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Home My WebLink AboutJULY 2008 - MAY 2010Resolutions· For the Town of Firestone 08-59 -10-30 July 1 0, 2008 -May 27, 2010 ! ' . l Res.# 10-01 10-01 10-02 10-03 10-04 10-05 10-06 10-07 10-08 10-09 10-10 10-11 10-12 10-13 10-14 10-15 10-16 10-17 10-18 10-19 10-20 10-21 10-22 10-23 10-24 10-25 10-26 10-27 10-28 10-29 10-30 10-31 10-32 RESOLUTIONS 2010 Description Date Adopted Requiring a Finding of Adequate Water Supply for New 1/8/2009 Developments in Accordance with HB 08-1141 and Amending Section 14.19 of the Firestone Development Regulations to Require Such a Finding Designating the Place for Posting Notices as the Firestone Town Hall 1/14/2010 Elimination of the Director of Operations Position and the Delegation 1/14/2010 of all Prior Duties of the Director of Operations to the Town Manager Legislative Findings Determine an area within the Town to be a Blighted 1/28/2010 Area and appropriate inclusion in an Urban Renewal Project Making Legislative Findings and approving the Urban Renewal Plan for the 1/28/2010 Southern Firestone Urban Renewal Area Tax Increment Expenditure 1/28/2010 Not Used Approving Agreement with Longmont Humane Society for Animal Impound 1/28/2010 Services Adopting Northeast Colorado Regional Hazard Mitigation Plan 2/11/2010 Petition Concerning the Annexation of Heintzelamn Nos. 1, 2, and 3 and Finding the area Eligible for Annexation Approving Conditional Use Permit for Heintzelaman Nos. 1, 2 & 3 Not Used 1/28/2010 2/25/2010 Finding Substantial Compliance for Annexation of WCR 26 1 -4 and 2/25/2010 Setting a public hearing Newby Farm No. 1 Petition for Annexation and Finding the Area Eligible 3/11/2010 for Annexation Meadow Farm Petition for Annexation and Finding the Area Eligible for Annexation RFT Collection Services for Firestone City Centre IGA between Town of Firestone and Carbon Valley Park and Recreation District Cancelling Election Budget Amendment Confirming Cancellation of April 6, 2010 Election Approving the Firestone Economic Development Manual A Petition for the Annexation of Property Known as the WCR 26 Nos. 1 -4 Annexation and Finding the Area Proposed to be Annexed Eligible for Annexation Approving four Special Use Permits for Encana to Locate an Oil and Gas Wells within the Town Fifth Addendum for Central Weld Water Adopting 2010 Sump Basin Master Drainage Plan Adopting an. l.Jpdate .Public Records Policy and Procedures for the Town Adoptihg Police Department Schedule of Fees REPEALED · Approving Final Development Plan for Barchas Lot 2 of Mountain Vista Subdivision · · · · · Adopting Police Department Schedule of Fees IGA between Town and Highway 119 Metro Districts Nos. 1 -6 MOU for Criti.cal ResponseTeam Amended Development Regulation and Development Projects Amending 2009 Budget in the General Fund 3/11/2010 3/11/2010 3/11/2010 3/11/2010 3/25/2010 3/25/2010 3/25/2010 4/22/2010 4/22/2010 5/13/2010 5/13/2010 · 5/13/2010 5/13/2010 5/27/2010 5/27/2010 · 5/27/2010 5/27/2010 6/17/2010 6/17/2010 1 Res.# 10-33 10-34 10-35 10-36 10-37 10-38 10-39 10-40 10-41 10-42 10-43 10-44 10-45 10-46 10-47 10-48 10-49 10-50 10-51 Description Approving an Amusement License for Shubert Shows, Inc. to . Operate a Carnival on Lot 3 of the Firestone Safeway Subdivision From July 2 to 4, 2010 Approving FDP for lnline Shoppe's for Firestone City Centre Approving two Special Use Permits for Encana To Locate an Oil and Gas Wells Within the Town · Approving Special Use Permits for Kerr McGee To Locate an Oil.and Gas Wells Within the Town Agreement for Professional Services with Felsburg, Holt, & Ullevig, Inc Special Events Permit -Secretary Urban Renewal Authority Urban Renewal Authority Urban Renewal Authority Opposing Amendments 60, 61 and Proposition 101 EnCana Wandell Wells-four EnCana Wandell Weils ~ three . Approving a New Personnel Policy for the Town of firestone Approving a FDP for McDonald's at Firestone Crossing Adoption of 2011 Budget Budget Appropriations for 2011 2011 Mill Levy Adopting the Firestone Master Plan · Revising certain Water Fees for 2011 Date Adopted 6/11/2009 7/8/2010 7/22/2010 · 7/22/2010 7/22/2010 8/12/2010 9/9/2010 9/9/2010 9/23/2010 9/23/2010 10/28/2010 10/28/2010 11/11/2010 11/11/2010 12/9/2010 12/9/2010 12/9/2010 12/9/2010 12/9/2010 2 ,1'\, ,., " ,;>,. ~:;i,::, ';;;; .. ,\{·t. .; ~--. '( i\:' /,',', Res.# 09-01 09-02 09-03 09-04 09-05 09-06 09-07 09-08 09-09 09-10 09-11 09-12 09-13 09-14 09-15 09-16 09-17 09-18 09-19 09-20 09-21 09-22 09-23 RESOLUTIONS 2009 Description Requiring a Finding of Adequate Water Supply for New Developments in Accordance. with HB 08-1141 and Amending Section 14.19 of the Firestone Development Regulations to Require Such a Finding Date Adopted 1/8/2009 Designating the Place for Posting Notices as the Firestone Town Hall 1/8/2009 Petition Concerning the Annexation of the Owens Quarter Horse 1/22/2009 Annexation and Finding the Area Eligible for Annexation Approving a Revocable License Agreement between the Town and 2/12/2009 The Frederick-Firestone Fire Protection District for Placement of Two District Communications Antennae on a Town-owned Water Tank Approving a Special Use Permit for Machii-Ross Petroleum CO To Locate an Oil and Gas Well Within the Town Establishing Stormwater Utility Service Fees Supporting the SW Weld Economic Development Initiative Encana Special Use Permits for five wells Amendments to include Parks Design Criteria in Dev. Regs Memorandum of Understanding between the Weld County Coroners Office concerning Temporary Morgues in the Event of a Mass Fatality Event Burger King Final Development Plan Treasurer's Bond Finding Substa,tial Compliance for Firestone Eighth Annexation Amending Development Regulation Concerning Extensions of Times to Submit Final Documents Approving Amended FDP for ARM Petroleum Approving FP & FDP for Cottonwood Commerce Centre Filing No. 1 Approving Tow11 Membership in Communities for Water, An Unincorporated Nonprofit Association Approving an Amusement License for Shubert Shows, Inc. to Operate a Carnival on Lot 3 of the Firestone Safeway Subdivision From July 3 to 5, 2009. A Petition for the Annexation of Property Known as the Firestone Eighth (8 th) Annexation and Finding the Area Proposed to be Annexed Eligible for Annexation Approving a FDP for Cricket Communications Site at Firestone Spo.r:ts Complex .. Pursuant to C.R.S. Section 31-25-104(1)(8) Making Legislative , ,, . ; , • Findings of the Existence of Blighted Area Within the Town Creating the Urban ~enewal Authority to be Known as The Firestone Urban RenewalAuthority and Designating the Board of Trustees as the Authol"lly Approving Special,Use Permits for Noble Energy, 1.nc.to Locate Four Oil & Gas \Velis Within the Town of Firestone 2/26/2009 2/26/2008 3/12/2009 4/2/2009 4/2/2009 4/2/2009 4/9/2009 5/7/2009 5/14/2009 5/28/2009 5/28/2009 5/28/2009 5/28/2009 6/11/2009 6/25/2009 6/25/2009 7/9/2009 7/9/2009 7/9/2009 1 MEMORANDUM OF UNDERSTANDING CONCERNING THE ESTABLISHMENT OF A CRITICAL RESPONSE TEAM ORIGINAL, The Weld County Sheriffs Office, whose address is 1950 "O" Street, Greeley, CO 80631 ("WCSO"), and the agendes set forth on Exhibit A, attached to and incorporated herein, hereby enter into this Memorandum of Understanding (hereinafter sometimes referred to as "MOU"), and agree as follows: I . The parties agree :hat each agency and the citizens in each jurisdiction over which that agency has authority would benefit from the creation of an intergovernmental Critical Response Team ('·CRT") which would be available to respond to certain kinds of emergencies or unexpected situations that might better be served by some type of specialized operation rather than response under conventional operations. Overview 2. The CRT shall have the authority and the mission to provide a professionally trained unit designed to be uti:ized for a wide variety of critical incidents that occur within the boundaries ofWe:d Co,unty. The CRT shall be composed of officers assigned from participating agen:ies as hereinafter set forth, who shall assemble as the need arises to respond to certain types of emergencies or unexpected situations that require specialized skills or training. 3. This MOU shall become effective upon execution by the governing boards of each respective party tc this MOU and shall remain in effect for one year, with an automatic renewal from year to year unless sooner terminated as provided herein. A parties participation in th:s MOU may be terminated at any time by the parties giving the other parties 60 days written notice of intent to terminate its participation in the CRT. Staffing 4. WCSO will assign fomteen (14) deputies and two (2) commanders to the CRT Tean1. Each agency will assign_-_ officers to the CRT Team. The number of officers assigned to the CRT may be modified upon notice and·agreement by the parties to this MOU. 5. The size and staffing of-the CRT may be increased or decreased from time to time, upon nc,tice and agreement by the parties to this MOU. Changes may include, without limitation, utilization of law enforcement persmmel from other jurisdictions as may be ne.cessary and app,opriate, based upon increased or decreased needs of the citizens and agencies in Weld County, Colorado. 1 6. The officers involved in this program are each full-time employees of their respective agencies. Participation in this program is voluntary and each individual officer remains · an employee of the agency assigning the officer to the CRT, and is at all times compensated and entitled to benefits provided by the officer's assigning agency during any participation in the CRT program. 7. Selection and dismissal of officers to and from the CRT will follow the provisions outlined in the Weld County Sheriffs Office Procedure Manual (critical response team selection process/removal process). Each participating agency retains the right to make changes in the officers assigned to the CRT at any time, including the number of officers assigned. 8. There will be two Team Commanders of the CRT who will both be officers assigned by the Weld County Sheriffs Office (WCSO). Both Commanders have equal responsibility for the overall supervision, training, assignments, callouts, and equipment purchases and replacements for the CRT. Operations 9. The Team Commander during the callout will be the Team Commander in charge of field direction and supervision of operations of CRT for that particular incident. The Team Commander shall continue to be in charge of the scene until the scene has been rendered safe and released to local authorities. 10. Each assigning agu1cy at all times has complete discretion to determine whether or not any particular officer from that agency may respond to a callout. Each officer responding to a CRT callout shall have the proper communication equipment with the ability to communicate on tbe radio frequency utilized by the CRT. 11. The parties acknov,,ledge and agree that when the designated officers respond to a callout, the designated officers shall remain at the scene until released by the Team Commander ru1d shall not be recalled by the relevant agency for a response within the agency's boundaries until such officer is properly released from the callout. 12. After the scene has been rendered safe, the scene shall be released to the agency with jurisdiction, and such agency will be responsible for processing the scene. The CRT members will assist the agency's processing of the crime scene when requested and to the extent possible. 13. To the extent possble, all CRT activities will be joint activities, with no agency acting independently frorr_ other agencies, and all designated officers from each agency will act under the direction of the Team Commander. 2 14. Officers designated to patiicipate in the CRT shall be evaluated while in their CRT assignment, with the evaluations forwarded to the respective agency/employer's department head. 15. CRT reports shall be prepared in Weld County Sheriffs Office fonnat. 16. The performance of the CRT will be evaluated on an atmual basis by the patticipating agencies, at a meeting called by the WCSO in or about January of each year for such purpose. If the \\'CSO fail to timely call a meeting for purposes of evaluation of the CRT, upon 5 days written notice to the WCSO, another participating agency may schedule such a meeting. 17. Operational issue, will be addressed and a good faith effort will be made to resolve any such issues by the; participating agencies working together. It is the intent of the parties to this MOU that rernlution of operational issues will first be attempted, and, if possible, accomplished by :he designated officers from each agency. If any operational issue has not been resolved within 30 days to each participating agency's satisfaction, the issue will be referred to the heads of the respective agencies for resolution. I 8. The CRT shall operate Countywide in all unincorporated atld incorporated areas within the County of Weld. 19. The CRT will operate underthe policies and operating procedures of the Weld County Sheriffs Office only. Training 20. In order to function effectively in the CRT, each designated officer must have a working knowledge of the CRT, its tools and tactics. It is therefore mandatory that the officers designated to corLprise the CRT must train with the CRT on a regular basis, at1d must be trained to understand, among other things, mission objectives, tactics used, weapons, pyrotechnics, and other devices likely to be employed, at1d communication policies at1d procedures. 21. Each designated cfficer must have completed specialized training in Tactical pperations prior to being des:gnated to the CRT by the designating agency. 22. The WCSO will be responsible for coordinating the scheduling of training of the CRT Tealll. It is antid;,ated that training will occur on a regular basis, approximately once every two weeks. The expense incurred by the designated officers for such training will be the responsibility of the designating agencies. Limited alllounts of training funds are available to offset training expenses through the Weld County Sheriffs Office, !\S funds are available. 3 Equipment Acquisition and Maintenance 23. Each agency shall provide its designated officers with required standard equipment and radio communication equipment in order to adequately perform the training and any callout duties. 24. Vehicles and general equipment previously allocated to the WCSO that is, upon the execution of this Agreement, being also made available for use by the CRT shall continue to be operationally administered in common with other vehicles and general equipment allocated to WCSO. 25. The WCSO will explore any possibilities for available grant funding for further ec 0 uipment acquisition. Additional equipment acquisition that is not grant funded and that is approved for pt:rchase by the CRT member agencies prior to acquisition will be assessed against eaich CRT participating agency pro rata base on depreciation. 26. CRT Equipment will be stored at such locations and for such length of time as determined by the WCSO. CRT equipment stored in Weld County facilities will be insured by Weld County; CRT equipment stored in other locations will be insured by the participating agency that holds title to the equipment. 27. At any time that the CRT deems it advisable, disbursement of some or of all assets of the CRT acquired either through grant funds or through agency contributions, shall occur in accordance with any and all grant provisions or shall be determined based upon contribution of ea::h agency. Employment Status 28. Notwithstanding any term or condition contained in this MOU to the contrary, the parties acknowledge thatany officer designated to the CRT by a particular agency is at all times an employee of that agency. All salaries, benefits and overtime of the designated officers assigned to CRT shall continue to be the responsibility of the designating agency, and not o:the CRT. 29. The pa1ties to tltl, MOU intend that the relationsltlp between them contemplated by this MOU is that of independent entities working in mutual cooperation. No employee, agent or servant of one pa1ty shall be or shall be deemed-to be an employee, agent, or servant of another party to this MOU. 4 30. No employee assigned to the CRT shall lose seniority, benefits, and opportunities for promotion or assignment change in their respective departments solely because of their assignment to the CRT. 31. The department heads of the respective agencies, which are parties to this MOU, retain sole authority to impose discipline on their respective employees designated and assigned to patticipate with the CRT Team. The respective agencies may, as needed, schedule any of their designated officers for training authorized by the department, taking into consideration the officer's needs, the agency's needs and the CRT' s needs. Communications with the Media 32. Press releases and/or the release of information to the media concerning a callout event will be made by the agency in whose jurisdiction the call out event occurred in accordance with the releasing agency's media release policy. No other information regarding the callout event shall be nnilaterally released or provided to the media by any CRT member without prior approval by all other CRT Team members. No information pertaining to the CRT Team itself will be released to the media without prior approval of all other CRT Team members. Liability 33. Each Party to this MOU shall maintain insurance or self-insurance adequate to protect such party from liability claims and demands that arise from the performance of duties pursuant to this MOU and to cover all operations by such party's personnel pursuant to this MOU. Each party shall be responsible for its own negligent acts and no party shall indemnify the other for claims, demands, or judgments arising from the acts or omissions of the other party. 34. The agency of jurisdiction shall handle all requests for release of criminal justice records, including intelligence information and investigatory files associated with the CRT. 35. Each pa1ticipating agency shall provide adequate worker's compensation insurance for each of its respective employees engaged in the performance of activities described in this MOU. 36. All other legal liability and any litigation arising from or out of the conduct or performance of officers assigned to or working with the CRT shall be the responsibility of that officer's respective agency; however, any officer acting under the specific orders of a superior officer of the CRT from an agency other than that of the officer, may create a shared liability with that other agency, all in accordance with and pursuant to applicable law. 5 37. The WCSO shall prepare an annual summary repmt to be presented to the CRT participating agencies at the January meeting above referenced, providing an overview of the CRT activities for the previous twelve months, including totals for number of callouts and outcomes; rev~nues and expenditures for vehicles and equipment; and any other pe1tinent information. Unless investigations and/or operations would be compromised and except as othe::wise provided by the Colorado Open Records Act, section 24-72-101, et.seq, C.R.S., all disclosures of the annual report are public record. 38. Only employees designated by the agencies participating in the CRT ("Authorized Agencies") shall be authorized or permitted to operate any vehicle owned, leased, controlled and/or insured by the WCSO or Weld County, Colorado. In the event an employee of an Au'.horized Agency other than the WCSO is involved in an accident while operating a WCSO Vehicle, and in the event it becomes necessary for the WCSO or Weld County to pay monies to any party for purposes of resisting, adjusting, satisfying or compromising any daim or demand arising out of such an accident, the involved employee's employing agency shall become obligated to reimburse the WCSO or Weld County for such expenses, fees and/or costs within a reasonable time, in no event to exceed thirty (30) days, after receiving written notice from the WCSO or Weld County of the incurring of suci expenses, fees or costs. However, as soon as it appears that there may be some liabili,y for payment of damages on the part ofWCSO or Weld County, the WCSO or Weld Co-Jnty, or both, must immediately involve a representative from the Authorized Agency prior to negotiating any resolution that may result in liability on the part ofthe Authoriz,~d Agency. 39, Other than, those expenses that are otherwise referenced in this MOU, each party shall be responsible for its o·.vn respective costs and expenses of training and participating in CRT incidents. All involved agencies may jointly attempt to recover costs of operations when appropriate, through any form of restitution or other provision for such recovery available through federal, state or county funds, homeland security, hazardous materials incidents or other sources. If any recovery is obtained, the involved agencies shall distribute the recovered monies pr•J rata based on agencies involvement during the incident. General Provisions 40. This MOU contains the entire agreement and understanding between the patties to this MOU and supersede~ any other agreements concerning the subject matter of this MOU, whether oral or written. No modification, amendment, novation, renewal or other alteration of or to this MOU shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by all parties hereto. 6 41. Nothing contained herein shall be construed as a waiver of any and all rights, limitations and protections afforded the parties by virtue of the Colorado Governmental Immunity Act, section 24-10-101, et.seq, C.R.S. The parties specifically reserve w1to themselves, their officers, employees and agents any and all defenses, rights, limitations and immunities provided by law. 42. Each agency's obligations to pay any sum of money under this MOU is subject to it's appropriation of sufficient funds therefore. Nothing in this MOU shall be construed to require any party to this MOU to provide funding not previously budgeted, and appropriated, or create any multiple fiscal year obligation of any party. 4 3. It is expressly understood and agreed that enforceinent of the terms and conditions of this MOU and all rights ,Jf action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing contained in this MOU shall give or allow any claim or right of action whatsoever by any other person not included in this MOU. It is the express intention of~he undersigned parties that any entity, other than the undersigned parties, receiving services or benefits W1der this MOU shall be deemed an incidental beneficiary only. 44. The patties agree to execute any additional documents and to take any additional action necessary to carry out this MOU. 45. This MOU shall not be assigned or delegated. 46. Any notice required er permitted by this MOU shall be in writing and shall be deemed to have been successfully given for all purposes if sent by certified or registered mail, postage and fees prepaid, or by Fax addressed to the party to whom such notice is intended to be given c.t the address or Fax number set forth on the signature page below, or at such other addre,s as has been previously furnished in writing to the other patty or parties. Such notice shall be deemed to have been given when deposited in the US mail, . ifby mail, and upon receipt of transmission ifby Fax 47. . This MOU shall be governed by the laws of the State of Colorado. 4&. This MOU may be executed in several counterpaits and, as so executed, shall constitute one agreement, bindin 5 on all the parties even though all parties have not signed the same cow1terpart. Any cour_terpart of this MOU, which has attached to it separate signature pages, which altogether contain the signatures of all the parties, shall be deemed a fully executed document for all purposes. · 49. If any provision of this MOU is declared by a coutt of competent jurisdiction to be invalid, void or W1enfo:ceable, such provision shall be deemed to be severable, and all other provisions of this MOU shall remain fully enforceable, and this MOU shall be interpreted in all respects as if such provisions were omitted. 7 Town of Firestone Attest: {'/Jj_ ' Mayor Weld Sheriff 8 RESOLUTIONNO. iQ-30 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING CONCERNING THE ESTABLISHMEN'::' OF A CRITICAL RESPONSE TEAM WHEREAS, there has been proposed a Memorandum of Understanding ("Agreement") between the Weld Coun~✓ Sheriffs Office and the Town of Firestone to provide for the creation of an intergovernmental Critical Response Team, which would be available to respond to certain kinds of emergencies or unexpected situations that might be better served by some type of specialized operation rather than response under conventional operations; and WHEREAS, the Town is authorized to enter into such Agreement and finds that such Agreement is in the best interests of the Town and its citizens; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Memorandum of Understanding between the Weld County Sheriffs Office and the Town of Firestone Concerning the Establishment of a Critical Response Team ("Agreement") is hereby approved in essentially the same form as the copy of su_ch Agreement accompanying this resolution. Section 2. Tt.e Mayor is hereby authorized to execute the Agreement, and is further authorized to negotiate rnd approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and condetions of the Agreement are not altered. ' Section 3. , Tr_e Town's funding and staffing of the Critical Response Team is subject to such budgetary and appropriations measures as are required by state law . .,7--M mAY INTRODUCED, READ, and ADOPTED this<7\ __ day of_'--'--'-'-'-Jf-'----' 2010. ATTEST: 5/26/2010 1:26 PM[mac]S:\Fircstonc\Reso!ution\CR:J' MOU.res.doc TOWN OF FIRESTONE, COLORADO Chad Auer Mayor RESOLUTION NO. / 0-/0 AN RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN AGGREGATE MINING OPERATION FOR PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THEHENTZELMANPIT ANNEXATION NOS. I, 2, AND 3 WHEREAS, a petition for annexation of certain property, known as the Heintzelman Pit Annexation Nos. 1, 2, and 3, was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the property, known as the Heintzelman Pit Annexation Nos. 1, 2, and 3, was annexed to the Town by ordinance WHEREAS, concurrent with such petition, an application was filed with the Town for approval of a Conditional Use Permit for an aggregate mining operation for such property; and WHEREAS, all materials related to the Conditional Use Permit have been reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances and Development Regulations, including but not limited to the conditional use permit criteria set forth in. Chapter 17.32 of the Firestone Municipal Code; and WHEREAS, the Firestone Planning Commission has held a public hearing on the Conditional Use Permit .and forwarded its recommendation on the Conditional Use Permit to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, the Board of Trustees has duly considered the proposed Conditional Use Permit and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Conditional Use Permit should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees h~reby approves the Conditional Use Permit for an aggregate mining operation for the certain prqperty known as the Heintzelman Pit Annexation Nos. I, 2, and 3, the legal de,cription of which is set forth in Exhibit A attached hereto and made a part hereof, subject to th~ conditions set forth on Exhibit B attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this 25th day of February, 2010. I TOWN OF FIRESTONE, COLORADO cUL Chad Auer, Mayor ATTEST: 1 /23/@ [ sjlJ S:\Firestone\Annexation\Heintzelm.:n.zoning.ord 2 EXHIBIT A -LEGAL DESCRIPTION HEINTZELMAN PIT ANNEXATION NOS. I, 2, AND 3 DESCRIPTION OF HEINTZELMAN ANNEXATION NO. 1 TO THE TOWN OF FIRESTONE A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1209-32-1-RE524, RECORDED DECEMBER 15, 1981 IN BOOK 955 AS RECEPTION NO. 1877097, BEING A PART OF THE EAST 1/2 OF THE EAST 1/2 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO THE BOULDER AND WELD RESERVOIR COMPANY BY DEED RECORDED JUNE 2, 1904 IN BOOK218 AT PAGE 29, COUNTY OF WELD, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE EAST 1/2 OF SAID SECTION 32 TO BEAR NORTH 89'41'37" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF THE EAST 1/2 OF SAID SECTION 32; THENCE NORTH 00'24'19" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 89'41'37 WEST, COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 1285.44 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE NORTH 00°43'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 1595.43 FEET TO THE SOUTH LINE OF TH_AT PROPERTY DESCRIBED IN SAID BOOK 218, AT PAGE 29; THENCE COINCIDENT WITH THE SOUTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 218 AT PAGE 29 THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) NORTH 74'49'43" EAST, A DISTANCE OF 1261.88 FEET; 2) NORTH 55'11'43" EAST, A DISTANCE OF 67.11 FEET; 3) NORTH 26°24'53" EAST, A DISTANCE OF 41.59 FEET TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32; THENCE SOUTH 00'24'19" EAST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 2008.03 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 52.57 ACRES OR 2,289,949 SQUARE FEET, MORE OR LESS. DESCRIPTION OF HEINTZELMAN PIT ANNEXATION NO. 2 TO THE TOWN OF.FIRESTONE A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1209-32-1-RE524, RECORDED DECEMBER 15, 1981 IN BOOK 955 AS RECEPTION NO. 1877097, BEING A PART OF THE EAST 1/2 OF THE EAST 1/2 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO THE BOULDER AND WELD RESERVOIR COMPANY BY DEED RECORDED JUNE 2, 1904 IN BOOK218 AT PAGE 29, COUNTY OF WELD, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE EAST 1/2 OF SAID SECTION 32 TO BEAR NORTH89'41'37" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF THE EAST 1/2 OF SAID SECTION 32; THENCE 3 NORTH 00'24'19" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE NORTH 89'41'37 WEST, COINCIDENT WITH THE NORTH RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 1285.44 FEET TO THE EAST RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 17 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00'43'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 1647.06 FEET TO THE NORTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 218 AT PAGE 29; THENCE COINCIDENT WITH THE NORTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 218 AT PAGE 29 THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) NORTH 74'49'43" EAST, A DISTANCE OF 1240.35 FEET; 2) NORTH 55'11'43" EAST, A DISTANCE OF 45.63 FEET; 3) NORTH 26'24'53" EAST, A DISTANCE OF 127.66 FEET TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32; THENCE NORTH 00'24'19" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 481.85 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 32; THENCE NORTH 00'35'14" WEST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 1689.88 FEET; THENCE SOUTH 26'01'17" WEST, A DISTANCE OF 2897.32 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE SOUTH 89"16'17" WEST, A DISTANCE OF 60.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE SOUTH 00'43'43" EAST, COINCIDENT WITH THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 1678.98 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE SOUTH 89'41'37" EAST, COINCIDENT WITH THE NORTH RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 60.01 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 36.75 ACRES, OR 1,600,830 SQUARE FEET, MORE OR LESS. DESCRIPTION OF HEINTZELMAN PIT ANNEXATION NO. 3 TO THE TOWN OF FIRESTONE A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1209-32-1-RE524, RECORDED DECEMBER 15, 1981 IN BOOK 955 AS RECEPTION NO. 1877097, BEING A PART OF THE EAST 1/2 OF THE EAST 1/2 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO THE BOULDER AND WELD RESERVOIR COMPANY BY DEED RECORDED JUNE2, 1904 IN BOOK218 AT PAGE29, COUNTY OF WELD, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE EAST 1/2 OF SAID SECTION 32 TO BEAR NORTH 89'41'37" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE NORTHEAST CORNER OF THE EAST 1/2 OF SAID SECTION 32; THENCE SOUTH 00'35'14" EAST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00'35'14" EAST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 936.91 FEET; THENCE SOUTH 26'01'17" WEST, A DISTANCE OF 2897.32 FEET TO THE EAST RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 17; THENCE NORTH 00'43'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 2511.59 FEET TO THE SOUTH LINE OF LOT A OF SAID RE-524; THENCE NORTH 89'16'17" EAST, COINCIDENT WITH THE SOUTH LINE OF LOT A OF SAID RE-524, A DISTANCE OF 220.00 FEET TO THE SOUTHEAST CORNER OF LOT A OF SAID RE-524; THENCE NORTH 00'43'43" WEST, COINCIDENT WITH THE EAST LINE OF LOT A OF SAID RE-524 AND PARALLE WITH THE WEST LINE OF THE EAST 1/2 OF 4 THE EAST½ OF SAID SECTION 32, A DISTANCE OF 413.15 FEET TO THE NORTHEAST CORNER OF LOT A OF SAID RE-524; THENCE SOUTH 89'16'17" WEST, COINCIDENT WITH THE NORTH LINE OF LOT A OF SAID RE-524, A DISTANCE OF 220.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE NORTH 00'43'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 617.61 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28; THENCE SOUTH 89'55'50" EAST, COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28, A DISTANCE OF 1306.52 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 64.99 ACRES OR 2,830,964 SQUARE FEET, MORE OR LESS. 5 General EXHIBITB Heintzelman Pit Annexation Nos. 1, 2, and 3 Conditional Use Permit Conditions of Approval 1. Address Town Engineer comments. 2. Execute an agreemer_t concerning conditional use as prepared by the Town Attorney. 3. Annex Weld County Road 26 to the Town of Firestone prior to recording of the Agreement Concerning Conditional Use. 4. On the Vicinity Map, modify the label for "Zinnia Blvd." to "Zinnia Ave." 5. Provide an updated Title Commitment, dated no later than one month prior to recording of final documents. Conditional Use Permit 6. On Sheet I, the visual berm needs to be modified to exclude the berming in the southeast corner of the site. 7. On Sheet I, Note#!, change the text "Annexation Agreement" to "Conditional Use Permit Agreement." 8. On Sheet I, Note #3, change the text "comparable to that shown" to "outside of the ultimate road right-of-way." 9. On Sheet I, add a new Note #8 to the Grading Notes stating "Final reclamation shall accommodate an addhonal 20' of road right-of-way along WCR 26 and WCR 17 at approximately the same grade as the existing roadway. 10. On Sheet I, add the visual berms to the legend. 11. Provide specifications of any signage or lighting ( details, location). 12. Add a new Note #9 s1:ating as follows: "The screening for the majority of the gravel operation shall be by the use of earthen berms and trees. The gravel operation will be considered screened when from any adjoining property the majority of the gravel operation is screened from an existing visual elevation 5 feet above grade and within 50 feet of the property line. All trees planted for such screening shall be placed so as to avoid their removal during reclamation, so that the trees can remain both during reclamation and thereafter to the extent practical for the ultimate use of the property." 6 RESOLUTION NO. 10-/ .;L A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE WELD COUNTY ROAD 26 ANNEXATION NO. 1 -No. 4 TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Weld County Road 26 Annexation Ne-. 1-No. 4 has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Th-~ petition, the legal descriptions for which are attached hereto as Exhibit A and incorporated herein l::y reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under § 31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed within the meaning of Sections 31-12-107(1)(g), -110(2) or-112, C.R.S. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, April 8,.2010 at 7:00 p.m. Section 5. An:✓ person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, 1 and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, th Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property ifrequested in the petition. INTRODUCED, READ, and ADOPTED this 25 th day of February, 2010. ATTEST: Ju~od/ ~WVoQ Town Clerk 2/19/2010 2: 18 PM [kkh]S:\FirestonelAnne~ation\Heintulman WCR 26 SubComp.res.doc 2 Chad Auer Mayor ( EXHIBIT A LEGAL DESCRIPTION ' LEGAL DESCRIPTION -WELD COUNTY ROAD 26ANNEXATION NO. 1-NO. 4 DESCRIPTION OF WELD COUNTY ROAD 26 ANNEXATION NO. 1 TO THE TOWN OF FIRESTO'IIE A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST, AND THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32 TO BEAR NORTH 89°41'50" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE SOUTHEAST CORNER ·JF THE SOUTHWEST 1/4 OF SAID SECTION 32; THENCE NORTH oo· 57'40" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 30.01 FEETTO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE SOUTH 78°43'46" WEST, A DISTANCE OF 149.53 FEET TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID S::CTION 32; THENCE SOUTH 78°09'37" EAST, A DISTANCE OF 150.00 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 5 AND THE SOUTH RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE NORTH 00°39'24" EAST, COINCIDENT WITH THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 5, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 0:10 ACRES OR 4356 SQUARE FEET, MORE OR LESS. DESCRIPTION OF WELD COUNTY ROAD 26 AtJNEXATION NO. 2 TO THE TOWN OF FIRESTONE A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 3 NORTH, · RANGE 67 WEST, AND THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., CCUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32 TO BEAR NORTH 89'41'50" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORN::R OF THE SOUTHWEST 1/4 OF SAID SECTION 32; THENCE NORTH 00' 57'40" WEST, COINCIDE\JT WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 30.01 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE TRUE POINT o= BEGINNING; THENCE SOUTH 88'00'20" WEST, A DISTANCE OF 748.45 FEET TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32; THENCE SOUTH 87'24'05" EAST, AD STANCE OF 748.93 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 5 AND THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE NORTH 78'09'37" WEST, A DISTANCE OF 150.00 FEET TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32; THENCE NORTH 78'43'46" EAST, A DISTANCE OF 149.53 FEET TO THE TRUE POINT JF BEGINNING. SAID PARCEL CONTAINS 0.41 ACRES OR 17,860 SQUARE FEET, MORE OR LESS. 3 DESCRIPTION OF WELD COUNTY ROAD 26 ANNEXATION NO. 3 TO THE TOWN OF FIRESTONE A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 32, AND THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 67 WEST, AND THE NORTHWEST 1/4 OF SECTION 5, AND THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32 TO BEAR NORTH 89°41'50" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 32; THENCE NORTH 00° 57'40" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 30.01 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 89°41'50" WEST COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 2397.47 FEET; THENCE SOUTH 88°59'33" WEST, A DISTANCE OF 1320.20 FEET TO THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 31; THENCE SOUTH 88°24'12" EAST, A DISTANCE OF 1320.20 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE NORTHEAST CORNER OF FIRESTONE TRAIL ANNEXATION NO. 2, AS SHOWN ON THE PLAT RECORDED FEBRUARY 27, 2002 AT RECEPTION NO. 2928666 IN THE RECORDS OF THE CLERK AND RECORDER FOR ADAMS COUNTY COLORADO; THENCE SOUTH 89°41 '50" EAST COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 2397.95 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 5; THENCE NORTH 87°24'05" WEST, A DISTANCE OF 748.93 FEET TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32; THENCE NORTH 88°00'20" EAST, A DISTANCE OF 748.45 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 3. 70 ACRES OR 161,172 SQUARE FEET, MORE OR LESS. DESCRIPTION OF WELD COUNTY ROAD 26 ANNEXATION NO. 4 TO THE TOWN OF FIRESTONE A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 32, AND THE SOUTH½ OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 67 WEST, AND THE NORTHWEST 1/4 OF SECTION 5, AND THE NORTH 1/2 OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 31 TO BEAR NORTH 89°47'27" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE NORTHEAST CORNER OF FIRESTONE TRAIL ANNEXATION NO. 2 AS SHOWN ON THE PLAT RECORDED FEBRUARY 27, 2002 AT RECEPTION NO. 2928666 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY COLORADO; SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE NORTH 89°41 '50" WEST, COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE NORTH LINE OF SAID FIRESTONE TRAIL ANNEXATION NO. 2, A DISTANCE OF 272.02 FEET TO THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 6; THENCE NORTH 89°42'27" WEST, COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 2651.86 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 6; THENCE NORTH 89°42'58" WEST, COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY 4 ROAD 26, A DISTANCE OF 1247.84 FEET TO BROOKS FARM SECOND ANNEXATION AS SHOWN ON THE PLAT RECORDED JUNE 15, 2001 AT RECEPTION NO. 2857771 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY COLORADO; THENCE NORTH 00°44'02" EAST, COINCIDENT WITH THE EAST LINE OF SAID BROOKS FARM SECOND ANNEXATION, A DISTANCE OF 60.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE SOUTH 89°42'58" EAST, COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 1247.18 FEET TO THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 31; THENCE SOUTH 89°42'27" EAST, COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 2652.03 FEET TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 31; THENCE SOUTH 89°41 '50" EAST, COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 272.05 FEET; THENCE SOUTH 88°59'33" WEST, A DISTANCE OF 1320.20 FEET TO THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 31; THENCE SOUTH 88°24'12" EAST, A DISTANCE OF 1320.20 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 4.84 ACRES OR 210,830 SQUARE FEET, MORE OR LESS. 5 1"-1500' 200!I ., 1 ) RESOLUTIONNO. IO -13 A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OFFIRESTONE, COLORADO, KNOWN AS THE NEWBY FARM ANNEXATION NO. l TOTI-IE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION WHEREAS, a petition for annexation. of property described in ExhibitAattached hereto has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Boardhas held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BEIT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section L The Town Board .finds and concludes that: l. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The .applicable requirements of Sections 3}-12-104 and 3J-12c105, C.R.S., as amended, exist or have. be.en met, including·withoutlimitation: a. Not less than one-sixth of the perimeter of the area proposed to be.afu\exed is contiguous with the Town of Firestone; in accordance with Section JI -12- 104( 1 )(a), C.R.S., contiguity may be established by the annexation of two or more parcels in a series. b. A community of interest exists between. the area proposedto be annexed and the Town of Firestone. c. The area proposed to be annexed are urban or will be urbanized in. the near future. d. The area proposed to be annexed are integrated with.or is capable of being integrated with th.e Town of Firestone .. e. No land within the boundary of the territory proposed to be annexed. Which is held in identical ownership, whether consisting of one tract or parcel ofreal estate or two or more contiguous tracts or parcels ofreal estate,. has been dh•ided .into separate parts or parcels without the written consent of the J landowner or landowners thereof, llnless suchtracts orparcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tractor 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 ($200,000.0Q) for. ad valorem tax purposesJor the year next preceding the anriexatioh, has beert included within the area proposed to be anriexed 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 mw1icipality, h. The annex<1tion of the territory proposed to be annexed will riot 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 mote .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 is3,602 acres; more or less. k. The Master Plan adopted by the Board of Trustees of the Town of Firestone shall serve as the plan for the area proposed to be annexed, in accordance with Section 31-12-1 OS(l)(e), C.R.S. I. Any portion of a platted street or alley to be annexed will result inthe entire width ofthe street or alley having been included within and made a part of the Town of .Ffrestone and reasonable access will no.t be denied t.o 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 si.des by the Town of Firestone. 3. Four copies of an annexation map of each of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becomingeffective, allland within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone; exceptthat general property taxes of the Town of Firestone, if applicable, shall become effective as. of the ianuaryj next ensuing. 2 5. No election for annexation of the. area proposed to be annexed has been held in the preceding twelve months, and no election is required under Sections 31-12-107(2) or -112, C.R,S, 6. No additioml terms and conditions are to be imposed .other than those set forthin ilie; annexation petition or otherwise agreed to by all owners; which are not .to· be considered additional terins and conditions within the meaning ofSections31-12- !07(J)(g), 0 110(2) or 112, C.R.S. 7. The landowners ·of one hundred percent.( 100%) of the area proposed to be annei,ed signed the i:etition requesting annexation, in compli@ce with Article II, Section 30 ofthe Colorado Constitution and Section 31-.12-107(1), C.RS. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation are proper underthe Jaws of the $tate of Colorado and the area ptoposedto be annexed is eligible for a1nexation to the Town, The Town Board, acting in its.legislative capacity and pursuantto authority granted to it by state law, may adopt one or more ordina.nces annexing the subject property to the To~ of Firestone. INTRODUCED, READ, and ADOPTED this j/1.j',day of f'n 1+£cJ1 , 2010, ATTEST: J~t.%~ Town Clerk 3 c1Jj_ ChadAuer ;; Mayor LEGAL DESCRIPTlON EXHIBIT A -LEGAL DESCRIPTION NEWBYFARMANNEXATIONN0.1 A PORTION OF LAND SITUATED IN THE SOUTH HALF OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY Cf WELD, STATE OF COLORADO, BEING MOREPARTICULARLY DESCRIBED AS FOLLOWS: . . . COMMENC/NG'ATTHE SOUTH\/VESTQUARTER OF SECTION 33, AS MONUMENTED BYARECOV.ERED~l4" ALUMINUM CAP, "LS 37945", WHENCE THE SOUT.H QUARTER CORNER.OF SAID SECTION 33, AS MONUMENTED BY RECOVERED 3- 1/4" ALUMINUM CAP, "LS 22_098" IS ASSUMED TO BEAR N 89'30'56" E, A MEASURED DISTAN_CE OF 2634.41 FEET, WITH ALL BEARINGS RELATIVE TO HEREON; THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, N 00'20'08"W, A DISTANCE OF 30.00 FEET TO A POINT THAT IS 30.00 FEEJPERPENDICULARTO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, AS WELL AS BEING ON THE NORTHERLY RIGHlOF-WAY LINE COUNTY ROAD 26 AS DESCRIBED IN BOOK 86 AT PAGE.273; THENCE ALONG SAID NORTHERLY RIGHi:OF-WAY LINE 30.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF Tt!E SOUTHWEST QUARTER OF SAID SECTION 33, N 89"30'56"_ E, A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE COUNTY ROAD 5 AS DESCRIBED IN BOOK 86AT PAGE 273AND THlf'OiNTOF BEGINNING, THENCE ALONG SAID EASTERLY RIGHlOF-WAY LINE COUNTY ROAD 5, N 00'20'08" W, A DISTANCE OF 30.00 FEET TO A POINT THAT 15 60.00 FEET NORTH OF AND PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33; THENCEALONG A LINE 6000 FEET NORTH OF AND PARALLEL TO THE SOUTH LINEOF THE SOUTHWEST QUARTER OF SAID SECTION 33, N 89"30'56" E, ·A DISTANCE OF 2604.53_ TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33; THENCE ALONG A LINE 60.00 FEET NORTH OF AND PARALLELTO THE SOUTH LINE OF TH_E SOUTHEAST QUARTER OF SAID SECTION 33, N 89'31'14" E, A DISTANCE OF 2624.98 TOA POINT THAT IS 30.00 FEET WEST OF AND PERPENDICULAR TO THE EAST LINE OF THE SOUTHEAST QUARTER-OF SAID SECTION 33, AS WELL AS BEING ON THE WESTERLY RIGHT OF-WAY LINE COUNTY ROAD 7 AS DESCRIBED IN BOOK 86 AT PAGE 273; THENCE ALONG SAID WESTERLY RIGHl'OF-WAY LINE OF COUNTY ROAD 7, S 00'00'15" E, A DISTANCE OF 30.00 FEET TO A POINT THAT IS 30.00 FEET NORTH OF AND PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHEli'J QUARTER OF SAID SECTION 33, AS WELL AS BEING ON THE NORTHERLY RIGHlOF-WAY LINE OF COUNTY ROAD 26 AS DESCRIBED IN BOOK 86 AT PAGE 273; THENCE ALONG SAID NORTHERLY RIGH'J'.OF:WAY LINE AND BEING PARALLEL TO TH_E SOUTH LINEOF THE SOUTHEAST QUARTER OF SAID SECTION-33, S 89'31'14" W, A DISTANCE OF 2624.86 FEET TO A POINT ON THE EASHINE OF THE SOUTHWESTQUARTEROFSAID SECTION 33; . . . . THENCE CONTINUING ALQNG,SAID NQRTHERL Y RIGH'J'.OF.WAY LINE AND BEING PARALLEL TO THE SOlJTH LINE OF THE SOUTHWEST QUARTER OF .SAID SEClJON 33, S 89'30'56" W, A DISTAN_CE OF 2604.47 FEET TO A POINTON THE EASTERLY RIGHT-OF-WAY LINE CO.LINTY ROAD 5 AND TH.EPO/NT OF BEGINNING, SAID PARCEL OF LAND CONTAINS 156,883 SQ. FT. OR.3.602 AC., MORE OR LESS. 4 RESOLUTIONNO. j O ~ I ~ A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE,COLORADO, KNOWN AS THE MEADOW FARM ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELICHBLE FOR ANNEXATION WHEREAS, a petition for annex.ation of property described in .Exhibit A attached hereto has been filed with the Board of Trustees of the Town. of Firestone; and WHEREAS, pursuant to state law, the Town Board has.held a hearingand desires to adopt by Resolutio:1 its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE ITRESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board .finds and concludes that: I. It is desirable and necessary thatthe territory described in Exhibit A attached hereto and incorporated.herein be annexed to the Town of Firestone. 2. The applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including without limitation: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town ofFitestone; in accordance with Section 31-12- 104(1 )(a), C.R.S., contiguity may be established by the annexation of two or more parcels in a series. b. A community ofinterest exists between the area proposedtobe annexed and the Town of Firestone. c. The area proposed to be annexed are urban or will be urbanized.in the near future. d. The area proposed to be annexed are integrated. with .or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be.annexed which is held in.identical ownership, whether consisting ofone tract or parcel of real estate or two or more contiguous tracts or parcels ofreal estate, has been divided into separate parts or parcels without the written consent of the 1 landowner or landowners thereof,.unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the area proposed to be annexed which is held iniderttical ownership, whether consisting of One tract pr parcel of real estate or two or more contiguous tracts or parcels ofreal 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 induded 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 territpry proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed wiHnot resultin the detachment of area from any school district. i. The annexation ofthe territory proposed to be annexed will not have the effect of extending the boundary of the ToWJ) 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 is2.549 acres; more oriess. k._ The Master Plan adopted by the-Board OfTrustees ciftheTown of Firestone shaJl serve as the plan for the area proposed to be annexed, in _accordance with Section 31-12-105(1 )(e), C.KS. I. Any portion of a platted street or aJley to be annexed wiU result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to .any landowners, owners of any easement; or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone butis not bounded on both sides by the Town ofFirestone. 3. Four copies of an annexation map ofeach of the area proposed to be annexed have. been submitted to the Town Board and are on file with.the Town. 4. Upon the annexation ordinance becom.ing;effective, all.land withinthe area proposed to be annexed will become subject to all ordinances, resolutions; rules, .and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January l next ensuing. 2 5. No.election for annexation ofthe area proposed to beannexed has been held inthe preceding twelve months; and no election is required under Sections 31-12-107(2) or -112, C.R.S, 6. No additional tennsand conditions are to be imposed.otherthan those setforth in the annexation petition or otherwise_ agreed to by all owners, which are not to be considered additional tenns and conditions within the meaning of Sections 31-12- 107(l)(g), -110(2) or 112, C.R.S. 7. The landowners of.One hundred percent ()00%) of the ill'ea proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section JO of the ColOiado Constitution and Section 3142-107(1 ), C.R.S. Section'!. TheTownBoard concludes that all statutory requirements have been met, that the_ propo~ed annexation ar~ proper under the laws of the State of Colorado .and the area proposed to be anoexei.iseligible for annexation to the Town. The Town Board, acfa1g in its legislative capacity and pursuant to autlwrity g::anted to it by state law, may adopt one ormore ordinances annexing the sµbject property to the To~vn of Firestone. INTRODUCED, READ, and ADOPTED ihis ( )Yhday of mAech ; 2010. ATTEST: 1 ~ )*00£2 Town.Clerk 3 c;_Jj_ ChadAuer I Mayor ,./·rowN ·-, ' srtP..L ·\•.... . .. •·/ ·~~~:.~ LEGAL DESCRIPTION EXHIBIT A -tEGAL DESCRIPTION MEADOW FARM ANNEXATION A PORTION OFLOT A RECORDED EXEMPTION NO. 1313'04-2-RE 2540, ACCORDING TO THE MAP RECORDED JANUARY 11, 2000 AT RECEPTION NO. 2743689, BEING A PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTCORNER OF SAID SECTION 4 AS MONUMENTED BY A R.ECOVERED 3-1/4" ALUMINUM CAP, "LS 37945" AND AT THE NORTH QUARTER CORNER OF SAID SECTION 4 BY A RECOVEREDJ-1/4" ALUMINUM CAP, "LS 22098" IS ASSUMED TO. BEAR N 89,30'56" E, A MEP.SURED DISTANCE OF 2634.41 FEET, WlTH ALL BEARINGS RELATIVE TO HEREON; THENCE S OJ 0 05'30" W, ALONG THE WEST LINE OFTHE NORTHWEST QUARTER OF SAID SECTION 4, A DISTANCE CF 30.01 FEET, TO A POINTON THE SOUTHERLY RIGHT'OF-WAY UNE OF COUNTY ROAD 2ii AS DEDICATED BY BOOK 86 AT PAGE 273, SAID POINT ALSO BEING 30.00 FEET SOUTHAND PERPENDICULAR TO THE NORTH LINE OF THE NORTHWEST QUARTERO? SAID SECTION 4AND THE POINT OFBEGINNING; THENCE N 89°30'56" E, AL•JNG THE SOUTHERLY LINE OF SAID RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, A DISTA"ICE OF 300.1 l FEET; THENCE DEPARTING SAID SOUTHERL YRIGHT-OF ,w A YLINE AND BEING PARALLEL TO THE WESTLINE OFON THE NORTHWEST QUARTER OF SAID SECTION 4, S 01°05'30" W, A DISTANCE OF 3 70.14 FEET TO THE SOUTHEAST CORNER OF SAID LOT A; THENCE ALONG THE SOUTH LINE OF SAID LOT A.AND BEING PARALLEL TO THE NORTH ,LINE OF THE NORTHWEST QUARTER OF SAIDSECTION 4, S 89°30'56" W, A DISTANCE OF 300..11 FEETTO THE SOUTHWEST CORNER OF SAID LOT A, SAID POINT ALSO BEING ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE ALONG THE WE~T LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 01°05'30'' E, A DISTANCE CF 370.14 FEET TO THEPOINT OF BEGINNING; SAID PARCEL CONTAINS II 1,040 SQ. FT. OR 2.549. AC., MORE OR LESS. 4 ', . . / ' -, .·· . . . A-~ .. C. [ . RESOLUTION NO. / 0 -I S A RESOLUTIOJ\ APPROVING THE FORM OF A RTF COLLECTI0N SERVICES AND TRUSTEE AGREEMENT · RELATING TO THE DEVELOPMENT OF FIRESTONE CITY CENTRE WHEREAS, the T,Jwn of Firestone, Colorado (the "Town") has approved and executed a Firestone City Centre Retail Infrastructure Funding Agreement, dated as of September 4, 2008 (the "RIFA") among the Town, THF ·Firestone Deveiopment, L.L.C. (the "Developer") and TFD Firestone City Center Public Improvement Company (the "PIC") relating to the financing of certain public improvements in ccnnection with the development of the Firestone City Centre; and WHEREAS, pursuant to Section 1.06 of the RIFA, the Town has the right to approve the form of the RTF Collection Services and Trustee Agreement (the "Agreement") prior to its execution by the DevelopEr, the PIC and the collection agent/trustee; and WHEREAS, a form of the Agreement has been filed with the Town Clerk of the Town; and WHEREAS, the BJard of Trustees of the Town finds that the approval of the form of the Agreeme11t is in the best ir:terests of the Town. · NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The form of the Agreement, in substantially the form attached hereto as Exhibit A and incorporated herein by this reference, is hereby approved. The approval hereby given includes any minor corrections or revisions that shall be made to the Agreement, as deemed necessary by the parties thereto, and that are agreed to in writing by the Town's Finance Director. Section 2. In consideration of Section 4.9 of the Agreement that provides that the Town is an expres~ third party benefciary of the Agreement with respect to certain provisions thereof, the Town hereby agrees to be bound Tuy Sections 2.3 and-4.5(b) of the Agreement. Section 3. The officers, employees and agents of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of the Agreement. I INTRODUCED, READ, and ADOPTED this 11th day of March 2010. TOWN OF FIRESTONE, COLORADO Mayor [SEAL] Attest: 2 EXHIBIT A (Attach RTF Collection Services and Trustee Agreement) 3 RESOLUTIONNO. JO-} (o A REso::.,uTION .APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TO';vN OF FIRESTONE AND THE CARBON VALLEY PARK AND RECREATION DISTRICT \y1:LEREAS, pursuant to § 29-1-203, C.R.S,, as amended, municipalities artd special districts are authorized to cooperate and contract with one another. to provide any function, service, or facility lawfully authorized to each; and WHEREAS, an agreement has been proposed between the Town of Firestone and the Carbon Valley Park and Recreation District to address cooperation with respect to the provision of recreation facilities and services to residents of the Town and District; and WHEREAS, the Board of Trustees of the Town of Firestone has determined that it is beneficia'. to the ·taxpaye:s and residents of ·the Town to enter into such agreement and that cooperation between the Town and District will enhance efficientprovision of recreation services and facilities; NOW THEREF01.E, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. The proposed Intergovernmental Agreement. ("Agreement") between the Town of Firestone. and t...e Carbon Valley .Park and Recreation District regarding provision of recreatio:i services artd fac,ilities is hereby approvedin essentiallythe same form as the copy of such Agreement accompanying this resolution. Section 2. The Mayor and Town Clerk. are hereby authorized to execute the Agreement and the Mayor is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor and Town Manager determine are necessary or desirable for the. protect on of the Town, so long as the. essential terms and conditions of. the Agreement are n<;>t altered. INTRODUCED, READ, artdADOPTEOthis~dayof ffi A.£cb ,.2\ll0. TOWN OF FIRESTONE, COLORADO ChadAuer 7 Mayor Intergovernmental Agreement This Intergovernmental Agreement ("Agreement") is made and entered into this __ day of ______ , 2010 by and between the Town of Firestone, Colorado, a municipal corporation ("Town") and the Carbon Valley Park and Recreation District, a Colorado special district ("District"). The Town and the District are collectively referred to as the "Parties". Recitals A. The District was duly formed to provide recreation facilities and services to the Tri-Town area, and is duly authorized by state law to provide such facilities and services. B. Areas of the Town are included within the boundaries of the District. C. The Town is authorized by state law to provide recreation facilities and services, and owns and continues to actively plan and develop a comprehensive park and trail system for the benefit of the Town and its residents. D. The Town has adopted a policy requiring that all new developments within the Town petition for inclusion into the District. E. The Parties find that it is in the best interests of the residents of the Town and of the District that the Parties enter into this Agreement to set forth certain mutual understandings with respect to the provision ofrecreational facilities and services. F. Pursuant to Colorado Constitution Article XIV, Section 18(2)(a) and C.R.S. section 29-1-201, et seq., the Town and the District may cooperate or contract with each other to provide any function, service or facility lawfully authorized to each. G. The Town finds that it has the authority to enter into the agreements set forth herein, and the District finds that it has the authority to enter into the agreements set forth herein. H. The Town and the District find that it is beneficial to the taxpayers and residents of both Parties to cooperate with respect to the provision of recreation facilities and services, and that such cooperation will enhance efficient provision of such facilities and servicys. I. The Town and the District find that the efficient provision of such facilities and services will be enhanced through this Agreement. J. The Parties intend that this Agreement replace in its entirety that Intergovernmental Agreement previously entered into between the Parties dated June 22, 200 I. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Town and the District agree as follows: 1. Scope of Agreement. 1 This Agreement is intended to set forth certain general understandings of the Parties regarding their relationship and their provision of recreation facilities and services to residents within the Town and the District. This Agreement is also intended to set forth the Parties' specific responsibilities concerning the use, management, operation and maintenance of certain Town-owned parks that are jointly used for recreation services. This Agreement is not intended to preclude additional agreements between the Parties. 2. General Responsibilities of the Town. The Town will have the following general responsibilities with respect to the following matters of mutual interest to the Town and the District: 2.1. The Town will continue to use its best efforts to require developments within the Town that are not currently within the District to file a petition for inclusion with the District. Such best efforts shall not require that the Town commence any litigation. 2.2. So that the District will have the opportunity to comment on development proposals, the Town will endeavor to mail to the District a referral package on all new developments within the Town no later than 15 days prior to the Planning Commission's consideration of such development proposal. Failure to provide a mailing per this Subsection 2.2 shall not constitute a breach of this Agreement or affect the validity of any action on a development application. 2.3. The Town will own and develop the Firestone Trail. 2.4. The Town will own and develop the neighborhood, area and regional parks within the Town. 3. General Responsibilities of the District. The District will have the following general responsibilities with respect to the following matters of mutual interest to the Town and the District: 3.1. The District will use reasonable efforts to annually expend budgeted capital improvement and maintenance funds within the Town in an amount commensurate with the ratio that the total assessed valuation of all taxable property within the Town bears to the total assessed valuation of all taxable property within the District. (Therefore, for example, if Firestone's valuation is 45% of the District's total assessed valuation for a year this Agreement is in effect, the District shall use reasonable efforts to expend,45% of its budgeted capital improvement and maintenance funds within the Town.) This provision shall not apply to bond proceeds and shall not be construed to require any appropriation to create any financial liability on the part of the District. The District shall annually upon Town request provide the Town with information addressing the requirements of this Subsection 3.1. 2 3.2. The District will provide and maintain with the Town's Director of Public Works and Chief of Police current contact information for a District representative to be contacted in the case of emergency related to any District activity or event within the Town. The District shall notify the Director of Public Works and Chief of Police in writing of any change of designated representative or such representative's contact information. 3.3. To the extent permitted by law, the District agrees to indemnify and hold harmless the Town, and its officers, agents and employees, from and against all liability, claims, and demands, on account of any injury, loss, or damage, which arise out of or are connected with the District's use, operation, maintenance or management of Town Parks or other Town-owned facilities pursuant to this Agreement or which are caused by, or claimed to be caused by, the act, omission, or other fault of the District, its officers and employees. 3.4. Representatives of the District shall provide the Town Board with quarterly updates that include information on current and planned services and facilities, and other issues related to implementation of this Agreement, and other matters of mutual interest. 4. Terms of Joint Use for Specific Parks. 4.1. Parks and Uses. The provisions of this Section 4 are intended to govern the Parties' use, management, operation and maintenance of certain Town-owned parks that are to be utilized jointly by the District and Town for the provision of District-scheduled recreation activities, Town events, and other uses. Such parks include, and the provisions of this Section 4 apply to, the following parks (the "Parks") for the District-scheduled activities set forth in parenthesis (the "District Uses"): Patterson Park (soccer), Miner's Park (soccer), Prairie Ridge (soccer), Hart Park (soccer, baseball & softball), Settlers Park (T- hall & soccer practice), and the Firestone Sports Complex (baseball & softball). Additional parks and/or District uses may be added io this list of Parks and District Uses upon written addendum to this Agreement executed by the Town Manager and the District Operations Manager. 4.2. Scheduling. The District shall be entitled to use the Parks for scheduled District Uses. The District shall provide to the Town full season schedules for all District Uses on all Parks. Proposed schedules shall be provided to the Town at least 30 days in advance of the commencement of the season, or 14 days in advance of the proposed District Use for a one-time District Use, such as a one-day event or one-time tournament. The District shall provide the schedules in hard copy and ,electronic format. The schedules shall indicate the type of District Use as well as the specific dates and times thereof. Within seven days of receipt of the schedule, the Town will advise the District of any Town- planned events or activities and the District upon receipt of such information will adjust its schedules to include and provide for the Town-planned events and activities. The District shall notify the Town seven days in advance of any proposed changes in the schedules, unless the change is due to inclement weather. Further, the Town shall have the right on 60 days written notice to add a Town event or activity to the schedule, in which case the District shall adjust the schedules and/or field assignments to include and provide for the Town event or activity. 3 4.3. Concessions. U:1til such time as permanent concession facilities are built, the District shall be allowed to operate concessions at Hart Park, Settlers Park and the Firestone Sports Complex for scheduled, seasonal activities that are intended to serve primarily District residents (such as youth soccer, baseball and softball). Such concessions shall be limited to food and beverages and merchandise directly related to the District Uses. District concessions shall be operated only when sc~eduled District Uses are being conducted. The :Jistrict shall be solely responsible for compliance with all federal, state, county and local health and other regulations related to its operation of the concessions and other District operations. 4.4. Night Games. :'lo night games on any Parks shall commence later than 9:00 p.m.; further, all night games shall end, and the fields shall be vacated and lights turned off, no later than I 0:30 p.m. 4.5. Restroom Facilit:.es. The District shall at no cost to the Town arrange and be responsible for the placement operation, maintenance and upkeep of port-a-lets at all Parks used for District Uses, except Settlers Park. The port-a-lets shall be placed in locations designated by the Town. 4.6. Field Supervisor. The District shall at no cost to the Town provide a field supervisor at all District functions conducted on Town Parks. The field supervisor shall be an employee or contractor of the District. The field supervisor shall be responsible for locking/unlockin~ fields where required, trash pick up and general maintenance after each function. The field supervisor and other District employees or contractors shall be easily identifiable during District functions conducted on Town-ownedi fields. The District shall be ,olely responsible for the hiring, supervision and evaluation of the field supervisor and all District employees staffing District Uses at the Parks, including without limitation the provision of all compensation and all workers compensation and other coverages. No employment relationship, express or implied, shall exist between the Town and such persons. 4.7. Field Maintenance. The Town shall provide for general field maintenance for the Parks, to include mow:ng, watering, fertilization, and provision of necessary utilities. The District shall annually pay to the Town the following amounts for maintenance of the active sports field areas of the Parks identified in Subsection 4.1: 2010: $10,000 2011: $12,000 2012: $l2;000 The District shall pay in full the amount due for each year by no later than October 1 of such year. If payments are not made when due, the Town may deny the District use of the Parks until sich time as payment is received. ' 4 4.8. District Equipment. Any District equipment proposed to be stored at the Parks shall be stored in locations approved by the Town. The Town shall have no responsibility, liability, or obligation with respect to the safety or security of any stored District equipment of other District property placed or located on, at, or in the Parks, it being acknowledged and understood by the District that the safety and security of any such property is the sole responsibility and risk of the District. Banners, flyers and signs may be installed only upon prior approval of the Town and in locations designated by the Town. 4.9 Capital Improvements. The District shall not make any capital improvements to the Parks without the prior written consent of the Town, as evidence by a writing signed by the Town Mayor or Town Manager upon approval of the Board of Trustees. The Town and District may utilize addenda to this Agreement or "one-off' letters to memorialize Town consent for and the Parties agreement concerning the completion, ownership and financing of any capital improvements. Unless otherwise provided in such an addendum or letter, all capital improvements shall be owned by the Town. If agreed to by the Town, such an addendum or letter may also provide for a credit against the annual maintenance fee for District costs incurred for a capital improvement to be owned by the Town. Nothing herein shall be construed to require the granting of any such credit or the execution of any capital improvement addenda or letter. 4.10. Rules of Use of Parks. District personnel staffing Uses at the Parks shall make reasonable efforts to ensure the Parks are used in compliance with applicable rules. Incidents of vandalism or other conduct that may be in violation of law or use rules shall be reported to the Town Manager, Chief of Police or Director of Public Works, as appropriate. 4.11. Insurance. The District and Town agree each shall carry and maintain throughout the term of this Agreement public entity liability insurance in an amount of not less than $1,000,000 combined single limit for bodily injury and property damage. 4.12 Tournaments. Tournaments shall be subject to the following, additional requirements; in the event of any conflict between the provisions of this Subsection 4.12 and the oth~r provisions of Section 4, this Subsection 4.12 shall control: A. For all tournaments, the District and Town shall share the net proceeds of District-run concessions 25% to the Town and 75% to the District. As used herein, net proceeds equal total revenue less only the actual costs to the District of items sold. B. For all tournaments, there shall be paid field rental at rates established by the Town in consultation with the District. The District and Town shall share the gross field rental fees 75% to the Town and 25% to the District. C. The field rental fees shall include tournament field preparation by Town staff once each day for each day of the tournament. Any further field preparation-for example, raking or re-chalking fields-shall be the responsibility of the District. The District shall provide additional trash receptacles as needed at its expense. 5 D. The District shall collect field rental fees and within 30 days of the completion of the tournament shall pay to the Town the total amount of the Town's share of concession net proceeds and field rental fees. Amounts not paid when due shall be subject to a I 0% penalty and interest at the rate of 1-1/2% per month. All books and records of the District relating to amounts due the Town shall be open for inspection, audit and copying by the Town's Finance Director or his designees at no expense to the Town other than actual copy costs. a E. A tournament for purposes of hereof means any series of games other than the .District's scheduled, seasonal activities, and includes without limitation events such l'.S Gold Crown, Triple Crown, USSSA or Little League baseball and softball tournaments, soccer tournaments and similar events whether or not the District is a sponsor. 5.0 Term. This Agreement will remain in effect until December 31, 2012, unless sooner terminated by mutual written agreement or as provided in this Section 5.0. Either party may terminate this Agreement upon 60 days' prior written notice in the event of a material breach if such breach is not cured within 60 days of written notice of breach. Any notice of breach shall state with particularity the alleged breach, and the applicable cure period may run concurrently with the 60- day period for notice of termination. Notwithstanding the foregoing, the Town shall have the right to ,erminate this Agreement (a) on thirty (30) days' written notice in the event the District fails to pay when due any amounts owning to the Town; and (b) on 180 days written notice, without assigning any cause. 6.0 Miscellaneous Provisions. 6.1. lhis Agreement is made solely for the benefit of the Parties hereto and is not intended to nor shall it be deemed to confer rights to any persons or entities not named as parties hereto.· 6.2. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 6.3. The Town and the District shall comply with any and all otherwise applicable and valid s:ate, federal or local laws or regulations in relation to this Agreement. 6.4. If any provision of this Agreement is finally held invalid or unenforceable by a court of c:.impetent jurisdiction as to either party or as to both Parties, such invalidity or unenforceability shall not affect the other provisions of this Agreement, except that any similar right or obligation of the other party shall be deemed invalid and unenforceable. Further, with respect to any provision so held or deemed invalid or unenforceable, the Parties agree to take such actions as may be necessary to achieve to the greatest degree possible the intent of the affected provision. 6 6.5. Except for addenda executed pursuant to Subsection 4.1, this Agreement may be amended in writing only by mutual agreement of the governing bodies of the Parties. 6.6. This Agreement is not intended and shall not be construed to create any debt or multiple· fiscal-year obligation of either of the Parties, or to require or compel the appropriation of fonds of either of the Parties. However, the District agrees the Town shall have the right to terminate this Agreement as provided in Section 5.0 in the event it is determined that the District has or will not pay when due any annual payment under Subsection 4.7. 6.7. The Agreement between the Parties dated June 22, 2001 is hereby terminated and of no further force or effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. ATTEST Judy Hegwood, Town Clerk ' ATTEST: , Secretary TOWN OF FIRESTONE, COLORADO By: ______________ _ Chad Auer, Mayor Approved by the Board of Trustees of the Town of Firestone the day of ______ , 20IO CARBON VALLEY PARK AND RECREATION DISTRICT By: __________ ~---- , President Approved by the Board of Directors of the Carbon Valley Park and Recreation District the __ day of _____ ,2010 7 RESOLUTION NO.~ / 7 A RESOLUTION INSTRUCTING THE FIRESTONE TOWN CLERK TO CANCEL THE APRIL c, 2010 ELECTION AND DECLARE CANDIDATES. ELECTED IF CERTAIN CONDITIONS ARE MET WHEREAS, the Town's regular election is scheduled to be held on April 6; 2010; and WHEREAS, the election is to be conducted in accordance with the Municipal Election Code of 1965 and the Firestone Municipal Code; and WHEREAS, the only matter before the electors at the election is the election of a candidate to Mayor and candidates to three seats on the Board of Trustees; and WHEREAS, pursuant to C.R.S. § 31-10-507, the Town adopted sectfon2.04.255 ofthe Firestone Municipal Code, which provides that if the only matter before the voters in a Town rn\lllicipal election is the election of persons to office and if, at the close of business on the nineteentt day before the election, there are not more candidates than offices to be filled at such election, including candidates filing affidavits of intent, the clerk, if instructed by resolution of the governing. body either before or after such datl'l, shall cancel the election and by resolution declare the candidates elected; and WHEREAS, pursuant to C,R.S. 31-10-306, the. Town adopted section 2.04.250 of the Firestone :'viunicipal Code, which requires that affidavits of intent of write-in candidates be filed prior to twenty days before the day of election, which for theApril 6, 2010 election is March 16, 2010;and · WHEREAS, as of the date of this Resolution there are not more candidates than officers to be filled at the April 6, 2010 election and no write-in affidavits.have been filed; and WHEREAS, pursuant to its authority under section 2,04.25.5 of the Firestone Municipal Code, the Board. of Trustees desires to instruct the Town Clerk to cancel the election 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 election, including candidates filing affidavits of intent; NOW THEREFORE; BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to section 2.04,255 of the.Firestone Municipal Code the.Board of Trustees d:>es hereby instruct the Town Clerk that if at the close. of business on March 18, 2010, there are not more candidates than offices to be filled at the April 6, 2010 election, .including candidates filing affidavits ofintent, then the Town·.Clerk is to cancel.the election and declare the candidates elected. Section 2. The Board of Trustees does hereby further instruct the Town Clerk to publish su~h notice of the canceled elect.ion as required by law if the Town Clerk.. cancels .the election pi:rsuantto Section 1 of this Resolution. 1 <II. INTRODUCED, READ, and ADOPTED this J / day of .. ()') Alch ---'., 2010. ATTEST: 2 TOWN'OFFIRESTONE, COLORADO ChadAuer 7 Mayo_r RESOLUTION NO. 10-13_ A RESOLUTION AMENDING THE 2009 BUDGET BY INCREASING THE APPROPRIATIONS IN THE GENERAL FUND, HIGHWAY AND STREETS FUND, CAPITAL IMPROVEMENTS FUND, WATER FUND, STORMWATER FUND, AND DEBT SERVICE FUND, AND AUTHORIZING TRANSFERS FROM THE CAPITAL IMPROVEMENTS FUND TO THE GENERAL FUND AND THE HIGHWAY AND STREETS FUND. WHEREAS, the Board of Trustees of the Town of Firestone on December 11, 2008 adopted a budget for the 2009 calendar year per Resolution 08-81, pursuant to and in accordance with the Local Government Budget Law; and WHEREAS, the Town has received additional revenues not anticipated at the time of adopting o:: the 2009 budget, or has available existing fund balances; and WHEREAS, based on the foregoing, a need exists to appropriate additional sums of money in the General, Highway and Streets, Capital Improvement, Water, Stormwater, and Debt Service Fu:i.ds; and WHEREAS, the Board of Trustees has published notice of and held a hearing upon the supplemental appropriations and amendments to the 2009 budget authorized by this Resolution; and WHEREAS, the amended 2009 budget, as revised by this Resolution, remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the 2009 General Fund appropriation is hereby increased by $427,000, such expenditures corresponding to the design of the new Administrative Building, the police laptop and police vehicle leases, and the allowance for doubtful accounts. Such increased appropriation is funded by a grant, impact fees transfer, and existing fund balance as allowed by State statutes. Section 2. That the 2009 Highway and Streets Fund appropriation is hereby increased by $2,765,482, such expenditures corresponding to the Colorado Boulevard/Firestone Boulevard construction project. Such increased appropriation is funded by a grant and impact fees transfer. Section 3. That the 2009 Capital Improvements Fund appropriations is hereby increased by $2,113,960, such expenditures corresponding to the new Administration Building design and the Colorado Boulevard/Firestone Boulevard project moved from 2010 into 2009. Such increased appropriation is funded by existing fund balance as allowed by State statutes. There is further hereby approved a transfer from the Capital Improvements Fund to the General Fund of I $225,000 for costs of design of the new Administrative Building, and there is further hereby approved a transfer from the Capital Improvements Fund to the Highway and Streets Fund $1,888,960 for construction costs for the Colorado Boulevard/Firestone Boulevard Phase II Construction Project. Section 4. That the 2009 Water Fund appropriation is hereby increased by $270,800, such expenditures corresponding to increased tap fee activity. Such increased appropriation is funded by additional revenue received by the sale of additional taps. Section 5. That the 2009 Stormwater Fund appropriation is hereby increased by $ I 8,290, such expenditures corresponding to increased costs on the Sable Avenue drainage project. Such increased appropriation is funded by a grant. - Section 6. That the 2009 Debt Service Fund appropriation· is hereby increased by $ I ,520, such expenditures corresponding to fees not included in the original budget. Such increased appropriation is funded by the existing fund balance as allowed by State stal\ltes. Section 7. The foregoing appropriations and transfers, which are further delineated on the attached schedule, are effective as of the date of this Resolution . . · flli INTRODUCED, READ AND ADOPTED this d6 day of~ 2010. Attest: fo~.,1, i eNe;jwmiJ Town Clerk TOWN OF FIRESTONE, COLORADO ctJ Chad Auer Mayor 2 J __ • ( RESOLUTIONNO. /0-/q A RESOLUTION CONFIRMING THE CANCELLATION OF THE APRIL 6, 2010 ELECTION AND DECLARATION OF ELECTED CANDIDATES WHEREAS, the Board of Trustees adopted Resolution No. 10-17 on March 11, 201Q instructing the Town Clerk pursuant to section 2.04.255 of the Firestone Municipal Code to' - cancel the April 6, 2010 election if at the close of business on March 18, 2010, there were not more candidates than offices to be filled at the election, including candidates filing affidavits of intent; and WHEREAS, the Town Clerk canceled the April 6, 2010 election because at the close of business on March 18, 2010, there were not more candidates than offices to be filled at the election, including candidates filing affidavits of intent; and WHEREAS, the Board of Trustees desires by this Resolution to confirm the cancellation of the April 6, 2010 election and the declaration of elected candidates; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. election. The Board of Trustees hereby confirms cancellation of the April 6, 20 I 0 Section 2. The Board of Trustees herel}y further confirms the Town Clerk's declaration of election of Chad Auer to the office of Mayor for a two-year term and the Town Clerk's declaration of election of Bobbi Sindelar, Darrell Walsh, and Jennifer Weinberger to the office of Trustee, each for a four-year term, such terms to commence upon being sworn into office at the next regular meeting of the Board of Trustees on April 8, 2010. INTRODUCED, READ, and.ADOPTED this 25th day of March, 2010. ATTEST: TOWN OF FIRESTONE, COLORADO c1J fl__ Chad Auer Mayor RESOLUTION NO. ~J.,.O A RESOLUTION APPROVING AND ADOPTING THE FIRESTONE ECONOMIC DEVELOPMENT MANUAL WHEREAS, the Town of Firestone Economic Development Committee has prepared the Firestone Economic Development Manual (the "Manual") dated March 201 O; and WHEREAS, the Board of Trustees recognizes the importance of economic development in the Town and desires to adopt the Manual as a reference resource for Town officials on economic development matters within the Town. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves and adopts the Firestone Economic Development Manual ("Manual") dated March 2010, in essentially the same form as accompanies this Resolution, subject to final legal review. The Mayor, Town Manager, and Town Staff are authorized to approve revisions to the Manual they determine are necessary or desirable so long as the essential terms and conditions of the Manual are not altered. INTRODUCED, READ, and ADOPTED this 25th day of March, 2010. ATTEST: TOWN OF FIRESTONE, COLORADO Cl.J d- Chad Auer, Mayor .... •·,owN ·. / SEAL .... .. ·•.... . .. •·· RESOLUTION NO. / 0 -d-{ · , A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE WELD COUNTY ROAD 26 ANNEXATION NO.1-NO. 4, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION W"-IEREAS, a petition for annexation of property described in Exhibit A attached hereto has been filed with the Board of Trustees of the Town of Firestone; and WrIEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: I. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including without limitation: a. Not less than one-sixth of the perimeter of the areas proposed to be annexed is contiguous with the Town of Firestone; in accordance with Section 31-12- 104(1 )(a), C.R.S., contiguity may be established by the annexation of tivo or more parcels in a series. b. A community ofinterest exists between the areas proposed to be annexed .and the Town of Firestone. c. The areas proposed to be annexed are urban or will be urbanized in the near future. d. The areas proposed to be annexed are integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. I f. No land within the boundary of the areas proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the areas proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the. annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. 1. 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 9.05 acres, more or less. k. The Master Plan adopted by the Board of Trustees of the Town of Firestone shall serve as the plan for the areas proposed to be annexed, in accordance with Section 31-12-IOS(l)(e), C.R.S. I. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of each of the areas proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the areas proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes oftheTown of Firestone, if applicable, shall become effective as of the January I next ensuing. 5. No election for annexation of the areas proposed to be annexed has been held in the 2 . preceding twelve ~onths, and no election is required under Sections 31-12-107(2) or -112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of Sections 31-12- 107(1 )(g), -110(2) or 112, C.R.S. 7. The landowners of one hundred percent ( 100%) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and Section 31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the areas proposed to be annexed are eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. nd . INTRODUCED, READ, and ADOPTED this Jd.:'.: day of A Pr 1 / , 2010. ChadAuer ~ Mayor ATTEST: 3 . EXHIBIT A -LEGAL DESCRIPTION WELD COUNTY ROAD 26 ANNEXATION NO. 1 -NO. 4 DESCRIPTION OF WELD COUNTY ROAD 26 ANNEXATION NO. 1 TO THE TOWN OF FIRESTONE A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST, AND THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32 TO BEAR NORTH 89'41'50" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 32; THENCE NORTH 00' 57'40" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 30.01 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE SOUTH 78'43'46" WEST, A DISTANCE OF 149.53 FEET TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32; THENCE SOUTH 78'09'37" EAST, A DISTANCE OF 150.00 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 5 AND THE SOUTH RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 26; THENCE NORTH 00'39'24" EAST, COINCIDENT WITH THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 5, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.10 ACRES OR 4356 SQUARE FEET, MORE OR LESS. DESCRIPTION OF WELD COUNTY ROAD 26 ANNEXATION NO. 2 TO THE TOWN OF FIRESTONE A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST, AND THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32 TO BEAR NORTH 89'41'50" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 32; THENCE NORTH 00' 57'40" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 30.01 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 88'00'20" WEST, A DISTANCE OF 748.45 FEET TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32; THENCE SOUTH 87'24'05" EAST, A DISTANCE OF 748.93 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 5 AND THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE NORTH 78'09'37" WEST, A DISTANCE OF 150.00 FEET TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32; THENCE NORTH 78'43'46" EAST, A DISTANCE OF 149.53 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.41 ACRES OR 17,860 SQUARE FEET, MORE OR LESS. DESCRIPTION OF WELD COUNTY ROAD 26 ANNEXATION NO. 3 TO THE TOWN OF FIRESTONE A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 32,'AND THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 67 WEST, AND THE NORTHWEST 1/4 OF SECTION 5, 4 AND THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32 TO BEAR NORTH 89'41'50" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 32; THENCE NORTH 00' 57'40" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 30.01 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 89'41 '50" WEST COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 2397.47 FEET; THENCE SOUTH 88'59'33" WEST, A DISTANCE OF 1320.20 FEET TO THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 31; THENCE SOUTH 88'24'12" EAST, A DISTANCE OF 1320.20 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE NORTHEAST CORNER OF FIRESTONE TRAIL ANNEXATION NO. 2, AS SHOWN ON THE PLAT RECORDED FEBRUARY 27, 2002 AT RECEPTION NO. 2928666 IN THE RECORDS OF THE CLERK AND RECORDER FOR ADAMS COUNTY COLORADO; THENCE SOUTH 89'41 '50" EAST COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 2397.95 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 5; THENCE NORTH 87'24'05" WEST, A DISTANCE OF 748.93 FEET TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32; THENCE NORTH 88°00'20" EAST, A DISTANCE OF 748.45 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 3.70-ACRES OR 161,172 SQUARE FEET, MORE OR LESS. DESCRIPTION OF WELD COUNTY ROAD 26 ANNEXATION NO. 4 TO THE TOWN OF FIRESTONE A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 32, AND THE SOUTH ½ OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 67 WEST, AND THE NORTHWEST 1/4 OF SECTION 5, AND THE NORTH 1/2 OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 31 TO BEAR NORTH . 89'47'27"WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE NORTHEAST CORNER OF FIRESTONE TRAIL ANNEXATION NO. 2 AS SHOWN ON THE PLAT RECORDED FEBRUARY 27, 2002 AT RECEPTION NO. 2928666 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY COLORADO; SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 26; THENCE NORTH 89'41'50" WEST, COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE NORTH LINE OF SAID FIRESTONE TRAIL ANNEXATION NO. 2, A DISTANCE OF 272.02 FEET TO THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 6; THENCE NORTH 89'42'27" WEST, COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 2651.86 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 6; THENCE NORTH 89'42'58" WEST, COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 124 7 .84 FEET TO BROOKS FARM SECOND ANNEXATION AS SHOWN ON THE PLAT RECORDED JUNE 15, 2001 AT RECEPTION NO. 2857771 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY COLORADO; THENCE NORTH 00'44'02" EAST, COINCIDENT WITH THE EAST LINE OF SAID BROOKS FARM SECOND ANNEXATION, A DISTANCE OF 60.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE SOUTH 89°42'58" EAST, COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 1247.18 FEET TO THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 31; THENCE SOUTH 89'42'27" EAST, COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 2652.03 FEET TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 31; THENCE SOUTH 89'41'50" EAST, COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 5 272.05 FEET; THENCE SOUTH 88°59'33" WEST, A DISTANCE OF 1320.20 FEET TO THE SOUTH LINE OF THE SOUTHEAST 1/4 C·F SAID SECTION 31; THENCE SOUTH 88°24'12" EAST, A DISTANCE OF 1320.20 FEET TO THE TRU:: POINT OF BEGINNING. SAID PARCEL CONTAINS 4.84 ACRES OR 210,830 SQUARE FEET, MORE OR LESS. 6 RESOLUTION NO. 10-J;l.. A RESOLUTION APPROVING SPECIAL USE PERMITS FOR ENCANA OIL & GAS (USA), INC., TO LOCATE FOUR OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE WHEREAS, EnCana Oil & Gas (USA) Inc. (hereinafter "EnCana" or "Applicant") has submitted an application and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code for special use permits to locate within the Town four oil and gas wells referred to as the proposed Wandell 0-6-7, 2-8-7, 4-6-7 and 6-8-7 Wells; and WHEREAS, all materials related to the requested special use permits have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, pursuant to Chapter 17 .32 of the Firestone Municipal Code, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the proposed special use permits and adopted its Resolution No. PC-10-04 forwarding to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed special use permit and has held a properly noticed public hearing on the application, at which hearing the applicant and other interested persons presented testimony to the Board and at which a number of documents were made a part of the record; and WHEREAS, the Board of Trustees finds that the proposed special use permits for the oil and gas wells should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the special use permit requests of EnCana Oil & Gas (USA), Inc. for location of the Wandell 0-6-7, 2-8-7, 4-6-7 and 6-8-7 Wells within the Town of Firestone, in the location more particularly described in Exhibit A attached hereto, subject to the following conditions: 1. The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. I 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits, waivers, variances and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 5. Prior to commencement of any work within the Town the applicant, including contractors and subcontractors, shall obtain necessary Contractor's Licenses from the Town. 6. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County, specifically an Overweight Permit from the Town is required for moving the drilling rig. 7. