HomeMy WebLinkAbout1990-1998·. Ordinances
1990-1998
280-399
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Ordinances
1990
280
-1998
399
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ORDINANCE NO. 280
AN ORDINANCE AMENDING SECTION 3.08.030 A. OF THE FIRESTONE MUNICIPAL CODE
RELATING TO EXEMPTIONS FROM TAXATION.
WHEREAS, Section 3.08.150 of the Firestone Municipal Code provides for
amendment of Chapter 3.08 by a majority vote, except as to the tax
imposed; and
WHEREAS, an emergency exists because of the need to meet the time
requirements of the State Department of Revenue with regard to the
effective date of this amendment;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, THAT:
follows:
Section 1. Section 3.08.030 A. is hereby amended to read as
A. A sales tax on the sales of tangible personal property,
and services in the town that are taxable pursuant to CRS
39-26-104, together with amendments thereto and subject to
the same exemptions as those specified in CRS 39-26-114,
excluding the exemption specified in CRS 39-26-114 (1) (a)
(XXI), but including:
Section 2. Section 3.08.030 A.2. is hereby repealed and the
succeeding paragraphs are hereby renumbered accordingly.
Section 3. Safety Clause. The Town Board of Trustees hereby
finds, determines, and declares that this ordinance is promulgated under·
the general police power of the Town of Firestone, that it is promulgated
for the health, safety, and welfare of the public, and that this ordinance
is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The Board of Trustees
further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained.
Section 4. Severability. If any clause, sentence, paragraph,
or part of this ordinance or the application thereof to any person or
circumstances shall for any reason be adjudged by a court of competent
jurisdiction invalid, such judgement shall not affect application to other
persons or circumstances.
Section 5. Effective Date. This ordinance shall become
effective January 1, 1991.
INTRODUCED, READ IN FULL, ADOPTED AND ORDERED PUBLISHED ONCE IN
FULL this. 8th day of November, 1990.
ATTEST:
Trudy P erson
Town Clerk
TOWN OF FIRESTONE, COLORADO
Ric Patterson
Mayor
2
L
ORDINANCE NO.
TOWN OF FIRESTONE, COLORADO
AN ORDINANCE 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 1991 BUDGET YEAR.
WHEREAS, the Board of Trustees has adopted the annual budget in accordance
with the Local Government Budget Law, on November 8, 1990, and;
WHEREAS, the Board of Trustees has made provision therein for revenues in
an amount equal to or greater than the total proposed expenditures as set
forth in said budget, and;
WHEREAS, it is not on-ly 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 ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
'
Section ,1. That the fol lowing sums are hereby appropriated from the
revenues of each fund, to each fund, for the purposes stated:
General Fund
Total General ,Fund $213,435
Circuit Rider Fund
Total Circuit Rider Fund $
Park Fund
Total Park Fund $ 1 , 561
Conservation Trust Fund
Total Conservation Trust Fund . $ 12,157
Street and, Highway Fund
Total Street and Highway Fund $ 58,091
Water Fund
Total Water Fund $193,894
-29-
APPROVED, ADOPTED,. SIGNED, AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
. OF THE TOWN OF FIRESTONE, COLORADO; THIS EIGHTH DAY OF NOVEMBER, 1990 •.
TOWN OF FIRESTONE, COLORADO.
Mayor
ATTEST:
-30-
ORDINANCE NO. 282
AN ORDINANCE AMENDING SECTION 8.12.050 OF THE FIRESTONE MUNICIPAL
CODE RELATING TO UNIFORM SERVICE CHARGES FOR THE COLLECTION OF
GARBAGE AND REFUSE.
WHEREAS, the
amendments to
necessary and
Town Board of
Chapter 8.12
desirable;
Trustees has determined that certain
of the Firestone Municipal Code are
NOW THEREFORE, BE IT ORDAIN.ED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO, THAT:
Section 1. Section 8.12.050 relating to service charges for
the collection of garbage and refuse is hereby amended to change
the monthly charge as follows:
8.12.050 Uniform service charge. There is impos~d as a
uniform service charge, for collection of garbage and
refuse, the sum of eight dollars and seventy-five cents
($8.75), such sum to be added to each monthly water bill.
issued by the town.
Section 2. Safety Clause. The Town Board of Trustees
hereby finds, determines, and declares that this ordinance is
promulgated under the general police power of the Town of
Firestone, that it is promulgated for the health, safety, and
welfare of the public, and that. this ordinance is necessary for
the preservation of health and safety and for the protection of
public convenience and welfare. The Board of Trustees further
determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained.
Section 3. Severability. If any clause, sentence,
paragraph, or part of this ordinance or the application thereof
to any person or circumstances shall for any reason be adjudged
by a court of competent jurisdiction invalid, such judgment shall
not affect application to other persons or circumstances.
Section 4. Effective Date. This ordindnce shall become
effective January 1,.1991.
INTRODUCED, READ IN FULL, ADOPTED AND ORDERED PUBLISHED ONCE
IN FULL.this 8th day of November, 1990.
ATTEST:
own Cle
(SEAL)
Ord. 282
2
TOWN OF FIRESTONE, COLORADO
Rick Patterson
'Mayor .
' ORDINANCE NO. 283
AN ORDINANCE TEMPORARILY EXTENDING THE TERM OF A FRANCHISE
WHEREAS, the Board of Trustees granted an electric franchise in
1965 to Union Rural Electric Association and its successors and assigns;
and
WHEREAS, the franchise did expire in April, 1990;·and
WHEREAS, the Town and the franchisee are in negotiations
concerning the renewal of the franchise; and
WHEREAS, it is necessary and desirable to the' Town and the
franchisee to continue in effect the existing franchise for a temporary
period while those negotiations are taking place; and
WHEREAS, the Board of Trust~es declares that an emergency exists
because of the need for timely action to so continue in effect the
existing franchise;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Chapter 13.24 of the Firestone Municipal Code is
amended by the addition of the following new Section 13.24.170, to read:
13.24.170 Temporary extension of term. Notwithstanding
· the provisions of Section 13.24.120, this chapter shall remain in
effect through and including January 31, 1991.
Section 2. The Board of Trustees herewith finds, determines,
and declares that this ordinance is necessary to the immediate reservation
of the public health and safety. This ordinance shall be effective upon
adoption and approval by the Mayor.
INTRODU~, READ, :,~ED, APPROVED, AND ORDERED PUBLISHED IN
FULL THIS 6-1--:'--day of ,/,V~ , 1990. ,
Mayor
ATTEST:
ORDINANCE NO. JYt 1 . · · ... I .·
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF TITLE 13 CHAPTER 13.08 OF THE CODE
OF THE TOWN OF FIRESTONE ..
WHEREAS, THE BOARD.OF TRUSTEES HAS DETERMINED THAT AMENDMENTS TO THE TOWN'S
WATER ORDINANCE ARE NECESSARY; and .
WHEREAS, THE BOARD OF TRUSTEES DECLARES THAT AN EMERGENCY EXISTS BECAUSE OF THE
NEED TO MAKE SUCH AMENDMENTS EFFECTIVE AS SOON AS PO~SIBLE; .
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD .OF TRUSTEES, TOWN OF FIRESTONE,
WELD COUNTY, COLORADO:
Section 1. Title 13 Cha.pter 13.08 Section.13.08.020 of the code of the Town
of Firestone is hereby repealed and reenacted to read as follows:
METER
SIZE
5/8"
3/4" 1 II .
1-1/2"
2"
13.08.020 Water Service Charge.
MONTHLY
· MINIMUM
CHARGE FOR
FIRST
Effective March 1, 1991, .there shall be assessed and
charged for the use of water measured through a meter, P.er
month, from any of the water 1 i nes., water mains, or water
system of the town of Firestone, rates and rentals, as
follows:
5,000-15,000 15,000-20,000 OVER 20,000
PER 1,000 PER 1,000 PER1,000
5,000 GALLONS . GALLONS USED GALLONS USED GALLONS. USED
$ 14. 55 $1.10 $1.20 $1.30
$ 25:35 $1. 10 · $1 . 20 $1.30
$ 50.85 $1 . 10 $1.20 $1.30
$ 75.65 $1. 10 $1.20 $1.30
$130.65 $1. 10 $1:20 $1.30
Section 2. Title 13, Chapter 13.08.is amended by the addition of a new
Section 10.08.090. to read as follows:'
13.08.090. Charge for service calls after hours.
Effective March 1, 1991, any person who requests, in
connection with water service, a service call, by Town
personnel before or after normal business hours as
established from time to time by the Board of Trustees,
shall be.charged an after hours service call charge in the
amount of $30.00.
Section 3. All Ordinances, Resolutions, and Motions of the Board of Trustees
of the Town of Firestone or parts thereof, in conflict with the provisions of
this Ordinance, are to the extent .of such conflict hereby superseded and
repealed. '
0
Section 4. . The sections of this Ordinance are hereby declared to be
severable, and if any section, ·provision,' or part thereof shall be held ·
unconstitutional or invalid, the remainder of this Ordinance shall continue in
full force and effect, it being the legislative-intent that_ this Ordinance
would have b.een adopted even if such unconstitutional or invaliq matter had not
been included therein. It is further declared that if any provision or part of
this section,· or the application thereof to any person, or circumstances, is
held invalid, the' remainder o'f this Ordinance and the application thereof to
other persons. shal 1 not be effected thereby.
Approved, adopted, and or,dered pub! is~=1~by the Board of Trustees of the Town
of F.irestone on the /1-'i'l-day of c~./~«<"~'? . , 1991.
Mayor
ATTEST:
ORDINANCE NO.
\
\
AN ORDINANCE REPEALING AND REENACTING CHAPTER 13.24 OF
THE FIRESTONE MUNICIPAL CODE, ENTITLED "ELECTRIC
FRANCHISE."
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE,· COLORADO:
Section 1, Chapter 13.24 of the Firestone Municipal Code is
hereby repealed and reenacted its entirety to read as follows:
CHAPTER 13.24
ELECTRIC FRANCHISE
section 13. 24. 010. Definitions. For the purpose of this
Ordinance, the following words and phrases shall have the meaning
given in this article. When not inconsistent with the context,
words used in the present tense include the future tense, words in
the plural number include the singular number, and words in the
singular number include the plural number. The. word "shall" is
mandatory and "may" is permissive. Words not defined in this
article shall be given their common and ordinary meaning.
a. "Town II means the Town of Fire stone, and includes the
territory as currently is, or may in the future be, included within
the boundaries of the Town of Firestone and where the context so
requires, includes the officers, employees, and legal
representatives acting for and on behalf of the Town of Firestone,
Colorado.
b. "Company" means the United Power, Inc. , and its
successors and assigns.
c. Trustees" or "Board of Trustees" means the
legislative body of the Town of Firestone.
d. "Distribution Facilities" means those facilities
reasonably necessary to provide electricity into, within, and
through the Town.
e. "Electricity" means all electric energy and electric
service provided to the Town and to all persons, businesses and
industry within the Town.
f. ''Facilities" means all components of the Company
which are reasonably necessary to provide electricity into, within
and through the Town and includes plants, works, systems,
substations, transmission and distribution structures, fixtures,
lines, equipment, pipes, mains, conduits, transformers, underground
lines, meters, wires, cables and poles.
1
g. "Public Utilities Commission"
Utilities Commission of the State of Colorado
succeeding to the regulatory powers of the
Commission of the State of Colorado.
means the Public
or other authority
Public Utilities
h. "Revenues" means the gross amount of money which
the Company receives from (1) its customers within the Town for the
sale of electricity under lawfully adopted rates, temporary or
permanent, and represents amounts billed under such rates as
adjusted for refunds, the net write-off of uncollectible accounts,
corrections or other regulatory adjustments, and (2) the wheeling
of electricity to customers within th.e Town.
i. "Streets and other public places" means streets,
alleys, viaducts, bridges, roads, lanes, easements, public ways and
other public places in the Town.
j . "Franchise" means the rights granted by this
Ordinance.
Section 13.24.020. Grant of Franchise. The Town of Firestone
hereby grants to United Power, Inc., for the period specified and
subject to the conditions, terms and provisions contained in this
Ordinance, a none~clusive right to furnish, sell and distribute
electricity to the Town and to all persons, businesses, and
industry within the Town; a nonexclusive right, subject to the
ordinances, rules, and regulations of the Town, including without
limitation the zoning, subdivision and building ordinances of the
Town, to acquire, construct, install, locate, maintain, operate and
extend into, within and through the Town all facilities reasonably
necessary to provide electricity to the Town and to all persons,
businesses and industry within the Town; and a nonexclusive right
to make reasonable use of the streets and other public places as
may be necessary to carry out the terms of this Ordinance.
Section 13,24,030. Term of Franchise. The franchise granted
by this Ordinance shall take effect on adoption and approval and
shall supersede the franchise granted to United Power, Inc. or its
predecessor by the Town of Firestone Ordinance No. 26 which, by
virtue of Ordinance Nos. 263, 264, 212; 279, and 283, otherwise
expires on January 31, 1991. This franchise shall expire on
December 31, 2010.
Section 13,24.040. Franchise Fee. In consideration for the
franchise granted by this Ordinance, which provides for the
company's use of streets and other public places, which are
valuable public properties acquired and maintained by the Town at
great expense to its residents, and in recognition that the grant
to the Company of the use of those streets and other public places.
is a valuable privilege, the Company shall pay to the Town a sum
equal to three percent (3%) of its annual _revenues.
2
' .
Section 13,24,050. Pavment Schedule. For the franchise fee
owed on revenues received after the effective date of this
Ordinance, payment shall be made in monthly installments not more
than thirty days following the close of the month for which payment
is to be made. If necessary, initial and final payments shall be
prorated for the portions of the months at the beginning and end
of the term of this Ordinance. All payments shall be made to the
Town Clerk. The Town shall have reasonable access to the books of
the Company for the purpose of auditing or checking to insure that
the franchise fee has been correctly computed and paid, and for any
other purpose reasonably relating to any other matter covered by
this Ordinance.
Section 13. 24. 060. Reimbursement by Company. The Company
· shall reimburse the Town for the costs of upgrading the electricity
distribution facilities of the Town building or facility that uses
electricity where such upgrading is caused or occasioned by the
Company's decision to increase the voltage of delivered electrical
energy.
Section 13,24,070. Franchise Fee not in Lieu of Other Fees.
Payment of the franchise fee by the Company is accepted by the Town
in lieu of any utility occupation tax or other compensation for the
privilege of using the streets and other public places of the Town
as granted under this franchise, but such payment shall not exempt
the Company from any other lawful fees, charges, or taxes that are
or may become generally applicable to other persons conducting
business within the Town.
Section 13,24,080. Change of Franchise Fee and Other
Franchise Terms. Once during each calendar year of the franchise
term, the Board of Trustees, upon giving thirty (JO) days notice
to the Company of its intention to do so, may review and change the
franchise fee or other consideration the Town may be entitled to
receive as a part of the franchise; provided, however, the Board
of Trustees may only change the franchise fee or other
consideration to be received by the Town under the terms of this
Ordinance to the equivalent of the franchise fee or other
consideration paid by the Company to any city and town in the State
of Colorado in which the Company supplies electric service under
franchise, license, or permit. The Company shall report to the
Town within thirty (JO) days of execution of a franchise, license,
or permit or of any change in a franchise, license, or permit in
any other municipality, the terms of which if included in this
Ordinance could have a financial impact on the consideration to be
paid by the Company to the Town. If the Board of Trustees decides
that the such terms shall be included in this Ordinance, it shall
have the power to provide for such change by the adoption of an
amendatory ordinance; provided that the total consideration paid
to the Town shall not be not higher than the highest consideration
paid by the Company to any municipality within the State of
Colorado. For purposes of this section, consideration means the
J
franchise fee established in Section 13.24.050, and also includes
any other provision which the Board of Trustees in its sole
discretion determines to be of financial benefit to the Town.
Section 13,24,090. Contract Obligation. This Ordinance
constitutes a valid and binding contract between the Company and
the Town. In the event that the franchise fee specified in this
Ordinance is determined to be illegal, unconstitutional or void by
a court of competent jurisdiction, or other authority having
jurisdiction, the Company shall be contractually bound to pay the
Town, on the same schedule as provided herein for the franchise
fee, an aggregate amount which would have been paid as a franchise
fee. In addition, if the franchise fee is declared invalid, the
Town shall have the right to impose occupation and license fees and
permit charges reasonably equivalent on an annual rate to said
franchise fee.
section 13.24.100. Copies of Tariffs. The Company shall keep
on file in its offices copies of all its tariffs currently in
effect and on file with the Public Utilities Commission. Said
tariffs shall be available for inspection by the Town and by the
public.
Section 13,24.110. Compliance with PUC Regulations. The
Company shall comply with all applicable rules· and regulations
adopted by the Public Utilities Commission.
Section 13.24,120. Installation and Maintenance of Company
Facilities. The installation, maintenance, renovation and
replacement of any significant facilities by the Company shall be
subject to the prior approval of and to inspection by the Town,
except such prior approval shall not be required where such
installation, maintenance, renovation or replacement necessitated
by an emergency concerning which the Company did not have and could
not reasonably have had prior notice. All Company facilities
installed on streets and other public places shall be located and
operated so as to cause a minimal amount of interference with such
property. At least 30 days prior to any construction of any
facility within a street or other public place, the Company shall
advise the Town, and upon request of the Town, shall provide the
Town with a copy of the plans for such construction for the Town's
review and comment. Reasonable changes requested by the Town shall
be incorporated into such plans. Company facilities shall not
interfere with the Town's water mains, sewer mains, storm drainage
facilities, or any other municipal use of the Town's streets and
other public places. The Company shall erect and maintain its
facilities in such a way as to minimize interference with trees and
other natural features. The Company shall keep in good working
order all facilities constructed, erected or used within the Town.
4
Section 13. 24 .130. Excavation and Construction. a. The
Company shall comply with all applicable Town requirements for
construction, excavation, maintenance, and repair work and shall
be responsible for obtaining and for causing any contractor or
subcontractor of the Company to obtain, all applicable permits.
The Town shall have the right to inspect all construction,
excavation, maintenance or repair work done by or on behalf of the
Company.
b. All construction, excavation, maintenance and repair
work done by or on behalf of the Company shall be done in a timely
and expeditious way and in a manner which minimizes. the
inconvenience to the public and to individuals. Any streets or
other public places, or any other property disturbed by Company
construction, excavation, maintenance, or repair work shall be
restored as soon as reasonably possible by the Company, at its
expense, to substantially its former condition and shall be subject
to inspection by the Town and compliance by the Company with such
reasonable remedial action as may be required by the Town pursuant
to said inspection.
c. The Company shall comply with any Town request for
reasonable and prompt action to remedy any damage to any public or
private property adjacent to streets or other public places where
the Company is performing construction, excavation, maintenance,
or repair work. If the Town determines that any disturbance of or
damage to any public or private property occurring in the
performance of such construction, excavation, maintenance or repair
work poses a threat to the health, safety, or welfare of the public
and the Company fails to make repairs promptly upon the Town's
request, the Town may cause repairs to be made and the Company
shall be responsible for payment of the cost of such repairs.
section 13.24.140. Relocation of Company Facilities. If at
any time the Town requests the Company to relocate any distribution
facility installed or maintained in streets or other public places
in order to permit the Town to make any public use of such streets
or other public places, to construct any public improvement, to
build any public project, to protect the public health, safety,
welfare, or convenience, or for any other municipal purpose, such
relocation shall be made by the Company at its expense. Using the
funds allocated pursuant to Section 13.24.290, any relocation of
overhead lines of at least one block or 750 feet in length shall
be placed underground by the Company, if requested by the Town.
Any relocation shall be completed within 120 days, unless a longer
time is agreed to by the Town. Following relocation, t.he property,
including any legally existing encroachments on the property, shall
be restored to its former condition by the Company at its expense.
Nothing herein contained shall be construed to impose any
obligation upon the Town to make any payment for any relocation of
Company's facilities.
5
Section.13.24.150. Service to New Areas. If during the term
of this Ordinance the boundaries of the Town are expanded, the
Company shall extend service, at the earliest practicable time, to
the newly incorporated areas if such areas are within the Company's
certificated service area. Service to annexed areas shall be in
accordance with the terms of this Ordinance, including payment of
franchise fees.
Section 13.24.160. Restoration of Service. In the event the
Company's electric system, or any part thereof, is partially or
wholly destroyed or incapacitated, the Company shall use due
diligence to restore its system to satisfactory service within the
shortest practicable time.
section 13.24.170. Continued Compliance with Air and Water
Pollution Laws. The Company shall use its best efforts to comply
at all times with the standards required by applicable Federal and
State air and water pollution laws.
Section 13.24.180. Regulation by the Town. The Town
expressly reserves, and the Company expressly recognizes, the right
and duty of the Town to adopt, from time to time, such ordinances,
rules, and regulations in the exercise of its police power as the
Town deems necessary to ensure the health, safety and welfare of
the public. The Company and any contractor or subcontractor of the
Company shall comply with all lawful Town ordinances, rules, and
regulations. Nothing herein shall waive the Company's right to
challenge the validity of any such ordinance, rule, or regulation.
section 13. 24 .190. Inspection, Audit and Quality Control.
The Town shall have the right to inspect at all reasonable times
any portion of the Company's system used to serve the Town and any
costumers within the Town. The Town also shall have the right to
inspect and conduct an audit of Company records relevant to
compliance with any terms of this. Ordinance at all reasonable
times. The Company agrees to cooperate with the Town in conducting
any inspection or audit and to correct any discrepancies affecting
the Town's interest in a prompt and efficient manner.
Section 13.24.200. Warranties and Obligations Regarding
Company Facilities. The Company hereby warrants to the Town that
it will install, repair, renovate and replace its facilities in a
good and workmanlike manner, in a timely and expeditious manner,
in a manner which minimizes inconvenience to the public and
individuals, in a cost effective manner, and in a manner consistent
with all applicable ordinances, rules and regulations of the Town,
and shall include the use of first class techniques and equipment.
If the Company uses private contractors in such installation,
repair, renovation, or replacement, it shall use qualified and
properly licensed private contractors. In addition, the Company
hereby warrants to the Town that the Company's facilities will be
of sufficient capacity, quality, redundancy and durability to
6
provide adequate and efficient electric service to the Town and to
customers within the Town. The Company shall require warranties
customary for the industry from its third party suppliers of any
equipment incorporated into the company's facilities and shall
fully enforce all such warranties.
Section 13.24.210. Adequate Supply. a. The Company shall
at all times take all reasonable and necessary steps to assure an
adequate supply of electricity to the Town and to customers within
the Town.
b. If the supply of electricity to the Town or any
customer within the Town is interrupted, the Company shall
immediately take all necessary and reasonable actions to restore
such supply at the soonest possible time. The Company shall
compensate the Town for· any damages, including consequential
damages, to the Town which result from any such interruption caused
by the negligence or other fault of the Company.
c. The Company shall provide to the Town a telephone
number which is not available to the public that will permit _the
Town to obtain status reports from the Company on a twenty-four
hour basis concerning any interruption of the supply of electricity
in any portion of the Town.
section 13.24.220. Technological Improvements. The Company
shall introduce and install generally, as soon as practicable,
technological advances in its equipment and service in the Town
when such advances are technically and economically feasible and
are safe and beneficial to the Town and to customers within the
Town. Upon request by the Town, the Company shall review and
promptly · report advances which have occurred in the electric
utility industry that have been incorporated into the Company's
operations in the Town in the previous year or will be so
incorporated in the next six (6) months. Furthermore, upon request
by the Town, the Company shall inform the Town of any "state of the
art" advances which have occurred in the electric utility industry
and which are available for consideration by the Company for
incorporation in the Company's operations in the Town. In
addition, upon request by the Town, the Company shall report to the
Town any plans to include technological advances relating to
communications systems such as fiber optics which may utilize
facilities already in place for the transmission of communications
signals, and which facilities may be installed by the Company for
its own use, the use of the Town, or for use of others as the Town
may franchise, license, or permit. The Town may use such
facilities for its own use without cost to the Town, except such
additional costs which are reasonably incurred by the Company as
the result of the Town's use. The Town shal 1 not use such
facilities for commercial uses without agreement of the Company for
the consideration to be paid Company for such use, nor for uses
which will impair the Company's use of its own facilities. Upon
7
request of the Town, the Company shall provide a detailed report
for the Town's use of such communications systems. Nothing
contained herein shall be construed to authorize the Company to
engage in telecommunications activities, nor shall this Ordinance
be construed as a franchise for said telecommunications activities
within the Town.
Section 13.24.230. Changing Conditions. The Company and the
Town recognize that many aspects of the electric utility businesses
are currently the subject of discussion, examination and inquiry
by different segments of the industries and affected regulatory
authorities and that these activities may ultimately result in
fundamental changes in the way the Company conducts its business
and meets its service obligations. In recognition of the present
state of uncertainty respecting these matters, the Company and the
Town each agree, on request of the other during the term of this
Ordinance, to meet with the other and discuss in good faith whether
it would be appropriate, in view of developments of the kind
referred to above during the term of thi·s Ordinance, to amend this
Ordinance or enter into separate, mutually satisfactory
arrangements to effect a proper accommodation of any such
developments.
Section 13.24.240. Town Use. The Town shall be permitted to
make all reasonable use for Town purposes of any electrical
distribution facilities of the Company, including underground
facilities, without cost to the Town, provided such use does not
unreasonably interfere with the use of such facilities for
distribution of electrical energy or create an unreasonable hazard.
Such use may include, by way of explanation but not by way of
limitation, the attachment of traffic control signs, fire alarm or
police signal systems or the attachment of cables for transmitting
television or radio signals, or any other use of the system or any
part thereof. The Company shall not be responsible for any
modifications to the system or for payment of any costs
necessitated by such use.
Section 13.24.250. Underground Conduit. In addition to any
other rights of the Town hereunder, in the event the Company
installs new electric conduit or replaces existing electric conduit
and the Town wants additional electric conduit installed, it will
so notify the Company and timely provide electric conduit at its
expense to the Company which will install it without further cost
to the Town, provided that such Town activity shall not
unreasonably interfere with Company facilities or delay the
project. The Town and the Company shall cooperate to m1n1m1ze
installation costs of underground electric conduit and to minimize
cutting the streets.
Section 13.24.260. Town Not Required to Advance Funds. The
Company shall extend its facilities to provide electric service
to the Town for municipal uses within the Town limits or for any
8
major municipal facility outside the Town limits and within the
Company's certificated area without requiring the Town to advance
any funds in aid of construction more than ten (10) days in advance
of construction.
section 13. 24. 270. Annexation to the Town. When any property
owned by the Company becomes eligible for voluntary annexation to
the Town and is not simultaneously eligible for voluntary
annexation to another municipal corporation, the Company shall
petition to annex the same upon request made by the Town, provided
that no condition of such annexation shall impair the Company's
ownership or then existing use of its property and water or water
rights for public utility purposes. Except as herein provided, the
Company agrees to meet all terms and conditions imposed upon the
annexation by the Town that are no more stringent than those
imposed generally upon property owners seeking annexation of their
land to the Town. The Company shall be exempted from a public
donation of land, money or water rights arising from such mandatory
annexation under this section to the extent that the land being
annexed is committed, dedicated and being utilized by facilities
directly involved in generating, transmitting or distributing
electric energy or gas services under this ordinance, and provided
further that said exemption from public donation shall not extend
to any unimproved land or land not so committed, dedicated and
currently used.
Section 13. 24. 280. Underground Distribution Lines in New
Areas. Upon payment of the appropriate charges, the Company agrees
to place newly constructed electric distribution facilities
underground to serve new developments within the Town in accordance
with the Company's tariffs and as required by any ordinances, rules
or regulations of the Town.
section 13. 24. 290. Overhead Conversion at Expense of Company.
a. To assist in the development of a program to underground
existing overhead electric distribution lines, the Company agrees
to allocate an annual amount equivalent to one percent (1%) of the
preceding year's electric revenues derived from customers within
the Town for the purpose of undergrounding its overhead
distribution facilities in the Town in connection with the public
projects to be undertaken by the Town; provided that the
undergrounding shall extend for a minimum distance of one (1) block
or 750 feet, whichever is less. Public projects shall be those
public improvement programs undertaken where the replacement of the
Company's existing overhead distribution lines (including feeder
lines) with underground distribution facilities is determined by
the Town to be in the general public interest. In no event shall
any overhead conversion expense be charged against the one percent
(1%) fund herein provided for unless the project to be so funded
shall have been initiated by the Town.
9
b. Any unexpended portion of the one percent (1%) of
electric revenue shall be carried over to succeeding years. Upon
request by the Town, the Company agrees to anticipate amounts to
be available for up to three ( 3) yea·rs in advance to be used to
underground its overhead distribution facilities in such public
projects mutually agreed to with the Town. Any amounts so advanced
shall be credited against amounts to be expended in succeeding
years until such credit advance is eliminated.
Section 13.24,300. Review of matters. Representatives of
the Town and the Company shall meet periodically, when requested
by the Town, to review the Town or Company matters affecting the
other. Such review may include the following:
a. Undergrounding programs, including conversions,
public projects and replacements, which have been accomplished or
are underway by the Company, together with the Company's plans for
additional undergrounding.
b. The status of technology in the field of electric
undergrounding.
c. Construction ahd operation and maintenance costs of
underground lines versus overhead lines.
ct. The coordination of Company construction, excavation,
maintenance, and repair activities within the Town.
e. Public projects anticipated by the Town.
Section 13.24.310. Cooperation with Other Utilities. When
undertaking a project of undergrounding, the Town and Company shall
work with other utilities or companies which have their lines
overhead to have all lines undergrounded as part of the same
project. When other utilities or companies are placing their lines
underground, the Company shall work with these utilities and
companies and undertake to underground Company facilities as part
of the same project where feasible and in accordance with the
Company's tariffs. In each instance, each utility and company
shall pay its appropriate share of the costs.
section 13,24,320. Company Obligations to the Town. Except
for the Town's negligent or willful acts, the Company shall defend,
indemnify, and hold harmless the Town, its officers, and its
employees from and against any and all claims or losses of
whatsoever nature, including attorney's fees, arising from or in
any way connected with the operations of the Company within the
Town or the exercise by the Company of any rights or obligations
contained in this Ordinance or the franchise granted hereunder,
including any third party claims, administrative hearings, and
litigation. No expenses incurred by the Company under this section
shall be surcharged by the Company. In the event of litigation
10
concerning any breach of this Ordinance, or for an interpretation
of this Ordinance, the prevailing party shall be entitled to
recover all costs related thereto, including reasonable attorney's
fees.
section 13.24.330. Notice to Company. The Town will provide
notice to the Company of the pendency of any claim or action
against the Town arising out of the exercise by the Company of its
franchise rights. The Company will be permitted, at its own
expense, to appear and defend or to assist in defense of such
claim.
section 13.24.340. Payment of Expenses Incurred by Town in
Relation to Ordinance. At the Town's option, the Company shall pay
in advance or reimburse the Town for publication and election costs
incurred with respect to this Ordinance.
section 13.24.350. Transfer or assignment. The Company shall
not lease, transfer, assign or otherwise alienate the rights under
the franchise granted by this Ordinance or any portion thereof
without first having obtained the approval of the Town by
ordinance, which approval shall not be unreasonably withheld. In
the event any transfer or assignment of such rights occurs without
such approval, the Town may declare the franchise granted by this
Ordinance forfeited. Any transfer or assignment of rights under the
franchise granted by this Ordinance shall be subject to the
condition that the transferee shall promptly pay to the Town a
transfer fee in an amount equal to a prorated share of one million
dollars, which prorated share shall be calculated by multiplying
one million dollars times a fraction of which the population of the
Town is the numerator and the population of the City and County of
Denver is the denominator, or in an amount equal to all reasonable
legal costs and other expenses incurred by the Town as a result of
the transfer, whichever is the greater amount. The population
shall be determined on the basis of the best population estimate
available as of the effective date of the transfer and obtained
from the federal or state government. The payment of the transfer
fee may be waived by the Town if the Board of Trustees determines
that such a waiver would be in the best interests of the Town. The
transfer fee will be further prorated on an equitable basis in the
case of a partial assignment. The transfer fee shall not be
recovered from the Town or from customers within the Town through
electricity rates charged to the Town or to such customers, or by
any surcharge by the transferee.
Section 13.24.360. Town's Right to Purchase or Condemn. The
rights of the Town and the Company with respect to the right of the
Town to construct, purchase or condemn public utility facilities,
as provided by the Colorado Constitution and Statutes, are hereby
expressly reserved. The Town shall have the option to purchase or
condemn in whole the Company's distribution facilities within Town
limits then utilized in serving persons, businesses and industry
11
of the· Towri during the 5th, 10th, 15th or last year of this
Ordinance, provided that the Town give the Company one (1) year's
written notice of its intent to purchase or condemn.
Section 13.24.370. Negotiated Purchase Price or Condemnation
Award. Upon the exercise of the Town's option to purchase, the
parties shall negotiate in good faith to determine the facilities'
fair market value at the time of such purchase or condemnation,
excluding all value of the franchise or right-of-way granted
hereunder. · ·
section 13.24.380. Limitations on Company Removal. If at the
time of termination of the franchise granted under this Ordinance
no renewal has been negotiated between the Town and the Company,
the Company shall not be required to remove its distribution
facilities immediately from the streets and other public places.
At the Town's request and within a reasonable time not to exceed
nine (9) months, the Company shall remove at the Company's expense
from the public streets and other public places all overhead
distribution facilities belonging to the Company which are not
purchased by the Town at the termination of the franchise.
Further, the Company, at the request of the Town, shall remove at
the Company's expense all underground distribution facilities which.
are not purchased by the Town within nine (9) months after the
receipt by the Company of a written notice from Town that the said
underground facilities constitute a hazardous condition or
interfere with a municipal use of the subsurface of said streets
and other public places. All public property shall be restored by
the Company to its former condition after said removal. The
Company need not remove any property from said public streets and
other public places which it shall continue to use and maintain
pursuant to contractual arrangements with the Town.
Section 13.24.390. Forfeiture. If the Company fails to
perform any of the terms and conditions of this Ordinance required
herein to be performed by the Company, the Town, acting by and
through its Board of Trustees, may determine after hearing that
such failure is of a substantial nature. Upon receiving notice of
such determination, the Company shall have six (6) months' time in
which to remedy the violations. In the event said failure is such
that it cannot be reasonably corrected within six (6) months, the
Town shall provide such reasonable time as is necessary in lieu
thereof. If after such time corrective actions have not been
successfully taken, the Town, acting by and through its Board of
Trustees, shall determine whether any or all rights and privileges
granted the Company under this Ordinance shall be forfeited.
Section 13.24.400. Judicial Review. Any such declaration of
forfeiture shall be subject to judicial review as provided by law.
Section 13. 24. 410. Other Legal Remedies. Nothing herein
contained shall limit or restrict any legal rights that the Town
12
or the· Company may possess arising from any such alleged
violations.
Section 13.24.420. Continued Obligations. Upon forfeiture,
the Company shall continue to provide service to the Town and to
customers within the Town until the Town makes alternative
arrangements for such service. If the. Company fails to provide
continued service, it shall be liable for damages to the Town and
to customers within the Town.
section 13.24.430. Amendments. At any time during the term
of the franchise granted by this Ordinance, the Town, acting by and
through its Board of Trustees, or the Company may propose
amendments hereto by giving thirty (30) days written notice to the
other of the proposed amendment(s) desired, and both parties
thereafter, through their designated representatives, will
negotiate in good faith and within a reasonable time in an effort
to agree upon mutually satisfactory amendment ( s) . Amendment ( s)
hereto shall be made only by ordinance. The word "amendment" as
used in this section does not include a change authorized in
Section 13.24.090.
Section 13.24.440. Conduct of Business. The Company, from
time to time, may establish such rules, regulations, terms and
conditions governing the conduct of its business as shall be
reasonably necessary to enabie the Company to exercise its rights
and perform its obligations under this franchise, provided,
however, that such rules, regulations, terms and conditions shall
not be in conflict with the provisions of this franchise, the
ordinances, rules, and regulations of the Town, or the laws of the
State of Colorado.
section 13.24.450. Representatives. Each party shall
designate from time to time in writing, a representative to whom
notices shall be sent regarding any action to be taken under this
Ordinance. All notices provided for herein shall be in writing and
forwarded by certified mail or hand delivery to the persons and.
addresses as hereinafter stated, unless the names and addresses are
changed at the written.request of either party. Until any such
change shall hereafter be made, notices shall be sent to the Town's
Mayor and to the Company's General Manager. Currently the names
and addresses are as follows:
For the Town of Firestone:
Rick Patterson
P.O. Box 100
Firestone, co 80520
13
For the· Company:
David I. Dunnell
18551 E. 160th Avenue
P.O. Box 929
Brighton, co 80601
In addition, the Company shall provide to the Town at least
annually, and more often if requested by the Town, a current chain
of command chart showing all executives, managers and supervisors
of the Company, along with their names, titles, and telephone
numbers.
Section 13.24.460. Severability. Should any one or more
provisions of this Ordinance be determined to be illegal or
unenforceable, all other provisions, nevertheless, shall remain
effective, provided, however, the parties shall forthwith enter
into good faith negotiations and proceed with due _ diligence to
draft a term that will achieve the original intent of the parties
hereunder.
Section 13.24.470. Entire Agreement. This
constitutes the entire agreement of the parties. There
no representations made other than those contained
.Ofdinance.
Ordinance
have been
in this
section 13.24.480. The Company shall file with the Town Clerk
its written approval of the franchise granted by this Ordinance and
of all of the terms and conditions thereof at least ten days prior
to the Board of Trustees meeting at which this Ordinance is to be
heard on first reading. The Company shall file with the Town Clerk
its written ratification thereof within ten days after the approval
of this Ordinance on second reading. The acceptance and
ratification shall be in a,form and content approved by the Town
Attorney. If the Company fails to timely file its written
acceptance or ratification as provided in this section, the
franchise granted by this Ordinance shall become null and void.
Section 2. Existing ordinances or parts of ordinances
covering the same matters as embraced in this Ordinance are hereby
repealed, except that this repeal shall not affect, . release,
extinguish, alter, modify, or change in whole or in part any
penalty, forfeiture, obligation, or liability, either civil or
criminal, incurred under any such ordinances or parts of such
ordinances. Such ordinances or parts of such ordinances shall be
treated and held as still remaining in force for the purpose of
sustaining any and all. proper actions, suits, proceedings, or
prosecutions, criminal ai;; well as civil, for the enforcement of
such penalty, forfeiture, obligation, or liability, as well as for
the purpose of sustaining any judgment, decree, or order which can
or may be rendered, entered, or made in such actions, suits,
14
proceedings,· or prosecutions imposing, inflicting, or declaring
such penalty, forfeiture, obligation, or liability.
INTRODUCED, READ, AND ORDERED PUBLISHED IN FULL THIS ~day
_ -i; &:« ... o/ , 19 9 1. of
Attest:
Trudy P terson
Town Clerk
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
ADOPTED AND APPROVED THIS /Paay of ~~
1991.
Attest:
Town
20/136
22/20
25/73
15
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
NOTICE OF APPLICATION FOR FRANCHISE
BY UNITED POWER, INC.
Pursuant to the statutes of the State of Colorado, notice is hereby given that at the
regular meeting of the Board of Trustees of the Town of Firestone, Weld County,
Colorado, to be held on the 14th day of February, 1991, commencing at the hour of 7:30
o'clock p.m. at the usual meeting place in the Firestone Town Hall, 150 Buchanan
Avenue, Firestone, Colorado 80520. United Power, Inc., will make application to said
Town of Firestone for passage of an ordinance granting to United Power, Inc., a franchise
for electric utility service within said Town of Firestone.
The franchise to be applied for will be for a term of twenty (20) years, expiring on
December 31, 2010, and shall provide for a franchise fee to the Town of Firestone in the
amount of three percent (3%) of the gross revenue derived from the sale of electricity by
United Power, Inc., within the Town of Firestone. Consideration of the application for
the franchise shall include terms and conditions thereof.
Dated at Brighton, Colorado, this 21st day of January, 1991.
UNITED POWER, INC.
•
TOWN OF FIRESTONE
SCHEDULE OF PUBLICATION AND ACTION
Notice of Application for Franchise
To be published in paper for three consecutive weeks
First Reading of Ordinance
Publication of Ordinance
Week #1 -Date Published
Week #2 -Date Published
Week #3 -Date Published·
Date:
To be published in paper for three consecutive weeks
Week #1 -Date Published
Week #2 -Date Published
Week #3 -Date Published
Second & Final Reading on Ordinance Date:
Publication of Ordinance (Title Only) Date:
1-30-91
2-6-91
2-13-91
2-14-91
•
UNITED POWER, INC.'S APPROVAL OF THE TOWN
OF FIRESTONE FRANCHISE ORDINANCE No. 285
WHEREAS, United Power, Inc., and the Town of Firestone has negotiated a
franchise for United Power, Inc., to provide electric service to the Town of Firestone,
which franchise is to be adopted as Ordinance No. 285.
WHEREAS, 13.24.480 of this Ordinance provides that United Power, Inc., shall file
with the Town Clerk its written approval of the franchise granted by this Ordinance and
of all of the terms and conditions thereof at least ten (10) days prior to the Board of
Trustees' meeting at which the Ordinance is to be heard on first reading.
WHEREAS, the Ordinance is scheduled to be heard on first reading on February 14,
1991.
THEREFORE, United Power, Inc., hereby approves the franchise granted by this ·
Ordinance and all of the terms and conditions thereof.
Dated January 21, 1991.
UNITED POWER, INC.
Clerk. of the Town of Firestone, Colorado, this,lJ If,,/ day
of ,...,.;~~',4#.~!......---...J 1991.
. . '
UNITED POWER, INC.
Brighton, Colorado
RESOLUTION RATIFYING A FRANCHISE TO
UNITED POWER, INC., GRANTED BY THE TOWN OF
FIRESTONE, COLORADO, BY ORDINANCE NO. 285
WHEREAS, Board of Trustees of the Town of Firestone, has adopted Ordinance No.
285, entitled:
and
AN ORDINANCE REPEALING AND REENACTING CHAPTER 13.24 OF THE
FIRESTONE MUNICIPAL CODE, ENTITLED "ELECTRIC FRANCHISE."
WHEREAS, a public hearing on said ordinance was held Thursday, March 14, 1991;
WHEREAS, Ordinance No. 285 on said date was finally adopted and ordered finally
published; and
WHEREAS, Ordinance No. 285 provides that United Power, Inc., shall file with the
City Clerk its written ratification of this ordinance granting !J. franchise within ten days
after the approval of the Ordinance on second reading.
NOW, THEREFORE, United Power, Inc., hereby ratifies the grant of the franchise
upon the terms set forth in Ordinance No. 285 and agrees to be bound by all terms and
conditions thereof.
DATED this /~ day of ~ , 1991.
\
UNITED POWER, INC.
Ti tie: +-'-P.,_r"'e s,,_i,_,d.,.e.,_,n.,,_t ________ _
Filed with the City Clerk of the Town of Firestone this /7~
of '7'ltu&?: , 19 91. ' r -4" .,,J/-"-'-----
By~----
City Clerk
day
ORDINANCE NO.~_____._,J_'----"· ~""~"'---
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF TITLE 13 CHAPTER
13.08 OF THE CODE OF THE TOWN OF FIRESTONE ..
I
WHEREAS THE BOARD OF TRUSTEES HAS DETERMINED THAT AMENDMENTS TO
THE TOWN'S WATER ORDINANCE ARE NECESSARY; and
WHEREAS, THE BOARD OF TRUSTEES DECLARES THAT . AN EMERGENCY EXISTS
BECAUSE OF THE NEED TO MAKE SUCH AMENDMENTS EFFECTIVE AS SOON AS
POSSIBLE;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES, TOWN OF
FIRESTONE, WELD COUNTY, COLORADO:
Section 1. Title 13. Chapter 13.08 is amended by the additon
of a new Section 13.08.100 to read as follows:
13.08.100 Charge for service when meters are read for
the first time after estimations. All usage
in excess of. 5,000 gallons for the first
reading after meters have been estimated will
be charged. at the lowest increment as
referred to in Section 13.08.020.
Section 2. Title 13 Chapter 13.08 Section 13.08.010 is hereby
repealed and reenacted to read as follows:
13.08.010
Meter Connection
Size Charge
5 / 8 II $1800.00
3 I 4 11 $2800.00
1 II $5800.00
Water connection charges. A.
imposed a capital investment
charge and connection charge for
commercial and industrial users,
issuance of a building p~rmit by
follows:
Capital
Investment
and Repair
$600.00
$600.00
$600.00
There is
and repair
residential,
payable upon
the town, as
Total
$2400.00
$3400.00
$6400.00
Capital Investment and R:epair charges and connection charges for
taps requiring a meter larger than one inch shall be determined
by the board of trustees of the town on an individual basis
considering such factors as type of use, contemplated volume
demand for water, effect on the entire water system in the town
and all other factors relevant to the applica'tion.
B. In addition to the charges set forth in Subsection A of
this section, there shall be transferred to the town at the time
of payment of said charges the following:
1. one acre foot share of Colorado ''Big T'' water for each
living unit of residential development;
2 . three acre
each acre
industrial
foot share of
or portion of
development; or
Colorado "Big
an acre of
T" water
commercial
for
or
3. In lieu of acre foot shares set forth in paragraphs 1
and 2 above, an amount equivalent to one hundred and
ten percent of the then-current purchase price of such
shares as determined by the town. The Town shall set
these funds aside for the future purchase of acre foot
shares of Colorado "Big T" water.
C. There shall be a limit on the number of living units
allowed per tap size in residential units as follows:
Meter size Number of Li Vi ng Units
5 / 8 " 1
3 I 4 " 2-4
1 " 5-6
1-1/2" 7-12
2" 13-23
D. No water tap or connection shall be made to the town
water system unless a permit is first obtained from the town
clerk for such tap or connection and all applicable charges set
forth in this chapter have been paid. All fees and charges shall
be paid at the time of the issuance of the building permit at the
then effective rate.
E. All connections or taps shall be made by a licensed
plumber and shall be at the sole expense of the applicant. The
applicant shall furnish at its sole expense all materials and
labor necessary for the tap or connection, except that the town
shall furnish the necessary water meter, the price of which is
included in the fee set forth in subsection A of this section.
F. All connections or taps shall be made in conformance
with specifications as may be promulgated by the board of
trustees and shall be made under the supervision of the building
inspector, or other designee of the board of trustees.
G. After such tap or connection is made and accepted, the
town shall be the owner of and shall maintain the line from the
water main to the meter and the applitant shall own and mai~tain
the line from the meter to the 'premises.
Section 3. All Ordinances, Resolutions, and Motions of the
Board of Trustees of the Town of Firestone or parts thereof, in
conflict with the provisions of this Ordinance, are to the extent
of such conflict hereby superseded and repealed.
Section 4. The sections of this Ordinance are hereby declared
to be severable, and if any section, provision, or part thereof
shall be held unconstitutional or invalid, the remainder of this
. .
·'
Ordi~ance shall continue in full force and effect, it being the
legislative intent that this_ Drdinanc~ would have been adopted
even if such untonstitutional or invalid matter had not been
included therein. It is further declared that if any prov1s1on
or part of this section, or· the applicatio~ thereof to any
person, or circumstances, is held invalid, the remainder of this
Ordinance and the application thereof to other persons shall not
·be effected thereby.
Approved, adopted, and ordered
of the Town of Firestone on
1991 •
ATTEST:
published by the Board of
the ,,.J,:J___,d a y . o f_~-"-"-"""T=------
Trustees
Mayor
ORDINANCE NO. cJ_j'7
TOWN OF FIRESTONE, COLORADO
AN ORDINANCE 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 1992 BUDGET YEAR.
WHEREAS, the Board of Trustees has adopted the annual budget in accordance
with the Local Government Budget Law, on November 14, 1991, and;
WHEREAS, the Board of Trustees has made provision therein for revenues in
an amount equal to or greater than the total proposed expenditures as set
forth in said budget, and;
WHEREAS, it is not only 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 ORDAINED 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, to each fund, for the purposes stated:
General Fund
Total General Fund $221,999
Park Fund
Total Park Fund $ 1,673
Conservation Trust Fund
Total Conservation Trust Fund $ 13,410
Street and Highway Fund
Total Street and Highway Fund $129,229
Water Fund
Total Water Fund $217,224
-31-
,
APPROVED, ADOPTED, SIGNED, AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
OF THE TOWN OF FIRESTONE, COLORADO, THIS FOURTEENTH DAY OF NOVEMBER, 1991.
TOWN OF FIRESTONE, COLORADO
ATTEST:
-32-
•,
ORDINANCE NUMBER 288
TOWN OF FIRESTONE, COLORADO
AN ORDINANCE OF APPROVAL OF THE TOWN OF FIRESTONE, COLORADO
REGARDING THE CONSOLIDATION OF THE TOWNS OF FIRESTONE AND
FREDERICK.
WHEREAS, on September 27, 1990,· the Board of Trustees of the
contiguous towns of Firestone and Frederick unanimously passed a
joint resolution to enter into mutual discussions to develop a
p 1 an fc,r merging the two towns; and
WHEREAS, in October, 1990, the Board of Trustees of the towns of
Firestone and Frederick formed a Consolidation Commission; and
WHEREAS, in December, 1991 the Consolidation Commission issued
its Consolidation Plan; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. That the Board of Trustees approves the terms
and conditions contained in the Consolidation Plan dated December
1991 on file with the Town Clerk.
Section 2. That the Board of Trustees submits the question
of consolidation to the registered electors of the Town of
Firestone at an election to be held in conjunction with the
regularly scheduled municipal election on April 7, 1992.
Section 3. That the Mayor shall cause notice of the
election to be given in a manner prescribed by the "Colorado
Municipal Election Code of 1985".
Section 4. That the form of the ballots at the election
shall be "For Consolidation" and "Against Consolidation".
Section 5. That if a majority of the votes cast in each of
the towns are for consolidation, the proposition shall be
carried; however, if a majority of the votes cast in any of the
towns are against consolidation, the proposition shall be
defeated.
Section 6. If any part or parts of this ordinance are for
any reason held to be invalid, such invalidity shall not effect
the validity of the remaining portions of this ordinance. The
Board of trustees hereby declares that it would have passed this
ordinance and each part or parts thereof irrespective of the fact
that any one part or parts be declared invalid.
, .
Section 7. Existing ordinances or parts of ordinance.s
covering the same matters as embraced in this ordinance are
hereby repealed, except .that this repeal shall not affect or
prevent the prosecution or punishment of any person for any act
done or committed in violation of any ordinance hereby repealed
prior to the effective date of this ordinance.
INTRODUCED, READ, ADOPT APPROVED, AND ORDERED PUBLISHED
IN FULL this 9tiday of ----)'tfZ~~~-----' 1992.
TOWN OF FIRESTONE, COLORADO
~ Rick Patterson, Mayor
T.L. Peterson, Town Clerk
ORDINANCE NUMBER 289
AN ORDINANCE REPEALING ORDINANCE NUMBER 288 OF THE CODE OF THE
TOWN OF FIRESTONE
WHEREAS, the Board of Trustees previously appr9ved, by Ordinance
Number 288, a ~Ian for the consolidation of the Towns of
Firestone and Frederick, and submitted the question of
consolidation to a vote of the electors at the regular municipal
election to be held in April, 1992; and
WHEREAS, the Board of Trustees of the town of Frederick did not
approve the plan; and
WHEREAS, this Board declares that an emergency exists because of
the nearness of the election;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Ordinance Number 288 is hereby repealed.
Section 2. The Board of Trustees herewith finds,
determines, and declares that this ordinance is necessary to the
immediate preservation of the public health and safety. This
ordinance shall be effective upon the adoption and approval by
the Mayor.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL th is /c1.r;t:,day cf ""m~ , 1992.
ATTEST:
~$J
Town Clerk
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
-
ORDINANCE NO, ,,,29.t)
AN ORDINANCE ADDING A NEW SECTION 9,08,130 PERTAINING TO
FRAUD BY CHECK TO THE FIRESTONE MUNICIPAL CODE
WHEREAS, the Board of Trustees of the Town of Firestone has
determined that it is in the best interest of the Town and its
citizens to prohibit the offense of fraud by check; and
WHEREAS, the Board of Trustees declares that an emergency
exists because of the urgent need to provide for the enforcement
thereof;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
SECTION 1, The Firestone Municipal Code is hereby amended . ' by the addition of a new Section 9.08.130 to read as follows:
9,08,130 Fraud by Check, A. As used in this section,
the following words shall have the following definitions, unless
the context clearly indicates otherwise:
1. "Check": a written, unconditional order to pay a sum
certain in money, drawn on a bank, savings and loan association,
industrial bank, or credit union payable on demand and signed by
the drawer. "Check" for the purposes of this section only,
includes a negotiable order of withdrawal and a share draft.
2. "Drawee": the bank upon which a check is drawn or a
bank, savings and loan association, industrial bank, or credit
union on which a negotiable order of withdrawal or a share draft is
drawn.
3. "Drawer": a person, either real or fictitious, whose
name appears on a check as the primary obliger, whether the actual
signature be that of such person or of someone authorized to draw
the check on such person.
4. "Insufficient funds": a drawer has insufficient
funds with the drawee to pay a check when the drawer has no
checking account, negotiable order of withdrawal account or share
draft account with the drawee, or has funds in such account with
the drawee in an amount less than the amount of the check plus the
-amount of all other checks outstanding at the time of issuance. A
check dishonored for "no account" shall also be deemed to be
dishonored for "insufficient funds".
1
..... ,/ .
5. 11 Issue": a person issues a check when the person
makes, draws, delivers or passes it, or causes it to be made,
drawn, delivered or passed.
6. "Negotiable order of withdrawal 11 and "share draft":
negotiable or transferable instruments drawn on a negotiable order
of withdrawal account or a share draft account, as the case may be,
for the purposes of making payments to third persons or otherwise.
7. "Negotiable order of withdrawal account": an account
in a bank, savings and loan association, or industrial bank, and
"share draft account" means an account in a credit union on which
payment of interest or dividends may be made on a deposit with
respect to which the bank, savings and loan association, industrial
bank, or the credit union, as the case may be, may require the
depositor to give notice of an intended withdrawal not less than
thirty days before the withdrawal is ~ade, even though in practice
such notice is not required and the depositor is allowed to make
withdrawal by negotiable order of withdrawal or share draft.
B. It shall be unlawful to commit fraud by check. Any
person, knowing he or she has insufficient funds with the drawee,
who, with intent to defraud, issues a check for the payment of
services, wages, salary, commissions, labor, rent, money, property,
or other things of value commits fraud by check. This section
shall only apply where the fraudulent check was for the sum of less
than $300.00, and where the offender has not been twice previously
convicted under §18-5-205, C.R.S., as amended, or a former statute
of the State of Colorado of similar content and purport.
C. Any person having acquired rights with respect to a check
which is not paid because the drawer has insufficient funds shall
have standing to file a complaint for violation of this section,
whether or not the person is the payee, holder, or bearer of the
check. Before filing any such complaint, the complainant shall
first make a demand in writing to the drawer that the drawer make
good the amount of the check by cash or means acceptable to the
complainant within seven days after the date of mailing of the
demand, and shall mail said demand by first class certified mail,
return receipt requested, to the drawer's last known address. The
complaint may be filed if the drawer has not complied with the
demand within the period specified in the demand. A copy of the
demand shall be attached to the complaint by the complainant.
D. A bank, a savings and loan association, an industrial
bank, or a credit union shall not be civilly or criminally liable
for releasing information relating to the drawer's account to a
sheriff, deputy sheriff, undersheriff, police officer, or other
Town employee, Firestone Town attorney or prosecuting attorney, or
authorized investigator for the Town investigating or prosecuting
a charge under this section.
2
E. This section does not relieve the prosecution from the
necessity of establishing the required culpable mental state.
However, for the purposes of this section, there exists a
permissible inference of the issuer's knowledge of insufficient
funds, except in the case of a postdated check or order, if:
1. The issuer has no account upon which the check or
order is drawn with the bank or other.drawee at the time the person
issues the check or order; or
2. The issuer has insufficient funds upon deposit with
the bank or other drawee to pay the check or order, on presentation
within thirty days after issue.
F. A violation of this section shall be a misdemeanor.
G. In addition to any other court costs, a defendant who
pleads guilty or nolo contendere to, or who enters into a plea
agreement for, or who after trial is found guilty of, a violation
of this section, shall be assessed additional court costs of
twenty-five dollars ($25.00) to defray the costs of the Town
pertaining to enforcement of said section. Subject . to
appropriations and budgeting as provided by law, such amounts may
be used to defray the costs of police-related equipment or training
in furtherance of enforcement of this. section.
H. If · a plea agreement is approved, the Court, as a
condition thereof, may require the defendant to make restitution on
all checks issued by the defendant which are unpaid as of the date
of commencement of the deferral in addition to other terms and
conditions appropriate for the treatment or rehabilitation of the
defendant. ·
Section 2. The Board of Trustees herewith
determines, and declares that this ordinance is necessary
immediate preservation of the · public heal th and safety.
ordinance shall be effective upon adoption and approval
Mayor.
finds,
to the
This
by the
INTRODUCED, READ, ADOPfl' A~PROVED, AND ORDERED PUBLISHED IN
FULL this ~day of -~--~~~~.A.,,_~-~✓~.:...-:2::L_ ___ , 1991.
TOWN OF FIRESTONE, COLORADO
. ~~ :c~
Rick ~tterson, Mayor
Attest:
Clerk a:\31\73.fir
3
TOWN OF FIRESTONE
ORDINANCE No • .Jf'/
AN ORDINANCE CONCERNING UNCLAIMED PROPERTY
WHEREAS, certain property held by or under the control of the
Town which is owned by an individual or entity may be unclaimed by
the owner; and
WHEREAS, the Town desires to establish an administrative
procedure for notification and, where possible, transfer of
unclaimed property to the owner; and
WHEREAS, the Board of Trustees declares that an emergency
exists because of the need to ensure that a comprehensive Town
procedure for the administration and disposition of unclaimed
property is effective in a timely manner;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
section 1. Title 2 of.the Firestone Municipal Code is hereby
amended by the addition of the following new Chapter 2.50:
2.50.010
2.50.020
2.50.030
2.50.040
2.50.050
CHAPTER 2.so
UNCLAIMED PROPERTY
Unclaimed property -definitions.
Procedure for disposition of unclaimed
property.
Sale of unclaimed property.
Disposition of perishable, bulky, etc.
property.
Illegal weapons.
2.50.010 Unclaimed property -definitions.
A. Purpose. The purpose of this Chapter is to provide for
the administration and disposition of unclaimed property which is
in the possession of or under the control of the Town.
B. Definitions.
required by context or
follows:
As used in this Chapter, unless otherwise
use, words and terms shall be defined as
1. "Unclaimed property" means any tangible, or
intangible property, including any income or increment derived
therefrom, less any lawful charges, that is held by or under the
control of the Town and which has not been claimed by its owner for
1
' ,
a period of more than one year after it became payable or
distributable; however, the term excludes any motor vehicle to
which the provisions of Section 2.48.070 are applicable.
2. "Owner" means a person or entity, including a
corporation, partnership, association, governmental entity other
than the Town, or a duly authorized legal representative or
successor in interest of same, which owns unclaimed property held
by the Town.
3 • "Marshal II means the Marshal of the Town or the
Marshal's designee.
2.50.020 Procedure for disposition of unclaimed property.
A. The Marshal shall designate one or more employees of the
Town to act as custodian of property seized or taken by the police
or other property deposited to the Town's care and shall provide a
suitable location for the safekeeping of such property. It shall
be the duty of any custodian of such property to keep a record of
the receipt and disposition of all property coming into custodian's
care and to include such information as the Marshal may require.
B. Prior to disposition of any unclaimed property having an
estimated value of Fifty Dollars ($50.00) or more, the Marshal
shall send a written notice by certified mail, return receipt
requested, to the last known address, if any, of any owner of
unclaimed property. The last known address of the owner shall be
the last address of the owner as shown by the records of the Town
department or agency holding the property. The notice shall
include a description of the property, the amount or estimated
value of the property, and, when available, the purpose for which
the property was deposited or otherwise held. The notice shall
state where the owner may make inquiry of, or claim the property.
The notice shall also state that if the owner fails to provide the
Marshal with a written claim for the return of the property within
sixty (60) days of the date of the notice, the property shall
become the sole property of the Town and any claim of the owner to
such property shall be deemed forfeited.
c. Prior to disposition of any unclaimed property having an
estimated value of less than Fifty Dollars ($50.00) or having no
last known address of the owner, the Marshal shall cause a notice
to be published in a newspaper of general circulation in the Town.
The notice shall include a description of the property, the owner
of the property, the amount or estimated value of the property and,
when available, the purpose for which the property was deposited or
otherwise held. The notice shall state where the owner may make
inquiry of, or claim the property. The notice shall also state
that if the owner fails to provide the Marshal with a written claim
for the return of the property within sixty (60) days of the date
2
of the publication of the notice, the property shall become the
sole property of the Town and any claim of the owner to such
property shall be deemed forfeited.
D. If an apparent owner has not made a claim to the property
within the above stated sixty-day claim period, the finder of
record shall be notified by mail and the finder shall have twenty
(20) days to claim the property. If, within the twenty-day period,
the finder makes a demand for the unclaimed property and tenders
payment to the Town for all reasonable costs incurred by the Town
in connection with the possession, storage, publications, and
mailing of notices regarding the unclaimed property, the property
shall be returned to the finder. In the event the finder of
unclaimed property is an officer or employee of the Town and takes
possession of such property, the Town shall be deemed the finder of
the property.
E. If no claimant establishes a right to the unclaimed
property by the expiration of the time period set forth in the
mailed or published notice, and no finder has claimed the property
within the time period set forth in a notification to any finder,
the property shall escheat to the Town and the owner or person
entitled to the property shall be forever barred from any and all
claim or right to such property or the proceeds thereof.
F. If the Marshal receives a written claim within the sixty-
day claim period, the Marshal shall evaluate the claim and give
written notice to the claimant within ninety (90) days thereof that
the claim has been accepted or denied in whole or in part. The
Marshal may investigate the validity of a claim and may request
further supporting documentation from the claimant prior to
disbursing or refusing to disburse the property. Upon determination
of the rightful owner, the Marshal shall request the owner to
reimburse the Town for all reasonable costs incurred by the Town
including all reasonable costs incurred by the Town in connection
with the possession, storage, publications, and mailing of notices
regarding the unclaimed property.
G. In the event there is more than one claimant for the same
property, the Marshal may, in the Marshal's sole discretion,
resolve said claims, or may resolve such claims by depositing the
disputed property with the registry of the District Court in an
interpleader action.
H. In the event that all claims filed are denied, the
property shall become the sole property of the Town and any claim
of the owner of such property shall be deemed forfeited.
I. Any legal action filed challenging a decision of the
Marshal shall be filed pursuant to Rule 106 of the Colorado Rules
of Civil Procedure within thirty (30) days of such decision or
3
shall be forever barred. If any legal action is timely filed, the
property shall be disbursed by the Marshal pursuant to the order of
the court having jurisdiction over such claim.
J. The Marshal is authorized to establish and administer
procedures for the administration and disposition of unclaimed
property consistent with this Chapter.
2.50.030 Sale of unclaimed property.
A. Unclaimed property that becomes the property of the Town
under Section 2. 50. 020 shall be disposed of by sale, unless the
Board of Trustees provides for a different manner of disposition.
However, no firearm or any other deadly weapon shall be subjected
to public auction.
B. If the property is to be disposed of by sale, the Town
Clerk shall:
1. Cause a notice of such sale to be published on three
(3) different days, in a newspaper of general circulation in the
Town setting forth the date, time, and place of the sale at least
ten (10) days after the last publication of notice of sale. The
notice shall contain a description of the property to be sold and
a statement that the property will be sold at public auction to the
highest bidder for cash;
2. At the date and place designated for the sale of the
unclaimed property described in the notice of sale, cause the
unclaimed property to be auctioned to the highest bidder for cash
unless the Marshal determines the sale would not be in the best
interest of the Town. No money or negotiable instruments shall be
sold at such a sale; they shall become the property of the Town if
unclaimed by the owner thereof. If a bid is not made for the
unclaimed property offered at such sale, the unclaimed property
shall become the property of the Town;
3. Upon receipt of the cash from the purchaser of the
unclaimed property, provide a receipt for the property and deliver
the article together with the bill of sale to the purchaser; and
4. Apply proceeds of the
property first to costs of the keeping
and place the balance of said proceeds
Town.
sale of said unclaimed
and sale of said property,
in the general fund of the
c. There is no right of redemption from a sale and
conveyance of unclaimed property that becomes the property of the
Town.
4
2.50.040 Disposition of perishable. bulky. etc. property.
A. Notwithstanding any other provision of this chapter, if
any property seized or taken possession of by the Town is of
perishable nature, or is bulky, or is of such a nature as to make
it dangerous or inadvisable to retain possession thereof for the
length of time specified in this chapter, the Marshal, setting
forth his reasons why the property should not be retained for the
period fixed before selling or disposing of same, may, with the
approval of the Mayor, cause the property to be forthwith
advertised in the newspaper of general circulation, and sell or
dispose of the property at, public sale at any time after three (3)
days shall have elapsed 'from the seizure or taking possession
thereof.
B. In the event the unclaimed property reasonably appears to
pose a sanitary or health hazard if stored, the Marshal may
immediately dispose of such property and shall keep a log
describing all property disposed of for these reasons.
2.50.050 Illegal weapons.
Notwithstanding any other provisions of the Firestone
Municipal Code, all illegal weapons, pistols, and handguns, and all
property the possession of which is illegal by virtue of any Town,
state or federal law shall be destroyed or turned over to the
appropriate authority and shall not otherwise be subject to
disposition under Section 2.50.020.
Section 2. Section 2.48.050 and Section 2.48.060 of the
Firestone Municipal Code are hereby repealed.
section 3. If any article, section, paragraph, sentence,
clause, or phrase of this Ordinance is held to be unconstitutional
or invalid for any reason, such decision shall not affect the
validity or constitutionality of the remaining portions of this
Ordinance. The Town Board of Trustees hereby declares that it
would have passed this Ordinance and each part or parts hereof
irrespective of the fact that any one part or parts be declared
unconstitutional or invalid.
Section 4. The repeal or modification of any provision of
the Municipal Code of the Town of Firestone by this Ordinance shall
not release, extinguish, alter, modify, or change in whole or in
part any penalty, forfeiture, or liability, either civil or
criminal, which shall have been incurred under such provision, and
each provision shall be treated and held as still remaining in
force for the purpose of sustaining any and all proper actions,
suits, proceedings, and prosecutions for the enforcement of the
penalty, forfeiture, or liability, as well as for the purpose of
5
,., ' .· . '
sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actions, suits, proceedings, or
prosecutions.
sections. All other ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
conflict.
Section 6. The Board of Trustees herewith
determines, and declares that this Ordinance is necessary
immediate preservation of the public health and safety.
ordinance shall be effective upon adoption and approval
Mayor.
finds,
to the
This
by the
FULL
INTRODUCED, READ, ADOP~:i'PROVED, AND ORDERED PUBLISHED IN
this defll-day of 0U/ , 1992. .r TOWN OF FIRESTONE, COLORADO
Attest:
c:z:,,,,~~
Trudy Peterson
Town Clerk
c:firestone\unclaimed.ord
6
Rick Patterson
Mayor
,_,
' " ' '
ORDINANCE No.~oi-9~
AN ORDINANCE PERTAINING TO THE LICENSING AND REGULATION
OF PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS.
WHEREAS, the Board of Trustees wishes to
provisions for the licensing and regulation
solicitors, and transient merchants; and
clarify the
of peddlers,
WHEREAS, the Board of Trustees declares that an emergency
exists because of the urgent need for such clarification;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
section 1. Title 5 of the Firestone Municipal Code is
amended by the addition of a new Chapter 5.36, to read as follows:
CHAPTER 5:(% 5,,Y,11
TRANSIENT MERCHANTS. SOLICITORS AND PEDDLERS
Sections:
5.! .010
5.3 .020
5.3 .030
5. 6.040
5. 6.050
5. 6.060
License Required.
Definitions.
Application for License.
Investigation and Issuance of License.
Revocation of License.
Miscellaneous Requirements, Prohibited
Activities, and Penalty.
J/P ' ' ' h d' 5.}6.010. License Required. Notwit stan ing any
other provision in this Code, it shall be unlawful for
any transient merchant, solicitor, or peddler, as defined
herein, to engage in such business within the corporate
limits of the Town of Firestone without first obtaining
a license in compliance with the provisions of this
chapter.
5.l.020 Definitions. As used in this chapter,
the following definitions shall apply:
A. Solicitor. A solicitor is any person who
travels by any means, from residence to residence, street
to street, or place to place, soliciting funds or other
forms of assistance, or taking or attempting to take
orders for the sale of personal property of any nature
for future delivery or for services to be performed or
furnished in the future.
1
B. Peddler. A peddler is any person who travels
by any means, from residence to residence, street to
street, or place to place, selling and delivering or
offering to sell and deliver any personal property of any
nature or services.
C. Transient Merchant. A transient merchant is any
person who rents, erects, or purchases or utiliz.es any
room, storeroom, tent, building, or other structure or
place for the purpose of selling or offering for sale,
any personal property of any nature at such location,
without the intent of establishing a permanent business
at such location.
5.Jf.030 Application for License. A. An applicant
for a solicitor's, peddler's, or transient merchant's
license 'shall file with the Town Clerk, at .least five (5)
days prior to the date upon which the applicant desires
to begin business, a sworn application in writing on a
form to be furnished by the Clerk. The applicant shall
give the following information on the form:
1. The name and description of the applicant;
2 • The permanent home address and phone number and
local address and phone number of the applicant, if any;
3. A description of the nature of the business;
4. If employed, the name, address and phone number
of the employer together with credentials establishing
the exact relationship between the employer and employee;
5. The length of time for which the right to do
business is desired;
6. Two (2) identical photographs of the applicant
which reasonable identify the applicant and which:measure
two (2") inches by two (2 11 ) inches;
7. The fingerprints of the applicant;
8. A statement as to whether or not the applicant
has ever been convicted of any felony or misdemeanor, and
if the applicant has been so convicted, a statement as to
the nature of the offense and conviction; and
9. Such other information as reasonably requested
by the Town Clerk.
2
, I' ·-·
B. At the time of the filing of the application,
a non-refundable fee of $25.00 shall be paid to the Town
.Clerk to cover the cost of investigating the facts stated
herein. VJ.
5 -~. 040. Investigation and Issuance of License. A.
Upon receipt of such application, an investigation shall
be conducted at the direction of the Town Clerk to
determine the applicant's business and moral character.
B. If as a result of such investigation, the
applicant's business or moral character is found to be
unsatisfactory, the Town Clerk shall disapprove the
application and shall notify the applicant in writing of
the disapproval. The applicant may obtain a,review of
the disapproval before the Board of Trustees by filing a
written request therefor within seven (7) days after the
disapproval. The Board shall affirm or reverse the
disapproval after notice and hearing.
c. If, as a result of such investigation, the
applicant's business and moral character are found
satisfactory, and upon receipt of the applicable fees,
the Town Clerk shall issue to the applicant a license to
carry on such business within the corporate limits of the
Town for a period of time, not exceeding thirty (30)
days.
D. The license so issued shall contain the
signature and seal of the issuing officer, the type of
license issued, the type of business to be carried on
thereunder, the date of issuance, the expiration date,
and a two (2) inch by two (2) inch photograph of the
applicant.
E. The license fee which shall be charged in
advance by the Town Clerk for any such license shall be
$10. 00 for a one-day license, $50. oo for . a ;,.seven-day
license, or $100.00 for a thirty-day license.
5.11.050. Revocation of License. A. Any license
issued hereunder may be revoked by the Board, after
notice and hearing, for any of the following causes:
1. Fraud, misrepresentation, or false statement
contained in the application for the license;
2. Fraud, misrepresentation, or false statement
made in the course of carrying on business as solicitor,
peddler, or transient merchant;
3. Any violation of this Code;
3
.. '.
>•
4. Conviction of any crime or misdemeanor; or
5. Conducting the business allowed by the license
in an unlawful manner, or in such a manner as to
constitute a breach of the peace or to constitute a
menace to the health, safety, or general welfare of the
public.
B. Notice of the hearing for revocation of a
license shall be given in writing, setting forth
specifically the grounds of complaint and the time and
place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at the licensee's local address
as set forth on the application, at least five (5) days
prior to the date set for the hearing.
s.$¾.060. Miscellaneous Requirements.
Activities and Penalty.
Prohibited
A. Each solicitor, peddler, and transient merchant
shall exhibit, at the request of any person, the license
issued under the provisions of this chapter.
B. It shall be unlawful for any person to engage,
or cause any agent or employee of such person to engage,
in soliciting or peddling at any residence or place on
which a sign has been conspicuously displayed with the
words "NO SOLICITORS" or "NO PEDDLERS" or other such
similar language.
c. It shall be unlawful for a solicitor or peddler
to remain and refuse to leave immediately, or to instruct
and cause any agent or employee to remain and refuse to
leave immediately, the residence or place of another,
after being requested by the owner or other person having
the right to occupy such residence to leave, whether or
not any "No Solicitors" or "No Peddlers" signs have been
displayed.
D. A violation of this chapter shall be punishable
as set forth in Chapter 1.16 of this Code.
Section 2. The Board of Trustees herewith finds,
determines, and declares that this ordinance is necessary to the
immediate preservation of the public health and safety. This
ordinance shall be effective upon adoption and approval by the
Mayor.
Section 3. If any provision of this ordinance or the
application thereof is held invalid, such invalidity shall not
affect other provisions or applications of this ordinance which can
4
be given effect without the invalid provision or application, and
to this end the provisions of this ordinance are declared to be
severable.
section 4. Existing ordinances or parts of ordinances
covering the same matters as embraced in this ordinance are hereby
repealed, except that this repeal shall not affect or prevent any
proceedings against or the prosecution or punishment of any person
for any act done or committed in violation of any ordinance herein
repealed prior to the effective date of this ordinance.
. INTRODUCED, READ,
FULL this ./3tt-day of
Attest:
~~L-Tri.idyTTerson -
Town Clerk
c:fireston\peddler.ord
~TED, APPROVED, AND ORDERED PUBLISHED IN
;;;red~ , 1992.
5
TOWN OF FIREST,ONE, ;COLORADO
Rick·Patterson
Mayor
"
ORD I NANCE NO. ,;i J?.J'
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF TITLE 15, CHAPTER
15.48 OF THE CODE OF THE TOWN OF FIRESTONE.
WHEREAS THE BOARD OF TRUSTEES HAS DETERMINED THAT AMENDMENTS TO·
THE TOWN'S OIL AND GAS WELL ORDINANCE ARE NECESSARY; and
WHEREAS, THE BOARD OF TRUSTEES DECLARES THAT AN EMERGENCY EXISTS
'BECAUSE OF THE NEED TO MAKE SUCH AMENDMENTS EFFECTIVE AS SOON AS
POSSIBLE;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES, TOWN OF
FIRESTONE, WELD COUNTY, COLORADO:
Section 1. Title 15 Chapter 15.48 Section 15.48.070 is hereby
repealed and reenacted to read as follows:
15.48.070 Permit termination. When a permit shall be
issued, the same shall terminate and become inoperative
without any action·on the part of the town unless within 120
days from the date of issuance actual drilling of the well
shall have commenced. The cessation for a like period of
the drilling operations or the cessation of the production
of oil or gas from the well after production shall have
commenced, shall operate to terminate and cancel the permit,
and the well shall be considered as abandoned for all
purposes of this chapter, and it shall be unlawful
thereafter to continue the operation or drilling of such
well without the issuance of another permit.
Section 2. Title 15 Chapter 15.48 Section 15.48.080
Subsection A is hereby repealed and reenacted to read as follows:
A. A performance bond, which shall be enforceable by the
Town to secure compliance with the payment of all applicable
fees and charges due the Town hereunder and to ensure
compliance with the conditions and requirements of the
Permit and with the provisions of the Chapter. The amount
of the bond for one or more wells shall be five thousand
dollars ($5,000) per well, and for a total of six (6) or
more wells shall be thirty thousand dollars ($30,000). The
bond shall be issued to the applicant and shall run to and
for the benefit of the Town. The bond shall be executed by
a corporate surety duly authorized to conduct business in
Colorado. The above mentioned bond is in addition to that
required by the State Oil and Gas Commission and does not
apply to those matters covered by the State.
Section 3. Title 15 Chapter 15.48 Section 15.48.120 is hereby
repealed and reenacted to read as follows:
15.48.120 Derrick and Rig. No person shall use or
operate in connection with the drilling or reworking of any
well within the town limits, any wooden derrick or any
steampowered rig, and all engines shall be equipped with
adequate mufflers; nor permit any drilling rig or derrick to
remain on the premises or drilling site for a period longer
than thirty days after completion or abandonment of the
well.
Section 4. Title 15 Chapter
deleted in its entirety.
15.48 Section 15.48.130 is
Section 5. Title 15 Chapter 15.48 Section 15.48.150 is hereby
repealed and reenacted to read as foLlows:
15.48.150 Premises to be kept clean and sanitary. The
premises shall be kept in a clean and sanitary condition,
free from rubbish of every character, at all times drilling
operations or reworking operations are being conducted, and
as long thereafter as oil and/or gas is being produced
therefrom. No permittee, nor any agent or employee of the
permittee, shall cause or permit the abandonment or
discarding within the corporate limits of the town of any
mud, water, waste oil, slush or other waste matter from any
slush pit, storage tank, or oil and/or gas well located
within the corporate limits of the town, or from any
premises within the town, developed or being developed for
oil and/or gas purposes, into the alleys, streets, lots,
land or leases within the corporate limits of the town.
Section 6. Title 15 Chapter 15.48 Section 15.48.170 is hereby
repealed and reenacted to read as follows:
15.48.170 Storage tanks and separators. No person shall
use, construct or operate in connection with any producing
well within the town limits any crude oil storage tanks
except to the extent of two steel tanks for oil storage, not
exceeding five hundred barrels capacity each and so
constructed and maintained as to be vaportight. A permittee
may use, construct and operate a steel conventional
separator, and such other steel tanks and appurtenances as
are necessary for treating oil with each of such facilities
to be so constructed and maintained as to be vaportight.
Each oil, gas separator shall be equipped with both a
regulation pressure-relief safety valve and a bursting head.
Any oil or gas produced may be transported outside of the
town limits by underground pipelines.
Section 7. Title 15 Chapter 15.48 Section 15.48.220 is hereby
repealed and reenacted to read as follows:
15.48.220 Abandonment and plugging. Whenever any well is
abandoned it shall be the obligation of the permittee and
the operator, of the well, and their heirs, successors and
assigns, to plug the well in a manner consistent with
prudent drilling operations and in compliance with all
federal, state, courity and town requirements, laws, codes,
ordinances or regulations. All plugging operations shall be
consistent with the objective of protecting the health,
safety and welfare of the town and ifs citizens.
Section 8. Title 15 Chapter 15.48 is amended by the addition
of a new Section 15.48.235 to read as follows:
15.48.235 Variance may be granted. The Board of Trustees
may grant a variance from any of the aforementioned
requirements, for good cause, and if the applicant
establishes that such variance will not create an undue
safety hazard, and will not adversely affect surrounding
property.
Section 9. All Ordinances, Resolutions, and Motions of the
Board of Trustees of the Town of Firestone or parts thereof, in
conflict with the provisions of this Ordinance, are to the extent
of such conflict hereby superseded and repealed, except that this
repeal shall not affect or prevent any proceedings against or the
prosecution or punishment of any person for any act done or
committed in violation of any ordinance herein repealed prior to
the effective date of this ordinance.
Section 10. The sections of this Ordinance are hereby declared
to be severable, and if any section, provision, or part thereof
shall be held unconstitutional or invalid, the remainder of this
Ordinance shall continue in full force and effect, it being the
legislative intent that this Ordinance would have been adopted
even if such unconstitutional or invalid matter had not been
included therein, It is further declared that if any prov1s1on
or part of this section, or the application thereof to any
person, or circ~mstances, is held invalid, the remainder of this
Ordinance and the application thereof to other persons shall not
be effected thereby.
AP.PROVED, ADOPTED AND ORDERED PUBLISHED by a Board of
of the Town of Firestone on the J,./4':lday of :,,~
Mayor
ATTEST:
Trustees
, 1992.
ORDINANCE NO. ,J,fj
TOWN'OF FIRESTONE, COLORADO
AN ORDINANCE 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 1993 BUDGET YEAR.
WHEREAS, THE BOARD OF TRUSTEES HAS ADOPTED THE ANNUAL BUDGET IN ACCORDANCE
WITH THE LOCAL GOVERNMENT BUDGET LAW, ON DECEMBER 14, 1992, AND;
WHEREAS, THE BOARD OF TRUSTEES HAS MADE PROVISION THEREIN FOR REVENUES IN
AN AMOUNT EQUAL TO THE TOTAL PROPOSED EXPENDITURES AS SET FORTH IN SAID
BUDGET, AND;
WHEREAS, IT IS REQUIRED BY LAW THAT THE REVENUES AND EXPENDITURES COMPLY
WITH AMENDMENT 1, ADOPTED BY THE VOTERS OF THE STATE OF COLORADO ON
NOVEMBER 3, 1992, AND
WHEREAS, IT IS NOT ONLY 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 ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRcSTONE, COLORADO: ·
SECTION 1. THAT THE FOLLOWING SUMS ARE HEREBY APPROPRIATED FROM THE
REVENUES OF EACH FUND, TO EACH FUND, FOR 'THE PURPOSES STATED:
GENERAL FUND
TOTAL GENERAL FUND $244,692
PARK FUND
TOTAL PARK FUND $ 2,050
CONSERVATION TRUST FUND
TOTAL CONSERVATION TRUST FUND $ 4,500
STREET AND HIGHWAY FUND
TOTAL STREET AND HIGHWAY FUND $60,054
WATER FUND
TOTAL WATER FUND $255,415
APPROVED, ADOPTED, SIGNED, AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
OF THE TOWN OF FIRESTONE, COLORADO, THIS FOURTEENTH DAY OF DECEMBER, 1992.
TOWN OF FIRESTONE, COLORADO
MAYoR
ATTEST:
-27-
ORDINANCE NO. cl j?-.,dJ_.-
AN ORDINANCE TO APPLY AND CONTRACT FOR BENEFICIAL
USE OF WATER ON BEHALF OF THE TOWN OF FIRESTONE, A
MUNICIPAL CORPORATION, AND PRESCRIBING THE TERMS
FOR APPLICATION FOR AN ALWTMENT OF WATER TO SAID
TOWN OF FIRESTONE BY NORTHERN COLORADO WATER
CONSERVANCY DISTRICT.
WHEREAS, under the Water Conservancy Act of Colorado, Title 37, Article 45, Colorado
Revised Statutes of 1973, it is necessary that the Board of Trustees of the Town of Firestone, a
Colorado municipal corporation (hereinafter called "Applicant"), in order to obtain an allotment
contract for the beneficial use of water from Northern Colorado Water Conservancy District,
shall, ordinance authorize and direct the f?2,v,uuf and
LI!K to apply to the Board of Directors of said District for such water
allotment contract.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1: That the Town of Firestone elects to apply for an allotment contract providing for
the beneficial use of seven (7) acre-feet of water from Northern Colorado Water Conservancy
District.
Section2: Thatthe f».4{1.ti~ and C).t,e!( beandare
hereby authorized and directed to apply to the Board of Directors of said Northern Colorado
Water Conservancy District for a contract allotting to the Applicant the beneficial use of water
upon terms prescribed by said Board in the manner and form as this section provided, to-wit:
APPLICATION TO
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
FOR
WATER ALLOTMENT CONTRACT
Applicant. Town of Firestone, a Colorado municipal corporation, hereby applies to Northern
Colorado Water Conservancy District, a political subdivision of the State of Colorado, organized
and existing by virtue of Title 37, Article 45, Colorado Revised Statutes, 1973, for an allotment
contract of beneficial use of water under the following terms and conditions:
1. The quantity of water herein requested by Applicant for annual application to
beneficial use is seven (7) acre-feet to be used so long as the Applicant fully
complies with all of the terms, conditions, and obligations hereinafter set forth.
2. It is understood and agreed by the Applicant that any water allotted by the Board
of Directors of said District shall be for domestic, irrigation, or industrial use
within or through facilities or upon lands owned or served by said Applicant,
provided however, that all lands, facilities, and serviced areas which receive benefit
from the allotment (whether water service is provided by direct delivery, by
exchange, or otherwise) shall be situated within the boundaries of Northern
Colorado Water Conservancy District.
3. Applicant agrees that an acre-foot of water as referred to herein is defined as being
one-three-hundred-ten-thousandth (1/310,000) of the quantity of water annually
declared by the Board of Directors of the District to be available for delivery from
the water supplies of the District. Applicant agrees that such water shall be
delivered from the works of the District at such existing District delivery point or
points as may be specified by the Applicant and that the water delivery obligation
of the District shall terminate upon release of water from said works. Further, the
Applicant agrees that on November 1 of each year, any water undelivered from the
annual quantity made available to the Applicant shall revert to the water supplies
of the District.
4. Applicant agrees to pay annually for the amount of water herein allotted by the
Board of Directors of said District at a price per acre-foot to be fixed annually by
said Board; and, further, agrees that the initial annual payment shall be made, in
full, within fifteen ( 15) days after the date of notice from the District that the initial
payment Is due hereunder. Said notice will advise the Applicant, among other
things, of the water delivery year to which the initial payment shall apply and the
price per acre-foot which is applicable to that year. Annual payments for each year
thereafter shall be made by the Applicant on or before each October 1 at the rate
per acre-foot established by the Board for municipal water allotments In that year.
If an annual payment, as herein provided, is not made by due date, written notice
thereof, by certified mail, will be given by said District to the Applicant at the
following address: P. 0. Box 100, Firestone, Colorado 80520.
lf payment is not made within thirty (30) days after the date of said written notice,
Applicant shall have no further right, title, or interest under this contract; and the
allotment of water, as herein made, shall be disposed of at the discretion of the
Board of Directors of said District.
5. As security to the District, the Applicant agrees that the foregoing covenant of
annual payments will be fully met by annual budget and appropriation of funds
from such sources of revenues as may be legally available to said Applicant.
6. Applicant agrees that the water allotment shall be beneficially used for the
purposes and in the manner specified herein, and that this agreement is made for
the exclusive benefit of the Applicant and shall not inure to the benefit of any
successors or assigns of said Applicant without prior specific approval of the Board
of Directors of said District.
7. Applicant agrees to be bound by the provisions of the Water Conservancy Act of
Colorado; by the Rules and Regulations of the Board of Directors of said District;
and by the Repayment Contract of July 5, 1938, between said District and the
United States and all amendments thereof and supplements thereto.
8. Applicant agrees, as a condition of this contract, to enter into an "Operating
Agreement" with said District if and when the Board of said District finds and
determines that such an agreement is required by reason of additional or special
services requested by the Applicant and provided by the District. Said agreement
may contain, but not be limited to, provision for water delivery at times or by
means not provided within the terms of standard allotment contracts of the
District; additional annual monetary consideration for extension of District delivery
services and for additional administration, operation and maintenance costs; or for
other costs to the District which may arise through provision of services to the
Applicant.
. ' .
Section 3: In the opinion of the Board of Trustees of the Town of Firestone, acquisition of a
water allotment contract from Northern Colorado Water Conservancy District and the right to
the beneficial use of water thereunder by said Town_ of Firestone is necessary; that the
continued acquisition and use of this water supply is essential for the well-being of the
community and for the preservation of the public peace, health, and safety; and that the
adequate protection of the health of the inhabitants of the community requires an immediate
increase in Applicant's water supply. It is, therefore, declared that an emergency exists; that
this ordinance shall take effect as an emergency measure and that it shall be published in the·
manner and shall take effect as provided by the statutes of the State of Colorado or charter of
the Applicant.
Passed and adopted, signed, and approved th/s //~ay of ,;;2/4L,,7 AD., 1993.
TOWN OF FIRESTONE
..
ORDER ON APPLICATION
Application having been made by or on behalf of all parties interested in the water allotment
and after a Hearing by the Board, it is hereby ORDERED that the above application be granted
and an allotment contract for seven (7) acre-feet of water is hereby made to the Town of
Firestone, a Colorado municipal corporation, for the beneficial uses set forth in said .
application upon the terms, conditions, and manner of payment as therein specified.
NORrHERN COLORADO WATER
CONSERVANCY DISTRICT
By ______________ _
President
I hereby certify that the above Order was entered by the Directors of Northern Colorado Water
Conservancy District on the __ ._ day of _____ ~ ___ AD., 1993.
ATTEST:--~~~----'----'-
Acting Secretary
CRR~l~lR~ RRCQRD
Q~
PROCEEDINGS OF.
THE TOWN OF FIRESTONE
WELD COUNTY, CQLORADO
.RELATING TO .· .. ·.
GENERAL OBLIGATION WATER REFUNDING BONDS, SERIES 1993
DATED JULY 15, 1993.
IN THE PRINCIPAL AMOUNT OF
$210,000
STATE OF COLORADO )
)
WELD COUNTY )
)
TOWN OF FIRESTONE · )
The Board of Trustees.of the Town of Firestone, Colorado,
met in continued regular session in full conformance with state law
and the ordinances, rules, and regulations of the Town, at .the Town
Hall,. in Firestone, Colorado, on Monday, the 28th day of June,
1993, at the hour of __ ~.M. · ·
The following members of the Board of Trustees were
present, constituting a quorum:
Mayor:
·Trustees:
Also Present:
Town Clerk:
· · Rick Patterson
. Mark D.' Agostino
Mike Degge
· Sandy Fryar
Lynelle Meis
Albert Spinden
Clyde Walb
Trudy Peterson.
Absent:_-'------------------------
. Thereupon there was introduced and read by title only the
following ordinance:
-1 -
-1ab 0 RD IN AN CE NO. oJ.."I
AN ORDINANCE OF THE TOWN OF FIRESTONE,
COLORADO, AUTHORIZING THE ISSUANCE OF THE
TOWN;S GENERAL OBLIGATION WATER REFUNDING
BONDS · IN THE AGGREGATE. PRINCIPAL AMOUNT OF
$210,000; PROVIDING FOR THE DEPOSIT OF CERTAIN
BOND PROCEEDS AND OTHER MONEYS OF THE TOWN TO
A SPECIAL ESCROW AND TRUST ACCOUNT FOR THE
PAYMENT OF THE BONDS BEING REFUNDED; PROVIDING
FOR THE PAYMENT OF THE BONDS FROM ANY LEGALLY
AVAILABLE MONEYS OF THE TOWN, INCLUDING THE
PROCEEDS OF AD VALOREM TAXES, AND MAKING
CERTAIN COVENANTS IN CONNECTION THEREWITH;
PROVIDING FOR THE FORM, PAYMENT, AND OTHER
DETAILS IN CONNECTION WITH THE BONDS;
AUTHORIZING THE EXECUTION OF A BOND PURCHASE
AGREEMENT AND OTHER AGREEMENTS AND DOCUMENTS
IN CONNECTION WITH THE BONDS; AND DECLARING AN.
EMERGENCY. .
WHEREAS, the Town of Firestone, Weld County, Colorado
(the "Town"), is a statutory town and political subdivision of the
State of Colorado, duly organized and operating under the
constitution and.laws of the State; and
WHEREAS, the Town presently owns, operates and maintains
a municipal water system for the Town and its inhabitants; and
WHEREAS, the Town duly authorized, sold, issued, and
delivered to the purchasers thereof its General Obligation Water
Refunding Bonds, Series 1988, dated May 1, 1988, originally issued
in the aggregate principal amount of $450,000, and now outstanding
in the aggregate principal amount of $270,000 (the "Outstanding
Bonds") , which bonds were issued for the purpose of refunding valid
outstanding water bonds of the Town; and
WHEREAS, the Outstanding Bonds maturing on and after
June 1, 1994, are subject to redemption prior to their respective
maturities at the option of the Town, in whole, or in part in
inverse order of maturity, on June 1, 1993, and on any interest
payment date thereafter, at a price equal to the principal amount
thereof, plus accrued interest to the redemption date; and
WHEREAS, the principal of and interest on the Outstanding
Bonds are payable at the office of the Town Treasurer, in
Firestone, Colorado, as paying agent; and
WHEREAS, none of the Outstanding Bonds have heretofore
been refunded, nor have any of the same been redeemed or otherwise
paid, cancelled, or retired by the Town; and
-2 -
WHEREAS, after extended discussions and consultation, it
has been determined by the Board of Trustees of the Town ( the
"Board") that by entering into and completing a refunding program
at this time, the Board can (i) reduce the net effective interest
rate of the obligations represented by the Outstanding Bonds; and
(ii) reduce the total interest payable · over the life of the
obligations represented by the Outstanding Bonds by issuing bonds
at a lower net interest cost, or having a lower net effective
interest rate; and ·
WHEREAS, the Board has determined and hereby determines
that it is in the best interests of the Town, and the residents and
taxpayers thereof, that the Outstanding Bonds shall be refunded and
that for such purpose there shall be issued· general obligation
refunding' bonds in th1a total principal amount of $210,000 (the
"Bonds"); and
WHEREAS, the Bonds are· for the purpose of refinancing
Town bonded debt at a lower interest rate, and thus are permitted
by Article X, Section 20 of the Colorado Constitution; and
WHEREAS, the proceeds derived from the sale of the Bonds,
after payment of the costs of issuance properly allocable thereto,
along with other legally available moneys of the Town, shall be
placed in the special fund and trust account herein authorized, for
the purpose only of paying the principal· of · and interest on the
Outstanding Bonds as they become due and payable, all as is more
particularly hereinafter set forth; and ·
WHEREAS, the Board has been presented with a proposal in
the form of a Bond Purchase Agreement from Moore, Juran and
Compa-ny, Inc., of Minneapolis, Minnesota (the "Purchaser"), to
purchase the Bonds upon the terms and conditions set forth in the
Bond Purchase Agreement; and
WHEREAS, after consideration, the Board has determined
that the sale of the Bonds to the Purchaser upon the terms and
conditions set forth in the Bond Purchase Agreement is in the best
interests of the Town and the residents thereof; and
WHEREAS, none of the members of the Board have any
potential conflicting interests in connection with the author-
ization, issuance, or sale of the Bonds, nor are any of the members
of the Board interested, directly or indirectly, in the profits of
any contract or job for work or services to be performed for the
Town in connection with the Bonds; and
WHEREAS, there has been presented to this meeting of the
Board: (i) the Preliminary Offering Circular; (ii) the forms of the
Paying Agent and Registrar Agreement and the Escrow Agreement; and
(iii) the Bond Purchase Agreement (all as defined hereafter); and
-3 -
WHEREAS, the Board desires to authorize the issuance and
sale of the Bonds and the execution of ,the foregoing documents;
THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Definitions. As used herein,. the
.following capitalized terms shall have the respective meanings set
forth below, unless the context.indicates otherwise. ·
Bank: Colorado National Bank, in Denver, Colorado, or
its successor, a national banking association duly organized and
existing under the laws of the United States of America, being a
member of the Federal Deposit Insurance Corporation, and having
full and complete trust · powers, where the Escrow Account is
established and maintained.
Board: the Board of Trustees of the Town.
Bonds: the General Obligation Water Refunding Bonds,
Series 1993, dated July 15, 1993, issued in the aggregate principal
amount of $210,000, as authorized by this Ordinance. ·
Bond Account: the "Town of Firestone General Obligation
Water Refunding Bond Account, 1993", established by the provisions
hereof for the purpose of paying the principal of and interest on
the Bonds.
Bond Purchase Agreement: the.agreement dated June 28,
1993, between the Town and the Purchaser concerning tha purchase of
the Bonds by the Purchaser. ·
Bond Registrar: The Bond Registrar's, Inc., in
Englewood, Colorado, or its successor,. which, shall perform the
function of registrar with respect to the Bonds.· ·
Certified Public Accountant: a certified public
accountant within the meaning of §12-2-115, C.R.S;, and any
amendment thereto, licensed to practice in the State of Colorado.
Code: the Internal Revenue Code of 1986, as amended.
C.R.S.: the Colorado Revised Statutes, as amended and
supplemented as of the date hereof.
Escrow Account: a special fund and separate trust
account created by the provisions hereof, designated as the "Town
of Firestone Refunding Escrow Account, 1993", to be established and
maintained at the Bank for the purpose of paying the principal of
and interest on the Outstanding Bonds.
-4 -
Escrow Agreement: the agreement between the Town and the
Bank dated as of July 15, 1993, concerning the establishment and
maintenance of the Escrow Account.
Event of Default: . any one or more of the events set
forth in the Section hereof entitled "Events of Default".
. . Federal Securities: direct obligations of ( including
obligations issued or held in book entry form on the books of), or
obligations the principal of and interest on which are guaranteed
by, the United States of. America.
Offering Circular: the final version of the Preliminary
Offering Circular.
Outstanding Bonds: the Town's General Obligation Water
Refunding Bonds, Series 1988, dated May 1, 1988, originally issued
in the aggregate principal amount of $450,000, and now outstanding
in the aggregate principal amount of $270,000;
Owner: the registered owner of any Bond, as shown by the
registration books maintained by the Bond Registrar.
Paying Agent: The Bond Registrars, Inc., in Englewood,
Colorado, or its successor, which shall perform the function of
paying agent with respect to the Bonds.
Paying Agent and Registrar Agreement: the agreement
dated .as of July 15, 1993, between the Town and the Paying
Agent/Bond Registrar, concerning the registration, transfer,
exchange, and payment of the Bonds.
Preliminary Offering Circular: the Preliminary Offering
Circular, dated June __ , 1993, concerning the Bonds and the Town.
Record Date: the fifteenth (15th) day of the calendar
month next preceding each interest payment date.
Ordinance: this Ordinance which authorizes the issuance
of the Bonds.
Special Record Date: the record date for determining
Bond ownership for purposes of paying defaulted interest, as such
date may be determined pursuant to this Ordinance.
Town: the Town of Firestone, Weld County, Colorado.
Section 2. Authorization. In accordance with the
Constitution of the State of Colorado; Title 11, Article 56,
C.R.S.; and all other laws of the State of Colorado thereunto
enabling, there shall be issued the Bonds for the purpose of paying
the costs of refunding the Outstanding Bonds and paying other costs
-5 -
in connection with the refunding of the Outstanding Bonds. The
Bonds shall constitute general obligations of the Town, and the
full faith and credit of the Town is · hereby pledged for their
payment, subject only to such limitations, if any, imposed by
Article X, Section 20 of the Colorado Constitution.
