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1974-1979Ordinances 1974 -1979 60-125 Ordinances 1974-1979 60-125 ORDINANCE NO. AN ORDINANCE REQUIRING THE LICENSING OF CERTAIN CONTRACTORS, SUBCONTRACTORS, AND TRADESMEN AS DEFINED IN THIS ORDINANCE, AND PROVIDING PENALTIES FOR VIOLATION THEREOF. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE- STONE, COUNTY OF WELD, STATE OF COLORADO: Chapter 3. Building Regulations. PART VI. LICENSES AND FEES FOR CONTRACTORS, SUBCONTRACTORS, AND TRADESMEN. Section 3-77-LICENSES. It shall be unlawful for any person, partnership, as- sociation, firm, corporation, or other entity to engage in the business of contracting, subcontracting, or as a trades- man as defined herein in the Town of Firestone without having first obtained a license therefor as provided herein&fter. Section 3-78. DEFINITION. The term contractor, subcontractor, and tradesman shall mean and include anyone engaged in the business, trade,cal- ling, work, or occupation as listed in Section 3-79. Section 3-79. LICENSE FEES. The license fee to be charged for each category of con- tractor, subcontractor, and/or tradesman are listed below. Said license fee shall be for the calendar year or any por- tion thereof and shall not be prorated. Licenses are not assignable or transferable and shall be renewable only upon the submission of a new application in each calendar year and providing that all of the current requirements for said license are fulfilled. The license fee shall be tendered with the application to the Town Clerk of the Town of Fire- stone and in no case shall a license be issued until the required fee has been paid and until all other requirements of the license as defined herein have been met. LICENSE CATEGORY 1. General Building Contractor ($1,000.00 and up) 2. Building contractor; subcontractor,· or tradesman a. Lathing, plaster, drywall b. Roofing and waterproofing c. Masonry d. Well drilling e. Excavating f. Concrete g. Foundations and caissons h. Moving i. Swimming pool A B LICENSE FEE $50.00 $10.00 j. Structural and miscellaneous iron k. Welders 1. Plumbers m. Hot water n. Pipeline 3. Contractor, subcontractor, or tradesman a. Siding b. Fencing c. Glass and glazing d. Patio and awning e. Skirting for mobile homes f. Temperature controls g. Tile setting h. Wrecking contractor i. Asphalt j. Painting k. Insulators 1. Ditching m. Grading n. Drainlayers o. Sodlayers p. Gutter installation q. Signs r. Electrical signs s. Sprinkler systems t. Alarms u. Fire protection C Section 3-80. OTHER LICENSE REQUIREMENTS. $ 5.00 Each person, partnership, firm, association, corpora- tion, or other entity performing any work regulated by this Ordinance shall furnish proof of a valid and current insur- ance policy providing for the following minimum coverage: General liability coverage of not less than FIFTY THOUSAND AND N0/100 ($50,000.00} DOLLARS for injury or death to one person and ONE HUNDRED THOUSAND AND N0/100 ($100,000.00) DOLLARS for injury to or death of more than one person in any single accident or event and for not less than TWENTY- FIVE THOUSAND AND N0/100 ($25,000.00) DOLLARS for damages to or destruction of property. The licensee shall keep said policy in force at all time~ in order to maintain a current Town of Firestone license and said licensee shall exhibit said policy to any Town of Firestone official upon request. Section 3-81. SUSPENSION OR REVOCATION OF LICENSE. The Mayor, upon the recommendation of the Building In- spector of the Town of Firestone, may recommend to the Board of Trustees the suspension or revocation of any license is- sued hereunder for the following reasons: unworkmanlike, careless, or wreckless work; violation of or disobedience to the building code, plumbing code, mechanical code, elec- trical code, or any other applicable Ordinance of the Town of Firestone; violation of any applicable federal, state, and/or county law or regulation. The period of suspension or revocation shall be determined by the Board of Trustees of the Town of Firestone. Provided, however, that no li- cense shall be suspended or revoked until said licensee -2- shall be given notice of the date, time, and place of the hearing, together with the alleged violation or violations with which the licensee has been charged and the fact that the licensee may be present and will have an opportunity to be fully heard. Said notice shall be given at least SEVEN (7) days prior to the hearing date and shall be sent by certified mail with a return receipt requested to the ad- dress as set forth on the licensee's application. Section 3-82. PENALTY. Any person, partnership, firm, association, corpora- tion, or other entity violating any of the provisions of this Ordinance and upon conviction, shall be punished by a fine of not more than THREE HUNDRED AND N0/100 ($300.00) DOLLARS or by imprisonment of not more than NINETY (90) days or both. Each and every day, or portion thereof, during which any violation is committed, or continued, shall be deemed a separate offense and the fine and im- prisonment, or both, as provided herein, may be imposed for each offense. Section 3-83, EMERGENCY. The Board of Trustees hereby declares and finds that an emergency exists and that this Ordinance is necessary for the immediate protection and preservation of the public health, safety, convenience, peace, and general we~fare and it is enacted for that purpose and shall be in full force and effect FIVE (5) days after its passage and final publi- cation. Section 3-84. VALIDITY. Should any section, clause, or provision of this Ordi- nance be declared by any Court of competent jurisdiction, to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. Section 3-85, REPEAL. All Ordinances or part of Ordinances in conflict here- with are hereby repealed. of of Approved, adopted and ordered published Try.stees of the Town of Firestone on the 11'._~J~ , 197 4. by the Board ;l.3 day Adam LePore, Mayor ATTEST: Published in the Farmer and Miner on the ____ day of -----------, 19 -3- ORDINANCE NO. 1..-/ AN ORDINANCE SETTING THE ANNUAL SALARY AND PAYMENT THEREOF OF THE MUNICIPAL JUDGE OF THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO. Section 1. Annual Salary The annual salary of the Municipal Judge of the Town of Firestone shall be set at the sum ofQtX· HUNDRED AND N0/100 (f66-Qj)_9J) DOLLARS. Section 2. Monthly Increments Said annual salary shall be payable in monthly incre- ments of FIFTY AND NO/100 ($50.00) DOLLARS, each and every month of the year. Section 3. Salary Not Based On Number of Cases Said annual salary or increments thereof shall in no way be directly or indirectly based upon the number of in- dividual cases handled or heard by said Municipal Judge. Section 4. Repeal of Inconsistent Ordinances All Ordinances, resolutions, and Motions of the Board of Trustees of the Town of Firestone or parts thereof, in conflict with the provisions of this Ordinance, are to the extent of such conflict hereby superseded and repealed. Section 5. Severability The sections of this Ordinance are hereby declared to be severable, and if any section, provision, or part there- of shall be held unconstitutional or invalid, the remainder of this Ordinance shall continue in full force and effect, it being the legislative intent that this Ordinance would have been adopted even if such unconstitutional or invalid matter had not been included therein. It is further de- clared that if any provision or part of this section, or the application thereof to any person or circumstances, is held invalid, the remainder of this Ordinance and the ap- plication thereof to other persons shall not be effected thereby. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preservation of the public health, safety, convenience, and general welfare, and it is enacted for that purpose and shall be in full force and effect FIVE (5) days after its passage and final pub- lication. Approved, adopted, and ordered published by the Board of Trustees of the Town of Firestone on the 25th day of February, 1975. Ad~~ ATTEST: -~; h..,.,..,_.:az.; Cj2__,__e__, Minn\..tte Paul, Town Clerk ORDINANCE NO. AN ORDINANCE PERTAINING TO AMENDMENT OF THE REGULATIONS THAT SHALL GOVERN ALL FENCES NOW EXISTING OR TO BE CONSTRUCTED WITHIN THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO: Chapter 3. Building Regulations. PART I. BUILDING CODE. Section 3-2.1 3-2.1. Fences. 3-2 .1. Fences. A. There shall be no railroad tie, barbed wire, electric wire, tin or sheet metal fences constructed within the Town of Firestone, except that in districts zoned for industrial or commercial usage, barbed wire may be allowed as a topping for woven wire industrial type fences, provided the barbed wire shall be no closer than SIX (6) feet from ground level. B. No fence shall be erected or constructed or permitted until a plan thereof has been presented to, and approved by the Building In- spector and a permit has been issued in the manner now provided for the issuance of building permits. c. Except in districts zoned for business, commercial or industrial use, no fence, wall or other construction shall be constructed between the street line and the front set back line on any street, except it shall be permissible to construct a fence of chain link, picket, ornamental iron, and split rail and in such manner that visibility through said fence shall not be less than FIFTY (50%) per cent, said fence not to exceed FORTY-TWO (42) inches in height from ground level. In the excepted districts woven wire industrial type fences shall be allowed to a height not exceed- ing SIX (6) feet.' D. On any reverse corner lot, no fence shall be constructed between the street line and the front set back line of the adjacent residents whose side ya'rd is the rear line of the corner lot, that shall exceed FORTY-TWO (42) inches in height from ground level and that does not permit visibility through said fence of at least FIFTY (50%) per cent and that is not of chain link, picket, ornamental iron, or split rail. E. The term "reverse corner lot" shall mean a corner lot having its side street line substantially a continuation of the front lot line of the first lot to its rear. F. On all corner lots within any residence zones, no fence, wall, shrubbery, or sign shall be erected, placed, planted, or allowed to grow or maintained within the triangular yard space formed by the intersection of the center lines of the intersecting streets and a line joining points on said street lines SIXTY (60) feet from the point of intersection of the street center lines. G. Except as hereinabove set forth, fences shall be permitted that do not exceed SIX (6) feet in height. .• H. The Building Inspector, at his discretion, may require a gate or gates to be placed in any fence constructed in conformance with this Code for the purpose of providing access for fire protection, for meter reading, or for the use and maintenance of any existing easement, and said Building Inspector is further authorized to promulgate such rules as to the location of any such gate or gates. I. All Ordinances, Resolutions, and Motions of the Board of Trustees of the Town of Firestone or parts thereof, in conflict with the provisions of this Ordinance, are to the extent of such conflict hereby superseded and repealed. J. The sections of this Ordinance are hereby declared to be severable, and if any section, provision, or part thereof shall be held un- constitutional or invalid, the remainder of this Ordinance shall continue in full force and effect, it being the legislative intent that this Ordinance would have been adopted even if such uncon- stitutional or invalid matter had not been included therein. It is further declared that if any provision or part of this section, or the application thereof to any person or circumstances, is held invalid, the remainder of this Ordinance and the application thereof to other persons shall not be effected thereby. K. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the im- mediate protection and preservation of the public health, safety, convenience, and general welfare, and it is enacted for that pur- pose and shall be in full force and effect FIVE (5) days after passage and final publication. Approved, adopted, and ordered published by the Board of Trustees of the Town of Firestone on the 25th day of February, 1975. ATTEST: Published in the Farmer and Miner on the day of _______ , 1975. -2 - ' ,. ORDINANCE NO. AN ORDINANCE PERTAINING TO AMENDMENT OF THE REGULATIONS PER- TAINING TO LICENSING AND CONTROL OF DOGS WITHIN THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO: Chapter 8. ' Health. PART VIII. DOGS. l. Section 8-66, Unlicen·s·e'd Dogs Imp·ounded, should be amended to read as follows: Section 8-66. Dogs Impounded. It shall be lawful for the Dog Warden or his assistants and all police and sheriff's officers to impound any dog which is not wearing a dog tag as herein provided and any dog which said officers reasonably feel to be in violation of any of the provisions of this ORDINANCE, whether such dog is wearing a dog tag or not. It shall be lawful for the Dog Warden or any pplice or any sheriff's officers to go upon private property for the purpose of catching any such dog. 2. Section 8-70, Running at Large Restricted, should be amended to read as follows: Section 8-70, Running at· Large Restricted. It shall be unlawful for any owner, custodian, or keeper of any dog to permit such dog to run at large when off or away from the premises of said owner, custodian,, or keeper thereof, if said dog is not under the control of a competent person and restrained by a substantial chain or leash not exceeding SIX (6) feet in length. Any dog found at large in violation of this Section shall be taken up and impounded and disposed of in the same man- ner as is provided in this Code. 3, A new Section, 8-74, should be added to Chapter 8, PART VIII, DOGS, of the Code of the Town of Firestone as follows: Section 8-74, General Penalties. Whenever in this Code any act is prohibited or declared to be unlawful or an offense or a misdemeanor or the doing of an act is re- quired or the failure to any act is declared to be un- lawful or an offense or a misdemeanor, when no specific penalty is provided therefor, any person who shall be convicted of the violation of any such provision of this Code shall be punished.by a fine of not more than THREE HUNDRED AND N0/100 ($300.00) DOLLARS or by impris- onment in jail not exceeding NINETY (90) days or by both such fine and imprisonment. 4. A new Section, 8-75, should be added to Chapter 8, PART VIII, DOGS, of the Code of the Town of Firestone as follows: Section 8-75. Number of Dogs. It shall be unlawful for any person, or combination of persons, corporation, as- sociation, partnership or other legal entity to maintain, keep, or board more than TWO (2) dogs per living unit within the corporate limits of the Town of Firestone. 5, Severability. The Sections of this ORDINANCE are hereby declared to be severable, and if any Section, provision, or part thereof shall be held unconstitutional or invalid, the remainder of this ORDINANCE shall continue in full force and effect, it being the legislative intent that this ORDINANCE would have been adopted even if such un- constitutional or invalid matter had not been included therein. It is further declared that if any provision or part of this Section, or the application thereof to any person or circumstances, is held invalid, the re- mainder of this ORDINANCE and the application thereof to other persons shall not be effected thereby. 6. Repeal of In·c·onsist·ent ORDINANCES. Each and every ORDINANCE or parts of ORDINANCES in conflict herewith is hereby repealed. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this ORDINANCE is necessary for the immediate protection and preservation of the public health, safety, convenience, and general welfare of th~ citizens of said Town, and it is enacted for that purpose and shall be in full force and effect FIVE (5) days after the passage and final publication thereof. Approved, adopted, and ordered published by of Trustees of the Town of Firestone on the day of 7?7~ · · · , 1975, MAYOR: the Board ·:.:,_.,. Adam LePore in the Farmer and Miner ___ day of Published on the 1975, -2- ORDINANCE NO. AN ORDINANCE PERTAINING TO MENACING, INTIMIDATION, ENDANGER- MENT, AND DISORDERLY CONDUCT WITHIN THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE- STONE, COUNTY OF WELD, STATE OF COLORADO: Chapter 9. Offenses. PART IV. OTHER OFFENSES. 1. Section 9-18, Assault, should be deleted entirely from the Code of the Town of Firestone and a new Section 9- 18 should be enacted and should read as follows: Section 9-18. Menacing, Intimidation, and En'dangerment. a. Menacing. It shall be unlawful for any person, by any threat or physical action, to intentionally place or attempt to place another person in fear of imminent serious bodily injury. b. Intimidation. It shall be unlawful for any per- son, without legal authority, to threaten to confine, restrain, or to cause bodily harm to the threatened person or another or to damage the property or rep- utation of the threatened person or another with intent thereby to induce the threatened person or another against his will to do an act or refrain from doing a lawful act. c. Endangerment. It shall be unlawful for any per- son to recklessly engage in conduct which creates a substantial risk of serious bodily injury to another. 2. Section 9-21, Disorderly Conduct, should be entirely deleted from the Code of the Town of.Firestone and a new Section 9-21, Disorderly Conduct, should be substi- tuted therefor and should read as follows: Section 9-21. Disorderly Conduct. A person commits disorderly conduct if he intentionally, knowingly, or recklessly: a. Makes a coarse and obviously offensive utterance, gesture, or display in a public place; or b. Abuses or threatens a person in a public place in an obviously offensive manner; or c. Makes unreasonable noise in a public place or near a private residence that he has no right to occupy; or d. Fights with another in a public place except in an amateur or professional contest of athletic skill; or e. Not being a peace officer, discharges a fire arm in a public place except when engaged in lawful target practice or hunting; or f. Not being a peace officer, displays a deadly weapon in a public place in a manner calculated to alarm. It shall be an affirmative defense to prosecution under sub-Section b. of this Section that the actor had sig- nificant provocation for his obusive or threatening conduct. 3, Severability. The Sections of this ORDINANCE are hereby declared to be severable, and if any Section, provision, or part thereof shall be held unconstitu- tional or invalid, the remainder of this ORDINANCE shall continue in full force and effect, it being the legisla- tive intent that this ORDINANCE would have been adopted even if such unconstitutional or invalid matter had not been included therein. It is further declared that if any provision or part of this Section, or the applica- tion thereof to any person or circumstances, is held invalid, the remainder of this ORDINANCE and the appli- cation thereof to the other persons shall not be af- fected thereby. 4. Repeal of Inconsistent ORDINANCES. Each and every ORDINANCE or parts thereof in conflict herewith is hereby repealed. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this ORDINANCE is necessary for the immediate protection and preservation of the public health, safety, convenience, and general welfare of the citizens of said Town, and it is enacted for that purpose and shall be in full force and effect FIVE (5) days after the passage and final publication thereof. Approved, adopted, of Trustees of the day of /?7c,-,,f ATTEST: and ordered published by Town of Firestone on the , 1975, Published on the 1975, in the Farmer and Miner day of ______ , -2- the Board .2 'I , I ... ORDINANCE NO. AN ORDINANCE AUTHORIZING THE BOARD OF TRUSTEES TO SELL AND DISPOSE OF CERTAIN REAL ESTATE OWNED BY THE TOWN OF FIRE- STONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE- STONE, WELD COUN'rY, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby authorize the sale and transfer of the following described property and that the Mayor or Mayor Pro Tern together with the Town Clerk are authorized to execute such deeds as may be required to transfer said property; said transfer being necessitated by the recent replat of the Town of Firestone, in order to adjust certain lot lines within the Town of Firestone: A tract of land located in the Northwest Quarter of Section 30, Township 2 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, more particularly described as follows: Beginning at the intersection of Berwick Avenue and Third Street of the Town of Firestone (ac- cording to the Replat of the Town as recorded in 1974); thence, following the centerline of Berwick Avenue, North 89°56'49" East 30.00 feet; thence leaving said centerline of Berwick Avenue, South 00°03•11 11 East 30~00 feet to the Northwest corner of Lot 20, Block 19, the True Point of Beginning; thence following the west line of Lot 20, South 00°03'11" East 125.00 feet; thence leaving said West line of Lot 20, South 89°56'49" West 3.00 feet; thence North 00°03'11" West 125.00 feet; thence North 89°56'49" East, 3.00 feet to the True Point of Beginning. Said tract containing 0.0086 acres. Section 2. That the hereinabove described real es- tate is not being used or held by the Town of Firestone as or for waterworks, ditches, gasworks, electric lightworks, or other public utilities, public buildings, real property used or held for park purposes, or any other real property used or held for any governmental purposes. Approved, adopted, and ordered published by the Board of Trustees of the Town of Firestone, at a regular meeting on the 29th day of July, 1975. ATTEST: ~ +=~·, .z-cz .. :--;?<-,_,A-, \. Town Clerk MAYOR: ~ Po 1, J) o r& J 11 t~ Published 1n the Farmer and Miner on ______________ _ l J \ I I ORDINANCE NO. AN ORDINANCE RELATIVE TO THE DATE AND TIME OF THE REGULAR MONTHLY MEETING OF THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE- STONE, COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of Trustees of the Town of Firestone have determined that the efficiency of the business affairs of the Town would be better served by changing the current meeting time for the monthly Town meeting; NOW, THEREFORE, the Board of Trustees of the Town of Firestone, Colorado, ordains that Rule 2. of Section 1-24. of Part III. of Chapter 1. of the Code of the Town of Firestone be amended to read as follows: Rule 2. The regular meetings of the Board of Trustees shall be held at the hour of 7:30 o'clock P.M., on the first Wednesday of each and every month. Nothing in this Section shall be construed to mean that adjourned meetings may not be held from time to time as ordered by the Board of Trustees. Whenever any meeting day shall be a legal holiday or Christmas Eve or New Year's Eve, the regular meeting of the Board shall stand con- tinued to the next succeeding day which is not a holiday, at the same place and time, and in case any hearing or proceeding has been set for any such day, the same shall not abate but shall stand con- tinued to the next succeeding day which is not a holiday, at the same time and place. The Mayor and any TWO (2) members of the Board of Trustees may call special meetings by notice to each of the members personally served or left at his usual place of residence, all meetings shall at all times be open to the public. All ordinances, resolutions, and motions of the Board of Trustees of the Town of Firestone or parts thereof, in con- flict with the provisions of this ORDINANCE are to the extent of such conflict hereby superseded and repealed. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this ORDINANCE is necessary for the immediate protection and preservation of the public health, safety, convenience and general welfare, and it is enacted for that purpose and shall be in full force and ef- fect FIVE (5) days after its passage and final publication. Approved, adopted and ordered published by the Board of Trustees of the Town of Firestone on the 26th day of August, 1975. ATTEST: Minrtette Paul -Town Clerk Published in the Farmer and Miner on .J ORDINANCE 66 AN ORDINANCE ADOPTING THE BUDGET FOR THE TOWN OF FIRESTONE, COLORADO FOR THE FISCAL YEAR BE~INNING ON THE 1st DAY OF JANUARY, 1976, AND ENDING ON THE LAST DAY OF DECEMBER,1976, ESTIMATING THE AMOUNT OF MONEY NECESSARY TO BE RAISED BY -TAX LEVY BASED ON THE SAID BUDGET SO ADOPTED1 ESTIMATING THE AMOUNT OF MONEY TO BE DERIVED FROM OTHER REVENUE SOURCES: AND SETTING FORTH THE TOTAL ESTIMATED EXPENDITURES FOR EACH FUND, WHEREAS, THE TOWN TRUSTEES ddesignated to prepare the annual budget for Firestone, Colorado, for the fiscal year bseinning January 1, 1976, and ending December Jl, 1976, has prepared said budget and submitted it to the Board of Trustees, and, MHEREAS, the Board of Trustees held a public hearing on said budget on October 22, 192 5 , AND WHEREAS, THE ASSESSED VALUATION OF taxable property for the year 1975 in the Town of Firestone, as returned by the County Assessor of Weld County, Colorado is the sum of $677,160. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN OF FIRESTONE, COLORADO: Section 1: That the estimated revenue for the various funds of the Town of Firestone is1 GENERAL FUND Property Taxes Z Other.Revenue Sourtes TOTAL GENERAL FUND HIWHWAY FUND RE UNAPPROPRIATED SURPLUS Taxes Receivable Highway Users~ Road & Bridge TOTAL HIGHWAY FUND BOND RETIREMENT FUND $. _ __,_3 ... 14:r.,2 _______ _ $ 97,875 $ 101,017 · $ 13000 $ 2500 $ )'299 $ J 9,299 Property Taxes $. ___ 5~4~1~2_· ____ _ Unappropriated surplus $ __ ~6~J~7~8 ____ _ TOTAL BOND RETIREMENT FUND $---=l..,_l.1-22z..5L-__ _ RE:..;:;u.: SHARING FUND • ORDINANCE..,.--~66.;:;_ __ Page 2 REVENUE SHARING FUND From Gol.ernment $. _ _._24::i:,o...,o.,__ __ _ TOTAL REVENUE SHARING FUND $_-'2=-4;..;;o"""o_-__ _ Section 2, That the estimated expenditures for each fund of the Town of Firestone are as follows: GENERAL FUND $ 101,017 HIGHWAY FUND $ 19,299 BOND RETIREMENT FUND $ · 11795 REVENUE SHARING FUND $ 2400 Section J: That the budget for the Twwn of Firestone, Colorado, for the fiscal year beginning January 1, 1976, and ending December Jl, 197~. as heretofore submitted to the Board of Trustees by the Town Trustees, and as changed and ammended by said Board of Trustees be, and the same hereby is adopted and approved as the budget for the Town of Firestone for the said fiscal year, Section 4: That the budget herein approved and adopted shall be signed by the Mayor and the Town Ceerk, and made a part of the public records of the Town of Firestone, INTRODUCES, READ, AND ADOPTED ON THIS .2,?.. day of C~ i11975, MAYOR Attest: +~ Town Clerk seal ORDINANCE _..,.6.,__?_ THE ANNUAL APPROPRIATION ORDINANCE APPROPRIATING SUMS OF Ml!l.NEY TO DEFRAY EXPENSES AND LIABILITIES OF THE TOWN OF FIRESTONE, COLORADO FOR THE TOWN'S FISCAL YEAR BEGINNING JANUARY 1, 1976, AND ENDING ON THE LAST DAY OF DECEMBER, 1976, WHEREAS, the Board of Trustees has, by ordinance, made the proper tax levy in mills upon each dollar of the total assessed valuation of all taxable property within the Town such levy representing the amount of taxes for the Town's purposes necessarybto provide for payment during the town;s said fiscal ~ear of all properly authorized demands upon the treasury, and WHEREAS, the Board of Trustees is now desirous of making appropriations for the ensuing fiscal year, NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, Section 11 That the following appropriations are hereby made for the Town of Firestone, Colorado, for the fiscal year beginning January 1, 1976, and ending on the last day of December, 1976, the sum of $ l 01, 017 ' from the General Fund for the payment of operating expenses and capttol outlay of the general government, public safety, public works, recreation, public health, and contingencies, Section 2: that the sum of $-~=142i1~24949 __ is hereby appropriated from the Highway Fund for the operation and maintenance and construction of Roads. Section J: That the sum of $_----==1=1~749~5.....c. __ is hereby appropriated from the Bond Retirement Fund for the purpose of Bond Payment and Interest. 2400 Section 41 That the sum of$ --------is hereby appropriated from the Revenue Sharing Fund for the purpose ~f water improvement p~oject. IN~RODUCED, READ, AND ADOPTED ON THIS ¢ 22 day of ¢ October ( .;],,P0-~Z:;d Mayor 1975, ORDINANCE NO. AN ORDINANCE AMENDING THE 1975 BUDGET OF THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby finds, determines, and declares that because of con- tingencies which could not have been reasonably foreseen at the time of the adoption of the 1975 Budget, and in order to protect and preserve the immediate public health, safety, and welfare of the citizens and property within the Town of Firestone, certain amendments to the 1975 Budget are neces- sary to alleviate the emergency situation now existing. Section 2. That the existing emergency results from exhaustion of Section 421.1 of the General Fund, said item being for the salaries of police officers; that it is necessary to continue to provide adequate police protection for the Town of Fire- stone; and that surplus funds not now projected to be spent in 1975 are found in Section 461 of the General Fund, Raw Water Acqufsition. Section 3. That on and after the effective date hereof, the Two (2) above funds are amended to reflect necessary spending changes: 1975 Budget 461 Raw Water $2,600.00 Amended 1975 Budget 421.1 Administrative (salaries) $3,660.00 $1,175.00 $5,085.00 Thereby, $1,425.00 is hereby transferred from Section 461, Raw Water to Section 421.1 Administrati·ve (salaries). Section 4. That all Ordinances, Resolutions, and Motions of the Board of Trustees of the Town of Firestone or parts thereof, in conflict with the provisions of this Ordinance, are to the extent of such conflict hereby superseded and repealed. Section 5. Because of the state of emergency which now exists in the Town of Firestone, and to provide adequate protection against said emergency, this Ordinance shall be in full force and effect upon the expiration of Five (5) days after its pas- sage and publication. Approved, adopted, ordered published, and a certified copy of this Ordinance ordered filed with the division of local government in the department of local affairs of the State of Colorado by the Board of Trustees of the Town of Firestone at its regular meeting, the --~,~~--day of November, 1975. ATTEST: ?7t~a~ : TOWN CLERK Published in the Farmer and Miner: ------------------· r , ORDINANCE NO. AN ORDINANCE RELATIVE TO THE ANNEXATION OF CERTAIN ADJACENT TERRITORY TO THE TOWN OF FIRESTONE, COLORADO, SPECIFICALLY ANNEXING SAID PROPERTY AS AN ADDITION TO THE TOWN OF FIRE- STONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE- STONE, WELD COUNTY, COLORADO: WHEREAS, the following described unincorporated terri- tory in the County of Weld, State of Colorado, is eligible for annexation to the Town of Firestone, under the applica- ble laws of the State of Colorado, to-wit: That portion of land lying in the West Half of the Northeast Quarter of Section 30, Township 2 North, Range 67 West of the 6th Principal Meridian, Coun- ty of Weld, State of Colorado, more particularly described as follows: Beginning at the Northwest corner of said North- east Quarter; thence along the North line of said Northeast Quarter East 330.00 feet to the TRUE POINT OF BEGINNING; thence parallel with the North-South centerline of said Section 30 South 0°38'37" East 660.00 feet; thence parallel with the North line of said Northeast Quarter West 330.00 feet to the North-South centerline of said Section; thence along said centerline South 0°38'37" East 1994.54 feet to the center of said Section 30; thence along the East-West centerline of said Sec- tion North 89°41'53" East 987.37 feet to the South- east corner of the West Half of the Southeast Quar- ter of the Southwest Quarter of said Northeast Quarter; thence along the East line of said West Half North 0°34'57" West 662.33 feet to the North line of said West Half; thence along said North line South 89°46'25" West 329.36 feet to the North- South centerline of the Southwest Quarter of said Northeast Quarter; thence along said centerline North 0°36'10" West 662.76 feet to the Southeast corner of the Southwest Quarter of the Northwest Quarter of said Northeast Quarter; thence along the North-South centerline of said Northwest Quar- ter North 0°36'10" West 1325.53 feet to the North- east corner of the East Half of the Northwest Quar- ter of the Northwest Quarter of said Northeast Quarter; thence along the North line of the North- east Quarter of said Section West 330.08 feet to the Northwest corner of said East Half; thence continuing along the North line of said Northeast Quarter West 0.08 feet more or less to the TRUE POINT OF BEGINNING, and more particularly described on maps accompanying the PETITION hereinafter mentioned; and WHEREAS, a written PETITION in proper form and signed by the owners of ONE HUNDRED (100%) per cent of the area of said territory to be annexed has been presented to and filed with the Board of Trustees of the Town of Firestone which PETITION was accompanied by FOUR (4) copies of a map or plat of said territory, and WHEREAS, all of the necessary prerequisites required by the laws of the State of Colorado have been pleaded by the Petitioners and the Petitioners above-mentioned are now en- titled to the approval of the Board of Trustees of the Town of Firestone, for such annexation. NOW, THEREFORE, the Board of Trustees of the Town of Firestone, Colorado, ordains as follows: Section 1. That the above described property be an- nexed to and be included within the corporate limits of the Town of Firestone. Section 2. That said annexed territory be known as the Globe Addition to the Town of Firestone. Section 3. That the Mayor and Town Clerk of the Town of Firestone are authorized and directed to complete all the necessary procedures required for annexation of said prop- erty to the Town of Firestone, in accordance with the pro- visions of the laws of the State of Colorado. of on Approved, adopted, and ordered published by the Board Trustee~?f the Town of Firestone, at a regu_lar meeting the 7<c> day of 8-(!Ad..U b61) , 197/9 MAYOR: ATTEST: ?'.2'f7<--7;!-:~ Q<.-<C ,e_, Town Clerk Published in the Farmer and Miner on -2- ) ORDINANCE NO. AN ORDINANCE RELATING TO THE ZONING OF THE TOWN OF FIRESTONE, AMENDING AND CHANGING BOUNDARIES OF DISTRICTS WITH PARTICULAR REFERENCE TO THE GLOBE ANNEXATION AND SUBDIVISION KNOWN AS THE GLOBE ADDITION, PHASE I. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section 1. That all of Blocks 1, 2, 3, 4, 5 and 7 of said Addition to t.~e Town of Firestone is hereby zoned R-1. Section 2. That all of Block 6 is hereby zoned C-1. Approved, adopted, and ordered published by the Board of T~Jees of the Town of Firestone at a regular meeting on the .:..;...:.2.. day of 8 a d&.JJ, 11? , 1976. ATTEST: »~-· ,~ (/4,-<-Town Cler Published in the Farmer and Miner on ______________ _ ORDINANCE NO. AN ORDINANCE RELATIVE TO THE WATER CONNECTION CHARGE ESTABLISHED BY AND AMENDING SECTION 11, CHAPTER 13 OF THE CODE OF THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO; 13-11. Water Connection Charges Established. There is hereby imposed a uniform capital investment, water resource and connection charge, payable upon application for a water tap in the Town of Fire- stone, as follows: Meter Size 5/8" 3/4" l" 1-1/2" Fee ,/ g,1-V $ --BW-;-0-0 I 3 co $1,100.00: $%, 'a e~-:lfO s:i~oo Taps requiring a larger meter shall be subject to negotiation between the applicant and the Town of Firestone, and such taps must be approved on an individual basis by the Town Board. All Ordinances, Resolutions, and Motions of the Board of Trustees of the Town of Firestone or parts thereof, in conflict with the provisions of this Ordinance, are to the extent of such conflict hereby superseded and repealed. The sections of this Ordinance are hereby declared to be severable, and if any section, provision, or part there- of shall be held unconstitutional or invalid, the remainder of this Ordinance shall continue in full force and effect, it being the legislative intent that this Ordinance would have been adopted even if such unconstitutional or invalid matter had not been included therein. It is further de- clared that if any provision or part of this section, or the application thereof to any person or circumstances, is held invalid, the remainder of this Ordinance and the ap- plication thereof to other persons shall not be effected thereby. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is neces- sary for the immediate protection and preservation of the public health, safety, convenience, and general welfare, and it is enacted for that purpose and shall be in full force and effect FIVE (5) days after passage and final pub- lication. Approved, Trustees of adopted, and ordered published the Town of Firestone on the by the Board 7 day of ~~==~~-' 197f.~ Paul, Town PUBLISHED in Date Published ' J cu_t/ Cl &tt--Li_ ~ Paul Hurtado, Mayor ' ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12, PART 1, OF THE CODE OF THE TOWN OF FIRESTONE KNOWN AS THE MODEL TRAFFIC CODE FOR COLORADO MUNICI- PALITIES, 1973 EDITION. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section 1. Section 26 of the Model Traffic Code as previ- ously adopted by the Town of Firestone is amended by the addition of the following designated through streets in Section 26-1 of said Model Traffic Code: Name of Street A. First Street B. Berwick Avenue C. Buchanan Avenue Portion Affected (terminal limits) From and including Florence Avenue on the south through and including Grant Street on the north. From and including Second Street on the west to and including Third Street on the east. From and including Second Street on the west to and including Third Street on the east. Section 2. Validity. If any part or parts of this Ordinance are for any reason held to be invalid, 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 or parts thereof, irrespective of the fact that any one part or parts are declared invalid. Section 3. Repeal. Existing ordinances or parts of ordi- nances covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances in- consistent with the provisions of this Ordinance are hereby re- pealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. Section 4. Interpretation. This Ordinance shall be so in- terpreted and construed as to effectuate its general purpose to make uniform the local traffic regulations contained herein. Article and section headings of the Ordinance and adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof. Section 5. Effective Date. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preserva- tion of the public health, safety, convenience and general wel- fare, and it is enacted for that purpose and shall be in full force and effect FIVE (5) days after passage, approval by the Chief Engineer of the State Department of Highways, and final publication. Passed by the Board of Trustees of the Town of Firestone after public hearing and signed this 1976. ATTEST: -2- yor ORDINANCE NO. 73 AN ORDINANCE FIXING THE SALARIES OF THE MAYOR AND THE TRUSTEES OF THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE- STONE, WELD COUNTY, COLORADO: Section 1. as compensation for AND NO/100 ($15.00) vided, however, the authorized expenses The Mayor shall be entitled to and receive his or her services, a salary of FIFTEEN DOLLARS per month, payable monthly, pro- Mayor may be reimbursed for itemized and incurred in performance of Town business. Section 2. Each Trustee shall be entitled to and re- ceive as compensation for his or her services, a salary of TEN AND NO/100 ($10.00) DOLLARS per month, payable monthly, provided, however, each Trustee may be reimbursed for itemized and authorized expenses incurred in performance of Town busi- ness. Section 3. Each and every Ordinance or parts of Ordi- nances in conflict herewith is hereby repealed. Section 4. This Ordinance shall become effective aft- er the municipal election of 1976 in which a Mayor and one- half the Board of Trustees are elected for the Town of Fire- stone, except that no Trustee or Mayor currently in office is entitled to increased compensation during the term in which he or she is currently holding office. Approved, adopted, and ordered published by Tru;:ees of the Town of Firestone on the "'/ ... 6 r ,.., ...... ,. j.-, 19 16 • MAYOR: the Board of day of c?a,u20 ~ ATTEST: tte Paul, Town \ cterk Published in the Farmer and Miner on Paul Hurtado ORDINANCE NO. 1'( AN ORDINANCE ESTABLISHING LAND USE ZONING DISTRICTS IN THE TOWN OF FIRESTONE, COLORADO; REGULATING THE USE OF THE LAND, ESTAB- LISHING LOT AREAS, LOT WIDTHS, YARDS, AND MINIMUM FLOOR AREA OF DWELLINGS, AND OFF STREET PARKING REQUIREMENTS; ADOPTING A MAP OF SAID DISTRICTS; PROVIDING FOR THE ADJUSTMENT, ENFORCEMENT AND AMENDMENT THEREOF; PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; AND REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH AND SPECIFICALLY REPEALING SECTIONS 31 THROUGH 54, INCLU- SIVE, OF CHAPTER 10 OF THE CODE OF THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: PART II. ZONING. 10-31. Authority and Purpose. Pursuant to authority found in the laws of the State of Colorado, the Town of Firestone promulgates the following regulations for the purpose of promoting health, safety, morals, and/or the gen- eral welfare of the Town of Firestone. 10-32. Definitions. For the purpose of this ORDINANCE certain words or phrases are defined as follows: When not inconsistent with the content, words used in the present tense include the future; words in the singular number include the plural number; words in the plural number include the singu- lar number and the masculine includes the feminine. The word "shall" is mandatory, while the word "may" is permissive. A. Accessory Building. A detached subordinate build- ing, the use of which is customarily incidental to that of the main building or to the main use of the land and which is located on the same lot with the main building or use. B. Accessory Use. A use naturally and normally inci- dental to, subordinate to and devoted exclusively to the main use of the premises. C. Alley. A public way permanently reserved as a secondary means of access to abutting property. D. Boarding and Rooming House. A building or portion thereof which is principally used to accommodate for compensation, five or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The "compensation" shall include compensation in mon- ey, services or other things of value. E. Building. Any permanent structure built for the s~elter or en,josure of persons, animals, chat- tels or property of any kind, and not including a~vertising sign boards or fences. F. Building Height. The vertical distance measured from the established curb level to the highest point of the underside of the ceiling beams for a flat roof; to the deck line for a mansard roof; and to the mean level of the underside of the rafters between the eaves and the ridge for a gable, hip, or gambrel roof, chimneys, spires, towers, elevator penthouses, tanks, and similar projections other than signs shall not be in- cluded in calculating the height. G. Dwelling. A building or portion thereof which is used as the private residence or sleeping place of one or more human beings, but not including hotels, motels, tourist courts, resort cabins, clubs, or hospitals. In addition, all dwellings shall be constructed as permanent buildings--not temporary structures such as tents, railroad cars, trailers, street cars, metal prefabricated sec- tions, or similar units. H. Dwelling, Single-Family. A detached building de- signed exclusively for occupancy by one family, not including mobile homes. I. Dwelling, Two-Family. A detached building de- signed exclusively for occupancy by two families living independently of each other. J. Dwelling, Multiple-Family. A building, or por- tion thereof, designed for or occupied by three or more families living independently of each other. K. Dwelling Unit. One or more rooms in a dwelling, designed for occupancy by one family for living or sleepins purposes and having not more than one kitchen. L. Family. An individual or two or more persons re- lated by blood or marriage; or a group of not to exceed five persons (excluding servants) living together as a single housekeeping unit in a dwelling unit. M. Floor Area. For the purposes of determining con- versions of existing structures and maximum size of business establishments, the sum of the gross horizontal areas of several floors measured in square feet, including the basement floor, but not including the cellar floor of the building, measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The floor area of a building shall also include elevator shafts and stairwells at each floor; floor space used for mechanical equip- ment, except equipment-open or enclosed-located on the roof; penthouse; attic space having head room of seven feet, ten inches or more; interior balconies and mezzanines; enclosed porches; and floor area devoted to accessory uses, provided that any space devoted to off street parking or loading shall not be included in floor area. N. Home Occupation. Any use conducted principally within a dwelling and carried on by the inhabit- ants, which use is clearly incidental and second- -2- •• ' • • •• '•.J ary to the use of the dwelling for dwelling pur- poses and does not change the character thereof. 