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 8. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town that are caused by the Applicant. 9. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as-needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. I 0. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. The well site and tank battery and separator areas shall be secured and screened by chain link fencing with "solid" tan aluminum or vinyl lathing using the Town's standard fence and screening detail. 2 11. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 12. Machinery at the site shall be well-oiled and well-maintained to mitigate noise. 13. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 14. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 15. During drilling, use a tarp around drilling floor and drawworks to muffle sound. 16. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 17. To the extent reasonably possible, keep the door to the drill rig engine closed. 18. The use of pump jacks shall be limited to those running on electric motors. 19. The drilling rig used for drilling operations shall be Model CAZA-54 or equivalent type of drill rig. 20. A gravel apron shall be placed at the Frontier Street access point and the Sable Avenue access point. 21. A minimum of two frac tanks shall be placed on either side of the access road from Sable Avenue, between Sable Avenue and the drill rig, to help minimize noise from the drill rig. INJRODUCED, READ, AND ADOPTED this 22 nd day of April, 2010. TOWN OF FIRESTONE, COLORADO Mayor 3 ATTEST: ~i~~ JHegwood Town Clerk 4/22/20!0 11:52 AM f db] S:\Firestone\Subdivisions\Ecana.2 Wandell Wells (plus 2 more) ('lO).TB.res.doc 4 EXHIBIT A: Well Locations Wandell 0-6-7, 2-8-7, 4-6-7 and 6-8-7 Wells EnCana Oil and Gas (USA) Inc. THE NORTH ONE-HALF OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, EXCEPTING THEREFROM THOSE PORTIONS OF SAID LAND AS CONVEYED BY INSTRUMENTS RECORDED MAY 17, 1909 IN BOOK 305, PAGE 15; MAY 3, 2000 AS RECEPTION NO. 2765844; AND RIGHT OF WAY ALONG WELD COUNTY ROAD 15 PER DOLLAGHAN ANNEXATION TO THE TOWN OF FIRESTONE RECORDED AT RECEPTION NO. 2520155 AND 2520156, BOOK 1577, PAGES 26 AND 27, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, T2N, R67W OF THE SIXTH P.11,1., AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18 TO BEAR S00°53'21"E WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER N89°15'53"W, 30.01 FEET TO THE NORTHEAST CORNER OF A QUIT CLAIM DEED RECORDED AT RECEPTION NO. 2765844 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE EASTERLY BOUNDARY OF SAID QUIT CLAIM, S00°53'21"E, 50.02 FEET (PREVIOUSLY RECORDED AS S00°53'19"E) 50.02 FEET TO THE SOUTHEAST CORNER OF SAID QUIT CLAIM, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY OF WELD GOUNTY ROAD 15, AND SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE WESTERLY RIGHT OF WAY OF WELD COUNTY ROAD 15 AS DESCRIBED IN SAID DOLLAGHAN ANNEXATIONS NOS. 1 AND 2 TO THE TOWN OF FIRESTONE, S00°53'21"E, 2590.25 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18; THENCE .A.LONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18, N89'06'39"W, 2618.37 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 18; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18, N89'07'55"W, 2105.37 FEET TO THE EASTERLY LINE OF SAID PARCEL OF LAND CONVEYED TO THE UNION PACIFIC RAILROAD COMPANY AS RECORDED IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER IN BOOK 305 AT PAGE 15, ALSO BEING THE EASTERLY LINE OF THAT PARCEL OF LAND CONVEYED TO THE TOWN OF FIRESTONE AS RECORDED IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER UNDER RECEPTION NO. 2538622 IN BOOK 1596; THENCE ALONG SAID EASTERLY LINE N00'16'49"E, 2568.35 FEET TO THE SOUTHWEST CORNER OF SAID QUIT CLAIM DEED RECORDED AT RECEPTION NO. 2765844; THENCE PJLONG THE SOUTHERLY BOUNDARY OF SAID QUIT CLAIM THE FOLLOWING TWO (2) COURSES: 1) S89'30'49"E, 2079.21 FEET, (PREVIOUSLY RECORDED AS S89'30'43"E, 2079.10 FEET); 2) S89'15'!:3"E, 2591.50 FEET, (PREVIOUSLY RECORDED AS S89'15'55"E, 2591.57 FEET) TO THE SOUTHEAST CORNER OF SAID QUIT CLAIM, SAID POINT ALSO BEING ON THE 5 WESTERLY RIGHT OF WAY OF WELD COUNTY ROAD 15 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 278.32 ACRES MORE OR LESS (12,123,514 SQUARE FEET). 6 RESOLUTION NO . .lfrd3 A RESOLUTION APPROVING A FIFTH ADDENDUM TO THE WATER SERVICE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND CENTRAL WELD COUNTY WATER DISTRICT WHEREAS, the Town of Firestone ("Town") and the Central Weld County Water District ("District") are parties to a Water Service Agreement dated May 28, 1974, as amended by th~ First, Second, Third and Fourth Addenda thereto ( collectively "the Agreement"); and WHEREAS, among other provisions, the Agreement states that the District shall have exclusive rights to serve the Town so long as the District provides service under its contractual agreement; and WHEREAS, the Town has received a request for annexation of certain property which is currently vacant but previously received service from Left Hand Water District; and WHEREAS, the owner of the property has requested that Left Hand Water District continue to provide treated water service to the property, and the Town and the owner of the property desire that Left Hand Water District continue to provide water service to the property under a separate agreement; and WHEREAS, a Fifth Addendum to the Agreement has been proposed to. allow the property, upon annexation to Firestone, to continue to be served directly by the Left Hand Water District; WHEREAS, the Board of Trustees has determined that the Fifth Addendum is in the best interests of the Town and desires by this resolution to approve such Addendum and authori:z;e·its execution; / NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Fifth Addendum to Agreement ("Fifth Addendum") between the Town of Firestone and the Central Weld County Water District is hereby approved in essentially the same form as the copy of such Fifth Addendum accompanying this resolution. Section 2. The Mayor and Town Clerk are hereby authorized to execute the Fifth Addendum and the Mayor is further authorized to negotiate and approve on behalf of the Town such revisbns to the Fifth Addendum as the Mayor and Town Manager determine are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Fifth Addendum are not altered. ~ INTRODUCED, READ, and ADOPTED this a day of {fY)A:t , 2010. I ATTEST: •·· rowN'·· SEiU, •, , '• ,• .. ... •, -<W 2 TOWN OF FIRESTONE, COLORADO ChadAuer 7 Mayor RESOLUTION NO. 1-Q_::J'-t A RESOLUTION ADOPTING THE 2010 TOWN OF FIRESTONE SUMP BASIN MASTER DRAINAGE PLAN. WHEREAS, in connection with its provision of stormwater utility services, the Board of Trustees finds it is necessary and desirable to have and implement strategies for sump basin drainage; and WHEREAS, the Board of Trustees recognizes the need to periodically review and update its plans and policies for drainage and toward that end has completed preparation of a Sump Basin Master Drainage Plan; and WHEREAS, the proposed Sump Basin Master Drainage Plan has been completed in view of other Town plans and policies, including but not limited to the Town of Firestone Master Plan, the Raw Water Master Plan, the Water Conservation Plan, the Potable Water Master Plan, Raw Water Irrigation System Master Plan and other documents; and WHEREAS, the Board of Trustees desires to approve and adopt the 2010 Town of Firestone Sump Basin Master Drainage Plan; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The 2010 Town of Firestone Sump Basin Master Drainage Plan, a copy of which acccmpanies this Resolution, is hereby approved and adopted by the Board of Trustees of the Town of Firestone. . ~ INTRODUCED,READ,andADOPTEDthis /3 dayof --fY\a,L\ ,2010. TOWN OF FIRESTO«E, COLORADO ATTEST: ~,;~J~w@1? lly~ood own Clerk Chad Auer Mayor RESOLUTION NO. 10 ·d.S A RESOLUTION ADOPTING AN UPDATED PUBLIC RECORDS POLICY AND PROCEDURES STATEMENT FOR THE TOWN WHEREAS, the Board of Trustees previously approved a Public Records Policy and Procedures Statement concerning the inspection of public records; and WHEREAS, the Colorado Open Records Act authorizes the Town Clerk, as the Town's custodian of public records, to make rules with reference to the inspection of public records; and WHEREAS, the Town and custodian are authorized by law, including without limitation C.R.S. § 24-72-205, to set certain fees related to public records requests; and WHEREAS, the Board desires to update its Public Records Policy and Procedures statement to reflect changes in the Colorado Open Records Act and other changes in the Town's handling of public records; NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF TRUSTEES OFTHE TOWN OF FIRESTONE, COLORADO: Section 1. The Town of Firestone Public Records Policy and Procedures statement is hereby adcpted in the form attached hereto. A copy of such statement as hereby adopted shall be placed in the Office of the TO\vn Clerk together with a certified copy of this Resolution. The Town Clerk, as the custodian of Town public records and as authorized by state law, niay from time-to-time 111.ake and adopt revisions to such statement, and the fees set forth therein, as deemed appropriate and in compliance with state law. A current copy of such staternent shall be maintainec. by the Town Clerk at all times. Section 2. The Public Records Policy and Procedures statement attached hereto replaces all prior public records policies and procedures or portions thereof inconsistent or conflicting with the statement attached hereto. Attest: INTRODUCED, REA~, and ADOPTED this 13!: day of W/°i' , 20 I 0. ~,~~§!.S'.~~ ,···· TOWN .,\ TOWN OF FIRESTONE, COLORADO I ' ;( SEAL)~ ·/>1/.' J~ 0\ /,!J LJ. J ---Oou·· ........... •;::ov · Cha<iA.uer,eyor NTY, '·;,,· ~="'~·;,.- ~;f~ Ju H7g~, Town Cl~ S ·\Fircslonc\RC'~olution\Publ icRecord.1Po!icy20 l O re~ doc Town of Firestone Public Records Policy and Procedures Public Records The Town Clerk is the official custodian of all public records, except criminal justice records as defined by C.R.S. § 24-72-302, and will process all requests for public records pursuant to C.R.S. Section 24-72-203(1)(a) of the. Public Records Act (the. ''Act"). A Public Records Request form must be filed with the Town Clerk to initiate a request for public records. This policy applies to public re.cords of the Town and the Firestone Urban Renewal Authority. Criminal Justice Records The Firestone Police Department, through its Court Clerk, administers criminal justice records as defined by C.R.S. § 24-72-302. T.he mainte11ance, inspection and dissemination of the criminal justice rec:>rds. shall be in accordance with state statutes and the policy and procedures promulgated by the Firestone Police Department. lfthe records requested are criminal justice records, the requestor must file a records request with ihe Firestone Police Department. Procedures The Town Clerk will notify the applicant of the completion of process of a public records request, the availability of the public records, and the. cost of service, including copying charges for any requested copies and research or other foes. Records .subject to nondisclosure by law or under the Act will be withheld from inspection as provided by the Act. The Town has three· working days to processrequests, and in extenuating circumstances, up to seven working days to respond to open records requests. Fees Fees for public records will be calculated based oil the attached Jee schedule for the cost of copies and ·staff research time in processing a records request. If the estimated cost of copying exceeds $to.Do', the Town Clerk will require the requestor to deposit the full amount of the estimate prior to fulfilling the request. The Town will return any amount of the deposit Vlhich is in excess of the actual charge, and shall collect any amount by which the actual charge exceeds the amount deposited. Copying costs and research fees must be paid in full prior to the times copies are made or the records are provided to the requestor. Effective this l tt'day of ma.1 '2010. {i#&JM."L~ TOWN OF FIRESTONE Photo Copy Fees Standard Photo copies Telefaxed Copies/certified copies Research fee $0.25 per page (necessary research not to exceed fifteen minutes) $1.25 perpage $15.00per hour(time required in excess of fifteen minutes) $20.00 per hpur (for exceptionally voluminous requests estimated to take in excess .of three hours ofstafftime) Fees for Copies. of Maps TheJollowing. fees are for reprodµctiop. of color, GIS, or other non-standard maps;. which require use of a plotter or use of a large format copier: 8.5' X 11" 11" X 17" 18" X24" 24" X 36" 36" X 58" Postage/Mailing·fees Photographs Video Tape/DVD Audio Tape/CD Notary fee $LO.DO $13.00 $16.00 $20.00 $25.00 Miscellaneous Fees Actual cost applicable on.mail requests $15,00 plus cost of copies $15.00 per tape/DVD $15.00" $66.00* per tape/CD (*recorded in¼ time) $ 1.25 per page The fees set forth. above are subject to change without notice. RESOLUTION NO, J Q -d 0 A RESOLUTION APPROVING AND ADOPTING THE FIRESTONE POLICE DEPARTMENTSCHEDULE OF FEES WHEREAS, C.R.S. § 24-72-306(1) authorizes the governing body of a municipality to establish the .amount of fees fo be charged by a criminal justice agency for. the search, retrieval, and copying of crim.inal justice records so long as the fees are reasonable and are not otherwise prescribed by law; and WHEREAS; C.R.S. § 16-22-108(7) authorizes ~local la enforcement agency to establish a registration fee to be paid by per ns req~ir~o egister with the local law enforcement agency pursuant to the Colorado S x O ender Reg' tration Act in an amount that reflects the actual direct costs incurred by the Joe a en£ 'rcement agency in imp! ementing the provisions of the law; and WHEREAS, the Board of Trustees. d Firestone Police Department, which being provided; ires o establish other fees to be charged by the reasonably related to the costs of the services NOW, TH TOWN OF FIRE OL VED BY THE BOARD OF TRUSTEES OF THE Se Attest: approvi;:d and adopted. the Firestone Police Department an mcorporated herein by reference. ,,,;:Ss$~D, READ, and ADOPTED this J.1:._ day of 1YlaLf: , 2010. TOWN OF FIRESTONE, COLORADO cLJL I Chad Auer, Mayor ~/41~0!0 I U7 AM [mac) S \F;restone\Re_rolution\PD Fee Schedule m Photo c.opies Tele-faxed copies Certified copies Notary fee Research/ Admin fee Clearance Letters Insufficient Check Sex Offender New Reg1strati,)n Annual Registration Quarterly Cancellation Postage/Mailing fees Photographs Video Tape/DVD Audio Tape/CD FIRESTONE POLICE DEPARTMENT Schedule of Fees .25 cent per page $1 :25 per page $1.25 per page $1 :25 per page $15,00 per hour (time required in excess of fifteen minutes) $20.00 per hour (for exceptionally voluminous requests estimated to take in excess of three hours ofstafftime,) $10.00 per document $25.00 $100.00 $100.00 $50.00 $10.00 Actual cost applicable on mail requests $15.00 plus cost of copies $15.00 per tape/DVD $15.00-$66.00 pertape/CD (recorded in¼ time) The fees set forth above are subject to change withoutnotice. Fees are to be paidat the time of service or when documents are made avaHable for copying or inspection,. except that the. Court/Police Clerk miiy require an advance deposit of research fees for research estimated to be in excess of two hours for complying with a request. Copying costs must be paid prior to the time copies are made and provided to the requestor. The above fees are adopted pursuant to Colorado law, including but not limited to, C.R.S. Sections l6c22-108, 24- 72-303(1) and 24-72-306. RESOLUTIONNO. 10-_Jj A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR THE BARCHAS PROPERTY LOCATED ON LOT 2 OF THE MOUNTAIN VISTAS SUBDNISION WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final development plan for the Barchas property located on Lot 2 of the Mountain Vistas Subdivision; and WHEREAS, all materials related to the proposed final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final development plan should be approved subject to certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone does hereby approve the final development plan for the Barchas property located on Lot 2 of the Mountain Vistas Subdivision, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. c..Jlr INTRODUCED, READ, and ADOPTED this J1.__ day of (Yla V , 2010. I Chad Auer, Mayor ATTEST: I EXHIBIT A Final Development Plan Conditions of Approval Barchas Property Lot 2, Mountain Vistas_ Subdivision General I. Provide an updated title commitment or an updated Ownership and Encumbrance Report for the property. 2. Execute a Subdivis:on Agreement as prepared by the Town Attorney. 3. In the sections of :he FDP entitled "Summary'' and "Irrigation Ditch," add a note that provides: "The derr_olition or dismantling of the Coal Ridge Ditch Lateral is subject to the approval of other interested parties as may be required." 4. Modify the fence p~an in the FDP to include the rationale for the use of wooden split-rail fencing, including but not limited to the age and style of the home justifies the use of wooden fencing. 05/24/2010 8:40 AM [mac] S'!\F11cstone\Subdivisions\Ba-chasFDP.TB.res 2 RESOLUTION NO. / Q -;}__ ~ A RESOLUTION APPROVING AND ADOPTING THE FIRESTONE POLICE DEPARTMENT SCHEDULE OF .FEES WHEREAS, C.R.S. § 24-72-306(1) authorizes the governing body of a municipality to establish the amount of fees to be charged by a criminal justice agency for the search, retriev~l, and copying pf criminal justice re~ords so long as the fees. are reasonable .and are n.ot. oth.erwise prescril.ied by law; and WHEREAS, C.R,S. § 16-22-108(7) authorizes a local law enforcement agency to establish a registration fee to be paid by persons required to register with the local law enforcement agency pursuatit to the Colorado Sex Offender Registration Act in an amount that reflects the actual direct costs incuned by the local law enforcementagency in implementing the provisions of the law; and WHEREAS, the Board of Tl'Ustees desires to establish other fees to be charged by the Firestone Police Department, which suchJees are reasonably relatedto the costs ofthe services being provided; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OFFIRESTONE, CbLORADO: Section 1. There is hereby approved and adopted the Firestone Police Department Schedule ofFees attached hereto and incorporated herein by reference. Section 2. Resolution No. I 0°26 is hereby repealed in its entirety. INTRODUCED, READ, and ADOPTED this 27th day of May, 2010. ATTEST: S/241'2010 9.37 AM [~ai:J S: \FircstOnc\ResoltiLion\PD Fee SdwUul~ m(5<?~-JO) TOWN. OF FIRESTONE, COLORADO ···rnwN ··· :1·· SEAL ........ . .. ~· VIN Checks Fingerprints Photo copies/reports Tele-faxed copies Certified copies Notary fee Research/ Admin fee Clearance Letters Insufficient Che.ck Sex Offender: New Registration Annual Registration Quarterly Cancellation Dog Impounds Animal Traps Postage/Mailing fees· Photographs Video Disc Audio Disc BRAC FIRESTONE POLICEDEP~TMENT Schedule of Fees $15.00 for non-residents $15 .00 for non-residents $0.Z5 per page (No fee for crime victims) $1.25 per page $1.25 per page $ l.25 per page $15'.00 per hour(time required in excess.of fifteen minutes) $20.00 per hour (for exceptionally voluminous requests. estimated to take in excess of three hours of staff time.) $10,00 per document $25.00 $100.00 $100.00 $ 50.00 $10.00 $45.00 + $15,00 per day boarding fee $50.00 deposit, returned after use Actual co.st applicable on mail requests $15.00 plus cost Qf copies $15.00 per disc $15.0Q-$66,0Q per disc (recorded in¼ time) $6.00 The fees set forth above are subje,tto ,haoge withoutnotice. Fees ar.eto be paid at the time.of service or when documents are made available for copying .oc inspection, except that the Court/Pq.lice Clerk may require an advance deposit of research fees for research estimated to be in excess of two hours for~omplying with. a request.. Copying cost must be paidprior to the times copies are made aod provided to the requester. The above fees are adopted pursuant to Colorado law, including but not limited to, C.R.S. Sections 16'22- 108, 24-72-303(1) and 24-72-306 .. RESOLUTION NO . .lQ::_;2_ q A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BY, BETWEEN AND AMONG THE TOWN OF FIRESTONE, COLORADO AND HIGHWAY 119 METROPOLITAN DISTRICT NOS. 1-6 WHEREAS, the Town on September 10, 2009, adopted Resolution No. 09-28 approving with conditions a consolidated service plan for the proposed Highway 119 Metropolitan District Nos. 1-6; and WHEREAS, the service plan requires at section XIII(a) that the Districts enter into an intergovernmental agreement with the Town; and WHEREAS, the Districts have executed and forwarded to the Town an intergovernmental agreement that complies with the service plan, and the Town desires to approve the agreement and authorize its execution. · NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Intergovernmental Agreement By, Between and Among the Town of Firestone, Colorado and Highway 119 Metropolitan District Nos. 1-6 ("Agreement") is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2. The Mayor and Town Clerk are hereby authorized to execute the Agreement and the Mayor is further authorized to negotiate and approve .on behalf of the Town such revisions to the Agreement as the Mayor and Town Manager determine are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. . :-Jt, INTRODUCED, READ, and ADOPTED this JL day of~m~ll_,Y __ , 2010. I ATTEST: ;;I! ~41:, ~12 own Cle TOWN OF FIRESTONE, COLORADO ~ Chad Auer Mayor INTERGOVERNMENTAL AGREEMENT BY, BETWEEN AND AMONG THE TOWN OF FIRESTONE, COLORADO AND HIGHWAY 119 METROPOLITAN DISTRICT NOS. 1-6 This INTERGOVERNMENTAL AGREEMENT (the "Agreement") is entered into this 24 th day of March 2010, by, between and among the TOWN OF FIRESTONE, COLORADO, a municipal corporation of the State of Colorado (the "Town"), and HIGHWAY 119 METROPOLITAN DISTRICT NOS. l-6, each quasi-municipal corporations and political subdivisions of the State of Colorado (the "Districts"), collectively referred to herein as the H Parties". RECITALS WHEREAS, the Districts were organized to finance certain public improvements, all as are more specifically set forth in the Districts' Consolidated Service Plan, dated September 10, 2009, and approved by the Town on September 10, 2009, by Resolution No. 09-28 (the "Service Plan"); and WHEREAS, the Service Plan makes reference to and requires the execution of an intergovernmental agreement between the Town and the Districts; and WHEREAS, the To\\;n and the Districts have determined it to be in the best interests of their respective taxpayers, residents and property owners to enter into this Agreement; NOW, THEREFORE, for and in consideration of the covenants and mutual agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: COVENANTS AND AGREEMENTS 1. APPLICATION OF LOCAL LAWS. The Districts hereby acknowledge that the property within its boundaries shall be subject to all ordinances, rules and regulations of the Town, including without limitation, ordinances, rules and regulations relating to zoning, subdividing, building and land use, and to all related Town land use policies, master plans, related plans and intergovernmental agreements. 2. NATURE OF DISTRICTS. The Districts agree that they are organized for the purpose of financing certain public improvements for the area within its boundaries only ( except to the extent otherwise specifically provided in Article V.c of the Service Plan and with the exception of the District Operating Improvements, as defined in the Service Plan, which may be owned, operated and maintained by a District only if required or authorized by an intergovernmental agreement with the Town, separate and distinct from this Agreement), which area is designated as the proposed Union, Firelight Adams, Golden and Sherrelwood 1159.0301.331677-1 developments (the "developments") or for the purpose of connecting the developments to the Town's infrastructure, and that the Districts' purposes, powers, facilities, functions and activities are to be limited and governed by the Service Plan. The Districts shall fully comply with all provisions, requirements, restrictions and limitations of the Service Plan. The Districts are not intended to and shall not provide facilities or service outside its boundaries ( except as otherwise specifically provided in Article IV.a and Article V.c of the Service Plan). The Districts shall not provide any services or facilities within any area of the Districts overlapping with the service area of another district without first obtaining the written consent of each and every district whose service area is so overlapped. 3. CHANGE IN BOUNDARIES. The Districts agree that, as set forth in the Service Plan, inclusion of properties within, or any exclusion of properties from, its boundaries shall constitute a material modification of the Service Plan; any purported inclusion or exclusion that has not been approved by the Town pursuant to the procedures applicable to a material modification of the Service Plan shall be void and of no effect. Notwithstanding the foregoing, the Districts shall be permitted to include and exclusion property within the Inclusion Area Boundaries without the consent of the Town, which inclusions and exclusions shall not constitute a material modification of the Service Plan. In no event shall property not annexed to the Town be included within any of the Districts. 4. TOWN AP PROV AL REQUIREMENTS: REVIEW OF DISTRICTS SUB MITT ALS. The Districts agree that any Town approval requirements contained in the Service Plan (including, without limitation, any Service Plan provisions requiring that any change, request, action, event or occurrence be treated as a Service Plan amendment proposal or be deemed a "material modification" of the Service Plan) shall remain in full force and effect, and such Town approval shall continue to be required, notwithstanding any future change in law modifying or repealing any statutory provision concerning service plans, amendments thereof or modifications thereto. The Districts agree to reimburse the Town for all reasonable administrative and consultant costs incurred by the Town for any Town review of reports, plans, submittals, proposed modifications or requests for administrative approvals, or other materials or requests provided to the Town by the Districts pursuant to the Service Plan, this Agreement, state law or the Firestone Municipal Code. The Town may require a deposit of such estimated costs. 5. OWNERSHIP OF IMPROVEMENTS: LIMITED FUNCTIONS. The Parties agree that, with the exception the District Operated Improvements, which may be owned, operated or maintained by the Districts only if required or authorized by an intergovernmental agreement with the Town, separate and distinct from this Agreement, the Districts shall not be permitted to undertake ownership, operation or maintenance of any public improvements, facilities or services, except as specifically set forth in the Service Plan. All functions, activities, improvements, services and programs of the Districts are limited to those expressly authorized in the Service Plan, notwithstanding any different, additional or expanded powers or authority that may be granted to the Districts by any present or future statutory or regulatory , provisions. l l59.0J0J.ll1677-1 6. REGIONAL PUBLIC IMPROVEMENTS REQUIREMENT. The Parties agree, and the Town's approval of the Service Plan is expressly conditioned upon the requirement, that the Coordinating District construct Regional Improvements (as defmed in the Service Plan) benefiting the Town's and the Districts' residents and taxpayers and located within or outside of the developments, the cost of which equals or exceeds 23% of the Districts' total Net Bond Proceeds. "Net District Bond Proceeds" means the aggregate net proceeds of all general obligation and revenue bonds issued by the Districts, excluding any bonds or portions thereof anticipated, as of their respective date of issuance, to be paid from Credit PIF Revenues (as defined in the Public Improvements Reimbursement Agreements related to the Firelight development and the Union development), based upon revenue projections prepared for the Districts by a financial consultant or underwriter and utilized in connection with the sale of such bonds (which shall be submitted to the Town with the bond documents as described in Article V.b. of the Service Plan)). The total Regional Improvement Contribution is presently anticipated to be $10,539,840. The Districts and the Town hereby agree that the District Park (as defined in the Service Plan) that is contemplated to be constructed by the Districts, shall be considered a Regional Improvement for purposes of the Town regional public improvements requirement and, if constructed, shall satisfy all (if the total costs thereof equal or exceed 23% of the net bond proceeds as identified above) or a portion of the Districts' requirement. Such District Park and any additional regional improvements shall be specifically identified in an amendment to this Agreement which amendment shall be fully executed before the Districts incur any financial obligations of any kind. The Districts acknowledge and agree that the provisions of this Agreement and the provisions of the Service Plan for the regional public improvements are material considerations in, and conditions of, the Town's approval of the Districts' Service Plan, and that the Town has relied thereon in approving the Districts' Service Plan. Therefore, the Districts agree that they shall comply with the regional public improvements requirement. The Districts represent and warrant that the have obtained all voter authorizations necessary to implement such provisions of this Agreement and the Service Plan, and that they will exercise their powers in accordance with and in furtherance of such provisions. 7. CONSOLIDATION. With the exception of a consolidation between or among any of the Districts, the Districts shall not file a request with the District Court to consolidate with another district without the prior written approval of the Town. 8. DISSOLUTION. The Districts agree that they shall take all action necessary to dissolve the Districts upon payment or defeasance of the Districts' bonds, upon completion of any ongoing operation and maintenance responsibilities for the District Operated Improvements or otherwise upon the request of the Town, all as provided in the Service Plan. If prior to the issuance of any bonds or the incurrence of any financial obligations by the Districts, the Districts wish to dissolve in accordance with applicable law, the Town shall consent to such dissolution. 9. NOTICE OF MEETINGS. The Districts agree that they shall submit a copy of the written notice of every regular or special meeting and work session of the Districts' Boards of Directors to the Office of the Firestone Town Administrator, by mail, facsimile or hand delivery, to be received at least three days prior to such meeting. The Districts agree that they 1159.0301.331677-I shall also submit a complete copy of meeting packet materials for any such meeting to the Office of the Firestone Town Administrator, by mail, facsimile or hand delivery, to be received at least one day prior to such meeting. Upon the issuance of the first certificate of occupancy for a residential property, the Districts shall and agree to conduct any special or regular meetings of the Districts within the Town's limits. 10. ANNUAL REPORT; OTHER INFORMATION. The Districts shall be responsible for submitting to the Town an annual report pursuant to and as set forth in Article VII of the Service Plan. 11. ENTIRE AGREEMENT OF THE PARTIES. This written Agreement, together with the Service Plan, constitutes the entire agreement among the Parties and supersedes all prior written or oral agreements, negotiations, or representations and understandings of the Parties with respect to the subject matter contained herein. 12. AMENDMENT. This Agreement may be amended, modified, changed or terminated in whole or in part only by a written agreement duly authorized and executed by the Parties hereto. 13. ENFORCEMENT. The Parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. 14. VENUE. Venue for the trial of any action arising out of any dispute hereunder shall be in Weld County District Court. 15. BENEFICIARIES. Except as otherwise stated herein, this Agreement is intended to describe the rights and responsibilities of and between the named parties and is not intended to, and shall not be deemed to, confer any rights upon any persons or entities not named as parties. 16. EFFECT OF INVALIDITY. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not · cause the entire agreement to be terminated. Further, with respect to any portion so held invalid or unenforceable, the Districts and Town agree to take such actions as may be necessary to achieve to the greatest degree possible the intent of the affected portion. 17. ASSIGNABILITY. Other than as specifically provided for in this Agreement, neither the Town nor the Districts shall assign their rights or delegate their duties hereunder without the prior written consent of the other Party. 18. SUCCESSORS AND ASSIGNS. Subject to Paragraph 17 hereof, this Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 1159.0J0l.331677-1 19. COUNTERPART EXECUTION. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. [Remainder of page intentionally left blank]. 1159.0301.331677-1 HIGHWAY 119 METROPOLITAN DISTRICT NOS. lr6 By: r TOWN OF FIRESTONE By: Cl J ,J __ Its:· ATTEST: I 159.0J0IJJ1677-1 RESOLUTION NO. 08-s1:' A RESOLUTION APPROVING THE METRO DENVER HEALTH AND WELLNESS COMM:ISSION MEMORANDUM OF UNDERSTANDING PROMOTING COMMUNITY HEALTH AND WELLNESS, AND IDENFITYJNG PROGRAMS AND PROJECTS TO PROMOTE HEAL TH AND WELLNESS FOR THE FIRESTONE COM!vflJNITY WHEREAS, the Metro Mayors Caucus (Caucus), a collaborative of 37 mayors in the Denver metropolitan region, was formed to address issues of regional importance and scope; and WHEREAS, the Caucus was instrumental in the formation of the Metro Denver Health and Wellness Commission (MDHWC), an organization of public, private and nonprofit interests dedicated to making metro Denver the Nation's healthiest community; and WHEREAS, the MDHWC in its strategic plan identifies healthy communities as one of its three principal areas for action; and WHEREAS, the Caucus has drafted and discussed a memorandum of understanding regarding the policy, program and environment based steps cities and towns can take to promote the health of their employees and residents; and WHEREAS, the Board of Trustees finds it is in the best interests of the Town and its citizens to promote community health and wellness; and ~· WHEREAS, the Board of Trustees desires to approve Town participation in the MDHWC memorandum of understanding and identify programs and projects the Town intends to implement or participate in to promote health and wellness; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby approves Town part1c1pation in the MDHWC Memorandum of Understanding promoting community health and wellness, a copy of which Memorandum of Understanding accompanies this Resolution. The Mayor is hereby authorized to execute the Memorandum of Understanding on behalf of the Town of Firestone. Section 2. The Board of Trustees identifies the following as programs or projects that the Town intends to implement or participate in to promote community health and wellness in furtherance of the purposes of the Memorandum of Understanding: • Promoting citizen participation in community based health awareness and educational screenings, such as the 9HealthFair • Implementing elements of a worksite wellness program for our employees, such as; o Offering a weight loss and weight management support through our healthcare provider; o Participating in the Wellness Councils of America's "Healthy Workplace Awards Initiative" program; o Providing access to smoking cessation programs; o Developing and strongly promoting an annual Health Risk Assessment and/or wellness assessment program for employees; o Promoting walking and cycling as commuting options and break-time activities to our employees and when practical providing supportive facilities such as access to recreation centers, lockers, showers and bike racks; o Supporting a pedometer or fitness challenge among government departments or staff with incentives for participation such as massages, water bottles, new bike helmets, t-shirts, etc. • Hosting meetings that engage public health, planning and transportation officials to fostering collaboration and promote information sharing on best practices; • Incorporating language in the comprehensive, land use, transportation, and/or parks and recreation plans and regulations that implement policies to promote "active living environments" that enable people of all ages and abilities to obtain physical · activity as part of their daily routines. • Working with our parks departments, recreation districts and school districts to co- locate facilities within our communities in order to promote pedestrian and bicycle access; • Working with the Colorado Department of Transportation and with agencies, such as the Regional Transportation District and the Denver Regional Council of Governments, to promote pedestrian and cyclist connections to activity centers and rapid transit and to implement comprehensive complete streets and safe intersection design and redesign standards at both the local and state levels. INTRODUCED, READ, and ADOPTED this /0...U.. day of 9'4 , 2008. ATTEST: TOWN OF FIRESTONE, COLORADO Chad Auer Mayor RESOLUTION NO. 08-bO A RESOLUTION APPROVING AN AMENDED FINAL DEVELOPMENT PLAN FOR COMFORT SUITES WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of an amended final development plan for Comfort Suites to add a freestanding pole sign; and WHEREAS, all materials related to the proposed amended final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found, with conditions, to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WI-IEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed amended final development plan, and has forwarded to the Board of Trustees a recommendation of approval of such amended final development plan, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed amended final development plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed amended final development plan for Comfort Suites should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone does hereby approve the proposed amended final development plan for Comfort Suites, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. IJ\TRODUCED, READ AND ADOPTED this ;21./~ay of_0,,_/0_, --,,. __ 2008. (/ '------;! TOWN OF FIRESTONE, COLORADO ChadAuer 1 Mayor 1 ATTEST: 2 EXHIBIT A Amended Final Development Plan Conditions of Approval Comfort Suites I. Correct the Acceptance Block to read "FDP" rather than Administrative Amendment. 2. The sign height shall be reduced to a maximum height of fifty (50) feet. 3. This approval does not require construction of the sign. 7/24/2008 8: 16 PM[s51] S:\Firestone\Subdivisions\Confort Suites.FOP Amend (Signage).TB.res (FINAL) 3 RESOLUTION NO. 08-{o / A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR THE FIRESTONE CROSSING BUSINESS CENTER WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final development plan for the Firestone Crossing Business Center; and WHEREAS, all materials related to the proposed final development plan have been reviewed ·Jy Town Staff and the Firestone Planning and Zoning Commission and found, with conditions, to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed final development plan, and has forwarded to the Board of Trustees a recommendation of approval of such final development plan, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final development plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final development plan for the Firestone Crossing Business Center should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone does hereby approve the proposed final development plan for the Firestone Crossing Business Center, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. INTRODUCED, READ AND ADOPTED this :J ~day of n 2008. I TOWN OF FIRESTONE, COLORADO ChadAuer ' Mayor ATTEST: ~.z~~ own Clerk 2 " General EXHIBIT A Final Development Plan Conditions of Approval Firestone Crossing Business Center I. Modify documents pursuant to comments from the Town Engineer. 2. All easements described in the Title Commitment should be shown on the plans with the appropriate reception numbers. 3. Provide a site details map showing typical details for any of the following to be included in the FDP: fences; mechanical screening; benches; fountains; freestanding mailboxes; bus shelters; bike racks; trash receptacles, and sculptures. The courtyard site plan detail shall include pedestrian/gathering place amenities. Final details shall be subject to approval of the Town Planner. 4. Correct the Sheet Title in the Firestone Information Block on sheets 2-7. 5. Identify the surfacing for all streets, walkways, parking lots, and other paved areas. Also, distinguish the existing curb and gutter line work from the proposed curb and gutter line work. It would be preferable to use distinct shading or crosshatch symbols and to utilize a sheet legend on Sheets 2-7. 6. Provide a hydraulic analysis report. 7. Provide a drainage letter as required by the Town Engineer. 8. Prepare and dedicate the emergency service access easement over the parking areas, as required by the Town Engineer. 9. Prepare and dedicate additional easements for the water meters and the proposed fire hydrant, as required by the To\\n Engineer I 0. Add a preparation date of I 0-1-07 and subsequent revision dates to the Firestone Information Block on all sheets. FDP Sheet 1 11. Note the building suite numbers in the Address section. 12. Revise the Vicinity Map to show the lots created by the Firestone Crossing Overall Final Development Plan and to identify the Lot of proposed development. 13. In the Project Data section, identify actual building setback distances. 3 14. In the Water Dedication section, modify the CBT demand numbers pursuant to direction from the Town Engineer. 15. In the Water Dedication section, provide a water demand calculation table pursuant to direction from the Town Engineer. I 6. Remove the Design Standards section and in the Architecture section, provide specific architectural elements of the buildings being constructed with this FDP. 17. In the Overview of Operations section, remove the text", or as needed." 18. In the General Notes section, Note 7, correct "Kinder-Morgan" to "Source Gas". 19. Revise the Project Concept section to more fully describe the character and development concept of the FDP and how it incorporates the goals and objectives of the PUD. 20. In the Environmental Impact Mitigation section, reference the correct report. 21. Provide specific details regarding the Building Mounted Sign and any other on-site signage. Sheet2 22. Provide the building suite numbers on the address map. 23. Include existing and planned structures within 150 feet of the property. 24. Show proposed light fixtures including building mounted, if proposed. 25. Clarify the color of trash enclosure gate as this sheet provides conflicting information. 26. Improve graphic quality of information regarding monument sign as the text is too small to read and graphically poor. 27. Show all of the existing easements, etc. from the Firestone Crossing Filing No. I, Replat No. 2 on all sheets. 28. Confirm there is enough room for pedestrian movement around the entrance areas with cars parked in front of the entrance and overhanging the curb and gutter or modify plan to properly accommodate such movement. 29. Add missing FDP Site Plan requirements pursuant to the Regulations including: adjacent properties, structures and improvements, roadways, easements, setbacks, utilities, etc. Sheet 3 30. Verify that ADA handicap ramps will work in the locations shown. 31. Provide information about the design and drainage for the Courtyard. 4 32. Specify the location of the roof drain outlets so that drainage facilities are as required by the Town Engineer. 33. Confirm all existing tie-in elevations have been verified in·the field for the perimeter of the project including existing curb and gutter and grading facilities as required by the Town Engineer. 34. Verify that the existing storm sewer was sized to accept runoff from this site and if so, verify that runoff rates do not exceed the original design, as required by the Town Engineer. Sheet4 35. Revise the utility plan to show the proposed screening of all utilities. 36. Confirm that there is not enough room to place the vault within the median island without being under the curb and gutter, as required by the Town Engineer. 37. As required by the Town Engineer, note that each building shall have a separate tap from the main, each with its own meter. 38. Show the additional easements for the water meters and the proposed fire hydrant, as required by the Town Engineer 39. Relocate Fire Hydrant as required by the Town Engineer. 40. The proposed utilities need to specify the length, size, type of pipe and construction details, as required by the Town Engineer. 41. Provide a point of connection and details for an irrigation backflow preventer, as required by the Town Engineer. Sheet 5 42. Include a statement regarding general intent of the landscape plan, including such subjects as screening, berming, shade, privacy, wind control, and solar access. 43. Provide a landscaping phasing schedule. 44. Identify the type of sod to be used, the amount, and locations. 45. Provide details regarding the method, design, and layout of irrigation facilities. 46. Increase text size so that it is legible pursuant to the Firestone Development Regulations. 47. Utilize the ground cover symbols shown in the legend on the plan sheet so that ground cover and surfacing for all landscape areas is clearly identified. 48. In the Planning Notes section, Note 4, also note that no changes in plant material size are permitted. 5 49. In the Plant List, identify the size of all plant material shown. 50. Show all utilities, including the site lighting. 51. Revise to show all trees will be 10 feet from water and sewer lines and all shrubs will be 5 feet from water meter, etc. 52. Correct the numerous conflicts between trees and shrubs with utilities and signage. Sheet6 53. Remove the last note in the notes section "*Please see materials board -Colors subject to shading variation". 54. Provide information regarding height of parapet wall. Sheet 7 55. Provide a detail of the parking lot light fixture. The light fixture must match the height and style o: existing light fixtures in this development. Also, provide a detail of the building mounted lighting, if utilized. Other 56. Prepare a Stormwater Discharge Permit for the State as directed by the Town Engineer. 57. Submit plans to the St. Vrain Sanitation District and the Frederick-Firestone Fire Protection District. 58. Incorporate deeper natural colors for accent/interest. Submit final color board at Town Board hearing. 7/21/2008 10:20 AM [1113C] S:\Fafflone\Sulxlivisions\Fire:.toneCrossingBusinessCento-FDP.TB res.doc 6 RESOLUTION NO. Q_L~;;L A RESOLUTION APPROVING A GRANT CONTRACT BETWEEN THE TOWN OF FIRESTO~E AND THE DENVER REGIONAL COUNCIL OF GOVERNMENTS (CONTRACT NO. EX08070) WHEREAS, the Town of Firestone has applied for and been awarded a DRCOG Small Communities Technical Assistance Grant Program grant for $5,000 for funding the creation of a Town Parks Design Criteria Manual, subject to the execution of a grant contract; and WHEREAS, the Town desires to accept such grant and authorize execution of a grant contract for such funds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorizes the execution of a Grant Contract between th~ Town of Firestone and the Denver Regional Council of Governments for the DRCOG Small Conmunities Technical Assistance Grant Program grant awarded to the Town under Contract No. EX08070, in such form of Grant Contract as is required by the Denver Regional Council of Governments. Section 2. The Mayor is authorized to execute such Grant Contract on behalf of the Town, except that the Mayor is hereby further authorized to negotiate and approve such revisions to said Grant Contract as the Mayor determines are necessary or desiraqle for the protection of the Town, so long as the essential terms and conditions of the Grant Contract are not altered. Section 3. The Board of Trustees hereby authorizes the expenditure of funds as necessary t,) meet the terms and obligations of the Grant Contract and application. Section 4. This Resolution shall be in full force and effect from and after the date of its passage and approval. INTRODUCED, READ, AND ADOPTED this ;)_'-/'-J-,11 day of ~<'.'. , 2008. ATTEST: ~ ~~01~ Town Clerk 7/21/2008 I! :27 AM [mac] S:1Company\Firestone\Rcsolution\DRCOG2008Grant#EX08070.res.doc TOWN OF FIRESTONE, COLORADO cuJ_ Chad Auer 7 Mayor RESOLUTION NO. 0 %-{p.3 A RESOLUTION APPROVING A GRANT CONTRACT BETWEEN THE TOWN OF FIRESTONE AND THE STATE DEPARTMENT OF LOCAL AFFAIRS (GRANT# 6093) WHEREAS, the Town of Firestone has applied for and been awarded an Energy and Mineral Impact Assistance grant for $460,000 for funding of improvements to the Town's water system and storm drainage system, subject to the execution of a grant contract; and WHEREAS, the Town desires to accept such grant and authorize execution of a grant contract for such funds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorizes the execution of a Grant Contract between the Town of Firestone and the State Department of Local Affairs for the Energy and Mineral Impact Assistance grant awarded to the Town under EIAF #6093 by letter dated July 17, 2008, in such form of Grant Contract as is required by the State. Section 2. The Mayor is authorized to execute such Grant Contract on behalf of the Town, except that the Mayor is hereby further authorized to negotiate and approve such revisions to said Grant Contract as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Grant Contract are not altered. Section 3. The Board of Trustees hereby authorizes the expenditure of funds as necessary to meet the terms and obligations of the Grant Contract and application. Section 4. This Resolution shall be in full force and effect from and after the date of its passage and approval. INTRODUCED, READ, AND ADOPTED this ,) l../ 'r" day of ~ , 2008. TOWN OF FIRESTONE, COLORADO cu~ ChadAuer · Mayor ATTEST: . cl QJ_h ~ ~,oo d own Clerk 7/21/200& 11 :27 AMl[mac] S:\Company\Firestone\R.esolution\DOlA2008Grant#6093.res.doc RESOLUTION NO. 02-0 4 A RESOLUTION APPROVING A GRANT CONTRACT BETWEEN THE TOWN OF FIRESTONE AND THE STATE DEPARTMENT OF LOCAL AFFAIRS (GRANT# 6094) WHEREAS, the Town of Firestone has applied for and been awarded an Energy and Mineral Impact Assistance grant for $400,000 for funding of improvements in the Firestone Godding Hollow drainage basin, subject to the execution of a grant contract; and WHEREAS, the Town desires to accept such grant and authorize execution of a grant contract for such funds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: . Section 1. The Board of Trustees hereby authorizes the execution of a Grant Contract between the Town of Firestone and the State Department of Local Affairs for the Energy and Mineral impact Assistance grant awarded to the Town under EIAF #6094 by letter dated July 16, 2008, in such form of Grant Contract as is required by the State. Section 2. The Mayor is authorized to execute such Grant Contract on behalf of the Town, except that the Mayor is hereby further authorized to negotiate and approve such revisions to said Gra,1.t Contract as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Grant Contract are not altered. Section 3. The Board of Trustees hereby authorizes the expenditure of funds as necessary to meet the terms and obligations of the Grant Contract and application. Section 4. This Resolution shall be in full force and effect from and after the date of its passage and approval. . '/ii NTRODUCED, READ, AND ADOPTED this ;).l/ day of J=1 , 2008. ATTEST: d. fit::1;z,. ·r . ownOerk 7/2 l/2008 l I :27 AM [mac] S:\Company\Firestone\Resolution\OOLA2008Grant#6094.res.doc TOWN OF FIRES3f NE, COLORADO Cl) .1.l- Chad Auer Mayor RESOLUTION NO. fJ .. X.~ .. lJJS A RESOLUTION APPROVING A GRANT CONTRACT BETWEEN THE TOWN OF FIRESTONE AND THE STATE DEPARTMENT OF LOCAL AFFAIRS (GRANT# 6272) WHEREAS, the Town of Firestone has applied for and been awarded an Energy and Mineral Impact Assistance grant for $ I 00,000 for funding of the construction and installation of storm drainage improvements at the intersections of Firestone and Colorado Boulevards in the Town, subject to the execution of a grant contract; and WHEREAS, the Town desires to accept such grant and authorize execution of a grant contract for such funds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorizes the execution of a Grant Contract between the Town of Firestone and the State Department of Local Affairs for the Energy and Mineral Impact Assistance grant awarded to the Town under EIAF #6272 by letter dated July 14, 2008, in such form of Grant Contract as is required by the State. Section 2. The Mayor is authorized to execute such Grant Contract on behalf of the Town, except that the Mayor is hereby further authorized to negotiate and approve such revisions to said Grant Contract as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Grant Contract are not altered. Section 3. The Board of Trustees hereby authorizes the expenditure of funds as necessary to meet the terms and obligations of the Grant Contract and application. Section 4. This Resolution shall be in full force and effect from and after the date of its passage and approval. INTRODUCED, READ, AND ADOPTED this d-4 'i,h day of ~ , 2008. ATTEST: ~!'%!~ Town Clerk 7/2112008 11 :27 AM [mac] S:\Company\Firestone1Resolution\OOLA2008Grant#6272.res.doc TOWN OF FIRESTONE, COLORADO ew ~ Chad Auer Mayor I RESOLUTION NO. QX.::./ob A RESOLUTION APPROVING A GRANT CONTRACT BETWEEN THE TOWN OF FIRESTONE AND THE STATE DEPARTMENT OF LOCAL AFFAIRS (GRANT# 6273) WHEREAS, the Town of Firestone has applied for and been awarded an Energy and Mineral Impact Assistance grant for $135,000 for funding of the design of the town hall, administrative building for the Town, subject to the execution of a grant contract; and WHEREAS, the Town desires to accept such grant and authorize execution of a grant contract for such funds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorizes the execution of a Grant Contract between the Town of Firestone and the State Department of Local Affairs for the Energy and Mineral Impact Assistance grant awarded to the Town under EIAF #6273 by letter dated July 14, 2008, in such form of Grant Contract as is required by the State. Section 2. The Mayor is authorized to execute such Grant Contract on behalf of the Town, except that the Mayor is hereby further authorized to negotiate and approve such revisions to said Grant Contract as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Grant Contract are not altered. Section 3. The Board of Trustees hereby authorizes the expenditure of funds as necessary to meet the terms and obligations of the Grant Contract and application. Section 4. This Resolution shall be in full force and effect from and after the date of its passage and approval. INTRODUCED, READ, AND ADOPTED this ;;l. 1./ 4:ay of 0~ , 2008. . (/ TOWN OF FIRESTONE, COLORADO CLJ4-• Chad Auer Mayor ATTEST: [it:ttX-~~ Heg,; od Town Clerk 7/21/2008 I 1:27 AM 1mac] S:\Company\firestone\Rcsolution\OOIA2008Gran!#6273.res.doc RESOLUTION NO. Q2_-{p 1 A RESOLUTION SUPPORTING A LOCAL PARKS AND OUTDOOR RECREATION GRANT APPLICATION TO THE STATE BOARD OF GREAT OUTDOORS COLORADO FOR FUNDING OF THE FIRESTONE TRAILS CONNECTION PROJECT, AND AUTHORIZING EXPEDITURES IN CONNECTION THEREWITH WHEREAS, the Town of Firestone supports the grant application to the State Board of Great Outdoors Colorado for a Local Parks and Outdoor Recreation Grant for funding of the Firestone Trails Connection Project; and WHEREAS, the Town of Firestone supports completion of the Project in order to enhance connectivity of trail connections within the Town; and WHEREAS, the Town of Firestone has requested $200,000 from Great Outdoors Coloradn to undertake the construction of Project and has submitted a grant application in furtherac,ce of the Project; and WHEREAS, the Board of Trustees by this Resolution desires to confirm its support for the Project and authorize the expenditure of matching and other funds for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone strongly supports the application to the State Board of Great Outdoors Colorado for a Local Parks and Outdoor Recreation Grant for funding of the Firestone Trails Connection Project. Section 2. The Board of Trustees hereby authorizes the expenditure of $20,000 in matching funds for the grant, and hereby further authorizes the expenditure of such funds as necessary to meet the terms and obligations of any grant awarded. Section 3. This Resolution shall be in full force and effect from and after the date of its passage and approval. Section 4. This Board of Trustees of the Town of Firestone will upon completion thereof maintain the Firestone Trails Connection Project in a high quality condition. RNTRODUCED, READ AND ADOPTED this / L./'{J... day of ikrv.st-, 2008. V TOWN OF FIRESTONE, COLORADO Chad Auer Mayor ATTEST: ~~u own Cterk RESOLUTION NO. 0 8 -0 3 SERIES 2008 A RESOLUTION ORDERING A SPECIAL ELECTION TO BE HELD ON TUESDAY, SEPTEMBER 30, 2008 CONCERNING REFERENDUM PETITIONS PROTESTING THE EFFECT OF ORDINANCE NO. 678, AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE UNION ANNEXATION NO. 1 TO THE TOWN OF FIRESTONE, AND ORDINANCE NO. 679, AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE UNION ANNEXATION NO. 2 TO THE TOWN OF FIRESTONE AND SUBMITTING SAID MEASURES TO A VOTE OF THE REGISTERED ELECTORS OF THE TOWN OF FIRESTONE WHEREAS, the Town Clerk of the Town of Firestone has received a referendum petition protesting against the effect of Ordinance No. 678, An Ordinance Approving An Annexation Known As The Union Annexation No. 1 To The Town Of Firestone, Colorado; and WHEREAS, the Town Clerk of the Town of Firestone has also received a referendum petition protesting against the effect of Ordinance No. 679, An Ordinance Approving An Annexation Known As The Union Annexation No. 2 To The Town Of Firestone, Colorado; and WHEREAS, on July 11, 2008, the Town Clerk, acting pursuant to Section 31-11-109(2), C.R.S., issued a statement that the referendum petitions have a sufficient number of valid signatures; and WHEREAS, pursuant to Section 31-11-105(4), C.R.S., if upon reconsideration, Ordinances No. 678 and 679 are not repealed, the Board of Trustees shall submit the measures to a vote of the registered electors at a regular or special election held not less than sixty days and not more than one hundred fifty days after the final determination of petition sufficiency; and WHEREAS, the Board of Trustees has determined not to repeal said Ordinances and by this resolution intends to order a special municipal election to be held on Tuesday, September 30, 2008 to submit the measures to a vote of the registered electors; and WHEREAS, pursuant to the Firestone Municipal Code Section I. I 0.040 and Section 31- 11-l I I, C.R.S., the ballot titles shall hereafter fixed by the Board of Trustees or its designee as the Board shall by resolution determine; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. A special municipal election is hereby ordered to be held Tuesday, September 30, 2008 concerning referendum petitions protesting the effect of Ordinance No. 678, An Ordinance Approving An Annexation Known As The Union Annexation No. I To The Town Of Firestone, Colorado, and Ordinance No. 679, An Ordinance Approving An Annexation Known As The Union Annexation No. 2 To The Town of Firestone, Colorado, and said measures are hereby submitted to a vote of the registered electors at said election. 1 Section 2. The election shall· be conducted as a polling place election pursuant to the Colorado Municipal Election Code of 1965, as. amended, and other applicable law. Section 3.. The ballot titles for.said measures to appear on the ballot shall hereafter fixed by the Board of Trustees or by its designee .as the Board shall by resolution determine. Section 4. The Board of Trustees may submit additional ballot qu~stlons to appear on the ballot of the September 30,2008 special municipalelection by the adoption of an appropriate resolution or ordinance as required by law. Section 5. The officers and employees of the Town are hereby authorized and directed to take all .necessary and appropriate action to effectuate• the provisions of this resolution in accordance with Colorado law. PASSED AND ADOPTED this / ¢h day of A'3J-, 2008. C ~ .I l: A TIEST: Chad Auer~. Mayor l),.)00 I) 8/ I IIOS{mac ]S: Flrcs1one/Elct:1ionlUnionRclerendlJm,'Sr,ecialElcc;1ion.res 2 RESOLUTION NO. 08'-(gq SERIES2008 A RESOLUTION AUTHORIZING AND DESIGNATING THE TOWN MANAGER TO FIX THE BALLOT TITLES FOR EACH REFERENDUM TO APPEAR ON THE SEPTEMEBER, 30, 2008 SPECIAL ELECTION BALLOT WHEREAS, there was filed with the Town Clerk on June 13 and June 16, 2008, a referendum petition protesting against the effect of Ordinance No. 678, An Ordinance Approving An Annexation Known As The Union Annexation No. I To The Town Of Firestone, Colorado; and WHEREAS, there was also filed with the Town Clerk on June l3 and June 16, 2008, a referendum petition protesting against the effect of Ordinance No. 679, An Ordinance Approving An Annexation Known As The Union Annexation No. 2 To The Town of Firestone, Colorado; and WHEREAS, on July 11, 2008, the Town Clerk, acting pursuant to Section 31-11-109(2), C.R. S., issued a statement that the referendum petitions have a sufficient number of valid signatures; and WHEREAS, pursuant to Section 31-11-105(4), C.R.S., if upon reconsideration, Ordinances Nos. 678 and 679 are not repealed, the Board of Trustees shall submit the measures to a vote of the registered electors at a regular or special election held not less than .sixty days and not more than one hundred fifty days after the final determination of petition sufficiency; and WHEREAS, the Board of Trustees has determined not to repeal such Ordinances and by resolution has set a special election for the referenda for Tuesday, September 30, 2008; and WHEREAS, Section 31-11-105(4), C.R.S. and Section 1.10.040 of the Firestone Municipal Code provide that ballot titles for referenda shall be fixed by the Board of Trustees or its designee as the Board shall determine; and WHEREAS, the Board of Trustees by this Resolution desires to designate the Town Manager to fix the ballot titles for the referenda to appear on the September 30, 2008 special election ballot; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: . Section 1. The Town Manager, Cheri Andersen,. is hereby authorized and designated to fix the ballot titles for the referenda to appear on the September 30, 2008 election ballot, said referenda protesting the effect of Ordinance Nos. 678 and 679 approving annexations known as, respectively, the Union Annexation No. 1 and Union Annexation No. 2 to the Town of Firestone, Colorado. Said ballot titles shall be fixed at a public meeting at 10 a.m. on Tuesday, August 19, 2008, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, unless anotl1er time and date is designated by the Town Manager upon at least 24 hours notice posted in the same manner as notices of meetings of the Board of Trustees. Section 2. The ballot titles as so fii\ed by the. Town Manager shall be appear on the ballot of said special municipal election tb be held Tuesday; September 30, 2008. The ballot titles shall be fixed in accordance with the applicable requirements of the Firestone Muriicipa!Code and state law. Section 3. The Town Manager is authorized. to obtain the assistance of the Town Administrator, Town Clerk and Town Attorney in the Manager's fixing of the ballot title. Any protest concerning said ballot titles shall be conducted as provided in the.Firestone Municipal Code. Section 4. The Town Mariager arid appropriate officers of the Town are authorized and directed to take all action necessary or appropriate to effectual\: the provisions of this Resolution. PASSED AN)) ADOPTED this I ~~ day of4--'-">;F"'--'---'' 2008. 6k ATTEST: Chad Auer, Mayor 8/11108(ni:ic)S:Firmimdl:leaion/UnionRefc:r'tndu11VTownMana!i:erB:illotTitlc.rcs 2 RESOLUTION NO. 08-_j_[J_ A RESOLUTION REPEALING SUBSECTION B OF SECTION 1 OF RESOLUTION NO. 08-04 WHEREAS, Subsection B of Section 1 of Resolution No. 08-04 sets forth a policy statement regarding non-Town projects; and WHEREAS, the Board of Trustees desires to review on a case-by-case basis whether it is in the best interests of the Town and its residents for the Town to fund and/or take formal positions respecting undertakings of other groups and public entities, consistent with applicable laws; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection B of Section 1 of Resolution No. 08-04, which subsection is entitled "Non-Town Projects" is hereby repealed in its entirety. Such repeal shall not affect any other provisions of Resolution No. 08-04. INTRODUCED, READ, and ADOPTED this zg'/-Ji day of A-u(J"""--f , 2008. ATTEST: TOWN OF FIRESTONE, COLORADO cuL Chad Auer Mayor RESOLUTION NO. 0 g • 7 / A RESOLUTION APPROVING A RETAIL INFRASTRUCTURE FUNDING AGREEMENT WITH THF FIRESTONE DEVELOPMENT, L.L.C. AND TFD FIRESTONE CITY CENTRE PUBLIC IMPROVEMENT COMPANY; AUTHORIZING EXECUTION OF SUCH AGREEMENT; AND RATIFYING PRIOR ACTIONS WHEREAS, the Town of Firestone, Colorado (the "Town"), THF Firestone Development, L.L.C. ("TFD") and American Furniture Warehouse Co. previously entered into an Amended and Restated Public Improvements Reimbursement Agreement dated as ofJuly 31, 2006 (the "PIRA") to implement a cooperative funding agreement with respect to the funding of certain public improvements to be designed, installed and constructed in connection with an area of the Town known as "Firestone City Centre" and adjacent retail projects; and WHEREAS, subsequent to entering into the PIRA, certain changed circumstances have occurred which have had a material adverse effect on the parameters under which major national large format retailers are willing to open new stores, including but not limited to material changes in overall market conditions, project costs, housing starts, energy costs, debt markets pertinent to financing of retail development projects and similar factors; and WHEREAS, the foregoing circumstances have contributed to undesirable and unanticipated delays in large format retailers pursuing new store locations nationally and regionally, thereby frustrating the Town's economic development goals and increasing the costs of providing the infrastructure required to support and attract such retailers; and WHEREAS, the Town and TFD, along with TFD Firestone City Centre Public Improvement Company (the "City Centre PIC") desire to enter into a Retail Infrastructure Funding Agreement (the "RIF A") to encourage large format retail development to occur within Firestone City Centre at an earlier date than would otherwise occur given the changed conditions described above; and WHEREAS, the RIF A will advance the economic goals and objectives set forth in the PIRA; and WHEREAS, the RIF A will be a separate agreement that complements the PIRA, but will not amend or restate any provisions of the PIRA; and WHEREAS, the burdens and benefits of the RIFA will be specifically targeted to encourage large format retailers to locate within Firestone City Centre, and the RIF A contains provisions that assure that such burdens and benefits will remain in effect only if the desired acceleration in large format retail development is achieved in a timely manner; and WHEREAS, the form of the RIF A has been presented to the Board of Trustees of the Town (the "Board"); and I WHEREAS, the Board does not consider the proposed RIF A to represent a policy change of the Town, but rather views the proposed RIF A as a unique opportunity to stimulate economic activity within the Town for the benefit of the Town and its citizens during a time of challenging and unanticipated economic circumstance affecting the retail sector; and WHEREAS, the Board hereby finds that entering into the RIF A is consistent with and necessary to facilitate timely achievement of the Town's economic development goals and is in the best interest of the Town and its citizens. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The RIF A among the Town, TFD and the City Centre PIC, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference, is hereby approved. Section 2. The Mayor and Town Clerk are hereby authorized to execute and deliver the RIF A on behalf of the Town; provided, however, that the Mayor is hereby further granted the authority to negotiate and approve such revisions to the RIF A as the Mayor determines are necessary or desirable for the protection or best interests of the Town, so long as the essential terms and conditions of the RIF A are not altered. The execution of the RIF A by the Mayor and Town Clerk shall be conclusive evidence of the approval by the Board of the RIF A in accordance with the terms hereof and thereof. Section 3. The officers, employees and agents of the Town are.hereby authorized and directed to take all action necessary or appropriate to t;:ffectuate the provisions of the RIF A and the purposes of this resolution. Section 4. All action heretofore taken (not inconsistent with the provisions of this resolution) by the Board or the officers or agents of the Board or the Town relating to the RIF A is hereby ratified, approved and confirmed. ..µ INTRODUCED, READ, and ADOPTED this.2l_ day of August, 2008. TOWN OF FIRESTONE, COLORADO [SEAL] Chad Auer )L Mayor Attest: 2 EXHIBIT A (Attach Retail Infrastructure Funding Agreement) 871799.1 3 When recocded. return to: Otten. Joru:.son, Robinson, Neff & Ragonetti, P.C. Attn: Munsey L. Ayers, Esq. 950 I 7th Street, Suite 1600 Denver, Colorado 80202 11111111111111111111111111111111111111I Ill 1111111111111 [] CO PY 35n147 09/09/2008 11:28A Weld County co 1 of 29 R 146.00 D 0.00 Steve Moreno Clerk & Recorder FIRESTONE CITY CENTRE RETAIL INFRASTRUCTURE FUNDING AGREEMENT ' I THIS FIRESTONE CITY CENTRE RETAIL INFRASTRUCTURE FUNDING AGREEMENT (this "RIFA") is made as of the 4th day of September, 2008 ("Effective Date"), by and b~tween the TOWN OF FIRESTONE, COLORADO, a municipal corporation of the State of Colorado ("Town"); THF FIRESTONE DEVELOPMENT, L.L.C., a Missouri limited liability c::impany ("TFD"); and TFD FIRESTONE CITY CENTRE PUBLIC IMPROVEMENT COMP ANY, a Colorado nonprofit corporation ("City Centre PIC"). ( RECITALS This RIF A is made with reference to the following facts: A. thisRIFA. Capitalized terms used in this RIF A have the meanings set forth in Appendix A of B. The Town and TFD, together with certain additional parties, previously have entered into the PIRA, which provides a mechanism for implementation of a cooperative funding agreement with respect to the funding of certain public improvements to be designed, installed and constructed in connection with Firestone City Centre and adjacent retail projects. C. Subsequent to entering into the PIRA, certain changed circumstances have occurred which have had a material adverse effect on the parameters under which major national large format retailers are willing to consider opening of new stores, including but not limited to material changes in overall market conditions, project costs, housing starts, energy costs, debt markets pertinent to financing of retail development projects and similar factors. D. The foregoing circumstances have contributed to undesirable and unanticipated delays in large format retailers pursuing new store locations nationally and regionally, thereby frustrating the City's economic development goals and increasing the costs of providing the infrastructure required to support and attract such users. E. It is in the Parties' mutual interests to undertake the obligations and commitments set forth in this RIF A in order to advance the purposes of the PIRA by supplementing the PIRA, subject to the terms and conditions of this RIF A, in order to encourage large format retail development to occur within Firestone City Centre at an earlier date than otherwise would occur -----given-fue4anged-eenditions--deseribed-herein;-provided~however,the-Parties-intend-that-thi; .. ~ ---- RIF A constitute a stand alone agreement rather than an amendment of the PIRA in order to assure that the burdens and benefits of this RIF A are specifically targeted to achieve the purposes for which the Parties are entering into this RIF A and to further assure that such burdens and 845643.7 I llllll 111111111111111 lllll 111111111111111 1111111111111 357'1147 09/09/2008 11:28A Weld County, CO 2 of 29 R 146.00 D 0.00 Steve Moreno Clerk & Recorder benefits will remain in effect only if the desired acceleration in large. format retail development is achieved in a timely manner. F. The Board has determined that entering into this RIF A is consistent with and necessary to facilitate timely achievement of the Town's economic development goals and to otherwise promote the best interests of the Town and its citizens. G. The Board considers this RIFA to represent a prudent implementation of existing Town policies, and views this RIF A as a unique opportunity to stimulate economic activity within the Town for the benefit of the Town and its citizens during a time of challenging and unanticipated economic circumstances affecting the retail sector. H. TFD has analyzed the impacts to Firestone City Centre of imposing the additional burdens contemplated by this RIFA, has consulted with representatives of national large format retailers regarding the balance of burdens and benefits created by this RIF A, and has a reasonable. belief that subjecting Firestone City Centre to this RIF A will have the effect of accelerating the timing of large format retail development within Firestone City Centre by enabling City Centre PIC to undertake certain costs of public infrastructure improvements and other obligations that otherwise would not be achievable in the near term. AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements of the Parties as more particularly set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby covenant and agree as follows: ARTICLE I REIMBURSEMENT OF ELIGIBLE COSTS Section 1.01 Offset RTF Revenues. In consideration of TFD's agreement to impose the Offset RTF on Taxable Transactions (including Construction Activities) pursuant to the RTF Covenant, and in further consideration of TFD's and City Centre PI C's agreement to utilize the Offset RTF Revenues solely to fund Eligible Costs as set forth in this RIF A, the Town will grant a Sales/Use Tax Credit to retailers and building permit applicants who are subject to and actually remit the Offset RTF during the Offset Period in accordance with the terms and conditions of this RIFA and the RTF Covenant. · · Section 1.02 Implementation of Sales/Use Tax Credit; Condition Precedent to Effectiveness of Agreement. (a) Approval of Sales/Use Tax Credit Ordinance. In connection with the PIRA, the Board previously amended its Code provisions regarding municipal sales tax ·--'-----------,,rd·municipal-use tax in order to implement a credit against Town sales taxes and Town use taxes on building materials in an amount equivalent to Credit PIF Revenues ( as defined in the PIRA) imposed and collected pursuant to the PIRA. As a condition precedent to the effectiveness of this RIF A, the Board will, concurrently with approving this RIFA or within sixty (60) days thereafter, approve an ordinance amending the Code 845643.7 2 1111111 111111111111111 lllll 111111111111111 1111111111111 · 3577147 109/09/2008 11:28A Weld County, CO 3 of 29 R 146.00 D 0.00 Steve Moreno Clerk & Recorder 845643.7 provisions described above to implement the Sales/Use Tax Credit by providing that each person or entity otherwise liable to the Town for sales taxes or use taxes ( on building materials only) under the Code with respect to Taxable Transactions (including Construction Activitie_s) occurring within Firestone City Centre will, during the Offset Period, receive a credit (i.e., the Sales/Use Tax Credit) against such Town use tax rate ( on building materials only) and/or Town sales tax rate obligation in an amount equal to th~ following: (1) For the duration of the Offset Period, but subject to increase during the PIRA Gap Period as described below (with such rate thereafter remaining as set forth herein), and to the extent the Offset RTF Revenues are collected and received by the RTF Collecting Agent/Trustee, a credit (in addition to any credit then applicable under the terms and conditions of the PIRA) in an amount equal to the Offset RTF Revenues generated from an Offset RTF rate of0.25%; and (2) For the duration of the PIRA Gap Period, and to the extent the Offset RTF Revenues are collected and received by the RTF Collecting Agent/Trustee, an additional credit (in addition to any credit then applicable under the terms and conditions of Section 4.13 of the PIRA, if applicable, and in addition to the 0.25% rate established pursuant to Section 1.02(a)(l) above) in an amount equal to the Offset RTF Revenues generated from an Offset RTF rate of 1.25% ( e.g., in combination with the rate established pursuant to Section 1.02(a)(l) above, an aggregate rate of 1.5% during the PIRA Gap Period, with such rate reducing back to 0.25% after expiration of the PIRA Gap Period for any then-remaining duration of the Offset Period in accordance with Section 1.02(a)(l) above). In order to establish and document the duration of the PIRA Gap Period, the Town, TFD and City Centre PIC will execute a written instrument, in the form attached as Appendix C of this RIF A, documenting the Parties' mutually agreed upon commencement and duration of the PIRA Gap Period, such instrument to be executed as contemporaneously as possible with commencement of the Offset Period. Such Sales/Use Tax Credit will take effect automatically and immediately upon the applicable retailer's (as reflected on the retailer's periodic sales tax report) receipt of the Offset RTF Revenues at the point of sale for each Taxable Transaction or building permit applicant's remittance to and receipt by the RTF Collecting Agent/Trustee of the Offset RTF Revenues; provided, however, that the collecting retailer and/or applicable building permit applicant will remain liable to the Town for payment of the amount of credited sa'.es tax and/or credited use tax, as applicable, unless and until such retailer and/or building permit applicant remits the equivalent amount of Offset RTF Revenue to the RTF Collecting Agent/Trustee as provided herein. The transactions and payments supporting the Sales/Use Tax Credit for any given period will nevertheless be subject to audit by the Town (or its designee) to the same extent, for the same limitations periods and in the same manner as the items which are required to be reported on the taxpayer's return relating to the period in which the transaction occurs. If the Board fails to adopt the ordinance contemplated in this Section 1.02(a) within sixty (60) days of the date on which the Board approves this RIF A, the Parties may extend the period for satisfaction of 3 1111111 111111111111111 lllll 111111111111111 1111111111111 3577147 09/09/2008 11:28A Weld County, CO 4 of 29 R 146.00 D 0.00 Steve Moreno Clerk & Recorder the foregoing contingency to a date certain set forth in a written notice of extension; provided, however, that this RIP A will not be legally effective unless and until the Board has granted its final approval of the ordinance implementing the Sales/Use Tax Credit as ·contemplated in this RIPA and such approval has become legally effective upon expiration of any applicable referendum and/or C.R.C.P. 106(a)(4) challenge periods. (b) Rate of RTF. Pursuant to its authority under the RTF Covenant, for the duation of the Offset Period, TFD will set the rate of the RTF as follows: · (1) Subject to increase during the PIRA Gap Period. as described below, at a cumulative rate of one and twenty-five one-hundredths percent (1.25%) as applied to Taxable Transactions (including Construction Activities), with such rate comprised of: (A) an Offset RTF rate of 0.25%; and (B) a Supplemental RTF rate of 1.0%; and (2) For the duration of the PIRA Gap Period (upon expiration of the PIRA Gap Period, the cumulative rate will reduce back to 1.25%, as described in Section 1.02(b )(1) above, for any then-remaining duration of the Offset Period), at a cumulative rate of two and five-tenths percent (2.5%), with such rate comprised of: (A) an Offset RTF rate of 1.5% (e.g., the 0.25% rate contemplated in Section l.02(b)(l) above plus an additional rate of 1.25% during the PIRA Gap Period); and (B) a Supplemental RTF rate of 1.0%. Except as provided in Section 1.13, upon expiration of the Offset Period, the Offset RTF will automatically terminate and TFD will no longer impose such Offset RTF. Upon the expiration of the Offset Period, TFD, in its sole discretion, may elect, from time to time, either to terminate, reduce the rate of, or continue the Supplemental RTF at the same rate. Such RTF rates will be distinct, separate from and in addition to any Credit PIF and/or Add-On PIF rates (as defined in the PIRA) imposed pursuant to the PIRA. The RTF CJllecting Agent/Trustee will account for and disburse all Offset RTF Revenues separately from any Supplemental RTF Revenues, Credit PIF Revenues and/or Add-On PIF Revenues as more particularly described in Section 1.06 of this RIPA and in the RTF G:>llection Services and Trustee Agreement. Section 1.03 Duration of Offset Period. The Offset Period will commence on the later to occur of (i) the date that the Sales/Use Tax Credit becomes effective, or (ii) the date on which the initial Taxable Transaction resulting from a retail sales transaction occurs with respect to a single large format retail use having a gross square footage of 80,000 square feet or larger within Firestone City Centre, and will continue, unless such period is extended as provided in Section 1.12 of this RIPA, until the earlier of: (A) disbursement of RTF Revenues (e.g., both Offset RTF Revenues and Supplemental RTF Revenues) in an amount equal to the RTF Cap; or (B) the 845643.7 4 1111111 111111111111111 11111111111111111 Ill 1111111111111 3517147 09/09/2008 11:28A Weld County, CO 5 of 29 R 146.00 D 0.00 Steve Moreno Clerk & Recorder twentieth (20th ) anniversary of the commencement date. Upon expiration of the Offset Period, and except as otherwise set forth in Section 1. 13 of this RIF A, the Sales/Use Tax Credit will terminate with respect to all Taxable Transactions occurring within Firestone City Centre and the Offset RTF will terminate. Any RTF Revenues then remaining on deposit with the RTF Collecting Agent/Trustee, or subsequently remitted by the RTF Collecting Agent/Trustee with respect to Taxable Transactions occurring prior to expiration of the Offset Period, will be disposed of pursuant to Section 1.05 of this RIF A. Notwithstanding expiration of the Offset Period, all RTF Revenues generated from Taxable Transactions occurring before expiration of the Offset Period will continue to be collected by the RTF Collecting Agent/Trustee and remitted to City Centre PIC as otherwise provided in this RIFA and the RTF Collection Services and Trustee Agreement. Section 1.04 Absolute Condition Precedent. Notwithstanding any other provision of this RIF A, it is an absolute condition precedent to the implementation of the Offset RTF, the collection of Offset RTF Revenues, and the implementation of the Sales/Use Tax Credit as applied to Offset RTF Revenues that a single user large format retail use occupying at least an 80,000 square foot retail structure within Firestone City Centre has generated an initial Taxable Transaction resulting from a retail sales transaction ( as distinguished from a Taxable Transaction resulting from Construction Activity) on or before December 31, 2009; provided, however, that the foregoing date shall be automatically extended for the period of any delay resulting from strikes, lockouts, earthquakes, floods, unavailability of materials or customary facilities, equipment or supplie~, governmental building moratoriums, governmental or administrative action or inaction, acts of terror, riot, insurrection, inclement weather, mob violence or civil commotion, war, acts of God or acts beyond the reasonable control of City Centre PIC, TFD and/or the retailer constructing and/or occupying such retail structure; provided further, however, in no event will such date be extended beyond March 31, 2010. If the foregoing condition precedent is not timely satisfied, or is not waived or extended by the Town in writing, this RIF A will terminate and be of no further force or effect, and no Party will thereafter have any rights, obligations or liabilities under this RIF A except to the extent other provisions of this RIF A expressly provide for survival beyond termination. Such termination will occur automatically and without the need for notice to or further action by any Party. Section 1.05 Disposition of Funds Upon Expiration of the Offset Period. Upon expiration of the Offset Period as provided in Section 1.03 of this RIF A, if there are RTF Revenues remaining on deposit with the RTF Collecting Agent/Trustee, the. RTF Collecting Agent/Trustee will disburse the funds in the following priority: (a) to the extent that the RTF Cap has not been reached and City Centre PIC and/or TFD has incurred or will be incurring costs for which the RTF Collecting Agent/Trustee has not disbursed RTF Revenues (including principal and Accrued Interest advanced by TFD pursuant to a reimbursement agreement with City Centre PIC), the RTF Collecting Agent/Trustee will hold the RTF Revenues until City Centre PIC and/or TFD have been fully reimbursed pursuant to the terms and conditions of this RIFA or there are no remaining RTF Revenues on deposit with the RTF Collecting Agent/Trustee; and then (b) after TFD and/or City Centre PIC have been fully reimbursed up to the RTF Cap as provided in this RIFA, and to the extent there are RTF Revenues then remaining on deposit with the RTF Collecting Agent/Trustee: (I) with respect to any excess Offset RTF Revenues, the RTF Collecting Agent/Trustee will disburse such funds to the Town; and (II) with respect any excess Supplemental RTF Revenues, the RTF Collecting Agent/Trustee will retain 845643.7 5 1111111 111111111111111 11111111111111111 Ill 1111111111111 3577147 09/09/2008 11:28A Weld County, CO 6 of 29 R 146.00 D 0.00 Steve Moreno Clerk & Recorder such funds (and ifTFD continues to impose the Supplemental RTF after expiration of the Offset Period, the RTF Collecting Agent will continue to collect such revenues) for disbursement and utilization by City Centre PIC or as otherwise directed in accordance with the terms and conditions of the RTF Covenant and the RTF Collection Services and Trustee Agreement. Section 1.06 Responsibilities of RTF Collecting Agent/Trustee. Pursuant to an RTF Collection Services and Trustee Agreement and as more fully set forth therein, City Centre PIC and TFD will engage an RTF Collecting Agent/Trustee to collect, disburse and account for the RTF Revenues as generally described below. The Town will have the right to approve the form of the RTF Collection Services and Trustee Agreement prior to its execution by TFD, City Centre PIC and the Collection Agent/Trustee. (a) Collection of RTF Revenues. The RTF Covenant will designate City Centre PIC as the RTF Collecting Agent (as defined in the RTF Covenant) during the Offset Period ( and may continue such relationship after expiration of the Offset Period with respect to Supplemental RTF Revenues, if applicable). As more particularly set forth in an RTF Collection Services and Trustee Agreement to be executed after the Town's adoption of the Sales/Use Tax Credit ordinance amendment as contemplated in Section l.02(a) of this RIFA and prior to commencement of the Offset Period, City Centre PIC will designate an RTF Collecting Agent/Trustee during the Offset Period to receive the RTF Revenues on behalf of City Centre PIC, to collect the RTF Revenues from retailers and persons engaged in Construction Activities within Firestone City Centre, and to disburse the RTF Revenues as provided in the RIFA and the RTF Collection Services and Trustee Agreement. The Town will coordinate with City Centre PIC, TFD and the State of Colorado Department of Revenue with respect to utilization of and any necessary modifications to the sales tax reporting forms for reporting with respect to the Taxable Transactions by all retailers within Firestone City Centre during the Offset Period. During the Offset Period, the Town also will coordinate and cooperate with City Centre PIC and TFD to monitor and verify, to the extent possible, that if a retailer has taken a Sales Tax Credit on a Taxable Transaction subject to the Town's sales tax, the retailer has remitted the corresponding Offset RTF Revenues to the RTF Collecting Agent/Trustee, and that such retailer also has collected and remitted the Supplemental RTF Revenues to the RTF Collecting Agent/Trustee. During the Offset Period, the Town also will coordinate with City Centre PIC and TFD with respect to verifying that persons engaged in Construction Activities within Firestone City Centre · have paid the applicable Offset RTF Revenues and Supplemental RTF Revenues to the RTF Collecting Agent/Trustee in the appropriate amount prior to issuance of a building permit by the Town. City Centre PIC will reimburse the Town for its reasonable costs incurred in coordinating with City Centre PIC, TFD and the Department of Revenue with respect to implementation, verification and monitoring of the RTF, and the RTF Collecting Agent/Trustee's collection and disbursement of the RTF Revenues, but will not utilize Offset RTF Revenues in making such reimbursement. 