Section 3. Bond Details. The Bonds shall be . issued
only as fully registered Bonds without coupons in the denomination
of $5,000 each or any integral multiple thereof •. Unless the Town
shall. otherwise direct, the registered Bonds shall be numbered
separately from 1 upward, with t:he number of each Bond preceded by IIR-11 • . -. . < • . '.
The Bonds shall be dated as of July 15,1993, and shall
bear interest at the rates set forth below, calculated on the basis
of a 360-day year of twelve 30-day months, payable semiannually on
each June 1 and December 1, commencing on December 1, 1993, and
shall mature on June 1 each year, as follows:
Maturity Principal Amount Interest Rate
1994 $ 60,000 3.30%
1995 60,000 3.60
1996 60,000 3.90
1997 30,000 4.20
The maximum net effective interest rate authorized for
this issue of Bonds is 6.00% per annum, and the actual net effec-
tive interest rate of the Bonds does not exceed such maximum rate.
Section 4. Payment of Bonds; Paying Agent and Bond
Registrar. The principal of the Bonds is payable in lawful money
of the United States of America to the Owner of each Bond upon
maturity or prior redemption and presentation at the principal
office of the Paying Agent. The interest on any Bond is payable to
the person in whose name such Bond is registered, at his address as
it appears on the registration books maintained by or on behalf of
the Town by the Bond Registrar, at the close of business on the
Record Date, irrespective of any transfer or exchange of such Bond
subsequent to such Record Date and prior to such interest payment
date; provided that any such interest not so timely paid or duly
provided for shall cease to be payable to the person who is the
Owner thereof at the close of business qn the Record Date and shall
be payable to the person who.is the Owner thereof at the ·close of
business on a Special Record_ Date for the payment of any such
defaulted interest. Such Special Record Date shall be fixed by the
Bond Registrar whenever moneys become available for payment of the
defaulted interest, and notice of the Special Record Date shall be
given to the Owners of the Bonds not less than ten (10) days prior
to the Special Record Date by first-class mail to each such Owner
as shown on the registration books kept by the Bond Registrar on a
date selected by the Bond Registrar. Such notice shall state the
-6 -
date of the Special Record Date and the date fixed for the payment
of such defaulted interest.
Interest payments shall be paid by check or draft of the
Paying Agent mailed on or before the interest payment date to the
Owners. The Paying Agent may make payments of interest on any Bond
by such alternative means as may be mutually agreed to between the
Owner of such Bond and the Paying Agent; provided that the Town
shall not be required to make funds available to the Paying Agent
prior to the dates on which such interest would otherwise be
payable hereunder, nor to. incur any expenses in connection with
such alternative means of payment. ·
The principal of and interest on the Bonds shall be paid
in accordance with the terms of the Paying· Agent and Registrar
Agreement.
Section 5. Prior Redemption. Bonds maturing. on
June 1, 1997, are subject to redemption prior to maturity, at the
option of the Town, as a whole or in integral multiples of $5,000,
on June 1, 1996, and on any interest payment date thereafter, upon
payment of par and accrued interest, without redemption premium.
If less than all of the Bonds within a maturity are to be
redeemed on any prior redemption date, .the Bonds to be redeemed
shall be selected by lot prior to the date fixed for redemption, in
such manner as the Bond Registrar shall determine. The Bonds shall
be redeemed only in integral multiples of $5,000. In the event a
Bond is of a denomination larger than $5;000, a portion of such
Bond may be redeemed, but only in the principal amount of $5,000 or.
any integral multiple thereof. Such Bond shall be treated for the
purp6se of redemption as that number of Bonds which results from
dividing the principal amount of such Bond by $5,000. In the event
a portion of any Bond is redeemed, the Bond Registrar shall,
without charge to the Owner of such Bond, authenticate and deliver
a replacement Bond or Bonds for the unredeemed portion thereof.
. In the event any of the Bonds or portions thereof (which
shall be in amounts equal to $5,000 or any integral multiple
thereof) are called for redemption as aforesaid, notice thereof
identifying the Bonds or portions thereof to be redeemed will be
given by the Bond Registrar by mailing a copy of the redemption
notice by first class mail (postage prepaid), not less than thirty
(30) days prior to the date fixed for redemption, to the Owner of
each Bond to be redeemed in whole or in part at the address shown
on the registration books maintained by or on behalf of the Town by
the Bond Registrar. Failure to give such notice by mailing to any
Owner, or any defect therein, shall not affect the validity of any
proceeding for the redemption of other Bonds as to which no such
failure or defect exists. All Bonds so called for redemption will
cease to bear interest after the specified redemption date,
-7 -
provided funds for their redemption are on deposit at the place of
payment at that time.
Section 6. Form and Execution of Bonds. The Bonds
shall be. signed with the facsimile or manual signature of the Mayor
of the Town, sealed with a ·facsimile or manual impression of the·
seal of the Town, and attested by the facsimile or inanual signature
of the Town Clerk. Should any officer whose facsimile or manual
signature appears on the Bonds cease to be such officer before
deliyery of the Bonds. to a purchaser, such facsimile or manual
signature shall · nevertheless be valid. · and sufficient for all
purposes.
· The Bonds may contain a reproduction of the opinion of
nationally recognized municipal bond counsel as to the Bonds and a
certification of such opinion by the Town Clerk.
· The Bonds shall recite that they are issued under the
· authority of. Title· 11, Article .56, C.R.S. Such recital shall
conclusively impart full. compliance with all provisions and
limitations of said Article 56; and all Bonds issued containing
such recital shall be incontestable for any cause whatsoever after
their delivery for value.
The. Bonds shall be in substantially the following form:
-8 -
No. R-___ _
[Form of Bond]
[Front of Bond]
UNITED STATES OF AMERICA
STATE OF COLORADO
COUNTY OF WELD
TOWN OF FIRESTONE
$ ___ _
GENERAL OBLIGATION WATER REFUNDING BOND,. SERIES 1993
INTEREST RATE MATURITY DATE
REGISTERED OWNER:
PRINCIPAL AMOUNT:
ORIGINAL
ISSUE.DATE
July.15, 1993
CUSIP .·
DOLLARS
The Town of Firestone, in the County of Weld and State of
Colorado, a statutory town and political subdivision duly organized
and operating under the constitution and laws of the .State .· of
Colorado, for value received, hereby acknowledges itself indebted
and promises to pay tQ the registered • owner named. above, or
registered assigns, on the maturity date specified above or on the
.date of prior redemptioni the principal amount specified above. In
like manner the Town promises to pay interest on such principal ·
amount (computed on the basis of a 360-day year of twelve 30-day
months) from the interest payment date next preceding the date of
registration and authentication of this Bond, unless this Bond is
registered and authenticated prior to December 1, 1993, in which
event this Bond shall bear interest from July 15, 1993, at the
interest rate per annum specified above, payable semiannually on
June 1 and December 1 each year, commencing on December 1, 1993,
until the principal amount is paid at maturity or . upon prior
redemption. The principal of this Bond is payable in lawful money
of the United States of America to the registered owner hereof upon
maturity or prior redemption and presentation at the principal
office of The Bond Registrars, Inc., in Englewood, Colorado, or its
successor, as Paying Agent.
Payment of each installment of interest shall be made to
the registered owner hereof whose name shall appear on the
registration books of the Town maintained by or on behalf of the
Town by The Bond Registrars, Inc., in Englewood, Colorado, or its
successor, as Bond Registrar, at the close of business on the
fifteenth ( 15th) day of the calendar month next preceding each
interest payment date ( the "Record Date") , and shall be paid by
-9 -
check or draft of the Paying Agent mailed on or before the interest
payment date to such registered owner at his address as it appears
on such registration books. The Paying Agent may make payments of
interest on any Bond by such alternative means as may be mutually
agreed to between the registered owner of such Bond and the Paying
Agent as provided in the ordinance authorizing the issuance of this
Bond (the "Bond Ordinance"). Any such interest not so timely paid
or duly provided for shall cease to be payable to the person who is
the registered owner hereof.at the close of business on the Record
Date and shall be payable to the person who is the registered owner
hereof at the close· of business • on a Special. Record Date ( the .
"Special Record Date") established for the payment of any defaulted
interest. Notice of· the Special Record Date and the date fixed for
the payment of defaulted interest shall be given by first-class
mail to the registered owner hereof as shown on the registration
books on a date selected by the Bond Registrar.
· If the date for making any payment or performing any·
action shall be a legal holiday or·a day on which the principal
office of the Paying Agent or Bond· Registrar is authorized or
required by law to remain closed, such payment may b.e made or act
performed on the next succeeding day which is not a legal holiday
or a day on which the principal office of the Paying Agent or Bond
Registrar is authorized or required by law to remain closed.
REFERENCE IS HEREBY MADE TO FURTHER PROVISIONS OF THIS
BOND SET FORTH ON THE REVERSE HEREOF, WHICH FURTHER PROVISIONS
SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF FULLY SET FORTH
IN THIS PLACE.
This Bond shall not be valid or become obligatory for any
. purpose or be . entitled to any security or benefit under the
authorizing Bond Ordinance until the certificate of authentication
hereon shall have been signed by the Bond Registrar.
IN TESTIMONY WHEREOF, the Board of Trustees of the Town
of Firestone has caused this Bond to be signed by the facsimile
-10 -
signature of the Mayor of the Town, sealed with a facsimile of the
seal of the Town, and attested by the facsimile signature of the
Town Clerk thereof, all as of the 15th day of July, 1993.
(FACSIMILE SEAL).
ATTESTED:
By: __ ~(~F~a~c~s=i~m=i=l~e....,,.S=i~g~n~at~u~r~e=,...) __
·Town Clerk
· TOWN OF FIRESTONE, COLORADO
By : _ __,(,-,Fcsa.,c"'s""i"'m""i"-'l..,e.__.S..,i.,.g,.,_n""a._,t..,u.,r,.,e..,),___
Mayor
[Form of Bond Registrar's Certificate of Authentication for Bonds]
CERTIFICATE OF AUTHENTICATION
This Borid 'is one of the Bonds of the issue described in
the within mentioned Bond Ordinance.
Date of Registration
and Authentication:
The Bond Registrars, Inc.
Englewood, Colorado,
as Bond Registrar
By:_·--------::-.,--------Authorized Signatory
-11 -
[Back of Bond]
ADDITIONAL PROVISIONS
This Bond is one of a series aggregating Two Hundred Ten
Thousand Dollars ($210,000) par value, all of like date, tenor, and
effect except as to number, principal amount, .interest rate; and
date of maturity, issued by the Board of Trustees of the Town of
Firestone, in the County of Weld and· State of Colorado, . for the·
purpose of refunding valid.and outstanding bonded indebtedness of
the Town, by virtue of and in full conformity with the Constitution
of the State of Colorado; Title 11,. Article 56, C.R.S.; and all
other. laws of the State of Colorado thereunto enabling, and .
pursuant to the-duly adopted Bond Ordinance. Pursuant to §11-56-
107(6), C.R.S., such recital shall conclusively impart full
compliance with all of the provisions of said Article 56, and this
Bond issued containing such re.cital is incontestable for any cause
whatsoever after its delivery for value.
It is hereby recited, certified, and warranted that all
of the requirements of law have been fully complied with by the
proper officers in issuing this Bond. It is hereby further
recited, certified, and warranted that the total indebtedness of
the Town, including that of this Bond, does not exceed any limit
prescribed by the constitution or laws of the State of Colorado;
and that provision has been made for the levy and collection of an
ad valorem tax on all of the taxable property within the Town, to
the extent other funds are not made.available for such payments,
sufficient to pay the principal of and interest on this Bond as the
same respectively become due, subject only to such limitations, if
any, imposed by Article x, Section 20 of the Colorado Constitution.
The full faith and credit of the Town are hereby pledged
for the punctual payment of the principal of. and interest on this
Bond, subject only to such limitations, if any, imposed by Article ·
x, Section 20 of the Colorado Constitution. ·
Reference is hereby made to the Bond Ordinance for an
additional description of the nature and extent of the security for
the Bonds, the accounts and revenues pledged to the payment
thereof, the rights and remedies of the registered owners of the
Bonds, the manner in which the Bond Ordinance may be amended, and
the other terms and conditions upon which the Bonds are issued,
copies of which are on file for public inspection at the office of
the Town Clerk.
Bonds of this issue maturing on June 1, 1997, are subject
to redemption prior to maturity, at the option of the Town, as a
whole or in integral multiples of $5,000, and if less than the
entire maturity is to be redeemed, then by lot within such
maturity, on June 1, 1996, and on any interest payment date
thereafter, upon payment of par and accrued interest, without
redemption premium.
-12 -
The Bonds will be redeemed only in integral multiples of
$5,000. In the, event a Bond is of a denomination larger than
$5,000, a portion of such Bond may be redeemed, but only in the
principal amount of $5,000 or any integral multiple thereof. Such
Bond will be treated for the purposes of redemption as that number
of Bonds.which results from dividing the principal amount of such
Bond by $5,000. In the event a portion of this Bond is redeemed,
the Bond Registrar shall, without charge to the registered owner of
this Bond, authenticate and deliver a replacement Bond or Bonds for . ·
the unredeemed portion. · · ·
. Notice of prior redemption shall be given by mailing a
copy of the redemption notice, not less than thirty ( 30) days prior
to the date fixed for redemption, to the registered owner of this
Bond at the address shown on the registration books maintained by
the Bond Registrar, in the manner set forth in the Bond Ordinance.
All Bonds called for redemption will cease to bear interest after
the specified redemption date, provided funds for their redemption
are on deposit at the place of payment at that time.
The Town and Bond Registrar shall not be required to
issue or transfer any Bonds: (a) during a period beginning at the
close of business on the Record Date and ending at the opening of
business on the first business day following.the ensuing interest
payment date; or (b) during the period beginning at the opening of
business on a date forty-five (45) days prior to the date of any
redemption of Bonds and ending at the opening of business on the
first business day following the day on which the applicable notice
of redemption is mailed. The Bond Registrar shall not be required
to transfer any Bonds selected or called for redemption, in whole
or in part.
The Town, the Paying Agent, and the Bond Registrar may
deem and treat the registered owner of this Bond as the absolute
owner hereof for all purposes (whether or not this Bond shall be
overdue), and any notice to the contrary shall not be binding upon
the Town, the Paying Agent, or the Bond Registrar.
This Bond may be exchanged at the principal office of the
Bond Registrar for a like aggregate principal amount of Bonds of
the same maturity of other authorized denominations. This Bond is
transferable by the registered owner hereof in person or by his
attorney duly authorized in writing, at the principal office of the
Bond Registrar, but only in the manner, subject to the limitations,
and upon payment of the charges provided in the Bond Ordinance and
upon surrender and cancellation of this Bond. This Bond may be
transferred upon the registration books upon delivery to the Bond
Registrar of this Bond, accompanied by a written instrument or
instruments of transfer in form and with guaranty of signature
satisfactory to the Bond Registrar, duly executed by the owner of
this Bond or his attorney-in-fact or legal representative,
containing written instructions as to the details of the transfer
-13 -
of the Bond, along with the social security number or federal
employer identification number of such transferee. In the event of
the transfer of this Bond, the Bond Registrar shall enter the
transfer of ownership. in the registration books and· shall
authenticate and deliver in the name of the transferee or
transferees a new fully registered Bond or Bonds of authorized
denominations of the same · maturity and interest rate · for the
aggregate principal amount which the registered owner is entitled ·
to receive .at the earliest practicable time. The Bond Registrar·
shall charge the owner of this Bond for every such transfer or
exchange an amount sufficient to reimburse it for its reasonable
fees .and for any tax or other governmental charge· required to be
paid with respect to such transfer or exchange.
-14 -
. .
[Form of Transfer for Bonds]
ASSIGNMENT.
FOR VALUE RECEIVED, the undersigned sells, assigns, and
transfers unto---~-------------,-----------
SOCIAL .SECURITY OR FEDERAL EMPLOYER
IDENTIFICATION NUMBER OF ASSIGNEE
(Name and.Address of Assignee)
the within Bond and does hereby irrevocably constitute and appoint
.,....----,-'-----::------:---:--=--,-~....,..,_--:--'--:----:---,---:------:---:------:--:--'attorney, to transfer said Bond on the books kept for registration thereof
with full power of substitution in the premises.
Dated:~--'---------'----
Signature of Registered Owner:
NOTICE: The signature to this
assignment must correspond with the
name of the registered owner as it
appears upon the face of the within
Bond in every particular, without
alteration or enlargement or any
change whatever.
Signature guaranteed:
(Bank, Trust Company, or Firm)
-15 -
Section 7. Authentication. No Bond shall be valid or
obligatory for any purpose or be entitled to any security or
benefit under this Ordinance unless and until a certificate of
authentication on such Bond substantially in the form hereinabove
set forth shall have been duly executed by the Bond Registrar, and
such executed certificate of the Bond Registrar upon any such Bond
shall be conclusive evidence that such Bond has been authenticated
and delivered under this Ordinance .. · The Bond Registrar's
certificate of authentication on any Bond shall be deemed to have
been executed by it if signed by an authorized officer or signatory
of the Bond Registrar, but it shall not be necessary that the same
officer or signatory sign the certificate of authentication on all
of the Bonds issu·ed hereunder.
Section 8. Delivery of Bonds. Upon the adoption of
this Ordinance, the Towri shall execute the Bonds and deliver them
to the Bond Registrar, and the Bond Registrar shall authenticate
the Bonds and deliver them to the purchasers thereof, as directed
by the Town, and in accordance with the Bond Purchase Agreement.
Section 9. Registration. Exchange. and Transfer of
Bonds; Persons Treated as Owners. The Bond Registrar shall
maintain the books of the Town for the registration of ownership of
each Bond as provided in this Ordinance.· Bonds may be exchanged at
the principal office of the Bond Registrar for a like aggregate
principal amount of Bonds of the same maturity of other authorized
denominations. Bonds may be transferred upon the registration
books upon delivery of the Bonds to the Bond Registrar, accompanied
by a written instrument or instruments of transfer in form and with ·
guaranty of signature satisfactory to the Bond Registrar, duly
executed by the Owner of the Bonds to be transferred or his
attorney-in-fact or legal representative, containing written
instructions as to the details of the transfer of such Bonds, along
with the social security number or federal employer identification
number of such transferee. No transfer of any Bond shall be
effective until entered on the registration books.
In all cases of the transfer of a Bond, the Bond
Registrar shall enter the transfer of ownership in the registration
books and shall authenticate and deliver in the name of the
transferee or transferees a new fully,registered Bond or Bonds of
authorized denominations of the same maturity and interest rate for
the aggregate principal amount which the registered owner is
entitled to receive at the earliest practicable time. The Bond
Registrar shall charge the Owner of a Bond for every such transfer
or exchange an amount sufficient to reimburse it for its reasonable
fees and for any tax or other governmental charge required to be
paid with respect to such transfer or exchange.
The Town and Bond Registrar shall not be required to
issue or transfer any Bonds: (a) during a period beginning at the
close of business on the Record Date and ending at the opening of
-16 -
business on the first business day following the ensuing interest
payment date; or (b) during the period beginning at the opening of
business on a date forty-five (45) days prior to the date of any
redemption of Bonds and. ending at the opening of business on the
first business day following the day on which the applicable notice
of redemption is mailed. The Bond Registrar shall not be required
to transfer any Bonds selected or called for redemption, in whole
or in part.
New Bonds delivered upon any transfer or exchange shall
be valid obligations of the Town, evidencing the same obligation as
the Bonds surrendered, . shall be secured by this Ordinance,. and
shall be entitled to·all of the security and benefits hereof to the
same extent as the Bonds surrendered. ·
The Town, the Paying Agent, and the Bond Registrar may
deem and treat the registered Owner of any· Bond as the absolute
owner thereof for all purposes (whether or not such Bond shall be
overdue), and any notice to the contrary shall not be binding upon
the Town, the Paying Agent, or the Bond Registrar. ·
Section 10. Cancellation of Bonds. Whenever any Bond
shall be delivered to the Bond Registrar for cancellation pursuant
to this Ordinance and upon payment of the principal amount and
interest represented thereby, or whenever any Bond shall be
delivered to the Bond Registrar for transfer or exchange pursuant
to the. provisions hereof, such Bond shall be cancelled by the Bond
Registrar . and counterparts of a certificate of cancellation
evidencing such cancellation shall be furnished by the Bond
Registrar to the Town.
Section 11. Lost Bonds. Any Bond that is · lost,
stolen, destroyed, or mutilated may be replaced by the Bond
Registrar in accordance with and subject ·to• the limitations of
applicable law. The applicant for any such replacement Bond shall
post such security, pay such costs, and present such proof of
ownership and loss as may be required by applicable law, or in the
absence of specific requirements, as may be required by the Bond
Registrar.
Section 12. Disposition and Investment of Proceeds;
Tax Covenants. The Bonds shall be issued and sold for the purpose
of paying the costs of refunding the Outstanding Bonds; and paying
other costs in connection with the refunding of the Outstanding
Bonds. Neither the Purchaser nor any subsequent Owners of the
Bonds shall be responsible for the application or disposal by the
Town or any of its officers of the funds derived from the sale
thereof.
All or any portion of the Bond proceeds may be tempo-
rarily invested or reinvested, pending such use, in securities or
obligations which are lawful investments. It is hereby covenanted
-17 -
and agreed by the Town that it will not make, or permit to be made,
any use of the original proceeds of the Bonds, or of any moneys
treated as proceeds of the Bonds within the meaning of the Code and
applicable regulations, rulings, and decisions, or take, permit to
be taken, or fail to take any action, which would adversely affect
the exclusion from gross income of the interest on the Bonds under
Section103 of the Code. and applicable regulations, rulings, and
decisions. ·
The Town further covenants to pay from time to time all
. amounts required to be rebated to the United States pursuant to
Section 148(f) of the Code and any temporary, proposed, or final
Treasury . Regulations as may be applied· to the Bonds and the
Outstanding Bonds from time to time. The payment of such re.bate
amounts as required by this paragraph supersedes all other
provisions of this Ordinance concerning the deposit and transfer of
interest earnings to or from any other fund or account. Moneys set
aside to pay such rebate amounts pursuant to this paragraph are not
subject· to any . lien created hereunder for the benefit of the
Owners. This covenant shall survive the payment in full or the
defeasance of the Bonds.
The Town hereby designates the Bonds as "qualified tax-
exempt obligations" for purposes of Section265(b)(3) of the Code.
Section 13. Creation of Accounts. There is hereby
created and established the Bond Account, which shall be
established as a line item account of the Town's general fund and
maintained by the .Town in. accordance with the provisions of this
Ordinance.
There is also hereby established the Escrow Account, to
be maintained by the Bank in accordance with the provisions hereof
and of the Escrow Agreement.
Section 14. Initial Credits to Accounts. Immediately
upon issuance bf the Bonds and from the proceeds thereof, and after
payment of the costs of issuing the Bonds, the Town shall make the
following credits:
(a) to the Escrow Account, proceeds of the Refunding
Bonds sufficient, when combined with other legally available moneys
of the Town credited thereto, to fund the Escrow Account in
accordance with the report of a Certified Public Accountant as
required by the provisions hereof; and
(b) to the Bond Account, the accrued interest on the
Bonds from the dated date thereof to the date of issuance, if any.
Upon issuance of the Bonds, the Town shall credit to the
Escrow Account such other legally available moneys of the Town as
-18 -
may be necessary to fully fund the Escrow Account as set forth in
this Section,
Section 15. Pledge of Ad Valorem Taxes; Bond Account.
There shall be deposited to the Bond Account moneys which, when
combined with other moneys therein; will be sufficient to pay the
principal of and interest on the Bonds when due. Moneys credited
to the Bond Account shall be used solelyto·pay the principal of.
and interest on the Bonds. .
If necessary, the interest to.become due on the Bonds on·
the first interest payment.date shall be advanced from any revenues
or funds of the Town lawfully available for such purpose. For the
purpose of reimbursing said advance and paying the principal of and
interest on the Bonds as the same become due and payable
respectively, there shall be · levied· by the Board of County .
Commissioners of· the County of · Weld, Colorado, on all of the .
taxable property in the Town, in addition to all other taxes,
direct annual taxes in each of the years 1993 to 1996, inclusive,
sufficient·to make such reimbursement and pay the principal of and
interest on the Bonds as the same become due and payable,
respectively, to the extent other funds are not made available for
such payments, subject only to such limitations, if any, imposed by
Article X, Section 20 of the Colorado Constitution.
When collected the taxes levied for the purpose of paying
the principal of and interest on the Bonds ( less any amounts
necessary to repay said advance) shall be deposited in .the Bond .
Account and applied solely for the payment of the principal of and
interest on the Bonds, respectively, until the Bonds, as to both
principal and interest, shall be fully paid, satisfied, and
disch~rged; provided however, that nothing herein contained shall
be so construed as to preverit the · Town from applying any other
funds or revenues that. may be in the treasury of the Town and
available for that purpose, to the payment of the principal of and
interest on the Bonds, and upon the application of any other such
funds or revenues as aforesaid, the mill levy or levies herein
provided may thereupon to that extent be diminished.
The foregoing provisions of this Ordinance are hereby
declared to be the certificate of the Board to the Board of County
Commissioners of Weld County, Colorado; showing the aggregate
amount of taxes to be levied for the purposes aforesaid by said
Board of County Commissioners from time to time, as required by
law, for the purpose of reimbursing said advance and paying the
principal of and the interest on the Bonds when due.
The amounts necessary to pay all costs and expenses
incidental to the issuance of the Bonds and to pay the principal of
and interest on the Bonds when due are hereby appropriated for said
purposes, and such amounts as appropriate for each year shall also
be included in the annual budget and the appropriation bills to be
-19 -
adopted and passed by the Board in each year, respectively, until
the Bonds have been fully paid, satisfied, and discharged.
It shall be the duty of the Board, annually, at the time
and in the manner provided by law for levying other Town taxes, if
such action shall be necessary to effectuate the provisions of this
Ordinance, to ratify. and carry out the provisions hereof with
reference to the levying and collection of taxes; and the Board
shall levy, certify, and collect said taxes in the manner provided
by law for the purpose of funding the Bond Account for the payment
of the principal of and interest on the Bonds, and said taxes, when
collected, shall be kept for and applied only to t,he payment of the
principal of and interest on the Bonds as herein specified.
Moneys credited to the Bond Account may be invested or
deposited in· accordance with the laws of the State of Colorado.
The investment of moneys credited to the Bond Account shall,
however, be subject to the covenants and provisions of the Section
hereof entitled "Disposition and Investment of Proceeds; Tax
Covenants" . Except to the extent otherwise required by such
Section, all interest income from the investment or reinvestment of
moneys credited to the Bond Account shall remain in and become part
of the Bond Account.
Section 16. Additional Tax Levies in the Event of
Delinquency. Said taxes shall be levied, assessed, collected, and
enforced at the time and in the form and manner and with like
interest and penalties as other general taxes in the State of
Colorado, and when collected said taxes shall be paid to the Town
as provided by law. In the event any of said levies or the charges
that may be made by the Town shall fail to produce an amount
suffi-cient to pay the principal of and interest on the Bonds
becoming due in the next succeeding year, the deficit shall be made
up in the next levy, and taxes shall continue to be levied pursuant
to the provisions of this Ordinance until the Bonds and the
interest thereon shall be paid in full, subject only to such
limitations, if any, imposed by Article X, Section 20 of the
Colorado Constitution. · The Board shall take all necessary and
proper steps to enforce promptly the payment of taxes levied
pursuant to this Ordinance.
Section 17. Application of Revenue. Notwithstanding
the foregoing provisions for tax levies, the Town covenants and
agrees to establish, maintain, and enforce a schedule of rates,
fees, and charges for the availability of, connection to, and use
of the Town's municipal water system, which together with said tax
levies and all other legally available revenues and funds of the
Town, shall be sufficient to pay the costs of operating and
maintaining the system, and to pay the principal of and interest on
the Bonds as the same respectively mature and accrue. This
Section shall not be construed as a limitation upon the Town's
-20 -
ability to .further pledge or otherwise encumber the revenue of the
Town's water system.
Section 18. Defeasance. When all principal and
interest in connection with the Bonds have been duly paid, the
pledge and lien. and all obligations of the Town hereunder shall
thereby be discharged and the Bonds shall no longer be deemed to be
outstanding within the meaning of· this Ordinance.. There shall be ··
deemed to be such due payment when the Town has placed in escrow
and in trust with a commercial bank located within or without the
State of Colorado, and exercising trust powers, an amount
sufficient (including the. known minimum yield from Federal
Securities in.which such amount may be initially invested) to meet
all.requirements of principal and interest as the same become due
to their final· maturities or upon designated prior redemption
dates .. · The Federal Securities shall become due at or prior to the .
respective times on which the proceeds thereof shall be needed, in
accordance with a schedule established and agreed upon between the
Town and such bank at the time of the creation of the escrow,· or .
the Federal Securities shall be subject to redemption at the option
of the holders thereof to assure such availability as so needed to
meet such schedule. The sufficiency of the escrow shall be
determined by a Certified Public Accountant. · ·
Section 19. Escrow Account. The Escrow Account shall
be funded as set forth in the Section hereof entitled "Initial
credits to Accounts", and shall be established and maintained at
the Bank in accordance with the Escrow Agreement. Except as may be
otherwise provided in the Escrow Agreement, the Town shall have no
right or title to the moneys credited to or held · in the Escrow
Account, and such title shall be and is hereby transferred to the
Bank ~n trust for the payment of the principal of and interest on
the Outstanding Bonds.
The Bank is hereby authorized and directed to use the.
moneys credited to the Escrow Account to provide for the payment of
the acquired obligations to be held in the Escrow Account and to
fund the Escrow Account with the necessary beginning cash, if any,
as required in accordance with the escrow sufficiency computations
verified by a Certified Public Accountant. ·
Thereupon, the balance, if any, of the proceeds of the
Bonds held by the Bank, the Town, or any other person, shall be
deposited in the Bond Account to be held for the payment of the
principal of or interest on the Refunding Bonds. The foregoing
provision shall apply only to excess funds in the Escrow Account on
hand at the time of delivery of the Bonds, and no further
distribution of funds on hand in the Escrow Account shall be made
to the Town except at the time of termination of the Escrow
Agreement or as provided therein.
-21 -
Section 20. Payment of Outstanding Bonds. The Escrow
Account, when invested by the Bank, shall at all times be at least
sufficient to pay the principal of and interest on the Outstanding
Bonds in accordance with the following schedule:
The Outstanding Bonds maturing in the years 1994 to 1998,
inclusive, shall be called for redemption prior to their respective
maturities and shall be paid on the date and at the .price set forth
below:
Prior Redemption
Date and Price
December 1, 1993, at
a price of par and accrued
interest, without redemption premium
Section 21. Investment of Escrow Account. In accord-
ance with the Escrow Agreement, the Bank shall invest.the funds on
deposit in the. Escrow Account in non:..callable Federal Securities
only, and shall fully secure· any cash balance in the Escrow Account
in the manner required by law for other trust funds. The Bank may
substitute obligations in the Escrow Account pursuant to the Escrow
Agreement. · · ·· ·
Section 22. Additional Deposits. If, for any reason,
at any time, the funds on .hand in the Escrow. Account shall be
insufficient to meet payments of the.principal of and interest on
t.he Outstanding Bonds, as the same shall be about to become due and
payable, the Town shall forthwith deposit in the Escrow Account
such additional legally available funds as may be required fully to
meet the amount about to become due and payable.
Section 23. Obligations of Escrow Bank. The Bank
shall from time to time redeem at maturity all or a portion of the
non-callable Federal Securities in the Escrow Account, in
sufficient amounts so that the proceeds therefrom and the interest
thereon as the same accrues, will be sufficient to pay the
principal of and interest on the Outstanding Bonds as the same
become due in accordance with the schedule hereinabove set forth.
Section 24. Notice of Refunding. Call. and Redemption.
The Town may give notice of the refunding of the Outstanding Bonds,
on or about the time of such refunding, by mailing such notice to
the paying agent and original purchaser of the Outstanding Bonds.
Prior to the date of any prior redemption of the Outstanding Bonds
as set forth herein, notice of call and redemption of the
Outstanding Bonds shall be given in the time and manner required by
the documents authorizing the issuance of the Outstanding Bonds.
-22 -
Section 25. Events of Default. The occurrence or
existence of any one or more of the following events shall be an
Event of Default hereunder:
(a) payment of the principal of or redemption premium on
any Bond is not made by the Town when due;
(b) payment of any interest on any Bond is not made by
the Town when due;
(c) . the Town defaults in the performance of any other of
its covenants in this Ordinance, and such default continues for
sixty (60) days after written notice specifying such default and
requiring the same to be remedied is given. to· the Town by the
Owners of twenty-five percent (25%) in aggregate principal amount
of the Bonds then outstanding; ·or
·. ( d) . the Town files a • petition under the federal
bankruptcy laws or other applicable bankruptcy laws· seeking to
adjust the debt represented by the Bonds.
Section 26. Remedies For Events of Default. Upon the
occurrence and continuance of an Event of Default, the Owner of any
Bond may proceed to protect and enforce the rights of any Owner
under this· Ordinance by mandamus or such other suit, action, or
special proceedings in equity or at law, in any court of competent
jurisdiction. All such proceedings shall be instituted, had, and
maintained for the equal benefit of all Owners of.the Bonds then.
outstanding. . . . . .
Section 27. Permitted Amendments to Bond Ordinance.
The Town may, without the consent of or notice to the Owners adopt
amendments or supplements to this Ordinance, which amendments or
supplements shall thereafter form a part hereof, for any one or
more of the following purposes:
(a) to cure any ambiguity, to cure, correct, or
supplement any formal defect or omission or inconsistent provision
contained in this Ordinance, to make any provision necessary or
desirable due to a change in law, to make any provisions with
respect to matters arising under this Ordinance, or to make any
provisions for any other purpose, if such provisions are necessary
or desirable and do not materially adversely affect the interests
of the Owners of the Bonds;
(b) to subject to this Ordinance or pledge to the
payment of the Bonds additional revenues, properties, or
collateral; and
(c) to grant or confer upon the Owners any additional
rights,.remedies, powers, or authority that may be lawfully granted
to or conferred upon the Owners.
-23 -
Section 2 8. Amendments Requiring Consent of Owners.
Except for amendatory or supplemental ordinances adopted pursuant
to the Section hereof entitled "Permitted Amendments to Bond
Ordinance", .. the Owners of not less than two-thirds ( 2 / 3) . in
aggregate principal amount of the Bonds then outstanding shall have
the right, · from time to . time, to consent to and approve . the
adoption by the Town of such ordinances amendatory or supplemental
hereto as shall be deemed necessary or desirable by the Town for
the· purpose of modifying, altering, amending, adding to, or
rescinding, in any particular, any of the terms. or provisions
contained in this Ordinance; provided however, that without the
consent of the Owners of all the Bonds affected thereby, nothing
herein contained shall permit, or be construed as permitting:
(a) a change in the terms of the maturity of any Bond,
in the principal amount of any Bond or the rate of interest
thereon; or in the terms of prior redemption of any Bond;
(b)
institute suit
of or interest
an impairment of the right of
for the enforcement of any payment
on the Bonds when due;
the Owners to
of the principal
(c) a privilege or priority of any Bond or any premium
or interest payment over any other Bond or premium or interest
payment; or
(d) a reduction in the percentage in principal amount of
the Bonds the consent of whose Owners is required for any such
amendatory or supplemental ordinance.
If at any time the Town shall desire to adopt an
amendatory or supplemental ordinance for any of the purposes of
this Section, the Town shall cause notice of .the proposed adoption
of such amendatory or supplemental ordinance to be given by mailing
such notice by certified or registered first-class mail to the
Underwriter and to each Owner of a Bond to the address shown on the
registration books of the Bond Registrar, at least thirty (30) days
prior to the proposed date of adoption of any such amendatory or
supplemental ordinance. Such notice shall briefly set forth the
nature of the proposed amendatory or supplemental ordinance and
shall state that copies thereof are on file at the offices of the
Town or some other suitable location for inspection by all Owners.
If, within sixty (60) days or such longer period as shall be
prescribed by the Town following the giving of such notice, the
Owners of not less than the required percentage in aggregate
principal amount of the Bonds then outstanding at the time of the
execution of any such amendatory or supplemental ordinance shall
have consented to and approved the execution thereof as herein
provided, no Owner of any Bond shall have any right to object to
any of the terms and provisions contained therein, or the operation
thereof, or in any manner to question the propriety of the adoption
and effectiveness thereof, or to enjoin or restrain the Town from
-24 -
adopting the same or from taking any action pursuant to the
provisions thereof.
Section 29. Effect of Amendment. Upon the execution
of any amendatory or supplemental ordinance pursuant to this
Ordinance, this Ordinance . shall be deemed to bE:l modified and
amended in accordance therewith, and the respective rights, duties,
and obligations. under this Ordinance of. the Town,.· the Bond
Registrar, the Paying Agent, and all Owners of Bonds. then
outstanding shall thereafter be determined, exercised, and enforced
hereunder, subject in all respects to such ·. modifications and
amendments . · ·
Section 30. Removal or Resignation of Bond Registrar
or Paying Agent; Successors. The Paying Agent and Bond Registrar
may resign, or may be .removed by the Town· at any time, with or
without cause.· In the event of the removal or resignation of the
Bond Registrar or Paying Agent, the Town·shall appoint a successor
as soon thereafter as may be practicable, and in such event, shall
give written notice thereof to each Owner by mailing to the
addresses shown on the registration books for the Bonds. Any
successor Paying Agent shall:
(a) be a trust company or bank in good standing located
in or incorporated under the laws of the State of Colorado;
(b) be duly authorized to exercise trust powers;
(c) be subject to examination by a federal or state
authority; and
(d) maintain a reported capital and surplus of not less
than ten million dollars ($10,000,000).
Section 31. Authorization to Execute Documents. The
Mayor and Town Clerk shall, and they are hereby authorized and
directed to take all actions necessary or appropriate to effectuate
the provisions of this Ordinance, including, but not limited to,
the execution of the Paying Agent and Registrar Agreement and the
Escrow Agreement in substantially the forms presented to this
meeting of the Board, and such certificates and affidavits as may
be reasonably required by the Underwriter. The execution by the
Mayor of the Town of any document authorized herein shall be
conclusive proof of the approval by the Town of the terms thereof.
Section 32. Declaration and Findings. Having been
fully informed of and having considered all the pertinent facts and
circumstances, the Board does hereby find, determine, and declare:
(a) The taxable property upon which taxes will be levied
for the payment of the Bonds is identical to the taxable property
-25 -
upon which tax levies are being made for the payment of the
Outstanding Bonds, and the Bonds shall be payable from the same
funds to be derived from the same source as would have been used to
pay the Outstanding Bonds if no refunding thereof were to occur;
( b) The funds and investments to. be placed in. the Escrow
Account, together with interest to be derived · from such
investments, are in an amount which at . all times shall be
sufficient to pay.the principal of and interest on the Outstanding
Bondsas they become due in accordance with the schedule set forth
herein, and the computations made in determining such sufficiency
have been verified by a Certified Public Accountant; ·
. . .
(c) .. The total aggregate amount of bonded indebtedness of
the Town does not now, nor shall it upon the issuance of the Bonds,
exceed any applicable limit prescribed by the constitution or laws
of the State of Colorado; ·
(d) The issuance of the Bonds, the refunding of .. "the
Outstanding Bonds, and all procedures undertaken incident thereto,
are in full compliance and conformity with all applicable require-
ments, provisions, and limitations prescribed by the constitution
and laws of the State of Colorado thereunto enabling, particularly
Title 11, Article 56, C.R.S.; and
(e) Entering into and completing the refunding program
herein authorized at this time will enable. the Board to (i) reduce
the net effective interest rate of the obligations represented by
the Outstanding Bonds; and (ii) reduce the total interest payable
over the life of the obligations represented by the Outstanding
Bonds by issuing bonds at a lower net interest cost, or having a
lower-net effective interest rate.
Section 33. Costs and Expenses. All costs and
expenses incurred in connection with the issuance and payment of
the Bonds, including without limitation all expenses related to the
refunding procedure shall be paid either from the proceeds of the
Bonds or · from legally available moneys of the Town, or from a
combination thereof, and such moneys are hereby appropriated for
that purpose.
Section 34. Acceptance of Bond Purchase Agreement.
The Board does hereby reaffirm its determination to accept the Bond
Purchase Agreement as submitted by the Purchaser, and to sell the
Bonds to the Purchaser upon the terms, conditions, and provisions
as set forth in the Bond Purchase Agreement. It is hereby found
and determined by the Board that the Purchaser has made all
disclosures required by §11-56-104.5, C.R.S. to be made by the
Purchaser as of the date hereof. The Mayor of the Town is hereby
authorized to execute the Bond Purchase Agreement and the Town
Clerk is hereby authorized to attest to such execution, all on
behalf of the Town.
-26 -
Section 35. Holidays. If the date for making any
payment or performing any action hereunder shall be a legal holiday
or a day on which the principal office of the Paying Agent or Bond
Registrar is authorized or required by law to remain closed, such
payment may be made or act performed on the next succeeding day
which is not a legal holiday or a day on which the principal office·
of the Paying Agent or Bond Registrar is authorized or.required by
law to remain.closed.
Section 36. • Ratification and Approval · of Prior
Actions. All actions heretofore taken by the officers of the Town
and the members of the Board, not inconsistent with the provisions.
of this Ordinance, relating to the authorization, sale, issuance,
and delivery of the Bonds, are hereby ratified, approved, and
confirmed. · ·
Section 37. Ordinance Irrepealable. After any of the
Bonds have been issued, this Ordinance shall constitute a contract.
between the Owners and · the .. Town, . and . shall · be .· and remain,·
irrepealable until the Bonds and the interest accruing thereon
shall have been fully paid, satisfied, and discharged, as herein
provided. ·
Section 38. . Repealer. All orders, bylaws, ordinances,
and resolutions of the Town, or parts thereof, inconsistent or in
conflict with this Ordinance, are hereby repealed to the extent
only of such inconsistency or conflict.
Section 39. Severability. If any section, paragraph,
clause, or provision of this Ordinance shall for any reason be held
to be-invalid or unenforceable, the invalidity or unenforceability
of such section, paragraph, clause, or provision shall not affect
any of the remaining provisions of this Ordinance, the intent being
that the same are severable. ·
-27 -
Section 40. Emergency Declaration. Insofar as it is
necessary to issue the Bonds immediately in order to take advantage
of the presently existing interest rates, the provisions of this
Ordinance are hereby declared to be necessary to the immediate of
preservation of the public health and safety and shall become
effective upon adoption in accordance with Section 31-16-105,
C.R.S. . . .
Section 41. Recording and Authentication. Upon
adoption hereof, this Ordinance shall be recorded in·a book kept
for that purpose and shall be authenticated by the signatures of
the Mayor and the Town Clerk.
Section 42.
effect upon adoption.
Effective Date. This Or.dinance shall take
INTRODUCED, ADOPTED AND APPROVED AS AN EMERGENCY
ORDINANCE on the 28th day of June, 1993.
( S E A L
Mayor
AT'fESTED: .· .
_,J
Town Clerk
Published in the on Farmer and Miner, on July , 1993.
-28 -
Thereupon, Trustee _________ moved that the
foregoing ordinance be passed and adopted as an emergency ordinance
and as read. The ·motion was duly seconded by Trustee
---,--.,..--,------' put to a vote, and carried on the following
recorded .vote:
Those voting AYE:
Those voting NAY:
The presiding officer thereupon declared that no.t les.s
than three fourths ( 3 / 4) of all the members elected to the Board of
Trustees_ having voted in favor thereof, the motion was carried.
Thereupon the Town Clerk was directed to publish the
ordinance in full in accordance with law. ·
After consideration of other business before the Board,
the meeting was adjourned.
( S E· A L
Town Clerk
-29 -
STATE OF COLORADO
WELD COUNTY
TOWN OF FIRESTONE
)
)
)
)
)
I, Trudy Peterson, Town Clerk of the .Town of Firest.one,
Weld County, Colorado, do hereby certify that the foregoing pages
numbered 2 to 29, inclusive, constitute a true and correct copy of
that portion of the record of proceedings of the Board of Trustees
of said Town relating to the adoption of an ordinance authorizing·
the issuance of general obligation water refunding bonds, taken at
· a continued regular meeting of the Board at the Firestone Town Hall ·
in Firestone,·Colorado, on Monday, the 28th day of June,· 1993, at.·
the hour of P.M., as recorded in the official record of·
proceedings of said Town kept in my office; that the proceeding~
were duly had and taken; that the meeting was duly held; that the
persons therein named were present at said meeting and voted as
shown therein; that full and timely notice of the meeting was given
to the public . which notice was duly posted in at least one
designated public place within the boundaries of the Town not less
than twenty-four (24) hours prior to the meeting; and that the full
text of the ordinance was published in a newspaper published within
the limits of the Town, the affidavit of publication being attached
hereto as Exhibit A. ·
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the Town, this day of July, 1993.
SEK L
Town Clerk
-30 -
EXHIBIT A
(Attach affidavit of publication of the ord_inance
-31 -
APPLICATION TO
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
FOR CANCELLATION OF TEMPORARY USE PERMIT
The Town of Firestone hereby applies for the cancellation of the following Temporary Use
Permit:
Permit or Renewal Dated Acre-Feet
Permit --August 14, 1992 7
Dated at Firestone, Colorado. this :/L,
// dayof,~/-f<f'/' , 1993.
TOWN OF FIRESTONE
ATTEST~
I
(SEAL) ./
ORDER ON APPLICATION
Application having been made by the Town of Firestone for the cancellation of the above
Temporary Use Permit, and Hearing having been held by the Board of Directors of Northern
Colorado Water Conservancy Distrtct, it is hereby ORDERED that the above Temporary Use
Permit be cancelled.
Dated the ___ day of_~-------· 1993.
ATTEST:
Acting Secretary
NORTHERN COLORADO WATER
CONSERVANCY DISTRICT
President
or invalid for any reason, such decision shall not affect the
validity or constitutionality of the remaining portions of this
ordinance. The Board of Trustees hereby declares ·that it would have
passed this ordinance and each part or parts hereof irrespective of
the fact that any one part or parts be declared unconstitutional or
invalid. ·
section 7, All· other ordinances or portions thereof
inconsistent oi: c~mflicting with this ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
cqnflict.
Section 8. This ordinance is deemed necessary for the
protection of the health, welfare and safety of the community.
INTRODUCED, READ, ApOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this /# day of d,.z:v~ . , 1993.
Attest:
Trudy Peterson
Town Clerk
102193/1518[dkmlc:fireston\enterpr.ord
4
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
ORDINANCE NO. ...) f ?'
AN ORDINANCE DESIGNATING AND ESTABLISHING THE TOWN OF
FIRESTONE WATER ACTIVITY ENTERPRISE.
WHEREAS, Section 20 of Article X of the Colorado Constitution
provides that "enterprises" as defined therein are exempt from all
provisions thereof; and
WHEREAS, pursuant to the provisions of Title 37, Article 45 .1,
Colorado Revised Statutes (the "Water Activity Law"), state and
local governmental entities which have their own bonding capacity
under applicable laws are authorized: (i) to establish or continue
to maintain water activity enterprises for the purpose of pursuing
or continuing water activities, which includes the diversion,
storage, carriage, delivery, distribution, collection, treatment,
use, reuse, augmentation, exchange, or discharge of water; and (ii)
to issue or reissue bonds, notes, or other obligations payable from
the revenues derived or to be derived from the function, service,
benefits, or facility or from any other available funds of the
enterprise, the terms and conditions of such bonds or other
obligations to be as set forth in the resolution authorizing the
same and, as nearly as practicable, as provided in Part 4 of
Article 35 of Title 31, C.R.S., relating to water and sewer revenue
bonds; and
WHEREAS, the Town Board finds and determines that it has
operated municipal activity enterprises for many years past and
desires to specifically identify those municipal activity
enterprises and provide for their continued operation within the
definitional limitation of Section 20 of Article X; and
WHEREAS, the Town Board desires to take advantage of its
legislative authority and finds that it would be in the public
interest to expressly recognize such activities and others as
municipal activity enterprises in the Town of Firestone; and
WHEREAS, the Town Board finds and declares that the authority
of Senate Bill 93-130, adding Article 45.1 to Title 37, C.R.S., is
in addition to all other authority provided by law and that the
Town Board has the authority to utilize other policies and
procedures for operating or continuing water activity enterprises
for any other lawful purposes; and
WHEREAS, as a statutory municipality of the State of Colorado,
the Town of Firestone has its own bonding authority under various
provisions of Title 31, C.R.S.
1
WHEREAS, the Town's water activity enterprise receives under
ten percent of its annual revenue in grants from all Colorado state
and local governments combined; and
WHEREAS, the Board bf Trustees considers it to be in the best
interests of the Town that the Town's water activity enterprise be
designated as an enterprise.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Definitions. As used in this ordinance,
unless the context otherwise requires:
(a) "Grant" means the cash payment of public funds made
directly to a municipal activity enterprise by the state or a local
governmental entity or district, including the Town of Firestone,
which cash payment is not required to be repaid. "Grant" does not
include public funds paid or advanced to a municipal activity
enterprise by the state or local governmental entity or district,
including the Town of Firestone, in exchange for an agreement by a
municipal activity enterprise to provide service including the
provision of water, the capacity of project works, materials, or
other water activities; nor does "grant" include refunds made in
the current or next fiscal year, gifts, any payments directly or
indirectly from federal funds or earnings on federal funds,
collections from another government, pension contributions by
employees and pension fund earnings, reserve transfers or
expenditures, damage awards, or property sales.
(b) "Water activity" shall be defined as set out in C.R.S.
§37-45.1-102.
(c) "Water Activity Enterprise" means that water activity
business wholly owned by the Town of Firestone which receives under
ten percent of its annual revenues in grants from all Colorado
state and local governments combined and which is authorized to
issue its own revenue bonds pursuant to this ordinance or any other
applicable law.
section 2. Establishment of Enterprise. There is hereby
recognized, established and designated "Town of Firestone Water
Activity Enterprise (the "Enterprise"). The Enterprise shall
consist of the business represented by all of the Town's water and
sewer facilities and properties, now owned or hereafter acquired,
whether situated within or without the Town boundaries, including
all present or future improvements, extensions, enlargements,
betterment, replacements, or additions thereof or thereto. The
Enterprise shall have all of the authority, powers, rights,
obligations, and duties as may be provided or permitted by the laws
of the State, and the Colorado Constitution, and as may be further
prescribed by ordinance or resolution of the Town.
2
The Enterprise shall continue to be a wholly owned business of
the Town of Firestone and shall not be combined with any municipal
activity enterprise owned by another district. The Enterprise may
continue to conduct the activities and provide the services as
provided for in the ordinances of the Town and the regulations
adopted pursuant thereto. This paragraph .shall not limit the
authority of the Enterprise to contract with any other person or
entity, including other districts or enterprises.
Section 3. Governing Body. The governing body of the
Enterprise (the "governing body") shall be the Town Board of
Trustees of the Town, and shall be subject to all of the applicable
laws, rules, and regulations pertaining the Town Board. Whenever
the Town Board is in session, the governing body shall also be
deemed to be in session. It shall not be necessary for the
governing body to meet separately from the regular and special
meetings of the Town Board, nor shall it be necessary for the
governing body to specifically announce or acknowledge that actions
taken thereby are taken by the governing body of the Enterprise.
The governing body may conduct its affairs in the same manner and
subject to the same laws which apply to the Town Board for the same
or similar matters; provided that in accordance with §37-45.1-
104(2), C.R.S., the governing body may authorize the issuance of
bonds by adoption of a resolution.
The governing body of the Enterprise may exercise the Town's
legal authority relating to water activities, but no enterprise may
levy a tax which is subject to Section 20(4) of Article X of the
Colorado Constitution.
section 4. Maintenance of Enterprise Status. The
Enterprise shall at all times and in all ways conduct its affairs
so as to continue to qualify as a "water activity enterprise" as
defined in §35-45.1-102, C.R.S., and as an "enterprise" as defined
in Article X, Section 20, Colorado Constitution. Specifically, but
not by way of limitation, the Enterprise is not authorized, and
shall not receive 10% or more of its annual revenue in grants from
all Colorado state and local governments combined.
Section 5. Issuance of Bonds. The Enterprise maintained
pursuant to this ordinance, through the Board of Trustees of the
Town of Firestone, may issue or reissue revenue bonds, notes, or
other obligations payable solely from the revenues derived or to be
derived from the functions, services, benefits, or facilities of
the Enterprise or from any other available funds of the Enterprise,
in accordance with and through provisions of C.R.S. §37-45.1-104,
provided however, the powers provided in said section shall not
modify, limit, or affect the powers conferred by any other law
either directly or indirectly.
Section 6. If any article, section, paragraph, sentence,
clause or phrase of this ordinance is held to be unconstitutional
3
ORDINANCE NO. Ji(
AN ORDINANCE AMENDING SECTION 8.-12.050 OF THE FIRESTONE MUNICIPAL
CODE RELATING TO UNIFORM SERVICE CHARGES FOR THE COLLECTION OF
GARBAGE AND REFUSE. .
WHEREAS, the Board of Trustees has determined that certain
amendments to chapter 8.12 of the Firestone Municipal Code are
necessary and desirable;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FIRESTONE, COLORADO, THAT:
Section 1. Section 8.12.050 relating to service charges for
the collection of garbage and refuse is hereby amended to change
the monthly charge as follows:
8.12.050 Uniform service charge. There is imposed as a
uniform service charge, for collection of garbage and refuse,
the sum of ten'dollars and eighty fiv~ cents ($10.85), such
sum to be added to each monthly water bill issued by the town.
Section 2. Safety Clause. The Town Board of Trustees hereby
finds, determines, and declares that this ordtnance is promulgated
under the general police power of the Town of Firestone, that it is
promulgated for the health, safety, and welfare of the public, and
that this ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare.
The Board of Trustees further·determines that the ordinance bears
a rational relation to the proper legislative object sought to be
attained.
Section 3. Severability. If any clause, sentence, paragraph,
· or part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a ·court of
competent jurisdiction invalid, such judgment shall not affect
application to other persons or circumstances.
-1-
.-... ,
c• ,.~ "·. ~ .. ~,
Section 4. Effective Date. This ordinance shall become
effective January 1, 1994.
INTRODUCED, READ IN FULL, ADOPTED AND ORDERED PUBLISHED ONCE IN
FULL this 9th day bf December, 1993.
ATTEST:
T.L. Peterson
Town Clerk
TQWN OF FIRESTONE, COLORADO
· Rick Patterson
· Mayor
-2-
• ORDINANCE NO. 299
TOWN OF FIRESTONE, COLORADO •
AN ORDINANCE 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 1994 BUDGET YEAR.
WHEREAS, THE BOARD OF TRUSTEES HAS ADOPTED THE ANNUAL BUDGET IN ACCORDANCE
WITH THE LOCAL GOVERNMENT BUDGET LAW, ON DECEMBER 9, 1993, AND;
WHEREAS, THE BOARD OF TRUSTEES'HAS MADE PROVISION tHEREIN FOR REVENUES IN
AN AMOUNT EQUAL TO THE TOTAL PROPOSED EXPENDITURES AS SET FORTH IN SAID
BUDGET, AND;
WHEREAS, IT IS REQUIRED BY LAW THAT THE REVENUES AND EXPENDITURES COMPLY
WITH AMENDMENT 1, ADOPTED B~ THE VOTERS OF THE STATE OF COLORADO ON
NOVEMBER 3, 1992, AND
WHEREAS, IT IS NOT ONLY 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 ORDAINED 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, TO EACH FUND, FOR THE PURPOSES STATED:
GENERAL FUND
TOTAL GENERAL FUND $240,701
P!\RK FUND
TOTAL PARK FUND $ 1,060
CONSERVATION TRUST FUND
TOTAL CONSERVATION TRUST FUND $ 3,SOQ
STREET AND HIGHWAY FUND
. TOTAL STREET AND HIGHWAY FUND $ 62,332
WATER FUND
TOTAL WATER FUND $235, 851-1
APPROVED, ADOPTED, SIGNED, AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
OF THE TOWN OF FIRESTONE, COLORADO, THIS NINTH DAY OF DECEMBER, 1993.
TOWN OF FIRESTONE, COLORADO
MAYOR
ATTEST:
TOWN CLERK
-27-
ORDINANCE NO. ,)'?"7
AN ORDINANCE AMENDING THE GENERAL PENALTY PROVISIONS OF THE
FIRESTONE MUNICIPAL CODE AND DECLARING AN EMERGENCY
WHEREAS, the Board of Trustees wishes to amend the general
penalty provision of the Firestone Municipal Code to uniform to the
maximum penalties allowed by law; and
WHEREAS, the Board of Trustees declares that an emergency
exists because of the urgent need to make such amendments;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
section 1. Chapter 1.16.010 of the Firestone Municipal Code
is amended to read as follows:
A. No person shall violate any of the provisions of the
ordinances of the town. Except in cases where a
different punishment is prescribed by any ordinance of
the town, any person who shall violate any of the
provisions of the ordinancesr of the town shall be
punished by a fine of not more than thFee huRaFea NINE
HUNDRED NINETY-NINE DOLLARS ($999. 00), or by imprisonment
not to exceed RiRety aays ONE (1) YEAR, or both such fine
and imprisonment. ·
Section 2. If any article, section, paragraph, sentence,
clause, or phrase of this ordinance is held to be unconstitutional
or invalid for any reason, such decision shall not affect the
validity or constitutionality of the remaining portions of this
ordinance. The City Council hereby declares that it would have
passed this ordinance and each part or parts hereof irrespective of
the fact that any one part or parts be declared unconstitu,tional or
invalid.
section 3. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
conflict.
section 4. The repeal or modification of any provision of the
Municipal Code of the Town of Firestone by this ordinance shall not
release, extinguish, alter, modify, or change in whole or in part
any penalty, forfeiture, or liability, either civil or criminal,
which shall have been incurred under such provision, and each
provision shall be treated and held as still remaining in force for
the purpose of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty,
forfeiture, or liability, as well as for the purpose of sustaining
1
..
any judgement, decree,
entered, or made in
prosecutions.
or order which can or may be rendered,
such actions, suits, proceedings, or
Section 5. The Board of Trustees herewith finds,
determines and declares that this ordinance is necessary to the
preservation and protection of the. public health, welfare and
safety. This ordinance shall be effective upon adoption and
approval by the Mayor.
INTRODUCED, READ,
FULL this Leday of
Attest:
Trudy Peterson
Town Clerk
ADOPTED, APPROVED, AND ORDERED PUBLISHED IN <Z-7 I 1994. ~
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
072294/1337Cdkmlc:fireston\penalty.ord
2
ORDINANCE NO . .,J/),1)
AN ORDINANCE CONCERNING THE OFFENSE OF DISORDERLY CONDUCT AND
DECLARING AN EMERGENCY
WHEREAS, the offense of disorderly conduct creates significant
law enforcement problems in the Town; and
WHEREAS, the Board of Trustees wishes to revise and update the
Town's disorderly conduct ordinance to provide valid provisions
consistent with state law; and
WHEREAS, the Board of Trustees declares that an emergency
exists because certain forms of disorderly conduct cannot be
properly addressed in the absence of a valid ordinance provision.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Section 9 .16. 010 A. 1. and the introductory
paragraph to Section 9.16.010 of the Firestone Municipal Code are
amended to read as fo.llows (words to be deleted are stricken
through; words to be added appear in capital letters):
9.16.010 Disorderly Conduct. A. IT SHALL BE
UNLAWFUL TO COMMIT DISORDERLY CONDUCT. A person commits
disorderly· conduct if. he THE PERSON intentionally,
knowingly, or·recklessly:
1. Makes aft eeseeRe A COARSE AND OBVIOUSLY
OFFENSIVE ut,terance, gesture· or display IN A PUBLIC PLACE
AND THE UTTERANCE, GESTURE OR DISPLAY TENDS TO INCITE AN
IMMEDIATE BREACH OF THE PEACE; or
Section 2. If any article, section, paragraph, sentence,
clause or phrase of this ordinance is held to be unconstitutional
or invalid for any reason, such decision shall not affect the
validity or constitutionality of the remaining portions of this
ordinance. The Board of Trustees hereby declares that it would have
passed this ordinance and each part or parts hereof irrespective of
the fact that any one part or parts be declared unconstitutional or
invalid.
Section 3. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
conflict.
1
Section 4. The repeal or modification of any provision of the
Municipal Code of the Town of Firestone by this ordinance shall not
release, extinguish, alter, modify, or change in whole or in part
any penalty, forfeiture, or liability, either .civil or criminal,
which shall have been incurred under such provision, and each
provision shall be treated and held as still remaining in force for
the purpose of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty,
forfeiture, or liability, as well as for the purpose of sustaining
any judgement, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or
prosecutions.
Sections. The Board of Trustees herewith finds, determines
and declares that this .ordinance is necessary to the immediate
preservation and protection of the public health, welfare and
safety. This ordinance shall be. effective upon adoption and
approval by the Mayor.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this ~day of-~~~~~~·~~~------' 1994.
/ (l''
Attest:
Town Clerk
072294/1336(dkmJc:firstone\disorder.ord
2
TOWN OF FIRESTONE, COLORADO
Rick. Patterson
Mayor
ORDINANCE NO. S,f/
AN ORDINANCE AMENDING THE HARASSMENT ORDINANCE AND DECLARING' AN
EMERGENCY
WHEREAS, the offense of harassment creates significant law
enforcement problems in the Town; and
WHEREAS, the current Town harassment ordinance fails to
address several forms of harassment as set forth in state law; and
WHEREAS, portions of the state harassment law, C.R.S. §18-9-
111(1) (g), have recently been held unconstitutional by the Colorado
Supreme Court; and
WHEREAS, the language of a portion of the Town's harassment
ordinance is based upon said state harassment law and therefore is
subject to the same constitutional infirmity; and
WHEREAS, the Board of Trustees wishes to revise the Town's
harassment ordinance; and
WHEREAS, it is the Board of Trustee's intent that Sec. 9-16-
040.A.6, shall apply in circumstances where communicative
harassment occurs in a manner that intrudes into areas where an
individual has a legitimate expectation of privacy; and
WHEREAS, the Board of Trustees declares that an emergency
exists because harassment cannot be properly addressed in the
absence of a valid ordinance provision.
NOW, THEREFORE, BE IT ORDAINED.BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO: .
section 1. Section 9.16.040 A. of the Firestone Municipal
Code . is amended to read as• follow.s (words to be deleted are
stricken through; words to be added appear in capital letters):
9.16.040 Harassment. A. IT SHALL BE UNLAWFUL
TO COMMIT HARASSMENT. A person commits the offense of
harassment if, with the intent to harass, annoy or al~rm
another person, he THE PERSON:
, 1. Strikes, shoves, kicks or otherwise
touches a person or subjects him to physical contact; or
1
2. In a public place directs obscene language
or makes an obscene gesture to or at another person and
the obscene language or obscene gesture tends to incite
an immediate breach of the peace; or
3. Follows a person in or about a public
place; or
4. EnEJages iR eoneluet er repea'Eedly eemmits
aet □ :that ala:Fift BF seFieHsly anRey another person aftel
that seFve flO legitimate pliFpese. INITIATES.
COMMUNICATIONS WITH A PERSON, ANONYMOUSLY OR OTHERWISE BY
TELEPHONE, IN A MANNER INTENDED TO HARASS OR THREATEN
BODILY INJURY OR PROPERTY DAMAGE, OR MAKES ANY COMMENT,
REQUEST, SUGGESTION, OR PROPOSAL BY TELEPHONE WHICH IS
OBSCENE; OR
5. MAKES
TELEPHONE TO RING
CONVERSATION ENSUES,
CONVERSATION; OR
A TELEPHONE CALL OR CAUSES A
REPEATEDLY, WHETHER OR NOT A
WITH NO PURPOSE OF LEGITIMATE
6. MAKES REPEATED COMMUNICATIONS AT
INCONVENIENT HOURS THAT INVADE THE PRIVACY OF ANOTHER AND
INTERFERE IN THE USE AND ENJOYMENT OF ANOTHER'S HOME OR
PRIVATE RESIDENCE OR OTHER PRIVATE PROPERTY; OR • •
7. . IN A MANNER LIKELY TO PROVOKE A VIOLENT OR
DISORDERLY RESPONSE, MAKES COMMUNICATIONS IN OFFENSIVELY
COURSE LANGUAGE, OR THREATENS BODILY INJURY OR PROPERTY
DAMAGE TO THE PERSON OR PROPERTY OF ANOTHER.
'
Section1 2. If any article, section, paragraph, sentence,
clause or phrase of this ordinance is held to be unconstitutional
or invalid for any reason, such decision shall not affect the
validity or constitutionality of the remaining portions of this
ordinance. The Board of Trustees hereby declares that it would have
passed this ordinance and each part or parts hereof irrespective of
the fact that any one part or parts be declared unconstitutional or
invalid.
Section 3. All other ordinances or portions thereof
inconsistent or conflicting with this. ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
conflict.
Section 4. The repeal or modification of any provision of the
Municipal Code of the Town of Firestone by this ordinance shall not
release, extinguish, alter, modify, or change in whole or in part
any penalty, forfeiture, or liability, either civil or criminal,
which shall have been incurred under such provision, and each
2
•
provision shall be treated and held as still remaining in force for
the purpose of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty,
forfeiture, or liability, as well as for·the purpose of sustaining
any judgement, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or
prosecutions.
sections. The Board of Trustees herewith finds, determines
and declares that this ordinance is necessary to the immediate
preservation and protection of the public health, welfare and
safety. This ordinance shall be effective upon adoption and
approval by the Mayor. ·
Attest:
TdyPete:rson
Town Clerk
072294/1337[dkm]c:firestone\harassmt.ord
3
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
r
ORDINANCE NO.
AN ORDINANCE AMENDING OFFENSE PROVISIONS RELATED TO DRUG
PARAPHERNALIA AND DECLARING AN EMERGENCY
WHEREAS, the Board of Trustees wishes to conform its ordinance
provisions pertaining to paraphernalia offenses to the counterpart
state statutes; and
WHEREAS, the Board of Trustees declares that an emergency
exists because of the urgent need to make such conforming changes;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
section 1. Chapter Section 9. 32 of the Firestone Municipal
Code is amended by the addition of the following new Sections
9.32.070, 9.32.090 and 9.32.110 to read as follows:
9.32.070 Manufacture. sale or delivery of drug
paraphernalia. It shall be unlawful for any person to
sell or deliver, possess with intent to sell or deliver,
or manufacture with intent to sell or deliver equipment,
products, or materials knowing, or under circumstances
where one reasonably should know, that such equipment,
products, or materials could be used as drug
paraphernalia. A violation of this section is a petty
offense.·
9.32.090 Advertisement of drug paraphernalia. It
shall be unlawful for any person to place an
advertisement in any newspaper, magazine, handbill, or
other publication and who intends thereby to promote the
sale in the Town of Firestone of equipment, products, or
materials designed and intended for use as drug
paraphernalia. A violation of this section is a petty
offense.
9.32 .. 110 Defenses. The common law defense known as
the "Procuring Agent Defense" is not a defense to any
offense in this Chapter 9.32.
Section 2. If any article, section, paragraph, sentence,
clause, or phrase of this ordinance is held to be unconstitutional
or invalid for any reason, such decision shall not affect the
validity or constitutionality of the remaining portions of this
ordinance. The City Council hereby dec.lares that it would have
1
passed this ordinance and each part or parts hereof irrespective of
the fact that any one part or parts be declared unconstitutional or
invalid.
Section 3. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
conflict.
Section 4. The repeal or modification of any provision of the
Municipal Code of the Town of Firestone by this ordinance shall not
release, extinguish, alter, modify, or change in whole or in part
any penalty, forfeiture, or liability, either civil or criminal,
which shall have been incurred under such provision, and each
provision shall be treated and held as still remaining in force for
the purpose of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty,
forfeiture, or liability, as well as for the purpose of sustaining
any judgement, decree, or or4er which can or may be rendered,
entered, or made in such actions, suits, proceedings, or
prosecutions.
Section s. The Board of Trustees herewith finds,
determines and declares that this ordinance is necessary to the
preservation and protection of the public health, welfare and
safety. This ordinance shall be effective upon adoption and
approval by the Mayor.
INTRODJJgl), READ, ~DPT D, APPROVED, AND ORDERED PUBLISHED IN
FULL this~day of ----"=-=a.-------' 1994.
r7
Attest:
~~~~-
( ~erson
Town Clerk
072294/1337[dkmlc:fireston\drugpara.ord
2
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
ORDINANCE NO.
AN ORDINANCE TO APPLY AND CONTRACT FOR BENEFICIAL USE OF
WATER ON BEHALF OF THE TOWN OF FIRESTONE, A MUNICIPAL
CORPORATION, AND PRESCRIBING THE TERMS FOR APPLICATION
FOR AN ALLOCATION OF THE RIGHT TO USE COLORADO-BIG
T~OMPSON PROJECT WATER TO SAID TOWN OF FIRESTONE BY
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
WHEREAS, under the Water Conservancy Act of Colorado, Title
37, Article 45, Colorado Revised Statutes of 1973, it is necessary
that the Board of Trustees of the Town of Firestone, a Colorado
municipal corporation (hereinafter called "Applicant"), in order to
obtain the perpetual right to use Colorado-Big Thompson Project
water on an annually renewable basis under C.R.S. 37-45-131 within
the boundaries of the Northern Colorad Water Conservancy District
by contract for the beneficial us of ater from Northern Colorado
_Water Conservancy District, shal y o dinance uthorize and direct
the Mayor to apply to the Board f irectors o said District for
such water contract.
NOW, THERE ORE,
TOWN OF FIRESTO , COLORA
Section 1. ees has determined to apply
for a contract p for the b n 'cial use of seven (7) acre-·
feet of water f m thern !f a o :Water Conservancy District
within the bound i oft e hern Colorado Water Conservancy
District.
Section 2. That the Mayor be and is hereby authorized and
directed to apply to the card of Directors of said Northern
Colorado Water Conservancy District for a contract providing to the
Applicant the beneficial use of water upon terms prescribed by said
Board in the manner and form as in this section provided, to-wit:
APPLICATION TO
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
FOR ANNUALLY RENEWABLE
PERPETUAL WATER CONTRACT FOR RIGHT TO USE
COLORADO-BIG THOMPSON PROJECT WATER
UNDER C.R.S. 37-45-131
Applicant, the Board of Trustees of the Town of Firestone, the
governing body of a Colorado municipal corporation acting in its
governmental capacity or as governing body of a water activity
enterprise (circle capacity in which governing body is acting),
hereby applies ,to Northern Colorado Conservancy District, a
political subdivision of the State of Colorado, · organized and
existing by virtue of -Title 37, Article 45, Colorado Revised
1
Statutes, 1973, for a contract for the right to beneficially use
Colorado-Big Thompson Project water under the following terms and
conditions:
1. The quantity of water herein requested by Applicant for
annual application to beneficial use is seven (7) acre-feet to be
used so long as the Applicant fully complies with all of the terms,
conditions, and obligations hereinafter set forth.
2. It is understood and agreed by the Applicant that any
water provided for use under this contract by the Board of
Directors of said District shall be primarily for domestic,
irrigation, or industrial use within or through facilities or upon
lands owned or served by said Applicant, provided however, that all
lands, facilities, and serviced areas which receive benefit from
the use of water (whether water service is provided by direct
delivery, by exchange, or otherwise) shall be situated within the
boundaries of Northern Colorado Water Conservancy District.
3. Applicant agrees that an acre-foot of water as referred
to herein is defined as being one-three-hundred-ten-thousandth
(1/310,000) of the quantity of water annually declared by the Board
of Directors of the District to be available for delivery from the
water supplies of the District. Applicant agrees that such water
shall be delivered from the works of the District at such existing
District delivery point or points as may be specified by the
Applicant and that the water delivery obligation of the District
shall terminate upon release of water from said works. Further,
the Applicant agrees that on November 1 of each year, any water
undelivered from the annual quantity made available to the
Applicant shall revert to the water supplies of the District.
4. Applicant agrees to pay annually in advance for the
amount of water herein provided for use under this contract by the
Board of Directors of said District at a price per acre-foot to be
fixed annually by said Board; and, further, agrees that the initial
annual payment shal 1 be made, in full, within fifteen ( 15) days
after the date of notice from the District that the initial payment
is due hereunder. Said notice will advise the Applicant, among
other things, of the water year to which the initial payment shall
apply and the price per acre-foot which is applicable to that year.
Annual payments for each water year thereafter shall be made in
advance by the Applicant on or before each October 1, 31 days prior
to the start of the water year, at the rate acre-foot established
by the Board for municipal year is defined to be from November l to
October 31 of the following year.
If an annual payment, as herein provided, is not made by due
date, written notice thereof, by certified mail, will be given by
said District to the Applicant at the following address: Town of
Firestone, Box 100 -150 Buchanan, Firestone, CO 80520.
2
Water deliveries shall be suspended as of November 1 of the
new water year until payment of the delinquency is made. If
payment is not made within ninety (90) days after the date of
mailing of said written notice, Applicant shall have no further
right, title or interest under this contract; and the right of use
of water, as herein made, shall be disposed of at the discretion of
the Board of Directors of said District in accordance with the
applicable provisions of C.R.S. Sections 37-45-132 and 7-42-104.
Any proceeds from any sale of the right of use to another allottee
shall be paid to Applicant over and above the District's actual
expense in terminating and disposing of the contract right of use.
5. This right of use shall be perpetual on an annually
renewable basis. If the annual payment is made as provided in this
application, the right of use shall be automatically renewed
another water year without any further action of the District; if
the annual payment is not timely made, as provided above, the right
of use shall terminate.
6. Applicant agrees that the water allocation shall be
beneficially used for the purposes and in the manner specified
herein, and that this right of use is made for the exclusive
benefit of the Applicant and shall not inure to the benefit of any
successors or assigns of said Applicant without prior specific
approval of the Board of Directors of said District.
7. Applicant agrees to be bound by the provisions of the
Water Conservancy Act of Colorado; by Section 37-45~131; by the
Rules and Regulations and policies of the Board of Directors of
said District; and by the Repayment Contract of July 5, 1938,
between s.aid District and the United States and all amendment
thereof and supplements thereto.
8. Applicant agrees, as a condition of this contract, to
enter into an "Operating Agreement" with said District if and when
the Board of said District finds and determines that such an
agreement is required by reason of additional or special services
requested by the Applicant and provided by the District. Said
agreement may contain, but not be limited to, provision for water
delivery at times or by means not provided within the terms of
standard contracts of the District; additional annual monetary
consideration for extension of District delivery services and for
additional administration, operation, and maintenance costs; or for
other costs to the District which may arise through provision of
services to the Applicant.
Section 3. In the opinion of the Boaid of Trustees of the
Town of Firestone, Colorado, acquisition of this annually renewable
perpetual right of use water contract for Colorado-Big Thompson
Project water from Northern Colorado Water Conservancy District and
the right to the beneficial use of water thereunder by said Town of
Firestone is necessary; that the continued acquisition and use of
this water supply is essential for the well-being of the community
and for the preservation of the public peace, health, and safety;
and that the adequate protection of the health of the inhabitants
of the community requires an immediate increase in Applicant's
water supply. It is, therefore, declared that an emergency exists;
that this ordinance shall take effect as an emergency measure and
that it shall be published in the manner and shall take effect as
provided by the statutes of the State of Colorado or charter of the
Applicant.
INTRODUC)::D, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this ,.lj'/'.-day of #/c:&/<v , 1994.
Attest:,,
c_..••f'':,_J
,··· 9:;~
<:' L-" ~,,w_,,./
Trudy Peterson
Town Clerk
TOWN OF· FIRESTONE, COLORADO
Rick Patterson
Mayor
ORDER ON APPLICATION
Application having been made by or on behalf of all parties
interested in this allocation of the right to use Colorado-Big
Thompson Project water and after a hearing by the Board, it is
hereby ORDERED that the above application be granted and an
allotment contract for ______ the beneficial uses set forth in
said application upon the terms, conditions, and manner of payment
as therein specified.
NORTHERN COLORADO WATER
CONSERVANCY DISTRICT
By: ______________ _
President
I hereby certify that the above Order was entered by the
Directors of Northern Colorado Water Conservancy District on the
day of _________ 19
ATTEST:
Acting Secretary
101494/1450[dkm]c:fireston\bigthomp.ord
4
•
APPLICATION FOR RELEASE OF CLASS B ALLOTMENT CONTRACT
FOR TRANSFER TO
SECTION 131 ANNUALLY RENEWABLE WATER CONTRACT
The undersigned applicant, BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, the governing body of a Colorado municipal corporation,
presently holds a Class B Allotment Contract of seven (7) acre-foot
units of Colorado Big Thompson Project water dated 1/-/~' 0 ,<5'
The release of this Class B Allotment
Annually Renewable Perpetual Water
approval by the Board of directors of
Conservancy District.
Contract to the Section 131
Contract will occur upon
the Northern Colorado Water
ATTEST:
(SEAL)
TOWN OF FIRESTONE, COLORADO
By : ---'-~---,--,---,<-L,--· ':2-,-~-,----"··;;,,-::...;_·-....,.-~---
Ri ck Patterson, Mayor
ORDER ON APPLICATION
Application having been made by the duly authorized officers of the
Town of Firestone, Colorado, and after hearing by the Board of
Directors of the Northern Colorado Water Conservancy District, it
is hereby ORDERED that the above application be granted and the
Class B Allotment Contract is hereby released and transferred to
the attached Section 131 Annually Renewable Perpetual Water
Contract.
ATTEST:
Secretary
DATED:,
NORTHERN COLORADO WATER
CONSERVANCY DISTRICT
By:-----~--------President
10149LJ.1449[dkmJc:fireston\ncwcd131.rls
ORDINANCE NO. 0,£/f
AN ORDINANCE AMENDING SECTION 6.12.020 OF THE FIRESTONE
MUNICIPAL CODE CONCERNING ANIMAL DISTURBANCES.
WHEREAS, the Board of Trustees had determined that it is
necessary for the health, safety and welfare of the citizens of the
Town of Firestone to amend Section 6 .12. 020 of the Firestone
Municipal Code to provide for effective regulation of animal noise
disturbances.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
section 1. Section 6.12.020 of the Firestone Municipal
code is amended to read .as follows (words to be deleted are
stricken through; words to be added are capitalized):
6.12.020 Barking. howling and noise disturbances.
A, He pcrseA owfliflg: e:r lEecf)iRg any animal shall
fail te prevent sueh animal frem aisturbing the peaee ef
any other person by leuei aRB: 13crsisteflt OF loud and
haSitaal BaFltinfJ, howling:, yelping, SrayiRg, , .. 'tftiRRyiRg:,
erewing, ealling er malting any ether leua ana persistent
er loud ana habitual aoise, whether the aAimal is en er
eff the e~mer's er lteeper's premises. IT IS UNLAWFUL
FOR ANY ANIMAL OWNER OR FOR ANY PERSON HARBORING OR
KEEPING ANY ANIMAL IN THE TOWN TO PERMIT THE ANIMAL TO
DISTURB THE PEACE AND QUIET OF ANY PERSON OR NEIGHBORHOOD
BY BARKING, WHINING, FIGHTING, HOWLING, YELPING, CRYING
OR BY MAKING ANY OTHER NOISE IN AN EXCESSIVE, CONTINUOUS,
PERSISTENT, FREQUENT, HABITUAL OR UNTIMELY MANNER.
B. Ne perseR shall Be ehal"«JCei with 11iolatiflg this
section UAless a W:Eittefl waFAiRg was fJiveR to the person
Sy aR ageat er e~leyee of the town within twelve.months
pFeeeEiifHJ the first elate allegeEi as a elate of violation
in the eemplaint, Sueft r*tarniRg is sa.ffieient if-it
recites subsection A of this seetien and states that a
eemplaint has Been received that an animal of w-bieh the
e1efeRe1aR£ is aR ewReF eF keeper is elistu:t:=BintJ the peaee
· a· ·a 1 · · · a th' ef aR lR lVl aa . A uarRlRf:J 19 fJlVCn \iR eris
suBseet:ioR if it: is perseRally rJiveR to the perseR ewHiRg
er ]eeepiHg the aHimal er if it is maileB first elaos te
s1:1eh persofl. '!'he te\1.lR eler]e shall Jeee:p all reeoF8:s ef
all warRinEJs ~iveR, aREi. SH.eh reeorels . aFe l,lFima faeie
e,,..,:iBeRee that sHeh warHiRfJS were givefl,
e. Ne peFS0R shall Se COfl'lieteel at tFial of
violatiREJ this seetioA ttRless two OF more witResses
testify to the leH:d aRd peFsisteflt er lettd aRd haBitHal
1
Rature ef the Reise, OF URless there is ether evieleRee
eoFFoBeratinCJ the testimeny ef a sin(Jle ,1.ritness en this
elemeftt.
B, ~he previsiens of suSseetiens B anel G of this
seetiefl elo flat apply whefl the aRimal is a eat ana it is
pre1JeR f.leyeft8 a reasoftaf.lle aouf.lt that the eat was off the
13Femises of its owRer er Jteef)er at tfte time ef the
elisturf.laRee.
Section 2. The repeal or modification of any prov1s1on of
the Firestone Municipal Code by this ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any
penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision
shall be treated and held as still remaining in force for the
purpose of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty,
forfeiture, or liability, as well as for the purpose of sustaining
any judgement, decree, or order which can_ or may be rendered,
entered, or made in such actions, suits, proceedings, or
prosecutions.
Section 3. If any article, section, paragraph, sentence,
clause or phrase of this ordinance is held to be unconstitutional
or invalid for any reason, such decision shall not affect the
validity or constitutionality of the remaining portions of this
ordinance. The Board of Trustees hereby declares that it would have
passed this ordinance and each part or parts hereof irrespective of
the fact that any one part or parts be declared unconstitutional or
invalid.
section 4. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
conflict.
section s. This ordinance is deemed necessary for the
protection of the health, welfare and safety of the community.
INTRODUCED, READ, AD~T~D., APPROVED, AND ORDERED PUBLISHED IN
FULL this .i:i!!day of .#'//7;&,~ , 1994. ,_
TOWN OF FIRESTONE, COLORADO
Rick Patterson, Mayor
~ Trudy Peterson, Town Clerk 101494/1445[dkmlc:fireston\dogbark.ord
2
ORDINANCE NO . .:f,tJ,d-
TOWN OF FIRESTONE, COLORADO
AN ORDINANCE 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 1995 BUDGET YEAR.
WHEREAS, the Board of Trustees has adopted the annual budget in accordance
with the Local Government Budget Law, on December 8, 1994, and;
WHEREAS, the Board of Trustees has made provision therein for revenues in
an amount equal to the total proposed expenditures as set forth in said
budget, and;
WHEREAS, it is required by law that the revenues and expenditures comply
with Amendment 1, adopted by the voters of the State of Colorado on
November 3, 1992, and
WHEREAS, it is not only 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 ORDAINED 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, to each fund, for the purposes stated:
General Fund
Total General Fund $281,506
Park Fund
Total Park Fund $ 1,150
Conservation Trust Fund
Total Conservation Trust Fund $ 5,000
Street and Highway Fund
Total Street and Highway Fund $ 92,681
Water Fund
Total Water Fund $311,587
APPROVED, ADOPTED, SIGNED, AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
OF THE TOWN OF FIRESTONE, COLORADO, THIS EIGHTH DAY OF DECEMBER, 1994.
TOWN OF FIRESTONE, COLORADO
Mayor
ATTEST:
~d!t ;=~c~L...--:!~-----Town Clerk -28-
ORDINANCE NO. ~~
AN ORDINANCE AMENDING SECTION 8.12.050 OF THE FIRESTONE MUNICIPAL
CODE RELATING TO UNIFORM SERVICE CHARGES FOR THE COLLECTION OF
GARBAGE AND REFUSE.
WHEREAS, the Board of Trustees has determined that certain
amendments to Chapter 8 .12 of the Firestone Municipal Code are
necessary and desirable;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FIRESTONE, COLORADO, THAT:
Section 1. Section 8.12.050 relating to service charges for
the collection of garbage and refuse is hereby amended to change
the monthly charge as follows:
8 .12. 050 Uniform service charge. There is imposed as a
uniform service charge, for collection of garbage and refuse,
the sum of twelve dollars and eighty five cents ($12.85), such
sum to be added to each monthly water bill issued by the town.
Section 2. Safety Clause. The Town Board of Trustees hereby
finds, determines, and declares that this ordinance is promulgated
under the general police power of the Town of Firestone, that it is
promulgated for the health, safety, and welfare of the public, and
that this ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare.
The Board of Trustees further determines that the ordinance bears
a rational relation to the proper legislative object sought to be
attained.
Section 3. Severability. If any clause, sentence, paragraph,
or part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgement shall not affect
application to other persons or circumstances.
Section 4. Effective Date.
effective January 1, 1995.
This ordinance shall become
INTRODUCED, READ IN FULL, ADOPTED AND ORDERED PUBLISHED ONCE IN
FULL this 8th day of December, 1994.
TOWN OF FIRESTONE, COLORADO
ATTEST:
Rick Patterson, Mayor
ORDINANCE NO. ,$,t?7
AN ORDINANCE TO APPLY AND CONTRACT FOR BENEFICIAL USE OF
WATER ON BEHALF OF THE TOWN OF FIRESTONE, A MUNICIPAL.
CORPORATION, AND PRESCRIBING THE TERMS FOR APPLICATION
FOR AN ALLOCATION OF THE RIGHT TO USE COLORADO-BIG
THOMPSON PROJECT WATER TO SAID TOWN OF FIRESTONE BY
NORTHERN COLORADO WATER CONSERVANCY DISTRICT AND
DECLARING AN EMERGENCY
WHEREAS, under the Water Conservancy Act of Colorado, Title
37, Article 45, Colorado Revised Statutes of 1973, it is necessary
that the Board of Trustees of the Town of Firestone, a Colorado
municipal corporation (hereinafter called "Applicant"), in order to
obtain the perpetual right to use Colorado-Big Thompson Project
water on an annually renewable basis under C.R.S. 37-45-131 within
the boundaries of the Northern Colorado Water Conservancy District
by contract for the beneficial use of water from Northern Colorado
water Conservancy District, shall by ordinance authorize and direct
the Mayor to apply to the Board of Directors of said District for
such water contract.
NOW, THEREFORE, BE I.T ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
section 1. That the Board of Trustees has determined to apply
for a contract providing for the beneficial use of seven (7) acre-
feet of water from Northern Colorado Water Conservancy District
within the boundaries of the Northern Colorado Water Conservancy
District.
section 2. That the Mayor be and is hereby authorized and
directed to apply to the Board of Directors of said Northern
Colorado Water Conservancy District for a contract providing to the
Applicant the beneficial use of water upon terms prescribed by said
Board in the manner and form as in this section provided, to-wit:
APPLICATION TO
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
FOR ANNUALLY RENEWABLE
PERPETUAL WATER CONTRACT FOR RIGHT TO USE
COLORADO-BIG THOMPSON PROJECT WATER
UNDER C.R.S. 37-45-131
Applicant the Board of Trustees of the Town of Firestone./the
governing body of a Colorado mnnj c ...o a 1.on ac Tn it
\_ governmental capacit~ as governing body of a water activity
enterpi'fse-·-(cfirc::1:e·-capacity in which governing body is acting),
hereby applies to Northern Colorado Conservancy District, a
political subdivision of the State of Colorado, organized and
existing by virtue of Title 37, Article 45, Colorado Revised
Statutes, 1973, for a contract for the right to beneficially use
1
Colorado-Big Thompson Project water under the following terms and
conditions:
1. The quantity of water herein requested by Applicant for
annual application to beneficial use is seven (7) acre-feet to be
used so long as· the Applicant fully complies with all of the terms,
conditions, and obligations hereinafter set forth.
2. It is understood and agreed by the Applicant that any
water provided for use under this contract by the Board of
Directors of said District shall be primarily for domestic,
irrigation, or industrial use within or through facilities or upon
lands owned or served by said Applicant, provided however, that all
lands, facilities, and serviced areas which receive benefit from
the use of water (whether water service is provided by direct
delivery, by exchange, or otherwise) shall be situated within the
boundaries of Northern Colorado Water Conservancy District.
3. Applicant agrees that an acre-foot of water as referred
to herein is defined as being one-three-hundred-ten-thousandth
(1/310,000) of the quantity of water annually declared by the Board
of Directors of the District to be available for delivery from the
water supplies of the District. Applicant agrees that such water
shall be delivered from the works of the District at such existing
District delivery point or points as may be specified by the
Applicant and that the water delivery obligation of the District
shall terminate upon release of water from said works. Further,
the Applicant agrees that on November 1 of each year, any water
undelivered from the annual quantity made available to the
Applicant shall revert to the water supplies of the District.
4. Applicant agrees to pay annually in advance for the
amount of water herein provided for use under this contract by the
Board of Directors of said District at a price per acre-foot to be
fixed annually by said Board; and, further, agrees that the initial
annual payment shall be made, in full, within fifteen (15) days
after the date of notice from the District that the initial payment
is due hereunder. Said notice will advise the Applicant, among
other things, of the water year to which the initial payment shall
apply and the price per acre-foot which is applicable to that year.
Annual payments for each water year thereafter shall be made in
advance by the Applicant on or before each October 1, 31 days prior
to the start of the water year, at the rate per acre-foot
established by the Board for municipal water use in that water
year. ·For the purpose of this water contract, the water year is
defined to be from November 1 to October 3l_of the following year.
If an annual payment, as herein provided, is not made by due
date, written notice thereof, by certified mail, will be given by
said District to the Applicant at the following address: Town of
Firestone, Box 100 -150 Buchanan, Firestone, CO 80520.
2
Water deliveries shall be suspended as of November 1 of the
new water year until payment of the delinquency is made. If
payment is not made within ninety (90) days after the date of
mailing of said written notice, Applicant shall have no further
right, title or interest under this contract: and the right of use
of water, as herein made, shall be disposed of at the discretion of
the Board of Directors of said · District in accordance with the
applicable provisions of C.R.S. Sections 37-45-132 and 7-42-104.
Any proceeds from any sale of the right of use to another allottee
shall be paid to Applicant over and above the District's actual
expense in terminating and disposing of the contract right of use.
5. This right of use shall be perpetual on an annually
renewable basis. If the annual payment is made as provided in this
application, the right of use shall be automatically renewed
another water year without any further action of the District: if
the annual payment is not timely made, as provided above, the right
of use shall terminate.
6. Applicant agrees that the water allocation shall be
beneficially used for the purposes and in the manner specified
herein, and that this right of use is made for the exclusive
benefit of the Applicant and shall not inure to the benefit of any
successors or assigns of said Applicant without prior specific
approval of the Board of Directors of said District.
7. Applicant agrees to be bound by the provisions of the
water Conservancy Act of Colorado: by Section 37-45-131: by the
Rules and Regulations and policies of the Board of Directors of
said District: and by the Repayment Contract of July 5, 1938,
between said District and the United States and all amendments
thereof and supplements thereto.
8. Applicant agrees, as a condition of this contract, to
enter into an "Operating Agreement" with said District if and when
the Board of said District finds and determines that such an
agreement is required by reason of additional or special services
requested by the Applicant and provided by the District. Said
agreement may contain, but not be limited to, provision for water
delivery at times or by means not provided within the terms of
standard contracts of the District: additional annual monetary
consideration for extension of District delivery services and for
additional administration, operation, and maintenance costs: or for
other costs to the District which may arise through provision of
services to the Applicant.
section 3. In the opinion of the Board of Trustees of the
Town of Firestone, Colorado, acquisition of this annually renewable
perpetual right of use water contract for Colorado-Big Thompson
Project water from Northern Colorado Water Conservancy District and
the right to the beneficial use of water thereunder by said Town of
Firestone is necessary: that the continued acquisition and use of
3
this water supply is essential for the well-being of·the community
and for the preservation of the public peace, health, and safety;
and that the adequate protection of the health of the inhabitants
of the community requires an immediate increase in Applicant's
water supply. It is, therefore, declared that an emergency exists;
that this ordinance shall take effect as an emergency measure and
that it shall be published in the manner and shall take effect as
provided by the statutes of the State of Colorado or charter of the
Applicant.
section 4. Ordinance No. 303 (1994) is repealed.
INTRODUCED, READ, AD9PTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this :$!!:_ day of J.w~a4rv'. , 1994.
~~-'--------Trudy Peterson
Town Clerk
TOWN OF FIRESTONE, COLORADO
'&.Acz-~ ::::::
Rick Patterson
Mayor
ORDER ON APPLICATION
Application having been made by or on behalf of all parties
interested in this allocation of the right to use Colorado-Big
Thompson Project water and after a hearing by the Board, it is
hereby ORDERED that the above application be granted and an
allotment contract for --1---,--acre-feet of water is hereby made
to the Town of Firestone, a Co1orado Municipal Corporation, for the
beneficial uses set forth in said application upon the terms,
conditions, and manner of payment as therein specified.
NORTHERN COLORADO WATER
CONSERVANCY DISTRICT
tJ. I\. ,, cP L
By: __ ~------'-~-----President
I hereby certify that the above Order was entered by the·
Directors of Northern Colorado Water Conservancy District on the
13th day of January , 19..22.._.
111794/1613!dkmJc:fireston\bigth°"".ord
4
ORDINANCE NO. ,'f,tl<}
AN ORDINANCE APPROPRIATING ADDITIONAL SUMS OF MONEY TO DEFRAY
EXPENSES IN EXCESS OF AMOUNTS BUDGETED FOR THE TOWN OF FIRESTONE,.
COLORADO.
WHEREAS, the Town of Firestone is in receipt of unanticipated
revenue in the amount of $61,967, and such revenue was
not assured at the time of the adoption of the budget;
and
WHEREAS, the revenues are from sources other than the Town's
property tax mill levy;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FIRESTONE, COLORADO, THAT:
Section 1. That the 1994 appropriation for the General Fund
is hereby increased from $240,701 to $283,000 for the purpose of
purchasing 2 new patrol cars, and paying expenses pertaining to
engineering and planning.
Section 2. That the 1994 appropriation for the Highway Fund
is hereby increased from $62,332 to $82,000 for the purpose of chip
sealing streets in the Town of Firestone.
INTRODUC3D, READ IN FULL, ADOPTED AND ORDERED PUBLISHED ONCE IN
FULL this 29th day of December, 1994.
TOWN OF FIRESTONE, COLORADO
Rick Patterson, Mayor
ATTEST:
T.L. Peterson, Clerk
ORDINANCE NO. 0,(/ 9
AN ORDINANCE AMENDING CHAPTER 3 .12 OF THE FIRESTONE
MUNICIPAL CODE CONCERNING THE PARK FUND FEE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. Section 3 .12. 010 .. of the Firestone Municipal
Code is amended to read as follows (wor-ds to be deleted are
stricken through;.words to be added are 'capitalized):
3 .12. 010 Park fund established. There is
established a park fund for the town,. DISBURSEMENTS
FROM THE FUND SHALL BE LIMITED.TO the fund to se used for
the purehase THE ACQUISITION OR IMPROVEMENT of lands for
additional parks, OPEN SPACE, TRAILS AND OTHER
RECREATIONAL FACILITIES and for the improvement of
eicistin!'j" and new park □ in the town; AND CONSTRUCTION OR
IMPROVEMENT OF PARKS, OPEN SPACE, TRAILS, AND OTHER
RECREATIONAL FACILITIES.
Section 2.
Code is amended
stricken through;
Section 3 .12. 040 of the Firestone Municipal
to read as follows (words to be deleted are
words to be added are capitalized):,
3 .12. 040 Collection of monevs. IR order to provide
the fuFJ:8:o necessary to acquire adclitioFl:al lands fer park
use anel. for tfJ:c 0:cvelopment ana improvcfflcnt of c;eisting
and new park □, the THE ·town clerk is authorized and
directed to collect, the sum of one hundred dollar □ for
each residential unit as defined herein at the time the
building permit is issued for the structure, A PARK FUND
FEE. THE FEE SHALL BE IN THE AMOUNT DETERMINED BY THE
BOARD OF TRUSTEES TO BE SUFFICIENT TO OFFSET THE IMPACT
ON AND DEMAND FOR PARKS, OPEN SPACE, TRAILS, AND
RECREATIONAL FACILITIES CAUSED BY THE DEVELOPMENT OR
CONSTRUCTION TO WHICH THE BUILDING PERMIT APPLIES. THE
FEE SHALL BE DEPOSITED IN THE PARK FUND ESTABLISHED
PURSUANT TO SECTION 3.12.010.
Section 3. The repeal or modification of any provision of
the Firestone Municipal Code by this ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any
penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision
shall be treated and held as still remaining in force for the
purpose of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty,
forfeiture, or liability, as well as for the purpose of sustaining
1
any judgement, decree,
entered, .or made in
prosecutions.
or order which
such actions,
can or
suits,
may be rendered,
proceedings, or
Section 4. If any article, section, paragraph, sentence,
clause or phrase of this ordinance is held to be unconstitutional
or invalid for any reason, such decision shall not affect the
validity or constitutionality of the remaining portions of this
ordinance. The Board of Trustees hereby declares that it would have
passed this ordinance and each part or parts hereof irrespective of
the fact that any one part or parts be declared unconstitutional or
invalid.
Section 5. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby repealed to the extent· of such inconsistency or
conflict.
Section 6. This orclinance is deemed necessary for the
protection of the health, welfare and safety of the community.
FULL
INTRODUCED, READ, ~PTED, APPROVED, AND ORDERED PUBLISHED
this ~day of ~//,&~ , 19~
//
Attest:
~ Trudy Peterson
Town Clerk
012395/945[dkm]c:firestone\parkfee.ord
2.