0. Junk. Any manufactured goods, appliances, fix- tures, furniture, machinery, motor vehicle or trailer which is abandoned, demolished, disman- tled, or that is so worn or deteriorated, or in such condition to be unusable in its existing state, salvage materials, scrap metal, scrap ma- terial, waste, bottles, tin cans, paper, boxes, crates, rags, used lumber and building material, motor vehicle and machinery parts, and used tires. P. Livestock. Horses, mules, cattle, burros, swine, sheep, goats, rabbits. Q. Lot. A parcel of real property as shown with a separate and distinct number or letter on a plat recorded with the Weld County Clerk and Recorder, or when not so platted, in a recorded subdivision a parcel of real property abutting upon at least one public street and held under separate owner- ship. R. Lot Area. The total horizontal area within the lot lines of a lot. S. Lot Line, Front. The property line dividing a lot from a street. On a corner lot only one street line shall be considered as a front line and the shorter street frontage shall be consid- ered the front line. T. Lot Line, Rear. The line opposite the front lot line. U. Lot Line, Side. Any lot lines other than front lot lines or rear lot lines. V. Mobile Home. Any vehicle or structure designed and equipped to provide sleeping and living quar- ters, and designed to be transported from place to place by another vehicle. Any such structure from which the wheels have been removed shall be construed to be a permanent dwelling structure. W. Motel or Hotel. A building designed for occupancy as the temporary abiding place (30 days or less) of individuals who are lodged with or without meals and with such building having six or more guest rooms. X. Nonconforming Building. A building or structure or portion thereof conflicting with the provisions of this ORDINANCE applicable to the zone in which it is situated. Y. Nonconforming Use. The use of a structure or premises conflicting with the provisions of this ORDINANCE. z. Occupied. The word "occupied" includes arranged, designed, built, altered, converted, rented or -3- l leased, or intended to be occupied. AA. Open Space. Open space on a building site, ex- clusive of space devoted to vehicular streets, drives and parking areas, and including pedestrian ways, space for active and passive recreation and landscaping. BB. Person. The word "person" shall also include as- sociation, firm, co-partnership, or corporation. CC. Planned Unit Development. A unified development in single ownership or control, which is subdi- vided and developed according to a comprehensive plan and where the specific requirements of a given district may be modified. DD. Poultry. Chickens, ducks, geese, pigeons. EE. Roof Line. The highest point on any building where an exterior wall encloses usable floor area including floor area provided for housing mechan- ical equipment. FF. Room. An unsubdivided portion of the interior of a dwelling unit, excluding bathrooms, kitchens, closets, hallways, and service porches. GG. Street. A public thoroughfare which affords the principal means of access to abutting property. HH. Structure. Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences less than six feet in height, poles, lines, cables, or other transmission or distribution facilities of public utilities. II. Use. The purpose for which land or building is designed, arranged, or intended, or for which either is or may be occupied or maintained. JJ. Width of Lot. The distance parallel to the front lot line measured between side lot lines through that part of the building or structure where the lot is narrowest. KK. Yard. An open space other than a court, on a lot, unoccupied and unobstructed from the ground up- ward, except as otherwise provided in this ORDI- NANCE. LL. Yard, Front. A yard extending across the full width of the lot between the rear lot line and the nearest line or point of the building. MM. Yard, Rear. A yard extending across the full width of the lot between the rear lot line and the near- est line or point of the building. NN. Yard, Side. to the rear the nearest A yard extending from the front yard yard between the side lot line and line or point of the building or ac- -4- \.. cessory building attached thereto. 10-33. Establishment of Districts. In order to implement the purposes of this PART II., the Town of Firestone is hereby divided into the following zoning districts: A. R-1 Low density residential. B. R-2 Medium density residential. This district is for a higher density of dwelling units than in the R-1 district, where more than one unit is de- sired within a building. C. R-3 High density residential. This district is for a high density of dwelling units. D. R-1-UD This district is for a low density unit development. E. R-2-UD This district is for a medium density unit development. F. R-3-UD This district is for a high density unit development. G. C-1 Limited commercial. vide for what is normally mercial retail outlets. This district is to pro- considered as light com- H. C-2 Heavy commercial. This district is for heavy commercial outlets in both retail and wholesale operations. I. C-M Commercial industrial. for commercial, storage and industrial uses. This district provides service uses and light J. M-1 Limited industrial. This district provides for light industrial uses. K. M-2 This district provides for heavy industrial uses. L. R-5 Mobile home. This district provides for use in an area by mobile homes and mobile home parks. M. F-C Flood channel. This district provides for uses compatible in an area designated as a flood channel. N. F-P Flood plain. This district provides for uses compatible to flood plain usage. 10-34. Zoning Map. The boundaries and zoning classifications of districts hereby established are shown on a map entitled "Zoning District Map of the Town of Firestone" dated the 3rd day of March, 1976, which map and all notations, references, data and other information shown thereon are by reference hereby made a part of this Zoning Code. In the event any uncertainty exists on the Zoning District Map, -5- district boundaries shall be on section lines; lot lines; the center line of highways, streets, alleys, railroad rights-of- way, or such lines extended; municipal corporation lines; natu- ral boundary lines, such as streams or other natural barriers. Where a lot is divided by a zoning district boundary line at the time of enactment of this Code or by subsequent amendments, the less restrictive zone requirements may be extended within the lot into the more restrictive zoning district for a distance of not more than 25 feet. 10-35. General Application. A. Existing Buildings. The regulations contained herein are not retroactive in their application on existing buildings. B. General Application. Except as otherwise provided, no buildings, or other structure, or land shall be used, and no building or other structure shall be erected, reconstructed, moved into or within the Town limits, or structurally altered except in conformance with the regulations herein specified for the district in which such building is located. 10-36. Uses Permitted in Districts. 10-36.1 Uses Permitted in R-1 Districts. A. Single family dwellings. B. Public schools, for elementary and high school education. C. Public parks, playgrounds, libraries, museums and other public recreation facilities. D. Churches and church schools, provided all build- ings are located on a lot of at least one acre in size and are not less than 50 feet from any side lot line. E. Municipal buildings and uses. F. Domestic animals, provided such animals are house- hold pets and that kennels are not maintained. G. Home occupations. H. Public utility mains, lines and substations, where no public office or no repair or storage facili- ties are maintained. I. Accessory buildings and uses. J. Fences, hedges and walls, according to applicable Town Ordinances. 10-36.2 Uses ·Permitted in R-2 Districts. A. All uses permitted in the R-1 District. B. Two family dwellings. -6- C. Multiple family dwellings, provided that the lot upon which any such dwelling is located is of suf- ficient size so that 30% thereof shall be devoted to functional open space. D. Unit developments subject to Chapter this Code. 10-36.3 Uses Permitted in R-3 Districts. of A. All uses permitted in the R-2 District as stated therefor. B. Automobile parking areas. C. Boarding and rooming houses. D. Colleges and university buildings and uses. E. Community buildings. F. Fraternity and sorority houses. G. Hospitals. H. Medical and dental clinics. I. Professional offices. J. Personal service shops as accessory uses in hospi- tals, clinics and multiple family dwellings. K. Nursery schools and day care centers for pre-school age children. L. Private schools. M. Rest homes, convalescent homes and nursing homes. N. Membership clubs. 10-36.4 Uses Permitted in R-1-UD Districts. See Chapter on Unit Developments. 10-36.5 Uses Permitted in R-2-UD Districts. See Chapter on Unit Developments. 10-36.6 Uses Permitted in R-3-UD Districts. See Chapter on Unit Developments. 10-36.7 Uses Permitted in C-1 Districts. A. All uses permitted in the R-3 District as stated therefor. B. Places serving food or beverages for consumption inside of an enclosed building. C. Membership clubs. D. Offices and clinics. -7- J E. Neighborhood business uses, including grocery stores, drug stores, gift shops, hardware stores, florist shops, banks, and similar indoor business uses primarily serving the daily needs of the im- mediate neighborhood. F. Personal service shops, including barber shops, beauty parlors, shoe repair shops, dry cleaning outlets, and self-service laundries. G. Accessory buildings and uses. 10-36.8 Uses Permitted in C-2 Districts. A. All uses permitted in the C-1 District subject to the use provisions stated therefor. B. Places for the conduct of general retail business, including but not limited to the following: Automobile sales Automobile repair, when conducted inside a build- ing Bakeries Banks, savings and loan and finance Churches and other places of assembly Drug stores Dry goods stores Furniture stores Gasoline service stations Grocery stores and supermarkets Hardware stores Hotels and motels Multiple family dwellings Parking lots and parking garages Parks and playgrounds Printing and newspaper offices Recreation uses and theaters Restaurants, bars and other eating and drinking places Retail stores Studios T.V. and small appliance repair shops Undertaking establishments C. Areas for the parking of travel trailers, campers and similar traveling units. D. Accessory buildings and uses. 10-36.9 Uses Permitted in C-M Districts. A. All uses permitted in the C-2 District. B. Commercial, storage and service uses, including but not limited to the following: Automobile repair shops Blacksmith shops Bottling works Builders' supply yards and lumber yards Cabinet making and carpenter shops Commercial dairies Commercial laundries -8- Dairy processing and distribution plants Dry cleaning plants Frozen food lockers, not including slaughtering on the premises Furniture upholstering Greenhouses Heavy equipment sales and repair Ice and cold storage plants Machine shops Pet stores and veterinary hospitals Plumbing, electrical and carpenter shops Publishing plants Roofing shops Sheet metal shops Tire vulcanizing Transportation depots Warehouses and enclosed storage C. Public utility facilities. D. Accessory buildings and uses. 10-36.10 Uses Permitted in M-1 Districts. Any kind of scientific research or manufacturing, com- pounding, assembling, processing or treatment of prod- ucts provided the following limitations are on all such uses: A. All permitted principal uses shall be operated entirely within a completely enclosed structure. B. Dust, fumes, odors, refuse matter, smoke, vapor, noise, lights and vibrations shall be confined to the premises of the lot upon which such use is located and be controlled in accordance with the State Air Pollution Laws. C. Travel and parking portions of the lot shall be surfaced with asphalt, concrete, compressed grav- el or equivalent surfacing. 10-36.11 Uses Permitted in M-2 Districts. A. All uses permitted in the C-M District as stated therefor. B. Any industrial or manufacturing operation provided the following limitations are placed on all such uses: 1. Dust, fumes, odors, smoke, vapor, and noise shall be confined to the M-2 District and be controlled in accordance with the State Air _Pollution Laws. 2. Outdoor storage, equipment and refuse areas shall be concealed from view from abutting right-of-ways and from adjoining residential districts. 10-36.12 Uses Permitted in R-5 Districts. A. Mobile home parks and mobile home camp areas, both -9- ' subject to the provisions of Chapter 10, PART III of this Code. B. Accessory buildings and uses. 10-36.13 Uses Permitted in F-C Districts. A. All uses in the F-C District shall be subject to the use limitations of any underlying zoning dis- trict as stated therefor. B. Flood channels and flood channel easements. C. Flood control dams. D. Irrigation structures. E. Open space recreational use such as parks, green- belts and pathways for hiking or riding of bicy- cles or horses. 10-36.14 Uses Permitted in F-P Districts. A. Flood storage areas. B. All uses permitted in any underlying zoning dis- trict as stated therefor, providing the following limitations are placed on all such uses: 1. Any building or structure shall be adequately flood proofed to withstand the one hundred year flood. 2. Any building or structure shall be located so as to offer minimum obstruction to the flow of flood water and shall not cause lands outside of the natural flood plain to be flooded. 3. The flood elevation of the lowest habitable story and lowest basement opening, of any building shall be at least one foot above the elevation of the one hundred year flood under- channel and flood plain condition existing at the time of construction. 4. No more than nominal filling shall be done or accomplished without the approval of the Di- rector of Public Works. 5. No materials which could be moved by flood waters or which in time of flooding could be harmful, detrimental or injurious to human, animal or plant life shall be stored or pro- cessed unless facilities for storing or pro- cessing said materials shall be flood proofed adequately to prevent movement by flood waters and said harmful, detrimental or injurious ef- fects in the event of a one hundred year storm. 10-37. Zone District Standards. 10-37.l Density in R-1 Districts. The R-1 District shall comply with the following den- -10- sity schedule: A. Minimum lot area per dwelling: B. Minimum lot width per dwelling: C. Maximum height of buildings: 1. Principal building: 2. Accessory building: D. Minimum front yard: E. Minimum side yard: F. Minimum rear yard: G. Minimum floor area per dwelling: 10-37.2 Density in R-2 Districts. A. Minimum lot area per dwelling: B. Minimum lot area per dwelling unit: C. Minimum lot width per dwelling: D. Maximum height of buildings: 1. Principal building: 2. Accessory building: E. Minimum front yard: F. Minimum side yard: G. Minimum rear yard: H. Minimum floor area per dwelling unit: I. Minimum floor area per dwelling: 10-37.3 Density in R-3 Districts. A. Minimum lot area per dwelling: B. Minimum lot area per dwelling unit: C. Minimum lot w;tdth. per dwelling: D. Maximum height of buildings: 1. Principal building: 2. Accessory building: E. Minimum front yard F. Minimum side yard -11- 6,600 square feet 60 feet 25 feet 15 feet 20 feet 5 feet 20 feet 780 square feet 6,000 square feet 3,500 square feet 60 feet 25 feet 15 feet 20 feet 5 feet 20 feet 650 square feet 780 square feet 6,000 square feet 1,250 square feet 60 feet 40 feet or 3 stories 15 feet 25 feet One foot for every 2 1/2 feet or fraction thereof of building height except no side yard shall be less than five feet. G. Minimum rear yard: 20 feet H. Minimum floor area per dwelling: I. Minimum floor area per dwelling unit: 780 square feet 500 square feet 10-37.4 Additional Standards for R-1, R-2 and R-3 Zones. A. Each dwelling unit must have the applicable mini- mum lot area. B. On corner lots, the yard on all street frontages must meet minimum standards for front yards in the pertinent zone. c. Accessory buildings may be within five feet of the rear lot line. D. The minimum number of off street parking spaces shall be as follows: R-1, one space for each dwelling unit; R-2, one space for each dwelling unit; R-3, one and one-half space for each dwelling unit; churches, hospitals, clinics, of- fices, etc., one space for every 200 square feet of floor space. 10-37.5 Commercial and Industrial Density Schedule. Cl C2 CM Ml M2 A. Minimum front setback from center line of street in feet 50 50 50 50 50 B. Minimum rear setback from rear lot line or, if there is an alley, from the cen- ter line of the alley in feet C. Floor area ratio in total square feet to square feet in lot area D. Parking spaces E. Maximum height F. Minimum floor space ap- plicable to hotels, motels, rooming houses or other rental units 10-38. Supplementary Regulations. 20 15 10 10 10 1:3 2:1 2:1 1:2 1:1 One space for every 400 square feet of floor space; except hotels and motels, and other rental units, which must have one space for every rental unit 40 feet or 3 stories Must be 300 square feet for each rental unit Regulations specified in other sections of this ORDINANCE shall be subject to the following interpretations and exceptions: -12- A. Minimum Lot Area and B. Minimum Lot Width 1. Small lots ... where an individual lot was held in separate ownership from adjoining proper- ties or was platted and recorded at the time of passage of this ORDINANCE, and has less area and/or less width than required in other sections of this ORDINANCE, such a lot may be occupied according to the permitted uses pro- vided for the district in which such lot is located, except in the case of motels, hotels, lodges and resorts which shall not be subject to the preceding exception. 2. Reduction ... no part of an area or width re- quired for a lot for the purpose of complying with the provisions of this ORDINANCE shall be included as an area or width required for another building. C. Minimum Front Yard Developed areas ... where lots comprising fifty per cent or more of the frontage on one side of a street between intersecting streets have been im- proved with buildings at the time of passage of this ORDINANCE, the average front yard of such buildings shall be the minimum front yard re- quired for all new construction in such block. D. Minimum Floor Area In measuring the minimum floor area as required, all measurements shall be along outside walls of the living area, not including garage or carport area. E. Minimum Off Street Parking Each space shall be not less than ten feet wide, twenty feet long and seven feet high, shall have vehicular access to a street or alley, and shall be located on the same lot as the principal use which it serves in the "R-1" and "R-3" Districts and within 200 feet of the principal use in the other Districts. F. Exclusions 1. No junk or waste shall be stored outdoors. 2. No junk material, wastes or trash shall be re- moved from one parcel of property and disposed of by depositing upon another parcel of prop- erty or in the streets or public rights-of-way except by being delivered to an authorized dump site. 3. On corner lots: no planting of shrubs, trees or flowers or the erection of any solid fence or structure over 30 inches above level of roadway or street which obstructs the view of -13- traffic shall be permitted within the triangle measured from the point of intersection of the lot lines abutting the streets a distance of 25 feet along each such lot line. 4. It shall be unlawful to sell any products at retail or wholesale from any temporary stand, temporary structure, motor vehicle or trailer except agricultural products grown on the premises upon which the stand is located with- out specific approval from the Town Council. 10-39. Nonconforming Uses. Except as provided in this section, the lawful use of any build- ing or land existing at the time of enactment of this ORDINANCE, or of any amendments to this ORDINANCE, may be continued even though such use does not conform to the requirements of this ORDINANCE. A. Repairs and Maintenance Ordinary repairs and maintenance of a nonconforming building shall be permitted. B. Restoration A nonconforming building which has been damaged by fire or other causes may be restored to its orig- inal condition, provided such work is commenced within one year of such calamity. C. Abandonment Whenever a nonconforming use has been discontinued for a period of one year, such use shall not there- after be re-established, and any future use shall be in conformance with the provisions of this ORDI- NANCE. D. Change in Use A nonconforming use shall not be changed to a use of lower, or less restrictive classification; such nonconforming use may, however, be changed to an- other use of the same or higher classification. E. Extensions A nonconforming use shall not be extended either in intensity of use or in floor area or lot area. F. Moving No building or structure which does not conform to all of the regulations of the district in which it is located shall be moved in wholly or in part to another location unless every portion of such building or structure is moved, and the use there- of is made to conform to all regulations of the district into which it is moved. 10-40. Board of Adjustment, Variances. -14- There shall be created in the Town of Firestone a Board of Ad- justment pursuant to the appropriate laws of the State of Colo- rado. Said Board shall hear and decide appeals from, and review any order, requirement, decision or determination made by an administrative official charged with enforcement of the regula- tions established by this ORDINANCE pursuant to applicable laws of the State of Colorado. Said Board shall hold a public hear- ing on all applications and appeals. 10-41. Amendments. General Procedure Amendments to this ORDINANCE shall be in accord- ance with the laws of the State of Colorado. 10-42. Enforcement. Building Permits After such time as the Town Council of the Town of Firestone, Colorado, have adopted by ordinance a Building Code, it shall be unlawful to erect, con- struct, reconstruct, alter, or change the use of any building or other structure within the Town limits without obtaining a building permit from such Zoning Commission, and such Zoning Commission shall not issue any permit unless the plans of and for the proposed erection, construction, recon- struction, alteration, or use fully conform to the zoning regulations then in effect, and unless plans to be kept as a permanent public record are sub- mitted to the Zoning Commission. 10-43. Interpretation, Conflict with other Laws. In their interpretation and application, the provisions of this ORDINANCE shall be held to be minimum requirements adopted for the promotion of the public health, safety and welfare. When- ever the requirements of this ORDINANCE are at variance with the requirements of any other lawfully adopted rules, regula- tions or ordinances, the more restrictive, or that imposing the higher standard shall govern. 10-44. Validity. Should any section, clause or provision of this ORDINANCE be de- clared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this ORDINANCE as a whole or any part thereof, other than the part so declared to be invalid. 10-45. Violations and Penalties. A. Any person or corporation, whether as principal, agent, employee, or otherwise, who violates any of the provisions of this ORDINANCE shall be fined not exceeding THREE HUNDRED AND NO/100 ($300.00) DOLLARS for each offense, such fine to insure the Town of Firestone. Each day of the existence of any violation shall be deemed a separate offense. B. The erection, construction, enlargement, conver- sion, moving or maintenance of any building or -15- structure and the use of any land or building which is continued, operated or maintained, contrary to any provisions of this ORDINANCE, is hereby de- clared to be a violation of this ORDINANCE and un- lawful. The Town attorney shall immediately, upon any such violation having been called to his at- tention, institute injunction, abatement, or any other appropriate action to prevent, enjoin, abate or remove such violation. Such action may also be instituted by any property owner who may be es- pecially damaged by any violation of this ORDINANCE. 10-46. Repeals, Effective Dates. 1976. A. All ordinances of the Town of Firestone inconsist- ent herewith, to the extent of such inconsistency, and no further, are hereby repealed. B. The repeal of any of the above-mentioned ORDINANCES does not revive any other ordinances or portions thereof repealed by said ordinance. C. Such repeals shall not affect or prevent the pros- ecution or punishment of any person for the viola- tion of any ordinance repealed hereby, for an of- fense committed prior to the repeal. D. This ORDINANCE shall become effective from and after its final passage and legal publication. APPROVED AND ORDERED PUBLISHED this ,_3 day of March, Town Council Town of Firestone, Colorado ATTEST: <' Town Clerk -16- • _, ... ~ ~ -- ORDINANCE NO. JS" -'------ AN ORDINANCE FOR THE AMENDMENT OF CHAPTER 10 OF THE CODE OF THE TOWN OF FIRESTONE PERTAINING TO PART I, PLANNING COMMISSION, AND PART II, ZONING. BE IT ORDAINED BY THE BOARD OF TRUSTEES FOR THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: 1. Section 1, Chapter 10, Part I, is amended to read as follows: 10-1. Planning and Zoning Commission Created. Pursuant to the authority conferred by applicable laws of the State of Colorado, there is hereby created a Planning Commission and a Zoning Commission for the Town of Firestone. The members of the Planning Com- mission shall also serve and are hereby appointed as the Zoning Commission. 2. Section 6, Chapter 10, Part I, is amended to read as follows: 10-6. Powers of Commission. Each Commission shall have all the powers and perform all the duties specified by applicable laws of the State of Colorado. The performance of such duties and the exercise of such authority is to be subject to the limitations expressed in such legislative en- actment or enactments. 3. Section 7, Chapter 10, Part I, is amended to read as follows: 10-7. Planning Commission; Purpose in View. It shall be the duty of the Commission to make and adopt a master plan for the physical development of the Town of Firestone, including any areas outside its boundaries, subject to the approval of the gov- ernmental body having jurisdiction thereof, which in the Commission's judgment bears relation to the plan- ning of the Town of Firestone. The master plan shall be prepared in compliance with the provisions of the laws of the State of Colorado with the general pur- pose of providing for a harmonious development of the Town of Firestone and its environs which will best promote the health, safety and general welfare of the citizens of the Town of Firestone. 4. Chapter 10, Part II, is amended by the addition of Section 47 and subsections to read as follows: 10-47. Unit Developments. A unit development is a project which is permitted to vary minimum lot area, minimum lot width, and minimum yard requirements in order tQ provide variety and diversity of design while still preserving the unique features of the site and protecting the sur- rounding neighborhood. 10-47.1 Special Requirements. A. The tract or parcel of land involved shall contain at least two acres and shall be held either in one ownership or be the subject of an application filed jointly by the owners of all the property to be so included. B. In residential areas, the minimum amount of functional open space (exclusive of streets, parking and buildings) shall be thirty per cent of the total acreage. c. Residential unit developments which are with- in a R-3-UD District or have at least fifty per cent of their boundaries adjacent to an R-3 District or to non-residential Town zoning districts shall have a maximum density of thirty dwelling units per acre. R-2-UD Dis- tricts shall not exceed twelve dwelling units per acre. R-1-UD Districts shall not exceed six dwelling units per acre. D. Areas and facilities of joint use shall be re- tained in title by the developers, or deeded to an organization composed of all owners in the development. 10-47.2 Procedure. A unit development proposal shall be processed in the following manner: A. A pre-application discussion should be held between the developer, the Town Engineer and the Planning Commission. B. The necessary information as specified her~in shall be submitted to the Town Engineer's of- fice for presentation to the Planning Commis- sion and to the Town Council for their review and approval, if, in their opinion, all condi- tions required herein are being met. C. A unit development plan may be amended by the addition of adjacent tracts of land (which may be less than two acres in size) or the origi- nal design may be amended, provided all pro- cedures followed are the same as those re- quired for initial approval and that the basic concept of the original plan is preserved. 10-47.3 Information Required. An application for unit development shall contain the fol.1~-nf.ormation: A. Proposed name of the area. B. Total acreage. c. A site plan showing the proposed location and dimensions of all structures. D. Designation of land to be retained as func- tional open space, the purpose for which it -2- is to be used, and an explanation of how such open space will be preserved and maintained. E. A circulation plan for vehicles and pedestrians. F. Uses to be developed in the area, and the pro- posed density of development. G. Topography at two foot intervals. H. A legal description of the property. I. The proposed construction time schedule. J. Screening and major landscape plans. K. Such additional information as may be requested by the Planning Commission and Town Council in order to grant the exceptions required by the unit development. All ordinances of the Town of Firestone inconsistent here- with, to the extent of such inconsistency, and no further, are hereby repealed. The repeal of any of the above-mentioned ORDINANCES does not revive any other ordinances or portions thereof repealed by said ordinance. Such repeals shall not affect or prevent the prosecution or punishment of any person for the violation of any ordinance re- pealed hereby, for an offense committed prior to the repeal. This ORDINANCE shall become effective from and after its final passage and legal publication. APPROVED AND ORDERED PUBLISHED this 1976. day of March, Town Council Town of Firestone By: ~e e 0,.,, futl'>LA Mayor ATTEST: >-~~~ a~ \ Town Clerk -3- ORDINANCE NO. ·-zt AN ORDINANCE AMENDING CHAPTER 12, PART 1, OF THE CODE OF THE TOWN OF FIRESTONE KNOWN AS THE MODEL TRAFFIC CODE FOR COLORADO MUNICI- PALITIES, 1973 EDITION. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section 1. Section 26 of the Model Traffic Code as previ- ously adopted by the Town of Firestone is amended by the addition of the following designated streets on which the following weight limitations for vehicles will apply: All streets, alleyways, and highways within the corporate limits of the Town of Firestone shall be affected and there shall be a 10,000-pound limit (gross weight) on every vehicle operating within the corporate limits of the Town of Fire- stone except as otherwise provided in the Model Traffic Code. Section 2. Validity. If any part or parts of this Ordinance are for any reason held to be invalid, 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 or parts thereof, irrespective of the fact that any one part or parts are declared invalid. Section 3. Repeal. Existing ordinances or parts of ordi- nances covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances in- consistent with the provisions of this Ordinance are hereby re- pealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or com- mitted in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. Section 4. Interpretation. This Ordinance shall be so in- terpreted and construed as to effectuate its general purpose to make uniform the local traffic regulations contained herein. Article and section headings of the Ordinance and adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof. Section 5. Effective Date. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preserva- tion of the public health, safety, convenience and general wel- fare, and it is enacted for that purpose and shall be in full force and effect FIVE (5) days after passage, approval by the Chief Engineer of the State Department of Highways, and final publication. Passed by the Board of Trustees of the Town o~Firestone after public hearing and signed this 9! day of _,U,f,f _, 1976. Mayor Town Clerk ) ' . . , ' •" ORDINANCE NO. _7L.....Z'---- AN ORDINANCE RELATIVE TO THE DRILLING OF OIL OR GAS WELLS IN THE TOWN OF FIRESTONE, COLORADO. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, IIBLD COUNTY, COLORADO : Section 1. Definitions. For the purpose of this Ordinance, the following words and terms wherever and whenever used or ap- pearing in this Ordinance shall have the scope and meaning here- inafter defined and set out in connection with each: {a.) The word "person" shall include both the singular and the plural; and shall mean and include any person, individual, firm, partnership, association, corporation, club, society, co- operative, trust, municipal corporation or political subdivision whatsoever. {b.) The word "well" shall include and mean any hole or holes, bore or bores, to any sand, formation, strata or depth for the purpose of producing and recovering any oil, gas liquid hydrocarbon, or any of them. {c.) The word "permittee" shall mean the person to whom is issued a permit for the drilling and operation of a well under this Ordinance, and his or its administrators, executors, heirs, successors and assigns. {d.) All technical or oil and gas industry words or phrases used herein and not specifically defined herein shall have that meaning customarily attributable thereto by prudent operators in the oil and gas industry. (e.) The word "lease" as that term is used herein shall mean any tract of land subject to an oil, gas and mineral lease or other oil and gas development contract, or any unit composed of several tracts and leases but operated as one lease, and any tract of land in which the minerals are owned by an operator or someone holding under it or him. Section 2. Permit. It shall be unlawful and an offense for any person acting either for himself or acting as agent, employee, independent contractor, or servant of any other person, to com- mence to drill, or to operate, any well within the Town limits of the Town or to work upon or assist in any way in the produc- tion or operation of any such well, without a permit for the drilling and operation of such well having first been issued by the authority of the Board of Trustees in accordance with the terms of this Ordinance. Section 3. Streets and Alleys. No well shall be drilled and no permit shall be issued for any well to be drilled at any location which is within any of the streets or alleys of the Town; and no street or alley shall be blocked or encuJ11bered or closed in any drilling or production operation except by special permit by order of the Board of Trustees, and then only tempo- rarily. Section 4. Well Location. No well shall be drilled and no permit shall be issued for any well to he drilled at any loca- tion which is nearer than TWO HUNDRED (200) feet of any resi- . , dence or commercial building without the applicant having first secured the written permission of the owner or owners thereof. No well shall be drilled and no permit shall be issued for any well to be drilled within the corporate limits of the Town of Firestone unless the location shall be located in an M-2 zone. Section 5. Application and Filinq Fee. Every application for a permit to drill and operate a well shall be in writing, signed by the applicant or by some person duly authorized to sign same on his behalf, and it shall be filed with the Town Clerk and be accompanied with a filing fee of FIVE HUNDRED AND NO/100 ($500.00) DOLLARS. No application shall request a permit to drill and operate more than one well. The said application shall include full information, including the following: (a.) The date of said application; (b.) Name of the applicant; (c.) Address of the applicant; (d.) Proposed site of the well, including: (1.) Name of the mineral owner and surface owner; (2.) Name of the lease owner; (3.) Brief description of the land. (e.) Type of derrick to be used; (f.) The proposed depth of the well. Section 6. Issuance or Refusal of Permit. The Board of Trustees, within THIRTY (30) days after the filing of the appli- cation for a permit to drill and operate a well shall determine whether or not said application complies in all respects with the provisions of this Ordinance, and if it does, the Board of Trustees shall then fix the amount of the principal of the bond and insurance provided for in Section 8. herein, and after such determination shall issue a permit for the drilling and opera- tion of the well applied for. Each permit issued under this Ordinance shall: (a.) By reference have incorporated therein all the provi- sions of this Ordinance with the same force and effect as if this Ordinance were copied verbatim in said permit; (b.) Specify the well location with particularity to lot nurnber, block number, name of addition of subdivision, or other available correct legal description; (c.) Contain and specify that the term of such permit shall be for a period of ONE (1) year from the date of the permit and as long thereafter as the permittee is engaged in drilling opera- tions with no cessations of such operations for more than NINETY (90) days, or oil or gas is produced in commercial quantities from the well drilled pursuant to such permit, provided that if at any time after discovery of oil or gas the production there- of in commercial quantities shall cease, the term shall not ter- minate if the permittee commences additional reworking operations within NINETY (90) days thereafter; -2- ., (d.) Contain and specify such conditions as are by this Ordinance authorized; (e.) Contain and specify that no actual operations shall be commenced until the permittee shall file and have approved an indemnity bond in the designated principal amount as so de- termined by the Board of Trustees and conditioned as specified in Section 8. hereof. Said permit, in duplicate originals, shall be signed by the Mayor of the Town, and prior to delivery to the permittee shall be signed by the permittee (with one original to be retained by the Town and one by the permittee); and when so signed shall constitute the permittee's drilling and operating license and the contractual obligation of the permittee to com- ply with the terms of such permit, and such bond, and this Or- dinance. If the permit for the well be refused, or if the applicant notifies the Board of Trustees in writing that he does not elect to accept the permit as tendered and wishes to withdraw his ap- plication, or if the bond of the applicant be not approved and the applicant notifies the Board of Trustees in writing that he wishes to withdraw his application, then upon the happening of said events the cash deposit provided for to be filed with the application shall be returned to the applicant, except that there shall be retained therefrom by the Town ONE HUNDRED AND NO/100 ($100.00) DOLLARS as a processing fee. Section 7. Termination of Permit. When a permit shall be issued, the same shall terminate and become inoperative'without any action on the part of the Town unless within NINETY (90) days from the date of issuance actual drilling of the well shall have commence<l. The cessation for a like period of the drilling op- erations or the cessation of the production of oil or gas from the well after production shall have commenced, shall operate to terminate and cancel the permit, and the well shall be considered as abandone<l for all purposes of this Ordinance, and it shall be unlawful thereafter to continue the operation or drilling of such well without the issuance of another permit. Section 8. Permittee's Insurance and Bond. In the event a permit be issued by the Board of Trustees under the terms of this Ordinance for the drilling and operations of a well, no ac- tual drilling operations shall be commenced until the permittee shall file with the Town Clerk a bond and a certificate of in- surance, as follows: (a.) A bond in the principal sum of such number of dollars as has been so determined by the Board of Trustees, but not to be less than TWENTY-FIVE THOUSAND AND NO/100 ($25,000.00) DOL- LARS. Said bond to be executed by a reliable insurance company authorized to do business in the state, as surety, and with ap- plicant as principal, running to the Town for the benefit of the Town and all persons concerned, conditioned that the permittee will comply with the terms and conditions of this Ordinance in the drilling and operation of the well. Said bond shall become effective on or before the date the same is filed with the Town Clerk and remain in force and effect for at least a period of SIX (6) months subsequent to the expiration of the term of the permit issued, and in addition the bond will be conditioned that the permittee will promptly pay fines, penalties and other as- sessments imposed upon permittee by reason of his breach of any of the terms, provisions and conditions of this Ordinance, and that the permittee will promptly restore the streets and side- walks and other public property of the Town, which may be dis- -3- . ' •, turbed or damaged in the operations, to their former condition; and that the permittee will promptly clear all premises of all litter, trash, waste, and other substances used, allowed, or occurring in the drilling or producing operations, and will after abandonment, grade, level and restore said property to the same surface condition, as nearly as possible, as existed when opera- tions for the drilling of the well or wells were first commenced; and that the permittee will indemnify and hold the Town harmless from any and all liability growing out of or attributable to the granting of such permit. If at any time the Board of Trustees shall deem any permittee's bond to be insufficient for any rea- son, it may require the permittee to file a new bond. If, after completion of a well, permittee has complied with all of the provisions of this Ordinance such as to removing der- rick, clearing premises, etc., he may apply to the Board of Trus- tees to have said bond reduced to a sum of not less than TEN THOUSAND AND NO/100 ($10,000.00) DOLLARS for the remainder of the time said well produces without reworking. During reworking operations the amount of the bond shall be increased to the orig- inal amount. (b.) In addition to the bond required in paragraph (a.) of this Section, the permittee shall carry a policy or policies of standard comprehensive public liability insurance, including contractual liability covering bodily injuries and property damage, naming the permittee and the Town, in an insurance com- pany authorized to do business within the state, said policy or policies in the aggregate shall provide for the following minimum coverages: (1.) Bodily injuries ONE HUNDRED THOUSAND AND NO/100 ($100,000.00) DOLLARS one person; THREE HUNDRED THOUSAND AND NO/100 ($300,000.00) DOLLARS one ac- cident. (2.) Property damage TWO HUNDRED THOUSAND AND NO/100 ($200,000.00) DOLLARS. (c.) Permittee shall file with the Town Clerk of the Town certificates of said insurance as above stated, and shall obtain the written approval thereof by the Mayor, who shall act thereon within TEN (10) days from the date of such filing. Said insur- ance policy or policies shall not be canceled without written no- tice to the Town Clerk at least THIRTY (30) days prior to the effective date of such cancellation. In the event said insurance policy or policies are canceled, the permit granted shall termi- nate, and permittee's rights to operate under said permit shall cease until permittee files additional insurance as provided herein. If, after completion of a well, permittee has complied with all of the provisions of this Ordinance, such as to removing derrick, clearing premises, etc., he may apply to the Board of Trustees to have said insurance policies reduced as follows: (1.) Bodily injuries FIFTY THOUSAND AND NO/100 ($50,000.00) DOLLARS one per- son; ONE HUNDRED THOUSAND AND NO/100 ($100,000.00) DOLLARS one accident. (2.) Property damage FIFTY THOUSAND AND NO/100 ($50,000.00) DOLLARS. -4- ... for the remainder of the time said well produces without re- working. During reworking operations the amount of the insur- ance policy or policies shall be increased to the original amount. Section 9. Appointment of Oil and Gas Inspector. The Board of Trustees may appoint an oil and gas inspector, and his com- pensation shall be set by the Board of Trustees; and said inspec- tor may be removed at the will of the said Board of Trustees. It shall be the duty of the oil and gas inspector to enforce the provisions of this Ordinance. Section 10. Pemit Required for Conduits on Streets and Alleys. No pernittee shall make any excavations or construct any lines for the conveyance of fuel, water or minerals, on, un- der or through the streets and alleys of the Town without express permission of the Board of Trustees, in writing, and then only in strict compliance with the ordinances. Section 11. Deeper Drilling. Once any well has either been completed as a producer or abandoned as a dry hole, it shall be unlawful and an offense for any person to drill such well to a deeper depth than that reached in the prior drilling operations without the permittee as to such well obtaining a new permit aft- er filing a new application with the Town Clerk specifying: (a.) The then condition of the well and the casing therein; (b.) The depth to which it is proposed such well be deep- ened; (c.) The proposed casing program to be used in connection with proposed deepening operations; (d.) An evidence of adequate current tests