 20 persons. C. Restroom facilities shall be available overnight by either restroom facilities within RVsltrailers or port -a -lets in the immediate vicinity of the sleeping area. M. Provide current registration with Division of Oil and Public Safety. INTRODUCED, READ, and ADOPTED this—LZnay of , 2013. 2 �\v ESTpN TQWN SITAL "� 0 ATTEST: jl'o� k ar4ssa ivies Town Clerk Pro -tern TOWN OF FIRESTONE, COLORADO c UJ k�7'� Chad Auer Mayor RESOLUTION NO. I2 `� A RESOLUTION PURSUANT TO C.R.S. §31-30.5-209 PROVIDING FOR APPROPRIATE USES OF OLD HIRE POLICE OFFICERS' PENSION FUND WHERE NO BENEFICIARIES EXIST OR MAY EXIST WHEREAS, pursuant to C.R.S. §31-30.5-209 a notice was published in a newspaper having general circulation within the Town of Firestone on March 12, 2013 stating the intent of the Board of Trustees of the Town of Firestone to use old hire police officers' pension funds according to those uses permitted by Colorado law and requesting objections from any persons who believed they are or may be entitled to benefit payments from said fund as to the proposed uses of the fund; and WHEREAS, on June 10, 2013 the Board of Trustees of the Town of Firestone published a public notice of its intent to conduct a public hearing in a newspaper having general circulation within the Town with the public hearing to occur at Town Hall; and WHEREAS, no objections by any person believing that person is or may be entitled to benefit payments from the old hire police pension funds has been received by the Board of Trustees. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE AS FOLLOWS: 1. The Town of Firestone gave public notice, at least sixty (60) days prior to the consideration and adoption of this resolution, of the Town's intent to use the Town's Old Hire Police Officers' Pension Fund ("Fund") according to the uses allowed under C.R.S. section 31-30.5-209. 2. in the public notice, the Town requested that any beneficiaries file an objection to said uses. 3. The Town published public notice of a public hearing on the proposed uses of said Fund. 4. The Board of Trustees conducted a public hearing on June 12, 2013 on the proposed uses of said Fund. 5. The Town received no objections from any person who believes that he or she is entitled to or may be entitled to benefit payments from said Fund. 6. The Board of Trustees now finds that no person or persons is, and no person can become eligible for payment of a benefit from Town of Firestone police officers' old hire police officers' pension fund established pursuant to C.R.S. section 31-30.5-201(2). 7. The Board of Trustees hereby authorizes use of the Fund for the following purpose: a. To make contributions to the defined benefit system trust fund pursuant to C.R.S. section 31-31-402(2); 8. If, within one year after the adoption of this resolution any person establishes a claim to a benefit from the fund the Town of Firestone shall repay to the fund any money expended from the fund and no such additional expenditures shall be made from the fund. 9. Effective Date. This resolution shall be effective upon adoption by the Board of Trustees. INTRODUCED, READ AND ADOPTED this 12th day of June 2013. (W� ESroWN JT�ATTESC� �Q Rebecca Toberman Town Clerk TOWN OF FIRESTONE, COLORADO ad Auer RESOLUTION Ng3-,V A RESOLUTION AMENDING THE 2013 BUDGET BY INCREASING THE APPROPRIATIONS IN THE OLD HIRE PENSION FUND. WHEREAS, the Board of Trustees of the Town of Firestone on December 12, 2012 adopted a budget for the 2013 calendar year pce Resolution 12-38, pursuant to and in accordance with the Local Government Budget Law; and WHEREAS, the Town has available existing fund balance; and WHEREAS, based on the foregoing, a need exists to appropriate additional sums of money in the Old Hire Pension Fund; and WHEREAS, the Board of Trustees has published notice of and held a hearing upon the supplemental appropriations and amendments to the 2013 budget authorized by this Resolution; and WHEREAS, the amended 2013 budget, as revised by this Resolution, remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the 2013 Old Hire Pension Fund appropriation is hereby increased by $14,000, such expenditures corresponding to unanticipated expenditures. Such increased appropriation is funded by existing fund balance as allowed by State statutes. The distribution of the supplemental appropriation is as follows: Expenditures Account # Amount Transfer to General Fund 7010-521000-823 $14,000 INTRODUCED, READ AND ADOPTED this 12th day of June, 2013. F1R�S�0 �� rflWN mf e* i0 o is `�L i o 0 (ijv'..C��O Attest • _ keNo e cc Tob eri,,c - 1 o" derl__ TOWN OF FIRESTONE, COLORADO cok 60� Chad Auer It Mayor RESOLUTION NO. 13- 5C> A RESOLUTION AMENDING THE 2012 BUDGET BY INCREASING THE APPROPRIATIONS IN THE GENERAL FUND. WHEREAS, the Board of Trustees of the Town of Firestone on December 14, 2011 adopted a budget for the 2012 calendar year per Resolution 11-37 pursuant to and in accordance with the Local Government Budget Law; and WHEREAS, the Town has received additional revenues and transfers not anticipated at the time of adopting of the 2012 budget, or has available existing fund balances; and WHEREAS, based on the foregoing, a need exists to appropriate additional sums of money in the General Fund; and WHEREAS, the Board of Trustees has published notice of and held a hearing upon the supplemental app„opriations and amendments to the 2012 budget authorized by this Resolution; and WHEREAS, the amended 2012 budget, as revised by this Resolution, remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. - That the 2012 General Fund appropriation is hereby increased by $187,000.00, such expenditures corresponding to the recording of the reduction of the amounts due under the Public Improvements Reimbursement Agreement and the Retail Infrastructure Funding Agreement. The distribution of the supplemental appropriation is as follows: Revenues Sales Taxes Account # 1000-314005 Amount $459,033.00 Expenditur--s Account # Amount Developer Reimbursement 1000-450600-898 $187,521.00 INTRODUCIED, READ AND ADOPTED this 121h day of June, 2013. F1ROS rOtic� wN m f SRAL 1 A-TTE5' ' TOWN OF FIRESTONE, COLORADO C' U� A N—/ Chad Auer Mayor eccr- l o eCr� 'To,,rr— Clerk , RESOLUTION NO. 1331 - A RESOLUTION AMENDING THE 2012 BUDGET BY INCREASING THE APPROPRIATIONS IN THE FIRESTONE URBAN RENEWAL AUTHORITY. WHEREAS, the Board of Trustees of the Town of Firestone on December 14, 2011 adopted a budget for the 2012 calendar year per Resolution 10-47, pursuant to and in accordance with the Local Government Budget Law; and WHEREAS, the Town has received additional revenues and transfers not anticipated at the time of adopting of the 2012 budget, or has available existing fund balances; and WHEREAS, based on the foregoing, a need exists to appropriate additional sums of money in the Firestone Urban Renewal Authority; and WHEREAS, the Board of Trustees has published notice of and held a hearing upon the supplemental appropriations and amendments to the 2012 budget authorized by this Resolution; and WHEREAS, the amended 2012 budget, as revised by this Resolution, remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the 2012 Firestone Urban Renewal Authority appropriation is hereby increased by $44,000.00, such expenditures corresponding to unanticipated expenditures. Such increased appropriation is funded by transfer from the General Fund. The distribution of the supplemental appropriation is as follows: Revenues Account # Amount Transfer from GeneralFund 6000-383115 $44,000.00 Expenditures Account # Amount Planner 6000-411000-750 $17,275.00 Legal 6000-410400-352 11,900.00 Engineering/Blight Study 6000-412000-321 10,300.00 Engineering/General 6000-412000-303 4,525.00 INTRODUCED, READ AND ADOPTED this 12th day of June, 2013. TOWN OF FIRESTONE, COLORADO �\EtES T0�� r6WN 5, 100 pk io Attest: " Rebecca Toberman Town Clerk C U Auer RESOLUTION NO. 13-32 A RESOLUTION APPROVING THE NORTHERN FIRESTONE URBAN RENEWAL PLAN AND FINDING THAT THE PLAN AREA IS A BLIGHTED AREA, DESIGNATING SUCH AREA AS APPROPRIATE FOR URBAN RENEWAL PROJECTS PURSUANT TO THE NORTHERN FIRESTONE URBAN RENEWAL PLAN, AND FINDING THAT THE ACQUISITION, CLEARANCE, REHABILITATION, CONSERVATION, DEVELOPMENT, REDEVELOPMENT OR A COMBINATION THEREOF OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE OF THE CITIZENS OF THE TOWN OF FIRESTONE WHEREAS, the Firestone Urban Renewal Authority (the "Authority") is a public body corporate and politic, and has been duly created, organized, established and authorized by the Town of Firestone, Colorado (the "Town") to transact business and exercise its powers as an urban renewal authority, all under and pursuant to the Colorado Urban Renewal Law, constituting part 1 of article 25 of title 31, Colorado Revised Statutes, as amended; and WHEREAS, the Board of Trustees Town of Firestone formed the Firestone Urban Renewal Authority by the adoption of Resolution 09-22, on July 9, 2009; and WHEREAS, the Board of Trustees previously approved the Southern Firestone Urban Renewal Plan designating portions of the Town blighted and suitable for urban renewal projects; and WHEREAS, conditions in other portions of the Town of Firestone and changing development patterns in the Town of Firestone necessitate the adoption of the Northern Firestone Urban Renewal Plan; and WHEREAS, a legal description of the Northern Firestone Urban Renewal Plan Area which is subject to the Northern Firestone Urban Renewal Plan is attached as Exhibit A to this Resolution; and WHEREAS, the Board of Trustees of the Town of Firestone has adopted the 2013 Firestone Master Plan, which is the general plan for the development of the Town of Firestone; and WHEREAS, the Northern Firestone Urban Renewal Plan has previously been submitted to the Firestone Planning Commission for its review and recommendations as to conformity with the 2013 Firestone Master Plan pursuant to C.R.S. §31-25-107(2); and WHEREAS, the Firestone Planning Commission has determined that the Northern Firestone Urban Renewal Plan does conform to the 2013 Firestone Master Plan and recommended approval of the Northern Firestone Urban Renewal Plan by adoption of its Resolution No. PC-13-03; and WHEREAS, no property in the Northern Firestone Urban Renewal Plan has been included in an urban renewal plan previously submitted to the Board of Trustees of the Town of Firestone; and WHEREAS, the Town Clerk of the Town of Firestone has published the notice of the time, place, and purpose of the public hearing to consider the adopting of the Northern Firestone Urban Renewal Plan in the Longmont Times -Call in conformance with C.R.S. §31-25-107(3); and WHEREAS, the Town of Firestone has provided written notice of the public hearing to consider the adoption of this Northern Firestone Urban Renewal Plan to all property owners, residents, and business owners within the proposed Redevelopment Area at their last known addresses in conformance with C.R.S. §31-25-107(4)(c); and WHEREAS, the Weld County Commissioners have received notification of and copies of the Northern Firestone Urban Renewal Plan as well as such additional information as is required by C.R.S. §31-25-107(3.5); and WHEREAS, the St. Vrain Valley School District RE-1J and the Weld County School District RE-1 have received notification of and copies of this Northern Firestone Urban Renewal Plan and have been given an opportunity to participate in an advisory capacity; and WHEREAS, the Board of Trustees of the Town of Firestone has conducted a public hearing and considered the public testimony received. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1. Blight, as defined by C.R.S. §31-25-103(2), is present in the Northern Firestone Urban Renewal Plan Area as documented by the Northern Firestone Conditions Survey prepared by Matrix Design Group, dated June 2012 and updated April 22, 2013, and based on evidence presented at the public hearing. The following blight factors are present in the Northern Firestone Urban Renewal Plan Area: slum, deteriorated or deteriorating structures, predominance of defective or inadequate street layout; faulty lot layout; unusual topography or inadequate public improvements; and defective or unusual conditions of title rendering the title non - marketable. 2. The Northern Firestone Urban Renewal Plan Area is a blighted area and is appropriate for an urban renewal project pursuant to Part 1 of Article 25 of Title 31, C.R.S. 3. The Northern Firestone Urban Renewal Plan satisfies the requirements of C.R.S. §31-25-105.5(2). 4. The principal purpose for the adoption of the Northern Firestone Urban Renewal Plan is to facilitate redevelopment in order to eliminate or prevent the spread of physically blighted areas. 5. The boundaries of the Northern Firestone Urban Renewal Plan Area have been drawn as narrowly as feasible to accomplish the planning and development objectives for the Northern Firestone Urban Renewal Plan. 2 6. To the extent that the Northern Firestone Urban Renewal Area includes open land within the meaning of Section 31-25-107(6) of the Act, and to the extent such Section is otherwise applicable, it is found and determined that the nonresidential uses under the Northern Firestone Urban Renewal Plan are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives and to carry out the Northern Firestone Urban Renewal Plan. The acquisition of property within the Northern Firestone Urban Renewal Area may require the exercise of governmental action, as provided in the Act, because of the presence of conditions of blight. 7. The Northern Firestone Urban Renewal Plan conforms to the 2013 Firestone Master Plan, which is the general plan for the development of the Town of Firestone. S. Written notice of the public hearing to consider the adoption of this Northern Firestone Urban Renewal Plan has been provided to all property owners, residents, and business owners within the Northern Firestone Urban Renewal Plan Area at their last known addresses in conformance with C.R.S. §31-25-107(4)(c). 9. The only public hearing to consider the approval of the Northern Firestone Urban Renewal Plan was conducted on June 12, 2013. 10. The Northern Firestone Urban Renewal Plan does not include any area previously considered for inclusion in an urban renewal area in the previous twenty-four months. 11. There exist feasible methods for the relocation of individuals, families and business concerns in accommodations or areas suitable for their relocation. 12. The Northern Firestone Urban Renewal Plan will afford maximum opportunity, consistent with the sound needs of the Town of Firestone as a whole for the rehabilitation or redevelopment of the Northern Firestone Urban Renewal Plan Area by private enterprise. 13. The acquisition, clearance, rehabilitation, conservation, development or redevelopment of a combination thereof of the Northern Firestone Urban Renewal Plan Area pursuant to the Northern Firestone Urban Renewal Plan is necessary in the best interests of the public health, safety, morals, and welfare of the citizens of the Town of Firestone. 1.4. The acquisition of any property by the exercise of the power of eminent domain shall be subject to approval of the Board of Trustees pursuant to C.R.S. § 31-25-105.5. 15. The Northern Firestone Urban Renewal Plan is hereby approved. PASSED AND ADOPTED this 12th day of June, 2013 �IRE5T0 t SE t C) i io Chad Auer, Mayor ........... 02- C 3 ATTEST: q1L,4- Tlju,�� Rebecca Toberman Town Clerk EXHIBIT A LEGAL DESCRIPTION NORTHERN FIRESTONE URBAN RENEWAL PLAN AREA Prepared: April 25, 2013 Being those portions of Sections 32 and 33 of Township 3 North, Range 68 West of the 6th Principle Meridian, and those portions of Sections 1, 2, 3, 4, 5, 11, 12 and 14 of Township 2 North, Range 68 West of the 61h Principle Meridian, and those portions of Sections 5, 7, 8 and 18 of Township 2 North, Range 67 West, all in the Town of Firestone, Weld County, Colorado, more particularly described as follows: ALMO All of the real property described on the annexation map titled ALMO Annexation to the Town of Firestone, recorded on May 2, 2003 at Reception No. 3058582, with the Clerk and Recorder of Weld County, Co orado. Together with; DEL CAMINO CENTRAL All of the real property described on the annexation map titled Del Camino Central Annexation No. Two to the Town of Firestone, recorded on January 29, 1998 at Reception No. 2591391, with the Clerk and Recorder of Weld County, Colorado, excepting therefrom those portions of said annexation Leing a part of the public right-of-way of Weld County Road 24, Weld County Road 24'h; and the real property lying north of the Weld County Road 24'/ public right-of-way. Together with; ADAM FARM All of the real property described on the annexation map titled Adam Farm Annexation, recorded on March 14, 2011 at Reception No. 3755770, with the Clerk and Recorder of Weld County, Colorado. - Together with; UNION All of the real property described on the annexation map titled Union Annexation Number One, recorded on January 21, 2011 at Reception No. 3746256, with the Clerk and Recorder of Weld County, Colorado excepting therefrom those portions of said annexation being a part of the public right-of-way of Weld County Road 7 and Weld County Road 26. Together with; All of the real property described on the annexation map titled Union Annexation Number Two, recorded on January 21, 2011 at Reception No. 3746258, with the Clerk and Recorder of Weld County, Colorado, excepting therefrom those portions of said annexation being a part of the public right-of-way of Fairview Street[Weld County Road 3, Weld County Road 31/, and Weld County Road 26. Together with; FIRELIGHT PARK All of the real property described on the annexation map titled Firelight Park Annexation Number One, recorded on August 13, 2009 at Reception No. 3642348, with the Clerk and Recorder of Weld County, Colorado, excepting therefrom those portions of said annexation being a part of the public right-of-way of State Highway 119. Together with; All of the real property described on the annexation map titled Firelight Park Annexation Number Two, recorded or August 13, 2009 at Reception No. 3642350, with the Clerk and Recorder of Weld County, Co orado. Together with; All of the real property described on the annexation map titled Firelight Park Annexation Number Three, recorded on August 13, 2009 at Reception No. 3642352, with the Clerk and Recorder of Weld County, Colorado. Together with; FIRESTONE CITY CENTRE All of Lots 1, 2, and 4 and Tracts A, B, C, D, E, F, and H as more particularly described on the final plat titled Firestone City Centre Subdivision Filing No. 3, recorded on October 1, 2010 at Reception No. 3722597, with the Clerk and Recorder of Weld County, Colorado. Together with; All of Lot 4 as more particularly described on the final plat titled The First Replat of the American Furniture Warehouse Subdivision, recorded on August 2, 2006 at Reception No. 3408227, with the Clerk and Recorder of Weld County, Colorado. Together with; LAMBERTSON All of the real property described on the annexation map titled Lambertson Annexation, recorded on September 7, 2007 at Reception No. 3502678, with the Clerk and Recorder of Weld County, Colorado. Together with; COTTONWOOD COMMERCE CENTER All of Tract A as rrore particularly described on the minor plat titled Cottonwood Hallow, Filing 2, recorded on January 31, 2008 at Reception No. 3532463, and as further revised with affidavits 0 of correction recorded on February 22, 2008 at Reception No. 3536929 and on March 27, 2008 at Reception No. 3543999, with the Clerk and Recorder of Weld County, Colorado. Together with; COTTTONWOOD HOLLOW (NORTH OF SABLE) All of Tract B as more particularly described on the minor plat titled Cottonwood Hollow, Filing 2 recorded on January 31, 2008 at Reception No. 3532463, with the Clerk and Recorder of Weld County, Colorado. Together with; COTTTONWOOD HOLLOW (SOUTH OF SABLE) All of Parcel B as more particularly described on the amended outline development plan titled First Amendment to Outline Development Plan for Cottonwood Hollow, recorded on April 10, 2009 at Reception No. 3616053, with the Clerk and Recorder of Weld County, Colorado. Together with; ZINNIA AVENUE A strip of land 60 feet in width located in Sections 3, 4 and 5 Township 2 North, Range 68 West and Sections 32, 33 and 34 Township 3 North, Range 68 West of the 6th Principal Meridian, Town of Firestone, Weld County, Colorado, said strip of land being 30.00 feet on each side of the following described centerline, being more particularly described as follows: Beginning at the Northeast Corner of said Section 4, from which the North '/4 corner of said Section 4 bears South 89°31'14" West, 2654.75 feet (Basis of Bearing), South 89°31'14" West, 2654.75 feet along the North line of the Northeast % of said Section 4 to the North'/4 corner of said Section 4; Thence South 89°30'56" West, 2634.63 feet along the North line of the Northwest'/4 of said Section 4 to the Northwest Corner of said Section 4; Thence South 89°31'00" West, 199.91 feet along the North line of the Southeast'/ of said Section 5 to a point on the easterly Right -of -Way of the Great Western Railway being the Point of Termination. The sidelines of said strip of land being extended or truncated to begin and end at the called lines at the Point of Beginning and the Point of Termination. Together with; WCR 3.5 A strip of land located in Section 5 Township 2 North, Range 68 West and Section 32 Township 3 North, Range 68 West of the 6th Principal Meridian, Town of Firestone, Weld County, Colorado, said strip of land being more particularly described as follows: Beginning at the North % corner of said Section 5, from which the North'/4 corner of said Section 5 bears South 00°43'36" West, 2550.52 feet (Basis of Bearing), the right-of-way being 30 feet west and 30' east of the following line; South 00043'36" West, 2550.52 feet along the West line of the Northeast % of said Section 5 to the Center % corner of said Section 5; Thence, the right-of-way being 50 feet west and 30 feet east of the following line; South 7 00043'55" West, 2416.69 feet along the West line of the Southeast'/4 of said Section 5 to a point on the northerly Right -of -Way of State Highway 119 being the Point of Termination. The sidelines of said strip of land being extended or truncated to begin and end at the called lines at the Point of Beginning and the Point of Termination. Together with; FIRESTONE BOULEVARD A strip of land 120 feet in width located in Sections 1, 2, 11, and 12 Township 2 North, Range 68 West of the 6th Principle Meridian, Town of Firestone, Weld County, Colorado, said strip being 60.00 feet on each side of the following described centerline, more particularly described as follows: Be, inqniag at the Northeast Corner of the Northwest % of the Northwest % of said Section 11, from which the North % Corner of said Section 11 bears North 89°52'51" East, 1,298.27 feet (Basis of Bearing), North 89°52'51" East, 1,298.27 feet to the North % Corner of Said Section 11; thence North 89°55'55" East, 2,587.97 feet to the Northeast Corner said Section 11; thence North 89°52'51" East, 50.00 feet to a point being on the east right-of-way line extended of Birch Street, said point also being the Point of Termination. The sidelines of said strip of land being extended or truncated to begin and end at the called lines at the Point of Beginning and the Point of Termination. , Together with; JAKE JABS BOULEVARD All of Tract B as more particularly described on the plat titled American Furniture Warehouse Subdivision, recorded on March 24, 2006 at Reception No. 3373270, with the Clerk and Recorder of Weld County, Colorado. Together with; All of Tract I as more particularly described on the plat titled Firestone City Centre Subdivision, Filing No. 1, recorded on December 7, 2007 at Reception No. 3522365, with the Clerk and Recorder of Weld County, Colorado and the Special Warranty Deed recorded on February 5, 2008 at Reception No. 3533494, with the Clerk and Recorder of Weld County, Colorado. Together with; BAILEY STREET A strip of land 60 feet in width located in Section 2 Township 2 North, Range 68 West of the 6th Principal Meridian, Town of Firestone, Weld County, Colorado, said strip of land being 30.00 feet on each side of the following described centerline, being more particularly described as follows: Beginning at the Northeast Corner of the West'/2 of the Southeast % of said Section 2, from which the Northeast Corner of the West'/ of the Southeast % of said Section 2 bears South 01 °23'42" West, 2659.20 feet (Basis of Bearing), South 01 °23'42" West, 2659.20 feet along the 8 East line of the West'/ of the Southeast'/4 of said Section 2 to the Southeast corner of the West '/z of the Southeast'/4 of said Section 2 being the Point of Termination. The sidelines of said strip of land being extended or truncated to begin and end at the called lines at the Point of Beginning and the Point of Termination. Together with; SABLE AVENUE A strip of land 60 feet in width located in Sections 11, 12, 13 and 14 Township 2 North, Range 68 West of the 6th Principal Meridian, Town of Firestone, Weld County, Colorado, said strip of land being 30.00 feet on each side of the following described centerline, being more particularly described as follows: Beginning at the Southeast Corner of said Section 11, from which the Southeast corner of said Section 11 bears South 89°34'33" West, 1308.99 feet {Basis of Bearing}, South 89°34'33" West, 1308.99 feet along the South line of a portion of said Section 11 to the Southeast 1116 corner of said Section 11; Thence South 89034'14" West, 1309.03 feet along the South line of a portion of said Section 11 to the South % Corner of said Section 11; Thence South 89°39'06" West, 1310.48 feet along the South line of a portion of said Section 11 to the Southwest 1116 corner of said Section 11; Thence South 89038'55" West, 1260.51 feet along the South line of a portion of said Section 11 to a point on the easterly Right -of -Way of the 1-25 Frontage Road being the Point of Termination. The sidelines of said strip of land being extended or truncated to begin and end at the called lines at the Point of Beginning and the Point of Termination. Together with; TURNER COMMONS All of Lot 1 as more particularly described on the recorded exemption titled Recorded Exemption No. 1313-3-4 RE-626, recorded at Reception No. 01940086, with the Clerk and Recorder of Weld County, Colorado. Together with; All of the parcel as more particularly described on the subdivision exemption titled SE-1156, recorded at Reception No. 3665635, with the Clerk and Recorder of Weld County, Colorado. Together with; CENTRAL PARK All of Outlot 1, Outlot 2, and Tract A as more particularly described on the final plat titled Firestone Central Park First Filing Minor Subdivision, recorded at Reception No. 3427733, with the Clerk and Recorder of Weld County, Colorado. Together with; FIRESTONE COMMUNITY 7 All of Tract A and Tract B as more particularly described on the final plat titled Firestone Community Minor Subdivision, recorded at Reception No. 3372263, with the Clerk and Recorder of Weld County, Colorado. Together with; THE SHORES A parcel of land situate in Section 1, Township 2 North, Range 68 West, of the 61h 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 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 00031'07" 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 01031'48" East 2626.35 feet; thence along the West line of the Northwest quarter of said Section 1, North 01 034'53" East 1319.17 to the Northwest corner of the Southwest quarter of the Northwest quarter of said Section 1; thence continuing North 01 034'53" East 20.60 feet to the North right-of-way of Weld County Road (WCR) 24 %; 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 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 72055'39" 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" 30.81 feet; (9) South 82°26'48" East 48.37 feet; (10) South 83'13,53" 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 00°31'08" East 243.84 feet; thence North 88°51'38" East 1968.70 feet to a point that is South 88051'38" West 66.0.00 feet 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, 1338.49 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 89°40'24" East 1317.24 feet (previously recorded as 1316.96 feet) to the Northeast corner of the Southwest quarter 10 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 89048'53" 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 61h 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, said point being the TRUE POINT OF BEGINNING of this description; thence continuing along said East line, 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 °34'53" 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 3/; thence along said North right-of-way, North 89031'06" West 1334.26 feet to a point 30.00 feet West of and 20.82 feet North 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 the West line of the Southeast quarter of the Northeast q uarter, also being the West right-of-way of Weld County Road (WCR) 9 3/, 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 89025'07" 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 17'03'42" East 200.12 feet; (2) North 30027'35" East 207.93 feet; (3) North 62°58'C3" East 295.78 feet; (4) South 01°31'48" 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. Together with; All of the real property described on the annexation map titled The Shores Second Annexation to the Town of Firestone, recorded on July 23, 2008 at Reception No. 3567926, with the Clerk and Recorder of Weld County, Colorado. Together with; 11 DEL CAMINO JUNCTION BUSINESS PARK All of Tracts A, B, and C, and Lots 1-2, Block 1 and Lots 1 and 5, Block 2, as more particularly described on the plat titled Final Plat Del Camino Junction Business Park P.U.D., recorded on December 17, 1999 at Reception No. 2739037, with the Clerk and Recorder of Weld County, Colorado. Together with; All of Lot 8, Block 1 as more particularly described on the replat titled Del Camino Junction Business Park Minor Plat a Replat of Lots 8 and 9, Block 1, Del Camino Junction Business Park P.U.D., recorded on April 4, 2001 at Reception No. 2837826, with the Clerk and Recorder of Weld County, Colorado. Together with; All of Lots 3 and 5, Block 1 as more particularly described on the replat titled Del Camino Junction Business Park Fourth Minor Plat a Replat of Lots 3 and 4, Block 1, Del Camino Junction Business Park P.U.D., and Lot 5, Block 1, Del Camino Junction Business Park Third Minor Plat, recorded on June 20, 2007 at Reception No. 3484774, with the Clerk and Recorder of Weld County, Colorado. Together with; All of Lot 1-B, Block 3 as more particularly described on the amended final plat titled Del Camino Junction Business Park PUD a Replat of Lot 1, Block 3, Del Camino Junction Business Park PUD, recorded on January 10, 2005 at Reception No. 3251663, with the Clerk and Recorder of Weld County, Colorado. Together with; NEIGHBORS All of the real property described on the annexation map titled Neighbors Annexation, recorded on February 1, 2001 at Reception No. 2823013, with the Clerk and Recorder of Weld County, Colorado, excepting therefrom those portions of said annexation being a part of the public right- of-way of Weld County Road 11. Together with; LEXINGTON VILLAGE All of the real property described on the annexation map titled Lexington Village Annexation, recorded on December 7, 2007 at Reception No. 3522370, with the Clerk and Recorder of Weld County, Colorado. Together with; SABLE GLEN All of the real property described on the annexation map titled Sable Glen Annexation, recorded on January 14, 2005 at Reception No. 3253237, with the Clerk and Recorder of Weld County, 12 Colorado, excepting therefrom those portions of said annexation being a part of the public right- of-way of Sable Avenue. Together with; VOGL All of the real property described on the annexation map titled Vogl Annexation No. Four, recorded on June 14, 2002 at Reception No. 2961340, with the Clerk and Recorder of Weld County, Colorado, excepting therefrom those portions of said annexation being a part of the public right-of-way of Weld County Road 15 and Weld County Road 24. END OF EXHIBIT A± 13 RESOLUTION NO. 13-33 A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR EHRLICH I-25 KIA 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 Ehrlich I-25 Kia, on Lot B2, Weibel Final Plat, Town of Firestone; 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 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 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 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 should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1, The Board of Trustees of the Town of Firestone does hereby approve the proposed final development plan for Ehrlich I-25 Kia, on Lot B2, Weibel Final Plat, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. Section 2. Resolution No..12-22 is hereby repealed. INTRODUCED, READ AND ADOPTED this 261" day of June, 2013. ��FtES TpN% TOWN All SEAL } ° ATTEST: 7. Rebecca Toberman, Town Cleric TOWN OF FIRESTONE, COLORADO C U Chad Auer, Mayor EXHIBIT A Final Development Plan Conditions of Approval Ehrlich I-25 Kia 1. Modify documents pursuant to comments from the Town Engineer. 2. The Firestone Information Block should be moved to the correct location on each sheet —the lower, right corner. The sheet binding makes it difficult to reference it in its current location in the lower, left corner. 3. A cross -access easement agreement with the adjacent southern property, which is also owned by the applicant She Land, LLC, shall be recorded prior to a change of ownership for either lot. 4. In the Sign Program section on Sheet 2, delete the following text: "unless otherwise approved in writing by the Town Planner in an effort to help promote business, sales and marketing events." Temporary signs should be controlled by the provisions of the Firestone Municipal Code. 5. In the Utilities section on Sheet 2, correct the typographical errors in the final sentence: ".. , to provide sewerr service tot he building" should read "to provide sewer service to the building." 6. Reconcile the figures in the Parking section on Sheet 2 with the table shown on Sheet 3 7. The landscape site summary information does not appear on either Sheet 3 (site plan) or Sheet 8 (landscape plan), as was required by condition of approval number 16 of the previous FDP for this property. 8. The native seed mix provided by the Town Planner has not been added to note 1 on Sheet 8 (condition of approval number 17 of the previous FDP). 9. The table depicting "Non -Irrigated Low Grow Dryland Grass Seed Mix" on Sheet 8 is illegible. 10. Remove from the flagpole detail references to the Firestone Municipal Code and specify the size and types of flags that will be provided. Label the setback distance of the flagpole from the property line, to confirm it is 40' as stated in the narrative. 11. The detail for the Site Directional Signs on Sheet 10 should be revised to read as follows (condition of approval number 23 of the previous FDP): 4' 0" (TYP) Max. 672012013 3:35 PM [kmk] S: Firestone\SubdivisionslEhulich Kia FDP.TB res (2013).doc 2 RESOLUTION NO. A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE STREET MEDIA NO 1 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 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 applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including without limitation: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone; in accordance with Section 31-12- 104(1)(a), C.R.S., contiguity may be established by the annexation of two or more parcels 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 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. C. 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. 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. 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. The territory proposed to be annexed is 0.508 acres, more or less. k. The Master Plan adopted by the Board of Trustees of the Town of Firestone shall serve as the plan for the area proposed to be annexed, in accordance with 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 each of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the area 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 I next ensuing. No election for annexation of the area proposed to be annexed has been held in the preceding twelve months, and no election is required under Sections 31-12-107(2) or 2 -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, which are not to be considered additional terms and conditions within the meaning of Sections 31-12- 107(1)(g),-110(2) or 112, C.R.S. 7. The landowners of one hundred percent (100%) of the area proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and Section 31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation are proper under the laws of 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 property to the Town of Firestone. INTRODUCED, READ, and ADOPTED this 261h day of June, 2013. CL�V Chad Auer, Ma or ATTEST: 114� TA,,,� Rebecca Toberman, Town Clerk EXHIBIT A - LEGAL DESCRIPTION Street Media No. I Annexation A description of STREET MEDIA ANNEXATION NO. 1 being tract of land located in the E 112 of the NEIA of Section 10, T2N, R68W of the 6th P.M., in Weld County, Colorado. For: Street Media Group, LLC LEGAL DESCRIPTION STREET MEDIA ANNEXATION NO. 1 A tract of land located in the El/2 of the NEIA of Section 10, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: COMMENCING at the E i A Corner of said Section 10, from which the Northeast Corner of said Section 10 bears N00°28'41 "E, 2638.44 feet (Basis of Bearing), thence N89°46'06"W, 50.20 along the South Line of said NEIA of Section 10, to a point on the Westerly Right -of -Way Line of Colorado Interstate Highway I-25; thence N00°29'24"E, 10.00 feet along said Westerly Right -of - Way Line to the POINT OF BEGINNING; Thence continuing N00°29'24"E, 109.00 feet along said Westerly Right -Of -Way Line; Thence N89°46'06"W, 202.83 feet along a Line which is Parallel with said South Line of the NE I A of Section 10; Thence S00°28'41"W, 109.00 feet to a point on a Line which is 10.00 feet Northerly of and Parallel with said South Line of the NE 114 of Section 10; Thence S89°46'06"E, 202.80 feet along said Parallel Line to the POINT OF BEGINNING. Area = 22,107 square feet (0.508 acres), more or less. 6/20120B 2:51 PM [kmk] SAFirestone\Annexa1ionl5tmet Media I and 2Thg Re o ]aloe 9 RESOLUTION NO. 15. 3 E; A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE STREET MEDIA NO 2 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 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. The applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including without limitation: Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone; in accordance with Section 31-12- 104(1)(a), C.R.S., contiguity. may be established by the annexation of two or more parcels 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 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. 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. ;. The territory proposed to be annexed is 0.501 acres, more or less. k. The Master Plan adopted by the Board of Trustees of the Town of Firestone shall serve as the plan for the area proposed to be annexed, in accordance with Section 31-12-105(1)(e), C.R.S. 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 each of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the area 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. No election for annexation of the area proposed to be annexed has been held in the . preceding twelve months, and no election is required under Sections 31-12-107(2) or 2 -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, which are not to be considered additional terms and conditions within the meaning of Sections 31-12- 107(1)(g),-110(2) or 112, C.R.S. 7. The landowners of one hundred percent (100%) of the area proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and Section 31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation are 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 property to the Town of firestone. INTRODUCED, READ, and ADOPTED this 26`h day of June, 2013. ' FLRE�r ti Chad Auer, May r ATTEST: �0 %... Qa ..- Ca�- 'NL�, T Rebecca Toberman, Town Clerk 3 EXHIBIT A - LEGAL DESCRIPTION Street Media No. 2 Annexation A description of STREET MEDIA ANNEXATION NO.2 being tract of land located in the E 1 /2 of the NE 1 /4 of Section 10, T2N, R68W of the 6th P.M., in Weld County, Colorado. For: Street Media Group, LLC LEGAL DESCRIPTION STREET MEDIA ANNEXATION NO. 2 A tract of land located in the E 1/2 of the NE1/4 of Section 10, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: COMMENCING at the E1/4 Corner of said Section 10, from which the Northeast Corner of said Section 10 bears N00°28'41 "E, 2638.44 feet (Basis of Bearing), thence N89°46'06"W, 50.20 along the South Line of said NE1/4 of Section 10, to a point on the Westerly Right -of -Way Line of Colorado Interstate Highway I-25; thence N00°29'24"E, 10.00 feet along said Westerly Right - of -Way Line; thence N89°46'06"W, 202.80 feet along a Line which is Parallel to said South Line of the NE1/4 of Section 10 to the Southwest Corner of Street Media Annexation No. 1 and the POINT OF BEGINNING; Thence N00°28'41 "E, 109.00 feet along the West Line of said Street Media Annexation No. 1 to the Northwest Corner thereof; Thence N89°46'06"W, 200.30 feet along a Line which is Parallel to said South Line of the NEIA of Section 10, to a point on the West Line of that certain Parcel of land conveyed to R.H. Daggett and Jane L. Daggett by Warranty Deed recorded under Reception No. 1446636 in Book. 525 of the Weld County Records; Thence S00°27'52"W, 109.00 feet along said West Line to a point on a Line which is 10.00 feet Northerly of and Parallel with said South Line of the NE1/4 of Section 10; Thence S89°46'06"E, 200.27 feet along said Parallel Line to the POINT OF BEGINNING. Area = 21,831 square feet (0.501 acres), more or less. 612012013 151 PM [kmk] S Tire turelAmezalioaLStreet Media 1 and 21P[ig Reso 2.doc 4 RESOLUTION NO. 13- A RESOLUTION APPROVING THE STREET MEDIA PRELIMINARY AND OVERALL FINAL DEVELOPMENT PLAN WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a preliminary and overall final development plan for signage at the property that was annexed to, and is now a part of, the Town and known as the Street Media Nos. I and 2 Annexation; and WHEREAS, all materials related to the proposed preliminary and overall 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 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 proposed preliminary and overall final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed preliminary and overall final development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone does hereby approve the proposed Street Media Preliminary and Overall Final Development Plan, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ AND ADOPTED this 26"' day of June, 2013. r� iOWN 10 SEA►. Q ATTEST: t C�0�1..G��, Rebecca Toberman Town Clerk TOWN OF FIRESTONE, COLORADO C L) Chad Auer Mayor EXHIBIT A Street Media Preliminary and Overall Final Development Plan Conditions of Approval 1. Revise the title of the Preliminary and Overall Final Development Plan to read as follows. PRELIMINARY AND OVERALL FINAL DEVELOPMENT PLAN STREET MEDIA 2. Clarify the title of the recorded plat referenced in the Notes section, and include recording information. 3. Delete the reference to the water provider being the Left Hand Water District. Add a note regarding water service, to read as follows: "The Property does not currently receive potable water service and is not currently within the taxing limits of any potable water provider. Water service to the Property shall be determined by the Town at or prior to the approval of a site specific Final Development Plan for which water service is necessary." 4. Revise the Sign Architecture and Statistics Section to read as follows: "The sign faces are 14'_by_48'. The digital face will have the sarne off -premise advertis-'n message rotation intervals of 6 seconds. Overall height of the sign is 50 feet. Sign will have earth tones on a single steel mono -pole and V'd sign faces. See sign details i OFDP on Sheet 3. 5. Clarify signs will be used to display only advertisements and shall at all times comply with FHWA and CDOT regulations and requirements. 6. Address and modify all documents pursuant to all engineering comments from the Town Engineer. 6/24/2013 11:43 AM [kmk] S:¢irestont%Subdivisions\Street Media OFOP.TB,res,doc 2 RESOLUTION NO. 13- -3 A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE McMURRAY 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 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 applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including without limitation: Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone; in accordance with Section 31-12- 104(1)(a), C.R.S., contiguity may be established by the annexation of two or more parcels in a series. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. 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. 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. 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. The territory proposed to be annexed is 2.0 acres, more or less. k. The Master Plan adopted by the Board of Trustees of the Town of Firestone shall serve as the plan for the area proposed to be annexed, in accordance with Section 31-12-105(1)(e), C.R.S. 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 each of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the area 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. No election for annexation of the area proposed to be annexed has been held in the preceding twelve months, and no election is required under Sections 31-12-107(2) or -112, C.R.S. 2 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, which are not to be considered additional terms and conditions within the meaning of Sections 31-12- 107(1)(g),-110(2) or 112, C.R.S. 7. The landowners of one hundred percent (100%) of the area proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and Section 31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation are 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 property to the Town of firestone. INTRODUCED, READ, and ADOPTED this 26`h day of June, 2013. ATTEST: ,\�tES To TOWN m i r S` 1 o EAL :4 �� fQ �oG......' Go�o� %1" Tln'� Rebecca Toberman, Town Clerk 3 Chad Auer, Mayor EXHIBIT A - LEGAL DESCRIPTION McMurray Annexation A description of McMURRAY ANNEXATION being tract of land located in the E 1 /2 of the NE 1 /4 of Section 10, T2N, R68W of the 6th P.M., in Weld County, Colorado. For: Street Media Group, LLC LEGAL DESCRIPTION McMURRAY ANNEXATION A tract of land located in the E1/2 of the NE I A of Section 10, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: COMMENCING at the Northeast Comer of said Section 10 from which the NIA Corner of said Section 10, bears N89°50'51 "W, 2641.06 feet (Basis of Bearing), thence N89°50'51 "W, 450.00 feet along the North Line of said NE1/4 of Section 10; thence S00°28'41 "W, 1967.50 feet along a Line which is 450.00 feet Westerly of and Parallel with the East Line of said NEIA of Section 10; to the POINT OF BEGINNING; Thence continuing S00°28'41"W, 217.80 feet along said Parallel Line; Thence S89°50'51"E, 399.89 feet along a Line which is Parallel with said North Line of the NEIA of Section 10 to the Westerly Right -of -Way Line of Colorado Interstate Highway I-25; Thence N00°29'24"E, 217.80 feet along said Westerly Right -of -Way Line; Thence N89°50'51 "W, 399.94 feet along a Line which is Parallel with said North Line of the NE1/4 of Section 10 to the POINT OF BEGINNING. Area = 87,100 square feet (2.000 acres), more or less. 6)20I2013 1:33 PM [kmk]$:}Firestone\AnnuationlMcMumy0ig Re oAoc RESOLUTION NO. 13- 3t A RESOLUTION APPROVING THE McMURRAY PRELIMINARY AND OVERALL FINAL DEVELOPMENT PLAN WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a preliminary and overall final development plan for signage at the property that was annexed to, and is now a part of, the Town and known as the McMurray Annexation; and WHEREAS, all materials related to the proposed preliminary and overall 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 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 proposed preliminary and overall final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed preliminary and overall final development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone does hereby approve the proposed McMurray Preliminary and Overall Final Development Plan, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ AND ADOPTED this 261h day of June, 2013. ATTEST: ��RESipycc / TOWN m i .o O� 1Q � f � C���tiTM1. GOO T Rebecca Toberman Town Clerk TOWN OF FIRESTONE, COLORADO C U-- L= Chad Auer Mayor l EXHIBIT A McMurray Preliminary and Overall Final Development Plan Conditions of Approval I. Revise the title of the Preliminary and Overall Final Development Plan to read as follows: PRELIMINARY AND OVERALL FINAL DEVELOPMENT PLAN MCMURRAY 2. Clarify the title of the recorded plat referenced in the Notes section, and include recording information. 3. Delete the reference to the water provider being the Left Hand Water District. Add a note regarding water service, to read as follows: "The Property does not currently receive potable water service and is not currently within the taxing limits of any potable water provider. Water service to the Property shall be determined by the Town at or prior to the approval of a site specific Final Development Plan for which water service is necessary." 4. Revise the Sign Architecture and Statistics Section to read as follows: "The sign faces are 14'_by_48'. The digital face will have the—sam off -premise advertising message rotation intervals as the Amer-iean Fumitufe W.,fehOUSe of 6 seconds. Overall height of the sign is 50 feet. Sign will have earth tones on a single steel mono -pole and V'd sign faces. See sign details in OFPP on Sheet 3. 5. Clarify signs will be used to display only advertisements and shall at all times comply with FHWA and CDOT regulations and requirements. 6. Address and modify all documents pursuant to all engineering comments from the Town Engineer. 6124/2013 1 1 38 M4 [kmk] 5:1Firesione%SubdivisionsWcMurray OFDP T13.ras.dac G RESOLUTION NO. L3,Sj A RESOLUTION CALLING A SPECIAL ELECTION FOR NOVEMBER 5, 2013 TO BE CONDUCTED AS A COORDINATED MAIL BALLOT ELECTION WHEREAS, a coordinated mail ballot election will occur on November 5, 2013; and WHEREAS, the Board of Trustees finds it in the best interests of the Town of Firestone to call a special election for November 5, 2013 for the purpose of referring to the registered electors of the Town one more TABOR ballot issues; and WHEREAS, pursuant to C.R.S. Section 31-10-108, the Board of Trustees may call a special election by resolution adopted not less than 30 days prior to the date of the election, and such election may be held at the same time and place as a statewide general election as a coordinated election; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. A special election is hereby called to be held on Tuesday, November 5, 2013 as part of a coordinated election. Section 2. The purpose of the special election will be to submit to the registered electors of the Town one or more TABOR ballot issues. The Board of Trustees may submit such TABOR ballot issues to appear on the ballot of the special municipal election by the adoption of appropriate resolution or ordinance as required by law. Section 3. The officers and employees of the Town are hereby authorized and directed to take all necessary and appropriate actions to effectuate the provision of this Resolution in accordance with Colorado law. Section 4. Pursuant to C.R.S. Section 31-10-102.7, the Town will utilize the requirements and procedures of the Uniform Election Code of 1992, articles 1 to 13 of title 1, C.R.S., as amended, in lieu of the Colorado Municipal Election Code of 1965, article 10 of title 31, C.R.S., as amended, with respect to the special municipal election to be held on November 5, 2013, and such election shall be conducted as part of the coordinated regular election. INTRODUCED, READ AND ADOPTED this 24th day of July, 2013 �F f�STO�1,c� SEAL N SEAL 10 Q �NTY, 1 TOWN OF FIRESTONE, COLORADO C- L ) Chad Auer, Mayor ATTEST: Larissa Medina, Town Clerk RESOLUTION NO. �� A RESOLUTION APPROVING A NEW EMPLOYEE HANDBOOK FOR THE TOWN OF FIRESTONE AND DELEGATING TO THE TOWN MANAGER AUTHORITY TO MAKE CHANGES TO THE POLICIES CONTAINED IN THE HANDBOOK WHEREAS, the Town of Firestone previously adopted the Town of Firestone, Colorado Personnel Policy Manual, dated January 1, 2011, which Manual has been amended from time to time by resolution of the Board of Trustees; and WHEREAS, the Town Manager and Human Resources Director have presented to the Board of Trustees an updated Employee Handbook for the Town, which Handbook has been developed with assistance, input and comments from the Town's department heads, supervisors, staff, and other interested persons; and WHEREAS, the Board of Trustees has reviewed the Town's current and proposed personnel policies and finds it is in the best interest of the Town and its employees to adopt a new Employee Handbook for the Town; and WHEREAS, the Board of Trustees Ends that the proposed Employee Handbook will serve to further inform employees of Town personnel policies of general applicability, and that current and sound personnel policies are an essential part of recruiting and retaining excellent employees and extending high quality services to the public; and WHEREAS, the Board of Trustees further finds that authority to make changes to the policies contained in the Employee Handbook should be delegated to the Town Manager, who is responsible for oversight and control of personnel and related matters; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town ofFirestone Employee Handbook dated September 1, 2013, a copy of which is attached hereto, is hereby approved and adopted by the Board of Trustees. Section 2. This Resolution and the Employee Handbook attached hereto shall take effect September 1, 2013. All employees of the Town shall be provided a copy of such Employee Handbook and shall sign an acknowledgment and receipt therefor. Section 3. The Town of Firestone, Colorado Personnel Policy Manual, dated January 1, 2011, and any amendments thereto are hereby rescinded effective September 1, 2013. Section 4. The Town Manager is hereby authorized and delegated the authority to make changes to the policies contained in the Employee Handbook adopted by this Resolution without necessity of Board approve thereof; provided, however, that the foregoing shall not limit the authority of the Board to repeal any such change by appropriate ordinance or resolution. Any changes promulgated by the Town Manager will be in writing, and all employees of the Town shall be provided a copy of such change(s) and shall sign an acknowledgment and receipt therefor. INTRODUCED, READ, and ADOPTED this day of , 2013. TOWN OF FIRESTONE, COLORADO ,%RES Tp N *`*'TOWN •''�� Chad Auer m SEAL O Mayor ATTEST: •`0 O�NrY, � COS. &aA sa M ina Town Clerk 2 FIRESTONE momm A COMMUNITY IN MOTION Town of Firestone E HANDBOOK Table of Contents LEGAL STATEMENT AND DISCLAIMER.........................................................................................................1.1 PURPOSE AND INTENT OF THE EMPLOYEE HANDBOOK.........................................................................3 PURPOSE, INTENT, AND COVERAGE...................................................................................................................................... 3 ADDITIONS, DELETIONS, AND CHANGES.............................................................................................................................. 3 EQUAL EMPLOYMENT OPPORTUNITY...........................................................................................................4 EEO/HARASSMENT POLICY.................................................................................................................................................. 