1979-1983(
Ordinances
1979 -1983
126 -191
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ORDINANCE NO. /.2{,
AN ORDINANCE OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO, PER-
TAINING TO DESTRUCTION OF VICIOUS DOGS, DEFINING DOGS RUNNING IN
PACKS AND DESTRUCTION OF DOGS RUNNING IN PACKS.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO:
Section 1. Part VIII of Chapter 8 of the Code of the Town
of Firestone is hereby amended by the addition of the following
Sections:
8-75. Destruction of Vicious Dogs. In the event a vicious ,__ ____ ____,............._
dog cannot be taken up and caught by the ~ogcatcher )or law enforce-. . . ..., -.... ~~~------ment officer of the Town of Firestone without such do_gcatcher'~" or
law enforcement officer exposing himself to danger of personal in-
jury from such dog, it shall be lawful for the(dogc<i:tcber) or law
enforcement officer to forthwith destroy such dog-without notice to
the owner, keeper, or possessor thereof.
8-76. Dogs Running in Packs. Dogs running in packs shall
be defined as any group, gathering, or collection of three (3) or
more dogs found together or in close proximity to one another, not
inside a fenced yard or restrained by a chain or leash pursuant to
the provisions of this Code.
8-77. Destruction of Dogs Running in Packs. In the event
that dogs running in packs cannot be taken up and caught by the dog-
catcher or a law enforcement officer of the Town of Firestone with-
out such1 _,;i:6g:;;aEc_hei-.; or law enforcement officer exposing himself to
the danger of personal injury from such dog or dogs, or, if it is
impossible to take up or catch the dogs running in packs by net,
rope, snare, trap, or other devise commonly use to catch dogs, it
shall be lawful for the do·gcat:cher)"or law enforcement officer to . ~----··""--=-•---forthwith destroy such dog-or dogs, without.notice to the owner, . , --::..,....-.__.,-----. ----keeper, or possessor thereof if the f _dogc_iitche_r; or law enforcement
officer has determined that there is reasonable cause to believe
that the dogs running in packs are endangering the health or safety
of any person or animal within the corporate limits 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 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 3. Repeal.
Existing Ordinances or parts of Ordinances covering the same
matters as embraced in this Ordinance are hereby repealed where
inconsistent with the provisions of this Ordinance, except that
this repeal shall not effect or prevent the prosecution or punish-
ment 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 im-
mediate protection and preservation of the public health, safety,
convenience, and general welfare of the citizens of the Town of
Firestone.
Passed and ordered p_uplished b
Town of Firestone this _2_ day o
ATTEST:
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Trustees of the
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ORDINANCE NO. _!_; _:;, (. __ _
AN ORDINANCE OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO, PER-
TAINING TO DES_TRUCTION OF VICIOUS DOGS, DEFINING DOGS RUNNING IN
PACKS AND DESTRUCTION OF DOGS RUNNING IN PACKS.
BE IT ORDAINED BY THE BOARD. OF TRUSTEES OF 'I'IIE TOW:'J OF FIRESTONE,
WELD COUNTY, COLORADO: -
Section 1. Part VIII of Chapter 8 of the
of Firestone is hereby amended by the addition of
Sections:
.,
Code of the Town
the fo'lJ_owing
8-75. Destruction of Vicious Dogs. -In the event a vicious
dog cannot be-taken up and caught by the dogcatcher or law enforce-
ment officer of the Town of Firestone without such dogcatcher or
law enforcement officer exposing himself to danger of personal in-
jury from such dog, it· shall be lawful for the dogcatcher or law
enforcement officer to forthwith destroy such dog without notice to
the owner, keeper, or possessor thereof.
8-76. Dogs Running in Packs. Dogs running in packs shall
be defined as any group, gathering, or collection of three (3) or
more dogs found together or in close proximity to one another, not
inside a fenced yard or restrained by a chain or le2sh pursuant to
the provisions of this Code.
8-77. -Destruction of Dogs Running in Pa~]:,~_ In the event
that dogs running in packs cannot be taken up and caught by the dog-
catcher or a law enforcement officer of the Town of Firestone -with-
. out such; ·dogcatcher or law enforcement officer exposing himself to
the danger of. personal injury from such dog or dogs, or, if it is
impossible. to take up or catch the dogs running in packs by net,
rope, snare,-trap, or other devise commonly use to catch dogs, it
shall be lawful for the dogcatcher or law enforcement o::ficer to
forthwith destroy such dog or dogs, without notice to the owner,
keeper, or possessor thereof if the dogcatcher or law enforcement
officer has determined ~hat there is reasonable cause to believe
that the dogs running in packs are endangering the health or safety
of any person or animal within the corporate limits of the Town of
Firestone.
Section 2. Validity.
If any part or parts of this Ordinance are for any reaso~ held to
be invalid, such decision shall not effect the validity of the
remaining. portioris 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 3.
Existing Ordinances or parts of Ordinances covering the same
matters as embraced in this On1inance are hereby repealed where
inconsistent with the provisions of this Ordinance, except that
this repeal shall not effect or prevent the prosecution or punish-
ment 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 im-
mediate nrotection and preservation of the public health, safety,
convenie~ce, and general welfare of the citi~ens of the Town of
Firestone.
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Town
Pass~d and orde 7ed ptl'ished nth~ Boa~~ of Trustees of the·
of Firestone this ,, day o Apri 1, }' 9 f . . . /)jA )!J,/
Mayor
ATTEST:
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Town le
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ORDINANCE · /2J --'------
AN ORDINANCE RELATIVE TO THE REZONING OF A PORTION OF THE
TOWN OF FIRE STONE , AME ND ING .AND CHANGING BOUNDARIES OF ·
DISTRICTS, SPECIFICALLY THE ZONING OF LOTS 18, 19, and 20,
BLOCK 15, TOWN OF. FIRE STONE .
WHEREAS, an application for rezoning of Lots 18, 19, and 20,
Block 15, has been submitted to the Town of Firestone,
seeking a change in the zoning from C-1 to CM.
WHEREAS, the Planning and Zoning Commission has favorably
recommended said change after public hearing on the
appiication; and
WHEREAS, the Board of .Trustees have held a public hearing
on said rezoning application and have found that; ther
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 FIRE STONE , WELD COUNTY, COLORADO :
Section 1, That Lots 18, 19, and 20, Block 15,
Town of Firestone are hereby rezoned from the existing
C-1 zone to CM zone.
Approved, adopted, and ordered published by the Board of
Tnustees of the Town of Firestone at a regular meeting
on the ,Y day of--'-'====--~---' 1979.
Mayor
ATTEST:
·»~0-u,J!_
Town Clerk
.
ORDINANCE NO.
AN ORDINANCE OF THE TOWN OF FIRESTONE, COLORADO, ADOPTING BY REFER-
ENCE THE WELD COUNTY BUILDING CODE, ISSUED DECEMBER 29, 1976, AND
WHICH CODE ADOPTS BY REFERENCE THEREIN AS SECONDARY CODES, THE
UNIFORM BUILDING CODE, 1976 EDITION, PROMULGATED BY THE INTER-
NATIONAL CONFERENCE OF BUILDING OFFICIALS; AND THE UNIFORM MECHAN-
ICAL CODE, 1976 EDITION, PROMULGATED BY THE INTERNATIONAL ASSOCIA-
TION OF PLUMBING AND MECHANICAL OFFICIALS AND THE INTERNATIONAL
CONFERENCE OF BUILDING OFFICIALS; AND THE NATIONAL ELECTRICAL CODE,
1975 EDITION, PROMULGATED BY THE NATIONAL FIRE PROTECTION ASSOCIA-
TION; A.~D THE UNIFORM PLUMBING CODE, 1976 EDITION, PROMULGATED BY
THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS;
AND THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS,
1976 EDITION, PROMULGATED BY THE INTERNATIONAL CONFERENCE OF BUILD-
ING OFFICIALS; AND THE UNIFORM SWIMMING POOL CODE, 1976 EDITION,
PROMULGATED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHAN-
ICAL OFFICIALS; PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS
OF THESE CODES AND THIS ORDINANCE; SETTING FORTH AMENDMENTS TO THE
PUBLISHED CODES, IF ANY; PROVIDING FOR THE REPEAL OF CERTAIN ORDIN-
ANCES; PROVIDING FOR THE MAINTENANCE OF OFFICIAL COPIES OF SUCH
CODES; PROVIDING FOR THE SALE OF COPIES OF SUCH CODES; PROVIDING
FOR REVISIONS TO THE ORDINANCES OF THE TOWN OF FIRESTONE; AND PRO-
VIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE AND THE CODES ADOPTED
BY REFERENCE HEREIN.
WHEREAS, the Board of Trustees of the Town of Firestone, Colo-
rado, has determined that it is necessary and expedient that the
' above referenced Codes be adopted for the immediate 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 FIRE-
STONE, COLORJ\DO:
Section 1. Code Adopted. The Weld County Building Code, as
promulgated by the Weld County Commissioners, Weld County, Colorado,
December 29, 1976, and as amended through May 31, 1979, is hereby
adopted and enacted by reference. The purpose of said Code is to
preserve and protect the public health, safety, and general welfare
and the safety, protection and sanitation of dwellings, buildings,
and structures in the Town of Firestone.
Section 2. Secondary Codes. The following secondary codes as
adopted by reference in The Weld County Building Code are hereby
adopted and enacted by reference:
(a.) The Uniform 13uilding Code,, 1976 edition, 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 safety of the residents of the Town of
Firestone by prescribing minimum standards for buildings and other
structures. The subject matter of this Code includes regulations
concerning the erection, enlargement, construction, alteration,
repair, moving, removal, conversion, demolition, occupancy, height,
use, area, maintenance and other matters relating to structures and
buildings within the Town of Firestone.
(b.) The Uniform Mechanical Code, 1976 edition, promulgated
by the International Association of Plumbing and Mechanical Of-
ficials and the International Conference of Building Officials, 5360
South Workman Mill Road, Whittier, California 90601. The purpose
of said Code is to provide complete requirement for the installation
and maintenance of heating, ventilating, cooling, and refrigera-
tion systems for the protection of the safety, health, and sanita-
tion of the residents of the Town of Firestone.
(c.) The National Electrical Code, 1975 edition, promulgated
by the National Fire Protection Association, 470 Atlantic Avenue,
Boston, Massachusetts 02210. The purpose of said Code is to
protect and safeguard the health and safety of the residents of
the Town of Firestone from the hazards arising from the use of
electricity and provides for establishing standards for the in-
spection of electrical installation in public and private struc-
tures, including mobile homes, and other premises such as yards,
lots and industrial substations.
(d.) The Uniform Plumbing Code, 1976 edition, as promulgated
by the International Association of Plumbing and Mechanical Of-
ficials, 5032 Alhambra Avenue, Los Angeles, California 90032. The
purpose of said Code is to protect the health and sanitation of
the residents of the Town of Firestone by providing minimum standards
for the erection, installation, alteration, addition, repair, reloca-
tion, replacement, maintenance or use of any plumbing system.
(e.) The Uniform Code for the Abatement of Dangerous Buildings,
1976 edition, as promulgated by the International Conference of
Building Officials, 5360 South Workman Mill Road, Whittier, Cali-
fornia 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.
(f.) Uniform Swimming Pool Code, 1976 edition, as promulgated
by the International Association of Plumbing and Mechanical Of-
ficials, 5032 Alhambra Avenue, Los Angeles, California 90032. The
purpose of said Code is to protect the health and sanitation of
the residents of the Town of Firestone by providing minimum stan-.
dards for the installation, construction, repair, and maintenance
of swimming pools.
Section 3. Amendments. The Weld County Building Code, and
the secondary codes adopted therein by reference as described
and adopted in Section 2 of this Ordinance are hereby amended as
follows:
(a.) The Weld County Building Code is amended by substituting
the words "The Town of Firestone" in lieu of the words "Weld County"
or "County of Weld" wherever said words may appear in The Weld
County Building Code.
(b.) Section I. C. of The Weld County Building Code is amended
by deleting the following:
Section 30-28-201, et. seq., C.R.S. 1973
and by adding in lieu of the deleted clause the following:
Section 31-16-201, et. seq., c.R.s. 1973,
as amended by the 1975 Cumulative Supple-
ment to C.R.S. 1973.
(c.) The Weld County Building Code is amended by substitut-
ing the words "Board of Trustees of the Town of Firestone" in lieu
of the words "Board of County Commissioners" wherever said words
may appear in The Weld County Building Code.
(d.) Section I. c. of The Weld County Building Code is amended
by deleting the following:
Section 30-28-201, C.R.S. 1973
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C
and by adding in lieu thereof:
Section 31-16-201, et. seq., C.R.S. 1973,
as amended by the 1975 Cumulative Supple-
ment to C.R.S. 1973.
(e.) Section I.E. of The Weld County Building Code is
amended by the deletion thereof from said Code.
(f.) Section II B. (1) of The Weld County Building Code is
amended by the deletion thereof from said Code, it being the :
intent that Insulation requirements be controlled by the pro-
visions of Ordinance No. ___ as adopted by the Town of Fire-
stone on
(g.) Wherever the terms · "Department of Planning Services,"
"Zoning Division, Depar1:!ment of Planning Services," "Division
of Building Inspection, Department of Planning Services," or
"Director of Building Inspection" shall be used in The Weld County
Building Code, said terms shall be construed to mean the Board of
Trustees of the Town of Firestone or its authorized representative.
(h.) Section III. S. of The Weld County Building Code is
amended by deleting said provision and in lieu thereof adopting
a new Section III. s. as follows:
S. Board of Appeals.
In order to determine the suitability of al-
ternate materials and methods of construction
and to provide for reasonable interpretation
of the provisions of the Building Code, there
is hereby created an appeal procedure whereby
the Board of Trustees of the Town of Firestone
shall make all final decisions concerning the
suitability of alternate methods of construc-
tion, of alternate materials and make final
interpretations as to the Building Code.
(i.) Section IV. A. 1. is amended by deleting said subsection
and in lieu thereof adopting a new Section IV. A. 1. as follows:
A. Violation.
1. Any person, firm or corporation violating
this ~uilding Code or any provision of appli-
cable state law, is guilty of a violation of
this Ordinance and, upon conviction thereof,
shall be p_unished 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 imprison-
ment. Each day during which such illegal
erection, construction, reconstruction, al-
teration, 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 provision of
applicable state law, the Town Attorney of the
Town of Firestone, Weld County, Colorado, or any
owner of real estate within the area, in addition
to other remedies provided by law, may institute
an appropriate action for injunction, mandamus
or abatement to prevent, enjoin, abate or remove
such unlawful erection, construction, reconstruc-
tion, alteration, remodeling or use.
Section 4. Validity. Should any section, clause, sentence,
or part of this Ordinance be adjudged by any Court of competent
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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 5. Conflicts. Any part of any Ordinance which
is in conflict herewith is hereby repealed.
Section 6. Effective Date. This Ordinance shall be in
full force and effect from and after the date of final passage,
approval, and publication.
Passed and adopted, signe approved and ordered pub-
lished this 1/ day of --,,(~~~f--------' 1979.
MAYOR:
ATTEST:
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ORDINANCE NO.~
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 FIRESTONE,
WELD COUNTY, COLORADO;
Section 1. Section 11, Chapter 13(a) 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 investment,
water resource and connection charge, payable upon application
for a water tap in the Town of Firestone, as follows:
Meter Si'ze Fee
5/8'' $1,200.00
3/4" $1,600.00
l" $2,900.00
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 of
Trustees.
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 coriflict 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 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
health, safety, convenience, and general welfare, and it is
enacted for that purpose and shall be in full force and effect
after passage and final publication.
Approved, adopted, and ordered published
T~/ stees of the Town of Firestone on the // r, , 1979. A~:
by the Board of
day of
, Mayor
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. ORDINANCE NO. · /;Jc)
AN ORDINANCE OF. THE TOWN OF FIRESTONE, WELD COUNTY COLORADO,
AMENDING THE MODEL TRAFFIC CODE BY PERMITTING THE ISSUANCE
OF PERMITS FOR THE OPERATION AND STORAGE OF EXCESS SIZE AND
WEIGHT VEHICLES WITHIN THE TOWN OF FIRiSTONE.
. I
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO:
Section 1. Adoptiolil. Pursuant tq Title 42, Article 4,
part 409, C.R.S. 1973, as amended; there are her~by adopted
amendments·to Chapter 12, Part 1 of the Code of the Town of
Firestone to promulgate certain regulations governing the
issuance of "permits for excess size and weight" in accordance
with Article XVIII, Section 18-11 of the Model Traffic Code
adopted by Chapter 12, Part ·.1 of the Code of the:i:own~of7 Eire-
stone. Said permits shall be issued at the sole discretion
of.the Street Authority and nothing hereinafter is intended to
confer a propriatory right of use upon any individual.or a right
of use detrimental to other persons or property in the Town of
Firestone.
Section 2. Permits for Excess Size and Weight.
(a) Prior to the operation of a vehicle with a gross weight
in excess of 10,000 pounds upon those streets specified by Section
12..:4.2 of.the.Code of.the ([lown of Firestone or the storage of
said vehicles upon private residential property within the cor-
porate limits of the Town of Firestone, the owner-operator of
said vehicle shall obtain a permit for excess size and weight.
from the Street Authority. Issuance of said permits for excess
size and weight shall be at the sole discretion of the Street·
Authority •.
(b) The permit shall be carried in the vehicle to which it
refers and shall be operr to inspection by any police officer or
authorized agent of the Town. In addition, a window sticker
issued with the permit shall be prominentely displayed and affixed
in the lower righthand portion of the vehicle's,windshield.
Section 3. Permit Issuance and Conditions. Applications
for permits under this ordinance shall be made in writing to the
Street Authority of the Town of Firestone. Said application
shall specifically describe the vehicle to be operatep and/or
stored(parked), whether such permit is for a single trip or for
continious operation and the time of such movem 7pt,_an? sh~w
good cause for the request. Sthe street authoricy in issuing
the permit shall set the followin~ conditions upon the permit.
(a) The shortEst route from an ent¢rence into Town and the
point of termination(storage).
(b) The place and condition of storage(parking). Storage
must take place in the rear yard of the residence of the app-
licant and mayu:rnot · be closer. than five ( 5) feet to any property
line.
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(cl No maintenanc.e shall be performed on the vehicle at
its place of storage within the Town of Firestone with the
exception of emergency repairs of a minor nature or unless
such,.repairs are permitted by the . Zoning . Code. The changing
Of oil, lubrication and similar maintenance is prohibited as
is .the storage of inore than five (5) gallons of-flammable liquid,
fuel, oil or grease on the premises.
(d) Permits issued for the storage of vehicles in excess
. of 10,000 pounds gross on private residential property shall be
for trucks, truck tractors and recreational vehicles only. The
storage of truck trailers and simi-trailers on private resident-
ial.property is prohibited with the exception of those vehicles
used for construction storage or offices on a construction site.
(e) Only one permit for excess .size ahd:weight shall be
granted per applicant or per residence.
(f) The term'of the permit shall be from January 1 through
December 31 of_each year.
Section 4. Revocation of Permit. Per.mi ts issued by the Street
Authority under.this ordinance may be revoked at the sole dis-
cretion of the Street Authority. Grounds for revocation of the
permit shall ,,include, but shall not be limited to, violation of
. the terms of the permit and nuisances or safety hazards caused
by the operation or storage of the vehicle. Revocation of the
permit may take place after a hearing before the Street Authority
at which time the permit holder may show cause why the permit
should not be revoked. Notification of the hearing and the
results of the hearing shall be made by those means deemed app-
ropriate by the Street Authority.
Section 5. Fees. A non-refundable fee of $100 shall be paid
into the Treasury of the Town of Firestone upon issuance of the
permit. This fee shall not be pro-rated when issued for a period
of less than less than one year.
Section 6. Severability. 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, irrespective
of the fact that any one part or parts be declared invalid.
Section 7. Repeal. Existing Ordinances or parts t Ordi-
ances 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 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 thie Ordinance.
Section 8. Effective Date. In the opinion of the Board
of Trustees of the Town of Firestone, Weld County, Colorado, this
Oridnance is necessary for the immediate protection and preser-
vation. of the public health, safety, convenience, and general
welfare of the citizens of the Town of Firestone.
PASSED BY THE BOARD OF TRUSTEES AFTER PUBLIC HEARING AND
SIGNED THIS ... ,,,.,,:-;;· · DAY OF , 1;)79.
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? 7µ • Mayor, Town of Firestone
Town Clerk
ORDINANCE t3t
AN ORDINANCE RELATIVE TO THE REZONING OF A PORTION OF T .
THE TOWN OF FIRESTONE, AMENDING AND CHANGING BOUNDARIES OF
DISTRICTS, SPECIFICALLY THE ZONING OF LOTS 23, 24, BLOCK 10,
TOWN OF FIRESTONE.
WHEREAS, an application for rezoning of Lots 23, .24,
Block 10, has been submitted to the Town of Firestone, seeking
a change in the zoning from C-1 to CM relative to lots
23, 24, Block 10; and
WI£ REAS, the Planning and Zoning Commission has favorably
recommended said change after public hearing on the application
and setting restrictions of: Cabinet making and Carpenter
shops, Commercial laundries, Furniture upholstering, Plumbing,
electrical, and carpenter shops, publishing plants, roofing
shops, sheet metal shops, or warehouses and enclosed
storage.