showing that the casing strings in said well currently passed the same tests as are in this Ordinance provided for in case of the drilling of the original well. In the event the Board of Trustees is satisfied that said well may be deepened with the same degree of safety as existed in the original well, a new permit may be issued without addi- tional filing fee to the permittee authorizing the deepening and operation of the well to such specified depth as applied for. In any deeper drilling or any deeper completion of any deep- er production operations the permittee shall comply with all other provisions contained in this Ordinance and applicable to the drilling, completion and operation of a well or wells. Section 12. Derrick and Rig. It shall be unlawful and an offense for any person to use or operate in connection with the drilling or reworking of any well within the Town limits, any wooden derrick or any steam-powered rig, and all engines shall be equipped with adequate mufflers approved by the oil and gas inspector; or to permit any drilling rig or derrick to remain on the premises or drilling site for a period longer than SIXTY (60) days after completion or abandonment of the well. At all times from the start of erection of a derrick, or a mast, or super structure, until the well is abandoned and plugged or com- pleted as a producer and enclosed with a fence as herein provid- ed, the permittee shall keep a watchman on duty on the premises at all times; provided, however, it shall not be necessary to -5- i ., keep an extra watchman on duty on the premises when other work- men of permittee are on said premises. Section 13. Pits. Steel slush pits shall be used in con- nection with all drilling and reworking operations. Such pits and contents shall be removed from the premises and the drilling site within SIXTY (60) days after completion of the well. No earthen slush pits shall be used. Section 14. Drilling Operations, Equipment. All drilling and operation at any well performed by a permittee under this Ordinance shall be conducted in accordance with the best prac- tices of the reasonably prudent operator. All casing, valves, and blowout preventers, drilling fluid, tubing, bradenhead, Christmas tree, and well head connections shall be of a type and quality consistent with the best practices of such reasonably prudent operator. Setting and cementing casing and running drill stem tests shall be performed in a manner and at a time consist- ent with the best practices of such reasonably prudent operation. Each permittee under this Ordinance shall observe and follow the recommendations and/or regulations of the American Petroleum In- stitute and the Oil and Gas Commission of the State of Colorado. Section 15. Premises to be kept Clean and Sanitary. The premises shall be kept in a clean and sanitary condition, free from rubbish of every character, to the satisfaction of the oil and gas inspector, at all times drilling operations or reworking operations are being conducted, and as long thereafter as oil and/or gas is being produced therefrom. It shall be unlawful for any permittee, their agent or employee, to permit within the cor- porate limits of the Town, any mud, water, waste oil, slush or other waste matter from any slush pit, storage tank, or oil and/or gas well located within the corporate limits of the Town, or from any premises within the Town, developed or being develop- ed for oil and/or gas purposes, into the alleys, streets, lots, land or leases within the corporate limits of the Town. Section 16. Mufflers Required. Motive power for all oper- ations after completion of drilling operations shall be electric- ity or properly muffled gas, gasoline or diesel engines; such mufflers to be approved by the oil and gas inspector prior to their use. Section 17. Storage Tanks and Separators. It shall be un- lawful and an offense for any person to use, construct or operate in connection with any producing well within the Town limits any crude oil storage tanks except to the extent of TWO (2) steel tanks for oil storage, not exceeding FIVE HUNDRED (500) barrels capacity each and so constructed and maintained as to be vapor- tight. A permittee may use, construct and operate a steel con- ventional separator, and such other steel tanks and appurtenances as are necessary for treating oil with each of such facilities to be so constructed and maintained as to be vaportight. Each oil, gas separator shall be equipped with both a regulation pressure- relief safety valve and a bursting head. All such tanks and separators shall be placed underground. Any oil or gas produced may be transported outside of the Town limits by underground pipelines. Section 18. Fence. Any person who completes any well as a producer shall have the obligation to enclose said well, together with its surface facilities, by a substantial concrete block fence sufficiently high and properly built so as to ordinarily keep persons and animals out of the enclosure with all gates -6- thereto to be kept locked when the permittee or his employees are not within the enclosure. It is provided, however, that in noncongested areas the Board of Trustees, in its discretion, may waive the requirement of any fence or may designate the type of fence to be erected. Section 19. Noise and Other Nuisances. All oil operations, drilling and production operations shall be conducted in such a manner as to eliminate, as far as practicable, dust, noise, vi- bration or noxious odors, and shall be in accordance with the best accepted practices incident to exploration for, drilling for and production of oil, gas and other hydrocarbon substances. Proven technological improvements in exploration, drilling and production methods shall be adopted as they become, from time to time, available, if capable of reducing factors of nuisance and annoyance. Section 20. Flaring or Burning of Gas or Permittinq Unburneo Gas to Escape within Corporate Limits Prohibited. No permittee engaged in the drilling or operation of an oil and/or gas well within the corporate limits of the Town, shall oermit to escape into the air or to flare or burn gas from a torch or any similar means within the corporate limits of the Town, except that gas may be burned for a limited time when necessary to complete an oil and/or gas well upon the original completion or upon the recompletion of work over jobs upon oil and/or gas wells, so long as the same does not constitute a fire hazard to the prop- erty of others within the vicinity of such oil and/or gas well. Section 21. Fire Prevention. It shall hereafter be unlaw- ful to operate a well for oil and/or gas without a four-inch header being laid over the top of the tanks and a two-and-one- half-inch line extending from the tank battery to a point TWO HUNDRED (200) feet from said tank battery. The manner and meth- od provided for connection at said point shall be determined by the Fire District so that foamite or other chemicals may be pumped through such line and the header on the tanks into such tanks to extinguish fires in the tanks. Adequate fire fighting apparatus and supplies, approved by the Fire District shall be maintained on the drilling site at all times during drilling and production operations. All machin- ery, equipment and installations on all drilling sites within the Town limits shall conform with such requirements as may from time to time be issued by the Fire District. Section 22. Abandonment and Plugging. Whenever any well is abandoned it shall be the obligation of the permittee and the operator of the well to plug said well in a manner consistent with prudent drilling operations and in compliance with all federal, state, county and Town requirements, laws, ordinances or regulations. All plugging operations shall be consistent with the objective of protecting the health, safety and welfare of the Town and its citizens. Section 23. Disposal of Salt Water. Permittee shall make adequate provisions for the disposal of all salt water or other impurities which he may bring to the surface, such disposal to be made in such manner as to not contaminate the water supply, present or prospective, or to injure surface vegetation. Section 24. Violation of Laws or Regulations. Any viola- tion of the laws of the State of Colorado or any rules, regula- tions or requirements of any state, county, local or federal -7- 11: • . . • regulatory body having jurisdiction in reference to drilling, completing, equipping, operating, producing, maintaining, or abandoning an oil or gas well or related appurtenances, equip- ment or facilities, or in reference to firewalls, fire protec- tion, blowout protection, safety protection, or convenience of persons or property, shall also be a violation of this Ordinance and shall be punishable in accordance with the provisions hereof. Section 25. Penalty. It shall be unlawful and an offense for any person to violate or neglect to comply with any provi- sion hereof irrespective of whether or not the verbiage of each Section hereof contains the specific language that such viola- tion or neglect is unlawful and is an offense. Any person who shall violate any of the provisions of this Ordinance, or any of the provisions of a drilling and operating permit issued pursuant hereto, or any condition of the bond filed by the permittee pur- suant to this Ordinance, or who shall neglect to comply with the terms hereof, shall be deemed guilty of a misdemeanor and shall, on conviction thereof, be fined in any sum not less than TWENTY- FIVE AND NO/100 ($25.00) DOLLARS nor more than THREE HUNDRED AND NO/100 ($300.00) DOLLARS; and the violation of each separate provision of this Ordinance, and of said permit, and of said bond, shall be considered a separate offense, and each day's violation of each separate provision thereof shall be considered a sepa- rate offense. In addition to the foregoing penalties, it is further provided that the Board of Trustees at any regular or special session or meeting thereof, may, provided TEN (10) days notice has been given to the permittee that revocation is to be considered at such meeting, revoke or suspend any permit issued under this Ordinance and under which drilling or producing oper- ations are beinq conducted in the event the permittee thereof has violated any provision of said permit, said bond, or this Ordi- nance. In the event the permit be revoked, the permittee may make application to the Board of Trustees for a reissuance of such permit, and the action of the Board of Trustees thereon shall be final. Approved, adopted, and ordered published by the Board of Trustees of the Town of Firestone at a regular meeting on the ({ day of fJ1,tA4 (l__ , 1976. MAYOR: ATTEST: n gn --~~ ~ c2~~ c Minne~te Paul, Town Clerk '- Published in the Farmer and Miner on -8- ORDINANCE NO. AN ORDINANCE A.MENDING THE BUDGET FOR THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO, FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF JANUARY, 1976, AND ENDING ON THE LAST DAY OF DE- CEMBER, 1976. WHEREAS, certain unforeseen contingencies have arisen with regard to expenditures and revenues of the Town of Fire- stone; and WHEREAS, certain changes in budgetary procedures have been suggested to the auditor for the Town of Firestone. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section 1. That the estimated revenue for the vari- ous funds of the Town of Firestone is: General Fund: Cash on hand Property taxes Franchises, rents, permits, fines, other taxes Transfer from water fund TOTAL GENERAL FUND REVENUES Water Fund: Cash on hand Water revenue Tap fees Bone! sales Property taxes TOTAL WATER FUND REVENUES Park Fund: Cash on hand Intergovernmental transfer Transfer from general fund TOTAL PARK FUND REVENUES Highway Fund: Cash on hand Highway users tax $15,000.00 3,142.00 7,375.00 19,240.00 $ 44,757.00 $ 16,378.00 39,000.00 19,500.00 80,000.00 5,417.00 $160,295.00 $ 3,000.00 4,000.00 3,000.00 $ 10,000.00 $13,000.00 2,599.00 / Highway Fund: (continued) Taxes receivable Road and bridge fund TOTAL HIGHWAY FUND REVENUES Revenue Sharing Fund: U.S. Government allotment TOTAL REVENUE SHARING FUND $ 2,500.00 1,200.00 $19,299.00 $ 2,400.00 $ 2,400.00 Section 2. That the estimated expenditures for each fund of the Town of Firestone are as follows: General Fund: Board and administration Court Elections Legal Police, inspection Health, sanitation, ambulance Parks, recreation, lights Fixed assets Transfer to park fund Miscellaneous TOTAL GENERAL FUND EXPENDITURES Water Fund: Cost of water District tap fees Raw water shares Maintenance, meter reading Improvements (Bond) $ 8,877.00 720.00 500.00 2,400.00 7,910.00 9,050.00 3,300.00 7,800.00 3,000.00 1,200.00 $ 44,757.00 $16,000.00 10,000.00 2,600.00 8,360.00 80,000.00 Fixed assets 10,000.00 Clerk and supplies 2,300.00 Bond-principal, interest and fees 1,550.00 Contingency (Bond) 10,245.00 Transfer to general fund 19,240.00 TOTAL WATER FUND EXPENDITURES $160,295.00 -2- Park Fund: Capital-improvements TOTAL PARK FUND EXPENDITURES Highway Fund: Construction Engineering Maintenance TOTAL HIGHWAY FUND EXPENDITURES Revenue Sharing Fund: Repayment to U.S. Government Contingency TOTAL REVENUE SHARING FUND EXPENDITURES $10,000.00 $10,000.00 $10,000.00 7,000.00 2,299.00 $ 19,299.00 $ 1,280.00 1,120.00 $ 2,400.00 Section 3. That all ordinances, resolutions, and motions of the Board of Trustees of the Town of Firestone or parts thereof, in conflict with the provisions of this Ordi- nance, are to the extent of such conflict hereby superseded and repealed. Section 4. The Board of Trustees hereby finds, de- termines, and declares that because of contingencies which could not have been reasonably foreseen at the time of the adoption of the 1976 budget and in order to protect and pre- serve the immediate public health, safety and welfare of the inhabitants and property within the Town of Firestone, that the amendments to the 1976 budget herein provided for were necessary and are approved to alleviate the state of emer- gency hereby found to exist. Section 5. Because of the state of emergency which now exists in the Town of Firestone and to provide adequate protection against said emergency, this Ordinance shall be in full force and effect upon the expiration of FIVE (5) days after its passage and publication. Approved, adopted, ordered published, and a certified copy of this Ordinance ordered filed as provided.by law by the Board of Trustees of the Town of Firestone at a regular meeting on the First day of September, 1976. (3LIP7ae£7i::I Mayor ATTEST: ½ J-_.;_,:,--e ._,,__;;;g-;; ' Qc..Z- \ Town Clerk -3- ... ORDINANCE NO. 7f AN ORDINANCE RELATIVE TO THE ANNEXATION OF CERTAIN ADJACENT TER- RITORY TO THE TOWN OF FIRESTO"IE, COLORADO, SPECIFICALLY ANNEXING SAID PROPERTY AS AN ADDITION TO THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: WHEREAS, the following described unincorporated territory in the County of Weld, State of Colorado, is eligible for an- nexation to the Town of Firestone, under the applicable laws of the State of Colorado, to-wit: That portion of the South Half of Section 19, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as fol- lows: Beginning at the Southwest corner of said Section; thence along the South line of the Southwest Quarter of said Section North 89°40'09'' East 179.60 feet to the TRUE POINT OF BEGINNING; said point being on the East right of way line of the Union Pacific Railroad; thence along said right of way line North 0°52'30" West 1914.77 feet to the South line of the Weld County Tri-Area Sanitation District property; thence along the property lines of said District the following courses: South 61°32'30" East 17.78 feet; thence North 0°52'30" West 115.00 feet; thence south 61°32'30'' East 84.33 feet; thence North 0°52'30" West 609.00 feet; thence South 61°32'30'' East 735.67 feet; thence South 29°05'30" West 410.00 feet; thence South 61°32'30" East 15.00 feet; thence North 29°05'30'' East 410.00 feet; thence parallel with the East-West Centerline of said Section North 89°50'20" East 4151.97 feet to the East line of said South Half; thence along the East line of the Southeast Quarter of said Section South 1°51'36" East 2217.09 feet to the Southeast corner of said Sec- tion; thence along the South line of said Southeast Quarter South 89°40'59'' West 2640.61 feet to the South Quarter Corner of said Section; thence alonq the South line of said Southwest Quarter South 89°40'09" West 2292.82 feet more or less to the TRUE POINT OF BEGIN- NING. The above described tract contains a gross acreage of 252.86 acres more or less. and more particularly described on maps accompanying the Peti- tion hereinafter mentioned; and WHEREAS, a written Petition in proper form and signed by the owners of ONE HUNDRED (100%) per cent of the area of said terri- tory to be annexed has been presented to and filed with the Board of Trustees of the Town of Firestone which Petition was accompa- nied by FOUR (4) copies of a mao or plat of said territory, and WHEREAS, all of the necessary prerequisites required by the laws of the State of Colorado have been pleaded by the Petition- ers and the Petitioners above-mentioned are now entitled to the approval of the Board of Trustees of the Town of Firestone, for such annexation. NOW, THEREFORE, the Board of Trustees of the Town of Fire- stone, Colorado, ordains as follows: Section 1. That the above described property be annexed to and be included within the corporate limits of the Town of Firestone. Section 2. That said annexed territory be known as the Zadel Addition to the Town of Firestone. Section 3. That the Mayor and Town Clerk of the Town of Firestone are authorized and directed to complete all the neces- sary procedures required for annexation of said property to the Town of Firestone, in accordance with the provisions of the laws of the State of Colorado. Approved, adopted, and ordered published by the Board 3,u~¼ees of the Town of Firestone, at a regular meeting on · \._ day of '.J:1.r11..J LP+6 btAJ , 1976. ATTEST : ,··-;; 71.~<. ... ~ ( ._.J;,.~ Minn~tte Paul, Town Clerk '·· Published in the Farmer and Miner on -2- of the ,_ ORDINANCE NO. AN ORDINANCE RELATING TO THE ZONING OF THE TOWN OF FIRESTONE, AMENDING AND CHANGING BOUNDARIES OF DISTRICTS WITH PARTICULAR REFERENCE TO THE ZADEL ANNEXATION. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section 1. That all of Tract 1 of said Addition to the Town of Firestone is hereby zoned M-2, to-wit: That portion of the South Half of Section 19, Town- ship 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, more particularly de- scribed as follows: Beginning at the Southwest corner of said Section; thence along the South line of the Southwest Quarter of said Section North 89°40'09" East 179.60 feet to the TRUE POINT OF BEGINNING; said point being on the East right of way line of the Union Pacific Railroad; thence along said right of way line North 0°52'30" West 1914.77 feet to the South line of the Weld Coun- ty Tri-Area Sanitation District property; thence along the property lines of said District the fol- lowing courses: South 61°32'30" East 17.78 feet; thence North 0°52'30" West 115.00 feet; thence South 61°32'30'' East 84.33 feet; thence North 0°52'30'' West 609.00 feet; thence South 61°32'30" East 735.67 feet; thence South 29°05'30'' West 410.00 feet; thence South 61°32'30'' East 15.00 feet; thence North 29°05'30" East 148.44 feet; thence along a line parallel with said East right of way line South 0°52'30" East 2000.23 feet to the South line of said Southwest Quarter; thence along said South line South 89°40'09" West 612.82 feet more or less to the TRUE POINT OF BEGINNING. The above described Tract 1 contains a gross acreage of 33.76 acres more or less. Section 2. That all of Tract 2 of said Addition to the Town of Firestone is hereby zoned C-2, to-wit: That portion of the South Half of Section 19, Town- ship 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, more particularly de- scribed as follows: Beginning at the Southwest corner of said Section; thence along the South line of the Southwest Quarter of Said Section North 89°40'09'' West 792.42 feet to the TRUE POINT OF BEGINNING; thence parallel with the East Right of Way line of the Union Pacific Rail- road North 0°52'30" West 850.00 feet; thence parallel with the South line of the Southwest Quarter of said Section North 89°40'09'' East 1028.97 feet to its in- tersection with a curve concave to the Southwest having a central angle of 35°40'40" and a radius of 485.00 feet; thence Southeasterly alqng the arc of said curve 302.01 feet to the end of said curve; thence parallel with said East Right of Way line South 0°52'30" East 568.00 feet to the South line of ,. •• said Southwest Quarter; thence along said South line South 89°40'09" West 1120.00 feet more or less to the TRUE POINT OF BEGINNING. The above described Tract contains a gross acreage of 21.67 acres more or less. Section 3. That all of Tract 3 of said Addition to the Town of Firestone is hereby zoned R-1, to-wit: That portion of the South Half of Section 19, Town- ship 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, more particularly de- scribed as follows: Beginning at the Southwest corner of said Section; thence along the South line of the Southwest Quarter of said Section North 89°40'09" East 1912.42 feet to the TRUE POINT OF BEGINNING; thence parallel with the East Right of Way line of the Union Pacific Railroad North 0°52'30" West 568.00 feet to the beginning of a curve concave to the Southwest having a central angle of 35°40'40'' and a radius of 485.00 feet thence Northwesterly along the arc of said curve 302.01 feet; thence parallel with the South line of the Southwest Quarter of the said Section South 89°40'09" West 1028.97 feet; thence parallel with said East Right of Way line North 0°52'30" West 1150.23 feet to the South line of the Weld County Tri-Area Sanitation District property; thence along said South line the following courses: North 29°05'30" East 261.56 feet; thence North 28°27' 30" East 471.17 feet to the East West centerline of said Section; thence along said centerline North 89° 50'20" East 3914.00 feet to the East Quarter of said Section; thence along the East line of the Southeast Quarter of said Section South 1°51'36" East 2630.86 feet to the Southeast corner of said Section; thence along the South line of said Southeast Quarter South 89°40'59" West 2640.61 feet to the South Quarter Cor- ner of said Section; thence along the South line of said Southwest Quarter South 89°40'09" West 560.00 feet more or less to the TRUE POINT OF BEGINNING. The above described Tract contains a gross acreage of 235.72-acres more or less. Approved, adopted, and ordered published by the Board of Trus~ees of t~e Town of Firestone ::S/1...C,~day of ";)1.ly.LP 4 ,. .... -{;f!A_-.; at a regular meeting on the , 19 7 6. TOWNu}'IRESTONE, By: 1 LI. /) C {lf;;A £;-;;tA, ATTEST: 'n ?::b-:,.--.~~ (2C<--<..-<~ ' \.,__ Town Clerk Published in the Farmer and Miner on -2- Mayor ORDINANCE TITLES 80-100 $1. Ordinance repealing Portions of Liqour Section of Code 82. Ordinance pertaining to monthly water rates. 83. Ordinance regulating the fee for Annexation 84. Ordinance pertainging to time limitations on the physical tapping of the water lines 85. Ordinance pertaingin to charges for reinstating water service in the service area of the town 86. Ordinance adopting the budget for the year 1977 87. Annual appropriations ordinance 88. Ordinance pertaining to monthly water rates amending Ordinance 82. 89. Ordinance enacting and establishing procedures for the processing and hearing of zoning and rezoning applications. 90. Ordinance relating to the zoning of the town of Firestone Lots 38.39, and 40 Biock 22 91. Ordinance relating to the zoning of lots 1, 2, 3, 4 B.23 92. Ordinance pertaining to monthly water rates for various size taps amending Ordinance 82 93. Ordinance for regulation of traffic and setting schedules amending Traffic Code 94.Ordinance pertaining to the use and regulation of town parks by adding new chapter to code of Firestone. 95. Ordinance pertaining to regulating the water connection charge amending Section 11 Chapter 13. Ord70. 96. Ordinance adopting by Rererence the Uniform Code for the Abatement of Dangerous Buildings, 1976 Edition. 97. Ordinance relative to annexation of certain property(Zadel 2nd) 98.Ordinance relating to zoning of Zadel Second Annexation. 99. Annual Budget Ordinance for 1978 100. Annual Appropriations Ordinance for 1978 ORDINANCE NO. AN ORDINANCE REPEALING PORTIONS OF THE CODE OF THE TOWN OF FIRE- STONE, WELD COUNTY, COLORADO, PERTAINING TO ALCOHOLIC BEVERAGES AND ENACTMENT OF RULES OF PROCEDURE PERTAINING TO LIQUOR APPLI- CATIONS. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section 1. Section 1 through Section 26, inclusive, found in Part I, II, III and IV, Chapter 2, of the Code of the Town of Firestone are hereby repealed. Said repeal shall also apply to the descriptive titles of Part I, II, III and IV. Section 2. A new Part I, Chapter 2 of the Code of the Town of Firestone, entitled RULES OF PROCEDURE FOR LIQUOR APPLI- CATIONS is hereby enacted to read as follows: PART I. RULES OF PROCEDURE FOR LIQUOR APPLICATIONS. 2-1. Purpose and Applicability. The purpose of the Rules of Procedure contained here- in is to provide a uniform, consistent and expeditious method of procedure for the conduct of all liquor re- lated hearings to be held before the Board of Trustees, of the Town of Firestone, Weld County, Colorado. The provisions of this procedure shall be applied uniformly in all such hearings; provided, however, that the Board of Trustees of the Town of Firestone may supplement the provisions of this Chapter 2 by the adoption of further Rules of Procedure not inconsistent herewith. All rules adopted to supplement the provisions of this Chapter by the Board of Trustees of the Town of Fire- stone shall be by Resolution and copies thereof shall be made available to the public. 2-2. Hearings. The provisions of Sections 2-1 through 2-7 shall be ap- plicable to those hearings where the Board of Trustees receives an application for the issuance of a liquor license or a fermented malt beverage license and shall also apply to hearings for the suspension or revocation of such licenses. 2-3. Rights of Participants. All liquor hearings shall be conducted under procedures designed to insure all interested parties due process of law and shall, in all cases, provide for the follow- ing: a. The administration of oaths to all parties or wit- nesses who appear for the purpose of testifying upon factual matters. b. The cross-examination, upon request, of all wit- nesses by the interested parties. c. The stenographic, or other verbatim, reproduction - of all testimony presented in the hearing, or an adequate summary of such testimony. d. A clear decision by the hearing body which shall set forth the factual basis and reasons for the decision rendered. 2-4. Order of Procedure. In all liquor or fermented malt beverage license hear- ings the following order of procedure shall be followed: a. Presentation of those documents showing the regu- larity of the commencement of the proceedings and the form of the public notice given. b. Presentation of evidence by the applicant, peti- tioner, appealing party or complainant. c. Presentation of evidence in support of the appli- cant, petitioner, appealing party or complainant by any other person. d. Presentation of evidence from any person opposing the application, petition, appeal or complaint. e. Presentation of evidence in opposition or rebuttal to the matters presented by the opposition. f. All documents or other items of physical evidence shall be marked as exhibits with such identifying symbols as may be necessary to determine the ex- hibit referred to by any witness or other person. 2-5. Rules of Evidence. The hearing body shall not be required to observe for- mal rules of evidence, but may consider any matter which a majority thereof concludes is reasonably reli- able and calculated to aid the hearing body in reach- ing an accurate determination of the issues involved. 2-6. Notice of Decision. All hearings shall be conducted in an open session which shall be duly recorded in the Minutes of the pub- lic body. Written copies of all decisions shall be delivered to the applicant, petitioner, appealant, com- plainant and other interested parties requesting the same. 2-7. Judicial Enforcement and Review. Any party aggrieved by any decision rendered in any liquor or fermented malt beverage hearing may apply to have said decision reviewed by a Court of competent jurisidction, in accordance with the laws of the State of Colorado. Section 3. Should any section, clause, sentence or part of this Ordinance be adjudged by any Court of competent jurisdic- tion to be unconstitutional or invalid, the same shall not af- fect the validity of the Ordinance as a whole or part thereof, other than the part so declared to be unconstitutional or in- valid. -2- Section 4. Any part of any Ordinance or of the Code of the Town of Firestone which is in conflict herewith is hereby repealed. Section 5. This Ordinance shall be in full force and ef- fect from and after FIVE (5) days from the date of final passage, approval, and publication. Pass~p, adopted, signed:':proved, and ordered published this _3A..--c..l(__ day of ""-©.{!.£}&-½d;j 1.J , 1976. MAYOR: ATTEST: Published in the Farmer and Miner on Paul A. Hurtado -3- ORDINANCE NO. AN ORDINANCE PERTAINING TO MONTHLY WATER RATES. BE IT ORDAINED BY THE TRUSTEES OF THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO: Section 1. Repeal of Current Water Service Charge. Section 12 of Chapter 13 of the Code of the Town of Firestone is repealed on the effective date of this Ordinance and is re-enacted to read as follows: 13-12. Water Service Charge. There shall be assessed and charged for the use of water meas- ured through a meter, per month, from any of the water lines, water mains, or water system of the Town of Firestone, rates and rentals as hereinafter set forth: (a.) For water users inside the Town limits of the Town of Firestone there shall be charged: For the first 9,000 gallons ... $13.50 For the next 6,000 gallons .... $ .70 per 1,000 gallons Over 15,000 gallons ........... $ .60 per 1,000 gallons (b.) The rates with respect to water usage shall take effect on December 1, 1976. Section 2. Repeal of Inconsistent Ordinances. All Ordinances, Resolutions, and Motions of the Board of Trus- tees of the Town of Firestone or parts thereof, in conflict with the provisions of this Ordinance, are to the extent of such conflict hereby superseded and repealed. Section 3. Severability. The Sections of this Or- dinance are hereby declared to be severable, and if any Sec- tion, provision, or part thereof shall be held unconstitu- tional or invalid, the remainder of this Ordinance shall continue in full force and effect, it being the legislative intent that this Ordinance would have been adopted even if such unconstitutional or invalid matter had not been in- cluded therein. It is further declared that if any provi- sion or part of this Section, or the application thereof to any person or circumstances, is held invalid, the remainder of this Ordinance and the application thereof to other per- sons shall not be effe.cted thereby. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preservation of the public health, safety, convenience, and general welfare, and it is enacted for that purpose and shall be in full force and ef- fect FIVE ·(s) days after passage and final publication. Approved, adopted, and ordered published~byffhe Board of Trustees of the Town of Firestone on the~ day of November, 1976. MAYOR: ATTEST: )? ~ ~ Minnette Paul, Town Clerk ' Published in the Farmer and Miner on ORDINANCE NO. AN ORDINANCE REGULATING THE FEE FOR ANNEXATION OF TERRITORY TO THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE- STONE, COUNTY OF WELD, STATE OF COLORADO: Section 1. Procedure for Annexation. Paragraph A, of Section 70, of Part IV of Chapter 10 of the Code of the Town of Firestone is hereby amended to read as follows: A. Any person desiring to annex real property to the Town of Firestone must file a Petition with the Town Clerk at least THIRTY (30) days prior to the Planning Commission meeting at which the Pe- tition shall be considered. The Petition shall be accompanied by an annexation filing fee of FIFTY AND NO/100 ($50.00) DOLLARS which shall be nonrefundable. The Petitioner shall also agree to pay to the Town of Firestone all costs incurred by the Town including, but not limited to, record- ing costs, publication costs, appraisal fees, sur- veys, attorney's fees, engineering fees, and any other reasonable expenses incurred by the Town in reviewing and processing said Petition. Section 2. Validity. Should any section, clause, sen- tence or part of this Ordinance be adjudged by any Court of competent jurisdiction to be unconstitutional and/or invalid, the same shall not affect the validity of the Ordinance as a whole or part thereof, other than the part so declared to be unconstitutional or invalid. Section 3. Conflicts. Any part of any Ordinance or of the Code of the Town of Firestone which is in conflict here- with is hereby repealed. Section 4. When Effective. This Ordinance shall be in full force and effect from and after FIVE (5) days from the date of final passage, approval, and publication. Passe , adopted, signed, approved, and ordered published this 11t.-.1 day of 7'\J)-{J/1-:¾.,,e,g,u , 1976. Mayor: Paul A. Hurta ATTEST: /'/ ~~ I e~ Minn~tte Paul, Town Clerk Published in the Farmer and Miner on ORDINANCE NO. AN ORDINANCE PERTAINING TO TIME LIMITATIONS ON THE PHYSICAL TAPPING OF THE WATER LINES OF THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE- STONE, COUNTY OF WELD, STATE OF COLORADO: Section 1. Chapter XIII of the Code of the Town of Firestone is amended by the addition of the following Sec- tion 17 to Division II, of Part I of Chapter XIII entitled "Utilities" of the Code of the Town of Firestone: 13-17. Time Limitation on Tapping. The physical connection of any water tap approved by the Town of Firestone shall be completed with- in THREE (3) years after such approval. Approved taps that have not been connected within THREE (3) years after approval shall be forfeited to- gether with all application fees unless, for good cause shown, the Board of Trustees of the Town of Firestone extends the time for completing the connection. Section 2. All Ordinances, Resolutions, and Motions of the Board of Trustees of the Town of Firestone or parts thereof, in conflict with the provisions of this Ordinance, are to the extent of such conflict hereby superseded and re- pealed. Section 3. The Sections of this Ordinance are here- by declared to be severable, and if any Section, provision, or part thereof shall be held unconstitutional or invalid, the remainder of this Ordinance shall continue in full force and effect, it being the legislative intent that this Ordi- nance would have been adopted even if such unconstitutional or invalid matter had not been included therein. It is fur- ther declared that if any provision or part of this Section, or the application thereof to any person or circumstances, is held invalid, the remainder of this Ordinance and the ap- plication thereof to other persons shall not be effected thereby. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preservation of the public health, safety, convenience, and general welfare, and it is enacted for that purpose and shall be in full force and ef- fect FIVE (5) days after passage and final publication. of of Approved, adopted, and ordered published by ~be Board Tr~_tees oy the Town of Firestone on the O 'f:!. day ~'l;f'-./tl.H,_ ~1,'b-t<.i,£;.-,t=<"'4~~~,".U-/=----, 19 7 6 • ' ATTEST: 1) )J 1.,: -, -,.e ,f"'C,-' ~Q__ Minnette Paul, Town Clerk \ Published in the Farmer and Miner on ORDINANCE NO. gr.; AN ORDINANCE AUTHORIZING THE BOARD OF TRUSTEES TO SELL AND DISPOSE OF CERTAIN REAL ESTATE OWNED BY THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE- STONE, WELD COUNTY, COLORADO: Section 1. The Board of Trustees of the Town of Fire- stone hereby authorizes the sale of the following described property currently owned by the Town of Firestone and that the Mayor or Mayor Pro Tern and the Town Clerk or the Town Clerk Pro Tern be authorized to execute such deed or deeds as may be required to transfer said property for the consideration of ONE HUNDRED AND NO/100 ($100.00) DOLLARS: Lot THIRTY-EIGHT (38), Lot THIRTY-NINE (39), and Lot FORTY (40), all in Block TWENTY-TWO (22), Town of Firestone. Section 2. That the Town of Firestone reserve any and all mineral rights that it may have in and to such prop- erty. Section 3. That the hereinabove described real es- tate is not being used or held by the Town of Firestone as or for waterworks, ditches, gasworks, electric lightworks, or public utility, public buildings, park purposes or for any other governmental purpose. Approved, adopted and ordered published by Trustees of the Tow:Jf Firestone, at a regular the / day of'.&l&_,4t,,/ , 1976 . . MAYOR: ATTEST: --:L Published in the Farmer and Miner on the Board of meeting on ORDINANCE NO. AN ORDINANCE PERTAINING TO CHARGES FOR REINSTATING WATER SERVICE IN THE WATER SERVICE AREA OF THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE- STONE, COUNTY OF WELD, STATE OF COLORADO: Section 1. Chapter XIII of the Code of the Town of Firestone is amended by the addition of the following Sec- tion 18 to Division II, of Part I of Chapter XIII entitled 11 Utilities 11 : 13-18. Charges for Reinstatement of Water Serv- ice. If the water supply to any premise served by the Town of Firestone is shut off pursuant to the Code of the Town of Firestone because of the failure of the owner, lessee, renter, user or possessor of said premises to abide by the pro- visions of said Code, a charge of TEN AND NO/100 ($10.00) DOLLARS shall be charged before the water supply is restored. Section 2. All Ordinances, Resolutions, and Motions of the Board of Trustees of the Town of Firestone or parts thereof, in conflict with the provisions of this Ordinance, are to the extent of such conflict hereby superseded and re- pealed. Section 3. The Sections of this Ordinance are here- by declared to be severable, and if any Section, provision, or part thereof shall be held unconstitutional or invalid, the remainder of this Ordinance shall continue in full force and effect, it being the legislative intent that this Ordi- nance would have been adopted even if such unconstitutional or invalid matter had not been included therein. It is fur- ther declared that if any provision· or part of this Section, or the application thereof to any person or circumstances, is held invalid, the remainder of this Ordinance and the ap- plication thereof to other persons shall not be effected thereby. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preservation of the public health, safety, convenience, and general welfare, and it is enacted for that purpose and shall be in full force and ef- fect FIVE (5) days after passage and final publication. of of Approved, adopted, and ordered published Trustees 3~:~~ !own of Firestone on the ~ ~a-', 1976. by the Board / day MAYOR:~ . ,,t.__ ,,f ( '5~/lif2_,,~~ Paul A. Hurtado Published in the Farmer and Miner on .._ ---------------- ORDINANCE AN ORDINANCE ADOPTING THE BUDGET FOR THE TOWN OF FIRESTONE, COLORADO FOR THE FISCAL YEAR BEGINNING ON THE 1st DAY OF JANUARY, 1977, AND ENDING ON THE LAST DAY OF DECEMBER, 1977, ESTIMATING THE AMOUNT OF MONEY NECESSARY TO BE RAISED BY TAX LEVY BASED ON THE SAID BUDGET SO ADOPTED; ESTIMATING THE AMOUNT OF MONEY TO BE DERIVED FROM OTHER REVENUE SOURCES AND SETTING FORTH THE TOTAL ESTIMATED EXPENDITURES FOR EACH FUND. WHEREAS, THE TOWN TRUSTEES designated to prepare the annual budget for Firestone, Colorado, for the fiscal year beginning January 1, 1977, and ending December 31, 1977, has prepared said budget and submitted it to the Board of Trustees, and, WHEREAS, the Board of Trustees held a public hearing on said budget on /-J~ /t77£ . AND WHEREAS, THE ASSESSED VALUATION OF taxable propeety for the year 1976 in the Town of Firestone, as returned by the County Assessor of Weld County, Colorado is the sum of $888,980. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN OF FIRESTONE, COLORADO: Section 1: That the estimated revenues for the.various funds for the Town of Firestone is: GENERAL FUND Property taxes Other Revenue TOTAL GENERAL FUND WATER FUND Total Revenue PARK FUND Revenues Gov"t Transfer TOTAL PARK FUND HIGHWAY FUND Unappropriated surplus Highway Users Tax Taxes Receivable Road and Bridge Fund TOTAL HIGHWAY FUND REVENUE SHARING FUND Revenue allotment $ 4373 $ 37400 $ 41773 $ 94717 $ 2000 $ 4200 $ 6200 $ 22000 $ 2950 $3000 $ 3000 $ 30950 $ 2400 2 ORDINANCE f' b Section 2: That the estimated expenditures for each fund of the Town of Firestone are as follows: GENERAL FUND WATER FUND PARK FUND HIGHWAY FUND REVENUE SHARING FUND $ $ 41 773 $ __ 9:....4:....7c...:l:....7 ___ _ $ __ 6::.;2::.;0:...:0:.._ __ _ $ 30950 $ 2400 Section 3: That the budget for the Town of Firestone, Colorado, for the fiscal year beginning January 1, 1977, and ending December 31, 1977, as heretofore submitted to the Board of Trustees by the Town Trustees, and as changed and ammended by said Board of Trustees be, and the same hereby is adopted and approved as the budget for the Town of Firestone for the said fiscal year. Section 4: That the budget herein approved and adopted shall be signed by the Mayor and the Town Clerk, and made a part of the public records of the Town of Firestone. INTRODUCED, READ AND ADOPTED ON THIS d-et~t976. Mayor >2 1;:1-,-----e-~ a~JL Town Clerk ·- (Seal) ORDINANCE ?7 THE ANNUAL APPROPRIATION ORDINANCE APPROPRIATING SUMS OF MONEY TO DEFRAY EXPENSES AND LIABILITIES OF THE TOWN OF FIRESTONE, COLORADO FOR THE TOWN"S FISCAL YEAR BEGINNING JANUARY 1, 1977, AND ENDING ON THE LAST DAY OF DECEMBER, 1977. WHEREAS, the Board of Trustees has, by ordinance, made the proper tax levy in mills upon each dollar of the total assessed valuation of all taxable property within the Town, such levy representing the amount of taxes for the Town's purpose necessary to provide for payment during the town's said fiscal year of all properly authorized demands upon the treasury, and WHEREAS, the Board of Trustees is now desirous of making appropriations for the ensuing fiscal year. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1: That the following appropriations are hereby made for the Town of Firestone, Colorado, for the fiscal year beginning January 1, 1977 and ending on the last day of December, 1977, the sum of$ 41773 from the General Fund, the sum of$ 94717 from the water Fund, and the su~ of $6200 from the Park Fund for the payment of operating' expenses and capitol outlay of the general government, public safety, publiq works, recreation, public health. Section 2: That the sum of$ 30950 is hereby appropriat(;!d from the Highway Fund for the operation, maintenance, and construction of roads. Section 3: That the sum of $_~2~4~0~0::._ _ _:i~s=-hereby from the Revenue Sharing Fund to be transferred Genral Fund for general purposes. appropriated to the IN.TRODUCED, READ, AND ADOPTED ON THIS /Jday of .v ,)..{(I,, n M:<--1-9 7 6 • Mayor ') 7 '1.-<'.--<--,~ Qa-<-J- \_ Town Clerk (seal) .,,.. : (✓ J/?;., e ,<I-,..;· ORDINANCE NO. -S~Z __ AN ORDINANCE PERTAINING TO MONTHLY WATER RATES FOR VARIOUS SIZE TAPS IN THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO. BE IT ORDAINED BY THE TRUSTEES OF THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO. Section 1. Amendment of Water Service Charges. Section 12 of Chapter 13 of the Code of the Town of Firestone is amended to .reaq' as follows: METER SIZE 5/_s-n 3/4" l" 1-1/2" 2" 3" 13-12. Water Service Charge. There shall be assessed and charged for the use of water measured through a meter, per month, from any of the water lines, water mains, or water system of the Town of Firestone, rates and rentals, as follows: MONTHLY MINIMUM CHARGE FOR FIRST 9,000-15,000 OVER 15,000 9,000 GALLONS GALLONS USED GALLONS USED $13.50 .70/1,000 gal .60/1,000 gal $21.00 .70/1,000 gal .60/1,000 gal $37.50 .70/1,000 gal .60/1,000 gal $53.50 .70/1,000 gal .60/1,000 gal $69.50 .70/1,000 gal .60/1,000 gal $86.00 .70/1,000 gal .60/1,000 gal Section 2. Repeal of Inconsistent Ordinances. All Or- dinances, Resolutions, and Motions of the Board of Trustees of the Town of Firestone or parts thereof, in conflict with the provisions of this Ordinance, are to the extent of such con- flict hereby superseded and repealed. Section 3. Severabili ty. -·· The Sections of this Ordinance are hereby declared to be severable, and if any Section, pro- vision, or part thereof shall be held unconstitutional or in- valid, the remainder of this Ordinance shall continue in full force and effect, it being the legislative intent that this Ordinance would have been adopted even if such unconstitutional or invalid matter had not been included therein. It is further declared that if any provision or part of this Section, or the application thereof to any person or circumstances, is held invalid, the remainder of this Ordinance and the application thereof to other persons shall not be effected thereby. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preservation of the public healty, safety, convenience, and general welfare, and it is enacted for that purpose and shall be in full force and ef- fect FIVE (5) days after passage and final publication. Approved, adopted, and ordered of Tr~s of the Town of Firestone 9-: JM 00 , 1911. published by the Board on this / b day of . , ., .. \. . ,, ATTEST: )-7;;;..;__.~ 1·.i?~ Minn~tte Paul, Town Clerk Published in the Farmer and Miner on -2 - ORDINANCE NO. A.