845643.7 (b) Trustee Functions With Respect to RTF Revenues. The RTF Collection Services and Trustee Agreement will include, without limitation, the following minimum provisions relating to the Offset RTF Revenues: 6 1111111 111111111111111 11111111111111111 Ill 111111111 1111 , 3577147 09/09/2008 11:28A Weld County, CO 7 of 29 R 146.00 D 0.00 Steve Moreno Clerk & Recorder 845643.7 (1) The RTF Collecting Agent/Trustee will receive all RTF Revenues collected and remitted by retailers and persons engaged in Construction Activities within Firestone City Centre. (2) . The RTF Collecting Agent/Trustee will hold all Offset RTF Revenues in a segregated account. (3) The RTF Collecting Agent/Trustee will hold all Supplemental RTF Revenues in a segregated account. (4) The RTF Collecting Agent/Trustee will invest the RTF Revenues as directed by City Centre PIC and in accordanci; with applicable law. · (5) The RTF Collecting Agent/Trustee will keep accurate books and records of all deposits of Offset RTF Revenues, including investment earnings thereon, and all disbursements of Offset RTF Revenues as provided in Section 1.06(b)(8) of this RIFA, which books and records will be available for inspection and audit (pursuant to Section 2.01 of this RIFA) during regular business hours by TFD, City Centre PIC and the Town at the sole cost and expense ofTFD. (6) The RTF Collecting Agent/Trustee will keep accurate books and records of all deposits of Supplemental RTF Revenues, including investment earnings thereon, and all disbursements of Supplemental RTF Revenues as provided in Section 1.06(b )(8) of this RIF A, which books and records will be available for inspection and audit (pursuant to Section 2.01 of this RIFA) during regular business hours by TFD, City Centre PIC and the Town at the sole cost and· expense ofTFD. (7) Within thirty (30) days after the last day of the immediately preceding calendar quarter, the RTF Collecting Agent/Trustee will provide unaudited quarterly reports of all Offset RTF Revenues and all Supplemental RTF Revenues received and/or disbursed in the immediately preceding calendar quarter, at City Centre PIC's cost (not to be paid from Offset RTF Revenues), to the Town and City Centre PIC, which report will contain all information referenced in Section 1.06(b)(5) and Section 1.06(b)(6) above. (8) Upon receipt of the requisite certifications of costs as provided in Section 1.08 of this RIFA, and subject to the RTF Cap, the RTF Collecting Agent/Trustee will remit to City Centre PIC the appropriate reimbursement amount for Eligible Costs from available Offset RTF Revenues on deposit with the RTF Collecting Agent/Trustee, and will remit to City Centre PIC the appropriate reimbursement amount for other costs permitted under this PIRA from available Supplemental RTF Revenues on deposit with the RTF Collecting Agent/Trustee. (9) Upon expiration of the Offset Period, the RTF Collecting Agent/Trustee will disburse any remaining RTF Revenues as provided in Section 1.05 of this RIFA. 7 1111111 111111.111111111 11111111111111111 Ill 1111111111111 35n147 09/00/2008 11 :28A Weld County, co 8 of 29 R 146.00 D 0.00 Steve Moreno Clerk & Recorder (10) City Centre PIC will pay all fees and expenses owed to the RTF Collecting Agent/Trustee for its services pursuant to the RTF Collection Services and Trustee Agreement. Such fees and expenses will not be paid from Offset RTF Revenues. (c) Disbursement of Offset RTF Revenues. The RTF Collecting Agent/Trustee will be required to maintain an accounting of the amount of Eligible Costs, including Accrued Interest thereon, that have been expended or incurred (based solely on the certifications submitted to the RTF Collecting Agent/Trustee by City Centre PIC pursuant to Section 1.08 of this RIFA), together with an updated balance of the amount of Offset RTF Revenues remitted in reimbursement of Eligible Costs and the amount of Supplemental RTF Revenues remitted in reimbursement of permitted costs under the RTF Covenant, and an updated balance of the principal balance available under the RTF Cap for reimbursement. (d) Post-Offset Period Supplemental RTF Revenues. City Centre PIC will be the collecting agent for Supplemental RTF Revenues generated from Taxable Transactions (and such other transactions, if any, as are made subject to the Supplemental RTF pursuant to the RTF Covenant) occurring within Firestone City Centre. Pursuant to the RTF Collection Services and Trustee Agreement, City Centre PIC may designate the_ RTF Collecting Agent/Trustee to receive City Centre PIC's Supplemental RTF Revenues · to the extent the Supplemental RTF is imposed after expiration of the Offset Period, and to remit such post-Offset Period Supplemental RTF Revenues to City Centre PIC in accordance with the terms and conditions of the RTF Covenant. Collection and utilization of such post-Offset Period Supplemental RTF Revenues, if any, will be administered pursuant to the terms and conditions of the RTF Covenant and, to the extent applicable, the RTF Collection Services and Trustee Agreement. Section 1.07 Use of RTF Revenues. During the Offset Period, City Centre PIC will use the Offset RTF Revenues only for principal retirement, Accrued Interest and cash disbursements for Eligible Costs, which may include servicing debt instruments of City Centre PIC and/or reimbursement of principal and Accrued Interest on sums advanced by TFD for Eligible Costs not exceeding the RTF Cap. During the Offset Period (and thereafter, if applicable), the Supplemental RTF Revenues may be used for any purpose authorized by the RTF Covenant, including but not limited to Eligible Costs. During the Offset Period, all RTF Revenues will count against the RTF Cap. Section 1.08 Certification of Costs; Documentation of PIRA Gap Period. During the Offset Period, all disbursements of RTF Revenues by the RTF Collecting Agent/Trustee will be made to City Centre PIC in reimbursement of: (i) with respect to Offset RTF Revenues, Eligible Costs (including reimbursements for Eligible Costs to TFD for principal advanced and Accrued Interest thereon pursuant to reimbursement agreements executed by such Parties); and (ii) with respect to Supplemental RTF Revenues, any costs permitted pursuant to Section 1.07 of this RIFA. All such disbursements will be made subject to the terms of the RTF Collection Services and Trustee Agreement and this RIF A, including, without limitation, the terms and conditions of this Section 1.08. As City Centre PIC incurs Eligible Costs (including reimbursement obligations to TFD for Eligible Costs incurred and advanced by TFD pursuant to the reimbursement agreements between City Centre PIC and TFD), and as a condition precedent 845643.7 8 ·1111111 11111 1111111111 11111111111111111 Ill 1111111111111 35TT147 09/09/2008 11:28A Weld County CO 9 of 29 R 146.00 D 0.00 Steve Moreno Clerk & Recorder to the RTF Collecting Agent/Trustee's disbursement of Offset RTF Revenues in reimbursement therefor, City Centre PIC will deliver to the RTF Collecting Agent/Trustee, with a copy thereof to the· Town Finance Director, a certificate from a licensed and registered Colorado civil engineer, certifying the actual amount of Eligible Costs for which reimbursement is being requested, together with a certification of the total amount of Eligible Costs for which City Centre PIC has previously received reimbursement. Such certificates will also include requests for disbursement of Supplemental RTF Revenues for costs permitted pursuant to Section 1.07 of this RIFA. The certificate will be countersigned by an officer of City Centre PIC and/or TFD (with respect to funds advanced by TFD on behalf of City Centre PIC pursuant to a reimbursement agreement between such Parties) representing that all such costs have actually been incurred and are qualifying costs for reimbursement from RTF Revenues under this RIF A. Section 1.09 Limitation of RTF Cap and Offset Period. To the extent the aggregate total of the Eligible Costs incurred exceeds the RTF Cap, the Town will have no obligation to continue the Sales/Use Tax Credit or to reimburse City Centre PIC (and/or TFD) for such excess costs; provided, however, that TFD and/or City Centre PIC may utilize Supplemental RTF Revenues to pay for such excess costs, in addition to utilizing Supplemental RTF Revenues for any other purposes allowed under the RTF Covenant (including, but not limited to, payment of costs incurred by the RTF Collecting Agent/Trustee for its services under the RTF Collection Services and Trustee Agreement and/or for audits of the RTF Collecting Agent/Trustee's records). Unless terminated earlier pursuant to Section 1.12 of this RIFA or extended pursuant to Section I. 13 of this RIF A, the Sales/Use Tax Credit will terminate upon the expiration of the Offset Period. The Town, TFD and City Centre PIC acknowledge that the generation of sales and use tax revenues is entirely dependent upon the success of Firestone City Centre, and agree that no Party is in any way responsible to any other Party, or to any third party, for the amount of RTF Revenues and/or sales and use tax revenues actually generated. Section 1.10 Limitations on Offset RTF Revenues and Commencement of Accrued Interest. During the Offset Period, the Offset RTF Revenues will be applied toward Eligible Costs, and the Supplemental RTF Revenues will be applied as otherwise provided in this RIFA. After City Centre PIC has received reimbursement in an amount equal to the RTF Cap, City Centre PIC and TFD will receive no further Offset RTF Revenues. Accrued Interest on the unpaid principal balance of Eligible Costs for particular City Centre_ Improvements will begin to accrue on the date the Town issues its conditional acceptance letter accepting a corresponding Town-approved phase of the City Centre Improvements as determined by reference to the applicable SIA for any site within Firestone City Centre. Section 1.11 Annual Appropriation. Nothing in this RIFA is intended to nor will be construed to create any multiple-fiscal year direct or indirect debt or financial obligation on the part of the Town within the meaning of the Constitution or laws of the State of Colorado. To the extent that any of the Town's obligations under this RIFA are declared by a court of competent jurisdiction to constitute an invalid multiple-fiscal year financial obligation pursuant to Article X, Section 20 of the Colorado Constitution such that the performance of the Town's obligations is thereby prevented or made subject to annual appropriation and it is not possible to reform this RIFA in such a manner as to bring the Town's performance of its obligation outside the scope of a multiple-fiscal year obligation pursuant to Article X, Section 20 of the Colorado Constitution or make the Town's performance of its obligations possible or not subject to annual 845643.7 9 · 1111111 111111111111111 IIIII IIIIIII IIIII Ill llllll Ill llll 3577147 09/09/2008 11:28A Weld County, CO 10 of 29 R 146.00 D 0.00 Steve Moreno Clerk & Recorder appropriation, the Town's perfonnance will be conditioned upon annual appropriation by the Board, in its sole discretion. To the extent such obligations are detennined to be subject to annual appropriation, the official or employee charged with the responsibility of fonnulating the budget proposals is hereby directed to include in the budget proposals for each year sufficient funds to meet the Town's obligations under this RIFA. Section 1.12 Acknowledgement of Town's Legislative Discretion. This Agreement will not be construed to limit the Town's legislative discretion to reduce the rate of or eliminate the Sales/Use Tax Credit, and any such action will not constitute a breach of or an event of default under this RIF A. Section 1.13 · Post-Offset Period. If the Town detennines after expiration of the Offset Period that tennination of the Sales/Use Tax Credit may be precluded by or require a refund under Article X, Section 20 of the Colorado Constitution, the Town may submit a written request that TFD continue to impose the Offset RTF at a the same rate or such lower rate as the Town may direct from time to time, and that City Centre PIC continue to collect and remit the Offset RTF Revenues to the Town or as otherwise directed by the Town in writing, in which case the Sales/Use Tax Credit will continue at a rate equivalent to the Offset RTF rate. The Town's written request must be delivered at least 90 days prior to expiration of the Offset Period. Upon timely receipt of the request, TFD will continue to impose the Offset RTF (at the rate requested by the City) and City Centre PIC will continue to collect the Offset RTF Revenues, pursuant to the tenns of such written request of the Town, the RTF Covenant and this RIF A, for so long as the Town continues the Sales/Use Tax Credit in effect at a rate equivalent to the Offset RTF rate, and City Centre PIC will cause all such Offset RTF Revenues actually collected, less its actual direct and indirect costs and expenses incurred in collecting such Offset RTF Revenues, to be remitted to the Town (or otherwise expended for the benefit of the Town as directed by the Town in writing from time to time) on a quarterly basis in arrears (i.e., funds for the prior quarter will be remitted at the end of the subsequent quarter). ARTICLE II AUDIT PROVISIONS Section 2.01 Audits. The following audit provisions will apply with respect to RTF Revenues generated from Taxable Transactions occurring during the Offset Period. The RTF Collecting Agent/Trustee will prepare and deliver to the Parties no later than the last business day of the first quarter of each calendar year during the tenn of the RTF Collection Services and Trustee Agreement an unaudited accounting of the RTF Revenues (with separate accountings for Offset RTF Revenues and Supplemental RTF Revenues) received and disbursed in the prior calendar year. Upon reasonable notice to the other Parties, the Town (at City Centre PIC's expense), City Centre PIC or TFD (at that Party's expense) will have the right to audit the RTF Collecting Agent/Trustee's books and records related to the RTF Collecting Agent/Trustee's obligations under the RTF Collection Services and Trustee Agreement. The RTF Collecting Agent/Trustee will be entitled to reimbursement of its cost for preparing the annual unaudited accounting and/or for cooperating in any audit or inspection from TFD and/or City Centre PIC, or in the case of an audit by the Town, from City Centre PIC. City Centre PIC will provide to the Town (at City Centre PIC's expense) copies of its annual reports, year-end financial reports for the preceding fiscal year and budgets for the current fiscal year, and will provide such other and additional infonnation as reasonably requested by the Town regarding the use of the RTF 845643.7 10 1111111 111111111111111 lllll 111111111111111 1111111111111 3577147 09/09/2008 11:28A Weld County, CO 11 of 29 R 146.00 D 0.00 Steve Moreno Clerk & Recorder Revenues. The Town will have the right at TFD's expense to audit TFD's books and records related to TFD's utilization of RTF Revenues and other obligations pursuant to this RIFA. None of the foregoing audit expenses will be paid from Offset RTF Revenues. Section 2.02 Audit of Retailers; Enforcement. Pursuant to the RTF Covenant, any person or entity who engages in a Taxable Transaction_ (including Construction Activities) is subject to audit by the Town (or the Colorado Department of Revenue on the Town's behalf) and/or City Centre PIC regarding such Taxable Transactions which are subject to the Offset RTF. The Town, to the extent that it collects and/or enforces sales or use taxes, and City Centre PIC acknowledge that it is their intent to minimize their respective administrative costs and the administrative burdens imposed upon retailers within Firestone City Centre and agree that, if one of the Parties exercises its right to audit the Taxable Transactions of a retailer within Firestone City Centre, it will provide the other Parties with the opportunity to cooperatively participate in such audit upon payment of a pro rata share of the audit costs, provided that such retailer provides its written consent to such cooperative audit to the extent such consent is required under the terms and conditions of the RTF Covenant or applicable Jaw. If the RTF Collecting Agent/Trustee is unable to collect all or any portion of the Offset RTF due to delinquency, deficiency, or failure to file, such that the Sales/Use Tax Credit does not attach to a Taxable Transaction, the RTF Collecting Agent/Trustee will notify City Centre PIC of such fact. Upon receipt of any such notice, City Centre PIC may, in addition to exercising all of its remedies under the RTF Covenant or otherwise, notify the Town in writing and the Town, to the extent that it collects and enforces sales or use taxes, will institute the procedures authorized under the Code to enforce and collect the corresponding sales tax or use tax amount, together with any applicable interest, penalties and/or costs. If applicable, the Town will then remit any such collected tax revenues to the RTF Collecting Agent/Trustee, subject to annual appropriation by the Town and subject to the folJowing conditions: (i) the Town will be entitled to retain an amount equal to its costs incurred in enforcing its colJection of taxes under the Code, as well as an administrative fee equal to ten percent (10%) of any tax and one hundred percent (100%) of any penalty and/or interest actually collected; (ii) the obligation is subject to any prior lien on any Town taxes securing the Town's sales tax or use tax (on building materials only) revenue bonds outstanding as of the Effective Date; (iii) the Town will have no responsibility to collect any Supplemental RTF amounts that may be due and unpaid; (iv) the Town does not guarantee or ensure that it will be able to collect any delinquent or deficient Offset RTF amounts; and (v) under no circumstances will the Town be subject to any legal liability to City Centre PIC, TFD, or any third party on account of the Town's failure to collect some or all of the delinquent or deficient Offset RTF obligations on behalf of City Centre PIC. If the person or entity which failed to timely pay the Offset RTF subsequently remits the delinquent Offset RTF, such payment will result in the application of the Sales/Use Tax Credit against such person's or entity's tax obligation, which Sales/Use Tax Credit will fully satisfy any corresponding liability to the Town for unpaid sales or use tax (on building materials only). In such circumstances, the Town will nevertheless be entitled to recover from City Centre PIC its administrative fee and any costs incurred in the enforcement and recovery of such Offset RTF Revenues. For avoidance of doubt, any obligations of City Centre PIC and/or TFD under this Section 2.02 will be subject to the provisions of Section 3.02 of this RIFA. 845643.7 11 111111111111111111111111111111111111111 Ill 1111111111111 3577147 09/09/2008 11:28A Weld County, CO 12 of 29 R 146.00 O 0.00 Steve Moreno Clerk & Recorder ARTICLE III DEFAULTS AND REMEDIES Section 3.01 Events of Default. Each of the following will constitute an "Event of Default" under this RIF A: (a) Defaults by the Town. Events of Default by the Town hereunder will be limited to the failure to fulfill or perform any express material obligations of the Town or the Board stated in this RIF A, subject to Section 1. 12 of this RIF A. (b) Defaults by TFD or City Centre PIC. Events of Default hereunder by TFD or City Centre PIC will be limited to the following: \ (1) Knowingly submitting a materially false certification of costs under Section 1.08 of this RIFA; or (2) Utilizing Offset RTF Revenues for any purpose other than Eligible Costs; or (3) Failure to fulfill or perform any other express material obligation of such Party stated in this RIF A. ( c) Notice; Cure Period. In the event of any claimed default by a Party, the non-defaulting Party will give the defaulting Party and the other Parties and any lender who has provided a written requesCfor notice pursuant to Section 4.10 of this RIF A not less than thirty (30) days' written notice and opportunity to-cure, which notice will specify the nature of the Event of Default and will request that it be corrected within said 30-day period (the "Cure Period"). A lender who has provided a written request for notice pursuant to Section 4.10 of this RIFA will have the right, but not the obligation, to cure the asserted default as provided in this Section 3.0l(c). No act, event or omission will be an Event of Default hereunder if the defaulting Party's failure to perform is caused by Force Majeure or by any act, omission or Event of Default by another Party, or so long as the defaulting Party has in good faith commenced and is diligently pursuing efforts to correct the condition specified in such notice. Section 3.02 No Cross-Defaults. No default or breach by TFD or City Centre PIC of any obligation of that Party under this RIF A will be construed as or constitute a default or breach of any other Party or constitute a basis for the Town to assert or enforce ruiy remedy against any Party other than the particular Party whose action or failure to act constitutes or gives rise to the default or breach. No default or breach by TFD or City Centre PIC of any obligation of that Party arising under any agreement other than this RIF A will be construed as or 'constitute a default or breach of this RIFA or constitute a basis for the Town or the Board to assert or enforce any remedy against any Party under the terms of this RIF A. No default by any Party to this RIF A in the performance of any obligation of that Party under this RIF A will constitute or be deemed to constitute a default of any obligation of that Party under any other agreement or to excuse the performance by any other Party under any other agreement to which that Party is a party. ' 845643.7 12 1111111 11111 1111111111 lllll 1111111111111111111111111111 35TT147 09/09/2008 11:28A Weld County, CO 13 of 29 R 146.00 D 0.00 Steve Moreno Clerk & Recorder Section 3.03 Remedies. The following remedies will be available for Events of Default that are not cured within the applicable Cure Period: 845643.7 (a) Remedies of the Town. The Town's remedies for an Event of Default by TFD or City Centre PIC that is not cured within the applicable Cure Period will include, but not be limited to: (1) The right to enforce the defaulting Party's obligations hereunder by an action for injunction or specific performance; and/or (2) The recovery from the defaulting Party of actual damages resulting from an Event of Default under Section 3.0l(b). (b) Remedies of TFD or City Centre PJC. Remedies of TFD and/or City G~ntre PIC for an Event of Default by the Town that is not cured within the applicable Cure Period will be strictly limited to an action for specific performance and to no other remedy. In no event will TFD or City Centre PIC be entitled to or claim any form of damages, including, without limitation, lost profits, economic damages, or incidental, consequential, punitive or exemplary damages. Section 3.04 Waiver and Indemnity; Payment of Costs. (a) In consideration of the Town entering into this RIFA, TFD and City Centre PIC, for themselves and their respective successors and assigns, expressly and unconditionally waive any claim for any form of damages, including without limitation lost profits, · economic damages, or incidental, consequential, punitive or exemplary d2111ages, arising from any breach of this RIF A by the Town, the Board or anyone acting on its or their behalf, and covenants that, in connection with the subject matter of this RlF A, they will assert no claims against the Town, the Board or anyone acting on its or their behalf and seek no relief of any kind in any court or administrative tribunal, other than those remedies expressly provided in Section 3.03(b) of this RIFA. (b) TFD and City Centre PIC, and their respective successors and assigns, will injemnify and hold harmless the Town, the Board, and Town officers, agents, and employees (collectively, the "Related Parties") against all claims, demands, liabilities, damages and other awards (except punitive or exemplary damages, and otherwise subject to Section 4.07 of this RIF A) including the costs of defense thereof to such Related Parties, which TFD and City Centre PIC hereby assume as a joint and several obligation and agree to pay as incurred (collectively, the "Covered Losses"), brought or obtained in connection with: (i) the execution, delivery or performance of this RIF A and its authorizing enactments; and (ii) respect to any Covered Losses incurred by the Related Pmies in connection with the construction, operation or financial viability of Firestone City Centre; provided, however, that the Related Parties will furnish prompt notice of any claim to the Party from . whom they are seeking indemnification and that Party's successors and assigns, will admit no liability without advance written consent by the applicable Party and its successors and assigns, and will not settle any such claim or demand without consent by the applicable Party and its successors and assigns. 13 1111111 111111111111111 lllll lllllll lllll 1111111111111111 3577147 09/09/2008 11:28A .Weld County, CO 14 of 29 R 146.00 D 0.00 Steve Moreno Clerk & Recorder (c) TFD will pay the Town's engineering, consulting and attorneys' fees for the negotiation, drafting and execution of this RIF A, the resolution authorizing this RIF A and the Sales/Use Tax Credit ordinance, and any other necessary documents required to implement the provisions hereof. ( d) TFD and City Centre PIC, for themselves and their respective successors and assigns, specifically covenant and agree, in addition to any other amounts that may be recoverable by the Town hereunder from such Parties, that TFD and/or City Centre PIC will reimburse to the Town any Offset RTF Revenues determined to have been paid to such Party in excess of that Party's share of the Eligible Costs pursuant to the terms and conditions of this RIFA. (e) Notwithstanding any other provision of this RIFA, this Section 3.04 will survive termination of the Agreement and be enforceable until all legal causes of action are precluded by the longer of the applicable statutes of limitation or notice of claim filing requirements of the Colorado Governmental Immunity Act, for claims subject to such notice requirement. Section 3.05 No Joint Venture or Partnership. Nothing contained in this RIFA is intended to create a partnership or joint venture between all or any of the Parties, or their respective successors and assigns, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this RIF A does not provide for the joint exercise by the Parties of any activity, function or service, nor does it create a joint enterprise, nor does it constitute any Party as an agent of any other Party for any purpose whatsoever. Except as otherwise provided under_ this RIF A, no Party will in any way assume any of the liability of any . other Party for any acts or obligations of the other Party. ARTICLE IV MISCELLANEOUS Section 4.01 Assignment; Binding Effect. This Agreement will be binding upon and, except as otherwise provided in this RIF A, will inure to the benefit of the successors in interest or the legal representatives of the Parties. TFD will have the right to assign or transfer all or any portion of its interests, rights, or obligations under this RIF A only upon receiving the prior written consent of the Town, provided that to the extent TFD assigns any of its obligations under this RIF A, the assignee of such obligations will expressly assume such obligations; provided, however, City Centre PIC is hereby acknowledged to be an approved assignee of TFD and no further Town consent to assignment ofTFD's rights and/or obligations under this RIFA to City Centre PIC will be required. Notwithstanding the foregoing, TFD and/or City Centre PIC may assign their respective rights to receive RTF Revenues in reimbursement of Eligible Costs under this RIFA and the RTF Collection Services and Trustee Agreement as collateral to a lender or other person or entity providing financing for construction and development or operating costs for Firestone City Centre and/or the City Centre Improvements. Section 4.02 Amendment of this RIFA. 845643.7 14 1111111 111111111111111 11111111111111111 1111111111111111 3577147 09/09/2008 11:28A Weld County, CO 15 of 29 R 146.00 o 0.00 Steve Moreno Clerk & Recorder (a) Written Amendment Required. Except as otherwise set forth in this RIFA, this RIF A may be amended, tenninated or superseded only by mutual consent in writing of each of the Parties, and approved by resolution or ordinance of the Board. (b) Effectiveness and Recordation. Any written amendment executed pursuant to subparagraph (a) of this Section 4.02 will be effective upon the later to occur of (i) execution by all required Parties, or (ii) the effective date of the ordinance or resolution approving such amendment. Promptly after any amendment to this RIF A becomes effective, the Town will cause it to be recorded at TFD's cost in the office of the Weld County Clerk and Recorder. As between the Parties, the validity or enforceability of such an amendment will not be affected by any delay in or failure to record the amendment as provided herein. Section 4.03 Entire Agreement; Relationship to PIRA. Except for any zoning and subdivision approvals for Firestone City Centre granted by the Town from time to time, the SIAs, the RTF Collection Service Agreement, and the Sales/Use Tax Credit ordinance, to the extent those documents supplement, implement or complement the provisions of this RIFA, this RIF A constitutes the entire understanding among the Parties with respect to the subject matter hereof. For avoidance of doubt, this RIF A is supplemental to the PIRA, and does not amend or otherwise modify the PIRA in any respect. This RIF A and the PIRA each will remain in full force and effect in accordance with their respective tenns. Section 4.04 No Implied Terms. No obligations, agreements, representations, warranties or certificates will be implied from this RIF A, beyond those expressly stated herein. Section 4.05 Headings for Convenience. The headings and captions used herein are for the convenience of the Parties only and will have no effect upon the interpretation of this RIFA. Section 4.06 Applicable Law. This Agreement will be interpreted and enforced according to the laws of the State of Colorado. Section 4.07 Litigation. The Parties will cooperate in the defense of any legal action brought by a third party to contest the validity or enforceability of this RIF A and/or the Sales/Use Tax Credit; provided, however, that the Town is not obligated to expend any monies for such defense, including without limitation attorneys' fees, costs, or any other professional fees. City Centre PIC will pay all costs and reasonable attorneys' fees incurred by the Town in defense of any such action. City Centre PIC further agrees to pay any monetary judgment that may be entered against the Town in any such action; provided, however, that such monetary judgment does not exceed the amount of Offset RTF Revenues actually received by City Centre PIC or $2,000,000, whichever is greater, and further provided that such reimbursements may not be paid from Offset RTF Revenues. Notwithstanding any other provision of this RIFA, this Section 4.07 will survive tennination of the Agreement and be enforceable until all legal causes of action are precluded by applicable statutes· of limitation or notice of claim filing requirements of the Colorado Governmental Immunity Act, for claims subject to such notice requirement. The RTF Collecting Agent/Trustee will have no obligation to disburse Offset RTF Revenues while any legal action is pending concerning the validity or enforceability of this RIF A and/or Sales/Use Tax Credit; provided, however, that the RTF Collecting Agent/Trustee will continue to 845643.7 15 1111111 111111111111111 11111111111111111 Ill 1111111111111 3577147 09/09/2008 11 :28A Weld County, CO 16 of 29 R 146.00 D 0.00 Steve Moreno Clerk & Recorder receive any disputed Offset RTF Revenues and to maintain such Offset RTF Revenues in a separate account pending a final judicial determination of invalidity, at which time the accrued Offset RTF Revenues will be disbursed to either. TFD, City Centre PIC, or the Town as otherwise provided in this RIF A and in the final judicial determination. Section 4.08 Severability. Should the accounting required under this RIF A and/or the Sales/Use Tax Credit and/or the Offset RTF be judicially adjudged illegal, invalid or unenforceable under present or future laws effective during the term of this RIF A or contrary to public policy by a court of competent jurisdiction in a final non-appealable judgment, the Parties will utilize their reasonable, good faith efforts to restructure this RIF A, together with any necessary related agreements or instruments, or to enter into a new agreement or agreements, consistent with the purposes of this RIF A. Should the Parties be unsuccessful in their efforts, this RIF A will immediately terminate without penalty or recourse to any Party. Otherwise, should any one or more provisions of this RIF A be judicially adjudged illegal, invalid or unenforceable under present or future laws effective during the term of this RIF A or contrary to public policy by a court of competent jurisdiction in a final non-appealable judgment, without a corresponding determination being made with regard to the Sales/Use Tax Credit, Offset RTF, accounting, or other term or provision of this RIF A necessary to implement the financing plan for the City Centre Improvements, such provision or provisions will be fully severable, and the remaining provisions of this RIF A will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by the severance of such provision from this RIFA. Section 4.09 Initiative and Referendnm. If this RIF A or any portion thereof, or any enactment of the Town to implement this RIF A, is challenged by initiative or referendum, including any judicial contest to the outcome thereof, then, to the extent so challenged, the provisions of this RIF A, together with the duties and obligations of each Party, will be suspended pending the outcome of the initiative or referendum election and the judicial contest, if any; and a period equal to the period of such suspension will be deemed automatically added to every right and obligation herein which is required to be performed or which accrues within a specified time. If the initiative or referendum results in voiding of this RIFA or any portion thereof, or any enactment of the Town to implement this RIFA, then the provisions of Section 4.08 will apply as if the election were an action of a court. If the initiative or referendum fails, then the Parties will continue to be bound by all of the terms of this RIFA. Section 4.10 Notices. All notices, certificates, reports or other communications hereunder will be deemed given when personally delivered, or after the lapse of five (5) business days following their mailing by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: To the Town: With a required copy to: 845643.7 Town of Firestone 151 Grant Ave., Box 100 Firestone, CO 80520 Light, Harrington & Dawes, P.C. 1512 Larimer Street, Suite 300 Denver, Colorado 80202 16 1111111 11111 1111111111 11111111111111111 1111111111111111 3577147 09/09/2008 11:28A Weld County, CO 17 of 29 R 146.00 o 0.00 Steve Moreno Clerk & Recorder To City Centre PIC: With required copies to: ToTFD: With a required copy to: TFD Firestone City Centre Public Improvement Company 600 Grant Street, Suite 610 Denver, CO 80203 Attn: Karen Blumenstein, Registered Agent c/o THF Realty, Inc. 2127 lnnerbelt Business Center Drive Suite 200 St. Louis, MO 63114 Attn: Michael Staenberg Munsey L. Ayers, Jr. Otten, Johnson, Robinson, Neff & Ragonetti, P.C. 950 Seventeenth Street, Suite 1600 Denver, CO 80202 THF Realty, Inc. 2127.lnnerbelt Business Center Drive Suite200 St.Louis,MO 63114 Attn: Michael Staenberg Munsey L. Ayers, Jr. Otten, Johnson, Robinson, Neff & Ragonetti, P.C. 950 Seventeenth Street, Suite 1600 Denver, CO 80202 Any Party may designate a different notice address by written notice to the other Parties delivered in accordance with this Section 4.10. Additionally, any lender or other party providing financing for Firestone City Centre that is secured in part by a pledge or assignment ofTFD's or City Centre PIC's rights under this RIF A to receive reimbursement for Eligible Costs from the Offset RTF Revenues may provide the Parties with written notice of its desire to receive simultaneous notices under this Section-4.10 setting forth the address for notices, and any Party which has received such written notice will provide simultaneous notice to such lender or other party in accordance therewith. Section 4.11 Term; Termination. Unless terminated earlier pursuant to the terms set forth herdn, this RIF A will terminate upon the Parties' full performance of their respective obligations under Section 1.05 of this RIFA regarding disposition of Offset RTF Revenues held by the RTF Collecting Agent/Trustee following expiration of the Offset Period. Section 4.12 Public and Governmental Actions. TFD and City Centre PIC acknowledge that the review and approval, conditional approval or disapproval of the development plans and subdivision plats for Firestone City Centre are subject to the quasi- judicial or administrative authority of the Board. No assurances of approval for any specific 845643.7 17 I llllll 111111111111111 11111111111111111 Ill 1111111111111 3577147 09/09/2008 11:28A Weld County, CD 18 of 29 R 146.00 D 0.00 Steve Moreno Clerk & Recorder development plan or subdivision plat have been made by the Town or the Board, and neither TFD nor City Centre PIC have relied Oil' any such assurance of approval or assumption regarding any future approval for Firestone City Centre. Section 4.13 No Waiver or Repeal by Town. Nothing contained in this RIFA will constitute or be interpreted as a repeal of any existing ordinances or codes, or as a waiver or abnegation of the Town's legislative, governmental or police powers to promote and protect the health, safety, morals and general welfare of the Town or its inhabitants. Section 4.14 Board Findings. The Board hereby finds and determines that execution of this RlF A is in the best interests of the public health, safety and general welfare of the Town, and that the provisions of this RIFA are consistent with the Town's development laws, regulations and policies. Section 4.15 Counterparts. This Agreement may be executed in multiple counterparts, each of which will be deemed to be an original and all of which taken together will constitute one and the same agreement. Section 4.16 Recording. This RIFA will be recorded in the real property records of the Weld County, Colorado Clerk and Recorder at the expense ofTFD upon the later to occur of: (i) mutual execution of this RlF A; or (ii) the effective date of the ordinance or resolution approving this· RlF A, or (iii) the date on which the ordinance establishing the Sales/Use Tax Credit becomes legally effective .. Upon recordation as provided in this Section 4.16 and subject to the . terms and conditions set forth in this RIF A, the burdens and benefits of this RlF A will bind and inure to the benefit of all Parties and all successors in interest to the Parties, subject, however, to the. restriction on assignment pursuant to Section 4.01 of this RIFA. As between the Parties, the validity or enforceability of this RlF A will not be affected by any delay in or failure to record this RlF A as provided herein. · · [Signature Pages and Appendices Follow this Page] 845643.7 18 · 1111111 111111111111111 11111111111111111 1111111111111111 3577147 09/09/2008 11 :28A Weld County, CO 19 of 29 R 146.00 D 0:00 Steve Moreno Clerk & Recorder IN WITNESS WHEREOF, the Parties have executed this Retail Infrastructure Funding Agreement as of the day and year first above set forth. STATE OF ¼~ (l..A({)tl COUNTY OF Wf 1-4> ) ) ss ) TOWN: TOWN OF FIRESTONE, COLORADO, a municipal corporation of the State of Colorado By:cuL Chad Auer, Mayor The above and foregoing signature of Chad Auer, as Mayor, on behalf of the TOWN OF FIRESTONE, COLORADO, a municipa~orpo~tion of the State of Colorado; was subscribed and sworn to before me this2S"thday of ~ fl-th\\:>r, r= , 2008. . \Vitness my hand and official seal. My commission expires on: _L{__.__-+)':J_._-+/__.I __ . (SEAL) ~0,#-~ Notary Public 845643.7 19 Mr Commission Expires -~-r:1 -1 I 1111111 111111111111111 11111111111111111 1111111111111111 3577147 09/09/2008 11:28A Weld County, CO · 20 of 29 R 146.00 O 0.00 Steve Moreno Clerk & Recorder TFD: THF FIRESTONE DEVELOPMENT, L.L.C., a Missouri limited liability company STATE OF lO /Drq,Jo coUNTY oF DtnV"-1' ) ) ss ) By: THF Firestone Investors, L.L.C., a Missouri Ii · · The above and foregoing signature of Michael H. Staenberg, as Manager, on behalf of THF FIRESTONE INVESTORS, L.L.C., a Missouri limited liability company, as Manager of THF FIRESTONE DEVELOPMENT, I,.L.C., a Missouri limited liability company, was subscribed and sworn to before me this 6,::b, day of ·¥cm~, 2008. Witness my hand and official seal. My commission expires on: :3 ti, I 2.6 I Z , · Ml!LANIE: A. CARLSON (SE. .L) NOTARY PUBLIC STATE OF COLORADO My Commission Expires 03/17/2012 845643.7 20 1111111 111111111111111 11111111111111111 Ill 1111111111111 3577147 09/09/2008 11 :28A Weld County CO 21 of ~9. R 146.00 D 0.00 Steve Moreno 'clerk & Recorder CITY CENTRE PIC: TFD FIRESTONE CITY CENTRE PUBLIC IMPROVEMENT COMPANY, a STATE OF~\or-a..Ji.o COUNTYOF't:env-d ) ) ss ) oration The above and foregoing signature of H ldt. A.J ~¼ as f1,,,""J0, , on behalf of TFD Firestone City Centre Public Improvement Company, a Colorado nonprofit corporation, was subscribed and sworn to before me this _£..J.h day of S:~b-cc-, 2008. Witness my hand and official seal. My commission expires on: 3 /r1 lzo 1-Z.. (SEA ) MELANIE A. CARLSON " NOTARY PUBLIC STATE OF COLORADO ~I; .!rs, b :t."'=2 Notary ublic My Commission Expires 0S/17/2012 845643.7 21 1111111 111111111111111 11111111111111111 1111111111111111 3577147 09/09/2008 11:28A Weld County, CO 22 of 29 R 146.00 D 0.00 Steve Moreno Clerk & Recorder Appendix A to Firestone City Centre Retail Infrastructure Funding Agreement Defmitions For the purposes of the forgoing RIF A, the following terms will have the meanings set forth below. Accrued Interest. Interest accrued on the Eligible Costs (and, with respect to costs paid from Supplemental RTF Revenues, on such other costs as are permitted under the RIFA) by application of a per annum simple interest rate equivalent to the lower of (i) Prime Rate ( defined below) or (ii) 7.00% to the unreimbursed principal amount of such costs, with interest to accrue on the unpaid principal amount beginning on the date that the Town issues its "conditional acceptance" letter accepting each phase of the City Centre Improvements, as determined by reference to the applicable Subdivision Improvement Agreement, and continuing through and including the date of payment. For purposes o_f this definition and use of the term "Accrued Interest" in the RIF A, "Prime Rate" means the prime rate as published in the Wall Street Journal on the first business day of each calendar month during the Offset Period, and will be adjusted on a current monthly basis during the Offset Period as of the first business day of each calendar month. Appendi(x/ces). Individually, one of the following Appendices to the RIF A and/or, collectively, all of the following Appendices to the RIF A, as the context dictates, which Exhibits are incorporated into and made a part of the RIF A: Appendix A: AppendixB: Appendix C: Appendix D: Definitions Legal Description of Firestone City Centre Form of Instrument Documenting Duration of PIRA Gap Period Schedule of City Centre Improvements Board. The Board of Trustees of the Town of Firestone, Colorado, as it may be constituted from time to time. City Centre Improvements. The categories of public improvements described in Appendix D of the RIFA City Centre PIC. As defined in the initial paragraph of this RIF A, together with its successors and assigns. Code. The municipal code of the Town of Firestone, as amended from time to time. Construction Activities. Construction activities within Firestone City Centre which are subject to the Town's use tax (on building materials) pursuant to the Code, are subject to the Sales/Use Tax Credit pursuant to the terms of the RIFA, and are subject to the RTF pursuant to the terms of the RIFA and the RTF Covenant. Covered Losses. As defined in Section 3.04(b) of the RIFA. 845643.7 A-1 1111111 111111111111111 11111111111111111 1111111111111111 3577147 09/09/2008 11:28A Weld County, CO 23 of 29 R 146.00 D 0.00 Steve Moreno Clerk & Recorder Cure Period. As defined in Section 3.0l(c) of the RIFA. Effective Date. As defined in the initial paragraph of the RIF A. Eligible Costs. Collectively, the principal amount of the actual cost, together with Accrued Interest, of the engineering, construction engineering, construction survey and construction (labor and materials) of the City Centre Improvements, to the extent not otherwise reimbursed pursuant to the PIRA prior to expiration of the Credit PIF Period ( as defined in the PIRA), which .costs are eligible for reimbursement from the Offset RTF Revenues during the Offset Period (inclusive of the PIRA Gap Period), subject to the RTF Cap and otherwise pursuant to the terms and conditions of the RIF A; excluding, however, costs for design, planning, legal, accounting, overhead or administrative staffing, financing, and other associated "soft" costs. Event of Default. As defined in Section 3.01 of the RIFA. Firestone City Centre. The real property legally described in Appendix B of the RIF A, together with improvements constructed therein. Offset Period. The period commencing and terminating as set forth in Section 1.03 of theRIFA. Offset RTF. The component of the RTF which is to be imposed during the Offset Period (inclusive of the PIRA Gap Period) at the rates described in Section 1.02(b) of the RIF A as applied to Taxable Transactions occurring within Firestone City Centre to the extent the Sales/Use Tax Credit is in effect, and which will not be imposed after expiration of the Offset Period. Offset RTF Revenues. The portion of the RTF Revenues which is generated from imposition and collection of the Offset RTF (together with all interest earned thereon while on deposit with the RTF Collecting Agent/Trustee). Party(ies). Individually or collectively, as the context dictates, the original signatory or signatories of the RIFA, or, to the extent of any written assignment by a Party of that Party's rights under Section 4.01 of the RIFA a copy of which has been delivered to the other Parties pursuant to Section 4.10 of the RIF A, such assignee. PIRA. That certain Amended and Restated Public Improvements Reimbursement Agreement with an effective date of July 31, 2006, and recorded in the real property records of the Weld County, Colorado Clerk and Recorder on August 2, 2006, at Reception No. 3408228, as amended from time to time. PIRA Gap Period. The period which will commence immediately upon expiration of the Credit PIF Period (as defined in the PIRA) under the PIRA, and will continue for a period of equivalent duration to the period between the commencement date of the Credit PIF Period (as defined in the PIRA) under the PIRA and the date on which the initial Taxable Transaction attributable to a retail sales transaction from a single user large format retail use occupying at least 80,000 square feet (as distinguished from a Taxable Transaction attributable to ' 845643.7 A-2 1111111 111111111111111 11111111111111111 1111111111111111 3577147 09/09/2008 11:28A Weld County, CO 24 ol 29 R 146.00 D 0.00 Steve Moreno Clerk & Recorder Construction Activity) occurs within Firestone City Centre, with such period to be established and documented pursuant to Section l.02(a)(2) of the RIFA. Related Parties. As defined in Section 3.04(b) of the RIFA. RIFA. As defined in the introductory paragraph of the RIF A. RTF. The retail transaction fee, comprised of the Offset RTF and the Supplemental RTF, to be imposed by TFD through recording of the RTF Covenant, which fee will be set at the rates set forth in Section 1.02(b) of the RIF A and which will be applied to Taxable Transactions (and such other transactions as may be authorized under the RTF Covenant from time to time) in addition to any applicable PIF (as defined in the PIRA) that is imposed and collected pursuant to the PIRA, and before the calculation of applicable sales faxes and/or use taxes. RTF Cap. The total aggregate principal amount of Four Million Dollars ($4,000,000) which amount, together with Accrued Interest thereon, is the maximum amount of RTF Revenues available during the Offset Period under the terms and conditions of the RIF A to reimburse City Centre PIC ( e.g., Offset RTF Revenues may be applied only to Eligible Costs, and Supplemental RTF Revenues may be applied to other costs permitted by the RIFA, but both Offset RTF Revenues and Supplemental RTF Revenues will count against the RTF Cap during the Offset Period). RTF Collection Services and Trustee Agreement. An agreement pursuant to which the RTF Collecting Agent/Trustee will collect, disburse and account for the RTF Revenues in accordance with the terms and conditions of the RIFA and of the RTF Covenant. RTF Collecting Agent/Trustee. The entity to be engaged by City Centre PIC and TFD as the collecting agent and trustee for disbursement and accounting of RTF Revenues pursuant to the terms and conditions of the RTF Collection Services and Trustee Agreement as in effect from time to time, and which will be authorized to undertake the duties of the RTF Collecting Agent/Trustee as generally described in Section 1.06 of the RIF A. RTF Covenant. That certain privately imposed Declaration of Covenants Imposing and Implementing the Firestone City Centre Retail Transaction Fee to be recorded by TFD as a covenant burdening and benefiting Firestone City Centre, as amended from time to time in accordance with its terms, and which RTF Covenant will be distinct from and supplemental to the PIF Covenant (as defined in the PIRA). RTF Revenues. The revenues generated from imposition and collection of the RTF (together with all interest accrued thereon while on deposit with the RTF Collecting Agent/Trustee). Sales/Use Tax Credit. The credit against Town use tax ( on building materials only) and Town sales tax on Taxable Transactions which the Town will consider and take final action on in accordance with Section l.02(a) of the RIFA, the rate(s) of which will be as provided in Section l.02(a) of the RIFA at all times during the Offset Period. 845643.7 A-3 1111111 111111111111111 11111111111111111 1111111111111111 3577147 09/09/2008 11:28A Weld County, CO 25 of 29 R 146.00 D 0.00 Sieve Moreno Clerk & Recorder Subdivision Improvement Agreement(s) ("SIA(s)"). One or more agreements executed from time to time by a developer of the relevant area of Firestone City Centre (and/or executed by City Centre PIC) and the Town governing the design, planning, engineering and construction of the City Centre Improvements, the posting of security for the same, the procedure for inspection and acceptance of the same by the Town, and other relevant provisions concerning the completion of the City Centre Improvements and development of Firestone City Centre. Supplemental RTF. The portion of the RTF which is to be imposed during the Offset Period (inclusive of the PIRA Gap Period) at the rates described in Section 1.02(b) of the RIF A as applied to Taxable Transactions ( and such other transactions as may be authorized under the RTF Covenant from time to time) occurring within the Firestone City Centre, and which, without obligation to do so, TFD may elect to impose after expiration of the Offset Period. Supplemental RTF Revenues. The portion of the RTF Revenues which is generated from imposition and collection of the Supplemental RTF (together with all interest earned thereon while on deposit with the RTF Collecting Agent/Trustee). Taxable Transaction. The sale or provision of goods or services within Firestone City Centre which are subject to Town use taxes ( on building materials only} and/or Town sales taxes. · TFD. As defined in the introductory paragraph of the RIF A, together with its successors and assigns to the extent provided in the RIF A. Town. As defined in the introductory paragraph of the RIF A, together with its successors and assigns. 845643.7 A-4 1111111 111111111111111 lllll lllllll lllll 1111111111111111 3577147 09/09/2008 11:28A Weld County, CO 26 of 29 R 146.00 O 0.00 Steve Moreno Clerk & Recorder AppendixB to Firestone City Centre Retail Infrastructure Funding Agreement Legal Description of Firestone City Centre Lot 1 and Tracts A, C, D, E, F, G, H, J, and K, Firestone City Centre Subdivision Filing No. 1, County of Weld, State of Colorado, recorded on December 7, 2007 at Reception No. 3522365; Lots 1 through 4, inclusive, and Tract A, Firestone City Centre Subdivision Filing No. 2, County of Weld, State of Colorado, recorded on May 2, 2008 at Reception No. 3551426; Lot 4, The First Replat of the American Furniture Warehouse Subdivision, County of Weld, State of Colorado, recorded on August 2, 2006, at Reception No. 3408227; TOGETHER WITH THE FOLLOWING PARCELS: Parcel 13: PARCEL 13, AS DEFINED BY THE COLORADO DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLANSHEET -DEL CAMINO INTERCHANGE, PROJECT NO. -IR- IM(CX) 025-3(110), SOUTHEAST OF THE INTERSECTION OF COLORADO STATE HIGHWAY 119 AND INTERSTATE 25, LOCATED IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; COUNTY OF WELD, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 11, AS MONUMENTED BY A 3-1/4" ALUMINUM CAP, STAMPED "PLS 24307", WHENCE THE NORTHWEST CORNER OF SAID SECTION 11, AS MONUMENTED BY A 3-1/4" ALUMINUM CAP, STAMPED "PLS 24307", BEARS S 89°50'59" W, A DISTANCE OF 1298.43 FEET FORMING THE BASIS OF BEARINGS USED IN THIS DESCRIPTION; THENCE S 89°50'59" V-1, ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE ~ORTHWEST QUARTER A DISTANCE OF 235.82 FEET; THENCE S 00°09'01" E, A DISTANCE OF 565.09 FEET TO A POINT ON A CURVE ON THE WESTERLY RIGHT OF WAY OF THE EAST INTERSTATE 25 FRONTAGE ROAD, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY RIGHT OF WAY AND ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 19°29'02", A RADIUS OF 756.18 FEET, AN ARC LENGTH OF 257.14 FEET, AND A CHORD THAT BEARS S 29°42'04'. W, A DISTANCE OF 255.91 FEET; THENCE S 39°29'04" W, CONTINUING ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 638.62 FEET; 845643.7 B-1 1111111 111111111111111 lllll lllllll lllll 1111111111111111 3577147 09/09/2008 11:28A Weld County, CO 27 of 29 R 146.00 D 0.00 Steve Moreno Clerk & Recorder THENCE N 72°39'13" W, A DISTANCE OF 144.25 FEET TO THE EASTERLY RIGHT OF WAY OF SAID INTERSTATE25; THENCE N 11°10'38" E, ALONG SAID EASTERLY RIGHT OF WAY, A DISTANCE OF 343.34 FEET; THENCE N 19°27'47" E, CONTINUING ALONG SAID EASTERLY RIGHT OF WAY, A DISTANCE OF 350.94 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THE INTERSTATE25 AND SAID HIGHWAY 119PARKAND RIDE; THENCE N 89°28'34" E, ALONG SAID SOUTHERLY BOUNDARY, A DISTANCE OF 487.10 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 247,330 SQUARE FEET OR 5.678 ACRES, MORE OR LESS. . 845643.7 B-2 1111111 111111111111111 11111111111111111 1111111111111111 3577147 09/09/2008 11:28A Weld County, CO 28 of 29 R 146.00 D 0.00 Steve Moreno Clerk & ~ecorder Appendix C to Firestone City Centre Retail Infrastructure Funding Agreement Form of Instrument Documenting Duration of PIRA Gap Period Pursuant to Section l.02(a)(2) of the RIF A, the commencement date, duration, and termination date of the PIRA Gap Period is as follows: A. Commencement Date of PIRA Gap Period (Expiration Date of the Credit PIF Period) B. Duration of PIRA Gap Period (1) Commencement date of the Credit PIF Period: _____ _ (2) Date of initial Taxable Transaction attributable to a retail sales transaction from a single user large format retail use occupying at least 80,000 square feet within Firestone City Centre: (3) Duration of PIRA Gap Period (Number of days between (1) and (2)): C. Termination Date of PIRA Gap Period (Date that is the result of adding the number of days in B(3) to the date in A) 845643.7 C-1 -1111111 111111111111111 lllll lllllll lllll 1111111111111111 <i5TT147 09/09/2008 11:28A Weld County, CO 29 of 29 R 146.00 D 0.00 Steve Moreno Clerk & Recorder AppendixD to Firestone City Centre Retail Infrastructure Funding Agreement Schedule of City Centre Improvements Eligible costs shown in the categories below are distributed among such categories proportionately to the distribution of the Public Improvements Costs (as defmed in the PIRA) among the same categories in the PIRA, The distribution of Eligible Costs among the categories below is for illustrative purposes only. Subject to the RTF Cap, Eligible Costs may be allocated among the categories below, except that the allocated costs for items in lines 12, 13 and 14 may not exceed the aggregate amount of 26% of actual costs incurred for items in lines 1 -11. Eligible Costs relate to and are for partial reimbursement of TFD's increased costs of designing, constructing and installing City Centre Improvements benefiting and/or required or necessary for the development of Firestone City Centre, and required to support and attract retail users, which increased costs result from delays in large format retail nsers pursuing new store locations nationally and locally, including store locations in Firestone City Center, for the reasons previously set forth in this Agreement The items noted below are intended to be ultimately owned, operated and maintained by the Town, or (as in the case of Imported Fill and Compaction) are intended to benefit property to be owned or dedicated to the Town, Public street construction includes landscaping within the public right-of-way, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Categories of Eligible Costs Jake Jabs Boulevard; Signal South on Jake Jabs Boulevard Jake Jabs Boulevard Crossing of Godding Hollow Signal at Jake Jabs Boulevard and Firestone Boulevard Improvements to Firestone Blvd Other Public Streets; Firestone City Centre Entry Monumentation and Landscaping Public Stormwater Facilities Public Water Lines Water Booster Pump to Firestone Water Lines State Highway Frontage Road Improvements Public Sanitary Sewer Imported Fill and Compaction Engineering Construction Surveying Construction Engineering CBT Water Shares $455,200 $91,200 $72,800 $182,000 $72,800 $72,800 $218,400 $91,200 $182,000 $54,800 $1,183,200 $214,000 $321,200 $160,400 $628,000 Total Eligible Costs for Lines I -15 $4,000,000 845643.7 D-1 RESOLUTION NO. 0.2...!J :J_ SERIES 2008 A RESOLUTION OF THE FIRESTONE BOARD OF TRUSTEES SUPPORTING ANNEXATION OF THE UNION PROPERTY TO THE TOWN OF FIRESTONE AND ENCOURAGING A "YES" VOTE ON BALLOT QUESTIONS A AND BAT THE SEPTEMBER 30 SPECIAL ELECTION WHEREAS, on May 8, 2008, the Board of Trustees of the Town of Firestone adopted Ordinance Nos. 678 and 679, approving annexation to the Town of Firestone of the Union Annexation No. 1 parcel and the Union Annexation No. 2 parcel, which parcels are herein referred to as the Un:on Property; and WHEREAS, pursuant to referenda petitions, the Town will hold a special election on September 30, 2008 for the purpose of asking the registered electors of the Town of Firestone whether the annexation of the Union Property to the Town of Firestone should be approved; and ' WHEREAS, the Board ofTrustees supports annexation of the Union Property to the Town of Firestone, for reasons including but not limited to the following key considerations: • The Union annexations plan for urban scale development, which should be located within a municipality like Firestone, rather than developing in unincorporated Weld County; • The Union Property is located within the Firestone Urban Growth boundary as shown on the Firestone Master Plan Map; • The Union annexations have been master planned to include a significant amount of commercial development, which is anticipated to provide a surplus of property and sales tax revenues to Firestone. These surplus revenues from commercial development are critical in order for Firestone to provide necessary services such as police, parks, trails, and public works; • The residential development planned within the Union annexations would be required to pay significant impact fees and use taxes to Firestone; • The commercial development planned within the Union annexations is anticipated to provide a significant number of jobs within Firestone; • The developer of the Union Property will be required to meet the Town's water supply dedication requirements to assure a water supply for all development within the Property; • The Town has arrangements through an intergovernmental agreement with the Frederick- Firestone Fire Protection District for the provision of fire services to the Union Property; • Consistent with Firestone's economic development goals and objectives, the Union annexations provide the opportunity for Firestone to appropriately manage growth along that portion of the SH 119 corridor and to potentially annex other commercial-oriented 1 projects in the area; • The land use plan generally associated with the Union annexations has been thoroughly reviewed and approved on different occasions by the Weld County Commissioners, the Longmont City Council, and the Firestone Town Board of Trustees; and • The land use master plan associated with the Union annexations has been approved by the Firestone Town Board ofTrustees with Planned Unit Development zoning. With this zoning, no development can occur without the processing of further preliminary and final development plans. The processing of both preliminary and final development plans requires additional public hearings in front of the Firestone Planning Commission and the Firestone Town Board of Trustees. Review of proposed plans includes, among other aspects, evaluation of the plans against Firestone's adopted standards of approval and analysis of fiscal impacts on the Town; and \\-1IEREAS, by its adoption of Resolution No. 08-41, the Board of Trustees previously found, among other findings supporting annexation of the Union Property, that: (a) it is necessary and desirable to annex the Union Property to Firestone; (b) a community of interest exists between the Union Property and Firestone; (c) the Union Property is urban or will be urbanized in the near future; ( d) the Union Property is integrated with or is capable ofbeing integrated with Firestone; and ( e) the owner of the Union Property has voluntary requested annexation to Firestone ( and thus, the proposal to annex is the result of a voluntary, consensual process undertaken by the property owner and the Town); and \\-lIEREAS, pursuant to Section 1-45-117(l)(b)(III)(A), C.R.S. of the Fair Campaign Practices Act, the Board of Trustees may pass a resolution and take a position of advocacy on any ballot issues pending before the electorate; and \\--HEREAS, the Board of Trustees finds that it is important to confirm its support for annexaticn of the Union Property to Firestone; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Firestone Board of Trustees hereby expresses its support for annexation of the Union Property to the Town of Firestone and encourages its citizens who are eligible electors to support the annexatic,n of the Union Property to Firestone by voting "Yes" on Ballot Question A and "Yes" on Ballot Question B at the September 30, 2008 special election. Attest: <-/I,. INTRODUCED, READ, and ADOPTED this J.L.. day of __s ~f?+< n, br , 2008. 2 TOWN OF FIRESTONE, COLORADO · Chad Auer Mayor 3 . RESOLUTION NO.u 73 A RESOLUTION REGARDING THE PROPOSED 2008 WELD COUNTY COMPREHENSIVE PLAN. WHEREAS, Weld County has provided the Town a copy of its proposed 2008 Comprehensive Plan and requested the Town's review and comment; and WHEREAS, Town staff, in conjunction with staff from the Town of Frederick and City of Dacono, have reviewed the Plan and have noted sections of the Plan that they believe warrant further consideration by the County, as set forth in the Memorandum attached hereto as Exhibit A; and WHEREAS, the Board of Trustees concurs with the comments noted in Exhibit A and authoriz~s Town staff to join with the Town of Frederick and City of Dacono in conveying these concerns to the County and working toward a cooperative resolution of the Town's concerns. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby adopts as its comments on the proposed 2008 Weld County Comprehensive those comments set forth in Exhibit A attached hereto and incorporated herein by this reference. Town staff is directed to continue working cooperatively with staff from Frederick and Dacono to address these concerns with Weld County staff, so that the Town's concerns may adequately be addressed. INTRODUCED, READ, and ADOPTED this //°'-#1 day of S-ep -f;;. b, r, 2008. TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor ATTEST: RESOLUTION NO.f2.&_ 71/ A RESOLUTION OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN AND THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-IJ CONCERNING FAIR CONTRIBUTIONS FOR PUBLIC SCHOOL SITES WHEREAS, the Town of Firestone ("Town") and the St. Vrain Valley School District RE- IJ ("District") have negotiated a proposed Intergovernmental Agreement Concerning Fair Contributions for Public School Sites; and WHEREAS, pursuant to Section 22-54-102(3)(a), C.R.S., the Town and District may enter into intergovernmental agreements to cooperate with each other to assist in the funding of the District's capital construction projects, provided such funding is from a source of revenue that is otherwise authorized by law and is not from impact fees; and WHEREAS, such statute further provides that the prohibition on the utilization of impact fees in such agreements "shall not be construed to restrict the authority of any local government to require the reservation or dedication of sites and land areas for schools or the payment of moneys in lieu thereof' if such local government possesses the legal authority to require such reservations, dedications, or payments in lieu thereof; and WHEREAS, the Town is authorized by state law, including without limitation Sections 31-12-108.5, 31-12-110(2), 29-20-104 and 31-23-214, C.R.S., to impose terms and conditions upon annexations relating to the effect ofthe proposed annexation upon local schools, and to adopt regulations governing the subdivision of lands on the basis of the impact thereof to the community, which regulations may establish differing requirements applicable to subdivisions of varying sizes, densities or types of dwelling units; and WHEREAS, growth in residential land development and the construction of new residential dwellings in the Town necessitates that the Town adopt a method to ensure Fair Contributions for Public School Sites; and WHEREAS, the Board of Trustees desires to enter into the proposed Intergovernmental Agreement Concerning Fair Contributions for Public School Sites, and finds that such agreement is in the best interest of the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves that certain Intergovernmental Agreement Concerning Fair Contributions for Public School Sites, by and between the Town of Firestone and the St. Vrain Valley School District RE-lJ, a copy of which is attached hereto as Exhibit A ("the IGA"). Section 2. The Mayor and Town Clerk are authorized and directed to execute such !GA on behalf of the Town, except that the Mayor is hereby further authorized to negotiate and approve such revisions to said !GA as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the !GA are not altered. Section 3. A true copy of the fully,executed IGA shall be deposited with the Clerk of the Town and.available for public inspection as the Clerk's office. INTRODUCED, READ, and ADOPTED this -zi"' day of ~~btr, 2008. Town Clerk · 2 TOWN OF FIRESTONE, COLORADO cJ/l Chad Auer Mayor RESOLUTION NO. CJ K ~ 75 A RESOLUTION AMENDING SUBSECTION 20.06 OF THE FIRESTONE POLICE DEPARTMENT POLICY AND PROCEDURE MANUAL WHEREAS; by Resolution No. 08-37, the Board of Trustees previously amended certain sections of the Firestone Personnel Policy Manual and Firestone Police Department Policy and Procedure Manual regarding employment-related examinations; and WHEREAS, the Board of Trustees desires to further amend the Firestone Police Department Policy and Procedure Manual to delete the requirement for pre-promotion polygraph or voice stress evaluati•:m and insert in its place a requirement for a supervisory level psychological evaluation and integrity interview process; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection 20.06 of Section 20 of the Firestone Police Department Policy and Procedure Manual, entitled "Selection and Training," is hereby amended to read as follows (words added are underlined; words deleted are s!riel,en thf0t1gli): ,0.06 Applicants passing the background check and the physical exam must submit to, pass, and allow the release to the Town of the results of: (1) a psychological evaluation by a qualified professional (psychologist or psychiatrist), at the Department's expense, to assess emotional and psychological fitness; and (2) a polygraph or voice stress analysis evaluation by a qualified professional at the Department's expense, to assist in assessment of veracity. For promotions, the Department may require that applicants submit to, pass, and allow the release to the Town of the results of a supervisory level psychological evaluation and an integrity interview process, whieh rolygmrh or voiee stress analysis evamation shall also he FequiFe6 far flflY f)FOftlotioa to ffliHE ef eoffJOffi~ or a8ove. INTRODUCED,READ,andADOPTEDthis JS"°"dayof S-e,o1ot~r ,2008. TOWN OF FIRESTONE, COLORADO Attest: . ~~ ~~d Town Clerk RESOLUTION NO. 0 f-7 p A RESOLUTION APPROVING AN AGREEMENT WITH COLORADO CNIL GROUP, INC. FOR ENGINEERING DESIGN SERVICES FOR THE SABLE A VENUE IMPROVEMENTS PROJECT V.'HEREAS, the Town of Firestone intends to undertake construction of the Sable Avenue Improvements Project consisting of certain water, storm sewer and other improvements within the Sable Avenue right-of-way; and WHEREAS, an agreement has been proposed between the Town and Colorado Civil Group, In~. for engineering design services for the Project. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Agreement for Professional Engineering Services between the Town and Colorado Civil Group, Inc. for engineering design services for the Sable Avenue Improvements Project (Project No. 0668.0153.00) is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2. The Mayor is hereby authorized to execute the Agreement, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. . ~ ,~~~~- INTRODUCED, READ, and ADOPTED this L day of (OC.--to fu. Y l, 2008. ATTEST: 1 : ) ~ ' . TOWN OF FIRESTONE, COLORADO Chad Auer Mayor RESOLUTION NO. OS· 7 7 A · RESOLUTION APPROVING A PRELIMINARY SUBDMSION PLAT AND PRELIMINARY DEVELOPMENT PLAN FOR THE COTTONWOOD COMMERCE CENTRE WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a preliminary subdivision plat and preliminary development plan for the Cottonwood Commerce Centre subdivision; and WHEREAS, all materials related to the application have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application and has forwarded to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, the Board of Trustees has duly considered the application and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed preliminary subdivision plat and preliminary development plan for the Cottonwood Commerce Centre subdivision should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed preliminary subdivision plat and preliminary development plan for the Cottonwood Commerce Centre, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. ~ . INTRODUCED, READ, AND ADOPTED this_@_ day of /)MmW ( , 2008. a"a ATTEST: Mayor ~LJ own Clerk 1 EXHIBIT A Preliminary Subdivision Plat and Preliminary Development Plan Conditions of Approval Cottonwood Commerce Centre General 1. Provide an updated title commitment with the final submittal. 2. Provide a current tax certificate. 3. Correct legal descriptions on both the preliminary plat and Preliminary Development Plan and confirm that they are consistent. 4. Revise plat and PDP map and other application materials to address Town Engineer comments. Preliminary Plat 5. Revise the "Deed of Trust Holder" block as follows: LENDER'S CONSENT The undersigned, First National Bank, a Colorado Banking Corporation, as the beneficiary of a deed of trust recorded at Reception No. ____ , Weld County Clerk and Recorder, which constitutes a lien upon the property depicted on the accompanying plat, hereby consents to this plat and to the dedication of the streets, alleys, roads, easements, outlots and other public uses as shown on this plat, and forever releases said lands from the lien creased by said instrument. [LENDER] Date: -------- Signature Address: ______ _ Title 6. In the Ownership and Dedication block, remove the following language "and First National Bank being the Deed of Trust holder." ' 7. Restore Lot/Block numbering for lots (was on previous submittals). 2 Preliminary Development Plan Sheet 1 8. In the Vicinity Map, correct the misspelled "Vrain" and identify the "Firestone City Centre". Sheet 2 9. Revise the zoning to be consistent with the approved and recorded Outline Development Plan for this property. Sheet 4 I 0. Assure that all text is legible. 11. Reference a backflow preventer in the irrigation notes. 12. Modify Note 5 to state "Bluegrass" instead ofa blend of turf type tall fescue grasses. Sheet 6 13. Rename the "Development Sign" to "Monument Business Center Sign" and rename "Building Sign" to "Monument Sign" as noted on Sheet 2. 11/13/08 [sjl] S:\Fir::stone\Subdivisions\CottonwoodCommerce Prelims.TB.res.doc 3 RESOLUTION NO. 0 2 -7 ~ A RESOLUTION ADOPTING AN IDENTITY THEFf PREVENTION PROGRAM FOR THE TOWN OF FIRESTONE IN ACCORDANCE WITH THE FEDERAL TRADE COMMISSION RED FLAG RULES WHEREAS, pursuant to federal law, the Federal Trade Commission (the "FTC") adopted regulations known as the Red Flag Rules, adopted at 16 CFR § 681, related to the prevention and mitigation of identity theft, the use of consumer. reports, and the treatment of address discrepancies; and WHEREAS, the Red Flag Rules require creditors to adopt an Identity Theft Prevention Program which will use red flags to detect, prevent and mitigate identity theft related to information used in covered accounts; and WHEREAS, the Red Flag Rules apply to creditors, which are defined as persons, including utility companies, that extend, renew or continue credit, and WHEREAS, the Town is a creditor pursuant to the Red Flag Rules by virtue of providing utility services or by otherwise accepting payment for municipal services in arrears; and WHEREAS, the FTC regulations define "covered account" in part as an account that a creditor provides for personal, family or household purposes that is designed to allow multiple payments or transactions; and WHEREAS, the Town provides water services for which payment is made after the product is consumed or the service has otherwise been provided which by virtue of being utility accounts are covered accounts; and WHEREAS, customer accounts for development review and other services for which payment is made after the product is consumed or the service has otherwise been provided may in appropriate circumstances be covered accounts by virtue of being for household purposes and allowing for multiple payments or transactions; and WHEREAS, the Board of Trustees desires to adopt a Red Flag Policy and Identity Theft Prevention Program in accordance with the FTC Red Flag Rules; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2. The Red Flag Policy attached as Exhibit A is hereby adopted and approved. This Resolution shall be in full force and effect upon its passage and adoption. EXHIBIT A Red Flag Policy and Identity Theft Prevention Program Purpose To establish an Identity Theft Prevention Program (the "Program") designed to detect, prevent and mitigate identity theft in connection with the opening of a covered account or an existing covered account, including utility accounts, development review accounts, and other covered accounts for which payment is made to the Town in arrears, and to provide for continued administration of the Program in compliance with Part 681 of Title 16 of the Code of Federal Regulations implementing Sections 114 and 315 of the Fair and Accurate Credit Transactions Act (FACTA) of 2003. The terms used in the Program are defined at the end of this document. Findings I. The Town is a creditor pursuant to 16 CFR § 681.2 due to its provision or maintenance of covered accounts for which payment is made in arrears. 2. Covered accounts offered to customers for the provision of Town services include utility accounts and development review accounts. 3. The process of opening a new covered account and making payments on such accounts have been identified as potential processes in which identity theft could occur. 4. The Town limits access to personal identifying information to those employees responsible for or otherwise involved in opening covered accounts or accepting payment for use of covered accounts. Information provided to such employees is entered directly into the Town's computer system and is not otherwise recorded. 5. The Town determines that there is a low risk of identity theft occurring in the following ways: a. Use by an applicant of another person's personal identifying information to establish a new covered account; and b. Use of another person's credit card, bank account, or other method of payment by a customer to pay such customer's covered account or accounts. Process of Establishing a Covered Account As a precondition to opening a covered account in the Town, each applicant shall provide the Town with a completed application (water accounts) or a signed contract (developer review accounts). EXHIBIT A Access to Covered Account Information 1. Access to customer accounts shall be password protected and shall be limited to authorized Town personnel. 2. Any unauthorized access to or other breach of customer accounts is to be reported immediately to the Finance Director and the password changed immediately. 3. Personal identifying information included in customer accounts is considered confidential and any request or demand for such information shall be immediately forwarded to the Town Clerk. Credit Card Payments 1. In the event that credit card payments that are made over the Internet are processed through a third party service provider, such third party service provider shall certify that it has an adequate identity theft prevention program in place that is applicable to such payments. 2. All credit card payments made over the telephone or the Town's web site shall be entered directly into the customer's account information in the computer database. 3. Account statements and receipts for covered accounts shall include only the last four digits of the credit or debit card or the bank account used for payment of the covered account. Sources and Types of Red Flags All employees responsible for or involved in the process of opening a covered account or accepting payment for a covered account shall check for red flags as indicators of possible identity theft. Such red flags may include: 1. Alerts from consumer reporting agencies, fraud detection agencies or service providers. Examples of alerts include but are not limited to: a. A fraud or active duty alert that is included with a consumer report; b. A notice of credit freeze in response to a request for a consumer report; c. A notice of address discrepancy provided by a consumer reporting agency; d. Indications of a pattern of activity in a consumer report that is inconsistent with the history and usual pattern of activity of an applicant or customer, such as: 1. A recent and significant increase in the volume of inquiries; u. An unusual number of recently established credit relationships; 111. A material change in the use of credit, especially with respect to recently established credit relationships; or 1v. An account that was closed for cause or identified for abuse of account privileges by a financial institution or creditor. EXHIBIT A 2. Suspicious documents. Examples of suspicious documents include: a. Documents provided for identification that appear to be altered or forged; b. Identification on which the photograph or physical description is inconsistent with the appearance of the applicant or customer; c. Identification on which the information is inconsistent with information provided · by the applicant or customer; d. Identification on which the information is inconsistent with readily accessible information that is on file with the creditor, such as the application for service; or e. An application that appears to have been altered or forged, or appears to have been destroyed and reassembled. 3. Suspicious personal identification, such as suspicious address change. Examples of suspicious identifying information include: a. Personal identifying information that is inconsistent with external information sources used by the Town. For example: 1. The address does not match any address in the consumer report; or u. The Social Security Number (SSN) has not been issued, or is listed on the Social Security Administration's Death Master File. b. Personal identifying information provided by the customer is not consistent with other personal identifying information provided by the customer, such as a lack of correlation between the SSN range and date of birth. c. Personal identifying information, such as a phone . number or address, . is associated with known fraudulent applications or activities as indicated by internal or third-party sources used by the financial institution or creditor. d. Other information provided, such as fictitious mailing address, mail drop addresses, jail addresses, invalid phone numbers, pager numbers or answering services, is associated with fraudulent activity. e. The SSN provided is the same as that submitted by other applicants or customers. f. The address or telephone number provided is the same as or similar to the account number or telephone number submitted by an unusually large number of applicants or customers. g. The applicant or customer fails to provide all required personal identifying information on an application or in response to notification that the application is incomplete. h. Personal identifying information is not consistent with personal identifying information that is on file with the Town. 1. The applicant or customer cannot provide authenticating information beyond that which generally would be available from a wallet or consumer report. · 4. Unusual use of or suspicious activity relating to a covered account. Examples of suspicious activity include: a. Shortly following the notice of a change of address for an account, the Town receives a request for the addition of authorized users on the account. EXHIBIT A b. A new reveh·ing credit account is used in a manner commonly associated with known patterns of fraud patternsi For example: 1. The customer fails to make the first payment or makes an initial payment but no subsequent payments. c. An account is used in a manner that is not consistent with established patterns of activity on the account. There is, for example: 1. Nonpayment when there is no history oflate or missed payments; or 11. A material change in purchasing or spending patterns. d. An account that has been inactive for a long period of time is used (taking into consideration the type of account, the expected pattern of usage and other relevant factors). e. Mail sent to the customer is returned repeatedly as undeliverable although transactions continue to be conducted in connection with the customer's account. f. The Town is notified that the customer is not receiving paper account statements. g. The Town is notified of unauthorized charges or transactions in connection with a customer's account. h. The Town is notified by a customer, law enforcement or another person that it has opened a fraudulent account for a person engaged in identity theft. 5. N;itice from customers, law enforcement, victims or other reliable sources regarding possible identity theft or phishing relating to covered accounts. Prevention and Mitigation of Identity Theft 1. In the event that any Town employee responsible for or involved in restoring an existing ccvered account or accepting payment for a covered account becomes aware of red flags indicating possible identity theft with respect to existing covered accounts, such employee shall use his or her discretion to determine whether such red flag or combination of red flags suggests a threat of identity theft. If, in his or her discretion, such employee determines that identity theft or attempted identity theft is likely or pr;ibable, such employee shall immediately report such red flags to the Finance Director. If, in his or her discretion, such employee deems that identity theft is unlikely or that reliable information is available to reconcile red flags, the employee shall convey this information to the Finance Director, who may in his or her discretion determine that no fi.L"!her action is necessary. If the Finance Director, in his or her discretion, determines that further action is necessary, a Town employee shall perform one or more of the fo]lowing responses, as determined to be appropriate by the Finance Director: a. Contact the customer; b. Make the following changes to the account if, after contacting the customer, it is apparent that someone other than the customer has accessed the customer's covered account: EXHIBIT A 1. change any account numbers, passwords, security codes, or other security devices that permit access to an account; or 11. close the account; c. Cease attempts to collect additional charges from the customer and decline to sell the customer's account to a debt collector in the event that the customer's account has been accessed without authorization and sych access has caused additional charges to accrue; d. Notify a debt collector within [ select time frame, for example, 24 hours] of the discovery of likely or probable identity theft relating to a customer account that has been sold to such debt collector in the event that a customer's account has been sold to a debt collector prior to the discovery of the likelihood or probability of identity theft relating to such account; e. Notify law enforcement, in the event that someone other than the customer has accessed the customer's account causing additional charges to accrue or accessing personal identifying information; or f. Take other appropriate action to prevent or mitigate identity theft. 2. In the event that any Town employee responsible for or involved in opening a new covered account becomes aware of red flags indicating possible identity theft with respect to an application for a new account, such employee shall use his or her discretion to determine whether such red flag or combination of red flags suggests a threat of identity theft. If, in his• or her discretion, such employee determines that identity theft or attempted identity theft is likely or probable, such employee shall immediately report such red flags to the Finance Director. If, in his or her discretion, such employee deems that identity theft is unlikely or that reliable information is available to reconcile red flags, the employee shall convey this information to the Finance Director, who may in his or her discretion determine that no further action is necessary. If the Finance Director in his or her discretion determines that further action is necessary, a Town employee shall perform one or more of the following responses, as determined to be appropriate by the Finance Director: a. Request additional identifying information from the applicant; b. Deny the application for the new account; c. Notify law enforcement of possible identity theft; or d. Take other appropriate action to prevent or mitigate identity theft. Updating the Program The Town Board shall annually review and, as deemed necessary by the Board, update the Identity Theft Prevention Program along with any relevant red flags in order to reflect changes in risks to customers or to the safety and soundness of the Town and its covered accounts from identity theft. In so doing, the Town Board shall consider the following factors and exercise its discretion in amending the program: I. The Town's experiences with identity theft; 2. Updates in methods of identity theft; 3. Updates in customary methods used to detect, prevent, and mitigate identity theft; EXHIBIT A 4. Updates in the types of accounts that the Town offers or maintains; and 5. Updates in service provider arrangements. Program Administration The Finance Director is responsible for oversight of the program and for program implementation. The Town Administrator is responsible for reviewing reports prepared by staff regarding compliance with red flag requirements and_with recommending material changes to the program, as necessary in the opinion of the Town Administrator, to address changing identity theft risks and to identify new or discontinued types of covered accounts. Any recommended material changes to the program shall be submitted to the Town Board for consideration by the Board. I. The Finance Director will report to the Town Administrator at least annually, on compliance with the red flag requirements. The report will address material matters related to the program and evaluate issues such as: a. The effectiveness .of the policies and procedures of the Town in addressing the risk of identity theft in connection with the opening of covered accounts and .with respect to existing covered accounts; b. Service provider arrangements; c. Significant incidents involving identity theft and management's response; and d. Recommendations for material changes to the Program. 2. The Finance Director is responsible for providing training to all employees responsible for or involved in opening a new covered account or accepting payment for a covered account with respect to the implementation and requirements of the Identity Theft Prevention Program. The Finance Director shall exercise his or her discretion in determining the amount and substance of training necessary. Outside Service Providers In the event that the Town engages a service provider to perform an activity in connection with one or more covered accounts, the Finance Director shall exercise his or her discretion in reviewing such arrangements in order to ensure, to the best of his or her ability, that the service provider'~ activities are conducted in accordance with policies and procedures, agreed upon by contract, that are designed to detect any red flags that may arise in the performance of the service provider's activities and take appropriate steps to prevent or mitigate identity theft. Treatment of Address Discrepancies Pursuant to 16 CFR § 681.1, this establishes a process by which the Town will be able to form a reasonable belief that a consumer report relates to the consumer about whom it has requested a consumer credit report when the Town has received a notice of address discrepancy. In the event that the Town receives a notice of address discrepancy, the Town employee responsible for verifying consumer addresses for the purpose of providing the municipal service or account EXHIBIT A sought by the consumer shall perform one or more of the following activities, as determined to be appropriate by such employee: I. Compare the information in the consumer report with: a. Information the Town obtains and uses to verify a consumer's identity in accordance with the requirements of the Customer Information Program rules · C implementing 31 U.S.C. § 5318(1); . b. Information the Town maintains in its own records, such as applications for service, change of address notices, other customer account records or tax records; or c. Information the Town obtains from third-party sources that are deemed reliable by the relevant Town employee. 2. Verify the information in the consumer report with the consumer. Furnishing Consumer's Address to Consumer Reporting Agency 1. In the event that the Town reasonably confirms that an address provided by a consumer to the Town is accurate, the Town is required to provide such address to the consumer reporting agency from which the Town received a notice of address discrepancy with respect to such consumer. This information is required to be provided to the consumer reporting agency when: a. The Town is able to form a reasonable belief that the consumer report relates to the consumer about whom the Town requested the report; b. The Town establishes a continuing relation with the consumer; and c. The Town regularly and in the ordinary course of business provides information to the consumer reporting agency from which it received the notice of address discrepancy. 2. Such information shall be provided to the consumer reporting agency as part of the information regularly provided by the Town to such agency for the reporting period in which the Town establishes a relationship with the customer. Methods of Confirming Consumer Addresses The Town employee charged with confirming consumer addresses may, in his or her discretion, confirm the accuracy of an address through one or more of the following methods: 1. Verifying the address with the consumer; 2. Reviewing the Town's records to verify the consumer's address; 3. Verifying the address through third party sources; or 4. Using other reasonable processes. EXHIBIT A Definitions 1. Covered Account means: a. An account that the Town offers or maintains, primarily for personal, family, or household purposes, that involves or is designed to permit multiple payments or transactions, such as a credit card account or utility account; and b. Any other account that the Town offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the financial institution or creditor from identity theft, including financial, operational, compliance, reputation, or litigation risks. 2. Credit means the right granted by a creditor to a debtor to defer payment of debt or to in,~ur debts and defer its payment or to purchase property or services and defer payment. 3. Creditor means any person who regularly extends, renews, or continues credit; any person who regularly arranges for the extension, renewal, or continuation of credit; or any assignee of an original creditor who participates in the decision to extend, renew, or continue credit and includes utility companies and telecommunications companies. 4. Customer means a person that has a covered account with a creditor. 5. Identity theft means a fraud committed or attempted using identifying information of another person without authority. 6. Notice of address discrepancy means a notice sent to a user by a consumer reporting agency pursuant to 15 U,S.C. § 168l(c)(h)(l), that informs the user of a substantial difference between the address for the consumer that the user provided to request the consumer report and the address( es) in the agency's file for the consumer. 7. Person means a natural person, a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association. 8. Personal Identifying Information means a person's credit card account information, debit card information, bank account information and drivers' license information and for a natural person includes their social security number, mother's birth name, and date of birth. 9. Red flag means a pattern, practice, or specific activity. that indicates the possible existence of identity theft. I 0. Service provider means a person that provides a service directly to the Town. 11. Town means the Town of Firestone. ~ INTRODUCED, PASSED, APPROVED AND ADOPTED THIS...,\ 3"'---DAY OF #(@~2008. \:\ o u e V'i\. b.ii f" ATTEST: /) ~~cl'.~w=fJ uyHegod ~ own Clerk ChadAuer 1 Mayor RESOLUTION NO. 08-7'7 A RESOLUTION AMENDING THE 2008 BUDGET BY INCREASING THE APPROPRJATION IN THE PARK FUND. WHEREAS, the Board of Truste.es of the Town of Firestone on December 13, 2007 adopted 1 budget for the 2008 calendar year per Resolution 07-055, pursuant to and in accordance with the Local Government Budget Law; and WHEREAS, the Town had not completed expending funds appropriated for the 2007 calendar year in the Parks Fund for purposes of constructing a sports complex and these funds were included in the beginning fund balance of the Parks Fund as of January I, 2008 as additional fund balance not anticipated at the time of adopting of the 2008 budget; and WHEREAS, the planned and approved expenditures to complete the sports complex took place during calendar year 2008; and WHEREAS, based on the foregoing, a need exists to appropriate additional sums of money in the Parks Fund; and WHEREAS, the Board of Trustees has published notice of and held a hearing upon the supplemental appropriation and amendment to the 2008 budget authorized by this Resolution; and WHEREAS, the amended 2008 budget, as revised by this Resolution, remains in balance as required by law. J\OW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the 2008 Parks Fund appropriation is hereby increased by $733,409 corresponding to expenditures greater than anticipated. Such increased appropriation is funded by existing fund balance as allowed by State statutes. 2008. DJTRODUCED, READ AND ADOPTED this //~ day of U CJ>. ,,,_ Ju r , TOWN OF FIRESTONE, COLORADO Chad Auer Mayor I Attest: ' WN ', r SEAL . .I ... . ... 2 RESOLUTION NO. 08-Jffi_ RESOLUTION TO ADOPT BUDGET TOWN OF FIRESTONE, COLORADO A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2009 AND ENDING ON THE LAST DAY OF DECEMBER, 2009. WHEREAS, the Board of Trustees of the Town of Firestone has directed the Town Administrator to prepare and submit a proposed budget to said governing body at the proper time; and WHEREAS, the Town Administrator has submitted a final proposed budget to this governing body on December 11, 2008 for its consideration; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place, and interested taxpayers -.vere given the opportunity to file or register any objections to said proposed budget; and WHEREAS, in accordance with Article X, Section 20 of the Colorado Constitution, approved by the voters on November 3, 1992, and "Amendment One Emergency Reserve" is included in the budget in a total amount estimated to equal three percent (3%) of the Town's fiscal year spending excluding bonded service, the final amount to be calculated when necessary final information is available to the Town; and WHEREAS, whatever increases may have been made in expenditures, like increases were added to the revenues, so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the budget as submitted, amended, and as attached to this resolution, be, and the same hereby is, approved and adopted as the budget of the Town of Firestone for the year stated above. I Section 2. That the budget hereby approved and adopted shall be signed by the Mayor and Town Clerk and made a part of the public records of the Town. 2008. Attest: INTRODUCED, READ AND ADOPTED this / /°""-day of f1 ~ /ti. h, r TOWN OF FIRESTONE, COLORADO Chad Auer Mayor 2 RESOLUTION NO. 08-2 / TOWN OF FIRESTONE, COLORADO A RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW, FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE 2009 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law, on December 11, 2008; and WHEREAS, the Board of Trustees has made provision therein for available funds in an amount eq,1al to total proposed expenditures as set forth in said budget; and WHEREAS, it is required by law but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operation of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the following sums are hereby appropriated from the revenues of each fund, for the purposes stated: General Fund Total General Fund Expenditures & Transfers $4,077,306 Park Fund Total Park Fund Expenditures & Transfers $ 430,990 Corrservation Trust Fund Total Conservation Trust Fund Expenditures & Transfers $ 120,645 Highway and Streets Fund Total Street and Highway Fund Expenditures & Transfers $1,457,151 Waler Fund Total Water Fund Expenditures & Transfers $3,411,057 I Storm Drainage Fund Total Storm Drainage Fund Expenditures & Transfers Conditional on Board of Trustees future approval by Ordinance and Resolution of the formation of a Storm Drainage Enterprise Utility and Fund Impact Fee Fund (old; per Ord. 347 and Res. 96-23) Total Impact Fund ( old) Expenditures & Transfers Capital Improvement Fund Roadway Impact: Drainage Impact: Regional Park: Municipal Facilities: Under grounding: $ 151,300 $313,300 $251,790 $ 42,687 $ 30,000 Total Capital Improvement Fund Expenditures & Transfers Debt Service Fund Total Debt Service Fund Expenditures & Transfers Open Space Trust Total Open Space Trust Fund Expenditures & Transfers Pension Fund (Old Hire Plan) Total Pension Fund Expenditures & Transfers Firestone Finance Authority Fund Total Firestone Finance· Authority Fund Storm Drainage Replacement Fund Total Storm Drainage Replacement Fund Streets Replacement Fund Total Streets Replacement Fund Parks Replacement Fund Total Parks Replacement Fund Fleet Replacement Fund Total Fleet Replacement Fund Building Replacement Fund Total Building Replacement Fund 2 $ 395,033 $ 75,000 $789,077 $ 70,628 $ 40,000 $ 19,380 $162,800 $ -0- $ $ -0- $ -0- $ -0- Total Appropriations & Transfers: $ I 1,049,066 . ~ INTRODUCED, READ, and ADOPTED this_] I _ day of December , 2008. Attest: ~,I~ yll,3od own Clerk TOWN OF FIRESTONE C!.J~ I Chad Auer Mayor 3 RESOLUTION NO. 08-8~ A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE 2008 TAX YEAR, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF FIRESTONE, COLORADO FOR THE 2009 BUDGET YEAR. WHEREAS, the Board of Trustees of the Town of Firestone on December 11, 2008 adopted the annual budget for the 2009 budget year in accordance with the Local Government Budget Law; and WHEREAS, a general property tax mill levy is necessary to defray the general expenses of Town government for the 2009 budget year; and WHEREAS, due to the approval of ballot issue 2A on November 3, 1998, the Town of Firestone issued general obligation bonded debt in 1999 for the purpose of constructing a new town hall; and vvHEREAS, the amount of money necessary for the debt service payment due in 2009 on the approved general obligation bonded debt is $70,628; and WHEREAS, the 2008 valuation for assessment for the Town of Firestone as certified by the County Assessor is $118,208,020; and WHEREAS, the Town is exempt from the statutory property tax revenue limitation (5.5% limit) due to voter approval of Ballot Issue A at the April 2, 1996 regular municipal election; and WHEREAS, the Town is exempt from the fiscal year spending limitation imposed by Article X, Section 20 to the Colorado Constitution, due to voter approval of Ballot Issue A at the April 2, 1996, regular municipal election; and WHEREAS, the Board of Trustees must certify the mill levies for the 2009 budget year by December 15, 2008, and by this Resolution desires to so certify its general mill levy and bonded debt mill levy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That for the purpose of meeting a portion of the general operating expenses of the Town of Firestone during the 2009 budget year, there is hereby levied a tax of 6.207 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the yea~ 2008. I Section 2. That for the purpose of meeting payments for bonded indebtedness of the Town of Firestone during the 2008 budget year, there is hereby levied a tax of0.598 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2008. Section 3. That the Town Clerk is hereby authorized and directed to immediately certify to tlie Coumy Commissioners of Weld County, Colorado, the mill levy for the Town of Firestone as herein ab:ive determined and set. Attest: . ~ ';"'-\ INTRODUCED, READ, and ADOPTED this 11 day of .