4 ADA AND RELIGIOUS ACCOMMODATION............................................................................................................................. 4 EEOHARASSMENT.................................................................................................................................................................. 4 SEXUALHARASSMENT............................................................................................................................................................. 4 COMPLAINTPROCEDURE........................................................................................................................................................ 5 RECRUITMENT AND SELECTION OF EMPLOYEES....................................................................................... 6 IMMIGRATION LAW COMPLIANCE......................................................................................................................................... 6 EMPLOYMENT OF RELATIVES AND WORKPLACE RELATIONSHIPS.................................................................................. 6 Purpose......................................................................................................................................................................................... 6 Definitions................................................................................................................................................................................... 6 Procedure................................................................................................................................................................................ 7 VACANCIES................................................................................................................................................................................ 8 APPLICATIONPROCEDURE..................................................................................................................................................... 8 TRANSFEROF EMPLOYEES..................................................................................................................................................... 8 EMPLOYEESTATUS...............................................................................................................................I............... 9 FULL-TIME................................................................................................................................................................................ 9 PART-TIME............................................................................................................................................................................... 9 TEMPORARY............................................................................................................................................................................. 9 NON-EXEMPT EMPLOYEES AND EXEMPT EMPLOYEES (FLSA)...................................................................................... 9 PERSONNELRECORDS....................................................................................................................................... 10 PERSONNELRECORDS...........................................................................................................................................................10 PAY PRACTICES AND PERFORMANCE EVALUATIONS............................................................................11 SALARYINCREASES/CHANGES............................................................................................................................................11 EMPLOYEE PERFORMANCE EVALUATIONS........................................................................................................................11 EMPLOYEE WORK TIME................................................................................................. WORKTIME POLICY....................................................................................................................... EMPLOYEE CLASSIFICATIONS........................................................................................................ Overtime Pay...................................................................................................... ......... ................ - CompensatoryTime.................................................................................................................. Emergency Overtime Pay for Exempt Employees ................................................... COMPENSATORY TIME/OVERTIME PAY POLICY....................................................................... HOLIDAYS......................................................................................................................................... CALL-OUT......................................................................................................................................... LEAVES.................................................................................................................................. PAIDHOLIDAYS............................................................................................................................... REQUESTSFOR TIME OFF.............................................................................................................. PAIDTIME OFF (PTO).................................................................................................................. .........................13 .............................13 .............................13 ...............................14 ...............................14 ...............................14 .............................14 .............................15 .............................15 .............................17 ..................................17 ..................................17 .............I....................18 Employee Handbook — September 1, 2013 Table of Contents PARENTAL INVOLVEMENT LEAVE.......................................................................................................................................19 FAMILY AND MEDICAL LEAVE ACT LEAVE (FMLA LEAVE)...........................................................................................20 Military Family Leave Entitlements.........................................................................................................................20 Benefitsand Protections.................................................................................................................................................21 EligibilityRequirements..................................................................................................................................................21 Definition of Serious Health Condition...................................................................................................................21 Useof Leave.............................................................................................................................................................................21 Substitution of Paid Leave for Unpaid Leave......................................................................................................22 EmployeeResponsibiIities..............................................................................................................................................22 TheTown's Responsibilities..........................................................................................................................................23 UnlawfulActs.........................................................................................................................................................................23 Enforcement............................................................................................................................................................................ 23 COLORADOFAMILY CARE ACT.............................................................................................................................................23 DISCRETIONARY LEAVE OF ABSENCE WITHOUT PAY (NON-FMLA)...........................................................................23 BEREAVEMENTLEAVE...........................................................................................................................................................24 COURTLEAVE/JURY DUTY...................................................................................................................................................24 VOTINGTIME..........................................................................................................................................................................25 DOMESTICABUSE LEAVE......................................................................................................................................................25 MILITARYLEAVE....................................................................................................................................................................25 WORKERS' COMPENSATION AND INJURY LEAVE..............................................................................................................25 TEMPORARY MODIFIED ASSIGNMENT PROGRAM (MAP).............................................................................................. 26 BENEFITS............................................................................................................................................................... 28 MEDICALINSURANCE............................................................................................................................................................ 28 PENSION/RETIREMENT........................................................................................................................................................ 28 UNIFORM AND SAFETY SHOE ALLOWANCE.......................................................................................................................28 EMPLOYEECONDUCT........................................................................................................................................ 30 ATTENDANCEAND PUNCTUALITY.......................................................................................................................................30 COMMUNICATION WITH NEWS MEDIA..............................................................................................................................30 ETHICS.....................................................................................................................................................................................31 CONFLICTSOF INTEREST...................................................................................................................................................... 31 DRESSCODE............................................................................................................................................................................ 31 GENERAL RULES OF CONDUCT............................................................................................................................................ 32 OUTSIDEEMPLOYMENT........................................................................................................................................................32 POLITICALACTIVITY............................................................................................................................................................. 32 RESPIRATORY PROTECTION POLICY...................................................................................................................................33 SAFETYPROGRAM.................................................................................................................................................. ............33 SEVEREWEATHER POLICY...................................................................................................................................................34 SevereWeather Pay Policy.............................................................................................................................................34 SUPPLEMENTALRULES OF CONDUCT.................................................................................................................................35 TELEWORKING........................................................................................................................................................................35 USEOF TOWN VEHICLES......................................................................................................................................................3S USE OF COMPUTERS......................................................................... ... .................................................................................. 36 ELECTRONICDEVICES...........................................................................................................................................................36 WORKPLACEVIOLENCE........................................................................................................................................................37 DRUGSAND ALCOHOL....................................................................................................................................... 39 DRUG -FREE WORKPLACE ACT OF 1988..........................................................................................................................39 CONTROLLED SUBSTANCE AND ALCOHOL - TESTING.....................................................................................................39 DISCIPLINE/PROBLEM RESOLUTION/APPEAL PROCESS..................................................................... 40 Emptoyee Handbook — September 1, 2013 Table of Contents DISCIPLINE.............................................................................................................................................................................. 40 PROBLEMRESOLUTION.........................................................................................................................................................40 TERMINATION........................................................................................................................................................................40 APPEALPRO CEDE RES........................................................................................................................................................... 41 SEPARATION FROM EMPLOYMENT.............................................................................................................. 42 RESIGNATION..........................................................................................................................................................................42 RETIREMENT................................................................................................................ ............42 .............................................. ACKNOWLEDGEMENTOF RECEIPT............................................................................................................................ Employee Handbook — September 1, 2013 Table of Contents Employee Handbook — September 1, 2013 Table of Contents TOWN OF FIRESTONE, COLORADO EMPLOYEE HANDBOOK LEGAL STATEMENT AND DISCLAIMER IT IS THE RESPONSIBILITY OF EACH TOWN EMPLOYEE TO KEEP, READ, BECOME FAMILIAR WITH, AND ABIDE BY THE TOWN OF FIRESTONE EMPLOYEE HANDBOOK ("EMPLOYEE HANDBOOK") AND ALL FUTURE UPDATES AND AMENDMENTS TO SAME. ALL EMPLOYEES AND POTENTIAL EMPLOYEES OF THE TOWN ARE HEREBY ADVISED THAT: - NOTHING IN THE EMPLOYEE HANDBOOK IS, OR IS INTENDED TO BE, AN EXPRESS OR IMPLIED CONTRACT OR A PROMISE OF EMPLOYMENT BETWEEN THE TOWN AND ANY EMPLOYEE OR PERSON OFFERED EMPLOYMENT. - EMPLOYMENT WITH THE TOWN IS CONSIDERED AT -WILL; EMPLOYMENT BY THE TOWN IS NOT FOR A DEFINITE PERIOD, AND EITHER THE EMPLOYEE OR THE TOWN MAY TERMINATE EMPLOYMENT AT ANY TIME WITH OR WITHOUT ADVANCE NOTICE. - NOTHING IN THE EMPLOYEE HANDBOOK GRANTS, OR IS INTENDED TO GRANT, ANY EXPRESS OR IMPLIED RIGHT TO CONTINUED EMPLOYMENT OR TO EMPLOYMENT OF ANY SPECIFIC DURATION. - NOTHING IN THE EMPLOYEE HANDBOOK LIMITS, OR IS INTENDED TO LIMIT, THE TOWN'S RIGHT TO DISCHARGE ANY OF ITS EMPLOYEES. - THE PROVISIONS OF THE EMPLOYEE HANDBOOK ARE NOT ALL-INCLUSIVE AND ARE NOT PROMISES; RATHER, THEY ARE GUIDELINES AND A SUMMARY OF INFORMATION RELEVANT TO EMPLOYEES. - THE TO)N'N MANAGER MAY MAKE CHANGES TO POLICIES CONTAINED IN THE EMPLOYEE HANDBOOK WHICH CHANGES SHALL BE IN WRITING AND TAKE EFFECT UPON THE DATE SPECIFIED THEREIN. THE BOARD OF TRUSTEES SHALL BE NOTIFIED OF SUCH CHANGES NO LATER THAN FIFTEEN (.15) DAYS PRIOR TO THE CHANGE TAKING EFFECT. - THERE IS NO GUARANTEE OF EMPLOYMENT FOR ANY SPECIFIC DURATION. NO REPRESENTATIVE OF THE TOWN OF FIRESTONE, OTHER THAN THE TOWN MANAGER, HAS AUTHORITY TO ENTER INTO AN AGREEMENT OF EMPLOYMENT FOR ANY SPECIFIED PERIOD AND SUCH AGREEMENT MUST BE IN WRITING, APPROVED BY THE BOARD, AND SIGNED BY THE TOWN MANAGER AND THE EMPLOYEE. Employee Handbook — September 1, 2013 - THE TOWN HAS AND RESERVES THE RIGHTS TO AMEND, ALTER OR ELIMINATE ANY BENEFITS PROVIDED TO EMPLOYEES; TO DETERMINE APPLICATION OF THESE POLICIES TO SPECIFIC CIRCUMSTANCES; TO REVISE OR RESCIND THESE POLICIES AT ANY TIME, WITH OR WITHOUT NOTICE, AND TO MAKE ANY SUCH AMENDMENT, ALTERATION, ELIMINATION OR REVISION APPLICABLE TO THEN -CURRENT AS WELL AS FUTURE EMPLOYEES. EACH PERSON EMPLOYED BY THE TOWN MUST SIGN AN ACKNOWLEDGMENT AND RECEIPT CONFIRMING RECEIPT OF THE TOWN'S EMPLOYEE HANDBOOK AND ACKNOWLEDGING THE MATTERS SET FORTH ABOVE. Employee Handbook — September 1, 2013 2 Purpose and Intent of the Employee Handbook Purpose, Intent, and Coverage The Town of Firestone, hereafter referred to as "Town," recognizes that sound personnel policies are an essential part in the process of extending high quality services to the public. The purpose of this handbook is to inform employees of the Town's personnel policies of general applicability. This handbook has been adopted by the Firestone Board of Trustees to ensure equal application of personnel policies, to assist supervisors and employees, and to make employees aware of policies, procedures and benefits during their employment with the Town. This handbook is not all-inclusive, but addresses those topics most likely to be of interest and assistance to employees in the course of day-to-day operations. The policies in this handbook are not intended to supersede the Town's ordinances or other applicable laws; in case of any conflict between these policies and such ordinances or laws, the latter shall prevail. The provisions of this handbook apply to all categories of employees of the Town except as otherwise specified herein or in the Town's ordinances or contracts entered into by the Board. Without limiting the foregoing, the provisions hereof shall apply to the position of Town Manager only with respect to the administration of benefits, consistent with any contracts for such position, and the other provisions hereof, including but not limited to those pertaining to disciplinary actions, appeals, and grievances, shall not apply to such position. Additions, Deletions, and Changes The Town Manager may make changes to the policies contained in this handbook. The proposed changes will be in writing and will be submitted to the Town Board of Trustees no later than 15 days prior to the date the changes are to take effect. Changes to the handbook will be distributed to all employees and all employees shall acknowledge receipt of the new handbook or new handbook provisions. Throughout this handbook references to the "Board" are to the Board of Trustees of the Town. References to the "Town Manager" are to the Town Manager appointed by the Board of Trustees, and references to "Department Head" are to the chief officer of a particular Department of the Town. An employee's supervisor may be a Department Head or another supervisory employee who reports to the Department Head. An employee's direct supervisor is as identified in the Town's job classification for the position. Employee Handbook — September 1, 2013 3 Equal Employment Opportunity EEO/Harassment Policy The Town is dedicated to the principles of equal employment opportunity. The Town prohibits unlawful discrimination against applicants or employees on the basis of age 40 and over, race, sex, color, religion, national origin, disability, genetic information, sexual orientation, veteran status, or any other applicable status protected by state or local law. ADA and Religious Accommodation The Town will make reasonable accommodation for qualified individuals. with known disabilities and employees whose work requirements interfere with a religious belief unless doing so would result in an undue hardship to the Town or a direct threat. Employees needing such accommodation are instructed to contact their supervisor or Human Resources immediately. EEO Harassment The Town strives to maintain a work environment free of unlawful harassment. In doing so, the Town prohibits unlawful harassment because of age 40 and over, race, sex, color, religion, national origin, disability, genetic information, sexual orientation, veteran status, or any other applicable status protected by state or local law. Unlawful harassment includes verbal or physical conduct that has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. Actions based on an individual's age 40 and over, race, sex, color, religion, national origin, disability, genetic information, sexual orientation, veteran status, or any other applicable status protected by state or local law will not be tolerated. Prohibited behavior may include but is not limited to the following: • Written form such as cartoons, e-mail, posters, drawings, or photographs. • Verbal conduct such as epithets, derogatory comments, slurs, or jokes. • Physical conduct such as assault, or blocking an individual's movements. This policy applies to all employees including managers, supervisors, co-workers, and non - employees such as customers, clients, vendors, consultants, etc. Sexual Harassment Because sexual harassment raises issues that are to some extent unique in comparison to other harassment, the Town believes it warrants separate emphasis. The Town strongly opposes sexual harassment and inappropriate sexual conduct. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when: Employee Handbook — September 1, 2013 4 • Submission to such conduct is made explicitly or implicitly a term or condition of employment. • Submission to or rejection of such conduct is used as the basis for decisions affecting an individual's employment. • Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. All employees are expected to conduct themselves in a professional and businesslike manner at all times. Conduct which may violate this policy includes, but is not limited to, sexually implicit or explicit communications whether in: • Written form, such as cartoons, posters, calendars, notes, letters, e-mail. • Verbal form, such as comments, jokes, foul or obscene language of a sexual nature, gossiping, or questions about another's sex life, or repeated unwanted requests for dates. • Physical gestures and other nonverbal behavior, such as unwelcome touching, grabbing, fondling, kissing, massaging, and brushing up against another's body. Complaint Procedure If you believe there has been a violation of the EEO policy or harassment based on the protected classes outlined above, including sexual harassment, please use the following complaint procedure. The Town expects employees to make a timely complaint to enable the Town to investigate and correct any behavior that may be in violation of this policy. Report the incident to your supervisor, the Human Resources Department Head or the Town Manager so that the matter may be investigated and, as appropriate, corrective action taken. Your complaint will be kept as confidential as practicable. if you prefer not to go to any of these individuals with your complaint, you should report the incident to the Town Attorney. The Town prohibits retaliation against an employee for filing a complaint under this policy or for participating in a complaint investigation. If you perceive retaliation for making a complaint or your participation in the investigation, please follow the complaint procedure outlined above. The situation will be investigated. If the Town determines that an employee's behavior is in violation of this policy, the Town may impose disciplinary action, up to and including termination of employment. Employee Handbook — September 1, 2013 Recruitment and Selection of Employees The Town of Firestone is committed to attracting and retaining a professional and efficient workforce. Strong consideration is given to qualified candidates who demonstrate a commitment to the fundamental values of the Town, in addition to possessing the necessary skills, experience and education. Successful candidates demonstrate a positive attitude, commitment to quality customer service, ability to get along well with others through effective communication, and the willingness to adapt and embrace change. Immigration Law Compliance The Town employs only United States citizens and those who are authorized to work in the United States in accordance with the immigration Reform and Control Act of 1986. The Town does not unlawfully discriminate on the basis of citizenship or national origin. As a condition of employment, each new employee must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility. Failure to present such documentation in a timely manner will result in termination of employment. Former employees who are rehired must also complete the form if they have not completed an 1-9 with the Town within the past three years, or if their previous I-9 is no longer retained or valid. Employment of Relatives and Work lace Relationships Purpose The purpose of this Section is to establish a policy on relationships between and among Town employees in order to avoid actual or apparent conflicts of interest between work -related obligations and personal obligations or interests which may create an adverse impact on supervision, safety, security or morale. Definitions For the purposes of this Section, the following terms shall have the following meanings: Consensual Social Relationship: A relationship, beyond work collegiality, to which both persons voluntarily and mutually consent including, but not limited to, dating, romantic relationships, cohabitation, sexual intimacies, marriages, marriages ending in dissolution, and the like. Cohabitation: Living together in a relationship characterized by intimacy or sexual relationships by persons who are not legally married. Relative: Any person related to an employee or elected or appointed official of the Town by blood or marriage, in any of the following degrees: parents, spouses, children (including step and adopted children), brothers, brothers-in-law, sisters, sisters-in-law, parents -in-law, nephews, nieces, aunts, uncles, first cousins, grandparents, grandchildren, and children -in-law. Additionally, "relative" includes parties to a civil union or domestic partnerships, and other Employee Handbook — September 1, 2013 parties who are within the employee's immediate household. A separation between spouses does not terminate the relationships described herein. Direct Report: A person who is supervised by another person by virtue of rank or job classification. Supervisor: A person who has authority, direct or indirect, over another by virtue of rank or job classification. Procedure Applications for employment from relatives of employees or elected or appointed officials will be considered with other qualified applicants. Restrictions will apply to prevent potential problems of supervision and security. Specifically, relatives and persons who plan to marry or enter into a civil union with a Town employee will not be hired, promoted, demoted; or transferred in the following circumstances: One relative would directly or indirectly exercise supervisory, appointment, or dismissal authority or disciplinary action over the other relative (for example, within the police chain of command, when one relative would serve as the commanding officer or have direct or indirect supervision over another relative); One relative would audit, verify, receive, or be entrusted with moneys received or handled by the other relative; or One relative would have access to the other relative's confidential information, including payroll and personnel records maintained by the Town. In the event two employees of the Town become relatives and such relationship gives rise to one or more of the circumstances described above, the affected employees will be allowed 30 days to choose which of them will resign from his or her position with the Town or obtain a transfer to other Town employment where such conflict no longer exists. The employee may apply for advertised vacant positions in other Town departments. In the event there is no vacant position available in anoth.-r department for which the employee qualifies or if one of the two affected employees does not submit a resignation within 30 days of marriage or other event giving rise to the conflict, the employee with the least amount of Town employment seniority shall be required to resign or shall be discharged. Any Town employee who becomes involved in a consensual social relationship with another Town employee shall immediately notify his or her Department Head through the employee's supervisory chain of command. If the Department Head and the Town Manager (or solely the Town Manager if the relationship involves the Department Head) determine that the relationship creates a conflict of interest or the appearance of a conflict of interest (as may occur, for example, in consensual social relationships involving a subordinate and supervisor), the Town Manager may make a reasonable effort to transfer, reassign, or otherwise resolve the situation so that one employee is placed in a position where the conflict no longer exists. If such conflict cannot be eliminated, one of the affected employees shall resign or be discharged. Employee Handbook — September 1, 2013 Professional behavior is important to the work environment. Therefore, employees involved in a consensual social relationship must avoid displays of sexual affection, sexual innuendos, or comments while at work. These types of behaviors may make others uncomfortable and are inappropriate in a work environment. Vacancies While the Town posts most open positions either internally, externally, or both, not all open positions will be posted. The decision to post a position internally or externally rests with management. The following outlines some potential reasons that a position may not be posted: • There is a shortage of qualified internal talent available. • The job is a critical developmental role or promotion for an existing employee. • There is a business need to bring in external expertise instead of building expertise within. Application Procedure All persons interested in employment with the Town shall complete an Application for Employment in order to be considered for a vacant or new position. The application must be accompanied by any supporting documentation required to be submitted for the particular position. Unsolicited applications and resumes will not be considered. Applications shall remain active until the position is filled. Interested parties must complete an Application for Employment for each position in which s/he is interested in applying. Applications of non - selected applicants shall be retained for two years as required by applicable law. Transfer of Employ The following is the general procedure followed for transfer of Town employees within a Department or to another Department in the Town: 1. Employees interested in a posted position shall submit an Application of Employment and any required supporting documentation to Human Resources. 2. When an employee is selected for a position in another Department, the gaining Department Head shall determine the date of the transfer; however, the transfer will take place on such date as is identified by mutual agreement between the gaining and losing Departments. Any transfer either within the same Department or between Departments shall require the prior approval of the Town Manager and completion of a Personnel Action Notice (PAN) for routing to Human Resources. Employee Handbook — September 1, 2013 8 Employee Status Full -Time A person who has been hired to work the full schedule of hours established for the work unit where the employee is assigned. For example, this means 40 hours per week, for a total of 2,080 hours per year, for most office and maintenance positions and 80 hours per work period for patrol officers. Full-time employees are eligible to participate in employee benefit and leave programs. Part -Time A person employed to work less than 40 hours per week. Part-time employees who work at least 1,250 hours for the Town during the 12 months preceding the commencement of a requested leave may be eligible for Family and Medical Leave Act ("FMLA") benefits. Part-time employees are eligible for workers' compensation, unemployment compensation benefits, pension benefits required by applicable law, and other fringe benefits in the proportions as specified in these policies. TemporgU A person employed either on a part- or full-time basis in a job that has been established for a specific period of time or duration (whether for a season or otherwise), or for a specific project or group of assignments, whose employment is anticipated to be less than 12 months. Temporary employees are eligible for workers' compensation and unemployment compensation benefits. Temporary employees shall be eligible for pension benefits and fringe benefits, including health and welfare benefits, as required by applicable law. Temporary employees do not earn Paid Time Off (PTO) and are not paid holiday pay. The Town Manager may employ persons on a temporary basis as an emergency appointment as is necessary to prevent stoppage of public business or loss or serious inconvenience to the public. Such appointment may be made on an hourly basis provided such appointment is within current spending authority. An emergency appointment may not be used to fill a vacancy which an immediate supervisor knew or reasonably should have known would occur. Non -Exempt Employees and Exempt Employees (FLSA) Non-exempt employees are employees who are eligible for overtime pay and compensatory time under the Fair Labor Standards Act (FLSA). Exempt employees are employees who are not eligible for overtime pay and compensatory time under the FLSA. Employee Handbook — September 1, 2013 9 Personnel Records Personnel Records Personnel records, as required by law and deemed essential for efficient operations, will be maintained by the Town. Personnel records must be held and handled in accordance with established procedures, and kept confidential as required by the Colorado Open Records Law. The individual employee's personnel record shall include the address and telephone number of the person to be notified in the event of an emergency, social security number, job application forms, evaluation reports, Personnel Action Notices, records of disciplinary action, training, and licenses and certificates required for the position. It is the employee's responsibility to notify the Town of any information changes as soon as possible, such as: • Change of address - physical and/or mailing • New phone number • Change in marital status • Addition or deletion of dependents or beneficiaries Employees may review their personnel file at any time in the presence of the Human Resources Department Head or the Department Head's designee. Employees who wish to request a copy of their personnel file, please see Human Resources. Employee Handbook — September 1, 2013 10 Pay Practices and Performance Evaluations The Town follows an articulated Total Rewards Philosophy. The Town's philosophy on total rewards is to ensure fair and consistent decisions surrounding employee pay, to provide the flexibility necessary to successfully recruit and retain talented employees, to pay based on performance, and to increase accountability for all employees. A copy of the Town's Total Rewards Philosophy is available on the Global Drive. The Town does not make pay advances to employees. Salary Increases/Changes MERIT: A pay increase given to an employee to recognize increased effectiveness or above average performance or productivity. The increased value of the employee is evidenced by greater productivity, improved judgment and more initiative that should be recognized by an increase in pay. A merit increase is at the Town's discretion and is based upon measured performance. MARKET: The Town Manager may periodically review the pay associated with a job description for internal equity and external equity as compared to surrounding communities or comparable municipalities. The Town may make market adjustments to salaries at its discretion. PROMOTION/DEMOTION/RECLASSIFICATION: An employee promoted, demoted, or reclassified to a position with a different pay range will be paid a rate that is the most appropriate based on the employee's knowledge, skills, abilities, education, and experience, as determined by the Town Manager, in consultation with supervisors and Department Heads. Position reclassifications occur when a determination is made that a specific position needs to be reclassified to a different pay range or status. Position reclassifications are recommended by the Department .Head and/or Human Resources, and reviewed by the Town Manager, Human Resources, and the Department Head, PAY RANGE: Adjustments made to the pay range as a result of a compensation study. When pay ranges are adjusted, employees may or may not be eligible for a pay increase. The Town .Manager will determine the method and timing by which these adjustments will be administered. Employee compensation is set within an established guideline, is based on a candidate's or incumbent's qualifications, and is set at the discretion of the employee's direct supervisor and the Town Manager. Employee Performance Evaluations Employee performance evaluations are an important component of the salary structure and let employees know how their supervisors evaluate their performance, furnish guidelines to improve that performance, and assist the employee in preparing for advancement. Supervisors will complete an evaluation report on their employees in accordance with the following: Employee Handbook— September 1, 2013 11 • The person performing the evaluation should be the first level supervisor of the employee. • Evaluations for all full-time employees may include an annual performance review and a mid -year assessment. The annual evaluation shall include 12 months of evaluation. A favorable evaluation report does not guarantee an adjustment in pay. Employees on a Performance Improvement Plan are not eligible to receive merit pay increases. A copy of the Town's performance evaluation is available on the Global Drive. Employee Handbook -- September 1, 2013 12 Employee Work Time Work Time Policy Employees of the Town are expected to work during all assigned periods, exclusive of bona fide breaks, mealtimes, unscheduled hours, etc. A "normal" work day consists of 8 hours with an additional hour (or, for some departments, one-half hour) for lunch. The time allotted for lunch/mealtime breaks shall include any travel time to and from the work site. In addition, employees may take two 15-minute breaks at approximately the midway point of each half of their daily working schedule, depending on the work load for that particular day. Breaks shall not be considered to accumulate if they are not taken and shall not be used to shorten the normal work day. The "work week" means the seven consecutive 24-hour periods beginning at 12:00 midnight each Saturday morning and ending at 11:59 p.m. the following Friday. A "normal" workweek typically includes 40 hours. However, the "work period" used to calculate overtime for law enforcement personnel, shall not be as defined above, but shall be the two -week period beginning at 12:00 midnight Saturday and ending at 11:59 p.m. on the second Friday thereafter, which period may also be identified on the duty and/or work period schedule(s) prepared for such personnel. Work time policies for law enforcement personnel are as established through that Department. For purposes of calculating overtime payments, only hours actually worked are counted. Holidays and Paid time Off (PTO) leave are not counted as hours worked and therefore are not used in the calculation of overtime. Employee Classifications The Town is governed by the provisions of the Fair Labor Standards Act (FLSA) in determination of the eligibility for compensatory time and payment of overtime. This policy shall be applicable to all employees of the Town who are covered under the FLSA. For purposes of determining compensatory time and overtime, the following definitions apply: Non -Exempt Employees: Non-exempt employees are eligible for overtime pay and compensatory time, paid at one and one half times the employee's regular hourly rate for all hours worked over 40 in a work week. It is the policy of the Town, however, that overtime pay will be the standard, and employees generally will not be allowed to accrue compensatory time without the prior written approval of the employee's Department Head. • Exempt Employees: Exempt employees are not eligible for overtime pay or compensatory time. + Non -covered Employees: All elected officials, administrative deputies of elected officials, political appointees, as defined by statute and case law, legal advisors, Employee Handbook — September 1, 2013 13 volunteers, independent contractors, prisoners, and other non -covered employees as may be determined under FLSA. Overtime Pay Pay at the rate of one and one half times the employee's regular hourly rate for time worked in excess of 40 hours of work in a work week, or, for patrol officers and sergeants, time worked in excess of 80 hours of work during a two -week work period. Holidays and Paid Time Off (PTO) leave are not counted in the calculation of overtime. Compensatory Time Time off from work that is earned at the rate of 1.5 hours for each hour worked that is more than 40 regular hours in a work week, or, for patrol officers and sergeants, time worked in excess of 80 hours of work during a two -week work period. Emergency Overtime Pay for Exempt Employees The Town Manager, at his or her discretion, may authorize exempt employees to be compensated for overtime hours worked either inside the Town or outside the Town during an emergency or disaster. Example of Computation of Overtime: If an employee's regular schedule is: Mon Tue Wed Thu Fri 8 8 8 8 8 and the employee actually works: Mon Tue Wed Thu Fri 8 12 10 10 2 then, in this example, the employee would receive overtime pay for 2 hours since the total number of hours worked for the week is 42. The employee would not receive overtime pay for the extra hours worked on any single day. Compensatory Time/Overtime Pay Policy REQUIREMENT FOR APPROVAL: The Town has the right to require reasonable overtime work from all employees. All overtime (cash at 1.5 X or compensatory time off at 1.5 X) must be approved in advance by the supervisor. Overtime worked without prior authorization from your supervisor may result in disciplinary action, up to and including termination. COMPENSATORY TIME: Compensatory time may be used to compensate overtime only when approved in advance in writing by the employee's Department Head and the Town Manager. Compensatory time shall be used before Paid Time Off (PTO) leave is used. Some Department Heads have developed more specific policies on the use, accrual, and maximum amount of compensatory time. It is the employee's responsibility to become familiar with the policies in their Department. OVERTIME PAY: Overtime pay for overtime hours will be paid with the pay for the pay period during which the overtime pay was earned at the rate of one and a half times the employee's regular hourly rate of pay. Payment of overtime is dependent on budgetary constraints. If Employee Handbook— September 1, 2013 14 budgeted amounts are _exceeded or if compensatory time has been approved in writing in advance by the employee's Department Head and Town Manager, then the Town will compensate overtime hours with compensatory time in lieu of overtime pay. PAYROLL CALENDAR. Town employees are paid every two weeks. There are 26 pay periods in a year. A current year payroll calendar will be distributed annually by the Finance Department. TIME SHEETS: Employees must keep track of their work hours on either Town time sheets or the Town's electronic time program as directed by their supervisor. Work hours for each department including Police Department employees are also tracked by supervisors on either electronic or paper master time sheets. Employees are responsible for verifying their electronic or paper time sheets and submitting them to their supervisors at the appropriate pay cycle intervals. These are then submitted to or downloaded by Payroll. Holidays Non-exempt employees who are eligible for paid holidays and who are required to work on Town observed holidays (under "Leave" below) will receive holiday pay and compensation at 1.5x for hours actually worked on such holiday. Compensation for holidays will be paid in the pay period during which the holiday occurred and cannot be banked or accrued. Holiday pay is not counted as time worked in the calculation of overtime. Call -Out Non-exempt employees are subject to call -out time. A call -out is considered an emergency that requires an employee to perform work after normal duty hours in order to prevent damage to property or persons or which requires immediate attention of the employee and cannot possibly be postponed. The following conditions apply: • Call -out time begins when the employee leaves the employee's home. • Call -out time will be compensated at the employee's regularly hourly rate and subject to requirements for overtime compensation. • Employees who are required to respond to a call -out will receive 2 hours of time credited for their response, in addition to compensation for time worked as call - out time, and the 2 hour credit shall be annotated on their time sheet. • Employees who work call -out, return home, are called out again, and leave the job site within 2 hours of the initial response shall only receive 2 hours of time credit. If they leave the job site and are no longer within the initial 2 hours, they shall receive an additional 2 hours of time credit. • If an employee is called out, that employee must comply with the Town drug and alcohol policies as set forth in this handbook. Extreme discretion is therefore required of employees who can foresee a call -out situation, such as when snow is forecasted. Employees who are not in compliance with the drug and alcohol Employee Handbook --- September 1, 2013 15 policies of this handbook when called out must inform their supervisor of their condition and remain at home. • Call -out time ends when the employee leaves the job site. • During anticipated severe weather, work shifts may be altered at the supervisor's discretion. In such instances, additional pay for call -out time will not apply. • The 2 hours of credited time for responding to a call -out are not used in the calculation of overtime. Employee Handbook — September 1, 2013 16 Leaves Paid Holidays The following holidays shall be observed by the Town: New Years Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day following Thanksgiving Last working day before Christmas Christmas Day Non -temporary, full-time employees are eligible for paid holidays. Part-time and temporary employees, who worked at least 780 hours in the preceding twelve months (determined on a rolling basis), are eligible for holiday pay on a pro-rata basis for the holidays which occur during their employment with the Town and after having been employed for a full year or a full season. Holidays that fall on a Saturday will be observed on the preceding Friday. Holidays that falls on a Sunday will be observed on the following Monday. Holidays are subject to annual re- evaluation by the Town Board of Trustees and may be revised at any time. Employees will be advised of observed holidays or any changes to observed holidays in December of the year preceding the scheduled holidays. Non-exempt employees required to work on paid holidays when the nature of their duties or other conditions so require shall receive holiday pay and compensation at 1.5 x for hours actually worked. Holiday pay is not counted as time worked in the calculation of overtime. Requests for Time Off If the necessity for the leave is foreseeable, requests for time off of any type (including, but not limited to, Paid Time Off (PTO) or unpaid) must be submitted to the employee's supervisor in writing. Employees who are on leave must maintain the minimum eligibility requirements for insurance benefits to be extended or otherwise may become ineligible for insurance benefits. Requests for any type of leave shall be submitted with sufficient advance notice in order to allow supervisors and Department Heads to evaluate the request and determine if the time off can be approved. Employee Handbook — September 1, 2013 17 Additional documentation may be required for certain types of leave as indicated in Iater sections of this Handbook. If an employee exhausts one type of leave, other types of leave may be available as defined in the remaining sections below. It is the employee's responsibility to become familiar with the different types of leave that are available and the guidelines that apply to each type of leave. Time off in excess of approved time available under the Town's leave programs may be viewed as a performance issue and could result in disciplinary action up to and including termination. Paid Time Off (PTO) The policy of the Town is to provide Paid Time Off (PTO) to regular full-time and part-time employees in accordance with the employee's length of service with the Town. PTO is for employees to use for vacation, illness, injury and personal business. Management will evaluate requests for PTO with consideration for the needs of the Town and personal desires of the employee. Request for PTO must be approved by the employee's immediate supervisor as far in advance as possible of taking the requested leave. Additionally, employees should make every effort to submit PTO requests as early as possible in the calendar year so that Department Heads may better assess all requests and work assignments for the upcoming year. The amount of PTO an employee receives increases with the length of their employment as shown in the following schedule, in accordance with an employee's anniversary date: SERVICE EARNED PTO HOURS First Year of Service 152 hours Years 2 — 4 232 hours Years 5 — 9 272 hours Years 10+ 312 hours PTO Guidelines: • Part-time employees shall earn PTO in proportion to the amount of time worked on a monthly basis. • Employees who begin employment in the middle of a pay period shall earn a prorated share of PTO hours for that pay period. • Employees who have an unexpected need to be absent from work must notify their direct supervisor before the scheduled start of the work day. • Employees may earn a specified number of PTO hours annually per the above schedule up to an established cap; once the cap is reached, no further earnings can happen until time has been used to allow for additional earnings. The maximum amount that can be earned before being capped and the number of hours allowed to be carried over at the end of each calendar year is as follows: Employee Handbook — September 1, 2013 is First Year of Service 40 hours Years 2 — 4 120 hours Years 5 — 9 160 hours Years 10+ 240 hours • PTO must be earned by the pay period in which it is taken. • Employees shall not be allowed to have a negative PTO balance. • Donation of PTO leave is not allowed. • PTO shall not be used or debited in less than two-hour units. • Town -observed holidays shall not be counted in debiting PTO. • When Town offices are closed due to inclement weather, emergency or other situations, employees who are on PTO at that time shall still be debited with PTO for the hours that the offices are closed. For example, if the Town Manager decides to close Town offices at 2:00 p.m. due to a winter storm, persons on PTO for the whole day shall still be debited with 8 hours of PTO, not 5 hours. During a pandemic influenza outbreak, the Town's Pandemic Influenza Response Plan shall apply. PIease see the Plan on the Town's Global Drive. PTO leave is not counted as time worked in the calculation of overtime. Parental Involvement Leave Parental involvement leave is unpaid leave granted to an employee who is the parent or legal guardian of a child enrolled in a public or private school or in a nonpublic home -based educational program pursuant to State law. Parental involvement leave may be taken by an employee qualifying for such leave for the purpose of attending an academic activity for or with the employee's child. An "academic activity" shall be as defined by applicable State law, in effect from time to time, and includes a parent -teacher conference or a meeting related to special education, intervention, dropout prevention, attendance, truancy, disciplinary issues or other activity as provided within such statutory definition, including the statutes referenced therein, all as in effect from time to time. Parental involvement leave shall not exceed six hours in any one -month period and shall not exceed eighteen hours in any academic year. An employee who works less than a full-time schedule is eligible for a portion of such amounts of parental involvement leave based on the percent of a full-time schedule the employee works. The Town may limit the ability of an employee to take parental involvement leave in cases of emergency or other situations that may endanger a person's health or safety or in a situation where the absence of the employee would result in a halt of service or production. Upon Town request, the employee shall provide written verification from the school or school district of the academic activity for which parental involvement leave is taken. Employee Handbook — September 1, 2013 19 In order to use parental involvement leave, the employee must provide his or her supervisor with notice of the need for leave at least one calendar week in advance of the academic activity. In the case of an emergency where the employee is not aware of the need for the leave one calendar week in advance, the employee shall provide the employer with notice of the leave as soon as possible once he or she becomes aware of the need for the leave. Parental involvement leave shall not be debited or used in less than one half-hour units. Family and Medical Leave Act Leave (FMLA Leave) The Town provides up to 12 weeks of unpaid, job -protected leave to eligible employees for the following reasons: • Incapacity due to pregnancy, prenatal medical care, or child birth. • To care for the employee's child afterbirth, or placement for adoption or foster care. • To care for the employee's spouse, son or daughter, or parent, who has a serious health condition. • Serious health condition that makes the employee unable to perform the employee's job. Military Family Leave Entitlements Eligible employees with a spouse, son, daughter, or parent on active duty or called to active duty status in the Armed Forces, National Guard, or Reserves may use their 12-week leave entitlement to address certain qualifying exigencies.. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post -deployment reintegration briefings. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness*; or (2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.