~ ORDINANCE ENACTING AND ESTABLISHING PROCEDURES FOR THE PRO- CESSING AND HEARING OF ZONING AND REZONING APPLICATIONS. BE IT ORDAINED BY THE BOARD OF' TRUSTEES OF THE TOWN OF FIRESTONE, \·/ELD. COUNTY, COLORADO: Section 1. Purpose. The purpose of this Ordinance shall be to provide a uniform, consistent and fair method of procedure for the consideration of zoning and rezoning applications sub- mitted to the Town of Firestone. Section 2. Amendment to Code of Firestone. Part II of Chapter 10 of the Code of the Town of Firestone is hereby amended by the addition of the following. Section 10-50: 10-50. Procedures for Processing and Hearing of Zoning and Re- zoninq Applications. A. The procedure for changing the boundaries, area or clas- sification of any zoning district of the Town of Firestone, as shown on the Town of Firestone Zoning Map shall be as hereinafter provided. B. Application for any amendment, supplement or change to any zoning district, as shown on the Town of Firestone Zoning Map, may be made by any person, firm, partnership or corporation; or by the Town of Firestone Planning Commission; or by the Town of Firestone Board of Trustees. c. Applications for any such amendments, supplements or changes shall contain the following information: (1.) Name and address of applicant. (2.) An accurate legal description of the property included in the application. (3.) The name and address of all persons having any legal or equitable interest in the property to be zoned or rezoned. (4.) The location of the property with reference to streets and addresses, if any. (5.) Present zoning, if any. (6.) The requested zoning or rezoning. (7.) A statement of the reasons for requesting the zoning or rezoning. (8.) The application shall be signed by the applicant or the duly authorized representative of the applicant. (9.) The application shall be accompanied by a fee of FIFTY AND NO/100 ($50.00) DOLLARS, payable to the Town of Firestone. D. All matters relating to the zoning or rezoning of prop- erty within the corporate limits shall be deemed quasi-judicial in nature except amendments, supplements or changes which are . • generally applicable in effect, te~ms or context and said gen- erally applicable amendments, supplements or changes shall be deemed legislative in character &nd not quasi-judicial. E. All quasi-judicial hearings shall be conducted under procedures designed to insure all interested parties due process of law and shall, in all cases, provide for the following: (1.) Notice of hearing shall be published once in a newspaper of general circulation in· the Town of Fire- stone at least FIFTEEN (1-5) days prior to the hearing date. Said notice shall be published within the time limitations set forth herein prior to hearing by the Planning and Zoning Commission and prior to hearing by the Board of Trustees. (2.) The Secretary of the Planning Commission shall place the application on the agenda of a meeting of the Commission, and shall give notice thereof in writ- ing, in person, or by mail, to the applicant, which notice shall contain a statement of the date,· time, and place of the meeting of the Planning Commission at which such application shall be considered. The applicant shall, TEN (10) days or more before the date of such hearing, mail by certified or registered mail, return receipt requested, notices of such meeting to all owners of legal or equitable interests in said land, as shown by the application, and shall file proof of such mailing, and return receipts received, with the Commission-at the time of such hearing. No- tice of the holding of such meeting shall be posted on the property at least FIFTEEN (15) days in advance of such meeting in substantial conformity with the following: NOTICE OF PROPOSED REZONING The Planning Commission Will Conduct A Hearing On , 19 . , At .M. ------ At Firestone Town Hall Firestone, Colorado To Consider Rezoning The Following Described Area: (Insert Description) FROM TO In Accordance With The Town of Firestone Current Zoning Ordinances and Maps For Further Information Consult Town of Firestone, Town Clerk Town Hall, Firestone -2- • Telephone: 833-3291 REFER TO: CASE NO. (3.) The administration of oaths to all parties or witnesses who appear for the purpose of testifying upon factual matters. ( 4. )_ The right to be represented by counsel. (5.) The right to present and rebut testimony and evidence. (6.) The right of a party in interest to cross- examine other persons giving testimony, provided that: (a.) Such right is asserted at the meeting in which the person is giving testimony. (b.) Such right is asserted at the first available opportunity. (7.) A record of the hear~ngs, whether by electronic or stenographic reproduction. Any party who submits evidence or testimony shall be entitled to listen to the electronic reproduction of the proceedings at reasonable times, places and circumstances, and shall be entitled to a copy of the transcript of the pro- ceedings, or any portion thereof, upon payment of a reasonable fee. · (8.) The right, insofar as possible, to have the mem- bers of the Planning Commission and the Board of Trus- tees free from personal interest or a pre-hearing con- tact on quasi-judicial matters heard by them. At the commencement of the hearing, any member of the Plan- ning Commission or the Board of Trustees who has a substantial interest in the subject matter of the zon- ing or rezoning matter to be heard, or who has been unable to avoid a pre-hearing contact with the appli- cant, any interested party, or staff member of the Town with respect to the subject matt"er 6f the zoning or rezoning matter to be heard, shall reveal such sub- stantial interest or such pre-hearing contact. If such interest or contact impairs the member's .ability to vote on the matter, the member shall so state and shall abstain therefrom to the end that the proceeding shall be fair and shall have the appearance of fair- ness. (9.) The right to a written decision setting forth the findings of facts and conclusions, with the rea- sons or basis for said decision, on the material and relevant issues presented on the record. F. The provisions set forth in Section E. shall be applied uniformly in all quasi-judicial hearings. G. The burden of proof is placed upon the applicant seeking to justify his application. Such burden shall.be to prove the fol lowing:_ (1.) Granting the request is in the public interest; the.greater the departure from present land use pat- -3- terns, the greater the burden of the applicant·; (2.) The public interest is best served by granting the application for zoning or rezoning, and further that such public interest ·is best served by granting the application at the time of hearing; (3.) The proposed action fully accords with the ap- plicable goals and policies of the community develop- ment plan or other applicable goals and policies of the Planning Commission or Board of Trustees; (4.) The factors listed in Section 31-?3-303, C.R.S. 1973, were consciously considered. These factors in- clude: To lesson congestion in the streets; to se- cure safety from fire, panic, flood waters, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the over- crowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, ~chools, parks, and other'public requirements. Other factors include reasonable consideration, among other things, as to the character of the ar_ea and its peculiar suitabil- ity for particular uses, and with a view to conserv- ing the va'iue of buildings and encouraging the most appropriate use of land throughout the Town of Fire- stone. (5.) In addition, the applicant shall present any available evidence of change in the neighborhood or coITL~unity or a mistake in the planning or zoning of the neighborhood or community, which shall be and constitute additional relevant evidence to be taken into consideration by the Planning Commission and the Board of Trustees. . ' H. (1.) After the presentation of the case by the applicant, and presentation of all evidence and tes- timony by all interested parties, Planning Commission and Board of Trustees shall, after Commission or Board discussion, vote on the matter. Any motion must briefly state the findings of fact and conclusions of the Planning Commission and Board of Trustees with reference to the relevant and material evidence and testimony supporting such findings of fact and con- clusions. (2.) Notwithstanding subsection. (1.) of Section H., and as alternatives to said subsection, the Planning Commission and the Board of Trustees may act in ac- cordance with the following upon-vote of the majority of the members present: (a.) Make a decision and vote on the date of hearing, but request the Town Attorney to prepare find- ings of fact and conclusions for approval and adoption at the next regular meeting; or (b.) Defer a decision and direct the Town Attorney to prepare findings of fact and conclusions to be submitted to Planning Commission or the Board of Trustees at its next regular meeting, with final deliberation, decision and adoption of said findings of fact and conclusions at -4- that meeting; or (c.) Defer a decision until a date certain by which time the record and all evidence can be reviewed. At that time the Planning Commission or Board of Trustees can either adopt findings of fact and conclusions or direct the Town Attorney to pre- pare findings of fact and conclusions for adop- tion at the next regular meeting after the meet- ing to which the matter has been deferred. I. If. the recommendation of the Planning Commission is to approve or grant the proposed rezoning, the Town Clerk shall place an Ordinance embodying the proposed rezoning on the agenda of a meeting of the Board of Trustees for first reading. J. On or before the date set for first reading of an Or- dinance providing for zoning or rezoning, the applicant shall file with the Town Clerk, in final form, all written or graphic documents, instruments, maps or plats intended to be submitted in evidence by the applicant at the second reading and Public Hearing of the zoning or rezoning Ordinance. No instrument, document, plat, map or other graphic or written evidence not so filed may be submitted into evidence before the Board at said Public Hearing unless the Board of Trustees, by majority vote of the members present, shall find that such instrument, document, map or plat is necessary to the applicant's case and could not have been filed with the Town Clerk on the date set for first reading of the proposed Ordinance. In the event that an appli- cant fails to furni·sh written evidence at the proper time and the Board does not approve the submittal of said evidence, the Public Hearing may be ·continued to a date certain by motion of the applicant or upon motion of any member of the Board, provid- ing that the costs and expense of the publication and reposting of the property, if any, shall be borne by the applicant. K. The findings of fact and conclustons and recommenda- tions of Planning Commission, responses to referrals, and recom- mendations of planning staff shall be submitted to the Town Clerk iITLmediately after the final decision of the Planning Com- mission and shall become a part of the record of the case before the Board of Trustees. The same shall be considered to be a public record and available in the Office of the Town Clerk for examination by any person from the time of filing during reason- able business hours, including the members of the Board. L. Before consideration of any such Ordinance upon final reading and Public. Hearing thereon: (1.) Notice of the holding of such meeting shall be posted on the property at the direction of the Town Planning Division at least FIFTEEN (15) consecutive days in advance of such meeting in substantial con- formi. ty ,·1i th the following: NOTICE OF PROPOSED REZONING THE BOARD OF TRUSTEES WILL CONDUCT A HEARING ON: ___________ , 19 __ ==-' AT _____ .M. AT FIRESTONE TOl'IN HALL -5- FIRESTONE, COLORADO TO CONSIDER REZONING THE FOl'..LOl</ING DESCRIBED AREA: (INSERT DESCRIPTION) FROM: TO: IN ACCORDANCE IHTH THE TOWN OF FIRESTONE CURRENT ZONING ORDINANCES AND MAPS FOR FURTHER INFORMATION, CONSULT: TOWN CLERK TOWN OF FIRESTONE FIRESTONE, COLORADO TELEPHONE: 833-3291 REFER TO CASE NO: (2.) Said notice shall be deemed to have been posted on the property for the FIFTEEN (15) consecutive days prior to the Public Hearing if the applicant states on oath, or by affidavit, that said notice was prop- erly posted on the property on the day after the original posting. (3.) The Town Clerk shall cause the proposed Ordi- nance to be published in full in an official paper or a paper of general circulation in the Town, together with notice of such Public Hearing which shall be published at least FIFTEEN (15) days in advance of the date of such hearing, in substantially the follow- ing form: NOTICE OF PUBLIC HEARING ', ON PROPOSED REZONING BY ORDINANCE NO. Notice is hereby given that a Public Hearing on the application of to change the Firestone Zoning Maps according to the terms of .the proposed Town Ordinance herein- after set forth will be conducted by the Fire- stone Board of Trustees at its meeting on --------~' the -~--.· day of --~~--' 19 , at the Firestone Town Hall, commencing at o'clock p.m. All matters relating to said proposal may be examined at the offices of the Town Clerk in Firestone Town Hall, Firestone, Colorado. The proposed Ordinance, pu~lished in full herewith, is as follows: (Publication of Ordinance in full) M. The Town Clerk shall cause to be erected on the property to which the application applies, one or more signs reading sub- stantially as follows: · -6- \ .· NOTICE OF PROPOSED REZONING The Firestone Board of Trustees wi~l conduct a hearing on _________ , 19 ___ , at m., at the Firestone Town Hall, Firestone, Colo- rado, to consider rezoning the following de- scribed area: (Insert Description) FROM: TO: in accordance with the Town of Firestone current Zoning Ordinances and maps. For Further Information Consult: Town Clerk Town of Firestone Firestone, Colorado Telephone: 833-3291 REFER TO CASE NO: ORDINANCE NO: N. Following hearing on second reading of any such Ordi- nan'ce by and before the Board of Trustees and decision thereon, the Tm-m Clerk shall notify the applicant of the results of such decision. 0. If, after hearing, the Planning Commission shall recom- mend denial or disapproval of the requested zoning_change or changes, the Town Clerk shall not place an Ordinance embodying the zoning proposal on the agenda of the Board of Trustees' ses- sion, unless a written notice of appeal of the decision of the Planning Commission is filed with the Town Clerk, received by said Clerk at the Town Hall, not later than THIRTY (30) days after the decision of the Planning Commission recommending de- nial or disapproval. If a written notice of appeal is so re- ceived by the Clerk within such time, the Town Clerk shall there- after place an Ordinance embodying the zoning proposal on the agenda of the Board of Trustees and the procedures hereinabove set forth with respect to such Ordinance shall be followed. P. There shall be no refund of any fee which accompanies an application for a zoning change. Q. Any party or person aggrieved by any decision rendered by the Board of Trustees with regard to zoning or rezoning may seek review of such action by filing a petition for certiorari or other writ in accordance with the provisions of the Colorado Rules of Civil Procedure in the District Court not later than THIRTY (30) days from the final action taken by the Board. For the purposes of this Ordinance, the date of final action shall be considered the date upon which a vote upon the matter is taken, notwithstanding any conditions imposed upon the applicant by the Board or the subsequent adoption of findings and conclusions. Section 3. Severability. If any section, subsection, sen- tence, clause, phrase or portion of this Ordinance is for any -7- .- reason held invalid or unconstitutional by any Court of compe- tent. jurisdiction·, such portion shall be deemed a separate, -dis 0 tinct and independent provision and such holding shall not af- fect the validity of the remaining portions hereof. Section 4. Effective Date. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preser- vation of the public health, safety, convenience and general welfare, and it is enacted for that purpose and shall be in full force and effect FIVE (5) days after the passage and final pub- lication. Approved, adopted, and ordered published by the Board of Trustees of the Town of Firestone, Weld County, Colorado, on the q day of April, 1977. MAYOR: G?uw a &b4i;i~ ATTEST: Town Clerk -8- ORDINANCE NO. AN ORDINANCE ENACTING AND ESTABLISHING PROCEDURES FOR THE PRO- CESSING AND HEARING OF ZONING AND REZONING APPLICATIONS. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section 1. Purpose. The purpose of this Ordinance shall be to provide a uniform, consistent and fair method of procedure for the consideration of zoning and rezoning applications sub- mitted to the Town of Firestone. Section 2. Amendment to Code of Firestone. Chapter 10 of the Code of the Town of Firestone by the addition of the following Section 10-50: Part II of is hereby amended 10-50. Procedures for Processing and Hearing of Zoning and Re- zoning Applications. A. The procedure for changing the boundaries, area or clas- sification of any zoning district of the Town of Firestone, as shown on the Town of Firestone Zoning Map shall be as hereinafter provided. B. Application for any amendment, supplement or change to any zoning district, as shown on the Town of Firestone Zoning Map, may be made by any person, firm, partnership or corporation; or by the Town of Firestone Planning Commission; or by the Town of Firestone Board of Trustees. C. Applications for any such amendments, supplements or changes shall contain the following information: (1.) Name and address of applicant. (2.) An accurate legal description of the property included in the application. ( 3 • ) legal zoned The name and or equitable or rezoned. address of all persons having any interest in the property to be (4.) The location of the property with reference to streets and addresses, if any. (5.) Present zoning, if any. (6.) The requested zoning or rezoning. (7.) A statement of the reasons for requesting the zoning or rezoning. (8.) The application shall be signed by the applicant or the duly authorized representative of the applicant. (9.) The application shall be accompanied by a fee of FIFTY AND NO/100 ($50.00) DOLLARS, payable to the Town of Firestone. D. All matters relating to the zoning or rezoning of prop- erty within the corporate limits shall be deemed quasi-judicial in nature except amendments, supplements or changes which are generally applicable in effect, terms or context and said gen- erally applicable amendments, supplements or changes shall be deemed legislative in character and not quasi-judicial. E. All quasi-judicial hearings shall be conducted under procedures designed to insure all interested parties due process of law and shall, in all cases, provide for the following: (1.) Notice of hearing shall be published once in a newspaper of general circulation in the Town of Pire- stone at least FIFTEEN (15) days prior to the hearing date. Said notice shall be published within the time limitations set forth herein prior to hearing by the Planning and Zoning Commission and prior to hearing by the Board of Trustees. (2.) The Secretary of the Planning Commission shall place the application on the agenda of a meeting of the Commission, and shall give notice thereof in writ- ing, in person, or by mail, to the applicant, which notice shall contain a statement of the date, time, and place of the meeting of the Planning Commission at which such application shall be considered. The applicant shall, TEN (10) days or more before the date of such hearing, mail by certified or registered mail, return receipt requested, notices of such meeting to all owners of legal or equitable interests in said land, as shown by the application, and shall file proof of such mailing, and return receipts received, with the Commission at the time of such hearing. No- tice of the holding of such meeting shall be posted on the property at least FIFTEEN (15) days in advance of such meeting in substantial conformity with the following: NOTICE OF PROPOSED REZONING The Planning Commission Will Conduct A Hearing On ______ , 19 , At At Firestone Town Hall Firestone, Colorado • M. To Consider Rezoning The Following Described Area: (Insert Description) FROM TO In Accordance With The Town of Firestone Current Zoning Ordinances and Maps For Further Information Consult Town of Firestone, Town Clerk Town Hall, Firestone -2- Telephone: 833-3291 REFER TO: CASE NO. (3.) The administration of oaths to all parties or witnesses who appear for the purpose of testifying upon factual matters. (4.) The right to be represented by counsel. (5.) The right to present and rebut testimony and evidence. (6.) The right of a party in interest to cross- examine other persons giving testimony, provided that: (a.) Such right is asserted at the meeting in which the person is giving testimony. (b.) Such right is asserted at the first available opportunity. (7.) A record of the hear~ngs, whether by electronic or stenographic reproduction. Any party who submits evidence or testimony shall be entitled to listen to the electronic reproduction of the proceedings at reasonable times, places and circumstances, and shall be entitled to a copy of the transcript of the pro- ceedings, or any portion thereof, upon payment of a reasonable fee. (8.) The right, insofar as possible, to have the mem- bers of the Planning Commission and the Board of Trus- tees free from personal interest or a pre-hearing con- tact on quasi-judicial matters heard by them. At the commencement of the hearing, any member of the Plan- ning Commission or the Board of Trustees who has a substantial interest in the subject matter of the zon- ing or rezoning matter to be heard, or who has been unable to avoid a pre-hearing contact with the appli- cant, any interested party, or staff member of the Town with respect to the subject matter of the zoning or rezoning matter to be heard, shall reveal such sub- stantial interest or such pre-hearing contact. If such interest or contact impairs the member's ability to vote on the matter, the member shall so state and shall abstain therefrom to the end that the proceeding shall be fair and shall have the appearance of fair- ness. (9.) The right to a written decision setting forth the findings of facts and conclusions, with the rea- sons or basis for said decision, on the material and relevant issues presented on the record. F. The provisions set forth in Section E. shall be applied uniformly in all quasi-judicial hearings. G. The burden of proof is placed upon the applicant seeking to justify his application. Such burden shall be to prove the following: (1.) Granting the request is in the public interest; the greater the departure from present land use pat- -3- terns, the greater the burden of the applicant; (2.) The public interest is best served by granting the application for zoning or rezoning, and further that such public interest is best served by granting the application at the time of hearing; (3.) The proposed action fully accords with the ap- plicable goals and policies of the community develop- ment plan or other applicable goals and policies of the Planning Commission or Board of Trustees; (4.) The factors listed in Section 31-23-303, C.R.S. 1973, were consciously considered. These factors in- clude: To lesson congestion in the streets; to se- cure safety from fire, panic, flood waters, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the over- crowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements. Other factors include reasonable consideration, among other things, as to the character of the area and its peculiar suitabil- ity for particular uses, and with a view to conserv- ing the value of buildings and encouraging the most appropriate use of land throughout the Town of Fire- stone. (5.) In addition, the applicant shall present any available evidence of change in the neighborhood or community or a mistake in the planning or zoning of the neighborhood or community, which shall be and constitute additional relevant evidence to be taken into consideration by the Planning Commission and the Board of Trustees. H. (1.) After the presentation of the case by the applicant, and presentation of all evidence and tes- timony by all interested parties, Planning Commission and Board of Trustees shall, after Commission or Board discussion, vote on the matter. Any motion must briefly state the findings of fact and conclusions of the Planning Commission and Board of Trustees with reference to the relevant and material evidence and testimony supporting such findings of fact and con- clusions. (2.) Notwithstanding subsection (1.) of Section H., and as alternatives to said subsection, the Planning Commission and the Board of Trustees may act in ac- cordance with the following upon vote of the majority of the members present: (a.) Make a decision and vote on the date of hearing, but request the Town Attorney to prepare find- ings of fact and conclusions for approval and adoption at the next regular meeting; or (b.) Defer a decision and direct the Town Attorney to prepare findings of fact and conclusions to be submitted to Planning Commission or the Board of Trustees at its next regular meeting, with final deliberation, decision and adoption of said findings of fact and conclusions at -4- • that meeting; or (c.) Defer a decision until a date certain by which time the record and all evidence can be reviewed. At that time the Planning Commission or Board of Trustees can either adopt findings of fact and conclusions or direct the Town Attorney to pre- pare findings of fact and conclusions for adop- tion at the next regular meeting after the meet- ing to which the matter has been deferred. I. If the recommendation of the Planning Commission is to approve or grant the proposed rezoning, the Town Clerk shall place an Ordinance embodying the proposed rezoning on the agenda of a meeting of the Board of Trustees for first reading. J. On or before the date set for first reading of an Or- dinance providing for zoning or rezoning, the applicant shall file with the Town Clerk, in final form, all written or graphic documents, instruments, maps or plats intended to be submitted in evidence by the applicant at the second reading and Public Hearing of the zoning or rezoning Ordinance. No instrument, document, plat, map or other graphic or written evidence not so filed may be submitted into evidence before the Board at said Public Hearing unless the Board of Trustees, by majority vote of the members present, shall find that such instrument, document, map or plat is necessary to the applicant's case and could not have been filed with the Town Clerk on the date set for first reading of the proposed Ordinance. In the event that an appli- cant fails to furnish written evidence at the proper time and the Board does not approve the submittal of said evidence, the Public Hearing may be continued to a date certain by motion of the applicant or upon motion of any member of the Board, provid- ing that the costs and expense of the publication and reposting of the property, if any, shall be borne by the applicant. K. The findings of fact and conclusions and recommenda- tions of Planning Commission, responses to referrals, and recom- mendations of planning staff shall be submitted to the Town Clerk immediately after the final decision of the Planning Com- mission and shall become a part of the record of the case before the Board of Trustees. The same shall be considered to be a public record and available in the Office of the Town Clerk for examination by any person from the time of filing during reason- able business hours, including the members of the Board. L. Before consideration of any such Ordinance upon final reading and Public Hearing thereon: (1.) Notice of the holding of such meeting shall be posted on the property at the direction of the Town Planning Division at least FIFTEEN (15) consecutive days in advance of such meeting in substantial con- formity with the following: NOTICE OF PROPOSED REZONING THE BOARD OF TRUSTEES WILL CONDUCT , 19 _____ , AT -------A~T~~F~I=RESTONE TOWN HALL -5- A HEARING ON: .M. ----- • FIRESTONE, COLORADO TO CONSIDER REZONING THE FOLLOlvlNG DESCRIBED AREA: (INSERT DESCRIPTION) FROM: TO: IN ACCORDANCE WITH THE TOWN OF FIRESTONE CURRENT ZONING ORDINANCES AND MAPS FOR FURTHER INFORMATION, CONSULT: TOWN CLERK TOWN OF FIRESTONE FIRESTONE, COLORADO TELEPHONE: 833-3291 REFER TO CASE NO: (2.) Said notice shall be deemed to have been posted on the property for the FIFTEEN (15) consecutive days prior to the Public Hearing if the applicant states on oath, or by affidavit, that said notice was prop- erly posted on the property on the day after the original posting. (3.) The Town Clerk shall cause the proposed Ordi- nance to be published in full in an official paper or a paper of general circulation in the Town, together with notice of such Public Hearing which shall be published at least FIFTEEN (15) days in advance of the date of such hearing, in substantially the follow- ing form: NOTICE OF PUBLIC HEARING ON PROPOSED REZONING BY ORDINANCE NO. Notice is hereby given that a Public Hearing on the application of to change the Firestone Zoning Maps according to the terms of the proposed Town Ordinance herein- after set forth will be conducted by the Fire- stone Board of Trustees at its meeting on --------~'the--=----day of 19 , at the Firestone Town Hall, commencing at o'clock p.m. All matters relating to said proposal may be examined at the offices of the Town Clerk in Firestone Town Hall, Firestone, Colorado. The proposed Ordinance, published in full herewith, is as follows: (Publication of Ordinance in full) M. The Town Clerk shall cause to be erected on the property to which the application applies, one or more signs reading sub- stantially as follows: -6- • NOTICE OF PROPOSED REZONING The Firestone Board of Trustees will conduct a hearing on _________ , 19_-=-,_' at m., at the Firestone Town Hall, Firestone, Colo- rado, to consider rezoning the following de- scribed area: (Insert Description} FROM: TO: in accordance with the Town of Firestone current Zoning Ordinances and maps. For Further Information Consult: Town Clerk Town of Firestone Firestone, Colorado Telephone: 833-3291 REFER TO CASE NO: ORDINANCE NO: N. Following hearing on second reading of any such Ordi- nance by and before the Board of Trustees and decision thereon, the Town Clerk shall notify the applicant of the results of such decision. O. If, after hearing, the Planning Commission shall recom- mend denial or disapproval of the requested zoning change or changes, the Town Clerk shall not place an Ordinance embodying the zoning proposal on the agenda of the Board of Trustees' ses- sion, unless a written notice of appeal of the decision of the Planning Commission is filed with the Town Clerk, received by said Clerk at the Town Hall, not later than THIRTY (30) days after the decision of the Planning Commission recommending de- nial or disapproval. If a written notice of appeal is so re- ceived by the Clerk within such time, the Town Clerk shall there- after place an Ordinance embodying the zoning proposal on the agenda of the Board of Trustees and the procedures hereinabove set forth with respect to such Ordinance shall be followed. P. There shall be no refund of any fee which accompanies an application for a zoning change. Q. Any party or person aggrieved by any decision rendered by the Board of Trustees with regard to zoning or rezoning may seek review of such action by filing a petition for certiorari or other writ in accordance with the provisions of the Colorado Rules of Civil Procedure in the District Court not later than THIRTY (30) days from the final action taken by the Board. For the purposes of this Ordinance, the date of final action shall be considered the date upon which a vote upon the matter is taken, notwithstanding any conditions imposed upon the applicant by the Board or the subsequent adoption of findings and conclusions. Section 3. Severability. If any section, subsection, sen- tence, clause, phrase or portion of this Ordinance is for any -7- • • reason held invalid or unconstitutional by any Court of compe- tent jurisdiction, such portion shall be deemed a separate, dis- tinct and independent provision and such holding shall not af- fect the validity of the remaining portions hereof. Section 4. Effective Date. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preser- vation of the public health, safety, convenience and general welfare, and it is enacted for that purpose and shall be in full force and effect FIVE (5) days after the passage and final pub- lication. Approved, adopted, and ordered published by the Board of Trustees of the Town of Firestone, Weld County, Colorado, on the 7 day of April, 1977. I MAYOR: ATTEST: Town Clerk -8- ORDINANCE NO. 7'. t) AN ORDINANCE RELATING TO THE ZONING OF THE TOWN OF FIRESTONE, AMENDING AND CHANGING BOUNDARIES OF DISTRICTS, SPECIFICALLY THE ZONING OF LOTS 38, 39 AND 40, ALL IN BLOCK 22, TOWN OF FIRESTONE. WHEREAS, an application for rezoning of Lots 38, 39 and 40, Block 22, has been submitted to the Town of Firestone seek- ing a zone change from R-1 to R-3; and WHEREAS, the Planning and Zoning Commission has favorably recommended said change after public hearing on the applica- tion; and WHEREAS, the Board of Trustees have held a public hearing on said rezoning application and have found that: there is cur- rently no R-3 zoning in Firestone; there is a need for R-3 zoning to provide existing housing needs; a recent study of Firestone's housing has shown a demand and need for multi- family housing; there has been a change of circumstances in the area showing a need for the R-3 zone applied for. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section 1. That Lots 38, 39 and 40, all in Block 22 of the Town of Firestone are hereby zoned R-3. Approved, adopted, and ordered published by the Board of Trustees of the Town of Firestone at a regular meeting on the 6th day of April, 1977. ' l_ //"~ o_gLA~ Mayor ATTEST: Town Clerk ORDINANCE NO. _!.f_j_ 2 , AN ORDINANCE RELATING TO THE ZONING OF THE TOWN OF FIRESTONE, AMENDING AND CHANGING BOUNDARIES OF DISTRICTS SPECIFICALLY THE ZONING OF LOTS 1,2,3 and 4, Block 23, TOWN OF FIRESTONE. WHEREAS, an application for: rezoning of Lots 1, 2,-::, a,,d4, Block 23, has been sr!bmitted to the Town of Firestone seeking a zone change from R-1 to R-2; and WHEREAS, the Planning and Zoning Commis.sion has favorably recommended said change after public hearing on the application; and WHEREAS, the Board of Trustees have held a public hearing on said rezoning application and have found that: there is currently no R-2 zoning in Firestone; there is a need for R-2 zoning to provide existing housing needs; a recent study of Firestone's housing has shown a demand and need for multi-family housing; there has been a change of circumstances in the area showing a need for the R-2 zone applied for. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE-TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section 1. That Lots 1, 2, 3, and 4, all in Block 23 of the Town of Firestone are hereby zoned R-2. Approved, adopted, and ordered published by the Board of Trustees of the Town of meeting on the /S"day of ATTEST: Firestone at a regular _ __;,.i11;:.,.<1l.,.,i4~4~,,.,0:...L.1_.1911. Mayor ),:71 2~< ,.;47 ✓ o~ . Town Clerk ORDINANCE NO. AN ORDINANCE PERTAINING TO MONTHLY WATER RATES FOR VARIOUS SIZE TAPS IN THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO. BE IT ORDAINED BY THE TRUSTEES OF THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO. Section 1. of Chapter 13 of read as follows: Amendment of Water: S'ervi·ce· Cha·rges. Section 12 the Code of the Town of ·Firestone is amended to 13-12. Water Service Charge. There shall be assessed and charged for the use of water measured through a meter, per month, from any of the water lines, water mains, or water system of the Town of Firestone, rates and rentals, as follows: MONTHLY MINIMUM METER CHARGE FOR FIRST 9,000-15,000 OVER 15,000 SIZE 9,000 GALLONS GALLONS. USED GALLONS USED 5/8" $14.00 .70/1,000 gallon .60/1,000 gallon 3/4" $21. 50 .70/1,000 gallon .60/1,000 gallon l" $38.00 .70/1,000 gallon .60/1,000 gallon 1-1/2" $54.00 .70/1,000 gallon .60/1,000 gallon 2" $70.00 .70/1,000 gallon .60/1,000 gallon 3" $86.50 .70/1,000 gallon .60/1,000 gallon Section 2. Repeal of Inconsistent Ordinances. All Ordi- nances, Resolutions, and Motions of the Board of Trustees of the Town of Firestone or parts thereof, in conflict with the provi- sions of this Ordinance, are to the extent of such conflict here- by superseded and repealed as of August 1, 1977. Section 3. Severability. The Sections of this Ordinance are hereby declared to be severable, and if any Section, provi- sion, or part thereof shall be held unconstitutional or invalid, the remainder of this Ordinance shall continue in full force and effect, it being the legislative intent that this Ordinance would have been adopted even if such unconstitutional or invalid mat- ter had not been included therein. It is further declared that if any provision or part of this Section, or the application thereof to any person or circumstances, is held invalid, the re- mainder of this Ordinance and the application thereof to other persons shall not be affected thereby. Section' 4. Effective Date. The rates set forth in this or~- dinance shall take effect as of August 1, 1977. Approved, adopted, and ordered published bf the Board J..f Trustees of the Town of Firestone on this· ·,;J()i-day of F ~r 1977. ATT~ST: a~ M~own Clerk Published in the Farmer and Miner on a lL (J ti ¢:4-ti · Paul A. Hurtad~ayor ··-'v .. ORDINANCE NO. 93 AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE TOWN OF FIRE- STONE, COLORADO, FOR THE PURPOSE OF PROVIDING A SYSTEM OF TRAF- FIC REGULATIONS CONSISTENT WITH STATE LAW AND GENERALLY CONFORM- ING TO SIMILAR REGULATIONS THROUGHOUT THE STATE AND NATION; ADOPTING BY REFERENCE THE 1974 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES"; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH AND PROVIDING PENALTIES FOR VIOLATION THERE- OF. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section 1. Adoption. Pursuant to Title 31, Article 16, Part 2, C.R.S. 1973, as amended, there is hereby adopted by reference Articles I to XXVI, inclusive, of the 1974 edition of the "Model Traffic Code for Colorado Municipalities", promul- gated and published as such by the State Department of Highways, Denver, Colorado, of which THREE (3) copies are now filed in the office of the Clerk of the Town of Firestone, Colorado, and may be inspected during regular business hours, the same being adopted as if set out at length save and except the following articles and/or sections which are declared to be inapplicable to this municipality and are therefore expressly deleted: None Section 2. Additions or Modifications. The said adopted Code is subject to the following additions or modifications: (a.) Section 4-2 is amended to read as follows: Sec. 4-2. Decrease of speed limits at intersections. It is hereby determined upon the basis of a traffic investigation or survey, or upon the basis of appro- priate design standards and projected traffic volumes in the case of newly constructed highways or segments thereof, that the speed hereinbefore set forth is greater than is reasonable or safe under the condi- tions found to exist or projected, at specified inter- sections or approaches thereto or other place or upon any part of a street or highway described in traffic control schedules of Article XXVI herein or otherwise recorded as provided in section 23-12 of this Code and it is hereby declared that the reasonable and safe speed limit upon every approach to and within those intersections or other place so designated shall be as stated in said schedules or records, which speed so declared shall be effective when signs are erected· giving notice thereof; provided, however, that de- creased speed limits on streets which are a part of the State Highway System shall be subject to the ap- proval of the State Department of Highways as speci- fied in section 23-10 of this Ordinance. (b.) Section 26-1 is amended to read as follows: Sec. 26-1. Through streets. In accordance with the provisions of section 2-1, and when official signs are erected giving notice thereof, drivers of vehicles shall stop or yield as required by said signs at every intersection before entering any of the following /\ streets or parts of streets: NAME OF STREET First Street Grant Avenue McClure Avenue PORTION AFFECTED (TERMINAL LIMITS) North city limit to south city limit East end of 1st Street to east city limit West city limit to east cit limit (c.) Section 26-2 is amended to read as follows: Sec. 26-2. Decreased speed limits. In accordance with the provisions of section 4-2, and when official signs are erected giving notice thereof, the speed limit shall be as specified for the following inter- sections or approaches thereto: NAME OF STREET OR INTERSECTION McClure Avenue 1st Street All other streets in Town PORTION AFFECTED (TERMINAL LIMITS) 100' eas_t of 1st Street 100' north of McClure DECREASED SPEED LIMIT 15 M.P.H. 15 M.P.H. 25 M.P.H. (d.) Section 26-5 is amended to read as follows: Sec. 26-5. One-way streets. In accordance with the provisions of section 8-1, and when official signs are erected giving notice thereof, traffic shall move only in the direction indicated upon the following streets: NAME OF STREET McClure Avenue PORTION AFFECTED {TERMINAL LIMITS) East city limit to Johnson Avenue DIRECTION OF TRAFFIC MOVEMENT West bound {e.) Section 26-8 is amended to read as follows: Sec. 26-8. Parking prohibited at all times on certain streets. In accordance with the provisions of section 12-2, and when official signs are erected giving no- tice thereof, no person shall at any time park ave- hicle upon any of the following described streets or parts of streets: -2- NAME OF STREET McClure Avenue 1st Street PORTION AFFECTED (TERMINAL LIMITS) South side and Johnson to 1st on north side 125' north from McClure (f.) Section 26-13 is amended to read as follows: Sec. 26-13. Weight limitations upon vehicles using certain streets. In accordance with the provisions of section 18-9, and when official signs are erected giving notice thereof, no person shall operate ave- hicle with a weight in excess of the amounts speci- fied herein at any time upon any of the following streets or parts of streets: NAME OF STREET All municipal streets except Grant Avenue PORTION AFFECTED (TERMINAL LIMITS) THOUSAND POUND LIMIT (SPECIFY GROSS OR EMPTY WEIGHT) 10,000 pounds gross Section 3. Penalties. The following penalties, herewith set forth in full, shall apply to this Ordinance: (a.) It is unlawful for any person to violate any of the provisions stated or adopted in this Ordinance. (b.) Every person convicted of a violation of any provi- sion stated or adopted in this Ordinance shall be punished by a fine not exceeding THREE HUNDRED AND NO/100 ($300.00) DOLLARS, or by imprisonment not exceeding NINETY (90) days, or by both such fine and imprisonment. Section 4. Application. This Ordinance shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way or public parking area, either within or out- side the corporate limits of this municipality, the-use of which this municipality has jurisdiction and authority to regulate. The provisions of sections 5-1, 5-2, 15-12 and 23-3 of the adopted Model Traffic Code respectively concerning reckless driving, careless driving, unauthorized devices, and accident investigation shall apply not only to public places and ways but also throughout this municipality. Section 5. Validity. If any part or parts of this Ordi- nance are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordi- nance. The Board of Trustees hereby declares that it would have passed this Ordinance and each part or parts thereof, irrespec- .tive of the fact that any one part or parts be declared invalid. Section 6. Repeal. Existing Ordinances or parts of Ordi- nances covering the same matters as embraced in this Ordinance are hereby repealed and all Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance are hereby -3- ' .... . . repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any Ordinance hereby repealed prior to the taking effect of this Ordinance. Section 7. Interpretation. This Ordinance shall be so interpreted and construed as to effectuate its general purpose to make uniform the local traffic regulations contained herein. Article and section headings of the Ordinance and ·adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof. Section 8. Publication. The Town Clerk shall certify to the passage of this Ordinance, cause notice of its contents and passage to be published or posted, and make not less than THREE (3) copies of the adopted Code available for inspection by the public during regular business hours. Section 9. Effective Date. This Ordinance shall be in full force and effect from and after FIVE (5) days from the date of final passage, approval, and publication. PASSED BY THE BOARD OF TRUSTEES AFTER PUBLIC HEARING AND SIGNED THIS 17TH DAY OF AUGUST, 1977. ~da~~ ayor, Town ~~res tone ( S E A L ) ATTEST: ~-✓~:n Clerk -4- STATE OF COLORADO COUNTY OF WLED TOWN OF FIRESTONE CERTIFICATION OF CODE We, the undersigned, do hereby certify that this Model Traffic Code for Colorado Municipalities is a true and accurate copy of the Code adopted by reference by the Town of Firestone, Colorado under Ordinance 93 pursuant to and as provided by reference articles I t6 XXVI inclusive of the Model Traffic Code, edition 1974 as pursuant to Title 31, ½rticle 16, Part 2, C.R.S. 1973 as amended. Dated this 17th day of August, 1977 By ~u~&e¼la/4.