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HomeMy WebLinkAboutJAN 25, 2017-2021• ORDINANCE NO.989 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORAD61ZONING CERTAIN LAND, FULLY DESCRIBED HEREIN, TO TOWN OF FIRESTONE RC --- REGIONAL COMMERCIAL ZONING DISTRICT; AND APPROVING AN APPLICATION TO AMEND THE TURNER COMMONS OUTLINE DEVELOPMENT PLAN WHEREAS, Quicktrip Corporation (the "Applicant"), who is the fee owner of certain real property described as Lot 2, Amended Recorded Exemption No. 1313-03-04-AmRE-626 (the "Property"), which is approximately 0.69 acres in size, has submitted an application for the initial zoning of the Property, and to amend the existing Turner Commons Outline Development Plan (the "ODP Amendment"), to add the Property to the original boundaries of the Turner Commons ODP (the "Application"); and WHEREAS, the ODP Amendment would modify the existing Turner Commons ODP to include the Property to the existing boundaries of the Turner Commons ODP. However, the ODP Amendment would not change the zoning, height, bulk, landscaping architectural or other land use or development standards of the Turner Commons ODP as it relates to other property for other allowable uses or other use areas throughout the Turner Commons ODP, as originally approved and contained in the Turner Commons Outline Development Plan; and WHEREAS, on January 13, 2021, the Board of Trustees conducted a public hearing on the Application; and WHEREAS, after considering the testimony, evidence and argument presented at the Board of Trustees public hearing, the Board of Trustees hinds and determines that the Application is complete, that the Applicant has met the applicable requirements and standards set forth in Section 16.7.4 of the Firestone Development Code, including Step 9 of Section 16.7.4. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLOR -ADO: Section 1. The land described as Lot 2, Amended Recorded Exemption No. 1313-03-04- AmRE-626, which consists of approximately 0.69 acres, more or less, shall be zoned Town of Firestone RC (Regional Commercial) Zoning District. Section 2. The Turner Commons Outline Development Plan Amendment No. 1, attached hereto as Exhibit A, is hereby approved. As it relates to the Property, the Turner Commons Outline Development Plan Amendment No. 1 hereby extends the boundaries of the Turner Commons ODP area to include the Property and, to that extent, modifies and amends the approved Turner Commons Outline Development Plan. Except as explicitly provided in the ODP Amendment, the existing height, bulk, landscaping, architectural, or any other standards as it relates to the Property, along with the zoning or other land use standards for other use areas throughout the Turner Commons ODP, as originally • approved and contained in the Turner Commons Outline Development Plan, remain in place and shall remain in full force and effect. In the event of any conflict between Turner Commons Outline Development Plan and the Turner Commons Outline Development Plan Amendment No. 1, the Turner Commons Outline Development Plan Amendment No. 1 shall prevail. • Section 3. The Board of Trustees certifies a change in the Zoning Map zoning the property described herein to Town of Firestone RC (Regional Commercial) Zoning District. Section 4. The Board of Trustees directs that a certified copy of this Ordinance be filed with the Town Clerk and further, that the Town Clerk index, file and make the Ordinance available to the public. Section 5. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision will not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED BY TITLE thi4W day of Y , 2021. 5 ATTEST: William P. Hayashi, T 0 Attorney WN OF FIRESTONE, COLORADO 2 • EXHIBIT A (ORDINANCE NO. 989) • • legal description of parcel to be annexed and zoned LOT 2, AMENDED RECORDED EXEMPTION NO. 1313-03-04-AMRE-626, ACCORDING TO THE PLAT THEREOF RECORDED 12/17/2009 AT RECEPTION NO. 3665637, WELD COUNTY, COLORADO 3 . ORDINANCE NO.988 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO ANNEXING THE PROPERTY KNOWN AS TURNER COMMONS ANNEXATION NO.2 TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, the Board of Trustees previously adopted Resolution 20-111, finding substantial compliance and initiating annexation proceedings for the Turner Commons Annexation No. 2, as described therein and as described below; and WHEREAS, the Board of Trustees previously adopted Resolution 21-07, setting forth findings of fact and determinations regarding the eligibility of Turner Commons Annexation No. 2 for annexation; and WHEREAS, the Board of Trustees has determined that it is in the best interests of the Town of Firestone to annex the property to be known as Turner Commons Annexation No. 2 (the "Property") to the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. The Board of Trustees hereby incorporates the findings of Resolution 20-111 and Resolution 21-07; the Board of Trustees further finds that the annexation of the Property is in compliance with the Municipal Annexation Act of 1965 and that it is in the best interests of the Town to annex the Property to the Town. Section 3. The Property, as more particularly described in Exhibit A attached hereto, is hereby annexed to the Town and made a part of the Town, in series and in the sequence as set forth in Exhibit A, to be known as the Turner Commons Annexation No. 2, which annexation shall become effective upon completion of the conditions contained in C.R.S. § 31-12-113, including, without limitation, all required filings for recording with the Weld County Clerk and Recorder. Section 4. That in annexing the Property to the Town, the Town does not assume any obligation regarding the construction of water mains, sewer lines, gas mains, electrical service lines, streets or any other service or utilities in connection with the Property hereby annexed, except as may be provided by ordinances of the Town. • • 0 �J INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED BY TITLE thisik day of , 2021, TOWN OF FIRESTONE, COLORADO B,Abi Sind , Mayor PA • • • EXHIBIT A (ORDINANCE NO.988) legal description of parcel to be annexed LOT 2, AMENDED RECORDED EXEMPTION NO. 1313-03-04-AMRE-626, ACCORDING TO THE PLAT THEREOF RECORDED 12/17/2009 AT RECEPTION NO. 3665637, WELD COUNTY, COLORADO 91 ORDINANCE NO.987 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, REPEALING IN ITS ENTIRETY ORDINANCE NO. 721 REGARDING THE FIRELIGHT PARK DEVELOPMENT AGREEMENT PERTAINING TO VESTED PROPERTY RIGHTS AGREEMENT WHEREAS, on March 27, 2008, the Board of Trustees ("Board") of the Town of Firestone, ("Town"), by Ordinance No. 676, approved a zoning request submitted by Fairview Estates LLC ("Developer") regarding certain real property annexed into the Town and known as the Firelight Park Annexation and an Outline Development Plan ("ODP") for such property; and WHEREAS, on July 23, 2009, the Board approved, by Ordinance No. 721, a Development Agreement Pertaining to Vested Property Rights ("Vesting Agreement") between the Town and Developer of the Firelight Park Annexation ("Project"); and WHEREAS, the Vesting Agreement granted the Project a vested'property right in the land uses set forth in the Firestone Development Regulations for the PUD-RC and PUD R-C zone district, designating such land uses as a "site development plan" as that term is used in, and for purposes of, C.R.S. § 24-68-101 et seq., the Vested Rights Statute, for a period of ten (10) years from the "Effective Date" of the Vesting Agreement; WHEREAS in accordance with the Vesting Agreement reement the "Effective Date" is the date of the recordation of the Vesting Agreement; and WHEREAS, the Vesting Agreement also set forth a condition precedent to extend the initial ten (10) year vesting period for an additional ten (10) years, which if not met would result in the forfeiture of vested property rights for the Project and, upon such forfeiture, the Vesting Agreement in turn would terminate; and WHEREAS, the Vesting Agreement set forth the condition precedent to extending the vesting period specifically as follows: if the Town has granted "conditional acceptance" of the Public Improvements required in connection with the Town's approval of the first final development plan for any portion of the Property and necessary to support development of such portion of the Property and issuance of a certificate of occupancy for the aggregate with any previously issued certificates of occupancy, the 15'0001h building square foot of retail sales generating space within the Property; and WHEREAS, the Weld County Clerk and Recorders Office records show the date of recording of the of the Vesting Agreement, as November 1, 2010; and WHEREAS, because the Town has not granted conditional acceptance of any public improvements related to the Project, nor has it issued any certificate of occupancy for any retail • sales generating space within the Property, as of November 1, 2020, the condition precedent that must be satisfied to extend the initial 10 year vesting period cannot be met and, thus, the vesting period established under the Vesting Agreement has expired; and 1 • • 0 WHEREAS, because the vesting period established under the Vesting Agreement has expired, the Vesting Agreement by its very terms has expired; and WHEREAS, the Board therefore desires to repeal in its entirety Ordinance No. 721, which approved the Vesting Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Ordinance No. 721 is hereby repealed in its entirety, thereby terminating the Vesting Agreement between the Town of Firestone and Fairview Estates LLC. Section 2. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. Violations of this ordinance shall be punishable in accordance with Section 1.16.010 of the Firestone Municipal Code of the Town of Firestone. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED BY TITLE thisi ` day of , 2019. �SSONE TOWN OF :U Q bbi Sin ATTEST:' 91 ROVED AS TO 'TONE,COLORADO , Mayor . ORDINANCE NO.986 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, OF THE TOWN OF FIRESTONE, COLORADO, REPEALING IN ITS ENTIRETY SECTION 3.08.190 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE TURNER COMMONS ANNEXATION IMPROVEMENTS REIMBURSEMENT AGREEMENT WHEREAS, on September 24, 2009, the Board of Trustees (`Board") of the Town of Firestone, ("Town") by Ordinance No. 723, enacted Section 3.08.190, "Tax Credit on Firelight Park Annexation," of the Firestone Municipal Code to implement the provisions of the Improvements Reimbursement Agreement (Firelight Park Annexation) between the Town and Fairview Estates, LLC ("Developer") which was approved by Ordinance 720, adopted by the Board on July 23, 2009; and WHEREAS, upon finding the Improvements Reimbursement Agreement for Firelight Park Annexation ("IRA") automatically terminated and, thus, declaring the IRA null and void, the Board by Ordinance 985, adopted on December 9, 2020 repealed Ordinance 720, further signifying the IRA is no longer deemed to be in effect; and WHEREAS, because the IRA is void and of no further effect, the Board finds and determines the Town has no further obligation to extend or continue the Sales/Use Tax Credit provisions for Firelight Park Annexation, as codified in Section 3.08.190; and WHEREAS, the Board therefore desires to repeal in its entirety Section 3.08.190, "Tax Credit on Firelight Park Annexation," of the Firestone Municipal Code, which was to implement the now - terminated IRA. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 3.08.190, Tax Credit on Firelight Park Annexation, of the Firestone Municipal Code is hereby repealed in its entirety. Section 2. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. Violations of this ordinance shall be punishable in accordance with Section 1,16,010 of the Firestone Municipal Code of the Town of Firestone. • Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. 1 INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL thisq-" day of h�iii�bW, 2020. TOWN OF FIRESTONE, COLORADO 100E (.QC bbi Sin ar, Mayor ATTEST: : 10 Y0 CoUN r s ca Koenig, Ta erk APPROVED'AS tO mrj [�kAM-1q�'L..r.:.����:Jrt 11 0 • ORDINANCE NO.985 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, REPEALING IN ITS ENTIRETY ORDINANCE 720, AND THEREBY ACKNOWLEDGING TERMINATION OF THE IMPROVEMENTS REIMBURSEMENT AGREEMENT (FIRELIGHT PARK ANNEXATION) BETWEEN THE TOWN OF FIRESTONE AND FAIRVIEW ESTATES, LLC WHEREAS, by Ordinance 720, adopted on July 23, 2009, the Board of Trustees of the Town of Firestone, Colorado, ("Board") approved an Improvement Reimbursement Agreement ("IRA") between the Town of Firestone ("Town") and Fairview Estates, LLC ("Owner"), (collectively, the "Parties"), recorded on November 1, 2010 in the Weld County Clerk and Recorder's Office at Reception No. 3729072, concerning the Firelight Park Annexation ("Project"); and ' WHEREAS, in conjunction with adoption of Ordinance 720 on July 23, 2009, the Board, by Ordinance 723, enacted Section 3.08.190 of the Firestone Municipal Code which implemented the Parties' IRA; and WHEREAS, in accordance with the IRA, the Credit PIF period starts the date on which the Project first generates sales or use tax and ends on the earlier of: (a) disbursement of Credit • PIF Revenues equal to $6,000,000.00; or (b) the 201h anniversary of the Credit PIF Release Date (defined as the date the Town issues a certificate of occupancy for the 12,500th s.£ of retail sale generating space within the Project); and WHEREAS, in accordance with the IRA, the IRA automatically terminates in the event the Credit PIF Release Date does not occur within ten years of the date of recording of the IRA; and WHEREAS, the IRA was recorded on November 1, 2010 and, as a result, the IRA automatically terminates if the Credit PIF Release Date does occur on or before November 1, 2020; and WHEREAS, Owner has not yet commenced any work on the Project as of November 1, 2020; and WHEREAS, the Board finds and determines that, due to the failure of Owner to commence any work on the Project, the Credit PIF Release Date can never occur on or before November 1, 2020 as provided in the IRA, in which case the IRA for the Project has automatically terminated; and WHEREAS, because the IRA has automatically terminated, the Board declares the IRA is null and void; and • WHEREAS, as the IRA is null and void, the Tow therefore desires to repeal Ordinance 720. 1 • 0 0 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Ordinance 720 adopted by the Board of Trustees of the Town of Firestone, Colorado ("Board") is hereby repealed in its entirety and the Board, hereby acknowledges and declares the Improvement. Reimbursement Agreement (Firelight Park Annexation) between the Town of Firestone, Colorado and Fairview Estates, LLC has been terminated and of no further legal force and effect. INTRODUCED, READ AND ADOPTED this ay of , 2020. ATTEST: TOWN OF FIRESTONE, COLORADO bi Si 2 . ORDINANCE NO.984 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ESTABLISHING A TWELVE MONTH MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR, AND THE ISSUANCE OF, ANY MANUFACTURED HOME PARK OR SUBDIVISION PERMITS FOR MANUFACTURED HOME DEVELOPMENTS, AS WELL AS THE ACCEPTANCE AND PROCESSING OF ANY APPLICATIONS FOR DEVELOPMENT OF ANY KIND THAT, IF GRANTED, COULD RESULT IN MANUFACTURED HOUSING DEVELOPMENTS WHEREAS, on November 13, 2019, the Board of Trustees ("Board") of the Town of Firestone ("Town") enacted Ordinance No. 962, which imposed a twelve month moratorium on the acceptance and processing of applications for, and the issuance of, any mobile home park permits for mobile home developments, as well as the acceptance and processing of any applications for development of any kind that, if granted, could result in mobile home park or mobile housing developments; and WHEREAS, the grounds for the moratorium were that the Town's current regulations _' pertaining to mobile home development and mobile home communities needed to be evaluated • and updated because the existing regulations did not provide an adequate mechanism to regulate and control the location, design, size, and land use for mobile homes or the orderly development of mobile homes in a manner that would be consistent with the Town's goals related to zoning and land development; and WHEREAS, the moratorium expired on November 12, 2020; and WHEREAS, in July 2020, the Town repealed its prior zoning regulations in their entirety and adopted the Firestone Development Code ("FDC") set forth in Chapter 16.04 of the Firestone Municipal Code ("Code"); and WHEREAS, though the FDC updated definitions as to manufactured home parks and manufactured homes, other than as to floodway development standards, the Town given the magnitude of the scope of work in adopting an entirely new development code has not yet adopted building design and character standards and materials requirements and zoning designations for manufactured home parks and manufactured homes; and WHEREAS, to ensure consistency among all its land use goals, developments, regulations and plans staff desires to coordinate development of its manufactured home regulations in conjunction with the Town's Comprehensive Plan update, which is to occur in 2021; and WHEREAS absent a moratorium manufactured home park or manufactured housing may • be established before the building design and character standards and material requirements and zoning regulations for manufactured homes may be drafted and enacted thereby defeating the purpose of formulating and implementing the new standards, requirements and regulations; and . WHEREAS, the imposition of a twelve month moratorium on the acceptance and processing of and the issuance of any manufactured home park permits for manufactured home developments, as well as the acceptance and processing of applications for zoning or rezoning property within the Town that would allow for manufactured home park developments will preserve the status quo and permit the Board in consideration of an updated Comprehensive Plan to adopt amendments to the FDC regarding the building, design, and character standards, materials requirements, and zoning designations for manufactured home parks and manufactured homes; WHEREAS, the duration of the moratorium imposed by this ordinance is reasonable in length and is no longer than is required for the Town to properly develop, adopt and implement amendments to the FDC pertaining to regulations for the affected uses; and WHEREAS, owners and developers of real property affected by this ordinance desiring to construct manufactured home parks will not be unfairly prejudiced by the imposition of the temporary moratorium proposed by this ordinance; and WHEREAS, this ordinance is enacted pursuant to the Town's land use regulation powers, in order to safeguard the lives and properties of the citizens of the Town of Firestone. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: . Section 1. The preceding recitals contained in the ordinance are hereby adopted and made a part of this ordinance and serve as findings of fact by the Board of Trustees. Section 2. A moratorium is imposed upon the acceptance and processing of, and the issuance of, any manufactured home park permits for new or expansions to existing manufactured home or manufactured home developments, as well as the acceptance and processing of applications for zoning or rezoning of property within the Town of Firestone that would allow for manufactured home park development, the acceptance and processing of applications for manufactured home subdivisions, and the acceptance and processing of applications for site development plan approval for new or expansions to existing manufactured home parks or manufactured home developments. Section 3. The moratorium imposed by this ordinance shall commence as of the date of the effective date of this ordinance; and shall expire on November 18, 2021, unless sooner repealed. Section 4. The moratorium herein provided for shall not apply to any manufactured home park development project or activity on land within the Town for which final plan site plan approval has been granted or a building permit issued at the time of this ordinance; nor shall it impact the lawful use of property for existing manufactured home parks or development projects for which a manufactured home park permit has previously been granted, so long as such manufactured home park developments are confined to the limits, provision, and conditions of their respective existing Town approvals; nor shall it impact the acceptance and processing of new and existing applications for replacement of or repair to an existing manufactured or manufactured home located upon a manufactured home lot or space. • Section 5. Before the expiration of the moratorium imposed by this ordinance, Town staff, shall review the Town's current regulations pertaining to manufactured home park development and zoning. Such review shall be completed promptly and with due diligence. If directed to do 2 . so by the Board, Town staff shall prepare appropriate new, or amended, regulations with respect to manufactured home developments in the Town for consideration by the Board of Trustees. Section G. The Board of Trustees shall have the power to grant a special exception to the moratorium established in Section 2 of this ordinance, and to order the acceptance and processing of applications, and the issuance of a permit, that would otherwise be prohibited by this moratorium, if the following conditions are met to the sole satisfaction and discretion of the Board: A. A written application for the special exception must be submitted, indicating the specific nature of the project proposed and/or manufactured home park permit sought to be obtained, and stating with particularity the circumstances of the undue, substantial hardship that the applicant will suffer if a special exception is not granted. B. Within 30 days, the Board of Trustees shall hold a public hearing on the application for a special exception. Notice shall be given at least seven (7) days in advance of the public hearing. The owner of the property and applicant, or agent, shall be notified by mail. Notice of such hearing shall be posted on the property and shall be published in a newspaper of general circulation within the Town of Firestone at least seven (7) days prior to the public hearing. C. The Board of Trustees may grant a special exception if it finds all of the following: (i) The issuance of the manufactured home park permit, or processing of the site plan, subdivision.application, or zoning request, is necessary to prevent undue, substantial hardship for the applicant; and (ii) The issuance of the manufactured home park permit, or processing of the site plan, subdivision application, or zoning request, will not affect the public interest or the purposes and reasons of and for this moratorium; and (iii) The issuance of the manufactured home park permit, or processing of the site plan, subdivision application, or zoning request, will be in accordance with all of the ordinances and regulations of the Town of Firestone as if the moratorium were not in effect. Section 7. The provisions of this ordinance and the moratorium imposed hereby shall not affect or otherwise prohibit the processing of applications for uses and proposals outside of the specific scope defined herein. Section 8. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 9. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. E C Section 10. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this&th day ofW2020. TOWN OF FIRESTONE, COLORADO �� �m dl A B bi Sin gar, Mayor A,,F-D AS TO FORM: Willia ayashi, Town Attorney 4 • ORDINANCE NO.983 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING SECTIONS 1.08.050 AND 13.08.010 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE TOWN'S SINGLE FAMILY RESIDENTIAL WATER DEDICATION REQUIREMENT WHEREAS, Sections 1.08.050 and 13.08.010 of the Firestone Municipal Code, in part, set forth the Town of Firestone's ("Town") water dedication requirement for single family residential lots ranging from 0 to 10,000 square feet; and WHEREAS, residential developers are currently proposing single family residential lots that range from 0 square feet to 4,500 square feet and from 4,501 square feet to 6,600 square feet; and WHEREAS, it is thus necessary to amend the Town's Single Family Residential Water Dedication Requirement Table to establish three new rate categories, as follows: Lot Size (ft2) 0 — 4,500 4,501— 6,600 6,601—10,000; and WHEREAS, the Town's water dedication requirement is for water delivered to the Carter Lake Water Treatment Plant and such dedication is greater than the amount measured at the individual meter as the dedication must include the 20% surcharge required by Central Weld County Water District for treatment of the water and an estimated 3% loss in the Town's distribution system; and WHEREAS, in consideration of the above factors the water dedication requirement for the three new categories are to be: Lot Size (ft2) Water Dedication Requirement (acre-feet) 0 — 4,500 0.340 4,501— 6,600 0.470 6,601—10,000 0.600 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The "Lot Size (ft2) Water Dedication Requirement (acre-feet) Table set forth in Section 1.08.050 subsection A Residential of the Firestone Municipal Code is amended • to provide as follows; 1 • 0 Lot Size (ftz) Water Dedication Requirement (acre-feet) 0-4,500 0.340 4,501 6,600 0.470 6,601— 10,000 0.600 10,001-12,500 0.750 12,501-15,000 0.900 15,001-17,500 11,050 17,501-20,500 1.200 20,501-23,000 1.350 23,001-25,500 1.500 25,501-28,000 1.650 28,001-30,500 1.800 30,501-33,000 11.950 33,001-35,500 2.100 135,501-38,000 2.250 38,001-41,000 2.400 41,001-43,500 2.550 Section 2. The "Lot Size (fP) Water Dedication Requirement (acre-feet) Table set forth in Section 13.08.010, Water Connection Charge, subsection B.1 of the Firestone Municipal Code is amen -led to provide as follows: Lot Size (ftz) Water Dedication Requirement (acre-feet) 0-4,500 0.340 4,501 — 6,600 0.470 6,601 — 10,000 0.600 10,001-12,500 0.750 12,501-15,000 0.900 15,001-171500 1.050 17,501-20,500 1.200 120,501-23,000 1.350 23,001-25,500 1.500 25,501-28,000 1.650 2' • • 28,001-30,500 1.800 30,501-33,000 1.950 33,001-35,500 2.100 35,501-38,000 2.250 38,001-41,000 2.400 41,001-43,500 2.550 Section 3. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed .this ordinance and each parlor parts hereof irrespective of the fact that any ,one part or parts be declared unconstitutional or invalid. Section 4. Violations of this ordinance shall be punishable in accordance with Section 1.16.010 of the Municipal Code of the Town of Firestone, Colorado. Section. 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 28th day of October, 2020. TOWN OF FIRESTONE, COLORADO "TrAk �idi& B : bi Sinde ,'Mayor APPRO ED AS O William P. Hayashr, wn Attorney 3 • ORDINANCE NO.982 C, AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO AMENDING SECTIONS 16.3.3,16.4.2,16.6.4,16.6.6,16.6.8,16.6.14, 16.7.2, 16.7.5,16.11.3,16.12.5, AND TABLES 4-1 AND 7.2 OF CHAPTER 16.04 (FIRESTONE DEVELOPMENT CODE) OF TITLE 16 OF THE FIRESTONE MUNICIPAL CODE WHEREAS, Chapter 16.04 of the Firestone Municipal Code was enacted to adopt the Firestone Development Code ("FDC"), which establishes comprehensive regulations pertaining to the use and development of land within the Town of Firestone; and WHEREAS, the Board of Trustees desires to amend various sections of the Firestone Development Code as part of the Town's overall annual FDC update process that will guide the growth and development of the Town and improve the administration of the FDC; and WHEREAS, the Board of Trustees believes these amendments will improve the understanding and administration of the Firestone Development Code with regard to those regulations and their underlying goals. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 16.3.3.G. Ld.i, "Accessory Dwelling Units," of the Firestone Development Code is hereby amended to read as follows: d. General Standards All accessory dwelling units shall meet the following standards: i. Districts Permitted Accessory dwelling units shall be permitted as accessory uses to single-family detached residential uses as depicted in Table 3-2. A minimum lot size of 5-,000 44 500 square feet is required. Section 2. Section 16.3.3.G.5, "Keeping of Backyard Chicken Hens," of the Firestone Development Code is hereby amended to read as follows: 5. Keeping of Backyard Chicken Hens The keeping of backyard chicken hens shall be a permitted accessory use to single-family detached dwelling units on lots greater than ,OW 4,500 square feet in lot area that meet the following regulations: Additions to the current text of the Code are indicated by underlining, and deletions are indicated by str-ikethfough. • Section 3. Table 4-1 is amended to appear as follows:. A. Dimensloial and Density Standards TABLE 4-1: DIMENSIONAL (Additional AND DENSITY STANDARDS standards may apply. See Use — RESIDENTIAL -Specific Standards AND COMMERCIAL DISTRICTS in Section 3.2) Minimum Lot Standards Minimum Setbacks ?ft.) � Max Height (ftI Max/Min Width 9 street District Density Netlfea Frant Wei ior Lol Line Rear (DUJAcre; (u) N4 ft) (all uses) ►1 il:'a it IE n �� �I 1 1 alley r 1FI :1 1 1 1 .n Principali O 1eS rn' 1 1. n d }ZII I 1 .�11 ss ® 1 1 (D Zero lot line setbacks shall be permitted `or attached buildings provided that the building meets the zone district interior lot line setback on the side of the budding not attached_ 0 Multiple principal Duildings on a single lot shah be separated a distance equal to the distance that would be required if they were separated by a Ict line. ® Net area is the site of the lot-, not to include tracts and streets and their right-of-ways. Section 4. Section 16.4.2..A.l.b.ii., "General Setback Req-.iirements," of the Firestone Development Code is hereby amended to read as follows: ii. Unroo,'ed Landings, Decks and Stairs J Unroofed lanifings, decks and stairs may encroach into side and rear required setbacks, provided that the floor .hall not extend higher than thirty (30) inches above the finished grade level and the project- -ion is at least five (5) feet from the lot line. Section 5. Section 16.4.2. A. l.e of the Firestone Development Code is hereby deleted in its entirety. Section 6. Section 16.6.41.2, "General Landscaping Requirements and Standards," of the Firestone Development Code is hereby deleted in its entirety and re-snacted to read as follows: 2. Artificial Materials a. General Standards i. Location, materials, appearance, installation, and maintenance of artificial turf areas shall comply with all requirements of this FDC. ii. Artificial turf shall be natural in appearance and integrated into the overall landscape design. iii. Turf material and aggregate or infill materials shall not be toxic to humans or pets or be harmful to the environment. . b. Locations i. For single-family dwellings, artificial turf shall be limited to a maximum of seventy-five (75) percent of the rear or side yard area. A minimum of twenty (25) percent of the rear and side yard landscape area shall be permeable surfaces with. living and organic landscape material. The maximum area of artificial turf shall consider other impervious surfaces such as patios and walkways to ensure a minimum of twenty-five (25) percent of the yard area remains a permeable surface with living and organic landscape material. ii. Artificial turf shall be permitted in multi -family residential and non- residential developers pursuant to the requirements of this FDC. iii. A minimum of three (3) foot buffer comprised of permeable surfaces with living and organic landscape material shall be required between the edge of the artificial turf and any property line. iv. Artificial turf shall not be installed on slopes greater than a five to one (5:1) slope. V. Artificial turf placement, particularly under the dripline of trees, shall avoid negative impacts to trees at the time of placement and during the lifespan of the tree: c. Materials i. The blade material shall be made of either lead-free polyethylene, polypropylene, vegetable based product or a blend of the three (3). Nylon or other plastic shall be prohibited. ii. Backing (A) The backing shall be of a lead-free polyethylene, polypropylene, vegetable based product or a blend of the three. Felt backing is not permitted (B) The backing shall be permeable with holes spaced in a uniform grid pattern not to exceed four (4) inches by six (6) inches on center. iii. Materials shall be protected with a minimum of an eight (8) year warranty. iv. All materials shall be non-flammable. d. Appearance i. Blade yarn colors shall mimic natural turf including green blade color(s) and include a tan thatch layer. ii. Blade pile height shall be between one and three-quarters (1.75) inches and three (3) inches. iii. Pile face weight shall be at least seventy (70) ounces. e. Installation i. Artificial turf shall be installed in accordance with manufacturer specifications. ii. The drainage pattern of the lot shall not be impeded or altered by the installation of artificial turf. iii. Artificial turf shall be installed over a compacted and porous aggregate base material that is a minimum of three (3) inches deep to allow for adequate. drainage both horizontally and vertically and to prevent excessive runoff or pooling. Artificial turf shall not be installed over existing grass or compacted dirt. iv. Artificial turf shall be anchored at all edges and seams. V. Artificial turf seams shall be taped or glued and not sewn. vi. Artificial turf shall .be separated from other landscape areas by a bender . . board, concrete curbing or similar material to conceal edges of the turf. L Maintenance i. Artificial turf shall be maintained in a manner to mimic healthy living turf. ii. Artificial turf shall be cleaned as necessary and groomed to maintain its appearance. iii. Artificial turf areas shall not contain weeds, holes, tears, stains, discolorations, seam separations, uplifted surfaces, heat degradation, depressions, odors, excessive wear, or similar deformities and measures of deterioration. Damaged or worn areas shall be repaired or removed and replaced in manner that results in consistent appearance with the existing artificial turf iv. Artificial turf shall be replaced after the life expectancy has been reached. V. Infill material shall be a non -toxic anti -microbial material such as silica sand or acrylic coated sand to prevent odors and bacteria formation. Crumb rubber filler shall be prohibited. g. Limitations Artificial turf or other artificial materials shall not be used as a means of complying with the live plant material landscaping regulations of this section . h. Permits Any person seeking to install artificial turf must first apply for and obtain a permit from the Town. All permit applications shall be submitted on a form supplied by the Town, and for single-family dwellings no fee shall be required to issue a permit under this section Section 7. Section 16.6.6.E.3, "Parking Alternatives," of the Firestone Development Code is hereby amended to read as follows: . 3. Old Town District Parking a. Commercial Uses There shall be no minimum off-street parking requirements for any commercial use in the OTC district. b. Residential Uses There shall be minimum off-street parking requirements for any residential uses in the OTR District and for non_conforming residential uses in the OTC District. Old Town distriets Section 8. Section 16.6.8.C.8, "Standards for the Neighborhood Center (NC), Regional Commercial (RC), and Public Land and Institutions (PLI)," of the Firestone Development Code is hereby amended to read as follows: 8. Bright Colors Intense, bright, or fluorescent colors shall not be used as the predominant color on any wall or roof of any primary. or accessory structure. These colors may be used as building accent colors, but shall not constitute more than ten (10) percent of the area of each elevation of a building. Permitted sign areas shall be exeluded from included in this calculation. Section 9. Section 16.6.14.A.3, "Existing Oil and Gas Wells and Production Facilities," of the. Firestone Development Code is hereby amended to read as follows: 3. In order to minimize the impact on streets and pedestrian paths and tracking of debris onto streets and pedestrian paths, subdivision design shall provide the following Town requirements and improvements for access roads to oil and gas wells and associated production facilities: a. Subdivision shall minimize the need for access roads to connect to streets with local street classifications. b. An access plan for the well and production facilities shall be submitted to the Town identifying which local streets that are impacted by well access needs. The streets identified shall be designed to address the weight load requirements of the vehicles accessing the well and production facilities. C. The well and production facilities access road shall be improved as a hard surface (concrete or asphalt) for the first one -hundred (100) 2-W feet from the street, sidewalk, or trail and then improved. as a crushed surface (concrete or asphalt) for the next one -hundred (100) feet past the hard • 0 surface in the appropriate depth to support the weight load requirements of the vehicles accessing the well and production facilities. d. The Town may require the developer to gate or restrict access (bollards) to the access road to minimize unauthorized use of the access. e. If an access road intersects with a pedestrian trail or walk, the developer shall pave, as a hard surface (concrete or asphalt), the access road one - hundred (100) feet either side of the trail or walk and if necessary, replace the trail or walk to address the weight load requirements. of the vehicles accessing the well and production facilities. f. All proposed access road changes or restrictions shall be approved by the mineral right owner before Final Plat or Final Development Plan approval. Section 10. Section 16.6.14.B.3, "Abandoned Oil and Gas Wells and Production Facilities," of the Firestone Development Code is hereby amended to read as follows: 3. All subdivisions with wellheads abandoned and reclaimed in accordance with state law and COGCC regulations. shall use the following standards to plat lots and. streets: a. Streets may be platted over abandoned wellheads if conflicts do not occur with infrastructure requirements within the street. b. A non-residential, lot may contain an abandoned wellhead. The plat shall identify a building setback of fifty (50) 'feet from the monumented abandoned wellhead C. A residential lot one (1) acre or greater in area may contain an abandoned wellhead. The Final Plat shall identify a building setback of fifty (50) feet from the monumented abandoned wellhead. d. c—.. Abandoned wellheads, and the required. setback of fifty (50) feet surrounding the abandoned wellhead, shall not be located in single-family lots. e. d Abandoned wellheads, and the required setback of fifty (50) feet surrounding the abandoned wellhead, shall not be located in multi -family lots. f e In subdivisions where an abandoned wellhead cannot be placed in a street or non-residential lot meeting the standards of this Subsection; the abandoned wellhead shall be placed in a tract. The abandoned wellhead and required setback surrounding the abandoned wellhead may not be located in a Town required park as outlined in Section 6.3. park. . Section 11. Table 7.2 is amended to appear as follows: Proceckire Step 1 Ple"App Cnnf. Step 2 Strhmlttal TABLE7.2: SUMMARY OF DEVELOPMENT NO FL-: Ths table sl rnanzes the processes Y -Yes -The Common f?.XXf =Yhe Serti(M tislinp the Additional of Modified Hlank Fuld = NO Step 3 step < Step 5 comp. Step 6 Howm_w -- Notice REVIEW PROCEDURES and procedures contaned In Chapter Procedure Applies Prnrndtnn tar a'pr.cdic AIHr@table Step 7 Step 9 Hearing 3ision! Findings 7, Applirnlion Step 9 Appwval crilmia Step 11) Condilions Step 11 Amend Step 12 Lapse WIFT M. Section 12. Section 16.7.2.A.3, "Step 1 (Pre -Application Conference)," of the Firestone Development Code is hereby amender+ to read as follows: 3. Initiation of Pre -Application Conference The applicant shall request a Pre -Application conference with the Planning & Development Department_ and pay the required fee, f applicable. With the .request for a Pre -Application conference, the applicant shall provide to the Planning & Development Department a description of the charac :er, location, and magnitude of the proposed development and any other supporting documents, such as maps, drawings, models, and the type of application. It is the applicant's responsibility to provide sufficiently detailed plans and descriptions of the proposal for staff to make the informal recommendations discussed below. Section 13. Section 16.7.2.B.5.c, `Step 2 .(Development Application Submittal)," of the Firestone Development Code is hereby amended to read as follows: C. Recovery of Costs The applicant shall pay the development review fees and initial deposit imposed pursuant to this Section at the time of submittal of any development application. The initial deposit shall cover the costs billed by the Town for costs incurred, as required, for processing and reviewing the development application, including attorney fees, review fees from consultants acting as staff, referral agencies, or other fees. A east feeavefy agreement in hEatiO} Should the application be withdrawn at any time, the deposit shall be adjusted to cover the Town's actual costs, including overhead, up to that time. Any funds remaining on deposit at the time of the completion or withdrawal of the application shall be returned to the depositor, after accounting for expenses incurred to date. Section 14. Section 16.7.2.1), "Step 4 (Neighborhood Mecting)," of the Firestone Development Cade is hereby deleted in its entirety and re-enacted to read as follows: D. Step 4: Application Referral, Review and Staff Report After determining that a development application is complete, Town Staff shall process the development application in the following manner. 1. Referral Packets Staff shall notify the applicant of the type and number of copies of the application and submittal information required for distribution to referral agencies. Staff shall distribute the submittals to designated referral agencies for review. 2. Referral Review Referral agencies shall provide comments to Town Staff on the application(s) within twenty-one (21) days of receiving a referral packet. The applicant is encouraged to meet with referral .agencies prior to the end of the referral period. The applicant is required to pay fees assessed by referral agencies. • 3. Resolution of Issues Staff shall compile and review all referral comments and provide a copy of all comments to the applicant. The applicant shall resolve outstanding issues to the maximum extent reasonably practicable. The applicant shall provide the Town with written responses addressing all referral and staff comment issues. At the discretion of the Director, referral comments requiring significant changes to a development application, plan or proposal may require re -referral to any and all referral agencies. 4. Staff Report After staff has scheduled an application for a review or public hearing, staff shall prepare a Staf-T Report. The Staff Report shall indicate whether, in the opinion of the staff, the development application complies with all applicable standards of this FDC. Staff may recommend approval, denial or conditions for approval may also be recommended to eliminate any areas of non-compliance or mitigate any adverse effects of the development proposal. The Staff Report shall be made available for inspection and copying by the applicant and the public prior to the scheduled public hearing on the development application. Section 15. Section 16.72.E, "Step 5 (Application Referral, Review and Staff Report)," of the Firestone Development Code is hereby deleted in its entirety and re-enacted to read as follows: E. Step 5: Neighborhood Meeting • In general, the Neighborhood Meeting should occur after the applicant has received the first round of referral responses as outlined in Subsection 7.2.D above. . 1. Purpose The purpose of a neighborhood meeting is to provide an informal opportunity to inform the residents and landowners of the surrounding neighborhood(s) of the details of a proposed development and application, how the developer intends to meet the standards contained in this FDC, and to receive public comment and encourage dialogue at an early time in the review process. No decision regarding the application will be made at the Neighborhood Meeting. 2. Applicability A neighborhood meeting shall be required for any development proposal that will be subject to Planning & Zoning Commission and/or Board of Trustees review, unless otherwise indicated in this Chapter. However, the Director may waive the neighborhood meeting requirement if it is determined that the development proposal would not have significant impacts in any of the areas listed below. The waiver shall be in writing and shall be included as part of the case record. a. Traffic; b. Natural resources protected under this FDC; C. Provision of public services such as safety, schools, or parks; d. Compatibility of building design or scale; or e. Operational compatibility, such as lighting, hours of operation, odors, noise, . litter, or glare. 3. Notice of Neighborhood meeting The applicant shall give mailed and posted notice of the neighborhood meeting to property owners, pursuant to the general notice provisions of Subsection 7.2,F. An affidavit shall be submitted to the Town, by the applicant, stating that the notice requirement has been met. 4. Attendance at Neighborhood Meeting If a neighborhood meeting is required, the applicant or applicant's representative shall attend the meeting. The applicant shall be responsible for scheduling the meeting, coordinating the meeting, and for retaining an independent facilitator if needed. Attendance at the meeting by Town Staff is not required. 5. Summary of Neighborhood Meeting The applicant shall prepare a written summary including a list of attendees of the neighborhood meeting. The written summary shall be provided to Town Staff prior to noticing of any public hearing and included in the case record. Section 16. Section 16.7.21, "Step 12 (Lapse)," of the Firestone Development Code is hereby amended to read as follows: L. Step 12: Lapse 0 • 2 If applicable, the lapse of approval time frames established by the procedures of this FDC may be extended only when all of the following conditions exist: a. The provisions of this FDC must expressly allow the extension; b. An extension request must be filed prior to the applicable lapse -of - approval deadline; C. The extension request must be in:writing and include justification; and d. Unless otherwise noted, authority to grant extensions of time shall rest with the decision -making body that granted the original approval. The conditions of such approvals (if applicable) shall be met within ninety (90) days of approval. The approved documents shall be recorded (if applicable) within ninety (90) days of approval or as otherwise approved by the Decision -Makin B�odX. Upon written request by the applicant, the Director may grant one (1) extension for a maximum of ninety (90) days due to unique circumstances that make it impractical to meet conditions of approval or record the approved- documents within ninety (90) days from approval. 3. Approvals of. land use applications shall be null and void and shall automatically lapse if not. completed or recorded within the approval time frames established by the procedures of this FDC. Section 17. Section 16.7.5.B.5, "Step 11 (Minor Modifications and Amendments)," of the Firestone Development Code is hereby amended to read as follows: 5. Step 11: (Minor Modifications and Amendments) a-, A request to change an rerl PUD DP may be filed the e er(s) of r subarea, or- metes a -ad bounds par -eel 7 to whieh the proposed applies, but shall be signed only by all the - only by all the owners or agents of the owners of the r pe.-ty witl.ii the subarea, platted lots, 4 metes and bounds parcels tA which the proposed affiendment applies. a b. Any changes that constitute amendments under Section 2.5.D.7 require the filing of new application for a PUD District, subject to the submittal . requirements listed above in Section 7.5.B.2., and shall follow the process identified in Subsection 7.5.B. The Board of Trustee's action regarding an application for an amended PUD-DP shall be by. ordinance, following a recommendation from the planning commission. • Section 18. Section 16.7.5.B.6.a, "Step 12 (Lapse)," of the Firestone Development Code is hereby amended to read as follows: • 6. Step 12: (Lapse) Applicable, as modified: a. The PUD-DP and other appropriate associated documents to the approved PUD zone district shall he recorded within ninety (90) days of approval or as otherwise approved by -ordinance, unless stated otherwise in such Approval. Upon written request by.the applicant or staff, the Director may grant two (2) extensions for a maximum of sixty (60) days each due to unique circumstances that make it impracticable to file the documents. Section 19. Section 16.11.3, "Terms Defined," of the Firestone Development Code is'hereby amended to add the following definitions, to be inserted alphabetically: Fire District. The Frederick -Firestone Fire Protection.District. HOA/Metro District Facility A building, structure or facility available for recreational clubs and activities. Such uses commonly include gathering areas, tennis courts, swimming pools, restaurants for.members and guests only, and gymnasiums. Such uses may be either public or private, but typically are intended only for the residents and guests of a particular residential development or neighborhood and typically owned or operated by a Homeowners' Association or Metropolitan District. Recreation Center A facility primarily featuring equipment for exercise and other active physical fitness conditioning or recreational sports activities, such as swimming; skating, racquet sports, aerobic. dance, gymnasium facilities, yoga, and other kinds of sports and fitness facilities Section 20. Section 16.11.3, "Terms Defined," of the Firestone. Development Code is hereby amended by deleting the terms "neighborhood recreation center," "fitness and recreational sports center," and "approach surface" in their entirety.. Section 21. Section 16.11.3, "Terms Defined," of the Firestone Development Code is hereby amended by modifying the following definitions, to read as follows: Recreation and Entertainment, Indoor Indoor Recreation and Entertainment uses provide recreation or entertainment activities within an enclosed environment. Accessory uses may include concessions, snack bars, parking, and maintenance facilities. Specific use types include, but are.not limited to: Adult Amusement or Entertainment; Commercial Amusement, Indoor; Vit ass and Reve- .e„*;-ing-4 Sports Cer+a.-; Shooting Range, Indoor; or Sports Arena. Subdivision (lot line adjustment) A consolidation of two (2) or more, but not more than six (6), previously platted lots for the purpose of creating a single lot; or the division of a single previously platted lot into two 2 lots; or the adjustment of property boundary lines between four (4) or fewer existing adjoining lots. -lets: Section 22, Section 16.12,5.A.9(c), "Additional Design Requirements;" of the Firestone Development Code is hereby amended to read as follows: e. Related Accessory Equipment. Accessory equipment for all WCFs shall meet the following requirements: i. All buildings, shelter, cabinets, and other accessory components shall be grouped as closely as technically possible; ii. The total footprint coverage area of the WCFs accessory equipment shall not exceed 350 square, feet iii. No related accessory equipment or accessory structure shall exceed 12 feet. ,in height iv. Accessory equipment, -including but not limited too remote radio units, shall be located_ out of sight whenever possible by locating behind parapet walls or within equipment enclosures. Where such alternate locations are not available, the accessory equipment shall be camouflaged or concealed. Section 23. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. • Section 24. Violations of this ordinance shall be punishable in accordance with Section I.16.010 of the Municipal Code of the Town of Firestone, Colorado. Section 25. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL thisath day of 6 2020. TOWN OF FIRESTONE, COLORADO APP VED AS41'6oAttomey William P. Haya ORDINANCE NO.981 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, REPEALING AND REENACTING IN THEIR ENTIRETY CHAPTERS 15.04 (BUILDING CODE), 15.06 (INTERNATIONAL RESIDENTIAL CODE), 15.08 (NATIONAL ELECTRIC CODE), 15.10 (INTERNATIONAL EXISTING BUILDING CODE), 15.12 (INTERNATIONAL FUEL GAS CODE), 15.32 (INTERNATIONAL FIRE CODE), AND 15.36 (INTERNATIONAL ENERGY CONSERVATION CODE) OF THE FIRESTONE MUNICIPAL CODE; AMENDING TITLE 15 OF THE FIRESTONE MUNICIPAL CODE TO ADD A NEW CHAPTER 15.14 REGARDING ADOPTION OF THE 2018 INTERNATIONAL MECHANICAL CODE; AMENDING TITLE 15 OF THE FIRESTONE MUNICIPAL CODE TO ADD A NEW CHAPTER 15.16 REGARDING ADOPTION OF THE 2018 INTERNATIONAL PLUMBING CODE; AMENDING TITLE 15 OF THE FIRESTONE MUNICIPAL CODE TO ADD A NEW CHAPTER 15.18 REGARDING ADOPTION OF THE 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE; AND AMENDING TITLE 15 OF THE FIRESTONE MUNICIPAL CODE TO ADD A NEW CHAPTER 15.20 REGARDING ADOPTION OF THE 2018 INTERNATIONAL SWIMMING POOL AND SPA CODE NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AS FOLLOWS: • Section 1. Chapter 15.04, "Building Code," of the Firestone Municipal Code is hereby repealed in its entirety and re-enacted to read as follows: Chapter 15.04 International Building Code. 15.04.010 Adoption of the International Building Code. The International Building Code 2018 Edition, as published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478, Chapters 1 through 35 inclusive and Appendix Chapters I and N, is hereby adopted by reference as the Town of Firestone Building Code (referenced in this chapter as the IBC and thereinafter referred to as "this code") as if fully set out in this codification, with, however, the amendments indicated in the following sections of this chapter. 15.04.015 IBC Section 101.1. IBC Section 10 1. 1 (Title) is amended to read as follows: These regulations shall be known as the Building Code of the Town of Firestone, hereinafter referred to as "this code." 0 15.04.020 IBC Section 101.4.3. IBC Section 101.4.3 (Plumbing) is amended to read as follows: The provisions of the International PlumbingCode shall apply to the installation alteration PP Y > repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. 15.04.025 IBC Section 101.4.5. IBC Section 101.4.5 (Fire Prevention) is amended to read as follows - The provisions of the International Fire Code, as adopted by the Town, shall apply to matters affecting or relating to structures, shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 15.04.030 IBC Section 105.2. IBC Section 105.2 (Work exempt from permit) item 2 of the Building portion of this section is amended to read as follows: 0 2. Fences not over 6 feet (1828 mm) high. 15.04.035 IBC Section 105.2. IBC Section 105.2 (Work exempt from permit) item 14 of the Building portion of this section is amended to read as follows: 14. Shingle repair or replacement work not exceeding one square (100 square feet in area) of covering per building. 15.04.040 IBC Section 105.5. IBC Section 105.5 (Expiration) is deleted in its entirety and replaced as follows: Every permit issued shall expire and become null and void upon the occurrence of any one of the following events: (a) A failure to commence work within 180 days from the date of permit issuance; or (b) A failure to request or arrange for a required inspection to be performed with respect to newly completed work within 180 days from the date of permit issuance; or (c) A period of 180 days has lapsed following a required inspection without obtaining a subsequent required inspection. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Permits that have expired must be re -applied for by the issuance of a new building permit, together with full payment of the following fees at the time of re -application: (a) A reapplication fee set by duly adopted resolution of the Board of Trustees; and (b) For expired permits of one year or less in duration, one-half the amount of the original permit fee paid or the full valuation of all uncompleted work, whichever is greater; provided, however, that no changes have been or will be made in the original plans and specifications for such work; or (c) For expired permits of greater than one year in duration, the full amount required for a new permit for such work based on the current fee schedule adopted by the Town. This fee is not refundable if the new permit expires or is withdrawn or cancelled. 0 15.04.045 IBC Section 105.5.1. IBC Section 105.5 (Expiration) is amended by the addition of a new subsection 105.5.1 (Completing Work and Final Inspection) to read as follows: Permits, not otherwise voided by suspension, abandonment or failure to commence work, shall expire two (2) years after the date of issuance, unless the permit has been extended as permitted by Section 105.5. If the building or work authorized by such permit has not received final inspection approval prior to the permit expiration date, all work shall stop until a new permit is obtained for the value of the work remaining unfinished. The building official may approve a period exceeding 24 months for completion of work when the permit holder can demonstrate that the complexity or size of the project makes completing the project within 24 months unreasonable. Any request shall be prior to expiration of the permit. 15.04.050 IBC Section 109.4. IBC Section 109.4 (Work commencing before permit issuance) is deleted in its entirety and replaced as follows; Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system for which a permit is required by this code, without first obtaining the necessary permit, may be subject to an investigation fee as established by duly adopted resolution of the Board of Trustees, before a permit may be issued for such work. The amount of the investigation fee may be equal to the permit fee that would be assessed for the specific • type of construction activity. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code or other adopted laws and ordinances of the Town. 15.04.055 IBC Section 109.6. iBC Section 109.6 (Refunds) is deleted in its entirety and replaced as follows: The town may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The town may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. The town may authorize refunding of not more than 80 percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The town shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. 15.04.060 IBC Section 113.1. IBC Section 113.1 (General) is deleted in its entirety and replaced as follows: In order to hear and decide appeals of orders, decisions or determinations made by the building is official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of three members. This board shall be composed of a person appointed by the Town Manager, a person appointed by the appellant, and a person appointed by the two appointees. The building official shall be an ex officio member of and shall act as the secretary to the board but shall have no vote on any matter before the committee. The board members shall serve for the duration of the appeal. The board shall conform to the standard rules of procedure governing Town Boards and Commissions and shall render their decisions and findings in writing to the appellant, with a duplicate copy to the Building Official. A party may appeal the board's decision to the Board of Trustees in accordance with the procedure set forth in Section 112.4 of this code. 15.04.065 IBC Section 113.3. IBC Section 113.3 (Qualifications) is amended to read as follows: The board of appeals shall consist of members who are qualified by experience and training, as verif ed by the Building Official, to pass on matters pertaining to building construction. The board members may not be employees of either the jurisdiction or the appellant. The board members may not be personally, financially, contractually, professionally, or otherwise indebted, obligated, or bound to the appellant in any manner, nor may they be in any position where they might receive benefit, either personally or professionally, from any decision rendered. 9 15.04.070 IBC Section 113.4. IBC Section 113.4 (Board of Trustees review of decisions rendered by the Board of Appeals) is enacted to read as follows: To appeal a decision of the Board of Appeals a party must, within fifteen (15) calendar days of the board's decision, submit a request for review to the Town Clerk. After submittal of a request for review the Building Official shall, within fifteen (15) calendar days, prepare a certified record. Within thirty (30) calendar days of submittal of a request for review the Board of Trustees shall, based only upon its review of the record, decide to uphold, overturn or modify the decision of the Board of Appeals. The Board of Trustees shall provide the parties a copy of its decision within seven calendar days of making same. 15.04.075 IBC Section 202. IBC Section 202 (Definitions) is amended by addition of the following: Sleeping Room (Bedroom). A sleeping room (bedroom) is any enclosed habitable space within a dwelling unit, which complies with the minimum room dimension requirements of IBC Section 1207.3 and contains a closet, an area that is usable as a closet, or an area that is readily convertible for use as a closet. Living rooms, family rooms and other similar habitable areas that are so situated and designed so as to clearly indicate these intended uses, shall not be interpreted as sleeping rooms. 15.04.080 IBC Section 310.4.1. IBC Section 310.4.1 (Care facilities within a dwelling) is deleted in its entirety and replaced as follows: Care facilities within a dwelling. Care facilities for six or fewer persons receiving care that are within a single-family dwelling are permitted to comply with the Residential Building Code as adopted by the Town. 15.04.085 IBC Section 915.2.1. IBC Section 915.2.1 (Dwelling units) is deleted in its entirety and replaced as follows: Dwelling units. Carbon monoxide detection shall be installed in dwelling units within 15 feet of each separate sleeping area. Where a fuel burning appliance is located within a bedroom or its attached bathroom, carbon monoxide detection shall be installed within the bedroom. 15.04.090 IBC Section 1030.1. IBC Section 1030.1 (General) is deleted in its entirety and replaced as follows: 0 • General. In addition to the means of egress required by this chapter, emergency escape and rescue openings shall be provided in the following occupancies: 1. Group R-2 occupancies located in stories with only one exit or access to only one exit as permitted by Tables 1006.3.3(1) and 1006.3.3(2). 2. Group R-3 and R-4 occupancies. Basements and sleeping rooms below the fourth story above grade plane shall have not fewer than one exterior emergency escape and rescue opening in accordance with this section. Where basements contain one or more sleeping rooms, emergency escape and rescue openings shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way. In new construction, all windows and window wells in unfinished basements shall meet the requirements of section 1030.1 through 1030.5. Exceptions: 1. Basements with a ceiling height of less than 80 inches (2032 mm) shall not be required to have emergency escape and rescue openings. 2. Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior exit balcony that opens to a public way. 3. Basements without habitable spaces and having not more than 200 square feet (18.6 m2) in floor area shall not be required to have emergency escape and rescue openings. 15.04.100 IBC Section 1301.1.1. IBC Section 1301.1.1 (Criteria) is amended to read as follows: Buildings shall be designed and constructed in accordance with the Energy Conservation Code of Town of Firestone. 15.04.11.0 IBC Section 1612.3. IBC Section 1612.3 (Establishment of flood hazard areas) is amended to read as follows: To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled "The Flood Insurance Study for Town of Firestone," as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map • (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section. Section 2. Chapter 15.06, "International Residential Code," of the Firestone Municipal Code is hereby repealed in its entirety and re-enacted to read as follows: Chapter 15.06 International Residential Code 15.06.010 Adoption of the International Residential Code. The International Residential Code for One and Two -Family Dwellings, 2018 Edition, as published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478, Chapters 1 through 10, and 12 through 43 inclusive and Appendix Chapters H (Patio Covers) and M (Home Day Care) is hereby adopted by reference as the Town of Firestone Residential Code (referenced in this chapter as the IRC and thereinafter referred to as "this code") as if fully set out in this codification, with, however, the amendments indicated in the following sections of this chapter. 15.06.015 IRC Section R101.1. IRC Section R101.1 (Title) is amended to read as follows: These provisions shall be known as the Residential Code for One -and Two -Family Dwellings of the Town of Firestone, and shall be cited as such and will be referred to herein as "this code." 15.06.025 IRC Section R105.2. IRC Section R105.2 (Work exempt from Permit), item 2 of the Building portion of this section is deleted in its entirety replaced with the following: 2. Fences not over 6 feet (1828 mm) high. 15.06.030 IRC Section R105.2. IRC Section R105.2 (Work exempt from Permit), is amended by the addition of a new item 11 of the Building portion of this section, to read as follows: 11. Shingle repair or replacement work not exceeding one square (100 square feet in area) of covering per building. 15.06.035 IRC Section R105.5. IRC Section RI05.5 (Expiration) is deleted in its entirety and replaced as follows: Every permit issued shall expire and become null and void upon the occurrence of any one of the following events: (a) A failure to commence work within 180 days from the date of permit issuance; or (b) A failure to request or arrange for a required inspection to be performed with respect to newly completed work within 180 days from the date of permit issuance; or (c) A period of 180 days has lapsed following a required inspection without obtaining a subsequent required inspection. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Permits that have expired must be re -applied for by the issuance of a new building permit, together with full payment of the following fees at the time of re -application: (a) A reapplication fee set by duly adopted resolution of the Board of Trustees; and (b) For expired permits of one year or less in duration, one-half the amount of the original permit fee paid or the full valuation of all uncompleted work, whichever is greater; provided, however, that no changes have been or will be made in the original plans and specifications for such work; or (c) For expired permits of greater than one year in duration, the full amount required for a new permit for such work based on the current fee schedule adopted by the Town. This fee is not refundable if the new permit expires or is withdrawn or cancelled. 15.06.040 IRC Section R105.5.1. IRC Section R105.5 (Expiration) is amended by the addition of a new subsection 105.5.1 (Completing Work and Final Inspection) to read as follows: Permits, not otherwise voided by suspension, abandonment or failure to commence work, shall expire two (2) years after the date of issuance, unless the permit has been extended as permitted by Section 105.5. If the building or work authorized by such permit has not received final inspection approval prior to the permit expiration date, all work shall stop until a new permit is obtained for the value of the work remaining unfinished. The building official may approve a period exceeding 24 months for completion of work when the permit holder can demonstrate that the complexity or size of the project makes completing the project within 24 months unreasonable. Any request shall be prior to expiration of the permit. 0 • 15.06.045 IRC Section R108.6. IRC Section R108.6 (Work commencing before permit issuance) is deleted in its entirety and replaced as follows: Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system for which a permit is required by this code, without first obtaining the necessary permit, may be subject to an investigation fee as established by duly adopted resolution of the Board of Trustees, before a permit may be issued for such work. The amount of the investigation fee may be equal to the permit fee that would be assessed for the specific type of construction activity. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code or other adopted laws and ordinances of the Town. 15.06.050 IRC Section R108.5. IRC Section R108.5 (Refunds) is deleted in its entirety and replaced as follows: The town may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The town may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. The town may authorize refunding of not more than 80 percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The town shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. 15.06.055 IRC Section R109.1.5.2. IRC Section R109.1.5 (Other inspections) is amended by the addition of a new subsection R109.1.5.2, to read as follows: Insulation Inspection. Inspection of the structure shall be made following installation of the wall, ceiling and floor insulation and exterior windows and before wall coverings are installed. 15.06.060 IRC Section R109.1.5.3. IRC Section R109.1.5 (Other inspections) is amended by the addition of a new subsection R109.1.5.3, to read as follows: Foundation Lot Certificate. A Foundation Lot Certificate ("FLC") with setback dimensions prepared and sealed by a Colorado Professional Land Surveyor shall be provided to the Firestone building department no less than three working days prior to requesting a rough inspection of any required building inspection including rough building, mechanical, plumbing, and electrical. • 15.06.065 IRC Section R109.1.5.4. IRC Section R109.1.5 (Other inspections) is amended by the addition of a new subsection R109.1.5.4, to read as follows: Improvement Location Certificate; Grading Certificate. A final Improvement Location Certificate ("ILC") and grading certificate shall be submitted to the Firestone building department no less than three working days prior to requesting a final building Inspection. Both the ILC and the final Grading Certificate shall not be older than thirty days of the requested inspection. A grading certificate shall be based on the approved grading plan recorded by the town. An ILC shall be based on the approved plat recorded by the town An ILC and Grading certificate shall be prepared by a Colorado licensed Engineer or Surveyor and sealed. 15.06.070 IRC Section R112.1. IRC Section R112.1 (General) is deleted in its entirety and replaced as follows: In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals consisting of three members. This board shall be composed of a person appointed by the Town Manager, a person appointed by the appellant, and a person . appointed by the two appointees. The building official shall be an ex officio member of and shall act as the secretary to the board but shall have no vote on any matter before the committee. The board members shall serve for the duration of the appeal. The board shall conform to the standard rules of procedure governing Town Boards and Commissions and shall render their decisions and findings in writing to the appellant, with a duplicate copy to the Building Official. A party may appeal the board's decision to the Board of Trustees in accordance with the procedure set forth in Section 112.4 of this code. 15.06.075 IRC Section R112.3. IRC Section R112.3 (Qualifications) is amended to read as follows: The board of appeals shall consist of members who are qualified by experience and training, as verified by the Building Official, to pass on matters pertaining to building construction. The board members may not be employees of either the jurisdiction or the appellant. The board members may not be personally, financially, contractually, professionally, or otherwise indebted, obligated, or bound to the appellant in any manner, nor may they be in any position where they might receive benefit, either personally or professionally, from any decision rendered. 15.06.080 IRC Section R112.4. IRC Section 112.4 (Board of Trustees review of decisions rendered by the Board of Appeals).is 0 enacted to read as follows: To appeal a decision of the Board of Appeals a art must within fifteen 15 calendar days of pp Pp party � { ) Y the board's decision, submit a request for review to the Town Clerk. After submittal of a request for review the Building Official shall, within fifteen (15) calendar days, prepare a certified record. Within thirty (30) calendar days of submittal of a request for review the Board of Trustees shall, based only upon its review of the record, decide to uphold, overturn or modify the decision of the Board of Appeals. The Board of Trustees shall provide the parties a copy of its decision within seven calendar days of making same. 15.06.085 IRC Section R202. IRC Section R202 (Definitions) is amended by addition of the following: Sleeping Room (Bedroom). A sleeping room (bedroom) is any enclosed habitable space within a dwelling unit, which complies with the minimum room dimension requirements of IRC Sections 304 and 305 and contains a closet, an area that is usable as a closet, or an area that is readily convertible for use as a closet. Living rooms, family rooms and other similar habitable areas that are so situated and designed so as to clearly indicate these intended uses, shall not be interpreted as sleeping rooms. 15.06.090 IRC Table R301.2 (1). 0 IRC Table R301.2 (1) as amended is adopted to read as follows: Table R301.2 (1) Climatic and Geographic Design Criteria 15.06.095 IRC Section R310.1. IRC Sections R310.1 (Emergency escape and rescue opening required) is deleted in its entirety and replaced as follows: Emergency escape and rescue opening required. Basements, habitable attics and every sleeping room shall have not less than one operable emergency escape and rescue opening. Seismic Winter Ice Barrier Flood Air McGn Wind Design Design Subject to Damage From Design Underlayment Hazards Freezing Annual Grou-id Category Temp Required Index Temp Snow Basic Topographic Weathering Frost Termite Load (pso Wind Effects Line Speed . Depth M (inches) 1°F YES 2014 1000 45" F 115 NO B Severe 30 I Slight to AL— moderate Where basements contain one or more sleeping rooms, an emergency escape and rescue r • opening shall be required in each sleeping room. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court that opens to a public way. In new construction, windows and window wells in unfinished basements shall meet all the requirements of section R310. 1.1 through R310.2.4. Exceptions: 1. Storm shelters and basements used only to house mechanical equipment not exceeding a total floor area of 200 square feet (18.58 m2). 15.06.100 IRC Section R310.2.3.1. IRC Section R310.2.3.1 (Ladder and steps) is amended to read as follows: Window wells with a vertical depth greater than 44 inches (1118 mm) shall be equipped with a permanently affixed ladder or steps usable with the window in the fully open position. Ladders or steps required by this section shall not be required to comply with Section R311.7. Ladders or rungs shall have an inside width of not less than 12 inches (305 mm), shall project not less than 3 inches (76 mm) from the wall and shall be spaced not more than 18 inches (457 mm) on center vertically for the full height of the window well. Only one window well ladder shall be required in an unfinished basement. 15.06.105 IRC Section R313.2. • IRC Section R312.2 One- and two-family dwellings automatic fire sprinkler m ( y g p systems) is deleted in its entirety and replaced as follows: An automatic residential fire sprinkler system shall not be required to be -installed in one- and two-family dwellings. Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system. R313.2.1 Design and installation. Automatic residential fire sprinkler systems shall be designed and installed in accordance with Section P2904 or NFPA 13D. 15.06.110 IRC Section R315.3. IRC Section R315.3 (Location) is deleted in its entirety and replaced as follows: Carbon monoxide detection shall be installed in dwelling units within 15 feet of each separate sleeping area. Where a fuel -burning appliance is located within a bedroom or its attached • bathroom, carbon monoxide detection shall be installed within the bedroom. 15.06.115 IRC Section R401.2. IRC Section R401.2 (Requirements) is amended to read as follows: Foundation construction shall be capable of accommodating all loads in accordance .with Section R301 and of transmitting the resulting loads to the supporting soil. Fill soils that support footings and foundations shall be designed, installed and tested in accordance with accepted engineering practice. Foundations for new dwellings or additions to existing dwellings shall be designed and the construction drawings stamped by a Colorado registered design professional. The foundation design must be based on an engineer's soils report. The drawings must be noted with the engineering firm name, specific location for design and soils report number. A site certification prepared by State of Colorado registered design professional is required for setback verification on all new Group R Division 3 occupancies. 15.06.120 IRC Section R405.1. IRC Section R405.1 (Concrete or masonry foundations) is amended by the addition of the following provision, to read as follows: All foundation drains shall be designed and'inspected by a State of Colorado registered design professional. 15.06.125 IRC Section R905.2.8.3. IRC Section R905.2.8.3 (SidewaIl flashing) is amended to read as follows: Base flashing against a vertical sidewall shall be step flashing and shall be not less than 4 inches (102 mm) in height and 4 inches (102 mm.) in width and shall direct water away from the vertical sidewall onto the roof or into .the gutter. Where siding is provided on the vertical sidewall, the vertical leg of the flashing shall be continuous under the siding. Where anchored masonry veneer is provided on the vertical sidewall, the base flashing shall be provided in accordance with this section and counterflashing shall be provided in accordance with Section R703.8.2.2. Where exterior plaster or adhered masonry veneer is provided on the vertical sidewall, the base flashing shall be provided in accordance with this section and Section R703.6. 15.06.130 IRC Section G2415.12. IRC Section G2415.12 (Minimum burial depth) is amended by the addition of the following provision, to read as follows: All plastic fuel gas piping shall be installed a minimum of 18 inches (457 mm) below grade. 15.06.135 IRC Section G2415.12.1. IRC Section G2415.12.1 Individual outside appliances) is deleted in its entirety. ( pP ) Y 0 15.06.140 IRC Section G2417.4.1. IRC Section G2417.4.1 (Test pressure) is amended to read as follows: The test pressure to be used shall be not less than 1 and 112 times the proposed maximum working pressure, but not less than 10 psig (20 kPa gauge), irrespective of design pressure. Where the test pressure exceeds 125 psig (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. 15.06.145 IRC Section G2417.4.2. IRC Section G2417.4.2 (Test duration) is amended to read as follows: The test duration shall be not less than 15 minutes. f 15.06.150 IRC Section P2503.5.1. IRC Section P2503.5.1 Rough plumbing. is amended to read as follows: DWV systems shall be tested on completion of the rough piping installation by water or air without evidence of leakage. Either test shall be applied to the drainage system in its entirety or in sections after rough -in piping has been installed, as follows: 15.06.155 IRC Section P2603.5.1. IRC Section P2603.5.1 (Sewer depth) is amended to read as follows: Building sewers that connect to private sewage disposal systems shall be not less than 12 inches (305 mm) below finished grade at the point of septic tank connection. Building sewers shall be not less than 12 inches (305 mm) below grade. 15.06.160 IRC Section P2913. IRC Section P2913 (Reclaimed water systems) is deleted in its entirety. 15.06.165 IRC Section P3103.1.1. IRC Section P3103.1.1 (Roof extension) is amended to read as follows: Open vent pipes that extend through a roof that do not meet the conditions of Section P3103.1.2 or P3103.1.3 shall terminate not less than 12 inches (300mm) above the roof or 12 inches is (300mm) above the anticipated snow accumulation, whichever is greater. • Section 3. Chapter 15.08, "National Electric Code" of the Firestone Municipal Code is hereby repealed in its entirety and re-enacted to read as follows: Chapter 15.08 National Electrical Code. 15.08.010 Adoption of the National Electrical Code. The National Electrical Code (also known as NFPA 70) 2020 Edition, as published by the National Fire Protection Association, One Batterymarch Park, Quincy, MA 02169, (referenced in this chapter as the NEC), is hereby adopted by reference as the Town of Firestone Electrical Code (thereinafter referred to as "this code"), as if fully set out in this codification. Section 4. Chapter. 15.10, "International Existing Building Code," of the Firestone Municipal Code is hereby repealed in its entirety and re-enacted to read as follows: Chapter 15.10 International Existing Building Code. 15.10.010 Adoption of the International Existing Building Code. The International Existing Building Code, 2018 Edition, as published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478, Chapters 1 through • 16 inclusive (referenced in this chapter as the IEBC and thereinafter referred to as "this code"), is hereby adopted by reference as the Town of Firestone Existing Building Code, as if fully set out in this codification with, however, the amendments indicated in the following sections of this chapter. 15.10.015 IEBC Section 101.1. IFGC Section 101.1 (Title) is amended to read as follows: These regulations shall be known as the Existing Building Code of the Town of Firestone, hereinafter referred to as "this code." 15A0.020 IEBC Section 1401.2. IEBC Section 1401:2 (Conformance) is deleted in its entirety and replaced as follows: Structures moved into or within the jurisdiction shall comply with the provision of this code for new structures. Section 5. Chapter 15.12, "International Fuel Gas Code," of the Firestone Municipal Code is hereby repealed in its entirety and re-enacted to read as follows: 0 • Chapter 15.12 International Fuel Gas Code. 15.12.010 Adoption of the International Fuel Gas Code. The International Fuel Gas Code, 2018 Edition, as published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478 (referenced in this chapter as the IFGC and thereinafter referred to as "this code"), Chapters 1 through 8 inclusive is hereby adopted by reference as the Town of Firestone Fuel Gas Code, as if fully: set out in this codification with, however, the amendments indicated in the following sections of this chapter. 15.12.015 IFGC Section 101.1. IFGC Section 10 1. 1 (Title) is amended to read as follows: These regulations shall be known as the Fuel Gas Code of the Town of Firestone, hereinafter referred to as "this code." 15.12.020 IFGC Section 40412. IFGC Section 404.12 (Minimum burial depth) is amended to read as follows: Underground piping systems shall be installed a minimum depth of 12 inches (305 mm) below grade. All plastic fuel gas piping shall be installed a minimum of 18 inches (457 mm) below grade. 15.12.025 IFGC Section 404.12.1: IFGC Section 404.121 (Individual outside appliances) is deleted in its entirety. 15.12.030 IFGC Section 406.4.1. IFGC Section 406.4.1 (Test pressure) is amended to read as follows: The test pressure to be used shall be not less than 11/2 times the proposed maximum working pressure, but not less than 10 psig -(20 kPa gauge), irrespective of design pressure. Where the test pressure exceeds 125 psig (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. 1. 15.12.035 IFGC Section 406.4.2. IFGC Section 406.4.2 (Test duration) is amended to read as follows: • Test duration shall be not less than 1/2 hour for each 500 cubic feet (14 m3) of pipe volume or fraction thereof When testing a system having a volume less than 10 cubic feet (0.28 m3) or a system in a single- family dwelling, the test duration shall be not less than U3 minutes. The duration of the test shall not be required to exceed 24 hours. Section 6. Title 15 of the Firestone Municipal Code is hereby amended by the addition of a new chapter 15.14, to read as follows: Chapter 15.14 International Mechanical Code. 15.14.010 Adoption of the International Mechanical Code. The International Mechanical Code 2018 Edition, as published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 66478, Chapters 1 through 15 inclusive is hereby adopted by reference as the Town of Firestone Mechanical Code (referenced in this chapter as the IMC and thereinafter referred to as "this code"), as if fully set out in this codification with, however, the amendments indicated in the following sections of this chapter. 15.14.015 IMC Section 101.1. IMC Section 10 1. 1 (Title) is amended to read as follows: These regulations shall be known as the Mechanical Code of the Town of Firestone, hereinafter referred to as "this code." Section 7. Chapter 15.16, "International Plumbing Code," of the Firestone Municipal Code is hereby repealed in its entirety and re-enacted to read as follows: Chapter 15.16 International Plumbing Code. 15.16.010 Adoption of the International Plumbing Code. The International Plumbing Code 2018 Edition, as published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478, Chapters 1 through 15 inclusive is hereby adopted by reference as the Town of Firestone Plumbing Code (referenced in this chapter as the IPC and thereinafter referred to as "this code"), as if fully set out in this codification with, however, the amendments indicated in the following sections of this chapter. 15.16.015 IPC Section 101.1. IPC Section 10 1. 1 (Title) is amended to read as follows: These regulations shall be known as the Plumbing Code of the Town of Firestone, hereinafter referred to as "this code." 0 0 15.16.020 IPC Sections 103, 104,105, 106, 107,108 and 109. IPC Sections 103 (Department of Plumbing Inspection), 104 (Duties and powers of the code official), 105 (Approval), and 106 (Permits), 107 (Inspections and Testing), 108 (Violations), and 109 (Means of Appeals) are deleted in their entirety. 15.16.025 IPC Section 103. IPC Section 103 (Administrative provisions) is enacted to read as follows: Sections 103 through Section 116, inclusive, of the Building Code, as adopted and amended by the Town, shall serve to provide the administrative, organizational and enforcement rules and regulations for this code. 15.16.030 IPC Section 305.4.1. IPC Section 305.4.1 (Sewer depth) is amended to read as follows: Building sewers that connect to private sewage disposal systems shall be installed not less than 12 inches (304.8 mm) below finished grade at the point of septic tank connection. Building sewers shall be installed not less than 12 inches (304.8 mm) below grade. 0 15.16.035 IPC Section 312.3. IPC Section 312.3 (Drainage and vent air test) is amended to read as follows: An air test shall be made by forcing air into the system until there is a uniform gauge pressure of 5 psi (34.5 kPa) or sufficient to balance a 10-inch (254 mm) column of mercury. This pressure shall be held for a test period of not less than 15 minutes. Any adjustments to the test pressure required because of changes in ambient temperatures or the seating of gaskets shall be made prior to the beginning of the test period. 15.16.040 IPC Section 903.1. IPC Section 903.1 (Roof extension) is amended to read as follows: Open vent pipes that extend through a roof shall be terminated not less than 12 inches (152.4 mm) above the roof. Where a roof is to be used for assembly or as a promenade, observation deck, sunbathing deck or similar purposes, open vent pipes shall terminate not less than 7 feet (2134 mm) above the roof. 15.16.045 IPC Section 1304. IPC Section 1304 (Reclaimed water systems) is deleted in its entirety. 0 0 0 Section 8. Title 15 of the Firestone Municipal Code is hereby amended by addition of a new chapter 15.18, to read as follows: Chapter 15.18 International Property Maintenance Code 15.18.010 Adoption of the International Property Maintenance Code. The International Property Maintenance Code 2018 Edition, as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478, Chapters 1 through 8 inclusive, is hereby adopted by reference as the Town of Firestone Property Maintenance Code (referenced in this chapter as the IPMC and thereinafter referred to as "this code") as if fully set out in this ordinance with the additions, deletions, insertions and changes as follows. 15.18.015 IPMC Section 101.1. 1 IPMC Section 10 1. 1 (Title) is amended to read as follows: These regulations shall be known as the Property Maintenance Code of the Town of Firestone, hereinafter referred to as "this code." 15.18.020 IPMC Section 102.3. IPMC Section 102.3 (Application of other codes) is amended to read as follows: Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International l Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code and National Electric Code. 15.18.025 IPMC Section 103.5. IPMC Section 103.5 (Fees) is deleted in its entirety. 15.18.030. IPMC Section 111. IPMC Section 111 (Means of Appeal) is deleted in its entirety and replaced as follows: Section 113 and Appendix Chapter K of the Building Code, as adopted and amended by the Town, shall serve to provide the administrative appeal procedural rules and regulations for this code. Section 9. Title 15 of the Firestone Municipal Code is hereby amended by addition of a new chapter 15.20, to read as follows: • Chapter 15.20 International Swimming Pool and Spa Code. 15.20.010 Adoption of the International Swimming Pool and Spa Code. The International Swimming Pool and Space Code 2018 Edition, as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478, Chapters 1 through 11 inclusive, is hereby adopted by reference as the Town of Firestone Swimming Pool and Spa Code (referenced in this chapter as the ISPSC and thereinafter referred to as "this code") as if fully set out in this ordinance with the additions, deletions, insertions and changes as follows. 15.20.015 ISPSC Section 101.1. ISPSC Section 101.1 (Title) is amended to read as follows: These regulations shall be known as the Swimming Pool and Spa Code of the 'Town of Firestone, hereinafter referred to as "this code." Section 10. Chapter 15.32, "Fire Code," of the Firestone Municipal Code is hereby repealed in its entirety and re-enacted to read as follows: Chapter 15.32 International Fire Code. 15.32.010 Adoption of the International Fire Code. The International Fire Code, 2018 Edition, as published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478, (the "International Fire Code"), Chapters 1-80 inclusive and Appendix Chapters A-N (referenced in this chapter as "IFC" and thereinafter referred to as "this code"), is hereby adopted by reference as the Fire Code of and for the Town of Firestone ("Town"), as if fully set out in this ordinance, except for such portions as are hereinafter deleted or amended in the following sections of this chapter. 15.32.015 IFC Section 109.1. IFC Section 109.1 (Board of appeals established) is deleted in its entirety and replaced as follows: In order to hear and decide appeals of orders, decisions or determinations made by the fire code official in the application and interpretation of this code, there is hereby created a board of appeals. The three - member board of appeals shall be comprised of the Chief Building Official, the Fire Chief, and an independent fire safety engineer, architect, industrial hygienist or other qualified individual with expertise in interpreting and applying this code with respect to the specific issues being appealed, and who is mutually agreed upon by the Chief Building Official and the Fire Chief. The board of appeals may adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a copy to the fire code official. 0 15.32.020 IFC Section 109.3. IFC Section 109.3 (Qualifications) is deleted in its entirety. 15.32.025 IFC Section 109.4. IFC Section 109.4 (Board of Trustees review of decisions rendered by the board of appeals) is hereby created and enacted to read as follows: To appeal a decision of the board of appeals, a party must, within fifteen (15) calendar days of the board's decision, submit a request for review to the town clerk. After submittal of a request for review, the fire code official shall, within 15 days, prepare a certified record. Within thirty (30) calendar days of submittal of a request for review, city council shall, based only upon its review of the record, decide to uphold, overturn or modify the decision of the board of appeals. The Board of Trustees shall provide the parties a copy of its decision within seven calendar days of making same. 15.32.025 IFC Section 202. IFC Section 202 (General definitions) is amended by changing the following general definitions: (a) Educational Group E is amended to read as follows: [BG] Educational Group E. Educational Group E occupancy includes, among others, the use of a building or structure, or a portion thereof, by seven or more persons at any one time for educational purposes through the 12th grade. [BG] Group E, day care facilities. This group includes buildings and structures or portions thereof occupied by more than six children who receive educational, supervision or personal care services for less than 24 hours per day. [BG] Six or fewer children. A facility having six or fewer children receiving such care shall be classified as part of the primary occupancy. [BG] Six or fewer children in a dwelling unit. A facility such as the above within a dwelling unit and having six or fewer children receiving such care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code. 15.32.030 IFC Section 904.1. IFC Section 904.1 (General) is amended to read as follows: Automatic fire -extinguishing systems, other than automatic sprinkler systems, shall be designed, installed, inspected, tested and maintained in accordance with the provisions of this section and the applicable referenced standards. Alarms shall be required to indicate the • operation of alternative automatic fire -extinguishing systems, distinctive audible, visible alarms and warning signs shall be provided to warn of pending agent discharge. All alternative automatic fire -extinguishing systems shall be monitored by a building fire alarm system in accordance with NFPA 72. 15.32.035 IFC Section 904.3.4. IFC Section 904.3.4 (Alarms and warning signs) is amended to read as follows: Alarms shall be required to indicate the operation of automatic fire -extinguishing systems, distinctive audible, visible alarms and warning signs shall be provided to warn of pending agent discharge. Where exposure to automatic -extinguishing agents poses a hazard to persons and a delay is required to ensure the evacuation of occupants before agent discharge, a separate warning signal shall be provided to alert occupants once agent discharge has begun. Audible signals shall be in accordance with Section 907.5.2. 15.32.040 IFC Section 904.3.5. IFC Section 904.3.5 (Monitoring) is amended to read as follows: An automatic fire -extinguishing system shall be monitored by a building fire alarm system in accordance with NFPA 72. 15.32.045 IFC Section 907.2.7.1. fFC Section 907.2.7.1 (Occupation notification) is deleted in its entirety. 15.32.050 Appendix A (Board of Appeals) of the IFC. Appendix A of the IFC (Board of Appeals) is deleted in its entirety and replaced as follows: Appendix A — Board of Appeals Section A101— General. AIOLI Scope. A board of appeals shall be established within the jurisdiction for the purpose of hearing applications for modification of the requirements of the International Fire Code pursuant to the provisions of Section 108. The board shall be established and operated in accordance with this section, and shall be authorized to hear evidence from appellants, the fire code official, and other interested parties pertaining to the application and intent of this code for the purpose of issuing orders pursuant to these provisions. A101.2 Membership. The three -member board shall consist of the Chief Building Official, the Fire Chief, and an independent fire safety engineer, is architect, industrial hygienist or other qualified individual with expertise in interpreting and applying this code with respect to the issues being appealed. The Fire Chief and the Chief Building Official shall mutually agree upon the individual to serve as the third board member. Al01.3 Quorum. All three members of the board are required for a quorum. In varying the application of any provisions of this code or in modifying an order of the fire code official, an affirmative vote of at least two of the three board members is required. A 101.4 Secretary of the Board. The Fire District's Administrative Assistant shall serve as the secretary of the board and shall keep a detailed record of all its proceedings, which shall set forth the reasons for its decisions, and the vote of each member. A101.5 Meetings. The board shall meet within. ten (10) days after notice of appeal has been received, or as soon thereafter as practicable. A101.6 Procedures. The board shall establish rules and regulations for its own procedures not inconsistent with the provisions of the Firestone Municipal Code and laws of the State of Colorado. A101.7 Decisions. Every decision shall be promptly filed in writing in the office of the fire code official, the town administrator, and town clerk and shall be open to public inspection. A copy of such decision shall be kept publicly posted in the office of the fire code official for twenty-one days (21) days after filing. A certified copy of the final board decision shall be sent by mail or otherwise to the appellant by the fire code official. A101.8 Board of Trustees Review. The town board of trustees, at its discretion and by motion, may call up any decision of the board within twenty-one (21) days after the date of issuance of the board's written decision. In the event of such call up, the following shall apply: A101.8.1 The board of trustees shall consider the board's decision at a public hearing held subsequent to the meeting at which the decision was called up, and notice of such public hearing shall be provided to the appellant at least five (5) days in advance of the public hearing. A101.8.2 The board of trustees call up review shall be de novo; in addition to the information submitted at its public hearing, the board of trustees may receive and consider the board's minutes, any staff reports, and reviews and recommendations provided by town staff or fire district staff, and such other information as the board of trustees determines relevant to review of the decision subject to its call up. A101.8.3. The board of trustees may uphold, reverse or modify the decision of the board subject to its call up. The board of trustees' decision shall be promptly filed in writing in the office of the fire code official and the town clerk and shall be open to public inspection. A copy of such board of trustee's decision shall be kept publicly posted in the office of the fire code official for twenty-one days (21) days after filing. A certified copy of the final board of trustees' decision shall be sent by mail or otherwise to the appellant by the town clerk. A101.8.4 Failure of the board of trustees to call up a decision of the board prior to the expiration of twenty-one (21) days after the date of issuance of the board's written decision shall render the board's decision final for purposes of judicial review Section 11. Chapter 15.36, "International Energy Conservation Code," of the Firestone Municipal Code is hereby repealed in its entirety and re-enacted to read as follows: Chapter 15.36 International Energy Conservation Code. 15.36.010 Adoption of the International Energy Conservation Code. The International Energy Conservation Code 2012 Edition, as published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478, Chapters 1 through X inclusive is hereby adopted by reference as the Town of Firestone Energy Conservation Code (referenced in this chapter as the IECC and thereinafter referred to as "this code"), as if fully set out in this codification with, however, the amendments indicated in the following sections of this chapter. 15.36.015 IECC Section 101.1. IECC Section 101.1 (Title) is amended to read as follows: These regulations shall be known as the Energy Conservation Code of the Town of Firestone, and shall be cited as such. It is referred to herein to as "this code." 15.36.020 IECC: Part-2 Administration and Enforcement. IECC Part-2 Administration and Enforcement is enacted to read as follows: Sections 103 through Section 116, inclusive, of the Building Code, as adopted and amended by the City, shall serve to provide the administrative, organizational and enforcement rules and regulations for this code. Section 12. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 13. Violations of this ordinance shall be punishable in accordance with Section 1.16.010 of the Municipal Code of the Town of Firestone, Colorado, which reads in its entirety as follows: A. No person shall violate any of the provisions of the ordinances of the Town. Except in cases where a different punishment is prescribed by any ordinance of the Town, any person, at least ten years of age but not yet eighteen years of age, who violates any of the provisions of the ordinances of the Town, shall be punished by a fine not exceeding, at the time of the commission of the offense, the maximum fine established by the state for municipal ordinance violations. B. No person shall violate any of the provisions of the ordinances of the Town. Except in cases where a different punishment is prescribed by any ordinance of the Town, any person eighteen years of age or older at the time of the violation, who violates any of the provisions of the ordinances of the Town, shall be punished by a fine not exceeding, at the time of the commission of the offense, the maximum fine established by the state for municipal ordinance violations or by imprisonment not to exceed 364 days, or both such fine and imprisonment. C. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Firestone, Colorado, is committed, continued or permitted by any such person, and he or she shall be punished accordingly. Section 14. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or :any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 15. Copies of the International Building Code, National Electrical Code, International Plumbing Code, International Mechanical Code, International Energy Conservation Code, International Fuel Gas Code, International Property Maintenance Code, International Swimming Pool and Spa. Code, International Residential Code, International Fire Code and International Existing Building Code, as referenced herein in this ordinance shall be available for inspection at the Office of the City Clerk. Section 14. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED IN S FULL this _th day of )2020. ORDINANCE NO.980 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO AUTHORIZING THE FINANCING OF THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS AND THE REFINANCING OF CERTAIN OUTSTANDING LEASE OBLIGATIONS; AUTHORIZING THE EXECUTION AND DELIVERY OF AMENDMENTS TO 2018 AND 2019 SITE LEASES AND 2018 AND 2019 LEASE PURCHASE AGREEMENTS AND APPROVAL OF CERTAIN OTHER DOCUMENTS AND MATTERS RELATED THERETO; AND AUTHORIZING OFFICIALS OF THE TOWN TO TAKE ALL ACTION NECESSARY THERETO NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE: Section 1. Recitals. (A) The Town of Firestone, Colorado (the "Town") is a statutory town duly organized and existing under the Constitution and laws of the State of Colorado (the "State"). (B) Members of the Board of Trustees of the Town (the `Board") have been duly elected and qualified. (C) The Town is authorized by Section 31-15-101(l)(d), Colorado Revised • Statutes ("C.R.S."), to acquire, hold, lease, and dispose of property, both real and personal. (D) The Town is authorized by Section 31-15-801, C.R.S., to enter into rental or leasehold agreements in order to provide necessary land, buildings, equipment and other property for governmental or proprietary purposes. (E) The Town is authorized by Section 31-15-713(1)(c), C.R.S. to lease any real estate, together with any facilities thereon, owned by the Town when deemed by the governing body to be in the best interest of the Town (F) Pursuant to such authority, and in order to finance the acquisition of certain real estate located at the southeast corner of Colorado Boulevard and Sable Avenue, and the buildings and/or improvements, if any, located thereon, the. Town and the Firestone Finance Authority (the "Authority") previously executed and delivered: a. A Lease Purchase Agreement dated as of May 1, 2005 (the "Original 2005 Lease"), by and between the Town, as lessee, and the Authority, as lessor; a First Amendment to Lease Purchase Agreement dated as of August 1, 2006 {the "First Amendment to 2005 Lease, and together with the Original 2005 Lease, the "2005 Lease"), by and between the Town, as lessee, and the Authority, as lessor; and b. A Mortgage and Indenture of Trust dated as of May 1, 2005 (the "Original 2005 Indenture"), by and between the Authority and Valley Bank & Trust (now Midwest Trust), as trustee thereunder (the "2005 Trustee"); a First Supplemental Mortgage and Indenture of Trust dated as of August 1, 2006 (the "First Supplement to 2005 Indenture" and together with the Original 2005 Indenture, the "2005 Indenture"), by and between the Authority and the 2005 Trustee, as trustee thereunder; and c. A Special Warranty Deed dated as of May 31, 2005, conveying the Leased Property (as defined in the 2005 Lease) (the "2005 Leased Property") from the Authority to the Town, a Quitclaim Deed conveying certain water and water rights from the Authority to the Town, and a Bargain and Sale Deed conveying certain real property from the Authority to the Town (collectively, the "Escrowed Deeds") to be held in escrow by the 2005 Trustee until the Town shall have paid the applicable Purchase Option Price or all Base Rentals and then current Additional Rentals as provided in Section 11.1 of the 2005 Lease. (G) Pursuant to the 2005 Indenture, there were executed and delivered Certificates of Participation, Series 2005 (the "2005 Certificates"), evidencing assignments of the right to receive certain revenues pursuant to the 2005 Lease. (H) The 2005 Certificates are currently outstanding in the aggregate principal amount of $830,000. t (1) Also pursuant to such authority, and in order to finance the acquisition, construction and installation of a police building, to include a court facility and a multipurpose police training/community room and related machinery, equipment and tangible personal property (the "2018 Project"), the Town previously entered into a Site Lease Agreement, dated as of April 26, 2018 (the "2018 Site Lease"), pursuant to which the Town leased to UMB Bank, n.a. (the "2018 Trustee"), acting solely in its capacity as trustee under an Indenture of Trust dated as of April 26, 2018 (the "2018 Indenture"), certain real property owned by the Town (the "2018 Site"), which 2018 Site and the 2018 Project constructed thereon (the "2018 Leased Property") was leased back to the Town by the 2018 Trustee pursuant to the terms of a Lease Purchase Agreement dated as of April 26, 2018 (the "2018 Lease"). (J) The 2018 Site Lease, the 2018 Lease and the 2018 Indenture are hereafter referred to as the "2018 Financing Documents." (K) Also pursuant to such authority and in order to finance the acquisition and construction of certain improvements to the existing Town Hall facility, the acquisition and construction of improvements to the public works facility, and the acquisition of certain telecommunication equipment improvements and other improvements to certain other Town owned facilities (the "2019 Project"), the Town entered into a Site Lease Agreement dated as of June 12, 2019 (the "2019 Site Lease"), pursuant to which the Town leased to UMB Bank, n.a. (the "Trustee"), solely in its capacity as trustee under an Indenture of Trust dated as of June 12, 2019 (the "2019 Indenture"), certain property (the "2019 Site") and the buildings located thereon (collectively, the "2019 Leased Property"), which 2019 Leased Property was leased back to the 0) .i Town from the Trustee pursuant to the terms of a Lease Purchase Agreement dated as of June 12, 2009 (the "2019 Lease"). (L) The consideration received by the Town pursuant to the 2019 Site Lease was delivered to the Town under the 2019 Indenture and was to be used for the construction of the 2019 Project. (M) Pursuant to the 2019 Indenture there were executed and delivered certain Certificates of Participation, Series 2019 (the "2019 Certificates"), in the original principal amount of $5,585,000. (N) A portion of the proceeds of the 2019 Certificates were expected to be utilized to finance the construction of the 2019 Project. (0) The 2019 Site Lease, the 2019 Lease and the 2019 Indenture are collectively referred to herein as the "2019 Financing Documents." (P) The 2019 Certificates were purchased by JPMorgan Chase Bank, N.A., as the Initial Purchaser (the "Initial Purchaser"), who is the current owner of 100% of the 2019 Certificates outstanding. (Q) Subsequent to the execution and delivery of the 2019 Certificates, the Board determined, and now hereby determines, that it is in the best interest of the Town and the residents and taxpayers to utilize a portion of the proceeds of the 2019 Certificates, along with procceds of the hereinafter defined 2020 Certificates, to construct a new Town Hall facility (the "Town Hall Project" and together with the 2019 Project, the "201912020 Project") on a portion the 2018 Site and to fully refund, pay and defease the outstanding 2005 .Certificates (the "Refunding Project" and together with 2019/2020 Project, the "Project"). (R) Pursuant to Section 2.08 of the 20.19 Indenture; under certain conditions, Additional Certificates may be executed and delivered under the terms of the 2019 Indenture upon the prior written consent of the Initial Purchaser if at such time it is Owner of 100% of the 2019 Certificates then Outstanding. (S) Pursuant to Section 9.01 and 9.03 of the 2019 Indenture, the 2019 Financing Documents may be amended, with the prior written consent of the Initial Purchaser if at such time it is the Owner of 100% of the 2019 Certificates then Outstanding, to authorize the execution and delivery of Additional Certificates for the purposes and under the conditions set forth in Section 2.08 of the 2019 Indenture. (T) , The Initial Purchaser has consented to the execution and delivery of Additional Certificates under the terms of the 2019 Indenture and to the amendment of the 2019 Financing Documents. (U) In order to complete construction of the 2019,12020 Project and to effect the Refunding Project, the Board has determined, and now hereby determines, that it is in the best • interest of the Town and its inhabitants to amend and supplement the 2019 Indenture (the "First ' Supplement to 2019 Indenture" or, together with the 2019 Indenture, the "Indenture"), the 2019 M Lease (the "First Amendment to 2019 Lease" or, together with the 2019 Lease, the "Lease") and the 2019 Site Lease (the "First Amendment to 2019 Site Lease" or, together with the 2019 Site Lease, the "Site Lease") to authorize the execution and delivery of Certificates of Participation, Series 2020 (the "2020 Certificates"), the proceeds of which, when combined with the proceeds of the 2019 Certificates, shall be used to finance the acquisition, construction, installation, and equipping of the 2019/2020 Project and to effect the Refunding Project. (V) In connection with the Refunding Project, the 2005 Leased Property will be released from the terms and provisions of the 2005 Lease and the 2005 Indenture and the Authority's interest in such 2005 Leased Property will be conveyed to the Town by the release of the Escrowed Deeds by the 2005 Trustee to the Town for recording. (W) . The 2020 Certificates will be purchased by the Initial Purchaser. (X) The 2020 Certificates will be executed and delivered pursuant to certain amendments to the 2019 Financing Documents as further described below: a. Pursuant to the Lease, and subject to the right of the Town to terminate the Lease and other limitations as therein provided, the Town will pay certain recalculated Base Rentals and Additional Rentals (as such terms are defined in the Lease) in consideration for the right of the Town to use the Leased Property (as more particularly described in the Lease). b. The Town's obligation under the Lease to pay recalculated Base Rentals and Additional Rentals shall be from year to year only; shall constitute currently budgeted expenditures of the Town; shall not constitute a mandatory charge or requirement in any ensuing budget year; and shall not constitute a general obligation or other indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any constitutional or statutory limitation or requirement concerning the creation of indebtedness or multiple fiscal year financial obligation, nor a .mandatory payment obligation of the Town in any ensuing fiscal year beyond any fiscal year during which the Lease shall be in effect. c. The Trustee will execute and deliver the First Supplement to 2019 Indenture, pursuant to which there is expected to be executed and delivered the 2020 Certificates, dated as of their date of delivery, that shall evidence proportionate interests in the right to receive certain Revenues (as defined in the Lease), shall be payable solely from the sources therein provided and shall not directly or indirectly obligate the Town to make any payments beyond those appropriated for any fiscal year during which the Lease shall be in effect. d. The net proceeds of the 2020 Certificates are expected to be used to provide funds, when combined with the 2019 Certificates, in an amount sufficient to finance the costs of the 2019/2020.Project and the Refunding Project and to pay the costs of execution and delivery of the 2020 Certificates. (Y) In order to complete construction of the Town Hall Project, the Town has determined that it is in the best interest of the Town and its inhabitants and taxpayers that a portion 4 6", of the 2018 Site be released from the 2018 Lease and 2018 Site Lease, to allow the new Town Hall to be constructed thereon, and substituted with other real property owned by the Town (collectively, the "Property Substitution"). (Z) Pursuant to Section 11.4 of the 2018 Lease, so long as no Event of Default or Event of Nonappropriation shall have occurred and be continuing, the Town shall be entitled to substitute any improved or unimproved real estate, for any 2018 Leased Property then subject to the 2018 Site Lease, the 2018 Lease, and the 2018 Indenture, upon receipt by the Trustee of a written request of the Town Representative (as defined in the 2018 Lease) requesting such release and substitution and satisfaction of certain conditions contained in the 2018 Lease. (AA) The Town Representative has presented the Trustee with the appropriate certificates and documents to effect such partial release and substitution. (BB) Pursuant to Section 9.03 of the 2018 Indenture, the 2018 Lease and the 2018 Site Lease may be amended without consent of or notice to the Owners of the Certificates (as defined in the 201.8 Indenture), in order to more precisely identify the 2018 Leased Property, including any substitutions, additions or modifications to the 2018 Leased Property as the case may be, as authorized under the 2018 Site Lease and the 2018 Lease. (CC) The Board has determined that it is in the best interests of the Town and its residents and taxpayers that the Town and the 2018 Trustee execute and deliver a First Amendment to 2018 Site Lease Agreement (the "First Amendment to 2018 Site Lease") and First Amendment to 2018 Lease Purchase Agreement (the "First Amendment to 2018 Lease") in order to more precisely identify the 2018 Leased Property after the Property Substitution. (DD) There has been presented to the Board and are on file at the Town offices the following; (i) the proposed form of the First Amendment to 2019 Site Lease; (ii) the proposed form of the First Amendment to 2019 Lease; (iii) the proposed form of the First Amendment to 2018 Site Lease; and (iv) the proposed form of the First Amendment to 2018 Lease. (EE) Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Lease. (FF) Section 11-57-204 of the Supplemental Public Securities Act, constituting Title 11, Article 57, Part 2, Colorado Revised Statutes (the "Supplemental Act"), provides that a public entity, including the Town, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act. (GG) No member of the Board has any conflict of interest or is interested in any pecuniary manner in the transactions contemplated by this ordinance. Section 2. Short Title. This ordinance shall be known and may be cited by the title "2020 COP Ordinance." Z . Section 3. Ratification and Approval of Prior Actions. All action heretofore taken {not inconsistent with the provisions of this ordinance) by the Board. or the officers, agents or employees of the Board or the Town relating to the Site Lease, the Lease, the implementation of the Project and the Property Substitution, the execution and delivery of the First Amendment to 2019 Site Lease, the First Amendment to 2019 Lease, the First Amendment to 2018 Site Lease, the First Amendment to 2018 Lease, and the execution and delivery of the 2020 Certificates is hereby ratified, approved and confirmed. Section 4. Finding of Best Interests. The Board hereby finds and determines, pursuant to the Constitution and the laws of the State of Colorado, that the Project under the terms and provisions set forth in the First Amendment to 2019 Site Lease and the First Amendment to 2019 Lease and the First Supplement to 2019 Indenture, and that the Property Substitution under the terms and provisions of the First Amendment to 2018 Site Lease and the First Amendment to 2018 Lease, are necessary, convenient and in furtherance of the Town's purposes and is in the best interests of the inhabitants of the Town and the Board hereby authorizes and approves the same. Section S. Supplemental Act; Parameters. The Board hereby elects to apply all of the provisions of the Supplemental Act to the First Amendment to 2019 Site Lease and the First Amendment to 2019 Lease, and in connection therewith delegates to the Mayor of the Town (the "Mayor"), the Town Manager of the Town (the "Town Manager") or the Finance Director of the Town (the "Finance Director") the independent authority to make any determination delegable pursuant to Section 11-57-205(1), Colorado Revised Statutes, in relation to the First Amendment to 2019 Site Lease and the First Amendment to 2019 Lease, and to execute a sale certificate (the "Sale Certificate") setting forth such determinations, including without limitation, the term of the Site Lease, the rental amount to be paid by the Trustee pursuant to the Site Lease, the term of the Lease and the rental amount to be paid by the Town pursuant to the Lease, subject to the following parameters and restrictions: (a) the term of the Site Lease shall not extend beyond December 31, 2040; (b) the term of the Lease. shall not extend beyond December 31, 2030; (c) the aggregate principal amount of the Base Rentals payable by the Town pursuant to the First Amendment to 2019 Lease shall not exceed $4,000,000; (d) the maximum annual repayment amount of Base Rentals payable by the Town pursuant to the First Amendment to 2019 Lease shall not exceed $450,000; (e) the maximum total repayment amount of Base Rentals payable by the Town pursuant to the First Amendment to 2019 Lease shall not exceed $4,500,000; and (f) the maximum net effective interest rate on the interest component of the Base Rentals relating to the 2020 Certificates shall not exceed 2.00%. M . Pursuant to Section 11-57-205 of theSupplemental Act, the Board hereby delegates to the Mayor, the Town Manager or the Finance Director the independent authority to acknowledge a contract for the purchase of the 2020 Certificates between the Trustee and the Initial Purchaser (as defined in the Indenture). The Board hereby agrees and acknowledges that the proceeds of the 2019 Certificates and the 2020 Certificates will be used to finance the costs of the Project and to pay other costs of execution and delivery. The Town hereby consents to and acknowledges the execution and delivery of the First Supplement to 2019 Indenture by the Trustee and the use of the proceeds of the 2019 Certificates and the 2020 Certificates to effect the Project. Section 6. Approval of Documents. The First Supplement to 2019 Indenture, the First Amendment to 2019 Site Lease, the First Amendment to 2019 Lease, the First Amendment to 2018 Site Lease, and the First Amendment to 2018 Lease, in substantially the forms presented to the Board and on file with the Town, are in all respects approved, authorized and confirmed, and the Mayor is hereby authorized and directed for and on behalf of the Town to execute and deliver such documents in substantially the forms and with substantially the same contents as presented to the Board, provided that such documents may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this ordinance. Section 7. Authorization to Execute Collateral Documents. The Town Clerk is hereby authorized and directed to attest all signatures and acts of any official of the Town in connection with the matters authorized by this ordinance and to place the seal of the Town on any document authorized and approved by this ordinance. The Mayor and Town Clerk and other appropriate officials or employees of the Town are hereby authorized to execute and deliver for and on behalf of the Town any and all additional certificates, documents, instruments and other papers, and to perform all other acts that they deem necessary or appropriate, in order to implement and carry out the transactions and other matters authorized by this ordinance. The appropriate officers of the Town are authorized to execute on behalf of the Town agreements concerning the deposit and investment of funds in connection with the transactions contemplated by this ordinance, and are specifically authorized and directed hereby to invest such funds in Permitted Investments as are defined and provided in the Indenture. The execution of any instrument by the aforementioned officers or members of the Board, whether executed manually or by electronic signature in accordance with Title 24, Article 71.3, C.R.S., shall be conclusive evidence of the approval by the Town of such instrument in accordance with the terms hereof and thereof. Section S. No General Obligation Debt. No provision of this ordinance, the Site Lease, the Lease, the Indenture, or the 2020 Certificates shall be construed as creating or constituting a general obligation or other indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any constitutional or statutory provision, nor a mandatory charge or requirement against the Town in any ensuing fiscal year beyond the then current fiscal year. The Town shall have no obligation to make any payment with respect to the 2020 Certificates except in connection with the payment of the Base Rentals (as defined in the Lease) -and certain other payments under the Lease, which payments may be terminated by the Town in accordance with the provisions of the Lease. Neither the Lease nor the 2020 Certificates shall constitute a 7 mandatory charge or requirement of the Town in any ensuing fiscal year beyond the then current fiscal year or constitute or give rise to a general obligation or other indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any constitutional or statutory debt limitation and shall not constitute a multiple fiscal year direct or indirect debt or other financial obligation whatsoever. No provision of the Site Lease, the Lease or the 2020 Certificates shall be construed or interpreted as creating an unlawful delegation of governmental powers nor as a donation by or a lending of the credit of the Town within the meaning of Sections 1 or 2 of Article X1 of the Colorado Constitution. Neither the Lease nor the 2020 Certificates shall directly or indirectly obligate the Town to male any payments beyond those budgeted and appropriated for the Town's then current fiscal year. Section 9. Reasonableness of Rentals. The Board hereby determines and declares that the Base Rentals due under the Lease, in the maximum amounts authorized pursuant to Section 5 hereof, constitute the fair rental value of the Leased Property and do not exceed a reasonable amount so as to place the Town under an economic compulsion to renew the Lease or to exercise its option to purchase the Trustee's leasehold interest in the Leased Property pursuant to the Lease. The Board hereby determines and declares that the period during which the Town has an option to purchase the Trustee's leasehold interest in the Leased Property (i.e., the entire maximum term of the Lease) does not exceed the useful life of the Leased Property. The Board hereby further determines that the amount of rental payments to be received by the Town from the Trustee pursuant to the Site Lease is reasonable consideration for the leasing of the Leased Property to the Trustee for the term of the Site Lease as provided therein. Section 10. No Recourse against Officers and Agents. Pursuant to Section 11-57-209 of the Supplemental Act, if a member of the Board, or any officer or agent of the Town acts in good faith, no civil recourse shall be available against such member, officer, or agent for payment of the principal, interest or prior redemption premiums on the 2020 Certificates. Such recourse shall not be available either directly or indirectly through the Board or the Town, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. By the acceptance of the 2020 Certificates and as a part of the consideration of their sale or purchase, any person purchasing or selling a 2020 Certificate specifically waives any such recourse. Section 11. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any such bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. Section 12. Severability. if any section, subsection, paragraph, clause or provision of this ordinance or the documents hereby authorized and approved (other than provisions as to the payment of Base Rentals by the Town during the Lease Term, provisions for the quiet enjoyment of the Leased Property by the Town during the Lease Term and provisions for the conveyance of the Leased Property to the Town under the conditions provided in the Lease) shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause or provision shall not affect any of the remaining provisions of this ordinance or such documents, the intent being that the same are severable. 8 Section 13. Effective Date and Disposition. This ordinance shall be in full force and efect 30 days after its passage and publication. This ordinance, as adopted by the Board, shall be numbered . and recorded by the Town Clerk in the official records of the Town. The adoption and publication shall be authenticated by the signatures of the Mayor and the Town Clerk, and by the certificate of publication. . INTRODUCED, PASSED AND ADOPTED AT A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE THIS 1.4TH DAY OF OCTOBER, 2020. { TOWN OF FIRESTONE, COLORADO �r•' TOWN f 10 SEAL Bobbi Sindelar, Mayor' (SEAL) ATTEST: AP P O AS TO FORM J s ca Koenig, CMC, T Clerk WIllEaIY1 jla5h(, Town AtOtC2jl 1.0 i STATE OF COLORADO COUNTY OF WELD TOWN OF FIRESTONE I, Jessica Koenig, the Town Clerk of the Tows of Firestone, Colorado, do hereby certify: 1. The foregoing pages are a true, correct and complete copy of the Ordinance adopted by the Board of Trustees constituting the governing board of the Town of Firestone (the `Board of Trustees"), by vote had and taken at an open, regular meeting of the Board of Trustees held at the Firestone Police and Municipal Court Facility, 2 Park Avenue, Firestone, Colorado, on October 14, 2020, convening at the hour of 7:00 p.m. as recorded in the regular book of official records of the proceedings of said Town of Firestone kept in my office. 2. The Ordinance was adopted at an open, regular meeting of the Board of Trustees on October 14, 2020, by an affirmative vote of a majority of the voting members of the Board of Trustees, as follows: Name, "Yes" "No'' Absent Abstain Bobbi Sindelar, Mayor (votes only in the event of a tie) Frank A. Jimenez, Mayor Pro Tem Don Conyac Sean Doherty Samantha Meiring Douglas Sharp David Whelan 3. The members of the Board of Trustees were present at the meeting and voted on the passage of such Ordinance as set forth above. 4. There are no bylaws, rules or regulations of the Board of Trustees which might prohibit the adoption of said Ordinance. 5. Notice of the meeting of October 14, 2020, in the form attached hereto as Exhibit A was posted at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado, not less than 24 hours prior to the meeting in accordance with law. 6. The Ordinance. was published by title in the Longmont Times -Call, a. newspaper of general circulation in the Town, on October n 2020, together with a statement that 1 the complete text of the Ordinance is available at Town Hall and on the Town's official website, and the affidavit of publication is attached hereto as Exhibit B. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town this day of October 2020. 'NONE ssica Koenig, CM own Clerk (SEAL) a s0 OOUNI�' BOARD OF TRUSTEES FIRESTONE COLORADO REGULAR MEETING AGENDA October 14 2020 7:00 PM Virtual Meeting 2 Park Avenue Firestone, CO 80504 PRE -MEETING WORK SESSION 6:30 PM IN THE TRAINING ROOM AGENDA FOR THE WORK SESSION IS A DISCUSSION OF THE REGULAR MEETING AGENDA BELOW REGULAR MEETING 7:00 PM IN THE COURT ROOM 4. Access Information 1.a. Town of Firestone is inviting you to a scheduled Zoom meeting. Topic: 10-14-2020 Board of Trustees Meeting Time: Oct 141 2020 07:00 PM Mountain Time (US and Canada) Join Zoom Meeting https:11us02web.zoom.us/j/81719851117?pwd=SnkzWjUyREJ3ROlzdlFTQml kejFsZzO 9 Meeting ID: 8171985 1117 Passcode:199973 One tap mobile +16699009128„81719851117#,,;,,,0#„199973# US (San Jose) +12532158782„81719851117#,,,,,,0#„l99973# US (Tacoma) Dial by your location +1 669 900 9128 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 646 558 8656 US (New York) +1 301 71-5 8592 US (Germantown) +1 312 626 6799 US (Chicago) Meeting ID: 8171985 1117 Passcode:199973 Find your local number: https://us02web.zoom.uslu/keeC8Ktb7g * Individuals that desire to address the Board of Trustees are requested to sign up at the table at the entrance to the meeting room- Each individual will be provided an opportunity to speak (limited to three minutes) during Public Comment- Maximum time permitted for all Public Comment is 30 minutes - If you need special assistance in order to participate in a Board of Trustees meeting, please contact the Town Clerk's Office at 303-531-6264 in advance of the meeting to make arrangements. A forty -eight -hour notice is requested. Town of Firestone Board of Trustees Regular Meeting Agenda 7:00 PM October 14, 2020 Page 2 of 5 2. Call to Order & Roll Call 3. Pledge of Allegiance 4. Approval of Agenda 5. Public Comment *(maximum time permitted for all Public Comment is 30 minutes) 6. Consent Agenda 6.a. Approval of September 23,` 2020 Meeting Minutes 6.b. Resolution 20-93: A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND THE ST VRAIN VALLEY SCHOOL DISTRICT RE-1J FOR A JOINT SCHOOL RESOURCE OFFICER PROGRAM 6.c. Resolution 20-97: A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, CONCERNING THE MEMBERSHIP, ROLES AND RESPONSIBILITIES OF THE TOWN OF FIRESTONE FINANCE COMMITTEE 7. Presentation 7.a. STAR Award 8.. Land Development 8.a. Ordinance 981: AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, REPEALING AND REENACTING IN THEIR ENTIRETY CHAPTERS 15.04 (BUILDING CODE), 16.06 (INTERNATIONAL RESIDENTIAL CODE), 15.08 (NATIONAL ELECTRIC CODE); 15.10 (INTERNATIONAL EXISTING BUILDING CODE), 15.12 (INTERNATIONAL FUEL GAS CODE), 15.32 (INTERNATIONAL FIRE CODE), AND 15.36 (INTERNATIONAL ENERGY CONSERVATION CODE) OF THE FIRESTONE MUNICIPAL CODE; AMENDING TITLE 15 OF THE FIRESTONE MUNICIPAL CODE TO ADD A NEW CHAPTER 15.14 REGARDING ADOPTION OF THE 2018 INTERNATIONAL MECHANICAL CODE; AMENDING TITLE 15 OF THE FIRESTONE MUNICIPAL CODE TO ADD A NEW CHAPTER 15.16 REGARDING ADOPTION OF THE 2018 INTERNATIONAL PLUMBING CODE; AMENDING TITLE 15 OF THE .FIRESTONE MUNICIPAL CODE TO ADD A NEW CHAPTER 15.18 x Individuals that desire to address the Board of Trustees are requested to sign up at the table at the entrance to the meeting room. Each individual will be provided an opportunity to speak (limited to three minutes) during Public Comment. Maximum time permitted for all Public Comment is 30 minutes. If you need special assistance in order to participate in a Board of Trustees meeting, please contact the Town Clerk's Office at 303-833-3291 in advance of the meeting to make arrangements_ A forty -eight -hour notice is requested. Town of Firestone Board of Trustees Regular Meeting Agenda 7:00 PM October 14, 2020 Page 3 of S REGARDING ADOPTION OF THE 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE; AND AMENDING TITLE 15 OF THE FIRESTONE MUNICIPAL CODE TO ADD A NEW CHAPTER 15.20 REGARDING ADOPTION OF THE 2018 INTERNATIONAL SWIMMING POOL AND SPA CODE 9. Discussion/Action 9.a. Resolution 20-95: A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND CENTENNIAL ARCHAEOLOGY LLC FOR A CLASS II I PEDESTRIAN AND CULTURAL INVENTORY OF THE TOWN OF FIRESTONE'S INJECTION WELL PAD AND ASSOCIATED FACILITIES SITE 9.b. Finance Committee Appointments 9.c. Resolution 20-91: A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A SUMMARY OF GRANT AWARD TERMS AND CONDITIONS BETWEEN THE TOWN OF FIRESTONE AND THE STATE OF COLORADO 9.d. Resolution 20-92: A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND FRANSEN PITTMAN CONSTRUCTION COMPANY REGARDING CONSTRUCTION SERVICES FOR THE FIRESTONE TOWN HALL CONSTRUCTION PROJECT 9.e. Ordinance 980: AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO AUTHORIZING THE FINANCING OF THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS AND THE REFINANCING OF CERTAIN OUTSTANDING LEASE OBLIGATIONS; AUTHORIZING THE EXECUTION AND DELIVERY OF AMENDMENTS TO 2018 AND 2019 SITE LEASES AND 2018 AND 2019 LEASE PURCHASE AGREEMENTS AND APPROVAL OF CERTAIN OTHER DOCUMENTS AND MATTERS .RELATED THERETO; AND AUTHORIZING OFFICIALS OF THE TOWN TO TAKE ALL ACTION NECESSARY THERETO 9.f. Resolution 20-94: A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND BOHANNAN HUSTON INC FOR A TRANSPORTATION MASTER PLAN • * Individuals that desire to address the Board of Trustees are requested to sign up at the table at the entrance to the meeting room. Each individual will be provided an opportunity to speak (limited to three minutes) during Public Comment. Maximum time permitted for all Public Comment is 30 minutes_ if you need special assistance in order to participate in a Board of Trustees meeting, please contact the Town Clerk's Office at 303-833-3291 in advance of the meeting to make arrangements. A forty -eight -hour notice is requested_ Town of Firestone Board of Trustees Regular Meeting Agenda 7:0D PM October 14, 2020 Page 4 of 5 9.g. Resolution 20-96: A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND WESTWATER RESEARCH LLC FOR WATER RIGHTS ACQUISITION ASSISTANCE REGARDING NATIVE DITCH WATER RIGHTS 9.h. Broadband Initiative Update 10. Public Comment *(maximum time permitted for all Public Comment is 30 minutes) 11. Reports 11.a. Staff 11.b. Mayor 11.c. Trustees 12. Adjournment Individuals that desire to address the hoard of Trustees are requested to sign up at the table at the entrance to the meeting room. Each individual will be provided an opportunity to speak (limited to three minutes) during Public Comment_ Maximum time permitted for all Public Comment is 30 minutes. If you need special assistance in order to participate in a Board of Trustees meeting, please contact the Town Clerk's Office at 303-833-3291 in advance of the meeting to make arrangements. A forty -eight -hour notice is requested_ Town of Firestone Board of Trustees Regular Meeting Agenda 7:00 PM October 14, 2020 Page 5 of 5 Individuals that desire 'o address the Board of Trustees are requested to sign up at the table; at the entrance to the meeting room_ Each individual will be provided an opportunity to speak (limited to three minutes) during Public Comment. Maximum time permitted for all Public Comment is 30 minutes. If you need special assistance in order to participate in a Board of Trustees meeting, please contact the Town Clerk's Office. at 303-833-3291 in advance of the meeting to make arrangements_ A forty -eight -hour notice is requested_ Ordnance 9ft AN ORDINANCE CF THE BOARD OF TRUSTEES OF THE TOWN OFFiRESTONE, COLORADO AUTHORIZING HE FINANC- ING OF THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS AND THE REFINANCING Of CERTAIN OUTSTANDING LEASE OHLIGA• - - TIONS: AUTHORIZING THE EXECUTION ANDDELIVERYOF AMEND- MENTS T_ LEASE PURCHASE 2AGREEMENTS AND018 AND 2019 SITELEASES A PROVAL OFBCERTAINANDgOTHER Prairie Mountain Media, LLC DOCUMENTS AND MATTERS RELATED THERETO; AND AUTHORIZING - - OFFICIALS OF THE TOWN TO TAKE ALL ACTION NECESSARY THERE- , . - Introduced, Passed and Adopted this 14th day of October, 2010 PUBLISHER'S AFFIDAVIT /s/aubbi5indelar,Mayor County of Boulder ATTEST: - - - . /s/JessitaKoenig. Town Clerk - State of Colorado The.camplete text of the ordinance Is available at Town Hall. and on the Town's official website Published: Longmont Times Call October 20, 2020-1746a73 The undersigned, Elizabeth Maes , being first duly swam under oath, states and affirms as follows: 1. He/she is the begat Advertising Reviewer of Prairie Mountain Media LLC,. publisher of the Longmont Times Call. 2. The Longmont Tirnes Cat/ is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks In Boulder County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat 24,70-103. 3. The notice that is attached hereto is a true copy, published In the Longmont 71mes Call in Boulder County on the following date(s)i Oct 2O, 2020 Signature . Subs ribed and swo tame hefare me this day o. Notary P blic MELISSA L NAJC-RA NOTARY PUBLIC STATE OF C0L0RADO NOTARY ID 200b4049936 tsEAL) MY Go N11 5S10N ES HIRES DECfMBER i?, 2022 Account: i061150 Ad Number: 1746873 Fee: $18.56 . ORDINANCE NO.979 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ZONING CERTAIN LAND, FULLY DESCRIBED HEREIN, AND LOCATED WITHIN THE OAK MEADOWS PLANNED UNIT DEVELOPMENT FROM PUD RESIDENTIAL-B TO PUD RESIDENTIAL-C; AND APPROVING AN APPLICATION TO AMEND THE OAK MEADOWS PUD OUTLINE DEVELOPMENT PLAN TO ALLOW FOR RESIDENTIAL DEVELOPMENT WHEREAS, Innovative Development Holdings LLC and Oak Meadows Limited {the "Applicant"), who are the fee owners of certain real property described as Lots 1-18 and Tracts A- B, Oak Meadows Townhomes (the "Property"), which is approximately 4.47 acres in size and located within the Oak Meadows Planned Unit Development (PUD), have submitted an application for the rezoning of the Property from PUD R-B (Planned Unit Development/Residential-B) to PUD R-C (Planned Unit Development/Residential-C) and to amend the existing Oak Meadows PUD Outline Development Plan (the "ODP Amendment"), to accommodate the development of twnhomes on the Property (the "Application"); and WHEREAS, the ODP Amendment would modify the existing development standards contained in the approved Oak Meadows PUD ODP to allow for residential townhome • development on approximately 4.47 acres of the Property that is currently zoned PUD R-B and, to that extent, would only modify density standards as it relates that proposed residential townhome use on the Property and within that portion of the Oak Meadows PUD. However, the ODP Amendment would not change the zoning, height, bulk, landscaping architectural or other land use standards of the Oak Meadows PUD ODP as it relates to other property for other allowable uses or other use areas throughout the Oak Meadows PUD, as originally approved and contained in the Oak Meadows PUD Outline Development Plan; and WHEREAS, the Planning and Zoning Commission, after conducting a public hearing on the Application held on August 20, 2020, rendered a decision recommending approval of the Application; and WHEREAS, on September 9, 2020, the Board of Trustees conducted a public hearing on the Application; and WHEREAS, after reviewing the record of the Planning and Zoning Commission public hearing, and after considering the testimony, evidence and argument presented at the Board of Trustees public hearing, the Board of Trustees finds and determines that the Application is complete, that the Applicant has met the applicable requirements and standards set forth in the Firestone Municipal Code, and relevant Town subdivision and zoning ordinances, regulations, and policies. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE ... TOWN OF FIRESTONE, COLORADO:. Section 1. The Board of Trustees acknowledges . the Planning and Zoning Commission's findings of fact in this case, as detailed in the Resolution PC 20-14. Section 2. The above Recitals and Findings of the Board of Trustees are hereby incorporated into this ordinance. Section 3. The land described as Tract B, Oak Meadows Townhomes, which consists of approximately 4.47 acres, more or less, shall be zoned Town of Firestone PUD R-C (Planned Unit Development/Residential-C). Section 4. The Oak Meadows PUD Outline Development Plan Amendment No. 4, attached hereto as Exhibit A, is hereby approved, conditioned upon satisfaction of the following conditions: a. Provide an updated title commitment showing Innovative Development Holdings LLC and Oak Meadows Limited as owner when the mylars are provided for recording, dated no later than thirty (30) days prior to submission of mylars. b. All minor, technical corrections to. the Oak Meadows PUD Outline Development Plan Amendment No. 4 shall be made to the Town's satisfaction within thirty • (30) days of the effective date of this approval. • As it relates to the Property, the Oak Meadows PUD Outline Development Plan Amendment No. 4 hereby establishes additional density standards as it relates to the PUD R-C use and, to that extent, modifies and amends the approved development standards within the PUD, as contained in the Oak Meadows PUD Outline Development Plan. Except as explicitly provided in the ODP Amendment, the existing height, bulk, landscaping, architectural, or any other standards as it relates to. the Property, along with the zoning or other land use standards for other use areas throughout the Oak Meadows PUD, as originally approved and contained in the Oak Meadows PUD Outline Development Plan, remain in place and shall remain in full force and effect. In the event of any conflict between Oak, Meadows PUD Outline Development Plan and the Oak Meadows PUD Outline Development Plan Amendment No. 4, the Oak Meadows PUD Outline Development Plan Amendment No. 4 shall prevail. .Section 5. Upon timely compliance with all conditions set forth in Section 4 above, the Board of Trustees certifies a change in the Zoning Map zoning the property described herein to Town of Firestone PUD R-C (Planned Unit Development/Residential-C) Zoning District. Section 6. If the conditions set forth in Section 4 of this ordinance are not timely fulfilled, the approval of the Oak Meadows PUD Outline Development Plan Amendment No. 4 provided for by Section 4 of this ordinance shall be void and ineffectual, unless the timeframe for 2 • • compliance is extended by resolution adopted by the Board of Trustees, Section 7. The Board of Trustees directs that a certified copy of this Ordinance be filed With the Town Cleric and further, that the Town Cleric index, file and make the Ordinance available to the public. Section 8. Jf any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision will not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Til'istees hereby declares that it would have passed this ordinance and each pair or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 9. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict INTRODUCED, READ, ADOPTED, APPROVED; AND ORDERED PUBLISHED IN FULL this 9_Way of September, 2020. TOWN of FIRE, STONE, COLORADO �61ON& f p a o i Sin 1 ; Mayor ATTEST: D AS TO Town Attomey • • EXHIBIT A Oak Meadows PUD Outline Development Plan Amendment No. 4 19 LEGAL DESCRIPTION THAT PDRTION OF THE SOUTHWEST ONE QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST CF THE 6TH PRINCIPAL MERIDIAN. TOWN OF FIRESTONE, COUNTY OF W EL0. S7ATE OF COLORADO, MORE PARTICUURLY DESCRIBED AS FOLLOWS: THE BASIS OF BEARINGS IS THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF SECTION S. TOWNSHIP 2 NORTH, RANGE 67 WEST OFTHE 6TH PRINCIPAL MERIDIAN, AR MONUMENTED WiTN AN ALUMINUM CAP WITH MARKING PLS 25656 ATTHE SOUTH END, AND AN ILLEGIBLE ALUMINUM CAP AT THE NORTH END, AND IS ASSUMED TO SEAR N 00'2255' E BEGINNING AT THE SOUTHEAST CORNER OF TRACT T, OAK MEADOWS P.U.D. FILING 1, RECORDED AT RECEPTION NO.2589867. FROM WHENCE THE SOUTHWEST CORNER OF SAID SECTION 6 SEARS S 38-11'48' W A DISTANCE OF 715 93 FEET, MORE OR LESS; THENCE. N 00122135' E, ALONG THE EASTERLY LINE OF SAID TRACT T, A DISTANCE OF 204.86 FEET: THENCE, N S9'03'23' E, DEPARTING SAID EASTERLY LINE OF SAID TRACT IT, A DISTANCE OF 264.35 FEE I IO A POINT OF CURVATURE: THENCE, ALONG A CURVE TO THE LEFTA DISTANCE OF 148.74 FEET, SAID CURVE HAVING A RADIUS of 492.38 FEET. A DELTA ANGLE OF 17'iB'25'. AND A CHORD DISTANCE OF 148.17 FEET. WHICH BEARS N 80-24'09' E TO A POINT OF REVERSE CURVATURE; THENCE, ALONG A CURVE TO THE RIGHT DISTANCE OF 90 71 FEET, SAID CURVE HAVING A RADUS OF 942.56 FEET, A DELTA ANGLE OF 5`3048', AND ACHORD DISTANCE OF 90.67 FEET, WHICH BEARS N 74'30'19- E. TO A POINT ON THE WESTERLY RIGHT-OF-wAY LINE OF OAK MEADOWS BOULEVARD. AS SHOWN DN SAID OAK MEADOWS P,11,6, FILING 1, SAID POINT ALSO BEING A POINT OF NONTANGENT REVERSE CURVATURE', THENCE, ALONG A CURVE TO THE LEFT, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 135 56 FEET, SAID CURVE HAVING A RADIUS CF 327.00 FEET, A DELTA ANGLE OF 23'"-33', AND A CHORD DISTANCE OF 134.54 FEET. WHICH BEARS 8 30'C756' E: THENCE, S 41-55.13- E, CONTINUING ALONG SAID WESTERLY RIGHT-CF-WAY LINE, A DISTANCE OF 265.00 FEET TO A POINT OF CURVATURE: THENCE, ALONG A CURVE TO THE RIGHT A DISTANCE CF 17AS FEET, BALD CURVE HAVING A RADIUS OF 323.00 FEET. A DELTA ANGLE OF 30'S'09', AND A CHORD DISTANCE OF 17,49 FEET, WHICH BEARS S 40'22108' E TO A POINT OF NDN-TANGENCY; THENCE. S 65'10'50- W, DEPARTING SAID WESTERLY RIC HT -OF -WAY LINE, A DISTANCE OF 222.59 FEET: THENCE, N 90-00100- W, A DISTANCE OF 123.19 FEET; THENCE, N 5874'57- W, A DISTANCE OF 221.15 FEET; THENCE, N 79'50'25' W, A DISTANCE OF 243.37 FEET TO THE POINT OF REGINNING. SAID PARCEL CONTAINING 4.414 ACRES, MORE OR LESS SAID PARCEL BEING SUBJECT TO ANY ANDALL EASEMENTS, RIGHTS -OF -WAY, VARIANCES ANDIOR AGREEMENTS AS OF RECORD MAY APPEAR, OUTLINE DEVELOPMENT PLAN AMENDMENT NO.4 OAK MEADOWS PUD OAK MEADOWS P.U.O. - PLANNING AREA 1 A PART OF THE SOUTHWEST ONE QUARTER CF SECTION 6, TIN. R6 OF THE BTH P.M. COWER SHEET TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO 9NEEi t Os B VICINITY MAP �FRONTERRP LPI NEAtVE&M RAM •TQQ';HFFT INDEX ��r raj rr r it D R ' m! O PCA NI I T AVE PROJECT SITE MRESTOKE BLVD In RRESTONE SLVD TOWN OF FIRESTONE - LIMITS (TYP}Wy a 4 c P Vr RESPECT ro,wE PRo aeO ix ms.N6 ou�ax.xee ua_mT,wml APPROVALS Adxowa W ux Twn Bona W T�unees dvr Tcxn dFveae�xe. Ctldaae es _4ryd.mau gOBorw.xcE uo,- M.vo n s ACCEPTANCE BLOCK AND NOTARY ACCEPTANCE BLOCK AND NOTARY OWNER: TRBNAS ODNN, NANLGWGM 1111 04N MFAOONS I11TE0, A COL0x LIi4NE0 LL.e1LNT C Pr STALE pi COLOB4D0 1 1 ea COUNTY OF wErL 1 Tne 4.uo"ewxN�I..F Fe�.xaa"4 e.w,. m. wrmwd .m+p. M1mu. mF nFra.m dfdsl.w. 1 COVER SHEET 2 SITE PLAN 6 NARRATIVE 3 NARRATIVE OWNERS: INNOVATIVE DEVELOPMENTHOLDINOSLLC OAK MEADOWS LIMITED PO BOX 26 5400 RABBIT MOUNTAIN RD MEAD, COLORAD0 ACM3 LONGMONT, COLORADD50303 13031775-0676 I== 07}1761 InnwatNeginper®hotmaLmm tlurm�gmeil.CAm ► APPLICANT/DEVELONEH: c.qr gn4sp,� P.O. M 28 INN OVATNEDEVELOPMENTHOLOINGSLLC OAKMEADOWS LIMITED f✓min�W �ce,.ecvn P.O. BOX 25 MEAD, COLORADO 50542 6400 RAMST MOUNTAIN RD LONGMONT, COLORADO 90303 13O3S 775A875 (W3) 871pP4lil.mm InnwatNeginger®Notmao.mm ENGINEER: SURVEYOR: a Z. MEN CONSULTING GROUP. INC. KINGSURVEYORS, INC. F 7047 E BALANCING ROCK ROAD SCOTTSDALE, ARI70NA 85266 550 GARDEN DRIVE WINDSOR. COLORADO 50550 ❑ 2 f 1303)913-5352 p701E86.50t1 - = anyroWen�mmresLnet CONTACT. Larry Owen PBclp�ltinpsurveym.com CONTACT', Paul Groves CL _ MI C) � O LANDSCAPE ARCHITECT: IRRIGATION DESIGNER: z �- O g 3 b THE FRONTERRA GROUP IJB E 4TH STREET, STE 1 MPI DESIGNS ❑ y LOVELANO, COLCRADO80537 P.O. BOX 345 WINDSOR COLORADO 60650 cc - - 19701669J73T 1970)402-3C47 UJIW Q _ tleWA®Ogtlealgn.cwn 'mgegpntatly�gmsll.mm C 5t ti C N c CONTACT: Da�ltl KeFprxaF CONTACT: MiChNIe Ft.—L d O � Y 1 LL Q w In O Z O I, ' PueSE: Ot1P T iaxaP3. FIRESTONE INFORMATION BLOCK .W COVER SHEET N�H IT,°n 1 ►-1 a3 • OUTLINE DEVELOPMENT PLAN AMENDMENT NO.4 OAK MEADOWS PUD OAK MEADOWS P.U.O. - PLANNING AREA I A PART OF THE SOUTHWESTONE QUARTER OF SECTION 6, T2N, R8T'N OF THE 5111 P.M. SITE PLAN 6 NARRATIVE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO 911EEr3Or1 F" I" RESIDENTIAL- B _ IIIIII� EXISTING IIlI_V DETENTION 113l�- POND -�� �l i �FaysF • > E%]6i1xG lIU ACCESS'PRT. T' �y, I �• III I - -_� G F reCw; rs tr„d�`�fa' -,_t � OPEN SPACE .' PA 1� lL 0 1 ;:�'- • -� L �I. -4.474 AC. t RESIDENTIPL-C '' - - - E2ESIDENTIALUt•;�& Jl,l �.� y O�� `t p , � _ _ - i I _ (DD R-C) .,: \X - F II'Et 1 E.6Et:r 1 wLYAcceca )A �j`� - , \ NEIGHBORHOOD -. COMMERCIAL 1_� �- " --- s— --- -------FIRESTeN-E-BLVD' `. --- ODP - SITE PLAN SCALE' ll8�� 0 40' BP 160' 290' NORTH LAND USE SUMMARY PLANNING LANDUSE GROSS RESIDENTIAL Cl RC ULCATIONr OFENSPACE I AREA IDENTIFICATION CATEGORY AREA LOT AREA ACCESS AREA GAS FAClU TT AREA PLANNED PA, PUD FLO 4 474 AC" 1B35AC, D&Ii AC- 0 796 AC, lm.0 63.31% Ia,ag!g 47.T4% '� ♦FRONTERRP ODP - NARRATIVE ""0ff'� � PROJECT CONCEPT THIS FOURTH AMENDED ONDJNE DEVELOPMENT PLAN {rCDP-) IS ANAMENDMENT TO THE PREVICUSLYAPPROVEO AMENDMENT OFTHE OAK MEADOWS PLANNED UNIT RMx».mPAlr DEVELOPMENT. THIS AMENDMENT REVISES THE PRESENTZONING OFTHE SUBJECT PARCEL (PARCEL PA1), COMPRISING 4?74 ACRES, FROM PLANNED UNIT CEVELOPMENT WITH A RESIDENTIAL ERI LAND USE CATEGORY TO PLANNED UNIT DEVELOPMENT WITH A RESIDENTIAL ('R.C-) LAND USE CATEGORY. THE EXISTING ZONING OFTHE PARCELS SURROUNDING THE SUBJECT PARCEL IS NOT IMPACTED BY THIS AMENDMENT TO THE OOP. THE ABUTTING PARCELS TO THE NORTH, WHICH FOR THE MOST PART HAVE BEEN FULLY BUILT OUT, ARE PART OF FILING 2. OAK MEADOWS SUBDIVISION, AND ARE ZONED PLANNED UNIT DEVELOPMENT WITH A RESIDENTIAL-B CR-B-I LAND USE CATEGORY. THE PARCEL ACROSS OAK MEADOWS ROULEVARD70 THE EAST OF THE SUBJECT PARCEL IS ZONED PLANNED UNIT DEVELOPMENTWITH A RESIDENTIALC ('R�) LAND USE CATEGORY. AND IS CURRENTLY BEING DEVELOPED AS A MULTI -FAMILY RESIDENTIAL COMPLEX" THE ABUTTING PARCELS TO THE SOUTH OF THE SUBJECT PARCEL ARE ZONED PLANNED UNIT DEVELOPMENT WITX , A NEIGHBORHOOD COMMERCIAL ('NC) LAND USE CATEGORY. AND ARE PART OF THE DEVELOPMENT KNOWN AS OAK MEADOWS VILLAGE, WHICH ATTHIS TIME HAS SEEN �„or GM1m PARTIALLY BUILT OUT. THE ABUTTING PARCLLTO THE WEST OF THE SUBJECT PARCEL P.O � ZI HAS BEEN DESIGNATED AND DEVELOPED AS OPEN SPACE I DETENTION AREA AND IS Mud. cO00.H6 nsosre OWNED BY THE TOWN OF FIRESTONE �1 wegrge�ll,ca„ THIS AMENDMENT TO THE O.D.P. WOULD PERMIT DEVELOPMENT OF TWO-FAMILY, SINGLE -STORY AND TWO-STORY, RESIDENTIAL BUILDINGS T' IS ANTICIPATED THAT EACH DWELLING UNIT WRLBE CONSTRUCTED ON ITS OWN PUTTED LOT; SUCH LOTS WOULD BE A MINIMUM OF 3.600 SQUARE FEET IN AREA, AND THE INDIVIDUAL DWELUNG UNITS p WOULD BE NOT LESS THAN BSO SQUARE FEET, AS REQUIRED BY THE TOWN COOP. THE O SIZE AND ARCHITECTURE OF THE BUILDINGS CONTEMPLATED FOR THE DEVELOPMENT Z WOULD BE CONSISTENT WITH THOSE IN THE ADJACENT SINGLE-FAMILY PORTION OF CAX MEADOWS AND MATCH THE ARCHITECTURE IN THE CURRENTLY APPROVED FDP" EACH F OF THE DWELLING UNITS WOULD INCLUDE AN ENCLOSED 2-CAR GARAGE, WITH SUFFICIENT INDIVIDUAL DRIVEWAY SPACE TO ACCOMMODATETWO ADDITIONAL VISITOR W 0 f VEHICLES ADDITIONAL. UNALLOCATEO VISITOR'S PARKING WOULD ALSO BE PROVIDED O THROUGHDUTTHE DEVELOPMENT 50 THAT THEAVERAGE OFF-STREET PARKING IS NOT Z LESS THAN 2.25 SPACES PER DWELLING UNIT. y o Q THISAMENDED ODP ISSINGLE-FAMILY CFAMILY BLEWITH ATTACHED HE DWEL ENGSTOING LAND THEWESUSES IT IDE OF T HANDING THE OTHEL OF THE K ARC0_, ND RCVIDEFAN EFFFCTACVISUAL NDFUN TRANSITION THE EHOD COMES MERCIAL ERCIAL E ELOPMEND 0NCTI ANAL T OF THE THE NEIGHBORHOODCOMMERCIAL DEVELOPMENT TOTHE SOUTH OFTHE 0 d a u FAN,ILYANDSINGLE-FAMILY DEVELOPMENTSTO PAREA DTOFT 2 W TANDNAMD THE NORTMULH. THE PRCPOSEDAMENDMELL OF THE THE OSE AMEND EZONING z A CESPROVID STHEyr THE SUBJECT PARCELTOWN RH SMALLS WELL THE TOWN OF FOR THESUBJECT CCOMM DATION FOR COUPLNrIGHBES WHO MAY BE FIRESTONE. WITH ACCOMMODATION FOR GENTLES g a W TRANSINGS,CGFROM RESIDENTIAL DWELLINGS TO SINGLE-FAMILY W LLING TO SINGLE-FAMILY 0 EVERS .FAMILY CWELUNGS, OR VICE VERSA. VV OEVELOPMEN-CFTHE PARCEL UNDER THIS AMENDED ODPWOUL➢FIR ESERVE AGGESSIBIUTY THROUGH THE PARCEL TO THE PARKS AND OPEN SPACES PROVIDED FOR ry C V INTHEORIGIMALODP FOR THE OAK MEADOWSDEVELOPMENF. APPROVED BY THE TOWN Z IN I B97, AS WELL PROVIDE A CORRIDOR FOR A PEDESTRIAN CONNECTION TO THE REGIONAL FIRESTONE TRAIL IDENHRED IN THE TOWN OF FIRESTONE COMPREHENSIVE J F- PLAN. DEVELOPMENT OF THE PARCEL WILL ALSO PROVIDE OPEN SPACE. WITHIN THE 7 DEVELOPMENT, FOR THE USE OF RESIDENTS OF THE DWELLINGS. Q REGIONAL TMFACT5 THIS AMENDEDODP IS COMPATIBLE WITH THE GOALS OF THE TOWN OF FIRESTONE MASTER PLAN, PROVIDING SMALLER, AFFORDADLE RESIDENTIAL DWELLINGS WITHIN REASONABLE PROXIMITY OF ESTABLISHED COMMERCIAL AND INSTI L TIONAL LAND USES, , AS WELL AS OTHER FORMS AND DEN$ITIE50F RESIDENTIAL DEVELOPMENTS, AND BEING Pq°aEcr READILY ACCESSIBLE FROM KEY ARTERIAL STREETS. THEDEVELOPMENT m CONTEMPLATED FOR THE PROPERTY REFLECTS CONSIDERATION OF VEHICULAR ACCESSIBILITY FROM ADJACENT'"ESTABLISHEDSTREETSANDCCNVENIENTCIRCULAT1CN . THROUG H THE DEVELOPMENT FOR RESIDENTS, AS WELL AS EMERGENCY VEHICLES, TO gyp' MINIMIZE AW IMPACT ON THE FUNCTIONALITY OF NEARBY STREETS OR INTERSECTIONS. FIRESTONE INFORMATION BLOCK I► xNc rn SITE PLAN & NARRATIVE �rmL I, Duel rrmvu 2 N°.r ¢neeT=oT= gym 2 a 3 0 0 0 OUTLINE DEVELOPMENT PLAN AMENDMENT NO.4 OAK MEADOWS PUD OAK MEADOWS P.U.D.- PLANNING AREA 1 A PART OF THE SOUTHWEST ONE QUARTER OF SECTION S, T2N, R67W OF THE STH P A NARRATIVE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO SHEET30F] I ODP - NARRATIVE ECONOMIC DEVELOPMENT RATIONALE THE RESIDENTIAL DEVELOPMENT THAT VALL BE MADE POSSIBLE THROUGH THIS AMENDED OPP WILL PROVIDEA CATEGORY OF HOUSING THAT CONTINUESTO REIN DEMAND FOR FIRESTONE_ THIS HOUSING WILL PROVIDE A CONVENIENT TRANSITION BETWEEN RENTAL ACCOMMODATION, WHICH IS JUST NOW BLCOMMG AVAILABLE IN THE COMMUNITY, AND TRADITIONAL SINGLE-FAMILY HOMES. IT W LL ALLOW FOR AFFORDABLE HOME AND PROPERTY OWNERSHIP FOR TOWN CITIZENS WHO MAYBE MIGRATING EITHER INTO OR DUTOF THE HOME OWNERSHIP MARKET: YOUNG COUPLES WHO WANT TO BEGIN TO RU ILD EQUITY IN THE COMMUNITY, OR SENIORS WHO ARE DOWNSIZING, HUT WANT TO MAINTAIN AN OWNERSHIP POSITION. THIS DEVELOPMENT WILL HELP TO RETAIN THESE CITIZENS, AT BOTH ENDS OF THE OWNERSHIP SPECTRUM, AS MEMBERS OF THE FIRESTONE COMMUNITY. AS WELL AS POTENTIALLY DRAWING OTHERS IN SIMILAR CIRCUMSTANCES INTO THE COMMUNITY. THESE CITIZENS WILL PAY PROPERTY TAXES AND WILL SHOP AND PAY SALES TAXES AT LOCAL BUSINESSES, AS WELL AS POSSIBLY WORKING IN THE COMMUNTY, THUS CONTRIBUTING TO THE FINANCLAL AND ECONOMIC HEALTH OF THE TOWN. THESE RESIDENTS WILL ALSO ENHANCE THE HEALTH AND VITALFTY OF THE TOWN. THROUGH NON -FINANCIAL CONTRIBUTIONS OF THEIR TIME, EFFORT, EXPERIENCE, TALENT AND WISDOM. ENVIRONMENTAL INPORMATTON THE PROPERTY IS RELATIVELY FLAT, SLOPING GENTLY TOWARD THE EXISTING OPEN SPACEI DETENTION AREA TO THE WEST OF THE SITE. WITH THE EXCEPTION OF TWO EX157ING ABANDONED GAS WELLS AND AN EXISTING ABOVE -GROUND GAS REGULATOR FACILITY THE SITE IS VACANT. AND THERE ARE NO TREES OR UNIQUE HABITATS WITHIN THE BOUNDARIES OF THE SITE, NOR ARE THERE ANY MAJOR DRAINAGE COURSES, WER E ERE WILL BE NO IMPACTS TO ANY SIGNIFICANT NATURAL FEATURES OR ENVIRONMENTALLY SENSITIVE AREAS. UTILITIES AND SERVICE REQUIREMENTS THE AMENDED ODP WILL BE SERVED BY THE FOLLOWING UTILITIES AND SERVICES: • POLL G EPROTECTION TOWN OF FIRESTONE . FIRE PROTECTION FREDERICK-FIRESTONE FIRE PROTECTION DISTRICT • POTABLE WATER TOWN OF FIRESTONE •SANITARY SEWER ST, VRAIN SANITATION DISTRICT . GAS SOURCE GAS • ELECTRIC POWER UNITED POWER CO. • STREET MAINTENANCE PRIVATE PROPERTY OWNERS ASSOCIATION . RECREATION CARBON VALLEY RECREATION DISTRICT PARKS AND RECREATION THIS AMENDED OOP IS CONSISTENT WITHTHE OPEN SPACE PLAN ]NCLUDED IN THE ORIGINAL PLAN FOR THE OAK MEADOWS SUBDIVISION, THE FINAL DESIGN FOR THE DEVELOPMENT AND THE FINAL PLAT FOR THE SUBDIVISION OF THE SITE WILL INCLUDE A DESIGNATED EAST -WEST CORRIDOR. ALONG THE NORTH PERIMETER OF THE SITE, CONNECTING THE ADJACENT OPEN SPACE TO THE WEST OF THE SITE 1MTH OAK MEADOWS BOULEVARD TDTHE EAST, AT A POINT THAT IS COMPATIBLE WITH THE EXTENSION OFA PEDESTRIAN CORRIDOR EASTWARD TO CONNECTTO THE FIRESTONE TRAIL DEDICATION OF A PEDESTRIAN CORRIDOR THROUGH THE SITE. AND RESPONSIBILITY FOR MAINTENANCE OF OPEN SPACE WRFiIN THE SCOPE OF THIS ODP WILLBE AS SET FORTH IN THE FINAL DEVELCPMEM PLAN APPROVAL PROCESS, AND REQUIRED DEDICATIONS WILL BE MADE AT THE TIME OF FINAL PLATTING. TRAFFIC ACCESS AND CIRCULATION APPROXIMATE LOCATIONS OF TWO VEHIGULAR ACCESS POINTS TOTHE SITEARE SHOWN ON SHEET 1. THE EXACT LOCATION OF THESE ACCESSES AND DETAILS OF THE DRIVEWAYS PROVIDING CIRCULATION THROUGH THE SITE ARE SHOWN INTHE APPROVED FINAL DEVELOPMENT PLAN AND PLAT FOR THE SITE. IN ADDITION TO VEHICULAR ACCESS AND CIRCULATION, PROVISION WILL BE MADE FOR PEDESTRIAN GIRCLLATION WITHIN AND THROUGH THE SITE THAT IS SAFE, CONVENIENT AND COMPATIBLE WITH THE REGIONAL TRAIL SYSTEM, , OTL ANO GAS COMPANY ACCESS THE DEVELOPERS OF THE PROPERTY WILL COOPERATE WITH INDIVIDUALS ANDICR COMPANIES OPERATING THE OIL AND GAS WELLS ON THE PROPERTY, AND THE DEVELOPMENT OF THE SITE WILL PRESERVE ADEQUATE AND APPROPRIATE ACCESS TO THOSE ABANDONED AND CAPPED WELLS FOR THE PURPOSE MAINTENANCE, ACCESS WILL BE MAINTAINED TO THE EXISTING ABOVE -GROUND GAS FACILTY AT THE NORTHWEST CORNER OF THE SITE. LAND USE AND ZONING THE EXISTING ZONING OFTHE LAND WITHIN PARCEL PA-1 IS PLANNED UNIT DEVELOPMENT WITH A RESIDENTIAL ('R-B") LAND USE CATEGORY. THE IMMEDIATELY SURROUNDING PORTIONS OF THE OAK MEADOWS SUBDIVISION AREZONEO FOR SINGLE-FAMItY RESIDENTIAL (NORTH OF THE SITE), MULTIFAMILY RESIDENTIAL (EAST OF THE SITE), NEIGHBORHOOD COMMERCIAL (SOUTH OF THE SITE) AND OPEN -SPACE I DETENTION AREA (WEST OF THE SITE). R IS PROPOSED THAT THE PROPERTY BE REZONED TO PLANNED UNIT DEVELOPMENT WITH A RESIDENTIAL ('RC-) LAND USE DESIGNATION. THE REZONING IS JUSTIFIED FOR THE FOLLOWING REASONS: THE LAND USE IS COMPATIBLE WITH THE EXISTING LAND USES IN THE SURROUNDING AREAS AND WILL HAVE NO ADVERSE IMPACT ON THOSE AREAS. • THE LAND USE IS CONSISTENT WITH EFFICIENT AND ECONOMIC USE OF THE LAND AND ITS RESOURCES. AND PRESENTS NO ADVERSE IMPACTS WITH RESPECT TO PUBLIC HEALTH. SAFETY OR WELFARE. • THE LAND USE IS CONSISTENT WITH THE INTENT AND REQUIREMENTS OF THE TOWN OF FIRESTONE MUNICIPAL CODE, AS WELL AS THE OVERALL INTENT AND POLICIES OF THE TOWN'S MASTER PLAN, • DEVELOPMENT OF THE PROPERTY WILL INCLUDE BUILDINGS OF A SIZE, SETTING AND ARCHITECTURAL STYLE AND DETAIL THAT ARE COMPLEMENTARY TO BOTH TILE COMMERCIAL DEVELOPMENT ABUTTING ON THE SOUTH AND THE SINGLE-FAMILY AND MULT-FAMILY RESIDENTIAL DEVELOPMENTS ABUTTING ON THE NORTH AND EAST OF THE SITE, THUS EFFECTING A HARMONIOUS TRANSITION BETWEEN THE RESPECTIVE LAND USES. . LANDSCAPING OF THE DEVELOPED PROPERTY WILL ENHANCE NOTONLY THE SITE ITSELF. BUT ALSO THE ENTRANCE TO THE OAK MEADO W S SI IRNVISION, AND WILL DE COMPLEMENTARY TO THE AwACENT DEVELOPMENTS AND THE OPEN SPACE LINKS THROUGH THE SITE, • THE SITE IS ADEQUATELY SERIACEABLE WITHIN THE CAPACITY OF EXISTING INFRASFRUCTURE, THUS REQUIRING NO SIGNIFICANT UPGRADING OF EXISTING OFFSFTE MUNICIPAL OR PRIVATE LTIU TIES. • DEVELOPMENT WILL NOT PLACE ANY SIGNIFICANT ADDITIONAL BURDEN ON EXISTING MUNICIPAL SERVICES SUCH AS POLICE OR FIRE PROTECTION. . DEVELOPMENT WILL NOT ENCROACH UPON OR ADVERSELY IMPACTANY SENSITIVE ENVIRONMENTAL AREAS OR HABITATS, • DEVELOPMENT WILL NOT BE LOCATED WITHIN ANY DELINEATED FLOODPLAIN OR GEOLOGICALLY HAZARDOUS AREAS. DEVELOPMENT DENSITY DEVELOPMENT DENSITY UNDER THE AMENDED OOP WILL BE CONSISTENT WITH THE REOUIREMENTS AND REGULATIONS SET OUT IN THE TOWN OF FIRESTONE MUNICIPAL CODE AND THE FIRESTONE DEVELOPMENT REGULATIONS, DEVELOPMENT DENSITY, AS CONTEMPLATED FOR THE DEVELOPMENT OF THE PROPERTY, WILL RE LIMITED TO 6.26 DWELLING LNITS PER ACRE, AND THE AREA OF ALL DWELLING LOTS TO BE PLATTED WILL EXCEED THE REQUIRED MINIMUM, BUILDING HEIGHT THE MAXIMUM HEIGHTOF BUILDINGS WITHIN THE DEVELOPMENT WILL BE IN COMPLIANCE WITH THE TOWN OF FIRESTONE ZONING CODE AND DEVELOPMENT REGULATIONS, AS MAY BE AMENDED FROM TIME TO TIME PRIVATE MAINTENANCEAND ENFORCEMENT A PROPERTY OWNERS ASSOGATION WILL BE ESTABLISHEUTO ADMINISTER AND ENFORCE APPROPRIATE COVENANTS AND CON DITIONSWITHIN THE DEVELOPMENT_ DETAILS DFAPPLICARLE COVENANTS AND SITE MAINTENANCE PROVISIONS WILL BE ADDRESSED DURING THE COURSE OFTHE FINAL DEVELOPMENT PLAN PROCESS. - FIRESTONE INFORMATION BLOCK ®FR�iVTERR� KIM �i`ew vc°ti`�iaE �••w'A�r I Rnlwmr aNhhAYnmen+� k P0. Borth laoalnswroa mmaugAs•�Mme¢`un .3M ooFlrQ e � iexacw, uf•o0�'sw� ► 41B�rt BE�fW�•Evi•ux srtef nnNARRATIVE H oamcN oeAwrNcxr wee.wwen, 3 a x or= Beer 3 B,3 ORDINANCE NO.978 • AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING SECTION 12.20.050 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE IMPOSITION OF THE TOWN'S STREET LIGHT CHARGE WHEREAS, in 2012, the Town of Firestone ("Town") enacted Section 12,20.050, Street Light Charge, of the Firestone Municipal Code ("Code"), which imposed a street light charge upon all property owners, except those of undeveloped land; and WHEREAS, the Code provided that the street light charge was to be assessed upon each parties monthly Town water bill, and payable and collected in accordance with Town's water utility procedures; and WHEREAS, given the growth of the Town since its adoption of the street light charge there are now developed properties which though receiving the benefit of street lights receive their water service from a provider other than the Town; and WHEREAS, billing such persons under a water utility account creates confusion among the property owners and administrative issues for the Town's finance department; and WHEREAS, to correct this matter, staff proposes that the street light charge be collected • as is the Town's stormwater utility fee whereby lots or parcels not receiving municipal water but subject to the stormwater utility fee receive only a stormwater utility fee bill, which is collected in the same manner as the water service bill. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 12.20.050, Street light charge, of the Firestone Municipal Code is amended to provide: A. There is hereby imposed a uniform service charge for the provision of street lights upon all property owners, except those of undeveloped land in an amount as established by resolution of the board of trustees. B. The service charge shall be billed and collected with the town water bill, except if the property is undeveloped land the property owner shall receive a separate bill. All billings and notices regarding the service charge shall be effective upon mailing the billing or notice to the address of the property that is being served or to the last known address of the property owner of the property being served as shown in the most current of the records of the town or county assessor. Regardless of the person to whom the bill is directed, the owner of the property is ultimately responsible for the payment of the service charge. All services charges are due upon the date stated in the bill. Failure to receive a bill is not a defense to nonpayment. C. If any charges remain unpaid after the due date stated on the bill, the account shall be deemed delinquent, and interest shall be assessed at the rate of one and one-half percent per month. A late fee of five dollars shall also be assessed on overdue amounts of twenty dollars or more. The service fee shall also be subject to additional charges for delinquent payment, uncollectible checks, liens and any other penalties, which shall be the same as those imposed in connection with town water utility charges. D, In addition to other civil collection procedures, all fees and charges, together with all interest and penalties for default in payment and all costs in collecting the salve, until paid, shall constitute a perpetual lien on the property, on a parity with the tax lien of general, state, county; city, town or school taxes, and no sale of such property to enforce any general, state, county, city, town or school tax or other liens shall extinguish the perpetual lien for such fees, charges, interest, penalties and costs. All delinquent service fees, together with accrued interest and penalties, and all costs of collection incurred, shall be certified by the town to the county treasurer, pursuant to Section 31-20-105, C.R.S., as amended, and collected and paid over to the county treasurer in the same manner as taxes. E. Delinquent charges and fees may be collected as any other utility bill owed to the town at the option of the town. F. No remedy provided herein shall be exclusive, but the same shall be cumulative; and the taking of any action hereunder shall not preclude or prevent the taking of any other action hereunder or the pursuit of any other judicial or administrative remedy, including, without limitation, civil action for collection and action for injunctive relief to enjoin any violation of this section. Section 2. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. Violations of this ordinance shall be punishable in accordance with Section 1.16.010 of the Municipal Code of the Town of Firestone, Colorado. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 12t1' day of August,O�zQ�� ATTEST: n U To1NN TOWN OF DIREST NE, COLORADO s rp ;f bbi Sir, i ar, Mayor 10 AS '1'0 DORM: Willia Hayashi, Town Attorney 2 4613769 07/28/2020 02:43 PM Total Pages: 5 Rec Fee: $43.00 Carly Koppes - Clerk and Recorder, Weld County, CO ORDINANCE NO.977 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN APPLICATION TO AMEND THE LOT 1 BOOTH FARM SUBDIVISION OUTLINE DEVELOPMENT PLAN TO ALLOW FOR THE DEVELOPMENT OF A SENIOR LIVING FACILITY WHEREAS, Colorado Structures, Inc. (the "Applicant"), who is the fee owner of certain real property described as Lot 1, Booth Farm Minor Subdivision (the "Property"), has submitted an application to amend the existing Lot I Booth Farm Subdivision Outline Development Plan (the "ODP Amendment"), to accommodate the development of a senior living facility on the Properly (the "Application"); and WHEREAS, the ODP Amendment would modify the existing approved Lot 1 Booth Farm ODP to allow an additional use on approximately 17.89 acres of the Property that is currently zoned PUD-R-C namely, a senior living facility use, including but not limited to independent living and assisted living and, to that extent, would only modify height and density standards as it relates that proposed senior living facility use within that portion of the Property. However, the ODP Amendment would not change the zoning, height, bulk, landscaping architectural or other land use standards of the Lot 1 Booth Farm ODP as it relates to the Property for other allowable • uses or other use areas throughout the Property, as originally approved and contained in the Lot 1 Booth Farm Subdivision Outline Development Plan; and WHEREAS, the Planning Commission, after conducting a public hearing on the Application held on June 18, 2020, rendered a decision recommending approval of the Application; and WHEREAS, on July 8, 2020, the Board of Trustees conducted a public hearing on the Application; and WHEREAS, after reviewing the record of the Planning and Zoning Commission public hearing, and after considering the testimony, evidence and argument presented at the Board of Trustees public hearing, the Board of Trustees finds and determines that the Application is complete, that the Applicant has met the requirements and standards set forth in Sections 17.22.030 and 17.44.060 of the Firestone Municipal Code, and relevant Town subdivision and zoning ordinances, regulations, and policies. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees acknowledges the Planning and Zoning Commission's findings of fact in this case, as detailed in the Resolution PC 20-09. 0 Section 2. The above Recitals and Findings of the Board of Trustees are hereby 4613769 07/28/2020 02:43 PM Page 2 of 5 0 incorporated into this ordinance. Section 3. The Lot 1 Booth Farm Subdivision Outline Development Plan Amendment No.1, attached hereto as Exhibit A, is hereby approved, conditionedupon satisfaction of the following conditions: a. Provide an updated title commitment showing Colorado Structures, Inc. as owner when the mylars are provided for recording, dated no later than thirty (30) days prior to submission of mylars. b. All minor, technical corrections to the Lot I Booth Farm Subdivision Outline Development Plan Amendment No. 1 shall be made to the Town's satisfaction within thirty (30) days of the effective date of this approval. As it relates to the Property, the Lot 1 Booth Farm Subdivision Outline Development Plan Amendment No. 1 hereby establishes an additional permitted use and, to that extent, modifies and amends the approved land uses within the PUD, as contained in the Lot 1 Booth Farm Outline Development Plan. Except as explicitly provided in the ODP Amendment, the existing height, bulk, landscaping, architectural, or any other standards as it relates to the Property, along with the zoning or other land use standards for other use areas throughout the Property, as originally approved and contained in the Lot 1 Booth Farm Subdivision Outline Development Plan, remain in place and shall remain in full force and effect. In the event of any conflict between Lot 1 Booth • Farm Subdivision Outline Development Plan and the Lot I Booth Farm Subdivision Outline Development Plan Amendment No. 1, the Lot 1 Booth Farm Subdivision Outline Development Plan Amendment No. 1 shall prevail. E Section 4. If the conditions set forth in Section 3 of this ordinance are not timely fulfilled, the approval of the Lot I Booth Farm Subdivision Outline Development Plan Amendment No. 1 provided for by Section 3 of this ordinance shall be void and ineffectual, unless the timeframe for compliance is extended by resolution adopted by the Board of Trustees. Section 5. If any article, section, paragraph, sentence, clause or phase of this ordinance is held to be unconstitutional or invalid for any reason, such decision will not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this Sth day of Jane, 2020. 2 OUTLINE DEVELOPMENT PLAN -AMENDMENT NO. 1 LOT 1 BOOTH FARM SUBDIVISION TOWN OF FIRESTONE ' WELD COUNTY STATE OF CCLORADO SHEET 1 OF 2 e� xr>,n ram � �-° loE�xul .xa x� 1.«w�xwm mx.ra9,u � w«rRRr.r�x. .. rewn nr�.x nr � x-e u`ns rrt.•m ni ,ae..we au w xws snw. '0arnio-x�"r.".rzr.°�` �.:I «4 r�u�.us: m � w nm«s�n.is.c - . .swim uwrc. 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OVER SHEFf b NARRATIVE SHEET 1 OF OUTLINE DEVELOPMENT PLAN - AMENDMENT NO.1 LOT 1 BOOTH FARM SUBDIVISION .. - TOWN OF FIRESTONE _ WELD COUNTY STATE OFCOLORADO - - - SHEET 2 OF 2 1 , y PUD&C 17.5D AG I� 1,67 ACZf 1 d v 1 ; I II I LOT 1 BOOTH FARM SUBDIVISION COVER SHEET & NARRATIVE Ml LOT I, 900TH FAPM SUBDINSION RV 011fLINE DEVELOPMENT PLAN I I [ I N [ I [I [ [ ppITR SHEET6NARRATIYE SHEET 2 CF 2 • 0 ORDINANCE NO.976 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, REPEALING TITLES 16 AND 17 OF THE FIRESTONE MUNICIPAL CODE AND THE FIRESTONE DEVELOPMENT REGULATIONS IN THEIR ENTIRETY; REENACTING AND RETITLING TITLE 16 OF THE FIRESTONE MUNICIPAL CODE ADOPTING BY REFERENCE AND ESTABLISHING THE FIRESTONE DEVELOPMENT CODE AS THE OFFICIAL SUBDIVISION AND ZONING CODE FOR THE TOWN OF FIRESTONE CODIFIED PERTAINING TO THE REGULATION OF LAND USE AND DEVELOPMENT WITHIN THE TOWN OF FIRESTONE, COLORADO WHEREAS, the Board of Trustees of the Town of Firestone ("Town") and the Firestone Planning and Zoning Commission have determined that the Town's subdivision and zoning regulations contained in Titles 16 and 17 of the Firestone Municipal Code, entitled "Subdivisions" and "Zoning," respectively, are outdated and no longer meet the needs of the Town of Firestone; and WHEREAS, the Town intends to consolidate in one place and in logical order to avoid duplication and conflicts in terms and definitions all of its ordinances and regulations pertaining to land use and development, zoning districts that regulate and restrict the use of property for residential, commercial, industrial and other purposes, procedures for the submission, review and approval of site development plans, subdivision plats, initial zoning and rezoning, vested property rights and other development applications, and the administration and enforcement of such ordinances and regulations; and WHEREAS, the Town further desires to mare available to all those who are concerned with land use and development to have access to the regulation thereof in one convenient ordinance, which is capable of being published and distributed as a separate and comprehensive segment of the Firestone Municipal Code as a whole; and WHEREAS, the Board of Trustees has determined that a unified development code, entitled "Firestone Development Code" ("FDC") is a critical tool in the implementation of the Town's updated master plans and the best means of implementing the Town's existing regulations related to zoning, platting and the development and use of land; and WHEREAS, the FDC is a compilation of development regulations included in zoning, subdivision, and other land use and development related ordinances and regulations, replacing the previously adopted zoning and subdivision ordinances that were found in Title 16 and Title 17 of the Firestone Municipal Code and the previously adopted Firestone Development Regulations, as originally adopted by Board of Trustees Resolution No. 13-22 and thereafter amended from time to time; and WHEREAS, the FDC has been designed to lessen congestion in the streets, to secure safety from fire, panic, and other dangers; and 1 • WHEREAS, the FDC has been adopted to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to conserve energy; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks, and other public interests; and WHEREAS, the Town desires to achieve orderly urban development through land subdivision; to promote and develop land to attain the best possible community environment in accordance with the comprehensive plan; and to provide for adequate municipal services and safe streets; and WHEREAS, the Town of Firestone Planning and Zoning Commission held a public hearing on May 7, 2020 and May 21, 2020 with respect to the adoption of the Firestone Development Code, and has recommended to the Board of Trustees that it adopt the Firestone Development Code as the official zoning code of the Town, and that Titles 16 and 17 of the Firestone Municipal Code and the Firestone Development Regulations be repealed; and WHEREAS, the Board of Trustees held a public hearing on June 24, 2020 with respect to the adoption of the Firestone Development Code; and WHEREAS, the Board of Trustees finds and declares that adoption of the Firestone Development Code will promote the public health, safety, morals and general welfare of the Town's residents and inhabitants. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Land Development Regulations for the Town of Firestone, as originally adopted by Resolution No. 13-22 and thereafter amended from time to time, are hereby repealed in their entirety. Section 2. Title 16, "Subdivisions," of the Firestone Municipal Code and Title 17, "Zoning," of the Firestone Municipal Code are hereby repealed in their entirety and re-enacted and re -titled as Title 16 of the Firestone Municipal Code, to read as follows: Title 16 — Firestone Development Code Chapter 16.04 — General Provisions 16.04.010 — Adoption of the Firestone Development Code. The unified development code as filed with the Town of Firestone Town Clerk on June 24, 2020 and as provided in Exhibit A, attached hereto and made a part hereof, is hereby adopted in its entirety by reference as the official subdivision and zoning code for the Town of Firestone, to be known and may be cited as the "Firestone Development Code," as if fully set out in this codification. The Firestone Development Code and all amendments thereto shall be maintained in and kept current by the department of planning and development and shall be available to the public. 2 • 16.04.020 — Rezoning. A. Any land rezoned after June 24, 2020 shall not be rezoned to zone districts in the former Title 17. B. An application to rezone only a portion of land in a PUD zone district under the former Title 17 to a zone district in the Firestone Development Code need only be filed and signed by all owners or authorized representatives of the owners of the property within the subarea(s), platted lot(s), or metes and bounds parcel(s) of land proposed to be rezoned, and does not require all owners or authorized agents of the owners of property within the entirety of the land retaining such PUD zoning under the former Title 17 to file and sign the application. Any application submitted under this subsection (b) must utilize the procedures in the Firestone Development Code. C. Any land that remains zoned to PUD zoning under the former Title 17 or remains zoned to zone districts in the former Title 17 after June 24, 2020, if rezoned after June 24, 2020, may only be rezoned to zone districts in the Firestone Development Code utilizing the procedures of the Firestone Development Code. 16.04.030 — Official zoning and floodplain maps. A. The digital maps created and maintained by the department of planning and development and published by the Town delineating the boundaries of the various zone • districts, together with all notations, matters and things shown on such maps, are hereby adopted and approved, incorporated herein and made a part hereof and collectively shall constitute the official zoning map of the Town of Firestone ("official zoning map"). The official zoning map may be amended from time to time as provided in the Firestone Development Code. All amendments to the official zoning map shall be maintained in and kept current by the department of planning and development and made available to the public. • B. The digital maps created and maintained by the department of planning and development and published by the Town delineating the location and boundaries of the regulatory floodplain designated in the Firestone Development Code, together with all notations, matters and things shown on such maps, are hereby established, adopted and approved, incorporated herein and made a part hereof and collectively shall constitute the official floodplain maps of the Town of Firestone ("official floodplain map"). The official floodplain map may be amended from time to time as provided in the Firestone Development Code. The department of planning and development shall maintain and keep a copy of the official floodplain map and the amendments thereto. C. All land located within the Town of Firestone shown on the official zoning map as being zoned to a zone district in the Firestone Development Code is hereby rezoned as designated on the official map. All land within the Town of Firestone not being rezoned to a zone district in the Firestone Development Code shall retain its zoning under the former Title 17 as shown on the official map, until and unless rezoned. 3 D. Changes made in district boundaries or floodplain boundaries or other matter portrayed on the official zoning maps or official floodplain maps shall be made in accordance with the provisions of the Firestone Development Code. Section 3. Copies of the Firestone Development Code, as referenced herein, shall be available for inspection at the Office of the Town Clerk. Section 4. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section S. Violations of this ordinance in addition to the penalties ser forth herein may be punishable in accordance with Section 1.16.010 of the Town of Firestone, Municipal Code. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED IN FULL thish day of 2020. PASSED AND ADOPTED UPON E READING AND ORDERED PUBLISHED this2 th day of , 2020 a S t t;jar, Mayor AS TO FORM: illiaW PlWlayashi, Town Attorney 4 • ORDINANCE NO.975 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, REPEALING TITLES 16 AND 17 OF THE FIRESTONE MUNICIPAL CODE AND THE FIRESTONE DEVELOPMENT REGULATIONS IN THEIR ENTIRETY; REENACTING AND RETITLING TITLE 16 OF THE FIRESTONE MUNICIPAL CODE ADOPTING BY REFERENCE AND ESTABLISHING THE FIRESTONE DEVELOPMENT CODE AS THE OFFICIAL SUBDIVISION AND ZONING CODE FOR THE TOWN OF FIRESTONE CODIFIED PERTAINING TO THE REGULATION OF LAND USE AND DEVELOPMENT WITHIN THE TOWN OF FIRESTONE, COLORADO WHEREAS; the Board of Trustees of the Town of Firestone ("Town") and the Firestone Planning and Zoning Commission have determined that the Town's subdivision and zoning regulations contained in Titles 16 and 17 of the Firestone Municipal Code, entitled "Subdivisions" and "Zoning," respectively, are outdated and no longer meet the needs of the Town of Firestone; and WHEREAS, the To intends to consolidate in one place and in logical order to avoid duplication and conflicts in terms and definitions all of its ordinances and regulations pertaining to land use and development, zoning districts that regulate and restrict the use of property for residential, commercial, industrial and other purposes, procedures for the submission, review and approval of site development plans, subdivision plats, initial zoning and rezoning, vested property rights and other development applications, and the administration and enforcement of such ordinances and regulations; and WHEREAS, the Town fiurtber desires to make available to all those who are concerned with land use and development to have access to the regulation thereof in one convenient ordinance, which is capable of being published and distributed as a separate and comprehensive segment of the Firestone Municipal Code as a whole; and WHEREAS, the Board of Trustees has determined that a unified development code, entitled "Firestone Development Code" ("FDC") is a critical tool in the implementation of the Town's updated master plans and the best means of implementing the Town's existing regulations related to zoning, platting and the development and use of land; and WHEREAS, the FDC is a compilation of development regulations included in zoning, subdivision, and other land use and development related ordinances and regulations, replacing the previously adopted zoning and subdivision ordinances that were found in Title 16 and Title 17 of the Firestone Municipal Code and the previously adopted Firestone Development Regulations, as originally adopted by Board of Trustees Resolution No. 13-22 and thereafter amended from time to time; and WHEREAS, the FDC has been designed to lessen congestion in the streets, to secure . safety from fire, panic, and other dangers; and l . WHEREAS, the FDC has been adopted to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to conserve energy; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks, and other public interests; and WHEREAS, the Town desires to achieve orderly urban development through land subdivision; to promote and develop land to attain the best possible community environment in accordance with the comprehensive plan; and to provide for adequate municipal services and safe streets; and WHEREAS, the Town of Firestone Planning and Zoning Commission held a public hearing on [INSERT DATE] with respect to the adoption of the Firestone Development Code, and has recommended to the Board of Trustees that it adopt the Firestone Development Code as the official zoning code of the Town, and that Titles 16 and 17 of the Firestone Municipal Code and the Firestone Development Regulations be repealed; and WHEREAS, the Board of Trustees held a public hearing on [INSERT DATE] with respect to the adoption of the Firestone Development Code; and WHEREAS, the Board of Trustees finds and declares that adoption of the Firestone Development Code will promote the public health, safety, morals and general welfare of the Town's residents and inhabitants. so NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Land Development Regulations for the Town of Firestone, as originally adopted by Resolution No. 13-22 and thereafter amended from time to time, are hereby repealed in their entirety. Section 2. Title 16, "Subdivisions," of the Firestone Municipal Code and Title 17, "Zoning," of the Firestone Municipal Code are hereby repealed in their entirety and re-enacted and re -tided as Title 16 of the Firestone Municipal Code, to read as follows: Title 16 — Firestone Development Code Chapter 16.04 — General Provisions 16.04.010 — Adoption of the Firestone Development Code. The unified development code as filed with the Town of Firestone Town Clerk on May 27, 2020 and as provided in Exhibit A, attached hereto and made a part hereof, is hereby adopted in its entirety by reference as the official subdivision and zoning code for the Town of Firestone, to be known and may be cited as the "Firestone Development Code," as if fully set out in this codification. The Firestone Development Code and all amendments thereto shall be maintained in and kept current by the department of planning and development and shall be available to the • public. 2 0 16.04.020 — Rezoning. A. Any land rezoned after May 27, 2020 shall not be rezoned to zone districts in the former Title 17. B. An application to rezone only a portion of land in a PUD zone district under the former Title 17 to a zone district in the Firestone Development Code need only be filed and signed by all owners or authorized representatives of the owners of the property within the subarea(s), platted lot(s), or metes and bounds parcel(s) of land proposed to be rezoned, and does not require all owners or authorized agents of the owners of property within the entirety of the land retaining such PUD zoning under the former Title 17 to file and sign the application. Any application submitted under this subsection (b) must utilize the procedures in the Firestone Development Code. C. Any land that remains zoned to PUD zoning under the former Title 17 or remains zoned to zone districts in the former Title 17 after May 27, 2020, if rezoned after May 27, 2020, may only be rezoned to zone districts in the Firestone Development Code utilizing the procedures of the Firestone Development Code. 16.04.030 — Official zoning and floodplain maps. A. The digital maps created and maintained by the department of planning and development and published by the Town delineating the boundaries of the various zone ofdistricts, together with all notations, matters and things shown on such maps, are hereby adopted and approved, incorporated herein and made a part hereof and collectively shall constitute the official zoning map of the Town of Firestone ("official zoning map"). The official zoning map may be amended from time to time as provided in the Firestone Development Code. All amendments to the official zoning map shall be maintained in and kept current by the department of planning and development and made available to the public. B. The digital maps created and maintained by the department of planning and development and published by the Town delineating the location and boundaries of the regulatory floodplain designated in the Firestone Development Code, together with all notations, matters and things shown on such maps, are hereby established, adopted and approved, incorporated herein and made a part hereof and collectively shall constitute the official floodplain maps of the Town of Firestone ("official floodplain map"). The official floodplain map may be amended from time to time as provided in the Firestone Development Code. The department of planning and development shall maintain and keep a copy of the official floodplain map and the amendments thereto. C. All land located within the Town of Firestone shown on the official zoning map as being zoned to a zone district in the Firestone Development Code is hereby rezoned as designated on the official map. All land within the Town of Firestone not being rezoned to a zone district in the Firestone Development Code shall retain its zoning under the former Title 17 as shown on the official map, until and unless rezoned. 3 D. Changes made in district boundaries or floodplain boundaries or other matter portrayed on the official zoning maps or official floodplain maps shall be made in accordance with the provisions of the Firestone Development Code. Section 3. Copies of the Firestone Development Code, as referenced herein, shall be available for inspection at the Office of the Town Clerk. Section 4. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. - Section 5. Violations of this ordinance in addition to the penalties ser forth herein may be punishable in accordance with Section 1.16.010 of the Town of Firestone, Municipal Code. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED 1N FULL thi th day of nj A4 , 2020. 40 PASSED AND ADOPTED UPON SECOND READING AND ORDERED PUBLISHED thiQjth day of MJW , 2020 \�ES�OI�F )O SEAL _C' l 1 % ;j O WN OF FIRESTONE, COLORADO �� 1�n &&' bi Sin ar, Mayor APPR ED AS TO FORM: Willi frayashi, Town Attorney 4 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF TOWN OF FIRESTONE, COLORADO., WATER ENTERPRISE REVENUE BONDS, SERIES 2020; PROVIDING FOR THE SOURCE OF PAYMENT OF SUCH BONDS, AND PROVIDING OTHER DETAILS CONCERNING THE BONDS AND THE TOWN'S. WATER SYSTEM; AND DECLARING AN EMERGENCY WHEREAS, the Town of Firestone, Colorado (the "Town") is a municipal . corporation duly organized and existing under the Constitution and laws of the State of Colorado (the "State' ); and WHEREAS, the members of the Board of Trustees of the Town (the "Board") have been duly elected or appointed and qualified; and WHEREAS, the Town now owns and operates a municipal water system (the "System"); and WHEREAS, by Ordinance No. 297 of the Town adopted on October 14, 1993, the Board established the Town of Firestone Water Activity Enterprise as a "water activity enterprise" pursuant to Title 37, Article 45.1, C.R.S.(the."Water Enterprise Act"), for the purpose of operating and accounting for the operations of the System; and WHEREAS, the Board has determined, and hereby determines that. the System constitutes an enterprise pursuant to Article X, Section 20 of the Colorado Constitution and the Water Enterprise Act; and WHEREAS, the Town is authorized by Title 29, Article 1, Part 2, C.R.S.; to enter into contracts with other municipalities, special districts, or political subdivisions of the State to establish a water authority to be used to effect the development of water resources, systems and facilities, in whole or in part for the benefit of the inhabitants and service users of the contracting parties or others at the discretion of the board of directors of the water authority; and WHEREAS, the Town has heretofore entered into that certain St, Wain Water Authority Establishing Contract (the "Establishing Contract") with the Little Thompson Water District, a quasi -municipal corporation and political subdivision of the State (the "Little Thompson"), to form the St. Vrain Water Authority (the "Authority") for the purpose of effecting the development of systems and facilities for the purposes of furnishing a potable water supply for the benefit of the inhabitants and service users of the Town and Little Thompson; and WHEREAS, the Board has determined, and hereby determines, that is necessary and in the best interest of the Town and its inhabitants that the Town finance the costs of acquiring, constructing and installing Capital Improvements to the System, including constructing .a new water treatment facility to be owned and operated by the Authority which will provide treated water to the System (the "Authority Project" or, together with the Capital Improvements of the System, the "Improvement Project"); and WHEREAS, pursuant to Ordinance No. 902 of the Town adopted by the Board on ' 10 January 11, 2017 (the "2017 Bond Ordinance"), the Town has heretofore entered into a Loan Contract dated as of March 8, 2017, (the "Series 2017 Loan Contract") with the State of Colorado for the use and benefit of the Department of Natural Resources, Colorado Water Conservation Board (the "CWCB"), and issued a promissory note secured by a pledge of the Net Revenues (hereinafter defined) of the System, originally issued in the aggregate principal amount of $10,000,000 and currently outstanding in the amount of $5,905,801, to evidence a loan made by the CWCB to the Town (the "Series 2017 Note"); and WHEREAS, the Town is authorized by Section 31-35-402(1)0), C.R.S., to issue revenue refunding bonds to refund, pay or discharge all or any part of its outstanding water revenue bonds issued under any law for the purpose of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds; and WHEREAS, the Board has determined, and hereby determines, that it is necessary and in the best interest of the Town and its inhabitants that the Town delegate the authority to the Mayor, the Town Manager, or Finance Director of the Town to hereafter determine in the Sale Certificate (hereinafter defined) whether to refund the Series 2017 Note for the purpose of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds (the "Refunding Project" and together with the Improvement Project, the "Project"); and WHEREAS, the Town intends to issue its "Town of Firestone, Colorado, Water Enterprise Revenue Bonds, Series 2020" (the `Bonds") to defray the Cost of the Project ` (hereinafter defined); and WHEREAS, the Town is not delinquent in the payment of any principal or interest requirements under the Series 2017 Note; and WHEREAS, except for the Series 2017 Note, the Town has not pledged nor in any way hypothecated revenues derived and to be derived directly or indirectly from the operation of the System to the payment of any securities or for any other purpose with the result that the Net Revenues may now be pledged lawfully and irrevocably for the payment of the Bonds on a parity with the Series 2017 Note (if the Refunding Project is not effected), and the Bonds may be made payable from the Net Revenues; and WHEREAS, the Town is authorized by Article X, Section 20 of the Colorado Constitution, Title 31, Article 35, Part 4, C.R.S., and the Water Enterprise Act to issue the Bonds without an election; and WHEREAS, the Board has further determined and hereby further declares that the Town is authorized and the Bonds shall be issued pursuant to the provisions of the Water Enterprise Act; Title 31, Article 35; and Title 11, Article 57, Part 2, C.R.S.; and WHEREAS, the Town intends to negotiate a proposal with Stifel, Nicolaus & Company, Incorporated, concerning the purchase of the Bonds; and • 2 Is WHEREAS, pursuant to Section 11-57-205, C.R.S., as amended, the Town desires to delegate to any of the Mayor, the Town Manager or the Finance Director the power to accept the proposal to purchase the Bonds and to determine the rate of interest on the Bonds, the redemption provisions of the Bonds, the price at which the Bonds will be sold, the aggregate principal amount of the Bonds to be issued and the amount of principal maturing, or subject to mandatory redemption, in any particular year; and WHEREAS, the Board has determined and does hereby declare: A. In order to meet the present and future needs of the Town, it is necessary to extend, better, otherwise improve and equip the System and provide for the Authority Project; B. The Bonds shall be issued for the Improvement Project and/or the Refunding Project; C. Net Revenues shall be pledged to the payment of the Bonds on a parity with the Series 2017 Note (if the Refunding Project is not effected); D. Because of market conditions, the Bonds shall be sold by negotiated sale to Stifel, Nicolaus & Company, Incorporated in accordance with its proposal, and such sale is to the best advantage of the Town; and E. All action preliminary to the authorization of the issuance of the Bonds has been taken. WHEREAS, there are on file with the Town Clerk the forms of the following documents: (i) the form of the Purchase Contract; (ii) the form of the Paying Agent Agreement; (iii) the form of a Preliminary- Official Statement; and (iv) the form of the Continuing Disclosure Certificate; and WHEREAS, it is necessary to provide for the form of the Bonds, Bond details, the payment of the Bonds, and other provisions relating to the authorization, issuance, and sale of the Bonds. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 3 0 ARTICLE I DEFINITIONS, INTERPRETATION, RATIFICATION AND EFFECTIVE DATE Section 101. Short Title. This Ordinance shall be known as and may be cited by the short title "Series 2020 Bond Ordinance" (the "Ordinance"). Section 102. Definitions. The terms in this Section for all purposes of this Ordinance and of any ordinance amendatory hereof or supplemental hereto, or relating hereto, and of any other ordinance or any other document pertaining hereto, except where the context by clear implication otherwise requires, shall have the meanings herein specified: "acquire" or "ac uic isition" means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the Federal Government, the State, any body corporate and politic therein, or any other Person, the endowment, bequest, devise, transfer, assignment, option to purchase, other contract, or other acquisition, or any combination thereof, of any properties pertaining to the System, or an interest therein, or any other properties herein designated. "Acquisition Fund" means the special fund designated as the "Town of Firestone, Colorado, Water Enterprise Revenue Bonds, Series 2020, Acquisition Fund," created pursuant to Section 501 hereof. "Authorit ' means the St. Vrain Water Authority. Y "Authority Project" means the acquisition and construction of a new water treatment facility to be owned and operated by the Authority which will provide treated water to the System but which water treatment facility will NOT be part of the System. "Board" means the Board of Trustees of the Town, and any successor governing body of the municipal corporation owning the System. "Bond Counsel" means an attorney or a firm of attorneys, designated by the Town of nationally recognized standing in matters pertaining to the tax status of interest on bonds issued by states and their political subdivisions, duly admitted to the practice of law before the highest court of any state of the United States of America or the District of Columbia. "Bond Fund" means the special fund designated as the "Town of Firestone, Colorado, Water Enterprise Revenue Bonds, Series 2020, Bond Fund" created pursuant to Section 605 hereof. "Bond Requirements" means the principal of, any prior redemption premiums due in connection with, and the intereston the Bonds, any Parity Bonds or other securities payable from the Net Revenues and heretofore or hereafter issued, if any, or such part of such securities as . may be designated. M "Bonds" means the "Town of Firestone, Colorado, Water Enterprise Revenue Bonds, Series 2020" issued pursuant to this Ordinance. "book -entry form" or "book -entry system" means, with respect to the Bonds, a form or system, as applicable, under which physical Bond certificates in fully registered form are registered only in the name of The Depository Trust Company or its nominee as Owner, with the physical Bond certificates "immobilized" in the custody of The Depository Trust Company. The book -entry system maintained by and the responsibility of The Depository Trust Company and not maintained by or the responsibility of the Town or the Paying Agent is the record that identifies, and records the transfer of the interests of, the owners of book -entry interests in the Bonds. "Business Day" means a day of the year, other than a Saturday or Sunday, other than a day on which Commercial Banks located in the city in which the principal corporate trust office of the Paying Agent is located are required or authorized to remain closed and other than a day on which the New York Stock Exchange is closed. "Capital Improvements" means the acquisition of land, water or water rights, easements, facilities, and equipment (other than ordinary repairs and replacements), and the construction or reconstruction of improvements, betterments, and extensions, for use by or in connection with the System. "Closing" means the date of delivery of and payment for the Bonds. • "Code" means the Internal Revenue Code of 1986, as amended to the date of delivery of the Bonds, and the regulations promulgated thereunder. "Combined Maximum Annual Principal and Interest Requirements" means the largest sum of the principal of and interest on the Bonds and any Outstanding Parity Bonds, excluding any securities the principal of which is payable within less than one year from the. date on which issued, to be paid during any one Fiscal Year for the period beginning with the Fiscal Year in which such computation is made and ending with the Fiscal Year in which any Bond or other such security last becomes due at maturity or on a Redemption Date, whichever time is later (but excluding any reserve requirement to secure such payments unless otherwise expressly provided). The word "principal," as used in the preceding sentence, means for all purposes of this paragraph, the principal which must -be paid to security Owners, whether on stated maturity dates or on mandatory Redemption Dates, or otherwise. Any such computation shall be adjusted for all purposes in the same manner as is provided in Section 803 hereof. "Commercial Bank" means a state or national bank or trust company which is a member of the Federal Deposit Insurance Corporation (or any successors thereto) and of the Federal Reserve System, which has a capital and surplus of $10,000,000 or more, and which is located within the United States of America. "Continuing Disclosure Certificate" means the Continuing Disclosure Certificate executed by the Town in connection with the issuance of the Bonds, which constitutes an undertaking pursuant to Rule 15c2-12 promulgated by the U.S. Securities and Exchange Commission. 5 "Cost of the Improvement Project" means all costs of the Improvement Project or any interest therein, as designated by the Town, which cost, at the option of the Town (except as may be otherwise limited by law) may include all, any one or other portion of the incidental costs pertaining to the Improvement Project, including, without limitation: (a) All preliminary expenses or other costs advanced by the Town or advanced by the Federal Government, the State, or by any other Person from any source, with the approval of the Board, or any combination thereof, or otherwise; (b) The costs of making surveys and tests, audits, preliminary plans, other plans, specifications, estimates of costs, and other preliminaries; (c) The costs of contingencies; (d) The costs of premiums on any builders' risk insurance and performance bonds during the construction, installation, and other acquisition of the Project, or a reasonably allocated share thereof; (e) The costs of appraising, printing, estimates, advice, inspection, other services of engineers, architects, accountants, financial consultants, attorneys at law, clerical help, and other agents and employees; (f) The costs of making, publishing, posting, mailing, and otherwise giving any notice in connection with the Improvement Project and the issuance of the Bonds; (g) All costs and expenses of issuing the Bonds including, without limitation, fees of the Paying Agent, Bond Counsel, counsel to the Purchaser, counsel to the Town, financial advisor, rating agencies, and printers to the extent not defrayed as an Operation and Maintenance Expense; (h) The costs of the filing or recording of instruments and the cost of any title insurance premiums; (i) The costs of funding any construction loans and other temporary loans pertaining to the Improvement Project and of the incidental expenses incurred in connection with such loans; 0) The costs of demolishing, removing, or relocating any buildings, structures, or other facilities on land acquired for the Improvement Project, and of acquiring lands to which such buildings, structures or other facilities may be moved or relocated; (k) The costs of machinery and equipment; (1) The costs of any properties, rights, easements, or other interests in properties, or any licenses, privileges, agreements, and franchises; (m) The payment of the premium for the Insurance Policy issued by the Insurer and Reserve Fund Insurance Policy issued by the Surety Provider; 0 (n) The costs of labor, material, and obligations incurred to contractors, builders, and materialmen in connection with the acquisition and construction of the Improvement Project; (o) The costs of amending any ordinance or other instrument pertaining to the Bonds or otherwise to the System; and (p) All other expenses pertaining to the Project. "C.R.S." means the Colorado Revised Statutes, as amended and supplemented as of the date hereof. "CWCB" means the State of Colorado for the use and benefit of the Department of Natural Resources, Colorado Water Conservation Board. "Establishing Contract" means the St. Vrain Water Authority Establishing Contract between the Town and Little Thompson concerning the establishment of the Authority. "Events of Default" means the events stated in Section 1003 hereof. "Federal Government" means the United States of America and any agency, instrumentality or corporation thereof. "Federal Securities" means bills, certificates of indebtedness, notes, or bonds which are direct obligations of, or the principal and interest of which obligations are unconditionally guaranteed by, the United States of America. "Finance Director" means the Director of Finance of the Town, or his or her successor in functions, if any. "Fiscal Year" means the calendar year or any other 12-month period hereafter selected by the Town as its fiscal year. "Gross Revenues" means all fees (including but not limited to user fees and plant investment fees), charges and revenues directly or indirectly derived by the Town for the services furnished by, or use of, the System, or any part thereof, including all income attributable to any future dispositions of property or rights related contracts, settlements, or judgments held or obtained in connection with the System or its operations; provided however, that there shall be excluded from Gross Revenue (a) moneys borrowed and used for providing Capital Improvements, (b) any money and securities, and investment income therefrom, in any refunding fund, escrow account, or similar account pledged to the payment of any bonds or other obligations for the purpose of defeasing the same, and (c) any moneys received as grants or appropriations from the United States, the State of Colorado, or other sources, the use of which is limited or restricted by the grantor or donor to the provision of Capital Improvements or for other purposes resulting in the general unavailability thereof, except to the extent any such moneys shall be received as payments for the use of the System, services rendered thereby, the availability of any such service, or the disposal of any commodities therefrom. 7 "im rove" or "improvement" means the extension, reconstruction, alteration, betterment or other improvement by the construction, purchase or other acquisition of facilities, including, without limitation, appurtenant machinery, apparatus, fixtures, structures and buildings. "Improvement Project" means the acquisition, construction and installation of Capital Improvements to the System and the Authority Project, provided, however, that the Authority Project does not constitute part of the System. "Independent Accountant" means any certified public accountant, or any firm of certified public accountants, duly licensed to practice and practicing as such under the laws of the State: (a) Who is, in fact, independent and not under the domination of the Town; (b) Who does not have any substantial interest, direct or indirect, with the Town, and (c) Who is not connected with the Town as an officer or employee thereof, but who may be regularly retained to make annual or similar audits of any books or records of the Town. "Independent Engineer' means an individual, firm or corporation engaged in the engineering profession of recognized good standing and having specific experience in respect of business and properties of a character similar to those of the System, which individual, firm or corporation has no substantial interest, direct or indirect, in the Town and in the case of an individual, is not a member of the Board, or an officer or employee of the Town, and in the case of a firm or corporation, does not have a partner, director, officer or employee who is a member of the Board or an officer or employee of the Town. "Insurance Agreement" means any agreement entered into between the Town and any Insurer pursuant to Section 212 of this Ordinance. "Insurance Policy" means the municipal bond new issue insurance policy, if any, issued by the Insurer that guarantees payment of principal of and interest on the Bonds when due. "Insurer" means the issuer of the Insurance Policy, if any, as set forth in the Sale Certificate. "Investment Securities" means any securities or other obligations permitted as investments of moneys of the Town under the laws of the State. "Letter of Representations" means the Letter of Representations from the Town to The Depository Trust Company in connection with the issuance of the Bonds in a book - entry system, as supplemented and amended from time to time. n U • "Little Thompson" means the Little Thompson Water District, a quasi - municipal corporation and political subdivision of the State. "Mayor" means the mayor of the Town, or his or her successor in functions. "Mood" means Moody's Investors Services, Inc., a corporation organized and existing under the laws of the State of Delaware, and its successors and assigns. "Net Revenues" means the Gross Revenues remaining after the payment of the Operation a-Zd Maintenance Expenses of the System. "Officiai Statement" means the Official Statement delivered in connection with the original issuance and sale of the Bonds. "Operation and Maintenance Expenses" means all reasonable and necessary current expenses of the Town, paid or accrued, for operating, maintaining, and repairing the System, including without limitation legal and overhead expenses of the Town directly related to the administration of the System; provided however, that there shall be excluded from Operation and Maintenance Expenses any allowance or transfers for depreciation, payments in lieu of taxes or franchise fees, legal liabilities not based on contract, expenses incurred in connection with Capital Improvements, payments due in connection with any bonds or other obligations issued to provide Capital Improvements, and charges for accumulation of reserves. "Outstanding" when used with reference to the Bonds, the Parity Bonds, or any other designated securities and as of any particular date means all the Bonds, the Parity Bonds, or any such other securities payable from the Net Revenues or otherwise pertaining to the System, as the case may be, in any manner theretofore and thereupon being executed and delivered: (a) Except any Bond, Parity Bond, or other security canceled by the Town, by any paying agent; or otherwise on the Town's behalf, at or before such date; (b) Except any Bond, Parity Bond, or other security deemed to be paid as provided in Section 1301 hereof or any similar provision of the ordinance authorizing the issuance,of such other security; and (c) Except any Bond, Parity Bond, or other security in lieu of or in substitution for which another Bond, Parity Bond, or other security shall have been executed and delivered pursuant to Sections 306, 307 or 1108 hereof or any similar provisions of the ordinance authorizing the issuance of such other security. "Owner" means the registered owner of any designated Bond, Parity Bond, or other designated security. "Parity Bonds" means the Series 2017 Note and any other securities hereafter issued payable from and having an irrevocable lien upon the Net Revenues on a parity with the Bonds. I "Parity Bond Ordinances" means the Series 2017 Bond Ordinance, and any agreements hereafter entered into by the Town with respect to Parity Bonds and, without duplication, any ordinances hereafter adopted by the Board authorizing the issuance of Parity Bonds. "Paying Agent" means UMB Bank, n.a., in Denver, Colorado, being an agent of the Town for the payment of the Bond Requirements due in connection with the Bonds, the registrar for the Bonds and for other administration of moneys pertaining to the Bonds, and includes any successor Commercial Bank as paying agent. "Paying, Agent Agreement" means the Registrar and Paying Agent Agreement between the Town and the Paying Agent. "Person" means a corporation, firm, other body corporate (including, without limitation, the Federal Government, the State, or any other body corporate and politic other than the Town), partnership, limited liability company, association or individual, and also includes an executor, administrator, trustee, receiver or other representative appointed according to law. "Policy Costs" means repayment of draws under the Reserve Fund Insurance Policy, if any, plus all related reasonable expenses incurred by the Surety Provider, plus accrued interest thereon. "Preliminary Official Statement" means the Preliminary Official Statement delivered in connection with the original issuance and sale of the Bonds. "Project" means the Improvement Project and the Refunding Project. "Purchase Contract" means the Bond Purchase Agreement between the Town and the Purchaser concerning the purchase of the Bonds. "Purchaser" means Stifel, Nicolaus & Company, Incorporated, Denver, Colorado. "RatingAgency" means each nationally recognized securities rating agency then maintaining a rating on the Bonds and initially means Standard & Poor's. "Rebate Fund" means the special fund designated as the "Town of Firestone, Colorado, Water Enterprise Revenue Bonds, Series 2020, Rebate Fund" created pursuant to Section 609 hereof. "Record Date" means the close of business on the fifteenth day (whether or not a Business Day) of the calendar month next preceding an interest payment date. "Redemption Date" means, with respect to the Series 2017 Note, the date on which the Series 2017 Note is called for prior redemption; or, with respect to the Bonds, the date fixed for the redemption prior to their respective maturities of any Bonds or other designated • securities payable from Net Revenues in any notice of prior redemption or otherwise fixed and designated by the Town. 10 "Refunding Project" means (i) the payment of the interest due on the Series 2017 Note as the same becomes due on or before the Redemption Date; (ii) the payment of principal of the Series 2017 Note as the same becomes due upon prior redemption on the Redemption Date; and (iii) payment of the costs of issuance of the Bonds. "Reserve Fund" means the special fund designated as the "Town of Firestone, Colorado, Water Enterprise Revenue Bonds, Series 2020, Reserve Fund" created pursuant to Section 606 hereof. "Reserve Fund Insurance Policy" means any insurance policy, surety bond, irrevocable letter of credit or similar instrument deposited in or credited to the Reserve Fund in lieu of or in partial substitution for moneys on deposit therein. "Reserve Fund Requirement" has the meaning ascribed to such term in the Sale Certificate, which requirement may be zero. "Sale Certificate" means the sale certificate of the Town relating to the Bonds issued pursuant to the Supplemental Public Securities Act and described in Section 213 hereof. "Series 2017 Bond Ordinance" means the 'Town's Ordinance No. 902, authorizing the issuance of the Series 2017 Note. "Series 2017 Loan Contract" means the Loan Contract between the Town and is the CWCB dated as of March 8, 2017, pursuant to which the Series 2017 Note was issued. "Series 2017 Note" means the note issued by the Town to the CWCB evidencing a loan from the CWCB to the Town which is secured by and payable from the Net Revenues on a parity with the Bonds. • "Special Record Date" means the record date for determining ownership of the Bonds for purposes of paying accrued but unpaid interest, as such date may be determined pursuant to this Ordinance. "Standard & Poor's" means S&P Global Ratings, a division of Standard & Poor's Financial Services LLC, its successors and its assigns. "State" means the State of Colorado. "Subordinate Securities" means securities payable from the Net Revenues subordinate and junior to the lien thereon of the Bonds and any Parity Bonds. "Supplemental Public Securities Act" means Part 2 of Article 57 of Title 11, C.R.S., as amended. "Surety Provider" means the Insurer or any other entity issuing a Reserve Fund Insurance Policy with respect to the Bonds. 11 "System" means the municipal water system consisting of all properties, real, personal, mixed or otherwise, now owned or hereafter acquired by the Town, through purchase, construction and otherwise, and used in connection with such system of the Town, and in any way pertaining thereto, whether or not located within or without or both within and without the boundaries of the Town. "Tax Compliance Certificate" means the Tax Compliance and No Arbitrage Certificate executed by the Town in connection with the initial issuance and delivery of the Bonds. "Term Bonds" means Bonds that are payable on or before their specified maturing dates from sinking fund payments established for that purpose and calculated to retire such Bonds on or before their specified maturity dates. "Town" means the Town of Firestone, Colorado, or any successor municipal corporation owning the System. "Town Clerk" means the town clerk of the Town, or his or her successor in functions, if any. "Town Manager" means the town manager of the Town, or his or her successor in functions, if any. "Trust Bank" means a Commercial Bank which is authorized to exercise and . is exercising trust powers located within or without the State, and also means any branch of the Federal Reserve Bank. • "Water Enterprise Act" means Title 37, Article 45.1, C.R.S. "Water Fund" means a special fund of the Town continued pursuant to Section 602 hereof, designated as the "Town of Firestone, Colorado, Water Fund." Section 103. Parties Interested Herein. Nothing herein expressed or implied confers any right, remedy or claim upon any Person, other than the Town, the Board, the Paying Agent, the Insurer, the Surety Provider, the Owners of the Bonds and the Owners of any Parity Bonds or other securities payable from the Net Revenues when reference is expressly made thereto. All the covenants, stipulations, promises and agreements herein contained by and on behalf of the Town shall be for the sole and exclusive benefit of the Town, the Board, the Paying Agent, the Insurer, the Surety Provider, the Owners of the Bonds and the Owners of any such other securities in the event of such a reference. Section 104. Ratification, Approval of Documents. All action heretofore taken (not inconsistent with the provisions of this Ordinance) by the Board, the officers, employees and agents of the Town and otherwise taken by the Town directed toward the Project and the sale and delivery of the Bonds for such purposes, be, and the same hereby is, ratified, approved and confirmed. 12 U Section 105. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any such bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. All rules of the Board, if any, which might prevent the final passage and adoption of this Ordinance as an emergency measure at this meeting of the Board be, and the same hereby are, suspended. Section 106. Severability. If any section, subsection, paragraph, clause or other provision of this Ordinance for any reason is invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause or other provision shall not affect any of the remaining provisions of this Ordinance. Section 107. Ordinance Irrepealable. After any of the Bonds are issued, this Ordinance shall constitute an irrevocable contract between the Town and the Owner or Owners of the Bonds and this Ordinance shall be and shall remain irrepealable until the Bonds, as to all Bond Requirements, shall be fully paid, canceled, and discharged, except as herein otherwise provided. Section 108. Limitation of Actions. Pursuant to Section 11-57-212 of the Supplemental Public Securities Act, no legal or equitable action brought with respect to any legislative acts or proceedings of the Town in connection with the authorization or issuance of the Bonds, including but not limited to the adoption of this Ordinance, shall be commenced more than 30 days after the authorization of the Bonds. Section 109. Emergency Declaration. It is hereby found and determined by the Board that: (i) the refunding of the Series 2017 Note and the construction of a new water treatment facility are necessary in the public interest in order to properly and safely serve the Town and its residents; (ii) the long-term financing of the Project by the issuance of the Bonds is necessary in order to increase the Town's potable water supply; and (iii) it is necessary to take advantage of the current conditions in the municipal bond market, the continuation of which cannot be predicted. As a result of the foregoing, the Board hereby declares that an emergency exists, and that this Ordinance is necessary to the immediate preservation of the public health and safety, all in accordance with §31 - 16-105, C.R.S. Section 110. Effective Date and Disposition. This Ordinance shall take effect upon adoption by the affirmative vote of three -fourths of the members of the Board pursuant to §31-16-105, C.R.S. This Ordinance, as adopted by the Board, shall be numbered and recorded by the Town Clerk in the official records of the Town. The adoption and publication shall be authenticated by the signatures of the Mayor and the Town Clerk, and by the certificate of publication. 13 0 ARTICLE II DETERMINATION OF THE TOWN' S AUTHORITY AND OBLIGATIONS; APPROVAL OF RELATED DOCUMENTS; AND ELECTION TO APPLY SUPPLEMENTAL PUBLIC SECURITIES ACT TO THE BONDS Section 201. Authority for this Ordinance. This Ordinance is adopted by virtue of the Town's power as a statutory municipality pursuant to Title 31, Article 16; Title 31, Article 35, Part 4, C.R.S.; the Water Enterprise Act; the Supplemental Public Securities Act; and all other laws of the State thereunto enabling. Section. 202. Bonds EAually Secured. The covenants and agreements herein set forth to be performed on behalf of the Town shall be for the equal benefit, protection and security of the Owners of any and all of the Outstanding Bonds and any Outstanding Parity Bonds heretofore or hereafter authorized and issued, all of which, regardless of the time or times of their issue or maturity, shall be of equal rank without preference, priority or distinction of any of such securities over any other thereof, except as otherwise expressly provided in or pursuant to this Ordinance. Section 203. Special Obligations. All of the Bond Requirements of the Bonds and the Policy Costs shall be payable and collectible solely out of the Net Revenues, which revenues are so pledged; the Owner or Owners of the Bonds, the Insurer, and the Surety Provider may not look to any general or other fund for the payment of such Bond Requirements and Policy • Costs, except the herein designated special funds pledged therefor; the Bonds and the Policy Costs shall not constitute an indebtedness or a debt within the meaning of any constitutional, or statutory provision or limitation.; and the Bonds and the Policy Costs shall not be considered or held to be general obligations of the Town but shall constitute its special obligations. No statutory or constitutional provision enacted after the issuance of the Bonds shall in any manner be construed as limiting or impairing the obligation of the Town to comply with the provisions of this Ordinance or to pay the Bond Requirements of the Bonds and the Policy Costs as herein provided. Section 204. Character of Agreement. None of the covenants, agreements, representations and warranties contained herein or in the Bonds shall ever impose or shall be construed as imposing any liability, obligation or charge against the Town (except the special funds pledged therefor), or against its general credit, or as payable out of its general fund or out of any funds derived from taxation or out of any other revenue source (other than those pledged therefor). Section 205. No Pledge of Property. The payment of the Bonds and the Policy Costs is not secured by an encumbrance, mortgage or other pledge of property of the Town, except for the Net Revenues and other moneys pledged for the payment of the Bond Requirements of the Bonds. No property of the Town, subject to such exception, shall be liable to be forfeited or taken in payment of the Bonds or the Policy Costs. Section 206. No Recourse Against Officers or Agents. No recourse shall be had for the payment of the Bond Requirements of the Bonds or the Policy Costs or for any claim based thereon or otherwise upon this Ordinance or any other ordinance pertaining hereto, against any individual member of the Board or any officer, employee or other agent of the Town, past, 14 present or future, either directly or indirectly through the Board, or the Town, or otherwise, whether by virtue of any penalty or otherwise, all such liability, if any, being by the acceptance of the Bonds and as part of the consideration of their issuance specially waived and released. Section 207. Authorization of the Project. The Board, on behalf of the Town, does hereby determine to undertake the Project, which is hereby authorized, and the proceeds of the Bonds shall be used therefor. Section 208. Enterprise Status. The Board, on behalf of the Town, hereby confirms its determination that the System shall be an "enterprise" for the purposes of Article X, Section 20 of the State Constitution. In particular, the System shall be owned by the Town and shall have the power to issue revenue bonds in the manner and payable from the sources set forth in this Ordinance. Section 209. Sale of Bonds. The Bonds shall be sold by negotiated sale to the Purchaser. Pursuant to the Supplemental Public Securities Act, the Board hereby delegates to the Mayor, the Town Manager or the Finance Director the authority to execute the Purchase Contract submitted by the Purchaser and to execute the Sale Certificate confirming the bond details set forth in Section 213. Such authorization shall be valid for one year following the adoption of this Ordinance. Section 210. Official Statement. The preparation and use of the Preliminary Official Statement and of the final Official Statement are hereby authorized. The Mayor, the Town . Manager, and the Finance Director are hereby authorized to approve, on behalf of the Town, the Official Statement, in substantially the form of the Preliminary Official Statement with such changes as are hereinafter approved. The execution of the Official Statement by the Mayor, the Town Manager or the Finance Director shall be conclusively deemed to evidence the approval of the form and contents thereof by the Town. Section 211. Paying Agent Agreement. The Board hereby determines to approve the Paying Agent Agreement in substantially the form as is on file with the Town. If the Paying Agent appointed thereunder shall resign, or if the Town shall determine to remove the Paying Agent, then the Town may appoint a successor Paying Agent, upon notice mailed to each Owner of any Bond at such Person's address last shown on the registration records maintained by the Paying Agent or by electronic means to DTC or its successors. No resignation or dismissal of the Paying Agent may take effect until a successor has been appointed and has accepted the duties of the Paying Agent. Every such successor Paying Agent shall be a Commercial Bank. Section 212. Other Related Documents. The forms, terms and provisions of, and the performance by the Town of its obligations under the Preliminary Official Statement, the Purchase Contract, the Paying Agent Agreement, and the Continuing Disclosure Certificate are hereby approved and the Mayor, the Town Manager, the Finance Director and/or the Town Clerk and any deputy thereof are hereby authorized and directed to execute each of such documents on behalf of and in the name of the Town, and to deliver each of such documents, in substantially the form on file with the Town Clerk, with such changes as are not inconsistent herewith. The Mayor, the Town Manager and the Finance Director are hereby independently authorized to execute and ideliver the Purchase Contract, the Sale Certificate, and any Insurance Agreement as may be 15 required by an Insurer relating to the issuance of the Insurance Policy or a Surety Provider relating to the Reserve Fund Insurance Policy. The execution of any instrument by the Persons herein authorized shall be conclusive evidence of the approval by the Town of such instrument in accordance with the terms hereof. Section 213. Election to Apply Supplemental Public Securities Act to the Bonds. Pursuant to Section 11-57-204 of the Supplemental Public Securities Act, a public entity, including the Town, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Public Securities Act. The Board hereby elects to apply all of the provisions of the Supplemental Public Securities Act to the Bonds. Pursuant to Section 11-57-205 of the Supplemental Public Securities Act, the Board hereby delegates to any of the Mayor, the Town Manager or the Finance Director the authority to make the following determinations with respect to the Bonds, subject to the parameters and restrictions contained in this Ordinance, without any requirement that the Board approve such determinations: (i) Interest Rate. The net effective rate of interest to be borne by the Bonds shall not exceed 4.25% per annum; (ii) Refunding Project. Whether the Series 2017 Note shall be refunded. (iii) Section 31-35-412(2), C.R.S., Determination. The aggregate principal and interest costs of the Bonds issued to accomplish the Refunding Project (the "Refunding Bonds") for the period ending on the scheduled final maturity date of the Series 2017 Note, without regard to any redemptions that may be made prior to such scheduled maturity date, shall not exceed such unaccrued costs of the Series 2017 Note for the same time period, excluding from the computation of the aggregate principal and net interest cost of the Refunding Bonds the amount of the principal of any Refunding Bonds issued to pay any interest in arrears or about to become due on the Series 2017 Note and to pay any interest on the Refunding Bonds. The final maturity of the Series 2017 Note shall not be extended over fifteen years. (iv) Redemption Provisions, The Bonds shall be subject to optional redemption at such time or times as permitted by State law and as set forth in the Sale Certificate, at a redemption price not to exceed 100%. (v) Purchase Price. The purchase price of the Bonds shall not be less than 98% of the aggregate principal amount of the Bonds; (vi) Principal Amount. The aggregate principal amount of the Bonds shall not exceed $58,000;000. (vii) Maturity Schedule. The amount of principal of the Bonds maturing in any year, or mandatory sinking fund redemption payments coming due in any year, shall not be more than $3,200,000 annually, and the total repayment cost of the Bonds shall not exceed $112,000,000. • 2052. (viii) Term of the Bonds. The Bonds shall not mature later than December 1, IG7 0 on the Bonds; (ix) Capitalized Interest. The existence and amount of any capitalized interest (x) Reserve Fund. The existence and amount of any Reserve Fund; and (xi) Bond Insurance. Whether the Bonds will be secured by an Insurance Policy or a Reserve Fund Insurance Policy and the terms of any agreement with the provider of such Insurance Policy or Reserve Fund Insurance Policy. Such determinations shall be evidenced by the Sale Certificate signed by the Mayor, the Town Manager or the Finance Director, dated and delivered as of the Closing Date, which shall not be more than one year from the date of adoption of this Ordinance. If the Town shall determine to not obtain an Insurance Policy to secure the payment of principal of and interest on the Bonds, or not to obtain a Reserve Fund Insurance Policy, any applicable references to the Insurer, the Insurance Policy, the Reserve Fund Insurance Policy, the Surety Provider, Policy Costs, the Insurance Agreement, or other provisions relating to bond insurance shall be of no force or effect. ARTICLE III AUTHORIZATION, TERMS, EXECUTION AND ISSUANCE OF BONDS Section 301. Authorization of Bonds. For the purpose of protecting the public health, conserving the property and advancing the general welfare of the citizens of the Town and of defraying wholly or in part the Cost of the Project, the Town hereby authorizes to be issued its "Town of Firestone, Colorado, Water Enterprise Revenue Bonds, Series 2020" in the aggregate principal amount set forth in the Sale Certificate, subject to the parameters and restrictions contained in this Ordinance; and the Town pledges irrevocably, but not necessarily exclusively, the Net Revenues to the payment of the Bond Requirements of the Bonds. The Bonds are issued in accordance with the Constitution and laws of the State, specifically the Water Enterprise Act; Title 31, Article 35, C.R.S.; and the Supplemental Public Securities Act; and the provisions of this Ordinance. Section 302. Bond Details. L A. Basic Provisions. The Bonds shall be issued in fully registered form (i.e. registered as to payment of both principal and interest), in denominations of $5,000 or any integral multiple thereof. The Bonds shall be lettered "R" and shall be numbered separately from 1 upward. The Bonds shall be dated as of the date of their delivery to the Purchaser. The Bonds shall mature on December 1, in the years and amounts and subject to prior redemption as set forth herein and in the Sale Certificate. The Bonds shall bear interest from the most recent interest payment date to which interest has been paid, or if no interest has been paid, from their delivery date until their respective maturities (or prior redemption) at the rates set forth in the Sale Certificate. No interest shall accrue on any Bonds owned by or on behalf of the Town. Interest on the Bonds shall be calculated on the basis of a 360 day year of twelve 30 day months, payable semiannually on each ,Tune 1 and December 1, commencing on the date provided in the Sale Certificate. 17 B. Payment of Bonds. The principal of each Bond shall be payable at the principal corporate trust office of the Paying Agent, or at such other office as the Paying Agent directs in writing to the Owners of the Bonds, or at the principal office of its successor, upon presentation and surrender of the Bond. Payment of interest on any Bond shall be made to the Owner thereof by the Paying Agent on or before each interest payment date, (or, if such interest payment date is not a Business Day, on or before the next succeeding Business Day), to such Owner at such Person's address as it appears on the registration records kept by the Paying Agent on the Record Date; but any such interest not so timely paid or duly provided for shall cease to be payable to the Person who is the Owner thereof at the close of business on the Record Date and shall be payable to the Person who is the Owner thereof at the close of business on a Special Record Date for the payment of any such defaulted interest. Such Special Record Date and the date fixed for payment of such defaulted interest shall be fixed by the Paying Agent whenever moneys become available for payment of the defaulted interest, and notice of the Special Record Date shall be given to the Owners not less than ten days prior to the Special Record Date by first-class mail to each such Owner as shown on the Paying Agent's registration books on a date selected by the Paying Agent, stating the date of the Special Record Date and the date fixed for the payment of such defaulted interest. The Paying Agent may make payments of interest on any Bond by such alternative means as may be mutually agreed to between the Owner of such Bond and the Paying Agent. If any Bond is not paid upon its presentation and surrender at or after its maturity or prior redemption, interest shall continue at its stated rate per annum until the principal thereof is paid in full. All such payments shall be made in lawful money of the United States of America. Section 303. Execution of Bonds. The Bonds shall be executed in the name of the Town by the manual or facsimile signature of the Mayor, shall be sealed with the corporate seal of the Town or a facsimile thereof thereunto affixed, imprinted, engraved or otherwise reproduced and shall be attested by the manual or facsimile signature of the Town Clerk. Any Bond may be signed (manually or by facsimile), sealed or attested on behalf of the Town by any person who, at the date of such act, shall hold the proper office, notwithstanding that at the date of authentication, issuance or delivery, such.person may have ceased to hold such office. The Mayor and the Town Clerk may adopt as and for his or her own facsimile signature the facsimile signature of his or her predecessor in office in the event that such facsimile signature appears on any of the Bonds. Before the execution of any Bond, the Mayor and the Town Clerk shall each file with the Secretary of State of the State his or her manual signature certified by him or her under oath. Section 304. Authentication Certificate. The authentication certificate upon the Bonds shall be substantially in the form and tenor provided in the form of the Bonds attached to this Ordinance as Exhibit A. No Bond shall be secured hereby or entitled to the benefit hereof, nor shall any Bond be valid or obligatory for any purpose, unless the certificate of authentication, substantially in such form, has been duly executed by the Paying Agent and such certificate of the Paying Agent upon any Bond shall be conclusive evidence that such Bond has been authenticated and delivered hereunder. The certificate of authentication shall be deemed to have been duly executed by it if manually signed by an authorized officer or employee of the Paying Agent, but it shall not be necessary that the same officer or employee sign the certificate of authentication on all of the Bonds. Section 305. Registration and Pam. The Paying Agent shall keep or cause to be kept sufficient records for the registration and transfer of the Bonds, which shall at all times 18 be open to inspection by the Town. Upon presentation for such purpose, the Paying Agent shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said records, Bonds as herein provided. Except as provided in Section 307 hereof, the Person in whose name any Bond shall be registered on the registration records kept by the Paying Agent shall be deemed and regarded as the absolute owner thereof for the purpose of making payment of the Bond Requirements thereof and for all other purposes; and payment of or on account of the Bond Requirements of any Bond shall be made only to the Owner thereof or such Person's legal representative, but such registration may be changed upon transfer of such Bond in the manner and subject to the conditions and limitations provided herein. All such payments shall be valid and effectual to discharge the liability upon such Bond to the extent of the sum or sums so paid. The foregoing provisions of this Section are subject to the provisions of Section 308 hereof. Section 306. Transfer and Exchange. Any Bond may be transferred upon the records required to be kept pursuant to the provisions of Section 305 hereof by the Person in whose name it is registered, in person or by such Person's duly authorized attorney, upon surrender of such Bond for cancellation, accompanied by delivery of a written instrument of transfer in a form approved by the Paying Agent, duly executed. Whenever any Bond or Bonds shall be surrendered for transfer, the Paying Agent shall authenticate and deliver a new Bond or Bonds for a like aggregate principal amount and of the same maturity and interest rate and of any authorized denominations. The Bonds may be exchanged by the Paying Agent for a like aggregate principal amount of Bonds of the same maturity and interest rate and of other authorized denominations. The execution by the Town of any Bond of any denomination shall constitute full and due authorization of such denomination and the Paying Agent shall thereby be authorized to authenticate and deliver such Bond. The Paying Agent shall not be required to transfer or exchange (a) any Bond subject to redemption during a period beginning at the opening of business 15 days before the day of the mailing of a notice of redemption of Bonds and ending at the close of business on the day such notice is mailed, or (b) any Bond so selected for redemption in whole or in part after the mailing of notice calling such Bond or any portion thereof for prior redemption except the unredeemed portion of Bonds being redeemed in part. The Paying Agent shall require the payment by any Owner requesting exchange or transfer of any tax or other governmental charge required to be paid with respect to such exchange or transfer, and may charge a sum sufficient to pay the cost of preparing each new Bond upon each exchange or transfer and any other expenses of the Town or the Paying Agent incurred in connection therewith. The foregoing provisions of this Section are subject to the provisions of Section 308 hereof. Section 307. Bond Replacement. Upon receipt by the Town and the Paying Agent of evidence satisfactory to them of the ownership of and the loss, theft, destruction or mutilation of any Bond and, in the case of a lost, stolen or destroyed Bond, of indemnity satisfactory to them, and in the case of a mutilated Bond upon surrender and cancellation of the . Bond, (a) the Town shall execute and the Paying Agent shall authenticate and deliver a new Bond 19 of the same date, interest rate and denomination in lieu of such lost, stolen, destroyed or mutilated Bond, or (b) if such lost, stolen, destroyed or mutilated Bond shall have matured or have been called for redemption, in lieu of executing and delivering a new Bond as aforesaid, the Town may pay such Bond. Any such new Bond shall bear a number not previously assigned. The applicant for any such new Bond may be required to pay all expenses and charges of the Town and of the Paying Agent in connection with the issuance of such Bond. All Bonds shall be held and owned upon the express condition that, to the extent permitted by law, the foregoing conditions are exclusive with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds, negotiable instruments or other securities. Section 308. Custodial Deposit. A. Depository. Notwithstanding any contrary provision of this Ordinance, the Bonds initially shall be evidenced by one Bond of the same maturity and interest rate in denominations equal to the aggregate principal amount of the Bonds of the same maturity and interest rate. Such initially delivered Bonds shall be registered in the name of "Cede & Co." as nominee for The Depository Trust Company, the securities depository for the Bonds. The Bonds may not thereafter be transferred or exchanged except: (1) to any successor of The Depository Trust Company or its nominee, which successor must be both a "clearing corporation" as defined in Section 4-8-102(a)(5), C.R.S. and a qualified and registered "clearing agency" under Section 17A of the Securities Exchange Act of 1934, as amended; or (2) upon the resignation of The Depository Trust Company or a successor or new depository institution under clause (1) or this clause (2) of this paragraph A, or a determination by the Board that The Depository Trust Company or such successor or a new depository institution is no longer able to carry out its functions, and the designation by the Board of another depository institution acceptable to the Board and to the depository institution then holding the Bonds, which new depository institution must be both a "clearing corporation" as defined in Section 4-8- 102(a)(5), C.R.S. and a qualified and registered "clearing agency" under Section 17A of the Securities Exchange Act of 1934, as amended, to carry out the functions of The Depository Trust Company or such successor new depository institution; or (3) upon the resignation of The Depository Trust Company or a successor or new depository institution under clause (1) above or designation of a new depository institution pursuant to clause (2) above, or a determination of the Board that The Depository Trust Company or such successor or new depository institution is no longer able to carry out its functions, and the failure by the Board, after reasonable investigation, to locate another depository institution under clause (2) to carry out such depository institution functions. B. Successor. In the case of a transfer to a successor of The Depository Trust Company or its nominee as referred to in clause (1) or (2) of paragraph A hereof, upon receipt of the outstanding Bonds by the Paying Agent together with written instructions for transfer satisfactory to the Paying Agent, a new Bond for each maturity and interest rate of the Bonds then outstanding shall be issued to such successor or new depository, as the case may be, or its nominee, as is specified in such written transfer instructions. In the case of a resignation or determination O under clause (3) of paragraph A hereof and the failure after reasonable investigation to locate another qualified depository institution for the Bonds as provided in clause (3) of paragraph A hereof, and upon receipt of the outstanding Bonds by the Paying Agent, together with written instructions for transfer satisfactory to the Paying Agent, new Bonds shall be issued in authorized denominations as provided in and subject to the limitations of Sections 302, 305, and 306 hereof, registered in the names of such Persons, as are requested in such written transfer instructions; however, the Paying Agent shall not be required to deliver such new Bonds within a period of less than 60 days from the date of receipt of such written transfer instructions. C. Absolute Owner. The Board and the Paying Agent shall be entitled to treat the Owner of any Bond as the absolute owner thereof for all purposes hereof and any applicable laws, notwithstanding any notice to the contrary received by any or all of them and the Board and the Paying Agent shall have no responsibility for transmitting payments or notices to the beneficial owners of the Bonds held by The Depository Trust Company or any successor or new depository named pursuant to paragraph A hereof. D. Payment. The Board and the Paying Agent shall endeavor to cooperate with The Depository Trust Company or any successor or new depository named pursuant to clause (1) or (2) of paragraph A hereof in effectuating payment of the principal amount of the Bonds upon maturity or prior redemption by arranging for payment in such a manner that funds representing such payments are available to the depository on the date they are due. E. Redemption. Upon any partial redemption of any maturity and interest rate of the Bonds, Cede & Co. (or its successor) in its discretion may request the Town to issue and authenticate a new Bond or shall make an appropriate notation on the Bond indicating the date and amount of prepayment, except in the case of final maturity, in which case the Bond must be presented to the Paying Agent prior to payment. The records of the Paying Agent shall govern in the case of any dispute as to the amount of any partial prepayment made to Cede & Co. (or its successor). Section 309. Bond Cancellation. Whenever any Bond shall be surrendered to the Paying Agent upon payment thereof, or to the Paying Agent for transfer, exchange or replacement as provided herein, such Bond shall be promptly canceled in accordance with the customary practices of the Paying Agent and applicable retention laws. Section 310. Conclusive Recitals. Pursuant to Section 11-57-210 of the Supplemental Public Securities Act and this Ordinance, the Bonds shall contain a recital that they are issued pursuant to the Supplemental Public Securities Act. Such recital shall be conclusive evidence of the validity and the regularity of the issuance of the Bonds after their delivery for value. Pursuant to Section 31-35-413, C.R.S., and this Ordinance, the Bonds shall contain a recital that they are issued pursuant to Title 31, Article 35, Part 4, C.R.S. Such recital shall conclusively impart full compliance with all the provisions of such statute and Bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value. Section 311. Bond Born. Subject to the provisions of this Ordinance, each Bond shall be in substantially the form attached hereto as Exhibit A, with such omissions, insertions, endorsements and variations as to any recitals of fact or other provisions as may be 21 required by the circumstances, be required or permitted by this Ordinance, be consistent with this Ordinance or be necessary or appropriate to conform to the rules and requirements of any governmental authority or any usage or requirement of law with respect thereto. ARTICLE IV REDEMPTION Section 401. Optional Redemption. The Bonds will be subject to redemption at the option of the Town from any legally available funds as set forth in the Sale Certificate. Notwithstanding the foregoing, the Bonds may not be redeemed pursuant to this Section unless all Policy Costs, if any, due and owing at the time to the Surety Provider have been paid. Section 402. Mandatory Sinking Fund Redemption. The Term Bonds, if any, shall be subj ect to mandatory sinking fund redemption at the times, in the amounts and at the prices provided in the Sale Certificate. On or before the thirtieth day prior to each such sinking fund payment date, the Paying Agent shall proceed to call the Term Bonds, if any, as provided in the Sale Certificate (or any Term Bond or Term Bonds issued to replace such Term Bonds) for redemption from the sinking fund on the next December 1, and give notice of such call without further instruction or do notice from the Town. At its option, to be exercised on or before the sixtieth day next preceding each such sinking fund Redemption Date, the Town may (a) deliver to the Paying Agent for cancellation Term Bonds subject to mandatory sinking fund redemption on such date in an aggregate principal amount desired or (b) receive a credit in respect of its sinking fund redemption obligation for any Term Bonds of the same maturity and interest rate subject to mandatory sinking fund redemption on such date., which prior to said date have been redeemed (otherwise than through the operation of the sinking fund) and canceled by the Paying Agent and not theretofore applied as a credit against any sinking fund redemption obligation. Each Term Bond so delivered or previously redeemed will be credited by the Paying Agent at the principal amount thereof against the obligation of the Town on such sinking fund date and such sinking fund obligation will be accordingly reduced. The Town will on or before the sixtieth day next preceding each sinking fund Redemption Date furnish the Paying Agent with its certificate indicating whether or not and to what extent the provisions of (a) and (b) of the first sentence of this paragraph are to be availed with respect to such sinking fund payment. Failure of the Town to deliver such certificate shall not affect th-. Paying Agent's duty to give notice of sinking fund redemption as provided in this paragraph. Section 403. Partial Redemption. In the case of Bonds of a denomination larger than $5,000, a portion of such Bond ($5,000 or any integral multiple thereof) may be redeemed, in which case the Paying Agent shall, without charge to the Owner of such Bond, authenticate and issue a replacement Bond or Bonds for the unredeemed portion thereof. 22 . Section 404. Notice of Prior Redemption. Notice of optional or mandatory redemption shall be given by the Paying Agent in the name of the Town by sending a copy of such notice by first-class, postage prepaid mail or by electronic means to DTC or its successors, not more than 60 nor less than 30 days prior to the Redemption Date to each Owner at such Person's address as it last appears on the registration books kept by the Paying Agent; but neither failure to give such notice nor any defect therein shall affect the redemption of any Bond. Such notice shall identify the Bonds to be so redeemed (if less than all are to be redeemed) and the Redemption Date, and shall further state that on such Redemption Date there will become and be due and payable upon each Bond so to be redeemed, at the principal office of the Paying Agent, the principal amount thereof, accrued interest to the Redemption Date, and the stipulated premium, if any, and that from and after such date interest will cease to accrue. Notice having been given in the manner hereinabove provided, the Bond or Bonds so called for redemption shall become due and payable on the Redemption Date so designated; and upon presentation thereof at the principal office of the Paying Agent, the Paying Agent will pay the Bond or Bonds so called for redemption. No further interest shall accrue on the principal of any such Bond called for redemption from and after the Redemption Date, provided sufficient funds are deposited with the Paying Agent and available on the Redemption Date. • Notwithstanding the provisions of this Section, any notice of redemption shall either (a) contain a statement that the redemption is conditioned upon the receipt by the Paying Agent on or before the Redemption Date of funds sufficient to pay the redemption price of the Bonds so called for redemption, and that if such funds are not available, such redemption shall be canceled by written notice to the Owners of the Bonds called for redemption in the same manner as the original redemption notice was mailed, or (b) be given only if funds sufficient to pay the redemption price of the Bonds so called for redemption are on deposit with the Paying Agent in the applicable fund or account. Section 405. Bonds Owned by the Town. Bonds owned by or on behalf of the Town shall not be subject to redemption. At any time the Town may surrender any Bonds owned by or on behalf of the Town to the Paying Agent, which shall promptly cancel such Bonds. Additionally, any securities payable from any Net Revenues held by the Town shall not be deemed to be Outstanding for the purpose of redemption nor Outstanding for the purpose of consents hereunder or for any other purpose herein. Section 406. No Partial Redemption After Default. Anything in this Ordinance to the contrary notwithstanding, if there shall have occurred and is continuing an Event of Default hereunder of which an officer of the Paying Agent has actual knowledge, there shall be no redemption of less than all of the Bonds at the time Outstanding (other than.pursuant to Section 402 hereof). 23 . ARTICLE V USE OF BOND PROCEEDS AND OTHER MONEYS Section 501. Disposition of Bond Proceeds. The proceeds of the Bonds (net of underwriting discount), upon the receipt thereof, and after the payment of the costs of issuing the Bonds, shall be accounted for in the following manner and priority: A. Reserve Fund. An amount equal to the Reserve Fund Requirement as described in the Sale Certificate, if any, shall be credited to the special and separate account hereby created and to be known as the "Town of Firestone, Colorado, Water Enterprise Revenue Bonds, Series 2020, Reserve Fund." B. Capitalized Interest. An amount designated in the Sale Certificate, if any, shall be deposited into the Bond Fund and used to pay capitalized interest. C. Refunding Project. An amount designated in the Sale Certificate, if any, shall be remitted to the Town to pay the costs of the Refunding Project. D. Acquisition Fund. The remaining proceeds derived from the sale of the Bonds shall be credited to the special and separate account hereby created and held by the Town to be known as the "Town of Firestone, Water Enterprise Revenue Bonds, Series 2020, Acquisition Fund." On the date of delivery of the Bonds, the Town may pay from the net proceeds of the Bonds the premiums payable to the Insurer for its Insurance Policy and to the Surety Provider for its Reserve Fund Insurance Policy, if such are designated in the Sale Certificate, or may fund the Reserve Fund with proceeds of the Bonds. Section 502. Payment of Expenses. Moneys deposited in the Acquisition Fund pursuant to Section 501 hereof may be used and paid out by the Town to defray the administrative Costs of the Improvement Project, including, without limitation, amounts to be paid to the Paying Agent, legal fees, accounting fees, financial advisory fees, printing costs and rating fees. The Town may defray any such administrative costs from time to time as Operation and Maintenance Expenses to the extent the moneys deposited in the Acquisition Fund pursuant to Section 501 hereof are insufficient therefor. Section 503. Completion of the Improvement Project. When the Improvement Project is completed in accordance with the relevant plans and specifications and all amounts due therefor, including all proper incidental expenses and all administrative Costs of the Improvement Project referred to in Section 502 hereof, are paid, or for which full provision is made, the Finance Director, to the extent permitted by the Tax Compliance Certificate, shall cause all surplus moneys remaining in the Acquisition Fund, if any, except for any moneys designated in the certificate to be retained to pay any unpaid accrued costs or contingent obligations, to be transferred: (a) to the Rebate Fund so as to enable the Town to comply with Section 930 hereof, (b) to the Reserve Fund to such extent as shall not cause the amount in the Reserve Fund to exceed the Reserve Fund Requirement and (c) to the Bond Fund to the extent of any remaining balance of such moneys to be applied against the next principal payment or payments coming due on the Bonds. Nothing 24 r1 herein prevents the transfer from the Acquisition Fund to the Bond Fund, at any time prior to the termination of the Acquisition Fund, of any moneys that the Finance Director by certificate determines will not be necessary for the Improvement Project and will not be designated to be transferred to the Rebate Fund. Section 504. Lien on Bond Proceeds. Until the proceeds of the Bonds deposited in the Acquisition Fund are applied as herein provided, such Bond proceeds are subject to a lien thereon and pledge thereof for the benefit of the Owners of the Outstanding Bonds as provided in Section 601 hereof. Section 505. Purchaser Not Responsible. The validity of the Bonds is not dependent upon nor affected by the validity or regularity of any proceedings relating to the application of the Bond proceeds. The Purchaser and any subsequent Owners of any of the Bonds are not responsible for the application or disposal by the Town or by any of its officers, agents and employees of the moneys derived from the sale of the Bonds or of any other moneys herein designated. ARTICLE VI ADMINISTRATION OF AND ACCOUNTING FOR PLEDGED REVENUES Section 601. Pledge Securing Bonds. Subject only to the right of the Town to cause amounts to be withdrawn and paid on account of Operation and Maintenance Expenses of the System, the Gross Revenues and, subject to the right of the Town to cause amounts to be withdrawn to pay the Cost of the Project as provided herein and other than moneys and securities held in the Rebate Fund to the extent such amounts are required to be paid to the United States, all moneys and securities paid or to be paid to or held or to be held in any account under this Article or under Section 501 hereof are hereby pledged to secure the payment of the Bond Requirements of the Outstanding Bonds and to secure the obligations of the Town to pay the Policy Costs. The pledge of the Net Revenues to secure the payment of the Bond Requirements of the Outstanding Bonds and any Outstanding Parity Bonds is on a parity with the pledge of the Net Revenues for, and lien thereon of the Parity Bonds heretofore issued and any Parity Bonds hereafter issued in compliance with the provisions of Article VIII hereof. The pledge of Net Revenues to secure the payment of the Policy Costs is subordinate only to the pledge to pay the Bond Requirements with respect to the Bonds and any Parity Bonds. This pledge of the Net Revenues shall be valid and binding from and after the date of the delivery of the Bonds, and the moneys as received by the Town and hereby pledged shall immediately be subject to the lien of this pledge without any physical delivery thereof, any filing, or further act. The lien of this pledge and the obligation to perform the contractual provisions hereby made shall have priority over any or all other obligations and liabilities of the Town except any Outstanding Parity Bonds heretofore or hereafter authorized and any Policy Costs as provided herein. The lien of the pledge of the Net Revenues as described in this Section shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the Town (except as herein otherwise provided) irrespective of whether such parties have notice thereof. 