µ_.e U. ~ b... v- 2 TOWN OF FIRESTONE, COLORADO Chad Auer Mayor Final 12/11/08 Town of Firestone 2009 Proposed Budget 2008 2008 2008 2009 Tcoii'ib1n1d .tiin<1s'.~~t 2007 Adopted Amended Revised PROPOSED 2010 Actual Bud8et Bud8et Estimate Budget Projected Sources of Funds Taxes & Assessments 3,647,163 3,589,881 3,589,881 3,646,211 3,627,276 3,951,999 Impact & Tap Fees 987,269 526,786 526,786 551,668 482,644 958,502 Licenses and Permits 594,967 387,380 387,380 360,000 272,500 360,000 Intergovernmental 250,312 441,853 441,853 520,091 1,189,462 769,000 Charges for Services 1,746,493 2,995,000 2,995,000 2,995,045 3,383,877 3,927,412 Fines and Forfeits 175,976 165,000 165,000 146,000 150,000 155,000 Net Investment Income 442,376 264,450 264,450 214,500 196,400 169,200 Misc 1,296,140 33,350 33,350 49,625 33,600 33,600 Total Revenue 9,140,696 8,403,700 8,403,700 8,483,140 9,335,759 10,324,713 Other Sources Lease Proceeds 327,627 197,500 Interfund Transfers 2,529,081 746,487 825,997 674,041 1,129,755 4,070,422 Other Total Sources of Funds $ 11,997,404 $ 9,150,187 $ 9,229,697 $ 9,157,181 $ 10,465,514 $ 14,592,635 Uses of Funds Operations 5,965,626 5,988,364 5,988,364 6,063,241 6,598,845 6,935,369 Capital Oulay 2,689,707 2,965,920 2,965,920 3,021,094 2,939,090 5,678,159 Total Expenditures $ 8,655,333 $ 8,954,284 $ 8,954,284 $ 9,084,335 $ 9,537,935 $ 12,613,528 Other Uses Lease Payments 110,104 179,127 179,127 179,127 147,949 155,474 Debt Payments 70,253 69,453 69,453 67,953 70,628 73,015 COP Payments 152,142 152,578 152,578 154,300 159,300 167,000 lnterfund Transfers 2,529,081 746,487 825,997 674,041 '1,129,755 4,070,422 Other 241,931 8,922 8,922 3,200 3,500 3,500 Total Other Uses $ 3,103,511 $ I, 156,567 $ 1,236,077 $ 1,078,621 $ 1,511,132 $ 4,469,411 Total Uses of Funds $ 11,758,844 $ 10,110,851 $ 10,190,361 $ I 0, 162,956 $ 11,049,066 $ 17,082,939 Net Sources and Uses 238,560 (960,664) (960,664) (1,005,775) (583,552) (2,490,304) Beginning Fund Balance 9,203,812 7,293,198 7,293,198 9,442,372 8,436,597 7,853,045 Total Sources of Funds 11,997,404 9,150,187 9,229,697 9,157,181 10,465,514 14,592,635 Total Uses of Funds 11,758,844 10,110,851 10,190,361 10,162,956 11,049,066 17,082,939 Ending Fund Balance $ 9,442,372 $ 6,332,534 $ 6,332,534 $ 8,436,597 $ 7,853,045 $ 5,362,742 Change in Ending Fund Balance $ (583,552) $ (2,490,304) Change due to capital projects $ (233, I I 9) $ (2,723,806) Non-Capital use of Balances $ (350,433) $ 233,502 Combined Page 1 Combined Final 12/11/08 Town of Firestone 2009 Proposed Budget 2008 2008 2008 2009 .... C.ifitlbineil'RiliiiistfiIU ,,·.,,v.~--, •• ,-.,,"•""'-···•-,,.,.-.lk;,,:1,1 2007 Adopted _Amended Revised PROPOSED 2010 Actual Budget Budget Estimate Budget Projected lnterfund Transfers (To) I From General (218,000) (237,687) (158,177) (30,725) (142,720) (363,197) Highwa:, · (991,081) (358,800) (358,800) (264,296) (126,300) (2,440,200) Parks (I ,050,000) 25,000 25,000 (45,000) (292,435) (179,300) CIP 2,059,081 661,487 661,487 509,53 I 789,077 3,723,422 Water Storm (248,267) (553,725) FFA (I 70,000) (135,000) (135,000) (135,000) (140,000) (170,000) Debt Open Space 50,000 60,000 60,000 60,000 40,000 40,000 Old Impact Fee 220,000 (15,000) (15,000) (15,000) 45,000 15,000 CTF 100,000 120,645 Old Hire Pension Rplcmt. -Storm (15,902) (15,902) (5,000) (8,000) Rplcmt • Streets (39,755) (39,755) (25,000) (40,000) Rplcmt. • Parks (7,951) (7,951) (5,000) (8,000) Rplcmt • Fleet (7,951) (7,951) (5,000) (8,000) Rplcmt · Bldg. (7,951) (7,951) (5,000) (8,000) Total Replacement Funds (79,510) (79,510) (45,000) (72,000) Combined Page 2 Combined Final 12/11/08 Town of Firestone 2009 Proposed Budget 2008 2008 2008 2009 I. General ).111,ili:J!([ j~ii: 2007 Adopted Amended Revised PROPOSED 2010 Actual Budget Budget Estimate Budget Projected Sources of Funds Taxes & Assessments 3,005,922 3,004,213 3,004,213 3,144,069 3,111,588 3,411,019 Impact & Tap Fees Licenses and Permits 483,967 327,380 327,380 300,000 235,000 285,000 Intergovernmental 17,350 17,350 57,665 45,000 165,000 Charges for Services Fines and Forfeits 175,976 165,000 165,000 146,000 150,000 155,000 Net Investment Income 51,472 26,650 26,650 28,700 22,900 16,000 Misc 41,018 30,850 30,850 46,675 31,100 31,100 Total Revenue 3,758,355 3,571,443 3,571,443 3,723,109 3,595,588 4,063,119 Other Sources Lease Proceeds 175,000 [nterfund Transfers 218,000 237,687 237,687 110,235 152,720 379,197 Other Total Sources ofFunds $ 4,151,355 $ 3,809,130 $ 3,809,130 $ 3,833,344 $ 3,748,308 $ 4,442,316 Uses of Funds Legislative 35,663 16,500 16,500 37,508 35,366 35,366 Judicial 86,776 85,075 85,075 83,659 87,014 90,377 Administration 640,921 593,883 593,883 560,397 629,136 642,906 Finance 69,530 70,268 70,268 91,458 81,463 40,140 Elections 9,250 9,250 19,158 600 11,800 Human Resources 41,500 41,500 6,700 21,876 22,915 Information Tech. 362 58,981 58,981 109,571 75,550 87,550 Planning 83,004 82,000 82,000 94,000 82,000 82,000 Engineering & Design 113,293 115,330 115,330 116,214 115,380 115,380 Develop. Inspections 278,567 206,292 206,292 178,000 150,000 165,000 Public Safety -Police 1,801,035 1,816,659 1,816,659 1,791,981 1,991,045 2,136,003 Comm, Service Officers 118,520 160,125 160,125 154,223 193,035 207,576 Emergency Mgmt. 10,669 11,513 Public Works-Sanitation 10,984 11,800 11,800 9,437 12,500 14,000 Town Hall 38,570 53,650 53,650 53,450 54,450 54,450 Maintenance Facility 3,783 5,000 5,000 5,000 5,150 5,150 Health & Welfare 74,408 97,250 97,250 98,211 38,000 40,000 Community Resources 58,000 58,000 Economic Development 11,561 14,500 14,500 14,107 14,500 14,500 Capital Outlay 149,044 196,500 196,500 112,870 291,510 Park Administration 207,756 223,918 223,918 259,024 338,076 360,074 Minor Capital -leased 179,330, Total Expenditures $ 3,903,107 $ 3,858,481 $ 3,858,481 $ 3,794,966 $ 3,993,810 $ 4,486,209 General Fund Page 3 Final 12/11/08 Town of Firestone 2009 Proposed Budget 2008 2008 2008 2009 I G . .. l·F ... d' .,,., .. ,; •. I :-. · en.era , .JJ.11 :-:::,:1:1?;::s:rii~: 2007 Adopted Amended Revised PROPOSED 2010 Actual Budget Budget Estimate Budget Projected Other Uses Lease Payments 44,090 73,496 73,496 73,496 73,496 58,187 Interfund Transfers 79,510 79,510 10,000 16,000 Other 40,800 Total Other Uses $ 84,890 $ 73,496 $ 153,006 $ 153,006 $ 83,496 $ 74,187 Total Uses of Funds $ 3,987,997 $ 3,931,977 $ 4,011,487 $ 3,947,972 $ 4,077,306 $ 4,560,396 Net Sources and Uses 163,358 (122,847) (202,357) (I 14,628) (328,998) (I 18,080) Beginning Fund Balance 1,135,824 945,433 945,433 1,299,182 1,184,554 855,556 Total Sources ofFunds 4,151,355 3,809,130 3,809,130 3,833,344 3,748,308 4,442,316 Total Uses ofFunds 3,987,997 3,931,977 4,011,487 3,947,972 4,077,306 4,560,396 Ending Fund Balance $ 1,299,182 $ 822,586 $ 743,076 $ 1,184,554 $ 855,556 $ 737,476 Fund Bal. % Chg. Vs. 2008 Amended Budget 59.41% 15.14% -0.75% Fund Bal. % of E~pend. 21% 19% 30% 21% 16% General Fund Page 4 Final 12/11/08 Town of Firestone "2009 Proposed Budget 2008 2008 2008 2009 I General Iiuh4ffftr;,:•;tl 2007 Adopted Amended Revised PROPOSED 2010 Actual Budget Budget Estimate Budget Projected Revenue Sales Tax Sales Tax -Base 1,685,891 1,685,891 1,686,079 1,720,148 1,754,552 Sales Tax -new business 31.262 123,600 Sales Tax Total 1,685,891 1,685,891 1,686,079 1,751,410 1,878,152 Change vs. 2008 budget 0.01% 3.89% Change vs. prior year 3.87% 7.24% Property Tax AV -prelim. (Aug.) 117,484,480 117,484,480 118,113,050 119,294,181 AV -fraal. (Dec.) 114,332,430 114,332,430 118,208,020 % Chg. Prelim to Final -2.68% % Chg. Yearta Year 3.39% 1.00% Mill Levy -GF 6.209 6.209 6.209 6,207 6.210 Mill Levy -Debt Service 0.596 0.596 0.596 0.598 0.595 Mill Levy -Total 6.805 6.805 6.805 6.805 6.805 Property Tax-GF 729,461 729,461 742,940 733,128 740,817 Change vs. 2008 budget 1.85% 0.50% Change vs. prior year -1.32% 1.05% Property Tax-Debt 68,142 68,142 68,142 70,688 70,980 Change vs. 2008 budget 0.00% 3.74% Change vs. prior year 3.74% 0.41% Franchise Tax Electric 165,000 165,000 204,000 200,000 205,000 Gas 115,000 115,000 170,000 160,000 165,000 Telep:1one 50 50 50 50 50 Cable 37,000 37,000 57,000 50,000 55,000 Total franchise Taxes 317,050 317,050 431,050 410,050 425,050 Change vs. 2008 budget 35.96% 29.33% 01ange vs. prior year -4.87% 3.66% Use Tax Residential 186,000 186,000 218,000 125,000 250,000 Commercial 75,156 75,156 21,000 50,000 75,000 Total Franchise Taxes 261,156 261,156 239,000 175,000 325,000 Change vs. 2008 budget -8.48% -32.99% Change vs. prior year -26.78% 85.71% General Fund Page 5 Town of Firestone 2009 Proposed Budget I. GeneraIF11ftd'.) •0· ""I ';;:i<~i 2007 Actual Other Taxes Cigarette Tax Severance Tax Total Other Taxes Change vs. 2008 budget Change vs. prior year Residential DU's assumption TOTAL TAXES Change vs, 2008 budget Change vs. prior year Licenses &Permits Liquor Licenses General Business Licenses Non-Business Licenses and Perm Building & Related Permits Contractor Licenses Oil and Gas Permits Total Change vs. 2008 budget Change vs. prior year Intergovernmental SVSD pmt form T ASD Police Grants CIP Grants DOLA Intern Grant SVVSD reimb. For SRO Total Change vs, 2008 budget Change vs. prior year 2008 2008 Adopted Amended Budget Budget 4,155 4,155 6,500 6,500 10,655 10,655 80 80 3,004,213 3,004,213 5,500 5,500 7,000 7,000 4,000 4,000 274,680 274,680 30,200 30,200 6,000 6,000 327,380 327,380 7,350 7,350 10,000 I0,000 17,350 17,350 General Fund Page 6 2008 Revised Estimate 12,000 33,000 45,000 322.34% 80 3,144,069 4.66% 5,000 8,000 3,000 261,000 23,000 300,000 -8.36% 28,267 14,398 15,000 57,665 232.36% 2009 PROPOSED Budget 12,000 30,000 42,000 294.18% -6,67% 50 3,111,588 3.57% -1.03% 5,000 7,000 3,000 200,000 20,000 235,000 -28.22% -21.67% 5,000 15,000 25,000 45,000 159.37% -21,96% Final 12/11/08 2010 Projected 12,000 30,000 42,000 0,00% 100 3,411,019 9.62% 5,000 7,000 3,000 250,000 20,000 285,000 21.28% 5,000 135,000 25,000 165,000 266.67% • •• I Town of Firestone 2009 Proposed Budget Misc Honey Festival 'donat~on_s Clock dooations · Movie D'.Jnations 4th at Firestone Animal Impound Other Total 2007 Actual Change vs. 2008 budget Change.vs,.prior year. lnterfund Transfers (To) I Frorr, General Highway Parks CIP Water Storm FFA Debt Open S?ace Old Impact Fee_ :.CTF .. Old Hire'Pension Rplcmt. -Stonm RplcmL -.Streets RpicmL -Parks · RplcmL -Fleet . Rplcmt , Bldg, , Total 218,000 '· 218,000 2008 · 2008 ·. Adopted · Amended Budget :Budget .7,350 . 7,3~0 19,000 19,000 4,500 4,500 30,850 30,850 237,687 . 237,687 237,687 158,177 . 2008 , Revised Estirriate , 1,360 2,500 25 23,547 4,000 15,243 46,675 51JO% · 110,235 30,725 2009 PROPOSED· I,. Budget l,000 100 21,000 · ,4;000 5,000 31,100 .0.81% -33.37%. 42,687 60,033, , ,50,000 , 142,720. Final 12/li/08 · 2010 Projected 1,000 100 21,000 4,000 5,000 31,100 0.00% 199,197 130,000 50,000 363,197_. Final 12/11/08 Town of Firestone 2009 Proposed Budget 2008 2008 2008 2009 lrHighwai,Fwidililill 2007 Adopted Amended Revised PROPOSED 2010 Actual Budset Budset Estimate Budget Proiected Sources of Funds Taxes & Assessments 570,457 431,527 431,527 404,000 405,000 420,000 Impact & Tap Fees Licenses and Permits Intergovernmental 12,500 380,600 Charges for Services 104,357 104,000 104,000 119,000 104,000 105,000 Fines and Forfeits Net Investment Income 30,315 23,000 23,000 25,600 18,600 10,600 Misc 2,401 2,500 2,500 2,800 2,500 2,500 Total Revenue 707,530 561,027 561,027 563,900 910,700 538,100 Other Sources Lease Proceeds 114,470 142,500 Interfund Transfers 991,081 358,800 358,800 264,296 151,300 2,480,200 Other Total Sources ofFunds $ 1,813,081 $ 919,827 $ 919,827 $ 828,196 $ 1,062,000 $ 3,160,800 Uses of Funds Engineering & Design 40,430 40,430 43,602 32,950 32,950 Road & Street Services 711,957 680,942 680,942 613,623 806,397 710,072 Capital Outlay 451,663 479,750 479,750 276,796 531,900 2,480,200 Minor Capital -leased 114,470 142,500 Total Expenditures $ 1,278,090 $ 1,201,122 $ 1,201,122 $ 934,021 $ 1,371,247 $ 3,365,722 Other Uses Lease Payments 34,836 60,904 60,904 60,904 60,904 88,598 Interfund Transfers 25,000 40,000 Other Total Other Uses $ 34,836 $ 60,904 $ 60,904 $ 60,904 $ 85,904 $ 128,598 Total Uses of Funds $ 1,312,926 $ 1,262,026 $ 1,262,026 $ 994,925 $ 1,457,151 $ 3,494,320 Net Sources and Uses 500,155 (342,199) (342,199) (166,729) (395,151) (333,520) Beginning Fund Balance 619,731 819,520 819,520 1,119,886 953,157 558,005 Total Sources of Funds 1,813,081 919,827 919,827 828,196 1,062,000 3,160,800 Total Uses ofFunds 1,312,926 1,262,026 1,262,026 994,925 1,457,151 3,494,320 Ending Fund Balance $ 1,119,886 $ 477,321 $ 477,321 $ 953,157 $ 558,005 $ 224,486 Highway Fund 8 Town of Firestone · 2009 Proposed Budget 2007 Actual Revenue Taxes & Assessments Highwa:i Users Tax Motor Vehicle Registration Road and Bridge Apportionment · Specific Ownership Tax Total 570.457 Change vs. 2008 budget Change vs. prior year Intergovernmental CJP Grants Other SVVSC· Reimb Total Change vs. 2008 budget Change vs. prior year Interfund Transfers · (To) I From General High\\-ay Parks · CIP Water Storm FFA Debt Open Space . . Old !□pact Fee CTF Old Hire Pension Rplcmt. -Storm Rplcmt. -Streets Rplcmt. -Parks Rplc111t. -Fleet Rplcmt. -Bldg. Total 991,081 2008 2008 Adopted .. Ainended Budget Budget ' 241,527 241,527 28,000 . 28,000 95,000 95,000 67,000 67,000 431,527 431,527 358,800 358,800 Highway Fund 9 Final 12/11/08 2008 2009 Revised PROPOSED 2010 ·1 Estimate Budget Projected " 216,000 225,000 230,000 30,000 25,000 30,000. 95,000 95,000 95;000 63,000 60,000 65,000 404,000 405,000 420,000 -6.38% -6,15% 0.25% 3,70% 380,600 12,500 12,500 380,600 2944,80% -100.00% 264,296 126,300 2,440,200 Final 12/11/08 Town of Firestone 2009 Proposed Budget 2008 2008 2008 2009 l1!1r1i:$:11•1!11!1111 2007 Adopted Amended Revised PROPOSED 2010 Actual Budget Budget Estimate Budget Projected Sources of Funds Taxes & Assessments Impact & Tap Fees Licenses and Permits 111,000 60,000 60,000 60,000 37,500 75,000 Intergovernmental 120,096 100,000 100,000 Charges for Services 85,750 Fines and Forfeits Net Investment Income 68,260 10,000 10,000 24,800 8,400 8,100 Misc 1,164,165 Total Revenue 1,463,521 170,000 170,000 170,550 45,900 83,100 Other Sources Lease Proceeds 55,000 Interfund Transfers 1,050,000 70,000 297,435 217,300 Other Total Sources of Funds $ 2,513,521 $ 170,000 $ 170,000 $ 240,550 $ 343,335 $ 355,400 Uses of Funds Engineering & Design 37,799 37,799 59,868 11,200 11,200 Culture & Recreation 45,679 30,204 52,500 52,500 Parks Maintenance 53,645 80,500 80,500 90,778 44,750 Capital Outlay 930,285 578,220 578,220 1,249,078 317,540 192,300 Minor Capital -leased 55,000 Total Expenditures $ 1,029,609 $ 696,519 $ 696,519 $ 1,429,928 $ 425,990 $ 311,000 Other Uses Lease Payments 31,178 31,178 31,178 31,178 Interfund Transfers 25,000 25,000 25,000 5,000 38,000 Other Total Other Uses $ 3 I, 178 $ 56,178 $ 56,178 $ 56,178 $ 5,000 $ 38,000 Total Uses of Funds $ 1,060,787 $ 752,697 $ 752,697 $ 1,486,106 $ 430,990 $ 349,000 Net Sources and Uses 1,452,734 (582,697) (582,697) (1,245,556) (87,655) 6,400 Beginning Fund Balance 175,649 779,602 779,602 1,628,383 382,827 295,172 Total Sources ofFunds 2,513,521 170,000 170,000 240,550 343,335 355,400 Total Uses of Funds 1,060,787 752,697 752,697 1,486,106 430,990 349,000 Ending Fund Balance $ 1,628,383 $ 196,905 $ 196,905 $ 382,827 $ 295,172 $ 301,572 Parks Fund I 0 Town of Firestone 2009 Proposed Budget Interfund Transfers (To) I Frorr, General Highway Parks CIP Water Storm FFA Debt Open Space Old Impact Fee CTF Old Hire Pension Rplcmt. -Storm Rplcmt. -Streets Rplcml. -Parks Rplcmt. -Fleet Rplcmt. -Bldg. Total 2007 Actual 250,000 100,000 1,050,000 2008 Adopted Budget (25,000) 2008 Amended Budget (25,000) Parks Fund 11 2008 Revised Estimate 45,000 Final 12111/08 2009 PROPOSED Budget 292,435 2010 Projected 179,300 Final 12/11/08 Town of Firestone 2009 Proposed Budget 2008 2008 2008 2009 1rcIP,FuJ1dHl..,_I 2007 Adopted Amended Revised PROPOSED 2010 Actual Budget Budget Estimate Budget Proiected Sources of Funds Impact & Tap Fees Roadway Fees 619,990 335,130 335,130 335,130 164,227 328,453 Stonn Drainage Fees 94,602 51,136 51,136 51,136 50,595 101,190 Park Fees 111,999 60,540 60,540 . 60,540 168,592 337,183 Muni. Fae. Fee 120,931 65,368 65,368 65,368 54,897 109,794 ) Undergrounding Fee 14,479 7,826 7,826 7,826 37,548 75,096 Net Investment Income 191,370 115,000 115,000 81,900 80,100 47,900 Misc 88,406 Total Revenue 1,241,777 635,000 635,000 601,900 555,958 999,616 Other Sources Interfund Transfers Other Total Sources of Funds $ 1,241,777 $ 635,000 $ 635,000 $ 601,900 $ 555,958 $ 999,616 Uses of Funds Expenditures Total Expenditures $ $ $ $ $ $ Other Uses Interfund Transfers 2,059,081 661,487 661,487 509,531 789,077 3,723,422 Other 198,157 Total Other Uses $ 2,257,238 $ 661,487 $ 661,487 $ 509,531 $ 789,077 $ 3,723,422 Total Uses of Funds $ 2,257,238 $ 661,487 $ 661,487 $ 509,531 $ 789,077 $ 3,723,422 Net Sources and Uses (1,015,461) (26,487) (26,487) 92,369 (233,119) (2,723,806) Beginning Fund Balance 4,284,563 3,055,458 3,055,458 3,269,102 3,361,471 3,128,352 Total Sources of Funds 1,241,777 635,000 635,000 601,900 555,958 999,616 Total Uses ofFunds 2,257,238 661,487 661,487 509,531 789,077 3,723,422 Ending Fund Balance $ 3,269,102 $ 3,028,971 $ 3,028,971 $ 3,361,471 $ 3,128,352 $ 404,546 CJP Fund 12 Town of Firestone 2009 Proposed Budget lnterfund Transfers (To)/ From ' Generalf Highway Parks . : CIP Water Storm FFA Debt Open S:,ace Old Impact Fee CTF Old Hire Pension Rplcmt. -Storm Rplcmt. -Streets Rplcmt. -Parks Rplcmt. -Fleet Rplcmt. -Bldg. Total 2007 Actual (218,000) (991,08 I) . (700,000) (50,000) (I 00,000) (2,059,081) 152,845 2008 Adop~ed Budget . (237,687) (358,800) (50,000) (I 5,000) (661,487) 2008 Amended Budget (237,687) (358,800) · (50,000) (15,000) (661,487) CJP Fund 13 Final 12/11/08 2008 2009 Revised PROPOSED 2010 Estimate • Budget Projected (110,235) (42,687) (199,197) (264,296) (151,300) (2,480,200) (313,300) (691,725) (50,000) (100,000) (100,000) (15,000) (30,000) (60,000) (509,531) (789,077). (3,723,422) Final 12/11/08 Town of Firestone 2009 Proposed Budget 2008 2008 2008 2009 2007 Adopted Amended Revised PROPOSED 20IO Actual Budset Budset Estimate Budget Projected Sources of Funds Taxes & Assessments Impact & Tap Fees Licenses and Permits Intergovernmental 96,295 288,003 288,003 409,500 717,332 150,000 Charges for Services 1,642,136 2,891,000 2,891,000 2,789,295 3,172,177 3,672,812 Fines and Forfeits Net Investment Income 81,529 79,000 79,000 50,600 61,300 82,400 Misc Total Revenue 1,319,960 3,258,003 3,258,003 3,249,395 3,950,809 3,905,212 Other Sources Lease Proceeds 38,157 Interfund Transfers Other Total Sources ofFunds $ l,858,117 $ 3,258,003 $ 3,258,003 $ 3,249,395 $ 3,950,809 $ 3,905,212 Uses of Funds Human Resources 30,000 30,000 1,788 14,026 15,045 Information Tech. 7,704 34,000 34,000 31,256 73,050 77,050 Engineering & Design 84,888 125,995 125,995 166,016 22,600 22,600 Water Operations 914,436 1,063,796 1,063,796 1,064,591 1,224,858 1,277,550 Water Admin. 224,686 280,571 280,571 295,262 373,700 401,918 Capital Outlay 1,158,715 1,711,450 1,711,450 1,382,350 1,776,350 1,622,424 Minor Capital -leased 38,157 Total Expenditures $ 2,420,882 $ 3,181,812 $ 3,181,812 $ 2,908,220 $ 3,397,508 $ 3,324,492 Other Uses Lease Payments 13,549 13,549 13,549 13,549 8,689 Interfund Transfers Other 1,428 Total Other Uses $ 1,428 $ 13,549 $ 13,549 $ 13,549 $ 13,549 $ 8,689 Total Uses of Funds $ 2,422,310 $ 3,195,361 $ 3,195,361 $ 2,921,769 $ 3,411,057 $ 3,333,181 Net Sources and Uses '(564,193) 62,642 62,642 327,626 539,752 572,032 Beginning Fund Balance 2,448,713 1,469,028 1,469,028 1,884,520 2,212,146 2,751,899 Total Sources ofFunds l,858,117 3,258,003 3,258,003 3,249,395 3,950,809 3,905,212 Total Uses of Funds 2,422,310 3,195,361 3,195,361 2,921,769 3,411,057 3,333,181 Ending Fund Balance $ 1,884,520 $ 1,531,670 $ 1,531,670 $ 2,212,146 $ 2,751,899 $ 3,323,930 Water Fund 14 Town of Firestone 2009 Proposed Budget Revenue Intergovernmental CIP Grants CIL for water .Other Grants Total 2007 Actual 96,295 96,295 Change vs. 2008 budget Change vs: prior year . Charges for Services Water Sales Meter and-Yoke Tap Fees Other Late Fees· Hydrant Meter Water U Water Share Leases/Sa!, Vendor Fees • 1,524,860 5,111 46,937 16,370 48,858. Total 1,642,136 ·. Change vs. 2008 budget Change vs. prior year Interfund Transfers (To)/From · ·General Highway Parks CIP Water Storm FFA Debt Open Space Old Impact Fee CTF . . \ Old Hire Pension Rplcmt. -Storm Rplcmt. -Streets Rplcmt. -Parks Rplcmt. -Fleet Rplcmt. -Bldg. Total 2008 Adopted Budget 263,003 25;000 288,003 1,629,500 99,500 1,037,000 5,000 35,000 68,000 17,000 2,891,000 ." 2008 Amended Budget 263,003 25,000 · 288,003 1,629,500 99,500 1,037,000 5,000 35,000 68,000 17,000 2,891,000 Water Fund 15 2008 Revised Estimate 370,000 39,500 . 409,500 42.19% 1,629,500 25;000 1,032,000 5,555 42,000 7,600 46,640 1,000 2,789,295 -3.52% 2009 PROPOSED Budget . 617,332 100,000 717,332 149.07% 75.17% · 1,941.177 370,000 774,000 5,000 40,000 2,000 40,000 3,172,177 9.73% 13.73% Final 12/11/08 2010 · Projected 150,000 -79.09% 1,999,412 100,000 1,496,400 .· . 5,000 40,000 2,000 30,000 3,672,812 15.78% Final 12111/08 Town of Firestone Proposed new enterprise F111ul.for 211119 2009 Proposed Budget 2008 2008 2008 2009 11 Sti>rm'Dr1iinaje,•I 2007 Adopted Amended Revised PROPOSED 2010 Actual Budget Budget Estimate Budget Projected Sources of Funds Taxes & Assessments Impact & Tap Fees Licenses and Permits Intergovernmental 400,000 Charges for Services 105,000 145,000 Fines and Forfeits Net Investment Income 300 500 Misc Total Revenue 105,300 545,500 Other Sources Lease Proceeds Interfund Transfers 313,300 691,725 Other Total Sources of Funds $ $ $ $ $ 418,600 $ 1,237,225 Uses of Funds Engineering & Design 16,700 15,000 Repair/Main!. -Storm Capital Outlay 313,300 1,091,725 Total Expenditures $ $ $ $ $ 330,000 $ 1,106,725 Other Uses Lease Payments Interfund Transfers 65,033 138,000 Other Total Other Uses $ $ $ $ $ 65,033 $ 138,000 Jotal Uses of Funds $ $ $ $ $ 395,033 $ 1,244,725 Net Sources and Uses 23,567 (7,500) Beginning Fund Balance 23,567 Total Sources ofFunds 418,600 1,237,225 Total Uses of Funds 395,033 1,244,725 Ending Fund Balance $ $ $ $ $ 23,567 $ 16,067 Storm Fund 16 Town of Fir,estone 2009 Proposed Budget Interfund Transfers (To) I From General Highway -Parks CIP Water Storm ·FFA Debt Open Space Old Imract Fee CTF Old Hire Pension Rplcmt. -Storm· Rplcmt. -Streets Rplcmt. -Parks Rplcmt. -fleet Rplcmt. -Bldg . . Total . 2007 Actual Final 12/11/08 Prop,ised n,ew enteiprise F1111tlfor211/19 2008 Adopted Budget 2008 Amended Budget Storm Fund 17 · 2008 ·-' ·. Revised Estimate ' 1 2009 PROPOSED 2010 · Budget Projected · 248,267., · 553;ns · Final 12/11/08 Town of Firestone 2009 Proposed Budget 2008 2008 2008 2009 2007 Adopted Amended Revised PROPOSED 2010 Actual Budget Budget Estimate Budget Projected Sources of Funds Taxes & Assessments Impact & Tap Fees Licenses and Permits Intergovernmental Charges for Services Fines and Forfeits Net Investment Income 200 200 900 300 100 Misc 150 150 Total Revenue 150 200 200 1,050 300 100 Other Sources Lease Proceeds Jnterfund Transfers 170,000 135,000 135,000 135,000 140,000 170,000 Other Total Sources ofFunds $ 170,150 $ 135,200 $ 135,200 $ 136,050 $ 140,300 $ 170,100 Uses of Funds Expenditures Total Expenditures $ $ $ $ $ $ Other Uses COP Payments Principal 65,000 70,000 70,000 70,000 75,000 75,000 Interest 87,142 82,578 82,578 84,300 84,300 92,000 Interfund Transfers Other 703 8,922 8,922 3,200 3,500 3,500 Total Other Uses $ 152,845 $ 161,500 $ 161,500 $ 157,500 $ 162,800 $ 170,500 Total Uses of Funds $ 152,845 $ 161,500 $ 161,500 $ 157,500 $ 162,800 $ 170,500 Net Sources and Uses 17,305 (26,300) (26,300) (21,450) (22,500) (400) Beginning Fund Balance 29,342 43,587 43,587 46,647 25,197 2,697 Total Sources ofFunds 170,150 135,200 135,200 136,050 140,300 170,100 Total Uses of Funds 152,845 161,500 161,500 157,500 162,800 170,500 Ending Fund Balance $ 46,647 $ 17,287 $ 17,287 $ 25,197 $ 2,697 $ 2,297 FFAFund 18 Tow~ of Firestone 2009 Propos~d Budg~t EM& Interfund Transfers (To) I From General Highway Parks . CIP Water Storm FFA Debt Open Space Old Impact Fee CTF Old Hire Pension Rplcnit -Storm RP.lcmt. ' Streets Rplcmt: ·_ Parks Rplcmt. ~ Fleet Rplcmt. , Bldg. · Total 2007 Actual 50,000 . : 50,000 70,000 170,000 ;-,1· 2008 · · 2008 Adopted Amended ' Budget Budget 60,000 60,000 135,000 135,000 FFA Fundl9. ~~ , <: 2008 Revised Estimate 60,000 135,009 .t Final 12/11/08 2009 PROPOSED 2010 . Budget · Projected . 40,000 40,000 · · 140,000 170,000 Final 12/11/08 T~wn of Firestone 2009 Proposed Budget 2008 2008 2008 2009 2007 Adopted Amended Revised PROPOSED 2010 Actual Budget Budget Estimate Budget Projected Sources of Funds Taxes & Assessments 69,600 68,141 68,141 68,142 70,688 70,980 Impact & Tap Fees Licenses and Permits Intergovernmental Charges for Services Fines and Forfeits Net Investment Income 966 1,300 1,300 200 200 200 Misc Total Revenue 70,566 69,441 69,441 68,342 70,888 71,180 Other Sources Lease Proceeds Interfund Transfers Other Total Sources of Funds $ 70,566 $ 69,441 $ 69,441 $ 68,342 $ 70,888 $ 71,180 Uses of Funds Expenditures Total Expenditures $ $ $ $ $ $ Other Uses GO Debt Payments Principal 50,000 50,000 50,000 50,000 55,000 60,000 Interest 20,253 19,453 19,453 17,953 15,628 13,015 Lease Payments Interfund Transfers Other 843 Total Other Uses $ 71,096 $ 69,453 $ 69,453 $ 67,953 $ 70,628 $ 73,015 Total Uses of Funds $ 71,096 $ 69,453 $ 69,453 $ 67,953 $ 70,628 $ 73,015 ' Net Sources and Uses (530) (12) (12) 390 261 (1,835) Beginning Fund Balance 9,432 8,250 8,250 8,902 9,292 9,553 Total Sources ofFunds 70,566 69,441 69,441 68,342 70,888 71,180 Total Uses of Funds 71,096 69,453 69,453 67,953 70,628 73,015 Ending Fund Balance $ 8,902 $ 8,238 $ 8,238 $ 9,292 $ 9,553 $ 7,718 Debt Fund 20 Final 12/11/08 Town of Firestone 2009 Proposed Budget 2008 2008 2008 2009 10 'eiiS. 2007 Adopted Amended Revised PROPOSED 2010 Actual Bud~et Bud~et Estimate Budget Projected Sources of Funds Taxes & Assessments 1,184 86,000 86,000 30,000 40,000 50,000 Impact & Tap Fees Licenses and Pennits Intergovernmental Charges for Services Fines and Forfeits Net Investment Income 38 2,800 2,800 500 200 300 Misc Total Revenue 1,222 88,800 88,800 30,500 40,200 50,300 Other Sources Lease Proceeds Interfund Transfers Other Total Sources of Funds $ 1,222 $ 88,800 $ 88,800 $ 30,500 $ 40,200 $ 50,300 Uses of Funds Expenditures Total Expenditures $ $ $ $ $ $ Other Uses Lease Payments Interfund Transfers 50,000 60,000 60,000 60,000 40,000 40,000 Other Total Other Uses $ 50,000 $ 60,000 $ 60,000 $ 60,000 $ 40,000 $ 40,000 Total Uses of Funds $ 50,000 $ 60,000 $ 60,000 $ 60,000 $ 40,000 $ 40,000 Net Sources and Uses (48,778) 28,800 28,800 (29,500) 200 10,300 Beginning Fund Balance 84,321 37,321 37,321 35,543 6,043 6,243 Total Sources ofFunds 1,222 88,800 88,800 30,500 40,200 50,300 Total Uses of Funds 50,000 60,000 60,000 60,000 40,000 40,000 Ending Fund Balance $ 35,543 $ 66,121 $ 66,121 $ 6,043 $ 6,243 $ 16,543 Open Space Fund 21 " Town of Firestone 2009 Proposed Budget Interfund Transfers · (To) I From General Highway ·Parks CIP Water Storm FFA Debt -Open Space Old Impact Fee CTF Old Hire Pension Rplcmt. -Storm Rplcmt. -Streets Rplcmt. -Parks Rplcmt.--Fleet Rplcmt. -Bldg. Total 2007 Actual (50,000) 2008 Adopted Budget · .(60,000) 2008 Amended Budget (60,000) Open Space Fund 2_2 2008 Revised Estimate (60,000) . Final 12/11 /08 2009 PROPOSED Budget (40,000) 2010 Projected (40;000) Final 12/11/08 Town of Firestone 2009 Proposed Budget 2008 2008 2008 2009 I ro1a1mfatt Jf.ee•tl 2007 Adopted Amended Revised PROPOSED 2010 Actual Budget Budget Estimate Budget Projected Sources of Funds Taxes & Assessments Impact & Tap Fees 25,268 6,786 6,786 31,668 6,786 6,786 Licenses and Permits Intergovernmental Charges for Services Fines and Forfeits Net Investment Income 6,303 500 500 1,600 1,700 1,300 Misc Total Revenue 31,571 7,286 7,286 33,268 8,486 8,086 Other Sources Lease Proceeds Interfund Transfers 100,000 15,000 15,000 15;000 30,000 60,000 Other Total Sources of Funds $ 131,571 $ 22,286 $ 22,286 $ 48,268 $ 38,486 $ 68,086 Uses of Funds Expenditures Total Expenditures $ $ $ $ $ $ Other Uses Lease Payments Interfund Transfers 320,000 75,000 75,000 Other Total Other Uses $ 320,000 $ $ $ $ 75,000 $ 75,000 Total Uses of Funds $ 320,000 $ $ $ $ 75,000 $ 75,000 Net Sources and Uses (188,429) 22,286 22,286 48,268 (36,514) (6,914) Beginning Fund Balance 228,686 17,971 17,971 40,257 88,525 52,01 I Total Sources of Funds 131,571 22,286 22,286 48,268 38,486 68,086 Total Uses of Funds 320,000 75,000 75,000 Ending Fund Balance $ 40,257 $ 40,257 $ 40,257 $ 88,525 $ 52,011 $ 45,097 Old Impact Fee Fund 23 Towil of Firestone · 2009 Proposed Budget Interfund Transfers (To) I From General Highway Parks · CIP · Water Storm FFA Debt Open Sp,ce 0 ld Impact. Fee CTF Old Hire Pension Rplcmt. -.Storm Rplcmt. -Streets Rplcmt. -Parks Rplcmt. ' Fleet Rplcmt. -Bldg. Total 2007 Actual (250,000) 100,00_0 (70,000) (220,000) 2008 Adopted· Budget 15,000 2008 Amended Budget 15,000 Old Impact Fee Fund 24 2008 Revised Estimate · . 15,000 Final 12/11./08 2009 PROPOSED ( Budget (45,000) 2010 Projected (15,000) Final 12/11/08 Town of Firestone 2009 Proposed Budget 2008 2008 2008 2009 tcollsen<atio'il•rr'i;u1i1t ,,,._ ,, '~ .. ' "''' ' ,_ ' it,,,_,~,---,""*':, 2007 Adopted Amended Revised PROPOSED 2010 Actual Budget Budget Estimate Budget Projected Sources of Funds Taxes & Assessments Impact & Tap Fees Licenses and Permits Intergovernmental 33,921 30,000 30,000 34,000 35,000 36,000 Charges for Services Fines and Forfeits Net Investment Income 8,372 2,500 2,500 2,600 2,000 1,600 Misc Total Revenue 42,293 32,500 32,500 36,600 37,000 37,600 Other Sources Lease Proceeds Interfund Transfers Other Total Sources of Funds $ 42,293 $ 32,500 $ 32,500 $ 36,600 $ 37,000 $ 37,600 Uses of Funds Expenditures Total Expenditures $ $ $ $ $ $ Other Uses Lease Payments Interfund Transfers 100,000 120,645 Other Total Other Uses $ 100,000 $ $ $ $ 120,645 $ Total Uses of Funds $ 100,000 $ $ $ $ 120,645 $ Net Sources and Uses (57,707) 32,500 32,500 36,600 (83,645) 37,600 Beginning Fund Balance 143,715 79,043 79,043 86,008 122,608 38,963 Total Sources ofFunds 42,293 32,500 32,500 36,600 37,000 37,600 Total Uses of Funds 100,000 120,645 Ending Fund Balance $ %,008 $ 111,543 $ 111,543 .$ 122,608 $ 38,963 $ 76,563 CTF Fund 25 I ·• '\. ~·- ' ~--. ·,'. Final 12/11/08 · Town of Firestone 2009 Proposed Budget 2008 2008 2008 2009 2007 Adopted Amended Revised PROPOSED 2010 Actual Bud~et Bud~et Estimate Budget Projected Sources of Funds Taxes & Assessments Impact & Tap Fees Licenses and Permits Intergovernmental 6,500 6,500 6,426 11,530 18,000 Charges for Services Fines and Forfeits Net Investment Income 3,751 3,500 3,500 (2,900) 400 200 Misc Total Revenue 3,751 10,000 10,000 3,526 11,930 18,200 Other Sources Interfund Transfers Other Total Sources ofFunds $ 3,751 $ 10,000 $ 10,000 $ 3,526 $ 11,930 $ 18,200 Uses of Funds Expenditures 23,645 16,350 16,350 16,350 19,380 19,380 850 Total Expenditures $ 23,645 $ 16,350 $ 16,350 $ 17,200 $ 19,380 $ 19,380 Other Uses Interfund Transfers Other Total Other Uses $ $ $ $ $ $ Total Uses of Funds $ 23,645 $ 16,350 $ 16,350 $ 17,200 $ 19,380 $ 19,380 Net Sources and Uses (19,894) (6,350) (6,350) (13,674) (7,450) (1,180) Beginning Fund Balance 43,836 37,985 37,985 23,942 10,268 2,818 Total Sources of Funds 3,751 10,000 10,000 3,526 11,930 18,200 Total Uses of Funds 23,645 16,350 16,350 17,200 19,380 19,380 Ending Fund Balance $ 23,942 $ 31,635 $ 31,635 $ 10,268 $ 2,818 $ 1,638 Old Hire Pension Fund 27 ' Final 12/11/08 Town of Firestone 2009 Proposed Budget 2008 2008 2008 2009 2007 Adopted Amended Revised PROPOSED 2010 Actual Budget Budget Estimate Budget Projected Sources of Funds Taxes & Assessments Licenses and Penni ts Intergovernmental Charges for Services Net Investment Income 200 500 700 Misc Total Revenue 200 500 700 Other Sources Interfund Transfers 15,902 15,902 5,000 8,000 Other Total Sources of Funds $ $ $ 15,902 $ 16,102 $ 5,500 $ 8,700 Uses of Funds Expenditures Total Expenditures $ $ $ $ $ $ Other Uses Interfund Transfers Other Total Other Uses $ $ $ $ $ $ Total Uses of Funds $ $ $ $ $ $ Net Sources and Uses 15,902 16,102 5,500 · 8,700 Beginning Fund Balance 16,102 21,602 Total Sources of Funds 15,902 16,102 5,500 8,700 Total Uses of Funds Ending Fund Balance $ $ $ 15,902 $ 16,102 $ 21,602 $ 30,302 Reserve-Stonn Fund 28 Town of Firestone 2009 Proposed Budget l'!str,iets'.llir~llifl- Sources of Funds Taxes & Assessments Licenses and Permits Intergovernmental Charges for Services Net Investment Income Misc Total Revenue Other Sources Interfund Transfers Other Total Sources of Funds Uses of Funds Expenditures Total Expenditures Other Uses Interfund Transfers Other Total Other Uses Total Uses of Funds Net Sources and Uses Beginning Fund Balance Total Sources ofFunds Total Uses of Funds Ending Fund Balance $ $ $ $ $ ~· 2008 2008 2007 Adopted Amended Actual Budget Budget 39,755 $ $ 39,755 $ $ $ $ $ $ 39,755 39,755 $ $ 39,755 Reserve-Streets Fund 29 Final 12/11/08 2008 2009 Revised PROPOSED 2010 Estimate Budget Projected 500 1,300 2,400 500 1,300 2,400 39,755 25,000 40,000 $ 40,255 $ 26,300 $ 42,400 $ $ $ $ $ $ $ $ $ 40,255 26,300 42,400 40,255 66,555 40,255 26,300 42,400 $ 40,255 $ 66,555 $ 108,955 Town of Firestone 2009 Proposed Budget 1:ParJ5:it' rem."t'111ri11 1m,1 , , ,,, ,,,,, ,,,, ,,,,,,,,UML, Sources of Funds Taxes & Assessments Licenses and Pennits Intergovernmental Charges for Services Net Investment Income Misc Total Revenue Other Sources Interfund Transfers Other Total Sources of Funds Uses of Funds Expenditures Total Expenditures Other Uses Interfund Transfers Other Total Other Uses Total Uses of Funds Net Sources and Uses Beginning Fund Balance Total Sources ofFunds Total Uses of Funds Ending Fund Balance 2008 2008 2007 Adopted Amended Actual Budget Budget 7,951 $ $ $ 7,951 $ $ $ $ $ $ $ $ $ 7,951 7,951 $ $ $ 7,951 Reserve-Parks Fund 30 Final 12/11/08 2008 2009 Revised PROPOSED 2010 Estimate Budget Projected 100 300 500 100 300 500 7,951 5,000 8,000 $ 8,051 $ 5,300 $ 8,500 $ $ $ $ $ $ $ $ 8,051 5,300 8,500 8,051 13,351 8,051 5,300 8,500 $ 8,051 $ 13,351 $ 21,851 Town of Firestone 2009 Proposed Budget lFleetR"icmtlli~IWmii'il. • ''' ••• ,h•• ,,l~.~,R Sources of Funds Taxes & Assessments Licenses and Permits Intergovernmental Charges for Services Net Investment Income Misc Total Revenue Other Sources Interfund Transfers Other Total Sources of Funds Uses of Funds Expenditures Total Expenditures Other Uses Interfund Transfers Other Total Other Uses Total Uses of Funds Net Sources and Uses Beginning Fund Balance Total Sources of Funds Total Uses ofFunds Ending Fund Balance 2008 2008 2007 Adopted Amended Actual Budget Budget 7,951 $ $ $ 7,951 $ $ $ $ $ $ $ $ $ 7,951 7,951 $ $ $ 7,951 Reserve-Fleet Fund 31 Final 12/11/08 2008 2009 Revised PROPOSED 2010 Estimate Budget Projected 100 300 500 100 300 500 7,951 5,000 8,000 $ 8,051 $ 5,300 $ 8,500 $ $ $ $ $ $ $ $ $ 8,051 5,300 8,500 8,051 13,351 8,051 5,300 8,500 $ 8,051 $ 13,351 $ 21,851 Town of Firestone 2009 Proposed Budget l.tBliliafil'"~R"'rcmr1N ..... !k e. Sources of Funds Taxes & Assessments Licenses and Permits Intergovernmental Charges for Services Net Investment Income Misc Total Revenue Other Sources Interfund Transfers Other Total Sources ofFunds Uses of Funds Expenditures Total Expenditures Other Uses Interfund Transfers Other Total Other Uses Total Uses of Funds Net Sources and Uses Beginning Fund Balance Total Sources of Funds Total Uses ofFunds Ending Fund Balance 2008 2008 2007 Adopted Amended Actual Budget Budget 7,951 $ $ $ 7,951 $ $ $ $ $ $ $ $ $ 7,951 7,951 $ $ $ 7,951 Reserve-Bldg Fund 32 Final 12/11 /08 2008 2009 Revised PROPOSED 2010 Estimate Budget Projected 100 300 500 100 300 500 7,951 5,000 8,000 $ 8,051 $ 5,300 $ 8,500 $ $ $ $ $ $ $ $ $ 8,051 5,300 8,500 8,051 13,351 8,051 5,300 8,500 $ 8,051 $ 13,351 $ 21,851 Town of Firestone Changes -2009 Proposed Budget vs. 2009 Final Bu:lget Proposed Budget (October) General Fund Total Revenue & Transfers Sales tax revenues Property tax revenues Stonn Drainage (transfer) Other 3,688,529 NET Change in Revenue Total Expenditures & Transfers 4,100,505 Compensation Plan (final est. w/ avg. rating of 3.50) Compensation Plan (flat merit increases) Old Hire Pension Plan contribution IT -web page maint. IT -revised e-st. of support Costs Dev. Inspectons -corrected estimate of costs Human Rescurces -add consllltant support Other NET Change in Expenditures Highway Fund Total Revenue & Transfers Revenues Other NET Change in Revenue 1,058,600 Total Expenditures & Transfers 1,543,425 Compensatinn Plan (final est. w/ avg. rating of 3.50) Compensation Plan (flat merit increases) 2008 Chip Seal project carried forward to 2009 Correction for capital project included twice Other NET Change in Expenditures Par!G Fund Total Revenue & Transfers CTF Fundi;ig Other NET Chan;;e in Revenue Total ExpenditJres & Transfers CIP Projects CTF Funded park projects Reclassify 1!eases to GF Other NET Change in Expenditures 330,035 447,168 Changes in Revenues no change (118) 60,033 (136) no change 3,400 15,000 (1,700) Changes in Expenditures 34,335 (24,894) 950 2,500 5,750 (46,000) 7,500 (3,340) 4,172 (2,838) 80,000 (167,800) 192 no change 15,000 (31,178) Changes -Proposed vs. Final p. 33 Net Change (Estimated) 59,779 (23,199) 3,400 (86,274) 13,300 (16,178) Town of Firestone Changes -2009 Proposed Budget vs. 2009 Final Budget CIP Fund Fund Total Revenue & Transfers Impact Fees Other NET Change in Revenue Proposed Budget (October) 562,058 Total Expenditures & Transfers 1,069,677 Transfers to Capital Projects Adj. for possible DOLA grant (FS Blvd./Colo Blvd.) WET grant :!xtended to 2009 Other NET Change in Expenditures Water Fund Total Revenue & Transfers Rate Revenue Other NET Change in Revenue 3,946,009 Total Expenditures & Transfers 3,407,283 Compensation Plan (final estimates) Compensation Plan (final est. w/ avg. rating of 3.50) IT -revised est. of support costs Human Resources -add consultanrsupport Other NET Change in Expenditures Storm Drainage Fund Total Revenue & Transfers Revised Estimates of Fees (pro rated for 9 months assumed) Net transfer to and from GF corrected Other NET Change in Revenue Total Expenditures & Transfers Revised Tnnsfer to GF 413,967 385,000 Changes in Revenues no change (6,100) 'no change 4,800 33,000 (28,367) (originally planned as a direct expenditure from Storm Drainage Fund) Costs orighally planned to be direct expenditures Other NET Chan5e in Expenditures Changes in Expenditures 100,000 (380,600) 8,360 (5,388) 36,250 2,500 (37,948) 60,033 (50,000) Changes -Proposed vs. Final p. 34 Net Change (Estimated) (6,100) (280,600) 4,800 3,774 4,633 10,033 Town of Firestone Changes -2009 Proposed Budget vs. 2009 Final Budget Conservation Tru~t Total Revenue & Transfers CTF Revenue Other NET Change in Revenue Total Expenditures & Transfers Added Park project Other NET Change in Expenditures Proposed Changes Changes Net Budget in in Change (October) Revenues Exe:enditures {Estimated) 37,200 no change (200) (200) 105,645 15,000 15,000 Changes -Proposed vs. Final p. 35 TOWN OF FIRESTONE, COLORADO CAPITAL IMPROVEMENT FUND Capital Projects D1:_tail 2009 Budgt't (Preliminary) Note: negative Remaining Balances in projected years indicate the necessity to defer or reduce capital projects unless revenues materialize at levels higher than forecast. Final 12/11/08 • Funds available= beginning fund balance+ Jmpact Fees+ Grants + Interest ~ ____ 2_oo_s ____ ~I ~I ___ 20_09 ___ ~11 ~ ___ 2_0_10 ___ ~ ~. ! .. ~:~t9~~~f~,( ~.~~,i_,-ff,11,~t;.J;P{~J-~_C_t.~;,,- Funds A vallable * Drainage Municipal Bldg. Subtotal Expenditures net of Grants from below Remaining Bal. -Surplus/(Defidt) Capital Projects Detail Stonn Water Utility Fonnation Godding Basin Outfall DOLA grant Sable Ave. Stonn Drainage New Admin. Bldg. Design DOLA grant (assuming extension granted) New Admin. Bldg. Constr. Modular Buildings Modular Lease Budget Revised Grant Proposed Grant Estimated Grant 717,017 983,080 1,700,097 195,000 42,687 Estimate Funding Budget Funding Capital Funding 727,707 996,456 1,724,164 142,577 1,581,586 75,000 10,700 4,500 9,690 42,687 Transferred to Stonn Drainage Fund 1,023,744 1,254,017 1,023,744 1,254,017 42,687 199,197 981,057 1,054,820 Transferred to Stonn Drainage Fund Transferred to Stonn Drainage Fund Transferred to Storm Drainage Fund 291,510 42,687 42,687 135,000 Subtotal• Capital Projects $ 237,687 $ 142,577 S S 42,687 $ S 334,197 $ 135,000 Net Transfer to General Fund -D~ainage Net Transfer to General Fund -Admin. Bldg. Net Transfer to General Fund Capital Improvements 36 TOWN OF FIRESTONE, COLORADO CAPITAL IMPROVEMENT FUND Capital Projects Detail 2009 Budget (Preliminary) • Funds available= beginningfund balance + Impact Fees+ Grants+ Interest Note: negative Remaining Balances in projected years indicate the necessity to defer or reduce capital projects unless revenues materialize at levels higher than forecast. Final 12/11/08 ~,,...,,----....,,.2_00,...s,...,...-....,,-~I ~I ..,....-,...,...20_09_=-_~I ~I --=--,------,-2_0_10___,=--~ Budget Revised Grant Proposed Grant Estimated Grant Estimate Funding Budget Funding Capital Funding r=~~-e"-~i":~~~:::r:_~1!1':11'1"'~'i'.]'l,:!l,:.-:'!m'f--ll!li':::l_l ....... illi-:::~-•:or:■1•1:------=--=:1.:■~ 1 _1_8~-~. Hi_&~_w_•Y _F■n_d 1 <;:■p_i_t_•~_tr_aj~.e~ Funds Available* Highways 1,868,034 1,944,979 2,356,773 2,205,718 Subtotal Expenditures net of Grants from below Remaining Bal. -Surplus/(Deflcit) Capital Projects Detail Sherilynn Circle (Road portion) Centennial Elem Crosswalks/Sidewalks Maint. Facilility Expansion Handicap Ramps Alley Program School Traffic Signage FS Blvd/Colo Blvd Intersection Ph. DOLA Grant Shelter for Sand Central Park/ Library Zinnia/WCR 7 Curve Improv. Frontier St. lmprov. (Grant-Pinecone) FS Blvd/Colo Blvd lntersecti-:m Ph. 2 DOLA WET Grant (multiple projects) Subtotal -Capital Projects 1,868,034 1,944,979 276,796 1,668,183 131,250 59,300 20,000 20,000 20,000 30,000 30,000 19,200 208,500 41,030 70,000 90,000 17,266 S 479,750 S 276,796 $ Capital Improvements 37 2,356,773 51,300 2,305,473 20,000 20,000 30,000 18,000 370,600 73,300 100,000 380,600 $ 531,900 S 480,600 2,205,718 2,480,200 . . c214.As2i: 17,500 2,462,700 s11Nect Ir) deferral $ 2,480,200 S TO~N OF FIRESTONE, COLORADO' CAPITAL IMPROVEMENT FUND Capital Projects Detail 2009 Budge! (Preliminary) Note: ·negative Remaining Balances in projected years indicate the necessity to defer or reduce capital projecls unless revenues materialize at leVels higher than forecast: Final 12/11/08 • Funds available= beginningfund c_ ___ _:2:::_00::.:8c_ ___ __JI LI -~....::20:::.09;_ __ ...,I ~I ___ 2_0_10 ___ ~ balance + Impact Fees+ Grants+ Interest Budget . Revised Grant Proposed Grant Estimated Estimate Funding Budget Funding Capital Grant Funding· jl\f~rl!lfl!!)tH-1)'.'.!T~l!\fi(TT'ff'.RPXf~~r;qrwrt!HfW.YGUL!1};/;!;r!\'.ITT!l'!?l1f!TIY,MJiiiffiillimfl!ili!i~£!tfi!Jxtm!TI1!;?\!iift;:it2r.i!i;t1aSiJUll~!EUK[E!!!m\':131Z:::~JflillffiI~mJi1ln!mlftl!!:Jfflffl!E!.'.rn f;~~A,~i~4f'4~i!PH,.£j~!J~J;f,t~J~~~l£IB:t! · , .. Funds Available* · Parks Subtotal Expenditures net of Grants & CTF from below Remaining Bal. -Surplus/(D~ficit) Capital Projects Detail Central Park -Land Financing Transfer to Park Fund (to be transferred to Transfer to FFA Fund Onorato Park Upgrade Firestone Trail Improv Sports Complex Constr. -Phase I · Neto/2007 transfers . Sports Complex Constr. -Phase 2 Central Park <;:entral Park Pool'(proposed) Mountain Shadows Park Parks & Trails Advisory Board Reqi.:.ests Aisik's Meadow -Bench Booth Fanns -Bench Hamey -Bike Rack . Mountain -Signage Patterson -Bench~s, Drinking Fountai_Tl · Prairie Ridge -Drinking Fountai'.1 Stoneridge -Drinking Fountain Firestone Trail -Benches Onorato Park -further upgrades 95,965 95,965 25,000 50,000 4,200 88,920 476,600 132,060 132,060 404,158 11,Lll\!212,o&M 50,000 4,200 1,149,958 (700,000) 100,000 . 260,967 260,967 261,645 100,000 231,790 85,750 1,000 2,000 500 1,750 9,5.00 6,500 6,500 2,000 15,000 Subtotal -Capital Projects Net Transfer to Park Fund CTF Transfer S 644,720 S 504,158 $ I 00,000 · $ 462,290 S ·.■i~tt litdt!~t11 Capital.Improvements 38 80,000 80,000 346,624 346,624 292,300 54,324 100,000 I 92,300 . ' TOWN OF FIRESTONE, COLORADO CAPITAL IMPROVEMENT FUND Capital Projects Detail 2009 Budget (Preliminary) • Funds available= beginningfund balance+ Impact Fees + Grants + Interest Note: negative Remaining Balances in projected years indicate the necessity to defer or reduce capital projects unless revenues materialize at levels higher than forecast. Final 12/11/08 ._ ___ _:2:.:.00:.:s'-----'1 '-1 -----"20"09'-----'1 1...I __ _:2:.:.0:.:10 ___ _, Budget Revised Grant Broposed Grant Estimated Grant Estimate Funding Budget Funding Capital Funding ~!iR!ffl!!MW!!if>l!!!'lfffiW~\ei!rum~P,MUffl!!ll!!lllleffliffifil!ll!G~R!!f~ll:f.!lf~!lti!;iii;!G~Rk~Frnlf~~ : 5210 Water Fu~d Capltat'ProjeCtS, · Fllnds Available Not funded from impact fees Capital Projects Detail Expansion ofMaint Fae.-Share Meter & Yoke Equipment 1.3 MG Storage Tank Construe Water Tank Site Lease Replace/Lower Main on Granville Pine Cone/Sable WL Construction DOLA WET Grant (remaining amt.) Sherilynn Circle Sable Ave. Waterline Loop FS Blvd Waterline loop Central Park-12" Waterline Grant/Pinecone-12" Waterline loop NISP Project Raw Water lrrig. Ph. 20,000 118,200 4,860 25,000 290,000 43,750 22! ,5()0 118,200 38,000 4,860 98,900 43,750 3,000 2,000 230,0()(J DOLA Water & Drainage Grar.:t (multiple projects) Subtotal• Capital Projects $ 723,310 S 538,710 $ ·-k ,Ji£Z;ffimti.,,iJJ!mNUmm~wt1:tm1~lfillruJU#W'~Llt!tffl!Bf~rfiliiM :~ 5250 ~!o~m:D~ainage ,Fu.nd,,Capital .Pi',ojects Funds Available Drainage Subtotal Expenditures net of Grants from below Remaining Bal. • Surplus/(Deficlt) Capital Projects Detail Godding Basin Outfall Godding Basin Outfall DOLA grant Sable Ave. Stonn Drainage Subtotal • Capital Projects s -$ -$ Capital Improvements 39 20,000 12n,ooo 4,860 35,000 226,250 167,800 65,500 101,500 227,100 201\000 157,332 460,000 S l,168,010 $ 617,332 120,000 341,000 889,224 $ I ,350,224 S I !\M&Ll~~~i:R~ 785,387 785,387 J\J,300 472,087 74,000 239,300 $ 313,300 S 909,125 909,125 691,725 217,400 120,000 971,725 400,000 $ 1,091,725 S 400,000 RESOLUTION NO. 08-Z3 A RESOLUTION APPROVING THE 2009'COMPENSATION PLAN FOR THE TOWN OF FIRESTONE. WHEREAS, the Board of Trustees finds and detennines that it is in the best interests of the Town and its employees to adopt a Compensation Plan; and WHEREAS, the Board of Trustees finds and detennines that it is in the best interests of the Town and its employees to detennine applicable exhibits to the Compensation Plan dealing with salary and wage structures. and methodologies for consideration of annual adjustments to employee _compensation; and WHEREAS, the Board of Trustees understands that any compensation plan and related exhibits is subject to modification at any time at the Board of Trustees' discretion and should be examined at least annually by the Board of Trustees. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the Town· of Firestone Compensation Plan as described in the attached Policy & Procedures document on Empl~yee Wage Compensation. Section 2. The Board of Trustees hereby approves for fiscal year 2009 the attached Exhibit A and Exhibit B to the Town of Firestone Compensation Plan. Section 3. Th,: attached Compensation Plan and related exhibits do not constitute a contract for employment or a promise or ongoing commitment of any type whatsoever. The Compens1tion Plan and related exhibits herein approved are subject to modification by the Board of Trustees at any time at its sole option and discretion. Attest: • . )'\.l,,I INTRODUCED, READ, and ADOPTED this iL day of 0 e C e 1-'A. (u. V-, 2008. 1 TOWN OF FIRESTONE, COLORADO Ct~L-- Chad Auer Mayor Town of Firestone Policy & Procedure: Employee Wage Compensation Number: Adopted: December 11, 2008 Authority: Board of Trustees Subject: Method of setting employee wages & salaries Applies to: All non-contract employees Review Frequency: Annually -as part of annual budget Policy & Procedure: I. Annually, the Town Manager and/or Town Administrator will cause a review of employee wage and salary levels to be performed by the Finance Director or other des gnee. Such review will be part of the preparation of the annual budget to be presented to the Board of Trustees for adoption consistent with Town ordinances and the Colorado Revised Statutes. 2. A survey of comparable staff positions will be performed using survey data from the Colorado Municipal League or other appropriate source of data. a. The primary peer group to be included will be the municipalities of: I. Dacono I I. Erie 111. Evans JV. Fort Lupton V. Frederick VI. Lafayette Vil. Superior b. Other comparable salary survey organizations may be utilized only to the extent that comparable Firestone positions are not reflected in the above peer group. Employee Wages & Salaries Revision date 12/11/08 Page 1 3. Salary Ranges for each staff position in the Town of Firestone organization will be established as shown on Exhibit A to this policy to be amended annually by motion of the Board of Trustees. a. Tlie midpoint of each salary range will be set to approximate the average salary range midpoint of the peer group comparison. The salary ranges for each position shall have as a minimum 85% of the specified midpoint of the range and the maximum shall be 115% of the midpoint of the range. 4. Annual salary adjustments for the non-contract employees of the Town will be implemented by Management according to Exhibit B to this policy to be amended annually by motion of the Board of Trustees. Annual salary adjustments for contract employees of the Town will be determined by the Board of Trustees in conjunction with annual reviews of the contracts covering such staff(e.g., Town Manager and Town Administrator). a. The salary adjustments to be included on Exhibit B to this policy each year may be decided upon in consideration of comparable levels of compensation in other area employers and the Town's financial condition. Such adjustments may be negative, zero or positive at the dis_cretion of the Board of Trustees. b. Each employees wage or salary adjustment will be effective with the first pay period beginning on or after January 1st of each year. Adjustment may be made up of the following components: 1. Merit Adjustment -1st priority -a specified wage or salary adjustment percentage related to the annual performance evaluation of the employee performed in the fourth quarter of each year. 11. A "Catch up" Adjustment -2nd priority -to be determined periodically in the setting of Exhibit B adjustments to bring specified job categories into approximate alignment with the compensation levels of competing employers. Such catch up adjustments are to be determined annually and, if they are designed to cover multiple years to bring compensation levels into approximately competitive levels, such adjustments do not constitute a promise or obligation to continue the adjustment in any current or future year. Employee Wages & Salaries Revision date 12/11/08 Page 2 n1. A Structure Adjustment-3"1 priority-intended to keep the Town's overall wage and salary levels consistent with those of the competing employers identified above as the peer group for comparison. c. Each employees' wage or salary adjustment will be clearly communicated to them and implemented after: 1. Completion of their annual performance evaluation. 11. Approval of the applicable Exhibit A and Exhibit B to this policy by the Board of Trustees on an annual basis. 5. These policies and procedures are subject to modification by the Board of Trustees at any time at its sole option and discretion. These policies and procedures, as well as the atta•:hed exhibits, do not constitute a contract for employment or a promise or ongoing commitment of any type whatsoever. Employee Wages & Salaries Revision date 12/11 /08 Page 3 Town of Firestone Compensation Plan "fo~ Base Par_ sf~u'ct11~'e ~--_,.,.,2 ~ ¾Diff. Pay Grade A B C D E F G H I J K L M N 0 p Q R s T u V w X Annual Structure Adj NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA between Width Bench-of marks Range 10% 40% 11% 30% 6% 30% 6% 30% 7% 30% 7% 30% 8% 30% 4% 30% 4% 30% 4% 30% 5% 30% 5% 30% 5% 30% 5% 30% 6% 30% 6% 30% 6% 30%) 7% 30% 7% 30% 8% 30°/<, 8% 30% 9% 30% 10% 30% 30% Proposed 4th Quartile Minimum 88,000 85,000 76,500 72,250 68,000 63,750 59,500 55,250 53,125 51,000 48,875 46,750 44,625 42,500 40,375 38,250 36,125 34,000 31,875 29,750 27,625 25,500 23,375 21,250 Exhibit A Annualized Rates -Salary or Hourly 3rd Quartile 99,000 92,500 83,250 78,625 74,000 69,375 64,750 60,125 57,813 55,500 53,188 50,875 48,563 46,250 43,938 41,625 39,313 37,000 34,688 32,375 30,063 27,750 25,438 23,125 Middle of Range Benchmark $ ;' lJ0,900 $ ·,T, 100,000 ·$/ ''90000 ., ' $ 85,000 $'. --. 80,000 $,: 'i:f:f ?5,000 $ '''-' 70,000 $ ;;;-} 65,000 $ ( {62,500 $ <. ;_60;000 $ :/[.57,500 $;' ,'•'55,000 $/'' :"'~: ;,: 52,?00 . $ ' 50,000 $ ._' J47,500, $ .'J_c;_45,000 Sf. c42,500 $ ::,;>o:-, 40,000 ~,;; - $ ;_ ' ,37,500 $ i'; '35,000 $ c: 32,500 $ _sf c; 30,000 ·$& / 27;500 $ :·; · f-l_-25,000_ 2nd 1st Quartile Quartile Maximum 121,000 132,000 107,500 115,000 96,750 103,500 91,375 97,750 86,000 92,000 80,625 86,250 75,250 80,500 69,875 74,750 67,188 71,875 64,500 69,000 61,813 66,125 59,125 63,250 56,438 60,375 53,750 57,500 51,063 54,625 48,375 51,750 45,688 48,875 43,000 46,000 40,313 43,125 37,625 40,250 34,938 37,375 32,250 34,500 29,563 31,625 26,875 28,750 Page l of2 2008 Positions Town Mgr. I Town Administrator Police Chief Fin. Dir. / PW Dir. Police Commander Police Lt. Acctg. Mgr. Town Clerk I Police Sgt. Police Detective I Police Corporal Comm. Res. Coord. / Officer II PW Supv. / Officer I Mechanic/ Jr. Acct. DRAFT 12/1/2008 Sr. Admin. Asst. I PW Sr. Tech./ Court Clerk/ CSOs Permit Tech./ Util. Tech./ Sr. Acctg. Tech. Util. Billing Clerk / PW Maint. Admin.Asst. Receptionist Pay Structure 2009 v3 Town of Firestone Compensation Plan ; 20~9;:!'st. Pat§trn_«:iktf Pay Grade A B C D E F G H I J K L M N 0 p Q R s T u V w X Annual Structure Adi 1.00% 1.00% _ 1.00% 1.00% 1.00% 1.00% 1.00% 1.00% 1.00% 1.00% 1.00% LOO¾ 1.00% 1.00% 1.00% 1.00% 1.00% 1.00% 1.00% 1.00% l.00% 1.00% 1.00% 1.00% %Diff between Width Bench-of marks Range 10% 40% l 1% 30% 6% 30% 6% 30% 7% 30% 7% 30% 8% 30% 4% 30% 4% 30% 4% 30% 4% 30% 5% 30% 5% 30% 5% 30% 5% 30% 6% 30% 6% 30%1 7% 30% 7% 30% 8% 30% 8% 30% 9% 30% 10% 30% 30% Proposed 4th Quartile Minimum 88,880 85,850 77,265 73,015 68,680 64,430 60,095 55,845 53,635 51,510' 49,385 47,260 45,050 42,925 40,800 38,675 36,465 34,340 32,215 30,090 27,880 25,755 23,630 21,505 Exhibit A Annualized Rates -Saliirj., or Hourly 3rd Quartile 99,990 93,425 84,083 79,458 74,740 70,115 65,398 60,773 58,368 56,055 53,743 51,430 49,025 46,713 44,400 42,088 39,683 37,370 35,058 32,745 30,340 28,028 25,715 23,403 Middle of Range Benchmark $ '' 111,1~0 $ ;'"101,000 s ::, ,,, 90,900 , $ i ,"' 85,90,0 $ , 80,800 $ ', £75,800 $ ,, • '' 70,700, $ ,, 65,700 ' $ :;:: 63,100 $ , ,, , 60,600 $ ".±,: 58,100, $' ;/ 55,600 s ,s, 53,000' $ ::, 50,500 $ ,;; 48,000 $• ''' 45,500 $ '. 42,900 $ ,40,400 $. ' 37,900 $ ,' 35,400 $; ,; , 32,800 $, ;.,,30,300 ,$>\,' 27,800 $ , ; 25,300, 2nd Isl Quartile Quartile Maximum 122,210 133,320 108,575 116,150 97,718 104,535 92,343 98,785 86,860 92,920 81,485 87,170 76,003 81,305 70,628 75,555 67,833 72,565 65,145 69,690 62,458 66,815 59,770 63,940 56,975 60,950 54,288 58,075 51,600 55,200 48,913 52,325 46,118 49,335 43,430 46,460 40,743 43,585 38,055 40,710 35,260 37,720 32,573 34,845 29,885 31,970 27,198 29,095 Page 2 of2 2009 Positions Town Mgr./ Town Administrator Police Chief Fin. Dir./ PW Dir. Police Commander Police Lt. Acctg. Mgr. Town Clerk/ Police Sgt. Police Detective/ Police Corporal Comm. Res. Coord. I Officer II PW Supv. / Officer I Mechanic / Jr. Acct. DRAFT I 2/1/2008 SL Admin, Asst. / PW SL Tech, I Court Clerk I CSOs Pennit Tech./ Util. Tech./ Sr. Acctg. Tech. Util. Billing Clerk/ PW Maint. Admin. Asst. Receptionist , Pay Structure 2009 v3 r Town of Firestone Comnensation Plan -Increases, Proposed I Exhibit B -2009 Recommended I 2009 Pav Increase'Matrix--;-· /: ~ ·-, ·-'''1'·. • 'A''/1 I % Increase in base salary or wage rate I Overall Structure Adj. I A?ii:H.00% ·;;J;r\c Total Increase= Merit+ Structure+ Catch Up ::=====================~ Purpose: To maintain compensation level competitiveness with competing employers Annual Performance Evaluation Rating 5 Outstanding 4 Excellent 3 Expected 2 Improvement /\"ceded I Deficient Merit Structure Catch-up Merit Structure Catch-up Merit Structure Catch-up Merit Structure Catch-up Merit Structure Catch-up 2009 "Catch Ue:'' 1:orti0n of increases :¥c± , ; Midpoint of Range based on Peer Group pay Job Catcgor~ Town Manager Town Administrator Town Clerk Community Resourcl! Coordina~or ___ "_Bull_dlng Permit Teet Utilit>.:Billin Clerk Admin. Asst. Recc tlonist Court Clerk Finance Director Accounting Mana " Sr. Acct . Tech Public Works Directer Public Works Foreman Public Works Tech -:ir. Public Works Maint. ----~-~· Mechanic Police Chief Police Commander Police Lieutenant ___ Poli~e S11rgca11_t ____ '"_ Police Detective Police Officer II Police Officer I Comm. Service Officers I 2008 Base -Position in the Pay Grade Range I 4th 3rd 2nd 1st Quartlle Minimum 0.00% 1.00% 0.00% 0,00% 0.00% 0.00"/,, Estimated Comparison to Midpoint -averase - -13.40% -29.40% -20.20% 0.80% -5.30% -2.30% 8.00% 3.20% -7.40% -10.40% -21.30% 8.10% -17.60% -20.40% -17.70% -11.40% -8.10% -6.40% -29.00% -14.80% -16.71!,'l/!_ .. -13.50% -13.20% -19.70% -10.20% Quartile 0,00% 1.00% 0.00% 0.00% 0.00% 0.00% Estimated number of years to "Catch Ue" NA 2 NA NA 2 2 2 NA 2 2 2 2 2 2 2 2 2 2 2 2 Page I of 1 Quartile 0.00% 1.00% 0.00% 0.00% 1.00% 0.00% 0.00% 0.00% 0.00% Quartile Maximum ,. 1.00% 0.00% 1.00% 0.00% 1.00% 0.00% 0.00% 1.00% 0.00% 0.00% 0.00% 0.00% "Catch-Up" Increase to add to the above table 6.00% 14.00% 10.00% 0.00% -~.0~_% ., .. 1.00% 0.00% 0.00% 4.00"/., 5.00% 10.00% 0.00% 8.00% 10.00% 8.00% 6.00% 4.00% 3.00% 14.00% 7.00% 8.~Q."!!' ,7_.00% 6.00% 9.00% 5.00% DRAFT 12/1/2008 \ Increases 2009 Proposed v3 RESOLUTION NO. 08-;J'"/ A RESOLUTION AMENDING THE OLD HIRE MARSHALLS PENSION PLAN TO INCREASE BENEFITS. WHEREAS, Anthony E. Onorato, Sr. retired from active service with the Town of Firestone as Marshall effective January 1, 1989; and WHEREAS, in December 1988 the Town and Mr. Onorato entered into a Full and Final Release and Termination Agreement ("Agreement"); and WHEREAS, the Agreement sates that the retirement benefit to which Mr. Onorato is entitled does not include cost ofliving increases; and WHEREAS, in the Agreement, Mr. Onorato acknowledges that the monies and benefits received under the Agreement "shall be the full tot_al and all of the retirement benefits from the Town of Firestone to which he is entitled now and forever"; and WHEREAS, in 2000, the Town authorized an increase to Mr. Onorato's benefit and no further increases have been made since that time; and WHEREAS, the Town of Firestone values all of its employees and appreciates their service and wishes to make an additional, voluntary cost of living adjustment to Mr. Onorato's FPPA Old Hire Pension Plan; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TO\VN OF FIRESTONE, COLORADO: Section 1. That the Town Administrator be directed to authorize the Colorado Fire & Police Pension Association as the administrator of the Town of Firestone Old Hire Marshalls Pension Plan to increase, beginning January 1, 2009, the monthly payment to Anthony E. Onorato, Sr. from $1,274.88 to $1,615.00 per month. Section 2. Nothing herein shall be construed to obligate the Town to provide any benefits other than those specifically required in the 1988 Full and Final Release and Termination Agreement and the Town at any time may alter payments to levels consistent with said Agreement. INTRODUCED, READ, and ADOPTED this/( day of 1)/L u. i.. U., v-, 2008. · AU@ x~ ~ood Town::k TOWN OF FIRESTONE, COLORADO Chad Auer -<!;s.'SSss:tl"'" Mayor· ./1"Q'Nl'l · ' sE.I\L .. . .... RESOLUTION NO. 08-2_S A RESOLUTION PRESCRIBING WATER RATES, FEES, TOLLS AND CHARGES FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town of Firestone (the "Town") operates a municipal water system; and WHEREAS, the Town and Central Weld County Water District ("CWCWD") are parties to various intergovernmental agreements concerning the provision of water service and facilities to the Town; and WHEREAS, pursuant to such intergovernmental agreements, CWCWD from time to time imposes increased charges pertaining to the provision of water service to the Town; and WHEREAS, atter review and analysis of the costs of operating and maintaining the Town's water system, including completion of a water rate study and an analysis of capital needs, and in consideration of applicable CWCWD increases and increases in the costs of operating, maintaining and improving the Town's water system, the Board of Trustees has determined that increases in the water system rates, fees, tolls and charges are necessary; and WHEREAS, the current water taps fees and monthly water rates do not adequately provide for the capital needs and operations of the Town's water system; and WHEREAS, the Board of Trustees by this resolution desires to establish various rates, fees, tolls and charges for Town water service and water usage, effective January 1, 2009; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES. OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Water rates and charges. The following monthly rates and charges shall be imposed for water service received through the Town of Firestone water system: 1 Meter Size Residential 5/8" 3/4" I" 1-1/2" 2" Residential Commercial, Industrial, Irrigation, Mobile Home Parks 5/8" 3/4" 1" 1-1/2" 2" 3" 6" Commercial & Industrial Irrigation Only Mobile Home Parks Out-of- Town Rates Base Rate Water Included in Base Charge Rate (Gallons) $ 15.00 $ 22.00 $ 37.00 $ 75.00 $120.00 $ 15.00 $ 22.00 $ 37.00 $ 75.00 $120.00 $225.00 $616.00 -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- Water Charge Per 1,000 Gallons · Gallons Rate 0-5,000 5,001-20,000 Above 20,000 All usage All usage All usage $ 1.40 $ 2.50 $ 4.00 $ 2.20 $ 3.35 $ 2.50 Base rates and gallon charges for any out-of-town service shall be two times the in-Town rates and charges. Section 2. Connection fees, capital investment and repair charges. The following connection fees and capital investment and repair charges shall be imposed, except that the Town of 2 Firestone shall not be required to pay such connection fees for irrigation sprinkler systems for any public parks, rights-of-way, open space, or medians, or any facility developed, owned or paid for by the Town. Capital Connection Investment Capital Meter Charge and Repair Investment Size CWCWD Town CWCWD Total 5/8" $ 5,800 $ 1,000 $ 4,000 $ 10,800 3/4" $ 7,700 $ 1,500 $ 6,000 $15,200 I" $12,500 $ 2,500 $10,000 $25,000 1-1/2" $23,000 $ 5,000 $20,000 $48,000 2" $36,400 $ 8,000 $32,000 $76,400 Connection fees, capital investment and repair charges for taps requiring a meter larger than 2" shall be determined by the Board of Trustees on an individual basis considering such factors as type of use, contemplated volume demand for water, effect on the entire water system in the Town, connection charge and capital investment fees imposed by CWCWD, and all other factors relevant to the application. All taps requiring a meter larger than 2" and all taps applied for where the service requested is outside of the Town limits shall be by contract with the Board of Trustees. Out-of-town taps of 2" or less shall be charged fees at two times the amount of in-Town fees. Pursuant to the terms of an Intergovernmental Agreement for Water Main Extension ("Agreement") by and between the Town, the CWCWD, the Town of Frederick, and the City of Dacono dated February 16, 1994, the foregoing connection fees may be reduced by the amount set forth below for new water taps purchased to provide water service to any lot platted prior to January I, 1994, which lot is located within the then-existing boundaries of the Town. Such reduction shall only apply to the first twenty five (25) water taps purchased for such platted lots after CWCWD has completed the water line and increased its fees in accordance with the Agreement. Meter Tap Size 5/8" 3/4" I" 1-1/2" 2" Reduction Amount $ 2,000 $ 3,000 $ 5,000 $10,000 $16,000 Section 3. Construction Hydrant Meter Rental Terms. The following fees shall be imposed for hydrant meters supplied by the Town for construction water use. A Hydrant Connection Permit must be obtained from the Town Clerk prior to any water being used from any fire hydrant. Such permit shall be valid for a period not to exceed 6 monihs. 3 Deposit Administration Fee Meter Rental Late Charge Water Usage Rate $ 1,500.00 per meter $ 25.00 per permit $ 2.00 per day $ 5.00 per day $ 2.50 per 1,000 gallons Section 4. Meter & Yoke Fees. The following fees shall be imposed for Meter and Yoke assemblies installed by the Town for new service connections; such fees for taps requiring a meter larger than 2" shall be as set by contract with the Board of Trustees: Meter Tap Size 5/8" -3/4" I" 1-1/2" Commercial 1-1/2" Irrigation 2" Commercial 2" Irrigation Meter & Yoke Fee $ 795 $ 860 $ 1,060 $3,170 $2,460 $4,100 $3,045 Section 5. This Resolution shall become effective on January I, 2009. Section 6. All other resolutions or portions thereof inconsistent or conflicting with this resolution or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. PASSED AND ADOPTED THIS / / '-/A. DAY OF C1. C,J m IJ..t r., 2008. TOWN OF FIRESTONE, COLORADO. Chad Auer, Mayor ATTEST: 4 RESOLUTION No. oi-xl A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE OWEN QUARTER HORSES ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Owen Quarter Horses Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, ifrequested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. Section 3. in the petition. No election is required under§ 31-12-107(2), C.R.S. No additional terms and conditions are to be imposed except any provided for Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, January 22, 2009, at 7:00 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property ifrequested in the petition. 1 Sectiori 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property ifrequested in the petition. INTRODUCED, READ, and ADOPTED this 11 th day of December, 2008. ATTEST: l H od~_,£7 Town 1218/2008 1: IS PM lkkh]S:\Firestone\Annexation\Owen Quarter Horses.comp res.doc 2 Chad Auer Mayor EXHIBIT A LEGAL DESCRIPTION OWEN QUARTER HORSES ANNEXATION A PARCEL OF LAND LOCATED IN THE NORTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF. SECTION 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 18; THENCE S 00°00'00" W ALONG SAID EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 18, A DISTANCE OF 50.00 FEET; THENCE N 89°05'43" WA DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF FRONTIER STREET (WELD COUNTY ROAD NO. 15) AND THE POINT OF BEGINN:NG; THENCE N 89°05'43" W, PARALLEL WITH AND 50.00' DISTANT FROM THE NORTH LINE OF THE SOUTHEAST QUARTER, A DISTANCE OF 1342.58 FEET; THENCE S 00°00'00" EA DISTANCE OF 1268.03 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 18; THENCE N :38°56'00" W ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 1268.20 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER 0? THE SOUTHEAST QUARTER OF SECTION 18; THENCE N ]0°17 '49" W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 1314.58 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTIO:ll 18; THENCE S 39°05'43" E ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 18, A DISTANCE OF 2617.53 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF FRONTIER STREET (WELD COUNTY ROAD NO. 15) THENCE S 00°00'00" W ALONG THE WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; CONTAININ3 1,740,576 SQUARE FEET OR 39.958 ACRES MORE OR LESS. 3 RESOLUTION NO. 09- A RESOLUTION APPOINTING RONALD W. LAY, CPA TO THE OFFICE OF TOWN TREASURER WHEREAS, Section 2.08.010 of the Firestone Municipal Code requires the Board of Trustees tc• appoint a Town Treasurer; and WHEREAS, the Board •Of Trustees desires to appoint the Town's new Finance Director, Ron Lay, c.S the Town Treasurer; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN or FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby appoints Ron Lay to the office of Town Treasurer effective upon adoption of this resolution. _ l)'ITRODUCED, READ AND ADOPTED BY AT LEAST FOUR AFFIRMATIVE VOTES this~ day of A-itf "~ , 2009. I TOWN OF FIRESTONE, OLORADO Chad Auer Mayor RESOLUTION_ NO. 0 CJ -O I A RESOLUTION REQUIRING A FINDING OF ADEQUATE WATER SUPPLY FOR NEW DEVELOPMENTS IN ACCORDANCE WITH HB 08-1141 AND AMENDING SECTION 14.19 OF THE FIRESTONE DEVELOPMENT REGULATIONS TO REQUIRE SUCH A FINDING WHEREAS, HB 08-1141 (codified at C.R.S. § 29-20-301 et ~ provides that local governments shall not approve an application for a permit for a development that include new water use in an amount more than that used by fifty single-family equivalents unless it determines in its sole discretion that the applicant has satisfactorily demonstrated that the proposed water supply for the development will be adequate; and WHEREAS, the local government shall make such a determination based on the application and a water supply report or a letter from the water supply entity stating it is willing and able to, provide adequate water supply submitted by the applicant; and WHEREAS, if the water for the new development is provided by a water supply entity that has a water supply plan meeting certain minimum requirements, the applicant need not submit a water supply report or letter; and WHEREAS, the Town is a water supply entity pursuant to HB 08-1141; and WHEREAS, the Town has adopted a Water Conservation Plan, Raw Water Master Plan, and other :ilans, which the Town believes satisfy the minimum requirements for water supply plans set forth in HB 08-1141 ; and WHEREAS, the Town desires to rely upon these plans to satisfy the documentation requirements of HB 08-1141; and WHEREAS, the Board of Trustees desires to amend Section 14.19 of the Firestone Development Regulations to require a specific finding within the development review process that the ap:ilicant has satisfactorily demonstrated that the proposed water supply is adequate; and WHEREAS, all required notices and public hearings concerning the adoption of such amended Firestone Development Regulations have been provided; and WHEREAS, the Firestone Planning Commission, after notice and hearing, has recommended the Town Board adopt the proposed amendment to Section 14.19 of the Firestone Development Regulations; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town, pursuant to HB 08-1141, shall not approve an application for a permit for a development that include new water use in an amount more than that used by fifty single-family equivalents unless it determines, in its sole discretion, that the applicant has satisfactorily demonstrated that the proposed, water supply for the development will be adequate, Section 2. If the water for the new development is provided by a water supply entity that has a water supply plan meeting certain minimum requirements, the applicant need not submit the water supply report or letter described in HB 08-1141. The Town is a water supply entity pursuant to HB 08-1141. The Town has adopted a Water Conservation Plan, Raw Water Master Plan, and other plans which the Town believes meets the documentation requirements of HB 08-1141, and the Town desires to rely upon these plans to satisfy the documentation requirements of HB 08-1141. Section 3. Section 14.19 of the Firestone Development Regulations 1s hereby amended to read as follows (words to be added are underlined): 14.19 Approval Block A. An approval block shall appear on each sheet of the final utility plan set. Space shall be provided for approval signatures by the Town and the appropriate water and sanitation districts. Other approval signatures may be required for ditch companies, oil and gas companies, or other agency. For developments that include new water use in an amount more than that used by fifty single-family equivalents, the Town's execution of the final utility plan constitutes a determination that the Applicant has satisfactorily demonstrated, in accordance with C.R.S. § 29-20-303, that water supply will be adequate for the development covered by such utility plan and related final development plan; such determination being subject to compliance with the applicable subdivision or development agreement and all other applicable agreements, requirements, and approved plans. B. The following is an example of a typical approval block that should be modified for specific conditions. TOWN OF FIRESTONE Utility Plan Approval Approved: Cl~ b Date: Town of Firestone Approved: Date: Sanitation District Approved: Date: Ditch Com any 2 Section 4. The repeal or modification of any portion of the Firestone Development Regulations by this resolution 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 5. If any portion of the Firestone Development Regulations as amended by this resolution is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of such Regulations or this resolution. The Town Board hereby declares that it would have approved and adopted such Regulations and each part thereof irrespective of the fact that any one part be declared invalid. INTRODUCED, READ, and ADOPTED this g---lJ., day of »a ,u,1, °=3-, 2009. ATTEST: ~L~ x.~~ tlyH~ood Town Clerk 11/\0/08 I :46 PM[mac]S:loffice\fircstonelres\Adequate,Water Supply.res 3 TOWN OF FIRESTONE, COLORADO CL..J j __ Chad Auer ,Mayor RESOLUTION NO. 00-0.::L. A RESOLUTION DESIGNATING THE PLACE FOR POSTING OF NOTICES OF MEETINGS OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE. WHEREAS, Senate Bill 91-33 requires the Board of Trustees to designate the public place or places for posting of notices of the Board's public meetings. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to Section 24-6-402(2)(C), C.R.S., notices of meetings of the Board of Trustees of the Town of Firestone shall be posted at the front entrance window of the Firestone Town Hall, 151 Grant Avenue, Firestone, CO 80520. Meeting notices may additionally be published on the Town's website, www.ci.firestone.co.us. :,..I}, INTRODUCED, READ, and ADOPTED this 2.___ day of J-anu 7 2009. ATTEST: Ji£~~,,_(; own Clerk TOWN OF FIRESTONE, COLORADO CtJ Chad Auer Mayor , I RESOLUTION NO. 09 -03 A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE OWEN QUARTER HORSES ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION WHEREAS, a petition for annexation of property described in Exhibit A attached hereto has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: that: Section 1. The To"'n Board finds and concludes, based on the evidence in the record, I. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone; in accordance with Section 31-12-104(l)(a), C.R.S., contiguity may be established by the annexation of two or more parcels in a series, and in accordance with Section 31-12-105(l)(e)(I), C.R.S., contiguity may be established by the annexation of a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natwal or artificial waterway. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. 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. The annexation of the territory proposed to be annexed will not result in the detachment of area fr?m any school district. h. 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. 1. The territory proposed to be annexed is 39.958 acres, more or less. J. The Master Plan adopted by the Board of Trustees of the Town of Firestone shall serve as the plan for the area proposed to be annexed, in accordance with Section 31-12'.105(1)(e), C.R.S. k. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of F:irestone 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 Town. Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January I next ensuing. 5. No election for annexation of the area proposed to be annexed has been held in the preceding twelve months, and no election is required under Sections 31-12- 107(2), -114, or -112, C.R.S. 6. No additional'terms and conditions are to be imposed other than those set forth in the annexation petition, the annexation agreement, or otherwise agreed to by all owners. 7. The landowners of one hundred percent (100%) of the area proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and Section 31-12-107(1 ), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the · laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. INTRODUCED, READ, and ADOPTED thi~ay of ~Cl~ , 2009. ATTEST: ~od;(.~ Town Clerk Chad Auer Mayor EXHIBIT A LEGAL DESCRIPTION OWEN QUARTER HORSES ANNEXATION A PARCEL OF LAND LOCATED IN THE NORTH ONE-HALF OF THE SOUTHEAST ONE-QUAR·rER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 18; THENCE S 00°00'00" W ALONG SAID EAST LINE OF THE SOUTHEAST ONE- QUARTER OF SECTION 18, A DISTANCE OF 50.00 FEET; THENCE N 89°05'43" WA DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF FRONTIER STREET (WELD COUNTY ROAD NO. 15) AND THE POINT OF BEGINNING; THENCE N 89°05'43" W, PARALLEL WITH AND 50.00' DISTANT FROM THE NORTH LINE OF THE SOUTHEAST QUARTER, A DISTANCE OF 1342.58 FEET; ' THENCE S 00°00'00" EA DISTANCE OF 1268.03 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 18; THENCE N 88°56' 00" W ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 1268.20 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18; THENCE N 00°17'49" W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 1314.58 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 18; THENCE S 89°05'43" E ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 18, A DISTANCE OF 2617.53 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF FRONTIER STREET (WELD COUNTY ROAD NO. 15) THENCE S 00°00'00" W ALONG THE WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; CONTAINING 1,740,576 SQUARE FEET OR 39.958 ACRES MORE OR LESS. RESOLUTION No.Q5i:-OL{ A RESOLUTION APPROVING A REVOCABLE LICENSE AGREEMENT BETWEEN THE TOWN OF FIRES.TONE AND THE FREDERICK-FIRESTONE FIRE PROTECTION DISTRICT FOR PLACEMENT OF TWO DISTRICT COMMUNICATIONS ANTANNAE ON A TOWN-OWNED WATER TANK WHEREAS, the Frederick-Firestone Fire Protection District ("District") desires to install on a Town-owned water tank two antennae to facilitate point-to-point communications between the District's fire stations; and WHEREAS, the Town is willing to grant the District a revocable license for such purpose, in the form of license agreement accompanying this Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1. The proposed Revocable License Agreement ("Agreement") between the Town of Firestone and the Frederick-Firestone Fire Protection District for the District's installation of two communications antennae on a Town-owned water tank, is hereby approved in essentially the same form as the copy of such Agreement accompanying this Resolution. 2. The Mayor is authorized to execute the Agreement, except that the Mayor is hereby granted the authority to negotiate and approve such revisions to said Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the ·essential terms and conditions of the Agreement are not altered. 3. The Mayor, Town Manager, Town Administrator and Town Staff are further authorized to do all things necessary on behalf of the Town to perform the obligations of the Town under the Agreement, and to execute and deliver any and all documents necessary to effect the license provided for under such Agreement, upon the District's compliance with its obligations thereunder and all terms and conditions of said Agreement. Attest: ~ INTRODUCED, READ AND ADOPTED this I :2: day of -K0(1A.Ov•/ , 2009. --I TOWN OF FIRESTONE, COLORADO Chad Auer Mayor RESOLUTION NO. 09-~ ' A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR MACHII-ROSS PETROLEUM COMPANY TO LOCATE AN OIL AND GAS WELL WITHIN THE TOWN OF FIRESTONE WHEREAS, Machii-Ross Petroleum Compaiiy (hereinafter "Machii-Ross" or "Applicant") has submitted to the Board of Trustees of the Town of Firestone an application for a special use permit to locate within the Town an oil and gas well referred to as the proposed Kugel 32-1 SJ Well; and WHEREAS, Machii-Ross has submitted the application and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the proposed special use have been reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission on February 4, 2009 held a properly noticed public hearing on the proposed special use permit application, and has forwarded to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, after a duly-noticed public hearing, at which evidence and testimony were entered into the record, the Board of Trustees finds the special use request for the proposed Kugel 32-ISJ Well should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the special use permit request of Machii-Rc,ss Petroleum Corporation for location of the proposed Kugel 32-ISJ Well within the Town of Firestone, on the Kugel property that is more particularly described in Exhibit A attached hereto, subject to the following conditions: I. The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission's initial Permit to drill the well or one year from the date of· Town approval, whichever is later, if operations for the well are not commenced by such I date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits, waivers, variances and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 5. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County. 6. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 7. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. AppLcant shall be responsible for all damages to such interests of the Town that are caused by the Applicant. 8. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as-needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 9. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations. The well site and tank battery and separator areas shall be secured and screened by chain link fencing with "solid" tan aluminum or vinyl lathing. I 0. Water sources for drilling activitie~ shall be from the Town of Firestone, if a water tap is utilized. 11. Machinery at the site shall be well-oiled and well-maintained to mitigate noise. 12. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 2 ~ 13. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 14. During drilling, use a tarp around drilling floor and drawworks to muffle sound. 15. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 16. To th-~ extent reasonably possible, keep the door to the drill rig engine closed. 17. Revise plans to conform to redline comments of the Town Engineer. 18. The use of pump jacks shall be limited to those running on electric motors. 19. The cirilling rig used for drilling operations shall be Model CAZA-54 or equivalent type of drill rig. 20. The applicant shall place a gravel apron at the Frontier Street access point. 21. The well will need to be screened with the Town's standard fence and screening detail. ,.JI. INTRODUCED, READ AND ADOPTED this Zb day of f<:bru arj , 2009. Attest: 3 TOWN OF FIRESTONE, COLORADO Chad Auer Mayor EXHIBIT A: Well Location THE NORTH ONE-HALF OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, EXCEPTING THEREFROM THOSE PORTIONS OF SAID LAND AS CONVEYED BY INSTRUMENTS RECORDED MAY 17, 1909 IN BOOK 305, PAGE 15; MAY 3, 2000 AS RECEPTION NO. 2765844; AND RIGHT OF WAY ALONG WELD COUNTY ROAD 15 PER DOLLAGHAN ANNEXATION TO THE TOWN OF FIRESTONE RECORDED AT RECEPTION NO. 2520155 AND 2520156, BOOK 1577, PAGES 26 AND 27, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, T2N, R67W OF THE SIXTH P.M., . AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18 TO BEAR S00"53'21"E WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER N89"15'53"W, 30.01 FEET TO THE NORTHEAST CORNER OF A QUIT CLAIM DEED RECORDED AT RECEPTION NO. 2765844 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE EASTERLY BOUNDARY OF SAID QUIT CLAIM, S00"53'21 "E, 50.02 FEET (PREVIOUSLY RECORDED AS S00"53'19"E) 50.02 FEET TO THE SOUTHEAST CORNER OF SAID QUIT CLAIM, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY OF WELD COUNTY ROAD 15, AND SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE WESTERLY RIGHT OF WAY OF WELD COUNTY ROAD 15 AS DESCRIBED IN SAID DOLLAGHAN ANNEXATIONS NOS. 1 AND 2 TO THE TOWN OF FIRESTONE, S00"53'21"E, 2590.25 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18, N89"06'39"W, 2618.37 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 18; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18, N89"07'55"W, 2105.37 FEET TO THE EASTERLY LINE OF SAID PARCEL OF LAND CONVEYED TO THE UNION PACIFIC RAILROAD COMPANY AS RECORDED IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER IN BOOK 305 AT PAGE 15, ALSO BEING THE EASTERLY LINE OF THAT PARCEL OF LAND CONVEYED TO THE TOWN OF FIRESTONE AS RECORDED IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER UNDER RECEPTION NO. 2538622 IN BOOK 1596; THENCE ALONG SAID EASTERLY LINE N00"16'49"E, 2568.35 FEET TO THE SOUTHWEST CORNER OF SAID QUIT CLAIM DEED RECORDED AT RECEPTION NO. 2765844; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID QUIT CLAIM THE FOLLOWING TWO (2) COURSES: 1) S89°30'49"E, 2079.21 FEET, (PREVIOUSLY RECORDED AS S89"30'43"E, 2079.10 FEET); 2) S89°15'53"E, 2591.50 FEET, (PREVIOUSLY RECORDED AT S89°15'55"E, 2591.57 FEET) TO THE SOUTHEAST CORNER OF SAID QUIT CLAIM, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF WELD COUNTY ROAD 15AND THE POINT OF BEGINNING. 4 SAID PARCEL CONTAINS 278.32 ACRES MORE OR LESS (12,123,514 SQUARE FEET). 5 RESOLUTION NO . .Q.:1.:-0 0 A RESOLUTION ESTABLISHING STORMW ATER UTILITY SERVICE FEES WHEREAS, pursuant to the state law and the Firestone Municipal Code, the Board of Trustees is authorized to fix, establish, maintain and provide for the collection of rates, fees, and charges for storrnwater utility services furnished by the Town; and WHEREAS, the Board of Trustees by this resolution desires to establish the storrnwater utility service fees to be charged effective March 1, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF • THE TOWN OF FIRESTONE, COLORADO: · I. For storrnwater utility services provided by the Town, the following utility service fees shalf apply and be charged effective March 1, 2009: A.· For single-family detached and duplex attached residential properties, there shall be charged a base service fee (A) and a developed se_rvice fee (B) as set forth in the table below. For such properties, there are established three billing tiers based on lot area, as set forth in the table below. B. For all properties other than single-family detached and duplex attached residential properties, there shall be charged a base service fee (A) and a developed service fee (B) as set forth in the table below. C. For all properties,. the total storrnwater utility fee shall be the sum of the base service fee (A) and the developed service fee (B). Lot area refers to the actual lot area of the subject property. Impervious area is as determined by the town subject to the provisions of chapter 13.11 of the Firestone Municipal Code. · · D. Storrnwater Utility Fee Table: Commercial/Industrial/Multi- family Lot Area X $0.0000149/sf/month 1 Impervious Area X $0.000507 /sf/month A+B E. For purposes of this fee schedule, the Developed Service Fee is imposed from and after the time there is impervious surface area on the property. F. Pursuant to Section 13.11.040.C, the following properties are exempt form the services rees set forth herein: All railroad rights-of-way; public highways, roadways, streets, and alleys; and all facilities and land owned by the town, county, state, and federal government, and any wate~ district, sanitation district, fire protection district, school district, or library district. . "'1 INTRODUCED,READANDADOPTEDthis z, dayof teh11-1arf ,2009. TOWN OF FIRESTO , COLORADO Mayor Attest: 2 oq-07 RESOLUTION IN SUPPORT OF THE SOUTHWEST WELD ECONOMIC DEVELOPMENT INITIATIVE WHEREAS economic development results in an overall improvement of the standard of living, and is an essential component of community success, and WHEREAS the practice of economic development is a highly competitive activity, with several thousand active economic development organizations across the country-resulting in the need for effective marketing and positioning, and WHEREAS jurisdictional boundaries are largely unimportant to companies considering expansion or relocation: resulting in a heightened importance being given to regional considerations-particularly in areas sucra as labor force, transportation, higher education and .access to markets, and WHEREAS Colorado iri general, and the Front Range in particular continue to be highly attractive locations for prospective employers, and WHEREAS it is increasingly important to present viable regional solutions in order to enhance area attractiveness and secure corporate locations, and WHEREAS the Southwest quadrant of Weld County, bounded generally by Highway 60 on the north, and by Hi9hway 85 on the east, including the communities of Berthoud, Brighton, Dacono, Erie, Firestone, Fort Lupton, Frederick, Johnstown, Mead, Milliken and Platteville, has identified many tangible regional assets attractive to primary sector employers, and WHEREAS Upstate Colorado Economic Development, as the lead economic development corporation serving all of Weld County, has convened the communities within the aforementioned geographic boundaries for the purpose of structuring a collaborative economic development strategy for the retention and attraction of primary sector employers that focuses on that region, and has developed a mission, \'ision, goals, objectives and strategies associated with that effort, NOW THEREFORE, the Sc,sivM. '.Board af "TYuriu.s endorses the Southwest Weld Eco,1omic Development Initiative in principle. Furthermore, we encourage regipnal leadership in business, government, education and the nonprofit community to actively support the collaborative efforts of those associated with the Initiative, and to do all they can to assist with the Initiative's implemer.tation, advancing the economic fortunes of our area. Signatory Date RESOLUTION NO. 09-0 '8' A RESOLUTION APPROVING SPECIAL USE PERMITS FOR ENCANA OIL & GAS (USA), INC., TO LOCATE FIVE OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE WHEREAS, EnCana Oil & Gas (USA) Inc. (hereinafter "EnCana" or "Applicant") has submitted an application and supporting materials pursuant to Chapter 15 .48 of the Firestone Municipal Code for special use permits to locate within the Town five oil and gas wells referred to as the proposed Grant 23-11, 2-8-11 and 3-6-11 and Hurt 43-11 and 7-8-11 Wells; and WHEREAS, all materials related to the requested special use permits have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the proposed special use permits and adopted its Resolution No. PC-09-05 forwarding to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed special use permit and has held a properly noticed public hearing on the application, at which hearing the applicant and other interested persons presented testimony to the Board and at which a number of documents' were made a part of the record; and WHEREAS, the Board of Trustees finds that the proposed special use permits for the oil and gas wells should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees does hereby approve the special use permit requests of EnCana Oil & Gas (USA), Inc. for location of the Grant 23-11, 2-8-11 and 3-6-11 and Hurt43-11 and 7-8-11 Wells within the Town of Firestone, in the location more particularly described in Exhibit A attached hereto, subject to the following conditions: 1. The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. 1 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits, waivers, variances and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 5. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County. 6. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 7. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town that are caused by the Applicant. 8. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as-needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 9. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. The well site and tank battery and separator areas shall be secured and screened by chain link fencing with "solid" tan aluminum or vinyl lathing. 10. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 11. Machinery at the site shall be well-oiled and well-maintained to mitigate noise. 2 12. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 13. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 14. During drilling, use a tarp around drilling floor and drawworks to muffle sound. 15. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 16. To the: extent reasonably possible, keep the door to the drill rig engine closed. 17. Revise plans to conform to redline comments of the Town Engineer. 18. The use of pump jacks shall be limited to those running on electric motors. 19. The drilling rig used for drilling operations shall be Model CAZA-54 or equivalent type of drill rig. 20. The well will need to be screened with the Town's standard fence and screening detail. 21. Provide a gravel apron to be placed at the Sable Avenue access point. 22. An Overweight Permit from the Town is required for moving the drilling rig. 23. Replace Page 8 of the Operating Plan with the Page 8 attached to this Staff Report. 24. In the last Note on the Site Plan Map, change "Frederick" to "Firestone". 25. Provide evidence that the appropriate fire district has approved the emergency and fire protection plans. INTRODUCED, READ, AND ADOPTED this 2nd day of April, 2009. 