* *The FMLA definitions of "serious injury or illness" for current servicemembers and veterans are distinct from the FMLA definition of "serious health condition". Employee Handbook — September 1, 2013 20 Benefits and Protections During FMLA leave, the Town maintains the employee's health coverage under any group health plan on the same terms as if the employee had continued to work. Employees must continue to pay their portion of any insurance premium while on leave. if the employee is able but does not return to work after the expiration of the leave, the employee will be required to reimburse the Town for payment of insurance premiums during leave. Upon return from FMLA leave, most employees are restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Certain highly compensated employees (key employees) may have limited reinstatement rights. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave. As with other types of unpaid leaves, paid leave will not accrue during the unpaid leave. Holidays, funeral leave, or employer's jury duty pay are not granted on unpaid leave. r Eligibility Requirements Employees are eligible if they have worked for the Town of Firestone for at least 12 months, for 1,250 hours over the previous 12 months, and if they work at a work site with at least 50 employees within 75 miles. Definition of Serious Health Condition A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents a qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive full calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment. Use of Leave The maximum time allowed for FMLA leave is either 12 workweeks in the 12-month period as defined by the Town, or 26 workweeks as explained above. The Town uses a 12-month period measured forward from the date any employee's first FMLA leave begins. When medically necessary, an employee does not need to use this leave entitlement in one block; leave can be taken intermittently or on a reduced leave schedule. Up to 12 weeks of continuous FMLA leave may be taken to care for a newborn or newly placed adopted or foster care child. Employee Handbook— September 1, 2013 21 Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the Town's operations. Leave due to qualifying exigencies may also be taken on an intermittent basis. Employees taking intermittent or reduced schedule leave based on planned medical treatment and those taking intermittent or reduced schedule family leave with the Town's agreement may be required to temporarily transfer to another job with equivalent pay and benefits that better accommodates that type of leave. Substitution of Paid Leave fur Unpaid Leave The Town requires employees to use accrued paid leave while taking FMLA leave. Paid leave used at the same time as FMLA leave must be taken in compliance with the Town's normal paid leave policies. FMLA leave is without pay when paid leave benefits are exhausted. Employees must first have exhausted all accrued compensatory time and PTO leave, as applicable to their circumstances prior to use of FMLA unpaid leave. Employees taking FMLA leave for a serious health condition may be able to obtain short term and/or long-term disability insurance coverage. More information on disability insurance coverage is available from Human Resources. Employee Responsibilities Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days' notice is not possible, the employee must provide notice as soon as practicable and generally must comply with the Town's normal call -in procedures. Employees must provide sufficient information for the Town to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions; the family member is unable to perform daily activities; the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the Town if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave. The Town may require second and third medical opinions at the Town's expense. Documentation confirming family relationship, adoption, or foster care may be required. if notification and appropriate certification are not provided in a timely manner, approval for leave may be denied. Continued absence after denial of leave may result in disciplinary action in accordance with the Town's attendance guidelines. Employees on leave must contact his/her immediate supervisor or a Human Resources representative at least two days before their first day of return. Employee Handbook — September 1, 2013 22 The Town's Responsibilities The Town will inform employees requesting leave whether they are eligible under FMLA. If they are, the notice will specify any additional information required as well as the employees' rights and responsibilities. If they are not eligible, the Town will provide a reason for the ineligibility. The Town will inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee's leave entitlement. If the Town determines that the leave is not FMLA-protected, the Town will notify the employee. Unlawful Acts FMLA makes it unlawful for the Town to: • Interfere with, restrain, or deny the exercise of any right provided under FMLA. • Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. Enforcement An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against the Town. FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights. Colorado Family Care Act The Town provides up to 12 weeks of unpaid leave to eligible employees to care for their partners in a civil union or domestic partnership, who have serious health conditions. Generally, leave under the Family Care Act (FCA) is administered according to the provisions of the FCA and consistent with applicable FMLA regulations. Contact your supervisor or Human Resources if you need family care leave. Discretionary Leave of Absence Without Pay (Non,-FMLA) The Town Manager may authorize a discretionary leave of absence without pay to employees under the following circumstances: For an employee who has not worked for the Town for 12 months and/or 1,250 hours in a 12 month period prior to the leave request but otherwise meets the criteria for FMLA unpaid leave as defined under FMLA Leave above. • For school or training that is not Town sponsored. Employee Handbook — September 1, 2013 23 • For any other specific purpose as authorized by the Town Manager. • Employees must first have exhausted all accrued compensatory time, PTO leave, as applicable, prior to being granted a discretionary leave of absence without pay. • A discretionary leave of absence without pay shall not be granted for employees to go to other employment, except for extended active duty with the Armed Forces. • A discretionary leave of absence without pay will be for no longer than 30 days. • Employees who are on an approved leave of absence may be reinstated to a position of like status and pay if such position is available and they are qualified. However, there is no job guarantee. Employees on discretionary leave of absence without pay are not entitled to accrual of seniority or benefits. Prior to the start of the discretionary leave of absence without pay, the employee must meet with a Human Resources representative to make arrangements for payment of healthcare insurance and other insurance benefits. Employees will be held responsible for payment of their individual monthly insurance costs while on discretionary leave of absence without pay. Employees who begin their discretionary leave of absence without pay in the middle of a month shall pay a pro -rated share of their insurance costs for that month. Discretionary leave without pay is intended as a consecutive leave period for extenuating circumstances. It is not intended to be used intermittently for employees who have exhausted all available paid time off. Employees who are on leave must maintain the minimum eligibility requirements for insurance benefits to be extended or otherwise may become ineligible for insurance benefits. Bereavement Leave All full-time employees are eligible for funeral leave in the event of a death in their immediate family. An immediate family member is defined here to include the employee's spouse, civil or domestic partner, or the parent, parent -in-law, guardian, child, step -child, son/daughter-in-law, sibling, sibling -in-law, grandparent, grandchild. For each occurrence, employees may be authorized up to 24 hours paid absence from work to attend the funeral or attend to family matters. The hours of leave authorized shall be as established between the employee and the employee's supervisor prior to taking of such leave. These hours of leave shall not be debited to accrued PTO leave, management leave or compensatory time. Employees needing additional time off may use accrued compensatory time, PTO leave, or management leave. Court Leave/Jury Duty The following court leave provisions apply to part-time, temporary, and regular full-time employees (provided they were scheduled to work): Employees must immediately notify their Department Head when they receive notice to appear in court as a witness or for jury duty. Employee Handbook— September 1, 2013 24 • Documentation of the time off for court leave shall be attached to the time sheet for the pay period in which it is used. • Employees who are required to serve as a juror in a federal, state, county, or municipal court shall be granted court leave with pay, to a maximum of 10 days, on the condition that any compensation received for such services during working hours shall be turned over to the Town, except for verified parking expenses and mileage allowance. • Employees who are required to appear as witnesses in cases that relate directly to their Town duties, except for jurny duty shall be granted court leave with pay on the condition that any compensation received for such services during working hours shall be turned over to the Town, except for verified parking expenses and mileage allowance. • Employees who are required to appear in court on matters that do not relate directly to their Town duties, except for jury duty, shall not be granted court leave. They shall be allowed to use other accrued, available leave, or leave without pay. Voting Time Voting is an important civic responsibility. The Town encourages employees to exercise their voting rights in all municipal, state and federal elections. Under most circumstances, it is possible for employees to vote either before or after work. If it is necessary for an employee to arrive late or leave work early to vote in any election, the employee should make arrangements with his or her supervisor no later than the day prior to election day. Domestic Abuse Leave Pursuant to state law, employees subject to domestic abuse may be eligible for up to three working days of unpaid leave from work in any twelve-month period. Please see Human Resources for more information. Military Leave If you are a member of the U.S. Armed Forces Reserve, National Guard or performing other protected uniformed service, you are granted an unpaid leave of absence when called for active or inactive duty training as provided by applicable law. This time is granted in addition to earned PTO time. However, if you desire to use your PTO time for this purpose, you may voluntarily do so if you make a request in writing. If you are inducted into a branch of the U.S. Armed Forces for an extended period, upon returning to the Town after separation from military service, you may be reinstated in accordance with the provisions of the law. Workers'_ Compensation and Injury Leave Employee Handbook — September 1, 2013 25 All employees are covered for an employment -related injury or illness by the Colorado Workers' Compensation Act ("Act"). Under the Act, employees may receive certain benefits pertaining to an employment -related injury or illness. The name and contact information for the Town's designated provider of medical care for employment -related injuries and illnesses is available from Human Resources. Follow-up care will be with a provider as determined by the Town and its workers' compensation insurance carrier. Emergency care will be provided by the closest available medical provider. Under the Act, a work -related injury or illness must be reported to a Human Resources representative or the employee's direct supervisor within four working days. Copies of the First Report of Injury form are available from any supervisor and Human Resources. Benefits may be reduced for injuries or illnesses reported later than four working days after the date of the injury or illness. Benefits: 1. Medical Benefits. Injured employees are eligible to receive medical benefits for reasonable and necessary medical expenses if the care is received from an authorized treating medical provider and pursuant to the Act and the Town's workers' compensation insurance carrier. 2. Compensation Benefits. Employees missing more than three shifts or three days due to a work -related injury or illness may be eligible to receive temporary disability benefits in accordance with and at a rate set forth in the Act. 3. Permanent Impairment. If the employee is unable to fully recover from the work - related illness or injury, the employee may be eligible for permanent partial disability benefits in accordance with the Act. The employee shall provide the Town with such medical reports as required by Human Resources, and such reports as required by the Town's workers' compensation insurance carrier throughout the period of injury leave. Where the operations of the Town permit, temporary Modified Assignment, as defined in the below Section, may also be available to facilitate a return to work by an employee. The Town will comply with ADA as applicable with regard to an employee whose employment - related injury or illness results in a qualified disability under the ADA. Temporary Modified Assi nment Program MAP A temporary Modified Assignment Program (MAP) is a full-time or part-time work assignment that meets an employee's temporary health restriction during his/her period of recuperation from a work -related or non -work -related injury, illness, or condition. The purpose of the program is to Employee Handbook— September 1, 2013 26 allow injured employees to remain productive, while recuperating, and to return to full work status as quickly as medically feasible. The Town will make every effort to provide employees an opportunity to participate in the MAP program. Not every position will lend itself to modified duty; thus, decisions for employees to participate will be made on a case -by -case basis. The following conditions apply: • MAP work is for employees who are temporarily unable to return to their normal duties. Generally the work is less physically and/or mentally demanding. • MAP work must be approved by the designated physician, Department Head and Town Manager prior to final approval of the assignment. • The MAP may be administered for a period not to exceed 90 calendar days. MAP assignments are temporary and the Town does not have permanent modified duty assignments. • If, after 90 calendar days, the employee is unable to return to his/her normal job duties, the situation will be evaluated under the Town's leave policies and in accordance with any reasonable accommodation that may be necessary to comply with the Americans with Disabilities Act (ADA). • if an employee refuses to accept a MAP assignment for reasons other than at the written advice of his/her healthcare provider, the employee may be terminated. Employee Handbook— September 1, 2013 27 Benefits Medical Insurance The Town currently offers medical and other related insurances to full-time employees and on a pro -rated basis to part-time employees regularly scheduled to work at least twenty-four (24) hours per week or as required by law. Such benefits shall be annually enumerated and explained to all employees. Such benefits may be increased, decreased, or eliminated by action of the Town Board consistent with applicable laws. Employees who are on leave must maintain the minimum eligibility requirements for insurance benefits to be extended or otherwise may become ineligible for insurance benefits. Pension/Retirement The following pensionlretirement benefits apply to all employees unless exempt pursuant to applicable law: The Town and employee shall each contribute to a PERA pension plan a percentage of employee's salary as stipulated annually by PERA. a. The Town contribution shall be: l ) Pre-tax. 2) 100% vested after 5 years. b. The employee's contribution shall be: 1) Deducted from employee's base pay, pre-tax. 2) 100% vested on first day of employment. For police officers, the Town and officer shall each contribute a percentage of the officer's salary to a FPPA police defined benefit plan and death/disability plan as stipulated by FPPA annually. a. The Town's contribution shall be: 1) Pre-tax. 2) 100% vested after 5 years. b. The officer's contribution shall be: 3) Deducted from officer's base pay, pre-tax. 4) 100% vested on first day of employment. More information on the current pension/retirement plans is available from Human Resources. Uniform and Safety Shoe Allowance Employees in certain Departments will receive an allocation of uniforms as determined by the Department Head. Uniform shirts may be provided to employees. Expenses for safety -toed Employee Handbook — September 1, 2013 28 shoes are reimbursable for employees in the Public Works and Police Departments. Reimbursement may be provided for other pre -approved uniform items by each Department Head. The Public Works Department receives uniform allocations. Uniform provisions for Police Department employees are contained in the Police Department Handbook. Employees are responsible for care and maintenance of uniforms. Employee Handbook —September 1, 2013 29 Employee Conduct Attendance and Punctualit All employees are expected to be on time and punctual for showing up to work. In addition regular attendance is considered an essential job function and is necessary for the efficient Town operations. Employees that are going to be absent or late must contact their supervisor/manager as soon as possible prior to the start of their shift. Leaving messages with other employees or on voice mail is not acceptable. Excessive absenteeism or tardiness or failure to report an absence or tardiness within one hour after the start of the work day, depending on the frequency or severity of such occurrences, may result in separation from employment. Additionally, employees who are absent for three consecutive working days without notifying the employer will be terminated. Communication With News Media The Town of Firestone has a responsibility to encourage the open exchange of ideas as well as the dissemination of accurate and transparent information. As the media is an essential element of open dialogue, the Town has established these media policies to provide guidance in fostering an ethical and transparent relationship with the media. The Town Manager or his/her designee serves as the official spokesperson for the Town of Firestone regarding significant matters of policy and public interest. Depending on specific issues, the Town Manager or his/her designee may designate another member of the staff to serve as an official Town spokesperson on a specific issue. The Communications and Community Resource Coordinator is responsible for the distribution of all news releases. As part of Town's communications policy, staff should not distribute news releases independently. Employees shall also follow the Town's Media Policy, located on the Global Drive, when interacting with the news media. Social Media Whenever you use social media, use good judgment. We request that you be respectful of the Town, its employees, customers, partners and affiliates, and others. Personal use of social media is never permitted on working time by means of the Town's computers, Town -issued mobile devices, networks, and other IT resources and communications systems. Use of personal mobile devices during work time should be kept to a minimum. The Town has developed Use of Social Media Guidelines for employees who use social media like blogs, wikis, and social networking sites that may contain postings related to the Town, Employee Handbook— September 1, 2013 30 employees of the Town, and any other affiliates of the Town. The Use of Social Media Guidelines are located on the Global Drive. Nothing in these guidelines is meant to interfere with employees' rights under federal law to engage in protected and concerted activity, including employees' ability to discuss terms and conditions of their employment. Ethics Town of Firestone employees must be committed to the highest ethical standards in the conduct of their duties and responsibilities. If you feel you are being asked to violate Town guidelines, address your concerns with your supervisor or a member of the management team. You are expected to report perceived ethical violations. The Town expects employees to make a timely report so that the matter may be investigated and any behavior that may be in violation can be resolved. Report the incident to your supervisor or a member management. Your report will be kept as confidential as practicable. The Town prohibits retaliation against an employee for filing a report or for assisting in an investigation. Conflicts of Interest Employees have an obligation to conduct business within guidelines that prohibit actual or potential conflicts of interest. This guideline establishes only the framework within which the Town wishes the business to operate. The purpose of these guidelines is to provide general direction so that employees can seek further clarification on issues related to the subject of acceptable standards of conduct. Contact the Human Resources Department Head for more information or questions about conflicts of interest. An actual or potential conflict of interest occurs when an employee is in a position to make or influence a decision that may result in a personal gain for that employee or for a relative. For example, personal gain may result in cases where an employee or relative has a significant ownership in a firm with which the Town does business. Additionally, prohibited personal gain occurs when an employee receives any kickback, bribe, substantial gift, or special consideration as a result of any transaction or business dealings involving the Town. If an employee has any situation which may be an actual or potential conflict of interest, the employee must disclose this to the Town Manager as soon as possible. Dress Code For the Town, personal appearance, hygiene, and attire are very important. While we generally maintain a casual dress work environment, a professional image must still be maintained to instill confidence in the minds of the Town's citizens, customers and others. This helps ensure the Town's success. Your appearance should be consistent with good hygiene, safety and what the Town considers appropriate business attire for duties and responsibilities. Employee Handbook — September 1, 2013 31 If you have questions on what is appropriate, check with your supervisor, the Human Resources Department Head or the Town Manager. General Rules of Conduct The Town expects all of its employees to act in the best interest of the Town and members of the public served by the Town. It is the responsibility of all employees to observe all rules, policies, operating procedures, and directives of the Town. The Town further expects that each of its employees will behave with courtesy and respect toward other employees, customers, vendors, others with whom the Town transacts business, and members of the public. Specific rules of conduct adopted by the Town or described in this handbook are not meant to be all-inclusive, but rather address some common and serious potential problems. Outside Employment Employment with the Town shall be the principal vocation of all full-time, regular employees. Any employee may engage in outside employment provided the following conditions are met: • The outside employment does not violate any provision of the Town's Municipal Code. • The outside employment does not interfere with job performance. • The outside employment does not conflict with the interests of the Town. • The outside employment does not give rise to the appearance of impropriety. • The employee has received written approval from the Town Manager or the Human Resources Department Head, as well as the employee's Department Head before any outside employment or other work activity (including self- employment) is undertaken. Political Activity The Colorado Campaign Reform Act applies to the Town and its employees. Employees are free to participate in any political affiliations, activities and campaigns on their own time, away from the offices of the Town, and without use of Town resources. Employees shall refrain from any activities that give the impression of being endorsed by the Town. While on work time, an employee shall not publicly support any candidate for Town office or Town ballot issue, shall not circulate any nominee petitions for office and shall not distribute campaign literature, buttons, placards or similar material on behalf of the candidate. Any employee who is subjected to pressure or coercion to participate in a Town campaign shall report the incident to his or her Department Head or the Town Manager immediately. Each reported incident will be investigated. Any employee found to be in violation of any provision of this policy shall be subject to disciplinary action, which may include termination. Employee Handbook— September 1, 2013 32 Respiratory Protection Policy It is the intent of the Town to offer and provide respiratory protection and personal protective equipment (PPE) of a type appropriate to each employee's assignment. The purpose of the policy is to protect employees while they are wearing and using a respirator and issued personal protective equipment through the use of these procedures. A copy of the Respiratory Protection Policy is located on the Town's Global Drive. Safety Pro _ gram. The Town acknowledges that a valid safety program is an important function of the operational and administrative systems. It also acknowledges that the function of a safety program pertains to all employees of its various Departments. The health and safety of all employees throughout the Town is of primary importance and each Department shall endeavor to maintain a safety -conscious attitude throughout its operation. All employees are required to accept the concept that the safe way to accomplish a task is the most efficient and the only way to perform it. Safety adherence and performance is an important measure of supervisory and operations performance and is standard criteria included in the evaluation of all employees. The following lists only some of the key safety rules; the list is not intended to be exhaustive or all-inclusive. Each Department may prepare separate safety rules applicable to the specific nature of work in their area but not in conflict with these rules. 1. Proper training and extreme caution are required by all employees operating any type of power equipment. 2. Employees will use personal protective equipment appropriate to the job, such as safety glasses, gloves, safety shoes, and hard hats, if required or appropriate to the work performed. 3. Employees will avoid wearing loose clothing and jewelry while working on or near equipment and machines. 4. - All accidents, regardless of severity, personal or vehicular, are to be reported immediately to the employee's supervisor. 5. Defective equipment must be reported immediately to the supervisor. 6. Supervisors will conduct a safety inspection at least annually of significant operations and properties. 7. Employees will not operate equipment or use tools for which appropriate training has not been received. &. Material Safety Data Sheets (MSDS) will be made available to employees handling materials to which such MSDS pertain. 9. Proper trenching and excavation procedures will be followed by employees involved in such operations. Employee Handbook— September 1, 2013 33 10. Proper confined space entry procedures will be followed by employees involved in such operations. 11. Work zone protection will be utilized when work is performed on a public way. 12. Employees may be required to attend training and safety classes as directed by their supervisors. All Town employees operating or riding in Town owned or non -Town owned passenger vehicles, trucks and motorized equipment must use seat belts when the vehicle is in operation or being used in the performance of Town business. Non -employees riding in the vehicle must also use seat belts. Employees are encouraged to think about how to make their workplace safer for both themselves and their coworkers. Suggestions on improving safety at the Town are welcomed and should be directed to the employee's supervisor, Human Resources, or the Town Manager. Tobacco Poli In keeping with the Town of Firestone's intent to provide a safe and healthful work environment, employees and visitors are not permitted to use tobacco within the Town's facilities, vehicles, or within 15 feet of any entrance into a Town building. This includes all forms of tobacco and e- cigarettes. Employees may use tobacco in designated outdoor areas only during regularly scheduled breaks and lunch periods. The duration or number of breaks from work cannot be extended in order to use tobacco. Severe Weather Policy The Town will make every attempt to retain regular working hours during periods of severe weather. At times however, in the interest of employee safety, management may determine that Town operation be subject to an early closing, late start, or all day closure. Severe weather may include not just snow, but ice storms, severe thunderstorms, tornado warnings, etc. If severe weather occurs after work hours, the Town Manager, or Manager's designee, will make a decision prior to 7 a.m. At that point, if a change to the Town's normal opening hours will occur (either shortened hours or closing) employees will be notified by telephone and e-mail through Blackboard Connect. Severe Weather Pay Policy If the Town is closed, exempt (salaried) employees will receive their regular salary. Non-exempt (hourly) employees will receive payment for the hours they were regularly scheduled to work that day. Employees who have previously scheduled PTO for days when the Town is closed will have no change (in other words, it will still be a PTO day.) Employee Handbook— September 1, 2013 34 If Town Offices are open for regular business and an employee desires not to come into work, the employee will be required to use PTO (with supervisor approval) in order to take the day off. Essential employees who are required to report to work when Town offices are closed will be compensated at a rate of one and one half times their regular hourly rate for hours actually worked. This pay policy applies to employees who work within the 24 hour period when the Town offices are closed (i.e. 12:01 a.m. to 12:00 midnight). Supplemental Rules of Conduct Each Department may have unique circumstances that may require supplemental rules of conduct in order to ensure the efficient and orderly administration of the Department. All such supplemental rules shall be established in writing by the Department Head and shall not be inconsistent with these Personnel Policies (except with respect to specific matters affecting law enforcement officers) or any ordinances or other enactments of the Town Board. All such supplemental rules shall upon approval be acknowledged by and made available to Departmental employees, and copies thereof filed with the Town Manager, Town Clerk and Finance Department payroll office. Amendments to the Firestone Police Department Policies and Procedures Handbook shall also be filed with Human Resources and Finance. Teleworkina Upon advance written authorization from his or her direct supervisors, a Town employee may be allowed to telework on designated days or for designated hours in a day. For purposes of this section, "teleworking" means the performance of officially assigned duties at a location away from the employee's customary worksite such as from a home office, but does not include work performed at a temporary worksite for limited duration. Teleworking is not an employee right and is voluntary on the part of the employee and supervisor. Employees in positions involving tasks that are not suitable to be performed away from the customary worksite shall not be allowed to telework. Employees approved for teleworking must account for and report time in the same manner as if the employee reported for duty at the customary worksite. Use of Town Vehicles Town vehicles may be used only for Town -business purposes and in the manner authorized by the Town Manager and Town Board of Trustees. All vehicles shall be operated in accordance with all applicable traffic laws, including use of seat belts, except that the operation of police vehicles in emergency situations shall be governed by applicable statutes and the Firestone Police Handbook. Vehicle operators shall be responsible for the condition and proper use of their vehicles. Unauthorized or improper use of Town vehicles will not be tolerated. The Town reserves the right to review all employee driving records at least annually. Please see the Town's Global Drive for the full policy. Employee Handbook— September 1, 2013 35 Use of Computers The Town's computers and computer systems are managed by the Town. Access to the network and software programs are established by the Town, including set up and issuance of passwords. The following policies apply to all employees with computer access, including use of laptop computers: • The use of Town computers shall be for official Town business only. Limited personal use of computers on the employee's own time is permitted, provided this use is reasonable, does not disrupt the operation of the Town's network, does not include use of social media, does not interfere with Town business or employee productivity and does not involve any attributable additional costs to the Town. • Only properly licensed software approved by the Town can be placed on Town computers. Employees shall not copy any software on Town computers. Storage of non business -related files on Town systems, including individual computers and network servers, is not permitted. These files include music files, movie files, MP3 files, etc. • Employees using computers understand that all information, files, e-mail, etc. placed on the computer by the employee may be subject to disclosure under the Colorado Open Records Law and employees should not expect a right to privacy regarding information the employee places on Town computers. • Inter -office communications marked as confidential shall be treated as such and shall not be disseminated outside of the Town organization without authorization from the Town Manager or Department Head. • Employees are subject to the Town's policies on E-mail, a copy of which is included on the Town's Global Drive. Employees are not permitted to use Town computers to visit websites or send electronic mail that contain pornography, ethnic slurs, racial epithets, or anything that may be construed as harassment or disparagement of others based on their disability, race, religion, color, creed, national origin, ancestry, sex, sexual orientation, marital status, genetic information or age. The Town reserves the right to determine when an employee is sending excessive or improper electronic mail or is spending excessive personal time on the internet, and to take such corrective and/or disciplinary action as the Town deems appropriate. Electronic Devices All Town electronic devices (including landline telephones, cellular phones, smart phones, two- way radios, tablets, laptops, or other electronic devices provided for the purpose of communication and/or accessing information) are intended to be used for official Town business only, and their use is subject to administrative policies as promulgated by the Town Manager. The Town's current policies may be obtained from the Town Manager and the Finance Department. Certain employees of the Town may be provided with Town -owned electronic devices to be used for work related purposes for the performance of their jobs. Employees receiving such Town - Employee Handbook — September 1, 2013 36 owned devices are required to abide by the above -referenced administrative policies on their use, and may be required to sign an agreement respecting the device provided to them. Workplace Violence The Town has a zero tolerance policy with regard to workplace violence and does not tolerate harassment, intimidation, stalking, threats of violence, and violence within the work environment. A safe work environment is the responsibility of all employees, and employees are responsible for making their personal safety and the safety of others in the workplace a priority. Workplace violence is any conduct in the workplace that is meant to harm, cause fear in, or intimidate another, including but not limited to: (1) physical acts or physical threats against persons or their property, or Town property; (2) direct or veiled threats, profanity, or vicious or abusive statements; (3) written threats, profanity, vicious cartoons, notes, or other written or symbolic conduct; (4) stalking; or (5) except as otherwise permitted by law, possession of any weapon while on Town premises, or on Town business, other than by authorized law enforcement personnel and other than a lawful non -lethal personal defense weapon such as mace or pepper spray. Such conduct by Town employees is prohibited and may result in disciplinary action including termination of employment and, where appropriate, referral for prosecution by legal authorities. Any employee who experiences any of the foregoing should report the same promptly to a supervisor, Department Head, or Town Manager, as the employee chooses. Such conduct should be reported whether the conduct is by another Town employee, a spouse, civil or domestic partner, significant other, or other person with a present or former personal relationship to a Town employee, or a client, vendor, contractor, visitor, member of the public, or other person. The notification may be in the form chosen by the employee; the employee is urged to put the notification in writing. No employee shall be subjected to reprisal or retaliation for making such a notification. The employee should report immediately any incidents of reprisal, retaliation, or harassment, which occur as a result of making such a notification. Upon notification, an investigation will be undertaken promptly. Disciplinary, corrective or other appropriate follow-up action will be taken when determined to be warranted pursuant to the investigation. The employee who filed the notification will be apprised of the completion of the investigation. To the extent possible, complaints and investigations will be handled in a confidential manner. If it is determined that any employee's conduct violates the Town's workplace violence policy, the employee shall be subject to corrective and/or disciplinary action. That action may include verbal or written reprimand, suspension, or discharge as justified based on the findings of the investigation. Employee Handbook— September 1, 2013 37 Any employee with a restraining order that applies on Town premises shall promptly provide the Department Head with a copy of the same. Any conduct that requires immediate attention by security or law enforcement should be reported to the police. Employee Handbook— September 1, 2013 38 Drugs And Alcohol Drug -Free Workplace Act Of 1988 The following policy is adopted pursuant to the Drug Free Workplace Act of 1988, 41 U.S.C. §702. The Town of Firestone is a drug free workplace as required by the Drug Free Workplace Act. It is both the Town's and each employee's responsibility to maintain such an environment. The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace. An employee's violation of this prohibition, or any other drug abuse violation, may result in disciplinary action up to and including discharge. The Town will provide such educational information to employees on the dangers of drug abuse in the work place as the Board and/or each supervisor or Department Head determine appropriate. As required by the Drug -Free Workplace Act, each employee engaged in the performance of any federal grant, as a condition of employment must: • Abide by the terms of this policy; and • Notify the Town in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. Upon notification of any such conviction, the Town will take action in compliance with the Drug -Free Workplace Act and Regulations. Controlled Substance And Alcohol - Testing The Town is committed to a safe, healthy, and productive work environment for all employees, free from the effects of illegal or non -prescribed drugs and alcoholic beverages. Use of drugs and alcohol alters employee judgment resulting in increased safety risks, employee injuries, and faulty decision -making. Therefore, the possession, use, sale of controlled substances or alcohol on Town premises or during Town time is strictly prohibited. Furthermore, working after the use of alcohol, a controlled substance or abuse of any other substance is prohibited. Testing is an important element in the Town's efforts to ensure a safe and productive work environment. The Town has issued a separate statement for this testing program, which is available on the Town's Global Drive. If you have specific questions on the Town's policy, please refer to Human Resources, your supervisor or the Town Manager. Employee Handbook — September 1, 2013 39 Discipline/Problem Resolution/Appeal Process Discipline Occasionally performance or other behavior falls short of Town standards and/or expectations. When this occurs., management takes action, which, in its opinion, seems appropriate. Disciplinary actions can range from an informal discussion with the employee about the matter to immediate discharge. Action taken by management in an individual case does not establish a precedent in other circumstances. Problem Resolution If you have a problem concerning a work -related matter, discuss it frankly with your supervisor. Normally, this discussion should occur within three to five days of the incident, or in a timely basis. Discussions held in a timely manner, while the incident is fresh in everyone's mind, will enhance everyone's ability to discuss, review and resolve concerns. Your supervisor is an important person to you and your success on your job. If you are not satisfied after discussing the problem with the supervisor, or if it is inappropriate to go to the supervisor, an "open door" guideline exists. You may take your problem to Human Resources and/or to higher levels of management. Should you desire further resolution, speak to the Town Manager who will make the final determination. Termination When, in the Town's determination, performance issues or violation of standards of conduct warrant it, the Town may terminate an employee. Terminations are subject to review by the Human Resources Department Head and approval of the Department Head. Employees will be provided with a notice of intent to terminate, including the reasons for the proposed termination. A hearing will be held with the employee's Department Head and a representative from Human Resources prior to imposing any proposed termination. At the hearing, an employee will have the opportunity to respond to the information contained in the notice of intent to terminate. Employees may be placed on administrative leave until a formal hearing can be held. The hearing date will be established, in writing, by the Department Head. After the hearing, the Department Head will issue a written determination. The Department Head may deny the termination, affirm the termination or modify the discipline to be imposed, based on the Department Head's review and determination. Only full-time and part-time employees may appeal termination. If no appeal is filed, the decision of the Department Head is final and shall be considered to be the final decision of the Town as of the decision date. Employee Handbook— September 1, 2013 40 Appeal Procedures Employees may appeal a determination by the Town to suspend without pay, involuntarily demote, or terminate an employee. Any appeal must follow the procedure outlined below. In computing any period of time described in this section, if the last day of the period falls on Saturday, Sunday, or Town holiday, then the period runs until the next day that is not a Saturday, Sunday, or Town holiday. Any appeal by an employee of a suspension without pay, involuntary demotion or termination shall be filed in writing by the employee within five calendar days of the date of the notification of the suspension without pay, involuntary demotion, or termination. Written appeals shall state the grounds for the appeal, shall refer to the provision or provisions of the Town policy, practice, procedure, rule or regulation alleged to have been violated, and shall set forth the facts pertaining to the appeal. Appeals shall be addressed to the Town Manager. The Town Manager will have ten calendar days to schedule a hearing on the appeal and notify the employee of the date of the hearing. The Town Manager may appoint another individual to serve as the hearing officer for the hearing. At the hearing the parties may present documents or other evidence and may ask questions of witnesses who are permitted to speak at the hearing. The hearing shall not be subject to the rules of evidence governing judicial proceedings, and the Town Manager or hearing officer shall determine all objections and other matters raised concerning the conduct of the hearing and presentation of evidence. The Town Manager or hearing officer shall determine whether proposed witnesses, if any, shall be permitted to speak, and may question witnesses. The Town Manager or hearing officer shall have ten days from the conclusion of the hearing to render a written decision containing findings of facts, conclusions and a decision on the discipline. Such decision shall be final and no further appeal shall be permitted except as provided in Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The filing of an appeal under this Policy shall stay the imposition of any proposed disciplinary action pending the outcome of the appeal conducted pursuant to this section; provided, however, that this section shall not be deemed to prohibit the placement of an employee on paid or unpaid administrative leave pending such appeal. Employee Handbook — September 1, 2013 41 Separation From Employment Resignation Resignation is a voluntary act of separation from employment initiated by the employee. Employees are requested to give their supervisor at least 10 working days prior notice of resignation. An employee who, without authorization, fails to report for work for three consecutive working days shall be terminated from employment as of the end of the third consecutive day. The Department Head shall provide written notice to the employee that the resignation has been accepted and that the position has been declared vacant. Employees who choose to separate are entitled to compensation for earned PTO leave, up to a specified maximum as follows: First Year of Service 40 hours Years 2 — 4 120 hours Years 5 — 9 160 hours Years 10+ 240 hours Retirement Employee retirement benefits are governed by provisions of the Town's pension plans. The Police Pension Plan provisions apply to all sworn police officers of the Town. Employees who choose to retire are entitled to compensation for all accrued PTO leave, and/or compensatory time. Employees who retire must complete pension withdrawal forms as dictated by the provisions of the Town's pension plans in order to ensure their funds are disbursed according to their desires. Additional information regarding withdrawal of pension funds is available from the Finance Department payroll office. Employee Handbook — September 1, 2013 42 ACKNOWLEDGEMENT OF RECEIPT I HAVE RECEIVED A COPY OF THE TOWN OF FIRESTONE EMPLOYEE HANDBOOK DATED EFFECTIVE SEPTEMBER 1, 2013. I UNDERSTAND THAT I AM TO BECOME FAMILIAR WITH ITS CONTENTS. FURTHER, I UNDERSTAND: •I• EMPLOYMENT WITH THE TOWN OF FIRESTONE IS AT -WILL. I HAVE THE RIGHT TO END MY WORK RELATIONSHIP WITH THE TOWN, WITH OR WITHOUT ADVANCE NOTICE FOR ANY REASON. THE TOWN HAS THE SAME RIGHT. 4P THE LANGUAGE USED IN THIS HANDBOOK AND ANY VERBAL STATEMENTS OF MANAGEMENT ARE NOT INTENDED TO CONSTITUTE A CONTRACT OF EMPLOYMENT, EITHER EXPRESS OR IMPLIED, NOR ARE THEY A GUARANTEE OF EMPLOYMENT FOR A SPECIFIC DURATION. ❖ THE HANDBOOK IS NOT ALL INCLUSIVE, BUT IS INTENDED TO PROVIDE ME WITH A SUMMARY OF SOME OF THE TOWN'S GUIDELINES. ❖ THIS EDITION REPLACES ALL PREVIOUSLY ISSUED HANDBOOKS. THE NEED MAY ARISE TO CHANGE THE GUIDELINES DESCRIBED IN THE HANDBOOK, EXCEPT FOR THE AT -WILL NATURE OF EMPLOYMENT. THE TOWN THEREFORE RESERVES THE RIGHT TO INTERPRET THEM OR TO CHANGE THEM WITHOUT PRIOR NOTICE. NO REPRESENTATIVE OF TOWN, OTHER THAN THE TOWN MANAGER, HAS THE AUTHORITY TO ENTER INTO AN AGREEMENT OF EMPLOYMENT FOR ANY SPECIFIED PERIOD AND SUCH AGREEMENT MUST BE IN WRITING, APPROVED BY THE BOARD, AND SIGNED BY THE TOWN MANAGER AND MYSELF. WE HAVE NOT ENTERED INTO SUCH AN AGREEMENT. Employee Signature Date Employee Printed Name RESOLUTION NO. �1 A RESOLUTION APPROVING A MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT FOR CONDUCT OF COORDINATED ELECTIONS BY AND BETWEEN THE TOWN OF FIRESTONE, THE WELD COUNTY CLERK AND RECORDER AND THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY WHEREAS, the Weld County Clerk and Recorder will conduct a general election on November 5, 2013, as a coordinated mail ballot election pursuant to the Uniform Election Code and, in particular, C.R.S. Section 1-7-116; and WHEREAS, the Board of Trustees previously called a special municipal election for November 5, 2013, to be conducted as a coordinated mail ballot election pursuant to state law; and WHEREAS, the attached Memorandum of Intergovernmental Agreement for Conduct of General Elections provides for the conduct and financing of such election. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections ("Intergovernmental Agreement"), a copy of which is attached hereto and incorporated herein by this reference, is hereby approved. Section 2. Pursuant to C.R.S. Section 31-10-102.7, the Town will utilize the requirements and procedures of the Uniform Election Code of 1992, Articles I to 13 of Title 1, C.R.S., as amended, in lieu of the Colorado Municipal Code of 1965, Article 10 of Title 31, C.R.S., as amended. The Town Clerk is hereby appointed as the designated election official of the Town for purposes of performing acts required or permitted by law in connection with the election and in accordance with the terms of the Intergovernmental Agreement. Section 3. The Mayor and Town Clerk are hereby authorized to execute the Intergovernmental Agreement on behalf of the Town of Firestone, except that such persons are hereby further authorized to negotiate and approve such revisions to the Intergovernmental Agreement as are determined necessary or desirable for the protection of the Town, so long as the.essential terms and conditions of the Intergovernmental Agreement are not altered. INTRODUCED, READ AND ADOPTED this day of , 2013. ATTEST: TOWN m SEAL 1 o Carissa edina, Town Clerk TOWN OF FIRESTONE, COLORADO C L) At�' Chad Auer, Mayor Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections TOWN OF FIRESTONE, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of 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 5, 2013, Coordinated Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor 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 mail ballot on November 5, 2013; and WHEREAS, the Jurisdiction agrees to conduct a Coordinated Election with the County Clerk acting as the Coordinated Election official; and WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7- 116(1), C.R.S., and is to perform certain election services in consideration of performances by the Jurisdiction of the obligations herein below set forth; and WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 5, 2013, Coordinated Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of §§ 31-11-101 through 31-11-118 and 22-30-104(4), C.R.S. b. To do all tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: issue approval as to form, where appropriate, of nominating petition; determine candidate 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 forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, and §§ 1-4-501, 22-31-103, and 22-31- 107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S. C. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of 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 no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. 1 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address and hours of operation for application, pick-up, or return of mail ballots as set forth in 4(d) of this Agreement. e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 45 h day before the election. Preparation of summaries of written comments shall be done by the Jurisdiction but only to the extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot issue notices must be transmitted to and received by the County Clerk no later than 42 days prior to the election pursuant to § 1-7-904, C.R.S. No portion of this Subsection 3(e) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. Collect, prepare, and submit all information required to give notice pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 42 days prior to the election to give the County Clerk sufficient time to circulate the information to voters. Special Districts shall be solely responsible for circulating the notice required to property owners that reside outside of the special district pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. g. Accept affidavits of intent to accept write-in candidacy up until close of business on September 3, 2013, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(2), C.R.S. h. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of November 5, 2013, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. If the Jurisdiction cancels the election before its Section 20, Article X, the Taxpayer's Bill of Rights, 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 under this Paragraph (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1- 10.5-107, 1-10.5-104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity conducting the recount. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. By approval of this Agreement, the Jurisdiction thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. k. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the Jurisdiction is located. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. m. Jurisdictions that are special districts shall notify property owners within the district in writing of the relationship between the district and the County Clerk with regards to the November 5, 2013, Coordinated Election. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 29, 2013, if such person intends to vote. Such notification should be directed to Rudy Santos, Weld County Election Manager. n. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Rudy Santos, the Weld County Election Manager (see contact information in 5(g)), of any changes to the information contained in said list. 4. The County Clerk Agrees to perform the following tasks and activities: a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated Election Official for the conduct of the election for the Jurisdiction for all matters in the Code which require action by the Coordinated Election Official, including but not limited to, mail to each active registered elector, a mail ballot packet pursuant to C.R.S. §1-7.5-107(3)(a). b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article X, Section 20. However, in the case of Special Districts, the County Clerk shall circulate the Taxpayer's Bill of Rights notice to only those active eligible electors residing within the Special District. Special Districts shall be solely responsible for circulating Taxpayer's Bill of Rights notice required to property owners that reside outside of the Special District. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S. d. Provide 3 locations for voters to apply for, and obtain mail -in ballots: 1. The Weld County Election Office, 1401 N. 17th Avenue, Greeley, CO 2. The Southwest Weld Office (Del Camino), 4209 County Road 24 1/, Longmont, CO 3 The Southeast Weld Office (Fort Lupton), 2950 9th St, Fort Lupton, CO October 28, 2013 — November 4, 2013 — 8:00 a.m. — 5:00 p.m. — Except Sunday Election Day, November 5, 2013 — 7:00 a.m. — 7:00 p.m. e. Provide five Drop Off Sites — November 1, 2013 — November 4, 2013 - 8:00 a.m. to 5:00 p.m. — Except Sunday Election Day, November 5, 2013 — 7:00 a.m. — 7:00 p.m. Gro er Fire Hall, 319 Chatoga Avenue, Grover, CO 3 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections 2. Erie Community Center, 450 Powers Street, Erie, CO 3. Briggsdale RE 10 , 515 Leslie, Briggsdaie, CO 4. Prairie High School 42315 Weld County Rd 133, New Raymer, CO 5. Windsor Community Rec Center, 250 11th St, Windsor, CO Notwithstanding the foregoing, the County Clerk shall provide the number of voting and polling centers and drop-off locations as required by C.R.S. §1-5-102.9. f. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration; identify the members of the Board of Canvassers eligible for receiving a fee; and bill the Jurisdiction for the fees. g. Designate Rudy Santos, Weld County Election Manager, to act as a primary liaison or contact between the County Clerk and the Jurisdiction (see contact information in 5(g))• h. The County Clerk shall 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. i. Select and appoint a Board of Canvassers 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 Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make such appointments, and shall notify the County Clerk in writing of such appointments not later than 15 days prior to the election. The County Clerk shall receive and canvass all votes, and shall certify the results in the time and manner provided and required by the Code. The County Clerk shall perform all recounts required by the Code. Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and subject to the separate express approval by the Board of County Commissioners. 5. Additional Provisions a. Time of the Essence. Time is of the essence in this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Liquidated Damages. In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damage, not as a penalty, refund all payments made, pursuant to 3(h) of this Agreement and shall, if 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 Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. e. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections g. Notice provided for in this Agreement shall be given by the Jurisdiction to Rudy Santos of the Weld County Clerk and Recorders Office by phone: Phone: (970) 304-6525, Extension 3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: rsantos(&-co.weld.co.us Address: PO Box 459, Greeley, CO 80632 Notice pro ided for in this Agreement shall be gi en to the urisdiction election officer referred to in 3(i) of this Agreement by phone: Designated Election Official for Jurisdiction: CARISSA MEDINA Phone: 303-531-6264 Additional Contact Information: Fax: 303-833-4863 E-mail: cmedina@ci.firestone.co.us Address: Firestone Town Hall, 151 Grant Ave., Firestone, CO 80520 DATED this day of 2013. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Steve Moreno, Clerk and Recorder Bill Garcia, Chair APPROVED AS TO FORM: ATTEST: Clerk to the Board of County Commissioners County Attorney Deputy Clerk to the Board TOWN OF FIRESTONE APPROVED AS TO FORM: TOWN OF FIRESTONE: Attorney for Jurisdiction (signature) Chad Auer, Mayor (signature) ATTEST: Town Clerk 6of6 RESOLUTION NO. 13- 4Z A RESOLUTION APPROVING AN AMENDMENT TO THE FINAL DEVELOPMENT PLAN FOR THE SADDLEBACK HEIGHTS SUBDIVISION WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a proposed Final Development Plan —Amendment No. 1 for the Saddleback Heights Subdivision, which amendment would replace the building elevations set forth in the original recorded final development plan; and WHEREAS, all materials related to the proposed final development plan amendment 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 development plan amendment, 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 amendment, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds the proposed final development plan amendment should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section L The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the proposed Final Development Plan —Amendment No. 1 for a portion of the Saddleback Heights subdivision, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this 28th day of August, 2013. 7pN� C iTOWN "� (� s Chad Auer ATTEST: m i SEMI, 1100 Mayor l.O�y dO �A Imo/' • GO arissa Medina V' T Town Clerk EXHIBIT A Final Development Plan —Amendment No. 1 Saddleback Heights Conditions of Approval 1. Revise the Legal Description in accordance with the memorandum from the Town Engineer dated August 14, 2013. 2. Revise the FDP map sheets to reflect this amendment is only replacing the building elevations for the lots set forth in the Legal Description, and that all other requirements and intent of the original FDP shall control. 3. Revise the FDP map sheets and other submittal documents to address other comments and redlines from the Town Engineer. 4. Execute an amendment and assignment of the subdivision agreement, in form as approved by the Town Attorney. 5. Revise the FDP to require that for exterior Lots 25, 26 and 32-38, the elevations must consist of either three separate garage doors or two separate garage doors, one of which is a double -wide door and one of which is a single -wide door. W2212013 10:30 AM [kmk] S:WimstonelSubdivisions%SaddlebackHeights Amend 1.TB res.doc RESOLUTION NO. 13-43 A RESOLUTION CONCERNING THE USE OF REVENUES FROM THE ONE PERCENT SALES TAX INCREASE REFERRED TO THE REGISTERED ELECTORS AT THE SPECIAL ELECTION TO BE HELD NOVEMBER 5, 2013 WHEREAS, by the adoption of Resolution No_ 13-39 and Ordinance No. 830, the Board of Trustees has called a special election to be held November 5, 2013 and has referred to the registered electors of the Town TABOR ballot issues proposing a sales tax increase of one percent commencing January 1, 2014 and proposing the authorization of debt to fund parks and streets projects; and WHEREAS, the Board of Trustees desires by this Resolution to further state its intent with respect to use of funds from the sales tax, while recognizing that final decisions regarding the use of revenues from the tax and use of debt authorization, if approved by the voters, will be made through the Town's capital improvement planning and annual budgeting processes; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. As stated in the ballot titles therefor, if Ballot Issue 2A is approved by the registered electors of the Town at the November 5, 2013 special election, all or any portion of the net proceeds of the Town sales tax shall be collected, retained and spent to finance the acquisition, development, construction, repair, replacement, expansion, rehabilitation and renovation of existing and planned streets and parks. Section 2. Recognizing that Ballot Issue 2A will, if approved, generate revenues to assist the funding of several categories of capital improvement projects within the Town, the Board of Trustees states it is the Board's present intent that revenues from the one percent sales tax provide a funding source for the following capital improvements: • Widening of Firestone Boulevard • Reconstruction of Colorado Boulevard • Reconstruction of Historic Firestone Streets • Improvements to McClure Avenue and Locust Street • Construction of Sable Avenue Sidewalks The capital improvements projects within the above list are as further described in the Town of Firestone five-year capital improvement plan, as adopted and amended from time to time. Section 3. As stated in the ballot title therefor, if Ballot Issues 2A and 2B are approved by the registered electors, any portion of the net proceeds of the one percent sales tax not deposited to the Sales Tax Capital Improvement Fund for debt service shall be collected, retained and spent for operating or maintaining any existing or planned parks and streets including without limitation, ongoing operations and maintenance of streets and parks in Firestone to extend their useful life and, in the case of streets, to improve driver and pedestrian safety. Section 4. The list of projects in Section 2, above, is not an exclusive list, nor does this list or resolution imply any order of priority for completion of projects or any guarantee of funding. Rather, the Board intends that all decisions regarding the use of revenues from the tax will be made by the current and succeeding Boards of Trustees through the Town's capital improvement planning and annual budgeting processes. Nothing herein constitutes an appropriation of funds. READ, PASSED AND ADOPTED this 281h day of August, 2013. ATTEST: EST0,V ,"'TOWN* rn i SEAL10 �°rY;' coo J�� )SwIl's-sa Medina, Town Clerk TOWN OF FIRESTONE, COLORADO C u L Chad Auer, Mayor RESOLUTION NO. J�- 4 A RESOLUTION SETTING FORTH TOWN POLICIES CONCERNING NEW OR EXPANDED CROSSINGS OF FIRESTONE PUBLIC TRAILS WHEREAS, the Town of Firestone owns a network of regional, community and neighborhood trails serving Firestone residents and the public, including the Firestone Trail which is a central point of connection for the Town's public trail system; and WHEREAS, the Board of Trustees finds that in order to further public safety, maintain the functionality of the Town's public trails, minimize or mitigate impacts to Town facilities, and manage other impacts to the Town's public trail system, it is appropriate and in the best interests of the Town and its citizens to adopt administrative policies concerning new or expanded crossings of Firestone public trails; and WHEREAS, the Firestone Parks, Trails and Recreation Advisory Board has developed, with citizen input, recommended policies for new or expanded crossings of Firestone public trails; . NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The following sets forth Town policies with respect to its administrative review of requests for new or expanded crossings of Firestone public trails. Specifically, all requests for new crossings or expansion of existing crossings across the Firestone Trail or other Firestone public trails shall be consistent with the following: 1. Vehicular crossings of public trails need to be minimized to the extent possible; 2. If deemed necessary by the Board of Trustees, crossings and access drives to an improved trail crossing area need to be paved with concrete or milled asphalt at the expense of the entity requesting the crossing; 3. Vehicular crossings that are not full public or private street crossings (i.e. at grade crossings without curb and gutter "at -grade crossings") should have a low number of average daily trips as determined by the Board of Trustees; 4. Traffic control signage for at -grade crossings should be installed on both the vehicular access across the trail and the trail itself in all directions at the expense of the entity requesting the crossing; 5. The entity requesting the crossing should be responsible for all maintenance of the crossing and removal of snow, dirt and other debris; G. The • entity requesting the crossing should be financially responsible for any necessary repairs made to the public trail as a result of the crossing; and 1 7. Any agreement to allow vehicular crossing across a Firestone public trail shall be in the form acceptable to the Town Attorney, and any such agreement may be revoked if the terms of the agreement are not adhered to. Section 2. Nothing in this resolution requires the granting of any license, easement or other permission to cross or otherwise use Town property. Nor shall this resolution be deemed to limit the Town's authority regarding the use of Town property. Section 3. The Board of Trustees for any specific request may waive compliance with one or more policies set forth in this resolution where the Board finds that application of such policy would be legally invalid under the facts presented. INTRODUCED, READ, and ADOPTED this E:�-day of , 2013. 20P�,F Tpti roW SEAT,o o �Q ATTEST: zz..Go O ssa Medina, Town Clerk TOWN OF FIRESTONE, COLORADO C-Lj L -- — Chad Auer, Mayor 2 RES OLUTION NO: 1. 3 4 S A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE EXTENDING A DECLARATION OF DISASTER EMERGENCY FOR THE TOWN OF FIRESTONE WHEREAS, the Town of Firestone (the "Town") suffered serious damage to homes, businesses, public facilities, and public infrastructures, including but not limited to, roads and utilities owned by or serving the Town, as a result of heavy rains and flooding occurring throughout Weld County and in the Town from September 9 to September 15, 2013; and WHEREAS, as a result of such storm damage, businesses, schools, and other institutions in the Town have been closed; and WHEREAS, pursuant to his authority in the Colorado Disaster Emergency Act at C.R.S. § 24-33.5-709, Town Manager Wesley LaVanchy declared a local disaster emergency on . September 12, 2013; and WHEREAS, pursuant to C.R.S. § 24-33.5-709, said disaster declaration shall not be continued or renewed for a period in excess of seven days except by or with the consent of the Board of Trustees of the Town; and WHEREAS, the Board of Trustees finds that the conditions in the Town make it necessary to extend the declaration of disaster emergency until rescinded by order of the Town Manager or resolution of the Board of Trustees upon a determination that the local disaster or emergency conditions no longer exist. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1. That a state of local disaster emergency is in effect in the incorporated areas of the Town of Firestone, Colorado. This declaration of local disaster emergency shall be in effect until rescinded by order of the Town Manager or by resolution of the Board of Trustees upon a determination that the local disaster or emergency conditions no longer exist. 2. That the Board of Trustees requests the Governor of the State of Colorado do whatever is necessary to seek Federal funds for disaster emergency relief for the Town of Firestone and its citizens and to derive funds from the State of Colorado for emergency disaster relief, which may be in excess of TABOR limitations. 3. The Mayor or Town Manager are hereby authorized to sign any and all documents for the purpose of defining and communicating the existence of said disaster emergency. 1 INTRODUCED, READ, and ADOPTED this 18th day of September, 2013. mm• RESOLUTION NO. ($ ' 4V A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE TERMINATING THE DECLARATION OF DISASTER EMERGENCY FOR THE TOWN OF FIRESTONE WHEREAS, pursuant to his authority in the Colorado Disaster Emergency Act at C.R.S. § 24-33.5-709, Town Manager Wesley LaVanchy declared a local disaster emergency on September 12, 2013 in response to heavy rains and flooding occurring throughout Weld County and in the Town from September 9 to September 15, 2013; and WHEREAS, on September 18, 2013, the Board of Trustees adopted a resolution extending the declaration of disaster emergency; and WHEREAS, the Board of Trustees finds that the local disaster emergency conditions no longer exist and that the declaration of local disaster emergency should be terminated. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1. That the declaration of local disaster emergency for the Town of Firestone, Colorado issued by the Town Manager on September 12, 2013 and extended by the Board of Trustees on September 18, 2013 is hereby terminated. 2. A copy of this resolution shall be filed promptly with the Town Clerk, the County Clerk and Recorder, and the Colorado Division of Emergency Management. INTRODUCED, READ, and ADOPTED this 9th day of October, 2013. �4�.�.sroyF '��G1AIN r SEAL} O G a !�� ATTEST: ��'' ...... •���� W5. el]<'-ryG Jr's QM�e , Town Clerk OWNOFF COLORDTNO Chad Auer, Mayor RESOLUTION NO. 13 - Z4 + A RESOLUTION PRESCRIBING THE PAYMENT RATE FOR PAYMENTS OF CASH -IN - LIEU OF WATER RIGHTS DEDICATIONS TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town operates a municipal water system and requires the dedication of water rights in connection with the annexation, subdivision and development of, and water service to, properties within the Town; and WHEREAS, pursuant to Sections 1.08.050 and 13.08.010 of the Firestone Municipal Code, the Town requires that seventy-five percent (75%) of the water dedication requirement be met by dedication of water and that twenty-five percent (25%) of the dedication requirement be met by payment of cash -in -lieu of dedication; and WHEREAS, Sections 1.08.050 and 13.08.010 provide that the rate for payments of cash - in -lieu of water rights shall be as determined by the Board of Trustees from time to time by resolution, which rate shall be equivalent to one hundred and ten percent (110%) of the then -current purchase price of acre-foot units of Colorado Big Thompson ("CBT") water; and WHEREAS, the Board of Trustees previously approved a resolution setting the payment rate at $14,500.00 per acre-foot units of CBT water; and WHEREAS, based on current information regarding the average purchase price for shares. of CBT water, the Board of Trustees desires to set a new cash -in -lieu payment rate; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF T14E TOWN OF FIRESTONE, COLORADO: Section 1. Effective upon the adoption of this resolution, the payment rate for payments of cash -in -lieu of water rights dedications shall be $18,500.00 per acre-foot unit of Colorado Big Thompson ("CBT") water. Said rate shall remain in effect until revised by subsequent resolution of the Board of Trustees. Section 2. The charges set by this resolution shall supersede and replace any charges previously set or adopted by the Board of Trustees for the same purpose. Section 3. All other resolutions or portions thereof inconsistent or conflicting with this resolution or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. PASSED AND ADOPTED THIS DAY OF 0 CAW , 2013. TOWN OF FIRESTONE. COLORADO FARES TO � r°WN m s�� 1 p had Auer, Mayor .� ATTEST: UNrY, Gov C a Medina, Town Clerk R RESOLUTION NO. 13-4 ?) A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR FIRST CHOICE EMERGENCY ROOM —FIRESTONE 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 First Choice Emergency room —Firestone ; 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 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 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 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 should be approved, subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone does hereby approve the proposed final development plan for First Choice Emergency Room —Firestone, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. INTRODUCED, READ AND ADOPTED this 23rd day of October, 2013. (ok 0TowNSEAL }oATTEST: Ty G �O Carissa Medina Town Clerk TOWN OF FIRESTONE, COLORADO CLJ Chad Auer Mayor 1 EXHIBIT A Final Development Plan Conditions of Approval First Choice Emergency Room —Firestone General 1. Provide an updated title commitment, dated no later than one month prior to recording of final documents. Final Development Plan (FDP) 2. Revise the first line of the title block to read "Final Development Plan" (instead of "Final Development Plans"), and add the title block to every FDP sheet. This correction also needs to be made in the title the applicant has placed on the side of each sheet. 3. On Sheet 1, revise "Projection Location Map" to read "Vicinity Map." 4. In the notary block, revise "Owner" to read " (insert title) of Mutual of Omaha Loan Pro, LLC." 5. On the Site Plan shown on Sheet 3 and throughout, remove all references to "proposed." 6. On Sheets 1-15, revise the Firestone Information Block to include the original preparation date "May 2013", the revision date of August 2, 2013 and the revision date of "September 2013". Note a new revision date in the Firestone Information Block for each submittal to the Town. 7. On Sheet 1, Parking, resolve the conflict regarding the total number of parking spaces to be provided with the "Parking Summary" on Sheet #3 and as shown in illustrations on Sheet #'s 3, 4, 5, 6, & 9. 8. On Sheet 1, revise the last sentence of the Water Demand Calculation section to read "A total of 5 shares shall be transferred to the Town or cash in -lieu payment made prior to issuance of any certificate of occupancy." 9. On Sheet 3, resolve conflicts between the outer boundary Lot bearings on the south side and distance on the east side and the recorded Lot 5, Block 2 boundary from the Firestone Center Final Plat. If the outer boundary bearings and distances differ from the recorded final plat, both must be shown with (measured) after the surveyor data and (record) after the plat data. Both the recorded monuments and found pins must be shown and labeled. 10. On Sheet 6, call out the 2" water meter size and revise the calls out for the fire line connection to the existing 8" water line to "6x8" tapping saddle". 2 11. On Sheet 9, revise the plans to correctly show how the proposed water service and fire lines tie into the building (there is a conflict with what is shown on the Sheet 6, Utility Plan). Label Tract D. 12. Include an Irrigation Plan in the FDP. 13. Remove any building lights on the sides of the building that face the Mt. Shadows residential development. 14. Adjust formatting of text to be consistent in margins, etc. 15. Provide details for the trash enclosure, which shall be consistent with the materials and architectural style and color used for the principal building. Final approval of the details shall be by the Town Planner. 16. Provide details for mechanical equipment and screening. 17. On Sheet 13, Signage Detail - 4's Q, R, S, note the actual color for the Monument and Directional Signage base details ("TBD" is not acceptable). 18. Resolve conflicts with the window tinting illustrations. (Sheets 11 & 12 show blue and grey tinted windows, while Sheet 13 shows clear and blue tinted windows.) 19. Resolve conflicts regarding building colors. (Sheets 11 & 12 building colors and stone are inconsistent with building illustrations shown on Sheet 13.) 20. Address comments from the Town Engineer's redline plans. Miscellaneous 21. The applicant needs to make independent submittals to the St. Wain Sanitation District and the Frederick- Firestone Fire Protection District. 22. Execute easement deed prepared by the Town for the potable water service and meter. 10/18/2013 1:41 PM [kmk] SAFiresionOSubdivisionsTirst Choice ER FDP TB res.duc 3 RESOLUTION NO. 13.41 A RESOLUTION APPROVING A RENTAL, LICENSE AND SERVICE AGREEMENT WITH ELECTION SYSTEMS & SOFTWARE, LLC WHEREAS, the Town of Firestone desires to rent, license and receive certain election equipment and related software and services for the purpose of conducting its regular municipal election to be held on April 1, 2014; and WHEREAS, a rental, license and service agreement for such equipment, software, and related services has been proposed between the Town and Election Systems & Software, LLC; and WHEREAS, the Board of Trustees has determined that the proposed agreement is in the best interests of the Town and its citizens and desires to enter into such agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Rental, License, and Service Agreement between the Town of Firestone and Election Systems & Software, LLC ("Agreement") is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2. The Mayor is hereby authorized to execute the Agreement, except that the Mayor is hereby further granted the authority to negotiate and 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. INTRODUCED, READ AND ADOPTED this 13th day of November, 2013. (0i RESot, SEA, 10 ATTEST: . GO� CaW sa Medina, Town Clerk TOWN OF FIRESTONE, COLORADO I )SSOZOL-�� Ghftd -A+i", Mayor Pro • �cm V-aat Sov-thsvn ELECTION SYSTEMS & SOFTWARE, LLC ONE-TIME RENTAL OF EQUIPMENT, SALE OF SERVICES AND LICENSE OF SOFTWARE This Agreement is made as of the date it is executed by the last of the parties named below on the signature page (the "Effective Date"), BETWEEN: Election Systems & Software, LLC, a Delaware Limited Liability Company ("ES&S") AND: Town of Firestone, Colorado ("Customer"). RECITALS: A. Customer has agreed to rent, license and purchase, as applicable, voter tabulation equipment and related software and services from ES&S for use in the Town of Firestone, Colorado (the "Jurisdiction"). The terms and conditions under which the equipment, software and services shall be provided are set forth in the GENERAL TERMS attached hereto and incorporated herein by reference. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiencyof which is hereby acknowledged, each of the parties hereto: Agrees to the GENERAL TERMS and the terms and conditions set forth in the Agreement and Amendments Agrees that at all times, this Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Represents and warrants to the other party that as of its signature date indicated below it has full power and authority to enter into and perform this Agreement, and that the person signing below on its behalf has been properly authorized to execute this Agreement Acknowledges that it has read this Agreement, understands it and intends to be bound by it. ELECTION SYSTEMS & SOFTWARE, LLC 11208 John Galt Blvd. Omaha, NE 68137 Fax No.: (402) 970-1291 Signature Name (Printed or Typed) Date TOWN OF FIRESTONE, COLORADO P.O. Box 100 — 151 Grant Avenue Firestone, CO 80521 Fax No.: NIA Signature Name (Printed or Typed) Title Date RENTAL OF EQUIPMENT, SALE OF SERVICES AND LICENSE OF SOFTWARE GENERAL TERMS 1. Description of Rental Equipment, Software and Services. The following constitutes all Rental Equipment, Software and Services to be provided by ES&S to Customer under this Agreement: QUANTITY RENTAL EQUIPMENT DESCRIPTION UNIT PRICE PRICE Covered Election: April 1, 2014 ES&S Equipment: (Refurbished) Model 100 Precinct Scanner with Steel Ballot Box, with $760.00 $2,280.00 3 Diverter, PCMCIA Card, and Roundtrip Shipping and Handling (Refurbished) Model 100 Precinct Scanner with PCMCIA Card, and $670 00 $670.00 1 Roundtrip Shipping and Handling 1 (Refurbished) Omni Drive $75.00 $75.00 3 PCMCIA Cards (Additional) $10.00 $30.00 4 Paper Rolls $1.75 $7.00 15 Seals $0.35 $5.25 raaLa aonware: 1 Results Accumulation Device $100.00 $100.00 1 ERM Report Printer $500.00 $500.00 ES&S Services: 1 Project Management Day $1,575.00 $1,575.00 1 Election Day On -Site Support Event $4,125.00 $4,125.00 Estimated Ballot Layout and Coding Includes: English and Spanish Languages Election Day Definition Burned to Media Coding Elements Up To The Fallowing Quantities: 1 1 — Ballot Type $672.00 2 — Precincts 5 — Contests and/or Issues 15 — Candidates and/or Responses 2 — Propositions/Amendments or Instructions 2 — Ballot Faces Total Tabulation Rental Equipment and Services: $10,039.25 . ...... s �;� ..: Vote Remote Printing and Scanning Services: Artwork: 3 New Custom Artwork (Hourly Rate) $150.00 $450.00 Envelopes: Standard Envelopes: 10,000 Outgoing STD White Env 5.875" x 9.5" $0.11 $1,100.00 10,000 Security Envelopes/Sleeve standard size (each) $0.20 $2,000.00 Pull Tab or Half Flap Bidden Signature Envelope (replaces standard reply) 10,000 Reply Pull Tab Env 5.875" x 9", color paper $0.42 $4,200.00 0 Reply Half Flap Env 5.875" x 9" $0.49 $0.00 Ballots: 2 1 Set -Up Fee $350.00 $350.00 Ballot Printing Fees (11" and 14", 2-sided, Stubs, Serialized, up to 3 parties) $0.23 $2,415.00 10,500 each Outgoing Services: 1 Election Database Set -Up $725.00 $725.00 10,000 Outgoing Platinum Service Includes: (per record) $0.35 $3,500.00 - Data Processing Software (per record) - lnkjet Printing on Envelopes - Address Standardization, CASS Report - Automated Inserting (Up to 3 items. Additional inserts @ .01 each.) - Mail Preparation and Mailing (Does Not Include Postage) Electronic Pollbook Registered Voters Mailing Report Data Preparation (Hourly $162.00 $162.00 1 Rate Total Vote Remote Printing and Scanning Services: $14,902.00 _. �� xa, Total Estimated Rental Fees: $24,941.25 Payment Terms: Invoicing will occur as Follows: Total Estimated Rental Fees of $24,941.25 due Thirty (30) Calendar Days after the later of (a) Equipment Delivery, or (b) Receipt of Corresponding ES&S Invoice. Payments of invoices are due no later than 30 days after Customer's receipt of corresponding invoice. Delays in payment due to no fault of ES&S will be subject to interest charges in the maximum amount permitted by applicable law. Equipment Rental Pricing includes roundtrip shipping and handling. In no event shall Customer's payment obligations hereunder, or the due dates for such payments, be contingent or conditional upon Customer's receipt of federal and/or state funds. Any applicable state and local taxes are not included, and are the responsibility of Customer. Notes: 1. Freight and Postage are not included in pricing and will be billed separately. 2. Vote Remote Printing quantities in excess of those set forth above will be invoiced 2. Description of Services. Installation. Section 1 specifies the items of Rental Equipment or Software, if any, which ES&S' employees, agents or authorized representatives ("Representatives") will install at Customer's designated site. Customer shall pay ES&S a fee for such installation services, as set forth in Section 1. Customer will provide, at its own expense, a site adequate in space and design for installation and operation of the Rental Equipment and Software. Customer shall be responsible for providing a site that is temperature and humidity controlled, has all necessary electric current outlets, circuits, and wiring for the Rental Equipment and Software, and has electric current of sufficient quality and quantity to operate the Rental Equipment and Software, all as specified in the Rental Equipment Documentation or the Software Documentation (as each is defined below) (collectively the "Documentation"). ES&S may, but shall not be required to, inspect the site and advise on its acceptability before any Rental Equipment or Software is installed. Customer shall be responsible for installing all items of Rental Equipment or Software not Installed by ES&S, in accordance with the instructions furnished in the Documentation. ES&S shall have no liability for actual site preparation or for any costs, damages or claims arising out of the installation of any Rental Equipment or Software by Customer except to the extent said costs, damages or claims are caused in whole or in part by ES&S, its employees, agents or subcontractors. 3 b. Additional Professional Services. If requested in writing by Customer, ES&S will provide additional Professional Services support to Customer at ES&S's then -applicable rates for such services. TERMS AND CONDITIONS RELATING TO RENTAL EQUIPMENT 3. Items Included in Rental Equipment. In addition to the Rental Equipment, ES&S will also provide Customer with copies of operating instructions, user manuals and training materials for the Rental Equipment ("Rental Equipment Documentation"). Certain items included in the Rental Equipment may have been manufactured by parties other than ES&S; any such items are separately identified in Section 1 and are collectively known as "Non-ES&S Rental Equipment". Customer acknowledges and agrees that, except forthe payment to ES&S of the amount dues under Section 1 which is attributable to the Non-ES&S Rental Equipment, all of its rights and obligations with respect to the Non-ES&S Rental Equipment flow from and to the manufacturers, lessors or other vendors of the Non-ES&S Rental Equipment (collectively the "Third Party Rental Equipment Vendors"). Customer further acknowledges that it has received copies of all applicable Third Party Rental Equipment Vendor Documentation, warranties and other applicable information regarding its rights and obligations with respect to the Non-ES&S Rental Equipment. 4. Warranty. ES&S warrants that any ES&S-manufactured scanning equipment included in the Rental Equipment ("Scanning Equipment") will perform in accordance with the specifications set forth in the Rental Equipment Documentation and will be free from defects in material and workmanship under normal use and service for the Rental Term (the "Warranty Period"). ES&S' sole obligation under this Section 4 shall be to repair or replace the Scanning Equipment or the applicable parts thereof, at its sole expense, at Customer's location or at ES&S's facilities, as determined by ES&S in its sole discretion. Any repaired or replaced Scanning Equipment or parts thereof shall be warranted for the unexpired term of the original Warranty Period plus an additional time period equivalent to the period the Scanning Equipment or parts were out of service or otherwise unable to be used by Customer. All replaced Scanning Equipment or parts thereof will become the property of ES&S on an exchange basis. The warranty provided by ES&S under this Section 4 does not apply to and shall not require ES&S to repair or replace any item (i) which requires repair or replacement due to normal wear and tear caused solely by Customer use, (ii) which has been repaired, altered or transported by persons other than ES&S authorized Representatives, (iii) from which any serial number has been removed, defaced or changed, (iv) which is damaged due to accident, disaster, theft, vandalism, neglect, abuse, use for a purpose other than the purpose for which such item is designed or use which is not in accordance with instructions furnished by ES&S except to the extent said accident, disaster, theft, vandalism, neglect, abuse, use for a purpose other than the purpose for which such item is designed or use which is not in accordance with instructions is carried out or caused by ES&S, its employees, agents, or subcontractors, (v) which has been subjected to physical, mechanical or electrical design alterations or any conversion by persons otherthan ES&S personnel, (vi) which has been used by any person other than Customer's employees or persons under Customer's direct supervision; (vii) which has been used in a site not meeting the specifications set forth in Section 2(a) above; (viii) has been used with ballots other than ES&S copyrighted ballots; or (ix) have been used with ballot code stock other than ballot code stock supplied or approved by ES&S. 5. Rental Payments. The rental payment for each item included in the Rental Equipment for the Rental Term (defined below) is set forth in Section 1 above, and the total amount thereof shall be paid in accordance with the terms of Section 1. Customer shall notify ES&S if it desires to rent additional items of Rental Equipment. If ES&S agrees to rent such items to Customer, the parties shall amend Section 1 of this Agreement to include such items within the definition of "Rental Equipment" and Customer shall pay to ES&S rental payments for each such item at ES&S's then -current rental rates. 6. Rental Term. The period during which Customer shall rent the Rental Equipment from ES&S shall be in effect from March 1, 2014 through May 1, 2014, unless earlier terminated pursuant to this Agreement (the "Rental Term"). The Rental Term shall terminate upon the first to occur of (i) a breach of any provision herein applicable to the Rental Equipment which has not been cured by the breaching party within thirty (30) days after it receives written notice of the breach from the non -breaching party (except a breach as provided in (iii) below which will require no notice); (ii) either party's providing thirty (30) days' prior written notice to the other party hereto of its desire to terminate the Rental Term; (iii) Customer's failure to make any rental payment due hereunderwithin sixty (60) days after it is due or (iv) Customer cancels its April 1, 2014 election priorto ES&S' delivery of the Rental Equipment, Software or the performance of any Services to be provided by ES&S hereunder. In the event of early termination by ES&S due to (a) a breach of this Agreement by Customer, (b) Customer's failure to pay any amounts owed under this Agreement or (c) the failure of Customer's Board of Supervisors to appropriate funds to make the payments due under this Agreement, Customer shall pay ES&S liquidated damages equal to the present value of the remaining monthly amounts owing hereunder, discounted at the rate of 8% per annum. Further, in the event of a termination by the Customer in accordance with Section 6(ii) or 6(iv) above, Customer hereby agrees to promptly pay ES&S for all costs incurred and deliverables provided by ES&S through the effective date of such termination, including, but not limited to, any equipment and software delivered, shipping costs incurred, and services performed. No later than ten (10) calendar days 4 following the termination of the Rental Term, Customer shall release the Rental Equipment to ES&S at its own expense and in the same operation, order, repair, condition and appearance as when received, subject to normal wear and tear. In the event Customerfails to release the Rental Equipment to ES&S no later than ten (10) calendar days following the termination of the Rental Term, Customer shall pay to ES&S a late return charge in the amount of $500.00 per calendar day until the Rental Equipment is returned to ES&S in accordance herewith. TERMS AND CONDITIONS RELATING TO SOFTWARE Grant of License a. In General. ES&S hereby grants to Customer a nonexclusive and nontransferable license during the Rental Term for its bona fide full-time employees to Use (defined below) the Software designated in Section 1. b. Third Party Software_ Customer acknowledges that ES&S does not own the Software designated in Section 1 as "Third Party Software" or the accompanying operating instructions, user manuals and training materials relating thereto (the "Third Party Software Documentation") (the ES&S Software Documentation and the Third Party Software Documentation sometimes collectively the "Software Documentation"). Customer further acknowledges that, except for the payment of license fees attributable to the Third Party Software and the Third Party Software Documentation (collectively the "Non-ES&S Software Items"), which shall be paid directly to ES&S pursuant to Section 1 above, all of its rights and obligations with respect to the Non-ES&S Software Items flow from and to the vendors of the Non- ES&S Software Items (the "Third Party Vendors"). Customer further acknowledges that it has received copies of all applicable license agreements for the Non-ES&S Software Items from the Third Party Vendors. None of the Non- ES&S Software Items has been independently authenticated in whole or in part by ES&S, and none of ES&S' representations, warranties, covenants or agreements set forth herein apply with respect to the Non-ES&S Software Items unless otherwise specifically stated herein. C. Definition of Use. For purposes of this Agreement, the term "Use" shall mean the right to copy or utilize all or any portion of the instructions or data of the ES&S Software from tangible media supplied by ES&S ("Tangible Media"). The ES&S Software may be used only for internal purposes and shall not be used by, for, or on behalf of, third parties. "Use" shall also mean the right to retain and consult the ES&S Software Documentation. Customer's right to Use the ES&S Software and the ES&S Software Documentation shall not include the right to do any of the following: i. Copy, in whole or in part, any ES&S Software (except for backup and archive purposes and provided that no more than one copy may be in existence at any one time for such purposes), any Tangible Media or any ES&S Software Documentation; ii. Reverse engineer, decompile, disassemble, re -engineer or otherwise create or attempt to create or permit, allow or assist others to create the source code of the ES&S Software or the structural framework of the ES&S Software; iii. Cause or permit any use, display, loan, publication, transfer of possession, sublicensing or other dissemination of the ES&S Software or the ES&S Software Documentation, in whole or in part, to or by any third party without Licensor's prior written consent; iv. Modify, enhance or otherwise change the ES&S Software; V. Use the ES&S Software except as specified in the ES&S Software Documentation or as otherwise authorized by ES&S in writing; or vi. Use the ES&S Software on more items of Designated Equipment unless authorized in writing by ES&S. Fees. The license fees for the ES&S Software, the ES&S Software Documentation, the Third Party Software and the Third Party Documentation (collectively the "Licensed Items") for the Rental Term are set forth in Section 1 above and shall be paid in accordance with the terms of Section 1. 9. Term; Termination. The license granted herein shall become effective on the date the ES&S Software is installed by Customer (the "Start Date") and shall remain in force during the Rental Term. Upon termination of the license, Customer shall immediately return the ES&S Software and any other Confidential Information in its possession or under its control (including any and all copies) to ES&S. Termination of the license pursuant to this provision is in addition to any other remedies available to ES&S at law or in equity. 10. Title; Copyright Notice. Customer acknowledges and agrees that: (a) all right, title and interest in and to the ES&S Software, the ES&S Software Documentation and the Tangible Media is owned by ES&S, and Customer has only a limited license to Use such items during the Software License Term. Customer agrees not to challenge ES&S's right, title and interest in and to the ES&S Software, the ES&S Software Documentation or the Tangible Media and to notify ES&S immediately if it becomes aware of any such challenge. Customer shall include the copyright and proprietary rights notices which are set forth on each item of Tangible Media on any copies of the Software which are made from such item of Tangible Media. Likewise, Customer shall include the copyright and proprietary rights notices which are set forth on each item of Documentation on any copies thereof. If notified in writing of any action brought against Customer based on a claim that the ES&S Software infringes on a United States patent, copyright or trademark right of a third party, ES&S will defend such action at its expense and will pay any and all fees, costs or damages that may be finally awarded in such action or any settlement resulting from such action. 11. Export. Customer acknowledges that the laws and regulations of the United States may restrict the export of certain commodities and technical data of United States origin, including the Software, in any medium. Customeragrees that it shall not export the Software or the Documentation in any form without the appropriate United States and foreign government licenses. Licensee further agrees that its obligations pursuant to this Section 11 shall survive and continue after the termination of this Agreement. TERMS AND CONDITIONS RELATING TO RENTAL EQUIPMENT AND SOFTWARE 12. Limitation on Liability. ES&S' total liability to Customer for any losses, damages, costs or expenses of any nature, whether direct or indirect, arising from or relating to ES&S' performance of this Agreement or the products or services provided by ES&S hereunder, shall be limited to the aggregate amount paid by Customer to ES&S for the product(s) or services(s) that caused the losses or damages or are the subject matter of the claim or cause of action. By entering into this Agreement, Customer agrees to accept responsibility for (i) the selection of the Rental Equipment and Software to achieve Customer's intended results; (ii) the use (Use) of the Rental Equipment and Software; (c) the results obtained from the use of the Rental Equipment and Software; and (d) the selection of, use of and results obtained from any equipment, software or services not provided by ES&S and used with the Rental Equipment or Software. Notwithstanding the foregoing, this limitation of liability does not apply to claims or actions involving patent, copyright, or trademark rights as described in Section 10. 13. Shipment: Title and Risk of Loss. ES&S will ship the Rental Equipment and Software by common carrier to Customer on a date mutually agreed upon by ES&S and Customer, and risk of loss with respect to the Rental Equipment and Software shall pass to Customer when such items are delivered to Customer's place of business. Title to the Rental Equipment shall remain in ES&S. ES&S shall also bear the risk of loss with respect to the Rental Equipment (except that Customer shall bear the risk of loss with respect to, or damage to, the Rental Equipment which is caused by fire, the elements, theft, vandalism, negligent or intentional acts of Customer's employees or other events which are within the control of Customer). During the period in which this Agreement is in effect, Customer shall, at its sole expense, maintain the Rental Equipment in good operating condition and repair and protect the Rental Equipment from deterioration otherthan normal wear and tear and shall procure and maintain insurance on the Rental Equipment to adequately insure the risks of loss for which Customer is responsible hereunder. Upon request, Customer shall provide ES&S with copies of any and all policies procured and maintained by Customer insuring Customer's risks of loss hereunder. Customer shall not use the Rental Equipment for any purpose other than those for which it was designed and shall not, without the prior written consent of ES&S, alter the Rental Equipment or affix to or install on the Rental Equipment any accessory, equipment or device which was not supplied to it by ES&S. Customer shall not move the Rental Equipment from the place where it was originally installed without ES&S' prior written consent and shall make the Rental Equipment and any records pertaining thereto available to ES&S during regular business hours for inspection. Customer will not, without the prior written consent of ES&S and subject to such conditions as ES&S may impose for its protection, affix any item of Rental Equipment to any real property if, as a result thereof, such item of Rental Equipment will become a fixture under applicable state law. 14. Time is of the Essence. ES&S shall provide the equipment, software, and services set forth in Section 1 in a timely and accurate manner so as not to impede Customer from conducting the April 1, 2014 election according to Colorado law. ES&S shall perform its services in an expeditious manner in accordance with a mutually agreed upon schedule developed by the Town Clerk and ES&S, which schedule shall be executed by the Town Clerk and ES&S and upon said execution, shall be fully incorporated herein. 15. No Third Party Beneficiaries. It is expressly understood and agreed that. enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to ES&S and Customer, and A nothing contained in this Agreement shall give or allow any such claim or right of action by any other third party on such Agreement. It is the express intention of the parties that any person other than ES&S or Customer receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 16. Prohibition Against Employing Illegal Aliens. ES&S shall not knowingly employor contract with an illegal alien to perform work under this contract. ES&S shall not enter into a contract with a subcontractor that fails to certify to the ES&S that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. ES&S will participate in either the E-verify program orthe Department program, as defined in C.R.S. § § 8-17.5-101(3.3) and 8-17.5-101(3.7), respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. ES&S is prohibited from using the E-verify program or the Department program procedures to undertake pre -employment screening of job applicants while this contract is being performed. If ES&S obtains actual knowledge that a subcontractor performing work under this contract for services knowingly employs or contracts with an illegal alien, ES&S shall: a. Notify the subcontractor and the Customer within three days that ES&S has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien; except that EMS shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. ES&S shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. § 8-17.5-102(5), If EMS violates a provision of this Contract required pursuant to C.R.S. § 8-17.5-102, Customer may terminate the contract for breach of contract. If the contract is so terminated, ES&S shall be liable for actual and consequential damages to Customer. RESOLUTION NO. 13' 5Q A RESOLUTION AUTHORIZING A MAIL BALLOT ELECTION TO BE HELD IN ACCORDANCE WITH THE UNIFORM ELECTION CODE FOR THE TOWN OF FIRESTONE REGULAR MUNICIPAL ELECTION ON APRIL 1, 2014 WHEREAS, the Town will conduct its regular municipal election on April 1, 2014; and WHEREAS, pursuant to C.R.S. § 31-10-102.7, the Board of Trustees may provide by resolution that the Town will utilize the requirements and procedures of the "Uniform Election Code of 1992," articles 1 to 13 of title 1, C.R.S., in lieu of the Municipal Election Code with respect to any election; and WHEREAS, pursuant to the Uniform Election Code at C.R.S. § 1-7.5-104, the Board of Trustees is further authorized to determine that an election shall be conducted by mail ballot; and WHEREAS, the Board of Trustees finds it in the best interests of the Town of Firestone to conduct its regular municipal election on April 1, 2014 as a mail ballot election; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to C.R.S. § 1-7.5-104, the Town of Firestone regular municipal election to be held on April 1, 2014 shall be conducted as a mail ballot election. Section 2. Pursuant to C.R.S. § 31-10-102.7, the Town will utilize the requirements and procedures of the Uniform Election Code of 1992, articles 1 to 13 of title 1, C.R.S., as amended, in lieu of the Colorado Municipal Election Code of 1965, article 10 of title 31, C.R.S., as amended, with respect to the regular municipal election to be held on April 1, 2014. Section 3. The Town Clerk is hereby directed to take all such steps as are necessary to conduct the April 1, 2014 election as a mail ballot election pursuant to the Uniform Election Code, including but not limited to, submitting a proposed plan for conducting the mail ballot election to the Secretary of State no later than fifty-five (55) days prior to the election, or on or before February 5, 2014. INTRODUCED, READ AND ADOPTED this 13th day of November, 2013. F�RES7pN TOWN OF FIRESTONE, COLORADO fr roWN m } AL i0 ko :,� ��� Clmdpier, Mayor_i '6 ?a so r�,vl SGvl ATTEST: RESOLUTION NO. 1-3-51 A RESOLUTION APPROVING A SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND THE CARBON VALLEY PARK AND RECREATION DISTRICT WHEREAS, the Town of Firestone ("Town") and the Carbon Valley Park and Recreation District ("District") previously entered into that certain Intergovernmental Agreement dated March 11, 2010 ("IGA"), which IGA sets forth certain general understandings of the Parties regarding their relationship and their provision of recreation facilities and services to residents within the Town and the District, and which IGA also sets forth the Parties' specific responsibilities concerning the use, management, operation and maintenance of certain Town - owned parks that are jointly used for recreation services; and WHEREAS, the IGA is set to expire by its terms on December 3 t, 2013; and WHEREAS, an amendment has been proposed to extend the term of the IGA for an additional year, and the Board of Trustees by this Resolution desires to approve the amendment and authorize its execution; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Second Amendment to Intergovernmental Agreement ("Amendment") between the Town of Firestone and the Carbon Valley Park and Recreation District to extend the existing IGA for an additional year is hereby approved in essentially the same form as the copy of such Amendment accompanying this resolution. Section 2. The Mayor and Town Clerk are hereby authorized to execute the Amendment and the Mayor is further authorized to negotiate and approve on behalf of the Town such revisions to the Amendment as the Mayor and Town Manager determine are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Amendment are not altered. INTRODUCED, READ, and ADOPTED this 1� day of ! v D W rKbtl , 2013. (Anl' ESTpN`� SEALAT EST: NrX..4 Sri§§a Medina Town Clerk TOWN OF FIRESTONE, COLORADO Chad *acr SOW n V P7 Mayor Ism • {-(,Y)'1 Second Amendment to Intergovernmental Agreement This Second Amendment to Intergovernmental Agreement ("Agreement") is made and entered into by and between the Town of Firestone, Colorado, a municipal corporation ("Town") and the Carbon Valley Park and Recreation District, a Colorado special district ("District"). The Town and the District are collectively referred to as the "Parties." Recitals A. The Parties previously entered into that certain Intergovernmental Agreement dated March 11, 2010 ("IGA"), which IGA sets forth certain general understandings of the Parties regarding their relationship and their provision of recreation facilities and services to residents within the Town and the District, and which IGA also sets forth the Parties' specific responsibilities concerning the use, management, operation and maintenance of certain Town - owned parks that are jointly used for recreation services. B. The Parties previously entered into a First Amendment to Intergovernmental Agreement to extend the term of the IGA by one year, and the IGA is currently set to expire by its terms on December 31, 2013. C. The Parties desire to enter into this Second Amendment to IGA to extend the term of the IGA for an additional year. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and in the IGA, the Town and the District agree as follows: 1. The foregoing recitals are incorporated herein and made a part hereof. 2. Section 4.7 of the IGA is hereby amended to add an entry for 2014 maintenance costs, so that said Section reads in full as follows (new language is in bold underline): 4.7. Field Maintenance. The Town shall provide for general field maintenance for the Parks, to include mowing, watering, fertilization, and provision of necessary utilities, and will complete field preparation at Hart Park, Settlers Park and the Firestone Sports Complex prior to all regularly scheduled District baseball, softball, and T-ball games. The District shall annually pay to the Town the following amounts for such maintenance of the active sports field areas of the Parks identified in Subsection 4.1 and the field preparation described above: 2010: $10,000 2011: $12,000 2012: $12,000 2013: $12,000 2014: $12,000 The District shall pay in full the amount due for each year by no later than October I of such year. If payments are not made when due, the Town may deny the District use of the Parks until such time as payment is received. 2. Section 5.0 of the IGA, as amended by the First Amendment thereto, is hereby further amended to strike "December 31, 2013" and insert "December 31, 2014" in place thereof. 3. The IGA, as herein amended, shall remain in full force and effect in accordance with its terms. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed on the dates set forth adjacent their respective signatures below. TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor Approved by the Board of Trustees of the Town of Firestone the day of 72013 ATTEST: Carissa Medina, Town Clerk CARBON VALLEY PARK AND RECREATION DISTRICT HIM ATTEST: Secretary President Approved by the Board of Directors of the Carbon Valley Park and Recreation District the day of 2013 2 TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO IN RE THE SERVICE PLAN FOR MOUNTAIN SHADOWS METROPOLITAN DISTRICT, IN THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO RESOLUTION NO. 13-15 2- RESOLUTION OF APPROVAL WHEREAS, pursuant to the Special District Act, there has been filed with the Town a proposed Service Plan for Mountain Shadows Metropolitan District (the "Service Plan"); and WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S. as amended, the Board of Trustees of the of the Town of Firestone, County of Weld, State of Colorado (the "Town"), following due notice, held a public hearing on the proposed Service Plan, which hearing was held on December 11, 2013; and WHEREAS, the Board of Trustees has considered the Service Plan and all other testimony and evidence presented at the hearing; and WHEREAS, based upon the testimony and evidence presented at the hearing, it appears that the Service Plan for Mountain Shadows Metropolitan District should be approved by the Board of Trustees, subject to certain conditions set forth below, in accordance with Section .32-1- 204.5(1)(c), C.R.S. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the Board of Trustees, as the governing body of the Town of Firestone, Colorado, does hereby detennine, based on representations by and on behalf of the Mountain Shadows Metropolitan District (the "District") and MSP Corporation, a Colorado Corporation, a Colorado corporation, (the "Developer"), that all of the requirements of Title 32, Article 1, Part 2, C.R.S., as amended, relating to the filing of the proposed Service Plan for Mountain Shadows Metropolitan District have been fulfilled and that notice of the hearing was given in the time and manner required by the.Town. Section 2. That, based on representations by and on behalf of the District and Developer, the Board of Trustees of the Town of Firestone, Colorado, has jurisdiction over the subject inatter of the proposed Service Plan pursuant to Title 32, Article 1, part 2, C.R.S., as amended. Section 3. That, pursuant to Section 32-.1-204.5, C.R.S., Section 32-1-202(2), C.R.S., and Section 32-1-203(2), C.R.S.; the Board of Trustees of the Town of Firestone; Colorado, does hereby find and determine, based on the Service Plan, the representations by and on behalf of the Developer, and other evidence presented at the public hearing, that: (a) There is sufficient existing and projected need for organized service in the areas to be serviced by the District; (b) The existing service in the areas to be served by the District is inadequate for present and projected needs; (c) The District is capable of providing economical and sufficient service to the area within its boundaries; (d) The area in the District districts has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; and (e) The approval of the Service Plan is in the best interests of the District. Section 4. That pursuant to Section 32-1-204.5(1)(c), C.R.S., the Board of Trustees hereby imposes the following conditions upon its approval of the Service Plan: (a) At its first meeting after the effective date of this Resolution and in no event later than sixty days after the formation election of the District, the Board of Directors of the District shall execute the Intergovernmental Agreement with the Town ("IGA") in the form presented to the Town Board of Trustees at its December 11, 2013 hearing, or in form otherwise acceptable to the Town Attorney, and shall deliver the fully executed original of the IGA to the Town. (b) That pursuant to the Service Plan, the District will pay all reasonable expenses of the Town, its attorneys and consultants, as well as the Town's reasonable processing fees, in connection with the processing of the Service Plan approved herein. (c) The Developer agrees that the Town Attorney will be given reasonable notice of all proceedings in the District Court of Weld County relating to the organization of the Districts (including notice as described in Section 32-17304, C.R.S. (d) Prior to the sooner of issuing any debt or providing any services or facilities in an overlap area, the District shall fully comply with the applicable provisions of Section 32-1-107(3), C.R.S. with respect to the overlapping of service areas. The District's authorization to provide services or facilities within any overlapping area is expressly conditioned upon the District's first obtaining written consent as required by the applicable provisions of such statute of each and every district whose service area is so overlapped. (e) Prior to the hearing date set by the District Court of Weld County pursuant to Section 32-1-304, C.R.S., the fully and properly executed originals of the service plan certification page; property owner(s)' consents; engineer's statement of reasonableness of capital costs; legal counsel letter; and Developers' indemnity Ietter that are required under the Service Plan as set forth in Exhibits D, E, G, H, and Part 1 of Exhibit J, shall be provided to the Town. (f) At its first meeting after the effective date of this Resolution and in no event later than sixty days after the formation election of the District, the Board of Directors of the District shall execute the District indemnity letter that is required under the Service Plan and set forth in Part 2 of Exhibit J, and shall provide the fully executed original of such document to the Town, If any of the above -stated conditions are not mct, the Town may revoke its approval of the Service Plan by subsequent resolution and/or pursue all legal and equitable remedies available to it for failure of compliance with such conditions of approval. Section 5. That the Service Plan for Mountain Shadows Metropolitan District, as set forth in Exhibit A to this Resolution and dated December 3, 2013, is hereby approved subject to the conditions stated in Section 4 above, in accordance with Section 32-1-204.5(l)(c), C.R.S. Section G. That a certified copy of this Resolution be filed in the records of the Town of Firestone and submitted to the District. LVED, ADOPTED AND APPROVED this � day of Cfl?l , 2013. .�RES'r TOWN ~ TOWN OF FIRESTONE, COLORADO �� Fo c/i lot {� . �� cO�O� Chad Auer - Mayor Canssa Medina Town Clerk EXHIBIT A (Copy of Service Plan) MOUNTAIN SHADOWS METROPOLITAN DISTRICT SERVICE PLAN TOWN OF FIRLSTONE, COLORADO SimDweniber3,2013 1 TABLE OF CONTENTS I. Introduction......................................................................................................... 1 If. Purpose of the Proposed District......................................................................... 4 III. Boundaries, Population & Valuation ............................................................. 5 IV. 'Description of Proposed Facilities..................................................................... 6 a. Type of Improvements............................................................................ 6 b. Description of Existing Conditions......................................................... 8 C. Anticipated Development....................................................................... 9 d. Public Improvement Schedule............................................................. 9 e. Town Construction Standards................................................................. 9 f. Limitation on Eminent Domain ...........................................................10 g. Dedication of Improvements to the Town...............................................10 h. Ownership and Operation of Facilities by the District ............................ 12 i. Acquisition of Land for Public Improvements.........................................12 j, Services to be Provided by other Governmental Entities ........................ 13 k. Integration................................................................................................13 1. Other Services .....................................................................................14 M. Subdistricts'and Other Entities.................................................................14 n. Bankruptcy Limitation.............................................................................14 V. Financial Information.......................................................................................15 a. General...............................................................................................16 b. Debt Issuance..........................................................................................17 C. Required Transfers of Capital Improvement Funds to Town ..................19 d. Other Financial Restrictions; Limitations and Requirements .................. 21 C. Limited Mill Levy....................................................................................23 f. Investor Suitability...................................................................................23 g. Refunding Bonds..................................................................................... 24 h. Construction Financing Notes Issued to Developer ................................ 25 i. Identification of District Revenue............................................................26 j. Security for Debt...................................................................................... 26 k. Services of District................................................................................... 26 I. Quinquennial Review ..................... M. Letters.......................................................................................................27 VI. Landowners' Obligations as to Public Improvements.........................................27 VII. Annual Report ....................................................................................................28 VIII. Dissolution........................................................................................................30 IX. Consolidation......................................................................................................31 X. Elections ............................ ...........:.................................................................... 31 XI. Indemnities.......................................................................................................... 33 XII. Disclosure and Disclaimer; No Third -Party Rights ........................................... 33 XIII. Intergovernmental Agreements........................................................................... 34 XIV. Conservation Trust Fund..................................................................................... 34 XV. Modification of Service Plan .................................................... .................. 35 XVI. Failure to Comply with Service Plan..................................................................36 XVII. Resolution of Approval .......................................................................................37 XVIII. Severability......................................................................................................... 37 XIX. Certification........................................................................................................ 38 LIST OF EX rFS Exhibit A Legal Description Exhibit B Boundary Map Exhibit C Vicinity Map Exhibit D Property Owners' Consents Exhibit E Engineering Estimates Exhibit F Location of Public Improvements Exhibit G Financing Plan Exhibit H Legal Counsel Letter Exhibit I Part I - Developer Indemnity Letter Part II - District Indemnity Letter Exhibit J Form of Disclosure Notice Exhibit K Form of Town Disclosure Statement Exhibit L Form of Intergovernmental Agreement between District and Town Exhibit M Resolution of Town of Firestone Approving Service Plan ii MOUNTAIN SHADOWS METROPOLITAN DISTRICT SERVICE PLAN I. INTRODUCTION The District shall be named the Mountain Shadows Metropolitan District (the "District"). This District is formed from the property comprising Filing No. 2 of the Mountain Shadows Subdivision (the "Property") to service this Property. The purpose of the District is to finance certain streets, traffic safety controls, street lighting, sanitary sewer, water, landscaping, storm drainage, and park and recreation improvements for developments to be known as the Mountain Shadows Subdivision Filing No. 2 ("Mountain Shadows"). The developer of Mountain Shadows, owner of the Property, excluding rights -of -way and tracts dedicated to the Town, and the petitioner for the formation of the District is MSP Corporation, a Colorado corporation, its affiliates, subsidiaries, successors, heirs and assigns (collectively referred to herein as the `Developer"). The District is intended to provide for the financing of public improvements for Mountain Shadows, but is not intended to be a District with perpetual existence. The District will consist of approximately thirty-nine and six hundred twenty-five hundredths (39.625) acres and no changes in the District's boundaries are anticipated or authorized. The District shall be dissolved when its financial obligations are paid or provided for or when the Town of Firestone, Colorado (the "Town") requests dissolution, provided then -applicable statutory requirements are met, all as fiuther described in this Service Plan, together with all exhibits hereto (the "Service. Plan"). Except as expressly provided in this Service Plan, all public improvements and facilities that are financed, constructed, installed or acquired by the District shall be dedicated and conveyed to the Town, or its designee and will be operated and maintained by the Town or its designee upon Town acceptance and completion of the District's warranty obligations. The Town may require that specific landscaping, storm drainage, and parks and recreation improvements that are 1 dedicated and conveyed to the Town be maintained by a homeowners' association formed for the Mountain Shadows development, for the use and benefit of residents, taxpayers and property owners. The District shall not provide fire protection or emergency services, which fire protection and emergency services shall be provided by the Frederick -Firestone Area Fire Protection District, either directly or, with respect to emergency services, through contract. The District may exercise those powers of a metropolitan district set forth in §§32-1-1001 and -1004, CKS. only to implement the provisions of this Service Plan and only to the extent authorized by and in a manner consistent with this Service Plan. The District is generally located at the northwest corner of Colorado Boulevard and Firestone Boulevard. The proposed boundaries of the District are limited to those boundaries described in Exhibit A, attached hereto. This Service Plan has been prepared by the following Developer and participating consultants (the "Organizers"): Developer:. MSP Corporation C MSP") A Colorado corporation 720 S. Colorado Blvd. Suite 940 — North Tower Denver, Colorado 80246 (303) 399-9804 (303) 399-3631(fax) marcus nspcompanies.com Financial Advisor: Stan Bernstein & Associates, Inc. Stan Bernstein 8400 East Prentice Avenue, Penthouse Greenwood Village, Colorado 80111 (303) 409-7611 303) 594-0737 (Facsimile) star lancardilink.net 2 District Counsel: Dufford & Brown, P.C. David Sean O'Leary, Esq. 1700 Broadway, Suite 2100 Denver, Colorado 80290-2101 (303) 861-8013 (303) 832-3804 (fax) dolearvQ,duffordbrowri.com Roger Curtis, P.E. Northern Engineering Services, Inc. 200 South College Avenue, Suite 010 Fort Collins, CO 80521 (970) 568-5406 (970) 221-4159 (Facsimile) bud a ortherne eerin&.com Bond Counsel: Kutak Rock, LLP Kimberley A. Casey, Esq. 1801 California Street, Suite 3100 Denver, Colorado 80202 (303)292-7796 (303) 292-7799 (Facsimile) Kirnberl .Case utakRock.com Accountant: L. Paul Goedecke, P.C. L. Paul Goedecke 950 Wadsworth Blvd., Suite 204 Lakewood, CO 80214 (303) 232-2866 (303) 292-7799 (Facsimile) Pursuant to the requirements of the Special District Control Act, § 32-1-201, et seq., C.R.S., this Service Plan consists of a financial analysis and an engineering plan showing how the proposed facilities and services of the Mountain Shadows Metropolitan District will be provided and financed. As required by § 31-1-202(2), C.RS., the following items are included in this Service Plan: a. A description of the proposed services; b. A financial plan showing how the proposed services are to be financed, including all elements required by § 32-1-202(2)(b), C.R.S.; C. A preliminary engineering or architectural survey showing how the proposed services are to be provided; d. A map of the proposed District's boundaries and an estimate of the population and valuation for assessment of the proposed District; e. A general description of the facilities to be constructed and the standards for construction, including a statement of how the facility and service standards of the proposed District are compatible with facility and service standards of the Town and special districts which are interested parties pursuant to § 32-1-204(1), C.R.S.; £ A general description of the estimated cost of acquiring land, engineering services, legal services, administrative services, initial proposed indebtedness and estimated 3 proposed maximum interest rates and discounts and other major expenses related to the organization and initial operation of the District; and g. A description of any arrangement or proposed agreement with any political subdivision for the performance of any services between the proposed District and such other political subdivision and, if applicable, a form of the agreement. II. PURPOSE OF THE PROPOSED DISTRICT The District will assist with the financing of the construction of public improvements for the Mountain Shadows development, which improvements shall be constructed to Town standards, warranted by the District, and dedicated and conveyed to the Town or its designee as provided in this Service Plan, or as otherwise required by the Town. The Town may require that specific landscaping, storm drainage, and parks and recreation improvements that are dedicated and conveyed to the Town be operated and maintained by a homeowners' association formed for the Mountain Shadows development, for the use and benefit of residents, taxpayers and property owners. The public improvements shall be financed, in part, through the issuance of indebtedness as set forth in Article V, "Financial Plan." Except as specified in or pursuant to this Service Plan, the District shall not construct or own any improvements, shall not provide for any maintenance, repair or operation of any improvements, and shall not perform any services without the consent of . the Town as evidenced by a resolution of approval of the Town of Firestone Board of Trustees (the "Board of Trustees"). In addition, the District will not contract with any other governmental entity to receive any services which are or may become available from the Town, or to provide any services to or within any other governmental entity without the prior written consent of the Town. The District shall not provide any services or facilities within 4 any area of the District overlapping with the service area of another district without first obtaining the written consent of each and every district whose service area is so overlapped. The District shall dissolve when its financial obligations are paid or provided for, or otherwise upon request of the Town, subject to then -applicable statutory requirements, all as further provided in Article VIII. III. BOUNDARIES, POPULATION & VALUATION The District consists of approximately thirty-nine and six hundred twenty-five hundredths (39.625) acres located entirely within the boundaries of the Town, as more particularly set forth in the legal description attached hereto as Exhibit A and as shown on the boundary map, attached. hereto as Exhibit B, and the vicinity map, attached hereto as Exhibit C. The petitioner, also the Developer of the District property, has received the consents of the property owners to the formation of this District, which consents, for the owners of all property to be located within the District, are attached hereto as Exhibit D and incorporated herein by this reference. The Mountain Shadows Subdivision, Filing No. 2 is being developed for the anticipated construction of one hundred fifty-four (154) single-family homes, which will require a re - platting of the property from 126 to 154 single-family home lots. The current population of the District is zero. The population of the District at full build -out is estimated to be four hundred sixty-two (462) people subject to development approval by the Town. It is acknowledged that Town development standards and requirements may affect the foregoing numbers of anticipated homes and population. The estimated assessed value at full build -out in 2019 of the project is Four Million Five Hundred Sixty Four Thousand, Eighty -Three Dollars ($4,564,083). The property is currently zoned PUD-RA, for various residential use categories. The current assessed value is estimated to be approximately One Hundred Thousand Dollars ($100,000.00) for 5 purposes of this Service Plan. The total overlapping mill levy imposed upon the property within the proposed District for tax collection year 2013 is anticipated to be One Hundred and Nine Hundred Six Thousandths of One (100.906) mills without the District mill levies. The District shall be required to obtain written approval from the Town of a Service Plan modification prior to any inclusion or exclusion of property to or from the District, or any other change in its boundaries. Any such approval may be granted or denied by resolution of the Board of Trustees, in its discretion. Any inclusion may be on the condition that all property, originally in the District remain in the District, and on such other conditions' as the Town may impose. Any exclusion may be on the condition that there is no detriment to the remaining residents and taxpayers within the District, or to the District's bondholders, and on such other conditions as the Town may impose. No changes in the boundaries of the District shall be made, unless the prior written approval of the Board of Trustees has been obtained as part of a Service Plan modification, as provided herein. IV. DESCRIPTION OF PROPOSED FACILITIES a. Type of Improvements. The District will provide for the financing, construction, acquisition and installation of public improvements consisting of streets, traffic safety control, street lighting, sanitary sewer, water, landscaping, storm drainage, and park and recreation improvements and facilities (as the foregoing terms are used in § 32-1-1004(2), C.RS, and the sections referenced therein) within the boundaries of the District. The District is also authorized to finance park, recreation or other capital improvements of the Town that are identified by the Town and Iocated outside of the District, as provided in Article V.c. below. With the exception of those public improvements specifically identified in Exhibit F and authorized by this Service Plan, the District shall not finance, construct, C acquire or install any improvements outside the boundaries of the District unless: (1) the Town, by written determination of its Town. Engineer, determines that such improvements are necessary to connect service for the District to the facilities of the Town of other entities involved in providing services to the District; and (2) such proposed improvements are approved in advance by resolution of the Board of Trustees. The property within the District will receive water service from the Town and no other source. The District may finance, design, construct and install Town water system improvements and facilities located within the boundaries of the District. However, all water systems improvements within the District shall be dedicated and conveyed to and owned by the Town upon Town acceptance and completion of the District's warranty obligations. All water rights for water service to the property shall be owned by the Town; the District shall not purchase, own, manage, adjudicate or develop any water rights or water resources. The property within the District - will receive sanitary sewer service from the St. Vrain Sanitation District, The District may finance, design, construct and install sanitary sewer system improvements and facilities located within and without the boundaries of the District as approved by the Town and St. Wain Sanitation District. However, all sanitary sewer improvements within the District shall be dedicated and conveyed to and owned by the St. Wain Sanitation District upon acceptance and completion of the District's or its designee's warranty obligations. The Organizers of the District have prepared a preliminary engineering report based on the Town's construction standards. The table, attached hereto as Exhibit E, lists all facilities which the District, subject to development approval of the Town, will be authorized to finance, acquire, design, construct, and install, including the costs in current dollars of each, together with an explanation of the methods, basis and/or assumptions used. A Ietter concerning the reasonableness 7 of the cost estimates, and of the methods, bases and assumptions used, is included in Exhibit E. Subject to the debt limit set forth in Article V of this Service Plan and the other limitations and requirement of Article V, the District will be authorized to fund any combination of the improvements from all funding sources authorized and available to the District. The combined estimated cost of the public improvements needed for the Mountain Shadows project with a portion to be financed by the District is Three Million, Three Hundred Ninety -Six Thousand, Nine Hundred Sixty Four Dollars and One Cent ($3,396,964.01), which exceeds the estimated debt capacity of the District. Funding for improvements not funded by the District shall remain the responsibility of the Developer. The Town is not responsible for assuming any of the costs of the improvements funded by the District or necessary for service to the proposed Mountain Shadows development. A map showing the location of the public improvements to be financed by the District is attached as Exhibit F. All water and sanitary sewer improvements are anticipated to be constructed within street right-of-way, unless otherwise required by the Town. The District shall be authorized to finance, acquire, design, construct and install those types of public improvements and facilities which are authorized under this Article IV and which are generally shown on Exhibit F, subject to the specific final design and approval thereof by the Town. Phasing of construction shall be determined by the District to meet the needs of the residents and taxpayers within its boundaries; provided, however, those improvements shall be installed in i compliance with any phasing plan approved for the Mountain Shadows development at the i i request of the Developer. ; b. Description of Existing Conditions. i The area is partially developed with a majority of the lots being permit ready or partially finished lots. 8 C. AnticiDated Develogment. The Developer anticipates total build -out to occur by 2018, with the construction of ten (10) single-family residences in 2013, thirty-six (36) single-family residences in 2014, thirty-six (36) single-family residences in 2015, thirty-six (36) single-family residences in 2016, and thirty- six (36) single-family residences in 2017, subject to final design and development approval by the Town. It is acknowledged by the Developer that Town development standards and requirements may affect the foregoing numbers of anticipated homes and the foregoing anticipated build -out schedule. d. Public Improvement Schedule. Construction of the public improvements has begun and will continue as soon as possible following approval of the Service Plan. The public improvements will be phased to meet the development schedule, and shall be installed in compliance with any phasing plan approved by the Town for the Mountain Shadows development. e. Town Construction Standards. All proposed facilities and improvements shall be designed and constructed in accordance with the standards and specifications established by the Town and in effect from time to time, and with applicable standards and specifications of the federal government and State of Colorado. All proposed facilities and improvements shall be compatible with those of the Town. The District and its engineer have designed and shall design the facilities and improvements to meet such standards, specifications and compatibility requirements of the Town. In addition, any i water facilities proposed to be financed by the District and dedicated to the Central Weld County I Water District shall be designed by the Central Weld County Water District, in accordance with the design standards of that District and the Town. In addition, any sanitary sewer facilities proposed to be financed by the District and dedicated to the St. Vrain Sanitation District shall be 9 designed in accordance with the design standards of that District and the Town. The District or its Developer will obtain approval of civil engineering plans and permits for construction and installation of facilities improvements from the Town prior to the construction or installation of any facilities or improvements. The District shall be subject to all applicable provisions of the Firestone Municipal Code and to all Town rules, regulations and policies with respect to the conduct of its work on the improvements, as in effect from time to time. i Limitation on�Eminent Domain. . The District shall not exercise any power of dominant eminent domain against the Town and shall not exercise any power of eminent domain without the prior written consent of the Town. No exercise of eminent domain by the District is contemplated or authorized in this Service Plan, and any proposed use thereof shall be considered a material modification of this Service Plan, and shall be subject to the Town's prior written approval. g. Dedication of Improvements to the Town. Except as specifically set forth within Article IV h. of this Service Plan, the District shall dedicate and convey to the Town or its designee, or cause to be dedicated and conveyed to the Town or its designee, all public improvements and facilities, including, but not necessarily limited to, all streets, traffic safety controls, street lighting, sidewalks, sanitary sewer, water, landscaping, storm drainage and park and recreation improvements and facilities, as well as all rights -of -way, fee interests and easements necessary for access to and operation and maintenance of such improvements and facilities, to the extent such property interests have not been acquired by the Town through the land use approval process. The District shall not operate or maintain any public improvements, except as necessary to comply with its warranty obligations hereunder. The District shall also dedicate and convey to the Town or its designee any other facilities and improvements contemplated in this Service Plan, together with necessary rights -of -way, fee interests and easements. All such 10 improvements, facilities, easements and rights -of -way shall be conveyed to the Town or its designee immediately upon completion of construction, installation and expiration of the one (1) year warranty period that commences after the Town has issued a Conditional Acceptance as set forth below. All improvements, facilities, rights -of -way, fee interests and easements shall be conveyed and dedicated to the Town or its designee by instruments acceptable to the Town, free and clear of all liens and encumbrances, except those which are acceptable to the Town it its sole discretion. Failure to comply with the requirements of this Article IV shall be deemed to be an, unauthorized material modification of this Service Plan.. Once a public improvement to be dedicated to the Town is constructed- and installed, the Town shall issue a "Conditional Acceptance" letter stating that the improvement has been constructed or installed in conformance with the Tow N standards, or shall issue a letter stating the corrections necessary to bring the improvement into compliance with Town standards for the issuance of such a "Conditional Acceptance" letter. The District at its expense shall promptly undertake any necessary corrections. Upon issuance of the "Conditional Acceptance" letter, the public improvements shall be warranted for one (1) year from the date of such "Conditional Acceptance", during which time the District shall maintain the improvements and correct all deficiencies therein as directed by the Town At the conclusion of such one (1) year period, the Town shall issue a "Final Acceptance" letter if the public improvements conform to the TomWs specifications and standards, or shall issue a letter stating the correction necessary to bring the improvement into compliance with Town standards for the issuance of such a "Final Acceptance" letter. The District at its expense shall promptly undertake any necessary corrections. A "Final Acceptance closing" shall then be arranged and held (such closing in no event to occur more than one hundred twenty (120) days after the issuance of the "Final Acceptance" letter), at which time the Town will issue a "Final Acceptance" for all public improvements to be accepted by it, and the District will execute and deliver to the Town all necessary instruments to 11 dedicate and convey to the Town the improvements and facilities, and all necessary rights -of -way, fee interests and easements. h. Ownership and Operation of Facilities by the District. The District shall not be authorized to own or operate any improvements or facilities to be provided pursuant to this Service Plan, other than as necessary to permit the financing and construction thereof (including compliance by the District with its warranty obligations as provided in Article IV.g. above), except through approval by the Town by resolution or through an amendment to this Service Plan. Nothing herein shall limit the Town's authority to require that improvements and facilities be operated or maintained by a homeowners' association formed for the Mountain Shadows development. The District shall not own fee title to any real property. L Acquisition of Land for Public Improvements. The District shall acquire at no cost to the Town all lands or interests in land required by the Town for construction of street, traffic safety control, street lighting, sanitary sewer, water, landscaping, storm drainage, park and recreation improvements being constructed or installed by the District, Such land or interests in land may be acquired by the District by instruments of conveyance and/or plat dedication, in form and substance acceptable to the Town. All land and interests in land shall be conveyed to the Town or its designee at no cost to the Town at such times and by such instruments of conveyance as the Town may reasonably require (but in no event shall such conveyances be made later than the "Final Acceptance closing" described in Article IV.g., above), free and clear of all liens and encumbrances, except those which are acceptable to the Town. Exceptions must be approved by the Town in advance and in writing. Failure to comply with this provision shall be deemed to be an unauthorized material modification of this Service Plan. 12 j. Services to be Provided by other Governmental Entities. The District proposes to finance, construct, acquire and install the public improvements necessary to serve the District's residents and taxpayers, but is not authorized to and shall not provide any ongoing services within the District. The District shall receive fire protection and emergency services from the Frederick -Firestone Fire Protection District, either directly or with respect to emergency services, through contract. The District shall receive sanitary sewer service from the St. Vrain Sanitation District. The District shall not provide any sanitary sewer services. The District shall obtain a resolution from the Carbon Valley Park and Recreation District consenting to the overlapping boundaries for financing purposes only. The .District shall not provide ongoing park and recreation services to the District. The District shall obtain a resolution from the Central Weld County Water District consenting to the overlapping boundaries for financing purposes only. The District shall not provide ongoing water services to the District. Nothing herein shall limit or discharge the District's responsibilities for operation, maintenance and repair of public improvements prior to their acceptance by the Town and conveyance to the Town or its designee, or limit or discharge the District's warranty obligations. k. Integration. All facilities and improvements shall be constructed so as to be integrated with existing and planned facilities and improvements of the Town and other entities providing service to the Mountain Shadows development. The District shall obtain from such other serving entities approval of the proposed plans for the facilities and improvements. The District shall provide the Town with copies of any submittals to such entities at the time of their submittal, and with copies of any approvals from such entities upon receipt. 13 1. Other Services. Unless such facilities and services are provided pursuant to an intergovernmental agreement with the Town, the District shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate, maintain or provide: (a) any television relay and translation facilities and services, other than for the trenching for and installation of conduit as a part of a construction project; (b) any mosquito control facilities and services; (c) any solid waste disposal, collection and transportation facilities and services; and (d) any security, covenant enforcement and design review services. In. Subdistricts & Other Entities. No subdistricts shall be created by the District pursuant to Section 32-1-1101(1.5), C.R.S. without approval from the Town Board of Trustees by resolution. The Board of Trustees may elect to treat the organization of any such subdistrict(s) as a material modification of the Service Plan. The District shall not create any corporation to issue bonds on the District's behalf. n. Bankruptcy Limitation. Subject to federal bankruptcy law, all of the limitations contained in this Service Plan, including, but not limited to, those pertaining to the maximum mill levy have been established under the authority of the Town to approve a Service Plan with conditions pursuant to Section 32-1-204.5, C.R.S. It is expressly intended that such limitations: (a) Shall not be subject to set -aside for any reason or by any court of competent jurisdiction, absent a Service Plan Amendment; and (b) Are, together with all other requirements of Colorado law, included in the "political or governmental powers" reserved to the State under the U.S. Bankruptcy Code (I I U.S.C.) Section 903, and are also included in the "regulatory or electoral approval necessary under applicable 14 nonbankruptcy law" as required for confirmation of a Chapter 9 Bankruptcy Plan under Bankruptcy code Section 943(bX6). Any debt issued with a pledge or which results in a pledge that exceeds the maximum mill levy shall be deemed a material departure from this Service Plan pursuant to Section 32-1-207, C.R.S., and the Town shall be entitled to all remedies available under state and local law to enjoin such actions of the District. V. FINANCIAL PLAN This Article V describes the nature, basis, method of funding and debt and mill levy limitations and other financial requirements and restrictions for the District's public improvements program and operations. Together with the Financing Plan attached hereto as Exhibit G and further described below, this Article V constitutes the financial plan for the District as required by § 32-1-202(2)(b), C.R.S. The Financing Plan, consisting of the Cash Flow Forecast and Projected Assessment Valuation, includes a summary of forecast assumptions. The Financing Plan includes estimated operations, administration costs (including estimated costs of warranty maintenance), proposed indebtedness and estimated interest rates and discounts and other major expenses related to the organization and operation of the District. The Financing Plan projects the issuance of the i debt and the anticipated repayment based on the development assumptions (including market projections and absorption forecasts set forth therein) for property within the boundaries of the District. The Financing Plan demonstrates that, at the projected level of development, and with the projected Developer support, the proposed District has the ability to finance the facilities identified herein, and will be capable of discharging the proposed indebtedness on a reasonable basis. 15 a. General. The provision of improvements and facilities by the proposed District will be financed through the issuance of general obligation bonds or developer bonds (the "District Bonds"), secured by the ad valorem taxing authority of the proposed District and other District revenues. The Financing Plan anticipates the issuance of one (1) or more series of District Bonds. The term of any District Bonds issued by the District shall not exceed thirty (30) years. The combined estimated cost of the public improvements needed for the entire project with a portion to be financed by the District is Three Million, Three Hundred Ninety -Six Thousand, Nine Hundred Sixty Four Dollars and One Cent ($3,396,964.01), which exceeds the estimated debt capacity of the District. The District has the capacity to issue District bonds in the aggregate principal amount of approximately Two Million Nine Hundred Thousand Dollars ($2,900,000.00). Accordingly, it is currently anticipated that the bond proceeds will be insufficient to allow for repayment of a portion of the capital infrastructure costs of the District, which will be contributed by the Developer or other sources; however, if the financing capability of the District or alternative sources of revenue are made available to the District and those changes in District revenue sources will permit additional repayment in the future (due to higher than anticipated assessed values, lower interest rates, greater sources of revenue to the District, or any other circumstance), the District may agree to repay the Developer for unreimbursed public infrastructure costs so long as the District has the capacity to make such payments without exceeding the debt limit or Mill Levy Limit provided in this Service Plan, subject to all other requirements of Article V.h., below. Payments made to the Developer by the District are expected to be made principally from Bond proceeds and shall not exceed the amount advanced or financed by the Developer for capital costs of District public improvements. The Financial Planners and Consultant's Forecasted Cash Surplus Balance and Cash Receipts and Disbursements in Exhibit G do not include the above -described Developer contribution to the costs 16 of public improvements or other alternative sources of revenue which may be used to finance capital improvement costs related to the District. b. Debt Issuance. . The District shall be allowed to issue developer bonds after approval of the Service Plan and completion and Conditional Acceptance by the Town of all public improvements required to service the Property within .the District and Mountain Shadows Subdivision Filing No. 2. Additional District Bonds may be issued in the future consistent with and in compliance with the Service Plan as amended, Town Code and applicable law, but not in excess of the debt limitation as authorized by the Service Plan. (i) Maximum Debt Authorization. The District intends to issue District Bonds in one or more series in the aggregate principal amount of approximately Two Million, Nine Hundred Thousand Dollars ($2,900,000), provided, however, that if other forms of revenue sharing, cost sharing or cost reimbursement becomes available and contributed to, by or on behalf of the District, or as a District revenue source in the future, the District shall issue debt that is financially feasible and able to be discharged pursuant to the parameters provided in this Service Plan. The aggregate principal amount of all District Bonds, debt and forms of borrowing by the District, throughout the District's existence and regardless of subsequent payments and discharges, shall be limited to a total of Three Million One Hundred Ninety Thousand Dollars ($3,190,000) unless otherwise approved by the Town (the "debt limit"); except to the extent otherwise provided in Article V.g., with respect to refunding bonds and in Article V.h., with respect to construction financing notes (i.e., notes or other financial obligations, if any, issued by the District to the Developer to evidence the District's obligation to repay the Developer's advances or financing of capital improvements or for construction costs). 17 (h) Developer Bonds. The District shall be allowed to issue developer bonds after formation of the District and completion and Conditional Acceptance by the Town of all public improvements required to service property within the District and Mountain Shadows Subdivision Filing No. 2. Additional District Bonds secured by the ad valorem taxing authority of the proposed District and other District revenues may be issued in the future consistent with and in compliance with the Service Plan (as may be amended from time to time), in compliance. with Town Code and applicable law, but not in excess of the debt limit as authorized by this Service Plan. Developer bonds shall be subordinate to any other District secured debt. All issuance of District Bonds and all other forms of borrowing by the District, throughout the District's existence and regardless of subsequent payments and discharges, shall be limited to the debt limit provided in Section V.b.(i); except to the extent otherwise provided in Article V.g with respect to refunding bonds and in Article V.h with respect to construction financing notes (i.e., notes or other financial obligations, if any, issued by the District to the Developer to evidence the District's obligation to repay the Developer's advances for construction, organization and formation costs). Any other Developer reimbursement notes or debt shall be subordinate to any other District bonds. Developer bonds shall be issued only to the Developer, or one of their related affiliates, successors, heirs and assigns. (iii). Bond Issuance. The District may issue District Bonds after formation of the District and completion and Conditional Acceptance by the Town of all public improvements required to service the property within the District and Mountain Shadows Subdivision Filing No. 2. The Developer expects that issuance of such District Bonds as provided herein would be made on the basis that there is a reasonable likelihood that projected firture development will occur and will result in increased assessed valuation levels to support payment of such bonds within a 30 year period of 18 time from the date of issuance. As set forth in Exhibit G, the District's Financial Planners and Consultants have indicated that issuance of certificates of occupancy and building permits are generally accepted lending criteria for special district debt, and that necessary development thresholds will evidence sufficient development activity within the District to support repayment of the corresponding debt. C. Required Transfer of Capital Improvement Funds to the Town. The District will pay to the Town for deposit into the To Ws capital improvement fiand a total of 15% of the gross amount of bonds issued, up to a maximum of Four Hundred Thirty -Five Thousand Dollars ($435,000), which amount shall be paid to the Town concurrently or prior to and as a condition of the issuance and delivery of the first series of any District Bonds, including developer bonds, or the issuatce of any construction financing notes to the Developer. District Bonds shall be issued by October 31, 2015. Notwithstanding anything in this Service Plan to the contrary, the deadline set forth for bond issuance may be extended for all periods of delay caused by events that are beyond the reasonable control of the District, including, without limitation, limited availability of materials and labor, unusually adverse weather conditions, acts of God, acts of war, acts of terrorism, or delays in issuing approvals or permits by any Governmental Agency. With Town approval, such contribution may alternatively be paid by the Developer to the Town but, in such case the Town and the Developer will amend the subdivision improvement agreement for Mountain Shadows Subdivision Filing No. 2 to provide that this Town contribution shall be paid to the Town's capital improvement fund directly by the Developer prior to the issuance of any District bonds, including developer bonds, or any construction financing notes to Developer. The contribution to the Town capital improvement fund shall be used by the Town to finance improvements (whether inside or outside the boundaries of the District) that the Town and the District would otherwise be empowered to construct, and for which the District is authorized to 19 incur indebtedness (Le., streets, street lighting, traffic safety controls, sanitary sewer, water, landscaping, storm drainage or park and recreation improvements and facilities), which improvements shall be of benefit to the Town and the District. The District aclmowledges that the foregoing provisions for payment of this Town contribution to the Town's capital improvements fund for capital improvements are material considerations in, and conditions of the Town's approval of this Service Plan, and the Town has relied thereon in approving this Service Plan. The District shall not issue District Bonds, including developer bonds, or any construction financing notes to Developer, without there having been delivered to the Town concurrently with or prior to such issuance capital improvement contribution funds totaling 15% of the gross amount of bonds issued, up to a maximum of Four Hundred Thirty - Five Thousand Dollars ($435,000), and such delivery to the Town of funds concurrently with or prior to such issuance shall be a condition of issuance for such District Bonds, including developer bonds, or any construction financing notes to Developer. District Bonds shall be issued by October 31, 2015. Notwithstanding anything in this Service Plan to the contrary, the deadline set forth for bond issuance may be extended for all periods of delay caused by events that are beyond the reasonable control of the District, including, without limitation, limited availability of materials and labor, unusually adverse weather conditions, acts of God, acts of war, acts of terrorism, or delays in issuing approvals or permits by any Governmental Agency. Further, the District shall not be authorized to incur any financial obligations of any kind or perform any other functions authorized under this Service Plan until the governing body of the District, upon formation thereof; has executed: (1) the intergovernmental agreement provided for in Article = and Exhibit N, with such amendments as the parties may mutually agree, stating its i agreement to comply with the provisions of this Article V.c.; and (2) the District indemnity letter provided for in Part II of Exhibit I. 20 A d, Other Financial Restrictions, Limitations and Requirements, Resources The District shall request voter authorization for such amount of general obligation debt as the District deems sufficient to allow for allocation of the amounts deposited in the Town's capital improvements fund (as described in Article V c., above) among the District's powers, unforeseen contingencies, increases in construction costs due to inflation and all costs of issuance, including capitalized interest, reserve funds, discounts, legal fees and other incidental costs of issuance and other available revenue sharing, cost sharing or cost reimbursements available to the District now or in the future; provided, however, that the amount of general obligation debt (together with construction financing and developer bonds notes) actually issued by the District shall not exceed the debt limitation of Three Million, One Hundred Ninety Thousand Dollars ($3,190,000) as stated in Article V.b., above. All bonds of the District will be sold for cash. The authorized maximum voted interest rate is fifteen percent (15%) per annum and the maximum underwriting discount is four percent (4(/1o) of bond principal. The actual interest rates and discounts, within such maximum voted amounts, will be determined at the time the bonds are sold by the District and will reflect market conditions at the time of sale; provided, however, that the actual interest rate shall not exceed Five Hundred (500) basis points above the Thirty (30) year `AAA.' Municipal Market Data rate in effect at the time the bonds are sold. Estimated interest rates used in Exhibit G are based on information furnished by the Developer. In the event bonds are issued at an interest rate higher than the estimated rates used in Exhibit G, the principal amount of bonds will be reduced so as to result in total debt service payments approximately equal to those projected in Exhibit G, and so that debt service on the bonds can be paid from the revenue sources contemplated in this Service Plan. If actual increases in District assessed valuation are less than the projected increases for those factors as shown in the Exhibit G forecasts, it is expected that the District would compensate by 21 increasing its mill levy (subject to the Limited Mill Levy) or reducing the principal amount of the bonds issued. The Developer acknowledges and accepts the risk that, if all or a part of the District Bonds proposed to be issued by the District are not issued, because of changes in financial conditions or for any other reason, the Developer may not be paid or reimbursed for the cost of public improvements or other advances to the District. No bonds issued by the District shall provide for acceleration as a remedy upon default, unless the District has received the prior written administrative approval of the Town, which approval may be granted only by the Town Manager or the Board of Trustees. Except as provided below, with respect to notes issued to the Developer for construction financing, this Service Plan authorizes only the issuance of District Bonds within the above stated limits, and subject to the provisions as to the Limited Mill Levy as set forth below. The District may be authorized to issue certificates, debentures or to enter into lease -purchase transactions, only upon approval of an amendment to this Service Plan, and such an amendment shall be considered a material modification of the Service Plan. The District does not anticipate the imposition of development fees or user charges, and the District is not authorized to impose any taxes other than ad valorem property taxes as provided in this Service Plan. The District may be authorized to impose development fees, user charges or taxes other than ad valorem property taxes only upon the prior written approval of the Board of Trustees. All bonds of the District shall be structured utilizing a commercial bank with trust powers as trustee to Iold the bond proceeds and debt service funds and to pursue remedies on behalf of the bondholders. Any bonds issued by the District pursuant to this Service Plan shall be in compliance with all applicable legal requirements, including without limitation § 32-1-1101(6) and article 22 59 of title 11, C.R.S., and shall be approved by nationally recognized bond counsel. An opinion shall also be obtained from bond counsel or counsel to the District that the bonds comply with all requirements of this Service Plan. C. Limited Mill Lew. "Limited Mill Levy" shall mean an ad valorem mill levy (a mill being equal to 1/10 of $.01) imposed upon all taxable property in the District each year in an amount sufficient to pay the principal of, premium if any, and interest on the bonds as the same become due and payable, and to make up any deficiencies in any debt service reserve for the bonds, but, together with all other District mill levies (including, without limitation, all mill levies for administration, maintenance, and other operating expenses), such mill levy shall not exceed fifty (50) mills; provided, however, that in the event of changes in the ratio of actual valuation to assessed valuation for residential real property, pursuant to Article X, section 3(1)(b) of the Colorado Constitution and legislation implementing such constitutional provision, the fifty (50) mill levy limitation provided herein will be increased or decreased (as to all taxable property in the District, including both residential and commercial property) to reflect such changes so that, to the extent possible, the actual tax revenues generated by the mill levy, as adjusted, are neither diminished nor enhanced as a result of such changes ("Gallagher adjustment"). Limited Mill Levy shall be an enforceable limit on all District mill levies for debt service purposes. f. Investor Suitability. Except as provided below in this Article VI as to rated bonds, the District's bonds shall be issued only to financial institutions, institutional investors or qualified investors within the meaning of § 32-1- 1101(6)(a)(N), § 32-1-103(6.5) and § 11-59-103(8), C.R.S. The District shall provide for and shall utilize mechanisms and procedures for transfers and exchanges of bonds which are reasonably designed to insure continuing compliance with such limitation of 23 Wes to institutional investors. If the District's bonds are rated in one of the four highest investment grade rating categories. by one or more nationally recognized organizations which regularly rate such obligations, compliance with the institutional investor limitation set forth above shall not be required. Developer bonds may be issued to MSP Corporation, a Colorado corporation, its affiliates, subsidiaries, heirs, successors or assigns (collectively, the "Developer"). The actual amount of the bonds issued will be subject to assessed valuations and market conditions as they exist at the time of issuance of bonds, and will be issued only in compliance with the above -stated debt limit and other applicable requirements and restrictions of the Service Plan. Privately placed Developer bonds shall have no -call protection, and no -call protection shall exceed a period of five (5) years from the date of initial issuance. g. Refunding bonds. General obligation refunding bonds may be issued by the District to defense original issue District Bonds in compliance with applicable law, but any such refunding shall not extend the maturity of the bonds being refunded nor increase the total debt service thereon and shall meet the requirements of § 32-1-1101(6)(a), C.R.S. Refunding bonds shall not be subject to the debt limit stated in Article V.b., above, provided that such refunding bonds demonstrate net present value debt service savings; but if such refunding bonds do not demonstrate net present value debt service savings, any increase in principal amount of the refunding bonds over the principal amount of bonds being refunded shall be subject to such debt limit. Any issuance of refunding bonds must comply with. Article VI, above ("Investor Suitability"). Except to the extent expressly provided in this Article V all limitations,. restrictions and requirements of this Service Plan with respect to general obligation bonds of the District shall be applicable to refunding bonds, including, without limitation, Limited Mill Levy, debt limit, maximum interest rate, maximum discount, maximum term, prohibition on acceleration, bank trustee requirement and opinion requirements, however, if the District's bonds are rated in one of the four highest 24 investment grade rating categories by one or more Nationally recognized organizations which regularly rate such obligations, compliance with the institutional investor limitation set forth above shall not be required. h. Construction Financing Notes Issued to Developer. The District may issue construction financing notes to the Developer to evidence the District's obligation to reimburse the Developer's advances for construction costs; any Developer advances which are not so reimbursed shall`be treated as Developer contributions as described in Article Va., above. Such notes shall be subject to the following restrictions set forth above for general obligation bonds: Limited Mill Levy, debt limitation, interest rate limitations, maximum term, prohibition on acceleration, and opinion as to Service Plan compliance; but such notes shall not be subject to the above -stated bank trustee requirement, minimum denomination, or bond counsel opinion requirements. The repayment of construction financing notes from proceeds of an equal or lesser principal amount of the District's bonds shall not be treated as an increase in the principal amount of District debt for purposes of the debt limit under this Service Plan. Such notes shall not be general obligations of the District (see Exhibit G), shall be issued only to the Developer (and therefore shall not be subject to any underwriting discount), and shall not be transferred, assigned, participated or used as security for any borrowing. The Developer hereby represents that it is an accredited investor, as that term is defined under §§ 3(b) and (4)(2) of the federal "Securities Act of 1933" by regulation adopted thereunder by the Securities and Exchange Commission, and the Developer agrees that it will also be such an accredited investor if and when it acquires such notes. Such notes shall be paid from proceeds of the District`s general obligation bonds (when and if received by the District, and subject to prior payment of amounts payable to the Town as provided in Article V.c., above); otherwise the notes will be unsecured obligations of the District. To the extent that any of such notes are outstanding when the District's general obligation bonds are also outstanding, payments on the notes may be made only if such 25 payments do not adversely affect the District's ability to pay its general obligation bonds. The Developer solely assumes the risk of nonpayment or other default on such notes, including, without limitation, delay, inability or failure of the District to sell or issue its general obligation bonds. L Identification of District Revenue, The District will impose a mill levy on all taxable property in the District as the primary source of revenue for repayment of debt service and for operations and maintenance. The mill levy imposed by the District for debt service and administration, warranty maintenance and other operating expenses purposes shall not exceed fifty (50.000) mills, except for Gallagher adjustments permitted under Article V.e., above. Although the mill levy imposed may vary depending on the phasing of facilities anticipated to be funded, it is estimated that a null levy of approximately fifty (50.000) mills will produce revenue sufficient to support debt service and administration, warranty maintenance and other operating expenses throughout the repayment period. j. Security for Debt. The District will not pledge any Town funds or assets for security for the indebtedness set forth in the Financing Plan of the District. k. Services of District. The District will require sufficient operating funds to plan and cause the public improvements to be constructed. The costs are expected to include: organizational costs, legal, engineering, accounting and debt issuance costs, compliance with warranty obligations, compliance with state reporting and other administrative requirements. The first year's operating budget (for 2013) is estimated to be Twenty -Five Thousand Dollars ($25,000.00). The operating budget amounts shown in Exhibit G are expected to be sufficient to enable the District to comply with its warranty obligations as described in Article Mg., above. Until the District 26 receives sufficient revenue from ad valorem taxes and other District sources, funds for District organizational costs, operations and administration will be contributed by the Developer. 