25 Section 602. Water Fund Deposits. So long as any of the Bonds and any Parity Bonds shall be Outstanding, as to any Bond Requirements related to the Bonds and the Parity Bonds, the entire Gross Revenues, upon their receipt from time to time by the Town, shall be set aside and credited immediately to the special and separate account hereby continued and known as the "Town of Firestone, Colorado, Water Fund." Section 603. Administration of Water Fund. So long as any of the Bonds and any Parity Bonds shall be Outstanding, as to any Bond Requirements and Policy Costs related to the Bonds and any Parity Bonds, the following payments shall be made from the Water Fund, as provided in Sections 604 through 611 hereof. Section 604. Operation and Maintenance Expenses. First, as a first charge on the Water Fund, from time to time there shall continue to be held therein moneys sufficient to pay Operation and Maintenance Expenses, as they become due and payable, and thereupon they shall be promptly paid. Any surplus remaining in the Water Fund at the end of the Fiscal Year and not needed for Operation and Maintenance Expenses shall be used for other purposes of the Water Fund as herein provided. Section 605. Bond Fund Payments. Second, from any remaining Net Revenues, there shall be credited, concurrently with each other and with amounts required to meet the Bond Requirements with respect to any Outstanding Parity Bonds, to the special and separate account hereby created and to be known as the "Town of Firestone, Colorado, Water Enterprise Revenue Bonds, Series 2020, Bond Fund" the following amounts: • A. Interest Payments. Monthly, commencing on the first day of the calendar month immediately succeeding the delivery of any of the Bonds, to the Bond Fund, an amount in equal monthly installments necessary, together with any moneys therein and available therefor, to pay the interest due and payable on the Outstanding Bonds on the next succeeding interest payment date. B. Principal Payments. Monthly, commencing on the first day of the month immediately succeeding the delivery of any of the Bonds, or commencing on the first day of the month one year next prior to the first principal payment date of any of the Bonds, whichever commencement date is later, an amount in equal monthly installments necessary, together with any moneys therein and available therefor, to pay the principal and redemption premium, if any, due and payable on the Outstanding Bonds on the next succeeding principal payment date. If prior to any interest payment date or principal payment date, there has been accumulated in the Bond Fund the entire amount necessary to pay the next maturing installment of interest or principal, or both, the payment required in paragraph A or B (whichever is applicable) of this Section 605 may be appropriately reduced; but the required annual amounts again shall be so credited to such account commencing on such interest payment date or principal payment date. The moneys credited to the Bond Fund shall be used to pay the Bond Requirements of the Bonds then Outstanding, as such Bond Requirements become due, except as provided in Sections 607 and 1301 hereof. No interest or principal shall be paid on any Bonds owned by or on behalf of the Town. Nothing herein shall be construed to prevent the Town from 26 creating separate principal and interest accounts for the Bonds and any Parity Bonds and accounting separately for any deposits made thereto on account of the Bonds and any Parity Bonds, if such action is deemed by the Town to be necessary or desirable, provided that any such separate accounts shall have claims to the Net Revenues equal to and on a parity with those of the other - such accounts. Section 606. Reserve Fund. Upon delivery of the Bonds, if specified in the Sale Certificate, either proceeds of the Bonds, cash and/or a Reserve Fund Insurance Policy being provided by Surety Provider in the amount of the Reserve Fund Requirement shall be deposited in the special and separate account hereby created and to be known as the "Town of Firestone, Colorado, Water Enterprise Revenue Bonds, Series 2020, Reserve Fund" in satisfaction of the Reserve Fund Requirement. Any Reserve Fund Insurance Policy shall be held by the Paying Agent. Any Reserve Fund Insurance Policy deposited to the credit of the Reserve Fund shall be valued at the amount available to be drawn or otherwise paid pursuant to such Reserve Fund Insurance Policy at the time of calculation. The Paying Agent shall maintain adequate records as to the amount available to be drawn at any time under the Reserve Fund Insurance Policy and as to the amounts, of which it has knowledge, of Policy Costs paid and owing to the Surety Provider. Such records shall be open to inspection and verification by the Surety Provider during business hours of the Paying Agent. Thereafter, third, except as provided in Section 607 and 608 hereof, and concurrently with any payments required to be made pursuant to any Parity Bond Ordinance with respect to any reserve funds which may be, but are not required to be, established thereby and concurrently with any repayment or similar obligations payable to any surety provider issuing any reserve fund insurance policy with respect to any Parity Bonds, from any moneys remaining in the Water Fund there shall be credited to the Reserve Fund monthly, commencing on the first day of the month next succeeding each date on which the moneys accounted for in the Reserve Fund for any reason are less than the Reserve Fund Requirement, such amounts in substantially equal monthly payments on the first day of each month to re -accumulate the Reserve Fund Requirement by not more than 12 such monthly payments. If a Reserve Fund Insurance Policy is on deposit in the Reserve Fund to fund all or a part of the Reserve Fund Requirement, the amounts payable into the Reserve Fund pursuant to the immediately preceding sentence shall be paid by the Town first to the Surety Provider to reimburse it for Policy Costs due and owing and second to replenish cash in the Reserve Fund. If there are insufficient Net Revenues to comply with the requirements of the first sentence of this paragraph, available Net Revenues shall be credited or paid to the Reserve Fund and to reserve funds which may be established by any Parity Bond Ordinance (or to the Surety Provider or any other surety provider issuing any reserve fund insurance policy with respect to any Parity Bonds) pro rata, based upon the aggregate principal amount of the Bonds and any such Parity Bonds then Outstanding; provided, however, that compliance with the provisions of this sentence shall not cure any Event of Default caused by non-compliance with the first sentence of this paragraph. If there are insufficient Net Revenues to comply with the requirements of the first sentence of this paragraph and more than one Reserve Fund Insurance Policy is on deposit in the Reserve Fund, available Net Revenues credited to or paid to the Reserve Fund shall be applied to reimburse the Surety Provider and any other surety provider providing a Reserve Fund Insurance Policy pro rata, based upon the original amount available to be drawn on each. The Reserve Fund • Requirement shall be accumulated and, if necessary, re -accumulated from time to time, in the Reserve Fund from Net Revenues, except to the extent other moneys are credited to the Reserve 27 Fund, and maintained as a continuing reserve to be used, except as hereinafter provided in Sections 607, 608, 703 and 1301 hereof, only to prevent deficiencies in the payment of the Bond Requirements of the Bonds Outstanding from time to time from the failure to deposit into the Bond Fund sufficient moneys to pay such Bond Requirements as the same accrue and become due. No payment need be made into the Reserve Fund at any time so long as the moneys and/or the Reserve Fund Insurance Policy therein equal not less than the Reserve Fund Requirement and there are no Policy Costs due and owing. The Reserve Fund Requirement shall be re -calculated upon (i) any principal payment, whether at stated maturity or upon redemption, or (ii) the defeasance of all or a portion of the Bonds. The Town may at any time substitute (a) cash or Investment Securities for a Reserve Fund Insurance Policy or (b) a Reserve Fund Insurance Policy for cash or Investment Securities, so long as the amount on deposit in the Reserve Fund after such substitution is at least equal to the Reserve Fund Requirement. Notwithstanding the foregoing, no Reserve Fund Insurance Policy shall be deposited by the Town in the Reserve Fund for such substitution unless the Town has received an opinion of Bond Counsel to the effect that such substitution and the intended use by the Town of the cash or Investment Securities to be released from the Reserve Fund will not adversely affect the exclusion of interest on the Bonds from gross income for federal income tax purposes. Section 607. Termination of Deposits. No payment need be made into the Bond Fund or the Reserve Fund if there are no Policy Costs due and owing and if the amount in the Bond Fund and the amount in the Reserve Fund {exclusive of the amount available under a Reserve Fund Insurance Policy) total a sum at least sufficient so that all Bonds Outstanding are deemed to have been paid pursuant to Section 1301 hereof, in which case moneys therein (taping into account the known minimum gain from any investment of such moneys in Investment Securities from the time of any such investment or deposit shall be needed for such payment which will not be designated for transfer to the Rebate Fund) shall be used (together with any such gain from such investments) solely to pay the Bond Requirements of the Outstanding Bonds as the same become due; and any moneys in excess thereof in those two accounts and any other moneys derived from the Net Revenues or otherwise pertaining to the System may be used to make required payments into the Rebate Fund or in any other lawful manner determined by the Town, as directed in writing by the Finance Director. Section 608. Defrgying Delinquencies. If at any time the Town shall for any reason fail to pay into the Bond Fund the full amount above stipulated from the Net Revenues, then an amount shall be paid into the Bond Fund at such time from the Reserve Fund equal to the difference between that paid from the Net Revenues and the full amount so stipulated. The Town shall use all cash in the Reserve Fund before drawing on a Reserve Fund Insurance Policy. If, (i) upon notice from the Town requesting a draw or (ii) failure of the Paying Agent to receive the Bond Requirements by the third Business Day prior to June 1 or December 1 in each year, the Paying Agent determines that it is necessary to draw on the Reserve Fund Insurance Policy, the Paying Agent shall present a demand for payment, in the form and manner required by the Reserve Fund Insurance Policy, at least two Business Days before funds are needed. If there is more than one Reserve Fund Insurance Policy on deposit in the Reserve Fund, the Paying Agent shall draw on them on a pro rata basis, based upon the amount available to be drawn on each. 28 • Any money so used or drawn shall be replaced as provided in Section 606 hereof from the first Net Revenues thereafter received and not required to be otherwise applied by this Article. Except as provided in Section 606 hereof, the moneys in the Bond Fund and in the Reserve Fund (including any Reserve Fund Insurance Policy) shall be used solely and only for the purpose of paying the Bond Requirements of the Bonds from time to time. If the amount on deposit in the Reserve Fund exceeds the Reserve Fund Requirement for any reason, the amount to be released from the Reserve Fund shall be as directed in writing by the Finance Director. Any excess amount released from the Reserve Fund may be deposited in the Bond Fund, or deposited into a defeasance escrow account, or may be applied for such other purposes authorized by law, as directed in writing by the Finance Director. Section 609. Rebate Fund. Fourth, concurrently with any payments required to be made pursuant to any Parity Bond Ordinances with respect to any rebate funds established thereby, there shall be deposited into the special and separate account hereby created and to be known as the "Town of Firestone, Colorado, Water Enterprise Revenue Bonds, Series 2020, Rebate Fund" moneys in the amounts and at the times specified in the Tax Compliance Certificate so as to enable the Town to comply with Section 930 hereof. Amounts on deposit in the Rebate Fund shall not be subject to the lien and pledge of this Ordinance to the extent that such amounts are required to be paid to the United States Treasury. The Town shall cause amounts on deposit in the Rebate Fund to be forwarded to the United States Treasury (at the address provided in the Tax Compliance Certificate) at the times and in the amounts set forth in the Tax Compliance Certificate. If the moneys on deposit in the Rebate Fund are insufficient for the purposes thereof, the Town shall transfer moneys in the amount of the insufficiency to the Rebate Fund from the Acquisition Fund and, to the extent permitted by Section 608 hereof, from the Reserve Fund and the Bond Fund. Upon receipt by the Town of an opinion of Bond Counsel to the effect that the amount in the Rebate Fund is in excess of the amount required to be contained therein, such excess may be transferred to the Water Fund. Section 610. Pa meat of Additional Securities. Fifth, and subject to the provisions hereinabove in this Article, but subsequent to the payments required by Sections 604, 605, 606 and 609 hereof, any moneys remaining in the Water Fund may be used by the Town for the payment of Bond Requirements of Subordinate Securities, including reasonable reserves for such Subordinate Securities and for rebate of amounts to the United States Treasury with respect to such Subordinate Securities. Section 611. Use of Remaining Revenues. After the payments hereinabove required to be made by Sections 602 through 610 hereof are made, any remaining Net Revenues in the Water Fund shall be used, first, for any one or any combination of reasonably necessary purposes and in the Board's discretion relating to the operation, improvement or debt management of the System and, second, to the extent of any remaining surplus, for any one or any combination of lawful purposes as the Board may from time to time conclusively determine. 29 0 ARTICLE VII GENERAL ADMINISTRATION Section 701. Administration of Accounts. The special accounts designated in Articles V and VI hereof shall be administered as provided in this Article (but not any account under Section 1301 hereof). Section 702. Places and Times of Deposits. Except as hereinafter provided, each of such special accounts shall be maintained by the Town as a book account and kept separate from all other accounts as a trust account solely for the purposes herein designated therefor. The moneys accounted for in such special book accounts may be in one or more bank accounts in one or more Commercial Banks. Each such bank account shall be continuously secured to the fullest extent required or permitted by the laws of the State for the securing of public funds and shall be irrevocable and not withdrawable by anyone for any purpose other than the respective designated purposes. Each periodic payment shall be credited to the proper book account not later than the date therefor herein designated, except that when any such date shall not be a Business Day, then such payment shall be made on or before the next preceding Business Day. Moneys shall be deposited with the Paying Agent for the Bonds not less than (a) three Business Days prior to each interest payment date and each maturity or mandatory Redemption Date, if funds are delivered by wire transfer, or (b) five Business Days prior to each payment date if funds are delivered by another method of payment, in immediately available amounts sufficient to pay the Bond Requirements then becoming due on the Outstanding Bonds. Section 703. Investment of Moneys. Any moneys in the Water Fund, the Acquisition Fund, the Bond Fund, the Reserve Fund, and the Rebate Fund that are not needed for immediate use shall be invested or reinvested by the Finance Director in Investment Securities. All such investments shall (a) either be subject to redemption at any time at a fixed value by the holder thereof at the option of such holder, or (b) mature not later than the estimated date or respective dates on which the proceeds are to be expended as estimated by the Finance Director at the time of such investment or reinvestment; provided that (1) Investment Securities credited to the Reserve Fund shall not mature later than ten years from the date of such investment or reinvestment and (2) collateral securities of any Investment Securities may have a maturity of more than five years from the date of purchase thereof. For the purpose of any such investment or reinvestment, Investment Securities shall be deemed to mature at the earliest date on which the obligor is, on demand, obligated to pay a fixed sum in discharge of the whole of such obligations. Section 704. Accounting for Investments. The Investment Securities so purchased as an investment or reinvestment of moneys in any such account hereunder shall be deemed at all times to be a part of the account. Any interest or other gain from any investments and reinvestments of moneys accounted for in the Water Fund, the Acquisition Fund, the Bond Fund, and the Rebate Fund shall be credited to such fund, and any loss resulting from any such investments or reinvestments of moneys accounted for in the Water Fund, the Acquisition Fund, the Bond Fund, the Reserve Fund and the Rebate Fund shall be charged or debited to such fund. Any interest or other gain from any investment or reinvestment of moneys • accounted for in the Reserve Fund (a) shall be credited to the Rebate Fund or the Bond Fund, at 30 the discretion of the Finance Director, if the amount credited to the Reserve Fund immediately after such credit to the Rebate Fund or the Bond Fund is not less than the Reserve Fund Requirement and (b) if the amount credited to the Reserve Fund is less than the Reserve Fund Requirement, shall be credited to the Reserve Fund (up to the amount of the deficiency). No loss or profit in any account on any investments or reinvestments in Investment Securities shall be deemed to take place as a result of market fluctuations of the Investment Securities prior to the sale or maturity thereof. In the computation of the amount in any account for any purpose hereunder, except as herein otherwise expressly provided or for rebate purposes, as described in the Tax Compliance Certificate, Investment Securities shall be valued at the cost thereof (including any amount paid as accrued interest at the time of purchase of the obligation); provided that any time or demand deposits shall be valued at the amounts deposited, in each case exclusive of any accrued interest or any other gain to the Town until such gain is realized by the presentation of matured coupons for payment or otherwise. Section 705. Redemption or Sale of Investment Securities. The Finance Director shall present for redemption or sale on the prevailing market at the best price obtainable any Investment Securities so purchased as an investment or reinvestment of moneys in the account whenever it shall be necessary in order to provide moneys to meet any withdrawal, payment or transfer from such account. Neither the Finance Director nor any other officer, employee, or agent of the Town shall be liable or responsible for any loss resulting from any such investment or reinvestment made in accordance with this Ordinance. Section 706. Character of Funds. The moneys in any account designated in Articles V and VI hereof shall consist either of lawful money of the United States or Investment Securities, or both such money and such Investment Securities. Moneys deposited in a demand or time deposit account in a bank or savings and loan association, appropriately secured according to the laws of the State, shall be deemed lawful money of the United States. Section 707. Pq ment of Bond Requirements. The moneys credited to any fund or account designated in Article VI hereof for the payment of the Bond Requirements of any Bonds shall be used without requisition, voucher, warrant, further order or authority (other than as contained herein), or any other preliminaries, to pay promptly the Bond Requirements of any Bonds payable from such fund or account as such amounts are due, except to the extent any other moneys are available therefor. 31 ARTICLE VIII SECURITIES LIENS AND ADDITIONAL SECURITIES Section 801. Lien on Bonds. The Bonds constitute an irrevocable lien (but not necessarily an exclusive lien) upon the Net Revenues on a parity with the lien of the Net Revenues of the Parity Bonds. The Policy Costs constitute an irrevocable and subordinate lien (but not necessarily an exclusive subordinate lien) upon the Net Revenues. Section 802. Equality of Bonds. The Bonds and any Parity Bonds heretofore issued or hereafter authorized to be issued and from time to time Outstanding are equitably and ratably secured by a lien on the Net Revenues and shall not be entitled to any priority over one another in the application of the Net Revenues regardless of the time or times of the issuance of the Bonds and any other such Parity Bonds, it being the intention of the Board that there shall be no priority among the Bonds and any such Parity Bonds regardless of the fact that they may be actually issued and delivered at different times, except that (a) moneys in the Acquisition Fund, the Bond Fund and the Reserve Fund shall secure only the Bonds and the moneys in any acquisition, bond, reserve or similar funds established for Parity Bonds shall secure only such Parity Bonds and (b) Parity Bonds may have a lien on Net Revenues on a parity with the lien thereon of the Bonds even if no reserve fund is established for such Parity Bonds or a reserve fund is established but with a different requirement as to the amount of moneys (or the value of a reserve fund insurance policy with respect to such Parity Bonds) required to be on deposit therein or the manner in which such reserve fund is funded or the period of time over which such reserve fund is funded. Section 803. Issuance of Parity Bonds. Nothing herein prevents the issuance by the Town of additional securities payable from the Net Revenues and constituting a lien thereon on a parity with, but not prior nor superior to, the lien thereon of the Bonds; but before any such additional Parity Bonds, except as provided in Section 808, are authorized or actually issued: all of the following conditions must be satisfied: A. Absence of Default. At the time of the adoption of the ordinance authorizing the issuance of the additional securities, the Town shall not be in default in making any payments required by Article VI hereof or by other Parity Bond Ordinances, including any payments of Policy Costs. B. Historic Earnings Te t. The Net Revenues for any consecutive 12-month period within the 18 months immediately preceding the date of issuance of the additional Parity Bonds shall not be less than the sum of (a) 125% of the Combined Maximum Annual Principal and Interest Requirements of the Outstanding Bonds, any Outstanding Parity Bonds and the Parity Bonds proposed to be issued, and (b) 100% of the Policy Costs then due and owing, if any, except as hereinafter otherwise expressly provided. C. Adjustment of Gross Revenues. In any computation under paragraph B of this Section, the amount of the Gross Revenues for the applicable period shall be decreased and may be increased by the amount of loss or gain conservatively estimated by an Independent Accountant, Independent Engineer or the Finance Director, as the case may be, which results from 32 any changes which became effective not less than 60 days prior to the last day of the period for which Gross Revenues are determined, in any schedule of fees, rates and other charges constituting Gross Revenues based on the number of users during the applicable period as if such modified schedule of fees, rates and other charges shall have been in effect during such entire time period. However, the Gross Revenues need not be decreased by the amount of any such estimated loss to the extent the Independent Accountant, the Independent Engineer, or the Finance Director estimates the loss is temporary in nature or will be offset within a reasonable temporary period by an increase in revenues or a reduction in Operation and Maintenance Expenses not otherwise included in the calculations under this Section, and estimates any loss under this sentence will not at any time materially and adversely affect the Town's apparent ability to comply with the rate maintenance covenant stated in Section 921 hereof without modification because of any restrictive legislation, regulation, or other action under the police power exercised by any governmental body. D. Reduction of Annual Requirements. The respective annual Bond Requirements (including as such, the required amount of any prior redemption premiums due on any Redemption Date) shall be reduced to the extent such Bond Requirements are scheduled to be paid in each of the respective Fiscal Years with moneys held in trust or in escrow for that purpose by any Trust Bank, including the known minimum yield from any investment in Federal Securities and any bank deposits, including any certificate of deposit. E. Consideration of Additional Expenses. In determining whether or not additional Parity Bonds may be issued as aforesaid, consideration shall be given to any probable increase (but not reduction) in the Operation and Maintenance Expenses of the System as estimated by the Finance Director that will result from the expenditure of the funds proposed to be derived from the issuance and sale of the additional securities; but the Finance Director may reduce any such increase in Operation and Maintenance Expenses by the amount of any increase in revenues or any reduction in Operation and Maintenance Expenses resulting from the Capital Improvements to which such expenditure relates and not otherwise included in the calculations under this Section, if the Finance Director also opines that any such increase in revenues or reduction in any such increase in Operation and Maintenance Expenses will not materially and adversely affect the Town's apparent ability to comply with the rate maintenance covenant stated in Section 921 hereof without modification because of any restrictive legislation, regulation, or other action under the police power exercised by any governmental body. Section 804. Certification of Revenues. A written certificate or written opinion by the Finance Director under paragraph B of Section 803 hereof that such annual revenues, when adjusted as hereinabove provided in paragraphs C, D, and E of Section 803 hereof, are sufficient to pay such amounts, as provided in paragraph B of Section 803 hereof, shall be conclusively presumed to be accurate in determining the right of the Town to authorize, issue, sell and deliver additional securities on a parity with the Bonds. Section 805. Subordinate Securities Permitted. Nothing herein prevents the Town from issuing additional securities payable from the Net Revenues and having a lien thereon subordinate, inferior and junior to the lien thereon of the Bonds. 33 • Section 806. Superior Securities Prohibited. Nothing herein permits the Town to issue additional securities payable from the Net Revenues and having a lien thereon prior and superior to the lien thereon of the Bonds. Section 807. Use of Proceeds. The proceeds of any Parity Bonds or other securities payable from any Net Revenues shall be used only to finance Capital Improvements and/or to refund all or any portion of the Bonds, Parity Bonds, or other securities payable from Net Revenues, regardless of the priority or the lien of such securities on Net Revenues. Section 808. Issuance of Refunding Securities. The Town may issue any refunding securities payable from Net Revenues to refund any Outstanding Bonds, Parity Bonds or any Subordinate Securities heretofore or hereafter issued, with such details as the Board may by ordinance provide so long as there is no material impairment of any contractual obligation imposed upon the Town by any proceedings authorizing the issuance of any unrefunded portion of such Outstanding securities of any one or more issues; but so long as the Bonds, or any part thereof, are Outstanding, refunding securities payable from Net Revenues may be issued on a parity with the unrefunded Bonds only if. A. Prior Consent. The Town first receives the consent of the Owner or Owners of the unrefunded portion of the Bonds; or B. Requirements Not Increased. The Combined Maximum Annual Principal and Interest Requirements for the Bonds and Parity Bonds Outstanding immediately after the issuance of the refunding securities is not greater than the Combined Maximum Annual Principal and Interest Requirements for all Bonds and Parity Bonds Outstanding immediately prior to the issuance of the refunding securities and the lien of any refunding Parity Bonds on the Net Revenues is not raised to a higher priority than the lien thereon of any securities thereby refunded; or C. Earnings Test. The refunding securities are issued in compliance with paragraph B of Section 803 hereof. 34 • ARTICLE IX PROTECTIVE COVENANTS Section 901. General. The Town hereby covenants and agrees with the Owners of the Bonds and makes provisions which shall be a part of its contract with such Owners to the effect and with the purpose set forth in the following Sections of this Article. Section 902. Performance of Duties. The Town, acting by and through the Board or otherwise, shall faithfully and punctually perform, or cause to be performed, all duties with respect to the Gross Revenues and the System required by the Constitution and laws of the State and the various ordinances of the Town, including, without limitation, the making and collection of reasonable and sufficient fees, rates and other charges for services rendered or furnished by or from the use of the System, as herein provided, and the proper segregation of the proceeds of the Bonds and of any securities hereafter authorized and the Gross Revenues and their application from time to time to the respective accounts provided therefor. Section 903. Contractual Obligations. The Town shall reasonably perform all contractual obligations undertaken by it under any agreements relating to the Bonds, the Gross Revenues, the Project, or the System, or any combination thereof, with any other Persons. Section 904. Further Assurances. At any and all times the Town shall, so far as it may be authorized by law, pass, make, do, execute, acknowledge, deliver and file or record all and every such further instruments, acts, deeds, conveyances, assignments, transfers, other documents and assurances as may be reasonably necessary or desirable for the better assuring, conveying, granting, assigning and confirming all and singular the rights, the Gross Revenues, and other moneys and accounts hereby pledged or assigned, or intended so to be, or which the Town may hereafter become bound to pledge or to assign, or as may be reasonable and required to carry out the purposes of this Ordinance and to comply with any instrument of the Town amendatory thereof, or supplemental thereto. The Town, acting by and through the Board, or otherwise, shall at all times, to the extent permitted by law, reasonably defend, preserve and protect the pledge of the Gross Revenues and other moneys and accounts pledged hereunder and all the rights of every Owner of any Bond hereunder against all claims and demands of all Persons whomsoever. Section 905. Conditions Precedent. Upon the date of issuance of the Bonds, all conditions, acts and things required by the Federal or State Constitution, the Supplemental Public Securities Act and this Ordinance, or any other applicable law to exist, to have happened and to have been performed precedent to or in the issuance of the Bonds shall exist, have happened, and have been performed; and the Bonds, together with all other obligations of the Town, shall not contravene any debt or other limitation prescribed by the State Constitution. Section 906. Efficient Operation and Maintenance. The Town shall at all times operate the System properly and in a sound and economical manner; and the Town shall maintain, preserve and keep the same properly or cause the same to be so maintained, preserved and kept, with the appurtenances and every part and parcel thereof in good repair, working order and condition, and shall from time to time make or cause to be made all necessary and proper repairs, replacements and renewals so that at all times the operation of the System may be properly 35 . and advantageously conducted. All salaries, fees, wages and other compensation paid by the Town in connection with the maintenance, repair and operation of the System shall be reasonable and proper. Section 907. Rules, Regulations and Other Details. The Town, acting by and through the Board, shall establish and enforce reasonable rules and regulations governing the operation, use and services of the System. The Town shall observe and perform all of the terms and conditions contained in this Ordinance and shall comply with all valid acts, rules, regulations; orders and directions of any legislative, executive, administrative or judicial body applicable to the System or to the Town, except for any period during which the same are being contested in good faith by proper legal proceedings. Section 908. Payment of Governmental Charges. The Town shall pay or cause to be paid all taxes and assessments or other governmental charges, if any, lawfully levied or assessed upon or in respect of the System, or upon any part thereof, or upon any portion of the Gross Revenues, when the same shall become due, and shall duly observe and comply with all valid requirements of any governmental authority relative to the System or any part thereof, except for any period during which the same are being contested in good faith by proper legal proceedings. The Town shall not create or suffer to be created any lien upon the System, or any part thereof, or upon the Gross Revenues, except the pledge and lien created by this Ordinance for the payment of the Bond Requirements of the Bonds and except as herein otherwise permitted. The Town shall pay or cause to be discharged or shall make adequate provision to satisfy and to discharge, within 60 days after the same shall become payable, all lawful claims and demands for labor, materials, isupplies or other objects which, if unpaid, might by law become a lien upon the System, or any part thereof, or the Gross Revenues; but nothing herein requires the Town to pay or cause to be discharged or to make provision for any such tax, assessment, lien or charge, so long as the validity thereof is contested in good faith and by appropriate legal proceedings. Section 909. Protection of Security. The Town, the officers, agents and employees of the Town, and the Board shall not take any action in such manner or to such extent as might materially prejudice the security for the payment of the Bond Requirements of the Bonds, the Parity Bonds and any other securities payable from the Net Revenues or any Policy Costs relating thereto according to the terms thereof. No contract shall be entered into nor any other action taken by which the rights of any Owner of any Bond or other security payable from Net Revenues or any Policy Costs relating thereto might be prejudicially and materially impaired or diminished. Section 910. Prompt Payment of Bonds. The Town shall promptly pay the Bond Requirements of the Bonds at the places, on the dates and in the manner specified herein and in the Bonds according to the true intent and meaning hereof. Section 911. Use of Bond and Reserve Funds. The Bond Fund and the Reserve Fund shall be used solely and only, and the moneys credited to such accounts are hereby pledged for the purpose of paying the Bond Requirements of the Bonds to their respective maturities or any Redemption Date or Dates, subject to the provisions of Sections 607, 608, 609, 703 and 1301 hereof. 36 Section 912. Other Liens. Other than as provided herein, there are no liens or encumbrances of any nature whatsoever on or against the System, or any part thereof, or on or against the Gross Revenues on a parity with or superior to the lien thereon of the Bonds. Section 913. Corporate Existence. The Town shall maintain its corporate identity and existence so long as any of the Bonds remain Outstanding, unless another body corporate and politic by operation of law succeeds to the powers, privileges, rights, liabilities, disabilities, duties and immunities of the Town and is obligated by law to operate and maintain the System and to fix and collect the Gross Revenues as herein provided without adversely and materially affecting at any time the privileges and rights of any Owner of any Outstanding Bond. Section 914. Disposal of System Prohibited. Except for the use of the System and services pertaining thereto in the normal course of business, or as provided in Section 915 hereof, neither all nor a substantial part of the System shall be sold, leased, mortgaged, pledged, encumbered, alienated or otherwise disposed of, until all the Bonds have been paid in full, as to all Bond Requirements, or unless provision has been made therefor, or until the Bonds have otherwise been redeemed, including, without limitation, the termination of the pledge as herein authorized; and the Town shall not dispose of its title to the System or to any useful part thereof, including any property necessary to the operation and use of the System and the lands and interests in lands comprising the sites of the System, except as provided in Section 915 hereof. Section 915. Disposal of Unnecessary Property. The Town at any time and from time to time may sell, exchange, lease or otherwise dispose of any property constituting a . part of the System and not useful in the construction, reconstruction or operation thereof, or which shall cease to be necessary for the efficient operation of the System, or which shall have been replaced by other property of at least equal value. Any proceeds of any such sale, exchange, lease or other disposition received and not used to replace such property so sold or so exchanged or otherwise so disposed of, shall be deposited by the Town in the Water Fund or into a special book account for the betterment, enlargement, extension, other improvement and equipment of the System, or any combination thereof, as the Board may determine, provided that any proceeds of any such lease received shall be deposited by the Town as Gross Revenues in the Water Fund, Section 916. Competing System. So long as any of the Bonds are Outstanding, the Town shall not grant any franchise or license to any competing facilities so that the Gross Revenues shall not be sufficient to satisfy the covenant in Section 921 hereof. Section 917. Loss From Condemnation. If any part of the System is taken by the exercise of the power of eminent domain, the amount of any award received by the Town as a result of such taking shall be paid into the Water Fund or into a capital improvement account pertaining to the System for the purposes thereof, or, applied to the redemption of the Outstanding Bonds and any Outstanding Parity Bonds relating thereto, all as the Town may determine. Section 918. Employment of Management Engineers. neers. if the Town defaults in paying the Bond Requirements of the Bonds, the Parity Bonds, and any other securities or Policy Costs relating thereto payable from the Gross Revenues promptly as the same fall due, or an Event of Default has occurred and is continuing, or if the Net Revenues in any Fiscal Year fail to equal at least the amount of the Bond Requirements of the Outstanding Bonds, Parity Bonds, and any 37 other securities (including all reserves therefor specified in the authorizing proceedings, including, without limitation, this Ordinance) or Policy Costs relating thereto payable from the Net Revenues in that Fiscal Year, the Town shall retain a firm of competent management engineers skilled in the operation of such facilities to assist the management of the System so long as such default continues or so long as the Net Revenues are less than the amount hercinabove designated in this Section. Section 919. Budgets. The Board and officials of the Town shall annually and at such other times as may be provided by law prepare and adopt a budget pertaining to the System. Section 920. Reasonable and Adequate Charges. While the Bonds remain Outstanding and unpaid, the fees, rates and other charges due to the Town for the use of or otherwise pertaining to and services rendered by the System to the Town, to its inhabitants and to all other users within and without the boundaries of the Town shall be reasonable and just, taking - into account and consideration public interests and needs, the cost and value of the System, the Operation and Maintenance Expenses thereof, and the amounts necessary to meet the Bond Requirements of all Bonds, Parity Bonds, and any other securities payable from the Net Revenues, including, without limitation, reserves and any replacement accounts therefor. Section 921. Adequacy. applicability of Charges. There shall be charged against users of service pertaining to and users of the System, including the Town, except as provided by Section 922 hereof, such fees, rates and other charges so that the Gross Revenues shall be adequate to meet the requirements of this and the preceding Sections hereof. Such charges pertaining to the System shall be at least sufficient so that the Gross Revenues annually are sufficient to pay in each Fiscal Year: A. Operation and Maintenance Expenses. An amount equal to the annual. Operation and Maintenance Expenses for such Fiscal Year, . B. - Principal and Interest. An amount equal to 125% of both the principal and interest on the Bonds and any Parity Bonds then Outstanding payable from the Net Revenues in that Fiscal Year (excluding the reserves therefor), and C. Deficiencies. Any amounts required to pay all Policy Costs, if any, due and owing and all sums, if any, due and owing to meet then existing deficiencies pertaining to any fund or account relating to the Gross Revenues or any securities payable therefrom. Section 922. Limitations U on Free Service. No free service or facilities shall be furnished by the System, except as hereinafter provided. If the Town elects to use for municipal purposes any water, water facilities, or other services and facilities provided by the System or otherwise to use the System or any part thereof, any such use will be paid for from the Town's general fund or from other available revenues other than Gross Revenues at the reasonable value of the use so made; provided that the Town need not pay for any such use by the Town of any facilities of the water system for fire protection purposes. All the income so derived from the Town shall be deemed to be income derived from the operation of the System, to be used and to be accounted for in the same manner as any other income derived from the operation of the System. Nothing in this Ordinance prohibits the Town from waiving any tap fee or development fee 38 . imposed as a condition for a user to connect to the System, so long as the user is a governmental body. Section 923. Levy of Charges. The Town shall forthwith and in any event prior to the delivery of any of the Bonds, fix, establish and levy the fees, rates and other charges which are required by Section 921 of this Ordinance, if such action is necessary therefor. No reduction in any initial or existing rate schedule for the System may be made: A. Proper Application. Unless the Town has fully complied with the provisions of Article VI of this Ordinance for at least the full Fiscal Year immediately preceding such reduction of the initial or any other existing rate schedule; and B. Sufficient Revenues. Unless the audit required by the Independent Accountant by Section 927 hereof for the full Fiscal Year immediately preceding such reduction discloses that the estimated revenues resulting from the proposed rate schedule for the System, after the schedule's proposed reduction, shall be at least sufficient to produce the amounts required by Section 921 hereof. Section 924. Collection of Charges. The Town shall use commercially reasonable best efforts to cause all fees, rates and other charges pertaining to the System to be collected as soon as is reasonable, shall reasonably prescribe and enforce rules and regulations or impose contractual obligations for the payment of such charges, and for the use of the System, and shall provide methods of collection and penalties, to the end that the Gross Revenues shall be adequate to meet the requirements of this Ordinance and any other ordinance supplemental thereto. Section 925. ' Procedure for Collecting Charges. All bills for water services or facilities and all other services or facilities furnished or served by or through the System shall be rendered to customers on a regularly established basis. The fees, rates and other charges due shall be collected in a lawful manner, including, without limitation, discontinuance of service. Section 926. Maintenance of Records. So long as any of the Bonds and any Parity Bonds payable from the Gross Revenues remain Outstanding, proper books of record and account shall be kept by the Town, separate and apart from all other records and accounts. Section 927. Audits Required. The Town, within 180 days following the close of each Fiscal Year, shall order an audit for the Fiscal Year of such books and accounts to be made forthwith by an Independent Accountant, and order an audit report showing the receipts and disbursements for each account pertaining to the System and the Gross Revenues. Section 928. Accountin Principles. rinciples. System records and accounts, and audits thereof, shall be currently kept and made, as nearly as practicable, in accordance with the then generally accepted accounting principles, methods and terminology followed and construed for utility operations comparable to the System, except as may be otherwise provided herein or required by applicable law or regulation or by contractual obligation existing on the effective date of this Ordinance. • Section 929. Insurance and Reconstruction. Except to the extent of any self- insurance, the Town shall at all times maintain with responsible insurers fire and extended 79M coverage insurance, worker's compensation insurance, public liability insurance and all such other insurance as is customarily maintained with respect to utilities of like character against loss of or damage to the System and against loss of revenues and against public and other liability to the extent reasonably necessary to protect the interests of the Town and of each Owner of a Bond. If any useful part of the System shall be damaged or destroyed, the Town shall, as expeditiously as may be possible, commence and diligently proceed with the repair or replacement of the damaged property so as to restore the same to use. The proceeds of any such insurance shall be payable to the Town and (except for proceeds of any use and occupancy insurance) shall be applied to the necessary costs involved in such repair and replacement and to the extent not so applied shall (together with the proceeds of any such use and occupancy insurance) be deposited in the Water Fund by the Town as revenues derived from the operation of the System. If the costs of such repair and replacement of the damaged property exceed the proceeds of such insurance available for the payment of the same, moneys in the Water Fund may be used to the extent necessary for such purposes, as permitted by Section 611 hereof. Section 930. Federal Income Tax Exemption. The Town covenants for the benefit of the Owners of the Bonds at any time Outstanding that it will not take any action or omit to take any action with respect to the Bonds, the proceeds thereof, any other funds of the Town or any facilities financed or refinanced with the proceeds of the Bonds if such action or omission (a) would cause the interest on the Bonds to lose its exclusion from gross income for federal income tax purposes under Section 103 of the Code, (b) would cause interest on the Bonds to lose its exclusion from alternative minimum taxable income as defined in Section 55(b)(2) of the Code, or (c) would cause interest on the Bonds to lose its exclusion from Colorado taxable income and Colorado alternative minimum taxable income under present State law. In furtherance of this covenant, the Town agrees to comply with the procedures set forth in the Tax Compliance Certificate. The foregoing covenant shall remain in full force and effect notwithstanding the payment in full or defeasance of the Bonds until the date on which all obligations of the Town in fulfilling the above covenant under the Code and Colorado law have been met. Section 931. Continuing Disclosure. The Town shall comply with the provisions of the Continuing Disclosure Certificate. Any failure by the Town to perform in accordance with this Section shall not constitute an Event of Default under this Ordinance, and the rights and remedies provided by this Ordinance upon the occurrence of an Event of Default shall not apply to any such failure. The Paying Agent shall not have any power or duty to enforce this Section. No Owner of a Bond shall be entitled to damages for the Town's non-compliance with its obligations under this Section; however, the Owners of the Bonds may enforce specific performance of the obligations contained in this Section by any judicial proceeding available. El ARTICLE X PRIVILEGES, RIGHTS AND REMEDIES Section 1001. Owners' Remedies. Each Owner of any Bond shall be entitled to all of the privileges, rights and remedies provided or permitted by this Ordinance, and as otherwise provided or permitted by law or in equity or by any statutes, except as provided in Sections 202 through 206 and 1201 hereof, but subject to the provisions herein concerning the pledge of and the covenants and the other contractual provisions concerning the Gross Revenues and the proceeds of the Bonds. Section 1002. Right to Enforce Pam. Nothing in this Article affects or impairs the right of any Owner of any Bond to enforce the payment of the Bond Requirements due in connection with such Person's Bond or the obligation of the Town to pay the Bond Requirements of each Bond to the Owner thereof at the time and the place expressed in the Bond. Section 1003. Events of Default. Each of the following events is hereby declared an "Event of Default," provided however, that in determining whether a payment default has occurred pursuant to paragraphs A or B of this Section, no effect shall be given to payments made under the Insurance Policy: A. Nonpayment of Principal. Payment of the principal of any of the Bonds is not made when the same becomes due and payable, either at maturity or by proceedings for prior redemption, or otherwise; B. Nonpayment of Interest. Payment of any installment of interest on any of the Bonds is not made when the same becomes due and payable; C. Cross Defaults. The occurrence and continuance of an "event of default," as defined in any Parity Bond Ordinance; D. Failure to Reconstruct. The Town unreasonably delays or fails to carry out with reasonable dispatch the reconstruction of any part of the System which is destroyed or damaged and is not promptly repaired or replaced (whether such failure promptly to repair the same is due to impracticability of such repair or replacement or is due to a lack of moneys therefor or for any other reason), but it shall not be an Event of Default if such reconstruction is not essential to the efficient operation of the System; E. Appointment of Receiver. An order or decree is entered by a court of competent jurisdiction with the consent or acquiescence of the Town appointing a receiver or receivers for the System or for the Gross Revenues and any other moneys subject to the lien to secure the payment of the Bonds, or if an order or decree having been entered without the consent or acquiescence of the Town is not vacated or discharged or stayed on appeal within 60 days after entry; F. Default Under Insurance Agreement. If an event of default shall have • occurred and be continuing under the provisions of the Insurance Agreement; and 41 G. Default of Any Provision. The Town defaults in the due and punctual performance of any other of the representations, covenants, conditions, agreements and other provisions contained in the Bonds or in this Ordinance on its part to be performed (other than Section 931 hereof), and such default continues for 60 days after written notice specifying such default and requiring the same to be remedied is given to the Town and the Insurer specifying the failure and requiring that it be remedied, which notice may be given by the Paying Agent in its discretion, except as provided in Section 1201 hereof, and shall be given by the Paying Agent at the written request of the Owners of not less than 25% in aggregate principal amount of Bonds then Outstanding. Section 1004. Remedies for Defaults. Except as provided in Section 1201 hereof, upon the happening and continuance of any Event of Default, the Owner or Owners of not less than 25% in aggregate principal amount of the Bonds then Outstanding, including, without limitation, a trustee or trustees therefor, may proceed against the Town and its agents, officers and employees to protect and to enforce the rights of any Owner of Bonds under this Ordinance by mandamus or by other suit, action or special proceedings in equity or at law, in any court of competent jurisdiction, either for the appointment of a receiver or for the specific performance of any covenant or agreement contained herein or in an award of execution of any power herein granted for the enforcement of any proper legal or equitable remedy as such Owner or Owners may deem most effectual to protect and to enforce the rights aforesaid, or thereby to enjoin any act or thing which may be unlawful or in violation of any right of any Owner of any Bond, or to require the Town to act as if it were the trustee of an expressed trust, or any combination of such remedies. . All such proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all Owners of the Bonds. The Town shall not be liable for incidental, punitive, exemplary or consequential damages, or for lost profits, whether direct or indirect. Acceleration shall not be a remedy upon the happening or continuance of any Event of Default. Notwithstanding the foregoing provisions of this Section, nothing in this Ordinance shall act as or be deemed to be a waiver by the Town of the Colorado Governmental Immunity Act, Title 24, Article 10, C.R.S., as now or hereafter amended. Section 1005. Receiver's Rights and Privileges. Any receiver appointed in any proceedings to protect the rights of such Owners hereunder, the consent to any such appointment being hereby expressly granted by the Town, may enter and may take possession of the System, may operate and maintain the same, may prescribe fees, rates and other charges, and may collect, receive and apply all Gross Revenues arising after the appointment of such receiver in the same manner as the Town itself might do. Section 1006. Rights and Privileges Cumulative. The failure of any Owner of any Outstanding Bond to proceed in any manner herein provided shall not relieve the Town, or any of its officers, agents or employees of any liability for failure to perform or carry out any duty, obligation or other commitment. Each right or privilege of any such Owner (or trustee thereof) is in addition and is cumulative to any other right or privilege, and the exercise of any right or privilege by or on behalf of any Owner shall not be deemed a waiver of any other right or privilege thereof. • Section 1007. Duties upon Defaults. Upon the happening of any Event of Default, the Town shall do and perform all proper acts on behalf of and for the Owners of Bonds 42 to protect and to preserve the security created for the payment of the Bonds and to insure the payment of the Bond Requirements promptly as the same become due. While any Event of Default exists, except to the extent it may unlawful to do so, all Gross Revenues shall be paid into the Bond Fund and into bond or similar funds established for any Parity Bonds then Outstanding, pro rata based upon the aggregate principal amount of the Bonds and Parity Bonds then Outstanding. Except as provided in Section 1201 hereof, if the Town fails or refuses to proceed as in this Section provided, the Owner or Owners of not less than. 25% in aggregate principal amount of the Bonds then Outstanding, after demand in writing, may proceed to protect and to enforce the rights of the Owners of the Bonds as hereinabove provided, and to that end any such Owners of the Outstanding Bonds shall be subrogated to all rights of the Town under any agreement, lease or other contract involving the System or the Gross Revenues entered into prior to the effective date of this Ordinance or thereafter while any of the Bonds are Outstanding. ARTICLE XI AMENDMENT OF ORDINANCE Section 1101. Privileize of Amendments. A. Except as hereafter provided, . this Ordinance may be amended or supplemented by ordinances adopted by the Board in accordance with law, without receipt by the Town of any additional consideration, but with the consent of the Insurer and, subject to Section 1201 hereof, the Owners of not less than a majority of aggregate principal amount of the Bonds Outstanding (or such higher percentage if required by a Parity Bond Ordinance) at the time of the adoption of such amendatory or supplemental ordinance excluding, pursuant to Section 405 hereof, any Bonds which may then be held or owned for the account of the Town. Notwithstanding the foregoing, no such ordinance shall permit: (1) Changing Payment. A change in the maturity, terms of redemption or interest payment of any Outstanding Bond; or (2) Reducing Return. A reduction in the principal amount of any Bond or the rate of interest thereon, without the consent of the Owner of the Bond; or (3) Prior Lien. The creation of a lien upon or a pledge of revenues ranking prior, superior and senior to the lien or to the pledge created by this Ordinance; .or (4) Modifying Any Bond. A reduction of the principal amount or percentages or otherwise affecting the description of Bonds the consent of the Owners of which is required for any such modification or amendment; or (5) Priorities Between Bonds The establishment of priorities as between Bonds issued and Outstanding; or • (6) Modification of Less Than All the Bonds. The modification of or otherwise affecting the rights of the Owners of less than all of the Outstanding Bonds. 43 B. Notwithstanding the foregoing provisions of this Section, this Ordinance and the rights and obligations of the Town and of the Owners of the Bonds may also be modified or amended at any time, with the written consent of the Insurer but without the consent of any Owners of the Bonds, but only to the extent permitted by law and only for any or all of the following purposes: (1) to add to the covenants and agreements of the Town contained in this Ordinance other covenants and agreements thereafter to be observed; (2) to subject to the covenants and agreements of the Town in this Ordinance additional System revenues, to be defined and treated as Gross Revenues, for the purpose of providing additional security for the Bonds and any Parity Bonds; (3) in connection with the provision of a Reserve Fund Insurance Policy subsequent to the issuance of the Bonds; (4) to provide for the appointment of a new Paying Agent; (5) to make such provisions for the purpose of curing any ambiguity or of curing or correcting any formal defect or omission in this Ordinance, or in regard to questions arising under this Ordinance, as the Town may deem necessary or desirable, and which shall not adversely affect the interests of the Owners of the Bonds; or (6) in order to preserve or protect the excludability from gross income for federal income tax purposes of the interest allocable to the Bonds. Section 1102. Notice of Amendment. Whenever the Board proposes to amend or modify this Ordinance under the provisions of this Article, it shall cause notice of the proposed amendment to be mailed to Owners of all Outstanding Bonds at their addresses as the same last appear on the registration records maintained by the Paying Agent and to the Insurer or by electronic means to DTC or its successors. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory ordinance is on file with the office of the Town Clerk for public inspection. Notice of the proposed amendment, together with a copy of the proposed amendatory ordinance, shall be delivered to the Rating Agencies then maintaining a rating on the Bonds at least 15 days in advance of the adoption of the amendment. A full transcript of all proceedings relating to the execution of such amendatory ordinance shall be provided to the Insurer. Section 1103. Time for Amendment. If the ordinance is required to be consented to by the Owners of the Bonds, whenever at any time within one year from the date of the giving of such notice there shall be filed with the office of the Town Clerk an instrument or instruments executed by the Owners of at least a majority of aggregate principal amount of the Bonds then Outstanding (or such higher percentage if required by a Parity Bond Ordinance), which instrument or instruments shall refer to the proposed amendatory ordinance described in such notice and shall specifically consent to and approve the adoption of such ordinance, the Board may adopt such amendatory ordinance and such ordinance shall become effective. If the ordinance is not required to be consented to by the Owners of the Bonds, the amendatory ordinance may be adopted by the Board at any time. 44 Section 1104. Binding Consent to Amendment. If the Owners of not less than a majority of aggregate principal amount of the Bonds then Outstanding at the time of the adoption of such amendatory ordinance requiring consent of the Owners of the Bonds(or such higher percentage if required by a Parity Bond Ordinance), or the predecessors in title of such Owners, shall have consented to and approved the adoption thereof as herein provided, no Owner of any Bond, whether or not such Owner shall have consented to or shall have revoked any consent as in this Article provided, shall have any right or interest to object to the adoption of such amendatory ordinance or to object to any of the terms or provisions therein contained or to the operation thereof or to enjoin or restrain the Town from taking any action pursuant to the provisions thereof. Section 1105. Time Consent Binding. Any consent given by the Owner of a Bond pursuant to the provisions of this Article shall be irrevocable for a period of six months from the date of the giving of the notice above provided for and shall be conclusive and binding upon all future Owners of the same Bond during such period. Such consent may be revoked at any time after six months from the date of such giving of such notice by the Owner who gave such consent or by a successor in title by filing notice of such revocation with the Town Clerk, but such revocation shall not be effective if the Owners of not less than a majority of aggregate principal amount of the Bonds then Outstanding (or such higher percentage if required by a Parity Bond Ordinance) as in this Article provided, prior to the attempted revocation, consented to and approved the amendatory ordinance referred to in such revocation. Section 1106. Unanimous Consent. Notwithstanding anything in the foregoing provisions of this Article, the terms and provisions of this Ordinance or of any ordinance amendatory thereof or supplemental thereto and the rights and the obligations of the Town and of the Owners of the Bonds thereunder may be modified or amended in any respect upon the adoption by the Town and upon the filing with the Town Clerk of an ordinance to that effect and with the consent of the Insurer and the Owners of all the then Outstanding Bonds, such consent to be given as provided in Section 1103 hereof; and no notice to Owners of Bonds shall be required as provided in Section 1102 hereof, nor shall the time of consent be limited except as may be provided in such consent. Section 1107. Exclusion of Town's Bonds. At the time of any consent or of other action taken under this Article, the Town shall furnish to the Town Clerk a certificate of the Finance Director, upon which the Town may rely, describing all Bonds to be excluded for the purpose of consent or of other action or of any calculation of Outstanding Bonds provided for in this Article, and the Town shall not be entitled with respect to such Bonds to give any consent or to take any other action provided for in this Article, as provided in Section 405 hereof. Section 1108. Notation on Bonds. Bonds authenticated and delivered after the effective date of any action taken as in this Article provided may bear a notation by endorsement or otherwise in form approved by the Board as to such action; and after the approval of such notation, then upon demand of the Owner of any Bond Outstanding and upon presentation of such Person's Bond for that purpose at the principal office of the Paying Agent, suitable notation shall be made on such Bond by the Paying Agent as to any such action. If the Board so determines, new Bonds, so modified as in the opinion of the Board conform to such action, shall be prepared, executed, authenticated and delivered; and upon demand of the Owner of any Bond then M Outstanding, shall be exchanged without cost to such Owner for Bonds then Outstanding upon surrender of such Bonds. Section 1109. Proof of Instruments and Bonds. The fact and date of execution of any instrument under the provisions of this Article, the amount and number of the Bonds held by any Person executing such instrument, and the date of such Person's holding the same may be proved as provided by Section 1303 hereof. Section 1110. Copies of Supplemental Ordinances to Rating Agencies. Copies of any supplemental or amendatory ordinance shall be sent by the Town to the Rating Agencies at least 10 days prior to the effective date thereof. ARTICLE XII INSURANCE POLICY AND RESERVE POLICY PROVISIONS Section 1201. Insurer to be Deemed Owner, Rights of the Insurer, Payments by the Insurer. Notices, A. Notwithstanding any provision of this Ordinance to the contrary, so long as the Insurer is not in default in its payment obligations under the Insurance Policy, the Insurer shall at all times be deemed the sole and exclusive Owner of the Outstanding Bonds for the purposes of all approvals, consents, waivers, institution of any action, and the direction of all remedies pursuant to this Ordinance, including but not limited to approval of or consent to any amendment of or supplement to this Ordinance which requires the consent or approval of the Owners of not less than a majority of aggregate principal amount of the Bonds then Outstanding (or such higher percentage if required by a Parity Bond Ordinance) pursuant to this Ordinance; provided, however, that the Insurer shall not be deemed to be the sole and exclusive Owner of the Outstanding Bonds with respect to any amendment or supplement to this Ordinance which seeks to amend or supplement this Ordinance for the purposes set forth in clauses A (1) through A (6) of Section 1101 hereof, and provided, further, that the Insurer shall not have the right to direct or consent to the Town, Paying Agent, or Owner action as provided herein, if: (1) the Insurer shall be in default under the Insurance Policy; (2) any material provision of the Insurance Policy shall be held to be invalid by a final, non -appealable order of a court of competent jurisdiction, or the validity or enforceability thereof shall be contested by the Insurer; or (3) a proceeding shall have been instituted in a court having jurisdiction in the premises seeking an order for relief, rehabilitation, reorganization, conservation, liquidation or dissolution in respect of the Insurer and such proceeding is not terminated for a period of 90 consecutive days or such court enters an order granting the relief sought in such proceeding. B. To the extent that the Insurer makes payment of any principal of or interest • on a Bond, it shall be fully subrogated to all of the Owners' rights thereunder in accordance with EEO the terms of the Insurance Policy to the extent of such payment, including the Owners' rights to payment thereof. C. In the event that the principal of or interest on a Bond shall be paid by the Insurer pursuant to the terms of the Insurance Policy: (1) such Bond shall continue to be "Outstanding" under this Ordinance, and (2) the Insurer shall be fully subrogated to all of the rights of the Owner thereof in accordance with the terms and conditions of paragraph B of this Section and the Insurance Policy. D. This Ordinance shall not be discharged unless and until all amounts due to the Insurer have beer' paid in full or duly provided for. E. The rights granted under this Ordinance to the Insurer to request, consent to, or direct any action are rights granted to the Insurer in consideration of its issuance of the Insurance Policy. Any exercise by the Insurer of such rights is merely an exercise of the Insurer's contractual rights and shall not be construed or deemed to be taken for the benefit of or on behalf of the Owners, nor does such action evidence any position of the Insurer, positive or negative, as to whether Owner consent is required in addition to consent of the Insurer. F. No modification, amendment or supplement to this Ordinance shall become effective except upon obtaining the prior written consent of the Insurer. G. No contract shall be entered into nor any action taken by the Town or the Paying Agent pursuant to which the rights of the Insurer or security for or sources of payment of _ the Bonds under this Ordinance may be materially impaired or prejudiced except upon obtaining the prior written consent of the Insurer. H. The provisions of this Article shall be of no force and effect if the Bonds are not insured by an Insurer. 47 0 ARTICLE X1II MISCELLANEOUS Section 1301. Defeasance. If, when the Bonds shall be paid in accordance with their terms (or payment of the Bonds has been provided for in the manner set forth in the following paragraph), together with all other sums payable hereunder, then this Ordinance and all rights granted hereunder shall thereupon cease, terminate and become void and be discharged and satisfied. Payment of any Outstanding Bond shall prior to the maturity or Redemption Date thereof be deemed to have been provided for within the meaning and with the effect expressed in this Section if (a) in case said Bond is to be redeemed on any date prior to its maturity, the Town shall have given to the Paying Agent in farm satisfactory to it irrevocable instructions to give on a date in accordance with the provisions of Section 404 hereof, notice of redemption of such Bond on said Redemption Date, such notice to be given in accordance with the provisions of Section 404 hereof, (b) there shall have been deposited with the Paying Agent or other Trust Bank either moneys in an amount which shall be sufficient, and/or Federal Securities which shall not contain provisions permitting the redemption thereof at the option of the issuer, the principal of and the interest on which when due, and without any reinvestment thereof, will provide moneys which, together with the moneys, if any, deposited with or held by the Paying Agent or other Trust Bank at the same time, shall be sufficient to pay when due the Bond Requirements due and to become due on said Bond on and prior to the Redemption Date or maturity date thereof, as the case may be, and (c) in the event said Bond is not by its terms subject to redemption within the next 60 days, the Town shall have given the Paying Agent in form satisfactory to it irrevocable instructions to give, as soon as practicable in the same manner as the notice of redemption is given pursuant to Section 404 hereof, a notice to the Owner of such Bond that the deposit required by (b) above has been made with the Paying Agent or other Trust Bank and that payment of said Bond has been provided for in accordance with this Section and stating such maturity or Redemption Date upon which moneys are to be available for the payment of the Bond Requirements of said Bond. Neither such securities nor moneys deposited with the Paying Agent or other Trust Bank pursuant to this Section or principal or interest payments on any such Federal Securities shall be withdrawn or used for any purpose other than, and shall be held in trust for, the payment of the Bond Requirements of said Bond; provided any cash received from such principal or interest payments on such Federal Securities deposited with the Paying Agent or other Trust Bank, if not then needed for such purpose, shall, to the extent practicable, be reinvested in securities of the type described in (b) of this paragraph maturing at times and in amounts sufficient to pay when due the Bond Requirements to become due on said Bond on or prior to such Redemption Date or maturity date thereof, as the case may be. At such time as payment of a Bond has been provided for as aforesaid, such Bond shall no longer be secured by or entitled to the benefits of this Ordinance, except for the purpose of any payment from such moneys or securities deposited with the Paying Agent or other Trust Bank. In the event that any Bond is deemed to have been paid and defeased in accordance with (b) of the preceding paragraph, then in connection therewith, the Town shall cause to be delivered a verification report of an independent nationally recognized certified public accountant. If a forward supply contract is employed in connection with the refunding, (1) such 48 • verification report shall expressly state that the adequacy of the escrow to accomplish the refunding relies solely on the initial escrowed investments and the maturing principal thereof and interest income thereon and does not assume performance under or compliance with the forward supply contract, and (2) the applicable escrow agreement shall provide that in the event of any discrepancy or difference between the terms of the forward supply contract and the escrow agreement (or the authorizing ordinance, if no separate escrow agreement is utilized), the terms of the escrow agreement or authorizing ordinance, if applicable, shall be controlling. The release of the obligations of the Town under this Section shall be without prejudice to the right of the Paying Agent to be paid reasonable compensation for all services rendered by it hereunder and all its reasonable expenses, charges and other disbursements incurred on or about the administration of and performance of its powers and duties hereunder. Upon compliance with the foregoing provisions of this Section with respect to all Bonds then Outstanding, this Ordinance may be discharged in accordance with the provisions of this Section but the liability of the Town in respect of the Bonds shall continue; provided that the Owners thereof shall thereafter be entitled to payment only out of the moneys or Federal Securities deposited with the Paying Agent or other Trust Bank as provided in this Section. Section 1302. Delegated Powers. The officers and employees of the Town be, and they hereby are, authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance, including, without limitation: A. Final Certificates. the execution of such certificates and closing documents as may be reasonably required by the Purchaser or Bond Counsel, including the Continuing Disclosure Certificate and Insurance Agreement, if any; B. Pgyi g_Agent Agreement. the execution and delivery of an agreement with the Paying Agent necessary or desirable to evidence the acceptance by the Paying Agent of its duties hereunder; C. Official Statement. the execution and delivery of the final Official Statement; D. Purchase Contract. the execution and delivery of the Purchase Contract between the Town and the Purchaser; and E. Electronic Signatures. the use of electronic signatures to execute any of the documents described in this Section 1302 as authorized by Article 71.3 of Title 24, C.R.S., also known as the Uniform Electronic Transactions Act. Section 1303. Evidence of Bond Owners. Any request, consent or other instrument which this Ordinance may require or may permit to be signed and to be executed by the Owners of any Bonds may be in one or more instruments of similar tenor and shall be signed or shall be executed by each such Owner in person or by such Person's attorney appointed in writing. Proof of the execution of any such instrument or of an instrument appointing any such attorney, or the holding by any Person of the Bonds shall be sufficient for any purpose of this Ordinance (except as otherwise herein expressly provided) if made in the following manner: • A. Proof of Execution. The fact and the date of the execution by any Owner of any Bonds or such Person's attorney of such instrument may be established by a certificate, which need not be acknowledged or verified, of an officer of a bank or trust company satisfactory to the Town Manager or Finance Director or Town Clerk or of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he or she purports to act, that the individual signing such request or other instrument acknowledged to him or her the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer; the authority of the individual or individuals executing any such instrument on behalf of a corporate Owner of any securities may be established without further proof if such instrument is signed by an individual purporting to be the president or vice president of such corporation with a corporate seal affixed and attested by an individual purporting to be its secretary or an assistant secretary; and the authority of any Person or Persons executing any such instrument in any fiduciary or representative capacity may be established without further proof if such instrument is signed by a Person or Persons purporting to act in such fiduciary or representative capacity; and B. Proof of Holdings. The amount of Bonds held by any Person and the numbers, date and other identification thereof, together with the date of such Person's holding the Bonds, shall be proved by the registration records maintained by the Paying Agent. Section 1304. Parties Interested Herein. Nothing in this Ordinance expressed or implied is intended or shall be construed to confer upon, or to give to, any Person, other than the Town, the Paying Agent, the Insurer, and the Owners of the Bonds, any right, remedy or claim under or by reason of this Ordinance or any covenant, condition or stipulation hereof; and all the covenants, stipulations, promises and agreements in this Ordinance contained by and on behalf of the Town shall be for the sole and exclusive benefit of the Town, the Paying Agent, the Insurer, the Surety Provider, and the Owners of the Bonds. Section 1305. Notices. Except as otherwise may be provided in this Ordinance, all notices, certificates, requests or other communications pursuant to this Ordinance shall be in writing and shall be sufficiently given and shall be deemed given by personal delivery or when mailed by first class mail, and either delivered or addressed as follows: If to the Town at: Town of Firestone, Colorado 151 Grant Ave. P.O. Box 100 Firestone, Colorado 80520 Attention: Finance Director 50 If to the Paying Agent at: UMB Bank, n.a. 1670 Broadway Denver, Colorado 80202 Attention: Corporate Trust and Escrow Services Department Any of the foregoing Persons may, by notice given hereunder to each of the other Persons, designate any further or different addresses to which subsequent notices, certificates, requests or other communications shall be sent. Section 1306. Business Days. If the date for making any payment or the last date for performance of any act or the exercising of any rights, as provided in this Ordinance, shall not be a Business Day, such payment may be made or act performed or right exercised on the next succeeding Business Day, with the same force and effect as if done on the nominal date provided in this Ordinance, and no interest shall accrue for the period after such nominal date. [Remainder of this page intentionally left blank.] A INTRODUCED, PASSED AND ADOPTED.. AS AN EMERGENCY i ORDINANCE AT A REGULAR MEETING OF THE BOARD, OF TRUSTEES OF THE TOWN OF FIRESTONE THIS 27TH DAY OF MAY, 2020. TOWN OF FIRESTONE, COLORADO iONE :4 Mayor. (S E A L) c�O ,�... r G ATTEST: • • EXHIBIT A. (FORM OF BOND) Unless this Bond is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the Town or its agent for registration of transfer, exchange, or payment, and any Bond issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. STATE OF COLORADO No. R- INTEREST RATE 0�4 REGISTERED OWNER PRINCIPAL AMOUNT: UNITED STATES OF AMERICA TOWN OF FIRESTONE, COLORADO WATER ENTERPRISE REVENUE BOND SERIES 2020 MATURITY DATE December 1, 20 CEDE & CO. COUNTY OF WELD DATED AS OF CUSIP [date of delivery] DOLLARS The Town of Firestone (the "Town"), in the County of Weld and State of Colorado (the "State"), for value received, hereby promises to pay to the registered owner specified above, or registered assigns, upon the presentation and surrender of this Bond, solely from the special funds provided therefor, as hereinafter set forth, the principal amount set forth above on the maturity date specified above (unless this Bond shall have been called for prior redemption, in which case on the Redemption Date) and to pay solely from such special funds interest hereon at the interest rate per annum specified above, payable semiannually on June 1 and December 1 in each year, commencing on December 1, 2020, until the principal amount is paid or payment has been provided for, as described in an ordinance adopted by the Board of Trustees of the Town on May 27, 2020 (the "Ordinance"), as supplemented by the Sale Certificate. This is one of an authorized series of bonds issued under the Ordinance (the "Bonds"). The Bonds are all issued under and equally and ratably secured by and entitled to the security of the Ordinance. To the extent not defined herein, terms used in this Bond shall have the same meanings as set forth in the Ordinance. This Bond bears interest, matures, is payable, is subject to redemption and is transferable as provided in the Ordinance, as supplemented by the Sale Certificate. /s16l • Reference is made to the Ordinance and to all ordinances supplemental thereto, with respect to the nature and extent of the security for the Bonds, the accounts, funds or revenues pledged, rights, duties and obligations of the Town, the Paying Agent, the Insurer, the Surety Provider, the rights of the Owners of the Bonds, the Events of Default and remedies, the circumstances under which any Bond is no longer Outstanding, the issuance of additional bonds and the terms on which such additional bonds may be issued secured by the Net Revenues, the ability to amend the Ordinance, and to all the provisions of which the Owner hereof by the acceptance of this Bond assents. THE BONDS ARE ISSUED PURSUANT TO AND IN FULL COMPLIANCE WITH THE CONSTITUTION AND LAWS OF THE STATE OF COLORADO, AND PURSUANT TO THE ORDINANCE. THE BONDS ARE SPECIAL, LIMITED OBLIGATIONS OF THE TOWN, SECURED BY THE NET. REVENUES. THE BONDS DO NOT CONSTITUTE A DEBT OF THE TOWN, THE STATE OR ANY POLITICAL SUBDIVISION THEREOF, AND NEITHER THE TOWN, THE STATE NOR ANY OF THE POLITICAL SUBDIVISIONS THEREOF IS LIABLE THEREFOR. NEITHER THE MEMBERS OF THE BOARD OF TRUSTEES OF THE TOWN NOR ANY PERSONS EXECUTING THIS BOND SHALL BE PERSONALLY LIABLE FOR THIS BOND. It is certified, recited and warranted that all the requirements of law have been fully complied with by the proper officers of the Town in the issuance of this Bond; that it is issued pursuant to and in strict conformity with the Constitution of the State of Colorado, the laws of the State of Colorado, and with the Ordinance and any ordinances supplemental thereto; and that this Bond does not contravene any Constitutional or statutory limitation. It is also certified, recited, and warranted that the Bonds of the series of which this Bond is one are issued underthe authority of Title 31, Article 35; Title 37, Article 45.1; and Title 11, Article 57, Part 2, C.R.S., and in full conformity therewith. It is the intention of the Town, as expressed in the Ordinance, that pursuant to Section 11-57-210, C.R.S., such recital shall be conclusive evidence of the validity and the regularity of the issuance of the Bonds after their delivery for value; and pursuant to Section 31-35-413, C.R.S., such recital shall conclusively impart full compliance with all the provisions of such statute and Bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Ordinance until the certificate of authentication hereon shall have been duly executed by the Paying Agent. A-2 • IN WITNESS WHEREOF, the. Town has caused this Bond to be signed and executed in its name and.upon its behalf with the manual or facsimile signature of its Mayor, has caused the manual or facsimile of the seal of the Town to be affixed hereon and has caused this Bond to be signed, executed and attested with the manual or facsimile signature of its Town Clerk, all as of the date specified above. Mayor 'P T<4� 0 UN", U,'G�v Attest: A-3 • • STATEMENT OF INSURANCE. [TO BE PROVIDED IF BOND INSURANCE IS OBTAINED] A-4 • (Form of Certificate of Authentication) CERTIFICATE OF AUTHENTICATION This is one of the Bonds described in the within -mentioned Ordinance. UMB BANK, N.A., as Paying Agent Date of Authentication By: and Registration: Authorized Signatory {End of Form of Certificate of Authentication} A-5 (Form of Assignment) ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints to transfer the within Bond on the records kept for the registration thereof with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name as it appears on the face of the within Bond in every - particular, without alteration or enlargement or any change whatever. The signature must be guaranteed by an eligible guarantor institution as defined in 17 CFR § 240.17 Ad-] 5(a)(2). Signature Guaranteed: Signature n-ust be guaranteed by a member of a Medallion Signature Program. Address of Transferee: Social Security or other tax identification number of transferee: • • • • (Form of Prepayment Panel) PREPAYMENT PANEL The following installments of principal (or portions thereof) of this Bond have been prepaid in accordance with the terms of the Ordinance. Signature of Date of Principal Authorized Representative (End of Form of Prepayment Panel) (End of Form of Bond) A-7 • STATE OF COLORADO ) COUNTY OF WELD ) SS. TOWN OF FIRESTONE ) I, Jessica Koenig, the Town Clerk of the Town of Firestone, Colorado, do hereby certify: 1. The foregoing pages are a true, correct and complete copy of the Ordinance adopted by the Board of Trustees constituting the governing board of the Town of Firestone (the "Board of Trustees"), by vote had and taken at an open, regular meeting of the Board of Trustees held at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado, on May 27, 2020, convening at the hour of 7:00 p.m. as recorded in the regular book of official records of the proceedings of said Town of Firestone kept in my office. 2. The Ordinance was adopted as an emergency ordinance at an open, regular meeting of the Board of Trustees on May 27, 2020, by an affirmative vote of three -fourths of the members of the Board of Trustees, as follows: Name "Yes" "No" Absent Abstain Bobbi Sindelar, Mayor Frank A. Jimenez, Mayor Pro Tem Don Conyac Sean Doherty Samantha Meiring Douglas Sharp David Whelan 3. The members of the Board of Trustees were present at the meeting and voted on the passage of such Ordinance as set forth above. 4. There are no bylaws, rules or regulations of the Board of Trustees which might prohibit the adoption of said Ordinance. 5. Notice of the meeting of May 27, 2020, in the form attached hereto as Exhibit A was posted at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado, not less than 24 hours prior to the meeting in accordance with law. 6. The Ordinance was published by title in the Longmont Times -Call, a newspaper of general circulation in the Town, on May, 2020, together with a statement that the complete text of the Ordinance is available at Town Hall and on the Town's official website, and the affidavit of publication is attached hereto as Exhibit B. 1 • • • IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town this day of May, 2020. OWN SEA, to (SEAL) O Q (i�Y, • Cps 2 . EXHIBIT A • • (Attach Notice of Meeting) A-1 • • EXHIBIT B (Affidavit of Publication) 53080536.v l P.m • ORDINANCE NO.973 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING CHAPTER 13.05, CROSS CONNECTIONS, OF THE FIRESTONE MUNICIPAL CODE WHEREAS, a cross connection is any point in a water distribution system where during a "backflow" (meaning an undesirable reversal of the direction of the flow of the water or mixtures of water, other liquids, gases, or substances), contaminants may come into contact with the Town of Firestones' ("Town") potable water; and WHEREAS, to prevent the danger to the public health, safety and welfare resulting from backflows and to ensure compliance with federal and state laws, rules and regulations, the Town in 2016, adopted Cross Connections, Chapter 13.05 of the Firestone Municipal Code ("Code"); and WHEREAS, a principal requirement of the ordinance is that any connection to the Town's water system must have a backflow prevention assembly designed to prevent backflow into the Town's water supply by isolating the recipient's water system from the Town's water system; and WHEREAS, there has been an increasing number of contractors who, absent the Town's • permission and without a backflow prevention assembly, are connecting to and taking water from the Town's hydrants; and WHEREAS, to maintain the integrity of its water system and the health, safety and welfare of the public it is necessary that the Town strictly enforce Chapter 13.05 Cross Connections of the Firestone Municipal Code; and WHEREAS, it is also necessary to amend Chapter 13.05 of the Code to authorize the Board of Trustees to establish applicable fees by resolution. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 13.05.010 (A)(5) Authority is amended to read as follows: The Public Works Department may collect fees for the administration of the requirements of this Chapter. Fees shall be established by resolution of the Board of Trustees. Section 2. Section 13.05.040 (A) (1), Violations and penalties, of Firestone's Municipal Code is enacted to provide: Any person who violates Section 13.05.030 (B), new connections, of this ordinance shall • be subject to a mandatory minimum fine of $2,500 per occurrence. Section 3. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each pail or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional -or invalid. Section 4. Violations of this ordinance shall be punishable as set forth in this ordinance and in accordance with Section 1.16.010 of the Municipal Code of the Town of Firestone, Colorado. Section S. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL thi� day of , 2020. T WN OF FIRESTO E, COLORADO �oYVN -ti 't o AAbi Sig ar, Mayor Q ATTEST: f r 04rAPPROV AS TO FORM: AUNT `l sica Koenig, o Williatff. ayashi, Town Attorney • ORDINANCE NO.972 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING CHAPTER 13.04 OF THE FIRESTONE MUNICIPAL CODE WHEREAS, the Town. of Firestone ("Town") does not have a Commissioner of Water; and WHEREAS the duties set forth for the Commissioner of Water currently fall within the purview of the Public Works Director; and WHEREAS, the Town desires to amend Chapter 13.04 to reflect its current operations; and WHEREAS, the recent increase in Contractors theft of water from the Towns hydrants not only results in a loss of resources, but poses a significant risk to the integrity of the Town's water system and the public's health, safety and welfare when such theft occurs absent use of a backflow prevention assembly; and WHEREAS in light of the potential danger the Town desires to make theft of water from the Towns hydrants a separate offense and impose a mandatory fine. • NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO Section 1. Chapter 13.04 Water Department of the Firestone Municipal Code is re- titled Water Facilities. Section 2. Section 13.04.020, Board may appoint commissioner of water, of the Firestone Municipal Code is repealed in its entirety. Section 3. Section 13.04.030, Inspection of mains and repairs -Notice required is amended to read as follows: All work done in the laying of service pipes and making connections with the mains or repairs thereto, shall be left open for inspection by the Town and notice shall be given at the time such work is completed and a reasonable given for inspection. Section 4. Section 13.04.040, Commissioner of water to inspect record to be maintained, of the Firestone Municipal Code is repealed in its entirety. Section 5. Section 13.040.050, Right of inspection, of the Firestone Municipal Code is amended to read as follows: The Town, shall have the right at all reasonable hours, to have full and free access to all parts of premises and buildings where water is delivered or consumed, to examine the water pipes and fixtures, to examine whether there is any unnecessary waste of water, and as to the use made of the water, and upon demand, the owner, lessee, or occupant shall be required to fix all leaky pipes or faucets on the property to the satisfaction of the public works director.. Section 6. Section 13.040.060, Separate connection required, of the Firestone Municipal Code is amended to read as follows: Each water user in the town shall have a separate connection from the water main of the town water system. It is unlawful for any person to supply water to the occupant of any property which is not connected with the water system. Section 7. Section 13.040.080, Interruption of services —No damages, of the Firestone Municipal Code is amended to read as follows: The Town shall have the right at any time without notice to shut off the water in the Town mains, or any of them, for the purpose of making repairs, connections, extensions or for other useful or necessary purposes, including the right to shut off water for a breach or violation of any provision of this part. No water user or property owner shall be entitled to any damages or to have any portion of payment refunded for any interruption of water supply however the same may be occasioned. Neither the Town, nor any of its officers, employees or agents shall be liable to any person or entity, including but not limited to, any consumer of water or any beneficiary of water, for any interruption of water supply. Section 8. Section 13.040.115, Unauthorized hydrant connection, of the Firestone • Municipal Code is enacted to read as follows: It shall be unlawful for any person absent the prior authorization of the public works . director or the directors designee and in compliance with all conditions thereto to connect to any Town hydrant. Any person violating this provision shall be subject to a mandatory minimum fine of $2,500 per offense. Section 9. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 10. Violations of this ordinance shall in addition to the fine imposed herein be punishable in accordance with Section 1.16.010 of the Municipal Code of the Town of Firestone, Colorado. Section 11. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or , conflict. 2 INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 22t4 day of April S�dNE TOWN OF ORESTONE, COLORADO bi Sind ar, Mayor ATTEST: APPRO AS TO FORM: e icaKoenig, To erk Willia ' ashi, Town Attorney P • 3 0 ORDINANCE NO.971 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ACCEPTING THE DONATION OF CERTAIN REAL PROPERTY AND A RECREATIONAL EASEMENT FROM TWO HUNTERS PARK, LLC FOR THE CONSTRUCTION AND OPERATION OF A PEACEFUL PARK; APPROVING A GIFT AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND TWO HUNTERS PARK, LLC FOR SAID LAND AND EASEMENT; ACCEPTING THE DONATION OF CERTAIN REAL PROPERTY FROM ANADARKO PETROLEUM CORPORATION FOR THE CONSTRUCTION AND OPERATION OF A PEACEFUL PARK; AND APPROVING A PURCHASE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND ANADARKO PETROLEUM CORPORATION FOR SAID LAND WHEREAS, Two Hunters Park, LLC ("Donor") owns certain real property located within the Town of Firestone, Weld County, Colorado, legally described as Lot 12, Block 14, Oak Meadows P.U.D. Filing 2 and commonly known as 6312 Twilight Avenue, Firestone, Colorado 80504 (the "Lot 12"), and Anadarko Petroleum Corporation ("Anadarko") owns certain real property adjacent to Lot 12, legally described as Lot 11, Block 14, Oak Meadows P.U.D. Filing 2, Town of Firestone, Weld County, Colorado, and commonly known as 6310 Twilight Avenue, Firestone, Colorado 80504 (the "Lot 11") (collectively, the "Property"); and WHEREAS, Lot 12 was the location of a tragic explosion in which the Donor's spouse and brother passed away; and WHEREAS, Donor is willing to gift to the Town fee simple title to a certain portion of Lot 12, approximately 5,526 square feet in area ("Town Tract"), in memory of Donor's deceased spouse and brother, for development as a public space to be used for gardens, a natural habitat area, nature trail, pedestrian path, open space, wilderness area or other similar passive recreational uses ("Peaceful Park"), with the understanding that the Town will limit use of the Town Tract to a Peaceful Park, develop the Peaceful Park consistent with a design as more fully described in Exhibit A (the "Design Plans") and will preserve the Town Tract as a Peaceful Park for future public use; and WHEREAS, Donor further desires to retain fee simple title to a small tract of land located at the northeastern corner of Lot 12, approximately 932 square feet ("Donor's Tract"); however, the construction and continued operation of the Peaceful Park, to be consistent with the Design Plans, will require acquisition of a permanent easement over Donor's Tract; and WHEREAS, Donor is willing to grant to the Town a recreational easement across Donor's Tract to accommodate the development and operation of the Peaceful Park by the Town and to facilitate use of Donor's Tract in conjunction with the public's use of the Peaceful Park for the passive recreational purposes stated herein ("Recreational Easement"); and WHEREAS, the Town has negotiated an agreement with Donor for the donation of the • Town Tract and the Recreational Easement, in accordance with the terms and conditions set forth in the Gift Agreement, attached as Exhibit B; and WHEREAS, the Town desires to accept the donation of fee simple title to the Town Tract, 1 as more particularly described in Exhibit B attached to the Gift Agreement, for use as a Peaceful Park in accordance with the terms and conditions set forth in the Gift Agreement, and desires to accept the Recreational Easement to further facilitate development and operation of the Peaceful Park, in accordance with the terms and conditions set forth in the Recreational Easement, attached as Exhibit D to the Gift Agreement; and WHEREAS, the Design Plans contemplate the Property will serve as the site of the Peaceful Park; and WHEREAS, the location, construction and operation of the Peaceful Park therefore requires acquisition of Lot I I; and WHEREAS, the Town has negotiated an agreement with Anadarko for the conveyance of Lot 11 ("Purchase Agreement"), attached hereto as Exhibit C, and the Town desires to accept the conveyance of Lot 11 in accordance with the terms and conditions of the Purchase Agreement in order to facilitate development of the Peaceful Park;.and WHEREAS, the Town of Firestone is generally authorized to accept donations of real property for the benefit of its citizens, and is specifically authorized pursuant to C.R.S. § 31-25- 204 to accept gifts for parks and parks facilities; and WHEREAS, the Board of Trustees finds there is a benefit to providing additional outdoor space for passive recreational activities by the public, and the donation of the land described herein will assist the Town in the establishment of additional public land for passive recreational opportunities; and WHEREAS, the Board of Trustees further finds and declares that it is the best interests of the Town's citizens to accept the offered donations of land from Anadarko and Two Hunters Park, LLC, and that such donations will promote the health, safety and general welfare of the Town's citizens; and . WHEREAS, the Board of Trustees further finds and declares the Peaceful Park enhances the quality of life to the community, that the Peaceful Park should be considered no different than other vital infrastructure of the Town, and that limiting use and development of the donated lands to a Peaceful Park, together with preserving the donated lands as a Peaceful Park for perpetual public use, to the extent practicable and financially feasible, ensures the Peaceful Park will provide an increased qualify of life to the Town's inhabitants and is therefore in the best interests of the Town's citizens. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLOR -ADO: Section 1. The above Recitals and Findings of the Board of Trustees are hereby . incorporated into this ordinance. Section 2. The Board of Trustees hereby accepts the donation of Lot 11 from Anadarko Petroleum Corporation. Pj Section 3. The Agreement of Purchase of Real Property ("Purchase Agreement") between the Town of Firestone and Anadarko Petroleum Corporation is hereby approved in the form substantially similar to the farm attached hereto as Exhibit C and incorporated herein by this reference. Section 4. The Town Manager is hereby authorized to execute the Purchase Agreement on behalf of the Town and to correct, amend or revise the Purchase Agreement as he may deem advisable, in a manner satisfactory to the Town Attorney and consistent with this ordinance, to carry out the intentions of the Board. The Town Manager is further authorized to sign, execute and deliver any and all documents necessary to complete the transaction on behalf of the Town at closing and to effectuate the conveyance of the fee simple interest to the Town. Section 5. The Board of Trustees hereby accepts the donation of approximately 5,526 square feet, more or less, of Lot 12 and the grant of a recreational easement from Two Hunters Park, LLC, subject to the following condition: a. Approval by the Director of Planning and Development of a final subdivision plat, entitled "Oak Meadows P.U.D. Filing 2, Replat No. 1," subdividing Lot 12 to create a tract of land consisting of approximately 5,526 square feet, more or less, to be owned by the Town and a separate, smaller tract of land, consisting of approximately 932 square feet, more or less, to be owned by Two Hunters Park, LLC, which final plat shall provide, at a minimum, for the following: i . one or more plat note(s) restricting the use and disposal of the donated property in a manner consistent with this ordinance; 2. one or more plat note(s) restricting the subdivision and conveyance of the tract of land to be retained by Two Hunters Park, LLC in a manner consistent with this ordinance; 3. a plat note indicating the donated property is subject to a blanket recreational easement, which terms and conditions of such easement are set forth in a separate instrument; and 4. the rededication of all necessary utility easements to serve the donated property. Section 6. The Gift Agreement between the Town of Firestone and Two Hunters Park, LLC is hereby approved in the form substantially similar to the form attached hereto as Exhibit B and is incorporated herein by this reference. Section 7. The Town Manager is hereby authorized to execute the Gift Agreement on behalf of the Town and to correct, amend or revise the Gift Agreement as he may deem advisable, in a manner satisfactory to the Town Attorney and consistent with this ordinance, to carry out the intentions of the Board. Upon the recordation of the Oak Meadows P.U.D. Filing 2, Replat No. • 1 as approved and authorized in Section 5 above, the Town Manager is further authorized to sign, execute and deliver any and all documents necessary to complete the transaction on behalf of the Town at closing and to effectuate the conveyance of the fee simple interests to the Town. 3 • Section S. Upon the recordation of the Oak Meadows P.U.D. Filing 2, Replat No. 1 Final Plat, as approved and authorized in Section 5 above, those portions of all easements dedicated to the Town by the Oak Meadows P.U.D. Filing 2 Final Plat that are not shown on the Oak Meadows P.U.D. Filing 2, Replat No. t Final Plat are hereby and shall be vacated. The vacated easements will be replaced by the rededication of all necessary utility easements as accepted in Section 9 below. Section 9. The utility easements and all other easements designated for public use as shown upon the final plat of the Oak Meadows P.U.D. Filing 2, Replat. No. 1, are hereby accepted by the Town of Firestone. Section 10. If any article, section, paragraph, sentence, elause, or phrase of this ordinance is Held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 11. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. 0INTRODUCED READOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this' day of A ; )2020. AT'FEST: is OF I STON , COLORADO , Mayon TO FORM: Williamayashi, Town Attorney 4 ORDINANCE NO.970 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING CHAPTER 8.06 OF THE FIRESTONE MUNICIPAL CODE REGARDING NUISANCES WHEREAS, the Town's nuisance abatement procedures are outdated and must be amended to ensure compliance with current legal standards and procedures. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 8.06.010, Definitions, subsection B. 6., "public nuisance or nuisance," of the Firestone Municipal Code is repealed in its entirety and reenacted to read as follows: 6. Nuisance means a thing, act, failure to act, occupation, activity, condition or use of any building, land, substance or property, which: 1. The continuous use or condition of which presents a substantial danger or hazard to the health, safety or welfare of the community; 2. The continuous use or condition of which violates any ordinance of the town; 3. Shall otherwise constitute or be known or declared a nuisance by virtue of common law, state statutes or the ordinances of the town; 4. Any activity, operation or condition which, after being ordered abated, corrected or discontinued by a lawful order of any department or officer of the town, continues to be conducted or continues to exist in violation of any statute or this Code or in violation of any regulation of the town, the county, or the state; or Any activity, operation, condition, building, structure, place, premises or thing which is indecent or'offensive to the senses so as to interfere with the comfortable enjoyment of life or property. Section 2. Chapter 8.18, Abatement of nuisances, of the Firestone Municipal Code, is repealed in its entirety and reenacted to read as follows: 8.18.010 - Abatement of nuisances, notice and procedure. A. Except as otherwise specified within this chapter in all cases where a nuisance shall be found to exist; notice of the nuisance together with a demand directing the removal or discontinuance of the nuisance, shall be served by the town upon any and all offending parties. • Service shall be upon the individual in person, by certified mail, or by leaving a copy of the notice: 1. At such person's residence, with an individual 18 years of age or older being a member of the family or cohabitant; 2. At such person's place of business with an employee or owner of the business; 3. If personal service cannot be effected, notice shall be given by posting the premises, if possible, or if not possible, by posting such notice at the Firestone Municipal Building (Town Hall). A copy of the notice shall also be mailed to such person's last known address. B. The notice shall advise of the nature of the nuisance and demand elimination or discontinuance thereof within 72 hours, or such other period of time, as may be stated therein from the time of service. The notice shall also advise that if elimination or discontinuance is not accomplished within the stated time, the town may proceed to abate the same charging the expenses thereof to the person refusing to eliminate or discontinue the nuisance and/or may proceed with civil or criminal proceedings. C. Service of the notice and demand shall be a prerequisite to the commencement of civil proceedings by the town, except for situations involving emergency abatement. The fact that the person or entity against whom legal action is initiated does not actually receive such notice shall not preclude such litigation, provided the town has acted in good faith and in a manner reasonably calculated to give notice to the owner, occupant, or person having control or agent thereof. D. When a nuisance has not been voluntarily abated within the time specified in the notice and demand to abate, the town may, pursuant to the municipal court rules of procedure, bring a civil action in the municipal court to have the nuisance declared as such by the court and for an order enjoining the nuisance or authorizing its restraint, removal, termination or abatement by the owner or the person who caused the nuisance or the person who allowed the nuisance to be caused or to continue, or by such person's authorized agent, or a code enforcement officer or any authorized town employee, or any person under contract with the town to perform such service. E. The action to declare and abate a nuisance shall be brought by the town by the filing of a complaint which shall be verified by an affidavit. The summons shall be issued and served in accordance with the municipal court rules of procedure. Trial shall be to the municipal court and the town shall have the burden of proving, by a preponderance of the evidence, that a nuisance exists or occurred on/or within the property identified in the complaint. 1. A notice of appearance shall be served with the summons and complaint. The appearance date shall be not less than 14 days from the date of service of the summons. The trial shall be held upon the appearance date, unless the court grants, for a period not to exceed ten days, a continuance for good cause shown. 2. The defendant shall file a response on or before the appearance date set forth in the notice of appearance. 3. Upon the date and at the time set for appearance and trial, if the defendant or property owner has not filed a response and fails to appear and if the town shows that proper service was made on the defendant at least 14 days prior to the appearance date, the court may grant such orders as are requested by the town; except that the court shall order that enforcement by the town be stayed for ten days and that a copy of the court's order be • mailed to the defendant's last known address. Failure to appear on any other date set for trial shall be grounds for entering a default and judgment thereon against a non appearing party. For good cause shown, and prior to enforcement, the court may set aside an entry 2 of default and the judgment entered thereon.. 4. The judgment of the municipal court maybe appealed to the county district court. 5. The defendants to an action commenced under this chapter, and the person liable for and subject to the remedies may include any person owning or claiming any ownership or leasehold interest in the subject property, all tenants and occupants of the subject property, all managers and agents for any person claiming an ownership or leasehold interest in such property, any person committing, conducting, promoting, facilitating or aiding in the commission of a nuisance and any person necessary to carry into effect the courts orders. None of these parties shall be deemed necessary or indispensable parties. Any person holding any legal or equitable interest in the parcel who has not been named as a party- defendant may intervene as a party- defendant. No other person may intervene. 8.18.020 - Abatement orders. A. Issuance and effect of temporary and permanent abatement orders. The issuance of temporary or permanent abatement orders under this chapter shall be governed by the municipal court's rules of procedure, pertaining to temporary restraining orders, preliminary injunctions and permanent injunctions, except to the extent of any inconsistency with the provisions of this chapter, in which event the provisions of this chapter shall prevail. Temporary abatement orders provided for in this chapter shall go into effect immediately when served upon the property owner or party against whom they are directed. Permanent abatement orders shall go into effect as determined by the municipal court. No bond or other security shall be required of the town upon the issuance of any temporary abatement order. B. Form and scope. Every abatement order under this chapter shall set forth the reasons for its issuance; shall be reasonably specific in its terms; shall describe in reasonable detail the acts and conditions authorized, required or prohibited; and shall be binding upon the subject property, the parties to the action, their attorneys, agents and employees, and any other person named as a defendant in the nuisance action and served with a copy of the order. C. Substance of abatement orders. Temporary or permanent abatement orders entered under this chapter shall be narrowly tailored so as to address the particular kinds of separate violations that form the basis of the alleged nuisance. Such orders may include: 1. Orders requiring any defendant to take steps to abate the nuisance; 2. Orders authorizing town personnel to take reasonable steps to abate the nuisance activity and prevent it from recurring, considering the nature and extent of the separate violations; 3. Orders prohibiting certain named individuals from entering the property; 4. Orders reasonably necessary to access, maintain or safeguard the property; and/or 5. Orders reasonably necessary for the purposes of abating the nuisance or preventing the nuisance from occurring or recurring; provided, however, that no such order shall require the seizure of, the forfeiture of title to, or the appointment of a special receiver to protect, possess, maintain or operate any property. D. Temporary abatement orders. 1. The purpose of a temporary abatement order shall be to temporarily abate an alleged 3 nuisance pending the outcome of the matter's judicial proceeding. A temporary abatement order may be issued by the court, even if the effect of such order is to change, rather than preserve, the status quo. 2. At any hearing on a motion for a temporary abatement order, the town shall have the burden of proving that there are reasonable grounds to believe that a nuisance occurred in or on the subject property and, in the case of a temporary order granted without notice to the defendant, that such order is reasonably necessary to avoid immediate, irreparable loss, damage or injury. E. Permanent abatement orders. Where the existence of a nuisance is established in a civil action under this chapter, the court shall enter a permanent abatement order requiring the defendant to abate the nuisance and take specific steps to prevent the same and other nuisances from occurring or recurring on the property. F. Motion to vacate or modify temporary abatement orders. 1. General. At any time a temporary abatement order is in effect, any defendant or any person holding any legal or equitable interest in any property governed by such an order may file a motion to vacate or modify said order. Any motion filed under this subsection shall state specifically the factual and legal grounds upon which it is based, and only those grounds may be considered at the hearing. The court shall vacate the order if it finds by a preponderance of the evidence that there are no reasonable grounds to believe that a nuisance was committed in or on the property. The court may modify the order if it finds by a preponderance of the evidence that such modification will not be detrimental to 0 the public interest and is appropriate, considering the nature and extent of the violations. 2. Consolidation of hearing with other proceedings. If all parties so stipulate, the court may order the trial on the merits to be advanced and tried with the hearing on such motions. G. Noncompliance to court issued order. It shall be unlawful for any person to fail to comply or refuse to abide by any of the terms and conditions of a temporary or permanent order issued by the court. 8.18.030 - Remedies. A. The town and any defendant to an action under this chapter may, upon the court's approval, voluntarily stipulate to orders and remedies, temporary or permanent, that are in addition to those provided in this chapter. B. In any case in which the town prevails in a civil action initiated pursuant to this chapter, the town may recover its reasonable costs and expenses of declaring and abating the nuisance, including reasonable attorney fees and costs of litigation; such costs may be assessed against the defendant and become a lien against the subject property pursuant to the procedure set forth herein in this chapter. C. The remedies set forth herein are cumulative. The initiation of any action or the imposition of any penalty hereunder shall not preclude the town or any town official from instituting any other proceeding to require compliance with the provisions of the Code and with any administrative orders and determinations made hereunder. No provision herein shall be construed to limit or abrogate the right of any person to bring a private action to abate a private nuisance. r� 9 8.18.040 - Summary abatement. Where, in the opinion of the town manager, or such person's designee, a nuisance exists and constitutes an immediate and serious danger to the public health, safety or welfare or, in the case of any nuisance in or upon any public street or public property, such may be summarily abated by the town without notice of any bind. 8.18.050 - Unlawful interference. It is unlawful for any person to interfere with or prevent, or attempt to interfere with or prevent, the abatement of any nuisance by any employee or agent of the town pursuant to the provisions of this chapter. 8.18.060 - Recovery of expenses; lien. A. All costs and expenses incurred by the town in abating any nuisance shall be paid by the property owner to the town clerk in full within 30 days after mailing by the town clerk to the property owner, by certified mail, a notice of and the assessment of such cost. Such notice shall include a statement of the work performed to abate the nuisance, the date of performance and the costs and expenses. B. If the property owner desires to object to the assessment, the owner shall have 30 days from the date of certified mailing of the assessment to file a written objection with the town clerk. The town clerk shall then schedule the matter for hearing before the town manager. The owner shall be given at least 14 days written notice of the date, time and place of the hearing. The decision of the town manager shall be final and provided in writing to the property owner within seven days of completion of the hearing. C. Failure to pay the assessment within 30 days shall cause the assessment to become a lien with penalty and interest, upon the real property subject to abatement by the town. The penalty and interest shall be assessed at a rate equivalent to that which is assessed by state law upon delinquent general property taxes. Such lien shall have priority over all other liens except general taxes and shall, upon the town's certification and filing with the county, be collected and paid to the town by the county treasurer in the same manner as delinquent general property taxes. 8.18.070 — Inspection of property. A. Right of entry; notice. Whenever necessary to make an inspection to enforce this chapter, or whenever a police, code enforcement officer or authorized town official has probable cause to believe there exists in any building, or upon any premises, any condition which constitutes a nuisance, such person shall first present proper credentials and request entry. If the responsible party cannot be located after a reasonable effort, the authorized town personnel shall post a notice of intent to inspect upon the premises in a conspicuous place. The notice shall state that the responsible party has the right to refuse entry. If entry is refused or 24 hours after posting of the property the authorized town official may appear before the municipal court judge and request an administrative search warrant to inspect the premises. B. Search warrants. A police, code enforcement officer or authorized town official may 5 • appear before the municipal judge and upon a showing of probable cause shall obtain a search warrant entitling such officer to enter the building or upon the premises, using such reasonable force as may be necessary to gain entry. The person applying for such warrant shall not be required to demonstrate specific knowledge of the condition of the particular structure or premises at issue in order to obtain a search warrant, but must show factual or practical circumstances that would lead an ordinary prudent person to conclude that a nuisance exists and to act upon the condition of the property. Any municipal judge of the municipal court of the town shall have power to issue search warrants. C. Emergencies. Whenever an emergency situation exists in relation to the enforcement of any of the provisions of this chapter, a police or code enforcement officer, or fire department, or emergency personnel in service to the town, may enter into any building or upon any premises using such reasonable force as may be necessary. An emergency situation includes any situation of imminent danger of loss of, or injury or damage to, life, limb, property or threat to public safety. It is unlawful for any owner or occupant of the building or premises to deny entry to any such officer or to resist reasonable force used by the officer acting pursuant to this subsection. Section 2. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. Violations of this ordinance shall be punishable in accordance with Section 1.16.010 of the Municipal Code of the Town of Firestone, Colorado. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 26th day of February, 2020. ATTEST: E TOWN OFF RESTONE, COLORADO BoAbi Sin , Mayor APPRO AS TO FORM: William . ayashi, Town Attorney r ORDINANCE NO.969 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE COLORADO ENACTING CHAPTER 13.13 OF TITLE 13 OF THE FIRESTONE MUNICIPAL 0, CODE REGARDING STORMWATER QUALITY WHEREAS, the Town of Firestone ("Town") is a Colorado statutory Town, with all powers and authority as provided by law; and WHEREAS, the Town has been designated by the Colorado Department of Public Health and Environment as a regulated Municipal Separate Storm Sewer System; and WHEREAS, this designation is incompliance with the provisions of the Colorado Water Quality Control Act, (§25-8-101 et seq., CRS, 1973, as amended) and the Federal Water Pollution Control Act as amended (§33 U.S.C. 1251 etseq.); and WHEREAS, the Town has been issued a Municipal Separate Storm Sewer System Phase II ("MS4") permit ("Permit"), Certification Number COR090113, through the Colorado Discharge Permit System to discharge stormwater to the St. Vrain Creek; and WHEREAS, as a condition of this Permit the Town is required to adopt an ordinance prohibiting illicit discharges and connections into the Town's municipal separate storm sewer system and enacting measures to control construction site stormwater runoff; and WHEREAS, the requirements herein shall apply to any party conducting activities regulated by the Permit within the Town's corporate limits that have an impact on the Town's municipal separate storm sewer system. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE COLORADO: Section 1. Chapter 13.13, Stormwater Quality, of the Firestone Municipal Code_ is enacted to provide as follows: 13.13.10 — Purpose and Intent The purpose of this Chapter is to regulate non-stormwater discharges to the municipal separate storm sewer system (MS4), as required by federal and state law, to protect and enhance the quality of water discharged to the Town's MS4 and subsequent receiving waters. The objectives of this Chapter'are: A To regulate and prevent contributions of pollutants to the Town's MS4; B. To prohibit illicit connections and illicit discharges to the Town's MS4; C. To ensure MS4 Permit requirements for Construction. and Post -construction are met; D. To establish procedures to carry out the inspections, monitoring and enforcement action_ s necessary to ensure compliance with this Chapter; and, E. To protect the health, safety, and general welfare of the citizens of the Town through the regulation of non-stormwater discharges to the MS4. 13.13.020 -- Applicability This Chapter shall apply to all waters entering the Town's MS4 on any developed and undeveloped lands unless explicitly exempted by this Chapter. • 13.13.30 —Definitions 1 Unless the context specifically indicates otherwise;' the following terms and phrases, as used in this Chapter, shall have the following meanings: A. Best Management Practices (BMPs) means schedules of activities, prohibitions ofpractices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable the pollution of `state surface waters'. BMPs also include treatment requirements, operating procedures and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. BMP is used interchangeably with the term control measure, and can include other methods such as the installation, operation, and maintenance of structural controls and treatment. devices. .B. CDPHE means the Colorado Department of Public Health and Environment. C. CDPS means Colorado Discharge Permit System. D. Common Plan of Development means a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules, but remain related. Contiguous means activities located in close proximity to each other (within '/4 mile) or within the same preliminary or final plat. E. Construction Activities means ground surface disturbing and associated activities (land disturbance), which include, but are not limited to, clearing, grading, excavating, demolition. installation of new or improved haul roads or access roads, staging areas, stockpiling of fill materials, and borrow areas. Construction does not include routine maintenance performed by public agencies, or their agents to maintain original line grade, hydraulic capacity, or original purpose of the facility. Construction activity is from initial ground breaking to final stabilization regardless of ownership of the construction activity. F. Control Measure (CM) means any best management practice or other method used to prevent or reduce the discharge of pollutants to waters of the state. Control measures include, but are not limited to best management practices. Control measures can include other methods such as the installation, operation, and maintenance of structure controls and treatment devices. G. Town Engineer means the Town Engineer or authorized designee. H. Final Stabilization means the condition reached when all ground surface disturbing activities at the site have been completed, and for all areas of ground surface disturbing activities a uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre -disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. I. Illicit Connection means any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the MS4, including, but not ' limited to, any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drainage system; and any connections to the MS4 from indoor drains and sinks; regardless of whether said drain or connection had been previously allowed, permitted, or approved. J. Illicit Discharge means any discharge to a municipal separate storm sewer system that isnot composed entirely of stormwater runoff, except as excluded in section 13.13.050 of this Chapter. 