3 TOWN OF FIRESTONE, COLORADO Chad Auer Mayor ATTEST: 3/23/2009 2:24 PM [kk:1] S:\Firestone\.5ulxlivisions\Encaaa.S Wells. TB.res (2009).doc 4 EXHIBIT A: Well Locations Grant 23-11, Grant 2-8-11, Grant 3-6-11, Hurt 43-11 and Hurt 7-8-11 Wells EnCana Oil and Gas (USA) Inc. A parcel cf land being part of Lot B of Recorded Exemption No. 1313-11-4-RE-3182, a Recorded Exemption located in the southeast 1/4 of Section 11, Township 2 North, Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado, according to the plat recorded February 11, 2002 at Reception No. 2924195 of the Weld County records, more particularly described as follows: Commencing at the south quarter corner of said Section 11; thence north 00°12'30" east, along the west line of said southeast 1 /4 of said Section 11 a distance of 30.00 feet to the point of beginning; Thence continuing along said west line north 00'12'30" east, a distance 2632.77 feet to the northwest corner of said southeast 1/4; Thence south 89°33'40" east, along the north line of said southeast 1/4 a distance of 2572.99 feet to a point on the west right-of-way line of Birch Street (Weld County Road 11 ); Thence south 00°06'55" east, along said west right-of-way line a distance of 273.58 feet to a point on the northerly line of Monarch Estates first filing, recorded at Reception No. 2911121 of said Weld County records; Thence along the northerly line of said Monarch Estates first filing the following three (3) courses: 1.) South 66°52'18" west, a distance of 244.14 feet; 2.) South 40°28'51" west, a distance of 191.92 feet; 3.) South 60'02'29" west, a distance of 155.40 feet to the northeast corner of Monarch Estates 2nd filing, recorded at Reception No. 2911123 of said Weld County records; Thence along the northerly and westerly lines of said Monarch Estates 2nd Filing the following twelve (12) courses: 1.) South 83°31'45" west, a distance of 126.52 feet; 2.) North 82°12'00" west, a distance of 255.50 feet; 3.) South 81°50'14" west, a distance of 132.22 feet; 4.) South 65°58'11" west, a distance of 225.10 feet; 5.) South 62°43'10" west, a distance of 82.47 feet; 6.) South 50°33'38" west, a distance of 326.83 feet; 7.) South 30°26'34" west, a distance of 128.34 feet; 8.) South 19'52'16" west, a distance of 126.45 feet; 9.) South 14'42'04" west, a distance of 209.51 feet; 10.) South 00'46'36" west, a distance of 121.43 feet; 11.) South 11 '07'06" east, a distance of 158.82 feet; 12.) South 04°26'17'' east, a distance of 180.58 feet to the southwest corner of said Monarch Estates 2nd filing; Thence south 00'20'58" west, a distance of 259.48 feet; 5 Thence south 05°34'09" east, a distance of 545.16 feet to a point on the north right-of-way line of Sable Avenue (Weld County Road 22); Thence north 89°35'35" west, along said north right-of-way line a distance of 991.39 feet to the point of be£inning. Containing 3,487,776 square feet or 80.0683 acres, more or less. 6 RESOLUTION NO. 0 CJ-(R A RESOLUTION APPROVING AMENDMENTS TO THE TOWN OF FIRESTONE DEVELOPMENT REGULATIONS TO INCLUDE THE FIRESTONE PARKS DESIGN CRITERIA MANUAL WHEREAS, the Board of Trustees of the Town of Firestone adopted the Town of Firestone Development Regulations to provide a clear and efficient development application and review process for all land development applications, to assist in the implementation of the Town's Master Plan, to assure that all necessary information is available to the decision-making bodies, and to assist in the orderly planning for and implementation of the Town's growth and development policies; and WHEREAS, the Firestone Parks Design Criteria Manual (the "Parks Manual") has been prepared to provide a reference document for land developers in fulfilling required park, trail and open space development obligations and to serve as a reference document for the Town in upgrading its existing park and trail facilities; and WHEREAS, the Firestone Planning and Zoning Commission has held a duly-noticed public hearing to consider the proposed Parks Manual and adopted Resolution No. PC 09-07 recommending approval of amendments to the Development Regulations to include the Parks Manual; and WHEREAS, all materials related to the adoption of the proposed Parks Manual have been reviewed by Town Staff and found to be in compliance with Town ordinances, regulations, and policies; and WHEREAS, the Board of Trustees has held a duly-noticed public hearing to consider the proposed Parks Manual; and WHEREAS, based on the recommendations of the Planning and Zoning Commission and Town Staff, and the testimony of the witnesses and the documents made a part of the record of the public hearing, the Board of Trustees finds that the proposed Parks Manual should be adopted as an exhibit to the Development Regulations in essentially the same form as accompanies this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees· hereby adopts the proposed Firestone Parks Design Criteria Manual (the "Parks Manual") as an exhibit to the Town of Firestone Development Regulations, in essentially the same form as accompanies this Resolution, and directs Town Staff to make appropriate revisions to the Development Regulations to incorporate and refer to the Parks Manual. INTRODUCED, READ, and ADOPTED this 26 th day of March, 2009. 3/25/2009 4: 19 PM [kl:h) S:\Firestone\Resolution\Parks Manual.doc 2 TOWN OF FIRESTONE, COLORADO Chad Auer Mayor RESOLUTION NO. 09-10 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE WELD COUNTY CORONER'S OFFICE AND THE TOWN OF FIRESTONE CONCERNING THE ESTABLISHMENT OF SECURITY FOR TEMPORARY MORGUES IN THE EVENT OF A MASS FATALITY INCIDENT WHEREAS, there has been proposed a Memorandum of Understanding ("Agreement") between the Weld County Coroner's Office and the Town of Firestone to provide for inter-agency cooperation concerning the establishment of security for any temporary morgue in the event of a mass fatality incident; and WHEREAS, such Agreement sets forth the overall mission concerning the protection and preservation of the integrity of bodies, personal effects, and evidence as a result of a mass fatality incident and delineates the responsibilities between participating member agencies, to include the Town of Firestone; and WHEREAS, the Town is authorized to enter into such Agreement and finds that such Agreement is in the best interests of the Town and its citizens. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Memorandum of Understanding ("Agreement") between the Weld County Coroner's Office and the Town of Firestone concerning the establishment of security for any temporary morgue in the event of a mass fatality incident is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2. The Mayor is hereby authorized to execute the Agreement on behalf of the Town, and. is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so kmg as the essential terms and conditions of the Agreement are not altered. Section 3. All financial obligations of the Town under the Agreement are subject to appropriation of funds in the sole and absolute discretion of the Board of the Trustees of the Town, and nothing herein or in such Agreement is intended or shall be construed to create any multiple-fiscal year direct or indirect Town debt or fiscal obligation whatsoever. INTRODUCED, READ, and ADOPTED this 2nd day of April, 2009. 3/19/2009 3:47 PM [ma:) S:\Firestone\Resolutio111.We!d Co. Coroner MOU.res.OOc Tc 0FI~E, COLORADO Chad Auer Mayor /.•·rowN . SEAL ··...... .. OFFICE OF THE CORONER/MEDICAL EXAMINER Patrick C. Allen, M.D., Coroner/Medical Examiner 905 10th Avenue Greeley, CO 80631 Website: www:co.weld.co.us Phone: 970°392-4545 Fax: 970-392-4546 Memorandum of Understanding Between The Weld County Coroner's Office And Law Enforcement Agencies of Weld County This Memorandum of Understanding (MOU) establishes an agreement between The Weld County Coroner'.s Office and Law Enforcement Agencies of Weld Couniy. I. MISSION The mission is to protect and p1·eserve the integrity of the bodies, personal effects, and evidence·as a result of a Mass.Fatality. II. PURPOSE AND SCOPE The purpose of this agreement is to establish security, which jurisdictional Law Enforcement Agencies in Weld County will provide, for any temporary morgue in the event ofa Mass Fatality Incident. Ill. RESPONSIBILITIES Each Law Enforcement Agency will appoint a Police Officer/Deputy to serve as the official contact and coordinate the. activities with the Weld County Coroner's Office designee to carry out this MOU. · IV. TERMS.OF UNDERSTANDING 111e tt:m1 of this MOU is for a period offive years from the effective date of this agreement and ma)'be extended upoii written inutual agreement It shall be reviewed at least annually to ,~nsure that.it is fulfilling its purpose and to make any necessary revisions. AUTHORIZATION The signing of this.MOU is not a formal undertaking. It implies.that the signatories wiH strive. to reach, to the best of their ability, the objectives stated in the MOU. On behalfofthe ____________ , I wish to signth,s MOU and contribute to its further development. The Weld County Coroner's Office Date Partnering Organization: Date RESOLUTION NO. 09-/ / A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR BURGER KING @ FIRESTONE CITY CENTRE · WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final development plan for Burger King@ Firestone City Centre; and WHEREAS, all materials related to the proposed final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and i WHEREAS, the Board of Trustees has duly considered the proposed final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone does hereby approve the proposed final development plan for Burger King @ Firestone City Centre, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ AND ADOPTED this 9th day of April, 2009. ATTEST: ~,~-'~ own Clerk 1 TOWN OF FIRESTONE, COLORADO Chad Auer Mayor General EXHIBIT A Final Development Plan Conditions of Approval Burger King @ Firestone City Centre 1. Provide a copy of Item #40 noted in the Title Commitment "Terms, conditions, provisions, agreements and obligations specified under the Grant of Easement, which was recorded July 14, 2008 at Reception No. 3566112." 2. Prior to recordation, petition for inclusion into the Carbon Valley Recreation District and provide the Town with a copy of the petition. 3. Address Town Engineer comments and redlines. FDP 4. On Sheet 1, modify the legal description pursuant to direction from the Town Engineer. 5. Add a note that, prior to issuance of a Building Permit, a structural design of the retaining wall along with a letter report from a licensed engineer addressing storm flows in the existing channel shall be submitted. Add this note to the general notes on Sheet 1. 6. Add a note addressing the maintenance of the retaining wall. 7. Correct all references to the Owner to THF Firestone Development, LLC. 8. In the Parking section, provide the calculation of how many spaces there are m relationship to building square feet. 9. On Sheet 3, provide measurements for the building footprint. 10. Provide architectural elevations for the retaining wall including height, fascia material, and color scheme in the FDP Sheets. 11. Delete references to "Outlot 9" from Sheets 13 and 15. ' 12. Correct the actual existing water lines on Sheet 15. 13. Confirm the general Note #1 references to the correct owner on Sheet 19. 14. Correct the Title Block to "Filing No. 1 '.' on Sheet 20. 15. Provide a detail for the Monument Sign. 16. Add outdoor seating (minimum three tables, and more as site allows) and revise FDP to show location. 2 17. Appropriately label the elevations on Sheets 17 and 18 as "North," "South," "East" and "West." 18. Replace the details on Sheet 20 with ones of a higher graphic quality, as the current details are difficult to read. 4/6/2009 12: 19 PM [kkb] S:IFirestonelSubdivisions\Burger King FOP.TB.res.doc 3 RESOLUTION NO. 09-/ _;L A RESOLUTION APPROVING THE REQUIRED TREASURER'S BOND AMOUNT FOR THE TOWN OF FIRESTONE. WHEREAS, the Board of Trustees is required by the Town Code to approve the amount of the bond required by the Town Code for the office of Treasurer. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves that the amount of any Treasurer's Bond required for the Treasurer's office for the Town of Firestone be in the face amount of$50,000. Section 2. The Mayor and Town Staff are hereby authorized to execute the Treasurer's Bond on beh1lf of the Town, and are further authorized to negotiate and approve on behalf of the Town such revisions to the Treasurer's Bond as they determine are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the plan documents are not altered. ....,,, INTRODUCED, READ, and ADOPTED this 7 day of _ _,_rn----'----A---JY'---------' 2009. Attest: cJ,vtJ"l '¥5..,...f) Town Clerk TOWN OF FIRESTONE, COLORADO C L.J Jlv-- Chad Auer Mayor RESOLUTION NO. 09-13 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FIRESTONE EIGHTH (8 TH) ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Firestone Eighth (8 th ) Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, · and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, ifrequested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires-to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition; the legal descriptions for which are attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. Section 3. in the petition. No election is required under C.R.S. § 31-12-107(2). No additional terms and conditions are to be imposed except any provided for Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §§ 31-12-104 and 31-12-105, and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday,. June 25, 2009 at 7:00 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property ifrequested in the petition. I Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INT1ODUCED, READ, and ADOPTED this 14th day of May, 2009. Ci./L , Chad Auer Mayor ATTEST: ~~;l.t/k(v.JoocY dy ood 0 Town Clerk EXHIBIT A LEGAL DESCRIPTION -FIRESTONE EIGHTH (8th) ANNEXATION A part of the Right-of-Way for Sable Avenue (Weld County Road 22) located in the NEl/4 of Section 13, T2N, R68W of the 6th P .M., County of Weld, State of Colorado, being the Southerly 20 feet of the 5)-foot Right-of-Way for said Sable Avenue (Weld County Road 22) dedicated by the plat of Buffalo Acres according to the plat recorded January 30, 1968 at Reception No. 1512542 of the Weld Coun:y, Colorado records described as follows: COMMENCING at the NE Comer of said Section 13, from which the Nl/4 Comer of said Section 13 bears N89°09'39''.W, 2662. 72 feet (Basis of Bearing), thence N89°09'39"W, 50.00 feet along the North Line of said NEl/4 of Section 13 to the Northerly Extension of the Westerly Right-of-Way Line of Colorado Boulevard (Weld County Road 13); thence S00°15'17"W, 30.00 feet along said Northerly Extension to the intersection of the Southerly Line of Firestone Sixth Annexation with the Westerly Line of Firestone 7th Annexation and the POINT OF BEGINNING; Thence N89°09'39"W, 2612.72 feet along said Southerly Line of Firestone Sixth Annexation being contiguous with the Town of Firestone Corporate Boundary to the West Line of said NEl/4 of Section 13; Thence S00°15'1 l "W, 20.00 feet along said West Line of the NEl/4 of Section 13 being also the Easterly Line ofStoneridge Annexation and being contiguous with the Town of Firestone Corporate Boundary to the Southerly Line of said 50-foot Right-of-Way for Sable A venue (Weld County Road 22) dedicated by the plat of Buffalo Acres; 2 Thence S89°09'39"E, 2612. 72 feet along said Southerly Right-of-Way Line to said Westerly Right- of-Way Line for Colorado Boulevard (Weld County Road 13) and a point on said Westerly Line of Firestone 7th Annexation; Thence NOC 0 15'17"E, 20.00 feet along said Westerly Right-of-Way Line for Colorado Boulevard (Weld County Road 13) being also the Westerly Line of said Firestone 7th Annexation and contiguous with the Town of Firestone Corporate Boundary to the POINT OF BEGINNING. - Area= 52,254 square feet (1.200 acres), more or less. 3 RESOLUTION NO. 09-14 A RESOLUTION AMENDING THE FIRESTONE DEVELOPMENT REGULATIONS CONCERNING EXTENSIONS OF TIMES TO SUBMIT FINAL DOCUMENTS WHEREAS, the Board of Trustees desires to approve amendments to the Firestone Developme::it Regulations relating to extensions of times to submit final documents; and WHEREAS, the Firestone Planning Commission has held a duly-noticed public hearing regarding revisions to Firestone Development Regulations regarding the subject matter of this resolution, and the Town Board has considered such recommendation; ' NO'IV, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 7.39 of the Firestone Development Regulations is hereby amended to read as follows (words to be added are underlined; words to be deleted are striekeH through): 7.0 Outline Development Plan 7.39 Final Document Preparation, Review and Recording Subsequent to any approval by the Town Board, the Applicant shall provide the Town with a paper copy of all documents amended by the Applicant, pursuant to conditions imposed by the Town Board. The Town Staff will review these amended documents relative to any Town Board conditions. Once the documents appear satisfactory to the Town Staff relative to the noted conditions, the Town Staff will request the final documents be delivered to the Town for recording (See Exhibit R for the proper number and material of all final documents). The Town AElmillistfatsr Manager or his or her designee will be responsible for recording all final documents. All resubmittals after Town Board approval shall be made prc-mptly in order to permit recording of final documents within 120 days of the date of Town Board approval. If, through no fault or delay of the Town, final documents have not been presented for recording within 120 days the date of Town Board approval, the Town Board may call the matter up at a regular Board meeting and may vacate its prior approval for failure of the applicant to perfect the approval though the submission of final drawings. For good cause shown, the Board may provide the applicant an extension of a specified number of Rat mere tliaR 60 days to present final documents for recording. Section 2. Section 8.37 of the Firestone Development Regulations is hereby amended to read as follows (words to be added are underlined; words to be deleted are striekeH thrm1gh): I 8.0 Preliminary Development Plan 8.37 Final Document Preparation, Review and Recording Subsequent to any approval by the Town Board, the Applicant shall provide the Town with a paper copy of all documents amended by the Applicant, pursuant to conditions imposed by the Town Board. The Town Staff will review these amended documents relative to any Town Board conditions. Once the documents appear satisfactory to the Town Staff relative to the noted conditions, the Town Staff will request the final documents be delivered to the Town for recording (See Exhibit S for the proper number and material of all· final documents). The Town Afimillist:Fater Manager or his or her designee will be responsible for recording all final documents. All resubmittals after Town Board approval shall be made promptly in order to permit recording of final documents within 120 days of the date of Town Board approval. If, through no fault or delay of the Town, final documents have not been presented for recording within 120 days of the date of Town Board approval, the Town Board may call the matter up at a regular Board meeting and may vacate its prior approval for failure of the applicant to perfect the approval though the submission of final drawings. For good cause shown, the Board may provide the applicant an extension of a specified number of net mere than eG days to present final documents for recording. Section 3. Section 10.43 of the Firestone Development Regulations is hereby amended to read as follows (words to be added are underlined; words to be deleted are strieken through): 10.0 Final Development Plan 10.43 Final Document Preparation, Review and Recording Subsequent to any approval by the Town Board, the Applicant shall provide the Town with a paper copy of all documents amended by the Applicant, pursuant to conditions imposed by the Town Board. The Town Staff will review these amended documents relative to any Town Board conditions. Once the documents appear satisfactory to the Town Staff relative to the noted conditions, the Town Staff will request the final documents be delivered to the Town for recording (See Exhibit U for the proper number and material of all final documents). The Town Admillist:Fater Manager or his or her designee will be responsible for recording all final documents. All resubmittals after Town Board approval shall be made promptly in order to permit recording of final documents within 120 days the date of Town Board approval. If, through no fault or delay of the Town, final documents have not been presented for recording within 120 days of the date of Town Board 2 approval, the Town Board may call the matter up at a regular Board meeting and may vacate its prior approval for failure of the applicant to perfect the approval though the submission of final drawings. For good cause shown, the Board may prov:!de the applicant an extension of a specified number of net mere than eO days to present final documents for recording. Section 4. If any portion of these amendments to the Firestone Development Regulations approved and adopted by this Resolution are held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of such Regulations. The Board of Trustees he~eby declares that it would have approved and adopted such Regulations and each part thereof irrespective of the fact that any one part be declared invalid. ~ INT::lODUCED, READ, and ADOPTED this 23 day of m 4-Y , 2009. ATTEST: TOWN OF FIRESTONE, COLORADO CL-1A-- Chad Auer Mayor 3 _/· owr,,;·- S~-Al, \.. ./ ... . .. RESOLUTION NO. 09-/5 A RESOLUTION APPROVING AN AMENDED FINAL DEVELOPMENT PLAN FOR ARM PETROLEUM WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of an amended final development plan for a retail building for ARM Petroleum located on Lot I of the ARM Petroleum Subdivision, a replat of Lots 2 and 3, Block 3, Del Camino Junction Business Park P.U.D.; and WHEREAS, all materials related to the proposed amended final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed amended final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed amended final development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone does hereby approve the proposed amended final development plan for a retail building for ARM Petroleum located on Lot I of the ARM Petroleum Subdivision, a replat of Lots 2 and 3, Block 3, Del Camino Junction Business Park P.U.D., subject to the following conditions: A. Provide an updated title commitment prior to recordation of the mylars. B. Correct the legal description pursuant to comments from the Town Engineer. C. Relocate the pole sign to the existing southeastern most parking island in the parking lot for the retail building. . ~ INTRODUCED, READ AND ADOPTED thisZX_ day of fY/ ~x ,2009. ATTEST: :f)_~.i~ Town Clerk 5/26/2009 9:33 AM [mac]S:\Firestone\Sulxlivisions\ARM Petroluem.Amend FDP.TBICS.doc TOWN OF FIRESTONE, COLORADO Chad Auer Mayor • • RESOLUTION NO. 09-li_ A RESOLUTION APPROVING A FINAL PLAT AND FINAL DEVELOPMENT PLAN FOR COTTONWOOD COMMERCE CENTRE FILING NO. 1 WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final plat and final development plan for the Cottonwood Commerce Centre subdivision Filing No. 1; and WHEREAS, all materials related to the proposed final plat and final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final plat and final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final plat and final development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone does hereby approve the proposed final plat and final development plan for Cottonwood Commerce Centre Filing No. 1, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. '-f<. INTRODUCED, READ AND ADOPTED this.J[ day of IY)ec '( ,2009. ATTEST: ~ .. ~ ;f.~ yH~od own Clerk TOWN OF FIRESTONE, COLORADO {LJA- Chad Auer Mayor General EXHIBIT A Final Plat and Final Development Plan Conditions of Approval Cottonwood Commerce Centre Filing No. 1 I. Provide a list of Owners of Interest. 2. Provide a copy of the deed of trust set forth in Exception 27 of the title commitment. 3. Enter into a Development Agreement with the Town as prepared by the Town Attorney. 4. Provide a Title Insurance Policy in favor of the Town of Firestone equal to total area of Tract A times $25,000 per acre. Also, provide a partial release of the Deed of Trust from the lender for that area. 5. Confirm that a Storm Water Management Plan has been prepared and acquire the necessary CDPHE permit prior to construction. 6. Modify the application pursuant to Town Engineer comments and redlines. 7. Revise the Exhibit "C" asphalt number and match the Town standard. 8. In the legal description included with the title commitment, correct the missing 2nd Affidavit of Correction (3543999). 9. Revise the AFW 20' water easement legal and exhibit. I 0. Verify vertical datum of any information or data being used from "others" and make any necessary vertical corrections. Final Plat 11. The legal description on the final plat does not match the legal description in the title commitment. Correct this variation. 12. Confirm that outer boundary has been modified pursuant to comments from the Town Engineer on Cottonwood Commerce Centre Preliminary Plat dated 10/31 /08. 13. On Sheet 1, add the missing text to General Note 6 and remove the quotation marks foliowing the statutory citation. 14. On Sheet 1, in the Owner signature block, add "By" before "Valdy Real Estate .... " 15. On Sheet 1, change Range 65 West in General Note #5 to Range 68 West. FDP General 16. Make sure that revised civil sheets are incorporated into the FDP. 17. Include the proposed phasing plan in the FDP sheets. Sheet 2 18. Update or revise dates referenced in the final drainage report, construction schedule, etc. and confirm that these corrected dates are in the final plan set. 19. Modify the Zoning section to state "Planned Unit Development with the Employment Center ("EC") and Regional Commercial ("RC") land use categories limited to a mix of office, office-flex, office-warehouse and light manufacturing." 20. In tl1e Zoning section, Building Height subsection, identify the building height as the actual building height with any appurtenances planned and confirm it is consistent with the height noted on Sheet 8. 21. Provide a copy of the Declaration and Use Regulations for Town review and comment prior to recording. 22. In the Architecture section, second to last sentence, add the following to the end of the sentence "as identified in the elevations on Sheet 8". 23. In the Architecture section, describe any "green" building design features that are going to be incorporated with this facility. 24. Update the Development Schedule section. 25. In the final sentence of the Sign Criteria section, revise "City of Firestone" to "Town of Firestone." 26. In the Signage section, add additional text that notes the materials, color and criteria for individual building wall signs. The final text, color, and criteria shall be subject to approval by the Town Planner. Sheet 3 27. Revise boundary bearings and distances to match corrected plat per preliminary plat comments. 28. Describe in the text how the retaining wall shown on the western property line would be constructed without a temporary construction easement from the property owner to the west or note that such an easement shall first be obtained. That information can be clarified in the Landscape and Site Design section on Sheet 2. In the text section, also confinn that there is not a conflict in building the retaining wall in the existing Sanitation District easement or other easements in the area. 29. Identify the "retaining wall" line work in the Legend. 30. Correct the typos for the "St. Vrain Sanitation District" easement on the western portion of the site. 31. Confinn that all easements are shown on the FDP that are shown on the plat. 32. Confinn that the boundary bearings and distances match the final plat. Sheet 4 33. Remove information that is not pertinent to facilities within this FDP boundary. For example, remove future building B, future parking for building B, and other such information that does not relate to this FDP. Sheet 5 34. Clarify details for the irrigation system for the detention pond and the undeveloped portions of Arbor Street pursuant to comments from the Town Engineer. 35. In the Statement oflntent, in the first sentence correct "Lots" to "Lot". Sheet 6 36. Show the correct waterline layout including the point of connection, meter, backflow preventer, etc. 37. Show all utilities. Sheet 8 38. Revise the detail to show the handrail on the proposed wall. Sheet 10 39. Sheet 10 relates to future proposed improvements that are not a part of this FDP; therefore, remove this Sheet IO and renumber the remaining Sheets. Sheet 11 40. Remove building and parking lot information, etc. that is not a part of this FDP. Only show the necessary grading and utility information. 41. Remove the word proposed or future from specific facilities that will be constructed with this FDP. Sheet 12 42. Sheet 12 relates to future proposed improvements that are not a part of this FDP; therefore, remove this Sheet 12 and renumber the remaining Sheets. Sheet 13 43. Remove building and parking lot information, etc. that is not a part of this FDP. Only show the necessary grading and utility information. 44. Remove the word "proposed" from specific facilities that will be constructed with this FDP. Sheet 14 45. Remove the words "proposed" or "future" from specific facilities that will be constructed with this FDP. Final Utility Plan 46. Modify Utility Plans pursuant to comments from the Town Engineer. S/26/2009 9:33 AM [mac) S:\Firestone\Subdivisions\Cottonwood Cornrneru: Centre Fmals. TB.res.doc RESOLUTION NO. OCf -} 1 A RESOLUTION APPROVING TOWN MEMBERSHIP IN COMMUNITIES FOR WATER, AN UNINCORPORATED NONPROFIT ASSOCIATION WHEREAS, there has been proposed the creation of Communities for Water as an unincorporated nonprofit association governed by the provisions of C.R.S. §§ 7-30-101 to 119, for the purpose of advocating the members' mutual interest for the Northern Integrated Supply Project which provides needed water supplies to communities that are members of the association; and WHEREAS, the Board of Trustees finds it is in the best interest of the Town and its residents that the Town join Communities for Water; and WHEREAS, the Board of Trustees by this resolution desires to approve Town membership in Communities for Water, approve the Bylaws therefor, and designate the Town's Member Representatives thereto; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves membership of the Town of Firestone in Communities for Water, an unincorporated nonprofit association. The Mayor is authorized to execute on behalf of the Town the Declaration of Creation for Communities for Water, the form of which Declaration accompanies this Resolution, except that the Mayor is further granted the authority to negotiate and approve prior to execution of such Declaration revisions thereto that the Mayor determines are in the best interest of the Town. Section 2. The Board of Trustees hereby approves and adopts the Bylaws of Communities for Water in substantially the form accompanying this Resolution. The Town's Member Representative is authorized to negotiate and approve revisions and amendments to said Bylaws that he or she determines are in the best interest of the Town. Section 3. The Board of Trustees appoints the Director of Operations as the Town's member representative, and the Town Manager as the Town's alternative member representative to Communities for Water. Section 4. This Resolution shall be in full force and effect upon its passage and adoption. ~ INTRODUCED, READ, and ADOPTED this~ day of fY)Q. y , 2009. ATTEST: TOWN OF FIRESTONE, COLORADO Chad Auer Mayor ' , SE.Al, \ ~ ' . ' ~ RESOLUTION NO. (29-/ t A RESOLUTION APPROVING AN AMUSEMENT LICENSE FOR SHUBERT SHOWS, INC. TO OPERATE A CARNIVAL ON LOT 3 OF THE FIRESTONE SAFEWAY SUBDIVISION FROM JULY 3 TO 5, 2009 WHEREAS, the Board of Trustees has received an application for an amusement license from Shubert Shows, Inc. requesting approval to operate a carnival on Lot 3 of the Firestone Safeway Subdivision from July 3 to 5, 2009; and WHEREAS, Town staff has reviewed the application, and found that, with conditions, it complies with Chapter 5.12 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees finds that the amusement license should be approved, subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves an amusement license for Shubert Shows, Inc. to operate a carnival on Lot 3 of the Firestone Safeway Subdivision (the "Property") from July 3 to 5, 2009, subject to the terms and condition set forth below: A. The hours of operation of the carnival shall be as follows: a. Friday, July 3 from 5:00 p.m. to 10:00 p.m. b. Saturday, July 4 from I 0:00 a.m. to I 0:00 p.m. c. Sunday, July 5 from 12 p.m. to 4:00 p.m. except for a break in operations from approximately 15 minutes before until the end of the veterans ceremony on July 4. B. The site shall be kept in a clean and sanitary condition, free from all junk, litter and debris, at all times and shall be returned to its original condition no later than July 7, 2009. Operator at its expense shall provide sufficient trash and restroom facilities on site. C. Any and all lighting to be placed upon the Property shall be non-intrusive so as not to constitute a nuisance to any neighboring properties. No lighting may be maintained outside of the hours of operation. D. Have the Amusement License Application notarized. E. Name the Town's officers and employees as additional insureds of the insurance policy. F. Provide an answer to Question 15 of the Amusement License Application to include a description of any construction, substantial repair, or alteration made in the previous 12 months. If the question does not apply, write NIA. G. Submit a traffic control plan approved by the Chief of Police. H. Amend the site plan to describe how the perimeter of the site will be barricaded or defined and to include the dimensions of the points of entry and exit. If fencing will be used, describe in detail the kind of fencing that will be used. The final plan for barricades and fencing is subject to approval by Town Staff. I. Submit details on the parking area, including: the dimensions of the parking area, how many automobiles the parking area will accommodate, the number of automobiles expected each day, details on how the parking area will be barricaded or clearly defined from the carnival rides, and details on anticipated on-street parking. The final parking plan is subject to approval by the Town Staff, and the applicant agrees to secure any additional parking reasonably required by Town Staff. J. Submit written approval by the Frederick-Firestone Area Fire Protection District of the site plan and emergency access provisions, and submit to any site inspections required by the Fire Protection District. K. Submit a certificate showing that each tent or temporary stand has been flame-treated, within one year, by a recognized flame-retardant product, and that fire extinguishers contain necessary certification tags. L. Submit written authorization from the owner or person in lawful possession of the premises upon which the carnival is to be held or conducted. M. Attach a copy of any report of any inspection made of the carnival or amusement rides or devices in the previous twelve months, and a copy of such report of any inspection to be conducted within the next preceding thirty days. N. Submit details regarding the provision of uniformed, trained security personnel (if any). The applicant agrees to provide security personnel reasonably required by Town Staff. 0. Submit an application for a building permit to the Town's Building Department and submit to a site inspection by the Town Building Department. P. The Town shall have the right to enter into the Property at any time during the term of this Agreement for any purpose of the Town. Q: The applicant agrees to indemnify and hold harmless the Town and its officers, agents, and employees from and against all liability, claims, damages, losses, and expenses, including but not limited to, attorneys' fees arising out of, resulting from, or in any way connected with, the applicant's operation of its carnival and other 2 a~tivities on the Property, or with this Resolution or the right and obligations of the a:,plicant hereunder. R. Overnight stay on the property is subject to the following requirements: a. Overnight stay facilities are limited to enclosed vehicles or structures; no tent or open camping is permitted. No camp fires are permitted. b. Overnight stay is allowed only for safety, security and operational personnel of the operator, and limited to a maximum of 20 persons. c. Restroom facilities shall be available overnight by either restroom facilities within RVs/trailers or port-a-lets in the immediate vicinity of the sleeping area. S. Provide current registration with Division of Oil and Public Safety. INTRODUCED, READ, and ADOPTED this Jr-"1 day of J{.JM-,2009. TOWN OF FIRESTONE, COLORADO ATTEST: /'' Tov,,N'·, s~~ \, 3 RESOLUTION NO. 09-/ q ~-- A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FIRESTONE EIGHTH (8™) ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Firestone Eighth (8 th ) Annexation, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Board of Trustees has held a hearing and desires to adopt by resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees finds and concludes that: I. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of C.R.S. §§ 31-12-104 and 31-12-105, as amended, exist or have been met, including: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone or will be contiguous with the Town of Firestone within such time limit as required by C.R.S. § 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of I the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. 1. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. J. The territory proposed to be annexed is comprised of 1.2 acres, more or less. k. A plan is in place, pursuant to C.R.S. § 31-12-105(1)(e). I. If any portion of a platted street or alley is to be annexed, the annexation will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. · 3. Four copies of an annexation map of the area proposed to be annexed have been submitted to the Board of Trustees and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January 1 next ensumg. 2 5. No election for annexation of the area proposed to be annexed has been held in the preceding twelve months, and no election is required under C.R.S. § 31-12- 107(2) or -112. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition, the annexation agreement, or otherwise agreed to by all owners. 7. The landowners of one hundred percent (100%) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and C.R.S. § 31-12-107(1). Section 2. The Board of Trustees concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Board of Trustees, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. '-1'- INTRODUCED, READ, and ADOPTED this ZS day ocfJt.; ,._e_ , 2009. ATTEST: S?tt ,/.'fJwcod yHe od Town C er 3 Chad Auer Mayor EXHIBIT A LEGAL DESCRIPTION FIRESTONE EIGHTH (8 th ) ANNEXATION A part of the Right-of-Way for Sable Avenue (Weld County Road 22) located in the NEl/4 of Section 13, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, being the Southerly 20 feet of the 50-foot Right-of-Way for said Sable Avenue (Weld County Road 22) dedicated by the plat of Buffalo Acres according to the plat recorded January 30, 1968 at Reception No. 1512542 ofbe Weld County, Colorado records described as follows: COMMENCrNG at the NE Corner of said Section 13, from which the Nl/4 Corner of said Section 13 bears N89°09'39"W, 2662.72 feet (Basis of Bearing), thence N89°09'39"W, 50.00 feet along the North Line of said NEl/4 of Section 13 to the Northerly Extension of the Westerly Right-of-Way Line of Colorado Boulevard (Weld County Road 13); thence S00°15'17"W, 30.00 feet along said Northerly Extension to the intersection of the Southerly Line of Firestone Sixth Annexation with the Westerly Line of Firestone 7th Annexation and the POrNT OF BEGrNNrNG; Thence N89°09'39"W, 2612.72 feet along said Southerly Line of Firestone Sixth Annexation being contiguous with the Town of Firestone Corporate Boundary to the West Line of said NEl/4 of Section 13; Thence sooc 15'1 l "W, 20.00 ~eet along said West Line of the NEl/4 of Section 13 being also the Easterly Lir:.e of Stoneridge Annexation and being contiguous with the Town of Firestone Corporate Boundary to the Southerly Line of said 50-foot Right-of-Way for Sable Avenue (Weld County Road 22) dedicated by the plat of Buffalo Acres; Thence S89''09'39"E, 2612.72 feet along said Southerly Right-of-Way Line to said Westerly Right-of-Way Line for Colorado Boulevard (Weld County Road 13) and a point on said Westerly Line of Firestone 7th Annexation; Thence N00°15'17"E, 20.00 feet along said Westerly Right-of-Way Line for Colorado Boulevard (Weld County Road 13) being also the Westerly Line of said Firestone 7th Annexation and contiguous with the Town of Firestone Corporate Boundary to the POrNT OF BEGINNING. Area= 52,254 square feet (1.200 acres), more or less. 612212009 9:38 AM [m~J S:\Firestone\Annexation\Fireitone 8th (ROW) dig.res.doc 4 RESOLUTION NO. 09-J. Q A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR THE CRICKET COMMUNICATIONS SITE AT THE FIRESTONE SPORTS COMPLEX WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final development plan for the Cricket Communications Site at the Firestone Sports Complex; and WHEREAS, all materials related to the proposed final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions tJ be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone does hereby approve the proposed final development plan for the Cricket Communications Site at the Firestone Sports Complex, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ AND ADOPTED this 25 th day of June, 2009. TOWN OF FIRESTONE, COLORADO Chad Auer ATTEST: 1 EXHIBIT A Final Development Plan Conditions of Approval Cricket Communications Site at the Firestone Sports Complex I. Enter into a License Agreement with the Town as prepared by the Town Attorney and execute final version of same. 2. Revise the lease area to include the pad site, duct bank and pole and revise line work on all applicable sheets. 3. Add the lease area to the utility and access easements and revise line work on all applicable sheets. 4. Remove all references to "strands of barbed wire" from the fence details. 5. Provide a CAD file of the easements with two section monuments. 6. Provide a WORD file legal description of the lease agreement boundary. 7. Address Town Engineer redlines. 8. Add an Acceptance Block as follows: By signing this FDP, the owner acknowledges and accepts all of the requirements and intent set forth herein. OWNER ST ATE OF COLORADO COUNTY OF WELD ) )SS ) The foregoing instrument was acknowledged before me this _____ , 2_, by _________________ _ Witness my hand and official seal Notary Public My commission expires day of 9. Add a Firestone Information Block to all sheets pursuant to the Development Regulations. 2 10. Lighten up the vicinity map on Sheet 1. 11. Acid the legal description of the leased premises, as approved by the Town Engineer, on Sheet 1. The description should be for only that portion of the Firestone Sports Complex to be occupied by the communications facilities. 6122/2009 11: 19 AM [mac) S:\Firestone\Subdivi~ions\Cricket FOP.TB.res.doc 3 RESOLUTION NO. 09 -~I A RESOLUTION PURSUANT TO C.R.S. SECTION 31-25-104(1 )(B) MAKING LEGISLATIVE FINDINGS OF THE EXISTENCE OF BLIGHTED AREA WITHIN THE TOWN OF FIRESTONE WHEREAS, a petition with the required number of signatures of registered electors within the Town of Firestone (the Town) was filed with the Town Clerk declaring that there is a need for an urban renewal authority to function in the Town; and WHEREAS, upon receipt of the petition, the Town directed that the Town Planner, Nickerson Company, LLC survey and document whether conditions that constitute blighted area, as defined in the Colorado Urban Renewal Law, Part 1, Article 25, Title 31, Colorado Revised Statutes (the Urban Renewal Law) exist in the Town, for purposes of a public hearing on said petition; and WHEREAS, the Town Planner has prepared a draft Conditions Survey, as described in a documents entitled Southern Firestone Conditions Survey, draft dated July 6, 2009 (the Draft Conditions Survey), which contains a description of existing conditions and photographs and other evidence addressing whether there exists within the Town one or more blighted areas; and WHEREAS, the Draft Conditions Survey is a matter of public record in the custody of the Town Clerk, and is available for public inspection during business hours of the Town; and WHEREAS, the Draft Conditions Survey was presented to the Board of Trustees for its review and consideration in connection with the Board's consideration of said petition pursuant to C.R.S. Section 31-25-104(1)(b), which Draft Conditions Survey shows that the area described therein qualifies as a blighted area as defined in the Urban Renewal Law; and WHEREAS, on July 9, 2009, the Board of Trustees conducted a public hearing on said petition, at which hearing the Board reviewed said Draft Conditions Survey and at which hearing a full opportunity to be heard was given to all residents and taxpayers of the Town and to all other interested persons; and WHEREAS, notice of said hearing was published as required by C.R.S. Section 31-25- 104(1 )(a), at least ten days prior to public hearing, such publication being made in the Daily Times- Call on June 26, 2009; and WHEREAS, the Board of Trustees, having considered the evidence and testimony presented at the July 9, 2009 hearing, and having considered the Draft Conditions Survey for purposes of C.R.S. Section 31-25-104(1 )(b ), and so having considered the legislative record and given appropriate weight to the evidence; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The foregoing recitals are incorporated herein. 1 Section 2. The Town Board of Trustees finds, determines and declares that the following conditions exist in the area described in Section 3 hereof: • Slum, deteriorated, or deteriorating structures (-103(2)(a)); • Predominance of defective or inadequate street layout (-103(2)(b )); • Unsanitary or unsafe conditions (-103(2)(d)); • Deterioration of site or other improvements (-I 03(2)( e)); • Unusual topography or inadequate public improvements or utilities (-103(2)(£)); • The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings or other improvements (-103(2)(k.5)). Section 3. Pursuant to C.R.S. Section 31-25-104(1 )(b ), the Board of Trustees finds that there exists within the Town blighted area as defined by the Urban Renewal Law. Said blighted area is described as the "Southern Firestone" area depicted within the Draft Conditions Survey Study Area Map which is set forth as Attachment A to the Draft Conditions Survey and a copy of which accompanies this Resolution and is incorporated herein by reference. Section 4. The findings herein are legislative findings by the Board ofTrustees pursuant to and for purposes of C.R.S. Section 31-25-104(1 )(b) based upon the Draft Conditions Survey and other evidence presented to Board of Trustees. No findings are herein made for purposes ofC.R.S. Section 31-25-107 that the area described in Section 3 is appropriate for an urban renewal project. Section 5. This resolution is effective upon its adoption by the Board of Trustees. INTRODUCED, READ AND ADOPTED this 9th day of July. 2009. ATTEST: 2 TOWN OF FIRESTONE, COLORADO ChadAuei Mayor RESOLUTION NO. D.9_ -;l;;l,__ A RESOLUTION OF THE TOWN OF FIRESTONE BOARD OF TRUSTEES CREATING THE FIRESTONE URBAN RENEWAL AUTHORITY, TO BE KNOWN AS THE FIRESTONE URBAN RENEWAL AUTHORITY, AND DESIGNATING THE BOARD OF TRUSTEES AS THE AUTHORITY WHEREAS, a petition with the required number of signatures of registered electors within the Town of Firestone (the Town) was filed with the Town Clerk declaring that there is a need for an urban renewal authority to function in the Town; and WHEREAS, the Colorado Urban Renewal Law, Part 1, Article 25, Title 31, Colorado Revised Statutes (the Urban Renewal Law) provides for the creation and operation of an urban renewal authority to function within the Town; and WHEREAS, by the adoption of Resolution No.Of·.l.l on July 9, 2009, the Board of Trustees found, determined and declared that there exists blighted area in the Town, within the "Southern Firestone" area further described in such Resolution; and WHEREAS, the Board of Trustees finds, determines and declares that the acquisition, clearance, rehabilitation, conservation, development, or redevelopment, or a combination thereof of such area is necessary in the interest of the public health, safety, moral or welfare of the residents of the Town; and WHEREAS, in accordance with the Urban Renewal Law, the Board of Trustees is desirous of creating an urban renewal authority and designating the Board of Trustees to serve as the Board of Commissioners of such authority; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The foregoing recitals are incorporated herein. Section 2. The Town Board of Trustees hereby finds, determines and declares that it is in the public interest for an urban renewal authority to be created pursuant to Colorado Urban Renewal Law, Part l, Article 25, Title 31, Colorado Revised Statutes (the Urban Renewal Law), to function within the Town and to exercise the powers provided therein. Section 3. Said authority shall be known as the Firestone Urban Renewal Authority. Section 4. The Board of Trustees declares and designates that the members of the Board of Trustees, including the Mayor, as from time to time in office, shall constitute and be the Board of Commissioners of the Firestone Urban Renewal Authority. The Mayor is designated as the Chair of the Authority. Section 5. Because the Mayor is a member of the Board of Trustees and has participated 1 Section 5. Because the Mayor is a member of the Board of Trustees and has participated in the proceedings for enactment of this Resolution and Resolution No. 09-, the Mayor has the requisite notice of creation of the Firestone Urban Renewal Authority in the Town in compliance with the Urban Renewal Law. Section 6. This resolution is effective upon its adoption by the Board of Trustees. INTRODUCED, READ AND ADOPTED this 9th day of July, 2009. ATTEST: aft'~ ,;(! r;jj,_~ yHe od Town Clerk 2 TOWN OF FIRESTONE, COLORADO cLJ~ Chad Auer Mayor RESOLUTION NO. 09-d3 A RESOLUTION APPROVING SPECIAL USE PERMITS FOR NOBLE ENERGY, INC. TO LOCATE FOUR OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE WHEREAS, Noble Energy, Inc. (hereinafter "Noble" or "Applicant") has submitted to the Board of Trustees of the Town of Firestone an application for special use permits to locate within the Town four oil and gas wells referred to as the proposed Firestone V20-03, Firestone V20-04D, Firestone \'20-18D and Firestone V20-29-D Wells; and WHEREAS, Noble has submitted the application and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the proposed special use have been reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission on July 1, 2009 held a properly noticed public hearing on the proposed special use permit application, and has forwarded to the Boa:-d of Trustees a recommendation of approval with conditions; and W.tIEREAS, after a duly-noticed public hearing, at which evidence and testimony were entered imo the record, the Board of Trustees finds the special use requests for the wells should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the special use permit requests of Noble Energy, be. for location of the Firestone V 20-03, Firestone V20-04D, Firestone V20-18D and Firestone V20-29D Wells within the Town of Firestone, in the location more particularly described in Exhibit A attached hereto, subject to the following conditions: I. The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In 1 the e·;ent special use approval expires, the Applicant shall apply for a new special use perm:t pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil a21d gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits, waivers, variances and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and r:.otices to proceed. 5. Prior to commencement of any work within the Town the applicant, including contractors and subcontractors, shall obtain necessary Contractor's Licenses from the Town. 6. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County, specifically an Overweight Permit from the Town is required for moving the drilling rig. 7. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 8. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Appjcant shall be responsible for all damages to such interests of the Town that are caused by the Applicant. 9. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as-needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 10. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Comervation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. The well site and tank battery and separator areas shall be secured and screened by chain link fencing with "solid" tan aluminum or vinyl lathing using the Town's stan.jard fence and screening detail. 11. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. · 12. Machinery at the site shall be well-oiled and well-maintained to mitigate noise. 2 13. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 14. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 15. During drilling, use a tarp around drilling floor and drawworks to muffle sound. 16. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 17. To the extent reasonably possible, keep the door to the drill rig engine closed. 18. The use of pump jacks shall be limited to those running on electric motors. 19. The drilling rig used for drilling operations shall be Model CAZA-54 or equivalent type of drill rig. 20. Modify the Emergency Response & Fire Protection Plan to reference the 2006 International Fire Code, Chapter 34, Section 3406.3 Well Drilling and operating. 21. Place a gravel apron at the Pine Cone A venue access point. 22. Correct the references on pages 17 and 27 regarding a 75-foot minimum setback from the public right-of-way to 150-feet. 23. Remove references to "3 strands of barbed wire ... " on page 15 and on the Detail provided on Sheet C3. PASSED AND ADOPTED this q""' day of g ~ , 2009. Chad Auer, Mayor ATTEST: t,..JDuf) 3 EXHIBIT A: Well Location The approximate location of the Wells is east of Frontier Street (Road 15) and south of the intersection of Apache Road and Pine Cone A venue (Road 20). The legal description for the proposed location of these four well locations is: Lot I of Advanced Forming Technology Minor Plat, as more particularly described on the plat recorded at the Weld County Clerk and Recorders office at Reception No. 2805045 on November 6, 2000. 716/20® I :45 PM [kkh] S:\Firestone\Subdivisions\Nob!e &ergy 4 Wells (09iTB res.doc 4 RESOLUTION NO. 09-_dj_ A RESOLUTION APPROVING SPECIAL USE PERMITS FOR KERR-MCGEE OIL & GAS ONSHORE LP TO LOCATE SEVEN OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE. WHEREAS, Kerr-McGee Oil & Gas Onshore LP (hereinafter "Kerr-McGee" or "Applicant";, has submitted to the Board of Trustees of the Town of Firestone an application for special use permits to locate within the Town seven oil and gas wells referred to as the proposed Varra 10-2, Varra 14-2, Varra 15-2, Varra 20-2, Varra 23-2, Varra 35-2 and Varra 37-2 Wells, the proposed locations of which are more particularly described in Exhibit A attached hereto; and WHEREAS, Kerr-McGee has submitted applications and supporting materials pursuant to Chapter 15 .48 of the Firestone Municipal Code; and WHEREAS, all materials related to the requested special use permits have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission on July 15, 2009 held a properly ncticed public hearing on the proposed special use permit application, and has forwarded to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, after a duly-noticed public hearing, at which evidence and testimony were entered into the record, the Board of Trustees finds the special use permits for the Varra 10-2, Varra 14-2, Varra 15-2, Varra 20-2, Varra 23-2, Varra 35-2 and Varra 37-2 Wells should be approved subject to certain conditions. NO\V, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees does hereby approve the special use permits for Kerr- McGee Oil & Gas Onshore LP to locate the Varra 10-2, Varra 14-2, Varra 15-2, Varra 20-2, Varra 23-2, Varra 35-2 and Varra 37-2 Wells within the Town of Firestone, in the location more particularly described in Exhibit A attached hereto, subject to the following conditions: 1. The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In 1 the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits, waivers, variances and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 5. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County. 6. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 7. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town that are caused by the Applicant. 8. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as-needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 9. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. The well site and tank battery and separator areas shall be secured and screened by chain link fencing with "solid" tan aluminum or vinyl lathing. 10. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 11. Machinery at the site shall be well-oiled and well-maintained to mitigate noise. 12. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 13. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 2 14. During drilling, use a tarp around drilling floor and drawworks to muffle sound. 15. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 16. To the extent reasonably possible, keep the door to the drill rig engine closed. 17. Revise plans to conform to redline comments of the Town Engineer. 18. The use of pump jacks shall be limited to those running on electric motors. 19. The drilling rig used for drilling operations shall be Model CAZA-54 or equivalent type of drill rig. 20. The well will need to be screened with the Town's standard fence and screening detail. 21. Correct the written text in Section 2.6 "There is not a subdivision currently platted within 400 feet of the proposed well head" to reference the Del Camino Junction Business Park and corresponding replats. 22. A gravel apron is required to be placed at the Union Street access point if the access route to the proposed wells is via the existing leased road from Union Street. 23. An Overweight Permit from the Town is required for moving the drilling rig. 24. Amend the maps and text to reflect that the access road to the site has been changed from Firestone Boulevard to WCR 24 ½. 25. Obtain approval from Weld County for use ofWCR 24 ½ as an access road. INTRODUCED, READ, AND ADOPTED this~1ay of M , 2009. ATTEST: ~°'"ctl,r Town Clerk 7/20/2009 8:03 AM [mac] F:\Companylrlrestone\Subdivisions\KcnMcGee Varra wells ('09).TB.res 3 TOWN OF FIRESTONE, COLORADO fJtJ)~ Chad Auer Mayor /.•·1o'i'il'l · , s:EPtl- \ l ·,. . .. •· EXHIBIT A: Well Locations 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 Comer 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 Comer 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 Comer said Section I, Township 2 North, Range 68 West; thence S89°55'25"W along the South line Southeast one-quarter said Section I a distance of 2636.76 feet to the South one- quarter comer said Section I; thence S00°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 of2587.85 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 NOi 0 11 '22"E along said West line a distance of 30.00 feet to the Southwest Comer East one-half Southwest one-quarter said Section 2, Township 2 North, Range 68 West; thence NOl 0 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 the Northwest comer 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 240.00 feet, thence SOI 0 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°07'31 "E along said Right-of-way line and parallel with the North line said East one-half Southwest one-quarter a distance of 799.51 feet to a point on the West line West one-half Southeast one-quarter said Section 2, said point being 30.00 feet South of the Northwest Comer 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 SOI 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 I, Township 2 North, Range 68 West, 4 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 SOI 0 14'53"W along the East line said Southeast one-quarter a distance of30.00 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. 5 RESOLUTIONNO. oq-c:1s A RESOLUTION AMENDING RESOLUTION NO. 05-20 ENTITLED "A RESOLUTION ESTABLISHING BUILDING PERMIT FEES" TO LIMIT PERMIT FEES CHARGED FOR ACTIVE SOLAR ENERGY DEVICES OR SYSTEMS WHEREAS, the Town, by Resolution No. 05-20, previously adopted a schedule of fees for building inspection, plan review, and related services; and WHEREAS, SB 08-117 (codified at C.R.S. § 31-15-602) provides a municipality may not charge permit fees to install an active solar energy device or system that, in aggregate, are in excess of the lesser of the municipality's actual costs in issuing the permit or five hundred dollars for a residential application or one thousand dollars for a nonresidential application; and WHEREAS, the Board of Trustees desires to amend Resolution No. 05-20 to comply with the permit fee limits set forth in SB 08-117. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN· OF FIRESTONE, COLORADO: Section 1. The second page of the Firestone Town Fee Schedule adopted by Resolution No. 05-20 entitled "A Resolution Establishing Building Permit Fees" is hereby amended by the addition of a new paragraph to read as follows: In accordance with C.R.S. § 31-15-602(4)(b), permit fees to install an active solar energy device or system shall be based on the foregoing fee schedule except that in no event shall permit fees, in aggregate, be in excess of the lesser of the amount determined by using the foregoing fee schedule or five hundred dollars ($500.00) for a residential application or one thousand dollars ($1,000.00) for a nonresidential application. The foregoing limit on permit fees shall not apply to applications to install utility-scale active solar energy devices or systems. Section 2. In accordance with C.R.S. § 31-15-602(4)(b)(II), this resolution is repealed effective July I, 2011 unless the permit fee limitations set forth in C.R.S. § 31-15-602(4)(b)(I) are further extended by the Colorado Legislature. Section 3. All prior resolutions or portions thereof inconsistent or conflicting with this resolution or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4. The repeal or modification of any portion of any resolution by this resolution 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. INTRODUCED, READ, and ADOPTED this J3 rd.. day of } ~ , 2009. ATTEST: _} ~cO-~ yHeg od =: 6/15/09 4:46 PM[mac]S:\Firestone\Resolution\Building Perm_t Fee Amend (solar).ru TOWN OF FIRESTONE, COLORADO Chad Auer Mayor RESOLUTION NO. 0 CJ -,;).fo A RESOLUTION APPROVING A REVISION TO SECTION 8.185 OF THE MODEL MUNICIPAL RECORDS RETENTION SCHEDULE PREVIOUSLY ADOPTED BY THE TOWN AS ITS RECORDS RETENTION SCHEDULE WHEREAS, the Board of Trustees adopted the Model Municipal Records Retention Schedule, as approved by the Colorado State Archives and as it may be subsequently revised and amended, as the Town's Records Retention Schedule on January 9, 2003; and WHEREAS, Section 8.185 of the Model Municipal Records Retention Schedule states that audio and video recordings of open meetings shall be retained for six months after the approval of the minutes. WHEREAS, the Board desires to revise Section 8.185 of the Model Municipal Records Retention Schedule so that audio and video recordings of all open meetings are required to be maintained for one year after the minutes are approved, or longer in certain circumstances. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 8.185 to the Model Municipal Records Retention Schedule, is hereby revised to read as follows (words added are underlined; words deleted are strieken t-hfoHgh): 8.185 RECORDINGS OF MEETINGS <Amended 3/07> Audio or video recordings of official meetings typically used to prepare minutes or transcripts of the meeting. A. Executive Sessions Retention: 90 days after meeting [CRS 24-6-402(2)(d.5)(II)(E)] B. Open Meetings Retention: e months One year after approval of the minutes, and if an action taken at the meeting is the subject oflitigation or other proceeding, then the tapes shall be maintained until the conclusion of the litigation and/or proceeding, including all appeals. C. Study &stli611& <Added 1/0e> Retention: e months after the meeting Attest: INTRODUCED, READ, and ADOPTED this /3----ft, day of & C't<.. s-/-, 0 , 2009. TOWN OF FIRESTONE, COLORADO 2 Chad Auer Mayor _...,... row,:;·\ ,S,€ili ··...... ,.. . ..,·· RESOLUTION NO. 09-,21 A RESOLUTION SUPPORTING A GRANT APPLICATION FROM THE TOWN FOR A LOCAL PARKS AND OUTDOOR RECREATION GRANT FROM GREAT OUTDOORS COLORADO TO IMPROVE ONORATO PARK IN A MANNER CONSISTENT WITH THE ON ORA TO PARK MASTER PLAN WHEREAS, the Firestone Parks and Trails Advisory Board has developed, with citizen input, a Master Plan for Onorato Park that was adopted by the Firestone Town Board; and WHEREAS, Onorato Park is in great need of improvements in order to best serve the community, but the Town's ability to currently fund such improvements is limited; and WHEREAS, the Firestone Parks and Trails Advisory Board supports the Onorato Park Improvements, and has forwarded to the Board of Trustees a recommendation of support; and WHEREAS, the Town of Firestone has requested up to fifty four thousand eight hundred dollars ($54,800) from Great Outdoors Colorado to improve Onorato Park in a manner consistent with the Onorato Park Master Plan; and WHEREAS, the Board of Trustees by this Resolution desires to confirm its support for the Onorato Park Improvements and authorize the expenditure of matching and other funds for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. The Board of Trustees hereby supports a grant application to the State Board of Great Outdoors Colorado for a Local Parks and Outdoor Recreation Grant to improve Onorato Park in a manner consistent with the Onorato Park Master Plan and has appropriated matching funds for a grant with Great Outdoors Colorado. Section 2. The Board of Trustees authorizes the expenditure of funds necessary to meet the matching funds requirement of any Grant awarded on the application and to meet the terms and obligations of any Grant awarded. · Section 3. The project site is owned by the Town of Firestone and will be owned by the Town of Firestone for the next 25 years. Section 4. The Board of Trustees of the Town of Firestone will continue to maintain Onorato Park in a high quality condition and will appropriate funds for maintenance in its annual budget. Section 5. The Town of Firestone has the ability to complete the Onorato Park Improvements project and has demonstrated this ability in completion of Phase 1 of the Firestone Sports Complex in 2008 and completion in 2007 of the St. Vrain Park West (i.e. Harney Park). 1 Section 6. This resolution to be in full force and effect from and after its passage and approval. INTRODUCED, READ, AND ADOPTED this / 3'-IA.day of ¥ , 2009. ATTEST: 2 TOWN OF FIRESTONE, COLORADO Chad Auer Mayor TOWN OF FIRESTONE, COUNTY OF WELD, ST ATE OF COLORADO IN RE THE ORGANIZATION OF THE HIGHWAY 119 METROPOLITAN DISTRICT NOS. 1-6, IN THE TOWN OF FIRESTONE, COUNTY OF WELD, ST ATE OF COLORADO RESOLUTION NO. 09-d '8° RESOLUTION OF APPROVAL WHEREAS, pursuant to the provisions of Title 32, Article I, Part 2, C.R.S. as amended, the Board o:: Trustees of the Town of Firestone, County of Weld, State of Colorado, following due notice, held a public hearing on the Consolidated Service Plan for Highway 119 Metropolitan District Nos. 1-6 on the 10th day of September, 2009; and WHEREAS, the Board of Trustees has considered the Consolidated Service Plan and all other testimony and evidence presented at the hearing; and WHEREAS, based upon the testimony and evidence presented at the hearing, it appears that the Cc,nsolidated Service Plan for Highway 119 Metropolitan District Nos. 1-6 should be approved by the Board of Trustees, subject to certain conditions set forth below, in accordance with Sectic,n 32-1-204.S(l)(c), C.R.S. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. That the Board of Trustees, as the governing body of the Town of Firestone, Colorado, does hereby determine, based on representations by and on behalf of Fairview Estates, LLC, a Colorado limited liability company, and 4C Corporation, a Colorado non-profit corporation (collectively, the "Developer"), that all of the requirements of Title 32, Article 1, Part 2, C.R.S., as amended, relating to the filing of a Service Plan for the proposed Highway 119 Metropolitan District Nos. 1-6 have been fulfilled and that notice of the hearing was given in the time and manner required by the Town. S(:ction 2. That, based on representations by and on behalf of the Developer, the Board of Trustees of the Town of Firestone, Colorado, has jurisdiction over the subject matter of these proposec. special districts pursuant to Title 32, Article 1, part 2, C.R.S., as amended. Section 3. That, pursuant to Section 32-1-204.5, C.R.S., Section 32-1-202(2), C.R.S., and Section 32-1-203(2), C.R.S., the Board of Trustees ofthe'Town of Firestone, Colorado, does hereby find and determine, based on the Consolidated Service Plan and other evidence presented by and on behalf of the Developer, that: (a) There is sufficient existing and projected need for organized service in the area to be serviced by the proposed Districts; (b) The existing service in the area to be served by the proposed Districts is inadequate for present and projected needs; (c) The proposed special districts are capable of providing economical and sufficient service to the area within its proposed boundaries; ( d) The area to be included in the proposed Districts has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; and ( e) The creation of the proposed Districts will be in the best interests of the area proposed to be served. Section 4. That pursuant to Section 32-l-204.5(1)(c), C.R.S., the Board of Trustees hereby imposes the following conditions upon its approval of the Consolidated Service Plan: (a) The Developer agrees that the Town Attorney will be given reasonable notice of all proceedings in the District Court of Weld County relating to the organization of the Districts (including notice as described in Section 32-1-304, C.R.S.). (b) The Developer agrees that, prior to the hearing date set by the District Court of Weld County pursuant to Section 32-1-304, C.R.S., all fees and expenses which have been submitted to the Developer for payment by or on behalf of the Town or its attorneys or financial or other advisors shall have been paid in full. ( c) Prior to the sooner of issuing any debt or providing any services or facilities in an overlap area, the Districts shall fully comply with the provisions of Section 32- 1-107(3), C.R.S. with respect to the overlapping of service areas. The Districts' authorization to provide services or facilities within any overlapping area is expressly conditioned upon the Districts first obtaining the written consent of each and every district whose service area is so overlapped. ( d) Prior to the Mayor's execution of this Resolution, the fully and properly executed originals of the service plan certification page; property owners' consents; engineer's statement of reasonableness of capital costs; financial consultant's letter and forecasts; Developer letters in support of the financial plan; financial consultant's letter; legal counsel letter; and Developers' indemnity letters that are required under the Consolidated Service Plan as set forth in Exhibits D, E, G, H, I, and Part I of Exhibit J, shall be provided to the Town. ( e) At its organizational meeting, the District shall execute the District indemnity letter and intergovernmental agreement with the Town that are required under the Service Plan and set forth in Part 2 of Exhibit J and Exhibit M thereto, and shall provide the fully executed originals of such documents to the Town. If any of the above-stated conditions (a) through (d) are not met, the Town may file a motion with the District Court of Weld County requesting that the hearing on the organization of the Districts be delayed until such conditions are met, and Developer has represented that it will not oppose such motion. Further, if any of the above-stated conditions (a) through (e) are not met, the Town may pursue all legal and equitable remedies available to it for failure of compliance with such conditions of approval. Section 5. That the Consolidated Service Plan of the proposed Highway 119 Metropolitan District Nos. 1-6, as set forth in Exhibit A to this Resolution and dated September 8, 2009, is hereby approved subject to the conditions stated in Section 4 above, in accordance with Section 32-1-204.S(l)(c), C.R.S., and subject to the revisions set forth in Exhibit B. All revisions required pursuant to Exhibit B shall be made to the Consolidated Service Plan and submitted to the Town for review and approval by the Town Manager and Town Attorney prior to submission to the Developer of a certified copy of this Resolution. Section 6. That a certified copy of this Resolution be filed in the records of the Town of Firestone and, upon compliance with the requirements hereof, be submitted to the Developer for the purpose of filing in the District Court of Weld County for further proceedings concerning the Districts. RESOLVED, ADOPTED AND APPROVED this /D..JJ, day of Sf'elemntr 2009. (SE AL) ATTEST: ~1~ Town Clerk TOWN OF FIRESTONE, COLORADO Chad Auer Mayor •. /TOWN'•. l . SEAL ' ··•... .•·" CERTIFICATE I, Judy Hegwood, do hereby certify that the above and foregoing is a true, correct and comptete copy of a resolution adopted by the Board of Trustees of the Town of Firestone, Colorado, at a public meeting held on the 10 th day of September, 2009. IN WITNESS WHEREOF, I ~ve hereunto set my hand and the seal of the Town of Firestone, Colorado, this~ day of& . 2009. ·•'L)°WN°'·· SEAL \ / ·•,.; ___ ........... .. ·"' '" .EXHIBIT A (Copy of Consolidated Service Plan) HIGHWAY 119 METROPOLITAN DISTRICT NOS.1-6 CONSOLIDATED SERVICE PLAN I. INTRODUCTION The Districts shall be named the Highway 119 Metropolitan District No. I ("District No. I"), Highway 119 Metropolitan District No. 2 ("District No. 2"), Highway 119 Metropolitan District No. 3 ("District No. 3"), Highway 119 Metropolitan District No. 4 ("District No. 4"), Highway 119 Metropolitan District No. 5 ("District No. 5"), and Highway 119 Metropolitan District No. 6 ("District No. 6") (individually referred to herein as a "District" and collectively referred to herein . as the "Districts"). The purpose of the Districts is to finance, construct, acquire, operate and maintain certain streets, traffic safety controls, street lighting, water, sanitar; sewer, landscaping, storm sewers and flood and surface drainage and park and recreation improvements for the development known as the Firelight Park planned unit development (the "Firelight Park development"), for the development known as the Union planned unit development (the "Union development") and for future developments known as the Adam property (the "Adam development"), the Golden property (the "Golden development") and the Sherrelwood property (the "Sherrelwood development"). The Firelight Park development, the Union development, the Adam development, the Golden development and the r Sherrelwood development are collectively referred to herein as the "developments"). The developer of the Firelight Park development and the petitioner for the formation of the Districts is Fairview Estates, LLC, a Colorado limited liability company ("Fairview Estates") (Fairview Estates and any successor developer of the Firelight Park development shall be referred to herein as foe "Fairview Estates Developer"). The developer of the Union development is 4C Corporation, a Colorado corporation ("4C") ( 4C and any successor developer of the Union I development shall be referred to herein as the "Union Developer"). The developers of the Adam, Golden and Sherrelwood developments are unknown at this time. Such developers, and any successor developers, of these developments shall be referred to herein as the "Adams, Golden and Sherrelwood Developer". The Fairview Estates Developer, the Union Developer and the Adams, Golden and Sherrelwood Developer shall collectively be referred to herein as the "Developer". District No. 1 is proposed to be the Coordinating District and is expected to manage and oversee the activities of the Districts. District Nos. 2-6 are proposed to be the Participite Districts which are expected to include all of the future area for the developments. The Districts are intended to provide for the financing of public improvements for the developme_nts. The Districts will consist of approximately 627 acres and, except as specifically set forth in Article III, below, no changes in the Districts' boundaries are anticipated or authorized. The Districts shall be dissolved when their financial obligations are paid or provided for, when all operations and maintenance purposes of the Districts have been satisfied, or when the Tc,wn of Firestone, Colorado (the "Town") requests dissolution, provided then-applicable statutory requirements are met, all as further described in this Consolidated Service Plan, together with all exhibits hereto (the "Service Plan"). With the exception of the District Park, as contemplated in Exhibit E, street landscapi_ng and a non-potable water system ( collectively referred to herein as the "District Operated Improvements"), which may be owned, operated and maintained by the Coordinating District, all public improvements and facilities that are financed, constructed, installed or acquired by the Coordinating District shall. be dedicated and conveyed to the Town or its designee and will be opented and maintained by the Town or its designee upon Town Conditional Acceptance, as set forth in Article IV.g., below. The Districts shall not provide fire protection or emergency 2 services, which fire protection and emergency services shall be provided by the Frederick- Firestone Fire Protection District, either directly or, with respect to emergency services, through contract. The Districts shall not provide sanitary sewer services, which sanitary sewer service shall be provided by the St. Vrain Sanitation District. The Districts may exercise the statutory powers of a metropolitan district only to implement the provisions of this Service Plan and only to the extent expressly authorized by and in a manner consistent with this Service Plan. All functions, activities, improvements, services and programs of the Districts are limited to those expressly authorized in this Service Plan, notwithstanding any different, additional or expanded powers or authority that may be granted to the Districts by any present or future statutory or regulatory provisions. The Districts are generally located north of Colorado State Highway 119, east of Weld County Road 3, south of Weld County Road 26 and west of Weld County Road 7. The proposed boundaries of the Districts at full build-out are limited to those boundaries described in Exhibits A-1, A-2. B-1 and B-2, attached hereto. This Service Plan has been prepared by the following Developer and participating consultants (the "Organizers"): Firelight Park Developer Fairview Estates , LLC a Colorado limited liability company Dale Bruns 10345 Ute Highway Longmont, Colorado 80504 (303) 772-7986 (303) 651-3486--facsimile dalebruns@frii.com 3 Union Developer 4C Corporation a Colorado limited liability company Martin Dickey 10345 Ute Highway Longmont, Colorado 80504 (303) 772-7986 (303) 651-3486-facsimile martin@mdickcyassociates.com District Counsel White, Bear & Ankele Professional Corporation Jennifer Gruber Tanaka, Esq. 1805 Shea Center Drive, Suite 100 Highlands Ranch, Colorado 80129 (303) 858-1800 (303) 858-1801-facsimile jtanaka01wbapc.com Financial Consultant George K. Baum & Company Joshua Magden 1400 Wewatta Street, Suite 800 Denver, Colorado 80202 (303) 391-5500 (303) 298-7853-facsimile magdcn@gkbaum.com Engineer V3 Companies of Colorado Ltd. Donald Guerra 2399 Blake Street, Suite I 30 Denver, Colorado 80205 (303) 989-8588 (303) 989-9932-facsimile dguerra@v3co.com Bond Counsel Sherman & Howard Blake T. Jordan, Esq. 633 17th Street, Suite 3000 Denver, Colorado 80202 (303) 299-8364 (303) 298-0940-facsimile bjordan(a)sah.com Pursuant to the requirements of the Special District Control Act, §§ 32-1-201, et seq., C.R.S., this Service Plan consists of a financial analysis and an engineering plan showing how the proposed facilities and services of the Districts will be provided and financed. As required by§ 32-1-202(2), C.R.S., the following items are included in this Service Plan: a. A description of the proposed services; b. A financial plan showing how the proposed services are to be financed, including all elements required by § 32-1-202(2)(b ), C.R.S.; c. A preliminary engineering or architectural survey showing how the proposed services are to be provided; d. A map of the Districts' boundaries and an estimate of the population and valuation for assessment of the Districts; 4 e. A general description of the facilities to be constructed and the standards for constructbn, including a statement of how the facility and service standards of the Districts are compatible with facility and service standards of the Town and special districts which are interesteri parties pursuant to § 32-1-204(1 ), C.R.S.; f. A general description of the estimated cost of acquiring land, engmeenng services, legal services, administrative services,· initial proposed indebtedness and estimated proposed maximum interest rates and discounts and other maJor expenses related to the organization and initial operation of the Districts; and g. A description of any arrangement or proposed agreement with any political subdivision for the perfonnance of any services among the Districts and such other political subdivision and, if available, a fonn of the agreement. II. PURPOSE OF THE DISTRICTS The Districts will finance the construction of public improvements for the developments, which improvements shall be constructed to Town standards, warranted by the Coordinating District, and dedicated and conveyed to the Town or its designee as provided in this Servi~e Plan, or as otherwise required by the Town. District Operated Improvements may be owned, operated and maintained by the Coordinating District for the use and benefit of residents, taxpayers and property owners of the Districts or by an owners' associated fonned for the developments. The public improvements shall be financed, in part, through the issuance of indebtedness as set forth in Article V, "Financial Plan". Except as specified in or pursuant to this Service Plan, specifically including, but not limited to, the District Operated Improvements, the Districts shall not construct or own any improvements, shall not provide for any maintenance, 5 repair or operation of any improvements, and shall not perform any services without the consent of the Town as evidenced by a resolution of approval of the Town of Firestone Board of Trustees (the "Board of Trustees"). In addition, the Districts will not contract with any other governmental entity to receive any services which are or may become available from the Town, or to provide any services to or within any oter governmental entity, without the prior written consent of the Town. The Districts shall not provide any services within any area of the Districts overlapping with the service area of another district without first obtaining the written consent of each and every district whose service area is so overlapped prior to the provision of such services. The Districts shall dissolve when their financial obligations are paid or provided for, when di operations and maintenance purposes of the Districts have been satisfied, or otherwise upon °equest of the Town, subject to then-applicable statutory requirements, all as further proviced in Article VIII. III. BOUNDARIES, POPULATION & VALUATION The Initial District Boundaries are located entirely within the Town and consist of approximately 0.012 acres, as more particularly set forth in the legal description attached hereto as Exhibit A-1 and as shown on the boundary map, attached hereto as Exhibit A-2, and the vicinity map, attached hereto as Exhibit C. The total area proposed to be included in the Inclusion Area Boundaries is approximately 627 acres, as more particularly set forth in the legal description attached hereto as Exhibit B-1 and as shown on the boundary map, attached hereto as Exhibit B-2, and the vicinity map, attached hereto as Exhibit C. Any property contained within the Inclusion Area Boundaries shall be annexed to the Town prior to or concurrent with 6 the inclus;on into the Districts. It is anticipated that the Districts' boundaries may change from time to time as they undergo inclusions and exclusions pursuant to§§ 32-1-401, et seq., C.R.S., and§§ 32-1-501, et seq., C.R.S.; provided, however, that the boundaries of any of the Districts shall not go beyond the Inclusion Area Boundaries without the prior consent of the Town and shall only include property annexed to the Town. Fairview Estates is the sole owner of all property within the Initial District Boundaries. A letter from Fairview Estates consenting to the formation of these Districts is attached hereto as Exhibit D-1 and incorporated herein by this reference. The property contained within the Inclusion Area Boundaries is owned by several property owners, each of whom have consented to the formation of these Districts in the letters attached hereto as Exhibit D-2, which letters are incorporated herein by this reference .. The Firelight Park development is being developed for the anticipated construction of 316 residential units and 500,000 square feet of regional commercial/mixed-use space. The Union development is being developed for the anticipated .construction of 1,458 residential units and 1,200,000 square feet of regional commercial/mixed use space. The Adam development is being developed for the anticipated construction of 400 residential units. The Golden development is being developed for the anticipated construction of 15 residential units. The Sherrelwood development is being developed for the anticipated construction of 300 residential units. The current population of the Districts is 0. The residential population of the Districts at full build-out is estimated to be 4,945 people, subject to development approval by the Town. It is acknowledged that Town development standards and requirements may affect the foregoing numbers of anticipated homes and population and approval of this Service Plan shall not constitute approval of the foregoing densities and/or uses. The estimated assessed value at full build-out for the residential property within the Inclusion Area Boundaries is $80,042,280 and 7 the estimated assessed value at full build-out for the commercial property within the Inclusion Area Boundaries is $94,163,758. The combined total estimated assessed value within the Inclusion Area Boundaries at full build-out is $174,206,038. The current assessed value is approximately $108,810. The total overlapping mill levy imposed upon the property within the Inclusion Area Boundaries for the Districts for tax collection year 2009 ranges from approximately 68.000 to 80.096 mills. The Districts shall be required to obtain written approval from the Town of a Service Plan modification prior to any inclusion or exclusion of property to or from the Districts not otherwise located within the Initial District. Boundaries or the Inclusion Area Boundaries. The Districts shall be permitted to include any or all of the property contained within the Inclusion Area Boundaries, pursuant to and in accordance with the requirements of§§ 32-1-401, et seq., C.R.S., and the provisions of this Service Plan, or exclude any of the property contained within the Inclusion Area Boundaries, pursuant to and in accordance with the requirements of§§ 32-1- 501, et seq., C.R.S., and the provisions of this Service Plan, upon annexation of that property to the Town without further Town approval. In the event all or a portion of the Inclusion Area Boundaries is not annexed to the Town, then the Districts shall not be permitted to include that unannexed portion of the Inclusion Area Boundaries into the Districts. Any such approval may be granted or denied by resolution of the Board of Trustees, in its discretion. Except as otherwise permitted herein, any inclusion permitted by the Town may be on the condition that all property originally in the Districts remains in the Districts, and on such other. conditions as the Town may impose. Any exclusion permitted by the Town may be on the condition that there is no detriment to the remaining residents and taxpayers within that District, or to that District's or the Districts' bondholders, and on such other conditions as the Town may impose. No other 8 changes in the boundaries of the Districts shall be made, unless the prior written approval of the Town has been obtained as part of a Service Plan modification, as provided herein. IV. DESCRIPTION OF PROPOSED FACILITIES a. Type oflmprovements. The Districts will provide for the financing, construction, acquisition and installation of public improvements consisting of streets, traffic and safety controls, street lighting, water, sanitary sewer, landscaping, storm sewers and flood and surface drainage and park and recreation improvements and facilities (as the foregoing terms are used in§ 32-1-1004(2), C.R.S. and the sections referenced therein) within the boundaries of the Districts. With the exception of those public improvements specifically identified in Exhibit F and authorized by this Service Plan, the Districts shall not finance, construct, acquire or install any improvements outside the boundaries of the Districts unless:(!) the Town, by written determination of its Town Engineer, determines that such improvements are necessary to connect service for the Districts to the facili,ies of the Town of other entities involved in providing services to the Districts; (2) such improvements are contemplated or required by the Development Agreement or Subdivision Improvement Agreement for the developments; or (3) such proposed improvements are approved in advance by resolution of the Board of Trustees. The property within the Districts will receive potable water service from the Town and from no other source. The Districts may finance, design, construct and install Town potable water system improvements and facilities located within the boundaries of the Districts and may finance, design, construct and install any offsite water system improvements necessary to connect to the Town water system, if such offsite improvements are authorized in the manner set 9 forth in the preceding paragraph. However, all potable water system improvements within the Districts shall be dedicated and conveyed to and owned by the Town upon Town acceptance and completion of the Districts' warranty obligations. With the exception of non-potable water rights which wili be used for irrigation purposes, all water rights for water service to the property shall be owned by the Town; except as anticipated for the subsequent sale or transfer to the Town, the Districts shall not purchase, own, manage, adjudicate or develop any water rights or water resources for potable water purposes. Notwithstanding the foregoing, the Districts shall be permitted to construct, finance, operate and maintain a non-potable water system for the developments without prior consent of the Town. The Organizers of the Districts have prepared a preliminary engineering survey based on the Town's construction standards. The table, attached hereto as Exhibit E, lists all facilities which the Districts, subject to development approval of the Town, will be authorized to finance, acquire, design, construct, and install, including the costs in current dollars of each, together with an explanation of the methods, basis and/or assumptions used. A letter concerning the reasonableness of the cost estimates, and of the methods, bases and assumptions used, is included in Exhibit E. Subject to the debt limit set forth in Article V.b. of this Service Plan, the District will be authorized to fund any combination of the improvements. The combined estimated cost of the improvements is $54,416,125.68, which exceeds the estimated debt capacity of the Districts. Funding for improvements not funded by the Districts shall remain the responsibility of the Developer. The Town is not responsible for assuming any of the costs of the improvements. Maps showing the locations of the public improvements to be financed by the Districts are attached as Exhibit F. All water improvements, with the exception of a water tank which 10 will be located on a separate parcel of land, are anticipated to be constructed within street rights- of-way, unless otherwise required by the Town. The Districts shall be authorized to finance, acquire, design, construct and install only those types of public improvements and facilities which are amhorized under this Article IV and which are generally shown on Exhibit F ( and which are included in the Exhibit E cost estimates), subject to the specific final design and approval thereof by the Town. Phasing of construction shall be determined by the Districts to meet the needs of the residents and taxpayers within its boundaries; provided, however, that improvements shall be installed in compliance with any phasing plan approved for the development, by the Town. b. Description of Existing Conditions. The area is predominantly undeveloped. c. Anticipated Development. The Developer anticipates total build-out to occur by 2018, subject to final design and development approval by the Town. It is acknowledged by the Developer that Town developmeni standards and requirements may affect the foregoing numbers of anticipated homes and the foregoing anticipated build-out schedule and approval of this Service Plan shall not constitute approval of the foregoing densities and/or uses. d. Public Improvement Schedule. Comtruction of the public improvements will commence as soon as possible following approval of the Service Plan. The public improvements will be phased to meet the development schedule, end shall be installed in compliance with any phasing plan approved for the developments. 