1. Oninuuennial Review. Pursuant to § 32-1-1101.5, C.R.S., the District shall submit application for a quinquennial finding of reasonable diligence in every fifth (5t) calendar year after the calendar year in which the District's ballot issue to incur general obligation indebtedness is approved by its electorate. Upon such application, the Board of Trustees may accept such application or hold a public hearing thereon and take such actions as are permitted by law. The District shall be responsible for payment of the Town consultant and administrative costs associated with such review, and the Town may require a deposit of the estimated costs thereof The Town shall have all powers concerning the quinquennial review as provided by statutes in effect from time to time. M. Letters. There is attached hereto as Exhibit H a letter from legal counsel for the District stating that the petition for organization of the District, this Service Plan, notice and hearing procedures in connection therewith, and provisions thereof (including without limitation provisions as to the District's bonds, fees and revenue sources) meet the requirements of titles 11 and 32, C.R.S., and other applicable law. VL LANDOWNERS'OBLIGATIONS AS TO PUBLIC EffROVENIENTS The creation of the District shall not relieve the Developer, the landowner or any subdivider of property within the District, or any of their respective successors or assigns, of obligations to construct public improvements for the Mountain Shadows development; of the obligation to enter into an amendment to the Mountain Shadows Filing No. 2 Subdivision Improvement Agreement, for payment to the Town of the Developer's contribution to the Town as set forth in Section V.c (if such 27 payment is to be made by the Developer rather than the District); of obligations to provide to the Town letters of credit as required by the Town to ensure the . completion of such public improvements, or of any other obligations to the Town under Town ordinances, rules, regulations or policies, or under other agreements affecting the property within the District or the Mountain Shadows development, or any other agreement between the Town and the Developer (or any such landowner, subdivider or successors or assigns). VIL ANNUAL REPORT The District shall be responsible for submitting an annual report to the Town within one hundred twenty (120) days from the conclusion of the District's fiscal year. Failure of the District to submit such report shall not constitute a material modification hereof; unless the District refuses to submit such report within thirty (30) days after a written request from the Town to do so. The District's fiscal year shall end on December 31' of each year. The content of the annual report shall include information as to the following matters which occurred during the year: a. Boundary changes made or proposed; b. Intergovernmental Agreements entered into or proposed; C. Changes or proposed changes in the District's policies; d. Changes or proposed changes in the District's operations; e. Any changes in the financial status of the District including any issuance of financial obligations or any change in revenue projections or operating costs; £ A summary of any litigation and notices of claim involving the District; g. Proposed plans for the year immediately following the year summarized in the annual report; 28 h. Status of construction of public improvements; L The current assessed valuation in the District; and j. A schedule of all taxes imposed and tax or other revenues received in the report year, and proposed taxes to be imposed, and identified revenues to be received in the following year and the revenues raised or proposed to be raised therefrom. The foregoing list shall not be construed to excuse the requirement for prior written Town approval of those matters that are considered material modifications of this Service Plan or for any other required Town approval. The annual report shall be signed by the President and attested by the Secretary of the District. Along with the annual report, and at any more frequent intervals as reasonably requested by the Town, the District shall provide to the Town a currently dated and written certificate, signed by the President and Secretary of the District, certifying that the District is in full compliance with this Service Plan. If the District is not in full compliance with this Service Plan, the certificate shall include a detailed statement describing such noncompliance, and the District shall cooperate fully with the Town in providing further information as to, and , promptly remedying, any such noncompliance. The Town reserves the right, pursuant to § 32-1-207(3)(c), C.R.S., to request reports from the District beyond the mandatory statutory five (5) year reporting report. In addition to the foregoing, the District shall cooperate with the Town by providing prompt responses to all reasonable requests by the Town for information, and the District shall permit the Town to inspect all public improvements and facilities and all books and records of the District. 29 VIII, DISSOLUTION Promptly when all of the general obligation bonds to be issued by the District have been paid (or when provision for payment thereof has been made through establishment of an escrow as provided by § 32-1-702(3)(b), C.R.S.), the District will so notify the Town and will cooperate fully with the Town in taking all steps necessary under then applicable law to dissolve the District (including, without limitation: formulating a plan of dissolution; executing the District's consent to dissolve pursuant to § 32-1-704(3)(b), C.R.S.; making any necessary agreements I as to continuation or transfer of warranty maintenance and other services, if any, which are then being provided by the District; submitting a petition for dissolution to the District Court; and, conducting any required dissolution election). In addition, at any time after the District has issued all of its general obligation bonds (excluding refunding bonds) as contemplated by the Financial Plan, upon the Town's request, the District will cooperate fully with the Town to dissolve the District pursuant to a plan for dissolution stating that there are outstanding financial obligations and providing that the District will continue in existence (with the Town Board of Trustees serving as the District Board of Directors if the Town so elects) to such extent as is necessary to adequately provide for the payment of such financial obligations, as provided in §§ 32-1-702(3)(c) and 32-1- 707(2)(c), C.R.S. Also, on or after December 31, 2020, if the District has not issued any of its general obligation bonds, the Town shall have the right to require the District to dissolve in accordance with applicable law, and the District will cooperate fully with the Town to dissolve the District. To the maximum extent permitted by law, the above -stated agreements to cooperate in dissolution of the District shall be binding on the undersigned. Developer and other landowners signing the Consent contained in Exhibit D to this Service Plan (together constituting the owners of 30 one hundred percent (1001/6) of the land in the District) and shall also be binding on their successors in tide to any and all land in the District (including the nominees for the initial Board of Directors set forth in Article X hereof and succeeding directors who own land within the District); and such agreements shall obligate all such persons to cooperate fully with the Town as described above, including without limitation, the signing of petitions, execution of consents, and voting in favor of dissolution in any required election. The District shall not file a request with the District Court to consolidate with another, district without the prior written approval of the Board of Trustees. X, ELEG"I'fONS Following approval of this Service Plan by the Town, and after acceptance of the organizational petition and issuance of orders from the District Court, elections on the questions of organizing the District and approving bonded indebtedness and various agreements described herein, including the intergovernmental agreement between the Town and the District contemplated in. Article M and Exhibit L hereof, will be scheduled. All elections will be conducted as provided in the court orders, the Uniform Election Code of 1992 (as amended by House Bill 93-1255 and as otherwise amended from time to time), and Article X §20 of the Colorado Constitution (the "TABOR Amendment"), and are currently planned for November 2013, but may be held on any legally permitted date. The election questions are expected to include whether to organize the District, election of initial directors, and TABOR Amendment ballot issues and questions. Thus, the initial ballot may deal with the following topics (in several questions, but not necessarily using the exact divisions shown here): 31 a. Whether to organize the District, b. Membership and terms of the initial board members, C. Approval of new taxes, d. Approval of maximum operational mill levies, e. Approval of bond and other indebtedness limits, Approval of an initial property tax revenue limit, g. Approval of an initial total revenue limit, h. Approval of an initial fiscal year spending limit, and L Approval of a four (4) year delay in voting on ballot issues. Ballot issues may be consolidated as approved in court orders. The petitioners intend to follow both the letter and the spirit of the Special District Act, the Uniform Election Code and the TABOR Amendment during organization of the District. Future elections to comply with the TABOR Amendment may be held as determined by the elected Board of Directors of the District. The following persons, who are or will be owners of property within the District, are anticipated to be nominated for the initial board of directors of the District: Marcus Palkowitsh c/o MSP Corporation 720 S. Colorado Blvd. Suite 940 — North Tower Denver, Colorado 80246 (303) 399-9804 John. Will c/o MSP Corporation 720 S. Colorado Blvd. Suite 940 —North Tower Denver, Colorado 80246 (303) 399-9804 32 Chad Rodriguez c/o MSP Corporation 720 S. Colorado Blvd Suite 940 —North Tower Denver, Colorado 80246 (303) 399-9804 Eugene Coppola 9323 Enninedale Drive Lone Tree, Colorado 80124 Robert R. Graft Box 82,1478 North Highway 83 Franktown, Colorado 80116 XI. INDEMNITIES The fully executed MSP Corporation Indemnity Letter attached hereto as Part I of Exhibit I is submitted by the Developer to the Town as part of this Service Plan. The form of the District Indemnity Letter attached hereto as Part II of Exhibit I shall be executed by the District and delivered to the Town immediately upon formation of the District. The District shall not incur any financial obligations of any kind or otherwise perform any functions authorized under' this Service Plan until the District Indemnity Letter has been duly executed by the District and delivered to the Town. The execution of such Indemnity Letters are material considerations in the Town's approval of this Service Plan, and the Town has relied thereon in approving this Plan. MI. DISCLOSURE AND DISCLAIMER; NO THIRD -PARTY RIGHTS The District will also record a statement against the property within the District which will include notice of the existence of the District, anticipated mill levy and maximum allowed mill levy. The form of the notice is attached hereto and incorporated herein as Exhibit J, subject to any changes requested by the Town in the future. In addition, there is attached hereto as Exhibit K a form of the Town's disclaimer statement. The District shall conspicuously include this disclaimer statement, or any modified or substitute statement hereafter furnished by the Town, in all offering materials used in connection with any bonds or other financial obligations of the District (or, if no offering materials are used, the District shall deliver the disclaimer statement to any prospective purchaser of such bonds or financial obligations). No changes 33 shall be made to the disclosure and the disclaimer set forth in Exhibits 3 and K, respectively, except as directed by the Town. Neither this Service Plan, the intergovernmental agreement to be entered into between the Town and the District as described in Article XHI below, nor any other related agreements shall be construed to impose upon the Town any duties to or confer any rights against the Town upon, any bondholders, investors, lenders or other third parties. XHI. INTERGOVERNMENTAL AGREEMENTS The District shall enter into an intergovernmental agreement with the Town which shall be in substantially the form set forth in Exhibit L. The District shall execute and deliver the intergovernmental agreement to the Town immediately upon formation of the District. The District shall not incur any financial obligations of any kind of otherwise perform any functions authorized under this Service Plan until the intergovernmental agreement has been executed and delivered to the Town. The execution of such Agreement is a material consideration in the Town's approval of this Service Plan, and the Town has relied thereon in approving this Plan. No other intergovernmental agreements are proposed at this time. Any intergovernmental agreements proposed regarding the subject matter of this Service Plan shall be subject to review and approval by the Board of Trustees prior to their execution by the District. Failure of the District to obtain such approval shall constitute a material modification of this Service Plan. XIV. CONSERVATION TRUST FUND The District shall not apply for or claim any entitlement to funds from the Conservation Trust Fund which is derived from lottery proceeds, or other funds available from or through governmental or nonprofit entities for which the Town is eligible to apply. The District shall remit to the Town any and all conservation trust funds which it receives. 34 XV. MODIFICATION OF SERVICE PLAN The District shall obtain the prior written approval of the Town before making any material modifications to this Service Plan. Material modifications require a Service Plan amendment and include modifications of a basic or essential nature, including, but not limited to, the following: 1.: Any change in the stated purposes of the District or additions to the types of facilities, improvements or programs provided by the District; 2. Any issuance by the District of financial obligations not expressly authorized by this Service Plan, or under circumstances inconsistent with the District's financial ability to discharge such obligations as shown in the build out, assessed valuation and other forecasts contained in Exhibit G, or any change in debt limit, change in revenue type (including, without limitation, the imposition of any tax other than ad valorem property tax as. provided in this Service Plan) or change in maximum mill levy (except for any necessary Gallagher adjustment as provided in Article V .e above); 3. Any change in the types of improvements or change of more than fifteen percent (15%) in the estimated costs of improvements from what is stated in Exhibit E of this Service Plan; 4. Failure by the District to comply with the requirements of Article V.c. of this Service Plan or Section b of the intergovernmental agreement (the form of which is attached hereto as Exhibit L) concerning transfer of bond proceeds to the Town; or 5. Failure by the District to enter into the intergovernmental agreement (the form of which is attached hereto as Exhibit L) or failure to execute and deliver the District indemnity 35 letter (the form of which is attached hereto as Exhibit I Part II) immediately upon the District's formation as provided in Articles X and XI, respectively, of this Service Plan; d. Failure to comply with the requirements of this Service Plan concerning the dedication of improvements or the acquisition and conveyance of lands or interests in land; 7. The failure of the District to develop any capital facility proposed in its Service Plan when .necessary to service approved development within the District; 8. Any proposed use of the powers set forth in §§ 32-1-1101(1)(0 and 1101(1.5), C.R.S., respecting division of the District; 9. The occurrence of any event or condition which is defined under the Service Plan or intergovernmental agreement as necessitating a service plan amendment; 10. The default by the District under any intergovernmental agreement; 11. Any of the events or conditions enumerated in § 32-1-207(2), C.R.S., of the Special District Act; or 12. Any action or proposed action by the District which would interfere with or delay the planned dissolution of the District as provided in Article VIII hereof. (The examples above are only examples and are not an exclusive list of all actions which may be identified as a material modification). The District will pay all reasonable expenses of the Town, its attorneys and consultants, as well asp the Town's reasonable processing fees, in connection with any request by the District for modification of this Service Plan or administrative approval by the Town of any request hereunder. The Town may require a deposit of such estimated costs. XVI. FAILURE TO COMPLY WITH SERVICE PLAN In the event it is determined that the District has undertaken any act or omission which violates the Service Plan or constitutes a material departure from the Service Plan (including, S without limitation, any material modification of the Service Plan as described in Article XV which is not duly authorized by the Town), the Town may utilize the remedies set forth in the statutes to seek to enjoin the actions of the District, or may withhold issuance of any permit, authorization, acceptance or other administrative approval for the Mountain Shadows development, or may pursue any other remedy available at law or in equity, including affirmative injunctive relief to require the District to act in accordance with the provisions of this Service Plan. The District shall pay any and all costs, including attorneys' fees, incurred by the Town in enforcing any provision of the Service Plan. To the extent, permitted by law, the District hereby waives the provisions of § 32-1-207(3)(b), C.R.S. and agrees it will not rely on such provisions as a bar to the enforcement by the Town of any provisions of this Service Plan, XVII. RESOLUTION OF APPROVAL The Developer and other proponents of the proposed District agree to and shall incorporate the Board of Trustees' Resolution of Approval, including any conditions on such approval, into the Service Plan presented to the appropriate district court. Such resolution shall be attached as Exhibit M. If any portion of this Service Plan is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not cause the entire Service Plan to be terminated. Further; with respect to any portion so held invalid or unenforceable, the District and Town agree to pursue a Service Plan amendment or take such other actions as may be necessary to achieve to the greatest degree possible the intent of the affected portion. 37 XIX. CERTIFICATION This Service Plan is submitted to the Town by the undersigned on behalf of the Developer, which is the District petitioner, and with the consent of all owners of all private property within the boundaries of the proposed District. The undersigned will cause written notice of the Town's hearing on the proposed Service Plan to be duly given to all "interested parties" within the meaning of § 32-1-204, C.R.S., and will or has caused all other required filings to be made and all other applicable procedural requirements to be met. Therefore, it is hereby respectfully requested that the Town Board of Trustees of the Town of Firestone, Colorado, which has jurisdiction to approve this Service Plan by virtue of Section 32-1-204.5., et seq., as amended, adopt a resolution of approval which approves this Service Plan for the Mountain Shadows Metropolitan District as submitted. 0 & Bro*n, P.C. M David S. O'Leary Counsel to proponents for the Mountain Shadows Metropolitan District 38 E3a"rr A Legal Description 39 Mountain Shadows Subdivision Filing No. 2 Legg Description: A parcel of land located in the East Half of Section 1, Township 2 North, Range 68 West of the Sixth Principal Meridian, Town of Firestone, County of Weld, State of Colorado being all of the property described on the plat titled "Mountain Shadows Subdivision Filing No. 2" recorded in the office of the Weld County Clerk and Recorder on August 1, 2013 at Reception No. 3952378, containing 1,726,080 sq. fL or 39.625 acres more or less. E3CMrr B Boundary Map 40 EXHIBIT C Vicinity Map 41 EXHIBIT C W,C,R. 26 MOUNTAIN SHADOWS FILING NO. 2 MOUNTAIN SHADOWS FILING NO, 1 FIRESTONE BLVD. J m C) rY 0 J U EXHIBIT D Property Owners' Consents 42 MSP CORPORATION 720 S. Colorado Boulevard, Suite 940 -North Tower Denver, Colorado 80246 December 2013 Board of Trustees Town of Firestone 151 Grant Ave. Post Office Box 100 Firestone, CO 80520 RE: Proposed Mountain Shadows Metropolitan District (the "District' To the Board of Trustees: MSP Corporation is the owner of the property, excluding rights of way and tracts dedicated to the Town, attached hereto as Exhibit A, which property comprises the Mountain Shadows Subdivision Filing No. 2 and is proposed to constitute the boundaries of the District. The purpose of this letter is to advise that the property owner consents to the organization of the District MSP CORPORATION A Colorado Corporation t By: Mat us 15alkowitsh, President STATE OF COLORADO ) } ss. COUNTY OF A o(r } On thisrr- day of QW03VIOV 2013, before me, a Notary Public, personally appeared Marcus Palkowitsh in his capacity as President of MSP Corporation, a Colorado corporation, to me known to be the person descAbed in and who executed the foregoing instrument, and acknowledged that he executed the same in the indicated capacity as his free act and deed Witness my hand and seal of office. �M. p ` mmissian expires: -Q-Q- No Public AUsue Qa EXHIBIT E Engineering Estimates 43 NORTHERN aoaniss: pHONE:970.221.4158 wt:sSiTE; ENGINEERING 2005, { INle Ave. Suite 10 wwana therm Wr a ftam Fort Coffins, CO 30524 FAX: 970, 221.4169 November 26, 2013 Town of Firestone 151 Grant Street Firestone, Colorado BOS20 RE: Proposed Mountain Shadows Metropolitan District Staff, 1, Roger A Curtiss, a Registered Professional Engineer in the State of Colorado, have reviewed the Mountain Shadows Metropolitan District Public improvements Estimate of Probable Construction Costs within the proposed Mountain Shadows Metropolitan District area as prepared by MSP Corporation. This estimate was based on the following assumptions: I. The quantities and unit costs for each Item are based on an estimate(s) of Improvements plans for Mountain Shadows Filing No. 2 by J3 Engineering dated 7-25- 06 (last revision). White the most current version of the site improvement plans by Northern Engineering is different than the approved J3 version, the unit costs for the Improvements are valid, and the quantities for the proposed public Improvements have been also adjusted to represent the current site configuration. Based on the above assumption, I believe the Public Improvement Estimate of Probable Construction Costs contained within the Service Plan for Mountain Shadows Metropolitan District is reasonable for the public improvements portion of the project per the proposed utility plans for Mountains Shadows dated October 2013, by Northern Engineering Services, Inc. Roger A Curtiss, P.E. Northern Engineering Services, Inc. MOUNTAIN SHADOWS HUNG NO. 2, FIRESTONE, CO 154 LOTS Cost Item Code Ikstri Ilon QtV. tlnk UnR Price cost COSTS P81ORTO CONSTAUCTHIN 1 3.01-0000 ENGINEERING FEES FOR PUBLIC IMPROVEMENTS a 3.01-0000 MIE needs rve ills 97 Otl $ 97 Subtotal[ "A00.00 COSTS PRIOR TO CONSTRUCTION SUBTOTAL 97 000.00 CONSTRUCTION COSTS 3 4-K 0010 laffilSTRUCTION PM ECiION FEES FOR PUBLIC IMPROVEMENTS a 4.01-0010 Duos of FkesWm 1 fs $ 30,000.00 $ 30AD0.00 b 4.0MIO SL Vraln Sanitation DlsWct 1 is $ 7A00.00 $ 7,000.00 Subtotal $ 37 00.00 4 3-01-0000 JCONsTRUcnON ENGINEERING/SURVEYING a 3-01-M20 Construction Englneefing 1 is $ 1GAM.00 $ 10,000.00 b 3.01-WSO Construction Survay ing 1 R 5 45,0=00 $ 45,000.00 c 3.01-0300 Geaft Testln 1 is $ 45,000.00 $ 45000.00 Subtotal .00 5 6.01.0100 EROSION CONTROL a 6.01-0100 Mobillzatlan 4 Is $ 11100.00 $ 4,4WM b 6.0i-0300 Sift Fence 12,450 If S 2.50 $ 17,175.00 C 6-M-0100 Vehicle TratldngCoatrol 9 ea $ 2,000.00 $ 1B4O00.00. d 6.01-MOO Concrete Washout 3 ea $ 850.00 $ 2,550.00 e 6.01-0100 InletProtectlon 7 ea $ S00.00 $ 3,500.00 f 6.01-MOO Outlet Prot# don 1 ea $ 200.00 $ 200.00 fI 6-01-0100 Isead W 1u % crime 37 ac L $1,40A00 1 $ 52,360.00 Subtotal T I is 98,185.00 6 6-01-0000 EARTHWORK a 6.01.0125 Mobllkatton 4 Is $ 7,400.00 $ 29,WO.00 4 6-01.OW Clear&Grub 4 Is $ 300.00 $ 12,000.00 c 6.01-0325 Strip Topsol I fait 4" toslockpOe 47745 CY $ L60 $ 10,841.49 d 6.01.0125 Earthwork Cut to Nil 16,995 cv S 2.75 46,708 Z0 Subtotal 99,149.69 7 1 6-03-0250 ISANITARYSEWER a &03.0250 Mndlrl:attnn 41s $4,100.00 $ 16,400.00 b M-0250 B" FIVCSDR35 Main 6,286 U $31.00 $ 194,866.00 c 6-03.0250 4" PVCSOR35 SSSerAces 154 ea $890.00 $ 137,05D.00 d 6-03-0250 4' ID Manhole 38 ea $2,150.00 $ 80,70= e 6.03-0250 Tie to E)dsft Main 6 ea $1,8D0.00 $ 10,800.00 Subtotal 440,826.00 8 6-03.0275 ISTORM SEWER a 6.03-0275 60" RCP CL 3 240 If S 180.00 $ a200.00 b 6-03.0275 54" RCP CL3 712 If $ 160.00 $ 113,92MOO c 6-03-027S 48' RCP CL3 964 If $ 125.00 $ 123,000.00 d 6-03-0275 24' RCP CL 3 247 If $ 50.00 $ 12,350.00 e 6.03-M75 18" RCP CL 3 549 If $ 45.0n $ 24,705.00 f 6-03-0275 Box Base Manhole i ea $ 5,3SL00 $ S,9S1.00 g 6.03-M75 6' ID Manhole 13 ea $ 4,184.00 $ 54,392.00 h G03-027S S'ID Manhole 2 ea $ 3,036.00 $ 4072M 1 6-03-0275 15'TVpe R Inlet I ea $ 5,078.E $ 5,078.00 j 6-03.0275 10'TVpe R tole[ 2 ea $ 038.00 5 9.676.00 k &03-0275 S'Type R Inlet 9 ea $ 2,444.00 $ 21,996A0 1 6-03-0275 60" FE5w/Trashrack 1 ea $ 2,853.00 $ 2,85&00 m "3.0275 TIe to Exlsdng4V' RCP ea $ 2,000.00 $ Z,OD0.00 n 6.03-027S Concrete Enem storm joints ea $ 350.00 $ &050.DO a 6 01-0225 e M RI ra J200 sf $ 4.0n so= =Subtotal 433 43.OD 9 6,03-0075 WATER a 6-03-D075 a' PVC Main 7.141 IF 2a60 $ 147,09430 b 6-03-0075 Tieta ExlsHng stub 10 ea $ 452.00 $ 4,520.00 C 6-aDD75 8' Gate Vaive & Box 18 ea $ 1,600.00 $ 2SX040 d 6-OM7S SW Cross 3 ea $ 515.00 $ 1,545.00 a 6-03.0075 Wx8'Tee 4 ea $ 515.00 $ 2,060.00 f 6.03-0075 6"x6' Swivel Tee 16 ea $ 427.00 $ 6,832.00 a 6-03-0075 W Horizontal Bend 2 ea $ 485.00 $ MOO 1 6.03.0075 W Plug 10 ea $ 3,SadOO $ 35,00DAO J 6-03-MS OW Blow-affAssembly 10 ea $ 235.00 $ 2,350AD k 6-03-t1075 Fire Hydrantftemhly aea $ 2,30D.00 $ 18,40MM 1 6-03.0075 3/4' K Capper Waterlbie 154 ea $ 600.00 $ 92,400A0 M 6.03-0100 3 4' Water Servlce w o Meter Pk 154 ea $ 728.00 $ 112,112.00 5ubbatal 452 .30 10 6-02-0125 CONCRETE a 6-02.0125 MobUlzatIon Concrete Us $2,700.00 $ 10,SWM h 6.02-0350 CombaCurb Outterand3'-9"Walk 13,19 If $18.70 S 246,765.20 c 6.017-0125 B'Crosspan 9,285sf $6AO $ 21,024.W d 8.M-6350 Radius Ramps 22 ea $978.60 $ 19,316.00 e 6-M-MO MilmtkAorrps 9 ea $904.00 $ 81136M f 6.02-MO S'VYideConcreteTrall 6M IT $36.20 $ 21720.00 g 6-02-0350 10' We CarxreteTed §jI.201 $ 3,296,00 Subtatal 331720 $ 11 6-02.0250 ASPHAt.TPAVIHG a 6-02-0250 Mtabllizatlon 41s $ 6,370,00 $ 25,480.E b 6-01-0300 12" Thlck5carlfyand Recompact 27,517 sy $ 2.00 $ SS,D34.00 C 6-02.0250 G" Thick Full Depth Asphalt Paving 27,517 W $ 2Q70 $ 569,60150 d 6-03.0250 AdJustManhole 55 xa $ QnOD $ 26,400.00 e 6-03-W75 AdjustValve, Bax/Cleanouts 47 if $ 240.00 $ 11 0.00 Subtotal 687,795.90 12 6-02-0125 CARSONOALe CHERRY VALE INTERSECTION(OFFSfP a 6-01-0300 12'Thlck Scarify and Recarnpact 495 5Y $ 2.40 $ 11188.00 b 6 02-0250 6" Thick_ FaR Aepth Asphalt Paving 495 $ 2LOO $ 10 791.00 Subtotal $ 11 79.00 13 6.02-0400 SIGNAGEANDSMPING a "2.040D Moblkzatlaa 1 LS $ 500.00 $ 300.00 h 6.02-NOO Crosswalk 2 ea $ 660.00 $ 1,32D.00 C 6-02-M TTdk Sign 4 ea $ 350,00 $ IAOU-00 d 6-02-0400 StopSigns with $WeetBbdes 11 ea 420.0) $ 4,620.00 Subtotal 7 B9D,0D 14 6.040000 STREET UGHTS AND PUBLIC ROW $LEEVING a 6-04-OMO Streetusins 28 ea $ 6000.00 $ 16%UW-00 b "4-MO PublicRowTrenchlrtgfor Slimes 1,5601f $ 9.90 $ 15.288.00 C 6-04-M75 "5CH40PVC- PublicROW Sleeve Material 3,1201f 5.10 $ 15912.00 Subtotal 199,200 W ODNSTRUCTION COSTS SUBTOTAL 8, PROJECTSUErOTAL $ 2,M5539,09 S%CONTiNGENCY $ M77735 9%PRWECTAOMINSMTION AND CONMUCMN MANAG,EM04T 251,626.96 TOTAL 3,396,564A1 EXHIBIT F Location of Public Improvements 44 EXHIBIT F MOUNTAIN SHADOWS 2 METROPOLITAN DISTRICT" SANITARY SEWER SYSTEM EXHIBIT I'd. l .0. EXHIBIT F MOUNTAIN SHADOWS 2 METROPOLITAN DISTRICT STORM SEWER EXHIBIT L2 .. .. .. aimc ,a OETE -nON POND � R.I>n�l,x»a�., ..>m 17 f� �� �� vn ruaa xvcnus �w ULWK TRACT A w� p. MOUNTAIN SH 004N5 FlLIN N0. 1 Wp i.14 W.L ,wu �w �a Bl0(Y, 13 (� �fOLMIIAxH,DONB �oocnx® �, �, \ r.r THE SHORES NORTH N.T.S. EXHIBIT F MOUNTAIN SHADOWS 2 METROPOLITAN DISTRICT WATER SYSTEM EXHIBIT m.mrFm EXHIBIT F MOUNTAIN SHADOWS 2 METROPOLITAN DISTRICT STREETS EXHIBIT .DELFIV- �ma, . �• gDd(,2 THE SHORES NORTH N.T.S. EXHIBIT G Financing Plan 45 Stan Bernstein and Associates, Inc. Financial Planners and Consultants For Local Governments, Municipal Bond Underwriters, and Real Estate Developers 8400 East Prentice Avenue, Penthouse Greenwood Village, Colorado 80.1.11 Telephone: 303-409-7611, Cell: 303-594-0737; Email: stanplan©earthlinknet November 11, 2013 Mr. Marcus Palkowitsh MSP Corporation 720 S. Colorado Blvd., Ste. 94ON Denver, CO 80246 Sent Via Email Scone and Limitations of Engagement We have compiled the accompanying estimate of potential bonding capacity for the proposed Mountain Shadows Metropolitan District ("the District"). A compilation is limited to presenting information and assumptions that are those of the proponents of the District, and does not include independently verifying the accuracy of the information or assumptions. The following key assumptions have been provided by MSP Corporation, and form the basis of the estimate of potential bonding capacity for the District. 1. A total of 154 homes with average market values in the amount of $350,983 are expected to be completed at full buildout. It is assumed that the market values of the homes will increase by a factor of 2% as of June 30, 2016 and by an average of 2% every year thereafter. 2. 10 homes are expected to be completed during 2013, 36 homes are expected to be completed during 2014, 36 homes are expected to be completed in 2015, 36 homes are expected to be completed in 2016, and 36 homes are expected to be completed in 2017. 3. The debt service mill levy is expected to he 45.0 mills and will be Gallagherized (i.e., if the current 7.96% residential assessment rate,decreases then the assumed 45.0 debt service mill levy will automatically increase to offset any potential loss in property tax revenues). The combined debt service and operating mill levy will be 50.0 mills. 4. The bonds will be issued as limited tax general obligation cash flow bonds and are expected to be purchased by the Developer of Mountain Shadows. Mr. Marcus Palkowitsh November 11, 2013 Page ii Assumptions fcontinugM 5. The bonds will bear interest at 8.0% and will be amortized not longer than 30 years after the issuance of the bonds. 6. Administrative costs such as audit, accounting, legal, and insurance are assumed to be funded from an operating (General Fund) mill levy not to exceed 5.0 mills. 7. Specific Ownership Tax revenues have been calculated based on applying a factor of 8.0% to annual property tax revenues. 8. It is assumed that the County Treasurer's collection fee will be 1.5% property tax revenues. 9. Interest earnings on accumulated funds available are assumed to average 0.25% annually. Estimate of Potential Bonding Capacity Based upon the above assumptions, the attached Exhibit I indicates a potential bonding capacity of approximately $2,900,000 once all 154 homes. are completed. This estimate assumes average home value inflation of slightly less than 2% per year beginning in 2016. If the annual rate of inflation exceeds 2% per year the amount of bonds that could be supported would exceed $2,900,000; conversely if average home appreciation is less than 2% annually, it might not be possible to amortize the assumed $2,900,000 bond issue over a 30 year period. As previously stated, the estimated $2,900,000 of bonding capacity assumes cash flow bonds are purchased by the Developer of Mountain Shadows. We have also identified approximately $20,000 of administrative (General Fund) property tax revenues would be generated annually at full buildout assuming a mill levy of 5.0. Mc. Marcus Palkowitsh November 11, 2013 Page iii Certifleation Based upon the assumptions disclosed above, which are those of the Developer and have not been independently verified or evaluated by Stan Bernstein and Associates, Inc., the District is expected to retire all debt referenced in the Financial Model, within the refstrictions set forth in the Service Plan, including but not limited to the Maximum Debt Mill levy and the Maximum Debt NO Levy Imposition Term. Disclaimer The assumptions disclosed in the Financial Model are those of the Developer and have not been independently reviewed by Stan Bernstein and Associates, Inc. Those assumptions identified are believed to be the significant factors in determining financial feasibility; however, they are likely not to be all-inclusive. There will usually be differences between forecasted and actual results, because events and circumstances frequently do not occur as expected, and those differences may be material. Key assumptions — like those relating to market values of real property improvements and the buildout schedule of such property — are particularly sensitive in terms of the timing necessary to create the tax base for the District. A small variation in these variables, and to their timing, can have a large effect on the forecasted results. There is a high probability that the forecasted results will differ from realized fixture tax base factors and such variations can be material. Additionally, other key assumptions relating to inflation, assessment ratios, interest rates, and infrastructure, administrative, and operating costs may, and likely will, vary from those assumed. Because Stan Bernstein and Associates, Inc. has not independently evaluated or reviewed the assumptions that the Financial Model is based upon, we do not vouch for the achievability (and disclaim any opinion) of the information presented on the accompanying Exhibit I and Schedule 1. Furthermore, because of the inherent nature of future events, which are subject to change and variation as events and circumstances change, the actual results may vary materially from the results presented on Exhibit I and Schedule 1. Stan Bernstein and Associates, Inc. has no responsibility or obligation to update this information or this Financial Model for events occurring after the date of this report. veVtruly yours, ans �re ) Stan Bernstein and Associates, Inc. E%HIBIT [ FINAL DRAFT MOUNTAIN SHADOWS METROPOLITAN DIMCT CASH FLOW FORECAM (COMIMNED GENERAL FUND AND DEBT SERVICE FUND) 1tH1/20i3 FORTHE YEARS ENDMG D6CEd1@ER31.20i9 THROUGH 2O" SEFCONSULI Rl:YAS3UASP710N5 2013 2014 m.8 21316 =z gma "is zm 2ml 2m ASSESSED VALUATION (SCK 1) Ima(m 10A000 JASO 47. 4F3846 4-74$g46 aM.612 DEBT SERVICE MILL LEW A0o 45.000 46.000 48.000 45.00a 45.OD0 45A00 45000 45.000 45.0W ADMMINI.STRATNEMILLLEW 4Q4 5..m Lm rum AM §.Qm 55A00 9-0—M ;fig 5.000 TOTALDISTRICTNTLLLEVY - mono 50-000 so.oan 50.006 50y00 saloon 5-Qm 50000 INCREMENTAL RESIDF7"L UNITS ADDED (SCFL 1) t0 98 36 36 36 0 0 0 2 0 CUMULATIVE RESIDENTIAL UNITS (SCH.1) 14 49 i1.$ 194 J53 im LG1 im ]a54 CASH as $ =-3 2�4 �.k 2.17 am 2m 2m PROPERTYTAXES 0 5,000 71.632 107,8% 144,004 IM762 228,204 237.332 237,:132 246,826 SPECIM OWNERSHIPTAXES @ 8% OF PROPERTY TAXES G 4W 5.723 8,629 114620 15,101 18.2m 18987 1&B87 19,746 DEVELOPER OPERATING CONTRIBUTION 0 0 0 0 0 0 0 a 0 0 INTEREST EARNM IGS Q 2k%OF BEGGNNING FUNDS 4 fl g 1" 449 LIA 99 ei 93 0TOTAL REVENUES Q 5.400 7� 116.676 155m 2� 2 - 2S.37S 2 20 ,-BL EXPENDITURES COUN7YTREASURER1S95COLLEGTIONFEE a 75 1,073 I'm 2,t6D 2.831 3,423 3,6B0 3,560 3,702 ADMINISTRATIVE COSTS (8 MILLS) 4 5w0 7.153 19m 14AO 18.m 2SB20 2%733 Z317 3 Ski TOTAL EXPENINMRES 6/5 AM 12.404 is'is= 2J.70B 26,243 27293 2385 FUNDS AVAILABLE FOR DEBT SERVICE 4 4-625 139,040 104272 139A09 1=70 220.307 22O.O96 229.079 23&233 LTD G.O. CASH FLOW BONDS SERIES 12HI2018 Q &0% INTEREST Q 8.0% D 0 a D 23Z000 23Z000 23ZGW 23ZO0D 232,000 23ZOOD PROOPAL REDUCTION Q 2 2 4 4 2 4 9 . 2 2 TOTAL DEINT SERVICE 2 o n 11 23zow MOM. 2MDDD, 2 LTD. G.O. CASH FLOW BONDS OUTSTANDING ®1201 2 Q 2 a 90 . oaD a 2.90OLo 2.901000 2ADO-WO 2,9w.Ow 2.900AM 2 o oho TOTAL OWEND INCLUD. DEBT SERVICE & CAPITAL IMPROVEMENTS ate 12 444 a 580 253,L 2mza 35 2skm 3 EXCESS REVENUES & BONDS OVER EXPENDITURES 0 4445 669 040 106, 2 (O 59�. 4{ 9,6M (11.0m MA141 (Zs"l BBBONNINGFUND BALANCE -JANUARYi g 0 73,SH 17 A37 85,o8 359 B 24.22- 219a9 j99 ENDING FUND BALANCE -Ds=AI:R31 4 4.=- Z2 21.197 85 35,91E 24 21.309 Lam 24,620 TOTAL LTD.GA.BONDS OUTSTANDIINGQ121M1 Q i 2 ZZIP 1( 2.900,oD0 2. 92.00.000 2.90D.IDW 2.WD.= Z19M O % OF OUTSTANDING LTD. 0.0. BONDWASSESSED VALUATION 00095 0,00% 0.9E45 1 Da 76r02% 58.75% Ftm ft. tii8 Gad-iataa. hc. „_ li{!1/so]sP,l9 uoenunrsinsn.dwr�lt.ws iFl .mil• EXHIBIT I MOUNTAIN SHADOWS METROPOLITAN DUiTRICT CAM FLOW FORECASTS (COMS"ID GENERAL FUND AND DEBT SERVICE FUND) FOR THE YEARS =ING DECEMBER 31, M3 THROUGH 2O48 MASSU111P7fONS ASSESSED VALUATION (SCH.1) DEBT SERVICE MILL LEVY ADMINISTRATIVE MILL LEVY TOTAL DISTRICT MOLL LEVY INCREMENTAL RESfDENTIpL UNITS ADDED (SCK 1) CUMVLATM RESIDENTIAL UNITS (SCH.1) CASH N3 OW REVENUES PROPERTY TAXES SPECIFIC OYYNER%V TAXES @ 8% OF PROPO" TAKES DEVELOPER OPERATING CONTRIBUTION INTEREST EARNINGS C .25%OF BEGINNING FUNDS TOTAL REVENUES EXPENIN URE9 COUNTY TREASURER 1-8% COLLECTION FEE ADMINISTRATIVE COSTS (5 MILLS) TOTAL EXPEIMITURES FUNDS AVAILAME FOR DEBT SERVICE LTD G.O. CASH FLOW BONDS SERIES 12fU2016 @ B.D% INTEREST @ 11.0% PRINCIPAL REDUCTION TOTAL DEffTSERure LTIL G.O. CASH FLOW BONDS OUTSTANDING 12131 . TOTAL EEXPENDONCLUD. DFa'T SERME &CAPITAL IMPROVEIMEIM I =23 REVENUES & BONDS OVER EXPENDITURES BEGINNING FUND BALANCE -JANUARY i ENDING FUND BALANCE. DECEMBER 31 TOTAL LTD. 04. BONDS OUTSTANDING 412M %OF OUTSTANDING LTD. G.O. BONDSlASSESbMD VALUATION 2D23 2m 2W6 2nG 2427 2m im mm mm 2m 4.938512 5,133.973 133 5.399.381 5.339.331 5.3S2.905 6.5 2? W 5.775,021 5.77S.02i &008.Q22 45D00 4&OW 4N1:a00 45.000 45.1XID 45.000 45.OW 45.WO 45.000 46.O0a 5.000 AM &M IOW ammo 5100D r-= mom &M '.54.04II §m 50,000 MLO 50.000 SM 50.000 2 51Moaa D m091! D p MOM P. R 2 2 p s.900 2 144 I% L 184 i54 3_m t54 154 &0� 2924 3a 2,m 2= 2m 2A91 2m 245.828 MUDS 250,689 288,967 28G W7 277,60 277,945 288,7b1 288,75t BDD,301 10,748 20,538 2D.536 21,357 21,S67 22.212 22,212 23,100 23,100 24.024 D D D D D a D D 0 D W. w m 82 in 140 158 72.4 m 240 286.833 277.20E 315 ZSB.4a 288,441 299.E 300.MS 312,041, 312,072 324.5m 3,71V 3,860 300 4,004 4.004 4.166 4.1e5 4.331 4,331 4X5 g 8Lm 26,670 2&= 24, 20 9.M 27.785 28 B78 28.875 30.09a 28.M 238,248 204M 247,77E 29.520 W--a4 80.701 ZKM N.70i 99-M al.929 2fi11'. 31.9Z9 2MON 33.2oe 27&035 33,20E 2tmFg 34.+l8 232,000 281,600 230,8W 230.000 228.400 228.8W 224,400 221.800 218.000 214,000 5.ag0 10.000 I9=9 20.E an sa•oW as. It 45. W 80 000 MOM 341a.40 398,044 2 M09 346,403 259,400 9m,4 mom 2893,000 2,11MOM ZiLUM 2 2.as5.000 2,71M.000 arz 5,DW Z610,000 785.3m VJ.220 zmm 2MM 27 L101 286.72E 291.M 21 301,205 g asm 1.248 6.179 Um 7.720 i 11, 1=5 lo,§R 11,028 24.= 25� =4s W.092 48.762 ' sligg U-M 78.as6 namse 25 RM 32, 39,042 46.7 2 56102 67,370 78.M SB.S61 99,165 1102N 2 2.a6,m4 2.871000 2 2.M,DM 290SAMO 2.77D.000 2.72 � 281A000 58,39% 59 63A. 51, gog 2h RE 47,19% 44,4A..% 4 at- as e.in aid aeeoaiata:, tm. 3 22/72/90130.27 2,lcawmin�.do+w_SKaa11il .x2a ter) MOUNTAIN SHADOWS METROPOLITAN DISTRICT CASH FLOW FORECASTS (COMM GENERAL FUND AND OM S WKVICE FUND) FORTHE YEARS ENCONG DECENWER316 2013 THROUGH 2O49 KA—VASSUAWITONS .. OM mm 2m z ¢ 2w 2M 22003% 2040 ml mg ASSESSED VALUATION (SCH.1) M9_6 02 6.246M A,2482 ¢�486,L 6AW"3 &?W,= R7 6.96E 7.=All 6 DEBTSERVICEMILL LEVY 45.W0 45.0W 4900 45DOO 45AW 45.00E 46.OW 4S.0W 45.OW 411M ADMINLSTRATIVEMILL LEW §m S.DM 6.00E SAO i000 5.00E a —ME) 5.fl00 5� 6A0 TOTAL DISTRICT LOLLLBVY 50.00E M0 J0000 so aW 50.00E MOM 60___00 5.00E FARO 6p,004 INCREMENTAL RESIDENTIAL UNITS ADDED (SCH.1) g q O Q q 0 q 0 g CUMULATIVE RESIDENTIAL UNITS (SDFF. t) L 153 1� 1§� 194 L 194 ]fA 1m 19 CASH FLOW REVENUES 2m 2m_ 2036 2037 Ms. 0189 xm_ 2043 PROPERTY TAXES 300,3D1 312,313 31$313 324,808 W A,8W 337,79E 337,79E 351,310 351,310 3651382 SPE WIC:OWNF_RSHiP TAXES Q 9%OF PROPERTY TAXES 24A24 24,985 24,11M 25,SS4 25,984 27J 24 27.024 4105 28.105 29.229 DEVELOPER 40PERATINGOONTRIBU ION 0 0 0 0 0 0 0 0 0 0 INTEREST EARNONGS 0 M% OF BEGINNING FUNDS ?-61 364 443 TOTAL REVENUES WAsol W. 397.523 351,142 331.166 ffi3223 W4241 ZM837 37M $�40 mmoNmLim OOUNYTREASLIRI:R1.5%COLLECTION FEE 4,W5 4,685 4,565 4,872 4,872 5,057 5,067 U70 5,270 9.480 ADMINISTRATIVE COSTS (5 mUS) X 31,211. 31,231 32ABI 32,461 33 39.780 35,131 �131 TOTAL SWENLITURES a m 36,81s 36,910 87• 27 M 38.847 Aa.,w 4D841 40.4.td 42-017 FUNDS AVAILABLE FOR DEI3TSERVECE 290.WQ 301.68E 30tm 313,799 313,815, 9M n 3 a95 m 339, �3 $ LTG G.O. CASH FLOW BONDS SMM 12MrMS Q 8jD% W EREST @ ELO'% 2W,8W 203200 198,0D0 188,40E 179,20E 169,20E 167,200 144,400 129.6W 113,600 PRINCIPALREDUCTION 70.OW @o,4Qo B§= 116.OW 125.00E ]fill9114 169-OM 105, OW 200, 230,q� TOTAL DEBT SERWCE 2MMg q 291.0m 303 egg 319.40E 317.40tl =BAD ;lam LTD. G.0, WM FLOW BONDS OUTSTANDING I= ggQW 2.45E ,gq 2.3".0 2 2415.00E 1.8&5.000 1.803.OW ],8 000 jA20= W0 TOTALEXPENDINCLUD. MOP SERVICE& CAPITAL IMPROVEMENTS 313.335 329.116 3W.97e 34D.753 341.553 3ww 35&RIZ M-M 98S.s18 EX A.4REVENUES&BONDSOVER EXPENDTTURES 11.2M 8,455 10707 10.389 9= 7.1777 Bill 11105a I= 994 BE[,INNINGFUND BALANCE -JANUARY1 II10205 1211t71 JOL957 14MG54 151.0m 180.6se 167.845 177oss 1e7.0®5 IMST4 ENDING FUND BALANCE .PECEUYMM31 121__,-,,471 129, 340,00¢ 151,053 len. 167.845 177.0311 07,E 1BB, A TOTAL LTD. G.O. BONDS OU'NSTANDING @ 12I31 2.540.OW 2,00-0 s 2,355.a06 2 � 2 1,806 1,619,999 1A9.QR 1.16-994 96 OF OUTSTANDING LTD.OZ. BONDWASSESSED VALUATION Agm 3M22%_ Wm 34AOS 31.31 % 2g.00% 25,W% ago 19,43% 1@29 st— s t-In Wj A"o iatas, 1e 3 11/21/=0119,37 llplp.mtalasbadeYl_±YlM1t17.'dS E3GO TI MOUKTA@T SHADOWS METROPOLITAN DISTRICT CASH FLOW FORECR97S (00=4E) GENERAL FUND AND DEBT SERVICE FUND) FOR THE YEARS 8MG MCFMBR 31, M3 THROUGK 200 KEYAs4UMAT10NS 2m "0 4 me 9�1 TOTALB ASSESSES] VALUATION (SCR 1) 7.307-M 7125M554 7.699.534 7905.516 7.9D3,S1S DEBT SERVEC E MILL LIVY ASA00 ArLDW 45A00 45A00 A7}A MSTRATI VE MILL LEVY 6.ODD S � 3j= aum TOTAL OISTRICT MILL LEVY apAou 50.0 50.0ao 6mom INCREMENTALRESIDENTIALUNITSAMM(SOK 11 Q 2 $ A L CUMULATIVE RESIDENTIALU3NITS (SCR. i) CASIiFLOW iM j-54 J54 L54 1N REVENUES 20/3 20" ma 204 To m PROPERTY TAXES 355.362 379,977 37%977 395,176 9,032,712 SPECIFIC OWNERSHIP TAXES G8%OFPROPERTY TA)ES 29,220 30,3W 39,386 31,614 72Z617 DEVELOPER OPERATING CONTRIBUTION 0 0 0 0 0 INTEREST EARMNGS @ 25% OF BEGINNING FMW 60 or 600 Ma TOTAL REVENUES 39rilaT 410.M 41052 4Z7.390 9, EXPEMPaN f)_ COUNTY TREASURER 1.6% COLLSCTI9N FEE BASO 6.700 5.700 S.ws 136,481 ADMIMSTRATNE COSTS (6 MILLS) 36i6 3799,B 37.M 39,618 S 271 TOTAL EXPENDITURES 42,017 43AS 43.697 4fi9 JAM, FUNDSAVAILABLE FOR DEBT SERVICE M993 a6-rza6 36Z266 42919h R725.is0 LTD G.0. CASH FLOW BONDS SETif1 S 12R=5 @ BA% INTEREST �s_8.0% SUM 751fi00 83=0 28.800 6A9ZA00 FRIN0tPAL REDUCTION - 24ao00 280, 305.000 380.000 2. oo.mo TOTAL 066T SERVICEE 34CL200 356.600 35mo Ze AM LTD. G.O. CASH FLOW i ONDSOUTSTANDDIG @ 12131 MG W,gpQ 9 0 TOTAL EXPENDINCLLD. DEBTSERVICE&CAPITALIMPROVEMEMS anQ 399.3m 401.902 4ZC261 9.6W.786 MCCESSREVENUES &BONDSOVEREXPENDTTURSS 12,657 11.622 UK Wall =136 PROWNI[NO FUND BALANCE-JANUARY 1 2M44 i2 9.328 23D 942 9Z3 ,997 R ENDING FUND BALANCE - DECEMSEFt 31 219.3?e 3l9 239,907 ZA128 233.136 TOTAL LTD. G.O. BONDS OU YSTAM IIN0 912/31 WAGOO 654, 36B.979 g g Ya OF OUTSTANTMNG LTD. G.O. gONDSMSSESSED VALUATION 1245% 8.715% 4,55°% Q,Q� 6tw B-ttih am nepeniates, •^ d Il/117201190 3T A101euneaditg,edora Yianl flT.xla SCHEDULE,1 MOUNTAIN SHADOWS METROPOLJTAN DISTf=r PROJECTED ASSESSED VALUATION-B1 U-=LIT FORTHE YEARS ENDING DECEMBER31, 2013 THROUGH 2018 Companies) Planned Average ToUl Number Per Unit Gross Unit Elnit OtHOmes Price VOlmne Resid Fling 2- Phase 1 52 340,000 17,680,aa0 Fling 2- Phase 2 40 35Q200 14,008,000 Fling 2 - Phase 3 62 380,700 22,303" Total Residential-himem. 154 350.03 54,051AW Total Residential- Cumulat. 154 Total Value - Residential 54.051400 Actual Values: Fling 2 - Phase 1 Filing 2 - Phase 2 F1 ng2-Phase3 TOM Actual Valdes Actual Value ofVacant Land - Lough Estimate Total Actual Values hicluding Vacant LAM Total Actual Values - Cumulative Assessed Values: Filing 2-Phase 1 Fftg 2 - Phase 2 FAtng 2 - Phase 3 TatalAssessed Valuation ResidenlW TohatAssessed Valuatian Vacant Land - Single family (t84 Lob) Total Assessed Valuation - Lncramntal Total Assessed Valuation - Cumulative Total Assessed Values - Cam. 2% Biennial Net htcraases beg. In 2016, 4%beg. In 2018 YearAssessed Valuation Certified YearTaxes Received rAhw Draft See Consuftantt Report and Ofsclabner 111111 13 M3 2014 20i5 2M 2017 2018 TOTAL. 10 36 6 0 a a 52 a 0 30 10 0 0 40 Q 0 Q x 38 A R 10 38 38 38 38 0 1M9 10 46 82 f18 154 154 164 3,400,000 12,240,000 2,04o,00O 0 0 0 17,860,000 0 0 101608,000 3,502,000 0 0 14,008,000 n g 0 9.378.200 12,B85.200 0 2Z.383,400 3.400.000 12,240,000 12.545.000 12,880.200 12985.200 54.051.400 4.0(M,Q 4 (1.000.D001 11.Otki_0o01 (1.000.0001 11M0.000) 0 0 7.40Q.000 11.240.000 11.6d6.000 11.880.200 IIM6.200 Q 64.OMAC0 7.400.000 18MO.000 30.186.000 42.066.200 64A51.400 64.031.400 54.051400 270,Sda 894,304 162,384 0 a 0 1,407,328 0 0 M3 278 278,750 0 0 1,115,037 2 A A 7AU05 1-033,42Z n 1.780.127 270.0411 9M304 998,662 11,W264 1.033822 Q 4,302A91 1,160A00 rzBO.00g) 0 00a M.aaal 00 o A 1,430,640 Bea. n4 708.682 735,264 743.622 0 4.302ADI IL43D.640 211. 4fl44 2,11W 8 3,55k870 4.302A91 4.302A91 4.302481_ 1,430,640 12 57243 2,880978 3,776,249 4.564A83 4.746.846 4,746,6 48 2014 2015 2016 2017 2018 2019 2015 2018 2017 2018 2019 2020 11 H 1t2013 9:37 AM Stan Bemstemand Associata,Inc. 5 CWmmtainswowslMountain5hadows Rna%l)_ds 1W4:11,1rl H Legal Counsel Letter 46 December 3, 2013 D FFORD BROWN ATTORNEYS AT LAW doleaq@duffordbrown.com Town of Firestone Firestone Town Hall 151 Grant Avenue, P.O. Box 100 Firestone, Colorado 80520 Re: Organization of Mountain Shadows Metropolitan District This firm has acted as counsel to Petitioners in connection with the organization and submittal of the Service Plan for Mountain Shadows Metropolitan District (the "District"). Pursuant to the requirements of Section V.m. of the Service Plan for the District, this letter confirms that the petition for organization of the District filed with the Town on November 12, 2013, the Service Plan for the District, as approved by the Town on December 11, 2013, and the notice, hearing and other procedures in connection with the approval of the Service Plan, have met the requirements of the Special District Act, Section 32-1-101, et seq., C.R.S., and that the provisions of the Service Plan, as amended, including, without limitation, provisions as to the structure and terms of the District's bonds, fees and revenue sources, are consistent with applicable provisions of title 11 and 32, C.R.S., and other applicable law. Please be advised, however, that this firm has not been engaged as bond counsel to the District, nor will this firm serve as bond counsel at any time for the District. This letter does not purport to offer arty opinion of the type customarily required to be given by bond counsel with regard to any bond transaction of the District. This letter is limited to the use of the addressee as set forth above, and may not be relied upon by other parties or in connection with any future sale, resale or transfer of bonds and may be relied upon only as stated herein. This letter may not be used, quoted or referred to, in whole or in part, for any other purpose without the prior, written consent of the firm. Very truly yours, DUFFO & BROWN, P.C. David S. O'Leary For the Firm - Enclosures 1700 Broadway / Suite 2100 / Denver, CO 802%-2101 / Phone 303.861.8013 / Fax 303.832,3W4 / wwwduffordbrown.com EXHIBIT I Part I - Developer Indemnity Letter 47 Part I - Developer Indemnity Letter Town of Firestone 151 Grant Avenue Firestone, CO 80520 RE: Mountain Shadows Metropolitan District To the Town Board of Trustees: This Indemnification Letter (the "Letter") is delivered by the undersigned MSP Corporation, a Colorado corporation, (the "Developer") in connection with the review by the Town of Firestone (the "Town") of the Service Plan, including all amendments heretofore or hereafter made thereto (the "Service Plan") for the Mountain Shadows Metropolitan District (the "District"). Developer, for and on behalf of itself and its transferees, successors and assigns, represents, warrants, covenants and agrees to and for the benefit of the Town as follows; 1. Developer hereby waives and releases any present or future claims it might have against the Town or the Town's elected or appointed officers, employees, agents, contractors or insurers (tire "Released Persons") in any manner related to or connected with the adoption of a Resolution of Approval regarding the Town's approval of the District's Service Plan or any action or omission with respect thereto. Developer further hereby agrees to indemnify and hold harmless the Released Persons from and against any and all liabilities costs and expenses (including reasonable attorneys' fees and expenses and court costs) resulting from any and all claims, demands, suits, actions or other proceedings of whatsoever kind or nature made or brought by any property owner or other person which directly or indirectly or purportedly arise out of or air in any manner related to or connected the Tam's approval any of the following: (a) the Service Plan or any document or instrument contained or referred to therein; or (b) the formation of the District; or (c) any actions or omissions ofthe Developer or the District, or their agents, in connection with the District, including, without limitation, any actions or omissions of the Developer or District, or their agents, in relation to any bonds or other financial obligations of the District or any offering documents or other disclosures made in connection therewith. Developer further agrees to investigate, handle, respond to and provide defense for and defend against, as well as provide defense counsel reasonably chosen by the Developer and pay the attorneys' fees and expenses for such counsel. The Town will cooperate in the defense of any such claims, demands, suits, actions or other proceedings. 