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 C M zoning applied .for.
NOW, THE RE FORE , BE I_T ORDAINED BY THE BOARD OF TRUSTEES
OF TIB TOWN OF FIRE STONE, WELD COUNTY, COLORADO: .
Section L That Lots 2 3, 24, Block 10, Town· of
Firestone are hereby rezoned from the existing C-1 to
CM zone with the above mentioned restrictions.
APPROVED, ADOPTED, AND ORDERED PUBLISHED by the Board of
Trustees of the Town of Firestone at a meeting.on he
_J_ day of_)t0-<.4~, 1979.
Mayor
ATTEST: Q•'· -·
~ 1/ ~0.·~
· · Town · Clerk
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. · ORDINANCE;
f';
. Afl ORDINANCE RELATIVE TO THE REZONING OF A PORTION OF 1.'
. . ;'
THE TOWN OF FIRESTONE 1, AMENDING ANQ CHANGING BOUNDARIES OF
'
DlSTRICTS, SPECIFICALLY THE ZONING OF LOTS 23, 24, BLOCK 10,
TOWN OF FIRESTONE .. '
WHEREAS, an application for rezonipg of Lots 23, 24,
·Blqck 10, has been submitted to thr Town of Firestone, seeking
a ~hange in ~he zoning from C-1 to CM relative to lot~
' ._·23 1 24, Block 10; and
Wffl REAS, · the Planning and Zoning Cqmmission has favoraqly
re~onnnended said change after publ:Lc hearing on the application
anq_ setting restrictions of: Cabinet making and Carpenter
shpps, Commercial laundries, Furniture upholstering, Plumbing,
el~'ctrical, and carpenter shops, publishing plants, roofing
', shops, sheet metal shops, or warehouses and enclosed
' .,
storage. '
WHEREAS, THE Board of Trustees have held a public hearing
orf said rezoning application and have found that; there
has. been a change of .circumstances in the area showing a
,,
need f;or the . C M zoning applied for.
' '
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSl'EES
OF TIE TOWN OF FIRE STONE, WELD COUNTY, COLORADO:
Section· 1. That Lots 23, 24, Block 10, Town of
Firestone are hereby rezoned from the existing C-1 to ·
·;• ' .,. '"'" {I' { ",•., . llf'1ll •,~ 'r',' • ~~ ' • \ I f (~,;, 1° ; •/' ,1\ , .' , !
C M zone with the above J11ent1.oned restr1.'ctiops.
APPROVED, ADOPl'ED, AND ORDERED PUBLISHED by the Board of
Trustees of the Town.o~ Firestone at a meeting + djly of)f~• 1979.
,, ' -
on fhe
)
/
Mayor
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"
AN ORDINANCE RELATIVE TO THE REZONING OF A PORTION OF 1'.
·.· TijE TOWN OF FIRESTONE, AMENDING AND CHANGING BOUNDARIES OF
DISTRICTS, SPECIFICALLY THE ZONING OF LOTS 23, 24, BLOCK 10,
TOWN OF FIRESTONE.
WHEJREAS, an ~pplicatioT) for rezonipg of Lots 23, 24,
. Bl9ck 10, ha~ been sub~itted to thr Town of firestone, seeking
a qhange in ~he zoning from C-1 to CM relatfve to lot~
23, 24, Block 10; and
WlE /IBAS, the r lanning and Zoning Cqmmission has favorably
recpmmended said change after public hearing on the application
and setting restrictions of: CabiI)et making and Carpenter
shops, Commercial laundries, Furniture upholstering, Plumbing,
eleptrical, and carpenter shops, p~blishing plants, roofing
shops; sheet metal shops, or warehquses and enclosed
storage.
WHEREAS, THE Board of Trustees have held a public hearing
on said rezoning application and have found that; there
has been a change of ~ircumstances in the area showing a
need for the CM zoning applied for.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF TIE TOWN OF FIRESTONE, WELD COUNTY, COLORADO:
Section 1. That Lo.ts 23, 24, Block 10, Town of
Firestone are hereby rezoned from the existing C-1 to
CM zone with the above mentioned re~trictions.
APPROVED, ADOPTED, AND ORDERED PUBLISHED j,y the Board of
Trustees of the Town of Firestone at a meeting on fhe
~ day of)f'--'"<4J...,,,._,.., 1979.
Mayor
ATTEST: ,~
,_/r~::: l:J/4-«~
· Town Clerk
r
' ' '
'
ORD I NANCE NO, /3;;,.,
AN ORD I NANCE TO APPLY A.ND CONTRACT FOR BENEFICIAL USE
OF WATER ON BEHALF OF THE TOWN OF FIRESTONE, A MUNICIPAL
CORPORATION, AND PRESCRIBING THE TERMS FOR APPLICATION .
FOR AN ALLOTMENT :OF WATER TO SAi D TOWN OF Fl RESTONE BY
NORTHERN COLORADO WATER CONSERVANCY DISTRICT.
WHEREAS, under the Water Conservancy Act of Colorado, Title 37, Article 45,
Colorado Revised Statutes of 1973, it is necessary that the Town Council of the
Town of Firestone, a Colorado municipal corporation (hereinafter cal led "Applicant"),
in order to obtain an allotment contract for the beneficial use of water from Northern
Colorado Water Conservancy District, shall by ordinance, authorize and direct the
N~·er and ~UR Cleff to apply to the Board of Dir ctors qf said District for sue water a otment contract. ·
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF FIRESTONE,
COLORADO:
Section 1: That the Town of Fi res tone elects to apply for an al Jotment
contract providing for the beneficial use of one hundred three (103) acre-feet of
water from Northern Colorado Water Conservancy District.
Section 2: That the Mayor and Town Clerk
be and are hereby authorized and directed to apply to the Board of Directors of said
Northern Colorado Water Conservancy District for a contract al lotting to the Applicant
the beneficial use of water upon terms prescribed by said Board, in the manner and.
form as this section provided, to-wit:
APPLl CATI ON TO
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
FOR
WATER ALLOTMENT CONTRACT
Applicant, Town of Firestone, a Colorado municipal corporation, hereby appl les
to Northern Colorado Water Conservancy District, a political subdivision·of the
State of Colorado, organized and existing by virtue of.Title 37, Article 45, Colorado
Revised Statutes, 1973, for an allotment contract for beneficial use of water under
the following terms and conditions:
I, The quantity of water herein requested by Applicant for annual application
to beneficial use is one hundred three (103) acre-feet to be used so long as the
Applicant fully complies with all of the terms, conditions, and obligations herein-
after set forth.
' 2. It is understood and agreed by the Applicant that any water allotted by. the
Board of Directors of sa.id District. shal 1 be for domestic, irrigation, or industrial
use within or through facilities or upon lands.owned or served by said Applicant,
provided however, that all lands, facilities, and serviced areas which receive benefit
from the allotment (whether water service is provided by direct delivery, by exchange,
or otherwise) shall be situated within the boundaries of Northern Colorado Water
Conservancy District.
3, Applicant agrees that an acre-foot of water as referred to herein is
defined as being one-three-hundred-ten-thousandth (1/310,000) of the quantity
of water annually declared by the Board of Directors of the District to be
available for delivery from the water supplies of the District. Applicant
agrees that such water shall be delivered from the works of the District at
such existing District delivery point or points as may be specified by the
Applicant and that the water delivery obligation of the District shall ter-
minate upon release of water from said.works, Further, the Applicant agrees
that on November 1 of each year, any water undelivered from the annual quan-
tity made available to the Applicant shall revert to the water supplies of
the District.
4. Applicant agrees to pay annually for the amount of water herein
allotted by the Board of Directors of said District at a price per acre-
foot t~ be fixed annually by said Board; and, further, agrees that the
initial annual payment shall be made, in full, within fifteen (15) days
after the date of notice from the District that the initial payment is
due hereunder. Said notice will advise the Applicant, among other things,
of the water delivery year to which the initial payment shal 1 apply and
the price per acre-foot which is applicable to that year, Annual payments
for each year thereafter shall be made by the Applicant on or before each
October 1 at the rate per acre-foot established by the Board for municipal
water allotments in that year.
If an annual payment, as herein prov·ided, is not made by due date,
written notice thereof, by certified mail, will be given by said District
to the Applicant at the following address:
P. 0, Box 100, Firestone, Colorado 80520
If payment is not made within thirty (30) days after the date of said
written notice, Applicant shall have no further right, title, or interest
under this contract; and the allotment of water, as herein made, shall be
disposed of at the discretion of the Board of Directors of said District.
5. As security to the District, the Applicant agrees that the foregoing
covenant of annua 1 payments wi 11 be fu 11 y met by annual budget and app ropr i-
at ion of funds from such sources of revenues as may be legally available to
said Applicant.
6. Applicant agrees that the water allotment shall be beneficially used
for the purposes and in the manner specified herein, and that this agreement
is made for the exclusive benefit of the Applicant and shall not inure to the
benefit of any successors or assigns of said Applicant without prior specific
approval of the Board of Di rectors of said District.
7, ·Applicant agrees to be bound by the provisions of the Water Conservancy
Act of Colorado; by the Rules and Regulations of the Board of Directors of said
District; and by the repayment contract of July 5, 1938, between said District
and the United States and all amendments thereof and supplements thereto.
8, Applicant agrees, as a condition of this contract, to enter into an
"Operating Agreement" with said District if and when the Board of said Dis-
trict finds and determines that such an agreement is required by reason of
additional or special services requested by the Applicant and provided by the
District. Said agreement may contain, but not be limited to, provision for
water delivery at times or by means not provided within the terms of standard
allotment contracts of the District; additional annual monetary consideration
for extension of District delivery services and for additional administration,
operation and maintenance costs; or for other costs to the District which may
arise through provision of services to the Applicant,
Section 3: In the op1n1on of the Town Council of the Town of Firestone, the
acquisition of a water allotment contract from Northern Colorado Water Conservancy
District and the right to the beneficial use of wafer thereunder by said_ Town of
Firestone is necessary; that the continued acquisition and use of this water supply
is essential for the well-being of the community and for the preservation of the
public peace, health, and safety; and that the adequate protection of the health
of the inhabitants of the community requires an immediate increase in Applicant's
water supply, It is, therefore, declared that an emergency exists; that this
ordinance shall take effect as an emergency measure and that it shall be published
in the manner and shal I take effect as provided by the statutes of the State of.·
Colorado or charter of the Applicant,
Passed and adopted, signed, and approved this
A.Do, 19.1...:£....
By
ATTEST:
ORDER ON APPLICATION
/
_j---:::-' day of d.-__../-
Application having been made by or on behalf of all parties interested in
the water allotment and after a Hearing by the Board, it is hereby ORDERED that
the above application be granted and an allotment contract for one hundred three
(103) acre-feet of water is hereby made·to the Town of Firestone, a Colorado
municipal corporation, for the beneficial uses set forth in said application upon
the terms, conditions, and manner of payment as therein specified.
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
I hereby certify that the above Order was entered by the Directors of Northern
Colorado Water Conservancy District on the 16 day of Noyember
A, D,, 19...zL,
ATTEST:
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AN ORDINANCE TO APPLY AND CONTRACT FOR BENEFICIAL USE
OF WATER ON BEHALF OF THE TOWN OF f!RESTONE, A MUNICIPAL
CORPORATION, AND. PRESCRI_BING THE T~RMS FOR APPLICATION
FOR AN ALLOTMENT OF WATER TO SAID JOWN OF FIRESTONE BY
NORTHERN COLORADO WATER.CONSERVANCY-DISTRICT. ·
WHEREAS, under the_ Water corservancy Act of Colorado, Title '37, Article 45,
Colorado Revised Statutes of 1973, it is necessary, ,that the To,m Counci 1 of the
Town of Firestone, a Colorado muricipal corporati~n (hereinafter called "Applicant"),
in order to obtain ar allotment contract for the qeneficial use ·of water from Northern
Colorado Water Conservancy District, shall by ordjnance, authorize and direct the
Mayor · anp Town Clevk to app 1 y te> the
Board of Directors of. said District for such water allotment contract.
NOW,•THEREFORE, BE IT ORDAl~ED BY THE TOWN CQUNCIL OF THE TOWN OF FIRESTONE,
COLORADO:
. ·'
Section 1: That the Town of Firestone elects to apply for an allotment
contract ~roviding for the beneficial u'se of one ~undred three (103) acre-feet of
water from Northern Colorado Water Conservancy District.
Sect ion 2: That the, Mayor and __,T.,o<,wn,...,_.._,;c,,,1,,_e""r...,k __ -=--,-,--
be and are hereby authorized and directed to appl)( to the Board of Directors of said
Northern Golorado lvater Conservancy District for~ contract al lotting _to the Applicant
the beneficial use of water upon terms prescribed by said Board, inthe manner and
form as this section provided, to-wit:
APPLICATION TO
NORTHERN COLO!JADO WATER CONSERVANCY DISTRICT
FOR
WATER ALLOTMENT CONTRACT
Appl leant, Town of Firestone, a Colorado municipal corporation, hereby appl i~~
to Northern Colorado Water Conservancy District, a .. political subdivision of the '
State of Colorado, organized and existing by virtue of Title 37, Arti'cle 45, Colo~ado
Revised Statutes, 1973, for an allotment contract for beneficial use of water under
the fol lowing terms and conditions: ·
I, The quantity of water herein requested by Applicant for annual applicatiori
to beneficial use Is one hundre.d three (103). acre-feet to be used so long as the
Applicant fully complies with all of the ·terms, conditions, and obligations herein~
after set forth, !
I •.
2. It Is understood and agre~d by the Applicant that any water allotted by the
Board of Directors ofl said District sh<1l l b~ for domestjc, .irrig~tion, 'or ·Jndustrial
. use wl·thln or''thr'bugh faci ii ties or upon larlds owned or served by said Applicant,
provided however, that all lands, facilities, and serviced areas which receive benefit
from the allotment (whether water service is provided by diq:ct de! Ivery, by, exchange,
or otherwise) shall be situated within the·boundaries of Northern Colorado Water
Conservancy District.
'1
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3, Applicant agrees that an acre-foot of water as referred to herein is
defined ~s being one-three-hundred-ten-thousandth (1/310,000) of the:~uantity
of water annually declared by the Board of Directors of .the District to be
available for delivery from the \,/ater supplies of the Di'strict. Appl leant
agrees that such water shall be delivered from the wqrks of the District at
such existing District delivery point or-points as may be specified by the
Applicant and that the water delivery obligation of.the District shall'ter-
minate upon release of water from said works, Further, the Applicant agrees
that on November I of each year, any water undelivered from the annual quan-
tity made avai I able to the Appl leant shall revert to the water suppl i,es 'pf
the Distri~t. ·
4. Applicant agrees to pay annually for the amount of water herein
al.lotted by the Boa.rd pf Directors' of said District at a price per acre-
foot to be fixed annually by said Board; and, fyrther, agrees that the
initial anpual payment shall be made, in full, within fifteen (15) days
after the pate of notice from the District that the initial payment is
·due he reunper, Sa.id notice wi 11 advise the App Ii cant, among other things,
of the water delivery year to which the initial payment shall apply and
the price per acre-foot which is applicable to that year, Annual payments
for each year thereafter shall be made by the Applicant on or before each
October I at the rate per acre-foot established py the Board for'municipal
water a 1 lofments in that year, .
If an annual payment, as herein provided, is not made by due date,
written nofice thereof, by certified mall, will ~e given by said District
to the App Ii cant at th,e following addres.s: .
P. 0, Box 100, Firestone, Colorado 80520
If payment Is not made within thirty (30) days after the date of, said
written notice, Applicant shall have no further right, title, or interest
under this contract; and the allotment of water, as herein made, shal 1 be
disposed of at the discretion of the Board.of Directors of said District~
5. As security to the District, the Applicant agrees that the foregoing
covenant of annual payments wi 11 be fu 11 y met by annua I budget and app ropr i-
at ion of funds from such sources of revenues as may be legally available to
said Applicant,
I ',,
6. Applicant agrees that the water allotment shall be beneficially used
for the purposes and in the manner specified herein, and that thFs agreement
is made for the exc I us i ve benefit of the App Ii cant and sha 11 not inure to the
benefit of any successors or as·s i gns of said Appl i cant wi thout prior spec i fl c
approval of the Board of Di rectors of said District.
7, Applicant agrees to be bound by the provisions of the Water Conservancy
Act of Colorado; by the Rules and Regulations of the Board of Directors of'said
Di.strict; and by the repayment contract of July 5, 1938, between said District
a □d the United States and all amendments thereof and supplements thereto.
I
8, Applicant agrees, as a condition of this contract, to enter into an
"Operating Agreement" with said District if and when the Board of said Dis-
trict finds and determines that such an agreement is required by reason of·
additional or special services requested by the Ai:iplicant and provided by the·
District. Said agreement may contain, but not be l irnited to, provision for
water deli'very at times or by means not provided within the terms of standard
allotment contracts of the District; additional annual monetary consideration
for extension of District delivery services and for additional administration,
operation and maintenance costs; or for other·costs to the District which may
arise through provision of services to the Applicant,
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Section 3: In the op'inion· of the Town Co,uncil of the Town of Firestone, the
acquisition of a water allotment contract from Northern ~olorado Water Conservancy
District and the right to the benefidal use of wati;ir tt,ereunder by sa.id Town of
Firestone is necessary; that th~·conti'nued.acquisi~ion and use of this water supply
is essential for the wel 1-bein~(of the 1,communi ty JpcFfor the preservatfon of th~ ·
public peace, health, and safety; and that the adeguate protection of the h.ealth
of the inhabitants of the community requires an invpediate increase in Applicant's
water supp I y. It is, therefore, declared that an ~mergency exists; that this
ordinance shall take effect· as an emergency measuri;i and that it shall be published
in the manner and shall take effeFt as provided by the statutes of the.State of
Colorado or charter of the Applicpnt.
Passed and adopted, signed, and approved this· _ __...._ __ day of {['~
19, 17 ,;·, A.D,, '""-'-
ATTEST:
ORDER ON APPLICATION
Application having been made py or on behalf of all parties interested in
the water allotment and after a Hearing by the Board, it is hereby ORDERED that
the above application be granted and an allotment contract for one hundred three
(103) acre-feet of water is hereby made to the Town of Firestone, a Colorado
municipal corporation, for the beAeficial uses set forth in said appl ica,tion upon
the terms, conditions, and manner of payment as, therein specified.
NORTHERN COLORADO WATER CONSERVANCY DI STR.1 CT
By-----------------. President
I hereby certify that the above Order was entered by the Directors of Northern
Colorado Water Conservancy District on the __________ day of-------
A,D,, 19_,
j' ,,
. I
ORDINANCE NO. / 3 3
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 read
as follows:
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 9 ., 000..:15, 000 15,000-50,000 OVER 50,000
METER FIRST PER 1,000 PER 1,000 PER 1,000
SIZE 9,000 GALLONS GALLONS USED GALLONS USED GALLONS USED
5/8" $15.00 .80 .90 1.00
3/4" $23.00 .80 .90 1.00
l" $40.70 .80 .90 1.00
1-1/2" $58.00 .80 .90 1.00
2 " $75.00 . 80 .90 1.00
3" $92.70 .80 . 90 1.00
Section 2. 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 as of January 1, 1980.
Section 3. 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 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 t:1is Ordinance aad the application
t!lereof to other persons shall not be affected thereby.
Section 4. Effective Date. The rates set forth in this Ordinance
shall take effect as of January 1, 1980.
Approved, adopted, and ordered publ's
of the Town of Firestone on this 7
ATTEST:
Paul, Town Clerk
Trustees
-L'.:.jl::c~-f4=z""=c!f=!~o:'.'.__-• 1979.
·, ..
ORDINANCE NO.
AN ORDINANCE OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO
PERTAINING TO THE ADOPTION OF FLOOD PLAIN REGULATIONS.
WHEREAS, the Board of Trustees of the Town of Firestone, Weld
County, Colorado has deemed it necessary to adopt an Ordinance
pertaining to flood plain regulations for the preservation of
public property and the health, welfare, peace and safety of
the citizens of the Town of Firestone;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, WELD COUNTY, COLORADO:
Section 1. The Code of The Town of Firestone is hereby
amended by the addition of the following PART VI, to Chapter
10 of said Code:
PART VI.
Flood Plain Regulations
10-125. Authorization.' This PART VI is adopted
0
pursuant to
authority contained in Title 31, Article 23, Colorado Revised
Statutes, 1973, as amended.
10-126. Findings of Fact.
(1) The flood hazard areas of The Town of Firestone are
subject to periodic inundation which results in loss of life and
property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures
for flood .protection and relief, and impairment of the tax base,
all of which adversely affect the public health, safety, and
general welfare.
(2) These flood losses are caused by the cumulative effect
of obstructions in areas of special flood hazards which increase
flood heights and velocities, and when inadequately anchored,
damage uses in other areas. Uses that are inadequately flood-
proofed, elevated or othen,ise protected from flood damage also
contribute to the flood loss.