11 e. Town Construction Standards. All proposed facilities and improvements shall be designed and constructed in accordance with the standards and specifications established by the Town and in effect from time to time, and with applicable standards and specifications of the federal government and State of Colorado. AH proposed facilities and improvements shall be compatible with those of the Town. The Districts, and their engineer have designed and shall design the facilities and improvements to meet such standards, specifications and compatibility requirements of the Town. The Districts will obtain from the Town approval of civil engineering plans and permits for construction and installation of facilities and improvements prior to the construction or installation thereof. The Districts shall be subject to aU applicable provisions of the Firestone Municipal Code and to all Town rules, regulations and policies with respect to the conduct of its work on the improvements, as in effect from time to time. f. Limitation on Eminent Domain. The Districts shall not exercise any power of dominant eminent domain against the Town without the prior written consent of the Town. Except as provided herein, the Districts shall be permitted to exercise their power of eminent domain as contemplated by the Special District Control Act,§§ 32-1-101, et seq., C.R.S. g. Dedication oflmprovements to the Town. Except as specifically set forth within Article IV .h. of this Service Plan, and upon annexation of the affected areas to the Town, the Districts shall dedicate and convey to the Town or its designee, or cause to be dedicated and conveyed to the Town or its designee, all public improvements and facilities, including, but not necessarily limited to, all streets, traffic and safety controls, street lighting, sidewalks, water, storm sewers and flood and surface drainage 12 and park and recreation improvements and facilities, as well as all rights-of-way, fee interests and easements necessary for access to and operation and maintenance of such improvements and facilities, to the extent such property interests have not been acquired by the Town through the land use approval process. With the exception of the District Operated Improvements, the Districts shall not operate or maintain any public improvements, except as necessary to comply with its warranty obligations hereunder. The Districts shall also dedicate and convey to the Town or its designee any other facilities and improvements contemplated in this Service Plan, together with necessary rights-of-way, fee interests and easements. All such improvements, facilities, easements and rights-of-way shall be conveyed to the Town or its . designee immediately upon completion of construction, installation and expiration of the three-year warranty period that commences after the Town has issued a Conditional Acceptance therefor. All improvements, facilities, rights-of-way, fee interests and easements shall be conveyed and dedicated to the Town or its designee by instruments acceptable to the Town, free and clear of all liens and encumbrances, except those which are acceptable to the Town in its sole discretion. · Failure to comply with the requirements of this Article IV shall be deemed to be an unauthorized material modification of this Service Plan. h. Ownership and Operation of Facilities by the Districts. With the exception of the District Operated Improvements, the Districts shall not be authorized to own or operate any improvements or facilities to be provided pursuant to this Service Plan, other than as necessary to permit the financing and construction thereof (including compliance by the Districts with their warranty obligations as provided in Article IV.g., above), except thrcugh approval by the Town by resolution or through an amendment to this Service 13 Plan. The Town may require that improvements and facilities dedicated to and owned by the Town be operated and maintained by an owners' association. i. Acquisition of Land for Public Improvements. The Districts shall acquire at no cost to the Town all lands or interests in land required by the Town fo~ construction of street, traffic and safety controls, street lighting, water, sanitary sewer, landscaping, storm sewers and flood and surface drainage, and park and recreation improvements being constructed or installed by the Districts. Such land or interests in land may be acquired by the Districts by instruments of conveyance and/or plat dedication, in form and substance acceptable to the Town. All land and interests in land shall be conveyed to the Town or its designee at no cost to the Town at such times and by such instruments of conveyance as the Town may reasonably require (but in no event shall such conveyances be made later than the "Final Acceptance" described in Article IV.g., above), free and clear of all liens and encumbrances, except those which are acceptable to the Town. Exceptions must be approved by the Town in advance and in writing. Failure to comply with this provision shall be deemed to be an unauthorized material modification of this Service Plan. j. Services to be Provided by other Governmental Entities. In order to serve the Districts' residents and taxpayers, the Districts propose to finance, construct, acquire and install the public improvements authorized by this Service Plan, but, with the exception of the District Operated Improvements, the Districts are not authorized to and shall not provide any ongoing services, programs, functions or activities within the Districts. The Districts shall receive fire protection and emergency services from the Frederick-Firestone Fire Protection District, either directly or, with respect to emergency services, through contract. The Districts shall receive sanitary sewer service from the St. Vrain Sanitation District. The Districts 14 shall not provide any sanitary sewer services. Prior to the issuance of debt, the Districts shall obtain a resolution consenting to the overlapping boundaries for financing purposes only from the St. Vrain Sanitation District. Prior to the issuance of debt, the Districts shall obtain a resolution from each the Left Hand Water District and the Longs Peak Water District consenting to the overlapping boundaries for financing purposes only. With the exception of non-potable water, the Districts shall not provide ongoing water services to the Districts. Nothing herein shall limit or discharge the Districts' responsibilities for the repair of public improvements prior to their acceptance by the Town and conveyance to the Town or its designee, or limit or discharge the Districts' warranty obligations. k. Integration. All facilities and improvements shall be constructed so as to be integrated with existing and planned facilities and improvements of the Town and other entities providing service to the developments. The Districts shall obtain from such other serving entities approval of the proposed plans for the facilities and improvements. The Districts shall provide the Town with copies of any submittals to such entities at the time of their submittal, and with copies of any approvals from such entities upon receipt. V. FINANCIAL PLAN This Article V describes the nature, basis, method of funding, debt and mill levy limits, and other financial requirements and restrictions for the Districts' public improvements program and operations. Together with Exhibit G (spreadsheet presentation of financial forecasts, related schedules, analyses and notes as to forecast assumptions, and the Developer's Letter in Support of the forecasts), attached hereto and incorporated herein, this Article V constitutes the Financial Plan 15 for the Districts as required by § 32-1-202(2)(b ), C.R.S. The Financial Plan includes estimated operations and administration costs (including any estimated costs of non-capitalized warranty maintenance), proposed indebtedness and estimated interest rates and discounts and other major expenses related to the organization and operation of the Districts. The Financial Plan projects the issuance of the debt and the anticipated repayment based on the development assumptions (including the absorption forecasts set forth therein) for property within the boundaries of the Districts. The Financial Plan demonstrates that, at the projected level of development, and with the projected Developer support, the Districts have the ability to finance the facilities identified herein, and will be capable of discharging the proposed indebtedness on a reasonable basis. a. General. The 9rovision of improvements and facilities by the Districts will be financed in part through the issuance of general obligation (limited tax) bonds (the "bonds"), secured by the ad va/orem taxing authority of the Districts and other District revenues, limited as provided below. For all purposes of this Service Plan, the terms "bonds," "general obligation bonds," "general obligation debt," "general obligation indebtedness," or any similar term shall mean limited tax general obligation bonds as further provided in V.e., below, while the term "financial obligations" means district financial obligations of any kind and may include (but is not limited to) such limited tax general obligation bonds and revenue bonds issued by the Coordinating District. The Financial Plan anticipates the issuance of 2 series of bonds for the residential districts (in 2011 and 2012) and 3 series of bonds in the commercial districts (in 2010, 2011 and 2012). The combined total estimated cost of the improvements is $54,416,125.68. The Districts have the capacity to issue general obligation bonds in the aggtegate principal amount of approximately $77,925,000, projected to yield net bc,nd proceeds of approximately $54,380,837. Excluding any bonding capacity generated 16 from public improvement fee revenue, the projected net bond proceeds is approximately $45,825,392. After satisfaction of the Districts' regional public improvements requirement, as provided in Article V.c., below, the total of which is estimated to be $10,539,840 (23% of the net bond proceeds supported by ad valorem property taxes but excluding public improvement fee revenue), anc. assuming public improvement fee revenues are pledged toward the repayment of bonded indebtedness, it is currently anticipated that the bond proceeds will be insufficient to allow for repayment of approximately $35,288.68, which will be contributed by the Developer; however, if the financing capability of the Districts changes and will permit repayment in the future ( due to higher than anticipated assessed values, lower interest rates, or other changed circumstances), the Districts may agree to repay the Developer for unreimbursed public infrastructure costs provided that such repayment obligations shall count against the debt limit set forth in Article V.b., below, and the Districts may not promise to impose a mill levy in excess of the Limited Mill Levy for payments thereof, and subject to all other requirements of Article V.h., below. Payments made to the Developer by the Districts are expected to be made principally from bond proceeds and shall not exceed the amount advanced by the Developer for capital costs, plus interest at a rate not-to- exceed 8% per annum. The Developer acknowledges and accepts the risk that, if all or a part of the general obligation bonds or other financial obligations proposed to be issued by the Districts are not issued, because of changes in financial conditions or for any other reason, the Developer may not be paid or reimbursed for the cost of public improvements or other advances to the Districts. b. Debt Issuance. One or any combination of the Districts intend to issue general obligation bonds and/or revenue bonds, including any debt payable from property taxes of the other Districts, in the aggregate principal amount of approximately $77,925,000. The aggregate principal amount of 17 all general obligation bonds, revenue bonds, financial obligations and construction financing notes (i.e., all forms of borrowing by the Districts), that may be issued or incurred by the Districts th~oughout the Districts' existence and regardless of subsequent payments and discharges, :,hall be limited to a total of$85,717,500, except to the extent otherwise provided in Article V.g., with respect to refunding bonds. Prior to the issuance of general obligation bonds o revenue bonds, the issuing District shall submit copies of the bond documents to the town solely for the purpose of confirming their consistency with the Service Plan. The Districts shall not issue general obligation debt that exceeds the greater of $2,000,000 or 50% of the valuation for assessment of the taxable property within the issuing District unless the debt to be issued satisfies the criteria set forth in §32-1-1101(6), C.R.S. c. Required Transfers of Bond Proceeds to Town. The Coordinating District shall construct regional improvements benefiting the Town's and the Di,tricts' residents and taxpayers within the developments, the cost of which equals or exceeds 2:'-% of the Districts' total net bond proceeds supported by ad valorem property taxes (including any pledge agreements among the Participate Districts and the Coordinating District under a revenue bond structure) and excluding any bond proceeds supported by public improvem~nt fee revenue (the "Town regional public improvements requirement"), which amount is anticipated to be $10,539,840. The Town regional public improvements shall be constructed or under construction within I year from the date the Districts issue and deliver their final series of bonds ( anticipated to occur in 2011 ), or in no event later than December 31, 2012. Upon the issuance of each series of bonds by any of the Districts, the issuing District shall transfer to a separately designated fund 23% of the total net bond proceeds supported by ad valorem property taxes (including any pledge agreements among the Participate Districts and the 18 Coordinating District under a revenue bond structure) and excluding any bond proceeds supported by public improvement fee revenue. Such funds shall be earmarked for use in designing a:id constructing the regional public improvements and shall only be used for that purpose. The Districts and the Town hereby agree that the District Park that is contemplated to be construc:ed by the Districts, as more specifically set forth in Exhibit E of this Service Plan, shall be considered a regional public improvement for purposes of the Town regional public improvements requirement and, if constructed, shall satisfy all (if the total costs thereof equal or exceed 23% of the net bond proceeds as identified above) or a portion of the Districts' requirement. Such additional regional public improvements, if necessary, shall be specifically identified :n an amendment to the intergovernmental agreement among the Town and the Coordinating District (the "IGA Amendment"), which IGA Amendment shall be fully executed prior to the issuance of bonds by any of the Districts. The Districts and the Developer acknowledge that the foregoing Town regional public improvements requirement is a material consideration in, and conditions of, the Town's approval of this Service Plan, and the Town has relied thereon in approving this Service Plan. d. Other Financial Restrictions, Limitations and Requirements. The Districts shall request voter authorization for such amount of general obligation and revenue debt as the Districts deem sufficient to allow for the construction of the regional public improven:.ents (as described in Article V.c., above), among the Districts' powers, unforeseen contingencies, increases in construction costs due to inflation and all costs of issuance, including capitalized interest, reserve funds, discounts, legal fees and other incidental costs of issuance; provided, however, that the amount of general obligation and revenue debt (which shall include any consifllction financing notes issued pursuant to Article V.h., below) actually issued by the 19 Districts in the aggregate shall not exceed the debt limit of$85,717,500, as stated in Article V.b., above. Any increase in the amount of general obligation and revenue debt (including the construction financing notes) actually issued in excess of the projected amounts shown in Exhibit G will be cJnsistent with the Districts' debt capacity at the time of such issuance (based on higher than anticipated assessed values, lower interest rates, or other changes from projected circumstances). The authorized maximum voted interest rate 1s 15% per annum and the maximum underwritin 5 discount is 4% of bond principal. The actual interest rates and discounts will be determined at the time the bonds are sold by the issuing District and will reflect . market conditions at the time of sale; provided, however, that the actual interest rate and discount shall never exceed the maximum rate and discount stated above, nor shall the interest rate at the time the bonds are sold exceed 300 basis points above the 30-year "AAA" Municipal Market Data rate in effect at the time the bonds are sold. The term of any bonds issued by the issuing District shall not exceed 30 years. Estimated interest rates used in Exhibit G are based on information furnished by the financial consultant identified in Exhibit H. In the event bonds are issued at an interest rate higher than the estimated rates used in Exhibit G, the principal amount of bonds will be reduced so as to result in total debt service payments approximately equal to those projected in Exhibit G, and so that debt service on the bonds can be paid from the revenue sources contemplated in this Service Plan. If actual increases in District assessed valuation are less than the projected increases for those factors as shown in the Exhibit G forecasts, it is expected that the issuing District would compensate by increasing its mill levy (subject to the Limited Mill Levy) or reducing the principal amount of the bonds issued. 20 No bonds issued by the Districts shall provide for acceleration as a remedy upon default, unless the issuing District has received the prior written administrative approval of the Town, which approval may be granted only by the Town Administrator or the Board of Trustees. Except as provided below with respect to notes issued to the Developer for construction financing, this Service Plan authorizes only the issuance of revenue bonds and general obligation bonds and only within the limitations stated herein, and subject to the provisions as to the Limited Mill Levy as set forth below. All financial obligations of the Districts are subject to the provisions as to the Limited Mill Levy and other limitations as set forth below. Other than ad valorem property taxes, specific ownership taxes, facilities fees (as limited below), amounts capitalized from bond proceeds, and investment income on the foregoing, and public improvement fee revenues, if available and applicable, no District revenues shall be pledged to any financial obligations of the issuing District. With the exception of revenue bonds utilizing revenues shared among or pledged by other Districts or bonds pledging public improvement fees, the Districts shall be authorized to issue revenue bonds, certificates, debentures or other evidences of indebtedness or to enter into lease-purchase transactions only upon approval of an amendment to this Service Plan and such an amendment shall be considered a material modification of the Service Plan. The Districts anticipate the imposition of one-time facilities fees as set forth in Article V.i., below and as reflected in the Financial Plan contained in Exhibit G. In the event the Districts operate and maintain the District Operated Improvements, the Districts shall be permitted to impose user charges and fees related to the operation and maintenance of such facilities. The Districts are not authorized to impose any user charges or any taxes other than as provided in this Service Plan. 21 All bonds of the Districts shall be structured utilizing a commercial bank with trust powers as trustee to hold the bond proceeds and debt service funds and to pursue remedies on behalf of the bondholders. Any bonds issued by the Districts pursuant to this Service Plan shall be in compliance with all applicable state and federal legal requirements, including without limitation § 32-1- 1101 (6), C.R.S., and article 59 oftitle 11, C.R.S., and shall be approved by nationally recognized bond counsel. An opinion shall also be obtained from bond counsel or counsel to the issuing District that the bonds comply with all requirements of this Service Plan, a copy of which shall be provided to the Town. e. Limited Mill Levy. "Limited Mill Levy" shall mean an ad valorem mill levy or levies ( a mill being equal to 1/10 of 1 ¢ per dollar of assessed valuation) imposed upon all taxable property in each of the Districts each year for debt service purposes in an amount not-to-exceed a total of 50 mills; provided however, that in the event the method of calculating assessed valuation is or was changed after 2008, the minimum and maximum mill levies provided herein will be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted, are neither diminished nor enhanced as a result of such changes (the "Gallagher adjustment"). For purposes of the foregoing, a change in the ratio of actual valuation to assessed valuation shall be deemed to be a change in the method of calculating assessed valuation. The Limited Mill Levy shall be an enforceable limit on all District mill levies for the payment of financial obligations of the District. No District shall impose an ad valorem property tax in any year in excess of the Limited Mill Levy for the 22 payment of financial obligations, except for current operations and maintenance expenses, including to pay any amounts due under any pledge agreements with another District. In addition to the Limited Mill Levy applicable to each District for its mill levies for debt service purposes, the total of all other District mill levies for administration, warranty maintenance (to the extent not capitalized), other operating expenses and all other purposes, shall be limited to 10 mills for each District, as adjusted by the Gallagher adjustment; provided, however, !tat in no event shall the total of the Limited Mill Levy and the general fund mill levy, combined, exceed 56 mills, except for the Gallagher adjustment set forth above. f. Investor Suitability. Except as provided below in this Article V.f. as to rated bonds or Article V.h. as to construction financing notes, the offering and sale of the Districts' bonds shall be offered and sold only to financial institutions or institutional investors within the meaning of § 32-1- 1101 (6)(a)(IV), § 32-1-103(6.5) and§ 11-59-103(8), C.R.S. If the issuing District's bonds are rated in one of the four highest investment grade rating categories by one or more nationally recognized organizations which regularly rate such obligations, compliance with the institutional investor limitation set forth above shall not be required. g. Refunding bonds. General obligation or revenue refunding bonds may be issued by the Districts to defease original issue bonds in compliance with applicable law, but any such refunding shall not extend the maturity of the bonds being refunded nor increase the total debt service thereon and shall (notwithstanding the provisions of§ 32-1-1101(6)(b), C.R.S.) meet the requirements of§ 32-1- 1101(6)(a), C.R.S. unless a majority of the Board of Directors of the District are residents residing within the District and have voted in favor of a refunding of a part or all of the debt, or such refunding will result in a net present value savings as set forth in Section 11-56-101, et seq., 23 C.R.S., or the District obtains prior written consent of the Town, as evidenced by resolution of the Board o:i' Trustees. Refunding bonds shall not be subject to the debt limit stated in Article V.b., above,. provided that such refunding bonds demonstrate net present value debt service savings; but if such refunding bonds do not demonstrate net present value debt service savings, any increase in principal amount of the refunding bonds over the principal amount of bonds being refunded shall be subject to such debt limit. Any issuance of refunding bonds must comply with Article V.f., above ("Investor Suitability"). Except to the extent otherwise expressly rrovided in this Article V.g., all limitations, restrictions and requirements of this Service Plan with respect to general obligation or revenue bonds of the issuing District shall be applicable to refunding bonds, including, without limitation, Limited Mill Levy, debt limit, maximum interest rate, maximum discount, maximum term, prohibition on acceleration, bank trustee reqMirement and opinion requirements. h. Construction Financing Notes Issued to Developer. The Districts may issue construction financing notes to the Developer ( or another private third party financing the public improvements contemplated herein) to evidence the Districts' obligation to reimburse the Developer's advances for construction costs; any Developer advances which are not so reimbursed shall be treated as Developer contributions as described in Article V.a., above. Such notes shall be subject to the following restrictions set forth above for general obligation or revenue bonds: Limited Mill Levy, debt limit, maximum term, prohibition on acceleration, and opinion as to Service Plan compliance; but such notes shall not be subject to the above-stated bank trustee requirement or bond counsel opinion requirements. The repayment of constr Jction financing notes from proceeds of an equal or lesser principal amount of the District's bonds shall not be treated as an increase in the principal amount of District debt for 24 purposes of the debt limit under this Service .Plan. Such notes shall not be general obligations of the District, shall bear no interest (see Exhibit G), shall be issued only to the Developer (and therefore shall be not be subject to any underwriting discount), and shall not be sold, transferred, assigned, participated or used as security for any borrowing. The Developer hereby represents that it will be an accredited investor, as that term is defined under §§ 3(b) and (4)(2) of the federal "Securities Act of 1933" by regulation adopted thereunder by the Securities and Exchange Commission, if and when it acquires such notes. Such notes shall be paid from proceeds of the District's general obligation bonds (when and if received by the District, and subject to prior satisfaction of the Town regional public improvements requirement as provided in Article V.c., above); otherwise the notes will be unsecured obligations of the District. To the extent that any of such notes are outstanding when the District's general obligation or revenue bonds are also outstanding, payments on the notes may be made only if such payments do not adversely affect the District's ability to pay its general obligation or revenue bonds. The Developer solely assumes the risk of nonpayment or other default on such notes, including, without limitation, delay, inability or failure of the District to sell or issue its general obligation or revenue bonds. i. Identification of District Revenue. Tte Participate Districts will impose a mill levy on all taxable property in the Participate Districts as the primary source of revenue for repayment of debt service and for operations and administration. Mill levies imposed by the Participate Districts for debt service purposes (i.e. the payment of financial obligations of the Coordinating or Participate Districts) shall not exceed 50 mills, and mill levies imposed by the Participate Districts for administration, operations and all other purposes shaH not exceed IO mills, except for Gallagher adjustments permitted under Article V.e., above. In no event shall the total mill levy of any District (for debt service and 25 operations and maintenance combined) exceed 56 mills, except for Gallagher adjustments permitted under Article V.e., above. Although the mill levies imposed may vary depending on the timing and terms of the issuing Districts' bond issues, when projected increases in valuation occur, and how much money is needed for District operations and administration, it is estimated that a mill levy of approximately 40 mills will produce revenue sufficient to support debt service and administration, non-capitalized warranty maintenance and other operating expenses throughout the repayment period for the residential districts and it is estimated that a mill levy of approximately 30 mills will produce revenue sufficient to support debt service and administra:ion, non-capitalized warranty maintenance and other operating. expenses throughout the repayment period for the commercial districts. The Districts shall be permitted to impose a one-time development or facility fee on each single-family unit in an amount not-to-exceed $2,000 per unit and upon each square foot of developable property in an amount not-to-exceed 50¢ per square foot of developable property. The residential facility fee shall be collected no later than upon the issuance of a building permit and the commercial facility fee shall be collected no later than upon the issuance of a certificate of occupancy. In the event the Districts operate and maintain the District Operated Improvements, the District shall be permitted to impose service charges and fees in amounts determined reasonable by the Districts but in no event shall any fees or charges be imposed upon the Town. No other fees or user charges shall be impo,ed by the Districts j .. No Town Financial Obligations or Town Security. The Town and the Districts are separate legal entities. The Town will not be a party to and wiE not be obligated with respect to any financial obligations of the Districts, and the Districts will not pledge any Town funds or assets for security for any financial obligations of the Districts. 26 k. District Operating Expenses. The Districts will require sufficient operating funds to plan and cause the public improvements to be constructed. The costs are expected to include: organizational, legal, engineering, accounting, compliance with state reporting and other administrative requirements, and (to the extent not capitalized) debt issuance costs and compliance with warranty obligations. The first y~ar's operating budget (for 2009) is estimated to be $40,000. The operating budget amounts shown in Exhibit G are expected to be sufficient to enable the Districts to comply with any non-capitalized warranty obligations as described in Article IV.g., above. Until the Districts receive sufficient revenue from ad valorem taxes and other District sources, funds for District organizati,Jnal costs, operations and administration will be contributed by the Developer, which expense may be reimbursed to the · Developer provided that such amount does not exceed the debt limit when combined with other debt issuances. After the issuance of the first certificate of occupancy for a residential property, the Districts shall conduct all regular or special meetings within the Town limits. I. Quinquennial Review. Pursuant to § 32-1-1101.5, C.R.S., the Districts shall submit application for a quinquennial finding of reasonable diligence in every fifth calendar year after the calendar year in whicl: the Districts' ballot issue to incur general obligation indebtedness is approved by their electorate. Upon such application, the Board of Trustees may accept such application or hold a .public hearing thereon and take such actions as are permitted by law. The Districts shall be responsible for payment of the Town consultant and administrative costs associated with such review, and the Town may require a deposit of the estimated costs thereof. The Town shall have all powers concerning the quinquennial review as provided by statutes in effect from time to time. 27 m. Letters. There is attached hereto as Exhibit H a financial consultant's letter stating its ability to underwrite the Districts' bonds as proposed in this Financial Plan. There is attached hereto as Exhibit I a letter from legal counsel for the Districts stating that the petitions for organization of the Districts, this Service Plan, notice and hearing procedures in connection therewith, and provisions thereof (including without \imitation provisions as to the Districts' financial obligations, mill levies, fees and other revenue sources, as well as the intergovernmental agreement provided for in Article XIII and Exhibit M) meet the requirements of titles 11 and 32, C.R.S., and other applicable law. VI. LANDOWNERS' OBLIGATIONS AS TO PUBLIC IMPROVEMENTS The creation of the Districts shall not relieve the Developer, any other landowner or subdivider of property within the Districts, or any of their respective successors or assigns, of obligations to construct public improvements for the developments, of the obligation to enter into a subdivision improvements agreement regarding such improvements, or of obligations to provide to the Town letters of credit as required by the Town to ensure the completion of such public improvements, or of any other obligations to the Town under Town ordinances, rules, regulations or policies, or under other agreements affecting the property within the Districts or the developments, or any other agreement between the Town and the Developer ( or any such landowrer, subdivider or successors or assigns). 28 VII. ANNUAL REPORT Each of the Districts shall be responsible for submitting an annual report (which may be a consolidated report for all of the Districts) to the Town within 120 days from the conclusion of the Districts' fiscal year. Failure of a District to submit such report shall not constitute a material modification hereof, unless the District refuses to submit such report within 30 days after a written request from the Town to do so. The Districts' fiscal year shall end on December 31 st of each year. The content of the annual report shall include information as to the following matters which occi:.rred during the year: a. Boundary changes made or proposed; b. Intergovernmental Agreements entered into or proposed; c. Changes or proposed changes in the Districts' policies; d. Changes or proposed changes in the Districts' operations; e. Any changes in the financial status of the Districts including any issuance of financial obligations or any change in revenue projections or operating costs; f. A summary of any litigation and notices of claim involving the Districts; g. Proposed plans for the year immediately following the year summarized in the annual report; h. Status of construction of public improvements; 1. The current assessed valuation in the Districts; and J. A schedule of all taxes impo_sed and tax or other revenues received in the report year, and proposed taxes to be imposed, and identified revenues to be received in the following year and the revenues raised or proposed to be raised therefrom. 29 The foregoing list shall not be construed to excuse the requirement for prior written Town approval of those matters that are considered material modifications of this Service Plan or for any other required Town approval. The annual report shall be signed by the President and attested by the Secretary of the Districts. Along with the annual report, and at any more frequent intervals as reasonably requested by the Town, the Districts shall provide to the Town a currently dated and written certificate, signed by the President and Secretary of the Districts, certifying that the Districts are in full compliance with this Service Plan. If the Districts are not in full compliance with this ServiGe Plan, the certificate shall include a detailed statement describing such noncompliance, and the Districts shall cooperate fully with the Town in providing further information as to, and promptly remedying, any such noncompliance. The Town reserves the right, pursuant to § 32-1-207(3)( c) and ( d), C.R.S., to request reports from the Districts beyond the mandatory statutory five year reporting report. The Districts shall provide the Town with a copy of the Districts' financial statement annually. In years in which an independent audit is not conducted, the exempted District shall provide the Town with a copy of the application for exemption and the response by the State Auditor. In addition to the foregoing, the Districts shall cooperate with the Town by providing prompt responses to all reasonable requests by the Town for information, and the Districts shall permit the Town to inspect all public improvements and facilities and all books and records of the Districts. VIII. DISSOLUTION Promptly when all of the general obligation bonds to be issued by the Districts have been paid ( or when provision for payment thereof has been made through establishment of an escrow as provided by § 32-1-702(3)(b ), C.R.S.), the Districts will so notify the Town and will cooperate 30 fully with the Town in taking all steps necessary under then applicable law to dissolve the Districts (including, without limitation: formulating a plan of dissolution; executing the Districts' consent to dissolve pursuant to§ 32-1-704(3)(b), C.R.S.; making any necessary agreements as to continuation or transfer of warranty maintenance and other services, if any, which are then being provided by the Districts; submitting petitions for dissolution to the District Court; and, conducting any required dissolution elections). h addition, at any time after the Districts have issued all of its general obligation bonds (excluding refunding bonds) as contemplated by the Financial Plan, and provided there are no ongoing operations and maintenance responsibilities of the Districts, specifically including the ongoing operation and maintenance of the District Operated Improvements, upon the Town's request, the Districts will cooperate fully with the Town to dissolve the Districts pursuant to a plan fo: dissolution stating that there are outstanding financial obligations and providing that the Districr.s will continue in existence (with the Board of Trustees serving as the Districts' Boards of Directors if the Town so elects) to such extent as is necessary to adequately provide for the payment of such financial obligations, as provided in §§ 32-1-702(3)( c) and 32-1-707(2)( c ), C.R.S. To the extent that any financial obligations are owned by the Developer, the Developer shall cooperate fully with the Town to dissolve the Districts. Also, on or after December 31, 2017, if a District has not issued any of its general obligation bonds (or entered into a pledge agreement for the payment of revenue bonds issued by the Coordinating District), and, irrespective of whether any, some or all of the Districts' bonds have been issued, on or after December 31, 2020, the Town shall have the right to require one or more of the Districts to dissolve in accordance with applicable law, and the District will cooperate fully with the Town to dissolve that District. 31 To the maximum extent permitted by law, the above-stated agreements to cooperate in dissolution of the Districts shall be binding on the undersigned Developer and shall also be binding on its successors in title to any and all land in the Districts (including the nominees for the initial Boards of Directors set forth in Article X hereof and succeeding directors who own land within the Districts); and such agreements shall obligate all such persons to cooperate fully with the Town as described above, including without limitation, the signing of petitions, execution of consents, and voting in favor of dissolution in any required election. If prior to the issuance of any bonds or the incurrence of any other financial obligations by the Districts, including the assumption of any obligation to provide improvements that would otherwise have been required by a development agreement, the Districts wish to dissolve in accordance with applicable law, the Town shall consent to such dissolution. IX. CONSOLIDATION With the exception of a consolidation between or among any of the Districts, the Districts shall not file a request with the District Court to consolidate with another district without the prior written approval of the Town. X. ELECTIONS Following approval of this Service Plan by the Town, and after acceptance of the organizaticnal petitions and issuance of orders from the District Court, elections on the questions of organizing the Districts and approving bonded indebtedness and various agreements described herein, including the intergovernmental agreement between the Town. and the Districts contemplated in Article XIII and Exhibit N hereof, will be scheduled. All elections will be 32 conducted as provided in the court orders, the Uniform Election Code of 1992 ( as amended from time to time), and Article X §20 of the Colorado Constitution (the "TABOR Amendment"), and are currentUy planned for November 3, 2009, but may be held on any legally permitted date. However, once the Districts conduct an election to authorize their proposed general obligation bonds, the Districts shall not call or conduct any subsequent election with the purpose or effect of extending the time for quinquennial review pursuant to§ 32-1-1101.5, C.R.S. and Article V.l hereof. ThE election questions are expected to include whether to organize the Districts, election of initial directors, and TABOR Amendment ballot issues and questions. Thus, the ballot may deal with the following topics (in several questions, but not necessarily using the exact divisions shown here:,: a. Whether to organize the Districts, b. Membership and terms of the initial board members, c. Approval of new taxes, d. Approval of maximum operational mill levies, e. Approval of bonds and other financial obligations, f. Approval of an initial property tax revenue limit, g. Approval of an initial total revenue limit, h. Approval of an initial fiscal year spending limit, and 1. Approval of a four year delay in voting on ballot issues. Balbt issues may be consolidated as approved in court orders. Promptly upon approval by the Districts' electorate, the Districts shall provide the Town with copies of all approved ballot issues. The petitioners intend to follow both the letter and the spirit of the Special District Act, the Uniform Election Code and the TABOR Amendment during organization of the 33 Districts. Future elections to comply with the TABOR Amendment may be held as determined by the elected Boards of Directors of the Districts. L1e following persons, who are or will be owners of property within each of the Districts, are anticipated to be nominated for the initial boards of directors of the Districts: Reggie Golden 7899 St. Vrain Road Longmont, Colorado 80503 Scott Ow.c:n 21469 CR 3 Berthoud, Colorado 80513 Barbara Brunk 2718 Vill.mova Court Longmont, Colorado 80503 XI. 11\'DEMNITIES Dale Bruns 1425 Onyx Circle Longmont, Colorado 80504 Martin Dickey 1820 Rolling Gate Fort Collins, Colorado 80526 Tr_e fully executed Fairview Estates, LLC Indemnity Letter and the fully executed 4C Corporation Indemnity Letter attached hereto as Part I of Exhibit J are submitted by the Developer to the Town as part of this Service Plan. The form of the Districts' Indemnity Letter attached hereto as Part II of Exhibit J shall be executed by the Districts and delivered to the Town no later than 10 days after the Districts' first meeting of their directors. The Districts shall not incur any financial obligations of any kind until the Districts' Indemnity Letter has been duly executed by the Districts and delivered to the Town. The execution of such Indemnity Letters are materiil considerations in the Town's approval of this Service Plan, and the Town has relied thereon in approving this Service Plan. 34 XII. DISCLOSURE AND DISCLAIMER; NO THIRD-PARTY RIGHTS Tl:e Districts will also record a statement against the property within the Districts which will include notice of the existence of the Districts, anticipated mill levy and maximum allowed mill levy. The form of the notice is attached hereto and incorporated herein as Exhibit K, subject to any changes requested by the Town in the future. In addition, there is attached hereto as Exhibit L a form of the Town's disclaimer statement. Any issuing District shall conspicuously include this disclaimer statement, or any modified or substitute statement hereafter furnished by the Town, in all offering materials used in connection with any bonds or other financial obligations of the issuing District ( or, if no offering materials are used, the issuing District sfuall deliver the disclaimer statement to any prospective purchaser or investor with respect to such bonds or financial obligations). No changes shall be made to the disclosure and the disclaimer set forth in Exhibits K and L, respectively, except as directed by the Town. Neither this Service Plan, the intergovernmental agreement to be entered into between the Town and the District as described in Article XIII below, nor any other related agreements shall be construed to impose upon the Town any duties to or confer any rights against the Town upon, any bondholders, purchasers, investors, lenders or other third parties. XIII. INTERGOVERNMENTAL AGREEMENTS a. Town IGA. Th~ Districts shall enter into an intergovernmental agreement with the Town which shall be in substantially the form set forth in Exhibit M. The Districts shall execute and deliver the intergove□mental agreement to the Town no later than 10 days after the Districts' first meeting of their directors. The Districts shall not incur any financial obligations of any kind or otherwise 35 perform any functions authorized under this Service Plan until the intergovernmental agreement has been executed and delivered to the Town: The execution of such intergovernmental agreement is a material consideration in the Town's approval of this Service Plan, and the Town has relied thereon in approving this Plan. b. Participation Agreement. The relationship between and among the Coordinating District and the Participate Districts, including the means for approving, financing, constructing and coordinating the public services and improvements needed to serve the developments, is expected to be established by means of E Participation Agreement. The Participation Agreement is expected to generally provide tha~ the Participate Districts will pay to and/or reimburse the Coordinating District over a period of years for the costs of: I) the construction, acquisition, installation and financing of certain pubjc facilities and services; and 2) the operation and maintenance of the landscape and non-potable water improvements. Under the Participation Agreement, the Participate Districts are expected to covenant to levy the taxes necessary, together with other available funds, to meet the payment obligations set forth in the Participation Agreement but in no event shall be obligated to impose a mill levy in excess of the Limited Mill Levy. In return for the payment under the agreement, the Coordinating District would agree to: 1) acquire, construct and equip the facilities; 2) provide for their operation and maintenance; and 3) provide service to the property within the Districts or convey facilities to other appropriate entities which will provide service. 36 c. Financing Agreements. Ag~eements among the Districts may be necessary to effectuate the issuance of bonded indebtedness or to otherwise finance the public improvements, which agreements will be entered into at the time of such issuance and shall not require Town review or approval. No agreement shall obligate any District to impose a mill levy in excess of the Limited Mill Levy. d. Other Intergovernmental Agreements. Except as set forth above, any intergovernmental agreements proposed to be entered into by the Districts shall be subject to review and approval by the Town prior to their execution by the Districts. Failure of the Districts to obtain such approval shall constitute an unauthorized material modification of this Service Plan. XIV. CONSERVATION TRUST FUND The Districts shall not apply for or claim any entitlement to funds from the Conservation Trust Fund or other funds available from or through governmental or nonprofit entities for which the Town is eligible to apply. The Districts shall remit to the Town any and all conservation trust funds which it receives. XV. MODIFICATION OF SERVICE PLAN The Districts shall obtain the prior written approval of the Town before making any material modifications to this Service Plan. Material modifications require a Service Plan amendment and include modifications of a basic or essential nature, including, but not limited to, the following: 37 1. Any change in the stated purposes of the Districts or additions to the types of facilities, improvements, programs, activities or functions provided by the Districts; 2. Any issuance by the Districts of financial obligations not expressly authorized by this Service Plan, or under circumstances inconsistent with the Districts' financial ability to discharge such obligations as shown in the build-out, assessed valuation and other forecasts contained in Exhibit G, or any change in debt limit, change in revenue type (including, without limitation,, the imposition of any tax other than ad valorem property tax as provided in this Service Plan) or change in maximum mill levy ( except for any necessary Gallagher adjustment as provided in Article V.e., above); 3. Any change in the types of improvements or change of more than 15% in the estimated costs of improvements from what is stated in Exhibit E of this Service Plan that adversely impact the Districts' financial ability to discharge their financial obligations; 4. Failure by the Districts to comply with the requirements of Article V.c. of this Service Plan or Section 6 of the intergovernmental agreement (the form of which is attached hereto as Exhibit M) concerning the regional public improvements requirement; 5. Failure by the Districts to enter into the intergovernmental agreement (the form of which is attached hereto as Exhibit M) or failure to execute and deliver the Districts' indemnity letter (the form of which is attached hereto as Exhibit J, Part II), or failure to enter into the IGA Amendment as provided in Article V.c.; 6. Failure to comply with the requirements of this Service Plan concerning the dedication of improvements or the acquisition and conveyance of lands or interests in land; 7. The failure of the Districts to develop any capital facility proposed in this Service Plan when necessary to service approved development within the Districts; 38 8.. Any proposed use of the powers set forth in§§ 32-1-IIOl(l)(f) and-1101(1.5), C.R.S., respecting division of the Districts; 9. The occurrence of any event or condition which is defined under the Service Plan or intergovernmental agreement as necessitating a service plan amendment; 10. The default by the Districts under any intergovernmental agreement; L. Any of the events or conditions enumerated in § 32-1-207(2), C.R.S., of the Special District Act; or 12. Any action or proposed action by the Districts which would interfere with or delay the planned dissolution of the Districts as provided in Article VIIlhereof. (The examples above are only examples and are not an exclusive list of all actions which may be identifieri as a material modification.) T:1e Districts will pay all reasonable expenses of the Town, its attorneys and consultants, as well as the Town's reasonable processing fees, in connection with any request by the Districts for modification of this Service Plan or administrative approval by the Town of any request hereunder. The Town may require a deposit of such estimated costs. XVI. FAILURE TO COMPLY WITH SERVICE PLAN In the event it is determined that the Districts have undertaken any act or omission which violates the Service Plan or constitutes a material departure from the Service Plan (including, without Emitation, any material modification of the Service Plan as described in Article XV which is not duly authorized by the Town), the Town may utilize the remedies set forth in the statutes to seek to enjoin the actions of the violating District or Districts, or may w.ithhold issuance of any permit, authorization, acceptance or other administrative approval for the developments, or may 39 pursue any other remedy available at law or in equity, including affirmative injunctive relief to require the Districts to act in accordance with the provisions of this Service Plan. The Districts shall pay any and all costs, including attorneys' fees, incurred by the Town in enforcing any provision of the Service Plan. To the extent permitted by law, the Districts hereby waive the provisions of§ 32- l-207(3)(b), C.R.S., and agree they will not rely on such provisions as a bar to the enforcement by the Town of any provisions of this Service Plan. XVII. RESOLUTIONS OF APPROVAL The Developer and other proponents of the Districts agree to and shall incorporate the Board of T:ustees' Resolution of Approval, including any conditions cin such approval, into the Service Plan presented to the appropriate district court. Such resolution shall be attached as Exhibit N. XVIII. SE\'ERABILITY If any portion of this Service Plan is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not cause the entire Service Plan to be terminated. Further, with respect to any portion so held invalid or unenforceable, the Districts and Town agree to pursue a Service Plan amendment or take such other actions as may be necessary to achieve to the greatest degree possible the intent of the affected portion. 40 EXHIBITB REVISIONS TO THE HIGHWAY 119 METROPOLITAN DISTRICT NOS.1-6 CONSOLIDATED SERVICE PLAN (Firestone Board of Trustees Meeting, September 10, 2009) 1. Revise references to "Participate" Districts to "Participating" or "Participant" Districts. 2. Delete all provisions providing that the Coordinating District ( or any other District) may own, operate or maintain the "District Operated Improvements." Delete all related provisions referring to same as an exception to an otherwise stated requirement ( e.g., page 2, lines 17-19; page 10, lines 6-7). Similarly delete all provisions providing that these Improvements may be owned, operated and maintained by an owners' association. Revise all provisions to provide that any such Improvements may be owned, operated and/or maintained by a District only if required or authorized pursuant to intergovernmental agreement separate from the Exhibit M intergovernmental agreement. 3. Page 2, line 13, and Page 6, Line 11, revise phrase "when all operations and maintenance purposes of the Districts have been satisfied" to insert "authorized" after "all". 4. Page 2, line 17, revise "as contemplated in Exhibit E" to read "as contemplated as a component of Exhibit E and consisting of a regional park of approximately 20 acres in size that is improved pursuant to a Town-approved final development plan for such park." 5. Page 6, line 9, insert after "service" the following: "or at such earlier time as may be required by law. The Districts are solely responsible for compliance with C.R.S. § 32-1- 107(3)(b)(III) and (IV)." 6. Page 7, line 20, revise "The current population of the Districts in O" to read "The current population within the Initial District Boundaries is O; the current population within the Inclusion Area Boundaries is approximately __ ." 7. Page 10, lines 6-12, revise to incorporate IGA concept set forth in condition 2, above. 8. Page 13, line 1 O; Page 14, line 2, and Page 15, lines 3-4, revise phrase "With the exception of the District Operated Improvements," to incorporate IGA concept set forth in condition 2, above. 9. Page 14, line 20, revise "Final Acceptance" to "Conditional Acceptance." 10. Page 15, lines 9 and 11, revise each reference to "Prior to the issuance of .... " to "Prior to the provision of services (or at such earlier time as may be required by law),". 11. Page 15, lines 13-15, revise sentence beginning with "With" and ending with "Districts" to incorporate IGA concept set forth in condition 2, above. 12. Page 17, line 15, correct number current stated as "35,288.68". 13. Page 18, line one, revise phrase "plus interest at a rate not-to-exceed 8% per annum" to include reference to same benchmark applicable to bonds. Revise Section V.h for consistency. 14. Page 18, lines 14-19; revise sentences to read as follows ( changes in blackline format): At least 2 weeks prior to the issuance of general obligation bonds or revenue bonds, the issuing District shall submit copies of the bond documents to the tiown and the Town shall have the right to review and confirm selely fer the J311ffl0Se ef eellfiffll.illg their consistency with the Service Plan. The Town shall have 1 week to respond with any comments and, if no response is received within this 1 week period, confirmation shall be deemed given-the To·.Yll shall be de0flled to have RO eommellts or eolleerns with the issu(ll}ee. 15. Page 19, line 7, revise "PIRA" to "Public Improvements Reimbursement Agreements relating to the Firelight development and the Union development." 16. Page 19, line 20-21, revise "within the developments," to "and located within or outside of the developments, and as." 17. Page 20, lines 8-9, revise "regional public improvements" to "Regional Improvements". 18. Page 21, line 16, revise "Administrator" to "Manager." 19. Page 22, lines 9-12, revise sentence beginning with "In the event" and ending with "facilities" to incorporate IGA concept set forth in condition 2, above. 20. Page 25, last line, correct punctuation. 21. Page 27, lines 8-11, revise sentence beginning with "In the event" and ending with "Town" to incorporate IGA concept set forth in condition 2, above. 22. Page 33, line 12, correct Exhibit reference to Exhibit M. Correct other Exhibit and internal cross-references as necessary. 23. Page 37, lines 3-4 revise "and 2) the operation and maintenance of the landscape and non- potable water improvements" to add "if authorized by Town IGA" after "improvements". 24. On Exhibit A-1, 8-4, and related maps, clarify the use of the term "Property Boundary'' as it relates to the districts in general and the Firelight property specifically. 25. On Exhibit A-1, and related maps, indentify District 1 as the "Coordinating District" and the other districts as the "Participating [or Participant] Districts" in order to be consistent with the text. 26. On Exhibit A-1 and B-4, and related maps, the planned roadway rights-of-way depictions should be removed from the map. 27. On Exhibit B-2 and C, use the appropriate terms for the Initial District Boundaries and Inclusion Area Boundaries, as defined in the text. 28. The references to "Union Boulevard", "Reservoir Drive" or other unofficial street names should be deleted from all maps as those names have not been approved by the Town Board. 29. Exhibit E: a. Exhibit E, Item "3.0 Storm Sewer" includes 1,500 L.F. of IO'x7' box culvert in the vicinity of WCR 26 and WCR 7 but there is no supplemental information confirming what this is for. This (and most of the improvements listed in this part ,of the cost estimate) are not included in the graphic provided as Exhibit F and should be included. b. Exhibit E, the costs included in "3.0 Storm Sewer" related to offsite storm sewer or over detention are not acceptable. Revise to present the assumed offsite storm sewer improvements and their cost, including quantities and unit prices c. Exhibit E, Item "4.0 Off-Site Street Construction" needs to be revised to drop the "off-site" since many of these improvements are actually on-site. d. Exhibit F, most of the storm sewer improvements listed in Exhibit E are missing from the "Storm Improvement Map" and need to be added. Also, the pipe sizes should be labeled on the graphic. 30. Exhibit K, District Purpose paragraph, revise phrase to read "with the possible exception of certain park, landscaping and non-potable water improvements and facilities." In Tax Information paragraph, revise second to last line to also reference the Gallagher adjustment concept. 31. Exhibit M, Districts-Town IGA, revise IGA consistent with above conditions. RESOLUTION No. Q CJ' d-...9 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING AMONG PUBLl8 AND PRIVATE ENTITIES TO FORM THE NORTH AREA TRANSPORTATION ALLIANCE ("NATA") AND APPOINTING A REPRESENTATIVE AND ALTERNATE. WHEREAS, the Denver region currently serves as home to 2.5 million people and another 1million are expected to move to the metro area by 2030; and 'NHEREAS, by 2030, a large number of the 1 million people moving to this area are anticipated to locate in communities north of Interstate 70 from that rely on north lnterst&te 25 as a major transportation corridor; and WHEREAS, north Interstate 25 has significant congestion issues now and the expected increase in transportation demand will only serve to increase this problem and put pressure on other major transportation systems including US 85, State Highway 7, State Highway 2, and the east/west and north/south corridors that provide transportation access to the communities through this area; WHEREAS, transportation improvements in the north metro area are key to future economic development, improving mobility, and reducing traffic congestion in the north metro area; and WHEREAS, the elected representatives, business leaders and other interested parties are concerned that a collective voice is needed to advocate for transportation improvements within this area; and · V'/HEREAS, the North Area Transportation Alliance is being formed to provide an organization where these transportation issues can be discussed and efforts undertaken to ensure that these issues are addressed; and WHEREAS, the Ta,.,• df Fi'fl sk is served by existing and future transportation and transit systems in this area and desires to be actively involved in ensuring that our transportation and transit needs are met now and in the future. . I . I NOW, THEREFORE, BE IF RESOLVED BY THE TOWN OF FIRESTONE COLORADO AS FOLLOWS: 1. The Town Board approves the Memorandum of Understanding attached hereto and incorporated herein as Attachment A in order to become a member of NATA. {'(\ti ntl'Jt t 2. The Town Board appoints/Ylayor Aue, and c1'r,·JtnJJ.u 11 as the Town's representative and alternate, respectively to represent the Town at NATA. PASSED AND ADOPTED at a r,egular meeting of the Town Board of the Town of Firestone, Colorado, this JO..,,, of Sep-r. , 2009. _n_, f_e_s_-f-c_A.fl-___ , COLORADO C!.J )- , Mayor 2 ATTACHMENT A MEMORANDUM OF UNDERSTANDING ' A MEMORANDUM OF UNDERSTANDING AMONG PUBLIC AND PRIVATE ENTITIES TO FORM THE NORTH AREA TRANSPORTATION ALLIANCE ("NATA"). WHEREAS, the Denver region currently serves as home to 2.5 million people and another 1 million are expected to move to the metro area by 2030; and WHEREAS, by 2030, a large number of the 1 million people moving to this area are anticipated to locate in communities north of Interstate 70 from that rely on north Interstate 25 as a major transportation corridor; and WHEREAS, north Interstate 25 has significant congestion issues now and the expected increase in transportation demand will only serve to increase this problem; WHEREAS, transportation improvements in the north metro area are key to future economic development, improving mobility, and reducing traffic congestion in the north metro area; and WHEREAS, the RTD FasTracks program approved by the voters in 2004 planned to provide commuter rail service to the entire Denver metro area including three lines to serve the geographic area north of 1-25 through the North Metro Line, Northwest Rail and 1-225 Corridor and to provide bus rapid transit improvements along US 36 by 2017; and WHEREAS, ii now appears that these lines will not be built by RTD FasTracks until 2034 or later thereby exacerbating the transportation problems for commuters in the north metro area and potentially limiting the future economic development potential of this area; and WHEREAS, with no significant improvements planned to address congestion on north 1-25 until after 2035, the communities whose residents and employers rely on north 1-25 as the major transportation corridor desire to form a partnership of public and private entities in the north 1-25 corridor to identify, develop, advocate and lobby for transportation solutions that will enhance mobility, drive economic development and reduce traffic congestion in the north metro area; and WHEREAS, a key objective of NATA is to provide an arena for the communities and employers who rely on the transportation systems along the north 1-25 Corridor and within the NATA gecgraphic area to serve their residents and employees to discuss key topics affecting transportation -and take action to further enhance mobility, drive economic development, and reduce traffic congestion in the north metro area; and NO'N, THEREFORE, BE IT RESOLVED that the undersigned organizations agree to form the North Area Transportation Alliance and adopt the mission, membership, and organizational principles set forth in Exhibit A attached hereto and incorporated herein. EXECUTION IN COUNTERPARTS. This Memorandum of Understanding may be executed in counterparts, each of which shall be effective and which together shall constitute one and the same instrument. .... --,-"--· ... ,. COLORADO CIVIL GROUP, INC. TO: FROM: DATE: Engineering Conrultants Ms. Cheri Andersen, Manager, Town of Firestone Dave Lindsay, Colorado Civil Group, Inc., Town Engineer ~. August 10, 2009 SUBJECT: North 1-25 Environmental Impact Statement 0668.0000.01 PROJECT No.: For the past three years I have been representing Firestone on the Technical Advisory Committee (TAC) for the North 1-25 Environmental Impact Statement. This is a COOT project that was initiated to prepare for the next phase of regional transportation improvements to 1-25 and the effected travel corridors in Northern Colorado. Because the project will receive a substantial amount of Federal funding, the National Environmental Protection Act (NEPA) process must be followed, which includes preparation of an Environmental Impact Statement. COOT has assembled an impressive group of consultants, led by Felsburg He-It & Ullivig, to prepare the EIS and its associated transportation modeling. As part of the EIS process it is required that COOT consider various alternatives to meet the transportation needs for the study area. The TAC was formed to allow local governments to be represented by their technical staff during the development and evaluation of alternatives to meet the projected transportation needs. A second group (the RCC) comprised of elected officials and managers followed a similar path as the TAC but from a different perspective. These two groups have been combined as a single stakeholders group for this stage of the project evaluation. To meet the regions long-term transportation needs the TAC had to consider more than just the widening of 1-25. Improvements to other transportation corridors and the introduction of transit options in the northern Front Range were also included in developing a comprehensive transportation solution. The study area included the US 85 corridor on the east and the US 287/SH 119/US 36 corridor on the west. Various improvements to these corridors and their connecting sub-regional corridors to 1-25 were suggested and evaluated. In addition, several alternative modes of transportation were presented as transit options to 1-25 and the parallel corridors. Evaluation criteria was established to assess each alternatives ability to meet transportation goals, address safety issues, it's impact on the environment, and it's cost effectiveness. After almost '.hree years of developing, evaluating, and refining the various options COOT has developed the Recommended Preferred Alternative, a DRAFT of this is attached for your reference. As you can see, the final "solution" is a combination of improvements and programs that are represented to have garnered consensus of the stakeholders, if not actual agreement. In short summary, there are three primary improvement packages that when combined will achieve the overall transportation goals. Below is a brief description of each with its impacts on Firestone: 1-25 Corridor -1-25 will be widened to include additional general purpose travel lanes in both directions as well as adding a single lane in each direction that is solely dedicated to Tolled Express for passenger vehicles and to publicly operated Express Bus service. These planned improvements have the single largest affect on meeting the region's transportation needs. COLORADO CIVIL GROUP, INC.• 1413 W. 29'" Street• Loveland, Colorado 80538 • 970·278-0029 ■ Firestone's transportation network has particular focus on getting traffic to and from 1-25 as a response to current commuting to and from work and home. The improvements to 1-25 will ultimately benefit commute times for both north and south bound commutes and will add two alternative transportation elements. Tolled Express for passenger vehicles (this will be the type without toll booths) provides a specific lane for regional commuters who are willing to pay for the limited access lane. This lane will also be used for a regional bus service known as Express Bus service. This is a limited access bus service that spaces terminals out far enough so that the buses can achieve and maintain a higher rate of speed. One of the terminals being planned is at 1- 25 and SH 119. In addition to this convenience for Firestone residents, these terminals can also be significant economic development hubs. It should also be noted that this service will directly link Firestone to DIA, an advantage to both residents and to businesses. Commuter Rail -A commuter rail system will extend from the currently planned northern terminus of the Fas Tracks project at 1-25 and SH 7 north to Fort Collins to provide alternative transportation service to the communities along this route, with the goal being to reduce the number of vehicles making this commute on 1-25. The system would effectively loop the two currently planned northern termini of the FasTracks project with the eventual connection in Longmont. The alignment of the corridor from Erie to Longmont was debated pretty significantly, as was even making the SH 7 to Longmont connection. Firestone, Weld County and Thornton all lobbied to include this connection. The raw modeling data does not show a significant ridership from our area that would warrant this but intuitively it seemed that the modeling was not 100% representative of long term growth projections or ridership projections. COOT decided to proceed with the connection because their modeling was showing that the connection cut almost 13 minutes off the travel time from Forth Collins to Denver and because it increased the number of North Metro riders. The currently selected alignment has the rail line crossing 1-25 at WCR 8, then up WCR 7 to SH 119 and then over to Longmont. One point of somewhat unresolved contention was ours and Weld County's desire to either add a train station at SH 119 and WCR 7 or to move the currently planned station on the east side of Longmont to this location. As it stands, residents of Firestone and the surrounding area would either have to travel south to the station at 1-25/WCR 8 or to the station at the Longmont Sugar Mill. The current COOT position is that if future conditions warrant it, that one of those options can be added. US 85 Corridor -A commuter bus service is planned from Greeley to Downtown Denver. This element may seem to have the least impact to Firestone but in fact, the vehicles this program removes from the roadway network will have a positive and cumulative impact on Firestone commuters on 1-25 and on US 85. And with bus stops on US 85 planned at SH 52 and at SH 66 it provides an alternative to Firestone commuters traveling this route. In addition to these improvements are more sub-regional improvements to help link these corridors, to connect to FasTracks, and to extend transit services for the North Front Range to DIA. None of these major or minor elements is expected to solve the long term transportation needs of the region but in combination they are expected to satisfy the projects goals. The current step in the project is determining a reasonable phasing plan. Previously, the stakeholders group prepared our assessment of the priority of the planned improvements and programs included in the Preferred Alternative. This exercise was somewhat politically weighted and less technically weighted. However, cosUbenefit is the ultimate balance of these interests and COOT is working hard on that part now. They have pretty clearly stated that with the very limited resources they have available that the phasing plan must advance the whole of the recommended plan but at each step it must be demonstrated that the undertaken task is benefitting as many commuters as possible. The Preferred Alternative has an estimated cost of $2.45 Billion, and COOT estimates they currently have funding for $245 Million now. Once the phasing plan gets a little more in focus I will provide you with an additional update. Please feel free to let me know if there is anything else you need or if you have any questions. COLORADO CIVIL GROUP, INC.• 1413 W. 29'" Street• Loveland, Colorado 80538 • 970-278-0029 Recomme'nded Preferred Alter:natfve LEGEND, ~ Tolled Express Lanes '1m1rntttll!I Express Bu~ -.Co~m1,1ter eu·s --CommUter.Rail t lnteh:hEll'lge uPgr8d0s Number of lanes: ,¢• Gene~I Purpose/T~Hed Express. ''.@'• .Ex~f"ess B~S Tr~ri~it Station ,·@. Commuter BuS '!ransit Station, f Commuter Rall Transit Station .l!ili·', Potential Commuter Rail -· Opefatlonal & Maintenance Facility • Potential Commuter-Bus · Operational & Maintenance Facflity · · D.li!mm Fa_sTracks Rail Line (B);: · FasTraCks / RTD Trarlslt Stal!0f"! -·-· --RTD·Boundafy . ' 'lf$finii~·~\)36Sfiitract:~\ · ·.: .y.est_~_existi~g ~NS._ track:::: ··: · ·· · ,,·.•.· ·. For NORTHl-i5 'EIS· .. • ill_!Orm_a1ion:., coq>eiiuicin.--.. tr~flSPOii~!{!1l;. ....,.,..,., Mission Statement: NORTH AREA TRANSPORTATION ALLIANCE May 14, 2009 MISSION, MEMBERSHIP, ORGANIZATION The North Area Transportation Alliance (NATA) is a partnership of public and private entities in the NORTH 1-25 CORRIDOR working to identify, develop, advocate and lobby for transportation solutions that will enhance mobility, drive economic development and reduce traffic congestion in the north metro area. Membership: The philosophy of "membership" is one of inclusion -local governments, economic development organizations, business organizations, educational and other non-profit organizations within the North Metro and northern Front Range areas interested in supporting transportation issues along the North 1-25 Corridor and within the NATA geographic area. Private sector, economic development and non-profit members will be recruited with the assistance of the locally elected members of NATA. ■ Founding Members -Adams and Weld Counties; City & County of Broomfield; cities of Brighton, Commerce City, Dacono, Federal Heights, Frederick, Firestone, Erie, Northglenn, Longmont, Thornton, and Westminster; the Metro North Chamber; and Adams County Economic Development. Additional members representing public and private organizations are welcome. ■ Voting Members -Each member shall have a representative and alternate, at least one of which shall be an eleded official; all other organizations may have one representative. ■ Term of v:itinq member -one year ■ Ex-officio Members -Representatives from the following who are invited to all NATA meetings, will be provided full materials and given access to the organization but are not voting members: o Staff representatives from Congressional District 2, District 4 and District 7 o Staff representatives from Senator Udall and Senator Bennett's office o State legislators from the NATA region ■ Governance -NATA voting members shall elect a Chair and Vice-Chair to officiate the general membership meetings. The Chair and Vice-Chair shall be authorized to speak on behalf of NATA to communicate the positions approved by NAT A with respect to various transportation issues. The Chair and Vice-Chair shall be members of the Steering Committee. Steering Committee: Because a key objective of NATA is to represent a large and diverse power base, it is anticipated that the membership roster of NATA will be relatively large. Therefore, in order to operate efficiently, a Steering Committee shall be formed from the membership to discuss key topics affecting transportation along the North 1-25 Corridor and within the NATA geographic area to ensure that the work of NATA is aggressively pursued. The Steering Committee will meet more frequently than the full membership to review and discuss key topics and strategies, review and recommend actions, take actions consistent with full membership direction, and set the agenda for the full membership meetings. The Steering Committee will also ensure that all members of NATA are advised of major issues and undertakings and given an opportunity to have full input. The Steering Committee will meet more frequently than the full membership I • ~ • Initial Composition of Steering Committee: ·. . . o one representative ·each official from· Brighton, Broomfield, Commerce City, Erie, Longmont, Northglenn, Thornton, and Westminster; o · one representative from the tri-city area communities: Dacono, Frederick, Firestone; o one representative each from Adams and Weld Counties; o one representative from the various business ·chambers representing businesses within the NATA geographic area; ,. . . . o one representative from the economic development agencies serving communities within the NATA geographic area; · o one or more business representatives recommended by the chambers and economic development agencies. Membership Fees: NATA's membership fee will be based on population. The purpose of the membership fee is to generate revenues to .establish a fund which can be used to pursue lobbying efforts of NATA, Additional membership categories/fees.may be added in the future to . Jnclude member· categories for busin·esses and other non-government organizations. 'i'.G"l~He he il;7'f;[~[tj~ 1 $600 2 $1,200 3 $2,400 • 15,001 to 50,000 50,001 to 100,000 Federal Heights Firestone Frederick Dacono Mead Brighton . Commerce City··· Erie · Northglenn· · Unincorporated Weld County in NATA est City/County of Broomfield ;, Longmont .. Unincor orated Adams Count 4 Over 100,000 . Thornton ·· $3,000 Westminster . *2007 population from State Demographer NATA Geographic Area: <· . Staff Working Group: · The North Area Transportation· Allianc~ serves member communities generally . located south of the Boulder/Larimer County line extended, along the US 85/SH2 corridor, north of 1-70, and east. of Highway 287. The geographic area may be expanded to include other major transportation connections that are key to .carrying out ttie Mission Statement. ' ; • In order to most efficiently utilize the expertise·and work of NATA members; a staff working group will be formed consisting of a staff member from each local government member. The staff working group shall meet regularly or as required to coordinate the work. of NATA, including coordinating Steering Committee Meetings and Full Membership meetings. One of the local governments shall be designated as the "lead" coordinator. · · • 2 . ' ' , t Operating Principles: o All members will be advised of major issues and undertakings and given an opportunity to have full input on official positions taken by NATA. o NATA will establish communication mechanism to keep entire membership informed of actions/activities/etc. o The strength of the organization lies in its membership and ability to speak on behalf of the entire membership. o Circumstances may create opportunities to establish broader alliances to more effectively advocate NATA's interests: i.e. US 36 Corridor, City and County of Denver, Aurora and other 1-225 Corridor Interests as it relates to FasTracks implementation. The Steering Committee is urged to establish these alliances to the benefit of NA TA. Shared Values: o Transportation improvements in the north metro area are key to future economic development, improving mobility and reducing traffic congestion in the north metro area. o NATA should take all steps needed to ensure that needed transportation improvements are identified and included in appropriate DRCOG/CDOT plans and funding secured. o Fas Tracks is an integral part of improving transportation in the Denver metro area and the integrity of a metro-wide fixed rail system depends upon the entire system being built. Building some corridors at the expense of scaling back or eliminating other corridors is not acceptable ... all corridors should share in the risk and the benefits. NATA should take actions needed to ensure that the entire FasTracks system is built. 3 RESOLUTION NO. 09 -.:0 A RESOLUTION AMENDING CHAPTER 15 OF THE FIRESTONE DEVELOPMENT REGULATIONS TO REGULATE THE LOCATION OF MEDICAL MARIWANA DISPENSARIES WHEREAS, marijuana sales have never been expressly addressed by the Town's development regulations because federal and state law generally prohibit the possession and sale of marijuana; and WHEREAS, Article XVIII, Section 14 of the Colorado Constitution, referred to as Amendment 20 and approved by Colorado voters in November 2000, authorizes the use of marijuana to alleviate certain debilitating medical conditions; and WHEREAS, the intent of Amendment 20 was to enable persons who are in medical need of marijuana to be able to obtain and use it without fear of criminal prosecution; and WHEREAS, the passage of Amendment 20 has resulted in the establishment of medical marijuana dispensaries; a,,d WHEREAS, the Board of Trustees finds and determines that it is appropriate to amend the Town's development regulations to expressly regulate the use of land in Planned Unit Developments for medical marijuana dispensaries, so as to prevent establishment of such use in areas that would conflict with the Town's master plan, be inconsistent with surrounding uses, or be detrimental to the public health, safety and welfare; and WHEREAS, the Town is authorized by law, including without limitation C.R.S. § 31-23- 301 et §le9., to establish zoning districts within the Town and to regulate and restrict the use of buildings, structures and land within such districts; and WHEREAS, the Firestone Planning Commission, after notice by publication and a public hearing, has recommended the Board of Trustees approve the amendments to chapter 15 of the Firestone Development Regulations set forth in this resolution; and WHEREAS, the Board of Trustees has provided notice of a public hearing on said resolution by publication as provided by law and held a public hearing as provided in said notice; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 15.2.3 of the Firestone Development Regulations 1s hereby amended to read as follows (word_s added are underlined): 15.2.3 Permitted Office Uses The following office uses are permitted within the EC land use category: J. Medical marijuana dispensaries, subject to the standards in Firestone Municipal Code section 17.20.070 and all other applicable requirements of such Code. Section 2. Section 15.3.2 of the Firestone Development Regulations 1s hereby amended to read as follows (words added are underlined): 15.3.2 Permitted Office Uses The following office uses are permitted within the RC land use category: J. Medical marijuana dispensaries, subject to the standards in Firestone Municipal C:ide section 17.20.070 and all other applicable requirements of such Code. Section 3. Section 15.4.2 of the Firestone Development Regulations 1s hereby amended to read as follows (words added are underlined): 15.4.2 Permitted Office Uses The following office uses are permitted within the NC land use category: I. Medical marijuana dispensaries, subject to the standards in Firestone Municipal Code section 17.20.070 and all other applicable requirements of such Code. Section 4. Exhibit C of the Firestone Development Regulations is hereby amended by the addition of the following definition to be inserted alphabetically into said section: Medical Marijuana Dispensary See Section 17.08.275 of the Firestone Municipal Code Section 5. If any portion of this Resolution is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this Resolution. The Town Board hereby declares that it would have approved and adopted this Resolution and each part thereof irrespective of the fact that any one part be declared invalid. PASSED and ADOPTED this ~ day of Octoh..r , 2009. Attest: i?hitlodof-~~ Town Cle,k 2 TOWN OF FIRESTONE, COLORADO (:L,J J- ' Chad Auer Mayor " .•• •· TOVv-.~i "••... <\ l .,, \_ '·\ l Sr➔~ l" !-r· , •1.,lf,.!. ,,'°,.\ , ·· ..... "••··••''"' 7 \' ··>·.-··'· '-.:·~::_,,.,;: .. •~. RESOLUTION NO. 09-3/ A RESOLUTION APPROVING SPECIAL USE PERMITS FOR KERR-MCGEE OIL & GAS ONSHORE LP TO LOCATE THREE OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE. WHEREAS, Kerr-McGee Oil & Gas Onshore LP (hereinafter "Kerr-McGee" or "Applicant") has submitted to the Board of Trustees of the Town of Firestone an application for special us~ permits to locate within the Town three oil and gas wells referred to as the proposed Homestead 22-4, Homestead 29-4 and Homestead 31-4 Wells, the proposed locations of which are more particularly described in Exhibit A attached hereto; and WHEREAS, Kerr-McGee has submitted applications and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the requested special use permits have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission on October 7, 2009 held a properly noticed public hearing on the proposed special use permit application, and has forwarded to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, after a duly-noticed public hearing, at which evidence and testimony were entered in:o the record, the Board of Trustees finds the special use permits for the Homestead 22-4, . Homestea:l 29-4 and Homestead 31-4 Wells should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees does hereby approve the special use permits for Kerr- McGee OJ & Gas Onshore LP to locate the Homestead 22-4, Homestead 29-4 and Homestead 31-4 Wells within the Town of Firestone, in the location more particularly described in Exhibit A attached hereto, subject to the following conditions: 1. The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. 1 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits, waivers, variances and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 5. Prior to commencement of any work within the Town the applicant, including contractors and subcontractors, shall obtain necessary Contractor's Licenses from the Town. 6. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County, specifically an Overweight Permit from the Town is required for moving the drilling rig. 7. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 8. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant .shall be responsible for all damages to such interests of the Town that are caused by the Applicant. 9. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as-needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 10. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. The well site and tank battery and separator areas shall be secured and screened by chain link fencing with "solid" tan aluminum or vinyl lathing using the Town's standard fence and screening detail. 11. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 2 12. Machinery at the site shall be well-oiled and well-maintained to mitigate noise. 13. To foe extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 14. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 15. During drilling, use a tarp around drilling floor and drawworks to muffle sound. 16. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 17. To tte extent reasonably possible, keep the door to the drill rig engine closed. 18. The l!se of pump jacks shall be limited to those running on electric motors. 19. The drilling rig used for drilling operations shall be Model CAZA-54 or equivalent type of drill rig. 20. Place a gravel apron at the Zinnia Avenue access point. INTRODUCED, READ, AND ADOPTED this.::Pne,lday of O~r ,2009. TOWN OF FIRESTONE, COLORADO eLA,1 J~ • Chad Auer ATTEST: atf!l;:J,1~ Q Town Clerk Mayor 10/912009 1:01 PM [kk.1.] S:IFrrestone\Sulx!ivisions\KerrMcGee Homestead Wells('09).TB.res.doc 3 EXHIBIT A: Well Locations A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 5TH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 2 OF THE HOMESTEAD AT FIRESTONE MINOR PLAT, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, RECEPTION #3289490, RECORDED ON 05/26/2005 AT THE OFFICE OF THE WELD COUNTY CLERK & RECORDER. 4 RESOLUTION NO. 03_-3~ A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE SUBDIVISION AGREEMENT FOR THE SHORES FILING NO. I WHEREAS, the Board of Trustees previously approved a subdivision agreement for the Shores Filing No. I and an amendment thereto, which were recorded in the Office of the Weld County Clerk and Recorder on July 23, 2008 and April 10, 2009, respectively; and WHEREAS, the Board of Trustees desires to approve a second amendment to the subdivision agreement to allow the release of the public improvements guarantee for Phase 1 of the project but to provide that no building permits shall be issued for Phase 1 and development of Phase 2 shall not begin until all public improvements for Phase 1 are complete; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. The Board of Trustees hereby approves the Second Amendment to the Subdivision Agreement for the Shores Filing No. 1, attached hereto and incorporated herein as Exhibit A. INTRODUCED, READ, and ADOPTED this 22ru1 day of October, 2009. ATTEST: TOWN OF FIRESTONE, COLORADO Chad Auer Mayor EXHIBIT A SECOND AMENDMENT TO THE SUBDIVISION AGREEMENT 2 ov-5:flev\ ¼bnf--JUcod,1 C)(\ 10 -~-cl'l SECOND AMENDMENT TO SUBDIVISION AGREEMENT The Shores Filing No. 1 THIS SECO~D AMEN~ TO SUBDIVISION AGREEMENT is made and entered into this~ day of () , 2009, with reference to that certain Subdivision Agreement for the Shores Filing No. 1 ("Subdivision Agreement"), and the First Amendment to the Subdivision Agreement for The Shores Filing No. I, by and between the Town of Firestone, a Colondo municipal corporation ("Town") and Lot Holding Investments, LLC, a Colorado limited liability company; ("Subdivider"), which Subdiv3ision Agreement was recorded July 23, 2008 at Reception No. 3567929 in the Office of the Weld County Clerk and Recorder, and which First Amendment to Subdivision Agreement was recorded April I 0, 2009 at Reception No. 3616055 in the Office of the Weld County Clerk and Recorder. WHEREAS, the Town and Subdivider desire to further amend the Subdivision Agreement to modify public improvement guarantees for Phase I of the development, and to establish a revised deadline for the Subdivider to complete certain Phase 1 public improvements; and; NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the Town and Subdivider agree as follows: I. Subsection 1.6 of the Subdivision Agreement, regarding Conditional Acceptance, is hereby amended to read in full as follows (words added are underlined; words deleted are striokea): 1.6 Conditional Acceptance. No later than fourteen (14) days after improvements are completed for each phase of the Subdivision, Subdivider shall request inspection by the Town. If Subdivider does not request this inspection within fourteen (14) days of completion of improvements for the phase, the Town may conduct the inspection without the approval of Subdivider. Subdivider shall provide "as-built" drawings and a certified statement of ccnstruction costs no later than forty-five (45) days after improvements are completed. If Subdivider has not completed the improvements on or before the completion dates set forth in Section lJ(b), the Town may exercise its rights to secure performance as provided in Section 8.1 of this Agreement. If improvements completed by Subdivider are satisfactory, the Town shall grant "conditional acceptance," which shall be subject to "final acceptance" as set forth herein. If improvements completed by Subdivider are unsatisfactory, the Town shall provide w~itten notice to Subdivider of the repairs, replacements, construction or other work required to receive "conditional acceptance." Subdivider shall complete all needed repairs, replacements, construction or other work within thirty (30) days of said notice, weather permitting. After Subdivider completes the repairs, replacements, construction, or other work required, Subdivider shall request of the Town a re-inspection of such work to determine if conditional acceptance can be granted, and the Town shall provide written notice to Subdivider of the acceptability or unacceptability of such work prior to proceeding to complete any such work at Subdivider's expense. If Subdivider does not complete the repairs, I replacements, construction or other work required within thirty (30) days of said notice, the Town may exercise its rights to secure performance as provided in Section 8.1 of this Agreement. The Town reserves the right to schedule reinspections, depending upon scope of deficiencies. No building permit for the construction of any structure shall be issued by the Town until such time as a sanitary sewer interceptor pipeline is installed and accepted for service by the St. Vrain Sanitation District into which the sanitary sewer system from the Subdivision can be connected. Notwithstanding Section l J(b), the Subdivider shall complete and obtain Town acceptance of all mail box kiosks for Phase I. all street lights for Phase I. and the landscaping and irrigation improvements on Tracts A, B. C and F as shown on the Final Development Plan, prior to the first to occur of {a) the issuance of any building permits for Phase I. (b) any development of Phase 2, or {c) October I. 2010. Further, only after such Phase I public improvements have been accepted by the Town. After that eenditien has been met and the sanitary sewer interceptor pipeline has been accepted for service by St. Vrain Sanitation District, the Town may issue no more than 2Q lLbuilding permits in Phase 2, re13resenting a1313rei,imately 2Q% ef the 13latted single family residential lets, for the construction of single family residences until all the water lines, fire hydrants, sanitary sewer lines and streets (including curb, gutter, and sidewalk pavement with at least the base course completed) serving such structure have been completed and granted conditional acceptancet ef these 2Q litiilding 13efffli!s, ne mere than 9 may lie isSHed in Phase I. No building permits shall be issued for any structure located in excess of nine hundred feet from a single point of access. 2. Subsection 1.1 !(b) of the Subdivision Agreement, regarding financing and improvement guarantees for public improvements is hereby amended to read in full as follows (words added are underlined; previously underlined words deleted arc strieken; references to Exhibit C and Exhibit D below were included in original Subdivision Agreement): (b) At or prior to recording of the final Plat, Subdivider shall submit to the Town an Improvement Guarantee for , at a minimum, the public improvements related to the first phase of the Subdivision. The term of the guarantee shall be for a period of time sufficient to cover the completion of construction of the public improvements. Said guarantee may be in cash, certified check, or a letter of credit in form and substance as shown on Exhibit D attached hereto and incorporated herein by reference. Said guarantee, if a letter of credit, shall not expire during the winter season (November I -March I). Said Improvement Guarantee shall include, but not be limited to, street construction, landscaping, fencing, street lights, water, sewer, storm sewer and drainage improvements. Building permits shall be issued only as described in Section 1.6 of this Agreement. The total amount of the guarantee shall be calculated as one hundred percent (100%) of the total estimated cost including labor and materials of all public improvements to be constructed as described on Exhibit C. The improvement guarantee shall not be released until conditional acceptance of the improvements has been granted by the Town, except that for Phase 2 the Town shall retain fifteen percent (15%) of the total amount of the improvement guarantee until final acceptance of the improvements is granted. The Town shall release the entire public improvements guarantee for Phase I after conditional acceptance is granted. but as stated in Provision 1.6 of this Agreement, shall not issue any building permits in Phase I. nor shall development of Phase 2 2 begin, until the Subdivider has completed and obtained Town acceptance of all mail box kiosks for Phase I, all street lights for Phase 1, and the landscaping and irrigation improvements on Tracts A, B, C, and F as showri on the Final Development Plan. Except as amended by this Second Amendment and the previously approved First Amendment, the Subdivision Agreement shall remain in full force and effect in accordance with its terms. IN WITNESS WHEREOF, the Town and Subdivider have executed this Second Amendment to Subdivision Agreement as of the day and year first above set forth. STATE OF COLORADO COUNTY OF --- SUBDIVIDER: LOT HOLDING INVESTMENTS, LLC, a Colorado limited liability company By: ------------ Bret Hall, Manager ACKNOWLEDGMENT ) ) ss. __ ) The foregoing instrument was acknowledged before me this _ day of _______ , 2009 by Bret Hall, Manager of Lot Holding Investments, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: __________ _ (SEAL) Notary Public 3 TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor ATTEST: Judy Hegwood, Town Clerk 4 TO: Ms. Cheri Andersen, Manager, Town of Firestone FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer~ DATE: October 17, 2009 SUBJECT: The Shores Filing No. 1 PROJECT No.: 0668.0097.00 ;Accompanying this memo is the final DRAFT of the proposed Second Amendment to the Subdivision Agreement for the Shores Filing No. 1. This amendment was requested by the developer/applicant (Lot Holding Investments, LLC) to relieve their public improvements security requirement for Phase 1 of the project. Staff has crafted an amendment that would allow for the release of the current letter of credit for Phase 1. The applicant will give up the ability to secure any building permits for any portion of the residential development (both Phase 1 and Phase 2) until the final public improvements are completed and will be required to complete them under any circumstance by October 1, 2010. There are only three public improvements requited to be completed. 