2 . K. Land Disturbance means the land's surface disturbed by any work activity upon the property by means including but not limited to grading; excavating; stockpiling soil, fill or other materials; clearing; vegetation removal; removal or deposit of any rock, soil or other materials; or other activities which expose soil. Land disturbance does not include the tillage of land that is zoned agricultural. L. Municipal Separate Storm Sewer System (MS4) means a conveyance or system of conveyances (including: roads with drainage systems, municipal streets, catch basins,curbs, gutters, ditches, man-made channels, or storm drains): 1. Owned or operated by any public body (created by or pursuant to the state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or a designated and approved management agency under section 208 of the Clean Water Act that discharges to state waters; 2 Designed or used for collecting or conveying stormwater 3. Which is not combined sewer; and, 4. Which is not part of a Publicly Owned Treatment Works M. Operator means the person who is responsible for the overall operation of the facility or activity from which the. associated discharge originates. N. Owner means the person who owns and is financially responsible for a facility, development, part of a facility, or land. 0. Permanent CMs means those permanent stormwater quality control measures, including but not limited to, grass buffers and swales, modular block porous pavement, porous pavement and landscape detention, sand filter and extended detention basins, constructed wetlands basins and channels, and proprietary (underground) CMs to be properly installed and regularly maintained in order to treat stormwater runoff and ensure long term water quality enhancement. P. Pollutant includes but is not limited to any dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal or agricultural waste. Q: Pollution means the presence in waters of the state of any substances, contaminants, or manmade or man -induced impairment of waters or alteration of the chemical, physical, biological, or radiological integrity of water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation. R Post Construction means the set of requirements applicable to any site or common plan of development or sale which has disturbed an area greater than or equal to one acre or part of a larger common plan of development. S. Stop Work Order means an order issued by the Town Engineer which requires that all construction activity on a site be stopped. T. Stormwater means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. 3 • • U. Stormwater Management Plan (SWMP) means the state required document developed and maintained by owners and or operators of construction activities to assure compliance with . the general permit for stormwater discharges associated with construction activities. V. Stormwater Quality Permit (SQP) means a permit issued to a person pursuant to the requirements of this Chapter, to conduct certain land disturbance activity. W. Temporary CMs means temporary sediment and erosion control CMs, including, but not limited to, silt fencing, wattles, vehicle tracking control pads, inlet filters, diversions, rundowns, sediment traps and ponds, dewatering structures, rip rap, erosion control mats, and waste control CMs, including but not limited to, concrete washouts, to be installed and regularly maintained to prevent erosion and keep sediment and waste from discharging off - site prior to Final Stabilization. X. Waters of the State of Colorado (waters of the state) means any and all subsurface waters which are contained in or flow in or through this state, but does not include. waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distributions systems, and all water withdrawn for use until use and treatment have been completed. This definition can include water courses that are usually dry. 13.13.040 — Responsibility for Administration The Town Engineer shall administer, implement, and enforce the provisions of this Chapter. 13.13.50 — Illicit Discharges Prohibited A. It is unlawful and constitutes a public nuisance for any person to discharge or cause to be discharged or spilled, or to maintain a condition upon any property that may result in the discharge of, any substance other than naturally occurring stormwater runoff into the Town's MS4. a Discharges from the following activities, when properly managed, are excluded from the prohibitions established by this Chapter: 1. Landscape irrigation and lawn watering. 2. Diverted stream flows. 3. Irrigation return flow. 4. Rising ground waters. 5. Uncontaminated groundwater infiltration 6. Uncontaminated pumped groundwater. 7. Springs. 8. Flows from riparian habitats and wetlands. 9. Water line gushing. 10. Discharges from potable water sources. 11. Foundation and or footing drains. 12. Air conditioning condensation. 13. Water from crawl space pumps. 4 C, • • 14. Individual residential car washing. 15. Water incidental to street sweeping (including associated sidewalks and medians) and that is not associated with construction. 16. Dye testing, in accordance with the manufacturers recommendations. 17. Stormwater runoff with incidental pollutants. 18. Discharges resulting from emergency firefighting activities. 19. Discharges authorized under a separate CDPS or NPDES permit. 20. Agricultural stormwater runoff 21. Discharges in accordance with the CDPHE Water Quality Control Division's Low Risk Policy guidance documents. C. Nothing contained in this section shall be construed to relieve any person discharging or causing to be discharged any substance into the Town's MS4 from any liability for damage caused by the quantity, quality, or manner of discharge. 13.13.060 — Illicit Connections Prohibited The construction, use, maintenance or continued existence of illicit connections to the Town's MS4 is prohibited. This prohibition expressly includes, without limitation, illicit connections made prior to enactment of this Chapter, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 13.13.70 —Threatened Discharges A. It is unlawful to cause materials to be deposited in such a manner or location as to constitute a threatened discharge into the Town's MS4 or waters of the state. Pollutants that are no longer contained in a pipe, tank or other container are considered to be threatened discharges unless they are actively being cleaned up. 1. Cleaning ofpaved surfaces required. The owner of any paved parking lot, street or drive shall clean the pavement as necessary to reduce, to the maximum extent practicable, an illicit discharge of pollutants. Paved surfaces shall be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water or other methods in compliance with this Chapter. 2. Materials storage. Materials including, but not limited to, stockpiles used in construction and landscaping activities shall be stored to reduce, to the maximum extent practicable, the release of pollutants. No owner or operator shall place, store, maintain or allow to accumulate on public property or right-of-way any stockpile, pile, storage, accumulation of construction material or landscape materials, unless such activity is subject to a stormwater quality permit, or such person is an employee, official or contractor to the Town acting within the scope of their municipal functions. 3. Pesticides, herbicides and fertilizers. Pesticides, herbicides and fertilizers shall be applied in accordance with manufacturer recommendations and applicable laws. Pesticides, herbicides and fertilizers shall be stored in a manner to prevent release tothe Town's MS4. 13.13.080 — Notification of Spills Notwithstanding other requirements of law, as soon as any person responsible for any premises, facility or operation, or responsible for emergency response for a facility or operation has 5 • information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the Town's MS4, or waters of the state, that person shall take all necessary steps to ensure the discovery, assessment, containment, and cleanup of such release. In the event of a release. of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. 13.13.90 — Stormwater Quality Permit A Permit required. It shall be unlawful for any person without first acquiring a stormwater quality permit ("SQP") to conduct any construction activities resulting in a land disturbance equal to or greater than one (1) acre or less than one (1) acre but part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules. The Town may also require a SQP regardless of the size of the total disturbed area in conjunction with approval of a final subdivision plat, special use permit, or site development plan. B. Performance Security. As a condition for the issuance of an SQP, applicants may be required to provide performance security in the form of cash, a surety bond, or irrevocable letter of credit. The amount of the performance security shall be based upon one hundred fifteen percent (115%) of the estimated cost of the work required to ensure compliance with the SQP's terms and conditions and requirements of this Chapter. The performance security, less any deductions, shall be released upon the Town Engineer's determination that the permittee has successfully completed all required work, reached final stabilization, and met all other requirements of this Chapter. C Permit application and fee. Persons required to obtain an SQP shall pay all required permit fees and complete and file with the Town an application on a form prescribed by the Town. In support of the application, the applicant shall submit all information required on the Town's form and any additional information requested by the Town. The application shall be signed by a person responsible for compliance with the permit throughout the permit's validity. The application shall include. documentation of an application for a CDPHE stormwater general permit for construction activities. D. Issuance or denial ofpermit. The Town shall, upon its receipt of a completed SQP application, either issue or deny a permit. A permit may be denied if the applicant fails to provide the information, provide the performance security, or pay the fees required by this Chapter. If a permit is denied, the applicant shall be notified of such in writing. The notification shall set forth the grounds for denial and inform the applicant of what corrective actions must be taken to obtain a permit. An applicant may appeal the denial in writing to the Town Engineer no later than thirty (30) calendar days from the date of issuance of denial. The appeal must set forth the grounds for the appeal and include any documents in support of the applicant's appeal. The Town Engineer shall within thirty (30) calendar days from the date of issuance of receipt of an appeal rule on the matter based solely upon review of the application, denial, appeal, and all documents related thereto. The parties shall receive written notice of the Town Engineer's decision. E Exemptions. A SQP is not required for the following activities: 1. If the discharge is from a parcel or area not under the jurisdictional authority of the Town, or is under the authority of another stormwater permit entity. 2 If the proposed land disturbance is an agricultural land management activity. 3. If the activities are specifically exempted in the Town's MS4 permit and the Town Engineer determines are applicable to the SQP. . . 13.13.100 -- Construction Stormwater Management For construction activities subject to the requirements of this Chapter, the following shall apply: A. Preparation of SWMP. In addition to all CDPHE requirements, the SWMP shall be prepared and implemented in accordance with engineering, hydrologic and pollution control practices outlined in the Town's most current design standards and construction specifications for public improvements. B. SWMP required onsite. The permittee shall have the approved and updated SWMP onsite at all times, though an electronic copy shall suffice. A minor modification to the SWMP is required if at any time, the specified control measures do not meet the objectives of this Chapter or equivalent or better control measures are implemented. When there is significant change in design, construction, operation, or maintenance which has a significant effect on the hydrology or potential for discharge of pollutants to the MS4 or receiving waters, a revised SWMP shall be submitted to the Town for review and acceptance. The updated SWMP shall be made available to the Town upon request. C. Installation of Temporary CMs. The permittee shall ensure temporary CMs are implemented for all pollutant sources throughout all stages of construction from the initial inspection until final stabilization has been certified by the Town.Engineer. D. Inspection of Temporary CMs. The permittee shall inspect all temporary CMs at one (1) of the frequencies available in the CDPHE issued permit. Inspections of CMs shall be conducted by a person with formal training in erosion and sediment control. A certification of successful completion shall be provided upon request by the Town. Records of inspections are to be maintained on site with the SWMP and are to be available to the Town upon request. E. Maintenance of Temporary CMs. Temporary CMs shall be continuously maintained to their designed functional capacity and restored immediately when damaged. Whenn-a CM is deemed to be missing, ineffective, or inappropriate, the permittee shall replace the CM with an appropriate CM, or remove the CM, and maintain it as required.. 13.13.110 — Technical Standards and Specifications All CMs designed to meet the requirements of this Chapter shall, as. applicable, comply with the most current following technical standards: A. Town of Firestone Design Standards and Construction Specification for Public Improvements B. "Urban Drainage and Flood Control Districts Urban Storm Drainage Criteria Manual", Volume 3, Stormwater Quality, or its successor. C. Any other alternative methodology approved by the Town, which is demonstrated to be effective in meeting the requirements of this Chapter. Specifications and details, as well as maintenance requirements must be reviewed and accepted by the Town Engineer prior to use. 13.13.120 — Post -construction Stormwater Management A. Permanent CMs. Public and private construction activities that meet the requirements of this Chapter, unless exempted by the Town's MS4 permit, must address stormwater quality through the 7 use of permanent CMs which shall be maintained by the owner in perpetuity as shown on the approved final plat, development agreement, or maintenance agreement. 1. Treatment structural CMs, such as but not limited to, inlets, bioretention, grass swales and buffers, extended detention basins, sand filters, permeable pavement, constructed wetland ponds and channels, and underground control measures located on private property shall be owned and operated by the owner(s) of the property on which the control measure is located. 2 Nonstructural CMs, such as site operations, employee training, and site planning incorporating all currently available technology, as appropriate, to address stormwater quality shall be implemented by the owner or operator in perpetuity. 3. As a condition of approval, the owner shall also agree to maintain the permanent CM to its design capacity and functionality unless or until the Town relieves the owner of that responsibility in writing. B. Certification and as -built submittal. During installation of permanent CMs, engineering inspections must be conducted at key installation points to ensure proper installation and functionality. Inspection documents will be made available to the Town upon request. Upon completion of the project, and before construction acceptance and/or certificate of occupancy is granted, the Town shall be provided a certified as -built and written certification by a Colorado licensed professional engineer stating that the completed project is in compliance with the approved final plan and phase III drainage report and that the permanent CM will function as designed. A final inspection by the Town is required before the release of any Performance Security posted pursuant to this Chapter. C. Ongoing inspection and maintenance of permanent CMs. 1. Maintenance agreement. The owner of the site containing permanent CMs shall maintain such CMs in accordance with this Chapter. The maintenance agreement shall run with the land and shall be binding on all subsequent owners of the site containing permanent CMs. Failure of any owner to receive actual notice of its obligation to maintain permanent CMs pursuant to this Chapter shall not absolve an owner of obligation to meet the permanent CM maintenance requirements. 2 Long term inspection and maintenance. Permanent CMs included in phase III drainage reports must undergo ongoing inspections by the owner to document maintenance and repair needs and to ensure compliance with the requirements of phase III drainage report, the written policies and procedures adopted by the Town Engineer, and this Chapter. Inspection reports will be made available to the Town Engineer upon request. 3. Substitution of Entity of Perpetual Existence. At the Town's sole election, the maintenance and inspection obligation imposed under this Chapter may be approved for assignment in writing to an entity of perpetual existence, such as a metropolitan district or other special district with sufficient financial capability. The property owner shall have the burden of establishing financial capability to the Town Engineer's satisfaction. D. Existing Permanent CMs 1. If review of a land development proposal demonstrates that existing permanent CMs are in place to address water quality treatment for the site, and are sufficient to maintain water quality, no additional CMs will be required. 2 If review of a land development proposal demonstrates existing vegetative buffers, or other existing site features provide adequate treatment for the proposed development, and are sufficient to maintain water quality, no additional CMs will be required. 3. If an existing CM is modified to accommodate additional stormwater flows from development or redevelopment undertaken pursuant to subdivision or site plan approvals issued by the Town after the effective date of this Chapter, the entire CM (including those portions in existence before the effective date of this Chapter) shall be subject to the maintenance requirements of this Chapter. 13.13.130 — Right of entry and Inspection of properties and facilities A Whenever necessary to conduct an inspection or investigation for compliance with the provisions of this Chapter or whenever the Town Engineer has probable cause to believe that there exists, in or upon any premises any condition which constitutes a violation of this Chapter, the Town Engineer shall have the right to enter the premises at any reasonable time to inspect the same or to determine if the owner or operator is complying with the requirements of this Chapter. If such premises is occupied, the Town Engineer will first present proper credential and request entry and if such premises is unoccupied will first make a reasonable effort to locate the owner, occupant or other person having charge or control of such property and if located will present proper credentials and request entry. If the owner, occupant or other person in charge or control cannot be located, a notice of intent to inspect and enter will be posted on the premises in a conspicuous location. The notice shall state that the property owner has a right to refuse entry and that in the event entry is refused, inspection may be made upon issuance of an administrative warrant by.a municipal judge of the Town, If entry is refused or 24 hours after posting of the property the Town Engineer may appear before the municipal court judge and upon a showing of probable cause request an administrative warrant authorizing the Town Engineer to enter upon the property to conduct an inspection or investigation. B. In conducting investigations, the Town Engineer may set up on the property of any discharger to the MS4 such devices that are necessary to conduct an investigation of such discharges. The investigation may include, but is not limited to, the following: sampling of any discharge or process waters, the taking of photographs, interviewing staff on alleged violations, and access to any and all facilities or areas within the premises that may have any effect on the discharge. C. For the purposes of this section, "probable cause" exists where the facts and circumstances within the Town Engineer's knowledge are sufficient to warrant a person of reasonable caution that a violation of this Chapter exists or that the proposed measures and or equipment are necessary to investigate discharges to the Town's MS4 to ensure compliance with this Chapter: D. If the alleged violation constitutes an immediate danger to public health or public safety, the Town Engineer is.authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and or restore the property. 13.13.140 — Enforcement and Penalties A. Violation. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this Chapter. Any person who violates any of the provisions of this Chapter may be subject to the enforcement actions set forth in this section. B. Enforcement. All authorized personnel under the supervision of the Town Engineer shall have • the power to conduct inspections and investigations give verbal direction, issue notices of violations and implement other enforcement actions under this section. 9 • C. Abatement. The Town Engineer may in the even t,of any violation of the requirements and provisions of this Chapter seek abatement of such matter through initiation of an abatement action as set forth in Chapter 8.18 of the Code. a Re -inspection fees. Whenever the Town Engineer determines that any activity is occurring which is not in compliance with the SQP requirements of this Chapter, the Town Engineer may impose a re -inspection fee. E. Stop work order. Whenever the Town Engineer determines that any activity is occurring which is not in compliance with the requirements of this Chapter, the Town Engineer may order the activity stopped upon service of written notice upon the responsible owner and or operator, The owner and or operator shall immediately stop all activity until authorized in writing by the Town Engineer to proceed. If the owner and or operator cannot be located, the notice to stop shall be posted in a conspicuous place upon the area where the activity is occurring and shall state the nature of the violation. It shall be unlawful for any owner and or operator to fail to comply with a stop work order. F. Remedies not exclusive. The remedies in this Chapter are cumulative and the exercise of any remedy shall not prejudice any other remedies .that may otherwise be pursued for a violation of this Chapter. The remedies listed in this Chapter are not exclusive of any other remedies available under any applicable federal, state or local law. 13.13.150 — Fees and costs All fees set forth herein this Chapter shall be established by resolution of the Town's Board of Trustees. Section 2. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. Violations of this ordinance shall be punishable in accordance with Section 1.16.010 of the Municipal Code of the Town of Firestone, Colorado. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. 10 0 ORDINANCE NO, 968 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, VACATING CERTAIN UTILITY EASEMENTS WITHIN LOTS 24,25 AND 28, BLOCK ], BAREFOOT LAKES FILING NO.3 SUBDIVISION WHEREAS, the Barefoot Lakes Filing No.3 Subdivision plat was recorded in the Weld County Clerk and Recorder's Office on August 13, 2018, attached hereto as Exhibit A, and dedicated to the Town a five-foot utility easement across the eastern portion of Lot 25, a five-foot utility easement across the western portions of Lots 24 and 28, and an eight -foot utility easement across the southern portion of Lot 25, as depicted and more particularly described in the attached Exhibit A; and WHEREAS, Barefoot, LLC, as owner of certain real property described as Lots 24 through 28, Block 1, Barefoot Lakes Filing No. 3, and on behalf of St. Vrain Lakes Metropolitan District No. 1, as owner of certain real property described as Tract C, Barefoot Lakes Filing No. 3 (collectively, the "Property"), have submitted a proposed final subdivision plat for the Property, entitled `Barefoot Lakes Filing No. 3, Replat #1" ("Final Plat"), which includes three separate utility easements previously conveyed to the Town by separate instrument across Tract C and Lot 25, as depicted on the Final Plat attached hereto as Exhibit B and further described in that certain easement instrument recorded in the Weld County Clerk and Recorder's Office at Reception No. 4527598; and • WHEREAS the Board of Trustees finds and determines then i new utility easements previously conveyed to the Town and as depicted in the Final Plat will be an acceptable way to accomplish the same public purposes as those served by the utility easements described in the attached Exhibit A and proposed to be vacated, and will accommodate development of the Property; and WHEREAS, the City Council further finds and determines that the utility easements described in the attached Exhibit A are no longer necessary for the public use and convenience. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain utility easements within Lots 24, 25 and 28, Block 1, Barefoot Lakes Filing No. 3, as depicted and described in Exhibit A, shall be vacated. Section 2. , The Town Clerk is directed to record this ordinance with the Weld County Clerk and Recorder's Office, which shall indicate the effective date of the vacations of certain easements authorized under this Ordinance No. 968. Section 3. City Council directs that a certified copy of this Ordinance be filed with the City Clerk and further, the City Clerk index, file and make the Ordinance available to the public. Section 4. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby • 0 declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this&h day of , 2020. ATTEST: Koenig, T Exhibit A -- Eas Exhibit B — Eas ��r�sTDI�F 10 f© CDG't1fiY .ri TOWN OF FIRESTONE, COLORADO Bobbi Sindelar, APPROVED AS TO FORM: Williaiil! Hayashi, Town Attorney to be acated (Shown in Red) _Vxeviously Conveyed (Shown in Green on final plat) 0 EXHIBIT A oP1>, BAREFOOT LAKEST FILING NO. 3 A REPLAT OF LOT 1, BLOCK 13 AND TRACT Q. BAREFOOT 'LAKES FILING NO. 1, TRACT D. BAREFOOT LAKES FILING. NO' 2, TOGETHER WITH AN UNPLATTED PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 35 AND. TIM WEEP HALF OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD;. STATE OF COLORADO. SHEET 5 OF 6 OM SUM 4 I .'j n i _ •,:.�s Y.:.Ia W' ...rLL �.� � 9 as i � � � 21 :! a_� � •��- SE6 SDI s IA �n7 r tx9r has `h y. L-9A / lir i%i 1 39 $ $ 37 0.13 ,A,(v tRa �Tt'S„�.M.dl-E t]4�1• calla l r r !FACT A' . RFY� P� i�iAVC .vq� 1 FEY: .aa •3]SaiF Q { � '••t '� aR1423Y3'Ef J � Ya.• _,.mriie �,v__,_ dt.ay�yl,e E pvme TRACE o IItI m s aaaw Ac Fn R n�ovy�j�X , �bf i'a V. �� 0 VA i 9LC 31 pn.e.• 4F T M • 4 � fA.I1GCY pWl S' ,�• ter. lllLa RnPl A11'R ,IC RRESTONE INFORMATION 9L= PLAT GRAPHICS — SKEET 5 of 6 � DEVELOPER ,o.:nw Q1/�"1LT,E �: BRO RES7OENt7AL .. eTAwrs. was x o®eiuoo xauar>s: s l re9 ' � .n«.nLw a.s.ai m) amn ..a.. . e. . 0 0 0 EXHIBIT B FINAL PLAT BAREFOOT LAKES FILING NO. 3, AMENDMENT NO. 1 A REPLAT OF LOTS 24-26, BLOCK'1 AND TRACT C BAREFOOT LAKES FILING NO. 1, LOCATED IN THE SOUTHEAST QUARTER OF'SECTION 35 AND THE WEST HALF OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO. 4.416 ACRES — 5 LOTS/1 TRACT r LEGEND Jt � % Rx GORUER 1 E 6EIx16'� 5 R[6aR wtx PINY 1-I/a' P snc CAP 6TATMPfex•AZTEC CS 38636" II. �� FWNx ND- 5 ft eAft vTM 1-t/�' OR�N6E PUST[C I CAP STAMPEe "AZTEC L5 ]e06i A ACE EAst;igxr RW RI[NT CF- (NR) Mex-R,.N. SE 1/4 NW 1/4 II1 �IX'el w 1 i� or I V I F- I _ TEP.RACE LW8 r�wR�ia� 3vum < • ~ � SUMC S��/4, N/�/1. Sass � —_______ "" --�' a-w•�r A 5435R". _ � N84�5't5'E 200.t R-760,00' I 1KG�NlR�M1P96'3 ]O II + 2G 1 1 - 36.V L-Z&_ 41.93 _ _ _-_-_-__ 27A B 28A 5.50o s W26 AC 8 �t�rxrAm _-_ - SV I14 sec. ]e 25A 7._ 4 26A O.lie AC 6.55e Si• a e.136 AC 8 g - ev�r ,-cV., I' - 1 1 I I ,I f 1 - I 1 I I 1 1 1 I 1 I _____________ I xx4�sla"E 5x.13' Rli']T55"E 550+ .'ci•.� __ _- _-_---- TRACT Cl I.Ll s 3.131 AG 9$Z9'M"W SgIIN 1dV£ Ci RF A" Y 52.47' 1/ rvw r/ secrwv ss rm,v1�a 5692➢'11 £ 1323 rJ' rm uVc nLw. ��rniuWY� . N6 1/4 sf 1/4 M. 36 d� 4Rb ' a e 4 _;� � rRr.una axwr a . .-.. � u¢c cwueulrrs rrc FIRESTONE INFORMATION BLOCK ReN w Date FINAL PLAT GRAPHICS - SHEET 3 cf 3 D EY E L 0 P ER BROOKFIELD RESIDRN71AL m+-n>• con9xc,.n-�, Inc. tvsw T m E�0.1 S fRFLHriVOa P.Ain 6LW.. SinlE ]p6 CEUTE,v,L. COLORApe mitt l x c c 1 r • ORDINANCE NO.967 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ZONING CERTAIN LAND, FULLY DESCRIBED HEREIN, TO PUD REGIONAL COMMERCIAL AND PUD RESIDENTIAL A; AND APPROVING AN OFFICIAL DEVELOPMENT PLAN FOR LOTS 2 & 2A WITHIN DEL REY SUBDIVISION PLANNED UNIT DEVELOPMENT WHEREAS, Kris Espinosa (the "Applicant") has submitted an application for zoning certain land fully described and depicted on Exhibit A and to establish an Outline Development Plan (the "ODP"),for Lots 2 & 2A located within Del Rey Subdivision Planned Unit Development (the "PUD")to allow for residential and equestrian development (collectively, the "Application"); and WHEREAS, the Firestone Planning and Zoning Commission, after conducting a public hearing on the Application held on February 5, 2020, rendered a decision recommending approval of the Application to the Board of Trustees, subject to two conditions of approval as more fully set forth in the resolution PC-20-04, dated February 5, 2020; and WHEREAS, on February 26, 2020, the Board of Trustees conducted a public hearing on the Application; and WHEREAS, after reviewing the record of the Planning and Zoning Commission public hearing, and after considering the testimony, evidence and argument presented at the Board of Trustees public hearing, the Board of Trustees finds and determines that the Application is complete, that the Applicant has met the requirements and standards set forth in Sections 17.22.030 and 17.44.060 of the Firestone Municipal Code, and Section 6.6 of the Firestone Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The land described and depicted on Exhibit A shall be zoned Town of Firestone PUD-RC (Planned Unit Development/Regional Commercial) and PUD-R-A (Planned Unit Development/Residential-A) Zoning District. Section 2. The Del Rey Subdivision PUD Outline Development Plan for Lots 2 and 2A, attached hereto as Exhibit B, is hereby approved, conditioned upon satisfaction of the following conditions: a. Provide an updated title commitment showing Kris Espinosa as owner when the mylars are provided for recording, dated no later than thirty (30) days prior to submission of mylars. • b. Minor, technical corrections to the ODP shall be made to the Town's satisfaction Section 3. Upon timely compliance with all conditions set forth in Section 2 above, the Board of Trustees certifies a change in the Zoning Map zoning the property described herein to Town of Firestone PUD-RC (Planned Unit Development/Regional Commercial) and PUD-R-A (Planned Unit Development/Residential-A) Zoning District. Section 4. The Board of Trustees directs that a certified copy of this Ordinance be filed with the Town Clerk and further, that the Town Clerk index, file and make the Ordinance available to the public. Section 5. If the conditions set forth in Section 2 above are not timely fulfilled within 120 days of the approval date, this ordinance shall be void and of no further effect. Section 6. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision will not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 7. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this ol May of February, 2020. TO TOWN OF FIRESTONE, COLORADO TOWN • 10 SEA t N SindvJAr, Mayor ATTEST: co•••........ • �o`' !A ITV Koenig, APPROVED AS TO F a &I Willia yashi, Town Attorney • 2 • EXHIBIT A Legal Description • • LOT 2, DEL REY SUBDIVISION AS PER THE PLAT RECORDED JULY 28, 2006 AT RECEPTION NO. 3406702, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, CONTAINING 11.63 ACRES, MORE OR LESS TOGETHER WITH; LOT 2A, DEL REY SUBDIVISION AS PER THE PLAT RECORDED JULY 28, 2006 AT RECEPTION NO. 3406702, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, CONTAINING 2.36 ACRES, MORE OR LESS TOTAL AREA CONTAINS 13.99 ACRES, MORE OR LESS. 3 0 EXHIBIT B Lots 2 & 2A Del Rey Subdivision PUD Outline Development Plan • • 0 0 0 OUTLINE DEVELOPMENT PLAN DESCRIPTION wwtttmvtAtwtmtTmw wwrvnetwwv�ttwtxTwww�ztaMxtwMew wen v Tle: ntt ►x Taws a ►aRTotR aotrT•r vwwrt nATe v eTtat4oq Mew MIRI W NIY mOwm p IRlCIw! eweMOOATT1wwF11MaTaweM WVWM 2t T1 AWWTwMMw OFTw winnweLrwvwcnownaoumwaYrevr.Aan�ltez vt�nM�eT:wL+L'ezrlutH rrrerwsrworaaavamwsr mw►MTrtzrnwttouetaertttwtrwetrtttwv tto�o � Tta raov wewwtwt TtwIQ wsmt orwar wear. w oewLw t:Twtn T'taa TIIR'600YIHr'nERrTM.401nP�efLut r�e:TaelOQYnallw�Qer�f,A O<Gl®07R791® IORN �el'RwB� AO•rl®V 7wW f1$T;TB� ttna FW." eRALiWQtMw>0I7SF. 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STATE OF COLORADO MONUME ALUM IN MONUMENT BO% f t SHEET 2 OF 2 _ ROAD 20 (60' RIGHT }l-WA NORTH LINE -TAENvgA GF oN 24, TzN—R6Bw-- 589'42'53"E 1.416.42' i 50074'03"W \ 4 / y \` ZIW 5ECTI ON MONUMENT_1247,27• 30' F T-DF-WAY-k6AL1 20 m S99'42'53 E 3o.GG' 589.42 53 E 764. 566 tT `II ; SB9'42'53"E 625.73' 1 w ' '_ EY AREA 4 DEt REY::: I h l I r O 4 RBR W YPC I L=5], LS 26971 f O_4T31'52" o I r /CH=NOS33'C9'W r CL-55.12 N F f f{/'ll / rrr K I ! ``\ \ \\ ` _-� DM(ARR 4)\ I E n i LOT 'AREA 399i222 SF a �� m \\ 3� LOT 1 \\ ``• o I I E1 I m[ F I / f 9.16 AC'R�S r!r r �~ f []. 1 sk ' �tw \ 4 NY STA�c 5 -,G R=24�:00' (- I rr rrr ! #4 6 71 W/YPC J C 1 \��` 1 ¢ \ 210 R-.00' 1 lI 0=20Z7N TI O O SB9'¢2'SbE 1.0 '' FROM CALC. COR. \ "�75.1 D-2C 29'46' S� 1 q-NS 4 - CL=67.19'B'24' ` �I 239.24' 1f CH-S17'24'12-E �154 n O E{ � 1 Ir / I I BARN 1 I 1 1 111 DDDt I E ! 1� NO rc LOT 2 !! i �} �� VICTORIA LSr 971 r AREA\1506,424c 5E I i^ 11.83 ACRE CIR 1,0 2A BARN it AR,�,A 102.619 �I ? 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Lpll1q] Q TRSC 91RW1=S ARC NRK6=W1L alYA ORDINANCE NO.966 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING TITLES 1 AND 2 AND ENACTING CHAPTER 2.05 OF THE FIRESTONE MUNICIPAL CODE REGARDING TOWN ADMINISTRATION, BOARD OF TRUSTEES RULES OF PROCEDURE AND ENACTING A CODE OF CONDUCT WHEREAS, the Town desires to update its Municipal Code in accordance with current standards of municipal governance and the requirements of state law. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 1.04.010, Definitions, of the Firestone Municipal Code is amended by deletion of Section 1.04.010 (F) and (N) in their entirety. Section 2. Section 2.04.060, Quorum — fines for absence or disorderly behavior, of the Firestone Municipal Code is amended to read as follows: At all the meetings of the board of trustees, four of the trustees shall constitute a quorum for the transaction of business. The mayor shall not be counted for purposes of determining a quorum. Section 3. Section 2.04.100, Motions to reconsider, of the Firestone Municipal Code is amended to read as follows: A motion to reconsider a vote shall only be made at the same meeting by a trustee who voted on the prevailing side of the vote though it may be seconded by any trustee. Section 4. Section 2.04.110, Requests for written versions of motions or resolutions, of the Firestone Municipal Code is amended to read as follows: All motions shall be reduced to writing if required by any trustee, and when seconded and stated by the chair or read by the clerk shall be open for consideration. Section 5. Section 2.04.130, Voting requirements — committee appointments, of the Firestone Municipal Code is amended to read as follows: Every trustee present shall be required to vote on all questions, unless a trustee has a personal or financial interest other than the common public interest. A request for recusal must be made prior to the call for a vote. The Mayor shall not be counted for purposes of determining the requisite majority on any matter to be voted on by the Board. All committees shall be appointed by the presiding officer unless otherwise ordered by a majority vote of the Board, and in that • case they shall be appointed by ballot. Section 6. Section 2.04.165, Application. of Certain Administrative Policies and Procedures to Elected and Appointed Officials, of the Firestone Municipal Code is repealed in its entirety. Section 7. Section 2.04.210, Executive Session, of the Firestone Municipal Code is repealed in its entirety and reenacted to read as follows: Executive session of the Board may be held in accordance with C.R.S. Section 24-6-402 (4), as same may be amended from time to time. Section 8. Section 2.04.220, Enforcement of rules of procedure - fine, of the Firestone Municipal Code is repealed in its entirety. Section 9. Chapter 2.05, Code of Conduct, of the Firestone Municipal Code is enacted to read as follows: See. 2.05.010 - Title This chapter, referenced as the "Code of Conduct," is intended to supplement the state constitution and state law and serves as the code of ethics governing the conduct of elected and appointed officials of the Town with respect to conflicts of interest and the performance of their official activities on behalf of the Town and its citizens. 0 See. 2.05.020 - Purpose. A. The Board of Trustees recognizes that the holding of public office is a public trust and that public officials have a fiduciary duty to carry out the responsibilities of their office for the benefit of the Town. The Board of Trustees finds that ethical standards among its members and the members of the various boards, commissions, committees and authorities of the Town are essential to the public affairs of the Town. In pursuit of such goals the Board of Trustees adopts the following rules, regulations, standards and procedures as set forth in this Code of Conduct. B. The purpose of this Code of Conduct is to promote public confidence in the integrity of the Town government and to provide guidance in the event of conflicts of interest to members of the Town Board of Trustees and to the boards, commissions, committees, and other authorities operating on behalf of the Town. This chapter is further intended to foster public trust by defining the parameters of honest government; by ensuring that government decisions and policy be made in proper channels of the government structure; and by prohibiting the use of public office for private gain. C. This Code of Conduct establishes guidelines for standards of conduct by setting forth those acts or actions that are incompatible with the best interests of the Town; by directing disclosure of private, financial, or other substantial interests in matters affecting the Town; and by imposing appropriate sanctions upon elected or appointed officials who violate the provisions of this Code of Conduct. 2 0 Sec. 2.05.030 - Scope of coverage. The provisions of this Code of Conduct shall be applicable to all members of the Board of Trustees and all appointed members of the Town's commissions. Sec. 2.05.040 - Definitions. As used in this chapter, the following terms shall have the following meanings, except where the context clearly requires a different meaning: "Appear on behalf of ' means to act as a witness, advocate, or expert, or otherwise to support the position of another person. "Board" means the board of trustees of the Town of Firestone. "Board member" means a member of the board of trustees of the Town of Firestone. "Board or commission member" means a "board member" and a "commission member" as those terms are defined in this section. "Business" means any corporation, limited liability company, governmental entity, trust, partnership, association, sole proprietorship, firm, venture, or other legal entity carrying on a business, whether or not operated for profit. "Commission" means an appointive advisory board or commission or other appointive body or authority of the Town, including, but not limited to, advisory boards, commissions, committees, and authorities created by the Board and or set forth in the Town Code. "Commission member" means a regular or alternate member of a commission. "Confidential information" means information that is not available to the general public under applicable laws, ordinances, and regulations, and which is obtained by reason of the board or commission member's position with the Town or under circumstances by which a reasonable person could anticipate that such information not be disclosed. Confidential information shall also include matters discussed in executive sessions; however, information otherwise available to the general public does not become "confidential" merely because it was discussed in executive session. "Conflict of interest" means a financial interest or personal interest of the board or commission member or of any relative of such member that interferes with or influences or may interfere with or influence the conduct of the duties or the exercise of the powers of the board or commission member on behalf of the Town. The term "conflict of interest" includes the restrictions set forth in section 2.05.060 of this chapter. "Contract" means an arrangement or agreement, including the bidding or negotiation process therefor, pursuant to which any material, service, or other thing of value is to be furnished to the town for a valuable consideration to be paid by the Town or is to be sold or transferred by the Town, provided the amount involved is more than one hundred dollars ($100.00). The term 91 "contract" shall include any subcontract thereof "Day" means working days. "Financial interest" means a pecuniary, property, or commercial interest or any other interest, the primary significance of which is economic gain or the avoidance of economic loss. A "financial interest" exists with regard to real property which is owned, leased, or used by a board or commission member if it is reasonably foreseeable that an action of the board or commission member will have a special economic effect on the value or use of the real property, distinguishable from its effect on the public. A board or commission member shall be deemed to have a financial interest in a contract if the board or commission member or any relative of the board or commission member is an employee, partner, officer, director, or sales representative of the person with whom such contract is made. However, the term "financial interest" shall not include any matter involving the common public good or necessity. Nor shall the term include any matter in which a similar benefit is conferred to all persons or property similarly situated. Provided further, ownership individually or in a fiduciary capacity of any securities or of any beneficial interest in securities of a business shall not be deemed to create an "financial interest" in the business unless the aggregate amount of such securities, or interest in such securities, amounts to five percent (5%) or more of any class of the securities of the business entity then outstanding or constitutes controlling interest in the business entity. "Official act or action" means any legislative, administrative, appointive, or quasi-judicial act, including inaction, of any board or commission member or of the Town board or of any commission of the Town. "Pending" means those matters before the Town for an official act or action. Such matters shall not be considered "before the Town" if no application or request for such official act or action has been filed with or received by the Town. "Person" means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, limited liability company, partnership, association, or other legal entity. "Personal interest" shall mean a direct or indirect interest, not shared by the general public, having value peculiar to a particular board or commission member, whether or not the value is related to monetary, financial, commercial, or property matters, which value may accrue to such board or commission member or result in such board or commission member's deriving or potentially deriving a personal benefit as a result of the approval or denial of any ordinance, resolution, order, or other official action, or the performance or nonperformance thereof, by the town. Personal interest does not include any matter in which a similar benefit is conferred to all persons or property similarly situated to that of the board or commission member. "Relative" means a board or commission member's spouse, domestic partner, child, parent, brother, sister, any dependent, or any person assuming a relationship being the substantial equivalent of those listed herein. "Domestic partner" shall mean an unmarried adult, unrelated by blood, with whom an unmarried board or commission member has an exclusive, committed relationship, maintains a mutual residence, and shares basic living expenses. 4 "Town" means the town of firestone, Colorado, a Colorado municipal corporation. "Transaction" means any contract, any sale or lease of an interest in land, material, supplies or services, or any granting of a development right, license, permit or application. Sec. 2.05.050 - General requirements. A. Duty. All board and commission members have a duty to use their public positions to contribute to the public good. This chapter shall not preclude such persons from acting in any manner consistent with their official duties or from providing assistance or public services to anyone who is entitled to them. All board and commission members, however, also have a fiduciary duty to refrain from using their positions in any manner for personal or private gain or which is detrimental to the public good. Board and commission members must be mindful that the appearance of impropriety can be as corrosive of public confidence as an actual impropriety and must strive to avoid situations that may create an appearance of impropriety. B. State requirements. All board and commission members shall comply with all applicable provisions of Article XXIX of the Colorado Constitution (Ethics in Government) and the Colorado Revised Statutes regarding ethical conduct, including but not limited to Sections 24- 18-101 et seq., C.R.S. (Standards of Conduct), Sections 24-18.5-101 et seq., C.R.S. (Independent Ethics Commission), and Section 31-4-404, C.R.S. (Disclosure of Conflict), notwithstanding the requirements of this chapter. 0 Sec. 2.05.060 - Rules of conduct for board and commission members. A. Confidential information. 1. No board or commission member may disclose to third parties any confidential information unless authorized to do so by a two-thirds vote of the applicable board or commission members in office, except as required by law. 2. No board or commission member may waive any confidence or privilege of the board or of any commission unless authorized to do so by a two-thirds vote of the applicable board or commission members in office, except as required by law. Whether or not it shall involve disclosure, no board or commission member shall use or permit the use of any confidential information to advance the personal or financial interest of himself or herself or any other person, unless such information is available to the public at large. B. Gifts of substantial value. No board or commission member may solicit or receive any compensation, gift, payment of expense, reward, gratuity, loan, reduced interest rate, or any item of value of sixty-five dollars ($65.00) or more tendered by a person who has an interest in any matter pending before the Town which, in the judgment of a reasonably prudent person, would tend to impair the board or commission member's independence or impartiality of judgment in the performance of the board or commission member's official duties with regard to any such pending matter. This restriction also applies to any such items of value given after the pending matter is concluded if it reasonably appears that the giving of the item of value is related to the 67 recipient's participation in the pending matter. Matters pending before the Town include, but are not limited to, inspections, the processing of permits or licenses, and other administrative approvals. The following shall not be prohibited under this subsection: Campaign contributions to a candidate, candidate committee, political committee, and/or issue committee if reported as required by law. 2. An occasional nonpecuniary gift, having fair market value of or aggregate actual cost of sixty-five dollars ($65.00) or less in value in any calendar year; 3. A nonpecuniary award publicly presented in recognition of public service. 4. Payment of or reimbursement for actual and necessary expenditures for travel, subsistence, and admission for attendance at conventions, conferences, seminars, training sessions, luncheon and dinner meetings, or other meetings in connection with Town business. 5. Acceptance of food and refreshment at conventions, conferences, seminars, training sessions, luncheon and dinner meetings, special occasions, and other meetings in connection with Town business. 6. Payment for speeches, debates or other public events, reported as honorariums. 7. Reimbursement for or acceptance of an opportunity to participate in a social function or meeting which is offered to a board or commission member, which is not extraordinary when viewed in light of the position held by such board or commission member. 8. Payment of salary from employment, including other government employment, in addition to any that may be earned from being a board or commission member. 9. Items available for free to the general public at trade conventions, conferences, or other public exhibitions, and items offered at a discount, generally, to board or commission members or employees of governments. C. Conflict of interest. No board or commission member may participate in any discussion of, take any official action on, or vote to render any final decision or determination on any matter in relation to which the board or commission member has a conflict of interest, except as provided in section 2.05.070 of this chapter. D. Appearances before boards and commissions. No board or commission member may appear on behalf of a private party before a Town board or commission, unless otherwise permitted by the Town Code, except that any board or commission member may appear before a Town board or any commission to address that board or commission member's own personal interest. Nothing in this subsection shall preclude a board or commission member in the same manner and under the same circumstances as any other person from appearing before the a board or commission on an application of the board or commission member for a permit, license or other approval of the board or commission required by law. no E. Civil litigation. No board or commission member may appear on behalf of or represent any private interests, other than the board or commission member's own interest, against the interests of the Town in any civil litigation to which the Town is or may become a party, unless the consent of the board is first obtained, except that any board or commission member may testify under oath if subpoenaed. F. Service on other governmental entities or associations. Except as explicitly disclosed through a conflict -of -interest disclosure as to type of position, compensation, and role, no board or commission member may serve on any board or commission of a governmental entity that is located in the Town or receives funds from or provides funds to the Town. G. Personal benefit. No board or commission member may use any Town property, equipment, or employee services for personal or private purposes, gain, or advantage except in the same manner and under the same circumstances as any other person who is not a board or commission member of the Town. H. Special consideration. No board or commission member may request or grant to any person any special consideration, treatment, or advantage beyond that which is available to every other person in similar circumstances or need. 1. Voting on matters involving own conduct. No board member or commission member may take any official action on or vote on any question concerning the member's own conduct. J. Other conduct. It shall be a violation of this Code of Conduct for any board or commission member to engage in other conduct which threatens the public confidence in the integrity of government, including but not limited to illegal conduct, conduct which puts self- interest before public interest, willful or persistent failure to perform his or her duties, engaging in any form of harassment or unlawful discrimination, or any other conduct involving dereliction of duties. 2.05.070 - Conflict of interest —Disclosure. A. In the event that board or commission member has a conflict of interest in any matter proposed or pending before the board or commission of which he or she is a member, the member shall declare such conflict of interest in a public meeting to the board or commission. In the event that any board or commission member is aware that he or she could reasonably be perceived as having such a conflict of interest but is unsure of, or does not believe in, the existence of such a conflict, the member shall nevertheless disclose the possibility of such conflict of interest to the board or commission. B. When it appears to the board or commission that a member thereof may have a conflict of interest which has not been disclosed, a majority of the remaining members of the board or commission may determine whether the member has a conflict of interest, and the decision of the remaining members shall be final. The member may participate in the discussion regarding whether the member has a conflict of interest, but the member shall not vote on such matter. In deciding whether or not a board or commission member has a conflict of interest, consideration should be given to the following: 7 1. Whether the potential conflict of interest would impede independence of 0 judgment; 2. The effect of the member's participation on public confidence in the integrity of the governing body and Town government; 3. Whether the member's participation is likely to have any significant effect on the ultimate disposition of the matter; 4. The member's fiduciary obligations to the Town; and 5. The purposes of this Code of Conduct. C. A board or commission member with a conflict of interest shall not take any official action on or vote on or be present during or try to influence the vote or participate in consideration of the matter in relation to which a conflict of interest is disclosed or established. No vote shall be recorded for a board or commission member who refrains from voting due to a conflict of interest. D. A board or commission member who has a conflict of interest may vote notwithstanding the requirements and restrictions of this section if his or her participation is necessary to obtain a quorum or otherwise enable the board or commission to act and if he or she complies with the disclosure procedures under subsection A or B of this section. Sec. 2.05.080 — Quasi -judicial decisions. A. Each board and commission member shall be and remain impartial when making any quasi-judicial decision. Any board or commission member who cannot be impartial in making a quasi-judicial decision shalt follow the procedure described in subsection 2.05.070(C) of this chapter. B. No board or commission member shall receive nor shall any employee or member of the public provide to any board or commission member any substantive oral or written information, except for legal advice, regarding a matter which is pending before the board or commission on which the member sits, and which is the subject of a quasi-judicial hearing before the board or commission, outside of the quasi-judicial hearing process. The term "quasi-judicial hearing process" includes, but is not limited to, preparations necessary for such hearing such as written staff reports, scheduling, agendas, proposed resolutions and ordinances, posting or publishing notice, and legal advice. The Town attorney shall provide affected board or commission members advice on what constitutes a quasi-judicial decision. C. In the event a board or commission member shall inadvertently or unintentionally receive any substantive oral or written information outside of the quasi-judicial hearing process, as prohibited in this section, the board or commission member shall fully and completely disclose such substantive oral or written information received at the start of the quasi-judicial public hearing process. By making such full and complete disclosure, the board or commission member shall be deemed to be in compliance with the requirements of this section. Failure to make such full and complete disclosure shall be a violation of this section. Sec. 2.05.100 - Voting required. Except as provided in the Town Code, state law, or this chapter, each board and commission member who is present at a meeting shall vote on all issues presented for a vote. Any board or commission member who refuses to vote, except when required to refrain from voting, shall be deemed in violation of this chapter, and an affirmative vote shall be cast and recorded in the board or commission member's name. Sec. 2.05.110 - Advisory opinions. A. Any board or commission member may request from the Town attorney an advisory opinion whenever a question arises as to the applicability of this chapter to a particular situation. B. Should the Town attorney at any time determine that he or she has a conflict of interest in carrying out the duties of this section; the Town attorney shall request that the Town board appoint special counsel to undertake such duties. Special counsel must be engaged by a majority vote of the board and his or her reasonable fees and expenses shall be paid by the Town. Sec. 2.05.120 - Enforcement. A. Board to enforce. The board shall have the responsibility for the enforcement of this chapter as to board and commission members. It shall have the power to investigate any complaint, to initiate any civil action on behalf of the Town where it believes such action is appropriate. If the accused is a board member, the procedures in subsection 2.05.070(C) shall apply, except that the accused board member may participate as a party in a hearing on a complaint under this section. B. Verified complaint. Any person who believes that a board or commission member has violated any of the provisions of this chapter and wishes to initiate proceedings on such alleged violation shall file a written complaint with the Town clerk, who shall forthwith forward the complaint to the board. The Town clerk shall within ten (10) days of a receipt of a complaint cause to be personally served a copy of the complaint to the board of commission member who is the subject of the complaint. The complaint must state in detail the facts of the alleged violation, must specify the provisions of this chapter alleged to have been violated, and must contain a sworn or verified statement signed by the complainant and stating under penalty of perjury that the information in the complaint is true and accurate, and that the complaint is filed in good faith and not out of malice or any other improper motive or purpose. Any complaint that does not contain such a signed statement shall be returned forthwith to the complainant without action. C. If the board determines that the verified complaint does not allege facts sufficient to constitute a violation of this chapter, it shall dismiss the complaint and notify the complainant and the accused. D. Investigation. Following the receipt of a complaint or upon the receipt of other information, whether or not under oath, that provides a reasonable basis to believe that a 9 violation of this chapter has been committed or that an investigation of a possible violation is warranted, the board may cause an investigation to be made of the circumstances concerning the possible violation.. An ethics investigation shall be conducted by a special investigator, who shall be a qualified disinterested party recommended by the Town attorney, and who shall be engaged by a majority vote of the board. The reasonable fees and expenses of the special investigator shall be paid by the Town. Before invoking its investigatory powers, the board shall approve a motion which shall state the nature and purpose of the investigation, the actions or activities to be investigated and the persons who are the subject of the investigation. The board shall, within five (5) days, serve a copy of the motion on the accused together with a notice informing the person that he or she is the subject of the investigation and a general statement of the applicable provisions whose violation are being investigated. E. Special investigator. The special investigator may interview witnesses and request documents that may be relevant to the investigation. Before completing the investigation, the special investigator shall provide the board or commission member against whom the complaint is made an opportunity to provide information concerning the complaint. Such information must be provided in writing. Upon completion of the investigation, the special investigator shall provide a written investigation report to the board stating whether there is probable cause to believe the violation(s) alleged in the complaint occurred, whether the investigation revealed that there is probable cause to believe that different or additional violations of this chapter occurred, or recommending dismissal of the complaint, and the basis for the special investigator's conclusions. A copy of the investigation report shall be provided to the board and served on the 0 accused. F. Dismissal or hearing. Upon completion of the investigation, the board shall review the investigation report and dismiss the complaint if it determines there was no violation of this chapter. If the board determines, based on the investigation report, that there is probable cause that a violation occurred, it shall by motion set a hearing date, time and place... The investigative report and notice of the hearing shall be served on the accused not less than thirty (30) days prior to the hearing. G. Hearing. The mayor or mayor pro tern shall preside over the hearing on the complaint and shall determine all procedural issues with the assistance of the Town attorney. The special investigator shall present the case against the accused. The accused may be represented pro se or by any person of the accused's choice. The hearing shall be conducted so as to provide fundamental fairness, although strict rules of procedure and evidence need not be followed. All witnesses shall be subject to cross-examination. Documentary evidence that can be reasonably authenticated shall be admitted for consideration. A violation of this chapter shall be proven by a preponderance of the evidence as determined by two-thirds of all the voting members of the board. Upon finding that the accused violated this chapter, the board may continue the hearing to discuss and, in its discretion, to receive additional evidence regarding the appropriate penalty. H. Findings. At the conclusion of the hearing regarding the alleged violation, the board shall dismiss the charges or find that the accused violated this chapter. The board shall serve on the accused a written findings and order within thirty (30) days after conclusion of the hearing. • I. Sanctions. Upon finding that a board or commission member has violated this chapter, p g the board may impose an oral or written reprimand, a public censure, non -financial restorative 10 justice measures, or other sanctions as the board deems just and appropriate depending on the seriousness of the violation and any mitigating circumstances. The board may also remove any person other than a board member from such person's appointed position, and may remove a board member from any committees, boards, or other special or ex officio appointments. J. Service. Service of any notice or other document pursuant to this section or this chapter is complete upon mailing certified mail to the person's last known address, or upon personal service. K. Reimbursement of attorney fees. If the final outcome of any complaint filed pursuant to this section is dismissal or in the event the board or commission member against whom a complaint is filed is found by the board not to be in violation of the provisions of this chapter, then, in that event, the board or commission member may request and the Town may reimburse the board or commission member for any attorney fees actually expended by the board or commission member in his or her defense of the complaint, up to the amount of two thousand dollars ($2,000.00). The board or commission member seeking such reimbursement of attorney fees as provided for herein shall file a complete and detailed request for reimbursement with the board showing amounts expended and specific legal services received and the board shall then review the request and determine its appropriateness hereunder. In the event the board has determined by resolution to reimburse such fees, the town shall reimburse such fees within sixty (60) days of receipt of the request for reimbursement. . Sec. 2.05.130 - Compliance with other laws. The requirements of this chapter shall be in addition to the applicable requirements of the Town Code, the Colorado Constitution, and the laws of the state. To the extent any conflict exists between the requirements of this chapter and the requirements of the Town Code or the Colorado Constitution or the laws of the state, the more restrictive provision shall apply. Section 10. Section 2.08.010 (A), Officers, appointment, term, of the Firestone Municipal Code is amended to provide as follows: A. The Board of Trustees, shall appoint a Town Attorney, a Town Treasurer, a Town Clerk and a Town Marshall, and such other officers as from time -to -time shall be necessary for the proper government and control of the Town, and the appointees shall hold their respective offices until their successors are appointed and qualified unless sooner removed according to laws as hereinafter provided. Section 11. Section 2,08.050, Removal of officers — causes — notice, of the Firestone Municipal Code is repealed in its entirety. Section 12. Section 2.08.060, Misconduct or malfeasance, of the Firestone Municipal Code is amended to read as follows: If any of the officers named in this chapter shall be charged with misconduct or malfeasance in office, the Mayor shall, upon the written request of not less than four members of the Board of Trustees, suspend such officer until final disposition of the matter. 11 Section 13. Section 2,14.020, Fair housing information officer, of the Firestone Municipal Code is repealed in its entirety. Section 14. Section 2.14.010, Duties and responsibilities, of the Firestone Municipal Code is amended to read as follows: 2.14.010 - Duties and responsibilities. The Town Clerk shall: A. Cause the ordinances of the Town to be published following adoption, which publication shall be by title only rather than by publishing in full, and which publication shall include a statement that the complete text of the ordinance is available at Town Hail and on the Town's official website; provided, however, that the inadvertent failure to include such statement as well as any unavailability of the ordinance on the Town's official website shall not be deemed to invalidate the ordinance; B. Superintend their publication, recording and placement in the permanent records of the Town, along with resolutions; C. Receive and file papers to be filed among the Town records; D. Handle local elections and exercise the powers vested in the Town Clerk by state law respecting the conduct of elections; E. Administer oaths of office and make out and deliver to each person elected or appointed to any office in the Town a certificate of such election or appointment; F. Furnish to the Town Attorney any record of documents in the Town Clerk's office that the Town Attorney may request to be used in any court and take receipts therefor. The Town Clerk shall also furnish any necessary, duly certified transcripts of the Town; G. Serve as custodian of public records and perform the functions thereof as provided by state law and Town laws and policies; H. Attend all meetings of the Board of Trustees and make a fair and accurate record of all the proceedings, rules and ordinances made and passed by the Board of Trustees; 1. Keep the Town seal and affix it to all instruments and papers which, by ordinance or other applicable law, are required to be attested to by the Town seal; J. Have the custody of and safely keep, per applicable retention schedules, records; documents; ordinances; resolutions and orders of the Board of Trustees; and such other papers, documents, books and other property as may be delivered into the Town Clerk's custody; K. Sign those permits and licenses that are required to be issued or attested by the Town Clerk, in accordance with the provisions of the ordinances concerning the same; L. Serve as and exercise the powers of secretary to the Local Licensing Authority, in accordance with the provisions of the ordinances and laws concerning the same; M. Report at the regular meeting of the Board of Trustees the transactions of the Town Clerk's office; and 12 . N. Perform such other duties as may be required of the Town Clerk by state or federal laws; Town ordinances, resolutions, and policies; and the job description applicable to this office. Section 15. Section 2.14.030, Pro tem, of the Firestone Municipal Code is repealed in its entirety. Section 16. Section 2.16.010, Duties — Payment process, of the Firestone Municipal Code is amended to read as follows: 2.16.010 - Duties —Payment process. The Town Treasurer, prior to service, shall take an oath of office and is expressly prohibited from using, directly or indirectly, the Town money in the Town Treasurer's custody or keeping the same for personal use or benefit or that of any other person or persons. Any violation of this provision shall be grounds for immediate removal from office by the Board of Trustees, which is authorized to declare the office vacant; in which case, a successor shall be appointed who shall hold office for the remainder of the time unexpired of such officer so removed. Section 17. Section 2.20.010, Duties, of the Firestone Municipal Code is amended to read in its entirety as follows: 2.20.010 - Duties. A. The Town Marshal shall be the principal ministerial officer of the Town and shall have the same power that constables, sheriffs, police officers or other law enforcement officials have by law, co -extensive within the County in the cases of violation of the Town ordinances, and for offenses committed within the corporate limits of the Town. Section 18. Section 2.20.020, Pound master, of the Firestone Municipal Code is repealed in its entirety. Section 19. Section 2.28, Health Commissioner, of the Firestone Municipal Code is repealed in its entirety. Section 20. Section 2.32, Town Engineer, of the Firestone Municipal Code is repealed in its entirety. Section 21. Section 2.36, Commissioner of Streets, of the Firestone Municipal Code is repealed in its entirety. Section 22. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof . irrespective of the fact that any one part or parts be declared unconstitutional or invalid. 13 Section 23. Violations of this ordinance shall be punishable in accordance with Section 1.16.010 of the Municipal Code of the Town of Firestone, Colorado. Section 24. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this %lay of .3 , 2020. TOWN OF FIRESTONE, COLORADO ow o�� , l 0 o i Sind ar Mayor mi SEA t ° ATTEST: � c�UNTY, .Goy g, Town APPROVED illiam P. Hayashi, Town Attorney • 14 iORDINANCE NO.965 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ZONING CERTAIN REAL PROPERTY FULLY DESCRIBED HEREIN, KNOWN AS THE CARBON VALLEY PIT ANNEXATION, TO PUD-EC (PLANNED UNIT DEVELOPMENT - EMPLOYMENT CENTER), AND APPROVING THE CARBON VALLEY PIT OUTLINE DEVELOPMENT PLAN WHEREAS, the Board of Trustees of the Town of Firestone, Colorado finds that a proper application for zoning certain land fully described and depicted on Exhibit A has been submitted by the applicant to the Town; and WHEREAS, the Subject Property was recently annexed to the Town by ordinance, and was previously zoned "A -Agriculture" under Weld County zoning regulations; and WHEREAS, the Planning and Zoning Commission of the Town of Firestone, after a public hearing held on January 9, 2020 and careful consideration of all relevant facts, has recommended approval of the requested zoning and the proposed Carbon Valley Pit Outline Development Plan to the Board of Trustees, subject to the Board of Trustees approving the annexation and approval of; and . WHEREAS, the Board of Trustees, after providing notice as provided by law, has held a public hearing concerning the zoning request; and WHEREAS, the proposed initial zoning of the property is Planned Unit Development zoning classification with Employment Center (EC) land uses, and there has been prepared an Outline Development Plan in connection with the proposed zoning; and WHEREAS, the Planned Unit Development zoning classification is consistent with the Town's plan for the area encompassed by the Annexation; and WHEREAS, no protests were received by the Town pursuant to C.R.S. § 31-23-305; and WHEREAS, after reviewing the record of the Firestone Planning and Zoning Commission public hearing and the recommendation of the Firestone Planning and Zoning Commission following such hearing, and after considering the testimony, evidence and argument presented at the Board of Trustees public hearing, the Board of Trustees finds and determines that the proposed zoning request and Outline Development Plan meets the applicable requirements and standards set forth in the Firestone Municipal Code and Firestone Development Regulations, and further finds that it is in the public interest and reasonably necessary to zone the subject property to Town of Firestone PUD-EC (Planned Unit Development -Employment Center). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The land described and depicted on Exhibit A, and known as the Carbon Valley Pit Annexation, shall be zoned PUD-EC (Planned Unit Development -Employment Center) Zoning District. Section 2. The Carbon Valley Pit Official Development Plan, attached hereto as Exhibit B, is hereby approved. Section 3. The Board of Trustees certifies a change in the Zoning Map zoning the property described herein to Town of Firestone PUD-EC (Planned Unit Development -Employment Center). Section 4. The Board of Trustees directs that a certified copy of this Ordinance be filed with the Town Clerk and further, that the Town Clerk index, file and make the Ordinance available to the public. Section 5. This zoning ordinance shall be effective on the sixtieth (601`) day following the date of final approval by the Board of Trustees of the Carbon Valley Pit Annexation, Ordinance No. 964, Section 6. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 7. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of January, 2020. ATTEST: i K TOWN OF FIRESTONE, COLORADO :.bi Sirwar, 0 APPROVED AS TO FORM: i iam P. Hayashi, Town Attorney • • EXHIBIT A LEGAL DESCRIPTION Part of Lot B of Recorded Exemption No. 1311-6-2 RECX13-0023, a recorded exemption located in the NW1/4 of Section 6, T2N, R67W of the 6th P.M., County of Weld, State of Colorado, according to the plat recorded June 19, 2013, as Reception No. 3941557 of the records of Weld County, Colorado, described as follows: COMMENCING at the N1/4 Corner of said Section 6, from which the Northwest Corner of said Section 6 bears N89030'04"W, 2503.05 feet (Basis of Bearing), thence N8903010411W, 45.28 feet along the North Line of the NW1/4 of said Section 6 to the Northeast Corner of said Lot B; Thence S00°57'11"W, 36.80 feet along the Easterly Line of said Lot B to the Southerly Line of Weld County Road 26 Annexation No. 4, an annexation to the Town of Firestone recorded May 28, 2010, as Reception No. 3696276 of the records of Weld County, Colorado, and the POINT OF BEGINNING; The following courses and distances are along the Easterly, Southerly, and Westerly Lines of said Lot B: Thence continuing S00057'11"W, 301.12 feet; Thence S15o 13'26"W, 130.94 feet; Thence S02°09'26"E, 523.68 feet; Thence S01°12'22"W, 254.00 feet; Thence S06°48'02"W, 96.36 feet; Thence S00°44'11"W, 421.85 feet; Thence S37025'26"W, 25.30 feet; Thence S41°47'35"W, 46.72 feet to a point of curve to the left; Thence Southwesterly, 78.07 feet along the arc of said curve to a point tangent, said arc having a radius of 180.00 feet, a central angle of 24°51'05", and being subtended by a chord that bears S29022103"W, 77.46 feet; Thence S16°56'30"W, 20.61 feet to a point of curve to the right; • Thence Southwesterly, 64.08 feet along the arc of said curve to a 4 • point of reverse curve to the left, said arc having a radius of 140.00 feet, a central angle of 26°13'33", and being subtended by a chord that bears S30003'17"W, 63.52 feet; Thence Southwesterly, 132.94 feet along the arc of said curve to a point tangent, said arc having a radius of 450.00 feet, a central angle of 16°55'35", and being subtended by a chord that bears S34042117"W, 132.46 feet; Thence S26014'29"W, 104.30 feet; Thence S31°08'54"W, 54.44 feet; Thence S35°51'35"W, 90.54 feet to a point of curve to the right; Thence Southwesterly, 139.50 feet along the arc of said curve to a point tangent, said arc having a radius of 150.00 feet, a central angle of 53°17'06", and being subtended by a chord that bears S62030'08"W, 134.53 feet; Thence S89°08'41"W, 143.86 feet; Thence S82°57'23"W, 116.61 feet; Thence S79°42'23"W, 35.80 feet to a point of curve to the right; Thence Westerly, 61.55 feet along the arc of said curve to a point tangent, said arc having a radius of 175.00 feet, a central angle of 20°09'02", and being subtended by a chord that bears S89046'54"W, 61.23.feet; Thence N80°08'35"W, 60.13 feet to a point of curve to the left; Thence Westerly, 223.88 feet along the arc of said curve to a point of reverse curve to the right, said arc having a radius of 1180.00 feet, a central angle of 10°52'14", and being subtended by a chord that bears N85°34'42"W, 223.54 feet; Thence Westerly, 71.96 feet along the arc of said curve to a point tangent, said arc having a radius of 250.00 feet, a central angle of 16°29'31", and being subtended by a chord that bears N8204610311W, 71.71 feet; Thence N74031'17"W, 30.86 feet to the Westerly Line of said Lot B, also being the Easterly Line of Brooks Farm First and Second Additions, an annexation to the Town of Firestone recorded June 5 • 15, 2001, as Reception No. 2857771 of the records of Weld County, Colorado; • Thence N00°56'45"E, 2296.06 feet along the Westerly Line of said Lot B and along the Easterly Line of said Brooks Farm First and Second Additions to the Southerly Line of said Weld County Road 26 Annexation No. 4; Thence leaving the Westerly Line of said Lot B, S89°20133"E, 1187.43 feet along the Southerly Line of said Weld County Road 26 Annexation No. 4 to the POINT OF BEGINNING. Area = 60.028 acres, more or less. 2 LEGAL DESCRIYRON A PART OF LOT C Oi RFOOPOFD d W rnpx x0. NI Fbx R[CR13a011. A RECORDED m W PT10N LOGTED IN SHE Nwl/� a SECTIpx 6. rlx, F6rA OF Tx[6TN r.eA�C[NFxry pEa �TTA7E pF mlpxApp, AcmxWuc TO Tx[P[AT xF[Oxpmfux[19. >OI I, As xFz[TRpx CO=)f (D[u[Yx aF SNp SECTION 6, :WOLFTIIeSxORnF.�f.3E WFx¢ OF sNp s[CFlOx 6 eul6 x19'3RBfw, eI 1.., DB RuaNe3. THWCE NRrTaroAw. ls.1R FEc[ AIONG THE NDRTH NNT of 11-11 of 9AID S ON 6 ID THE eRweSy ".E. IF 5N0 LOT A; ENLE SOtlS TZ--`-FE£T ALpFIL THE "'T"' I—' ". — R TO THE SODORULY DNE OF— LOONTY ROAD 16 AN—ATIOx NO, f, Ax AxxEf Ml TO THE TORN Of FRfSTONf RECORpfp NAY Sd. 2010, AS RECERfgx N0. 15R61}B OF Txf RLCOaOS pF S9[l0 Cppx[Y. (am RA W. ANO-E --OF 1ELIx 'NC: THENCE 50109'1F'L 91 - F THENCE SODTIMESTERIY. ]d.0} fF1T nLOxG THE nRC Of SAfO CURVE TO h POINT TANLWT. SND AR[ NANNGA RAdpS OF 180A0 F¢T, A CvnxA[ AxLIE OF S� slbs'. Axo epxL SulTwpm rvA LIIORD TnAT eEAx5519'21ti1W. nA6 F¢T, FEET ALouc TxE ARc aE sF.io alavE ro A rover BE eertasE CHR VE TD THE LEn, suD Aec HANN6 A 'ZI SO OF 111- FEET. A[DExf1AL AN —OF If I"". All I— SHrtEF = RYA [No11nfAT Fuel S-031 Tw. 63.11 TEET', THENCESOlIf1R TERLY. 13—FEETALONLTHEARCOF DNRWTOA-NTTANLEN, SAIDAR[1NNNLA-1OFASDAO FEET, ACENT mGiE Of 16'SS'15'. AN 0 BDNC S B NDED W A CHORD THAT REARS S3-3',] .I32,fC RET; THENCESBI'PB'— 111AFEET; TNLNCE S35'S 1'351v. FAST FEET TO A --OF C,—TO THE RILHr', CENTRAL nN[Sf OF 1BYI9 01 , ANO BMIE Su CENTRAL AN=OF IF'1 FAT-. All FONE 5HFT£NI11 RY A CHORD THAT FEARS NR}'Nemw. TL]I FEET. THENCE N11'31'I TV. 30.16 — TO THE N9TF 1 LINE OT-I LIT 1. A¢O l— THE EABTRL LN£ Of BROOKS FARM FlRST ANE 5ECOND ADIXIIONS. AN ANNE-- TO THE TOSNN Of rIRESTONE RECORDED NNE 15. 2NI. A5 RECEPTION NO. 2857771 OF THE R[t00.05 OF v]ESO [OLNh. tOLOG00, R"LNNB',6A5^xx96.p6F[TA5�x6TN5w[xT[RLYUWE01wp I RAxpAmx6TN[EA6[eLYII—FsRp1-5FARM TH[N[E -NC THE F-TERLY WNE OF SAII LOT e, FE9T I'E. I IF>.15 FEET ALONO THE SOIFm[e Lv HNE OF SNO A'ElO DODNTY RDAII6AA'NE%ATON No.A To THEfO1Nr OF NEc AREA-FA.028 ACRf5, MORE OR [E55. ' TOWN OF FlRUTONE NnYOR A TOF[pLDRAm 59 TINN OF FIR—E. COLOR— COOxn Of wpO . . —Es, HY HAND ANO OFFlOAL SEAL N.-.Y —c OUTLINE DEVELOPMENT PLAN CARBON VALLEY PIT TOWN OF FIRESTONE COUNTY OF WELD STATE OF OOLORADO SHEET 1 OF 3 Y 1%,11n11 1 1 IYIP1r ' APPROX. SCALE: I II=1,000' APPRDVAL BLDEKS AFwpV£O M THE TOwx ROANp OF T.—OF rNE TONu OF FlR[STauF,£IX ---1 Y 2f_BY OROWAN[E NOS tl ACCEPTANCE RLOCK AND NOTARY EY SIGNING— I.'. Tx[ &—. ACFNONLEOGES FAO A� —IF THE R1L1e514ENT5 AxD 1—SCE 10— HFABH [TxN[P fxhlOR. Tdxx OF FlR¢Touq STATE OF [OlOanpp ; 55 CODNTY Of 59E10, R THE R ECOIxG INSTRIpFENrA[[ud9LEDC(O BEFORE NE THIS WY OF Y o= ry by J2ow u c�oz Ho NNrN¢9 NY NAND A- oF*Inu 1— Z c w pp Z aJn NmARv gNOC My [OMu15NOu ugvEs � � O $ z g W d z d w uj J Ch. Lu 0 2 INDEX TO PLANS a LL, °C aZ W W> SHEET TITLE _ SHEET NUMBER z cc 0 O £I 19x[ T W V p Q z NDT6 2 aIm NAR swf£T 1 � C) ' APPLiCANT/[1�4/mFTIF1 OPFR FNFSINCFR �R� NAME TDRH OF FllEk 1011E NAME- CDIDRADO CML ORd1P. WC KNEE: tlW.IRTi mNucr:.. F PAf.B Aa w TAx n DAVE uNOHA., P.E. DENTALT. FR N. WEIm_ PLs - ADORES 151 LF- AR LE ADDRES49504116fi16AV M E ADEWES41500 KFu15n5 AVENuE, an1E -E P.O. BOx Im. LO/El.lV1I. C(RARADD EMJG IBNpIDN , CO.BR100 B0.'.OI ' FiPEElTd1E. OOLORADO R0500 PHONE. (BTO) 2}d-OOF113 x 106 PNDNC (SST) M-1131 PHOr1G o" 6l1� E-MML QYHbRF6BTTpYICB1 E-MML• fhrxtlORNlfx1A01 E-YNL- pwRVWM1RR1pnlla.gw CARBON VALLEY PIT o66B.0000,03_RESFRVOiR COVER SHEET DEMENTPLAN o.� 0668.p000.0] snNE_ WA PREPARATION EIATF. M�}5I93 SHEET 1 OF 3 OUTLINE DEVELOPMENT PLAN CARBON VALLEY PIT TOWN OF FIRESTONE COUNTY OF WELD STATE OF COLORADO SHEET.2 OF 3 PROIEC CONCEPT DEVELOPMENT SCHEDULE - - - xT NxEI" IHI INTOfvFl A,wFwm-ft N TII fSTARIIGH THITII.—nF w[ENLDMI IIPMFA'T OFTFrvTr IGANTffIPAT m—m IN ]Hill THE GREOH VAILEY NT mOPERTY. AmE,P O RV -E— OF NVESTpx[ IN TALL O[ -R. THE OlfR1Nf - PPhLDPLmVT PLAN PeOFDSEs ONE P.ANxwc Avu wm+w THE PuxxTn IwN DEVEIOPM&fT-vA-E TOM PIIIIPSTAnOxS, uv. I ARM NIIIT161,D OTufR BY THE - - PART OEVELAPMENT WAFPERTY Y fi- CO BROOKSHFUT-01 TO axNAAUN�RDE.n,EDEEwoTT IN NZE AxDNRDUNDrvvRaoRs TARN HRsrsueolNvpNrD THE R°sT.ND PAR%DfvNOPN[NT RE A PART OF THE URON VALLEY AT PROPERTY DEVELOPMENT. 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STANDARpS POR TNExD _ uuMCIPAL LAN—uTeLORTSHAURE AS5R1]HEN 1— CUP ANGIN THENRESTONEE—PHENT OF m,q SppylY IaeyF•�Ty mA5 R FLDIANDxF AS xuT f[ANWpED fRON TWETO TIRE ' Ss2 n' aIaYF T.T E SSKp;rb ZZ J„ W d Q Z W � J d Ln LL j Q W W p Z W Z OO Q ad W Q Q Z H J H O tBON VALLEY PIT NOTES DRL PMFNT N. uR OCTONR x014 SHEET 2 OF 3 • OUTLINE DEVELOPMENT PLAN CARBON VALLEY PIT TOWN OF FIRESTONE COUNTY OF WELD STATE OF COLORADO SHEET 3 OF 3 Afl. SEC. 8 777 } 3 � '. ° - c i pOR. gr- 9' ur wm.n 1WYc�R1RK-TonsirK �'k f'r f" - - - F- a siFb nPE w/2-i uul=L ao 1s cos mis a+ uoxuY¢nT IW% - V',., UNPLATTCD^ •=4 -� - - s .a uw. caeca ws nssY foot y, rio mf.WTr v - UNFLA TTED o �. w�wm'nis 3OETmr a T WX fi W'm'E 1675'. m sTpar w�TE>z EASEYFNf 1"' i - -Z, _ _ - y- - g+c""• _- .-£"'.+., - �.,•, a -; ^ r Gam' ... o :.a""'e . . x .. Fill IMMUNE I UNPLATTEL7 a ffff 60.028 ACRES r" o 1 i J r O EI- a R���. ll 1 V,1. 1 „R�''�{pW1m 9T TOMN W RREaIONE MO ! I r „= r ec vua NW CO2 SEC. 8 T2N, R67W, sTH P.M REOORU aESpSPilp1: 10 REBM w/ !-f /Z' M C.w wpm,'A 'paEpA 199Y W MOMIIYFNT BOc t\17, - l• _ - _ ..ail-�'" - t��4� ! MINOR PLAT OF SRDOKS:rr� FARM FIRST SUSDliRSlON Pwi� �� ] - 3` f ��PETIIO� IY CAE FAg�osH T a'wsrATmf y '� t- '�,4 f i •P . o.?° h ' , _ ` i [ CARBON Z W Z � H W N9 W W a Q= �> -� O C) ii Q Z = M o� z 0S O K G668A000.a] 3 of 3 0 ORDINANCE NO.964 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ANNEXING TO THE TOWN CERTAIN REAL PROPERTY LOCATED IN UNINCORPORATED WELD COUNTY AND OWNED BY THE TOWN OF FIRESTONE WHEREAS, the Town is the sole owner in fee of the real property described below, which is contiguous unincorporated property situated in Weld County (the "Property"); and WHEREAS, C.R.S. § 31-12-106(3) provides that a municipality may annex by ordinance municipally -owned real property without notice and hearing upon a determination that the property is eligible for annexation under Section 30(1)(c) of Article II of the Colorado Constitution and applicable provisions of the Municipal Annexation Act of 1965, Part 1 of Article 12 of Title 31, C.R. S. (the "Act"); and WHEREAS, the Board of Trustees has satisfied itself concerning the eligibility for annexation of the Property, and concerning the conformance of the proposed annexation to the applicable law, and desires to annex the hereinafter described Town -owned property to the Town of Firestone. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees finds that the Town of Firestone is the sole owner in fee of the real property described in Section 4 of this Ordinance, and that such property is not solely a public street or right-of-way. Section 2. The Board of Trustees fords and determines that the Town -owned real property described in Section 4 of this Ordinance is eligible for annexation to the Town of Firestone under section 30(1)(c) of Article IT of the Colorado Constitution and C.R.S. §§ 31-12-104(1)(a) and 31-12-105, specifically in that: a. Not less than one -sixth of the perimeter of the Property is contiguous with the current boundaries of the Town of Firestone; b. The annexation of the Property will not result in the division of the Property into separate parts or parcels; C. No annexation proceedings have been commenced for the Property or any portion of the Property by another municipality; d. The annexation of the Property will not result in the detachment of area from a school district; 0 e. The annexation of the Property will not result in an extension of the boundaries of • the Town of Firestone more than three miles in any direction; and f. The Town of Firestone has a plan in place for the area to be annexed. Section 3. The Board of Trustees further finds and determines that the applicable parts of the Act have been met, that an election is not required under the Act, and that there are no other terms or conditions to be imposed upon said annexation. Section 4. The Property, more particularly described as: Part of Lot B of Recorded Exemption No. 1311-6-2 RECX13-0023, a recorded exemption located in the NW 114 of Section 6, T2N, R67W of the 6th P.M., County of Weld, State of Colorado, according to the plat recorded June 19, 2013, as Reception No. 3941557 of the records of Weld County, Colorado, described as follows: COMMENCING at the N114 Corner of said Section 6, from which the Northwest Corner of said Section 6 bears N89°30'04"W, 2503.05 feet (Basis of Bearing), thence N89°30'04"W, 45.28 feet along the North Line of the NW 114 of said Section 6 to the Northeast Corner of said Lot B; Thence S00"57'11"W, 36.80 feet along the Easterly Line of said Lot B to the Southerly Line of Weld County Road 26 Annexation No. 4, an annexation to the Town of Firestone recorded May 28, 2010, as Reception No. 3696276 of the records of Weld County, Colorado, and the POINT OF BEGINNING; • The following courses and distances are along the Easterly, Southerly, and Westerly Lines of said Lot B: Thence continuing S00°57'l I"W, 301.12 feet; Thence S 15' 13'26"W, 130.94 feet; Thence S02°09'26"E, 523.68 feet; Thence S 01 ° 12'22"W, 254.00 feet; Thence S06°48'02"W, 96.36 feet; Thence S00°44'11"W, 421.85 feet; Thence S37°25'26"W, 25.30 feet; Thence S41 °47'3 5 "W, 46.72 feet to a point of curve to the left; Thence Southwesterly, 78.07 feet along the are of said curve to a point tangent, said arc having a radius of 180.00 feet, a central angle of 24°51'05", and being subtended by a chord that bears S29°22'03"W, 77.46 feet; 0 . 0 Thence S16'56'30"W, 20.61 feet to a point of curve to the right Thence Southwesterly, 64.08 feet along the arc of said curve to a point of reverse curve to the left, said are having a radius of 140.00 feet, a central angle of 26°13'33", and being subtended by a chord that bears S30'03'17"W, 63.52 feet; Thence Southwesterly, 132.94 feet along the are of said curve to a point tangent, said arc having a radius of 450.00 feet, a central angle of 16°55'35", and being subtended by a chord that bears S34042'17"W, 132.46 feet; Thence S26°14'29"W, 104.30 feet; Thence S31°08'54"W, 54.44 feet; Thence S35°51'35"W, 90.54 feet to a point of curve to the right; Thence Southwesterly, 139.50 feet along the arc of said curve to a point tangent, said arc having a radius of 150.00 feet, a central angle of 539706", and being subtended by a chord that bears S62°30'08"W, 134.53 feet; Thence S89°08'41 "W, 143.86 feet; • Thence S82°57'23"W, 116.61 feet; Thence S79°42'23"W, 35.80 feet to a point of curve to the right; Thence Westerly, 61.55 feet along the arc of said curve to a point tangent, said arc having a radius of 175.00 feet, a central angle of 20°09'02", and being subtended by a chord that bears S89°46'54"W, 61.23 feet; Thence N80°08'35"W, 60.13 feet to a point of curve to the left; Thence Westerly, 223.88 feet along the arc of said curve to a point of reverse curve to the right, said arc having a radius of 1180.00 feet, a central angle of 10°52'14", and being subtended by a chord that bears N85°34'42"W, 223.54 feet; Thence Westerly, 71.96 feet along the arc of said curve to a point tangent, said are having a radius of 250.00 feet, a central angle of 16°29'31 ", and being subtended by a chord that bears N82°46'03 "W, 71.71 feet; Thence N74°31'1711W, 30.86 feet to the Westerly Line of said Lot B, also being the Easterly Line of Brooks Farm First and Second Additions, an annexation to the Town of Firestone recorded June 15, 2001, as Reception No. 2857771 of the records of Weld County, Colorado; . Thence N00°56'45"E, 2296.06 feet along the Westerly Line of said Lot B and along the Easterly Line of said Brooks Farm First and Second Additions to the Southerly Line of said Weld County 3 . Road 26 Annexation No. 4; Thence leaving the Westerly Line of said Lot B, S89°20'33"E, 1187.43 feet along the Southerly Line of said Weld County Road 26 Annexation No. 4 to the POINT OF BEGINNING. Area = 60.028 acres, more or less, is hereby annexed to and made a part of the Town of Firestone, Colorado, to be known as the Carbon Valley Pit Annexation, Section 5. The Town Clerk is authorized and directed to file for recording three (3) certified copies of this Ordinance and the Annexation Map with the Weld County Clerk and Recorder, and to file one (1) copy of the Annexation Map and the original of this Ordinance in the Town Clerk's office. The Town Clerk shall also request that the Weld County Clerk and Recorder file one (1) certified copy of this Ordinance and the Annexation Map with the Division of Local Government of the Department of Local Affairs and the same with the Colorado Department of Revenue. Section 6. If any article, section, paragraph, sentence, clause, or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Trustees hereby declares that it would have passed this Ordinance and each part or parts hereof irrespective of the fact that any one, or part, or parts be declared unconstitutional or invalid. Section 7. This Ordinance shall be published and become effective 30 days after publication following adoption. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this f-10 day of 7anu ONE �o�O TOWN OF FIRESTONE, COLORADO 10 jCM ••ry c ..... B i Sinde , Mayor Ou ATTEST: ILI APPROVED AS T illiam P. Hayashi, Town Attorney 0 . 0 • E ANNEXATION MAP CARBON VALLEY PIT ANNEXATION TOWN OF FIRESTONE COUNTY OF WELD. STATE OF COLORADO. 5WEETi OFF f E f f *ax nen.. ani r ..o. rt .o- e. mcu .sLYGrS, a.r m+. a r.rswe, m.a.oa eo-w: .mas rmrrr.. uq aer ro ..o-a n aeK ro M "as M scc e.id .. rctpmim v M rauo�a KSaram wm. w .c m°0:x'%a wear' � �'m' M�0`rsams1°o'"`. n`ca.M rae�`e.ria are '. •m m""im se,oem sue°.. uae' w., .u,m m1.3ri-nra Karnaco .s r"w.s � Wore retreat nu rm m • .o.r a s.rv. m ,K rm: •, ,ic .,� �u�msmn. a rtnw s.o- M .eenncsr ,rwrc .cs,mr�mm ra, wYOM°o ..'c�xau'"`..m. e."1°e.ua""n uec.•mr n ae�"a'�¢ n x� uma ar wgs a K �x a�c.x � >ra err,. , rur�• scrr*o- : ro�`•a ��n.'.iIITmiraMONO. rr"`s.e per a ��ai � �wura nxe. rrci, . "n sett a.,c�m n x uum ,x. r[[ ..uC wK F4a... tr4 K set � hr U{ er W..m wW m buret .P .K•.epe W M � Or ru(5rn{ ,r.,ra .ofYhr, r1�w !rM .e�rm � e:C K fW CW�S r0 . bi, a� aLO.h..0. r..px'N K M PEWOS Or .QO x.am fCE*r�e d�.i m,.rrr. W,c. ".a .x,. • .w m""is ae,o® .r . aws ,. ,cTvi >,„ „anx anwrt mau rccv no.x .rat.w rm uw.e n[ raa,ea.m swe rar�"•m"`x. „a.a an.r'a'a r.. m w.,raar ua s s,o .m Wexrr xa.s m ...arw,ra, xa no.i s,r.rvz a n.n .mr. .",p°'we ni sw„mv v"�nvsu"�`e rin m'V°wn'eo".n na'u:e' i 'm'"wi .�o rlYmt a..o rm a.c. - maa .PLS MF p rL54 Rs(,gAb 14K'1 tlf ..6 ro K ...C.[0 I.IK.. ,ra aE ESP 3� k Ex pg 23 Lot a rdc IA.iSItY� �: EC YM L].Po.O rVlxr MIM er,.rerm Irrrr onELesvntr BROOKS FARM FIRST do SECOND AD17177ONS aw mmr pF PLPf PaStip� & ,F5 ,akc s,vnpv .err rrzr m ..,•m. m m..e ro .,• ar+: ...a -...mr v.u..v ", wa..,r�. t��ga00 c��Sgie" r.r, . � � •:,.�"�:°�°�,a;".u;.`��rm-"� w rd.e,rrerra 4� BLQCrK 7 � rrssC .sc a r:eisir sw•viu-:.�o eo-b werommr n=aaai`•iI. I-on a rr cac.•m i ss - o".. m 6 raaa.c .arx.A,a e�.o-rase•cm sear .rt na — o.. roeu w %•+EsrGM ,¢u . w .e.e v ItY,aK m.wuEa R-A P!!D M.0 sm•rmt ,e..eo Rr; Mr1K 9NQNt M... r¢r: .r,lae u. M.I" "V Jr,qu S[.a rArna sssara'a lal. f6! M . 4. V MK ro M wrrr. Sri"�rne�:.Im sac 9ammm er . u�lo�m ,Wier Ka.i mr'n'ne^K ,a.`v ttLi: rAd¢ •J.m'nZ ,.SN r¢F. ur meeem,m, [11E. 9 �rM „ore mrvnsa ns« .0 . . ua. unrnev n.+T _ ssr...rylr s.,u' - xe,'os' sr.-lr6T• u eenrn�v mr o aw• xim ,ne'.u' s,rrr,r. rssx' o nr.rzr. aem s,.0 ,xar mm'or seTwe.v ., zr i,r ' xcP cxxAvry rare rl_AG%LY.41LYlE ' UNPLA�TT£0 WELD COUNTY IlNNIA AxuF ff ROAD 26 � ANNEXA 170N 26) �� NOy rmwrH.-6� n I v 1EQ LIMM O.tt K..rn xi.. 1.ns,VC W ^1imro-mm ���' r. W hlbl Dd�E n�m �.a-eras n , � .r,k :.ea.r.�.i..o� •u .., a m�. xan ry za'g� -.p.rW(ryRE U PLAT.70 1 Poevr m,.sro6nrorr XK1/�4 owe IIM a ew a / / a� - .:... finwom _SPP 7WW 301.1Y -u.•co f La T.ea m _ter• ;_ � ,ae .EiP CWury za'm ..oEnaxn.+rc � r>brz u TRACT o mra,as,�r� t�EP��G R r ca 4ii Ns raAcr, re�,mc man cr rr EsmvE mrE: R-A pIp FSTONE DEVELOPMENT ANNEXA RON Na 3 Arc tsn.mr j LOT 12 UNPLATTEO xeco ca�wrr zcwc A-Acwraut nnxE W =s OAK MEADOWS ROD FILING 2 rnx" pr smrsrcv+c CIVILAPITB r"e"" r - vrr aarz •MwiM m �:.A.i oe".e �"'"'' Virtu ::W"a M ras,e.. Q ... •a. acsr .im o- M r� "ri �,r,K ro � cr "dam rc.r�.�as ww m"i"i+ s au.A. u.n �• rsea .ra.s ..[.. sv„t r-t r 'c.eaw v s ..r,m:ce a M s.ro,. .rns., m., mr• an rmY ".w�win"iOiwmave6M0n0m .we we r.vma,u raw wex,n-.es'i �ue:�s eo E mw ,w +e ws nem. na wrz v M crmr�m`v'a r a ` aeZ " rre mrz ci rppuep DO:[a6. RmT :x., uM w Flelw® ev VE a ua]u uv .u[ci 4nb� WO " .ac .Im m.¢Ci m M .m a .r ."•..mrr .I" met, rn.r .,,m•Na,oTIe4 ,n �.W `.�,d97Rr5xsi�nvi uWWew ,n.ve+a.xo. sum `� -r 4515340 03116/2020 01:55 PM Total Pages: 9 Rec Fee: $53.00 Carly Koppes - Clerk and Recorder, Weld County, CO • ORDINANCE NO.963 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ZONING CERTAIN LAND, FULLY DESCRIBED HEREIN AND LOCATED WITHIN A PORTION OF CROSSROADS PUD, FROM PUD EMPLOYMENT CENTER TO PUD RESIDENTIAL-C AND PUD REGIONAL COMMERCIAL; AND APPROVING AN APPLICATION TO AMEND THE CROSSROADS PUD OFFICIAL DEVELOPMENT PLAN TO ALLOW FOR RESIDENTIAL AND COMMERCIAL DEVELOPMENT WHEREAS, THE Firestone Development, LLC (the "Applicant") has submitted an application for zoning certain land fully described and depicted on Exhibit A and to amend the existing Crossroads PUD Outline Development Plan (the "ODP Amendment"), to allow for residential and commercial development (collectively, the "Application"), and WHEREAS, the Firestone Planning and Zoning Commission, after conducting a public hearing on the Application held on January 9, 2020, rendered a decision recommending approval of the Application to the Board of Trustees, subject to two conditions of approval as more fully set forth in the resolution PC-20-01, dated January 9, 2020; and WHEREAS, on January 22, 2020, the Board of Trustees conducted_ a public hearing on the Application; and WHEREAS, after reviewing the record of the Planning and Zoning Commission public hearing, and after considering the testimony, evidence and argument presented at the Board of Trustees public hearing, the Board of Trustees finds and determines that the Application is complete, that the Applicant has met the requirements and standards set forth in Sections 17.22.030 and 17.44.060 of the Firestone Municipal Code, and Section 6.6 of the Firestone Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The land described and depicted on Exhibit A shall be zoned Town of Firestone PUD-R-C (Planned Unit Development(Residential-C) and PUD-RC (Planned Unit DeveIopment/Regional Commercial) Zoning District. Section 2. The Crossroads PUD Official Development Plan Amendment No. 1, attached hereto as Exhibit B, is hereby approved, conditioned upon satisfaction of the following conditions: a. Provide an updated title commitment showing THE Firestone Development, LLC as owner when the mylars are provided for recording, dated no later than thirty (30) days prior to submission of mylars. b. Technical corrections to the Outline Development Plan Amendment No. 1 0 4575340 03/15/2020 01:55 PM Page 2 of 9 • • 0 shall be made to the Town's satisfaction Section 3. Upon timely compliance with all conditions set forth in Section 2 above, the Board of Trustees certifies a change in the Zoning Map zoning the property described herein to Town of Firestone PUD-R-C (Planned Unit Development/Residential•C) and PUD-RC (Planned Unit Development/Regional Commercial) Zoning District. Section 4. The Board of Trustees directs that a certified copy of this Ordinance be filed with the Town Clerk and further, that the Town Clerk index, file and make the Ordinance available to the public. Section S. If the conditions set forth in Section 2 above are not timely fulfilled within 120 days of the approval date, this ordinance shall be void and of no further effect. Section 6. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision will not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one }fart or parts be declared unconstitutional or invalid. Section 7. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL thisaL day of January, 2020. TOWN OF FIRESTONE, COLORADO FAR O rOwN �i0 66bi Sin ar, Mayor ATTEST; Do%. f��p a . Nry Gpv� Oil 'USca Koenig, Town rk APPROVED AS TO RM: lliam P.-Ha as i, Town Attorney ►y . rim, M•,�.;, 2 • • 0 4515340 03/15/2020 01:55 PM Page 3 of 9 EXHIBIT A Legal Description LOT 4, THE FIRST REPLAT OF THE AMERICAN FURNITURE WAREHOUSE SUBDIVISION AS PER THE PLAT RECORDED AUGUST 2, 2006 AT RECEPTION NO. 3408227, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, CONTAINING 12.622 ACRES, MORE OR LESS TOGETHER WITH; TRACT E, FIRESTONE CITY CENTRE SUBDIVISION FILING NO. 3 AS PER THE PLAT RECORDED OCTOBER 1, 2010 AT RECEPTION NO. 3722597, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, CONTAINING 21.197 ACRES, MORE OR LESS TOGETHER WITH; TRACT H, FIRESTONE CITY CENTRE SUBDIVISION FILING NO. 3 AS PER THE PLAT RECORDED OCTOBER 1, 2010 AT RECEPTION NO. 3722597, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, CONTAINING 6.669 ACRES, MORE OR LESS TOTAL AREA CONTAINS 40.488 ACRES, MORE OR LESS. 0 • FIRST AMENDED OUTLINE DEVELOPMENT PLAN CROSSROADS PUD LEGAL DESCRIPTION AN AMENDMENT OF A PORTION OF CROSSROADS PUD ODP TOWN OF FIRESTONE LOT 4 OF THE FIRST REPLAT OF THE AMERICAN FURNITURE PROJECT TEAM COUNTY OF WELD WAREHOUSE SUBMWV ON AS PER THE PLAT RECORDED STATE OF COLORADO SEPTEMSER 2, 2DDS AT RECEPTION NO.3408227. COUNTY OF WELD, COVERSHEET STATE OF COLORADO, OWNER THE Rimmlolte DevelopmeM LLC. 21271nnar5elLBuslners Drhm, SuOe 200 St 1-0u1%.Mismud 63114 314.513.1SD0 Voice Contact Max Ganr3ne Email: m9'msllneatgsPropertie —n CML ENGINEER Reptand 1500 W. Canal Cant Utdeten, Colorado SM20 7zn,283,slT3 vnlce Cadact Travis Frazier, P.E. Email: trmzier@redl-d.com DEVELOPER 12205 Olive Boule',ratd St Lem MWXDt i 63141. 314.S67-1221 wire Contact Kent Evans Email: k vmns@v dpertproperOee.oem Surveyor A2tec Consdbuits, Inc 300 E MirteM Ave, Suite 1 I-Meron, Comado 80122 303.713.1898 vole Coetart Shaun Lea . PLS E.fl: sleeearb nsu6nls.tam SHEET 1 OF 5 r. APPROVAL BLOCK: APPROVED BY THE TOWN BOARD OF TRUSTEES OF THE TOWN OF FIREMNE, COLORADO THIS DAY OF 20 BY ORDINANCE NO. MAYOR - ATTEST: TOWN CLERK ACCEPTANCE BLOCK AND NOTARY BY SIGNING T19S MP, 7NE OWNER ACKNOWLEDGES AND ACCEPTS ALL OF THE REQUIREMENTS AND 1NTENTSEf FORTH HEREIN, THE FIRESTDNE DEVELOPMENT, L.I..C.. A MISSOURI LIMITED LIABILITY COMPANY BY: THE FIRESTONE INVESTORS, LLC., A MISSOUM UMRED LIABILITY COMPANY, T18 MANAGER BY: MICHAEL H. STAENBERG, MANAGER - STATE OF MISSOURT S )SS COUNTY of ST. Louis) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED Bp FORE ME THIS - DAY OF _ 20_ BY MICHAEL H. STAENBERG, THE MANAGER OFTHF FIRESTONE INVESTORS. LAX —THE —MANAGER OF THE FIRESTONE DEVELOPMFNT. LLC WITNESS MY HAND AND OFFICIAL SEAL NOTARYPUBUC CONTAINING 1Z622 ACRES MORE OR LESS TRACT 11 FIRESTONE CITY CENTRE FILING 3 AS PER THE PLAT RECORDED OCTOBER 1, 2010 AT RECEPTION NO. 372259T, COUNTY OF WELD, STATE OF COLORADO. CONTAINING 6.669 ACRES MORE OR LESS. TRACT E FIRESTONE CITY CENTRE FILING 3 AS PER THE PLAT RECORDED OCTOBER 1, 2010 AT RECEPTION NO. 3722597. COUNTY OF WELD, STATE OF COLORADO. CONTAINING 21,197ACRES MORE OR LESS TOTAL AREA OF APPRECIATION CONTAINING 40.488 ACRES MORE OR LESS. BASIS OF BEARINGS 9PARINGS SHOWN HEREON ARE GRID BEARINGS DEWED FROM RTK FAST STATIC GIPS OBSERVATIONS AND ARE BASED UPON THE COLDRADO COORDINATE SYSTEM OF 1983 NORTH ZONE (MAD 83, 1998), ALONG THE EASTERLY UNE OF LOT 2, FIRESTONE CRY CENTRE SUBDIVISION RUNG 140.3, WHICH REARS SOUTH 2rl4'4W EAST, BETY,IPEN THE MONUMENTS SHOWN HEREIN, BENCHMARK TOWN OF FIRESTONE BENCHMARK NO. S. CHISELED SQUARE ON SOUTH END HEAD WALL OF DITCH CROSSING UNDER INTERSTATE 25 EL.EVATON = 4858.97 {TOWN OF FIRESTONE 1829 DATUM} a � CAW¢o¢a x,,.wnhelew, O z ta CalleMemleu ay. vNi � � L) 1U uO Lu m O Ol L) CO fn CROSSROADSPUD COVER SHEET SHEET 1 1 A nT Cr cc v CP C CT A 0 CD [D p 07 N NJ N CD O u CT • • PROJECT CON THE FIRST AMENDED CUTLIIJE DEVELOPMENT PLAN {DOP) REVISES THE PREVIOUSLY APPROVED CROSSROADS PLANNED UNIT DEVELOPMENT CMUNE DEVELOPMENT PLAN (DDP) DATED TMSM999 AT RECEPTION NO, ZM70-8, TM AMENDMENT REVISES THE PRESENT ZONING FOR THE SUBJECT PARCEL, COMPRISING 4DAN AC, FROM PLANNED UNIT DEVELOPMENT WITH EMPLOYNENTCENTER {EC) LAND DESIGNATION TOPLANNED UNIT DEVELOPMENT WUH HHIGH-0ENSTTY RESIDENTIAL (R-C) OR REGIONAL COMMERCE SRC) LAND USE DESIGNATION. THE ORIGINAL PROJECT CONCEPT FOCUSED ON CRrITING AN ATTRACTIVE USNG AND WORIONG ENVIRONMENT USING INNOVATIVE SITE AND DESIGN TECHMCUES TO RESPOND TOTHE STIES NATURAL FEATURES, BUILDING UPON THE ORIGINAL GOALS. CROSSROADS FIRST AMENDED CDP WILL FEATURE. . COMPACTNESS- WALKABILTTY TO COMMERCIAL AREAS, EMPLOYMENT CENTERS AND OPEN SPACES FROM THE RESIDENTS. . OPPORTUNITIES FOR LOCAL EMPLOYMENT IN SHOPS AND BUSINESSES CLOSE TO RESIDENTS. . PROTECTWG THE ENHANCED GOBBING HOLLOW. • CONVEWENTACCESS TO THE F25 CORRIDOR AND CLOSE PROAMTY TO EJDSTINO AND FUTURE RETAIL USES. • A MULTI -FAMILY MGHBORHOOD WITH A VARIETY OF UNIT TYPES AND A NEIGHBORHOOD AM MI TY BUILDIMO WITH A SWIMMING POOL AND A COMMON GATHERING LOCATION. • A HIGH QUALITY ARCHITECTURAL DESIGN SOLUTION TO COMPLEMENT THE TOWN'S RURAL CHARACTER • A NEIGHBORHOOD TEXTURE THAT EMPHASRES IHTERCONNECYING STREETS AND PEDESTRIAN CONNECTIONS, AN INTENT TO CREATE A NATURAL AREA FOR TRAIL CONNECTIONS AKD SMALL GATHERING SPACES. THE FIRST AMENDED ODP WOULD PERMIT DEVELOPMENT OF MULTIFAMILY RESIDENTIAL UhM. THE SITE PROXIMITY OFFERS DIRECT ACCESS TO M CORRODE AND EXITING RETAIL USES SUCH AS AFW, HOME DEPOT AND SURROUNDING PAD SITES. rrISAJ4TlCPATeDTJqATTj4UVNrTSMXWRANUE FROM 1, 2 AND 3.BEDRDOM UNITS WITH AN ESTIMATED RANGE OF RD SF TO 1,383 SOUARE FEET. A PRIVATE NEIGHBORHOOD AMENITY BUILDING AND SWIMMING POOL WILL PROVIDE A COMMON GATHERING LOCATION FOR ALL RESIDENTS, THE FIRST AMENDEODDP IS COMPATIBLE WITH THE SURROUNDING LAND USES AND WILLPROVIDE AN EFFECTIVE TRANSITION BETWEEN THE NEIGHBORHOOD COMMERCIALTO THE NORTHWESTAND THE EXISTING RESIDENTIAL USES TO THESOUTHFAST. THE EXISTING ZONING OF THE PARCELS SURROUNDING THE FIRST AMENCED OOP IS NOT IMPACTED BY THIS AMENDMENT. THE ABUTTING PARCELS TO THE WEST AND EAST, WHICH FOR THE MOST PART HAVE BEEN BUILT OUT, ARE PART OF THE ORIGINAL ODP. TO THE SOUTH AND WEST IS AMEiRICAN FURNITURE WAREHOUSE AND TO THE EAST THE EAGLE CREST RESIDENTIAL NEGHBORHGOD. gREC' LY ADJACENT TO THE SOUTHEAST IS THE COMING HOLLOW ANDASTORM DRAINAGE MAC ENT WITH AN EXSTING PARALLEL TRAIL CONNECTION. THE AREA SOUTH OF THE PROPERTY IS ZONED EC. RC PUD. ANDOSPUDWTTFIINTHETOWNOFFIRFSTONE . . FIRST AMENDED OUTLINE DEVELOPMENT PLAN CROSSROADS PUD AN AMENDMENT OFA PORTION OF CROSSROADS PLffi CDP TOWN OF FIRESTONE COUNTY OF WELD STATE OF COLORADO - - NARRATIVE SHiEcr SHEET 2 OF S REGIONALTIMPACTS THE FIRST AMENDED ODP IS COMPATIBLE WITH THE TOWN OF FIRESTONE MASTER PLAN, BU;wrNG UPON THE'COMMUNRY IN MOTICW MOTTO. THE AMMON OF RESIDENTIAL HOUSING 1NITMrN THE HIGH INTEND ZONE ALONG 13 CORRIDOR SUPPORTS THE VISION TO PRE$I:RVE THE AGRICULTURAL COMMUNITY ALONG THE PERIMETER AND PROVIDES RESIDENTS WTHIN CLOSE PROXIMITY TO THE EXISTING RETAIL CENTERS ALONG FIRESTONE BLVD. PAYING HOMAGE TO THE GODDING HOLLOW CORRIDOR REINFORCES THE HISTORIC WATERWAYS OF THE AREA AND OFFERS PEDESTRIAN CONNECTIONS THE DEVELOPMENT CONTEMPLATED FOR THE PROPERTY REFLECTS CONSIDERATION OF VEHICULAR ACCESSIBILITY, ESTABLISHED STREETS AND CONVENIENT CIRCULATION FOR RESIDENTS, AS WELL AS EMERGENCY VEHICLES, TO IANIN11ZE ANY IMPACT ON THE FUNCTIONALITY OF THE NEARBY STREETS AND INTERSECTIONS. ENVIRONMENTAL INFORMATION THERE IS NO EVIDENCE OF RECOGN® ENVIRONMENTAL CONDITIONS IN CONNECTION WITH THIS SITE. .. REFER TO THE PHASE 1 ENVIROMMENTAL SITE AS UPDATE, BO-ACRE UNDEVELOPED PARCEL, SOUTHEAST CORNER OF THE STATE HIGHWAY 119 AND INTERSTATE 25, FIRESTONE, COLORADO-, PREPARED BY KUMAR AND ASSOCIATES FOR QUADRANT CENTENNIAL PARTNERS, LM DAT ED JANUARY 16, 21106. THE DEVELOPMENT SHALL BE SERVICED BYTYIE FOLLOWING UTUTY COMPANIES: • GAS - BLACK HILLS ENERGY • ELECTRIC-UNTTEOPOWER • TELEPHONE -CENTURY LINK • WATER -TOWN OF FTRffSTONE • SANITARY SEWER- ST. VRAIN SANITATION DISTRICT ALL UTILITIES REQUIREO FOR DEVELOPMENT EAST ON-SYTE OR DIRECTLY ADJACENT TO THE PROPERTY. AS A RESULT, NO OFFSITE MAIN EXTENSION ARE ANTICIPATED. .. THERE ARE SEVERAL GAS LINES AND WELLS ADJACENT TO THE SITE ALL SITE DEVELOPMENT WORK WILL BE IN ACCORDANCE WITH RELEITANT STATE AND LOCAL ORDINANCES. . GRADING CONCEPT .. THE SITE HAS BEEN OVERLOT GRACED. THE SITE SLOPES TO THE NORTHEAST BETWEEN 1%AND 3%, AN EXISITING STORM DRAINAGE SWAi..E LIES ALONG THE EASTERN PROPERTY LINE AND CONVEYS STORM FLOWS FROM THE PROPERTY TO A REGIONAL DETENTION ANO WATER .. OUALTTYFACILITY, SERVICE REQUIREMENTS MULIGE PH4RECTAIN: TOWN OF FIRESTONE TIRE PROTECTIOR FRECR$CK-FIRESTONE PROTECTION DISTRICT STREETLUINTENANCE TOWN OF FIRESTONE FUeUC STREETS) RECREATION CARBON VALLEY RECREATION O6'TRICT SCHOOLS: ST VTWN VALLEY SCHOOL OISTR[CI CIRCULATION SYSTEMS THERE IS DIRECT ACCESS TO LOT AND TRACT H FROM JAKE JABS BOULEVARD, WHICH WAS CONSTRUCTED AS PART OF THE OVERALL FIRESTONE CETY CENTRE INFRASTRUCTURE IMPROVEMENTS. AN E)gSTING ACCESS TO TRACT H WAS CONSTRUCTED WITH THE HOME DEPOT. TWO ADDITIONAL ACCESS POINTS ONTO JAKE JABS BOULEVARD ARE ANTICIPATED WITH FIXTURE DEVELOPMENT AND DESIGNATED ON THE PLAN. TRACT E HAS DIRECT ACCESS TO CITY CENTRE ROAD, THERE ARE 5 EXISTING CURB CATS FOR TRACT E THAT WILL BE LMLIZED FOR FUTURE ACCESS NO ADDITIONAL RIGHTS OF WAY ARE REQUIRED FOR THE DEVELOPMENT � Iae..Nlsbebn. CSD M1a.Tw>ry. a O f- N � Ir p Z j O w S y 11J 7 Q Z CROSSROADS PUD NARRATIVE SHEET �+ksrnnws.rrw,.m SHEET 2 QI ti C O C • • LAND USE AND ZONING -THE EXISTING PROPERTY IB ZONED PLANNED UNIT DEVELOPMENT VNTH EMPLOYMENT CENTER (EC) LAND DESIGNATION. THE EXISTENG AREAS TO THE SOUTH AND EAST OF THE PROPERTY ARE ZONED R-O PUD. LAND USE &ZONING TABLE swsznsasev wass.sssA slwNAiat w' Vt9 a{ tuale rsxNm�s.a..a NWT[ aLf9]IL DEVELOPMENTSCHEOULE IT.IS ANTICIPATED THE PHASE I DEVELOPMENT WILL BEGIN IN SUMMER OF 2020 AFTER APPROVAL OF FINAL DEVELOPMENT PLAN. IT IS PROJECTED TO TAKE 2 TO 3 YEARS FOR FULL BUILD OUT. THIS SCHEDULE IS BASED ON CURRENT MARKET CONDITIONS AND MAY CHANGE SUBJECT TO MARKET DEMANDS. PARKDEVELOPMENT DEDICATION OF ANY PUBLIC OPEN SPACE AND RESPONSIBiUTY FOR MAINTENANCE FDR OPEN SPACE WITHIN SCOPE OF THE FIRST AMENDED ODP WILL BE SET FORTH IN THE FINAL DEVELOPMENT PLAN APPROVAL PROCESS AND REQUIRED DEDICATIONS WILL BE MAOEAY THE TIME OF FINAL PLATTING. STRONG PEDESTRIAN AND BICYCLE CONNECTIONS WILL BE MADE ALONG ,TAKE JABS BLVD., GOODING HOLLOW AND THROUGH THE NEIGHBORHOOD TO THE SURROUNDING NEIGHBORHOODS AND RETAIL SERVICES PRIVATE MAINTENANCE AND ENFORCEMENT A PROPERTY OWNERS ASSOCIATION WILL DE ESTASUSHEO TO ADMINISTER AND ENFORCE APPROPRIATE COVENANTS AND CONDITIONS WITHIN THE DEVELOPMENT. DETAILS OFAPPUCASL E COVENANTS AND SITE MAINTENANCE PROVISIONS W U BE ADDRESSED DURING THE COURSE OF PRELIMINARY IFTNAL DEVELOPMENT PLAN PROCESS. DENSITY THE PLANNING AREA 1 PUD R•C DEVELOPMENT STANDARDS ARE OUTLINED IN THE SUMMARY CHART BELOW, FIRST AMENDED OUTLINE DEVELOPMENT PLAN CROSSROADS PUD AN AMENDMENT OF PORTION OF CROSSROADS PUD ODP TOWN OF FIRESTONE COUNTY OF WELD STATE OF COLORADO NARRATIVE SHEET SHEET 3 OF PLANNING AREA 2 PUD- RC INTENT STATEMENTS WITHIN THE MDC D USE (RC) ZONE DISTRICT ALLOWED USES SHALL BE ALL USES OUTUNW WITHIN THE REGIONAL COMMERCIAL (RC)AND HIGH -DENSITY RESIDENTIAL (R-Cl RESIDENTIAL AND COMMERCIAL LAND USES PERMITTED IN THE RC AREA SHALL RE PERMITTED IN THE SAME BUILDINGS. . THE FOLLOWING ORTIERIA SHALL BE MET FOR THE MIXED USED REGIONAL COMMERCIAL (RC) ZONE DISTRICT: 1. PROVIDE OPPORTUNITY FOR A MIX OF USES INCLUDING RETAIL, OFFICE, ENTERTAINMENT. AND RESIDENTIAL 2. PROVIDE AN INTENTIONAL FORMAL GATHERING PLACE TO INCLUDI_ MULTI -USE PUSUC SPACES. 3. PRIORITIZE INTERCONNECTING STREETS AND PEDESTRIAN CIRCULATION BETWEEN THE PLANNING AREAS, 4. CREATE A WALKABLE ENVIRONMENT, CONNECTING ALL PROPOSED USES AND EXISTING SURROUNDING USES THAT CELEBRATES THE FIRESTONE TRAIL CONNECTION. S. DENSITY OF RESIDENTIAL USES WITHIN PUD-AC SHALL NOT EXCEED 20 DUTAC, S. PROVIDE HIGHER CONCENTRATIONS OF MD(ED-USE RESIDENTIAL USES IN THE SOUTHERN PORTION OF THE PLANNING AREA .1 AND TRANSITION TO LOWER CONCENTRATIONS CLOSER TO FIRESTONE BLVD. aauorasa QT[�A1�eRu oafAOaO OKxf1,IW �IalOo16 {IIClS�a ep¢eryg ACQSSdIT >grcraa esu nuKz Asa vsE uwnr Imolr sm.et svaznox nmwssc A� [mwss I�nssl Isssxm4 fy.ssnssF sham nmcNm znzsl rva•isc a smn �s rr - z se sT msT :srt xs r:r as sT Ls miseemeen R>AbaNe1 I.wiu IN*0. 35 FT mn OR I»Nm ss tasl a aemeen. 0e4ad x5R mFT OR IS NOTES: 1. 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J FnigS7D1� arr cpvjw .er. wrp R,BL,N9aV fxm M¢ ! zoxNc: ouoic afikalG:,M1 torr — Fa7£$1dv[ Pm CiNTAE — _ — .41HlX1190N ZOMNG: wo.[y / for r LIIt£57avf ary tTWME A,BG'NSKN' FYWG N�� I mnrrA faresmvr arr CENW weonsw Faros rra s ! 1 - � — — FyEFg1p/!' arY C£MIJh 9IBdN9,lV FA' 4 .YfA ANQKINF//J 1 F1iiE6TON! [41Y C131iRE n rm•S,ON /!U�!,:77/ 'FRAItR/4T-'� 60 rill Lr ft `wsr M7LA v Gr VC FuxnrXW nurrr4MW I f y �I ! r �nn sxur1- I \ Z, I ' ZONING PI,PEG �\K/^_ I i FYEr S]pYE prr cavrae lOJ f l I � I SL&irygpy i]rR+G Na Gor r i rmESlLHE afr C'vw 7Farrc ma 1 rnmnc: m /g LEGEND T TRACT E'7-w,c LINE TABLE j J mmrr unav� N • � ag N 4 r Z acxF:r. m can ONa1.}ou ma. w Lu CROSSROADS PUD a n 0 w 3 � a OOP MAP SHEET z a o ZK O Ed c = a F- wi N 01 EO (D Cd fD � O CD W :•i N C C Cr C3, . ORDINANCE 962 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, PROVIDING FOR A 12-MONTH MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR, AND THE ISSUANCE OF, ANY MOBILE HOME PARK PERMITS FOR MOBILE HOME DEVELOPMENTS, AS WELL AS THE ACCEPTANCE AND PROCESSING OF ANY APPLICATIONS FOR DEVELOPMENT OF ANY HIND THAT, IF GRANTED, COULD RESULT IN MOBILE HOME PARK OR MANUFACTURED HOUSING DEVELOPMENTS WHEREAS, the present regulations of the Town of Firestone that relate to mobile home development and manufactured housing communities need to be evaluated and updated, because the existing regulations do not provide an adequate mechanism to regulate and control the location, design, size, and land use for such manufactured housing or the orderly development of manufactured housing in a manner that would be consistent with the Town's goals related to zoning and land development; and WHEREAS, absent this moratorium, mobile home park or manufactured housing uses may be established before revised standards may be drafted and enacted, thereby defeating the purpose of formulating new standards to accomplish appropriate planning for future manufactured housing • development; and WHEREAS, the imposition of a 12-month moratorium on the acceptance and processing of, and the issuance of, any mobile home park permits for mobile home developments, as well as the acceptance and processing of applications for zoning or rezoning of property within the Town of Firestone to the R-5 zone district or a PUD-residential zone district that would allow for mobile home park development, the acceptance and processing of applications for mobile home subdivisions, and the acceptance and processing of applications for site development plan approval for mobile home parks, will preserve the status quo, and allow the Board of Trustees to investigate, consider, and adopt amendments, if advisable, to the Firestone Municipal Code pertaining to zoning regulations for the affected uses; and WHEREAS, the duration of the moratorium imposed by this ordinance is reasonable in length and is no longer than is required for the Town to properly develop, adopt and implement an initial phase of amendments to the Firestone Municipal Code pertaining to regulations for the affected uses; and WHEREAS, owners and developers of real property affected by this ordinance desiring to construct mobile home developments or manufactured home communities will not be unfairly prejudiced by the imposition of the short, temporary moratorium proposed by this ordinance; and WHEREAS, this ordinance is enacted pursuant to the Town of Firestone's land use regulation powers, in order to safeguard the lives and properties of the citizens of the Town of Firestone. . NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The preceding recitals contained in the ordinance are hereby adopted and incorporated by referenced and findings of fact by the Board of Trustees. Section 2. A moratorium is imposed upon the acceptance and processing of, and the issuance of, any mobile home park permits for new or expansions to existing mobile home or manufactured home developments, as well as the acceptance and processing of applications for zoning or rezoning of property within the Town of Firestone to the R-5 zone district or a PUD residential zone district that would allow for mobile home park development, the acceptance and processing of applications for mobile home subdivisions, and the acceptance and processing of applications for site development plan approval for new or expansions to existing mobile home parks or manufactured home communities. Section 3. The moratorium imposed by this ordinance shall commence as of the date of the effective date of this ordinance, and shall expire on November 12, 2020, unless sooner repealed. Section 4. The moratorium herein provided for shall not apply to any mobile home park - development project or activity on land within the Town for which final plan site plan approval has been granted or a building permit issued at the time of this ordinance; nor shall it impact the lawful use of property for existing mobile home parks or development projects for which a mobile home park permit has previously been granted, so long as such mobile home park developments • are confined to the limits, provision, and conditions of their respective existing Town approvals; nor shall it impact the acceptance and processing of new and existing applications for replacement of or repair to an existing manufactured or mobile home located upon a mobile home lot or space. Section 5. Before the expiration of the moratorium imposed by this ordinance, the Town staff, working with the Town Attorney, shall review the Town's current regulations pertaining to mobile home park development and zoning. Such review shall be completed promptly and with due diligence. If directed to do so by the Board, the Town Attorney and Town staff shall prepare appropriate new, or amended, regulations with respect to mobile home developments in the Town for consideration by the Board of Trustees. Section 6. The Board of Trustees shall have the power to grant a special exception to the moratorium established in Section 2 of this ordinance, and to order the acceptance and processing of applications, and the issuance of a permit, that would otherwise be prohibited by this moratorium, if the following conditions are met to the sole satisfaction and discretion of the Board: A. A written application for the special exception must be submitted, indicating the exact nature of the project proposed and/or mobile home park permit sought to be obtained, and stating with particularity the circumstances of the undue, substantial hardship that the applicant will suffer if the special exception is not granted. B. Within 30 days, the Board of Trustees shall hold a public hearing on the application for special exception. Notice shall be given at least seven (7) days in advance of the public hearing. The owner of the property and applicant, or agent, shall be notified by mail. Notice of such hearing 2 . shall be posted on the property and shall be published in a newspaper with general circulation within the Town of Firestone at least seven (7) days prior to the public hearing. • C. The Board of Trustees may grant the special exception if it finds all of the following: (i) The issuance of the mobile home park permit, or processing of the site plan. subdivision application, or zoning request, is necessary to prevent undue. substantial hardship for the applicant; and (ii) The issuance of the mobile home park permit, or processing of the site plan, subdivision application, or zoning request, will not affect the public interest or the purposes and reasons of and for this moratorium; and (iii) The issuance of the mobile home park permit, or processing of the site plan, subdivision application, or zoning request, will be in accordance with all of the ordinances and regulations of the Town of Firestone as if the moratorium were not in effect. Section 7. The provisions of this ordinance and the moratorium imposed hereby shall not affect or otherwise prohibit the processing of applications for uses and proposals outside of the specific scope defined herein. Section. 8. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 9. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict, Section 10. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 201h day of November, 2019. TOWN OF FIRESTONE, COLORADO K I ","1 WAVII � �� • Will! M . ATTEST: Lisa Bartley, Clerk Pro -tern • APPROVED AS TO FORM: yashi, Town Attorney 0 ORDINANCE 961 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING SECTION 16.12.8.0 OF THE TOWN OF FIRESTONE DEVELOPMENT REGULATIONS PERTAINING TO ARTIFICIAL TURF LANDSCAPING OF SINGLE-FAMILY RESIDENTIAL LOTS WHEREAS, on September 25, 2019, the Town Board of Trustees, by Ordinance No. 958, enacted new standards relating to the location, materials, appearance, installation and maintenance of artificial turf areas on single-family residential lots; and WHEREAS, the Town Board of Trustees finds and determines that amending the new standards relating to artificial turf to include a permit component is necessary for property,owners to be aware of the artificial turf standards before installing artificial turf, and to ensure that individual use of artificial turf complies with Town of Firestone Development Regulations; and WHEREAS, the Town Board of Trustees finds that the proposed amendment is necessary to promote the public health, safety, and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AS FOLLOWS: Section 1. Section 16.12.8.C, Single Family Residential Landscape Standards, of the Firestone Development Regulations is hereby amended by the addition of a new subsection (8), to read as follows: 8. Permit. Any person seeking to install artificial turf must first apply for and obtain a permit from the Town. All permit applications shall be submitted on a form supplied by the Town, and no fee shall be required to issue a permit under this section. Section 2. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. • • is r] INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this I l th day of December, 2019 FiREs TOWN OF FIRESTONE, COLORADO n's ' i f;PQ Bo bi Sindelar, ayor ATTEST: kv�q TAA.'�� - Lisa Bartley, Clerk Pro-te APPROVED AS TO FORM: i iam P. Hayashi, Town Attorney • 4563632 02/03/2020 02.56 PM Total Pages: 4 Roc Fee. $28.00 Carly Koppes - Clerk and Recorder, Weld County, CC, ORDINANCE 960 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ZONING CERTAIN LAND, FULLY DESCRIBED HEREIN, KNOWN AS THE VISTAS AT SADDLEBACK, FROM RESIDENTIAL-1 TO PUD RESIDENTIAL-B AND PUD-REGIONAL COMMERCIAL; AND APPROVING AN APPLICATION FOR OUTLINE DEVELOPMENT PLAN FOR THE VISTAS AT SADDLEBACK PLANNED UNIT DEVELOPMENT WHEREAS, Vistas at Saddleback, LLC (the "Applicant') has submitted an application for zoning certain land fully described and depicted on Exhibit A, and to approve a proposed Outline Development Plan ("ODP'), entitled The Vistas at Saddleback Planned Unit Development, to allow for residential and commercial development (collectively, the "Application"); and WHEREAS, the Firestone Planning and Zoning Commission, after conducting a public hearing on the Application held on September 19, 2019, rendered a decision recommending approval of the Application to the Board of Trustees, subject to two conditions of approval as more fully set forth in the resolution PC-19-12, dated September 19, 2019; and WHEREAS, on October 9, 2019, the Board of Trustees conducted a public hearing on the Application; and WHEREAS, after reviewing the record of the Planning and Zoning Commission public hearing, and after considering the testimony, evidence and argument presented at the Board of Trustees public hearing, the Board of Trustees finds and determines that the Application is complete, that the Applicant has met the requirements and standards set forth in Sections 17.22.030 and 17.44.060 of the Firestone Municipal Code, and Section 6.6 of the Firestone Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Idnd described and depicted on Exhibit A, shall be zoned Town of Firestone PUD-Residential-B and PUD-Regional Commercial Zoning District. Section 2. The Outline Development Plan for The Vistas at Saddlebacl Planned Unit Development is hereby approved, conditioned upon satisfaction of the following conditions set forth in Exhibit B attached hereto and incorporated herein by this reference. .Section 3. Upon timely compliance with all conditions in Section 2 above, the Board of Trustees certifies a change in the Zoning Map zoning the property described herein to Town of Firestone PUD-Residential-B and PUD-Regional Commercial Zoning District. Section 4. The Board of Trustees directs that a certified copy of this Ordinance be filed 4563632 02/03/2020 02056 PM Page 2 of 4 with the Town Clerk and further, that the Town Clerk index, file and make the Ordinance available to the public. Section 5, If the conditions set forth in Section 2 above are not timely fulfilled within 120 days of the approval date, this ordinance shall be void and of no further effect. Section 6. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision will not affect the validity or constitutionality of the remaining portions of this ordinance, The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 7. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 9'h day of October, 2019. ONE TOWN OF FIRESTONE, COLORADO �QTOW, '1�1 OB bi Sinde ar, Mayor ATTEST. o~ N, U _ aJ�)a _ Leah Vanarsdall, Town Clerk APPR D A TO FORM: "M William P. shi, Town Attorney 4563632 02/03/2020 02:56 PM Page 3 of 4 EXHIBIT A Legal Description THAT PORTION OF THE E 1/2.OF SECTION 19, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SE CORNER OF SAID SECTION; THENCE ALONG THE SOUTH LINE OF THE SE 1/4 OF SAID SECTION S 890 40' 59" W 341.38 FEET; THENCE N 00° 19' 01" W 50.00 FEET; THENCE N 430 00' 00" W 753.00 FEET; THENCE N 02° 00' 00' W 708.21 FEET; THENCE S 880 00' 00' W 179.90 FEET TO THE EASTERLY RIGHT OF WAY LINE OF THE SOUTH PLATTE SUPPLY CANAL; , THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING TEN COURSES; THENCE N 46° 02' 09" E 344.20 FEET; THENCE N 280 05' 09" E 148.30 FEET; THENCE N 05" 23' 09" E 123.20 FEET; THENCE N 390 45' 51" W 179.60 FEET; THENCE N 280 45' 51" W 48.90 FEET; THENCE N 616 1410911 E 5.00 FEET; THENCE N 280-45' 51" W 319.50 FEET; .... THENCE N 48° 14' 09" E 635.50 FEET; THENCE S 410 55' 51" E 30.00 FEET; THENCE N 480 14' 09" E 570.66 FEET TO THE EAST LINE OF SAID SECTION; THENCE ALONG SAID EAST LINE S 010 51' 36" E 3038.83 FEET MORE OR LESS TO THE POINT OF BEGINNING. TOTAL ACREAGE: 47.49 ACRES, MORE OR LESS. 4563632 02/03/2020 02:56 PM Page 4 of 4 . • EXHIBIT B Outline Development Plan The Vistas at Saddleback Planned Unit Development Conditions of Approval General 1. Provide an updated title commitment showing Vistas at Saddleback, LLC as owner when the mylars are provided for recording, dated no later than thirty (30) days prior to submission of mylars. 2. Technical corrections to the Outline Development Plan for The Vistas at Saddleback Planned Unit Development shall be made to the Town's satisfaction. ORDINANCE 959 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, REPEALING AND REENACTING CHAPTER 5.08 OF THE FIRESTONE MUNICIPAL CODE REGARDING ALCOHOLIC BEVERAGES WHEREAS, to ensure compliance with the State's liquor laws as set forth in C.R.S. Articles 3, 4, 5, Title 44, as amended and the State's Liquor Rules, 1 C.C.R. 203-2, as amended, it is necessary to repeal and reenact Chapter 5.08 of the Firestone Municipal Code; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Chapter 5.08 - Alcoholic Beverages of the Firestone Municipal Code is repealed and reenacted in its entirety to read as follows: 5.08.010 Delegation of authority to town clerk. A. The town clerk is authorized to act as the local licensing authority for the following Colorado Liquor Code and Colorado Beer Code licensing functions: Processing, and approval or disapproval of applications for special event permits, issuance of approved special event permits, and reporting of issued special event permits to the State Liquor Enforcement Division, in accordance with Article 5 of Title 44, C.R.S., as amended. 2. Annual Colorado Liquor Code and Colorado Beer Code license renewals, provided that the licensee has not violated any provisions of the Colorado Liquor or Beer Codes and associated regulations during the preceding year. Changes in shareholders, officers, directors or trade names of a licensee, provided that any investigation conducted by the Town does not reveal information that may reasonably form the basis of a determination that the applicant is not qualified to hold the respective license. Changes in registered manager of a licensee, provided that any investigation conducted by the Town does not reveal information that may reasonably form the basis of a determination that the proposed manager is not qualified to hold the position. The issuance of temporary permits pursuant to and in compliance with the provisions of section 44-3-303, C.R.S., as amended. The town clerk shall receive applications for new liquor licenses or for changes of location of a liquor -licensed establishment. (a) Upon receipt of a complete application for a new Iiquor license or for a change of location of a liquor -licensed establishment, the town clerk shall set the date and time for the public hearing on the application. The town clerk shall provide written notice to the applicant of the boundaries of the neighborhood and of the date and time of the public hearing. Processing, approval, denial and renewal of tasting permits. B. The town clerk may, nevertheless, refer any licensing decision authorized under this section to the local licensing authority if, in the clerk's discretion, the matter should be presented to the local licensing authority. 