10-127. Statement of Purpose. It is the purpose of this
Ordinance to promote the public health, safety, and general wel-
fare, and to minimize public and private losses due to flood
conditions in specific areas by provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly,
flood control projects;
(3) To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the ex-
penses of the general public;
(4) To.minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and sewer lines,
streets and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for
the second use and development of areas of special flood hazard
so as to minimize future flood blight areas;
(7) To insure that potential buyers are notified that
property is in an area of special flood hazard; and,
(8) To ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
. ' \ ., . '
10-128. Methods of Reducing Flood Losses. In order to ac-
complish its purposes, this Ordinance includes methods and
provisions for:
(1) Restricting or prohibiting uses which are dangerous
to health, safety, and property due to water or erosion hazards,
or which result in damaging increases in erosion or in flood
heights or velocities;
(2) Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood
damage at the time of initial construction;
(3) Controlling the alteration of natural flood plains,
stream channels, and natural protective barriers, which help
accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, and other
development which may increase flood damage; and,
(5) Preventing or regulating the construction of flood
barriers which will unnaturally divert flood waters or which may
increase flood hazards in other areas.
10-129. Definitions. Unless specifically defined below, words
or phrases used in this Ordinance shall be interpreted so as
to give them the meaning they have in common usage and to give
this Ordinance its most reasonable application.
(a) "Appeal" means a request for a review of the Build-
ing Inspector's interpretation of any provision of this Ordinance
or a request for a variance.
(b) "Area of shallow flooding" means a designated AO Zone
on the Flood Insurance Rate Map (FIRM). The base flood depths
range from one to three feet; a clearly defined channel does not
exist; the path of flooding is unpredictable and indeterminate;
and, velocity flow may be evident.
(c) "Area of special flood hazard" means the land in the
flood plain within a community subject to a one percent or
greater chance of flooding in any given year.
(d) "Base flood" means the flood having a one percent
chance of being equalled or exceeded in any given year.
(e) "Deyelopment" means any man-made change to improved or
unimproved real estate, including but not limited to buildings
or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations located within the area of
special flood hazard.
(f) "Existing mobile home park or mobile home subdivision"
means a parcel (or contiguous parcels) of land divided into two
or more mobile home lots for rent or sale for which the construc-
tion of facilities for servicing the lot on which the mobile home
is to be affixed (including, at a minimum, the installation of
utilities, either final site grading or the pouring of concrete
pads, and the construction of streets) is completed before the
effective date of this Ordinance.
(g) "Expansion to an existing mobile home park or mobile
home subdivision" means the preparation of additional sites by
the construction of facilities for servicing the lots on which
the mobile homes are to be affixed (including the installation
of utilities, either final site grading or pouring of concrete
or the construction of streets).
(h) "Flood" or "flooding" means a general and temporary
condition of partial or complete inundation of normally dry
land areas from:.
(1) The overflow of inland or tidal waters and/or
(2) The unusual and rapid accumulation or runoff of
surface waters from any source.
(i) "Flood Insurance Rate Map" (FIRM) means the official
map on which the Federal Insurance Administration has delineated
-2-
both the areas of special flood hazards and the risk premium
zones applicable to the community.
( j) "Flood Insurance Study" means the official report
provided in which the Federal Insurance Administration has pro-
vided flood profiles, as well as the Flood Boundary-Floodway
Map and the water surface elevation of the base flood.
(k) "Floodway" means the channel of a river or other water
course and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increas-
ing the water surface elevation more than ONE foot.
(1) "Habitable floor" means any floor usable for living
purposes, which includes working, sleeping, eating, cooking,
or recreation, or a combination thereof. A floor used only for
storage purposes is not a "habitable floor."
(m) "Mobile home" means a structure that is transportable
in one or more sections, built on a permanent chassis, and
designed to be used with or without a permanent foundation when
connected to the required utilities. It does not include rec-
reational vehicles or travel trailers.
(n) "New construction" means structures for which the
"start of construction" commenced on or after the effective
date of this Ordinance.
(o) "New mobile home park or mobile home subdivision" means
a parcel (or contiguous parcels) of land divided into two or
more mobile home lots for rent or sale for which the construc-
tion of facilities for servicing the lot (including, at a minimum,
the installation of utilities, either final site grading or the
pouring of concrete pads, and the construction of streets) is
completed on or after the effective date of this Ordinance.
(p) "Start of construction" means the first placement of
permanent construction of a structure (other than a mobile home)
on a site, such as the pouring of slabs or footings or any work
beyond the stage of excavation. Permanent construction does not
include land preparation, such as clearing, grading, and filling,
nor does it include the installation of streets and/or walkways;
nor does it include excavation for a basement, footings, piers
or foundations or the erection of temporary forms; nor does it
include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not
as part of the main structure. For a structure (other than a
mobile home) without a basement or poured footings, the "start
of construction" includes the first permanent framing or assembly
of the structure or any part thereof on its piling or foundation.
For mobile homes not within a mobile home park or mobile home
subdivision, "start of construction" means the affixing of the
mobile home to its permanent site. For mobile homes within
mobile home parks or mobile home subdivisions, "start of con-
struction" is the date on which the construction of facilities
for servicing the site on which the mobile 1.1ome is to be affixed
.(including, at a minimum, the construction of streets, either
final site grading or the pouring of concrete pads, and instal-
lation of utilities) is completed.
(q) "Structure" means a walled and roofed building, a
mobile home, or a gas or liquid storage tank, that is principally
above ground.
(r) "Substantial improvement" means any repair, recon-
struction, or improvement of a structure, the cost of which equals
or exceeds 50 percent of the market value of the structure either:
(1) Before the improvement or repair is started, or
(2) If the structure has been damaged and is being
restored, before the damage occurred.
For the purposes of this definition "substantial im-
provement" is considered to occur when the first alteration of
any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affect the external
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dimensions of the structure.
The term does not, however, include either:
(1) Any project for improvement of a structure to
comply with existing State or local health, sanitary, or safety
code specifications which are solely necessary to assure safe
living conditions, or
(2) Any alteration of a structure listed on the
National Register of Historic Places or a State Inventory of
Historic Places.
(s) "Variance" means a grant of relief from the require-
ments of this Ordinance which permits construction in a manner
that would otherwise be prohibited by this Ordinance.
10-130. Lands to Which This Ordinance Applies. This Ordinance
shall apply to all areas of special flood hazards within the
jurisdiction of the Town of Firestone.
10-131. Basis for Establishing the Areas of Special Flood
Hazard. The areas of special flood hazard identified by the
Federal Insurance Administration in a scientific and engineer-
ing report entitled "The Flood Insurance Study for the Town of
Firestone, Weld County, Colorado", dated .December 18 ,19 79, with
accompanying Flood Insurance Rate Maps and Flood Boundary-
Floodway Maps is hereby adopted by reference and declared to be
a part of this Ordinance. The Flood Insurance Study is on file
at the Town Hall, Town of Firestone, Colorado.
10-132. Penalties for Noncompliance. No structure or land
shall hereafter be constructed, located, extended, converted,
or altered without full compliance with the terms of this
Ordinance and other applicable regulations. Violation of the
provisions of this Ordinance by failure to comply with any of
its requirements (including violations of conditions and safe-
guards established in connection with conditions) shall con-
stitute a violation of the Code of the Town of Firestone. Any
person who violates this Ordinance or fails to comply with any
of its requirements shall upon conviction thereof be fined not
more than $300.00 or imprisoned for not more than 90 days, or
both, for each violation, and in addition shall pay all costs and
expenses involved in t'.1e case. Nothing herein contained shall
prevent the Town of Firestone from taking such other lawful
action as is necessary to prevent or remedy any violation.
10-133. Abrogation and Greater Restrictions. This Ordinance
is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where
this Ordinance and other Ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
10-134. Interpretation. In the interpretation and application
of this Ordinance, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and,
(3) Deemed neither to limit nor repeal any other powers
granted under State statutes.
10-135. Warning and Disclaimer of Liability. The degree of
flood protection required by this Ordinance is considered reason-
able for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by man made or
natural causes. This Ordinance does not imply that land outside
the area of special flood hazards or uses permitted within
such areas will be free from flooding or flood damages. This
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Ordinance shall not create liability on the part of the Town of
Firestone, any officer or employee thereof or the Federal In-
surance Administration, for any flood damages that result from
reliance on this Ordinance or any administrative decision law-
fully made thereunder.
10-136. Establishment of Development Permit. A Development
Permit shall be obtained before construction or development begins
within any area of special flood hazard established in Section
10-131. Application for a Development Permit shall be made on
forms furnished by the Town of Firestone and may include, but not
be limited to; plans in duplicate drawn to .scale showing the nature,
location, dimensions, and elevations of the area in question;
existing or proposed structures, fill, storage of materials,
drainage facilities; and the location of the foregoing.
' '
Specifically, the following information is required:
(1) Elevation in relation to mean sea level, of the lowest
floor (including basement) of all structures;
(2) Elevation in relation to mean sea level to which any
structure has been floodproofed;
(3) Certification by a registered professional engineer or
architect that the floodproofing methods for any nonresidential
structure meet the floodproofing criteria in Section 10-140 (2) (b);
and,
(4) Description of the extent to which any watercourse will
be altered or relocated as a result of proposed development.
10-137. Designation of the Local Administrator. The Building
Inspector is hereby appointed to administer and implement this
ordinance by granting or denying development permit applications
in accordance with its provisions.
10-138. Duties and Responsibilities of the Building Inspector.
Duties of the Building Inspector shall include, but not be limited
to:
(1) Review all development permits to determine that the
permit requirements of this ordinance have been satisfied.
(2) Rev~ew all development permits to determine that all
necessary permits have been obtained from those Fede,ral, State
or local governmental agencies from which prior approval is·req1,1ired.
(3) Review all development permits to determine if the
proposed development is located in the floodway. If located in
the floodway, assure that the encroachment provisions of Section
10-140 (3) (a) are met.
(4) When base flood elevation data has not been provided in
accordance with Section 10-131, BASIS FOR ESTABLISHING THE AREAS
OF SPECIAL FLOOD HAZARD, the Building Inspector shall obtain,
review, and reasonably utilize any base flood elevation data avail-
able from a Federal, State or other source, in order to administer
Sections 10-140(2) (a), SPECIFIC STANDARDS, Residential Construction,
and 10-140 (2) (b), SPECIFIC STANDARDS, Nonresidential Construction.
(5) Obtain and record the actual elevation (in relation to
mean sea level) of the lowest habitable floor (including basement)
of all new or substantially improved structures, and whether or
not the structure contains a basement.
(6) For all new substantially improved floodproofed structures:
(i) verify and record the actual elevation (in relation
to mean sea level); and
(ii) maintain the floodproofing certifications required
in Section 10-136(3).
(7) Maintain for public inspection all records pertaining to
the provisions of this ordinance.
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(8) Notify the Colorado Water Conservancy Board and ad-
jacent communities prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the
Federal Insurance Administration.
(9) Require that maintenance is provided within the altered
or relocated portion of said watercourse so that the flood carry-
ing capacity is not diminished.
(10) Make interpretations where needed, as to the exact
location of the boundaries of the areas of special flood hazards
(for example, where there appears to be a conflict between a mapped
boundary and actual field conditions). The person contesting the
location of the boundary shall be given a reasonable opportunity
to appeal the interpretation as provided in Section 10-139.
10-139. Variance Procedure.
(1) Appeal Board
(a) The Board of Adjustment as established by the Town
of Firestone shall hear and decide appeals and requests for vari-
ances from the requirements of this ordinance.
(b) The Board of Adjustment shall hear and decide
appeals when it is alleged there is an error in any requirement,
decision, or determination made by the Building Inspector in the
enforcement or administration of this ordinance.
(c) Those aggrieved by the decision of the Board of
Adjustment, or any taxpayer, may appeal such decision to the
District Court, as provided by Colorado statutes.
(d) In passing upon such applications, the Board of
Adjustment shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this ordinance,
and:
(i) the danger that materials may be swept onto
other lands to the injury of others;
(ii) the danger to life and property due to flood-
ing or erosion damage;
( iii.) the susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on
the individual owner;'
(iv) the importance of the services provided by the
proposed facility to the community;
(v) the necessity to the facility of a waterfront
location, where applicable;
(vi) the availability of alternative locations
for the proposed use which are not subject to flooding or erosion
damage;
(vii) the compatibility of the proposed use with
existing and anticipated development;
(viii) the relationship of the proposed use to
the comprehensive plan and flood plain management program of that
area; ,
(ix). the safety of access to the.property in times
of flood for ordinary and emergency vehicles;
(x) the expected heights, velocity, duration, rate
of rise, and sediment transport of the flood'waters and the effects
of wave action, if applic'able, expected at the site; and,
(xi) the costs of providing governmental services
during and after flood conditions, including maintenance and repair
of public utilities and facilities such as sewer, gas, electrical,
and water systems, and streets and bridges.
(e) Upon consideration of the factors of Section 10-139
(1) (d) and the purposes of this ordinance, the Board of Adjustment
may attach such conditions to the granting of variances as it deems
necessary to further the purposes of this ordinance.
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(f) The Board of Adjustment shall maintain the records
of all appeal actions, including technical information, and re-
port any variances to the Federal Insurance Administration upon
request.
(2) Conditions for Variances
(a) Generally, variances may be issued for new con-
struction and substantial improvements to be erected on a lot of
one-half acre or less in size contiguous to and surrounded by
lots with existing structures constructed below the base flood
level, providing items (i-xi) in Section 10-139 (1) (d) have been
fully considered. As the lot size increases beyond the one-half
acre, the technical justification required for issuing the vari-
ance increases.
(b) Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed on the National
Register of Historic Places or the State Inventory of Historic
Places, without regard to the procedures set forth in the
remainder of this section.
(c) Variances shall not be issued within any designated
floodway if any increase in flood levels during the. base flood
discharge would result.
(d) Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
(e) Variances shall only be issued upon:
(i) a showing,of good and sufficient cause;
(ii). a determination that failure to grant the
variance would result in exceptional hardship to the applicant;
and
(iii) a de.termination that the granting of a variance
will not result in increased flood heights, additional threats
to public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization of the public as identified in
Section 10-139 (1) (d) , or conflict with existing local laws or
ordinances.
(f) Any applicant to whom a variance is granted shall be
given written notice that the structure will be permitted to be
built with a lowest floor elevation below the base flood elevation
and that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation.
10-140. Provisions for Flood Hazard Reduction.
(1) General Standards -In all areas of special flood hazards
the following standards are required:
(a) Anchoring
(1) All new construction and substantial improvements
shall be anchored to prevent flotation, collapse, or lateral movement
of the structure.
(2) All mobile homes shall be anchored to resist
flotation, collapse, or lateral movement by providing over-the-top
and frame ties to ground anchors. Special requirement shall be
that:
(i) over-the-top ties be provided at each of
the four corners of the mobile home, with two additional ties per
side at intermediate locations, with mobile homes less than 50 feet
long requiring one additional tie per side;
(ii) frame ties be provided at each corner of
the home with five additional ties per side at intermediate points,
with mobile homes less than 50 feet long requiring four additional
ties per side;
(iii) all components of the anchoring system be
capable of carrying a force of 4,800 pounds; and
(iv) any additions to the mobile home be
similarly anchored.
-7-
(b) Construction Materials and Methods
(1) All new construction and substantial im-
provements shall be constructed with materials and utility
equipment resistant to flood damage.
(2) All new construction and substantial im-
provements shall be constructed using methods and practices
that minimize flood damage.
(c) Utilities
(1) All new and replacement water supply systems
shall be designed. ·to minimize or eliminate infiltration of flood
waters into the system;
(2) New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of flood waters
into the systems and discharge from the systems into flood waters;
and
(3) On-site waste disposal systems shall be located
to avoid impairment to them or contamination from them during
flooding.
(d) Subdivision Proposals
(1) All subdivision proposals shall be consistent
with the need to minimize flood damage;
(2) All subdivision proposals shall have public
utilities and facilities such as sewer, gas, electrical, and water
systems located and constructe"d t6 minimize flood damage;
(3) All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood damage; and,
(4) Base flood elevation data shall be provided
for subdivision proposals and other proposed development which
contain at least 50 lots or 5 acres (whichever is less).
(2) Specific Standards~ In all areas of special flood hazards
where base flood elevation data have been provided as set forth
in Section 10-131, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD or in Section 10-138(4) the following standards are required:
(a) Residential Construction -New construction and
substantial improvement of any residential structure shall have the
lowest floor, including basement, elevated to or above base flood
elevation.
(b) Nonresidential Construction -New construction and
substantial improvement of any commercial, industrial or other
nonresidential structure shall either have the lowest floor, in-
cluding basement, elevated to the level of the base flood eleva-
tion; or, together with attendant utility and sanitary facilities,
shall:
(1) be floodproofed so that below the base flood
level the structure is watertight with walls substantially im-
permeable to the passage of water;
(2) have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyance; and
(3) be certified by a registered professional
engineer or architect that the standards of this subsection are
satisfied. Such certifications shall be provided to the official
as set forth in Section 10-138(6).
(c) Mobile Homes -
(1) Mobile homes shall be anchored in accordance
with Section 10-140 (a) (2).
(2) For new mobile home parks and mobile home
subdivisions; for expansions to existing mobile home parks and
mobile home subdivisions; for existing mobile home parks and
mobile home subdivisions where the repair, reconstruction or
improvement of the streets, utilities and pads equals or exceeds
50 percent of value of the streets, utilities and pads before the
repair, reconstruction or improvement has commenced; and for
mobile homes not placed in a mobile home park or mobile home sub-
division, require that:
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(i) stands or lots are elevated on com-
pacted fill or on pilings so that the lowest floor of the mobile
home will be at or above. the base flood level;
(ii) adequate surface drainage and access
for a hauler are provide9; and,
(iii) in the instance of elevation on pilings,
that:
-lots are large enough to permit steps,
-piling foundations are placed in stable soil
no more than ten feet apart, and
-reinforcement is provided for pilings more
than six feet above the ground level.
(3) No mobile home shall be placed in a floodway,
. ,.,except in an existing mobile home park or an existing mobile home
subdivision.
(3) Floodways -Located within areas of special flood hazard
established in Section 10-131 are areas designated as fl9odways.
Since the floodway is an extremely hazardous area due to the velocity
of flood waters which carry debris, potential projectiles, and
erosion potential, the following provisions apply:
(a) Prohibit encroachments, including fill, new con-
struction, substantial improvements, and other development unless
a technical evaluation demonstrates that encroachments shall not
result in any increase in flood levels during the occurrence of
the base flood discharge; ' ·
(b) If Section 10-140(3) (a) is satisfied, all new con-
struction and substantial improvements shall comply with all applica::ile
flood hazard reduction provisions of Secfion 10-140. PROVISIONS FOR
FLOOD HAZARD REDUCTION.
(c) Prohibit the placement of any mobile home, except
in an existing mobile home park or mobile home subdivision.
Approved, adopted, and ordered publ,[efhed b
Trustees of the Town of Firestone on t J 7t
1979. _.c._..::.:.:._A
ATTEST:
of November,
)
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ORDINANCE NO .
"· ... , ~/·''
'•" ,/
. AN. ORDIN~CE. OF THE: TOWN' OF FIRESTONE, WELD COUNTY, COLORADO
PERTl\INING TO ll'liE ADOPTION OF FLOOD PLAIN REGULATIONS .
. . WHl::RtAs, the Board of Trustees of thE1 Town of Firestone, Weld
· · County, Colorado has deemed it necessary to adopt an Ordinance
pertaining to flood plaid regulations for the preservation of
·public: property and the health, welfare, peace and safety of
. the citizens of .the Town of Firestone;
NOW, ll'HEREFORE, BE
TOWN.PF FIRESTQNE,
IT ORQAINED BY THE BOARD OF TRUSTEES OF THE
WELD COUNTY, COLORADO:
, ·; , "pectioil 1 •. The Code of The Towq of
,, a111eri~r,d by the addition qf the follo\'fing
.. 10-of,;said,Code:
PART VI.
Flood Plain Regulations
Firestone is hereby
PART VI, to Chapter
· 10".".125 ,.· Authorization. This PART VI is adopted pursuant to
authority contained in Title 31, Article 23, Colorado Revised
Statutes, 1973, as amended.
·10-12p. Findings of Fact.
. (1) The flood hazqrd areas of The Town of Firestone are
subject to periodic inundation which results in loss of life and
'property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures
for flood protection and relief, and.impairment of the tax base,
all of which adversely affect the public health, safety,. and
general welfare,
(2) These flood losses are' caused by the cumulative effect
of obstructions in areas of special £lood hazards which increase
flood heights and velocities, and when inadequately· anchored,
damage uses in other areas. Uses ·that are inadequately flood-
. proofed, elevated or otherwis.e protected from flood damage also
contribute to the flood loss.
10-127. Statement of Purpose. It is the purpose of this
Ordinance to promote the public health, safety, and general· wel-
. fare, and to minimize public and private losses due to flood
conditions in specific areas by-provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly
flood control projects;
(3) To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the ex-
.',; penses of the general public;,
(4) To minimize prolonged business interruptions;
s--· ,. . . ( SJ To ,minimize .damage to public· facilities and utilities
such as water. and gas mains, electric, 'telephone and..:sewe-F-1·:i:nes-;-
streets and bridges located in areas of special flood hazard;
(6) To help maintain a !!table tax base by providing for
the second use and development of areas of special flood hazard
so as to minimize future flood blight areas;
(7) To insure that potent~al buyers are notified that
property is in an area of speci.al floqd hazard; and,
(8) To ensure that those who occupy the areas of special
flood hazard assume responsibi_li ty for their actions.