1) Landscape improvements on Town owned tracts along the perimeter of the development 2) Street lights in Phase 1 3) Mailbox Kiosks in Phase 1 None of these improvements are needed until there are residents in the development to use them. Even the landscaping must be maintained by the HOA which currently just the developer. All of the primary infrastructure has been completed and was granted Conditional Acceptance in October of last year (See attached). The cash-in-lieu payment for the improvements in Mountain Shadows Park was previously made (and documented with the First Amendment to the Subdivision Agreement) and the park improvements have been completed. This amendment only removes the warranty security for Phase 1. No development can occur on any part of the residential development until the Phase 1 punch list is entirely completed and accepted by the Town. If the current owner were to sell all or a portion of the development to a third party, they would be made aware of the building permit restriction via this amendment since it will be a recorded document and will show up on a title commitment. The developer/applicant has already agreed to these terms and signed the amendment. We would recommend having this item considered for action by the Board at their regular meeting on October 22, 2009. Let me know if you have any questions or if I need to provide any additional information. COLORADO CIVIL GROUP, INC. o 1413 W. 29'" Street o Loveland, Colorado 80538 o 970-278-0029 ■ Mr. Dan Worden Firestone A Community /11 Motion Lot Holding Investments, LLC 1760 Broad Street, Unit E Milliken, CO 80543 Re.: The Shores Filing No. 1, Phase 1 Project No. 0i.568.0097.0b Dear Mr. Worden: August 25, 2008 Pursuant to Section 1.6 of the Subdivision Agreement for The Shores Filing No. 1, you are hereby granted Conditional Acceptance of the public improvements for Phase 1. Per the conditions of Section 1. 7 Subdivision Agreement the warranty period for the public irnprovements shall commence on this date and extend for one year. If any defects in the public improvements are discovered and corrected during the warranty period the warranty for those items shall extend for another year from the date the Town accepts the corr6ction. At the conclusion of the warranty period you may request Final Acceptance per the conditions of the Subdivision Agreement. The public improvements securit~ posted for Phase 1 of $1,568,118.00 may now be redu,;ed to 15%, or $235,217.70. The 15% secwity shall remain with the Town during the v,,arranty period and will be released once Final Acceptance of Phase 1 has been issued. Also, no work on Phase 2 shall commence until such lime as the public improvements security has been posted. A plmch list of some final items to be completed accompanies this Conditional Acceptance. These items must .be completed by the dates shown or you will be in breach of yo.ur Subdivision Agreement Please feel free to contact me if you have any questions. Sincerely, ~ r - LJ___ -J~- David B. Lindsay,P~f-· Town Engineer cc: Mr. Rob Fleck, District Engineer, St. Vrain Sanitation District Mr. Dave Puccetti, Fire Marshall, Frederick,Firestone Fire Protection District I 51 Grant Ave. • P.O. Box I 00 • Firestone, CO 80520 (303) 833-3291 •fax (303) 833-4863 CONDITIONAL ACCE-PTANCE PUNCH LIST Required completion dates are listed iri parenthesis Public Improvements 1. Install mail box kiosks (April 1, 2009) 2. Install all street lights (November 1, 2008) :3. Provide cash 0 in°Iieu of the proposed Mo\.Jnfaih Shadows Park improvements in the al'l1ount of$85,750.00 (October 1, 2008) ·· 4 Install the la.nclscaping ancl irrigation improvements in Tr.acts A, B, C, & Fas shown 6n the FOP. {April 1, 2009) . 5. Provide mylar set of as-built drawings. (When .Phase 2 is completed) RESOLUTION No.11]__-3.3 A RESOLUTION OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN AND THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-IJ CONCERNING THE JOINT USE OF FACILITIES WHEREAS, the Town of Firestone ("Town") and the St. Vrain Valley School District RE- IJ ("District") have negotiated a proposed Agreement for Joint Use of Facilities Between the Town of Firestone and the St. Vrain Valley School District RE-IJ; and WHEREAS, the availability of school and park facilities and the nature of many recreation programs lead to a natural and beneficial union of interests in joint use of facilities; and \vHEREAS, the Board of Trustees desires to enter into the proposed Agreement for Joint Use of Facilities between the Town of Firestone and the St. Vrain Valley School District RE-IJ, and finds tha: such agreement is in the best interest of the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves that certain Agreement for Joint Use ofFacifaies between the Town of Firestone and the St. Vrain Valley School District RE-IJ, by and between the Town of Firestone and the St. Vrain Valley School District RE-IJ, a copy of which is attached hereto as Exhibit A ("the IGA"). Section 2. The Mayor and Town Clerk are authorized and directed to execute such IGA on behalf of the Town, except that the Mayor is hereby further authorized to negotiate and approve such revisions to said IGA as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the IGA are not altered. Section 3. A true copy of the fully-executed IGA shall be deposited with the Clerk of the Town and available for public inspection as the Clerk's office. Attest: INTRODUCED, READ, and ADOPTED this~J day of Odotu r , 2009. 1 TOWN OF FIRESTONE, COLORADO C'L .. ✓ JI_ > Chad Auer Mayor ~ ..;ro ... •··\owit···-.. l ·••. SEAL ····• ................. -;' . ,.,i\JTy C ? '--'..~~ Judy Hegwood Town Clerk 2 RESOLUTION NO. Qq -3 {j. A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE ADAM FARM ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Adam Farm Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under§ 31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed within the meaning of Sections 31-12-107(1)(g), -110(2) or-112, C.R.S. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, December 10, 2009 at 7:00 p.m. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. 1 Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town :if Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this 22 nd day of October, 2009. ATTEST: Town Clerk I 0/15/2009 5:40 Prv:[kkh ]S :IFJTCStone\Annel(atio1i\A.damFarm SubComp.res.doc 2 ChadAuer 7 Mayor ,..-·· TOWN·• •• l . SEAL \..... . .. / ADAM FARM ANNEXATION EXHIBIT A LEGAL DESCRIPTION A PORTION OF LOTS AAND B, RECORDED EXEMPTION NO. 1313-4-2-RE 1085, ACCORDING TO THE MAP RECORDED MAY 24, 1988 AT RECEPTION NO. 2142263 IN BOOK 1197, BEING LOCATED IN THE NORTH 1/2 OF SECTION 4, 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 THE CENTER QUARTER CORNER OF SECTION 4, AS MONUMENTED BY A RECOVERED 3-1/4" ALUMINUM CAP, "LS 22098", WHENCE THE NORTH QUARTER OF SAID SECTION 4 BY A RECOVERED 3-1/4" ALUMINUM CAP, "LS 22098" IS ASSUMED TO BEAR N 00°36'47" E, A MEASURED DISTANCE OF 2606.04 FEET, WITH ALL BEARINGS RELATIVE TO HEREON; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, S 89'22'52'W A DISTANCE OF 258.81 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 5-1/2, SAID POINT ALSO BEING 30.00 FEET EAST OF AND PARALLEL TOA LINE THAT IS 17.5 RODS WEST OF THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, N 00'36'47" E, A DISTANCE OF 2576.65 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF COUNTY ROAD 26 AS DEDICATED BY BOOK 86 AT PAGE 273, SAID POINT ALSO BEING 30.00 FEET SOUTH OF AND PERPENDICULAR TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 89'30'56" E, A DISTANCE OF 258.80 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, N 89'31'14" E, A DISTANCE OF 2624.85 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 7, AS DEDICATED BY BOOK 86 AT PAGE 273, SAID POINT ALSO BEING 30.00 FEET PERPENDICULAR TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 7, S 00'25'00" W, A DISTANCE OF 2567.47 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, S 89'20'15" W, A DISTANCE OF 2633.83 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 4 AND THE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINS 7,427,416 SQ. FT. OR 170.510 AC., MORE OR LESS. 3 RESOLUTION NO. Qq -35" A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO,KNOWN AS THENEWBYFARMANNEXATIONNO. l TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Newby Farm Annexation No. 1 has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under§ 31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed within the meaning of Sections 31-12-107(1)(g), -110(2) or-112, C.R.S. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, December 10, 2009 at 7:00 p.m. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. 1 Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town -:if Firestone, and will pass one or more ordinances zoning the subject propertyifrequested in the petition. INTRODUCED, READ, and ADOPTED this 22 nd day of October, 2009. ATTEST: 'ihtJo~ Town Clerk 10/15/2009 5:40 PM[kkh]S:\FirestonclAnnexation\NewbyFarm Nol SubComp.rcs.doc 2 ChadAuef Mayor NEWBY FARM ANNEXATION NO. 1 EXHIBIT A LEGAL DESCRIPTION A PORTION OF LAND SITUATED IN THE SOUTH HALF OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST QUARTER OF SECTION 33, AS MONUMENTED BY A RECOVERED 3-1/4" ALUMINUM CAP, "LS 37945", WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 33, AS MONUMENTED BY A RECOVERED 3- 1/4" ALUMINUM CAP, "LS 22098" IS ASSUMED TO BEAR N 89'30'56" E, A MEASURED DISTANCE OF 2634.41 FEET, WITH ALL BEARINGS RELATIVE TO HEREON; THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, N 00'20'08" W, A DISTANCE OF 30.00 FEET TO A POINT THAT IS 30.00 FEET PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, AS WELL AS BEING ON THE NORTHERLY RIGHT-OF-WAY LINE COUNTY ROAD 26 AS DESCRIBED IN BOOK 86 AT PAGE 273; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE 30.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, N 89'30'56" E, A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE COUNTY ROAD 5 AS DESCRIBED IN BOOK 86 AT PAGE 273 AND THE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE COUNTY ROAD 5, N 00'20'08" W, A DISTANCE OF 30.00 FEET TO A POINT THAT IS 60.00 FEET NORTH OF AND PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33; THENCE ALONG A LINE 60.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, N 89'30'56" E, A DISTANCE OF 2604.53 TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33; THENCE ALONG A LINE 60.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33, N 89'31'14" E, A DISTANCE OF 2624.98 TO A POINT THAT IS 30.00 FEET WEST OF AND PERPENDICULAR TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33, AS WELL AS BEING ON THE WESTERLY RIGHT- OF-WAY LINE COUNTY ROAD 7 AS DESCRIBED IN BOOK 86 AT PAGE 273; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 7, S 00'00'15" E, A DISTANCE OF 30.00 FEET TO A POINT THAT IS 30.00 FEET NORTH OF AND PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33, AS WELL AS BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 26 AS DESCRIBED IN BOOK 86 AT PAGE 273; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33, S 89'31'14" W, A DISTANCE OF 2624.86 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, S 89°30'56" W, A DISTANCE OF 2604.47 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE COUNTY ROAD 5 AND THE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINS 156,883 SQ. FT. OR 3.602 AC., MORE OR LESS. 3 RESOLUTION NO. __09__-3 (n A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE MEADOW FARM ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Meadow Farm Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under§ 31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed within the meaning of Sections 31-12-107(1)(g), -110(2) or-112, C.R.S. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, December IO, 2009 at 7:00 p.m. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property ifrequested in the petition. 1 Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this 22 nd day of October, 2009. ATTEST: I 0/15/2009 5 :40 PM[~.lch]S:\Firestone\Anncxation\MeadowFann SubComp.res.doc 2 / Chad Auer Mayor MEADOW FARM ANNEXATION EXHIBIT A LEGAL DESCRIPTION A PORTION OF LOT A RECORDED EXEMPTION NO. 1313-04-2-RE 2540, ACCORDING TO THE MAP RECORDED JANUARY 11, 2000AT RECEPTION NO. 2743689, BEING A PART OF THE NORTHWEST QUARTER OF SECTION 4. TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 4 AS MONUMENTED BY A RECOVERED 3-1/4" ALUMINUM CAP, "LS 37945" AND AT THE NORTH QUARTER CORNER OF SAID SECTION 4 BY A RECOVERED 3-1/4" ALUMINUM CAP. "LS 22098" IS ASSUMED TO BEAR N 89°30'56" E, A MEASURED DISTANCE OF 2634.41 FEET, WITH ALL BEARINGS RELATIVE TO HEREON; THENCE S 01"05'30" W, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 30.01 FEET, TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 26 AS DEDICATED BY BOOK 86 AT PAGE 273, SAID POINT ALSO BEING 30.00 FEET SOUTH AND PERPENDICULAR TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4 AND THE POINT OF BEGINNING; THENCE N 89°30'56" E, ALONG THE SOUTHERLY LINE OF SAID RIGHT-OF-WAY tlNE AND BEING PARALLEL TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 300.11 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE WEST LINE OF ON THE NORTHWEST QUARTER OF SAID SECTION 4, S 01"05'30" W, A DISTANCE OF 370.14 FEET TO THE SOUTHEAST CORNER OF SAID LOT A; THENCE ALONG THE SOUTH LINE OF SAID LOT A AND BEING PARALLEL TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4. S 89°30'56" W. A DISTANCE OF 300.11 FEET TO THE SOUTHWEST CORNER OF SAID LOT A, SAID POINT ALSO BEING ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 01°05'30" E, A DISTANCE OF 370.14 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 111,040 SQ. FT. OR 2.549 AC., MORE OR LESS. 3 RESOLUTION NO. 09-37 A RESOLUTION APPROVING AN ASSIGNMENT AGREEMENT FOR TOWN ACQUISTION OF RIGHTS OF PARTICIPATION IN THE NORTHERN COLORADO WATER CONSERVANCY, NORTHERN INTEGRATED SUPPLY PROJECT WATER ACTIVITY ENTERPRISE WHEREAS, the Central Weld County Water District (CWCWD) has been a participant in the Northern Colorado Water Conservancy District, Northern Integrated Supply Project Water Activity Enterprise, known as NISP, since its inception in 2003 and subscribed for 17.75% of 100% of the project yield ofNISP, and WHEREAS, CWCWD has been a participant for its 17.75% in Four Interim Agreements regarding NISP dated January I 0, 2003, January 14, 2004, December 17, 2004, and January 24, 2006 (the NISP Agreements); and WHEREAS, the Town of Firestone is a similar.participant in NISP; and WHEREAS, there has been proposed an Assignment Agreement for CWCWD to transfer 3.25% of its 17.75% of 100% of the NISP right, title and interest in the NISP Agreements to the Town, for payment of$154,848.25; and \VHEREAS, the Board of Trustees desires to approve such Assignment Agreement and authorize .its execution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. The proposed Assignment Agreement between the Town of Firestone and the Central Weld County Water District for transfer and assignment to the Town of rights of participation in NISP, is hereby approved in essentially the same form as the copy of such Assignment Agreement accompanying this Resolution. 2. The Mayor is authorized to execute such Assignment Agreement, except that the Mayor is hereby granted the authority to negotiate and approve such revisions to said Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. 3. The Mayor, Town Manager, Director of Operations and Town Staff are further authorized to do all things necessary on behalf qf the Town to perform the obligations of the Town under such Agreement. INTRODUCED, READ, and ADOPTED this_.2l 11 ~ay of O C--hllli r , 2009. I ATTEST: ~11~ own Clerk 2 TOWN OF FIRESTONE, COLORADO ChadAuer 1 Mayor ASSIGNMENT AGREEMENT ~ t:, Assignment Agreement is made and entered into this J.2 day of Oc .ne V: , 2009, by and between the Central Weld County Water District, a Title 32 special district and political subdivision of the State of Colorado, hereinafter "CWCWD", and the Town cf Firestone, a Colorado municipal corporation, hereinafter "Firestone". WITNESSETH: A. WHEREAS, CWCWD has been a participant in the Northern Colorado Water Conservan,;y District, Northern Integrated Supply Project Water Activity Enterprise, known as NISP, since its inception in 2003 and subscribed for 17.75% of 100% of the project yield of NISP, and B. WHEREAS, CWCWD has been a participant for its 17.75% in Four Interim Agreements regarding NISP dated January 10, 2003, January 14, 2004, December 17, 2004, and January 24, 2006; and C. WHEREAS, Firestone is a similar participant in the NISP project; and D. WHEREAS, CWCWD wishes to transfer and assign to Firestone a portion of its interest in the four Interim Agreements. NOW, THEREFORE, it is agreed between the parties as follows: 1. For and in consideration of the sum of $154,848.25 and payment of any additional assessments issued by Northern Colorado Water Conservancy District after December 31, 2007, the receipt and sufficiency of which is established, CWCWD agrees to and does hereby transfer and assign 3.25% of its 17.75% of 100% of the NISP right, title and interest in the following agreements to the Town of Firestone: a. Interim Agreement between the Northern Colorado Water Conservancy District, Northern Integrated Supply Project Water Activity Enterprise, and CWCWD dated January 10, 2003; b. Second Interim Agreement between the Northern Colorado Water Conservancy District, Northern Integrated Supply Project Water Activity Enterprise and CWCWD dated January 14, 2004; c. -Third Interim Agreement between the Northern Colorado Water Conservancy District, Northern Integrated Supply Project Water Activity Enterprise and CWCWD dated December 17, 2004; and d. · Fourth Interim Agreement between Northern Colorado Water Conservancy District, Northern Integrated Supply Project Water Activity Enterprise and CWCWD dated January 26, 2006. 2. CWCWD certifies that it is current in all payments to the Northern Colorado Water Conservancy District as of December 31, 2007. 3. CWCWD further certifies that it is not in default under any of the terms and conditions of the four agreements herein transferred and assigned to the Town of Firestone and that it has not received a letter of default from the Northern Colorado Water Conservancy District. 4. Both parties acknowledge that the consent of the Northern Colorado Water Conservan,:y District is required for the transfer and assignment of these contracts and that the consent of Northern Colorado Water Conservancy District shall not be unreasonably withheld. 5. Firestone agrees to pay to CWCWD, upon approval of the transfer and assignment by Northern Colorado Water Conservancy District, the sum of $154,848.25, and further agrees to pay when due any additional assessments issued by Northern Colorado Water Conservancy District after December 31, 2007. The amount of$154,848.25 will be paid within five days of the date of approval of the transfer and assignment by Northern Colorado Water Conservancy District. 6. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement. 7. Complete Agreement. This Agreement embodies the whole agreement of the parties. TI,ere are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. Except as provided herein, there · should be no modification of this Agreement except in writing executed with the same formalities as this Agreement. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 8. Modification and Waiver. No modification of the terms of this Agreement shall be valid, unless in writing and executed with the same formality as this Agreement, and no waiver of the breach of the provisions of any section of this Agreement shall be construed as a waiver of any subsequent breach of the same section or any other sections that are contained herein. 9. Attorney Fees. In the event that either party finds it necessary to retain an attorney in connection with the default by the other as to any of the provisions contained in this Agreement, the defaulting party shall pay the other's reasonable attorney fees_ and costs incurred in enforcing the provisions of this Agreement. 2 I 0. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof 11. Counterparts. This Agreement may be executed in several counterparts and, as so executed, shall constitute one agreement, binding on all of the parties even though all of the parties have not signed the same counterpart. Any counterpart of this Agreement which has attached to it separate signature pages, which altogether contain the signatures of all the parties, shall be deemed a fully executed instrument for all purposes. CENTRAL WELD COUNTY WATER DISTRICT By-,-____________ _ ATTEST: TOWN OF FIRESTONE By CLJ~-- Chad Auer, Mayor CONSENT TO ASSIGNMENT The Northern Colorado Water Conservancy District and the Northern Integrated Supply Project Water Activity Enterprise, known as NISP pursuant to paragraph 7 of the four Interim Agreements regarding NISP dated January 10, 2003, January 14, 2004, December 17, 2004, and January 26, 2006 consent to the above Assignment Agreement between CWCWD and the Town of Firestone. Dated this __ day of ______ _, 2009. The Northern Colorado Water Conservancy District and the Northern Integrated Supply Project Water Activity Enterprise. By: ____________ _ Its: General Manager ATTEST By _____________ _ Acting Secretary 3 INTERIM AGREEMENT BETWEEN THE . NORTHERN COLORADO WATER CONSERVANCY DISTRICT, NORTHERN INTEGRATED SUPPLY PROJECT WATER ACTIVITY ENTERPRISE, AND CENTRAL WELD COUNTY WATER DISTRICT FOR PARTICIPATION IN THE NORTHERN INTEGRATED SUPPLY PROJECT This Agreement is made and entered into as of January I 0, 2003, by and between the Northern Colorado Water Conservancy District (a quasi-municipal entity and political subdivision of the State of Colorado), acting by and through its No1them Integrated Supply Project Water Activity Enterprise (a government-ov\/Iled business within the meaning of Article X, Section 20(2)(d), of the Colorado Constitution, organized pursuant to C.R.S. §§ 37- _45.1-101 et seq.), whose address is 1250 North Wilson Avenue, Loveland, Colorado 80537 (the "NISP Enterprise"), and Central Weld County Water District, whose address is 2235 Second Avenue, Greeley, Colorado 80631 ("Participant"). Recitals A. The NISP Enterprise is developing a water project (the "Project") for the purpose of developing a new reliable water supply'for the beneficial use of the Participant and other entities. B. Overall Project costs will be divided amo,,g the entities that participate in the Project. C. The First Phase of the Project consisted of preliminary studies to evaluate potential Poudre reservoir sites and the South Platte Water Conservation Project. The First Phase has been accomplished and there appear to be potential project configurations that may serve the needs of the Project D. The NJSP Enterprise is now pursuing the Second Phase of the Project, which consists of additional reservoir site evaluations, alternatives analysis, environmental studies, financial analyses, and related work. It is necessary that ihe NISP Enterprise pursue the Second Phase of the Project at this time in order to be able to complete the Project on the time schedule desired by the participants. E. Continuation and completion of the Second Phase ofthe Project on behalf of the participants will require funding to complete reservoir site evaluations, alternatives analysis, environmental studies, financial analyses, and related work. Agreement I. Participant agrees to participate in completing the Second Phase of the Project to complete reservoir site evaluations, alternatives analysis, enviromnental studies, financial analyses, and related work for the Project, under and pursuant to the terms and conditions of this Agreement. A description of Phase II is included in Exhibit A. Participation in the Second Phase of the Project in no way obligates Participant to subsequent phases of the Project or to continue involvement in the Project in any manner. 2. For the purposes of cost allocation in Phase II, an equivalent storage quantity has been calculated for those participants who desire Project water yield. A storage to yield ratio of seven to one was used for this calculation. This equivalent storage is used for initial cost allocation purposes only and does not reflect the actual Project configuration. Participant's initial desired capacity in the Project is 5,000 acre-ft of water yield and 2,500 acre-ft of additional firming storage. The equivalent storage capacity allocation in the Project shall be 37,500 acre-feet of storage space. Participant may request a reduction, but not an increase, in allocated storage capacity, Which will be implemented by the NISP Enterprise so long as any increased costs of design, environmental studies, permitting or other matters are paid by the Participant. If a reduction in Participant's capacity is made, the formula for allocation of costs among the participants shall be changed accordingly so that all participants bear a pro rata share of the Second Phase costs of the Project after the change based on their final allocation of storage capacity. 3. Participant agrees to provide to the NISP Enterprise funds for its pro rata share of the costs necessary to complete the Second Phase of the Project. The NISP Enterprise estimates that Participant's pro rata share of the costs of the Second Phase of the Project is $168,000. Participant will pay the NISP Enterprise its pro rata share of the Second Phase costs on or before January I 0, 2003. These estimated costs will not be increased or exceeded without the prior written approval of Participant. However, if the Second Phase of the Project cannot be completed within these estimated costs, the NISP Enterprise is not obligated to complete the Second Phase of the Project for the benefit of Participant unless sufficient additional pro rata funds as determined by the NISP Enterprise are provided by Participant. Attached hereto as Exhibit B is a table shO\ving the pro rata share of the costs of the Project for each participant based upon current allocations of capacity in the Project. Any participant which joins the Project after this Agreement is executed and is not listed in Exhibit B will be charged the same cost per acre foot of Project storage space for Phase II as all other participants. Participant funds that are not expended during Phase II will be rebated back to each participant pro rata based on each participant's contribution of funds to the Project in Phase JI. 4. In the event that Participant fails to make any of the payments set forth above at the specified times, the NISP Enterprise shall have the right to te1minate this Agreement and cease all work on the Project for the benefit of Participant. TheNISP Enterprise shall 2 give Participant thirty (30) days' advance written notice of its intention to tem1inate this Agreement and cease work on the Project for Participant's benefit under this paragraph. Participant shall have until the end of said JO-day period in which to make all pa~t due payments in full in order to cure its default hereunder. Participant shall in any event be responsible for its pro rata share of costs of the Second Phase of the Project actually incurred by the NISP Enterprise up to the date of termination of this Agreement. 5. The NISP Enterprise agrees to diligently pursue tile Second Phase of the Project in good faith to the extent that funds therefore are provided by the Participant under this Agreement and by other participants under similar agreements. By entering into this Agreement and accepting payments from Participant, the NISP Enterprise does not obligate itself to, nor does the NISP Enterprise warrant, that it will proceed with the Project beyond tl1e Second Phase or that it will construct or operate the Project. At the end of the Second Phase, the NISP Enterprise will determine after consultation with the participants whether to proceed with the Project. The NISP Enterprise agrees that, if the participants provide all required funding, ifilie NISP Enterprise has the ability, and if the Project is feasible and practical, it will pursue the construction and operation of the Project if requested to do so by sufficient participants to fully fund the .Project. In the event that tl1e NISP Enterprise decides not to proceed with the Project, it will so notify Participant and this Agreement will immediately and automatically tenninate upon the giving of such notice. 6. In the event of termination of this Agreement or of the Project, Participant shall not be entitled to any return of funds paid to the NISP Enterprise for the Project, unless payments by partidpants exceed the NISP Enterprise's costs, in which case a pro rata refund will be ma:.le. In the event of such termination, Participant shall be entitled to receive copies of any work products developed by the NISP Enterprise or its consultants on behalf of Participant, and NISP Enterprise shall convey to Participant, as a tenant in common with all other participants who have not been terminated under paragraph 4 above, a pro rata interest in all real and personal property acquired by the NISP Enterprise for the Project with funds provided under this Agreement or similar agreements with other participants. 7. Participant shall have the right to assign this Agreement and Participant's right, hereunder, with the written consent of the NISP Enterprise, which consent shall not be unreasonably withheld, to any person or entity that is eligible to receive water deliverable through the Project and that is financially able to perform this Agreement. 8. In the event thatthis Agreement is terminated for any reason, Participant shall not be entitled to any return of any funds paid to the NISP Enterprise for the Project, and the NISP Enterprise shall have no further obligations to Participant, except as provided .in Paragraph 6 above for those participants who have not been tem1inated under paragraph 4 above. 3 9. This Agreement is the entire agreement between the NlSP Enterprise and Participant regarding participation in the Project and shall be modified by the parties only by a duly executed w1itten instrument approved by Participant and the NISP Enterprise's Board of Directors. 10. Il_is Agreement is subject to approval by the NISP Enterprise's Board of Directors and shc11l become binding on the NISP Enterprise only upon such approval. CENTRAL WELD COUNTY WATER DISTRICT 4 NORTHERN COLORADO WATER CONSERVANCY DISTRICT, ACTING BY AND THROUGH THE NORTHERN INTEGRATED SUPPLY WATER ACTIVITY ENTERPRISE By:~-W~ Name: {igtC W. W,4<::,tt,l.S.w Title: «<>:lfRAt. rnArJA4R Exhibit A Phase II Descriptio11 The Northern Integrated Supply Project (Project) is a new water project coordinated by NCWCD to provide additional water management opportunities to constituents within northern Colorado. A participant group of 12 water.provider entities has formed to cooperatively investigate and implemen: future water supply alternatives to meet part of their anticipated future water demands. These participants have expressed a need for approximately 35,000 acre-ft of new water yield and approximately 60,000 acre-ft ofstorage for existing water rights. Phase I of the Project is considered to be the previous work performed by the District and its consultani:s evaluating the hydrologic attributes of an existing Poudre River water right and an existing South Platte River water right held by the NCWCD. The feasibility of storage at specific locations was also studied. Phase II c.fthe project will commence in January 2003 and is targeted for completion in December 2003. 111is phase will include selection of a proposed project for meeting the NISP participant needs including the development of information and analysis that may be utilized in project permitting. Water rights and components of the District's Poudre Project and South Platte Water Conservation Project are alternatives which may become a part.of this project. Tasks to be performed in this phase include the following: • Analysis of previous ~tudies and identification of pertinent information • Preparation of alternative project configurations • Environmental and permitting analysis • Financial planning and analysis • Detailed evaluation of a proposed project 5 Particbant Erie Evans Greeley Fort Collins Fort Luoton Fort-Morna., Lefthand Little T. Central We!d NCWA Soldier Car.yon Windsor Totals _Notes: Exhibit B Northern Integrated Supply Project Participant Capacity and Cost Allocation 10/31/02 New Yield (AF) Firming Equivalent Storage (AF) Storage (1) 5,000 35,000 1,000 1,000 8,000 -30,000 30,000 -10,000 10,000 2,300 . 16,100 2.800 . 19,600 3,800 . 26,600 L,000 . 2,500 30,500 5,000 2500 37,500 1,000 . 7,000. 6,000 10,000 52,000 2,500 17,500 33,400 56,000 289,800 1) New yield assumed to have a storage/yield ratio of seven. Equivalent storage used for initial cost allocation purposes only and does not reflect the actual final project configuration. 6 Phase II Phase II Cost Percent $ 157,000 12.1% $ 36,000 2.8% $ 135,000 10.4% $ 45,000 3.5% $ 72,000 5.5% $ 88,000 6.8% $ 119,000 9.2% $ 137,000 10.5% $ 168,000 12.9% $ 31,000 2.4% $ 233;000 17.9% $ 79,000 6.1% $1,300.000 100.0% SECOND INTERIM AGREEMENT BETWEEN THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT, NORTHERN INTEGRATED SUPPLY PROJECT WATER ACTIVITY ENTERPRISE, AND CENTRAL WELD COUNTY WATER DISTRICT FOR PARTICIPATION IN THE NORTHERN INTEGRATED SUPPLY PROJECT This Agreement is made artd entered. into as of January I 4, 2004, by and between the Northern Colorado Water ConservancyDistrict ( a quasi-mw,icipal entity and political subdivision of the State of Colorado), acting by and through its Northern Integrated Supply Project Water Activity Enterprise (a government-owned business within the meaning of Article X, Section 20(2)(d), of the Colorado Constitution, organized pursuant to C.R.S." 37-45.1-101 et seq.), whose address is 220 Water Avenue, Berthoud, CO 80513 (the "NISP Enterprise"), and Central Weld County Water District, whose address is 2235 Second Avenue, Greeley, Colorado 80631 (A "Participant"). Recitals I. The NISP Enterprise is developing a water project (the "Project") for the purpose of tleveloping a new reliable water supply for the beneficial use of the Participant and other entities. 2. Overall Project costs will be divided among the entities that participate in the Project. 3. The First Phase of the Project consisted of preliminary studies to evaluate potential Poudre reservoir sites and the South Platte Water Conservation Project. The First Phase has been accomplished and there appear to be potential project configurations that may serve the needs of the Project. 4. The Second Phase of the Project consisted of additional reservoir site evaluations, alternatives analysis, environmental studies, financial analyses, and related work. The Second Phase is nearing completion and the participants have selected alternatives that may serve the needs of the Project. 5. TheNISP Enterprise is now commencing the Third Phase of the Project, which consists of agency consultation, commencement of permitting with the U.S. Bureau ofReclamation and other agencies, commencement of compliance with the National Environmental Policy Act and other requirements for federal permitting, commencement of field. work and analysis for permitting, modeling, and other activities related to designing and permitting the Project. It is necessary that the NISP Enterprise pursue the Third Phase of the Project at this time in order lei be able to complete the Project on the time schedule desired by the participants. 6. Continuation and completion of the Third Phase of the Project on behalf of the participants will require contimi.ed funding from the participants. Page I of6 . H:\MANGMENT\AGREF ... ~ff\'"f"\2003\NJSP 2nd tntcrim Agreement documcnts\12-4-03 NJSP 2nd Interim Agrecineni wilh the Centro! Weld County Wun..-rDistrict.dot Agreement 1. Participant agrees to paiiicipate in completing the Third Phase of the Project to complete agency consultation, commencement of permitting with the U.S. Bureau ofReclamation and other agencies, commencement of compliance with the National Environmental Policy Act and other requirements for federal permitting, commencement of field work and analysis for pennitting, modeling, and other activities related to designing and permitting the Project, under and pursuant to the terms and conditions of this Agreement. A description of the Third Phase is included in Exhibit A. Participation in the Third Phase. of the Project in no way obligates Participant to subsequent phases ofthe Project or to continue involvement in the Project in any manner. 2. Fer the purposes of cost allocation in the Third Phase, an equivalent storage quantity has been calculated for those participants who desire Project water yield. A storage to yield ratio of seven to one was used for this calculation. This equivalent storage is used for initial cost allocation purposes only and does not reflect the actual Project configuration. Participant's initial desired capacity in the Project is 5,000 acre feet of water yield and 2,500 acre feet of additional firming storage. The equivalent storage capacity allocation in the Project shall be 37,500 acre feet of storage space. The Participant may request a reduction, but not an increase, in allocated storage capacity, which ,:viii be implemented by the NISP Enterprise so Jong as any increased costs of design, environmental studies, permitting or other matters are paid by the Participant. If a reduction in Participant's capacity is made, the fonnula for allocation of costs among the participants shall be changed accordingly so that all participants bear a pro rata share of the Third Phase costs of the Project after the change based on their final allocation of storage capacity. 3. Participant agrees to provide to the NISP Enterprise funds for its pro rata share of the costs necessary to complete the Third Phase of the Project. The NISP Enterprise estimates that Participant's pro rata share of the costs of the Third Phase of the Project is $221,500. Participant will pay the NISP Enterprise its pro rata share of the Third Phase costs on or before January 10, 2004. These estimated costs will not be increased or exceeded without the prior written approval of Participant. However, if the Third Phase of the Project cannot be completed within these estimated costs, the NISP Enterprise is not obligated to complete the Third Phase of the Project for the benefit of Participant unless sufficient additional pro rata funds as determined by the NISP.Enterprise are provided by Participant. Attached hereto as Exhibit B is a table sho\ving the pro rata share of the costs of the Project for each participant based upon current allocations of capacity in the Project. Any participant which joins the Project after this Agreement is executed and is not listed in Exhibit B will be charged the same cost per acre foot of Project storage space for the Third Phase as all other participants. Participant funds that are not expended during the Third Phase will be rebated back to each participant pro rata based on each participant's contribution of funds to the Project in the Third Phase. 4. In the event that Participant fails to make the payment set forth above at the specified time, the NISP Enterprise shall have the right to terminate this Agreement and cease all work on Page 2 of6 H:\.\1ANGMENT\AGREEMNn200'.:.\:'JISP 2nd lnieritfi AgrecrriC11t doeumcms\12-4-03 NISP 2nd Interim Agrccri1eni with the C.entni.l WC!d County Water District.doc the Project for the benefit of Participant. The NISP Enterprise shall give Participant thirty (30) days' advance written notice of its intention to terminate this Agreement and cease work on the Project for Participant's benefit under this paragraph. Participant shall have until the end of said 30-day period in which to make all past due payments in full in order to cure its default hereunder. Participant shall in any event be responsible for its pro rata share of costs of the Third Phase of the Project actually incurred by the NISP Enterprise up to the date of termination of this Agreement. 5. The NISP Enterprise agrees to diligently pursue the Third Phase of the Project in good faith to the extent that funds therefore are provided by the Participant under this Agreement and by other participants under similar agreements. By entering into this Agreement and accepting payments from Participant, the NISP Enterprise does not obligate itself to, nor does the NISP Enterprise warrant that it will proceed with the Project beyond the Third Phase or that it will construct or operate the Project. At the end of the Third Phase, the NISP Enterprise will determine after consultation with the participants whether to proceed with the Project. The NISP Enterprise agrees that, if the participants provide all required funding, if the NISP Enterprise has the ability, and if the Project is feasible and practical, it will pursue the construction and operation of the Project if requested to do so by sufficient participants to fully fund the Project. In the event that the NISP Enterprise decides not to proceed with the Project, it will so notify Participant and this Agreement will immediately and automatically terminate upon the giving of such notice. 6. In the .event of termination of this Agreement or of the Project, Participant shall not be entitled to any return of funds paid to the NISP Enterprise for the Project, unless payments by participants exceed the NISP Enterprise's costs, in which case a pro rata refund will be made. In the event of such termination, Participant shall be entitled to receive copies of any work products developed by the NISP Enterprise or its consultants on behalf of Participant, and NISP Enterprise shall convey to Participant, as a tenant in common with all other participants who have not been terminated under paragraph 4 above, a pro rata interest in all real and personal property acquired by theNISP Enterprise for the Project with funds provided under this Agreement or similar agreements with other participants. 7. Participant shall have the right to assign this Agreement and Participant's rights hereunder, with the written consent of the NISP Enterprise, which ,consent shall not be unreasonably withheld, to any person or entity that is eligible to receive water deliverable through the Project and that is financially able to perform this Agreement. 8. In the event that this Agreementis terminated for any reason, Participant shall not be entitled to any return of any funds paid to the NISP Enterprise for the Project, and the NISP Enterprise shall have no further obligations to Participant, except as provided in paragraph 6 above for those participants who have not been terminated under paragraph 4 above. 9. This Agreement is the entire agreement between the NISP Enterprise and Participant regarding participation in the Third Phase of the Project and shall be modified by the parties only by a duly executed written instrument approved by Participant and the NISP Enterprise's Board of Directors. . Page3 of6 H:\MANGMENliAGREEl\fNT\2003\NISP 2nd Interim Agrcci111Jntdocuments\l2-\-0J NISP 2ud Interim A&re:cmc:nt with the Central Weld ColUlty Watt:r District.doc 10. Th.is Agreement is subject to approval by the NISP Enterprise's Board ofDirectors and shall · become binding on the NISP Enterprise only upon such approval. CENTRAL WELD COUNTY WATER DISTRICT :~~,~~ Title: President Page 4 of6 NORTHERN COLORADO WATER CONSERVANCY DISTRICT, ACTING BY AND THROUGH THE NORTHERN INTEGRATED SUPPLY PROJECT WATER ACTNITY ENTERPRISE By: ~.t ),/;iQQ. '., Name: fB IC W, l.,J I w., r,J.-J Title: GS,}tg/!t. (?'JAtJk-M? H:\MANGMENT\AGREEMNT\2003\NISP 2nd Interim Agn..-en1ent doc.uments\12-4-0l NlSP 2nd Interim Agreement with the Central Weld County Water Dis:tric:Ldoc Exhibit A Phase IIIDescriptio11 The No1thern Integrated Supply Project (Project) is a new water project coordinated by NCWCD to provide additional water management oppmtunities to constituents within northern Colorado. A participant group of 13 water provider entities has formed to cooperatively investigate and implement future water supply alternatives to meet part of their anticipated future water demands. These participants have expressed a need for approximately 30,400 acre-ft of new water yield and approximately 12,000 acre-ft of storage for existing water rights. Phase I of the Project is considered to be the previous work performed by the District and its consultants evaluating the hydrologic attributes of an existing Poudre River water right and an existing South Platte River water right held by the NCWCD. The feasibility of storage at specific locations was also studied. Phase II of the project was an alternative evaluation performed during 2003 from which the Participants selected a.preferred alternative of Glade Reservoir combined with the South Platte Water Conservation Project. The permitting phase of the Project will commence in January 2004 and is targeted for completion in December 2006. Phase ill is the work covered by this Contract which will commence in January 2004 and will end in January 2005. Phase ill will primarily relate to the first year of preparation of an Environmental Impact Statement (EIS). Activities will include will include agency consultation, permitting with the U.S. Buteau of Reclamation, U.S. Army Corps of Engineers, and other agencies, compliance with the National Environmental Policy Act and other requirements for federal permitting, commencement of field work and analysis for permitting, modeling, and other activities related to permitting the Project. The primary tasks to be performed this year are as follows: • Commence consultation with the U.S. Bureau of Reclamation, U.S. Army Corps of Engineers, and other agencies. • Select of a third party contractor to prepare the EIS. • f\.'EPA scoping. • Environmental field investigations. • Hydrologic modeling. • Continued administration and oversight of the Project. Northern Colorado Water Conservancy District Northern lnte-arated Supply Project PHASE III EIS Budget -Year 1 of 3 New Firming Participant Yield (AF) Storage (AF) Berthoud 1,000 Central Weld Co. W.D. 5,000 2,500 East Larimer Co. W .D. 2,000 Erie 51000 Evans 1,000 1,000 Fort Collins-Loveland. W .D. 2,000 2,000 Fort Lupton 2,300 - Fort Morgan 2,800 Lefthand W .D. 3,800 Little Thomps)n W.D. 4,000 2,500 North Weld. Go. W.D. 1,000 1,000 Northern Colcrado. W .A. 1,000 Windsor · 2,500 30,400 12,000 2/11/2004 Equivalent Year2004 Storal,le(1) Budl,let 7,000 $ 41,300 37,500 $ 221,300 2,000 $ 11,800 35,000 $ 206,500 8,000 $ 47,200 16,000 $ 94,400 16,100 $ 95,000 19,600 $ 115,600 26,600 $ 156,900 30,500 $ 180,000 8,000 $ 47,200 1,000 $ 5,900 17,500 $ 103,300 224,800 $ 1,326,400 1) Equivalent Storage only used for cost allocation purposes and is not reflective of actual project size or configuration. THJRD IN1ER1M AGREEMENT WITH THE NORTHERN COLORADO WA 1ER CONSERVANCY DISTRICT, NORTHERN INTEGRA1ED SUPPLY PROJECT WATER ACTIVITYEN1ERPRISE, FOR PARTICIPATION IN 'IBE NORTHERN INTEGRA1ED SUPPLY PROJECT This Agreement is made and entered into as of 4e4 / 7 , 2004, by and between the Northern Colorado Water Conservancy District (a quasi-municipal entity and political subdivision of the State of Colorado), acting by and through its Northern Integrated Supply Project Water Activity Enterprise (a government-owned business within the meaning of Article X, Section 20(2)(d), of the Colorado Constitution, organized pursuant to C.R.S. § 37- 45.1-101 et seq.), whose address is 220 Water Avenue, Berthoud, Colorado 80513 (the "NISP Enterprise"), and Central Weld County Water District, whose address is 2235 Second Avenue, Greeley, Colorado 80631 ("Participant"). Recitals A. The NISP Enterprise is developing a water project (the "Project") for the purpose of developing a new reliable water supply for the beneficial use of the Participant and other entities. B. Overall Project costs will be divided among the entities that participate in the Project. C. The First Phase of the Project consisted of preliminary studies to evaluate potential Poudre reservoir sites and the South Platte Water Conservation Project. The First Phase has been completed and there appears to be potential project configurations that may serve the needs of the Project. D. The Second .Phase of the Project consisted of additional reservoir site evaluations, alternatives analysis, environmental studies, financial analyses, and related work. The Second Phase has been completed and the participants have selected alternatives that may serve the needs of the Project. E. The NISP Enterprise has commenced the Third Phase of the Project. The Third Phase, Year I, consisted of agency consultation, commencement of permitting with the U.S. Bureau of Reclamation and other agencies, commencement of compliance with the National Environmental Policy Act and other requirements for federal permitting, commencement of field work and analysis for permitting, modeling, and other activities related to designing and permitting the Project. F. Th.e Third Phase, Year 2, will consist of the continuation of agency consultation, permitting with the U.S. Bureau of Reclamation and other agencies, compliance with the National Environmental Policy Act and other requirements for federal permitting, field work and analysis for permitting, modeling, and other activities related to designing and permitting the Project. H:\MANGMENT\AGREEMNT\2004.\NJSP 3rd Interim Agreement\] l.~23-04 Central Weld-NISP lltird lnlerim Agreement.doc Page I of6 G. It is necessary that the NISP Enterprise pursue the Third Phase, Year 2, of the Project at this time in order to be able to complete the Project on the time schedule desired by the participants. H. Continuation and completion of the Third Phase of the Project on behalf of the participants will require continued funding from the participants. Agreement I. Participant agrees to pa11icipate in the Third Phase, Year 2, of the Project to continue agency consultation, permitting with the U.S. Bureau of Reclamation and other agencies, compliance with the National Environmental ·Policy Act and other requirements for federal permitting, field work and analysis for permitting, modeling, and other activities related to designing and permitting the Project, under and pursuant to the terms and conditions of this Agreement. A description of the Third Phase, Year 2, is included in Exhibit A Participation in the Third Phase, Year 2, of the Project in no way obligates Participant to subsequent phases of the Project or to continue involvement in the Project in any manner. 2. For the purposes of cost allocation in the Third Phase, Year 2, an equivalent storage quantity has been calculated for those participants who desire Project water yield. A storage-to-yield ratio of seven to one was nsed for this calculation. This equivalent storage is used for initial. cost allocation purposes only artd does not reflect the actual Project configuration. Participant's initial desired capacity in the Ptoject is 5,000 acre feet of water yield and 2,500 acre feet of additional firming storage. The equivalent storage capacity allocation in the Project shall be 37,500 acre feet of storage space. The Participant may request a reduction, .but not an increase, in allocated storage capacity, which will be implemented by the NISP Enterprise so long as any increased costs of design, environmental studies, permitting or other matters are paid by the Participant. If a reduction in Participant's capacity is made, the formula for allocation of costs among the participants shall be changed accordingly so that all participants bear a pro rata share of the Third Phase costs of the Project after the change based on their final allocation of storage capacity. 3. Participant agrees to provide to the NISP Enterprise funds for its pro rata share of the costs necessary to complete the Third Phase, Year2, of the Ptoject. The NISP Enterprise estimates that Participant's pro rata share of the costs of the Third Phase, Year 2, of the Project is $221,300. Participant will pay the NISP Enterprise its pro rata share of the Third Phase, Year 2, costs on or before January 7, 2005. 1bese estimated costs will not be increased or exceeded without the prior written approval of Participant. However, if the Third Phase, Year 2, ofthe Project cannot be completed within these estimated costs, the NISP Enterprise is not obligated to complete the Third Phase, Year 2, of the Project for the benefit of Participant unless sufficient additional pro rata funds,• as determined by the NISP Enterprise, are provided by Participant. Attached hereto as Exhibit B is a table showing the pro rata share of the costs oflhe Ptoject for each partieipant based upon H:\MANGMENT\AGREEMNf\2004\NJSP 3rd Interim Agreemenr\1 J-23-04 Central WeJd-NISP Third lmerim Agreement.doc Page 2of 6 current allocations of capacity in the Project. Any participant that joins the Project after this Agreement is executed and is not listed in Exhibit B will be charged the same cost per acre-foot of Project storage space for the Third Phase as all other participants. Participant funds that are not expended during the Third Phase, Year 2, will be rebated to each participant pro rata based on each participant's contribution of funds to the Project in the Third Phase. Year 2. 4. In the event that Participant fails to make the payment set forth above at the specified time, the NISP Enterprise shall have the right to terminate this Agreement and cease all work on the Project for the benefit of Participant. The NISP Enterprise shall give Participant thirty (30) days' advance written notice of its intention to terminate this Agreement and cease work on the Project for Participant's benefit under this paragraph. Participant shall have until the end of said 30-day period in which to make all past due payments in full in order to cure its default hereunder. Participant shall in any event be responsible for its pro rata share of costs of the Third Phase, Year 2, of the Project actually incurred by the NISP Enterprise up to the date of termination of this Agreement. 5. The NISP Enterprise agrees to diligently pursue the Third Phase, Year 2, of the Project in good faith to the extent that funds therefore are provided by the Participant under this Agreement and by other participants under similar agreements. By entering into this Agreement and accepting payments from Participant, the NISP Enterprise does not obligate itself to, nor does the NISP Enterprise warrant, that it will proceed with the Project beyond the Third Phase, Year 2, or that it will construct or operate the Project. At the end of the Third Phase, the NISP Enterprise will determine after consultation with the participants whether to proceed with the Project. The NISP Enterprise agrees that, if the participants provide all required funding, if the NISP Enterprise has the ability, and if the Project is feasible and practical, it will pursue the construction and operation of the Project if requested to do so by sufficient participants to fully fund the Project. In the event that the NISP Enterprise decides not to proceed with the Project, it will so notify Participant and this Agreement will immediately and automatically terminate upon the giving of such notice. 6. In the event of termination of this Agreement or of the Project, Participant shall nof be entitled to any return of funds paid to the NISP Enterprise for .the Project, unless payments by participants exceed the NISP Enterprise's costs, in which case a pro rata refund will be made. In the event of such termination, Participant shall be entitled to receive copies of any work products developed by the NISP Enterprise or its consultants on behalf of Participant, and NISP Enterprise shall convey to Participant, as a tenant in common with all other participants that have not been terminated under paragraph 4 above, a pro rata interest in all real and personal property acquired by the NISP Enterprise for the Project with funds provided under this Agreement or similar agreements with other participants. 7. Participant shall have the .right to assign this Agreement and Participant's rights hereunder, with the written consent of the NISP Enterprise, which consent shall not be H;\MANGMENl\AGREEMNT\2004\NJSP 3rd Interim Agreemen1\J 1-23-04 Central Weld-NISP Third Interim Agrecmenr.doc Page 3 of6 unreasonably withheld, to any person or entity thatis eligible to receive water deliverable throngh the Project and that is financially able to perform this Agreement. 8. · In the event that this Agreement is terminated for any reason, Participant shall not be entitled to any return of any funds paid to the NISP Enterprise for the Project, and the NISP Enterprise shall have no further obligations to Participant, except as provided in paragraph 6 above for those participants who have not been terminated under paragraph 4 above. 9. Notwithstanding any other provision of this Agreement to the contrary, the Participant's maximum financial obligation urt~et this Agreement shall be the payment of $221,300 set forth in paragraph 3 above. The Participant shall have the right to terminate this Agreement at any time. In the event of suchtermination, each of the parties hereto shall be immediately released from all obligations recited herein as if this Agreement had not been entered into, except that Participant shall be entitled to a return of funds paid to the NISP Enterprise as proVided in paragraph 8 above. 10. This Agreement is the entire agreement between the NISP Enterprise and Participant regarding participation in the Third Phase, Year 2, of the Project and shall be modified by the parties only by a duly executed written instrument approved by Participant and the NISP Enterprise's Board of Directors. 11. This Agreement is subject to approval by the NISP Enterprise's Board of Directors and shall become binding on the NISP Enterprise only upon such approval. CENTRAL.WELD COUNTY WATER DISTRICT NORTHERN COLORADO WATER CONSERVANCY DISTRICT, ACTING BY AND THROUGH THE NORTHERN INTEGRATED SUPPLY PROJECT WATER ACTNITY ENTERPRISE By: ~ . Wsi4, e ; , Name: Erle. w. l-£J,·.1klnson Title: Ge)'!ero.t HCU!Cltf~r H:\MANGMENl\AGREEMNl\2004\NISP 3fd Interim Agreement\l l-23--04 Central Weld-NISP .Third Jn1erim Agreement.doc Page 4 of 6 EXHIBIT A Phase III Description The Northern Integrated Supply Project (Project) is a new water project coordinated by NCWCD to provide additional water management opportunities to constituents within nmthem Colorado. A participant group of 17 water provider entities has fonned to cooperatively investigate and implement future water supply alternatives to meet part of their anticipated future water demands. These participants have expressed a need for approximately 34,400 acre feet of new water yield and approximately 12,000 acre feet of storage for existing water rights. Phase I of the Project is considered to be the previous work performed by the NCWCD and its consultants evaluating the hydrologic attributes of an existing Poudre River water right and an existing South Platte River water right held by the NCWCD. The feasibility of storage at specific locations was also studied; Phase Il of the project was an alternative evaluation performed during 2003 from which the participants selected a preferred alternative of Glade Reservoir combined with the South Platte Water Conservation Project. The permitting phase of the Project commenced in January 2004 and is targeted for completion in December 2006. Phase Ill,. Year 2, is the work covered by this Agreement, which will commence in January 2005 and will end in January 2006. Phase Ill, Year 2, will primarily relate to the preparation of an Environmental Impact Statement (EIS). Activities will include agency consultation, permitting with the U.S. Bureau of Reclamation, U.S .. Army Corps of Engineers, and other agencies, compliance with the National Environmental Policy Act and other requirements for federal permitting, field work and analysis for permitting, modeling, and other activities related to permitting the Project. The primary tasks to be performed this year are as follows: Evaluation of project alternatives. Additional field work where necessary. Preparation of Draft EIS. Consultation with State and Federal agencies. Determination of carriage issues of NISP water within C-BT facilities. H:\MANGMENnAGREEMN~004\NISP 3rd Interim Agreement\11-23-04 Cen1rdl Weld-NlSP Third lnterim Agreement.doc Page 5 of6 EXHIBITB Northern Colorado Water Conservancy District Northern Integrated Supply Project PHASE Ill EIS Budget· Year 2 of 3 New Firming Particieant Yield (AF) Storage (AF) Berthoud 1,000 C3ntral Weld County Water District 5,000 2,500 East Larimer County Water District 2,000 Eaton 1,000 Erie 5,000 E·Jans 1,000 1,000 Fort Collins-Loveland Water District 2,000 2,000 Fort Lupton 2,300 F,rt. Morgan 2,800 Lafayette 1,000 Lefthand Water District 3,800 Little Thompson Water District 4,000 2,500 Morgan County Quality Water District 1,000 North Weld County Water District 1,000 1,000 Northern Colorado Water Association 1,000 Severance 1,000 Windsor 2,500 34,400 12,000 11/23/2004 Equivalent Year2005 Storage(1) Budget 7,000 $ 41,300 37,500 221,300 2,000 11,800 7,000 41,300 35,000 206,500 8,000 47,200 16,000 94,400 16; 100 95,000 19,600 115,600 . 7,000 41,300 26,600 156,900 30,500 180,000 7,000 41,300 8,000 47,200 1,000 5,900 7,000 41,300 17,500 103,300 252,800 $1,491,600 1) Equivalent Storage only used for cost allocation purposes and is not reflective of actual project size or configuration. H:\MANGMEN'I\AGREEMNT\2004\NISP 3rd lriterim Agretment\11-23--04.Central Weld-NJSP l11ird Interim Agreement.doc Page6 of 6 FOURTH INTERIM AGREEMENT WITH THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT, NORTHERN INTEGRATED SUPPLY PROJECT WATER ACTIVITY ENTERPRISE, FOR PARTICIPATION IN THE NORTHERN INTEGRATED SUPPLY PROJECT This Agreement is made and entered into as ~/ /~ rfl'/ , 200£, by and between the Northern Colorado Water Conservancy trict(aqui-municipal entity and political subdivision of the State of Colorado), acting by and through its Northern Integrated Supply Project Water Activity Enterprise (a government-owned business within the meaning of Article X, Section 20(2)(d), of the Colorado Constitution, organized pursuant to C.R.S. §§ 37- 45.1-101 et seq.), whose address is 220 Water Avenue, Be1thoud, Colorado 80513 (the "NISP Enterpris="), and Central Weld County Water District, whose address is 2235 Second Avenue, Greeley, Colorado 80631 ("Participant"). Recitals A. The NISP Enterprise is developing a water project (the "Project") for the purpose of developing a new reliable water supply for the beneficial use of the Participant and other entities. B. Overall Project costs will be divided among the entities that participate in the Project. C. The First Phase of the Project consisted of preliminary studies to evaluate potential Poudre reservoir sites and the South Platte Water Conservation Project. The First Phase has been accomplished and there appear to be potential project configurations that may serve the needs of the Project. D. The Second Phase of the Project consisted of additional reservoir site evaluations, alternatives analysis, environmental studies, financial analyses, and related work. The Second Phase has been completed and the participants have selected alternatives that may serve the needs of the Project. E. The NISP Enterprise has commenced the Third Phase of the Project. The Third Phase, Years l and 2, consisted of agency consultation, commencement of permitting with the U.S. Army Corps of Engineers and other agencies, commencement of compliance with the National Environmental Policy Act and other requirements for federal permitting, commencement of field work and analysis for permitting, modeling, and other activities related to designing and permitting the Project. F. The Third Phase, Year 3, will consist of continuation of agency consultation, permitting with the U.S. Army Corps of Engineers and other agencies, compliance with the National Environmental Policy Act and other requirements for federal permitting, field work and H:\/vlANAGMNTIAGREEMNl\2005\NISP 4th Interim Agreement\12-02-05 Central Weld Co Water Dist-NISP-Fourth Interim Agreement.doc Page 1 of 6 analysis for permitting, modeling, and other activities related to designing and permitting th~ Project. - G. It is necessary that the NISP Enterprise pursue the Third Phase, Year 3, of the Project at this time in order to be able to complete the Project on the time schedule desired by the participants. F. Continuation and completion of the Third Phase of the Project on behalf of the participants will require continued fonding from the participants. Agreement 1. Participant agrees to participate in the lbird Phase, Year 3, of the Project to continue agency consultation, permitting with the U.S. Army Corps of Engineers and other agencies, compliance with the National Environmental Policy Act and other requirements for federal permitting, field work and analysis for permitting, modeling, and other activities related to designing and permitting the Project, under and pursuant to the terms and conditions of this Agreement. A description of the Third Phase, Year 3, is included ir', Exhibit A. Participation in the Third Phase, Year 3, of the Project in no way obligates Participant to subsequent phases of the Project or to continue involvement in the Project in any manner. 2. For the purposes of cost allocation in the Third Phase, Year 3, the cost is based upon the Participant's base requested capacity divided by the total requested base Project yield. The Participant's initial base requested capacity in the Project is 5,400 acre feet of water yield. Attached hereto as Exhibit Bis a table showing the pro rata share of the costs of the Project for each participant based upon current base requested capacity in the Project. The Participant may request a reduction, but not an increase, in base requested capacity, which will be implemented by the N!SP Enterprise so long as any increased costs of design, environrtiental studies, permitting or other matters are paid by the Participant. If a r~uction in Participant's base requested capacity is made, the formula for allocation of costs among the participants shall be changed accordingly so that all participants bear a pro rata share of the Fourth Phase costs of the Project after the change based on their final base requested capacity. For purposes of the environmental analysis for the Project, the Participant's permitted capacity in the Project is 7,100 acre feet of water yield. Attached hereto as Exhibit B is a table showing the current permitted capacity for each participant in the Project. In the event that Participant's base requested capacity is increased or decreased, Participant's permitted capacity shall be increased or decreased in tbe same percentage as the percentage increase or decrease of the base requested capacity. 3. Participant agrees to provide to the NISP Enterprise funds for its pro rata share of the costs necessary to complete the Third Phase, Year 3, of the Project. The NISP Enterprise estimates that Participant's pro rata share of the costs of the Third Phase, Year 3, of the Project is $223,000. Participant will pay the NISP Enterprise its pro rata share of the _ Third Phase, Year 3, costs on or before January 18, .2006. These estimated costs will not H:IMANAGMNT\AGREEMNT'.2005\NISP 4th Interim Agreement\12-02-05 Central Weld Co Water Dist-NISP-Fomth Interim Agreemem.doc Page 2 of 6 be increased or exceeded without the prior written approval of Participant. However, if the Third Phase, Year 3, of the Project cannot be completed within these estimated costs, the NISP Enterprise is not obligated to complete the Third Phase, Year 3. of the Project for the benefit of Participant unless sufficient additional pro rata funds as determined by the NISP Enterprise are provided by Partic.ipant. Any participant which joins the Project after this Agreement is executed and is not listed in Exhibit B will be charged the same cost per acre foot of Project yield for the Third Phase as all other participants. Participant funds that are not expended during the Third Phase, Year 3, will be rebated back to each participant pro rata based on each participant's contribution of funds to the Project in the Third Phase, Year 3. 4. In the event that Participant fails to make the payment set forth above at the specified time, the NISP Enterprise shall have the right to terminate this Agreement and cease all work on the Project for the benefit of Participant. The NISP Enterprise shall give Participant thirty (30) days' advance written notice of its intention to terminate this Agreement and cease work on the Project for Participant's benefit under this paragraph. Participant shall have until the end of said 30-day period in which to make all past due payments in full in order to cure its default hereunder. Participant shall in any event be responsible for its pro rata share of costs of the Third Phase, Year 3, of the Project actually incurred by the NISP Enterprise up to the date of termination of this Agreement. 5. The NISP Enterprise agrees to diligently pursue the Third Phase, Year 3, of the Project in good faith to the extent that funds therefore are provided by the Participant under this Agreement and by other participants under similar agreements. By entering into this Agreement and accepting payments from Participant, the NISP Enterprise.does not obligate itself to, nor does the NISP Enterprise warrant, that it will proceed with the Project beyond the Third Phase, Year 3, or that it will construct or operate the Project. At the end of the Third Phase, the NISP Enterprise will determine after consultation with the participants whether to proceed with the Project The NJSP Enterprise agrees that, if the participants provide all required funding, if the NISPEnterprise has the.ability, and if the Project is feasible and practical, it will pursue the construction· and operation of the . Project if requested to do so by sufficient participants to fully fund the Project. In the event that the NISP Enterprise decides notto proceed with the Project, it will so notify Participant and this Agreement will immediately and automatically terminate upon the giving of such notice. 6. In the event of termination of the Project, Participant shall not be entitled to any return of funds paid to the NISP Enterprise for the Project, unless payments by participants exceed the NISP Enterprise's costs, in which case a pro rata refund will be made. 1h the event of such termination, Participant shall be entitled to receive copies of any work products developed by the NISP Enterprise or its consultants on behalf of Participant, and NISP Enterprise shall convey to Participant, as a tenant in common with all other participants who have not been terminated under paragraph 4 above, a pro rata interest in all real and personal property acquired by the NISP Enterprise for the Project with funds provided under this Agreement or similar agreements with other participants. H:IMANAGMNl\AGREEM!Sl\2005\NISP 4th.Interim Agreement\12-02-05 Central Weld Co Water Dist-NISP-Fourth Interim Agreement.doc Page 3 of 6 7. Partidpant shall have the right to assign this Agreement and Participant's rights hereunder, with the written consent of the NISP Enterprise, which consent shall not be unreasonably withheld, to any person or entity that is eligible to receive water deliverable through the Project and that is financially able to perform this Agreement. 8. In the event that this Agreement is terminated for any reason, Participant shall not be entitled to any return of any funds paid to the NISP Enterprise for the Project, and the NISP Enterprise shall have no further obligations to Participant, except as provided in Paragraphs 3 and 6 above for those participants who have not been terminated under paragraph 4 above. 9. Notwithstanding any other provision of this Agreement to the contrary, the Participant's maximum financial obligation under this Agreement shall be the payment of $223,000 set fo1th in paragraph 3 above. The Participant shall have the right to terminate this Agreement at any time. In the event of such termination, each of the parties hereto shall be immediately released from all obligations rec.ited herein as if this Agreement had not been entered into, except that Participant shall be entitled to a return of funds paid to the NISP Enterprise as provided in paragraph 8 above. 10. This Agreement is the entire agreement between the NISP Enterprise and Participant regarding participation in the Third Phase, Year 3, of the Project and shall be modified by the parties only by a duly executed written instrument approved by Participant and the NISP Enterprise's Board of Directors. 11. This Agreement is subject to approval by the NISP Enterprise's Board of Directors and shall become binding on the NISP Enterprise only upon such approval. CENTRAL WELD COUNTY WATER DISTRICT NORTHERN COLORADO WATER CONSERVANCY DISTRICT, ACTING BY AND THROUGH THE NORTHERN INTEGRATED SUPPLY PROJECT WATER ACTIVITY ENfERPRISE DN~a£:.:::'....e.,L .. LL._...,L.~4.:;:., :~Ai!!f:- /09..S./,k,,; Title: ljssoaiate. 6enera1. ~fl/ . H:IMANAGMNl\AGREEMNl\2005\NISP 4th Interim Agreement\12-02-05 Central Weld Co Water Dist-N!SP-Fourth Interim Agreemenuloc Page 4 of 6 ExltibitA Pltase III Description The Northern Integrated Supply Project (Project) is a new water project being developed by Northern Colorado Water Conservancy District (NCWCD) to provide additional water management opportunities to constituents within northern Colorado. A participant group of 13 water provider entities has formed to cooperatively investigate and implemert future water supply alternatives to meet part of their anticipated future water demands. These participants have expressed a need for approximately 30,500 acre feet of new water yield. For pern1itting purposes and for future expandability this amount is being reported in the purpose and need as 40,000 acre feet. Phase Io: the Project is considered to be the previous work performed by the District and its consuitants evaluating the hydrologic attributes of an existing Poudre River water right and an· existing South Platte River water right held by the NCWCD. The feasibility of storage at specific bcations was also studied. Phase II of the project was an alternative evaluation performed during 2003 from which the Participants selected a preferred alternative of Glade Reservoir combined with the South Platte Water Conservation Project. The permitting phase of the Project commenced in January 2004 and is targeted for completion in December 2006. Phase III, Year 3, is the work covered by this Agreement which will commen·:e in January 2006 and will end in January 2007. Phase III, Year 3, will primarily relate to the preparatio11 ofan Environmental Impact Statement (EIS). Activities will include will include agency consultation, permitting with the U.S. Bureau of Reclamation, U.S. Army Corps of Engineers, and other agencies, compliance with the National Environmental Policy Act and other rec_uirements for federal permitting, field work and analysis for permitting, modeling, and other activities related to permitting the Project. The primary tasks to be performed in Year 3 are as follows: Evaluation of project alternatives. Additional field work where necessary. Preparation of Draft and Final EIS. Consultation with State and Federal Agencies. Determination of carriage issues ofNISP water within C-BT facilities. H:\MAN!,GMNTIAGREEMN'l\2005\NISP 4th Interim Agreement\12-02-05 C\,ntral Weld Co Water Dist-NISP-Fouith Interim Agrcemcrt.doc Page 5 of 6 I Exhibit B Northern Integrated Supply Project Phase III, Year 3 Northern Colorado Water Conservancy District Northern Integrated Supply Project 2006 Phase Ill Participation and Budget Base Yield Request Percent of Particieant (AF) Proiect Berthoud 1,000 3.26% $ Central Weld Co. W.D. 5,400 17.59% $ Eaton 1,000 3.26% $ Erie 5,000 16.29% $ Evans 1,200 3.91% $ Fort Collins-Loveland. W.D. 2,300 7.49% $ Fort Lupton 2,300 7.49% $ Fort Morgan 2,800 9.12% $ Lafayette 1,400 4.56% $ Lefthand W. D, 3,800 12.38% $ Morgan County Q.W.D. 1,000 3.26% $ Severance 1,000 3.26% $ Windsor 2,500 8.14% $ 2006 Cost 41,300 ·sr~"ii!!,' ~UOOO,> 41,300 206,500 49,600 95,000 95,000 115,600 57,800 156,900 41,300 41,300 103,300 30,700 100.00% $ 1,267,900 Permitted Yield (AF) 1,300 7,100 1,300 6,500 1,600 3,000 3,000 3,600 1,800 4,900 1,300 1,300 3,300 40,000 H:\MANAGMN1\AGREEMNT12005\NJSP 4th ln1erim Agreement\12-02-05 Central Weld Co Water Dist-NISP-Fourth Interim Agreement.doc Page 6 of 6 RESOLUTION NO. 09-_,3J A RESOLUTION PRESCRIBING WATER RATES, FEES, TOLLS AND CHARGES FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town of Firestone (the "Town") operates a municipal water system; and WHEREAS, the Town and Central Weld County Water District ("CWCWD") are parties to various intergovernmental agreements concerning the provision of water service and facilities to the Town; and WHEREAS, pursuant to such intergovernmental agreements, CWCWD from time to time imposes increased charges pertaining to the provision of water service to the Town; and WHEREAS, after review and analysis of the costs of operating and maintaining the Town's water system, including completion of a water rate study and an analysis of capital needs, and in consideration of applicable CWCWD increases and increases in the costs of operating, maintaining and improving the Town's water system, the Board of Trustees has determined that increases in the water system rates, fees, tolls and charges are necessary; and WHEREAS, the current water taps fees and monthly water rates do not adequately provide for the capital needs and operations of the Town's water system; and WHEREAS, the Board of Trustees by this resolution desires to establish various rates, fees, tolls and charges for Town water service and water usage, effective January 1, 201 O; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Water rates and charges. The following monthly rates and charges shall be imposed for water service received through the Town of Firestone water system: 1 Meter Size Residential 5/8" 3/4" I" 1-1/2" 2" Residential Commercial, Industrial, Irrigation, Mobile Home Parks 5/8" 3/4" I" 1-1/2'' 2" 3" 6" Commercial & Induslrial Irrigation Only Mobile Home Parks Out--<:f- Town Rates Base Rate Water Included in Base Water Charge Per 1,000 Gallons Charge Rate (Gallons) Gallons Rate $ 16.88 -0- $ 25.88 -0- $ 42.75 -0- $ 84.38 -0- $136.13 -0- 0-5,000 $1.58 5,001:?0,000 $2.81 Above 20,000 $4.50 $ 16.88 -0- $ 25.88 -0- $ 42.75 -0- $ 84.38 -0- $136.13 -0- $254.25 -0- $848.25 -0- All usage $ 2.48 All usage $ 3.77 All usage $ 2.81 Base rates and gallon charges for any out-of-town service shall be two times the in-Town rates and charges. Section 2. Connection fees, capital investment and repair charges. The following connection fees and capital investment and repair charges shall be imposed, except that the Town of Firestone shall not be required to pay such connection fees for irrigation sprinkler systems for any public parks, rights-of-way, open space, or medians, or any facility developed, owned or paid for by the Town. 2 Capital Connection Investment Capital Meter Charge and Repair Investment Size CWCWD Town CWCWD Total 5/8" $ 5,800 $ 1,000 $ 4,000 $10,800 3/4" $ 7,700 $ 1,500 $ 6,000 $15,200 1" $12,500 $ 2,500 $10,000 $25,000 1-1/2" $23,000 $ 5,000 $20,000 $48,000 2" $36,400 $ 8,000 $32,000 $76,400 Connection fees, capital investment and repair charges for taps requiring a meter larger than 2" shall be determined by the Board of Trustees on an individual basis considering such factors as type of use, contemplated volume demand for water, effect on the entire water system in the Town, connection charge and capital investment fees imposed by CWCWD, and all other factors relevant to the application. All taps requiring a meter larger than 2" and all taps applied for where the service requested is outside of the Town limits shall be by contract with the Board of Trustees. Out-of-town taps of 2" or less shall be charged fees at two times the amount of in-Town fees. Pursuant to the terms of an Intergovernmental Agreement for Water Main Extension ("Agreement") by and between the Town, the CWCWD, the Town of Frederick, and the City of Dacono dated February 16, 1994, the foregoing connection fees may be reduced by.the amount set forth below for new water taps purchased to provide water service to any lot platted prior to January 1, 1994, which lot is located within the then-existing boundaries of the Town. Such reduction shall only apply to the first twenty five (25) water taps purchased for such platted lots after CWCWD has completed the water line and increased its fees in accordance with the Agreement. Meter Tap Size 5/8" 3/4" I" 1-1/2" 2" Reduction Amount $ 2,000 $ 3,000 $ 5,000 $10,000 $16,000 Section 3. Construction Hydrant Meter Rental Terms. The following fees shall be imposed for hydrant meters supplied by the Town for construction water use. A Hydrant Connection Permit must be obtained from the Town Clerk prior to any water being used from any fire hydrant. Such permit shall be valid for a period not to exceed 6 months. Deposit Administration Fee Meter Rental Late Charge Water Usage Rate 3 $ 1,500.00 per meter $ 25.00 per permit $ 2.00 per day $ 5.00 per day $ 2.50 per 1,000 gallons Section 4. Meter & Yoke Fees. The following fees shall be imposed for Meter and Yoke assemblies installed by the Town for new service connections; such fees for taps requiring a meter larger than 2" shall be as set by contract with the Board of Trustees: Meter Tap Size 5/8" 3/4" l" 1-1/2" Commercial 1-1/2" Irrigation 2" Commercial 2" Irrigation Meter & Yoke Fee $ 795 $ 860 $ 1,060 $ 3,170 $ 2,460 $ 4,100 $ 3,045 Section 5. This Resolution shall become effective on January 1, 2010. Section 6. All other resolutions or portions thereof inconsistent or conflicting with this resolution or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. PASSED AND ADOPTED THIS / ;J.,'f/1 DAY OF (louem htr , 2009. l. ··. S.t L; !i "-:ai ... 1 \ .. . TOWN OF FIRESTONE, COLORADO c1J): Chad Auer, Mayor 4 RESOLUTION NO. 09-39 A RESOLUTION SUPPORTING A GRANT APPLICATION FROM THE TOWN FOR A LOCAL PARKS AND OUTDOOR RECREATION SPECIAL OPPORTUNITY GRANT FROM GREAT OUTDOORS COLORADO TO CONSTRUCT THE FIRESTONE SPORTS COMPLEX PHASE Ill WHEREAS, the Firestone Parks and Trails Advisory Board supports the Firestone Sports Complex Phase Ill to install lighting on Fields 2 and 3, and install a ten foot wide sidewalk to a six cage batting facility, and has forwarded to the Board of Trustees a recommendation of support; and WHEREAS, the Town of Firestone has requested up to five hundred thousand dollars ($500,000) from Great Outdoors Colorado to install lighting on Fields 2 and 3, and install a ten foot wide sidewalk to a six cage batting facility; and WHEREAS, the Board of Trustees by this Resolution desires to confirm its support for the Firestone Sports Complex Phase Ill and authorize the expenditure of matching and other funds for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby supports a grant application to the State Board of Great Outdoors Colorado for a Local Parks and Outdoor Recreation Special Opportunity Grant to install lighting on Fields 2 and 3, and install a ten foot wide sidewalk to a six cage batting facility and has appropriated matching funds for a grant with Great Outdoors Colorado. Section 2. The Board of Trustees authorizes the expenditure of funds necessary to meet the matching funds requirement of any Grant awarded on the application and to meet the terms and obligations of any Grant awarded. Section 3. The project site is owned by the Town of Firestone and will be owned by the Town of Firestone for at least the next 25 years. Section 4. The Board of Trustees of the Town of Firestone will continue to maintain Firestone Regional Sports Complex in a high quality condition and will appropriate funds for maintenance in its annual budget. Section 5. The Town of Firestone has the ability to complete this project and has demonstrated this ability in the Sports Complex Phase I project completed in 2008 .and Harney Park project completed in 2007. Section 6. This Resolution is to be in full force and effect from and after its passage and approval. 1 INTl~ODUCED, READ, AND ADOPTED this 11 th day of November, 2009. ......... -o:a '" es To ~, ............ "'~ .. .. .. .. / TOWN '\ =-= ~\. SEAL /8 ATTEST . t<o ·•.. ,... ,,__"f' · "01/,i"itco"0"'" ~T~ Rebecca Toberman Secretary 2 TOWN OF FIRESTONE, COLORADO Chad Auer Mayor RESOLUTION NO. 0 G\ · Lj 0 A RESOLUTION OF THE TOWN OF FIRESTONE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN AND THE STATE FOR POLICE AND RELATED SERVICES AT ST. VRAINPARK WHEREAS, the Town of Firestone and the State of Colorado have negotiated a proposed Intergovernmental Agreement for Police and Related Services at St. Vrain Park (the "Agreement") pursuant to which the Town would provide mutual aid assistance at St. Vrain Park when requested by the State and to the extent Firestone Police Department resources are deemed available by the Town; and WHEREAS, the Board of Trustees desires to enter into the proposed Agreement, and finds that the Agreement is in the best interest of the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the Intergovernmental Agreement for Police and Related Services at St. Vrain Park, by and between the Town of Firestone and the State of Colorado (the "Agreement"), a copy of which is attached hereto as Exhibit A. Section 2. The Mayor and Town Clerk are authorized and directed to execute such Agreement on behalf of the Town, except that the Mayor is hereby further authorized to negotiate and approve such revisions to said Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. Section 3. A true copy of the fully-executed IGA shall be deposited with the Clerk of the Town and available for public inspection as the Clerk's office. 'I"-I INTRODUCED, READ, and ADOPTED this 13__'._ day of NovetN'ler , 2009. ' ' TOWN OF FIRESTONE, COLORADO cu L Chad Auer, Mayor ATTEST: 1 RESOLUTION NO. 09-_j_\ A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE HEINTZELMAN PIT ANNEXATIONNOS. I, 2 AND 3 TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as theHeintzelman Pit Annexation Nos. 1, 2 and 3 has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal descriptions for which are attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under§ 31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed within the meaning of Sections 31-12-107(1)(g), -I 10(2) or -112, C.R.S. Section 4. The Board of Trustees will hold a public hearing for the purpose of · determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject proper1y, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestore, Colorado 80520, on Thursday, January 28, 2010 at 7:00 p.m. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning ifrequested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject proper1y if requested in the petition. 1 Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed arinexationis proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordnances annexing the subject property to the Town of Firestone, and 'Mil pass one or more ordinances zoning the subject proper1yifrequested in the petition. INTRODUCED, READ, and ADOPTED this 10 th day of December, 2009, .. , .... .. . ... •• TOWN ATTEST: SEAL · Judy Hegwood Town Clerk .. .• ... . ... lW/2009 3 :52 PM [l1:h)S:\Firestone'.Anne'JIAtion\Heintzelman SubComp.m.doe 2 Chad Auer Mayor EXHIBIT A LEGAL DESCRIPTION DESCRIPTION OF HEINlZELMAN ANNEXATION NO. 1 , TO THE TOWN OF FIRESTONE A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1209-32-1-RE524, RECORDED DECEMBER 15, 1981 IN BOOK 955 AS RECEPTION NO. 1877097, BEING A PART OF THE EAST 1/2 OF THE EAST 1/2 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE67 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO THE BOULDER AND WELD RESERVOIR COMPANY BY DEED RECORDED JUNE 2, 1904 IN BOOK 218 AT PAGE 29, COUNTY OF WELD, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE EAST 1/2 OF SAID SECTION 32 TO BEAR NORTH 89°41'37" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF THE EAST 1/2 OF SAID SECTION 32; THENCE NORTH 00°24'19" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 89°41'37 WEST, COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 1285.44 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE NORTH 00°43'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 1595.43 FEET TO THE SOUTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 218, AT PAGE 29; THENCE COINCIDENT WITH THE SOUTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 218 AT PAGE 29 THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) NORTH 74°49'43" EAST, A DISTANCE OF 1261.88 FEET; 2) NORTH 55°11'43" EAST, A DISTANCE OF 67.11 FEET; 3) NORTH 26°24'53" EAST, A DISTANCE OF 41.59 FEET TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32; THENCE SOUTH 00°24'19" EAST, COINCIDENT WITH THE EAST LINE OF THE . SOUTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 2008.03 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 52.57 ACRES OR 2,289,949 SQUARE FEET, MORE OR LESS. DESCRIPTION OF HEINlZELMAN PIT ANNEXATION NO. 2 TO THE TOWN OF FIRESTONE A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1209-32-1-RE524, RECORDED DECEMBER 15, 1981 IN BOOK 955 AS RECEPTION NO. 1877097, BEING A PART OF THE EAST 1/2 OF THE EAST 1/2 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO THE BOULDER AND WELD RESERVOIR COMPANY BY DEED RECORDED JUNE 2, 1904 IN BOOK 218 AT PAGE 29, COUNTY OF WELD, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: 3 CONSIDERING THE SOUTH LINE OF THE EAST 1/2 OF SAID SECTION 32 TO BEAR NORTH89°41'37" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF THE EAST 1/2 OF SAID SECTION 32; THENCE NORTH 00°24'19" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE NORTH 89°41'37 WEST, COINCIDENT WITH THE NORTH RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 1285.44 FEET TO THE EAST RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 17 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00°43'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 1647.06 FEET TO THE NORTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 218 AT PAGE 29; THENCE COINCIDENT WITH THE NORTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 218 AT PAGE 29 THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) NORTH 74°49'43" EAST, A DISTANCE OF 1240.35 FEET; 2) NORTH 55°11'43" EAST, A DISTANCE OF 45.63 FEET; 3) NORTH 26°24'53" EAST, A DISTANCE OF 127.66 FEET TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32; THENCE NORTH 00°24'19" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 114 OF SAID SECTION 32, A DISTANCE OF 481.85 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 32; THENCE NORTH 00°35'14" WEST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 1689.88 FEET; THENCE SOUTH 26°01'17" WEST, A DISTANCE OF 2897.32 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE SOUTH 89°16'17" WEST, A DISTANCE OF 60.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE SOUTH 00°43'43" EAST, COINCIDENT WITH THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 1678.98 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE SOUTH 89°41'37" EAST, COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 60.01 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 36.75 ACRES, OR 1,600,830 SQUARE FEET, MORE OR LESS. DESCRIPTION OF HEINTZELMAN PIT ANNEXATION NO.3 TO THE TOWN OF FIRESTONE A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1209-32-1-RE524, RECORDED DECEMBER 15, 1981 IN BOOK 955 AS RECEPTION NO. 1877097, BEING A PART OF THE EAST 1/2 OF THE EAST 1/2 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6rH P.M., EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO THE BOULDER AND WELD RESERVOIR COMPANY BY DEED RECORDED JUNE 2, 1904 IN BOOK 218 AT PAGE 29, COUNTY OF WELD, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE EAST 1/2 OF SAID SECTION 32 TO BEAR NORTH · 89°41'37" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE NORTHEAST CORNER OF THE EAST 1/2 OF SAID SECTION 32; THENCE SOUTH 00°35'14" EAST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 1/4 OF·SAID SECTION 32, A DISTANCE OF 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°35'14" EAST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 936.91 FEET; THENCE SOUTH 26°01'17" WEST, A DISTANCE OF 2897.32 FEET TO THE EAST RIGHT-OF- 4 WAY LINE OF WELD COUNTY ROAD 17; THENCE NORTH 00°43'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 2511.59 FEET TO THE SOUTH LINE OF LOT A OF SAID RE-524; THENCE NORTH 89'16'17" EAST, COINCIDENT WITH THE SOUTH LINE OF LOT A OF SAID RE-524, A DISTANCE OF 220.00 FEET TO THE SOUTHEAST CORNER OF LOT A OF SAID RE-524; THENCE NORTH 00'43'43" WEST, COINCIDENT WITH THE EAST LINE OF LOT A OF SAID RE-524 AND PARALLE WITH THE WEST LINE OF THE EAST 1/2 OF THE EAST! OF SAID SECTION 32, A DISTANCE OF 413.15 FEET TO THE NORTHEAST CORNER OF LOT A OF SAID RE-524; THENCE SOUTH 89°16'17" WEST, COINCIDENT WITH THE NORTH LINE OF LOT AOF SAID RE-524, A DISTANCE OF 220.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE NORTH 00°43'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 617.61 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28; THENCE SOUTH 89'55'50" EAST, COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28, A DISTANCE OF 1306.52 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 64.99 ACRES OR 2,830,964 SQUARE FEET, MORE OR LESS. 5 RESOLUTION NO. 09-42 A RESOLUTION APPR0\1NG AN AMENDED PRELIMINARY DEVELOPMENT PLAN FOR FIRESTONE CENTRAL PARK. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of an amended preliminary development plan for Firestone Central Park, a Civic, Cultural and Community Center; and WHEREAS, all materials related to the proposed amended preliminary development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval; and WHEREAS, the Board of Trustees has duly considered the proposed amended preliminary development plan and final plat, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed amended preliminary development plan should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone does hereby approve the proposed amended preliminary development plan for Firestone Central Park, a Civic, Cultural and Community Center, subject to the condition set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ AND ADOPTED this 10th day ofDecember, 2009. ATTEST: TOWN OF FIRESTONE, COLORADO # Chad Auer Mayor EXHIBIT A Amended Preliminary Development Plan Condition of Approval Firestone Central Park I. Reorient the amphitheater to optimize mountain views while maximizing open seating areas. RESOLUTION NO. 09-43 A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR THE FIRESTONE MUNICIPAL CENTER WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final development plan for the Firestone Municipal Center; and WHEREAS, all materials related to the proposed final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearL,g on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed fmal development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone does hereby approve the proposed fmal development plan for the Firestone Municipal Center, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ AND ADOPTED this 10th day of December, 2009. ATTEST: TOWN OF FIRESTONE, COLORADO CL)~ ChadAuer 1 Mayor EXHIBIT A Final Development Plan Conditions of Approval Firestone Municipal Center I. Modify documents to address comments and red-lines from the Town Engineer and Town Planner. 