5.08,020 - Optional premises licenses. A. The following standards for the issuance of optional premises licenses or for optional premises for hotel and restaurant licenses are hereby adopted pursuant to the provisions of Section 44-3-310, C.R.S. as amended. The standards set forth in this section shall be considered in addition to all other standards applicable to the issuance of licenses under the State liquor code for an optional premises license or for optional premises for a hotel and restaurant license. These two types of licenses for optional premises will collectively be referred to as "optional premises" in these standards unless otherwise provided. B. An optional premises may only be approved when that premises is located on or adjacent to an outdoor sports and recreational facility as defined in Section 44-3-103(33)(b), C.R.S. The types of outdoor sports and recreational facilities that may be considered for an optional premises license are as follows: 1. Country clubs; 2. Golf courses and driving ranges; and 3. Swimming pools. C. There are no restrictions on the minimum size of the outdoor sports and recreational facilities that may be eligible for the approval of an optional premises license. However, the local licensing authority may consider the size of the particular outdoor sports or recreational facility in relationship to the number of optional premises requested for the facility and in relationship to control of the premises and ease of enforcement. D. There are no restrictions on the number of optional premises that any one licensee may have on its outdoor sports or recreational facility. However, any applicant requesting approval of more than one optional premises shall demonstrate the need for each optional premises in relationship to the outdoor sports or recreational facility and its guests. E. When submitting a request for the approval of an optional premises, an applicant shall also submit the following information: 1. A scaled map or other drawing illustrating all of the outdoor sports or recreation facility boundaries and the approximate location of each optional premises requested; 2. A legal description of the area within which the optional premises shall be located; 3. A description of the method which shall be used to establish and designate the boundaries of the optional premises when it is in use; 4. A description of the provisions that have been made for storing alcohol beverages in a secured area on or off the optional premises for the future use on the optional premises; and 5. A description of the manner in which alcohol beverages will be sold and distributed to guests and/or the public. F. Pursuant to Section 44-3-310, C.R.S., as amended, no alcoholic beverages may be served on the optional premises until the licensee has provided written notice to the state and local licensing authorities forty-eight hours prior to serving alcoholic beverages on the optional premises. Such notice must contain the specific days and hours on which the optional premises are to be used. G. The local licensing authority in its discretion may impose conditions or restrictions upon on optional premises in furtherance of the public health, safety and welfare, including but not limited to conditions and restrictions to ensure control of the optional premises and proper enforcement of liquor laws. Conditions and restrictions may be imposed at the time of application or renewal or as part of any disciplinary proceeding. 2 5.08.030 - Special events permits. The local licensing authority may issue special events permits for the sale, by drink only, of fermented malt beverages or malt, spirituous or vinous liquors to organizations and political candidates in accordance with the fees, terms and conditions set forth in Article 5, Title 44, C.R.S. The local licensing authority may, by resolution, elect to issue special events permits without notifying the state licensing authority to obtain its approval or disapproval of applications for special events permits. 5.09.040 - Liquor tastings. A. The Town hereby authorizes tastings to be conducted by retail liquor store and liquor -licensed drugstore licensees in accordance with this section and pursuant to Section 44-3-301, C.R.S. Within the Town, it is unlawful for any person or licensee to conduct tastings unless a permit has been obtained in accordance with this Section. The town clerk is authorized to issue tasting permits in accordance with the requirements of this section. B. A retail liquor store or liquor -licensed drugstore licensee that desires to conduct tastings shall submit an application for a tastings permit to the local licensing authority along with payment of a fifty dollar ($50.00) application fee. Except as provided in this paragraph, an application shall along with a renewal application fee of fifty dollars ($50.00) be submitted annually at the time of an applicant's liquor license renewal. For new Iicensees, the application and fee for a tastings permit may be submitted with the application for a new license or at any time during the first year of licensure. An application may also be submitted at a time other than the time of renewal; however, in such case, the permit shall expire at the next renewal date of the license and the permit fee shall not be prorated. The application shall be in the form required by the town clerk, and shall include a written control plan establishing how the applicant will conduct the tastings in compliance with the provisions of the Liquor Code and Town Code, and without creating a public safety risk to the neighborhood. The local licensing authority may reject the permit application if the applicant fails to establish that the licensee is able to conduct tastings without violating the provisions of this section or creating a public safety risk to the neighborhood. The local licensing authority may establish application procedures. for tastings permits. C. Tastings shall be subject to the following limitations: 1. Tastings shall be conducted only by a person who has completed a server training program that meets the standards established by the Liquor Enforcement Division of the Colorado Department of Revenue and who is a retail liquor store or liquor -licensed drugstore licensee, or an employee of a licensee, or a representative, employee, or agent of the licensed wholesaler, brewpub, distiller pub, manufacturer ,limited winery, importer, or vintner's restaurant promoting the alcohol beverages for the tastings and only on a licensee's licensed premises. 2. The alcohol used in tastings shall be purchased through a licensed wholesaler, licensed brew pub or winery licensed pursuant to Section 44-3-403, C.R.S., at a cost that is not less than the laid -in cost of such alcohol. 3. The size of an individual alcohol sample shall not exceed one ounce of malt or vinous liquor or one-half of one ounce of spirituous liquor. 4. Tastings shall not exceed a total of five hours in duration per day, which need not be consecutive. 5. Tastings shall be conducted only during the operating hours in which the licensee on whose premises the tastings occur is permitted to sell alcohol beverages, and in no case earlier than 11:00 a.m. or later than 9:00 p.m. 3 6. The licensee shall prohibit patrons from leaving the licensed premises with an unconsumed sample. 7. The licensee shall promptly remove all open and unconsumed alcohol beverage samples from the licensed premises or shall destroy the samples immediately following the completion of the tasting, or store any open containers of unconsumed alcohol beverages in a secure area outside the sale area of the licensed premises for use at a tasting conducted at a later time or date. S. The licensee shall not serve a person who is under twenty-one years of age or who is visibly intoxicated. 4. The licensee shall not serve more than four individual samples to a patron during a tasting. 10. Alcohol samples shall be in open containers and shall be provided to a patron free of charge. 11. Tastings may occur on no more than one hundred sixty-five days per year. 12. No manufacturer of spirituous or vinous liquors shall induce a licensee through free goods or financial or in -kind assistance to favor the manufacturer's products being sampled at a tasting. The licensee shall bear the financial and all other responsibility for a tasting. 13. The applicant for a tastings permit shall certify on the application that all persons serving alcohol at tastings have completed a server training program that meets the standards established by the Liquor Enforcement Division of the Colorado Department of Revenue. The licensee shall maintain a current roster of the names of the persons who have completed a server training and the dates on which such persons attended training. The licensee shall submit updated rosters and documentation to the Town as necessary to confirm that persons serving alcohol at tastings have received the requisite training. D. A violation of any requirement specified in this section, or of 44-3-301(10) C.R.S., or by a retail liquor store or liquor -licensed drugstore licensee, whether by the licensee, the licensee's employees or agents, or otherwise, or by a representative, employee, or agent of a licensed wholesaler, brew pub, manufacturer, limited winery, importer, or vintner's restaurant that promoted the alcohol beverages for the tastings is the responsibility of, and C.R.S. 44-3-801 applies to, the retail store or Iiquor licensed drug store licensee that conducted the tasting. 5.09.050 - Disturbances at licensed premises. A. It shall be unlawful for any licensee or any agent, manager or employee thereof to permit or in any manner encourage or participate in any unlawful or disorderly act, conduct or disturbance at the licensed premises; provided, however, that the licensee may use such lawful means as may be necessary to protect his or her person or property from damage or injury. B. Any licensee and any agent, manager or employee thereof shall immediately report to the Town's police department any unlawful or disorderly act, conduct or disturbance committed at the licensed premises. C. Each licensee shall post and keep at all times visible to the public in a conspicuous place on the premises a sign with a minimum height of fourteen inches and a minimum width of eleven inches with each letter to be a minimum of one-half inch in height, which shall read as follows: WARNING: THE TOWN OF FIRESTONE POLICE DEPARTMENT MUST BE IMMEDIATELY NOTIFIED OF ALL UNLAWFUL OR DISORDERLY ACTS, CONDUCT OR DISTURBANCES WHICH OCCUR ON OR WITHIN THE PREMISES OF THIS LIQUOR ESTABLISHMENT. D. It shall not be a defense that the licensee was not personally present on the premises at the time such unlawful or disorderly act, conduct or disturbance was committed; however, no agent, servant or employee of the licensee shall be held personally responsible for failing to report an unlawful or disorderly act, conduct or disturbance hereunder if such agent, servant or employee was absent from the premises at the time such activity was committed. E. Failure to comply with the requirements of this Section shall be considered in any action relating to the issuance, revocation, suspension or nonrenewal of a license or the cancellation, revocation or suspension of a temporary or special events permit. Section 2. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. Violations of this ordinance shall be punishable in accordance with as applicable the Colorado Liquor Code C.R.S. 44-3-101 et seq., Colorado Beer Code C.R.S. 44-4-101 et seq., Special Event Liquor Permits C.R.S. 44-5-101 et seq., and Section 1.16.010 of the Municipal Code of the Town of Firestone, Colorado. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 25" day of September, 2019. ATTEST: �A V'wmfa Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO 0 I® QD, AS TO FORM: WilliarYY ayashi, Town Attorney 5 ORDINANCE 958 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING SECTION 16.12.8 AND EXHIBIT C OF THE TOWN OF FIRESTONE DEVELOPMENT REGULATIONS AND SECTION 17.16.070 OF THE FIRESTONE MUNICIPAL CODE PERTAINING TO LANDSCAPING OF SINGLE- FAMILY RESIDENTIAL LOTS WHEREAS, water is increasingly becoming a rare commodity in the region; and WHEREAS, the Town of Firestone periodically experiences episodes of drought; and WHEREAS, the proposed amendment to the Town's landscaping requirements will allow residents to conserve water; and WHEREAS, the Town Board of Trustees has determined that the appearance and maintenance of front yard landscaping remains a matter of public interest and concern; and WHEREAS, the Town acknowledges that private restrictions and covenants may apply in addition to Town standards in regard to the individual use of artificial turf; and WHEREAS, the Town rinds that these proposed Code amendments are necessary to promote the public health, safety, and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AS FOLLOWS: I Section 1. Section 16.12.8, Single Family Residential Landscape Standards, of the Firestone Development Regulations is hereby amended, to read as follows: 16.12.8 Single Family Residential Landscape Standards The following are specific landscaping standards for single-family residential development. A. petable ,rater ^ ,ati n reasons, of as shown an an approved F-no For any new subdivision filing,as developed, seventy-five 75percent of the front yard, excluding driveways, walk -ways, porches and patios, shall consist of living plant material such as trees shrubs vines ground cover flowers or grass. Such landscaping materials must be installed._prior to the Town issuing a certificate of occupancy. If seed is used, then the seed must be significantly established prior to the Town issuing a certificate of occupancy. However, a certificate of occupancy may be issued by the Town prior to the seed being significantly established if an automatic sprinkler system has been installed with an electronic timer. Further, if weather conditions do not allow for installation of landscaping at the time a certificate of occupancy could otherwise be issued, then the Town Planner or the building official may grant an extension, not to exceed one hundred eighty days for doubl1 Additions to the current text of the Firestone Development Regulations and Code are indicated by e-, and deletions are indicated by laugh, the landscaping to be installed or seed to be significantly established. These requirements may be waived or reduced by the Town Board if 4 determines that such a requirement would be inappropriate based on relevant_ considerations including, but not limited to, the size of the lots or notable water conservation reasons or as specified in an approved FDP. B. For any new subdivision filing, there shall be a minimum of one tree of 2-inch caliper for each dwelling planted within the front yard of the dwelling. This requirement may be waived or reduced by the Town Board if it determines that such a requirement would be inappropriate based on the submitted landscape theme, for potable water conservation reasons, or as specified in an approved FDP Y Yopi Y , Artificial Turf Standards. l . Permitted location —Artificial turf shall be permitted in the rear yard and side ards of single-family dwellings per meeting the requirements of these re ulations. 2. General Standards a. Location materials appearance, installation and maintenance of artificial turf areas shall comply with all requirements of these development regulations. b. Artificial turf shall be natural in appearance and integrated into the overall landscape design. C. Turf material and aggcegate or infill materials shall not be toxic to humans or pets or be harmful to the environment. 3. Locations a. Artificial turf shall be limited to a maximum of seventy-five (75) percent of the rear or side yard area. A minimum of twenty (251 percent of the rear and side yard landscape area shall be -permeable surfaces with living and organic landscape material. The maximum area of artificial turf shall consider other impervious surfaces such as patios and walkways to ensure a minimum of twenty-five 25percent of the yard area remains a permeable surface with living and organic landscape material. b. A minimum of three 3 foot buffer comprised.. of permeable surfaces with living and or anic landscape material shall be required between the ed e of the artificial turf and any property line. C. Artificial turf shall not be installed on slopes greater than a five to one (5:1) slobe. _ d. Artificial turf placement, particularly under the dripline of trees, shall avoid negative impacts to trees at the time of placement and during the lifespan of the tree. 4. Materials a. The blade material shall be made of either lead-free polyethylene, polypropylene, vegetable based product or a blend of the three. Nylon or other plastic shall be prohibited. b. Backing i. The backing shall be of a lead-free polyethylene, polypropylene vegetable based product or a blend of the three. Felt backing is not permitted. ii. The backing shall be permeable with holes spaced in a uniform grid attern not to exceed four (4)inches by six (6) inches on center. C. Materials shall be protected with a minimum of an eight (8) year warranty. d. All materials shall be non-flammable. 5. Appearance a. Blade yarn colors shall mimic natural turf including green blade color! and include a tan thatch laver. b. Blade pile height shall be between one and three-quarters 1.75 inches and three (3) inches. C. File face weight shall be at least seventy (70) ounces. 6. Installation a. Artificial turf shall be installed in accordance with manufacturer specifications. b. The drainage pattern of the lot shall not be impeded or altered by the installation of artificial turf. C. Artificial turf shall be installed over a compacted and porous aggrMate base material that is a minimum of three (3) inches deep to allow for adequate drainage both horizontally and vertically and to prevent excessive runoff or pooling. Artificial turf shall not be installed over existing ass or compacted dirt. J. Artificial turf shall be anchored at all edges and seams. e. Artificial turf seams shall be taped or glued and not sewn. f. Artificial turf shall be seuarated from other landscape areas by a bender board, concrete curbingsimilar material to conceal edges of the turf. 1, 7. Maintenance a. Artificial turf shall be maintained in a manner to mimic healthy living turf. b. Artificial turf shall be cleaned as necessary and groomed to maintain its as pew C. Artificial turf areas shall not contain weeds. holes. tears. stains discolorations, seam separations, uplifted surfaces, heat degradation, depressions, odors excessive wear, or similar deformities and measures of deterioration. Damaged or worn areas shall be repaired or removed and replaced in manner that results in consistent appearance with the existing artificial turf. d. Artificial turf shall be replaced after the life expectancy has been reached. C. Infill material shall be a non -toxic antimicrobial material such as silica sand or acrylic coated sand to prevent odors and bacteria formation. Crumb rubber filler shall be prohibited. E D. Landscape improvements shall not commence on any lot prior to actual construction of the residential unit unless approved, in writing, by the Town Planner. Section 2. Exhibit C, "Definitions," of the Firestone Development Regulations is hereby amended by the addition of the following new term, to be inserted alphabetically, and by the addition to current term, "Landscaping," to read as follows: Artificial Turf— a manufactured substitute for organic turflawn, or sod which effectively simulates the appearance of a well -maintained lawn and meets all the quality, materials and installation standards outlined in the Development Regulations. Landscaping —Any combination of living plants, such as trees, shrubs, vines, ground cover, flowers or grass; natural features, such as rock, stone, bark chips or shavings; and structural features, including but not limited to fountains, reflecting pools, screening walls, fences and benches. In certain cases, as identified by the Development Regulations, artificial turf may be considered an allowable landscape material. Section 3. Sub -section 17.16.070(K), Additional standards for R-1, R-2 and R-3 districts and residential land use categories within PUD districts, of the Firestone Municipal Code is hereby amended to read follows: K. For any new subdivision filing, there shall be a minimum of one tree of one E^a .fflv r.ff'r ifi6h two- 2 inch caliper for each dwelling planted within the front yard of the dwelling. This requirement may be waived or reduced by the board if it determines that such a requirement would be inappropriate based on the submitted landscape theme, water conservations reasons, or as specified in an approved FDP. Section 4. Sub -section 17.16.070(L), Additional standards for R-1, R-2 and R-3 districts and residential land use categories within PUD districts, of the Firestone Municipal Code is hereby amended to read follows: L. For any new subdivision filing, as developed, seventy-five (75) percent_of the front va�rd fawn was, excluding driveways, walkways, porches and patios, shall €ren rd consist of living plant material such as trees, shrubs. vines; ground cover, flowers or gLass. &@4 Such Llandscaping materials must be installed prior to the Town issuing a certificate of occupancy.. a*d ilf seed is used r—atheor that; sa as part of such landscaping, then the seed must be significantly established prior to the Town issuing a certificate of occupancy. However, a certificate of occupancy may be issued by the Town prior to the seed being significantly established if an automatic sprinkler system has been installed with an electronic timer. Further, if weather conditions do not allow for installation of sed or the signi flea t establishment of seed landscaping at the time a certificate of occupancy could otherwise be issued, then the Town Planner or the building official may grant an extension, not to exceed one hundred eighty days, for the eed landscaping to be installed or seed to be significantly established. These requirements may be waived or reduced by the Town Board if it determines that such a requirement would be inappropriate based on relevant considerations including, but not limited to, the size of the lots or potable water conservation reasons or as specified in an approved FDP. Section 5. Sub -section 17.16.070(M), Additional standards for R-1, R-2 and R-3 districts and residential land use categories within PUD districts, of the Firestone Municipal Code is hereby repealed in its entirely, and the remaining sub -sections of Section 17.16,070 shall be renumbered accordingly. Section 6. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 7. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 25th day of September, 2019 TOWN OF FIRESTONE, COLORADO �-JONE �4' �.. ',I, &' \ a Bobbi Sindelar, Mayor ATTEST. �f0'•,•• •'°C,© Ua�uti'�` C��4 Leah Vanarsdall, Town Clerk APPR VED AS TO FORM: William N Hayashi, Town Attorney ORDINANCE 957 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, COLORADO, REPEALING IN ITS ENTIRETY SECTION 3.08.200 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE TURNER COMMONS ANNEXATION IMPROVEMENTS REIMBURSEMENT AGREEMENT WHEREAS, on October 26, 2011, the Board of Trustees ("Board") of the Town of firestone, ("Town") by Ordinance No. 790, enacted Section 3.08.200, "Tax Credit on Turner Commons Annexation" to implement the provisions of the Improvements Reimbursement Agreement (Turner Commons Annexation) between the Town and firestone Partners LLC ("Developer") which was approved by Resolution 11-31, adopted by the Board on October 26, 2011; and WHEREAS, in accordance with the Improvement Reimbursement Agreement ("IRA"), the Developer of the Turner Commons Annexation ("Project") upon the IRA's "Effective Date" was to become the fee owner of the Project's Property; and WHEREAS, in accordance with the IRA the "Effective Date" is the later of the Developer acquiring fee title to the Property or the recordation of the Property's annexation ordinance and map, which recordation was done by the Town with the Weld County Clerk and Recorder on March 26, 2012; and WHEREAS, the IRA set forth Conditions Precedent as to the "Effective Date" which included Developer's acquisition of the Property within one year of the Parties execution of the IRA, and WHEREAS, the Conditions Precedent further provide that the Town may terminate the IRA if Developer fails to acquire fee title to all the Property within one year after execution of the IRA; and WHEREAS, upon finding that Developer failed to meet the Condition Precedent of acquiring fee title to the Property within one year of execution of the IRA and that the IRA thus never became "Effective," the Board by Resolution 19-83, adopted on September 11, 2019 repealed Resolution 11-31 and terminated the IRA; and WHEREAS, the Board therefore desires to repeal in its entirety Section 3,08.200, Tax Credit Turner Commons Annexation, of the Firestone Municipal Code, which was to implement the now -terminated IRA. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF 'TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1, Section 3.08,200, Tax Credit Turner Commons Annexation, of the Firestone Municipal Code is repealed in its entirety. Section 2. If any article, section, paragraph, sentence, clause, or phrase of this 1 ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. Violations of this ordinance shall be punishable in accordance with Section 1,16.010 of the Firestone Municipal Code of the Town of Firestone. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED BY TITLE this 11 th day of September, 2019. ATTEST: a. Leah Vanarsdall, Town Clerk "I� •FORM: Williarlr�j� /IVAttorn 2 TO OF FI STONE, OLORADO Bo i Sinde , Mayor Ordinance 957: AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, REPEALING IN ITS ENTIRETY SECTION 3.08200 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE TURNER COMMONS ANNEXATION IMPROVEMENTS REIM- BURSEMENT AGREEMENT Introduced, Passed and Adopted this 11th day of September 2019 /s/Bobbi Sindelar, Mayor ATTEST: /s/Leah Yanarsdall, Town Clerk The complete text of the ordinance is available at Town Hall and on the Towns official website Pubils hed: Longmont Times Call September 15, 2019--€637533 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Boulder State of Colorado Tho undersigned, JD Geddes , being first duly sworn under oath, states and affirms as follows: 1. Helshe is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher ofthe Longmont Times Call. 2. The Longmont Times Call is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks in Boulder County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 24-70.103. 3. The notice that is attached hereto is a true copy, published in the Longmont Times Call in Boulder County on the following date(s): Sep 15, 2019 Subscribed ands m to me efore me this n j Ilil+,dayot L��f Notary P t ic MEESSA L NAENOTARY PUBLIC RA STATE OF COLORAD NOTARY ID 20064049936 MY COMMISSION EXPIRES DECEMBER 11, 022ISEALI 2 Account: 1061150 Ad Number: 1637533 Fee: $13.63 ORDINANCE 956 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, REPEALING IN ITS ENTIRETY ORDINANCE NO.789 REGARDING THE TURNER COMMONS VESTED RIGHTS AGREEMENT WHEREAS, on October 26, 2011,.the Board of Trustees ("Board") of the Town of Firestone, ("Town"), by Ordinance No. 788, approved a zoning request submitted by Firestone Partners LLC ('Developer") regarding certain real property annexed into the Town and known as the Turner Commons Annexation and an Outline Development Plan ("ODP") for such property; and WHEREAS, concurrent with the Turner Commons Annexation zoning request, Developer submitted to the Town a request for approval of an Overall Final Development Plan ("OFDP"), which the Board approved on October 26, 2011, by Resolution No. 11-30, subject to the Developer satisfying a number of conditions set forth on Exhibit A to Resolution No. 11-30, attached hereto and made a part of this ordinance; and WHEREAS, on October 26, 2011, the Board approved, by Ordinance No. 789, a Vested Rights Agreement ("VRA") between the Town and Developer of the Turner Commons Annexation ("Project"); and WHEREAS, the VRA granted the Project a vested property right in the land uses set forth in the Firestone 'Development Regulations for the PUD-RC zone district, designating such land uses as a "site development plan" as that term is used in, and for purposes of, C.R.S. § 24-68-101 et seq., the Vested Rights Statute, for a period of nine (9) years from the "Effective Date" of the VRA; WHEREAS, in accordance with the VRA the "Effective Date" is the later of the Developer acquiring fee title to the Property or the recordation of the VRA, neither of which has occurred as of the date of this ordinance; and WHEREAS, the VRA also set forth a condition precedent as to the effectiveness of the VRA, the establishment of the Site Development Plan, and the vesting of property rights in the Project, which includes approval and effectiveness of the OFDP, and which if not met would render the VRA null and void and result in a forfeiture of vested property rights for the Project; and WHEREAS, the Weld County Clerk and Recorders Office records show that at the date of the approval of the VRA, (October 26, 2011) the Property was owned by RJ Holdings, LLC, Fahrenholtz Ronald L. Revocable Trust until sold to the current owner, Fahrenholtz Ronald L. Trust, on December 12, 2016; and WHEREAS, additionally the Developer in accordance with the records of the Colorado Secretary of State, effective July 10, 2012, voluntarily relinquished its authority to transact business or conduct activities in the State of Colorado; and WHEREAS, upon finding that the Developer failed to satisfy the conditions precedent necessary for the approval`and effectiveness of the OFDP, the Board by Resolution No. 19-82, adopted on 1 September 11, 2019, repealed Resolution I 1-30 and the OFDP for the Project. WHEREAS, because the OFDP for the Project is null and void, the Board finds and determines that the VRA can never become effective; and WHEREAS, because Developer is no longer an existing, legal entity, the Board further finds and determines that Developer can never execute the VRA and, thus, the "Effective Date" of the VRA can never occur; and WHEREAS, the Board therefore desires to repeal in its entirety Ordinance No. 789, which approved the VRA. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Ordinance No. 789 is hereby repealed in its entirety, thereby terminating the Vested Rights Agreement between the Town of Firestone and Firestone Partners LLC. Section 2. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. Violations of this ordinance shall be punishable in accordance with Section 1.16.010 of the Firestone Municipal Code of the Town of Firestone. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED BY TITLE this 11"' dU_,,f September, 2019. T. N OF FI STONE, COLORADO 4�66 \� IM& 13669i Sindel r ayor ATTEST: `lO°•..,,,. .�',�C'� Leah Vanarsdall, Town Clerk MD AS TO FORM: William Hayashi, Town Attorney ordinance 956: AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, REPEALING IN IT5 ENTIRETY ORDINANCE NO. 789 REGARDING THE TURNER COMMONS VESTED RIGHTS AGREEMENT Introduced, Passed and Adopted this 11th day of 5eptember 2019 /s/Bobbi Sindelar, Mayor ATTEST: /s/Leah Vanarsdail, Town Clerk The complete tent of the ordinance Is available at Town Hall and on the Town's official website Published: Longmont Times Call September 15, Z019--1637532 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Boulder State of Colorado The undersigned, _JD Geddes , being first duly sworn under oath, states and affirms as follows: 1. Helshe is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Longmont Times Call. 2. The Longmont Times Call is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks in Boulder County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 24-70-103. 3. The notice that is attached hereto is a true copy, published in the Longmont Times Calf in EtoulderCounty on the following date(s): Sep 15, 2019 mbed'ands o tom before me this y o .P�t� Aam. Notary f6ic MELISSA L NAJERA ARY PUBLIC STATETOF COLORADNOTARY ID 2006404993 My COMMISSION EXPIRES DECEMBER 11, 2022 {SEAL) Account: 1051150 Ad Number: 1637532 Fee: $12.76 im ORDINANCE 955 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING SECTION 1.16.010 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE MUNICIPAL CODES GENERAL PENALTY WHEREAS, HB 19-1148 enacted in this year's legislative session reduced the maximum jail sentence for municipal ordinance violations from one year to 364 days; and WHEREAS, the maximum fine amount for violation of municipal offenses is set forth in C.R.S. § 13-10-113, which amount is adjusted for inflation on a yearly basis; and WHEREAS, in accordance with C.R.S. § 13-10-113 a municipal judges authority to incarcerate a juvenile is limited as to specified terms and conditions not to exceed 48 hours in juvenile detention facilities operated under contract with the Colorado Division of Youth Services; and WHEREAS, the rules for issuance of a summons and complaint for municipal court and all other procedural matters are set forth in the Colorado Municipal Court Rules which govern the procedure in all municipal charter and ordinance violation cases. (C.M.C.R. Rule 201); and WHEREAS, to ensure compliance with the above referenced statutes and rules it is necessary to amend the general penalty provision of the municipal code. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 1.16.010, General penalty, of the Firestone Municipal Code is amended to provide as follows: A. No person shall violate any of the provisions of the ordinances of the Town. Except in cases where a different punishment is prescribed by any ordinance of the Town, any person, at least ten years of age but not yet eighteen years of age, who violates any of the provisions of the ordinances of the Town, shall be punished by a fine not exceeding, at the time of the commission of the offense, the maximum fine established by the state for municipal ordinance violations. B. No person shall violate any of the provisions of the ordinances of the Town. Except in cases where a different punishment is prescribed by any ordinance of the Town, any person eighteen years of age or older at the time of the violation, who violates any of the provisions of the ordinances of the Town, shall be punished by a fine not exceeding, at the time of the commission of the offense, the maximum fine established by the state for municipal ordinance violations or by imprisonment not to exceed 364 days, or both such fine and imprisonment. C. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Firestone, Colorado, is committed, continued or permitted by any such person, and he or she shall be punished accordingly. I Section 2. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. l Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL July, 2019. Q��jpWN.~ 4' 0 :p �; �� ° i < (n b ! O k ATTEST: caUlV� ` G Y `V Leah Vanarsdall, Town Clerk 1�1 AS TO FORM: Town Attorney Ordinance 955. AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE. COLORADO, AMENDING SECTION 1.16. 01D OF THE FIRESTONE MUNICIPAL CODE REGARDING THE MUNICI- PAL, CODES GENERAL PENALTY Introduced, Passed and Adopted this 14th day of July 2019 /s/Bobbi Sindelar, Mayor ATTEST: /s/Leah Vanarsdall, Town Clerk The complete text of the ordinance is available at Town Hall and on the Town's official website Published: Longmont Times Call July 30, 2019--1621306 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Boulder State of Colorado The undersigned, JD Geddes , being first duly sworn under oath, states and affirms as follows: 1. He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Longmont Times Call. 2. The Longmont Times Call is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks in Boulder County and meets the legal requisites for a legal newspaper under Colo. Rev. Slat. 24.70-103. 3. The notice that is attached hereto is a true copy, published in the Longmont Times Call in Boulder County on the following date(s): Jul 30, 2019 Subsc ib d and swor me before me this day of Notary Pub Ic MELISSA L NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20064049936 (SEAL) MY COMMISSION EXPIRES DECEMBER 11, 2022 Account: 1051150 Ad Number: 1621306 Fee: $12.76 0E ORDINANCE NO. q 5 Y AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY INTERESTS NECESSARY TO PROVIDE, OPERATE AND MAINTAIN A WATER PIPELINE FOR THE CONVEYANCE OF WATER WHEREAS, the Town of Firestone ("Town") possesses the power of eminent domain pursuant to the provisions of C.R.S. §§ 31-15-708(l)(b), 31-35-402(1)(a), and 38-1-202(1)(e) to acquire an easement in the real property described herein for the purposes of constructing, locating, maintaining, operating, repairing and replacing a water pipeline and other appurtenant structures and facilities for the conveyance and distribution of water as part of the Town's public water system; and WHEREAS, the Town, in carrying out its functions and in order to deliver water services, finds it is necessary for the Town to acquire a perpetual, non-exclusive easement (the "Property Rights") over, across and under certain real property, as more particularly described on Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the Town will negotiate in good faith for the acquisition of the Property Rights from the owner(s) thereof; and WHEREAS, the Board of Trustees finds and determines that the acquisition of an easement for the aforementioned purposes enhances the public health, safety and welfare of the community by providing needed water facilities and additional water supply capacity, thereby providing an improved level of service for users of the Town's water system; and WHEREAS, the Board of Trustees finds and determines that the acquisition of the Property Rights is desirable and necessary for the Town to provide public water services and facilities, and is essential to protect and preserve the health, safety, welfare and convenience of the Town's citizens; WHEREAS, the Town is a statutory town organized and existing pursuant to the provisions of the Colorado Revised Statutes, and is vested with the power of eminent domain pursuant the provisions of the Colorado Revised Statutes; and WHEREAS, the Town is authorized under C.R.S. §§ 31-15-708(1)(b), 31-35-402(1)(a), and 38-1- 202(1)(e) to use the power of eminent domain to acquire the Property Rights, and the acquisition of the Property Rights may, by law, be accomplished through eminent domain. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. The Board of Trustees hereby finds and determines that it is necessary in the public interest to acquire the Property Rights described in Exhibit A, attached hereto and made a part hereof, for the Town to provide public water services and facilities, and hereby declares its intent to acquire the Property Rights for the public purpose of providing, operating, and maintaining a water pipeline and for the conveyance and distribution of potable water, which include, multi -use paths, sidewalks, ADA curb ramps, enhanced bicycle and pedestrian crossings and signalized intersections with lighting and pedestrian activated signage. Section 3. The Board of Trustees hereby authorize the Town Attorney and other appropriate Town staff and consultants to take all necessary steps, as required by all applicable laws, rules, regulations and requirements, to acquire the Property Rights for the Town, including without limitation, good faith negotiations with the owner of the Property Rights, or their representative(s), and the initiation of legal proceedings, including eminent domain or other legal actions, if required, for such acquisition. Section 4. The Town Manager and Town Attorney are further authorized to incur reasonable costs associated with acquiring the Property Rights, including, without limitation, compensation for the Property Rights, the cost of title examination, title insurance, appraisal fee payments, normal closing costs, filing fees and charges, legal fees, and all other related or incidental costs or expenses customarily associated with the quiet title, acquisition or condemnation of the Property Rights. Section S. The Town Manager, or his designee, is authorized to hereafter amend the terms, conditions or legal description of, or to clarify the nature and extent of the Property Rights to be acquired. Section 6. The Board of Trustees further find -that, in the event acquisition by eminent domain of the Property Rights is commenced, immediate possession is necessary for the public health, safety and welfare. Section 7. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 8. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this Qth day of 12019. �IKEST�, f rowly - �. _ 0Z ATTEST: Ac IIImij...'W411, ko", � Leah Vanarsdall, Town Clerk T OFF STONE, COLORADO . -K" . 1km I � I Bdbi Sinde , Mayor AP RO D S TO FORM: Willi Hayashi, Town Attorney 2 EXHIBIT A DESCRIPTION OF PERMANENT EASEMENT A STRIP OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6r" P.M., COUNTY OF WELD, TOWN OF FIRESTONE, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 20, FROM WHICH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20 BEARS N00° 41' 55"W (BASIS OF BEARING); THENCE NOW 41' 55"W, 308.51 FEET ALONG SAID SOUTHWEST LINE TO A POINT ON SOUTH PROPERTY LINE OF THE PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NUMBER 4284609; SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING FOUR (4) COURSES; N00° 41'55"W 101.97 FEET ALONG THE SOUTHWEST QUARTER OF SAID SECTION 20 TO A POINT ON THE NORTH PROPERTY LINE OF SAID PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NUMBER 4284609; THENCE S790 24'55"E 61.18 FEET ALONG THE NORTH PROPERTY LINE OF SAID PARCEL; THENCE S00° 41' 55"E 101.97 FEETTO A POINT ON THE SOUTH PROPERTY LINE OF SAID PARCEL; THENCE N79° 24' 55"W 61.18 FEET ALONG THE SOUTH PROPERTY LINE OF SAID PARCEL TO THE POINT OF BEGINNING. AREA = 6,118 SQUARE FEET (0.140 ACRES), MORE OR LESS. W 114 COR. SEC 20 T2N, R6TvV, 6TH PM so 4G G� S 79°24'55" E 61.18' �9 N 00°41'55" W 101.97'-",� EXHIBIT A LEGEND LIMITS OF PERMANENT EASEMENT ,d 9 l ul ti0 yeti c I I so I OG GT I �ti I �61 I i 00°41'55" W 0. A POINT OFF I�-N 79°24'55" W. 609 �O BEGINNING I 1 61.18' I I II �� WEST LINE OF SE i OF SEC. 21 Iq NOO° 41' 55"W 2630.69 o (BASIS OF SEARING) I I °p 6Q9'Q o Q`7 I I G o0 Z � I ors F POINT OF COMMENCEMENT SW COR. SEC 20 T2N, R67W, 6TH PM I I GRAVTA VE. 0 100 200 1 1. 50' PETROLEUM.' PIPEL INE EASEMENT AMOCO PRODUCTION CO. BK. 769, REC. 1691207 2. 30' WATER LINE EASEMENT CENTRAL WELD COUNTY WATER DIST.BK. 710, REC. 1632344. 3. 25'PIPELINEEASEMENT INDUSTRIAL GAS SERVICES INC. BK 701 REC. 1622693 state 1"= 100' feet Ordinance,,1„54; AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLOR.ADO, AUTHORIZING THE ACQUISI- TION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY INTER- ESTS NECESSARY TO PROVIDE, OPERATE AND MAINTAIN A WATER PIPELINE FOR THE CONVEYANCE OF WATER Introduced, Passed and Adopted this loth day of July 2019 /s/Bobbi Sindelar, Mayor ATTEST: /s/Leah Vanarsdail, Town Clerk The complete text of the ordinance is available at Town Hall and on the Town's official website Published: Longmont Times Call Ju€y 14, 2019--1616773 i Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Boulder State of Colorado The undersigned, JD Geddes . being first duly sworn under oath, states and affirms as follows: 1. He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Longmont Times Call. Z The Longmont Times Call is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks In Boulder County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 24-70-103, 3. The notice that is attached hereto is a true copy, published in the Longmont Times Call In Boulder County on the following date(s): Jul 14, 2019 ",W? Signature Subs cribed and sworn to me before me this of (:�"/ Notary ublic MELISSA L NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20064049936 (SEAL) MY COMMISSION EXPIRES DECEMBER 11, 2022 Account: 1051150 Ad Number: 1616773 Fee: $13.63 un ORDINANCE 953 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING CHAPTER 9 OF THE FIRESTONE MUNICIPAL CODE REGARDING MARIJUANA OFFENSES WHEREAS, it has come to the attention of the Board of Trustees that the provisions of the Firestone Municipal. Code ("Code") regarding possession of marijuana and drug paraphernalia must be updated to ensure compliance with the applicable laws regarding medical and retail marijuana; and WHEREAS, the Board of Trustees also desires to amend the Code to expressly prohibit the public consumption of marijuana and as provided by state law prohibit open containers of marijuana in motor vehicles and have all such offenses be subject to the Code's general penalty provision. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO:' Section 1. Section 9.32.030 of the firestone Municipal Code is hereby repealed and reenacted, to provide as follows: 9.32.030 -- Public consumption of marijuana prohibited. A. It shall be unlawful for any person to knowingly consume or use marijuana, in any place that is commonly or usually open to the general public, being either public or private property, and including but not limited to, parks, trails, athletic fields, playgrounds, sidewalks, streets, public rights -of -way, common areas of private and public buildings and facilities and places of business to which the public is invited in or in which the public is permitted. For purposes of this chapter, marijuana shall have the same meaning as in section 16(2)(f) of article XVIII of the state constitution and "places of business to which the public is invited in or in which the public is permitted," shall include but not be limited to, retail food production or marketing establishments, restaurants, taverns, banks, commercial establishments, theatres, waiting rooms, reception areas, meeting rooms, educational facilities,libraries, recreational facilities, health care facilities, facilities providing live music or sporting events, and public transportation facilities. ' Additions to the current text of the Code are indicated b}iunderlinin , and deletions are indicated by stFikegff aug13. Section 2. Section 9.32.050 of the Firestone Municipal Code is amended to provide as follows: 9.32.050 - Possession of drug paraphernalia. A. it is an off-ense to possess drug par-aphemalia undeF eir-eiHnstanees where the possessor kivv:" abl should k that the drug .h al eauld be used in vielation of the laws of Color-ade or- the er-dinances of the toN". it shall be unlawful for any person to knowingly possess drug paraphernalia. B. As used in this see chapter, "drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use or designed for use in the plaRting, prepaguting,eultivating,gFewing, har-. esting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the laws of Colorado or the ordinances of the town. "Drug paraphernalia" includes, but is not limited to: 1. Testing equipment used, intended for use or designed for use in identifying the strength, effectiveness or purity of controlled substances under circumstances in violation of the laws of Colorado; 2. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances; 43. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances; -54. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances; 65. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances-, or 46. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing — �peaea ne,hashish er- hashish e4 a controlled substance into the human body, such as: 2 a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, i-.ashish b or punctured metal bowls; b. Water pipes; c. Carburetion tubes and devices; d. Smoking and carburetion masks; M. Y fe. Miniature cocaine spoons or cocaine vials; or g_f. Chamber pipes, carburetor pipes, electric pipes, air - driven pipes, chillums, bongs or chillers. C. Notwithstanding any1hing in this chapter to the contrary, "drug arm hemalia" does not include any marijuana accessories as defined in section 16(2)(g) of article XVIII of the state constitution, if possessed or used by any person twenty-one years or older or who is otherwise lawfully permitted to possess or use marijuana. GD. In determining whether an object is drug paraphernalia, the following factors, in addition to all other relevant factors, may be considered: 1. Statements by an owner or by anyone in control of the object concerning its use; 2. The proximity of the object to controlled substances; 3. The existence of any residue of controlled substances on the object; 4. Direct or circumstantial evidence of the knowledge of an owner, or of anyone in control of the object, or evidence that such person reasonably should know, that it will be delivered to persons who he knows or reasonably should know, could use the object to facilitate a violation of the laws of Colorado or the ordinances of the town; 5. Instructions, oral or written, provided with the object concerning its use; 3 b. Descriptive materials accompanying the object which explain or depict its use; 7. National or local advertising concerning its use; 8. The manner in which the object is displayed for sale; 9. Whether the owner, or anyone in control of the object, is a supplier of like or related items in the community for legal purposes, such as an authorized distributor or dealer of tobacco products; 10. The existence and scope of legal uses for the object in the community; and 11. Expert testimony concerning its use. PE. As used in this section, "controlled substance" means a drug or other substance or an immediate precursor which is declared to be a controlled substance under Part of Ai4iele 22 of Title 12 Part 2 of Article 18 of Title 18, Colorado Revised Statutes, as may be amended from time to time. as said part existed in Vol>>mn S (1 985 Replace .�.tVol..me) of said Stat u+ol. an yr, the 1999 G 1 +' Y V1U111V J 111 VJ 1\Vl.J1NVV111Vl11 Volume) Section 3. Section 9.32.080, "Open marijuana container ---Motor vehicle prohibited," of the Firestone Municipal Code is enacted to read as follows: 9.32.080 - Open marijuana container —Motor vehicle prohibited A For the purposes of this section, the following_ words and phrases shall mean as follows unless otherwise specified: 1. Motor vehicle shall mean a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways but does not include a vehicle operated exclusively on a rail or rails. 2. Motor home means a vehicle desi _ng__ed._to provide temporary living uarters and which is built into an integral part of or a permanent attachment to a motor vehicle chassis or van. 3. Open mariivano container means a receptacle or marijuana accessory that contains any amount of marijuana and: a. That is open or has a broken seal; b. The contents of which are partially removed; or c. There is evidence that marijuana has been consumed within the motor vehicle. 4 4. Passenger area means the area designed to seat the driver and passengers, including seating behind the driver, while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his or her seating osition includin but not limited to the glove compartment. S. Trailer coach means a wheeled vehicle having an overall length, excluding towing ear and bumpers of not less than twenty-six 26 feet without_ motive power, that is designed and generally and commonly used for occupancy by persons for residential purposes, in temporary locations, and that may occasionally be drawn over the public highways by a motor vehicle and is licensed as a vehicle. B. Except as otherwise permitted in paragraph (1) of this subsection (b), a person while in the passenger area of a motor vehicle that is on a public street or roadway, or the right-of-way of a public street or roadway ma not knowingly: 1. Use or consume marijuana; or 2. Have in his or her possession an open marijuana container. _ C. The provisions of this section shall not apply to: 1. Passengers, other than the driver or a front seat assen er located in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation-, 2. The possession by a passenger, other than the driver or a front seat passenger, of an open marijuana container in the living quarters of a motor home, or trailer coach, 3. The possession of an open marijuana container in the area behind the last upright seat of a motor vehicle that is not equipped with a trunk, or 4. The possession of an open marijuana container in an area not normally occupied by the driver of a passenger in a motor vehicle that is not equipped with a trunk. Section 4. 1f any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. Violations of this ordinance shall be punishable in accordance with Section 16.010 of the Municipal Code of the Town of Firestone, Colorado. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 26' day of June, 2019. ATTEST: -4Avwjd# — Leah Vanarsdall, Town Clerk F\R ov If6VVN m } o APP TO D AS FORM: 0a Y' WilliarkWayashi, Town Attorney no TOWN OF FIRESTONE, COLORADO Otdinance._95;;, AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING CHAPTER 9 OF THE F€RESTONE MUNICIPAL CODE REGARDING MARIJUANA OFFENS- ES Introduced, Passed and Adopted this 26th day of tune 2019 /s/Bobbi Sindelar, Mayor ATTEST: /s/Leah Vanarsdall, Town Clerk The complete text of the ordinance is available at Town Hall and on the Town's official website Published: Longmont Times Call July 3, 2019--1613678 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Boulder State of Colorado The undersigned, _JD Geddes , being first duly sworn under oath, states and affirms as follows: 1, He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher ofthe Langmonf Times Call. 2. The Longmont Times Call is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks in Boulder County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 24-70-103. 3. The notice that is attached hereto is a true copy, published in the Longmont Times Call in Boulder County. on the following date(s): Jul 3, 2019 S scribed and sworn to me befor me this day of v �r Notary P blic MELISSA L NAJERA NOTARY PUBLIC STATE OF COLORADO MY CQMMISSIN ION EXPIRES 0 CEMSER 11, 2022 (SEAL) Account: 1051150 Ad Number: 1613678 Fee: $12.76 nF ORDINANCE NO. 952 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY BY THE TOWN OF A SITE LEASE AGREEMENT AND A LEASE PURCHASE AGREEMENT AND RELATED DOCUMENTS IN CONNECTION WITH THE FINANCING OF THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS. WHEREAS, the Town of Firestone, Colorado (the "Town") is a statutory town duly organized and existing under the Constitution and laws of the State of Colorado (the "State"); and WHEREAS, the members of the Board of _Trustees of the Town (the "Board") have been duly elected and qualified; and WHEREAS, the Town is authorized by Section 31-15-101(1)(d), Colorado Revised Statutes ("C.R.S."), to acquire, hold, lease, and dispose of property, both real and personal; and WHEREAS, the Town is authorized by Section 31-15-713 (1)(c), C.R.S. to lease any real estate, together with any facilities thereon, owned by the Town when deemed by the governing body to be in the best interest of the Town; and WHEREAS, the Town is authorized by Section 31-15-801, C.R.S., to enter into rental or leasehold agreements in order to provide necessary land, buildings, equipment and other property for governmental or proprietary purposes; and WHEREAS, the Board has determined and now hereby determines that it is in the best interests of the Town and its inhabitants to finance the acquisition and construction of certain improvements to the existing Town Hall facility (the "Town Hall Project"), the acquisition and construction of improvements to the public works facility, and the acquisition of certain telecommunication equipment improvements and other improvements to certain other Town owned facilities (the "Improvement Project" and, collectively with the Town Hall Project, the "Project"); and WHEREAS, the Board has determined and now hereby determines that it is in the best interests of the Town to provide for the financing of the Project by entering into a lease purchase financing as hereinafter provided; and WHEREAS, the existing Town Hall facility is located on certain real property owned in fee title by the Town (the "Site") and the Town Hall Project will also be located on the Site; and WHEREAS, the Board has determined and hereby determines that it is in the best interests of the Town and its inhabitants to provide for the financing of the acquisition, 1 construction and installation of the Project as follows: (a) the Town will lease the Site, the existing Town Hall facility and the Town Hall Project to UMB Bank, n.a., as trustee (the "Trustee"), pursuant to a Site Lease (the "Site Lease"); (b) the Town Hall Project will be acquired, constructed and installed on the Site by the Town with a portion of the net proceeds of the Certificates (hereinafter defined); (c) the Improvement Project will be constructed at various Town facilities with a portion of the net proceeds of the Certificates; (d) the Trustee will sublease the Site, the existing Town Hall facility and the Town Hall Project (collectively, the "Leased Property") to the Town pursuant to a Lease Purchase Agreement between the Town and the Trustee (the "Lease"); and (e) the Improvement Project will be owned by the Town and will not be subject to the Site Lease or the Lease; and WHEREAS. pursuant to the Lease, and subject to the right of the Town to terminate the Lease and other limitations as therein provided, the Town will pay certain Base Rentals and Additional Rentals (as such terms are defined in the Lease) in consideration for the right of the Town to use the Leased Property; and WHEREAS, the Town's obligation under the Lease to pay Base Rentals and Additional Rentals shall be from year to year only; shall constitute currently budgeted expenditures of the Town; shall not constitute a mandatory charge or requirement in any ensuing budget year beyond a budget year during which the Lease shall be in effect; and shall not constitute a general obligation or other indebtedness or a multiple fiscal -year financial obligation of the Town within the meaning of any constitutional or statutory limitation or requirement concerning the creation of indebtedness, or a multiple fiscal -year financial obligation, nor a mandatory payment obligation of the Town in any ensuing fiscal year beyond any fiscal year during which the Lease shall be in effect; and WHEREAS, in connection with the execution and delivery of the Site Lease and the Lease, the Trustee will execute and deliver an Indenture of Trust (the "Indenture") pursuant to which there will be executed and delivered certain certificates of participation (the "Certificates"), which proceeds of the Certificates will be used to finance the Project. The Certificates will be dated as of their date of delivery, shall evidence proportionate interests in the right to receive certain Revenues (as defined in the Lease), shall be payable solely from the sources therein provided and shall not directly or indirectly obligate the Town to make any payments beyond those appropriated for any fiscal year during which the Lease shall be in effect; and WHEREAS, the net proceeds of the Certificates, together with other available money of the Town, will be used to finance the acquisition, construction and installation of the Project; and WHEREAS, it is expected that the Certificates shall be purchased by JPMorgan Chase Bank, N.A., which is (a) an "accredited investor," as defined in Rule 501(1), (2), (3) or (7) of Regulation D promulgated under the Securities Act of 1933, as amended (an "Institutional Accredited Investor") or (b) a "qualified institutional buyer," as defined in Rule 144A promulgated under the Securities Act of 1933, as amended (a "Qualified Institutional Buyer"), which such purchaser to be specified in a sale certificate setting forth the final terms subject to the parameters set forth in this Ordinance; and 0) WHEREAS, there has been presented to the Board and are on file with the Town Clerk of the Town (the "Town Clerk") the following: (i) the proposed form of the Site Lease; and (ii) the proposed form of the Lease; and WHEREAS, capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Lease and the Site Lease; and WHEREAS, Section 11-57-204 of the Supplemental Public Securities Act, constituting Title 11, Article 57, Part 2, C.R.S. (the "Supplemental Act"), provides that a public entity, including the Town, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLOR -ADO: Section 1. Ratification and Approval of Prior Actions. All action heretofore taken (not inconsistent with the provisions of this Ordinance) by the Board or the officers, agents, or employees of the Board or the Town relating to the Site Lease, the Lease, the acquisition, construction and installation of the Project, and the execution and delivery of the Certificates is hereby ratified, approved, and confirmed. Section 2. Finding of Best Interests. The Board hereby finds and determines, pursuant to the Constitution and the laws of the State of Colorado, that the acquisition, construction and installation of the Project and the financing of the costs thereof pursuant to the terms set forth in the Site Lease and the Lease, are necessary, convenient, and in furtherance of the Town's purposes and are in the best interests of the Town, and the Board hereby authorizes and approves the same. Section 3. Acknowledgement of the Indenture and the Certificates. The Board hereby acknowledges: (a) the Trustee will execute and deliver the Indenture; (b) the assignment and delivery by the Trustee pursuant to the Indenture of proportionate undivided interests in the Trustee's right to receive certain Revenues payable under the Lease, as represented by the Certificates; (c) the execution and delivery of the Certificates by the Trustee pursuant to the Indenture in the form attached to the Indenture; and (d) all other documents and actions related thereto, provided that such actions and documents comply with the parameters set forth in Section 4 hereof. Section 4. Supplemental Act; Parameters. The Board hereby elects to apply all of the Supplemental Act to the Site Lease and the Lease and in connection therewith delegates to each of the Mayor of the Town (the "Mayor") and the Town Manager of the Town (the "Town Manager") the independent authority to make any determination delegable pursuant to Section 11-57-205(1)(a-i) of the Supplemental Act in relation to the Site Lease and the Lease, and to execute a sale certificate (the "Sale Certificate") setting forth such determinations, including without limitation, the term of the Site Lease, the term of the Lease, the maximum rental amount to be paid by the Town pursuant to the Lease, and whether the Certificates will be secured by an assurance of payment, subject to the following parameters and restrictions: (a) the Site Lease Term shall not extend beyond December 31, 2039; 3 (b) the aggregate principal amount of the Base Rentals payable by the Town pursuant to the Lease shall not exceed $5,585,000; (c) the maximum annual and maximum total repayment amounts of the Base Rentals payable by the Town pursuant to the Lease shall not exceed $670,000 and $7,000,000 respectively; (d) the Lease Term shall not extend beyond December 31, 2029; and (e) the interest rate on the interest component of the Base Rentals relating to the Certificates shall not exceed 3.25%. Pursuant to Section 11-57-205 of the Supplemental Act, the Board hereby delegates to each of the Mayor, the Town Manager and the Town Finance Director the independent authority to select a purchaser, to sign a contract for the purchase of the Certificates, or to accept a binding bid for the Certificates and to execute any agreement or agreements in connection therewith. The delegation set forth in this Section 4 shall be effective for one year following the date hereof. The Board hereby agrees and acknowledges that the net proceeds of the Certificates will be used to finance the costs of acquiring, constructing and installing the Project. Section 5. Approval of Documents. The Site Lease and the Lease, in substantially the forms on file with the Town Clerk, are in all respects approved, authorized, and confirmed. The Mayor is hereby authorized and directed to execute and deliver the Site Lease and the Lease, for and on behalf of the Town, in substantially the forms and with substantially the same contents as on file with the Town Clerk, provided that such documents may be completed, corrected, or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Ordinance. The execution of the Site Lease and the Lease by the Mayor shall be conclusive evidence of the approval by the Board of such documents in accordance with the terms hereof and thereof. Section 6. Direction to Act. The Town Clerk is hereby authorized and directed to attest all signatures and acts of any official of the Town in connection with the matters authorized by this Ordinance and to place the seal of the Town on any document authorized and approved by this Ordinance. The Mayor, the Mayor Pro-Tem, the Town Manager, the Controller, the Town Clerk, the Town Attorney and other appropriate officials or employees of the Town are hereby authorized and directed to execute and deliver for and on behalf of the Town, any and all additional certificates, documents, instruments, and other papers, and to perform all other acts that they deem necessary or appropriate, in order to implement and carry out the transactions and other matters authorized by this Ordinance. The approval hereby given to the various documents referred to above includes an approval of such additional details therein as may be necessary and appropriate for their completion, deletions therefrom and additions thereto as may be approved by bond counsel prior to the execution of the documents. The execution of any document or instrument by the aforementioned officials or employees of CI the Tow or members of the Board shall be conclusive evidence of the approval by the Board of such document or instrument in accordance with the terms hereof and thereof. Section 7. No General Obligation Debt. No provision of this Ordinance, the Site Lease, the Lease, the Indenture, or the Certificates shall be construed as creating or constituting a general obligation or other indebtedness or multiple fiscal -year financial obligation of the Town within the meaning of any constitutional or statutory provision, nor a mandatory charge or requirement against the Town in any ensuing fiscal year beyond the then current fiscal. year. The Town shall not have any obligation to make any payment with respect to the Certificates except in connection with the payment of the Base Rentals and certain other payments under the Lease, which payments may be terminated by the Town in accordance with the provisions of the Lease. The Certificates shall not constitute a mandatory charge or requirement of the Town in any ensuing fiscal year beyond the then current fiscal year, and shall not constitute or give rise to a general obligation or other indebtedness of the Town within the meaning of any constitutional or statutory debt limitation and shall not constitute a- multiple fiscal -year direct or indirect Town debt or other financial obligation whatsoever. No provision of the Site Lease, the Lease, or the Certificates shall be construed or interpreted as creating an unlawful delegation of governmental powers nor as a donation by or a lending of the credit of the Town within the meaning of Sections 1 or 2 of Article XI of the Colorado Constitution. Neither the Site Lease, the Lease, nor the Certificates shall directly or indirectly obligate the Town to make any payments beyond those budgeted and appropriated for the Town's then current fiscal year. Section S. Reasonableness of Rentals. The Board hereby determines and declares that the Base Rentals due under the Lease, in the maximum amounts authorized pursuant to Section 4 hereof, constitute the fair rental value of the Leased Property and do not exceed a reasonable amount so as to place the Town under an economic compulsion to renew the Lease or to exercise its option to purchase the Trustee's interest in the Leased Property pursuant to the Lease. The Board hereby determines and declares that the period during which the Town has an option to purchase the Trustee's interest in the Leased Property (i.e., the entire maximum term of the Lease) does not exceed the useful life of the Leased Property and does not exceed thirty years as required by Section 31-15-801 C.R.S. The Board hereby further determines that the construction, acquisition and installation of the Project with the net proceeds of the Certificates and the payment of the costs of issuance in connection therewith, as further set forth in the Site Lease and the Indenture, is reasonable consideration for the leasing of the Leased Property to the Trustee for the term of the Site Lease as provided therein. 5 Section 9. No Recourse against Officers and AjZents. Pursuant to Section i 1- 57-209 of the Supplemental Act, if a member of the Board, or any officer or agent of the Town acts in good faith, no civil recourse shall be available against such member, officer, or agent for payment of the principal, interest, or prior redemption premiums on the Certificates. Such recourse shall not be available either directly or indirectly through the Board or the Town, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. By the acceptance of the Certificates and as a part of the consideration of their sale or purchase, any person purchasing or selling the Certificates specifically waives any such recourse. Section 10. Remedies. The Trustee or the owners of the Certificates shall be entitled to enforce the contracts, covenants, obligations or conditions of the Town under this Ordinance, the Site Lease or the Lease by any legal or equitable remedy deemed most effectual, including mandamus or specific performance, in any court of competent jurisdiction. Section 11. Severability. If any section, subsection, paragraph, clause, or provision of this Ordinance or the documents hereby authorized and approved (other than provisions as to the payment of Base Rentals by the Town during the Lease Term, provisions for the quiet enjoyment of the Leased Property by the Town during the Lease Term, and provisions for the conveyance of the Trustee's interest in the Leased Property to the Town under the conditions provided in the Lease) shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause, or provision shall not affect any of the remaining provisions of this Ordinance or such documents, the intent being that the same are severable. Section 12. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. Section 13. Recording and Authentication. Immediately on its passage this Ordinance shall be recorded in a book kept for that purpose, authenticated by the signatures of the Mayor and Town Clerk, and shall be published in accordance with law. Section 14. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage and publication. m INTRODUCED, PASSED, ADOPTED AND ORDERED PUBLISHED by title in the Longmont Times -Call, a newspaper of general circulation in the Town of Firestone on May 8, 2019. TOWN OF FIRESTONE, COLORADO <O�WO ( 10 dAm � SraAlj I" j j Bobbi Sindelar 0 Mayor •v ATTEST: COUNTY GO Leah Vanarsdall Town Clerk 7 STATE OF COLORADO ) SS. TOWN OF FIRESTONE ) 1, Leah Vanarsdall, the Town Clerk of the Town of Firestone, Colorado (the "Town"), do hereby certify that: 1. The foregoing pages are a true, correct and complete copy of the Ordinance adopted by the Board of Trustees constituting the governing board of the Town of Firestone (the "Board of Trustees"), by vote had and taken at an open, regular meeting of the Board of Trustees held at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado, on May 8, 2019, convening at the hour of 7:00 p.m. as recorded in the regular book of official records of the proceedings of said Town of Firestone kept in my office. 2. The Ordinance was read by title, duly moved and seconded and the Ordinance was approved upon such first and final reading by an affirmative vote of the Board of Trustees, as follows: Name "Yes" "No" Absent Abstain Bobbi Sindelar, Mayor n Drew Peterson, Mayor Pro -Ter x Don Con ac X George Heath x Frank A. Jimenez Samantha Meiring Douglas Sharp X 3. The members of the Board of Trustees were present at the meeting and voted on the passage of such Ordinance as set forth above. 4. There are no bylaws, rules or regulations of the Board of Trustees which might prohibit the adoption of said Ordinance. 5. The Ordinance was published by title in the Longmont Times -Call, a newspaper of general circulation in the Town, on May jA, -2019, together with a statement that the complete text of the Ordinance is available at Town Hall and on the Town's official website, and the affidavit of publication is attached hereto as Exhibit A. 6. Notice of the meeting of May 8, 2019, in the forms attached hereto as Exhibit B was posted at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado, not less than 24 hours prior to the meeting in accordance with law. E:z (SEAL) WITNESS my hand and the seal of the Town affixed this May ? i , 2019. STOIy� � TOWN 10 Leah Vanarsdall, Town Clerk O COUNTY, GOB 7 Exhibit A (Attach Affidavit of Publication) Ordinance 952: AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN Of FIRESTONE, COLORADO, AUTHORIZING AND AP- PROVING THE EXECVTiON AND DELIVERY BY THE TOWN OF A SITE LEASE AGREEMENT AND A LEASE PURCHASE AGREEMENT AND RE- LATED DOCUMENTS IN CONNECTION WITH THE FINANCING OF THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS. Introduced Passer[ and Adopted this &th day of May 2019 %S/Bobbi Sindelar. Mavor ATTEST: /s/Le,ah Vanarsdall, Town Clerk The comPlete text of the ordinance is available at Town ?fall and on the Town's otficlal website Published; Longmont Times -Call May 1, 2019--€595775 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Boulder State of Colorado The undersigned, JD Geddes , being first duly sworn under oath, states and affirms as follows: 1. He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Longmont Times Call. 2. The Longmont Times CaAis a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks in Boulder County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 24-70-103. 3. The notice that is attached hereto is a true copy, published in the Longmont Times, Call in Boulder County on tha following dates}: May 11, 2019 M dand sworn tfore me thisay of 17(7aa � )tl Notary Publi WELISSA L A AJERA NOTARY PUBLIC STATE OF CQiORADO NOTARY iD 20064049936 MY COMMISSION EXPIRES DECEMBER 11, 2022 (SEAL[ Account: 1051150 Ad Number: 1595775 Fee: $15.66 E Exhibit B (Attach Notice of Meeting of May 8, 2019) BOARD OF TRUSTEES FIRESTONE REGULAR MEETING AGENDA C O L O R A D O May 8, 2019 7:00 PM 151 Grant Avenue Firestone, CO 80520 1. Call to Order & Roll Call 2. Pledge of Allegiance 3. Approval of Agenda 4. Public Comment *(maximum time permitted for all Public Comment is 30 minutes) 5. Consent Agenda 5.a. Approval of April 24, 2019 Reg Meeting Minutes 5.b. Resolution 19-36: A RESOLUTION APPROVING PURCHASING OF PESTICIDE STORAGE EQUIPMENT FOR THE COMMUNITY RESOURCES DEPARTMENT 5.c. Resolution 19-37: A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, REPEALING IN THEIR ENTIRETY ALL. PURCHASING POLICIES AND PROCEDURES ADOPTED PRIOR TO_ RESOLUTION 19-33 5.d. Resolution 19-38: A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AMENDMENT TO EASEMENT AND AGREEMENT BETWEEN JORDAN P. AND PAMELA J. FUERST, AND THE TOWN OF FIRESTONE 5.e. Resolution 19-39: A RESOLUTION PRESCRIBING WATER RATES, FEES, TOLLS AND CHARGES FOR THE TOWN OF FIRESTONE, COLORADO. 5.f. Ramland Water Line Replacement Construction - Change Order No, 1 and Payment Application No.2 (FINAL PAYMENT) 6. Presentation * Individuals that desire to address the Board of Trustees are requested to sign up at the table at the entrance to the meeting room. Each individual will be provided an opportunity to speak (limited to three minutes) during Public Comment. Maximum time permitted for all Public Comment is 30 minutes. If you need special assistance in order to participate in a Board of Trustees meeting, please contact the Town Clerk's Office at 303-833-3291 in advance of the meeting to make arrangements. A forty -eight -hour notice is requested. Town of Firestone Board of Trustees Regular Meeting Agenda 7:00 PM May 8, 2019 Page 2df2 6.a. Eagle Scout Project - Tennis Balls 6.b. Frederick FBLA - National Leadership Conference 6.c. Introductions of Special Thanks And Recognition Award (STAR) 6.d. Prairie Ridge Elementary - Restorative Justice Program - Amy Shears 7. Discussion/Action 7.a. COP's - Ordinance 952: AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY BY THE TOWN OF A SITE LEASE AGREEMENT AND A LEASE PURCHASE AGREEMENT AND RELATED DOCUMENTS IN CONNECTION WITH THE FINANCING OF THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS. 7.b. Planning Commission Appointment 8. Public Comment *(maximum time permitted for all Public Comment is 30 minutes) 9. Reports 9.a. Staff 9.a.i. 2019 First Quarter Financial Report 9.b. Mayor 9.c. Trustees 10. Executive Session . Individuals that desire to address the Board of Trustees are requested to sign up at the table at the entrance to the meeting room. Each individual will be provided an opportunity to speak (limited to three minutes) during Public Comment. Maximum time permitted for all Public Comment is 30 minutes. If you need special assistance in order to participate in a Board of Trustees meeting, please contact the Town Clerk's Office at 303-833-3291 in advance of the meeting to make arrangements. A.forty-eight-hour notice is requested. Town of Firestone Board of Trustees Regular Meeting Agenda 7:00 PM May 8, 2019 Page 2 of 2 10.a. An Executive Session, pursuant to C:R.S. 24-6-402(4)(a), to discuss the acquisition of certain property rights for a municipal park; and pursuant to C.R.S. 24-6-402(4)(e)(1), for purpose of determining positions relative to matters that may be subject to negotiations; developing strategy for negotiators, and instructing negotiators regarding the acquisition of certain property rights for a municipal park. 11. Report from Executive Session. 12. Adjournment " Individuals that desire to address the Board of Trustees are requested to sign up at the table at the entrance to the meeting room. Each individual will be provided an opportunity to speak (limited to three minutes) during Public Comment. Maximum time permitted for all Public Comment is 30 minutes. If you need special assistance in order to participate in a Board of Trustees meeting, please'contact the Town Clerk's Office at 303-833-3291 in advance of the meeting to make arrangements. A forty -eight -hour notice is requested. ORDINANCE NO. 951 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING SECTION 6.14.020 AND SECTION 6.15.020 OF THE FIRESTONE MUNICIPAL CODE PERTAINING TO THE KEEPING OF CHICKENS AND POTBELLIED PIGS WHEREAS, in accordance with the Firestone Municipal Code, permits for the keeping of chickens and potbellied pigs are issued by the Town Clerk; and WHEREAS, for administrative convenience and efficiency, such tasks should instead be performed by the Police Department's Community Service Division. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO:' Section 1. Section 6.14.020, Permit required, of the Firestone Municipal Code is amended to provide as follows: Any person keeping chicken hens pursuant to this chapter must first have been issued a permit by the town, the application for which shall be made available by the Town Clerk. The application shall include a plan or drawing showing the proposed locations of all chicken hen facilities to be located upon the parcel for which the permit is requested, which plan or drawing shall include details demonstrating the applicant's proposed manner of compliance with the requirements of this chapter. The Town Clerk shall assess an application fee of thirty dollars for each application received under this chapter. Section 2. Section 6.15.020, Permit required, of the Firestone Municipal Code is amended to provide as follows: Any person keeping a potbellied pig pursuant to this Chapter must first have been issued a permit by the Town, the application for which shall be made available by the Town Clerk. The application shall include a copy of the registration of the animal through an official potbellied pig registry; verification of neutering or spaying through a certified veterinarian, and verification of current vaccinations through a certified veterinarian. The Town Clerk shall assess an application fee of thirty dollars for each application received under this Chapter. Section 3. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 4. Violations of this ordinance shall be punishable in accordance with Section 16.010 of the Municipal Code of the Town of Firestone, Colorado. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 1 Oth day of April, 2019. ATTEST: O fir /o -U '.GC Leah Vanarsdall, Town Clerk AS TO FORM: �I I� TOWN OF FIRESTONE, COLORADO bi Sinde , Mayor 2 ORDINANCE NO. 950 AN ORDINANCE TO APPLY AND CONTRACT FOR BENEFICIAL USE OF WATER ON BEHALF OF THE TOWN OF FIRESTONE, A MUNICIPAL CORPORATION, AND PRESCRIBING THE TERMS FOR APPLICATION FOR AN ALLOCATION OF THE RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER TO SAID TOWN OF FIRESTONE BY NORTHERN COLORADO WATER CONSERVANCY DISTRICT. WHEREAS, under the Water Conservancy Act of Colorado, Title 37, Article 45, Colorado Revised Statutes of 1973, it is necessary that the Board of Trustees of the Town of Firestone, a Colorado municipal corporation, in order to obtain the perpetual right to use Colorado -Big Thompson Project water on an annually renewable basis under C.R.S. 37-45-131 within the boundaries oftheNorthem Colorado Water Conservancy District, contract for the beneficial use of water from Northern Colorado Water Conservancy District, and the Town bythis ordinance desires to authorize and direct the Mayor and Town Clerk to apply to the Board of Directors of said District for such water contract. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section l: That the Town of Firestone has determined to apply for a contract providing for the beneficial use of Forty Three (43) acre-feet of water from Northern Colorado Water Conservancy District within the boundaries of the Northern Colorado Water Conservancy District. Section 2: That the Mayor and Town Clerk be and are hereby authorized and directed to apply to the Board of Directors of said Northern Colorado Water Conservancy District for a contract providing to the Applicant the beneficial use of water upon terms prescribed by said Board in the manner and form as in this section provided, to -wit: APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR ANNUALLY RENEWABLEPERPETUAL WATER CONTRACT FOR RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER UNDER C.R.S. 37-45-131 Applicant, Town of Firestone, a Colorado municipal corporation, acting as governing body of a water activity enterprise, hereby applies to Northern Colorado Water Conservancy District (hereinafter "Northern Water"), a political subdivision of the State of Colorado, organized and existing by virtue of Title 37, Article 45, Colorado Revised Statutes, for a contract for the right to beneficially use Colorado -Big Thompson Project water under the following terms and conditions: 1. The quantity of water herein requested by Applicant for annual application to beneficial use is Forty Three (43) acre-feet to be used so long as the Applicant fully complies with all of the terms, conditions, and obligations hereinafter set forth. 2. It is understood and agreed by the Applicant that any water provided for use under this contract by the Board of Directors of Northern Water shall be primarily for domestic, irrigation, or industrial use within or through facilities or upon lands owned or served by said Applicant, provided however, that all lands, facilities, and serviced areas which receive benefit from the use of water (whether water service is provided by direct delivery, by exchange, or otherwise) shall be situated within the boundaries of Northern Water. 3. Applicant agrees that an acre-foot of water as referred to herein is defined as being one - three -hundred -ten thousandth (1 /310,000) of the quantity of water annually declared by the Board of Directors of Northern Water to be available for delivery from the water supplies of the Northern Water. Applicant agrees that such water shall be delivered from the works of the Northern Water at such existing Northern Water delivery point or points as may be specified by the Applicant and that the water delivery obligation of Northern Water shall terminate upon release of water from said works. Further, the Applicant agrees that on November 1 of each year, any water undelivered from the annual quantity made available to the Applicant shall revert to the water supplies of Northern Water, 4. Applicant agrees to pay annually in advance for the amount of water herein provided for use under this contract by the Board of Directors of Northern Water at a price per acre-foot to be fixed annually by said Board; and, further, agrees that the initial annual payment shall be made, in full, within fifteen (15) days after the date of notice from Northern Water that the initial payment is due hereunder. Said notice will advise the Applicant, among other things, of the water year to which the initial payment shall apply and the price per acre-foot which is applicable to that year. Annual payments for each water year thereafter shall be made in advance by the Applicant on or before each October 1, 31 days prior to the start of the water year, at the rate per acre-foot established by the Board for municipal water use in that water year. For the purpose of this water contract, the water year is defined to be from November 1 to October 31 of the following year. If an annual payment as herein provided is not made by due date, written notice thereof, by certified mail, will be given by Northern Water to the Applicant at the following address: P. O. Box 100, Firestone, CO 80520. Water deliveries shall be suspended as of November I of the new water year until payment of the delinquency is made. If payment is not made within ninety (90) days after the date of mailing of said written notice, Applicant shall have no further right, title, or interest under this contract; and the right of use of water as herein made, shall be disposed of at the discretion of the Board of Directors of Northern Water. Any proceeds from any sale of the right of use to another allottee shall be paid to Applicant over and above Northern Water's actual expense in terminating and disposing of the contract right of use. 2 5. This right of use shall be perpetual on an annually fenewable basis. If the annual payment is made as provided in this application, the right of use shall be automatically renewed another water year without any further action of Northern Water; if the annual payment is not timely made, as provided above, the right of use shall terminate. 6. Applicant agrees that the water allocation shall be beneficially used for the purposes and in the manner specified herein, and that this right of use is made for the exclusive benefit of the Applicant and shall not inure to the benefit of any successors or assigns of said Applicant without prior specific approval of the Board of Directors of Northern Water. 7. Applicant agrees to be bound by the provisions of the Water Conservancy Act of Colorado; the rules, regulations and policies of the Board of Directors of Northern Water as they may now exist or as they exist in the future; and by the Repayment Contract of July 5, 1938, between Northern Water and the United States and all amendments thereof and supplements thereto. 8. Applicant agrees, as a condition of this contract, to enter into an "Operating Agreement" with Northern Water if and when the Board of Northern Water finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by Northern Water, Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard contracts of Northern Water; additional annual monetary consideration for extension of Northern Water delivery services and for additional administration, operation and maintenance costs; or for other costs to Northern Water which may arise through provision of services to the Applicant. Section 3: In the opinion of the Board of Trustees of the Town of Firestone, acquisition of this annually renewable perpetual right of use water contract for the Colorado -Big Thompson Project water from Northern Water and the right to the beneficial use of water thereunder by said Town of Firestone is necessary; the continued acquisition and use of this water supply is essential forthe well- being of the community and for the preservation of the public peace, health, and safety; and the adequate protection of the health of the inhabitants of the community. Section 4: The Mayor and Town Clerk are hereby authorized to execute on behalf of Applicant all Application materials and other documents necessary to effect the contract herein specified. Passed and adopted, signed and approved this 27th day of March 2019. TOWN OF FIRESTONE 0 bi Sind" , Mayor 3 ATTEST: (SEAL) Leah Vanarada 1, own Clerk I APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR CANCELLATION OF TEMPORARY USE PERMITS The Town of Firestone hereby applies for the cancellation of the following Temporary Use Permits: Permits Dated June 14, 2018 June 14, 2018 July 12, 2018 September 13, 2018 December 7, 2018 Total Quantity to be Released Dated at Firestone, Colorado this cZ ) " day of ATTEST: (SEAL) Acre -Feet 09 01 10 03 20 43 —Aa4a TOWN OF FIRESTONE 20/7 . By ORDER ON APPLICATION Application having been made by the Town of Firestone for the cancellation of the, above Temporary Use Permits, and Hearing having been held by the Board of Directors of Northern Colorado Water Conservancy District, it is hereby ORDERED that the above Temporary Use Permits be canceled. Dated the day of 20 NORTHERN COLORADO WATER CONSERVANCY DISTRICT ATTEST: President Secretary APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR ANNUALLY RENEWABLE PERPETUAL WATER CONTRACT FOR RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER UNDER C.R.S. 37-45-131 Applicant, Town of Firestone, a Colorado municipal corporation acting in its governmental capacity or a water activity enterprise (circle capacity in which applicant is acting), hereby applies to Northern Water, a political subdivision of the State of Colorado, organized and existing by virtue of Title 37, Article 45, Colorado Revised Statutes, for a contract for the right to beneficially use Colorado -Big Thompson Project water under the following terms and conditions: 1. The quantity of .water herein requested by Applicant for annual application to beneficial use is 43 acre-feet to be used so long as the Applicant fully complies with all of the terms, conditions, and obligations hereinafter set forth. 2. It is understood and agreed by the Applicant that any water provided for use under this contract by the Board of Directors of Northern Water shall be primarily for municipal, domestic, irrigation, or industrial use within or through facilities or upon lands owned or served by said Applicant, provided however, that all lands, facilities, and serviced areas which receive benefit from the use of water (whether water service is provided by direct delivery, by exchange, or otherwise) shall be situated within the boundaries of Northern Water. 3. Applicant agrees that an acre-foot of water as referred to herein is defined as being one -three -hundred -ten -thousandth (1/310,000) of the quantity of water annually declared by the Board of Directors of Northern Water to be available for delivery from the water supplies of Northern Water. Applicant agrees that such water shall be delivered from the works of Northern Water at such existing Northern Water delivery point or points as may be specified by the Applicant and that the water delivery obligation of Northern Water shall terminate upon release of water from said works. Further, the Applicant agrees that on November 1 of each year, any water undelivered from the annual quantity made available to the Applicant shall revert to the water supplies of Northern Water. 4. Applicant agrees to pay annually in advance for the amount of water herein provided for use under this contract by the Board of Directors of Northern Water at a price per acre-foot to be fixed annually by said Board; and, further, agrees that the initial annual payment shall be made, in full, within fifteen (15) days after the date of notice from Northern Water that the initial payment is due hereunder. Said notice will advise the Applicant, among other things, of the water year to which the initial payment shall apply and the price per acre-foot which is applicable to that year. Annual payments for each water year thereafter shall be made in advance by the Applicant on or before each October 1, 31 days prior to the start of the water year, at the rate per acre-foot M established by the Board for municipal water use in that water year. For the purpose of this water contract, the water year is defined to be from November I to October 31 of the following year. If an annual payment as herein provided is not made by due date, mitten notice thereof, by certified mail, will be given by Northern Water to the Applicant at the following address: P.O. Box 100, Firestone, Colorado 80520. Water deliveries shall be suspended as of November I of the new water year until payment of the delinquency is made. If payment is not made within ninety (90) days after the date of mailing of said written notice, Applicant shall have no further right, title, or interest under this contract; and the right of use of water as herein made, shall be disposed of at the discretion of the Board of Directors of Northern Water. Any proceeds from any sale of the right of use to another allottee shall be paid to Applicant over and above Northern Water's actual expense in terminating and disposing of the contract right of use. 5. This right of use shall be perpetual on an annually renewable basis. If the annual payment is made as provided in this application, the right of use shall be automatically renewed another water year without any further notice of Northern Water; if the annual payment is not timely made, as provided above, the right of use shall terminate. 6. Applicant agrees that the water allocation shall be beneficially used for the purposes and in the manner specified herein, and that this right of use is made for the exclusive benefit of the Applicant and shall not inure to the benefit of any successors or assigns of said Applicant without prior specific approval of the Board of Directors of Northern Water. 7. Applicant agrees to. be bound by the provisions of the Water Conservancy Act of Colorado; the rules, regulations and policies of the Board of Directors of Northern Water as they now exist or as they exist in the future; and by the Repayment Contract of July 5, 1938, between Northern Water and the United States and all amendments thereof and supplements thereto. 8. Applicant agrees, as a condition of this contract, to enter into an "Operating Agreement" with Northern Water if and when the Board of Northern Water finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by Northern Water. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard contracts of Northern Water; additional annual monetary consideration for extension of Northern Water delivery services and for additional administration, operation and maintenance costs; or for other costs to Northern Water which may arise through provision of services to the Applicant. 9. Acquisition of this annually renewable perpetual right of use water contract for the Colorado -Big Thompson Project water from Northern Water and the right to the beneficial use of water thereunder by the Applicant is necessary; the continued acquisition and use of this water supply is essential for the well-being of the community and for the preservation of the public peace, health, and safety; and the adequate protection of the health of the inhabitants of the community. TO. The governing body of Applicant has duly approved this Application in accordance with all legally required procedures. Signed this .27 �_ day of._. � GW" A , A.D., q . TOWN OF FIRESTONE By , ATTEST: (SEAL) ORDER ON APPLICATION Application having been made by or on behalf of all parties interested in this allocation of the right to use Colorado -Big Thompson Project water and after a Hearing by the Board, it is hereby ORDERED that the above application be granted and an allotment contract for 43 acre-feet of water is hereby made to the Town of Firestone, a Colorado municipal corporation, for the beneficial uses set forth in said application upon the terms, conditions, and manner of payment as therein specified. NORTHERN COLORADO WATER CONSERVANCY DISTRICT IC President I hereby certify that the above Order was entered by the Directors of Northern Colorado Water Conservancy District on the day of , A.D., ATTEST: Secretary ORDINANCE NO.949 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, REPEALING AND RE-ENACTING SECTION 2.12.030 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE TOWN MANAGER' S RESPONSIBILITIES AND DUTIES - WHEREAS, the Town Board desires to ensure that the duties of the Town Manager are broadly set forth to encompass all of the Manager's responsibilities and set forth in accordance with state statute. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLOR -ADO: Section 1. Section 2.12.030 — Responsibilities and duties, of the Firestone Municipal Code is repealed and re-enacted in its entirety to provide:' A. The Town Manager shall be the chief administrative officer of the Town and responsible to the Board of Trustees for the proper administration of all affairs of the Town placed in the Manager's charge. In fulfillment of such, the Town Manager shall: 1. Provide for the enforcement of the laws, rules, regulations, ordinances and other enactments of the Town; 2. Be responsible for the efficient operation of the administrative affairs of the Town, which includes, but is not limited to, supervision of all Town departments and oversight of the Town's intergovernmental, lease purchase, development, economic incentive and franchise agreements and authorities; 3. Provide recommendations to the Board of Trustees regarding any necessary or beneficial administrative restructuring or reorganization; 4. Provide for the hiring of employees based upon their ability, training and experience and the assignment, promotion, supervision, training, discipline, and removal of Town employees; 5. Establish, subject to the approval of the Board of Trustees personnel rules and regulations for the Town's employees; 7. Cause an annual budget to be prepared and submitted to the Board of Trustees, and oversee administration of the adopted budget in accordance with generally accepted principles; 8. Cause to be prepared and submitted to the Board of Trustees, at the end of each fiscal year, a report on the Town's finances and administrative activities; 9. Regularly advise the Board of Trustees as to the financial condition and future needs of the Town; 10. Attend Board of Trustees meetings and participate in discussions with the Board of Trustees in an advisory capacity and assist the Board of Trustees in implementing its policies, procedures, goals and objectives; and 11. Perform other such duties as prescribed by the Code or as required by the Board of Trustees and not inconsistent with this chapter. Section 2. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 27"' day of February, 2019, TOWN SEAL 1 AT EST: 4�.T...... /, � 7 Leah Vanarsdall, Town Clerk AS TO FORM: William TrI.I*ashi, Town Attorney TOWN OF FIRESTONE, COLORADO '; #0 � d&. 2 4479206 Pages 1 of 4 04/05/2019 12:40 PM R Fee:$28.00 Carly Koppel, Clerk and Reoorder: Weld County, CO mill WAN ORDINANCE NO.948 AN ORDINANCE APPROVING AN INITIAL ZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS. THE GOULD ANNEXATION, AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR SUCH PROPERTY WHEREAS, a petition for annexation of certain unincorporated, Town -owned property known as the Gould Annexation was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the property was annexed to the Town by ordinance and the Board of Trustees must provide for the zoning of such property; and WHEREAS, the legal description of the property is set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the proposed initial zoning of the property is Planned Unit Development zoning classification with Employment Center (EC) land uses, and there has been prepared an Outline Development Plan in connection with the proposed zoning; and WHEREAS, the Planned Unit Development zoning classification is consistent with the Town's plan for the area encompassed by the Annexation; and WHEREAS, the Firestone Planning Commission held a public hearing on the proposed initial zoning and forwarded its recommendation on the proposed zoning and Outline Development Plan to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, the Board of Trustees provided notice of the public hearing on the requested zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. § 31-23-305. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLOR -ADO: Section 1. That certain property known as the Gould Annexation, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof (the "Property"), is hereby zoned Planned Unit Development with Employment Center (EC) and land uses as shown on the Outline Development Plan, pursuant to the zoning ordinances of the Town and subject to and in accordance with the Gould Outline Development Plan approved by the Board of Trustees, as noted in Section 2, below, which shall be placed on file with the Town, and the Town zoning map shall be amended accordingly. 1 Section 2. The Board of Trustees hereby approves the Gould Outline Development Plan. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 12th day of December, 2018. Leah Vanarsdall, Town Clerk 1 V281I8 1:15 PM [ncb] R:SFircnionelAnnczalionlGould\BOT Zoning.ord.docz 4479206 Pages: 2 of 4 04/05/2019 12:40 PM R Fee:$28.00 Carly Koppes, Clerk and Recorder, Weld County; G4 2 TOWN OF FIRESTONE, COLORADO 4479206 Pages: 3 of 4 04/05/2019 12:40 PM R Fee:$28.00 Carly Koppes; Clerk and Recorder, Weld Cnunty; CQ ®ill JIFjkl f 'F14' ®III I EXHIBIT A - LEGAL DESCRIPTION Gould Annexation A part of Lot B of Recorded Exemption 1209-31-3-RE 2340, an recorded exemption recorded December 21, 1998, as Reception No. 2661939 of the records of Weld County, Colorado, and Subdivision Exemption SE-734, a subdivision exemption recorded December 21, 1998, as Recepticn No. 2661938 of the records of Weld County, Colorado, all located in the SW1/4 of Section 31, T3N, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Southwest Corner of said Section 31, from which the E1/4 Corner of said Section 31 bears N00°07'56"E, 2651.27 feet (Basis of Bearing), thence N00°07156"E, 30.00 feet along the West Line of the SW1/4 of said Section 31 to the Northerly Right-of-way Line extended Westerly of Zinnia Avenue (Weld County Road 26), according to BROOKS FARM FIRST & SECOND ADDITIONS, an annexation to the Town of Firestone recorded June 15, 2001, as Reception No. 2857771 of the records of Weld County, Colorado; Thence S89°30'04"E, 30.00 feet along the Northerly Right-cf-way Line extended Westerly of said Zinnia Avenue (Weld County Road 26) to the Easterly Right-of-way Line of Colorado Blvd. (Weld County Road 13), also being the Easterly Line of FIRESTONE NORTH ANNEXATION, an annexation to the Town of Firestone recorded January 16, 2015, as Reception No. 4076118 of the records of Weld County, Colorado, and the POINT OF BEGINNING; Thence N00°07'56"E, 1439.33 feet along the Easterly Right -of way Line of said Colorado Blvd. (Weld County Road 13) and along the Easterly Line of said FIRESTONE NORTH ANNEXATION to the Northerly Line of said Lot B; Thence S88°57'49"E, 1063.26 feet along the Northerly Line of said Lot B to the Northeasterly Corner thereof; Thence S00015'26"W, 107.00 feet along the Easterly Line of said Lot B to an angle point thereof; Thence N88°5749"W, 36.00 feet along the Easterly Line of said Lot B to an angle point thereof; Thence S00°15'26"W, 744.44 feet along the Easterly Line of said Lot B to an angle point thereof; 3 Thence S88°57'49"E, 261.00 feet along the Easterly Line of said Lot B to an angle point thereof; Thence S00015'26"W, 575.79 feet along the Easterly Line of said Lot B to the Northerly Right-of-way Line of said Zinnia Avenue (Weld County Road 26); Thence N89030'04"W, 1285.01 feet along the Northerly Right-of- way Line of said Zinnia Avenue (Weld County Road 26) and along the Northerly Line of said BROOKS FARM FIRST & SECOND ADDITIONS to the Easterly Right-of-way Line of said Colorado Blvd. (Weld County Road 13) and the POINT OF BEGINNING. Area = 37.320 acres, more or less. 4479206 Pages: 4 of 4 -- 04/05/2019 12:40 PM R Fee:$28.00 Carly Koppes; Clerk and Recorder, Weld County, GC ®III KIMORA%�WAV41K'hhV1A44 11111 4 ORDINANCE NO. 948; AN ORDINANCE AP- PROVING AN INITIAL ZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE GOULD ANNEXATION, AND APPROVING AN OUTLINE DEVELOPMENT FOR SUCH PROPERTY Prairie Mountain Media LLC IPLAN NTRODUCE INTROOUA PASSED and ADOPTED, this - r 12th, day of pecembe...r, 2018. ,rs/Bobhi Slndetar, Mayor - - ATTEST: Is/Leah Vanarsdall,Town Cleric PUBLISHER'S AFFIDAVIT The complete text of the ordinance Is availa• websiteawn Hall and on the Tawn's official County of Boulder 2G 8. 15453Longmont Times -Call December 15 Published: State of Colorado The undersigned, Crystal Musser being first duly sworn under oath, states and affirms as follows: 1, Helshe Is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Longmont limes Call. 2. The Longmont Times Call is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks In Boulder County and meets the legal requisites for a legal newspaper under Colo, Rev. Stat. 24.70.103. 3. The notice that is attached hereto is a true copy, published in the Longmont Times Call in Boulder County on the following dates): Dec 15, 2018 Subscribed and s to me before me this day of C J� JL , Ad Notary Pu II.0 MELISSA L NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20064049936 (SEAL) MY COMMISSION EXPIRES DECEMBER 11, 2022 Account: 1051150 Ad Number: 1545313 Fee: $10.44 N 4479204 Pages: 1 of 2 04l0512019 12;40 PM R Fee:$18.00 Carly Koppes: Clerk and Recorder, Weld County: CO ORDINANCE NO.947 AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE GOULD ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated, Town -owned property, to be known as the Gould Annexation and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -I10, the Board of Trustees on December 1.2, 2018, held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published November 1, 8, 15, and 22, 2018, in the Daily Times -Call; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation in' accordance with the applicable laws of the State of Colorado, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Gould Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 12th day of December, 2018. ��OfV�C ip tCr ly .)r s . C®UN�, A �� Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO ..- RESOLUTION 19-32 A RESOLUTION ADOPTING UPDATED TOWN -ISSUED CREDIT CARD POLICY FOR THE TOWN OF FIRESTONE WHEREAS, the Town of Firestone has previously adopted a policy governing the use of Town -issued credit cards; and WHEREAS, the Town Board of Trustees updated such policy by Resolution No. 17-40; and WHEREAS, the Board of Trustees finds that such policies should be amended in order to update and revise certain portions thereof, including the addition of certain internal controls and newly implemented processes; and WHEREAS, the Board of Trustees by this Resolution desires to adopt said updated Town - issued credit card policy. 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 updated Town of Firestone Town -Issued Credit Cards Policy. Section 2. The updated Town -Issued Credit Cards Policy approved and adopted by this Resolution shall take effect April 10, 2019, and shall replace the Town -Issued Credit Card Policy previously adopted by Resolution No. 17-40. INTRODUCED D AND RESOLVED THIS 10T" DAY OF AI'RIL, 2019 TOWN OF FIRESTONE, COLORADO BokV Sindelar, yor ATTEST: .��- Leah Vanarsdall, Town Clerk 4479204 pages: 2 of 2 04/05/2019 12:40 PM R Fee:$18.00 Carly Koppes: Clerk and Recorder. Weld COU!tY; 00 mill WrAMUVIT AY 44NAlrV1Vi kloll k' k+h 11111 EXHIBIT A - LEGAL DESCRIPTION Gould Annexation A part of Lot B of Recorded Exemption 1209-31-3-RE 2340, an recorded exemption recorded December 21, 1998, as Reception No. 2661939 of the records of Weld County, Colorado, and Subdivision Exemption SE-734, a subdivision exemption recorded December 21, 1998, as Reception No. 2661938 of the records of Weld County, Colorado, all located in the SW1/4 of Section 31, T3N, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Southwest Corner of said Section 31, from which the El/4 Corner of said Section 31 bears N00°07'56"E, 2651.27 feet (Basis of Bearing), thence N00°07'56"E, 30.00 feet along the West Line of the SW1/4 of said Section 31 to the Northerly Right-of-way Line extended Westerly of Zinnia Avenue (Weld County Road 26), according to BROOKS FARM FIRST & SECOND ADDITIONS, an annexation to the Town of Firestone recorded June 15, 2001, as Reception No. 2857771 of the records of Weld County, Colorado; Thence S89030104"E, 30.00 feet along the Northerly Right-of-way Line extended Westerly of said Zinnia Avenue (Weld County Road 26) to the Easterly Right- of-way Line of Colorado Blvd. (Weld County Road 13), also being the Easterly Line of FIRESTONE NORTH ANNEXATION, an annexation to the Town of Firestone recorded January 16, 2015, as Reception No. 4076118 of the records of Weld County, Colorado, and the POINT OF BEGINNING; Thence N00°07'56"E,-439.33 feet along the Easterly Right -of way Line of said Colorado Blvd. (Weld County Road 13) and along the Easterly Line of said FIRESTONE NORTH ANNEXATION to the Northerly Line of said Lot B; Thence S88°57'49"E, 1063.26 feet along the Northerly Line of said Lot B to the Northeasterly Corner thereof; Thence S00°15'26"W, 107.00 feet along the Easterly Line of said Lot B to an angle point thereof; Thence N88°57'49"W, 36.00 feet along the Easterly Line of said Lot B to an angle point thereof; Thence S00°15'26"W, 744.44 feet along the Easterly Line of said Lot B to an angle point thereof; Thence S88°57'49"E, 261.00 feet along the Easterly Line of said Lot B to an angle point thereof; Thence S00015126"W, 575.79 feet along the Easterly Line of said Lot B to the Northerly Right-of-way Line of said Zinnia Avenue (Weld County Road 26); Thence N89030104"W, 1285.01 feet along the Northerly Right-of-way Line of said Zinnia Avenue (Weld County Road 26) and along the Northerly Line of said BROOKS FARM FIRST & SECOND ADDITIONS to the Easterly Right-of-way Line of said Colorado Blvd. (Weld County Road 13) and the POINT OF BEGINNING. Area = 37.320 acres, more or less. ORDINANCE NO. 947: AN ORDINANCE AP- PROVING AN ANNEXATION KNOWN AS THE GOULD ANNEXATION TO THE TOWN OF FIRE- STONE COLORADO INTRODUCED PASSED and ADOPTED, Ws $M.day of december,2010. /s/Bobbi Sindelar, Mayor ATTEST: /s/Leah Vanarsdali,Town Cterk The complete text of the ordinance Is availa- ble at Town Hall and on the Town's official website Published: Longmont Times -Call December 15,2019-1545312 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Boulder State of Colorado The undersigned, Crystal Musser , being first duly sworn under oath, states and affirms as follows: 1. He/she Is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Longmont Times Call. 2. The Longmont Times Cali is a newspaper of general circulation that has been published continuously and without Interruption for at least fifty-two weeks In Boulder County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 24-70-103, 3. The notice that is attached hereto is a true copy, published in the Longmont Times Call in Boulder County on the following date{s}: Dec 15, 2018 SubscriIb d and swo to me before me this n I/ day of �` �� Notary {SEALI MELISSA L NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20064049936 MY COMMISSION EXPIRES DECEMBER 11, 2022 Account; 1051150 Ad Number: 1545312 Fee: $8.99 IN ORDINANCE NO.946 AN ORDINANCE AMENDING THE FIRESTONE MUNICIPAL CODE REGARDING ALCOHOLIC BEVERAGES WHEREAS, by House Bill 18-1025, the Colorado General Assembly recently amended the Colorado Revised Statutes to relocate laws related to the regulation of alcoholic beverages to the newly created Title 44, without changing the substance of such laws; and WHEREAS, the Board of Trustees desires to amend Chapter 5.08 of the Firestone Municipal Code to update citations to the Colorado Revised Statutes; and WHEREAS, the Board of Trustees further desires to amend Chapter 5.08 of the Firestone Municipal Code to authorize Town of Firestone liquor license application, registration, permit, fingerprinting, transfer and other fees to be set by resolution of the Board of Trustees; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 5.08.080 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are str4ek� !hfough): 5.08.080 - Optional premises licenses. A. The following standards for the issuance of optional premises licenses or for optional premises for hotel and restaurant licenses are hereby adopted pursuant to the provisions of Section 44-3-415 12 An -era, C.R.S., as amended. The standards set forth in this section shall be considered in addition to all other standards applicable to the issuance of licenses under the state liquor code for an optional premises license or for optional premises for a hotel and restaurant license. These two types of licenses for optional premises will collectively be referred to as "optional premises" in these standards unless otherwise provided. B. An optional premises may only be approved when that premises is located on or adjacent to an outdoor sports and recreational facility as defined in Section 44-3-103(33) 12 ^7 '��, C.R.S., as amended. The types of outdoor sports and recreational facilities that may be considered for an optional premises license are as follows: 1. Country clubs; 2. Golf courses and driving ranges; 3. Swimming pools. C. There are no restrictions on the minimum size of the outdoor sports and recreational facilities that may be eligible for the approval of an optional premises license. However, the local licensing authority may consider the size of the particular outdoor sports or recreational facility in relationship to the number of optional premises requested for the facility and in relationship to control of the premises and ease of enforcement. D. There are no restrictions on the number of optional premises that any one licensee may have on his or her outdoor sports or recreational facility. However, any applicant requesting approval of more than one optional premises shall demonstrate the need for each optional premises in relationship to the outdoor sports or recreational facility and its guests. E. When submitting a request for the approval of an optional premises, an applicant shall also submit the following information: I . A scaled map or other drawing illustrating all of the outdoor sports or recreation facility boundaries and the approximate location of each optional premises requested; 2. A legal description of the area within which the optional premises shall be located; 3. A description of the method which shall be used to identify the boundaries of the optional premises when it is in use; 4. A description of the provisions that have been made for storing alcohol beverages in a secured area on or off the optional premises for the future use on the optional premises; and 5. A description of the manner in which alcohol beverages will be sold and distributed to guests and/or the public. F. Pursuant to Section 44-3-310 12 47 310, C.R.S., as amended, no alcoholic beverages may be served on the optional premises until the licensee has provided written notice to the state and local licensing authorities forty-eight hours prior to serving alcoholic beverages on the optional premises. Such notice must contain the specific days and hours on which the optional premises are to be used. In this regard, there is no limitation on the number of days that a licensee may specify in each notice. However, no notice may specify any date of use which is more than one hundred eighty days from the notice date. G. The local licensing authority in its discretion may impose conditions or restrictions upon an optional premises license in furtherance of the public health, safety and welfare, including but not limited to conditions and restrictions to ensure control of the optional premises and proper enforcement of liquor laws. Conditions 2 and restrictions may be imposed at the time of initial licensing or as part of any application or disciplinary proceeding. Section 2. Section 5.08.090 of the Firestone Municipal Code is hereby repealed and replaced, to read as follows: 5,08.090 - Fees - Application and registration fees. License application, registration, permit, fingerprinting, transfer and other fees shall be paid to the town for liquor licenses in accordance with fees established by resolution of the board of trustees. Section 3. Section 5.08.100 of the Firestone Municipal Code is hereby repealed and replaced, to read as follows: 5.08.100 - Fees - License fees designated for each class of license. License fees shall be paid to the town annually, in advance, based on premises located within the town. Fees for the various classes of licenses shall be as set forth in Section 44-3-505(1), C.R.S., as amended. Section 4. Section 5.08:110 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are stfi ke *hr g ): 5.08.110 - Liquor tastings. A. The Town hereby authorizes tastings to be conducted by retail liquor store and liquor -licensed drugstore licensees in accordance with this Section and pursuant to Section 44-3-30100) 12 ^�T, C.R.S.; as amended. Within the Town, it is unlawful for any person or licensee to conduct tastings unless a permit has been obtained in accordance with this Section. The Local Licensing Authority is authorized to issue tasting permits in accordance with the requirements of this Section. B. A retail liquor store or liquor -licensed drugstore licensee that wishes to conduct tastings shall submit an application for a tastings permit to the local licensing authority. Except as provided in this Paragraph, the application shall be submitted annually at the time of liquor license renewal. For new licensees, the application for a tastings permit may be submitted with the application for a new license or at any time during the first year of licensure. An application may also be submitted at a time other than the time of renewal; however, in such case, the permit shall expire at the next renewal date of the license and the permit fee shall not be prorated. The application shall be in the form required by the Town Clerk, and shall include a written control plan establishing how the applicant will conduct the tastings in compliance with the provisions of the Liquor Code and Town Code, and without creating a public safety risk to the neighborhood. The local licensing 3 authority may reject the permit application if the applicant fails to establish that the licensee is able to conduct tastings without violating the provisions of this Section or creating a public safety risk to the neighborhood. The Local Licensing Authority and Authority Secretary may establish application procedures for tastings permits. C. Tastings shall be subject to the following limitations: 1. Tastings shall be conducted only by a person. who has completed a server training program that meets the standards established by the Liquor Enforcement Division of the Colorado Department of Revenue and who is a retail liquor store or liquor -licensed drugstore licensee, or an. employee of a licensee, and only on a licensee's licensed premises. 2. The alcohol used in tastings shall be purchased through a licensed wholesaler, licensed brew pub, licensed distillerypub, or winery licensed pursuant to Section 44-3-403 12 47-403, C.R.S., as amended, at a cost that is not less than the laid -in cost of such alcohol. Such suppliers shall have licenses from the Town to the extent required by this Section and Section 44-3_-301(10) 12 47 404-, C.R.S., as amended. .3. The size of an individual alcohol sample shall not exceed one ounce of malt or vinous liquor or one-half of one ounce of spirituous liquor. 4. Tastings shall not exceed a total of five hours_ in duration per day, which need not be consecutive. 5. Tastings shall be conducted only during the operating hours in which the licensee on whose premises the tastings occur is permitted to sell . alcohol beverages, and in no case earlier than 11:00 a.m. or later than 7:00 p.m. 6.. The licensee shall prohibit patrons from leaving the licensed premises with an.unconsumed sample. 7. The licensee shall promptly remove all open and unconsumed alcohol beverage samples from the licensed premises_ or shall destroy the samples immediately following the completion of the tasting. 8. The licensee shall not serve a person who is under twenty- one years of age or who is visibly intoxicated. 9. The licensee shall not serve more than four' individual samples to a patron during a tasting. 10. Alcohol samples shall be in open containers and shall be provided to a patron free of charge. . 0 11. Tastings may occur on no more thari four of the six days from a Monday to the following Saturday, not to exceed fifty-two days per year. Upon request by the Town, the licensee shall provide to the Town a copy of licensee's current schedule of the dates and times on which tastings are scheduled to be held on the licensed premises. The licensee shall also maintain a log of the dates and times of all tastings that have been held, which shall be made available for inspection by the Town at all times. 12. No manufacturer of spirituous or vinous liquors shall induce a licensee through free goods or financial or in -kind assistance to favor the manufacturer's products being sampled at a tasting. The licensee shall bear the financial and all other responsibility for a tasting. 13. The applicant for a tastings permit shall certify on the application that all persons serving alcohol at tastings have completed a server training program that meets the standards. established by the Liquor Enforcement Division of the Colorado Department of Revenue. The licensee shall maintain a current roster of the names of the persons who have completed a server training and the dates on which such persons attended training. The licensee shall submit updated rosters and documentation to the Town as necessary to confirm that persons serving alcohol at tastings have received the requisite training. D. A violation of a limitation specified in this Section or of Section 44- 3-30100) or 44-3-801 12 47 801, C.R.S., as amended, by a retail liquor store or liquor -licensed drugstore licensee, whether by the licensee, the licensee's employees or agents, or otherwise, shall be the responsibility of the licensee who is conducting the tasting. E. A licensee conducting a tasting shall be subject to. the same revocation, suspension and enforcement provisions as otherwise apply to the licensee and are imposed by the local licensing authority. The local licensing authority shall conduct a hearing with regard to any violations of this Section in accordance with the requirements of this Code and Section 44-3-601 12 A�-47 601, C.R.S., as amended. Section 5. Section 5.08.150 of the Firestone Municipal Code is. hereby amended to. read as follows (words added are underlined; words deleted are stfie e thfoug ): 5.08.150 - Special events permits. The Local Licensing Authority may issue special events permits for the sale, by drink only, of fermented malt beverages or malt, spirituous or vinous liquors to organizations qualifying under Section 44-4-101 12 "zz-48 101, et seq., C.R.S., as amended. The Local Licensing Authority may, by resolution, elect to issue special events permits without notifying the State Licensing Authority to 5 obtain its approval or disapproval of applications. for special events permits, which such resolution may be repealed or amended from time to time. Section 6. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 7. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND .ORDERED PUBLISHED. IN FULL this 14th day of November, 2018. TOWN OF FIRESTONE, COLORADO EST0 ' TOWN 1 0 BAbi-SindeWr, Mayor m: o Q ATTEST: ................ N'Y.e0 0 Leah Vanarsdall, Town Clerk ORDNANCE NO. 94fi_ AN ORDINANCE AMENDING THE FIRESTONE MUNICIPAL COPE REGARDING ALCOHOLIC BEVERAGES INTRODUCED, PASSED and ADOPTED, thls 14th, day of November, 2015 ATTEST: /s/Bobbi Sindelar, Mayor Prairie Mountain Media, LLC /s/Leah VanarsdallJown Clerk The ;omplete text of the ordinance is available at Town Hal and on the Town's official webslte Published: Longmont Times -Call November 19, 2018. 1535419 PUBLISHER'S AFFIDAVIT County of Boulder State of Colorado The undersigned, Crystal Musser being first duly sworn under oath, states and affirms as follows: 1. Helshe is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Longmont Times Call. 2. The Longmont Times Ca11 is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks in Boulder County and meets the legal requisites for a legal newspaper under Colo, Rev. Stat. 24.70-103. 3. The notice that is attached hereto is a true copy, published in the Longmont Times Call in Boulder County on the following date(s): Nov 19, 2018 Subscribed and sw n o me before me this � '}/J{ 1 ! day of Q.1F'J L C� A . J ti Notary Puldlic MELISSA L NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20064049936 MY COMMISSION EXPIRES DEC. 11, 2019 (SEAL) Account: 1051150 Ad Number: 1535419 Pee: $11.60 Ki `-• .456884 Pages: 1 of 6 112/28/2018 03:42 PM R Fee: 38.00 Carly Koppes, Clerk and Recorder,. Weld County, CO ORDINANCE NO.945 AN ORDINANCE APPROVING THE VACATION OF A WATERLINE EASEMENT AND EMERGENCY ACCESS EASEMENT WITHIN THE NEIGHBORS POINT SUBDIVISION WHEREAS, by Easement Deed dated May 13, 2014 recorded with the Weld County Clerk and Recorder on May 19, 2014 at Reception No. 4017081, the Town was granted a waterline easement, which easement is legally described and depicted on Exhibit A-1, attached hereto and incorporated herein by reference (the "Waterline Easement"); and WHEREAS, by Easement Deed dated May 13, 2014 recorded with the Weld County Clerk and Recorder on May 19, 2014 at Reception No. 4017080, the Town was granted an emergency access easement, which easement is legally described and depicted on Exhibit A-2, attached hereto and incorporated herein by reference (the "Access Easement"); and WHEREAS, the Town has approved Final Plats for Neighbors Point Filing Nos. 3 and 4, which includes the property encumbered by the Waterline and Access Easement and which plats provide for new access and utility easements; and WHEREAS, the Board of Trustees has determined that there no longer exists a need for the Waterline and Access Easements; and WHEREAS, the Board of Trustees has determined the Waterline and Access Easements are not and will not be needed for any public purposes and are not being used or held for park purposes or for any other governmental purpose; and WHEREAS, the Town Board desires to vacate its interests in the recorded Access Easement and Waterline Easement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town hereby vacates that certain Waterline Easement conveyed to the Town by Easement Deed dated May 13, 20t4 recorded with the Weld County Clerk and Recorder on May 19, 2014 at Reception No. 4017081, which easement is legally described and depicted on Exhibit A-1, attached hereto and incorporated herein by reference (the "Waterline Easement"). Section 2. The Town hereby vacates that certain Access Easement conveyed to the Town by Easement Deed dated May 13, 2014 recorded with the Weld County Clerk and Recorder on May 19, 2014 at Reception No. 4017080, which easement is legally described and depicted on Exhibit A-2, attached hereto and incorporated herein by reference (the "Access Easement"). Section 3. The Mayor is authorized to execute such additional documents as may be necessary to evidence the vacation of the Waterline and Access Easements vacated by this ordinance. 12 28% 2018 03.42 PIS R Fee : $38.00 Carly Koppes, Clerk and Recorder, Weld County, Co F mill NP01111pullW�iI, UA+l14 mmill169� Section 4. All other ordinances or portions thereof inconsistent or in conflict with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN TITLE ONLY this OW6 day of &k&A , 20_/,P . TOWN OF FIRESTONE, COLORADO bi SinMar, Mayor ATTEST: ZMA 4&d Leah Vanarsdall, Town Clerk 10/1812018 1:45 PM [mac]R:SFirestonel5ubdivisionsWeighborsPoint EasementVacation Ord #2.doc 2 4456884 Pages: 3 of 6 12/28/2018 03:42 PM R Fee:$38,00 Carly Koppes, Clerk and Recorder, Weld County, Co 1111 kfmf Fmil 11111 EXHIBIT A-1 A PART OF THE SOUTHWEST 114 OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH. P.M., TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO SHEET 1 OF 2 W A WA II'R LIK EAS;MEN � 20.00 fI .-DE 51;UAi:D IN 41:7 SOkjf)fiNi[,Si CORNER OF S:7'Ci!ON 12. TOWNsr-iIP 2 -Tow,,4 bF rmrffb�j,.. wi.D COUNTY, COI.ORADO, DF`SC 1 -0 �S I-OU 01-S: RANGE 68 WEST 0( J�Ljr 6TH P.M., Rk COMMENCING Ai Tic SOU:h 1�4,CORNER OF S'CI1QN 12 AND CONSIDERING liiL SQUIF' '.!,N:- Oc Isar: SOIJ i1i wr'sl OJARTFR Ut OF' D SEVION 12 ro BEAR 9'31'25-,L,- , THENCE ALONG 11-il EASI I.!NL: OF SAID SOIJI',1V4[.S1 1/4 N00'00'54"W, A ()3-1ANCF' 01- 1,011.51 rD (HE POINT OF 5FG1NN;NG; THENCE S59*23'19"N. A DISTANCE: OF 339,77 FEE—.: ThENCE S32'38'29"E, A OiSI'ANCt OF 42.33 THENCE S57'211*31`W, A DISTANCE G= 2G,00 IIIENC�L N32'38'29"W. A DISTANCE OF 43.04 MJ: FHENCEt S59'23'1 9'W. A DISTANCE OF 250-48 F�Ft­ I; THENCL S30'36'4 I "W, A DISTANCE' OF 41.01 ff 1; 'MENU: S591319"W. A DISTANCE OF 20.00 FE]r'T, wENCE N30'36'41"W. A O151ANCL CIS 41-01 FTC!: m'NCF S592319'W. A DISTANCJ"' Of 296.70 1: Nii�NCE S30-36'41 -W A DISTANCE 01: 41,()1* F T; THENCE 559'23'19'W: A DISTANCE 0 : 20. DO F -F r; MENCE". N30'36'41"W, A DISTANCE Ci' 41,01 D;ENCE ' S59'23'19"W A DISTANCE OF 257.55 FEET; !HCNCF Sff39:13-'01: t DISTANCE' OF 3 5 2 8 i I-.