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,·, l0t~28,. , Methods''. of :Reducing Flood Losses.:., 'in' order to ac'-
'· 'Complish: i t;i;; .purposes, this:. Ordin1mce includes methods and
' provisions ,fo;r:··.' ,,
··.-: ·~,·::., '1·,:·. '\ .. -· .. , .. ;,,> .. _·:J.-:-:(,•'~· ,· '.,;, . "~· ·' .. •· ,,, .• ,: . . .
, .. 1 ,: • Hll . ~esj:rictiI:\g, or prohibiting µses which are dangerous
,. · ,to,·q.eal:t;h·,· 1safety, an,d. property due to watei:-or erosion hazards,
· ,or which ,re'sult ip damaging increases in erosion or in flood
,heigh~s or v,e1ocities; . .
· ,. ·t2) .llequiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood
',damage at .the time of initial construction;
;r: ,' (3) . Controll,ing tl)e alteration of natural flood plains,
, s,tre<lm chanJ:\el,s, . and natural protective barriers, which j'lelp ·
acccil1\lllodate .. ;or channel. flood waters;
' .
' , . , ( 4) ,· Cont~olling ~ill:i:ng, gradipg, · dredgipg, and otper
, development .. wh:i,ch may increase. flood damage; apd, .
'., .; ,· .... (5) . Preventing or regulating tjle construction of q.ood
~.~:rriers whi,c.h will unn~turally diveft flood Wi;lters or w~ich may
· , increAse flood hazards in,· other areas.
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10~129;. Definit'ions .' Unless speiciffcally defined below, words
or phrases used in this Ordinance shall be interpreted so as
, t'o' give them the meanipg they have i:q common usage and to give
this prdinai:i,ce its most reasonable application.
. ..Ii . · ,
' . . (~) ' !'Appeal 11 m~ans a request fqr a revie~ of the Build-
·ing. Inspector's' interpretation of any provision of this Ordinance
or a r·equest for a variance. ,,
· c1., (b) · l'Area of shallow flooding" means a designated AO zone
···on,th,= Flood Insurance Rate Map (FIRM). The base flood depths
' range· ,from one, to three feet; a clearly defined channel does nqt
',exist; the path of flooding is unpredictable and indeterminate;
and, velocity flow may be evident.
': . ,,, ., '(c) "Area of special flood hazard" means the iand in the
, flooi;l plain within a community subject to a one percent or
· gre~;;,=r chance of floodi,ng in any given year.
· (¢1): '"Base flood" means the flood having a one percent
chance:of l;>eing equalled or exceeded in any given year.·
(e). , "Development" means any man-made change to improved or
unimproved real estate, including but not limited to buildings
or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations located within the area of
special flood hazard.,
. . (f) , "Existing mobile hqme park or mobile home subdivision"
means a parcel (or contiguous parcels) of land divided into two
or more mobile home lots for rent or sale for which the construc-
tion of fac~lities for servicing the.lot on which the m9bile homei
i~ to be affixed (including, at a minimum, the installation of
utilities, either final site grading or the pouring of concrete
pads, and the construction of streets) is completed before the
effective date of this Ordinance.
, ( g) "Expansion to an existing mobile home park or mobile
home subdivision"• means the preparation of additional sites by,
the construction of facilities for servicing the lots on which
the mobile homes are to be affixed (including the installation
, of utilities, either final site grading or pouring of concret~
or the construction of streets). ·
, , (h} "Flood" or "flooding 0 means j:l:· general and temporary
··condition of partial or complete inundation of normally dry
land areas from:.
· (1)· The overflow of inland or tidal waters and/or
,i't,· , (2). The unusual and rapid a~cumulation or runoff of
surface· waters from any source.
,:' · (,:i:) "Flood Insurance Rate Map" (FIRM) means the official
map'on:which the Federal Insurance Administration has delineated
-2-
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\ 1 :~~th,\thl areas of ~pecial flcio1 ·haz~rds and the risk premium
zones,: applicable .to the community.
: ·' (j) 'IIFlood. Insurance Study" meaps the official report
prqVided in, which the Feder~l. Insurance Administration has pro-
viqed flood profiles, as well'as the Flood Boundary-Floodway
Map and the. water surface elevation of ~he pase flood. ,
. · (k) "Floodway" means the channe:j. of a river or other water
course and ,the adjacent land areas thq.t must be reserved in
order .to discharge th,e ),_ase flood witl"jout cumulatively increas-
ing the ·water surface elevation more than ONE foot.
(.1) . ''Ha),i table Jlpor" means ariy . floor usable for living
purpos,es ~ ·whiph . include'3 working, sleeping, eating, cooking,
or recreati.on, . or. a compination thereof. A floor used only for
storage purposes 'is not a "habit.able floor.",
... ·. (m) . "Mopile home" ·means a structure that is transportable
in:',oile or more sections, buiit on· a permanent c.hassis, and
desig:q~d to b~.u!;led with or without a permanent foundation when
•, cprmected to·:the·,requir~d uti:j.ities •. It does not inciude rec-
.' ·reational ¼;lhicles or: t:,:avel trailers, ·
'i'. • (n) . • "New construct:ion" ·means st~uctures for which the
11 start of coni,truction''.· commenced on qr after the effective
. date of this Ordinance, . . . . ..
. . . (o) · "New mobile hpme park or moqile home subdivision" means
a·parcel (or'•cqntiguous parcels). of l;ind divided into two or · more _mobile., home lots for rent or salEj for which the construc-
tion of facilities for servicing the lot (including, at a minimum,
the installation of utilities, either final site grading or the
pouring of concrete pads, and the construction of streets) is
·• . completed• on: or after the effective date of this Ordinance.
. (p),. ,; "Start:,.'of. cQnstruction ". means the first placement of
.Permanent construction·of ii structure (other than a mobile home)
on1a site~ .. such,as'·the pouring of slabs or footings or any work
l;>eyond the stage of excavation. Permanent construction does not
1.include :).and. preparation, such as clearing, grading, and, filling,
nor, dO!ilS it include the installation of streets and/or walkways;
nor 'does it,'inclµde excavation for a basement, footings, piers
.··or. foundations or. the ,erection• of temporary forms; nor does it
'irtcl11qe the inst~llation·on the property of accessory buildingsi
i,Uc~.as gjira'ges9r sheds not occupied as dwelling units or not ,, as ).Part of the main• structure;· ,For a structure (other than a
·: .mobile ,home) without a basement' or poured footings, the "start
, .. of c;::onstruction" ::includes .the first, permanent framing o:t assembly
I••'. of '.the', structure.' or any part-thereof on its piling or foundation.
For.mob'ile liomes':.not within a mobile home park or mobile home
.',, sUQdivision·; ·."start ... of construction" means the affixing of the
mqbile home to , its:. permanent, site. For mobile homes· within
mob'il.e::home :park!! or mobile home subdivisions, "start of con-
. struction" is the date:,on which· the· construction of facilities
' for ·s:e,;v.icing the·:.site:' on which. the, mobile '10J11e is to be affixed
Jin•cluding, at a: ·minimum; the. construction of streets, either
final site.grading or the·pouring of concrete pads, and instal-
lation•of utilities) is completed.• · • .
' ' ' . . ; ' .· ' ~
· ..• ·., (q) . 0 ~tr.ucture" means -a walled and roofed building, a
mobile home ,·.or a gas ,or liquid storage tank, that is principally
' • 1 '
1 above· ground i'. 1 , "'· · , ,
.. , (r) "Su,bstan}ial improvement''. merns any repair, ~e~on-
sft:uatiol\; or improvement· of a structur.e, t;he cost of wh;ich equals
or·. e.xceecJs 50 percl;int',, of. the market va1,ue ·'of the structure either: i.1''1 · '· (1) Before _the improvement ~r repair is st-;1rted 1 or
f':-,• ·, ,, (;q If. the ,structure has bern. damaged ano. is bei~g ·
,,, , · r~~.o;r:ed, .. before the damage occu7red. . '. · . .
. , .·,.,, '. ,:" For the purposes of tins definitic:>n "sl.lbstantiiil im-
p~~e~~~t'', i;s cpnsJdered to .occur when thei first alteration ~f .
anY.·,walJ:·,! ;ceiling, floor, or other structural part of the• building
.coi111iiel'!qes ;" wheth~'.t' or not that alterat.j.on affect the externfil
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. ;" ,,, liimensione ',of tlie:'structu:te. . . ,.,:\ I; ·: ;, 'The teilll. does riot,• however, lncl1.1de ~ither:
. '':', · ·:-!,:, ,\.,. , . ·.,: (l)'. • Any: project for improvement of a structure to
. ' . ·. ,comply with ';existing State' or locai health, sanitary, or si).fety
" '. coc:Je specif,ications which a:¢1:!•'solely qecessary to assure safe
, . living conditions, or ,.
. . . , . .. · (2) Any alteration. of a sti;ucture listed on the
· N~tion•aJ Regii,ter of Hiiitoric Places or a State Inventory qf
. Hist9ric ;,places••. , · :· , . ,. ·. . ·
. _:: · ·; ('$) · ."Va:r:iance''.. melllls ,a 9rant o:( relj.ef from the require ...
'.~!'l'ts '.of this Ordinance which permits construction .in a manner
!' : :that would otj,.erwise be prohibited by this Ordinance,
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. · ,· 10-130.: . Lands·· to Whit:h This' Ord.inane~ Applies. This Ordinance
,, spall apply , to. a.11 area~ of i:;pecial flood hazards within the
., ju,risoiction pf '.,the. Towp of.'Firestone,
', ::11~~£~1,i · ;Ba~ls fgr Est'a1:>Xi.shing the Al:'eas of Special Floo,d
.. Hazard., 'The arec1s of special flood hqzard identified by the
:,. \. ', Feder:al .Insurance. Administration in a scientific and engineer-
.· · ing' report ent;i tled. "ThtJ! Flood Insurattce Study for the. Town of
,Firest;bne','Weld County,'Colqrado", dated· December 18,1979, with
,_. ' accompanying Flood Insu;rance, . Riite Map~ and Flood Boundary-
,, · Floodway Maj;is is. hereby adopted by, reference and declared to be ·.·, '· . a· parb' of, this Ordinance.. The Flood Insurance Study is on file
,, .. ' ;,,at;. the,.:Town;·Hall', Town of Fi'restone, Colorado:
10~132. ,, PeOalti~~· fo~ Noncofupliance. No structure or land
·' sh.all hereafter be constructed, located, extended, .converted,
~. ·_; ofi, ciit'ered without full compliance with the terms of this
'' Ordinani::el and other applicable regulations. Violation of the
, ,f 'prov,i~ions· 9f th):s Ordinance by failure to comply with any of
. • it13 ,reqliire~rits (including violations of conditions and safe-
. ,I'. gul:irds', e~tablishecJ in connection with conditions) shall con-i: " ' .. ,,_ ·. . . ,, ' ' t' ' '" < •
'\: .. stitµte a violation of the Code of the Town of Firestone. Any .. · .\ .r ',.person who violates this 'Ordinance. or . fails to comply· with any
,· ',' ~'..of. itif requirements sli.'all uport conviction thereof be fined not
': .: 'more than· $300. 00 or imprisoned .for not more than 90 days, or
, both, •Jor each violation, and in addition shall pay· all costs and
,expen~es involved in the case. . Nothing herein contained' shall ·:
i · .• prev~nt'. the Town of Firestone · from taking such other lawful
·,· ·acl;;ion 'as i~,nec~ssary.,to prevent or remedy any violation.
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.· 10-133. Abrogation and (;reater Restrictions •.. ·. This Ordinance
i~· no:t· intended :to repeal,, abrogate I or impair any existing
:easements, covenants, or deed.restrictions. However, where
thi~·,iOrdinance and other Ordinance, easement, covenant, or deed
: restiietion: conflict or overlap, whichever imposes the more
strin~ent restri~tiorts shall prevail.
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lli-i38t~ Duties. and Responsibilities of the Building Inspector .
. , : Dµties of the Building Inspector shall include, but not be limited
i,,. to: .: , > t
,,,•.;'" l ,·: -,rr?. tf' •.•.~1'-,·, , ' ,,,
,. ,:· ·:,..,~.••'(ii,).· Review· all development permits to· determine that the
( 'permit: requirements of this ordi_nance have been satisfied.
~·, '_ (2) Review,1 all de'Velopfoent permits to determine that all
n~cessary permits:·. have been· obtained from those Fedecr:al, State
· ' cii;;'•';loc~l governmraµtal•·agencies from which prior approval is required.
_,t; :,·,:(3) .. Review all_, development permits to .. determine if the
ptopc;>sed development.is located in the floodway. If located in
tqe floddway, assure that the encroachment provisions of Section
10-140 (3),(a), are'met.
;'. ·. (4) · When base flood elevation data has not been provided in
accordince with Section 10-131, BASIS FOR ESTABLISHING THE AREAS
OF SPECIAL.· FLOOD HAZAim, the Building Inspector shall obtain,
re-View; and -rea·sonably ut.ilize any base flood elevation data avail-
. able,. ffom a Federal, -,;tate or. other source, in order to administer
Sections 10.:.140(2) {a), SPECIFIC STANDARDS, Residential Construction,
and 10--140(2) (b); SPECIFIC STANDARDS, Nonresidential Construction,
--~· •. ,: (5); Obtainiand record the actual elevation (in relation to
·;ne~n sea level) of' the lowest habitable floor (including basement)
o:f.all_ new or soostantially improved structures, and whether or
not the structure. contains a basement.
1~t•'1' (6) · For ali''new ,:soostantially improved floodproofed structures:
· (i) verify and record the actual elevation (in relation
tO'rile-an sea level); and
·, (ii) maintain the floodproofing certifications required
in Sect~on 10-136(3). .
· (7), Mainta~n for public inspection all records pertaining to
the provisions of this ordinance.
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•• l f.','1 '• r ·:t.\: " (f) ;_ Tl:je llq'll,rd of 'Adjustment shall maintain the records
: , ,, , ct!:· alf. app.ea~ asti.onsj including technical information, apd re-
; .. ·, . J?,O:rt <iny .'fari9-nee,f. to tl}e F.el:1,e_r;i.1._;I:n,surance Administratio11 upon
1,. ·.•. ..:req14e9t;,.•·· .. · <·'iT:;.~· ··. • . · 1 .• • •
~ · ,:· ·.· · ,:: \,;' {~j .· .': ~o~~iiicms for' varian~(;!s: i1 ~' ." -:) : ', • . ·•, . ., \ · j '' I
I~ ,:,:· · · ., /'t'/' ,,i' , (a) · ~nerally, variances may be issued for new con-
1
.-i•.",f .. , l , . stru.&tioi:i-and substf;intial improvements to be erected on ~ lot of .· , 6ne'-'!ia\f.~ore. 61.' less'·.in:size contiguous :to and surrounded by
· .. , ~cit:11 witn.':• e,icisting "struct:ti:res constrµcted below the base flood
le:VeJ;-:, 'proy,:j.dirig'' itellii; (i:..xi) in Section 10-13!) (1) {d) have been
· fully<cons.ldered:; As. the· lot size. ipcre11se·s bfyond the one-half
. a'i;:r~; .tl'le· t~ch11ioal· justif;i:.cat,ion regiiired for issuing tl}e vari-
:·.\.,i ·, ·ance;···,tncr~aseS .. /r·•:t,.·, '), · · \ ':--~-" ., ·;·· . · , · :,:/1,; , .!· , i-';\ •,,;_:. i,,. (.b)'. Variaii;ces may be is.sµtq· for the· reconstruction, ''
'r,~habilit
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ation_: ,_:or; r. estol;'a_t_i<?l'I C?f stiµctures lti,ted on the National
~{/·_.;: · . ~~ifjt~r-of ;Hi!¼i:Oric .Placlf)s. ot the State Inventory of Historic
!''. . . P:faces', withoµt; :regarp to''the proced1,u:es set forth in the
}_\;,,_. • · ·, rii,mainder,' <>1' tni,s ·section; . 1 · .
. f '.·,_:it:,:··. · (pJ.i; V:a'rianc;:es shall not be. issued within any designated .''{
j:};·,). floodwa,t ,i:f/ariy. :increas;e in .•flood leV!=lS during' the!. base flood , ' t · · .·· p:ts·charge would result. · ,. · ' · · , ·· · · · ·1
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,: __ , .• · :· •• :,,;" ,, .' .< · ; ' {d) ., 'Variances sh~ll: only Pf= issued upon. a determination l,
'. . .', th'at' the ;varianc~ is the minlmum nece~sary' considering 'the flood ...• ~
... ,. ' . . ' hi;lza'rd / to affor!l i.elief ( ,',, .. , ' ,• . .· ;•t ~('' · . . .·'.> 1' , .. ' )~), · V,arlan~_es·· shall only b,e. issued upon; t;&.
\ , } . · , ,}'' .' \..·' . · (i), . a!. show~n.9 of ·good and sufficient cause; ._;!,
,, •f' ·• -+:·-' 7; :, : ;.1,· : (iii).· a c;l¢,termination that failure to grant the , ;;.
!{ ·'',' variq,n9e would result in ~xcept,i.onal hardship to the applicant;
. , ·and· ' .. · · :> · , ;;•i . . i '. .·• (fii) ,a determin<!,t:i'.on that the granting of a variance
, ,. wi::U .. 'not. result ;i.n. inc:reased 'flood heightr;i, ad<;'litional threats
·;-, . r ' tg'.,pu:t>"liq' safl;!ty'., '. extraoi;qin'ary ;public expense I create nuisances, . r, fi,: :,; ·, c~µse.;fra'ud:·ptj:.or.victimization dl:"the public as identified in
,' ;. . S;itction' 10-139 (l)'(d),. or ~onflict with existing local laws or
'j\: '1 :,~ .. ,~,. ., p~dinancer;i r i ' . ·;l: ' . '. ' . . . . ' .. ,,,
, t/·, f,; •· .. f·, · ,, 'i .. ·,,,. i·• i .. 00 ... '/¢y ~pplicant. to whom a variance is granted shall ~e · "
: ,;.'.(,'. l· \~l~ei\.~ritten riot:ice that• the st:r:Ucture will be permitted to be ,_:°·\
,e,:, ·• ,,. }:itiilt. with ~ lowest, f:J.oor .elevation below, the base flpod elevation · /. ·r·, ': · arid 'that. the cost of flood insurance will ,he commensurate with the ' ;;,j
':,it · iqcr~as~d risk resulting fi::om the,.reduced lowest floor elevation, '
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,, {,:•· ·(l) · Gex;iera·l· Standards.-In all areas of special flood hazards
the following standards aJ;"e. tequi1;.ed:
, . , . . (a) Anchoring ' . .
, · •' I ·,-(l)',, All new b'onstr1,1ction and substantial improve111ents.
· '. sh~ll be anchored. to p'revent flotation, collapse, or lateral movement
· . of• the· structure:/,· . . •,· .. .
·. . ', · ' ",. . . . . (2) All mobiie ho~es shall be. anchored to resist
fiotation, collapse,,· or iat~ral movE;Jment 'by providing over-the-top.
aJ:ld· frame ties· ta·•·gtound anchqps. · '•Si;iecial-requirell\ent shall ;be
, • .. that: , .. • ... · .. · . ; .' ,:· · : · , ,,. ,.>. (i) · pv.7:r-the"'.~op ~ielJ be prov:j.~ed at 7a(.:h of . ,.:t~f•.;9ur. corn~rs(:of the mobile ho~e, wit~' two addit:i,.onal ties per
.·'s;i,l!i;r, ,at,. :i,ptE;Jrmed+ate lo<i:at.tons, wit,h ll)Obile homes less tqan 50 feet
loftg,i:equiring Ol).e addition:a[_tie'per side;
... :·•t11.ltt•1 ' . · :,,. (ii) . frame ties tie provided at each 'corner of
·t~~-··hOW~(.with fiye additional ties per side a~ ~ntermediate .P<;>ints,
. w;r.J.h. rool:>~l~ homes less than 50 feet long requiring four additional
ties pei-,'side';.,' . I . . ' . ' . . ' '
:.·. · ,'. ·,,, ,·" · ;., ·,. • (iii) all components of the anchoring system be.
capabl~:: of carryipg a force of 4, BOO pounds; and
, · " • ,· · (iv) any additions to the mobile home be
·similarly. anch¢r,ed,
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b . 'I~ r-~t.t,, h!l''·.'\' ,,ii.'.t',., .. ·'a,:~.-'·,·' ', i,
; &~{ft·:.' ::;t >\}~.':i(:.,"t:i,''. (tii~).t{.::;> .•. ,· ,, • ;' .... · ' '; ' ., ' .
'~(i , ' ,},'. ,, i ,;:_,/(~l. ,, •£onstrµction' ,:Mate;rials. ,and Methods . .
• , ''., ,, : , ~•.·· . ·, ,, , (1) · All new c;:onstr,uction and substantial im-
,· pto:7eme~t~ shall be. constructed "".ith materials and utility
.,
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, ·,e~~:t,pm,¢n.r resistant tq flood•damagE;\; ,· ,
,·~ '/,1:":·, :',' .::. , , . ,.' (2 l , ,All .new •'construction and substantial im-
·'•PlfPVemerttls shall'.be cbns:t:.ructed using methods qnd practices
th~:t ll\i.nimize flood di,t)nage. , , e//.'"•, :i, '1 (pl Utilities, ,. . .