2. This Letter has been duly authorized and executed on behalf of Developer. Very truly yours, MSP Corporation F A Colorado corporation, Developer By: Title: areus Palkowitsb, President EXHIBIT I Part II - District Indemnity Letter 48 EDIT I Part II - District Indemnity Letter Town of Firestone 151 Grant Avenue Firestone, CO 80520 RE: Mountain Shadows Metropolitan District To the Town Board of Trustees: This Indemnification Letter (the "Letter") is delivered by the Mountain Shadows Metropolitan District (the "District") in order to comply with the Service Plan, including all amendments heretofore or hereafter made thereto (the "Service Plan) for the District. The District, for and on behalf of itself and its transferees, successors and assigns, hereby covenants and agrees to and for the benefit of the Town (the "Town') as follows: I. The District hereby waives and releases any present or future claims it might have against the Town or the Town's elected or appointed officers, employees, agents, contractors or insurers (the "Released Persons") in any manner related to or connected with the adoption of a Resolution of Approval of the Town of the District's Service Plan or any action or omission with respect thereto. To the fullest extent permitted by law, the District hereby agrees to indemnify and hold harmless the Released Persons from and against any and all liabilities costs and expenses (including reasonable attorneys' fees and expenses and court costs) resulting from any and all claims, demands, suits, actions or other proceedings of whatsoever kind or nature made or brought by any property owner or other person which directly or indirectly or purportedly arise out of or are in any manner related to or connected with the adoption of said Resolution and the Town's approval of any of the following: (a) the Service Plan or any document or instrument contained or referred to therein; or (b) the formation of the District; or (c) any actions or omissions of the District, MSP Corporation, a Colorado corporation, (the "Developer"), or their agents, in connection with the formation and organization of the District, including, without limitation, any actions or omissions of the District or Developer, or their agents, in relation to any bonds or other financial obligations of the District or any offering documents or other disclosures made in connection therewith, including any claims disputing the validity of the Service Plan and said Resolution. The District further agrees to investigate, handle, respond to and to provide defense for and defend against, as well as provide defense counsel reasonably chosen by the District and pay the attorneys' fees and expenses for such defense counsel. The Town will cooperate in the defense of any such claims, demands, suits, actions or other proceedings. 2. It is understood and agreed that neither the District nor the Town waives or intends to waive the monetary limits or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as from time to time amended, or any other defenses, immunities, or limitations of liability otherwise available to the Town, the District, its officers, or its employees by law. Arict. ict EXHIBIT J Upon recording return to: David S. O'Leary, Esq. Dufford & Brown, P.C. 1700 Broadway, Suite 2100 Denver, Colorado 80290-2101 GENERAL DISCLOSURE AND COMMON QUESTIONS REGARDING MOUNTAIN SHADOWS METROPOLITAN DISTRICT TOWN OF FIRESTONE, WELD COUNTY, COLORADO 1. What is a special district and what does it do? Colorado special districts are local governments just as municipalities (cities and towns) and counties are considered local governments. Often, municipalities and counties are limited by law and other factors as to the services they may provide. Therefore, special districts are formed to provide necessary public services that the municipality or county cannot otherwise provide. Mountain Shadows Metropolitan District (the "District') was organized pursuant to Orders of the Weld County District Court following elections in May 2014 at which time a majority of the eligible electors voted in favor of the formation of the District, elected members to the initial board of directors and voted in favor of certain tax and debt authorization. The District is a quasi -municipal governmental entity with the power to impose property taxes and other fees and charges for services within its boundaries. Legal descriptions and a map of the District are attached hereto as Exhibit "A." The District is governed by an elected board of directors made up of property owners from the district. The District is an independent unit of local government, separate and distinct from the Town of Firestone (the 'Town'), within which the District is located. Pursuant to the Service Plan for Mountain Shadows Metropolitan District (the "Service Plan") approved December 11, 2013 by the Town, the District has the ability and responsibility for constructing major public improvements including, but not limited to park and recreation, water, drainage, wastewater and street improvements within its boundaries. The District is required to dedicate certain public improvements upon completion to the Torn (drainage, open space, parks and trails, streets and roadways and water) to St. Vrain Sanitation District (sanitary sewer) and to Central Weld County Water District (water improvements) or to a property owners association in accordance with requirements of the Town and Approved Development Plans. The District does not have the authority to own, operate and public improvements other than prior to dedication and acceptance to the Town, St. Vrain Sanitation District, Central Weld County Water District or a property owners association without the written consent and approval of the Town. If the District is permitted by the Town to operate and maintains such facilities, the expense associated with such activity may be paid from the District's tax revenues and/or fees lawfully imposed by the District. 2. Mav the District Impose Fees Upon Me as a Property Owner? Special Districts are governmental entities, and have the power to impose property taxes and to adopt and charge fees, rates, tolls, penalties, or charges for services including but not limited to general administrative, operations and maintenance services. All District fees and rates may be adopted and/or amended from time to time by the District's board of directors at their discretion, as permitted by law and pursuant to the provisions of the Service Plan. In addition to limitations imposed by law, market constraints require that fees within the District be comparable to fees in competing development areas in order to further the community as an attractive place for individuals to buy homes. Therefore, it is in the best interest to maintain fees in the District comparable to the total fees paid in other similar communities so that the fees paid for the amenities and services in the District is a good value. A homeowners association is separate and distinct from the special districts, and is generally responsible for reviewing architectural plans for the construction of new homes and enforcing restrictive covenants in the community to help maintain property values. The homeowners association is normally responsible for the maintenance and operation of the common areas and other landscaping within a community and may assess dues to its members but has no ability to impose taxes. The District does not currently have the authorization of the Town to undertake ongoing operations and maintenance functions. 3. How much I!KUeM tax will the District collect to construct im rovements and for operations and maintenance? The District has the authority to impose property taxes for all of the activities identified in its "Service Plan," a copy of which is on Be with the District and which is available to prospective purchasers. The District may issue bonds to provide for the costs of capital improvements within its boundaries. Once the bonds are sold, they must be repaid over time with interest. The maximum repayment period for the bonds is thirty (30) years. The annual payment on the bonds is known as "debt service" In order to meet the debt service requirements for the bonds, and to pay operations and maintenance costs associated with the provision of services and district administration and operating costs, the District will impose mill levies as limited under the Service Plan. All District bonds or other obligations of which the District has promised to impose an ad valorem property tax mill levy (the "Debt") is expected to be repaid by taxes imposed and collected for no longer than the Maximum Debt Mill Levy Imposition Term for residential properties (40 years after the initial imposition of such mill levy) and no higher than the Maximum Debt Mill Levy (50 mills) for property within the District. Such mill levies may be "Gallagherized" or adjusted from a Levy of 50 mills that existed on January 1, 2013 if, which on or after January 1, 2013, there have been or will be changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement; the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2013, are neither diminished nor enhanced as a result of such changes. Market constraints also require that the mill levy within the District be comparable to mill levies in competing development areas in order to further the community as an attractive place for individuals to buy homes. Therefore, it is in both the District's and the project developers' best interest to maintain mill levies in the District comparable to the total property taxes paid in other similar communities so that the property taxes paid for the amenities and services in the District is a good value. It is the intent of the District to dissolve upon payment or defeasance of all Debt incurred or upon a court determination that adequate provision has been made for the payment of all Debt, and if any District has authorized operating functions under an intergovernmental agreement with the Town, to retain only the power necessary to impose and collect taxes or fees to pay for these costs. 4. 'Why are special districts used for financing public infrastructure? Many areas in Colorado utilize special districts to finance public improvements. Homeowners often are surprised to find that they have lived for years in water and sanitation districts, or other types of special districts. Since cities and counties typically do not provide for construction or installation of water and 2 wastewater systems, roads, or recreation facilities in new communities, special districts are organized to build these facilities. Special districts and the financial powers they utilize permit early construction of recreation facilities and other amenities for the benefit of the community. Where special districts are established, the costs of public improvements within the community are generally spread over 20 to 30 years and are paid from mill levies which, under current tax laws, may result in federal income tax benefits. 5. What limitations exert to make sure the District does not issue too many bonds and create unreasonably high mill levies? All general. obligation bonds anticipated to be issued by the District will be governed by the controls adopted by the Colorado legislature and governing the process by which bonds are issued by special districts. In addition, the organization and operation of the District was overseen by the Town through its approval of the Service Plan. The Town and the Service Plan currently has limited the Maximum combined Mill Levy that may be assessed. by the District to 50 mills for debt and, for operations and maintenance -subject to adjustment to account for changes in state law with respect to the assessment of property for taxation purposes, the ratio for determining assessed valuation, or other similar matters. The adjustment allows for tax revenues to be, realized by the District in an equivalent amount as would have been realized by the District based on a levy of 50 mills assessed and adjusted since January 1, 2013 as appropriate absent any change in the manner of the assessment of property for taxation purposes, the ratio for determining assessed valuation, or other similar matters. In addition, various voter limitations exist which affect the taxing powers of the District, including maximum annual taxing limitations and expenditure limitations. The TABOR Amendment, Article X, Section 20 of the Colorado Constitution, also provides for various legal limitations which may restrict the taxing and spending authority of the District. The mill levies expected in the District are reasonable and comparable to other developments served by special districts that provide similar services and amenities. The debt limit and the mill levy cap will remain in place for general obligation limited tax bonds issued by the District. Additionally, the Town of Firestone limits all new special districts to the similar mill levy limitations as the District. These limits, as well as others existing under Colorado law and various voter approvals, are believed to be adequate to control the tax levels within the District. Market constraints on property sales by the developer also require that the mill levy within the District be comparable to mill levies in competing development areas in order to further the community as an attractive place for individuals to buy homes. Therefore, in the initial stages of the development, it is in both the District's and the project developer's best interest to maintain a mill levy in the District comparable to the total property taxes in other similar communities so that the property taxes paid for the amenities and services in the District are a good value. 6. Who bears the risk that the community yM not fully develop? During the early stages of development, the developer of the project will be providing necessary funding and advancing funds to the District to pay for the public infrastructure construction costs and operational needs. The developer advances will be reimbursed at the time the District is able to issue general obligation, limited tax bonds. Property taxes paid and collected within the District will help pay the costs of all bonds. Therefore, if the actual build -out that occurs is less than what is projected, the individual property owners will not experience an increase in their tax obligations to the District beyond the limits described herein. The limited mill levy will be assessed the same on each home and other taxable property in the District regardless of the number of taxable structures. This results in the risk of development being shared by bondholders and the 3 developer. The property owners also share risk relative to the bonds, but this risk is limited as discussed above. 7. What will the tax bill look like. and what are the various taxes used far? It is anticipated that the tax bill for individual properties will show mill levies for Weld County, the Town of Firestone, school districts and various other public service providers, including the District. Colorado municipalities certify their mill levies on an annual basis, so the most accurate manner of ascertaining the specific taxing entities and current total and overlapping mill levy on any property is to directly contact the County Treasurer and Assessor. Attached hereto as Exhibit "B" is a general formula for the manner in which residential property in Colorado is assessed. In summary, it is anticipated that the total mill levy charged to properties within the boundaries of the District will be comparable to those of surrounding, similar communities. & Where can one get additional information regarding -the District? This document is not intended to address all issues associated with special districts generally or with the District specifically. More information may be obtained by contacting the District's general counsel, Dufford & Brown, P.C., 1700 Broadway, Suite 2100, Denver, CO 80290, (303) 861-80I3; the Colorado Department of Local Affairs, (303) 866-2156; or by attending District meetings. The District holds special meetings on an as needed basis. The District is also required to keep minutes and other records that are open for inspection by any citizen, hold elections for the boards of directors, adopt annual budgets, and submit to financial audits. I, . hereby acknowledge that I have received and read this GENERAL DISCLOSURE REGARDING MOUNTAIN SHADOWS METROPOLITAN DISTRICT. Buyer Lot Address Date Buyer Lot Address Date Buyer Lot Address Date 4 EXHIBIT A LEGAL, DESCRIPTION AND MAP OF THE PROPERTY WITHIN THE MOUNTAIN SHADOWS METROPOLITAN DISTRICT EXHIBIT B TO THE GENERAL DISCLOSURE AND COMMON QUESTIONS REGARDING MOUNTAIN SHADOWS METROPOLITAN DISTRICT GENERAL FORMULA FOR ASSESSMENT OF RESIDENTIAL PROPERTY 1. Assessor's office makes a market value determination based upon sales prices of comparable homes in the area (the "Market Property Valuation"). 2. Market Property Valuation is multiplied by the assessment rate which is set every odd numbered year and as of January 1, 2012, was 7.96%. The current assessment rate can be obtained from the County Assessor's Office (Market Property Valuation times the assessment rate w Assessment Valuation), 3. Applicable Mill Levy is applied to the Assessment Valuation, resulting in the total assessment to the residential property. For example, a home and property sold for $300,000 should have a "market value" of $300,000. Applying the 7.960/a valuation factor produces an assessed valuation of $23,880. One mill (.001) applied to that assessed valuation produces $23.88 of additional taxes. The District's projected mill levy of 50.000 mills results in $1,194.00 in additional taxes each year. MOUNTAIN SHADOWSWisc12013 Form of Disclosure Mountain Shadows Metro DS017001111213 M.M. � N 0 Form of Town Disclosure Statement 50 TOWN OF FIRESTONE, COLORADO -- DISCLAIMER STATEMENT As a requirement imposed in its formation process, the Mountain Shadows Metropolitan District (the "District") is obligated to the Town of Firestone (the "Town") to include this disclaimer statement in all offering materials used in connection with any bonds or other financial obligations of the District (or, if no offering materials are used, to give this disclaimer statement to any prospective purchaser, investor or lender in connection with any such bonds or other financial obligations of the District). The date of this disclaimer statement is The Town has not reviewed or participated in the preparation of any offering materials or any other disclosure documentation relating to any bonds or financial obligations of the District or any other materials to which this Disclaimer Statement is appended., Other than this Disclaimer Statement, no other statement of any kind is authorized to be made by or on behalf of the Town in any offering materials or any other disclosure documentation relating to any bonds or other financial obligations of the District. The Town and the District are separate legal entities. The Town is not a party to and is not obligated with respect to any borrowings, financings, bonds or other financial obligations of the District. As a statutory requirement for the formation of the District, the Town approved a Service Plan containing financial and other information furnished by the District's organizers. The Town's approval of the Service Plan was based upon such information furnished by the District's organizers without independent investigation by the Town. The District's Service Plan was prepared in 2013 and not in connection with the offering of any bonds or other financial obligations. The Town's approval of the District's Service Plan should not be relied upon by prospective purchasers, bondholders, investors or lenders in evaluating the investment quality of the District's bonds or other financial obligations. The Service Plan and related agreements do not impose upon the Town any duties to, nor confer any rights against the Town upon, any purchasers, investors, lenders, bondholders or other third parties. (00515799.1) EXHIBIT L Form of Intergovenunental Agreement between District and Town 51 INTERGO AL AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE, COLORADO AND MOUNTAIN SHADOWS METROPOLITAN DISTRICT THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and entered into to be effective as of the _ day of 2414, by and between the TOWN OF FIRESTONE, COLORADO, a municipal corporation of the State of Colorado (the "Town"), and MOUNTAIN SHADOWS METROPOLITAN DISTRICT, a quasi -municipal corporation and political subdivision of the State of Colorado (the "District"),. individually a "Party" and collectively referred to herein as the "Parties." 1 N x4WsT&I WHEREAS, the District was organized to finance, acquire, design, construct and install certain facilities, provide those services and to exercise powers as are more specifically set forth in the District's Service Plan approved by the Town on , 2013 by Resolution = (the "Service Plan"); and WHEREAS, the Service Plan makes reference to the execution of an intergovernmental agreement between the Town and the District; and WHEREAS, the Parties have determined it to be in the best interests of their respective taxpayers, residents and property owners to enter into this Agreement; NOW, THEREFORE, for and in in consideration of the covenants and mutual agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: COVENANTS AND AGREEMENTS 1. APPLICATION OF LOCAL LAWS. The District hereby acknowledges that the property within its boundaries shall be subject to all ordinances, rules and regulations of the Town, including without limitation, ordinances, rules and regulations relating to zoning, subdividing, building and land use, and to all related Town land use policies, master plans, related plans and intergovernmental agreements. 2. NATURE OF DISTRICT. The District agrees that it is organized for the purpose of financing certain public improvements for the area within its boundaries only (except to the extent. otherwise specifically provided in Article V.c. of the Service Plan), which area is designated as the proposed Mountain Shadows Subdivision Filing No. 2 development, and that the District's purposes, powers, facilities and activities are to be limited and governed by the Service Plan. The District is not intended to and shall not provide facilities or services outside its boundaries (except as otherwise specifically provided in Article V.c. of the Service Plan). Further, the District is not intended and shall not exist perpetually, but instead shall be dissolved in accordance with the Service Plan and this Agreement. The District shall not provide any services or facilities within any area of the District overlapping with the service area of another district without first obtaining the written consent of each and every district whose service area is so overlapped. 3. CHANGES IN BOUNDARIES. The District agrees that, as set forth in the Service Plan, inclusion of properties within, or any exclusion of properties from, its boundaries shall constitute a material modification of the Service Plan; any purported inclusion or exclusion that has not been approved by the Town pursuant to the procedures applicable to a material modification of the Service Plan shall be void and of no effect, 4. TOWN APPROVAL REQUIREMENTS; REVIEW OF DISTRICT SUBMITTALS. The District agrees that any Town approval requirements contained in the Service Plan (including, without limitation, any Service Plan provisions requiring that any change, request, action, event or occurrence be treated as a Service Plan amendment proposal or be deemed a "material modification" of the Service Plan) shall remain in full force and effect, and such Town approval shall continue to be required, notwithstanding any firture change in law modifying or repealing any statutory provision concerning service plans, amendments thereof or modifications thereto. The District agrees to reimburse the Town for all reasonable administrative and consultant costs incurred by the Town for any Town review of reports, plans, submittals, proposed modifications or requests for administrative approvals, or other materials or requests provided to the Town by the District pursuant to the Service Plan, this Agreement, state law or Firestone Municipal Code. The Town may require a deposit of such estimated costs. 5. OWNERSHIP OF IMPROVEMENTS. The Parties agree that the District shall not be permitted to undertake ownership, operation or maintenance of any public improvements, facilities or services, except as specifically set forth in the Service Plan. The District shall not own fee title to any real property. 6. ALLOCATION OF FINANCING PROCEEDS. The Parties agree and the Town's approval of the Service Plan is expressly conditioned upon the requirement that the District will pay to the Town for deposit into the Town's capital improvement fund a total of 15% of the gross amount of bonds issued, up to a maximum of Four Hundred Thirty -Five Thousand Dollars ($435,000), which amount shall be paid to the Town concurrently or prior to and as a condition of the issuance and delivery of the first series of any District Bonds, including developer bonds, or the issuance of any construction financing notes to the Developer. District Bonds shall be issued by October 31, 2015. Notwithstanding anything in this Service Plan to the contrary, the deadline set forth for bond issuance may be extended for all periods'of delay caused by events that are beyond the reasonable control of the District, including, without limitation, limited availability of materials and labor, unusually adverse weather conditions, acts of God, acts of war, acts of terrorism, or delays in issuing approvals or permits by any Governmental Agency. With Town approval, such contribution may alternatively be paid by the Developer to the Town but, in such case the Town and the Developer will amend the subdivision improvement agreement for Mountain Shadows Subdivision Filing No. 2 to provide that this Town contribution shall be paid to the Town's capital improvement fund directly by the Developer prior to the issuance of any District bonds, including developer bonds, or any construction financing notes to Developer. The contribution to the Town capital improvement fund shall be used by the Town to finance improvements (whether inside or outside the boundaries of the District) that the Town and the District would otherwise be empowered to construct, and for which the District is authorized to incur indebtedness (i.e., streets, street lighting, traffic safety controls, sanitary sewer, water, landscaping, storm drainage or park and recreation improvements and facilities), which improvements shall be of benefit to the Town and the District. The District acknowledges and agrees that the provisions of this Agreement and the provisions of the Service Plan for payment of this Town contribution to the Town's capital improvements fund for capital improvements are material considerations in, and conditions of the Town's approval of the District's Service Plan, and that the Town has relied thereon in approving the District's Service Plan. Therefore, the District agrees it shall not issue District Bonds, including developer bonds, or any construction financing notes to Developer, without there having been delivered to the Town concurrently with or prior to such issuance capital improvement contribution funds. of 15% of the gross amount of bonds issued, up to a maximum of Four Hundred Thirty -Five Thousand Dollars ($435,000), and such delivery to the Town of funds concurrently with or prior to such issuance the Town shall be a condition of issuance for such District Bonds, including developer bonds, or any construction financing notes to Developer. District Bonds shall be issued by October 31, 2015. Notwithstanding anything in this Service Plan to the contrary, the deadline set forth for bond issuance may be extended for all periods of delay caused by events that are beyond the reasonable control of the District, including, without limitation, limited availability of materials and labor, unusually adverse weather conditions, acts of God, acts of war, acts of terrorism, or delays in issuing approvals or permits by any Governmental Agency. The District agrees that the provisions of this Agreement and of the Service Plan for such payment of capital improvement funds to the Town shall run in favor of and shall be enforceable by the Town. The District represents and warrants that it has obtained all voter authorizations necessary to implement such provisions of this Agreement and the Service Plan, and that it will exercise its powers in accordance with and in furtherance of such provisions. 7. CONSOLIDATION. The District shall not file a request with the District Court to consolidate with another district without the prior written consent of the Town. 8. DISSOLUTION. The District agrees that it shall take all action necessary to dissolve the District upon payment or defeasan.ce of the District's bonds or otherwise upon the request of the Town, in accordance with the provisions of the Service Plan and applicable state statutes. 9. NOTICE OF MEETINGS. The District agrees that it shall submit a copy of the written notice of every regular or special meeting and work session of the District's Board of Directors to the Office of the Firestone Town Administrator, by mail, facsimile or hand delivery, to be received at least three (3) days prior to such meeting. The District agrees that it shall also submit a complete copy of meeting packet materials for any such meeting to the Office of the Firestone Town Administrator, by mail, facsimile or hand delivery, to be received at least one (1) day prior to such meeting. 3 10. ANNUAL REPORT. The District shall be responsible for submitting an annual report to the Town pursuant to and including the information set forth in Article VU of the Service Plan. 11. ENTIRE AGREEMENT OF THE PARTIES. This Agreement, including all exhibits, supersedes any and all prior written or oral agreements and there are no covenants, conditions, or agreements between the parties except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto will have any force or affect whatsoever unless embodied herein in writing. 12. AMENDMENT. This written agreement together with the Service Plan constitutes the entire agreement between the Parties and supersedes all prior or written or oral agreements negotiations, or representations and understandings of the Parties with respect to the subject matter contained herein. i 13. ENFORCEMENT. The Parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. 14. VENUE. Venue for trial of any action arising out of any dispute hereunder shall be in Weld County District Court. 15. BENEFICIARIES. Except as otherwise stated herein, this Agreement is intended to describe the rights and responsibilities of and between the named parties and is not intended to, and shall not be deemed to, confer any rights upon any persons or entities not named as parties. I 16. EFFECT OF INVALIDITY. If any portion of this Agreement is intended to describe the rights and responsibilities of and between the named parties and is not intended to, and shall not be deemed to, confer any rights upon any persons or entities not named as parties. 17. ASSIGNABILITY. Other than as specifically provided for in this Agreement, neither the Town nor the District shall assign their rights or delegate their duties hereunder without the prior written consent of the other Parties. 18. SUCCESSOR AND ASSIGNS. Subject to Paragraph 17 hereof, this Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. MOUNTAIN SHADOWS METROPOLITAN DISTRICT President ATTEST: Secretary ATTEST: By: Its: TOWN OF FIRESTONE By: Its: s EXHIBIT M Resolution of Town of Firestone Approving Service Plan 52 TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO IN RE THE SERVICE PLAN FOR MOUNTAIN SHADOWS METROPOLITAN DISTRICT, IN THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO RESOLUTION NO. 13- RESOLUTION OF APPROVAL WHEREAS, pursuant to the Special District Act, there has been filed with the Town a proposed Service Plan for Mountain Shadows Metropolitan District (the "Service Plan"); and WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S. as amended, the Board of Trustees of the of the Town of Firestone, County of Weld, State of Colorado (the "Town"), following due notice, held a public hearing on the proposed Service Plan, which hearing was held on December 11, 2013; and WHEREAS, the Board of Trustees has considered the Service Plan and all other testimony and evidence presented at the hearing; and WHEREAS, based upon the testimony and evidence presented at the hearing, it appears that the Service Plan for Mountain Shadows Metropolitan District should be approved by the Board of Trustees, subject to certain conditions set forth below, in accordance with Section 32-1-204.5(1)(c), CKS. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section. 1. That the Board of Trustees, as the governing body of the Town of Firestone, Colorado, does hereby determine, based on representations by and on behalf of the Mountain Shadows Metropolitan District (the "District') and MSP Corporation, a Colorado Corporation, a Colorado corporation, (the "Developer"), that all of the requirements of Title 32, Article 1, Part 2, C.R.S., as amended, relating to the filing of the proposed Service Plan for Mountain Shadows Metropolitan District have been fulfilled and that notice of the hearing was given in the time and manner required by the Town. Section 2. That, based on representations by and on behalf of the District and Developer, the Board of Trustees of the Town of Firestone, Colorado, has jurisdiction over the subject matter of the proposed Service Plan pursuant to Title 32, Article 1, part 2, C.R,S., as amended. Section 3. That, pursuant to Section 32-1-204.5, C.R.S., Section 32-1-202(2), C.R.S., and Section 32-1 203(2), C.R.S., the Board of Trustees of the Town of Firestone, Colorado, does hereby find and determine, based on the Service Plan, the representations by and on behalf of the Developer, and other evidence presented at the public hearing, that: (a) There is sufficient existing and projected need for organized service in the areas to be serviced by the District; (b) The existing service in the areas to be served by the District is inadequate for present and projected needs; (c) The District is capable of providing economical and sufficient service to the area within its boundaries; (d) The area in the District districts has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; and (e) The approval of the Service Plan is in the best interests of the District. Section 4. That pursuant to Section 32-1-204.5(1)(c), C.R.S., the Board of Trustees hereby imposes the following conditions upon its approval of the Service Plan: (a) At its first meeting after the effective date of this Resolution and in no event later than sixty days after the formation election of the District, the Board of Directors of the District shall execute the Intergovernmental Agreement with the Town ("IGA') in the form presented to the Town Board of Trustees at its December 11, 2013 hearing, or in form otherwise acceptable to the Town Attorney, and shall deliver the fully executed original of the IGA to the Town. (b) That pursuant to the Service Plan, the District will pay all reasonable expenses of the Town, its attorneys and consultants, as well as the Town's reasonable processing fees, in connection with the processing of the Service Plan approved herein. If any of the above -stated conditions are not met, the Town may revoke its approval of the Service Plan by subsequent resolution and/or pursue all legal and equitable remedies available to it for failure of compliance with such conditions of approval. Section 5. That the Service Plan for Mountain Shadows Metropolitan District, as set forth in Exhibit A to this Resolution and dated December 3, 2013, is hereby approved subject to the conditions stated in Section 4 above, in accordance with Section 32-1-204.5(1)(c), C.R.S" Section 6. That a certified copy of this Resolution be fried in the records of the Town of Firestone and submitted to the District. RESOLVED, ADOPTED AND APPROVED this _ day of _ _ , 2013, TOWN OF FIRESTONE, COLORADO (SEAL) ATTEST: Chad Auer Mayor Rebecca Toberman Town Clerk CERTIFICATION OF PUBLICATION IN RE THE ORGANIZATION OF MOUNTAIN SHADOWS METROPOLITAN DISTRICT, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO IT IS HEREBY CERTIFIED by the undersigned, as follows: 1. That the Town Board of Trustees of the Town of Firestone, Weld County, Colorado did set a hearing for Wednesday, December l l,- 2013, at or about 6:30 p.m. or soon thereafter, at Town Hall, 151 Grant Avenue, Town of Firestone, Colorado considering the organization of the Mountain Shadows Metropolitan District (the "District") and to form a basis for a resolution approving, disapproving or conditionally approving the Service Plan for the District. 2. That, as part of said action, directions were given that a ropy of the Notice of Public Hearing regarding the Service Plan on December 11, 2013, attached as Exhibit A, be published one time in a newspaper of general circulation within the proposed Districts. 3. That in compliance with said directions, copy of the Notice was published on November 22, 2013 in the .Longmont Times Call. Proof of publication is attached at Exhibit B. IN WITNESS WHEREON, I have set here iy liand this2g day of November, 3 By: ame: N\r cn� L� EXHIBIT A NOTICE OF HEARING TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO NOTICE OF PUBLIC HEARING IN RE THE ORGANIZATION OF MOUNTAIN SHADOWS METROPOLITAN DISTRICT, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO PUBLIC NOTICE IS HEREBY GIVEN that there has been filed with the Town Clerk of the Town of Firestone, Weld County, State of Colorado (the "Town"), a Service Plan for Mountain Shadows Metropolitan District (the "District"). A map of the proposed special district and the Service Plan are on file in the office of the Town Clerk, 151 Grant Avenue, Firestone, CO 80520, and are available for public inspection. NOTICE IS FURTHER GIVEN that the Town Board of Trustees will hold a public hearing at or about 6:30 p.m. or soon thereafter, on Wednesday, the I Ph day of December, 2013, at 151 Grant Avenue, Firestone, CO 80520 for the purpose of considering the adequacy of the approval of the Service Plan for Mountain Shadows Metropolitan District and to form a basis for a resolution approving, disapproving or conditionally approving the Service Plan for the District. All protests and objections must be submitted in writing to the Town Clerk of the Town of Firestone at or prior to such public hearing, or any continuance or postponement thereof, in order to be considered. NOTICE IS FURTHER GIVEN that the District's proposed boundaries consist of approximately thirty-nine and six hundred twenty-five hundredths (39.625) acres. Improvements to be provided by the proposed special district shall include water, sanitary sewer, drainage, streets, park and recreation and other improvements needed for the District and the area which is generally located at the northwest corner of Colorado Boulevard and Firestone Boulevard, entirely within the boundaries of the Town. A precise description of the boundaries of the District is on file in the office of the Town Clerk. Further information regarding the proposed district may be obtained by contacting counsel for the proponents of the District, c/o Dufford & Brown, P.C. 1700 Broadway, Suite 2100, Denver, Colorado 80290, telephone number 303-861-8013. NOTICE IS FURTHER GIVEN that pursuant to § 32-1-203(3.5), C.R.S., as amended, the owner of real property within the proposed District may file a petition with the Board of Trustees for the Town stating reasons why said property should not be included in the District and requesting that such real property be excluded from the District. Such petition may be filed no later than ten (10) days before the day fixed for the public hearing on the service plan, but the Board of Trustees shall not be limited in its action with respect to the exclusion of territory based upon such request. Any request for exclusion shall be acted upon before final action of the Town Board of Trustees under Section 32-1-205, C.R.S. Published in: Longmont Times Call Published on: Friday, November 22, 2013 A FFIDA VI T OF P UBLI CA TION s r�! T'im- State of Colorado County of Boulder I, the undersigned agent, do solemnly swear that the LONGMONT TRv ES -CALL is a daily newspaper printed, in whole or in part,. and published in the City of Longmont, County of Boulder, State of Colorado, and which has general circulation therein and in parts of Boulder and Weld counties; that said newspaper has been continuously and uninterruptedly published for a period of more than six months next prior to the first publication of the annexed Iegal notice of advertisement, that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any, amendments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado; that a copy of each number of said newspaper, in which said notice of advertisement was published, was transmitted by mail' or carrier to each of the subscribers of said newspaper, according to the accustomed mode of business in this office, The annexed legal notice or advertisement was published in the regular and entire edition of said daily newspaper once; and that one publication of said notice was in the issue of said newspaper dated November 22, 2013. Agent Subscribed and sworn to before me this 22nd day of November, 2013 in the County of Boulder, State of Colorado- i N Public My commission expires 12/11/2014 Account #304356 Ad #560651.4 Fee $41..76 Sp` IL At.4 •SOT .9 OF co /!! I I I I ltlti Tom OF M COUNTY or NrgD;STATrrOF,11}LORADO N:. RE H.u.ORGA.NIZATION OF v(EL13;STATE OF. COL ORADO , 'PU.SLLC :fIDTICE 'IS.'HEREBN. 'i1*11H` that'tltera .has been Hied with the Town Clerk of lice ToWh`-.'oi::Fle*rle,.-Wetd'-t`our�ty Site Of "Coloraii$ , dhe--701 e'j, a .Saivice. Pleri : for - Mountain .Shadoiva Matinppooman Afstric�t,;:�the *District')."'A map: of. the' :proposed=.s'pec&l', 4iWot: and- th@ Service Pleh are' on .file, In- the; office.: of, -Ihe, :Town , Clerk,,151, Brant A irlba,- Flrestohnbi-.:CO.. 8U520, ., and are .. available ..for publicinspeetlori. "; bIMICE 18..PURTHER GIVEN that the sown. 8card a1'- Trustae9' wlir hold :a public . haaring' rat - or;' about - 8t5D p: & .ai :soon, thereafter on Wednesday,' .tti - 111h : day: of .December;.10181 at-:�:151, Qranl:-Avonud,,: Flrestdnai CO ,,8NW for tha�+purpose'.'at cooaldaring the adequscy.'ofl thii:0provai ct,Ah* Sorvke..'Plan for htountAln Shadowy Mob:opofitan . District'?arid''ito; totfn. a• oasts for}a . resaulion apprgvfng 0oppr6vingt or, conditlonaliy 'approving:.:lhe Servlca::':Plari. toe the .'D6si O. All`' protests and 'objeationa .most;., be .submitted.' in -waling-: to .the ,Town Clark"of:.the. Town of istone aP or :prior to, such.:?public ' hearingg, - or 'arty, conffoilal7ce', or.! e st onerneht °thereof, in'.'ordat to he;I,consid NOTICE - IS' FIl6THER`;.GI#2H::lhaf, the• °Dletrfcrg. -pre,'puse'd. boundaries',' consist - of ilpproxl- matet ''thirty-nlne'mrd :WXL hundre¢;tnenttr-Nva, bun- dradPha ,(39-.-S25) a c.jres:, ImA_rdve inonts fo- be #.ro4ldod, by lhe'-. pkOposed apaNsl: distrlof, :shalt .::Inoluda, weteri sanharryy sewer - dralnage.. streete, :park; -and : iocraelLon- ant) I other: • mprovements': nvgagd;, for;,: the .:District : arir6 thy' arba -w"hk; In '.geiwrdly-i.located. -et: the •norffiwesi_oorner;,et: Colorado ;$otfevardi ;and Firestone j i3cuievard anilrely "W11h1h 'the': bourtdarlea ,of the Toym R 'precfse'.deaorl ,tian of tire.:, undafies' of an fileHie iDroldcT is,,:, tn: the dtfEce -ot': lire Tpw� %'Clefir , . FGrifiar informatlon;'rsgerdin9 1ha RropRsaillstrict' may be -obtalned by, aorttacling counsel for the propcnenta of_ the Dlatrlcl - eln • Qufloid SroWn ptC s170v BrAadway; SultQ ,2100,. Deaver Colorado '8029D telephone tiumhar; 30S-86i bD13i� ,.s 'i NoricE IS: FURTN�ii, GIVEN that pursWant to 3 '92-1;203(3.Sie.:`C:R;S:.•. as:''amsnded:•',tha' bs Ing on. the service - Plan but the Board of ``l'rus- te8s - Aall.?oat be +footled in Hs er t(on wi8r ` ro= epeat fa'the sMusico of lerrNory based' -upon Snell req�reat w�rryy rreeqquest .far. ekeluston ; sha be -.acted uppoon heCoto',Mal. hanol .81.,':ttie,-Town Board' :?f_ Trustsas; under: Seotion 82-1405,' Pubrished in the Longmont brn -CeH on Friday,, Noveri bpr`22, M13, Ad #98o6514•.. :, CERTIFICATE OF MAILING I, hereby certify that a true and correct copy of the following NOTICE OF PUBLIC HEARING for Mountain Shadows Metropolitan District was mailed by placing the same in envelopes with U.S. Mail, first class postage prepaid addressed as set forth below: 1. Notice of the Public Hearing on December 11, 2013, was mailed by regular mail to all property owners of record within the District as such owners were listed on the records of the Weld County Assessor's Office on November 19, 2013. The list of property owners of record is attached hereto as Exhibit A. 2. The Notice of the Public Hearing on December 11, 2013, was mailed by regular mail to the public entities within 3-miles of the boundaries of the District as listed on the records of the County Assessor on November 19, 2013. A list of the public entities within 3-miles of the boundaries of the District is attached hereto as Exhibit B. Signed thia4ay of J&�/ �013. David S. O'Leary STATE OF COLORADO ) ss. CITY AND ) COUNTY OF DENVER ) The foregoing instrument was acknowledged before me thiay of OVeO 76TO13, by David S. O'Leary as an individual. WITNESS my hand and official seal. My commission expires: CAS KEL (S E L) �ptomowy PUBLICu S'TATR O f 18 �t y�oiA ._„ �vcx�S 1UPiE 1f Notary Public (00568674.1) TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO NOTICE OF PUBLIC HEARING IN RE THE ORGANIZATION OF MOUNTAIN SHADOWS METROPOLITAN DISTRICT, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLOR.ADO PUBLIC NOTICE IS HEREBY GIVEN that there has been filed with the Town Clerk of the Town of Firestone, Weld County, State of Colorado (the "Town"), a Service Plan for Mountain Shadows Metropolitan District (the "District"). A map of the proposed special district and the Service Plan are on file in the office of the Town Clerk, 151 Grant Avenue, Firestone, CO 80520, and are available for public inspection. NOTICE IS FURTHER GIVEN that the Town Board of Trustees will hold a public hearing at or about 6:30 p.m. or soon thereafter, on Wednesday, the 101 day of December, 2013, at 151 Grant Avenue, Firestone, CO 80520 for the purpose of considering the adequacy of the approval of the Service Plan for Mountain Shadows Metropolitan District and to form a basis for a resolution approving, disapproving or conditionally approving the Service Plan for the District. All protests and objections trust be submitted in writing to the Town Clerk of the Town of Firestone at or prior to such public hearing, or any continuance or postponement thereof, in order to be considered. NOTICE IS FURTHER GIVEN that the District's proposed boundaries consist of approximately thirty-nine and six hundred twenty-five hundredths (39.625) acres. Improvements to be provided by the proposed special district shall include water, sanitary sewer, drainage, streets, park and recreation and other improvements needed for the District and the area which is generally located at the northwest corner of Colorado Boulevard and Firestone Boulevard, entirely within the boundaries of the Town. A precise description of the boundaries of the District is on file in the office of the Town Clerk. Further information regarding the proposed district may be obtained by contacting counsel for the proponents of the District, c/o Dufford & Brown, P.C. 1700 Broadway, Suite 2100, Denver, Colorado 80290, telephone number 303-861-8013. NOTICE IS FURTHER GIVEN that pursuant to § 32-1-203(3.5), C.R.S., as amended, the owner of real property within the proposed District may file a petition with the Board of Trustees for the Town stating reasons why said property should not be included in the District and requesting that such real property be excluded from the District. Such petition may be filed no later than ten (10) days before the day fixed for the public hearing on the service plan, but the Board of Trustees shall not be limited in its action with respect to the exclusion of territory based upon such request. Any request for exclusion shall be acted upon before final action of the Town Board of Trustees under Section 32-1-205, CKS. Published in: Longmont Times Call Published on: Friday, November 22, 2013 (00568674.1) 2 EXHIBIT A MAILING LIST LIST OF PROPERTY OWNERS OF RECORD FOR MOUNTAIN SHADOWS METROPOLITAN DISTRICT MSP CORPORATION MOUNTAIN SHADOWS FG 2 HOA TOWN OF FIRESTONE 720 S COLORADO BLVD, 720 S COLORADO BLVD, 151 GRANT AV SUITE 94ON SUITE 94ON P O BOX 100 DENVER, CO 80246 DENVEf , CO 80246 FIRESTONE, CO 80504 100568674.1) EXHIBIT B MAILING LIST FOR DISTRICTS WITHIN THE BOUNDARIES OF THE DISTRICT OR WITHIN 3-MILES OF THE BOUNDARIES OF MOUNTAIN SHADOWS METROPOLITAN DISTRICT AIMS JUNIOR COLLEGE CARBON VALLEY REC CENTRAL COLO WATER WELL (CCA) P.O. BOX 69 701 FIFTH STREET 3209 WEST 28TH STREET GREELEY, CO 80632 FREDERICK, CO 80530 GREELEY, CO 80631 CENTRAL COLORADO WATER (CCW) CENTRAL COLORADO WATER 3209 WEST 28TH STREET SUBDISTRICT (GCS) GREELEY, CO 80634 3209 WEST 28TH STREET GREELEY, CO 80631 COTTONWOOD HOLLOW COTTONWOOD HOLLOW COMMERCIAL METRO RESIDENTIAL METRO 700 17TH STREET, SUITE 2200 700 17TH STREET, SUITE 2200 C/O MILLER & ASSOCIATES CIO MILLER & ASSOCIATES DENVER, CO 80202 DENVER, CO 80202 TOWN OF FIRESTONE FORT LUPTON FIRE 151 GRANT AV P.O. BOX 333 P O BOX 100 C /0 JOHN DENT, ATTORNEY FIRESTONE, CO 80504 FORT LUPTON, CO 80621 TOWN OF FREDERICK FREDERICK-FIRESTONE FIRE P.O. BOX 435 1627 EAST 18TH STREET FREDERICK, CO 80530 PINNACLE CONSULTING GROUP LOVELAND, CO 80538 GREENS METRO HIGH PLAINS LIBRARY 1700 BROADWAY, SUITE 2100 1939 61ST AVENUE DUFFORD & BROWN, P.C. GREELEY, CO 80634-7940 DENVER, CO 80290 LITTLE THOMPSON WATER (LTWV) LONGMONT CONSERVATION 835 E. HIGHWAY 56 9595 NELSON ROAD BERTHOUD, CO 80513 BOX D LONGMONT, CO 80501 (00.%8674.1) 4 CENTRAL WELD COUNTY WATER (CWC) 2235 SECOND AVENUE GREELEY, CO 80631 EAST I-25 SANITATION (BOND 2040) CIO COLLINS COCKREL & COLE 390 UNION BOULEVARD, SUITE 400 LAKEWOOD, COLORADO 80228 FORT LUPTON FIRE (BOND 2022) P.O. BOX 333 C /0 JOHN DENT, ATTORNEY FORT LUPTON, CO 80621 FREDERICK-FIRESTONE FIRE (BOND 2022) 1627 EAST ISTH STREET PINNACLE CONSULTING GROUP LOVELAND, CO 80538 LEFT HAND WATER 921 WALNUT STREET, SUITE 200 BOULDER, CO 80302 CITY OF LONGMONT CIVIC CENTER COMPLEX 350 KIMBARK STREET LONGMONT, CO 80501 LONGS PEAK WATER DISTRICT TOWN OF MEAD MOUNTAIN VIEW FIRE 9875 VERMILLION ROAD P.O. BOX 626 9119 E. COUNTY LINE ROAD LONGMONT, CO $0504 . MEAD, CO 80542 LONGMONT, CO 80501 NEIGHBORS POINT METRO NORTHERN COLORADO WATER NORTHERN FIRESTONE URBAN 700 17TH STREET, SUITE 2200 (NCW) RENEWAL #1- 23 (NFURA) CIO MILLER & ASSOCIATES 220 WATER AVENUE P.O. BOX 100 DENVER, CO 80202 BERTHOUD, CO 80513-9245 TOWN OF FIRESTONE FIRESTONE, CO 80520 PLATTEVILLE-GILCREST FIRE SCHOOL DIST REI SCHOOL DIST RE1J 303 MAIN STREET 14827 W_C.R. 42 (ST. VRAIN VALLEY) PLATTEVILLE, CO 80651 GILCREST, CO 80623 395 SOUTH PRATT PARKWAY LONGMONT, CO 80501 SCHOOL DIST RE8 SOUTHERN FIRESTONE URBAN SOUTHERN FIRESTONE URBAN 301 REYNOLDS STREET RENEWAL i (SFURA) RENEWAL 6 (SFURA) FORT LUPTON, CO 80621 P.O. BOX 100 P.O. BOX 100 TOWN OF FIRESTONE TOWN OF FIRESTONE FIRESTONE, CO 80520 FIRESTONE, CO 80520 SOUTHERN FIRESTONE URBAN SOUTHERN FIRESTONE URBAN SOUTHERN FIRESTONE URBAN RENEWAL 7 (SFURA) RENEWAL 8 (SFURA) RENEWAL 9 (SFURA) P.O. BOX 100 P.O. BOX 100 P.O. BOX 100 TOWN OF FIRESTONE TOWN OF FIRESTONE TOWN OF FIRESTONE FIRESTONE, CO 80520 FIRESTONE, CO 80520 FIRESTONE, CO 80520 SOUTHERN FIRESTONE URBAN SOUTHERN FIRESTONE URBAN THE SPRINGS METRO RENEWAL 11 (SFURA) RENEWAL 12 (SFURA) 700 17TH STREET, SUITE 2200 P.O. BOX 100 P.O. BOX 100 CIO MILLER ROSENBLUTH, LLC TOWN OF FIRESTONE TOWN OF FIRESTONE DENVER, CO 80202 FIRESTONE, CO 80520 FIRESTONE, CO 80520 SPRINGS SOUTH METRO ST. VRAIN LAKES METRO #1 - 4 ST. VRAIN LEFT HAND WATER 700 17TH STREET, SUITE 2200 CIO WHITE BEAR ANKELE, P.C. (SVW) C/O MILLER & ASSOCIATES 2154 E. COMMONS AVE., SUITE 2000 9595 NELSON ROAD, SUITE 203 DENVER, CO 80202 CENTENNIAL, CO 80011 LONGMONT, CO 80501 ST VRAIN SANITATION STONERIDGE METRO DISTRICT SW WELD COUNTY LAW 11307 BUSINESS PARK CIRCLE CIO COMMUNITY RESOURCE SRV ENFORCEMENT AUTHORITY FIRESTONE, CO 80504 7995 EAST PRENTICE AVENUE 1150 O STREET SUITE 103E GREELEY, CO 80631 GREENWOOD VILLAGE, CO 80011 WATERFRONT AT FOSTER LAKE WELD COUNTY METRO 1,2&3 P.O. BOX758 8005 S. CHESTER STREET, SUITE 150 GREELEY, CO $0632-0758 CENTENNIAL, CO 80112 {00568674.1) RESOLUTION NO. 13-_53 A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR THE MOUNTAIN SHADOWS SUBDIVISION, FILING 2, REPLAT NO. 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 Filing 2, Replat No. I of the Mountain Shadows subdivision; and WHEREAS, all materials related to the application 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 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 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 development plan should be approved, subject to certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone does hereby approve the proposed Final Subdivision Plat and Final Development Plan for Filing 2, Replat No. 1 of the Mountain Shadows subdivision, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. PASSED AND ADOPTED this 1 Vh day of December, 2013. ATT ST: issa Me 'na, Town Clerk 1 co A a Chad Auer, Mayor EXHIBIT A Final Subdivision Plat & Final Development Plan Mountain Shadows Filing 2, Replat No. 1 Conditions of Approval 1. Modify plat and FDP to address continents in Town Engineer's redlines and memorandum dated December 4, 2013. 2. Revise the fencing details and add a note confirming that the fencing shall be consistent with Filing 1 fencing. 3. Add a note to the fencing that states corner lot side yard fencing shall be consistent with the Town Code. 4. Modify plat and FDP to address Town Planner redlines. 