~ .._ ayer Attest: Clerk ORDINANCE NO. AN ORDINANCE PERTAINING TO THE USE AND REGULATION OF TOWN OF FIRESTONE PARKS BY ADDITION OF A NEW CHAPTER ENTITLED PARKS TO THE CODE OF THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE- STONE, COUNTY OF WELD, STATE OF COLORADO: Section 1. The Code of the Town of Firestone is hereby amended by the addition of a new chapter, entitled Chapter 14, Parks, as follows: Chapter 14. Parks. 14-1. Requirements Concerning Use of Town Parks. Each person, firm, or corporation using the public parks and grounds shall clean up all debris, extin- guish all fires when such fires are permitted, and leave the premises in good order, and the facilities in a neat and sanitary condition. 14-2. Prohibited Acts. It shall be unlawful for any person, firm, or corpo- ration using such parks to either perform or permit to be performed any of the following acts: a. Willfully mark, deface, disfigure, injure, tamper with, or displace or remove, any buildings, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts or appurtenances there- of, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances what- soever, either real or personal. b. Throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, or other body of water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters. c. Bring in or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rub- bish, waste, garbage, or refuse or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park, or left anywhere on the grounds thereof, but-shall be placed in the proper trash receptacles where these are provided; where such receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its pres- ence, and properly disposed of elsewhere. d. Disturb the peace, or use any profane, obscene or blasphemous language. e. Endanger the safety of any person by any conduct • , or act. f. Commit any assault, battery, or engage in fighting. g. Carry, possess, or drink any alcoholic beverage in any park. h. Violate any rule for the use of the park, made or approved by the Board of Trustees of the Town of Firestone. i. Prevent any person from using the park, or any of its facilities, or interfere with such use in com- pliance with this Ordinance and the rules applica- ble to such use. j. Swim, bath, or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefor, and in compliance with such regulations as are herein set forth or may be hereafter adopted by the Board of Trustees of the Town of Firestone. 14-3. Hours of Operation. The parks of the Town of Firestone shall be open daily to the public from 7:00 o'clock a.m. to 10:00 o'clock p.m. and it shall be unlawful for any person, or per- sons other than city personnel conducting city business therein to occupy or be present in said park during any hours in which the park is not open to the public. 14-4. Closing of the Parks. Any section, or part of the park or parks may be de- clared closed to the public by the Board of Trustees of the Town of Firestone at any time and for any interval of time either temporarily or at regular or stated in- tervals. 14-5. Group Activity. Whenever any group, association or organization desires to use said park facilities for a particular purpose such as picnics, parties or theatrical or entertainment performances, an authorized representative of said group, association, or organization shall first obtain a per- mit from the Town Clerk of the Town of Firestone for such purposes. The Town Clerk shall grant the applica- tion if it appears that the group, association, or or- ganization will not interfere with the general use of the park by the individual members of the public and if the said group, association or organization meets all other conditions contained in the application. The ap- plication may contain a requirement for an indemnity bond to protect the Town from any liability of any kind or character and to protect Town property from damage. 14-6. Use of Automobiles in Parks. It shall be unlawful to drive or park any automobile except on a street, driveway or parking lot in any park or to park or leave any such vehicle in any place other than a location specifically established for pub- lic parking. -2- ' • •· Section 2. If any part or parts of this Ordinance are for any reason held to be invalid, 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 or parts thereof, irrespective of the fact that any one part or parts are declared invalid. Section 3. Existing ordinances or parts of ordi- nances covering the same matters as embraced in this Ordi- nance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordi- nance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any per- son for any act done or committed in violation of any ordi- nance hereby repealed prior to the taking effect of this Ordinance. Section 4. This Ordinance shall be so interpreted and construed as to effectuate its general purpose to make uniform the local traffic regulations contained herein. Article and section headings of the Ordinance and adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof. Section 5. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordi- nance is necessary for the immediate protection and preserva- tion of the public health, safety, convenience and general welfare, and it is enacted for that purpose and shall be in full force and effect FIVE (5) days after passage. Passed by the Board of Trustees stone after full consideration this , 1977. --------- of the Town of F/{/e,-/,u / _ J-/7 'f-4 day of ~ MAYOR: Gl l O 1; ®,.ti ATTEST: a . >zt i T;wn =Wi?rk ~ -3- ORDINANCE NO. q c; AN ORDINANCE PERTAINING TO AND REGULATING THE WATER CONNECTION CHARGE IN THE TOWN OF FIRESTONE, AMENDING SECTION 11, CHAPTER 13 Of __ THE CODE OF THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE~ STONE, WELD COUNTY, COLORADO; Section l. Section 11, Chapter 13 of the Code of the Town of Firestone is hereby amended to read as follows: 13-11. Water Connection Charges Established. (a) There is hereby imposed a uniform capital invest- ment, water resource and connection charge, payable upon application for a water tap in the Town of Firestone, as follows: Meter Size Fee 5/8" $1,000.00 3/4" $1,300.00 l" $2,000.00 1,-.1/2" $3,500.00 Taps requiring a la.,·ger meter shall be subject to negotiation between the applicant and the Town of Firestone, and such taps must be approved on an individual basis by the Town Board. (b) No water tap or connection shall be made to the Town of Firestone water system unless a permit is first obtained from the Town Clerk for such tap or connection and all applicable charges set forth in this Chapter 13 have been paid. (c) All connections or taps shall be made by a licensed plumber and shall be at the sole expense of the applicant. The applicant shall furnish at its sole expense all -materials and labor necessary for the tap or connection, except that the ·Town shall furnish the necessary water -meter, the price of which 'is included in the fee set forth in 13.,..ll(a), (d) All connections or taps shall be made in conformance with specifications as may be promulgated by the Board of Trustees and shall be made under the supervision of the Building Inspector. (e) After such tap or connection is made and accepted, the Town of Firestone shall be the owner and shall maintain the line from the water main to the meter and the applicant shall own and maintain the line from the meter to the premises. Section 2. All Ordinances, Resolutions, and Motions of the Board of Trustees of the Town of Firestone or parts thereof, in conflict with the provisions of this Ordinance, are to the extent of such _conflict hereby superseded and repealed, • ' Section· 3. The sections of this Ordinance are hereby declared to be severable, and if any section, provision, or part thereof shall be held unconstitutional or invalid, the remainder of this Ordinance shall continue in full force and effect, it being the legislative intent that this Ordinance would have been adopted even if such unconstitutional or invalid matter had not been included therein. It is further declared that if any provision or part of this section, or the application thereof to any person or circumstances, is held invalid, the remainder of this Ordinance and the appli~ cation thereof to other persons shall not be effected thereby. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is neces,• sary for the immediate protection and preservation of the public health, safety, convenience, and general welfare, and it is enacted for that purpose and shall be in full force and effect FIVE (5) days after passage and final publication, Approved, adopted, and ordered published 9y1 the Board of TAustees of_~he Town of Firestone on the nr-t day of _·· ·_·_·...,u""'""~""·.:::·,.,·,__·b,4.14'-1'"'K..__, 1911. r f ATTEST: , ,~·~.~-~ ·O~ MinRitte Paul, Town Clerk @rt l {2 fl 0u ~ Pau Hurtao, Mayor PUBLISHED in• Date Publishe~d~ . .,----.,--~-,--,--.,--,------,--.,--~----~.-,- ORDINANCE NO. 9b AN ORDINANCE OF THE TOWN OF FIRESTONE, COLORADO, ADOPTING BY REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILD- INGS, 1976 EDITION, PROMULGATED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THIS CODE AND THIS ORDINANCE; SETTING FORTH AMENDMENTS TO THE PUBLISHED CODES, IF ANY; PROVIDING FOR THE RE- PEAL OF CERTAIN ORDINANCES; PROVIDING FOR THE MAINTENANCE OF OF- FICIAL COPIES OF SUCH CODE; PROVIDING FOR THE SALE OF COPIES OF SUCH CODE; PROVIDING FOR REVISIONS TO THE ORDINANCES OF THE TOWN OF FIRESTONE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDI- NANCE AND THE CODE ADOPTED BY REFERENCE HEREIN. WHEREAS, the Board of Trustees of the Town of Firestone, Colorado, has determined that it is necessary and expedient that the above referenced Code be adopted for the health, safety and welfare of the citizens and residents of the Town of Firestone, Colorado, and WHEREAS, the Statutes of the State of Colorado provide for the adoption of such Codes by reference, therefore: BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 3 of the Code of the Town of Fire- stone is hereby amended by the addition of PART VII. ABATEMENT OF DANGEROUS BUILDINGS, by the adoption of the following Code: PART VII. ABATEMENT OF DANGEROUS BUILDINGS 3-90. Uniform Code for the Abatement of Dangerous Buildings. The Uniform Code for the Abatement of Danger- ous Buildings, 1976 edition, as promulgated by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601. The purpose of said Code is to protect the residents of the Town of Firestone from unsafe buildings or structures which could endanger the life, limb, health, morals, property, safety or welfare of such residents. The Code sets standards for the repair, demolition, and vacation of such unsafe buildings or structures. 3-91. Violations. Any person, firm or corporation violating this Building Code or any provision of applicable state law, is guilty of a violation of this Ordinance and, upon conviction thereof, shall be punished by a fine of not more than THREE HUNDRED AND NO/100 ($300.00) DOLLARS, or by imprisonment for not more than NINETY (90) days, or by both such fine and imprisonment. Each day during which such illegal erection, con- struction, reconstruction, alteration, maintenance or use continues, shall be deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, remodeled, used or maintained in violation of this Building Code, or of any provisions of applicable state law, the Town Attorney of the Town of Fire- stone, Weld County, Colorado, or any owner of real estate within the area, in addition to other reme- dies provided by law, may institute an appropriate action for injunction, mandamus or abatement to prevent, enjoin, abate or remove such unlawful erec- tion, construction, reconstruction, alteration, re- modeling or use. Section 2. Should any section, clause, sentence, or part of this Ordinance be adjudged by any Court of competent jurisdiction to be unconstitutional and/or invalid, the same shall not affect the validity of the Ordinance as a whole or part thereof, other than the part so declared to be unconstitu- tional or invalid. Section 3. Any part of any Ordinance which is in con- flict herewith is hereby repealed. Section 4. effect from and sage, approval, This Ordinance shall be in full force and after FIVE (5) days from the date of final·pas- and publication. Passed lished this and aoopted, / ()!'t-4day of signed,-W1d approved and ordered pub- Al .'( d'fl./; uJ , 1911. ' ATTEST: -2- ORDINANCE NO. AN ORDINANCE OF THE TOWN OF FIRESTONE, COLORADO, ADOPTING BY REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILD- INGS, 1976 EDITION, PROMULGATED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THIS CODE AND THIS ORDINANCE; SETTING FORTH AMENDMENTS TO THE PUBLISHED CODES, IF ANY; PROVIDING FOR THE RE- PEAL OF CERTAIN ORDINANCES; PROVIDING FOR THE MAINTENANCE OF OF- FICIAL COPIES OF SUCH CODE; PROVIDING FOR THE SALE OF COPIES OF SUCH CODE; PROVIDING FOR REVISIONS TO THE ORDINANCES OF THE TOWN OF FIRESTONE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDI- NANCE AND THE CODE ADOPTED BY REFERENCE HEREIN. WHEREAS, the Board of Trustees of the Town of Firestone, Colorado, has determined that it is necessary and expedient that the above referenced Code be adopted for the health, safety and welfare of the citizens and residents of the Town of Firestone, Colorado, and WHEREAS, the Statutes of the State of Colorado provide for the adoption of such Codes by reference, therefore: BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 3 of the Code of the Town of Fire- stone is hereby amended by the addition of PART VII. ABATEMENT OF DANGEROUS BUILDINGS, by the adoption of the following Code: PART VII. ABATEMENT OF DANGEROUS BUILDINGS 3-90. Uniform Code for the Abatement of Dangerous Buildings. The Uniform Code for the Abatement of Danger- ous Buildings, 1976 edition, as promulgated by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601. The purpose of said Code is to protect the residents of the Town of Firestone from unsafe buildings or structures which could endanger the life, limb, health, morals, property, safety or welfare of such residents. The Code sets standards for the repair, demolition, and vacation of such unsafe buildings or structures. 3-91. Violations. Any person, firm or corporation violating this Building Code or any provision of applicable state law, is guilty of a violation of this Ordinance and, upon conviction thereof, shall be punished by a fine of not more than THREE HUNDRED AND N0/100 ($300.00) DOLLARS, or by imprisonment for not more than NINETY (90) days, or by both such fine and imprisonment. Each day during which such illegal erection, con- struction, reconstruction, alteration, maintenance or use continues, shall be deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, remodeled, used or maintained in violation of this Building Code, or of any provisions of applicable state law, the Town Attorney of the Town of Fire- stone, Weld County, Colorado, or any owner of real estate within the area, in addition to other reme- dies provided by law, may institute an appropriate action for injunction, mandamus or abatement to prevent, enjoin, abate or remove such unlawful erec- tion, construction, reconstruction, alteration, re- modeling or use. Section 2. Should any section, clause, sentence, or part of this Ordinance be adjudged by any Court of competent jurisdiction to be unconstitutional and/or invalid, the same shall not affect the validity of the Ordinance as a whole or part thereof, other than the part so declared to be unconstitu- tional or invalid. Section 3. Any part of any Ordinance which is in con- flict herewith is hereby repealed. Section 4. effect from and sage, approval, This Ordinance shall be in full force and after FIVE (5) days from the date of final pas- and publication. Passed and adopted, lished this· /(/1-1,rday of ' I ATTEST: town signed and approved and orde·red &6 t;f?uu) , 1977. pub- -2- ., ORDINANCE NO. 9 7 AN ORDINANCE RELATIVE TO THE ANNEXATION OF CERTAIN ADJACENT TER- RITORY TO THE TOWN OF FIRESTONE, COLORADO, SPECIFICALLY ANNEXING SAID PROPERTY AS AN ADDITION TO THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: WHEREAS, the following described unincorporated territory in the County of Weld, State of Colorado, is eligible for an- nexation to the Town of Firestone, under the applicable laws of the State of Colorado, to-wit: That portion of Section 19, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colo- rado, more particularly described as follows: Beginning at the Southwest corner of said Section; thence along the South line of the Southwest Quarter of said Section North 89°40'09'' East 179.60 feet to the East right of way line of the Union Pacific Rail- road; thence along said right of way line North 0°52' 30" West 1914.77 feet to the South line of the Weld County Tri-Area Sanitation District property; thence along the property lines of said District the follow- ing courses: South 61°32'30" East 17.78 feet; thence North 0°52'30" West 115.00 feet; thence South 61°32' 30" East 84.33 feet; thence North 0°52'30" West 609. 00 feet; thence South 61°32'30" East 735.67 feet; thence South 29°05'30" West 410.00 feet; thence South 61°32'30'' East 15.00 feet; thence North 29°05'30'' East 410.00 feet to the TRUE POINT OF BEGINNING; thence North 28°27'30" East 818.18 feet; thence North 3°02' 30" West 132.32 feet; thence North 61°32'30'' West 525. 86 feet; thence North 38°52'48" West 469.00 feet; thence North 55°09'47" West 101.35 feet; thence South 49°38'27" West 401.33 feet to the East right of way line of said railroad; thence along said right of way line North 0°52' 30" West 1761.01 feet to the South right of way line of Weld County Road Number 20; thence along said right of way line North 89°59'56" East 2207.45 feet; thence South 89°58'21" East 2636. 40 feet to the East line of said Section; thence along said line South 1°51'36" East 3014.63 feet; thence parallel with the East-West centerline of said Section South 89°50'20" West 4151.97 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains a gross acreage of 309.37 acres more or less. WHEREAS, a written Petition in proper form and signed by the owners of ONE HUNDRED (100%) per cent of the area of said territory to be annexed has been presented to and filed with the Board of Trustees of the Town of Firestone which Petition was accompanied by SIX (6) copies of a map or plat of said terri- tory, and WHEREAS, all of the necessary prerequisites required by the laws of the State of Colorado have been pleaded by the Petition- ers and the Petitioners above-mentioned are now entitled to the approval of the Board of Trustees of the Town of Firestone, for such annexation. NOW, THEREFORE, the Board of Trustees of the Town of Fire- stone, Colorado, ordains as follows: Section 1. That the above described property be annexed to and be included within the corporate limits of the Town of Firestone. Section 2. That said annexed territory be known as the Zadel Second Addition to the Town of Firestone. Section 3. That the Mayor and Town Clerk of the Town of Firestone are authorized and directed to complete all the neces- sary procedures required for annexation of said property to the Town of Firestone, in accordance with the provisions of the laws of the State of Colorado. Approved, adopted, and ordered published by the Board of Trustees of the Town of Firestone, at a regular meeting on the ,'4 day of )7 _ ,,...,=._.£,. ~ ..-, 1977. -, \ ATTEST: );;_)-._s--,-o-f'---<C.,--' ;~ Minn~tte Paul, Town Clerk Published in the Farmer and Miner on -2- -=--Paul A. u I l ::::r = a:, -0 l!'\ r- ,--1 e -0 ~ N 0 0 = ,- ' IA .-. :z: = -:, ;6 . // -o'dock ..llJ.. . .M JUN 1 5 1978 Recorded at Rec. No. 175G841 .. Mory Ann Feuerstein, Recorder .2. -I ORDINANCE NO. <? 7 AN ORDIN,ANCE RELATIVE TO THE ANNEXATION OF CERTAIN ADJACENT TER- RITORY TO•,:r"llE TOWN OF FIRESTONE, COLORADO, SPECIFICALLY ANNEXING SAID PROPERTY AS AN ADDITION TO THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: WHEREAS, the following described unincorporated territory in the County of Weld, State of Colorado, is eligible for an- nexation to the Town of Firestone, under the applicable laws of the State of Colorado, to-wit: That portion of Section 19, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colo- rado, more particu1·arly described as follows: Beginning at the Southwest corner of said Section; thence along the South line of the Southwest Quarter of said Section North 89°40'09'' East 179.60 feet to the East right of way line of the Union Pacific Rail- road; thence along said right of way line North 0°52' 30'' West 1914.77 feet to the South line of the Weld County Tri-Area Sanitation District property; thence , ·along the property lines of said District the follow- ing courses: South 61°32'30" East 17.78 feet; thence North 0°52'30'' West 115.00 feet; thence South 61°32' 30" East 84.33 feet; thence North 0°52'30" West 609. 00 feet; thence South 61°32'30'' East 735.67 feet; thence South 29°05'30'' West 410.00 feet; thence South 61°32'30" East 15.00 feet; thence North 29°05'30" East 410.00 feet to the TRUE POINT OF BEGINNING; thence North 28°27'30'' East 818.18 feet; thence North 3°02' 30'' ~est 132.32 feet; thence North 61°32'30'' West 525. 86 feet; thence North 38°52'48'' West 469.00 feet; thence North 55°09'47'' West 101.35 feet; thence South 49•3~•27•• West 401.33 feet to the East right of way line of said railroad; thence along said right of way line North 0°52'30'' West 1761.01 feet to the South right •Of way line of \veld County Road Number 20; thence along said right of way line North 89°59'56'' East 2207.45 feet; thence South 89°58'21'' East 2636. 40 feet to the East line of said Section; thence along said line South 1°51'36'' East 3014.63 feet; thence parallel with the East-West centerline of said Section ·south 89°50'20" West 4151.97 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains a gross acreage of 309.37 acres more or less. WHEREAS, a written Petition in proper form and signed by the owners of ONE HUNDRED (1001) per cent of the area of said territory to be annexed has been presented to and filed with the Board of Trustees of the Town of Firestone which Petition was accompanied by SIX (6) copies of a map or plat of said terri- tory, and WHEREAS, all of the necessary prerequisites required by the laws of the State of Colorado have been pleaded by the Petition- ers and the Petitioners above-mentioned are no1v entitled to the approval of the Board of Trustees of the Town of Firestone, for such annexation. 1756844 ,J_ -.2 NOW, THEREFORE/ the Board of Trustees stone, Colorado, ordains'as'fQllows:··· of the Town of Fi re-· ' ·-: l . Section 1. to and be included Firestone. .That the' above described property be annexed within the corporate l;imi ts of the Town of Section 2. That•said annexed ter~itory be known as the Zadel Second Addition to· t:he Town of Firestone . . ..... , . Section 3. That the·, Mayor and,-Town Clerk of the Town of Fir~stone are authorized and directed io complete all the neces- sary procedures required fot annexation of said property to the Town of Firestone, in accordance with the provisions of the.laws of the State of Colorado. Approved, adopted, Trustees of the Town of :.:~ day of and ordered published by the Board of Firestone, at a regular m_eeting on the ~.<'..c . ..___.-· , 1977. MAYOR: l\TTEST: '~ ~) .I ·1. . . ,,·,·· .',,: .-.-... ·..:.__ __ _ Minnet~t-e~P-a~~~n Clerk Published in the Farmer and Miner on STATE OF COLORADO COUNTY OF WELD TOWN OF FIRESTONE } } } } } ss. Paul A. Hurtado CERTIFICATION OF ORDINANCE No. the We the undersigned, do hereby certify that this Ordinance 97 is a true and accurate copy of the Ordinance adopted by Town of Firestone, Colorado on November 2, 1977. Dated this ,f)._ day of TOWN OF FIRESTONE (])~ Clerk -2- _J I l-_, ; ."'-/ ., i,,;· • \ ' 1756844 ., I STATE OF COLORADO } ss. COUNTY OF WELD I HEREBY CERTIFY THAT THIS INSTRUMENT WAS 12LED FOR RECORD IN MY 0,FFICE AT ././_ .. :_.,,.O'CLOCK IL.M. J.UrtLi-1978 AND IS DULY RECORDED IN BOOK Nof..J.. ~ PAGL·-···-- BY ORDINANCE NO. AN ORDINANCE RELATING TO THE ZONING OF THE TOWN OF FIRESTONE, AMENDING AND CHANGING BOUNDARIES OF DISTRICTS WITH PARTICULAR REFERENCE TO THE ZADEL SECOND ANNEXATION. BE IT ORDAINED BY THE. BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section 1. That all of said Zadel Second Addition to the Town of Firestone is hereby zoned R-1, to-wit: That portion of Section 19, Township 2 North, Range 67 West of the. 6th-P.M., County of Weld, State of Colo- rado, more particularly described as follows: Beginning at the Southwest corner of said Section; thence along the South line of the Southwest Quarter of said Section North 89°40'09'' East 179.60 feet to the East right of way line of the Union Pacific Rail~ road; thence along said right of way line North 0°52' 30'' West 1914.77 feet to the South line of the Weld County· Tri~Area Sanitation District property; thence along the property lines of said District the follow- ing courses: South 61°32'30'' East 17.78 feet; thence North 0°52'30'' West 115.00 feet; thence South 61°32' 30'' East 84.33 feet; thence North 0°52'30'' West 609. 00 feet; thence South 61°32'30'' East 735.67 feet; thence South 29°05°30'' West 410.00 feet; then~e South 61°32'30'' East 15.00 feet; thence North 29°05'30'' East 410.00 feet to the TRUE POINT OF BEGINNING; thence North 28°27'30'' East 818.18 feet; thence North 3°02' 30'' West 132.32 feet; thence North 61°32'30'' West 525. 86 feet; thence North 38°52'48'' West 469.00 feet; thence North 55°09°47'' West 101.35 feet; thence South 49°38'27'' West 401.33 feet to the East right of way line of said railroad; thence along said right of way line North 0°52'30" West 1761.01 feet to the South right of way line of Weld County Road Number 20; thence along said right of way line North 89°59'56" East 2207.45 feet; thence South 89°58'21'' East 2636. 40 feet to the East line of said Section; thence along said line South 1°51'36'' East 3014.63 feet; thence parallel with the East-West centerline of said Section South 89°50 '20" West 4151.97 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains a gross acreage of 309.37 acres more or less. Approved, adopted, and ordered published by the Board of !.rus~ees of the Town of Firestone at a regular meeting on the d!:J:!A_ day of ~1.,£4 ,,~ , 1977. TOWN ATTEST: )? . -:::zz;__, ~Clerk Mayor Published in the Farmer and Miner on ORDINANCE NO. AN ORDINANCE RELATING TO THE ZONING OF THE TOWN OF FIRESTONE, AMENDING AND CHANGING BOUNDARIES OF DISTRICTS WITH PARTICULAR REFERENCE TO THE ZADEL SECOND ANNEXATION. BE IT ORDAINED BY THE. BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section 1. That all of said Zadel Second Addition to the Town of Firestone is hereby zoned R-1, to-wit: That portion of Section 19, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colo- rado, more particularly described as follows: Beginning at the Southwest corner of said Section; thence along the South line of the Southwest Quarter of said Section North 89°40'09'' East 179.60 feet to the East right of way line of the Union Pacific Rail- road; thence along said right of way line North 0°52' 30" West 1914.77 feet to the South line of the Weld County Tri-Area Sanitation District property; thence along the property lines of said District the follow- ing courses: South 61°32'30" East 17.78 feet; thence North 0°52'30'' West 115.00 feet; thence South 61°32' 30'' East 84.33 feet; thence North 0°52'30'' West 609. 00 feet; thence South 61°32'30'' East 735.67 feet; thence South 29°05'30'' West 410.00 feet; then6e South 61°32'30'' East 15.00 feet; thence North 29°05'30" East 410.00 feet to the TRUE POINT OF BEGINNING; thence North 28°27'30'' East 818.18 feet; thence North 3°02' 30'' West 132.32 feet; thence North 61°32'30'' West 525. 86 feeti thence North 38°52'48" West 469.00 feet; thence North 55°09'47'' West 101.35 feet; thence South 49°38'27" West 401.33 feet to the East right of way line of said railroad; thence along said right of way line North 0°52'30" West 1761.01 feet to the South right of way line of Weld County Road Number 20; thence along said right of way line North 89°59'56'' East 2207.45 feet; thence South 89°58'21'' East 2636. 40 feet to the East line of said Section; thence along said line South 1°51'36'' East 3014.63 feet; thence parallel with the East-West centerline of said Section South 89°50'20" West 4151.97 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains a gross acreage of 309.37 acres more or less. Approved, adopted, and ordered published by the Board.of Truc)ees of the Town of Firestone at a regular meeting on the ~ day of 7J{f..(,)e,J.,,,, --f!J.4,AL'. , 1977. ATTEST: ~ ~ To";n,.?fir'k (do_,_. ..R.-- TOWN ~RESTONE, By: j;:;d l<YD~IZ~ M r Published in the Farmer and Miner on I n AN ORDINANCE ADOPTING THE BUDGET FOR THE TOWN OF FIRESTONE, COLORADQ FOR THE FISCA]e YEAR BEGINNING ON THE 1st DAY OF JANUARY, 1978, AND ENDING ON THE LAST DAY OF DECEMBER, . ·-~-····--··-··• .. +,.~.7.~'.""•E;S_'.['._Ik1P.,..'J':I}l~ .. .':rl;!E N.iOUNT OF 11ON.EY NECESSARY TO BE RAISED BY TAX LEVY BASED OJlj THE SAID BUDGET SO .l\DOPTED: ES'l'IMATING THE /\~1OlJ!)JT OF MO1'JEY '110 BE DE:fUVl,P. FfQM OTJ-IER RE;VE;NUE SOURCES AND SETTING FORTH. THE TOTAL ESTIMATED EXPENDITURES FOR EACH FUND. WHEREAS, THE TOWN TRUSTEES, designated to prepare the ... ~ " .. annual budget for Firestone, Colorado, for the fiscal year ·beginning January 1, 1978, and ending December 31, 1978·, has _p,repared said budget and submitted it to the Board of.Trustees, and .WHEREAS, the Board of Trustees held a public hearing on said.budget on October 26. ·1977 WHEREAS; ·:·the assessed \.l:aluation of taxable property for the year 1977 in tte Town of Firestone, as returned by the County Assessor of veld County, Colorado is the sum of $3,634,700 NOW, THEREFORE, BE IT ORDAINED BY 'i'HE TOl•l1'l OF FIRESTONE, COLORADO: Section 1. That the estimated.revenues for the various funds for the Town of Firestone is: GENERA.L FUND Property taxes Other Revenues TOTAL WATER FUND Property taxes Other Revenues TOTAL PARK FUND Revenues TOTAL HIGHWAY FUND Highway Users Taxes Receivable Other Revenues TOTAL REVENUE SHARING FUND Allotment $ 17,338. $ 58 673 $ 76,011 $ 14 5 33 $109,97_,_ ___ _ $124,513 $ 5,000 -------- $ 5,000 -------- $ 5,000 $ 4,000 $ 26,1,')0 $ 35,100" $ 5,000 2 ORDINANCE s·ection 2: That the estimated expenditures .for each fund of the Town ofFirestone are as follows: GENERAL FUND $ 76 OlJ. WATER FUND $ 124,513 PARK FUND $ 5,0()0 HIGH!-JAY FUND $ 35,100 REVENUE SHARING FUND $ 5,000 Section 3: That.the budget for the Town of Firetone, Colorado, for the fiscal year beginning January 1, 1978, and ending December 31, 1978, as heretofore submitted to the Board of Trustees·by the Town Truste~s, and changed and ammended by said Board of Trustees be, and the same hereby is adopted and approved as the budget for the Town of Firestone for the said fiscal year. Section 4: That the budget herein approved and adopted shall be signed by the Mayor and the Town Clerk, and be made a part of the public records of the Town of Firestone. INTRODUCED, READ, AHD ADOPTED ON THIS DAY OF ,L\r: .((! I I,, ti!.M-1'9 7 7. ✓-------, : -Jr,{ c.c Cu Mayor /\TTES'l': ) 7 ~ ~ ~,-2::c-:-c· '---/4'"--'( __ . \. Town Clerk ( SEkL) ... ---'- I• ' ; I' • ORDINAtJCE __ Q~f __ ' AN ORDINANCE ADOPTING THE BUDGET FOR THE TOWN OF FIRESTONE, COLORADO FOR THE FISCAL YEAR BEGINNING ON THE 1st DAY OF JANUARY, 1978, AND ENDING ON THE. LAST DAY OF DECEMBER, 1978; ESTIMATING THE AMOUNT OF MONEY NECESSARY TO BE RAISED BY TAX LEVY BASED ON THE SAID BUDGET SO ADOPTED: ES'l'IMATING THE AMOUNT OF MONEY TO BE DERIVED FF.OM OTHER REVENUE SOliRCES AND SETTING. FORTH THE TOTAL ESTIMATED EXPENDITURES FOR EACH FUND. WHEREAS, THE TOWN TRUSTEES, designated to prepare the annual budget for Firestone, Colorado, for the fiscal year beginning January 1, 1978, and ending December 31, 1978, has prepared said budget and submitted it to the Board of Trustees, and WHEREAS, the Board of Trustees held a public hearing on said.budget on October 26. 1977 WHEREAS, ·:·the assessed MBluation of taxable property for the year 1977 in the Town of Firestone., a.s returned by the County Assessor of l1eld County, Colorado is the sum of $3,634;100 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN OF FIRESTONE,COLORADO: Section 1. That the estimated revenues for the various funds •for the Town of Firestone is: GENERAL FUND. Property taxes Other Revenues TOTAL WATER FUND. Property taxes Other Revenues TOTAL PARK FUND Revenues TOTAL HIGHWAY FUND Highway Users Taxes Receivable Revenues TO"rAL REVENUE1SHARING FUND Allotment $ 17,338. $ 58 673 $ 76,011 $ J.4 533 $l09,97~--- $124,Sl3 $ 5,000 -------- $ 5,000 --------- $ 5,000 $ 4,000 $ 26,180 ~ 35, 10'.J .;, $ 5,000 (' 2 ORDINANCE Section 2: That the estimated expenditures for each fund of the Town ofFirestone are as follows: GENERAL FUND $ 76 OlJ_ WATER FUND $ 124,513 PARK FUND $ 5,000 HIGHNAY FUND $ 35,100 REVENUE SHARING FUND $ 5,000 Section 3: That the budget for the Town of Firetone, Colorado, for the fiscal year beginning January 1, 1978, and ending December 31, 1978,-as heretofore submitted to the Board of Trustees by the Town Trustees, and changed and ammended by said Board of Trustees be, and the same hereby is adopted and approved as the budget for the Town of Firestone for the said fiscal year. Section 4: That the budget herein. approved and adopted shall"be signed by the Mayor and the Town Clerk, and be made a part of the public records of the Town of Firestone. INTRODUCED, READ, AHO ADOPTED ON 'l'IUS DAY OF )JJ.=--Ce c.,_,/'e_e,,c_;r911. Mayor ATTEST: (SEAL) I ORDINANCE / o D ------ THE ANNUAL.'APPROPRIATION ORDINANCE APPROPRIATING SUMS OF MOc!EY 'I'O DEFRAY EXPENSES AND LIABILITIES OF 'I'HE TOWN OF FIRESTONI:, COLORADO FOR THE TOWN'S FISCAL YEAR BEGINNING Jl\NUARY 1, 1978, . AND ENDING ON THE LAST DAY OF DECE!·'.BER, 1973. WHEREAS, THE BOARD OF TRUSTEES 1tn.s, by ordinance, made the proper tax levy in mills upon each dollar of the total assessed valuation of all taxable property within the Town, such levy representing th~ amount of taxes for the Town's purpose necessary to provide for payment during the Town's said fiscal year of all properly authorized demaads upon the treasury, and WHEREAS, THE BOARD OF TRUS'.c'EES is now desirous of ~aking appro?riations for the ensuing fiscal year. NOW THEREFORE BE IT ORDAINED BY THE BO.ARD OF TRUSTEES OF '!'HC TOWN OF FIRETONE, COLORADO: Section l: That the. following appropriations are hereby made for the Town of Firestone, Colorado, for the fiscal year beginning January 1, 1978, and ending on the last day of Dece~ber, 1978, the sum of$ 76,011 from the General Fund, the sum of $ _ _:1:.:2:_4:.c•c.:S:..~=.' =.3 ______ from the Water Fund, and the·sum of $_~5~•~0=-=-0=-0 _______ from the Park Fund,· for the payment of operating expenses and capital outlay of the general government, public safety, public worl~s, recreation, and public health. Section 2: That appropriated from the the sum Highway and construction of roads. oft, 35,100 is hereby ----'-'-'---'---- Fund for the oper~tion, maintenance, Section 3: That the sum of$ 5,000 is hereby appropriated --=...!..C'-'-'---- from the Revenue Sharing· Fund to be transferred to the General Fund for general pur~oses .. Ir-JTRODUCED, READ, AND ADOVi:FD Ol'l THIS _;] / PAY OF -----"-'~J(~-·~\_J/~(~t~;~;~',~-,~6'.~;wl~'.~~~-~/ __ 1977. ( /:/) 7 ,/ . -!-..../' ' -/ (j ( l /,, C,. (l'tj t. -(.(~ ,,,e;.-·-- Ma yo r Attest: ~ ·Town Clerk (Seal) <• ORDINANCES 101 thru 125 101. Ordinance creating Special Irrproverrent District No. 1 102. Ordinance pertaining to the possession, carrying or using weapons. 103. Ordinance pertaining to and regulating the rroving of buildings into & within 104. Ordinance relative to correction of legal description of property as set forth in Ordinance 68. 105. Ordinance fixing the salaries of the .Mayor and Trustees. 106. Ordinance pertaining to the installation, rerroval, of pipeline, conduit, transmission lines, cables, and other similar facilities. 107. Ordinance designating agency to receive and forward housing discriminating complaints. 108. Ordinance setting the annual salary and payment of the Municipal Judge. ).09. Ordinance adopting by the reference the 1977 M:Jdel Traffic Code. 110. Ordinance requiring a permit for excavation done in connection with the installation of any service or utility. 111. Ordinance amending provisions relative to the Drilling of Oil or Gas wells in the Town 112. Ordinance for the creation of a Qualified Municipal Court of Record. 113; Ordinance authorizing the issuance of Spec. Ass. Bonds 765,000.00 114. Ordinance concerning Disorderly conduct within the Town. 115. Ordinance relative to the rezoning of a portion of Town Block 22, I.Dts 15,16,17,18,19, and 20. 116. Ordinance approving cost of Dist., assessing cost, and prescibed payment. 117. Ordinance of the Town disconnecting certain real property from the limits of the Town. 118. Ordinance of the Town disconnecting certain real property from the limits of the Town. Ordinance adopting the Budget for the Town for 1979. Annual Appropriation ordinance for 1979. Ordinance relating to rezoning lots 27-37 Block 22 119 .• 120. 121. 122. 123. 124. 125. Ordinance concerning Uniforin Building Code and Standards Ordinance adopting by reference Model Energy_ Performance Code Ordinance ·pertaining to curfew for minors and Parental resu .. Ordinance on Failure to appear and failure to pay fine. .:,.•-..--... t " i Ii ' . .. l' t '.· ., I, • • .; I· ., I 0 () I l ORDINANCE NO, ?" / AN ORDINANCE CREATING SPECIAL IMP~OVEMENT DISTRICT NO, 1, IN THE TOWN OF FIRESTONE, COLORADO, ORDERING THE CONSTRUCTION AND IN- STALLATION THEREIN OF STREET PAVING, CURB, GUTTER ANO SIDEWALK IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVEMENTS; PROVIDING FOR NOT:j:CE TO CON- TRACTORS AND OTHER DETAILS IN CONNECTION lffTH THE PISTRICT 1 AND DECLARING AN EMERGENCY, WHEREAS, the Board of Trustees of Firestone, Colorado, pursuant to the Laws of the State of Colorado, hereby finds and determines that there exists a necessity for the creation of ·special Improvement, District No.· 1, ·1n the Town, and the construction and installation therein of certain street paving, curb, gutt~r and sidewalk _improvements; and WHEREAS, Notice of a public hearing concerning the creation of the District and the constp.1ction .,md installation of the improvementij has been given by ·publication in one issue of the. Fprmer and Miner, 1:1 newspaper of ge_nercil c.t.rc1.1l1:1tion iri the. iiown, at least 15 days prior to the d1:1te of: the hear inc;i, anq in adtiition, notice wai. maileq by first-clai.i. 111ail to ec1ch property owner to be assessecl for the cost of i111provements ancl inclucle4 within the proposed clistrict; ancl WHEREAS, at the time anq place s_et forth in the notice, the Boarq of "1r1.1stees met in open session for the purpose of hearing any objections,9r_protests thc1t 111ight be macle against the pror;>oseq district or ·, the improvements to be cons tn.1c ted or instc1llet11 and WHEREAS, all objections and complc1ints having been duly heard and considered, the Boc1rd of, Truiiteei, ~<IS \'.letermined thc1t such objections shOllld be denied; BE IT ORDAINED BY T!!E BOARD OF TIWSTEES 01." 'l'!!E TOWN OF . FlRESTONE, CQJ.OMDQ; . Sect ion 1, Crec1tion of Diatrict, '-Phat <1 apecial -----~------. - improvement 4istrict for the construction c1nd installation of i,treet r;>avh19, c1.1rb, glitter c1nd sidewall( improvements herein- alter qesPiHieq 1 ts hereby created c1nd estal:ilisheq in accordance with the Lawa of the State of Colqrc1do, c1nd shall be known and designated a!3· ·"Spectc1l lmprove111ent Dis tr iot Nq, 1 ~. All proceed- ings heretofore taken and adopted in conneottqn with the District . . . are here~Y ratified, approved and ~onfirmed, > I .• < • • Sectiol'l 2. Approval _of Engineering Plc1ns. '-Ph<1t the enc;iineer 1 s reports, to9ethe.r with <111 of the details, specifica- tions,. e~timates, maps c1nd ~cned~les thereto attached or appended, qre hereby c1pproved and adopted. I t i l . ' j • I . I ' • ) . n Section 3, Boundary of District, The boundary of the District shall include those lots contained within the following descr Uied area: All of the Northwest one-quarter of Section Thirty, Township Two North, Range Sixty-seven West, of the Sii<th Principal Meridian, Weld County, Colorado, less the Union Pacific Railway Right-of-Way, Also described as that land lying South of the North line, West of the North-South center- line, North of the East-West centerline, and East of the Union Pacific Railway Right-of-Way line, all in the Northwest One-quarter of Section Thirty, Township Two North, Range Sixty-seven West of the Sixth Pr incipai Mer id- ian, Weld County, Colorado. / Section 4, · Description of Improvements. The kind o! improvements and the streets to be improved are as follows; (a) Street Improvements, Necessary excavation or illli;>or tat ion of materiai to bring the area between side- walks to the correct grade for placing street base and paving. The street base is expected to consist of 1-1/2" minus road gravel, four inches in dei;>th, shaped and compacted in place, This stn1ctural base shali be followed by an appl,ication .of sprayed tack coat and by a ~earing surface of asphalt 2" in depth, . Curb Quttei and Sidewalk, combined concrete curb, gutter and sidewalk improvemen,ts, . conforming to tile standards of the Town, ·• · 'l'he ·improvements shall be constructed a!lcl il'lstalleq on the following streets; f'irst Street --from the c~nterline _.:of Qrant Avenue to the centerline of McClure Avenue, Second Street --from the centerline of Grant Avenue to the centerline of McClure Avenue, .Third Street --t:rom the centerline of Grant /\venue to the centerline of McClure ~venue. West 1/2 of fourth Street --from the centerline of Grant Avenue to the centerline of McClure Avenue, South l/2 of Grant /\venue --from the East Right-of-Way of the Union Pacific Railway to the cent13rline of Fourth Street. 1 l t • ~ • (.) Wooster.' Avenue --from Fiist Street to Fourth Stieet, Jackson Avenue --fiom First Street to Fourth Stieet, Monmouth Avenue --from First Street to Fouith Street, Buchanan Avenue --from First Street to Fourtn Street, GranvilJe Avenue --from First Street to Fourth Street. Berwick Avenue --from First Street to·~ourtn Street, Florence Avenue-~ from First Street to Fourth Street, ' · McClure Avenue --from First Street to Fourth Street, Section 5, Improvements Authoi izecl, 'l'he construction and 'installation of -the 'improvements in ancl for the District, as shown by the plans, specif !cations and maps thereof, prep.ired by ' the Engineer and approved by the Board of Trustees of the ?own and now on file in the office of· the Town Clerk, be .inti the s.ime is heieby authorizecl ancl ordered, the materic1ls to be used in the construction of saicl improvements to be in accorcl.ince with such maps, plans ancl specifications, I Section 6, Cost of lmprovements, The . prqbable total cost of,the street paving, curb, gutter anq sidewalk improvements is approximately $723,9751 The probable cost for such improvements shall not exceed the unit cost per front foot or per lot .is more particularly set forth in the Resolution of; lntenti-on to create the District, passecl and adopteq on J.inuary 25, 1978, It is anticipatea that the Town·will not pay any part of the cost of the . ' improvements. except to the extent an assessment is m.ide ag.iinst property owneq by the Town, The methocl of assessment of cost . . shall be in accordance with the Resoluti.on passea by the 13oard of . ,. Trustees on January 25, 1978, •· Sect ion 7, Payment of Assessments. T)le assessments will be due ana payable without demana within thirty (30) days from ancl after the publication of the Ordinance assessing the whole cost of saicl improvements .igainst ~he real property in the District, In t)'le ·event any owner of real estate shall fail to pay the whole of ·such assessment against his or Iler property within I saicl thirtr (3P) daysr then the whole cost of the improvements so .issessed ag.iinst such property shall be payable in ten (10) equal .innual installments of principal, The first of such installments of principal shall be clue ancl payable successively on the same ci&Y in each year thereafter, until all are paicl in full. The rate of interest to be ~aicl on unpaicl ancl deferreq installments will be est~blis)leq by orclinance to be adopted by the Boarq-of Trustees at a later qqte, '" • • I () Section 8, Special Improvement Bonds, l!Y virtue of and pursuant to the iaws of the State of Colorado, local improve- ment bonds of the Town shall be issued for the purpose of paying ' . for the local improvements described in this Ordinance, in an amount not to exceed the cost and expenses of said improvements, including engineering, legal and incidental expenses, as provided by law. 