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
IN
ORDINANCE NO, 0/.tJ
AN ORDINANCE APPROVING AN ANNEXATION,
KNOWN AS THE LAWSON ANNEXATION,
TO .THE TOWN OF FIRESTONE, COLORADO
WHEREAS, a petition for annexation of certain unincorporated
property, to be known as the Lawson Annexation, and described in
Exh·ibit A attached hereto, has been filed with the Board of
Trustees of the Town of Firestone; and
' WHEREAS, the owners of one hundred percent of the area,
exclusive of streets and alleys, have petitioned for annexation to
the Town; and
WHEREAS, the Town is desirous of annexing the described
property; and
WHEREAS, six (6) copies of an annexation map of the area, as
required by law, were filed with the Board of Trustees; and
WHEREAS, not less than one-sixth of the perimeter of the area
proposed to be annexed is contiguous with the Town of Firestone as
required by C.R.S. §31-12-104; and
WHEREAS, a community of interest exists between the area
proposed to be annexed and the Town of Firestone; and
WHEREAS, the area proposed to be annexed is urban or will be
urbanized in the near future; and
WHEREAS, the area proposed to be annexed is integrated with or
is capable of being integrated with the Town of Firestone; and
',
WHEREAS, the annexation of the territory proposed to be
annexed will not result in the detachment of area from any school
district; and
WHEREAS, 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; and
WHEREAS, the Town has a plan in place, pursuant to C.R.S. §31-
12-105 (1) (e); and
WHEREAS, the Council, by resolution, has determin.ed that the
petition is in substantial compliance with the applicable laws of
the state of Colorado, that the area proposed to be annexed is
eligible for annexation, and further has determined that an
election is not required, and further found tha:t no, additional
terms and conditions are to be imposed upon said annexation.
1
< :[45·ss61 -B-1511 p:.5.32 -09/15/95-04:.34P_PG_l __ bF j---·-
Weld County CO Clerk & Recorder
'--~-
--REC-·-
16.00
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The annexation to the Town of Firestone of the
property described in Exhibit A attached hereto and incorporated
herein by this reference is hereby approved and annexed to the Town
of Firestone:
Section 2. If any article, section, paragraph, sentence,
clause or phrase of this ordinance is held to be unconstitutional
or invalid for any reason, such decision shall not affect the
validity or constitutionality of the remaining portions of this
ordinance. The Board of Trustees.hereby declares that. it would have
passed this ordinance and each part or parts hereof irrespective of
the fact that any one part or parts be declared unconstitutional or
invalid.
Section 3. This ordinance is deemed necessary for the
protection of the health, welfare and safety of the community.
INTRODUCED, READ, ADOPTED ON RST READING, AND ORDERED
PUBLISHED IN FULL this~"day of __..'.:,:~~~~~~-x~'-----' 19~
~ -i
--:~-,____,,
Trudy Peterson
Town Clerk
/ t .-
,, TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
___.--/
D, ADOPTED ON SECOND READING, APPROVED, S:°N~-AIID ORDERED
PUBLISHED ITLE this day of-----~~~=-----' 1994.
_:;,;7
Attest:
Trudy,/Peterson
Town' Clerk
. T~ FIR.ESTONE, COLORADO
/-----fl,l~
' k Patterson
Mayo
-------__ 2_
'2455861 B-1511 P-532 09/15/95 04:34P ro:;f -◊F 3
'--·
EXHIBIT A
to
TOWN OF FIRESTONE, COLORADO
ORDINANCE NO. _-.j_1,J_
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, EXCEPT THE WESTERLY
330 FEET THEREOF, IN SECTION 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF
THE 6TH PRINCIPAL MERIDIAN, COUNTY Of WELD, STATE Of COLORADO, THUS
DESCR !BED. PARCEL OF LAND BEING MORE PP.RTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER Of SECTION 18, TOWNSHIP 2 NORTH,
RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE
OF COLORADO, THENCE ALONG THE SOUTH LINE Of THE SOUTHEAST QUARTER
OF SECTION 18, N88c 47'05"W, 987.68 FEET, THENCE NOO.., 09'34"W,
1319.i7 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 18, THENCE ALONG SAID NORTH LINE, S88°
56'22" E, 990.93 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, THENCE ALONG THE,,
EAST ~!NE OF THE OF THE SOUTHEAST QUARTER OF SECTION 18, SOO
00'58'E, 1321.77 FEET TO THE POINT OF BEGINNING.
EXCEPTING ALL THAT PORTION OF THE HEREON DESCRIBED PARCEL LYING
WITHIN WELD COUNTY ROADS 15 AND 20.
CONTAINING 28.413 ACRES
TOTAL CONTIGUITY = 957. 75 FEET TO THE CURRENT TOWN LIMITS OF
FIRESTONE
TOTAL PERIMETER= 4,~99.51 FEET
___ j
'
7i/f)/1 y 7~~
. / rJ ;6tJx / ~a
1-vLM~ Co J-"0:5,?) 0 :
ORDINANCE NO • .,JjJ
AN ORDINANCE Z.ONING PROPERTY ANNEXED TO THE
TOWN OF FIRESTONE AND KNOWN AS THE LAWSON ANNEXATION.
WHEREAS, a petition for annexation of certain property,
described in Exhibit A attached hereto and known as the Lawson
Annexation, was filed with the Board of Trustees of the Town of
Firestone; and
WHEREAS, said property was annexed to the Town on October 27,
1994, by the adoption on final reading of Ordinance No .• g;IJ ; and
WHEREAS, the Board of Trustees must provide for the zoning of
said property; and
WHEREAS, the Board of Trustees provided notice of the public
hearing on said zoning by publication as provided by law; and
WHEREAS, no protests were received by the Town pursuant to
C.R.S. §31-23-305; and
WHEREAS, the landowners of said property requested a R-1
(Residential 1 District) zoning classification in the petition to
annex said property; and
WHEREAS, an R-1 zoning use classification is consistent with
the Town's plan for the area; and
WHEREAS, the Firestone Planning Commission recommended the
Board of Trustees's approval of said R-1 classification.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
section 1. That certain property known as the Lawson
Annexation, the legal description of which is set forth in Exhibit
A attached hereto and incorporated herein by this reference, is
hereby zoned R-1, Residential 1 District, pursuant to the zoning
ordinances of the Town, and the Town zoning map shall be amended
accordingly.
section 2. If any article, section, paragraph, sentence,
clause or phrase of this ordinance is held to be unconstitutional
or invalid for any reason, such decision shall not affect the
validity or constitutionality of the remaining portions of this
ordinance. The Board of Trustees hereby declares that it would
have passed this ordinance and each part or parts hereof
irrespective of the fact that any one part or parts be declared
unconstitutional or invalid.
1
section 3. This ordinance is deemed necessary for the
protection of the health, welfare and safety of the community.
INTRODUCED, READ, ADOPTED ON ~RST READING,
PUBLISHED IN FULL this ~day of ~Af<<:t,;;t ' KWN OF FIRESTONE,
Attest:
Trudy Peterson
Town Clerk
Rick Patterson
Mayor
I' ,
READ, ADOPTED ON SECOND READING, APPROVED,
;;::.=
AND ORDERED
, 199.f.
COLORADO
ED BY TITLE this -day of--------:;;,-"=---
Attest:
2
Patterson
r
COLORADO
,
•
EXHIBIT A
to
TOWN OF FIRESTONE, COLORADO
ORDINANCE NO. SI/
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, EXCEPT THE WESTERLY
330 FEET THEREOF, IN SECTION 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF
THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, THUS
DESCRIBED PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 18, TOWNSHIP 2 NORTH,
RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE
OF COLORADO, THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER
OF SECTION 18, N88° 47'05"W, 987.68 FEET, THENCE N00° 09'34"W,
1319.17 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 18, THENCE ALONG SAID NORTH LINE, S88°
56'22'' E, 990.93 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, THENCE ALONG THE
EAST LINE OF THE OF THE SOUTHEAST QUARTER OF SECTION 18, S00°
00'58''E, 1321.77 FEET TO THE POINT OF BEGINNING.
EXCEPTING ALL THAT PORTION OF THE HEREON DESCRIBED PARCEL LYING
WITHIN WELD COUNTY ROADS 15 AND 20.
CONTAINING 28.413 ACRES
TOTAL CONTIGUITY = 957. 75 FEET TO THE CURRENT TOWN LIMITS OF
FIRESTONE
TOTAL PERIMETER= 4,499.51 FEET
ORDINANCE NO. Slot
AN ORDINANCE REPEALING AND ENACTING CHAPTER 1.08 OF THE
FIRESTONE MUNICIPAL CODE CONCERNING ANNEXATIONS.
WHEREAS, the Board of Trustees has determined that it is
necessary for the health, safety and welfare of the citizens of the
Town of Firestone to repeal. and reenact Chapter 1. 08 of the
Firestone Municipal Code to provide for greater efficiency in the
processing and evaluation of proposed annexations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Chapter 1.08 of the Firestone Municipal Code,
except Subsections C, F, and G of Section 1. 080. 050 thereof, is
hereby repealed and reenacted, with amendments, to read as follows:
Sections:
1.080.010
1.080.020
1.080.030
1. 080. 040
1.080.050
' .
Chapter 1.08
ANNEXATIONS
Title and purpose.
Compliance with state law.
Pre-Annexation cost agreement.
Annexation Agreement.
Water.
1.080.010 Title and purpose. This chapter ~hall be
known, cited as and referred to as the Town of ~ir'estone
annexation ordinance. This chapter shall be constrii:ed as
establishing minimum requirements applicable I to
annexation petitions and as a guide in the evaluation and
processing of annexation petitions in order to minimize
misunderstanding and unnecessary expense to both
petitioners and the town.
1.080.020 Compliance with state law. All
annexation of land to the town shall be in accordance
with the laws of the State of Colorado in effect from
time to time.
1.080.030 Pre-annexation cost agreement. Prior to
the adoption of a resolution finding that an annexation
petition is in substantial compliance with applicable
state law, the petitioner shall enter into and comply
1
with the provisions of a pre-annexation cost agreement
with the town. The pre-annexation cost agreement shall
set forth the obligations of the landowners and the town
relative to the costs incurred by the town in the
evaluation and processing of the annexation request,
including the cost of consultant services, including but
not limited to engineering and planning services, to
assist in the review, evaluation and negotiation of
annexation related matters, legal advice, and publication
costs. The pre-annexation cost agreement shall provide
an estimate of such costs, shall provide for the
establishment of an escrow account into which the
landowners shall deposit moneys to be used to pay the
estimated costs, and may contain other provisions
relative to burdens placed upon the financial resources
of the town by .the annexation request.
1.080.040 Annexation Agreement. A. Prior to the
final adoption of an annexation ordinance, the petitioner
shall enter into an annexation agreement with the town
concerning matters relevant to the proposed annexation
including such matters as, but not limited to, public
improvements, transfer of water rights, requested zoning,
utility services, drainage, and the dedication of rights-
of-way and easements. Upon annexation, the annexation
agreement shall be recorded to provide notice to
transferrees, successors, assigns and future purchasers
of the property.
1.080.050 Water. Unless otherwise provided by the
Board of Trustees, the town and the petitioner shall
agree in writing, prior to final adoption of an
annexation ordinance, to the transfer of the following
minimum water rights to the town:
A. Residential.
1. The landowner, his or her success.ors or
assigns in interest, shall dedicate to the town.one acre-
foot of water for every living unit in a single-family
dwelling, duplex or triplex.
2. The landowner, his or her successors or
assigns in interest, shall dedicate to the town one-half
acre-foot of water for every living unit in a fourplex or
larger residential unit.
3. Title to the required water rights, free
of liens and encumbrances, shall be deliverable to the
town at the time of final subdivision platting of any
2
residential area in the annexation. No subdivision plat
shall receive final approval until the town becomes
titled owner of all water required for the platted area.
B. Commercial and Industrial. The landowner shall
furnish three acre-feet of water for every gross acre of
the annexation zoned commercial or industrial. This
requirement shall be met at the time of annexation.
C. In addition, the landowner shall offer to sell
all remaining water rights appurtenant to his or her
property to the town at the fair market value as
determined by a competent appraiser chosen jointly by the
landowner and the town. The landowner shall also
petition for inclusion of the land into the, Northern
Colorado Water Conservancy District if the land sought to
be annexed is not already in that District.
D. All water required under this section shall be
Northern Colorado Water Conservancy District water shares
or such other shares as the town may a,,:rree to accept in
lieu thereof.
Section 2. Subsection C of Section 1. 080. 050 of the
Firestone Municipal Code is hereby repealed and reenacted, with
amendments, and added as a new Subsection C to Section 16.16.200 to
read as follows:
16.16.200 Utility and drainage easements.
C. The cost of utility main extensions necessary
to serve the subdivided land shall be borne by the
subdivider. The town may at its discretion require
oversizing of mains to serve anticipated future needs.
In this event, the town shall pay the difference between
the oversizing and that required to serve adequately the
subdivided land. If utility mains have previously been
extended to the subdivided land, the subdivider•must pay
any outstandin;:r assessments due on the existing mains.
Section 3. Subsections F and G of Section 1. 080. 050 of the
Firestone Municipal Code are hereby repealed and reenacted, with
amendments, as a new Section 16.16.220 to read as follows:
16 .16. 220 Public sites and dedications. A.
Dedications of rights-of-way for public streets,
drainage, utility easements or other public purposes
shall be required and shall be made by .the subdivider on
the plat unless otherwise directed by the Board of
Trustees. Drainage easements shall be adequate as
determined by the planning commission for the protection
of the town from the hazards of flood. Rights-of-way for
3
public streets shall be sufficient to insure
circulation of vehicles and pedestrians
subdivision.
the adequate
within the
B. A minimum of eight percent (8%) of the total
land area of the land being subdivided shall be
dedicated, exclusive of subsection A above, free of liens
and encumbrances for park, school, open space, or other
public purposes as determined by the Board of Trustees
and shall be delineated on the final plat. Land
dedicated for public use must be suitable, as determined
by the planning commission, for the type of development
and use for which it is intended.
C. If the Board of Trustees so determines, the
subdivider.shall pay to the town in cash an amount equal
to eight.·(8%) percent of the total appraised value of the
land to be subdivided in lieu of the dedication of land
required herein, or a combination of dedication and cash
in lieu. Any appraisal required to establish the value
of land shall be done at the expense of the subdivider.
Section 4. The repeal or modification of any provision of
the Firestone Municipal Code by this ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any
penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision
shall be treated and held as still remaining in force for the
purpose of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty,
forfeiture, or liability, as well as for the purpose of sustaining
any judgement, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or
prosecutions.
Section 5. If any article, section, paragraph, sentence,
clause or phrase of this ordinance is held to be unconstitutional
or invalid for any reason, such decision shall .not affect the
validity or constitutionality of the remaining portions of this
ordinance. The Board of Trustees hereby declares that it would have
passed this ordinance and each part or parts hereof irrespective of
the fact that any one part or parts be declared unconstitutional or
invalid.
Section 6. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
conflict.
Section 7. This ordinance is deemed necessary for the
protection of the health, welfare and safety of the community.
4
,-._,_{ ,:_: ': '.; r·.
•, ,
INTRO~U:C,~, READ, ADO TED, APPROVED, AND ORDERED PUBLISHED IN
FULL this~day of-~~~~~=:.-----' 1995.
Attest:
022295/1248[dkm]c:fireston\annexatn.ord
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5
TOWN OF FIRESTONE, COLORADO
Rick atterson
Mayor
•
ORDINANCE NO. .$13
AN ORDINANCE ESTABLISHING PROCEDURES FOR THE REVIEW OF
MINOR SUBDIVISIONS.
WHEREAS, pursuant to C.R.S. §31-23-214, the Town has adopted
subdivision regulations codified in Title 16 of the Firestone
Municipal Code;
WHEREAS, said regulations may provide for waivers and
exceptions from the subdivision requirements;
WHEREAS, the Board of Trustees desires to amend the
subdivision regulations to improve their procedural efficiency with
regard to procedures for the review of minor subdivisions not
involving the necessity for dedication of streets, easements or
other substantial public improvements;
WHEREAS, the Board of Trustees declares that an emergency
exists and finds that this ordinance is necessary to the immediate
preservation of the public health and safety in order to put in
place regulations necessary to address minor subdivisions of land
within the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Chapter 16.12 of the Fireston~ Municipal Code
is hereby amended by the addition. of a new Section 16 .12. 090 to
read to read as follows:
16.12.090 Minor subdivisions. A. The following
minor subdivision procedure may be used for a subdivision
application meeting one or more of the following
requirements:
1. The subdivision is a replat of an approved
final subdivision plat which does not increase the number
of lots or increase density, and which does not result in
a material change in the extent, location, or type of
public improvements, easements, arrangement of streets,
open space, or utilities;
2. The subdivision is a division of a parcel
into not more than two (2) lots; each lot has access to
an accepted and maintained public street; the subdivision
will not require the dedication of streets, alleys, or
eas·ements, or the construction of improvements as set
1
forth in section 16.12.030; and each lot will meet the
requirements of the town's zoning regulations without the
necessity for a variance and no variance has been granted
within the three (3) previous years; or
3. The subdivision is of a lot, previously
created by an approved final subdivision plat, which is
split or subdivided into no more than two lots and the
lots created by the split comply with the applicable
requirements of the town's zoning regulations.
B. A minor subdivision plat shall not be approved
if the property is within any parcel, any part of which
has been subdivided by a minor subdivision within the
three (3) years preceding the date of the current
application.
C. A subdivider may apply through the minor
subdivision procedure set forth in this section by
submitting to the town planner a written minor
subdivision application, the subdivider's certification
to the town that all required improvements are installed,
available, and adequate to serve each lot of the minor
subdivision, a final plat and six copies thereof in
accordance with section 16.12.080, and such other
information as may be required by the town planner. The
town planner and town engineer shall review the request
to determine whether it complies with the requirements of
this section for a minor subdivision.
D. If the town planner and town engineer determine
that the proposed subdivision complies with the
requirements of this section, they shall approve the
request for minor subdivision review and submit the
application to the planning commission. The town planner
and town engineer may waive any final plat requirement
set forth in section 16.12.080 to the extent they
determine such requirement to be unnecessary or
inapplicable to the minor subdivision plat.
E. The planning commission may, following notice
and hearing, either approve, disapprove or conditionally
approve the plat subject to compliance with any minimum
design standards, to dedication of additional right-of-
way, easements, or to the installation of additional
improvements. The subdivider has the burden of proving
that the criteria of subsection 16 .12. 090 .A have been
met.
F.
together
trustees.
The planning commission shall submit the plat
with its recommendations to the board of
The board of trustees may approve, disapprove
2
or refer the plat back to the planning commission for
further study. Following plat approval by the board of
trustees, the town shall record the plat in the office of
the Weld County Clerk and Recorder in accordance with
Colorado state statute.
Section 2. If any article, section, paragraph, sentence,
clause or phrase of this ordinance is held to be unconstitutional
or invalid for any reason, such decision shall not affect the
validity or constitutionality of the remaining portions of this
ordinance. The Board of Trustees hereby declares that it would have
passed this ordinance and each part or parts hereof irrespective of
the fact that any one part or parts be declared unconstitutional or
invalid.
Section 3. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
conflict.
Section 4. The Board of Trustees herewith finds,
determines, and declares tnat this ordinance is necessary to the
immediate preservation of the public health and safety in order to
provide regulations for the efficient and orderly subdivision of
property within the Town.
Section 5.
and approval by
three-fourths of
This ordinance shall be effective upon adoption
the Mayor if adopted by an affirmative vote of
the members of the Board of Trustees.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this dsa day of ~l_ , 1995.
?J
TOWN OF FIRESTONE, COLORADO
Rick Patterson, Mayor
ATTEST:
~ Trudy Peterson, Town Clerk
052595/SSO[dkm]c:FIRESTON\MINORSUB.ORD
3
ORDINANCE NO. -.'JJ.J/
AN ORDINANCE REZONING CERTAIN PROPERTY TO THE R-3 ZONE.
DISTRICT AND DECLARING AN EMERGENCY.
WHEREAS, a rezoning application has been filed with the Town
to change the zoning of certain property to R-3; and
WHEREAS, the Board of Trustees, after notice and hearing,
desires to grant the zoning request; and
WHEREAS, no protests were received by the Town pursuant to
C.R.S. §31-23-305; and ,
WHEREAS, an R-3 zoning classification, and the conditions as
requested by the property owner, as set forth herein, are
consistent with the Town's plan for the area; and
WHEREAS, the Board of Trustees declares that;. an emergency
exists because of the immediate need to identify permitted land
uses so that the capacity requirements of public utility
infrastructure improvements which are currently under construction
or scheduled for construction may be determined thereby allowing
such construction to proceed.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The property for which the legal description is
set forth below, is hereby zoned R-3, High density residential,
pursuant to the zoning ordinances of the Town, and the Town zoning
map shall be amended accordingly:
LEGAL DESCRIPTION
A PORTION OF SECTION 19, TOWNSHIP 2 NORTH, RANGE 67 WEST
CF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY
OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 19 ALONG
THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 19
WHICH BEARS NORTH 69°59'54" EAST BEING THE BASIS OF ALL
BEARINGS HEREIN; THENCE NORTH 89°59'54" EAST 179.80 FEET
ALONG SAID NORTH LINE TO A POINT ON THE EAST LINE OF THE
UNION PACIFIC RAILROAD AS RECORDED IN WELD COUNTY RECORDS
IN BOOK 755 AT RECEPTION NUMBER 1676953; THENCE
CONTINUING ALONG SAID NORTH LINE NORTH 8 9°5 9' 54" EAST
619.41 FEET TO THE TRUE POINT OF BEGINNING;
1
THENCE CONTINUING .II.LONG SAID NORTH LINE NORTH 8 9°5 9' 54 11
EAST 500.06 FEET; THENCE SOUTH 00°52'30 11 EAST 1374.18
FEET; THENCE SOUTH 70°14' 20 11 EAST 639. 50 FEET; THENCE
SOUTH 14°36'31 11 WEST 183.84 FEET; THENCE SOUTH 34°03'30 11
WEST 511. 28 FEET; THENCE SOUTH 86°52' 42 11 • WEST 236. 89
FEET; THENCE NORTH 61°32 ' 3 0 11 WEST 5 2 5 . 8 6 FEET; THENCE
NORTH 38°52'48 11 WEST 99.84 FEET; THENCE NORTH 00°52'30 11
WEST 1876.51 FEET TO THE TRUE POINT OF BEGINNING, SAID
DESCRIPTION CONTAINING 31.371 ACRES MORE OR LESS.
Section 2. The rezoning of property set forth in Section 1
above shall be subject to the following conditions:
1. Only single-family detached .dwellings, single-family
attached dwellings, multi-family dwellings, rest homes
and uses permitted in the R-1 zone distr.ict shall be
permitted uses within the area rezoned R-3 in Section 1
above. Single-family detached dwelling, single-family
attached dwelling, multi-family dwelling, and rest home
shall be defined as follows:
A. Single-family detached dwelling: A detached
building designed exclusively for occupancy by one
family, but not including mobile homes,
manufactured homes, or modular homes. Single-
family detached dwelling includes patio homes.
Patio home means a single-family dwelling located
on a lot which does not meet the minimum lot area
for the zone district in which it is located and
which is developed with unique site and
architectural considerations.
B. Single-family attached dwelling: A single building
designed to be occupied by two or more families
living independently of each other in separate
dwelling units such as duplexes and quad-units or
quadroplexes. Duplex means a single building
consisting of two separate dwelling units. Quad-
unit or quadroplex means a consolidation of four
dwelling units into a single building. Single-
family attached dwelling does not include mobile
homes, manufactured homes, or modular homes.
C. Multi-family dwelling: A building designed to be
occupied by three or more families living
independently of each other in separate dwelling
units. Multi-family dwelling does not include
mobile homes, manufactured homes, or modular homes.
D. Rest home: A
single-family
dwelling used
single-family detached dwelling,
attached dwelling, or multi-family
by the elderly, and including such
2
uses developed as rental units, including
apartments. Rest home does not include group homes
for the aged requiring licensing by the State of
Colorado.
2. Single-family detached dwellings, single-family attached
dwellings, and multi-family dwellings shall not include
such units which are developed as rental units, such as
apartment buildings.
3. Group homes which are the subject of §31-23-303 (2),
C.R.S., shall be permitted upon application for and Town
approval of a special use permit in accordance with
§17.16.0l0(B) and Chapter 17.32 of the Firestone
Municipal Code.
4. Single-family detached dwellings shall comply with all
density standards and requirements applicable to the R-1
zone district as set forth in the Firestone Municipal
Code; Single-family detached dwellings shall comply with
all density standards and requirements applicable to the
R-2 zone district as set forth in the Firestone Municipal
Code; Multi-family dwellings designed for occupancy by
five or more families shall comply with all density
standards and requirements applicable to the R-3 zone
district as set forth in the Firestone Municipal Code.
Additional development standards shall be submitted and
may be required in connection with any subdivision or
development applications for the property, and shall be
subject to approval by the Board of Trustees.
5. Pursuant to the Town's road standards, adequate right-of-
way shall be provided to the Town for Weld County Road 20
at such time as required or req1:1ested by the Town.
6. Subdivision and development of the property shall be
consistent with typical high-quality development found in
communities along.the Front Range of Colorado.
Section 3. The Board of Trustees herewith
determines, and declares that thi.s · ordinance is necessary
immediate preservation of the public health and safety.
ordinance shall be effective upon adoption and approval
Mayor.
finds,
to the
This
by the
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this ~j# day of £.z;;I~ , 1995.
3
t • i ' ,
•
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'
·TOWN OF
. ! • ... ;
t f \ "·
FIRESTONE; ,COLORADO
: , ; t ~ --• ;' ! 1 ,, l·J• .,
'·) i~ir~:~o:nS~==--
Mayor . ---, .
Attest:
,
I ,-,,
. • I r ._,
I !•.•l.,,
~""t"'"e=-~-s_o_n _____ _
Town Clerk
100595/lOll[sar]c:fireston\HDHzone.ord
•
4
ORDINANCE NO. -!JJ~
AN ORDINANCE AMENDING CHAPTER 8.16 OF THE FIRESTONE MUNICIPAL
CODE CONCERNING THE REGULATION OF WEEDS, BRUSH AND RUBBISH.
WHEREAS, C.R.S. §31-15-401.authorizes the Town to provide for
and compel the removal of weeds, brush and rubbish within the Town;
and
WHEREAS, the Town has undertaken to regulate weeds, brush and
rubbish within the Town and has adopted· regulations genera:j.ly
codified in Chapter 8.16 of the Firestone Municipal Code; and
WHEREAS, the Board of Trustees has determined that the
effective control weeds, brush and rubbish on property within the
Town requires the revision of said regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN CF FIRESTONE, COLORADO:
Section 1. Section 8.16.020 of the Firestone Municipal Code
is amended to read as follows (words to be added are capitalized;
words to be deleted are stricken through):
8.16.020 Weeds-~Removal required.·· It shall be the joint anel.
several el.uty of each UNLAWFUL FOR ANY person, corporation or entity
owning, occupying or managing any lot, tract or parcel of land
within the town:
A. To cut to the grouad on each· lot, tract er parcel, all
weeel.s, §'rasses, ane.·brush, when the PERMIT weeds, grasses i9:ftel. OR
brush TO grow to a height IN EXCESS of six inches or more UPON ANY
LOT, TRACT OR PARCEL OWNED OR OCCUPIED BY SUCH PERSON;
B. To STORE, KEEP OR PERMIT TO REMAIN ::emove frem the ON ANY
lot, tract or parcel OWNED OR OCCUPIED BY SUCH PERSON, a-±-1-trees,
limbs or branches of trees, shrubs or plants, whether alive or
dead, which are dangerous to health or property; i9:ftel.
C. To FAIL TO remove the same TREES, LIMBS OR BRANCHES OF
TREES, SHRUBS OR PLANTS, WHETHER ALIVE OR DEAD, WHICH ARE DANGEROUS
TO HE.Al,TH OR PRQPERTY, together with all rubbish of all kinds ff-el!\
the property, FROM ANY LOT, TRACT OR PARCEL OWNED OR OCCUPIED BY
SUCH PERSON; i9:ftel.
D. To PERMIT similarly cut to the §'rounel. all weeds, grasses
i9:ftel. OR brush TO GROW TO A HEIGHT IN EXCESS OF SIX INCHES, i9:ftel.
similarly remove TO STORE, KEEP OR PERMIT TO REMAIN any trees,
limbs or branches of trees, shrubs or plants, whether alive or
dead, WHICH ARE DANGEROUS TO HEALTH OR PROPERTY, anel. similarly OR
TO FAIL TO remove the same together with all rubbish of all kinds,
UPON -ift and from the area from the property ANY LOT, TRACT OR
1
PARCEL OWNED OR OCCUPIED BY SUCH PERSON to the middle of any alley
abutting behind or on the side of the preperty LOT, TRACT OR
PARCEL, a!'la iFl OR UPON and from the area from the preperty ANY LOT,
TRACT OR PARCEL OWNED OR OCCUPIED BY SUCH PERSON to the street
abutting to the front or on the side of the preperty LOT, TRACT OR
PARCEL, such area to include but not l;,e limited to THE curb, gutter
and sidewalk.
Section 2. Section 8.16.030 of the Firestone Municipal Code
is amended to read as follows (words to be added are capitalized;
words to be deleted are stricken through):
8.16.030 Weeds--Duty to remove. It shall be the jei!'lt a!'la
several El.uty ef eaeh UNLAWFUL FOR ANY person, corporation or entity
owning, occupying or managing any lot, tract or parcel of land
within the town to FAIL TO remove, immediately upon cutting, all
weeds, grasses, brush, trees, limbs, shrubs or plants, together
with all rubbish of all kinds, from the town, or otherwise entirely
destroy it in a legal fashion.
Section 3. Section 8.16.040 of the Firestone Municipal Code
is amended to read as follows (words to be added are capitalized;
words to be deleted are stricken through):
8.16.040 Weeds--Notice to cut or remove. The town shall
MAY cause written notice to be served upon the owner, occupant or
manager of property, the condition of which violates any of the
ordinances set forth in this chapter, to comply with the ordinances
within four days from service of such notice. NO SUCH NOTICE SHALL
BE REQUIRED AS A CONDITION OF ANY PROSECTION UNDER SECTIONS
8 .16. 020 AND 8 .16. 030 OF THIS CHAPTER, AND FAILURE OF ANY PERSON TO
RECEIVE ANY SUCH NOTICE SHALL NOT CONSTITUTE AN AFFIRMATIVE DEFENSE
TO ANY PROSECUTION UNDER THIS CHAPTER. Such notice may be
personally served upon su.ch person or entity, or posted in a
conspicuous manner upon the front door of the building, if any, on
such property, or by mailing a copy of such notice to the last
known address of such person or entity, or by publication for two
times, a week apart in a newspaper published or distributed in the
town. In the case of posting, service shall be complete three days
after the notice is posted. In the case of mailing, service shall
be complete three days after the notice is postmarked. In the case
of publication, service shall be complete on the last day of
publication.
Section 4. The repeal or modification of any provision of
the Firestone Municipal Code by this ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any
penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision
·shall be treated and held as still remaining in force for the
purpose of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty,
2
...
forfeiture, or liability, as well as for the purpose of sustaining
any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or
prosecutions.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this Jlt_/,/,day of ,/4:::,"~, , 1995.
TOWN OF FIRESTONE, COLORADO
Rckatterson
~~ -;;:....,
T~on
Mayor
Town Clerk
091895/1053(lab)c:FIRESTON\WeedRmv2.ord
3
ORDINANCE NO.
AN ORDINANCE REPEALING CHAPTER 5.36 OF THE FIRESTONE MUNICIPAL
CODE CONCERNING AN OIL AND GAS OCCUPATION TAX.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Chapter 5. 36 of the Firestone Municipal Code
entitled Specific Occupation Tax -Oil and Gas Occupation or
Business, as adopted by Ordinance No. 258, is hereby repealed as of
January 1, 1996.
Section 2. All ordinances or resolutions, or parts thereof,
in conflict with this ordinance are hereby repealed, provided that
such repealer shall not repeal the repealer clauses of such
ordinance nor revive any ordinance thereby.
Section 3. If any provision of this Ordinance is found by a
court of competent jurisdiction to be invalid, the remaining
provisions of this Ordinance will remain valid, it being the intent
of the Town of Firestone that the provisions of this Ordinance are
severable.
Section 4. The repeal or modification of any provision of the
Firestone Municipal Code by this ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any
penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision
shall be treated and held as still remaining in force for the
purpose of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty,
forfeiture, or liability, as well as for the purpose of sustaining
any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or
prosecutions.
Il'fTROI)U~D, READ,J,,DOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL t_his '9 day of ~,y4t1t!Mt.,} , 1995.
~ Trudy Peterson , ,
· Town Clerk · , ·
110295/1048(dkm)c:FIRESTON\OcptnTax.ord
1'
TOWN OF FIRESTONE, COLORADO
l---~~
Rick Patter:Eion , 1 ·Mayor -• 1 · · ,, '
I . ..
•
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...
TOWN OF FIRESTONE, COLORADO
ORDINANCE NO. jJJ_
AN ORDINANCE OF THE TOWN OF FIRESTONE,
COLORADO, REPEALING AND REENACTING
CHAPTER 15.48 OF THE FIRESTONE MUNICIPAL CODE
CONCERNING LAND USE REGULATIONS FOR OIL AND
GAS DRILLING AND PRODUCTION WITHIN THE TOWN
LIMITS.
WHEREAS, these regulations are, enacted to provide for the safety, preserve the
health, promote the prosperity, and improve the morals, order, comfort, and convenience of
the present and future residents of the Town of Firestone; and •
\VHEREAS, it is the Town's intent by enacting these regulations to regulate land use
aspects of oil and gas development within the Town of Firestone.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, THAT:
Section 1. Chapter 15.48, Sections 15.48.010 through 15.48.250, of the Firestone
Municipal Code is repealed and reenacted with amendments in its entirety to read as follows:
Sec. 15.48.010 Purpose.
CHAPTER 15.48
OIL OR GAS WELLS
These regulations are enacted to provide for the safety, preserve the health, promote
the prosperity, and improve the morals, order, comfort, and convenience of the present and
future residents of the Town of Firestone, Colorado. It is the Town's intent by enacting
these regulations to facilitate the development of oil and gas resources within Firestone,
Colorado, while mitigating potential land use conflicts between such development and
existing, as well as planned, land uses. It is recognized that under Colorado law the surface
and mineral estates are separate and distinct interests in land and that one may be. severed
from the other. Owners of subsurface mineral interests have certain legal rights and
privileges, including the right to. use that part of the surface estate reasonably required to
extract and develop their subsurface mineral interests, subject to compliance with the
provisions of these regulations and any applicable statutory and regulatory requirements.
The State has a recognized interest in fostering the efficient development, production and
utilization of oil and gas resources, and in the prevention of waste and protection of the
correlative rights of common source owners and producers to a fair and equitable share of
production profits in a manner that is consistent with the protection of public health, safety
and welfare. Similarly, owners of the surface estate have certain legal rights and privileges,
. including the right to have the mineral estate developed in a reasonable manner.
"Municipal" governments have a recognized, traditional authority and responsibility to
regulate land use within their jurisdiction. These regulations are intended as an exercise of
this land use authority.
Sec. 15.48.020 Definitions.
All terms used in this Chapter that are defined in the Act or in Commission
regulations and are not otherwise defined in this section, are defined as provided in the Act
or in such regulations as of the effective date of this Chapter. All other words used in this
Chapter are given their usual customary and accepted meaning, and all words of a technical
nature, or peculiar to the oil and gas industry, shall be given that meaning which is generally
accepted in said oil and gas industry. When not clearly otherwise indicated by the context,
the following words and phrases used in this Chapter have the following meanings:
A. Definitions
1. ACT means the Oil and Gas Conservation Act of the State of Colorado.
2. COMMISSION or OGCC means the Oil and Gas Conservation Commission of
the State of Colorado.
3. DAY means a period of twenty-four (24) consecutive hours.
4. DIRECTOR means the director of the Oil and Gas Conservation Commission
of the State of Colorado.
5. INJECTION WELL means any hole drilled into the earth into which fluids are
injected for the purposes of secondary recovery, storage, or disposal, pursuant
to authorizations granted by the Commission.
6. INSPECTOR means any person designated by the Townof Firestone or by the
Town of Firestone's designee, who shall have the authority to inspect well
sites to determine compliance with this Chapter and other applicable
ordinances of the Town.
7. OIL AND GAS WELL means any hole drilled into the earth for the purpose
of,exploring for or extracting oil, gas, or other hydrocarbon substances.
8. OPERA TING PLAN means a general description of a well site or a production
site identifying purpose, use, typical staffing, seasonal or periodic
considerations, routine hours of operating, source of services/infrastructure,
and any other information related to regular functioning of that facility.
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9. OPERATOR means the person designated by the working interest owners as
operator and named in Commission Form 2 or a subsequently filed
Commission Form 10.
10. OWNER means any person with a working interest ownership in oil and gas
or a leasehold interest therein.
11. PRODUCTION SITE means the area surrounding proposed or ex1stmg
production pits or other accessory equipment required for oil and gas
production, at which may also be located tanks and tank batteries, exclusive of
transmission and gathering pipelines.
12. REENTERING means accessing an existing well bore for either the original or
amended purpose, provided that such well has not been abandoned.
13. SIDETRACKING means entering the same well head from the surface, but not
necessarily following the same well bore, throughout its subsurface extent
when deviation from such well bore is necessary to reach the objective depth
because of ail engineering problem.
14. · TWINNING means the drilling of a well within a radius of fifty feet from an
existing well bore when the well cannot be drilled to the objective depth or
produced because of an engineering problem, such as a collapsed casing or
formation damage.
15. USE TAX means the tax paid by a consumer for using, storing, distribution,
or otherwise consuming tangible personal property or taxable services inside
the Town.
16. WELL means an oil and gas well or an injection well.
17. WELL HEAD means the equipment attaching the surface equipment to the
wellbore equipment at the well.
18. WELL SITE means that area surrounding a proposed or existing well or wells, .
and accessory structures and equipment necessary for drilling, completion,
recompletion, workover, development and production activities. •
B. All terms used herein that are defined in the Act or in Commission rules and
regulations and are · not otherwise defined in Subsection A of this Section shall be
defined as provided in the Act or in such rules and regulations.
Sec. 15.48.030 Requirements & Procedures.
A. Proposed New Wells, Redrilling Certain Wells and Other Specified Enhancement
Operations.
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L It shall be unlawful for any person to drill a well that has not been previously
pennitted under .this Chapter, reactivate a plugged or abandoned well or to
perfonn initial. installation of accessory equipment or pumping systems (in
cases where a well is not being drilled) unless a Special Use Pennit. has first ·
been granted by the Town of Firestone in accordance with the procedures in
this Chapter.
2, The granting of such Special Use Pennit shall not relieve the operator from
otherwise complying with all applicable regulatory requirements of the Town,
the State of Colorado and the United States.
3. When a Special Use Pennit has been granted for a well, reentry of such well
for purposes of sidetracking, twinning, deepening, recompleting or reworking
shall not require a separate Special Use Pennit.
4. The Special Use Pennit is limited to the current proposed facilities as shown in
the approved plan. To the extent Applicant desires, after initial completion of
a well, to place additional equipment on a tank battery or wellhead location
which was not shown in the approved plan, Applicant must, except in a
situation where additional equipment is necessary for a period of 14 days. or
. less, notify the Town of installation of such additional equipment. ·
5. Within 30 days after completion of operations, Applicant shall provide to the
Town "as-built" drawings showing all facilities, pipelines,. flow lines and•
gathering lines which Applicant has placed on the land subject to the Pennit.
B. Inspections.
C.
In recognition of the potential impacts associated with oil and gas drilling and well
operating in an urban· setting, all wells and accessory equipment and structures may
be .inspected by the inspectors of the Town of Firestone at reasonable times to
detennine compliance with applicable provisions of this Chapter, the Unifonn Fire
Code, and the Unifonn Building Code. For the purpose of implementing and
enforcing the provisions of this Chapter, Town personnel have the right to enter upon
private property after reasonable notification to. the operator, which provides the
operator an opportunity to be present.
Inspection Fee.
1. For all wells within the Town, the inspection fee shall be $400.00 per well for
each year or part of a year during which such well has not been plugged and
abandoned. No inspection fee shall be due for any year following the year in
which a well is plugged and abandoned, unless a new Special Use Pennit is
granted with respect to such well. No inspection fee shall be due for any
calendar year in which the fee for an application for Special Use Pennit, as
provided in subsection E of section 15.48.030 hereof, is paid. Any inspection
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D.
E.
fee which becomes due and payable after January 1 of each year, shall be paid
by the Operator within thirty days after receipt of an invoice from the Town.
An Operator contesting the amount of the invoice may, upon payment of the
invoice under protest, appeal directly to the Town Board.
2. If the Operator fails to pay the inspection fee imposed by this Section when
due, a penalty of ten percent shall be added to the amount of the fee due,
together with interest on the amount due at the rate of one percent for each
· month or portion thereof for which the fee is unpaid. The Town Clerk may,
• in his or her sole discretion, waive the penalty for good cause shown.
3. The Town may recover in an action at law the amount of the inspection or
other fees and costs imposed by the provisions of this section 15.48.0~0.
penalty, and interest due and unpaid under this Chapter as well as all costs,
including attorney fees, incurred by the Town if it prevails in the enforcement
of this Chapter.
Use Tax.
All operators must conform to applicable provisions of the Firestone Municipal Code
relating ~o taxation.
Application Fee.
A nonrefundable fee of $1,000.00 shall accompany the application.
Sec. 15.48.040 · Application Elements. ·
An .application for a Special Use Permit pursuant to this Chapter shall be filed with
the Town Clerk and shall include the following information:
A. APPLICATION REQUIREMENTS -SITE PLANS. The site plans for a well site
submitted with an application for a use by special review shall be submitted on one or
more plats or maps, at a scale not less than 1 inch to 50 feet, showing the following
information:
1. The proposed location of· production site facilities or well site facilities
associated with the well in the event production is established, if applicable.
Future development of the resource shall be considered in the location of the
tank battery. Exis'ting tank batteries and transmission and gathering lines
within 660 feet of the well site shall be shown.
2. The Location of layout including, without limitation, the position of the
drilling equipment and related facilities and structures, if applicable.
3. True north arrow.
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4. Existing improvements,. if any, within a radius of 660 feet of the proposed
well.
5. Existing utility easements and other right-of-ways of record, if any, within a
radius of 660 feet of the proposed well.
6. Existing Irrigation or drainage ditches within 400 feet of the well-site or
production site, if any.
7. Applicant's drainage and erosion control plans for the well site or production
site and the area inunediately adjacent to such site, if applicable.
8. Location of access roads.
9. Well site or production site and existing lease.boundaries.
10. The names of abutting subdivisions or the names of owners of abutting,
unplatted property within 400 feet of the well site or production site.
11. The name and address of the operator and the name of the person preparing
the site plan or map.
B. APPLICATION REQUIREMENTS -VICINITY MAPS. The vicinity maps for a .
well site or production site submitted with an application for a use permitted by
special review shall be submitted on one or more plats or maps showing the following
information:
1. Location of all existing waterbodies and watercourses, including direction of
water flow. This information shall be submitted on USGS 7.5 minute series or
assessor base maps which indicate topographic detail and show all existing
waterbodies and watercourses with a physically defined channel within a 400
foot radius of the proposed well.
2. Location of existing oil and gas wells as reflected in. OGCC records. This
information shall be submitted on a map and shall include any and all wells
within a 1000 foot radius of the proposed location for the well.
3. Location of Drill Site -The information to be submitted shall be Commission
Form 2 and shall include the Parcel Tax Identification Number.
C. APPLICATION REQUIREMENTS -NARRATIVE. In addition to the site plans and
the vicinity map(s) required in Subsections A and B of this Section, the application
shall include the following:
1. The operator's and surface owner's names and addresses, copies of any
required OGCC Form 2 and designation of agent, if applicable.
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2. An Operating Plan.
3. A list of all pennits or approvals obtained or yet to be obtained. from local,
state or federal agencies other than OGCC.
4. An Emergency Response Plan that is mutually acceptable to the operator and
the appropriate fire district that includes. a list of local telephone numbers of
public and private entities and individuals to be notified in the event of an
emergency, the location of the well, and provisions for access by emergency
response entities.
5. A plan for weed control at the well site.
6. A Fire Protection Plan that is mutually acceptable to the operator .and the
appropriate fire district that includes planned . actions for possible emergency
events and any other pertinent infonnation. Prior to the application to the
Town, a proposed fire protection plan and emergency response plan shall be
submitted to and reviewed by the fire district.
7. Sanitary facilities must comply with Section 602(g) of the OGCC regulations.
Sec. 15.48.050 Review Criteria.
The Board of Trustees shall approve an · application for a use pennitted by special
review for a well site if the application submitted by the applicant confonns to the
. foUowing requirements:
A. The site plan(s) for a well site application comply with the requirements of
section 15.48.040.A of this Chapter.
B. The vicinity map(s) for a well site application comply with the requirements of
section 15.48.040.B of this Chapter.
C. The narrative for a well site application complies with the requirements of.
section 15.48.040.C of this Chapter.
D. The well location and setbacks comply with section 15.48.080 of this Chapter.
E. When applicable,' compliance with the provisions for mitigation of noise
required in section 15.48.100 of this Chapter.
F. When applicable, compliance with the provisions for visual special mitigation
required in section.15.48.110 of this Chapter.
G. When applicable, compliance with the provisions for geologic hazards, flood
plains, or floodway required in section 15.48.160 of this Chapter.
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H. When applicable, compliance with the prov1s10ns for wildlife mitigation
procedures required in section 15.48.180 of this Chapter.
I. The Board of Trustees' decision shall be based upon evidence presented in the
application and at public hearing. Following the conclusion of the public
hearing, the Board of Trustees may proceed to render its provisional decision
orally on the application, or it may take the matter under advisement until an
announced date certain not to exceed fourteen (14) days, at which time it shall
orally render its decision. In the event that an application is granted with
conditions the applicant may, within fourteen (14) days of the Board's
decision, request a rehearing to demonstrate that removal or modification of
one or more of the conditions is necessary to prevent waste or protect owners
of correlative rights in a common source to a fair share of production profits
or that the decision is otherwise inconsistent with state laws and regulations.
Following the Board of Trustees' oral announcement of its decision, and any
subsequent rehearing, a written resolution shall be adopted as its final action or
decision on the application. This written resolution shall set forth findings of
the Board of Trustees. Such written resolution shall be adopted within twenty-
one (21) days of the announcement of the Board of Trustees'· oral decision,
unless _the applicant requests rehearing, in which case the written resolution
shall be adopted within thirty (30) days of the oral decision. For the purposes
of judicial review, the Board of Trustees' final action or decision on an
application shall be deemed to have been made as of the date upon which the ·
Board of Trustees executes the written resolution, which shall constitute the
final decision of the Board of Trustees.
Sec. 15.48.060 Notice to Proceed:
Prior to commencement of operations for which a use permitted by special review has
been approved, a "Notice to Proceed" shall be obtained .from the Town Clerk. The
Town Clerk shall issue the "Notice to Proceed" upon receipt of the following:
A. A copy of the Resolution approving a use permitted by. special review for a
well or wells.
B. A copy of the approved site plan.
C. A copy of an approved extra legal vehicle or load permit issued by the Town
Clerk pursuant to the Firestone Municipal Code, if applicable.
D. Copies of any necessary state or federal permits issued for the operation, if not
previously submitted.
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Sec. 15.48.070 Building Permit.
Building pennits must be obtained for all above-ground structures to which the
Unifonn Building Code applies.
Sec. 15.48.080 Well Location and Setbacks.
A. All wells shall be set at a distance not less than the minimum setback allowed by
OGCC rules and regulations.
B. Notwithstanding the foregoing, but subject to the exception in subsection C hereof, in
an areas of the Town, the following apply:
1. A wellhead location shall be setback not Jess than 350 feet from any occupied
building or occupied building pennitted for construction and shall be setback
not less than seventy-five feet from any public right-of-way.
2. Production tanks and/or associated on-site production equipment shall be
setback not Jess than 350 feet from any occupied building or. occupied building
pennitted for construction and shall be setback not less than seventy-five feet
from any public right-of-way.
C. Location and setback requirements will be waived if an exception has been granted by
the Director pursuant to Rule 603(b) of the Commission, and a copy of waivers froni
each person owning an occupied building or building pennitted for construction within
three hundred fifty (350) feet of the proposed location is submitted as part of the
application for use by special review.
Sec. 15.48.090 Compliance with State Environmental Requirements.
The approval of an oil and gas special use pennit shall not relieve the operators from
complying with all current applicable state and federal regulations and standards concerning
air quality, water quality, and waste disposal.
Sec. 15.48.100 Noise Regulation and Special Mitigation Measures.
A. The approval of a special use pennit shall not relieve an operator from complying
with all applicable State laws and regulations concerning noise.
B. Exhaust from all engines, motors, coolers and other mechanized equipment shall be
vented in a direction away from all occupied buildings to the extent practicable.
C. Where a well and well site does not comply with the required setback or other
requirements of this Chapter or where the well and well site is in an area of particular
noise sensitivity, additional noise mitigation may be required. An area of particular
noise sensitivity includes but is not limited to the following: Hospitals, dwelling
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units, nursing homes, hotels, churches and designated wildlife preserves. In
determining noise mitigation, specific site characteristics shall be considered,
including but not limited io the following:
1. Nature, proximity, location and type of adjacent development;.
2. Prevailing weather patterns, including wind directions;
3. Vegetative cover on or adjacent to the site; or
4. Topography.
D. The level. of required mitigation may increase with the proximity of the well and well
site to areas of particular noise sensitivity or the level of noise emitted by the well
and well site. One or more of the following additional noise abatement measures may
be required:
1. Acoustically insulated housing or cover enclosing the motor or engine;
2. Noise management plan identifying hours of maximum noise emissions, type,
frequency, and level of noise to be emitted, and proposed mitigation measures;
or
3. Any abatement measures required by the Commission for high-density areas, if
applicable.
Sec. 15.48.110 Visual Impact/Aesthetics Regulation and Special Impact Measures.
A. Visual Impacts and Aesthetics
L To the maximum extent practicable, oil and gas facilities shall be located away
from prominent natural features, such as distinctive rock and land forms,
vegetative patterns, ditch crossings, Town-approved open space areas, and
other approved landmarks.
2. To the maximum extent practicable, oil and gas facilities shall be located to
avoid crossing hills and ridges or silhouetting.
3. To the maximum extent practicable, the applicant shall use structures of
minimal size to satisfy present and future functional requirements.
4. To the maximum extent practicable, when clearing trees and vegetation for
construction of oil and gas facilities, the applicant shall feather and thin edges
of vegetation.
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5. To the maximum extent practicable, the applicant shall locate facilities at the
base of slopes to provide a background of topography and/or natural cover.
6. The applicant shall replace earth adjacent to. water crossings at slopes less than
the normal angle of repose with the soil type of the site.
7. To the maximum extent practicable, the applicant shall. align access roads to
follow existing grades and minimize cuts and fills.
8. Facilities shall be painted as follows:
a. Uniform, non-contrasting, non-reflective _color-tones.
b. Color matched to land, not sky, slightly darker than adjacent landscape.
c. Exposed concrete colored to match soil color.
B. Special Mitigation Measures -Visual
Where a well or well site does not comply with the required setback or other
requirements of this Chapter, or in areas of increased visual sensitivity, such as a
location near an occupied subdivision, the applicant shall submit a visual mitigation
plan including one or more of the following standards, as appropriate:
1. To the maximum extent practicable, exterior lighting shall be directed away
from residential areas, or shielded from said areas to eliminate glare.
2. One or more of the following landscaping practices may be required, where .
practicable, on a site specific basis:
a. Establishment and proper maintenance of ground covers, shrubs, trees.
b. Shaping cuts and fills to appear as natural forms.
c. Cutting rock areas to create irregular forms.
d. · Designing the facility to utilize natural screens.
e. Construction of fences for use with or instead of landscaping.
C. Other Special Mitigation Measures
Applicant shall keep Town and private streets or roads reasonably free of mud or
other materials during drilling and completion operations and during well operations.
Applicant shall use its best efforts to keep the wellsite free of trash, litter and other
refuse during and ·at the completion of drilling and shall not in any case bury said
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trash. The Operator shall construct and manage pits in accordance with applicable
State and Federal regulations.
Sec. 15.48.120 Abandonment and Plugging of Wells.
The approval of a use permitted by special review shall not relieve the operator from
complying with all Commission rules with respect to abandonment and plugging of wells.
The operator shall provide the Town with Commission Form 4 at the time that it is filed with
the Commission. Applicant shall abandon flowlines in accordance with applicable State rules
and regulations.
Sec. 15.48.130 Seismic Operations.
The approval of a use permitted by special review shall not relieve the operator from
complying with all Commission rules and regulations with respect to seismic operations. All
notices which an operator is required to file with the Commission with respect to seismic
operations shall be filed with the Town on a timely basis. The Town shall comply with the
same confidentiality requirements which bind the Commission.
Sec. 15.48.140 Signage.
The approval of an oil and gas special use permit shall not relieve the operator from
· complying with all Commission rules with respect to signs. In addition, the operator shall
maintain in good, readable condition all signs required by Commission regulations.
Sec. 15.48.150 Reclamation.
The approval of a special use permit shall not relieve the operator from complying
with all Commission rules and regulations with respect to site reclamation.
Sec. 15.48.160 Geologic Hazard/Flood Plain/Floodway Location Restrictions.
All equipment at well sites and production sites in geological hazard and floodplain
areas shall be anchored to the extent necessary to resist flotation, collapse, lateral movement
or subsidence and to the extent necessary to comply with the Federal Emergency
Management Act.
Sec. 15.48.170 Access Roads.
,All private roads used to maintain access to the tank batteries or the well site shall be
improved and maintained according to the following standards:
A. Tanlc Battery Access Roads
Access roads to tanlc batteries shall be subject to review by the Town's engineer in
accordance with the following minimum standards:
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1. A graded gravel roadway having a prepared subgrade and an aggregate base
course surface a minimum of six (6) inches thick compacted to a minimum
density of 95 percent of the maximum density determined in accordance with
generally accepted engineering sampling and testing procedures. The
aggregate material, at a minimum, shall meet the requirements for Class 3,
Aggregate Base Course as specified for aggregate base course materials in the
Colorado Department of Transportation's "Standard Specifications for Road
and Bridge Construction," latest edition.
2. Graded so as to provided drainage from the roadway surface and constructed
to allow for cross drainage of waterways (such. as roadside swales, gulches,
rivers, creeks, and the like) by means of an adequate culvert pipe. Adequacy
of the pipe is subject to approval of the Town's engineer.
3. Maintained so as to provide a passable roadway reasonably free of ruts at all
times.
B. Well Head Access Roads -Access roads to wellheads shall be subject to review by
the Town's engineer in accordance with the following minimum standards:
1. A graded, dirt roadway compacted to a minimum density of 95 percent of the
maximum density deteqnined in accordance with generally accepted
engineering sampling and testing procedures, and approved by the Town's
engineer.
2. Graded so as to. provide drainage from the roadway surface and constructed to
allow for cross drainage of waterways by means of an adequate ·culvert pipe.
Adequacy of the pipe shall be subject to approval by the Town's engineer.
3. Maintained so as to provide a passable roadway generally free of ruts.
C. Public Access Roads
An extra-legal vehicle or load permit shall be required for all extra-legal vehicles or
loads as. defined in C.R.S. sections 42-4-401 through 411 which use Town streets.
Said permit, if required, shall be obtained from the Town Clerk prior to such use.
Applicant shall comply with all Town and state regulations regarding weight
limitations on streets within the Town and Applicant shall minimize extra legal truck
traffic on streets within the Town.
Sec. 15.48.180 Wildlife Impact Mitigation.
A. Wildlife
When a well site or production site is located within a designated moderate (blue) or
· high impact zone (red) on the 1987 Cumulative Impact Maps prepared by the Colorado
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Division of Wildlife, the applicant shall consult with the Colorado Division of Wildlife to
obtain recommendations for appropriate site specific and cumulative impact mitigation
procedures. The operator shall implement such mitigation procedures as are recommended
by the Colorado Division of Wildlife after consultation with the Town.
B. Endangered Species
The applicant shall not engage in activities which, in the opinion of the Colorado
Division of Wildlife, threaten endangered species.
Sec. 15.48.190 Emergencv Response Costs.
The operator shall reimburse the Town or the fire district for any emergency response
costs incurred by the Town or the fire district in connection with activity at the well site or
production site, except that the Operator shall not be required to pay for emergency response
costs where the response was precipitated by the mistake of the Town.
Sec. 15.48.200 Violation and Enforcement.
A. Unlawful to Construct or Install Unapproved Oil and Gas Facilities
Except as otherwise provided in this Chapter, it is unlawful to construct, install, or
cause to be constructed or installed, any oil and gas facility within the Town unless approval
has beeI\ granted by the Board of Trustees. The unlawful drilling or redrilling of any well or
the production therefrom is a violation of this Chapter.
B. Penalty
Any person, firm, corporation, or legal entity that constructs, installs, or uses, or
which causes to be constructed, installed, or used, any oil, gas, or injection well,. well site or
production site or commits any act or omission in violation of any provision of this Chapter
or of the conditions and requirements of the oil and gas Special Use Permit may be punished
by a fine of not more than one thousand dollars ($1,000), or by imprisonment for not more
than one (1) year, or by both such fine and imprisonment. Each day of such unlawful
operation constitutes a separate violation.
C. Civil Action
In case any building or structure is or is proposed to be erected, constructed,
reconstructed, altered, or used, or any land is or is proposed to be used, in violation of any
provision of this Chapter or the conditions and requirements of the oil and gas Special Use
Permit, the Town Attorney, in addition to the other remedies provided by law, ordinance, or
resolution, may institute an injunction, mandamus, abatement, or other appropriate action or
proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction,
reconstruction, alteration, or use.
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D. False or Inaccurate Information
The Board of Trustees may revoke an oil and gas Special Use Permit if it is
determined after an administrative hearing held on at least ten (10) days notice to the
applicant, that the applicant provided information ~nd/or do_cumentation upon which approval
was based, which the applicant, its agents, servants, or employees, knew, or reasonably
should have known, was materially false, misleading, deceptive, or inaccurate.
E. Prospective Application.
Unless specifically provided otherwise, this Chapter shall apply only to wells which
are di;illed in the Town on and after the date that this Chapter is adopted. The reentering of
a well in existence prior to the date of adoption of this Chapter for purposes of deepening,
recompleting, or reworking shall not require approval of a use permitted by special review.
F. Recovery of Fees.
Should the Town prevail in any action for legal or equitable relief for a violation of
the provisions of this Chapter, in addition to any other penalties or remedies which may be
available, the Town shall be entitled to recover any damages, costs of action, .expert witness
fees and reaso_nable attorney's fees incurred.
Section 2. Effective Date.
This Ordinance shall take effect as provided by law.
Section 3. Repealer.
' '
All ordinances or resolutions, or pans thereof, in conflict with this ordinance are
hereby repealed, provided that such repealer shall not repeal the repealer clauses of such
ordinance nor revive any ordinance thereby.
Section 4. Severability.
If any provision of this Ordinance is found by a court of competent jurisdiction to be
invalid, the remaining provisions of this Ordinance will remain valid, it being the intent of
the Town of Firestone that the provisions of this Ordinance are severable.
Section 5. Savings Clause.
The repeal or modification of any provision of the Firestone Municipal Code by this
ordinance shall not release, . extinguish, alter, modify, or change in whole or in part any
penalty, forfeiture, or liability, either cjvil or criminal, which shall have been incurred under
such provision, and each provision shall be treated and held as still remaining in force for the
purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the
enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining
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any judgment, decree, or order which can or may be rendered, entered, or m~de in such
actions, suits, proceedings, or prosecutions.
· . INTRODU~D, REA!), ADOPTED, APPROVED, AND ORDERED PUBLISHED
IN FULL this~ day of ~-✓. , 1995. . · ' .
Attest:
Trudy Peterson
Town Clerk
. . . .
. TOWN OF FIRESTONE, COLORADO
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Rick Patterson
Mayor . . .
..
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(2546398 B-1604 P-374 05/05/1997 ll:49A PG 1 OF 3 REC DOC I
W_eld Courty CO ____ _JA_Suki Tsul<a!)ICJ_to Clerk_J,__!~cCJrder 16.0Q __ ~--
ORDINANCE NO. ,:2/ f
AN ORDINANCE APPROVING AN ANNEXATION, KNOWN AS THE
GILLESPIE ANNEXATION, TO THE TOWN OF FIRESTONE, COLORADO
WHEREAS, a petition for annexation of certain unincorporated
property, to be known as the Gillespie Annexation, and described in
Exhibit · A attached hereto, has been filed with the Board of
Trustees of the Town of Firestone; and
WHEREAS, the owners of one hundred percent of the area,
exclusive of streets and alleys, have petitioned for annexation to
the Town; and
WHEREAS, the Town is desirous of annexing the described
property; and
WHEREAS, four (4) copies of an annexation map of the area, as
required by law, were filed with the Board of Trustees; and
WHEREAS, not less than one-sixth of the perimeter of the area
proposed to be annexed is contiguous with the Town of Firestone as
required by C.R.S. §31-12-104; and
WHEREAS, a community of interest exists between the area
proposed to be annexed and the Town of Firestone; and
WHEREAS, the area proposed to be annexed is urban; and
WHEREAS, the area proposed to be annexed is integrated with or
is capable of being integrated with the Town of Firestone; and
WHEREAS, the annexation of the territory proposed to be
annexed will not result in the detachment of area from any school
district; and
WHEREAS, 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; and
WHEREAS, the Town has a plan in place, pursuant to C.R.S. §31-
12-105 (1) (e) ; and
WHEREAS, the Council, by resolution, has determined that the
petition is in substantial compliance with the applicable laws of
the State of Colorado, that the area proposed to be annexed is
eligible for annexation, and further has determined that an
election is not required, and further found that no additional
terms and conditions are to be imposed upon said annexations except
any provided for in said petitions.
1
2546398 B-1604 P-374 05/05/1997 ll:49A PG 2 OF 3
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The annexation to the Town of Firestone of the
property described in Exhibit A attached hereto and incorporated
herein by this reference is hereby approved and annexed to the Town
of Firestone.
Section 2. The annexation of said territories is subject to
the conditions provided for in the petitions for annexation of said
properties filed with the Town of Firestone.
Section 3. This ordinance is deemed necessary for the
protection of the health, welfare and safety of the community.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this ~day of '71~4., . , 1995.
Trudy Peterson
Town Clerk
110895/94J[sar}c:fireston\gilannex.ord
2
TOWN OF FIRESTONE, COLORADO
Rick Patterson
.Mayor
p
. [2546398 B-1604 P-374 05/05/1997 11:49A PG 3
EXHIBIT A
to
OF 3
TOWN OF FIRESTONE, COLORADO
ORDINANCE NO. .!J J 'J
7
)
Legal Description of a tract of land being a portion of-the Nonh~ast Quarter of Section: 30
Township 2 ~~• Range 67 West of the 6th Principal Meridian, Weld County, Colorado being
more panicularly described as follows:
Beginning at1the North Quarter Comer of said Section 30 and considering the North line of the
Northeast Quarter" of said Section 30 as bearing North 90°00'00" East and with all bearings
s·
contalned herein relative thereto; thence along said North line Nonh 90°00'00" East 660.21 feet;
thence departing said Nonh line South 00°36' 10" East 30,00 feet to a point on the South right-of-
way line of County Road 18; said point being the TRUE POINT OF BEGINNING; thence along
said right-of-way line Nonh 90°00'00" East 1950.55 feet to a point on the West right-of-way line
of County Road 15;. thence along said right-of-way line South 00°28'48" East 1,437.29 feet to
a point on the Northerly line of that ccnain parcel of land described in deed, recorded in Book
767, under Reception Number 1688928, records of said county; thence along the Nonh, West and
South lines of said parcel the following 3 courses and distances: Nonh 90°00'00" West 300.00
feet; thence South 00°28'48" East 528.00 feet; thence Nonh 90°00'00" EaSt 300.00 feet to a
point on the West right-of-way line of said County Road 15; thence along said right-of-way line
South 00°28'48" East 645.61 feet to a point on the East-West centerline of said Section 30;
thence along said East-West centerline South 89°40'54" West 1,615.73 feet to n point on the East
line of Globe Subdivision Second Filing according to the plat on file in the office of lhc clerk
and recorder, records of said County and as evidenced by monuments in the field; !hence along
said East line Nonh 00°34'57" West 662.94 feet to a point on the Nonh line of said Globe
Subdi~isi~n Second Filing; thence along said ~onh line South 89°46'25" West 329.38 feet to a
point on the East line of said Globe Subdivision Second Filing; thence along said East line and
along the East line of Globe Addition to the Town of Firestone according to the plat on file in
the office of the clerk and recorder, records of said County North 00°36'10" West 1958.29 foct
to the TRUE POINT OF BEGINNING.
The above described parcel contains 108.332 acres !?ore or less.
\
;'t, ' . ~" . .-~ __ ,( ·--~·· i, '-';,
r--'--, l 3q9 J •. ·-·-';,.-------------~--------,. _____ -~·----
: 2546399 B-1604 P-375 05/05/1997 11 :49A PG 1 OF 6 REC
·~
DOC l
'\Weld County _CO~~-· JA Suki Tsukamoto Clerk & Recorder_3_L.QQ_~~--.-)
ORDINANCE NO. J/9
AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF
FIRESTONE AND KNOWN AS THE GILLESPIE ANNEXATION
WHEREAS, a petition for annexation of certain property,
described in Exhibit A attached hereto and known as the Gillespie
Annexation, was filed with the Board of Trustees of the Town of
Firestone; and·
WHEREAS, said property was annexed to the Town by ordinance on
November 9, 1995; and
WHEREAS, the Board of Trustees must provide for the zoning of
said property; and
WHEREAS, the Board of Trustees provided notice of the public
hearing on said zoning by publication as provided by law; and
WHEREAS, no protests were received by the Town pursuant to
C.R.S. §31-23-305; and
WHEREAS, the landowners of said property requested a mixed use
residential zoning classification in the petition to annex said
property; and
WHEREAS, a mixed use residential zoning classification is
consistent with the Town's plan for the area; and
WHEREAS, the Firestone Planning
Board of Trustees' s approval of
classification.
Commission recommended the
a mixed use residential
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. That certain property known as the Gillespie
Annexation, the legal description of which is set forth in Exhibit
A attached hereto and incorporated herein by this reference, is
hereby zoned as set forth below and more particularly as shown on
the map attached hereto as Exhibit B, pursuant to the zoning
ordinances of the Town, and the Town zoning map shall be amended
accordingly.
The following territory is zoned R-1-UD:
The Areas designated as Areas A, Band E, and
areas designated as Open Space, on the Map
attached hereto as Exhibit B.
The following territory is zoned R-2-UD:
1
(
l2546399
--~ ---~ ----~---
B-1604 P-375 05/05/1997 11:49A PG 2 OF 6 l
The Areas designated as Areas C and Don the
Map attached hereto as Exhibit B.
Section 2. The zoning of property set forth in Section 1
requires the submission of a u_nit development proposal for Town
approval pursuant to Chapter 17.36 of the Firestone Municipal Code.
The zoning of the property shall therefore be subject to the
submission of a unit development proposal which shall contain the
following development standards, as requested by the landowner,
unless otherwise approved through the unit development process:
1. The following density standards and requirements shall be
applicable to specified Areas as shown on the Map attached hereto
as Exhibit B: .
AREA DENSITY YIELD
(dwelling units per acre) (maximum number of units)
A 5.2 92 units
B 2.0 8 units
C 8.0 80 units*
D 6.0 142 units
E 2.9 91 units
Open Space 0 0
* The number of apartment dwelling units shall be limited
to the lesser of 80 units or 10% of the total number of
dwelling units within the Town.
Section 3. This ordinance is deemed necessary for the
protection of the health, welfare and safety of the community.
INTRODUCED, READ, AD~~ED, APPROVED, AND ORDERED PUBLISHED IN
FULL this E._tfd.ay of fh,,~ , 1995.
Att~ )
C -, ~ ~
T. L.Peerson
Town Clerk
121595/lOSO[sar]firestone\gillzone.ord
2
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
EXHIBIT A
to
TOWN OF FIRESTONE, COLORADO
ORDINANCE NO. ,J; f
2546399 B-1604 P-375 05/05/1997 ll:49A PG 3 OF 6
3
----~----------------------------------~
12546399 B-1604 P-375 05/05/1997 ll:49A PG 4 OF 6
LEGAL DESCRIPTION
Legal Description of a tract of land being a portion of the Northeast Quarter of Section 30
· Township 2 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado being
more particularly described as follow,:
Beginning at the North Quarter Corner of said Section 30 and considering t"he North line of th_e
Northeast Quarter of said Section 30 as bearing North 90'00'00" East and with all bearings
contained herein relative thereto: thence along said North_ line North 90'00'00" East 660.21 feel;
thence deporting sold North line South 00'36'10" East 30'.00 feet to a point on the South rlght-of-
woy line of County Road 18; said point being the TRUE POINT OF BEGINNING; thence along
sold right-of-way line North 90'00'00" East 1950.55 feet to a point on the West right-of-way line
of County Rood 15: thence along said right-of-way line South 00'28'48" East 1,437.29 feet to
a point on the Northerly line _of that certain parcel of land described in deed, recorded in Book
767, under Recepllon Number 1688928, records of sold county; thence along the North, West and
Scuth lines of said parcel the following 3 courses and distances: North 90'00'00" West 300.00
feet; thence South 00'28'48" East 528.00 feet; thence North. 90·00·00· East 300.00 feet to a
point on the West right-of-way line of said County Road 15; thence along said right-of-way line
South 00'28'48" Eost 645.61 feet to a point on the East-West centerline of said Section 30;
thence along said East-West centerline South 89'40'54" West 1,615.73 feel ta a point on the East·
line of Globe Subdivision Second Filing according to the plot on file In the office of the clerk
an:! recarder, records of said County and as evidenc_ed by monuments in the field; thence along
said East line North 00'34'57" West 662_94 feet to a point on the North line of sold Globe
Subdivision Second Filing; thence along said North line South 89'46'25" West 329.38 feet to a
point on the East line of said Globe Subdivision Second FIiing: thence along said East line and
along the East line of Globe Addition to the Town of Firestone according lo the plat on file In
the office of the clerk and recorder, records of said County North 00'36'10·· West 1958.29 feet
lo the TRUE POINT OF BEGINNING.
The above described parcel contains 108.332 acres more or less.
KNOW ALL MEN BY THESE PRESENTS that Parmer A. Gillespie Jr. being the sole owner
and Tom L. Russell ond Margaret I. Russell being the Lelnholders of the land described hereon
hove caused said land to be laid out and annexed _under the name of Gillespie Annexation to the
Town of Firestone.
O\'d>IER: PARMER A. GILLESPIE, JR.
,-~--
EXHIBIT B
to
TOWN OF FIRESTONE, COLORADO
ORDINANCE NO. $ I "j
i 2546399 B-1604 P-375 05/05/1997 11 :49A PG 5 OF 6
4
• ' .
TO
GILLESPIE
THE TOWN
ANNEXATION
OF FIRESTONE
BEING A PORTION OF THE NORTHEAST QUARTER
OF SECTION 30, TOWNSHIP 2 NORTH, RANGE 67 WEST
OF THE 6th P.M,, WELD COUNTY, COLORADO.
2546399 B-1604 P-375 05/05/1997 11:49A PG 6 OF 6
TO'M'-1 OF FREDERICK
HATCH = CONTIGUITY TO THE TOWN OF FIRESTONE
2950.61' X 6 = 17,703.66 TOTAL ALLOWABLE PERIMETER
RUSSELL ANNEXATION PERIMETER = 9727. 79'
" .
: ._•' ' '· .•' _:!".-'..
ORDINANCE NO. Jj_j
AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF
FIRESTONE AND KNOWN AS THE GILLESPIE ANNEXATION
WHEREAS, a petition for annexation of certain property,
described in Exhibit A attached hereto and known as the Gillespie
Annexation, was filed with the Board of Trustees of the Town of
Firestone; and·
WHEREAS, said property,was annexed to the Town by ordinance on
November 9, 1995; and
WHEREAS, the Board of Trustees must provide for the zoning of
said property; and
WHEREAS, the Board of Trustees provided notice of the public
hearing on said zoning by publication as provided by law; and
WHEREAS, no protests were received by the Town pursuant to
C.R.S. §31-23-305; and
WHEREAS, the landowners of said property requested a mixed use
residential zoning classification in the petition to annex said
property; and
WHEREAS, a mixed use residential zoning classification is
consistent with the Town's plan for the area; and
WHEREAS, the Firestone Planning
Board of Trustees's approval of
classification.
Commission recommended the
a mixed use residential
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. That certain property known as the Gillespie
Annexation, the legal description of which is set forth in Exhibit
A attached hereto and incorporated herein by this reference, is
hereby zoned as set forth below and more particularly as shown on
the map attached hereto as Exhibit B, pursuant to the zoning
ordinances of the Town, and the Town zoning map shall be amended
accordingly.
The following territory is zoned R-1-UD:
The Areas designated as Areas A, Band E, and
areas designated as Open Space, on the Map
attached hereto as Exhibit B.
The following territory is zoned R-2-UD:
1
The Areas designated as Areas C and Don the
Map attached hereto as Exhibit B.
Section 2. The zoning of property set forth in Section 1
requires the submission of a unit development proposal for Town
. approval pursuant to Chapter 17.36 of the Firestone Municipal Code.
The zoning of the property shall therefore· be subject to the
submission of a unit development proposal which shall contain the
following development standards, as requested by the landowner,
unless otherwise approved through the unit development process:
1. The following density standards and requirements shall be
applicable to specified Areas as shown on the Map attached hereto
as Exhibit B:
DENSITY YIELD
(dwelling units per acre) (maximum number of units)
A
B
C
D
E
Open Space
5.2
2.0
8.0
6.0
2.9
0
.92 units
8 units
80 units*
142 units
.91 units
0
* The number of apartment dwelling units shall be limited
to the lesser of 80 units or 10% of the total number of
dwelling units within the Town.
Section 3 . This ordinance is deemed necessary for the
protection of the health, welfare and safety of the community.
INTRODUCED, READ, ADOP1ED, APPROVED, AND ORDERED PUBLISHED IN
FULL this .i:i!....!t:day of lfff:C1'.-,-,y!~ , 1995.
T. L. Pef.erson
Town Clerk
121595/lCSO(sar]firestone\gillzone.ord
2
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
EXHIBIT A
to
TOWN OF FIRESTONE, COLORADO
ORDINANCE NO. ..J; o/
3
LEGAL DESCRIPTION
Legal Description of a tract of land being a portion of the Norlheosl Quarter of Section 30
· Township 2 North, Range 67 West of the 6th Prlnclpol Meridian, Weld County, Colorado being
more particularly described as follows:
Beginning ol the North Quarter Corner of said Section 30 and considering the North line of the
Northeast Quarter of safd Section 30 os bearing North 90·00·00· East and with all bearings
contained herein relative thereto; thence along said North line North 90'00'00" East 660.21 feet;.
thence departing said North line South 00'36'10" East 30'00 feel to a point on the South rfght-of-
way line of County Road 18; said point being the TRUE POINT OF BEGINNING; thence along
said right-of-way line North 90'00'00" East 1950.55 feel to a point on lhe West rlghl,..,af-woy line
of County Rood 15; thence along said right-of-way line South 00'28'48" East 1,437.29 feet lo
a point on the Northerly line of that certain parcel of land described in deed, recorded In Book
767, under Reception Number 1688928, records of said county; thence along the North, West and
South lines of said parcel the following 3 courses and dislonces: North 90'00'00" West 300.00
feel; thence South 00'28' 48" East 528.00 feet; thence North 90·00·00· East 300.00 feet lo a
point on the West right-of-way line of said County Rood 15; thence along said right-of-way line
South 00'28'48" East 645.61 feel lo a point on the Eosl-Wesl centerline of said Section 30;
thence along said Easl-Wesl centerline South 89'40'54" West 1,615.73 feel lo a point on the East•
line of Globe Subdivision Second FIiing according lo the plot on file In the office of the clerk
and recorder, records of said County and as evidenced by monuments in the field; thence along
sold East line North 00'34'57" West 662.94 feel lo a point on the North line of sold Globe
Subdivision Second FIiing; thence along soid North line South 89'46'25" West 329.38 feel lo a
point an the East line of sold Globe Subdivision Second FIiing; thence along said East line and
along the East line of Globe Addition lo the Town of Firestone according lo the plot on file In
the office of the clerk and recorder, records of said County North 00'36'10" West 1958.29 feel
to the TRUE POINT OF BEGINNING.
The above described parcel contains 108.332 acres fllOre or less.
KNOW ALL MEN BY THESE PRESENTS !hot Parmer A. Gillespie Jr. being the sole owner
and Tom L. Russell and Margaret I. Russell being the Lelnholders of the land described hereon
hove caused soid land lo be laid out and annexed under lhe name of Gillespie Annexation to the
Town of Firestone.
Ov.NER: PARMER A. Glll.£SPIE, ,.R
• t ,, •
EXHIBIT B
to
TOWN OF FIRESTONE, COLORADO
ORDINANCE NO. $ / o/
4
TO
GILLESPIE
THE TOWN
ANNEXATION
OF FIRESTONE
BEING A PORTION OF THE NORTHEAST QUARTER
OF SECTION 30, TOWNSHIP 2 NORTH, RANGE 67 WEST
OF THE 6th P.M., WELD COUNTY, COLORADO.
TO'M-4 Of fREOERICK
0 M
l'"SZ-i
HATCH = CONTIGUITY TO THE TOWN OF FIRESTONE
2950.61' X 6 = 17,703.66 TOTAL ALLOWABLE PERIMETEi
RUSSELL ANNEXATION PERIMETER = 9727.79'
''ll1T 11firr.;.1n rr")r rnrn rr:cr 1r'1-J·nr i..r 'l'.:1(1 n1t1 -:1.1nnn1r,1\n,rr,n1117\
ORDINANCE NO.~
TOWN OF FIRESTONE, COLORADO
AN ORDINANCE 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 1996 BUDGET YEAR.
WHEREAS, the Board of Trustees has adopted the annual budget in accordance
with the Local Government Budget Law, on December 14, 1995, and;
WHEREAS, the Board of Trustees has made provision therein for revenues in
an amount equal to the total proposed expenditures as set forth in said
budget, and;
WHEREAS, it is required by law that the revenues and expenditures comply
with Amendment 1, adopted by the voters of the State of Colorado on
November 3, 1992, and
WHEREAS, it is not only 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 ORDAINED 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, to each fund, for the purposes stated:
General Fund
Total General Fund $326,242
Park Fund
Total Park Fund $11,650
Conservation Trust Fund
Total Conservation Trust Fund $ 7,500
Street and Highway Fund
Total Street and Highway Fund $106,204
Water Fund
Total Water Fund $225,437
APPROVED, ADOPTED, SIGNED, ANO ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
OF THE TOWN OF FIRESTONE, COLORADO, THIS FOURTEENTH DAY OF DECEMBER, 1995.
TOWN OF FIRESTONE, COLORADO
Mayor
ATTEST:
Town Clerk
-Ztl -
ORDINANCE NO.
AN ORDINANCE EXTENDING THE CURRENT CABLE TELEVISION FRANCHISE FOR
A PERIOD OF ONE YEAR.
WHEREAS, by Ordinance No. 160 dated February 10, 1981, the
Town granted a cable television franchise which is currently held
by TCI Cablevision of Colorado, Inc.; and
WHEREAS, the term of the cable television franchise is fifteen
years and the Town and TCI Cablevision of Colorado, Inc. desire to
temporarily extend the term of the cable television franchise for
a period of one year to allow additional time to proceed with the
franchise renewal process; and
WHEREAS, the Town has provided public notice and held a public
hearing as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The Town hereby approves the temporary extension
of the Cable Television Franchise granted by Ordinance No. 160,
which franchise is currently held by TCI Cablevision of Colorado
Inc., as successor in interest thereto, for a period of one year
from its present expiration date of February 10, 1996 to February
10, 1997.
INTRODUCED, READ, AND ORDERED PUBLISHED IN
FULL this //.-bday of~~-~4-------' 1996.
·~
Trudy Peterson
Town Clerk
020296/1122[lab]c:fireston\catvext.ord
TOWN OF FIRESTONE, COLORADO
Mayor
1
ORDINANCE NO.
AN/ORDINANCE EXTENDING THE CURRENT CABLE TELEVISION FRANCHISE FOR
A PERIOD OF ONE YEAR.
WHEREAS, by Ordinance No. 160 dated February 10, 1981, the
Town granted a cable television franchise which is currently held
by TCI Cablevision of Colorado, Inc.; and
WHEREAS, the term of the cable televis{on franchise is fifteen
years and the Town and TCI Cablevision of Colorado, Inc. desire to
temporarily extend the term of the cable television franchise for
a period of one year to allow additional time to proceed with the
franchise renewal process; and
WHEREAS, the Town has provided public notice and held a public
hearing as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The Town hereby approves the temporary extension
of the Cable Television Franchise granted by Ordinance No. 160,
which franchise is currently held by TCI Cablevision of Colorado
Inc., as successor in interest thereto, for a period of one year
from its present expiration date of February 10, 1996 to February
10, 1997.
INTRODUCED, READ,~OPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this /~ day of '"',!:'""2«<'-'<"'&"'~"ll'------' 199f{£. . p" I
Trudy Peterson
Town Clerk
120795/1641[lab]c:fireston\catvext.ord
1
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
2520154 B-1577 P-25
Weld County CO
11/13/96 12:55P PG 1 OF 4
JA Suki Tsukamoto Clerk & Recorder
ORDINANCE NO.
REC OOC
21.00
AN ORDINANCE APPROVING AN ANNEXATION, KNOWN AS THE
DOLLAGHAN ANNEXATION, TO THE TOWN OF FIRESTONE, COLORADO
WHEREAS, a petition for annexation of certain unincorporated
property consisting of three parcels to be annexed in a series, to
be known as the Dollaghan Annexation, and described in Exhibit A
attached hereto, has been filed with the Board of Trustees of the
Town of Firestone; and
WHEREAS, the owners of one hundred percent of the area,
exclusive of streets and alleys, have petitioned for annexation to
the Town; and
WHEREAS, the . Town is desirous of annexing the described
property; and
WHEREAS, four (4) copies of an annexation map of the area, as
required by law, were filed with the Board of Trustees; and
WHEREAS, not less than one-sixth of the perimeter of the area
proposed to be annexed is contiguous with the Town of Firestone as
required by C.R.S. §31-12-104, which contiguity may be established
by the annexation of the parcels described in Exhibit A.in a series
and which may be completed simultaneously; and
WHEREAS, a community of interest exists between the area
proposed to be annexed and the Town of Firestone; and
WHEREAS, the area proposed to be annexed is urban; and
WHEREAS, the area proposed to be annexed is integrated with or
is capable of being integrated with the Town. of Firestone; and
WHEREAS, the annexation of the territory proposed to be
annexed will not result in the detachment of area from any school
district; and
WHEREAS, 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; and
WHEREAS, the Town has a plan in place, pursuant to C.R.S. §31-
12-105 (1) (e); and
WHEREAS, the Council, by resolution, has determined that the
petition is in substantial compliance with the applicable laws of
the State of Colorado, that the area proposed to be annexed is
eligible for annexation, and further has determined that an
1
1 2520154 B-1577 P-25 11/13/96 12:55P PG 2 OF 4
election is not required, and. further found that no additional
terms and conditions are to be imposed upon said annexations except
any provided for in said petitions.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The annexation to the Town of Firestone of the
property described in Exhibit A attached hereto and incorporated
herein by this reference in a series is hereby approved and annexed
to the Town of Firestone.
Section 2. The annexation of said territories is subject to
the conditions provided for in the petitions for annexation of s.aid
properties filed with the Town of Firestone.
Section 3. This ordinance is deemed necessary for the
protection of the health, welfare and safety of the community.
FULL
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
t.his -~ day of &..#'«-<4" , 1996.
TOWN OF FIRESTONE, COLORADO
Mayor
Town Clerk
011096/938[sar]c:fireston\dolannex.ord
2
2520154 B-1577 P-25 11/13/96 12:55P PG 3 OF 4
EXHIBIT A
to
TOWN OF FIRESTONE, COLORADO
ORDINANCE NO. _jj{;{
LEGAL DESCRIPTION
DOLLAGHAN ANNEXATION NO. 1:
THAT PORTION OF SECTIONS 1 7 AND 18, TOWNSHIP 2 NORTH, RANGE 67 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 18; THENCE
ALONG THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 18
SOUTH 0C 0 00'02" WEST 1321.77 FEET TO THE NORTHEAST CORNER OF THE
SOUTHEAST ONE-QUARTER CF THE SOUTHEAST ONE-QUARTER OF SAID SECTION
18; THENCE SOUTH 89°56'54" EAST 30.00 FEET; THENCE SOUTH 00°00'02"
WEST 1291.86 FEET; THENCE NORTH 89°46'11" WEST 30.00 FEET TO A
POINT ON THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION
18, WHENCE THE SOUTHEAST·CORNER THEREOF BEARS SOUTH 00°00'02" WEST
30.00 FEET; THENCE NORTH 88°46'05" WEST 30.00 FEET; THENCE .ALONG
THE EAST LINE OF THE LAWSON ANNEXATION TO FIRESTONE NORTH 00°00'02"
EAST 1291.68 FEET; THENCE NORTH 00°00'02" EAST 1321.69 FEET; THENCE
PARALLEL WITH THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID
SECTION 18 NORTH 00°51'27" WEST 1201.50 FEET; THENCE SOUTH 89°04'36"
EAST 30. ,)0 FEET; THENCE ALONG THE EAST LINE OF SAID NORTHEAST ONE-
QUARTER SOUTH 00°51'27" EAST 1201.50 FEET TO THE POINT OF
BEGINNING, CONTAINING 3.516 ACRES MORE OR LESS.
DOLLAGHAJ.~ ANNEXATION NO. 2:
THAT POR~ION OF SECTION 7, 8, 17 AND 18, TOWNSHIP 2 NORTH, RANGE 67
WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 18; THENCE
ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 18
NORTH 00°51'27" WEST 1201.50 FEET; THENCE NORTH 89°04'36" WEST 30.00
FEET; THENCE NORTH 00°51'27" WEST 1438.56 FEET TO A POINT ON THE
SOUTH LINE OF SAID SECTION 7, THENCE PARALLEL WITH AND 30.00 FEET
WEST OF THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION
7 NORTH 01°15'00" EAST 2698.55 FEET TO A POINT ON THE EAST-WEST
CENTERLINE OF SAID SECTION 7; THENCE PARALLEL WITH THE EAST LINE OF
THE NORTHEAST ONE-QUARTER OF SAID SECTION 7 NORTH 01 °14' 53 11 EAST
1009.61 FEET; THENCE SOUTH 89°17'35" EAST 30.00 FEET TO A POINT ON
THE EAST' LINE OF SAID SECTION 7, WHENCE THE NORTHEAST CORNER
THEREOF BEARS NORTH 01°14'53" EAST 1649.77 FEET; THENCE CONTINUING
1
" . ' , ..
2520154 B-1577 P-25 11/13/96 12:55P PG 4 OF 4
-------
SOUTH 89°17'35 11 EAST 30.00 FEET; THENCE SOUTH 01°14'53 11 WEST 1009.47
FEET; THENCE SOUTH 89°34'00 11 EAST 20.00 FEET; THENCE SOUTH 01°15'00 11
WEST 2698.10 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 17;
THENCE PARALLEL WITH AND 50.00 FEET EAST OF THE WEST LINE OF SAID
SECTION 17 SOUTH 00°51'27 11 EAST 2640.14 FEET; THENCE SOUTH 89°52'49 11
WEST 1.00 FEET; THENCE SOUTH 00°00'02 11 WEST 1321.92 FEET; THENCE
NORTH 89°56' 56 11 WEST 49. 00 FEET TO THE NORTHEAST CORNER OF THE
SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION
18; THENCE NORTH 00°00' 02 11 EAST 1321. 77 FEET TO THE POINT OF
BEGINNING, CONTAINING 11.854 ACRES MORE OR LESS.
DOLLAGHAN ANNEXATION NO. 3:
THAT PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 8 AND THAT
PORTION OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO , AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 7, WHENCE
. THE SOUTHEAST CORNER OF SAID SECTION 7 BEARS SOUTH 01°15' 00 11 WEST
2595.58 FEET; THENCE ALONG THE EAST-WEST CENTERLINE OF SAID SECTION
7 NORTH 89°17'35 11 WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE
SOUTH 01°15'00 11 WEST 2668.33 FEET; THENCE PARALLEL WITH AND 30.00
FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST. ONE-QUARTER OF
SECTION 7 NORTH 89°14'06 11 WEST 2591.36 FEET ; THENCE PARALLEL WITH
AND 30.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER
NORTH 89°28' 42 11 WEST 2130 .14 FEET TO A POINT ON THE EASTERLY RIGHT-
OF-WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE ALONG SAID RIGHT-
OF-WAY LINE THE FOLLOWING SEVEN COURSES AND DISTANCES; NORTH
00°17'10 11 EAST 597.52 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE
ALONG THE ARC OF SAID CURVE (SAID CURVE HAVING A RADIUS OF 3719.5
FEET; A CENTRAL ANGLE OF 29°48'00 11 , CHORD OF SAID ARC BEARS NORTH
15'11' 10 11 EAST 1912. 96 FEET) A DISTANCE OF 1934. 70 FEET; THENCE
NORTH 30°05' 10" EAST 255. 90 FEET; THENCE ALONG THE EAST-WEST
CENTERLINE OF SAID SECTION 7, NORTH 8 9°17'35 11 WEST 2 8. 6 9 FEET;
THENCE NORTH 30°05'10 11 EAST 1550.16 FEET; THENCE ALONG THE NORTH
LINE OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER, SOUTH
89°13'55 11 EAST 28.67 FEET; THENCE NORTH 30°05'10 11 EAST 1513.90 FEET
TO A POINT 30. 00 SOUTH OF TEE NORTH LINE OF THE NORTHWEST ONE-
QUARTER OF SAID SECTION 7; THENCE LEAVING SAID EASTERLY RIGHT-OF-
WAY LINE SOUTH 89°10'20 11 EAST 59.01 FEET TO A POINT ON THE NORTH-
SOUTH CENTERLINE OF SAID SECTION 7; THENCE PARALLEL WITH AND 30.00
FEET SOUTH OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 7, SOUTH
88°24'44 11 EAST 2640.29 FEET TO A POINT ON THE EAST LINE OF SAID
NORTHEAST ONE-QUARTER; .THENCE SOUTH 89°35'00 EAST 30.00 FEET;
THENCE PARALLEL WITH SAID EAST LINE SOUTH 01°14' 53 ;, WEST 1619. 92
FEET; THENCE NORTH 89°17'35 WEST 60.00 FEET; THENCE SOUTH 01°14'53
WEST 1009.61 FEET TO THE POINT OF BEGINNING, CONTAINING 491.766
ACRES MORE OR LESS.
2
ORDINANCE NO.
AN ORDINANCE REPEALING AND REENACTING SECTIONS 13. 08. 010 .A AND
13.08.020 OF THE FIRESTONE MUNICIPAL CODE PERTAINING TO WATER RATES
AND CHARGES FOR THE TOWN OF FIRESTONE, COLORADO.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. Subsection A of Section 13.08.010 of the Firestone
Municipal Code is repealed and reenacted, with amendments, to read
as follows:
13.08.010 Water connection charges. A. There is imposed a
· capital investment charges, and repair charge and connection
charges, for residential, commercial and industrial uses, payable
upon issuance of a building permit by the Town. Such charges shall
be paid to the Town in an amount as established from time to time
by resolution of the Board of Trustees.
Section 2. Section 13.08.020 of the Firestone Municipal Code
is repealed and reenacted, with amendments, to read as follows:
13. 08. 020 Water service charges. There are imposed and
charged rates and rentals for the use of water measured through a
meter, per month, from any of the water lines, water mains or water
system of the Town, be paid to the Town in an amount as established
from time to time by resolution of the Board of Trustees.
Section 3. The repeal or modification of any provision of
the Municipal Code of the Town of Firestone by this ordinance shall
not release, extinguish, alter, modify, or change in whole or in
part any penalty, forfeiture, or liability, either civil or
criminal, which shall have been incurred under such provision, and
each provision shall be treated and held as still remaining in
force for the purpose of sustaining any and all proper actions,
suits, proceedings, and prosecutions for the enforcement of the
penalty, forfeiture, or liability, as well as for the purpose of
sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actions, suits, proceedings, or
prosecutions.
Section 4. If any portion of this ordinance is held to be
invalid for any reason, such decision shall not affect the validity
of the remaining portions of this ordinance. The Board of Trustees
hereby declares that it would have passed this ordinance and each
part hereof irrespective of the fact that any one part be declared
invalid.
1
INTRODUCED, READ, .l'illOPTED, APPROVED., AND ORDERED PUB LI SHED IN
FULL this £ day of ,;;r'.-,,..1,,,1"::'.7 . , 19.96.
~ .L.Pete1son
Town Clerk
021496/1519[sar]c:fireston\waterate.orC
2
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 17 OF THE FIRESTONE MUNICIPAL CODE AS
FOLLOWS: ENACTING A NEW CHAPTER 17. 22 ENTITLED "PLANNED UNIT
DEVELOPMENT" ADOPTING PLANNED UNIT DEVELOPMENT REGULATIONS;
REPEALING AND REENACTING CHAPTER 17. 44 PERTAINING TO ZONING AND
REZONING APPLICATIONS; MAKING RELATED CONFORMING AMENDMENTS TO
CERTAIN OTHER SECTIONS OF TITLE 17; AND DECLARING AN EMERGENCY.
WHEREAS, the Board of Trustees has chosen to initiate an
amendment to the zoning ordinances of the Town to provide for
"Planned Unit Developments" pursuant to the Planned Unit
Development Act of 1972, Article 67, Title 24, C.R.S.; and
WHEREAS, the Board of Trustees finds and determines that
provisions for Planned Unit Developments are necessary to further
the public health, safety, integrity, and general welfare for the
purposes set forth in C.R.S. §24-67-102; and
WHEREAS,· in connection with the adoption of Planned Unit
Development regulations it is necessary to make· conforming
amendments to other provisions of Title 17 of the Firestone
Municipal Code; and ·
WHEREAS, the Board of Trustee finds and determines that it is
proper and necessary to amend Chapter 17. 44 of the Firestone
Municipal Code pertaining to zoning and rezoning applications, in
order to provide for uniform notice and hearing procedures on
zoning matters including PUD applications; and
WHEREAS, all required notices and public hearings concerning
this ordinance have been provided; and
WHEREAS, the Board of Trustees declares that an emergency
exists because of the need to zone certain lands subject to pending
annexation within the time required by law and the desire of the
Town to provide for a PUD zoning designation on such lands, and
this ordinance shall take effect upon adoption and signing by the
Mayor if approved by three-fourths of the members of the Board of
Trustees.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
section 1.
Code is amended
and D, to read:
Section 17.04.020 of the Firestone Municipal
by the addition of the following new subsections C
1
......
17.04.020 General applications.
c. Planned Unit Developments. Each application for zoning
or rezoning of property over two acres in size shall be submitted
and considered in accordance with Chapter 17. 22, Planned Unit
Development, of this Title.
D. Firestone Development Regulations. The Board of Trustees
shall from time to time adopt development regulations by
resolution. Such regulations shall establish standards and
procedures, not inconsistent with this Title, relating to zoning
and development matters within the Town and implementing the
provisions of this title. Such regulations shall be known as the
Firestone Development Regulations. All applicants for zoning,
rezoning or development shall be advised as to the existence of
such regulations, and a copy thereof shall be made available to
such applicants.
section 2. Section 17.12.010 of the Firestone Municipal
Code is amended by the addition of a new subsection O, and by the
addition of a concluding paragraph to appear at the end of said
section, to read as follows:
17.12.010 Establishment of zoning districts.
o. PUD -Planned Unit Development. This district provides for
planned unit developments of either single or multiple uses. ·
After March 14, 1996, no land shall b.e zoned or rezoned as an
R-1-UD, R-2-UD, or R-3-UD zone district and no unit development
plan approved pursuant to Chapter 17.36 may be amended or altered
except pursuant to the procedures set forth in Chapter 17. 22
relating to planned unit developments.
section 3. Title 17 of the Firestone Municipal Code is
amended by the addition of a new Chapter 17.22 entitled "Planned
Unit Development" to read as follows:
Chapter 17.22
PLANNED UNIT DEVELOPMENT
Sections:
17.22.010 Intent.
17.22.020 General Provisions.
17.22.030 PUD Zoning.
17.22.040 Size of a PUD.
17.22.050 Application --Outline Development Plan.
17.22.060 ODP Review and Processing.
17.22.070 Final Development Plan.
17.22.080 Conditions and Standards for Approval.
2
17.22.090 Amendments to the Outline Development Plan.
17.22.100 Amendments to the Final Development Plan.
17.22.110 Recording of Amendments.
17,22.120 Temporary Structures.
17.22.130 Control of Development.
17.22.140 Variances.
17.22,010 Intent. Pursuant to Planned Unit Development Act of
1972, Article 67 of Title 24, C.R.S., the Planned Unit Development
("PUD") zoning district is created as an alternative to
conventional land use regulations in order that the public health,
safety, integrity and general welfare may be furthered in the era
of increasing urbanization and growing demand for housing of all
types and designs for the following purposes:
A. To provide for necessary commercial, recreational, and
educational facilities conveniently located to such housing;
B. To provide for well-located,
industrial sites involving minimum
facilities;
clean,
strain
safe, and pleasant
on transportation
C. To ensure that the provisions of the Town zoning laws
which direct the uniform treatment of dwelling type, bulk, density,
and open space within each zoning district will not be applied to
the improvement of land other than lot-by-lot development in a
manner which would distort the objectives of the zoning laws;
D. To encourage innovations in residential, commercial, and
industrial development and renewal so that the growing demands of
the population may be met by greater variety in type, design, and
layout of buildings and by the conservation and more efficient use
of open space ancillary to said buildings;
E. To encourage a more efficient use of land and public
services, or private services in lieu thereof, and to reflect
changes in the technology of land development so that the resulting
economies may enure to the benefit of those who need homes;
F. To lessen the burden of traffic on streets and highways;
G. To encourage the building of "new towns" incorporating
the best features of modern design;
H. To conserve the value of the land;
I. To provide a procedure which can relate the type, design,
and layout of residential, commercial, and industrial development
to the particular site, thereby encouraging preservation of the
site's natural characteristics; and
3
J. To encourage integrated planning in order to a_chieve the
above purposes.