,. 1 : .',., .• '.·, 1 · .. ; ·. , (ll, A:11, new and replacement .water supply systems
. s~~l,1,; b'~'de~i!p'l'led.•to jllinimiZE! ,or elil!lil'\ate infiltration pf flood
· · iw11te:rs·: into. thEt syste!n;' . ,' ,I ·' • , ·
. ... '
, .: ,\i ,. ' .. · . ::. . (;I) New arid replacement sanitary ·sewage pystems shal;l,
, ; , be 'd~signed '.to mi.nimi11.:e or e'limina.te infiltration of flood waters '!
., ,. i~to the :;;ystems, and· ~isc::hargl:i ,from the systemp int9 flood waters; · !
:: .. ,and ... :~._,,•i·.·/. ,r! ·-;. ,,;.·.-;,. :-• ..:. .. • •· . · · . -i,
: .>•:.;;':,. :.<, ::,··.{~) . On-site waste disfosaf syst;ems shall be located ;;J,
· , tP .a'l(o}d' !lm~airment· tc,,· them :ot co.nl;a!f1inat,ion ftom them d1-1ring 'f
, , floodi,ng. · .:: · : ' •f. . ,. •• · . ;. , , ,f ._: 1 · . ·,:J~) , Bubdi v~sion P~o?o~als , . · . , t'i,
\, ,,., ·. , •. ' · , '! .. (l,) · Ail, subdivision proposals shall be consistent ')
w,.J.~h the qeed· to,minimize .flood dama':le; , ·· ;
, , , !'' ,: ," • ,: '.. (:Zt . A;l subdivision f1roposals $hall; have public
· utilj:t:le:;; , ar;u;l j:aoili ties such a:;; sewer, gas, electrical, ;:md water
. ' systFmS' locc1,ted laP,d constructed to I mipimize f1ood damage;
" :. ,.;. , '., . ·t . : , · (3) , All subdivision proposals $hall have adequate,
. di;':a.i:na9~ :l?rqvide(i to rEiduce exposure to flood damage; and, · ·
.· .·.;, , i . . .·· · (4') .· .Bi=lse .flood elevation data shall be provided
f91[ su!;)diyision proposals and, other, proposed dev.elopment which
contain at least.SO lots or s·acres (whichever is less) .
. '. ,,.· · (2)' •· Specific .Standa'rds '-In. all areijs of special flood hazards
whe't;-e fjase flood elevation data have been provided as set forth
in Section 10-131', BASIS FOR ESTABLISHING THE ARE.AS OF ~ECIAI., FLOOD
HA~ARt>':or in. Section 10-13.8 (4) the following standards are requirEid: · .~;,
'. · · .. •. ,,,. · (a) Residential. construction ~ New construction and ':,r,
stil>staritial 'itnprovement of any 'residential structure shall have the . '.,'!
· l(>west·. flooi;:;. including basement, elevated to or above base flood . ~'
1 t ' '·q, e eva ton. ,:-,. , .· ·, . , • ., •
. ·<;, .!,.:,, ,, (b1, ·,,N!oirt'residential Construction -New construction and ~;:
' · 1up1:1ta11,tial: tmproveme~t. of al)y c'?mmercial, industric1-l or other · · '
., nanresidEint:i,al · structure shall either have the lowest floor, in-'. 1;
. c~µ(iintg ·basement;. eleyated to the level of the base flood eleva-f
tion; .i)r, t'ogether' with, att,endant. utility and sanitary facilities,
sh.µ1,:/· ,\ .. : .' · t" . ·, .' .
. .. , _",': .. · ~; · (1) bEf floodproofed so that below the base flood
level the structure is watertight with•"walls substantially im-
, pertneaJ;,le to the passage of water( ,
; ;:. ::·. :.v,: • . .' ·.:, (?) have strµctur211 components capable of resistiJig
, hydrostatic and hydr,odynamic. loqdS and effects of buoyance; and
, . .; :' , . (3)· be, certified by a registered professiqnal
': ' ~-·•·
'' en~~he~r or architect/t~at ~he standards of t~is subsection ~r7 • . s4trsfied,, . Such cett:t,f·J,Qlltions shall .be provided to the official
'\{,, ~S:;,,,t;.:}orth in seotiQn.ig;_ij,8:(6). . '.,
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1 : ... : , , ,· .'• .,_ or,; ;,.,. . ( c.).: Mobile a~'i\les ·~ . , , , ' .,,'?.i;.,;,,,••· ,'. ,• .(lJ MobiJe homes shall be·anchored in accordance
b,: ~i~h ;Sfc:;1:ii:Jn,: 10;:),4P (c1) (~)• · , . .. .
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, ., •• ,,.,~ i." , i .,, (2J •, For new '.llloblle ho~ parks and mobile home : ,il•21 ;, ;' s~(fi,•v!sionJ't fof ·expansion!!. to exlstij'lg mobile hollll:l parks and
. t,i .' · · ' · , 111qqtle,, 'honie .tlubgtv~,s~ohs: . for existing ~obi le home par~s and •
t/,! , _'·;• . \\ ~~lie ,,home $,Ub~tvisi9ps , where. t~e rep11ir, reconstruction or
• · '1 · ,,,
1i : ,iJ\IP.:i;:ove;ment -o, t~i sti:;eElts,. uti:j.ities 11nd pads equals or exceeds
.i,~f ' .. , , ·· 5,o;,1pe:i;~erit of value' of ~he streets, utilities and pads before the
·' , · , ·, · •/~~:j;r'; '. reconstr'~ct:'i:qn Of improv7ment has , commenced; . and f?r; I;:.·,, ' · 1 -inOl:!!telhollleS not placr!d in a 1:mobile home park Of mobile home sub-.,;, F: , ,,. . <g, fY,J~f?~:,,, :r;equir' that_:·,:,,;;, ,., · :.·. , " • · I
a , !'I ' '-~.• " ' ' ':f ' , I ~".., •1•;1 .. _,i,~,,, .,. • .... ·1, ,.,1.:,~·· ... · ''t ~· ·,:.:.a-
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l\N ORDINJ\NCE ADOPTING THE BlJJ),GET FOR THE TOWN OF
FIRESTONE, COLORADO,.' FOR THE FISCAL YEAR BEGINNING ON THE
1st DAY OF JANUARY, 1980, AND ENDING ON THE LAST DAY OF
DECEMBER, 1980, ESTIMATING THE AMOUNT OF MONEY NECESSARY TO
BE RAISED BY TAX LEVY BASED ON THE SAID BUDGET SO ADOPTED:
ESTHl1\TING THE AMOUNT OF MONEY TO BE DERIVED FROM OTHER
Rf.VENUE SOURCES l\ND SETTING FORTH TJJE TOTAL ES'I'IMATED
EXPENDITURES FOR EACH FUND.
WHEREAS, THE TOWN TRUSTEES, _de 9 ignated to prepare the
annµal budget for firestone, Colorado, for the fiscal year
beginning January 1, 1980, and endiDg,December 31, 1980,
. ' 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 «'r. ·z:c . .CL,.~ 3: , 1979.
WHEREAS, the assessed.valuation of taxable property
for the year 1979 in the Town of Firestone, as returned by
the County Assessor of Weld County, Colorado is the sum of
jC' -/J9l '1 30
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN OF FIRESTONE,
WELD COUNTY, _COLORADO.
Section 1. That the estimated revenues for the various
funds for the Town of Firestone are:
GENERAL FUND
Property taxes
Other Revenues
TOTAL
Wl\'J.'ER FUND
Property taxes
Other Revenues
TOTAL
PARK FUND
TOTAL
HIGUWAY FUND
Highway Users
Taxes Receivable
Road & Bridge
Other Revenues
TO'l'/\t,
$
$
$
$
$
$
$
$
$
$
$
$
.;'i? 7,;zcJ
.'{_6_31/"I
)/StJ?o
.-....... -----. ----
·ft._ff~A1
J 75;0 f,il
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ORDINANCE ;., ,
REVENUE SHARING FUND
TOTAL
SPECIAL ASSESSMENT DIST #1
TOTAL
$_~2-=3e-.:L_/ __ _
Section 2: That the estimated expenditures for each
fund of the Town of Firestone are as follows:
CEUEHJ\L FUND
\·./ATER FUND
·PARK FUND
HIGHWAY FUND
REVENUE SHARING FUND
SPECIAL ASSESS. DIST #1
$ /;IJF,rJ;"jl 0
$ :fl/~ t,, 'f.•,J-
$ f;J-.a o
$ Sf? '1t1i
$ 23-,2/
pection 3; That the budget for the Town of Firestone,
Colorado, for the fiscal year beginning January 1, 1980,
and endihg December 31, 1980, as heretofor~ submitted to
the Board of Trustees by the Town Trustees, and changed and
ilmenck,d by :-,ai.d Boar/I of Trustees be, and the silme her:eby
is adopted and approve/I 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, AND ADOPTED
_;C .•.... , e-1~·.,v , 1919.
ATTEST: .
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ORDINANCE /3 l
THE ANNUAL APPROPRIATION ORDINANCE, APPRORRIATING
SUMS OF MONEY TO DEFRAY EXPENSES AND LIABILITIES OF THE
TOWN OF FIRESTONE, COLORADO FOR THE TOWN'S FISCAL YEAR
BEGINNING JANUARY 1, 1980, and ENDING ON THE LAST DAY OF
DECEMBER, 1980.
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 DESIROUR 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, 1980, and ending on the last day of
December, 1980, the sum of$ /;_s-,,70 from the General Fund,
the sum of $ ,;J / ,c). t 01 from the Water Fund, the sum of
$7 _,;z c e from the Park Fund for the payment of the
operating expenses and capital outlay of the general government,
public safety, public works, recreation, and public health.
Section 2: That the sum of $ 0 ,? re(: is hereby
appropriated from the Highway Fund for the operation, maintenance
and construction of roads.
Section 3: That the sum of $ /3 ,,2, f is hereby appropriated
from the Revenue Sharing Fund to be used for general purposes.
Section 4: That the amount from the Special Assessment #1
is hereby appropriated for the payment of the Special Assessment
according to the schedule set in assessment district.
INTRODUCED, READ, AND ADOPTED ON THIS / :z_. DAY OF
ML..c.-.ce:z<---tf , <l' c , 19 7 9 .
Mayor
ATTEST:
Town Clerk
ORDINANCE 1 ::;· (
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, 1980, .arid ENDING ON THE LAST DAY OF
DECEMBER, 1980.
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 duririg the·Town's
said fiscal year of all properly authorized demands upon
the treasury, and
. WHEREAS, THE BOARD OF TRUSTEES IS NOW DESIROUR 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, 1980, and ending on the last day of
December, 1980, the sum of $ I/.,;-,.: 1;-C from the General Fund,
the sum of.$ .,,;.:1 { V'! from the Water Fund., the sum of
¥.,'<(Cr, from the Park Fund for the payment of the
operating expenses and capital outlay of the general government,
public safety, public works, recreation, and public health.
Section 2: That the sum of s· 5-·f "/c (, is hereby
appropriated from the Highway Fund for the operation, maintenance
and construction of roads.
Section 3: That the sum of $ '.l 1 .2 I is hereby appropriated
from the Revenue Sharing Fund to be used for general purposes.
Section 4: That the amount from the Special Assessment #1
is hereby appropriated for the payment of the Special Assessment
according to the schedule set in assessment district.
INTRODUCED, READ, AND ADOPTED.ON THIS / 2. DAY OF
~.L-, .. ,,-d; r, , 1979.
Mayor
ATTEST:
Town Clerk
ORDI!~.ANCE • i' l
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, 1980, and ENDING ON THE LAST DAY OF
DECEMBER, 1980,
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 DESIROUR 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, 1980,
December, 1980, the sumof
and ending on the last day of
the sum of $ .~1; ,.2 t->' 'f from the -=-'---'-----r. ,~ r-r-from the Park Fund ---"---'"'-'--'-----
from the General Fund,
Water Fund, the sum of.
for the payment of the
operating expenses and capital outlay of the general government,
public safety, public works, recreation, and public health.
Section 2: That the sum of $ s-r '/ c (, is hereby
appropriated from the Highway Fund for the operation, maintenance
and construction of roads.
Section 3: That the sum of $ ;' J . .:, / is hereby appropriated
from the Revenue Sharing Fund to be used for general purposes.·
Section 4: That the amount from the Special Assessment #1
is hereby appropriated for the payment of the Special Assessment
according to the schedule set in assessment district,
INTRODUCED, READ, AND ADOPTED ON THIS / "-DAY OF /4 , . C~,:_,.-_,,.:;;-;;:;f:( ; ·t ,,-1979.
Mayor
ATTEST:
Town Clerk
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·. ORDINANCE NO. / ,s 7 --·-----~
Ali ORDINANCE AUTHORIZING THE .BOARD OF TRUSTEES OF TµE TOWN,O[,,;:,,,, , .
. FIRESTONE TQ TRANSFER AND DISPOSE OF CERTAIN REAL ESTATE 00NtD~2
. BY Tl!E TOWN OF FIRES1'0NE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF TIIE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO:
Section 1. Pursuant to the powers contained in C.R.S.
31-12-102, 1973, the Board of Trustee•,; for the, Town of Finis tone
hereby authorizes the transfer of the following described pJop-
erty currently reflecting some legal intcres~ by the Town of
· Firestone and that the Mayor or Mayor Pro Tern, together with the
Town Clerk be authorized to execute such deed or deeds ~s may be
required to transfer the Town interest in said property, said
transfer being necessitated in order to correct a technical error
in the records of Weld County:
Lot 32, Block 22, Town of Firestone, Weld
County, Colorado.
Section 2. That the hereinabove described real estate
is not being used or held by the Town of Firestone as or for
waterworks, ditches, gasworks, electrjc liqhtworks, or other
pubiic utility, public buildings, or js re~l property used or
held for park purposes, or real property used or held for any
other governmental purpose.
Section J. This transfer is being made to the Town of
Frederick to correct an administratl.ve error, in a Weld Cour1ty
.deed recorded ilt Book 1439, Page 77, 1,ecepL1on No. 1220623, record-
ed January 5, 1956, in the. Records CJf Weld County, Colorado, in
that said deed at one point names the Town of Firestone as a re-
cipient of ti£le to Lot 32, Block 22, Town of Firestone, whereas
it is the clear intent of the deed to transfer legal interest to
the Town of Frederick.
Section 4. In the opinion of the Board oE Trristees of,
the Town of Firc,stone, Weld County, C:olop1do, thi,; Ordinance is
necessa r/ for the immediate protec Lion and prc,;crva tiorr of the
public health, safety, convenience and general wc]_fare, and it: is
enacted for that purpose and shall be in full force and effect
after passage and publication thereof.
. Approved, adopted and ordered publi:/1pd by, :111e. ,i~~rd o'f'''·•':·,· .',::~''
Trustees of the Town of Firestone, at 1t;,s/neet g on/the 12th·.
day of December, 1979. ;;,Id, { , / .
ATTES'r:
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---~ " ,_ {,1/4_,-~
M y
V
J
ORDINANCE NO. IJY
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 Salar:l:._
The annual salary of .the Municipal Judge of the Town
of Firestone, Weld County, Colorado, shall be set at the sum
of THREE THOUSAND SIX HUNDRED AND NO/100 ($3,600.00) DOLLARS.
Section 2. Monthly Increments.
Said annual salary shall be payable in monthly increments
of THREE HUNDRED AND NO/100 ($300.00) 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 th~reof shall in no
way be directly or indirectly based upon the number of individual
cases handled or heard by said Municipal Judge, nor upon the num-
ber of convictions, nor upon revenues received from 1fines. . :
Section 4. Repeal of Inconsistent Ordinances.
All Ordinances, resolutions, and Motions of the Board of
Trugtees 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 unc6nstitutional oi i~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 in-
cluded 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, ahd it is enacted for
that pU-J;.pose--and shall be in full force and effect aftet its
passage and final publication.
Approved, adopted, and ordered
Trustees of the Town of Firestone, o
1980.
ATTEST:
_.f.??--L__:___~·=::,:•~~-:!'.::'.--o~
MTun4j::t--;, f'aul, Town Clerk
1y the Board of
d of February,
.1/
' ORDINANCE NO.
•
• AN ORDINANCE SETTING THE ANNUAL SALARY AND PAYMENT THEREOFOF
THE MUNICIPAL .;JUDGE OF THE TOWN OF FIRESTONE , .
' \~ ·• .,•~
. .
,-. :,r~-l, .J ,
.·,/·-.:~?,./.-:
-'~:.: .t<,.: ::·. Section 1.
BE IT ORDAINED BY THE BOARD OF TRUSTEES, OF THE TOWN OF FIRE.•.
"STONE, COUN'l'lC OF WELD, .STATE OF COLORADO •
' Annual Salary.
:4' ·'·.•:·! ."• , The annual salary of the Municipal Judge of the Town. ·
, .. • . 'f. ·. •. -of Firestone, Weld County, Color~do, shall be set at tlle sum ,.
' ' ·_. of 'l'HREF; THOUSAND SIX HUNDRlW AND NO/100 ($3,600.00) l)QLI,ARS •
... ,-f~~y~,;;.: :;,, Section 2, Monthly Incremen~s •
. ,·/ ,-. ......
'• l'
Said annual salary shall be payable in monthly increments
. of THREE lIUNI>RED AND NO/100 ($300.Q0) DOLLARS, each and everi month
of the year.
Section f. Salary Not Based 9n Number of Cases or eon-
Victions •
• Said annual salary or increments thereof shall in no
c-r way be directly or indirectly based upon. the number-of individual
cases handled or heard by said Municipal Judge, nor upon th~ num•
, .. ·, ber of convictions, nor ~pon revenues received from fines.
Section 4. Re~al of.Inconsistent Ordinances.
1!.11 Ordinances, resolutions, and Motions of the Board of
'l'X'Ustees of the Towl;l of Firestone or parts thereof; in conflict
/,',)'-·•' -~~·
· ·with the provisions of this Ordinance, are to the extent of such
conflict hereby superseded and repealed.
'.:i.· .. '': .. _, ... ,, Section 5. Severability.
•
the Board of
ay of February,
I I
:'../.{:_;-'. q', '
1~'.,;~,/1·~-......... .,.i;-, /· ~·1 ;_
ORDINi;.tlCE NO.
AN ORDINANCE SETTING THE ANNUAL SALARY AND PAYMENT THEREOF OF
THE MUNICIPAL JUDGE OF 'J'HE TO\'IN OF FIRESTONE.
' BE IT ORDAINED BY THE BOARD OF TRUSTEES, OF Tf!E TOWN OF FIRE-
STOfE, COUNTY.OF WELD, STATE OF COLORADO.
'I'he a·nnual salary of the Municipal Judge of the Tmm
of Firestone, Weld County, Colorado, shall be set at the sum
of 'I'HREE THOUSAND SIX HUNDRED AND NO/100 ($3,600.00) DOLLARS.
Section 2. Monthly Increments.
Said annual salary shall be payable in monthly increments
of TiJREE IIUIWRED AND NO/1.00 ($300.00) DOLLARS, each and every month
of tne 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 individual.
cases handled or heard by said Municipal Judge, nor upon the num-
ber of convictions, nor upon revenues received from fines.
,;ecti.on 4. Re.£fcal of Incom;istent Ordinances. -··--,-•-.... ·---
All Ordinances, resolutions, and Motions of the Board of
'I'rustees of the Town of Firestone or parts thereof, in conflict
with the pr6visions of this Ordinance, are to the extent of such
conflict hereby superseded and repealed.
Section 5. Severability.
The sections of th.is Ordinance are hereby declared to
be severable, a,~ if any section, provisjons, 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 in-
cluded therein. It is further declared that if any provision or part
of this section, or the application thereof to any person or
ci..rcumstances, is held invalid, the reir.a:Lnder of this Ordinance
,incl the appl:i.ca t ·i,in then,of t:o othe.r, /_)(:r,-;ons shall not be effected
thereby.
In the opinion of the Board of Trustees of the Town of Fire-
stone, Weld County, Colorado, this qrdinance is necessary for the
immediate protect:j.on and preservation of the public health,
safety, convenience, and general welfare, and it is enacted for
that purpose and sha 11 be i.n full force and ef feet after its
passage and final publication. . I
~pp.roved, adopted,
Trustees of the Town of
1980.
AT'l'E:ST:
ancl ordered p1:
Firestone, o
6
--------------·-·"·· ----• .-,
1y the Board of -~ : {_ j1 of Fel5ruary,
4£-~ '--b----ayer
ORDINANCE·, NO'. ' I.) '1' ,
'.. ; l ' , :. ' ~-i i '
'AN°''C)RDit,ANCE. OF THE TOWN
:ivIBNDING ·.THE. FLOOD' PLAIN
,. , ,. i , I I ,
OF FIRESTONE,
REGULATIONS.
I • , t ,. ~ ' , , \ /', I , :. , WELD COUNTY," COLORADO,
BE IT. ORDAINED BY Tim BOARD 'op TRUSTEES OF Tr'rn' TOWN OF F·I~E.:.'