'fhe ·bonds shall be issued based upon estimates approved by the Board of Trustees, and as authorized by an Ordinance to be passed by the Board at a later date. The maximum net effective interest rate of the local improvement bonds for Special Improve- ment District No, 1, shall not exceed nine per centum (9%) per annum, The bonds and fhe interest thereon shall. be payable out of special assessments to be levied against the real property included within the District and specially benefited by the improvements to be constructed and installed, 1 Section 9, ~!!.struction Bids, 'fhe Mayor and 'fown 'freasurer are hereby authorized to advertise for bids to construct such improvements in the time and manner re~uired by the taws of the State of Colorado, which advertisements may run concurrently with the publica~ion of this Ordinance, 'fhe publication of any such notice prior to the passage or effective date of this Ordin- ance, is hereby ratified and approved. Section 10, General Elenefits 'fhe 13oard of Trustees• hereby finds and determines that the improvements proposed to be constructed <1nd instal.le'd 1{ill confer a a.J;>ecial benefit upon the i:>roi:>erty within the District <1nd ii general benefit upon the Town as a whole, Section 11, Repealer. All ordinances or resolutions, • or parts thereof in conflict herewith are hereby repealed. Section 12, Recordins_. This Ordinance, after its J:>assage, shal.l be recorded in a book kept for that purpose, shall be authenticated by the signatures of the Mayor arid Town Clerk and be publisl)ed in the o!:ficia:,. newspaper of the Town, in .iccordance. with law, Section 13, Decla~E_ion ot Emergen£Y, Since it is necessary for the construction of the proposed improvements to• commence as .soon a·i. J;lOSsible, and t'o award the construction contract to .the best bidder, it is hereby declared that an emer- gency eici!:1ts, -th.at th.is Ordinance ii. necessar.y to the immediate. ) •. ' . () n ~reservation of the public peace, health and safety, and that it shall be in full force and effect. upon adoption and compliance with pection JJ-16-104, Colorado Revised Statutes 1973; as a- mende4, · • · ADOPTJ;lD AND APPROVED, This /~ day of L21_"':<-cdk , 1978,, • "" ,,., .. ~ ,,. ( S E A J.'.·)· . -.~--..,,. "",, ATTES'f1 ~fo~1f[cw • • -17 - Mayor ' ,, ----- ORDINANCE NO. / (1 fl_, AN ORDINANCE PERTAINING TO THE POSSESSION, CARRYING OR USING OF DANGEROUS OR DEADLY WEAPONS IN THE,TOWN OF FIRESTONE, AMEND- ING SECTION 25, CHAPTER 9 OF THE CODE OF THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section 1. Section 25, Chapter 9 of the Code of the Town of Firestone is hereby amended to read as follows: 9-25. Possessing, Carrying or Using Dangerous or Deadly Weapons. {al It shall be unlawful for any person, within the cor- porate limits of the Town of Firestone, to wear under his clothing or to conceal on or about his person, or to display in a threaten- ing manner, any dangerous or deadly weapon, including, but not by way of limitation, any rifle, pistol revolver, slingshot, cross knuckles, or knuckles of lead, brass or other metal, BB gun, air gun, gas operated gun, spring gun, bowie knife, dirk, dagger, or any blade or knife resembling a bowie knife. {bl It shall be unlawful for any person, within the cor- porate limits of the Town of Firestone, to have in his posses- sion, or to carry or use, a revolver or pistol of any description, shotgun, or rifle, which may be used for explosion of cartridges, or any air gun, BB gun, gas operated gun or spring gun, or any instrument, toy or weapon commonly known as a peashooter, sling- shot, or beany, or any bowl made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth above or by any other name. was: {cl It shall be an affirmative defense that the defendant (1.) A person in his own dwelling or place of business or on property owned or under his control at the time of the act of carrying or possessing; or (2.) A person in a private automobile or other private means of conveyance who carries a weapon for lawful pro- tection of his or anothers personal property while traveling; or (3.) A person who, prior to the time of carrying or pos- sessing such a weapon, has been issued a written permit to carry the weapon by the Mayor of the Town of Firestone or by such other person authorized to issue such permit; or (4.) A person who was a law enforcement officer, on duty; or (5.) A person carrying or transporting such a weapon to or from a shooting gallery, private grounds, or such other place where it is legal to discharge said weapon. Section 2. All ordinances, resolutions, and motions of the Board of Trustees of the Town of Firestone, or parts thereof, in conflict with provisions of this Ordinance are to the extent of such conflict hereby superseded and repealed. ...... - Section 3. The sections of this Ordinance are hereby declared to be severable, and if any section, provision or part thereof shall be held unconstitutional or invalid, the remainder of this Ordinance shall continue in full force and effect, it being the legislative intent that this Ordinance would have been adopted even if such unconstitutional or invalid matter had not been included therein. It is further declared that if any pro- vision or part of this section, or the application the.reef to . any person or circumstance is held invalid, the remainder of this Ordinance and the application thereof to other persons shall not be effected thereby. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection, preservation of the public health, safety, convenience and general welfare, and it is enacted for that purpose and shall be in full force and effect five (5) days after the passage and final publication. Approved, adopted and ordered published by the Board of Trustees of the Town of Firestone on the ~day of)-n~ ---------' 1978. ATTEST: Min~tte Paul, Town Clerk t ~~t.d a ~ Paul Hurtado, Mayor -2 - ' I ;r:. l • I • ORDINANCE NO. !f.t AN ORDINANCE PERTAINING TO THE POSSESSION, CARRYING OR USING OF DANGEROUS OR DEADLY WEAPONS IN THE TOWN OF FIRESTONE, !AMEND- ING SECTION 25, CHAPTER 9 OF THE CODE OF THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section 1. Section 25, Chapter 9 of the Code of the Town of Firestone is hereby amended to read as follows: 9-25. Possessing, Carrying or Using Dangerous or Deadly Weapons. (a) It shall be unlawful for any person, within the cor- porate limits of the Town of Firestone, to wear under his clothing or to conceal on or about his person, or to display in a threaten- ing manner, any dangerous or deadly weapon, including, but not by way of limitation, any rifle, pistol revolver, slingshot, cross knuckles·, or knuckles of lead, brass or other metal, B B gun, air gun, gas operated gun, spring gun, bowie knife, dirk, dagger, or any blade or knife resembling a bowie knife. (b) It shall be unlawful for any person, within the cor- porate limits of the Town of Firestone, to have in his posses- sion, or to carry or use, a revolver or pistol of any description, shotgun, or. rifle, which may be us.ed for explosion of cartridges, or any air gun, BB gun, gas operated gun or spring gun, or any instrument, toy or weapon commonly known as a peashooter, sling- shot, or beany, or any bowl made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth above or by any other name. was: • (c) It s?all be an affirmative defense that the defendant· (1.) A person in his own dwelling or place of business or on property owned or under his control at the time of the act of carrying or possessing; or (2.) A person in a private a~tom&bile or other private means of conveyance who carries a weapon for lawful pro- tection of his or anothers personal property while traveling; or (3.) A person who, prior to the time of carrying or pos- sessing such a weapon, has been issued a written permit to carry the weapon by the Mayor of the Town of Firestone or by such other person authorized to issue such permit; or (4.) A person who was a law enforcement officer, on duty; or ,. (5,) A person carrying or transporting such a weapon to or .., from a shooting gallery, private grounds, or such other place where it is 'legal to.discharge said weapon. Section 2. All ordinances, resolutions, and motions of the Board of Trustees of the Town of Firestone, or parts thereof, in cpnflict with provisions of this Ordinance are to the extent of such conflict hereby superseded and repealed. t ., ' i. ,. ,' J ' ' \ , . ,_..., Section 3, The sections of this Ordinance are hereby declared to be severable, and if any section, provision or part thereof shall be held unconstitutional or invalid, the remainder of this Ordinance shall continue in full force and effect, it being the legislative intent that this Ordinance would have been adopted even if such unconstitutional or invalid matter had not been included therein, It is further declared that if any pro- vision or part of this section, or the application thereof to any person or circumstance is held invalid•, the remainder of this Ordinance and the application thereof to other persons shall not be effected thereby, In the opinion of the Board of Trustees of the Town of Fir~stone, Weld County, Colorado, this Ordinance is necessary for the immediate protection, preservation of the public health, safety, convenience and general welfare, and it is enacted for that purpose and shall be in full force and effect five (5) days after the passage and final publication, Approved, adopted'and ordered published by the Board of Trustees of the Town of Firestone on the ~day of)n~ , 1978, --------- ATTEST, , . Min€_£te Pat.I, Town Clerk ( _:~ t-l .. e a ·du,,,i:Z-:71 Paul Hurtado, Mayor ... -.... -~ .. ;. -2 - f I j ., J i I ... ORDINANCE NO. AN ORDINANCE PERTAINING TO AND REGULATING THE MOVING OF BUILDINGS OR STRUCTURES INTO OR WITHIN THE TOWN OF FIRESTONE, AMENDING CHAPTER 3, PART I OF THE CODE OF THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section 1. Part I of Chapter 3 of the Code of the Town of Firestone is hereby amended by the addition of a new Section numbered 3-2.1 which shall read: 3-2.1 Moving of Buildings or Structures into or within the Town. a) No person, firm, partnership, corporation, association, or other legal entity.shall move any building or other structure on, through, or over any street, alley, side- walk, or other public place or right-of- way, into or within the corporate limits of the Town of Firestone without having first obtained a permit therefor from the Board of Trustees of the Town of Fire- stone. b) Applications for such permits shall be made in writing to the Town Clerk and shall state thereon: 1. The proposed route of such movement. 2. The specific time within which the movement is to be accomplished. 3. The current location where the build- ing or structure.is situated. 4. The destination of the building or structure. 5. The method by which the building or structure is proposed to be moved. c) Applications shall be accompanied by: 1. A nonrefundable application fee of Fifty ($50.00) dollars. 2. A cash or corporate surety to be ap- proved by the Board of Trustees, conditioned on the applicants com- pliance with all provisions of this Section and agreeing to pay and hold- ing the Town harmless from any claim which may be made against it by reason of the movement of the building or structure. 3 ... Proof that permits have been obtained from all State or County agencies where applicable. 4. The aforedescribed cash or corporate surety shall also provide for in- demnification to the Town of Firestone for any damages accruing to Town prop- erty, including but not limited to streets, sidewalks, signs, and other public structures or improvements of any kind. • d) Coincidental with the application for a moving permit, the applicant shall apply for a building permit. No moving permit shall be valid until the appropriate building permit is issued by the Town and until, where applicable, the Building Inspector has inspected the building or structure to be moved and has approved the building permit. Section 2. All ordinances, resolutions, and motions of the Board of Trustees of the Town of Firestone, or parts thereof, in conflict with the provisions of this Ordinance, are to the extent of such conflict hereby superseded and repealed. Section 3. The sections of this Ordinance, are hereby de- clared to be severable, and if any section,provision,.or part thereof shall be held unconstitutional or invalid, the remainder of this Ordinance shall continue in full force and effect, it being the legislative intent that this Ordinance would have been adopted even if such unconstitutional or in- valid matter had not been included therein. It is further declared that if any provision or part of this section, or the application thereof to any person or circumstances, is held invalid, the remainder of this Ordinance and the appli- cation thereof to other persons or situations shall not be affected thereby. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preservation of the public health, safety, convenience, and general welfare and it is enacted for the purpose and shall be in full force and effect FIVE (5) days after passage and final publication. Approved, adopted, and ordered published by the Board of Trustees of the Town of Firestone on the ;#-day of/? 7~ , 1978. PAUL HURTADO -Mayor ATTEST: -2 - -.. ORDINANCE NO. / 0 ~ AN ORDINANCE RELATIVE TO THE CORRECTION OF A LEGAL DESCRIPTION OF AN ANNEXATION OF CERTAIN ADJACENT TERRITORY TO THE TOWN OF FIRESTONE, COLORADO, SPECIFICALLY ANNEXING SAID PROPERTY AS AN ADDITION TO THE TOWN OF FIP~STONE, AS SET FORTH IN ORDINANCE NO. 68. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: WHEREAS, Ordinance No. 68 of the Town of Firestone, dated January 7, 1976 annexed certain unincorporated territory in the County of Weld, State of Colorado, to the Town of Firestone, under the applicable laws of the State of Colorado; and WHEREAS, the legal description contained therein was in error because of the inclusion of certain property described as follows: Beginning at the Northwest corner of said Northeast Quarter; thence along the North line of said Northeast Quarter East 330.00; thence parallel with the North- South centerline of said Section 30 South 0°38°37" East 660.00 feet; to the TRUE POINT OF BEGINNING; then South 0°38'37'' East 30.00 feet; thence parallel to the North line of said Northeast Quarter West 330.00 feet to the North -South centerline of said Section; thence along said centerline North 0°38°37" West, 30.00 feet; thence parallel to the North line of said Northeast Quarter East 330.00 to the TRUE POINT OF BEGINNING. NOW, THEREFORE the corrected description of the annexed territory to the Town of Firestone, Weld County, Colorado reads as follows: That portion of land lying in the West Half of the Northeast Quarter of Section 30, Township 2 North, Range 67 West of the 6th Principal Meridian, Coun- ty of Weld, State of Colorado, more particularly described as follows: Beginning at the Northwest corner of said North- east Quarter; thence along the North line of said Northeast Quarter East 330.00 feet to the TRUE POINT OF BEGINNING; thence parallel with the North-South centerline of said Section 30 South 0°38'37'' East 690.00 feet; thence parallel with the North line of said Northeast Quarter West 330.00 feet to the North-South centerline of said Section; thence along said centerline South 0°38'37" East 1964.56 feet to the center of said Section 30; thence along the East-West centerline of said Sec- tion North 89°41'53" East 987.37 feet to the South- east corner of the West Half of the Southeast Quar- ter of the Southwest Quarter of said Northeast Quarter; thence along the East line of said West Half North 0°34'57" West 662.33 feet to the North line of said West Half; thence along said North line South 89°46'25" West 329.36 feet to the North- South centerline of the Southwest Quarter of said Northeast Quarter; thence along said centerline North 0°36'10'' West 662.76 feet to the Southeast corner of the Southwest Quarter of the Northwest Quarter of said Northeast Quarter; thence along the North-South centerline of said Northwest Quar- ter North 0°36'10" West 1325.53 feet to the North- east corner of the East Half of the Northwest Quar- ter of the Northwest Quarter of said Northeast • .. .. ..... Quarter; thence along the North line of the North- east Quarter of said Section West 330.08 feet to the Northwest corner of said East Half; thence continuing along the North line of said Northeast Quarter West 0.08 feet more or less to the TRUE POINT OF BEGINNING. and more particularly described on maps accompanying the PETITION hereinafter mentioned; and WHEREAS, a written PETITION in proper form and signed by the owners of ONE HUNDRED (100%) per cent of the area of said territory to be annexed has been presented to and filed with the Board of Trustees of the Town of Firestone which PETITION was accompanied by FOUR (4) copies of a map or plat of said territory, and WHEREAS, all of the necessary prerequisites required by the laws of the State of Colorado have been pleaded by the Petitioners and the Petitioners above-mentioned are now entitled to the approval of the Board of Trustees of the Town of Firestone, for such annexation. NOW, THEREFORE, the Board of Trustees of the Town of Firestone, Colorado, ordains as follows: Section 1. That the above described property be an- nexed to and be included within the corporate limits of the Town of Firestone and Ordinance No. 68 is hereby corrected. Section 2. That said annexed territory be known as the Globe Addition to the Town of Firestone. Section 3. That the Mayor and Town Clerk of the Town of Firestone are authorized and directed to complete all the necessary procedures required for annexation of said prop- erty to the Town of Firestone, in accordance with the pro- visions of the laws of the state of Colorado. Approved, adopted, and ordered published by the Board of Trustees of the Town of :~tone, at a regular meeting on the / 3 -f-t-1 day of 777teA~./ , 1978. ATTEST: 22~ ToWnCier0 ~ Published in the Farmer and Miner on ________________ _ MAYOR: ORDINANCE NO, / t) ~ AN ORDINANCE RELATIVE TO THE CORRECTION OF A LEGAL DESCRIPTION OF AN ANNEXATION OF CERTAIN ADJACENT TERRITORY TO THE TOWN OF FIRESTONE, COLORADO, SPECIFICALLY ANNEXING SAID PROPERTY AS AN ADDITION TO THE TOWN OF FIRESTONE, AS SET FORTH IN ORDINANCE NO, 68. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF Tl!E TOWN OF FIRESTONE, ~LO COUNTY, COLORADO: WHEREAS, Ordinance No, 68 of the Town of Firestone, dated January 7, 1976 annexed certain unincorporated territory in the County of Weld, State of Colorado, to the Town of Firestone,· under the applicable laws of the State of Colorado; and WHEREAS, the legal description contained therein was in error because of the inclusion of certain property described as follows: · ~eginning at the Northwest corner of said Northeast Quarter; thence along the North line of said Northeast. Quarter East 330.00; thence parallel with the North- South centerline of said Section 30 South 0°38 1 37" East 660.00 feet; to the TRUE POINT OF BEGINNING; then South 0°38 1 37" East 30.00 feet; thence parallel to the North line of said Northeast Quarter West 330,00 feet to the North -South centerline of said Section; thence along · said c·enterline North 0°38'37" West, 30,00 feet; thence parallel to the North line of said Northeast Quarter East 330.00 to the TRUE POINT OF BEGINNING. -NOW, THEREFORE the corrected description of the annexed territory to the Town of Firestone, Weld County, Colorado reads as follows: That portion of land lying in the West Half of the Northeast Quarter of Section 30 1 Township 2 North, Range 67 West of the 6th Principal Meridian, Coun- ty of Weld, State of Colorado, more particularly described as follows: Beginning at the Northwest corner of said North- east Quarter;. thence along, the'" North line of said Northeast Quarter East 330,00 feet to the TRUE POINT OF ~EGINNING; thence parallel with ~he North-South centerline of said Section 30 South 0°38 1 37" East 690.00 feet; thence parallel with the North line of said Northeast Quarter·we~t 330.00 feet to the North-South centerlin$ of said Section; thence along said centerline South 0°38 1 37" East 1964. 56 feet to tlw center of said Section 30; thence along the East-West centerline of said Sec- tion North 89°41'53" East 987.37 feet to tne south- east corner of the west Half of the Squtneast Quar- ter of the Southwest Quarter of said Northeast Quarter; thence along the East line of said West ·Half North 0°34 1 57~ west 662.33 feet to the North · line of said West Half; thence along said North line south 89°46 1 25" West 329.3~ feet to the No~th- South centerline of the Southwest Quarter of said Northeast Quarter; thence along said centerline North 0°36 1 10" West 662.76 feet to the Southeast corner of the southwest Quarter of the Northwest Quarter of said Northeast Quarter; thence along the North-South centerline of said Northwest Quar-I ter North 0°36 1 10" West 1325.53 feet to the North- east corner of .the .East Half of the Northwest Quar- ter of the Northwest Quarter of said Northeast i I 1 • ' I . ' ". ' • ' , I .. • Quarter.; thence along the North l.:i.ne of the North- east Quarter of said Section West 330.08 feet to the Northwest corner of said East Hal.f; thence continuing along the North line of said Northeast Quarter West 0.08 feet more or less to the TRUE POINT OF BEGINNING •. , and more particularly described on maps.accompanying the PETITION hereinafter mentioned; and .. r WHEREAS, a written PETITION in proper fo+m and s:j.gned by the owners of ONE HUNDRED (100%) per cent of the area of said territory to be annexed has been presented to and filed with the Board of Trustees of the Town of Firestone which PETITION was accompanied by FOUR (4) copies of a map or plat of said territory, and WHEREAS, all of the necessary prerequisites required by the laws of the State of Colorado .have been pleaded by the Petitioners and the Petitioners above-mentioned are now entitled to the approval of the Board of Trustees of the Town of Firestone,, for such annexation, NOW, THEREFORE; the Board of Trustees of the Town of Firestone, Colorado, ordains as follows: Section 1, That the above described property be an- nexed to and be included within the corporate 1:j.mits of the Town of Firestone and Ordinance No. 68 is hereby corrected • · Section 2, . That said annexed territory pe known as the Globe Addition to the Town of Firestone, section 3, . That the Mayor and Town Cl.er~ of the Town of Firestone are authorized and directed to complete all the necessary procedures required for annexation of·said prop- erty to the Town of Firestone, in accordance with the pro- visions of the laws of the state of Colorado. Approved, adopted, and ordered published bi the Board of Trustees oz the·Town of Firejltone, at a regular meeting on the · / 3 iv, day of 7no4,-c/{u , l. 9 7 8. MAYOR; ATTEST: 72',, ' ~~ ;--;J ~ . 7'.§wn Clerk Go' Published in the Farmer and Miner on _______________ _ ... , l , l . I II, II f I I I 'I ' i I " 1. • ORDINANCE NO. / 0 .If AN ORDINANCE RELATIVE TO THE CORRECTION OF A LEGAL DESCRIPTION OF AN ANNEXATION OF CERTAIN ADJACENT TERRITORY TO THE TOWN OF FIRESTONE, COLORADO, SPECIFICALLY ANNEXING SAID PROPERTY AS AN ADDITION TO THE TOWN OF FIRESTONE, AS SET FORTH IN ORDINANCE NO. 68. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: WHEREAS, Ordinance No. 68 of the Town of Firestone, dated January 7, 1976 annexed certain unincorporated territory in the County of Weld, State of Colorado, to the Town of Firestone, under the applicable laws of the State of Colorado; and WHEREAS, the legal description contained therein was in error because of the inclusion of certain property described as follows: Beginning at the Northwest corner of said Northeast Quarter; thence along the North line of said Northeast Quarter East 330.00; thence parallel with the North- South centerline of said Section 30 South 0°38'37" East 660.00 feet; to the TRUE POINT OF BEGINNING; then South 0°38'37" East 30.00 feet; theqce parallel to the North line of said Northeast Quarter West 330.00 feet to the North -South centerline of said Section; thence along said centerline North 0°38'37" West, 30.00 feet; thence parallel to the North line of said Northeast Quarter East 330.00 to the TRUE POINT OF BEGINNING. NOW, THEREFORE the corrected description of the annexed territory to the Town of Firestone, Weld County, Colorado reads as follows: That portion of land lying in the West Half of the Northeast Quarter of Section 30, Township 2 North, Range 67 West of the 6th Principal Meridian, Coun- ty of Weld, State of Colorado, more particularly described as follows: Beginning at the Northwest corner of said North- east Quarter; thence along the North line of said Northeast Quarter East 330.00 feet to the TRUE POINT OF BEGINNING; thence parallel with the North-South centerline of said Section 30 South 0°38'37'' East 690.00 feet; thence parallel with the North line of said Northeast Quarter West 330.00 feet to the North-South centerline of said Section; thence along said centerline South 0°38'37" East 1964.56 feet to the center of said Section 30; thence along the East-West centerline of said Sec- tion North 89°41'53'' East 987.37 feet to the South- east corner of the West Half of the Southeast Quar- ter of the Southwest Quarter of said Northeast Qua1:ter; thence along the East line of said \•lest Half North 0°34'57'' West 662.33 feet to the North line of said West Half; thence along said North line South 89°46'25" West 329.36 feet to the North- South centerline of the Southwest Quarter of said Northeast Quarter; thence along said centerline North 0°36'10'' west 662.76 feet to the Southeast corner of the Southwest Quarter of the Northwest Quarter of said Northeast Quarter; thence along the North-South centerline of said Northwest Quar- ter North 0°36'10" West 1325.53 feet to the North- east corner of the East Half of the Northwest Quar- ter of the Northwest Quarter of said Northeast .. t l I' 1! 11: ii~ t , f. t • , • I ' f ♦ • .; I • .' I. ! .• _i_Jc , Quarter; thence along the North line of the North- east Quarter of said Section West 330.08 feet to the Northwest corner of said East Half; thence continuing along the North line of said ~ortheast Quarter West 0.08 feet more or less to the TRUE POINT OF BEGINNING. and more particularly described on maps accompanying the PETITION hereinafter mentioned; and WHEREAS, a written PETITION in proper form and signed by the owners of ONE HUNDRED (100%) per cent of the area of said territory to be annexed has been presented to and filed with the Board of Trustees of the Town of Firestone which PETITION was accompanied by FOUR (4) copies of a map or plat of said territory, and WHEREAS, all of the necessary prerequisites required by the laws of the State of Colorado have been pleaded by the Petitioners and the Petitioners above-mentioned are now entitled to the approval of the Board of Trustees of the Town of Firestone, for such annexation. NOW, THEREFORE, the Board of Trustees of the Town of Firestone, Colorado, ordains as follows: Section 1. That the above described property be an- nexed to and be included within the corporate limits of the Town of Firestone and_Ordinance No. 68 is hereby corrected. Section 2. That said annexed territory_be known as the Globe Addition to the Town of Firestone. · Section 3. That the Mayor and Town Clerk of the Town of Firestone are authorized and directed to complete all the necessary procedures required for annexation of said prop- erty to the Town of Firestone, in accordance with the pro- visions of the laws of the state of Colorado. Approved, ad.opted, and ordered published by the Board of Trustees of the Town of Fireptone, at a regular meeting on the 13 ft-1 day of 77·?(1,,1,,t,l;_,, , 1978. ATTEST: \'rown Clerk '--- Published in the Farmer and Miner on_· ________________ _ 'I ._.. .. ·•··· MAYOR: ORDINANCE NO. / " ..S- AN ORDINANCE FIXING THE SALARIES OF THE MAYOR AND THE TRUSTEES OF THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE- STONE, WELD COUNTY, COLORADO: Section 1. The Mayor shall be entitled to and receive as compensation for his or her services, a salary of Tlventy Five and no/100($25.00) Dollars per month, payable monthly, provided, however, the Mayor may be reimbursed for itemized and authorized expenses incurred in performance of Town business. Section 2. Each Trustee shall be entitled to and re- ceive as compensation for his or her services, a salary of Fifteen and no/100 ($15.00) Dollars per month, payable monthly, provided, however, each Trustee may be reimbursed for itemized and authorized expenses incurred in performance of Town business. Section 3. Each and every Ordinance or parts of Ordi- nances in conflict herewith is hereby repealed. Section 4. This Ordinance shall become effective after the municipal election of 1978 in which a Mayor and three of the Board of Trustees are elected for the Town of Firestone, except that no Trustee or Mayor currently in office is entitled to increased compensation during the term in which he or she is currently holding office. Approved, adopted, and ordered published by tpe Board Trustees of the Town of Firestone on the ol.. ~day of of ?rlfl/2. cffi-, , 1978. ATTEST: Published in the Farmer and Miner on MAYOR: C?tUJo/1£~ Paul Hurtado ORDINANCE NO. AN ORDINANCE FIXING THE SALARIES OF THE MAYOR AND THE TRUSTEES OF THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE- STONE, WELD COUNTY, COLORADO: Section 1. The Mayor shall be entitled to and receive as compensation for his or her services, a salary of Twenty Five and no/100($25.00) Dollars per month, payable monthly, provided, however, the Mayor may be reimbursed for itemized and authorized expenses incurred in performance of Town business. Section 2. Each Trustee shall be entitled to and re- ceive as compensation for his or her services, a salary of Fifteen and no/100 ($15.00) Dollars per month, payable monthly, provided, however, each Trustee may be reimbursed for itemized and authorized expenses incurred in performance of Town business. Section 3. Each and every Ordinance or parts of Ordi- nances in conflict herewith is hereby repealed. Section 4. This Ordinance shall become effective after the municipal election of 1978 in which a Mayor and three of the Board of Trustees are elected for the Town of Firestone, except that no Trustee or Mayor currently in office is entitled to increased compensation during the term in which he or she is currently holding office. Approved, adopted, and ordered published by the Board of Trustees of 1he Town of Firestone on the ,;<.,;;J.'-;,-,cL, day of ?ncu,_r_4_ , 1978. ATTEST: n ·,_~{?~ MTm{iie Paul, Town Clerk Published in the Farmer and Miner on MAYOR: (~ge1=$1~ Paul Hurtado ORDINANCE NO. / o I::, AN ORDINANCE PERTAINING TO THE INSTALLATION, OR REMOVAL, OF PIPE- LINES, CONDUITS, TRANSMISSION LINES, CABLES, AND OTHER SIMILAR FACILITIES. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO. Section 1. Chapter 3 of the Code of the Town of Firestone is hereby amended by the addition of a Part VIII. to be entitled "INSTALLATION OR REMOVAL OF PIPELINES, CONDUITS, TRANSMISSION LINES, CABLES, AND OTHER SIMILAR FACILITIES", as follows: PART VIII. INSTALLATION OR REMOVAL OF PIPELINES, CONDUITS, TRANSMISSION LINES, CABLES, AND OTHER SIMILAR FACILITIES. 3-200 Permit Required. It shall be unlawful for any person, firm, or corporation to remove, install, construct, or otherwise put in place any pipeline, con- duit, transmission line, cable, or other similar facility either above or below the ground surface in the Town of Firestone, with- out first having obtained a permit or franchise to do so from the Board of Trustees of the Town, according to the provisions of this PART VIII. of Chapter 3 or, with regard to franchises, ac- cording to applicable portions of the Code of the Town of Firestone. ·3-201 Applications for Permit. Prior to obtaining a permit under this PART VIII. of Chapter 3, an application shall be submitted to the Board of Trustees through the Town Clerk. Said application shall be accompanied by a nonrefundable fee of $300.00, and shall contain the following information: a.) The exact location of the installation or removal; b.) Whether the removal or installation is to be above or below ground level; c.) If excavation is to be utilized, the depth, width, and precise location thereof; d.) If the installation or removal is to be on or above ground, the manner of removal or installation, and the exact location; e.) The dates contemplated for commencing and finishing the removal or installation; f.) The size, composition, and capacity of the installation; g.) A description of procedures for installation or removal, including but not limited to safety precautions to be utilized; h.) Whether or not the installation or removal will require cuts in or damage to any curbs, sidewalks, gutters, or paving; i.) The proximity of the removal or installation to side- walks, curbs, gutters, streets, structures, and other facilities of a similar nature; 3-202 Indemnity. No permit shall issue hereunder until the applicant shall give proof to the Board of Trustees of a good and sufficient bond with a lawful corporate surety or an indemnity insurance policy, ' . 3-202 Indemnity. (continued) in the sum of not less than $50,000.00 conditioned to indemnify and hold the Town of Firestone harmless against any claim for damages resulting from performance of work contemplated, or any act done, with regard to the installation or removal requested. Said bond or insurance policy shall remain in effect during the entire term of the installation or removal. 3-203 Repair of Public Property. The applicant shall enter into an agreement with the Town of Fire- stone for the repair and/or replacement of any damage or loss caused the Town by the installation or removal, including but not limited to damage or loss to streets, alleys, sidewalks, curbs, gutters, paving, parks, or other public property or public ways. Such agreement shall require as a condition thereof a bond or other surety deemed appropriate by the Board of Trustees for the completion of any repairs or replacements. 3-204 Annual Inspection. In the case of an installation, the permit shall be issued on a yearly basis which may be renewed yearly provided the permit holder has fully complied with the provisions of this PART VIII., and provided the installation undergoes and passes a yearly in- spection by the Town engineer or other official designated by the Board of Trustees. An inspection fee of $100.00 or $1.00 per rod, whichever is greater, shall be paid by the permit holder at the time the yearly inspection is made. The permit shall not be renewed until said fee is paid. 3-205 Termination of Permit. The permit issued hereunder may be terminated upon FIFTEEN (15) days' written notice to the permit holder at the address re- flected on the permit for violation of any provision of the Code of the Town of Firestone, or if the installation or removal, or continued maintenance thereof is determined by the Board of Trus- tees to constitute a hazard to the health, benefit, or general welfare of the citizens of the Town of Firestone. 3-206 Supervision. All installations or removals shall be supervised by the Town engineer or other official as may be designated by the Board of Trustees to insure compliance with the Code of the Town of Fire- stone. Section 2. All ordinances, resolutions, motions, and pro- visions of the Code of the Town of Firestone or parts thereof, in conflict with provisions of this Ordinance, are to the ex- tent of such conflict hereby superseded and repealed. Section 3. The sections of this Ordinance are hereby de- clared to be severable, and in any section, provisions, or part thereof shall be held unconstitutional or invalid, the re- mainder of this Ordinance shall continue in full force and ef- fect, it being the legislative intent that this Ordinance would have been adopted even if such unconstitutional or invalid matter had not been included thereon. It is further declared that if any provision or part of this section, or the application there- of to any person or cir.cumstance is held invalid, the remainder of this Ordinance and the application thereof to other persons or circumstances shall not be affected thereby. In the opinion of the Board of Trustees of the Town of Fire- stone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preservation of the public health, -2 - safety, convenience, and general welfare, and is enacted for that purpose and shall be in full force and effect FIVE (5) days after the passage and final publication. Approved, adopted, and ordered published t>2' Trustees of the Town of Firestone, on the S 1978. ATTEST: -3 - the Board of day of~, ,· " i ' ' .. . ' • ORP+NANCE NO. / O l AN ORDINANCE PERTAINING TO THE INSTALLATION, OR REMOVAL, OF PIPE- LINES, CONDUITS, TRANSMISSION LINES, CABLES, AND OTHER SIMILAR FACILITIES, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO, Section 1, Chapter 3 of the Code of the Town of Firestone is hereby amended by the addition of a Part VIII. to be entitled "INSTALLATION OR REMOVAL OF PIPELINEp, CONDUITS, TRANSMISSION LINES, CABLES, AND OTHER SIMILAR FACILITIJ;JS", as follows: PART VIII, INSTALLATION OR REMOVAL OF PIPELINES, -CONDUITS, TRANSMISSION LINES, CABLES, AND OTHER SIMILAR FACILITIES, 3-200 Permit Required, It shall be unlawful for any person, firm, or corporation to remove, install, construct, or otherwise put in place any pipeline, con- duit, transmission line, cable, or other similar facility either above or below the ground surface in the Town of Firestone, with- out first having obtained a permit or franchise to do so from the Board of Trustees of the Town, according to the provisions of this PART VIII, of Chapter 3 or, with regard to franchises,,ac- cording to applicable portions of the. Code of the ~own of Firestone. 3-201 Applications for Permit, Prior to obtaining a permit under this PART VIII. of Chapter 3, an application shall be submitted to the Board of Trustees through the Town Clerk, Said application shall be accompanied by a nonrefundal:>le fee of $300,00, anq shall contain the following information: a.) The exact location. of the installation or removal; I:>,) Whether the remov~.l o,r installation is to l:ie a):iove or below grouncl level; •, c,)· If excavation is to be utilized, the clepth, width, and precise location thereof; d,) If the installation or removai is" to ):ie on or .above ground, the manner of removal or installation, and the exact location; e,) The dates contemplated for commencing and finishing the removal or installation; f,) The size, composition, anq capacity of the installation; g,) A description of proceclures ·for instailation or removal, including )Jut not limiteq to safety precautions to be uj:ilized; h.) Whether or not the installation or removal will require . cuts in or damage to any curl:is, sidewalks, gutters, or paving; i.) The proximity of the removal or installation to side- . walks, curbs, gutters, streets, structures, and other · facilities of a similar nature1 3-202 Indemni~y. No permit shall issue here1.1nder 1.1ntil the applicant sn.all give proof to the Boarq of Tr1.1stees of a good and sufficient bond with a lawful corporate surety or an inclemnity insurance policy, ~ .)}, tf"' t . . ' 3-202 Indemnity. (contfriued) in the sum of not less than $50,000.00 conditioned to indemnify and hold the Town of Firestone harmless against any claim for· damages resulting from performance of work contemplated, or any act done, with regard to the instal_lation or removal requested. Said bond or insurance policy shall remain in effect during the entire term of the iristallation or re"1oval. 3-203 Repair of Public Property. The applicant shall enter into an agreement with the Town of Fire- stone for the repair and/or replacement of any damage or loss caused the Town by the installation or removal, including but not limited to damage or loss to streets, alleys, sidewalks, curbs, gutters, paving, parks, or other public property or public ways. Such agreement shall require as a condition thereof a bond or other surety deemed appropriate by the Board of Trustees for the completion of any repairs or replacements. 3-204 Annual Inspection. In the case of an instailation, the permit shall be issued on a yearly basis which may be renewed yearly provided the permit holder has fully complied with the provisions of this PART VIII., and provided the installation undergoes and passes a yearly in- spection by the Town engineer or other official designated by the Board of Trustees. An inspection fee of $100.00 or $1.00 per rod, whichever is greater, shall be paid by the permit holder at the time the yearly inspection is made. The permit shall not be renewed until said fee is paid. 3-205 Termination of Permit. The permit issued hereunder may be terminated upon FIFTEEN (15) days' written notice to the permit holder at the address re-· fleeted on the permit for violation of any provision of the Code of the Town of Firestone, or if the installation or removal, or continued maintenance thereof is determined by the Board of Trus- tees to constitute a hazard .to the health, benefit, or general welfare of the citizens of the Town of Firestone. 3-206 Supervision. ,. All installations or removals engineer or other official_ as Trustees to insure compliance stone. shall be supervised by the Town may be designated by the Board of with the C9de of the Town of Fire-.• Section 2. All ordinances, resolutions, motions, and pro- visions of the Code of the Town of Firestone or parts thereof, in conflict with provisions of this Ordinance, are to the ex- tent of such conflict hereby superseded and repealed. Section 3. The sections of this Ordinance are hereby de- clared to be severable, and in any section, provisions, or part thereof shall be held unconstitutional or invalid, the re- mainder of this Ordinance shqll continue in full force and ef- fect, .:j.t l:leing the legislativ13 intent that this Ordinance would have been adopted even if such unconstitutional or invalid matter had not been included thereon. It is further declared that if any provision or part of this section, or the application there- ' of to. any person or cir.cumstance is held invalid, the remainder of this Ordinance and the application thereof to other persons or <=i. rr:umstances shall not be affected thereby. , .. the opinion of t:h_e Board of Trustees of the Town of Fire- :.. lune, Weld County, Colora'clo, this Ordinance is necessary for .". ,••· .• the immediate protection and preservation of the public heal th, ·~. -:.-· .: :;~ I -2 - \ . -. ;, .. safety, convenience, and general welfare, and is enacted for that purpose and shall be in full force and effect FIVE (5) days after the passage and final publication, Approved, adopted, and ordered published~ Trustees of the Town of Firestone, on the S 1978. ATTEST: • ·, ., the day Board of Of(b,~ I tJ / ' t • I l .. ,, l j ORDINANCE ' /0 7 AN ORDINANCE DESIGNATING AN AGENCY TO RECEIVE AND FORWARD HOUSING DISCRIMINATING COMPLAINTS The Town Council of the Town of Firestone, Colorado Ordains: WHEREAS, the Town of Firestone, hereinafter referred to as the Town desires to provide safe, sanitary, and adequate dwelling accomodations within the Town of Firestone: and WHEREAS, the Town of Firestone wishes to assure that equal opportunity in housing shall be available to all of its residents and that no one shall be denied access to housing based on race, color, religion, sex, or national origin, and: WHEREAS, the Town of Firestone is firmly commited to an affirmative program to further fair housing information and to receive fair housing complaints: and WHEREAS, designation of such an agency is necessary to further the public health, safety and welfare: NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Firestone, Colorado: 1. That the Town Clerk of the Town of Firestone be and hereby is appointed and designated as the representative of the Town of Firestone to function as the fair housing information officer. 2. The duties of that officer shall include, but are not limited to, providing approved fair housing complaint forms, receiving complaints and forwarding them to appropriate governmental agencies for further action, and providing fair housing information to intrested persons. (2) ORDINANCE_--'-/'--a-.z,___ __ _ ADOPTED THIS_J=-__ .DAYO OF _,_)?-,.,___,_,=7=-=~. ~--19 7 8. Mayor ATTEST: ':n~C?~ Clerk i 1' . I i ; ' . ' • • • ... I ORDINANCE' /() 7 ::;_::.; AN ORDINANCE DESIGNATIN.G , AGENCY TO RECEIVE AND FORWARD HOUSING DISCRIMIN~TING COMPLAINTS The Town Council of the Town of Firestone, Colorado Ordains: WHEREAS, the Town of Firestone, hereinafter referred to as the Town desires to provide safe, sanitary, and adequate dwelling accomodations within the Town of Firestone: and WHEREAS; the Town of Firestone wishes to assure that equal opportunity fn housing shall be available to all of its residents and that no one shall be denied access to housing based on race, color, religion, sex, or national origin, and: WHEREAS, the Town of Firestone is firmly commited to an affirmative program to further fair housing information and to receive fair housing complaints: and ,. WHEREAS, designation of such an agency is necessary to further the public health, safety and welfare: NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Firestone, Colorado: 1. That the Town Clerk of the Town of Firestone be and hereby is appointed and designated as the representative of the Town of Firestone to function as the fair housing information officer, 2. The duties of that officer shall include, but are not limited to, providing approved fair housing complaint forms, receiving complaints and forwarding them to appropriate governmental agencies for further action, and providing fair housing information to intrested persons, ..J ~ j A --• • -~ , (2) t 'j. " ~- ORDINANCE . / tJ 7 ' ! II ~ ,i ADOPTED THIS J , ,.J( I, ~ J I !I , l·. l . ; ;r, .. ,, J : ' ' : ft r-~; S:·, • . . , I"•' :'-!: ATTES'f: ' : ·:, . ' t . ~ 77.