17.22.020 General Provisions. A. Planned unit developments
provide for the opportunity for a mixed and multiple use district
where both residential neighborhoods and non-residential areas can
be comprehensively planned and developed. All major categories of
land use including industrial, office, commercial, residential,
public and open space have the potential to be present in a PUD.
B. Where applicable, it is the intent of this Chapter that
subdivision review under the subdivision regulations in Title 16 of
this Code be coordinated with and carried out simultaneously with
the review of a PUD under this Chapter.
17.22.030 PUD Zoning.
A. The following types of planned unit developments may be
established:
1. PUD Zone District. A PUD Zone District may be
established by zoning land as a PUD Zone District either through a
rezoning process or by the initial zoning of land at the time of
annexation. Commercial, office, public, residential, agricultural,
conservation and open space land uses are permitted in a PUD zone
district as specified in the Firestone Development Regulations. An
Outline Development Plan ("ODP") must be submitted at the time the
PUD zoning is requested. A Final Development Plan ("FDP") must be
submitted for that portion of the PUD for which building or further
development is being proposed.. A FDP may be submitted in lieu of
an ODP at the time of zoning or rezoning as a PUD if concurrent
building or development is also being applied for on the entire
property being zoned or rezoned. The requirements for an ODP and
an FDP are as set forth in this Title and as stated in the
Firestone Development Regulations.
2. PUD Overlay District. A PUD Overlay District may be
established in an existing zoning district by overlaying a
development plan over the applicable existing zoning district or
districts. When a PUD is established in this manner, only the
principal permitted uses and permitted accessory uses of the
underlying zoning district are permitted in the PUD. When a PUD is
established using the overlay procedure, the development must
follow the applicable review procedures for approval of an ODP or
an FDP. A zoning change is not required for an overlay and the
property retains its original zoning classification subject to the
provisions of the approved PUD for the property.
B. The maximum permissible density within a PUD Zone
District shall be determined based upon the land uses proposed for
the development and shall be based upon the density standards for
types of uses as specified in the Firestone Development
4
Regulations. The maximum permissible density within a PUD Overlay
District shall be the density permitted in the underlying zoning
district as set forth in Chapter 17.16 of this Title for
residential districts, and as set forth in Chapter 17.20 of this
Title for commercial and industrial districts. However, such
density requirements may be altered through the approval process of
the planned unit development if the spirit and intent of the
development criteria contained in Section 17.22.080 are met and if
the Board of Trustees finds that the development plan contains
areas allocated for usable open space or common park area in excess
of public use dedication requirements, or that the alteration is
warranted by the amenities incorporated in the development plan,
and the needs of residents for usable and functional open space,
parks and buffer areas can be met.
17.22.040 Size of a PUD. There shall be no minimum size for
a PUD District. Unless otherwise approved, all property which is
two acres or more shall be developed as a PUD Zone District or a
PUD Overlay District.
17.22.050 Application
application requirements for a
Section and as described in the
Outline Development Plan. The
PUD shall be as set forth in this
Firestone Development Regulations.
A. Pre-application conference. Prior to filing an
application for approval of a PUD District, a preapplication
conference shall be held with the Town planning department to
acquaint the applicant with Town development procedures and related
requirements, and to obtain copies of pertinent documents and
application materials.
B. Application submission. The applicant shall make
application to the Town for approval of a PUD. A PUD application
may be made at regularly scheduled meetings. The application shall
be accompanied by an outline Development Plan ("ODP") as specified
in this Section and the Firestone Development Regulations. The ODP
shall include an ODP map and a written textual statement and such
other forms or additional relevant information as deemed necessary
. by the Board of Trustees.
c. outline Development Plan Map. The ODP map shall contain
at least the following information:
1. Title block, scale, north arrow and vicinity map.
2. The location of streets, and other circulation
systems with notes specifying general conditions such as
right-of-way width and access control, and other pertinent
factors when applicable.
3. Proposed land uses and their respective acreage.
5
4. Existing · structures and features with notes
specifying whether they are to remain.
5. Existing and proposed utiliti.es and easements.
6. The existing topographical character of the land.
D. Outline Development Plan Text. The ODP written textual
statement shall contain the following information:
1. Title block.
2. Approval blocks for the Planning Commission and
Board of Trustees.
3. A statement of preseht ownership and · legal
description of the land within the PUD.
4. A statement of technical consultants preparing the
plan.
5. A statement of the character and development concept
of the PUD and of how the PUD has been planned to take
advantage of the PUD regulations.
6. An identification and description of land use and
transportation and their impacts upon existing land use and
transportation systems.
7. The location of and impact on significant natural
features and environmental components such as trees, wetlands,
wildlife, streams, floodplains, and historical and
archaeological sites.
8. A general description of utilities and public
services necessary to serve the PUD.
9. The location, size and description of existing and
proposed public and semipublic uses both dedicated and other.
10. The density of residential land uses and type of
dwellings, if applicable.
11. A statement specifying maximum building height.
12. A land use table summarizing use, acreage, and
density of each sub-district of the PUD.
13. A general statement of the expected schedule of
development and any proposed phasing.
6
14. A description of any agreements, conveyances,
restrictions or covenants which will govern the use,
maintenance, and continued protection of the PUD and any of
its park, open space, common area or joint _ownership area.
17.22.060 ODP Review and Processing. The ODP application
shall be processed in accordance with the Firestone Development
Regulations. The Planning Commission and the Board of Trustees
shall provide notice and hold .a public hearing on the ODP
application in the manner prescribed by Chapter 17. 44 for the
amendment or change of zoning ordinances.
17.22.070 Final Development Plan. A Final Development Plan
("FDP"), which may reflect the entire development as delineated on
the ODP or any logical portion thereof, must be submitted following
the approval of the ODP. The FDP shall include FDP maps and
drawings and a written textual statement and such other forms as
required by the Town.
A. Final Development Plan maps and drawings. The following
FDP maps and drawings, insofar as applicable, shall be required and
shall contain the minimum information specified in this Section and
the Firestone Development Regulations:
1. Site plan. The FDP site plan shall at least contain
the following:
a. Title block, scale, north arrow and vicinity
map.
b. Identification of · present ownership and
developer if different from owner.
c. Location, size, first floor elevations of all
existing and proposed buildings and structures.
d. Proposed land uses and their respective acreage
within the PUD.
e. Location, dimension and surfacing, if
applicable, of all existing and proposed streets, rights-
of-way, drives, parking areas, pedestrian ways, service
areas including trash disposal areas, outdoor storage
areas, and easements.
f. Location of all existing and proposed points of
ingress and egress to the property, proposed. turning
movements to and from streets, and median cuts.
g. Location and dimension of lot lines, setback
lines, parks, open space and other areas dedicated for
public use.
7
h. Location, height and size of proposed lighting,
signs, advertising devices, and mailboxes.
i. The maximum height of all buildings.
j. Location and screening of all utilities.
k. A delineation of the 100 year floodplain and
floodway.
2. Environmental site plan. The FDP environmental site
plan shall at least contain the following:
a. Location of all existing and proposed
structures within the FDP and within 150 feet· of its
external boundary.
b. Existing forested or uniquely vegetated areas
to remain after development.
c. Location of any existing major wildlife habitat
or migration routes.
d. The
environmental,
paleontological
location of
historical,
features.
3. Grading plan.
significant natural,
archaeological, or
4. · Landscape plan. A FDP landscape plan showing
spacing, sizes, and specific types of landscaping materials
shall be submitted.
5. Proposed architectural elevations.
6. Cross sections as required by the Firestone
Development Regulations,
7. Utility plans. Utility plans shall be submitted for
all major utilities and drainage facilities showing necessary
easements including but not limited to, water, sanitary sewer,.
storm sewer, gas, telephone and electrical.
8. Transportation plan as required by the Firestone
Development Regulations.
9. The following technical studies and reports shall be
submitted with the FDP maps:
a. Soils report;
b. Drainage study;
8
c, Traffic study.
B. Final Development Plan text. The FDP written textual
statement shall contain the following information:
1. Title block, legal description, submittal date,
identification of present ownership and developer if different
from owner, and identification of technical consultants.
2. A statement of the character and development concept
of the PUD.
3. A land use table showing building coverage and
square footage, and providing the percentage of paved, open
space, and landscaped areas in relation to gross area of the
FDP.
4. A statement of assessment and mitigation for the
preservation or other special treatment of significant
natural, environmental, historical, archaeological, or
paleontological features.
5. Copies of any agreements, agreements, conveyances,
restrictions or covenants which will govern the use,
maintenance, and continued protection of the PUD and any of
its park, open space, common area or joint ownership area.
6. A development schedule setting forth the timing and
phasing, if any, for construction of the development.
7. A general description of signs and lighting devices
indicating type, size, material, color and text.
8. Approval block for the Board of Trustees.
c. The FDP shall be processed in accordance with the
Firestone Development Regulations. The Planning Commission and the
Board of Trustees shall provide notice and hold a public hearing on
the FDP submittal in the manner prescribed by Chapter 17.44 for the
amendment or change of zoning ordinances.
17. 22. 080 Conditions and Standards for Approval. The Planning
Commission and the Board of Trustees may approve a PUD application
if it meets the intent of this Chapter and complies with the Town
Code and other controlling regulations and documents, including the
development standards specified in the Firestone Development
Regulations. The Planning Commission and Town Board shall consider
the following in making their decision for approval, approval with
conditions, or denial of a PUD:
9
A. The proposed PUD district is compatible with present
development in the surrounding area, and will not have a
significant, adverse effect on the surrounding area;
B. The proposed .PUD district is consistent with the public
health, safety and welfare, as well as efficiency and economy in
the use of land and its resources;
C. The proposed PUD district is consistent with the overall
direction and intent of this Chapter, and the intent and policies
of the Town's comprehensive plan and other pertinant policy
documents of the Town;
D. The proposed PUD district provides for a creative and
innovative design which could not otherwise be achieved through
other standard zoning districts.
E. The exceptions from the zoning regulations requested in
the proposed PUD are warranted by virtue of innovative design and
amenities incorporated in the PUD district.
F. The FUD provides adequate circulation in terms of the
internal street circulation system, designed for the type of
traffic generated, for separation from living areas, convenience,
safety, access, and noise and exhaust control. Proper circulation
in parking areas has been provided in terms of safety, convenience,
separation and screening. The PUD provides for buffering from
collector and arterial streets through earthen berms, landscaping,
and other methods.
G. The FUD provides functional open space in terms of
practical useability and accessibility, and optimum preservation of
natural features, including trees and drainage areas, recreation,
views, natural stream courses, bodies of water and wetlands.
H. To the extent practicable, the PUD provides variety in
terms of housing types, housing size, densities, facilities and
open space.
I. The PUD provides for pedestrian and bicycle traffic in
terms of safety, separation, convenience, access, destination and
attractiveness. If possible, there shall be an internal pedestrian
circulation system separate from the vehicular system such that
allows access to adjacent parcels, parks, open space, or
recreational facilities within the FUD as well as links to trail
systems of the Town.
J. Building types in terms of appropriateness to density,
site relationship and bulk.
K. Building design in terms of orientation, spacing,
materials, color, texture, storage, signs and lighting.
10
L. Landscaping of the site in terms of purpose, such as
screening, types and materials used, maintenance suitability, water
demands and effect on the area.
M. Services including utilities, fire, police protection and
other such services are available or can be made available to
adequately serve the development.
N. No structures in the PUD shall encroach on a floodplain
except as permitted by the Town's floodplain ordinance.
o. No occupied structure shall be located on ground showing
severe subsidence potential without adequate design and study
approved by the Town.
P. Visual relief and variety of visual sitings shall be
located within the PUD through building placement, shortened or
interrupted street vistas, visual access to open space and other
design methods.
17.22.090 Amendments to an Outline Development Plan. A. An
amendment to the ODP development plan is a change in zoning
district classification and shall follow the same procedures set
out in this Chapter pertaining to the approval of an ODP. The
Planning Director may authorize minor changes in the overall
development plan that do not:
1. Alter the basic relationship of the proposed
development to adjacent property;
2.
3.
height;
4.
or
Change the uses permitted;
Increase the maximum density, ·floor area ratio, or
Decrease the amount of required off-street parking;
5. Reduce the minimum yards required at the boundary of
the site.
B.
shall be
Trustees
Planning
Any administrative approvals granted under this Section
transmitted to the Planning Commission and the Board of
for their information by written memorandum from the
Director.
17. 22. 100 Amendments to the Final Development Plan. A.
Except as provided below, no changes may be made in the approved
FDP except upon application and approval by the Board of Trustees
under the same procedures and requirements as specified for the
initial submittal of a FDP. The Planning Director may, at the
11
Director's sole discretion, approve an amendment to a FDP, provided
that the amendments are orily:
1. Architectural. Minor changes in the color: exterior
appearance; lot coverage; screening of outdoor storage areas;
or location, siting and height of buildings, structures, or
divisional walls if required for engineering reasons or other
circumstances not foreseen at the time the FDP was approved.
No change authorized by this paragraph may increase or
decrease the dimensions of any building or structure by more
than 10 percent or permit an accessory structure whose size is
greater then 10 percent of the area of the principal building
or structure.
2. Landscaping and Site Features. Changes in plant
materials, minor alterations in the location of plantings,
changes in plant quantities or sizes, changes to the location
of internal sidewalks, or changes in location of parking
spaces if required for engineering reasons or other
circumstances not foreseen at the time the FDP was approved.
No change authorized by this paragraph may increase or
decrease landscaping or sidewalks by more than 10 percent.
B. Any changes which are approved shall constitute an
amendment to the FDP.
C. Any administrative amendments authorized by the Planning
Director shall be transmitted to the Planning Commission and Board
of Trustees for their information by written communication from the
Planning Director.
17. 22 .110 Recording of Amendments. Any changes which are
approved for an ODP or an FDP shall constitute and amendment
thereto and must be on file with the Town and noted as amendments
to the ODP or FDP. Any administrative amendments authorized by the
Planning Director shall be transmitted to the Planning Commission
and Board of Trustees for their information by written
communication from the Planning Director.
17. 22 .120 Temporary Structures. The Planning Director may
approve temporary structures for an FDP to be present onsite for a
period of up to 24 months. The structure must be removed at the
end of the approval period and the site returned to the approved
FDP requirements. In no event shall any property owner acquire a
vested right to maintain such temporary structure beyond the 24
month period provided in this Section.
17.22.130 Control of Development. After the planned unit
development has been approved, the use of land and the
construction, modification or alteration of any buildings or
structures within the planned unit development will be governed by
the approved ODP and FDP rather than the other provisions of this
12
Title. The approved ODP shall constitute the zoning document for
the planned unit development, and the approved FOP shall govern all
land development within such PUD zone.
i7.22.130 Variance. Notwithstanding any other provision of
this Chapter, the Board of Adjustment has the power to hear and
decide, grant or deny applications for variances on individual lots
from the provisions of an approved planned unit development except
for use variances.
Section 4. Chapter 17.44 of the Firestone Municipal Code
is repealed and reenacted with amendments to read as follows:
Chapter 17.44
ZONING AND REZONING APPLICATIONS
Sections:
17.44.010 Generally.
17.44.020 Applications --Applicants.
17.44.030 Applications --Information Required.
17.44.040 Quasi-judicial matters --Generally.
17.44.050 Hearings --Notice --Procedure --Records.
17.44.060 Criteria for Zoning or Rezoning Approval.
17.44.070 Planning Commission: Decision.
17.44.080 Zoning or Rezoning Ordinance Scheduling.
17.44.090 Public record.
17.44.100 Board of Trustees: Decision.
17. 44. 010 Generally. The procedure for changing the
boundaries, area, or classification of any zoning district of the
Town, as shown on the Town zoning map shall be as hereinafter
provided and as prescribed by the Firestone Development
Regulations, Costs, and fees, related to zoning applications and
review shall be adopted from time to time by resolution of the
Board of Trustees and set forth in the Firestone Development
Regulations.
17.44.020 Applications--Applicants. Application for any
amendment, supplement or change to any zoning district, as shown on
the Town zoning map, may be made at regularly scheduled meetings by
the Board of Trustees, the Planning Commission, or by the property
owner or the property owner's duly authorized representative.
17.44.030 Applications--Information Required. Applications
for any such amendments, supplements or changes shall contain the
following information and shall provide such additional information
and materials as specified in the Firestone Development
Regulations:
A. Name and address of applicant;
13
B. An accurate legal description of the property included in
the application;
C. The name and address of all persons having any legal or
equitable interest in the property to be zoned or rezoned;
D. The location of the property with reference to streets
and addresses, if any;
E. Present zoning, if any;
F. The requested zoning or rezoning;
G. A statement of the reasons for requesting the zoning or
rezoning;
H. The application shall be signed by the applicant or the
duly authorized representative of the applicant;
I. The application shall be accompanied by a fee in an
amount as set forth in the Firestone Development Regulations,
payable to the Town of Firestone.
17.44.040 Quasi-judicial Matters --Generally. All matters
relating to the zoning or rezoning of property within the corporate
limits shall be deemed quasi-judicial in nature except amendments,
supplements or changes which are generally applicable in effect,
terms or context, which shall be deemed legislative in character
and not quasi-judicial.
17.44.050 Hearings --Notice --Procedure --Records. All
public hearings shall be conducted under procedures designed to
insure all interested parties due process of law and shall, in all
cases, provide for the following:
A. The Planning Commission shall provide to the Board of
Trustees a recommendation on the zoning application. A public
hearing before the Planning Commission shall be held prior to
submitting its recommendation or report. The Board of Trustees
shall then complete a public hearing on the zoning application.
B. Notices of the time, place and subject matter of the
hearing shall be published once in a newspaper of general
circulation in the Town at least fifteen days prior to the hearing
date of the Planning Commission and at least fifteen days prior to
the hearing date of the Board of Trustees.
c. The Town Clerk shall place the application on the agenda
of . a meeting of the Planning Commission and of the Board of
Trustees, and shall give notice thereof in writing, in person, or
by mail to the applicant, which notice shall contain a statement of
the date, time, and place of the meeting of the Planning Commission
14
and the Board of Trustees at which such application shall be
considered.
D. The applicant shall, fifteen days or more before the date
of the Planning Commission hearing, mail by certified or registered
mail, return receipt requested, notice of such meeting to all
owners of legal or equitable interests in the land, and owners of
adjoining property within three hundred feet of the outside
boundaries of the property as shown by the application, and shall
file proof of such mailing, and/or return receipts received, with
the Commission at the time of the hearing.
E. Notice of the requested zoning application and of the
holding of such hearing shall be posted on the property at least
fifteen days in advance of such hearing. The specifications for
such posting shall be as described in the Firestone Development
Regulations.
F. The administration of oaths to all parties or witnesses
who appear for the purpose of testifying upon factual matters.
G. The right to be represented by counsel.
H. The right to present and rebut testimony and evidence.
I. The right of a party in interest to cross-examine other
persons giving testimony, provided that:
1. Such right is asserted at the meeting in which the
person is giving testimony;
2. Such right is asserted at the first available
opportunity.
J. A record of the hearings produced by the Town, whether by
electronic or stenographic reproduction. Any party who submits
evidence or testimony shall be entitled to listen to the electronic
reproduction of the proceedings at reasonable times, places and
circumstances, and shall be entitled to a copy of the transcript of
the proceedings, or any portion thereof, upon ·payment of a
reasonable fee.
K. The right, insofar as possible, to have the members of
the Planning Commission and the Board of Trustees free from
personal interest or a pre-hearing contact on quasi-judicial
matters heard by them. At the commencement of the hearing, any
member of the Planning Commission or the Board of Trustees who has
a substantial interest in the subject matter of the zoning or
rezoning matter to be heard, or who has been unable to avoid a
pre-hearing contact with the applicant, or any interested party
with respect to the subject matter of the zoning or rezoning matter
to be heard, shall reveal such substantial interest or such
15
pre-hearing contact. If, in the opinion of that member, such
interest or contact impairs the member's ability to vote on the
matter, the member shall so state and shall abstain therefrom to
the end that the proceeding shall be fair and shall have the
appearance of fairness.
L. The right to a written decision setting forth the
findings of facts and conclusions, with the reasons or basis for
the decision, on the material and relevant issues presented on the
record.
M. The provisions set forth in this section shall be applied
uniformly in all quasi-judicial hearings.
17. 44. 060 Criteria for Zoning or Rezoning Approval. The
burden of proof is placed upon the applicant seeking to justify his
application. . Zoning and rezoning applications shall be granted
only if the following criteria, to the extent applicable, have been
met:
A. Granting the request is in the public interest; the
greater the departure from present land use patterns, the greater
the burden of the applicant;
B. The public interest is best served by granting the
application for zoning or rezoning, and further that such public
interest is best served by granting the application at the time of
hearing;
c. The proposed action fully accords with the applicable
goals and policies of the community development plan or other
applicable goals and policies of the Planning Commission or Board
of Trustees;
D. The factors listed in Section 31-23-303, C.R.S., were
consciously considered. These factors include: To lessen congestion
in the streets; to secure safety from fire,, panic, floodwaters,
and other dangers; to promote health and general welfare; to
provide adequate light and air; to prevent the overcrowding of
land; to avoid undue concentration of population; to facilitate the
adequate provision of transportation, water, sewage, schools,
parks, and other public requirements. other factors include
reasonable consideration, among other things, as to the character
of the area and its peculiar suitability for particular uses, and
with a view to conserving the value of buildings and encouraging
the most appropriate use of land throughout the Town;
E. There has been a change in the neighborhood or community
or a mistake in the planning or zoning of the land, and as
presently zoned is inconsistent with the applicable goals and
policies of the community development plan or it is in the public
interest to encourage redevelopment of the area.
16
17.44.070 Planning Commission: Decision. A. Within 60 days
after filing a complete application and any required materials,
notice shall be provided and the Planning Commission shall hold a
public hearing unless the applicant requests or consents to a
longer period of time. Upon completion of the hearing, the
Planning Commission shall, after commission discussion, vote on the
matter. Any motion must briefly state the findings of fact and
conclusions of the Planning Commission with reference to the
relevant and material evidence and testimony supporting such
findings of fact and conclusions.
B. The Planning Commission may vote to either recommend
approval, approval with modifications, or denial of the
application. If the Planning Commission approves an application
with modifications the applicant shall make such modifications to
the required text, maps, studies, etc. before the Planning
Commission Chairman shall sign any necessary approval blocks.
c. Notwithstanding subsection B of this Section, and as
alternatives to subsection B of this Section, the Planning
Commission may act in accordance with the following upon a vote of
the majority of the members present: ·
1. Make a decision and vote on the date of hearing,. but
request the Town Attorney to prepare findings of fact and
conclusions for approval and adoption at the next regular
meeting; or
2. Defer a decision and direct the Town Attorney to
prepare findings of fact and conclusions to be submitted to
the Planning Commission at its next regular meeting, with
final deliberation, decision and adoption of the findings of
fact and conclusion at that meeting; or
3. Defer a decision until a date certain as is mutually
agreed upon by the applicant and the Planning Commission by
which time the record and all evidence can be reviewed. At
that time the Planning Commission can either vote to recommend
approval, approval with modifications or denial of the
application, adopt findings of fact and conclusions, or direct
the Town Attorney to prepare findings of fact and conclusions
for adoption at the next regular meeting after the meeting to
which the matter has been deferred.
17.44.080 Zoning or Rezoning Ordinance--Scheduling. No later
than sixty (60) days after recommendation of the Planning
Commission, notice shall be provided and the Board of Trustees
shall hold a public hearing. If the recommendation of the Planning
Commission is to approve or grant the proposed zoning or rezoning,
the Town Clerk shall place an ordinance embodying the proposed
rezoning on the agenda of a meeting of the Board of Trustees.
17
17. 44. 090 Public Record. The findings of fact and conclusions
and recommendations of the Planning Commission, responses to
referrals, and recommendations of planning staff shall be submitted
to the Town Clerk immediately after the final decision of the
Planning Commission and shall become a part of the record of the
case before the Board of Trustees. The same shall be considered to
be a public record and available in the office of the Town Clerk
for examination by any person from the time of filing during
regular business hours, including the members of the Board.
17. 44 .100 Board of Trustees: Decision. A. Upon completion of
the hearing, the Board of Trustees shall, after board discussion,
vote on the matter. Any motion must briefly state the findings of
fact and conclusions of the Board of Trustees with reference to the
relevant and material evidence and testimony supporting such
findings of fact and conclusions.
B. The Board shall vote to approve, approve with
modifications, or deny the application. If the Board approves an
application with modifications the applicant shall make such
modifications to the required text, maps, studies, etc. before the
Mayor shall sign any necessary approval blocks.
C. Notwithstanding subsection B of this Section, and as
alternatives to subsection B of this Section, the Board may act in
accordance with the following upon vote of the majority of the
members present:
1. Make a decision and vote on the date of hearing, but
request the Town Attorney to prepare findings of fact and
conclusions for approval and adoption at the next regular
meeting; or
2. Defer a decision and direct the Town Attorney to
prepare findings of fact and conclusions to be submitted to
the Board of Trustees at its next regular meeting, with final
deliberation, decision and adoption of the findings of fact
and conclusion at that meeting; or
3. Defer a decision until a date certain as is mutually
agreed upon by the applicant and the Board of Trustees by
which time the record and all evidence can be reviewed. At
that time the Board of Trustees can either vote to approve,
approve with modifications, or to deny the application, adopt
findings of fact and conclusions, or direct the Town Attorney
to prepare findings of fact and conclusions for adoption at
the next regular meeting after the meeting to which the matter
has been deferred.
sections.
Ordinance shall be
imprisonment not
Any person who violates any provision of this
punished by a fine of not more than $1,000 or by
to exceed 1 year or both such fine and
18
imprisonment. Each day during any portion of which any violation
of any provision of this ordinance is committed, continued, or
permitted by any such person shall be a separate offense.
Section 6. The Board of Trustees herewith finds,
determines, and declares that this ordinance is necessary for the
immediate preservation of the public health and safety in order to
permit the zoning of certain lands subject to pending annexation
and seeking a PUD zoning designation within the time required by
law and this ordinance shall take effect upon adoption and signing
by the Mayor if approved by three-fourths of the members of the
Board of Trustees.
section 7. If any portion of this ordinance is held to be
invalid for any reason, such decision shall not affect the validity
of the remaining portions of this ordinance. The Board of Trustees
hereby declares that it would have passed this ordinance and each
part hereof irrespective of the fact that any one part be declared
invalid.
section a. The repeal or modification of any provision of
the Firestone Municipal Code by this ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any
penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision
shall be treated and held as still remaining in force for the
purpose of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty,
forfeiture, or liability, as well as for the purpose of sustaining
any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or
prosecutions.
Section 9. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
conflict.
INTRODUCE~, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this J,f day of '--#/4,,u.,,,?, , 1996.
19
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
Attest:
~ T. L. Peterson
Town Clerk
031196/1317[tat]c:FIRESTON\pudt17.ord
20
ORDINANCE NO.
AN ORDINANCE APPROVING AN ANNEXATION, KNOWN AS THE COUNTY
ROAD BUSINESS PARK ANNEXATION, TO THE TOWN OF FIRESTONE,
COLORADO, AND DECLARING AN EMERGENCY
WHEREAS, a petition for annexation of certain unincorporated
property, to be known as the County Road Business Park Annexation,
and described in Exhibit A attached hereto, has been filed with the
Board of Trustees of the Town of Firestone; and
WHEREAS, the owners of one hundred percent of the area,
exclusive of streets and alleys, have petitioned for annexation to
the Town; and
WHEREAS, the Town is desirous of annexing the described
property; and
WHEREAS, four (4) copies of an annexation map of the area, as
required by law, were filed with the Board of Trustees; and
WHEREAS, not less than one-sixth of the perimeter of the area
proposed to be annexed is contiguous with the Town of Firestone as
required by C.R.S. §31-12-104; and
• WHEREAS, a community of interest exists between the area
proposed to be annexed and the Town of Firestone; and
WHEREAS, the area proposed to be annexed is urban; and
WHEREAS, the area proposed to be annexed is integrated with or
is capable of being integrated with the Town of Firestone; and
WHEREAS, the annexation of the territory proposed to be
annexed will not result in the detachment of area from any school
district; and
WHEREAS, 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; and
WHEREAS, the Town has a plan in place, pursuant to C.R.S. §31-
12-105 (1) (e); and
WHEREAS, the Board of Trustees, by resolution, has determined
that the petition is in.substantial compliance with the applicable
laws of the State of Colorado, that the area proposed to be annexed
is eligible for annexation, and further has determined that an
election is not required, and further found that no additional
terms and conditions are to be imposed upon said annexations except
any provided for in said petitions; and
2481735 B-1538 P-375 03/20/96-03:06P PG-1
,Weld County CO Clerk & Recorder
. --REC DOC
16.00
WHEREAS, the Board of Trustees declares that an emergency
exists because of the need to accommodate the construction schedule
of the annexor for a new business facility on the annexed property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The annexation to the Town of Firestone of the
property described in Exhibit A attached hereto and incorporated
herein by this reference is hereby approved and annexed to the Town
of Firestone.
Section 2. The annexation of said territory is subject to the
conditions provided for in the petition for annexation of said
property filed with the Town of Firestone.
Section 3. The Board of Trustees herewith finds, determines,
and declares that this ordinance is necessary to the immediate
preservation of the public health and safety in order to
accommodate the construction schedule of the annexor for a new
business facility on the annexed property. This ordinance shall be
effective upon adoption and approval by the Mayor.
INTROD,TJ,~, READ, ¥JOPJ'J:Jl, APPROVED, AND ORDERED PUBLISHED IN
FULL this ~day of '----;;Y/1'~ , 1996.
T. L. Peterson
Town Clerk
031296/1426[sar]c:fir~ston\CRBPanx2.crd
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
2481735 B-=f!r3ap~375. 03/20/96 03:0~PG 2 OF 3
..
. '
t':
r
•
EXHIBIT A
to
TOWN OF FIRESTONE, COLORADO
ORDINANCE NO. <Jci.::f"
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF SECTION 20, TOWNSHIP
2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF
WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 20, TOWNSHIP 2 NORTH,
RANGE 67 ''.WEST OF THE 6TH PRINCIPAL MERIDIAN;
THENCE SOUTH 01°51'12" E ALONG THE WEST LINE OF SAID SECTION 20,
2063.11 FEET;
THENCE N 63°36'21'' E, 152.90 FEET;
THENCE N 83°28'20" E, 1065.90 FEET;
THENCE 195.07 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE
HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 55°53'00" AND IS
SUBTENDED BY A CHORD THAT BEARS N 55°31'50" E 187.43 FEET;
THENCE N 27°35'20'' E 664.47 FEET;
THENCE 193. 78 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID
CURVE HAVING A RADIUS OF 225.00 FEET, A CENTRAL ANGLE 49°20'45" AND
IS SUBTENDED BY A CHORD THAT BEARS N 52°15'43" E, 187.85 FEET;
THENCE N 76°56'05" E, 788.25 FEET;
THENCE N 73°42'08" E, 142.84 FEET;
THENCE N 69°05'42" E, 709.63 FEET;
THENCE 13 9. 4 9 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID
CURVE HAVING A RADIUS OF 130. 00 FEET, A CENTRAL ANGLE OF 61 °28' 50"
AND IS SUBTENDED BY A CHORD THAT BEARS S 80°09'53" E 132.90 FEET;
THENCE S 49°25'28" E 91.46 FEET;
THENCE S 65°57'43" E 97.79 FEET;
THENCE S 83°19'00" E 108.01 FEET;
THENCE N 61°27'19" E 104.36 FEET;
THENCE N 09°45'00" W 37.12 FEET;
THENCE N 19°14'58" W 229.62 FEET;
THENCE 76.71 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE
HAVING A RADIUS OF 75.00 FEET, A CENTRAL ANGLE OF 58°36'13" AND IS
SUBTENDED BY A CHORD THAT BEARS N 10°03'08" E, 73.41 FEET;
THENCE N 39°21'15" E, 103.79 FEET TO A POINT ON THE EAST LINE OF
THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 20; THENCE
N 02°20' 37" W, 355. 03 FEET TO THE NORTHEAST CORNER OF SAID WEST
HALF OF THE NORTHEAST QUARTER; THENCE S 88°15'05" W, 1315.49 FEET
TO THE NORTH QUARTER CORNER OF SAID SECTION 20; THENCE S 89°01'20"
W, 2597. 64 FEET TO THE NORTHWEST CORNER OF SAID SECTION 20 THE
POINT OF TERMINATION. SAID PARCEL CONTAINING 116.72 ACRES MORE OR
LESS.
t~ ~
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t i '.t""""' .. ~
~.-.:/
11 ti
•
. -
ORDINANCE NO. :Jc2{,,
AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF
FIRESTONE AND KNOWN AS THE COUNTY ROAD BUSINESS PARK
ANNEXATION
WHEREAS, a petition for annexation of certain property,
described in Exhibit A attached hereto and known as the County Road
Business Park Annexation, was filed with the Board of Trustees of
the Town of Firestone; and
WHEREAS, said property was annexed to the Town by ordinance;
and
WHEREAS, the Board of Trustees must provide for the zoning of
said property; and
WHEREAS, the Board of Trustees provided notice of the public
hearing on said zoning by publication as provided by law; and
WHEREAS, no protests were received by the Town pursuant to
C.R.S. §31-23-305; and
WHEREAS, the landowners of said property requested an M-1
(Limited Industrial) zoning classification in the petition to annex
said property; and
WHEREAS, an M-1 zoning classification is consistent with the
Town's plan for the area; and
·wHEREAS, the Firestone Planning Commission recommended the
Board of Trustees's approval of an M-1 classification.
BE IT ORDAINED ' BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. That certain property known as the County Road
Business Park Annexation, the legal description of which is set
forth in Exhibit P.. attached hereto and incorporated herein by this
reference, is hereby zoned M-1 (Limited Industrial), pursuant to
the zoning ordinances of the Town, and the Town zoning map shall be
amended accordingly.
Section 2. This ordinance is deemed necessary for the
protection of the health, welfare and safety of the community.
INTRODUCED, READ, ~q]:;J'ED, APPROVED, AND ORDERED PUBLISHED IN
FULL this ~ay of ~_L.; , 1996.
1
2481736 B-1538 P-376 03/20/96 03:06P PGl OF 3
I , Weld County co Clerk & Recorder
REC DOC
16.00
T. L. Peterson
Town Clerk
021496/lSlO(fireston\CRBPanx.ord [zone ord]
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
12481736 B-1538 P-376 03/20/96 03:06P PG 2 OF 3
I
2
J
EXHIBIT A
to
TOWN OF FIRESTONE, COLORADO,
ORDINANCE NO. ~6
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF SECTION 20, TOWNSHIP
2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF
WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 20, TOWNSHIP 2 NORTH,
RANGE 67, ... WEST OF THE 6TH PRINCIPAL MERIDIAN;
THENCE SOUTH 01 °51' 12 11 E ALONG THE WEST LINE OF SAID SECTION 20,
2063.11 FEET;
THENCE N 63°36'21 11 E, 152.90 FEET;
~HENCE N 83°28'20 11 E, 1065.90 FEET;
THENCE 195.07 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE
HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 55°53'00 11 AND IS
SUBTENDED BY A CHORD THAT BEARS N 55°31'50 11 E 187.43 FEET;
THENCE N 27°35'20 11 E 664.47 FEET;
THENCE 193.78 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID
CURVE HAVING A RADIUS OF 225.00 FEET, A CENTRAL ANGLE 49°20'45 11 AND
IS SUBTENDED BY A CHORD THAT BEARS N 52°15'43 11 E, 187.85 FEET;
THENCE N 76°56'05 11 E, 788.25 FEET;
THENCE N 73°42'08 11 E, 142.84 FEET;
THENCE N 69°05'42 11 E, 709.63 FEET;
THENCE 139.49 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID
CURVE HAVING A RADIUS OF 130.00 FEET, A CENTRAL ANGLE OF 61°28'50 11
AND IS SUBTENDED BY A CHORD THAT BEARS S 80°09'53 11 E 132.90 FEET;
THENCE S 49°25'28 11 E 91.46 FEET;
THENCE S 65°57'43'' E 97.79 FEET;
THENCE S 83°19'00'' E 108.01 FEET;
THENCE N 61°27'19'' E 104.36 FEET;
THENCE N 09°45'00'' W 37.12 FEET;
THENCE N 1.9°14'58 11 W 229.62 FEET;
THENCE 76.71 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE
HAVING A RADIUS OF 75. 00 FEET, A CENTRAL ANGLE OF 58°36' 13 11 AND IS
SUBTENDED BY A CHORD THAT BEARS N 10°03'08 11 E, 73.41 FEET;
THENCE N 39°21'15 11 E, 103.79 FEET TO A POINT ON THE EAST LINE OF
THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 20; THENCE
N 02°20' 37 11 W, 355. 03 FEET TO THE NORTHEAST CORNER OF SAID WEST
HALF OF THE NORTHEAST QUARTER; THENCE S 88°15'05 11 W, 1315.49 FEET
TO THE NORTH QUARTER CORNER OF SAID SECTION 20; THENCE S 89°01'20 11
W, 2597.64 FEET TO THE NORTHWEST CORNER OF SAID SECTION 20 THE
POINT OF TERMINATION. SAID PARCEL CONTAINING 116.72 ACRES MORE OR
LESS.
3
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ORDINANCE NO.
AN ORDINANCE INCREASING THE COMPENSATION OF THE MAYOR AND
TRUSTEES, AND DECLARING AN EMERGENCY
WHEREAS, the Board of Trustees wishes to increase the
compensation of the Mayor and Trustees in a manner consistent with
applicable laws; and
WHEREAS, the applicable laws provide that no such increase may
occur during the term for which the Mayor or any Trustee has been
elected or appointed; and
WHEREAS, the Board of Trustees declares that an emergency
exists because, in order to comply with such laws, it is necessary
that the increase occur prior to April, 1996, but apply only to
terms which commence on and after April, 1996;
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. Subsections A and B Section 2. 04. 280 of the
Firestone Municipal Code are hereby amended to read:
2.04.280 Mayor and Trustee Compensation.
A. Compensation--Mayor. The mayor of the town
shall be compensated at the rate of ONE HUNDRED seveHty
-f.i¥e dollars per month. SUCH RATE SHALL APPLY ONLY UPON
COMMENCEMENT OF THE MAYOR'S TERM OF OFFICE FOLLOWING AN
ELECTION HELD AFTER MARCH 14, 1996. eolftlftefleiflg ifl tae
moHta of April, 1984. Prior to April, 1984, tae mayor
saall be eompeHsated at tae rate of b,'enty five dollars
per manta. ·
B. Compensation--Trustees. Each trustee eleeted
or appointed to offiee in April, 1984 or taereafter ahall
be compensated at the rate of SEVENTY-FIVE fifty dollars
per month. SUCH RATE SHALL APPLY ONLY UPON COMMENCEMENT
OF THE TERM OF OFFICE OF A TRUSTEE WHOSE POSITION IS
SUBJECT TO AN ELECTION HELD AFTER MARCH 14, 1996.
'l'rustees aolding offiee prior to .\pril, 1984 and not
subjeet to re eleetion at taat time saall be eompensated
at tae rate of fifteen dollars per manta for the
remainder of ais er her term.
section 2. Neither the adoption of this Ordinance nor the
amendment or repeal of any other ordinance thereby, shall be
construed to destroy any property right, .co_ntract right, or right
of action of.any nature or kind, civil or criminal, vested in or
1
against the Town by virtue of any such ordinance, or portion
thereof, or any other provision of law theretofore · existing or
otherwise accruing to the Town.· All such rights shall vest in and
inure to the Town or to any persons asserting any such claims
against the Town as fully and as completely as though this
Ordinance had not been adopted, and as though there had been no
amendment or repeal of any ordinance thereby.
Section 3. The Board of Trustees herewith
determines, and declares that this ordinance is necessary
immediate preservation of the pubi ic heal th and safety.
ordinance shall be effective upon adoption and approval
!"1ayor.
finds,
to the
This
by the
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this ,/!/;e; day of Y!/4J , 1996.
Trudy Peterson
Town Clerk
031196/1414[tat)c:FIRESTON\compensa.ord
2
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
ORDINANCE NO, , ;Jo<1
AN ORDINANCE CONCERNING GRAFFITI ON PUBLIC OR PRIVATE PROPERTY
WHEREAS, the defacing of public or private property by
painting, drawing, etching, or carving, by use of paint, spray
paint, ink, knife, or other methods, commonly referred to as
"graffiti," is a serious and growing menace, is a blight upon the
community and public and private property therein, and is injurious
to the public health, safety morals and general welfare of the
residents of the Town; and
WHEREAS, such graffiti is often connected with criminal street
gang activities, violence, and crimes; and
WHEREAS, permitting such graffiti .to remain upon property
encourages additional accumulations of graffiti; and
WHEREAS, the prompt eradication of graffiti is necessary to
control the spread of criminal gang activities, violence, and
crimes, to prevent additional .accumulations of graffiti, and to
promote the public health, safety, morals, and general welfare of
the residents of the Town;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
section 1. Chapter 9.08 of the Firestone Municipal Code is
amended by the addition of the following new sections, to read:
Section 9.08.140. Graffiti -Defacing Property.
(a) It is unlawful to deface, or to cause, aid in, or
permit the defacing of, public or private property by
means of painting, drawing, etching, or carving with.
paint, spray paint, ink, knife, or any similar method.
(b) In addition to any other penalty, the court may
order any person convicted under this section to repair
the property defaced.
section 9.08.150. Graffiti Nuisances.
(a) As used in this section, the following terms shall
have the following meanings, unless the context clearly
indicates otherwise:
(1) "Graffiti" means the defacing of public or
private property by means of painting, drawing, writing,
etching, or carving with paint, spray paint, ink, knife,
or any similar method.
1
(2) "Owner" means each person who owns,
occupies, or has under the person's control any building,
property, lot, or premises.
(b) Upon the discovery of graffiti on public or
private property, the Town shall send a notice to the
owner thereof directing the removal of the graffiti. The
notice shall be on forms prepared by the Chief of Police,
shall state that the owner must remove the graffiti
within fifteen (15) days from receipt of the notice, and
shall include such other information as determined
appropriate by the Chief.
(c) If the owner does not remove the graffiti
within the time stated in the notice, the Town may
proceed to enter the property and remove the graffiti.
(d) The failure of an owner to remove the graffiti
within the time stated in the notice shall be
conclusively deemed to be an election by the owner to
permit the Town to enter the property and remove the
graffiti, and shall constitute the agreement of the owner
to pay for the costs incurred and assessed by the Town
for the removal of the graffiti.
(e) If the owner fails to pay the costs assessed by
the Town for the removal of graffiti, the Town may
exercise any remedy available to it for the recovery of
such costs. Such costs shall be a lien on the property
from the time the assessment is made, and such costs may
be collected and such lien enforced by a proceeding in
the name of the Town. The prcicedures in Sections
8 .16. 080 through 8 .16 .120 of the Code shall be applicable
to such a proceeding.
(f) Nothing in this section shall create any duty
to any person with regard to the enforcement thereof. No
person shall have any civil liability remedy against the
Town, its officers, employees, or agents, for any damages
arising out of or in any way connected with the
enforcement or nonenforcement of this section, including
but not limited to any acts or omissions of any Town
officer, employee, or agent who undertakes any action to
enter property and remove graffiti therefrom.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this di.!!'day of ---:7PtcU-Ml/ , 1996.
2
Attest:
T~
Town Clerk
031896/1408 [tat] c: f i restone\graf fit i ._ord
3
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
ORDINANCE NO. SJ 'J
AN ORDINANCE AMENDING SECTION 8.12.050 OF THE FIRESTONE MUNICIPAL
CODE CONCERNING THE SETTING OF THE WASTE COLLECTION SERVICE CHARGE
WHEREAS, the Board of Trustees desires to permit the Town's
service charge for waste collection to be determined by resolution
of the Board; and
WHEREAS, the Board of Trustees declares that an emergency
exists because there is a fiscal need to adjust the waste
collection service charge by April 1, 1996 to more fully reflect
the costs of providing such services.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
section 1. Section 8.12.050 of the Firestone Municipal Code
is hereby amended to read as follows (words to be deleted are
stricken through; words to be added are capitalized):
8. 12. 050 Uniform service charge--WASTE COLLECTION. There is
hereby imposed as a uniform service charge, for collection of
garbage and refuse, the s1;1!ft ef ei~bt EiellaFs aREi seveRty five
eeRts, s1;1eb s1;1!ft to be added to each monthly water bill issued by
the Town. THE AMOUNT OF THE SERVICE CHARGE SHALL BE AS DETERMINED
FROM TIME TO TIME BY RESOLUTION OF THE BOARD OF TRUSTEES.
section 2. Neither the adoption of this Ordinance nor the
amendment or repeal of any other ordinance thereby, shall be
construed to destroy any property right, contract right, or right
of action of any nature or kind, civil or criminal, vested in or
against the Town by virtue of any such ordinance, or portion
thereof, or any other provision of law theretofore existing or
otherwise accruing to the Town. All such rights shall vest in and
inure to the Town or to any persons asserting any such claims
against the Town as fully and as completely as though this
Ordinance had not been adopted, and as though there had been no
amendment or repeal of any ordinance thereby.
Section 3. The Board of Trustees herewith finds,
determines, and declares that this ordinance is necessary to the
immediate preservation of the public health and safety in order to
establish a new waste collection service charge to be in effect by
April 1, 1996. This ordinance shall be effective upon adoption and
approval by the Mayor.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this /,4//Cday of tid&-,,l/ , 1996.
1
., .
Attest:,
T. L. Peterson
Town Clerk
2
TOWN OF FIRESTONE, COLORADO
,',rl/;;a,;
Rick Patterson ,
~ Mayor
031496/1526 [tat] c: f i reston\trashfee.ord
ORDINANCE NO. :J..JtJ
AN ORDINANCE ADOPTING BY REFERENCE THE 1991 EDITION OF THE UNIFORM
BUILDING CODE AND UNIFORM BUILDING CODE STANDARDS AND ENACTING
AMENDMENTS THERETO, ADOPTING BY REFERENCE THE 1991 EDITION OF THE
UNIFORM MECHANICAL CODE AND ENACTING AMENDMENTS THERETO, ADOPTING
BY REFERENCE THE 1991 EDITION OF THE UNIFORM PLUMBING CODE AND
ENACTING AMENDMENTS THERETO, ADOPTING BY REFERENCE THE 1994 EDITION
OF THE UNIFORM FIRE CODE, ADOPTING BY REFERENCE THE 1991 EDITION OF
THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, ADOPTING
BY REFERENCE THE 1996 EDITION OF THE NATIONAL ELECTRIC CODE,
ADOPTING BY REFERENCE THE 1991 EDITION OF THE UNIFORM HOUSING CODE,
AND ESTABLISHING PENALTIES FOR VIOLATIONS OF SUCH CODES.
WHEREAS, national building and construction standards have
been developed and from time to time amended and updated, as set
forth in various uniform codes, and it is deemed in the best
interest of the citizens of Firestone, and in the interest of the
public health, safety, and general welfare to adopt by reference
thereto said uniform codes and amendments thereof tailored to
accommodate particular circumstances and requirements of the Town;
and
WHEREAS, the
required by law,
providing for the
Board of Trustees, after
has held a public hearing
adoption of said codes; and
proper
on this
notice as
ordinance
WHEREAS, the uniform codes and amendments thereof have been
submitted to the Board of Trustees in writing and the Board of
Trustees has determined that the uniform codes and amendments
thereof should be adopted as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1.
is hereby amended
read as follows:
Chapter 15.04 of the Firestone Municipal Code
by the addition of a new Section 15.04.010 to
15.04.010 General. The codes adopted by reference thereto
and incorporated into and made a part of the Firestone Municipal
Code by the provisions of this chapter shall be known as the
Building Code of the Town of Firestone. Any reference to the
Building Code in this chapter shall be to the codes adopted by
reference herein.
Section 2.
is hereby amended
read as follows:
Chapter 15.04 of the Firestone Municipal Code
by the addition of a new Section 15.04.020 to
15. 04. 020 Uniform Building Code Adopted. The Uniform
Building Code, 1991 Edition, published by the International
1
Conference of Building Officials, 5360 Workman Mill Road, Whittier,
California, 90601, including as secondary codes referenced therein
the Generic Fire-Resistive Assemblies listed in the Fire Resistive
Design Manual, Twelfth Edition, dated August 1988, published by the
Gypsum Association as referenced in Table Nos. 43-A, 43-B, and 43-
C, including all appendix chapters except for Appendix Chapter 1
Division I and II, Appendix Chapters 29, 35, 51, and 53, and
section 1110 of Appendix Chapter 11, and the Uniform Building Code
Standards, 1991 Edition, published by the International Conference
of Building Officials, 5360 Workman Mill Road, Whittier,
California, 90601, including the Structural Welding Code--
Reinforcing Steel, AWS Dl.4-79 (U.B.C. Standard No. 26-8), the
Structural Welding Code--Steel, ANSI/AWS Dl.1-90 (U.B.C. Standard
No. 27-6) and the Structural Welding Code--Sheet Steel, ANSI/AWS
Dl.3-81 (U.B.C. Standard No. 27-13) published by the American
Welding Society,Inc., and the Standard for Buildings and
Facilities--Providing Accessibility and Usability for Physically
Handicapped People, A117.1-1986 (U.B.C. Standard No. 31-1),
published by the American National Standards Institute, as modified
or amended in the Uniform Building Code Standards referenced
therein, are hereby adopted by reference thereto and incorporated
into and made a part of the Firestone Municipal Code. The purpose
and subject matter of the Uniform Building Code and Standards
include regulating construction aspects of building through
comprehensive provisions and standards regulating the erection,
construction, enlargement, alteration, equipping, use, height,
area, and maintenance of buildings and structures and providing
greater safety to the public by uniformity in building laws.
Except as otherwise provided herein, the Uniform Building Code and
Standards are adopted in full, including the outline of contents,
index, and appendix contained therein. Any reference to the
Uniform Building Code and Standards within this chapter shall be to
the 1991 Edition of said code.
Section 3. Section 15.04.030 of the Firestone Municipal
Code is hereby repealed ,and reenacted, with amendments, to read as
follows:
15. 04. 030 Uniform Building Code--Amendments. The Uniform
Building Code as adopted by the Town is hereby amended as follows:
A. The fee for each building permit as set forth in Table
No. 3-A may be amended from time to time by ordinance or resolution
of the Board of Trustees.
B. Section 308(a) is amended to read as follows: Sec. 308(a)
Use and Occupancy. No building or structure in any type of
occupancy shall be used or occupied, and no change in the existing
occupancy classification of a building or structure or portion
thereof shall be made until the building official has issued a
Certificate of Occupancy thereof as provided herein. Issuance of
a Certificate of Occupancy shall not be construed as an approval of
2
a violation of the provisions of this code or of other ordinances
of the Town. Certificates presuming to give authority to violate
or cancel the provisions of this code or other ordinances of the
Town shall not be valid.
C. The last sentence of the fourth paragraph of Section 1204
of the Uniform Building Code is amended to read: Where windows are
provided as a means of escape or rescue, they shall have a finished
sill height not more than forty-eight (48) inches above the floor.
D. Appendix Chapter 12, Division III, shall be amended to
apply only to swimming pools exceeding the requirements of Section
30l(b)ll.
E. Section 1210(a)l, 2, 4, and 5 shall be amended to read
the same as Section 1210(a)l, 2, 4 and 5 of the 1988 Edition of the
Uniform Building Code. Section 1210(a)3 shall remain unchanged.
F. Section 1708(d) is amended by the addition of the
following sentence: Approved methods shall include the removal of
metal ties from the exterior of foundation walls and the holes
sealed.
G. Section 3304(i) is amended by the addition of Exception
D to read: A door may open at stairs having not more than two
risers leading to a patio.
H. In addition to the other requirements and prohibitions of
the Uniform Building Code as adopted in this chapter, it is
unlawful for any person or legal entity to construct, repair or
remodel any structure whatsoever that is constructed of or with
roof supporting columns or posts of round timber poles or piles as
defined by the Uniform Building Code.
I. In addition to the other requirements and prohibitions of
the Uniform Building Code as adopted in this chapter, it is
unlawful for any person or legal entity to construct, repair or
remodel any Group M structure, as defined by the Uniform Building
Code, in excess of one hundred and fifty square feet in an area
without a supporting concrete foundation and floor of a minimum
depth of three inches.
J. In addition to the other requirements and prohibitions of
the Uniform Building Code as adopted in this chapter, no
residential or commercial building shall be constructed within two
hundred feet of an existing oil and gas well.
Section 4.
is hereby amended
read as follows:
Chapter 15.04 of the Firestone Municipal Code
by the addition of a new Section 15.04.040 to
3
15. 04. 040 Uniform Mechanical Code Adopted. The Uniform
Mechanical Code, 1991 Edition, published by the International
Conference of Building Officials, 5360 Workman Mill Road, Whittier,
California, including appendices A, B, and C, is hereby adopted by
reference thereto and incorporated into and made a part of the
Firestone Municipal Code. The purpose and subject matter of the
Uniform Mechanical Code include minimum standards relating to the
mechanical installations in or in connection with the construction,
alteration and repair of new and existing structures including
design, construction, installation, quality of materials,
locations, operation, and maintenance or use of heating,
ventilation, cooling refrigeration systems, incinerators and other
miscellaneous heat-producing· appliances. Except as otherwise
provided herein, the Uniform Mechanical Code is adopted in full,
including the outline of contents, index, and appendix contained
therein. In all sections of this chapter where a reference is made
to the Uniform Mechanical Code, said reference shall be to the 1991
Edition of said code.
Section 5. Section 15.04.50 of the Firestone Municipal
Code is hereby repealed and reenacted, with amendments, to read as
follows:
15.04.050 Uniform Mechanical Code--Amendments. The Uniform
Mechanical as adopted by the Town is hereby amended as follows:
A. The fee for each permit as set forth in Table No. 3-A may
be amended from time to time by ordinance or resolution of the
Board of Trustees.
B. Section 2215 is amended by the addition of an exception
following paragraph 7 to read: Exception: Liquified petroleum gas
appliances may be used in any basement, or when replacing an
existing LP appliance in an existing crawlspace, if approved
sensors, an automatic gas shut-off valve, and an audible alarm are
installed. The sensor, valve and alarm shall be approved by the
building official prior to installation.
Section 6.
is hereby amended
read as follows:
Chapter 15.04 of the Firestone Municipal Code
by the addition of a new Section 15. 04. 060 to
15.04.060 Uniform Plumbing Code Adopted. The Uniform
Plumbing Code, 1991 Edition, published by the International
Association of Plumbing and Mechanical Officials, 20001 Walnut
Drive South, Walnut, California, 91789-2825, including Appendices
A, B, C, D, E, and H, and the 1991 Edition of the IAPMO
Installation Standards are hereby adopted by reference thereto and
incorporated into and made a part of the Firestone Municipal Code.
The purpose and subject matter of the code concerns plumbing,
including requirements for plumbing materials, installation
standards, and the inspection of plumbing systems. Except as
4
otherwise provided herein, the Uniform Plumbing Code and Standards
are adopted in full, including the outline of contents, index and
appendix contained therein. Any reference to the Uniform Plumbing
Code and Standards within this chapter shall be to the 1991 Edition
of said code.
Section 7. Section 15.04.070, Penalty for Violation, of
the Firestone Municipal Code is · hereby renumbered as Section
15.04.080 of the Firestone Municipal Code; A new Section 15.04.070
is added to read as follows:
15. 04. 070 Uniform Plumbing Code--Amendments. The Uniform
Plumbing Code as adopted by the Town is hereby am~nded as follows: ...
' ' . A. The fee for each permit as 1 set forth in Table No.
be amended from time to time by ordinance or resolution
Board of Trustees.
~ ~ ~
3-A may
of the
B. Section 1215 is amended by the addition of an exception
following subsection (f) to read: Exception: Liquified petroleum
gas appliances may'be used in any,basement, or when replacing an
existing ,LP appliance in an existing crawlspace,• •if approved
sensors, an automatic gas shut-off valve, and an audible alarm are
installed. The sensor, valve and alarm shall be approved by the
building official prior to installation.
Section 8.
is hereby amended
read as follows:
Chapter 15.04 of the Firestone Municipal Code
by the addition of a new Section 15.04.160 to
15.04.160 Uniform Code for the Abatement of Dangerous
Buildings Adopted. The Uniform Code for the Abatement of Dangerous
Buildings, 1991 Edition, published by the International Conference
of Building Officials, 5360 Workman Mill Road, Whittier,
California, 90601 is hereby adopted by reference thereto and
incorporated into and made a part of the Firestone Municipal Code
as the dangerous building code of the Town. The purpose and
subject matter of the code include the provision of just, equitable
and practical procedures for the classification and abatement of
dangerous buildings. Except as otherwise provided herein, the
Uniform Code for the Abatement of Dangerous Buildings, 1991
Edition, is adopted in full, including the outline of contents and
index contained therein. Any reference to the Dangerous Building
Code within this chapter shall be to the 1991 Edition of the
Uniform Code for the Abatement of Dangerous Buildings.
Section 9.
is hereby repealed
follows:
Chapter 15.08 of the Firestone Municipal Code
and reenacted, with amendments, to read as
5
Chapter 15.08
NATIONAL ELECTRICAL CODE
15. 08. 010 National Electrical Code Adopted. The National
Electrical Code, 1996 Edition, published by the National Fire
Protection Association, whose address is Batterymarch Park, Quincy,
Massachusetts 02269, including the Uniform Administrative Code
Provisions for the National Electrical Code, is hereby adopted by
reference thereto and incorporated into and made a part of the
Firestone Municipal Code. The purpose and subject matter of this
code concerns standards and requirements pertaining to electrical
installations. Except as otherwise provided herein,. the National
Electrical Code is adopted in full, including the outline of
contents and index contained therein. Any reference to the
National Electrical Code within this chapter shall be to the 1996
Edition of said code. The Town Clerk shall maintain sufficient
copies of the National Electrical Code as required by law in the
Town Hall.
15. 08. 020 National Electrical Code--Amendments. The National
Electrical Code as adopted by the Town is hereby amended as
follows:
A. The electrical permit fees set forth in the National
Electrical Code may be amended from time to time by ordinance or
resolution of the Town Board of Trustees:
15.08.030 Violations and Penalties. It shall be unlawful for
any person, firm, or corporation to erect, construct, enlarge,
alter, repair, move, improve, remove, convert or demolish, equip,
use or maintain any electrical systems or equipment or cause or
permit the same to be done in violation of the provisions of this
chapter or the terms of the code adopted and incorporated herein.
Any person convicted of a violation of any provision of this
chapter or of the provisions of the code adopted and incorporated
herein shall be subject to the penalty provided in Section
15.04.080.
Section 10. Section 15.32.010 of the Firestone Municipal
Code is hereby repealed and reenacted, with amendments, to read as
follows:
15.32.010 Uniform Fire Code Adopted. The Uniform Fire Code,
1994 Edition, including Appendix Chapters II-A, II-B, II-C, II-D,
II-E, II-F, II-G, II-H, II-I, III-A, III-B, III-C, III-D, IV-A, IV-
B, V-A, VI-A, VI-B, VI-D, VI-E and the Uniform Fire Code Standards,
1994 Edition, published by the International Fire Code Institute,
9300 Jollyville Road, Suite 105, Austin, Texas 78759-7455, are
hereby adopted by reference thereto and incorporated into and made
a part of the Firestone Municipal Code. The purpose and subject
matter of the Uniform Fire Code and Standards include minimum
6
standards relating to the storage, handling, and use of hazardous
substances, materials and devices, and providing greater safety and
protection to the public from conditions hazardous to life or
property in the occupancy of buildings or premises. Except as
otherwise provided herein, the Uniform Fire Code and Standards are
adopted in full, including the outline of contents, index, and
appendix. Any reference to the Uniform Fire Code within this
chapter shall b.e to the 1994 Edition of said code. The Town Clerk
shall maintain sufficient copies of the Uniform Fire Code as
required by law in the Town Hall. The code and standards adopted
herein shall be enforced by the one or more fire districts having
jurisdiction within the Town which shall serve as the bureau of
fire prevention of the Town.
Section 11. Section 15.36.010
Code is hereby repealed and reenacted,
follows: · ..
of ,the Firestone Municipal
with amendments, to read as
'
15.36.010 Uniform Housing Code Adopted .. ,Uniform Housing
Code, 1991 Edition, published by the International Conference of
Building Officials, 5360 Workman Mill Road, Whittier, California,
90601 is hereby adopted by reference thereto and incorporated into
and made a.part of the Firestone Municipal Code. The purpose and
subject matter of the :code · inclucl.e the provision of , minimum
standards to safeguard life, limb, health, property and public
welfare by regulating and controlling the use and occupancy,
location and maintenance of all residential buildings and
structures. Except as otherwise provided herein, the Uniform
Housing Code, 1991 Edition, is adopted in full, including the
outline of contents contained therein. Any reference to the
Uniform Housing Code or housing code within this chapter shall be
to the 1991 Edition of said code. The Town Clerk shall maintain
sufficient copies of the Uniform Housing Code as required by law in
the Town Hall.
Section 12. Section 15.36.020 of the Firestone Municipal
Code is hereby repealed and reenacted, with amendments, to read as
follows:
15. 32. 020 Violations-Penalties. A. It shall be unlawful for
any person, firm, or corporation to erect, construct, enlarge,
alter, repair, move, improve, remove, convert or demolish, equip,
use, occupy or maintain any building or structure or cause or
permit the same to be done, in violation of the provisions of this
chapter or the terms of the code or standards adopted and
incorporated herein.
B. Any person, firm, or corporation violating the housing
code adopted in this chapter is guilty of a violation of the
housing code and, upon conviction thereof, shall be punished by a
fine of not more than three hundred dollars, or by imprisonment for
not more than ninety days, or by both such fine and imprisonment.
7
Each day during which such illegal erection, construction,
reconstruction, alteration, maintenance, or use continues, shall be
deemed a separate offense. In case any building or structure is or
is proposed to be erected, constructed, reconstructed, altered,
remodeled, used or maintained in violation of the housing code, the
town attorney, or any owner of real estate within the area, in
addition to other remedies provided by law, may institute an
appropriate action for injunction, mandamus, or abatement to
prevent, enjoin, abate or remove such unlawful erection,
construction, reconstruction, alteration, remodeling, maintenance,
or use.
Section 13. The following Sections contained in Chapter
15.36 of the Firestone Municipal Code are hereby repealed in their
entirety: 15.36.030; 15.36.040: 15.36.05_0; 15.36.060; 15.36.070;
15.36.080; 15.36.090; 15.36.100; 15.26.110; 15.36.120; 15.36.130;
15.36.140; 15.36.150; 15.36.160; 15.36.170; 15.36.180.
Section 14. The Board of Trustees
determines, and declares that this ordinance is
preservation of the public health and safety.
herewith finds,
necessary for the
Section 15. If any portion of this ordinance or of the
codes and standards adopted herein is held to be invalid for any
reason, such decision shall not affect the validity of the
remaining portions of this ordinance. The Board of Trustees hereby
declares that it would have passed this ordinance and each part
hereof irrespective of the fact that any one part be declared
invalid. ·
Section 16. The repeal or modification of any provision of
the Municipal Code of the Town of Firestone by this ordinance shall
not release, extinguish, alter, modify, or change in whole or in
part any penalty, forfeiture, or liability, either civil or
criminal, which shall have been incurred under such provision, and
each provision shall be treated and held as still remaining in
force for the purpose of sustaining any and all proper actions,
suits, proceedings, and prosecutions for the enforcement of the
penalty, forfeiture, or liability, as well as for the purpose of
sustaining any . judgment, decree, or order which can or may be
rendered, entered, or made in such actions, suits, proceedings, or
prosecutions.
Section 17. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
conflict.
8
' '•
;t
-IJ'JTE_ODUCED, READ, AND SET FOR PUBLIC HEARING this IL__ day of
;7)/,,,-~ , 1996.
of
/7~~~~D, APPROVED, AND ORDERED PUBLISHED IN FULL this //z;t,day
~=r==~=&.~-------' 1996.
Attest:
T. L. Peterson
Town Clerk
030896/1424[sar]c:FIRESTON\builcode.ord
9
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
' . '
NOTICE OF PUBLIC HEARING
TOWN OF FIRESTONE, COLORADO
TO CONSIDER AN ORDINANCE ADOPTING BY REFERENCE CERTAIN UNIFORM
BUILDING/TECHNICAL CODES.
NOTICE is hereby given that the Board of Trustees of the Town of
Firestc~me will hold a public hearing at 7: 3 0 p. m. on -z;;;.?/MJl#w ,
::._. llhi;, _l_L_, 1996, at the Firestone Town Hall, 150 Buehlman
Avenue, Firestone, CO 80520. The purpose of the hearing will be to
consider an ordinance adopting by reference, with amendments, the
following primary uniform technical codes:
(1) Uniform Building Code and Uniform Building Code Standards, 1991
Editions, published by the International Conference of Building
Officials, whose address is 5390 Workman Mill Road, Whittier,
California, 90601. The subject matter of this code concerns the
fire, life, structural safety aspects of building and related
structures, and national test, material and special design
standards for buildings and related structures. ( 2) Uniform
Plumbing Code, 1991 Edition, published by the International
Association of Plumbing and Mechanical Officials, whose address is
20001 Walnut Drive South, Walnut, California, 91789-2825. The
subject matter of this code concerns plumbing, including
requirements for plumbing materials and installation standards.
(3) Uniform Mechanical Code, 1991 Edition, published by the
International Conference of Building Officials, whose address is
5390 Workman Mill Road, Whittier, California, 90601. The subject
matter of this code concerns requirements for the installation and
maintenance of heating, ventilating, cooling and refrigeration-• \
systems. (4) Uniform Code for the Abatement of Dangerous
Bu-ildings, 1991 Edition, published by the International Conference
of Building Officials,. whose address is 5390 Workman Mill Road,
.
8
.~ =-o A e_hittier, California, 90601. The subject matter -of this code
..,. Id concerns pro·cedures · for rem,:,dying dangerous. buildings. ( 5)
National Electrical Code, 1996 Edition,-published by the National
Fire Protection Asso.ciation, whose address is Batterymarch Park,
Quincy, Massachusetts 02269. The subject matter of this code
concerns standards and requirements pertaining to electrical
installations. ( 6) Uniform Fire Code and the Uniform Fire Code
Standards, 1994 Edition, published by the International Fire Code
Institute, whose address is 9300 Jollyville Road, Suite 105,
Austin, Texas 78759-7455. The subject matter of this code concerns
fire prevention standards and requirements, and fire-related
standards for testing and materials. (7) Uniform Housing Code, 1991
Edition, published by the International Conference of Building
Officials, 5360 Workman Mill Road, Whittier, California, 90601.
The subject matter of this code include the provision of minimum
standards to safeguard life, limb, health, property and public
welfare by regulating and controlling the use and occupancy,
location and maintenance of all residential buildings and
structures.
1
. .
• . '
Copies of the foregoing technical codes, and copies
secondary codes, if any, being considered for adoption are
with the Town Clerk and are open to public inspection.
of the
on file
THE FOREGOING NOTICE OF HEARING WAS PUBLISHED TWICE, on
/J111£c# J~ , 1996 (at least 15 days preceding the hearing),
and on mAf!e# ,;1'7 ., 1996 (at least 8 days preceding the
hearing).
030896/1424 [sarlfireston\builcode.ord
2
~ONE, COLORADO
T. L. Peterson, Town Clerk
" .
ORD I NANCE NO . . ,_'J:f J
I i
AN ORDINANCE AMENDING TITLE 1 7 OF THE FIRESTONE MUNICIPAL CODE
PERTAINING TO ZONING TO MAKE CERTAIN AMENDMENTS CONCERNING
PERMITTED USES, YARD AND BULK REQUIREMENTS AND RELATED MATTERS,
AMENDING CHAPTER 17.32 CONCERNING PROCEDURES FOR SPECIAL USE
PERMITS; AND AMENDING TITLE 16 OF THE FIRESTONE MUNICIPAL CODE
CONCERNING REQUIREMENTS SET FORTH IN THE FIRESTONE DEVELOPMENT
REGULATIONS.
WHEREAS, the Town has adopted zoning and subdivision
regulations and the Board of Trustees has determined that such
regulations are in need of various amendments and updating; and
WHEREAS, all required notices and public hearings concerning
this ordinance have been provided.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1.
Code is hereby
follows:
Section 17.08.070 of the Firestone Municipal
repealed and reenacted, with amendments, to read as
17. 08. 070 Building height. "Building height" means the
vertical distance from the grade to the highest point of
coping of a flat roof, or the deckline of a mansard roof,
or to the average height of the , highest gable _ of a
pitched, hip or gambrel roof, as diagramed in the
Firestone Development Regulations.
Section 2. Chapter 17.08 of the Firestone Municipal Code
is hereby amended by the addition' of a new Section 17. 08 .1 72 to
read as follows:
' .
1 7. 08. 1 72 Garage, commercial.· 11Garage ,' commercial" means
a building used for storage and/or repair of motor
vehicles not necessarily owned or operated by the
building owner or their tenants.
Section 3.
is hereby amended
read as follows:
Chapter 17.08 of the Firestone Municipal Code
by the addition of a new Section 17.08.174 to
17.08.174 Garage, private attached. "Garage, private
attached" means an accessory portion of a main building
designed for shelter or storage of motor vehicle (s) which
· are owned or operated by occupants of the main building
only.
1
Section 4.
is hereby amended
read as follows:
Chapter 17.08 of the Firestone Municipal Code
by the addition of a new Section 17.08.176 to
17.08.176 Garaae. private free standing. ''Garage,
private free standing" means an accessory building
detached from the main building, designed for shelter or
storage of motor vehicles which are owned or operated by
the occupants of the main building only.
Section 5.
is hereby amended
read as follows:
Chapter 17.08 of the Firestone Municipal Code
by the addition of a new Section 17.08.178 to
17. 08 .178 Grade. "Grade" means the lowest point or
elevation of the finished surface of the ground, paving
or sidewalk within the area between the building and a
line five horizontal feet from the building.
Section 6. Section 17.08.210 of the Firestone Municipal
Code is hereby amended to read as follows (words to be added are
capitalized) :
17.08.210 Livestock. "Livestock" means horses, mules,
cattle, burros, swine, sheep, goats, rabbits, LAMAS,
POULTRY, OR SIMILAR DOMESTICATED OR FARM ANIMALS.
Section 7. Section 17.08.460 of the Firestone Municipal
Code is hereby amended to read.as follows (words to be deleted-are
1 l 11 · I · , " • stricken through; words to be added are capitalized):
17. 08. 460 Yard, front. "Frcint yard" means a yard
extending across the full width of the lot between the
rea-r FRONT lot line and the nearest line or poi"nt of the • • building.
• Section 8. Section. 17. 08. 480 of the Firestone Municipal
Code is hereby amended to read as follows \.(wbrds i:o be deleted are
stricken through; words to be added are capitalized):
1 7 . O 8 . 4 8 0 Yard, side . "Side yard" means a yard extending
from the front yard to the year REAR yard between the
side lot line and the nearest line or point of the
building or accessory building attached thereto.
Section 9. Subsection G of Section 17 .16. 020 of the
Firestone Municipal Code is hereby amended to read as follows
(words to be deleted are stricken through; words to be added are
capitalized):
2
r
17.16.020 R-1 districts"-Density.
G. Minimum floor area per dwelling, seveR auREl.recl
eigaty ONE THOUSAND square feet.
Section 10. Subsections H and I of Section 17 .16. 040 of the
Firestone Municipal Code is hereby amended to read as follows
(words to be deleted are stricken through; words to be added are
capitalized):
17.16.040 R-2 districts--Density.
H. Minimum floor area per dwelling unit, e-HE EIGHT
hundred fifty square feet;
I. Minimum floor area per dwelling, seveR auREl.recl
cigaty ONE THOUSAND square feet;
Section 11. Subsections A, B, C, and J of Section 17 .16. 050
of the Firestone Municipal Code are repealed and reenacted, with
amendments, to read as follows:
17.16.050 R-3 districts--Permitted uses.
A. All uses permitted in the R-2 district, excluding
single family dwellings;
B. Two-family dwellings;
C. Multiple-family dwellings, provided that the lot
upon which any such dwelling is located is of sufficient
size so that thirty percent thereof shall be devoted to
functional open space;
*** J. Personal service shops as accessory uses by·special
use permit only.
Section 12. Subsections A, B and D of Section 1 7 .16. 060 of
the Firestone Municipal Code are amended to read as follows (words
to be deleted are stricken through; words to be added are
capitalized) :
17.16.060 R-3 districts--Density.
A. Minimum lot area per dwelling, six thousand SIX
HUNDRED square feet;
B. Minimum lot area per dwelling unit, oRe taousaREl. two
auREl.recl fifty THREE THOUSAND FIVE HUNDRED square feet;
*** D. Maximum height of buildings:
3
1. Principal building, forty feet or three
stories TWENTY-FIVE FEET;
2. Accessory building, fifteen feet;
Section 13. Subsection c of Section 17.16.070 · of the
Firestone Municipal Code is amended, and Section 17 .16. 070 is
further amended by the addition to a new paragraph 5 of Subsection
D, and by the addition of a new Subsection E and a new Subsection
F to read as follows (words to be deleted are stricken through;
words to be added are capitalized):
17.16.070 Additional standards for R-1, R-2 and R-3 districts.
C. Accessory builel.in~s may be within five feet of the
rear lot line ONLY ONE ACCESSORY BUILDING, NOT INCLUDING
A FREE STANDING GARAGE, IS PERMITTED PER LOT AND SHALL BE
SETBACK AT LEAST FIVE FEET FROM ANY PROPERTY LINE.
ACCESSORY BUILDINGS ARE NOT PERMITTED IN THE FRONT YARDS
OR SIDE YARDS THAT FACE A PUBLIC STREET. ACCESSORY
BUILDINGS SHALL BE OF A SIMILAR COLOR AS THE PRIMARY
BUILDING, MAY NOT EXCEED A HEIGHT OF TWELVE FEET, AND
SHALL NOT EXCEED ONE HUNDRED SIXTY SQUARE FEET OF FLOOR
AREA. CONSTRUCTION MATERIALS SHALL BE SIMILAR TO THE
PRIMARY BUILDING, EXCEPT THAT PREMANUFACTURED METAL
ACCESSORY BUILDINGS ARE PERMITTED.
D. 5.
REQUIRED
AMERICANS
HANDICAPPED SPACES SHALL BE PROVIDED
BY APPLICABLE FEDERAL LAW, INCLUDING
WITH DISABILITIES ACT.
AS
THE
E. NO MOTOR VEHICLE MAY BE PARKED IN THE FRONT YARD OR
SIDE YARD OF A RESIDENTIAL LOT EXCEPT ON A PAVED OR
GRAVELED DRIVEWAY WHICH IS INTENDED FOR PARKING OR ACCESS
TO A GARAGE OR CARPORT. SUCH DRIVEWAY SHALL NOT EXCEED
EIGHT HUNDRED SQUARE FEET IN AREA.
F. ONLY _ONE FREE STANDING GARAGE IS PERMITTED PER LOT
OR DWELLING UNIT AND SHALL BE SUBJECT TO THE SAME SETBACK
REQUIREMENTS AS THE MAIN BUILDING. FREE STANDING GARAGES
SHALL BE OF A SIMILAR COLOR AND ARCHITECTURAL STYLE, AND
CONSTRUCTED OF SIMILAR MATERIALS, AS THE MAIN BUILDING.
Section 14.
Code is amended
stricken through;
Section 17. 20, 01_0 of the Firestone Municipal
to read as follows (words to be deleted are
words to be added are capitalized):
17.20.010 C-1 districts--Uses permitted. Uses permitted
in C-1 districts shall be as follows:
}\. All uses permitted iR the R 3 district as stated
therefor,
4
. .
f½-A. Places serving food or beverages for consumption
inside of an enclosed building;
G-:-B. Membership clubs;
fl-7C. Offices and clinics;
-&,.D. Neighborhood business uses, including grocery
stores, drug stores, gift shops, hardware stores, florist
shops, banks, and similar indoor business uses primarily
serving the daily needs of the immediate neighborhood;
¥-:-E. Personal service shops, including barber shops,
beauty parlors, shoe repair shops, dry cleaning outlets,
and self-service laundries;
8-:-F. Accessory buildings and uses;
th-G. Churches and other places of assembly.
Section 15. Paragraph 1, 5, and 6 of Subsection B, and
Subsection C of Section 17.20.020 of the Firestone Municipal Code
are hereby repealed, and the remaining paragraphs of Subsection B
are renumbered accordingly, and Subsection D is renumbered as
Subsection C.
Section 16. Paragraph 23 of Subsection B of Section
17.20.030 of the Firestone Municipal Code is hereby repealed, and
Paragraphs 21 and 22 of Subsection Bare amended to read as follows
{words to be deleted are stricken through; words to be added are
capitalized):
17.20.030 C-M districts--Uses permitted.
B. 21. Tire vuleaRiiliR§, WAREHOUSES AND ENCLOSED
STORAGE,
22. 'I'raRsportatioR
STATIONS.
GASOLINE SERVICE
Section 17. Subsection C of Section 17. 20. 040 of the
Firestone Municipal Code is hereby amended to read as follows
{words to be deleted are stricken through; words to be added are
capitalized) :
17.20.040 M-1 districts--Uses permitted.
C. Travel and parking portions of the lot shall be
surfaced with asphalt, concrete, eoffi]9resseci §ravel or
equivalent HARD surfacing, OR OTHER SURFACE APPROVED BY
THE TOWN ENGINEER.
5
' '
Section 18. Section 17.20.060 of the Firestone Municipal
Code is amended to read as follows (words and numbers to be deleted
are stricken through; words to be added are capitalized; numbers to
be added are underlined):
A.
B.
C.
D.
E.
F.
17.20.060 Commercial and industrial density schedule.
Minimum setback from eeHter
RIGHT-OF-WAY line of street in feet
Minimum rear setback from
rear lot line er, if there is
aa alley, from the center line
ef the alley in feet
50
20
50
15
CM
50
10
50 50
10 10
Floor area ratio iH tetal s~uare
feet to square feet in lot area
as a percentage of lot area 30% 30% 30% 3.5% 40k
Parking spaces
Maximum height
> • I '>"
·t • I
One space for every 350 4-&B-square
feet of floor space, except hotels
and motels, and other rental units,
which must have one space for every
rental unit
40 feet or 3 stories
•
• • ' . .. '
-l Minimum floor space ap-'
pl'icable to hotels,
motels rooming houses or
other rental units -Must be! 500 FEET FOR EACH RENTAL
'• UNIT, 300 square.feet. for each HOTEL
OR MOTEL rental unit
. ' t ~
...
Section 19.,
Code is repealed·
follows:
· Section •17. 32. 020 of the• Firestone Municipal
~nd ~:i:-een~cted, · with amendments, to read as
1 7. 32. 02 O Procedure--Hearing~ -Findings of fact. Whenever
an applicant makes application for a special use permit,
the following procedure shall be followed:
A. The applicant shall file an application with the
Town Clerk for a special use permit. The application
shall contain the following information.
1. Description of the lot on which the use is to
be located;
2. Identification of the owners of the surface and
mineral rights owner;
6
3. Description of the use for which the special
use permit is sought;
4. A statement describing the benefits of the
proposed use, how that use will be compatible with
surrounding uses and the impact will have relative to the
criteria as set forth;
5. A statement describing by name and address of
the adjoining landowners with the Town.
6. Any other information required by the Firestone
Development Regulations.
B. The special use permit application shall be
processed in accordance with the development procedures
set forth in the Firestone Development Regulations. The
Planning Commission and the Board of Trustees shall
provide notice and hold a public hearing on the special
use permit application in the manner prescribed by
Chapter 1 7. 44 for the amendment or change of zoning
ordinances.
Section 20.
is amended by the
follows:
Chapter 16.04 of the Firestone Municipal Code
addition of a new Section 16.04.050 to read as
16.04.050 Firestone Development Regulations .. The Board
of Trustees shall from time to :time adopt development
regulations by ·· resolution establishing standards and
procedures not inconsistent with this Title relating to
the subdivision. of land within the Town and implementing
the provisions of this title'. · Such rules and regulations
shall be open to public inspection.' All applicants for
the subdivision of land shall be advised as to existence
of such regulations and which shall be made available to
such applicants. •
Section 21. Any person who violates any provision of this
Ordinance shall be punished by a fine of not more than $1,000 or by
imprisonment not to exceed 1 year or both such fine and
imprisonment. Each day during any portion of which any violation
of any provision of this ordinance is committed, continued, or
permitted by any such person shall be a separate offense.
Section 22. The
determines, and declares
protection of the public
Board of Trustees herewith finds,
that this ordinance is necessary for the
health and safety.
Section 23. If any portion of this ordinance is held to be
invalid for any reason, such decision shall not affect the validity
of the remaining portions of this ordinance. The Board of Trustees
7
hereby declares that it would have passed this ordinance and each
part hereof irrespective of the fact that any one part be declared
invalid.
Section 24. The repeal or modification of any provision of
the Firestone Municipal Code by this ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any
penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision
shall be treated and held as still remaining in force for the
purpose of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty,
forfeiture, or liability, as well as for the purpose of sustaining
any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or
prosecutions.
Section 25. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
conflict.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this /)/Jl:,day of ~ , 1996.
T. L. Peterson
Town Clerk
032696/l455[sar]c:FIRESTON\T17zoJe.ord
8
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
ORDINANCE NO. 0,J.J.
AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE TOWN OF
FIRESTONE, COLORADO; ADOPTING BY REFERENCE THE 1995
EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO
MUNICIPALITIES;" MAKING AMENDMENTS THERETO; AMENDING
CERTAIN SECTIONS OF THE FIRESTONE MUNICIPAL CODE IN
CONNE~TION THEREWITH; PROVIDING PENALTIES FOR VIOLATIONS
OF THE ADOPTED CODE; AND REPEALING ALL ORDINANCES IN
CONFLICT THEREWITH.
WHEREAS, pursuant to Section 42-4-110 (1) (b), C.R.S.,
municipalities may in the manner prescribed by Article 16 of Title
31, C.R.S., adopt by reference all or any part of a model municipal
traffic code that embodies the rules of the road and vehicle
requirements as set out in the state traffic laws; and
WHEREAS, the Colorado Department of Transportation has
prepared and adopted a 1995 revised edition of the Model Traffic
Code for Colorado Municipalities; and
WHEREAS, the Town desires to adopt the all or a portion of the
1995 revised· edition of the Model Traffic Code: 'for Colorado
Municipalities, with amendments.
NOW, THEREFORE, BE IT ORDAINED BY.THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE,,COLORADO: . '
Section 1. Section 10.04.020 of the Firestone Municipal
Code is hereby repealed and reenacted, with amend~ents, to read as
follows: . , ·'
10. 04. 020 Model Traffic Code--Adopted--Copy on
file. Pursuant to parts 1 and 2 of article 16 of title
31, C.R.S., as amended, there is hereby adopted by
reference Articles I and II inclusive of the 1995 Edition
of the "Model Traffic Code for Colorado Municipalities,"
promulgated, published and adopted August 17, 1995 by the
Colorado Department of Transportation, Staff Traffic and
Safety Projects Branch, 4201 East Arkansas Ave., Denver,
Colorado 80222. The subject matter of the Model Traffic
Code relates primarily to comprehensive traffic control
regulations for the Town. The purpose of the Code
adopted herein is to provide for a system of traffic
regulation consistent with state law and generally
conforming to similar regulations throughout the state
and the nation. At least three (3) copies of the Model
1
Traffic Code adopted herein are on file in the office of
the Clerk of the Town, and may be inspected during
regular business hours, as required by law.
Section 2.
Code is hereby
follows:
Section 10. 04. 030 of the Firestone Municipal
repealed and reenacted, with amendments, to read as
10. 04. 03 o Model Traffic Code--Applicability.
This chapter and the Model Traffic Code adopted herein
shall apply to every street, alley, sidewalk area,
driveway, park, and to every other public way, or public
place or public parking area, 'either within or outside
the corporate limits of the Town, the use of which the
Town has jurisdiction and authority to regulate. The
provisions of section 1401, 1402 and 1413 of the adopted
Model Traffic Code, respectively concerning reckless
driving, careless driving, and eluding a police officer,
shall apply not only to public places and ways but also
throughout the Town.
Section 3. Section 10.04.050 of the Firestone Municipal
Code is hereby repealed and reenacted, with amendments, to. provide
for the following additions, modifications, or deletions to the
Code adopted by this ordinance, to read as follows:
10. 04. 050 Additions or modifications. The
following additions, amendments, or deletions are made to
Article I of the· Model Traffic Code for Colorado
Municipalities, 1995 Edition:
A. Section 106, Who may restrict right to .use
highways, is amended by the addition of a new subsection
(4) to read as follow:
(4) When official signs are posted giving
notice thereof, no person shall operate·a truck or
other commercial vehicle with a gross weight in
excess of 10,000 pounds at any time upon any
municipal street within the Town except for Grant
Avenue.
B. Section 1101, Speed Limits, subsection (4) and
subsection (7) are deleted, and subsection (2) is amended
to read as follows:
(2) Where speed limits are posted by an
official traffic control device, it shall be
unlawful for any person to drive any vehicle in
excess of the posted speed limits. Where speed
limits are not posted, and where no special hazard
2
exists that requires a lower speed, the following
speeds shall be lawful:
(a) Twerity-five (25) miles per hour in any
residence district, as defined in Section 42-1-
102 (80), C.R.S.;
(b) Thirty (30) miles per hour in any business
district, as defined in Section 42-1-102(11),
C.R.S.;
(c) Fifteen (15) miles per hour in alleys;
C. Section 1204, Stopping, standing, or parking
prohibited in specific places, is amended by the addition
•Of a new subsection ( 1) ( 1) to read as follows:
Section 1204. (1) (1) Adjacent to any municipal
park unless the occupants of the parked vehicle are
using the park or park facilities.
D. Section 1212, Trailer, Trailer Coach or Mobile
Home Parking, ·is added to read as follows:
Section 1212. Trailer, Trailer Coach or Mobile
Home Parking. As defined herein, no trailer,
trailer coach; or mobile home or any trailer under
two thousand (2,000) pounds, shall be parked,
attached or detached, on any public right-of-way in
the Town.
E. Section 1213, Bus, Trailer Coach, Mobile Home,
Motor Home, Recreation Vehicle Restrictions, is added to
rea.d as follows:
Section 1213. Bus, Trailer Coach, Mobile Home,
Motor Home, Recreation Vehicle Restrictions. No
bus, trailer coach, mobile home, self-propelled
motor home or recreational vehicle shall be used
for living, sleeping or residing on any street or
public right-of-way within the Town.
F. Section 1214, Parking Not to Obstruct Traffic
or Maintenance, is added to read as follows:
Section 1210. Parking Not to Obstruct Traffic or
Maintenance. No'person shall park any vehicle upon
a street or highway in such a manner or under such
conditions as to interfere with the free movement
of vehicular traffic or proper street or highway
maintenance.
3
G. Section 1402, Careless Driving, is amended to
read as follows:
Section 1402. Careless driving. (1) Any person
who drives any motor vehicle, bicycle or motorized
bicycle anywhere within the Town in a careless and
imprudent manner, without due regard for the width,
grade, curves, corners, traffic, traffic control
devices, traffic markings, objects, pedestrians, or
the use of the streets and highways, or any other
attendant circumstances, is guilty of careless
driving.
(2) It shall be prima facie evidence of a
violation of this section for a person driving a
motor vehicle to have cause the squealing of the
tires of the vehicle as the· result of the sudden
acceleration of the vehicle, or for such person to
have caused the vehicle to weave from side to side.
(3) It shall be prima facie evidence of a
violation of this section for a person driving a
motor vehicle, bicycle or motorized bicycle to have
collided with any stationary object, including but
not limited to a building or other structure,
fence, sign post, parked vehicle, utility pole or
barricade.
H. Subsections (1) and (2) of Section 1705 are
amended to read as follows:
Section 1705. Persons arrested to be taken before
the proper court. (1) Whenever a person is
arrested for any violation of this Code, the
arrested person, unless admitted to bail, shall be
taken without unnecessary delay before the
municipal judge, in any of the following cases:
(a) When a person arrested demands appearance
without unnecessary delay before a judge;
(b) When the person is arrested and charged
with an offense under this Code causing or
contributing to an accident resulting in injury or
death to any person;
(c) When the person is
of failure to stop in the
causing death, personal
arrested upon a charge
event of an accident
injuries, or property
damage;
4
(2) Whenever any person is arrested by a police
officer for any violation of this Code and is not
required to be taken before the municipal judge as
provided in subsection (1) of this section, the
arrested person shall, in the discretion of the
officer, either be given written notice or summons
to appear in court as provided in section 1707 and
admitted to bail or released upon personal
recognizance, or be taken without unnecessary delay
before the municipal judge when the arrested person
does not furnish satisfactory evidence of identity
or when the officer has reasonable and probable
grounds to believe the person will not appear in
court as directed by a summons. The court shall
provide a bail bond schedule and available
personnel to accept adequate security for such bail
bonds.
I. Section 1709 is amended to read as follows:
Section 1709. Whenever the defendant refuses to
accept service of the penalty assessment notice,
tender of such notice by the peace officer to the
defendant shall constitute service thereof upon the
defendant.
J. Section 1717, Conviction -Attendance at Driver
Improvement School, is amended to read as follows:
Section 1717. Conviction -Attendance at Driver
Improvement School. Whenever a person has been
convicted of violating any provision of this
Article regulating the operation of vehicles on
highways, the municipal court, in addition to the
penalty provided for the violation or as a
condition of either the probation, a deferred
sentence, or the suspension of all or any portion
of any fine or sentence of imprisonment for a
violation, may require the defendant, at the
defendant's own expense, if any, to attend and
satisfactorily complete a course of instruction at
any designated driver improvement school and
providing instruction in the traffic laws of this
state, instruction in recognition of hazardous
traffic situations, and instruction in traffic
accident prevention. Unless otherwise provided by
law, such school shall be approved by the court.
Section 4. Section 10.04.060 of the Firestone Municipal
Code is hereby repealed and reenacted, with amendments, to provide
for the following,deletions from the Code, which deleted sections
are declared to be inapplicable to the Town, to read as follows:
5
•
10. 04. 060 Deletions. The following sections of
Article I of the Model Traffic Code for Colorado•
Municipalities, 1995 Edition, are specifically not
adopted as· part of the adoption of said Code: Section
227 (3) (b); Section 229 (1); Section 235 (5); Section 601;
Section 1401 (2); Section 1412 (10) (d); Subsections (2) and
(5) of Section 1707; Subsections (2), (3) and (4) of
Section 1710; Section 1901; Subsections (6) and (7) of
Section 1903; Section 1904.
Section 5. The following listed sections contained in
Chapter 10. 04 of Title 10 of the Firestone Municipal Code are
hereby repealed in their entirety:
10.04.070
10.04.080
10.04.085
10.04.090
10.04.100
10.04.110
10.04.120
10.04.130
10.04.140
10.04.150
10. 04. :).60'
10.04.170
Section 4-l(c)--Unlawful spe~d;
Section 4-2--Decrease of speed limits at
intersections;
Section 5-2--Careless driving;
Section 11-1 (a) (12) --Parked vehicles;
Sections 11-4 and 11-5--Trailers, mobile homes and
recreational vehicles;
Section 12-4 --Overnight parking; . , .•
Section 22-9~-Notice to appear in court
Section 26-1--Through streets;
Secti'on 26-2--Decreased speed limits;
Section 26-5--One-way streets;
Section 26-8--Parking·ti.me·prohibi'ted at all times
on certain. streets; . . . ..
Section 26-9--Parking time limited on certain
streets; , . . ,
10. 04 .180 Section 26-13~-Weight limitations.upon vehicle using
. certain 'streets. . .
10.04.185 Section 21-14--Compulsory insurance.
Section 6. Section 10.04.200 of the Firestone Municipal
Code is hereby repealed and reenacted, with amendments, to read as
follows:
10. 04. 200 Violations--penalties. It shall be
unlawful for any person to violate any of the provisions
of this chapter or the Model Traffic Code adopted herein.
Any person convicted of a violation of the provisions of
this chapter or the Model Traffic Code adopted herein
shall be subject to the penalties set forth in section
1.16.010 of the Firestone Municipal Code.
Section 7. Any person who violates any provision of this
Ordinance or the Model Traffic Code adopted herein shall be
punished by a fine not exceeding nine hundred ninety nine dollars
($999.00), or by imprisonment not exceeding one (1) year, or by
both such fine and imprisonment, as set forth in Section 1.16.010
of the Firestone Municipal Code.
6
Section 8.
determines, and
preservation of
The Board of Trustees
declares that this ordinance is
the public health and safety.
herewith finds,
necessary for the
Section 9. If any portion of this ordinance is held to be
invalid for any reason, such decision shall not affect the validity
of the remaining portions of this ordinance. The Board of Trustees
hereby declares that it would have passed this ordinance and each
part hereof irrespective of the fact that any one part be declared
invalid.
Section 10. The repeal or modification of any provision of
the Firestone Municipal Code by this ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any
penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision
shall be · treated and held as still remaining in force for the
purpose of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty,
forfeiture, or liability, as well as for the purpose of sustaining
any judgment, decree, or order which can or may be rendered,
entered, or made in such actions,: suits, proceedings, or
P rosecutions. ' , \ · t ' t . •
Section 11. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby re·p~aled ~o: the extent of such inconsi,stency or
conflict.
READ, AND SET FOR PUBLIC ~EARING, this _(L_~ay of
1996. , • ' · •
ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 92/L day
of -~£L!d:a?:o/"'-------' 19 9 6 .
Attest:
~{~
Town Clerk
040496/725[sar]c:fireston\mtc1995.ord
7
TO~_CDLO~
Rickatterson
Mayor
,;;., -..,_
~-c-cc-1
\ C/' a-' -__ j .
------' -.
ORDINANCE NO. ..J-33
AN ORDINANCE APPROVING AN ANNEXATION, KNOWN AS THE J & M
ZADEL ANNEXATION, TO THE TOWN OF FIRESTONE, COLORADO
WHEREAS, a petition for annexation of certain unincorporated
property, to be known as the J & M Zadel Annexation, and described
in Exhibit A attached hereto, has been filed with the Board of
Trustees of the Town of Firestone; and
WHEREAS, the owners of one hundred percent of the area,
exclusive of streets and alleys, have petitioned for annexation to
the Town; and
WHEREAS, the Town is desirous of annexing the described
property; and
WHEREAS, four (4) copies of an annexation map of the area, as
required by law, were filed with the Board of Trustees; and
WHEREAS, not less than one-sixth of the perimeter of the area
proposed to be annexed is contiguous with the Town of Firestone as
required by C.R.S. §31-12-104; and
WHEREAS, a community of interest exists between the area
proposed to be annexed and the Town of Firestone; and
WHEREAS, the area proposed to be annexed is urban; and
WHEREAS, the area proposed to be annexed is integrated with or
is capable of being integrated with the Town of Firestone; and
WHEREAS, the annexation of the territory proposed to be
annexed will not result in the detachment of area from any school
district; and
WHEREAS, 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; and
WHEREAS, the Town has a plan in place, pursuant to C.R.S. §31-
12-105 (1) (e); and
WHEREAS, the Board of Trustees, by resolution, has determined
that the petition is in substantial compliance with the applicable
laws of the State of Colorado, that the area proposed to be annexed
is eligible for annexation, and further has determined that an
election is not required, and further found that no additional
terms and conditions are to be imposed upon said annexation except
any provided for in said petition.
1
-2505972 -B-1561° P427 08/12/96 03: 45P PG 1 OF 3 REC DOC
· Weld County co JA Suki Tsukamoto Clerk & Recorder 16.00
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The annexation to the Town of Firestone of the
property described in Exhibit A attached hereto and incorporated
herein by this reference is hereby approved and annexed to the Town
of Firestone.
Section 2. Th'e annexation of said territory is subject to the
conditions provided for in the petition for annexation of said
property filed with the Town of Firestone.
Section 3. This ordinance is deemed necessary for the
protection of. the .health, welfare ,and safety of the community.
INTRODUCED, READ, ADOPTED, APPROVED, AND.ORDERED PUBLISHED IN
FULL this ~ay of --.-"'~~46'<,<;,<',V=-· -----' 1996.
T. L. Peterson
Town Clerk
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
~
I 2505972 B-1561 P-127 08/12/96 03:45P PG 2 OF 3 7
2
. '
EXHIBIT A
to
TOWN OF FIRESTONE, COLORADO
ORDINANCE NO. ,132
LEGAL DESCRIPTION
The southwest quarter ( S.W. 1/4) of the southeast quarter ( S.E. 1/4) and the
westerly 330 feet of the southeast quarter ( S.E. 1/4) of the southeast quarter ( S.E. 1/4)
of section eighteen ( 18) township two ( 2) north, range sixty-seven ( 67) west of the
6th p.m., county of Weld, state of Colorado.
-~-~-----~---------------;-I
(2505972 B-1561 P-127 08/12/96 03:45P PG 3 OF 3
!
3
\~;~e~"rl),ve._ rowJ
P C '2>.o'r"-\Oo
j"O?-<a
ORDINANCE NO.
AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF
FIRESTONE AND KNOWN AS THE J & M ZADEL ANNEXATION
WHEREAS, a petition for annexation of certain property,
described in Exhibit A attached hereto and known as the J & M Zadel
Annexation, was filed with the Board of Trustees of the Town of
Firestone; and
WHEREAS, said property was annexed by ordinance to the Town;
and
WHEREAS, the Board of Trustees must provide for the zoning of
said property; and
WHEREAS, the Board of Trustees provided notice of the public
hearing on said zoning by publication as provided by law; and
WHEREAS, no protests were received by the Town pursuant to
C.R.S. §31-23-305; and
WHEREAS, the landowners of said property requested a R-1
(Residential 1 District) zoning classification in the petition to
annex said property; and·
WHEREAS, an R-1 zoning use classification is consistent with
the Town's plan for the area; and
WHEREAS, the Firestone Planning Commission recommended the
Board of Trustees's.approval of said R-1 classification.
' : .. . .,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
-\ j • ' • ' . . , . . .