STONE·: ' ' ·' 'v
Section 1.
follows:
Section 10-129 (a) is amended to read as
(a) "Appeal" means a request for review of the Local
Administrator's interpretation of any provision of this
· Ordinance· or a request for· ·a variance. ·
."''<,,.;~·section 2.
follows:
Section 10-137 is amended to read as
10-137 Designation of the Local Administrator. The Town
Clerk is hereby appointed to administer and implement this
b±-aihance· by;gr:i,inting!6r''denying development permit applications
in accordance with its provisions.
Section 3. The title paragraph of Section 10-138 is·
amended to.read as follows:
10-138 Duties and Responsibilities of Local Administrator.
Duties of the Local Administrator shall include, but not be
limited to:
Section 4.
follows:
Section 10-138(4) is amended to read as
(4) When base flood elevation data has not been provided
in accordance with Section 10-131, BASIS FOR ESTABLISHING THE
AREAS OF SPECIAL FLOOD HAZARD, the Local Administrator shall ob-
tain, review, and reasonably utilize any base flood elevation
data available from a Federal, State, or other source, in order
to administer Sections 10-140(2) (a), SPECIFIC STANDARDS, Residential
Construction, and 10-140 ( 2) (b) , SPECIFIC STANDARDS, Nonresidential
Construction.
Section 5.
follows:
Section 10-139(b) is amended to read as
(b) The Board of Adjustment shall hear and decide appeals
when it is alleged there is an error in any requirement, decision,
or determination made by the Local Administrator in the enforce-
ment or administration of this ordinance.
Section 6. 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· 7. The sections of this Ordinance,-· are hereby
declared to be severable, and if any section, provision, or
part thereof shall be held to be unconstitutional or invalid,
the remainder of this Ordinance shall continue to be 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 in-
valid, the remainder of this Ordinance and the application there-
of to other persons or si t1,1a tions shall not be effected thereby.
J
··r ·• , .. ~ ·:, ",~. -:.-:!"'
;i:r(!~[H "·
.:",;./•·7_,'
.. '.. In· the opinion of the Board of Trustees of.' thei\r~wn· ~·{ _.': .,.,\ ::.\~:}_.:.'.:_·.; __ ;'.:,. __ :_-.:. ___ •·.·./
Fir~iitone f Weld ·county', O Colorado f > this Ordinance· l._S nece~saty. .
fo_i/, the· immediate· protection and preserva ti6h lq! ,. the pubiic · \-..i?iit,_
· hea·1 th, safety, convenience, and general welfa,re ;-. :and it is
enacted; ·for the purpose and shall be in full· :f:oic:e · apd · e'ffect,·
aft~r' pas~age and final publication.1 ·,·;_, : , . ';//'/~::'
·Approved,. adopted, and ordered. ·published y the Boarq ·of >· ,.: , .· :.
Trustees of the Town of Firestone -on day of ; · \'. }, .: ;'._'··,.
·February, 1980. ·. .o, · ', ·
ATTEST:
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1 '.',:
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• ' ~ .> ....
• •
ORDINANCE NO. i-'l C/
AN ORDIIJANCE OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO,
AMENDING THE FLOOD PLAIN REGULATIONS.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE-
STONE:
Section 1.
follows:
Section 10-129 (a). is a!l'.ended to read as
(a) "Appeal" means a request for review of the Local
Administrator's interpretation of any provision of tl1is
Ordinance or a request for a variance.
Section 2.
follows:
· Section 10-137 is amended to read as
10-137 Designation of the Local Administrator. The Town
Clerk is hereby appointed to administer and implement this
Ordinance by granting or denying development permit applications
in accordance with its provisions.
Section 3. The title paragraph of Section 10-138 is
amended to read as follows:
10-138 Duties and Responsibilities of Local Administrator.
Duties of the Local Administrator shall include, but not be
limited to:
Section 4.
follows:
Section 10-138(4) is amended .to read as
(4) When base flood elevation data has not been provided
in accordance with Section 10-131, BASIS FOR ESTABLISHING THE
AREAS OF SPECIAL FLOOD HAZARD, the Local Administrator shall ob-
tain, review, and reasonably utilize any base flood elevation
data available from a Federal, State, or other source, in order
to administer Sections 10-140 (2) (a), SPECIFIC STANDARDS, Residential
Construction, and 10-140(2) (b), SPECIFIC STANDARDS, Nonresidential
Construction.
Section 5.
follows:
Section 10-139(b) is amended to read as
(b) The Board of Adjustment shall hear and decide appeals
when it is alleged there is an error in any requirement, decision,
or determination made by the Local Administrator in the enforce-
ment or administration of this ordinance.
Section 6. 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 7. The sections of this Ordinance, are hereby
declared to be severable, and if any section, provision, or
part thereof shall be held to be unconstitutional or invalid,
the remainder of this Ordinance shall continue to be 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 in-
valid, the remainder of this Ordinance and the application there-
of to other persons or situations shall not be effected thereby.
,f .. • "' ' ~
'
• •
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
after passage and final publication.
Approved, adopted, and ordered publish
Trustees of the Town of Firestone on the
February, 1980.
ATTEST:
Minn\tte Paul, Town Clerk
-2-
the Board of
d y of
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ORDINANCE NO. 13 7
/\.N ORDIUANCE OF THE TOWN OF FIRES'.rONr;' \•/ELD C'.lUN'I'Y' COLORADO'
/\J1ENDING THE FLOOD PLAIN REGULATIONS.
BE IT ORDAINED BY TI!E BOARD OF TRUSTEES or THE '!'OWN OF FIRE-
STONE:
Section l.
follows .. :
Section l.0-129(a) is an,.cnded to read as
(a) "1>.ppeal" means a request for revic'W of the Local
Adn1ini.:;trator 1 ~ interpretation of any provision of this
Ordiqance or a request for a variance.
Section 2 '.
follows:
Section 10-137 is amended to read as
10-137 Designation .of the Local Administrator. '!'he Town --. -_,. . Clerk is hereby appointed to administer and implement this
Ordiqance by grariting or denying development permit applications
in accordance with its rrovisions.
Section 3. The title paragraph of Section 10-138 is
amended to read as follows:
10-138 Duties and_ Responsibilities_ of_ Loca 1 /\dminis tra tor.
Duties of the Local /\dministrator shall include, but not be
limited to:
f,ec ti.on-~-:.
follows:
Section l.O-l3B (I!) :i.!; amended to read as
(4) When base flood elevation data has not been provided
in accordance with Section 10-131, BASIS FOR ESTABLISHING THE
AREAS OF SPECIAL FLOOD HAZARD, the Local Administrator shall ob-
tain, review, and reasonably uti1ize any ba,;e flood elevation
data available from a Federal, State, or other source, in order
to administer Sections 10-140 (2) (a), SPECIFIC STANDARDS, Residential'
Construction, and 10-140(2) (b), SPECIFIC STl'.NDARDS, Nonresidential
Cons true tion.
Section 5.
follows:
Section 10-139(b) is amended to read as
(b) The aoard of Adjustment sh~ll hear and decide appeals
,.:hen it is alleged there is an error in any requirement, dee is ion,
or determination made by the Local /\.dministrator in the enforce-
r~en t or aclministra tion of th-:i,s ordinance.
Section 6. /Ill ordinances, resolutions, and motions of
the B021rd of Trustees of the Town of Firestone, or parts thereof,
in conflict 1~ith the provisions of this ordinance,. are t,o the
extent of such conflict hereby superseded and re~ealed.
Section 7. The sections of this Ordinance,·are hereby
declared to be severable, and if any section, provision, or
part thereof shall. be held to be unconst:i.tuti.c,nal or i.nvalicl,
tl!,~ remai.nder of thi!'; Ordinance shall continue to be in full
fo.rcc a.nd effect, it being th~ legislative ~'.ntent that.this ·
Ordinapce would have been adopted even if s1ch unconstitutional
or invalid matter had not !Jeen included the. ein. It is further
declafed.that if any provision or part.of t~is section, or the
application thereof to any person or circumptances is held 1n-
v,:1l:i.d, th,-, 1:e111ai.nckr. of thip Orcii.n,1nce ancl the application there-
of to other [J<"r.sons or situa ti.ons shall. not be effected ther<;?by. I , .
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.. Iri.the opinion of the Board of Trustees of the Town of
Fireitone; Weld County~. Colorado, this Ordinance is necessary
for· the immedi.a te protection and preservation of. the public
health, safety, conventence, and general welfare, and it is
enacted, for the purpose and shall be in full force and effect
after passage a~d final publication.
Apprnv0d, adopted, and ordered publishedat;_y the Boar. d
TrustecR of tl1e Town of Firestone on 1e ___ day of
F'e!:,ruary, 1980.
of
~inne,tte Paul,. Town Clerk
-2-
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• •
AN ORDINANCE PERTAINING TO AND REGULATING WATER CONNECTION,
CAPITAL INVESTMENT AND REPAIR, AND WATER ACQUISITION FEES IN
THE TOWN OF FIRESTONE, AMENDING SECTION 11, AND SECTION 17,
CHAPTER 13 OF THE CODE OF THE TOWN OF FIRESTONE AND PERTAIN-
ING TO AND REGULATING THE TERMS AND CONDITIONS OF ANNEXATION,
AMENDING SECTION 71, CHAPTER 10, 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 1. Section 11, Chapter 13 of tl1e 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 investment,
water resource and connection charge, payable upon application
for a water tap in the Town of Firestone, as follows:
1. Residential:
Capital·
Connection Investment Water
Meter Size Charge & Repair Acquisition Total
5/8" $ 600.00 $ 600.00 $2,500.00 $3,700.00
3/4" $1,000.00 $1,000.00 $2,500.00/ variable
living unit
l" $2,200.00 $2,200.00 $2,500.00/ variable
living unit
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.
2. Commercial and Industrial:
Capital
Connection Investment Water
Meter Size Charge & Repair Acquisition Total
5/8" $ 600.00 $ 600.00 $2,500.00 $3,700.00
3/ 4" $1,000.00 $1,000.00 $3,600.00 $5,600.00
1" $2,200.00 $2,200.00 $6,400.00 $10,800.00
Taps requiring a larger meter shall be subject to negotiations
between the applicant and the Town of Firestone, and such taps
must be approved on an individual basis by the Town Board.
B. There shall be a limit on the number of living units al-
lowed per tap in residential acres as follows:
Meter Size Number of Units
5/8" 1
3/4" 2-3
l" 4-5
1-1/2" 6-12
2" 13-23
• •
C. 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 applic-
able charges set forth in this Chapter 13 have been paid.
D. 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 13-11.A.
E. 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.
F. 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. Section 17, Chapter 13 of the Code of the Town
of Firestone is hereby amended to read as follows:
13-17. Time Limitation on Tapping.
Each water tap permit issued by the Town of Firestone pur-
suant to this Code shall expire 180 days after the issuance of
the permit unless the tap applied for has been physically made
during the 180 day time period and unless the construct.ion of
the premises for which the tap has been issued has been commenced.
The holder of any water tap permit may apply for an exten-
sion of the 180 day time period. Extensions may be granted only
by the Board of Trustees of the Town of Firestone for good cause
established by the permit holder. Any extension shall be limited
in time to an additional 180 day period and only one extension
shall be granted for any particular tap.
If a water tap permit expires, all charges paid to the Town
to serve the permit to the applicant shall be forfeited and are
non-refundable.
Section 3. Paragraph D., of Sections 71, Chapter 10 of the
Code of the Town of Firestone is hereby amended to read as follows:
10-71. Terms and Conditions of Annexation.
D. The owner, as a condition to annexation, must agree to
furnish to the Town of Firestone the following minimum water
rights in connection with his annexation:
1.-Residential. There shall be one acre foot of water
required of the owner or his assign or successor in interest for
every living unit in areas zoned residential in the annexation.
Title to the requisite water shares shall be deliverable to the
Town at the time of final platting of any re.sidential area in the
annexation. No plat shall receive final approval until the Town
is possessed of all shares required for the platted area. An
owner, his assign or successor in interest having furnished to
the Town the requisite water shares pursuant to this requirement
shall receive full credit therefor against any water acquisition
fee required by the Town upon application for building permit.
2. Commercial and Industrial. The owner shall furnish
three acre feet of water for every gross acre of the annexation
zoned commercial or industrial. This requirement shall be met at
the time of annexation. At the time a building permit is applied
-2-
• • • •
for on any subdivided lot in an industrial or commercial area,
the applicant for the building permit shall be required to pay
the water acquisition fee then in force by the Town of Firestone
but shall receive credit against that water acquisition fee ac-
cording to the following formula. Area of the parcel for which
the building permit is applied for divided by the net developable
area, zoned commercial or industrial, in the initial annexation
times $2,500.00 times the number of shares contributed for the
commercial and industrial land annexted.
3. In addition, the owner shall offer to sell all
remaining water rights appurtenant to his property to the Town
at the fair market value to be determined by a competent appraiser
chosen jointly by the owner and the Town. Furthermore the land
owner shall petition for inclusion of the property in the Northern
Colorado Water Conservancy District if the property sought to be
annexed is not already in that District.
4. All water shares required under this Section D.,
shall be Northern Colorado Water Conservancy District water
shares or such other shares as the Town may agree to accept in
lieu thereof.
Section 4. 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. 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 in-·
eluded 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 after passage and final
publication.
Approved, adopted,
Trustees of the Town of Firestone
1980.
ATTEST:
Town Clerk
\
-3-
ORD I NANCE NO. . / ,;/ 0
AN ORDINANCE PERTAINING TO AND REGULATING WATER CONNECTION,
CAPITAL INVESTMENT AND REPAIR, AND WATERACQUISITION FEES IN
THE TOWN OF FIRESTONE, AMENDING SECTION 11, AND.SECTION 17,
CHAPTER 13 OF THE CODE OF THE TOWN OF FIRESTONE AND PERTAIN-
ING TO AND REGULATING THE TERMS AND CONDITIONS OF ANNEXATION,
AMENDING SECTION 71, CHAPTER 10, 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 1. 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 investment,
water resource and connection charge, payable upon application
for a,-wa ter tap in the Town of Firestone, as follows: -·-
1. Residential:
Meter Size
5/8"
3/4"
1"
_ Connection
Charge
$ 600.00
$1,000.00
$2,200.00
Capital 1 -;,
Investment
& Repair
$ 600.00
.. $1,000.00
$2,200.00
Water
Acquisition
$2,500.00
Total
$2,500.00/ variable
living unit-
$2,500.00/ variable
living unit
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.
2. Commercial and Industrial:
Capital
Connection ·, Investment Water
Meter Size Charge & Repair Acauisition Total •
5/8" $ 600.00 $ 600.00 $2,500.00 $3,700.00
3/ 4" $1,000.00 $1,000.00 $3,600.00 $5,600;00
1" $2,200.00 $2,200.00 $6,400.00 $11,000.00
Taps requiring a larger meter shall be subj~ct to negotiations
between the applicant and the Town of Firestone, and such taps
must be approved .. on an indTvfdu·a.1 basis by ·the Town Board~ ····
B. There shall be a limit on the number of living units al-
lowed per tap in residential acres as follows:
Meter Size
5/8"
3/4"
l"
1-1/2"
2"
Number of Units
1
2-3
4-5
6-12
13-23
•
C. 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 applic-
able charges set forth in ci1is Chapter 13 have been paid.
D. 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 13-11.A.
E. 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.
F. 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. Section 17, Chapter 13 of the Code of the Town·
of Firestone is hereby amended.to read as follows:
13-17. Time Limitation on Tapping.
Each water tap permit issued by the Town of Firestone pur-
suant to this Code shall expire 180 days after the issuance of
the permit unless the tap applied for has been physically made
during the 180 day time period and unless the construction of
the premises for which the tap has been issued has been commenced.
The holder of any water tap permit reay apply for an exten-
sion of the 180 day time period. Extensions may be granted only
by the Board of Trustees of the Town of Firestone for good cause
established by the permit holder. Any extension shall be limited
in time to an additional 180 day period and only one extension
shall be granted for any particular tap.
If a water tap permit expires, all charges paid to the Town
to serve the permit to the applicant shall be forfeited and are
non-ref.undable.
Section 3. Paragraph D., of Sections 71, Chapter 10 of the
Code of the Town of Firestone is hereby amended to read as follows:
10-71. Terms and Conditions of Annexation.
D. The owner, as a condition to annexation, must agree to
furnish to the Town of Firestone the following minimum water
rights in connection with his annexation:
1. Residential. There shall be one acre foot of water
required of the owner or his assign or successor in interest for
every living unit in areas zoned residential in the annexation.
Title to the requisite water shares shall be deliverable to the
Town at the ·time of final platting of any residentia•l area in the
annexation. No plat shall receive final approval until the Town
is possessed of all ,shares required for the platted area. An
owner, his assign or successor in interest having furnished to
the Town the requisite water shares pursuant to this requirement
shall receive full credit therefor against any water acquisition
fee required by the Town upon application for building permit.
2. Commercial and Industrial .. , The owner shall furnish
three acre feet of water for every gross acre of the annexation
zoned commercial or industrial. This requirement shall be met at
the time of annexation. At the time a building permit is applied
-2-
C
L
for on any subdivided lot in an industrial or commercial area,
the applicant for the building permit shall be required to pay
the water acquisition fee then in force by the Town of Firestone
but shall receive credit against that water acquisition fee ac-
cording to the following formula. Area of the parcel for which
the building permit is applied for divided by the net developable
area, zoned commercial or industrial, in the initial annexation
times $2,500.00 times the number of shares contributed for the
commercial and industrial land annexted.
3. In addition, the owner shall offer to sell all
remaining water rights appurtenant to his property to the Town
at the fair market value to be determined by a competent appraiser
chosen jointly by the owner and the Town. Furthermore the land
owner shall petition for inclusion of the property in the Northern
Colorado Water Conservancy District if the property sought to be
annexed is not already in that District.
4. All water shares required under this Section D.,
shall be Northern Colorado Water Conservancy District water
shares or such other shares as the Town may agree to,accept in
lieu thereof.
Section 4. 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. 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 in-
cluded 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 after passage and final
publication.
Approved, adopted, and ordered
Trustees of the Town of Firestone o
1980.
ATTEST:
-3-
e Board of
of February,
I.
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i\N ORDINANCE PERill~JllNG TO AND REGULATING Wl\'I'ER CONNECTION,
CAP ITAL INVESTMENT AND REPAIR, AtJD WATER ACQUISI'l'ION FEES IN
THE TOWN OF FIRESTONE, AMENDING SECTION 11, AND SECTION 17,
CHAPTEP. 13 OF THE CODE OF THE TOWN OF FIRESTONE AND PERTAIN-
ING TO l\ND REGULATING THE TERMS AND CONDITIONS OF ANNEXJ\.TION,
N•lEHDING SECTION 71, CHAPTER 10, OF THE CODE OF THE TOWN QF
FIRES'l'ONE.
BE IT ORDAINED T.l_Y 'l'HE BOARD OF 'J'Rl.JS'l'f.;;f:S OP THE 'J'OWN OP FIHE-
. /oT0'ciE, WELD COliH'f"{, COLOfU\DO:
Section 1. , Section 11, Chapter 13 of the Code of th~ Town
of Firestone is hereby amended to read as follows:
13-11. Water Connection Charges Established.
A. There is hereby imposed a uniform capital investment,
water resource 9 ntf connection charge, payable upon applicq tion
for a water tap in the Town of Firestone, ~s follows:
L-Residential:
capital
Connection Investment Water
/.Jeter Size Cllarge & Ref!air Acauisition Total
5/~" ¢ 600.00 $ 600.00 $2,:500.0rJ $3,700.00 ,;
3/4 11 $1,000.00 ,$1,000.00 $2,500.00/ variublc
living unit
l" $2,200.00 $2,200.00 $2,500.00/ varic1ble
living unit
Taps requiring a larger 1neter shall be subject to negotiation
between the applicant and the Town of Firestone, and such taps
mu8t be approved on ar1 individual basis by the Town Board.
2. Commercial and Industrial~
Capital
Connection Investment Water
tletcr C' ' •• 1 ze Charge & Repair Acouisition Total
5/8" $ 600.00 $ 600.00 $2,500.00 $3,700,00
3/4" $1,000.00 $1,000.00 $3,600.00 $5,600.00
'1 II $2,200.00 $2,200.00 $6,400.00 $11,000.00
'l'aps reguir ing a larger meter sha 11 be subject to negotiations.
between the applicant and the Town of Firestone, and such taps
must be approved bn an individual basis by the Town Board.
B. There $hall be a limit on the number of living upits al-
lowed ,,er tap ir1 residential acres as follows: . . , I
Meter ;3i ze Number of Units
'• 5/8" 1
3/~" 2-3
l" 4-5
1-1/2" 6-12
-l 2" 13-23
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C. No water tap or connection shall be made to the Town
I of Firestone water system unless a permit is first obtained
from the Town Clerk for such tap or connection and all applic-
ab.!u charr;es ,;et J'orth in this Chapl;(~r 13 have been paid.
D. All c·onnections 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
1s included in the fee set forth in 13-11.A, ·
1,:. All connc:ctions or taps shall be mack i.n conformance
with specification~ as may be promulgated by the Board of Trus~ees
and shall be made under the supervision of the Building Inspector.
f· After such tap or connection is made and accepted, the
Town of Firestone shall be th~ 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. Section 17, Chapter 13 of the Code of the Town
of , 1:' i.re st oiie--f"s hereby aIT)ended to reqd a·s fol lows:
13-17. Time Limitation on Tapping.