- ;1'[NCE S80 33 20"VV. A OISTANCL OF 7.44 TI,;[CNC,' N13'30'29"W, A 0 11 S1 AN C F. 0;: 20,00 1!-�ENCF N50:33'201- " A DiS I ANCE OF 6,77 1 [,Cf; 11,i[NCE N68 39'1371 A DIS I ANCt;' OF 82.58 FEE::'; THENCC N59'23 . 19 " E. A DISTANCE OF 265.93 1::--'; 'D-;ENCj. N30'36'41"WI A DISTANCE C IF 34,02 FEE 1: PIENCE N59'23'19"E A DISTANCE 0, 20.00 �ELT; I . l., F, N CE S30*36'41"F.: A 01STANC;OF 34.02 r1EI": THENCE N59'23'19"E. A DISIANCi-.. OF. 296.70 fi.rj-; fllj� - 'NCj: 1,130'3G'41"W, A OtS rAN(.E' OF 43.41 1` Efl; Ei i V N C F: N59-23'19"E, A DISI ANCFL OF 20.00 1. 11F,,NCE. S30*36'41 "!', A DIS!'ANC' 01: 43.41 1!iENCC N59:23-19"[ A DISTANCE.� 07 259.77 1tr I; I TNCi N32 38'29"��. A DISTANCE OF 39.98 :L OE 20LOO � ff�: frI;CNCE S57'21'31­W, A DiSfANCI S32A:29-E,- A DES 1 ANCr OF40.68 FiC.LFF; 19 1'KENCE S59 23 L A DS i'ANC,-' Of: .311.57 FIEC THj'NC[ N30'36'41 "W, A DIS i'ANC1' OF 185.73 iE'NCj: 1419'13'19"W. A DISTANCE 01 55.10 JHCNC= N2*07)6"W, A DISIANCL Of- 3112 FEE. V; r .iENCE NO'00'54"1-. A DISTANCE' DI" 46.35 1 r.i- - T;-?ENC ",- 589*59'06"".. A D:STANCI. OF 20.00 FrEl; J::CNC:E. 50*00'54"W A D!STANC" OF 46.39 f'EE': N D557ANCr Of 28,12 FEET.- HENCE 519'13' 6Q� A �SIANOE50.10 I-CLI; D,!1:NC;: S30'36'41'T. A D'S'ANCI!, Of' 18,,74 VVFI: fiit:NCE 559-23'19"W, A DlSiANU. 01" 20.74 fE'J,-.` TO !K.. FASI TINE Of SAID 114-. FHENCI A:.,ONG SAID EA51 LENE. SO'00'54"'.q. A D:STANC;7. OF-23 24 F"t'-1 TO THE PANNI O�" 8F.,:NNING CON;WNINC 37.538.38 SF (0.8618 AC.) MORi7 OR LESS I COLORADO PROf):'SSIONAI. LAND SURVEYOR - NO 38231 F_OR AND ON BEHALF OF PEAK C:NA! CONSLIJ-ANIS, INC. 200 W. HAIVIPDEN AVENUE- SU!F 200 Ir-NGi.EW1QOD, CO 80110 .......... W[J-0 COUNTY, .. COI ORADO 1 A 20' VJAVEEAS7EM'1--'.NT IN iS0U1,Hw-1--S;, FR 1/ON[ 4 0- SECTiON 12, -- 'THF 1(.)ANSi;P 2 T Rom. 1!IC NLIMB7R 1 NOR H. RANCE 68 WFS'i, P.M., OWN 0 -r F i R E . STON'. COUNIV 01- Wr.{..D, S"AILC!iCCR' I OAIF: 04/07/14 joa mvmnm: 12.17 .D LW.. O^ CO,,-ORADO. 4456884 Pages: 4 of 6 12/28/2018 03:42 PM R Fee:$38.ee Carly Koppes, Clerk and Recorder, Weld County, CO mill proplylk, VIVA Muj III, R V 19MV, ild 11111 EXHIBIT A-1 A PART OF THE SOUTHWEST 1/4 OF SECTION 12. TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH. P.M., TOWN OF FIRESTONE, COUNTY OF WELD. STATE OF COLOR) SHEET 2 OF 2 ® Nit 1.3 ST', % AD "5, ve, jp 7R CC' F - o 0,111IN;- R: CO 80503 2-:1 CW POINT OF COMMENCEMENT S I/- Cp3 S'C 17 ZOUND .43 C D 0 S: R (I'W NOM P Q;r., F A K C; i. 06-61. p3v9., ECILJJIIY J'r 1 -_ f) . S -I 'A. R.: 12 17 P. cc)-.0,' ADO. 4456884 Pages: 5 of 6 12/28/2018 03:42 PM R Fee:$38.00 Carly Koppes, Clark and Recorder, Weld County, CO mill NP11101111 EXHIBIT A -7- A PART OF THE SOUTHWEST 1/4 OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 613 WEST, OF THE 6TH. P.M., TOWN OF FIRESTONE, COUNTY OF WELD. STATE OF COLORADO LEGAL DUCRIPMR; SHEET I OF 2 AN ACUSS FASIE.1AFNI 30.00 FIE:I W01' S;IUMED IN 1HE SOUAVI;S' CORNER OF S.COON 12, 1011"Nsi-IP 2 Nophi, RANCF 68 %VEST OF 106T[. TO%VNl 1VtD COUNTY, COiORADO, DESCRIBED AS FO:.' OVfS; COMm-NONG Al, SOUTH 1/4 CORNER OF SECTION 12 AND C0NS10,-'RING iii?., SOUR- LINE. 0;' !41: QUARTFIR OF' SAtD ..�F .(-7,ON Q TO BEAR S89-3I'2.5F; !I-.' k - ACE ALONG IfIF FAST iJW,: U SAID SOU IdWr:S1 1/4 N00'00'54"W, A DiSTANCE OF 132.5 68 I-EE THENCE N89'59 . 09"W A 0IS­ANC1' OF 149.00 10 4,7 POINI &- BEGINNING: T;-,FN3:" 501Y00'54'4 VCR A OiSIANCE 01 1232 T0 A POINI ON A CURVE Y.-,FNCALONG 111L ARC OF 5XD CURVL FO 114E, FOR A D,SFANCI U *5.68 FLE'l. HAV114G, A ,RADIUS ffr- 237.00 QEI, A 0-N[RA1. ANGi.F 02- 30'37'35" ANQ W,iOSE CHORD BEARS S 1517'54 ­F F'()R A DO;! ANCT-' OF' 12.5 18 VIE. 1; T"IENU 530'36'41'T FOR A US:'ANCE Q's: 1:53.26 I El­t, -'0 A PO!N f CIN A CL-IRV-.; A!,ON(, h4i: ARC 0' SAID CURT',. TO 'HE R:Gii FOR A DISIANICE OF 78.54 1".' i ;-iAV,NG A RADIUS 0' �' 50.00 A C;NIRAi- ANGLE90'00'00" AND M�OSF C€j()RP HFARS S14-23-19"W FOR A DISTANCE. Of" 70.71 'FF r: iw-t4CE S59'23'19-w FOR A DiSIANCIm. Di w4.35 71�J, TO A POINI ON 11. CtjIZVW.: A:,GW] IH':1 ARC OF SAID CuRV.- M I'TiF FOR A DISIANCF. Of' 126.06 -iWN6 A RAO:US Or 445.00 FE-1, A UNIFRA!, ANGJ 0' . 16'13'50" AND Vj! JOS17 EI.FARS S67'30'14­W FOR A 6125.6-, 1HENCE NI3'37'35"'A FOR A MSiANCE U' 30.00 F�U.I. TO A PO!N! ON A CURVE; tHENCE AI Ora;, r!i:: ARC, 0, r SAID CtjRV--': IO PIE {.'71: ! I'OR A D:.SIANCOF 11716 NHFI. HAVING A RADA)s Or 1500 FE-'l, A C{:N!RAi, ANCtl: Cjl16'10'34" AND WHOSE ChORO BEARS N67'28'36­F IOR A DISIANCm 0:' 116,7e. 'IiLNCc N59'2.3'19'1 iOR A DISIANCL 01 1114,35 UU, €O A PONT ON A CLIRVI:- H'NCL ALONG 1114: ARC OF SAID Ct1RV;' TO ['I lj;�- I FOR A D!SIANCE OF 31.42 1': F), !;AVINC A RADR)S Of- 20.00 " A C-.NIRAI ANQ-F O--� 90'00'00" AND Wic)�,E 1,710RD 6F.ARS N14-23'19A FOR A DLStANCF OF 28.28 CEEI: N30'36'41"W t:OR A DISIANCi.- 0: 13.5.26 17i:0. [O A PO.N! ON A CURVE;; TriFNCE &UNG ARC OF SAID GuRV..' 10 IHf. RVi FOR A DISTANCE Or t42,72 HAVING A RADRIS OF 267.00 Hi I, A CENIRAL ANG F OF 30'37'35" AND MOST CroRD B:ARS N15,17'54-w FOR A DISTANCE 0;' 141.03 rEF 1: IH1F.'NCF NU0'00'51"r FOR A O�S'ANCE 0!" 32 32 ":HENCE S89'59'06-L" FOR A DIS]ANCE' 0'.- 30.00 FU-'j, 10 PO!N1 OF SEGIMNG. CON 1NNiNC 47736.6.5 SOLIARE, ! Li- 1 (1.096 ACRLS), N40RI: OR I ESS )82 31 () k4 � 0,6R`AOO PROF'ES&ONA�. LAND SJRVi'YOR r10 38231 FOR AND ON 1. OF PEAK CI'11t CONSUTANIS, INC. 200 %4,', HAMPIDEN AVFNLJF,, SU:W 200 L'NGJj;"WOOL), CO 60110 WFLD COUNTY, (,'01 ORADO R' SCTAil: R.0:,Y. r4AC NUMBER � A 20' WATI-ER LAN[ EASLM:'�'.NT :N T` F 50U-1'�W!-_S114 :Df7 .j !, ; 1 Cj�ofj S1�-. . 12. -: OWNS' -!:p 2 RANGE. 68 W-Sl, OF' 11-125E, 6 P.M., [OWN 0" FRIESIOME, COUNTY 0'= WE i- D, S� A F. I C:---CK4:D 0y; 84 ' nAfl: n4/D7/14 I ino Numnm: 12.m ; 0[ (,(Ji..UNAUU. I 4456884 pages: 5 of 6 12/28/2018 03:42 PM R Fee:$38-00 Carly Koppes, Clerk and Recorder, Weld County, CO mill NFAMPAW100A VAAMMIJAM 11111 ILLUSTRATION FOR EXHIBIT A —I- A PART OF THE SOUTHWEST 1/4 OF SECTION 12. TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH. P.M., TOWN OF FIRESTONE, I COUNTY OF WELD. STATE OF COLORADO )SHEET 2 OF 2 142. 72' NM'36'C"W 133.26' 31. 4 2' R=2000' 1 78.54' ACCESS R 415.00 I *A:1�j.Ejj7jj:L7 VAS! !,1141: R 4 4 5 0 0* \\'�`N 6'13'50" I 3'-V'35"W 3000, POINT ()F CommENCEMENT ;Srx 71?N S I /A Cm. S� - 'C. 17 r'ouw7 f-S RLOAR 1%1.11,1 2 112" ALUM. CAP t.5 24670 0.5' 81,Ww ROAD SURFACE SOL;'.'r4 LINT $V1 1/4 SL. N WJX ZD L ZUt-J.91 0INKIF R: ; &. i PARTNERS! ';P, L.P 6530 DAY!: L y CT NIW01, Co 80503 RW 149.00' S0"00*f,4"VJ 32.32' 1 :- 126,68' .—R-, 23T00' &-�30'37'35- IN THE SOUT.: W A 30' ACCC.SS _AS MEN 0-iwLs 'I OWNSHIP 2 NORTI 1-E-D COUNlY, C01-ORADO m W, 1 /4 0` S�: C -ION 12, F).M. 'OWN UF RANGE. 68 VVES1, O� P j EL SCALE: 1*,2(10' R,0N. -i 0. STA FE 0 IRESW TONE, COUN fY OF , cqL64E6 ey. an Wt: 64/07/14 j J013 NVURM 12,1 COLORADO. ORDINANCE NO.945 AN ORDINANCE APPROVING THE VACATION OF A WATERLINE EASEMENT AND EMERGENCY ACCESS EASEMENT WITHIN THE NEIGHBORS POINT SUBDIVISION WHEREAS, by Easement Deed dated May 13, 2014 recorded with the Weld County Clerk and Recorder on May 19, 2014 at Reception No. 4017081, the Town was granted a waterline easement, which easement is legally described and depicted on Exhibit A-1, attached hereto and incorporated herein by reference (the "Waterline Easement"); and WHEREAS, by Easement Deed dated May 13, 2014 recorded with the Weld County Clerk and Recorder on May 19, 2014 at Reception No. 4017080, the Town was granted an emergency access easement, which easement is legally described and depicted on Exhibit A-2, attached hereto and incorporated herein by reference (the "Access Easement"); and WHEREAS, the Town has approved Final Plats for Neighbors Point Filing Nos. 3 and 4, which includes the property encumbered by the Waterline and Access Easement and which plats provide for new access and utility easements; and WHEREAS, the Board of Trustees has determined that there no longer exists a need, for the Waterline and Access Easements; and WHEREAS, the Board of Trustees has determined the Waterline and Access Easements are not and will not be needed for any public purposes and are not being used or held for park purposes or for any other governmental purpose; and WHEREAS, the Town Board desires to vacate its interests in the recorded Access Easement and Waterline Easement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town hereby vacates that certain Waterline Easement conveyed to the Town by Easement Deed dated May 13, 2014 recorded with the Weld County Clerk and Recorder on May 19, 2014 at Reception No. 4017081, which easement is legally described and depicted on Exhibit A-1, attached hereto and incorporated herein by reference (the "Waterline Easement'). Section 2. The Town hereby vacates that certain Access Easement conveyed to the Town by Easement Deed dated May 13, 2014 recorded with the Weld County Clerk and Recorder on May 19, 2014 at Reception No. 4017080, which easement is legally described and depicted on Exhibit A-2, attached hereto and incorporated herein by reference (the "Access Easement"). Section 3. The Mayor is authorized to execute such additional documents as may be necessary to evidence the vacation of the Waterline and Access Easements vacated by this ordinance. Section 4. All other ordinances or portions thereof inconsistent or in conflict with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN TITLE ONLY this QY-/6 day of &, 20 / TOWN OF FIRESTONE, COLORADO J, ATTEST: ®% '� r L'A OM10 Leah Vanarsdail, Town Clerk Mayor 10118/2018 1:45 PM jmac]R:TrestonclSvbdivisions\NeighborsPoint EasementVacation Ord 92.doe 2 ORDINANCE NO. 945: AN ORDINANCE APPROVING THE VACATION OF A WATERLINE EASEMENT AND EMERGENCY ACCESS EASEMENT WITHIN THE NEIGHBORS POINT SUBDIVISION INTRODUCED, PASSED and ADOPTED, this 24th, day of October, 2058. ATTEST, /s/Bobbi 5indeiar, Mayan /s/Leah vanarsdall,Town Clerk The complete text of the ordinance is available at Town Hall and on the Town's of icia€ website Published: Longmont Times -Call October 29, 2018 - 1527132 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Boulder State of Colorado The undersigned, Crystal Musser , being first duly swom under oath, states and affirms as follows: 1. Helshe is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Longmont Times Call. 2. The Longmont Times Call is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks In Boulder County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 24.70-103. 3. The notice that is attached hereto is a true copy, published in the Longmont Times Call in Boulder County on the following datetsl: Oct 29, 2018 J�d: nd sw o me b fore me this/�y of ba �/�/ Notary Public MELISSA L NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084049936 (SEAL) MY COMMISSION EXPIRES DEC. 11, 2018 Account: 1051150 Ad Number: 1527132 Fee: $12.76 Bit ORDINANCE NO. 944 AN ORDINANCE ADDING A NEW SECTION TO CHAPTER 2.04 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE APPLICATION OF TOWN ADMINISTRATIVE POLICIES AND PROCEDURES TO THE MEMBERS OF THE TOWN BOARD OF TRUSTEES AND BOARDS AND COMMISSIONS WHEREAS, the Board of Trustees, members of standing and ad hoc Boards and Commissions, Town officers, and Town staff endeavor to treat one another, as well as constituents and other persons, with professionalism and respect; and WHEREAS, the Town has administratively adopted policies and procedures relating to employment practices and procedures for Town employees which further promote professionalism and respect within the workplace; and WHEREAS, the Board of Trustees has concluded that formally adopting by reference those existing policies and procedures set forth herein, and applying such provisions to members of the Board of Trustees and members of standing and ad hoc Boards and Commissions would codify best practices in professionalism; and WHEREAS, the Board of Trustees has further concluded that applying such policies and procedures, established to guide the employment practices and promote professionalism of Town employees, to Trustees and to members of Boards and Commissions promotes fairness by creating uniform policies for all persons in Town public service. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 2.04 of the Firestone Municipal Code is hereby amended by the addition of a new 2.04.165 to read as follows: 2.04.165. Application of Certain Administrative Policies and Procedures to Elected and Appointed Officials. A. Application of Procedures. The employment policies and procedures adopted by the Town pertaining to equal opportunity employment, harassment, violence, discrimination, retaliation, ethics and general rules of conduct, and any future amendments thereto, shall apply to the Mayor, the members of the Board of Trustees, and all members appointed to standing and ad hoc Boards and Commissions of the Town. B. Provision of Policies and Procedures. The Director of Human Resources shall provide a copy of the policies and procedures to the Mayor, the members of the Board of Trustees, and all members appointed to standing and ad hoc Boards and Commissions of the Town. C. Complaints and Action. Any complaint made pursuant to the employment policies and procedures incorporated and applied to the appointed or elected officials in subsection A. of this section shall be made to the Director of Human Resources. If the Director makes a determination, based on the complaint, that disciplinary action is necessary, the Director shall recommend such action to the Mayor and the Board of Trustees. The Mayor and the Board of Trustees shall review the recommendation of the Director and shall make the decision on any disciplinary action for the appointed or elected officials in this section. However, if the subject of the complaint is the Mayor or a member of the Board of Trustees, that elected official must recuse himself or herself and may not participate in hearing or session at which the complaint is considered. Section 2. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND. ORDERED PUBLISHED IN FULL this 24U' day of October, 2018. Al, R 0 Attest: ' 1OUNT11i..G�w " "a Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO U& � arm 1�6bbi Sin elan Mayor ORDINANCE NO. 94L: AN ORDINANCE ADDING A NEW SECTION TO CHAPTER 2.04 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE APPLICATION OF TOWN ADMINSTRA71VE POLICIES AND PRO- CEDURES TO THE MEMBERS OF THE TOWN BOARD OF TRUSTEES AND BOARDS AND COMMISSIONS INTRODUCED, PASSEL) and ADCPTED, this 24th, day of October, 2018. ATTEST: /s/Bobbi Sindelar, Mayor /s/Leah Vanarsdall,Tawn Clerk The camplete text of the ordinance i5 available at Town Hall and on the Town's official website Published: Longmont Times -Call October 29, 2018 - 1527129 f Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Boulder State of Colorado The undersigned, _ Crystal Musser , being first duly sworn under oath, states and affirms as follows: 1. He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Longmont Times Call. 2. The Longmont Times Call is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks In Boulder County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 24-70-103. 3. The notice that is attached hereto is a true copy, published in the Longmont Times Cal! in Beulder County on the following date(s): Oct 29, 2018 . III �bs/cribed and tome before me this 6 day of Notary P 11C MELISSA L NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20064049936. MY COMMISSION EXPIRES DEC. 11, 2018 (SEAL) Account: 1051150 Ad Number: 1527129 Fee: $14.50 IE ORDINANCE NO.943 AN ORDINANCE AMENDING THE FIRESTONE MUNICIPAL CODE REGARDING LATE FEES FOR FAILURE TO TIMELY RENEW BUSINESS AND SALES TAX LICENSES WHEREAS, pursuant to Section 5.04.150 of the Firestone Municipal Code ("Code"), business licensees are required to renew business licenses annually, on or before the expiration date of any license or licenses issued to the licensee for the current year; and WHEREAS, pursuant to Section 3.08.120 of the Code, sales tax licensees are required to renew sales tax licenses on or before January 1 st of each year; and WHEREAS, the Board of Trustees finds the current provisions of the Code are insufficient to deter untimely renewal of business and sales tax licenses and that the Town incurs added costs for administering late renewals of licenses; and WHEREAS, the Board of Trustees of the Town of Firestone desires to amend the Firestone Municipal Code to amend the penalties for failure to timely renew business licenses and to establish penalties for failure to timely renew sales tax licenses; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 5.04.150 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are sigh): 5.04.150 - Renewals. Any licensee may make application for a new license for the succeeding year and pay the required fee therefor, on or before the expiration date of any license or licenses issued to the licensee for the current year. Whenever any application and license fee payment therefor is not received on or before the expiration date of any license issued for the current year, and the licensee continues to engage in the business or activity for which the license was issued, in addition to other penalties which may be imposed, a penalty of ten dollars ($10.00) pefeent of the affletM4 of the heense shall be imposed and collected. and Further, an additional late charge of ten dollars $1� 0.00) shall be imposed for each thirty-dgy period that passes after the license expiration date. In addition to the above penalty provision, it is unlawful for a licensee to continue to engage in any business or activity after his or her license therefor has expired. Section 2. Section 3.08.120 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are s#fieken dirough): 3.08.120 - Sales tax license - Renewal - Licensee's duties. It shall be the duty of each sales tax licensee, on or before January i st of each year during which this Chapter remains in effect, to obtain a renewal of such sales tax license if the licensee remains in the retail business or liable to account for the tax provided in this Chapter, but nothing contained in this Chapter shall be construed to empower the Town Clerk to refuse such renewal except revocation for cause of the sales tax licensee's prior license. Whenever any renewal application and license fee payment therefor is not received by January 1 st, and the licensee remains in the retail business or liable to account for the tax provided in this Chapter, in addition to other penalties which ma. by e imposed, a penalty of five dollars ($5.00) shall be imposed and collected. Further, _an additionallate charge of five dollars ($5.00) shall be imposed for each thirty -day period that passes after the license expiration date. Section 3. Section 3.08.140 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are str-ieken thfough): 3.08.140 - Unlicensed sale prohibited. Any person engaged in the business of selling tangible personal property at retail in the Town, without having secured a current sales tax license therefor, except as specifically provided herein, shall be guilty of a violation of this Chapter. Section 4. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict. Section 6. The repeal or modification of any portion of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 7. This ordinance and the amendments to the Firestone Municipal Code set forth herein shall take effect January 1, 2019. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 26TH day of September, 2018. TOWN OF FIRESTONE, COLORADO 4 ATTEST: xe.31�. .N.........ai COf1N"� Leaf Vanarsdall, Town Clerk \o 0 Bo i SindeI ayor �+oo G ORDINANCE NO.942 AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR A NEW SNOW BLOWER WHEREAS, the Town is authorized by applicable law, including but not limited to C.R.S. § 31-15-801 et seq., to acquire equipment and to enter into leases for the same, which leases may include an option to purchase and acquire title to the leased property; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town and for the health and safety of the Town's inhabitants to acquire a new street sweeper; and WHEREAS, the Board of Trustees has determined it is in the best interest of the Town and its inhabitants to enter into the lease contemplated herein for the lease with option to purchase of one Snogo Model WK Snow Blower with Snow Blower Attachment to be used by the Town public works department; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section L The Government Obligation Contract between the Town and KS StateBank (the "Lease") for lease and acquisition of one Snogo Model WK Snow Blower with Snow Blower Attachment ("Equipment"), which Lease includes an option to purchase and acquire title to the Equipment, is hereby approved in essentially the same form as the copy of such Lease accompanying this ordinance. Section 2. The Mayor and Town Clerk are authorized to execute the Lease on behalf of the Town, except that the Mayor is further hereby granted the authority to negotiate and approve such revisions to said Lease as determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered. The Lease shall be in a principal amount not to exceed $123,405.00, will bear interest at a rate not to exceed 6% per annum and the aggregate of the initial term and all renewal terms shall not exceed four years. The Lease shall contain an option to purchase by the Town as therein set forth. Section 3. The Mayor and Town Clerk are authorized to execute the Lease on behalf of the Town. The Mayor, Town Clerk, Town Attorney, and Town staff are further authorized to execute such other documents as are necessary to implement the Lease, and Town staff is authorized and directed to make payments under the Lease for which funds are legally available. Section 4. All financial obligations of the Town under the Lease shall be subject to annual budgeting and appropriation, and nothing herein shall be deemed to authorize, or construed to authorize, any multiple -fiscal year direct or indirect obligation whatsoever. Section 5. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All actions heretofore taken by Town employees, officers and members of the Town Board of Trustees, not inconsistent with the provisions of this ordinance, are hereby ratified, approved and confirmed. Section 7. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 22nd day of August, 2018. ovu/AATTEST: Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO "4;I 8Abi SinAAr,Mayor ORDINANCE NO.941 AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR A NEW STREET SWEEPER WHEREAS, the Town is authorized by applicable law, including but not limited to C.R.S. § 31-15-801 et sec., to acquire equipment and to enter into leases for the same, which leases may include an option to purchase and acquire title to the leased property; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town and for the health and safety of the Town's inhabitants to acquire a new street sweeper; and WHEREAS, the Board of Trustees has determined it is in the best interest of the Town and its inhabitants to enter into the lease contemplated herein for the lease with option to purchase of a Dulevo 6000 Vacuum Assisted Mechanical Sweeper to be used by the Town public works department; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Government Obligation Contract between the Town and KS State Bank (the "Lease") for lease and acquisition of. a Dulevo 6000 Vacuum Assisted Mechanical Sweeper ("Equipment"), which Lease includes an option to purchase and acquire title to the Equipment, is hereby approved in essentially the same form as the copy -of such Lease accompanying this ordinance. Section 2. The Mayor and Town Clerk are authorized to execute the Lease on behalf of the Town, except that the Mayor is further hereby granted the authority to negotiate and approve such revisions to said Lease as determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered. The Lease shall be in a principal amount not to exceed $250,688.70, will bear interest at a rate not to exceed per annum and the aggregate of the initial term and all renewal terms shall not exceed five years. The Lease shall contain an option to purchase by the Town as therein set forth. Section 3. The Mayor and Town Clerk are authorized to execute the Lease on behalf of the Town. The Mayor, Town Clerk, Town Attorney, and Town staff are further authorized to execute such other documents as are necessary .to implement the Lease, and Town staff is authorized and directed to make payments under the Lease for which funds are legally available. Section 4. All financial obligations of the Town under the Lease shall be subject to annual budgeting and appropriation, and nothing herein shall be deemed to authorize, or construed to authorize, any multiple -fiscal year direct or indirect obligation whatsoever. Section 5. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All actions heretofore taken by Town employees, officers and members of the Town Board of Trustees, not inconsistent with the provisions of this ordinance, are hereby ratified, approved and confirmed. Section 7. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 8th day of August, 2018. 1 �t'' TOWN ATTEST: SEAL 1� �1 NTY, Leah Van arsdall, Town Clerk TOWN OF FIRESTONE, COLORADO �: 7"�� A "b ORDINANCE NO.940 AN ORDINANCE AMENDING SECTION 2.56.020 OF THE FIRESTONE MUNICIPAL CODE REGARDING ALTERNATE MEMBERS OF THE FIRESTONE PLANNING AND ZONING COMMISSION WHEREAS, pursuant to applicable state law, the Town has previously created a Planning and Zoning Commission; and WHEREAS, pursuant to C.R.S. § 31-23-203(4), and notwithstanding the provisions of C.R.S. §§ 31-23-203(1) and (3), the Board of Trustees may provide by ordinance for the size, membership, designation of alternate membership, terms of members, removal of members, and filling of vacancies of the Planning and Zoning Commission; and WHEREAS, the Board of Trustees by this ordinance desires to amend Section 2.56.020 of the Firestone Municipal Code to provide for appointment of alternate members of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.56.020 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are sue): 2.56.020 Members. A. The Town Planning and Zoning Commission shall consist of seven regular members who shall be appointed by the Mayor and the appointment of whom shall be confirmed by a majority of the Board of Trustees. The term of office shall be six years and appointments shall be staggered so that at least two vacancies occur every two years. All terms shall commence on the fourth Thursday in January in the year of appointment and shall expire six years thereafter. B. The Mayor shall also appoint up to five alternate members of the Planning and Zoning Commission, who shall each otherwise have the qualifications of regular members of the Commission. Each alternate member shall serve, as may be required upon request of the Commission Secretary,ring the temporary unavailability of any Commission member. Terms for alternate members shall commence upon appointment by the Mayor and shall end on December 31" of the third year following appointment, or until a successor is appointed by the Mayor. C. Regular Mmembers may be removed, after public hearing, by the Mayor for inefficiency, neglect of duty or malfeasance in office. The Mayor shall file a written statement of reasons for such removal. Alternate members may be removed by the Mayor upon appointment of a successor without a public hearing_ Vacancies in membership occurring otherwise than through the expiration of term shall be filled for the remainder of the unexpired term by the Mayor. Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 25th day of July, 2018. TOWN OF FIRESTONE, COLORADO IM42 ��fvm� FIREST bi Sinde ,,..• T •», O,y Mayor oWN � o ATTEST: O0 % y, COS. Leah Vanarsdall Town Clerk R:TireslonelOrdinanceTianningCommissionMembership (Alternates MR) doe 0) ORDINANCE NO.939 AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND ADAMS BANK & TRUST FOR THE LEASE OF OFFICE SPACE LOCATED AT 8308 COLORADO BOULEVARD WHEREAS, the Town has the authority to lease property in accordance with applicable law, including but not limited to, C.R.S. § 31-15-101; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town to lease space to meet the current needs of the Town for professional office space; and WHEREAS, for such purpose, there has been proposed a lease agreement between the Town and Adams Bank & Trust for the Town to lease approximately 2,350 square feet of professional office space located at 8308 Colorado Boulevard in the Town of Firestone; and WHEREAS, the Board of Trustees has determined it is in the best interest of the Town to enter into the lease contemplated herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves a Lease Agreement between the Town of Firestone and Adams Bank & Trust (the "Lease") for the lease of certain real property located at 8308 Colorado Boulevard (WCR 13) in the Town of Firestone, Colorado, more specifically designated as Suites 214-221 and Suite 223 at said address totaling approximately 2,350 square feet, for use by the Town as Town professional offices, in substantially the form of such Lease as accompanies this ordinance. Section 2. The Mayor is hereby authorized to execute such Lease on behalf of the Town, except the Mayor is hereby further granted the authority to approve such revisions to said Lease as determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered. Section 3. The Mayor, Town Clerk, Interim Town Manager and Town staff are authorized to execute such other documents as are necessary to implement the Lease, and to make payments under the Lease for which funds are legally available. The Town's financial obligations under the Lease are expressly subject to annual appropriation by the Board of Trustees and nothing in this ordinance or the Lease is intended or shall be construed to create any multiple -fiscal year direct or indirect Town debt or fiscal obligation whatsoever. Section 4. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of 1 Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 251" day of Jam, 2018. F\R�S TO roWN •t c�` Of =' Attest: ' .•' oc� O GtirY IL Leah Vanarsdall Town Clerk TOWN OF FIRESTONE, COLORADO bi Sinde r, Mayor 2 4412154 ' Pages: 1 of 4 06/28/2018 02:59 PM R Fee:$28.00 Carly Kcppes, Clerk and Recorder, Weld County, CO mill NFAVIwlOW'�ti�'�i�N Y �f1y=« W h 11111 ORDINANCE NO.938 AN ORDINANCE APPROVING THE VACATION OF AN EMERGENCY ACCESS EASEMENT WITHIN THE TOWN OF FIRESTONE WHEREAS, by Easement Deed dated September 17, 2015 recorded with the Weld County Clerk and Recorder on October 15, 2015 at Reception No. 4150505, the Town was granted an emergency easement, which easement is legally described and depicted on Exhibit A, attached hereto and incorporated herein by reference (the "Access Easement"); and WHEREAS, the Town has approved a Final Plat for Neighbors Point Filing No. 7, which includes the property encumbered by the Access Easement and which plat provides access through an extension of Stagecoach Avenue; and WHEREAS, the Board of Trustees has determined that there no longer exists a need for the Access Easement; and WHEREAS, the Board of Trustees has determined the Access Easement is not and will not be needed for any public purposes and is not being used or held for park purposes or for any other governmental purpose; and WHEREAS, the Town Board desires to vacate its interests in the recorded Access Easement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section L The Town hereby vacates that certain Access Easement conveyed to the ToAn by Easement Deed dated September 17, 2015 recorded with the Weld County Clerk and Recorder on October 15, 2015 at Reception No. 4150505, which easement is legally described and depicted on Exhibit A, attached hereto and incorporated herein by reference (the "Access Easement"). Section 2. The Mayor is authorized to execute such additional documents as may be necessary to evidence the vacation of the Access Easement vacated by this ordinance. Section 3. All other ordinances or portions thereof inconsistent or in conflict with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN TITLE ONLY this 271h day of June, 2018. 1 14411154 Pages: 2 of 4 06/28/2018 02 : 59 PM RFee : $28.00� rlL I y �f'� II 11 Carly f PPB5Recorder. mill 1w1Ia1I" 16 ��lI W �f711 County,eld �11�1�1'1,i III TOWN OF FIRESTONE, COLORADO E !r Ao) ' o Bo i Sindel ,Mayor U-; .0 ATTEST: g <0 r.0� anarsdall, Town Clerk , 6121/2018 10:45 AIM [mac]R1Fires[onclSubdivisions\NeighborsPointAccessEasemen[Vacation Ord.doc 2 4411154 Pages: 3 of 4 06/28/2018 02:59 PIS R Fee:$28.00 Carly Koppes, Clerk and Recorder, Weld County, CO mill mpolp 1 vVIC N 1.1041W I NIS hI%'� k 11111 EXHIBIT "N' LEGAL DESCRIPT- 14M A TEMPORARY TURPIAR(PJN0 EASEMENT OVER. AND ACROSS A PO€?11OM OF THE SOUru AST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH; .fi kNGE 68 WEST OF THE P. PRINCIPAL MERIDti�1N; TOWN OF rlREST0NE. COL INTY C IF� WELD,,, ,, i E OF Cfli.QT;AC�3: BEING MORE PARTICf-A ARLY [IFSCRIBEDAS FOLLOWS: BASIS OF HEARINGS: a HI= EAST L114E OF SAID SOUTHWEST QIJA'tr, ER OF SECTION 12, MONUMENTED AS !SHOWN HEREON AND HA\gNGA BEADING OP SOUTH 030054" V EST COMM04C ING AT THE NOR THIVVEST CORNER OF THE RIGHT-OF-WAY OF SNOWPERky AVENUE, AS PLATTED IN NEIGHBORS POINT FILING NO.2 UNDER RECEPTION NUMBER 3472263 IN THE RECORDS OF THE WELD COh1N'IY CLERK ANO RECORDER; THENCE WRTH 65=42�03" EAST. ALONG THE NOFt rHERLY RIGHT-OF-}A'AY OF $AID? SN9WOERRY AVE SUE. A DISTANCE.OF 24.12. FEET TO THE POINT OF EEGINNIN(l.; THENCE. CON'tiNUING NOFTYN 65042'03' EAST ALONG SAID WJ147HERLY RIGHT-OF-WAY. A DISTANOE OF 29.57 FEET TO THE BEGINNING OF ,'A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 20.00 FEET, THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE Or 951112V4V, AN ARC LENGTH Or 33.29 FEET TO A POINT ON THE WESTERLY RIGHT -OF --WAY OF 6TAGECOACH AVENUE A5 PLATTED IN EWD NEIGHBORS POINT f [LING NO. 2. HEINO THE BEGINNIIHG .OF A GOMP OUND GURVE CONCAVE SOUTHWESTERLY HAVINGA RADIUS OF 523.00 FEET; THENCE NORTHWESTERLY ALONG SAID WESTERLY RIGHT-OFANAY AND SAID CURVE THROUGH A CENTRAL ANO E OF 03"0945. AN ARC LENGTH OF 28.87 FEET TO 1 HE BEGINNING OF A NOW TANGENT CURVE CONCAVE EASTERLY HAVING A MDIUS OF 48.00 FEE[, THE RADIUS POINT OF SAID. CURVE SEARS SOUTH 26°3€352" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH R CENTRAL ANGLE OV 90`44'3S-. AN ARC, LENGTH OF 7&02-FEE-T TO THE P(AN-i OF REfsINNING. CONTAINING AN AREA OF 0.043 ACRES, i i.88I SQUARE FEET), MORE OR LESS. EXHIBIT ATTACHED AND. MADE A PART HERE JAMES- E. LYNCH, PLS. ?40. 31033' FOR AND ON SEHALF OF A7.TEC; CONS UUTAN 300 E. MINERAL AVE., SUITE 1, LIf'Tt > "!ON, CD 80122 303.713-1898 VA46215.02 -Neighbors Pal -it (C5)V eBal,\Tvmp Tor.naromid Easemgnt.doo Dare i sf 2 4411154 Pages: 4 of 4 06/28/2018 02:59 PM R Fee:$28.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 PF fFAI+i NIAt Idly AViUMV W 49 Ii 111 �.4 UNPLA F E•ED Ism /'t sL.m. 1.2, T-2N.. R-60w., SIXTH PI-M, NF.IG111113OR'S: Ea01W' Yid_.\ );ARCLk CC'NTAiNS f (SQ.FT. 0.043 ACRES MORE OR i.Es \ iy q` ; N: �• i e,�35Z1'.41 a+ ; 00 mmr .j` C'J N 2:qktm Y* co �1 -- 1 €D if V7 Cli �1.L Cri Q.D 7'• Li 1211, pf'm" F.-ki #:,1. mik 4-I/ ' .A.uu oAir ROTE; HS !1i?AifiNG idCES NOT ij£MSEN? A F,Cl#} #{MUE)M) SMU AND IS ORLX RlTsJIXD MMICT THL ATTA.XD MAL DESCMMS EASEMENT EXHIBIT ......._..................k f _� i� s't". c teasel. Stlx.u..._...W d�is SW 1�4, SEC. 12. T2id, Rfi$YV, fili F'.4.f.TAh1.�v:�roviz.«: acx. FlRESTONE~� COLORADO LriAJf: 1A � l�ubfit4G21S Q3 : 3 2 ORDINANCE NO.937 AN ORDINANCE APPROVING AN AGREEMENT FOR THE SALE AND PURCHASE OF WINDY GAP UNITS WHEREAS, the Town of Firestone, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-45.1- 101 gt se . (the "Town"), owns and operates a potable water system and related facilities; and WHEREAS, the Board of Trustees of the Town, which is the governing body of the enterprise (the "Board"), finds and determines that it is in the best interest of the Town and its citizens for the Town to pursue the purchase of additional water rights in order to expand the Town's water resources; and WHEREAS, for such purpose, there has been proposed an Agreement for Sale and Purchase of Windy Gap Units (the "Agreement") with the Platte River Power Authority, as seller, for the Town's acquisition of five (5) unfirmed units of Windy Gap Water, as such term is defined in the Agreement (the "Water Rights"); and WHEREAS, the Board by this ordinance desires to approve the Agreement, authorize its execution, and authorize other actions in connection with the acquisition of the Water Rights. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The foregoing recitals are incorporated herein and made a part of this ordinance. Section 2. The proposed Agreement for Sale and Purchase of Windy Gap Units between the Town of Firestone and the Platte River Power Authority (the "Agreement"), for the Town's acquisition of five (5) unfirmed units of Windy Gap Water, as such term is defined in the Agreement (the "Water Rights"), is hereby approved in essentially the same form as the copy of such Agreement accompanying this Ordinance. The Board of Trustees hereby authorizes the purchase of the Water Rights in accordance with the terms and conditions of the Agreement, which are incorporated herein by reference. The total purchase price for the Water Rights and all rights appurtenant to the Water Rights shall be $10,000,000.00, and title to the Water Rights will be conveyed free and clear of all liens, encumbrances, assessments or leases, of any kind. Section 3. The Mayor and Town Clerk are hereby authorized to execute and deliver the Agreement on behalf of the Town; provided, however, that the Mayor is hereby further granted the authority to negotiate and approve such pre -execution and post -execution revisions and amendments to the Agreement 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 Agreement are not altered. The execution of the Agreement by the Mayor and Town Clerk shall be conclusive evidence of the approval by the Board of the Agreement in accordance with the terms hereof and thereof. 1 Section 4. The Mayor, Town Clerk and other officers, employees and agents of the Town are further authorized to execute and deliver all documents necessary in connection with the closing of the purchase of the Water Rights, and to do all things necessary on behalf of the Town to perform the obligations of the Town under the Agreement, including without limitation the execution and delivery of all documents necessary or required by the title company or district in connection with the closing. Section 5. All actions heretofore taken (not inconsistent with the provisions of this ordinance) by the Board or the officers or agents of the Board or the Town relating to the Agreement are hereby ratified, approved and confirmed. Section b. Town payment for the Water Rights shall be made in cash, certified funds or Town warrant, subject to the Agreement and to any necessary budgetary transfers or supplementary budgets and appropriations in accordance with State law. Such Town payment is subject to and conditioned upon satisfaction of all conditions and contingencies in the Agreement and the Town retains the right to terminate the Agreement as provided therein in the event any conditions or contingencies are not satisfied, including without the limitation the contingency for financing acceptable to the Town therein. Section 7. Nothing in this ordinance is intended to nor should be construed to create any multiple -fiscal year direct or indirect Town debt or fiscal obligation whatsoever. Section S. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. - The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. INTRODUCED, READ, PASSED ADOPTED, APPROVED, AND ORDERED PUBLISHED BY TITLE ONLY this 270' day of June, 2018. ATTEST: N 0101� O a la o, �'�. G; �Ud_ 668 Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO —3bi 7inde , Mayor 2 ORDINANCE NO.936 AN ORDINANCE AMENDING THE FIRESTONE MUNICIPAL CODE REGARDING E- TICKETING FOR TRAFFIC INFRACTIONS WHEREAS, the Firestone Board of Trustees ("Board") desires to amend the Firestone Municipal Code ("Code") to expressly authorize the electronic generation and electronic signing of summonses and complaints and penalty assessment notices for traffic infractions issued by the Firestone Police Department for violations of Title 10 of the Code and the Model Traffic Code as amended and adopted therein; and WHEREAS, the Board further desires to amend the Code to clarify that tender by an officer of a summons and complaint or penalty assessment notice constitutes notice to the violator to appear in court at the time specified on such summons or penalty assessment or to pay the required fine and surcharge thereon, so long as it is reasonably clear from the face of the ticket that the ticket was personally served on the defendant prior to the expiration of the one- year statute of limitations; and WHEREAS, the Board further desires to amend the Code clarify that the Court may issue a warrant for a defendant's arrest or enter a default judgment against the defendant for failure to pay or appear, regardless of whether the defendant has signed the summons and complaint or penalty assessment notice, provided that proper service can be inferred from the information contained on the face of such summons and complaint or penalty assessment notice; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Title 10 of the Firestone Municipal Code is hereby amended by the addition a new Section 10.04.060, to read as follows: Sec. 10.04.060.- Electronic tickets authorized — service — no defendant signature required. (A) The Municipal Court shall not dismiss any charges or refuse to enforce any provision of this Chapter or the Model Traffic Code as adopted herein solely because a summons and complaint or penalty assessment notice is issued in electronic form or contains an officer's electronic signature. (B) Tender by an officer of a summons and complaint or penalty assessment notice shall constitute notice to the violator to appear in court at the time specified on such summons or to pay the required fine and surcharge thereon; provided that, it must be reasonably clear from the face of the ticket that the ticket was personally served on the defendant prior to the expiration of the one-year statute of limitations. The officer's signature, electronic or otherwise, shall be prima facie evidence the ticket was personally served on the defendant. The date 1 appearing next to the officer's signature shall be prima facie evidence of the date on which the ticket was served on the defendant. (C) The fact that a summons and complaint or penalty assessment notice was not signed by the defendant shall in no way affect the authority of the Municipal Court to issue a warrant for the defendant's arrest or to enter against the defendant a judgment of liability by default for failure to appear or to pay, or the authority of the Municipal Court to assess against the defendant penalties for failure to appear or to pay. Section 3. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 13th day of June, 2018. TOWN OF FIRESTONE, COLORADO "k� �Wma SrtONF BWki Sindel , Mayor ATTEST: G c�U(VT� Leah Vanarsdall, Town Clerk 2 ORDINANCE NO.935 AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR A NEW SNOW AND ICE TRUCK WHEREAS, the Town is authorized by applicable law, including but not limited to C.R.S. § 31-15-801 et seq., to acquire equipment and to enter into leases for the same, which leases may include an option to purchase and acquire title to the leased property; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town and for the health and safety of the Town's inhabitants to acquire a new snow and ice truck; and WHEREAS, the Board of Trustees has determined it is in the best interest of the Town and its inhabitants to enter into the lease contemplated herein for the lease with option to purchase of a 2019 7600 SFA 6x4 International Truck to be used by the Town public works department; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Government Obligation Contract between the Town and Baystone Government Finance, a division of State Bank (the "Lease") for lease and acquisition of a 2019 7600 SFA 6x4 International Truck, which Lease includes an option to purchase and acquire title to the truck, is hereby approved in essentially the same form as the copy of such Lease accompanying this ordinance. Section 2. The Mayor and Town Clerk are authorized to execute the Lease on behalf of the Town, except that the Mayor is further hereby granted the authority to negotiate and approve such revisions to said Lease as determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered. The Lease shall be in a principal amount not to exceed $252,215.00, will bear interest at a rate not to exceed 6.5% per annum and the aggregate of the initial term and all renewal terms shall not exceed five years. The Lease shall contain an option to purchase by the Town as therein set forth. Section 3. The Mayor and Town Clerk are authorized to execute the Lease on behalf of the Town. The Mayor, Town Clerk, Town Attorney, and Town staff are further authorized to execute such other documents as are necessary to implement the Lease, and Town staff is authorized and directed to make payments under the Lease for which funds are legally available. Section 4. All financial obligations of the Town under the Lease shall be subject to annual budgeting and appropriation, and nothing herein shall be deemed to authorize, or construed to authorize, any multiple -fiscal year direct or indirect obligation whatsoever. Section 5. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All actions heretofore taken by Town employees, officers and members of the Town Board of Trustees, not inconsistent with the provisions of this ordinance, are hereby ratified, approved and confirmed. Section 7. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 131h day of .Tune, 2018. ATTEST: 1.0 /. k I )A ' a Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO 106& �,46U4 04 • �1+ ^y� / ORDINANCE NO.934 AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR A NEW ROTARY MOWER WHEREAS, the Town is authorized by applicable law, including but not limited to C.R.S. § 31-15-801 et seg., to acquire equipment and to enter into leases for the same, which leases may include an option to purchase and acquire title to the leased property; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town and for the health and safety of the Town's inhabitants to acquire anew rotary mower; and WHEREAS, the Board of Trustees has determined it is in the best interest of the Town and its inhabitants to enter into the lease contemplated herein for the lease with option to purchase of a new Toro Groundsmaster 4000-D rotary mower to be used by the Town public works department; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Governmental Lease -Purchase Agreement between the Town and TCF Equipment Finance, a division of TCF National Bank (the "Lease") for lease and acquisition of a new Toro Groundsmaster 4000-D rotary mower, which Lease includes an option to purchase and acquire title to the mower, is hereby approved in essentially the same form as the copy of such Lease accompanying this ordinance. Section 2. The Mayor and Town Clerk are authorized to execute the Lease on behalf of the Town, except that the Mayor is further hereby granted the authority to negotiate and approve such revisions to said Lease as determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered. The Lease shall be in a principal amount not to exceed $64,832.00, will bear interest at a rate not to exceed 4.91 % per annum and the aggregate of the initial term and all renewal terms shall not exceed three years. The Lease shall contain an option to purchase by the Town as therein set forth. Section 3. The Mayor and Town Clerk are authorized to execute the Lease on behalf of the Town. The Mayor, Town Clerk, Town Attorney, and Town staff are further authorized to execute such other documents as are necessary to implement the Lease, and Town staff is authorized and directed to make payments under the Lease for which funds are legally available. Section 4. All financial obligations of the Town under the Lease shall be subject to annual budgeting and appropriation, and nothing herein shall be deemed to authorize, or construed to authorize, any multiple -fiscal year direct or indirect obligation whatsoever. Section 5. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All actions heretofore taken by Town employees, officers and members of the Town Board of Trustees, not inconsistent with the provisions of this ordinance, are hereby ratified, approved and confirmed. Section 7. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 13"' day of June, 2018. TOWN OF FIRESTONE, COLORADO bi Sind , Mayor ATTEST: N 0 Q . OV Leah Vanarsdall, Town Clerk 0�`��... .,,•.'G cou�'r'q, ORDINANCE NO.933 AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR SIX NEW PUBLIC WORKS VEHICLES WHEREAS, the Town is authorized by applicable law, including but not limited to C.R.S. § 31-15-801 et seq., to acquire equipment and to enter into leases for the same, which. leases may include an option to purchase and acquire title to the leased property; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town and for the health and safety of the Town's inhabitants to acquire six new public works vehicles; and WHEREAS, the Board of Trustees has determined it is in the best interest of the Town and its inhabitants to enter into the lease contemplated herein for the lease with option to purchase of 2018 Ford F-250 vehicles to be used by the Town public works department; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Master Equipment Lease -Purchase Agreement between the Town and Ford Motor Credit Company LLC (the "Lease") for lease and acquisition of six 2018 Ford F-250 vehicles, which Lease includes an option to purchase and acquire title to the vehicles, is hereby approved in essentially the same form as the copy of such Lease accompanying this ordinance. Section 2. The Mayor and Town Clerk are authorized to execute the Lease on behalf of the Town, except that the Mayor is further hereby granted the authority to negotiate and approve such revisions to said Lease as determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered. The Lease shall be in a principal amount not to exceed $166,559.00, will bear interest at a rate not to exceed 6.20% per annum and the aggregate of the initial term and all renewal terms shall not exceed five years. The Lease shall contain an option to purchase by the Town as therein set forth. Section 3. The Mayor and Town Clerk are authorized to execute the Lease on behalf of the Town. The Mayor, Town Clerk, Town Attorney, and Town staff are further authorized to execute such other documents as are necessary to implement the Lease, and Town staff is authorized and directed to make payments under the Lease for which funds are legally available. Section 4: All financial obligations of the Town under the Lease shall be subject to annual budgeting and appropriation, and nothing herein shall be deemed to authorize, or construed to authorize, any multiple -fiscal year direct or indirect obligation whatsoever. Section 5. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All actions heretofore taken by Town employees, officers and members of the Town Board of Trustees, not inconsistent with the provisions of this ordinance, are hereby ratified, approved and confirmed. Section 7. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL thisJ� 6, Iay of. 018. TOWN OF FIRESTONE, COLORADO 70&y - TOWN ATTEST: c0fj*. y' GGw Leah Vanarsdall, Town Clerk *ft I FORD CREDIT REVISED Lease/Purchase Financing Proposal Town of Firestone, Schedule: 9230101 May 16.2018 .Quantity . s: t ' description Price, fi 2018 Ford F-250 $27,669.00 Total Amount ." of _.. .. . Payrnert RiII. cedx. °Payments r ,' PAyrrf6ht Timing , :APR- ,< ' � Factor. Payment Amount $166,559.00 5 Annual in Advance-, 6.20% 0.224755 $37,434.97 '$545.00 underwriting fee included EXPIRATION DATE: 07/13/2018 All vehicles must be delivered, executed contract and payment to Ford Credit prior to this date. This proposal, until credit approved, is not a comnilonent by Ford Credit Municipal Finance. It has been prepared assuming that the lease qualifies for Federal Income Tax Exempt Status for Ford Credit Company LLC under Section 103 of the IRS Code. Financing is subject to credit review and approval of acceptable documentation by Ford Credit Municipal Finance; MUNICIPALITY REQUIREMENTS In order for us to proceed with the approval process, please fax to (3113) 390-3783 or email jdoty@ford.com the following items: Most recent audited financial statements. Copy of Board Resolution or Meeting Minutes showing proof of appropriation. Completed Municipal Finance Application (attached), Note'. Please forward the signed original Municipal Finance Application by mail to Ford Credit Municipal Finance, 1 American Road -MD 7500, Dearbom, MI 48126, DEALERSHIP REQUIREMENTS In order for Ford Credit Municipal Finance to prepare the LeaWPurchase Financing documentation for the municipality; the folloi!ving items are required from Spradley Barr Ford: Vehicle vin number(s) and/or equipment serial number(s). Itemized list of equipment, if applicable. On dealership letterhead, provide the following wire instructions, if not already on file in the following format: o dealership`s bank name, o dealership's bank 9-digit ABA routingnumber, o dealership's bank account number', o signature and title of person providing the information. Note: You should not. deliver any of the vehicle(s) and/or equipment to .the municipality until credit has been approved and we receive our fully executed contract and first payment, if"applicable. Ford Motor Credit Compariy rFUCC-1 is providing the Information contained In this document for discussion purposes only In connection with a proposed arm's length commercial leasing transaction between you and FWC. FMCC Is acting for Its own Interest and has financial and other interests that differfrom yours. FMCC Is not acting as a municipal adviser orfinancia[ advisorto you, and. has no nduclary duty to you. lire laromwtlon provided In this document Is notIntended to be and should not be, construed as "advice" within the meaning of Section 168 of the Securities Exchange Act of 1934 and the municpal advisor Ad" of the SM FUCC Is not ►ecomritending that you take an action end. you should discuss any actions with your own advisers as you deem appropriate. r:. 4434064 Pages: 1 of S 09/26/2018 03:17 PM R Fee:$48.00 Carly Koppes, Clerk and Recorder, Weld County, Co mill NFAVIw�r�CA11 ORDINANCE NO.932 AN ORDINANCE APPROVING AN OUTLINE DEVELOPMENT PLAN AMENDMENT FOR A PORTION OF THE NEIGHBORS POINT ANNEXATION WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of an Outline Development Plan ("ODP") amendment for certain property consisting of approximately 55.095 acres, which is a portion of the property that was annexed to the Town as the Neighbors Point Annexation; and WHEREAS, all materials related to the proposed ODP amendment have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone 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, at which the applicant and other interested persons presented testimony to the Commission and at which a number of documents were made a part of the record, and recommended approval of the application with conditions; and WHEREAS, the Board of Trustees considered the proposed ODP amendment at a duly noticed public hearing held on March 28, 2018; and WHEREAS, the Board of Trustees finds that the proposed ODP amendment is consistent with the Town's plan for the area and that the applicant has demonstrated that the proposed ODP amendment meets the applicable criteria of the Town's ordinances and Development Regulations; and WHEREAS, the Board of Trustees finds the proposed ODP amendment should be approved, subject to certain conditions; and WHEREAS, no protests were received by the Town pursuant to C.R.S. § 31-23-305. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado hereby approves the proposed Neighbors Annexation Outline Development Plan Amendment No.1, an amendment to a portion of Neighbors Annexation Outline Development Plan., the legal description of which property is set forth in Exhibit A, attached hereto and incorporated herein by reference, subject to the conditions set forth on Exhibit B, attached hereto and incorporated herein by reference. f e 4434064 Jpages: 2 of 8 0g/26/2018 03: Clark and Recorder. e:$4 .0 County, CO Carly KOPPHs, III INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 28"' day of March, 2018. Paul Sorensen, Mayor ATTEST: Leah Vanarsdall �y�� • _ , • i/l Y2W018 JUGAM [kmk] R�Tsu sionelSuhdirisionsWeishham Point 3 4 G 7 0DP Amend otd.doc PA t 4434064 Pages: 3 of 8 09/26/2018 03:17 PM R Fee:$48.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 IF19111huMMIMPAW V, IN1AWA 11 II EXHIBIT A Neighbors Annexation Outline Development Plan Amendment No. I An Amendment to a Portion of Neighbors Annexation Outline Development Plan Legal Description FILING NO.3 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89031'25" EAST; THENCE SOUTH 89°31'25" EAST, A DISTANCE OF 1496.63 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00028-35" EAST, A DISTANCE OF 80.00 FEET; THENCE NORTH 51020'12" EAST, A DISTANCE OF 55.94 FEET; THENCE SOUTH 57037'41" EAST, A DISTANCE OF 66.83 FEET; THENCE SOUTH 89031'25" EAST, A DISTANCE OF 90.97 FEET; THENCE NORTH 36031'25" EAST, A DISTANCE OF 24.46 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEETAND A CENTRAL ANGLE OF 74046" 1 ", AN ARC DISTANCE OF 57.42 FEET (CHORD BEARS NORTH 89°08'19" EAST, 53.43 FEET); THENCE NORTH 51"45'14" EAST, A DISTANCE OF 11.77 FEET; THENCE SOUTH 38014'46" EAST, A DISTANCE OF 36.39 FEET; THENCE SOUTH 89031'25" EAST, A DISTANCE OF 432,73 FEET; THENCE NORTH 00028'35" EAST, A DISTANCE OF 134,00 FEET; THENCE NORTH 89031-25" WEST, A DISTANCE OF 42.00 FEET; THENCE NORTH 00028'35" EAST, A DISTANCE OF 54.00 FEET; THENCE NORTH 8903V25" WEST, A DISTANCE OF 3.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 267.00 FEETAND A CENTRAL ANGLE OF 05050'52", AN ARC DISTANCE OF 27.25 (CHORD BEARS SOUTH 87°33'09" WEST, 27.24 FEET); THENCE SOUTH 84037'42" WEST, A DISTANCE OF 72.50 FEET; THENCE NORTH 00000'54" EAST, A DISTANCE OF 212.95 FEET; THENCE NORTH 13048'44" WEST, A DISTANCE OF 23.67 FEET; THENCE NORTH 22022'36" WEST, A DISTANCE OF 112.24 FEET; THENCE NORTH 59023'19" EAST, A DISTANCE OF 110.57 FEET; THENCE NORTH 30036'41" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEETAND A CENTRAL ANGLE OF 95°2814", AN ARC DISTANCE OF 33.33 FEET (CHORD BEARS NORTH 11 °39'12" EAST, 29.60 FEET); THENCE NORTH 63004'14" EAST, A DISTANCE OF 54.63 FEET; THENCE. ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEETAND A CENTRAL ANGLE OF 85024'27", AN ARC DISTANCE OF 29.81 FEET (CHORD BEARS SOUTH 77°54'27" EAST, 27.13 FEET); THENCE NORTH 59023'19" EAST, A DISTANCE OF 88.11 FEET; THENCE NORTH 33024'16" WEST, A DISTANCE OF 116.57 FEET; THENCE NORTH 46009'42" WEST, A DISTANCE OF 65.00 FEET; THENCE NORTH 52034'21" WEST, A DISTANCE OF 195.00 FEET; THENCE NORTH 3702639" EAST, A DISTANCE OF 167.00 FEET; THENCE SOUTH 52034'21" EAST, A DISTANCE OF 11.72 FEET; THENCE NORTH 37025'39" EAST, A DISTANCE OF 140.00 FEET; THENCE NORTH 56051'16" EAST, A DISTANCE OF 44.27 FEET; 3 4434064 Pages: 4 of 8 09/26/2018 03:17 PM R Fee:$48.0d Caunty, CO Carly KOPPes, Clerk and Recorder, mill NPAII V W iv 11h,U C 1A kh",N'A M& THENCE NORTH 64017'20" EAST, A DISTANCE OF 126.49 FEET; THENCE NORTH 69033'17" EAST, A DISTANCE OF 48.16 FEET; THENCE SOUTH 89059'08" EAST, A DISTANCE OF 140.01 FEET; THENCE SOUTH 00000'54" WEST, A DISTANCE OF 67.49 FEET; THENCE SOUTH 89959'06" EAST, A DISTANCE OF 179.00 FEET; THENCE SOUTH 00000'54" WEST, ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF SECTION 12, A DISTANCE OF 1325.67 FEET, THENCE NORTH 89031'25" WEST, A DISTANCE OF 1202.59 FEET, TO THE POINT OF BEGINNING, CONTAINING 833,692 SQUARE FEET OR 19.139 ACRES, MORE OR LESS FILING NO.4 THAT PORTION OF THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89031'25" EAST; THENCE NORTH 86011'39" EAST, A DISTANCE OF 1544.33 FEET TO THE POINT OF BEGINNING; THENCE NORTH 1204120" EAST, A DISTANCE OF 75.28 FEET; THENCE NORTH 07021'26" EAST, A DISTANCE OF 46.14 FEET; THENCE NORTH 00028'35" EAST, A DISTANCE OF 106.46 FEET; THENCE NORTH 13030'29" WEST, A DISTANCE OF 54.01 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 415.00 FEET AND A CENTRAL. ANGLE OF 07051'49", AN ARC DISTANCE OF 56.96 FEET (CHORD BEARS SOUTH 79029'16" WEST, 56.91 FEET); THENCE NORTH 08014'53" WEST, A DISTANCE OF 130.90 FEET; THENCE NORTH 76023'49" EAST, A DISTANCE OF 72.29 FEET; THENCE NORTH 55054-17" EAST, A DISTANCE OF 69.31 FEET; . THENCE NORTH 43024'45" EAST, A DISTANCE OF 55.95 FEET; THENCE NORTH 46035'15" WEST, A DISTANCE OF 43.79 FEET; THENCE NORTH 43024'45" EAST, A DISTANCE OF 110.00 FEET; THENCE SOUTH 46035'15" EAST, A DISTANCE OF 38.04 FEET; THENCE NORTH 37025'39" EAST, A DISTANCE OF 450.84 FEET; THENCE SOUTH 52034'21" EAST, A DISTANCE OF 195.00 FEET; THENCE SOUTH 46009'42" EAST, A DISTANCE OF 66.00 FEET; THENCE SOUTH 33024'16" EAST, A DISTANCE OF 116.57 FEET; THENCE SOUTH 59023'19" WEST, A DISTANCE OF 88.11 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20,00 FEET AND A CENTRAL ANGLE OF 85024'27", AN ARC DISTANCE OF 29.81 FEET (CHORD BEARS NORTH 77-54,27" WEST, 27.13 FEET); THENCE SOUTH 63004'14" WEST, A DISTANCE OF 54.63 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 95028'14", AN ARC DISTANCE OF 33.33 FEET (CHORD BEARS SOUTH 11039'12" WEST, 29.60 FEET); THENCE SOUTH 3003641" EAST, A DISTANCE OF 54.00 FEET; THENCE SOUTH 59023'19" WEST, A DISTANCE OF 110.57 FEET; THENCE SOUTH 22022'36" EAST, A DISTANCE OF 112.24 FEET; THENCE SOUTH 13048'44" EAST, A DISTANCE OF 23.67 FEET; THENCE SOUTH 00000'54" WEST, A DISTANCE OF 212.95 FEET; THENCE NORTH 84037'42" EAST, A DISTANCE OF 72.50 FEET; 4 4434064 Pages: 5 of S 09/26/2018 03:17 PM R Fee:$48.00 Carly KOpPeS. Clerk and Recorder, Weld County. CO mill NfAc hill i 1m"m I4AW10 0 61I 111 THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 267.00 FEET AND A CENTRAL ANGLE OF 05050'52", AN ARC DISTANCE OF 27.25 FEET (CHORD BEARS NORTH 87-33-09" EAST, 27.24 FEET); THENCE SOUTH 89031'25" EAST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 00028'35" WEST, A DISTANCE OF 54.00 FEET; THENCE SOUTH 89031'25" EAST, A DISTANCE OF 42.00 FEET; THENCE SOUTH 00028'35" WEST, A DISTANCE OF 134.00 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 432.73 FEET; THENCE NORTH 38°14'46" WEST, A DISTANCE OF 36.39 FEET; THENCE SOUTH 51045'14" WEST, A DISTANCE OF 11.77 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 74046'11", AN ARC DISTANCE OF 57.42 FEET (CHORD BEARS SOUTH 89°08'19" WEST, 53.43 FEET); THENCE SOUTH 36031'25" WEST, A DISTANCE OF 24.46 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 90.97 FEET; THENCE NORTH 57037'41" WEST, A DISTANCE OF 66.83 FEET TO THE POINT OF BEGINNING, CONTAINING 447,309 SQUARE FEET OR 10.269 ACRES, MORE OR LESS FILING NO.6 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89"31'25" EAST; THENCE NORTH 53042'18" EAST, A DISTANCE OF 2259.21 FEET TO THE POINT OF BEGINNING; THENCE NORTH 34011'00" WEST, A DISTANCE OF 142,04 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 103046'43", AN ARC DISTANCE OF 79.70 FEET (CHORD BEARS NORTH 24046'24" WEST, 69.24 FEET); THENCE NORTH 34027'58" WEST, A DISTANCE OF 269.47 FEET; THENCE NORTH 23020'16" EAST, A DISTANCE OF 39.01 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 99013'46", AN ARC DISTANCE OF 76.20 FEET (CHORD BEARS NORTH 03"54'39" WEST, 67.03 FEET); THENCE NORTH 31°57'02" WEST, A DISTANCE OF 138.60 FEET; THENCE NORTH 70000'20" EAST, A DISTANCE OF 213.56 FEET; THENCE NORTH 65044'10" EAST, A DISTANCE OF 196.01 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 584.00 FEET AND A CENTRAL ANGLE OF 09924'32", AN ARC DISTANCE OF 95.90 FEET (CHORD BEARS SOUTH 29045'41" EAST, 96.80 FEET); THENCE SOUTH 34027'58" EAST, A DISTANCE OF 3.30 FEET; THENCE NORTH 55032'02" EAST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90600'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS SOUTH 79027'58" EAST, 28.28 FEET); THENCE NORTH 55032'02" EAST, A DISTANCE OF 53.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 267.00 FEET AND A CENTRAL ANGLE OF 06°19'37", AN ARC DISTANCE OF 29.48 FEET (CHORD BEARS NORTH 58°41,51" EAST, 29.47 FEET); THENCE NORTH 17012'01" WEST, A DISTANCE OF 126.15 FEET; THENCE NORTH 80010'18" EAST, A DISTANCE OF 148,20 FEET; 5 4434064 Pages: 6 of 8 09/26/2018 03:17 PM R Fee:$48.00 Carly Koppes, Clerk and Recorder, Weld County, CO mill mrsAINMIMWAmmwlvinvM161I 111 THENCE NORTH 64027'13" EAST, A DISTANCE OF 70.27 FEET; THENCE SOUTH 55006'24" EAST, A DISTANCE OF 59.68 FEET; THENCE SOUTH 36006'40" EAST, A DISTANCE OF 58.39 FEET; THENCE SOUTH 05049'26" EAST, A DISTANCE OF 53.23 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 213.00 FEET AND A CENTRAL ANGLE OF 18028'31", AN ARC DISTANCE OF 68.68 FEET (CHORD BEARS NORTH 74056'19" EAST, 68,39 FEET); THENCE SOUTH 24017'57" EAST, A DISTANCE OF 54.00 FEET; THENCE SOUTH 11000'06" EAST, A DISTANCE OF 77.68 FEET; THENCE SOUTH 11004'44" WEST, A DISTANCE OF 53.68 FEET; THENCE SOUTH 27059'05" WEST, A DISTANCE OF 82.46 FEET; THENCE SOUTH 37005'43" WEST, A DISTANCE OF 81.48 FEET; THENCE SOUTH 17020'40" EAST, A DISTANCE OF 68.10 FEET; THENCE SOUTH 0801124" EAST, A DISTANCE OF 131.34 FEET; THENCE SOUTH 85030'59" WEST, A DISTANCE OF 78.12 FEET; THENCE SOUTH 71024'51" WEST, A DISTANCE OF 102.80 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 373.00 FEET AND A CENTRAL ANGLE OF 01030'42", AN ARC DISTANCE OF 9.84 FEET (CHORD BEARS NORTH 19020'30" WEST, 9.84 FEET); THENCE SOUTH 60010'57" WEST, A DISTANCE OF 139.73 FEET; THENCE SOUTH 56025'46" WEST, A DISTANCE OF 65,00 FEET; THENCE SOUTH 49040-55" WEST, A DISTANCE OF 141.59 FEET; THENCE SOUTH 46"57'17" WEST, A DISTANCE OF 121.94 TO THE POINT OF BEGINNING; CONTAINING 482,692 SQUARE FEET OR 11.081 ACRES, MORE OR LESS FILING NO.7 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89031'25" EAST; THENCE NORTH 37022'17" EAST, A DISTANCE OF 2466.48 FEET TO THE POINT OF BEGINNING; THENCE NORTH 13"56'45" WEST, A DISTANCE OF 142.80 FEET; THENCE NORTH 28056'38" EAST, A DISTANCE OF 20.22 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 73�43'23", AN ARC DISTANCE OF 56.62 FEET (CHORD BEARS NORTH 11003'30" WEST, 52.79 FEET); THENCE NORTH 51003'37" WEST, A DISTANCE OF 26.25 FEET; THENCE NORTH 17054'46" WEST, A DISTANCE OF 138.43 FEET; THENCE NORTH 86037'26" WEST, A DISTANCE OF 117.46 FEET; THENCE NORTH 00"00'54" EAST, A DISTANCE OF 97.14 FEET; THENCE NORTH 47058'58" EAST, A DISTANCE OF 59.33 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 31059'06", AN ARC DISTANCE OF 24.56 FEET (CHORD BEARS NORTH 14042'53" WEST, 24.24 FEET) THENCE NORTH 61040'36" WEST, A DISTANCE OF 65.90 FEET; THENCE NORTH 12000'26" WEST, A DISTANCE OF 32.59 FEET; THENCE NORTH 00001'57" EAST, A DISTANCE OF 113.66 FEET; THENCE ALONG THE NORTH LINE OF SAID SW 114 OF SECTION 12, SOUTH 89°58'03" EAST, A DISTANCE OF 1297.99 FEET; THENCE SOUTH 11010'57" WEST, A DISTANCE OF 108.23 FEET; 0 4434064 - - - Pages: 7 of 8 - - - - 09/26/2018 03:17 PM R Fee:$48.00 Carly Koppes, Clerk and Recorder, Weld County, CO mill KRIWIN&IMAL'YI1dAWARUCIIIA Hill THENCE SOUTH 10032'07" EAST, A DISTANCE OF 142.43 FEET; THENCE SOUTH 50023'30" WEST, A DISTANCE OF 204.82 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 523.00 FEET AND A CENTRAL ANGLE OF 09056'52", AN ARC DISTANCE OF 90.80 FEET (CHORD BEARS SOUTH 34°38'04" EAST, 90,69 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 95021'41", AN ARC DISTANCE OF 33.29 FEET (CHORD BEARS SOUTH 18°01'13" WEST, 29,58 FEET); THENCE SOUTH 65042'03" WEST, A DISTANCE OF 53.69 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 213.00 FEET AND A CENTRAL ANGLE OF 18°28'31" AN ARC DISTANCE OF 68.68 FEET (CHORD BEARS SOUTH 74-56-19" WEST, 68.39 FEET); THENCE NORTH 05049'26" WEST, A DISTANCE OF 53.23 FEET; THENCE NORTH 36006'40" WEST, A DISTANCE OF 58.39 FEET; THENCE NORTH 55006'24" WEST, A DISTANCE OF 59.68 FEET; THENCE SOUTH 64027'13" WEST, A DISTANCE OF 70.27 FEET; THENCE SOUTH 80010'18" WEST, A DISTANCE OF 148.20 FEET; THENCE SOUTH 17012'01" EAST, A DISTANCE OF 126.15 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 267.00 FEET AND A CENTRAL ANGLE OF 06019'37", AN ARC DISTANCE: OF 29.48 FEET (CHORD BEARS SOUTH 58041'51" WEST, 29.47 FEET); THENCE SOUTH 55032'02" WEST, A DISTANCE OF 53.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 79-27-58" WEST, 28.28 FEET); THENCE SOUTH 55032'02" WEST, A DISTANCE OF 54.00 FEET; THENCE NORTH 34027'58" WEST, A DISTANCE OF 3.30 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 584.00 FEET AND A CENTRAL ANGLE OF 09024'32", AN ARC DISTANCE OF 95.90 FEET (CHORD BEARS NORTH 29"45'41" WEST, 95.80 FEET); THENCE SOUTH 65044'10" WEST, A DISTANCE OF 196.01 FEET; THENCE SOUTH 7000020" WEST, A DISTANCE OF 213.56 FEET, TO THE POINT OF BEGINNING; CONTAINING 636,235 SQUARE FEET OR 14.606 ACRES, MORE OR LESS 7 4434064 Pages: 8 of 8 09/26/2018 03:17 PM R Fee:$48.00 Carly Koppes, Clark and Recorder, Weld County, CO mill VAN I M11VIOU Nft `lvli�k& 11111 EXHIBIT B Outline Development Plan Amendment No.1 An Amendment to a Portion of Neighbor's Annexation Outline Development Plan Conditions of Approval Revise the ODP map to show the existing three platted filings faded back; only the filings subject to this ODP amendment should be shown in bold. 2. Provide an updated title commitment, dated no later than one month prior to recording of final documents. 3. Revise the title block to read as follows: NEIGHBORS ANNEXATION OUTLINE DEVELOPMENT PLAN NO. I AN AMENDMENT TO A PORTION OF NEIGHBORS ANNEXATION OUTLINE DEVELOPMENT PLAN TOWN OF FIRESTONE WELD COUNTY STATE OF COLORADO SHEET X OF 3 4. Revise ODP map to include an email address for each owner. 5. Revise the legal description to include the beginning portion for Parcel A (Filing No. 3) provide the missing direction call out within the legal description for Parcel d (Filing No. 7), and reduce font size if needed to include the entire legal description on one page. b. Revise the Circulation Systems and Land Use and Zoning sections to reflect what is being changed with this ODP amendment. 7. Revise the Circulation Systems section to include acknowledgement of the three existing platted subdivisions and refer to Firestone street names rather than county roads, 8. Update the Land Use table to include only the property subject to this ODP amendment. Delete Planning Commission approval block. 10. Revise the Town Board approval block to refer to the number of this ordinance approving the ODP amendment. 11. Revise the Acceptance Block and Notary to list the owner's name and remove the applicant references from the block and signature. ORDINANCE NO.932 AN ORDINANCE APPROVING AN OUTLINE DEVELOPMENT PLAN AMENDMENT FOR A PORTION OF THE NEIGHBORS POINT ANNEXATION WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of an Outline Development Plan ("ODP") amendment for certain property consisting of approximately 55.095 acres, which is a portion of property that was annexed to the Town as the Neighbors Point Annexation; and WHEREAS, all materials related to the proposed ODP amendment have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone 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, at which the applicant and other interested persons presented testimony to the Commission and at which a number of documents were made a part of the record, and recommended approval of the application with conditions; and WHEREAS, the Board of Trustees considered the proposed ODP amendment at a duly noticed public hearing held on March 28, 2018; and WHEREAS, the Board of Trustees finds that the proposed ODP amendment is consistent with the Town's plan for the area and that the applicant has demonstrated that the proposed ODP amendment meets the applicable criteria of the Town's ordinances and Development Regulations; and WHEREAS, the Board of Trustees finds the proposed ODP amendment should be approved, subject to certain conditions; and WHEREAS, no protests were received by the Town pursuant to C.R.S. § 31-23-305. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado hereby approves the proposed Neighbors Annexation Outline Development Plan Amendment No. 1, an amendment to a portion of Neighbors Annexation Outline Development Plan, the legal description of which property is set forth in Exhibit A, attached hereto and incorporated herein by reference, subject to the conditions set forth on Exhibit B, attached hereto and incorporated herein by reference. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 28'b day of March, 2018. Paul Sorensen, Mayor ATTEST: 'TOWN SEAL 10 1 Leah Vanarsdall Town Clerk 312612018 10,00 AM jknl-] R-Tireslone\S¢bdivisionsWeighhon; Point 4 6 7 OAP Amend ord.doc 2 EXHIBIT A Neighbors Annexation Outline Development Plan Amendment No. I An Amendment to a Portion of Neighbors Annexation Outline Development Plan Legal Description FILING NO. 3 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89031'25" EAST; THENCE SOUTH 89031'25" EAST, A DISTANCE OF 1496.63 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00028'35" EAST, A DISTANCE OF 80.00 FEET; THENCE NORTH 51020-12" EAST, A DISTANCE OF 55.94 FEET; THENCE SOUTH 5703741" EAST, A DISTANCE OF 66.83 FEET; THENCE SOUTH 89031'25" EAST, A DISTANCE OF 90.97 FEET; THENCE NORTH 36031'25" EAST, A DISTANCE OF 24.46 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET ANC A CENTRAL ANGLE OF 74046" 1", AN ARC DISTANCE OF 57.42 FEET (CHORD BEARS NORTH 89-08-19" EAST., 53.43 FEET); THENCE NORTH 51045'14" EAST, A DISTANCE OF 11.77 FEET; THENCE SOUTH 38014'46" EAST, A DISTANCE OF 36.39 FEET; THENCE SOUTH 89031'25" EAST, A DISTANCE OF 432.73 FEET; THENCE NORTH 00028'35" EAST, A DISTANCE OF 134.00 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 42,00 FEET; THENCE NORTH 00028'35" EAST, A DISTANCE OF 54.00 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 3.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 267.00 FEET AND A CENTRAL ANGLE OF 05050'52", AN ARC DISTANCE OF 27.25 (CHORD BEARS SOUTH 87°33'09" WEST, 27.24 FEET); THENCE SOUTH 84037'42" WEST, A DISTANCE OF 72.50 FEET; THENCE NORTH 00000'54" EAST, A DISTANCE OF 212.95 FEET; THENCE NORTH 13048'44" WEST, A DISTANCE OF 23.67 FEET; THENCE NORTH 22"22'36" WEST, A DISTANCE OF 112.24 FEET; THENCE NORTH 59"23'19" EAST, A DISTANCE OF 110.57 FEET; THENCE NORTH 30"36'41" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 95°28'14", AN ARC DISTANCE OF 33.33 FEET (CHORD BEARS NORTH 11-39-12" EAST, 29.60 FEET); THENCE NORTH 63004'14" EAST, A DISTANCE OF 54.63 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 85024'27", AN ARC DISTANCE OF 29.81 FEET (CHORD BEARS SOUTH 77°54'27" EAST, 27.13 FEET); THENCE NORTH 59023'19" EAST, A DISTANCE OF 88.11 FEET; THENCE NORTH 33024'16" WEST, A DISTANCE OF 116.57 FEET; THENCE NORTH 46009'42" WEST, A DISTANCE OF 65.00 FEET; THENCE NORTH 52034'21" WEST, A DISTANCE OF 195.00 FEET; THENCE NORTH 37025'39" EAST, A DISTANCE OF 167.00 FEET; THENCE SOUTH 5203421'EAST, A DISTANCE OF 11.72 FEET; THENCE NORTH 37025'39" EAST, A DISTANCE OF 140.00 FEET; THENCE NORTH 56051'16" EAST, A DISTANCE OF 44.27 FEET; THENCE NORTH 64°17'20" EAST, A DISTANCE OF 126.49 FEET; THENCE NORTH 69033'17" EAST, A DISTANCE OF 48.16 FEET; THENCE SOUTH 89°59'08" EAST, A DISTANCE OF 140.01 FEET; THENCE SOUTH 00000'54" WEST, A DISTANCE OF 67.49 FEET; THENCE SOUTH 89059'06" EAST, A DISTANCE OF 179.00 FEET; THENCE SOUTH 00000'54" WEST, ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF SECTION 12, A DISTANCE OF 1325.67 FEET, THENCE NORTH 89031'25" WEST, A DISTANCE OF 1202.59 FEET, TO THE POINT OF BEGINNING, CONTAINING 833,692 SQUARE FEET OR 19.139 ACRES, MORE OR LESS FILING NO.4 THAT PORTION OF THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LIME OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89031'25" EAST; THENCE NORTH 86011'39" EAST, A DISTANCE OF 1544.33 FEET TO THE POINT OF BEGINNING; THENCE NORTH 12041'20" EAST, A DISTANCE OF 75.28 FEET; THENCE NORTH 07021'26" EAST, A DISTANCE OF 46.14 FEET; THENCE NORTH 00028'35" EAST, A DISTANCE OF 106.46 FEET; THENCE NORTH 13°30'29" WEST, A DISTANCE OF 54.01 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 415.00 FEET AND A CENTRAL ANGLE OF 07°5149", AN ARC DISTANCE OF 56.96 FEET (CHORD BEARS SOUTH 79029'16" WEST, 56.91 FEET); THENCE NORTH 08014'53" WEST, A DISTANCE OF 130.90 FEET; THENCE NORTH 76023'49" EAST, A DISTANCE OF 72.29 FEET; THENCE NORTH 55054'17" EAST, A DISTANCE OF 69.31 FEET; THENCE NORTH 43024'45" EAST, A DISTANCE OF 55.95 FEET; THENCE NORTH 46035'15" WEST, A DISTANCE OF 43.79 FEET; THENCE NORTH 43024'45" EAST, A DISTANCE OF 110.00 FEET; THENCE SOUTH 46035'15" EAST, A DISTANCE OF 38.04 FEET; THENCE NORTH 37025'39" EAST, A DISTANCE OF 450.84 FEET; THENCE SOUTH 5203421" EAST, A DISTANCE OF 195.00 FEET; THENCE SOUTH 46°09'42" EAST, A DISTANCE OF 65.00 FEET; THENCE SOUTH 33024'16" EAST, A DISTANCE OF 116.57 FEET; THENCE SOUTH 59023'19" WEST, A DISTANCE OF 88.11 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 85°24'27", AN ARC DISTANCE OF 29.81 FEET (CHORD BEARS NORTH 77°54'27" WEST, 27.13 FEET); THENCE SOUTH 63004'14" WEST, A DISTANCE OF 54.63 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 9502814", AN ARC DISTANCE OF 33.33 FEET (CHORD BEARS SOUTH 11039'12" WEST, 29.60 FEET); THENCE SOUTH 30036'41" EAST, A DISTANCE OF 54.00 FEET; THENCE SOUTH 59023'19" WEST, A DISTANCE OF 110.57 FEET; THENCE SOUTH 22022'36" EAST, A DISTANCE OF 112.24 FEET; THENCE SOUTH 13048'44" EAST, A DISTANCE OF 23.67 FEET; THENCE SOUTH 00000'54" WEST, A DISTANCE OF 212.95 FEET; THENCE NORTH 84037'42" EAST, A DISTANCE OF 72.50 FEET; 4 THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 267.00 FEET AND A CENTRAL ANGLE OF 05050'52", AN ARC DISTANCE OF 27.25 FEET (CHORD BEARS NORTH 87°33'09" EAST, 27.24 FEET); THENCE SOUTH 89"31'25" EAST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 00028'35" WEST, A DISTANCE OF 54.00 FEET; THENCE SOUTH 89031'25" EAST, A DISTANCE OF 42.00 FEET; THENCE SOUTH 00028'35" WEST, A DISTANCE OF 134.00 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 432.73 FEET; THENCE NORTH 38014'46" WEST, A DISTANCE OF 36.39 FEET; THENCE SOUTH 51"45'14" WEST, A DISTANCE OF 11.77 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 74-46'11", AN ARC DISTANCE OF 57.42 FEET (CHORD BEARS SOUTH 89-08'19" WEST, 53.43 FEET); THENCE SOUTH 36031'25" WEST, A DISTANCE OF 24.46 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 90.97 FEET; THENCE NORTH 57037'41" WEST, A DISTANCE OF 66.83 FEET TO THE POINT OF BEGINNING, CONTAINING 447,309 SQUARE FEET OR 10.269 ACRES, MORE OR LESS FILING NO.6 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89"31'25" EAST; THENCE NORTH 53042'18" EAST, A DISTANCE OF 2259.21 FEET TO THE POINT OF BEGINNING; THENCE NORTH 34011'00" WEST, A DISTANCE OF 142.04 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 103"46'43", AN ARC DISTANCE OF 79.70 FEET (CHORD BEARS NORTH 24046'24" WEST, 6924 FEET); THENCE !NORTH 34027'58" WEST, A DISTANCE OF 269.47 FEET; THENCE NORTH 23020'16" EAST, A DISTANCE OF 39.01 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 99"13'46", AN ARC DISTANCE OF 76.20 FEET (CHORD BEARS NORTH 03054'39" WEST, 67.03 FEET); THENCE NORTH 31057'02" WEST, A DISTANCE OF 138.60 FEET; THENCE NORTH 70000'20" EAST, A DISTANCE OF 213.56 FEET; THENCE NORTH 65044'10" EAST, A DISTANCE OF 196.01 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 584.00 FEET AND A CENTRAL ANGLE OF 09024'32", AN ARC DISTANCE OF 95.90 FEET (CHORD BEARS SOUTH 29045'41" EAST, 95.80 FEET); THENCE SOUTH 34027-58" EAST, A DISTANCE OF 3.30 FEET; THENCE NORTH 55"32'02" EAST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS SOUTH 79027'58" EAST, 28.28 FEET); THENCE NORTH 55032'02" EAST, A DISTANCE OF 53.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 267.00 FEET AND A CENTRALANGLE OF 06°19'37", AN ARC DISTANCE OF 29.48 FEET (CHORD BEARS NORTH 58°41'51" EAST, 29.47 FEET); THENCE NORTH 17012'01" WEST, A DISTANCE OF 126.15 FEET; THENCE NORTH 80010'18" EAST, A DISTANCE OF 148.20 FEET; 5 THENCE NORTH 64027'13" EAST, A DISTANCE OF 70.27 FEET; THENCE SOUTH 55"06'24" EAST, A DISTANCE OF 59.68 FEET; THENCE SOUTH 36006'40" EAST, A DISTANCE OF 58.39 FEET; THENCE SOUTH 05049'26" EAST, A DISTANCE OF 53.23 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 213.00 FEET AND A CENTRAL ANGLE OF 18°28'31", AN ARC DISTANCE OF 68.68 FEET (CHORD BEARS NORTH 74056'19" EAST, 68.39 FEET); THENCE SOUTH 24017'57" EAST, A DISTANCE OF 54.00 FEET; THENCE SOUTH 11000'06" EAST, A DISTANCE OF 77,68 FEET; THENCE SOUTH 11004'44" WEST, A DISTANCE OF 53.68 FEET; THENCE SOUTH 27059'05" WEST, A DISTANCE OF 82.46 FEET; THENCE SOUTH 37005'43" WEST, A DISTANCE OF 81.48 FEET; THENCE SOUTH 17020'40" EAST, A DISTANCE OF 68.10 FEET; THENCE SOUTH 08011'24" EAST, A DISTANCE OF 131.34 FEET; THENCE SOUTH 85030'59" WEST, A DISTANCE OF 78.12 FEET; THENCE SOUTH 71024-51" WEST, A DISTANCE OF 102.80 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 373.00 FEET AND A CENTRAL ANGLE OF 0103042", AN ARC DISTANCE OF 9.84 FEET (CHORD BEARS NORTH 19020'30" WEST, 9.84 FEET); THENCE SOUTH 60010-57" WEST, A DISTANCE OF 139.73 FEET; THENCE SOUTH 56025'46" WEST, A DISTANCE OF 65.00 FEET; THENCE SOUTH 49040'55" WEST, A DISTANCE OF 141.59 FEET; THENCE SOUTH 46057'17" WEST, A DISTANCE OF 121.94 TO THE POINT OF BEGINNING; CONTAINING 482,692 SQUARE FEET OR 11.081 ACRES, MORE OR LESS FILING NO. 7 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89031'25" EAST; THENCE NORTH 37022'17" EAST, A DISTANCE OF 2466.48 FEET TO THE POINT OF BEGINNING; THENCE NORTH 13056'45" WEST, A DISTANCE OF 142.80 FEET; THENCE NORTH 28056'38" EAST, A DISTANCE OF 20.22 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 73043'23", AN ARC DISTANCE OF 56.62 FEET (CHORD BEARS NORTH 11003'30" WEST, 52.79 FEET); THENCE NORTH 51003'37" WEST, A DISTANCE OF 26.25 FEET; THENCE NORTH 17"54'46" WEST, A DISTANCE OF 138.43 FEET; THENCE NORTH 86037'26" WEST, A DISTANCE OF 117.46 FEET; THENCE NORTH 00000'54" EAST, A DISTANCE OF 97.14 FEET; THENCE NORTH 47°58'58" EAST, A DISTANCE OF 59.33 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 31059'06", AN ARC DISTANCE OF 24.56 FEET (CHORD BEARS NORTH 14042'53" WEST, 24.24 FEET) THENCE NORTH 61040'38" WEST, A DISTANCE OF 65.90 FEET; THENCE NORTH 12000'26" WEST, A DISTANCE OF 32.59 FEET; THENCE NORTH 00001'57" EAST, A DISTANCE OF 113.66 FEET; THENCE ALONG THE NORTH LINE OF SAID SW 114 OF SECTION 12, SOUTH 891,58'03" EAST, A DISTANCE OF 1297.99 FEET; THENCE SOUTH 11010'57" WEST, A DISTANCE OF 108.23 FEET; G THENCE SOUTH 10032'07" EAST, A DISTANCE OF 142.43 FEET; THENCE SOUTH 50023'30" WEST, A DISTANCE OF 204.82 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 523.00 FEET AND A CENTRAL ANGLE OF 09056'52", AN ARC DISTANCE OF 90.80 FEET (CHORD BEARS SOUTH 34038'04" EAST, 90.69 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS. OF 20.00 FEET AND A CENTRAL ANGLE OF 95021'41", AN ARC DISTANCE OF 33.29 FEET (CHORD BEARS SOUTH 18001'13" WEST, 29.58 FEET); THENCE SOUTH 65042'03" WEST, A DISTANCE OF 53.69 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 213.00 FEET AND A CENTRAL ANGLE OF 18°28'31", AN ARC DISTANCE OF 68.68 FEET (CHORD BEARS SOUTH 74°56'19" WEST, 68.39 FEET); THENCE NORTH 05049'26" WEST, A DISTANCE OF 53.23 FEET; THENCE NORTH 36006'40" WEST, A DISTANCE OF 58.39 FEET; THENCE NORTH 55006'24" WEST, A DISTANCE OF 59.68 FEET; THENCE SOUTH 64027'13" WEST, A DISTANCE OF 70.27 FEET; THENCE SOUTH 80010'18" WEST, A DISTANCE OF 148.20 FEET; THENCE SOUTH 17012'01" EAST, A DISTANCE OF 126.15 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 267.00 FEET AND A CENTRAL ANGLE OF 06"19'37", AN ARC DISTANCE OF 29.48 FEET (CHORD BEARS SOUTH 58"41'51" WEST, 29.47 FEET); THENCE SOUTH 55032'02" WEST, A DISTANCE OF 53.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 79-27,58" WEST, 28.28 FEET); THENCE SOUTH 55032'02" WEST, A DISTANCE OF 54.00 FEET; THENCE NORTH 34"27'58" WEST, A DISTANCE OF 3.30 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 584.00 FEET AND A CENTRAL ANGLE OF 09024'32", AN ARC DISTANCE OF 95.90 FEET (CHORD BEARS NORTH 29045'41" WEST, 95.80 FEET); THENCE SOUTH 65"44'10" WEST, A DISTANCE OF 196.01 FEET; THENCE SOUTH 70"00'20" WEST, A DISTANCE OF 213.56 FEET, TO THE POINT OF BEGINNING; CONTAINING 636,235 SQUARE FEET OR 14.606 ACRES, MORE OR LESS 7 EXHIBIT B Outline Development Plan Amendment No. 1 An Amendment to a Portion of Neighbor's Annexation Outline Development Plan Conditions of Approval Revise the ODP map to show the existing three platted filings faded back; only the filings subject to this ODP amendment should be shown in bold. 2. Provide an updated title commitment, dated no later than one month prior to recording of final documents. 3. Revise the title block to read as follows: NEIGHBORS ANNEXATION OUTLINE DEVELOPMENT PLAN NO. 1 AN AMENDMENT TO A PORTION OF NEIGHBORS ANNEXATION OUTLINE DEVELOPMENT PLAN TOWN OF FIRESTONE WELD COUNTY STATE OF COLORADO SHEET X OF 3 4. Revise ODP map to include an email address for each owner. Revise the legal description to include the beginning portion for Parcel A (Filing No. 3) provide the missing direction call out within the legal description for Parcel d (Filing No. 7), and reduce font size if needed to include the entire legal description on one page. 6. Revise the Circulation Systems and Land Use and Zoning sections to reflect what is being changed with this ODP amendment. 7. Revise the Circulation Systems section to include acknowledgement of the three existing platted subdivisions and refer to Firestone street names rather than county roads. 8. Update the Land Use table to include only the property subject to this ODP amendment. 9. Delete Planning Commission approval block. 10. Revise the Town Board approval block to refer to the number of this ordinance approving the ODP amendment. 11. Revise the Acceptance Block and Notary to list the owner's name and remove the applicant references from the block and signature. ORDINANCE NO. I AN ORDINANCE DISCONNECTING FROM THE TOWN OF FIRESTONE, COLORADO, CERTAIN PROPERTY OWNED BY WELD COUNTY EAST OF THE MAIN ENTRANCE TO THE SOUTHWEST WELD COUNTY SERVICE CENTER WHEREAS, there has been filed with the Town of Firestone (the "Town") pursuant to C.R.S. § 31-12-501, an application to disconnect certain real property from the corporate boundaries of the Town; and WHEREAS, the property subject to the application to disconnect consists of approximately 1.498 acres owned by Weld County located east of the main entrance to the Southwest Weld County Service Center and is described and depicted more particularly in Exhibit A attached hereto (the "Property"); and WHEREAS, pursuant to C.R.S. § 31-12-501, the Board of Trustees has given due consideration to the petition and proposed disconnection of the Property from the Town; and WHEREAS, the Board- of Trustees finds and determines that the best interests of the Town. and its citizens will not be prejudiced by the disconnection of the Property from the Town; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to C.R.S. § 31-12-501, that certain real property described and! depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"), is hereby disconnected from the Town of Firestone, Colorado, and is excluded from the corporate boundaries of the Town. Section 2. The disconnected Property shall not be exempt from the payment of ' any taxes lawfully assessed against it, if applicable, as provided in C.R.S. § 31-12-502 and shall be subject to any exercise by the Town of its rights under C.R.S. § 31-12-503. Section 3. The Town Clerk shall file two certified copies of this ordinance in the office of the Weld County Clerk and Recorder, and shall take such other actions as are necessary under C.R.S. § 31-12-501 to effect the disconnection.of the Property. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of Al .32018. TOWN OF FIRESTONE, COLORADO ------------- Paul Sorensen, Mayor . E..._ 0/kr� ,''MOWN ATTEST: �$ o m = SEA ; o b .s 0 Leah Vanarsdall, Town Clerk �, U,- 1 Y�. G0� 2 Description Exhibit DESCRIPTION: A tract of land situated in the WestY2 of Section 2, Township 2 North, Range 68 West of the 6th P.M., Town of Firestone, County of Weld, State of Colorado, being more particularly described as follows: Considering the South line of the Northwest Y4 of Section 2, Township 2 North, Range 68 West of the 6th P.M., Town of Firestone, County of Weld, State of Colorado, as bearing N 89°57'40" W with all bearings contained herein relative thereto. COMMENCING at the CenterY4 corner of Section 2, Township 2 North, Range 68 West of the 6th P.M., Town of Firestone, County of Weld, State of Colorado; thence along said South line of the Northwest l4 of Section 2, N 89'57'40" W for a distance of 799.33 feet; thence N 00"53'51" E for a distance of 30.00 feet to a point on the North Right of Way line for Weld County Road 24.5 also being the POINT OF BEGINNING; thence N 00`53'51" E for a distance of 300.32 feet; thence S 89'33'30" W for a distance of 240.00 feet; thence S 01 °08'01" E for a distance of 256.03 feet to the beginning of a non -tangent curve, concave to the South, having a radius of 825.00 feet, a chord bearing of S 77°52'25" E and a chord length of 201.98 feet; thence Southeasterly along the arc of said curve for a distance of 202.49 feet to a point of non -tangency also being a point on said North Right of way line for Weld County Road 24.5; thence S 89'57'40" E along said North Right of Way line for a distance of 32.75 feet to the Point of Beginning. CONTAINING 65,243 Square feet or 1.498 acres, more or less, and being subject to any easements or rights of way of record. �No 0 . L/CF41 U ; 4' 1 y t- NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. see sheet2fol-exhibil. P.\PMj0 d\X016\160D5\d*9\16006A007A" " 2*. 2017 — 6:12pm she&/ % Of .i # Date R e v i s i o n s Field Date Prepared for: Project#:16005.007-ROWE na Party Chief Ridgetop Engineering n a Survey Tech MDG PLS Group Proj. Manager 6843 North Franklin Avenue MBS Loveland, Colorado 80538 Scale Office 970.669.2100 - Fax 970.669.3652 m x 75 Description Exhibit 0 7 L3 portion of Northwest Y4 Section 2, po SE-1/4 rtion of Township 2 North, Range 68 West � NW-1/4 \ La!-B L01y4 J Section 2 J LOtsi 4ectnroedExempfionNo. 4ecs�rdedExemolivnNa (unplatted) R—rdedExemplionNv. \ 93>302-2-RECX92-0023 9393-OZ-2-f2ECX92-0023 13f3-02-2-h'ECX12 0023 1.498 acres \ L5 Point of Point of Commencement CI Beginning Center Corner Section 2 L1 South line NWY4, Section 2 Weld County Road 24:5 _ _ N 8bt7'40" W 799.33' WestY,s Corner, basis of bergs.—�— Section 2 60' right of way RD. Bk. 2, Pg 17 (1875) Curve Table Curve # Length Radius Delta Ch. Bearing Ch. Length C1 2D2.49' 825,00' 14°03'46" S 77"5225" E 201.98' NOTICE: According to Colorado law. you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. R\RvJ�d�OtO�tED06\d�9\�0001d067�.0 Yq 24. 2M7 — 3:12M # Date Revisions Line Table Line # Length Direction L1 30.00' N DD°53'51" E L2 300.32' N 00*53'51" E L3 240.00' S 89'33'30" W L4 256.03' S 01 "08'D1" E L5 32.75' S 89"57'40" E see sheet /for dose sl7eel 2 of 3 Field Date Prepared for: Project#:16005.007-WE n/a Ridgetop Engineering Party Chief na Survey Tech MDG PLS Group 6843 North Franklin Avenue 'raj. Manager MBS Loveland, Colorado 80538 Office 970.669.2100 - Fax 970.669.3652 Scale 1"=200' ORDINANCE NO.930 AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR A NEW MOTOR GRADER WHEREAS, the Town is authorized by applicable law, including but not limited to C.R.S. § 31-15-801 et sec., to acquire equipment and to enter into leases for the same, which leases may include an option to purchase and acquire title to the leased property; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town and for the health and safety of the Town's inhabitants to acquire the new motor grader; and WHEREAS, the Board of Trustees has determined it is in the best interest of the Town and its inhabitants to enter into the lease contemplated herein for the lease with right to purchase of one new 2018 772G Motor Grader to be used by the Firestone Public Works Department; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Lease Purchase Agreement between the Town and Deere Credit, Inc. (the "Lease") for lease with right to purchase of one new 2018 772G Motor Grader ("Grader") is hereby approved in essentially the same form and upon the same terms as the copy of such Lease and lease/purchase financing proposal accompanying this ordinance. Section 2. The Mayor and Town Clerk are authorized to execute the Lease on behalf of the Town, except that the Mayor is further hereby granted the authority to approve such revisions to said Lease as determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not -altered. The Lease shall be in a principal amount not to exceed $293,723, will bear interest at a rate not to exceed 3.75% per annum and the aggregate.of the initial term and all renewal terms shall not exceed five years. Section 3. The Mayor and Town Clerk are authorized to execute the Lease on behalf of the Town. The Mayor, Town Clerk, and Town staff are further authorized to execute such other documents as are necessary to implement the Lease, and Town staff is authorized and directed to make payments under the Lease for which funds are legally available. Section 4. All financial obligations of the Town under the Lease shall be subject to annual budgeting and appropriation, and nothing herein shall be deemed to authorizei, or construed to authorize, any multiple -fiscal year direct or indirect obligation whatsoever. Section 5. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares it. would have passed. this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section b. All other ordinances or portions thereof inconsistent of conflicting with this ordinance or any portion hereof are hereby repealed to the extent of ;such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this da �6Y of ._ YYnaQ.+CL . , 2019, TOWN. OF FIRESTONE, COLOR.ADO Paul Sorensen, Mayor STO ATTEST: OWN 10 ® Customer Purchase Order for ic John Deere Construction aid Forestry Products - USA PURCHASER NAME AND ADDRESS First Signer) DEALER NAME AND ADDRESS NAME (First, Middle Initial, !rite - DEALER NAME DEALER ACCOUNT NO - Town of Firestone 4 Rivers Equipment, LLC 17-7475 STREET OR RR - STREET or RR - - - 151 Grant AVE 3763 Monarch Street CITY STATE ZIP CODE COUNTY CITY STATE ZIP CODE Date of Order: Freestone CO 80520 weld Frederick CO. 80516 03/13/18 PHONE NUMBER EMAILADDRESS - - - DEALER ORDER NO.: TYPE OF SALE - 303-833-3291 tabkeslBh[irestoneoo.00v [] CASH ❑ LEASE ❑ TIME SALE PURCHASER NAME AND ADDRESS (Second Signer) NAME (rust, Middle, Last} PURCHASER TYPE USE CODE IMARKET 5 Local Government 42 Building, Non -Residential STREET OR RR Add purzhaser to Mi ihng fist (Cheat One or Morel ❑ Construction ❑ Utility ❑ Forestry Government CITY STATE ZIP CODE COUNTY PURCHASER IS PURCHASER ACCT.: 13USMESS 10MDUAL . PHONE NUMBER EMAIL ADDRESS U SOCIAL SECMTY U tRS TAX m FIN NO: EXTENDED WARRANTY IS LOCATION OF flR57 COUNTY CITY CODE Accepted ❑ Rejeded _,,,`(rnitiais) I W0R14MG use Weld Firestone =STATECOUNTY 123 Ultimate Upttme Package Purchased: rl Yes No - QTY NEW DEMO RENT USED EQUIPMENT (Give Made[, Size & Description) (Hours of Use) PIN or Serial Number OELNEREOCASH PIM 1 ' ❑ 13 1 El 2018 772G Motor Grader 1. Order $293 723.00 ❑ ❑ 10 6WD, Ripper, Lift Group, 14' blade with 2' ext El El 0 ❑ 9.0 FT4 Engine, Brant Snow gate, Warranty for 72 months or 3000 hours of Full machine ❑ El ❑ LJ ❑ ❑ ❑ ILI El ❑ ❑ 72-3000 full 11) TOTAL CASH PRICE $293,723.60 QTY TRADEdN (Model, Size, Description) (Hours'of Use) PIN OR SERIAL NUMBER AMOUNT 1 . 2006 Cat 140 H Motor Grader 6,000 CAT0140HHAPM02628 $70 000.00 ACKNOWLEDGEMENTS: Purchaser offers to sop, transfer, and convey the Items(s) fisted as'Trade In" to the Dealer at or pdor to the time of delivery of the above product(s), es a 9radedn" to be applied against the cash price. Purchaser represents that each Tede-W Rem shall be free and dear of all security interests, pens, and encumbrances at the time of transfer to the Dealer except to the extent shown below. The ire to be allowed for each "trade-in" Rem is fisted o this document. The Purchaser promises to pay the balance due (line 9) shown hereon in cash, or to execute a Time Sale Agreement (Retail Installment Contract), or a Loan Agreement for the purchase price of the Product(s), plus additional enarges shown thereon, or to execute a Lease Agreement, on or before delivery of the equipment ordered herein. Despite delivery of the product(s) to the Purchaser. title shall remain with the Seller uhta one of the foregoing is accomplisite0. The Purchaser and the dealer agree the tilts Purchase Order is not a security agreement and that delivery of the Product(e) to the Purchaser pursuant to this Purchase Order will not constitute possession of the Products by the Purchaser, as a debtor, for the purposes of the purchase money security provisions In any statutes retailing to personal property security of its equivalent. Purchaser understands that its rights in connection with this purchase are limited as set forth in this purchase order. (2) TOTAL TRADE-IN ALLOWANCE $70 000.00 (3) RENT APPLIED (4) SALANCE 11-3) $223 723.00 (s) SALES TAX $0 00 (e) ADDITIONAL FEES SUB -TOTAL $223 723.00 (8) TRADE PAYOFF (9) CASH WITH ORDER (10) FIZ CE oue p.8-9) $223 723.00 DISCLOSURE OF REGULATION APPLICABiLTY: When operated In Camomia, any off -road diesel veWe may be subject to the Ce6fomia Air Resources Board In -Use Off -Road Diesel Vehicle Regulation. It therefore could be subject to retrofd or accelerated turnover requirements to reduce emissions of air pollutants. More information is available on the California Air Resources Board website at http:lMmw.arb.ca.govlmsproglor(lieseUordiesel.Mm IMPORTANT WARRANTY NOTICE: The Standard Warranty for new John Deere construction and forestry products is set forth 1R a separate dotumenl provided by the dealer. Ptease read the Standard Warranty carefully before signing. No express warranty is made unless specified In the Warranty Statement, PUCRCHASER'S RIGHTS AND REMEDIES PERTAINING TO THIS PURCHASE ARE LIMITED AS INDICATED IN THE STANDARD WARRANTY AND PURCHASE ORDER, WHERE PERMITTED BY LAW, NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS MADE. TERMS & CONDITIONS VERIFICATION STATEMENT Use of John Deere Data Services, it applicable, and all rights and obligations of John Deere and the Purchaser (or `Customer as Ident'died in the applicable agreement), are governed by the terms and conditions outlined in the Warranty Statement and the applicable John Deem Construction & Forestry Company Subscriptions & Data Services Dealer Agreement and/or Customer Data Services agreements available at www.JohnDeere.eom/Agreemonts. Purchaser agrees to be bound by these terms and conditions It Purchaser activates or otherwise uses any of the Data Services. If Purchaser does not agree to these terms and conditions. Purchaser must not activate or otherwise use the Data Services. The undersigned purchaserts) (the 'Purchaser") hereby orders the'pnoducus) (the "Product') described above from the beater. Ttie Dealer shall not be liable for fabure to provide the Product or for any delay In delivery it such failure or delay Is due to the Dealer's Inability to obtain such Product from: the manufacturer or supplier or other cause beyond the Dealer's control. The cash price shown abode is subject to the Dealer receiving the Product from the manufacturer or supplier prior to.any change in price by the manufacturer or supplier and Is also subject to any new or Increased taxes being Imposed upon the sale of the Product after the date of this Purchasa Order. ' Purchaser's signature below acknowledges the Purchaser has received a copy of the Standard Warranty, Version (initialsl and understands its renns and condltlone Purchaser tFirst Signoo Signature Date Purchaser (Second Signer) Signature Date .. Dealer Representative Signature Date Salesperson David Middleton Signature . Date DELIVERY ACKNOWLEDGEMENT DELIVERED WITH OPERATOR'S MANUAL OW Purchaser Signature: To the extent the equipment described herein has previous rental hours, notice Is hereby given that 4 Rivers Equipment, LLC, has'assigned Its rights to 4 Rivers Equipment Exchange, LLC to sell the rental equipment assigned herein. Equipment Details PrepaW For:. Theo,Abkes. Phone! 303,W1-7903 EMail- tcathOy,@40V'erd6qUip m-'enteo"m 108sl4irship., DAVID -maDLETON 4-IRIVER'S EQUIPMENTilLIC' .3103 WNAROH STREET FREDERICK, QO: 80516 Phona,.3038335900 ErnailAmIddleton&Versequ . ipmentc6m Date M9mhA3,:201.,8. ,Page I of 5. 4isplayed ih-lU.SD T72G MOTOR PRADERwith ZWD. Code bes.cA.Poon aty List Pdre 8470T 7726 MOTOR. GRADER whITHM' L $374,$16.90 'Options:. ns. .Required I(sms:, .1140 John , Do ra-Power7eph.PS$ Gr.01- MoeU EPA FT4 Emission For use -:only In areas where EPA Final. Tier 4 N required: Requli,65-4n&e -ex.hau6t.code 10.3.0 or 18.40, Aufonafi.c'Exhaust Fifter'Repeneratidn AutOrnatIc"Hydraulit Rd*sin;"F6n 9 Simi Turbo Chargers Cooled Exhaust G6t 136.citcolati6h 4 Valvipt I Cylinder Wet Sleeve .Cyfihd.df Lirfbrs ECO Mode Auto -Idle -:and Prograthrftable-AWQ-Shutdown 4utombfic'storter Ove'doad Proleclion 0000bnically. Controlled HPCR Fuel Delivery Sysifemi, B201 Klodiesol EIp.qdc,Fuel. Prjmihg.:System 1 0:-Micrbn P&Aar `Fuel F.ift4r/Vbter Separator, 560 hour` 2=Micron Filial Fuel F.1Iter,-#60.,hoU,r Wing Fuel Strairye't httos:.//cojifiguiator.deere..com/96rviet/e'om.deem.u9O947;epibdu6ts-.VidW.-servJt6.Ceitgetriii.. 3/13/2018 ON Fifter,590 hour ' � Undo,. Ou� Wfth Restriction ffidledtor Enoinelpbako-Robam ejector Precleaner �04D Stack (pPAFrT4.gohy.) 1.410 Standard Fuel &Vater 1 In Base P�dce 1320 NmQ6ic*qnuop `1* |n-Paoe13:nce '101P Standard AntlsRgrk-Controls:1 in Base Poop 5020 Low CobvWFhxpd-Lower FnontandSide VVIndom$- � Price InBase 8810 Rpor Rear viewoarnpra with a, dedicated monitor. 821.0 Ext Mirrors~ 1 �f9m Price 8415 ^-~' ~.... ....... '�_ 1 $1,09.00 (WB), and XIVI Ready '146qulre� engine code 1140. '-'_-_-.---_-_'-�'~.'� ^'-' 8370 ........... Low6rfnont;Mt6nmibnt Wor& Washer ... ;_~'_'^._'--^'^~-~`_---~' 1 ... ... -_'--` 6030 -'�---�-....... ........ _~-_--_''-~'-__-�-_�^`_-� Powered -Cab'AifPredeahar 1 In. Base Price, 6130 PmaniuM ( : Back,, Air 1 '- ?a]oO Soat with Armrests 'This wat does not Include a headrest Iftj head'rest It -- '-- '.--~-~-~,_~_~-~.---_--_--^'__'~__~__-� � In Base Price: engjn.ecode 1i40. -...... _' 6630 1 $�O84�0 For Use Withfrohtz,cadfi'dr. '` �^-^''_-,`' �]2� -.-�_-'' -~�'~--`.'-- -........ Bass 1 $1 Ripper or auAllary applidaiti.on. --�— Q51 0 --- A-'-^'-----`-----_r�-'-'-'''^'—`~'�-'—`^'-�''— hCp¢d�one? 1 `16, E�aseFdoe 58-1.5 14ydraa In00da Phoe Broad arn. tempgramMs. --__-'---' 16.18 Ry4raulic Pyrp Dis6orinect l $185.00 140. Required f6r"Ousis'la'. I k,Ban6 f�0ne- Iittoa ... M3/2-0lg PagO of 5 ­­......... I"...,..., ......... ­,­­ ...... .­.­­­­ :, 1. 11.,­ ...1 ....... ........ .JDLink Ptiin&e Cellular - 6 Years -Includes J'DLJ'hk-hafOw&6: integrated cab wiring hafnets, ,Mtirina, 4G LTE 6wtbdulbr tilefMibs g6tewaj (MTG' . W--Fi ) .data isf�r, Blue' T6oth capability and JDLihk Ultirimte .activation. JDL!nk utilizes cellular add, satellite technology infrestruciture thM lsouttide the control -of John De6re;,Chkrioes; to that ItiftastructUre may -require customers to purdhasia-compdti!516 JOLM.hardMirev) r6stdre functio6ality, Includes Syear subscription. Annual subscript l6n.refiewal required afi6r 6'yewt for coritinUed fuddtiohality, J DUnk' custdmeraocouht m.Ust be'cri�ated to access. J Mink Ultirnat6 bate. Gd'jo.Www;SteIl6rSupOrl;;com to reh" or Vpdote JDL]hk sUbscrIpfloNs. 'Use ofthi§.service, and all rights and'obli9aff6h&.6fj6hn Defelt and the OtistOrher (ts Identified In thei-applicable. agre6meh% are governed -by ft tOferris and edhditions- 'otitlined -in, the applicable S6ivicet and Software agreerneirits evAllable at wWw.JohnD6er6;con-dAgreements. It these... terms. and conditions Ve hot agreeable• do'-nbt prdceedA hddo not use the Service. 2820 Single Input -Gearbox with. .1 $2,704.00 'Mip -.cfptch -protects cirdle; =gearbQx and Om'k-frame fh�,d rQamage whon end of-moldboaro cpmes fn cont L at ,c-with qtaii6nary objects, Slip Outch Is integra , I'to-t*cirOeOflve gwrbpx-assembly avoiding darna.ge.to, the Machine, wh9n the.end of the molOoar,d cornea In opritact With -an. immovabig.jobjea, 450 14 Ft. X14 In. x7iO In. (4.'M x.610mm X22mm) w/ 6- ln...x 6181n.(15-2'06rpr' butting m . P) AtingEdge�&616in,(16)r Hardvyarp 191b Blpd6. Impact Absorption System $3,555,00' Protects Moldboaed and, draft . fthie f.irprn.1fil icts with' Stationary 7180 Premium Ghading Lights (18 LED Lights). 1 .Same lighting locations:aslight dodo 7160 Deluxe Grading Lights, all PtehiiumGtading'Llghts are LED.. .. ........... . 8110 N-to-11 2 Volt'CornVerter JIS amps. peaks 1b amps continuous ... 1240 Dual 100A m-P Aftmators.(900 Am plotal) .1 Requires engine code 11,40, 674D Balderson Style Front Lift Group p Requirps hydrapric codq:8520 - 6530, 6540, 6660, 658.0, 6585. Q590, or 6596. (2) -AT397896'-Matino. F(poks-from Ftos bre avAl labfe'to. convert old front ittithfnentr; to'U'* Bladerson-style lift, group. In Base F�dcq $930.00 681 G Rear Mounted Ripper/ftaOdt Combination With -Rear Hitch. .1 317.466.0 -arid, Pin I hclUdeg ftar mounted Ripper/Scarifier with rear hitch and pin.. Nov6rGreiose Firl Joints. Three 2 x 6 in. Ripper Shanks wAq4th, hiips:llconfig-oraior..deeic.congser%.-IcVcorn.4ceic;.u9o947.ef)ioducts,viqw.servlcts.CartSel-Ni... -31,1312018- Page. 4 of 5 Ddeb not include ScgHger ShankswAeeth (allered in coda 9430:'(9)'Ek(ra'-'Sdarifiet.-Shanks WrTeeth Pdr Roar RipperlScariherj Can not be used Wb codes 6560, 6580 or 6610. RecornrT�ehd'Ftont Push Block.(o(othef front eqUipmerit) fat prbpee weight.di9tributioh and Oetfotrtiance. 5510 Aultoshift Transmission 1 $1;842..90 -5710 ....... .... Trahsmissfoq-Solenoid,.Valvo'--Guar4- 9 $2MOD' Required -with #ngihe-code 1140. Required- lbr-Russfa. Recomrhefided forsnow plowing OppliCRtOns 4924, No Brand Preference 7,61106 11 .. '."­.'..­.._­ 7820.. ..... ­,..",.. I I . .1 ...1. "';. .... .... .. ... ... . ..... No Front Fenders. I In Base 'Price 260$ Englishlabets and Oecal's 1 No Chargq - -2576 ........................... No Grade Control ftse- Kit Installed- In Base Price 2775 No-Topoop 31) GPS Grade Control -SysIpm- installed I In Base Me 'Optl!onal items: 636Q Engine , Block Heater 1 $342.00 Recommended fbr Use 6n.*Mac4ines-that above ,*illbeopemrng fo (1440-'rnetiji) in-altitude,an,r Ider thin 0 degrees F Includes alt.weathet'r6ceptacT6.c6nVen'idhtiy locatedat oroUnd feVel ReqiJiires.-. -Codb -115.10 Hy0raulie'P&np Ditooinhed ... 9370 'Eth6r Starting Aid . .. .......... 1 $469-,00 Requires 9.0L-engind; cbd6s 1:112, 11.20.or 1140 Ca0ot bdvsed with (code 9.340, Engine Aji: Intake Manbld Pte- Hdater Ether is not.incifided. 9130 Roar. Retractable-Suh Shade i $2-22:'00 9273. Wight Side'Engine, Cormpartmqnt Work, Light 1 03.1,00 9298 Beacon Dawn 68b ieac9n Brkket JRH) 1 $668.01) In6ludes bdocc.0 end -bracket. 0.rdefcodes 929$-.and-9299-fbr- dual bea6Dns,- 9299 Beacoh with Flip DoWn Cab Bea0an Bracket.(LH) 1 $668.00 Includes bibob"b'-and bracket. Ordercodes .9298,bhd 9299 for dual bearons. 9430 '(9). Extra Scarifier Sh6nkt w/T.eeth For Rear RiPper/Stariffet 1 $1,42.6.06 Rb4u ilred'Codb A81 0 RlprWSc6riffeir: '0" "(' 'p"0­'s":e­ iiiO` "5"-' Iqs. multi p"u, (ABC)''"'Dr' y..' C" he m i ca I Fire Extinguisher 9780 Slow.. Moving Vehicte:(S�MV)- Sign 1 $85.-90 9-R4 .......... ... 11.5R25 LZ -1 STAKNO BRAND Pk&�RRED VVITH $PC RIM 1 N6 Charge AT307730 Moldboatd Exterision..24-X 24.)(718 In.. Left Hdhd 1 $2,483.00 '718 In. (22ftb) thick. bttps:llconfjgqrator.degre.com/Sera,leticoib.de-ere.u9.0947.cprod4cts.vie,w,,servlets-.'CartStr.vl.., 3/ - 13120-18 Page .5 of'5 Includes 518. ih.. (,'I 7mrri) Hardware. Cutting' Edge is not in6luded.. .... ....... ConfigurSt16ftTothl: $665:0662.00 .Summary ry. 'Equipment TOWs (includes "Other Charges") Qty Eaph Ektandqd' 772Q MOTOR GRA6ER with 6WD. I UDS,662.00' '$506'662,00 . ........... ... ..... . ... .......... . . ..... ........ ..... ... Total Equipm;gfit Group Price: $605,662.00* Addit.lortal tharge* DiscounW Trade lH Alld"hew-C-Lat 1401-i +I- ($70,000.00) 72 m of 5000 ft Full-WarrAnty SHO ............. .... 1­ ....... ......... Brandt RH Snow GeW. rfstalled $6.00 Addition0i Chargeb, Additional Information .... . . ....... ................,._....,.........I.,... ..... -Refdrenbe-144PA Discouhl f0dibber Number'61423. total Dellvdred Price; 1 $223,72-3.00 Pricip and availability subject toc"n_ e'witho6f nogce.'taxes, e)d. Aded-wa htcha eextra, e frant -and freig rgaser Some addiflonal ch.arges may apply, https://c6nfigurator.*.deere.r.on/66tVle.t/com.dee.r.e.u.90947.epi . oducts.view.s:*m-'Iets.tarts'ervi.., 3A312618 JOHN DEERE FINANCIAL LEA'SEPUhtl4A-$EAGAEEMWT 11 6w6WOber., 3- 179 imwgggslm�� . .. I.. TdM.Of-FMESTQW UuVWOa W" 00 PiiCM.NQWR- torodiib listall " Pttm This l�gase L.Sao, Ilmil'd or( bei Iat L*bor lind lot m Cacti Lessee. Cpt"W.shall tW- and,sevml� 6able-for it OR op ggleemeltt, EWAVEWLEA torodiib listall " Pttm This l�gase L.Sao, Ilmil'd or( bei Iat L*bor lind lot m Cacti Lessee. Cpt"W.shall tW- and,sevml� 6able-for it OR op ggleemeltt, EWAVEWLEA Year may- mooll rq44,wt&=vh! If tuow 6utsid Its NO' -M' -T72CI Yr2omotbr.d4do wmv* do. V= NO dor , ku PMdtrAID Abur.wtg i 'MdlevO PffibnWrhaY-'nbl ikWdo'sj*"' I. f-ma4xoseAqMeMerd,LOW Pqfm& momh the- DPW Wnow. M M, The �Fsi "�So Lmy Al 14 ago �Wcqw*vleaso PO)W dyo on Via."'Mo #*of-'Mp MOWM0209r (W payni"I lWo;'Niv 4 FOM .ant makem OF PAWMIti AIMMO 0' -T LMPA'MAr TAX MWPATMPIT I I Pvl� DATE I . .5046 . I. lmox"' IFeAllteiybl,ZSM9 .Anioftadorf fthWule Nufffiriffi Ahnuml gale. 3.75%: M32;2UM wA35-s S-94v— "E- 3 fat hpiryf. 2021: 44- CM.T2 -4- G. Tfibrumv 1, 20M 349=39. , I n.W.2V -2QNTXIAEbQNWRETMNOWEPAOC DOC700i, &iomr,�Mrm PQ —0 1 Of4 km&r. 3 aim I�1�IINS�WI�1�V&���A���1911 , TERMS,ANQ CoNplitm i. (.e mltRf Yoe•agnt:e•to: ease iOm us4hi-E.qulpnteut.0s01W in try,. t6*a Agrset*tb? the'i.t'ase T"Joo Lease T8ivvwM begh on•ihe ?earn Matt pate find end on tlli: lease Tenn W.13ak W1 kadrmtJsifid amend es -it red Fh Usis t aasB l r®erher�i acid s� uplameinertla parts and repairs ta'tna`tquVneb - •torirt l64at fife L4Wnieal iiiis Le a.Agre�add. is r:bt aavepletl 13y us untii.we=sign ,evert - u Ytave.titpda q P8y. IP us.. .You agu a to ranid.lie [ else P vrrient& lndfcatgd aiiave gath FI8[irtg.Iaeriod and:pl4a1lier'- �yrns:(inofydtr�g8ptsartat$ef.saies,.[aa'ena.prapis tesoes).wherrdUe lo: DEE.c)�EaiT: EN�,,t������,. Biiii=4gbD; l'.a}trjl 5t�Qeni, IL t l)�$9 430. ie a irvte da not etie,,`yyau 'bill er an mioco.. YOU , YNENT 081:iGAV lIRE' -A IDWIL M JACON�IT10"L, -ANO NOT S'U , 10: CANCELLATIOK RTzf�ilCT DN 'Ofi �pf FOf� SON VWHA'�S )WAR.- ]For* paymenhw�ibli.ls notteaPIvM by ,Uc dde t70. you a9 �Petr w Wch4.gp 4ewW 1b 4.400iJ: of tjte'paet-duel esttaunt.(trot tdlslteeed,the•.rruhrlmum nmduntpeiMltte�3 h� laHQ as.rr�pnabje cn, r ; odpls, I 1 imeato6ni the dtra.da�,�rdr� pe1� al a rgte of ¢'J6 par tliontli; But,tn ;u) P"AlTore.lfti@n it►� it+siadrttim 4aui� fad. gpp�Ad You Womb remil to ds all Laima PsYmtmis; end-aihef paynneNs tof tea fW �ease-Term fads,r�ra:legaUy:avallt e avant you arsr114t.gifted:�9n 6pprbpli8tir,i ol7rp1d5 pi anY tima`21u nit tlle'L9ase 7al)liior the �ullpth gt Qr.�or a'4LtAmant which is tiinalonaiyl u�ndat tb th4 Fes, rrient an ,apQ alli>.g kinds are not 6tneM4sahaY9U.�'W-.y_oti * remit Lease Ppa�vywrwapd.�ftmr.payrr iris itie Ind bdooriw a Dnddr{tirt'I.eas�e; andIthft 1s no.othdr legat.yraQed�ue qr .av� MIer funds #'V or•w11�� Vqh, ch-pa j odt.,cari ire rhoft-to us , iind the nah=ppproprishot#'dfd hot *Wt fr4m Z act of amps ri by you: you -sited have't tit ht W return th _Ezlu�pmard in ecf<atdanta~w�lr t�esltors•t�.tidth s'Leage'iigreeirient and tatmtna the Leaab on.fhe:ls►st'tlnyy o(th4�cal pdrtar#, fai which apprapriatton's tecel�r3 �hautper}alh/ cr•axp'ta Tau: sxcept a8lo thegar#fpn or�1t� imd Paymentsv %!�h�iuttds tjblll.hafta been,o0pptGq�tdd sind isudgeted. Al Ieast days prlo[ to-ttta�rld`oF�cur )3 ' l per Xour'chW eiiedti1W ofttaer, (or I oat ell snap"cetttty +h-ttiriiRtg lh&t fay f<t �ays'nut,beert app�ap tgd (or thv fist perkdn (h)`r�iicli•nari•& prop4tIdtt M ref result from atly.aol ar.fa sure tc-act Tiy you.. 89411,44W liave:exhau�tetl•sp 1w Ws 1q, avatil}ble pgy+ Lo* FaYitmflts. 1ty¢u �rittdnats ltttr l ease I clivse'o�:a ttorYap opr�n o(.:fu.r s; you may hot: ta'the*45rit pann {aldby ApploAjd law: purchase; hjhO cr-reidt •duilnA'ing srdt equant fines! period. uipfierit parr�7drnttpo 6 aa�e fuitdicns 'a ilia pledb*bf 0" pr?*Riw� �Y thb'9qulpnient; This Seatfon'2;ctidG notp8rn4)t you la -terminate ll Lassa l reeinentin urcier'ta aaooqqutrs any bt�ter equfpmepfor'ta ajt000;e funds• .craPotly or fi+dJindiy, to peffarm esaar>1Jalty ilia ppQ, a kn for :wfd; iho'F-r♦uiprrient istntended: 3. Tax°a' Altwob-you rna to iacenipt from•ihe payniSid, fi rtkn°fires, you rag Pay us•wirpn;MYQTbad.,(srf all•sales, rid.. rentaL.gra9;s, ricalpts enQ sEl .athef taxpa tv(tich ma)t ba (lnpoaed'art the Equipigisnt. use and (bl.all {axes and �vamrry�rdel ehargosmssor lad ur11N fhe oa►ner�hlp, use or ppph:�etan aiih� Egic mafitindydjh no tnmted' ..p bna3l.prt reRit ai+d•ad valtUoetrt (azes.ii'TgKs"}.'�axes•do tnof Inc� e- Nase msasu'ree y o ne! ! ritii: is aabte lad# aeuireg {au returns cr-{eparle to ire Cited y yb� y.Qu a�reo'.td prompffy fHad.ttuch tali iettittt�iaitd repo tes`ta'us,.Yoti agree to keW,agd tnatfct aYaliahtet�us�lllazretutnsandi�eports.,forL•4riias�atdtiyjrou. ' 4. Safi tilt] i titii't n You. iholi have tills o=rho._ 140v dtst _ doRw?yrand anal] b* the arrant of jhe.Egoornthtr Y&Joy gtent•aa and ouretftlretes a.aeavAty Int ' n u3pinent ( li procacds} yo a re all dt� out •caUgiWons under,�the Wsa,Asrge0*hf)1nd aril othef rob a " ruhTgt. have a� any oil our A �tes� a1(b). atilhoriza us to fie ikt3rrnlpg dtatentenb rtw1n you 0.` o".Wgr �p;th��EgfilprrignF i�=gnd:�r t f SaWgid aatutn[lreiiaea, aKr i.those'8c;cirr;fsvcr;'arid prpn!ptty no E� if-b- ' . dnaumgeaaea,i3 plaedd* tfinwkw a0atriss;: ttri 'Equlpine�tl: YQV,lr ppccahlti.qutho*'i:ue, It Rrq►'tlme: to (a)' (efaftiv&n do thiltx.Oe Agreerritgn ,lndudtp'p flour eotreoftefngrnec-ewWnumbers }'nd;EiOlprnptt!des C4 it3066din#pr�ls•at�ichs -for •envrequiredfnairran4r •apd.(c)•en�argpyoia.tsscrean ra�lftattr�+forij+aur or Eeassprocxsds: ' You.�gi e), Aintl,T' o"ethe F.gtigirtWdnt la ano(h� coyr�ty ors sfate• - haut notltytnp ire Wi hIA30 dagls: i4) °PP _ nd tnWn A E' nt ln.acr ida4tce wslh elt {ty lswts, ordinances and gid3lihit8.• {fti jrianuafe end.;pth8riftttiD.i#lPAS �y,iha:.in - — i{ ) fah$ sfrppt ge).;:and (diX'in rprtce paticy tslGrtie.drid r?q' W4- (_) tern iet� .6i awn rrr($n tt meant fepaim,ne es"Bary td' wi ibe Egvtpmont to a's'good,a. dcriolJon,an•whein-•de d'to.ya• te:, gble r$�ccei?te:t; of tnstsul any:eocer,sory.oi, a*q-on:he Egtr�pme. A?hich ei}eds-ttte Yalu .ysefof ji 'br titn'o ' rid ion. to r�he Equlpri enfTri-lur" igy up s a- cph be •li nmoied woba daf na lhi3 : tfulfuneM; () b.. our., thtx, EglitA_rrtent:atrq pEl at'ya 10�1'di1: watettti tis'.use, .malnte0.Kw gad repair, at'arry:-t nabla.tirn'e;:. a>eitng.de9ice lrrslAlEe'd oh'Cho •E�gir prrl nt`cohKet3ed e'nd tfi goad +forking oaraiittion'at all ikge�; .fig) " slid ma a promi"rtent pla j�vn'thb. - ui�8nl, •anf labels, plates or oflfar �terlclogs Vre r ay.:provfde;ib.yaL; atld'(fr) not h'ttta Egriiprrr to be used'by; onto fin m the possesrian rN, anyone dthdr gn;* W.jrour Qmptoy�., - � . J3:' per; YdLi'aoree, '"(o Ao•tei he E 'in�nt Insured apbirrst all rlstcs of• ysiraf eamatje-10i no.rgss than: the :.. rW Ba?rsitrB. (as iitdfce"fed A Sctte�ie aNcw. fo' axd. made. ar) a t!<ts't aaeg. Afire nsny, .nakiing Ism Gredit,,rna.:Ond aur:subaesbb grta� as sate toss.peyae; ar+d;•1b) rnpin4atn public abb"tty. fnautynee. Fgverl . #ierg4r�afl ryelstlpfOpflrry.pan+egefor'n a ltiaitki3O ;pA6'per: rims..naniin atcg1301a t.lno.(antlbusqu ssora and easeiena) af. st d(tt pl trlsvigo. %a Insuwttre roust pa:iwlih gA.rr�Pelrtless.attil paltgfes.gpcmp#ab io i(s Y,6ur otallg on tc liisurr- llle:Elµrt�'meat r4hues.thYtli,yau.retum'kl1WAui3nienf•14 UD'6nd aie..e=8$ it:.Fd i hmhrtia �Salfejr•must,phivldeiriAt (�'rr�r Interest kt lho' --fief( 41 nat be ifivxlittet6d'liyt an Y. srct;• grglssion, ]ireaeh 6r nrjjest of anytime otlie g'then:us; acid (bj ihe'(rrstrrer tel: �V° OcAt:Irsaa 3000 Pdoirwritten,riotit a isei a rranceUatioa pG.orp+ate{tgtc e•ta# fire Pplut t Uit(es au aidelioiv ht ar . 'rmgWred'f raneero+r tKa'.m uratrasa�nsuranca, 1 r nsertd: sy Pro try Bragef3� . 81f'P '@ ptruaq( ur Ibleiadis httlie'. M TJ3ts•inaura'nce•m d.' .{a .. tdci err hrtere fs R? ) WY'sn dean that tau me e'Q; rbr ttum.... aY ) �o try Y olatrrt th4t IS: Moe �ggafn'tit j+bu tti' cartnedion �S�h-!he EqufpmenE: Yaq mp]r rater capcel anY'tq�Faride pEirCtiased by up, bcrt bniy- aftei-�tavidir►u ps urdfi evidenwihatywt� ie oblaTped tlre.insUranth rdqu ef&hyjhis Ltd reenienU coet:d[ hb.InorrranCa mtdy'ba rttare tttaly'ttre cost,or lnatirarwy.you iaay tie•8b1o'to ot>tarn.btr ypru cfwn.. a; . Laias.or4lamabs. fe d B(e qufpmerit :re4t>�e+i;lo ; sedatactaiy ci>nd�tton:yrw. ilia re ansil&e (or gU iiak'of loss, dgr*o.. ihetj, desfru�ltorf ar setiWrEy oitileq pment'tazY `eM oT Latts'J.. �lfon mtaot ptomply rroji Us brami EvBnt:ofoss. Ittlte Epcfpman! tint6arepQ ofrgpiseeil, oWagileta•prohtpttyrepairinf-repfmtha•Er40mem"atyattr 6st,•atidima;krmsttth1s-lRw--Agreernm Wllcmtonua�aapp iflhe. gtdpmer�a ..- ng8Meaprre c agree'topgy:us. [tt'�in�iP�6Afa'rsoasaa:del ihed trUs. at ttiE day bafare 5ttc�r Evaitf•b6Wn.oc4urred. Lipbn'reaetpt of.)t F�ririapeE if al8ru'.e, vr(r t+ir8 ff lilt ro �u or the lnslrr e So mpin a8 >af our i�i,M . itt19' end ftrA�i in• 8urh ltetn{s7;.aT (?quiprte0 (eocli, •an.'ltem ff Equiprrtet 7t, . V RE4S. WiTHOIIr AO WARRk0P?AS T6.00Fl at*.0k V,A_UE . AU hsurartta}pfoCeadgmust pe i? d dkatdiy to ue:'sndwa indy a ly66Y.'eftw lksurWO p aiwWds to Any, Aot ejnounteydu onto• ifs; "[Hg�urd RaDe'•shai4'►ne�'the Wemef Rata;di j�ltrn;rolaua•twa pereefitg9epalydc.{2�Gy. _ 7E� E'fHIS-t±' - C'I' • 1 Q • t�t(7ERE� . i�+l Qt� P • 6awiraR+!LMr: 4253" P Convrie MT i7 0i- r tor• 12588 �T VaitaaM�pnber.3 DyISQtlQtatatibPM Pepir20tj min .ReuiLsloapela: �'•Jgrivary20ty . A. 11 M-1age Apr"WOt '�f Nuatif to Sectibm- 2 of We Lose Aqruw1.w'4_ . YDP'J� st.406pepw , &alqrffiat Poll 'E I quornent, at Y001 mW9. dqU"ent,tWmWA18l1r MmId-to Jhw roper - a to in.sq�*ftq I ill -usi. o. ma�tqq6po-snd f0pdir-mccrifs. EqSOM''It !A-6SWWcjy';ondWm- 111 it; iq-p.gfpAd a Q0009 *40040 e4pq-wag 'delliiQlo yb'tf,,reaWr* . biwftgre . excepted. q You' vda be -Ih- AUSIA -ft (GY-y . Ybu-bri.011.4my M." o*qr orqWon of ouch-breAch wMila'10.d.V'-, (;) g defoultomuruIurder"yfill agrSemeM ymiprWl vs,;(9t-"y%qfoUy ap*4; -or (11 y.W.fa0.jp..M1maln the lmsu*ce jocldW 1*0,n fftni Is Abf Vto Pgsqnce, 6rtd6f this Lup Asiiernodt. d bq&fmult'0 ' isgm -You.% 1D'AT.ED.aMAGES FOiR.106t"OF Im®r: 0 NOT AS* PE L Y of.. Gpo. .45ta (4 dkbre anx.,Obqr Sor u.6 us (or bby:of pi &l!iuk, (d)'fie'hjn8l8 MW of VaLk 1, Agremient an" Aw aw e6ttuml i3etw girnehtlLbetweerl yo ts.ftiln e,gUv,1J:i6qg_Btwr1qLm. et�*Uas­ and. _een y66 arid *ut Jit 4ny 9f,our Ju req io-' ' " ' , "4 , plept, laise 6r afg tiia Fj*dopht orv* p0jNkm.L'1h0MbfRf &OtlwiP�&AUWf.)-appV. lease cro4Na-r AikpasM ou'rerpow 1§amo*jmu for- QxOvisdi 1p"6va In h th'q:enf qd nn@gn WA .4 - p) 4 'e rq, (81WCATW10kc 99pliablip-gt KW 6r-lq 150501f#pAytkO *AWIKWO�n. mAufred 1* Ailstcabi A96whentollilcm-yaju fail lo'lWT,,-'TtvqSS remedies.am cAulatilvik- are (n. &Wltl&n 46 'ppV o%.*sq,. r.Mbdias pmWed 'by W, and m* ba eiepafiw . w=qerAjy not ppeciis as a waiw. of.qpy other right coutIim- You 0 w""ma' _M- JFMO )m5s1A 94e ra r a 0=11 Agr� t UB. eut jfou to Sri I pUm :1 h s 12; ?jMMj6bjt1,F, YbuM rds cosibii fai �11 lI@S.w5j,dQrhK6. daifm;Aquriast t�:'w *L d -,4 qh fiAlViddw, L E� ht orthe. Wbai ihiW,-kcWIpilj 1% M; dad, . iaef aumtedbvafwoe)soir;16'anvmodW'nm tD om["'WA Of e1v I a pum, 7egm iumc_V.! :Wde� froin't 9 to I-POOV.Dammme Shal I You Immser. GO pment AOUS Jp oLkIkabd-the Dritahl and - uh"fal MA rent- 5411, be lAq M11m, d®r his "fit' 061k, I rem, :of Wit q im.i IWO itd afto"d-* 9 Lpl[ed-bYAtGtq"-PSyrr*_m-Q )11110 ap mii' OA:123"Lm. as Xyw ff 'any L-0'atj P&kMentL40 brcome'Inckifta hi au ill milkak- q pWip -and &.;urat 4111 6iAmdwh-m.14$fr) of .9 ac=qt*o QW. 0446* z 'r n 4mlMi4ed hdmln;S83 20. lt litcl. 0,04ONtp.-dr r of ifii, W are' U1 VIT = yoo 3=11mgm and @rrrifatibns, Hite XWer SO, purchgso -otdFry, pun! 09 obbferr t undc wav-selopled,fY You (b)-the, mined hy,.Youi (04R, S'SW ment'Is undadfliq 6aj ON on d1ePa3r•{operet>E;gend you is true IpTent; (bf-lum qpqO.ivd 611 -all .04 -19 _QWM0 aERMSAP 10,29MB&C1. ARC 160WAINO M INAKONE Z&GE_ mdoi 't5: WE HATE tICTE4A1DErAND DO NPT:MAK'e. ANY—REPRESENIATIN 611VAR49TY, E' XPRES$ OR' iMPLF®; l�E EQI�Ii�Ei1irt 11 iftKABIUTY,.FifN Sg. F i•A'pAi(I�CULAR I EHtPn$E,:; U II�B1:111"3f� OR OTHEFMiSE. WE AAE AOT. LIABLE :FOR. CONSEQUENTJA1,f -SPECIAL 004 ES. You ediucwlAef Iho no 4pW of dbalorof life (gmlpmini Is-zan 49.Q it of oyrrs, a allbo tM to ad fgr, orbind•mi. Ybv agree noTto rYtfstio[d �� amougEyotr ttyrn us{ K ob:heiW4 Mpg have a. clW a��plst.us, ,ot Brry sdprrtent suppii¢r('8) to r�fini�`aciymr(e). •Wlld' pQviur 64hat•dafm'iddepfE!Ilt $Mj.. 'Any claim you lsave;a atnsi us nlu t1a made aditiilr.taus ' rs afker.the event that r.�ttaed It. AAft notices must De"ln uLrginp and.talll' tle•deemaQ gtyen 5 at)ertn-i(2i�g is ihp:fhteitdell r pietit t l6 addiess:lndlcaJed pboue: un a.chaliged b� a� noliaa liven to ooco;dance.a itlip, t;grtio'n: 5fhis..txa�se A�.reem t:'sup ttsedas and replams alI PrI�r u leista ltci :BPd poadlnwicalws (6ml or•rWtfttati) CAhmThihog f' eut. Ot oPtt+Ki•ihe�ooL.Ezcpat ea opieherise pdov&3e�.tn Section 4G01-no rt bf this cease ftmoln'utt tart t e morsdad; alehre}t air farin�iptatl eiiCept F� tiar(l�t :�19 y baill You Ord It : Any. part of this. Le85@;AgtQbirf nt.itt ji,46 el8nsti hr �epara'te.coutlta ris That together •wiitct»rS�lul@ orie ttgcumersi•.'H a spurt. mQs y pad•d,'llt�'Li:ase� retariient� to be Inyaiid ur uneirfaice&e, 1 rema�nQ0 of :t �1 teernont •aili remain in. ct. You :permrt us is maWor and W.A., tetepEione: oirj!�laatia a Lweeriy?u $nd3li: �y p. _. nig aniCi0japhana himi*. IrfdWinS a *61le Phone ndc "be,'dc us.,8ny:of nur•-Wii�tesoranX.debt:cQlfolsfan3;we=reta?rk woe,•su h.afGlta�s-and.:Al+c1i'rbtair(e¢.-deLtaan•stogtpet•Y�•gsingtNat numbr, Inctridirtq rills eltiing 'ati p4tarlretio• tJlaling. end aniso'lxnelnE diniiee dnd p�ereeatded. calf, ,eiid1that'-tiucFr calls ara• ttdl ifmso4cbq urtdarsiala.criadamllow, Ap oErowtdal tzvdder lhisiam,Qi reonsar�BhaEl remain in etfi�Rttart)ie mc�ralJop pfthe L asa Taim qr. 1044troxi.61 this i ease Ay morn - . You regardimi the IR tipri, mairxCdrisp+ , ope; fioh end'cort iorr of the gqulpml rk ,and-.' eu 'uravcr.�bTy authortre orryvisa.in ppsseasio t •of eych:intartnal(nri M proVjde n ysf..-f gjnfom*idpn.lp us upon ofirrboest:, lfpil, tab aanei: tanoL disJtbte or,otherVvi irdtsr%[e h anjr. inCarma}�ttn gptlmting'or IransmisSipn rlevif. Within or attaahad tall E�plpmpill �fot�vlfhtstaFtdttig arty°athRr electJon: �cD' mofce, you BgroQ tllr;t tsi qua .gam get ees.• mlil t-arid use, st •any timat are t3lad 11ty fnF Tnie}EQn:togar8ing to Ioralion, ntaint oppi, opmratian endao4 mon i0T the iNuipmht: {n} you Irravdeahg�.trutho;ia� anyone 1n posses9tolt.ot4tatintgfriietioil to pl4vitle e!I'oi'th'atiritparriat�0ato-us up6n dsu•requtastundf dufr ar►ify [ntarestingggtford it Ystminat¢d;-{e)-yauw;Jl-pet'dJsa6le�rolh8naiseln'leftatew,ith.anyJnfonnatJ,onga8�erin rtrane�issipn_dev[ca'w�i}�orvtiaclmd�. lJte.>ti• rnetit,•a,i8 ( ti�.ftra .re>rctio►a't� inydrrdh det+lde. ' THE OF 7HIS LEASE -'AGREEMENT SHOPLD: SE RM CAREFUL LY B RE SIGNING BECAUSE ONLY THESE .%,Rn T N --TERM'S;.AA: Ei4 ORCFt4BLE.: NO;QTH. 9K fRM5'OR 01 . pFIOMI J4JAY BE LEGAtLY ENF'OR �ED BY $l4ilW -TH0-1-jFASE AOREEM�fV'.T; YOif.AGREE.TO;AU-.:OF'THE 171TC�PES BE>r_FCkTk;IN TFfi$ "LEAS A15F MENT.`TNi61C- t AGREEMENT iS THE-OVOLFTPAND Ei(CI.tJSi . ..OF THEEAb9EEM9Ni`aET�Ef� Y'Q1 , AND bgr. I XGEPT'AS WE M% LATEF±; AGRLE IN WWINGI0' T, NOTICES Ta TfiE:l.E89EN{�7 SI1311f rIRB.:LFAS A �11�i NK.aYCKI is is ED•'iCi A C61?Y: `"il�E LEA$E•AGREElIIIE[�1T AT THE.T1ME'YOU SIGN IT TO PRO -R il.l A 131GI TS. 'ro ,N OF FIRES!QNE (aaJ�6�aaij' �RA[tl~S�RF�ISEMw }txsptsd.Byi Dei<rii3 OnDdlt, Ilea. Y . B�HWI�iStri�et;,lblt•'.. ' , IA,6.073i� Ely' lVIS'OF fA tr'i' D O�6 • � N�PAt3E: ,' 12b'J6dh7 Cqu}#i�ar4Tjrpa Cet�tliverJttn 6 Foiectry co�t�r LDQ0.70 a A nm: 423U4B v. ! + •a .aars"ke 14,03'"Poe =F-- RiwWn Vat6M5-Ja4upry!2Dt7 IIII�IIA�YY,�NI��BIRIInl,ili1 JOHN DEED MANUAL Attorrietitc; payM ant.Enrolimetit 'Now to Errriall W Tho.,re tvuq easy ogonsavailaWforenroilmeai :Sign up'to Iay onlFne :t ►rrisitisrp;0ur We6aite id mvIdiae=Atcof , OR: C. frIpIBI$'8rtiij: sfgn. f0r end, d 'uS: e F 6X-.SO17 ° �tnail -., ,!I]FCus_ tainerS���,�ohrt€3e_ere.s�ID ° Mal • . J6hh Dee0e finghcial AT'f N: • Rayrrie nE S peoial�i Potox W Nledoon;.IM 63705 . J�ase wrife_laolbfyan¢�mi�clb �If_ltiiatm -Bank:Accda It kif0*w0n-•P*se.see pag02 of to bfiT Ttwthicuons. Name -of FlrianClal Institution: 'CV "l'dts: r NariZe cAi person or EnC�ty t A BaAkAom it .- 'J#tii�IL Rout�gl Traalsit #: �� 4. A�xoun-f Nltriber:' . Type-O(Acc M- .t savings .441tn DpO01nandal Aoo4unX hl.�rlibef l : Apt tb ° ' - John #'Inane a A Ider•Name ' zh" ..der`Phone Number'' 1 *quart iWtbhm is paymorb r?►3r i Yr at 15o bagU vVlbh- "' 1*10TI§ In the'UWMh of 1 "7 t} ?T-112 9! 0210172b 1$. J4M3e GIlJTaIdATICOKYW TAU'�WUAT 6FORM N1y,stgr�tU�e author es 13 redit'Sery1cK In trid�ts:ei•ffiios, ('t�ie..Qat�a 71'1'to itt�lista d rfit�enttl P6 the firerfcirig�savings•arxoiint thst.i. Fsaiieprovidod: to the Crimps yinrit eauesrty schacruit c€.�ymetits ar other. anlounls IAArgd ts.the,00dpahy,.on. e. c indMdual Jahn Me- Ftnaddial �dcouM'r eratroad.l slap �nafharlxe tire- Corhpartjl to Issue dsdi':edtf i � to ihii checking/savir' &pcou�Ms' Wry inr am y b tea ihet maa ilrm 3a' Ina.;h tuithcri lion:is m rbirreiri in kdlioicaan effeq•Urt#11 c t>Ythe onipanYOr by "M natif a :fiam rrta, fn �rtch d manner as to etlow:aw t�pany a sebsonabld oqp iiunityto ad uporr;ILliany:af the teferarird ;John Qe�ra.Flitanl;ial acccviis i.n5ad dua fo an A�d-On trairecEion; c4ri50ild tiotl or,oa loan agrsernent:and 7 N.0 j WWO9 P�Y+�e1+ :`this 0irollmar� snO bdrAing iriformalion�viU tre v�erred W my -accpun0). l'ooknawlrrd alhat I'msalla�aot'io the IAC1dA Operating; I' tuW4and-GOW3aesappliaabla01. 1i sroiW0011ftentrl80d.nVbank*covnt, 1-Imder*d4'86 pay{rient ttr;e,prlor to tits month 1`r nested dhoi►e%rexcH lricgvi@dal ax dui�trnust.t»e Mach igLqtde -U6 b¢egglbleforUt0Mdc 0ayin6A or;tW8c'jcdurit �rikAcoo�onf :osl�r �}g��lure: Date WnkAecaurtEAMr•i?Imr.eNMTfl it JdHN pEEIRE FINANCIAL Simp a-.POn oita)'Ph"' k Sam e�s%t Ceik jOHN DEE FINA. N- CJAL F WASSM. - 112 ON CaO4F=dl&MA,atMJl love the ffoKinas.,'!Ofo*'Ini!*U*AgrejaMeit beiiveq and. Ackriov&dot ent you ba'ft jL-pr6wt,4eW"mM-jftat`.(q)'all Dif-the, Equ4*m j*li- 14 1 ni'morefuly-deW Kd LesW Ag("h*q ws� Sek.*fty yo w(b) al of tbb. . E qWpmerd,gnd the..rYpe �p Paiijis ha%4 been del�ered*:W..,abd recOkod,by.. yw� (q. Ou. rftebM A0. MOO&Wreft ��fl -, ts SM 4 ;'(CD #%-Sds� pW Wjur�nty.-appljobfilo-,khq Eqylp' "h mt6r4:YOv:VnOw*n t -Y6urij6pu;(e 'he 064 by�ougvd is edn Ina in shiW be-O' anly or. -.'Purimk MWIM Ot6s"ej; to Equlp(nW 6�d ' ' r, U e Legso nvM- 9 oncond AmWdbr M6 LeasdAVUSJOM '(h) ji Wm*g ardevaW'rdpak 47a�o* tgppat�e Wdriilbf ��tgf -VO�lbr ag pLffp.o a(I.i*riaatori yw proyoe- 0 ug bbrmcl. Slaw OytessW.5 a*,sutho&A repmsmitallvelon 6* dale 4o* behi Tftt 00 F:IRE$t( (OMMONCO linuar bktariS .1201 I v&_A6NaTAivr3- I " , " 2MI I I JOHN DEERE FIN ' - _'..ANC IAL . Physical baOgoliabiky Insurance TM=ONE Rr:;M*-, LMOR. DEERFECR VNG. Do Nw, S�Eh%,, -PG BOX. OO. JOHNSTON, [A 60131-000. LUkdi1,Ry*URA?i0E-oo H*.L-emei-.PmthjseAgreemnt-wq'be-orgoded by.tha1Wj6W1ng jM4rMW egejpdr Narrie of 6phcy,� phone. NUm*ofAgenry: Malilrig Address olApmy., Fax NwA&..dfA§enq tw9f be pro 'led b.the fDf Wing WnC .Name dfAgojv Phdn'&.Nip bdi of P4"W. fAi*ihg:WdmqG*f-A9oM, FOx Num*,of Rjo6qy. Jf Mjnsuranda c6rjfflMW.js_' 4db1e,jnprim%-Mft-aovej0 ADDITIONAL jNSL!FWD and Depp-CMdtt Inc, ,04.00 "NW W Q. a9ree,apd ah #tand-tat, WrAmM 16 thi 0MVIsj6ht of geftit-4.' hibs-0), MaIntaln owc ffilwy InSUranCo;"�0".Po'r',Som- tnd;pmpofty-da�tftft- mg :or per o=rrertqq, p4mf_pg-Dewt ft q Cmd1, (and Ifs suiiod.dgsWs):i* o0t - Rkrg"irksufed; and 'OuW I rtslo`o f physIeW daftoe-for no'Withan'-me Or. PA fhb-AMor*Wn C -Inc. (aN mm Se"16. AOTJCES tb-LRSSi E- 00 NOt tIGN TliMPHYSIb" PJMG Ty �iksukAjkff,iN-sE.ANK."You-Ake..'MMTLW TO A COP 01P'TkE PHYS'WAL GAMA89MAWLOY I I& 816N IT ;A 00tyi'ECT YQUR LEGAL R1014M MCI N OF-FiRESTON.E ft Z sr gL&��g�g R,*6 bite! . ff"i 04 1253d487. SUP 0111101,1111 , 1101 1 ORDINANCE NO.929 AN ORDINANCE APPROVING A_ LEASE -PURCHASE AGREEMENT FOR A NEW LOADER WHEREAS, the Town is authorized by applicable law, including but not limited to C.R.S. § 31-15-801 et M., to acquire equipment and to enter into leases for the same, which leases may include an option to purchase and acquire title to the leased property; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town and for the health and safety of the Town's inhabitants to acquire the new motor grader; and WHEREAS, the Board of Trustees has determined it is in the best interest of the Town and its inhabitants to enter into the lease contemplated herein for the lease with right to purchase one new 2018 John Deere 624K Loader to be used by the Firestone Public Works Department; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Lease Purchase Agreement between the Town and Deere. Credit, Inc. (the "Lease") for Iease with right to purchase of one new 2018 John Deere 624K Loader ("Loader") is hereby approved in essentially the same form and upon the same terms as the copy of such Lease and lease/purchase financing proposal accompanying this ordinance. Section 2. The Mayor and Town Clerk are authorized to execute the Lease on behalf of the Town, except that the Mayor is further hereby granted the authority to approve such revisions to said Lease as determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered. The Lease shall be in a principal amount not to exceed $170,650, will bear interest at a rate not to exceed 3.75% per annum and the aggregate of the initial term and all renewal terms shall not exceed five years. Section 3. The Mayor and Town Clerk are authorized to execute the Lease on behalf of the Town. The Mayor, Town Clerk, and Town staff are. further authorized to execute such other documents as are necessary to implement the Lease, and Town staff is authorized and directed to make payments under the Lease for which funds are legally available. Section 4. All financial obligations of the Town under the Lease shall be subject to annual budgeting and appropriation, and nothing herein shall be deemed to authorize, or construed to authorize, any multiple -fiscal year direct or indirect obligation whatsoever. Section 5. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The .Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that anyone part or parts be declared unconstitutional or invalid. Customer Purchase Order for John Deere Construction and Forestry Products - USA Jgresr DeeRs PURCHASER NAME AND ADDRESS First Signer) DEALER NAME AND ADDRESS NAME (FnL Middle Initial, Last) DEALER NAME DEALER ACCOMT NO Town of Firestone 4 Rivers E ui ment, LLC 17-7475 STREET OR RR STREET or RR 151 Grant AVE 3763 Monarch Street CITY STATE ZIP CODE GOUNTY CITY STATE ZIP CODE Date of Order. Firestone CO 80520 Weld Frederick CO 80516 03/13/18 PHONE NUMBER EMAIL ADDRESS DEALER ORDER NO.: TYPE OF SALE (303) 833-3291 ❑ CASH (D LEASE ❑ TIME SALE PURCHASER NAME AND ADDRESS (Second Signer) NAME (Firs!. Middle, Last) PURCHASER TYPE: MARKET USE CODE: 5 Local Government 42 Building, Non -Residential STREET OR RR Add purchaser to Mailing list (Check One or Morel ❑ Construction ❑ Utility ❑ Forestry 0 Government CITY STATE ZIP CODE COUNTY PURCHASER IS PURCHASER ACCT.: ❑ eus±NEss [] naD�vlouAt PHONE NUMBER EMAIL ADDRESS SOCIAL SECURITY IRS TAX tD ❑ EIN NO: . EXTENDED WARRANTY IS LOCAT04 OF FIRST COUNTY CITY I " STATE COUNTY CODE ❑� Accepted ❑ Rejected )intals) V110"INGUSE Weld Firestone CO I 123 Ultimate Uptime Package Purchased; 171 Yes F1 No CITY INEW 0EMO RENT USED [EQUIPMENT (Give Model, Size d, Description) (Hours or Use) PIN or Beflal Number I DELIVERED CASH PRICE 1 ' 2018 John Deere 624K Loader - Order $170,650.00 ❑ ❑ ❑ Reversing Fan drive, 5 speed trans, Front locking diff ❑ ❑ Aux draulics, 20.5 Tires, Hi -Viz cou ter 3.5 yard ❑ ❑ ❑ ❑ ❑ Warranty: 60 months or 2000 hours of Power Train ❑ ❑ ❑ and Hydraulic Warranty ❑ ❑ ❑ ❑ ❑ ❑ 60.2000 PTH (1) TOTAL CASH PRICE $170,650.00 QTY TRADE-IN (Model, Size, Description) (Hours of Use) PIN OR SERIAL NUMBER AMOUNT ACKNOWLEDGEMENT& Purchaser offers to sell, transfer, and convey the hems(s) listed as' trade !n'. to the Dealer at or prior to the time of delivery of the above product($). as a'trade-in" to be applied against the rash price. Purchaser represents that each 'lrade ie Item shall be free and clear of all seccrity interests, bens, and encumbrances at the time of transfer to the Dealer except to the extent shown below. The price to be allowed for each `Iradedn• item is listed o this document. The Purchaser promises to pay the balance due (line 9) shown hereon in Cash, or to execute a Time Sale Agreement (Retail Installment Contrary, or a Loan Agreement for the purchase price of the Product(s), plus additional Charges sham thereon, or to execute a Leese Agreement, on or before delivery of Dre equipment ordered herein. Despite delivery of the product(s) to the purchaser, title shall remain with the Setter until o rie of the foregoing is accomplished. The Purchaser and the Dealer agree Iha this Purchase Order Is not a security agreement and that delivery of the Product(s) to the Purchaser pursuant to this Purchase Coder will not constitute possession of the Products by the Purchaser, as a debtor, for the purposes of the purchase money security provisions in any statutes relating 10 personal property securty of its equivalent. Purchaser understands that its rights in connection with this purchase are limited as eel lwlh in this.purchase order. (2) TOTAL 7RADE4N ALLOWANCE $0 00 (3) RENT APPLIED (4) BALANCE (1.3) $170,650.00 (5) SALES TAX $0.00 (el ADDITIONAL FEES (T) SUB -TOTAL $170,650.00 (8) TRADE PAYOFF (9) CASH WITH ORDER (10) BALANCE DUE t?4") $17A 650.00 DISCLOSURE OF REGULATION APPLICASILTY: When operated in California, any 0140ad diesel vehicle may be subject to the California Air Resources board In -Use Of! Road Diesel Vehicle Regulation, it therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air potfutanls. More information is available on the California Air Resources Board website at http:/Awm.arb.ca.govlmsproglorldeseVdrOmi.htm IMPORTANT WARRANTY NOTICE: The Standard Warranty for new John Deere construction and forestry products is set forth in a separate document provided by the dealer. Please read the Standard Warranty carefully before signing. No express warranty is made unless specified in the Warranty Statement. PUCRCHASER'S RIGHTS AND REMEDIES PERTAINING TO THIS PURCHASE ARE LIMITED AS INDICATED IN THE STANDARD WARRANTY AND PURCHASE ORDER. WHERE PERMITTED BY LAW, NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS MADE. TERMS & CONDITIONS VERIFICATION STATEMENT Use of John Deere Data Services, If applicable, and all rights and obligations of John Deere and the Purchaser (or'Cuslomee as Identified in the applicable agreement), are governed by the terms and conditions oullined in the Wamml r Statement and the applicable ,Sohn Deere Construction & Forestry Company Subscriptions & Data Services Dealer Agreement andlor Customer Data Services agreements available at www.JohnDeere.com/Agreements. Purchaser agrees to be bound by these terms and conditions if Purchaser activates or otherwise uses any of the Data Services, If Purchaser does not agree to these terms and conditions. Purchaser must not activate or othewise use the Data Services. The undersigned purchasers) (the "Purchaser") hereby orders the product(s) (the "Product") described above from the haler. The Dealer shall not be liable for failure to provide the Product or for any delay In delivery R such failure or delay is due to the Dealer's Inability to obtain such Product from the manufacturer or supplier or other cause beyond the Dealer's control. The cash price shown above Is subject to the Dealer receiving the Product from the manufacturer or supplier prior to any change In price by the manufacturer or supplier and is also subject to any new or Increased taxes being Imposed upon the sale of the Product after the date of this Purchase Order. Purchaser's signature below acknowledges the Purchaser has received a copy of the Standard Warranty, Version (Initials) and understands Its terns and conditions Purchaser (First Signer) Signature Date Purchaser (Second Signer) Signature Date Dealer Representative Signature Date salesperson DM Signature Dale uCuvCnGU Yvl In Vrtr[Nt UK,MANUAL VN: - ACKNOWLEDGEMENT To the extent the equipment described herein has previous rental hours, notice Is hereby given that 4 Rivers Equipment, LLC, has assigned its rights to 4 Rivers Equipment Exchange, LLC to sell the rental equipment assigned herein. Page 1 -of'4 -Date Mair6h 13-j-2016 Equipment Details Ptepared Foi. Theo A.bl es Mile: 30390-17903' ErnAil- tabkos&i.fireotonexoms 10691lefthip: DAVID M I DDLET ON 4.R1VtRS,.r=QU1PiMENT, LLC 3763MQNARCKSTREET F.RE0ER1,qK, CO BQ61,6. PhOnp: 3038335900 All arm -624K*41 LOADER ofkr tsi'are'displOyp! in USD ,Ct)de Desorlption city List Pelce. 7650DW 6241<41 LOADER 4227,629.00 Options Reqtiir*d Items: 08-10 .. ....... ..... 7. 'Sta . ndird Gethe ring Gtoup, I . ..... ... In Base.Price 2605 English LaWs' and 00001.5 - No'Charge. (Y924 Jbhn Deere RowerTech Engine I John Deere PoW.erTec.h PVS'6.8L meats VA FT4 and EU staoe ht-'Enlisqlons ' (186 Het Peak hp.) TurbpoRrged Y.Aej Sloeye CylihOer Lihers ..Pro'grarnmable'Au.ta,ldle And AWo-Sfiuldown 8elictedldle Adjditrni eint him'900-i250 RPM Starter Prote� Uoni Adto.triatio berating fOr-8Xceeded,Systein Ternpera tutes 'Electronically- Cbntfolled Fuel D611yety Systeth -S6rp'entl6,e bM Belt with Auforn.aitic Tehgiohet. Uridigr H6od Dual- Eleir eht Air Clearie(with Restriction Indicatdir" .1.100t Hodd Ppe6creefied Air Intake ',U'nder.Hdod. Muffler with C uNed Exhaust Stack Dual -Stage Fitef Filtdr "Ond Water Separator -500 HoUrVertfogl Split -.Oh QiI Filter. http4,//,configTator.depre..torlsen-let/com.deere,u9O.947.-ep'ro.ductt,.Vidaw.seO.letS.C-ar.tServ.l...-.. .3/13/20.18 Page 2 of 4. . , . 80 Anip Altematot .... . , .......... , . , ...... , ............., , ....,.... ,..... ........ .. ByrPass Start.Safety Cover at Starter: 1520 Reversing Fan Drive 1 t1;550.00 Re4. i es code 1430 Alr Intake System with'Centnfugal Preoe ner Engine. '1430 AVIritake.System with Centrifugal Precleaner-Engine 1 1617.00 1330 Engine Exhaust with Chrome Curved Stack 1 $344..00 1610 Standard Fuel Filter.&-Water'separator• 7 In Base Price Requires code ,0911 or code 0924. 1211 100 imp Aitemator -. FT4 1 $275.00 For�use-with Engine -option code 0024 For use with Power Converter Codes2708 or'27.90. 27.08 .24,Vclt tb 12 Volt.- 8 Amp Converter 1 ln.Bas@ Price 711n Halogen Work nd Dnve Lights 1 In Base Price Incandescent Frgnt,Tum and Marker Lights LEC' Rear Turn and Marker Lights .2890 No Payload Scale 1 In,'Base pace 4-Bar and High,Uk Linkage models will be..5hipped 1.oadrite, =717maybe added at a later time to install 121$Q Payload Scale. Tool Carrier and- Powedell models are not configured, for 'ri-te .Loadapplicartian.and will, riot be shippaa Loadritd ready. 4110 Transmission 1 ($1900.00) 5-sR�ed ....................,....... _..,.... .... .,..:....... .._._ .._..,... . , 3046......FrontF(ydra'u lically Len *ing Differential and Rear .,,.............-.... 1, fr Base Price Conve6tional.,Differshtial ,Akles'. 3120 :Manual Axle Differential Luck 1 In. Base PHce 8210 .... ... ....... .... ...... .,........... ................. _.. -Rear Cast 8umper1Std Counterweight with Rear Hitch and 1 In Base Brice Locking Pin For'gse.wlth Linkage Code 2010. ~ '1 h934 :No Brand Preference $13,138.00 5530 Front Fehder5 1 16 Base Price 2010, 1. In Base Price N61 for use with-code.8220 Rear Cast BurnO.erlEounterweight with Rear Hitbh. 2432 3 Function - Joystick with FKR, and 3rd Function Auxilla.ry 1, $2,929.00 Control Lever 1 laver controls both boorn.and bucket and 2nd lever.tohtrols -auxiliary functions. Includes auxlllary•hydraulic tines -to boom cross tube.. -Requires code 2120�Convenbonal Steering. 251.0.. NO iron, trol i $4-,015.00 Code-'9430 Bottom 'Guards.are recommended In apOcations where underside is vulnerable. :.............. ......:......:........:.....,., ...... ,_,.....:...:....,., ....... ... .,.. ....... 8422 1 In. Base Price . https://eonf gurator.dcere.coin{servfeticom.deere.u90947.eproducts.view:servle#s.CartServl. _. 3/13/2018 -Page.3 of4 .47- RO PS Qutet,cib.'with Air Cdndibo'n ing Includes! Alr.dondffioner Heatef Qefroster'and'.pressurizer Front,dhd rear intermittent windshield wipers and washers (i) losIde and (2).vuts(aoi,rearview mirrors LvA arid fight rear tide -windows" open- 2. 5".(00 mm) for -ventilation.' .... ....... 5610 Left Side Step 1 In Base Nice 8450 Cab with Air-A(C Charge.. I In Base. Price Reqmires.code'8422 ... 22.20 .. ....... -Standard Fabric; Back Rest Extension, Air Suspension Se4t 1 In -base Pdoe Fab6c Covered Sieatviih Back.Rest Extension incrvdefs futi. mb adjustnVnt, LUar,and . -Air 8.0sper)4ipn with full clarnpinq capability. Requires cads Z-120.i'Gonventionai Wheeij 8.310 ttpn0ar4JD.UWdp Mirrors 1 In Ba§ePricei 2120 :Steering. Wheel Only I In, Base Price Steering Wheet-rema ifiivAthout Jby'stick St6ed'ing. Requires codt--222O or 2236Siaf. 1910 -Greased-Steering Cylinder J.olntt 1 In Base Nice PL nk.Ultirrfat i e Cellular'- ' ' 6"Yeat6 1613ase Price i6cludies-JI)LInik hardWkre: ifiteiigrated.cab wiring harness, antenna, 4G LTE modUlar teltimatids, gataWay(WITG), WkFf diatb-ftnsfer, Blue'T66th..'69pability and JDLjnk-UItMat6 activation, JOLInk-utilizes, cellularand satellite technology inftesiructure, that is outside the *061 of John beere;bhangets to that infrastructUre may require customers to purchase -compatible JI)LInk h9rdwaire to reslore functionality: Indudes 5-year'subscripticin. Annual.su6s ' a1pbon renewal required after $'years for continued' functionality. JDUnk. cqstomer -acc.oUht most be;createflo-.accen J,DLInk Ultirnsite data. Go. towww.-StellarSVOportcom,to rer)ew or update JI)Uhk subscriptions. :Use Of this service, and all rights add obligatibns ofJo6n Deere! and. the Cu4torner (as-ldenti led In'the-applicable .pljeee0ent)j pre goypTed byAh4jerms ii'd c6hdjffv6� n . outlih.ed'In the applic&6-SeiVices and Software agreements - 'available at w4v.John Deere.c6oAgreevehts. If these terms ohd-donditionsare h6t agre6bble do-notprooeed affd'do. not use. he service.. 1010 Standard Loader 1 In Base Nice opflonal-Items: '9240 Ehgind Compaftent Ught 9015 Eng e Block mHeater : Recomend. for cold starts -below -10 Opgrees -F 30) $243.00 bttos://configurdto.r,detffe;'col"hlserV]et/c-orb.d6dre.ii9O947.cpwdudts..-view..servicts.CgirtgeNI.... -.3/1,3/2018 P4ge 4 of 4 -9430 ........ ...... Bqttbth Guards, 1 $1,362-00. .0109, 20.5112� 1 STAR L3 NO BMW PREFERRED RADIAL TIRES 1. No,Charg(B WTH 3 PC RIMS" -91al Re*'Caniera,Ohly 1 $1,285.00. Not for use -with code 27W (Nd,24Vd1t P6Wer Cdnverte'r)- or,913,0 (Rear Camera'an4 Radar 0bfect--Det6cflQn.SyStem). 9140 5.0 [bs: rhuKpurpose (ABC).Dry. - Chernlqal Fire Extinguisher I $139.00 -.9105 -AWFIVIA'Veather'Band,( . WB) Radio with Romote AUX Pod 1 $676,60 Not --for use with code 2190 (No 24 Volt Power)., ..... 8561 ... HWig Z-BAR Hydmulfe Attachment Coupler .. 'Wheh -ordered4ffh 3rd hinction hydtimllct,.plumbirlg.-to coupler includ6d. - (Euib 6daptable. to: 16clude Volvo,:attach M66ts) . . .............. . . - 8566 HiWis Coupler Fork Frame Carriag9w/60 1n.(16.24rnnj)'Tines 1 $5,247.0' '60 in. (1524,rftm).'Frarne; Requires, code 85.56 or,8561 Hi-Vkz. Coupler or 85.60"CC W-Vis Coupler 8851 3.5'Cu, Yd. (2.7 Qu.. M.) 106 in. Wide OR HI-Vis Coupler Bucket 1'0 . B.- $12,3OO . With- Bok,. on Cutting. Edge -9626. Slow Moving-V - ehloe'(SMV) EnIblem $157.00 9126. -Sindio Beacon B.fqck6t- 1 $1891,00 Brat;kgt i asjolo.,dbwn position raj transport. -Cannot be. orddred With code.'9.126. XS4-'P �61 Configuration Total: S292,376.Q6 Summary E4uloment.Totoli-'(includes "Other Chiirges") city Eaiah Wdridad S241C-41-10APIER 1 $202,379,00 '3292;379:00 T ota i tq ulp m ent Group. Price: 5292,379.00 Additibnall Charges,. 151scoun . ts: +1- ($121,729.00) Warranty 60 -fno nths or 2000 hrr, Total on ddit ia I I . . I Charges: (MI,729.. Total Derwored Price: .1 rice Ad availability s0ject to change without nobo.- Takds, extended warranty -a6d1reight char&s ate extra. -S - ome addltjpnal charges fty'apply.. .hftps://.Cqriftgutator.dee.,re.coiWstivlo.Voqni.d-p.ere.'.ii9O947-.eproducts:,Vievi .sehile&.CattStrv.1.,,, JO HN DEERS FiNANCIAI- LEASEPURCHASE AGREEMENT 1253, 0 VWIgn.NuMber, 4., Tr151 Bum WEP, �,PALLWDMV • Mkif on: Oa 9�dl p.qj, Tula!koa ngLiaos, Nreemerr) is atereamb btbmed'n -Dkm Ind, a*.Law& r!� aandL tlia f &Wed 9b&bqdtr,crWJrO).. Each Lesaft-and Cb-Igase AAmwqrd. War Vas Model -Squ1#M8dCUd1pum 11 EAt Cambuwft 4MI.Obt0ger -raw W R FO ZA L FS _TA 5_7 IiIJ1111111f , 2_ inay nbt.h*dd a M. TAq. CASE M R PP tiara:AMUW30,. tom rl q*m XgpiM PaymOrg-pm Cap t#14pw—it" hammit FI Jantori 3% OR 0.00- .4 ;ftnpwx,2M4 .47 3 lW30.25 p j.Janmkry.342= j $0.06 - -,TMF_kHkoFTjj$cL'bHtWcT, 'RE-oo6LTAiir;DoNmbRr;THLeM.-oNF,'FFAse ........ .. fftirCW 7001 POP A al 4 T>',IRlYl3 ANOGE)>R!]I11QI+t3 i. �93a-TBlrll: Pavm$tsts. YAq'� rae [a resse rrom•I,r9 Sfl@ L�jjllV�-��lu{5+dW3N,�� u,tn F+cr,1�f /�tl�ESciu �u� Hlc af.Q.T. �....ti.. ti... �M a Tegit.lv+ti b�glif Ar��e tease' ' irn Staff Witeaid end• hn.the Lane TWO EW fiats A0'aPadlven3� and soiie6 O�iti�d'h► tfus Lease?��earrtent and Y3A.ie�tar�ments,:�rt6'and repa6s:�a thy' ulP�ent; 9trali tothl par��ottfierEqulpm►ehL Tfrlb t eas4-AW.+eenft isatof accepted by UW.Vetlga•.tf, even it You have Mgea. payment to ua. Ypu agni to. remit ft' se'�nta�ld ;aced aline ecFl: �irtg: Peridd:'$rtd.8R p r amoumis:=(btclsidln9: R t>t9 6d1 t ! AnaPe � ) •eiEten'aue t3::f3 GPXDjT, NCL A.Q.. ox 4a9q .Caro;. m, tt Oi07.44M even if we do fiats yoic.a•big or.en l"Wed:.�GOl3R-FAYl EWr-OLD, 1GATIOHS,v4RB, AE5 U1 DITiONAL, +ANd rror. slla.li?t� r To-cAKc9LLA1wN,,AwUcr1dg OR 'aMrrF' F�3R ANY . RtASON tlIfHA Ek Far ert�i.peyatent whkdtis rga!rerariyed by Its dne-da*,.vk a paY g hate charms equ'al #0 4... _ cftl� past da0. enrsatiit-(riot 0 8ri d fie in&emutn. amount pearrk€ed by IBNff $s:reasort fo�n:c°osfs,.ptrss here t.frorrrthe clue date.Qr9paid ta:; a.�ta'at�4.595�f � btr1ln po event rears than tttemetrrrnipn (avihrl.rate: . yy You jnlend to rwat to us A Lease Payments and other payments for the flat Lease Perm if funds are log avatla rle.;in. the aver ycu aae not grants¢ err roprtatlwr of:ftgl�>at a,ry; time tluHng the Lead Tettn. igrthe >rqutpmenr of �§Ru Is'tuncl3onaHy stmAar tq:liis ment aid operstln furitJs era not a;herWis9-avnfiglae to:you to tem� 'Lease Psy idnts.end afhe'r`- (*}.merits due. arid:"to bewa . rfe. tinder the G ass, .and .ltiaje ;d no other-tagal•,prao�#uie Or evaifBt;Ie funds pY or "h whir.F'•pagnrOnFcan be"mide to us., and the nm4pV&ftkdid not. result fiom Qn.aet 0r,urr&S1i n by. you you phall ttaue:tlfe q►l #o retuna the:>=gulprosnT)n accordance with Sactldn.8 afthb Luse Agrebman! and tarmttsate the Lease anth�aXaat}#ay•af.E#tegsr�lo�t(try'farwhictt'approprtatiar4s.+Heter+eGe�iled"withoot,peapityor.exp®has•,Ro'yau,exoe�tgsto.';liepRrii6� Gt'tlro LpsS$ l�aytnerds Uv which. funds sha'A.ha�de been ppp;apriated ari4 tri O'eled. g least.Wdst�ss priarto..the dnd :of your frs�aal, period, your. elttef exar if . e ctiioei �o) Ia�,gal counsel) shaA xartl� in wrhipg list {a} funds •hairs fro; berfr appmpftwd ror oie racat pengd, @) sfrrh non )propfration: did :not •tesltlf from any ecf or �iture to act by yW' zadi ;) ju hdvrr. a-Musted of finds le�s�fy avllhabfa to pay tease-Peyrnenls:.if yotr terrrrinate. Qte: LAsg4 iaads0W g rtopatiPfol?r+0 n of lands,'yorr niay Aot; to; ltte e><ial . perlrliit9e#•try.appki6la`Iaw;. pufchase, less& br�ienL dtrrllra 4tieibsegtrent.flscatperfao: epylpAtefit Rt3ltorgtpt8 ttm•.Same'ftrrlbttdr5a sib. M lods't$•Idng the plape•oi, thpsap$rfdrarod by ttro ERA Ttdstteclion.� shatl ngi permiC,ydu;o tofry�luatethe Lease { tri.prdei to.a tflra aojr,othgr octornerlf ct'to attQbate 1�nd@ dln clly or int#reclly o peAarm ass etly► the pptfcatlors for qulprnerrt• Is I 10od, a P. IMxempt from Ole payment of i�er4elri'taxea; yoir �e o, eP i►§:wherr Invclt ep. {o): dllsates, use, ranCal, lase i6celpi58ntldtl Otlter'tSxes•erhlah'mey b'e.lrript'reetl on�fte squrpp::rrirent• o u�e;•and•(hy.i�fl taxen�emd.gcveiArhental oti$!D�:Bgsacl�isa wtlh tAs •ownershlp;..i�e ppr possesslorf ojthe Equlprrleitt'pioludirib, t.tlot mnt't�.:to,,personai prcperry'and •ad. 3 •ttabrarrr.tatre$.�("iexea`j. "faxes d0.�ltot Inclpde tisM.e me$cu�' b}rourrii#t iY ' e. !ff-s icabts. ta�'regru(ea tax rgldrrts or• r�4ol#a. ; ta.►a filad'by y9r+:.�tdy{ agree.td prarrrptly .titg aucli tax.relums and riptl¢;t to rri}: Yop free: to keep and rhalcQ �Ii trtB'f0" us•"ati lari fEttltrtS:t;nrt r@��,0?t4'�Df "tii%B&:�2td fey �►Clt. . - 4, ;• - '�, SFou ahaA have.lil� la;fhe ' � Gt�rjt�ti+�i�' "� delivery and;bhett. tie,tfie hairier ol. :#ha,Eq prn'ent4 .Yorr {0 .,Irae:t:us•and oeJr alfrita�s a •sedrultY jn' m, �Eorapment ( li j?Mceetisi,t0 edwro:01'a auf ab'bkions-,W& the Lassp Ag eemetrt ono �riy gar .ob1i it whicfi •may have, lo; .us. br;s . of our afffmles, a. (ls) au;h6.rt US tg Pile flydnt;irtg; ltplerller nsmrrig yaul.as .. oti- kdeq the &luipmeni red and cl8ar of:bars� and, .en• br fries,•:kept the e•1n. opr:ieyar,°and,g ptfy notj 1f a t^ef7cumltisna! Fa p� ;prtprvaterled'ogatmt.tho' Equipment: Yau iiii6 Wiluf c ... .4ds. >�f;anY time,ac is) tits cso tnfatmbvt n.iop'thft L@ .60reement.,hetudinq your earract (e#0t`nsine•:asde) numbers and Equipnlerd deQ o it'nc)kea aid'iroble -bf to�s'Ei any•raouired:hlslrraru and [c�'gnafae,yQ�rr name nn-remGttarlfles?4r.ins B cr (sass pro�eda, , Yeti ¢g a' " imansa.1y fRbft:the Equfpttent:io errathh�er coU* or- 9!a!e! SNithM. na rr0 us wjthtn 30 .days gy{pp) , ' end rrtairtttb" a Eq rtl {h .act ottlahru�'"ieKh all Ct)' lava; ar�narlt� `end ragufatiahs; "roan>;ats.andptfwer'Irrstm`C#icirA•i, ed'by::f "Wrt Ott{st Ott stip'06r(6„a'nd.M Insurartce'poli�y"berms ana i rr'gi�Irernefs; (cY.perimm- to your cove e7tpitos rrta[9tertart • . d tePatrb r besa to: keep ,s,1Egolpma (1h as: G 'Ode t •eohdthoh,'ms When dolvdrad, to you, resaohab " td�ccepted;'( 'of ltrstatl arty ecdes9ory or device :on thin Eg41pmail yrhitFrr' � .dFa ts--Iha value. 45 !de o •.tf!o l; en c iorl:ar of fife: u3pnrent In,anysysy rtrilsss tl•can be fiArrtdved'w9}tout' tiBrtldg ng the: �4>flp eat, (aj .a ., otrr & (he fneM arjd aA pf xavr reaands pslatbd .ta lla :tree, ritai0 . rranee and rejta7r; dt a ruble trite., Ct] ios etettisd de instatEad do ahe,Equl bs:x coanacted'end IN;ood tvorktng condjtFdnaf all.tlmea;; ). and rriairrtsi a.ttromin"PP'laea.on the�quipmenl',anYfa ptatoaor;QlhgrmaddnesOw. y provlde:� Y.�;; eruf (i, r It fire �gir1 to bs seed try; oi:;O ae' (fir tlia possslon or,:erlycne nthrir thari_yaie orydu"r• r B: in tcaor�: You, agree; st'V I a ta•{aY the 5qw lnmgAt tnsulea Against, - 6 asks afphyslcal dain�a.for nOIesS'ih8rr -the Pithcipal Balance (giAdcicated. n S Vile dttactled to ord it a pall •Ribis• L,easla Asrdernen%,Warrllro• beers. Ctdd1E, lna.{tatd.a4r #ueceasn Y era sale tcse p&M: and (b).inikintain" pub�ic•liabiirty'Jrvsordnce :covering' pcusanal ifiju�y at►d Araperly-damage for.rto s:th8cr•Ii4,000 0 0. p6r'0 ur(andgj miming Dearo. Credit. lna (a our $u;Msars arii4 oig;ts} as etLdidohal bigpreb All, tnsufartpe mlr§t bs ieith r rrtpanles. aid aticl rr atcBptetrie [o us: Yarn a iig�atkm'to Ihs4ra tfletE UlprAent ctarttinues.uittir ybl(•relyrrrtUs:) trtplitanttd`t.4_4'we e h ccf! �iisgrartte poAeti rrtui� pinvyde 1h'ai (a).ou> Interest fir the paAcy-will hotbe. tn�ralldaldd by,ari�1 act, simtssiair ;6reeztt or7Ee 16Ct of enyons'atMi than us; and'(h) #trg Irfsitnef wAt Iueu4'eL.least3R Morwrfltennot'ice:befotp'anYcartcotrallim,cf,:or�nsstterlalr)ian�td:'ihe;pollGyr 4njassyoy proe us with eytdence 6f the iegrrited pure);bso frraurance, at youf aXPense, �o ;prbtdd'puchrteresta. Inr'tW..Equipmenf ihts-lnr:urart�e may not: )a)'.po*d yow rArests;; oT (b) pay ery alaltn lost �rod.rrrake of any 1 ONO (ho.I made'bgairistNou tn;mnnecliati urhtrlRo-E:gyiprrreri� Yes! they latercpiieot-enK iriSirre#rism purahaand b!i Al but oily bilEt pfaptd g us{.411 oldence that ybt! Itatre'oDtaltisd. #ho•tnsurarioe rdquirdo by lhis.l4ose.M&e**nt: Tns im of Ahe.1p4'.. lte -nray IrB mofe,thari ttre cost o!'tnsirrance you rrtsy ba aftl8 to obtain tilt your CWr1. 7'. t}nm ,lire• Equipaitero is ieturiied lo'lir# ar eal3s�ttgiy 4a0d1Uarr orf ere re sibEs fat Qlt rlsk otbss;'daRwga, theft .d u on o fsetzure of the Equij3merst. San'Evdnj boors i YW tttust.•p-rpmptty' ; us afanY l=irW of t.i�5 tf the l=aEupm9nt 3 tM'be rapaiied 6r replace -r yo?L.$9 to pm*ly mpatror. roplace"ttb Equip rne% aE yotlr 0bP rM.A the ternta of this �eass f� r imeni. avill giinfinue to apple, . it the ulpment yannot be repaired of n�taoad, you a • o Io Rev cra, the i 4rvk al t3at81lowr -s deterh ined try. use @A of ll'ofhedir0cb, 9val b 44.9 n4red• lsurance 4o"insqupet feas,s9#smof.Egapnegbr,r�s.-H 41c0,it ntj A&Iis, VMO_UT,6W f -CON61TION-ORVALE .WARRAYAS'7 ql ;itsurartteproceeds mustbep8ld.drrectlyto.Us,and wemal►'e p ally;bXoes9lnszirariispracaeda:fo wry-Whar'amovntsyou sue us.'1DiBaount iiafe�"•atleB rr,eaq:t�stntdmal Rate"pffiietiur}rafqus bvo peresnlage.p'airrts:(2710)• E'TE S- till W•C0MTAlN RE' 'ipAGE r :aeira.,wntinx: y269B3t@ Y:q�,�rn«pType: �5ons;rsuerim�8,io%s�ry C6mmerstsi - lC7t]Ot {�yineasan� ti2gaas:s verr„.e"x oVeia�tiaSAlwi Ppga of 0.1111MIN 1 ,ice! m,a111jW§mp If'-04- Lease A ny'resobfi, lnaifl�gs buf W'�n&d'to.. emn4ppropribDon- mehierd-M te* hated Or a ji'l, John biere.,cieelar lhgt. Afunds Wabe,A6rW'ii3fY1W QW88-10 tmm dAwliq-ento the 6ear' SitnPar to. ifi6'tquIpm""t al .Yoqr: Mil,irf it"ielmy .cond�nrtj .along :tiafifh' all: use, r6a , I . rit is p4t�.fWary wno�m if 0 Ig Irk, '4qieni Was In Rn "when.6 E #j) V6p'.b h!p 0; yo-�4il �di6- default it,(#) y0y r;Uip,rVnft-10 Le -any M* ny . &sB A!q6;kefR'WdLtjd to.cure-emch jtij%T any other r Rquiemetit F mwotils)-, or youlaid io tneltit�b! -Ins-ura .'W -60001T 68 M0909 underth to Lobe Aj;k*00. rem Vou"A$,LICIVIDATED PARIj6(046 FOR LASS S7F BAMGAlld r9idl- 3 ' �Itdlande4vcf thQ�late gull. .0 :e* poon je%orW by Mfg U&S. AgredftMVM�90- YOU :fail to Ijk6L'"&e' I" I ItW. td . Mid - - av exer4sed. pies, gM: anulAtWe; i4d er."rmeolim' by law. W4 be not- bperille, MUM -NED-ON MOR-9111MONE-EAGE THE TEIW§-bFM LKCbAMA01ARE'M)YTAJ J.ai AM oil RON i , 11101011111. 06 You ackwwW#a tha; pq upkligi at., to w Mh . p1d shfaft unt,MIVWOAV Jd p6tst6i-ogt CWM*d8ken0M:(11, signou in ..Will Wjj3)MWj; Uliq VW1jUj1.VUj1 if 0 WW96.PjfjWjP CRI]r invalid or voeAnwAID, the ranialmd9r.or lhis.,�Laase A -.WZI Mnigh 'in Yaq perm4f uvfo -munildr aro• rkotd d teli*iie CPO -b Witewj6i�4*'M, BY_FiFbV1db'@. LIPY btj- hiew Inti, Mo* _K U4 "Y 0 ahy'0abt'6W�*wi1wa retgAAJ%�. i -66i of. -' 4M.:20pita, and WthltitW- dW. oollbepm can -6dn64,jFj)u viii thEff- fii6ber-,-16*69 �Mus- w" M%'6uWn*flcd1W1nj ind'annoufielhi; 4iift4nd Wreprded calls, and, that such calli.4fe.-not kw.AA�sfimq rights'drid'ar. Ws Lease AgreemVW remain of the jAaad'Tatin or.. terrWhstl6n 6f.ftb6asA%A9 **OYop:ayree titdY wire sari ee¢aa� arty infdmt:ili6n regarding the locatls}ir t and. jw kriwotabbr :6uthdrize anypnedej pwxopofan u(sigh Information to proMe all of-1ha1'*rmd%ry 1p its. b'o p n our ratluest. You§M ndl-14101blb•ior MkM%6 lnt�448id�" -, woftliofi-P140� "'it I ia!Jdfl *.Ww. W'K*ii daided to ihe: WY 119 Yp NoW0Mandlrkg itr* 6ther-olection Voitinaku, YQju adi" W-08) v" . a6 acteM, retain.and use; at%any J*es wd 9&0 96y- -Inforridon ragardkg-1he rocaugn IwW cdndd4rk of tb . 0 O*zo 0*0.0 -in _ m41qleftnc#, opeholoh "P.,0owpok (b) You Ift"Coly aq �CiiZJ64 066t inform"., �* a I I a}that -` kjlbrka�'� ra us UP6,quikiteo' - V 4 . iderdal In �tha. atkpi.i� Orb ''uptil-outsebLA . F , eat fs j4ulpm iO#d -TiJE TERMS: �(W THIS LF-ASE ..AGRMMW, -SHOULD: BE REM CA89FLXL.Y; DGWRE -SIGNING" HKAIV7 NLY THESE M11:11��N . 70;MS ARE ENFORCEABLE. NOOTHER TERMS'.0R.-ORAL FROMW BLEGALLY EII FORCED , BY WNW,TIt LE AOAtW.VOLA3REE,.10ALL QFTHE MOPSSPORTH iN 11idS. "EASE AGRE PA�NtVSLEASE'A"S'REEMEN'TIE�'TH9 OMPLETE'ANDE516LUS 7;HE AGREEIPAI ' -f! EN Y U,& US. - % t -.0 E�k.CEPtAS�WEMAYLATBRA)3f�K�14WRrRWlb -IT, 'EM11TLED T* -A'COPY-OF THE NOTICES, TO. LESSEE— 06 NOT SIGN-T"G� LWE -40R I K, YOU..' .THEVOE WgiG 400 ROTE,-, R RIGHT&I LEASIEAGREEMRNTAT Y NO• VON OF FIRESTONE .(Dali 61jrMO F Accepted By., Dww. Credit sago 14W84 M$iDFT"'_P0N1RA CT..ARE CONTAINE60N 0,007001, AA*060ft'. 42 , ut'i -Ptqw," QW01ib-forlIAMAM: Pqp--4qf 4] MIN Arfitanha f jwa-qoa JOHN DE9RE One Dob- F I NA N C) A, L TOW lie: P" e Op.d'iW BIIIh!o'InfohnA#jxt FIR�STONF: FIRtttONE '0 6d 9000 pheM,Nq&- 410 fut* IdVokk Wfl-bs:s.4nt.I&Ws. bIUI.np addi6ss:ftpwn-oj�myod update.yo7bIfffn.g ldormitloh:966va. Mfg., M6461 PMdtjctID pwmte. Paymem Tarr WOO: owpo JD 824K 1*1 ill fffi till: dimpla mm sl a.w $ 0 'I So, D sm 7al.o. Miwki fty Doei-d'Cr6dit bit. Deere.larsl'oW& Mni: Ld=;6-Admjn%"&h .PO -Box 660d' Johnftk vkM1314.00 7A j 6h RK., �906) 0"026, rO.ENSURE.MOPERL rREDffSTAPLE.,t. • "ECK-A HIS V —E URW W0 1WM THE LEASE PURCHASE SMEMIM-91. 7-74��� '�TAPLEAOIVA NQ.E LEASE PAYMENT CHECK HERE the firghdO.UMant 0emItt0d"try tav)-: WIN lap,101 I FORM -jollm DEME., FINA N-C'IAL- ' mepiEn iment Adomitlepay H6WtD 5nfDll - Twe am t" am options avallatk f6�enrollmon • Sign today. orWnp--�yvMng bu[,Webslle-d OR C#Z-'te-andsO thisauthoft -doon'a,nd -.sefid',t6 LA;, email r JQF .0 Jpdiri.gesrs Financial ATTN' Papent'speOwlis PO ibk 5127 MadlsW-W 63705 j3�ga wdg &gj*zjd=Wd9 -60 hbMa& mr��. se a swdibns. ,AnkAixa0nt,ld*.mn0on -Plee a" 0p.2ofthe-fibrin Nam.& 4 Finariclo i n&W- plop: city "& State, 'Name a.f Patioil or EW.dft:Banl(Ac6cWri. -4=6 14&. Joh Ejeere� FiWelAl .4v Jon FiRail ftmw: 9 Ite"'. 04y,ments AcWui4.Wrnbd(-I' 'Apo Apol Numbed tolftwoAth Eby ID-# 19wi9 03aw mole. 44 gemClAIr.AUTtfAfiAiJPAYMiEfil'C/UTHOREXA7t* QN.FORM 6ve p . r6wde0ID*the'0-x'T'0qn other. YL'ontacli:lndMdual.Johni)emFIndbUzl'g*.Uo. 2MCUinW0Wi.W'fD the Company 14e).Wehdbd. -09mp"' to I(OSU 0. blea �'-*Mgs to +;a 'LOW I iWigiaw" -asneoegftv"foeii�n6unio.�o!Ltowybo"d4itd me. 7Wp'LMod acin caripeledl* the Company, #46 i*h*lp Q fcm�nd 66d 091L. asqnable ijpOctt # to act iupohl ff an y.-oftWi6f&erFdid 6rss6rWailo'h or'64eAd ko'n' ' smdfit-ghd I h4*. ftcWlrjypayrv*n4, thle enrollfwnj and bank1hS iffy mation-will io,teanof&md,tomy,rey0'owunt � 1 011. 0009040 am 4010cuktho NACHA Opw" 'ftjbsan&GUjlr)esap0xmb!etoplctm It=tomy.fiankacbuht - in dMe.". &16�tMMa i i ft-lr� a�y.paymeit. * qUeibd'ih6v840iq* , tvidu0-ac.cautif adialbe made-In'ordr tb be OlIgtolt far ou p wj nx dot tar r I h A t a 13p4 Aqcqtmt Owfor•S*eue- gikrlk A=uhl .6wr*r Phqn6-Nwnbsr. ReYWP" 4 FORMOGN ju Ill l'll JOHN DIEEA �L 'ANCIAL CI $arfeple P�rsor�a1 Check. - 4i' ���%. ��• .'�ri�"�''l9:'rtUfi;2brhlb''Y8;'�i-1�'4{s�ab'�3''yrtiFr'l4ft��ir ii `�,,'Fg�a' _ Ap t y$i -'rr r• ti Jr` —a d !" pyr a •�rJ: '1'f` 2P vm.x; ` %F �ik'�.:Gyc�,.l.s„s;1 , • , uhr k p s w.3r'•,Vr� Yv�rsr�.+ss.. �-,• n �y� •" �� �� a. n ��ti,F-�Yf,;�� r�' '!n �Tj'•_ 4 il4c..,, •�•�r •. � jr �:r4}eil�. � jr Y�! r' i �' 4j t . _...�"`., �,-��`�� •iafr':��'r; .Xyn3'k �..rirlf c..T4S�i�'.rt�%L�C"a.w�+t••r41'rsaY �,, z`�r,•-��an-w �� .. ' SBim � ue • ,�he�k � �y.r..i; 'K�2,--lt- i� rS r '.-f}.r 4 .•vA• al - --, � ., �' -„r. . LS A;, L I1k` r S {♦ r�ir li t K7 u pr 4 X 4 '�' `�i.,�"•1ru^+y��;..a'i�,:r'C 2 �r'�5: "•t :{.tic�e�pk `�� f",3�y,����f x1, ;• �' °' hf - --��,���� {Xk�Sk7 • �? a: 2 �� y.�'?`u �w?�',.;?�,'t.�ei'x+.� �f��'S` . - lI7 •� :1•i+`{ C' ' 4y^. s•'��sY. '} ,� ,�y�'�r• '$ I''Y?�;•��i,'�' i:�'.. ((kt��• i - • r'.5 •.i°..[,:a7: r.'A�`..lr w�.r, +k�: > . l - Yet�CN. - FS- s:� t 5 • Lr 4.y r,�fre`, ��lt'Y#�"!�'�r�'�r E .Cm �rnll !•� Mix nS $',, r8i .x#.ixP:•s r�Ses' ''fL�.', � "1: i'ih"r ` '"t'i ;'riY4� �' �,�r •r�'�;�'�!v�♦ f^��iv�'.3�1:' y .� t. ' t ,S } $ .,i. 1r i e.- T, ' r• 'F�'1.,�'",".W"::..: Se'iY t �� ry4 et n_ `' s . - ��� �' ti• iT"Y C t r�'J'�`�•�v°:r a�� 'l�r.�. F.�} �'r1' •! ` � r G :7n�".7 � . Fro, "a; ;s. ):r- ��3.' ."�dev..l„"�h'.`r`5;y��•,�4>"� flan°�;{.` r�k {�,�.rr�'•�'r-.y.�,�'. w;. . - - ifi •tir� �`� , »e� 'f f°•`!;„ `°-4.•�arF„ ,'{fircl,;;� y� Jtl��,5 .'p - , .. ' .. . .. -. hr�aP l+k;mi ow— er .�i6Yt6�On'iiai8'"a�GK�1�1x. . :..' . , � � � � '�fs.1283�18-•'uaeanMm�c4 ' . JOHN DEF.Iqr; ��N/ 1 1 kL Nliveiv and Acknawled9 ..men t LESSEE:v+R+IOF'FIRFESTOW i•$.1'OfiAiVi`A.. FIf�F'.x"TQNECQ t3�120�30DD LF:iShcit: CREPq. INC. t!INUBBtfi S1' Po 60X �804.;lOFWS Rt,1A.70.13'1-6600: Gep siizedter:ns Shall have{tre meanings "t orth.in title Lease Agreoiterd you.heifty rQpteserit t1Qauarrant that:.(a)' airof the EgUlpW9bow e.. " V#e9aibed in the Lease Nreementwas seteged-isXVaui (b} ell of -the Eglit end the Dp81Stb�'s..ManUals Dave peen de�vered.to ar►d recAhred by, �yota '(c� yatl ren►ed ta;meauiIrei'siritten ti WNWappilcaft 116 the• Eg4lpment and y¢u undels't�id that yotg iWhi ate 'Wqe t ta,: the IimUions. outifnod theiO,' sdy tk s Te cpe i;on end-the'proper se�riclp9•of th9 qulpn�iit Fia be�h'gkplairied to•you; (e) all of tite.Equlpjnent t� P-60en: iiaspi�ded"� you a�1d � In Good-worWo order°and, repair' (a�eaating.ar crthe }; IM sl9quipmank $Rail be usetl a¢ly %r-tt�e pulse indlaeted in the'Lease �lgreerizeni;; �9k', of i�v EquipMentls anrandNiarialiy'end irre c blti acc ted by �roit for aif.pur at}� Undo the [Tessa Agee'mer- and �2 1�.infarm8tibri yoil provWpid qv, is tare and agtract, Sigrleo by.tessee'; duiy atrtho►i trepresgnteiin oftthe date dijovm below.. TDWN DO 01Fti=$` O' E (Data'SPgeed? PAUL SoRElte�r; l(WY4ri fieifJs6on•DaEm:t6Jch�ry2Q77� _�1pph�i0ci.1[Y 12538fi19;. ..+�atiHsanwe4 . . -NMI JOHN". DF.F. OZ. FINANCIAL Physical bamagolLiAbififty Insurance trss�+ T OF:FlREF()NE 15 1 - GRANTMr=, R F? F$TQ N E. C 0 WX�bom .BOXBBOII JOHNSTON. IA-561 31-Bood L."10Y, INS RANGY on,the Lease PurchowAgrepmoi mdl.l bp:p!oVldqd.by the .foJ)qMng.jrisurahco agerqr, Narhd offteWf, Ph6je Nun§xi'dA*en*. FUNumber of-Agenq-- PT4YSlGAt*MARE IOWRAM&O ifie Leap -Purchase Aarmima.wo.,be provldo.d by- the fdtovko agency: Ph�eft' 'WoWnc w6v AdiPpu of i;r_. f=ax KuMborpfAgpn�y. N itshopW be prom —to. .4DOITIOUAL INSURED Ofid Deere wa -Inc. He S=erzors M) fir 6406NW86thtir - ',so res, an d- u to rls of: n6. pu,. *Ii M l lanes (a)--mpintMv-subr "1,7mUst,a,l ue fiEftinsuw. co, pftpemo 90is adt VoNam004t- Inc 00-W si�biu, and' dsQS) AS ed(w I In me I al phycloal dtftgo I jh '(psindWted-ln 'to thpleam;rqDoom d0al-13alM n. -ama el ,6Agqdmen.rwnlng d 16 su,;6460ro,-�w W.O. 10TICE9 Td . LOSSEE-Ab I SM THIS`--PHYSl 0 WiO I IN$URMCCIN 11LAWK YOU ARE EMnTOM to A.,bqpy OFTHEPAMICALOAMAGMA131hy Tfi6TIME. U'SIGN.tTTO'PRVCT YOUR LPALJOdft, TOWN,OF.Flft ft ST , ONE . pQtN;- �)* & pd6olbu'l FOR4017 ORDINANCE NO.928 AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR TWO NEW ADMINISTRATIVE VEHICLES AND FOUR NEW POLICE VEHICLES WHEREAS, the Town is authorized by applicable law, including but not limited to C.R.S. § 31-15-801 et seg., to acquire equipment and to enter into leases for the same, which leases may include an option to purchase and acquire title to the leased property; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town and for the health and safety of the Town's inhabitants to acquire four new police vehicles and two administrative vehicles; and WHEREAS, the Board of Trustees has determined it is in the best interest of the Town and its inhabitants to enter into the lease contemplated herein for the lease with option to purchase of one 2018 Ford Escape and one 2018 Ford Transit to be used by Town administrative departments, and four 2018 Ford Police Interceptor Utility vehicles to be used by the Firestone Police Department; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Master Equipment Lease -Purchase Agreement between the Town and Ford Motor Credit Company LLC (the "Lease") for lease and acquisition of one 2018 Ford Escape, one 2018 Ford Transit and four 2018 Ford Police Interceptor Utility vehicles, which Lease .includes an. option .to -purchase and acquire title to the vehicles, is hereby approved in essentially the same form as the copy of such Lease accompanying this ordinance. Section 2. The Mayor and Town Clerk are authorized to execute the Lease on behalf of the Town, except that the Mayor is -further hereby granted the authority to negotiate and approve such revisions to said Lease as determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered. The Lease shall be in a principal amount not to exceed $177,500.00, will bear interest at a rate not to exceed 5.70% per annum and the aggregate of the initial term and all renewal terms shall not exceed four years. The Lease shall contain an option to .purchase by the Town as therein set forth. Section 3. The Mayor and Town Clerk are authorized to execute the Lease on behalf of the Town. The Mayor, Town Clerk, Town Attorney, and Town staff are further authorized to execute such other documents as are necessary to implement 'the Lease, and Town staff is authorized and directed to make payments under the Lease for which funds are legally available. Section 4. All financial obligations of the Town under the Lease shall be subject to annual budgeting and appropriation, and nothing herein shall be deemed to authorize, or construed to authorize, any multiple -fiscal year direct or indirect obligation whatsoever. Section 5. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares it would have passed this ordinance and each part or `parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. Ordinance No 924 and all. other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the. extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED M FULL this I q& day of -k'Y\aA(,k 2018. TOWN OF FIRESTONE, COLORADO '•� rowN'`�� �'• }p Paul'Sorensen, ayor ATTEST: �Gi •......:r p�� Y, �O Leah Vanarsdall, Town Clerk ORDINANCE NO.927 AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR TWO NEW POLICE VEHICLES WHEREAS, the Town is authorized by applicable law, including but not limited to C.R.S. § 31-15-801 et SeMc ., to acquire equipment and to enter into leases for the same, which leases may include an option to purchase and acquire title to the leased property; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town and for the health and safety of the Town's inhabitants to acquire two new police vehicles; and. WHEREAS, the Board of Trustees has determined it is in the best interest of the Town and its inhabitants to enter into the lease contemplated herein for the lease with option to purchase of two 2018 Chrysler/Dodge Ram 1500 SSV vehicles to be used by the Firestone Police Department; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Municipal Lease -Purchase Agreement between the Town and Ally Financial and Ally -Bank (the "Lease") for lease and acquisition of two 2018 Chrysler/Dodge Ram 1500 SSV vehicles, which Lease includes an option to purchase and acquire title to the vehicles, is hereby approved in essentially the same form and upon the same terms as the copy of such lease and lease/purchase financing proposal accompanying this ordinance. Section 2. The Mayor and Town Clerk are authorized to execute the Lease on behalf of the Town, except that the Mayor is further hereby granted the authority to approve such revisions to said Lease as determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered. The Lease shall be in a principal amount not to exceed $61,000.00, will bear interest at a rate not to exceed 4.40% per annum and the aggregate of the initial term and all renewal terms shall not exceed four years. The Lease shall contain an option to purchase by the Town as therein set forth. Section 3. The Mayor and Town Clerk are authorized to execute the Lease on behalf of the Town. The Mayor, Town Clerk, and Town staff are further authorized to execute such other documents as are necessary to implement the Lease, and Town staff is authorized and directed to make payments under the Lease for which funds are legally available. Section 4. All financial obligations of the Town under the Lease shall be subject to annual budgeting and appropriation, and nothing herein shall be deemed to authorize, or construed to authorize, any multiple -fiscal year direct or indirect obligation whatsoever. Section 5. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining. portions of this. ordinance. The Board of .Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. Ordinance No. 923 . and all other ordinances or portions thereof inconsistent or conflicting with this ordinance or any .portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this. J 9+� day of. , 2018.... . TOWN OF FIRESTONE, COLORADO TOWN �tc� oo° c,, Paul Sorensen, Mayor O��yGo�p - - - ATTEST:L4-k V Leah Vanarsdall, Town Clerk ORDINANCE NO, 926 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY BY THE TOWN OF A SITE LEASE AGREEMENT AND A LEASE PURCHASE AGREEMENT AND RELATED DOCUMENTS, IN CONNECTION WITH THE FINANCING OF THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS; SETTING FORTH CERTAIN PARAMETERS AND RESTRICTIONS; RATIFYING ACTION PREVIOUSLY TAKEN; AND PROVIDING OTHER MATTERS RELATED THERETO. WHEREAS, the Town of Firestone, Colorado (the "Town") is a statutory town duly organized and existing under the Constitution and laws of the State of Colorado (the "State"); and WHEREAS, the members of the Board of Trustees of the Town (the `Board") have been duly elected and qualified; and WHEREAS, the Town is authorized by Section 31-15-801, Colorado Revised Statutes ("C.R.S."), to enter into rental or leasehold agreements in order to provide necessary land, buildings, equipment and other property for governmental or proprietary purposes; and WHEREAS, the Town is authorized by Section 31-15-713 (1)(c), C.R.S. to lease any real estate, together with any facilities thereon, owned by the Town when deemed by the governing body to be in the best interest of the Town; and WHEREAS, the Board has determined and now hereby determines that it is in the best interests of the Town and its inhabitants to finance the acquisition, construction and installation of a police building, to include a court facility and a multi -purpose police training/community room (the `Building") and related machinery, equipment and tangible personal property (collectively, the "Equipment" and together with the Building, the "Project"); and WHEREAS, the Board has determined and now hereby determines that it is in the best interests of the Town to provide for the financing of the Project by entering into a lease financing as hereinafter provided; and WHEREAS, the Project will be located on certain real property that will be owned in fee title by the Town (the "Site"); and WHEREAS, the Board has determined and hereby determines that it is in the best interests of the Town and its inhabitants to provide for the financing of the acquisition, construction and installation of the Project as follows: (a) the Town will lease the Site to UMB Bank, n.a., as trustee (the "Trustee") pursuant to a Site Lease (the "Site Lease"), (b) the Project will be acquired, constructed and installed on the Site with the net proceeds of the Certificates 1 C (hereinafter defined), (c) the Building will initially be owned by the Trustee; (d) the Trustee will sublease the Site and lease the Building to be constructed and located thereon (collectively, the "Leased Property") to the Town pursuant to the Lease, and (e) the Equipment will be owned by the Town and will not be subject to the Site Lease or the Lease; and WHEREAS, pursuant to the Lease, and subject to the right of the Town to terminate the Lease and other limitations as therein provided, the Town will pay certain Base Rentals and Additional Rentals (as such terms are defined in the Lease) in consideration for the right of the Town to use the Leased Property; and WHEREAS, the Town's obligation under the Lease to pay Base Rentals and Additional Rentals shall be from year to year only; shall constitute currently budgeted expenditures of the Town; shall not constitute a mandatory charge or requirement in any ensuing budget year; and shall not constitute a general obligation or other indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any constitutional or statutory limitation or requirement concerning the creation of indebtedness or multiple fiscal year financial obligation, nor a mandatory payment obligation of the Town in any ensuing fiscal year beyond any fiscal year during which the Lease shall be in effect; and WHEREAS, contemporaneously with the execution and delivery of the Site Lease and the Lease, the Trustee will execute and deliver an Indenture of Trust (the "Indenture") pursuant to which there will be executed and delivered certain certificates of participation (the "Certificates") dated as of their date of delivery that shall evidence proportionate interests in the right to receive certain Revenues (as defined in the Lease), shall be payable solely from the sources therein provided and shall not directly or indirectly obligate the Town to make any payments beyond those appropriated for any fiscal year during which the Lease shall be in effect; and WHEREAS, the net proceeds of the Certificates, together with other available money of the Town, will be used to finance the acquisition, construction and installation of the Project; and WHEREAS, there.has been presented to the Board and are on file with the Town Clerk of the Town (the "Town Clerk") the following: (i) the proposed form of the Site Lease; (ii) the proposed form of the Lease; (iii) the proposed form of the Continuing Disclosure Certificate to be provided by the Town in connection with the execution and delivery of the Certificates (the "Disclosure Certificate"); (iv) the proposed form of the Certificate Purchase Agreement (the "Certificate Purchase Agreement") among the Town, the Trustee and the underwriter of the Certificates; and (v) the Preliminary Official Statement (the "Preliminary Official Statement") relating to the Certificates; and WHEREAS, capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Lease and the Site Lease; and WHEREAS, Section 11-57-244 of the Supplemental Public Securities Act, constituting Title 11, Article 57, Part 2, C.R.S. (the "Supplemental Act"), provides that a public 2 entity, including the Town, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Ratification and Approval of Prior Actions. All action heretofore .taken (not inconsistent with the provisions of this Ordinance) by the Board or the officers, agents, or employees of the Board or the Town relating to the Site Lease, the Lease, the acquisition, construction and installation of the Project, and the execution and delivery of the Certificates is hereby ratified, approved, and confirmed. Section 2. Finding of Best Interests. The Board hereby finds and determines, pursuant to the Constitution and the laws of the State of Colorado, that the acquisition. construction and installation of the Project and the financing of the costs thereof pursuant to the terms set forth in the Site Lease, the Lease and the Indenture, together with other available moneys of the Town, are necessary, convenient, and in furtherance of the Town's purposes and arc in the best interests of the Town, and the Board hereby authorizes and approves the same. Section 3. Su lemental Act; Parameters. The Board hereby elects to apply all of Supplemental Act to the Site Lease and the Lease and in connection therewith delegates to each of the Mayor of the Town (the "Mayor") and the Town Manager of the Town (the "Town Manager") the independent authority to make any determination delegable pursuant to Section 11-57-205(1)(a-i) of the Supplemental Act in relation to the Site Lease and the Lease, and to execute a sale certificate (the "Sale Certificate") setting forth such determinations, including without limitation, the term of the Site Lease, the term of the Lease, the maximum rental amount to be paid by the Town pursuant to the Lease, and whether the Certificates will be secured by an assurance of payment, subject to the following parameters and restrictions: (a) the Site Lease Term shall not extend beyond December 31, 2052; (b) the aggregate principal amount of the Base Rentals payable by the Town pursuant to the Lease shall not exceed $15,000,000; (c) the maximum annual repayment amount of the Base Rentals payable by the Town pursuant to the Lease shall not exceed $1,050,000; (d) the Lease Term shall not extend beyond December 31, 2042; and (e) the maximum net effective interest rate on the interest component of the Base Rentals relating to the Certificates shall not exceed 4.75%. Pursuant to Section 11-57-205 of the Supplemental Act, the Board hereby delegates to each of the Mayor and the Town Manager the independent authority to sign the Certificate Purchase Agreement for the purchase of the Certificates, in substantially the form presented to the Board and on file with the Town; provided that the Certificate Purchase Agreement may be completed, corrected, or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Ordinance. 3 Pursuant to Section 11-57-205 of the Supplemental Act, (a) each of the Mayor and the Town Manager are hereby independently authorized to determine if obtaining municipal bond insurance for all or a portion of the Certificates is in the best interests of the Town, and if so, to select an insurer to issue an insurance policy, execute a commitment relating to the same and execute any related documents or agreements required by such commitment, and (b) each of the Mayor and the Town Manager are hereby independently authorized to determine if obtaining a reserve fund insurance policy for all or a portion of the reserve fund securing the Certificates is in the best interests of the Town, and if so, to select a surety provider to issue a reserve fund insurance policy and execute any related documents or agreements required by such commitment. The delegation set forth in this Section 3 shall be effective for one year following the date hereof. The Board hereby agrees and acknowledges that the net proceeds of the Certificates, together with other available money of the Town, will be used to finance the costs of acquiring, constructing and installing the Project. Section 4. Approval of Documents. The Site Lease, the Lease, and the Disclosure Certificate, in substantially the forms on file with the Town Clerk, are in all respects approved, authorized, and confirmed. The Mayor is hereby authorized and directed to execute and deliver the Site Lease, the Lease, and the Disclosure Certificate, for and on behalf of the Town, in substantially the forms and with substantially the same contents as on file with the Town Clerk, provided that such documents may be completed, corrected, or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Ordinance. The execution of the Site Lease, the Lease, and the Disclosure Certificate by the Mayor shall be conclusive evidence of the approval by the Board of such documents in accordance with the terms hereof and thereof. Section 5. Official Statement. The designation of the Preliminary Official Statement by the Mayor or the Town Manager as a "nearly final Official Statement" for purposes of Rule 15c2-12 of the Securities and Exchange Commission is hereby authorized and confirmed. A final Official Statement, in substantially the form of the Preliminary Official Statement on file with the Town Clerk, is in all respects approved and authorized. The Mayor is hereby authorized and directed to execute and deliver the final Official Statement, for and on behalf of the Town, in substantially the form and with substantially the same content as the Preliminary Official Statement on file with the Town Clerk, provided that such document may be completed, corrected, or revised as deemed necessary by the Town Manager or the Town Attorney of the Town. The distribution of the Preliminary Official Statement and the final Official Statement to prospective purchasers of the Certificates is hereby ratified, approved, and authorized. Section G. Direction to Act. The Town Clerk is hereby authorized and directed to attest all signatures and acts of any official of the Town in connection with the matters authorized by this Ordinance and to place the seal of the Town on any document authorized and approved by this Ordinance. The Mayor, the Mayor Pro-Tem, the Town Manager, the Controller, the Town Clerk, the Town Attorney and other appropriate officials or 4 employees of the Town are hereby authorized and directed to execute and deliver for and on behalf of the Town any and all additional certificates, documents, instruments, and other papers, and to perform all other acts that they deem necessary or appropriate, in order to implement and carry out the transactions and other matters authorized by this Ordinance. The approval hereby given to the various documents referred to above includes an approval of such additional details therein as may be necessary and appropriate for their completion, deletions therefrom and additions thereto as may be approved by bond counsel prior to the execution of the documents. The execution of any document or instrument by the aforementioned officials or employees of the Town or members of the Board shall be conclusive evidence of the approval by the Board of such document or instrument in accordance with the terms hereof and thereof. Section 7. No General Obligation Debt. No provision of this Ordinance, the Site Lease, the Lease, the Indenture, the Disclosure Certificate, the Certificate Purchase Agreement, the Certificates, the Preliminary Official Statement, or the final Official Statement shall be construed as creating or constituting a general obligation or other indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any constitutional or statutory provision, nor a mandatory charge or requirement against the Town in any ensuing fiscal year beyond the then current fiscal year. The Town shall not have any obligation to make any payment with respect to the Certificates except in connection with the payment of the Base Rentals and certain other payments under the Lease, which payments may be terminated by the Town in accordance with the provisions of the Lease. The Certificates shall not constitute a mandatory charge or requirement of the Town in any ensuing fiscal year beyond the then current fiscal year, and shall not constitute or give rise to a general obligation or other indebtedness of the Town within the meaning of any constitutional or statutory debt limitation and shall not constitute a multiple fiscal year direct or indirect Town debt or other financial obligation whatsoever. No provision of the Site Lease, the Lease, or the Certificates shall be construed or interpreted as creating an unlawful delegation of governmental powers nor as a donation by or a lending of the credit of the Town within the meaning of Sections 1 or 2 of Article XI of the Colorado Constitution. Neither the Site Lease, the Lease, nor the Certificates shall directly or indirectly obligate the Town to make any payments beyond those budgeted and appropriated for the Town's then current fiscal year. Section 8. Reasonableness of Rentals. The Board hereby determines and declares that the Base Rentals due under the Lease, in the maximum amounts authorized pursuant to Section 3 hereof, constitute the fair rental value of the Leased Property and do not exceed a reasonable amount so as to place the Town under an economic compulsion to renew the Lease or to exercise its option to purchase the Trustee's interest in the Leased Property pursuant to the Lease. The Board hereby determines and declares that the period during which the Town has an option to purchase the Trustee's interest in the Leased Property (i.e., the entire maximum term of the Lease) does not exceed the useful life of the Leased Property and does not exceed thirty years as required by Section 31-15-801 C.R.S. The Board hereby further determines that the construction, acquisition and installation of the Project with the net proceeds of the Certificates and the payment of the costs of issuance in connection therewith, as further set forth in the Site Lease and the Indenture, is reasonable consideration for the leasing of the Leased Property to the Trustee for the term of the Site Lease as provided therein. 5 Section 9. No Recourse against Officers and Agents. Pursuant to Section 11- 57-209 of the Supplemental Act, if a member of the Board, or any officer or agent of the Town acts in good faith, no civil recourse shall be available against such member, officer, or agent for payment of the principal, interest, or prior redemption premiums on the Certificates. Such recourse shall not be available either directly or indirectly through the Board or the Town, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. By the acceptance of the Certificates and as a part of the consideration of their sale or purchase, any person purchasing or selling the Certificates specifically waives any such recourse. Section 10. Severabilit . If any section, subsection, paragraph, clause, or provision of this Ordinance or the documents hereby authorized and approved (other than provisions as to the payment of Base Rentals by the Town during the Lease Term, provisions for the quiet enjoyment of the Leased Property by the Town during the Lease Term, and provisions for the conveyance of the Trustee's interest in the Leased Property to the Town under the conditions provided in the Lease) shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause, or provision shall not affect any of the remaining provisions of this Ordinance or such documents, the intent being that the same are severable. Section 11. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. Section 12. RecordinQ and Authentication. Immediately on its passage this Ordinance shall be recorded in a book kept for that purpose, authenticated by the signatures of the Mayor and Town Clerk, and shall be published in accordance with law. Section 13. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage and publication. 2 INTRODUCED, PASSED, ADOPTED AND ORDERED PUBLISHED by title in the Longmont Times -Call, a newspaper of general circulation in the Town of Firestone on March 14, 2018. TOWN OF FIRESTONE, COLORADO r;x�t'�,m U"*09- C Paul Sorensen Mayor ATTEST:joa� l rV Leah Vanarsdall Town Clerk 7 ORDINANCE NO.925 AN ORDINANCE AMENDING THE FIRESTONE MUNICIPAL CODE TO INCREASE THE COMPENSATION OF THE MAYOR AND TRUSTEES WHEREAS, pursuant to C.R.S. § 31-4-301(4), statutory towns are authorized to fix compensation of the Mayor and Trustees by ordinance; and WHEREAS, in 2009, the Board of Trustees adopted Ordinance No. 729 fixing the compensation for the Mayor and Trustees at, respectively, $300 and $250 per month, effective for terms of office commencing after the April 2010 election; and WHEREAS, the Board of Trustees finds that it is appropriate to increase the rate of compensation for the Mayor and Trustees given the increased requirements for such positions and the passage of time since the last change in such rates of compensation; and WHEREAS, pursuant to C.R.S. § 31-4-405, no Mayor or Trustee may receive an increase in compensation occurring during the term of office for which the Mayor or Trustee has been elected or appointed; and WHEREAS, the Board of Trustees desires to amend the Firestone Municipal Code to increase the compensation of the Mayor and Trustees in a manner consistent with applicable laws; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.04.280 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are soieken &e*): 2.04.280 - Mayor and Trustee compensation. A. Compensation - Mayor. The Mayor of the Town shall be compensated at the rate of three hundred and fi dollars per month. Such rate shall apply only upon commencement of the Mayor's term of office following an election held on or after April 6, 2010 April 3. 2018. B. Compensation - Trustees. Each Trustee shall be compensated at the rate of taus-hundrey three hundred dollars per month. Such rate shall apply only upon commencement of the term of office of a Trustee whose position is subject to an election held on or after Apfil 6, 2010 A np 'l 3, 2018. C. Restrictions on Reappointment or Reelection. Any Trustee or Mayor who has resigned or vacated an office prior to the end of his or her elective or appointive term shall not be eligible for reelection or reappointment to such office during such term if during such term the compensation has been increased. D. Other Compensation. The Mayor and Trustees may be reimbursed for expenses incurred .in the performance of Town business, provided that such expenses are itemized and approved by the Board of Trustees. Section 2. if any portion. of this ordinance is field to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this. ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 3. All other. ordinances or -portions thereof inconsistent or conflicting with this . ordinance or any portion hereof; are hereby repealed' to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this' day of r6rLA : , 2018. k\ Tovaq O �• i �° ATTEST: o `•• o� C0Ulll`fY, .�o�. Uamoc�- Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor 2 ORDINANCE NO.924 AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR TWO NEW ADMINISTRATIVE VEHICLES AND FOUR NEW POLICE VEHICLES WHEREAS, the Town is authorized by applicable law, including but not limited to C.R.S. § 31-15-801 et seMc., to acquire equipment and to enter into leases for the same, which leases may include an option to purchase and acquire title to the leased property; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town and for the health and safety of the Town's inhabitants to acquire four new police vehicles and two administrative vehicles; and WHEREAS, the Board of Trustees has determined it is in the best interest of the Town and its inhabitants to enter into the lease contemplated herein for the lease with option to purchase of one 2018 Ford Escape and one 2018 Ford Transit to be used by Town administrative departments, and four 2018 Ford Police Interceptor Utility vehicles to be used by the Firestone Police Department; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Master Equipment Lease -Purchase Agreement between the Town and Ford Motor Credit Company LLC (the "Lease") for lease and acquisition of one 2018 Ford Escape, one 2018 Ford Transit and four 2018 Ford Police Interceptor Utility vehicles, which Lease includes an option to purchase and acquire title to the vehicles, is hereby approved in essentially the same form as the copy of such Lease accompanying this ordinance. Section 2. The Mayor and Town Clerk are authorized to execute the Lease on behalf of the Town, except that the Mayor is further hereby granted the authority to negotiate and approve such revisions to said Lease as determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered. The Lease shall be in a principal amount not to exceed $177,500.00, will bear interest at a rate not to exceed 5.70% per annum and the aggregate of the initial term and all renewal terms shall not exceed four years. The Lease shall contain an option to purchase by the Town as therein set forth. Section 3. The Mayor and Town Clerk are authorized to execute the Lease on behalf of the Town. The Mayor, Town Clerk, Town Attorney, and Town staff are further authorized to execute such other documents as are necessary to implement the Lease, and Town staff is authorized and directed to make payments under the Lease for which funds are legally available. Section 4. The Lease and the Town's obligations thereunder to make lease payments are hereby designated a "qualified tax-exempt obligation" for the purpose and within the meaning of Section 265(b) of the Internal Revenue Code. The Board of Trustees finds and determines the reasonably anticipated amount of qualified tax-exempt obligations which have been and will be issued by the Town does not exceed $10,000,000.00 for the calendar year within which the Lease is to be a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code. Section 5. All financial obligations of the Town under the Lease shall be subject to annual budgeting and appropriation, and nothing herein shall be deemed to authorize, or construed to authorize, any multiple -fiscal year direct or indirect obligation whatsoever. Section 6. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 7. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such, inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 28th day of February, 2018. TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor ATTEST: r� 411 Leah Vanarsdall, Town Clerk ORDINANCE NO.923 AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR TWO NEW POLICE VEHICLES WHEREAS, the Town is authorized by applicable law, including but not limited to C.R.S. § 31-15-801 et seq., to acquire equipment and to enter into leases for the same, which leases may include an option to purchase and acquire title to the leased property; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town and for the health and safety of the Town's inhabitants to acquire two new police vehicles; and WHEREAS, the Board of Trustees has determined it is in the best interest of the Town and its inhabitants to enter into the lease contemplated herein for the lease with option to purchase of two 2018 Chrysler/Dodge Ram 1500 SSV vehicles to be used by the Firestone Police Department; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Municipal Lease -Purchase Agreement between the Town and Ally Financial and Ally Bank (the "Lease") for lease and acquisition of two 2018 Chrysler/Dodge Ram 1500 SSV vehicles, which Lease includes an option to purchase and acquire title to the vehicles, is hereby approved in essentially the same form and upon the same terms as the copy of such lease and lease/purchase financing proposal accompanying this ordinance. Section 2. The Mayor and Town Clerk are authorized to execute the Lease on behalf of the Town, except that the Mayor is further hereby granted the authority to approve such revisions to said Lease as determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered. The Lease shall be in -a principal amount not to exceed $61,000.00, will bear interest at a rate not to exceed 4.40% per annum and the aggregate of the initial term and all renewal terms shall not exceed four years. The Lease shall contain an option to purchase by the Town as therein set forth. Section 3. The Mayor and Town Clerk are authorized to execute the Lease on behalf of the Town. The Mayor, Town Clerk, and Town staff are further authorized to execute such other documents as are necessary to implement the Lease, and Town staff is authorized and directed to make payments under the Lease for which funds are legally available. Section 4. The Lease and the Town's obligations thereunder to make lease payments are hereby, designated a "qualified tax-exempt obligation" for the purpose and within the meaning of Section 265(b) of the Internal Revenue Code. The Board of Trustees finds and determines the reasonably anticipated amount of qualified tax-exempt obligations which have been and will be issued by the Town does not exceed $10,000,000.00 for the calendar year within which the Lease is to be a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code. Section 5. All financial obligations of the Town under the Lease shall be subject to annual budgeting and appropriation, and nothing herein shall be deemed to authorize, or construed to authorize, any multiple -fiscal year direct or indirect obligation whatsoever. Section 6. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 7. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this ;)y4-' day of 52018. TC r � ATTEST: SEA Q��'•••.........•'`' d Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO _V —_ Paul Sorensen, Mayor Pro -Tern ORDINANCE NO.922 AN ORDINANCE AMENDING THE FIRESTONE MUNICIPAL CODE BY THE ADDITION OF CHAPTER 12.38 CONCERNING PRIVATELY -DONATED MEMORIALS ON TOWN PROPERTY WHEREAS, from time to time, the Town receives requests for various types ofprivately- donated memorials to be placed on Town property; and WHEREAS, the Town desires to adopt policies and procedures for the approval, placement, appearance, maintenance, removal, and relocation of privately -donated memorials to be placed on Town property in order to manage. aesthetic impacts to and facilitate proper maintenance of such property; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Firestone Municipal Code is hereby amended by the addition of a new Chapter 12.38 entitled "Privately -Donated Memorials," to read as follows: Chapter 12.38 Privately -Donated Memorials Sections: 12.38.010 Purpose. 12.38.020 Request to place memorial. 12.38.030 Requirements. 12.38.040 Review criteria. 12.38.050 Maintenance and clearing of existing memorials. 12.38.060 .Removal and relocation. 12.38.010 - Purpose. The purpose of this chapter is to establish standards for the approval, placement, appearance, maintenance; removal, and relocation of privately-. donated memorials to be placed on Town property in order to manage aesthetic impacts to and facilitate proper of maintenance of such property. 12.38.020 -- Request to place memorial. No memorial shall be permitted on Town property unless such memorial is approved by the Town Board of Trustees. To donate a memorial, a person must first submit a written request on a form supplied by the Town. 1 .. 71 12.38.030 - Requirements.. No memorial shall be permitted on Town property unless such memorial meets the following requirements:. A. The memorial consists solely of a combination of a plaque and an existing or proposed structure. to which the plaque is affixed, such as a stone, bench or other object deemed appropriate by the Town; dedicated in memory of a person or group of persons; B. The plaque is no larger than twenty-four (24) inches in height, .and twenty-four (24) inches in length and is ;consistent in design and materials with other memorials placed on Town property; :and C. The memorial consists solely of text and a Town logo, which logo, if included, shall be of a design supplied by the Town. The memorial shall not include any images of the person or persons being memorialized, or any other images, etchings, carvings, or design features: 12.38.040 -.Review` criteria. Each request for a memorial proposed to be placed on Town property shall be reviewed 'by the Director of Public Works or the Director's designee.. Upon completion . of such review, the reviewer shall provide the Board of Trustees a. written evaluation of the request based on the following factors: A. The suitability of the proposed location. of the memorial structure; B. The appropriateness of the, memorial's design, including but not limited whether the proposal meets the requirements of section 12.38.030; C. The memorial's significance to. the community or lack thereof; D. The appropriateness and anticipated longevity of the proposed materials comprising the memorial; E. The provisions for long-term maintenance and upkeep. of the memorial, and for ensuring the memorial against vandalism and disrepair. The Board of Trustees shall approve or deny the request based on these factors.' 12.38.050 Maintenance and clearing of existing memorials: . A. This section. applies to both -exiting and newly -donated memorials on Town property. 2 B. Unless otherwise agreed in writing by an instrument approved by the Board of Trustees and signed by the Mayor or Town Manager, the maintenance and upkeep of any memorial structure shall be the responsibility of the person or entity placing such approved memorial on Town property. A plan for perpetual care thereof shall be specified in a written memorandum of understanding between the Town and the person or entity placing such approved memorial on Town property. C. If any items are placed on or near a memorial, including but not limited to flowers, potted plants or wreaths, then at the sole discretion of the Director of Public Works, the Town shall have the right to remove and dispose of such items, including without limitation in the event such items become frosted, faded, withered, or otherwise unsightly; have accumulated, or interfere with the use,, maintenance or enjoyment of Town property. D. If a memorial falls into disrepair or becomes unsightly or deteriorated and is not promptly repaired, then at the sole discretion of the Director of Public Works, the Town may remove the memorial and dispose of it. 12.38.060 Removal and relocation. The Town shall have the right in its sole discretion to remove or relocate any memorial if and when the memorial interferes with site maintenance, site construction activities, or any existing or proposed use, or the enjoyment, of the Town property where the memorial is located, or is inconsistent with the provisions of this chapter. Prior to or within a reasonable time after the removal or relocation, the Town shall provide a letter to the donor(s) of the memorial notifying the donor(s) of any action related to the removal or relocation of the memorial pursuant to this section. Such letter(s) shall be sent to the donor at the last -known address(es) on file with the Town. This section applies to both existing and newly -donated memorials on Town property. Section 2. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions . of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as stilt remaining in force for the purpose of sustaining any and all proper. actions, suits, proceedings, 3 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 ORDINANCE NO. 921 AN ORDINANCE TO APPLY AND CONTRACT FOR BENEFICIAL USE OF WATER ON BEHALF OF THE TOWN OF FIRESTONE, A MUNICIPAL CORPORATION, AND PRESCRIBING THE TERMS FOR APPLICATION FOR AN ALLOCATION OF THE RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER TO SAID TOWN OF FIRESTONE BY NORTHERN COLORADO WATER CONSERVANCY DISTRICT. WHEREAS, under the Water Conservancy Act of Colorado, Title 37, Article 45, Colorado Revised Statutes of 1973, it is necessary that the Board of Trustees of the Town of Firestone, a Colorado municipal corporation, in order to obtain the perpetual right to use Colorado -Big Thompson Project water on an annually renewable basis under C.R.S. 37-45-131 within the boundaries of the Northern Colorado Water Conservancy District, contract for the beneficial use of water from Northern Colorado Water Conservancy District, and the Town by this ordinance desires to authorize and direct the Mayor and Town Clerk to apply to the Board of Directors of said District for such water contract. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1: That the Town of Firestone has determined to apply for a contract providing for the beneficial use of Ninety Eight (98)-acre-feet of water from Northern Colorado Water Conservancy District within the boundaries of the Northern Colorado Water Conservancy District. Section 2: That the Mayor and Town Clerk be and are hereby authorized and directed to apply to the Board of Directors of said Northern Colorado Water Conservancy District for a contract providing to the Applicant the beneficial use of water upon terms prescribed by said Board in the manner and form as in this section provided, to -wit: APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR ANNUALLY RENEWABLEPERPETUAL WATER CONTRACT FOR RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER UNDER C.R.S. 37-45-131 Applicant, Town of Firestone, a Colorado municipal corporation, acting as governing bodes water activity enterprise, hereby applies to Northern Colorado Water Conservancy District (hereinafter "Northern Water"), a political subdivision of the State of Colorado, organized and existing by virtue of Title 37, Article 45, Colorado Revised Statutes, for a contract for the right to beneficially use Colorado -Big Thompson Project water under the following terms and conditions: 1. The quantity of water herein requested by Applicant for annual application to beneficial use is Ninety Eight (98) acre-feet to be used so long as the Applicant fully complies with all of the terms, conditions, and obligations hereinafter set forth. 2. It is understood and agreed by the Applicant that any water provided for use under this contract by the Board of Directors of Northern Water shall be primarily for domestic, irrigation, or industrial use within or through facilities or upon lands owned or served by said Applicant, provided however, that all lands, facilities, and serviced areas which receive benefit from the use of water (whether water service is provided by direct delivery, by exchange, or otherwise) shall be situated within the boundaries of Northern Water. 3. Applicant agrees that an acre-foot of water as referred to herein is defined as being one - three -hundred -ten thousandth (1 /310,000) of the quantity of water annually declared by the Board of Directors of Northern Water to be available for delivery from the water supplies of the Northern Water. Applicant agrees that such water shall be delivered from the works of the Northern Water at such existing Northern Water delivery point or points as may be specified by the Applicant and that the water delivery obligation of Northern Water shall terminate upon release of water from said works. Further, the Applicant agrees that on November 1 of each year, any water undelivered from the annual quantity made available to the Applicant shall revert to the water supplies of Northern Water. 4. Applicant agrees to pay annually in advance for the amount of water herein provided for use under this contract by the Board of Directors of Northern Water at a price per acre-foot to be fixed annually by said Board; and, further, agrees that the initial annual payment shall be made, in full, within fifteen (15) days after the date of notice from Northern Water that the initial payment is due hereunder. Said notice will advise the Applicant, among other things, of the water year to which the initial payment shall apply and the price per acre-foot which is applicable to that year. Annual payments for each water year thereafter shall be made in advance by the Applicant on or before each October 1, 31 days prior to the start of the water year, at the rate per acre-foot established by the Board for municipal water use in that water year. For the purpose of this water contract, the water year is defined to be from November 1 to October 31 of the following year. If an annual payment as herein provided is not made by due date, written notice thereof, by certified mail, will be given by Northern Water to the Applicant at the following address: P. 0. Box 100, Firestone, CO 80520. Water deliveries shall be suspended as of November 1 of the new water year until payment of the delinquency is made. If payment is not made within ninety (90) days after the date of mailing of said written notice, Applicant shall have no further right, title, or interest under this contract; and the right of use of water as herein made, shall be disposed of at the discretion of the Board of Directors of Northern Water. Any proceeds from any sale of the right of use to another allottee shall be paid to Applicant over and above Northern Water's actual expense in terminating and disposing of the contract right of use. 2 5. This right of use shall be perpetual on an annually renewable basis. If the annual payment is made as provided in this application, the right of use shall be automatically renewed another water year without any further action of Northern Water; if the annual payment is not timely made, as provided above, the right of use shall terminate. 6. Applicant agrees that the water allocation shall be beneficially used for the purposes and in the manner specified herein, and that this right of use is made for the exclusive benefit of the Applicant and shall not inure to the benefit of any successors or assigns of said Applicant without prior specific approval of the Board of Directors of Northern Water. 7. Applicant agrees to be bound by the provisions of the Water Conservancy Act of Colorado; the rules, regulations and policies of the Board of Directors of Northern Water as they may now exist or as they exist in the future; and by the Repayment Contract of July 5, 1938, between Northern Water and the United States and all amendments thereof and supplements thereto. 8. Applicant agrees, as a condition of this contract, to enter into an "Operating Agreement" with Northern Water if and when the Board of Northern Water finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by Northern Water. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard contracts of Northern Water; additional annual monetary consideration for extension of Northern Water delivery services and for additional administration, operation and maintenance costs; or for other costs to Northern Water which may arise through provision of services to the Applicant. Section 3: In the opinion of the Board of Trustees of the Town of Firestone, acquisition of this annually renewable perpetual right of use water contract for the Colorado -Big Thompson Project water from Northern Water and the right to the beneficial use of water thereunder by said Town of Firestone is necessary; the continued acquisition and use of this water supply is essential for the well- being of the community and for the preservation of the public peace, health, and safety; and the adequate protection of the health of the inhabitants of the community. Section 4: The Mayor and Town Clerk are hereby authorized to execute on behalf of Applicant all Application materials and other documents necessary to effect the contract herein specified. Passed and adopted, signed and approved this I O�' day of January, 2018. TOWN OF r I °r a By. - BON Sindgar,. ' 1``����w �►` ATTEST: ,4a oN 0 use 3 0 (SEAL) OUWi ` Leah Vanarsdall, Town Clerk C ORDINANCE NO.920 AN ORDINANCE AMENDING THE FIRESTONE MUNICIPAL CODE REGARDING FILING OF AFFIDAVITS OF INTENT FOR WRITE-IN CANDIDATES AND CANCELLATION OF ELECTIONS WHEREAS, pursuant to C.R.S. Sections 31-10-306 and 31-10-507, the Board of Trustees desires to amend the Firestone Municipal Code to change the deadline for filing affidavits of intent for write-in candidates and to change the date on which the Board may instruct the Town Clerk to cancel a municipal election if certain circumstances exist. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,- COLORADO: Section 1. Section 2.04.250 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are stfieken too 2.04.250 - Write-in votes. No .rite in vote nt Tn al eleet.or. eerlrl 4e.a pufs,.an+ to the Mufc eipalEieeSection 31 10 101, et.4eq., G A c , shall be a r.to.-1 , . ess .. affida-vit of intent has been filed with the ToA% Qer4 by the per -son whose name is Yffitten in p r le twenty days before the .-last of eleetio .ndieat.nn that a ,ah person desires --- office e and ; qualified to ann,,,v,e the duo es of that office ;f elected. No write-in vote cast in any Town municipal election conducted pursuant to the Municipal Election Code, Section 31-10-101, et seq.. C.R.S., or the Uniform Election Code, Section 3'�1 1-1401, et seq., C.R.S., shall be counted unless an affidavit of intent has been filed with the Town Clerk by the person whose name is written in on or before the close of business on the sixty- fourth day before the election indicating that such person desires the office and is qualified to assume the duties of that office if elected. Section 2. Section 2.04.255 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are str-ieker, dffeu.,h): 2.04.255 - Cancellation of election. In any Town municipal election, if the only matter before the voters is the election of persons to office and if, at the close of business on the ninetee sixty- fourth day before the election, there are not more candidates than offices to be filled at such election, including candidates filing affidavits of intent, the Town Clerk, if instructed by resolution of the Board of Trustees either before or after such date, shall cancel the election and by resolution declare the candidates elected. Upon such declaration the candidates shall be deemed elected. Notice of any such cancellation shall be published at least once and shall be posted at each polling place and in not less than one other public place within the Town. 1 Section 3. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 4. ' All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this l3�" day of ,,,�x�. , 2017. ATTEST: Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO 6 t SEAL 10 Y.. �O 0 2 Sorensen, Mayor q Iq I 9mr 14t, vzj ORDINANCE NO. AN EMERGENCY ORDINANCE AMENDING THE FIRESTONE MUNICIPAL CODE TO IMPOSE AN ADDITIONAL TEMPORARY 0.6% SALES AND USE TAX, WITH THE REVENUES THEREFROM TO BE USED FOR FINANCING THE CONSTRUCTION OF THE NEW FIRESTONE POLICE STATION, ASAPPROVED APPROVED BY THE REGISTERED ELECTORS AT THE NOVEMBER 7, 2017 SPECIAL ELECTION WHEREAS, the Town of Firestone (the "Town"), is a Colorado statutory town duly organized and existing under laws of the State of Colorado; and WHEREAS, the members of the Board of Trustees of the Town (the "Board of Trustees") have been duly elected and qualified; and WHEREAS, pursuant to applicable law, including but not limited to Article 2 of Title 29, Colorado Revised Statutes, the Town is authorized to adopt a municipal sales and use tax and has previously adopted upon voter approval a permanent municipal sales tax of three percent and a permanent municipal use tax of two percent, which sales and use tax 'provisions are codified in Chapter'3.08 of the Firestone Municipal Code; and WHEREAS, pursuant to Resolution No. 17-38, the Board of Trustees referred to the voters and the voters approved at the November 7, 2017 election a TABOR ballot issue authorizing the imposition of an additional temporary 0.6% sales and use tax for a period not to exceed twenty-five years for the purpose of financing the construction of the new Firestone Police Station, to include a court facility, a multi -purpose police training/community room, and all necessary land, equipment, furnishings, improvements and incidentals; and WHEREAS, the Board of Trustees desires by this Ordinance to amend Chapter 3.08 of the Firestone Municipal Code to impose, effective on January 1, 2018, the sales and use tax as approved by the voters at the November 7, 2617 election. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 3.08.040 of the Firestone Municipal Code; regarding the sales and use tax levy, is hereby amended to read as follows (words added are underlined; words deleted are stfieken ihfeuh): 3.08.040 Amount of tax: A. There is imposed on all sales -of tangible personal property. at retail or furnishing of services in the town except m provided herein, a tax equal to three percent of the purchase price thereof. For purposes of such tax: 1. All retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his or her agent to a destination outside the limits of Firestone or to a common carrier for delivery to a destination outside the limits of Firestone. The gross receipts from such sales shall include. delivery charges when such charges are subject to the State sales and use tax imposed by Article 26 of Title 39, C.R.S,, regardless of the place to which delivery is made. If a retailer has no permanent place of business in Firestone or has .more than one place of :business, the place at which the retail sales .are consummated for the purpose of a salestax imposed by this Chapter shall be determined by the provisions of Article 26 of Title 39, C.R.S., and by rules and regulations promulgated by the Department of Revenue. 2. The amount subject to tax shall not -include the amount of any sales or use tax imposed by Article.2.6 o:fTitle 39, C.R.S. B. There is imposed a use tax on the use or consumption of any construction and building materials purchased at retail or .for the privilege of storing, using or consuming in Firestone any motor or other vehicles, purchased at retail on which registration is required, of two percent except as otherwise provided herein, but the amount subject to tax shall root include the amount of any sales or use tax imposed by Article 26 of Title 39, C.R.S. C. For the twenty-f ve year period beginning on January 1 .2018, n there is hereby levied, and there shall be collected and P aid,,.an additional sales and use tax of 0.6 percent on the transactions described in subsections A and R of this section. Section Z: Chapter 3.08 of the Firestone Municipal Code is hereby amended by the addition of a new Section 3,08.085 to read as follows: 3.08.08.5 Sales and Use Tax - Police Facilities Capital Improvement Fund. A. There is established a specialfund of the Town to be known as the "Sales and Use Tax = Police Facilities Capital Improvement Fund," hereinafter referred to as "the Fund," The Fund shall be kept separate from the general and other funds of -the Town. There shall be deposited into the Fund such revenues derived_ from the Town sales and use tax as the .Board of Trustees spay determine necessary from .year to year or in any ordinance approving bond's or other obligations payable from the Fund. The Fund shall be used to,provide for police. capital facilities and improvements for the Town, including a new police station, for the payment of debt service on bonds and otherobligations of the Town issued for the purpose of providing police, capital and improvements, and related purposes. 2. B. Amounts deposited to the Fund shall not be available to be pledged or expended for any general municipal purpose. C. Revenues from the temporary 0.6 percent sales and use tax imposed for the twenty-five year period beginning on January 1, 2018 approved by the registered electors of the Town at the November 7, 2017 election shall be used exclusively for the purposes set forth in Ballot Issue 2A for such tax approved by the registered electors at said election. Section 3. The officers and employees of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance. Section 4. All actions heretofore taken (not inconsistent with the provisions of this Ordinance) by the Town, directed towards the election and the objects and purposes herein stated, are hereby ratified, approved and confirmed. Section 5. If any portion of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance. The Board of Trustees hereby declares that it would have passed and approved this Ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 6. The repeal or modification of any .provision of the Municipal Code of the Town of Firestone by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining, any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or Iiability, 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 7. All other ordinances or portions thereof inconsistent or conflicting with.this Ordinance or any portion hereof are hereby .repealed to the extent of such inconsistency or conflict. Section 8. The Board of Trustees herewith finds, determines and declares that this ordinance is necessary for the immediate preservation of the public health, safety and welfare in order to timely effectuate the amendments to the Firestone Municipal Code set forth in this ordinance, so as to commence imposition beginning January 1, 2018 of the sales and use tax approved by the voters at the November 7, 2017 election. Therefore, this ordinance shall take effect immediately upon adoption, provided the same has been adopted and signed by the Mayor and approved by three -fourths of the entire Board of Tnistees. INTRODUCED, READ, ADOPTED, APPROVED AS AN EMERGENCY MEASURE BY A VOTE OF TO , AND ORDERED PUBLISHED IN FULL this tS day of November, 2017. TOWN OF FIRESTONE.,.COLORADO Paul Sorensen; Mayor ATTEST: .... ...• ` v A� Leah Vanarsdall, Town Clerk Election Summary Report Coordinated Election. State of Colorado Novernber 7, 2017 Final Unoff vial Results Last page refresh: 2017/11/09 12:33:25 PM Town of Firestone Ballot .Issue. 2A (Vote for 1) }Candidate Total Yes/For 1761 No/Against 816 •Total Votes 2577 Total ORDINANCE NO.917 AN ORDINANCE APPROVING AN OUTLINE DEVELOPMENT PLAN FOR 19 & 26 CROSSINGS, AN AMENDMENT OF A PORTION OF THE MOUNTAIN VISTAS ODP WHEREAS, by Ordinance No. 692 adopted on May 22, 2 00 8, the Board of Trustees of the Town of Firestone approved an Outline Development Plan ("ODP") for Mountain Vistas, which ODP was recorded with the Weld County Clerk and Recorder on September 9, 2008 at Reception No. 3577172; and WHEREAS, by Resolution No. 08-54 adopted on May 22, 2008, the Board of Trustees approved a final plat for Mountain Vistas, which plat was recorded with the Weld County Clerk and Recorder on September 9, 2008 at Reception No. 3577173; and WHEREAS, the Board of Trustees of the Town of Firestone has received a request for approval of an amended ODP for that portion consisting of Lot 1 of the Mountain Vistas final plat, from Mixed Use (MU) and Residential. Estate (R-A) to Employment Center (EC) and Regional Commercial (RC) land uses; and WHEREAS, on April 20, 2017, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the application, at which the applicant and other interested persons presented testimony to the Commission and at which a number of documents were made a part of the record, and the Commission recommended approval of the application with conditions; and WHEREAS, all materials related to the proposed ODP amendment have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Board of Trustees considered the ODP amendment at a duly noticed public hearing held on October 25, 2017; and WHEREAS, no protests were received by the Town pursuant to C.R.S. § 31-23-305; and WHEREAS, the Board of Trustees finds that the proposed ODP amendment is consistent with the Town's plan for the area and that the applicant has demonstrated that the proposed ODP amendment meets the applicable criteria of the Town's ordinances and Development Regulations; and WHEREAS, the Board of Trustees finds that the proposed ODP amendment should be approved, subject to certain conditions set forth herein. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado hereby approves the proposed Outline Development Plan for 19 & 26 Crossings, an amendment of a portion of the Mountain Vistas ODP, the legal description of which property is set forth in Exhibit A, attached hereto and incorporated herein by reference, subj ect to the conditions set forth on Exhibit B, attached hereto and incorporated herein by reference. The Town zoning map shall be amended accordingly. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 81h day of November, 2017. TOWN SEA o Paul Sorensen, Mayor ATTEST: Leah Vanarsdall Town Clerk 2 . EXHIBIT A Outline Development Plan,19 & 26 Crossings An Amendment of a portion of the Mountain Vistas.ODP Legal Description ODP AND FINAL PLAT ALL OF LOT 1 MOUNTAIN VISTAS FINAL PLAT, RECORDED SEPTEMBER 9, 2008 AS RECEPTION NO. 3577173 OF THE RECORDS OF. WELD COUNTY, LOCATED IN THE NORTHEAST `/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6T11 PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD; STATE OF COLORADO. CONTAINING 1,603,863 SQUARE FEET OR 36.820 ACRES, MORE OR LESS 3 EXHIBIT B Outline Development Plan, 19 & 26 Crossings An Amendment of a portion of the Mountain Vistas ODP Conditions of Approval 1. Revise application materials to address 'comments set forth in the Town Engineer's memorandum dated July 20, 2017, a copy of which is attached hereto as Exhibit B-1. 2. In the Notary Certificate, add the following text after the name of the signor: "as Member of 19 & 26, LLC." 3. Delete the reference to "PUD MU" under the lot and block reference on the map. 4. In the Service Requirements section, water should be by "Town of Firestone" and Sanitary Sewer by "St. Vrain Sanitation District," consistent with the .recorded ODP for Mountain Vistas. 5. The Planning Areas on Sheet 1 are designated using Arabic numerals (1, 2 and 3);.the Planning Areas shown on Sheet 2 are designated using a combination of Arabic and Roman numerals (1, II and III). The amended ODP should use either all Arabic or. all Roman, and be consistent on both sheets. 4 EXHIBIT B-1 Outline Development Plan, 19 & 26 Crossings An Amendment of a portion of the Mountain Vistas ODP P 696, RRAT to,"3� Memo COLORADO CIVIL GROUP, INC. Englnming Cowuhan.6 TO: Mr. Bruce Nickerson, Town Manager FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer. Lindsey Green, Colorado Civil Group, Inc., Town Engineer DATE: July 20, 2017 SUBJECT: 19 & 26 Crossings ODP and Final Plat PROJECT No.: 0668.0279.01 We have completed our review of the 19 & 26 Crossings ODP and Final Plat that was received on June 27, 201=7 and we offer the following comments: General: 1. An FDP, Final Drainage Report, Traffic Impact Analysis Report and Water Service Calculations were also received but not reviewed at the request of the applicant in an email dated July 7, 2017. Submittal Binder: 2. Title Commitment —An updated Title Commitment dated no later than 1 month prior to recording will be required in order to verify the current land owner. ODP: ... 3. (7.4.8 Parcel Boundaries).— There are a few minor errors with the recorded measurements on the ._ Plat sheet, please revise accordingly. 4. -(7..4.9 Utilities) — The ODP needs to list the Town of Firestone as the potable water service provider and St..Vrain-Sanitation District as the sanitary sewer service provider. Subdivision Plat: 5. (12.4.6 Legal Description) — Please provide a lot closure for the outer boundary and Lot 1.. . 5 6. (12.4.13 Utilities, Rights -of -Way, Easements and Dedications) —Since a site specific FDP is not being processed simultaneously, the new utility easements need to be removed from the Final Plat. 7. (12.4.18 Parcel Boundaries) — There are. a few minor errors with the recorded measurements on the Plat sheet, please revise accordingly. 8. General Note — Please add the following note to the Final Plat Notes section: "Prior to the issuance of any building permits, a site specific,FDP will need to be processed and completed in accordance to the current Town criteria." 9. See returned redlines for any additional comments. We will forward these comments to the applicant's enginee.r. Let us know if there is anything else that we can help you with. ORDINANCE NO.91b AN ORDINANCE AMENDING CHAPTER 3.20 OF THE FIRESTONE MUNICIPAL CODE CONCERNING RESIDENTIAL DEVELOPMENT IMPACT FEES AND FUNDS WHEREAS, pursuant to state law, including but not limited to C.R.S. §29-20-101 et sec.., and as a condition of issuance of a development permit, the Town has the authority to impose an impact fee or other similar development charge to fund expenditures by the Town on capital facilities needed to serve new development; and WHEREAS, the Board of Trustees previously adopted Chapter 3.20 of the Firestone Municipal Code to establish impact fees to be paid by new residential development and established provisions for the collection and expenditure of such impact fees; and WHEREAS, Section 3.20.100 of the Firestone Municipal Code requires periodic review of the Town's impact fees to ensure that: (1) the demand and cost assumptions underlying the impact fees are still valid; (2) the resulting impact fees do not exceed the actual costs of constructing capital facilities that are of the type for which the fees are paid and that are required to serve new impact -generating development; (3) the monies collected or to be collected in each impact fee trust account have been paid and are expected to be spent for capital facilities for which the fees were paid; and (4) the capital facilities for which the fees are to be used will benefit the development paying the fees; and WHEREAS, Town staff has undertaken a review of the Town's capital needs and impact fees as required by Section 3.20.100 of the Firestone Municipal Code by reassessing the Town's capital needs, updating cost estimates, and reviewing changes in development projections and impacts for the Town in order to determine the capital facilities needed to serve new development and the proportional costs of such facilities that may be charged to proposed development through impact fees, which review is summarized in the Impact Fee Update Memorandum and Impact Fee Calculations both dated October 4, 2017 (collectively referred to as the 2018 Revised Impact Fee Analysis) and accompanying this Ordinance; and WHEREAS, the Board of Trustees hereby confirms and establishes as Town standards the assumptions and service standards referenced and discussed in the 2018 Revised Impact Fee Analysis as part of the Town's current plans for future construction, improvement and expansion of the Town's capital facilities that are addressed by the impact fee system amended by this Ordinance; and WHEREAS, the Board of Trustees finds the demand and cost assumptions underlying the Town's impact fees, and in particular, revisions to the Town's urban growth boundary, reassessment of the Town's capital needs, and increases in construction costs, warrant revisions to the Town's impact fees as set forth in the 2018 Revised Impact Fee Analysis; and WHEREAS, the Board of Trustees further finds the impact fees, as amended by this Ordinance, do not exceed the actual costs of constructing capital facilities that are of the type for which the fees are paid and that are required to serve new impact -generating development; of the impact fee monies spent since adoption of Chapter 3.20 of the Firestone Municipal Code, such fees have only been spent for capital facilities for which such fees were paid; impact fee monies to be collected in the future are likewise expected to be spent only for capital facilities for which the fees were paid; such capital facilities that have been constructed with impact fee monies have benefited those developments that paid the fees; and future impact fee monies paid will fund capital facilities that will benefit those developments that paid the fees; and WHEREAS, the impact fees charged to new development pursuant to this Ordinance are legislatively adopted, generally applicable to all residential development of new dwelling units, and intended to defray the projected impacts on capital facilities caused by proposed development; and WHEREAS, the impact fees are no greater than necessary to defray the projected impacts directly related to proposed new development; and WHEREAS, this Ordinance creates a system under which impact fees shall not be used to remedy any deficiency in capital facilities existing on the effective date of this Ordinance and under which impact fees paid by new development will be used to finance or defray all or a portion of the costs incurred by the Town to construct, improve or expand capital facilities to serve new development in ways that benefit the development that paid each fee within a reasonable period of time after the fee is paid; and WHEREAS, Chapter 3.20 of the Firestone Municipal Code includes provisions to ensure that no individual landowner is required to provide any site -specific dedication or improvement to meet the same need for capital facilities for which the impact fees are imposed; and WHEREAS, the Board of Trustees by this Ordinance desires to amend Chapter 3.20 of the Firestone Municipal Code to establish new residential development impact fees; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Sections 3.20.0301 and 3.20.030.N. of the Firestone Municipal Code are hereby amended to read as follows (words to be added are underlined; words to be deleted are 3.20.030 Definitions. J. "Impact fee analysis" means the 24P 2018 Impact Fee Calculations and Akmerav ' m-ef Impact Fee Update Memorandum, both prepared by town staff and dated Oetabef 20,2014 October 4, 2017, and all other additional materials prepared in connection with such analysis, memorandum and this chapter. N. Regional • Transportation Network (RTN) and RTN capital facilities. The RTN consists of all existing or planned section line roads, 2 the planned Arbor Street, planned improvements ovemenis to a portion of McClure Avenue, and the planned streets internal to Central Park and is depicted on Exhibit B to the ordinance codified herein, a copy of which is available for inspection at the office of the Town Clerk. RTN capital facilities are defined as all engineering work, design studies, land surveys, alignment studies, permitting work, land costs and construction related to all necessary features for any road on the RTN, undertaken to accommodate additional traffic resulting from new impact -generating development in the Town. Such features that are part of the RTN capital facilities include, but are not limited to: Section 2. Section 3.20.040.C.2. of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are str-ie -eta thfo g ): 3.20.040 Development impact fees imposed. C. Calculation of amount of impact fees. 2. Annual adjustment of fees to reflect effects of inflation. The impact fees shown in the impact fee schedule shall be adjusted annually to reflect the effects of inflation on those costs for capital facilities. Commencing on January 1, 2$�6 2019, and on January 1 of each following year unless and until the fees in Appendix 3A are revised and replaced, each impact fee amount set forth in Appendix 3A shall be adjusted for inflation, based on the annual Construction Cost Index published by Engineering News Record. Such adjustments in the impact fees shall become effective immediately upon calculation by the town and shall not require additional action by the board of trustees to be effective. Section 3. Appendix 3A to Chapter 3.20, Impact Fee Schedule, is hereby repealed and replaced to read as follows: Appendix 3A Impact Fee Schedule Categories and Total Fee for Each Residential Dwelling Unit Impact Fee SF DU MF Density* 2-4 DUs/Acre (Duplexes, Triplexes, Attached Patio Homes) Per Living Unit MF Density* 5-12 DUs/Acre (Townhomes and Higher Density Attached Units) Per Living Unit MF Density* >12 DUs/Acre (Stacked Apartments and Condominiums) Per Living Unit Roadway $3,687.65 $2,581.36 $2,396.97 $2,212.59 Drainage $1,306.50 $914.55 $849.23 $783.90 Regional Parks $3,621.31 $2,534.92 $2,353.85 $2,172.79 Municipal Facilities $1,811.59 $1,268.11 $1,177.53 $1,086.95 Raw Water Irrigation $1,884.40 $1,319.08 $1,224.86 $1,130.64 Total Im act Fee $12,311.45 $8,618.02 $8,002.44 $7,386.87 C * For purposes of this Chapter, multi -family density shall be calculated by dividing the total number of living units in the multi -family development by the total acreage of all developed areas shown on the Final Development Plan for the multi -family development for which the obligation to pay impact fees arises. Developed areas are those areas that are developed in any form and shall include parking lots, sidewalks, building footprints and graded areas, but shall not include undeveloped open space areas that are ungraded, are not landscaped, and have no improvements thereon. Section 4. Exhibit B to Chapter 3.20, Firestone Regional Transportation Network, is hereby replaced in its entirety with Exhibit B attached hereto, Firestone Regional Transportation Network. Section 5. If any portion of this Ordinance is held to be invalid for any reason, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Town Board of Trustees hereby declares that it would have passed this Ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 6. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 7. All other ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 8. This Ordinance and the Impact Fees set forth herein shall take effect on January 1, 2018. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 1 Ith day of October, 20t7. ATTEST: 9,LA &."&d Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor 4 EXHIBIT A 2018 REVISED IMPACT FEE ANALYSIS EXHIBIT A Impact Fee Calculations 2018 Impact Fee Update ASSUMPTIONS • The Firestone Impact Fees are only applied to residential development with distinctions made between single-family and categories of multi -family. The Impact Fees are discounted by the amount attributed to non-residential development. • The allocation of impact fees for multi -family residential development were determined based on recommendations made by THK Associates, Inc. in connection with the prior adoption of Ordinance No. 859. • The 2008 Growth Planning Area will continue to be used for determination of impact fees and is approximately 29 sections (29.3) or 18,750 acres. • The net area which excludes area that will not be either commercially or residentially developed (parks/open spaces, schools, existing development, etc...) is approximately 14,500 acres (approximately 22.61 sections). • One section contains approximately 640 acres. • The net density of the Town at build -out of the 2008 growth boundary will be approximately 3.25 DU's per acre. The result is 2,080 DU's per section. The net density better reflects the ultimate build -out since land -use categories including commercial, parks, and schools will not develop with residential units. The 2011 Growth Planning Area has very similar residential densities. • Residential densities were assumed based on Section 16.0 of Firestone's Development Regulations. Ranges for each category are provided in the Development Regulations, so densities were roughly based on the ranges shown in the Development Regulations. • A density of 2 DU's/acre was assumed for the Residential -Low land -use category. • A density of 5 DU's/acre was assumed for the Residential -Medium land -use category. • A density of 10 DU'slacre was assumed for the Residential -High land -use category. • On average, one dwelling unit will have 2.70 residents. This is calculated as an area weighted average that assumes 3.07 people/DU in low and medium density developments, and assumes 1.5 people/DU for high density development. At build -out of the 2008 Growth Planning Area the Town would have a population of approximately 122,500 and 45,000 DU's. • Net acreage from the 2008 Growth Planning Area shows the ultimate land uses (which deducts parkslopen space, schools, existing development, etc...) in Firestone will break down as follows: Total Commercial = 2,140 Ac. (15%) i. C10F = 1,215 Ac. ii. I/OF = 925 Ac. • Residential = 12,330 Ac. (85%) • The Impact Fee charged to residential development will be 85% of the total calculated fee. The remaining 15% contribution from commercial development can be collected through some combination of property taxes (29% assessment for non-residential versus 8% for residential) and retail sales taxes. ROADWAY IMPACT FEE To ensure the Town's future regional transportation needs are met, all section lines (existing county roads) shall be designated as arterial streets, as well as Arbor Street/Jake Jabs Boulevard located one-half mile east of 1-25. This shall be defined as the Firestone regional transportation network. Firestone Boulevard, Frontier Street, and Locust Street will each be major arterial streets with R.O.W. widths of 120' while the other arterials will be standard arterials with 100' R.O.W. widths. Grant Avenue from Colorado Boulevard to Hart Park and Park Avenue at Central Park will each be modified collector streets with R.O.W. widths of 80'. In addition to the arterial street network, the impact fee will include costs of the interior roadways planned in Central Park, and shall include McClure Avenue between First Street and Colorado Boulevard as a modified collector street. The cost estimates prepared assumed that the entire width of pavement would be constructed. This assumes that the existing 24' (typically) asphalt width on the old county roads is in a condition that is not worth salvaging. To determine the impact of any new DU on the Town's regional transportation network we distribute the cost of half of the arterials that bound a section amongst the estimated number of residential dwelling units in an average section. Rather than calculating that cost for each section independently we have formulated a weighted average of the costs that blends the costs of the major arterials, the standard arterials, the modified collectors and the Central Park streets. This assumption is valid given that a resident will benefit from the entire transportation network and not just the adjacent arterials. Based on the arterial designations mentioned above Firestone will have 15.0 miles of Major Arterial streets and 35.7 miles of Standard Arterial streets. Major Arterial Standard Arterial Grant Ave. Modified Collector Park Ave. Modified Collector School Dr Collector Central Ave. Local Street Length Weighted Average = Cost/Foot Total Length ($/ft) (ft) $1,032.86 79,200 $802.46 188,496. $548.35 3,168 $692.63 5,808 $467.47 2,640 $420.49 3,168 282,480 $854.54 Ift Each section is assumed to be bounded by 4 miles of arterial streets. Each section is responsible for the cost of the half of the street adjacent to them that is equal to 2 miles (10,560 ft) of weighted arterial street costs. That cost is then divided by projected residential density per section (2,080 DU'slsection) and then reduced (to 85%) to discount the non-residential development. Cost of Regional Roadway = [($854.541ft. x 10,560 ft.)12,080 DU's]*85% = $3,687.651DU DRAINAGE IMPACT FEE The South Weld 1-25 Corridor Master Drainage Plan, Sump Basin Master Plan, and drainage improvements west of 1-25 were evaluated in determining the anticipated cost of infrastructure improvements. Since the South Weld 1-25 Corridor Master Drainage Plan was prepared in 2000, the anticipated costs were updated by increasing the infrastructure and design costs by 30% and by assuming $25,OOOlacre for property acquisition. Also, since portions of the Godding Hollow and Tri-Town drainage basins extend south into Frederick, the improvements outside of Firestone's Town limits were excluded in the cost analysis. This fee was calculated in two parts, the first being improvements that are identified in the various basin master plans to be funded over the buildout of the Town and second being the cost of the Godding and Tri-Town Basin Outfall project which will be funded over 10 years. The cost of the improvements is discounted by the current Regional Storm Drainage impact fee fund balance. The impact fee is reduced (to 85%) to discount the non- residential development. Total Cost of Master Planned Improvements = $43,753,075.50 Impact Fee Funds Already Collected = $784,400.00 Net Costs to be Funded = $42,968,675.50 Godding/Tri-Town Project Costs = $2,560,000.00 (10-yr Project) (to be funded in 10-years with projected 2,929 new DU's added from 2013-2022) Improvements to be funded at Buildout Buildout Projects Cost/Section = $40,408,675.50 (Buildout Projects) _ $40,408,675.50/29.3 Sections _ $1,379,135.681section Impact Fee = 10-YR Projects + Buildout Projects _ [(10-YR Costs - 10-YR DU's)+(Buildout Cost/Section - Net Density)]*85% _ $1,306.501DU REGIONAL PARKS Parks projects to be funded with this impact fee include completion of the Sports Complex, completion of Central Park (excluding the internal streets, the raw water irrigation system improvements, and the Town Hall), a regional trail from Mountain Shadows Park to St. Vrain State Park, a pedestrian bridge over the Tri-Town Basin Channel at Mountain Shadows Park, and a pedestrian bridge on the Firestone Trail adjacent to Old Town. These improvements are planned to be completed over the next 70 years. The impact fee is reduced (to 85%) to discount the non- residential development. Cost of Regional Parks Improvements = $59,423,533.00 Regional Parks Funds Already Collected = $0.00 Net Costs to be Funded = $59,423,533.00 DU's added over next 70 years = 13,948 Regional Parks Impact Fee = $59,423,533.001 13,948 DU's)*85% _ $3,621.311DU over 70 years MUNICIPAL FACILITIES IMPACT FEE This impact fee will fund a new Town Hall or Police Station, interim office space, and a 5,000 s.f. shop for Public Works. The improvements will be funded over a 10-yr period. The impact fee is reduced (to 85%) to discount the non-residential development. Estimated Cost of New Facilities Municipal Facilities Funds Already Collected Net Costs to be Funded DU's added over next 10 years Municipal Facilities Impact Fee = $4,445,200.00 = $589,700.00 = $3,855,500.00 = 1,809 = ($3,855,500 / 1,809 DU's)*85% = $1,811.591DU over 10 years RAW WATER IRRIGATION IMPACT FEE This impact fee is established to fund the capital improvements associated with the Raw Water Irrigation System Master Plan adopted by the Town. With this update, the impact fee will be set to fund the currently estimated cost of Phase 1 of the system in a 10 year period. The impact fee is reduced (to 85%) to discount the non-residential development. Cost of the Phase 1 System = $4,203,200.00 Previous Impact Fees Transferred = $192,750.00 Net Costs to be Funded = $4,010,450.00 DU's added over next 10 years = 1,809 Raw Water Irrigation Impact Fee = ($4,010,450 / 1,809 DU's)*85% _ $1,884.401DU over 10 years SUMMARY OF PROPOSED IMPACT FEES Roadway Impact Fee $3,687.65 /DU Drainage Impact Fee $1,306.50 IDU Regional Parks Impact Fee $3,621.31 IDU Municipal Facilities Impact Fee $1,811.59 IDU Raw Water Irrigation Impact Fee $1,884.40 IDU $12,311.45 IDU EXHIBIT B FIRESTONE REGIONAL TRANSPORTATION NETWORK 0 EXHIBIT B FIRESTONE REGIONAL TRANSPORTATION NETWORK _ ROA frrr,! rN dl ! !s ! p SEC. 5 ! SEC. 9 doe -��♦ N SEC 20 SEC. 21 SEC. 22 SEC 29 SEC_ 28 SEC. 27 00000 r ! SEC. 31 SEC. 32 ! SEC, 33 SEC. 34 ! SEC. 3 _ SEC. 2 SEC_ 1 SEC 5 SEC. 5 SEC _ 4 SEC_ 3 241/2 ��� r r r FIRESTONE BLVD FlRESTONE BLVD al 4rn z !SEC. S1 SEC. 12 SEC. SEC.B SEC SEC. 10 r r 1 r ! I ,SAME AVE rr �rrrrrr r—rrw------ �i III VI ! ROAD 22 laEC 14 SEC. 13 SEC_ 19 sec. n ! sea 1s ! ROAD p_ ! _ C r PME CONE AVE ! PINE Cf , LEGEND ; ! FIRESTONE GROWTH BOUNDARY SEC.19 SEC.20 ! sEC.21 � r>_ 1111 MAJOR ARTERIAL r ! ! *-------- STANDARD ARTERIAL ROAD 1S GRANT AVj ! OR! I I I I I I I I I COLLECTOR/MODIFIED COLLECTOR ; 0 1 2 LOCAL t 1 1 1 - McCtum AV I I I n SE.n SEC 29 SEC 28 scale 1" = 1 MILE miles z uc SEC. 15 m A FFIDA VI T OF P UBLI CA TI ON State of Colorado County of Boulder I, the undersigned agent, do solemnly swear that the LONGMONT TIMES -CALL is a daily newspaper printed, in whole or in part, and published in the City of Longmont, County of Boulder, State of Colorado, and which has general circulation therein and in parts of Boulder and Weld counties; that said newspaper has been continuously and uninterruptedly published for a period of more than six months next prior to the first publication of the annexed legal notice of advertisement, that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879' or any, amendments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado; that a copy of each number of said newspaper, in which said notice of advertisement was published, was - transmitted by mail or carrier to each of the subscribers=of said newspaper, according to the accustomed mode of business in this office. The annexed legal notice or advertisement was published in the regular and entire edition of said daily newspaper once; and that one publication of said notice was in the issue of said newspaper dated October 14, 2017. Agent Subscribed and sworn to before me this V� da of y October, 2017 in the County of Boulder, State of Colorado. sk"COAAA) 0 0 Notary Public Account # 1051150 Ad # 1375477 Fee $219.52 SHAYLA NAJERA NOTARY PUBLIC STATE OP COLORADO !VOTARY ID 20174031965 MYCOMMISSION EXPIRESJULY 31, 2021 AN ORDINANCE AMENDING CHAPTER 3.20 OF THE FIRESTONE MUNICIPAL CODE CONCERNING RESIDENTIAL DEVELOPMENT IMPACT FEES AND FUNDS WHEREAS, pursuant to state law, including but not limited to C.R.S. §29-20-101 din, and as a condition of issuance at a development permit, the Town has the authority to impose an impact fee or other similar development charge to fund expenditures by the Town an capital facilities needed to serve new development; and WHEREAS, the Board of Trustees previously adopted Chapter 3.20 of the Firestone Municipal Code to establish impact fees to be paid by new residential development and established provisions for the collection and expenditure of such impact tees; and WHEREAS, Section 3.20.100 of the Firestone Municipal Cade requires periodic review of the Town's impact fees to ensure that: (1) the demand and cost assumptions underlying the impact fees are still.valid; (2) the resulting impact fees do not exceed the actual costs of constructing capital facilities that are of the type for which the fees are paid and that are required to serve new impact -generating development; (3) the monies collected or to be collected in each impact fee trust account have been paid and are expected to be spent for capital facilities for which the fees were paid; and (4) the capital. facilities for which the fees are to be used will benefit the development paying the tees; and WHEREAS, Town staff has undertaken a review of the Town's capital needs and impact fees as required by Section 3.20.100 of the Firestone Municipal Code by reassessing the Town's capital needs, updating cast estimates, and reviewing changes in development projections and impacts for the Town in order to determine the capital facilities needed to serve new development and the proportional costs of such facilities that may be charged to proposed development through impact fees, which review is summarized in the Impact Fee Update Memorandum and. Impact Fee Calculations both dated October 4, 2017 (collectively referred to as the 2018 Revised Impact Fee Analysis) and accompanying this Ordinance; and WHEREAS, the Board of Trustees hereby confirms and establishes as Town standards the assumptions and service standards referenced and discussed in the 2018 Revised Impact fee Analysis as part of the Town's current plans for future construction, improvement and expansion of the Town's capital facilities that are addressed by the impact fee system amended by this Ordinance; and WHEREAS, the Beard of Trustees finds the demand and cost assumptions underlying the Town's impact tees, and in particular, revisions to the Town's urban growth boundary, reassessment of the Town's capital needs, and increases in construction costs, warrant revisions to the Towrl impact fees as set forth in the 2018 Revised Impact Fee Analysis; and - WHEREAS, the Board of Trustees further finds the Impact fees, as amended by this Ordinance, do not exceed the actual costs of constructing capital facilities that are of the type for which the fees are paid and that are required to serve new impact -generating development; of the impact fee monies spent since adoption of Chapter 3.20 of the Firestone Municipal Code, such fees have only been spent for capital facilities for which such fees were paid; impact fee monies to he collected in the future are likewise expected to be spent only for capital facilities for which the fees were paid; such capital facilities that have been constructed with impact fee monies have benefited those developments that paid the fees; and future impact fee monies paid will fund capital facilities that will bemfit those developments that paid the tees; and WHEREAS, the, impact fees charged to new development pursuant to this Ordinance are legislatively adopted, generally applicable to all residential development of new dwelling units, and intended to defray the projected impacts on capital facilities caused by proposed development; and WHEREAS, the impact fees are no greater than necessary to defray the projected impacts directly related to proposed new development; and . WHEREAS, this Ordinance creates a system under which impact fees shall not be used to remedy any deficiency In capital facilities existing on the effective date of this Ordinance and under which .impact fees paid by new development will be used to finance or defray all or a portion of the costs incurred by the Town to construct, improve or expand capital facilities to serve new development in ways that benefit the development that paid each fee within a reasonable period of time after the fee is paid; and WHEREAS, Chapter 3.20 of the Firestone Municipal Code Includes provisions to ensure that no individual landowner is required to provide any site -specific dedication or improvement to meet the same need for capita, facilities for which the impact fees are imposed; and WHEREAS, the Board of Trustees by this Ordinance desires to amend Chapter 3.20 of the Firestone Municipal Code to establish new residential develdpment impact fees; NOW, ,THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Sections 3.20.030.J. and 3.20.030.N. of the Firestone Municipal Code are hereby amended to read as follows (words to be added are underlined, words to be deleted -are stfiekenthrough): 3.20.0313 Definitions, J. "impact fee analysis" means the 29N 2018 Impact Fee Calculations and Menrermrdutn of Impact Fee Update Memorandum, both prepared by town staff and dated Geiahaf 20, 2914 October 4, 2017, and all other additional materials prepared in connection with such analysis, memorandum and this chapter. N. Regional Transportation Network (RTN) and RTN capital facilities. The RTiN consists of all existing or planned section line roads, the planned Arbor Street lanned improvements to a portion of McClure Avenue. and the planned streets internal to Central Park and is depicted on, Exhibit B to the ordinance codified,herein, a copy of which is available for inspection at the office' of the Town Clerk, RTN capital facilities are defined as all engineering work, design studies; land' surveys, alignment studies, permitting work, land costs and construction related to all necessary features for any road on the RTN, undertaken to accommodate additional traffic resulting from . new impact -generating development in the.Town. Such features that are part of the RTN capital facilities include, but are not limited to: , Section 2. Section 3.20.040.C.2. of the Firestone Municipal Code is hereby amended to read as follows (words to be added are nderlined; wards to be deleted are sir eken through): 3.20.040 Development impact fees imposed. C. Calculation of amount of impact fees. 2. Annual adjustment of tees to reflect effects of inflation. The impact fees shown in the impact fee schedule shall be adjusted annually.to reflect the effects of inflation on those costs for capital facilities. Commencing on January 1, 2946 2019, and on January 1 of each following year unless and until the fees in Appendix 3A are revised and replaced, each impact fee amount set forth in Appendix 3A shalt be adjusted for inflation, based on the annual Construction Cost Index published by Engineering News Record. Such adjustments in the impact fees shall become effective immediately upon calculation by the town and shall not require additional action by the board of trustees to be effective. Section . Appendix 3A to Chapter 3.20, Impact Fee schedule, is hereby repealed and replaced to read as follows:' Appendix3A Impact Fee Schedule Categories and Total Fee for Each Residential Dwelling Unit Impact Fee SF DU MF Density` MF Density' MF Density" 2.4 DUslAcre, 5.12 DUslAcre >12 DUslAcre (Ouplexes, Triplexes, (Townhomes and (Stacked Apartments Attached Patin Homes! Higher Density and Condominiums) : Per Living Unit Attached Units) Per Living Unit Per Living Unit Roadway $3,687.65 $2,581.36 $2,396.97, $2,212.59 Drainage $1,306.50 $914,55 $849.23 $7B3.9D Regional Parks $3,621.31 $2,534.92 $2,353.85 $2,172.79 Municipal Facilities- $1,811.59 $1,268.11 $1,177.53 $1,086.95 Raw Water Irrigation $1,884.40 $1,319.08 $1,224.86 $1,130.64 Total Impact Fee . $12,311.45 $8,618.02 $8,002.44 $7,386.87 For purposes of this Chapter, multi -family density shall be calculated by dividing the total number of living units in the multi -family development by the total acreage of all devaloped areas shown on the Final Development Plan for the multi -family development for which the obligation to pay impact fees arises. Developed areas are those areas that are developed in any form and shall include parking lots, sidewalks, building footprints and graded areas, but shall not include undeveloped open space areas that are ungraded, are not landscaped, and have no improvements thereon. Section 4. Exhibit B to Chapter 3.20, Firestone Regional Transportation Network, is hereby replaced in its entirety with Exhibit B attached hereto, Firestone Regional Transportation Network. Section 5. If any portion of this Ordinance is held to be invalid for any reason, such decisions shall not affect the validity of the remaining portions of this Ordinance The Town Board of Trustees hereby declares that it would have passed this Ordinance and each part,hereot irrespective of the fact that any one part he declared invalid. Section 6. The repea or modification of any provision of the Municipal Code of the Town of Firestone by this Ordinance shali not release, extinguish, after, 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 7. All other ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 8. This Ordinance and the Impact Fees set forth herein shall take effect on January 1, 2018. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 11th day of October, 2017. TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor ATTEST: Leah Vanarsdall, Town Clerk EXHIBIT A 201E REVISED IMPACT FEE ANALYSIS EXHIBIT B FIRESTONE REGID14AL TRANSPORTATION NETWORK nths ue -@ sign ng + tae- No security deposit req w "a I, ORDINANCE NO.915 AN ORDINANCE AMENDING THE FIRESTONE MUNICIPAL CODE TO UPDATE CERTAIN DEPARTMENTAL REFERENCES WITHIN THE ORGANIZATIONAL STRUCTURE OF THE TOWN WHEREAS, the Board of Trustees by Resolution No. 17-34 adopted an updated organizational chart to reflect the organization of various departments of the Town; and WHEREAS, in connection therewith, the Board of Trustees finds it is appropriate to update certain departmental references within the'Firestone Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection A of Section 3.24.080 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are 3.24.080 - Existing tax revenue sources unaffected. A. It is an overriding consideration and determination of the Board of Trustees that existing sources of Town sales tax and fee revenues shall not be used, impaired or otherwise affected by the BAP. Therefore, it is conclusively determined that only enhanced sales taxes and fees generated by the properties or businesses described in an approved BAP application shall be subject to division properties or businesses described in an approved BAP application shall be subject to division under the BAP. It shall be the affirmative duty of the Town's erat Serviees or his or her designee treasurer to collect and hold such enhanced sales taxes and fees to be shared in a separate account apart from the sales taxes and fees generated by and collected from other sources in the Town and to provide an accounting system which accomplishes the overriding purpose of this Chapter. It is conclusively stated by the Board of Trustees that this Chapter would not be adopted or implemented but for the provision of this Section. Section 2. Subsection A of Section 13.11.020 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are 13.11.020 - Definitions. A. "Director" means the director of eerperute ser-viees- community resources of the town or such person's designee. Section 3. Section 13.24.160 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are sly): 1 13.24.160 - Payment schedule. Unless otherwise specifically provided herein, payment of the franchise fee accruing after the effective date of this Agreement shall be made in monthly installments not more than twenty days following the close of the month for which payment is to be made for the franchise fees resulting from the sale of electricity. Initial and final payments shall be prorated for the portions of the months at the beginning and end of the term of this Agreement. All payments shall be made to the Town to the attention of the finance department in Sen,iees of his of her- designee. All payments shall be accompanied by an accounting detailing how the payment amount was calculated, which accounting shall include a statement of those amounts of money that United Power billed for the sale of electricity to residents within the Town; and showing the net taxable amount and the franchise fees billed. Section 4. If any portion. of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section S. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 11'n day of October, 2017. •� TOWN mi SEAL 10 ATTEST: ��CiNr J �0 Y, Gp 1, Leah Vanarsdall, Town Clerk 2 TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor ORDINANCE NO. 915 AN ORDINANCE AMENDING THE FIRESTONE MUNICIPAL CODE TO UPDATE CERTAIN DEPARTMENTAL REFERENCES WITHIN THE OR- GANIZATIONAL STRUCTURE OF THE TOWN WHEREAS the Board of Trustees by Resolution No. 17-34 adopted an updated organizational chart to reflect the organization of various departments of the Town; and WHEREAS, in connection therewith, the Board of Trustees finds it is appropriate to update certain departmental references within the Firestone Municipal Code. NOW, THEREFORE, BE T ORDAINED BY THE BOARD OF TRUST- EES OF THE TOWN OF FIRESTONE, COLORADO: section 1. Subsection A of Section 3.24.080 of the Fire- stone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are stricken through): 324.090 - Efmting tax revenue sources unaffected. A. it is an overriding consideration and determination of the Board of Trustees that existing sources of Town sales tax and fee revenues shall not be used, impaired or otherwise affected by the BAP. Therefore, It is conclusively determined that only enhanced sales taxes and fees generated by the properties or businesses described in an approved RAP application shall be subject to division properties or businesses described in an approved BAP apDRCatlon shall be subject to division under collect and hold such enhanced sales taxes an shared in a separate account apart from the sal fees generated by and collected from other so Town and to provide an accounting system which es the overridina Duroose of this Chanter. It Is cipai code is hereby amended to read as follows (words to be d are underlined; words to be deleted are stricken through). 13.11.026 - Definitions A. "Director" means the director of corporate -services -com- ..t resources.. of the town or such oerson's designee. Section 3. Section 13.24.16 of the Firestone Municipal Is hereby amended to read as follows {words to be added are dined; words to be de4ted are stflekenthrer,gh }: 13.M.160 - Payment schedule. Unless otherwise specifically provided herein, payment of the franchise fee accruing after the effective date of this Agreement shall be made in monthly installments not more than twenty days following the close of the month for which oavment is to be made far the franchise fees resultina from how the payment amount was calculated, whlcn accounting shall include a statement of those amounts of money that United Power billed for the sale of electricity to residents with in the Town; and showing the net taxable amount and the franchise fees billed. Section 4. If any portion of this ordinance €s held to be in- valid for any reason, such decision shalt not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared In- valid. sect[" S. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or In part any penalty, forfeiture. or liability, either civil or criminal. which shalt have been incurred under such provision, and each provision shall be treated and held as still remaining in farce for the purpose of sustaining any and all proper actions. suits, proceedings. and grosecutionS for the enforcement of the penalty, forfeiture, or lia- ility, as well as for the purpose of sustaining any judgment, de- cree, or order which can or may be rendered, entered, or made In such actions, suits, proceedings, or prosecutions. Section 6, All other ordinances or portions thereof incon- sistent or conflicting with this ordinance or any portion hereof, are hereby repea€ed to tha extent of such inconsistency or conflict INTRODUCED, READ, ADOPTED APPROVED, AND ORDERED PUB- LISHED IN FULL this iAt day of Qcjober, 2017. TOWN OF FIRE5TONE, COLORADO Paul Sorensen, Mayor ATTEST: Leah anars a , own er Published: Longmont Times -Call October 14, 2017 - 1375475 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Boulder State of Colorado The undersigned, Terry Love being first duly sworn under oath, states and affirms as follows; 1. He/she Is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Longmont Times Call. 2. The Longmont Times Call is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks in Boulder County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 24-70.103. 3. The notice that is attached hereto is a true copy, published in the Longmont Times Cali in Boulder County on the following date(s): Oct 14, 2017 _V Signature Su bsd and this �. Public SHAYLA NAJERA NOTARY PUBLIC STATE OF COLORADO (SEAL) NOTARY ID 20174031965 MY COMMISSION EXPIRES JULY 31, 2021 Account: 1051150 Ad Number: 1375475 Fee: $86.71 U ORDINANCE NO.914 AN EMERGENCY ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF THE TOWN OF FIRESTONE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2017, THE QUESTION OF WHETHER THE TOWN SHALL BE AUTHORIZED TO PUBLISH ORDINANCES BY TITLE ONLY RATHER THAN PUBLISHING THEM IN FULL THEREBY SUBSTANTIALLY REDUCING THE COST OF PUBLICATION WHEREAS, pursuant to a resolution adopted by the Board of Trustees, the Town will hold a special election on November 7, 2017, as a coordinated election pursuant to the Uniform Election Code of 1992, as amended; and WHEREAS, such special election was not called for the sole purpose of determining the issue of whether the Town should publish ordinances by title only, rather than publishing them in full; and WHEREAS, the Town Board of Trustees is of the opinion that it should refer ,to the voters at the November 7, 2017 election a ballot question concerning the issue of whether the Town should publish ordinances by title only, rather than publishing them in full; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection 2.14.010(A) of the Firestone Municipal Code is hereby amended to read as follows, and accordingly subsections B N are hereby re -lettered subsections C-0 (words added are underlined; words deleted are strieken th%ugh): 2.14.010 - Duties and responsibilities. The Town Clerk shall: A. Cause the ordinances of the Town to be published following adoption, which publication shall be by only rather than by publishing in full, and which publication shall include a statement that the complete text of the ordinance is available at Town Hall and on the Town's official website; provided, however, that the inadvertent failure to include such statement as well as any unavailability of the of the ordinance on the Town's official website shall not be deemed to invalidate the ordinance; B. i&perintend their publication, recording and placement in the permanent records of the Town, along with resolutions; and examine the publication proof sheets and compare them with the original rolls; Section 2. Section 1 of this Ordinance shall not take effect unless and until a majority of the registered voters voting at the special municipal election on November 7, 2017 vote "yes" in response to the following ballot title, which title is hereby set and referred to the ballot at said election: BALLOT QUESTION NO. SHALL THE TOWN OF FIRESTONE PUBLISH ORDINANCES BY TITLE ONLY RATHER THAN PUBLISHING ORDINANCES IN FULL THEREBY SUBSTANTIALLY REDUCING THE COST OF PUBLICATION? YES NO Section 3. If a majority of all the votes cast at the election on the question submitted shall be for the question, the question shall be deemed to have passed and shall be effective upon passage. Section 4. The number/letter designations of the ballot title herein referred shall be as finally determined by the election officials in accordance with Iaw. Section S. The officers and employees of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of.this Ordinance and the conduct of the November 7, 2017 election. Section 6. The Board of Trustees may submit additional ballot issues or other measures to appear on the ballot of the election by the adoption of appropriate resolutions or ordinances as required by law. Section 7. All actions heretofore taken (not inconsistent with the provisions of this Ordinance) by the Town, directed towards the election and the objects and purposes herein stated, are hereby ratified, approved and confirmed. Section 8. If any portion of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council and the registered voters of the City hereby declare that they would have passed and approved this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 9. All other ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 10. The Board of Trustees herewith finds, determines, and declares that this Ordinance is necessary to the immediate preservation of public property, health, welfare, peace, or safety because the Board of Trustees desires to submit the foregoing ballot issue to the registered electors of the Town at the special election on November 7, 2017, and there are several immediate deadlines related to the conduct of said election that must be met. Therefore, pursuant to C.R.S. § 2 31-16-105, the Board of Trustees herewith further finds, determines and declares that it is necessary for this Ordinance to take effect immediately upon adoption. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 23`a day of Auk, 2017. TOWN OF FIRESTONE, COLORADO "TOWN g 10 Bobbi Sindelar, Mayor Pro Tem ATTEST: mBEALL�= Q f ° '••� 0 Leah Vanarsdall, Town Clerk ORDINANCE NO.91.3 AN ORDINANCE ADOPTING THE FIRESTONE MUNICIPAL WATER CREDIT BIDDING RULES AND PROCEDURES, APPROVING THE FORMS OF A WATER CREDIT PURCHASE AGREEMENT AND ASSOCIATED DOCUMENTS FOR ADMINISTRATION OF THE MUNICIPAL WATER CREDIT BIDDING PROGRAM, AND AUTHORIZING EXECUTION OF AGREEMENTS CONSISTENT WITH THE FORM AGREEMENT WHEREAS, Sections 1.08.050 and 13.08.010 of the Firestone Municipal Code ("FMC") set forth requirements for the dedication of water rights to the Town for water service for residential, commercial and industrial developments and irrigation of irrigated landscape areas; and WHEREAS, to satisfy the water dedication requirements of the FMC, a landowner may bid on, purchase from and dedicate to the Town certain Water Credits ("Water Credits"), which may be used to satisfy the water rights dedication requirement required by such sections of the FMC; and WHEREAS, pursuant to Section 1.08.050 of the FMC, the Water Credits allowed to be credited to such dedication requirements are derived from certain Windy Gap units which have been leased by the Town, to be made available for purchase from the Town pursuant to the Firestone Municipal Water Credit Bidding Rules and Procedures ("Rules and Procedures") adopted by ordinance of the Board of Trustees; and WHEREAS, the Board of Trustees desires by this ordinance to adopt the Rules and Procedures for the Municipal Water Credit Bidding Program; and WHEREAS, pursuant to the Rules and Procedures, any successful bidder must enter into a Water Credit Purchase Agreement with the Town; and WHEREAS, the Board of Trustees further desires by this ordinance to approve the form of the Water Credit Purchase Agreement and associated documents for administration of the Municipal Water Credit Bidding Program; and WHEREAS, the Board of Trustees further desires to authorize the execution of agreements consistent with such form, and to authorize the Mayor, Town Manager, and Town staff to negotiate and approve non -substantive changes to the Water Credit Purchase Agreement form to achieve such execution. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby adopts the attached "Firestone Municipal Water Credit Bidding Rules and Procedures." 1 Section 2. The Board of Trustees hereby approves the Water Credit Purchase Agreement Form which is attached to and a part of the Firestone Municipal Water Credit Bidding Rules and Procedures. All successful bidders in the Municipal Water Credit Bidding Program shall be required to execute a separate Water Credit Purchase Agreement, Section 3. The Board of Trustees hereby authorizes the Mayor and Town Clerk to execute proposed Water Credit Purchase Agreements in accordance with Firestone Municipal Code and the Firestone Municipal Water Credit Bidding Rules and Procedures, provided such proposed Agreements are consistent with the form approved by this ordinance; provided, however that the Mayor, the Town Manager and Town staff are further authorized to negotiate and approve non -substantive changes to the Water Credit Purchase Agreement form to achieve such execution, provided the basic terms and conditions of such form are not altered. In addition to the foregoing, any proposed Agreement may be submitted to the Board of Trustees for its consideration and action by Board resolution. Section 4. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this ) 6 day of 4 4A, 2017. ATTEST: SToNcc ir'r TD W N J SEAL tQ 4 f Q- �••........+ �� �O anarsdall, Town TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor 2 FIRESTONE MUNICIPAL WATER CREDIT BIDDING RULES AND PROCEDURES 1. Purpose. The Firestone Windy Gap Water Credit Bidding Rules and Procedures ("Rules and Procedures"), allow prospective Bidders to bid on and purchase Windy Gap Water Credits ("Water Credits") which can be used to satisfy the water rights dedication requirement required by the Firestone Municipal Code Sections 1.08,050 and 13.08.010. These Rules and Procedures are also intended to assist Bidders in understanding the bidding and purchasing process. All successful bidders will be bound by the terms of a separate Water Credit Purchase Agreement in the form of Attachment A. In an effort to improve the administration and success of the bidding and purchase process, these Rules and Procedures may be periodically amended and/or supplemented. 2. Definitions. The following definitions and principles are used in formulating and describing the Rules and Procedures involved in the Water Credit bidding and purchasing process. Bid — A Bid shall be the act of submitting a Proposal Form and Acknowledgement by a qualified Bidder with all requisite information necessary to discern the number of Water Credits a Bidder requests at the specified Bid Price for which the Bidder intends to pay for the Water Credits. Bidder — A person or entity that meets the requirements for a Bidder as described in Paragraph 4 of these Rules and Procedures. Bid Price — A Bid Price shall be the amount per Water Credit a qualified Bidder proposes to pay to purchase the Water Credits for which it Bid, which shall not be below the Minimum Bid Price. Dedication — Dedication shall mean the act of conveying those Water Credits a Bidder purchases from the Town to fulfill Dedication Requirement found in the Firestone Municipal Code or any other requirements to convey "water rights" or "shares" to the Town of Firestone (also "Town" or "Firestone") as described in an Annexation Agreement or other agreement with the Town. Dedication Requirement — The Dedication Requirement shal I mean the requirements to dedicate water rights as described in Section 1.08.050 and 13.08,010 of the Firestone Municipal Code for the right to annex certain lands into the Town of Firestone and receive final approval of a Plat, Final Development Plan, Final Subdivision, and/or Building Permit, as described in the Firestone Municipal Code, from the Town of Firestone. Water Credit -- A Water Credit shall be considered a "water right" and/or "share" for purposes of the Firestone Municipal Code and all applicable agreements with the Town of Firestone. A Water Credit shall be equivalent to one (1) acre-foot of water and shall meet the requirements for water dedicated pursuant to the Dedication Requirement. 3. Notification Process Notification of information pertaining to ongoing Water Credit bidding shall be posted on Firestone's website (firestoneco.gov), and may be sent directly to Bidders e-mail addresses if the Bidder registers for such notifications by e-mailing Firestone's project e-mail address (waterbidQa firestoneco.goy) and specifying the Bidder's name and e-mail address. 4. Bidder Requirements A Bidder must meet the following criteria in order to be eligible to place a bid. Competenc-Ylldentity. The Bidder shall be thoroughly competent and capable of entering into a Water Credit Purchase Agreement for any and all Water Credits awarded during a Water Credit bidding period. Bidder may be required to provide Firestone with Bidder's timeline and plan of development, evidence of its financial condition and resources, and any other information as may be necessary to show a Bidder's competency and intent for the use of the Water Credits. A Bidder will be limited to one Bid for the Bidding Period. For purposes of this requirement, any Bidders under common ownership or control shall be deemed one Bidder and all such entities under common ownership or control may submit only one bid in total. "Common ownership or control" means that more than 50% of the beneficial interests in or more than 50% of governance control of such entities is held or exercised by common persons or entities. Ability to Use. The Bidder must be a party to an Annexation Agreement with the Town, a successor in interest to an Annexation Agreement (deemed as "Owner" under applicable Annexation Agreement) or must otherwise become such Owner of property which is annexed into the Town as of the date of submission of Bidder's bid.' A Bidder shall be a "subdivider" as that term is defined in Section 16.04.020 of the Firestone Municipal Code. ' If the Bidder is not the then current owner of the property, and the property is not yet included in the Municipal Subdistrict of the Northern Colorado Water Conservancy District, the Bidder will required to obtain any necessary approvals from the then current landowner to include the lands in the Municipal Subdistrict of the Northern Colorado Water Conservancy District. 5. Procedure for Water Credit Bidding, Each Bid must be submitted on a Proposal Form (Attachment B) with the number of Water Credits being bid upon, the Bidder's corresponding Bid Price, and the name and address of the Bidder. Number Water Credits — A valid Bid must include the number of Water Credits which the Bidder wishes to receive. A valid Bid must include a Bid to purchase at least twenty (20) Water Credits at or above the Minimum Bid Price, The Bidder must indicate on the Proposal Form whether it will accept less than the full number of Water Credits requested in its Bid, or whether the Bid shall only be valid if successful for the full number of credits, but nothing shall allow a Bidder to have a successful Bid of less than twenty (20) Water Credits. Minimum Bid Price — The Minimum Bid Price for a Water Credit shall be $35,000,00. Proposal Form — The Bid shall be submitted to Firestone at the Firestone Town Hall, located at 151 Grant Avenue, Firestone, CO 80520, on the Proposal Form included as Attachment B (no electronic submittals). The Proposal Form shall be completed in the manner indicated, using blue or black ink, and must be signed by the Bidder. Bidder shall be obligated to purchase all Water Credits designated as having a "successful bid." The completed Proposal Form must be placed into an envelope, the envelope sealed, and labeled: "Firestone Municipal Water Credit Bid — Confidential, Attention: Julie Pasillas," The sealed envelope must identify the name of the Bidder. Bidders will be limited to one Bid for the Bidding Period. Acknowledgement — Each envelope containing a Proposal Form shall also include a signed Acknowledgement in the form included as Attachment C to these Rules and Procedures. Bidding Period — The Town will accept Proposal Forms from qualified Bidders beginning on August 14, 2017, The Bidding Period will close at 12:00 p.m. (Noon) Mountain Time (the Town's clock) on October 2, 2017, and no further Proposal Forms will be accepted. Envelopes containing Proposal Forms and requisite information shall be delivered to the Firestone Town Hall, located at 151 Grant Avenue, Firestone, CO 80520, and time stamped upon receipt. Envelopes containing Proposal Forms shall remain sealed until the Bidding Period has closed. No electronic submittals will be accepted, Determination of Successful Bids. Sealed bids will be opened on October 2, 2017. Bids will be opened in the order in which they were received. If no tiebreaker is necessary, the Town's staff will create a preliminary tabulation successful bids based on the Bidder or Bidders submitting the highest price per Water Credit Bid. In some instances, the number of Water Credits available might not satisfy the lowest successful Bidder. In the event the lowest successful Bidder did not elect to take less than then the full number of Water Credits requested in its Bid, the remaining Water Credits will be awarded to the next highest bid of either: 1) the next highest Bidder for which the Water Credits will fulfill the requested number of Water Credits, or 2) the next highest Bidder that elected to take less than its full requested amount. Tie -breaking Bids — In the event two or more Bidders make a Bid at the same price per Water Credit, and there are not sufficient Water Credits to fulfill each Bidder's requested number of Water Credits after awarding Water Credits to Bidders making higher price per Water Credit Bids, the tied Bidders shall have an opportunity to submit a second sealed Bid in which each Bidder may raise its initial price per Water Credit Bid. Tie - breaking Bids must be submitted by 5:00 p.m. Mountain Time (the Town's clock) on the day following the day in which the tied Bidders were notified of the tying bid situation. The Water Credits shall be awarded to the highest price per Water Credit Bid or Bids received through the tie -breaking procedure. Notification of Successful Bid — Notification shall be sent by e-mail or by other means as requested by Bidder, no less than five days following final determination of all successful Bidders. Excess Water Credits — In the event less than all of the Water Credits are awarded due to less than a full twenty credits remaining after the lowest successful Bidder receives their Water Credits, the excess Water Credits shall be offered to successful Bidders on a first come, first served basis at the lowest successful Bid Price of the Bidding Period. 6. Water Credit Purchase Agreement. Each successful Bidder shall enter into a Water Credit Purchase Agreement with the Town in the form of Attachment A within 90 days of notification that their bid was successful. Failure to enter into a Water Credit Purchase Agreement with the Town within 90 days shall have the effect of voiding any successful Bid, and the Water Credits shall be offered to previously unsuccessful Bidders who submitted the next highest Bids. 7. Dedication. Dedication of the Water Credits shall take place as described in the Water Credit Purchase Agreement signed with each successful Bidder. The Dedication of Water Credits shall be considered as a dedication of water rights to the Town and shall be in lieu of C-BT units, other water rights, shares, or cash -in -lieu as contemplated by the Firestone Municipal Code, for the amount of the dedication addressed in the Water Credit Purchase Agreement. S. Transferability. Water Credits acquired by a Bidder are non -transferable. If unforeseen circumstances occur that result in the Bidder not needing all, or a portion, of the Water Credits a Bidder acquired, the Water Credits must be re -assigned to the Town. The Town shall have the sole right to re -sell any Water Credits re -assigned to the Town. If Water Credits are re -assigned to the Town and subsequently re -sold before their expiration, the associated proceeds will be reimbursed to the original Bidder up to the amount Bidder paid for such credits. 9. Expiration, The Water Credits shall expire if not dedicated to the Town within two years of the effective date of the Bidder's .Water Credit Purchase Agreement with the Town. If a Bidder's Water Credit expires, the Bidder shall not be entitled to any relief or monetary compensation and shall forfeit all right to dedicate the Water Credit to Town as consideration for the acquisition of a water tap. EXHIBIT A WATER CREDIT PURCHASE AGREEMENT This Water Credit Purchase Agreement ("Agreement"), made and entered into this _ day of , 20_ ("Effective Date"), by and between the Town of Firestone ("Firestone") and ("Buyer"); RECITALS WHEREAS, the Firestone Municipal Code ("Code") requires land developers to agree to dedicate a certain amount of "water rights" and/or. "shares" before annexing new land into Firestone; and WHEREAS, pursuant to the Code, a land developer must actually dedicate "water rights" and/or "shares" in payment of water connection charges and before recording a plat or final subdivision and/or final development and/or before receiving a building permit or water connection to the Town water system; and WHEREAS, Buyer is a "subdivider" as that term is defined in Section 16.04.020 of the Code who has agreed to dedicate "water rights" and/or "shares" to Firestone pursuant to an Annexation Agreement dated (`•`Annexation Agreement"), and who must actually dedicate those "water rights" and/or."shares" prior to the first of recording of a final plat, final subdivision or final development plan or receiving a building permit; and WHEREAS, Firestone has entered Jnto a lease with the City of Loveland which entitles Firestone to receive up to 300 acre-feet from the Windy Gap Project, which can be delivered to Firestone as a treated potable water supply; and WHEREAS, Firestone has made this Windy Gap Project water available to Bidders pursuant to the Firestone Municipal Water Credit Bidding Rules and Procedures ("Bidding Rules and Procedures") as Water Credits; and WHEREAS, Buyer placed a successful bid and was awarded the right to purchase Water Credits from Firestone; and WHEREAS, Buyer agreed to be bound by those Bidding Rules and Procedures; and WHEREAS, Firestone has, in its sole discretion, agreed to accept the Water Credits to fulfill a dedication of "water rights" and/or "shares" requirement as outlined in the Code and specified in this Agreement; and 1 WHEREAS, Firestone has agreed to sell to Buyer, and Buyer wishes to purchase from Firestone _ Water Credits to be dedicated to Firestone in fulfillment of the "water rights" and/or "shares" dedication requirement of the Code; AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual agreement, and promises set forth herein, the receipt and sufficiency of which are hereby acknowledged by both Parties, the Parties agree as follows: 1. Recitals. The foregoing Recitals are incorporated herein as if fully set forth.' 2. Water Credits. Buyer placed a successful Bid and was awarded the right to purchase _ Water Credits. The Water Credits sold herein shall be Water Credit Nos. to Each Water Credit is equivalent. to one (1) acre-foot of water and shall meet the requirements for water dedicated pursuant to the Dedication Requirement, as that term is defined in the Rules and Procedures. 3. Purchase Price. Buyer agreed to pay the Purchase Price of $ per Water Credit for each of the _ Water Credits purchased. The Purchase Price is due and payable on the Effective Date of this Agreement. 4. Dedication. The Water Credits purchased by Buyer herein shall be dedicated to Firestone to fulfill the Dedication Requirement necessary for Buyer to obtain a plat, final subdivision, final development plan and/or building.permits for that tract of land described on Exhibit 1 attached hereto and pursuant to the Annexation Agreement., If dedicated prior to the Expiration Date, as defined in Section 8 of this Agreement, the Water Credits shall be assigned to the property described in Exhibit I and may not be transferred or assigned to another property. 5. Inclusion in Northern Colorado Water Conservancy District. Prior to the dedication of the Water Credits, as described in Paragraph 4 above, the lands described on Exhibit 1 shall be included in Municipal Subdistrict of the Northern Colorado Water Conservancy District. Buyer shall take all steps necessary for such inclusion, and Firestone shall have no obligation accept the Water Credits until such .lands are included in the Municipal Subdistrict of the Northern Colorado Water Conservaricy`District. 6. No Assignment. This Agreement shall not be assigned by Buyer.. The Water Credits described herein are non -transferable. If unforeseen circumstances occur that result in Buyer needing less than all of the Water Credits acquired by this Agreement, the Water Credits shall be re -assigned to Firestone in a timely fashion. Should Firestone, in its sole discretion, re -sell the Water Credits described herein prior to the Expiration Date of the Water Credits, the associated proceeds will be reimbursed to Buyer, up to, but not exceeding the Purchase Price described herein. This Paragraph shall in no way require Firestone to re -sell any Water Credits re -assigned to Firestone, 2 and shall not entitle Buyer to any reimbursement for Water Credits re -assigned to firestone that are not re -sold prior to the Expiration Date of the Credits. Any purported transfer or assignment in violation of this provision shall be void. . 7. No Third Party Beneficiary Status. Nothing in this Agreement shall be construed as assigning all or any portion of any agreement to which Firestone is a party nor any of the benefits derived therefrom. 8. Expiration. The Water Credits described herein shall expire on 20_ ("Expiration Date"), if not dedicated to Firestone prior to the Expiration Date. All of Buyer's rights in and to the Water Credits and/or to dedicate said Water Credits shall extinguish if not dedicated prior to the Expiration Date. Buyer shall not be entitled to any proceeds or reimbursement from any sale subsequent to the Expiration Date. 9. Entire Agreement. This Agreement represents the complete agreement between the Parties and no oral modification shall be recognized. Any amendment or additions shall be made in writing signed by both parties, 10. Severability, If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall _continue to be valid and enforceable for any reason, the remaining provisions shall continue'to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become vali& and enforceable, them such provision. shall be deemed to be written, construed, and enforced as so limited. 11. BindingE. Subject to the restrictions in Sections 4 and 6 hereof, this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, administrators, successors and assigns. 12. Jurisdiction and Venue. This Agreement shall be governed and its terms construed under the laws of the State of Colorado and venue shall be in the County of Weld. 13. Authority. Buyer and its undersigned signatory expressly represent and warrant to the Town that Buyer has authority to enter into this Agreement and that its undersigned signatory on this Agreement has the authority to bind Buyer to the terms of this Agreement 14. No recording. This Agreement shall not be recorded in the office of the Weld County Clerk and Recorder. Any recording of this Agreement by Buyer shall be deemed a breach of this Agreement. 15. Indemnification. Buyer shall defend, indemnify and hold harmless the Town, its elected and appointed officials, and its employees, agents and representatives (the "indemnified parties"), from and against any and all liability, claims, demands, liens, claims on funds, actions, damages, 3 losses, judgments, costs or expenses, including but not limited to reasonable attorneys' fees, arising out of any acts or omissions of the Buyer. its officers, employees, agents or representatives, or other persons acting under Buyer's direction or control, in any manner related to Buyer's rights, duties or obligations under this Agreement, or any breach hereof by Buyer. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first above written TOWN OF FIRESTONE BUYER: Print: Title: 4 �I Print: WATER CREDIT PROPOSAL FORM The Water Credit Proposal Form must be received by the Town of Firestone on, or before, the close of the Bidding Period as defined by the Firestone Municipal Water Credit Bidding Rules and Procedures ("Rules and Procedures"). Please enclose this Proposal Form in a sealed envelope identified with your name and marked "Firestone Municipal Water Credit Bid — Confidential, Attention: Julie Pasillas" with a signed Acknowledgement. PART I —Bidder Information Name: Address: Contact Information (for notice of successful bid): Legal Description of Property for Credit Use (may be included as exhibit) PART II —Bid for Water Credits Bidders shall be limited to a single bid for the Bidding Period. Water Credits will be awarded to the eligible bidder or bidders submitting the highest per acre-foot bid amount. Bid Price Number of Water Credits Calculated Total Dollars per Acre-foot (minimum of 20 Credits) Purchase Price (minimum $ .00 per Acre-foot) Bid $ x Credits = $ Check this Box if Bidder is willing to accept less than its full number of requested Credits By signing this Proposal Form, Bidder is submitting a Bid for purchase of Water Credits. If awarded such water, Bidder agrees to pay for the same and utilize the water in accordance with the Firestone Municipal Water Credit Bidding Rules and Procedures, the Firestone Municipal Code and any other rules, policies, procedures and guidelines, as set forth by the Town of Firestone, and agrees to enter into a Water Credit Purchase Agreement in form required by the Town of Firestone. Bidder's bid shall be deemed rejected if such Agreement is not executed within 90 days of being notified of an award, unless the Town in writing designates a longer period. While it is not the general practice of the Town of Firestone to disclose the information provided on this Proposal Form, Bidder shall be aware that if formally requested, Firestone may be required to disclose the information Bidder has provided on this Proposal Form, Water Credit Bidder: Signature Date ACKNOWLEDGEMENT OF CREDIT BIDDING RULES & PROCEDURES I acknowledge that I have received a copy of the Firestone Municipal Water Credit Bidding Rules and Procedures ("Rules and Procedures"), which describes important information regarding the bidding and purchase of Firestone Water Credits (hereafter "Credits"). I agree to abide by the Rules and Procedures in placing any bid, and acknowledge that failure to comply with the Rules and Procedures may disqualify my bid, and could prohibit my involvement in future bidding events. Since the information, policies, and benefits described by the Rules and Procedures are subject to change, I acknowledge that revisions to the Rules and Procedures may occur. I understand and agree that I have read and will comply with the Rules and Procedures and will read and comply with any revisions to the Rules and Procedures, and that my participation in the bidding and purchase of Credits shall be contingent on my compliance with the Rules and Procedures. Bidder's Name Bidder's Signature Date ORDINANCE NO. 9 ( ? , AN ORDINANCE AMENDING SECTIONS 2.16.010 AND 3.04.080 OF THE FIRESTONE MUNICIPAL CODE CLARIFYING REQUIREMENTS FOR SIGNATURES UPON CHECKS, DRAFTS AND WARRANTS WHEREAS, the Board of Trustees desires to amend Sections 2.16.010 and 3.04.080 of the Firestone Municipal Code to clarify requirements therein for signatures upon checks drafts, and warrants drawn upon accounts of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.16.010 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted are shown in Wit; words to be added are underlined): 2.16.010 — Duties - Payment process. It shall be the duty of the Town Treasurer to receive, receipt for and safely keep all moneys belonging to the Town and pay out of such moneys such sum or sums as may be ordered paid by the Board of Trustees. Checks or drafts drawn upon accounts of the Town shall be signed by two of the following persons: the Mayors of the Mayor Pro Tem, and by one of the f ,1,,...:.,� k the Town Clerk, the Town Treasurer, or the Town Manager and shall state for what purpose the money was appropriated, the particular fund or appropriation to which the same is chargeable and the person to whom payable. The Town Treasurer shall: [Remainder to stay the same] Section 2. Section 3.04.080 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted are shown in str-ikea ; words to be added are underlined): 3.04.080 - Warrants signed — Countersigned — Fund. All warrants or checks drawn upon the treasurer must be signed by at least two of the following wee persons —the mayor, the mayor pro-tem, the town clerk,/ the town treasurer, or the town manager —stating the particular fund or appropriation to which the same is chargeable and the person to whom payable. Section 3. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this f-YA- day of P, 2017. n$� TOWN OF FIRESTONE, COLORADO Paul Sorensen Mayor ATTEST: 1. �' -�Q m �'['o - Leah Vanarsdall, Town Clerk 2 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2.08.050 OF THE FIRESTONE MUNICIPAL CODE REGARDING REMOVAL OF OFFICERS WHEREAS, Section 2.08.050 of the Firestone Municipal Code sets forth requirements for removal of officers of the Town of Firestone; and WHEREAS, Mayor, Section 2.08.050 P rovides that thethe Clerk, the Treasurer, the Marshal, any member of the Board of Trustees, or any other officer of the Town may be removed from office by a majority vote of all members of the Board of Trustees, upon being given a charge in writing and opportunity of hearing; and WHEREAS, the Board of Trustees desires to amend Section 2.08.050 of the Firestone Municipal Code to include provisions regarding waiver of such requirements. NOW, THEREFORE, BE IT ORDAINED. 13Y THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.08.050 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are sniel 2.08.050 - Removal of officers---Causes—Notice. By a majority vote of all members of the Board of Trustees, the Mayor, the Clerk, the Treasurer, the Marshal, any member of the Board. or any other officer of the Town may be removed from office. No such removal shall be made without a charge in writing and an opportunity of hearing being given unless (i) the officer against whom the charge is made has moved out of the limits of the Town: or ii the officer has hy written a eement with the Town waived said rovisions far charge and papportuniq for hearing. When any -officer ceases to reside within the limits of the Town, he or she may be removed from office pursuant to this Section. A Municipal Judge may be removed during his or her term of office only for cause, as set forth in CRS 13-10- 105(2), as amended. Section 2. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED.IN FULL this 2day of 2017. TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor ATTEST: Jen fer We Berger, Ac g Town Clerk . T�WNO�� of } O 4 f ..........Q' ORDINANCE NO. AN ORDINANCE AUTHORIZING THE PAYMENT OF TOWN MONEYS FOR THE ACQUISITION OF APPROXIMATELY 42 ACRES OF REAL ESTATE AND WATER RIGHTS OWNED BY MYRNALOY M. GOULD, MERRI N. LAWLEY, THE MERRI N. LAWLEY LIVING TRUST AND THE MYRNALOY GOULD TRUST WHEREAS, the Town of Firestone desires to purchase approximately 42 acres of land owned by Myrnaloy M. Gould, Merri N. Lawley, the Merri N. Lawley Living Trust and the Myrnaloy Gould Trust (the "Seller"), which land is located in the County of Weld, Colorado, and situated in the Southwest'/4 of Section 31, Township 3 North, Range 67 West of the 6`h P.M. ("the Parcel"); and WHEREAS, the Town of Firestone also desires to purchase from Seller one (1) share of capital stock of the Rural Ditch Company represented by Stock Certificate No. 314; all water rights, easements and ditch rights associated with the Rural Ditch Company share; three permitted wells; and certain easements, water taps and other water rights, all as further defined in the Purchase Contract (the "Water Rights", hereinafter referred to collectively with the Parcel as the "Property"); and WHEREAS, the Town desires to purchase the Property to be used for the purposes of a water treatment facility and provision of Town water supply; and WHEREAS, the Board of Trustees intends and states that the Property is not being purchased or acquired for any park or governmental purposes within the meaning of C.R.S. § 31- 15-713, and that all or portions of the Property and interests therein are being acquired for utility purposes and as general assets of the Town and/or its Water Enterprise and may be sold upon adoption of ordinance(s) therefor (without referral to election); and WHEREAS, the Board of Trustees has approved by Resolution a Purchase Contract for the purchase of the Property, under which the Town shall pay the owner of the Property a total purchase price of $1,500,000, subject to the terms and conditions of said Purchase Contract; and WHEREAS, the Board of Trustees by this ordinance desires to identify the source of funding for such purchase and authorize the acquisition of the Property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorizes acquisition of the Property subject to the provisions, conditions and contingencies set forth in the Purchase Contract. Unless other funds become available for use by the Town as determined by the Town Board of Trustees, moneys from the Water Fund shall be used to pay upon execution of the Purchase Contract the amount of $10,000, and to pay at closing the amount of $1,490,000 plus fifty percent of the total closing costs for the Property; which Property is further described on Exhibit A in the Purchase Contract therefor. Section 2. Town payment for the Property shall be made in cash, certified funds, wire transfer or Town check, subject to the Purchase Contract and to any necessary budgetary transfers or supplementary budgets and appropriations in accordance with state law. Such Town payment is subject to and conditioned upon satisfaction of all contingencies and conditions in the Purchase Contract for the Property. Section 3. The Board of Trustees finds and determines that the Property is being acquired for utility purposes and as general assets of the Town and/or its Water Enterprise and is not being purchased or acquired for any park or governmental purposes within the meaning of C.R.S. § 31-15-713, and that all or portions of the Property, and any interests, licenses, rights or privileges therein, may be sold, leased, conveyed or disposed of, in whole or part, as determined by subsequent action of Board of Trustees, without necessity of election. Section 4. Nothing in this ordinance is intended to nor should be construed to create any multiple -fiscal year direct or indirect Town debt or fiscal obligation whatsoever. Section 5. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Town Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this ?_9 day of �)vn� , 2017. TOWN OF FIRESTONE, COLORADO Paul Sorenson Mayor ATTEST: ;`�' OWN 10 SEAL A n To Clerk, RA_ W, -- n Cr 1 Q g r0 0 cOUNrY,f ►, ORDINANCE NO. 1� AN ORDINANCE APPROVING THE VACATION OF AN ACCESS EASEMENT WITHIN THE TOWN OF FIRESTONE WHEREAS, by the Final Plat of Firestone City Centre Subdivision Filing No. 2 recorded with the Weld County Clerk and Recorder on May 2, 2008 at Reception No. 3551426, the Town was granted a 20-foot access easement over certain property described therein (the "Access Easement") in order to access a parcel owned by the Town that contains a Town monument sign; and WHEREAS, further development of the area surrounding the Access Easement has resulted in a new access easement that better serves the Town's needs; and . WHEREAS, there no longer exists a need for the Access Easement; and WHEREAS, the Town Board has determined the Access Easement is not and will not be needed for any public purposes and is not being used or held for park purposes or for any other governmental purpose; and WHEREAS, the Town Board desires to vacate its interests in the recorded Access Easement. NOW, THEREFORE; BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section L The Town hereby vacates that certain Access Easement platted by the Final Plat of the Firestone City Centre Subdivision Filing No. 2, recorded with the Weld County Clerk and Recorder on May 2, 2008 at Reception No. 3551426. Section 2. The Mayor is authorized to execute such additional documents as may be necessary to evidence the vacation of the Access Easement vacated by this ordinance. .` Section 3. All other ordinances or portions thereof inconsistent or in conflict with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this ._Z? day of , 20 TOWN OF FIRESTONE, COLORADO Mayor ATTEST: '�Z �STONF NO Acb To Clerk, jcAn i CAAn "e - • v 4/25/2017 5:07 PM[kndc]R:(Firestone15ubdivisionSTirestone City Center Easement Vacation Ord.doc - COUN-C( s ORDINANCE NO. _ 0 AN ORDINANCE AMENDING SECTIONS 1.08.050, 13.08.010 AND 16.04.055 OF THE FIRESTONE MUNICIPAL CODE REGARDING RAW WATER DEDICATION REQUIREMENTS. WHEREAS, Sections 1.08.050, 1108.010 and 16.04.055 of the Firestone Municipal Code set forth requirements for the dedication of water rights to the Town for water service for residential, commercial and industrial developments and irrigation of irrigated landscape areas; and WHEREAS, the Town's current policy regarding dedication of water rights provides that seventy-five percent of the water dedication requirement shall be met by dedication of water and that twenty-five percent of the dedication requirement shall be met by payment of cash in lieu of dedication; and WHEREAS, the Board of Trustees finds that it is necessary and appropriate to revise such policy regarding payment in lieu of dedication to require that the full dedication requirement be satisfied by dedication of water, except in limited circumstances as provided by this ordinance; and WHEREAS, the Town's current policy regarding dedication of water rights requires that water dedicated to the Town be units of Colorado Big Thompson ("CBT") water; and WHEREAS, the Board of Trustees desires to amend such dedication requirements to allow a landowner to meet such dedication requirements by dedication of certain water credits purchased from the Town, as an alternative to the requirement for the dedication of CBT water; and WHEREAS, the Board of Trustees desires to amend certain other provisions of the Firestone Municipal Code concerning the dedication of water rights. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection 1.08.050 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are stfisken thr-eugh): 1.08.050 Water. Unless otherwise provided by the Board of Trustees, the Town and the petitioner shall agree in writing, prior to final adoption of an annexation ordinance, to the transfer of the following minimum water rights to the Town: 1 A. Residential. 1. The landowner, its successors or assigns in interest shall dedicate to the Town for each single-family residential dwelling lot the amount of water, in acre feet, , as set. forth in the following table, and as et b t4h in paragraph 6, below: Lot Size (ft') Cum Water Dedication Requirement acre-feet 0-10,000 4-90 0.600 10,001-123500 4-.M 0.750 12,501-15,000 430 0.900 15,001-17,500 4451,050 17,501-20,500 240 1.200 20,501-23,000 2-.2-5 1.350 23,001-25,500 2-50 1.500 25,501-28,000 24-5 1.650 28,001-30,500 3-.90 1.800 . 30,501-33,000 3—.M 1.950 33,001-35,500 3s0 2.100 35,501-38,000 34-5 2.250 38,001-41,000 400 2.400 41,001-43,500 42-� 2.550 a. Unless otherwise provided pursuant to this Section or a written agreement approved by the Board of Trustees, water rights dedicated to the Town shall be Colorado — Big Thompson "CBT" units. Credit for dedication of CBT units will be credited at an annual yield of 0.60 acre-feet per CBT unit. Credit for water credits purchased pursuant to Subsection C below, or for other water ri hts will be credited at a Yield determined by written agreement approved by the Board of Trustees. b.. For lots that are fifteen thousand square feet or larger; the Town may in its sole discretion agree to reduce the water dedication requirements by an appropriate amount where: (a) irrigated areas on the lot .will be limited to a maximum: square footage that does not exceed a specified square footage or specified percentage of the lot area; (b) the corresponding final plat and final development plan contain restrictions on the square footage of irrigated areas, and associated restrictions on water use; (c) the associated covenants contain restrictions on the square footage of irrigated areas; and (d) such restrictions and covenants run in favor of and .are enforceable by the Town, with the Town's enforcement rights to include, without limitation, the discontinuance of water service or installation of flow restriction devices at the expense of the landowner in the event of noncompliance. 2 2. The landowner, its successors or assigns in interest shall dedicate to the Town the amount of water, in acre-feet, „its of CgT watefor each living unit in a multi -family dwelling; as set forth in the following table and i Pafa- Living Units Per Multi -Family Dwelling CBT Shn Water Dedication Requirement (acre-feet) Per LivingUnit 2 to 4 Units :5-4 0.336 5 to 12 Units 490.306 > 12 Units 7 0,234 3. The landowner, its successors or assigns in interest shall dedicate to the Town 2.20 acre feet of t..e and ene half aere feet nits f rIAT water for every net acre of irrigated landscape area to be. served by the Town water system and located within a residential development, as set f - in Pafagr^p" 6, bole - 4. In the event multi -family dwelling units are proposed to be served by a single meter rather than individual meters, the Town may require that the owner, its successors or assigns in interest, convey to the Town additional water in the event actual water use from the single meter exceeds the amount dedicated to the Town at the time of development. The Town in its sole discretion shall determine when single meters may be used for multi -family dwelling unit developments. 5. a. Title to the water rights, free of liens and encumbrances, shall be deliverable to. the Town at the time of final subdivision platting of any residential area platted for single-family residential dwelling lots in the No subdivision plat for such area shall be recorded until the Town becomes titled owner of all water required for the platted area. b_ Title to the required water rights, free of liens and encumbrances, shall be deliverable to the Town at or prior to Town approval of the first of a final development plan or fnal subdivision plat for any property or portion thereof proposed for multi -family residential dwelling use,_as the Town in its sole discretion shall determine, and no such plan or plat shall receive final approval or be recorded until the Town becomes titled owner of all water required for such use. 3 B. Commercial and Industrial. - .1. For commercial, industrial or other non-residential uses, the landowner, its successor or assigns in interests, shall. dedicate to the Town an amount of water equal to the estimated total annual potable water demand requirement for such uses, as calculated by the Town, plus an additional twenty percent, of F �. . „h A_ below. 2. For commercial, industrial or other non-residential uses, the landowner, its successor or assigns in interests, shall dedicate to the Town 2.20 acre feet of AI -And- elw-- haW aor-e foot units of G4 water for every net acre of irrigated landscape area to be served by the Town water system and. located within such non-residential development, as sot f ,.th in ,,.,..n;,raph 4. bole 3. Title to the required water rights, free of liens and encumbrances, shall be deliverable to the Town at or prior to Town approval of the first of a building permit, final development plan, or final subdivision plat for any property or portion thereof proposed for commercial, industrial or other non-residential use, as the Town in its sole discretion shall determine, and no such permit, plan or plat shall receive final approval or be recorded until the Town becomes titled owner of all water required for such use. Y . Y 1 • C. To satisfy the water dedication requirements of this Section, a landowner may dedicate certain "water credits," which are purchased from the Town, in lieu of dedication of water rights or shares as required by this Section. The water credits allowed to be credited to the dedication requirements of this Section shall be derived from certain Windy Gap units which have been leased b the Town and made available for purchase from the Town pursuant to the Firestone Municipal Water Credit Bidding Procedures adopted by ordinance of the Board of Trustees. D. In the sole and absolute discretion' of the Town, any development having a total water dedication requirement of 1.8 acre feet of water or less may satisfy its dedication requirements by paMent 'of cash in lieu of dedication. The 4 cash -in -lieu payment shall be made for the number of acre feet required to serve the development at a rate as determined by the Board of Trustees from time to time by resolution, such rate to be not lessthan one hundred and ten percent of the then current price of a unit of CBT with an assumed:annual yield of 0.6 acre-feet per CBT unit. The Town shall set these .cash -in -lieu funds aside for future purchase of water rights. C-E. In addition, the landowner shall offer to sell all remaining water rights appurtenant to his or her property to the Town at the fair market value as determined by a competent appraiser chosen jointly by the landowner and the Town. The landowner shall also petition for inclusion of the land into the Northern Colorado Water Conservancy District and Municipal Subdistrict if the land sought to be annexed is not already in that District and Subdistrict. DF. All water required to be dedicated under this Section shal I be in the form of CBT units water credits as described in Subsection C above Net4hern !' Water- G„ser.,. ney Distr-iet ,.,ter shares- or such other water rim Color -ado shares as the Town may agree to accept in lieu thereof. a ee E 4. B.4 for- 'n�ededieafian4)ayfflefit in liou of dediea�ien shall not apply to an), development hayi*g oTne-��e�-irr;em #�f�:-cfd 6�•- u wtui rruw-r dedie4ien requirement of eight or- fewer- aer-e feet H-4k-Af CRT v latef these small develepm@ws may satisfy !heir --a -ian mpaluram- fits Pally by or- by any eembination Section 2. Subsections A and B of. Section 13.08.010 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be .deleted are strisken thr-a*): 13.08.010 Water connection charges. A. There is imposed a capital investment charge, repair charge and connection charge for residential, commercial and industrial uses, payable upon issuance of a building. permit by the Town. Such charges shall be paid to the Town in an amount as established from time to time by resolution: of the Board of Trustees. B. In addition to the charges set forth in Subsection A above, there shall be transferred to the Town the following: 5 1. For each single-family residential dwelling lot, the amount of water, in acre feet '� as set forth in the following table Lot Size (ftz) GBT Share Water Dedication Req uirement acre-feet 0-10,000 4.89 0.600 10,001-12,500 4-.M 0.750 12,501-15,000 449 0.900 15,001-17,500 4�5 1.050 17,501-20,500 IN 1.200 20,501-23,000 �5 1.350 23,001-25,500 2-40 1.500 25,501-28,000 25 1.650 28,001-30,500 -3-99 1.800 30,501-33,000 -3-.� 1.950 33,001-35,500 4-5-9 2.100 35,501-38,000 3-45 2.250 38,001-41,000 4.N 2.400 41,001-43,500 4-.2'15 2.550 a. Unless otherwise provided pursuant to Section 1.08.050.0 or a written agreement approved by the Board of Trustees water rights dedicated to the Town shall be Colorado - Big Thompson "CBT" units. Credit for dedication of CBT units will be credited at a yield of 0.6 acre- feet per CBT unit. Credit for water credits purchased pursuant to Section 1.08.050.C, or for other water rights, will be credited at a_yield determined by written agreement approved by the Board of Trustees. b. For lots that are fifteen thousand square feet or larger, the Town may in its sole discretion agree to reduce the water dedication requirements by an appropriate amount where: (a) irrigated areas on the lot will be limited to a maximum square footage that does not exceed a specified square footage or specified percentage of the lot area; (b) the corresponding final plat and final development plan contain restrictions on the square footage of irrigated areas, and associated restrictions on water use; (c) the associated covenants contain restrictions on the: square footage of irrigated areas; and (d) such restrictions and covenants run in favor of and are enforceable by the Town, with the Town's enforcement rights to include, without limitation, the discontinuance of water service or installation of flow restriction devices at the expense of the landowner in the event of noncompliance. 6 1.5. For each living unit in a multi -family dwelling, the amount of water, in acre-feet number- of tiere root nk*; 4 C-4-4 w e as set forth in the following table and in U.,...,,...,,ph 6 below: Living Units Per Multi -Family Dwelling CBT ShareWater Dedication Requirement (acre-feet) Per Living Unit 2 to 4 Units 34 0.336 5 Pto 12 Units A-9 0.306 > 12 Units -.3-7 0.234 2. 2.20 acre feet of Twe and one half aere feet e nits of GBT water for every net acre of irrigated landscape area to be served by the Town water system and located within the development. 3. For commercial, industrial or other nonresidential development, an amount of water equal to the estimated total annual potable water demand requirement for such uses, as calculated by the Town, plus an additional twenty perce-it. 4. In the sole and absolute discretion of the Town, an,, development hayinc a total water dedication requirement of 1.8 acre feet of„water or less may satis , its dedication requirements by payment of cash in lieu of dedication. The cash -in -lieu payment shall be made for the number of acre feet required to serve - the development at a rate as determined by the Board of Trustees from time to time b resolution, such rate to be not less than one hundred and ten percent of the then current price of a unit of CBT water with an assumed annual geld of 0.6 acre feet per unit. The Town shall set these cash -in -lieu funds aside forfuture purchase of water rights. i} lieu--9faere-feet nitre et feZi lh7 Il1T[LTA ,afldJ above, an LameuIA equivalent to ^ o hundred ton n enf Af-tho ihen eurfent n ,...brie pr-iee A ., eh units a§ deter -mined by the Teff',44. The Town shall s.et these fuHds aside for- futer-e 5. The transfer required by this Section S ubseetien shall be made_ A: prior to the recording ..of any subdivision plat for the property served for any area'Platted for single-family residential dwelling units. if no subdivision plat is required, then such water shall be deliverable at the time of building permit and shall be transferred to the Town prior to the issuance of a building permiq b. prior to Town approval of the first of. a final development plan or final subdivision plat for any property or portion thereof proposed 7 for multi -family residential dwelling use, as the Town in its sole discretion shall determine; and L. prior to Town approval of the first of a building ermit final development plan, or final subdivision plat for any propertyor portion thereof proposed for commercial industrial or other non- residential use as the Town in its sole discretion shall determine. No permit, plan or plat as provided in the foregoing ara ra hs a b or c shall receive final approval or be recorded until the Town becomes titled owner of all water required for such use. All water transferred thereunder shall be free and clear of liens and encumbrances. - t _ Section 3. Section 16.04.055 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are st fi ken dh-eugb): 16.04.055 Water rights dedication. No subdivision plat, and no final development plan or building permit for any unplatted area, shall receive final approval until the Town becomes titled owner of all water required for the area subject to such. plat, plan or permit, as determined pursuant to Sections 1.08.050 and 13.08.010 of this code, as applicable, and any agreement governing the platted area. If required by the Town, the manner of satisfaction of the water dedication requirements shall be set forth in the subdivision or development agreementLs for the subdivision. The Town, at all times and as a condition of water service and approval of any plat, final development plan or building permit for any nonresidential area, shall have the right to require the dedication of additional water rights or, at the Town's option, the payment of cash in lieu thereof, in the event. actual water use for any such area exceeds the estimated potable water demand, as calculated by the Town. Section 4. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining -portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. 8 Section 5. The repeal or modification.of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the: purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of , 2017. TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor ATTEST: �\�6SNF A ing own Clerk , J n � fr - W& .C( ( f0 O 1 :: 0 O.OUN", G 9. ORDINANCE NO. G0 I AN ORDINANCE CONSENTING TO THE TOWN OF FIRESTONE'S INCLUSION IN THE MUNICIPAL SUBDISTRICT OF THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT NOW, THEREFORE, BE 1T ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone (the "Town") hereby consents to the filing of petitions with the District Court of Weld County pursuant to C.R.S. § 37- 45-136(3) for the inclusion of the Town within the Municipal Subdistrict of the Northern Colorado Water Conservancy District ("Subdistrict"), and hereby consents to the inclusion of the Town within the Subdistrict pursuant to such petitions. The Mayor, as the chief executive officer of the Town, is further hereby authorized to consent to the inclusion of the Town within the Subdistrict pursuant to such petitions and to request the Subdistrict's consent to said inclusion. Section 2. Upon inclusion into the Subdistrict, said property shall be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Subdistrict. Section 3. The Town hereby consents to be bound by the provisions of the Water Conservancy Act, C.R.S. § 37-45-101, et seq, upon inclusion in the Subdistrict pursuant to C.R.S. § 37-45-136(3). Section 4. The appropriate officers, employees, attorneys, contractors and agents of the Town are hereby authorized and directed to take such steps as are necessary pursuant to the Water Conservancy Act and as required by the Subdistrict to submit a petition for inclusion of the Town into the Subdistrict, including specifically and without limitation, to, collect signatures for, execute and file a petition in the District Court of Weld County in the manner required pursuant to C.R.S. § 37-45-136(3). Section 5. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this It+ day of & , 2017. TOWN OF FIRESTONE, COLORADO �*0 si y� �a TOWN OO Pic - SEAL d CI N• , f110 4;; iT "'�O�' Paul Sorensen Mayor ATTEST: AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND FIELDWORKS, LLC FOR CONTRACT SERVICES 1.0 PARTIES The parties to this Agreement are the Town of Firestone, a Colorado municipal corporation, hereinafter referred to as the "Town", and FieldWorks, LLC, a Washington DC limited liability company, hereinafter referred to as the "Contractor". 2.0 RECITALS AND PURPOSE 2.1 The Town desires to engage the Contractor for the purpose of providing signature gathering services for the Town's petition for inclusion into the ;Northern Colorado Water Conservancy District Municipal Subdistrict, to include the services as further set forth in the Contractor's Scope. of Services (which services are hereinafter referred to as the "Services"). 2.2 The Contractor represents that it has the special expertise, qualifications and background necessary to complete the Services. 3.0 SCOPE OF SERVICES The Contractor agrees .. provide the Town with the specific Services and to perform the specific tasks, duties and responsibilities set forth in Scope-. of Services attached hereto as Exhibit "A" and incorporated herein by reference. 4.0 COMPENSATION 4.1 The Town shall pay the Contractor for services under this Agreement a total not to exceed $25,885 (the "Maximum Contract Amount"), as set forth in Exhibit "13" attached hereto and incorporated herein by this reference. The foregoing amount of compensation shall be inclusive of all costs of whatsoever nature associated with the Contractor's efforts, including but not limited to salaries, benefits, overhead, administration, profits, expenses, and outside consultant fees. The Scope of.S.ervices and. payment therefor small only be changed by a properly authorized amendment to this Agreement. No Town employee.has the authoi`ity to bind the Town with regard to any payment for any services which exceeds the amount payable under the terms of this Agreement. 4.2 The Contractor shall submit to the Town an invoice for $20,855 (the Maximum Contract Amount less the Fieldworks Management .Fee of $5,000, as specified in Exhibit B) prior to beginning performance of the Services; which invoice shall be paid by the Town within ten (10) days of receipt thereof and prior to the commencement of the Services. Within ten (10) days following satisfactory completion of the Services, the Town shall pay to the. Contractor the $5,000 Fieldworks Management Fee. Within thirty (30) days following the completion of the Services, the Contractor shall submit a detailed report for expenses incurred in connection with the -Contractor's performance of the Services reflecting the budget detail in Exhibit B (the "Report"). The Contractor may reallocate costs in the budget within each of the six (b) budget categories reflected in Exhibit B, but may not reallocate costs across such budget categories. In addition to the Report, the Contractor shall provide such additional backup documentation as may be required by the Town. In the event expenses incurred are less than the budgeted amount, the Contractor shall issue a refund to the Town for any unspent payment no later than fifteen (15) days after its submission of the Report. In the event expenses exceed the budgeted amount, the excess amount shall be the responsibility of the Contractor and the Town shall have no obligation to pay any amount above the Maximum Contract Amount. 5.0 PROJECT REPRESENTATION 5.1 The Town designates Julie Pasillas, Resources and Sustainability Coordinator, as the responsible Town staff to provide direction to the Contractor during the conduct of the Services. Tile. Contractor shall comply with the directions given by Resources and Sustainability Coordinator and such person's designees. 5.2 The Contractor designates Lew Granofsky as its project manager and as the principal in charge who shall be providing the Services under this Agreement. Should any of the representatives be replaced, particularly Lew Granofsky; and such replacement require the Town or the Contractor to undertake additional reevaluations, coordination, orientations, etc., the Contractor shall be fully responsible for all such additional costs and services. 6.0 TERM This Agreement shall be effective upon its mutual execution by the parties, and is subject to termination pursuant to Section 13, below. The Contractor shall commence field work for the collection of signatures no later than ten (lq) days after Contractor's receipt o.f written notice to proceed by the 'Town and the Town's payment of the invoice provided by the Contractor pursuant to Section 4.2 of this Agreement. The parties agree that field work for the collection of signatures shall be completed within two weeks of Contractor's commencement of the field work under this Agreement. 7.0 .INSURANCE 7.1 The Contractor agrees to procure and maintain, at its own cost, the policies of insurance set forth in Subsections T L I through 7.1.4. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Agreement by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. The coverages required below shall be procured and maintained with forms and insurers acceptable to the Town. All coverages shall be continuously maintained from the date of commencement of services hereunder. The required coverages'are: 2 7.1.1 Workers' Compensation insurance. as required by the Labor Code of the State of Colorado and Employers Liability Insurance. Evidence of qualified self. -insured status may be substituted. 7.1.2 General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000;000) each occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate. The policy shall include the Town of Firestone, its officers. and its employees, as additional insureds; with primary coverage as respects the Town of Firestone, its officers and its employees, and shall. contain a severability of interests provision. 7.1.3 Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000) per person in any one occurrence and SIX HUNDRED THOUSAND DOLLARS ($600,000) for two or more persons in any one occurrence, and auto property damage insurance of at least FIFTY THOUSAND DOLLARS ($50,000) per occurrence., with respect to each of Contractor's owned, hired or non -owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision. If the Contractor has no owned automobiles, the requirements of this paragraph, shall be met by each employee of the Contractor providing services to the Town of Firestone under this contract. 7.1.4 Professional Liability coverage with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000) each occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate. 7.2 The Contractor's general liability insurance, autornobile liability and physical damage insurance, and professional liability insurance shall be endorsed to include the Town, and its elected and appointed officers and Employees, as additional insureds, unless the Town in its sole discretion waives such requirement. Every policy required above shall be primary insurance, and any insurance carried by the Town, its officers; or its employees, shall be excess and not contributory insurance to that provided by the, Contractor. Such policies shall contain a severability of interests provision. The Contractor shall be solely responsible for any deductible losses under each of the policies required above. 7.3 Certificates of insurance shall be provided by the Contractor as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be subject to review and approval by the Town. No required coverage shall be cancelled, terminated or materially changed until at least 30 days prior written notice has been given to. the Town. The Town reserves the right to request and receive a certified copy of any policy and. any endorsement thereto.. 7.4 Failure on the pant of the Contractor to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which the Town may immediately terminate the contract, or at its 3 discretion may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Contractor to the Town upon demand, or the Town may offset the cost of the premiums against any monies due to Contractor from the Town. 7.5 The parties understand and agree that the Town is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101 et seQ., 10 C.R.S., as from time to time amended, or otherwise available to the Town, its officers, or its employees. 8.0 INDEM`NIFICATION To the fullest extent permitted by law, the Contractor agrees to indemnify and hold harmless the Town, and its elected and appointed officers and its 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 services hereunder, if such injury, loss, or damage is caused by the negligent act, omission, or other fault of the Contractor or any subcontractor of the Contractor; or any officer, employee, or agent of the Contractor or any subcontractor, or any other person for whom Contractor is responsible. The Contractor shall investigate, handle, respond to, and provide defense for and defend against any such liability, claims, and demands. The Contractor shall further bear all other costs and expenses incurred by the Town or Contractor and related to any such liability, claims and demands, including but not limited to court costs, expert witness fees and attorneys' fees if the court determines that these incurred costs and expenses are related to such negligent acts, errors, and omissions or other fault of the Contractor. The Town shall be entitled to its costs and attomeys' fees incurred in any action to enforce the provisions of this Section 8.0. The Contractor's indemnification obligation shall not be construed to extend to any injury, loss, or damage which is caused by the act, omission, or other fault of the Town. 9.0 QUALITY OF WORK Contractor's professional services shall be in accordance with the prevailing standard of.practice normally exercised in the performance of services of similar nature in the Denver metropolitan area. 10.0 INDEPENDENT CONTRACTOR Contractor and any persons employed by Contractor for the performance of work hereunder shall be independent contractors and not agents of the Town. Any provisions in this Agreement_ that may appear to give the Town the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the Town as to end results of the work only. As an independent contractor, Contractor is not entitled to workers' compensation benefits. except as,may be provided by the inde endent contractor nor to unemployment insurance benefits unless unemployment compensation coverage is provided by the independent contractor or some other entity. The Contractor 4. is obligated to pay all federal and.state'income tax on an .moneys earned or Paid pursuant to this Contract. 11.0 ASSIGNMENT Contractor shall not assign or delegate this Agreement or any portion thereof, or any monies due to or become due hereunder without the Town's prior written consent. 12.0 DEFAULT Each and every term and condition hereof shall be --deemed. to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default.. 13.0 TERMINATION 13.1 This Agreement may be terminated by either.party for material breach or default of this Agreement by the other party not caused by any action or omission -of the other party by givingthe other party written notice at least thirty (30) days in advance of the termination date. Termination pursuant to this subsection. shall not prevent either party. from exercising any other legal remedies which may be available to it. 1.3.2 In addition to the foregoing, this Agreement may be terminated by the Town for its convenience and without cause of any nature by giving written notice at. least fifteen (15) days in advance of the tennination date. In the event of such termination, the Contractor will be paid for the. reasonable value of the services rendered to the 'date. of termination, not to exceed a pro -rated daily rate, for the services rendered to the date of termination, and upon such payment, all obligations of the Town to the Contractor under this Agreement. will cease. "Termination pursuant to this Subsection shall not prevent either party from exercising any other legal remedies which may be available to it. 14.0 INSPECTION AND AUDIT The Town and its duly authorized representatives shall have access to any books, documents, papers, and records of the Contractor that are related to this Agreement for the purpose- of making audits; examinations, excerpts, and transcriptions, 15.0 DOCUMENTS All computer input and output, analyses, plans, documents photographic images, tests, maps, surveys, electronic files and written material of any kind generated in the performance of this Agreement or developed for the Town in performance of the Services are and shall remain the sole and exclusive property of the Town. All such materials shall be promptly provided to the Town upon request therefor and at the time of termination of this Agreement, without further charge or expense to the ]'own. Contractor shall not provide copies of any such material to any other party without the prior written consent of the Town. 16.0 ENFORCEMENT 16.1 In the event that suit is. brought upon this,Agreementto enforce its,. terms, the prevailing party shall be entitled to its reasonable'attorneys' fees and related court costs. 16.2 Colorado law shall apply to the construction and enforcement of this Agreement. The parties agree to the jurisdiction and venue of the courts of Weld County in connection with any dispute arising out of or in any matter connected with this Agreement. 17.0 COMPLIANCE WITH LAWS; WORK BY ILLEGAL ALIENS PROHIBITED 17.1 Contractor; shall be solely responsible for compliance with all applicable federal, state, and local laws, including the ordinances, resolutions; rules; and regulations of the Town; for payment of all applicable taxes;. and obtaining and keeping in -force all applicable permits and.approvals. 17.2 Exhibit C; the "Town of Firestone Public Services Contract Addendum -Prohibition Against Employing Illegal Aliens", is attached hereto and incorporated herein by reference. There is alsa attached hereto a copy of Contractor's. Pre -Contract Certification which Contractor has executed and delivered to the Town prior to Contractor's execution of this .Agreement. 18.0 INTEGRATION AND AMENDMENT This Agreement represents the entire Agreement betuleen the parties .and there are no oral or collateral agreements or understandings.. This Agreement may be amended only by an instrument in writing signed by the parties. 19.0 NOTICES All notices required or permitted under this Agreement shall be -.in writing and shall be given by hand delivery, by United States first class mail, postage prepaid, registered or certified, return receipt requested, by national overnight carrier, or by facsimile transmission, addressed to the party for whom it is intended at the following address: If to the Town: Town of Firestone Attn: Julie Pasillas 151 Grant Ave. Firestone, Colorado 80520 Telephone: (303) 833-3291 Fax: (303) 833-4863 If to the Contractor: 6 FieldWorks, LLC Attn: Chris Gallaway 'O Box 9897 Washington, DC 20016 Fax: 202-318-8225 Any such notice or other communication shall be effective when received as indicated on the delivery receipt; if by hand. delivery or overnight carrier; on the United States mail return receipt, if by United States mail; or on facsimile'transmission receipt. Either party may, by similar notice given, change the address to which future notices or other communications shall be sent. 20.0 EQUAL OPPORTUNITY EMPLOYER 20.1 Contractor will not discriminate against any employee .or applicant for employment .because of race, color, religion, age, sex, disability or national origin. Contractor will take affirmative action to ensure that applicants, are, employed and that employees are treated during employment without regard to their race, color, religion, age, sex., disability; or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for.training, including apprenticeship. Contractor agrees to -post in conspicuous places, available to employees and applicants for employment, notice to be provided.by an agency of the federal government, setting forth the provisions of the. Equal Opportunity Laws. 20.2 Contractor shall be in compliance with the applicable.provisions of the American with Disabilities Act of 1990 as enacted and from time to time amended and any other applicable federal, state, or local laws and regulations. A signed, written certificate stating compliance with the Americans with Disabilities Act may be requested at any time during the .life of this Agreement or any renewal thereof. In witness whereof, the parties have executed this Agreement to be effective as of the 'day and year of signed by the Town. TOWN OF FIRESTONE, a Colorado Municipal Corporation B Cc Y• Mayor .Attest: To4 Clerk -I - - -.1. FieldWorks, LLC 7 By: Member Exhibit A -- Seope of Services The Contractor shall perform all services and; procure all supplies and' materials necessary. to obtain the signatures necessary for the Towns. 'inclusion in the Northern Colorado Water Conservancy District Municipal Subdivision, which services, supplies and materials shall include all those listed in Exhibit B. 9 y_ Y vtr V t r Li ..,..r-. r s Northern Water Inclusion Petition Landowner 31gnature Gathering 2 Weeks Estimated V41id 51gnatur" Reeulred 400 Buffer 5% Total Valid 420 Validity Rate 85% Total Raw colicctran 494 Total Signatures 494 `DoorSignatur"Pt+Houri gnatu es Per Orin, SAift 2D Estimated Doer Performance 1S�--- .° �Sfgnalures,Tram Pald,Paors �: .,':; t'k1- _.g9q Estimated Timeline Days for Ceilection 9 Average Paid Shifts Per Oay -3 . „ .. - OlficoDifector Petition Office Directors 1 2.0 5 1,440,00 S UW.00 Payroll Taxes & Costs Payroll Towns, Processing, Workers Comp, Insurance 1 1.0 $ 71540 $ 715.00 Wrectot Benefits HaalthcaralCall Phone/Computer 1 2.0 $ 203.SD $ 407.00 Staff Transportation and Housing Needs Staff Transportahon and Housing Needs 1 2,0 $ .935,06 S 1,870.00 Transportation To and From Project Travel Costs for Non -Local Staff 1 40 S 880,0D 5 a90.00 Paid Door Shifts Locally Resulted Employees r x 25 1 $ 103,13 5 7,547.92 Payroll Tares & Costs Payroll Takes, Processing, Workers Camp, Inswanee 1 1 $ 635:98 $ 636.58 Pet#Honer Svp0ort Matwfats, Water, Snacks 25 1 S 4.40 $ 108.71 Transportation Transponatior To and From Work Locallons 25 1 5 16,W $ 407.65 Revultment Recruitment Ads and Materials 1 4.0 $ 110.00 $ 110.00 Background Checks and Screening CNmt wl and Sex Offender Checks 84 1 $ 27.50 S 2,310.00 Training & Setup WOW Director Tealnln; andOffiee Setup 1 ! S I,650,00 $ 1,650.06 sSIM Office Moiling Locitlons Remote Staging Locations for Large Travel Craws 1 0.5 $ 4AG0.00 5 2.200,00 74mpofiice Office Supplies and Shipping Supplies for Office, Printing, and Shipping Costs 1 1 $ 550.00 S $5300 phone and Wemet Office Phones and Internet A"m% 1 0.9 $ 825.00 $ 412.$0 information Shest/Petilion Printing Material for Dishiballon by Pat'rtloners 568 1 $ 0.04 Provided by Client TShirts Hourly Staff Shirts 60 0 $ I6.50 S - Lanyards Validalion and Quality Conual -Willa Validation, Scanning, Visual QC Shifts - 1 1 $ 550,00 $ MUD Payroll Taxes & Costs, Payroll Tares, processing, Workers Comp, Insurance 1 1 S 137.5C S 137,50 GPS Tracking Phone Phone for Tratkrng, Communication, Safety, Real Time Data and QC a 1 5 198,00 $ 775.17 Nctary Public Notaries for CirculatorAffidavit 25 1 $ 11.00 $ 271.76. Background Checks aackground Checks for QC and Notary Staff 3 1 $ 27.50 $ 79.44 Patftlan Submission Security Guards, TrwgmIatiar, Fine) Turn in Expenses 1 1 S 27500 S 375.00 Validation Website and Voter sae Validation systems 1 1 $ 55D00 $ SSO.OD FWdwwks Management Fee Includes Principal Throe for Consulting and Management 1 1 S .5,000,00 $ 5,000,00 Program Manager Costs Principal Travel and Manage neot Costs 1 1 $ 550.00 $ 550.00 Prepared IW TiOdWork% LLC 10 5/4/2017 Exhibit Town of Firestone Public Services Contract Addendum Prohibition: Against'Employing Illegal Aliens Prohibition Against Employing Illegal Aliens_ Contractor shall not' knowingly employ or contract with an illegal alien to perform work under this contract. Contractor shall n6t'ehter into a contract with a subcontractor that fails to certify. to 'the Contractor than the subcontractor shal not knowingly employ or contract with an illegal alien'to perform work Linder this contract. Contractor will participate in either the E-verify program or the:Department program, as defined in C.R.S. § § 8-17.5-10] (3.3) and 8-17.5-141(3.7), respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. Contractor is prohibited from using; the E-verify program or the Department program procedures to undertake'prd-employment screening ofjob applicants while this contract is being performed. If Contractor obtains actual knowledge that a subcontractor performing' work under this contract for services knowingly employs or contracts with an illegal -alien, Contractor shall: a. Notify the subcontractor and the Town -within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien;,except that the Contractor 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. Contractor shall comply with any reasonable request by the Department of Labor and .Employment. made in the course of an.inyestigation tliatthe Department is undertaking pursuant to the authority established in C.R.S. §.8-17.5-102(5).. If Contractor violates a. provision of this Contract required pursuant to C:R.S. § 8-17.5402, Town may teriinate the contract for breach of contract. if the contract is so terminated, the Contractor shal l be liable for actual and consequential damages to the Town. Pre -Contract Certification in Compliance with C.R.S. Section 8-17.5-102(t) The undersigned hereby certifies asIollows: That at the time of 'providing this, certification,, the undersigned. does not knowingly employ or contract with an' illegal alieri; and that•,the Widersighed will participate in the E-Verify program. or the Department program, as defined in. C.R.S. § 8-17.5-10](3.3) and 8-17.5-101(3.7),. respectively, in order to confirm the employment: eligibility of all employees who are newly hired for employment to perform under the public contract for.services. Proposer: y Member 6/29/2017 Date 12 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 3.08.030 OF THE FIRESTONE MUNICIPAL CODE TO PROVIDE FOR THE EXPRESS EXEMPTION FROM SALES TAXATION SALES THAT BENEFIT A COLORADO SCHOOL AND SALES BY AN ASSOCIATION OR ORGANIZATION OF PARENTS AND TEACHERS OF PUBLIC SCHOOL STUDENTS THAT IS A CHARITABLE ORGANIZATION. WHEREAS, the Saint Vrain Valley School District has notified the Town that sales that benefit a Colorado school and sales by an association or organization of parent and teachers of public school students that is a charitable organization, are exempt from state sales tax and from sales tax in certain municipalities within the District but not others, including Firestone; and WHEREAS, Colorado state law requires such exemptions to be made by express inclusion in an ordinance or resolution; and WHEREAS, the Board of Trustees desires to amend the Firestone Municipal Code to exempt from sales tax sales that benefit a Colorado school and sales by an association or organization of parents and teachers of public school students that is a charitable organization; and WHEREAS, Section 3.08.030 of the Firestone Municipal Code contains citations to Colorado state statutes that have been repealed; and WHEREAS, the Board of Trustees desires to amend the Firestone Municipal Code to update citations to and track the language of Colorado state statutes; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN -OF FIRESTONE, COLORADO: Section 1. Section 3.08.030 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted are shown in setrt; words to be added are underlined): 3.08.030 - Applicability. This chapter shall take effeet july 1, 4 986, and shall apply to: A. A sales tax on the sales of tangible personal property, and services in the Town that are taxable pursuant to CRS 39-26-104, together with amendments thereto and subject to the same exemptions as those specified in GRS 39 26 44 part 7 of article 26 of title 39 CRS, excluding the exemption specified in CRS 39-26-715(l)(a)(II), but including: 1. The exemption of machinery or machine tools as provided in GRS 39 26 114(H) CRS 39-26-709(1), other than machinery or machine tools used in the processing of recovered materials by a business listed in the inventory prepared by the department of public health and environment pursuant „to CRS 30-20-122(1)(a)(V); and 2. The exemption for all sales of food as set forth in CRS 39 26 , , 4 (i)(a)(Xv) CRS 39-26-707(1)(e) and as defined in CRS 39-26-102(4.5); and 3. All sales of personal property on which a specific ownership tax has been paid or is payable shall be exempt from the sales tax when such sales meet both of the following conditions: a. The purchaser is a nonresident of or has his or her principal place of business outside of the local taxing entity, and b. Such personal property is registered or required to be registered outside the limits of the local taxing entity under the laws of this state; 4. The exemption for all sales that benefit a Colorado school as provided in CRS 39- 26-725, 5. The exemption for all sales by an association or organization of parents and teachers of public school students that is a charitable organization as provided in CRS 39-26-718(1)(c), 4- 661n addition, no sales tax shall apply to the sale of construction and building materials, as the term is used in CRS 39-26-109, if such materials are picked up by the purchaser and if the purchaser of such materials presents to the retailer a building permit or other documentation acceptable to such local government evidencing that a local use tax has been paid or is required to be paid; -5- 7. No sales tax shall apply to the sale of tangible personal property at retail or the furnishing of services if the transaction was previously subjected to a sales or use tax lawfully imposed on the purchaser or user by another statutory or home rule city and county, city or town. A credit shall be granted against the sales tax imposed by the subsequent statutory or home rule city and county, city or town with respect to such transaction equal in amount to the lawfully imposed local sales or use tax previously paid by the purchaser or user to the previous statutory or home rule city and county, city or town. The amount of the credit shall not exceed the sales tax imposed by the subsequent statutory or home rule city and county, city or town. Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. 2 Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repeated to the extent of such inconsistency or conflict. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty,, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this Oilday of _� 92017. T WN OF FIRESTONE, COLORADO Paul Sorensen Mayor ATTEST: 3 ORDINANCE NO. qV AN EMERGENCY ORDINANCE AMENDING CERTAIN PROVISIONS OF TITLE 2.OF THE FIRESTONE MUNICIPAL CODE REGARDING DUTIES OF THE TOWN TREASURER AND RELATED MATTERS WHEREAS, under Section 2.08.020 of the Firestone Municipal Code, a performance bond is required of the Treasurer, though such a bond is not mandatory under state law; and WHEREAS, the Board of Trustees desires to amend the Firestone Municipal Code to make the bond requirement discretionary, as permitted by state law; and WHEREAS, the Board of Trustees desires to amend the Firestone Municipal Code to clarify requirements therein for signatures upon checks or drafts drawn upon accounts of the Town; and WHEREAS, the Board of Trustees desires to amend and update certain other provisions in the Firestone Municipal Code in relation to the duties of the Treasurer. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.08.020 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted are shown in +ram; words to be added are underlined): 2.08.020 - Oath, bond. Before entering upon the duties of their respective offices, each person appointed to any office shall take and subscribe an oath or affirmation to support the Constitution of the United States and the state of Colorado and to faithfully perform the duties of the office upon which he or she is about to enter. The Board, in its sole discretion,_mshall require from the treasurer, and may require from such other officers as it determines proper, a bond, with proper penalty and surety, for the care and disposition of municipal funds in their hands and the faithful discharge of the duties of their offices. The oath, and, if required, the bond, when approved as aforesaid, shall be filed with the Town Clerk except any required of the Town Cleric which shall be filed with the Town Treasurer. Section 2. Section 2.16.010 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted are shown in stfikee ; words to be added are underlined): 2.16,010 - Duties—War-rantPayment process. It shall be the duty of the Town Treasurer to receive, receipt for 'and safely keep all moneys belonging to the Town and pay out of such moneys such sum or sums as may be ordered paid by the Board of Trustees;, and c-Checks or drafts drawn upon accounts of the Town shall be signed by two f the following +hr--- the Mayor, or the Mayor Pro Tem, and by one of 1 the following persons: the Town Clerk, or the Town Treasurer, or the Town Mana er ander- !he sea! of the Twhm; and shall state for what purpose the money was appropriated, the particular fund or appropriation to which the same is chargeable and the person to whom payable. The Town Treasurer shall: A. Keep the sum of each fund separately from others, charging each fund with all payments and crediting it with money received on account thereof; B. Keep a true and accurate account of all money belonging to the Town and report to the Board of Trustees in writing once a month at the r-eg ul.,« meeti ., and more often if required, all moneys received and paid out by the Town and the condition of each fund and all other business pertaining thereto; C. Keep all moneys belonging to the Town in the name of the Town on deposit in ab depositories designated by the Board of Trustees; and D. Keep all moneys belonging to the eerperatien Town separate and distinct from moneys of any other person or entity. The Town Treasurer is expressly prohibited from using, directly or indirectly, the eeFperatian Town money in the Town Treasurer's custody or keeping the same for personal use or benefit or that of any other person or persons. Any violation of this provision shall be grounds for immediate removal from office by the Board of Trustees, which is authorized to declare the office vacant; in which case, a successor shall be appointed who shall hold office for the remainder of the time unexpired of such officer so removed. Section 3. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. 2 INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this �0 day of , 2017. TOWN OF FIRESTONE, COLORADO pal Paul Sorensen Mayor ATTEST: F S T6 TOWN BED 10 ORDINANCE NO AN ORDINANCE APPROVING A WATER RIGHTS PURCHASE AND SALE AGREEMENT FOR THE PURCHASE OF SHARES OF THE NEW CONSOLIDATED LOWER BOULDER RESERVOIR AND DITCH COMPANY WHEREAS, the Town of Firestone, acting by and through its Town of Firestone Water Activity Enterprise, organized and existing as a "water activity enterprise" under C.R.S. 37-45.1- 101 et sea. (the "Town"), owns and operates a potable water system and related facilities; and WHEREAS, the Board of Trustees of the Town, which is the governing body of the enterprise (the "Board"), finds and determines that it is in the best interest of the Town and its citizens for the Town to pursue the purchase of additional water rights in order to expand the Town's water resources; and WHEREAS, for such purpose, there has been proposed a water rights Purchase and Sale Agreement with J. Harvey and Carol L. Yoakum, as seller, for the Town's acquisition of 3.97 Preferred Shares and 6.667 Common Shares of the New Consolidated Lower Boulder Reservoir and Ditch Company (the "Water Rights"); and WHEREAS, the Board by this ordinance desires to approve the Purchase and Sale Agreement, authorize its execution, and authorize other actions in connection with the acquisition of the Water Rights. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The foregoing recitals are incorporated herein and made a part of this ordinance. Section 2. The proposed Purchase and Sale Agreement between the Town of Firestone and J. Harvey and Carol L. Yoakum (the "Agreement"), for the Town's acquisition of 3.97 Preferred Shares and 6.667 Common Shares of the New Consolidated Lower Boulder Reservoir and Ditch Company ("the Water Rights"), is hereby approved in essentially the same form as the copy of such Agreement accompanying this Ordinance. The Board of Trustees hereby authorizes the purchase of the Water Rights in accordance with the terms and conditions of the Agreement, which are incorporated herein by reference. The total purchase price for the Water Rights and all rights appurtenant to the Water Rights shall be $1,580,000.00, and title to the Water Rights will be conveyed free and clear of all liens, encumbrances, assessments, and leases of any kind. Section 3. The Mayor and Town Clerk are hereby authorized to execute and deliver the Agreement on behalf of the Town; provided, however, that the Mayor is hereby further granted the authority to negotiate and approve such pre -execution and post -execution revisions and amendments to the Agreement 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 Agreement are not altered. The execution of the Agreement by the Mayor and Town Clerk shall be conclusive evidence of the approval by the Board, of the Agreement in accordance with the terms hereof and thereof. Section 4. The Mayor, Town Clerk and other officers, employees and agents of the Town are further authorized to execute and deliver all documents necessary in connection with the closing of the purchase of the Water Rights, and to do all things necessary on behalf of the Town to perform the obligations of the Town under the Agreement, including without limitation the execution and delivery of all documents necessary or required by the title company or ditch company in connection with the closing. Section 5. All actions heretofore taken (not inconsistent with the provisions of this ordinance) by the Board or the officers or agents of the Board or the Town relating to the Agreement are hereby ratified, approved and confirmed. Section 6. Town payment for the Water Rights shall be made in cash, certified funds or Town warrant, subject to the Agreement and to any necessary budgetary transfers or supplementary budgets and appropriations in accordance with State law. Such Town payment is subject to and conditioned upon satisfaction of all conditions and contingencies in the Agreement and the Town retains the right to terminate the Agreement as provided therein in the event any conditions or contingencies are not satisfied, including without the limitation the loan funding contingency therein. Section 7. Nothing in this ordinance is intended to nor should be construed to create any multiple -fiscal year direct or indirect Town debt or fiscal obligation whatsoever. Section 8. if any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. INTRODUCED, READ, PASSED ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this ` day of PV V0A , 2017. RESTO .TOWN , ; T: MC) g o �T Carissa Medina, Town Clerk 4 TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor PURCHASE AND SALE AGREEMENT (Water Rights) This Purchase and Sale Agreement ("Agreement") is entered into this day of 12017 by and between the J. HARVEY AND CAROL L. YOAKUM ("Seller"), as joint tenants and the TOWN OF FIRESTONE, a Colorado statutory town ("Buyer"). Seller and Buyer may be referred to individually as a "Party" or collectively as "Parties." RECITALS WHEREAS, Seller owns and wishes to convey certain water rights as described below to Buyer; and WHEREAS, Buyer desires to acquire said water rights pursuant to the terms and conditions contained hereafter; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties hereby agree as follows: 1. Description of Water Rights. Seller is the owner of 3.97 Preferred Shares of New Consolidated Lower Boulder Reservoir and Ditch Company ("Lower Boulder Ditch Company") represented by certificate number P85, hereinafter referred to as the "Preferred Shares," and 6.667 Common Shares of the New Consolidated Lower Boulder Reservoir and Ditch Company represented by certificate no. C127, hereinafter referred to as "Common Shares" collectively referred to as "Water Rights." 2. Purchase Price. The Purchase Price for the Water Rights and all rights appurtenant to the Water Rights shall be $1,580,000.00. An Earnest Money payment equal to twenty percent (20%) or $316,000.00 shall be paid by Buyer upon execution of this Agreement and shall be held in earnest by Fidelity National Title Company according to the Closing Instructions in the form of. Attachment A. The Earnest Money shall be disbursed and credited to the total Purchase Price and the remaining $1,264.000.00 shall be due at closing. Each Party shall pay half of any closing, settlement, and/or recording fees. 3. Effective Date. The "Effective Date" of this Agreement shall be the date on which Seller gives written notice to Buyer that the Lower Boulder Ditch Company Board has voted not to exercise its Right of First Refusal to purchase the Water Rights. 4. Warranty of Title. Seller warrants that title to the Water Rights will be conveyed free and clear of all liens, encumbrances, assessments, and leases of any kind. Seller agrees Page t of 5 to warrant and forever defend the Buyer against all and every person claiming any interest in the Water Rights. This warranty shall survive the closing of the transaction and continue in full force and effect subsequent to such closing. Subject to payment as above provided, and in compliance with the other terms and conditions by Buyer, Seller shall execute and deliver a Special Warranty Deed for the Water Rights to Buyer at the date of closing. If title to the Water Rights is not merchantable and notice of the defect(s) is given by Buyer or Buyer's agent to Seller or Seller's agent on or before closing and such title shall not be rendered merchantable within 30 days of such notice, then this Agreement, at Buyer's option, shall be void and of no effect and each Party shall be released from all obligations hereunder and any Earnest Money paid hereunder shall be returned to Buyer. 5. Due Diligence. Buyer shall have 56 days following the Effective Date of this Agreement ("Due Diligence Period") to terminate this Agreement if Buyer is dissatisfied with the Water Rights to be acquired hereunder for any reason. It shall be conclusively presumed that Buyer is satisfied with the Water Rights if Buyer fails to send written notice to Seller to the contrary on or before the expiration of the Due Diligence Period. If Buyer sends notice of its dissatisfaction with the Water Rights, Seller shall have 10 days following actual receipt of such notice of dissatisfaction to either to (1) give notice that Seller elects to cure some or all of the issues described in the notice, or (2) give notice that Seller elects not cure such issues. If Seller elects not to cure all such issues Buyer shall have as its exclusive remedies, the right to terminate this Agreement, or to waive any issues Seller has elected not to cure. If this Agreement is terminated for Seller's failure to cure the issues described in Buyer's notice, all Earnest Money shall be returned to Buyer. 6. Assessments. All assessments levied by the Lower Boulder Ditch Company for year 2017 shall be paid by Seller. Assessments for the year 2018 and future years shall be paid by Buyer. 7. Transfer Fee. Any fees imposed by Lower Boulder Ditch Company to complete the transfer of the Water Rights shall be paid by Buyer. 8. Delivery of Stock Certificate. Possession of the original certificate(s) evidencing ownership of the Water Rights shall be delivered to the Buyer at the time of closing together with properly executed and notarized assignments, Special Warranty Deed and any and all other documents necessary to effectuate the transfer of the Water Rights from Seller to Buyer. Page 2 of 5 9. Closiniz. The closing for the purchase and sale of the Water Rights will take place on or before a date which is 77 days after the Effective Date of this Agreement at the offices of Fidelity National Title Company in Longmont Colorado or at such other location as may be mutually agreed upon by the parties. 10. Default. Time is of the essence herein and if any payment or any other condition thereof is not made, tendered or performed by either party, then this Agreement, at the option of the Party who is not in default, may be terminated in which case the non - defaulting party may recover such damages as may be proper. In the event of such default by Seller, where Buyer elects to treat the Agreement as terminated, then all payments made herein shall be returned to Buyer. In the event of such default by Seller, where Buyer elects to treat this Agreement as being in full force and effect, the Buyer shall have the right to an action for specific performance and damages. In the event of such default by Buyer, where Seller elects to treat the Agreement as terminated, then all payments made hereunder shall be forfeited and retained on behalf of Seller. 11. Historical Use. As further consideration, within 21 days after the Effective Date of this Agreement, the Seller, or Seller's agent, agrees to meet with Buyer's attorney and/or engineers for the purpose of providing Buyer any and all affidavits, prior to the time of closing, stating the manner in which the Water Rights have been used by Seller or its predecessors in title, identifying which acreage has been historically irrigated with the Water Rights represented by the shares, the method of irrigation and what crops have historically been irrigated on the acreage with the Water Rights. Furthermore, Seller agrees to provide Buyer with and assist Buyer in obtaining any other necessary information showing the historical use of the Water Rights subject to this contract to sole satisfaction of Buyer. Seller, or Seller's agent agrees to cooperate and participate in good faith with any requests necessary to complete any Catlin approval process of the Lower Boulder Ditch Company or any court proceedings as may be required to change the use of the shares. 12. Dry -up Covenants. As further consideration, the Seller shall provide Buyer, before the date of closing, executed dry up covenants in a form acceptable to Buyer, for the lands historically irrigated by the Water Rights. Seller warrants that the all liens or encumbrances on property are subordinate to the provided dry up covenants and shall be responsible for acquiring all necessary agreements to ensure any liens or encumbrances are subordinate to the dry up covenants or shall otherwise prove that the dry up has been physically accomplished via development to the satisfaction of Buyer. Seller shall be responsible for any revegetation of the property historically irrigated by the Water Rights to the extent that is necessary. Page 3 of 5 13. Contingencies; Delivery & Consumptive Use. This contract is contingent upon Seller providing Buyer the information in paragraphs 11 and 12 for purposes of review by Buyer's water engineer and attorney, and a determination by Buyer that there is adequate consumptive use transferable for the agreed price. This contract shall be contingent on any diversion structures, storage structures or other devices necessary for the delivery and use of this water being in undamaged and in good working condition, This Contract is contingent upon Seller executing or obtaining a dry up agreement, at closing, in a form acceptable to Buyer. This Contract is contingent on Buyer obtaining an Agreement from the Lower Boulder Ditch Company and/or the Coal Ridge Ditch Company for a headgate, ingress and egress to the same and a ditch to allow delivery of the shares to Boulder Creek, Saint Vrain Creek or any of its tributaries. This Contract shall be contingent on Buyer's receipt of a written commitment for a loan from the Colorado Water Conservation Board (CWCB) or such other financial institution as selected by Buyer. This Contract is also contingent on Lower Boulder Ditch Company's Board voting not to exercise its right of first refusal, and authorizing the sale contemplated by this Contract. Should any of the contingencies herein not be met between the date of this contract and the date of closing, this contract may, at the option of the Buyer, be declared null and void and any Earnest Money paid shall be immediately returned to Buyer. 14. Notices. All notices and operational communications under this agreement shall be in writing except as otherwise provided for in this Agreement. All such notices and communications shall be deemed to have been duly given on the date of service, if delivered and served personally, or served via e-mail on the person to whom notice is given. All Notice shall be delivered by US Mail to the following addresses unless otherwise agreed upon by the Parties: Buyer: Town of Firestone Attn: Julie Pasillas PO Box 100 Firestone, CO 80520 Seller: J. Harvey Yoakum 14707 N. 95`h St. Longmont, CO 80504-8006 Page 4 of 5 15. Entire Agreement. This Agreement represents the complete agreement between the Parties and no oral modification shall be recognized. Any amendment or additions shall be made in writing signed by both parties. 16. Survival of Closing. The representations, warranties and indemnities made by the parties to this contract and the covenants and agreements to be performed or complied with by the respective parties under this contract before the closing date shall be deemed to be continuing and shall survive the closing. 17. Bindin Ems. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, administrators, successors and assigns. 18. Jurisdiction and Venue. This Agreement shall be governed and its terms construed under the laws of the State of Colorado and venue shall be in the County of Weld. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first above written BUYER: SELLER: TOWN OF FIRESTONE J. HARVEY AND CAROL L. YOAKUM, as joint tenants BI Title J. Harvey Yoakum Carol L. Yoakum Page 5 of 5 ATTACHMENT A CLOSING INSTRUCTIONS 1. Parties. Harvey and Carol Yoakum, as joint tenants ("Seller") and the Town of Firestone ("Buyer"), engage Fidelity National Title Company, ("Closing Company"), who agrees to provide closing and settlement services in connection with the Closing of the transaction for the sale and purchase of the Water Rights known as New Consolidated Lower Boulder Reservoir and Ditch Company shares, Certificate Nos. P85 and C127. 2. Recording. Closing Company is authorized to deliver and record all documents required or customarily recorded, and disburse all funds pursuant to the Contract that are necessary to carry out the terms and conditions of the Contract. 3. Closing Fee. Closing Company will receive a fee of $ for providing closing and settlement services (Closing Fee). 4. Release, Disbursement. Closing Company is not authorized to release any signed documents or things of value prior to receipt and disbursement of Good Funds, except as provided in §§8, 9 and 10. 5. Disburser. Closing Company shall disburse all funds. 6. Seller's Net Proceeds. Seller will receive the net- proceeds of Closing by wire transfer specified by Seller on or before Closing. 7. Closing Statement. Closing Company will prepare and deliver an accurate, complete and detailed closing statement to Buyer and Seller at time of Closing. 8. Failure of Closing. If Closing or disbursement does not occur on or before Closing Date set forth in the Contract, Closing Company, except as provided herein, is authorized to return all documents, monies, and things of value to the depositing party, upon which Closing Company will be relieved from any further duty, responsibility or liability in connection with these Closing Instructions. 9. Return of Earnest Money. Except as otherwise provided in §10, Earnest Money Dispute, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder shall release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money shall be made within five days of Earnest Money Holder's receipt of the written instructions signed by both Buyer and Seller, provided the Earnest Money check has cleared. 10. Earnest Money Dispute. In the event of any controversy regarding the Earnest Money (notwithstanding the termination of the Contract), Earnest Money Holder shall not be required to take any action. Earnest Money Holder, at its option and sole subjective discretion, has several options: (1) await any proceeding, (2) interplead all parties and deposit Earnest Money into a court of competent jurisdiction and shall recover all court costs and reasonable attorney and legal fees, or (3) provide notice Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder's notice to the parties, Earnest Money Holder shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit, and has not interpled the monies at the time of any Order, Earnest Money Holder shall disburse the Earnest Money pursuant to the Order of the Court. 11. Subsequent Amendments. Any amendments to, or termination of, these Closing Instructions must be in writing and signed by Buyer, Seller and Closing Company. 12. Counterparts. This document may be executed by each party, separately, and when each party has executed a copy, such copies taken together shall be deemed to be a full and complete contract between the parties. BUYER: SELLER: TOWN OF FIRESTONE J. HARVEY AND CAROL L. YOAKUM, Title CLOSING COMPANY: FIDELITY NATIONAL TITLE COMPNAY Title as joint tenants J. Harvey Yoakum Carol L. Yoakum ORDINANCE NO. q 0 5 AN ORDINANCE TO APPLY AND CONTRACT FOR BENEFICIAL USE OF WATER ON BEHALF OF THE TOWN OF FIRESTONE, A MUNICIPAL CORPORATION, AND PRESCRIBING THE TERMS FOR APPLICATION FOR AN ALLOCATION OF THE RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER TO SAID TOWN OF FIRESTONE BY NORTHERN COLORADO WATER CONSERVANCY DISTRICT. WHEREAS, under the Water Conservancy Act of Colorado, Title,37, Article 45, Colorado Revised Statutes of 1973, it is necessary that the Board of Trustees of the Town of Firestone, a Colorado municipal corporation, in order to obtain the perpetual right to use Colorado -Big Thompson Project water on an annually renewable basis under C.R.S. 37-45-131 within the boundaries of theNorthem Colorado Water Conservancy District, contract for the beneficial use of water from Northern Colorado Water Conservancy District, and the Town by this ordinance desires to authorize and direct the Mayor and Town Clerk to apply to the Board of Directors of said District for such water contract. NOW, THEREFORE, BE 1T ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1: That the Town of Firestone has determined to apply for a contract providing for the beneficial use of One 1 acre-feet of water from Northern Colorado Water Conservancy District within the boundaries of the Northern Colorado Water Conservancy District. Section 2: That the Mayor and Town Clerk be and are hereby authorized and directed to apply to the Board of Directors of said Northern Colorado Water Conservancy District for a contract providing to the Applicant the beneficial use of water upon terms prescribed by said Board in the manner and form as in this section provided, to -wit: APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR ANNUALLY RENEWABLE PERPETUAL WATER CONTRACT FOR RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER UNDER C.R.S. 37-45-131 Applicant, Town of Firestone, a Colorado municipal corporation, acting as ovg eminZ bodes a water activity enterprise, hereby applies to Northern Colorado Water Conservancy District (hereinafter "Northern Water"), a political subdivision of the State of Colorado, organized and existing by virtue of Title 37, Article 45, Colorado Revised Statutes, for a contract for the right to beneficially use Colorado -Big Thompson Project water under the following terms and conditions: 1. The quantity of water herein requested by Applicant for annual application to beneficial use is One 1 acre-feet to be used so long as the Applicant fully complies with all of the terms, conditions, and obligations hereinafter set forth. 2. It is understood and agreed by the Applicant that any water provided for use under this contract by the Board of Directors of Northern Water shall be primarily for domestic, irrigation, or industrial use within or through facilities or upon lands owned or served by said Applicant, provided however, that all lands, facilities, and serviced areas which receive benefit from the use of water (whether water service is provided by direct delivery, by exchange, or otherwise) shall be situated within the _boundaries of Northern Water. 3. Applicant agrees that an acre-foot of water as referred to herein is defined as being one - three -hundred -ten thousandth (1/310,000) of the quantity of water annually declared by the Board of Directors of Northern Water to be available for delivery from the water supplies of the Northern Water. Applicant agrees that such water shall be delivered from the works of the Northern Water at such existing Northern Water delivery point or points as may be specified by the Applicant and that the water delivery obligation of Northern Water shall terminate upon release of water from said works. Further, the Applicant agrees that on November 1 of each year, any water undelivered from the annual quantity made available to the Applicant shall revert to the water supplies of Northern Water. 4. Applicant agrees to pay annually in advance for the amount of water.herein provided for use under this contract by the Board of Directors of NorthernWater at a price per acre-foot to be fixed annually by said Board; and, further, agrees that the initial annual payment shall be made, in full, within fifteen (15) days after the date of notice from Northern Water that the initial payment is due hereunder. Said notice will advise the Applicant, among other things, of the water year to which the initial payment shall apply and the price per acre-foot which is applicable to that year. Annual payments for each water year thereafter shal I be made in advance by the Applicant on or before each October 1, 31 days prior to the start of the water year, at the rate per acre-foot established by the Board for municipal water use in that water year. For the purpose of this water contract, the water year is defined to be .from November l to October 31 of the following year. If an annual payment as herein provided is -not made by due date, written notice thereof, by certified mail, will be given by Northern Water to the Applicant at the following address: P. 0. Box 100, Firestone, CO 80520. Water deliveries shall be suspended as of November 1 of the new water year until payment of the delinquency is made. if payment is not made within ninety (90) days after the date of mailing of said written notice, Applicant shall have no further right, title, or interest under this contract; and the right of use of water as herein made, shall be disposed of at the discretion of the Board of Directors of Northern Water. Any proceeds from any sale of the right of use to another allottee shall be paid to Applicant over and above Northern Water's actual expense in terminating and disposing of the contract right of use. 2 5. This right of use shall be perpetual on an annually. renewable basis. If the annual payment is made as provided in this application, the right of use shall be automatically renewed another water year without any further action of Northern Water; if the annual payment is not timely made, as provided above, the right of use shall terminate. 6. Applicant agrees that the water allocation shall be beneficially used for the purposes and in the manner specified herein, and that this right of use is made for the exclusive benefit of the Applicant and shall not inure to the benefit of any successors or assigns of said Applicant without prior specific approval of the Board of Directors of Northern Water. 7. Applicant agrees to be bound by the provisions of the Water Conservancy Act of Colorado; the rules, regulations and policies of the Board of Directors of Northern Water as they may now exist or as they exist in the future; and by the Repayment Contract of July 5, 1938, between Northern Water and the United States and all amendments thereof and supplements thereto. 8. Applicant agrees, as a condition of this contract, to enter into an "Operating Agreement" with Northern Water if and when the Board of Northern Water finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by Northern Water. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard contracts of Northern Water; additional annual monetary consideration for extension of Northern Water delivery services and for additional administration, operation and maintenance costs; or for other costs to Northern Water which may arise through provision of services to the Applicant. Section 3: In the opinion of the Board of Trustees of the Town of Firestone, acquisition of this annually renewable perpetual right of use water contract for the Colorado -Big Thompson Project water from Northern Water and the right to the beneficial use of water thereunder by said Town of Firestone is necessary; the continued acquisition and use of this water supply is essential for the well- being of the community and for the preservation of the public peace, health, and safety; and the adequate protection of the health of the inhabitants of the community. Section 4: The Mayor and Town Clerk are hereby authorized to execute on behalf of Applicant all Application materials and other documents necessary to effect the contract herein specified. .Passed and adopted, signed and approved this day of aA.D., 2017. TOWN OF FIRESTONE. By: - Paul Sorensen, Mayor ATTEST: (SEAL) ro r•�' `WN ) issa edina, Town Clerks' Qo= ,/&�Northern Water Northern Colorado Water Conservancy District 220 Water Avenue Berthoud, Colorado 80513 Phone 1-800-369-7M6 • Fax 1-877-851-0018 www.northernwater.org December 23, 2016 Ms, Julie Pasillas Utility Technician Town of Firestone P.O. Box 100 Firestone, CO 80520 Dear Julie: On January 10, 2003, the Board of Directors of the Northern Colorado Water Conservancy District (Northern Water) approved a policy regarding the conversion of Temporary Use Permits. This policy no longer allows the renewal of the Temporary Use Permits. Therefore, all cutfent Temporary Use Permits must be converted to the permanent Section 131 Contract by March 1, 2017, which is also the date of expiration of the Town of Firestone's Temporary Use Permit. Enclosed are the applications needed to convert the Town of Firestone's one acre-foot unit of Colorado -Big Thompson Project water from the Temporary Use Permit to the Section 131 Annually Renewable Water Contract. The Section 131 Contract is essentially a continuously renewed 1-year contract. Section 131 Contracts do not require that the municipality approve the contract by ordinance, but instead by whatever means the municipality believes is legally necessary to make the contract binding on the municipality (typically determined by the municipal attorney). Northern Water will accept either an ordinance or a resolution, depending on the municipal attorney's opinion as to which action is required to make the contract binding on the municipality. The executed applications must be in our office no later than March 1, 2017, If you have any questions, or need assistance in completing the applications, please feel free to give me a call at (970) 622-2217. Sincerely, Ahe asmussen Allotment Contract Specialist sr. Enclosures By Certified Mail, Return Receipt Requested APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR CANCELLATION OF TEMPORARY USE PERMIT The Town of Firestone hereby applies for the cancellation of the following Temporary Use Permit: Permit Dated Acre -Feet December 8, 2016 01 Total Quantity to be Released OI Dated at Firestone, Colorado this day of , 20 TOWN OF FIRESTONE ATTEST: By. ..(SEAL) ORDER ON APPLICATION Application having been made by the Town of Firestone for the cancellation ofthe above Temporary Use Permit, and Hearing having been held by the Board of Directors of Northern Colorado Water Conservancy District, it is hereby ORDERED that the above Temporary Use Permit be canceled. Dated the day of , 20 NORTHERN COLORADO WATER CONSERVANCY DISTRICT ATTEST: President Secretary APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR ANNUALLY RENEWABLE PERPETUAL WATER CONTRACT FOR RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER UNDER C.R.S. 37-45-131 Applicant, Town of Firestone, a Colorado municipal corporation acting in its governmental capacity or a water activity enterprise (circle capacity in which applicant is acting), hereby applies to Northern Water, a political subdivision of the State of Colorado, organized and existing by virtue of Title 37, Article 45, Colorado Revised Statutes, for a contract for the right to beneficially use Colorado -Big Thompson Project water under the following terms and conditions; 1. The quantity of water herein requested by Applicant for annual application to beneficial use is one acre-foot to be used so long as the Applicant fully complies with all of the terms, conditions, and obligations hereinafter set forth. 2. It is understood and agreed by the Applicant that any water provided for use under this contract by the Board of Directors of Northern Water shall be primarily for municipal, domestic, irrigation,. or industrial use within or through facilities or upon lands owned or served by said Applicant, provided however, that all lands, facilities, and serviced areas which receive benefit from the use of water (whether water service is provided by direct delivery, by exchange, or otherwise) shall be situated within the boundaries of Northern Water: 3. Applicant agrees that an acre-foot of. water as referred to herein is defined as being one -three -hundred -ten -thousandth (1/310,000) of the quantity of water annually declared by the Board of Directors of Northern Water to be available for delivery from the water supplies of Northern Water. Applicant agrees that such water shall be delivered from the works of Northern Water at such existing Northern Water delivery point or points as may be specified by the Applicant and that the water delivery obligation of Northern Water shall terminate upon release of water from said works. Further, the Applicant agrees that on November 1 of each year, any water undelivered from the annual quantity made available to the Applicant shall revert to the water supplies of Northern Water. 4. Applicant agrees to pay annually in advance.for the amount of water herein provided for use under this contract by the Board of Directors of Northern Water at a price per. acre-foot to be fixed annually by said Board; and, further, agrees that the initial _ annual. payment shall be made, in full,.within fifteen (15) days after the date of notice from Northern Water that the initial payment is due hereunder. Said notice will advise the Applicant, among other things, of the water year to which the initial payment shall apply and the price per acre-foot which is applicable to that year. Annual payments for each water year thereafter shall be made in advance by the Applicant on or before each October 1, 31 days prior to the start of the water year, at the rate per acre-foot established by the Board for municipal water use in that water year. For the purpose of this water contract, the water year is defined to be from November 1 to October 31 of the following year. If an annual payment as herein provided is not made by due date, written notice thereof, by certified mail, will be given by Northern Water to the Applicant at the. following address: P.O. Box 100, Firestone, Colorado 80520. Water deliveries shall be suspended as of November 1 of the new water year until payment of the delinquency is made. If payment is not made within ninety (90) days after the date of mailing of said written notice, Applicant shall have no further right, title, or interest under this contract; and the right of use of water as herein made, shall . be disposed of at the discretion of the Board of Directors of Northern Water. Any proceeds from any sale of the right of use to another allottee shall be paid to Applicant over and above Northern Water's actual expense in terminating and disposing of the contract right of use, 5. This right of use shall be perpetual on an annually renewable basis. If the annual payment is made as provided in this application, the right of use shall be automatically renewed another water year without any further notice of Northern Water; if the annual payment is not timely made, as provided above, the right of use shall terminate. 6. Applicant agrees that the water allocation shall be beneficially used for the purposes and in the manner specified herein, and that this right of use is made for the exclusive benefit of the Applicant and shall not inure to the benefit of any successors or assigns of said Applicant without prior specific approval of the Board of Directors of Northern Water. 7. Applicant agrees to be bound by the provisions of the Water Conservancy Act of Colorado; the rules, regulations and policies .of the Board of Directors of Northern Water as they now exist or as they exist in the future; and by the Repayment Contract of July 5, 1938, between Northern Water and the United States and all amendments thereof and supplements thereto. 8. Applicant agrees, as a condition of this contract, to enter into an "Operating Agreement" with Northern Water if and when the Board of Northern Water finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by Northern Water. Said agreement; may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard contracts of Northern Water; additional annual monetary consideration for extension of Northern Water delivery services and for additional administration, operation and maintenance costs; or for other costs to Northern Water which may arise through provision of services to the Applicant. 9. Acquisition of this annually, renewable perpetualright of use water contract for the Colorado -Big Thompson Project water from Northern Water and the right to the beneficial use of water thereunder by the Applicant is necessary; the continued acquisition and use of this water supply is essential for the well-being of the community and for the preservation of the public peace, health, and safety; and the adequate protection of the health of the inhabitants of the community. 10. The governing body of Applicant has duly approved this Application in accordance with all legally required procedures. Signed this day of , A.D., TOWN OF FIRESTONE ORDER ON APPLICATION Application having been made by or on behalf of all parties interested in this allocation of the right to use Colorado -Big Thompson Project water and after a Hearing by the Board, it is hereby ORDERED that the above application be granted and an allotment contract for one acre-foot of water is hereby made to the Town of Firestone, a Colorado municipal corporation, for the beneficial uses set forth in said application upon the terms, conditions, and manner of payment as therein specified. NORTHERN COLORADO WATER CONSERVANCY DISTRICT By President I hereby certify that the above Order was entered by the Directors of Northern Colorado Water Conservancy District on the day of , A.D., ATTEST: Secretary i