Section 1., ,That certain property known as the J & M Zadel
Annexation, the legal description of which is set forth in Exhibit
A attached _hereto and incorporated herein by this reference, is
hereby zoned R-·1, Residenti'al 1 District: pursuant to the zoning
ordiriances·of the,Town, and the Town.zoning map·shall be amended
accordingly. · ~
Section 2. If any article, section, paragraph, sentence,
clause or phrase of this ordinance is held to be unconstitutional
or .invalid for any reason, such decision shall not affect the
validity or constitutionality of the remaining portions of this
ordinance. The Board of Trustees hereby declares that it would have
passed this ordinance and each part or parts hereof irrespective of
the fact that any one part or parts be declared unconstitutional or
invalid.
1
Section 3. This ordinance is deemed necessary for the
protection of the health, welfare and safety of the community.
INTRODUCED, READ,
FULL this h_~ay of
ADOPTED, APPROVED, AND ORDERED PUBLISHED IN a12 _,__..'.b , 1996.
Attest:
~"'e"'~"'"•-'-s-o_n_· -----
Town Clerk
041896/1052[sar)c:Fireston\zadelzon.orC
2
TOWN OF FIRESTONE, COLORADO
Rick Pattb-son
Mayor
•
-. ~ ~~~ ---~-_:_· __ -~~~~~:~~--~2~~~~~~~~~~·-
·. ;; ' ~~\·\.::-~::'.
--------------~---··-------~-------'..~;-:~--~---·
EXHIBIT A
· to
TOWN OF FIRESTONE, COLORADO
ORDINANCE NO. .$3'/
LEGAL DESCRIPTION
The southwest quarter ( S. W. 1/4 ) of the southeast quarter ( S.E, 1/4 ) and the
westerly 330 feet of the southeast quarter ( S.E. 1/4) of the southeast quarter ( S.E. 1/4)
of section eighteen ( I 8 ) township two ( 2 ) north, range sixty-seven ( 67 ) west of the
6th p.m., county of Weld, state of Colorado.
3
.. -.
---\i,~ -~,::: .. -
OCT-30-96 WED 12:03
2518020 B-1574 P-481 10/30/96 11:51A PG 1 OF 4
Weld County co JA Suki Tsukamoto Clerk & Recorder ----------·-------
ORDINANCE NO, .:J.J.S'
REC
21.00
AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF
FIRESTONE AND KNOWN AS THE DOLLAGHAN ANNEXATIONS.
P. 02
DOC
WHEREAS, a petition for annexation of certain property,
described in Exhibit A attached hereto and made a part hereof, and
known as the Dollaghan Annexation No. l, No. 2, and No. 3, was
filed with the Board of Trustees of the Town of Firestone; and
WHEREAS, said property was annexed to the Town by ordinance;
and
WHEREAS, the Board of Trustees must provide for the zoning of
said property; and
WHEREAS, the Board of Trustees provided notice of the public
hearing on said zoning by publication as provided by law; and
WHEREAS, no protests were received by the Town pursuant to
C,R,S. §31-23-305; and
WHEREAS, the landowners of said property requested a Planned
Unit Development (PUD) zoning classification and have submitted an
Outline Development Plan in connection with said zoning request;
and
WHEREAS, a Planned Unit Development zoning classification is
consistent with the Town's plan for the area encompassed by the
Dollaghan Annexation No. 3, and a residential zoning classification
is appropriate for the Dollaghan Annexation No. 1 and No. 2 which
consist solely of road'right-of-way; and
WHEREAS, the Firestone Planning Commission has held a public
hearing on the landowner's zoning request, and forwarded its
recommendation to the Board of Trustees, and the Board of Trustees
have duly considered that recommendation; and
WHEREAS, the Board of Trustees declares that an emergency
exists because of the need to zone the property within the time
required by state statute. • NOW, THEREFORE, BE IT ORDAINED :SY THE BOARD OF TRUSTEES OF TfiE
TOWN OF FIRESTONE, COLORADO:
Section 1. That certain property known as the Dollaghan
Annexation No. 1, and the Dollaghan Annexation No. 2, the legal
descriptions of which are set forth in Exhibit A attached hereto
and made a part hereof, are hereby zoned R-1 (Residential) pursuant
to the zoning ordinances of the Town, and the Town zoning map shall
be amended accordingly.
l
OCT 30 '96 11:55 PAGE.002
OCT-30-96 WED 12:04 P.-03
,2518020 B-1574 P-481 10/30/96 11:51A PG 2 OF 4
Section a. That certain property known as the Dollaghan
Annexation No. 3, the legal description of which is set forth in
Exhibit A attached heieto and made a part hereof, is hereby zoned
PUD -Planned Unit Development Zone District pursuant to the zoning
ordinances of the .Town and in accordance with the Dollaghan P. U. D
Outline Development Plan approved by the Board of Trustees and on
file with the Town, and the Town zoning map shall be amended
accordingly.
Section 3. The Board of Trustees herewith finds, determines,
and declares that this ordinance is necessary to the immediate
preservation of the public health and safety. This ordinance shall
be effective upon adoption and approval by the Mayor.
INTRODUCED, READ, ADOPTED, APPROVEO, AND ORDERED PUBL!SHED IN
FULL this "Zf! day of __ ~Ao/.~,='1-------• 1996.
Attest,
T~Peterson
Town Clerk
CS099t/10!0tear}c1f£restone\dcllzone.ord
OCT 30 '96 11=56
2
TOWN OF FIRESTONE, COLORADO
Rick Patt~rson
Mayor
PAGE.003
OCT-30-96 WED 12:04
.. ·-,_ ---~~~-
: 2518020 B-1574 P-481 10/30/96 ll:51A PG 3 OF 4
EXHIBIT A
to
TOWN OF FIRESTONE, COLORADO
ORDINANCE NO. ,J3f"
LEGAL DESCRIPTION
DOLLAGH.i\N ANNEXATION NO, 1:
P.04
THAT l=·ORTION OF SECTIONS 17 AND 18, TOWNSHIP 2 NORTH, RANGE 67 WEST
OF THE' SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING A'l' THE EAST ONE-QUARTER CORNER OF SAID SECTION 18; THENCE
ALONG THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 18
SOUTH 00°00' 02 11 WEST 1321. 77 FEET TO THE NORTHEAST CORNER OF THE
SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION
18; TnENCE SOUTH 69°56'54" EAST 30.00 FEET; THENCE SOUTH 00°00'02"
WEST ~291.86 FEET; THENCE NORTH 89°46'11" WEST 30.00 FEET TO A
POINT ON THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAlD SECTION
18 , WHENCE THE SOUTHEAST CORNER THEREOF BEARS SOUTH O o•o O ' 0 2 11 WEST
30.00 FEET; THENCE NORTH 88°46'05" WEST 30,00 FEET; THENCE ALONG
THE EAST LINE OF 'l'HE LAWSON ANNEXATION TO FIRESTONE NORTH 00°00' 02 11
EAST 1291.68 FEET; THENCE NORTH 00°00'02 11 EAST 1321.69 FEET; THENCE
PARALLEL WITH THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID
SECTION 18 NORTH 00°51'27 11 WEST 1201.50 FEET; THENCE SOUTH 89°04'36"
EAST 30.00 FEET; THENCE ALONG THE EAST LINE OF SAID NORTHEAST ONE-
QUARTER SOUTH 00°51'27" EAST 1201.50 FEET TO THE POINT OF
BEGINNING, CONTAINING 3.516 ACRES MORE OR LESS.
DOLLAG~ ANNEXATION NO. 2:
THAT POR'l'ION OF SECTION 7, 8, 17 AND 18, TOWNSHIP 2 NORTH, RANGE 67
WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 18; THENCE
ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 18
NORTH 00°51'27" WEST 1201.50 FEET; THENCE NORTH 89°04'36" WEST 30.00
FEET; THENCE NORTH 00°51'27" WEST 1438.56 FEET TO A POINT ON THE
SOUTH LINE OF SAID SECTION 7, THENCE PARALLEL WITH AND 30.00 FEET
WEST 0~ THE EAST LlNE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION
7 NORTH 01°15'00 11 EAST 2698.55 FEET TO A POINT ON THE EAST-WEST
CENTERLINE OF SAID SECTION 7; THENCE PARALLEL WITH THE EAST LINE OF
THE NORTHEAST ONE-QUARTER OF SAID SECTION 7 NORTH 01 °14' 53" EAST
1009.61 FEET; THENCE SOUTH 89°17'35" EAST 30.00 FEET TO A POINT ON
THE EJI.ST LINE OF SAID SECTION 7, WHENCE THE NORTHEAST CORNER
THEREO:l' BEARS NORTH 01°14 1 53" EAST 1649.77 FEET; THENCE CONTINUING
1
OCT 30 '96 11:57 PRGE.004
OCT-30-96 WED 12:05 P.05
' . ,2518020 B-1574 P-481 10/30/96 11:51A PG 4 OF 4
SOUTH 89°17'35" EAST 30.Q0 FEET; THENCE SOUTH 01°14'53" WEST 1009.47
FEET; THENCE SOUTH 89°34'00" EAST 20.00 FEET; THENCE SOUTH 01'15'00"
WEST 2698.10 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 17;
THENCE PARALLE~ WITH AND 50.00 FEET EAST OF THE WEST LINE OF SAID
SECTION 17 SOUTH 00'51'27" E:AST 2640.14 FEET; THENCE SOUTH 89'52'49"
WEST 1.00 FEET; THENCE SOUTH 00'00'02 11 WEST 1321.92 FEET; THENCE
NORTH 89°56'56" WEST 49.00 FEET TO THE NORTHEAST CORNER OF THE
SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION
18; THENCE NORTH 00°00'02" EAST 1321.77 FEET TO THE POINT OF
BEGINNING, CONTAINING 11.854 ACRES MORE OR LESS.
DOLLAGHAN ANNEXATION NO. 3:
THAT PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 8 MD THAT
PORTION OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO , AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 7, WHENCE
THE SOUTHEAST CORNE:R OF SAID SECTION 7 BEARS SOUTH 01°15' 00" WEST
2595.58 FEET; THENCE ALONG THE EAST-WEST CENTERLINE OF SAID SECTION
7 NORTH 89°17'35" WEST 30.00 FEET TO THE POINT OF BEGINNING/ THENCE
SOUTH 01°15'00 11 WEST 2668,33 FEET; THENCE PARALLEL WITH AND 30.00
FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF
SECTION 7-NORTH 89°14'06" WEST 2591,36 FEET ; THENCE PARALLEL WITH
AND 30.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER
NORTH 89°28'42" WEST 2130,14 FEET TO A POINT ON THE EASTERLY RIGHT-
OF-WAY LINE OF THE ONION PACIFIC RAILROAD; THENCE ALONG SAID RIGHT-
OF-WAY LINE THE FOLLOWING SEVEN COURSES AND DISTANCES; NORTH
00°17'10" EAST 597.52 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE
ALONG THE ARC OF SAID CURVE (SAID CURVE HAVING A RADIUS OF 3719.5
FEET; A CENTRAL ANGLE OF 29°48'00 11 , CHORD OF SAID ARC BEARS NORTH
15'11' 10 11 EAST 1912. 96 FEET) A DISTANCE OF 1934. 70 FEET; THENCE
NORTH 30'05'10 11 EAST 255,90 FEET; THENCE ALONGI THE EAST-WEST
CENTERLINE OF SAID SECTION 7, NORTH 89°17'35" WEST 28,69 FEET;
THENCE NORTH 30°05'10 11 EAST 1550.16 FEET/ THENCE ALONG THE NORTH
LINE OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER, SOUTH
89'13'55 11 EAST 28.67 FEET; THENCE NORTH 30°05'10" EAST 1513.90 FEET
TO A POINT 30. 00 SOUTH OF THE NORTH LINE OF THE NORTHWEST ONE-
QUARTER OF SAID SECTION 7; THE:NCE LEAVING SAID EASTERLY RIGHT-OF-
WAY LINE SOUTH 89'10'20 11 EAST 59.01 FEET TO A POINT ON THE NORTH-
SOUTH CENTERLINE OF SAID SECTION 7; THENCE PARALLEL WITH AND 30.00
FEET SOUTH OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 7, SOUTH
88°24'44" EAST 2640,29 FEET TO A POINT ON THE EAST LINE OF SAID
NORTHEAST ONE-QUARTER; THENCE SOOTH 89°35'00 EAST 30.00 FEET;
THENCE PARALLEL WITH SAID EAST LINE SOUTH 01 °14' 53" WEST 1619. 92
FEET; THENCE NORTH 89°17'35 WEST 60.00 FEET; THENCE SOUTH 01°14•53
WEST 1009.61 FEET TO THE POINT OF BEGINNING, CONTAINING 491.766
ACRES MORE OR LESS,
2
OCT 30 '96 11:ss PAGE.005
jD-¢(1 i Prt~r-c-
f D ,;J0;(/0 o
;;/ ,,,s f.c ,,,_,,_ e,o Y 05,,12._ O
-' , '
ORDINANCE NO . .J3$' -'
AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF
FIRESTONE AND KNOWN AS THE DOLLAGHAN ANNEXATIONS.
WHEREAS, a petition for annexation· of certain property,
described in Exhibit A attached hereto and made a part hereof, and
known as the Dollaghan Annexation No. 1, No. 2, and No. 3, was
filed with the Board of Trustees of the Town of Firestone; and
WHEREAS, said property was annexed to the Town by ordinance;
and
WHEREAS, the Board of Trustees must provide for the zoning of
said property; and
WHEREAS, the Board of Trustees provided notice of the public
hearing on said zoning by publication as provided by law; and
WHEREAS, no protests were received by the Town pursuant to
C.R.S. §31-23-305; and •
WHEREAS, the landowners of said property requested a Planned
Unit Development (PUD) zoning classification and have submitted an
Outline Development Plan in connection with said zoning request;
and , '"'-
• . . \.
WHEREAS, a Planned Unit Development zoning classification is
consistent with the Town'.s plan for the area encompassed by the
Dollaghan Annexation No. 3, and a·residential zoning classification
is appropriate for the Dollaghan Annexation No. 1 and No. 2 which
consist solely of road right-of-way; and
' .
WHEREAS, the_ Firestone Planning Commission has held a public
hearing on , the landowner's zoning• request, and forwarded its
recommendation to the Board of Trustees, and the Board of Trustees
have duly considered that recommendation; and
WHEREAS, the Board of Trustees declares that an _emergency
exists because of the need to zone the property within the time
required by state statute.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:_,
Section 1. That certain property known as the Dollaghan
Annexation No. 1, and the Dollaghan Annexation No. 2, the legal .
descriptions of which are set forth in Exhibit A attached hereto
and made a part hereof, are hereby zoned R-1 (Residential) pursuant
to the zoning ordinances of the Town, and the Town zoning map shall
be amended accordingly.
1
Section 2. That certain property known as the Dollaghan
Annexation No .. 3, the legal description of which is set forth in
Exhibit A attached hereto and made a part hereof, is hereby zoned
PUD -Planned Unit Development Zone District pursuant to the zoning
ordinances of .the Town and in accordance with the Dollaghan P. U. D
Outline Development Plan approved by the Board of Trustees and on
file with the Town, and the Town zoning map shall be amended
accordingly.
Section 3. The Board of Trustees herewith finds, determines,
and declares that this ordinance is necessary to the immediate
preservation of the public health and safety. This ordinance shall
be effective upon adoption and approval by the Mayor.
ADOPTED, APPROVED, AND ORDERED PUBLISHED IN INTRODUCED, READ,
FULL this ~ day of --'~/.~~~iry=;z_ ______ , 1996.
Attest:
~~ T~terson
Town Clerk
050996/lOSO[sar]c:firestone\dollzone.ord
2
TOWN OF FIRESTONE, COLORADO
Rick Patt€!rson
Mayor
EXHIBIT A
to
TOWN OF FIRESTONE, COLORADO
ORDINANCE NO. ,'J3f,,,,
LEGAL DESCRIPTION
DOLLAGHAN ANNEXATION NO. 1:
THAT PORTION OF SECTIONS 17 AND 18, TOWNSHIP 2 NORTH, RANGE 67 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 18; THENCE
ALONG THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 18
SOUTH 00°00'02" WEST 1321.77 FEET TO THE NORTHEAST CORNER OF THE
SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION
18; THENCE SOUTH 89°56'54" EAST 30.00 FEET; THENCE SOUTH 00°00'02"
WEST 1291. 86 FEET; THENCE NORTH 89°46' 11" WEST 30. 00 FEET TO A
POINT ON THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION.
18, WHENCE THE SOUTHEAST CORNER THEREOF BEARS SOUTH 00°00'02" WEST
30.00 FEET; THENCE NORTH 88°46'05" WEST 30.00 FEET; THENCE ALONG
THE EAST LINE OF THE LAWSON ANNEXATION TO FIRESTONE NORTH 00°00'02"
EAST 1291.68 FEET; THENCE NORTH 00°00'02" EAST 1321.69 FEET; THENCE
PARALLEL WITH THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID
SECTION 18 NORTH 00°51'27" WEST 1201.50 FEET; THENCE SOUTH 89°04'36"
EAST 30.00 FEET; THENCE ALONG THE EAST LINE OF SAID NORTHEAST ONE-
QUARTER SOUTH 00°51'27" EAST 1201.50 FEET TO THE POINT OF
BEGINNING, CONTAINING 3.516 ACRES MORE OR LESS.
DOLLAGHAN ANNEXATION NO. 2:
THAT PORTION OF SECTION 7, 8, 17 AND 18, TOWNSHIP 2 NORTH, RANGE 67
WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 18; THENCE
ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 18
NORTH 00°51'27" WEST 1201.50 FEET; THENCE NORTH 89°04'36" WEST 30.00
FEET; THENCE NORTH 00°51'27" WEST 1438.56 FEET TO A POINT ON THE
SOUTH LINE OF SAID SECTION 7, THENCE PARALLEL WITH AND 30.00 FEET
WEST OF THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION
7 NORTH 01°15'00" EAST 2698.55 FEET TO A POINT ON THE EAST-WEST.
CENTERLINE OF SAID SECTION 7; THENCE PARALLEL WITH THE EAST LINE OF
THE NORTHEAST ONE-QUARTER OF SAID SECTION 7 NORTH 01°14' 53" EAST
1009.61 FEET; THENCE SOUTH 89°17'35" EAST 30.00 FEET TO A POINT ON
THE EAST LINE OF SAID SECTION 7, WHENCE THE NORTHEAST CORNER
THEREOF BEARS NORTH 01°14'53" EAST 1649.77 FEET; THENCE CONTINUING
1
•
SOUTH 89°17'35 11 EAST 30. 00 FEET; THENCE SOUTH 01 °14' 53 11 WEST 1009. 4 7
FEET; THENCE SOUTH 89°34'00 11 EAST 20.00 FEET; THENCE SOUTH 01°15'00 11
WEST 2698.10 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 17;
THENCE PARALLEL WITH AND 50.00 FEET EAST OF THE WEST LINE OF SAID
SECTION 17 SOUTH 00°51'27 11 EAST 2640.14 FEET; THENCE SOUTH 89°52'49 11
WEST 1.00 FEET; THENCE SOUTH 00°00'02 11 WEST 1321.92 FEET; THENCE
NORTH 89°56'56 11 WEST 49.00 FEET TO THE NORTHEAST CORNER OF THE
SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION
18; THENCE NORTH 00°00'02 11 EAST 1321.77 FEET TO THE POINT OF
BEGINNING, CONTAINING 11.854 ACRES MORE OR LESS.
DOLLAGHAN ANNEXATION NO. 3:
THAT PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 8 AND THAT
PORTION OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO , AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 7, WHENCE
THE SOUTHEAST CORNER OF SAID SECTION 7 BEARS SOUTH 01°15'00 11 WEST
2595.58 FEET; THENCE ALONG THE EAST-WEST CENTERLINE OF SAID SECTION
7 NORTH 89°17'35 11 WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE
SOUTH 01°15'00 11 WEST 2668.33 FEET; THENCE PARALLEL WITH AND 30.00
FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF
SECTION 7 NORTH 89°14'06 11 WEST 2591.36 FEET ; THENCE PARALLEL WITH
AND 30.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER
NORTH 89°28' 42 11 WEST 2130 .14 FEET TO A POINT ON THE EASTERLY RIGHT-
OF-WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE ALONG SAID RIGHT-
OF-WAY LINE THE FOLLOWING SEVEN COURSES AND DISTANCES; NORTH
00°17'10 11 EAST 597.52 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE
ALONG THE ARC OF SAID CURVE (SAID CURVE HAVING A RADIUS OF 3719.5
FEET; A CENTRAL ANGLE OF 2 9°4 8' 0 0 11 , CHORD OF SAID ARC BEARS NORTH
15°11' 10 11 EAST 1912. 96 FEET) A DISTANCE OF 1934. 70 FEET; THENCE
NORTH 30°05'10 11 EAST 255.90 FEET; THENCE ALONG THE EAST-WEST
CENTERLINE OF SAID SECTION 7, NORTH 89°17'35 11 WEST 28.69 FEET;
THENCE NORTH 3 0°05' 10 11 EAST 1550. 16 FEET; THENCE ALONG THE NORTH
LINE OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER, SOUTH
89°13'55 11 EAST 28.67 FEET; THENCE NORTH 30°05'10 11 EAST 1513.90 FEET
TO A POINT 30. 00 SOUTH OF THE NORTH LINE OF THE NORTHWEST ONE-
QUARTER OF SAID SECTION 7; THENCE LEAVING SAID EASTERLY RIGHT-OF-
WAY LINE SOUTH 89°10'20 11 EAST 59.01 FEET TO A POINT ON THE NORTH-
SOUTH CENTERLINE OF SAID SECTION 7; THENCE PARALLEL WITH AND 30.00
FEET SOUTH OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 7, SOUTH
88°24'44 11 EAST 2640.29 FEET TO A POINT ON THE EAST LINE OF SAID
NORTHEAST ONE-QUARTER; THENCE SOUTH 89°35'00 EAST 30.00 FEET;
THENCE PARALLEL WITH SAID EAST LINE SOUTH 01 °14' 53 11 WEST 1619. 92
FEET; THENCE NORTH 89°17'35 WEST 60.00 FEET; THENCE SOUTH 01°14'53
WEST 1009.61 FEET TO THE POINT OF BEGINNING, CONTAINING 491.766
ACRES MORE OR LESS.
2
ORDINANCE NO. 3 3 t,_
AN ORDINANCE APPROVING AN ANNEXATION, KNOWN AS THE
FIRESTONE FIRST ANNEXATION, FIRESTONE SECOND ANNEXATION,
AND FIRESTONE THIRD ANNEXATION, TO THE TOWN OF FIRESTONE,
COLORADO
WHEREAS, a petition for annexation of certain unincorporated
property consisting of three parcels to be annexed in a series, to
be known as the Firestone First Annexation, Firestone Second
Annexation, and Firestone Third Annexation, and described in
Exhibit A consisting of three pages attached hereto, has been filed
with the Board of Trustees of the Town of Firestone; and
WHEREAS, the owners of one hundred percent of the area have
petitioned for annexation to the Town; and
WHEREAS, the Town is desirous of annexing the described
property; and
WHEREAS, four (4) copies of an annexation map of each area, as
required by law, were filed with the Board of Trustees; and
WHEREAS, not less than one-sixth of the perimeter of the area
proposed to be annexed is contiguous with the Town of Firestone as
required by C.R.S. §31-12-104, which contiguity may be established
by the annexation of the parcels described in Exhibit A in a series
and which may be completed simultaneously; and
WHEREAS, a community of interest exists between the area
proposed to be annexed and the Town of Firestone; and
WHEREAS, the area proposed to be annexed is urban; and
WHEREAS, the area proposed to be annexed is integrated with or
is capable of being integrated with the Town of Firestone; and
WHEREAS, the annexation of the territory proposed to be
annexed will not result in the detachment of area from any school
district; and
WHEREAS, 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
P?int of the boundary of the Town of Firestone in any one year; and
WHEREAS, the Town has a plan in place, pursuant to C.R.S. §31-
12-105 (1) (e); and
WHEREAS, the Board of Trustees, by resolution, has determined
that the petition is in substantial compliance with the applicable
1
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_ Weld County CO JA Suki Tsukamoto Clerk & Recorder 26.00
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laws of the State of Colorado, that the area proposed to be annexed
is eligible for annexation, and further has determined that an
election is not required, and further found that no additional
terms and conditions are to be imposed upon said annexations except
any provided for in said petition. -
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The annexation to the Town of Firestone of the
property described in Exhibit A attached hereto and incorporated
herein by this reference is hereby approved and annexed in a series
to the Town of Firestone:
Section 2. The annexation of said territories is subject to
the conditions provided for in the petition for annexation of said
properties filed with the Town of Firestone.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this ~ day of _---a-"-'-''t&.""'""o/"'--------' 1996.
Attest:
T~rf:~
2
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
' '
LEGAL DESCRIPTION
EXHIBI.T A
FIRESTONE FIRST ANNEXATION
A tratt of land on, over and across poniOIIS of Sectiou 18 and 19, TIN, R67W, and Section 13, TIN,
R68W, all of the 6th P.M., Weld County, Colorado. Being more parlicularly cbcribxl as follows:
Considering the South line of the SouthF.a&t Quarter of said Seaion 18 u bearing N 88°48'00" Was
detcnnined by GPS Obletvations of. monumcms af the SouthEast Comer and at the South Quarter Comer ·
of said Secuon 18.
BEGINNING at the Sou.thEasl Corner of said Sec!IOII 18; thcncic. S 01 °12'00" W 30.00 feet to a point on
the South Right-of-Way line of County Road 20; theDce along Slid line N 81°48'00" W 2635.111 feet;
thence N 88°49'50" W 2387.04 feet 10 a point on the Wm line of the Nonl!Wcat Quarter of llid Section
19; ~ along said line N 00°17'41" E 30.00fcct to the So'ltbFa<t C.oroerofsaid Section 13; thenc:e
alon& the Sou.th line of.said Section 13, N 89°52'39" W 5326.01 feet IOtbe Sou.thWClt Comer of said
Section 13; thence along the We<t line of the SW 1/4, N OO°OT34" W 1740.02 fecc; thcncc deputing from
said lines sr,2•39• E 30.00 feet to a point on the Eat Right-of-Way line vf County Road II; thcncc
along Aid line S 00°07'34" E. 1710.02 fcct to a point on the NOflhRisbt-d•WayliDc of County Road20;
thence along said line· S 89°,2'39" E. 5266.21 feet to a point 011 lhe Wea Right-of-Way _line of County
Road 13; thence along said line N 00°1''26" E. 2586.70 feet; tbalCt N 00°15'18" E. 2586.92 fi:et; thence
dtpatting f'IOlll said line S 8'1°16'16" E 60.00 feet to a point ontheE.utRight-of-Way line of County
Road 13; thcncc along said line S 00°15'18" W 25116.43 feet; thcac:e S 00°15'26" W 2587.11 feet to a
point on lhe North Right-of-Way line of County Road 20; thcncc along said line.S 81°49'50" E 2357.99
fcct; thcncic S 88°48'00" E 2635 .83 feet; .
thcm:c dcpllting from Mid liDe S 01°12'00" W 30.00 feet to Ille BEGINNING.
The above described~ conlains 18.89 Ams± :
(2505966 B-1561 P-121 08/12/96 03:42P PG 3 OF 5
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EXHIBIT A
FIRESTONE SECOND ANNEXATION
LEGAL DESCRlPTION
A tract of land on, over andacrou portionaof Sectiom; 13,14,23 and 24, T2N, R68W, of the 6th P.M.,
Weld County, Colorado Being more partic:ularly dcsl:ribed as follows:
Considering the North line of said Se,;tion 24 a& boating N 89"52'39" Wu determined by GPS
Observation& ofmonumcats at thc NorthEast Come:r and at thc NorthWIIIIC Comer of said section 24. And
with all bearings conlained herein ldalivc lhereto.
BEGINNING at the NorthEast Comer of said Secllo1l 24; thcm:e along the East line of said Section S
00°17'41" W 30.00 feet to a point 011 the Soulh Right-«'-WaylincofCounty Road 20; thcns:c along said
line N 89°52'39" w S29S.77feetto a point on the But Right-of-Way line of County Road 11; thence
along said line S 00°09'47" E 2617.68 feet; thcacc depaningfrom said line S 89°49'42" W 60.00 feet to a
point on the West Right-of-Way lineaf County Road 11; tbc:111:calong oaidlineN 00°09'47" W 2647.99
feet to a point on the South line of the SoutbEasi Quaner of lllid Section 14; thenc:c along said 1iDe N
39•s2•19• w 2621.43 feet; tbem;c along tbe South liDC of the SoudlWest Quarter ofaaid Section 14 N
89°49'13" W 2395.45 feet to I point OIi Ibo East line ofthc 1·25 JU&)U-of•Way; lbelace along said line N
00°10'47" E 30.00 feet to a point OIi the North Right-of-Way lille of County Road20; tbcnQcalong Aid
line S 89°49'13" E 2395.43 feet; thence S 89°52'19" E 2621.29 feet to II point on the WCISI Right-of-Way
line of County Road 11; them:calong said line N 00°07'34" W 2619.72 feet; tbelll:e N 00°08'16" W
2621.08 feet; thence depaning from said lines s9•s1•44• E. 60.00 feet 10 a point on the East Ri&ht-of•
Way tillC orr.ounty Road 11; them:c along said line S 00"08'16" E 2621.08 feet; tbelll:e S 00°07'34" E"
909.98 feet; thcaccdepaning from said liDe N 89"52'39" W 30.00fect to a point on the Westline of the
Soll\hWea Qgancc of said Section 13; tlle&lce along laid line S 00"07'34° E 1740.02 feet to the SoulhWest
Comer ohaid section 13; tbcm,,calo11g die South linll of said Scdion 13 S IW 0 S2'39"E 5326.01 feet u,tbe
BEGINNING.
The above delCribc:d tm:t contains 16.81 Acres±.
(2505966 B-1561 P-121 08/12/96 03:42P PG 4 OF 5
EXHIBIT A
FIRESTONE THIRD ANNEXATION
LEGAL DESCRIPTION
A TRACT OF LAND ON, OVER AND ACROSS PORTIONS OF SECTION 23, T2N,
R68W, OF THE 6TH P.M., WELD COUNTY, COLORADO. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION
23 AS BEARING N 89°52' 19" W AS DETERMINED BY GPS OBSERVATIONS OF
MONUMENTS AT THE SOUTHEAST CORNER AND AT THE SOUTH QUARTER CORNER
OF SAID SECTION 14. · AND WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO.
· COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23; THENCE ALONG
THE NORTH LINE 'OF THE NORTHEAST QUARTER OF SAID SECTION 23 N
89°52'19" W 30,00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
DEPARTING FROM SAID LINES 00°09'47" E 30.00 FEET TO A POINT ON THE
SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 20; THENCE ALONG SAID LINE
N 89°52'19" W 2621.60 FEET; THENCE N 89°49'13" W 2395.46 FEET TO THE
EAST LINE OF THE I-25 RIGHT-OF-WAY; THENCE ALONG SAID LINE N
00°10'47" E 30.00 FEET. TO A POINT ON THE NORTH LINE OF THE
NORTHWEST QUARTER OF SECTION 23; THENCE ALONG SAID LINES 89°49'13"
E 2395.44 FEET; THENCE S 89°52' 19" E 2621.43 FEET TO THE TRUE POINT
OF BEGINNING.
The abbve described tract contains 3.45 Acres +or-.
2505966 B-1561 P-121 08/12/96 03:42P PG 5 OF 5
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ORDINANCE NO. =SJ~Z-~-
AN ORDINANCE APPROVING AN ANNEXATION, KNOWN AS THE
FIRESTONE FOURTH ANNEXATION, TO THE TOWN OF FIRESTONE,
COLORADO
WHEREAS, a petition for annexation of certain unincorporated
property, to be known as the Firestone Fourth Annexation, and
described in Exhibit A attached hereto, has been filed with the
Board of Trustees of the Town of Firestone; and
WHEREAS, the owners of one hundred percent of the area have
petitioned for annexation to the Town; and
WHEREAS, the Town is desirous of annexing the described
property; and
WHEREAS, four (4) copies of an annexation map of the area, as
required by law, were filed with the Board of Trustees; and
WHEREAS, not less than one-sixth of the perimeter of the area
proposed to be annexed is contiguous with the Town of Firestone as
required by C.R.S. §31-12-104; and
WHEREAS, a community of interest exists between the area
proposed to be annexed and the Town of Firestone; and
WHEREAS, the area proposed to be annexed is urban; and
WHEREAS, the area proposed to be annexed is integrated with or
is capable of being integrated with the Town of Firestone; and
WHEREAS, the annexation of the territory proposed to be
annexed will not result in the detachment of area from any school
district; and
WHEREAS, 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; and
WHEREAS, the Town has a plan in place, pursuant to C.R.S. §31-
12-105 (1) (e); and
WHEREAS, the Board of Trustees, by resolution, has determined
that the petition is in substantial compliance with the applicable
laws of the State of Colorado, that the area proposed to be annexed
is eligible for annexation, and further has determined that· an
election is not required, and further found that no additional
terms and conditions are to be imposed upon said annexation except
any provided for in said petition.
1
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' 2505965 B-_1561-P-=i20 08/12/96 03: 34P PG 1 OF 4
Weld county co JA SUki Tsukamoto Clerk & Recorder
REC DOC ,
21.00
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The annexation to the Town of Firestone of the
property described in Exhibit A attached hereto and incorporated
herein by this reference is hereby approved and annexed to the Town
of Firestone.
Section 2. The annexation of said territories is subject to
the conditions provided for in the petition for annexation of said
property filed with the Town of Firestone.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this 2day of --~.L!:.-=~~T~------' 1996.
Attest:
T.~
Town Clerk
TOWN OF FIRESTONE, COLORADO
Ric~
Mayor
(2505965 B-1561 P-120 08/12/96 03:34P PG 2 OF 4 \
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EXHIBIT A
FIRESTONE FOURTH ANNEXATION
LEGAL DESCRIPTION
A TRACT OF LAND ON, OVER AND ACROSS A PORTION OF SECTION 30 T2N,
R67W, OF THE 6TH P.M., WELD COUNTY, COLORADO. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION
30 AS BEARING S 89°08'43" E AS DETERMINED BY GPS OBSERVATIONS OF
MONUMENTS AT THE NORTH QUARTER CORNER AND AT THE NORTHEAST CORNER
OF SAID SECTION 30.
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 30; THENCE S
89°08'43" E.30,.:0,0 FEET; THENCE S 00°22'09" W 30.00 FEET TO A POINT
ON THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 15; THENCE ALONG SAID
LINES 00°22'J9" W 2610.38 FEET; THENCE N 89°37'51'' W 60.00 FEET TO
A POINT ON THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 15; THENCE
ALONG SAID LINEN 00°22'09" E 2610.89 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF COUNTY ROAD 18; THENCE ALONG SAID LINE N
89°08'43" W 1950.87 FEET; .THENCE DEPARTING FROM SAID LINEN 00°51'17''
£30.00 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 30; THENCE ALONG SAID LINE S 89°08'43" E 1980.61
FEET TO THE BEGINNING.
The above descibed tract contains 4.98 acres +or-.
(2505965 B-1561 P-120 08/12/96 03:34P PG 3 OF 4
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f. No land within the boundary of the area proposed to
be annexed which is held in identical ownership,
whether consisting of one tract or parcel of real
estate or two or more contiguous tracts or parcels
of real estate, comprising twenty acres or more,
and which, together with the buildings and
improvements situated thereon, has an assessed
value in excess of two hundred thousand dollars
($200,000.00) for ad valorem tax purposes for the
year next preceding the annexation, has been
included within the area proposed to be annexed
without the written consent of the landowners.
g. No annexation proceedings have been commenced for
any portion of the territory proposed to be annexed
for the annexation of such territory to another
municipality.
h. The annexation of the territory proposed to be
annexed will not result in the detachment of area
from any school district.
i. The annexation of the territory proposed to be
annexed will not have the effect of extending the
boundary of the Town of Firestone more than three
miles in any direction from any point of the
boundary of the Town of Firestone in any one year.
j. The territory proposed to be annexed is
approximately 4.98 acres in total area as described
in Exhibit A.
k. A plan is in place, pursuant to Section 31-12-
105 (1) (e), C.R.S.
1. Any portion of a platted street or alley to be
annexed will result in the entire width of the
street or alley havi',ng been included within and
made a part of the Town of Firestone and reasonable
access will not be denied to any landowners, owners·
of any easement, or the owners of any franchise
adjoining any platted street or alley which is to
be annexed to the Town of Firestone but is not
bounded on both sides by the Town of Firestone.
3. Four copies of an annexation map of the area proposed to
be annexed have been submitted to the Board of Trustees
and are on file with the Town.
4. Upon the annexation ordinance becoming effective, all
lands within the area proposed to be annexed will become
subject to all ordinances, resolutions, rules, and
2
'2505965-j:_1.561 P_::-120 08/12/96 03:34P PG 4 OF 4
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ORDINANCE NO. :$3g
,;.. ___ ·---·
AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF
FIRESTONE AND KNOWN AS THE FIRESTONE FIRST ANNEXATION,
FIRESTONE SECOND ANNEXATION, FIRESTONE THIRD ANNEXATION,
AND FIRESTONE FOURTH ANNEXATION.
WHEREAS, petitions for annexation of certain property,
described in Exhibit A consisting of four pages attached hereto and
made a part hereof, and known as the Firestone First Annexation,
Firestone Second Annexation, Firestone Third Annexation, and
Firestone Fourth Annexation were filed with the Board of Trustees
of the Town of Firestone; and
WHEREAS, said property was annexed to the Town by ordinance;
and
WHEREAS, the Board of Trustees must provide for the zoning of
said property; and
WHEREAS, the Board of Trustees provided notice of the public
hearing on said zoning by publication as provided by law; and
WHEREAS, no protests were received by the Town pursuant to
C.R.S. §31-23-305; and
WHEREAS, the, landowners of said property requested an R-1
(Residential) zoning classification; and
WHEREAS, an R-1 (Residential) zoning classification is
consistent with the Town's plan for the area; and
WHEREAS, the Firestone Planning Commission has held a public
hearing on the landowner's zoning request, and forwarded its
recommendation to the Board of Trustees, and the Board of Trustees
have duly considered that recommendation.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. That certain property known as the Firestone
First Annexation, Firestone Second Annexation, Firestone Third
Annexation, and Firestone Fourth Annexation, the legal descriptions
of which are set forth in Exhibit A attached hereto and made a part
hereof, are hereby zoned R-1 (Residential) pursuant to the zoning
ordinances of the Town, and the Town zoning map shall be amended
accordingly.
1
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' ' '
INTRODUCED, READ, ADOPTED., APPROVED, AND ORDERED PUBLISHED IN
th:.s ~ day of '--M93/ , 1996. · FULL
Attest:
T ~Peterson
Town Clerk
050996/1312[sar]c:firestone\wcrzone.o~d
2
TOWN OF FIRESTONE, COLORADO
Ric~
Mayor
LEGAL DESCRIPTION
EXHIBIT A
FIRESTO~'E FIRST ANNEXATION
A tract of !and on, aver and across portions of SectioDs 18 and 19, TIN, R67W, and Section 13, nN, ·
R68W, all of the 6th P.M., Weld Ccunty, Colorado. Being ll)()te particularfy described as follows: .
Considering the Smith line of the SoulhEast Quarter ohaid Section 18 ubcari.ng N 88°4-8'00' Was
determined by GPS ~l\'&UOll$ of. monuments at the South.East Comer alld at the South Quarter ~=
ohaid St,;tion 18.
BEG.INNING at the Sc,,ithEasl Cornet ofsaidSection 18; th= S 01°12'00' W 30.00 fed \0 a point on
the South Right-of-Way line ofCowily Road 20; thenc:e along said line N 811°48'00' W 2635.81 feet;
!hence N 88'49'50" W 2387.04fcc:I \0 a point Oil the West lineol'the Non:hWcst~ ofwd Section
19; \heno:along said line N oo•iT41' E 30.00 feet totbe SouthEut Comer of said Section 13; thence
alon& the South line of said Se;tion 13, N 8?0 52'39' W 5326.01 feet \0 the SollthWcst Comer of&aid
Section 13; th=c along the West line oftbe SW 1/4, N 00°07'34" W 1740.02 feet; thence dr;partingfrom
said line S 89°52'39" E 30.00 ~ to a point on the East Ridit-d-Way l.inc of Cowity Road 11; thence
along Rid lines oo•on4• E 1110.02 fed ta a point on the Nottb Riibt«"•WI)' line ofCwiity Road 20;·
the= along said line S 89°52'39" E. 5266.21 feet to a point on the Well Right-4-Way line of County
Road 13; thence along said line N 00°15'26' E 2586.70 feet; tlace N 00°15'1&' E 2586.92 feet; tbenct
depaning from said line S 89"16'16" E 60.00 feet to a poinl on the East Right-of• Wry line of County
Road l 3; thent:c along said line S 00°15'18' W 2586.43 fcc:I; tbcacc S 00'15'26" W 2587.11 fo:t to a
point on thc North Right.of-Way line of Cowlty Road 20; thea,;e along said lille S A 0 49'50' E. 2357.99
. fed; !hence S 88°4-8'00' E 2635.83 fed; .
th= dcpaning fiom ~d ~ S 01°12'00' W 30,00 fed to Ille BEGINNING.
The above described tract contains 18.89 h:m ±.
EXHIBIT A .
FIRISTOlfE SECOND AN!aXA TION
LEGAL DESCRIPTION
A tract of land on, (f\lr;;t and acrou portio111 o! Sectiom 13,14,23 and 24, TIN, R68W, of the 6th P.M:,
Weld County, Colorado. Being l?IOtt particularly d=ribed as follC'WS:
Considering the Nonh line of said Se,;tion 24 31 bwing N 89"52'39" W a,dctcr:mined by GPS
~'31iom of monuments at the NorthE&st Come: md Ill the North West Comer of said Section 24. And
with all bearings CQlltai.Dcd h=in rtlam'e lhcmo.
BEGINNING :u the Nol1hE.asi Corner afsmd Section 24; th= alongthcf.ut line ohaid Section S
oo•t7'41" w 30.00 feet 1o a point 0:1 the Soulh Right-of-Way liDc of County Road 20; lhcncc along said
line N 89°S2'39" W S29S.77 feet lo a point on the Ea:t Right-of-Wry line of County Road 11; th=
along said line S 00"09'47" E 2617.68 feet; the= dq,arting fn7m wd line S 89°49'42" W 60.00 feet to a
point Oil the Wm Right-of-Way line of County Road 11; thcDcc along wdlinc N 00°09'47" W 2647.99
fr:ct to a point on the.ScNthlineo!lk-SoitthFad Qaancro!said Scction14; thenceal011g G&idlille N
89°52'19" W 2621.43 feet; thcocc along the Soulh line oftbe South West Qual'ler of said Sci;tion 14 N
89°49'13" W 2395.45 feet lo a point on !ho EJISt line of the 1-25 P.ighl-of-War, theDce along said line N
·• 00"10'47" E 30.00 feet to a point on the North Right-of-Way liDc of Coumy Road 20; tb=>c along Aid
lines 89"49'13" E 2395.43 feet; thence S 89°52'19" E 2621.29 feel to a point on the West Right-of-Way
line of County Read 11; lh=::c along said line N 00°07'34"W 2619.72 feet; th= N 00"05'16" W
2621.08 feet; !hence departing from &aid l.iJle S 89°51'44' E 60.00 feet ID a poillt on the East Ri&ht-of-
Wiry line of C-ounty Road 11; l1=cc along Aid line S 00"08'16" E 2621.08 fcct;lh= S 00"07'34' E
909.98 feet; !he= departing from said l.iJle N 89"52'39' W 30.00 feet to a point 011 tbe West liDc of the
SoinhWca Qllar\« ohaid Sciction 13; ~ along said line S 00°07'34" E 17~.02 feet to the South West
Comer of aid Section 13; thc:nr;ealong Ille SolJth line ofsaidSc,;tjon 13 S 89°52'39•E 5326.0l_fcet 101hc
BEGlNNINO.
The above dclcribcd tract con1llim 16.81 Acres f:.
EXHIBIT A
FIRESTONE THIRD ANNEXATION
LEGAL DESCRIPTION
A TRACT OF LAND ON, OVER AND ACROSS PORTIONS OF SECTION 23, T2N,
R6SW, OF THE 6TH P. M. , WELD COUNTY, COLORADO. BE! NG MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE NORTH LINE OF THE NORTHEAST. QUARTER OF SAID SECTION
23 AS BEARING N 89°52' 19" W ·As DETERMINED BY GPS OBSERVATIONS OF
MONUMENTS AT THE SOUTHEAST CORNER AND AT THE SOUTH QUARTER CORNER
OF SAID SECTION. 14. AND WITH ALL BEARINGS, CONTAINED .HEREIN
RELATIVE THERETO.
COMMENCING AT THE NORTHEAST .CORNER OF SAID SECTION 23; THENCE ALONG
THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 23 N
· 89°52' 19" W 30.00. FEET TO THE TRUE POINT OF BEGINNING; THENCE
DEPARTING FROM SAID LINE S 00°09 '4 7" E 30. 00 FEET TO A POINT ON THE
SOUTH RIGHT-'OF-WAY LINE OF COUNTY ROAD 20; THENCE ALONG SAID LINE
N 89°52' 19" W 2621.60 FEET; THENCE N 89°49 1 13" W 2395.46 FEET TO THE
EAST LINE OF THE I-25 RIGHT-OF-WAY; THENCE ALONG SAID LINE N
00°10•.47" E 30.00 FEET. TO A POINT ON THE NORTH LINE OF THE
NORTHWEST QUARTER OF SECTION 23; THENCE ALONG SAID LINES 89°49'13"
E 2395.44 FEET; THENCE S 89°52'19" E 2621.43 FEET TO THE TRUE POINT
OF BEGINNING.
The above described tract· contains 3.45 Acres +or-.
. •, ..
EXHIBIT A
FIRESTONE FOURTH ANNEXATION
LEGAL-DESCRIPTION
A TRACT OF LAND ON, OVER AND ACROSS'A PORTION OF SECTION 30 T2N,
R6 7W, OF THE 6Tll P. M. , WELD COUNTY, COLORADO. BE I NG MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION
30 AS BEARING S 89°08'43" E AS DETERMINED BY GPS OBSERVATIONS OF
MONUMENTS AT THE NORTH QUARTER CORNER AND AT THE NORTHEAST CORNER
OF SAID SECTION 30.
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTI.ON 30; THENCE S
89°08'43'' E 30.00 FEET; THENCE·s 00°22'09'' W 30.00 FEET TO A POINT
ON THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 15; THENCE ALONG SAID
LINES 00°22'J9'' W 2610.38 FEET; THENCE N 89°37'51" W 60.00 FEET TO
A POINT ON THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 15; THENCE
ALONG SAID LINEN 00°22'09" E 2610.89 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF COUNTY ROAD 18; THENCE ALONG SAID LINE N
89°08'43" W 1950.87 FEET; THENCE DEPARTING FROM SAID LINEN 00°51' 17''
£30.00 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 30; THENCE ALONG SAID LINE S 89°08'43" E 1980.61
FEET TO THE BEGINNING.
The above descibed tract contains 4.98 acres +or-.
''
ORDINANCE NO. j3 q
AN ORDINANCE OF THE TOWN OF FIRESTONE, COLORADO APPROVING A LOAN
BETWEEN THE COLORADO WATER RESOURCES AND POWER DEVELOPMENT
AUTHORITY AND THE TOWN IN THE AGGREGATE PRINCIPAL AMOUNT OF
$95,000.00 FOR THE PURPOSE OF FINANCING IMPROVEMENTS TO THE TOWN'S
WATER SYSTEM; AUTHORIZING THE FORM AND EXECUTION OF A LOAN
AGREEMENT AND A GOVERNMENTAL AGENCY BOND EVIDENCING THE LOAN;
PROVIDING FOR THE PAYMENT OF THE LOAN FROM THE NET REVENUE DERIVED
FROM THE OPERATION OF THE TOWN'S WATER SYSTEM; PRESCRIBING OTHER
DETAILS IN CONNECTION THEREWITH; AND DECLARING AN EMERGENCY
WHEREAS, the
Weld and State
corporation duly
State; and
Town of Firestone (the "Town"), in the County of
of Colorado (the "State"), is a municipal
organized and existing under the laws of the
WHEREAS, pursuant to the provisions of Title 31, Article 35,
Colorado Revised Statutes the Town has its own bonding capacity for
the acquisition, construction, reconstruction, lease, improvement,
betterment, or extension of any water facilities; and
WHEREAS, the Town has heretofore determined and undertaken to
combine, operate, and maintain its water facilities as a public
utility and income-producing project (the "System") and accounts
for the financial operations of the System in the Town's Water
Fund; and
WHEREAS, the Town has made application to the Colorado Water
Resources and Power Development Authority (the "Authority") through
its Drinking Water Revolving Fund, §37-95-107.8, C.R.S., for a loan
to finance a portion of the cost of the acquisition, construction,
reconstruction, betterment, and extension of improvements to the
System including, without limitation, the acquisition of 700,000
gallons of potable water storage capacity and the construction of
a new 12 inch water supply pipeline (the "Project"); and
WHEREAS, the Authority has accepted such application and has
expressed its interest in making such loan subject to certain
conditions; and
WHEREAS, the Authority will obtain moneys to fund the Loan
from its Drinking Water Revolving Fund and the Town is authorized
by Title 31, Article 35, C.R.S., and §37-95-107.8, C.R.S., to issue
its bond to the Authority to evidence said Loan; and
WHEREAS, there has been presented to the Board of Trustees of
the Town (the "Board"), at this meeting a form of Loan Agreement,
dated as of t,-/J--zt, , 1996 (the "Loan Agreement"), between the
Authority and the .Town and a form of governmental agency bond in
the principal amount of $95,000 (the "Bond"), to be issued by the
1
''
Town to the Authority which shall be payable from and secured by a
pledge of and an irrevocable and nonexclusive first lien on the net
income and revenue of the System; and
WHEREAS, the Town's obligations under the Loan Agreement and
the Bond (collectively referred to herein as the "Financing
Documents") shall not constitute a general obligation of the Town
within the meaning of any constitutional or statutory provision or
limitation; and · · ·
WHEREAS, pursuant to the provisions of Section 20, Article X
of the Colorado Constitution, the Town obtained voter approval at
the April 2, 1996 regular municipal election for the Town to
procure such a ·1oan from the Authority and in connection therewith
authorizing the issuance of water revenue bonds or other financial
obligations for the purpose of funding water capital improvements;
and
WHEREAS, the Board desires to approve the form of the
Financing Documents and other documents referenced therein,
authorize the execution thereof, and authorize the issuance of the
Bond; and
WHEREAS, none of the members of the Board of Trustees have any
financial interest or other potential conflicting interests in
connection with the authorization or issuance of the Bonds, or the
use of the proceeds thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Approvals, Authorizations, and Amendments. In
accordance with the Constitution of the State of Colorado, Title
31, Article 35, Part 4, C.R.S., Title 37, Article 95, C.R.S., and
all other laws of the State of Colorado thereunto enabling, there
shall be issued by the Town, acting by and through its Board 'of
Trustees, the Bond. The form of the Financing Documents, setting
forth inter alia the terms, conditions and details of the Bond and
the procedures relating thereto, are incorporated herein by
reference and are hereby approved; and the Town shall enter into
the Financing Documents and deliver the Bond, and perform its
obligations thereunder, in substantially the form presented at this
meeting with only such changes as are not inconsistent herewith;
provided that such documents may be completed, corrected, or
revised as deemed necessary by the parties thereto in order to
carry out the purposes of this Ordinance.
Section 2. Bond Details. The Bond shall be in the
principal amount of $95,000 with a maximum net effective interest
rate of 4.50% per annum (or in the event that a late charge is
imposed pursuant to Section 3.03 of the Loan Agreement a maximum
net effective rate equal to the greater of 12% per annum or the
2
prime rate plus 0.5%, not to exceed the maximum rate permitted by
law), and the Bond shall be dated, mature or be payable at such
time or times and be subject to prior redemption in advance of
maturity as provided in the form attached to the Loan Agreement as
Exhibit D; provided, however, in no event shall the Bond mature
later than ten years from the date of issuance of the Bond. The
Bond shall be substantially in the form set forth in the Loan
Agreement.
Section 3. Limited Obligation. The principal of and
interest on the Bond shall be payable solely from the net revenue
derived from the operation of the System, as set forth in Exhibit
A to the Loan Agreement (the "Pledged Property"). The Town
irrevocably pledges the Pledged Property for the payment of the
Bond and the amounts due under the Loan Agreement. The Authority
may not look to any general or other fund of the Town for the
payment of the principal of or interest on the Bond, except the
funds and accounts pledged thereto by this Ordinance, and the Bond
shall not constitute nor shall they be considered or held to be
general obligation of the Town within the meaning of any
constitutional or statutory provision or limitation.
Section 4. Required Information. The appropriate officers
and employees of the Town are hereby authorized and directed to
furnish and supply information concerning the Town and the System
to the Authority for use in connection with the Authority's
disbursement of the Loan.
Section 5. Accounts. The Town shall keep accurate records
and accounts for the System ("System Records and Accounts 11 ) ,
separate and distinct from its other records and accounts. Such
System Records and.Accounts shall be maintained in accordance with
generally accepted accounting principles. The Town shall credit to
the System Records and Accounts each year from the Pledged Property
an amount sufficient, together with other moneys available
therefore in said accounts or otherwise available as provided in
the Financing Documents, to pay when due the principal of and
interest on the Bond.
Section 6. Disposition of Proceeds from Loan;
Authorization of Project. The proceeds of Drinking Water Revolving
Fund loan allocable to the Town shall be applied only to pay the
costs and expenses of the Project (as defined in the Loan
Agreement) which are permitted pursuant to the terms of the Loan
Agreement, §37-95-107.8, C.R.S., and §31-35-403(2), C.R.S. The
Project is hereby authorized and approved, and the appropriate
officers and employees of the Town shall and are hereby authorized
and directed to take all actions necessary to the acquisition,
construction, reconstruction, improvement, betterment, or extension
of the Project. It is hereby determined that the Bond matures at
such time not exceeding the estimated life of the Project.
3
' .
Section 7. Authorization to Execute Documents and Town
Representative. The Mayor and Town Clerk are hereby authorized and
directed to execute the Financing Documents, to execute amendments
to any contracts with System users to the extent necessary to
comply with the Town's covenants and representations set forth in
the Financing Documents, and to authenticate and affix the seal of
the Town thereto, and further to execute and authenticate such
other documents, instruments, or certificates as are deemed
necessary or desirable in connection therewith. The execution of
any documents, instruments, or certificates by said officials shall
be conclusive evidence of the approval by the Town of such
documents, instruments, or certificates in accordance with the
terms thereof and this Ordinance. Pursuant to Exhibit B of the
Loan Agreement, the Mayor is hereby designated as the Authorized
Officer (as defined in the Loan Agreement) for the purpose of
performing any act or executing any document relating to the Bond,
the Town, or the Loan Agreement.
Section 8. Ratification and Approval of Prior Actions.
All actions (not inconsistent with the provisions of this
Ordinance) heretofore taken by the.officers and employees of the
Town relating to the Financing Documents, or actions to be taken in
respect thereof, are hereby ratified, approved and confirmed.
Section 9. Incontestability Recital. The Bond shall
recite that it is issued under the authority of Title 31, Article
35, Part 4, C.R.S. and Section 37-95-107 .8, C.R.S.' Such recital
shall conclusively impart full compliance with all provisions and
limitations of said Part 4 and Section 37-95-107.8, and such Bond
issued containing such recital shall be incontestable for any cause
whatsoever after its delivery for value.
Section 10. Repealer. All ordinances, resolutions, bylaws,
orders and other instruments, or parts thereof, inconsistent or in
conflict herewith are hereby repealed to the extent only of such
inconsistency or conflict. This repealer shall not be construed to
revive any ordinance, resolution, bylaw, order or other instrument,
or part thereof, heretofore repealed.
Section 11. Severability. If any section, subsection,
paragraph, clause or other provision of this Ordinance shall for
any reason be held to be invalid or unenforceable, the invalidity
or unenforceability thereof shall not affect any of the remaining
sections, subsections, paragraphs, clauses or provisions of this
Ordinance, the intent being that the same are severable.
Section 12. Recording and Authentication. Upon adoption
hereof, this Ordinance shall be published as required by law,
recorded in a book kept for that purpose, and authenticated by the
signatures of the Mayor and the Town Clerk.
4
,.
' "
Section 13. Declaration of Emergency. This Ordinance is
necessary for the immediate preservation of public peace, health
and safety for the reason that the Town desires to accept the
interest rates offered by the Authority in accordance with the
schedule established by the Authority and the Town must diligently
proceed with the construction of the Project to improve the water
system of the Town. The Ordinance shall take effect upon adoption
and signing by the Mayor if approved by three-fourths of the
members of the Board of Trustees.
INTRODUCED, READ, OPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this /3-~ay of.....;;,=="-------' 1996.
Town Clerk
060796/600[lab]c:Fireston\Watrloan.ord
. 1 ' .
. '
5
TOWN OF FIRESTONE, COLORADO
~--:::.:::::=---====
Rick Patterson
Mayor
ORDINANCE NO. fl/lJ
AN ORDINANCE OF THE TOWN OF FIRESTONE, COLORADO APPROVING A
LOAN/GRANT CONTRACT BETWEEN THE TOWN AND THE STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS FOR A LOAN IN THE AGGREGATE PRINCIPAL
AMOUNT OF $62,718.00 AND A GRANT IN THE AMOUNT OF $50,000.00 FOR
THE PURPOSE OF FINANCING IMPROVEMENTS TO THE TOWN'S WATER SYSTEM;
AUTHORIZING THE FORM AND EXECUTION OF A LOAN AGREEMENT; PROVIDING
FOR THE PAYMENT OF THE LOAN FROM THE NET REVENUE DERIVED FROM THE
OPERATION OF THE TOWN'S WATER SYSTEM; PRESCRIBING OTHER DETAILS IN
CONNECTION THEREWITH; AND DECLARING AN EMERGENCY
WHEREAS, the
Weld and State
corporation duly
State; and
Town of Firestone (the "Town"), in the County of
of Colorado (the "State"), is a municipal
organized and existing under the laws of the
WHEREAS, pursuant to the provisions of Title 31, Article 35,
Colorado Revised Statutes the Town is authorized to issue bonds or
other financial obligations for the acquisition, construction,
reconstruction, lease, improvement, betterment, or extension of any
water facilities; and
WHEREAS, the Town has heretofore determined and undertaken to
combine, operate, and maintain its water facilities as a public
utility and income-producing project (the "System") and accounts
for the financial operations of the System in the Town's Water
Fund; and
WHEREAS, the Town has made application to the State of
Colorado Department of Local Affairs (the "Department") through its
Local Government Mineral Impact Fund and the Local Government
Severance Tax Fund, for a loan and a grant to assist in financing
a portion of the cost of the acquisition, construction,
reconstruction, betterment, and extension of improvements to the
System including, without limitation, the construction of a 12-inch
potable water line in connection with the acquisition of 700,000
gallons of potable water storage capacity (the "Project") as more
fully described in Exhibit A to the proposed Loan/Grant Contract
between the Department and the Town; and· ·
WHEREAS, the Department has accepted such application and has
expressed its interest in making such grant and loan subject to
certain conditions; and
WHEREAS, the Department is authorized to·make grants from the
Local Government Mineral Impact Fund and "to make loans from the
Local Government Severance Tax Fund to the Town for the planning,
acquisition, construction, reconstruction, betterment, and
extension of improvements to potable water treatment facilities and
the Town is authorized by Title 31, Article 35, C.R.S. and §31-15-
1
302, C.R.S. to contract for such loans; and
WHEREAS, there has been presented to the Board of Trustees of
the Town (the "Board"), at this meeting a form of Loan/Grant
Contract, dated as of L-13--zt, , 1996 (the "Loan Agreement"),
between the Department•and the Town for a loan in the principal
amount of $62,718.00 which shall be payable from and secured by a
pledge of the net income and revenue of the System, and a grant in
the amount of $50,000.00; and
WHEREAS, the Town's obligations under the Loan Agreement shall
not constitute a general obligation of the Town within the meaning
of any constitutional or statutory provision or limitation; and
WHEREAS, pursuant to the provisions of Section 20, Article X
of the Colorado Constitution, the Town obtained voter approval at
the April 2, 1996 regular municipal election for the Town to
procure and expend such a loan from the Department and in
connection therewith authorizing the issuance of water revenue
bonds or other financial obligations for the purpose of funding
water capital improvements; and
WHEREAS, the Board desires to approve the form of the Loan
Agreement and any other documents referenced therein, and authorize
the execution thereof; and
WHEREAS, none of the members of the Board of Trustees have any
financial interest or other potential conflicting interests in
connection with the authorization of the Loan Agreement, or the use
of the proceeds thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Approvals. Authorizations. and Amendments. In
accordance with the Constitution of the State of Colorado, Title
31, Article 35, Part 4, C.R.S., Title 39, Article 29 C.R.S., Title
34, Article 63, and all other laws of the State of Colorado
thereunto enabling, the form of the Loan Agreement between the Town
and the State of Colorado Department of Local Affairs, setting
forth inter alia the terms, conditions and details of the Loan and
Grant made pursuant to the Local Government Severance Tax Fund and
the Local Government Mineral Impact Fund respectively and the
procedures relating thereto, are incorporated herein by reference
and are hereby approved; and the Town shall enter into the Loan
Agreement and perform its obligations thereunder, in substantially
the form presented at this meeting with only such changes as are
not inconsistent herewith; provided that such documents may be
completed, corrected, or revised as deemed necessary by the parties
thereto in order to carry out the purposes of this Ordinance.
2
Section 2. Loan Details. The Loan shall be in the
principal amount of $62,718.00 with a maximum net effective
interest rate of 5.00% per annum and shall be for a term of ten
years, payable in annual installments on September 1 of each year
beginning in 1997, as set forth in Exhibit A to the Loan Agreement.
Section 3. Limited Obligation. The principal of and
interest on the Loan shall be payable solely from the net revenue
derived from the operation of the System, as set forth in Paragraph
10 of the Loan Agreement (the "Pledged Property"). The Town
pledges the Pledged Property for the payment of the amounts due
under the Loan Agreement. The Department may not look to any
general or other fund of the Town for the payment of the principal
of or interest on the Loan, except the funds and accounts pledged
thereto by this Ordinance, and the Loan shall not constitute nor
shall it b~ considered or held to be general obligation of the Town
within the meaning of any constitutional or statutory provision or
limitation.
Section 4. Required Information. The appropriate officers
and employees of the Town are hereby authorized and directed to
furnish and supply information concerning the Town and the System
to the Department for use in connection with the Department's
disbursement of the Loan.
Section 5. Accounts. The Town shall keep accurate records
and accounts for the System ("System Records and Accounts") ,
separate and distinct from its other records and accounts. Such
System Records and Accounts shall include revenue derived from the
System, State funds and other amounts associated with the Project
and shall be maintained in accordance with generally accepted
accounting principles. The Town shall credit to the System Records
and Accounts each year from the. Pledged Property an amount
sufficient, together with other moneys available therefore in said
accounts or otherwise available as provided in the Loan Agreement,
to pay when due the principal of and interest on the Loan.
Section 6. Disposition of Proceeds from Loan;
Authorization of Project. The proceeds of Loan Agreement shall be
applied only to pay the costs and expenses of the Project (as set
forth in the Loan Agreement including the Scope of Service attached
thereto) which are permitted pursuant to the terms of the Loan
Agreement, Title 31, Article 35, Part 4, C.R.S., Title 39, Article
29 C.R.S., Title 34, Article 63, C.R.S., and other applicable law.
The Project is hereby authorized and approved, and the appropriate
officers and employees of the Town shall and are hereby authorized
and directed to take all actions necessary to the acquisition,
construction, reconstruction, improvement, betterment, or extension
of the Project. It is hereby determined that the Loan matures at
such time not exceeding the estimated life of the Project.
3
Section 7. Authorization to Execute Documents and Town
Representative. The Mayor and Town Clerk are hereby authorized and
directed to execute the Loan Agreement, to execute amendments to
any contracts with System users to the extent necessary to comply
with the Town's covenants and representations set forth in the Loan
Agreement, and to authenticate and affix the seal of the Town
thereto, and further to execute and authenticate such other
documents., instruments, or certificates as are deemed necessary or
desirable in connection therewith. The execution of any documents,
instruments, or certificates by said officials shall be conclusive
evidence of the approval by the Town of such documents,
instruments, or certificates in accordance with the terms thereof
and this Ordinance. In accordance with Paragraph 3 of the Loan
Agreement, the Mayor is hereby designated as the Responsible
Administrator (as designated in the Loan Agreement) for the
purposes set forth therein and for performing any act or executing
any document relating to the Town or the Loan Agreement.
Section 8. Ratification and Approval of Prior Actions.
All actions (not inconsistent with the provisions of this
Ordinance) heretofore taken by the officers and employees of the
Town relating to the Loan Agreement, or actions to be taken in
respect thereof, are hereby ratified, approved and confirmed.
Section 9. Repealer. All ordinances, resolutions, bylaws,
orders and other instruments, or parts thereof, inconsistent or in
conflict herewith are hereby repealed to the extent only of such
inconsistency or conflict. This repealer shall not be construed to
revive any ordinance, resolution, bylaw, order or other instrument,
or part thereof, heretofore repealed.
Section 10. Severability. If any section, subsection,
paragraph, clause or other provision of this Ordinance shall for
any reason be held to be invalid or unenforceable, the invalidity
or unenforceability thereof shall not affect any of the remaining
sections, subsections, paragraphs, clauses or provisions of this
Ordinance, the intent being that the same are severable.
Section 11. Recording and Authentication. Upon adoption
hereof, · this Ordinance shall be published as required by law,
recorded in a book kept for that purpose, and authenticated by the
signatures of the Mayor and the Town Clerk.
Section 12. Declaration of Emergency. This Ordinance is
necessary for the immediate preservation of public peace, health
and safety for the reason that the Town desires to accept the
interest rates offered by the Department in accordance with the
schedule established by the Department and the Town must diligently
proceed with the construction of the Project to improve the water
system of the Town. The Ordinance shall take effect upon adoption
and signing by the Mayor if approved by three-fourths of the
members of the Board of Trustees.
4
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this /,J~ay of. ~ ,· 1996.
T. L. Peterson
Town Clerk
·c
060796/557[sar]c:Fireston\Waterla.ord
5
TOWN OF FIRESTONE, COLORADO
~===---
Rick Patterson
Mayor.
ORDINANCE NO.
AN ORDINANCE CONCERNING AMPLIFI3D SOUND
WHEREAS, certain levels of amplified sound are detrimental to
the public health, comfort, convenience, safety and welfare of the
citizens of the Town; and
WHEREAS, it is desirable to protect, preserve and promote the
health, welfare, peace and quite of the citizens of the Town
through the regulation of unreasonable and excessive noise to
promote a comfortable enjoyment of life, property and conduct of
business, and to prevent sound levels detriment~l to the citizens
of the Town; and
WHEREAS, the Board of Trustees finds that and declares that
noise is'a major source of environmental pollution which represents
a threat to the serenity and quality of life in the Town, and
excessive noise often has an adverse physiological and
psychological effect on people, thus contributing to an economic
loss.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1.
amended by the
follows:
Chapter 9.16 of the Firestone Municipal Code is
addition of a new Section 9 .16 .140 to read as
9.16.140 Amplified sound. A. No person shall use or
operate any loudspeaker, public address system, or other
sound-amplifying equipment in a motor vehicle upon a
public street or in a park, parkway, recreation area or
open space in such a manner as to be plainly audible at
thirty feet from the motor vehicle, or in such a manner
which creates an unreasonable noise. A violation of this
section shall be a petty offense.
B. The following definitions shall apply in the
interpretation and enforcement of this section
1. "Motor Vehicle" means any vehicle such as,
but not limited to, a passenger vehicle, truck, truck-
trailer or semi"trailer, propelled or drawn by mechanical
power, and includes any motorcycle, snowmobile, minibike,
go-cart, or any other vehicle which is self-propelled.
2. "Plainly audible" means that the
information content of the sound is unambiguously
transferred to the auditor, such as, but not limited to,
understanding of spoken speech, comprehension of raised
or normal voices, or comprehension of musical rhythms.
1
3. "Sound-amplifying equipment" means any
machine or device for the amplification of a human voice,
music or any other sound, or by which the human voice,
music or any other sound is amplified.
4. "Unreasonable noise" means any excessive
or unusually loud sound which is objectionable due to
intermittence, beat frequency, shrillness, or deepness of
pitch, or any sound which disturbs the peace and quiet of
any neighborhood or causes damage to any property or
business.
C. The provisions of this section shall not apply
to sound made on property owned by, controlled by, or
leased to the. town, the federal government, or· to ·any
branch, subdivision, institution .or agency .of the
government of this state or any political subdivision
within it, and when such sound is made by an activity of
the. governmental unit or sponsored by it or by others
pursuant to the terms of .a contract, lease, or permit
granted by such governmental ·unit, or as otherwise
permitted by the provisions of this code.
·section 2. If any article, section, paragraph, sentence,
clause, or phrase of this ordinance is held to be unconstitutional
or invalid for any reason, such decision shall not affect the
validity or constitutionality of the remaining portions of this
ordinance. The Board of Trustees hereby declares that it would
have passed this ordinance and each part or parts hereof
irrespective of the fact that any one part or parts be declared
unconstitutional or invalid.
Section 3. · This ordinance is deemed necessary for the
protection of the health, welfare, ·and safety of the community.
INTRODU%D, READ, ~.DOPTED, APPROVED, AND ORDERED-PUBLISHED
FULL this /j day of prc-ttL-< , 1996.
T. L. Peterson
Town Clerk
060696/1210[sar)c:fireston\noise.ord
2
• TOWN OF FIRESTONE, COLORADO
~
Rick Patterson
Mayor
IN
ORDINANCE NO. J~ ,6
AN ORDINANCE AMENDING SECTION 8.08.070 OF THE FIRESTONE MUNICIPAL
CODE CONCERNING FUGITIVE DUST VIOLATIONS FOR THE PURPOSE OF MAKING
A TECHNICAL CORRECTION.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. Section 8.08.070 of the Firestone Municipal Code
is amended to read as follows (words to be deleted are stricken
through; words to be added are capitalized):
8.08.070 Violation--Penalty. It is a violation of
this chapter for any person or legal entity to cause,
allow or suffer any dust or dirt particles to escape from
property owned by the person or legal entity in such a
manner, as to be deteFmiaed A NUISANCE to any person, or
to the public, or to endanger the health, safety and
comfort · of any · such person or to cause . damage to the
property of another or to create a pollution nuisance.
INTRODUCED, READ,
. FULL this :J,ftt. day of
ADOPTED, APPROVED, AND ORDERED PUBLISHED IN P,fMu-, 1996· .
At~-
~··
Town Clerk
061996/1000 [sar] c: fireston\808070. ord ,
1
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
~
ORDINANCE NO . .J.il_
AN ORDINANCE REZONING PROPERTY GENERALLY LOCATED EAST OF
4TH STREET, NORTH OF BUCHANAN AVENUE, SOUTH OF JACKSON
AVENUE AND WEST OF THE EAST LINE OF THE SOUTHWEST 1/4 OF
THE NW 1/4 OR THE NE 1/4, SECTION 30, TOWNSHIP 2, RANGE
67 WEST.
WHEREAS, an application for the rezoning of certain property,
described in Exhibit A attached hereto, was filed with the Town
requesting rezoning from C-1 to R-1 pursuant to the zoning
ordinances of the Town; and
WHEREAS, the application proposes development of the property
as a PUC· Overlay District over the requested R-1 zoning to be known
as the ~imberland Subdivision; and
WHEREAS, the Board of Trustees provided notice of the public
hearing on said rezoning by publication as provided by law; and
WHEREAS, no protests were received by the Town pursuant to
C.R.S. §31-23-305; and
WH3REAS, the landowners of said property have requested and
consented to the R-1 zoning to be developed as a PUD Overlay
District; and
WHEREAS, the criteria set forth in Section 17.44.070 of the
Firestone Municipal Code have been met or satisfied and an R-1 PUD
Overlay District zoning classification is consistent with the
Town's plan for the area; and
WHEREAS, the Firestone Planning Commission has reviewed the
application and the proposed PUD development plan and recommended
the Board of Trustee's approval of rezoning the property R-1 with
a PUD Cverlay.
NGW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. That certain property, the legal description of
which is set forth in Exhibit A attached hereto and incorporated
herein by this reference, is hereby rezoned R-1, Low Density
Residential, to be subject to the provisions of the approved PUD
for the property, pursuant to the zoning ordinances of the Town,
and the Town zoning map shall be amended accordingly.
Section 2. This ordinance is deemed necessary for the
protection of the health, welfare and safety of the community.
·1
i ' '
•
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this /%day of _7__,_~u.~1,&.,,,,_ ______ , 1996.
T. L. Peterson
Town Clerk
071196/647[sar]c:FIRESTON\timberzn.ord
2
TOWN OF FIRESTONE, COLORADO
Rick Patt'erson
Mayor
•
LEGAL DESCRIPTION:
Thct port of the West one-half Northeost one-quorter Section 30, Township 2
North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado
described as: Be~inriing at the Northwest corner soid Northeast one-quorter,
thence 539·21 ·23 E along the North line soid Northeost one-quarter a distance
of 330.00 feet, thence soo·oo·oo"w parallel with the West. line said Northeast
one-quarter a distance of 624.17 feet to the True Point of Beginning, said
point being on a curve to the left, the radius of said curve is 120.00 feet,
the delta oi said curve is 4500'00", the chord of said curve bears
N6730'00"E 91.84 feet, thence along the arc of said curve a distance of
94.25 feet to the end oi said curve, thence N45"00'00" E a distance of 123.83
· feet to the beginning of a curve to the right, the radius of said curve is
180.00 feet, the delta of said curve is 45"02'27", the chord of said curve
bears N67 31 '1 4" E 137 .88 feet, thence along the arc of said curve a distance
of 141.50 feet to t,~e end of said curve, thence 589.57' 33" E a distance of
30.00 feet to a point on the East line Northwest one-quarter Northwest one-
qucrter Northeast one-quarter said Section 30, thence S00"02'27"W along said
East line a distance of 217.71 feet to the Northeast corner Southwest one-
qucrter Northwest one-quarter Northeast one-quarter said Section 30, thence
S00"02'27"W along the East line said Southwest one-quarter Northwest one-
quarter Northeast one-quarter a distance of 617.76 feet to the Northeast corner
GLOBE SUBDIVISION SECOND FILING, a subdivision a port of said Section 30,
thence N89"30'2.:t"W along the North line s.aid GLOBE SUBDIVISION SECOND FILING
a distance of 659.24 feet to the Northwest corne-said GLOBE SUBDIVISION SECOND
FIUNG, said corner being on the· West line Northeast one-quarter said Section
30, thence NOO-OO'CO" E a Iona said West line a distance of 622.26 feet to a
point 660.00 feet South of the Northwest corner Northeast ane-quorter said
Section 30, thence 589"21 ·23" E oarollel with the North line Northeast one-
quarter said Section 30 a distance of 330.00 feet, thence N00-00'00" E
parollel with the West line Northeast one-quarter said Section 30 a distance of
35.83 feet to the True Point oi Beginning.
Contains 1 0.46 ;J.cres more or less.
Basis of Bearings: The West lin<:! Northeast one-quarter Section 30, Township 2
North, Ranae 67 West of the Sixth Principal Meridian, Weld County, Colorado ;s
assumed to bear NOO"OO'OO" E.
ORDINANCE NO . .JJ/,f
AN ORDINANCE REZONING PROPERTY KNOWN AS THE GILLESPIE PUD.
WHEREAS, an application for the rezoning of certain property,
described in Exhibit A attached hereto, was filed with the Town
requesting rezoning from Rl-UD and R2-UD to PUD Zone District
pursuant to the zcning ordinances of the Town; and
WHEREAS, the application proposes development 'of the property
as a PUD Zone District in accordance with Title 17 of the Firestone
Municipal Code; and
WHEREAS, the Board of Trustees provided notice of the public
hearing on said rezoning by publication as provided by law; and
WHEREAS, no protests were received by the Town pursuant to
C.R.S. §31-23-305; and ,
WHEREAS, the landowners of said property have requested and
consented to a PUD Zone District. classification; and
WHEREAS, the criteria set forth in Section 17.44.070 of the
Firestone Municipal Code have been met or satisfied and a PUD Zone
District classification is consistent with the Town's plan for the
area; and
WHEREAS, the Firestone Planning Commission has reviewed the
application and the proposed PUD development plan and recommended
the Board of Trustee's approval of rezoning the property PUD Zone
District.
NOW, THEREFORE, .BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. That certain property, the legal description of
which is set forth in Exhibit A attached hereto and incorporated
herein by this reference, is hereby rezoned PUD Zone District, to
be subject to the provisions of the approved PUD Outline
Development Plan for the property, pursuant to the zoning
ordinances of the Town, and the Town zoning map shall be amended
accordingly.
Section 2. This ordinance is deemed necessary for the
protection of the health, welfare and safety of the community.
Section 3. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby repealed to the exten.t of such inconsistency or
conflict.
1
INTRODUCED, READ,
FULL this ,,},filuay of
ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
-7....,_,4(~~~~-----' 1996.
Attest:
~4~ T..Peterson
Town Clerk
072396/1127[sar]c:FIRESTON\gillzon2.ord
TOWN OF FIRESTONE, COLORADO
Risk Pa tt.€!xseai;,O
Mayor -1~,t, 7£RI
2
•
EXHIBIT A
to
TOWN OF FIRESTONE, COLORADO
ORDINANCE NO. .JI/</
3
'· ' .
LEGAL DESCRIPTION
Legal ,)escriplion of a lroct of land being a portion of lhe Norlheost Ouorler or Section 30
· Township 2 North, Range 67 West of lhe 6th Principal Meridian, Weld County, Colorado being
more particularly described as follows:
Beginn'ng al lhe Norlh Quarter Corner of so'1d Section 30 and considering lhe North line of the
Northeast Ouorler of sold Section 30 as bearing North 90·00·00• East and with oil bearings
contoired herein relative thereto; thence along said North line North 90'00'00" East 660.21 feet;
thence deporling said North line South 00'36'10" East 30'00 feet to a point on the South rlght-or-
woy line of County Rood 18; said point being the TRUE POINT OF BEGINNING; \hence along
sold right-of-way line florlh 90·00•00• East 19.50.55 feet to a point on the West right-of-way line
of County Rood 15; thence along said right-of-way line South 00'28'48" East 1,437.29 feet to
a point on lhe t~orlherly line of that certain parcel of land described in deed, recorded in Book
767, under Reception Number 1688928, records of sold county. thence along the North, West and
South lines of sold parcel the following 3 courses and distances: North 90'00'00" West 300.00
feel; thence Soulh 00·2a•45• East 528.00 feet; thence North 90·00·00· East 300.00 feet lo 0
point 0.1 the West right-of-way line of said County Rood 15; thence along ,aid right-of-way line
South 00'28'48" Eo,t 645.61 feet lo a point on the East-Wes! cenleillne of sold Section 30; · .
thence along said East-West centerline South 89'40'54" West 1,615.73 feet to a point on the East•
line of Globe Suodlvlslon Second FIiing according lo the plot on file In the office of the clerk
and recorder, records of said County and as evidenced by monuments in the field; thence along
said East line North 00·~-4•57" West 662.94 feet lo a point on lhe North line of sold Globe
Subdivision Second Filing; thence along said North line South 89'46'25" West 329.38 feet to a
polr,t on the East line of sold Globe Subdivision Second Filing; thence along sold East line and
along l~,e East line of Globe Addition to the Town of Firestone according to the plot on file In
the office of the clerk and recorder, records of said County North 00·35·10· West 1958.29 feet
lo the -RUE POINT OF BEGINNING.
The abo·,e described parcel con loins 108.332 acres more or less.
KNOW Atl MEN BY THESE PRESENTS lhol Parmer A. Gillespie Jr. being the sole owner
and Tom L. Russell and Margaret I. Russell being the Lelnholders of lhe land described hereon
hove coc•sed said lond to be laid out and annexed under lhe name of Gillespie Annexation to the
Town or Firestone.
Ov.NER: PARI.IER A. GILLESPIE, JR.
-~?/7 ~
'2530431 B-1588 P-390 01/23/1997 12:53P PG I OF 3 REC
.~lj Coun.ty CO JA Suki Tsukamoto Clerk & Recorder 16.00
.. ' ;r.
ORDINANCE NO. . 11/.!J
AN ORDINANCE APPROVING AN ANNEXATION, KNOWN AS THE
DITTMER ANNEXATION, TO THE TOWN OF FIRESTONE, COLORADO
DOC
WHEREAS, a petition for annexation of certain unincorporated
property, to be known as the Dittmer Annexation, and described in
Exhibit A attached hereto, has been filed with the Board of
Trustees of the Town of Firestone; and
WHEREAS, the owners of one hundred percent of the area,
exclusive of streets and alleys, have petitioned for annexation to
the Town; and
WHEREAS, the Town is desirous of annexing the described
property; and
WHEREAS, four (4) copies of an annexation map of the area, as
required by law, were filed with the Board of Trustees; and
WHEREAS, not less than one-sixth of the perimeter of the area
proposed to be annexed is contiguous with the Town of Firestone as
required by C.R.S. §31-12-104; and
WHEREAS, a community of interest exists between the area
proposed·to be.anriexed -and the Town of Firestone; and
• _. ,. -•• ' \ ••• ' ,' ' >,' ,.,., ... ,
WHEREAS, the ··area proposed to be annexed is urban; and
WHEREAS, the area proposed to be annexed is integrated with or
is capable of being integrated with the Town of Firestone; and
WHEREAS, the annexation of the territory proposed to be
annexed will not result in the detachment of area from any school
district; and
WHEREAS, 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; and
WHEREAS, the Town has a plan in place, pursuant to C.R.S. §31-
12-105 (1) (e); and
WHEREAS, the Council, by resolution, has determined that the
petition is in substantial compliance with the applicable laws of
the State of Colorado, that the area proposed to be annexed is
eligible for annexation, and further has determined that an
election is not required, and further found that no additional
terms,and .. conditions.are to be imposed upon said annexation except
any provided for •in said petition.'
1
NOW, THEREFO~E, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The annexation to the Town of Firestone of the
property described in Exhibit A attached hereto and incorporated
herein by this reference is ~ereby approved and annexed to the Town
of Firestone.
Section 2. The annexation of said territories is subject to
the conditions provided for in the petition for annexation of sa:id
property filed with the Town of Firestone.
Section 3. This ordinance is deemed necessary for the
protection of the health, ,welfare and. safety of the community.'
INTRODUCED, READ,
FULL this ~day of ·
ADO1-rED, APPROVED, AND ORDERED PUBLISHED IN ¼7 . ' 1996.
T. L. Peterson
Town Clerk
072496/1123 [sar] c: fireston\d:.ttanx. ord
(/ . . .· TO:::I::COLORADO
Rick P~. /.i«-£ ;:jJE<c..e
Mayor )'1/4r;-T£,,,,
1 2530431 B-1588 P-390 01/23/1997 12:53P PG 2 OF 3
2
• •
EXHIBIT A
to·
TOWN OF FIRESTONE, COLORADO
ORDINANCE NO. .J~-3,,,
LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 24,
TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD,
STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 30.00' SOUTHERLY AND 30.00' EASTERLY OF THE
1 ',t
NORTHWEST., CORNER. OF SAID SECTION 24, SAID POINT LYING AT THE
INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO.
11 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 20; THENCE S
89°42' 53 11 E 2554. G3 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE TO A
POINT, SAID POINT BEING 80.00 FEET WEST OF, AND PARALLEL TO, THE
EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 24;
THENCE S 00°14'03 11 W 732.91 FEET ALONG SAID PARALLEL LINE; THENCE
N 89°42'53 11 W 1167.74 FEET TO A POINT ON THE CENTERLINE OF AN
EXISTING CONCRETE DITCH; THENCE ALONG THE CENTERLINE OF SAID DITCH,
S 01°37'50 11 W 84.71 FEET; THENCE N 89°42'53 11 W 759.79 FEET; THENCE
N 00°01'20 11 W 199.07 FEET; THENCE N 89°42'53 11 W 620.77 FEET TO A
POINT 30.00' EASTERLY OF, AND PARALLEL TO, THE WEST LINE OF THE
NORTHWEST QUl,RTER OF SAID SECTION 24; SAID LINE ALSO BEING THE
EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 11; THENCE ALONG
SAID EASTERLY RIGHT-OF-WAY LINE, N 00°01'20 11 W 618.54 FEET TO THE
POINT OF BEGINNING.
l 2530431 B-1588 P-390 01/23/1997 12:53P PG 3 OF 3
~------------,--_)
3
.. ,, ' ·:..,r. c•'.> ,;;,
C'
. ,J .••
ORDINANCE NO. ~·
AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF
FIRESTONE AND KNOWN AS THE DITTMER ANNEXATION
WHEREAS, a petition for annexation of certain property,
described in Exhibit A attached hereto and known as the Dittmer
Annexation, was filed with the Board of Trustees of the Town of
Firest.::>ne; and
WHEREAS, said property was annexed to the Town by ordinance;
and
WHEREAS, the Board of Trustees must provide for the zoning of
said p:::operty; and
WHEREAS, the Board of Trustees provided notice of the public
hearing on said zoning by publication as provided by law; and
WHEREAS, no protests were received by the Town pursuant to
C.R.S. §31-23-305; and
WHEREAS, the landowners of said property requested a PUD
zoning classification in the petition to annex said property; and
WHEREAS, a PUD zoning classification is consistent with the
Town's plan for the area; and
WHEREAS, the Firestone Planning Commission recommended the
Board cf Trustees's approval of a PUD zoning classification.
BE IT ORDAINED BY THE BOARD . OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. That certain property known as the Dittmer
Annexation, the legal description of which is set forth in Exhibit
A attached hereto and incorporated herein by this reference, is
hereby zoned PUD Zone District, to be subject to the provisions of
the approved PUD Outline Development Plan for the property,
pursuant to the zoning ordinances of the Town, and the Town zoning
map shall be amended accordingly.
Se,:::tion 2. This ordinance is deemed necessary for the
protection of the health, welfare and safety of the community.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this d:ff:!'day of ~(2;,,&,½o<.a,,.,/4<41'--------' 1996.
# 7
1
Attest:
.±:. ?eterson
Town Clerk
0724 96/1123 {sar] c: firestone\6..ittanx. ord
2
TOWN OF FIRESTONE, COLORADO
Riek P,,terson »J/l<f.. ;oc6/.6~
Mayor '/0-/U'7
EXHIBIT A
to
TOWN OF FIRESTONE, COLORADO
ORDINANCE NO. ,1({4,
LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 24,
TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD,
STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING ,AT A PCINT 30.00' SOUTHERLY AND 30.00' EASTERLY OF THE
NORTHWEST · CORNER OF SAID SECTION 24, SAID POINT LYING AT THE
INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO.
11 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 20; THENCE S
89°42' 53" E 2554. 03 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE TO A
POINT, SAID POINT BEING 80.00 FEET WEST OF, AND PARALLEL TO, THE
EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 24;
THENCE S 00°14'03" W 732.91 FEET ALONG SAID PARALLEL LINE; THENCE
N 89°42' 53" W 1167. 74 FEET TO A POINT ON THE CENTERLINE OF AN
EXISTIKG CONCRETE DITCH; THENCE ALONG THE CENTERLINE OF SAID DITCH,
S 01°37'50" W 84.71 FEET; THENCE N 89°42'53" W 759.79 FEET; THENCE
N 00°01'20" W 199.07 FEET; THENCE N 89°42'53" W 620.77 FEET .TO A
POINT 30.00' EASTERLY OF, AND PARALLEL TO, THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 24; SAID LINE ALSO BEING THE
, EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 11; THENCE ALONG
SAID EASTERLY RIGHT-OF-WAY LINE, N 00°01'20" W 618.54 FEET TO THE
POINT OF BEGINNING.
CONTAINING 42.79 ACRES, MORE OR LESS.
3
ORDINANCE NO. 347
AN ORDINANCE ESTABLISHING A CAPITAL IMPROVEMENT FEE TO ASSIST IN
MEETING GROWTH RELATED NEEDS OF THE TOWN OF FIRESTONE.
· WHEREAS, the Town is experiencing population growth and
increased land development and construction activity; and
WHEREAS, such population growth and construction activity has
placed and will continue to place a burden on the ability of the
Town to provide public services and facilities in a timely fashion
to accommodate the growth; and
WHEREAS, the Town will need additional resources in order to
provide necessary public services and facilities, and there is a
demonstrated need to provide additional capital improvements to
serve new development and the Town's growing population; and
WHEREAS, the Town has incurred, and will continue to incur,
expense to provide the necessary capital improvements and
facilities to serve the present and future population of the Town,
and new development should pay its fair share of such costs; and
WHEREAS, establishing a capital improvement fee will assist in
defraying the cost of providing or expanding Town services made
necessary by new development within the Town; and
WHEREAS, the Board of Trustees finds that the fee established
herein is reasonably designed to defray the overall costs of the
services or facilities for which the fee is imposed, and that the
fee reasonably relates to the needs created or contributed to by
new development; and
WHEREAS, the fee established herein is dedicated to the
purpose of defraying the costs of particular Town services and
facilities, and not for general Town purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Title 3 of the Firestone Municipal Code is amended
by the addition of a new Chapter 3.20 to read as follows:
Chapter 3.20
CAPITAL IMPROVEMENT FEE AND FUND
3.20.010 Capital Improvement Fee Imposed. A. Any person,
owner, firm, partnership, or corporation required to obtain a
building permit under Chapter 15. 04, and obtaining a building
permit for a residential dwelling unit in accordance with Chapter
1
' :,
15.04, shall pay to the Town a capital improvement fee.
B. The capital
residential dwelling
established from time
improvement fee shall consist
unit, the amount of which
to time by resolution.
of a fee per
shall be as
C. The capital improvement fee shall be paid to the Town
Clerk at the time a certificate of occupancy is applied for. No
certifi,::ate of occupancy shall be issued until the capital
improvement fee has been paid in full.
D. A credit may be applied against the capital improvement
fee for the reascnable cost of construction or acquisition of
improvements described in Section 3.20.040 if approved by the Board
of Trustees in advance of such construction or acquisition.
3.20.020 Fund Created. There is created a capital
improvenent fund. All capital improvement fees imposed and
collected in accordance with this Chapter shall be paid into this
fund. The treasurer shall account separately for all receipts and
disbursements to and from the fund and shall not commingle any part
of such fund with other funds of the Town.
3. 20. 030 Applicability. The capital improvement fee shall
apply only to the construction of new residential dwelling units.
The fee shall not apply when the new residential dwellingunit to be
constructed replaces an existing residential dwelling unit on the
site.
3.20.040 Fund Use. A. Any and all disbursements from the
capital improvement fund shall be limited to the following uses
determined by the Board of Trustees to be reasonably necessary to
respond to and assist in defraying the costs of needs created by
new construction subject to the fee:
1. Constructing and improving streets and roads within
the Town; the purchase and planting of trees;
2. Purchase of real and personal property · in
conjunction with construction of capital improvements;
3. Construction of or acquisition of parks, trails and
other re,::reational facilities;
4. Construction or repair of sidewalks and curbs;
5. Street repair, street grading, overlay and seal
coating;
6. Construction of drainage improvements; and
7. Construction of other capital improvements and
2
.f ,/
facilities as approved by the Board of Trustees.
B. A portion of the capital improvement fee collected may be
used to help defray the equitable share of Town administrative
expenses reasonably incurred in connection with the construction
and acquisition of capital improvements pursuant to this Chapter,
and the cost of accounting and management of the capital
improvement fee and fund. The amount of such expenses and costs
shall be determined from time to time by resolution.
section 2, If any portion of this ordinance is held to be
invalid for any reason, such decision shall not affect the validity
of the remaining portions of this ordinance. The Board of Trustees
hereby declares that it would have passed this ordinance and each
part hereof irrespective of the fact that any,one part be declared
invalid.
Section 3. All other ordinances or portions thereof
inconsistent or ccnflicting with this ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
conflict.
INTRODUCED, READ, AJX}PTED, APPROVED, AND ORDERED PUBLISHED IN
this qt;J""aay of U-1q-4-f/ , , 1996. , , FULL
Attest:
~
T. L. Peterson
Town Clerk
082996/1608[tat)c:Fireston\Capimp.ord
3
TOWN OF FIRESTONE, COLORADO
Rick Paterson
Mayor
ORDINANCE NO . ...Jlj(j
AN ORDINANCE AUTHORIZING THE PAYMENT OF TOWN OF FIRESTONE MONEY
FOR THE PURCHASE OF RAILROAD RIGHT-OF-WAY PURSUANT TO A LETTER OF
UNDERSTANDING BETWEEN THE TOWN AND UNION PACIFIC RAILROAD COMPANY
WHEREAS, the Town of Firestone and Union Pacific Railroad
Company ( "Union Pacific") have previously entered into a Letter of
Understanding for the Town's acquisition of Union Pacific's
abandoned Dent Branch right-of-way, consisting of approximately
274.65 acres, more or less, located one-quarter mile south of Weld
·County Road 12 to just north of Weld County Road 26, Weld County,
Colorado, and more particularly described on Exhibit A, attached
hereto ·and incorporated herein by this reference (hereinafter "the
Rails-to-Trails Property"); and
WHEREAS, the Letter of Understanding provides that the Town
shall pay Union Pacific a total purchase price of One Hundred and
Forty Thousand Dollars ($140,000.00) for the Rails-to-Trails
Property; and
WHEREAS, the Town Board by this Ordinance·desires to identify
the source of funding for such purchase and otherwise comply with
Section 31-25-302, Colorado Revised Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Unless other funds become available for use by the
Town, as determined by the Town Board, moneys from the sources set
forth below shall be used to pay the purchase price of the Rails-
to0Trails Property, which Property is described on Exhibit A,
attached hereto. The purchase price shall be paid in cash or
certified funds as set forth in the Letter of Understanding for the
purchase. The funding sources are as follows:
Federal Participating Funds
(State Transportation Improvement Program)
Town Conservation Trust Fund
$105,000.00
$35,000.00
Section 2. The payment for the Rails-to-Trails Property
shall be subject to necessary budgetary transfers or supplementary
budgets and appropriations in accordance with state law.
Section 3. Nothing in this Ordinance is intended to nor
should be construed to create any ·multiple-fiscal year direct or
indirect Town debt or fiscal obligation whatsoever.
Section 4. The Town Board herewith finds, determines, and
declares that this Ordinance is necessary for the immediate
preservation of the public health and safety in order to effectuate
the timely purchase of the Rails-to-Trails Property, and that this
1
Ordinance shall take effect upon adoption and signing by the .Mayor
if approved by three-fourths of the members of the Town Board.
Section 5. If any portion of this ordinance is held to be
invalid for any reason, such decision shall not affect the validity
of the' remaining portions of this ordinance. The Town Board hereby·
declares that it would have passed this ordinance and each part
hereof irrespective of the fact that any one part be declared
invalid.
Section 6. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
· hereof· are. hereby. repealed to the extent .of such inconsistency or
conflict.
INTRODUCED; .READ, ADJJ»TED, APPJWVED, AND ORDERED PUBLISHED IN
FULL this /~day of ~auf.«L , 1996.
Att~
Trudy Peterson
Town Clerk
120496/lSSl[sji]c:Fireston\Rails.ord
2
TOWN OF FIRESTONE, COLORADO
RickP&tterson
Mayor
EXHIBIT A: Legal Description of Rails-to-Trails Property:
That certain property conveyed to Union Pacific Railroad Company under the
following instruments, recorded in the Weld County Records:
Document Granter Date Recording Book Page
Date
Warranty Deed Gabathuler 05/18/09 06/02/09 305 112
Warranty Deed Kirby 06/05/09 06/18/09 305 212
Warranty Deed Kirby 06/05/09 06/18/09 305 211
Warranty Deed Cooper 08/03/09 08/19/09 305 549
Warranty Deed Dacono Townsite Co. 08/04/08 08/20/09 233 428
Warranty Deed Louisville Coal 09/06/12 09/13/12 362 29·
Warranty Deed St. Vrain Coal Co. 05/02/10 06/13/10 320 187
Warranty Deed Wolff 05/12/09 05/17/09 305 16
Warranty Deed Maxwell .05/13/09 05/17/09 305 15
.
Warranty Deed Davis 05/22/09 06/02/09 305 110
Warranty Deed Davis 04/14/10 04/27/10 325 487
Warranty Deed Haynes 04/19/09 11/19/09 311 529
Warranty Deed Rosedale Inves. Co. 04/19/09 04/26/09 233 486
Warranty Deed Whitcomb 05/20/09 06/02/09 305 109
Warranty Deed Thompson 04/15/09 12/15/09 316 142
Warranty Deed Lupton Meadows Land 04/23/09 04/28/09 233 487
Warranty Deed Lockard 04/20/09 04/26/09 300 467
Warranty Deed McGlenn 07/12/09 07/27/09 305 425
Warranty Deed S8hwiesow 04/14/09 09/15/10 332 241
Warranty Deed Carruth 01/11/11 01/28/11 337 523
Warranty Deed Brennan 06/19/18 06/22/18 522 87
Warranty Deed Allen (1) 05/12/09 11/02/09 310 455
Quit Claim Deed Elliot 05/13/09 05/17/09 270 180
Quit Claim Deed Clark 11/09/05 11/27 /OS 212 280
Quit Claim Deed Clark(2) 05/11/06 05/29/06 212 424
Warranty Deed Tidball 05/12/06 05/29/06 241 329
Quit Claim Deed Clark 08/19/07 02/01/08 271 401
Condemnation Odr. Gibson 03/11/10 03/21/10 327 123
{1} Excepting therefrom tiat parcel of land conveyed by Quit Claim Deed dated 12/01/43 from Union
Pacific Railroad Com~any to Jolm J. Lamb and identified as UPLS 1192;
(2) Excepting therefrom that certain strip of land conveyed by Quit Claim Deed dated 11/09/05
from Mary M. Clark, et. al. to Union Pacific Railroad Company recorded 11/27/05 in Book 212
at Page 280, Weld County Records.