Each water tap permit issued by the Town of Firestone pur-
suant to this Code shall expire 180 days after the issuance of
~he permit unless the tap applied'for has been physically made
during the 180 day time period and unless the construction of
the premises for ~1ich the tap has been issued has been commenced.
rrhr, holder of any water tap permit rr.ay apply for an exten-
sion ~f the 180 day time period .. Extensions may be granted only
hy the Board of Trustees of the Town of Firestone for good cause
established by the permit holder. Any extension shall be limited_
in time to an additional 180 day period and only one extension
shall be granted for any particular tap.
If a water tap permit expires, all char.cJ<:c,c.; pc1:i.d to the Tovm
to ~erve tl1e pcrml.t to the applicant shall be forfeited and are
non-refundable.
Section 3.
Code of the Town
Paragraph D., of Sections 71, Chapter 10 of ~he 1
of Firestone is.hereby amended to read as follo0s:
10-71. Terms and Conditions of Annexation.
D. The owner, as a condition to annexation, muit agree to
furnish to the Town of Firestone the following minimum water
ri<JhU, in connection with his annexation:
1. Residential. There shall be one acre· f9ot of water
required of the owner or his assign or successor in interest for
every 1 iv ing unit in areas zoned residential in the -amrexa tion ..
Title tc the reauisite water shares shalL be deliverable ,to the
Town at the timi of•finai platting•o; any residential ~rea in the
annexation. No plat shall receive final approval until the TOwn
is possessed of all shares required for the platted area, An
owner:, h:i.s as:,.i<Jn or c;uccossor in .i.nterest having furnished to
the Town the requisite water shares pursuant to this requirement
shall receive full credit therefor against any water acquisition
fee required by the Town upon application for bµild:i.ng permit.
2 .. commercial and Industrial. The owner shall. furnish
three acne fe~t of water for every gross acre;of the annexation
zoned cornmc'.rcial or industrial. 'l'hip requirement sl"\all be met at.
tile t.i1nc, of anncxat.ion._ At the tirnel a building permtt is applied
-2-
for on any subdivided lot in an industrial or commercial area,
the applicant for the building permit shall be required to pay
the water acquisition fee then in force by the Town of Firestone
but shall receive credit against that water acquisition fee ac-
cording to the following formula. Area of the parcel for which
the building permit is applied for divided by ~he riet developable
area, zoned commercial or industrial, in the initial annexation
times $2,500.00 times the number of shares contributed for the
commercial a'nd industrial land annextecl.
3. In addition, the owner shall. offer to sell all.
remaining water rights appurtenant to his property to the Town
r.i.t the fair, markc;t value to be determined by a competent appraiser
chosen jointly by the owner and the Town. Furthermore the l~ncl
owner shall petition for inclusion of the property in the Northern
Colorado Wa te·r Conservancy District if the property sought to be
annexed is not already in that District.
4. All water shares required under th is Section D.,
shall be Northern Colorado Water Conservancy Dist~ict water
shares or such other shares as the Town may aqree to accept in
li.eu thereof.
Section 4. All Ordinances, Resolutions, and Motions of the
Board of Trustees of the Town of Fir~stone or parts thereof, i~
conflict with the provisions of this Ordinance, are to the extent
of such conflict hereby superseded and repealed.
Section 5. 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 in-
cluded therein. It is further declared that if any pro~ision or
part of this section, or the appli6ation 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.
Jn the opinion of the Board of Trustees of the Town of Fire-
stone, Weld County, Colorado, this Ordinance is necessary for the
iwnediate 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 after passage and final
publication.
Approved, adopted, and ordered lish d. y ttje Board of i\:; '."" of the •rowo of foes tooo ;J" o -/!J:l of Pobrnary,
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ORDINANCE NO. /'-/ (
AN ORDINANCE AUTHORIZING THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE TO TRANSFER AND DISPOSE OF CERTAIN REAL ESTATE OWNED
BY THE TOWN OF FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO:
Section 1. Pursuant to the powers contained 'in C.R. S.
31-12-102, 1973, the Board of Trustees for the Town of Firestone
hereby authorizes the transfer of the following described prop-
erty currently reflecting some legal interest by the Town of
Firestone and that the Mayor or Mayor Pro Tern, together with the
Town Clerk be authorized to execute such deed or deeds as may be
required.to transfer the Town interest in said property, said
transfer being necessitated in order to correct a technical error
in the records of Weld County:
Lots 37, 38, 39, 40, Block 22,
Town of Firestone, Weld County,
Colorado.
Section 2. , That the hereinabove described real estate
is not being used or held by the Town of Firestone as or for
waterworks, ditches, gasworks, electric lightworks, or other
public utility, public buildings, or as real property used or
held for park purposes, or real property used or held for any
other governmental purpose.
Section 3. This transfer is being made to the Town of
Frederick to correct an administrative error in a Weld County
deed recorded at Book 1439, Page 77, Reception No. 1220623, re-
corded January 5, 1956, in the Records of Weld County, Colorado,
in that said deed at one point names the Town of Firestone as a
recipient of title to Lots 37,38,39,40, Block 22, Town of Firestone,
whereas it is clear intent of the deed to transfer legal interest
to the Town of Frederick.
Section 4. In the opinion of the Board of Trustees of
the Town of Firestone, Weld County, .. Co1orado, 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
after passage and publication thereof.
Approved, adopted and ordered published by the Board of
Trustees of the Town of Firestone, at its meeting on the 6th
day of February, 1980.
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ORDINANCE NO. ;.,-/ /
AN ORDINANCE AUTHORIZING TiJE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTOi'/E TO TRANSFER AND DISPOSE OF, CERTAIN REAL ESTATE OWNED
BY THE TOWN OF FIRESTONE.
RE IT ORDAINED BY THE BO/\RD OF TRUSTEES OF TIIE 'l'OWN OF FIRESTONE,
\-/ELD COUNTY, COLORADO:
Section 1; Pursuant to the powers contained in C.R.S.
31-12-102, 1§73, the Board of Trustees for the Town of Firestone
hereby authorizes the transfer of the following described prop-
erty currently reflccti.rHJ some leqa L interest. py the' 'l'own of
Firestone and that the Mayor or Mayor Pro 'l'em, together with the
Town Cl~rk be authorized to exec11te suph deed or deeds as ~ay be
re~uired to transfer the Town interest in said property, said
transfer being necessitated in order to correct a technical error
in the records of Weld County:
Lots 37, 38, 39, 40, Block 22,
Town of Firestone, Weld County,
Colorado.
Section 2. That the hereinabove described real estate
:ts not beinq used or held by the Town of Firestone as or .for
waterworks, ditchbs, gasworks, electric lightworks, or other
public utility, public buildings, or as real property used or
held for park purposes, or real property used or held for any
other governmental purpose.
Section 3. This transfer is being made to the Town of
F'reiI,iiiTcr: to· corrc,ct an adinin.i.strati.ve error in a Weld County
dce,l recorded at Book J.439, Paqe 77, Reception No. 1220623, re-
corded Jan11ary 5, 1956, in !:he.Records of Weld County, Colorad6,
:in that Sil.id deed at one point names the Town of Firestone as a
recipiept of title to Lots 37,38,39,40, Block 22, Town of Firestone,
whereas it is cleiJr intent of ci1e deed to transfer legal interest
to tl1e Town of Frederick.
Section 4. In the opinion of the Boarcl of Trustees of
the-··-ri:>wn of: Firestone, vleld County, Colorado, this Ordinance is
necessary for the, immediate protc;ction and preserva ti.on of the
p1,blic health, safety, 1;onvcnience and qeneral welfare, ilnd it is
enacted for that purpose and shall be in full force and effect
after passage and publication thereof.
Approved, adopted and ordered published by the Board of
Trustees of the Town of Firestone, at its meeting on the 6th
doy of Mrnocy, 1980. dn d ;.J
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ATTEST:
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ORDINANCE NO. ;,/ I
AN ORDINANCE AUTHORIZING THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE TO TRANSFER AND DISPOSE OF CERTAIN REAL ESTATE OWNED
BY THE TOWN OF FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO:
Section 1. Pursuant to the powers contained in C.R.S.
31-12-102, 1973, the Board of Trustees for the Town of Firestone
hereby authorizes the transfer of the following described prop-
erty currently reflecting some legal interest by the Town of
Firestone and that the Mayor or Mayor Pro Tern, together with the
Town Clerk be authorized to execute such deed or deeds as may be
required to transfer the Town interest in said property, said
transfer being necessitated in order to correct a technical error
in the records of Weld County:
Lots 37, 38, 39, 40, Block 22,
Town of Firestone, Weld County,
Colorado.
Section 2. That the hereinabove described real estate
is not being used or held by the Town of Firestone as or for
waterworks, ditches, gasworks, electric lightworks, or other
public utility, public buildings, or as real property used or
held for park purposes, or real property used or held for any
other governmental purpose.
Section 3. This transfer is being made to the Town of
Frederick to correct an administrative error in a Weld County
deed recorded at Book 1439, Page 77, Reception No. 1220623, re-
corded January 5, 1956, in the Records of Weld County, Colorado,
in that said deed at one point names the Town of Firestone as a
recipient of title to Lots 37,38,39,40, Block 22, Town of Firestone,
whereas it is clear intent of the deed to transfer legal interest
to the Town of Frederick.
Section 4. In the opinion of the Board of Trustees of
the Town of Firestone, Weld County, co,16rado, 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
after passage and publication thereof.
Approved, adopted and ordered published
Trustees of the Town of Firestone, at its
day of February, 1980.
ATTEST:
Town ~1-erk
by the Board of
eeting n the 6th
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ORDINANCE NO., / r/:Z
AN ORDINANCE AMENDING THE CODE OF THE TOWN OF FIRESTONE BY
IMPOSING A SALES TAX ON THE SALE OF TANGIBLE PERSONAL PROPERTY
AT RETAIL OR THE FURNISHING OF SERVICES AS PROVIDED IN COLO-
RADO REVISED STATUTES 1973, 29-2-105, AS AMENDED, AND BY IM-
POSING A USE TAX ONLY FOR THE PURPOSE OF THE PRIVILEGE OF STOR-
ING, USING, OR CONSUMING IN THE TOWN OF FIRESTONE ANY CONSTRUC-
TION AND BUILDING MATERIALS AND MOTOR AND OTHER VEHICLES ON
WHICH REGISTRATION IS REQUIRED, PURCHASED AT RETAIL, AS PROVIDED
IN COLORADO REVISED STATUTES 1973, 29-2-109, AS AMENDED, UPON
APPROVAL OF REGISTERED ELECTORS OF THE TOWN OF FIRESTONE AT THE
REGULAR MUNICIPAL ELECTION, APRIL$, 1980.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO, AS FOLLOWS:
Section 1. A,\\endment of the Code of the Town of Firestone.
Chapter 6 of the Code of the Town of Firestone is amended by
establishing PART I, entitled "GENERAL FINANCIAL PROVISIONS".
PART I shall include Sections 6-1 through 6-12, inclusive, as
currently constituted and shall include Sections 6-13 through
6-29, inclusive, for future use. A PART II shall be established
as follows:
PART II. SALES TAX
6-30. Purpose-., The purpose of Part II of Chapter 6 of the
Code of the Town of Firestone is to impose a sales tax on the sale
of tangible personal property at retail or the furnishing of ser-
vices as provided in paragraph (d) of subsection (1) of Colorado
Revised Statutes 1973, 29-2-105, as amended, upon every retailer
in the Town of Firestone.
6-31. Definitions. For the purpose of Part II, Chapter 6
of the Code of the Town of Firestone, the definition of words
contained in this Part II shall be as defined in Part 102, Article
26, Title 39, Colorado Revised Statutes, 1973, as amended, and
are incorporated by reference in this Code.
6-32. Property and Services Taxed.
(a.) There is hereby imposed and there shall be col-
lected on sales of tangible personal property at retail and the
furnishing of services as provided in Colorado Revised Statutes,
1973, 39-26,-104., as amended, a tax equal to two percent (2%) of
the gross receipts, and subject to the same exemptions as those
specified in Colorado Revised Statutes, 1973, 39-26-114, as
amended. The provisions of Colorado Revised Statutes 1973, 39-
26-104 and 39-26-114, as amended are incorporated bv reference
herein except as may be specifically modified.
(b.) The tax defined herein shall be applicable to the
sales of food, the purchase of machinery or machine tools and the
furnishing of services on sales and purchases of electricity, coal,
gas, fuel oil and cike for domestic and commercial consumption as
well as other sales of tangible personal property and services.
( c.) The amount subject to tax shall not include the
amount of any sales or use tax imposed by Article 26 of Title 39,
Colorado Revised Statutes, 1973, as amended.
(d.) The gross receipts shall include delivery charges,
when such charges are subject to the State sales and use tax im-
posed by Article 6 of Title 39, Colorado Revised Statutes, as amended,
regardless of the place to which delivery is made.
(e.) The imposition of the tax on individual sales
shall be in accordance with schedules set forth in the rules and
regulations promulgated by the Department of Revenue or by separate
Ordinance of the Town of Firestone.
• •
6-33. General Provisions.
(a.) For the purposes of this Article, all retail
sales are consummated at the place of business of the retailer,
unless the tangible· personal property sold is delivered by the
retailer or his agent to a destination outside the limits of
the Town or to a common carrier for delivery to a destination
outside the limits of the Town.
(b.) In the event a retailer has no permanent place
of business in the Town, or has more than one place of business,
the place or places at which the retail sales are consummated
for the purpose of the sales tax imposed by this Article shall
be determined by the provisions of Article 26 of Title 39, Colo-
rado Revised Statutes 1973, as amended, and by rules and regula-
tions promulgated by the Department of Revenue of the State of
Colorado.
6-34. Collection, Administration and Enforcement.
(a.) The collection, administration and enforcement
of the sales tax imposed by this Article shall be performed by
the Director of Revenue of the State of Colorado in the same
manner as the collection, administration and enforcement of the
Colorado State Sales Tax. Accordingly, the provisions of Articles
26 and 21 of Title 39 and Article 2 of Title 29, Colorado Revised
Statutes, 1973, as amended, and all rules and regulations promul-
gated by the Director of Revenue pertaining to such collection,
administration and enforcement, are incorporated herein by this
reference.
(b.) At the time of making his monthly return of the
tax, as required by this Article, every retailer shall be entitled
to subtract from the tax so remitted a sum equal to three and one-
third percent (3-1/3%) of said tax as his fee, said fee to be
known as the "Vendor's Fee".
(c.) If said retailer shall be delinquent in remitting
said tax, he shall forfeit the three and one-third percent pro-
vided in subsection 6-34(b), unless good cause be shown for such
delinquent remittance.
6-35. Disposition of Tax Revenues. All revenues derived
from the imposition of the sales tax as set forth in this Part
II shall be deposited to the General Fund of the Town of Firestone.
6-36. Exemptions. All sales of personal property on which
a specific ownership tax has been paid or is payable shall be
exempt from the Town sales tax when such sales meet both of the
following conditions:
(a.) The purchaser is a nonresident of, or has its
principal place of business outside the Town of Firestone; and,
(b.) Such personal property is registered or required
to be registered outside the limits of the Town of Firestone under
laws of the State of Colorado.
6-37. Licenses.
(a.) It shall be unlawful for any person to engage
in the business of selling tangible personal property at retail,
or to furnish certain services as herein specified, without first
having obtained a license therefor, which license shall be grant-
ed and issued by the Town Clerk, and shall be in force and effect
until the thirty-first day of December of the year in which it is
issued, unless sooner revoked. Such license shall be granted or
renewed only upon application stating the name and address of the
person desiring such license, the name of such business and
location, and such other facts as the Town Clerk may require.
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(b.) It shall be the duty of each such licensee
on or before January first of each year during which this
Article remains in effect, to obtain a renewal thereof if
the licensee remains in retail business or liabie to account
for the rax herein provided, but nothing herein contained shall
be construed to empower the Town Clerk to refuse such renewal
except revocation for cause of licensee's prior license.
(c.) For each license issued, a fee of $2.00 shall
be paid which fee shall accompany the application together with
an additional fifty cents for filing fee. A further fee of
$2.00 shall be paid for each year or fraction thereof for which
said license is renewed, together with an additional fee os fifty
cents for filing fee; provided that only one-half of said $2.00
fee shall be charged on licenses issued after July first of any
year.
(d.) In case business is transacted at two or more
separate places by one person, a spearate license for each place
of business shall be required.
(e.) Each license shall be numbered and shall show the
name, residence and place and character of business of the
licensee and shall be posted in a conspicuous place in the place
of business for which it is issued. No license shall be transfer-
able.
(f.) Any license may be revoked for cause as provided in
39-26-103, Colorado Revised Statutes, 1973, as amended, which pro-
vision is incorporated herein by this reference.
(g.) No license shall be required for any person engaged
exclusively in the business of selling commodities which are
exempt from taxation under this Article.
(h.) Any person engaged in the business of selling
tangible personal property at retail, or the furnishing of cer-
tain services as herein specified, without having first secured
a license therefor as provided in this Part II, shall be guilty
of a violation of this Part II.
6-38. Amendments. The Board of Trustees, by a majority vote,
may amend, alter or change this Article, except as to the two per-
cent (2%) rate of tax herein imposed, and except as to the disposi-
tion of revenues derived therefrom, as set forth in Section 6-35.
Such amendment, alteration or change need not be submitted to the
electors of the Town for their approval.
(6-39 and 6-40 left for future use.)
Section 2. Amendment of the Code of the Town of Firestone.
Chapter 6 of th·e Code of the Town of Firestone is amended by
establishing PART III as follows:
PART III. USE TAX
6-41. Purpose. The purpose of Part III of Chapter 6 of
the Code of the Town of Firestone is to impose a Use Tax on the
privilege of storing, using, or consuming in the Town of Firestone
any construction and building materials and motor and other vehicles
on which registration is required, purchased at retail outside the
Town.
6-42. Definitions. For the purpose of Part III, Chapter 6
of the Code of the Town of Firestone, the definition of words
contained in this Part III shall be as defined in Part 102, Article
26, Title 39, Colorado Revised Statutes, 1973, as amended, and
are incorporated by reference in this Code.
6-43. Disposition of Tax Revenues.
from the imposition of the Use Tax as set
shall be deposited to the General Fund of
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All revenues derived
forth in this Part III
the 'lown of Firestone.
• •
' 6-44. Exemptions. The use tax imposed by this Part III
shall not apply:
(a.) To the storage, use, or consumption of any tangible
personal property the sale of which is subject to a retail sales
tax imposed by the town, city, or county;
(b.) To the storage, use, or consumption of any tangible
personal property purchased for resale in the town, city or county,
either in its original form or as an ingredient of a manufactured.
or compounded product, in the regular course of a business;
(c.) To the storage, use, or consumption of tangible
personal property brought into the town, city, or county by a
nonresident thereof for his own storage, use, or consumption while
temporarily within the town, city, or county; however, this exemp-
tion does not apply to the storage, use, or consumption of tangible
personal property brought into this state by a nonresident to be used
in the conduct of a business in this state;
(d.) To the storage, use, or consumption of tangible
personal property by the United States government or the state of
Colorado, or its institutions or political subdivisions, in their
governmental capacities only or by religious or charitable corpor-
ations in the conduct of their regular religious or charitable
functions;
(e.) To the storage, use, or consumption of tangible
personal property by a person engaged in the business of manufactur-
ing or compounding for sale, profit, or use any article, substance,
or commodity, whic~ tangible personal property enters into the pro-
cessing of or becomes an ingredient or component part of the pro-
duct or service which is manufactured, compounded, or furnished
and the container, label, or the furnished shipping case thereof;
(f.) To the storage, use, or consumption of any article
of tangible personal property the sale or use of which has already
been subjected to a sales or use tax of another town, city, or
county equal to or in excess of that imposed by this article. A credit
shall be granted against the use tax imposed by this article with
respect to a person's storage, use, or consumption in the town, city,
or county of tangible personal property purchased by him elsewhere.
The amount of the credit shall be equal to the tax paid by him by
reason of the imposition of a sales or use tax of another town,
city, or county on his purchase or use of the property. The amount
of the credit shall not exceed the tax imposed by this article.
(g.) To the storage, use, or consumption of tangible
personal property and household effects acquired outside of the town,
city, or county and brought into it by a nonresident acquiring
residency;
(h.) To the storage or use of a motor vehicle if the
owner is or was, at the time of purchase, a nonresident of the
town; city, or county and he purchased the vehicle outside of the
town, city, or county for use outside the town, city, or county,
and actually .so used it.for a substantial and primary purpose for
which it was acquired and he registered, titled, and licensed
said motor vehicle outside of the town, city, or county;
(i.) To the storage, use, or consumption of any con-
struction and building materials and motor and other vehicles on
which registration is required if a written contract for the pur-
chase thereof was entered into prior to_ the effective date of such
use tax;
(j.) To the storage, use, or consumption of any construc-
tion and building materials required or-made necessary in the perform-
ance of any construction contract bid, let, or entered into at any
time prior to the effective date of such use tax ordinance, resolu-
tion, or proposal.
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6-45. Application of Use Tax.
, . (a.) Building and construction. There is imposed
on the privilege of storing, using or consuming any construc-
tion and building materials of every kind and form purchased
outside the Town for use, storage or consumption within the
Town a use tax of two percent of the retail purchase price of
the construction or building materials.