2. Consider other bench materials, such as stone. 3. The final brick color and style will be determined by the Town Board, with a recommendation from the Planning Commission, prior to construction. RESOLUTION NO. 09-""\ ~ RESOLUTION TO ADOPT BUDGET TOWN OF FIRESTONE, COLORADO A RESOLlTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2010 AND ENDING ON THE LAST DAY OF DECEMBER, 2010. WHEREAS, the Board of Trustees of the Town of Firestone has directed the Town Manager to prepare and submit a proposed budget to said governing body at the proper time; and WHEREAS, the Town Manager has submitted a final proposed budget to this governing body on December 10, 2009 for its consideration; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place, and interested taxpayers were given the opportunity to file or register any objections to said proposed budget; and WHEREAS, in accordance with Article X, Section 20 of the Colorado Constitution, approved by the voters on November 3, 1992, and "Amendment One Emergency Reserve" is included in the budget in a total amount estimated to equal three percent (3%) of the Town's fiscal year spending excluding bonded service, the final amount to be calculated when necessary final information is available to the Town; and WHEREAS, whatever increases may have been made in expenditures, like increases were added to the revenues, so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the budget as submitted, amended, and as attached to this resolution, be, and the same hereby is, approved and adopted as the budget of the Town of Firestone for the year stated above. 1 Section 2. That the budget hereby approved and adopted shall be signed by the Mayor and Town Clerk and made a part of the public records of the Town. INTRODUCED, READ AND ADOPTED this 10th day of December, 2009. TOWN OF FIRESTONE, COLORADO Chad Auer, Meyor Attest: 1k1.u,.. T~ Rebecca Tc-berman, Secretary 2 RESOLUTION NO. 09-~ TOWN OF FIRESTONE, COLORADO A RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW, FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE 2010 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law, on December 10, 2009; and WHEREAS, the Board of Trustees has made provision therein for revenues in an amount equal to total proposed expenditures as set forth in said budget; and WHEREAS, it is required by law but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operation of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the following sums are hereby appropriated from the revenues of each fund, for the purposes stated: General Fund Total General Fund Expenditures & Transfers $3,992,252 Park Fund Total Park Fund Expenditures & Transfers $ 250,208 Conservation Trust Fund Total Conservation Trust Fund Expenditures & Transfers $ -0- Highway and Streets Fund Total Street and Highway Fund Expenditures & Transfers $ 1,455,314 Water Fund Total Water Fund Expenditures & Transfers $3,147,519 Stormwater Fund Total Stormwater Fund Expenditures & Transfers $ 249,500 1 Impact Fee Fund (old; per Ord. 347 and Res. 96-23) Total Impact Fund (old) Expenditures & Transfers $ -0- Capital Improvement Fund Total Capital Improvement Fund Expenditures & Transfers $ 933,827 Debt Service Fund Total Debt Service Fund Expenditures & Transfers $ 73 765 Open Space Trust Total Open Space Trust Fund Expenditures & Transfers $ 35 000 Pemion Fund (Old Hire Plan) Total Pension Fund Expenditures & Transfers $ 9,690 Firestone Finance Authority Fund Total Firestone Finance Authority Fund $ 140,625 Total Appropriations & Transfers: $10,287,700 INTRODUCED, READ, and ADOPTED this 10th day of December, 2009. TOWN OF FIRESTONE C!~L Chad Auer, Mayor Attest: 11,JVLA T~ Rebecca T:iberman, Secretary 2 RESOLUTION NO. 09-~ A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE 2009 TAX YEAR, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF FIRESTONE, COLORADO FOR THE 2010 BUDGET YEAR. WHEREAS, the Board of Trustees of the Town of Firestone on December 10, 2009 adopted the annual budget for the 2010 budget year in accordance with the Local Government Budget Law; and WHEREAS, a general property tax mill levy is necessary to defray the general expenses of Town government for the 2010 budget year; and WHEREAS, due to the approval of ballot issue 2A on November 3, 1998, the Town of Firestone issued general obligation bonded debt in 1999 for the purpose of constructing a new town hall; and WHEREAS, the amount of money necessary for the debt service payment due in 2010 Qn the approved general obligation bonded debt is $73,617 ; and WHEREAS, the 2009 valuation for assessment for the Town of Firestone as certified by the County Assessor is $132,642,530 ; and WHEREAS, the Town is exempt from the statutory property tax revenue limitation (5.5% limit) due to voter approval of Ballot Issue A at the April 2, 1996 regular municipal election; and WHEREAS, the Tov.11 is exempt from the fiscal year spending limitation imposed by Article X, Section 20 to the Colorado Constitution, due to voter approval of Ballot Issue A at the April 2, 1996, regulm municipal election; and WHEREAS, the Board of Trustees must certify the mill levies for the 2010 budget year by December 15, 2009, and by this Resolution desires to so certify its general mill levy and bonded debt mill levy. NO\V, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That for the purpose of meeting all general operating expenses of the Town of Firestone during the 2010 budget year, there is hereby levied a tax of 6.250 mills upon each dollar of the total valuation for assessment of all taxable property within the town for the year 2009. Section 2. That for the purpose of meeting payments for bonded indebtedness of the 1 Town of Firestone during the 2010 budget year, there is hereby levied a tax of .555 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2009. Section 3. That the Town Clerk is hereby authorized and directed to immediately certify to the County Commissioners of Weld County, Colorado, the mill levy for the Town of Firestone as herein above determined and set. INTRODUCED, READ, and ADOPTED this 10th day of December, 2009. Attest: ... ·· ·· .. TOWN --SEAL ··.. ,•· .. .. ikl.o,u. ~~ Rebecca Toberman, SMtary TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor 2 RESOLUTION NO. Q G\ · Y 7 A RESOLUTION APPROVING AN AGREEMENT FOR MUNICIPAL JAIL SERVICES BETWEEN THE TO'WN OF FIRESTONE AND WELD COUNTY WHEREAS, the Town does not maintain a jail facility and desires to contract with Weld County for the use of its jail facilities; and WHEREAS, an agreement has been proposed between the Town and Weld County for joint use of the County's jail facilities; and WHEREAS, the Town has authority under applicable law, including but not limited to C.R.S. §§ 3 l-15-40l(l)(k) and 29-1"203, to enter into such Agreement. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. The proposed Agreement for Municipal Jail Services ("Agreement") between the Town of Firestone and Weld County is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2. The Mayor is hereby authorized to execute the Agreement, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential t~rms and conditions of the Agreement are not altered. Section 3; The Town's funding of the costs set forth in the Agreement is subject to such budg~tary and appropriations measures as are required by state law. {L. INTRODUCED, READ, and ADOPTED this _!_Q_ day of tkcemb oc , 2009. ATTEST: Judy Hegwood TownCle~k TOWN OF FIRESTONE, COLORADO Ci~b Chad Auer·. Mayor RESOLUTION NO. () q · L\ 8'°' A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE ADN.f FARM ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION WHEREAS, a petition for annexation of property described in Exhibit A attached hereto has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: I. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including without limitation: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone; in accordance with Section 31-12- 104(1 )(a), C.R.S., contiguity may be established by the annexation of two or more parcels in a series. b. . A community of interest exists between the area proposed to be annexed and the Town of Firestone. c. The area proposed to be annexed are urban or will be urbanized in the near future. d. The area proposed to be annexed are integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. 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 ofreal 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 170.510 acres, more or less. k. The Master Plan adopted by the Board of Trustees of the Town of Firestone shall serve as the plan for the area proposed to be annexed, in accordance with Section 31-12-105(l)(e), C.R.S. I. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of each of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January I next ensuing. 5. No election for annexation of the area proposed to be annexed has been held in the preceding twelve months, and no election is required under Sections 31-12-107(2) or -112, C.R.S. 2 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of Sections 31-12- 107(1)(g), -110(2) or 112, C.R.S. 7. The landowners of one hundred percent (100%) of the area proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and Section 31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have teen met, that the proposed annexation are proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. +>- INTRODUCED, READ, and ADOPTED this jJ__ day of 0<?re ...,\ngr ATTEST: . JOO~ cl ~.,,Q Town Clerk 3 Chad Auer Mayor , 2009. LEGAL DESCRIPTION EXHIBIT A -LEGAL DESCRIPTION ADAM FARM ANNEXATION A PORTION OF LOTS A AND B, RECORDED EXEMPTION NO. 1313--4-2-RE I 085, ACCORDING TO THE MAP RECORDED MAY 24, 1988 AT RECEPTION NO. 2142263 IN BOOK 1197,.BEING LOCATED IN THE NORTH 1/2 OF SECTION 4, 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 THE CENTER QUARTER CORNER OF SECTION 4, AS MONUMENTED BY A RECOVERED 3-1/4" ALUMINUM CAP, "LS 22098", WHENCE THE NORTH QUARTER OF SAID SECTION 4 BY A RECOVERED 3-1/4" ALUMINUM CAP, "LS 22098" IS ASSUMED TO BEAR N 00°36'47" E, A MEASURED DISTANCE OF 2606.04 FEET, WITH ALL BEARINGS RELATIVE TO HEREON; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, S 89°22'52"W A DISTANCE OF 258.81 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 5-1/2, SAID POINT ALSO BEING 30.00 FEET EAST OF AND PARALLEL TO A LINE THAT IS 17.5 RODS WEST OF THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, N 00°36'47" E, A DISTANCE OF 2576.65 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 26 AS DEDICATED BY BOOK 86 AT PAGE 273, SAID POINT ALSO BEING 30.00 FEET SOUTH OF AND PERPENDICULAR TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 89°30'56" E, A DISTANCE OF 258.80 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, N 89°31'14" E, A DISTANCE OF 2624.85 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 7, AS DEDICATED BY BOOK 86 AT PAGE 273, SAID POINT ALSO BEING 30.00 FEET PERPENDICULAR TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 7, S 00°25'00" W, A DISTANCE OF 2567.47 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; 4 THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, S 89°20'15" W, A DISTANCE OF 2633.83 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 4 AND THE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINS 7,427,416 SQ. FT. OR 170.510 AC., MORE OR LESS. 5 0 ~~:55\~t ~ ,,7)~>~~j/!iil;.:~. 0-•. <-'•r'\ <>F o·rJ pr11 v{ ,k .i. to FreJ.rtl. 1·5 · I 0 \ RESOLUTION NO. 0 q -l\ 9 A RESOIJUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWNS OF FIRESTONE AND FREDERICK REGARDING COURT CLERKCOVERAGEFORMUNICIPALCOURT WHEREAS, an agreement has been proposed between the Towns of Firestone and Frederick to allow their court clerks to provide coverage for each other's court sessions in the event the presiding clerk is unable due to unforeseen circumstances such as illness; and WHEREAS, the Town has authority under applicable law, including but not limited to C.R.S. §29-1-201 et~-, to enter into such Agreement; and WHEREAS, the Board of Trustees finds that it is the best interest of the Town and its citizens to enter into this Agreement. NO\V THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Intergovernmental Agreement between the Towns of Firestone and Frederick Regarding Court Clerk Coverage ("Agreement") is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2. The Mayor is hereby authorized to execute the Agreement, and is further authorized tc negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. Section 3. The Town's funding of its obligations under the Agreement is subject to such budgetary and appropriations measures as are required by state law . . fl.-. INTRODUCED, READ, and ADOPTED this ll_ day of D~Cf'M½<a'.'.: , 2009. TOWN OF FIRESTONE, COLORADO ATrEST: 12/412009 8:25 A.M.[mac/ S:\Officc\Firestone\Res\IGA Court Cleik CLJ L Chad Auer ✓ Mayor INTERGOVERNMENTAL AGREEMENT REGARDING COURT CLERK COVERAGE FOR MUNICIPAL COURT This Intergovernmental Agreement ("Agreement") is entered into this ~~ day of December, 2009, between the TOWN OF FREDERICK, a municipality and political subdivision of the State of Colorado ("Frederick"), and the TOWN OF FIRESTONE, a municipality and political subdivision of the State of Colorado ("Firestone"). WHEREAS, the parties have the need to provide a qualified municipal court clerk to cover court in the event the presiding clerk is unexpectedly unavailable due to unforeseen circumstances; and WHEREAS, each Town employs a qualified municipal court clerk, knowledgeable in municipal court rules and procedures. NOW THEREFORE, in consideration of the terms and conditions of this Agreement, the Parties agree as follows: I. Each Party will make available to the other Party's municipal court its court clerk to provide coverage for a court session in the event the presiding municipal court clerk is unavailable at such times as are mutually agreeable to the Parties and to the extent such resources are deemed available by the Party lending the services of its court clerk. 2. Arrangements for such coverage will be made by the court clerk, or in her absence, the Town Administrator or his or her designees. Notwithstanding the foregoing, the court clerks shall work a schedule consistent with applicable ordinances, policies, and procedures and subject to the Fair Labor Standards Act. 3. The Party providing coverage for the absent court clerk will compensate its court clerk pursuant to the employment tei-ms and conditions in place with its employee, and it is mutually agreed and understood that the court clerk is at all times an employee of the Party lending the services of its court clerk and not of the Party receiving such services. The court clerk providing coverage for the absent court clerk is not entitled to any compensation, overtime, or benefits of any kind, including without limitation, pension rights or payments, insurance of any kind, reimbursement of medical expenses, vacation pay, sick leave or sick pay, from the municipality or municipal court for which coverage is provided. 4. Either Party may terminate this agreement, with or without cause, by providing the other Party with 30 days written notice. 5. At least annually, the Parties agree to review the number of court sessions for which their court clerks have lent coverage to the other Party's municipal court, and in the event that one Party's court clerk has lent more coverage than the other Party's court clerk, the Party lending such additional coverage may request the other Party to reimburse it for its costs, including but not limited to, overtime, in lending such additional service. 6. The Parties shall each carry general liability and automobile liability coverage in the minimum amounts established by the Colorado Governmental Immunity Act for proiection from claims for bodily injury, death, property damage, or personal injury which may arise through the execution or performance of the Agreement. The Parties shall also carry worker's compensation and employer's liability insurance in the minimum amounts required by state law for their respective court clerks. 7. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the Parties hereto, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person or entity not a party to this Agreement. It is the express intention of the Parties hereto that any person or entity, other than the parties to this Agreement, receiving services or benefits under this Agreement shall be deemed to be incidental beneficiaries only. IN WITNESS WHEREOF, the Parties have executed this Agreement, with full authority to do so, effective the date set forth above. ATTEST: TOWN OF FIRESTONE By:_L~L&-:::=:::::::::______:_~~~ Chad Auer, Mayor ATTEST: Judy Hegwood, Town Clerk •. ·· ·~ TOWN -SEAL· .. . .. .. RESOLUTIONNO. /0-0( A RESOLUTION DESIGNATING THE PLACE FOR POSTING OF NOTICES OF MEETINGS OF THE BOARD OF TRUSTEES FOR THE TOWN OF FIRESTONE. WHEREAS, C.R.S. § 24-6-402(2)(c) requires the Board of Trustees to designate the public place or places forposting of notices ofthe Board's public meetings. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES FOR THE TOWN OF FIRESTONE, COLORADO: Section I. Pursuant to Section 24-6-402(2)( c ), C.R.S., notices of meetings of the Board of Trustees for the Town of Firestone shall be posted at the front entrance window of the Firestone Town Hall, 151 Grant Avenue, Firestone, CO 80520. Meeting notices may additionally be published on the Town's website, www.ci.firestone.co.us. INTRODUCED, READ, and ADOPTED this 141h day of January, 2010. ATTEST: S:\Fircstooc:\Rcso!ulion'P~ Places 201 O (BOT).doc TOWN OF FIRESTONE, COLORADO CL.J L ChadAuer ' Mayor RESOLUTION NO. I Q-Q;;;J_ A RESOL-JTION AMENDING THE TOWN OF FIRESTONE PERSONNEL POLICY MANUAL TO REFL3CT THE ELIMINATION OF THE DIRECTOR OF OPERATIONS POSITION AND THE DELEGATION OF ALL PRIOR DUTIES OF THE DIRECTOR OF OPERATIONS TO THE TOWN MANAGER WHEREAS, the Town of Firestone previously adopted the Town a/Firestone, Colorado Personnel Policy Manual, dated.October 1, 2002, which manual has been amended from time to time by re.,olution of the Board of Trustees; and W::'iEREAS, the Board of Trustees has eliminated the position ofDirector of Operations and delegated all prior responsibilities of Director of Operations to the Town Manager; and WHEREAS, there are references to the Director of Operations in a number of sections of the Town of Firestone, Colorado Personnel Policy Manual; and WHEREAS, the Board of Trustees desires to amend certarn provisions of the Town of Firestone. Colorado Personnel Policy Manual to reflect the elimination of the Director of Operations position, and to amend other provisions thereof to replace remaining references to the term "Director of Operations" with the term "Town Manager". N•}W THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section L Subsections C andD of Section 1.01 of the Personnel Policy Manual, entitled "Purpose, Intent and Coverage," are hereby amended to read as follows (words added are underlined; words de:eted are slrieken lhret1gh): C. T:1e provisions of this manual apply to all categories of employees of the Town except as otherwise. specified herein or in the Town's ordinances or other applicable laws, or contracts entered into by the Board. Without limiting the foregoing, the provisions hereof shall apply to the positions of Town Manager a11EI DiFeeleF ef OJ3eratiens only with respect to the administration of benefits, consistent with any such contracts, and the o:her provisions hereof, including but not limited to those pertaining to observation periods, disciplinary actions, appeals, and grievances, shall.not apply to such position. D. Throughout this manual references to the "Board" are to the Board of Trustees of the Town. As used herein, the term "Town Manager" refers to the Town Manager of the Town, "DifeeleF ef Openliiens" refeFS le the DiFeeter ef OfleFatiens, and the term "Departm.ent Head" refers to the chief officer of a particular Department of the Town. An employee's supervisor may be a Department Head or another supervisory employee \Who reports to the Department Head. An employee's direct supervisor is as identified in the Town's job classification for the position. Section 2. Subsection D of Section 2.07 of the Personnel Policy Manual, entitled "Selection Procedure for New Employees," is hereby amended to read as follows (words deleted are striekSR tm-eugh): D. The selection procedures ofthis Section 2.07 shall not apply to officers of the Town, including but not limited to the Diree!er ef Ojleratiens, Town Manager, Town Clerk, Chief of Police, Treasurer, Town Attorney, Town Engineer, and such other Department Head or the supervisory level positions as specified by the Board, all of whom who shall be selected and appointed according to such selection techniques and terms and conditions as the Town Board shall determine. Section 3. Subsection E of Section 3.06 of the Personnel Policy Manual, entitled "Introductory Probation (New Hire)" is hereby amended to read as follows (words deleted are s!risl,ea tm-eugh)" E. The foregoing provisions shall 11ot apply to the Diree!er efOjJCFatiees er Town Manager; or to Town officers who serve the Town Board as provided in applicable statutes.and ordinances. Section 4. Section 3.10 of the Personnel Policy Manual, entitled "Independent Contractors," .is hereby amended toread as follows (words deleted are s!riekea thfe11gh): 3.10 INDEPENDENT CONTRACTORS An independent contractor utilized by the Town is one iliatis customarily engaged in an independent trade, occupation, profession, or business related to the service, and who, in the performance of services for theTown is free from control and direction by the Town, both under the contract for the performance of the service, if any, and in fact. Independent contractors are not Town employees and are not subject to any of .the provisions of this manual. Compensation for independent contractors is established by negotiation or bid prior to begi1111ing the task. All contracts with an independent contractor shall be reviewed by the Town Attorney and approved by the Diree!er sf Ojleratimw, Town Manager and/or Town Board of Trustees as applicable. Independent contractors may be required to provide proof of insurance to the Town prior to the start of any contract. Section 5. Subsection B of Section 12.02 of the Perso1111el Policy Manual, entitled "Disciplinary Action -General," is hereby amended to read as follows (words added are underlined; words deleted are s!riekea tm-eugh): B. The type of discipline to be imposed for an infraction shall be that which the Town, through the Diree!er ef Operatiees Town Manager, Department Head, or supervisors deems aP.propriate under the circumstances; each may, in his or her discretion, determine that any of the disciplinary actions set forth in this Section is appropriate, and may determine the order of any such disciplinary actions. 1. For purposes of administration of this Section, but subject to B.2., below, the Town Manager shall be considered a Department Head with respect to employees reporting to the Town Manager. 2. Disciplinary action imposed on Department Heads, up to and including termination, shall be as determined by the Town Manager Director of013erotions. The foregoing sentence. shall not apply to .the officers subject to Board removal pursuant to state statutes and Town ordinances. Nor shall this Section apply to the positions of Town Manager and Directer of Ofleratiofls, who 1§ are not an officers and are 1§ subject to termination as provided by contract. Section 6. Subsections C and D of Section 12.03 of the Personnel Policy Manual, entitled "Grievance Procedures," are hereby amended to read as follows (words added are underlined; words deleted are stricken throagh): C. An employee shall have 5 working days after the incident or occurrence upon which a grievance is based to present a written grievance to their immediate supervisor who shall make inquiry into the facts and circumstances of the grievance. If the grievance involves the immediate supervisor, then the grievance shall be submitted to the Department Head or, if the immediate supervisor is also the Department Head, then to the Town Manager Director of Ofleratieas. If the grievance involves the Directer ef Operotieas er Town Manager, then the grievance shall be submitted to the Mayor. The person to whom the grie:,ance is presented shall attempt to resolve the problem promptly and fairly and notify the employee of the grievance decision in writing within 5 working days. D. If the employee is not satisfied with the response to his or her grievance, then the employee can request a review with the Department Head, Directer ofOflerations, and/or Town Manager, as applicable. If the grievance involves the Department Head,.-the Direeter of Ofleratioas or the Town Manager, then the Mayor ( or other disinterested trustee or other Town official, as determined by the Mayor) shall attend the review and such Department Head, Director of Operations and/or Town Manager shall be excluded from the review meeting. The person conducting the review may conduct such interviews and materials as he or she detem1ines necessary or appropriate, and shall render a decision within Jworking days of the review meeting. The decision of the party undertaking the review shall be final. Section 7. The Town of Firestone, Colorado Personnel Policy Manual is hereby amended su~h that all remaining references therein io the term "Director of Operations" are changed to "Town Manager". Section 8. This .Resolution and the amendments to the Town of Firestone, Colorado Personnel P.1/icyMcmual set forth herein shall take effect January 14, 2010 . 2010. .Attest: . INTRODUCED,READ,andADOPTEDthis. /? dayof _.0-a~. TOWN OF F~ONE; COLORAPO Chad Auer Mayor S:\firc:notie\Rai:i1U1ion\PcrionnelPoh~~(2009).re!.doc RESOLUTIONNO . .lll-03 A RESOLUTION MAKING LEGISLATIVE FINDINGS DETERMINING AN AREA WITHIN THE TOWN OF FIRESTONE TO BE A BLIGHTED AREA AND APPROPRIATE FOR INCLUSION IN AN URBAN RENEW AL PROJECT WHEREAS, the staff of the Town of Firestone ("Town) surveyed and documented whether conditions that constitute a blighted area, as defined in the Colorado Urban Renewal Law, sections 31-25-101, et seq .. C.R.S. (the Law) exist in the Town of Firestone; and \\/HEREAS, the Town staff prepared a Conditions Survey, which survey has been reviewed and updated to September 2009, as described in a document entitled Southern Firestone Conditions Survey (the Conditions Survey) dated September 16, 2009 consisting of 12 pages, Attachment A study area map exhibit ( I map sheet), Attachment B field inventory exhibit ( I page), Attachment C field survey maps of existing conditions (10 map sheets), Attachment D flood, oil and gas, and mining map exhibits (3 pages) and including a description of existing conditions and numerous photographs; and WHEREAS, the Conditions Survey is a matter of public record in the custody of the Town Clerk, and is available for public inspection during business hours of the Town; and WHEREAS, the Conditions Survey was presented to the Board of Trustees for its review and consideration, which Conditions Survey shows that the area described in Section 2 hereof qualifies as a blighted area as defined in the Law; and WHEREAS, commencing on November 19, 2009, the Board of Trustees conducted a public hearing, which hearing was continued to January 28, 20 I 0, and reviewed said Conditions Survey pursuant to the procedural and notice requirements of the Law; and WHEREAS, notice of the public hearing on the Conditions Survey and the physical conditions found in the proposed urban renewal area was published as required by section 31-25- 107(3), C.R.S., at least thirty days prior to the public hearing, such publication being made in the Longmont Times-Cal/ on October 20, 2009; and WHEREAS, written notice of the public hearing was mailed and additionally was hand delivered to each property owner, business, and resident of the area included in the areas described in section 2 hereof informing them of the public hearing at least thirty days prior to the public hearing; and WHEREAS, the Board of Trustees, having considered the evidence and testimony presented in support of and in opposition to the Conditions Survey, and so having considered the legislative record and given appropriate weight to the evidence; I NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees finds, determines and declares that the following conditiom exist in the area described in Section 2 hereof: • Slum, deteriorated, or deteriorating structures (31-25-103(2)(a)); • Predominance of defective or inadequate street layout(-j03(2)(b)); • Unsanitary or unsafe conditions (-!03(2)(d)); • Deterioration of site or other improvements (-103(2)(e)); • Unusual topography or inadequate public improvements or utilities (-103(2)(£)); • The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings or other improvements (-103(2)(k.5)). Section 2. The following described area is found and declared to be a blighted area as defined in the Law and appropriate for inclusion in an urban renewal project pursuant to the Law. This is a legislative finding by the Board of Trustees based upon the Conditions Survey and other evidence presented to the Board of Trustees. The blighted area is described as follows: DESCRIPTION OF SOUTHERN FIRESTONE URBAN RENEWAL AREA Being those portions of Sections 17, 18, 19, 20, 29, and 30 of Township 2 North,Range 67 West of the 6th Principle Meridian, Town of Firestone, Weld County, Colorado, more particularly described as follows: HART PARK ()VEST SIDE) A tract ofland located in the Northwest Quarter of the Northeast Quarter of Section 30, T2N, R67W of the 6th P.M., Town of Firestone, County of Weld, State of Colorado, described as follows: Considering the North line of said Northeast Quarter as bearing South 90°00'00" East and · with 111 bearings contained herein relative thereto: Commencing at the Northwest comer of said Northeast Quarter, the TRUE POINT OF BEGINNING of this description; thence along said North line South 90°00'00" East 330.00 feet to the Northwesterly comer of the Globe Addition to the Town of Firestone; thence along the boundary of the said Globe Addition South 00°38'37" East 660.00 feet, and again North 90°00'00" West 330.00 feet to the Westerly line of said Northeast Quarter, and to the Easterly boundary of the Town of Firestone according to the Rep lat of the Town of Firestone 2 recorded May 1, 1974 at Reception No. 1635587, of the records of Weld County, State of Colorado; thence along the said Westerly line of the Northeast Quarter and the said Easterly boundary of the Town of Firestone North 00°38'37" West 660.00 feet to the Point of Beginning. · The above described tract contains 5.0 acres more or less and is subject to all easements and rights-of-way now existing or of record. Together with; HART PARK {EAST SIDE} All that area described as public open space and Grant A venue road right-of-way as described in the Amended Annexation Map of Globe Addition recorded May 17, 1978 at Reception No. 1753702, of the records of Weld County, State of Colorado. Together with; GLOBE SUBDIVISION FIRST FILING All public road right-of-ways conveyed to the Town of Firestone as described in the Final Plat of Globe Subdivision First Filing recorded May 17, 1978 in Book 832 at Reception No. I 753703, of the records of Weld County, State of Colorado. Together with; GLOBE SUBDIVISION SECOND FILING All public road right-of-ways conveyed to the Town of Firestone as described in the Final Plat of Globe Subdivision Second Filing recorded November 1, 1978 in Book 850 at Reception No. 1771614, of the records of Weld County, State of Colorado. Together with; THE ZADEL RANCH, COMMERCE VILLAGE All of the First Street North public road-right-of-way, and Grant Avenue road right-of-way conveyed to the Town of Firestone, and Lot 1 as described in the Final Plat of The Zade! Ranch, Commerce Village recorded September 29, 1982 at Reception No. 01905061, of the records of Weld County, State of Colorado. Together with; THE ZADEL RANCH, WESTWIND VILLAGE All public road right-of-ways and two 20' public access, utility and drainage parcels conveyed to the Town of Firestone as described in the Final Plat of The Zade! Ranch, Westwind Village recorded June 15, 1978 in Book 835 at Reception No. 1756842, of the records of Weld County, State of Colorado. Together with; FIRESTONE MUNICIPAL COMPLEX All real property owned by the Town of Firestone as described in the Land Survey Plat of Firestone Municipal Complex recorded March 29, 1999 at Reception No. 2683175, of the records of Weld County, State of Colorado. 3 Together with; TOWN OF FIRESTONE (Old Town) All public road right-of-ways and alleys conveyed to the Town of Firestone and the West half of Lot 14, Block 2 and Lots 15-20, Block2 and Lots 1-16, Block 3 and Lots 7-8, Block 15 and Lots 21-32, Block 15 as described in the Replat of the Town of Firestone recorded May I, 1974 at Reception No. 1635587, of the records of Weld County, State of Colorado. Together with; TOWN OF FIRESTONE <Block 4 Allev) All real property conveyed to the Town of Firestone as described in the deed in Book 1526, Page 787 at Reception No. 2471381, of the records of Weld County, State of Colorado. Together with; TOWN OF FIRESTONE (McClure Avenue Parcel) All real property conveyed to the Town of Firestone as described in the deed in Book 1641, Page 517, of the records of Weld County, State of Colorado. Together with; FIRESTONE TRAIL (SECTION 30\ All of Parcel No. 6 owned by the Town of Firestone as described in the Quit Claim Deed recorded March 19, 1997 at Reception No. 2538622, of the records of Weld County, State of Colorado. Together with; FIRESTONE TRAIL (SECTION 19) All real property owned by the Town of Firestone as described in the Annexation Map of Firestone Trail First Annexation recorded March 2, 1999 at Reception No. 2676869, of the records of Weld County, State of Colorado. Together with; RUSSELL SUBDIVISION -AMENDED PLAT All public road right-of-ways and alleys conveyed to the Town of Firestone as described in the Final Plat of Russell Subdivision -Amended Plat recorded March 6, 1968 in Book 592 at Reception No. 1513855, of the records of Weld County, State of Colorado. Together with; RUSSELL SUBDIVISION -SECOND FILING All public road right-of-ways and alleys conveyed to the Town of Firestone and Lot 10, Block 3 as described in the Final Plat of Russell Subdivision Second Filing recorded May 15, 1969 in Book 609 at Reception No. 1531392, of the records of Weld County, State of Colorado. Together with; ADV AN CED FORMING TECHNOLOGY -MINOR PLAT 4 All of Lot I, Lot 2, Lot 3, and Tract A as described in the Minor Plat of AdvancedFonning Technology recorded November 6, 2000 at Reception No. 2805045, of the records of Weld County, State of Colorado. Together with; AMENDED TIMBERLAND SUBDIVISION -FIRST FILING All public road right-of-ways conveyed to the Town of Firestone and Outlet A as described in the Final Plat of Amended Timberland Subdivision-First Filing recorded February 11, 1998 at Reception No. 2593849, of the records of Weld County, State of Colorado. Together with; TIMBERLAND SUBDIVISION -SECOND FILING All public road right-of-ways and Outlet A conveyed to the Town of Firestone as described in the Final Plat of Timberland Subdivision -Second Filing recorded April 8, 1998 at Reception No. 2605095, of the.records of Weld County, State of Colorado. Together with; TEETS ANNEXATION NO. I All real property as described in the Annexation Map of Teets Annexation No. I recorded July 21, 1997 at Reception No. 2558855, of the records of Weld County, State of Colorado. Together with; THE OVERLOOK AT FIRESTONE, REPLAT "A" All public road right-of-ways and Outlet A conveyed to the Town of Firestone and Tract I as described in the Final Plat of The Overlook at Firestone, Replat "A" recorded March 15, 2000 at Reception No. 2755702, of the records of Weld County, State of Colorado, except for the southerly 10 feet of McClure Avenue right-of-way vacated by the Town of Firestone as described in the Final Plat of The Overlook at Firestone, Replat "B" recorded July 9, 2001 at Reception No. 2863948, of the records of Weld County, State of Colorado. Together with; THE OVERLOOK AT FIRESTONE, FILING NO. 2 All public road right-of-ways and Outlet B conveyed to the Town of Firestone as described in the Final Plat of The Overlook at Firestone, Filing No. 2 recorded May 24, 2001 at Reception No. 2851137, of the records of Weld County, State of Colorado. Together with; THE OVERLOOK AT FIRESTONE, REPLAT "C" All public road right-of-ways conveyed to the Town of Firestone as described in the Final Plat of The Overlook at Firestone, Replat "C" recorded June 18, 2003 at Reception No. 3073958, of the records of Weld County, State of Colorado. Together with; FIRESTONE VILLAS SUBDIVISION All public road right-of-ways, Outlet A, Outlet B and Outlet C conveyed to the Town of 5 Firestone and Lots 7-19, Block I and Lots 7-12, Block2 and Lots 1-6, Block3 and Lots 1-8, Block 4 as described in the Final Plat of Firestone Villas Subdivision recorded August 20, 2007 at Reception No. 3498266, of the records of Weld County, State of Colorado. Together with; SADDLEBACK VISTAS All real property as described in the Outline Development Plan of Saddleback Vistas recorded October 5,200 I at Reception No. 2890111, of the records of Weld County, State of Colorado. Together with; FIRESTONE SAFEWAY All of Lot 2 and Lot 3 as described in the Final Plat of Firestone Safeway recorded February · 28, 2001 at Reception No. 2828882, of the records of Weld County, State of Colorado. Together with; SADDLEBACK ESTATES A tract of land located in the Southwest One-Quarter of Section 19, Township 2 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, described as follows: Commencing at the Southwest comer of said Section 19, from which the South One-Quarter comer of said Section 19 bears N89°40'09"E, 2472.66 feet; Thence N89° 40 '09"E 804.40 feet along the South line of the Southwest One-Quarter of said Section 19 to the Southeast comer of the Zade] Ranch, Commerce Village; Thence N00°52'30"W 319.57 feet along the Easterly line of said the Zade] Ranch, Commerce Village to a point of curve to the right thereof; Thence Northerly 53.61 feet along the arc of said curve and along the Easterly line of said · the Zade! Ranch, Commerce Village to a point of tangent thereof, said arc having a radius of 507.62 feet, a central angle of 06°03'03", and being subtended by a chord that bears N02°09'02"E 53.58 feet; Thence N05° IO' 33"E 114.12 feet along the Easterly line of said the Zade! Ranch, Commerce Village to a point of curve to the left thereof; Thence Northerly, 59.94 feet along the arc of said curve and along the Easterly line of said the Zade! Ranch, Commerce Village to a point of tangent thereof and the True Point of Beginning, said point also being the Northwest corner of that tract of land conveyed to the Town of Firestone as described in Special Warranty Deed recorded June 15, 1992 in Book 1339 as Reception No. 2291849, of the records of Weld County, Colorado, said arc having a radius of 567.62 feet, a central angle of 06°03'03", and being subtended by a chord that bears N02°09'02"E 59.92 feet; 6 Thence N00°52'30"W 1105.80 feet along the Easterly line of said the Zade! Ranch, Co=erce Village; Thence S6 l 0 23 '48"E, 736.15 feet; Thence S56°42'08"E, 667.37 feet; Thence S08°50'10"E, 659.27 feet to the Northerly Right-of-Way line of the Coal Ridge Irrigation Canal conveyed to Northern Colorado Water Conservancy District as described in instrument recorded December 6, 1955 in Book 1436 at Page 442 of the records of Weld County, Colorado; Thence S84 °3 l '09"W, 162. 90 feet along the Northerly Right-of-Way line of said Coal Ridge Irrigation Canal; · Thence S09°30'32"W, 263.79 feet to the South line of the Southwest One-Quarter of said Section 19; Thence S89°40'09"W, 530.72 feet along the South Line of the Southwest One-Quarter of said Section 19 to the Southeast corner of that tract ofland described in said Book 1339 as Reception No. 2291849, said point described as being Westerly 1106.52 feet along the South line c.f the Southwest One-Quarter of said Section 19 from the Southwest One-Quarter corner of said Section; Thence N00°52'49"W, 546.57 feet along the East line of that tract of land as described in said Book 1339 as Reception No. 2291849 to the Northeast corner thereof; Then,;e S89°40'09"W, 543.67 feet along the North line of that tract of land as described in said Book 1339 as Reception No. 2291849 to the Northwest Corner thereof and the True Point of Beginning. Contains 29.08 acres more or less. Basis of Bearing: The South line of the Southwest¼ Section 19, Township 2 N., Range 67 W. of the 6TH Principal Meridian, Weld CO., Colorado is assumed to bear N89°40'09"E. Together with; SADDLEBACK P.U.D. A tract of land located in the N ½ of Section 19, T2N, R67W of the 6th P.M., Town of Fires~one, County of Weld, State of Colorado, described as follows: BEGINNING at the N ¼ Corner of said Section 19, from which the Northwest Corner of said Section 19, bears S89°59'35"W, 2387.90 feet (Basis of Bearing), thenceS89°59'35"W, 2208.09 feet along the North Line of the NW¼ of said Section 19 to the Easterly Right-of- 7 way Line of the Former Union Pacific Railroad conveyed to the Union Pacific Railroad Company as descnbed in Warranty Deed recorded June 13, 1910, in Book 320 at Page I 87 of the records of Weld County, Colorado; Thence S00°52'37"E, 1207:59 feet along the Easterly Right-of-way Line of said Former Union Pacific Railroad to a point from which the Northwest Comer of that tract of land conveyed to The Weld County Tri-Area Sanitation District as described in Court Decree recorded May 31, 1968, in Book 595 as Reception No. 1517031 of the records of Weld County, Colorado, bears S00°52'37"E, 583.37 feet along the Easterly Righ;.of-way Line of said Former Union Pacific Railroad, said point also being an angle point of Parcel A of Saddleback Golf Course conveyed to Coal Ridge Management, Inc. as described in Bargain and Sale Deed recorded December 13, 2000, as Reception No. 2813046 of the records of Weld County, Colorado; The following courses and distances are along the Northerly Line of said Parcel A of Saddleback Golf Course: Thence S55°09'54"E, 197.36 feet; thence S00°00'00"E, 80.00 feet; thence S55°09'54"E, 304.22 feet; thence S38°52'55"E, 467.85 feet; thence S61 °32'37"E, 523.03 feet; thence N31 °50'07"E, 967.17 feet to the most Southerly Corner of Parcel C of Saddleback Golf Course as described at said Reception No. 2813046; The following courses and distances are along the Westerly Line of said Parcel C of Saddleback Golf Course: Thence N29° I 3 '07"E, 143 .45 feet; thence NI 2° 17' 39"E, 107.46 feet; thence N36°03 '32"E, 33.42 feet; thence N54°06'0l"E, 105.25 feet to an angle point of said Parcel A of Saddleback Golf Course, also being the most Westerly Comer of Parcel D ofSaddleback Golf Course as described at said Reception No. 2813046; The following courses and distances are along the Northerly Line of said Parcel D of Saddleback Golf Course: Thence N54°06'0l"E, 75.01 feet; thence N80°33'53"E, 31432 feet to the Northerly Line of said Parcel A of Saddleback Golf Course; The following courses and distances are along the Northerly Line of said Parcel A of Saddleback Golf Course: Thence N75°33'24"E, 209.97 feet; thence N64°35' 44"E, 227.29 feet; thence S84°37'34"E, 789.20 feet; thence S20°09'33''E, 200.39 feet; thence S57°42'50"E, 196.33 feet to the most Westerly Comer of Parcel E ofSaddleback Golf Course as described at said Reception No. 2813046; The following courses and distances are along the Northerly Line of said Parcel E of Saddleback Golf Course: Thence S72°22 '06"E, 288.32 feet; thence S57°55' l 9"E, 468.28 feet to the Northerly Line of said Parcel A of Saddleback Golf Course; 8 The following courses and distances are along the Northerly Line of said Parcel A of Saddleback Golf Course: Thence S65° 49 '08"E, 4 I 5.95 feet; thence N88°08 '30"E, I 54. 7 4 feet at right angles from the East Line of the NE ¼ of said Section 19 to the East Line of the NE ¼ of said Section 19; Thence leaving the Northerly Line of said Parcel A of Saddleback Golf Course, NOi 0 51 '30"W, 1669.50 feet along the East Line of the NE ¼ of said Section 19 to the Northeast Comer of said Section 19; Thence N89°58' 18"W, 2635.37 feet along the North Line of the NE¼ of said Section 19 to the N ¼ Comer of said Section 19 and the POINT OF BEGINNING, excepting there from Lot 24 Block I and Lot 14 Block 2 as described in the Final Plat ofSaddleback First Filing recorded June 30, 2005 at Reception No. 3299165, of the records of Weld County, State of Colorado. Together with; SADDLEBACK FIRST FILING All real property and public right-or-ways, except Lot 24 Block I and Lot 14 Block 2, as described in the Final Plat of Saddleback First Filing recorded June 30, 2005 at Reception No. 3299165, of the records of Weld County, Staie of Colorado. Together with; THE RESERVE A tract of land located in the Southeast Quarter Section 19, T2N, R67W of the 6th P.M., Town of Firestone, County of Weld, State of Colorado, described as follows: BEGINNING at the South line of Section 19, whence South 89°40'59" West, 927.28. feet; thence along the Easterly line of The Zade! Ranch, Westwind Village Subdivision North 00°i9'01" West, 421.00 feet; thence North 33°00'00" West, 252.84 feet to a point on the Easterly Right-of-Way line of the South Platte Supply Canal; thence along said Easterly R.O.W. the following (4) courses; Thence North 59°34'26" East 23.95 feet; Thence North 17°14'09" East 241.81 feet; Thence 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°00'00" East, 708.21 feet; thence South 43°00'00" East, 753.00 feet; thence South 00°10'01" East, 50.00 feet to a point on the South line of Section 19; thence South 89°40'59" West, 1372.18 feet to the point of BEGINNING, containing28.049 acres, rmreor less. Together with; FIRESTONE RETAIL CENTER 9 All of Lot 2, Lot 4 and Lot 5 as described in the Final Plat of Firestone Retail Center recorded July 30, 2004 at Reception No. 3204318, of the records of Weld County, State of Colorado. Together .with; FIRESTONE RETAIL CENTER. REPLAT NO. 1 All of Lot I and Tract A as described on the plat of Firestone Retail Center, Replat No. I recorded December 29, 2008 at Reception No. 3596794, of the records of Weld County, State of Colorado. Together with; SADDLEBACK GOLF COURSE All real property as described in the Bargain and Sale Deed recorded December 13, 2000 at Reception No. 2813046, of the records of Weld County, State of Colorado. Together with; GRANT AVENUE All existing and proposed public right-of-way known as, or to be known as, Grant Avenue, being more particularly described as follows; Commencing at the Northwest Comer of Section 30, Township 2 North, Range 67 West of the 6th Principle Meridian, Town of Firestone, Weld County, Colorado and considering the North Line of the Northwest ¼ of said Section 30 to bear S 89°09' 19" E a distance of 2,472.68 L.F. to the North¼ Comer of Said Section 30, with all bearings herein relative thereto; Thence S 89°09'19" E 30.00 a distance ofL.F. to the Point of Beginning. Thence, the right-of-way being 50' north and 30' south of a portion of the North Line of the Northwest¼ of Section 30 from the Point of Beginning and then S 89°09' 19" Ea distance of 2,442.68 L.F. to the North¼ Comer of Section 30. Thence, the right-of-way being 50' north and 50' south of the North Line of the Northeast¼ of Section 30 from the North¼ Corner of Section 30 and then S 89°08' 41" Ea distance of 2,640.83 L.F. to the Northeast Comer of Section 30. Thence, the right-of-way being 50' north and 50' south of the North Line of the Northeast¼ of Section 29 from the Northeast Corner of Section 30 and then S 89°08'25" Ea distance of 2,628 L.F. to the North¼ Corner of Section 29. Thence, the right-of-way being 50' north and 30' south of the North Line of the Northeast¼ of Section 29 from the North¼ Corner and then S 89°20'36" Ea distance of2,630.03 L.F. to the Northwest Corner of Section 29 and the Point of Terminus. Together with; 10 PINE CONE A VENUE (West) All existing and proposed public right-of-way known as, or to be known as, Pinecone Avenue, being more particularly described as follows; Commencing at the Northwest Corner of Section 19, Township 2 North, Range 67 West of the 6ih Principle Meridian, Town of Firestone, Weld County, Colorado and considering the North Line of the Northwest ¼ of said Section 19 to bear S 88°49'53" E a distance of 2,387.92 L.F. to the North ¼ Corner of Said Section 19, with all bearings herein relative thereto; Thence S 88°49'53" Ea distance of30.00 L.F. to the Point of Beginning. Thence, the right-of-way being 30' north and 60' south of a portion of the North Line of the Northwest¼ of Section 19 from the Point of Beginning and then S 88°49' 53" Ea distance of 2,357.92 L.F. to the North¼ Corner of Section 19. Thence, the right-off-way being 60' north and 60' south of the north line of the Northeast¼ of Section 19 from the North¼ Corner S 88°47'59" Ea distance of2,635.42 L.F. to the Northeast Corner of Section 19 and the Point of Terminus. Together with; PINECONE A VENUE (East\ All existing and proposed public right-of-way known as, or to be known as, Pinecone A venue, being more particularly described as follows; Beginning at the Northwest Corner of Section 20, Township 2 North, Range 67 West of the 6th Principle Meridian, Town of Firestone, Weld County, Colorado and considering the North Line of the Northwest ¼ of said Section 20 to bear N 89°01 '20" E a distance of 2,597.64 L.F. to the North ¼ Corner of Said Section 20, with all bearings herein relative thereto; Thence, the right-of-way being 30' north and 50' south of a portion of the North Line of the Northwest ¼ of Section 20 from the Northwest Corner N 89°01 '20" E a distance of 2,629.67 L.F. to a point on the North Line of the Northwest¼. Thence, the right-of-way being 49' north and 50' south of a portion of the North Line of the Northwest ¼ of Section 20 from the previous point N 89°0 l '20" E a distance of 1,948.30 L.F. to the North ¼ Corner of Section 20. Thence, the right-of-way being 49' north and 50' south of a portion of the North Line of the Northeast¼ of Section 20 from the North ¼ Corner N 88°15 '05" Ea distance of 1,315.49 L.F. to a point on the North Line of Northeast¼. Thence, the right-of-way being 30' north and 30' south ofa portion of the North Line of the Northeast¼ of Section 20 from the previous point N 88°15'05" Ea distance ofl,284 L.F. to 11 the Point of Terminus, being N 88°15'05" E a distance of 30.00 L.F. from the Northeast Comer of Section 20. Together with; FRONTIER STREET All existing and proposed public right-of-way known as, or to be known as, Frontier Street, being more particularly described as follows; Beginning at the East¼ Comer of Section 30, Township 2 North, Range 67 West of the&' Principle Meridian, Town of Firestone, Weld County, Colorado and considering the East Line of the Northeast¼ of said Section 30 to bear N 00°22'04" Ea distance of2,640.58 L.F. to the Northeast Corner of Said Section 30, with all bearings herein relative thereto; Thence, the right-of-way being 60' west and 60' east ofa portion of the East Line of the Northeast¼ of Section 30 from the East¼ Corner N 00°22'04" Ea distance of 645.90 L.F. to a point on the East Line of the Northeast ¼. Thence, the right-of-way being 30' west and 60' east of a portion of the East Line of the Northeast¼ of Section 30 from the previous point N 00022'04" Ea distance of 528.00 L.F. to a point on the East Line of the Northeast ¼. Thence, the right-of-way being 60' west and 60' east ofa portion of the East Line of the Northeast¼ of Section 30 from the previous point N 00°22'04" Ea distance of 1,466.68 L.F. to the Northeast Comer of Section 30. Thence, the right-of-way being 60' west and 60' east of the East Line of the East ½ of Section 19 from the Northeast Comer of Section 30 N 00041 '27" W a distance of 5,261.92 L.F. to the Northeast Comer of Section 19 and the Point of Terminus. Section 3. The Board of Trustees finds and determines that the boundaries of the Southern Firestone Urban Renewal Authority Area described in Section 2 have been drawn as narrowly as feasible to accomplish the planning and development objectives of the proposed urba:i renewal area. Section 4. This resolution is effective upon its approval by the Board of Trustees. '::/I, INTRODUCED, READ AND ADOPTED thisZ.S day of Qa,._7 , 2010. ? cUb Chad Auer, Mayor ATTEST: 12 13 CERTIFICATION I, Judy Hegwood, Town Clerk for the Town of Firestone, Colorado, do hereby certify that this is a true and exact copy of Resolution No. 10-03, A PESOLUTION MAKING LEGISLATIVE FINDINGS DETERMINING AN AREA WITHIN THE TOWN OF FIRESTONE TO BE A BLIGHTED AREA AND APPROPRIATE FOR INCLUSION IN AN URBAN RENEWAL PROJECT, adopted by the Board of Trustees on January 28, 201 O, r) Dated thisL day of February, 2010 RESOLUTION No. /0 -() '-{- A RESOLUTION MAKD/G LEGISLATIVE FINDINGS AND APPROVING THE URBAN RENEW AL PLAN FOR THE SOUTHERN FIRESTONE URBAN RENEW AL AREA V., HEREAS, by Resolution NoJ0-03 the Board of Trustees found and declared the area described therein (the Area) to be a blighted area as defined in the Colorado Urban Renewal Law, Sections 31-25-101, et seq., C.R.S. (the Law), and appropriate for inclusion in an urban renewal project; and WHEREAS, it is desirable and in the public interest that the Firestone Urban Renewal Authority ( the Authority) undertake the redevelopment activities described in the Southern Firestone Urban Renewal Plan dated January 28, 2010 (the Plan) for the Southern Firestone Urban Renewal Authority Project (the Project), which Plan is attached hereto as Exhibit A and by this reference made a part hereof; and WHEREAS, approval of the Plan will facilitate the elimination and prevention of blighted areas and promote the redevelopment, conservation, and rehabilitation of the Area; and WHEREAS, the Plan is a matter of public record in the custody of the Town Clerk, and is available for public inspection during business hours of the Town; and \:\IHEREAS, commencing on November 19, 2009, the Board of Trustees conducted a public hearing, which hearing was continued to January 28, 2010, and reviewed the Plan pursuant to the procedural and notice requirements of the Law; and WHEREAS, notice of the public hearing on the Plan was published as required by Section 31-25-107(3), C.R.S., at least thirty days_ prior to the public hearing, such publication being made in the Longmont Times-Call on October 20, 2009; and WHEREAS, ,,vritten notice of the public hearing was mailed and/or hand delivered to each property owner, business, and resident of the Area included in the Plan informing them of the public hearing at least thirty days prior to the public hearing; and \VHEREAS, by adoption of its Resolution No. PC -09-21, the FirestonePlanningandZoning Commission has found that the Plan conforms with the Firestone Master Plan 2008 Update, and has recommended that the Board of Trustees approve such Plan; and WHEREAS, the Board of Trustees having considered the evidence presented in support of and in opposition to the Plan, the Conditions Survey, and staff recommendations and so having considered the legislative record and given appropriate weight to the evidence; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: I Section 1. The Area described in the Plan has been and is hereby found, determined and declared to be a blighted area as defined in the Law, and appropriate for an urban renewal project This is a legislative finding by the Board of Trustees based upon the Conditions Survey and other evidence _presented to the Board of Trustees at a public hearing. S£ction 2. The boundaries of the Area described in the Plan have been drawn as narrowly as the Board of Trustees determines feasible to accomplish the planning and development objectives of the Plan. Section 3. The Plan has been submitted to the Board of County Commissioners of Weld County, Colorado (the County), together with the information required by Section 31-25-107(3.5) of the Law. Section 4. All of the Area is within the corporate limits of the Town. Construction of public improvements and provision of services to facilitate redevelopment of the Area in order to eliminate or preveril the spread of blight conditions will be the primary responsibility of the Town, the Authority, special districts and public entities other than the County, and private enterprise. The Board of Trustees finds that an agreement with Weld County is in place to finance any additional County infrastructure or services required to serve development within the Area for the period during which the tax allocation provisions authorized by Section 31-25-107(9)(a)(I) and (II) of the Act are in place and a portion of property taxes levied by the County are paid to the Firestone Urban Renewal Authority, and further finds that increases in County revenue resulting from the proportionate adjustment of the valuations for assessment under said Section 31-25-107(9)(a)(I) and (II) of the Act will also provide revenues to finance any such additional County infrastructure or services while such tax allocation provisions are in place. Section 5. The St. Vrain Valley School District RE-lJ has been permitted to participate in an advisory capacity with respect to the inclusion in the Plan of the tax allocation provisions authorized by Secticn 31-25-107(9) of the Law. Section 6. The Authority is authorized to acquire any interest in property by any manner available, including, without limitation, by exercise of the power of eminent domain, subject to and in compliance with the requirements of the Law, which are incorporated herein by reference, and any other applicable law, and subject further to the requirements and limitations of the Plan, Section 7. The Plan meets the requirements of the Law and the principal public purpose for adoption of the Plan is to facilitate redevelopment of the Area in order to eliminate or prevent the spread of a physically blighted area as defined in the Law. Section 8. To the extent that any relocation of individuals and families will be required in connection with the Plan, a feasible method exists for the relocation of individuals and families in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such individuals and families. Section 9. To the extent that any relocation of business concerns will be required in connecti:Jn with the Plan, a feasible method exists for the relocation of such business concerns in the 2 Area or in other areas that are not generally less desirable with respect to public utilities andpublic and conunercial facilities. Section 10. The Board ofTrusteeshas taken reasonable efforts to provide written notice of the public hearing prescribed by Section 31-25-107(3) of the Law to all property owners, residents, and owners of business concerns in the Area at their last known addresses at least thirty days prior to the public hearing on the Plan. Section 11. Section 3 l-25-107(4)(d) of the Law does not apply because no more than 120 days have passed since the commencement of the only public hearing on the Plan. Section 12. Section 31-25-107(4)(e) of the Law does not apply because the Board of Trustees did not fail to previously approve the Plan. Section 13. The Plan conforms with the Firestone Master Plan 2008, which is the general plan for the development of the Town as a whole and additionally for the Area. Section 14. The Plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the Area describedin the Plan by private enterprise. Section 15. To the extent that the Urban Renewal Area described in the Plan may constitute open land within the meaning of Section 31-25-107(5) of the Law, and to the extent such Section is otherwise applicable, it is found and determined that a shortage of housing of sound standards and design that is decent, safe, and sanitary exists in the Town; the need for housing acconunodations has been or will be increased as a result of the clearance of substandard and dilapidaed housing in the Town; the conditions of blight in the urban renewal area and the shortage of decent, safe, and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and, if necessary to carry out the Plan, the acquisition of the area for residential uses is an integral part of and essential to the program of the Town. Section 16. To the extent that the Urban Renewal Area described in the Plan may constitute open land within the meaning of Section 31-25-107(6) of the Law, and to the extent such Section is otherwise applicable, it is found and determined that the nonresidential uses under the Plan are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local conununityobjectives and, ifnecessaryto carry out the Plan, the contemplated acquisition of the area may require the exercise of governmental action, as provided in the Law, because of being a blighted area. Section 17. The Plan has been duly reviewed and considered and is hereby approved. The Authority is hereby authorized to take any and all actions pursuant to the Law to carry out the Plan. ~ . PASSED AND ADOPTED this.:<.8 day of {p,c,u~ , 2010. c? 3 cc!fk Chad Auer, eyor ATTEST: 4 CERTIFICATION I, Judy Hegwood, Town Clerk for the Town of Firestone, Colorado, do hereby certify that this is a true and exact copy of Resolution No. 10-04, A P.ESOLUTION MAKING LEGISLATIVE FINDINGS AND APPROVING THE URBAN RENEWAL PLAN FOR THE SOUTHERN FIRESTONE URBAN REIVEWAL AREA, adopted by the Board of Trustees on January 28, 2010. rJ . Dated this L day of February, 2010 ~tt~~ J He od =~:: Town of Firestone, CO '. ·• ,, .. . · fuJcctiDn. ' lO -Q(r ... - f\o-\-u~ ;Q ·- " I ' I ' . .. C I 0 ., ,, ' l " ~ ' • , I ,. RESOLUTION NO. JD....: 0 5 A RESOLUTION APPROVING A TAX INCREMENT EXPENDITURE AND REVENUE SHARING AGREEMENT BETWEEN WELD COUNTY, THE TOWN OF FIRESTONE, AND THE FIRESTONE URBAN RENEWAL AUTHORITY WHEREAS, the Town of Firestone ("Town") is a statutory town of the State of Colorado authorized to exercise its powers under and pursuant to the Colorado Constitution and state law; and WHEREAS, the Firestone Urban Renewal Authority ("FURA") is a public body corporate and politic authorized to transact business and exercise its powers as an urban renewal authority under arid pursuant to the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31, C.R.S. ("Act"); and \VHEREAS, the County of Weld ("County") is a home rule county authorized to exercise its powers under and pursuant to the Colorado Constitution and state law; and WHEREAS, pursuant to the Act, the Board of Trustees by Resolution adopted January 28, 201(• approved the Urban Renewal Plan for the Southern Firestone Urban Renewal Area (the Plan) to carry out the urban renewal project ("Urban Renewal Project") described in the Plan for the area described therein (''Urban Renewal Area"); and WHEREAS, the Act includes and the Plan contains a provision authorizing the financing of the Crban Renewal Project utilizing property tax increment financing as further provided in the Plan and as authorized by Section 31-25-107(9) of the Act; and WHEREAS, Section 31-25-107(11) of the Act permits and authorizes the Town, the County md FURA to enter into agreements for allocation of responsibility among the parties to the agreement for payment of the costs of any additional County infrastructure or services necessary to offset the impacts of an urban renewal project and for the sharing of revenues; and WHEREAS, pursuant to Section 31-25-I07(3.5) of the Act, the Town and FURA submitted an urban renewal impact report for the Plan to the County and the County submitted its response thereto, and an agreement has been proposed among the Town, the County and FURA to address issues raised in discussion of the urban renewal impact report; and 'NHEREAS, the Town desires to enter into such an agreement as authorized under Section 31-25-107(11) of the Act; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Tax Increment Expenditure and Revenue Sharing Agreement ("Agreement") among the Town, FURA, and the County, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved. Section 2. The Mayor and Town Clerk are hereby authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ, and ADOPTED this2 'J l/4, day of ;Q~ , 2010. TOWN OF FIRESTONE, COLORADO ik!~ Mayor ATTEST: fit~L~w=J! JHegwod own Clerk TAX INCREMENT EXPENDITURE AND REVENUE SHARING AGREEMENT THIS AGREEMENT is made and executed effective the 28th day of January, 2010, by and between the COUNTY OF WELD, COLORADO (hereinafter referred to as "Weld County" or "County"), the TOWN OF FIRESTONE, COLORADO (hereinafter referred to as "Firestone"), and the FIRESTONE URBAN RENEWAL AUTHORITY (hereinafter referred to as "FURA"). WITNESSETH: WHEREAS, by cover letter dated October 20, 2009, and pursuant to C.R.S. § 31-25- 107(3.5), Firestone provided Weld County with the proposed Urban Renewal Plan for the Southern Firestone Urban Renewal Area ("Plan"), with an associated Weld County Impact Report, all of which detail FURA's and Firestone's intended inclusion of the parcels described in the Plan for the purposes authorized in the Colorado Urban Renewal Law, C.R.S. § 31-25-101, et seq., including utilizing tax increment financing ("TIF Financing"), as contemplated by C.R.S. § 31-25-107(9)(a), for the purposes authorized by the Urban Renewal Law; and WHEREAS, TIF Financing provides that taxes, if any, levied after the effective date of the approval of the Plan upon taxable property in the area described in the Plan ("Urban Renewal Area") each year shall be divided for a period not to exceed twenty-five (25) years from the effective date of the Plan and that a portion of said property tax revenues (the "TIF Revenue") shall be allocated to and paid into a special fund of FURA to pay the principal of, interest on, and any premiums due in connection with bonds of, loans or advances to, or indebtedness incurred by FURA for financing an urban renewal project or to make payments pursuant to an agreement executed pursuant to C.R.S. § 31-25-107(11 ); and WHEREAS, Weld County, Firestone and FURA are authorized to enter into an agreement pursuant to C.R.S. § 31-25-107(11) for the payment of property tax revenue that results from the County levy on taxable property in the Urban Renewal Area, to be allocated pursuant to C.R.S. § 31-25-107(9)(a)(II) (the "County Tax Levy Allocation") for the payment of the costs of any additional county infrastructure or services necessary to offset the impacts of the urban renewal project (the "Urban Renewal Project") described in the Plan, as it may be amended, and revenue sharing, and WHEREAS, Weld County, Firestone and FURA desire to enter into this Agreement for the purposes set forth in C.R.S. § 31-25-107(11), and · WHEREAS, in consideration of the parties entering into this Agreement, Weld County waives any right it has to file an objection and ask for arbitration, pursuant to C.R.S. § 31-25- 107(12). NOW THEREFORE, in consideration of the covenants, promises and agreements of each of the parties hereto, to be kept and performed by each of them, it is agreed by and between the parties hereto as follows: I. Sharing of County Levy Allocation: Weld County, Firestone and FURA hereby agree to share the County Tax Levy Allocation as follows: a. FURA shall calculate and pay to Weld County fifty per cent (50%) of the revenue produced by the County Tax Levy Allocation each year as revenue sharing authorized under C.R.S. § 31-25-107(11 ). Such revenues to be paid to the County shall be placed in a separate FURA account created for such purpose. Commencing on the date of this Agreement and for a period of twenty-five (25) years from the effective date of the Plan, FURA shall pay to the County on or before the 15 th day of each month all revenues received into such account through the preceding month. b. The remaining fifty per cent ( 50%) of the revenue produced by the County Tax Levy Allocation each year may be used by FURA for payment of any amounts authorized by the Urban Renewal Plan and Urban Renewal Law, including without limitation payment of documented and certified costs incurred and paid by FURA for "Eligible Public Improvements" within the Urban Renewal Area. "Eligible . Public l!Lprovements" shall include and be limited to public improvements described in the Phn. 2. Plan Approval. The County agrees that the County as an entity will not formally or legally object to the adoption of the Plan. 3. Notification of Intended Amendments to the Plan. Firestone and FURA agree to notify Weld County of any intended amendments to the Plan at least ninety (90) days prior to the public he.:1ring by Firestone to consider such amendment. 4. Use of County Tax Levy Allocation. _ The County agrees to use TIF Revenues received pursuant to this Agreement in accordance with the requirements of C.R.S. § 31-25- 107(1) tc address the impacts of the Plan on Weld County revenues and on infrastructure and services necessary to serve the Urban Renewal Area. 5. Agreement Confined to County Tax Levy Allocation Revenue. This Agreement applies only to the County Tax Levy Allocation revenues, as calculated, produced, collected and allocated to FURA within the Urban Renewal Area in accordance with C.R.S. § 31-25- 107(9)(a:1(II) and the mies and regulations of the Property Tax Administrator of the State of Colorado, and does not include any other revenues of Firestone or FURA. Firestone and Weld County agree that revenue from the County Tax Levy Allocation collected and paid to the County under this Agreement are collections for Weld County within the meaning of Colorado Constitution Article X, Section 20(2)( e ). 6. Subordination Consent Required. With the prior written consent of the County, as evidenced by a resolution approved by the Board of County Commissioners, the obligation of FURA to pay revenues from the County Tax Levy Allocation to the County may be made subordir.ate to any payment of the principal of, the interest on, and any premiums due in connection with bonds of, loans or advances to, or indebtedness incurred by FURA for financing or refinancing, in whole or in part, the Urban Renewal Project specified in the Plan. 2 7. Delays. Any delays in or failure of performance by any party of its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, acts of public enemy, acts of the Federal or state government, acts of any other party, acts of third parties, litigation concerning the validity of this Agreement or relating to transactions contemplated hereby, fire, floods, strikes, labor disputes, accidents, regulations or order of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such party. Notwithstanding the foregoing, where any of the above events shall occur which temporarily interrupt the ability of FURA to transfer or pay County Tax Levy Allocation revenues as provided in Section 1, as soon as the event causing such interruption shall no longer prevail, FURA shall transfer and pay the total amount of the County Tax Levy Allocation revenue that has been received by FURA that is then owing to date, as determined according to the provisions of Section 1 to this Agreement. 8. Termination and Subsequent Legislation. In the event of termination of the Plan, including its TIF Financing component, FURA and Firestone may terminate this Agreement by delivering written notice to the County. The parties further agree that in the event legislation is adopted after the effective date of this Agreement that invalidates or materially effects any provisions hereof, the parties will in good faith negotiate for an amendment to this Agreement that most fully implements the original intent, purpose and provisions of this Agreement. 9. Entire Agreement. This instrument embodies the entire agreement of the parties with respect to the subject matter hereof. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. No modification to this Agreement shall be valid unless agreed to in writing by the parties hereto. I 0. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their successors in interest. I I. No Third-Party Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 12. No Waiver of Immunities. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this agreement. 13. Severability. If any term or condition of this agreement shall be held to be invalid, illegal or unenforceable, this Agreement shall be construed and enforced without such a provision, to the extent this agreement is then capable of execution within the original intent of 3 the parties. 14. Severability. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Further, in the event of any such holding of invalidity, illegality or unenforceability ( as to any or all parties hereto), the parties agree to take such action( s) as may be necessary to achieve to the greatest degree possible the intent of the affected provision of this Agreement. 15. No Assignment. No party may assign any of its rights or obligations under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials to execute this Agreement effective as of the day and year first above written. ATTEST: Clerk to the Board " ' . ~.: / .. ·•' ,.,···. TEST: -\'I . .... ·· •"i'ri1~>-. ,,. .. A!~rffST: · C' B tary COUNTY: WELD, a political Weld County division of the STATE OF COLORADO: Dougla r, Chairman Board of County Commissioners, County of Weld JAN 2 7 2010 TOWN: TOWN OF FIRESTONE, a municipal corporation of the STATE OF COLORADO By:~C_/_j_;J __ _ Chad Auer, Mayor FURA: FIRESTONE URBAN RENEWAL AUTHORITY Chad Auer, Chairperson 4 RESOLUTION NO. lQ__-Q 7 A RESOLUTION APPROVING AN AGREEMENT FOR ANIMAL .IMPOUNDMENT SERVICES WITH THE LONGMONT HUMANE SOCIETY, INC. WHEREAS, the Board of Trustees desires to provide by contract for the shelter of stray and abandoned animals withinthe Town, as well as animals impounded by the officers of the Firestone Police Department; and WHEREAS, the Longmont Humane Society is willing and able to furnish such services to the TowL in accordance \>iith the terms and at the cost set forth in the agreement attached hereto; and WHEREAS, the Board of Trustees has reviewed such agreement and finds its terms acceptable. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Agreement for Animal Impound Services with Longmont Humane Society, Inc. ("Agreement") by and between the Town of Firestone and the Longmont Humane Society, Inc. is hereby approved .in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2. The Mayor is hereby authorized to execute the Agreement, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection ofthe Town, so long as the essential te1ms and conditions of the Agreement are .not altered. INTRODUCED, READ, and ADOPTED thisd f day of ~n U.a t y , 201 O. TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor ATTEST: 12n,-w S.Jl A.\ftm3cJ S \Fircstorn:\Re$il.u~gmonl :1umanc Soc 20JO.rl$ ... ·--· .· I . AGREEMENT FOR ANIMAL SERVICES WITH LONGMONT HUMANE SOCIETY, INC. ( THIS AGREEMENT FOR ANIMAk SERVICES W1TH LONGMOJ\'T HUMANE SOCIETY is made and entered into 1his ~day ofJ'Onuo,y, 2010 by and between the Town of Firestone, Colorado, a municipal corporation (Town), and the Longmont Humane Society, Inc. (Society). WHEREAS, the Society has established and is maintaining a shelter and irnpoundment facility where animals which have been impounded pursuant to Town ordinances are cared for or disposed of pursuant to said ordinances; and WHEREAS, the Town believes that the Society is an appropriate designated animal shelter and interested in the humane care and treatment of animals; and WHEREAS, the Society is willing to furnish these services on behalf of the Town and the Town, may provide by contract for such services. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereafter set forth, the pai1ies thereto agree as follow: 1. TERMS OF AGREEMENT. The term of this Agreement shall commence on the Effective Date, and continue until 11 :59 p.m. on December 31, 2010; thereafter, the Agreement shall be automatically eKtended or renewed without further Town Board approval for the next and each succeeding calendar year, unless terminated by either 1he Town or the Society. Not withstanding the forgoing, either party may unilaterally terminate this Agreement at any time and for any reason, upon 60 days' not.ice delivered to the other pmy. The parties may mutually agree to the termination of this Agreement at any time and upon any mutually agreeable date. By this Agreement, the parties mutually agree to the termination of all other prior agreements for the same purpose and subject matter between the Pmies, such termination being effective upon the Effective Date of this Agreement 2. BREACH; NOTICE REQUIREMENTS. In the event of a party's failure to peiform the duties set forth in this contract, the non-breaching party may terminate this Agreement upon \\1itten notice to the other. Written notice of the intent to tenninate shall be promptly delivered to the oilier party and such notice shall specifically identity the causes for termination. Upon receipt of such notice, the breaching party has the opportunity to remedy any conditions of non-compliaiice or 11011-performance within 60 days of the date of the notice. However, if the conditions are not remedied, or the the breaching party continues to fail to perform after the 60- ,day period, 1his Agreement shall be conclusively terminated and shall be of no further effect. All notices shall be delivered to each pmy at the follo"'ing addresses: Town of I'irestone 151 Grant Ave P.O. Box 100 Firesto11e, CO 80520 2 Town of Firestone-Agreement with Longmont Humane Society Longmont Humane Society 9595 Nelson Road Longmont, CO 80501 If the notice is hand delivered or personally delivered, it shall be effective immediately upon such delivery or service. If sent by mail, it shall be sent certified; postage prepaid with return receipt requested and shall be effective upon mailing. 3. DUTIES OF THE SOCIETY. The Society agrees to furnish and provide the following: ,. All physical plant facilities and equipment necessary for the efficient, humane, and effective operation of an animal shelter in compliance with all City of Longmont ordinances an:! laws of the State of Colorado thereto applicable; b. Competcr.L veterinary medical care for all animals i.rnpounded at its facility through the availability of. the professional services of a doctor of veterinary medicine licensed to so practice in the State of Colorado; and -· All medical supplies, professional instruments, and equipment necessary for the efficient and effective operntion of an animal shelter, along with such facilities as may be required for the disposal of dead animals consistent with public health and safety. 4. OPERATION AND MANAGEMENT OF SHELTER. In operating and managing the animal shelter, the Society, shall: a Conduct the operations of said animal shelter within and upon the premises generally described as the Longmont Humane Society Animal Shelter, Long1:10nt, Colorado; b. Maint,in at all times such facilities of the Society in a clean and sanitary condition; c. Accept from Town officials or private citizens for impoundment, dogs, cats and other animals no larger than the largest species of dog found in the Town and to also accept such dead animals from any authorized representative of the Town. The Town, however, shall be responsible for obtaining veterinary services for any animal injured prior to submittal of such _animal by the Town for impoundment to the Society as may be required, such initial treatment to be at the sole expense of the Town. d. Establish, keep and maintain a daily register of all animals placed by the Town into and released from the animal shelter; provide whatever form(s) deemed necessary by the Society for recording information on all impounded animals; e. Not release or otherwise dispose of any living domestic animal placed by the Town with the Society, until all fees prescribed and applicable state laws have been satisfied; f. Each mimal impounded and placed with the Humane Society pursuant to this Agreement may be reclaimed by the owner during the irnpoundment period 3 Tmm of Firestone-f\greemcnl with Longmont Humane Society ! ll upon verification of ovl'nership. In the case of dogs, the owner must first show proof of currenl, valid rabies vaccination as required under Firestone code 6.04.0 IO License required and 6.04.040 Animals to be vaccinated, or in the alternative, must purchase a Rabies Voucher to be used to obtain a current vaccination. g. Provide monthly, to the Tovm Police Department, a record of all animals submitted by the Town or town residents for impound.men! or disposal, that specifies the disposition of each animal identifying animals reclaimed versus unclaimed, adopted or disposed of, and any fees collected for such, on or before the second Tuesday of each succeeding month during the terms hereof, beginning in January, 2010. 5. DUTIES OF THE TOWN OF FIRESTONE. The Society shall be entitled to collect, from the ov.~1er or keeper of the anin1al, all reasonable and necessary costs associated with providing emergency treatment of an impounded animal. 6. FEES. The Tov,m agrees to pay the Longmont Humane Society $125 per animal for an average of a 5 day hold, and $50 for each dead-on-arrival animal for animals found in the Tc\l.~ and brought to the Humane Society by either Town officials or private citizens. Following approval of this contract by the Town of Firestone, For animals that are ·urought in for quarantine longer than 5 days, each additional day will be charged at $20.00 p/day. The Town agrees to pay the Longmont Humane Society for the foregoing fees if LHS is not able to collect from the owner. 7. LIABILITY. Each party assumes responsibility for the negligent actions and/or omissions of its agents and its employees in the performance or failure of work under this agreement and further, each party, to the extent authorized by law and the Tovm's Municipal Code, agrees to hold hannless the other for such liability. By agreeing to this provision, the Town does not waive or intend to waive the limitations on liability which arc provided to the Town under the Colorado Governmental lmmllllity Act, C.R.S. 24-10-101 et.seq. 8. STATUS OF PARTIES. The Society shall perfonn all services under this contract as an independent contractor and a separate entity and not as an agent or employee of the Town. The Society shall not be supervised by any employee or official of the Town. The Society shall not represent that the Society is an employee or an agent of the Town in any capacity. The Society's employees and volunteers are not entitled to worker's compensation benefits from the Town and may be obligated to pay federal and State income tax on money earned pursuant to this contract. 9. COMPLIANCE .WITH THE LAW. lt is hereby acknowledged and agreed to by the parties that strict and timely compliance v.cith the applicable laws of the State of Colorado shall be the essence of the Agreement. Failure of either of the parties to so comply shall be sufficient cause for the other to terminate tl1is Agreement. 10. AMENDMENT TO AGREEMENT. This Agreement may not be amended witllout 4 Town of Firestone-Agreement \•tith Longmont Humane Sociely the written consent of the parties. No breach of any provision of this contract by a party shall be held or construed to be a continuing waiver by the other of any subsequent breach thereof. 11. THIRD PARTY BENEFICIARIES OR ASSIGNMENT. Nothing in this contract is intended to create for, or confer upon, any third party any rights or benefits. Neither party may, without the written consent of the other, assign or delegate any of its rights or duties hereunder to any third pa1ty. 12. PAYMENTS SUBJECT TO APPROPRIATION. The Town's financial obligations under this Agreement in foture fiscal years are subject to annual appropriation in accordance with Colorado law. 13. PROH!BfTION AGAINST EMPLOYING ILLEGAL ALIENS. The Society shall not knowingly employ or contract with an illegal alien to perform work under this contr3ct. The Society shall not enter into a contract with a subccntractor that fails to certify to the Society that the subcontractor shall not knowingly employ or contract with an illegal alien to perfom1 work under this contract. The Society will participate in either the E-verify program or the Department program. as defined in C.R.S. § § 8-17.5°101(3.3) and 8°17.5-101(3.7), respectively, in order to confinn the employment eligibility of all employees who are newly hired for employment to perform work under the Agreement. The Society is prohibited from usi1,g the E-verify program or the Department program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. If the Society obtains actual knowledge that a subcontractor performing work under this Agreement knov,ingly employs or contracts with an illegal alien, Society shall: a. Notify the subcontractor and the Town within three days that the Society has actual knowledge that 1he subcontractor is employing or contracting with an illegal alien; and b. Tenninate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to th.is paragraph the subcontractor does not stop employing or contracting ·with the illegal alien; except that the Society shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. The Society shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. § 8-17 .5-102(5). If the Society violates a provision of this Agreement required pursuant to C.R.S. § 8- 17.5-102, Town may terminate the Agreement for breach of contract. If the Agreement is so terminated, the Society shall be liable for actual and consequential damages to the Town. 5 Town of Firestone-Agreement with Longmont Humane Society I \ 01/21/2009 16:59 STATE OF Colorado) )ss. COUNTY OF WELD (FAX) P.002/002 LONGMONT HUMANE SOCIETY, INC. /f;1~t By. ___________ _ Executive Director The foregoing instrument was acknowledged before me this 1-J day of ~~ , 2010 by /II'~ II---rl!...tN -r as Executive Director of the Longmont Humane ociety Board of Dirc:ctors. Witness my hand and official seal. My commission expires ____ _ Notary Public 6 Town ofFi~es-.. one~Agreement with Longmontrlumane Society ) RESOLUTIONNO. I0-08 A RESOLUTION ADOPTING THE NORTHEAST COLORADO REGIONAL HAZARD MITIGATION PLAN WHEREAS, the Town of Firestone recognized the threat that natural hazards pose to people and property within the community; and WHEREAS, undertaking hazard mitigation actions will reduce the potential for harm to people and property from foture hazard occurrences; and WHEREAS, an adopted Hazard Mitigation Plan is required as a condition of future funding for mitigation projects under multiple Federal Emergency Management Agency pre-and post-disaster mitigation programs; and WHEREAS, the Town of Firestone is located within the I I-county NCEM Planning Area, and fully participated in the NCEM mitigation planning process to prepare the Northeast Colorado Regional Hazard Mitigation Plan; and WHEREAS, the Colorado Division of Emergency Management and Federal Emergency Management Agency, Region VIII officials have reviewed the NCEM Northeast Colorado Regional Hazard Mitigation Plan and approved it contingent upon official adoption of the participating governments and entities; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town of Firestone hereby approves and adopts the Northeast Colorado Regional Hazard Mitigation Plan as an official mitigation plan of the Town; and Section 2. The NCEM will an is hereby authorized, on behalf of the Town of Firestone, to submit this Adoption Resolution to the Colorado Division of Emergency Management and Federal Emergency Management Agency, Region VIII officials to enable the Northeast Colorado Regional Hazard Mitigation Plan's final approval. INTRODUCED, READ, and ADOPTED this I I th day of February, 2010. TOWN OF FIRE TONE, COLORADO (/J Chad Auer A;SSS:~~ yor ,•· ToWN°0 '• l S.EJU, ···.....• . ... · RESOLUTION NO. IO -09 A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE HEINTZELMAN PIT ANNEXATION NOS. 1, 2, AND 3 TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION WHEREAS, a petition for annexation of property described in Exhibit A attached hereto has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: I. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including without limitation: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone; in accordance with Section 31-12-104(1)(a), C.R.S., contiguity may be established by the annexation of two or more parcels in a series. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. 1 f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. 1. 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 154.310 acres, more or less. k. The Master Plan adopted by the Board of Trustees of the Town of Firestone shall serve as the plan for the area proposed to be annexed, in accordance with Section 31-12-105(1)(e), C.R.S. I. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of each of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January I next ensumg. 5. No election for annexation of the area proposed to be annexed has been held in 2 the preceding twelve months, and no election is required under Sections 31-12- 107(2) or -112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of Sections 31-12- 107(1 )(g), -110(2) or 112, C.R.S. 7. The landowners of one hundred percent (100%) of the area proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and Section 31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. INTRODUCED, READ, and ADOPTED this 28th day of January, 2010. Mayor ATTEST: . L9'~"' ,..-...-'row~t··-.,, : . f,.:.~./1,L ····• ................ •······· T 3 EXHIBIT A -LEGAL DESCRIPTION HEINTZELMAN PIT ANNEXATION NOS. 1, 2, AND 3 DESCRIPTION OF HEINTZELMAN ANNEXATION NO. 1 TO THE TOWN OF FIRESTONE A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1209-32-1-RE524, RECORDED DECEMBER 15, 1981 IN BOOK 955 AS RECEPTION NO. 1877097, BEING A PART OF THE EAST 1/2 OF THE EAST 1/2 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO THE BOULDER AND WELD RESERVOIR COMPANY BY DEED RECORDED JUNE 2, 1904 IN BOOK218AT PAGE 29, COUNTY OF WELD, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE EAST 1/2 OF SAID SECTION 32 TO BEAR NORTH 89°41'37" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF THE EAST 1/2 OF SAID SECTION 32; THENCE NORTH 00°24'19" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 89°41'37 WEST, COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 1285.44 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE NORTH 00°43'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 1595.43 FEET TO THE SOUTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK218, AT PAGE 29; THENCE COINCIDENT WITH THE SOUTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 218 AT PAGE 29 THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) NORTH 74°49'43" EAST, A DISTANCE OF 1261.88 FEET; 2) NORTH 55°11'43" EAST, A DISTANCE OF 67.11 FEET; 3) NORTH 26°24'53" EAST, A DISTANCE OF 41.59 FEET TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32; THENCE SOUTH 00°24'19" EAST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 2008.03 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 52.57 ACRES OR 2,289,949 SQUARE FEET, MORE OR LESS. DESCRIPTION OF HEINTZELMAN PIT ANNEXATION NO. 2 TO THE TOWN OF FIRESTONE A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1209-32-1-RE524, RECORDED DECEMBER 15, 1981 IN BOOK 955 AS RECEPTION NO. 1877097, BEING A PART OF THE EAST 1/2 OF THE EAST 1/2 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO THE BOULDER AND WELD RESERVOIR COMPANY BY DEED RECORDED JUNE 2, 1904 IN BOOK 218 AT PAGE 29, COUNTY OF WELD, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE EAST 1/2 OF SAID SECTION 32 TO BEAR NORTH89°41'37" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; 4 COMMENCING AT THE SOUTHEAST CORNER OF THE EAST 1/2 OF SAID SECTION 32; THENCE NORTH 00'24'19" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE NORTH 89'41'37 WEST, COINCIDENT WITH THE NORTH RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 1285.44 FEET TO THE EAST RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 17 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00'43'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 1647.06 FEET TO THE NORTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 218 AT PAGE 29; THENCE COINCIDENT WITH THE NORTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 218 AT PAGE 29 THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) NORTH 74'49'43" EAST, A DISTANCE OF 1240.35 FEET; 2) NORTH 55'11'43" EAST, A DISTANCE OF 45.63 FEET; 3) NORTH 26'24'53" EAST, A DISTANCE OF 127.66 FEET TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32; THENCE NORTH 00'24'19" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 481.85 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 32; THENCE NORTH 00'35'14" WEST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 1689.88 FEET; THENCE SOUTH 26'01'17" WEST, A DISTANCE OF 2897.32 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE SOUTH 89'16'17" WEST, A DISTANCE OF 60.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE SOUTH 00'43'43" EAST, COINCIDENT WITH THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 1678.98 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE SOUTH 89'41'37" EAST, COINCIDENT WITH THE NORTH RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 60.01 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 36.75 ACRES, OR 1,600,830 SQUARE FEET, MORE OR LESS. DESCRIPTION OF HEINTZELMAN PIT ANNEXATION NO. 3 TO THE TOWN OF FIRESTONE A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1209-32-1-RE524, RECORDED DECEMBER 15, 1981 IN BOOK 955 AS RECEPTION NO. 1877097, BEING A PART OF THE EAST 1/2 OF THE EAST 1/2 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO THE BOULDER AND WELD RESERVOIR COMPANY BY DEED RECORDED JUNE 2, 1904 IN BOOK 218 AT PAGE 29, COUNTY OF WELD, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE EAST 1/2 OF SAID SECTION 32 TO BEAR NORTH 89'41'37" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE NORTHEAST CORNER OF THE EAST 1/2 OF SAID SECTION 32; THENCE SOUTH 00'35'14" EAST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00'35'14" EAST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 936.91 FEET; THENCE SOUTH 26'01'17" WEST, A DISTANCE OF 2897.32 FEET TO THE EAST RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 17; THENCE NORTH 00'43'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 2511.59 FEET TO THE SOUTH LINE OF LOT A OF SAID RE-524; THENCE NORTH 89'16'17" EAST, COINCIDENT WITH THE SOUTH LINE OF LOT A OF SAID RE-524, A DISTANCE OF 220.00 FEET TO THE SOUTHEAST 5 CORNER OF LOT A OF SAID RE-524; THENCE NORTH 00°43'43" WEST, COINCIDENT WITH THE EAST LINE OF LOT A OF SAID RE-524 AND PARALLE WITH THE WEST LINE OF THE EAST 1/2 OF THE EAST½ OF SAID SECTION 32, A DISTANCE OF 413.15 FEET TO THE NORTHEAST CORNER OF LOT A OF SAID RE-524; THENCE SOUTH 89°16'17" WEST, COINCIDENT WITH THE NORTH LINE OF LOT A OF SAID RE-524, A DISTANCE OF 220.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE NORTH 00'43'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 617.61 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28; THENCE SOUTH 89'55'50" EAST, COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28, A DISTANCE OF 1306.52 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 64.99 ACRES OR 2,830,964 SQUARE FEET, MORE OR LESS. 6