Reserving unto the Union Pacific Railroad Company an easement for railroad purposes, said easement
being the most westerly 50 feet of the above described properties.
3
ORDINANCE No . .J.:j_'f
TOWN OF FIRESTONE, COLORADO
AN ORDINANCE 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 1997 BUDGET YEAR.
WHEREAS, the Board of Trustees has adopted the annual budget in accordance
with the Local Government Budget Law, on December 12, 1996, and;
WHEREAS, the Board of Trustees has made provision therein for revenues in an
amount equal to the 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 ORDAINED 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, to each fund, for the purposes stated:
General Fund
Total General Fund $302,095
Park Fund
Total Park Fund $ 28,218
Conservation Trust Fund
Total Conservation Trust Fund $172,054
Street and Highway Fund
Total Street and Highway Fund $102,216
Water Fund
Total Water Fund $328,424
..
APPROVED, ADOPTED, SIGNED, AND ORDERED PUBLISHED BY THE
BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, THIS
TWELFTH DAY OF DECEMBER, 1996.
ATTEST: By:~-
~-
Town Clerk
Mayor
-34-
ORDINANCE NO . .JS,!J
SUPPLEMENTAL BUDGET APPROPRIATION
An Ordinance appropriating additional sums of money to defray expenses in excess of amounts
budgeted for the Town of Firestone, Colorado for the 1996 budget year.
WHEREAS, the Town of Firestone has received additional sums of money from grants
received, additional sales and use tax, and unappropriated reserve funds; and
WHEREAS, the Town desires to appropriate those funds in addition to the original
appropriation amounts,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FIRESTONE, COLORADO:
Section 1. That the 1996 appropriation by the Board of Trustees of the Town of Firestone,
Colorado in the General Fund is hereby increased from $327,904 to $339,904 for unexpected
legal and engineering fees.
Section 2. That the 1996 appropriation by the Board of Trustees of the Town of Firestone,
Colorado in the Highway Fund is hereby increased from $73,375 to $106,204 for sealcoating
the existing streets in the Town.
Section 3. That the 1996 appropriation by the Board of Trustees of the Town of Firestone,
Colorado in the Water Fund is hereby increased from $225,437 to $250,437 for the purchase of
water storage and the installation of a new master meter.
Section 4. That the 1996 appropriation by the Board of Trustees of the Town of Firestone,
Colorado in the Conservation Trust Fund is hereby increased from $7,500 to $140,000 for the
purchase of the Union Pacific Railroad property.
APPROVED, ADOPTED, SIGNED, AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, THIS NINETEENTH DAY OF
DECEMBER, 1996.
ATTEST:
Mayor
Clerk
ORDINANCE NO .. :J5 { .
AN ORDINANCE EXTENDING THE. CURRENT CABLE TELEVISION
FRANCHISE FOR A PERIOD QF ONE YEAR.
WHEREAS, by Ordinance No. 160 dated February 10, 1981, the Town granted a cable
television franchise which is currently held by TCI Cablevision of Colorado, Inc.; and
WHEREAS, by Ordinance No. 321 dated January 11, 1996, the Town granted an
extension of the term qf the . cable television franchise for a period of one year to allow
additional time to proceed with the franchise renewal process; and
WHEREAS, the Town and TCI Cablevision of Colorado,. Inc. desire to further extend the
term of the cable television franchise for a period of six ( 6) months to .allow more
additional time to proceed with .the franchise renewal process.
NOW, THEREFORE, BE IT ORI/AINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO: ·
'j . . .
Section 1. The Town hereby approves the temporary extension of the Cable Television
Franchise granted by Ordinance No. 160, which franchise is currently held. by TCI
Cablevision of Colorado, Inc., as successor in interest thereto, for a period of six (6)
months from its present expiration date of February 10, 1997 to August 10, 1997.
INTRO~UCED, READ, t-OPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this ~day of , «ry , 1997. · . . /I . . ·.. . .
(/ . . .
TOWN OF FIRESTONE, COLORADO
Rick Patterson, Mayor
ATTEST:
T.L. Peterson, Clerk
ORDINANCE NO. ...35;£
AN ORDINANCE APPROVING AN ANNEXATION, KNOWN AS THE TEETS
ANNEXATION NO. 1 TO THE TOWN OF FIRESTONE, COLORADO
WHEREAS, a petition for annexation of certain unincorporated
property, to be known as the Teets Annexation No. 1, to be the
first of three parcels to be annexed in a series, and described in
Exhibit A attached hereto, has been filed with the Town Board of
the Town of Firestone; and
WHEREAS, pursuant to §31-12-108 to -110, the Town Board on
February 27, 1997, held a duly-noticed public hearing to consider
the proposed annexation; and
WHEREAS, notice of the hearing was published January 22 and 29
and February 5 and 12, 1997, in the Farmer & Miner Newspaper; and
WHEREAS, the Town Board, by resolution, has determined that
the petition is in substantial compliance with the applicable laws
of the State of Colorado, that the area proposed to be annexed is
eligible for annexation, and further has determined that an
election is not required, and further found that no additional
terms and conditions are to be imposed upon said annexations except
any provided for in said petition.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The annexation to the Town of Firestone of the
property described in Exhibit A, attached hereto and incorporated
herein by this reference, and known as the Teets Annexation No. 1,
is hereby approved and such property is made a part of and annexed
to the Town of Firestone.
Section 2. The annexation of said territory is subject to the
conditions provided for in the petition for annexation of said
property filed with the Town of Firestone.
INTRODUCED, READ, PASSED ON
PUBLISHED IN FULL this . A7 k day
AND ORDERED
,qZ.,,.~~~---' 1997.
Attest:
~~ T. L. Peterson
Town Clerk
----
2558850 B-1617 P-13
Weld County CO
Rick Patterson
Mayor
07/21/1997 10:08A PG 1 OF 2 REC
JA Suki Tsukamoto Clerk & Recorder 11.00
COLORADO
DOC
t
EXHIBIT A
ORDINANCE NO. .3.:JJ,
LEGAL DESCRIPTION: TEETS ANNEXATION NO. 1
A.tract of land on over and across a portion of Sections 20 and 29,
T2N, RE7W, of the 6th P.M., Weld County, Colorado. Being more
particularly described as follows:
All of Section 20, Township 2 North, Range 67 West of the 6th PM,
except the East 1/2 of the Northeast 1/4 and the parcel annexed to
the City of Firestone as County Road Business Park
and
all of The,,Northwest 1/4 of Sect.ion 29 .and the No:r-th 30 feet of the
Northeast 1/4 of Section 29, Township 2 North, Range 67 West of the
6th PM.
The above described parcel contains 683 Acres, more or less
012797/2048[sjl]c:Fireston\Teetsl.orj
·----~~---~
2558850 B-1617 P-13 07/21/1997 I0:08APG~OF2
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'
ORDINANCE NO. ,J.;;J
AN ORDINANCE APPROVING AN ANNEXATION, KNOWN AS THE TEETS
ANNEXATION NO. 2 TO THE TOWN OF FIRESTONE, COLORADO
WHEREAS, a petition for annexation of certain unincorporated
property, to be known as the Teets Annexation No. 2, to be the
second of three parcels to be annexed in a series, and described in
Exhibit A attached hereto, has been filed with the Town Board of
the Town of Firestone; and
WHEREAS, pursuant to §31-12-108 to -110, the Town Board on
February 27, 1997, held a duly-noticed public hearing to consider
the proposed annexation; and
WHEREAS, notice of the hearing was published January 22 and 29
and February 5 and 12, 1997, in the Farmer & Miner Newspaper; and
WHEREAS, the Town Board, by resolution, has determined that
the petition is in substantial compliance with the applicable laws
of the State of Colorado, that the area proposed to be annexed is
eligible for annexation, and further has determined that an
, election is not required, and further found t,hat no additional
terms and conditions are to be imposed upon said annexations except
any provided for in said petition.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The annexation to the Town of Firestone of the
property described in Exhibit A, attached hereto and incorporated
herein by this reference, and known as the Teets Annexation No. 2,
is hereby approved and such property is made a part of and annexed
to the Town of Firestone.
Section 2. The annexation of said territory is subject to the
conditions provided for in the petition for annexation of said
property filed with the Town of Firestone.
INTRODUCED, READ, PASSED ON FIRST READING,
PUBLISHED IN FULL this ,Jl:7 a:· day of ~~
Attest:
T. L. Peterson
Town Clerk
TOWN OF FIRESTONE,
Rick Patterson
Mayor
AND ORDERED
1997.
COLORADO
2558851 B-1617 P-14 07/21/1997 10:08A PG 1 OF 2 REC DOC
Weld County CO JA Suki Tsukamoto Clerk & Recorder 11.00
EXHIBIT A
ORDINANCE NO. _j,5:!J
LEGAL DESCRIPTION: TEETS ANNEXATION NO. 2
BEGINNING at the Southwest corner of said Section 17, along the
West line of the Southwest Quarter of said Section 17 N00°58'40"W
30.00 feet to a point on the North Right-of-Way line of County Road
20; thence along said line N89°01'20"E 649.34 feet; thence
departing from said line N00°58'40"W 19.00 feet to a point on the
North Right-of-Way line of County Road 20 according to the plat of
Casagrande Estates -First Addition, recorded at Reception No.
1601380 in Envelope No. 522 in the records of Weld County; thence
along said line N89°01'20"E 1948.93 feet; thence N00°14'13"W 1.00
feet; thence N88°14'59"E 327.39 feet; thence S00°05'30''E 1.00 feet;
thence N88°15'05"E 947.74 feet to a point on the westerly boundary
of Lot Bas described in Recorded Exemption No. 1311-17-1-RE498 at
Reception 1860962 in Book 939 in the records of Weld County; thence
N0l 0 43' 58 "W 614. 77 feet; thence N88°16' 02 "E 105. 00 feet; thence
N01°43' 58"W 660. 80 feet; thence S88°16' 02"W 670. 00 feet; thence
N54°54'34"E 2395.42 feet to a point 30 feet West of the East line
of Se-ction 17; thence S00°40' 40"W parallel to said East line of
Section 17 1921.07 feet; thence S21°38'12"W 81.56 feet to a point
of curve to the right;thence Southwesterly, 199.62 feet along the
arc o= said curve to a point of tangent, said arc having a radius
of 165.00 feet, a delta angle of 69°19'00" and being subtended by
a chord that bears S56°17'42"W 187.66 feet; thence N89°0248W 395.81
feet; thence N76°58' 58 "W 153. 75 feet; thence soo 0 59' 58 "W 574. 76 feet
to a point 30' North of the South line of the east half of said
Section 17; thence S88°15'05"E parallel to said south line, 713.85
feet; thence soo 0 40'0l"W 60.06 feet; thence S88°15'05"E 1284.18 feet
to a point on the easterly boundary of the aforementioned County
Road Business Park; thence N01°44'55"W 30.00 feet to a point on the
South line of the Southeast Quarter of Said Section 1 7; thence
along said line S88°15' 05 "W 1315. 49 feet to the South Quarter
Corner of said Section 17; thence along the South line of the
Southwest Quarter of said Section 17 S89°0l' 20 "W 2597. 64 feet to
the BEGINNING.
The above described parcel contains 64.92 Acres, more or less
012797/2CSl[sjlJc:Fireston\Teets2.ord
, 2558851 B-1617 P-14 07/21/1997 10:08A PG 2 OF 2
j
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ORDINANCE NO.
AN ORDINANCE APPROVING AN ANNEXATION, KNOWN AS THE TEETS
ANNEX.Z\.TION NO. 3 TO THE TOWN OF FIRESTONE, COLORADO
WHEREAS, a petition for annexation of certain unincorporated
property, to be known as the Teets Annexation No. 3, to be the
third of three parcels to be annexed in a series, and ·described in
Exhibit A attached hereto, has been filed with the Town Board of
the Town of Firestone; and
WHEREAS, pursuant to §31-12-108 to -110, the Town Board on
February 27, 1997, held a duly-noticed public hearing to consider
the proposed annexation; and
WHEREAS, notice of the hearing was published January 22 and 29
and February 5 and 12, 1997, in the Farmer & Miner Newspaper•; and
WHEREAS, the Town Board, by resolution, has determined that
the petition is in substantial compliance with the applicable laws
of the State of Colorado, that the area proposed to be annexed is
eli9"ible for annexation, and further has determined that an
election is not required, and further found that no additional
terms and conditions are to be imposed upon said annexations except
any provided for in said petition.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The annexation to the Town of Firestone of the
property described in Exhibit A, attached hereto and incorporated
herein by this reference, and known as the Teets Annexation No. 3,
is hereby approved and such property is made a part of and annexed
to the Town of Firestone.
Section 2. The annexation of said territory is subject to the
conditions provided for in the petition for annexation of said
property filed with the Town of Firestone.
INTRODUCED, READ,
PUBLISHED IN FULL this
Attest:
~n
Town Clerk
-·---
PASSED ON FIRST READING,
/1,,./:, day of £..q:fu.,,.,.L
TOWN OF FIR;;TONE,
Rick Patterson
Mayor
----~-· ---
07/21/1997 10:09A PG 1 OF 2 REC
AND ORDERED
, 1997.
COLORADO
-~
DOC I 2558852 B-1617 P-15
Weld County CO JA Suki Tsukamoto Clerk & Recorder 11.00
EXHIBIT A
ORDINANCE NO. ..JSi
LEGAL DESCRIPTION: TEETS ANNEXATION NO. 3
Commencing from the Northeast corner of said Section 17; thence
along the North line of the Northeast 1/4 a distance of 330.00 feet
to the point of BEGINNING; thence S00°59' 05 "W, 1389. 94 feet to a
point on the approximate centerline of the South Platte Supply
Canal (Coal Ridge Ditch) as described in Recorded Exemption No.
1311-17-1-RE498 of the records of Weld County; thence along said
centerline N30°56'05"E, 182.82 feet; thence N47°55'15"E, 95.06 feet;
thence N55°34'40"E, 104.76 feet; thence N67°37'45"E, 58.42 feet to
a point 30.00 feet due East of the East line of Section 17; thence
S00°59' 05 "W, along a line 3 0. 00 feet west of said East line of
Section 1 7 a distance of 1544. 14 feet to a point on the North
boundary of Teets Annexation No.2; thence along said North Boundary
S54°54' 34 "W, 23 95. 42_ feet to a point on the east boundary of
Casagrande Estates First Addition, a Subdivision in the County of
Weld, State of Colorado, According to the recorded plat thereof;
thence along said East boundary N01°43'58"W 424.82 feet to a point
of curve to the left; thence Northwesterly, 670.45 feet along the
arc of said curve to a point of tangent, said arc having a radius
of 750.00 feet, a delta angle of 51°13'08" and being subtended by
a chord that bears N27°20'32"W, 648.35 feet; thence N52°57'06"W,
118.29 feet to the Southerly most point of LOT A as described in
the Record Exemption No. 1311-17-RE498 of the records of Weld
County; thence N37°02'05"E along the Easterly boundary of said LOT
A, 645.98 feet; thenceN52°56'55"W, 485.34 feet; thenceN72°21'27"W,
210. 65 feet to a point on the East line of the aforementioned
Casagrande Estates First Addition; thence N02°01'55"W, 707.88 feet;
thence S87°58'05"W, 155.32 feet; thence N02°01'55"W, 646.77 feet;
thence S88°43'05"W, 44.96 feet; thence N01°16'55''W, 255.00 feet to
a poin~ of curvature; thence Northeasterly, 110.72 feet along the
arc of a curve, concave to the Northwest, to a point of reverse
curve, said arc having a radius of 50.00 feet, a delta angle of
126°52'11" and being subtended by a chord that bears N25°16'59"E,
89.44 ::eet; thence Northwesterly, 32.18 feet along the arc of said
reverse curve to a point tangent, said arc having a radius of 50.00
feet, a delta angle of 36°52'11" and being subtended by a cord that
bears N19°43'01"W, 31.62 feet; thence N01°16'55"W, 295.00 feet to
the Northeast Corner of said Casagrande Estates First Addition, to
a point on the North line of the Northwest 1/4 of said Section 17;
thence N88°43' 05 "E 148 .15 feet along the North line of the
Northwest 1/4 of said Section 17 to the North 1/4 Corner of said
Section 17; Thence N88°42' 40 "E 2396. 57 feet along the North line of
the Northeast 1/4 of said Section 17 to the point of BEGINNING.
The above described parcel contains 183.16 Acres, more or less
012797/205~[sjl]c:Fireston\Teets3.ord
2558852 B-1617 P-15 07/21/1997 10:09A PG 2 OF 2
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ORDINANCE NO. J~__,
AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF
FIRESTONE AND KNOWN AS THE TEETS ANNEXATION NO. 1, TEETS
ANNEXATION NO. 2 AND TEETS ANNEXATION NO. 3 TO THE TOWN
OF FIRESTONE.
WHEREAS, a petition for annexation of certain property,
described in Exhibit A attached hereto and made a part hereof, and
known as the Teets Annexation No. 1, No. 2, and No. 3 to the Town
of Firestone, was filed with the Board of Trustees of the Town of
Firestone; and
WHEREAS, said property was annexed to the Town by ordinance;
and
WHEREAS, the Board of Trustees must provide for the zoning of
said property; and
WHEREAS, the Board of Trustees provided notice of the public
hearing on said zoning by publication as provided by law; and
WHEREAS, no protests were received by the Town pursuant to
C.R.S. §31-23-305; and
WHEREAS, the landowners of said property requested a Planned
Unit Development Residential-A· (PUD R-A) zoning classification for
the property and have submitted an Outline Development Plan in
connection with said zoning reques~; and
WHEREAS, a Planned Unit Development Residential-A (PUD R-A)
zoning classification is consistent with the Town's plan for the
area encompassed by the property; and
WHEREAS, the Firestone Planning Commission has held a public
hearing on the landowners' zoning request and has forwarded its
recommendation to the Board of Trustees, and the Board of Trustees
has duly considered the Commission's recommendation; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. That certain property known as Teets Annexation
No. 1, Teets Annexation No. 2 and Teets Annexation No. 3 to the
Town of Firestone, the legal descriptions of which are set forth in
Exhibit A attached hereto and made a part hereof, are hereby zoned
Planned Unit Development Residential-A (PUD R-A) pursuant to the
zoning ordinances and development regulations of the Town, and in
accordance with the Teets PUD Outline Development Plan approved by
the Board of Trustees and on file with the Town, and the Town
zoning map shall be amended accordingly.
1
' ---. -
2558853 B-1617 P-16 0-7/21/1997 10:09A PG 1 OF_2_ -REC --DOC --
Weld County CO JA Suki Tsukamoto Clerk & Recorder 11.00
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
this ,tf'fr'day of · ~~ , 1997. FULL
Attest:
~n
Town Clerk
022697/1752[sjl]c:Teetsznl.crd
'2558853 B-1617 P-16
2
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
"' ' " 9';:) i" .F,.;_1
~-v'\ . ~ ~ 'v-f_Q;\-i)V~ r D 80\J... lDD · ..
~~S.-\u~ ·c,o -~ oSVD
ORDINANCE NO. 356
AN ORDINANCE ADOPTING BY REFERENCE AND AMENDING CERTAIN PROVISIONS
OF THE COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS
CODE FOR APPLICATION STREETS UNDER THE JURISDICTION OF THE TOWN OF
FIRESTONE THAT ARE NOT PART OF THE STATE HIGHWAY SYSTEM, AND MAKING
AMENDMENTS TO THE FIRESTONE MUNICIPAL CODE IN CONNECTION THEREWITH.
WHEREAS, pursuant to C.R.S. §43-2-147(1), the Town of
Firestone is authorized to regulate vehicular access to or from any
public highway under its jurisdiction from or to property adjoining
a public highway in order to protect the public health, safety, and
welfare, to maintain smooth traffic flow, to maintain highway
right-of-way drainage, and to protect the functional level of
public highways; and
WHEREAS, pursuant to C.R.S. §43-2-147(7), the Town of
Firestone may in the manner prescribed by Article 16 of Title 31,
C.R. S., adopt by reference all or any part of . a the Colorado
Department of Transportation State Highway Access Code for
application to local roads and streets that are not part of the
state highway system; and
,• WHEREAS, the Board of Trustees of the Town of Firestone
desires to adopt by reference and amend certain provisions of the
Colorado Department of Transportation State Highway Access Code for
application to Town roads and streets; and
WHEREAS, the Board of Trustees finds it is desirable to make
certain amendments to Firestone Municipal Code in connection with
the adoption of such Code; and
WHEREAS, pursuant C.R.S. §31-16-201 et §.§g_,_, the Board of
Trustees on March 27, 1997, held a duly-noticed public hearing on
the adoption of such Code.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Title 12 of the Firestone Municipal Code is
amended by the addition of a Chapter 12.06, to read as follows:
Chapter 12.06
ACCESS TO PUBLIC STREETS
Sections:
12.06.010 Permit--Required.
12.06.020 Access Code--Adopted--Copy on File.
12.06.030 Access Code--Interpretation and Definitions.
12. 06. 040 Access ·code--Amendments, Modification and Deletions.
12.06.050 Access Code--Reimbursement
1
12.06.010 Permit--Required. A. No person shall construct,
any access providing direct vehicular movement to or from any
street from or to property in close proximity or abutting a street
without an access permit issued by the Town Engineer.
B. Access permits shall be issued only in compliance with
the Access Code adopted pursuant to Section 12.06.020, and permits
may include terms and conditions authorized by the Access Code.
The Town Board and Town Engineer are authorized to impose terms and
conditions as necessary and convenient to meet the requirements of
the Access Code. In no event shall an access permit be issued if it
is detrimental to the public health, welfare, and safety.
C. Direct access from a subdivision to a street shall be
permitted only if the proposed access meets the purposes and
requirements of the Access Code. Local traffic from a subdivision
in close proximity or abutting a street shall be served by an
internal street system of adequate capacity, intersecting and
connecting with the general street system in a manner that is safe
and is consistent with the assigned access category under the
Access Code and the design requirements of the Access Code.
D. The Town may require that any driveway, whether
constructed before, on, or after the effective date .of this
ordinance, be reconstructed or relocated to conform to the Access
Code at the property owner's expense if a reconstruction or
relocation is necessitated by a change in the use of the property
which results in a change in the type of driveway operation. The
necessity for the relocation or reconstruction shall be determined
by reference to the standards set forth in the Access Code.
E. The is.suance of any. access permit, agreement, plat,
subdivision, plan or correspondence shall not abrogate or limit the
police powers of the Town exercised in the protection of the
public's health, safety and welfare. ·
12.06.020 Access Code--Adopted--Copy on File. Pursuant to
the power and authority conferred by C.R.S. §43-2-147(7) and C.R.S.
§31-16-201 et sec., there is hereby adopted by reference as if set
out at length the Colorado Department of Transportation State
Highway Access Code, September 30, 1985 Edition, promulgated and
published as such by the Colorado Department of Transportation,
4201 East Arkansas Ave., Denver, Colorado 80222, and set forth in
2 Code of Colorado Regulations 601-1 ("Access Code"). The Access
Code is adopted in full except for those provisions amended,
modified or deleted as set forth in Section 12.06.040, and as so
adopted is for application to public streets within the
jurisdiction of the Town. The subject matter of the Access Code
relates primarily to comprehensive standards for the design and
location of driveways and other points of access to public
highways, including streets under the jurisdiction of the Town that
are not part of the state highway system. The purpose of the
Access Code is provide the procedures and standards necessary to
protect the public health, safety, and welfare, to maintain smooth
traffic flow, to maintain highway right-of-way drainage, and to
protect the functional level of public highways while meeting
2
' '
state, regional, local and private transportation needs and
interests. Three (3) copies of the Access Code, as adopted by the
Town, are now filed in the office of the Town Clerk and may be
inspected during regular business hours.
12.06.030 Access Code--Interpretation and Definitions.
A. This Chapter, the Access Code adopted in this Chapter,
and all words and phrases in the Access Code, shall be interpreted,
construed and applied to streets within the jurisdiction of the
Town in order to effectuate the purpose of such Chapter and Access
Code, as stated in Section 12.06.020.
B. As used in this Chapter, 11 Access Code II means the Colorado
Department of Transportation State Highway Access Code, as adopted
by reference in Section 12.06.020, including all amendments,
modifications and deletions set forth in Section 12. 06. 0.40. Any
words or phrases in this Chapter which are defined in the Access
Code shall have the meaning set forth in the Access Code.
C. Article and Section headings of this Chapter and the
adopted Access Code shall not be deemed to govern, limit, modify or
in any manner affect the scope, meaning, or extent of the
provisions of any article or section thereof.
12.06.040 Access Code--Amendments, Modifications and
Deletions. The
are made to the
1985 Edition:
following amendments, modifications and deletions
Colorado State Highway Access Code, September 30,
A. Subsection 1. 3, Implementation, ',-, is deleted.
B. Subsection 1.5, References, is amended to read as
follows:
1.5 References
The standards and specifications contained in sections three
and four of this Code are based on engineering judgment and
the following standard engineering references used by the
Department and issuing authority.
1. A Policy on Geometric Design of Highways and Streets,
1990. American Association of State Highway and
Transportation Officials, Suite 225, 444 North Capitol
Street, Washington, D, c. 20001, 202-624-5800.
2. Transportation and Traffic Engineering Handbook,
Institute of Transportation Engineers, Washington, D.C.,
1992. ,,
3. Manual on Uniform Traffic Control Devices for Streets and
Highways, (M. U. T. C. D. ) , A standard of the U.S. Department
of Transportation and the Federal Highway Administration,
Washington, D. C., as amended.
3
The Colorado Supplement to the Manual on Uniform
Control. Devices · for Streets and Highways,
Department of Transportation, as amended.
Traffic
State
5. The current editions of the following manuals and
standards of the Colorado Department of Transportation:
a. Roadway Design Manual
b. Materials Manual
c. Construction Manual
d. Standard Specifications for Road and Bridge
Construction
e. Colorado Standard Plans
f. Bicycle Facility Design Guide, Colorado Supplement
g. Utility Manual
h. Right of Way Manual
6. Trip Generation, Fifth edition, Institute of
Transportation Engineers, Washington, D.C. 1991. [525
School Street, S.W., Suite 410, Washington D.C. 20024-
2729, phone (202)554-~050]. ·
7. Roadside Design Guide, American Association of State
Highway and Transportation Officials, Washington, D. C.
1989.
8. Highway Capacity Manual, Special Report 209, 3rd Edition
revised 1994, Transportation Research Board, Washington
D.C.
9.
10.
C.
2.1
Highway Capacity Software, Release 2. 3, 1994, A
computerized capacity and · 1evel of service analysis
software for highways and intersections. University of
Florida, Gainesville, Florida
Passer II-90, Version 2.0, December 1993, A computerized
traffic signal and operation analysis software. Texas
Transportation Institute, Texas A & M University.
h: Subsection 2.1, Purpose, is amended to read as follows:
Purpose
This section provides the administrative procedures and
related information and requirements for the implementation of
the Code.
D. Subsection 2.3, Obtaining a Permit, is retitled and
amended to read as follows:
2.3 Obtaining and Applying for a Permit
4
1. The Act provides to .the Town the authority to issue
access permits to streets under its jurisdiction.
2. Persons wishing to apply for direct access to a street
under the jurisdiction of the Town should contact the
Town Clerk to determine who is responsible for processing
permit applications. Requests must be submitted on
standard access permit application forms obtainable from
the Town. The Town may require any of the following
items or others, when relevant to the evaluation of an
access application or construction of an access: A)
Highway and driveway plan and profile. B) Complete
drainage plan of the site showing impact to the highway
right-of-way. C) Map and letters detailing utility
locations before and after development in and along the
highway. D) A subdivision zoning or development plan. E)
Property map indicating other access and abutting public
roads and streets, and F) Proposed access design.
3. Prior to submitting a formal application, interested
parties may request a preliminary application conference
with appropriate Town staff. The purpose of such a
conference shall be to review preliminary plans of an
applicant and to allow reaction and recommendation from
Town staff prior to submission of formal application. At
such conference, applicants should provide preliminary
maps, plans and documents to illustrate the site,
ownerships, size and type of land use, estimated traffic
volumes and vehicle types generated, adjacent public
roads, existing and available access points, and other
adjacent accesses. At the conference, participants will
discuss Code requirements, site specific conditions,
various options for access location and design, and those
items that should be submitted with the formal
application. These preliminary conferences, comments and
recommendations will in no way bind the Town or the
applicant in future decisions on a formal application
submission.
4. Applications for access shall include a completed access
permit application form and any required attachments
necessary to review and assess the· application or
complete the permit. Attachments necessary may include
plans, maps, traffic studies, surveys, deeds, agreements,
designs, documents, data, drainage, utilities and proof
of insurance. The scale, location and anticipated impacts
of the access proposal will determine the scope of the
attachments necessary in the application. The applicant
may be required to submit information needed to evaluate
the impacts of the proposed access on the general street
system. All such submittals become the property of the
Town. Items without relevance on the approval or denial
5
of the application or completion of the permit will not
be requested. If the applicant is other than the surface
rights owner of the property to be served, then the
applicant must include sufficient evidence of concurrence
or knowledge in the application by the surface rights
owner and proof of property rights. Complete names,
addresses and telephone numbers of the property owner(s)
and the applicant(s) shall be given on the application,
along with the expected dates of construction and
commencement of use of the access. When the owner or
applicant is a company, corporation or other agency, the
office and the name of the responsible officer will be
provided. The corporation must be licensed to do business
in Colorado. Misrepresentation of existing· or future
conditions or of information requested for the
application, shall be considered sufficient grounds for
permit denial or revocation.
E. Section 2. 4, Application for an Access Permit to the
State Highway When the Appropriate Local Authority is the Issuing
Authority, is retitled and amended to read as follows:
2. 4 Processing of an Access Permit Applic_ation
1. The applicant shall submit no less than two complete
copies of the application and attachments to the Town
Clerk, for forwarding to the Town Engineer. The Town may
refuse to accept the application when information the
Town Engineer considers reasonably necessary or desirable
is missing from the application or when there is no
written evidence that the owner(s) of the property
surface rights or access rights concurs in the
application. The applicant shall be notified in a timely
manner of what is missing from the application. On the
date the Town Engineer determines that the application is
complete, Town staff shall date and initial or stamp the
original application copy with such date, which shall be
the date. of acceptance of the application.. A 45-day
review period begins on the date of acceptance of the
application.
2. Upon acceptance of the application and any required
attachments, the Town Engineer shall use this Code, the
Act and any other applicable local, state and federal
laws for evaluating and acting on.the application. The
Town Engineer may grant the access as proposed, require
design and location modifications as the Town Engineer
considers appropriate, restrict one or more turning
movements · as necessary to reduce traffic and safety
impacts, or deny the access, all as determined by the
standards of the Code. Any access permit prepared by the
Town Engineer shall conform to all sections of this Code,
6
' ' '
4.
5.
except· that variances may be considered pursuant to
subsection 2.8 for any design standard of this Code not
applicable or feasible given proposed access site
specific physical and traffic operation conditions. The
Town Engineer shall complete a review and take final
action to approve or deny the application within 45 days
of the date of acceptance.
If an applicant wishes to seek a variance from the
standards of the Code, a request must be submitted as an
attachment to the permit application form. See subsection
2.8 for further information.
If the proposed access cannot meet the requirements or
standards of the Code including variance criteria, the
Town Engineer shall deny the application. If the Town
Engineer denies the permit application, the Town Engineer
shall transmit to both the applicant and the Town Board
a copy of the permit application marked "denied" and a
written explanation of the reasons for denial. The date
of transmittal of a denial shall be the date the denied
application and written explanation are placed in the
U.S. mail, postage prepaid, addressed to the applicant at
the address stated in the application. An appeal of a
denial by the Town Engineer may be taken to the Town
Board in the manner set forth in subsection 2.5.
If the Town Engineer approves the application, the Town
Engineer shall prepare a permit which shall include all
terms and conditions necessary to meet the requirements
of the Code. The Town Engineer shall transmit the permit
with all attachments and pertinent information to the
applicant, for signature. It is the responsibility of
the applicant to obtain the signature of the
permittee(s). The permittee(s) shall sign the permit if
the terms and conditions are acceptable and return the
entire permit to the Town at the noted address, together
with any required reimbursements to the Town. In
accepting the permit, the permittee agrees to all terms
and conditions of the permit. If the Town has not
received the signed copy and any outstanding
reimbursements, if any, from the applicant within
fourteen ( 14) days of the date of transmit ta1, the permit
shall be considered void. After receiving the signed
permit and any required reimbursements, if any, the. Town
Engineer shall mark the permit paid, sign the permit, and
return a copy to the applicant. The Town Engineer shall
provide a copy of the completed permit to the Town Board.
If the permit tee (s) do not agree to all the terms and
conditions of the permit, the permit shall be considered
denied. Each approved permit shall have a unique permit
number assigned by the Town.
7
6. When the Code requires the signature of the permittee(s)
or applicant, such signatures must be that of the
specific individual who is the permittee, or if a
corporation or partnership, the duly authorized officer
of the corporation or partnership. The name of the
corporation shall be included with the signature.
7. The issue date of the permit is the date the Town
Engineer signs the permit.
8. Denial of an application to alter, improve, relocate,
enlarge or modify an existing lawful access.shall in no
way impair the permit for or right to the existing access
for its historical use.
9. If in the determination of the Town Engineer, a certain
level of design or construction detail is not necessary
for approval of a permit but is necessary to ensure
proper design and construction, the. permit may require
that detailed design and/or construction plans and
related documents be submitted prior to access
construction rather than during the application review.
All such plans and related documents must receive the
written approval of the Town Engineer prior to proceeding
with any construction within the highway right-of-way. If
for any reason the Town Engineer and the permittee(s)
cannot resolve disagreements regarding the approval of
the final plans or other c_onditional requirements, the
permit shall be considered denied and the permittee given
60 days from receipt of notification to file an appeal
pursuant to subsection 2. 7. Such appeals shall be limited
to . the plans and related conditional items required
subsequent to the issuance of the permit. ·
10. The granting of an access permit conveys no rights, title
or interest in Town rights-of-way to the permit holder or
property served. A permit for direct access to a Town
street does not entitle the permit holder to control or
have any rights or interests in any portion of the
design, specifications or operation of the street,
including those portions of the street built pursuant to
the terms and conditions of the permit.
F. Subsection 2.5, Application for an Access Permit to the
State Highway When the State Department of Highways is the Issuing
Authority, deleted.
G. Subsection 2.6, Access Requests by Local Authorities, is
amended to read as follows:
2.6 Access Requests By Local Authorities
8
• ,'' I
1. Requests by appropriate local authorities for new access
or for the reconstruction of existing access to the
street system shall be administered by the Town as
provided in subsection 2. 4 or by written agreement
between the Town and the local authority. The local
authority shall be considered the applicant. Access to
subdivisions and other developments shall be processed in
the same manner as a private access and applied for
pursuant to subsection 2.4 until the access is
constructed, completed, and accepted as a public access
and public way by the appropriate local authority. ·
2. Where a private development accessing the roadway of an
appropriate local authority necessitates access
improvements where the local roadway connects to a Town
street, the permittee may either be the local
jurisdiction, the developer or a combination, at the
discretion of the local authority.
H. Section 2.7, Appeals, is amended to read as follows:
2.7 Appeals
1. Should the permittee or applicant object to the denial of
a permit application by the Town Engineer or object to
any of the terms or conditions of a permit placed there
by the Town Engineer, an appeal to the Town Board of
Trustees ("Board") must be filed in writing with the Town
Clerk within 30 days of transmittal of notice of denial
or transmittal of the permit for signature.
2. Applications for an appeal hearing shall be made on forms
designated by the Town, if any, and shall include a
concise statement of the decision being appealed, the
reasons for the appeal, the relief sought, including a
statement of any changes, revisions, or conditions that
would be acceptable to the permittee or applicant, and
copies of all non-testimonial evidence which the
applicant intends to rely on at the hearing.
3. Upon the receipt of a complete application for appeal, a
hearing shall be scheduled within thirty (30) days after
the filing of the complete application, unless the
applicant consents to a later date. Notice of the date
and time of the scheduled hearing shall be given to the
applicant. The applicant may request a postponement of
a hearing for the purpose of gathering additional
information or evidence to support the applicant's case
provided the request is made in writing to the Town Clerk
no later than fifteen (15) days prior to the date of the
originally scheduled hearing. An applicant may withdraw
9
an appeal application-at any time before the hearing on
the application is closed for Board deliberation.
4. At the appeal hearing, all witnesses shall be sworn. The
procedure at a hearing shall be.substantially as follows:
a. Mayor opens the hearing, announces the subject
matter of the hearing, and describes the procedure
for conducting the hearing.
b. Board member disclosure of site visits, ex parte
contacts, conflicts of interest.
c. Introduction of exhibits and appropriate documents
into the record including if applicable, the
application, staff reports, reference maps and
plans, and applicable Code sections by reference.
d. Town Engineer presentation of the staff position,
facts and recommendation, followed by questions.
e. Applicant's presentation, followed by questions.
f. Testimony from any expert witness the Board has
retained for that purpose.
g. Applicant's response.
h. Staff summary. ·
i. Beard questions of applicant or staff.
j. Beard discussion.
k. Close of public hearing.
1. Board action, as permitted by ordinance.
5. The Board shall not be required to observe formal rules
of evidence during hearings, but may consider any matter
which the Mayor concludes is reasonably reliable and
calculated to aid the Board in reaching an accurate
determination of the issue involved. Rulings on
questions of admissibility of evidence and exhibits will
be made by the Mayor and will stand unless objected to by
a member of the Board, in which event the question of
admissibility will be decided by a majority vote of the
members of the Board present. Exhibits shall be marked
and identified for the record for admission into the
record of the hearing.
6. The final disposition of any appeal shall be in the form
of a motion, either sustaining, reversing, or modifying
the order, decision, or determination which is the
subject of the appeal. Written notice of the Board's
decision, signed by the Mayor, shall be sent to the
Applicant within thirty (30) days after a hearing. The
decision of the Board shall be final on the date the
Notice of Decision is made and signed.
7. Whenever, in the opinion of the Board, a hearing cannot
be completed at a reasonable hour on the original hearing
date, or for good cause shown, the Board may continue the
hearing to a later date.
10
8. The Town Engineer may consider any objections and
requested revisions at the request of the applicant or
permittee. If agreement is reached, the Town Engineer may
revise the permit accordingly, or issue a new permit, or
require the applicant to submit a new application for
consideration. Changes in the original application,
proposed design or access use will normally require
submittal of a new application. Regardless of any such
communications, meetings, or negotiations with the Town
Engineer regarding revisions or objections to the permit
or a denial, if the permittee or applicant wishes to
appeal the Town Engineer's decision to the Town Board,
the appeal must be brought within 60 days of transmittal
of notice of denial or transmittal of the permit.
9. If the terms and conditions or denial of a permit is not
appealed, the Town may record the decision and related
documents with the County Clerk and Recorder.
I. Section 2.8, Variance Procedure, is amended to read as
follows:
2.8 Variance Procedure
1. If an applicant wishes to seek a variance from the
standards of this Code, a request, in the form prescribed
by the Town, must be submitted as an attachment or
addendum to a permit application form. The request for
variance shall state specific reasons why a variance is
appropriate and include documentation to support such
reasons. The request shall address the variance criteria
of this subsection. The request and supporting documents
should be submitted at the time of permit application.
Variances cannot be issued for procedural requirements.
A separate variance request may be necessary where
several variances are requested and where the variances
may be approved in whole or in part.
2. The applicant may supplement an application with a
variance request if the Town Engineer determines that
sufficient time remains in the review period to consider
the variance. If the Town determines that it is in the
public interest to do so, the Town Engineer may
supplement a permit application with a variance.
3. No variance shall be granted unless the applicant has
demonstrated to the Town Engineer or, on appeal to the
Town Board, that (a) absent approval of the variance
request, there is exceptional and undue hari:J.ship on the
applicant; (b) the variance would meet acceptable
engineering, operation and safety standards; (c) the
variance is reasonably necessary for the convenience and
11
' •,, '
,< '
welfare of the public; (d) the variance is not be
contrary to the public interest; (e) the variance would
not be inconsistent with the purposes of this Code as set
forth in subsection 1.2. All variances shall consider
the orderly development plan of Town.
4. The reasons for a grant or denial of a variance shall be
clearly stated and included in the Town files.
Restrictions on the use of the permit should be imposed
as necessary to keep potential safety problems to a
minimum. By the terms and conditions of the permit, the
permittee may be required to improve, modify, eliminate,
or correct the condition giving rise to the variance when
it becomes evident that the reason for the variance no
longer exists. If the variance and remainder of the
application meets Code criteria, a permit shall be
approved and the approved variance included in the permit
file.
5. If a variance is granted to allow access to an arterial
street where the access proposal cannot meet access Code
standards, or when the property would be without
reasonable access absent the variance, the access permit
may contain specific terms and conditions providing for
its expiration at such time as the necessity for the
variance no longer exists.
6. If the variance request is denied, the Town Engineer
shall continue to process the permit application in a
standard manner and may issue a permit if it can be
approved without a variance. ·
J. Sub-subsection 2.10.6, Use of Access (relating to
driveways), is deleted.
K. Sub-section 2 of Section 2 .11, Illegal Access to the
Highway, contains a penalty clause which states as follows:
2. When a permitted driveway or any access is constructed or
used in violation of this Code, permit terms and
conditions, or the Act, either the issuing authority or
the Department or both may obtain a court order enjoining
violation of the access Code, permit terms and
conditions, or the Act. Such access permits may be
revoked by the issuing authority if, at any time, the
permitted access and its use fail to meet the
requirements of the Act, the access Code, or the terms
and conditions of the permit.
L. Subsection 2 .13, Conformance of Subdivisions, is deleted.
c 12
. /'. .
M. Sub-subsection 4. 3. 2,
(relating to values) , is amended
"Fifth" and to strike "1982".
Reference
to strike
and Data Sources
"Third" and insert
12.06.050--Access Code--Reimbursement. The applicant for an
access permit shall be responsible for all costs of processing and
reviewing an access permit application, including costs of review
of an application or an appeal by engineers, other consultants and
legal counsel retained by the Town. Each application shall be
accompanied by a signed Cost Agreement for such purpose, in the
form provided by the Town and available from the Town Clerk. No
application shall be considered complete until a Cost Agreement has
been executed by the applicant and any amounts required thereunder
have been deposited with the Town.
Section 2. Any person who violates any provision of this
Ordinance shall be punished by a fine of not more than $999.00 or
by imprisonment not to exceed 1 year or both such fine and
imprisonment. Each day during any portion of which any violation
of any provision of this ordinance is committed, continued, or
permitted by any such person shall be a separate offense.
Section 3. If any portion of this ordinance is held to be
invalid for any reason, such decision shall not affect the validity
of the remaining portions of this ordinance. The Board of Trustees
hereby declares that it would have passed this ordinance and each
part hereof irrespective of the fact that any one part be declared
invalid.
Section ,4_ All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
conflict.
Section 5. The Board of Trustees herewith finds, determines,
and declares that this ordinance is necessary to the immediate
preservation of the public health and safety because of current,
immediate and future demands that are or will be placed upon Town
streets, and because of the current lack of adequate regulations to
address protection of, access to and from, and other matters
concerning Town streets. This ordinance shall be effective upon
adoption and approval by the Mayor.
INTRODUCED, READ, AND SET FOR PUBLIC HEARING this d'/.a' day of
-,~---i~~~',A,~=«~7-"-----' 1997. '
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this d~ :d day of --z214?t'-N , 1997.
13
< ,,~-~ , ' .. ., ., '
.£::i:,eterson
Town Clerk
032797 /1905 [sj 1] c; Fireston\Highway. ord
TOWN OF FIRESTONE, COLORADO
Mayor
14
ORDINANCE NO .• 1,£'7
SERIES 1997
AN ORDINANCE AMENDING SUBSECTION A OF SECTION 2. 44. 090 OF THE
FIRESTONE MUNICIPAL CODE TO INCREASE THE SALARY OF THE FIRESTONE
MUNICIPAL JUDGE.
WHEREAS, the·Board of Trustees of the Town of Firestone is
authorized by C.R.S. §13-10-107(1) to provide by ordinance for the
salary of the municipal judge; and
WHEREAS, the Town Board believes the municipal judge should be
compensated at the rate of $6,000 a year.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Subsection A of Section 2.44.090 of the
Firestone Municipal Code is hereby amended to read as follows
(words deleted are stricke·n through; words added are underlined) :
2.44.050 Salaries. A. EffectiveJanuaryl, 1997,_thesalary
of the municipal judge shall be an amount not to exceed $6,000.00
$4,500.09 per year, payable on a monthly basis at $500.00 $375.99
per month for each month of service, subject to any applicable
deductions ..
Section 2. The City Council herewith finds, determines,
and declares that this Ordinance is necessary for the preservation
of the public health and safety.
Section 3. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
conflict.
INTRODUCED, READ, ADOPTED, APPROVED,
FULL this ,(_1«-day of f ;;;:;;fl-&;;pL/
{ ___ ; ...
AND ORDERED PUBLISHED IN
, 1997.
Attest:
~✓ Trudy Peterson
Town Clerk
030397/SSS[sjl]c:Fireston\Judge.ord
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
. ~ ,,.o ORDINANCE NO. v...;,, d"
AN ORDINANCE AMENDING SECTION 17.16.070 OF THE FIRESTONE MUNICIPAL
CODE TO MODIFY THE SETBACK REQUIREMENTS FOR FREESTANDING GARAGES.
WHEREAS, the Board of Trustees of the Town of Firestone finds
it desirable to amend Section 17.16.070 of the Firestone Municipal
Code to reduce the rear yard setback for freestanding garages.
NOW, THEREFCRE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Subsection F of Section 17.16.070 of the Firestone
Municipal Code is hereby amended to read as follows (words to be
added are underlined; words to be deleted are stricken through):
F. Only one freestanding garage is permitted per lot or
dwelling unit and shall be subject to the same front and
side yard setback requirements as the main building. ~
freestanding garage shall be set back at least five feet
from the.rear property line. Freestanding garages shall
be of a similar color and architectural style, and
constructed of a similar material as the main building.
Section 2. If any portion of this ordinance is held to be
invalid for any reason, such decision shall not affect the validity
of the remaining portions of this ordinance. The Board of Trustees
hereby declares that it would have passed this ordinance and each
part hereof irrespective of the fact that any one part be declared
invalid.
Section 3. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
conflict.
FULL
IN~RODUCED, READ, AD(],R~D, APPROVED, AND ORDERED PUBLISHED IN
this /.Jdday of .· · .. ~ , 1997.
( -' :
Attest:
~
Town Clerk
030797/1622(sj1Jc:Fireston\Garage.ord
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
: 2546401 B-1604 P-377 05/05/1997 11 :53A PG 1 OF 2 REC DOC
)'/~ld_(;_()ui:i.t:_)I_CO_~· _ _JA Suki Tsukamoto_Cle~&.~ec~.i-der 11.00 ~-__ )
ORDINANCE NO. xr
AN ORDINANCE APPROVING AN ANNEXATION, KNOWN AS THE
FIRESTONE FIFTH ANNEXATION TO THE TOWN OF FIRESTONE,
COLORADO
WHEREAS, a petition for annexation of certain unincorporated
property, to be known as the Firestone Fifth Annexation, to be the
first of two parcels to be annexed in a series, and described in
Exhibit A attached hereto, has been filed with the Town Board of
the Town of Firestone; and
WHEREAS, pursuant to §31-12-108 to -110, the Town Board on
February 27, 1997, held a duly-noticed public hearing to consider
the proposed annexation; and
WHEREAS, notice of the hearing was published March 5, 12, 19
and 26, 1997, in the Farmer & Miner Newspaper; and
WHEREAS, the Town Board, by resolution, has determined that
the petition is in substantial compliance with the applicable laws
of the State of Colorado, that the area proposed to be annexed is
eligible for annexation, and further has determined that an
election is not required, and further found that no additional
terms and conditions are to be imposed upon said annexations except
any provided for in said petition.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The annexation to the Town of Firestone of the
property described in Exhibit A, attached hereto and incorporated
herein by this reference, and known as the Firestone Fifth
Annexation, is hereby approved and such property is made a part of
and annexed to the Town of Firestone.
Section 2. The annexation of said territory is subject to the
conditions provided for in the petition for annexation of said
property filed with the Town of Firestone.
INTRODUCED, READ,
PUBLISHED IN FULL this
PASSED ON FI4 RE!'l)ING,
/,?i 7<., day of ~
T. L. Peterson
Town Clerk
022697 /1838 [sj l] c: Fireston\CR22 (5th) . ::ird
TOWN OF FIRESTONE,
Rick Patterson
Mayor
AND ORDERED
, 1997.
COLORADO
! •
EXHIBIT A
FIRESTONE FIFTH ANNEXATION
LEGAL DESCRIPTION
A tract of land situate in Sections 7 and 18, T2N, R67W, and Section 12, T2N, R68W, all
of the 6th P.M., Weld County, Colorado. Being more particularly descnbed as follows:
Considering the South line ofthe SouthEast Quarter of said Section 7 as bearing
N 89°15'5S" Was determined by monuments found at the SouthEast comer and South
Quarter Comer of said Section 7, and with all bearings contained herein relative thereto.
Commencing at the South East Corner of said Section 7; thence N 89°15'55" W 30.00 feet
to a p:1int on the,West Right-of-Way line of County Road 15 said point being the TRUE
POINT OF BEGINNING; thence along said line S 00°10'34" W 30.00 feet to a point on
the South Right-of-Way line of County Road 22; thence along said line N 89°15'55" W
2591.91 feet; thence N 89°30'42" W 2335.43 feet to a point on the West line of the
North West Quarter of said Section 18; thence along said line N 00°1S'23" E 30.00 feet to
the SouthEast Comer of said Section 12; thence along the South line of said Section 12,
N 89°09'34" W 2662.71 feet to the South Quarter Corner of said Section 12; thence
N 89°09'28" W 2699.43 feet to the South West Corner of said Section 12; thence along
.the West line of the South West Quarter of said Section 12, N 00°05'29" W 30.00 feet to a·
point on the North Righ_t-of-Way line of County Road 22; thence along said line
S 89°09'28" E 2699.91 feet; thence S 89°09'34" E 2662.62 feet to.the East line of the
SouthEast Quarter of said Section 12; thence continuing along the North Right-of-Way
line of County Road 22, S 89°30'42" E 2335.59 feet; thence S 89°15'55" E 2591.45 feet
to a ;ioint on the West Right-of-Way line of County Road 15; thence along said line
S 00°10'34" W 30.00 feet to the TRUE POINT OF BEGINNING.
The above described tract contains 10:48 Acres±.
r--------------------~-------~
2546401 B-1604 P-377 05/05/1997 ll:53A PG 2 OF 2
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~~ ------------JA ~u_ki T§_u_k_~!_o Clerk & Recorder 11.00 --·----------~--
ORDINANCE NO. ,, lid
AN ORDINANCE APPROVING AN ANNEXATION, KNOWN AS THE
FIRESTONE SIXTH ANNEXATION TO THE TOWN OF FIRESTONE,
COLORADO
WHEREAS, a petition for annexation of certain unincorporated
property, to be known as the Firestone Sixth Annexation, to be the
second of two parcels to be annexed in a series, and described in
Exhibit A attached hereto, has been filed with the Town Board of
the Town of Firestone; and
WHEREAS, pursuant to §31-12-108 to -110, the Town Board on
February 27, 1997, held a duly-noticed public hearing to consider
the proposed annexation; and
WHEREAS, notice of the hearing was published March 5, 12, 19
and 26, 1997, in the Farmer & Miner Newspaper; and
WHEREAS, the Town Board, by resolution, has determined that
the petition is in substantial compliance with the applicable laws
of the State of Colorado, that the area proposed to be annexed is
eligible for annexation, and further has determined that an
election is not required, and further found that no additional
terms and conditions are to be imposed upon said annexations except
any provided for in said petition.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The annexation to the Town of Firestone of the
property described in Exhibit A, attached hereto and incorporated
herein by this reference, and known as the Firestone Sixth
Annexation, is hereby approved and such property is made a part of
and annexed to the Town of Firestone.
Section 2. The annexation of said territory is subject to the
conditions provided for in the petition for annexation of said
property filed with the Town of Firestone.
INTRODUCED, READ,
PUBLISHED IN FULL this
Attest:
T .. -'L .• · •P·eterson
Town Clerk
PASSED ON FI~T READING, AND ORDERED
/p#v day of -=~=->'..k✓-"'-""""cu"""------' 1997.
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
0226 97 /183 9 [sj 1) c: Fireston\CR22 (6th) . ord
. . , ...
9! 'd
EXHIBIT A
FIRESTONE SIXTH ANNEXATION
LEGAL DESCRIPTION
A tract of land situate in Sections 1 !, 13 and 14, T2N, R68W, all of the 6th P.M., Weld
County, Colorado. Being more particularly described as follows:
Considering the North line of the NorthEast Quarter of said Section 13 as bearing
N 89°09'34" \Vas determined by monuments found at the NorthEast Corner and North
Quart~r Comer of said Section 13, and with all bearings contained herein relative thereto.
BEGINNING at the North East Comer of said Section 13; thence S 00°15'23" W 30.00
feet to a point on the South Right-of-Way line of County Road 22; thence along said line
N 89°09'34" W 2663.02 feet; thence N 89°09'28" W 2699.32 feet to the West line of the
NorthWest Quarter of said Section 13; thence continuing along the South Right-of-Way
line of County Road 22, N 89°34'33" W 1308.88 feet; thence N 89°34'14" W 1309.02
feet; :hence N 89°39'06" W 1310.46 feet; thence N 89°38'55" W 1261.15 feet to a point
on the East Right-of-Way line ofl-25; thence along said line N 01°34'05" E 60.01 feet to
a point on the North Right-of-Way line of County Road 22; thence along said line
S 89°38'55" E 1259.88 feet; thence S 89°39'06" E 13 l0.5 ! feet; thence S 89°34'14" E
1309.05 feet; thence S 89°34'33" E 1308.70 feet to a point on the East line of the
SouthEast Quarter of said Section 11; thence along said line S 00°08'07" E 30.00 feet to
the NorthWest Corner of said Section 13; thence along the North line of said Section 13,
S 89°09'28" E 2699.43 feet to the North Quarter Comer of said Section 13; thence
S 89°09'34" E2662. 71 feet to the BEGINNING.
The above described tract contains 10.84 Acres±.
2546404 B-1604 P-380 05/05/1997 ll:56A PG 2 OF 2
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ORDINANCE NO. 1..,'1~/
AN ORDINANCE AMENDING SECTION 12.32.050 OF THE FIRESTONE MUNICIPAL
CODE TO PROHIBIT THE USE OF ALL MOTORIZED VEHICLES UPON TOWN TRAILS
UNLESS THE PROPERTY IS POSTED SPECIFICALLY FOR SUCH USE.
WHEREAS, the Town of Firestone has recently purchased a twelve
and one-half mile stretch of the abandoned Dent Branch railroad
right-cf-way; and
WHEREAS, the Board of Trustees of the Town of Firestone
desireE to amend Section 12. 32. 050 to clarify that motorized
vehicles are prohibited on the railroad right-of-way trail, and on
all otter Town trails, unless the property is posted specifically
for such use.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Section 12.32.050 of the Firestone Municipal Code
is hereby retitled and amended to read as follows (words to be
added are underli~ed; words to be deleted are stricken through):
12.32.050. Automobiles and Other Motorized Vehicles.
!i.,_ It shall be unlawful to drive or park any automobile
except on a designated street, driveway or parking lot in any
park or to park or leave any such vehicle in any place other
L1an a location specifically designated eotablioaea for public
parking.
B. It shall be unlawful for any person to operate, drive
or ride upon any motorcycle, snowmobile, automobile or other
m~torized vehicle on any trail property owned by the Town,
which property specifically includes all abandoned railroad
bed owned by the Town, except when the property is posted
specifically for such use.
Section 2. Any person who violates any prov1.s1.on of this
Ordinance shall be punished by a fine of not more than $999.00 or
by imprisonment not to exceed 1 year or both such fine and
imprisonment. Each day during any portion of which any violation
of any provision of this ordinance is committed, continued, or
permitted by any such person shall be a separate offense.
Section 3. If any portion of this ordinance is held to be
invalid for any reason, such decision shall not affect the validity
of the remaining portions of this ordinance. The Board of Trustees
hereby declares that it would have passed this ordinance and each
part hereof irrespective of the fact that any one part be declared
inval:'..d.
1
Seotion 4. All other ordinances or portions thereof
inconsisten·t or conflicting. with this ordinance or any portion
hereof 3.re hereby repealed to the extent of .such.inconsistency or
conflict.
INTRODUCED, READ,
FULL this J#iG"day of
Attest:
T. L. Peterson
Town Clerk
033197 /1621 (sj 11 c: Fireston\Trails: ord
ADOPTED, APPROVED, AND ORDERED PUBLISHED IN 01:,_,.,U ' , 1997.
2
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
\
\
' -<-j()-;;l i
'--~ -------
,----. ---------
'
I 2546402 B-1604 P-378 05/05/1997 11 :55A PG 1 OF 2 REC DOC
J,el_ct_Co_unty~CO JA Suki Tsukamoto_ C_lerk &_Rec_cJ_rder 1 LOO _ ~
ORDINANCE NO. St-?,,,.,
AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE
AND KNOWN AS THE FIRESTONE FIFTH ANNEXATION AND THE FIRESTONE
SIXTH ANNEXATION TO THE TOWN OF FIRESTONE.
WHEREAS, a petition for annexation of certain property,
described in Exhibit A attached hereto and made a part hereof, and
known as the Firestone Fifth Annexation and Firestone Sixth
Annexation to the Town of Firestone, was filed with the Board of
Trustees of the Town of Firestone; and
WHEREAS, said property was annexed to the Town by Ordinance
Number 359 and Ordinance Number 360; and
WHEREAS, the Board of Trustees must provide for the zoning of
said property; and
WHEREAS, the Board of Trustees provided notice of the public
hearing on said zoning by publication as provided by law; and
WHEREAS, no protests were received by the Town pursuant to
C.R.S. 31-23-305; and
WHEREAS, the landowners of said property requested an R-1
(single family residential) zoning classification for the property;
and
WHEREAS,
classification
encompassed by
an R-1 (single
is consistent with
the property; and
family residential) zoning
the Town's plan for the area
WHEREAS, the Firestone Planning Commission has held a public
hearing on the landowners' zoning request and has forwarded its
recommendation to the Board of Trustees, and the Board of Trustees
has duly considered the Commission's recommendation; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. That certain property known as Firestone Fifth
Annexation and Firestone Sixth Annexation to the Town of Firestone,
the legal descriptions of which are set forth in Exhibit A attached
hereto and made a part hereof, are hereby zoned R-1 (single family
residential) pursuant to the zoning ordinances and development
regulations of the Town, and the Town zoning map shall be amended
accordingly.
,
INTRODUCED, READ, · A?-9f_ rEI!, APPROVED, AND ORDERED PUBLISHED IN
FULL this ,.2//~day of, ~-«/2 , 1997.
ATTEST:
-~
T.L. Peterson
Town Clerk
2546402 B-1604 P-378 05/05/1997 ll:55A PG 2
'IOWN OF FI RESTO NE, COLORADO
Rick-Patterson
Mayor
OF 2
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ORDINANCE NO. ._J/, ~
AN ORDINANCE CONCERNING THE LICENSING OF
REFUSE HAULERS
BE IT C•RDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO:
. section 1. Title 5 of the Firestone Municipal Code,
Business Taxes, Licenses and Regulations, is amended by the
addition of the following new Chapter 5.36, to read:
Sections:
5.36.010
5 .. 36.020
5.36.030
5.36.040
5.36.050
5.36.060
5.36.070
5.36.080
5.36.090
Chapter 5.36
REFUSE HAULERS
License required.
Definitions.
Application for license; bond.
Refusal to issue or renew license.
Disposal only at approved sites.
Damage prohibited.
Vehicle requirements.
Violations.
Regulations.
5.36.010 License required. No person shall act as a refuse
hauler without first applying for and obtaining a license from the
town clerk as required by this chapter, and paying the annual
license fee and the bond required by this chapter.
5.36.020 Definitions. As used in this chapter, the following
definitions shall apply:
A. "Refuse" means and includes ashes, trash, waste, rubbish,
garbage or other discarded material, and shall be deemed to include
but not be limited to leaves, grass, limbs, weeds, trimmings, cans,
bottles, rags, paper, boxes and any other matter ordinarily
discarded in or about dwelling houses, commercial establishments or
industrial sites.
A. "Refuse hauler" means any person who collects or hauls,
or causes to be collected or hauled, any refuse over any street,
alley or other public place in the town, except any person removing
refuse from his or her own property with his or her own vehicle.
1
. ,,
' '
5.36.030 Application for license; bond.
for a refuse hauler's license shall be made
furnished by the town.
A. Application
annually on forms
B. The completed application shall be accompanied by payment
of an annual license fee in the amount of Fifty Dollars ($50.00)
and a faithful performance bond in the amount of Twenty-Five
Thousand Dollars ($25,000). The bond shall be conditioned on the
performance by the licensee and the licensee's officers, employees,
and agents of all activities associated with refuse hauling in
compliance with the ordinances, resolutions, rules and regulations
of the town and in compliance with other applicable laws. The bond
shall be in a form approved by the town clerk.
C. In lieu of a bond, the town clerk may accept a cash
deposit in the amount of Five Thousand Dollars ( $5, ooo) . The
deposit shall guarantee the performance by the licensee and the
licensee's officers, employees, and agents of all activities
associated with refuse hauling in compliance with the ordinances,
resolutions, rules and regulations of the town and in compliance
with other applicable laws and, in the event of any failure to so
perform, the town clerk may draw against the deposit an amount
sufficient to compensate the town or any other person injured by
such failure.
D. No license fee shall be required to be paid by, and no
bond or cash deposit shall be required for, any refuse hauler who
provides refuse hauling services under contract to the town, if the
contract for such services contains an indemnification provision
running in favor of the town, and such provision protects and holds
the town harmless from liability for bodily injury or property
damage occasioned by the hauler.
5.36.040 Refusal to issue or renew license. A. In addition
to any·other applicable grounds, the town clerk may refuse to issue
or renew a license, if the clerk determines that:
( 1) Any vehicle or other equipment of the applicant or
licensee fails to comply with the requirements of the ordinances,
resolutions, rules or regulations of the town or with other
applicable laws, or is unsafe or unsanitary, or otherwise
constitutes a hazard to the public health, safety or welfare;
(2) The applicant or licensee has failed to transport refuse
to or deposit refuse at approved sites for the disposal of refuse;
or
(3) The applicant or licensee has permitted any person to
operate a vehicle for refuse hauling purposes if such person does
not hold a valid driver's license for such vehicle.
(4) The applicant or licensee has otherwise failed to comply
with any ordinances, resolutions, rules1 or regulations of the town,
or with other applicable laws. '
5.36.050 Disposal only at approved sites. No. person shall
deposit any refuse at any location in the town except an approved
site for the disposal of refuse.
5. 3 6. 060 Damage prohibited. No person shall operate any
refuse hauling vehicle in a manner that causes damage, other than
ordinary wear and tear, to any town street, alley, or curb, or in
a manner that causes damage to any public or private property.
5.36.070 Vehicle requirements. No vehicle shall be used for
refuse hauling unless it meets the following requirements:
(1) It has a permanent cover of canvas or equally suitable or
superior material designed to cover the entire open area of the
body of the vehicle;.
(2) It has a body so constructed as to be permanently
leakproof as to all refuse being hauled; and
(3) Its extensions of sideboards and its tailgate, if any,
are constructed of permanent materials.
5.36.080 Violations. No person shall fail to comply with
any provision of this chapter, or with any condition imposed in
connection with the issuance or renewal of a license pursuant to
this title.
5.36.090 Regulations. The board of trustees may adopt, by
resolution, such rules and regulations as it determines necessary
or desirable to carry out the provisions of this chapter.
section 2. This ordinance shall take effect on 4c -;-:;;7,
and shall apply to all persons acting as refuse haulers in the Town
on and after said date.
INTRODUCED, READ,
FULL this ~day of
+Zb APPROVED, AND ORDERED PUBLISHED IN
, 1997.
TOWN OF FIRESTONE, COLORADO
Ri~-.
Mayor
3
Attest:
~·
Trudy Peterson
Town.Clerk
042397 /1608>:tat] d: fires tone\ trash\refuseha. ord
I_
4
ORDINANCE NO. 367
AN ORDINANCE AMENDING TITLE 16 OF THE FIRESTONE MUNICIPAL CODE,
CONCERNING SUBDIVISIONS, AND TITLE 17 OF THE FIRESTONE MUNICIPAL
CODE, CONCERNING ZONING, BY THE ADDITION OF NEW SECTIONS REQUIRING
FAIR CONTRIBUTIONS FOR PUBLIC SCHOOL SITES.
WHEREAS, the Town of Firestone and the St. vrain Valley School
District RE-lJ have entered into an Intergovernmental Agreement
Concerning Fair Contributions for Public School Sites; and
WHEREAS, growth in residential land development and the
construction of new residential dwellings in the Town necessitates
the acquisition of additional school sites to accommodate the
corresponding increase in school population; and
WHEREAS, requiring land dedication or conveyance for public
school sites or payments in lieu of land dedication or conveyance
for public school sites, herein referred to as "Fair Contributions
for Public School Sites", will provide a portion of the land to
meet such demand; and
WHEREAS, to provide adequate public school sites to serve the
Town residents of newly constructed residential dwelling units, it
is appropriate that the School District and the Town cooperate in
the area of public school site acquisition by the use of Fair
Contributions for Public School Sites; and
WHEREAS, requiring Fair Contributions for Public School Sites
implements the goals and policies of the Town to make provision for
public improvements in a manner appropriate for a modern,
efficiently functioning Town and to ensure that new development
does not negatively impact the provisions of municipal services;
and
WHEREAS, it is a reasonable exercise of the power of local
self-government to require Fair Contributions for Public School
Sites as a method of ensuring that new residential construction and
res\dential development bear a proportionate share of the cost of
public school site acquisition necessary to accommodate the
education service capacity demands of the residents who will be
living in the new dwelling units; and
WHEREAS, requiring Fair Contributions for Public School Sites
for new residential construction and development is reasonable and
necessary to protect, enhance and preserve the public health,
safety and welfare of the Town's citizens; and
WHEREAS, the Town and the Scllool District, upon consideration
of the impacts of new residential construction and residential land
development on the ability of the School District to provide public
schools in and for the Town, have agreed that it is in the best
1
interests of the citizens of the Town to mutually enter into an
intergovernmental agreement for the purpose of providing Fair
Contributions for Public School Sites.
NOW, THEREFORE, · BE IT ORDAINED BY THE BOARD, OF TRUSTEES OF THE
TOWN OF FIRESTONE; COLORADO: ~ . -J
Section 1. Chapter 16 of the Firestone Muni_cipal Code is
hereby amended by the addition of a new-Section 16.04.060, to read
as follows:
16.04.060 Fair Contribution for Public School Sites.
· A .. F6r'all subdivisions of land, the subdivider shall
dedicate land for a public school site to the St. Vrain Valley
School District RE-lJ ("School District") , or in the event the
dedication of land is not deemed feasible or in the best
interest of the School District, as determined by the
Superintendent or designee of the School District, the
subdivider shall make a payment in lieu of land dedication.
The amount of such contribution of either land or payment in
lieu of land (the "Fair Contribution for Public School Sites")
shall be determined pursuant to the tables set forth in
subsection 16.04.060.E.
B. The following uses shall be excepted from the Fair
Contribution for Public School Sites requirements:
1. Construction of any nonresidential building or
structure;
2. Alteration, replacement, or expansion of any
legally existing building or structure with a comparable
new building or structure which does not increase the
number of residential dwelling units;
3. Construction of any building or structure for a
limited term stay or for long-term assisted living,
including but not limited to bed and breakfast
establishments, boarding or rooming houses, family-care
homes, group-care homes, halfway houses, hotels, motels,
nursing homes, or hospices; and
4. Construction of any residential building or
structure classified as housing for older persons,
pursuant to the Federal Fair Housing Act, as amended.
C. In the event the Fair Contribution for Public School
Sites includes the dedication of land, the subdivider shall
provide to the Town, prior to recording of the final plat,
proof that such dedication has been made to the School
District in accordance with the following requirements:
1 . The subdivider has conveyed to the School
District by general warranty deed title to th_e land
slated for dedication, which title is free and clear of
all liens, encumbrances, and exceptions (except those
approved in writing by the School District), including
without limitation, real property taxes, which will be
prorated to the date of conveyance or dedication;. and
2
2. At the time of conveyance, the subdivider has
provided a title insurance commitment and policy in an
amount equal to the fair market value of the dedicated
property; and
3. Arrangements have been made such that at the
appropriate time, and not later than the issuance of the
first building permit for the subdivision, the subdivider
shall pay or provide for the payment of one-half of
street development costs, and shall either provide or pay
or make provision for payment of the costs associated
with making improvements for water, sewer, and utilities
stubbed to the dedicated land, and for overlot grading of
the dedicated land. .
D. If the Fair Contribution for Public School Sites
iLcludes payment in lieu of dedication of land, then prior to
tJ-_e issuance of any building permit for any residential
d~elling unit in the subdivision not otherwise exempt under
Section 16.04.060.B, the Town shall be provided with proof
that, for the lot for which the permit is sought, the required
payment in lieu of dedication of land has been made to the
School District.
E. The following Tables E .1 through E. 5, containing
School Planning Standards and Calculations of In Lieu Fees,
shall be used to determine the Fair Contribution for Public
School Sites required for the various occupancies addressed in
such tables:
[See Attached Exhibit A for Tables E.l through E.5]
Section 2. Section 17.04.020 of the Firestone Municipal Code
is hereby amended by the addition new Subsection E, to read as
follows:
17.04.020 General applications.
E. Any person required to obtain a building permit
under Chapter 15. 04 for any residential dwelling unit not
otherwise exempt under Section 16.04.060.B shall be required
to make a Fair Contribution for Public School Sites is
accordance with the provisions of Section 16. 04. 060. Prior to
the issuance of such building permit, the Town shall be
provided with proof that, for the lot for which the permit is
sought, the required Fair Contribution for Public School Sites
has been made to the School District.
Section 3. Section 17.08.350 of the Firestone Municipal Code
is hereby amended to read as follows (words added are underlined;
words deleted are stricken through) :
17. 08. 350 Person. The word "person" means any
individual. corporation. government or governmental
subdivision or agency. business trust. estate. trust.
3
limited liability company. partnership. association or
other legal entity. shall also iaelttae asseeiatciei'l, ¥il'ffl.,
ee partnership, er eerperatiea.
. ' ' -
Section 4. If any portion.of this ordinance.is held to be
invalid for any reason, such decision shall not affect the validity
of the remaining portions of this ordinance. The Board 9f Trustees
hereby declares that it would have passed this ordinance and each
part hereof irrespective of the fact that ·any·'one part be declared
invalid.
Section 5. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
conflict.
FULL
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
this 'J~ day of ~~~·="o/~--~-----' 1997.
Attest:
;g~
T..Peterson
Town Clerk
050597/1640[ajl]c:Fireston\Sch:>ol.ord
4
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
Exhibit A
0..
Sinnle Familv
I
Number Prolected
Of Student
Units Yield
Elementarv 100 0.35
35
Middle Level 100 0.14
14
HiahSchool 100 0.17
17
Total 66
Sinale FamUv Studenl Yield Is .66
April 28, 1997
n1annlnn
SChoDI Planning
Slandards And
Calculation of
In Lieu Fees
TABLE E.l
·ards
Student Site Size
Facllitv Standard
Acres of
Land
Standard Acres Contribution
525 10 0.67
750 25 0.47
1200 40 0.57
1.70 --·------~~--
TOWN OF RRESTONE
Develo-,i
Land casti-ln-,lieu
Value contribution
$25,100
$25,100
$25 100
$25,100 $42,670
$427
Per Unit
,._
-n
J)
D
"
Exhibit A
Multi-Family
School Planning
Standards And
Calculation of
In Lieu Fees
TABLE E.3
-I Pia" .. ,.,ft c:""'nd~ .....
. Number Proiected Student Site Size Acres of
Of Student Facilitv Standan:I Land
Units Yield Standard Acres Contribution
Elementarv 100 0.15 "525 10 0.29
15
Middle Level 100 0.08 750 25 0.27
8
.
High School 100 0.02 1200 40 0.07
2
Total 25 0.62
.
Multl-F amily Sludent Yield is .25
April 28, 1 997
TOWN OF ARESTONE
Developed
Land cash-in-lieu
Value Contribution
$25,100
$25,100
$25,100
$25,100 $15,538
$155
Per Unit
en
_j
0
~
[h
0)
IS)
UJ
IS)
6: ,:
Exhibit A
I
Condo/Townhouse
School Planning
Standards And
Calculation of
lnlleu Fees
TABLE E.4
. Plannlnn St"'n"ar,..,
Number Prolected Student Site Size Acres of
or Student Facilltv Standard Land
Units Yield Standard Acres Contribution
Elementarv 100 0.13 525 10 0.25
13
Middle Level 100 0.11 750 25 0.37
1 1
High School 100 0.05 1200 40 0.17
5
Total 29 0_75
.
Condotrownhouse Student Yield is .29
. .
April 28, 1997
Develoned
Land
Value
$25,100
$25,100
$25,100
$25, 1 OD
-· -
TOWN OF ARESTONE
cash-In-Heu
Contribution
-·
$19,602
$196
Per Unit
.
• •
CD ,....
U) g
i5
U)
z:
~
~ >
f-
(J)
>: a ro ,....
Exhibit A
Mobile Home
Srh""I Pl
Number Proiected
01 Student
Units Yield
Elementarv 100 0.26
26
Middle Level 100 0.07
7
Hitih School 100 0.09
9
Total 42
Mobile Home Student Y-ield is .42
April 28, 1997
School Planning
Standards And
ca1culalion of
In lieu Fees
TABLE E.5
-
nninn st, ••fords
Student Site Size
Facllltv Standard
Acres of
Land
Standard Acres Contribution
525 10 0.50
.
750 25 0.23
1200 40 0.30
1.03
TOWN OF FIRESTONE ..
Develormd
Lancl cash-in-lieu
Value Contribution
$25,100
$25,100
$25,100
$25,100 $25,817
$258
Per Unit
Cl
j)
~
I
_}
j)
r,
g
-.
i;
·Exhibit A
•a
DuDlexJTrlolex .
i:,:,.hDOI p
Number Proiected
Of Student
Units Yield
Elementaru 100 0.37
37
Middle Level 100 0.11
11
'
.
Hinh Schoof 100 0.08
8
Total 56 .
Duplex/Triolex Student Yield is .56
.
April 28, 1997
School Planning
Standards And
calc:ulatlon or
In Lieu Fees
TABLE E.2
nnlnr1 s
Student Site Size
Facilitv Standard
Acres of
Land
Standard Acres Contribution
525 10 0.70
750 25 0.37
1200 · 40 0.27
1.34
. TOWN OF ARESTONE
Develoned
Land cash-in-lieu
Value Contribution
$25,100
$25,100
$25,100
$25,100 $33,586
$336
Per Unit
.
i~
t' O.,!l .
ORDINANCE NO. 368
AN ORDINANCE REZONING CERTAIN PROPERTY WITHIN THE TOWN OF
FIRESTONE.
WHEREAS, an application for rezoning of certain property,
described in Exhibit A hereto and made a part hereof, has been
filed with the Board of Trustees of the Town of, Firestone; and
WHEREAS, in the application it was requested that the property
be rezoned from R-1, Low Density Residential (R-1), to Planned Unit
Development Residential-C (PUD R-C) and Planned Unit Development
Neighborhood Center (PUD NC); and
WHEREAS, the landowners of the property have submitted an
Outline Developmen~ Plan in connection with the rezoning request;
and
WHEREAS, the Firestone Planning Commission has held a public
hearing on the rezoning request and has forwarded its
recommendation to the Board of Trustees, and the Board of Trustees
has duly considered the Commission's recommendation; and
WHEREAS, the Board of Trustees has held a public hearing on
the proposed rezoning and has provided notice of the public hearing
by publication as provided by law; and
WHEREAS, no protests were received by the Town pursuant to
C.R.S. §31-23-305; and
WHEREAS, a rezoning from R-1, Low Density Residential (R-1),
to Planned Unit Development Residential-C (PUD R-C) and Planned
Unit Development Neighborhood center (PUD NC) is consistent with
the Town's plan for the area encompassed by the property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. That certain property, the legal description of
which is set forth in Exhibit A, attached hereto and made a part
hereof, is hereby rezoned from R-1, Low Density Residential (R-1),
to Planned unit Development Residential-C (PUD R-C) and Planned
Unit Development Neighborhood Center (PUD NC), pursuant to the
zoning ordinances and development regulations of the Town, and in
accordance with the Outline Development Plan approved by the Board
of Trustees and on file with the Town, and the Town zoning map
shall be amended accordingly.
FULL
INTRODUCED, READ, ~OPTED, APPROVED, AND ORDERED PUBLISHED IN
this £Z!! day of ,-,0.<..<.//~Ata.;~;..<'--------' 1997.
t7
1
ATTEST:
Town Clerk·
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
..
, ~GAL DESCRIPTION ' .
If 1RAGT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 19, T2N,
R67W OF THE 6TH P.M., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: .
BEGINNING AT A POINT ON 11-iE SOUTH LINE OF SECTION 19, WHENCE THE SOUTH
QUARTER BEARS SOUTH 89'40'59" WEST, 927.28 FEET; THENCE ALONG 11-iE
EASTERL y LINE OF THE ZADEL RANCH, WESTWIND VILLAGE SUBDIVISION NORTH oo·
19'01" WEST, 421.00 FEET; 11-iENCE NORTH 33" oo'oo· WEST, 252.84 FEET TO A
POINT ON 11-iE EASTERLY RIGHT-OF-WAY LINE OF THE SOUTH PLATTE SUPPLY
CANAL; THENCE ALONG SAID EASTERLY R.O.W. THE FOLLOWING (4) COURSES,
NORTH 59"34'08" EAST, 23.94 FEET; THENCE NORTH 17'14'09" EAST, 241.81 FEET;
11-iENCE NORTH 49"05'09" EAST, 525.90 FEET; THENCE NORTH 73' 39'09" EAST,
317.10 FEET: THENCE LEAVING SAID EASTERLY R.O. w. LINE NORTH 88'00'00"
EAST, 179.90 FEET; THENCE SOUTH 02· oo'oo· EAST, 708.21 FEET; THENCE soun; 43'00'00" EAST, 753.00 FEET; THENCE SOUTH 0010·01· EAST, 50.00 FEET
· TO A POINT ON THE soun; LINE OF SECTION 19; THENCE SOUTH 89"40'59"
WEST, 1372.18 FEET TO THE POINT OF BEGINNING, CONTAINING 28.049 ACRES,
MORE OR LESS ..
LEGAL DESCRIPTION NC ZONING
A 1RACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 19, T2N,
R67W OF THE 6TH P.M., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: .
BEGINNING AT A POINT ON THE SOUTH LINE OF SECTION 19, WHENCE THE SOUTH
QUARTER BEARS SOUTH 89"40'59" WEST, 1097.28 FEET; THENCE NORTH 0019'01"
WEST, 465.04 FEET; THENCE NORTH 89'40'59", EAST, 552.07 FEET;
THENCE ALONG A NON-TANGENT CURVE TO THE
RIGHT 142.92 FEET, SAID CURVE HAVING A RADIUS OF 250.00 FEET, A DELTA OF
32'45'18" AND A CHORD THAT BEARS SOUTH 16'41'40" EAST, 140.98 FEET;
11-iENCE SOUTH 0019'01" EAST, 329.78 FEET TO A POINT ON THE SOUTH LINE OF
SAID SECTION 19; THENCE SOUTH 89"40'59" WEST ALONG. SAID SOUTH LINE,
591.82 FEET TO THE POINT 0"' BEGINNING, CONTAINING 6.28 ACRES, MORE OR
LESS. .
. LEGAL DESCRIPTION RC ZONING
A 1RACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 19, T2N,
R67W OF THE 6TH P.M., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SECTION 19, WHENCE THE SOUTH
QUARTER BEARS SOUTH 89'40'59" WEST, 1689.10 FEET; THENCE NORTH 0019°01"
WEST, 329.78 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT 142.92
FEET, SAID CURVE HAVING A RADIUS OF 250.00 FEET, A DELTA OF 32"45"18" AND
A CHORD THAT BEARS NORW 16"41'40" WEST, 140.98 FEET; THENCE NORTH 33"
37'13" WEST, 4.79 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT 75.07
FEET, SAID CURVE HAVING A RADIUS OF 350.00 FEET, A DELTA OF 1217'21" AND
A CHORD THAT BEARS NORTI-: 28"01'27" WEST, 74.93 FEET; THENCE NORTH 68'
38'36" EAST, 189.88 FEET; THENCE SOUTH 43"00'00" EAST, 753.00 FEET;
THENCE SOUTH 00i0'01" EAST, 50.00 FEET TO A POINT ON THE SOUTH LINE OF.
SAID SECTION 19; THENCE SOUTH 89"40'59" WEST ALONG SAID SOUTH LINE,
610.36 FEET TO THE POINT OF BEGINNING, CONTAINING 5.33 ACRES, MORE OR
LESS.
· EXHIBIT A
I. Parcel Rezoned from R-1, Low Density Residential (R-1),
to Planned unit Development Residential-C (PTJD R-C):
[Insert Legal.Description]
II. Parcel Rezoned from R-1; Low Density Residential (R-1),
to·Planned unit Development Neighborhood Center (PTJD NC)':
[Insert Legal Description]
061297 (1044 [sj l] c: Fi"reston \NUrsery. ord
_/
3
ORDINANCE NO. $ i, f'
AN ORDINANCE ABOLISHING THE EXISTING FIRESTONE BOARD OF ADJUSTMENT,
TRANSFERRING ITS POWERS, DUTIES AND RESPONSIBILITIES TO THE
FIRESTONE PLANNING AND ZONING COMMISSION, AND MAKING CERTAIN
AMENDMENTS TO THE FIRESTONE MUNICIPAL CODE IN CONNECTION THEREWITH.
WHEREAS, the Board of Trustees of the Town of Firestone finds
that the efficient administration of the Town of Firestone land use
ordinances and regulations would be enhanced by transferring the
duties and responsibilities of the Board of Adjustment to the
Planning and zoning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
section 1. The Board of Adjustment, as established by Section
2.40.010 of the Firestone Municipal Code, is hereby abolished, and
the powers, duties and responsibilities of such Board of Adjustment
are hereby transferred to the Town of Firestone Planning and zoning
Commission consistent with the provisions of this ordinance.
Section 2. Section 2.40.010 of the Firestone Municipal Code
is hereby amended to read as follows (words to be added are
underlined; words to be deleted are stricken through}:
2.40.010 Created--VariaHees Planning and Zoning
Commission to Act. There .i.Q shall ee created in the Town
a Board of Adjustment pursuant to the appropriate laws of
the state. The Board shall have and exercise the powers.
duties and responsibilities set forth in Chapter 17.46 of
the Firestone Municipal Code. The Town of Firestone
Planning and zoning Commission shall act as the Board of
Adjustment whenever such a Board is reQJ.lired by this
Code. other ordinances or regulations of the City. or
State or Federal law. '!'lie eeara shall revie" aHEi aeeiae
etJ?pE?_als, at tfle reqttest ·ef any iH:tc:rcsted pcrsoa, .0£ aay
o:r=der, l:CeJtiiremeat o:i:= iateFpFctatiea made by a teun
official regarding pcr-mitted ttses of land, and further,
hear ~nd dceidc to grant er deny ~plieationa fer
variances fFem teua lane ttae :i:=egttirements, aaEi fttrthcr,
decide ~ueh ether mat:tc:i:=s as the towR Board may prerJide
19y. OI'difi~nCe .
Section 3. Section 2.56.030 of the Firestone Municipal Code
is hereby amended to read as follows (words to be added are
underlined; words to be deleted are stricken through}:
2.56.030
planning
residents
Qualifications of members. All members of the
and zoning commission shall be bona fide
of the Town and if any member ceases to reside
1
in the Town, his or her membership shall immediately
terminate. All members of the commission shall serve as
such without compensation, and the appointed members
shall hold no other municipal office, except that such
members shall serve as members of the that eae suell.
~~oiated mefflfJer may Be a mefflfJer of tfle zoaing Board of
Adjustment when the commission is acting as such Board.
Section 4. Title 17 of the Firestone Municipal Code is
amended by the addition of a new Chapter 17.46, to read as follows:
Chapter 17.46
BOARD OF ADJUSTMENT
sections:
17.46.010 Planning and Zoning Commission to Act.
17.46.020 Rules of Procedure.
17.46.030 Powers.
17.46.040 Appeals.
12.46.050 Variances.
12.46.060 Voting Requirements.
12.06.070 Judicial Review.
17. 46. 010 Planning and zoning Commission to Act. The
Planning and Zoning Commission shall act as the Board of Adjustment
whenever such a Board is required by this Code, other ordinances or
regulations of the City, or State or Federal law.
17.46.020 Rules of Procedure. The Town Planning and Zoning
Commission shall adopt such rules as may be necessary for the
conduct of its business when acting as the Board of Adjustment.
Matters coming before the Board of Adjustment may be considered on
the same date as any regular, special or adjourned meeting of the
Planning and Zoning Commission.
17.46.030 Powers. When acting as the Board of Adjustment,
the Planning and Zoning Commission shall have the power to:
A. Hear and decide appeals where it is alleged by the
appellant that there is an error in any order, requirement,
decision or determination made by a Town administrative official
and based on or made in the enforcement of this Title;
B. Hear and decide to grant or deny applications for
variances from the provision of this Title and applications for
variances on individual lots from the provisions of an approved
planned unit development plan, except that the Board of Adjustment
shall have no authority to grant use variances;
C. Hear and decide such other matters as the Town Board may
provide by ordinance.
17. 46. 040 Appeals. An appeal may be taken by any party in
interest who is aggrieved by an order, requirement, decision or
2
determination made by a Town administrative official and based on
or made in the enforcement of this Title. An appeal must be made
by filing a written notice of appeal within thirty (30) days of the
date of the order, requirement, decision or determination being
appealed. The appeal shall be taken and heard in the form and
manner prescribed by the rules of procedure of the Board of
Adjustment as may be in effect from time to time. Appellants shall
be advised as to the existence of such rules of procedure, and a
copy thereof shall be made available to such appellants. The
appeal shall be accompanied by a fee, payable to the Town, in an
amount as set forth in the Firestone Development Regulations.
17. 46. 040 Variances. A. The Board of Adjustment has the
power to vary or modify the provisions of this Title, and to grant
or deny applications for variances on individual lots from the
provisions of an approved planned unit development plan, except
that the Board shall have no authority to grant use variances.
Further, the Board may grant a variance only if it finds that all
of the following conditions are present:
1. There are unique physical circumstances or conditions
peculiar to the affected property, such as exceptional
topography or irregularity, narrowness or shallowness of lot;
2. The unique physical circumstances or conditions do not
exist throughout the neighborhood or district in which the
property is located;
3. The unique physical circumstances or conditions, or any
other hardship complained of, have not been created by the
applicant;
4. Because of the unique physical circumstances or
conditions, the property cannot be reasonably developed in
conformity with the provisions of this Title;
s. The variance, if granted, will not alter the essential
character of the neighborhood or district in which the
property is located, or substantially or permanently impair
the appropriate use of adjacent conforming property;
6. The variance, if granted, is the minimum variance that
will afford relief and is not detrimental to the public good
or to the purpose, intent and spirit of this Title or the Town
Comprehensive Plan.
B. In granting any variance, the Board of Adjustment has the
authority to attach such reasonable conditions as it deems
necessary to protect the general welfare and implement the purposes
of this Title.
C. All requests for variances shall be made and heard in the
form and manner prescribed by the rules of procedure of the Board
of Adjustment as may be in effect from time to time. Applicants
shall be advised as to the existence of such rules of procedure,
and a copy thereof shall be made available to such applicants. The
request shall be accompanied by a fee, payable to the Town, in an
amount as set forth in the Firestone Development Regulations.
3
17. 46,060 Voting Re<n,1irements. The concurring vote of four
members of the.Board of Adjustment shall be necessary to reverse
any order, requirement; decision or determination made by a Town
administrative official, or to decide in favor of the applicant-any
matter upon which the Board is required to pass under this Title,
or to effect any variance.
12. 06. 070 Judicial Review. Any person aggrieved ·by any
decision of the Board of Adjustment or any officer, department,
board or bureau of the Town may seek judicial review of the
decision of the Board in the manner•provided by state law.
section 5. If any portion of this ordinance is held to be
invalid for any reason, such decision shall not affect the validity
of the . remaining portions of this ordinance. The Board of Trustees
hereby declares it would have passed this ordinance and each part
hereof irrespective of the fact that any one part is declared
invalid.
Section 6. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
conflict.
INTRODUCED, READ, (/fPTED, APPROV~D, AND ORDERED PUBLISHED IN
FULL this /d!!-day of -r--'.µ;."""""'"'r"";""'-------' 1997.
TOWN OF FIRESTONE, COLORADO
Attest:
~4---· ' ,¢<!'..,.._,)
~terson
Town Clerk.
052197/1245 [sjl] ci Fireston\BCA.ord
4
Rick Patterson
Mayor
•
ORDINANCE NO. _J '7d
AN ORDINANCE EXTENDING THE CURRENT · CABLE TELEVISION
FRAKCHISE FOR A PERIOD OF ONE YEAR.
WHEREAS, by Ordinance No. 160 dated February 10, 1981, the Town granted a cable
television franchise which is clltTently held the TCI Cablevision of Colorado, inc.; and
WHEREAS, by Ordinance No. 321 dated January· 11, 1996, the town granted an
extension of the tenn of the cable television franchise for a period of one year to allow
additional time to proceed with the franchise renewal process; and
•
WHEREAS, by Ordinance No. 351 dated January 9, 1997, the town granted an extension
of the term of the cable television· franchise for a period of six ( 6) months to allow more
additional time to proceed with the franchise renewal process; and
WHEREAS, the Town and TCI Cablevision of Colorado, Inc. desire to further extend the
tenn of the cable television franchise for a period of six ( 6) additional months to allow
more additional time to proceed with the franchise renewal process.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
• Section 1. The Town hereby approved the temporary extension of the Cable Television
Franchise granted by Ordinance No. 160, which franchise is clltTently held by TCI
Cablevision of Colorado, Inc., as successor in interest thereto, for a period of six ( 6)
months from its present expiration date of August 10, 1997 to February 10, 1998.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLlSHED IN
FULL this ;14'JGday of #7 , 1997 .
. TOWN OF FIRESTONE, COLORADO
Rick Patterson, Mayor
ATTEST::
~~/
T .r?.'Wterson,cierk
(
,.
ORDINANCE NO. .,fJ /
AN ORDINANCE AMENDING SUBSECTION 10.04.050.D OF THE FIRESTONE
MUNICIPAL CODE, REGARDING PARKING RESTRICTIONS APPLICABLE TO
TRAILERS, TRAILER COACHES, UTILITY TRAILERS, SCHOOL BUSES, MOTOR
HOMES AND MOBILE HOMES.
WHEREAS, in order to provide efficient and timely street
cleaning and snow removal, and in order to provide for the general
health, safety and welfare, the Town of Ji'irestone has promulgated
certain parking restrictions; and
WHEREAS, the Town desires to revise and clarify certain
parking restrictions applicable to trailers, trailer coaches,
utility trailers, school buses, mobile homes and motor homes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Subsection D of Section 10.04.050 of the Firestone
Municipal Code, concerning additions or modifications to the Model
traffic Code for Colorado Municipalities, 1995 edition, is hereby
amended to read as follows (words added are underlined; words
deleted are: st.rielEeH throu!Jh) :
D. Section 1212, Trailer, trailer coach, utility trailer.
school bus. motor home or mobile home parking, is added to read as
follows:
Section 1212. Trailer, trailer coach, utility trailer. school
bus. motor home or mobile .. home. parking ... As. defiHed here:i:H, No
trailer, trailer coach, utility trailer. school bus. or motor home.
as defined in this Model Traffic Code. and no er mobile home..____g_S_
defined in Title 17 of the Firestone Municipal Code. er aHy trailer
UHder twe theusaHd (2,000) peuHds shall be parked, attached or
detached, on any public right of way within the Town.
Section 2. Subsection B of Section 17.48.030 of the Firestone
Municipal Code is hereby amended to read as follows (words added
are underlined; words deleted are strielEeH threu!Jh) :
B. No mobile home shall be parked upon any alley or public
ground within.the town.nor.shall the. same be parked. attached
or detached. on any public right of way street within the town
fer a peried iH excess ef t~~eHty feur heurs, provided,
however, that this section shall not be construed to prohibit
the parking of uninhabited, unused mobile homes upon private
property for the purposes of storage or sale upon compliance
with all other. applicable provisions .of this .. code. and .. other
ordinanc.es of the town ciey. Further, no mobile home shall be
occupied for dwelling purposes unless it is properly placed in
a mobile home space or lot and connected to water, se,wage, and
electric~ and to gas, and other utilities, as appropriate.
INTROD.)J~ CED, READ,. ~TED, APPROVED, AND ORDERED PUBLISHED IN
FULL this ~ay of --iu0;..e.c:.<=-<4?',;,.,,0"'~-=---. _· ___ , 1997.
TOWN OF FIRESTONE, COLORADO
Rick Patterson
• Mayor
Town Clerk
082697/120':' [sj 1] c: Fires ton \Parking. ord
ORDINANCE.NO. $J
AN ORDINANCE ADOPTING A NEW SECTION 613 OF THE 1995 MODEL TRAFFIC
CODE AS ADOPTED AND AMENDED BY THE TOWN OF FIRESTONE
WHEREAS, pursuant to C.R.S. §42-4-110(1) (bl and C.R.S. §31-16-
201 et _g_g_q., the Town has adopted the 1995 revised edition of the
Model Traffic Code for Colorado Municipalities; and
WHEREAS, the Colorado Transportation Commission has approved
a new section 613 of the 1995 Model Traffic Code for Colorado
Municipalities; and
WHEREAS, the Town desires to add the new section 613 to its
version of the Model Traffic Code.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, ·COLORADO:
Section 1,
Code is amended
follows:
Section 10.04.020 of the Firestone Municipal
by the addition of a new subsection K to read as
K. Section 613, Designation of highway maintenance, repair, or
construction zones -signs -increase in penalties for speeding
violations, is added to read as follows:
Section 613. Designation of highway maintenance, repair,
or construction zones -signs -increase in penalties for
speeding violations. (1) If maintenance, repair, or
construction activities are occurring or will be occurring
within four hours on a state highway or municipal street, the
department of transportation or municipal authorities, within
their respective jurisdictions, may designate such portion of
the highway as a highway maintenance, repair, or construction
zone. Any person who commits a speeding violation in a
maintenance, ·repair, or construction zone that is designated
pursuant to the provisions of this section is · subject to
increased penalties and surcharges.
(2) The department of transportation or municipal
authorities, within their respective jurisdictions, shall
designate by appropriate signs that a maintenance, repair, or
construction activity is taking place or will be taking place
within four hours. Such sign shall notify the public that
increased penalties for speeding violations are in effect in
such zone. The department of transportation or local
authorities shall erect or place a second sign after such zone
indicating the increased penalties for speeding violations are
no longer in effect. A maintenance, repair, or construction
zone begins at the location of the sign indicating that the
increased penalties are in effect and ends at the location of
the sign indicating that the increased penalties are no longer
in effect.
-1-
. ,
( 3) ... Signs ... used. for designating the beginning. and end of
a maintenance, construction, or repair zone shall conform to
department of transportation requirements. The department of
transportation or local authority may display such signs on
any fixed, variable, or moveable stand. The department of
transportat-ion·or local authority may place such a sign on a
moving vehicle if required for certain activities, including,
.. but not limited to, highway painting work.
Section 2. If any portion of this ordinance is held to be
invalid for any reason, such decision shall not affect . .the validity
of the remaining port-ions of this ordinance. The Board of Trustees
hereby declares that it would have passed this ordinance and each
part hereof irrespective of the fact that any one part be declared
invalid.
Section 3. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any· portion
hereof are hereby repealed to the extent of such inconsistency or
conflict.
IN~ROD:U5JD; READ ,~D, APPROVED,
FULL this // · day of ,,-Le,J
AND ORDERED PUBLISHED IN
, 1997.
At
Trudy Peterson
Town Clerk
090897/lSSO[sjl]c:Fireston\MTCamend.ord
' TOWN OF FIRESTONE, COLORADO
Mayor
-2-
,ft.
\ . , \ ........ ~~N-o·~,
0 \f\ 'fj
. -
. J.A3:
\
.....,,_,_, "!,~, --
" . -'
ORDINANCE NO. 373
AN ORDINANCE AMENDING CERTAIN SECTIONS OF TITLE 17 OF THE FIRESTONE
MUNICIPAL CODE CONCERNING MODULAR AND MANUFACTURED HOMES.
WHEREAS, the Board finds that it is desirable to make certain
amendments to Title 17 of the Firestone Municipal Code to permit
manufactured homes in residential zone districts in a manner
equivalent to site-built housing.
WHEREAS, all' required notices and public hearings concerning
this ordinance have been provided.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD Of TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Section 17. 08 .110 of the Firest.one Municipal Code
is hereby amended to read as follows (words to be added are
capitalized; words to be deleted are stricken through):
17. 08 .110 Dwelling. multifamily. "Dwelling, multifamily"
means a building designed to be occupied in whole or in
part by three or more families living independently of
each other, but not including . mobile . ,homes, QR
manufactured HOMES housifl!J Of? modult;t£ homes as defined
herein, except as otherwise provided herein.
Section 2. Section 17.08.120 of the Firestone Municipal Code
is hereby amended to read as follows (words to be added are
capitalized; words to be deleted are stricken through):
17. 08 .12 O Dwelling. single-family. "Dwelling. single-
family" means a detached building designed exclusively
f-:,r occupancy by one family, but not including mobile
h-:,mes, maflufaetu£ea housifl!J Of? moaula£ as defined herein,
e}ecc13t. as et.:a.erwisc prevideel herein.