12/11/2013 5:11 PM [sjlj R:1Firesione5$u6divisionslMountain5hadcwsFiling 2 Replat and FDP Amend.TB res 20131211 doc G RESOLUTION NO. 13-G4 A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2014 AND ENDING ON THE LAST DAY OF DECEMBER, 2014. WHEREAS, the Board of Trustees of the Town of Firestone has directed the Town Manager to prepare and submit a proposed budget to said governing body at the proper time; and WHEREAS, the Town Manager has submitted a final proposed budget to this governing body on December 11, 2013 for its consideration; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place, and interested taxpayers were given the opportunity to file or register any objections to said proposed budget; and WHEREAS, in accordance with Article X, Section 20 of the Colorado Constitution, approved by the voters on November 3, 1992, and "Amendment One Emergency Reserve" is included in the budget in a total amount estimated to equal three percent (3%) of the Town's fiscal year spending excluding bonded debt service, the final amount to be calculated when necessary final information is available to the Town; and WHEREAS, whatever increases may have been made in expenditures, like increases were added to the revenues, so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the budget as submitted, amended, and as attached to this Resolution, be, and the same hereby is, approved and adopted as the budget of the Town of Firestone for the year stated above. Section 2. The Board of Trustees hereby confirms that as part of said 2014 Budget, there is designated a portion of Water Fund net assets for future Northern Integrated Supply Project (NISP) participation costs, as set forth on the "Calculation for Unrestricted Board Designated Water Net Assets for NISP Project Costs" within such Budget. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and Town Clerk and made a part of the public records of the Town. INTRODUCED, READ AND ADOPTED this 1 I"' day of December, 2013. ��RES TO �' TOWN m l SEA, Attest: �,�, .,;0 ��NTY. GO� 'rissa Medina, Town Clerk TOWN OF FIRESTONE, COLORADO CL) Chad Auer, Mayor As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 Combined Funds 2012 Adopted Revised Final Actual Budget Estimate Bud et Sources of Funds Taxes & Assessments $ 4,771,668 $ 4,880,932 $ 4,989,904 $ 6,441,698 Impact & Tap Fees 535,929 800,244 1,362,059 1,009,539 Licenses and Permits 311,574 341,750 396,250 425,500 Intergovernmental 112,386 291,689 264,942 90,000 Charges for Services 3,575,445 3,590,900 3,680,110 3,723,150 Fines and Forfeits 164,833 180,000 165,000 180,000 Net Investment Income 24,807 24,335 22,341 23,080 Misc 141,708 86,425 159,475 119,580 Other 2,838 - 16,990 - Total Revenue 9,641,187 10,196,276 11,057,071 12,012,547 Other Sources Lease Proceeds 299,278 - - - Interfund Transfers 712,568 1,756,724 1,586,007 2,481,688 Other 7,836 - 450 - TotalSourcesofFunds $ 10,660,870 $ 11,953,000 $ 12,643,528 $ 14,494,235 Uses of Funds Operations $ 6,677,026 $ 7,175,516 $ 6,779,410 $ 7,885,595 Capital Outlay 1,465,145 3,127,907 2,866,825 3,338,860 Total Expenditures 8,142,171 10,303,423 9,646,235 11,224,455 Other Uses Lease Payments 194,203 115,316 115,366 99,921 Debt Payments 71,888 73,605 73,605 - COP Payments 141,700 143,725 143,725 140,575 Interfund Transfers 825,560 2,029,634 1,789,917 2,691,688 Other 161,642 285,502 285,960 291,500 Total Other Uses 1,394,993 2,647,782 2,408,573 3,223,684 Total Uses of Funds $ 9,537,165 $ 12,951,205 $ 12,054,808 S 14,448,139 Net Sources and Uses $ 1,123,705 $ (998,205) $ 588,720 $ 46,096 Beginning Fund Balance $ 8,895,681 $ 9,272,067 $ 10,019,387 $ 10,608,107 Total Sources of Funds 10,660,870 11,953,000 12,643,528 14,494,235 Total Uses of Funds 9,537,165 12,951,205 12,054,808 14,448,139 Ending Fund Balance $ 10,019,387 $ 8,273,862 $ 10,608,107 $ 10,654,203 As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 Combined Funds 2012 Adopted Revised Final Actual Budget Estimate Budget Interfund Transfers (To) / From General $ Highway Parks C1P Water Storm FFA Debt Open Space Old Impact Fee CTF Old Hire Pension Sales Tax Capital Impr Urban Renewal Authority Rplcmt. - Storm Rplcmt. - Streets _ Total $ (194,123) $ (3,790) $ 4,003 (77,050) (1,154,417) (1,029,417) - (107,000) - 304,908 1,232,697 1,056,225 (112,991) (203,910) (203,910) 84,120 22,228 20,237 (140,000) (127,225) (127,225) - 12,000 7,464 50,000 20,000 20,000 72,842 133,917 133,917 50,000 50,000 50,000 - 14,000 14,980 (37,707) - 66,500 $ (45,000) (12,774) 66,500 96,969 (643,917) (1,052,395) 1,225,250 (210,000) (123,100) (142,000) 20,000 68,794 50,000 694,000 6,399 10,000 - As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 General Fund 2012 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Taxes & Assessments $ 4,076,968 $ 4,191,158 $ 4,304,801 $ 4,430,855 Licenses and Permits 271,824 293,000 340,000 364,000 Intergovernmental 34,900 116,250 66,220 38,000 Fines and Forfeits 164,833 180,000 165,000 180,000 Net Investment Income 3,260 2,900 3,600 3,600 Misc 99,388 59,000 131,230 112,430 Total Revenue 4,651,173 4,842,308 5,010,851 5,128,885 Other Sources Lease Proceeds 207,818 - - - lnterfund Transfers 344,821 219,700 212,681 295,776 Other 7,836 - 450 - Total Sources of Funds S 5,211,648 $ 5,062,008 $ 5,223,982 S 5,424,661 Uses of Funds Legislative $ 38,643 $ 55,539 $ 47,964 S 57,252 Judicial 79,102 81,073 79,493 81,750 Administration 464,512 594,598 472,262 529,207 Finance 84,376 120,268 121,125 117,331 Elections 9,078 2,000 12,000 39,791 Human Resources 90,456 93,351 92,031 122,526 Information Tech. 72,079 87,900 93,425 91,500 Planning 104,527 164,710 140,623 161,562 Engineering & Design 105,932 122,512 122,512 123,200 Develop. Inspections 127,442 155,000 165,000 179,500 Public Safety - Police 1,986,340 1,983,701 1,917,721 2,036,861 Comm. Service Officers 144,407 139,144 147,515 152,539 Public Works- Sanitation 19,855 20,150 14,300 20,150 Town Hall 55,276 62,380 58,340 68,210 Maintenance Facility 5,020 5,345 5,345 5,345 Health & Welfare 29,511 134,916 48,250 33,200 Community Resources 67,274 72,400 67,615 73,400 Economic Development 252,664 86,500 96,650 122,950 Capital Outlay 232,730 169,670 172,520 530,877 Park Administration 398,958 408,687 386,686 - Total Expenditures 4,368,184 4,559,845 4,261,377 4,547,152 As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 General Fund 71 2012 Adopted Revised Final Actual Budget Estimate „ . _ Budget Other Uses Lease Payments 71,893 75,187 75,202 67,854 lnterfund Transfers 150,698 203,910 216,684 392,745 Other 158,521 281,590 281,590 290,000 Total Other Uses 381,112 560,687 573,476 750,599 Total Uses of Funds $ $ 4,834,853 4,749,296 $ 5,120,531 $ 5,297,751 Net Sources and Uses $ 462,352 $ (58,5231 $ 389,129 $ 126,910 Beginning Fund Balance $ 1,494,657 $ 1,818,343 $ 1,957,009 $ 2,346,138 Total Sources of Funds 5,211,648 5,062,008 5,223,982 5,424,661 Total Uses of Funds 4,749,296 5,120,531 4,834,853 5,297,751 Ending Fund Balance $ 1,957,009 $ 1,759,820 $ 2,346,138 $ 2,473,048 As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 General Fund 2012 Adopted Revised Final Actual Budget Estimate Budget Revenue Sales Tax Sales Tax - Base $ 2,062,233 $ 2,090,000 $ 2,125,000 $ 2,185,000 Sales Tax -Developers 459,034 485,500 485,500 500,000 Sales Tax Total $ 2,521,267 $ 2,575,500 $ 2,610,500 $ 2,685,000 Change vs. 2012 budget 1.36% 4.25% Change vs. prior year 2.85% Property Tax AV - prelim. (Aug.) AV - final. (Dec.) (Net of TiF area) % Chg. Prelim to Final % Chg. Year to Year Mill Levy - GF Mill Levy - Debt Service Mill Levy - Total Property Tax-GF Change vs. 2012 budget Change vs. prior year Property Tax -Debt Change vs. 2012 budget Change vs. prior year $ 132,013,990 $ 141,845,250 $ 131,980,920 $ 142,320,680 -0.03% 0.34% $ 135,195,450 $ 135,196,793 -5.01 % 6,250 6.244 6.244 6.805 0.555 0.561 0.561 - 6.805 6.805 6.805 6.805 $ 829,221 $ 892,108 $ 895,601 $ 0.39% $ 74,090 $ 79,629 $ 79,629 $ 0.00% 926,805 3.89 % 3.48 % -100.00 % -100.00% Franchise Tax Electric $ 266,268 $ 255,000 $ 265,000 $ 265,000 Gas 59,923 63,000 63,000 63,000 Telephone 50 50 50 50 Cable 54,030 55,000 56,500 56,500 Total Franchise Taxes $ 390,272 $ 373,050 $ 384,550 $ 384,550 Change vs. 2012 budget 3.08% 3.08% Change vs, prior year 0.00% Use Tax Residential $ 142,939 $ 163,500 $ 218,000 $ 238,000 Commercial 19,611 25,000 28,000 26,000 Total Use Taxes Change vs. 2012 budget Change vs. prior year 162,550 $ 188,500 $ 246,000 $ 30.50% 264,000 40.05% 7.32 % As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 General Fund 2012 Adopted Revised Final Actual Budget Estimate Budget Other Taxes Cigarette Tax Severance Tax Other Tax Total Other Taxes Change vs. 2012 budget Change vs. prior year Residential DU's - actual Residential DU's assumption TOTAL TAXES Change vs. 2012 budget Change vs. prior year Licenses &Permits Liquor Licenses Gen Business Licenses Non -Bus Lic and Perm Bldng & Related Permits Contractor Licenses Oil and Gas Permits Total Change vs. 2012 budget Change vs. prior year Intergovernmental State & Local Grants SVVSD-SROICross Grds Police Grants Total Change vs. 2012 budget Change vs. prior year 15,683 $ 17,000 $ 16,500 $ 163,361 141,000 147,650 4,614 4,000 4,000 183,658 $ 162,000 $ 168,150 $ 3.80% 16,500 150,000 4,000 170,500 5.25% 1.40% 54 50 65 75 82 $ 4,076,968 $ 4,191,158 $ 4,304,801 $ 4,430,855 2.71 % 5.72% 2.93% 8,150 $ 6,500 $ 6,500 $ 18,075 14,000 18,500 2,795 3,000 3,000 180,454 224,500 258,500 33,350 24,000 32,500 29,000 21,000 21,000 271,824 $ 293,000 $ 340,000 $ 16.04% - $ 78,750 $ 28,720 $ 23,540 25,500 25,500 t 1,360 12,000 12,000 $ 34,900 $ 116,250 $ 66,220 $ -43.04% 6,500 18,500 3,000 282,500 32,500 21,000 364,000 24.23 % 7.06 % 26,000 12,000 38,000 -67.31 % -42.62% As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 General Fund 2012 Adopted Revised Final Actual Budget Estimate Budget Mise Honey/Fall Festival Donations $ 8,415 $ 5,000 $ - $ - 4th at Firestone 15,795 15,000 21,185 17,000 Scholarship Program 5,000 1,000 1,000 1,000 Animal Impound 4,110 6,000 6,000 6,000 Oil & Gas Royalties/Leases 36,205 5,000 65,000 35,000 CVRD Reimbursements 15,786 12,000 16,000 16,000 Other 14,077 15,000 22,045 37,430 Total $ 99,388 $ 59,000 $ 131,230 $ 112,430 Change vs. 2012 budget 122.42% 90.56% Change vs, prior year -14.33% Interfund Transfers (To)1 From Parks $ - $ - $ - $ (182,745) CIP 157,108 - - 170,000 Water (112,991) (203,910) (203,910) (210,000) Storm 84,120 23,700 20,237 14,500 Debt - 12,000 7,464 - Old Impact Fee 53,592 120,000 120,000 54,877 CTF 50,000 50,000 50,000 50,000 Old Hire Pension - 14,000 14,980 - Urban Renewal Authority - - - 6,399 Urban Renewal Authority (37,707) - (12,774) - Total $ 194,123 $ 15,790 $ (4,003) $ (96,969) As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 General Fund 2012 Adopted Revised Final Actual Budget Estimate Budget Uses of Funds by Category Expenditures Legislative Personnel $ 24,382 $ 25,072 $ 25,372 $ 25,372 Contractual Services 4,588 5,717 5,717 5,950 Supplies & Services 9,672 24,750 16,875 25,930 Subtotal S 38,643 $ 55,539 $ 47,964 S 57,252 Judicial Personnel $ 59,660 $ 56,773 $ 58,368 S 57,250 Contractual Services 17,921 21,550 19,050 21,750 Supplies & Services 1,521 2,750 2,075 2,750 Subtotal $ 79,102 $ 81,073 $ 79,493 S 81,750 Administration Personnel $ 219,722 $ 269,439 $ 244,957 $ 252,407 Contractual Services 146,037 153,755 127,755 143,500 Supplies & Services 96,771 165,404 93,200 116,000 Repairs & Maint. 1,389 3,000 3,200 3,300 Minor Capital 591 3,000 3,150 14,000 Subtotal $ 464,512 S 594,598 $ 472,262 $ 529,207 Finance Personnel $ 66,112 $ 99,663 $ 99,965 $ 91,481 Contractual Services 7,868 8,655 8,850 9,100 Supplies & Services 9,457 11,050 9,285 14,350 Repairs & Maint. 939 900 900 900 Minor Capital - - 2,125 1,500 Subtotal $ 84,376 $ 120,268 $ 121,125 $ 117,331 Elections Contractual Services $ 3,521 $ - $ 10,000 $ 24,941 Supplies & Services 5,558 2,000 2,000 8,850 Repairs & Maint. - - - 1,000 Minor Capital - - - 5,000 Subtotal $ 9,078 $ 2,000 $ 12,000 $ 39,791 As of December H, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 General Fund 2012 Adopted Revised Final Actual Budget Estimate Budget Human Resources Personnel $ 73,746 $ 82,890 $ 83,891 $ 106,636 Contractual Services 11,398 5,785 4,810 8,680 Supplies & Services 5,313 4,676 3,330 7,210 Subtotal $ 90,456 $ 93,351 $ 92,031 $ 122,526 Information Tech. Contractual Services $ 51,385 $ 52,650 $ 59,900 $ 68,000 Supplies & Services - 1,250 - 1,250 Minor Capital 20,694 34,000 33,525 22,250 Subtotal $ 72,079 $ 87,900 $ 93,425 $ 91,500 Planning _ Personnel $ 22,874 $ 84,710 $ 60,623 $ 81,562 Contractual Services 81,653 80,000 80,000 80,000 Subtotal S 104,527 $ 164,710 $ 140,623 $ 161,562 Engineering & Design Contractual Services _^ $ 105,932 $ 122,512 $ 122,512 $ 123,200 Subtotal $ 105,932 $ 122,512 $ 122,512 $ 123,200 Develop, Inspections Contractual Services $ 127,442 $ 155,000 $ 165,000 $ 179,500 Subtotal $ 127,442 $ 155,000 $ 165,000 $ 179,500 As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 General Fund 2012 Adopted Revised Final Actual Budget Estimate Budget Public Safety - Police Personnel $ 1,571,719 $ 1,629,091 $ 1,571,154 $ 1,701,396 Contractual Services 58,550 75,227 71,227 75,227 Supplies & Services 156,118 154,489 154,446 155,089 Repairs & Maint. 32,228 34,000 30,000 34,000 Capital Outlay 167,725 90,894 90,894 71,149 Subtotal $ 1,986,340 $ 1,983,701 $ 1,917,721 $ 2,036,861 Comm. Service Officers Personnel $ 143,689 $ 138,044 $ 146,415 $ 151,439 Supplies & Services 718 1,100 1,100 1,100 Subtotal $ 144,407 $ 139,144 $ 147,515 $ 152,539 Public Works- Sanitation Supplies & Services $ 19,855 $ 20,150 $ 14,300 $ 20,150 Subtotal $ 19,855 $ 20,150 $ 14,300 $ 20,150 Town Hall Contractual Services $ 15,157 $ 17,380 $ 17,280 $ 21,650 Supplies & Services 28,355 31,000 29,200 32,200 Repairs & Maint. 11,764 14,000 11,860 14,360 Subtotal $ 55,276 $ 62,380 $ 58,340 $ 68,210 As of December 11, 2013 Town of Firestone 2014 Final Budget General Fund 2012 Actual 2013 Adopted Budget 2013 Revised Estimate 2014 Final Budget _Maintenance Facility Contractual Services $ 1,300 $ 1,545 $ 1,545 $ 1,545 Supplies & Services 1,519 1,600 1,600 1,600 Repairs & Maint. 2,202 2,200 2,200 2,200 Subtotal $ 5,020 $ 5,345 $ 5,345 $ 5,345 Health & Welfare Supplies & Services $ 29,511 $ 134,916 $ 48,250 $ 33,200 Subtotal $ 29,511 $ 134,916 $ 48,250 $ 33,200 Community Resources Supplies & Services $ 67,274 $ 72,400 $ 67,615 $ 73,400 Subtotal $ 67,274 $ 72,400 $ 67,615 $ 73,400 Economic Development Contractual Services $ 36,705 $ 45,000 $ 61,200 $ 86,700 Supplies & Services 215,959 41,500 35,450 36,250 Subtotal $ 252,664 $ 86,500 $ 96,650 $ 122,950 Capital Outlay Capital $ 232,730 $ 169,670 $ 172,520 $ 530,877 Subtotal $ 232,730 $ 169,670 $ 172,520 $ 530,877 Park Administration Personnel $ 327,237 $ 302,837 $ 302,836 $ - Contractual Services - 34,000 12,000 - Supplies & Services 6,410 6,700 6,700 - Repairs & Maint. 59,925 57,150 57,150 - Minor Capital 5,386 8,000 8,000 - Subtotal $ 398,958 $ 408,687 $ 386,686 $ - Total Expenditures $ 4,368,184 $ 4,559,845 $ 4,261,377 $ 4,547,152 As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 Ii hwa u nM 2012 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Taxes & Assessments $ 543,737 $ 524,541 $ 514,860 $ 524,700 Intergovernmental - 125,000 125,000 - Charges for Services 138,125 140,500 140,500 142,250 Net Investment Income 1,067 1,000 1,000 1,000 Misc 18,962 5,000 4,000 5,000 Total Revenue 701,891 796,041 785,360 672,950 Other Sources Lease Proceeds 44,071 - - - interfund Transfers 77,050 1,154,417 1,029,417 643,917 Total Sources of Funds $ 823,012 $ 1,950,458 $ 1,814,777 $ 1,316,867 Uses of Funds Engineering & Design $ 61,418 $ 60,240 $ 51,440 $ 131,750 Road & Street Services 598,494 797,958 705,312 1,087,610 Capital Outlay 111,015 1,237,670 1,112,670 250,000 Total Expenditures 770,927 2,095,868 1,869,422 1,469,360 Other Uses Lease Payments 45,569 19,480 19,500 15,459 Total Other Uses 45,569 19,480 19,500 15,459 Total Uses of Funds $ 816,496 1,484,819 $ 2,115,348 $ 1,888,922 $ Net Sources and Uses $ 6,51G $ (164,890) $ (74,145) $ (167,952) Beginning Fund Balance $ 496,013 $ 399,818 $ 502,529 $ 428,384 Total Sources of Funds 823,012 1,950,458 1,814,777 1,316,867 Total Uses of Funds 816,496 2,115,348 1,888,922 1,484,819 Ending Fund Balance $ 502,529 $ 234,928 $ 428,384 $ 260,432 As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 Iff" 1#hwa ,Un 2012 Adopted Revised Final Actual Budget Estimate Budget Revenue Taxes & Assessments Highway Users Tax $ 345,502 $ 339,672 $ 329,960 $ 338,700 Motor Vehicle Reg 38,261 34,000 34,000 36,000 Road and Bridge Appmt 86,193 93,000 93,000 88,000 Specific Ownership Tax 71,475 56,000 56,000 60,000 Other Tax 2,307 1,869 1,900 2,000 Total $ 543,737 $ 524,541 $ 514,860 $ 524,700 Change vs. 2013 budget -1.85% 0.03% Change vs. prior year 1.91 % Intergovernmental State/Local Grants $ - $ 125,000 $ 125,000 $ - Total $ - $ 125,000 $ 125,000 $ - Change vs. 2013 budget Change vs. prior year -100.00% Interfund Transfers (To) / From CIP $ 57,800 $ 1,074,000 $ 949,000 $ 136,000 Old Impact Fee 19,250 13,917 13,917 13,917 Sales Tax Capital Improv. - - - 494,000 Rplcmt. - Streets 66,500 66,500 Total $ 77,050 $ 1,154,417 $ 1,029,417 $ 643,917 As of December 1], 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 i hwa and 2012 Adopted Revised Final Actual Budget Estimate Budget Uses of Funds by Category Expenditures Engineering & Design Contractual Services $ 61,418 $ 60,240 Subtotal $ 61,418 $ 60,240 Road & Street Services Personnel $ 335,946 $ 382,330 Contractual Services 21,107 27,550 Supplies & Services 192,536 324,508 Repairs & Maint. 48,905 63,570 Subtotal $ 598,494 $ 797,958 Capital Outlay Capital $ 111,015 $ 1,237,670 Subtotal $ 111,015 $ 1,237,670 It S1 ddn It 1121 7;n $ 369,863 $ 391,417 26,300 27,615 248,769 605,008 An IRA fl c7n It 1 117 47n t 7Sn nnn Total Expenditures $ 770,927 $ 2,095,868 $ 1,869,422 $ 1,469,360 As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 2012 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Licenses and Permits $ 39,750 $ 48,750 $ 56,250 $ 61,500 Net Investment Income 1,792 2,000 1,700 1,800 Misc 20,480 20,400 21,085 - Total Revenue 62,022 71,150 79,035 63,300 Other Sources Interfund Transfers - 50,000 - 1,052,395 Total Sources of Funds $ 62,022 $ 121,150 $ 79,035 $ 1,115,695 Uses of Funds Engineering & Design $ 9,254 $ 8,370 $ 8,450 $ 8,450 Planning 14,880 14,500 14,500 14,500 Culture & Recreation 147 2,000 500 2,000 Capital Outlay 154,764 206,137 155,137 940,650 Minor Capital 9,441 10,000 10,000 15,000 Park Administration - - - 382,745 Total Expenditures 188,486 241,007 188,587 1,363,345 Total Uses of Funds $ 188,486 1,363,345 $ 241,007 $ 188,587 $ Net Sources and Uses $ (126,465) $ (119,857) $ 1� 09,552} $ (247,650) Beginning Fund Balance $ 851,387 $ 684,801 $ 724,922 $ 615,370 Total Sources of Funds 62,022 121,150 79,035 1,115,695 Total Uses of Funds 188,486 241,007 188,587 1,363,345 Ending Fund Balance $ 724,922 $ 564,944 $ 615,370 $ 367,720 As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 2012 Adopted Revised Final Actual Budget Estimate Budget Interfund Transfers (To)1 From General $ - $ - $ - $ 182,745 CTP - 50,000 - 669,650 Sales Tax Capital Improv. - - - 200,000 Total $ - $ 50,000 $ - $ 1,052,395 Uses of Funds by Category Expenditures Engineering & Design__ Contractual Services $ 9,254 $ 8,370 $ 8,450 $ 8,450 Subtotal $ 9,254 $ 8,370 $ 8,450 $ 8,450 Planning Contractual Services $ 14,880 $ 14,500 $ 14,500 $ 14,500 Subtotal $ 14,880 $ 14,500 $ 14,500 $ 14,500 Culture & Recreation Contractual Services $ 147 $ 2,000 $ 500 $ 2,000 Subtotal $ 147 $ 2,000 $ 500 $ 2,000 Capital Outlay Capital $ 164,205 $ 216,137 $ 165,137 $ 955,650 Subtotal $ 164,205 $ 216,137 $ 165,137 $ 955,650 Park Administration Personnel $ - $ - $ - $ 310,695 Supplies & Services - - - 6,900 Repairs & Maint. - - - 57,150 Minor Capital - - - 8,000 Subtotal $ - $ - S - $ 382,745 Total Expenditures $ 188,486 $ 241,007 $ 188,587 $ 1,363,345 As of December 11, 2013 Town of Firestone 2014 Final Budget .ater un 2012 Actual 2013 Adopted Budget 2013 Revised Estimate 2014 Final Budget Sources of Funds Charges for Services $ 3,323,668 $ 3,336,800 $ 3,425,110 $ 3,466,400 Intergovernmental 26,067 - 21,722 - Cash In Lieu 8,900 - 438,700 - Net Investment Income 9,155 10,000 10,000 10,000 Misc 2,727 I,875 3,010 2,000 Sale of Fixed Assets 1,625 - 11,000 - Total Revenue 3,372,142 3,348,675 3,909,542 3,478,400 Other Sources Lease Proceeds 47,389 - - - Interfund Transfers 112,991 203,910 203,910 210,000 Total Sources of Funds $ 3,532,523 $ 3,552,585 $ 4,113,452 $ 3,688,400 Uses of Funds Human Resources $ 30,538 $ 24,773 $ 25,938 $ 121,148 Information Tech. 53,957 68,100 75,850 73,200 Engineering & Design 58,934 59,142 59,142 88,990 Water Operations 1,214,826 1,174,101 1,166,691 1,251,145 Water Admin. 398,067 451,803 452,601 567,961 Capital Outlay 957,708 1,482,958 1,394,686 1,469,733 Total Expenditures 2,714,029 3,260,877 3,174,908 3,572,177 Other Uses Lease Payments 76,741 20,649 20,664 16,608 Interfund Transfers 112,991 203,910 203,910 210,000 Total Other Uses 189,733 224,559 224,574 226,608 Total Uses of Funds $ 2,903,762 3,798,785 $ 3,485,436 $ 3,399,482 $ Net Sources and Uses $ 628,761 $ 546,752 $ 713,970 $ q 0,385) Beginning Fund Balance $ 3,306,319 $ 3,825,433 $ 3,935,080 $ 4,649,050 Total Sources of Funds 3,532,523 3,552,585 4,113,452 3,688,400 Total Uses of Funds 2,903,762 3,485,436 3,399,482 3,798,785 Ending Fund Balance $ 3,935,080 $ 3,892,582 $ 4,649,050 $ 4,538,666 As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 ,un 2012 Adopted Revised Final Actual Budget Estimate Budget Revenue Intergovernmental CIL for water Other Grants Total Charges for Services Water Sales Meter and Yoke Tap Fees Other Late Fees Hydrant Meter Water Usage Water Share Leases/Sales Vendor Fees Total Interfund Transfers (To) / From General Total $ 8,900 $ 26,067 $ 34,967 $ $ 438,700 $ - 21,722 - $ 460,422 $ - $ 2,562,663 $ 2,270,000 $ 2,380,000 $ 2,425,000 46,842 66,950 79,500 82,500 572,400 892,000 906,000 885,600 30,380 23,500 19,000 19,000 40,323 39,600 39,600 37,800 1,039 1,000 1,000 1,500 70,020 43,750 - 15,000 - - 10 - $ 3,323,668 $ 3,336,800 $ 3,425,110 $ 3,466,400 $ 112,991 $ 203,910 $ 203,910 $ 210,000 $ 112,991 $ 203,910 $ 203,910 $ 210,000 As of December 11, 2013 Town of Firestone 2014 Final Budget Ater un 2012 Actual 2013 Adopted Budget 2013 Revised Estimate 2014 Final Budget Uses of Funds by Category Expenditures Human Resources Personnel $ 23,245 $ 22,034 $ 22,339 $ 117,596 Contractual Services 6,305 1,515 1,103 2,274 Supplies & Services 987 1,224 2,496 1,278 Subtotal $ 30,538 $ 24,773 $ 25,938 $ 121,148 Information Tech. Personnel Contractual Services $ 46,084 $ 40,350 $ 45,850 $ 52,200 Supplies & Services - 1,250 - 1,250 Minor Capital 7,873 26,500 30,000 19,750 Subtotal $ 53,957 $ 68,100 $ 75,850 $ 73,200 Engineering & Design Contractual Services $ 58,934 $ 59,142 $ 59,142 $ 88,990 Subtotal $ 58,934 $ 59,142 $ 59,142 $ 88,990 Water Operations Personnel $ 328,153 $ 328,095 $ 311,709 $ 355,115 Contractual Services 822,325 773,976 782,479 818,800 Supplies & Services 34,675 35,530 36,003 40,730 Repairs & Maint. 24,456 31,350 31,350 31,350 Minor Capital 5,217 5,150 5,150 5,150 Subtotal $ 1,214,826 $ 1,174,101 $ 1,166,691 $ 1,251,145 Water Admin. Personnel $ 262,829 $ 282,458 $ 278,758 $ 401,631 Contractual Services 62,290 75,437 68,877 76,250 Supplies & Services 70,895 90,408 99,348 84,080 Repairs & Maint. 2,053 3,500 3,500 3,500 Minor Capital - - 2,118 2,500 Subtotal $ 398,067 S 451,803 S 452,601 $ 567,961 Capital Outlay Capital $ 957,708 $ 1,482,958 $ 1,394,686 $ 1,469,733 Subtotal $ 957,708 $ 1,482,958 $ 1,394,686 S 1,469,733 Total Expenditures $ 2,714,029 $ 3,260,877 $ 3,174,908 $ 3,572,177 As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 ri 2012 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Charges for Services $ 113,652 $ 113,600 $ 114,500 $ 114,500 Total Revenue 113,652 113,600 114,500 114,500 Other Sources Interfund Transfers Total Sources of Funds Uses of Funds Engineering & Design Operations - Storm Capital Outlay Total Expenditures Other Uses Interfund Transfers Total Other Uses - 1,472 - 137,600 $ 113,652 $ 115,072 $ 114,500 $ 252,100 $ 15,214 $ 10,000 - 52,950 R92R 11 477 $ 10,000 $ 32,400 52,451 57,637 31,812 147,600 94,263 237,637 84,120 35,700 20,237 84,120 35,700 20,237 14,500 14,500 Total Uses of Funds $ 108,262 $ 130,122 $ 114,500 $ 252,137 Net Sources and Uses $ 5,390 $ (15,050) $ - $ {37) Beginning Fund Balance $ 38,944 $ 38,944 $ 44,334 $ 44,334 Total Sources of Funds 113,652 115,072 114,500 252,100 Total Uses of Funds 108,262 130,122 114,500 252,137 Ending Fund Balance $ 44,334 $ 23,894 $ 44,334 $ 44,297 As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 IVtoEMw4re&uMn%n 2012 Adopted Revised Final Actual Budget Estimate Budget Interfund Transfers (To) I From General $ (84,120) $ (35,700) $ (20,237) $ (14,500) CIP - 1,472 - 127,600 Rplcmt. - Storm - - - 10,000 Total $ (84,120) $ (34,228) $ (20,237) $ 123,100 Uses of Funds by Category Expenditures _Engineering & Design Contractual Services $ 15,214 $ 10,000 $ 10,000 $ 32,400 Subtotal $ 15,214 $ 10,000 $ 10,000 $ 32,400 Operations - Storm Personnel $ - $ 39,705 $ 39,706 $ 44,392 Contractual Services - 500 - 500 Supplies & Services - 2,745 2,745 2,745 Repairs & Maint. - 10,000 10,000 10,000 Subtotal $ - $ 52,950 $ 52,451 $ 57,637 Capital Outlay Capital $ 8,928 $ 31,472 $ 31,812 $ 147,600 Subtotal $ 8,928 $ 31,472 $ 31,812 $ 147,600 Total Expenditures $ 24,142 $ 94,422 $ 94,263 $ 237,637 As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 GIPAFu d 2012 Adopted Revised Final Actual Budget Estimate Budget Sourcesof Funds Impact & Tap Fees Roadway Fees $ 174,080 S 239,697 $ 276,574 $ 302,387 Drainage Fees 53,631 84,923 97,988 107,133 Park Fees 178,707 235,385 271,598 296,947 Muni. Fac. Fee 58,191 117,753 135,869 148,550 Raw Water System 39,801 122,486 141,330 154,521 Net Investment Income 4,777 7,000 5,000 6,000 Total Revenue 509,186 807,244 928,359 1,015,539 Total Sources of Funds S 509,186 $ 807,244 $ 928,359 $ 1,015,539 Uses of Funds Other Uses Interfund Transfers $ 304,908 $ 1,289,697 $ 1,056,225 $ 1,225,250 Total Other Uses 304,909 1,289,697 1,056,225 1,225,250 Total Uses of Funds $ 304,908 $ 1,289,697 $ 1,056,225 $ 1,225,250 Net Sources and Uses $ 204,278 $ (482,453) $ (127,866) $ (209,711) Beginning Fund Balance $ 2,082,265 $ 1,928,405 $ 2,286,543 $ 2,158,677 Total Sources of Funds 509,186 807,244 928,359 1,015,539 Total Uses of Funds 304,908 1,289,697 1,056,225 1,225,250 Ending Fund Balance $ 2,286,543 $ 1,445,952 $ 2,158,677 $ 1,948,966 Interfund Transfers (To) / From General $ (157,108) $ - $ - $ (170,000) Highway (57,800) (1,074,000) (949,000) (136,000) Parks - (107,000) - (669,650) Storm - (1,472) - (127,600) FFA (90,000) (107,225) (107,225) (122,000) Total $ (304,908) _ $(1,289,697) $(1,056,225) $ (1,225,250) As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 20t4 Fro la3172104 ct ee 2012 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Impact & Tap Fees $ 22,620 $ - $ - $ Net Investment Income 535 350 350 100 Total Revenue 23,155 350 350 100 Total Sources of Funds 350 $ $ 100 $ 23,155 $ 350 Uses of Funds Other Uses Interfund Transfers $ 72,842 $ 133,917 $ 133,917 $ 68,794 Total Other Uses 72,842 133,917 133,917 68,794 Total Uses of Funds $ 72,842 $ 133,917 $ 133,917 $ 68,794 Net Sources and Uses $ (49,688) $ (133,567) $ (133,567) _$_ (68,694) Beginning Fund Balance $ 251,949 $ 207,215 $ 202,261 $ 68,694 Total Sources of Funds 23,155 350 350 100 Total Uses of Funds 72,842 133,917 133,917 68,794 Ending Fund Balance $ 202,261 $ 73,648 $ 68,694 $ - Interfund Transfers (To) / From General $ (53,592) $ (120,000) $ (120,000) $ (54,877) Highway (19,250) (13,917) (13,917) (13,917) Total $ (72,842) $ (133,917) $ (133,917) $ (68,794) As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 Open Space 2012 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Taxes & Assessments $ 45,929 $ 39,990 $ 45,000 $ 45,000 Net Investment Income 3,264 50 90 90 Total Revenue 49,193 40,040 45,090 45,090 Total Sources of Funds Uses of Funds Other Uses Interfind Transfers Total Other Uses Total Uses of Funds Net Sources and Uses $ 49,193 $ 40,040 $ 45,090 $ 45,090 $ 50,000 $ 20,000 50,000 20,000 $ 20,000 $ 20,000 GV,VVV LV,VVV $ 50,000 $ 20,000 $ 20,000 $ 20,000 $ (807) $ 20,040 $ 25,090 $ 25,090 Beginning Fund Balance $ 61,844 $ 45,811 $ 61,037 $ 86,127 Total Sources of Funds 49,193 40,040 45,090 45,090 Total Uses of Funds 50,000 20,000 20,000 20,000 Ending Fund Balance $ 61,037 $ 65,851 $ 86,127 $ 111,217 Interfund Transfers (To) / From FFA Total _$ (50,000) $ (20,000) $ (20,000) $ (20,000) $ (50,000) $ (20,000) $ (20,000) $ (20,000) As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 2012 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Intergovernmental $ 51,419 $ 42,000 $ 52,000 $ 52,000 Net Investment Income 271 250 250 260 Total Revenue 51,689 42,250 52,250 52,260 Total Sources of funds $ 51,689 $ 42,250 $ 52,250 $ 52,260 Uses of Funds Other Uses Interfund Transfers $ 50,000 $ 50,000 $ 50,000 $ 50,000 Total Other Uses 50,000 50,000 50,000 50,000 Total Uses of Funds $ 50,000 $ 50,000 $ 50,000 $ 50,000 Net Sources and Uses $ 1,689 $ (7,750) $ 2,250 $ 2,260 Beginning Fund Balance $ 143,919 $ 148,488 $ 145,608 $ 147,858 Total Sources of Funds 51,689 42,250 52,250 52,260 Total Uses of Funds 50,000 50,000 50,000 50,000 Ending Fund Balance $ 145,608 $ 140,738 $ 147,858 $ 150,118 Interfund Transfers (To) / From General $ (50,000) $ (50,000) $ (50,000) $ (50,000) Total $ (50,000) $ (50,000) $ (50,000) $ (50,000) As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 2012 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Intergovernmental $ - $ 8,439 $ - $ Net Investment Income 240 400 - - Gains (Losses) 1,213 - 5,990 - Total Revenue 1,453 8,839 5,990 - Total Sources of Funds $ 1,453 $ 8,839 $ 5,990 $ - Uses of Funds Expenditures $ 8,182 $ 8,439 $ - $ - Total Expenditures 8,182 8,439 - - Other Uses Interfund Transfers - 14,000 14,980 - Total Other Uses - 14,000 14,980 - Total Uses of Funds $ 8,182 $ 22,439 $ 14,980 $ - Net Sources and Uses $ (6,728} $ (13,600) $ (8,990) $ - Beginning Fund Balance $ 15,718 $ 19,030 $ 8,990 $ - TotalSourcesofFunds 1,453 8,839 5,990 - Total Uses of Funds 8,182 22,439 14,980 - Ending Fund Balance $ 8,990 $ 5,430 $ - $ - lnterfund Transfers (To) / From General $ - $ (14,000) $ (14,980) $ - Total $ - $ (14,000) $ (14,980) $ - As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 2012 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Net Investment Income $ 52 $ 75 $ 50 $ 50 Misc 150 150 150 150 Total Revenue 202 225 200 200 Other Sources Interfund Transfers 140,000 127,225 127,225 142,000 Total Sources of Funds $ 140,202 $ 127,450 $ 127,425 $ 142,200 Uses of Funds Other Uses COP Payments Principal $ 85,000 $ 90,000 $ 90,000 $ 90,000 Interest 56,700 53,725 53,725 50,575 Other 1,200 1,500 1,500 1,500 Total Other Uses 142,900 145,225 145,225 142,075 Total Uses of Funds $ 142,075 $ 142,900 $ 145,225 $ 145,225 Net Sources and Uses $ 125 $ (2,698} $ (17,775} $ 17,800 Beginning Fund Balance $ 21,888 $ 23,893 $ 19,190 $ 1,390 Total Sources of Funds 140,202 127,450 127,425 142,200 Total Uses of Funds 142,900 145,225 145,225 142,075 Ending Fund Balance $ 19,190 $ 6,118 $ 1,390 $ 1,515 Interfund Transfers (To) / From C1P Open Space Total $ 90,000 $ 107,225 $ 107,225 $ 122,000 50,000 20,000 20,000 20,000 $ 140,000 $ 127,225 $ 127,225 $ 142,000 As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 ` 6611gerVi 2012 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Taxes & Assessments $ 74,090 $ 79,629 $ 79,629 $ Net Investment income 62 75 75 - Total Revenue 74,153 79,704 79,704 - Total Sources of Funds $ 74,153 $ 79,704 $ 79,704 $ - Uses of Funds Other Uses GO Debt Payments Principal $ 65,000 $ 70,000 $ 70,000 $ - Interest 6,888 3,605 3,605 - Interfund Transfers - 12,000 7,464 - Other 1,457 1,662 2,120 - Total Other Uses 73,344 87,267 83,189 - Total Uses of Funds $ 73,344 $ 87,267 $ 83,189 $ - Net Sources and Uses $ 808 $ 7,563 $ (3,485) $ - Beginning Fund Balance $ 2,677 $ 3,478 $ 3,485 $ - Total Sources of Funds 74,153 $ 79,704 79,704 - Total Uses of Funds 73,344 $ 87,267 83,189 - Ending Fund Balance $ 3,485 $ (4,085) $ - $ - lnterfund Transfers (To) / From General Total $ - $ 12,000 $ (7,464) $ $ - $ 12,000 $ (7,464) $ As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 FURA 2012 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Taxes & Assessments $ 30,944 $ 45,614 $ 45,614 $ 41,143 Net Investment Income 36 40 40 40 Total Revenue 30,979 45,654 45,654 41,183 Other Sources Interfund Transfers 37,707 - 12,774 - Total Sources of Funds $ 68,686 $ 45,654 $ 58,428 $ 41,183 Uses of Funds Expenditures Professional Fees $ 57,447 $ 26,790 $ 40,681 $ 20,200 Tax Rebate Agrmts 10,775 16,175 16,997 14,584 Total Expenditures 68,222 42,965 57,678 34,784 Other Uses Interfund Transfers - - - 6,399 Other 464 750 750 - Total Other Uses 464 750 750 6,399 Total Uses of Funds $ 68,686 $ 43,715 $ 58,428 $ 41,183 Net Sources and Uses $ - $ 1,939 $ - $ Beginning Fund Balance $ - $ 5 $ - $ - Total Sources of Funds 68,686 45,654 58,428 41,183 Total Uses of Funds 68,686 43,715 58,428 41,183 Ending Fund Balance $ - $ 1,944 $ - $ - Interfund Transfers (To) / From General $ 37,707 $ - $ 12,774 $ (6,399) Total $ 37,707 $ - $ 12,774 $ (6,399) As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 SalMax Ca italjIm rov. 2012 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Sales Tax Estimated Revenues $ - $ - $ - $ 1,400,000 Total Revenue - - - 1,400,000 Total Sources of Funds $ - $ - $ - $ 1,400,000 Uses of Funds Other Uses Interfund Transfers $ - $ - $ - $ 694,000 Total Other Uses - - - 694,000 Total Uses of Funds $ - $ - $ - $ 694,000 Net Sources and Uses $ - $ - $ - $ 706,000 Beginning Fund Balance $ - $ - $ - $ - Total Sources of Funds - - - 1,400,000 Total Uses of Funds - - - 694,000 Ending Fund Balance $ - $ - $ - $ 706,000 Interfund Transfers (To) / From Highway $ - $ - $ - $ (494,000) Parks - - - (200,000) Total $ - $ - $ - $ (694,000) As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 Storm rami'lcmt. 2012 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Net Investment Income $ 50 $ 75 $ 50 $ 50 Total Revenue 50 75 50 50 Total Sources of Funds $ 50 $ 75 $ 50 $ 50 Uses of Funds Other Uses Interfund Transfers $ - $ - $ - $ 10,000 Total Other Uses - - - 10,000 Total Uses of Funds 10,000 $ - $ - $ - $ Net Sources and Uses $ 50 $ 75 $ 50 $ (9,950) Beginning Fund Balance $ 21,598 $ 21,649 $ 21,648 $ 21,698 Total Sources of Funds 50 75 50 50 Total Uses of Funds - - - 10,000 Ending Fund Balance $ 21,648 $ 21,724 $ 21,698 $ 11,748 Interfund Transfers (To) / From Storm $ - $ - $ - $ (10,000) Total $ - $ - $ - $ (10,000) As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 [S 're"eW pICmt. 2012 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Net Investment Income $ 154 $ - $ 46 $ - Total Revenue 154 - 46 - Total Sources of Funds - $ 154 $ $ 46 $ - Uses of Funds Other Uses Interfund Transfers - 66,500 66,500 - Total Other Uses - 66,500 66,500 - Total Uses of Funds 66,500 $ - $ $ 66,500 $ - Net Sources and Uses $ 154 $ {66,500) $ {66,454) $ - Beginning Fund Balance $ 66,564 $ 66,722 $ 66,718 $ 264 Total Sources of Funds 154 - 46 - Total Uses of Funds - 66,500 66,500 - Ending Fund Balance $ 66,718 $ 222 $ 264 $ 264 lnterfund Transfers (To) / From Highway $ - $ (66,500) $ (66,500) $ - Total $ - $ (66,500) $ (66,500) $ - As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 Parks R"Icm . 2012 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Net Investment Income $ 31 $ 40 $ 30 $ 30 Total Revenue 31 40 30 30 Total Sources of Funds $ 31 $ 40 $ 30 $ 30 Uses of Funds Total Uses of Funds $ - $ - $ - $ - Net Sources and Uses $ 40 $ 31 $ 30 $ 30 Beginning Fund Balance $ 13,313 $ 13,344 $ 13,344 $ 13,374 Total Sources of Funds 31 40 30 30 Total Uses of Funds - - - - Ending Fund Balance $ 13,344 $ 13,384 $ 13,374 $ 13,404 As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 .feet lCiT1t. 2012 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Net Investment Income $ 31 $ 40 $ 30 $ 30 Total Revenue 31 40 30 30 Total Sources of Funds $ 31 $ 40 $ 30 $ 30 Uses of Funds Total Uses of Funds $ - $ - $ - $ - Net Sources and Uses $ 31 $ 40 $ 30 $ 30 Beginning Fund Balance $ 13,313 $ 13,344 $ 13,344 $ 13,374 Total Sources of Funds 31 40 30 30 Total Uses of Funds - - - - Ending Fund Balance $ 13,344 $ 13,384 $ 13,374 $ 13,404 As of December 11, 2013 Town of Firestone 2014 Final Budget 2013 2013 2014 jBuil'ain _ ;iCtn . 2012 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Net Investment Income $ 31 $ 40 $ 30 $ 30 Total Revenue 31 40 30 30 Total Sources of Funds $ 31 $ 40 $ 30 $ 30 Uses of Funds Total Uses of Funds $ - $ - $ - $ - Net Sources and Uses $ 31 $ 40 $ 30 $ 30 Beginning Fund Balance $ 13,313 $ 13,344 $ 13,344 $ 13,374 Total Sources of Funds 31 40 30 30 Total Uses of Funds - - - - Ending Fund Balance $ 13,344 $ 13,384 $ 13,374 $ 13,404 RESOLUTION NO. 13-� A RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW, FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE 2014 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law, on December 11, 2013; and WHEREAS, the Board of Trustees has made provision therein for revenues in an amount equal to total proposed expenditures as set forth in said budget; and WHEREAS, it is required by law but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operation of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the following sums are hereby appropriated from the revenues of each fund, for the purposes stated: General Fund Total General Fund Expenditures & Transfers $ 5,297,751 Park Fund Total Park Fund Expenditures & Transfers $ 1,363,345 Conservation Trust Fund Total Conservation Trust Fund Expenditures & Transfers $ 50,000 Highway and Streets Fund Total Street and Highway Fund Expenditures & Transfers $ 1,484,819 Water Fund Total Water Fund Expenditures & Transfers $ 3,798,785 Stormwater Fund Total Stormwater Fund Expenditures & Transfers $ 252,137 Impact Fee Fund (old; per Ord. 347 and Res. 96-23) Total Impact Fund (old) Expenditures & Transfers $ 68,794 Capital Improvement Fund Total Capital Improvement Fund Expenditures & Transfers $ 1225,250 Sales Tax Capital Improvement Fund Total Sales Tax Cl Fund Expenditures & Transfers $ 694,000 Open Space Trust Total Open Space Trust Fund Expenditures & Transfers $ 20,000 Firestone Finance Authority Fund Total Firestone Finance Authority Fund $ 142,075 Stormwater Replacement Fund Total Storrwater Replacement Fund $ 10,000 Firestone Urban Renewal Authority Total Firestone Urban Renewal Authority Fund $ 41,183 Total Appropriations & Transfers: $14,448,139 INTRODUCED, READ, and ADOPTED this 1 Ith day of December, 2013. (R47'r' �FtES 7-o TOWN . SEAL tp 'D Attest: Y, GOO C rissa Medina, Town Clerk TOWN OF FIRESTONE — 6zz�j== Chad Auer, Mayor 2 RESOLUTION NO. l 3-� A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE 2013 TAX YEAR, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF FIRESTONE, COLORADO FOR THE 2014 BUDGET YEAR. WHEREAS, the Board of Trustees of the Town of Firestone on December 11, 2013 adopted the annual budget for the 2014 budget year in accordance with the Local Government Budget Law; and WHEREAS, a general property tax mill levy is necessary to defray the general expenses of Town government for the 2014 budget year; and WHEREAS, the 2013 valuation for assessment for the Town of Firestone as certified by the County Assessor is $135,196,793; and WHEREAS, the Town is exempt from the statutory property tax revenue limitation (5.5% limit) due to voter approval of Ballot Issue A at the April 2, 1996 regular municipal election; and WHEREAS, the Town is exempt from the fiscal year spending limitation imposed by Article X, Section 20 to the Colorado Constitution, due to voter approval of Ballot Issue A at the April 2, 1996, regular municipal election; and WHEREAS, the Board of Trustees must certify the mill levies for the 2014 budget year by December 15, 2013, and by this Resolution desires to so certify its general mill levy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That for the purpose of meeting all general operating expenses of the Town of Firestone during the 2014 budget year, there is hereby levied a tax of 6.805 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2013. Section 2. That the Finance Director is hereby authorized and directed to immediately certify to the County Commissioners of Weld County, Colorado, the mill levy for the Town of Firestone as herein above determined and set. INTRODUCED, READ, and ADOPTED this 11a' day of December, 2013. 4`RES 7p�� .°' TOWN gym= ���O ti '❑ r, Attest: 4 % 66*rissa'l�edina., Town Clerk TOWN OF FIRESTONE, COLORADO -CO 4 - Chad Auer, Mayor RESOLUTION NO. 13- A RESOLUTION AMENDING THE 2013 BUDGET BY INCREASING THE APPROPRIATIONS IN THE GENERAL FUND, THE HIGHWAY FUND, THE DEBT SERVICE FUND, AND THE WATER FUND. WHEREAS, the Board of Trustees of the Town of Firestone on December 12, 2013 adopted a budget for the 2013 calendar year per Resolution 12-38, pursuant to and in accordance with the Local Government Budget Law; and WHEREAS, the Town has received additional revenues and transfers not anticipated at the time of adopting of the 2013 budget, or has available existing fund balances; and WHEREAS, based on the foregoing, a need exists to appropriate additional sums of money in the General Fund, the Highway Fund, the Debt Service und, the Water Fund; and WHEREAS, the Board of Trustees has published notice of and held a hearing upon the supplemental appropriations and amendments to the 2013 budget authorized by this Resolution; and WHEREAS, the amended 2013 budget, as revised by this Resolution, remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the 2013 General Fund appropriation is hereby increased by $262,000, such expenditures corresponding to unanticipated expenditures. Such increased appropriation is funded by both unanticipated revenues and by existing fund balance as allowed by State statutes. The distribution of the supplemental appropriation is as follows: Revenues Account # Amount Federal Grants 1000-331000 $78,750.00 Expenditures Account # Amount Health & Welfare 1000-440000-360 $90,000.00 Salaries - Planning 1000-411000-111 $50,000.00 Salaries — Admin 1000-410400-111 $25,000,00 Bad Debt Expense 1000-410400-810 $75,000.00 Developer Reimbursement 1000-450500-898 $22,000.00 Section 2. That the 2013 Highway Fund appropriation is hereby increased by $125,000.00, such expenditure corresponding to unanticipated revenues and expenditures. Such increased appropriation is funded by grant income received from the State of Colorado Department of Local Affairs for a portion of the costs related to Firestone Blvd. Improvements. The distribution of the supplemental appropriation is as follows: Revenues Account # Amount State Grants 2820-334000 $125,000.00 Expenditures Account # Amount Street Projects 2820-450700-968 $125,000.00 Section 3. That the 2013 Debt Service Fund appropriation is hereby increased by $12,000, such expenditures corresponding to unanticipated expenditures. Such increased appropriation is funded by existing fund balance as allowed by State statutes. The distribution of the supplemental appropriation is as follows: Expenditures Account # Amount Transfer to General Fund 3000-521000-823 $12,000.00 Section 4. That the 2013 Water Fund appropriation is hereby increased by $290,000.00, such expenditures corresponding to unanticipated expenditures. Such increased appropriation is funded by both unanticipated revenues and existing fund balance as allowed by State statutes. The distribution of the supplemental appropriation is as follows: Revenues Tap Fees - Residential Tap Fees — Commercial Expenditures Capital Outlay Tap Fees — CWCWD Account # Amount 5210-343022 $100,000.00 5210-343030 $ 90,000.00 Account # Amount 5210-430540-947 $100,000.00 5210-430540-996 $190,000.00 INTRODUCED, READ AND ADOPTED this day of �{ulwbelr , 2013. cg fAtt�sr Hssa Medina Town Clerk TOWN OFF MSTONE, COLORADO C IJ Chad Auer Mayor 2 RESOLUTION NO. 13-,S A RESOLUTION PRESCRIBING WATER RATES, FEES, TOLLS AND CHARGES FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town of Firestone (the "Town") operates a municipal water system; and WHEREAS, the Town and Central Weld County Water District ("CWCWD") are parties to various intergovernmental agreements concerning the provision of water service and facilities to the Town; and WHEREAS, pursuant to such intergovernmental agreements, CWCWD from time to time imposes increased charges pertaining to the provision of water service to the Town; and WHEREAS, after review and analysis of the costs of operating and maintaining the Town's water system, including completion of a water rate study and an analysis of capital needs, and in consideration of applicable CWCWD increases and increases in the costs of operating, maintaining and improving the Town's water system, the Board of Trustees has determined that increases in the water system rates, fees, tolls and charges are necessary; and WHEREAS, the current water taps fees and monthly water rates do not adequately provide for the capital needs and operations of the Town's water system; and WHEREAS, the Board of Trustees by this resolution desires to establish various rates, fees, tolls and charges for Town water service and water usage, effective January 1, 2014; 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: 1 Water Water Charge Per 1,000 Meter Base Rate Included in Gallons Base Size Charge Rate (Gallons) Gallons Rate Residential 5/8" $19.08 -0- 3/4" $29.25 -0- 1" $48.32 -0- 1-1/2" $95.36 -0- 2" $153.86 -0- Residential 0-5,000 $1.80 Commercial, Industrial, Irrigation, Mobile Home Parrs 5/8" 3/4" 151 1-1/2" 2" 3" 6" Commercial & Industrial Irrigation Only Mobile Home Parks $19.08 -0- $29.25 -0- $48.32 -0- $95.36 -0- $153.86 -0- $287.36 -0- $1,136.23 -0- 5,001-20,000 $3.18 Above 20,000 $5.09 All usage $2.80 All usage $4.26 All usage $3.18 2 Out —of-Town Base rates and gallon charges for any out-of-town service shall be two Rates times the in -Town rates and charges. Section 2. Connection, capital investment and repair fees. The following connection and capital investment and repair fees 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 Connection Investment Capital Meter Fee and Repair Fee Investment Fee Size CWCWD Town CWCWD Total 5/8" $ 5,800 $ 1,000 $ 4,000 $ 10,800 3/4" $ 7,700 $ 1,500 $ 6,000 $ 15,200 1" $12,500 $ 2,500 $10,000 $ 25,000 1-1/2" $23,000 $ 5,000 $20,000 $ 48,000 2" $36,400 $ 8,000 $32,000 $ 76,400 Connection and capital investment and repair fees as well as any other fees for taps requiring a meter larger than 2" 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, connection and capital investment fees imposed by CWCWD, and all other factors relevant to the application. All taps requiring a meter larger than 2" and all taps applied for where the service requested is outside of the Town limits shall be by contract with the Board of Trustees. Out-of-town taps of 2" or less shall be charged fees at two times the amount of in -Town fees. Section 3. Construction Hydrant Meter Rental Terms. The following fees shall be imposed for hydrant meters supplied by the Town for construction water use. A Hydrant Connection Permit must be obtained from the Town Clerk prior to any water being used from any fire hydrant. Such permit shall be valid for a period not to exceed 6 months. Deposit $ 1,500.00 per meter Administration Fee $ 25.00 per permit Meter Rental $ 2.00 per day Late Charge $ 5.00 per day Water Usage Rate $ 2.50 per 1,000 gallons Section 4. Meter & Yoke Fees. The following fees shall be imposed for Meter and Yoke assemblies installed by the Town for new service connections; such fees for taps requiring a meter larger than 2" shall be as set by contract with the Board of Trustees: Meter Tap Size 5/8" 3/4" Meter & Yoke Fee $ 1,006.37 $ 1,042.55 3 1" $ 1,313.02 1-1/2" Commercial $ 3,753.71 1-1/2" Irrigation $ 2,819.87 2" Commercial $ 4,942.64 2" Irrigation $ 3,607.50 Section 5. This Resolution shall become effective on January 1, 2014. Section 6. All other resolutions or portions thereof inconsistent or conflicting with this resolution or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. PASSED AND ADOPTED THIS t V" DAY OF , 2013. (ej REsT2 ' rowLT) 10 ATTEST: Larissa Me ina, Town Clerk TOWN OF FIRESTONE, COLORADO _C ) L Chad Auer, Mayor 4 RESOLUTION NO. 13-eA A RESOLUTION ADOPTING THE 2014 LEGISLATIVE POLICY STATEMENT FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town of Firestone (the "Town") participates in the Colorado Municipal League ("CML") Policy Committee; and WHEREAS, the Town's 2014 Legislative Policy Statement provides guidance on the Town's legislative policy positions and priorities throughout the year and during the legislative session; and WHEREAS, the Board of Trustees has determined that adoption of the proposed Town of Firestone 2014 Legislative Policy Statement is in the best interests of the Town and its citizens and desires to adopt such policy; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Town of Firestone 2014 Legislative Policy is hereby approved in essentially the same form as the copy of such policy accompanying this resolution. PASSED AND ADOPTED THIS I l� DAY OF , 2013. TOWN OF FIRESTONE, COLORADO r SOWN(f L - j d FChad Auer, Mayor V% r SEAL 10 ATTEST: f Q j�n I I-,' — issa Medi , Town Clerk Town Management Staff Wesley LaVanchy, Town Manager Bruce Nickerson, Town Planner Caris,sa Medina, Town Clerk Dave Lindsay, Town Engineer David Montgomery, Police Chief Sam Light, Town Attorney Kristi Ritter, Communications and Community Outreach Coordinator Pascale Pring, Human Resources Director Rebecca Toberman, Planning Coordinator Ron Lay, Finance Director Theo Abkes, Public Works Director Firestone, Colorado Incorporated in 1908, the Town of Firestone is a statutory municipality with a Council -Manager form of government. The Town provides a full range of services, including: water, storm water, fire protection, police, parks, recreation, street maintenance and other traditional municipal services. Along with providing general services, being the fastest growing community in Colorado according to the 2010 U.S. Census is a full time job. It is a credit to the Town's forward thinking philosophy of a community in motion that makes it a unique and desirable place to live. In fact, strategic planning, quality service and strong leadership have ranked Firestone among the top 25 Best Places to Live according to Money Magazine. Policy Statement The Legislative Policy Statement is an essential too] used by Board members and staff in approaching legislative issues. The Town of Firestone is an active member of the Colorado Municipal League. For additional information, contact: Wesley LaVanchy Town Manager 151 Grant Ave./P.O. Box 100 Firestone, CO 80520 (303) 833-3291 wlavanchy@ci.firestone.co.us FIRESTONE A COMMUNITY IN MOTION www.cl.fireston9.co.us 2014 Legislative Policy Statement Town Board of Trustees: Mayor Chad Auer Paul Sorensen Jennifer Weinberger Matt Holcomb Darrell Walsh Bobbi Sindelar George Heath Colorado Municipal League Policy Committee Liaison: Bobbi Sindelar, Board Member Wesley LaVanchy, Alternate Updated 12-13-2013 2014 SUMMARY POLICY STATEMENTS LOCAL CONTROL First and foremost, the Town strongly supports the preservation of local control on issues of local concern. In order to address local desires, community issues and needs should be addressed locally. State and federal government interference can undermine local control. Therefore, the Town: Urges state and federal officials to respect Colorado's tradition of local control and allow municipal officials to address local problems without interference from the state and federal government. Urges congress and the executive branch to respect the roles and responsibilities of state and local governments and similarly urges state officials to avoid preempting local authority. Supports state enabling legislation that provides statutory and home rule municipalities with authority and flexibility to address local needs. Recognizes the desire of the citizens statewide and in the Town and many local communities to establish mechanisms for local control and opposes state action that attempts to weaken local control, authority and flexibility. BUDGET The Town opposes state and federal mandates that are not funded by those levels of government. Managing scarce resources is difficult at every level of government. The Town supports intergovernmental partnerships and collaborative problem solving. We are not in a position to be able to absorb costs of programs mandated by federal and state governments. HIGHWAY AND TRANSPORTATION FUNDING Transportation is priority. The Town advocates for the development of regional transportation funding sources to assist with the solutions to the interstate and state highway infrastructure deficiencies. INTERGOVERNMENTAL COOPERATION Citizens are best served when officials of federal, state and local government (including municipalities, counties, special districts and school districts) respect the roles of each entity and work toward common solutions. Therefore, the Town: • Supports increased dialogue and cooperation among federal, state and local officials and the development of cooperative intergovernmental solutions to common problems WATER RESOURCES . Firestone's water supply is from the Colorado -Big Thompson Project. There are several water issues of importance to the Town. Basin of Origin Any transfer of native flows from Northern Colorado to other basins must compensate to the native basin. Any basin of origin bill must not unduly inhibit the Town's ability to acquire and use C-BT or other water rights in the Town's water supply system. Water Quality Any bill concerning water quality must not infringe on the Town's ability to seek protection of its water rights. Well Regulation Any bill concerning well regulation must ensure that junior well depletions are fully replaced so that senior water rights are fully protected. Water Supply Development Firestone would likely support bills designed to encourage water supply development within the existing framework of the Colorado water law. Supply encouragement could take the form of financial assistance or streamlined approval processes for new water storage projects. Public Trust Bills Firestone is concerned about potentially harmful changes to the existing water law, including those designed to override the prior appropriation doctrine. Efforts to revise the administration of water rights radically or otherwise change the stream flow regime for rivers could damage Firestone's critical water supply planning efforts. TAX POLICY Sales and Use Taxes The primary revenue sources for municipalities are local sales and use taxes. Statewide, municipalities generate more than $5 in these taxes to every $1 of property taxes. Sales and use taxes have enabled municipalities to fund public services and improvements and keep municipal property taxes relatively low. Appropriate actions at federal, state and local levels should preserve or enhance these local revenues. Therefore, the Town: • Supports retention of authority for all municipalities to set local tax rates, for statutory municipalities to have meaningful input regarding legislation that may affect their tax bases, and for home rule municipalities to collect their own taxes and determine their own tax bases. • Supports appropriate legislation or court action allowing state and local governments to require businesses to collect state and local sales and use taxes on remote sales. Opposes legislation that would preempt the authority of state and local governments to apply their sales and use taxes to remote sales. Internet Sales Tax Collection The Town believes that web -based internet businesses should be required to collect local sales taxes in a similar manner as bricks and mortar business in order to create commerce equity. The Town of Firestone does not favor changes to the allocation of motor vehicle use tax. Motor Vehicle use tax is allocated to the Town in which the vehicle is registered so that the tax can support the street maintenance effort where the vehicle impacts the state of roadways. Firestone supports continued utilization of FASTER fees to support local transit and transportation priorities. URBAN RENEWAL AUTHORITY The Town believes in legislation that provides for a financing mechanism available at the local level to transform unproductive and unsafe property into an asset that creates value for the community is essential. The Town opposes further one -size -fits - all approaches to urban renewal that limit flexibility to cooperate with other taxing districts.