~,~~ Clerk ., I ,. ' ' • ' ). t • , • , . « i ( I J. ' I- ~ ~ ! • ' • ~- f • ~ . ,.,, '• . • i: ' . • ORDINANCE NO. rot AN ORDINANCE SETTING THE ANNUAL SALARY AND PAYMENT THEREOF OF THE MUNICIPAL JUDGE OF THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES, OF THE TOWN OF FIRE- STONE, COUNTY OF WELD, STATE OF COLORADO. Section 1. Annual Salary. The annual salary of the Municipal Judge of the Town of Firestone, Weld County, Colorado shall be set at the sum of THREE THOUSAND AND NO/100 ($3,000.00) DOLLARS. Section 2. Monthly Increments. Said annual salary shall be payable in monthly incre- ments of TWO HUNDRED AND FIFTY AND NO/100 ($250.00) DOLLARS, each and every month of the year. Section 3. Salary Not Based On Number of Cases or Con- victions. Said annual salary or increments thereof shall in no way be directly or indirectly based upon the number of in- dividual cases handled or heard by said Municipal Judge, nor upon the number of convictions, nor upon revenues re- ceived from fines. Section 4. Repeal of Inconsistent Ordinances. All Ordinances, resolutions, and Motions of the Board of Trustees of the Town of Firestone or parts thereof, in conflict with the provisions of this Ordinance, are to the extent of such conflict hereby superseded and repealed. Section 5. Severability. The sections of this Ordinance are hereby declared to be severable, and if any section, provisions, or part thereof shall be held unconstitutional or invalid, the remainder of this Ordinance shall continue in full force and effect, it being the legislative intent that this Ordinance would have been adopted even if such unconstitutional or invalid matter had not been included therein. It· is further declared that if any provision or part of this section, or the application thereof to any person or circumstances, is held invalid, the remainder of this Ordinance and the application thereof to other persons shall not be effected thereby. In the opinion of the Board of Trustees of the Town of Fire- stone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preservation of the public health, safety, convenience, and general welfare, and it is enacted for that pur- pose and shall be in full force and effect FIVE (5) days after its passage and final publication. Approved, adopted, Trustees of the Town of ATTEST: and ordered published by the Board of Firestone ~v<.L~fa9<-..d~a~y~of May, 1978. Mayor ORDINANCE NO. /()? AN ORDINANCE SETTING THE ANNUAL SALARY AND PAYMENT THEREOF OF THE MUNICIPAL JUDGE OF THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOA!m OF TRUSTEES, OF THE TOWN OF FIRE- STONE, COUNTY OF WELD, STATE OF COLORADO. Section 1. Annual Salary. The annual salary of the Mumlcipal Judge of the Town of Firestone, Weld County, Colorado shall be set at the sum of THREE THOUSAND AND NO/100 ($3,000.00) DOLLARS. Section 2. Monthly Increments. Said annual salary shall be payable in monthly incre- ments of TWO HUNDRED AND FIFTY AND NO/100 ($250.00) DOLLARS, each and every month of the year. Section 3. S~lafY Not Based On Number of Cases or Con- victions. Said annual salary or increments thereof shall in no way be directly or indirectly based upon the number of in- dividual cases handled or heard by said Municipal Judge, nor upon the number of convictions, nor upon revenues re- ceived from fines. Section 4. Repeal of Inconsistent Ordinances. All Ordinances, resolutions, and Motions of the Board of Trustees of the Town of Firestone or parts thereof, in conflict with the provisions of this Ordinance, are to the extent of such conflict hereby superseded and repealed. Section 5. Severability. The sections of this Ordinance are hereby declared to be severable, and if any section, provisions, or part thereof shall be held unconstitutional or invalid, the remainder of this Ordinance shall continue in full .tiorce a,1d effect, it being the legislative intent that this Ordinance would have been adopted even if such unconstitutional or invalid matter had not been included therein. It is further declared that if any provision or part of this section, or the application thereof to any person or circumstances, is held invalid, the remainder of this Ordinance and the application thereof to other persons shall not be effected thereby. In the opinion of the Board of Trustees of the Town of Fire- stone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preservation of the public health, safety, convenience, and general welfare, and it is enacted for that pur- pose and ahall be in full force and effect FIVE (5) days after its passage and final publication. Approved, adopted, Trustees of the Town of ATTEST: and ordered published by the Board of Fireatone on~ dz May, 1978. Mayor Clerk L ORDINANCE NO. /...!..3_ AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE TOWN OF FIRE-. STONE, WELD COUNTY, COLORADO, ADOPTING BY THE REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES;" REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: ' Section l. Adoption. Pursuant to Title 31, Article 16, Parts land 2, C.R.S. 1973, as amended, there is hereby adopted by.reference Articles I to XXVI, inclusive, of the 1977 edition of the "Model Traffic Code for Colorado Municipalities," pro- mulgated and published as such by the State Department of High- ways, 4201 E. Arkansas Avenue, Denver, Colorado 80222. The sub- ject matter of the Model Traffic Code relates primarily to com- prehensive traffic control regulation for the Town. The purposes of this Ordinance and the Code adopted herein is to provide a system of traffic regulations consistent with State law and gen- erally conforming to similar. regulations throughout the State and Nation. THREE (3) copies of the Model Traffic Code adopted here- in are now filed in the office of the Clerk of the Town of Fire- stone, Colorado, and may be inspected during regular business hours. The 1977 edition of the Model ~raffic Code is adopted as if set forth at length. Section 2. Additions or Modifications. The said adopted Code is subject to the following additions or modifications: (a·;). Section 4-1 (a) is amended to read as follows: Sec. 4-l(a). Basic Rule, No person shall drive a vehicle on a street or highway within this municipality at a speed greater than as reason?ble and prudent under the conditions ~xisting, and in no ev.ent greater than 25 miles per hour. (b,) Section 4-l(c) is amended to read as follows: Sec. 4-l(c). Unless otherwise dec~ared by Ordinance adopting this Code and so permitted by :J_aw, ,· any speed in excess of said limits in subsection (bl of this section shall be pri- mafacie evidence that the speed is not reasonable or prudent and that it is unlawful, except that any and all 25 mile-per~ hour speed limits shall be considered maximum lawful speed limits and not primafacie speed limits, Section 3. Penalties. The following penalties, herein set forth in full, shall apply to this Ordinance: (a.) It is unlawful for any person to violate any of the provisions stated or adopted in this Ordinance. (b.) Every person convicted of a violation of any provision stated or adopted in this Ordinance shall be punished by a fine not exceeding THREE HUNDRED AND N0/100 ($300.00) DOLLARS, of by imprisonment not exceeding NINETY (90) days, or by both such fine and imprisonment. Section 4. Application.· This Ordinance shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way or public parking area, either within or out~ side the corporate limits of this municipality, the use of which this municipality has jurisdiction and authority to regulate. The provisions of sections 5-1, 5-2, 15-12, and 23-3 of the " r• .. • C .. .. adopted Model Traffic Code respectively concerning reckless driving, careless driving, unauthorized devices, and accident investigation shall apply not only to public places and ways but also throughout this municipality. Section 5. Validity. If any part or parts of this Ordinance are for any reason held to be invalid, 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 or parts thereof, irrespective of the fact that any one part or parts be declared invalid. Section 6. Repeal. Existing Ordinances or parts of Ordi- nances ~overing the same matters as embraced in this Ordinance are hereby repealed and all Ordinances or parts of Ordinances inconsistent with the provisons of this Ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation 9f any Ordinance hereby repealed prior to the taking effect of this Ordinance. Section 7. Interpretation. This Ordinance shall be so interpreted and construed as to effectuate its general purpose to make uniform the local traffic regulations contained herein., Article and section headings of the Ordinance and adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof. Section 8, Publication. The Town Clerk shall certify to the passage of this Ordinance, cause notice of its contents and passage to be published ·or posted, and make not less than THREE (3) copies of the adopted Code available for inspection by the public during regula1r business hours. . Section 9. Effective Date. This Ordinance shall be in full force and effect from and after FIVE (5) days from the date of final passage, approval, and publication. PASSED BY THE BOARD OR,TRU SIGNED THIS _ ___., __ DAY OF _( S,E A L -·-., ..... ,- ~ ~ --. ~" ', ATTEST: • -2- TOWN OF FIRESTONE ' WELD COUNTY FIRESTONE.· COLORADO 80520 CERTIFICATION OF MODEL TRAFFIC CODE STATE OF COLORADO COUNTY OF WELD TOWN OF FIRESTONE We, the undersigned, do hereby certify that this Model Traffic Code adopted by reference by the Town of Firestone, Colorado under Ordinance No. / o "l pursuant to and as provided by Title 31, Art1c~e~l6, Parts land 2, C.R.S. 1973 as amended. Dated this 1978. By Phone: 833-3291 Mayor ATTEST: .T<i>wntGil!erk TOWN OF FIRESTONE WELD COUNTY FIRESTONE, COLORADO 80520 STATE OF COLORADO COUNTY OF WELD !l:OWN~.'OF FIRESTONE I, Minnette Paul, Town Clerk of the Town of Fires~one, Colorado, do hereby certify that this is a true and ) correct copy of the Ordinance adopting by reference, the "Model Traffic Code· fbr Colorado Municipalities.''. 1977 edition. Witness my hand and seal this _z_ day 0 f 9.,..,..-::-,d 1978. Phone: 833-3291 7?~ r~o~ Minette Paul Town' Clerk fJ!r:'IV!n i ,.,.. ,· ORDINANCE NO. // O AN ORDINANCE REQUIRING A PERMIT FOR EXCAVATION DONE IN CONNECTION WITH THE INSTALLATION OF ANY SERVICE OR UTILITY. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO. Section 1. Part VIII of Chapter 3 of the Code of the Town of Firestone is amended by the addition of the following sections: 3-207 Permit Required for Other Excavation. It shaLl be unlawful for any person, other than those complying with Sections 3-200 through 3-206 of this Part VIII, to excavate, cut, open or trench in or under any street, sidewalk, curb, gutter, curbwalk, alley or other public _place without having first obtained a permit from the Town Clerk. A complete set of rules and regulations shall be pre- pared by the Town Engineer and approved by the Board describing the procedures, precautions and specifications under which the excavation work and backfilling shall be done and any other provisions deemed necessary to the best interests of the Town in connection therewith. 3-208 Application. Every person desiring to do any of said excavation work shall apply to the Town Clerk for a permit therefor on a form provided by the Town, stating the applicant's name, the location, length, width and purpose of the proposed excavation, the amount of the permit fee, the dates of commencement and completion of the work and a statement that the work will be performed in strict compliance with the plans, specifi- cations, and procedures _furnished by the Town Engineer. 3-209 Permit Fee. A fee of -P",,,,,-, ~ dollars per square foot or fraction thereof shall be paid to the Town prior to the issuance of excavation permits for paved streets. A fee of I , ~ dollars shall be paid to the Town prior to the issuance of excavation permits for ~npaved streets. Said fee shall be retained by the Town until such time as the Town Engineer, or other Town employee under his super- vision, shall sign the excavation permit indicating that all excavation, backfill and repairs have been completed according to the rules and regulations described in Section 3-207. Upon presentation to the Town Clerl< of the completed permit, all funds will be ref.unded except I'/ So,".: dollars which shall be retained by the Town and is non-refundable. 3-210 Commencement and Completion. All work authorized by·a permit issued pursuant to this section shall be commenced within a reasonable time after issuance of the permit and shall be diligently and continuously performed until completion. In the event that weather, process of law, or any other unexpected obstacles shall cause work to be stopped for so long a time that public travel shall be unreasonably obstructed, the Town Engineer may order the excavation refilled and repaved as if the work contemplated in the permit were actually completed. 3-211 Barricades and Lights. Every person making or causing to be made any excavation shall keep the excavation barricaded at all times, and between the hours of sun- set and sunrise, he shall keep such excavation properly lighted so as to warn all persons thereof. ,_ 3-212 Width and Minimum Inconvenience to Public. No opening or excavation shall be undercut or have a greater width at the bottom than at the top. In no case shall more than one half of the width of any street, alley or other public place be opened ¾ or excavated at any one tfme, and, in all cases, one half of such street, alley or other public place shall remain untouched for the accommodation of traffic until the other one half is restored for safe use. All such work shall be performed in such way as to cause minimum inconvenience and restriction to the public and to both pedestrian and vehicular traffic. 3-213 Sidewalks and Gutters Clear. It shall be unlawful for any person performing any ex.cavation work to place any.dirt or other materials upon any sidewalk or in any gutters and such work shall be performed so as to permit the free passage of water along the gutters. Section 2. All ordinances, resolutions, motions, and provisions of the Code of the Town of Firestone or parts thereof, in conflict with provisions of this Ordinance, are to the extent of such conflict hereby superseded and repealed. Section 3. The sections of this Ordinance are hereby declared to be severable, and in any section, provisions, or part thereof shall be held unconstitutional or invalid, the remainder of this Ordinance shall continue in full force and effect, it being the leg- islative intent that this Ordinance would have been adopted even if such unconstitutional or invalid matter had not been included thereon. It is further declared that if any provision or part of this section, or the application thereof to any person or circumstance is held in- valid, the remainder of this Ordinance and the application thereof to other·persons or circumstances shall not be affected thereby. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preservation of the public health, safety, convenience and general welfare, and is enacted for that purpose and shall be in full force and effect FIVE (5) days after the passage and final publication. Approved, adopted, and ordered published by Trustees of the Town of Firestone, on the I day of -~?=-~~!,,=~-' 1978. ATTEST: -2- • 0 ., . ' . . , j • , .. . , ... ,..., ORDINANCE NO. // C) AN ORDINANCE REQUIRING A PERMIT FOR EXCAVATION DONE IN CONNECTION WITH THE INSTALLATION OF ANY SERVICE OR UTILITY. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO. Section 1. Part VIII of Chapter 3 of the Code of the Town of Firestone is amended by the c1ddition of the following sections: 3-207 Permit Require_d for Other Excavation. T;: r:i1a 1,l , u,11a,1tul for c1uy persotJ, other than those complying with ·~ctiOnli J-J00 through 3-206 ut tJ11s Part VIII, to excavate, cut, ooen or tre, ch in or under any street, s Lded,1 lk, , ·urb, gu t.tei·, curbwa lk, · a 1 L,., or -: her public i, 1 ac,, without havinq first obtained a permit from , nc ·.-0,.n C,, r1,. I\ complete set of rulos and reguJ at:ions shall be pre- t•a red I y , /1,, 'Pown (n,J ineer ,H,d appn ,ved by the Board describing the ~.rtr(~dllte~'~ prel"'dltlouii arid f .. fJ"?Ciii<'atjons under which the excavation o -, , I b, :k f ~ J i ng ,rnal] 1,c 'lun,, .. nd any other prov is ions deemed 11 '.'to.Hf,.~·y t J th~ r)r~~;c tntf I"£.:-~1t -J o ~.he 'l'own in connection therewith. . l L 9 ~; .n d,~., 1 r· L 111J to o 1 1:1 n ! : oic: c ·:cavation work shall /apply ·,,,,, Cl · ~ o· 1 p< ·n, t', t<=fOJ , .1 a forn, provLdt,d by the Town, ·oss ,,. men· ,e p •r . d f I ( ' l'lt., nc; ,I ,._ v--l l:iot1, l I C"" aplt ) r1, ~ in f • '., fi, t 'le loca1 i,-,1, length, ,,idth and ·purpose c ount 01' the pe1mit fee, the dates , the wo 0 ,: and a stat,~ment that the ,c ompliai,,;e vrith th"' <JI.ans, specifi- ~1e,1 by the rrown Engint.?.1-~C ~ JI ,5'4-, "i c/CJ -dollais per sguc,rs • )< t or fraction th<"'"• S'fi.1'-1' Jo< po.;-~ -&o ih~ 'town prier to the LP~Llu I• P :,f excavation p.•n,-,;ls fo,,.. pov•<:! sfy-,,<ts. 4 f-,,, of .!9S"J •::: _ ,, _____ dollars s-ha!I b, po..;_dt 1-o th• --ro,lf.kl l',,.,.,v-tg the issuance of, ·,-1vation permits -f'ov unt,ou,d sl-re,ls. Said -fn sha.U. b-~ retainu• )•1 ', Town until' s«"" l,-,,,, ,b t ;ngi r other Town en· 1 _.,-,. under his super- v, 5,,..., .11 exc permit indicat n,, •:1at all excavation, h ,1101,(' 1d , 1ve _____ ~ __ npleted accordiHg i:o the rules and ri,nu•.,1.•01,,. d<.·-··-_,cl ~-n S0c'c::'.on .3-207._ Upon pres0:itation to the Town C\tv-k •f' th'<-,.,,,. ~(: per-1."':., 2-J.l .funds wii'l'be refunded except 41 _;-,,, --dol • -,-•fiich shall be retained by the Town and i,s no,., -r"' fund a. b I e. . A.11 ';-'l•v-;. a.v.H, .,.;.,_.,/ /;,y a p.eri,,,1.t issued pursuant to this section shall .'b• Q,,,,,,,,,., ,c!. wi-lh,-,, "-reasonable time after issuance of the permit ,v,d she. l\ h..: <1;/,r"--ntly and continuously performed until completion. "In~•• •v~ni t/4at weather, process of law, or any other unexpected ohsl • .i,, sha!l ,. o...use work to be stopped for so long a time that public i!-:>-•.,., 1 s Ji .. 11 b.._ «.nreasonably obstructed, the Town Engineer may order ti,.._ <X<-• v" 1,.,-.,., v-<f'ti 11.lled and repaved as if the work contemplated in -th, 'f" .. -, t .,.._.,.,,. a at.ua.lly completed. _aues and Lights. , t F,~rqr,X P"' ""'-Sb''"'· making or causing to be made any excavation shall keep ·.'hl=,/1<-';·,•,'.::,--vation barricaded at all times, and between the hours of sun- ,,,• 'S-<i! c. •' s,.n r:,:s~, he shall keep such excavation properly lighted so as -i-o warn ,,_ J l". rre:v-'5'!>1:1,s thereof. 1 . , ' • • •:~ t::i • .. ...:.. ..... • ' .... . r • ORDINANCE NO. //0 AN ORDINANCE REQUIRING A PERMIT FOR EXCAVATION DONE IN CONNECTION WITH THE INSTALLATION OF ANY SERVICE OR UTILITY . • BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO. Section 1. Part VIII of Chapter 3 of the Code of the Town of Firestone is amended by the addition of the following sections: 3-207 Permit Required for '.)tt,_,r D:cava tion . It shal.l be nnlav,fuJ for any per,;on, other than t,hose complying with s-,c .. i.on~ 3-?D0 t:,,rough 3-?06 of thcs Part VIIl, Lo excavate, cut, open < r 1·cench in or und2r any ,;t.r,·et, .sidewalk, curb, gutter, curbwalk, alley <lr other pt,blic place witho11L having first obtained a permit from the 'l'm, .. Cler]:. ,\ compJeL, set of 1·ule,; and regulatiom; shall be pre- l'" r -i 1,/ th· '!'own Enginc,er and ar proved Ly the Board der;cribing the 1;r·)\.."'eclt1rt·s, precc:.ut .. on~: a11 s-:--'t?citi .. ;(1t1ons unrler which the excavation ,.,·..r a I backfil: in<J sl,all Le dc,,1,, und any other provisions deem<>d r. •'. s:1u ·, t..i the t,Pst ,nt.·re~ :.; oi tl1e 1'own in connection therewith. !: r ·y l j r SOll tl. •f' •;he , wn Cl."1 , n,, · he -1pp' t:.w ope ,ucl ".'Olll, cer (!il t • 1. be 1,ec1 01 anc /!'.'.'< I i 9 •mi 1 .' (:?~ I, ' . \ -t. iha: or pa. eel . d ;hc1 an >n t.• ,f a '1C t VC• r. I ' ' ,. a"1r1g to d t dr <l p, ~ t q 1 t. 1 S Il," uv .. ~ t ion' , l C, 1:1p] · I JI ,j)(:~{ I. n ,n s t , 1y c • :,.,ic': , ,cav« tion work sha 11 apply , , •· tJ,. r,, ~01 ,,, a 1 orm provided by the Town, ,, , th 0 !,,cal ion, l,·ngth, widt·h and purpOSE' t ,H, , ., .. unt .Jt the per;ni t fee, the da ,,,s c 1 :, John w.H (. and a :;h=iten1<::nt-that th t ·,,1,pli.11,,'J w,th the pli>rL', spec-if - h '. f_),r tlh · ·own En~1 i r.E 1._; r • 1 ,ars ") r ~-1 uaJ · c1ot c-1 i:ract1.01 ,•\ ior t t 1 • if 01-.1r,ce ol ;xcavct,-icr: i' ~ dol .L.J.rs J~/l he t.:, u .. 1r, :e r F ·; > ~ v(i1 i ;n p? rmi. r ~ ::,:1· : . be ►-1 1ed -J, tr,,: ""C,Jl unti 1_ t' 1 ·,tbe err· , y uoc r hir· :5tr, r- ,-,~rmi · n i ~at n•_, L.10..t u.. ..... l exca.vc:. __ ot,, av,. ueen completed according to the !:Ules anc .. :_011. ·'-20'1. L'9on preseni:a•::fln to the r:·o•,,;: I und"s ·.\1 . L ~ bi: ~r, I ,-,(J, .r 0:{cept ,.... sh, !. · r,,,,, rrt 1 ...-,, 1 ~1c T,.,._,~n 'I.' a p0r;""'.~_1-.:_~~ucC ~---_-:_~---·-~-,nt ~0 ,.. · ~r~ion :::" 1 reasun2t ~ ~~ n is£u per i 1.t-._y ,rrr~ r .nl•!f;· fOJIT' l, 'T1plf"t"·, I. _ ... tni:\_~, ....,_ : c r... e~ r ·<pect:... work LV oe _., 1..upped for so lo:1g u. " .... .Lit"l.'2 that !-"'!"~ lie ~~r'Sonably obstz-'..lcted, tl-:e To""·n i:::l-;;ir..-:-.er ;-;-iay o.:-(;_'}= ,. '.lled and ::--0pav.ct:: as i.f. -:.::.'= -..,·o;--!:. cc:-:1:.c.-:::~_::_atec~ :..:-1·. r.. :'I ~ £ X ,~ ..... , :1 (' . \-, on f ,111 ;, 11-"S O' ,hted .~• . ' r ., ' ORDINANCE NO. /// AN ORDINANCE AMENDING PROVISIONS RELATIVE TO THE DRILLING OF OIL OR GAS WELLS IN THE TOWN OF FIRESTONE, COLORADO. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section 1. Section 3-95 of Part VII, of Chapter 3 of the Code of the Town of Firestone is amended to read as follows: 3-95. Permit Application and Filing Fee. Every application for a permit to drill and operate a well! shall be in writing, signed by the applicant or some person duly autho- rized to sign the same on his behalf, and it shall be filed with the Town Clerk and be accompanied by a filing fee of $1,000.00. No application shall request a permit to drill and operate more than one well. The said application shall include full informa- tion, including the following: (a.) The date of said application; (b.) Name of the applicant; (c.) Address of the applicant; (d.) Proposed site of the well, including: (1.) Name of the mineral owner and surface owner; (2.) Name of the lease owner; and (3.) Brief description of the land. (e.) Type of derrick to be used; (f.) The proposed depth of the well. Said permit shall be renewable on a yearly basis by the payment of an additional $1,000.00 per year on the anniversary date of the permit. Section 2. VII, of Chapter 3 of to read as follows: Subparagraph C. of Section 3-96 of Part the Code of the Town of Firestone is amended 3-96. Issuance or Refusal of Permit. C. Contained and specified at the term of such permit shall be for a period of one year from the date of the permit and renew- able on a yearly basis thereafter for so long as the permittee is engaged in drilling operations with no cessations of such op- erations for more than 90 days, or oil or gas is produced in com- mercial quantities from the well drilled pursuant to such permit, provided that if at any time after discovery of oil or gas, the production thereof in commercial quantities shall cease, the term shall not terminate if the permittee commences additional rework- ing operations within 90 days thereafter. Section 3. Validity. If any part or parts of this Ordinance are for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this Ordinance. The Board of Trustees here- by declare that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any one part or parts are declared invalid. Section 4. Repeal. Existing Ordinance or parts of Ordinances covering the same matters as embraced in this Ordinance are hereby repealed and all Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance are hereby repealed, except that this repeal shall not effect or prevent the prosecution or punishment of any person for any acts done or permitted in violation of any Ordinance hereby repealed prior to the taking effect of this Ordinance. Section 5. Effective Date. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preservation of the public health, safety, convenience, and general welfare, and it is for that purpose and shall be in full force and effect FIVE (5) days after passage, and final publication. Passed by the Boa stone this / ,,' day of ATTEST: -2- ORDINANCE NO. ! I I AN ORDINANCE AMENDING PROVISIONS RELATIVE TO THE DRILLING OF OIL OR GAS WELLS IN THE TOWN OF FIRESTONE, COLORADO. BE .IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section 1. Section 3-95 of Part VII, of Chapter 3 of the Code of the Town of Firestone is amended to read as follows: 3-95. Permit Application and Filing Fee. Every application for a permit to drill and operate a well shall be in writing, signed by the applicant or some person duly autho- rized to sign the same on his behalf, and it shall be filed with the Town Clerk and be accompanied by a filing fee of $1,000.00. No application shall request a permit to drill and operate more than one well. The said application shall include full informa- tion, including the following: (a.) The date of said application; (b.) Name of the applicant; (c.)· Address of the applicant; (d.) Proposed site of the well, including: (1.) Name of the mineral owner and surface owner; (2.) Name of the lease owner; and (3.) Brief description of the land. (e.) Type of derrick to be used; (f.) The proposed depth of the well. Said permit shall be renewable on a yearly basis by the payment of an additional $1,000.00 per year on the anniversary date of the permit. Section 2. VII, of Chapter 3 of to read as follows: Subparagraph C. of Section 3-96 of Part the Code of the Town of Firestone is amended 3-96. Issuance or Refusal of Permit. C. Contained and specified at the term of such permit shall be for a period of one year from the date of the permit and renew- able on a yearly basis thereafter for so long as the permittee is engaged in drilling operations with no cessations of such op- erations for more than 90 days, or oil or gas is produced in com- mercial quantities from the well drilled pursuant to such permit, provided that if at any time after discovery of oil or gas, the production thereof in commercial quantities shall cease, the term shall not terminate if the permittee commences additional rework- ing operations within 90 days thereafter. Section 3. Validity. If any part or parts of this Ordinance are for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this Ordinance. The Board of Trustees here- by declare that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any one part or parts are declared invalid. ' .;: . Section 4. Repeal. Existing Ordinance or parts of Ordinances covering the same matters as embraced in this Ordinance are hereby repealed and all Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance are hereby repealed, except that this repeal shall not effect or prevent the prosecution or· punishment of any person for any acts done or permitted in violation of any Ordinance hereby repealed prior to the taking effect of this Ordinance. · Section 5. Effective Date. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preservation of the public health, safety, convenience, and general welfare, and it is for that purpose and shall be in full force and effect FIVE (5) days after passage, and final publication. Passed stone this ; '/ ATTEST: by the Boar~ Trustees day of ...., • -2- of the Town of Fire- ' 1978. ORDINANCE NO. // 6 AN ORDINANCE FOR THE CREATION OF A QUALIFIED MUNICIPAL COURT OF RECORD FOR THE TOWN OF FIRESTONE, COLORADO. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section.l. of Part IV, of Chapter hereby repealed. Section 2. Part IV, of Chapter 1, re-enacted as follows: Sections 1-25 through 1-31, inclusive, l of the Code of the Town of Firestone are Sections 1-25 through 1-31, inclusive, of of the Code of the Town of Firestone are PART IV MUNICIPAL COURT 1-25. Qualified Municipal Court of Record. A qualified Municipal Court of Record for the Town of Firestone, Weld County, Colorado, is hereby created pursuant to the provisions of Article 10, Title 13, Colorado Revised Statutes, 1973, as amend- ed. 1-26. Jurisdiction. The Municipal Court of the Town of Firestone shall hear and try all alleged violations of Ordinance provisions of the Town of Firestone. 1-27. Powers and Procedures. The Municipal Judge shall have all judicial powers relating to the operation of the Court, subject to any rules of procedure govern- ing the operation and conduct of Municipal Courts promulgated by the Colorado Supreme Court. The presiding municipal judge shall have authority to issue local rules of procedure consistent with any rules of procedure adopted by the Colorado Supreme Court. 1-28. Municipal Judge. The Municipal Judge or Judges shall be appointed by the Board of Trustees for a specified term of not less than two years or for a term which expires on the date of the next election of the Board of Trustees. Any vacancy shall be filled by the Board of Trustees. If more than one Municipal Judge is appointed, the Board of Trustees shall designate the presiding Municipal Judge. Any Mu- nicipal Judge must be admitted to and currently licensed in the practice of law in Colorado. The annual salary of the Municipal Judge shall be $3,000.00 pay- able in monthly increments of $250.00 and shall in now way be directly or indirectly based upon the number of cases handled by the Court, the number of convictions made or the amount of fines or costs levied. Said salary and payment thereof shall be set by Ordinance. Before assuming the duties of his office the Municipal Judge shall make an oath or affirmation to support and uphold the Constitutions of the United States and the State of Colorado and the Ordinances of the Town of Firestone and that he or she will faithfully per- form the duties of the office. 1-29. Court Clerk. The position of Clerk of the Municipal Court is hereby established. The Clerk shall be appointed by the presiding Municipal Judge and shall have such duties as are delegated by the Municipal Judge, by law or by Court rule. The Clerk's salary shall be provided for in the same manner as the salary for the Municipal Judge. The Clerk shall give a performance bond in such amount as may be set by the Board of Trustees. 1-30. Fines and Penalties. Any person convicted of violating a municipal ordinance may be incarcerated for a period not to exceed ninety days or fined an amount not to exceed $300.00 or both, but in no instance shall the fine or penalty exceed the limitations set by the ordinance violated. The Municipal Judge may suspend a sentence or fine and place the violator on probation for a period not exceeding 90 days. Cost may be assessed against a defendant found guilty as provided by law. All fines and costs collected or received by the municipal court shall be reported and paid monthly to the Town Treasurer and deposited in the general fund. 1-31. Record of Proceedings. A verbatim record of the proceedings and evidence at trial shall be kept by either electronic device or stenographic means. In addition, the Clerk shall keep a record of all cases tried or determined by the Court. Section 3. All ordinances, resolutions, motions, provisions of the Code of the Town of Firestone or parts thereof, in conflict with the provisions of this Ordinance are to the ex- tent of such conflict hereby superseded and repealed. Section 4. The sections of this Ordinance are here- by declared to be severable, and if any section, provision, or part thereof shall be held unconstitutional or invalid, the remainder of this Ordinance shall continue in full force and effect, it being the legislative intent that this Ordinance would have been adopted even if such unconstitutional or invalid matter had not been included therein. It is further declared that if any provision or part of this section, or the application thereof to any person or circumstances held invalid, the remainder of this Ordinance and the application thereof to other persons or circum- stance shall not be effected thereby. Section 5. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preservation of the public health, safety, convenience, and general welfare, and is enacted for that purpose and shall be in full force and effect FIVE (5) days after the passage and final publication. Approved, adopted, and ordered published by the Board of Trustees of the Town of Firestone, on this ___ day of 1978. ATTEST: -2- ORDINANCE NO. AN ORDINANCE FOR THE CREATION OF A QUALIFIED MUNICIPAL COURT OF RECORD FOR THE TOWN OF FIRESTONE, COLORADO. B~ IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section 1. of Part IV, of Chapter hereby repealed. Sections 1-25 through 1-31, inclusive, 1 of the Code of the Town of Firestone are Section 2. Sections 1-25 through 1-31, inclusive, of Part IV, of Chapter 1, of the Code of the Town of Firestone are re-enacted as follows: PART IV MUNICIPAL COURT 1-25. Qualified Municipal Court of Record. A qualified Municipal Court of Record for the Town of Firestone, Weld County, Colorado, is hereby created pursuant to the provisions of Article 10, Title l3, Colorado Revised Statutes, 1973, as amend- ed. 1-26. Jurisdiction. The Municipal Court of the Town of Firestone shall hear and try all alleged violations of Ordinance provisions of the Town of Firestone. 1-27. Powers and Procedures. The Municipal Judge shall have all judicial powers relating to the operation of the Court, subject to any rules of procedure govern- ing the operation and conduct ·of Municipal Courts promulgated by the Colorado Supreme Court. The presiding municipal judge shall have authority to issue local rules of procedure consistent with any rules of procedure adopted by the Colorado Supreme Court. 1-28. Municipal Judge. The Municipal Judge or Judges shall be appointed by the Board of Trustees for a specified term of not less than two years or for a term which expires on the date of the next election of the Board of Trustees. Any vacancy shall be filled by the Board of Trustees. If more than one Municipal Judge is appointed, the Board of Trustees shall designate the presiding Municipal Judge. Any Mu- nicipal Judge must be admitted to and currently licensed in the practice of ·1aw in Colorado. The annual salary of the Municipal Judge shall be $3·, 000. 00 pay- able in monthly increments of $250.00 and shall in now way be directly or indirectly based upon the number of cases handled by the Court, the number of convictions made or the amount of fines or costs levied. Said salary and payment thereof shall be set by Ordinance. Before assuming the duties of his office the Municipal Judge shall make an oath or affirmation to support and uphold the Constitutions of the United States and the State of Colorado and the Ordinances of the Town of Firestone and that he or she will faithfully per- form the duties of the office. 1-29. Court Clerk. The position of Clerk of the Municipal Court is hereby established. The Clerk shall be appointed by the presiding Municipal Judge and shall have such duties as are delegated by the Municipal Judge, by law or by Court rule. The Clerk's salary shall be provided for in the same manner as the salary for the Municipal Judge. The Clerk shall give a performance bond in such amount as may be set by the Board of Trustees. 1-30. Fines and Penalties. Any person convicted of violating a municipal ordinance may be incarcerated for a period not to exceed ninety days or fined an amount not to exceed $300.00 or both, but in no instance shall the fine or penalty exceed the limitations set by the ordinance violated. The Municipal Judge may suspend a sentence or fine and place the violator on probation for a period not exceeding 90 days. Cost may be assessed against a defendant found guilty as provided by law. All fines and costs collected or received by the municipal court shall be reported and paid monthly to the Town Treasurer and deposited in the general fund. 1-31. Record of Proceedings. A verbatim record of the proceedings and evidence at trial shall be kept by either electronic device or stenographic means. In addition, the Clerk shall keep a record of all cases tried or determined by the Court. Section 3. All ordinances, resolutions, motions, provisions of the Code of the Town of Firestone or parts thereof, in conflict with the provisi"ons of this Ordinance are to the ex- tent of such conflict hereby superseded and repealed. Section 4. The sections of this Ordinance are here- by declared to be severable, and if any section, provision, or part thereof shall be held unconstitutional ~r invalid, the remainder of this Ordinance shall continue in full force and effect, it being the legislative intent that this Ordinance would have been adopted even if such unconstitutional or invalid matter had not been included therein. It is further declared that if any provision or part of this section, or the application thereof to any person or circumstances held invalid, the remainder of this Ordinance and the application thereof to other persons or circum- stance shall not be effected thereby. Section 5. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preservation of the public health, safety, convenience, and general welfare, and is enacted for that purpose and shall be in full force and effect FIVE (5) days after the passage and final publication. Trustees 1978. ATTEST: Approved, adopted, _and ordered published by th~ of of the Town of Firestone, on this /2-day of -,t.'----"i'--' Mayor -2- ', ..... ORDINANCE NO. AN ORDINANCE FOR THE CREATION OF A QUALIFIED MUNICIPAL COURT OF RECORD FOR THE TOWN OF FIRESTONE, COLORADO. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section .. l. of Part IV, of Chapter )1ereby repealed. Section 2. Part IV, of Chapter 1, re-enacted as follows: Sections 1-25 through 1-31, inclusive, 1 of the Code of the Town of Firestone are Sections 1-25 through 1-31, inclusive, of of the Code of the Town of Firestone are PART IV MUNICIPAL COURT 1-25. Qualified Municipal Court of Record. A qualified Municipal Court of Record for the Town of Firestone, Weld County, Colorado, is hereby created pursuant to the'provisions of Article 10, Title 13, Colorado Revised Statutes, 1973, as amend- ed. 1-26. Jurisdiction. The Municipal Court of the Town of Firestone shall hear and try all alleged violations of Ordinance provisions of the Town of Firestone. 1-27. Powers and Procedures. T.he Municipal Judge shall have all judicial powers relating to the operation of the Court, subject to any rules of procedure govern- ing the operation and conduct of Municipal Courts promulgated by the Colorado Supreme Court. The presiding municipal judge shall have authority to issue local rules of procedure consistent with any rules of procedure adopted by the Colorado Supreme Court. 1-28. Municipal Judge. The Municipal Judge or Judges shall be appointed by the Board of Trustees for a specified term of not less than two years or fo~ a term which expires on the date of the next election of the Board of Trustees. Any vacancy shall be filled by the Board of Trustees. If more than one Municipal Judge is appointed, the Board of Trustees shall designate the presiding Municipal Judge. Any Mu- nicipal Judge must be admitted to and currently licensed in the practice of ·1aw in Colorado. The annual salary of the Municipal Judge shall be $3,000.00 pay- able in monthly increments of $250.00 and shall in now way be directly or indirectly based upon the number of cases handled by the Court, the number of convictions made or the amount of fines or costs levied. Said salary and payment thereof shall be set by Ordinance. Before assuming the duties of his office the Municipal Judge shall .make an oath or affirmation to support and uphold ·the·Constitutions of the United States and the State of Colorado and the Ordinances of the Town of Firestone and that he or she will faithfully per- form the duties of the office. 1-29. Court Clerk. The position of Clerk of the Municipal Court is hereby established. The Clerk shall be appointed by the presiding Municipal Judge and ' . ' shall have such duties as are delegated by the Municipal Judge, by law or by Court rule. The Clerk's salary shall be provided for in the same manner as the salary for the Municipal Judge. The Clerk·shall give a performance bond in such amount as may be set by the Board of Trustees. 1-30. Fines and Penalties. Any person convicted of violating a municipal ordinance may be incarcerated for a period not to exceed ninety days or fined an amount not to exceed $300.00 or both, but in no instance shall the fine or penalty exceed the limitations set by the ordinance violated. The Municipal Judge may suspend a sentence or fine and place the violator on probation for a period not exceeding 90 days. Cost may be assessed against a defendant found guilty as provided by law. All 'fines and costs collected or received by the municipal court shall be reported and paid monthly to the Town Treasurer and deposited in the general fund. 1-31. Record of Proceedings. A verbatim record of the proceedings and evidence at trial shall be kept by either electronic device or stenographic means. In addition, the Clerk shall keep a record of all cases tried or determined by the Court. Section 3. All ordinances, resolutions, motions, provisions of the Code of the Town of Firestone or parts thereof, in conflict with the provisi'ons of this Ordinance are to the ex- tent of such conflict hereby superseded and repealed. Section 4. The sections of this Ordinance are here- by declared to be severable, and if any section, provision, or part thereof shall be held unconstitutional or invalid, the remainder of this Ordinance shall continue in full force and effect, it being the legislative intent that this Ordinance would have been adopted even if such unconstitutional or invalid matter had not been included therein. It is further declared that if any provision or part of this section, or the application thereof to any person or circumstances held invalid, the remainder of this Ordinance and the application thereof to other persons or circum- stance shall not be effected thereby. Section 5. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preservation of the public health, safety, convenience, and general welfare, and is enacted for that purpose and shall be in full force and effect FIVE (5) days after the passage and final publication. Trustees 197 a·. ATTEST: Approved, a_dopted, and ordered published by the~ of of the Town of Firestone, on this ~day of--+--~"--' / Mayor ORD I NANCE NO. / / t( ' AN ORDINANCE CONCERNING DISORDERLY CONDUCT WITHIN THE TOWN OF FIRESTONE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE- STONE, COUNTY OF WELD, STATE OF COLORADO: Section 1. Section 9-2l(a) of the Code of the Town of Fire- stone is hereby repealed. Section 2. Section 9-21(a). of the Code of the Town of Fire- stone is hereby re-enacted as follows: Section 9-2l(a). Makes any comment, request, suggestion, or proposal which is obscene in a public place;· as used in this Section, unless the context otherwise requires, "obscene" means a patently offensive description of ul- timate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, in- cluding masturbation, cunnilingus, fellatio, anilingus, or excretory functions. Section 3. If any part or parts of this Ordinance are for any reason held to be invalid or unconstitutional, such decision shall not effect the validity of the remaining portions of this Ordinance. The Board of Trustees hereby declair that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any one part or parts are declared invalid or unconstitutional. Section 4. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preservation of the public health, safety, convenience, and general welfare, and it is for that pur- pose and shall be in full force and effect FIVE (5) days after passage, and final publication. Passed by the this -~ day of ATTEST: Board of Trustees of the Town of Firestone ~~ , 1978. Mayor ,,a.o./4- . . . . ' • .. ,, :i ' ' ·• .I . ~· ' . t ! r •.jl J• 1"' " ;; ~- ~ .. • h ., t. " t ( I-. -· I ORDINANCE NO. J / tf ' AN ORDINANCE CONCERNING DISORDERLY CONDUCT WITHIN THE TOWN OF FIRESTONE. I BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE- STONE, COUNTY OF WELD, STATE OF COLORADO: Section 1. Section 9-21(.a) of the Code of the Town of Fire- stone is hereby repealed. Section 2. Section 9-21(.al of the Code of the Town of Fire- stone is hereby re-enacted as follows: Section 9-21(.a). Makes any comment, request, suggestion, or proposal which is. obscene in a public place; as used t,n this Section, unless the context otherwise requires, 'obscene" means a patently offensive description of ul- timate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, in- cluding masturbation, cunnilingus, fellatio, anilingus, or excretory functions . Section 3. If any part or parts of this Ordinance are for any reason held to be invalid or unconstitutional, such decision shall not effect the validity of the remaining portions of this Ordinance. The Board of Trustees hereby declair that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any one part or parts are declared invalid or unconstitutional. Section 4. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preservation of the public health, safety, convenience, and general welfare, and it is for that pur- pose and shall be in full force and effect FIVE (5) days after passage, and final publication. Passed by the Boarµ of Trustees of the.Town of Firestone this ~ day of C,,._.,;,.,,_~,.,__..-r , 1978 . ATTEST: )7 J..~~ -~:f---ffi , . t ;?._«. ~ ( Town Clerk . ! I ., , • • I. AN ORDINANCE RELATIVE TO THE REZONING OF A PORTION OF THE TOWN OF FIRESTONE, AMENDING AND.CHANGING BOUNDARIES OF DISTRICTS, SPECIFICALLY THE ZONING OF LOTS 15, 16, 17, 18, 19, AND 20, ALL IN BLOCK 22, TOWN OF FIRESTONE. WHEREAS, an application for rezoning of Lots 15, 16, 17, 18, 19, and 20, Block 22, has been submitted to the Town of Fire- stone, seeking a change in the zoning from R-1 to CM relative to Lots 15 and 16 in Block 22, and a change from C-1 to CM relative to Lots 17, 18, 19, and 20, in Block 22; and ' WHEREAS, the Planning and Zoning Commission has favorably rec- ommended said change after public hearing on the application; and WHEREAS, the Board of Trustees have held a public hearing on said rezoning application and have found that: there has been a change of circumstances in the area showing a need for the CM zoning applied for. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section 1. That Lots 15 and 16 in Block 22, Town of Fire- stone are hereby rezoned from the existing R-1 zone to CM zone. Section 2. That Lots 17, 18, 19, and 20, Block 22, of the Town of Firestone are hereby rezoned from the existing C-1 zone to a CM zone. Approved, adopted, and ordered published by the Board of the Town of Firestone at a regular meeting on the of Cl~~<-<,,' , 1 9 7 8 . ATTEST: of Trustees }to day .r l ORDINANCE NO. AN ORDINANCE RELATIVE TO THE REZONING OF A PORTION OF THE TOWN OF FIRESTONE, AMENDING AND.CHANGING BOUNDARIES OF DISTRICTS, SPECIFICALLY THE ZONING OF LOTS 15, 16, 17, 18, 19, AND 20, ALL IN BLOCK 22, TOWN OF FIRESTONE. WHEREAS, an application for rezoning of Lots 15, 16, 17, 18, 19, and 20, Block 22, has been submitted to the Town of Fire- stone, seeking a change in the zoning from R-1 to CM relative to Lots 15 and 16 in Block 22, and a· change from C-1 to CM relative to Lots 17, 18, 19, and 20, in Block 22; and WHEREAS, the Planning and Zoning Commission has favorably rec- ommended said change after public hearing on the application; and WHEREAS, the Board of Trustees have held a public hearing on said rezoning application and have found that: there has been a chang~ of circumstances in the area showing a need for the CM zoning applied for. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: 1 1 Section 1. That Lots 15 and 16 in Block 22, Town of Fire- stone are hereby rezoned from the existing R-1 zone to CM zone. Section 2. That Lots 17, 18, 19, and 20, Block 22, of the Town of Firestone are hereby rezoned from the existing C-1 zone to a CM zone. Approved, adopted, and ordered published by the Board · of the Town of Firestone at a regular meeting on the of (t r-1' .,,_,,:_ ,..., , 19 7 8 . &/th ATTEST: of Trustees .tc, day . _, ·. .. . .• ORDINANCE NO. AN ORDINANCE OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO DISCONNECTING CERTAIN REAL PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF FIRESTONE. WHEREAS, the Board of Trustees of the Town of Firestone has received a Request For Disconnection of certain real property from the Town of Firestone, Weld County, Colorado, from the owner of the property, pursuant to C.R.S. 1973, 31-12-501; and WHEREAS, the Board of Trustees has considered such application and is of the opinion that the best interests of the Town will not be prejudiced by the proposed disconnection; and WHEREAS, the owner, Weld County, intends to construct an ex- tension of County Road 13 on the property,. thereby alleviat- ing through traffic in the Town of Firestone; therefore: BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE- STONE: Section 1. The property owned by Weld County as des- cribed in this Section L , is hereby disconnected from the corporate limits of the Town of Firestone: A parcel of land lying entirely within the south- west quarter of the northwest quarter of Section 30, Township 2 North, Range 67 West, of the Sixth Principal Meridian, Weld County, Colorado, more particularly described as follows: Beginning at the southwest corner of said south- west quarter of the northwest quarter of Section 30; Thence N 00°15'28" E along the west line of said Section 30 a distance of 1333.29 feet to a point on the north line of said southwest quarter of the northwest quarter of Section 30; Thence easterly along said north line a distance of 65.45 feet more or less to a point on the west- erly Right-of-Way line of the Union Pacific Rail- raod Company as recorded in the office of the Weld County Clerk and Recorder at Book 362, Page 29; Thence S 00°33'28'' W along said westerly Right-of- Way line a distance of 1333.31 feet to a point on the south line of said Northwest quarter of Section 30; Thence westerly along said south line a distance of 58.6 feet more or less to the point of beginning. Containing 1.898 acres more or less. Section 2. In the opinion of the Board of Trustees of the Town of Firestone, this Ordinance is necessary for the im- mediate protection and preservation of the public health, safety, convenience and general welfare of the residents of the Town of Firestone, and is enacted fqr that purpose and shall be in full force and effect FIVE (5) days after passage and publication. Approved, adopted and ordered published by the Board of Trustees of the Town of Firestone on the ; {£. day of ~cember, 1978. I 1 ) 7jt_, j r Mayor ATTEST: -2- if t t l ' .. ,. • •· ~' ~ • f :, t. ' t t + J . ' ORDINANCE NO. AN ORDINANCE OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO DISCONNECTING CERTAIN REAL PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF FIRESTONE. lfHEREAS, the Board of Trustees of the Town of Firestone has received a Request For Disconnection of certain real property from the Town of Firestone, Weld County, Colorado, from the owner of the property, pursuant to C.R.S. 1973, 31-12-501; and WHEREAS, the Board of Trustees has considered such application and is of the opinion that the best interests :of the Town will not be prejudiced by the proposed disconnection; and WHEREAS, the owner, Weld County, intends to construct an ex~ -tension of County Road 13 on the property,_, thereby alleviat-, ing through traffic in" the Town of Firestone; . therefore: BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE- STONE: Section 1. The prope:i:ty owned by Weld County as des- cribed in this Section L, is hereby disconnected from the corporate limits of the Town of Firestone: A parcel of land lying entirely within the south- west quarter of the northwest quarter of Section 30, Township 2 North, Range 67 West, of the Sixth Principal Meridian, Wel-cl County, Col.orado, more particularly described as follows: Beginning at·the southwest corner of said south- west quarter of the northwest quarter of Section 30; Thence N 00°15'21!" E al-ong the west _line of said Section 30 a dis~ance of l-333.29 feet to a point on the north l-ine ot' said southwest quarter of the northwest q4arter of Section 30; Thence easterl-y al-ong_ said north l-ine a distance of 65. 4 5 feet more or l,ess to cl point on the west-, erl.y Right-of-Way line of the Union Pacific Rail- raod Company as recorded in the office of the Weld County Clerk and Recorder at Book 362, Page 29; Thence S 00°33'28" W along said westerly Right-of- Way line a distance of l.3~3.3l-feet to a point on the south line of said No:i:thwest_ quarte:r of Section 30; Thence westerl-y al-ong said south line a dist~nce of 58.6 feet more or l-ess to the point of beginning. Containing L 898 acres mo:re or less. Section 2. In the opinion of the Board of Trustees of the Town of Firestone, this O:rdinance is necessary fo:r the im- mediate protection and preservation of the public health, safety, convenience and general wel-fc1re of the residents of the Town of Firestone, and is enacted fqr that purpose and shall be in full force and effect FIVE (5) days after passage and publication. .; ,j ,,,. " • i ' I I. ' ,· I Approved, adopted and ordered publishei by the Board of Trustees of the Town of Firestone on the ; ' day of cember, 1978. ATTEST: Town Clerk • -2- j ' . • ORDINANCE NO. AN ORDINANCE OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO DISCONNECTING CERTAIN REAL PROPERTY FROM THE CORPORATE LIMITS OF THE TOWN OF FIRESTONE. WHEREAS, the Board of Trustees of the Town of Firestone has received a Request For Disconnection of certain real property from the Town of Firestone, Weld County, Colorado, from the owner of the property, pursuant to C.R.S. 1973, 31-12-501; and WHEREAS, the Board of Trustees has considered such application and is of the opinion that the best interests of the Town will not be prejudiced by the proposed disconnection; and WHEREAS, the owner, Weld County, intends to construct an ex- tension of County Road 13 on the property, thereby alleviat- ing through traffic in the Town of Firestone; therefore: BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE- STONE: Section 1. The property owned by Weld County as des- cribed in this Section 1., is hereby disconnected from the corporate limits of the Town of Firestone: A parcel of land lying entirely within the north- west quarter of the northwest quarter of Section 30, Township 2 North, Range 67 West, of the Sixth Principal Meridian, Weld County, Colorado, more particularly described as follows: Beginning at the northwest corner of said Section 30; Thence easterly along the north line of said Sec- tion 30 a distance of 72.3 feet more or less to a point on the westerly Right-of-Way line of the Union Pacific Railroad Company as recorded in the office of the Weld County Clerk and Recorder at Book 362, Page 29; Thence S 00°33'28'' W along said westerly Right-of- 1,ay line a distance of 1333. 31 feet to a point on the south line of said northwest quarter of the northwest quarter of Section 30; Thence westerly along said south line a distance of 65.45 feet more or less to the southwest corner of said northwest quarter of the northwest quarter of Section 30; Thence N 00°15'28" E along the west line of said Section 30 a distance of 1333.29 feet to the point of beginning. Containing 2.108 acres more or less. Section 2. In the opinion of the Board of Trustees of the Town of Firestone, this Ordinance is necessary for the im- mediate protection and preservation of the public health, safety, convenience and general welfare of the residents of the Town of Firestone, and is enacted for that purpose and shall be in full force and effect FIVE (5) days after passage and publication. Approved, adopted and ordered publi~hed by the Board of Trustees of the Town of Firestone on the 0 ti, day of December, 1978. ATTEST: -2- • . , , .• t ' / ,, . ,t •. I ,} \~ " H ;►. J~ • , r- ' • i' t • ORDINANCE NO. AN ORDINANCE OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO DISCONNECTING CERTAIN REAL PROPERTY FROM THE CORPORATE LIMITS OF rHE TOWN OF FIRESTONE • WHEREAS, the Board of Trustees of the Town of Firestone has received a Request For Disconnection of certain real property from the Town of Firestone, Weld County, Colorado, from the owner of the property, pursuant to C.R.S. 1973, 31-12-501; and WHEREAS, the Board of Trustees has considered such application and is of the opinion that the best interests.of the Town will not be prejudiced by the proposed disconnection; and WHEREAS, the owner, Weld.County, intends to construct an ex- tension of County Road 13 on the property, thereby alleviat- ing through traffic in.the Town of Firestone; therefore: BE IT-ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE- STONE: . Section 1. The property owned by Weld Co4nty as des- cri»ed in this Section 1., is hereby disconnected from the corporate limits of the.Town of Firestone: A parcel of land lying entirely within t'he north- west quarter of the northwest quarter of Section JO, Township 2 North, Range 67 West, of the Sixth Principal Meridian, Weld County, Colorado, more particularly described as follows: Beginning at the northwest corner of said Section .JO; Thence easterly along the north line of said Sec- tion JO a distance of 72.3 feet more or less to a point on the westerly Right-of-Way line of the ·union Pacific Railro~d Company as recorded in the office of the Weld County Clerk anci' .Recorder at Book 362, Page 29; Thence S 00°33'28" W along said westerly Right-of- lvay line a distance of 1333.3".\. feet to a point on the south line of said nort))we.st q1.1arter of the northwest quarter of Section 30; Thence westerly along said south line a distance of 65.4S feet more or :).es:. to the southwest corner. of said northwest qqarter of the northwest quarter ·of.Section 30; · Thence N 00 °15 '28 '' E along the west line of said Section 30 a distance of 1333.29 feet to the point of J:ieg:1-nning, Containing 2.108 acres more or les:,. Section 2. In the opinion of the Board of Trustees or the Town of Firestone, this Ordinance is necessary for the im- mediate protection and preservation of the pub):;i.c heal th, safety, convenience and general welfare of the residents of the Town of Firestone'-; and is enacted for chat purpose and sha_ll be in full force ano effect FIVE (5) days after passage and publication. --------- ' .. . • I, Approved, adopted and ordered published by the Board of Trustees of the Town of Firestone on the (, ·eJ. day of December, 1978. ATTEST: Town Clerk • I -2- ORDINANCE // o/ AN ORDINANCE ADOPTING THE BUDGET FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE FISCAL YEAR BEGINNING ON THE 1st DAY OF JANUARY, lli~79, AND ENDING ON THE LAST DAY OF DECEMBER, 1979, ESTIMATING THE AMOUNT OF MONEY NECESSARY TO BE RAISED BY TAX LEVY BASED ON THE SAID BUDGET SO ADOPTED: ESTIMATING THE AMOUNT OF MONEY TO BE DERIVED FROM OTHER REVENUE SOURCES AND SETTING FORTH THE TOTAL ESTIMATED ESTENDITURES FOR EACH FUND. WHEREAS, THE TOWN TRUSTEES, designated to prepare the annual budget for Firestone, Colorado, for the fiscal year beginning January 1, 1979, and ending December 31, 1979, has prepared said budget and submitted it totthe Board of Trustees, and, WHEREAS, the Board of Trustees held a public hearing on said budget on ~~✓ / , /Vf? WHEREAS, the assessed valuation of taxable property for the year 1978 in the Town of Firestone, as returned by the County Assessor of Weld County, Colorado is the sum of NOW, THEREFORE, BE IT ORDAINED BY THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO Sectionll. That the estimated revenues for the various' funds for the Town of Firestone are: GENERAL FUND Property taxes Other Revenues TOTAL WATER FUND Property taxes Other Revenues TOTAL PARK FUND TOTAL HIGHWAY FUND Highway Users Taxes Receivable Other Revenues TOTAL REVENUE SHARING TOTAL $ /00 7/,P $ •✓.,, t, "Jo $ //'-/ .!'R3 $ /.? '7 S ?3 $ S'-/.PI $ $ . .,, / ,o $ o/,f," $ J./3/ 3 '7 C $ ~-.:3...3,::>a $ __ <:-y'-'-1,,_!>-___,_'l ___ _ (2) ORDINANCE /I o/ Section 2: That the estimated expenditures for each fund of the Town of Firestone are as follows: GENERAL FUND $ /,; o. 71 R WATER FUND $ I.:? 9 .5,-?.3 PARK FUND $ 3-,;j:;1 HIGHWAY FUND $ 5:".:J] .::J 0 REVENUE SHARING FUND $ 91. :,-"I Section 3: That the budget for the Town of Firestone, Colorado, for the fiscal year beginning January 1, 1979, and ending December 31, 1979, as heretofore submitted to the Board of Trustees by the Town Trustees, and changed and amended by taid Board of Trustees be, and the same hereby is adopted and approved as the budget for the Town of Firestone for the said fiscal year. Section 4: That the budget herein approved and adopted shall be signed by the Mayor and the Twon Clerk, and be made a part of the public records of the Town of Firestone. INTRODUCED, READ, AND ADOPTED ON THIS L&DAY OF ATTEST: ?2·~2ZZ, Town Clerk (seal) • • ' . ORDINANCE . // 'f AN ORDINANCE ADOPTING THE BUDGET FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE FISCAL YEAR BEGINNING ON THE 1st DAY OF JANUARY, 1~79, AND ENDING ON THE LAST DAY OF DECEMBER, 1979, ESTIMATING THE AMOUNT OF MONEY NECESSARY TO BE RAISED BY TAX LEVY BASED ON THE SAID BUDGET SO ADOPTED: ~STIMATING THE AMOUNT OF MONEY TO BE DERIVED FROM OTHER REVENUE SOURCES AND SETTING FORTH THE TOTAL ESTIMATED ESTENDITURES FOR EACH FUND. WHEREAS, THE TOWN TRUSTEES, designated to prepare the annual budget for Firestone, Colorado, for the fiscal year beginning January 1, 1979, and ending December 31, 1979, has prepared said budget and submitted it to~:the Board of Trustees, and, WHEREAS, the Board of Trustees held a public hearing on said budget on )ffe½--,--, . .,-d',,✓ / , /9?!? WHEREAS, the assessed valuation of taxable property for the year 1978 in the Town of Firestone, as returned by the County Assessor of Weld County, Colorado is the sum of ,. I't' --:: ,{t.?.~ ., NOW, THEREFORE, BE IT ORDAINED BY THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO Sectionll. That the estimated revenues for the various' funds for the Town of Firestone are: ' GENERAL FUND Property taxes Other Revenues TOTAL WATER FUND Property taxes Other Revenues .TOTAL PARK FUND TOTAL HIGHWAY fUND Hig)1way UE!ei:s Taxes Receivable Other Revem;es TOTAL REVENUE SHARlNG TOTAL $ l'l .ft9 $ c,, () 1...1.!~'l __ _ $_LPC':;'//_df_ __ $ ,!_¥ t, '7<() $ /,I, <I ~!? _jJ $ # 07'.'lST f .3 $ So/?V $, . ----.. $ d./;g-,o $ o//f;CJO $ qft/:J'?O $ "C '{ 3 ::z ,o " . ,. . . ................. • • -· .. (2) OJU)INAI'lCE /I L each Section 2; fund of the That the estimated expenditures Town of Firestone are as follows; for GENERAL FUND $ ,!.d~ ,ZI I' WATER FUND $ ,/.2 'Y S73 .. PARK FUND $ s=-4/ .? I HIGHWAY FUND $ t[] 1 .:2 ° REVENUE SHARING F.UND $ 2trL Section 3: That the budget for the Town of Firestone, Colorado, for the fiscal year beginning January 1, 1979, and ending December 31, 1979, as heretofore submitted to the Board of Trustees by the Town Trustees, and changed and amended by said Board of Trustees be, and the same hereby is adopted and approved as the budget for the Town of Firestone for the said fiscal year. Section 4: That the pudget herein approved and adopted shali be signed by the Mayor and the -rwon Clerk, and pe '. . made a part of the publid-records of the Town of Firestone, INTRODUCED, REAP, AND ~J~l=~~~'="~·zr£'~~~==~·--191a . ATTEST: tJ ADOPTED ON ~HIS _LDAY OF • -.Mayor ?? 'J_,_,,.,~-~~ \_ Town Clerk I ORDINANCE_----'/~,;2.::::..._o ____ _ THE ANNUAL APPROPRIATION ORDINANCE, APPROPRIATING SUMS OF MONEY TO DEFRAY EXPENSES AND LIABILITIES OF THE TOWN OF FIRESOTNE, COLORADO FOR THE TOWN"S FISCAL YEAR BEGINNING JANUARY 1, 1979, AND ENDING ON THE LAST DAY OF DECEMBER, 1979. WHEREAS, THE BOARD OF TRUSTEES HAS, by ordinance, made the properttax levy in mills upon each dollar of the total assessed valuation of all taxable property within the town, such levy representang the amount of taxes mor the Town's purpose necessary to provide for payment during the Town's said fiscal year of all properly authorized demands upon the treasury, and ~Pfl=.:>H-e1'·';·:-,,,. Eo:r.-4sfle WHEREAS, THE BOARD OF TRUSTEES is now desirous of making appropriations for the ensuing fiscal year. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1: That the following appropriations are hereby maele for the Town of Firestone, Colorado, for the fiscal year beginning January 1' 1979, and ending on the last day of December, 1979, the sum of $ /t'7 7/ p from the General Fund, , sum of $ /,:1 r s?..3 from the Water Fund, the sum operating expenses government, public public health. from the Park Fund, for the payment of and capital outley of the general safety, public works, reereation, and Section 2: That the sum of $ ,<[3 3 .1 o is hereby the of appropriated from the Highway Fund for the operation, maintenance, and construction of roads. Section 3: That the sum of $ 9 (, .:;-9 ---'--'--"----is hereby appropriated from the Revenue Sharing Fund to be ·t✓.r.• <d f• ~ G,1 <1!n1'>"A) Pu..t p" s es. INTRODUCED, READ, AND ADOPTED ON THIS -I.I. ,i, -DAY OF ,(~ 1978. Mayor . I I. I 11 , f I ORPINANCE_~/_.;2._o ___ _ THE ANNUAL APPROPRIATION ORDINANCE, APPROPRIATING SUMS OF MONEY TO DEFRAY EXPENSES AND LIABILITIES OF THE TOWN OF FIRESOTNE, COLORADO FOR THE TOWN°S FISCAL YEAR BEGINNING JANUARY 1, 1979, AND ENDING ON THE LAST DAY OF DECEMBER, 1979. WHEREAS, THE BOARD OF TRUSTEES HAS, by ordinance, made the properttax levy in mills upon each dollar of the total assessed valuation of all taxable property within the town, such levy representing the amount of taxes mor the Town's purpose necessary to provide for payment during the Town's said fiscal year of all properly authorized demands upon the treasury, and ~:::>?ronr-i~,.;i..,.,.:;-_i:A:1c-Mie WHEREAS, THE BOARD OF TRUSTEES is now desirous of making appropriations for the ensuing fiscal year. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1: That the following appropriations are hereby ma~e for the Town of Firestone, Colorado, for the fiscal year beginning January l, 1979, and ending on the last day of December, 1979, the sum of from tne General Fund, the , sum of $ /,;/ 7 .~-~, :J from the Wat'er Fund, the sum of $ . s-'z'.'.b"' I from the park fund, for tne p&yment of operating expenses and capital·outley of tne general government, puolic sc1fety, ·, puplic wor)l:s, reareation, and public heal th·. Section .2: Th&t tne sum of $ ,£ .~ .} ..; c> is hereby appropriated from the Hi~hway Fund for ~he operation, maintenance, and construction of roads. Section 3: That tne sum of$ 9 t. 5-'I is nereby ---'-"'--'----- appropriated from the Revenue Sh&ring Fund to pe G,, .. ,,,.,. I ,<.I. ADOPTED ON THIS 1: DAY OF -~--- i Mayor ATTEST: ')·J =r~, .;...c:Zc, . Town Clerk ORDINANCE NO. /,;:2../ AN ORDINANCE RELATIVE TO THE REZONING OF A PORTION OF THE TOWN OF FIRESTONE, AMENDING AND CHANGING BOUNDARIES OF DISTRICTS, SPECIFICALLY THE ZONING OF LOTS 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, all in BLOCK 22, TOWN OF FIRESTONE. WHEREAS, AN application for rezoning of Lots 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, Block 22, has been submitted to the Town of Firestone, seeking a change in the zoning from R-1 to C-1 and WHEREAS, the Planning and Zoning Commission has favorably recommended said change after public hearing on the application, and WHEREAS, the Board of Trustees have held a public hearing on said rezoning application and have found that: there has been a change of circumstances in the area showing a need for the Cl zoning applied for. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: Section 1. That lots 27,28,29,30, and 31,Block 22, of the Town of Firestone are hereby rezoned from the existing R-1 zone to a C-1 zone, and Lots 32,33,3·4, 35,36, and 37, Block 22 Town of Firestone are hereby rezoned from the existing R-1 zone to a R-3 zone. Approved, adopted, and ordered published by the Board of Trustees of the Town of Firestone at a regular meeting on the __ c__ __ d.ay ot;;}(~7-197 Mayor Attest: Town Clerk ORDINANCE NO. / .,;I ~ AN ORDINANCE RELATING TO THE REGULATION OF ERECTION, CONSTRUCTION, ENLARGEMENT, AL'IERATION, REP AIR, MOVING, REMOVAL, CONVERSION, DEMOTITION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF BUILDINGS OR STRUCTURES IN THE TOWN OF FIRESTONE, COLORADO: ADOPTING BY REFERENCE THERETO THE UNIFORM BUILDING corn, 1976 EDITION, Oil'. THE INTERNATIONAL CONFERENCE OF BUILDING OFFICALS, TOGETHER WITH THE UNIFORM BUILDING CODE STANDARDS, 1976 EDITION; REPEALING ALL ORDINANCES OF THE TOWN OF FIRESTONE, COLORADO, IN CONFLICT OR INCONSISTENT HEREWITH; AND PROVIDING A PENALTY FOR VIOLATION OF THE PROVISIONS OF SAID BUILDING CODE. WHEREAS, the Board of Trustees of the Town of Firestone has made a thorough study of the 1976 edition of the Unifom Building Code; and, WHEREAS, the Board of Trustees is of the opinion that the same should be adopted; NOW THEREFORE, BE IT ORDAINED BYUTHE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Adoption. Pursuant to Title 31, Article 16, part 2, Colorado· Revised Statutes, 1973, as amended, there is hereby adoped as the Building Code of the Town of Firestone, by reference thereto, the Unifom Building Code, 1976 Edition, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, together with the Unifom Building Code Standards, 1976, Edition, of the International Conference of Building Officials, above address, all to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted codes includes comprehensive provisions and standards regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings and structures for the purpose of protecting the public health, safety, and general welfare. Section 2 Amendments and Deletions. (a) Section 105 of the Unifom Building Code is hereby amended to read as follows: "Section 105: Buildings and structures moved into or within the Town shall comply with the provisions of this Code and all other codes relating to electrical, plumbing, mechanical and similar installations and shall be regarded as new buildings relating to same. See Section 1601 (C) for ORDINANCE / ~ :l requirements in fire zones." (b) Section 6003 of the Uniform Building Code is hereby deleted in its entirety. (c) Section 6004 of the Uniform Building Code is hereby deleted in its entirety. Section 3. Code Copies. At least three (3) copies of the Uniform Building Code, 1976 Edition, and at least three (3) copies of the Uniform Building Code Standards, 1976 Edition, of the International Conference of Building Officials, all certified to be true copies, have been and are now on file in the office of the Town Clerk, and may be inspected by any interested person during regular business hours, Monday through Friday, holidays excepted. The }'.Building Code" as finally adopted shall be available for sale to the public through the office of the Town Clerk at a moderate price. Section 4. Penalties. (a) The following penalty clause as contained in the Uniform Building Code is herewith set forth in full and adopted: .•. .. "Section 205. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code. "Any person, firm, or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $300 or by imprisonment for not more than 90 days, or by both such fine and imprisonment." • ORDINANCE (b) Any violation of any provision of this Ordinance shall be punishable by a fine not exceeding three hundred dollars ($300) or imprisonment for a term not exceeding ninety (90) days or by both such fine and imprisonment. Section 5. Savings Clause. If any part, section, subsection, sentence, clause, or phrase of this Ordinance or of the Building Code adopted hereby is for any reason held to be invalid, such decisions, shall not effect the validity of the remaining sections of this Ordinance or of said Building Code; the Board of Trustees hereby declares that it would have passed this Ordinance and adopted said Building Code in each par, section, subsection, sentence, clause, or phrase thereof, irrespective of the· fact that any one or more parts, section, subsections, sentences, clauses, or phrases be declared invalid. Section 6. Repeal. Any or all Ordinances or parts of Ordinances of the Town of Firestone, in conflict or inconsistent herewith are hereby repealed, provided, however, that the repeal of any Ordinance or parts of Ordinances of the Town of Firestone shall not revive any other section of any Ordinance or Ordinances heretofore repealed or superseded. Sections 3-1 to 3-2 of the City Code are hereby repealed. Section 7. Emergency Clause. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preservation of the public health, safety, convenience, and general welfare, and is enacted for that purpose and shall be in full force and efifect FIVE (5) da~s after the passage and final publication. Approved, adopted, and ordered published by the Board of Trustees of the Town of -1-_d 1979. Mayor ATTEST: Clerk ORDINANCE /cf<, J AN ORDINANCE ADOPTING BY REFERENCE THE COLORADO MODEL ENERGY EFFICIENCY CONSTRUCTION AND RENOVATION STANDARDS FOR NONRESIDENTIAL BUILDINGS OF THE STATE OF COLORADO AND THE COLORADO RECOMMENDED ENERGY CONSERVATION "PERFORMANCE" CODE FOR NEW CONSTRUCTION AND RENOVATION OF RESIDENTIAL BUILDINGS, REPEALING ALL ORDINANCES OF THE TOWN OF FIRESTONE, COLORADO, IN CONFLICT OR INCONSISTENT THEREWITH, AND PROVIDING A PENALTY FOR VIOLATION THEREOF. WHEREAS, Senate Bill No. 432, adopted by the Colorado General Assembly in 1977, requires each municipality which has a building code to adopt energy efficiency construction and reno~ation standards for nonresidential buildings prior to July 1, 1978, and, WHEREAS, the Town of Firestone has a building code; and, WHEREAS, Senate Bill No. 159, adopted by the Colorado General Assembly in 1977, recognized the authority of a municipality to adopt and enforce energy efficie.ncy standards for the construction and renovation of residential buildings; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE STONE , COLORADO: Section 1, Adoption. part 2, Colorado Revised Pursuant to Title 31, Article 16, Statutes 1973, as amended, there is hereby adopted as the energy efficiency construction and renovation standards for nonresidential buildings of the Town of Firestone, by reference thereto, the Colorado Model Energy Efficiency Construction and Renovation Standards for Nonresidential Buildings, adopted November, 1977, and published March, 1978, with amendments adopted December, 1978, and published January, 1979, by the State of Colorado, Office of State Planning and Budgeting, Board for Energy Efficiency Nonresidential Building Standards, 1525 Sherman St., Denver, Colorado 80203, and as the energy efficiency construction and renovation standards for residential buildings of the Town of Firestone, by reference thereto, the Colorado Recommended Energy Conservation "Performance" Code for New Construction and Renovation of Residential Buildings, adopted November, 1977 and published March, 1978, with amendments adopted December, 1978, and published January, 1979, by the State of Colorado, Division of Housing, State Housing Board, 1313 Sherman Street, Denver, Colorado 80203, both to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted standards include comprehensive provisions and standards regulating energy efficiency in the design, construc- tion renovation, erection, enlargement, alteration, repair ORDINANCE /,;l.3 conversion, occupancy, equipment and maintenance of certain nonresidential and residential buildings and structures for the purpose of protecting the public health, safety and general welfare. Section 2. Amendments. (1.) The Colorado Model Energy Efficiency Construction and Renovation Standards for Nonresidential Buildings is hereby amended as follows: (a) (b) (c) Section 101.1 is deleted in its entirety. Section 107.0 is deleted in its entirety. The following new Section 108.0 is added, to read: "108.0. Administrative and Appeal Procedures. Administrative and appeal procedures set forth in Sections 201 and 202, and 204, and Chapter 3 of the Uniform Building Code, 1976 Edition shall be applicable and followed in the administration of this Code." (d) Section 302.1 is amended by the inclusion of the following temperatures: "Winter Design Dry-Bulb -2 0 . F Summer Design Dry-Bulb 91 OF Summer Design Wet-Bulb 64 OF Degree Days Heating 6459 Degrees North Latitude 40°10' O" (e) Section 502.2(a), Table 5-1, ·is amended by the addition of the following specific values: Wall, 3 stories or less, Heating, U0 not exceeding .267 Walls, 3 stories or less, Cooling, OTTV not exceeding 33.65 Walls, over 3 stories, Heating, U 0 not exceeding .320 Walls, over 3 stories, Cooling, OTTV not exceeding 33.65 Roof/Ceiling, Heating or Cooling, U0 not exceeding .072 Floors over unheated spaces, Heating U 0 Not exceeding .08 Slab on Grade, Heating, minimum R value Solar Factor, Cooling 127 (f) Section 701.0 is amended by the addition of the following: ORDINANCE (f) Cont. "SMACNA refers to Sheet Metal and Air Conditioning Contractors National Association. NESCA refers to National Enviormental System Contractors Association NWMA refers to National Woodwork Manufacturers Association, Inc. (2) The Colorado Recommended Energy Conservation "Performance" Code for New Construction and Relll'Ovation of Residential Buildings is hereby amended as follows: (a) Appendix B, Section 101.1 is deleted, and is replaced by the following new Section 101.1 to read: "101.1 Application. The provisions of Sections 1 through 7 of the Colorado Model Energy Efficiency Construction and Renovation Standards for Non- residential Buildings, as amended, shall apply to residential buildings except where residential buildings are exempted from such provisions and except where the provisions of this Code differ from the provisions of the Colorado Model Energy Efficiency Construction and Renovation Standards for Nonresidential Buildings". (b) Section 2 (ffa2) (b). Section 502. 2 (c), Table 5-2, is amended by the addition of the following site specific values: "Walls, Heating or Cooling, Type A-1 and A-2Building, U 0 not exceeding .20 Roof/Ceiling, Heating or Cooling, Type A-1 and A-2 Buildings, U not exceeding .OS 0 Floors over Unheated Sapces, Heating or Cooling, Type A-1 and A-2 Buildings, U0 not exceeding .18 Slab on Grade, Heating, Type A-1 and A-2, minimtnn R value HTD 7. 4 UNHTD 5. 2" . Section 3. Code Copies. At least three copies of the Colorado Model Energy E ffici·ency Construction ·and Renovation 'Standards for Nonresidential Buildings, the Colorado Reco)lll!\ended Energy Conservation "P·erformance" Code for New ·construction and Renovation of Resident·ia1 Buildings,· and pf each secondary code adopted therein, all certified by the Mayor and the Town Clerk to be true copies, have been and will continue to be on file in the office of the Town Clerk, and may be inspected by any interested person during normal business hours, Monday through Friday, holidays excepted, except that one copy of each code may be kept in the .o.f;fice of the chief enforcement officer instead pf the office _of the Clerk. The Colorado Model· Energy E ffic·iehcy Construction and Renovation Standards for Non·res·idential Buildings and : ORDINANCE the Colorado RecoJlllllended Energy Conservation "Performance" Code for New Construction and Renovation of Residential Buildings will be available for purchase by the public at a moderate price. Section 4. Penalties. It shall be unlawful for any person, firm, or corporation to erect, construct, renovate, enlarge, alter, repair, improve, convert, equip, use, occupy, or maintain any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the Colorado Model Energy Efficiency Construction and Renovation Standards for Nonresidential Buildings, of the Colorado RecoJlllllended Energy Conservation "Performance" Code for New Construction and Renovation of Residential Buildings, or of this ordinance shall be punishable by a fine not exceeding three hundred dollars ($300) _or imprisonment not exceeding ninety (90) days or by both such fine and imprisonment. Each and every day or portion thereof during which any such violation is coJlllllitted, continued, or permitted, shall be considered a separate offense. Section 5. Severability Clause. If any part, section, sub- section, sentence, clause, or phrase of this ordinance, or of the Colorado Model Energy Efficiency Construction and Renovation Standards for Nonresidential Buildings, or of the Colorado RecoJlllllended Energy Conservation "Performance" Code for New Construction and Renovation of Residential Buildings, adopted hereby is for any reason held to be .invalid, such invalidity shall not affect the validity of the remaining sections of the ordinance or of said standards; the Board of Trustees hereby declares that it would have passed the ordinance and adopted such standards in each part, section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. Repeal. Any or all ordinances or parts of ordinances of the Town of Firestone, in conflict or incon- sistent herewith, are hereby repealed; provided, however, that such repeal shall not affect any offense coJlllllitted or act done, any penalty or forfeiture incurred or any contract, right or obligation established prior to the time of such repeal. • ORDINANCE Section 7. In the opinion of the of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this ordinance is necessary for the immediate protection and preser.vation of the public health, safety, convenience, and general welfare, and is enacted for that purpose and shall be in full force and effect FIVE (5) days after the passage and final publication. Approved, adopted, and ordered published by the Board of Trustees of the Town of Firestone, on this ,f- day of o/ ,.;,,,f , 1979. Mayor ATTEST: I ., y e,..,, v,,, <.-L. _.,..(,.,.~ • :, "t,, t... ~ n-i. ti c!,,_ S--L .·......,/._ • .i: l ' l r ., • f r ' ~I II. ' ' : It ·-' ff !• l ~. .. I It 1, , 1 11 ' I •• r.7- ~; r-!~ ·, ,f • '.l ~- I !' . a: . 1, t ii f; : t: r r i ' t· 'i -~ i r ,, . . I" ,. .. ~· n ORDINANCE · NO. ; ,J ,/ AN ORDINANCE OF TIE TOWN OF FIRE STONE , WELD COUNTY, COLORADO, PERTAINING TO CUREW FOR MINORS AND PARENTAL RESPONSIBILITY. BE IT ORDAINED BY THE BOARD OF TRUS'IEES OF THE TOWN OF FIRESTONE: Section 1. Section 9-6 and Section 9-7 of the Code of the Town of Firestone are hereby repealed and re-enacted as follows: 9-6. Curfew for Minors: It shall be unlawful for any person under ~he age of Eighteen (18) years of age to be or remain in or ~pon any street, alley, park, playground, school yard or any other public area subsequent to the hour of 9: 00 o'clock p.m. or prior to 5:00 o'clock a.m. of the following_ day, from September 1, through May 31, and subsequent to the hour of 10:00 o'clock p.m. or prior to 5:00 ~•'clock a.m . of the following day from June 1, through August 31, provided, however, the provisions of, this Section shall not be applicable to a minor who is: a) Engagec in lawful employment,_or b) Accompanied by a parent, guardian or other person of the age of at least Twenty-One (21) years, such other person having permission of the parent or guardian to have care and custody of such minor, or, c) Ui;on an emergency errand or legitimate business directed by tHe parent, guardian or other adult person having the care and custody of the minor. 9-7. Parental Responsibility.· It ,!Jhall be unlaw·ful for the parent, guardian or other adult person having the care and custody of a minor under the age of Eighteen (18) years to knowingly permit such minor to be or remain in or upon any street, alley, park, play5round, school yard, or any other public area , I subsequent to the hour of 9:00 o'clock p.m. fror September l, through May 31, and the hour of 10:00 p'clock p.m. from June 1 through August 31, or prior to the hour of 5:00 o'clock a.m. of the following day; provided, however, the provisions of ~his Section shall not apply to those instances excepted in Section 9-6 . Section 2. Valicity. If any part or parts of this Ordinance are for any reasc•n held to be invalid, such decision shall not effect the validity of the remaining portions of this Ordinance. The Board of Trustees hereby declare that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any one part or parts are declared invalid. ·r ~ ·• .\ ~·: I .! 't ,, '.,: 'l ' : . ' 1 i t r f l 1' ,,1 ' . '. f J L ;l. ·, ' r;; ' ? ,. ,. t • _,,, ' ,, i' I I ;: 11 \ ~ J '' .,. J I f ~ 11· f t ~- •· ' ;., -.. 0 (2) ORDINANCE Section 3. Repeal. Existing Ordinance or_parts of Ordinances covering the same matters as embraced in this Ordinance are here- by repealed and all Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance are hereby repealed, except that this repeal shall not effect or prevent the prosecution or pllllishment of any person for any acts done or permitted in violation of any Ordinance hereby repealed prior to the taking effect of this Ordinance. · Section 4. Effective Date. In the opinion of the Board of Trustees of-the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preserva- tion of the public health, safety, convenience, and general welfare. Passed by this 7 ATTEST: the Board of Trustees of the Town of Firestone day of ):r?~ 1979. Mayor .. ,,,,.... . - l ORDINANCE NO. 1.J 3/ AN ORDINANCE OF THE TOWN OF FIRE STONE , WELD COUNTY, COLORADO, PERTAINING TO CURFEW FOR MINORS AND PARENTAL RESPONSIBILITY. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE: Section 1. Section 9-6 and Section 9-7 of the Code of the Town of Firestone are hereby repealed and re-enacted as follows: 9-6. Curfew for Minors: It shall be unlawful for any person under the age of Eighteen (18) years of age to be or remain in or upon any street, alley, park, playground, school yard or any other public area subsequent to the hour of 9:00 o'clock p.m. or prior to 5:00 o'clock a.m. of the following day, from September 1, through May 31, and subsequent to the hour of 10:00 o'clock p.m. or prior to 5:00 ~'clock a.m. of the following day from June 1, through August 31, provided, however, the provisions of this Section shall not be applicable to a minor who is: a) Engaged in lawful employment, or b) Accompanied by a parent, guardian or other person of the age of at least Twenty-One (21) years, such other person having permission of the parent or guardian to have care and custody of such minor, or, c) Upon an emergency errand or legitimate business directed by the parent, guardian or other adult person having the care and custody of the minor. 9-7. Parental Responsibility. It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of Eighteen (18) years to knowingly permit such minor to be or remain in or upon any street, alley, park, playground, school yard, or any other pitiblic area subsequent to the hour of 9:00 o'clock p.m. from September 1, through May 31, and the hour of 10:00 p'clock p.m. from June 1 through August 31, or prior to the hour of 5:00 o'clock a.m. of the following day; provided, however, the provisions of this Section shall not apply to those instances excepted in Section 9-6. Section 2. Validity. If any part or parts of this Ordinance are for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this Ordinance. The Board of Trustees hereby declare that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any one part or parts are declared invalid. (2) ORDINANCE Section 3. Repeal. Existing Ordinance or parts of Ordinances covering the same matters as embraced in this Ordinance are here- by repealed and all Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance are hereby repealed, except that this repeal shall not effect or prevent the prosecution or punishment of any person for any acts done or permitted in violation of any Ordinance hereby repealed prior to the taking effect of this Ordinance. Section 4. Effective Date. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preserva- tion of the public health, safety, convenience, and general welfare. Passed by the Board of Trustees of the Town of Firestone this 7 day of Yr?~ Mayor ATTEST: . -~:~ .. ·.;i;:f~i .· ~:.!~_[ ,• , ... 'I ' •, . '. t ' . ORDINANCE NO. AN ORDINANCE OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO, PERTAINING TO FAILURE OF A DEFENDANT TO APPEAR IN MUNICIPAL COURT AND FAILURE OF DEFENDANT TO PAY A FINE LEVIED BY THE MUNICIPAL COURT. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE- STONE: Section 1. Firestone Sections: Part IV of Chapter 9 of the Code of the Town of is hereby amended by the addition of the following 9-46. Failure to Appear in Municipal Court. If a person upon whom a summons has been served pursuant to the Colorado Municipal Court Rules, fails to appear in person or by counsel at the place and time specified in said summons, the non-appearing person shall be guilty of a violation of the Code of the Town of Firestone . 9-47. Failure to Pay Municipal Court Fine. Any person, upon whom a fine or penalty shall have been imposed by the Municipal Court of the Town of Firestone, that fails to pay such fine or penalty within the time limits fixed by said Court shall be guilty of a violation of the Code of the Town of Firestone. Section 2. Validity. If any part or parts of this Ordinance ·. are for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this Ordinance. The Board of Trustees hereby declare that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any one part or parts are declared invalid. Section 3. Repeal. Existing Ordinance or parts of Ordinances covering the same matters as embraced in this Ordinance are here- by repealed and all Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance are hereby repealed, except that this repeal shall not effect or prevent the prosecution or punishment of any person for any acts done or permitted in viola- tion of any Ordinance hereby repealed prior to the taking effect of this Ordinance. Section 4. Effective Date. In the opinion of the Board of Trustees of the Town of Firestone, Weld County, Colorado, this Ordinance is necessary for the immediate protection and preserva- tion of the public health, safety, convenience, and general wel- fare . Passed by the.Board of Trustees of the Town of Firestone this 7 day of ___ _;2::;i!:::,L..=!:;=:::::::::::.:::: ___ _,(._ ___ , 1979. ATTEST: . , , ., I ORDINA.t~CE NO. AN ORDINANCE OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO, PERTAINING TO FAILURE OF A DEFENDANT TO APPEAR IN MUNICIPAL COURT .AND FAILURE OF DEFENDANT TO PAY A FINE LEVIED BY THE MUNIC:;PAL COURT. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE- . STONE: Sectio:1 1. Part IV of Chapter 9 of the Code of the Tm•m of l."1.restone is hereby amended by the.addition of the following Sect.:.o:is: 9-46. Failure to Appear in Municipal Court. If a person ~pon whom a summons has been served pursuant to the Colorado Municipal Court Rules, fails to appear in person or by counsel at the place and time specified in said summons, the non-appearing person shall be guilty of a violation of the Code of the Town of Firestone. 9-47. Failure to Pay Municipal Court Fine. Any person, upcn whom a fine or fenalty shall have been imposed by the Municipal Court of the Tmm of Firestone, that fails to pay . ' such fine or penalty within the time limits fixed by said Court sh.all be guilty of a violation of the Code of the Town of Firestone. ' Section 2. Validity. If any part or parts of this Ordinance ·-are fo= any reason held to be invalid, such decision shall not effect the validity cf the remaining portions of this Ordinance. The Board of Trustees hereby declare that it would have passed this O=dinance and each part or parts thereof, irrespective of the fact that any one part or parts are declared invalid. ' , Section 3. Repeal. Existing Ordinance or parts of Ordinances covering the same matters as embraced in this Ordinance are here- by repealed and all Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance are hereby repealed, except that this repeal shall not effect or prevent the prosecution or punist.ment of any person· for any acts done or permitted in viola- ticn o:: any Ordinance hereby repealed prior to the taking effect of t:t.is Ordinance. Section 4. Effective Date. In the opinion of the Board of 'Irustees of the Town of Firestone, Weld,. County, Colorado, this Ordi~ance is necessary for the immediate protection and preserva- tion 0£ the public health, safety, convenience, and general wel- fare. Passed by the.Board of Trustees of the Town of Firestone ----J.=-<...=::==..:-=,.,----,,F---,---, 19 7 9 • this 7 day of ,. ATTEST: Town CJ:lerk '--- :::r<~ -----------------------