Section 3. Section 17.08.130 of the Firestone Municipal Code
is hereby amended to read as follows (words to be added are
capitalized; words to be deleted are stricken through):
17.08.130 Dwelling. two-family. "DWELLING. TWO~FAMILY"
MEANS A A detached building designed exclusively for
o:cupancy by two families living independently of each
other, but not including mobile homes, OR manufactured
H·JMES housifl!J Of? moaula£ homes as defined herein, except
as otherwise provided herein.
1
Section 4. Section 17.08.270 of the Firestone Municipal Code
is hereby amended to read as follows (words to be added are
capitalized; words to be deleted are stricken through):
17. 08. 270 Manufactured Home. "Manufactured home," means
a 11ta:aufaetured heme as that term is defiaed by CR:S 31 23
381 et seq., as ameaded SINGLE FAMILY DWELLING WHICH:
(A) IS PARTIALLY OR ENTIRELY MANUFACTURED IN A FACTORY;
(B) IS NOT LESS THAN TWENTY-FOUR FEET IN WIDTH AND
THIRTY-SIX FEET IN LENGTH;
(C) IS INSTALLED ON AN ENGINEERED PERMANENT FOUNDATION;
(D) HAS BRICK, WOOD OR COSMETICALLY EQUIVALENT EXTERIOR
SIDING AND A PITCHED ROOF; AND
(E) IS CERTIFIED PURSUANT TO THE "NATIONAL MANUFACTURED
HOUSING'CONSTRUCTION AND SAFETY STANDARDS ACT OF 1974",
42 U.S.C. 5401 ET SEQ., AS AMENDED, AND SUCH
CERTIFICATION IS CONFIRMED PRIOR TO THE ISSUANCE OF A
BUILDING PERMIT.
Section 5. Section 17.08.290 of the Firestone Municipal Code
is hereby repealed in its entirety. The repealed provision read as
follows (words deleted are stricken through):
17. 9B. 298 Medttlar l!el!le. 11 Med-ular Heme, 11 fer the purpeses
of this title, .means a strueturc Eicsi~Hed fer residcH:tial
oeeupancy, CJf:eludi:ag a mebilc hOfflC 0£ factory Built fl:Offle
as 6:cfined hcreiH, is TJ:.1helly or in suBstantial part made,
fa:brieatcd, fol.ffleei or asseffll9led ia ffia:nttfacturiflg
facilities fof" iastallation, or asscffll9ly aad iastallation
ea a buildia~ site, ,~hieh bears the iasi~aia ef the
Division of Housing of Celorae.o, aH:6. ftas aet Been altcrea
since rccciviag the insignia of apprEY✓al, is intended to
be per111aaeatly iastalled ea a feuadatiea ea a buildia~
site, and is flOrfflally divideel ifltO t"J:.1 0 or fflOFC COf'ftl'OH:CfltS
for transportation.
Section 6. Section 17.16.010 of the Firestone Municipal Code
is hereby amended to add a new sub-subsection A. 12, to read as
follows (words to be added are capitalized):
12. MANUFACTURED HOMES, AS DEFINED IN SECTION 17. 08. 270.
Section 7. Subsection E of Section 17.16.030 of the Firestone
Municipal Code is amended to read as follows (words to be added are
capitalized; words to be deleted are stricken through):
E. MANUFACTURED HOMES, AS DEFINED IN SECTION 1 7 . 0 8 . 2 7 0 .
Moffil:lar hemes aH:d mafllifactu.Eed ftousing pre:"v•ideeJ. a spC:cial
use permit is applied fer aad appre-."ed by the beard ef
trustees as previded hereia.
2
Section 8. Subsection O of Section 17.16.050 of the Firestone
Municipal Code is amended to read as follows {words to be added are
capitalized; words to be deleted are stricken through):
0. MANUFACTURED HOMES, AS DEFINED IN SECTION 1 7 . 0 8 . 2 7 0 .
Modular hemes. aaa manttfactured flousir1:g previelca a □'.F)ecial
use peflflit is apJ;Jlicd for afld approved Sy the beard of
trustees as provided hcreiH.
Section 9. Section 17.28.070' of the Firestone Municipal Code
is hereby repealed in its entirety. The repealed provision read as
follows {words deleted are stricken through):
17. 28. Q70 Special use pcl:ff\it fflee1ular hoffleg aad
manufacttired ftemes. P!odttlal:" hemes a:aa ffi€l:at1faetured hemes
as defined alJov e shall be allowed as a Sl;)ecial use in the
R 1, R 2, aad R 3 districts, ia the teun prffirided a
speeial use peFlllit is applied for aRd approved by the
boaFd of trestces. A special ttsc pcEH:it shall 19c. !§)'ranted
to t.hc applicafl:t providcel cacft of the follewia§
conditieas is met.
A. Such flome for •J~•hieh the applicatiea is maae
' ·fflCCtS or C}€CCCdS I Ofl aft equiv=alcftt f)Crfol?fflfrf.l.CC
eagi:accriag Basis, all reqttirements of 1:.he town bttilding
code,
D. Suel=i Heme fer '"Jv"fiieft applieatiea is mael.e .is
ecrtificd pursuaat te tflc "Hatieaal Manufact1:1red IIe1:1sia!3
Censtructien and Safety Standards Aet ef .1974," 42 U.S.C.
S5401 ~ ~, as a-mended, and !3reef ef s1:1cft
certificatiea is predttccd fer tfte tewn by tfte applicant,
C. Sttcfl ftemc fer '"Jw"fliefl tl=J:c ctpt)licatiea is made
meets all 20Re distriet staRdards, as set forth iR this
title,
D. St1efl heme fer •t.•fticft tfle applieatien is made ftas
its ewn separate, iadividttal scctvv1 cr tap, water tap, aHd
electrical Beek up.
Section 10. If any portion of this ordinance is held to be
invalid for any reason, such decision shall not affect the validity
of the remaining portions of this ordinance. The Board of Trustees
hereby declares that it would have passed this ordinance and each
part hereof irrespective of the fact that any one part be declared
invalid.
Section 11. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
conflict.
INTRODUCED, READ, -'~_TED, APPROVED, AND ORDERED PUBLISHED IN
FULL this ~ day of ~/ , 1997.
3
Attest:
~
T. L. Peterson
Town Clerk
'\OW,v -. SEAL ....
·• ......... .... ..
101597/1129[ej1Jc:Fireet0l1\Hudhome.ord
TOWN OF.FIRESTONE; COLORADO
Mayor
4
ORDINANCE NO. 374
AN ORDINANCE AMENDING SECTION 17.16.070 OF THE FIRESTONE MUNICIPAL
CODE TO INCORPORATE INTO THE TOWN'S RESIDENTIAL ZONE DISTRICT
REGl;JLATIONS ADDITIONAL CONSTRUCTION, DESIGN A.ND LANDSCAPING
ST~S FOR ALL NEW RESIDENTIAL DWELLINGS. . -
• taiEREAS, C.R.$. §31-23-301 tl gg_._ authorizes the Town to
escablish zoning districts within the Town; and
WHEREAS, C.R.S. §24-67-101 tl .s..e!2-,.. authorizes the Town to
al~ow for planned unit developments within the Town; and
WHEREAS, pursuant to such authorities, the Town has
established zoning districts, zoning regulations and planned unit
development regulations, as set forth in Title 17 of the Firestone
Municipal Code and the Firestone Development Regulations; and
WHEREAS, the Town has developed and established and continues
to develop and establish regulations and standards for residential,
commercial and industrial development with in the Town, and
WHEREAS, the Board of
construction, design and
residential dwellings; and
Trustees desires to adopt additional
landscaping standards for all new
WHEREAS, the Board of Trustees finds and determines that such
standards are consistent with and in furtherance of the standards
for development plan approval set forth in the Firestone Municipal
Code and the Firestone Development Regulations; and
WHEREAS, the Board of Trustees finds and determines that such
standards are consistent with and in furtherance oe the residential
zone district designations and regulations existing within the
Town: and
WHEREAS, the Board of Trustees finds and determines that such
standards are necessary to further the public health, safety,
integrity, and general welfare for the purposes set forth in C.R.S.
§24-67-102(c) thru (j); and
WHEREAS, the Board of Trustees finds and determines that such
standards are necessary to promote the health, safety, and general
welfare for the purposes set forth in C.R.S. §31-23-301 ·ftt l>fill.;
and
WHEREAS, the Board of Trustees finds and determines that such
standards shall serve, by way of example and not limitation, to
lessen congestion in and on Town streets; to provide adequate light
and air; to prevent the overcrowding of land and streets; to
facilitate adequate provision of transportation; to conserve and
increase the value of buildings and land; to encourage the most
1
appropriate use of land; to encourage preservation and provision of
natural characteristics, trees and vegetation; and to encourage
innovations in residential development and renewal; and
-lj}IEREAS, all required notices and public hearings concerning
thi; ordinance have been provided.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section l. Section 17.16.070 of the Firestone Municipal Code
is .hereby retitled and amended by the addition of new subsections
G t~ru o, to read as follows:
17,16.070 Additional standards for R-1. R-2. and R-3
districts and residential land use categories within P,m
districts.
G. All dwellings shall be constructed on a
permanent concrete foundation which foundation shall have
the following minimum characteristics:
1. It shall be constructed to be below
estimated frost depth.
. 2. The foundation shall be located directly
below not less than ninety percent of the outside
perimeter of the first floor building wall.
3. The foundation shall be at a minimum eight
inches in thickness.
H. All dwelling roofs shall have the following
minimum characteristics:
1. A minimum of three roof planes per
building, to add articulation.
2. A pitch of not less than four inches in
twelve inches.
3. Eighty percent of all eves shall protrude
from the exterior wall (not including the width of any
gutter) no less than the standards indicated below:
a. On roof pitches of 4/12 the overhang
shall be 24 inches.
b. On roof pitches of 5/12 the overhang
shall be 24 inches.
C. On roof pitches of 6/12 the overhang
shall be 24 inches.
d. On roof pitches of 7/12 the overhang
shall be 18 inches.
e. On roof pitches of 8/12 the overhang
shall be 16 inches.
f. On roof pitches of 9/12 the overhang
shall be 14 inches.
g. On roof pitches of 10/12 the overhang
Ehall be 12 inches,
h. On roof pitches of 11/12 the overhang
shall be 12 inches.
2
•
i. On roof pitches of 12/12 (or greater
until vertical) the overhang shall be 12 inches.
I. All residential dwellings shall be oriented on the
lot such that a side with a length that is at least
a ,,eighty percent the length of the longest side of the
dwelling predominately faces the local street providing
l ,;access to the lot. The length of any side does not
include the length of any attached garage. In all cases
the front door of the dwelling shall be located in the
closest one-quarter portion of the dwelling that
predominately faces the local street. For corner lots,
this provision only applies to the local street providing
direct driveway access.
J. For any new subdivision filing, at least 25 percent
of the dwellings developed shall have two car garages,
and such garages shall be distributed in an even manner
throughout the filing.
K. For any new subdivision filing, there shall be a
minimum of one tree of 1.5-inch caliper for each dwelling
planted within the front yard of the dwelling. This
requirement may be waived or reduced by the Board if it
determines that such a requirement would be inappropriate
based on the submitted landscape theme, or for potable
water conservation reasons.
L. For any new subdivision filing, as developed, front
lawn areas shall be installed as seed or sod in the front
yard. If seed is used rather than sod, then the seed
must be significantly established prior to the Town
issuing a certificate of occupancy. However, a
certificate of occupancy may be issued by the Town prior
to the seed being significantly established if an
automatic sprinkler system has been installed with an
electronic timer. These requirements may be waived or
reduced by the Board if it determines that such a
requi:::ement would be inappropriate based on relevant
considerations including, but not limited to, the size of
the lots or potable water conservation reasons.
M. Shrubs and ground cover plantings shall comprise no
less than 10 percent of the landscaped area of the front
yard. This requirement may be waived or reduced by the
Board if it determines that such a requirement would be
inappropriate because of the size of the lots or for
notable water conservation reasons.
~-Eight five percent of the exterior color treatment
for all residential dwellings and accessory uses shall be
muted (excluding glass treatment), unless otherwise
approved by the Board based on the unique architectural
design of the home.
O. All sloped roofs shall be covered with a muted,
earth-tone color roofing material, unless otherwise
approved by the Board based on the unique architectural
design of the home.
3
•
section 2. Any person who violates any provision of this
or~inance shall be punished by a fine of not more than $999.00 or
by imprisonment not to exceed . l year or both such fine and
imprisonment. Each day during any portion of which any violation
of ~ provision of this ordinance is committed, continued, or
permitted by any such pereon shall be a separate offense.
section 3. If any portion of this ordinance is held to be
invalid for any reason, such decision shall not affect the validity
of the remaining portions of this ordinance. The Board of Trustees
hereby declare.s that it would have passed this ordinance and each
part hereof irrespective of the fact that any one part be declared
invalid.
Section 4. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
conflict. ·
INTRODUCED, READ~PTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this j,i'# day of~4±,-,,1 , 1997.
Attest,
Town Clerk
101s,1/1125[ajllc:Fire•ton\Houalng.ord
4
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
ORDINANCE NO. 374
AN ORDINANCE AMENDING SECTION 17. lG. 070 OF fflE FIRESTONE MUNICIPAL
CODE TO INCORPORATE INTO THE TOWN'S RESIDENTIAL ZONE DISTRICT
REGULATIONS ADDITIONAL CONSTRUCTION, DESIGN AND LANDSCAPING
STANDARDS FOR ALL NEW RESIDENTIAL DWELLINGS.
WHERRAS, C.R.S. §31-23-301 tl .:..eq._ authorizes the Town to
establish zoning districts within the Town; and
WHEREAS, C.R.S. §24-67-101 tl fil:ll..-authorizes the Town to
allow for planned unit developments wi.thin the Town; and
WHEREAS, pursuant to such authorities, the Town has
established zoning districts, zoning regulations and planned unit
development regulations, as set forth in Title 17 of the Firestone
Municipal Code and the Firestone Development Regulations; and
WHEREAS, the Town has developed and established and continues
to develop and establish regulations and standards for residential,
commercial and industrial development with in the Town, and
WHEREAS, the Board of.Trustees desires to adopt additional
construction, design and landscaping standards for all new
residential dwellings; and
WHEREAS, the Board of Trustees finds and determines that such
standards are consistent with and in furtherance of the standards
for development plan approval set forth in the Firestone Municipal
Code and the Firestone Development Regulations; and
' WHEREAS, the Board of Trustees finds and determines that such
stanc.ards are consistent with and in furtherance of the residential
zone district designations and regulations existing within the
Town; and
-WHEREAS, the Board of Trustees finds and determines that such
standards are necessary to further the public health, safety,
integrity, and general welfare for the purposes set forth in C.R.S.
§24-67-102(c) thru (j); and
WHEREAS, the Board of Trustees finds and determines that such
standards are necessary to promote the health, safety, and general
welfare for the purposes set forth in C.R.S. §31-23-301 et.~-;
and
WHEREAS, the Boa.rd of Trustees finds and determines that such
'standards shall serve, by way of example and not limitation, to
lessen congestion in and on Town streets; to provide adequate light
and air; to prevent the overcrowding of land and streets; to
facilitate adequate provision of transportation; to conserve and
increase the value of buildings and land; to encourage the most
1
j
appropriate use of land; to encourage preservation and provision of
natural characteristics, trees and vegetation; and to encourage
innovations in residential development and renewal; and
WHEREAS, all required notices and public hearings concerning
this ordinance have been provided.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section l. Section 17.16.070 of the Firestone Municipal Code
is hereby retitled and amended by the addition of new subsections
G thru o, to read as follows:
17.16.070 Additional standards for R-1. R-2. and R-3
districts and residential land use categories within Pun ·
districts.
G. All dwellings shall be constructed on a
permanent concrete foundation which foundation shall have
the following minimum characteristics:
1. It shall be constructed to be below
estimated frost depth.
_ 2. The foundation shall be located directly
below not less than ninety percent of the outside
perimeter of the first floor building wall.
3. The foundation shall be at a minimum eight
inches in thickness.
H. All dwelling roofs shall have the following
minimum characteristics: ·
1 .. A minimum of three roof planes per
building, to add articulation.
2. A pitch of not less than four inches in
twelve inches.
3. Eighty percent of all eves shall protrude
from the exterior wall (not including the width of any
gutter) no less than the standards indicated below:
· a. On roof pitches cif 4/12 the overhang
shall be 24 inches. ·
b. on roof pitches of s/12 the overhang
shall be 24 inches.
C. on roof pitches of 6/12 the overhang
shall be 24 inches.
d. On roof pitches of 7/12 the overhang
shall be 18 inches.
e. On roof pitches of 8/12 the overhang
shall be 16 inches.
f. On roof pitches of 9/12 the overhang
shall be 14 inches.
g. On roof pitches of 10/12 the overhang
shall be 12 inches.
h. On roof pitches of 11/12 the overhang
shall be 12 inches.
2
~~-. . ' .. '·
i. On roof pitches of 12/12 (or greater
until vertical) the overhang shall be 12 inches.
I. All residential dwellings shall be oriented on the
lot such that a side with a length that is at least
eighty percent the length of the longest side of the
dwelling predominately faces the local street providing
access to the lot.· The length of any side does not
include the length of any attached garage. In all cases
the front door of the dwelling shall be located in the
closest one-quarter portion of the dwelling that
predominately faces the local street. For corner lots,
this provision only applies to the local street providing
direct driveway access.
J. For any new subdivision filing, at least 25 percent
of the dwellings developed shall have two car garages,
and such garages shall be distributed in an even manner
throughout the filing.
K. For any new subdivision filing, there shall be a
minimum of one tree of 1.5-inch caliper for each dwelling
. planted within the front yard of the dwelling. This
requirement may be waived or reduced by the Board if it
determines that such a requirement would be inappropriate
based on the submitted landscape theme, or for potable
water conservation reasons.
L. For any new subdivision filing, as developed, front
lawn areas shall be installed as seed or sod in the front
yard. · If seed is used rather than sod, then the seed
must be significantly established prior to the Town
issuing a certificate of occupancy. However, a
certificate of occupancy may be issued by the Town prior
to the . ·seed being significantly established if an
automatic sprinkler system has been installed with an
electronic timer. These requirements may be waived or
reduced by the Board if it determines that such a
requirement would be inappropriate based on relevant
considerations including, but not limited to, the size of
the lots or potable water conservation reasons.
M. Shrubs and ground cover plantings shall comprise no
less than 10 percent of the landscaped area of the front
yard. This requirement may be waived or reduced by the
Eoard if it determines that such a requirement would be
inappropriate because of the size of the lots or for
potable water conservation reasons.
N. Eight five percent of the exterior color treatment
for all residential dwellings and accessory uses shall be
m:1ted (excluding glass treatment), unless otherwise
approved by the Board based on the unique architectural
design of the home.
0.. All sloped roofs shall be covered with a muted,
earth-tone color roofing material, unless otherwise
approved by the Board based on the unique architectural
design of the home.
3
section 2. Any person who violates any provision of this
ordinance shall be punished by a fine of not more than $999.00 or
by imprisonment not to exceed 1 year or both such fine and
imprisonment. Each day during any portion of which any violation
of any provision · of this ordinance is committed, continued, or
permitted by any such .. person shall be a separate offense.
section 3. If any portion of this ordinance is held to be
invalid for any reason, such decision shall not affect the validity
of the remaining portions of this ordinance. The Board of Trustees
hereby declares that it would have passed this ordinance and each
part hereof irrespective of the fact that any one part be declared
invalid.
Section 4. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
conflict. ·
INTRODUCED, READ,,).DQPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL ~his 9# day of.4EZt-.4,,.; , 1997.
101s,1/112s[ajl)c:Fireeton\Houaing.ord
4
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
ORDINANCE NO. 375
AN ORDINANCE REZONING CERTAIN PROPERTY WITHIN THE TOWN OF
FIRESTONE.
WHEREAS, an application for rezoning of certain property,
described in Exhibit A hereto and made a part hereof, has been
filed with the Board of Trustees of the Town of Firestone; and
WHEREAS, in the application it was requested that the property
be rezoned from R-1, Low Density Residential; R-2, Medium Density
Residential; and C-1, Limited Commercial, to Planned Unit
Development Residential-A (PUD R-A) and Planned.Unit Development
Open Space (PUD OS); and
WHEREAS, the landowners of the property have submitted an
Outline Development Plan in connection with the rezoning request;
and
WHEREAS, the Firestone Planning Commission has held a public
hearing on the rezoning request and has forwarded its
recommendation to the Board of Trustees, and the Board of Trustees
has duly considered the Commission's .recommendation; and
WHEREAS, the Board of Trustees has held a public hearing on
the proposed rezoning and has provided notice of the public hearing
by publication as provided by law; and
WHEREAS, no protei;;ts were received by the Town pursuant to
C.R.S. §31-23-305; and
WHEREAS, a rezoning from R-1, Low Density Residential; R-2,
Medium Density Residential; and C-1, Limited Commercial, to Planned
unit Development ·Residential-A (PUD R-A) and Planned Unit
Development Open Space (PUD OS) is consistent with the Town's plan
for the area encompassed by the property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. That certain property, the legal description of
which is set forth in Exhibit A, attached hereto and made a part
hereof, is hereby rezoned from R-1, Low Density Residential; R-2,
Medium Density Residential; and C-1, Limited Commercial, to Planned
Unit Development Residential-A (PUD R-A) and Planned Unit
Development Open Space (PUD OS), pursuant to the zoning ordinances
and development regulations of the Town, and in accordance with the
outline Development Plan hereby approved by the Board of Trustees
and on file with the Town, and the Town zoning map shall be amended
accordingly.
1
FULL
IN. TRODUCED, READ, ,$PTED, APPROVED,
this. c;u: day of . · ~/
AND ORDERED PUBLISHED IN
; 1997.
ATTEST:.-.
T. t. . Peterson
Town Clerk
2
TOWN OF FIRESTONE, COLORADO
.Rick Patterson
Mayor
• ;, . 0,4/77 /1995 00: 20 9702260204 TST INC FC PAGE 03
EXHIBIT-'-/;• (·l •Of 2) ~-,
FREEDOM ESTATES SUBDIVISION• R·A ZONINGiLEGAL DESCRIPTION (PUD R-A)
LEGAL DESCRIPTION OF A PARCEL OF LAND BEING A PORTION OF THE SOUTH
HALF OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 2 NORTH,
RANGE 67 WEST OF THE 6TH P.M .. WELD COUNTY, COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 30; THENCE ALONG THE NORTH
LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION
30 NORTH 89"28'31" EAST 438.38 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89"28'31" EAST 195.02
FEET TO A POINT ON THE WESTERLY LINE OF THAT CERTAIN PARCEL OF
LAND DESCRIBED IN DEED. RECORDED IN BOOK 1115 UNDER RECEPTION NO.
2056524, RECORDS OF SAID COUNTY; THENCE ALONG THE WESTERLY ANO
SOUTHERLY LINES OF SAID PARCEL THE FOLLOWING TWO COURSES AND
DISTANCES; SOUTH 01"16'41" EAST 27.90 FEET; THENCE NORTH 88"50'01" EAST
125.00 FEET TO A POINT ON THE WESTERLY RIGHT .OF-WAY LINE OF FIRST
STREET SOUTH 01"16'41" EAST 1275.11 FEET TO A POINT ON THE NORTH LINE
OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED, RECORDED IN BOOK
1641, PAGE 517, RECORDS OF SAID COUNlY; THENCf: ALONG SAID NORTH
LINE SOUTH 89"20'34" WEST 235.93 FEET; THENCE DEPARTING SAID NORTH
LINE NORTH 00°39'26" WEST 35.00 FEET TO A POINT ON A CURVE; THENCE
ALONG THE ARC OF SAID CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS
50.00 FEET. A CENTRAL ANGLE OF 11o·oa•59", THE CHORD OF SAID ARC BEARS
NORTH 35"34'56" WEST 81.99 FEET) A DISTANCE OF 96.12 FEET; THENCE
NORTH 70°30'27" WEST 40.91 FEET; THENCE NORTH 01 °16'41" WEST 997.25
FEET; THENCE NORTH 64"49'59" EAST 42.96 FEET TO A POINT ON A CURVE:
THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT (SAID CURVE HAVING
A RADIUS OF 50.00 FEET: A CENTRAL ANGLE OF 46"50'12", THE CHORD OF SAID
ARC BEARS NORTH 01"44'55" WEST 39.74 FEET) A DISTANCE OF 40.87 FEET:
THENCE NORTH 68°19'49" WEST 42 30 FEET; THENCE NORTH 01 "16'41" WEST
115.14 FEET TO THE TRUE POINT OF BE~lNNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 9.298 ACRES MORE OR LESS AND
IS SUBJECT TO ALL EASEMENTS. AGREEMENTS ANO RIGHTS-OF-WAY OF
RECORD.
• , •. 0,4./_2'711995 00:20 9702260204 TST INC FC PAGE 02
EXHIBIT A (2 of 2)
. .
FREEDOM ESTATES SUBDIVISION. OPEN SPACei .. EGAL DESCRIPTION (PUD os)
LEGAL DESCRIPTION OF A PARCEL OF LANO BEING A PORTION OF THE SOUTH
HALF OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 2 NORTH,
RANGE 67 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH HALF OF THE
"IORTHWEST QUARTER OF SAID SECTION 30; THENCE ALONG THE NORTH
LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION
30 NORTH 89°28'31" EAST 219.13 FEET TO A POINT ON THE EAST LINE OF THAT
CERTAIN PARCEL OF LAND DESCRIBED IN DEED, RECORDED IN BOOK362, AT
PAGE 29, RECORDS OF SAID COUNTY; SAID POINT BEING THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89°28'31"
EAST 219.25 FEET; THENCE DEPARTING SAID NORTH LINE SOUTH 01°16'41"
EAST 1 1 S.14 FEET; THENCE SOUTH 68°19' 49" EAST 42.30 FEET TO A POINT ON
A CURVE; THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT (SAID
CURVE HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 46°50'12", THE
CHORD OF SAID ARC BEARS NORTH 01 °44'55" WEST 39. 74 FEET) A DISTANCE
OF 40.87 FEET; THENCE SOUTH 64"49'59" WEST 42.96 FEET; THENCE SOUTH
01°16'41" EAST 997.25 FEET; THENCE SOUTH 70"30'27" EAST 40.91 FEET TO A
POINT ON A CURVE; THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT
(SAID CURVE HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF
110°08'59", A CHORD OF SAID ARC BEARS NORTH 35°34'56" WEST 81.99 FEET)
A DISTANCE OF 96.12 FEET; THENCE SOUTH 00"39'26" EAST 35.00 FEET TO A
POINT ON THE NORTH LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN
DEED, RECORDED IN BOOK 1641, PAGE 517, RECORDS OF SAID COUNTY:
THENCE ALONG SAID NORTH LINE SOUTH 89°20'34" WEST 253.05 FEET TO A
POINT ON THE EAST RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD;
THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING THREE COURSES
ANO DISTANCES. NORTH 00°11'2Et WEST 502.99 FEET; THENCE SOUTH
14°35'34" WEST 293.93 FEET; THENCE NORTH 00°11 '26" WEST 1083.42 FEET TO
THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 6.492 ACRES MORE OR LESS AND
IS SUBJECT TO ALL EASEMENTS, AGREEMENTS AND RIGHTS-OF-WAY OF
RECORD.
I lllllf il11 llilll llll'IIIIIII 11Tiif11rm111i1 11111111.
2e91393 01/29/1998 11:44A Weld County CO
1 of~ R 16.00 D 0.00 JA Suki Tsukamoto
AN ORDINANCE APPROVING AN ANNEXATION,
FIRESTONE DEVELOPMENT ANNEXATION, PARCEL
TOWN OF FIRESTONE, COLORADO
KNOWN AS THE
NO. l, TO THE
WHEREAS, a petition for annexation of certain unincorporated
property, to be known as the Firestone Development Annexation,
Parcel No. 1, to be the first of three parcels to be annexed in a
series, and described in Exhibit A attached hereto, has been filed
with the Town Board of the Town of Firestone; and
WHEREAS, pursuant to §31-12-108 to -110, the Town Board on
October 23, 1997, held a duly-noticed public hearing to consider
the proposed annexation; and
WHEREAS, notice of the hearing was published September 17 and
24 and October 1 and 8, 1997, in the Farmer & Miner Newspaper; and
WHEREAS, the Town Board, by resolution, has determined that
the petition is in substantial compliance with the applicable laws
of the State of Colorado, that the area proposed to be annexed is
eligible for annexation, and further has determined that an
election is not required, and further found that no additional
terms and conditions are to be imposed upon said annexations except
any provided for in said petition.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The annexation to the Town of Firestone of the
property described in Exhibit A, attached hereto and incorporated
herein by this reference, and known as the Firestone Development
Annexation, Parcel No. l, is hereby approved and such property is
made a part of and annexed to the Town of Firestone.
Section 2. The annexation of said territory is subject to the
conditions provided for in the petition for annexation of said
property filed with the Town of Firestone.
INTRODUCED, READ,
PUBLISHED IN FULL this
Attest:
PA~D ON fIR,§T READING, AND ORDERED
/.3 day of '-/~~~~~~---' 1997.
TOWN OF FIRESTONE, COLORADO
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111197/1033[sjl]c:Fireston\Fired-evl.ord
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2S91393 01/29/1998 11:44A Weld County CO
· 2 of 3 R 16.00 D 0.00 JA Suki Tsukmmolo
EXHIBIT A
LEGAL DESCRIPTION: ANNEXATION PARCEL NO. 1
A tract of land located in the south one-half of Section 6, and the
north oce~half of Section 7, Township 2 North, Range 67 West of the
6th P.M., County of Weld, State of Colorado, described as follows:
Beginning at the s::mthwest corner of said Section 6, said corner
being the POINT OF BEGINNING, from which the west one-quarter
corner of said Section 6 bears N00°22'35''E a distance of 2754.28
feet;
Thence N00°22'35' 'E, along the west line of the southwest one-
quarter of. said Section 6, a distance of 12. 26 feet to the
southwe~t corner of Lot ''B'' Recorded Exemption No. 1311-06-3-RE
1824;
Thence along the south line of said Recorded Exemption the
followicg four (4) courses:
Thence N85°24'51''E a distance 392.05 feet to a point of curvature;
Thence along a curve to the right a distance of 183.76 feet, said
curve having a radius of 1500.00 feet, a central angle of
07°01'09", and a chord which bears N88°55'22"E a distance of
183.65 feet, to a point of tangency;
Thence S87°34'01''E a distance of 1617.26 feet to the southeast
corner of said Recorded Exemption;
Thence N30°21'00''E a distance of 11.28 feet;
Thence S88°54'28''E, along a line 30.00 feet distant and parallel
to the south line of the southwest one-quarter of said Section 6,
a distance of 226.35 feet;
Thence S88°08'33''E, along a line 30.00 feet distant and parallel
to the south line of the southeast one-quarter of said Section 6,
a distance of 2640.53 feet to the east line of said Section 6;
Thence SJ1°31'06''W, along said east line, a distance of 30.00 feet
to the northeast corner of said Section 7;
Thence S0l O 31' 04' 'W, along the east line of said Section 7, a
distance of 30.00 feet;
Thence N88°08'33''W, along a line 30.00 feet distant and parallel
to the north line of the northeast one-quarter of said Section 7,
a distance of 2640.49 feet;
Thence N88°54'28''W, along a line 30.00 feet distant and parallel
to the north line of the northwest one -quarter of said Section 7,
a distan~e of 2391.41 feet;
•
T6ence S00°24'30''W, along a line 30.00 feet distant and~arallel
t.o the west line of the northwest one-quarter of said Section 7, a
distance of 2674.63 feet;
Thence N89°35'57"W a distance of 30.00 feet to the west one-
quarter corner of said Section 7;
Thence N00 O 24' 30' 'E, along the west line of the northwest one-
quarter of said Section 7, a distance of 2704.99 feet to the POINT
OF BEGINNING;
Said tract containing 9. 277 acres more or less, and having a
perimeter of 15,585.01 feet
11111111111111m111111111111111111111111111111111111111
2591393 01/29/1998 11:44A Weld Counly CO
3 of 3 R. 16.00 D 0.00 JA Suki Tsukamolo
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1111111 111111111111111 IIIIIII Ill lllllll Ill 1111111111111 .
2e91394 01/29/1998 11:4eA Weld County CO
1 of 2 R 11.00 D 0.00 JA Suki Tsukamoto
ORDINANCE NO . ..JJJ
AN ORDINANCE APPROVING AN ANNEXATION, KNOWN AS THE
FIRESTONE DEVELOPMENT ANNEXATION, PARCEL NO. 2, TO THE
TOWN OF FIRESTONE, COLORADO
WEEREAS, a petition for annexation of certain unincorporated
property, to be known as the Firestone Development Annexation,
Parcel No. 2, to be the first of three parcels to be annexed in a
series, and described in Exhibit A attached hereto, has been filed
with the Town Board of the Town of Firestone; and
WHEREAS, pursuant to §31-12-108 to -110, the Town Board on
October 23, 1997, held a duly-noticed public hearing to consider
the prcposed annexation; and
WHEREAS, notice of the hearing was published September 17 and
24 and 0ctober 1 and 8, 1997, in the Farmer & Miner Newspaper; and
WHEREAS, the Town Board, by resolution, has determined that
the petition is in substantial compliance with the applicable laws
of the State of Colorado, that the area proposed to be annexed is
eligible for annexation, and further has determined that an
election is not required, and further found that no additional
terms and conditions are to be imposed upon said annexations except
any provided for in said petition.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
section 1. The annexation to the Town of Firestone of the
property described in Exhibit A, attached hereto and incorporated
herein ~y this reference, and known as the Firestone Development
Annexation, Parcel No. 2, is hereby approved and such property is
made a part of and annexed to the Town of Firestone.
Section 2. The annexation of said territory is subject to the
conditions provided for in the petition for annexation of said
property filed with the Town of Firestone.
INTRODUCED, READ, PASSED ON ~I~~T READIN~,
PUBLISHED IN FULL this /j-a day of L-;;T~
AND ORDERED
1997.
TOWN OF FIRESTONE, COLORADO
Attest:
T. L. Peterson
Town Clerk
111197/1033[sj1Jc:Fireston\Firedev2.ord
son
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•
EXHIBIT A
LEGAL DESCRIPTION: ANNEXATION PARCEL NO. 2
A tract ot land located in the southwest one-quarter of Section
7, Township 2 North, Range 67 West of the 6th P.M., and the east
one-half of Section 12 and the east one-half of Section 1,
Township 2 North, Range 68 West of the 6th P.M., County of Weld,
State of Colorado, described as follows:
Beginning at the southeast corner of said Section 1, said corner
being the POINT OF BEGINNING, from which the east one-quarter
corner of said Section 1 bears N00°22'35''E a distance of 2754.28
feet;
Thence S00°24'30''W, along the east line of the northeast one-
quarter of said Section 12, a distance of 2704.99 feet to the
east one-quarter corner of said Section 12;
Thence S89°35'57''E a distance of 30.00 feet to a point on the
easterly right of way line of Weld County Road 13;
Thence S00°23'36''W, along said easterly right of way line, a
distance of 2703.62 feet;
Thence N89°12'll''W a distance of 60.00 feet to the westerly
right of ,way line of Weld County Road 13;
Thence K00°23'36''E, along said westerly right of way line, a
distance of 2703.20 feet;
Thence N00°24'30' 'E, continuing along said westerly right of way
line, a distance of 2704.99 feet;
Thence N00°22'35''E, continuing along said westerly right of way
line, a distance of 1979.85 feet;
Thence S87°20'47''E, departing said westerly right of way line, a
distance of 30.02 feet to the east line of the southeast one-
quarter of said Section l;
Thence SO0°22'35''W, along said east line, a distance of 1978.67
feet to the POINT OF BEGINNING;
Said tract containing 6.950 acres more or less, and having a
perimeter of 14,895.34 feet
( 1111111 11111 lll.111111111111111111111111111 1111111111111 1
! 2!591394 01/29/1998, 11:4!5A Weld County CO
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2!9139! 01/29/1998 11:4!A Weld County CO
1 of 2 R 11.00 D 0.00 JA Suki"Tsuksmoto
ORDINANCE NO. .:J J 9~-
AN ORDINANCE APPROVING AN ANNEXATION, KNOWN AS THE
FIRESTONE DEVELOPMENT ANNEXATION, PARCEL NO. 3, TO THE
TOWN OF FIRESTONE, COLORADO
WHEREAS, a petition for annexation of certain unincorporated
property, to be known as the Firestone Development Annexation,
Parcel No. 3, to be the first of three parcels to be annexed in a
series, and described in Exhibit A attached hereto, has been filed
with the Town Board of the Town of Firestone; and
WHEREAS, pursuant to §31-12-108 to -110, the Town Board on
October 23, 1997, held a duly-noticed public hearing to consider
the proposed annexation; and
WHEREAS, notice of the hearing was published September 17 and
24 and October 1 and 8, 1997, in the Farmer & Miner Newspaper; and
WHEREAS, the Town Board, by resolution, has determined that
the petition is in substantial compliance with the applicable laws
of the State of Colorado, that the area proposed to be annexed is
eligible for annexation, and further has determined that an
election is not required, and further found that no additional
terms and conditions are to be imposed upon said annexations except
any provided for in said petition.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The annexation to the Town of Firestone of the
property described in Exhibit A, attached hereto and incorporated
herein by this reference, and known as the Firestone Development
Annexation, Parcel No. 3, is hereby approved and such property is
made a part of and annexed to the Town of Firestone.
Section 2. The annexation of said territory is subject to the
conditions provided for in the petition for annexation of said
property filed with the Town of Firestone.
IN~RODUCED, READ, PASSED ON FIRST READING,
PUBLISHED IN FULL this /3 u., day of ~
AND ORDERED
, 1997.
TOWN OF FIRESTONE, COLORADO
Attest:
. L. Peterson
Town Clerk
111197/1034[sjl]c:Fireston\Firedev3.ord
•
EXHIBIT A
LEGAL DESCRIPTION: ANNEXATION PARCEL NO. 3
A tract of land located in the southwest one-quarter and the
southea~:t one-quarter of Section 6, Township 2 North, Range 67
West of the 6th P.M., County of Weld, State of Colorado,
described as follows:
Commencing at the southwest corner of said Section 6, from which
the west one-quarter corner of said Section 6 bears N00°22'35''E
a distaEce of 2754.28 feet. Thence N00°22'35''E a distance of
12.26 feet along the west line of the southwest one-quarter of
said Section 6 to the POINT OF BEGINNING;
Thence N00°22'35''E a distance of 1966.41 feet along the west
line of the southwest one-quarter of said Section 6;
Thence S87°20'55''E, departing said west line, a distance of
64.23 feet to a point of non-tangent curvature;
Thence along a curve to the right a distance of 1101.76 feet,
said curve having a radius of 1413.73 feet, a central angle of
44°39'08' ', and a chord which bears N46°28'10''E a distance of
1074.09 feet to a point of non-tangency;
Thence S87°20'55''E a distance of 1625.96 feet along the east-
west centerline of said Section 6 to the center of said Section
6;
Thence S01°14'59''W a distance of 1343.50 feet along the north-
south centerline of said Section 6 to the north line of the south
one-half of the southeast one-quarter of said Section 6;
Thence S87°44'39''E a distance of 500.44 feet along a segment of
the north line of the south one-half of the southeast one-quarter
of said Section 6;
Thence S30°21'00''W, departing said north line, a distance of
1505.21 feet;
Thence N87°34'0l''W a distance of 1617.26 feet to a point of
curvature;
Thence along a curve to the left a distance of 183.76 feet, said
curve having a radius of 1500.00 feet, a central angle of
07°01'09'', and a chord which bears S88°55'22''W a distance of
183.65 feet, to a ~oint of tangency;
Thence S85°24'5l''W a distance of 392.05 feet to the POINT OF
BEGINNING.;
Said tract containing 148.309 acres more or less, and having a
perimeter of 10,300.57 feet.
1111111111111 11111111111111111 Ill lllllll Ill 1111111111111 '
1 2!9139! 01/29/1998 11:4!A Weld County CO
2 of 2 R 11.00 D 0.00 JA Suki -Tsukamoto
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ORDINANCE NO. J) f
AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF
FIRESTONE AND KNOWN AS THE FIRESTONE DEVELOPMENT
ANNEXATION.
WHEREAS, petitions for annexation of certain property,
described in Exhibit A attached hereto and made a part hereof, and
known as the Firestone Development Annexation, Parcel No. 1, Parcel
No. 2, and Parcel No. 3, were filed with the Board of Trustees of
the Town of Firestone; and
WHEREAS, the property was annexed to the Town by ordinance;
and
WHEREAS, the Board of Trustees must provide for the zoning of
the property; and
WHEREAS, the Board of Trustees provided notice of the public
hearing on said zoning by publication as provided by law; and
WHEREAS, no protests were received by the Town pursuant to
C.R.S. §31-23-305; and
WHEREAS, the landowners of the property requested a Planned
unit Development zoning classification and have submitted an
Outline Development Plan in connection with the zoning request; and
WHEREAS, a Planned Unit Development zoning classification is
consistent with the Town's plan for the area encompassed by the
Firestone Development Annexation Parcel No. 3, and a residential
zoning 8lassification is appropriate for the Firestone Development
Annexation Parcel No. 1 and Parcel No. 2 which consist solely of
road rights-of-way; and
WHEREAS, the Firestone Planning Commission has held a public
hearing on the landowner's zoning request and forwarded its
recommendation to the Board of Trustees, and the Board of Trustees
has duly considered that recommendation; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. That certain property known as the Firestone
Development Annexation Parcel No. 1, Annexation Parcel No. 2 and
Annexation Parcel No. 3, the legal description of which is set
forth in Exhibit A attached hereto and made a part hereof, is
hereby zoned PUD -Planned Unit Development zone District pursuant
to the zoning ordinances of the Town and in accordance with the
Firestone Development PUD Outline Development Plan approved by the
Board of Trustees and on file with the Town, and the Town zoning
map shall be amended accordingly.
1
(I 11111111111111111 IIII IIIIIII Ill lllllll Ill lllll llil 111~:I
i 2!591396 01/29/1998 11:46A Weld Counly CO
:. 1 o, 6 R 31.00 D 0.00 JA Suki Tsukamoto I
. .. ..
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this /Pday _of¼~ · , 1997. ,
TOWN OF FIRESTONE, COLORADO
RickPaterson
Mayor
Attest:
~~·
Town Clerk
. ...-~ow1v·
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SEAL
·-. I •·.. ....., _,,. ...... . ... •
111497/103l[sjl]c:Fireston\Firedev4.ord
': 111111111111111111 IIII IIIIIII Ill lllllli Ill 1111111111111 . 1
I 2e91396 01/29/1998 11:46A Weld Courtv CO
2 of 6 R 31.00 D 0.00 JA Suki Tsukamoto
'
2
EXHIBIT A
LEGAL DESCRIPTION: ANNEXATION PARCEL NO. 1
A tract of land located in the south one-half of Section 6, and the
north one-half of Section 7, Township 2 North, Range 67 West of the
6th P.M., County of Weld, State of Colorado, described as follows:
Beginning at the southwest corner of said Section 6, said corner
being the POINT OF BEGINNING, from which the west one-quarter
corner of said Section 6 bears N00°22'35''E a distance of 2754.28
feet;
Thence N00°22'35' 'E, along the west line of the southwest one-
quarter of said Section 6, a distance of 12. 2 6 feet to the
southwest corner of Lot ''B'' Recorded Exemption No. 1311-06-3-RE
1824;
Thence along the south line of said Recorded Exemption the
following four (4) courses:
Thence N85°24'5l''E a distance 392.05 feet tc a point of curvature;
Thence along a curve to the right a distance of 183.76 feet, said
curve having a radius of 1500. 00 feet, · a central angle of
07°01'09", and a chord which bears N88°55'22"E a distance of
183.65 feet, to a point of tangency;
Thence S87°34'0l''E a distance of 1617.26 feet to the southeast
corner cf said Recorded Exemption;
Thence N30°21'00' 'Ea distance of 11.28 feet;
Thence S88°54'28''E, along a line 30.00 feet distant and parallel
to the south line of the southwest one-quarter of said Section 6,
a distance of 226.35 feet;
Thence S88°08'33''E, along a line 30.00 feet distant and parallel
to the south line of the southeast one-quarter of said Section 6,
a distance of 2640.53 feet to the east line of said Section 6;
Thence S01°31'06' 'W, along said east line, a distance of 30.00 feet
to the northeast corner of said Section 7;
Thence S01 ° 31' 04' 'W, along the east line of said Section 7, a
distance of 30.00 feet;
Thence N88°08'33''W, along a line 30.00 feet distant and parallel
to the north line of the northeast one-quarter of said Section 7,
a distance of 2640.49 feet;
( 111111111111111111 IIII IIIIIII Ill lllllll Ill 1111111111111 1
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Thence K88°54'28''W, along a line 30.00 feet distant and parallel
to the north line of the northwest one -quarter of said Section 7,
a distance of 2391.41 feet;
Thence S00°24'30''W, along a line 30.00 feet distant and parallel
to the west line of the northwest one-quarter of said Section 7, a
distance of 2674.63 feet;
Thence N89°35'57"W a distance of 30.00 feet to the west one-
quarter corner of said Section 7;
Thence N00°24'30''E, along the west line of the northwest one-
quarter of said Section 7, a distance of 2704.99 feet to the POINT
OF BEGIKNING;
Said tract containing 9. 277 acres more or less, and having a
perimeter of 15,585.01 feet
LEGAL DESCRIPTION: ANNEXATION PARCEL NO. 2
A tract of land located in the southwest one-quarter of Section
7, Township 2 North, Range 67 West of the 6th P.M., and the east
one-half of Section 12 and the east one-half of Section 1,
Township 2 North, Range 68 West of the 6th P.M., County of Weld,
State of Colorado, described as follows:
Beginning at the southeast corner of said Section 1, said corner
being the POINT OF BEGINNING, from which the east one-quarter
corner of said Section 1 bears N00°22'35''E a distance of 2754.28
feet;
Thence S00°24'30''W, along the east line of the northeast one-
quarter of said Section 12, a distance of 2704.99 feet to the
east one-quarter corner of said Section 12;
Thence S89°35'57''E a distance of 30.00 feet to a point on the
easterly right of way line of Weld County Road 13;
Thence S00°23'36''W, along said easterly right of way line, a
distance of 2703.62 feet;
Thence N89°12'll''W a distance of 60.00 feet to the westerly
right of way line of Weld County Road 13;
Thence N00°23'36''E, along said westerly right of way line, a
distance of 2703.20 feet;
Thence N00°24'30''E, continuing along said westerly right of way
line, a distance of 2704.99 feet;
• J
Thence N00°22'35''E, continuing along said westerly right of way
line, a distance of 1979.85 feet;
Thence S87°20'47''E, departing said westerly right of way line, a
distance of 30.02 feet to the east line of the southeast one-
quarter of said Section 1;
Thence S00°22'35' 'W, along said east line, a distance of 1978.67
feet to the POINT OF BEGINNING;
Said tract containing 6.950 acres more or less, and having a
perimeter of 14,895.34 feet
LEGAL DESCRIPTION: ANNEXATION PARCEL NO. 3
A tract of land located in the southwest one-quarter and the
southeast one-quarter of Section 6, Township 2 North, Range 67
West of the 6th P.M., County of Weld, State of Colorado,
described as follows:
Commencing at the southwest corner of said Section 6, from which
the west one-quarter corner of said Section 6 bears N00°22'35''E
a distance of 2754.28 feet. Thence N00°22'35''E a distance of
12.26 feet along the west line of the southwest one-quarter of
said Section 6 to ~he POINT OF BEGINNING;
Thence N00°22'35''E a distance of 1966.41 feet along the west
line of the southwest one-quarter of said Section 6;
Thence S87°20'55''E, departing said west line, a distance of
64.23 feet to a point of non-tangent curvature;
Thence ~long a curve to the right a distance of 1101.76 feet,
said curve having a radius of 1413.73 feet, a central angle of
44°39'08'', and a chord which bears N46°28'10''E a distance of-
1074.09 feet to a point of non-tangency;
Thence S87°20'55''E a distance of 1625.96 feet along the east-
west centerline of said Section 6 to the center of said Section
6;
Thence S01°14'59''W a distance of 1343.50 feet along the north-
south centerline of said Section 6 to the north line of the south
one-half of the southeast one-quarter of said Section 6;
Thence S87°44'39''E a distance of 500.44 feet along a segment of
the north line of the south one-half of the southeast one-quarter
of said Section 6;
Thence S30°21'00''W, departing said north line, a distance of
1505.21 feet;
:--1 111111 IIIII IIIIII IIII IIIIIII Ill llllllrlll Hiil 11111111 \1
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Thence N87°34'0l''W a distance of 1617.26 feet to a point of
curvature;
Thence along a curve to the left a distance of 183.76 feet, said
curve having a radius of 1500.00 feet, a central angle of
07°01'09'', and a chord which bears S88°55'22''W a distance of
183'.65 feet, to a point of tangency;
Thence S85°24'5l''W a distance of 392.05 feet to the POINT OF
BEGINNING.;
Said tra,::t containing 148. 309 acres more or less, and having a
perimeter of 10,300.57 feet.
11111111111
1
1 11111111111111111 Ill lllllll Ill 1111111111111 1 2!591396 0'1/29/1998 11: 46A Weld County CO
i 6 o, 6 R 31.llllll D lll.llllll JA Suki Tsukamoto
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ORDINANCE No.~'19J
TOWN OF FIRESTONE, COLORADO
AN ORDINANCE 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 1998 BUDGET YEAR.
WHEREAS, the Board of Trustees has adopted the.annual budget in accordance
with the Local Government Budget Law, on December 4, 1997, and;
WHEREAS, the Board of Trustees has made provision therein for revenues in an
amount equal to the total proposed expenditures as set forth in said budget, and;
WHEREAS, ii is required by law, but also necessary to appro~~~-te 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 ORDAINED 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, to each fund, for the purposes stated:
General Fund
Total General Fund $385,846
Park Fund
Total Park F_und $ 45 891
. Conservation Trust Fund
Total Conservation Trust Fund $ 64 479
Sime! and Highway Fund
Total Street and Highway Fund $ 92,641
. Water Fund
Total Water Fund $305,435
· Capital Improvement Fund
l'otal Improvement Fund $ 0,000
APPROVED, ADOPTED, SIGNED, AND ORDERED PUBLISHED BY THE
BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, THIS
FOURTH DAY OF DECEMBER, 1997.
By: 'fl-1~ -
Mayor
I llllll lllll llllll llll lllllll l!!ll lllll 1111111111111111
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ORDINANCE NO. ,J-'//
AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE DEL
CAMINO CENTRAL ANNEXATION NO. 1 TO THE TOWN OF FIRESTONE,
COLORADO
WHEREAS, a petition for annexation of certain unincorporated
property, to be known as the Del Camino Central Annexation No. 1,
to be the first of two parcels to be annexed in a series, and
described in Exhibit A attached hereto, has been filed with the
· Town Board of the Town of Firestone; and
WHEREAS, pursuant to §31-12-108 to -110, the Town Board on
October 23, 1997, held a duly-noticed public hearing to consider
the proposed annexation; and
2.4 I
WHEREAS, notice of the hearing was published September 17 and
and October 1 and 8, 1997, int.he Farmer &.Miner Newspaper; and
WHEREAS, the Town Board, by resolution, has determined that
the petition is in substantial compliance with the applicable laws
of the State of Colorado, that the area proposed to be annexed is
eligible for annexation, and further has determined that an
election is not required, and further found that no additional
terms and conditions are to be imposed upon said annexations except
any provided for in said petition.
NOiv, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The annexation to the Town of Firestone of the
property described in Exhibit A, attached hereto and incorporated
herein by this reference, and known as the Del Camino Central
Annexation No. 1, is hereby approved and such property is made a
part of and annexed to the Town of Firestone.
Section 2. The annexation of said territory is subject to the
conditions provided for in the petition for annexation of said
property filed with the Town of Firestone.
INTRODUC~, READ, AD~RD, APPROVED AND ORDERED PUBLISHED IN
FULL this /; day of ~/~ , 1997.
At~
~
Town Clerk
111197/1330!ajl]c:Fir~at~\Delcaml.ord
TOWN OF FIRESTONE, COLORADO
terson
-="', ie,.,_ "T . o .. ~.
( 1111111 111111111111111 IIIIIII IIIII IIIII Ill 1111111111111
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EXHIBIT A
Legal Description: Del Camino Central Annexation No. l
THE NORTH 30.00 FEET OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST
AND THE NORTH 30.00 FEET OF THE NORTHEAST ONE-QUARTER SECTION 12,
TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO.
CONTAINS 5.30 ACRES MORE OR LESS
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2!91387 01/29/1998 11:3!A Weld County CO
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~----ORDINANCE NO.
AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE DEL
CAMINO CENTRAL ANNEXATION NO. 2 TO THE TOWN OF FIRESTONE,
COLORADO
WHEREAS, a petition for annexation of certain unincorporated
property, to be known as the Del Camino Central Annexation No. 2,
to be the second of two parcels to be annexed in a series, and
described in Exhibit A attached hereto, has been filed with the
Town Board of the Town of Firestone; and
WHEREAS, pursuant to §31-12-108 to -110, the Town Board on
October 23, 1997, held a duly-noticed public hearing to consider
the proposed annexation; and
WHEREAS, notice of the hearing was published September 17 and
24, and October 1 and 8, 1997, in the Farmer & Miner Newspaper; and
WHEREAS, the Town Board, by resolution, has determined that
the petition is in substantial compliance with the applicable laws
of the State of Colorado, that the area proposed to be annexed is
eligible for annexation, and further has determined that an
election is not required, and further found that no additional
terms and conditions are to be imposed upon said annexations except
any provided for in said petition.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The annexation to the Town cf Firestone of the
property described in Exhibit A, attached hereto and incorporated
herein by this reference, and known as the Del Camino Central
Annexation No. 2, is hereby approved a~d such property is made a
part of and annexed to the Town of Firestone.
Section 2. The annexation of said territory is subject to the
conditions provided for in the petition for annexation of said
property filed with the Town of Firestone.
INTRODUCED, READ, AD~fiD,:1'P:WVED AND ORDERED PUBLISHED IN
FULL this /1-pe-day of mL'~ , 1997.
TOWN OF FIRESTONE, COLORADO
Attest: ~
Town Clerk
111197/1330[sjl]c:Fireston\De1Cam2.ord
• 111111111111 llllll llli lllllll illll llUIDllll llll lllf
2!591387 01/29/199! 11,:3!5A Welc! County CO
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EXHIBIT A
Legal Description: Del Camino Central Annexation No. 2
That part of Sections 6 and 7, Township 2 North, Range 67 West
and part of Sections 1, 2, 11 and 12, Township 2 North, Range 68
west of the 6th Principal Meridian, Weld County, Colorado described
as: Beginning at the Southeast Corner said Section 6, Township 2
North, Range 67 west; thence N88°24'44"W along the South line
Southeast one-quarter said Section 6 a distance of 2640.39 feet to
the South one-quarter Corner said Section 6; thence N89°10' 20"W
along the South line Southwest one-quarter said Section 6 a
distance of 2421.94 feet to the Southeast Corner said Section 1,
Township 2 North, Range 68 West; thence S89°55'25"W along the South
line Southeast one-quarter said Section 1 a distance of 2636.76
feet to the South one-quarter corner said Section 1; thence
soo 0 00'00"E along the East line Northwest one-quarter said Section
12, Township 2 North, Range 68 West a distance of 30.00 feet to a
point on the South Right-of-way line of Weld County Road 24; thence
N89°38' 34 "W parallel with the North line Northwest one-quarter said
Section 12 and along said Right-of-way line a distance of 2742.36
feet more or less to a point on the East line Northeast one-quarter
said Section 11, Township 2 North, Range 68 West; thence
N89°14' 49"W parallel with the North line Northeast one-quarter said
Section 11 and along said Right-of-way line a distance of 2587.85
feet more or less to a point on the East line Northwest one-quarter
said Section 11, thence N89°17'47"W parallel with the North line
East one-half Northwest one-quarter said Section 11 and along said
Right-of-way line a distance of 1298.62 feet more or less to a
point on the west line said East one-half Northwest one-quarter
said Section 11; thence N01°11' 22"E along said West line a distance
of 30.00 feet to the Southwest Corner East one-half Southwest one-
quarter said Section 2, Township 2 North, Range 68 West; thence
N01°11'22"E along the West line said East one-half Southwest one-
quarter a distance of 2634.45 feet to a point on the South Right-
of-way line of Weld County Road 24-1/2, said point being 30.00 feet
South of th Northwest Corner said East one-half Southwest one-
quarter, thence S89°07' 31 "E along said Right-of-way line and
parallel with the North Line said East one-half Southwest one-
quarter a distance of 281.95 feet, thence N00°17'52"W a distance of
358. 35 feet, thence S89°36' 21 "E a distance of 240. oo feet, thence
S01°44'00"W a distance of 360.32 feet to a point on the South
Right-of-way line of Weld County Road 24-1/2, said point being
30.00 feet South of the North line East one-half Southwest one-
quarter said Section 2, thence S89°07'3l"E along said Right-of-way
line and parallel with the North line said East one-half Southwest
one-quarter a distance of 799.51 feet to a point on the West line
west one-half Southeast one-quarter said Section 2, said point
being 30. oo feet South of the Northwest Corner West one-half
Southeast one-quarter said Section 2, thence continuing S89°07'31"E
along said Right-of-way line and parallel with the North line said
West one-half Southeast one-quarter a distance of 1270.56 feet to
a point on the West Right-of-Way line of Weld County Road 9-3/4,
said point being 30.00 feet West of the East line west one-half
'1111-llfiilli lfllll lifllllllll 11111 IIIII Ill lllll lllllilf ~\
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Southeast one-quarter said Section 2, thence S0l 0 33' 40 "W along said
West Right-of-way line and parallel with the East line said West
one-half Southeast one quarter a distance of 2598. 04 feet to a
point on the North Right-of-way line of Weld County Road 24, said
point being 30. 00 feet North of the South line Southeast one-
quarter said Section 2, thence S89°14'49"E along said Right-of-way
line and parallel with said South line a distance of ,1323.52 feet
more or less to a point on the West line Southwest one-quarter said
Section 1, Township 2 North, Range 68 West, thence S89°38' 34"E
parallel with the South line Southwest one-quarter said section 1
a distance of 2742.36 feet more or less to a point on the west. line
Southeast one-quarter said Section 1; thence N89°55'25"E parallel
with the South Line said Southeast one-quarter and along said
Right-of-way line a distance of 2636. 76 feet more or less to a
point on the West line Southwest one-quarter said Section 6,
Township 2 North, Range 67 West; thence S89°10'20"E parallel with
the South line Southwest one-quarter said Section 6 and along said
Right-of-way line a distance of 2421. 94 feet more or less to a
point on the West line southeast one-quarter said Section 6; thence
S88°24' 44 "E parallel with the South line Southeast one-quarter said
Section 6 and along said Right-of-way line a distance of 2640.39
feet more or less to a point on the East line Southeast one-quarter
said Section 6; thence S01°14' 53"W along the East line said
Southeast one-quarter a distance of 30. 00 feet to the Point of
Beginning.
Contains 169.86 Acres more or less.
Basis of Bearings: The south line Southeast one-quarter Section 6,
Township 2 North Range 67 West of the 6th Principal Meridian is
assumed to bear N88°24'44"W.
w 1)
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p {) Box 100
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5
ORDINANCE NO. _£ g3
AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF
FI::l.ESTONE AND KNOWN AS THE DEL CAMINO CENTRAL ANNEXATION.
WHEREAS, petitions for annexation of certain property,
described in Exhibit A attached hereto and made a part hereof, and
known as the Del Camino Central Annexation No. 1 and the Del Camino
Central Annexation No. 2, were filed with the Board of Trustees of
the Town of Firestone; and
WHEREAS, the property was annexed to the Town by ordinance;
and
WHEREAS, the Board of Trustees must provide for the zoning of
the property; and
WHEREAS, the Board of Trustees provided notice of the public
hearing on said zoning by publication as provided by law; and
WHEREAS, no protests were received by the Town pursuant to
) C.R.S. §31-23-305; and
I
WHEREAS, the landowners of the property requested a Planned
Unit Development zoning classification and have submitted an
Outline Development Plan in connection with the zoning request; and
WHEREAS, the landowners further requested approval of a
special review use concurrent with the approval of Planned Unit
Development zoning, to allow continued mining of sand and gravel
upon the property; and
WHEREAS, a Planned Unit Development zoning classification is
consistent with the Town's plan for the area encompassed by the Del
Camino Central Annexation No. 2, and a residential zoning
classification is appropriate for the Del Camino Central Annexation
No. 1, which consist solely of road right-of-way; and
WHEREAS, the Firestone Planning Commission has held a public
hearing on the landowner's zoning request and forwarded its
recommendation to the Board of Trustees, and the Board of Trustees
has du:y considered that recommendation; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. That certain property known as the Del Camino
Central Annexation No. 1, the legal description of which is set
forth in Exhibit A attached hereto and made a part hereof, is
hereby zoned R-1 (Residential) pursuant to the zoning ordinances of
the Town, and the Town zoning map shall be amended accordingly.
1
' lllslJ~all[IJ,J~,J!J lll~~l!l,!)!ll~~l,!l~Jlll 1111 . , "1
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Section 2. That certain property known as the Del Camino
Central Annexation No. 2, the legal description of which is set
forth in Exhibit A attached hereto and made a part hereof, is
hereby zoned PUD -Planned Unit Development Zone District pursuant
to the zoning ordinances of the Town and in accordance with the Del
Camino Central PUD Outline Development Plan approved by the Board
of Trustees and on file with the Town, and the Town zoning map
shall be amended accordingly.
Section 3. There is hereby approved as a special review
use for the Del Camino Central Annexation No. 2 property the mining
of such property in conformance with Special Use Permit USR-
636: 84: 32 (Weld County, approval date September 12, 1984), all
other existing approvals, and all other local, state, and federal
laws and regulations. Any change from existing approvals shall
require additional special review use approval_from the Town.
INTRODUCED, READ,yl),lqPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this li!!' day of i&t'4tt--d:w , 1997.
TOWN OF FIRESTONE, COLORADO
Rick Patterson
~~~l\.M or
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Attest:
SP.AL.
I / .... ~..,.. / Ld,~~~~~c!..._-----lh:° ·,. ....-
T.
Town
llll97/1407[sjl]c:Fireston\Firedev4.ord
:' 11111111111111111111111111111 lllll lllll lj\ 1111111111111. 1
' 2!91388 01/29/1998 11:40A Weld Cou"ty CO . .
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2
•
EXHIBIT A
DEL CAMINO CENTRAL ANNEXATION TO TOWN OF FIRESTONE
LEGAL DESCRIPTION: ANNEXATION PARCEL NO. 1
THE NORTH 30.00 FEET OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST
AND THE NORTH 30.00 FEET OF THE NORTHEAST ONE-QUARTER SECTION 12,
TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO.
CONTAINS 5.30 ACRES MORE OR LESS
LEGAL DESCRIPTION: ANNEXATION PARCEL NO. 2
That part of Sections 6 and 7, Township 2 North, Range 67 west
and part of Sections 1, 2, 11 and 12, Township 2 North, Range 68
West of the 6th Principal Meridian, Weld County, Colorado described
as: Beginning at the. Southeast Corner said Section 6, Township 2
North, Range 67 west; thence N88°24'44"W along the South line
Southeast one-quarter said Section 6 a distance of 2640.39 feet to
the South one-quarter corner said Section 6; thence N89°10' 20"W
along the South line Southwest one-quarter said Section 6 a
distance of 2421. 94 feet to the Southeast Corner said Section 1,
Township 2 North, Range 68 West; thence S89°55' 25"W along the South
line Scutheast one-quarter said Section 1 a distance of 2636.76
feet to the South one-quarter corner said Section l; thence
soo 0 00•00 11 E along the East line Northwest one-quarter said section
12, Township 2 North, Range 68 west a distance of 30.00 feet to a
point on the South Right-of-way line of Weld County Road 24; thence
N89°38' 34"W parallel with the North line Northwest one-quarter said
Section 12 and along said Right 0 of-way line a distance of 2742.36
feet more or less to a point on the East line Northeast one-quarter
said section 11, Township 2 North, Range 68 West; thence
N89°14' 49"W parallel with the North line Northeast one-quarter said
Section 11 and along said Right-of-way line a distance of 2587.85
feet more or less to a point on the East line Northwest one-quarter
s~aid Section 11, thence N89°17'47"W parallel with the North line
East one-half Northwest one-quarter said Section 11 and along said
Right-cf-way line a distance of 1298. 62 feet more or less to a
point on the west line said East one-half Northwest one-quarter
said Section 11; thence N01°11' 22"E along said West line a distance
of 30.00 feet to the Southwest Corner East one-half Southwest one-
quarter said Section 2, Township 2 North, Range 68 West; thence
N01°11'22"E along the West line said East one-half Southwest one-
quarter a distance of 2634.45 feet to a point on the South Right-
of-way line of Weld County Road 24-1/2, said point being 30.00 feet
South of th Northwest Corner said East one-half Southwest one-
quarter, thence S89°07' 31 "E along said Right-of-way line and
parallel with the North Line said East one-half Southwest one-
quarter a distance of 281. 95 feet, thence N00°17' 52 "W a distance of
3
. 111111111111111111 illl llllllf illlfllllllll11!11 UII ~I
2~91388 01/29/1998 11:40A Weld Counly CO 1
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358.35 feet, thence S89°36'2l"E a distance of 240.00 feet, thence
S01°44'00"W a distance of 360.32 feet to a point on the South
Right-of-way line of Weld County Road 24-1/2, said point being
30.00 feet South of the North line East one-half Southwest one-
quarter said Section 2, thence S89°07'3l"E along said Right-of-way
line and parallel with the North line said East one-half Southwest
one-quarter a distance of 799.51 feet to a point on the West line
West one-half Southeast one-quarter said Section 2, said point
being 30. 00 feet South of the Northwest Corner West one-half
Southeast one-quarter said Section 2, thence continuing S89°07' 31 "E
along said Right-of-way line and parallel with the North line said
West one-half Southeast one-quarter a distance of 1270.56 feet to
a point on the West Right-of-Way line of weld County Road 9-3/4,
said point being 30.00 feet West of the East line West one-half
Southeast one-quarter said Section 2, thence S01°33'40"W along said
West Right-of-way line and parallel with the East line said West
one-half Southeast one quarter a distance of 2598. 04 feet to a
point on the North Right-of-way line of Weld County Road 24, said
point being 30. 0G feet North of the South line Southeast one-
quarter said Section 2, thence S89°14'49"E along said Right-of-way
line and parallel with said South line a distance of 1323.52 feet
more or less to a point on the West line Southwest one-quarter said
Section l, Township 2 North, Range 68 west, thence S89°38' 34"E
parallel with the South line Southwest one-quarter said Section 1
a distance of 2742.36 feet more or less to a point on the west line
Southeast one-quarter said Section l; thence N89°55'25"E parallel
with the South Line said southeast one-quarter and along said
Right-of-way line a di~tance of 2636. 76 feet more or less to a
point on the West line Southwest one-quarter said Section 6,
Township 2 North, Range 67 West; thence S89°10'20"E parallel with
the South line Southwest one-quarter said Section 6 and along said
Right-of-way line a distance of 2421.94 feet more or less to a
point on the West line southeast one-quarter said Section 6; thence
S88°24' 44"E parallel with the South line Southeast one-quarter said
Section 6 and along said Right-of-way line a distance of 2640.39
feet more or less to a point on the East line Southeast one-quarter
said section 6; thence so1°14'53"W along the East line said
Southeast one-quarter a distance of 30. 00 feet to the Point of
Beginning.
Contains 169.86 Acres more or less.
Basis of Bearings: The South line Southeast one-quarter Section 6,
Township 2 North Range 67 West of the 6th Principal Meridian is
assumed to bear N88°24'44"W.
Tlillll llfll~ 11111111~ 1111111 lllf r1111rm11r1111lllT~ ·
2S91388 01/29/1998 11:40A Weld County CO
4 of 4 R 21. 00 D 0. 00 JA Suki Tsukamoto i
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ORDINANCE NO. $ f L/
AN ORDINANCE EXTENDING THE CURRENT CABLE TELEVISION
FRANCI-IlSE FOR A PERIOD OF SIX (6) MONTHS.
WHEREAS, by Ordinance No. 160 dated February 10, 1981, the Town granted a cable
telewion franchise which is c111Tently held by TCI Cablewion of Colorado, Inc.; and
WHEREAS, by Ordinance No. 321 dated January 121, 1996, the town granted an
extension of ,the tenn of the cable telewion franchise for a period of one year to allow
additional time to proceed with the franchise renewal process; and
WHEREAS, by Ordinance No. 351 dated January 9, 1997, the town granted an extension
of the term of the cable television franchise for a period of six (6) months to allow more
additional time to proceed with the franchise renewal process; and
WHEREAS, by Ordinance No. 370 dated July 24, 1997, the town granted an extension of
the term of the cable tele'llision franchise for a period of six ( 6) months to allow more
additional time to proceed with the franchise renewal process; and
WHEREAS, the Town and TCI Cablevision of Colorado, Inc. desire to further extend the
term of the cable telewion franchise for a period of six (6) additional months to allow
more additional time to proceed with the franchise renewal process.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The Town hereby approved the temporary extension of the Cable Telewion
Franchise granted by Ordinance No. 160, which franchise is c111Tently held by TCI
Cablewion of Colorado, Inc., as successor in interest thereto, for a period of six (6)
months from its present expiration date of February 10, 1998 to August 10, 1998.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this ~day of_a~~tb-----' 1998.
I
I
TOWN OF FIRESTONE, COLORADO
.-~ow,v -. SEAL
\ Rick Patterson, Mayor
ATTEST:
\ ~ . .... ..•·"
~
ORDINANCE NO.
AN ORDINANCE CONCLUDING A MUNICIPAL LEASE-P~CHASE AGREEMENT FOR A
ROAD GRADER TO BE USED FOR MAINTENANCE OF TOWN STREETS.
WHEREAS, the Town is authorized by applicable law to acquire
street maintenance equipment and enter leases for the same, which
lease may include an option to purchase and acquire title to the
leased property; and
WHEREAS, the Board of Trustees has determined that there
exists a true and es.sential need for the acquisition of a road
grader for use in the efficient and proper.maintenance of Town
streets; and
WHEREAS, the Town has undertaken the necessary steps and
procedures under applicable law to arrange for acquisition of a
road grader; and
WHEREAS, the Board of Trustees has determined it is in the
best interest of the Town and its citizens to acquire a road grader
through the lease contemplated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The Governmental Lease-Purchase Agreement
between the Town and Caterpillar Financial Services Corporation for
Town acquisition of a road grader is hereby approved in essentially
the same form as the copy of the Agreement and supporting documents
accompanying this Ordinance. The Agreement and supporting
documents have been deposited with the Town Clerk/Administrator and
are available for public inspection:
Section 2. The Mayor and Town Clerk/Administrator are
authorized to execute and deliver on behalf of the Town the Lease-
Purchase Agreement and all other documents necessary to implement
the Lease-Purchase Agreement and acquire the vehicle, and are
further authorized to negotiate and approve on behalf of the Town
such revisions to· the Lease-Purchase Agreement as determined
necessary or desirable for the protection of the Town, so long as
the essential terms and.-conditions of the Lease-Purchase Agreement
are not altered.
Section 3. All actions heretofore taken by the Mayor and
Town Clerk/Administrator in furtherance of the Lease-Purchase
Agreement are hereby ratified and affirmed.
Section 4. The Lease-Purchase Agreement and the Town's
obligation thereunder to make lease payments are hereby designated
a "qualified tax-exempt obligation" for the purpose and within the
1
meaning of Section 265 (b) (3) of the Internal Revenue· Code. The
Board of Trustees finds and determines that the reasonably
anticipated amount of qualified tax-exempt obligations which have
been and will be issued by the Town does not exceed $10,000,000.00
for the calendar year within which the Lease-Purchase Agreement is
to be a "qualified tax-exempt obligation" ·pursuant to Section
2 6 5 (b) ( 3) of the Internal Revenu.e Code. ·
Sections. If any article, section, paragraph, sentence,
clause, or phrase of this ordinance is held to be unconstitutional
or invalid for any reason, such decision shall not affect the
validity or constitutionality of the remaining. portions of this
ordinance. The Board of Trustees hereby declares that . it would
have passed this ordinance and each part :or parts hereof
irrespective of the fact that any one part or parts be declared
unconstitutional or invalid.
Section 6. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
conflict.
. INTRODUCEJ), .READ, · OPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this dl_~ay of.--,"'~~~~.,._ ___ , 1998.
TOWN OF FIRESTONE, COLORADO
Attest·: -. SE~~l
\ ......... '"'' ... •··
Town
Oll998/1453{ej1Jc:Fireston\Grader.ord
2
CATERPILLAR FINANCIAL SERVICES CORPORATION GOVERNMENTAL LEASE-PURCHASE AGREEMENT
Dated as of-----~--------->--I . ..:.. •
LESSEE: TOWN OF FIRESTONE, COLORADO
•A political Egency or subdivision of the State of COLORADO•
ADDRESS: F·O BOX 100
FIRESTONE, CO 80520
LESSOR:
ADDRESS:
CATERPILLARFINANCIALSCOOPY
4975 Preston Park Blvd.
Plano, TX 75093
Lessor, in re iance on Lessee's selectio:i of the equipment described below ("i.Jnit" or "Units"), agrees to acquire, lease, let and sell the Units to
Lessee, and Lessee agrees to rent, lease, hire and purchase the Units from Lessor.
Description of Unlt(s)
( 1) 1o+3H Caterpillar MOTOR GRADER
-Y-c,.....,r,O( t"ir'f-..-lore..-?1,1J);c:. vwrh7S'i,,.',lc.l;nr,:;/
·'3ot &,o.,,'-..+ A\/ e. •
Location of Lrnit(s): -€0UN:P/ COl:J~
FIRESTONE, CO 8·J520 WEte-
Payment Schedule attached.
PAYMENT PROVISION:
Lease Term: 60 Months Credit Utilization Date; MARCH 31, 1998
Serial#
1AL00456
Lessee shall pay to Lessor payments {including t!".e principal and i~terest portion) in 60 consecutive monthly installments commencing the month
after the DeliJery Date,
ADDITIONAL PROVISIONS: RIDERS:
EXHIBIT 2 Construction Equipnent Application Survey Rider
TERMS AND CONDITIONS
1. LEASE TERM: NON-APPROPRIATIONS: The Lease term for each Unit shall commence on its "Delivery Date" !which is the later of the date on which
/a) Lessor executes this Leese, (bl lessor tt,kes tit!e to the Unit, or {c) lessee or its agent receives possession or takes control of the Unit, provided the
Delivery Date is cm or prior to the Credit Utiliiation Date set forth_above) and shall continue through the last day of lesse·e•s fiscal year in which the Delivery
Date occurs and, thereafter, shall automatically be extended for successive arinual periods coinciding with Lessee's fiscal years. If the Delivery Date is not
on or prior to the Credit Utiliza1ion Date, Lessee shall, at tho option of Lessor, assume lessor's obligations to purchase and pay for tho Unit. Within seven
days following the Delivery Date of each Unit, Lessee-shall execute and deliver to Lessor a Delivery Supplement using Lessor's standard form. In the event
no funds or insuflicient funds are appropriated and budgeted or are otherwise not available in any fiscal year for payments due under this Lease, Lessee will
irrimediatel"( notif" Lessor of such occurrence and this Lease shall terminate on th8 last day of the fiscal year for which appropriations were received without
penalty or expense to Lessee, except as to tile portions of payments ·herein agreed upon for which funds shall have been appropriated and budgeted or are
otherwise available. Notwithstanding the foregoing, Lessee agrees that, to the extent permitted by law, it will not cancel the Lease under tho provisions
of this Section 1 if any fUnds are appropriatiid to it or by it for the acquisition, retention or operation of the Units or other equipment performing functions
similar to the Units for the fiscal year in which termination occurs or the next succeeding fiscal year.
2. PAYMENTS; tJET LEASE: IJuring the Le~se term, Lessee shall pay to Lessor, at the address State_d above or such other location Lessor designates in
writing, rer,t for e:1ch Unit as stated in the a:tached Payment Schedule and according to the above Payment Provision. An amount equal to one payment
for all of the Units must accompany this Lease. If Lessor accepts and executes this lease, said amount shall be applied to the first payment due. lflessor
does not eltecute this Lease, said amount will be returned to Lessee. If Lessor does not receive a payment on the date it is due, lessee shall pay to Lessor,
on demand, a lats payment charge equal tc the lesser of five percent (5%) of the payment not paid when due or the highest charge allowed by law,
whichever is less. This Lease is a not lease, and Lessee shall not be entitled to any abatement or reduction of payment or any setoff against payment,
whether arising by reason of any past, present or future claims of any nature by Lessee against Lessor or otherwise. Except as otherwise expressly provided
herein, the obligations of Lessor and Lessee shall not be affected by an defect in, damage to, loss of possession or use of any Unit, however caused, by
the attachment of any lien or other claim to any Unit, by any interference with Lessee's use of the Unit, or for any other cause, whether similar or dissimilar
to the foregoing, any present or future law t-J the comrary notwithstanding.
3. WARRANTY DISCLAIMER: lessee ackno....-ledges and agrees that (a) each Unit is of a size, design and make selected by Lessee, {b) each Unit is suitable
for Lessee's purpcses, {c) each Unit contains all safety features deemed necessary by lessee, (d) Lessor is not the manufacturer of any Unit, (e) the vendor
of any Unit 1s not en agent of lessor, and (I) LESSOR HAS NOT MADE, AND DOES NOT HEREBY MAKE, ANY REPR~SENTATION OR WARRANTY, EXPRESS
OR IMPLIED, WIT:-1 RESPECT TO THE MERCHANTABILITY, CONDITION, QUALITY, DESCRIPTION OR DURABILITY OF A UNIT, OR ITS FITNESS FOR A
PARTICULAR PUFPOSE. Lessor assigns to Lessee, to the extent assignable, any warranties of a Unit by its manufacturer and/or vendor, provided that any
action taken by LE-ssee by reason thereof shall be at the expense of Lessee.
4, POSSESSION, USE AND MAINTENANCE: Lessee shall not (a) use, operate, maintain or store any Ur.it improperly, carelessly, unsafely or in violation
of any applicable I.aw or regulation or for any purpose other than in the conduct of Lessee's business; {b) abandon any Unit; (c) sublease any Unit, permit
tho use of any Unit by anyone other than Lessee, change the use of any Unit from that specified in tho attached Application Survey/Usage Rider, or change
the location ol an\· Unit from that specified above, without the prior wrinen consent of Lessor, or Id) sell, assign or transfer, or directly or indirectly create
or suffer to exist any lien, claim, security interest or encumbrance on any of its rights hereunder or ill any Unit. The Units are and shall remain personal
property irrespect·ve of their use or manner of attachment to realty. Upon prio_r notice to Lessee, Lessor or its agent shall have the right (but not the
obligation) at all reasonable times to inspect any Unit and maintenance records relating thereto, Lessee shall, at its expense and at all times during the Lease
term, maintain
SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS
!..ESSEE ACKNOWLEDGES HAVING RECEIVED A FULLY COMPLETED'AND EXECUTED COPY OF THIS AGREEMENT
lessee: TOWN OF FIRESTONE, COLORADO Lessor: CATERPILLAR FINANCIAL SERVICES CORPORATION
By-------------------By
Name (PRINT) _______________ _ Name (PRINT} _________________ _
Title _________________ _ Title
the Units In good operating order, repair and condition and shell perform. maintenance et least e5 frequently 85 set forth in any applicable operator's guide, service manual, and
lubrication end melntenanci,guide for lhe Uni1s. Lessee shall not alter any Unit or affix any accessory or equipment to any Unit if such alteration or addition would Impair lhe originally
intended function or use or reduce the vatue of such Uni1. Any alte1ation or addition 10 any Unit shall be the responsibility of and at the sole risk ot Lnsa11. All pa(IS, acgessories
and equipment affix11dto any Unit shall be subject to the securityinternstof Lessorgran!edhernunder. JI Lessor supplies Lessee with labels stating that the Unit is leased from LaSsor,
Lessee shall atlix and keep them in a prominent place on the Unit.
' 5.-LESSEE'S.~EPRESENJATION AND WARRANTIES: Lessee represents and warrants to Lessor that (a) Lessee is a fully constituted political subdivision or agency duty organized
and existing Under the Col1stituiion and laws ol the state whe1a the Units will be located; (bl Lessee has the power to enter into end perform this Lease and has taken all necessary
and appropriate action to authorile the ex11cution, de!ive1y and pe1formance hereof; Jc) this Lease constitutes a valid and legally binding and enforceable obligation of Lessee; (d)
the interest payable by Lessee hereunder is exctudabtelrom income fo1 Federal income taxation purposes pursuant lo Section 103 of the Internal Revenue Code ol 1988, as amended
I the ·coda·i; and le) Lessee has sufficient appropriations or othe1 funds available to pay all amounts due he1eunder for the current fiscal year and reasonably believes that funds
can be obtained sufficient to make all payments during the 1erm of this Lease. Lessee represents that the use ol the Units is essential to Lessee's proper, ofliciont and economic
operation. Lessee acknowledges and agrees that the payments have been calcul.itedby Lessor assuming that the interest po,tlonol each payment is excludable from gross income
lor Federal income taxation pu1poses. Lessee represents, warrants and covenants that: (al Lasso11 will comply with the informa1ion 1aporting requiremontsol Section 149(8) ol tha
Code, as tho same may be amended from 1im11 to time, and such compliance shall include but not be limited to the <1xecu1ionof informa1ionstatamentsrequost<1dby Lessor; (bl Lessee
will not do or cause to be done any act which wilt cause, or by omission of any act allow, the Lease to be an arbil!age bond within the moaning of Section 148(aJ of the Coda; (c)
Lessee will not do or cause to be Oona any act which will cause, or by omission ol any act allow this Lease to be a private activity bond within Iha meaning of Section 141 Jal o!
the Code; Id) Le55ee wilt timely pay to the extent of available funds, amounts required to be rebated to Iha United States pursuant to Section 148lf) of the Code; lei Lessee will
not do or cause to be done any act which will cause, or by omission of ,my act al!ow, the interest portion of the payments to be or become lncludable in oross Income for Fedeta1
i11come 1axationpurposes under the Code; and (I) Lesseewitl be 1he axclusiveowner, user and operator of tho Units, Lessee shall provide to Lessor an opinion ot counsel subsl3ntially
in tho form attached hereto.
6. TAXES: Lessee aorees 10 promptly pay or raimburSQ lasso, for all foes and taxes of any nature, tooether with any pena!ties, lines or additions to lax, or interest thereon (all ol
the foregoing hereafter 1he "Impositions"). a1ising al any time prior to, during or subsequent 10 the Lease term and levied by any taxino authority with respect to or in connection
with any Unit, exc!uding,however, ta~es measured by Lessor's net income (ol but not excluding any net income taxes which, by the term o! the statue imposing such ta~, expressly
relieve Lessee or Lessor from the payment of any Impositions which Lessee would otherwise be obligated to pay or roimbursef. II Lessor is not entitled to a corresponding and equal
deduction with respect 10 any Imposition which Lessee is required to pay or reimburse and such payment or reimbursem,m1consti1uu,sincome to Lessor, then Lessee shall also pay
to Lessor tho amount ol any Impositions which Lessor is obligated to pay in respoctot (a) such payment or reimbursement by Lessee and (bf any payment by Lessee made pursuant
to this sentence. Laue a shalt prepar11 and lila, in e manner satisfactory to Lesso,, any reports or returns which may be 1equired wnh respect 10 Iha Units. For purposes or !his
Section, •Lessor' shall inctuuo any affiliated oroup, within the meaning of Section 1504 of the Code, of which Lessor is e mamba, for any year in which a consolidau1dor combin11d
income tax re tum is fl!od 101 the alfi!iated group.
7. LOSS OR DAMAGE; INSURANCE: Lessee assumes all risks and liabilities of toss, damage or Casualty Occurrence (as hereinafter defined) for any cause whatsoever, for
condemnation of any Un11 prior to, during or subsequent to (until the Unit is returned to Lessor pursuant to Section 10) 1he Lease term, and for injury to 01 death of any person or
damage to any p1operty in any manner arising out of or incident to 1h11 possession,usa, operation, condition or storao11 of the Unit. If any Unit becomes damaged, from any cause
whatsoever.Lessee shall oive Lessor prompt notice thereof. If Lessor reasonably determines that such damage is not irreparable, 1hen Lessee shall, at its expense, promptly rescor11
the Unit to the condition required by Section 4 above. If any Unit becomes worn out, lost, stolen, destroyed or i11eparably damaged (as reasonably determined by Lessor) from any
cause whatsoever, or taken by condemnation or otherwise tany such occurrence hereafter a •casualty Occurrence") p1ior to, during or subsequent to (until tho Unit is 11.1tumed to
Lesso, pursuant to Section 10) tho Lease term, Lessee shall give Lessor prompt notice thereof. In the avant of a Casualty Occurrence, Lessee shall pay to Lessor, on the earlier ol
(a) the tirsl payment date following such Casualty Occurrence or (b) thirty (30) days lol!owing such Casualty Occurrence, a sum (the 'TerminationVa!ue"I equal to (a) tho •seginning
Balance" jas specified in the anachod Payment Schedule) as of the next payment duo following such Casualty Occurrence, plus !b) the amount ot the inte1est portion (as specified
in the Payment Schedule) of the ne~t payment due following such Casualty Occurrence multipliad times a fraction the numerator of which is the number of days from the later of
ta! the Delivery Dato of th11 Unit or (bl the due data of the payment immediately preceding such Casualty Occuirence umi1 the due date of the payment due he1eunde, in respect
of such Casualty Occurrence and the denominator of which is 360. Lessee, at its expense, shall keep each Unit insured against all risks for not less than the applicable Beginning
Balance with respect to such Unit and shall maintain comprehensivepublic liability insurancecove,ing each Unit for not less than S 1,000,000 101 combined coverage ror bodily injury
and property damaga. All insurance shall la I be in a form and with such companies as Lessor shall approve, lb) specify Lussor (01 its designea) and Lessee as named insureds, (c)
be primary, withautriOht ol contribution lrom any other insurance carried by Lessor. (d) provide that such insurance may not be cancelled or al1e1od so as to affect the interest ot
Lessor withoul at least thirty 130) days' prior written notice to Lessor, and la) name Lessor !or its designea) as lass payee and be payable solely to Lessor. Lessee agrees to notify
Lassotol any occurrence which may become the basis of an insurance claim hereunder and not to make any adjustments with insurers without Lessor'sprior written consent. Lessee
harebyirrevocablyappointsLessorits anorney-in-tacno receivu payment of and endorse al! checks and olher documents and to take any other actionsnecessaryto pu1sua insurance
claims. Prior to tho first Delivery Date ol any Unit, Lessee shall delivery to Lessor satisfacto,yavidenca of such insurance coverage.
8. WAIVER AND INDEMNITY: LESSEE HEREBY RELEASES ANY CLAIM NOW OR HEREAFTER EXISTING AGAINST LESSOR ON ACCOUNT OF, AND AGREES TO DEFEND,
INDEMNIFY AND HOLD LESSORHARMLESS FROM, ALL CLAIMS OF LESSEEANDIOR THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, CLAIMS BASED UPON STRICT LIABILITY
IN TORT AND FOR CONSEQUENTIAL DAMAGESI, LOSSES, DEMANDS, LIABILITIES, SUITS ANO JUDGMENTS, AND ALL COSTS OR EXPENSES IN CONNECTION THEREWITH,
INCLUDING ATTORNEY'S FEES AND EXPENSES, WHICH MAY RESULT FROM OR ARISE OUT OF THE SELECTION, PURCHASE, DELIVERY !INCLUDING ANY OELA YIN OR FAILURE
OF DELlVERYt,CONOITION, USE, OPERA Tl ON, OWNERSHIP, MAINTENANCE OR REPA1ROF ANY UNIT PRIOR TO. DURING OR SUBSEQUENT TO (UNTIL SUCH UNIT JS RETURNED
TO LESSOR PURSUANT TO SECTION 101 THE LEASE TERM AS TO THE UNIT, OR WHICH MAY BE ATTRIBUTABLE TO ANY DEFECT IN ANY UNIT ARISING FROM THE MATERIAL
USED THEREIN OR FROM THE DESIGN, MANUFACTURE OR TESTING THEREOF, OR FROM ANY USE, MAINTENANCE OR REPAIR OF ANY UNIT, REGARDLESS OF WHEN SUCH
DEFECT SHALL BE DISCOVERED, WHETHER OR NOT THE UNIT 15 IN THE POSSESSION OF LESSEE AND NO MATTER WHERE IT IS LOCATED,
9, EVENTS OF DEFAULT; REMEDIES: Each of the loll awing shatl constitute an "Event of Oelauli-hereunder: (a) Lessee shall fail ta make any payment to Lessor when due; !bl
any rapresentationor warran\y of Losseeconiainedherein or in any document furnished to lessor in connection herewith shall be incorrect or misleadlng when made; {cf Lesseu~hall
!ail to observe or perfo1m any other covenant, agreemanto1 warranty made by Lessee hereunder and such failure shall con1inue for ten 110) days atte1 written notice the root to Lessee;
ld) Le5se11 shall fail 10 make any payment on its bonded indebtedness when due; or (el tha1e shall be a default by Lessee under any 01her ag1aemant between Lesso, and Lessae.
II any Evant of Default shall occur, Lessor, at its option, may la) proceed by approp1iate court action(sl to enforce this Lease or to recover damages for the breach thereof; (b) by
notice in writing to Lessee, terminate this Lease, but Lessee shall remain liable as hereinafter p,ovidad, and 1here upon Lessor may, at its option do any one or more of Iha following:
(b-1) IOCOver forthwith lrom Lessee !ii any and all amounts than duo under lhis Lease 01 which may have accrued to the date of such tetmination, (ii) as damages lo, loss of the
bargain and not as a penalty, a sum equal to the payments due with respect to tho Units during the balance of the fiscal year, and (iii! any additional damages and expanses sustained
by Lessor by reason of the breach ol any covenant, representationor warranty contained in this Lease other than for 1he payment ol amounts due hareundar; (b·2) enforce the sacurit y
interest oiven hereunder, (b-3) without notice, liability or leoal process, enter upon the premises where any of the Units may be and 111ke possession thereof, and (b-4) require Lessee
10 return the Units as provided in Section 10. Lessor shall have all rights given to a secu1Bd party by law. Provided Lessor receives possassionof the Units following an Event of
Defaul!, Lessor may, at its option, undartake commercially reasonable effort to sell or re-lease tho Units, and the proceeds of any such sale or 10-lease shall be applied: first, to
reimburse Lessor for all reasonable expenses of retaking, holding, p,eparing for sala or re-lease and selling or re-leasino the Units, including all taxes and reasonable attorney's lees
and expenses; second, to the e~tent not previously paid by Lessee, ta pay Lessor all amounts, except 1hose specified below, which unde, the terms of this Lease are due or have
accrued es of the data of Lesso1's receipt of said proceeds; third, to pay all late payment chargespursuantto Section 2 hereof; and fourth, to pay Lesson he applicable Termination
Value with respect 10 the Units. Any surplus shall be paid 10 the parson entitled thereto. Lessee shall promptly pay any deficiency ta Lessor. Lessee acknowledges that sales for
cash or on credit to a wholesaler, retailer or us111 of the Units are all comme1cial!yreasonablo. Lessee agrees 10 pay all reasonable attorney's fe11s and al! costs and expenses incurred
by Lessor in enforcing 1h1s Lease. The remedies her11in provided shall be cumulative and in addition to all other remedies at law or in equity; provided, however. Lessor shall not
be entiU11d to recover a graater amount in damages than Lesso, could have gained th1ough Lessee's full, timely and complete performance under this Lease, plus all fees, casts
and 11~pensesincurrnd by Lessor In en!orcing this Lease and an late payment charges pursuant to Section 2. If Lessee fails 10 pe,form any of its obligations under this Lease, Lessor
may (but need not) at any time thereafter perform such obligation, and the expenses incu11od in connection !herewith shall be payable by Lessee upon demand.
10. RETURN OF UNIT: Upon any tetmination of the term of this Lease with respect to each Unit or if Lessor shall rightfully demand possession of any Unit, Less110, at its e•pense,
shall fonhwith deliver tho Unit to Lessor, appropriately p1otacted and in the condition required by Section 4, at the option of Lessor, to the prnm!sesol the nea1est Caterpil!ardealer
sellino equipment of the same type as tho Unit, or on board such carrier as Lessor shall specify and shipping tho same, freight collect, 10 1h11 destination dasignat11d by Lesso,. lt
the Unit i~ not in thfl condition required by Section 4, Lessae shall pay to Lessor, on demand. all costs and expenses incurred by Lessor to bring the Uni I into said condition.
11. REPORT TO IRS: Lessee will report this Lease 10 the Internal Revenue Service by filing Form 8038-G, B038-GC or 8038 whichever is applicable. Failure to do so will cause
the Lease to lose its tax exempt status. Lassott agrees that if the appropriate Imm is no1 filed. the interest rat11 will Ila adjusted to an 11quivalant rnxablo interest rate.
12. TITLE, SECURITY INTEREST ANO FURTHER ASSURANCES: Provided la) Lessee has accepted each Unit on its delivery date; (bl the Delivery Date of tho Unit is on or prior to
tho Credit Utiliiation Data not11d on the faca hereof; and (cl no Event of Default exists as of the Delivery Date of the Unit, title to each Unit shall vest in Lessee on th11 Delivery Dato
ol the Unit, provided, ho wave,, that in tho event (i) this Lease is terminated pursuant to Section l hereof, or (iit an Evant ol Default has occurred and is continuing, title to the Unit
shall immediatelyrevestln Lessor, flee ol any right, ti1Je and interest of Lessoe,un!ess Lessor elects otherwise In writing. Lossoehorebyg,ants lo Lessor a continulngsecu1ity interest
in the Units, including all anachments, accessories and optional featu1es !whether or not installed thereon) and al! substitutions, replacements, additions and accessions thereto,
and all procettds of all of the foregoing, 10 secure tho payment ot all sums due. lessee will, at i1s·e1<pense, do any lurthor act and execute, acknowledge, deliver, file, register and
record any furthe, documents which Lessor may rnasonable request in order to p1otac1 Lessor's security inte1est in the Units and Lessor's rights and benefits under this Lease.
13. ASSIGNMENT; COUNTERPARTS: Without the prior written consent of Lessor, no assignment of this Lease or any right or obligation hereunder may be made by Lessee or any
assignee ol Lessee. Lessor may not assign its right, titt11 and interest in and to this Lease and the Units and/or grant 01 assign a security interest in this Leas11 and the Units, in whole
or in part. Although multiple counterparts of this document may be signed, only the counterpart accepted, acknowledged and certified by Caterpillar Financial Services Co1potation
on the signature page thereof as the original will constitute orioinal chanel paper.
14, EFFECT OF WAIVER: No delay or omission to exercise any right or remedy accruing to Lessor hereunder shall impair any such right or remedy nor shall it be construed to be
a woivar ol any breach or default ol Lessee. Any waiver or consent by Lessor under this Lease must be In writing specifically set forth. This Lease completely states the rights of
Lessor and Lessee with respec\ to the Units and supersedes all prior aoreemomswith rnspect the1oto. Time Is of the essence of thls Lease. No variation or modification or this Lease
shall be valid unless in writing and signed by the authorized representatives of Lessor and Less"ee. AU notices hereunder shall be in writing, addressed to each party at the address
sol forth on the front ol this L11aso or at such other address as may be furnished in writing. If any provision of this Lease shall be invalid under any applicable law, such provision
shalt be deemed omined but the remaining provisions shall be giv11n effect. All obligation or Lessee under this Lease shall su1vlve the expiration o, termination of this Lease to tho
extent required for their full obsorvanc11 and performance.
15. GENERAL: This Lense shall be governed by and construed under tha laws of the State whure the Units are located.
EXHIBIT 2
Concluding Payment Schedule to
Governmental Agreement
Dated ,19_
between
Caterpillar Financial Services Corporation
and
TOWN OF FIRESTONE
Description of Unit: 1 Caterpillar 143H
Number
of ·
~ayments Beginning Payment Interest Concluding
Made Balance Amount 6.00000% Payment(*)
0 0.00 0.00 0.00 175,210.00
I I 75,210.00 3,387.29 876.05 172,698.76
2 I 72,698.76 · 3,387.29 863.49 170,174.96
3 170,174.96 3,387.29 850.87 167,638.54
4 167,638.54 3,387.29 838.19 165,089.44
5 165,089.44 3,387.29 825.45 162,527.60
6 162,527.60 3,387.29 812.64 159,952.95
7 159,952.95 3,387.29 799.76 157,365.42
8 157,365.42 3,387.29 786.83 154,764.96
9 154,764.96 3,387.29 773.83 152,151.50
10 152,151.50 3,387.29 760.76 149,524.97
II 149,524.97 3,387.29 747.63 146,885.31
12 146,885.31 3,387.29 734.43 144,232.45
13 144,232.45 3,387.29 721.16 141,566.32.
14 141,566.32 3,387.29 707.83 138,886.86
15 138,886.86 3,387.29 694.43 136,194.00
16 136,194.00 3,387.29 680.97 133,487.68
17 133,487.68 3,387.29 667.44 . 130,767.83
18 130,767.83 3,387.29 653.84 128,034.38
19 128,034.38 3,387.29 640.17 125,287.26
20 125,287.26 3,387.29 626.44 122,526.41
21 122,526.41 3,387.29 612.63 119,751.75
22 I 19,751.75 3,387.29 598.76 116,963.22
23 116,963.22 3,387.29 584.82 114,160.75
24 114,160.75 3,387.29 570.80 111,344.26
25 111,344.26 3,387.29 556.72 108,513.69
26 108,513.69 3,387.29 542.57 105,668.97
27 105,668.97 3,387.29 528.35 102,810.03
28 102,810.03 3,387.29 514.05 99,936.79
29 99,936.79 3,387.29 499.68 97,049.18
30 97,049.18 3,387.29 485.25 , 94,147.14
31 94,147.14 3,387.29 470.74 91,230.59
32 91,230.59 3,387.29 456.15 88,299.45
33 88,299.45 3,387.29 441.50 85,353.66
34 85,353.66 3,387.29 426.77 82,393.14
35 82,393.14 3,387.29 4 I 1.97 79,417.82
36 79,417.82 3,387.29 397.09 76,427.62
37 76,427.62 3,387.29 382.14 73,422.47
38 . 73,422.47 3,387.29 367.11 70,402.29
39 70,402.29 3,387.29 352.01 67,367.01
40 67,367.01 3,387.29 336.84 64,316.56
41 64,316.56 3,387.29 321.58 61,250.85
42 ·61,250.85 3,387.29 306.26 58,169.82
43 58,169.82 3,387.29 290.85 55,073.38
44 55,073.38 3,387.29 275.37 51,961.46
45 51,961.46 3,387.29 259.81 48,833.98
46 48,833.98 3,387.29 244.17 45,690.86
47 45,690.86 3,387.29 228.46 42,532.03
48 42,532.03 3,387.29 212.66 39,357.40
49 39,357.40 3,387.29 196.79 36,166.90
50 36,166.90 3,387.29 180.84 32,960.45
51 32,960.45 3,387.29 164.80 29,737.96
52 29,737.96 3,387.29 148.69 26,499.36
53 26,499.36 3,387.29 132.50 23,244.57
54 23,244.57 3,387.29 116.22 19,973.50
55· 19,973:50 ··J,387.29. · '99.87 16,686.08
Cat Quote Software i .00 template Page I Caterpillar Financial Services·corporatic,n
Cat Quote Software 7.00
Number
of
Payments
Made
56
57
58
59
60
EXHIBIT 2
Concluding Payment Schedule to
Governmental Agreement
Dated _________ , 19 __
between
Caterpillar Financial Services Corporation
and
TOWN OF FIRESTONE
Description of Unit: I Caterpillar 143H
Beginning Payment Interest
Balance Amount 6.00000%
16,686.08 3,387.29 83.43
13,382.22 3,387.29 66.91
10,061.84 3,387.29 50.31
6,724.86 3,387.29 33.63
3,371.20 3,388.29 17.09
203,238.40 28,028.40
Concluding
Payment(*)
13,382.22
10,061.84
6,724.86
3,371.20
0.00
(*) Does not include any rent payment or other amount then due.
template Page 2
Initialed:~-~--
(Lessee)
Caterpillar Financial Service5 CorporatioJ
TO: CATERPILLAR FINANCIAL SERVICES CORPORATION
Gentlemen:
OPINION OF COUNSEL
Re: Governmental Agreement, Dated as of
________ (the "Lease"), between
Caterpillar Financial Services Corporation
("Lessor") and TOWN OF FIRESTONE,
COLORADO ("Lessee")
I am an attorney for Lessee, and in that capacity I am familiar with the above-referenced Lease and all
other documents pertaining to the Lease.
Basec' on my examination of these and such other documents, records· and papers and matters of fact
and law as I deemed to be relevant and necessary as the basis for my opinion set forth below, upon which
opinion Lessor and any subsequent assignee of Lessor's interest may rely, it is my opinion that:
I. Lessee is a fully constituted political subdivision or agency duly organized and existing under the
CJnstitution and laws of the State of COLORADO and is authorized by such Constitution and
laws to enter into transaction contemplated by the Lease and to carry out its obligations
thereunder.
2. · The Lease and all other documents contemplated by the Lease have been duly authorized, executed
and delivered by Lessee and constitute valid, legal and binding agreements of Lessee, enforceable
ag:linst Lessee in accordance with their terms.
3. The person or persons who have executed and delivered the Lease and all other documents
contemplated by the Lease were authorized to do so on behalf of Lessee.
4. The. authorization, approval and execution of the Lease and all other documents contemplated by
the Lease and all other proceedings of the Lessee related to the transactions therein and
contemplated thereby have been performed in accordance with all open meeting laws, public
bidding laws, and all other applicable laws of the State of COLOR.ADO ..
Yours sincerely,
By: _____________ _
Title: ______________ _
Address: --------------
Telephone: ____________ _
Date: ______________ _
DELIVERY SUPPLEMENT
This pertains to the LeESe, dated as of ____________ • between Caterpillar Financial Services Corporation
as Lessor and TOWN OF FIRESTONE, COLORADO as Lessee.
This confirms that the Lessee physically received the following Unit(s) on the possession date below. As of the date of signature of
this form, (i) the Unit(s) are in all respects satisfactory to Lessee for leasing under the Lease, and (ii) Lessor has performed all of
its obligations under the Lease.
Description of Unit(s)
(1) 143H Caterpillar MOTOR GRADER
1AL00456
Possession Date: ----------------
Form No. 0001-12/96
Location
FIRESTONE, CO
County: IJELD
TOWN OF FIRESTONE, COLORADO
Signature _______________ _
Name (PRINT) ___________ _
Title ------------~----
Date -----------------
A93I22 12/18/97 04:25PMCT
CONSTRUCTION EQUIPMENT APPLICATION SURVEY RIDER
To Agreement dated as of _________________ _
Between Caterpillar Financial Services Corporation
and
TOWN OF FIRESTONE, COLORADO
Model:. _______________ _ Attachments: ______________ _
NOTE: If machine is to be used in a landfill, demolition, transfer 'station, recycling application, scrap yard, steel mill, salt, chemical,
corrosive, rendering, or hazardous waste environment, circle the appropriate aforementioned application; describe the exact application
and working environment of the machine: __________________________ _
then sign below. It is not necessary to complete the remaining portions of this application survey. You will also need to consult your
Caterpillar Financial Services Corporation regionat office to obtain the necessary quote data.
COMPLETE THE.FOLLOWING STEPS:
1. Choose the appropriate MARKET CATEGORY and circle the BASE number (one category per survey form).
2. Complete only this MARKET CATEGORY LINE BY CIRCLING ONE number under SECTION A (TOTAL HOURS
PER YEAR) and ONE number under SECTION B (U/C, SHEET METAL OR TIRE/BELT CLAUSE).
3. Add or subtract as necessary the THREE circled numbers starting with BASE and enter in the TOTAL POINTS
column.
iSECTION Al (SECTION Bl
TOTAL HOURS PER YEAR· U/C,SHEET METAL.OR
TIRE/BELT CLAUSE
MARKET CATEGORY' BASE C-1200 1201-2200 2201-4000 4001-5000 5001 + YES NO
HEAVY CONSTRUCTION 4 2 1 -1 -2 -3 +2 -1
BUILDING CONSTRUCTION 4 2 1 -1 -2 -3 +2 -1
MINING/AGGREGATE 4 2 1 -1 -2 -3 +2 -1
AGRICULTURE 4 2 1 -1 -2 -3 +2 -1
FOREST PRODUCTS 3 2 1 -1 -2 -3 +2 -1
PAVING PRODUCTS 3 2 1 -1 -2 -3 +1 . -1
INDUSTRIAL 5 1 -1 -2 -3 -4 +1 -1
GOVERNMENTAL 7 1 -1 -2 -3 -4 +1 -1
This application survey is considered to be an integral part of the binding contract between the lessor
and lessee. The information obtained from this survey will be of primary importance in the contract
payment schedule. Any change in the location, severity of application, hourly usage and/or
attachments or configuration must be approved in writing by Caterpillar Financial Services Corporation.
IMPORTANT NOTE:
In addition to the lessors other rights hereunder and not in lieu thereof, lessee shall pay lessor
additional rent for each hour in excess of the maximum hours established for the lease. The
Associated Equipment Distributors Green Book will be used as a base for determining an excess hour
rental rate. Take 40% of the Published Associated Equipment Distributors monthly rental rate and
divide by 176 to establish the hourly rate. Take this hourly rate times the total additional hours over
the maximum used in the lease. The maximum number of hours established for this unit are
_____ . The calculated sum will be due upon receipt of invoice.
TOTAL
POINTS
NOTE: SIGNATURES ARE REQUIRED ON THE REVERSE CONSTRUCTION EQUIPMENT
'MARKET DEFINITIONS
HEAVY CONSTRUCTION
BUILDING CONSTRUCTION
MINING/AGGREGATE
AGRICULTURAL
FOREST PRODUCTS
PAVING PRODUCTS
INDUSTRIAL
GOVERNMENTAL
All highway/road construction, dams, railroads, airports and large earthmoving projects, including landfill site
preparation.
All site development, sewer/water and utilities construction relating to building projects.
All metal and non-metal including quarries and sand/gravel operations.
All machines other than Challenger Tractors that are used in the preparation and harvesting·of farm products.
All timber harvesting, handling, logging road construction, saWmills arid logging yards.
All Caterpillar paving products, including compactors used for soil compacting excluding the 800 series.
All machines used inside an industrial plant or complex for the purpose of handling raw materials, finished
products or any other task required. !Machines are owned or leased by the plant itself.)
All machines used by governmental entities for routine road maintenance, snow relTiovaf and other light
applications. ·
NOTE: APPLICATION SURVEY MUST BE SIGNED BY LESSEE AND AUTHORIZED DEALER REPRESENTATIVE.
Lessee: Dealer:
TOWN OF FIRESTONE, COLORADO WAGNER EQUIPMENT CO.
Signature -----------------Signature· -----------------
Name {Print) ----------------Name {Print) _____________ _
Title Title ---------------------------------------
Date Date ----------------------------------------
Reviewed by: -----------------CFS C Region Office
Form No. ASCONST -11 /95 A93122 12/18/97 04:25PMCT
:.--!\,'; ;
~i:>-~; .
IM4GNER
GUARANTEED BUY-BACK
Wagner Equipment Co.
P.O. Box 17620
Denver, CO 80217-0620
(303) 739-3000
As part of the agreement between Wagner Equipment Co and Town of
Firestone, for the p•.1rchase of Caterpillar, Model 143H, S/N 1AL00456,
delivered on December 31, 1997, we offer to buy this unit back either
when the machine accumulates 5 years, or 5000 hours from the date of
delivery, whichever occurs first, for $119,600. Execution of this offer
will be at your discretion. It will not commit you to trading this unit
in on another Caterpillar machine, but will be subject to the following
conditions:
1) Machine muse be in good and complete operating condition.
2) Machine mus~ be equipped with all attachments and options as
originally delivered.
3) All tires/undercarriages must have at lease 50% wear remaining
with no significant damage to carcass or any undercarriage
components.
4) All windows in cab must be intact and free of cracks.
In the event this Buy-Back provision is executed, any variation in
machine condition from those described above will be negotiated and may
affect the re-purchase price.
Offered By: Wagn~&,:;z C
ate: 12/31/97
Accepted By: Town of Firestone
Date:
Denver. Durango, Grand Junction, Pueblo, Hayden
Fo,m 8038-G
(Rev. October !989)
Oepa~mer-,t of crie rre,nur:,
lnter,ial Re,.enue Service
Reportin
Information Return for Tax,Exempt Governmental Obligations
► Under Section 149(e)
► See separate Instructions
(Use Form 8038-GC if the issue price is under S 100,000)
0MB ,"-,o. 15-iS-072~
E:,p1res 5-31-92
Check box if Amended Return ►
Issuers name 2 Issuer's employer identrfication numb!r
TOWN OF FIRESTONE, COLORADO
3 f\'umber and street
P. 0. BOX 100
5 City or town. state, and ZIP code
FIRESTONE, CO 80520-0100
7 Name ot Issue
Cat Governmental Lease-Purchase reem
Type of Issue (check box(es) that applies and enter the Issue Price)
Check box if obligations are tax or •Jther revenue anticipation bonds ►
Check box if obligations are in the form of a lease or installment sale ►
0 Education
0 Health and hospital
0 Transportation
0 Public safety .
Environment (including sewage bonds)
Housing
Utilities . . . ...
D
Ix]
9
10
11
12
13
14
15
16
17
18
D
D
D
[xi Other. Describe (see Jnstructio,s) ► Lease-Purchase of cons true tion
Description of Obli ations
19 Final maturity
20 Entire issue .
I ! (,)
( Ma~:.mt'f •'!a~e
e ui ment
(c)
Issue :,rice
N/A
(d)
Stated redemption
:,rice at matur"
N/A
N/A
Uses of Ori includin underwriters' discount)
21 Proceeds used for accrued interest .
22 issue price of entire issue (enter line 20c)
23 Proceeds used for bond issuance costs (including underwriters' discount).
Proceeds used for credit enhancement .
Proceeds allocated to reasonably required reserve or replacement fund
Proceeds used to refund prior issues.
23
24
25
26
4 Report number
Gl9
6 Date of issue
8 CUSIP Number
NONE
Total (add lines 23, 24, 25, and 26) .
· roceeds of the issue subtract lin from line 22 and enter amount here ! 28 1$175,210.00
29 Enter the remaining weighted average maturity of the bonds to be refunded ► years
30 Enter the last date on which the refunded bonds will be called ►
31 Enter the date s the refunded bonds were issued ►
Miscellaneous
32 Enter the amount of the state volume cap allocated to the issue ►
33 Enter the amount of the oonds designated by the issuer under section 265(b)(3)(8)(i)(III) (small
issuer exception) ►
34 Pooled financings:
a Enter the amount of th~ proceeds of this rssue that are to be wsed to make loans ta other governmental units ► ___ N,,_, • .Ls:As._ ____ _
b. Crteck box if this issue is a loan made from the proceeds of another tax-exempt issue ► 0 and enter the name of the
issuer ► and the date of the issue ►
Please
Sign
Here
Unoer .Je~a,::,!S ;i: .:ie·::.:·~ .:ec:are :.~a: r .~ave e~am,n~ :Mis re~i.:rr, aria ac:omcany,ng sc.iieaules and sta1ements. anCI ,o :r:e ::ies: Ji ,"rl-, ,c.nowrec;e arc :e1:ef.
t~ey are :r·~e. :or·e.::. JiC :=r!"-Clete
Oare
For Paperwork Reduction Act Notice. see page 1 of the Instructions.
EQUIPMENT:
(1) 143H Caterpillar MOTOR GRADER 1ALD0456
RE: INSURANCE COVERAGE FOR LEASED EQUIPMENT
Per the Lease agreement between TOWN OF FIRESTONE, COLORADO PO BOX 100 FIRESTONE, CO 80520 and Caterpillar Financiai
Services Corporation ("Caterpillar Financial"), it is required that we be provided with insurance coverage in accordance with that agreement
as indicated below,
Physical Damage Coverage must show that Caterpillar Financial has been named loss payee for the equipment's replacement value. ThE
deductible must be shown.
Liability Coverage of a minimum of $1,000,000 or combined coverage for bodily injury and property damage per occurrence. Caterpilla,
Financial must be named as additional insured.
Please notify your agent for the proper coverage, and list his name and location below. Our representative will follow up for confirmation
of this coverage.
INSURANCE AGENT: CONTACT PERSON: _____________ _
ADDRESS: -----~----------PHONE NUMBER: _____________ _
IF EQUIPMENT HAS BEEN DELIVERED, WHEN WAS IT DELIVERED? ____________ _
PROCESSING OF THIS TRANSACTION WILL BE HELD PENDING RECEIPT OF THIS INFORMATION.
PLEASE FORWARD CERTIFICATE TO: Caterpillar Financial Services Corporation, 4975 Preston Park Blvd., Plano, TX 75093
Fonn No. 10034-9/9~ A9Jt22 12/l8/97 04:25PMCT
. ;,,,
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 2.04.250 OF THE FIRESTONE MUNICIPAL
CODE, CONCERNING WRITE-IN CANDIDATES, AND ADOPTING PROCEDURES WITH
RESPECT TO CANCELLATION OF ELECTIONS.
WHEREAS, the Firestone Municipal Code currently contains
provisions concerning write-in candidates which are inconsistent
with the Uniform Election Code of 1992 and the Municipal Election
Code of 1965, as amended; and
WHEREAS, the Board of Trustees desires to .enact conforming
amendments to the Firestone Municipal Code, and to adopt procedures
with respect to cancellation of elections; and
WHEREAS, the Board of • Trustees declares that an emergency
exists because the amendments contained herein regarding write-in
candidates may be necessary for the proper conduct of the next
regular municipal election.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Section 2.04.250 of the Firestone Municipal Code
is hereby amended to read as follows (words added are underlined;
words deleted are: strielem, tftrougfl) :
2.04.250 Write-in votes. No write-in vote cast in. any
town municipal election conducted pursuant to the Municipal
Election Code, C.R.S. §31-10-101 et. seq •• shall be counted
unless an affidavit of intent has been filed with the town
clerk by the person whose name is written in prior to twenty
.£.i¥e days before the day of election . indicating that such
person desires the office and is qualified to assume the
duties of that office if elected. No write-in vote cast in
any town municipal election conducted pursuant to the Uniform
Election Code. C.R.S. §1-1-101 et. sec;i: .• shall be counted
unless an affidavit of intent has been filed with the town
clerk by the person whose name is written in on or before the
close of business on the sixty-fourth day before the election
indicating that such person desires the office and is
qualified to assume the duties of that office if elected.
Section 2. Chapter 2.04 of the Firestone Municipal Code is
hereby amended by the addition of a new Section 2.04.255 reading as
follows:
2.04.255 Cancellation of Elections. In any town
municipal election, if the only matter before the voters is
the election of persons to office and if, at the close of
business on the nineteenth day before the election, there are
not more candidates than offices to be filled at such
1
election, including candidates filing affidavits of intent,
the clerk, if instructed by resolution of the board of
trustees either before or after such date, shall cancel the
election and by resolution declare the candidates elected.
Upon such declaration the candidates shall be deemed elected.
Notice of any such cancellation shall be published at least
once and shall be posted at each polling place and in not less
than one other public place within the town.
Section 3. The Board of Trustees herewith finds,
determines, and declares that this ordinance is necessary to the
immediate preservation of the public health and safety. This
ordinance shall be effective upon adoption and approval by the
Mayor.
FULL
INTRO.~D, READ, ADOPTED, APPROVED,
this _/,; · day of ~~ · .
AND ORDERED PUBLISHED IN
, 1998.
Attest: ,ow,.;--
..._.
SEA!,.
~. ,/
L_:::[Zd::::_~~~-~~ ,,
T.L. Peterson
Town Clerk
I
020598/1653[sjl]c:Fireston\Election.ord
2
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
Firestone
A Commu11ity
l11Motion
FAX COVER SHEET
I
\
I
0 URGENT ~OR REVIEW O PLEASE COMMENT □ PLEASE REPLY □ PLEASE RECYCLE
NOTES/COMMENTS:·
151 Grant Ave.• P.O. Box 100 • Firestone, CO 80520
(303) 833-3291 • FAX (303) 833-4863
ORDINANCE NO. _j JJ
AN ORDINANCE AMENDING SECTION 13.08.010.E OF THE FIRESTONE
MUNICIPAL CODE, CONCERNING CHARGES AND COSTS RELATED TO WATER TAPS
AND CONNECTIONS TO THE TOWN WATER SYSTEM.
WHEREAS, the Firestone Municipal Code currently requires that
tlie applicant for a water tap or connection furnish at its sole
expense all materials and labor necessary for such tap or
connection, except for the water meter; and
WHEREAS, to ensure proper functioning of the Town water
system, the Town has determined that certain other components used
for water taps and connections should be of uniform type and
construction; and
WHEREAS, the Town is authorized by state law, including but
not limited to C.R.S. §31-15-708 and C.R.S. §31-35-101 et seq. to
regulate the method of connection to the Town water system and the
use of such system.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Subsection E of Section 2.04.250 of the Firestone
Municipal Code is hereby amended to read as follows (words added
are underlined; words deleted are striekeR thrOO!J'h):
FULL
E. All connections or taps shall be made by a licensed
plumber and shall be at the sole expense of the applicant.
The applicant shall furnish at its sole expense all materials
and labor necessary for the tap or connection, except that the
Town shall furnish the necessary water meter, the price of
which is included in the fee set forth in subsection A of this
section. and except that the Town shall also furnish the
necessary meter pit. meter pit cover. setter{s) and. where
applicable. pressure reducing value{s). the actual costs of
which shall be paid to the Town by the applicant at the time
of payment of the capital investment charge. The Town Clerk
shall maintain and make available upon request the estimated
costs of these components.
INTRODUC~, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
this ~ day of ~ , 1998.
1
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
,r{OVVi>· .
. / .
. ~ _,,, ,,.
r· . f ,: ..
\.
·--...
Town Clerk
051498/1612 [sj1l] c: Fireeton\Watertap, ,orct
2
ORDINANCE NO. ,)<)q
AN ORDINANCE OF THE TOWN OF FIRESTONE, COLORADO SETTING FORTH TOWN
REGULATIONS AND POLICIES CONCERNING THE CONTROL OF FUGITIVE DUST ON
TOWN ROADS AND STREETS.
WHEREAS, the Board of Trustees is authorized by state law,
including but not limited to C.R.S. §31-15-702, to regulate the use
of public roads and streets under its jurisdiction; and
WHEREAS, the Town has under its jurisdiction several roads and
streets that are unpaved; and
WHEREAS, the Town Board of Trustees desires to set forth
regulations and policies concerning the control of fugitive dust on
the unpaved roads and streets under Town jurisdiction.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1.
hereby establishes
control of fugitive
The Board of Trustees of the Town of Firestone
the following policies with respect to the
dust upon Town roads and streets:
A. Private Application of Dust Control Chemicals: The Town
will permit private individuals to apply dust control
chemicals to unpaved Town roads and streets at their own
expense, subject to the following terms and conditions:
1. · Chemicals used for dust control shall not contain
any hazardous substances as defined in C.R.S. §29-22-101.
Petroleum products, whether commercially processed or not, may
contain hazardous substances and therefore may not be suitable
for dust control. ·
2. In addition, petroleum products that contain naphtha
or other combustible materials shall not be used for dust
control.
3. Chemicals used for dust control must be applied in
compliance with all federal, state and local laws, rules and
regulations.
4. Chemicals used for dust control must be applied in
such a manner that will not contaminate any waters of the
United States. Therefore, any chemicals or materials that
will wash from the roadbed are not suitable for dust control
purposes.
5. The Town will make every effort not to unduly
disturb the road or street section which has been treated with
dust coritrol chemicals. However, the Town in its sole
1
discretion will determine the time and frequency at which any
road or street section must be graded to restore a reasonable
travel surface. Further, the Town will not be responsible for
reapplying dust control chemicals to any graded area.
6. The Town in its sole and absolute discretion will
determine the time and frequency at which the Town may at its
expense spread dust control chemicals. The Town may in its
sole and absolute discretion determine not to spread any dust
control chemicals.
7. All dust control chemicals used on unpaved Town
I roads and 1streets shall be approved for use by the Town of
Firestone Administrator or the Administrator's designee. The
materials set forth on Exhibit A are currently approved for
use on unpaved Town roads and streets. The Town Administrator
shall have the authority to add or delete materials from the
list of approved materials at any time without prior notice.
The current list of approved materials shall be available at
Town Hall during regular·business hours.
8. No material that is not on the then-current list of
approved materials shall be applied to Town roads and streets
unless the Town Administrator in writing approves the use of
the proposed material prior to its application on Town roads
and streets ..
B. Grading: At no cost to the private individual, the Town
will grade a section of roadbed prior to the application of
dust control chemicals. Requests for grading shall be made at
least seventy-two (72) hours in advance. The Town will
attempt to perform requested grading within such 72-hour
period, but shall be under no obligation to do so.
Section 2. Any person who violates any provision of this
Ordinance shall be punished by a fine of not more than $999.00 or
by imprisonment not to exceed 1 year or both such fine and
imprisonment. Each day during any portion of which any violation
of any provision of this ordinance is committed, continued, or
permitted by any such person shall be a separate offense.
Section 3 . If i?-ny portion of this ordinance is held to be
invalid for any reason, such decision shall not affect the validity
of the remaining portions of this ordinance. The Board of Trustees
hereby declares that it would have passed this ordinance and each
,part hereof irrespective of the fact that any one part be declared
invalid.
_Section 4. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby repealed· ,to the extent of such inconsistency or
conflict.
2
FULL
I~RO,S!D, READ, AD9J?TED, APPROVED,
this '/f, day of ':JPl1-= .. AND ORDERED PUBLISHED IN
, 1998.
Att.est:
T. L. 'fiel:krson ~'
Town Clerk
·J51498/1619 (sj i] c: Fires ton \Dust. res
3
Rick Patterson
Mayor
'(OW,v
I ~-:,,
(:'.' ·' (). T
• k-·. _';'~ .._ . I
-.,_____ , .-_ ....... l
EXHIBIT A
The following dust control agenbs are approved for use on
unpaved roads and streets under the jurisdiction of the Town
of Firestone:
1. Potable water or natural ground water
2. Magnesium chloride
3. Calcium chloride
4
1111111 IIIII IIIIII IIIIII IIIII Ill lllllll 1111111111111111
2616225 05/29/1998 03:25P Weld·Counly CO
1 of 2 R 11.00 D 0.00 JA Suki Tsukamolo
ORDINANCE NO.
AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS HURT
ANNEXATION NO. 1 TO THE TOWN OF FIRESTONE, COLORADO
WHEREAS, a petition for annexation of certain unincorporated
property, to be known as the Hurt Annexation No. 1, to be the first
of three parcels to be annexed in a series, and described in
Exhibit A attached hereto, has been filed with the Town Board of
the Town of Firestone; and
WHEREAS, pursuant to §31-12-108 to -110, the Town Board on
April 23, 1998, held a duly-noticed public hearing to consider the
proposed annexation; and
WHEREAS, notice of the hearing was published March 11, 18 and
25, and April 1, 1998, in the Farmer & Miner Newspaper; and
WHEREAS, the Town Board, by resolution, has determined that
the petition is in substantial compliance with the applicable laws
of the State of Colorado, that the area proposed to be annexed is
eligible for annexation, and further has determined that an
election is not required, and further found that no additional
terms and conditions are to be imposed upon said annexation except
any provided for in said petition.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The annexation to the Town of Firestone of the
property described in Exhibit A, attached hereto and incorporated
herein bv this reference, and known as the Hurt Annexation No. 1,
is hereby approved and such property is made a part of and annexed
to the Town of Firestone.
Section 2. The annexation of said territory is subject to the
conditions provided for in the petition for annexation of said
property filed with the Town of Firestone.
INTRODUCE!;>,,
FULL this c/z:""
'I":' L. Peterson
Town Clerk
READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN
day of ~/ , 1998.
TOWN OF FIRESTONE, COLORADO
. I·,
...
'\., \ 0 ' ,·)
052698/10·J9 [sj 1) c: Fireton \Hurtl. ord
HURT ANNEXATION NO. 1
EXHIBIT A
LEGAL DESCRIPTION
ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION ELEVEN AND THE
SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST
OF THE SI:>CTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD
NO. 22 WHERE. IT INTERSECTS THE WEST RIGHT-OF-WAY OF WELD COUNTY
ROAD NO. 11, AND CONSIDERING THE WEST RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD NO. 11 AS BEARING N00 06'55"W AND WITH ALL OTHER
BEARINGS CONTAINED HEREIN RELATIVE THERETO:
THENCE Nll 56'13"E, 150.00 FEET; THENCE Sll 08'17"E, 150.00 FEET TO
A POINT ON THE NORTH RIGHT-OF:-WAY OF WELD COUNTY ROAD NO. 22;
THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE N89 36'02"W, 60.00 FE.ET
TO THE POINT OF BEGINNING.
THUS.DESCRIBED PARCEL OF LAND CONTAINS 0.101 ACRES MORE OR LESS
( I IIIIII IIIII IIIIII IIIIII IIIII Ill lllllll 1111111111111111
\ 2616225 05/29/1998 03:25P Weld County CO
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1111111 lllll llllll llllll 111111111111111111 1111111111111 \
2616226 0e/29/1998 03:26P Weld County CO
\ 1 of 2 R 11.00 D 0.00 JA Suki Tsukamoto ·
ORDINANCE NO.
AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS HURT
ANNEXATION NO. 2 TO THE TOWN OF FIRESTONE, COLORADO
WHEREAS, a petition for annexation of certain unincorporated
property, to be known as the Hurt Annexation No. 2, to be the
second of three parcels to be annexed in a series, _and described in
Exhibit A attached hereto, has been filed with the Town Board of
the Town of .Firestone; and
WHEREAS, pursuant to §31-12-108 to -110, the Town Board on
April 23, 1998, held a duly-noticed public hearing to consider the
proposed annexation; and
WHEREAS, notice of the hearing was published March 11, 18 and
25, and Aprill, 1998, in the Farmer & Miner Newspaper; and
WHEREAS, the Town Board, by resolution, has determined that
the petition is in substantial compliance with the applicable laws
of the State of Colorado, that the area proposed to be annexed is
eligible for annexation, and further has determined that an -
election is not required, and further found that no additional
terms and conditions are to be imposed upon said annexation except
any provided for in said petition.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The annexation to the Town of Firestone of the
property described in Exhibit A, attached hereto an_d incorporated
herein by this reference, and known as the Hurt Annexation No. 2,
is hereby approved and such property is made ,a part of and annexed
to the Town of Firestone.
Section 2. The annexation of said territory is subject to the
conditions provided for in the petition for annexation of said
property file4 with the Town of Firestone.
INTRODUCED,
FULL th i s J:J' :,1c.,
T. L. Peterson
Town Cle::-k
READ, ADOP1_'.l);D, APPROVED AND ORDERED PUBLISHED IN
day of ~/" , 1998.
TOWN OF FIRESTONE, COLORADO
tterson
052698/1010[sjl]c:Fireston\Hurt2.ord
HURT ANNEXATION NO. 2
EXHIBIT. A
LEGAL DESCRIPTION
ALL THAT PORTION OF. THE SOUTHEAST QUARTER OF SECTION ELEVEN AND THE
SOUTHWEST QUARTER Of SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF.COLORADO
BEING MOF.E PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD
NO. 22 WHERE IT INTERSECTS THE WEST RIGHT-OF-'-.WAY OF WELD COUNTY
ROAD NO. 11, AND CONSIDERING THE WEST RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD NO. 11 AS BEARING NO 0 0 6' 5 5 "W AND WI TH ALL OTHER
BEARINGS CONTAINED HEREIN RELATIVE THERETO:
THENCE Nll 56'13"E, 150.00 FEET; THENCE Sll 08'1711E, 150.00 FEET TO
A POINT ON THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD :NO. 22;
THENCE N0l 53'35"W, 750.00 FEET; THENCE S02 41'31"W, 750.00 FEET
TO THE POINT OF BEGINNING.
THUS DESCRIBED PARCEL OF LAND CONTAINS 0.415 ACRES MORE OR LESS.
I IIIIII IIIII IIIIII IIIIII IIIII Ill lllllll 1111111111111111
2616226 05/29/1998 03:26P Weld Counly CO
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2616227 05/29/1998 03:26P Weld Counly CO 1
1 of 2 R 11.00 D 0.00 JA Suki Tsukamolo j.
'-------------~-;----~
ORDINANCE NO. Jj/
AN ORDINANCE APPROVING AN ANNEXATION KNOWN. AS HURT
ANNEXATION NO. 3 TO THE TOWN OF FIRESTONE, COLORADO
WHEREAS, a petition for annexation of certain unincorporated
property, to be known as the Hurt.Annexation No. 3, to be the third
of three parcels to be annexed in a series, and .described in
Exhibit A attached hereto, has been filed with the Town.Board of
the Town of Firestone; and
WHEREAS, pursuant to §31-12-108 to -110, the Town Board on
April 23, 1998, held a duly-noticed public hearing to consider the
proposed annexation; and
WHEREAS; notice of the hearing was published March 11, 18 and
25, and Aprill, 1998, in the Farmer & Miner Newspaper; and
WHEREAS, the Town Board, by resolution, has determined that
the petition is in substantial compliance with the applicable laws
of the State o¾ Colorado, that the area proposed to be annexed is
eligible for annexation, and further has determined that an
election is not required, and further found that no additional
terms and .conditions are to be imposed upon said annexat'ion except
any provided for in said petition.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The annexation to the Town of Firestone of the
property described in Exhibit A, attached hereto and incorporated
herein by this reference, and known as the Hurt Annexation No. 3,
is hereby approved and such property is made a part of and annexed
to the Town of Firestone.
Section 2. The annexation of said territory is subject to the
conditions provided for in the petition for annexation of said
property filed with the Town of Firestone.
INTRODUCED, READ, ADZ: APPROVED AND ORDERED PUBLISHED IN
FULL this J51;t:; day of -~~~-+------' 1998.
T. L. Peterson
Town Clerk
052698/1010 [sj .1] c: Fires ton \Hurt3. ord
TOWN OF FIRESTONE, COLORADO
HURT ANNEXATION NO. 3
EXHIBIT A
LEGAL DESCRIPTION
. ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION ELEVEN AND THE
SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD
NO. 22 WHERE .IT INTERSECTS THE WEST RIGHT-OF-WAY OF WELD COUNTY
ROAD NO. 11, AND CONSIDERING THE WEST RIGHT-'OF-WAY LINE OF WELD
COUNTY ROAD NO. 11 AS BEARING N00 06' 55"W AND WITH ALL OTHER
BEARINGS CONTAINED HEREIN RELATIVE THERETO:
THENCE N0.2 41'3l"E, 750.00 FEET; THENCE S0l 53'35"E, 750.00 FEET TO
THE EAST RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 11; THENCE ALONG SAID
EAST RIGHT-OF-WAY LINE, N00 06' 55"W, 2371.13 FEET; THENCE S89
53'05"W, 30.00 FEET; THENCE S66 52'18"W, 276.73 FEET; THENCE S40
28'51"W, 191.92 FEET; THENCE S60 02'29"W, 155.40 FEET; THENCE S83
31'45"W, 126.52 FEET; THENCE N82 12'00"W, 255.50 FEET; THENCE S81
50'14"W, 132.22 FEET; THENCE S65 58'11"W, 225.10 FEET; THENCE S62
43'10"W, .82.47 FEET; THENCE S50 33'38"W, 326.83 FEET; THENCE S30
26'34"W, 128.34 FEET; THENCE S19 52'16"W, 126.45 FEET; THENCE S14
42'04"W, 209.51 FEET' THENCE S00 46'36"W, 121.43 FEET; THENCE Sll
07'06"E, 158.82 FEET; THENCE S04 26'17"E, 180.58 FEET; THENCE S88
39'07"E, 487'.67 FEET; THENCE N61 27'44"E, 101.13 FEET; THENCE N57
12'58"E, 167.35 FEET; THENCE S79 47'35"E, 106.09 FEET; THENCE S49
24'50"E, 78.61 FEET; THENCE S33 48'15"E, 127.17 FEET; THENCE S46
24'25"E, 192.68 FEET; THENCE S31 46'25"E, 44.49 FEET; THENCE S22
29'15"E, 182.09 FEET; THENCE S25 53'20"E, 188.37 FEET; THENCE S89
35'35"E, 380.43 FEET TO THE WEST RIGHT-OF-WAY OF WELD COUNTY ROAD
NO. 11; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE S00 06' 55"E,
254.15 FE.ET TO THE POINT OF BEGINNING.
THUS DESCRIBED PORTION OF LAND CONTAINS 54.450 ACRES MORE OR LESS.
1
1111111 ii1f 1111111111111111if Ill lllllll 1111111111111111
1 2616227 05/29/1998 03:26P Weld Counly CO j'
1
2 of 2 R 11.00 D 0.00 JA Suki Tsukamolo .
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I 2616228 05/29/1998 03:26P Weld Counly CO
' 1 of 4 R 21. 00. D 0. 00 JA Suki Tsukamoto
ORDINANCE NO. · .11}
AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF
FIRESTONE AND KNOWN AS THE HURT ANNEXATION.
WHEREAS, petitions for annexation of certain property,
described in Exhibit A attached hereto and made a part hereof, and
known as the Hurt Annexation No. 1, Hurt Annexation No. 2 and Hurt
Annexation No. 3, were filed with the Board.of Trustees of the T.own
of Firestone; and ·
WHEREAS, the property was annexed to the Town by ordinance;
and
WHEREAS, the Board of Trustees must provide for the zoning of
the property; and
WHEREAS, the Board of Trustees provided notice of the public
hearing on said zoning by publication as provided by law; and
WHEREAS, no protests were received by the Town pursuant to
C.R.S. §31-23-305; and
WHEREAS, the landowners of the property requested a Planned
unit Development zoning classification and have submitted an
Outline Development Plan in connection with the zoning request; and
WHEREAS, a Planned Unit Development .zoning classification is
consistent with the Town's plan for the are~ encompassed by the
Hurt Annexation; and
WHEREAS, the Firestone Planning Commission has held a public
hearing on the landowner's zoning request and forwarded its
recommendation to the Board of Trustees, and the Board of Trustees
has duly considered that recommendation.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. That· certain property known as the Hurt
Annexation No. 1, Hurt Annexation No. 2 and Hurt Annexation No. 3,
the legal description of which is set forth in Exhibit A attached
hereto and made a part hereof, is hereby zoned PUD -Planned Unit
Development zone District pursuant to the zoning ordinances of the
Town and in accordance with the Hurt PUD Outline Development Plan
approved by the Board of Trustees and on file with the Town, and
the Town zoning map shall be amended accordingly.
INTR07-, READ, ADO TED, APPROVED, AND ORDERED PUBLISHED IN
FULL this day of ' , 1998.
1
Attest:
~ T. L. Peterson
Town Clerk
052698/lOOS[sjl]c:Fireaton\Hurt.ord
. TOWN OF FIRESTONE, COLORADO
Rick Patterson .
Mayor
1111111 11111111111111111 IIIII Ill lllllll Ill 1111111111111
2616228 05/29/1998 03:26P Weld County CO
2 of 4 R 21.00 D 0.00 JA Suki Tsukamoto·
2
---. --,--_ -
I 1111[ lllll]llll llllll 111111111111111111 1111111111111
2616228 05/29/1998 03:26P Weld County CO
3 of 4 R 21.00 D 0.00 JA Suki Tsukamoto
HURT ANNEXATION NO. 1
EXHIBIT A
LEGAL DESCRIPTION
(page 1 of 2)
ALL TH.AT PORTION OF THE SOUTHEAST QUARTER OF SECTION ELEVEN AND THE
SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST
CF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD
NO. 22 WHERE IT INTERSECTS THE WEST RIGHT~OF-WAY OF WELD COUNTY
ROAD NO. 11, AND COKSIDERING THE WEST RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD NO. 11 AS BEARING N00 06'55"W AND WITH ALL OTHER
BEARINGS •::ONTAINED HEREIN RELATIVE THERETO:
THENCE Nll 56'13"E, 150.00 FEET; THENCE Sll 08'17"E, 150.00 FEET TO
A POINT ON THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 22;
THENCE ALJNG SAID NORTH RIGHT-OF-WAY LINE N89 36'02"W, 60.00 FEET
TO THE POINT OF BEGINNING.
THUS DESCRIBED PARCEL OF LAND CONTAINS 0.101 ACRES MORE OR LESS
HURT ANNEXATION NO. 2
ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION ELEVEN AND THE
SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD
NO. 22 WHERE IT INTERSECTS THE WEST RIGHT-OF-WAY OF WELD COUNTY
ROAD NO. 11, AND CONSIDERING THE WEST RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD NO. 11 AS BEARING N00 06' 55"W AND WITH ALL OTHER
BEARINGS CONTAINED HEREIN RELATIVE THERETO:
THENCE Nll 56'13"E, 150.00 FEET; THENCE Sll 08'17"E, 150.00 FEET TO
A POINT ON THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 22;
THENCE N0l 53'35"W, 7_50.00 FEET; THENCE S02 41'3l"W, 750.00 FEET
TO THE PCINT OF BEGINNING.
THUS DESCRIBED PARCEL OF LAND CONTAINS 0.415 ACRES MORE OR LESS.
' .
HURT ANNEXATION NO. 3
EXHIBIT A
LEGAL DESCRIPTION
(page 2 of 2)
ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION ELEVEN AND THE
SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD
NO. 22 WHERE IT INTERSECTS THE WEST RIGHT-OF-WAY OF WELD COUNTY
ROAD NO. 11, AND CONSIDERING THE WEST RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD NO. 11 AS BEARING N00 06' 55"W AND WITH ALL OTHER
BEARINGS CONTAINED HEREIN RELATIVE THERETO:
THENCE N02 41'31"E, 750.00 FEET; THENCE S0l 53'35"E, 750.00 FEET TO
THE EAST RIGHT-OF-WAY OF WELD COUNTY·ROAD NO. 11; THENCE ALONG SAID
EAST RIGHT-OF-WAY LINE, N00 06' 55"W, 2371.13 FEET; THENCE S89
53'05"W, 30.00 FEET; THENCE S66 52'18"W, 276.73 FEET; THENCE S40
28'5l"W, 191.92 FEET; THENCE S60 02'29"W, 155.40 FEET; THENCE S83
31'45"W, 126.52 FEET; THENCE N82 12'00"W, 255.50 FEET; THENCE S81
50'14"W, 132.22 FEET; THENCE S65 58'll"W, 225.10 FEET; THENCE S62
43'10"W, 82.47 FEET; THENCE S50 33'38"W, 326.83 FEET; THENCE S30
26'34"W, 128.34 FEET; THENCE S19 52'16"W, 126.45 FEET; THENCE Sl4
42'04"W, 209.51 FEET' THENCE S00 46'36"W, 121.43 FEET; THENCE Sll
07'06"E, 158.82 FEET; THENCE S04 26'17"E, 180.58 FEET; THENCE S88
39'07"E, 487.67 FEET; THENCE N61 27'44"E, 101.13 FEET; THENCE N57
12'58"E, 167.35 FEET; THENCE S79 47'35"E, 106.09 FEET; THENCE S49
24'50"E, 78.61 FEET; THENCE S33 48'15"E, 127.17 FEET; THENCE S46
24'25"E, 192.68 FEET; THENCE S31 46'25"E, 44.49 FEET; THENCE S22
29'15"E, 182.09 FEET; THENCE S25 53'20"E, 188.37 FEET; THENCE S89
35'35"E, 380.43 FEET TO THE WEST RIGHT-OF-WAY OF WELD COUNTY ROAD
NO. 11; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE S00 06'55"E,
254.15 FEET TO THE POINT OF BEGINNING.
THUS DESCRIBED PORTION OF LAND CONTAINS 54.450 ACRES MORE OR LESS.
1 1111111111111111111111111111111111111111111111111111111 · 'ii
; 2616228 0!5/29/1998 03:26P Weld Counly CO /
\ 4 of 4 R 21.00 D 0.00 JA Suki Tsukamolo J
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•
ORDINANCE NO.
AN ORDINhNCE ESTABLISHING STANDARDS FOR ISSUING ANNUAL OR SINGLE
TRIP PERMITS FOR OPERATION OF OVERWEIGHT VEHICLES ON TOWN STREETS
WHEREAS, pursuant to state law and the 1995 Edition of the
Model Tr2ffic Code for Colorado Municipalities, the Town Board
desires to adopt a permit process for permitting certain overweight
vehicles on Town streets.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Title 10 of the Firestone Municipal Code is
amended by the addition of Chapter 10.08, to read as follows:
Sections:
10.08.010
10.C8.020
10.C8.030
10.C•8.040
CHAPTER 10.08
PEFMITS FOR OVERWEIGHT VEHICLES
Application Standards
Contents of Application
Town May Issue Conditional Permit
Permit to be Carried in Vehicle
10.08.010 Application Standards. The Town Administrator or
the Town Administrator's designee, may, upon application in writing
and good cause being shown therefor, issue in writing, an annual
permit or a single trip permit, authorizing the applicant to
operate or move a vehicle of a weight exceeding the maximum
specified in Section 10.04.050 or otherwise not in conformity with
the provisions of this Title; provided, however, that no annual or
single trip permit shall be issued for vehicles to cross structures
if such vehicles are of weights in excess of the structural
capacity of such structures as determined by the Town Engineer.
10.08.020 Contents of Application. The application for any
sue~ permit shall specifically describe the vehicle and load to be
operated or moved and .the particular streets or other public ways
for which the permit. to operate is requested and whether such
permit is for a single trip or for continuous operation and the
time of such movement. The application shall be accompanied by a
• permit fee in the amount of $25.00 for an annual permit, or $10.00
·for a single trip permit.
52798/18: 22 [lank],:: \MyFiles\Firestone\0rd\OVerweight. Permit.wpd 1
10.CB.030 Town May Issue Conditional Permit. When granting a
permit, the Town Administrator or the Town Administrator's designee
may, at his or her discretion, limit the number of trips or
establist seasonal or other time limitations within which the
vehicles described may be operated on the public ways indicated,
and may ::it.herwise limit or prescribe conditions of operation of
such vehicle, when necessary to assure against undue damage to
streets, viaducts, bridges, and other public highways or highway
structures. The Town Administrator or the Town Administrator's
designee may also require such undertaking or security as may be,
deemed necessary to compensate for any injury to any street,
viaduct, bridge or other public highway or public highway
structure.
10.CB.040 Permit to be Carried in Vehicle. Every such permit
shall be carried in the vehicle or combination of vehicles to which
it refers and shall be open to inspection by any police officer or
authorized agent of any authority granting such permit and no
person shall violate any of the terms or conditions of such permit.
Section 2. The repeal or modification of any provision of
the Municipal Code of the Town of Firestone by this ordinance shall
not release, exting0.1ish, alter, modify, or change in whole or in
part any penalty, 'forfeiture, or liability, either civil or
criminal, which shall have been incurred under such provision, and
each provision shall be treated and held as still remaining in
force fo= the purpose of sustaining any and all proper actions,
suits, proceedings, and prosecutions for the enforcement of the
penalty, forfeiture, or liability, as well as for the purpose of
sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actions, suits, proceedings, or
prosecut:..ons.
INTRODUCED, READ, ADOPTED APPROVED AND ORDERED PUBLISHED IN
FULL this~day of ~ 1
, 1998.
TOWN OF FIRESTONE, COLORADO
Town
527 98/ 18; 22 [lank] C.:: \MyFiles\ ?irestone\Oc?\Overweight. Penni t. wpd 2
GRIFFITHS, TANOUE & LIGHT, P.C .
. ATTORNEYS AT LAW
BLAKE STREET TERRACE
I 860 BLAKE STREET, SUITE 550
DENVER, COLORADO 80202
Mr. Richard Mango
Commercial Vehicle Operations Unit
Colorado Department of Transportation
4201 East Arkansas
Denver, CO 80222
May 29, 1998
TEL. (303) 298-1601
FAX (303) 298-1627
E-MAIL kkelly@ecentral.com
Kathleen M. Kelly
Re: Ordinance Establishing Local Permit Standards for Overweight Vehicles
Dear Mr. Mango:
Enclosed for filing with the Department of Transportation pursuant to C.R.S. § 42-4-Sll(c) is
Ordinance No. 393 of the Town ofFirestone, which establishes standards for issuing annual or single
trip permits for operation of overweight vehicles on Town streets. The Ordinance was approved by
the Town Board of Trustees following public hearing on May 28, 1998.
Thank you again for your assistance and comments on the prior draft. If you have any questions,
please do not hesitate to contact me.
Sincerely,
GRIFFITHS, TANOUE & LIGHT, P.C.
By ~IA.~---Kathleen M. Kelly ·
cc: Trudy Peterson, Town Clerk/ Administrator
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ORDINANCE NO, ,, fj11
AN ORDINANCE ADOPTING BY REFERENCE THE 1997 EDITION OF THE UNIFORM
BUILDING CODE AND ENACTING AMENDMENTS THERETO, ADOPTING BY
REFERENCE THE 1997 EDITION OF THE UNIFORM MECHANICAL CODE AND
ENACTING AMENDMENTS THERETO, ADOPTING BY REFERENCE THE 1997 EDITION
OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, AND
ADOPTING BY REFERENCE THE 1997 EDITION OF THE UNIFORM HOUSING CODE.
WHEREAS, national building and construction standards have
been developed and from time to time amended and updated, as set
forth in various uniform codes, and it is deemed in the best
interest of the citizens of Firestone, and in the interest of the
public health, safety, and general welfare to adopt by reference
thereto said uniform codes and amendments thereof tailored to
accommodate particular circumstances and requirements of the Town;
and
WHEREAS, the Board of Trustees, after proper notice as
required by law, has held a public hearing on this ordinance
providing for the adoption of said codes; and
WHEREAS, the uniform codes and amendments thereof have been
submitted to the Board of Trustees in writing and the Board of
Trustees has determined that the uniform codes and amendments
thereof should be adopted as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Section 15.04.020 of the Firestone Municipal
Code is hereby repealed and reenacted, with amendments, to read as
follows:
15.04.020 Uniform Building Code Adopted. The Uniform
Building Code, 1997 Edition, Volumes I, II, and III, published by
the International Conference of Building Officials, 5360 Workman
Mill Road, Whittier, California, 90601, is hereby adopted by
reference thereto and incorporated into and made a part of the
Firestone Municipal Code. The purpose and subject matter of the
Uniform Building Code adopted herein include regulating
construction aspects of building through comprehensive provisions
and standards regulating the erection, construction, enlargement,
alteration, equipping, use, height, area, and maintenance of
buildings and structures and providing greater safety to the public
by uniformity in the building laws. Except as otherwise provided
herei~, the Uniform Building Code is adopted in full, including the
outline of contents, index, tables and appendices contained
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therein. Any reference to the Uniform Building Code within this
chapter shall be to the 1997 Edition of said code. The Town Clerk
shall maintain sufficient copies of the Uniform Building Code as
required by law in the Town Hall.
Section 2.
is hereby amended
read as follows:
Chapter 15.04 of the Firestone Municipal Code
by the adoption of a new Section 15.04.025 to
15.04.025 Appendices Adopted. The following appendices of
the 1997 Edition of the Uniform Building Code are hereby
specifically adopted; any appendices not listed are not adopted:
Appendix Chapter 3, Use or Occupancy; Appendix Chapter 4, Special
Use and Occupancy; Appendix Chapter 11, Accessibility; Appendix
Chapter 15, Reroofing; Appendix Chapter 18, Waterproofing and
Dampproofing Foundations; Appendix Chapter 31, Special
Construction; Appendix Chapter 33, Excavation and Grading; and
Appendix Chapter, 34 Existing Structures.
Section 3. Section 15. 04. 030 of the Firestone Municipal
Code is hereby repealed and reenacted, with amendments, to read as
follows:
15. 04. 030 Uniform Building Code--Amendments. The Uniform
Building Code as adopted by the Town is hereby amended as follows:
A. Section 103 is deleted. Penalties for violations are as
set forth in Section 15.04.080 of the Firestone Municipal Code.
B. Section 105.1 is amended to read as follows:
"In order to hear and decide appeals of orders, decisions or
determinations made by the building official relative to the
application and interpretation of this code, there shall be and is
he'reby created a board of appeals, comprised of the members of the
Town Board. The board shall adopt rules of procedure for
conducting its business, and shall render all decisions and
findings in writing to the appellant with a duplicate copy to the
building official."
C. Section 105.2 is amended by adding a second paragraph to
read as follows:
"The board of appeals shall require that sufficient evidence be
submitted to substantiate any claims made regarding the design and
the use of alternate materials or methods."
D. Section 108.5.5 is amended to read as follows:
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"Lath or gypsum board inspection. To be made only on walls which
are part of a fire-resistive assembly or structural diaphragm after
all lathing and gypsum board, exterior and interior, is in place,
but before any plastering is applied or before gypsum board joints
and fasteners are taped and finished."
E. Section 109.1 is amended by the deletion of the exception
contained therein fer Group R, Division 3 Occupancies.
F. Section 219 is amended by adding a new definition to read
as follows:
"Room, Sleeping (Bedroom) is a habitable room within a dwelling
unit designed for or used for the occupants primarily for the
purpose cif sleeping."
G. Section 310.6.1 is amended by adding an exception
following the first paragraph thereof to read as follows:
"EXCEPTION: A habitable basement room which is accessory to a
dwelling unit located above may have a ceilin9 height of seven (7)
feet as measured from the floor to finishe~ ceiling. Projections
such as beams, pipin9 and ducts shall not reduce the ceiling height
to less than six feet, eight inches (6'8") ."
H. Section 310.9.1.2 is deleted in its entirety and replaced
with the following:
"When one (1) or more sleeping rooms are added oi: created in the
existing Group R Occupancies, the entire dwelling unit shall be
provided with smoke detectors located and installed as required for
new Group R Occupancies described herein."
I. Table No. 3-B, Required Separation in Buildings of Mixed
Occupancy (Hours), is amended to add a footnote #6 to the entry in
the "B" row under the "R-3" column and to the entry in the "R-3"
row under the "S-2" column of the table to read as follows:
"6. For licensed home occupations as defined in the zoning
regulations of the Town that are located in a Group R Occupancy, no
separation is required."
J. Section 509.1 is amended by adding a second paragraph to
read as follows:
"All area wells, stair wells and light wells attached to any
building that are located less than thirty-six (36) inches from the
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nearest intended walking surface and deeper than forty-eight (48)
inches below the surrounding ground level, creating an opening
greater than twenty-four (24) inches measured perpendicular from
the building and with the side walls of such well having a slope
steeper than 2 horizontal to 1 vertical, shall be protected with
guardrails conforming to this section around the entire opening, or
be provided with an equivalent barrier."
"EXCEPTIONS:
1. The access side of stairways need not be barricaded.
2. Area wells provided for emergency escape and rescue windows
may be protected with approved grates or covers that comply with
Section 310.4 of this Code.
3. Covers and grates may be used over stairways and other
openings used exclusively for the service access or for admitting
light or ventilation."
K. • Section 711. 6 is amended by adding an exception as
follows:
"EXCEPTION:
1. Concealed laundry chutes located within individual dwelling
units need not be enclosed as specified above provided all of the
following conditions are met:
a. The chute is no more than four (4) square feet in cross-
sectional area, and
b. The chute is constructed of not less than No.26 gauge,
corrosion-resistant sheet steel, and
c. Openings are protected with self-closing doors and
constructed of not less than No.26 gauge corrosion-resistant
sheet steel, 1% inch thick solid core wood or equivalent
,material, and
d. The chute does not pass through more than two (2)
floors."
L. Section 1003.3.1.1 is amended by adding a fourth
paragraph to read as follows:
''Other doors which are provided for access only and are neither
required nor used for exit purposes need not conform to this
Chapter, provided such doors cannot be readily construed as exits
by building occupants. Such doors may be rendered permanently
inoperable, provided such doors do not have grasping hardware,
closers or exit signs installed thereon and are made to appear
inconspicuous or resemble the adjacent wall construction or are
provided with an obvious barricade."
M. Section 1003.3.1.6 is amended by adding a new item, 1.4,
under Exception 1 to read as follows:
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"1.4 Exterior doors, other than the main entrance door to a
dwelling unit, may ,:ipen at one intervening exterior step that is
equally spaced between the interior floor level above and exterior
landing below, provided the step has a minimum tread depth of
twelve (12) inches, a maximum riser height of eight (8) inches, and
a minimum width equal to the door width; and provided the door does
not swing over the step."
N. Section 1003.3.1.6 is amended by adding a paragraph to
read as follows:
"All exterior steps, walks, decks, and patios serving as exterior
door landings or exterior stairs shall be adequately anchored to
the building or otherwise permanently secured in place by approved
methods to prevent such landings or stairs from being undermined or
subject to significant displacement due to improper placement of
supporting backfill or due to inadequate anchoring methods."
0. The first sentence of the second paragraph of Section
1003.3.6 is amended to read as follows:
"The top of handrails and handrail extensions shall be placed not
less than thirty-two (32) inches nor more than thirty-eight (38)
inches above landings and the nosing of treads."
P. Section 1103.1.9.1 is amended by adding new provisions
after the last paragraph thereof to read as follows:
"When any building or buildings classified as Group R, Division 1
Occupancy, are constructed as a single building project (or any
phase thereof) and such building project (or phase) contains one or
more accessible dwelling units as required by this chapter or
Colorado law, said building project (or phase) shall be constructed
so that all such required accessible dwelling units in such project
(or phase) provide tne same functional features as are provided in
the non-accessible units in such building project (or phase), and
such functional features shall be provided in the same proportion
as in the non-accessible units."
"Not less than 50% of the required accessible dwelling units shall
be constructed with the distribution of accessible Dwelling unit
types being proportionally the same as the distribution of non-
accessible dwelling unit bedroom-types, provided that at least one
of each dwelling unit bedroom-type constructed in the building
project (or phase) shall be an accessible dwelling unit."
"For purposes of this section, the following definitions shall
apply:
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'Dwelling unit bedroom type' shall mean the number of bedrooms
within the dwelling unit.
'Functional feature' shall mean: a closet, a garage, a
carport, a patio, a deck, additional rooms (such as bedroom,
bathroom, den, storeroom, laundry or similar room) and any other
significant feature built at the time of original construction that
offers occupants improved convenience or comfort. Aesthetic or.
decorative features such as colors, architectural design elements,
trim and finish materials, decorative heating appliances not
providing the primary comfort heat source, lighting fixture style,
cabinet and hardware style, plumbing fixture style, the type and
location of windows and glazed lights, or any similar miscellaneous
features shall not be construed as functional features. Fractional
results in determining the number and the type of dwelling units
required to comply with this section shall be rounded up to the
nearest whole number."
Q. The first sentence of Section 1103.1.9.2 is amended to
read as follows:
"Hotels, lodging houses and congregate residences shall be provided
with accessible units complying with the standards promulgated by
the American National Standards Institute pamphlet number A117.1-
1992. This shall apply to one (1) unit for each seven (7) units or
major fraction thereof as follows:
Total Number of
1 to 7
8 to 14
15 to 21
22 to 28
29 to 35
36 to 42
Units Accessible Units Required
0
1
2
3
4
5
Etc. Etc."
R. Section 1203.2 is amended by deleting the Exception in
its entirety and adding two new exceptions thereto to read as
follows:
"EXCEPTIONS:
1. Artificial light may be
habitable rooms in basements
such rooms are not a part of
2. Kitchens in Group R
artificial light."
substituted for natural light for all
other than in sleeping rooms, provided
a dwelling unit located in a basement.
Occupancies may be provided with
s. Section 1614 is amended by entirely deleting the
provisions thereunder and replacing them with the following:
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"Buildings and other structures and all portions thereof that are
subject to snow loading shall be designed to resist such snow loads
in accordance with Appendix Chapter 16, Division 1, wherein the
'ground snow load' Pg shall be 30 psf."
T. Section 1618 is amended to read as follows:
"Basic wind speed. The minimum basic wind speed for determining
design wind pressure shall be one hundred (100) miles per hour."
U. Table 23-IV-J-l and Section 2320.8.1 is amended by adding
a second paragraph to read:
"Pre-manufactured I-Joist floor systems must be installed a maximum
of 19.2 inches on center, unless a minimum 1¼ inch floor deck is
installed, or an engineered drawing with a State of Colorado stamp
is provided for each property."
V. Table 23-IV-B
references to studs on 24
added paragraph to read:
is amended by the deletion of all
inch centers, and further amended with an
"All studs in walls either interior or exterior, bearing or non-
bearing in Group R Occupancies shall be a minimum of 16 inches on
center."
W. Subsection 5 of Section 2406. 4 is amended to read as
follows:
"5. Glazing in walls and doors o.f shower, bathtub, sauna, steam
room, and spa enclosures when either one of the following
conditions exist:
a. Any portion of such glazing is :Cess than sixty ( 60)
inches above the drain inlet and standing surface, or
b. Any portion of such glazing is within forty-eight (48)
inches of the nearest interior surface of a tub."
X. Subsection 6 of Section 2603.7.1, item "6" is amended by
adding an exception #3 to read as follows:
"3. In Group R, Di vision 1, apartment houses and Di vision 3
Occupancies, the minimum separation may be eighteen (18) inches."
Y. Appendix Chapter 4, Division 1, is amended to apply only
to swimming pools exceeding the requirements of section 106.2 #11.
Z. Appendix Chapter 15, Section 1516.2, is amended by adding
a new subsection to read as follows:
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"After the application of three (3) overlays, all existing overlays
shall be removed to the roof decking. The decking shall be
inspected for damage prior to the installation of new overlay, and
inspected again upon completion."
AA. Sections 1832, 1834, 1835 and 1836 of Appendix Chapter 18
are hereby deleted.
Section 4. Section 15.04.040 of the Firestone Municipal
Code is hereby amended to read as follows (text to be deleted is
stl'.ieken thl'.ot1gh; text to be added is underlined) :
15.C4.040 Uniform Mechanical Code Adopted. The Uniform
Mechanical Code, 199-tl Edition, published by the International
Conference of Building Officials, 5360 Workman Mill Road, Whittier,
California, 90601, including appendices A, B, and C, and D is
hereby adopted by reference thereto and incorporated into and made
a part o= the Firestone Municipal Code. The purpose and subject
matter of the Uniform Mechanical Code include minimum standards
relating to the mechanical installations in or in connection with
the construction, alteration and repair of new and existing
structures including design, construction, installation, quality of
materials, locations, operation, and maintenance or use of heating,
ventilation, cooling refrigeration systems, incinerators and other
miscellaneous heat-producing appliances. Except as otherwise
provided herein, the Uniform Mechanical Code is adopted in full,
including the outline of contents, index, TABLES and appendix
contained therein. In all sections of this chapter where a
referencE is made to the Uniform Mechanical Code, said reference
shall be to the 199-tl Edition of said code. The Town Clerk shall
maintain sufficient copies of the Uniform Housing Code as required
by law in the Town Hall.
Section 5. Section 15.04.50
Code is hereby repealed and reenacted,
follows:
of the Firestone Municipal
with amendments, to read as
15.04.050 Uniform Mechanical Code--Amendments. The Uniform
Mechanical as adopted by the Town is hereby amended as follows:
A. SubsectioL 9 of Section 1314 is amended by adding an
exception to read:
"EXCEPTICN: Liquified petroleum gas appliances may be used in any
basement, or when replacing an existing LP appliance in an existing
crawlspace, if approved sensors, an automatic gas shut off valve,
and an audible alarm are installed. The sensor, valve, and alarm
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shall be approved by the Building Official prior to installation."
Section 6. Section 15.04.160 of the Firestone Municipal
Code is hereby amended to read as follows (text to be deleted is
51:l'.id::en tltrot:tglt; text to be added is underlined) :
15.04.160 Uniform Code for the Abatement of Dangerous
Buildings Adopted. The Uniform Code for the Abatement of Dangerous
Buildings, 199T} Edition, published by the International Conference
of Building Officials, 5360 Workman Mill Road, Whittier,
California, 90601 is hereby adopted by reference thereto and
incorporated into and made a part of the Firestone Municipal Code
as the dangerous b1:.ilding code of the Town. The purpose and
subject matter of the code include the provision of just, equitable
and practical procedures for the classification and abatement of
cj.angerous buildings. Except as otherwise provided herein, the
Uniform Code for the Abatement of Dangerous Buildings, 199T}
Edition, is adopted in full, including the outline of contents and
index contained therein. Any reference to the Dangerous Building
Code within this chapter shall be to the 199T} Edition of the
Uniform Code for the Abatement of Dangerous Buildings.
Section 7. Section 15.36.010 of the Firestone Municipal
Code is hereby amended to read as follows (text to be deleted is
.stl'.icke11 Llrrot:tQ!t; text to be added is underlined) :
15,36.010 Uniform Housing Code Adopted. Uniform Housing
Code, 199T} Edition, published by the International Conference of
Building Officials, 5360 Workman Mill Road, Whittier, California,
90601 is hereby adopted by reference thereto and incorporated into
and made a part of the Firestone Municipal Code. The purpose and
subject matter of the code include the provision of minimum
standards to safeguard life, limb, health, property and public
welfare by regulating and controlling the -use and occupancy,
location and maintenance of all residential buildings and
structures. Except as otherwise provided herein, the Uniform
Housing Code, 199T} Edition, is adopted in full, including the
outline of contents contained therein. Any reference to the
Uniform Housing Code or housing code within this chapter shall be
to the 199T} Edition of said code. The Town Clerk shall maintain
sufficient copies of the Uniform Housing Code as required by law in
the Town Hall.
Section 8. Resolution No. 96-6, adopted March 14, 1996, is
hereby repealed. Fees under the Uniform Building Code and the
Uniform Mechanical Code adopted by this ordinance shall be as set
forth in the fee tables contained in such codes and also adopted by
this ordinance.
6998/12:23[kmk]C;\MyFiles\Firestone\Bldg'97.0rdF.wpd 9
Section 9. If any portion of this ordinance or of the
codes and standards adopted herein is held to be invalid for any
reason, such decision shall not affect the validity of the
remaining portions of this ordinance. The Board of Trustees hereby
declares that it would have passed this ordinance and each part
hereof irrespective of the fact that any one part be declared
invalid.
Section 10. The repeal or modification of any provision of
the Municipal Code of the Town of Firestone by this ordinance shall
not release, extinguish, alter, modify, or change in whole or in
part any penalty, forfeiture, or liability, either civil or
criminal, which shall have been incurred under such provision, and
each provision shall be treated and held .as still remaining in
force for the purpose of sustaining any and all proper actions,
suits, proceedings, and prosecutions for the enforcement of the
penalty, forfeiture, or liability, as well as for the purpose of
sustainin,;; any judgment, decree, or order which can or may be
rendered, entered, or made in such actions, suits, proceedings, or
prosecutions.
Section 11. All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are hereby repealed to the extent of such inconsistency or
conflict.
Section 12. Any person who violates any provision of this
Ordinance shall be punished by a fine of not more than $1,000 or by
imprisonment not to exceed one (1) year, or both such fine and
imprisonment. Each day during any portion of which any violation
of any provision of this Ordinance is committed, continued, or
permitted by any such person shall be a separate offense.
cf
I~TRQ~W:ED, READ, AND SET FOR PUBLIC HEARING this .dL!'day of
~-,e.L, I 1998 •
_A_D_o~~J,.,T ... a.<~:;<,~'&'AC<.,P-P_R_o_VE_D_, _~Dl~:~~RED PUBLISHED IN FULL this J7'°day
u TOWN OF FIRESTONE, COLORADO
Rickatterson,
Mayor
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' .
T. L. Peterson,
Town Clerk
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ORDINANCE NO.
AN ORDINANCE CONCERNING PENALTIES UPON CONVICTION OF POSSESSION
OF MARIJUANA.
WHEREAS, under the Firestone Municipal Code, possession of
marijuana in an amount of one ounce or less is classified as a
petty offense; and
WHEREAS, upon conviction of a petty offense, the Fires.tone
Municipal Code provides that only a fine, not to exceed three
hundred d::illars, shall be imposed; and
WHEREAS, C.R.S. § 18-18-406 provides that possession of less
than one ounce of marijuana shall be punished by a fine not to
exceed one hundred dollars; and
WHEREAS, an amenctm,ent to the Firestone Municipal Code is
necessary to bring the Town's ordinance into conformance with the
state statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Section 9.04.040.B. of the Firestone Municipal
Code is amended to read as follows:
B. Petty offense: by a fine only. UNLESS SPECIFICALLY
INDICATED OTHERWISE IN THIS CODE, SUCH FINE SHALL not tt,-exceed
three hundred dollars.
Section 2. Section 9.32.030.B. of the Firestone Municipal
Code is amended to read as follows:
B. A violation of this section is a petty offense, AND UPON
CONVICTION ONLY A FINE, NOT TO EXCEED ONE HUNDRED DOLLARS, SHALL BE
IMPOSED.
Section 3. If any article, section, paragraph, sentence,
clause, or phrase of this ordinance is held to be unconstitutional
or invalid for any reason, such decision shall not affect the
validity or cons ti tutionali ty of the remaining portions of this
ordinance. The Town Board hereby declares that it would have
passed this ordinance and each part or parts hereof irrespective of
the fact ~hat any one part or parts be declared unconstitutional or
invalid.
Section 4. All other ordinances· or portions thereof
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inconsistent or conflicting with this ordiriance or any portion
her~of are hereby repealed to the extent of such inconsistency or
conflict.
Section 5. The repeal .or modification of any provision of
the Municipal Code of the Town of Firestone by this ordinance.shall
not release, extinguish, alter, modify, or change in whole or in
part any penalty, forfeiture,· or liability, either civil or
criminal, which shall have been incurred under such provision, and
each provision shall be treated and held as still remaining in
force for the purpose of sustaining any and all proper actions,·
suits, proceedings, and prosecutions for the enforcement of the
penalty, forfeiture, or liability, as well as .for the purpose of
sustaining any judgment, decree, or order which can or may be
rendered, ·entered, or made in such actions, suits, proceedings, or
prosecution~. · ·
FULL
INTRODUCED, READ, AD,,,9P1'ED, APPROVED, AND ORDERED PUBLISHED IN
this K_ day of_------,;~~~~~'/~·-------' 1998. /
Attest:
T.L. Peterson
Town Clerk
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TOWN OF FIRESTONE, COLORADO
Rick Patterson
Mayor
ORDINANCE NO. c.1:;f~
AN ORDINANCE REZONING CERTAIN PROPERTY WITHIN THE TOWN OF
FIRESTONE.
WHEREAS, there has been filed with the Board of Trustees of
the Town of Firestone an application for an amendment to the
approved zoning and Outline Development Plan for a portion of Phase
II of the Dollaghan PUD, which portion of Phase II is described in
Exhibit A, attached hereto and made a part hereof (hereinafter the
"Property"); and
WHEREAS, the Property is currently zoned Planned Unit
Development Residential-A (PUD R-A), with a minimum lot size of one
and one-half acres; and
WHEREAS, in the application it is requested that the current
zoning and Outline Development Plan be amended with respect to the
Property to allow for. a greater density of single-family lots
within the PUD R-A land use category; and
WHEREAS, the Firestone Planning Commission has held a duly-
noticed public hearing on the application and has forwarded its
recommendation to the Board of Trustees, and.the Board of Trustees
has duly considered the Commission's recommendation; and
WHEREAS, the Board of Trustees has held a duly-noticed public
hearing on the application; and
WHEREAS, no protests were received by the Town pursuant to
C.R.S. §31-23-305; and
WHEREAS, a rezoning of and Outline Development Plan amendment
for the Property, to allow for a greater density of single-family
lots within the PUD R-A land use category, is consistent with the
Town's plan for the area encompassed by the Property.
NOW, .THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The proposed amendment to the approved zoning
and Outline Development Plan for that portion of Phase II of the
Dollaghan PUD which is described in Exhibit A, attached hereto and
made a part hereof, is hereby approved pursuant to the zoning
ordinances and development regulations of the Town, subject to the
conditions set forth on Exhibit B, attached hereto and made a part
hereof, and the Town zoning map shall be amended accordingly.
I~ROmD, READ,p;;P ED, APPROVED, AND ORDERED PUBLISHED IN
FULL this ~day of ~~~-u-=""'=-------' 1998. u
1
ATTEST:
Town
070998/1644[sjl]c:Fireston\USHomes.ord,
\
2
TOWN OF FIRESTONE, COLORADO
RickPatterson
Mayor
EXHIBIT A
Zoning Legal Description
A PARCEL OF LAND BEING LOCATED IN SECTION 7, TOWNSHIP 2 NORTH,
RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE,
COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS : .
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 7 WHENCE THE
EAST ONE-QUARTER CORNER OF SAID SECTION 7 .BEARS NORTH 00°51' 25 11
EAST A DISTANCE OF 2698. 64 FEET, SAID LINE. FORMING THE BASIS OF
BEARINGS FOR THIS DESCRIPTION; THENCE NORTH 0 0°51' 2 5 11 EAST ALONG
SAID EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 7 A DISTANCE
OF 1845.34 FEET; THENCE NORTH 89°08'35'; WEST A DISTANCE OF 30.00
FEET TO THE TRUE POINT Q.E BEGINNING.
THENCE NORTH 80°41' 10 11 WEST ALONG THE NORTHERLY BOUNDARY LINE OF A
PARCEL OF LAND DESCRIBED IN BOOK 1577, RECEPTION NUMBER 2520481 OF
THE WELD COUNTY RECORDS A DISTANCE OF 320.01 FEET; THENCE NORTH
00°51'25" EAST A DISTANCE OF 856.32 FEET; THENCE NORTH 00°51'08 11
EAST A DISTANCE OF 413.18 FEET; THENCE NORTH 89°36'25 11 EAST .A
DISTANCE OF 320.08 FEET; THENCE ALONG THE WESTERLY RIGHT-OF-WAY
LINE OF ROAD NUMBER 15 AS DESCRIBED IN BOOK 86, PAGE 273 OF THE
' ' WELD COUNTY RECORDS THE FOLLOWING TWO (2) COURSES:
1. SOUTH 00°51'08 11 WEST A DISTANCE OF 420.15 FEET;
2. THENCE SOUTH 00°51' 25 11 WEST A DISTANCE OF 853. 30 FEET TO
THE IfillE. POINT OF BEGINNING.
SAID PARCEL OF LAND CONTAINS 406,871 SQUARE FEET OR 9.340 ACRES.
3
•
EXHIBIT B
Firestone Subdivision (Located within the Dollaghan PUD)
Rezoning Conditions
1. No direct vehicular access onto Road 15 from individual lots.
2. The minimum building setback from the expanded right-of-way
line of Road 15 shall be 100 feet.
3. The ODP text should state that there shall be no more than 14
dwelling units permitted in this area.
4. The Applicant shall cooperate with the Town in preparation of
a revised ODP map and ODP text that clearly depicts an
amendment to the Dollaghan PUD Outline Development Plan for
all 0f the annexed Dollaghan PUD, (i.e. Phases I, II and III).
This amendment should also reflect the ODP amendment to the
Dollaghan PUD that was approved by the Town. Thus, there
would be one comprehensive and current ODP map and text for
the Dollaghan PUD, as amended.
5. An intense additional 30-foot landscape treatment be
established between the expanded right-of-way line of Road 15
and the adjoining lots to the west, including sculptured
berming, larger-caliper deciduous trees, flowering trees, and
tall evergreen trees .being planted in a natural pattern on the
berm, along with a variety of shrubs and sod. This area
should have an electronically operated irrigation system.
This area would be maintained by the homeowner's association.
07l498/1142[sjl]c:Fireston\USHomes.ord
4
ORDINANCE NO. '-r19-7
AN ORDINANCE AMENDING CHAPTER 12.20 AND SECTION 16.16.080 OF THE
FIRESTONE MUNICIPAL CODE, CONCERNING STREET NAMES, TO REQUIRE THAT
STREETS BE NAMED IN ACCORDANCE WITH THE FIRESTONE STREET NAME GRID.
AND POLICIES.
WHEREAS, in order to provide for the orderly naming of Town
streets, and to enable particular streets and houses to be found as
quickly and easily as possible, the Town Board of Trustees, upon
recommendation of the Planning Commission, has adopted the
Firestone Street Name Grid and Policies, which includes intended
names of future Town streets and related policies; and
WHEREAS, references to such Street Name Grid and Policies are
needed in the Firestone Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Chapter 12.20 of the Firestone Municipal Code is
hereby amended by the addition of a new section 12.20.040 reading
as follows:
12. 20. 040 Assignment of Names. All streets shall be
named in conformance with the Firestone Street Name Grid and
Policies which are included within the Firestone Development
Regulations and available for inspection at Town Hall.
Section 2. Section 16.16.080 of the
is hereby amended to read as follows
underline and strikeoot) :
Firestone Municipal Code
(changes are shown in
16.16.080 Street Names. Proposed streets shall be named
in conformance with the Firestone Street Name Grid and
Policies which are included within the Firestone Development
Regulations, ia. alignmeBt ,~•itft -existiR§ stFccts should bear
the names of existing str:eets. Hhen stFeets arc H:Ot ia
ali~Rffleflt, Haff\€!□ shottlfl: fl.et be ttsed which weul6 eJ.uplieate er
be confused with 'tftc Hames et e;,cistiH:g. stFects. All street
a~es are sttl9ject to ap13roval by thc_plaH:H:ing cemmissioa.
Section 3. If any portion of this ordinance is held to be
invalid for any reason, such decision shall not affect the validity
of the remaining portions of this ordinance. The Board of Trustees
hereby declares that it would have passed this ordinance and each
part hereof irrespective of the fact that any one part be declared
invalid.
1
" •
Section 4. . All other ordinances or portions thereof
inconsistent or conflicting with this ordinance or any portion
hereof are.hereby repealed to the extent of such inconsistency or
conflict.
INTRO~ED, REJI.D, AD AND ORDERED PUBLISHED IN
FULL this .t'Pday of -~#~~------' 1998.
TOWN OF FIRESTONE, COLORADO
Rick Patterson
Attest:
~;____· c~
Town Clerk
072398/1655 {aj lJ] c:Fireston\Streets .ord
2
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, 2629146. 07/29/1998 11:46A Weld Cou,:,tv CO 1· l 1 of s·R 26.00 o. 0.00 JA Suki ,:sukamoto )
ORDINANCE NO.~ _Jfy'
AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE SHORES
ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO
WHEREAS, a petition for annexation of certain unincorporated
property, to be known as The Shores Annexation and described in
Exhibit A attached hereto, has been filed with the Town Board of
the Town of Firestone; and
WHEREAS,' pursuant to §31-12-108 to -110, the Town Board on
October 23, 1997, held a duly-noticed public hearing to consider
the proposed annexation; and
WHEREAS, notice ot the hearing was published February 4, 11,
18 and 25, 1998, in the Farmer & Miner Newspaper; and
WHEREAS, the Town Board, by resolution, has determined that
the petition is in substantial compliance with the applicable laws
of the State of Colorado, that the area proposed to be annexed is
eligible for annexation, and further has determined that an
election is not required, and further found that no additional
terms and conditions are to be imposed upon said annexations except
any provided for in said petition.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
) -
Section 1. The annexation to the Town of Firestone of the
property described in Exhibit A, attached hereto and incorporated
herein by this reference, and known as The Shores Annexation, is
hereby approved and such property is made a part of and annexed to
the Town of Firestone.
Section 2. The annexation of said territory is subject to the
conditions provided for in the petition for annexation of said
property .filed with the Town of Firestone.
INTRODUCEDJ,;READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN
FULL this J.? day of ~ , 1998.
Attest, ~
c;:;ff~
T. L. Peterson
Town Clerk
TOWN OF FIRESTONE, COLORADO
1
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1111111 111111111111111 IIIIII IIIIII IIIII Ill 1111111111111 .
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EXHIBIT A-LEGAL DESCRIPTION
A parcel of land situate in the Northwest quarter and the Southwest
quarter of Section 7, Township 2 North, Range 67 West, of the 6th
P.M., County of Weld, State of Colorado, being more particularly
described as follows: Considering the South line of the Southwest
quarter of Section 1, Township 2 North, Range 68 West, of the 6th
P.M., as bearing North 89°47'54 11 West and with all bearings
contained herein relative thereto: Commencing at the West quarter
corner of said Section 7, said point being the TRUE POINT OF
BEGINNING of this description; thence along the West line of the
Northwest quarter of said Section 7, North 00°24'59 11 East 2675.27
feet to a point 30.00 feet South of the Northwest corner of said
Section 7; thence South 88°30'45 11 East 30.00 feet to the East
right-of-way of Weld County Road (WCR) 13; thence South 00°24'59 11
West 794.71 feet; thence North 89°36'56 11 East (previously described
as North 89°27'37 11 East) 184.99 feet; thence South 83°21'35" East
103.00 feet; thence South 63°35'35" East 162.00 feet; thence South
80°58'35 11 East 130.00 feet; thence North 29°05'25 11 East 84.00 feet;
thence North 42°23'.25 11 East 293.00 feet; thence North 61°48'25 11
East 53.00 feet; thence North 87°03'25" East 316.00 feet; thence
South 66°42'35" East 176.00 feet; thence South 77°12'35" East
110.00 feet; thence South 89°44'50" East 313.78 feet to a point on
the West most line of land described in Book 1596 at Page 830
recorded in the Recorders Office of said County; thence along said
West most line the following (3) courses and distances; (1) South
30°21'19" West 793.13 feet; (2) South 88°56'13 11 East 28.56 feet
{previously described as 28.67 feet); (3) South 30°20'19" west
1550.44 feet {previously described as South 30°21'19" west 1550.24
feet) to a point on the South line of said Northwest quarter of
Section 7; thence along said South line, North 89°01' 58" West
602. 51 feet to said East right-of-way; thence along said East
right-of-way, South 00°24'20" west; 1548.98 feet; thence North
88°50'57 11 west 30.00 feet to the west line of said Section 7;
thence along the West line of said Section 7, North 00°24'20 11 East
1548.98 feet to the point of beginning and containing 55.912 acres
more or less gross. TOGETHER with a parcel of land situate in the
East half of Section 12, Township 2 North, Range 68 West, of the
6th P.M., County of Weld, State of Colorado, being more
particularly described as follows: Considering the South line of
the Southwest quarter of Section 1, Township 2 North, Range 68
West, of the 6th P. M. , as bearing North 8 9 ° 4 7' 54" West and with all
bearings contained herein relative thereto: Commencing at the
Northeast corner of said Section 12; thence along the East line of
the Northeast quarter of said Section 12; South 00°24 '59" West
30.00 feet to a point, said point being the TRUE POINT OF BEGINNING
of this description; thence continuing South 00°24' 59" West 2675. 26
feet to the East quarter corner of said Section 12; thence along
the East line the Southeast quarter of said Section 12; South
00°24'20" West 1548.89 feet to a point that is North 00°24'20 11 West
1154.10 feet from the Southeast corner of said Section 12; thence
North 88°50'57" west 1328.63 feet to a point on the west line of
the East half of the Southeast quarter of said Section 12, said
2
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point being North 00°32'56" East 1154.06 feet from the Southwest
corner to the Southeast quarter of the Southeast quarter of said
Section 12; thence along the West line of East half of the
Southeast quarter of said Section 12, North 00°32'56" East 92.29
feet; thence North 89°04'07" West 400.00 feet; thence North
00°32'56" East 100.00 feet to a point on the South line of the
North half of the Southeast quarter of said Section 12; thence
along said South line, South 89°04' 07" East 400. 00 feet to the
Southwest corner of the Northeast quarter of the Southeast quarter
of said Section 12; thence along the west line of the East half of
the Southeast quarter of said Section 12, North 00°32'56" East
1346.29 feet to the C-E sixteenth corner; thence along the West
line of the East half of the Northeast quarter of said Section 12;
North 00°33'04" East 2663.54 feet to the South right-of-way of Weld
County Road (WCR) 24; thence along the South right-of-way, South
89°48'05" East 640.41 feet to the West line of Lot A of the
Recorded Exemption 1313-12-1-RE1340 records of said County; thence
along the west line of said Lot A, South 00°24'59" west 270.00 feet
to the South line of said Lot A; thence along the South line of
said Lot A, South 89°48'05" East 648.00 feet to the West right-of-
way of said WCR 13, thence along the said West right-of-way, North
00°24'59" East 270.00 feet to the South right-of-way of said WCR
24; thence South 89°48'05" East 30.00 feet to the point of
beginning and containing 124. 901 acres more or less gross. TOGETHER
with a parcel of land situate in Section 1, Township 2 North, Range
68 West, of the 6th P.M., County of Weld, State of Colorado, being
more particularly described as follows: Considering the South line
of the Southwest quarter of Section 1, Township 2 North, Range 68
West, of the 6th P.M., as bearing North 89°47'54" West and with all
bearings contained herein relative thereto: Commencing at the South
quarter corner of said Section l; thence North along the East line
of the Southeast quarter of the Southwest quarter of said Section
1, North 00°31'07" East 30.00 feet to the North right-of-way of
said WCR 24, said point being the TRUE POINT OF BEGINNING of this
description; thence along said North right-of-way, North 89°47'54"
West 2741.95 feet to the West line of the Southwest quarter said
Section 1; thence along said West line, North 01°31'48" East
2626.35 feet; thence along the West line of the Northwest quarter
of said Section 1, North 01°34'53" East 1319.17 to the Northwest
corner of the Southwest quarter of the Northwest quarter of said
Section 1; thence continuing North 01°34'53" East 20.60 feet to the
North right-of-way of Weld County Road (WCR) 24 3/4; thence South
89°31'06" East 1334.49 feet to a point on the west line of Lot A of
the Recorded Exemption 1313-l-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 72°55'39"
East 116.39 feet; (6) North 85°14'02" East 132.54 feet; (7) South
89°34'18" East 55.00 feet; (8) South 53°49'04" East 30.81 feet; (9)
South 82°26'48" East 48.37 feet; (10) South 83°13'53" East 27.17
3
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feet; (11) South 70°51 1 49 11 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 1 08 11 East 243.84 feet; thence North 88°51 1 38"
East 1968.70 feet to a point that is South 88°51 1 38" West 660.00
feet from the East line of the Northeast quarter of said Section 1;
thence South 00°24 1 41 11 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 1 24" west 1970.98 feet to the center
quarter corner; thence along the West line of the Southeast quarter
of said Section 1, South 00°31 1 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 1 24"
East 1317. 24 feet (previously recorded as 1316. 96 feet) to the
Northeast corner of the Southwest quarter of the Southeast quarter
of said Section 1; thence along the East line of the Southwest
quarter of the Southeast quarter of said Section 1, South 00°27 1 27"
West 1334.26 feet to the said North right-of-way of WCR 24; thence
along said North right-of-way, North 89°48 1 53" west 1318.32 feet to
the point of beginning and containing 337.735 acres more or less
gross. TOGETHER with a parcel of land situate in the East half of
Section 2, Township 2 North, Range 68 west, of the 6th P.M., County
of Weld, State of Colorado, being more particularly described as
follows: Considering the South line of the Southwest quarter of
Section 1, Township 2 North, Range 68 West, of the 6th P.M., as
bearing North 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 1 48" East 30.00 feet to the North right-of-
way of WCR 24, said point being the TRUE POINT OF BEGINNING of this
description; thence continuing along said East, North 01°31 1 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 1 53 11 East 20.60 feet to the North
right-of-way of Weld County Road (WCR) 24 3/4; thence along said
North right-of-way, North 89°31 1 06" West 1334.26 feet to a point
30.00 feet west of the Northwest corner of the Southeast quarter of
the Northeast quarter of Section 2; thence along a line parallel
with and 30.00 feet West of and 20.82 feet North of the West line
of the Southeast quarter of the Northeast quarter, also being the
West right-of-way of Weld County Road (WCR) 9 3/4, South 01°24 1 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 1 42 11 west 2627. 90 feet to the North right-of-way of said
WCR 24; thence along said North right-of-way, South 89°25 1 07 11 East
907.02 feet to Westerly line of Lot A, of the Recorded Exemption
1313-2-4-RE405, records of said County; thence along said Lot A the
following four (4) courses and distances; (1) North 17°05 1 42" East
200.12 feet; (2) North 30°27 1 35 11 East 207.93 feet; (3) North
62°58 1 03" East 295.78 feet; (4) South 01°31 1 48 11 West 509.33 feet to
4
.
' '
said North right-of-way of WCR 24; thence along said North right-
of-way, South 89°25'07" East 3.00 feet to the point of beginning,
containing 117.548 acres more or less gross.
Total area for all parcels are 636.095 acres more or less gross.
031298/1730[sjl]c:Fireston\shoree.ord
( 1111111111111111111111 llllll llllll lllll Ill lllll llll llll
. 2629146 07/29/1998 11:46A Weld County CO
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! 2629147 07/29/1998 11:46A Weld County CO
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ORDINANCE NO. ~ j 'f 1
AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF
FIRESTONE AND KNOWN AS THE SHORES ANNEXATION.
WHEREAS, a petition for annexation of certain property,
described in Exhibit A attached hereto and made a part hereof, and
known as The Shores Annexation was filed with the Board of Trustees
of the Town of Firestone; and
WHEREAS, the property was annexed to the Town by ordinance;
and
WHEREAS, the Board of Trustees must provide for the zoning of
the property; and
WHEREAS, the Board of Trustees provided notice of the public
hearing on said zoning by publication as provided by law; and
WHEREAS, no protests were received by the Town pursuant to
C.R.S. §31-23-305; and
WHEREAS, the landowners of the property requested a Planned
Unit Development zoning classification and have submitted an
Outline Development Plan in connection with the zoning request; and
WHEREAS, a Planned Unit Development zoning classification is
consistent with the Town's plan for the area encompassed by The
Shores Annexation; and
WHEREAS, the Firestone Planning Commission has held a public
hearing on the landowner's zoning request and forwarded its
recommendation to the Board of Trustees, and the Board of Trustees
has duly considered that recommendation.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. That certain property known as The Shores
Annexation, the legal description of which is set forth in Exhibit
A attached hereto and made a part hereof, is hereby zoned PUD -
Planned Unit Development zone District pursuant to the zoning
ordinances of the Town and in accordance with The Shores Outline
Development Plan approved by the Board of Trustees and on file with
the Town, and the Town zoning map shall be amended accordingly.
INTRODUCED, READ, !illQ.;;r'ED, APPROVED, AND ORDERED PUBLISHED IN
FULL this~day of ~~ , 1998.
1
~~---l ~~:l!~l~~~~llll!~~:~!~~~111 1111 J
Attest:
~ F.kterson
Town Clerk
TOWNciF FIRESTONE, COLORADO
tterson
. ........ '
2
SEAL
.....,, / .. ..•·
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-------·------------------·
EXHIBIT A-LEGAL DESCRIPTION
SHORES ANNEXATION TO TOWN OP FIRESTONE
A parcel of land situate in the Northwest quarter and the Southwest
quarter of Section 7, Township 2 North, Range 67 west, of the 6th
P.M., County of Weld, State of Colorado, being more particularly
described as follows: Considering the South line of the Southwest
quarter of Section 1, Township 2 North, Range 68 West, of the 6th
P.M., as bearing North 89°47'54" west and with all bearings
contained herein relative thereto: Commencing at the West quarter
corner of said Section 7, said point being the TRUE POINT OF
BEGINNING of this description; thence .along the West line of the
Northwest quarter of said Section 7, North 00°24'59" East 2675.27
feet to a point 30.00 feet South of the Northwest corner of said
Section 7; thence South 88°30'45" East 30.00 feet to the East
right-of-way of Weld County Road (WCR) 13; thence South 00°24'59"
West 794.71 feet; thence North 89°36'56" East (previously described
as North 89°27'37" East) 184.99 feet; thence south 83°21'35" East
103.00 feet; thence South 63°35'35" East 162.00 feet; thence South
80°58'35" East 130.00 feet; thence North 29°05'25" East 84.00 feet;
thence North 42°23'25" East 293.00 feet; thence North 61°48'25"
East 53.00 feet; thence North 87°03'25" East 316.00 feet; thence
South 66°42'35" East 176.00 feet; thence South 77°12'35" East
110.00 feet; thence South 89°44'50" East 313.78 feet to a point on
the West most line of land described in Book 1596 at Page 830
recorded in the Recorders Office of said County; thence along said
west most line the following (3) courses and distances; (1) South
30°21'19" west 793.13 feet; (2) South 88°56'13" East 28.56 feet
(previously described as 28.67 feet); (3) South 30°20'19" West
1550.44 feet (previously described as south 30°21'19" West 1550.24
feet) to a point on the South line .of said Northwest quarter of
Section 7; thence along said South line, North 89°01' 58" west
602.51 feet to said East right-of-way; thence along said East
right-of-way, South 00°24'20" west; 1548.98 feet; thence North
88° 50 '57 11 west 30. oo feet to the west line of said Section 7;
thence along the west line of said Section 7, North 00°24'20" East
1548.98 feet to the point of beginning and containing 55.912 acres
more or less gross. TOGETHER with a parcel of land situate in the
East half of Section 12, Township 2 North, Range 68 West, of the
6th P.M., County of Weld, State of Colorado, being more
particularly described as follows: Considering the South line of
the Southwest quarter of Section 1, Township 2 North, Range 68
West, of the 6th P.M., as bearing North 89°47 '54" West and with all
bearings contained herein relative thereto: Commencing at the
Northeast corner of said Section 12; thence along the East line of
the Northeast quarter of said Section 12; South 00°24 '59" West
30.00 feet to a point, said point being the TRUE POINT OF BEGINNING
of this description; thence continuing South 00°24'59" west 2675.26
feet to the East quarter corner of said Section 12; thence along
the East line the Southeast quarter of said Section 12; South
00°24'20" west 1548.89 feet to a point that is North 00°24'20" West
3
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1154.10 feet from the Southeast corner of said Section 12; thence
North 88°50'57 11 west 1328.63 feet to a point on the West line of
the East half of the Southeast quarter of said Section 12, said
point being North 00°32'56 11 East 1154.06 feet from the Southwest
corner to the Southeast quarter of the Southeast quarter of said
Section 12; thence along the West line of East half of the
Southeast quarter of said Section 12, North 00°32'56 11 East 92.29
feet; thence North 89°0.4'07 11 West 400.00 feet; thence North
00°32'56 11 East 100.00 feet to a point on the South line of the
North half of the Southeast quarter of said Section 12; thence
along said South line, South 89°04'07 11 East 400.00 feet to the
Southwest corner of the Northeast quarter of the Southeast quarter
of said Section 12; thence along the West line of the East half of
the Southeast quarter of said Section 12, North 00°32'56 11 East
1346.29 feet to the C-E sixteenth corner; thence along the West
line of the East half of the Northeast quarter of said Section 12;
North 00°33'04" East 2663.54 feet to the South right-of-way of Weld
County Road (WCR) 24; thence along the South right-of-way, South
89°48'05 11 East 640.41 feet to the west line of Lot A of the
Recorded Exemption 1313-12-1-RE1340 records of said County; thence
along the West line of said Lot A, south 00°24'59 11 west 270.00 feet
to the South line of said Lot A; thence along the South line of
said Lot A, South 89°48'05" East 648.00 feet to the west right-of-
way of said WCR 13, thence along the said West right-of-way, North
00°24'59 11 East 270.00 feet to the South right-of-way of said WCR
24; thence South 89°48'05 11 East 30.00 feet to the point of
beginning and containing 124. 901 acres more or less gross. TOGETHER
with a parcel of land situate in Section 1, Township 2 North, Range
68 West, of the 6th P.M., County of Weld, State of Colorado, being
more particularly described as follows: Considering the South line
of the Southwest quarter of Section 1, Township 2 North, Range 68
west, of the 6th P.M., as bearing North 89°47 '54 11 West and with all
bearings contained herein relative thereto: Commencing at the South
quarter corner of said Section 1; thence North along the East line
of the Southeast quarter of the Southwest quarter of said Section
1, North 00°31'07" East 30.00 feet to the North right-of-way of
said WCR 24, said point being the TRUE POINT OF BEGINNING of this
description; thence along said North right-of-way, North 89°47'54 11
west 2741.95 feet to the West line of the Southwest quarter said
Section. l; thence along said West line, North 01°31'48 11 East
2626.35 feet; thence along the west line of the Northwest quarter
of said Section 1, North 01°34'53 11 East 1319.17 to the Northwest
corner of the Southwest quarter of the Northwest quarter of said
Section 1; thence continuing North 01°34'53 11 East 20.60 feet to the
North right-of-way of Weld County Road (WCR) 24 3/4; thence South
89°31'06" East 1334.49 feet to a point on the West line of Lot A of
the Recorded Exemption 1313-l-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 1 29 11 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)
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2629147 07/29/1998 11:46A Weld Counly CO
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North 61°56 1 41 11 East 259.69 feet; (3) South 01°17 1 30 11 East 65.63
feet; (4) North 74°46 1 22" East 225.12 feet; (5) North 72°55 1 39 11
East 116.39 feet; (6) North 85°14 1 02 11 East 132.54 feet; (7) south
89°34 1 18 11 East 55.00 feet; (8) South 53°49 1 04 11 East 30.81 feet; (9)
South 82°26 1 48 11 East 48.37 feet; (10) South 83°13 1 53 11 East 27.17
feet; (11) South 70°51 1 49 11 East 56.62. feet to a point on the west
line of the Northeast quarter of said Section l; thence.along said
West line North 00°31 1 08 11 East 243.84 feet; thence North 88°51 1 38 11
East 1968.70 feet to a point that is South 88°51 1 38 11 West 660.00
feet from the East line of the Northeast quarter of said Section l;
thence South 00°24 1 41 11 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 l; thence along
said South line, South 89°06 1 24 11 West 1970.98 feet to the Center
quarter corner; thence along the West line of the Southeast quarter
of said Section 1, South 00° 31 1 41 11 West 1352. 35 feet to the
Northwest corner of the Southwest quarter of the Southeast quarter
of said Section l; thence along the North line of the Southwest
quarter of the Southeast quarter of said Section 1, North 89°40 1 24 11
East 1317. 24 feet (previously recorded as 1316. 96 feet} to the
Northeast corner of the Southwest quarter of the Southeast quarter
of said Section 1; thence along the East line of the Southwest
quarter of the Southeast quarter of said Section 1, South 00°27 1 27 11
West 1334.26 feet to the said North right-of-way of WCR 24; thence
along said North right-of-way, North 89°48 1 53" West 1318.32 feet to
the point of beginning and containing 337.735 acres more or less
gross. TOGETHER with a parcel of land situate in the East half of
Section 2, Township 2 North, Range 68 west, of the 6th P.M., County
of Weld, State of Colorado, being more particularly described as
follows: Considering the South line of the Southwest quarter of
Section 1, Township 2 North, Range 68 West, of the 6th P.M., as
bearing North 89°47 1 54 11 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 1 48 11 East 30.00 feet to the North right-of-
way of WCR 24, said point being the TRUE POINT OF BEGINNING of this
description; thence continuing along said East, North 01°31 1 48 11
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 1 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 1 53 11 East 20.60 feet to the North
right-of-way of Weld County Road (WCR} 24 3/4; thence along said
North right-of-way, North 89°31 1 06 11 West 1334.26 feet to a point
30.00 feet west of the Northwest corner of the Southeast quarter of
the Northeast quarter of Section 2; thence along a line parallel
with and 30.00 feet west of and 20.82 feet North of the West line
of the Southeast quarter of the Northeast quarter, also being the
west right-of-way of Weld County Road {WCR} 9 3/4, South 01°24 1 54 11
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,
5
South 01 °23 '42" West 2627. 90 feet to the North right-of~way of said
WCR 24; thence along said North right-of-way, South 89°25'07" East
907.02 feet to Westerly line of Lot A, of the Recorded Exemption
1313-2-4-RE405, records of said County; thence along said Lot A the
following four. (4) courses and distances; (1) North 17°05'42" East
200.12 feet; (2) North 30°27'35" East 207.93 feet; (3) North
62°58'03" Ea.st 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.
Total area for all parcels are· 636. 095 acres more or less gross.
031298/174l[sjl]~:Fireston\Shoresl.ord
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