(b.) Payment requirements. The use tax imposed by
Section 6-45(a.) shall be paid by estimate through payment to the
Town Clerk of an amount equal to fifty percent of the total cost
of the project as indicated on the application for the Town build-
ing permit and shall be evidenced by the issuance of a building
permit by the Town building inspector.· Provided, however, exemp-
tion from payment of any further sales or use tax for the materials
to be used, stored or consumed pursuant to such building permit.
(c.) Collection and administration. The collection
and administration of the use tax imposed by this Part III shall
be performed by the Town Clerk in substantially the same manner
as the collection, administration and enforcement of the Colorado
Sales and Use Tax as provided in Article 2, Title 29, CRS 1973,
as amended. The Board of Trustees is authorized to promulgate
such additional rules and regulations as may be necessary for
the proper administration or enforcement of this Part III·."
(d.) Imposed--Amount. There is imposed on the privilege
of using, storing or consuming every motor vehicle purchased out-
side the Town by any resident of the Town for the purpose of use,
storage or consumption within the Town a use tax in the amount of
two percent of the retail purchase price of the motor vehicle.
(e.) Applicability. The use tax imposed by Section
6-45(d) shall be applicable to every motor vehicle for which
registration is required by the laws of the State of Colorado.
(f.) Payment prerequisite to registration and is-
suance of title. No registration shall be made of any motor
vehicle for which registration is required, and no certificate
of title shall be issued for such vehicle by the Department of
Revenue or its authorized agents, until any tax due upon the use,
storage or consumption thereof pursuant to the ordinance codified
in this chapter has been paid.
(g.) Collection. The use tax imposed by Section 6-45(d)
shall be collected by the authorized agent of the Department of
Revenue in the county in which the purchaser resides.
(h.) Proceeds--Payment by county to Town--Agreement.
The proceeds of the use tax imposed by Section 6-45(d) shall be
paid to the Town periodically in accordance with an agreement enter-
ed by and between the Town and the authorized county agent of the
Department of Revenue.
(i.) Administration and enforcement agreements authorized.
The Town Clerk and the Mayor are empowered to enter into and execute
on behalf of the Town any agreements necessary for the administra-·
tion and enforcement of this Part III.
6-46. Violation--Penalt.y.c Any person who shall violate any of
the provisions of this Chapter li shall be guilty of a violation
and upon conviction shall be punishable as provided in Section
1-52 of the Code of the Town of Firestone.
Section 3. Election.
(a.) Upon adoption of this Ordinance by the Board of
Trustees of the Town, this Ordinance shall be submitted to a regular
election by the qualified and registered electors of the Town of
Firestone for their approval or rejection on April f, 1980, said
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election to be conducted in accordance with the Colorado Municipal
Election Code of 1965.
(b.) The votes for and against this Ordinance shall be
tabulated and totaled as provided by said Election Law, and should
a majority of the electors voting be for the adoption of this
Ordinance, it shall become effective as in this Ordinance pro-
vided; should a majority of the electors voting be against adoption
of this Ordinance, then it shall be forthwith ineffective and
repealed and Chapter 6 of the Code of the Town of Firestone shall
remain as previously approved and adopted.
Section 4. Effective Date. Upon approval of this Ordinance
by the qualified electors as herein provided, this Ordinance shall
become effective and in force at 12:01 a.m. on the 1st day of
January, 1981. As soon as practical after said approval, the Board
of Trustees of the Town shall request the Director of Revenue of
the State of Colorado to collect, administer, and enforce this
Ordinance as herein provided and shall at the time of said request
submit a true and complete certified copy of this Ordinance and
all necessary proceeding in connection herewith to the Director of
Revenue.
Section 5. Severability. If any provision of this Ordinance
or the application thereof to any person or circumstances is held
invalid, such invalidity shall not affect other provisions or
application of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions
of this Ordinance are declared to be severable.
READ, PASSED, ADOPTED, ORDERED PUBLISHED AND ELECTION ORDERED, THE
<" day of (1 1 ,,,,-e.-/~ , 1980.
TOWN OF FIRESTONE, COLORADO:
Mayor
ATTEST:
Town Clerk
(SEAL)
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6-33. Geri~ral Provisions.
, "4: ~ -
. (a.) For the purpose~ of this Article, all retail
sales are consummated at the place of business of the retailer,
unless the tangible personal property sold is delivered by the
retailer or his agent to a destination outside the limits of
the Town or to a common carrier for delivery to a destination
outside the limits of the '!'own.
(b.) In the event a retailer has no permanent place
of business in tho Town, or has more than one place of business,
the place or places at which the retail sales are consummated
for the putpose of the sales tax imposed by this Article shall
be determined by the provisions of Article 26 of Title 39, Colo-
rado Revised Statutes 1973, as amended, and by rules and regula-
tions promulgated by the Department of Revenue of the State of
Colorado.
6-34. Collection,_Administration and Enforcement.
(a.) The collection, administration and enforcement
of the sales tax imposed by this Article shall be performed by
the Director of Revenue of the State of Colorado in the same
manner as the collection, administration and enforcement of the
Colorado State Sales Tax. Accordingly, the provisions of Articles
26 and 21 of Title 39 and Article 2 of Title 29, Colorado Revised
Statutes, l.973, as amended, and all rules and regulations promul-
gated by the Director of Revenue pertaining to such collection,
administration and enforcement, are incorporated herein by this
. .r.eference.
(b.) At the time of making his monthly return of the
tax, as required by this Article, every retailer shall be entitled
to subtract from the tax so remitted a sum equal to three and one-
third percent (3-1/3%) of said tax as his fee, said fee to be
known as the "Vendor's Fee".
(c.) . If said retailer shall be delinquent in remitting
said tax, he shall forfeit the three and one-third percent pro-
vided in subsection 6-34(b), unless good cause be shown for such
dolinquent remittance.
6-35. Disposition of Tax Revenues. All revenues derived
from the imposition of the sales taxas set forth in this Part
II shall be deposited to the General Fund of the Town of Firestone.
6-36. ~_x_emptio_~_:. All sales of personal property on which
a specific ownership tax has been paid or is payable shall be
exempt from the Town sales tax when such sales meet both of the
following conditions:
(a.) The purchaser is a nonresident of, or has its
principal place of business outside the Town of Firestone; and,
(b.) Such personal property is registered or required
to be registered outside the limits of the Town of Fire~tone under
laws of the State of Colorado.
G-37. Licenses.
(a.) It shall be unlawful for any person to engage
in the business of selling tangible personal property at retail,
or to furnish certain services as herein specified, without first
having obtained a license therefor, which license shall be gra~t-
ed and issued by the Town Clerk, and shall be in force and effect
until the thirty-first day of December of the year in which it is
issued, u11less sooner revoked. Such iicense shall be granted or
ren<iwed only upon application stating the n!'lme and address of the
person dE,siring such license, the name of such business and
location, and such other facts as the Town Clerk may require.
-2-
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, (b.) It s~all be t~e duty of each such licensee
on or before Janua~y1 first of· each 'ye,ar during which this
Ar,ticle remains, in effe'c't, ,, to obtai'r\ .a renewal thereof if
the licensee remains in retail business or liable to account
for the rax herein,·provided, but nothing herein contained shall
be construed to empower the Town Clerk to refuse such renewal
except revbcation for cause of licensee's prior license.
(c.) For E!ach licens'e issued, a fee of $2.00 shall
be paid which fee,, shall accompany th<~ application toqether with
an additional fifty cents for filing fee. A further fee of
$2.00 shall be paid for each year or fraction thereof for which
s,~id. license is renewed, together with an additional fee os fifty
c~nts:for filing fee; provided that only one-half of said $2.00
fee shall be charged on licenses issued after July first of any
year.
(d,) tri case business is transacted at two or more
se~~rate places by one person,, a spearate license for each place
of business shall be required.
, ·. ( e.) Each, license shall be numbered arid shall show· the
name, residence and pl~ce arid character of business of the
licensee and shall be posted in a conspicuous place in the place
of business for which it is issued. No license shall be transfer-
able.
,, (f.) ,Any license may be ie~oked for cause as provided in
39~26-103, Colorado Revised Statutes,1 ,1973, as amended, which pro-
vision is incorporated here~n by this reference.
( g.) ·. No license shall. be required for any person engaged
. exclusively in the ·business of selling commodities which are
exempt from taxation under this Article.
(h.). Any person engaged in the business of selling,
tangible personal property at retail, or the furnishing 6f cer-
tain services as• herein specified, without having first secured
a license therefor as provided in this Part II, shall be guilty
of a violation of this Part II. ·
6-38. Amendments. The Board of Trustees, by a majority vote,
may amend, alter or change this Article, except as to the two per-
cent (2%) rate of tax herein imposed, and except as to the disposi-,,.,
tion of revenues derived therefrom, as set forth in Section 6-35.
Such amendment, alteration or change need not be submitted to the
electors of the Town for their approval.
(6-39 and 6-40 left for future use.)
' '
Section 2. Amendment of the Code of the Town of Firestone,
Chapter 6 of the Code of the Town of Firestone is amended by.
establishing PART III as follows:
. PART III. USE TAX
6-41. Purpose. The purpose of Part III of Chapter 6 of
the Code of'the Town of Firestone is to impose a Use Tax on ,the
,, privilege 6f storing, using, or consuming in the Town of Firestone
any construction and building materials and motor and other vehicles on which registration is required, purchased at retail outside the
.. Town.
' i
6-42. Definitions. Foi the purpose of Part III, Chapter 6 , ,A
of the Code of the Town of Firestone, the definition of words ,., '//.;
. contained in this Part III shall be c1,s defined in Part, 102, Article. ·\;
26, Title .39, Colorado Revised Statutes, 1973, as amended, and 1
'
' ' are incorporated by .reference in this Code. ',si:
6-43. Disposition of Tax Revenu~~
from the imposition of the Use 'rax as set
shall be deposited to the General Fund of
-3-
All revenues derived
forth in this Part III
the 7own of Firestone.
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-~~-t-l;,jr,·,,\· •;, •,' v''·)<l-,•1,t,ft,'i,r.H"if··''''l11,,~,··:',11.'. "-'""lr•;•,j\:il:/ ·1· .. ' ;. ,"•, I " ,.," '
I;);(,', ' ', ,. ' ,<i;,.::/g444"{1 ,' E~~~pt/£d~/4,;':',}+hJ use: tax 1imposed by this Part III
~f:.•·· , 1 sh~iI,l,\ not: ~pp;y,:::,,'.,) N.~ ,,, . '·.·· , .. ;:~, ,{,
~Ill,' . ~-···.,. ·,,, ~-,i,.,:,_ .. ·.:_'•./:•.:'-:'.\:~-•~,·,:,·~-."!it:11. '·, .. :.··,'•". ' i·· •. •·_,·.-
,,-;), ,;I'.''' · 1,: , :' ·> : ., (a.)•'., ,T9 the storage, ,.,use, or consumption of any
!•','.t '.;·1 I '.,, 'per::s9nc1l proper'.ty· ,the sale of which is subject to a reta,il
fl(.!, . tc/'.K'-.imposed by the:t~wn, city, or 'county;
iJY\:/·· , · <·,:>•· ... · _,:,_: ... _.,;:,;.< ...... · .·.' ,
,;;,:,),' , , :i: ,' ·,· ·'. (b.).',•T6\tHe storage,· us.e, or· consumption ·of any tangible·
•t \·;~.• / .. .1 ' .p,e,':r~onal. propertyj:iurchased for,. ;resale in the town, city. or· county;
~
"11:,:,;·/., .,, . ,'! either. in its 'original form or as an· ingredient of a manufactured ·
1,:· , · .. ':or 'compounded '·product, in the. regular course of a business; .. ,,
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,,.: .. ,,. · •:,-:: ,,.: (c:)·,'·To.£he storage, use/ or consumption of ta'ngible ;:·,:::' i\\•!':'·, , . pe~s~nai pro~~rty bro,ught, into the town, city, or county by a . . , '
~'i, :•. , , .. ,., , . nonresident, thereof., for his own storage, use, or consumption while
~ih ', . · temporarily within:·the town, ·city, or county; however, ,this exemp-
~f/, · t:ion does ncit i;ipply, to the storage, use, or consumption of tangible . / ~~l' .'. personal property brqughti into this state by a n.onresideht to be used·•:,', ~~. ";, in the conduct o( a business in this state; · . ;,, · ~,,'(I:,, . '' .·. ,•,,,.' ,';,
,,'./,.::: . ,1 ··• · /d.) ,;6, the stoi&ge, 'use, o: consumption of t~ngible ,,//i ln,(: ," ~:i:so~al pr.operty by;,the ,United States government or the' state of ~"if!:
~ ", · ,. Cqlqradq', •or.its, institutions. or political subdivisions,· in their ".·;
l'J'·:-;i. : . governmental capacities only or by religious or charitable corpor-'. ,i; 1/;':J·; a,tions in the conduct of their regular religious or charitable
~1_·;:j;\/\ .. i·. f~nct--ions; :· -•., f
l~t·•::···, ',h ·.. ' . I .
i:\>.: ' ,· · : . 1.: , ,· ( e;) To the.• storage,' use, or ·consumption of tangible . , ,
·•;Jt 1 personal property by a person engaged in the business of man'ufactur.: •.·•,. •.
• . ing or. compounding ,for sale, profit·,·, or use any article, substance, ·.··, '
· 11,} . or cornmodi ty, which· tangible personal property enters into the pro-· 1 .. ,
, ;/•":I. cess{ng of or becomes •'an ingredient or component part of the pro-· .,
11\\. ' duct or ser .. vice which·. is manufactured, compounded, or furnished &:;/:·., ', and the containe·r,. li3-bei', or, the fµrnished shipping case thereof; · {
j• · .· .. ;:,,·, (f;) .To. the·storage,' use,:.:Or consumption.;of any article ,,, ti' , of t~'ngible. personal property the sale or use of which has already · · ·' ,Jf),·, been subjected to·a·sale.s or.use tax of another town, city, or· .-'.',( :J:.\ , county· equal, to or iri excess of that imposed by this article. A credit :J/t,, ', . stiall be grante,d agp~nst the µse tax imposed by this article .with , ,
~,,· ,. , respect .. to a person's ·storage, use,· or consumption 'in the. town, city;::
"{i> · , , or, county of tangible personal property purchased by him elsewhere ..
1 The amount of ,the credit shall be equal to the tax 'paid, by him by
'·1. reason of· the imposition· of a sales or use tax ·of another ·town,
city,' 'or county. on his· purchase or use, of the property. , The amount • ,,
of, the credit shall. not exceed the tax imposed by this article. ·' \ , . (/, ,_·~
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' ' ' ; I '' (g.) ' To the sto;age, use, or consumption of. tangible
· personal-propertY and household effects acquired outside of the
city., :,or county and brought into it by a nonresident acquiriIJJ
. rei; id ency; · · ·
l'J::., ,t .. ' ,,,,
1,1-~,· r' :, l ' . • . 'if:,:? /1 (h;) To the storage or use of a motor vehicle i.f the
,. ,ii',·. , .,· · o.wner, is or wai;, . at. the time of purchase, a nonresident of the
:ip,,;' I ' f ,' 'tow~/ 'city I'. or county qnd he purchased the vehicle, outside o'f the
I · · ~·.: .. 'town;., city,·. or county, for ui;e out'side the town,' city, or ,county,•.:
I +: ,,,; •·· arid /ic;t\.ially so used it', ,for a substantial and primary puq:lOSe fc:ir
· ;t\', ; · ,, ·. which'., J t. was·, a,q!ipired and he registered, titled,, and 1 icensed · . :
l•\1-'.' ·'';; ., . sa,id ,motor vehicle outside o.f .the.town, city, or county; l~,,.· ..... :'.·,,.·;, . , . .._ .. . , .
, •' '.' 'j ''.•/•)' :t',•',''••.:'' , ' ', , • ., •I/ ' ' I
1f;L,~;\, . ,1;;,1,: ,'
1
, ''./>· ': l6;J '·To the storage, use, o:i;: consumption of,any con-
t".,,, .. '·' . . str,uct1<;>1') ;i:tpd l;lufl,ding materials and motor and. other vehicles on
k;' ''1' • •:·1' which, iegis':tra ti,011 i~ requ~red if. a \'lri tte11 contra~t for ,the pur-,' j!:':,',•/', !(·::.;.o: chase'\ thereof was entered into·,, prior. to ·,the effective date of such
·.~• ·;.";;.,\ ';",'·\ :: ·us·e .tax; ' ,),•,:' / ·, /' ' ,· ,, . ' ' . '
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:_ :,·,..,., ' ' i'' .. ' ' ' ·, '1 ' ' ½' -;,,;,.1.: , ,,· , . ·' .· •:;>,:' .. : \ _·(:j .} ., •To ,the· storagE:!,, use, or copsumption .q'f any. cpnstruc-,:,,,
., • , t,i:Pn/and building !)late.rials ,reqµired or made n1=cessary in the perform:.;t1; (;::?. :, ,'' ' ·a nee, df any: c'onstruction contract bid I let, or entered into at any '' '/',
' ti,ine''.ptlor to· the:,,ef fee ti ve date, of 'sµch use tax ordinance,. re soi u-·.,:,,,: ',.•.·.·,:_•:,:,:,•,
tion/ .. or proposal... · · · ,, · , ·
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·!<•' i · ::. ..... ;,.,· .. i ·i ·.,/_ ·v. '.,. -i , · • 1 • ·•
. '.'.',::::'· ;:;~ ~ }}•r:'.: ,._; ·.:~~~§.1 i.p~l'i.~aj~';~::~t •t;·~ ''.:;:x· ... ·· . '. '·,,.
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',I,. ,, t; ,' • .·, ,:, :~, ." ~: .. , ·,, 1 0 I. ;. , • :~;. ', ' i. ;/1·;) {a:,) Buildi.rig a'.nd cons'truc't:ion, ' There, is impqsed
01;1' the priy:ilege of storing, -using or consuming any construc-
'ti~ri ~nd builcl~ng mat;erials of every kind and form purchased
.outs.i.de the, Town for. use, storage or consumption within the
, I ' · 'l~ . '
. (rdwn. ~ use· tax of two percent of the retail purcha.se !?rice of
" ,t}le constr\lction · or building materials.·
.\,,, • ., • ' • I ' ...
, ... ,,,~.-r.
.;; ,;< ,' ··. (b'.) Payl!l~nt requireinents. The use tax· imposed by
a~ct'.i.pn 6"."45 (a,. l, shall b'e paid by: estimate through payment to the ,
T~~. 'Clerk of an anio1,1nt equal to fifty percent of the total cost
Qf 'the·proj.eict cil! indicated on the application for the Town build-
.·. {pg, permit, and. shall be evidenced by. the. issuance of a. building
pe:r!lli t by· the Town. building inspector .. · Provided, however, exemp-
~ion: fron\ · payment ·of any further sales· cir use tax for the materials·
to. be· used, stored. or.· consumed pursuant. to such building permit.
::'::'} , \:', ·.
1
; , :
1c~.) . Colle6tiQ~ li~d· ~d~inistration. The collection · ::" ' · ~~a'. administration ol; the ,use tax imposed by this Part III shall
··,·.i::,'£'.·.:,_·,,,,·,_,.·_· .. ·.·,\ . J:ie performed .by the ~own Clerk in substantially the same manner ~. a.8' the ·co1lection,, ad!Jlinistration and enforcement of the Colorado
,\.:r,,.:; · Sales.:,an~ Qse Tax as·lprovided'in Article. 2, Title-29, CRS 1973, i/fi''.::• /.-··• a·s· amendec;l. ·· The· Bo.ard of Trustees is authorized to promulgate
·.l·:·.··•.,.•_•.;.·:.•.f.·.·.:.· ... :.· .. ··.·,· .. •··.'.:l .. ,~i.,:.~.·,., ...
1
.:::.:.·•.·::,.,·~.:.:.·.····.:· •••• ,:.·•.·: •• :,:,·_· .• ·, ••. :,:,·.•.·.· •• • •.· ~ :~hP:_i~!;~~~!f ;r~!i~tf ~~ ~f g~!t~~~~!e~ ~ ~; y t~~s n;1; ~ s;~i. ~or ', : 'i'. .. : .· · · ('d.) :·. J;mpos'J;!d"-;;.Amqurit~-··There is imposed on the privilege
<if,µsirlg; storing or consuming every motor vehicle purchased out-·
..... , e;;ide the 'l'own. by, .any r'esident of ·the Town for the. purpose of use,
:, .. ,.,, · eto,i;ag~ :or consumption within th_e Town a use tax in the amount of . ;if _j:.} ••. · two percent of the retail pu'rchase price of the motor vehicle •
. J1•,4;,i,\,:···.· .·~r· .. ' ' (e.) Applfcfability. The use tax imposed by Section
;:·,'·. . 6;4S(d)'. shall'be applicable .to every mot;or vehicle for which f(',;',·:,:'· 1;,gistratidn is required by the laws c:,f the State of Colorado.
·, · .;_. (f.) Pa 'ent.prerequisite to registration.and is-\:,:,f::; s"uance of ,title., No registration s al e made o any motor
,,·. ~:.· .:• vehicle for which registration is, required, and no certificate
\:,,),_;' of tit,le shall be issued for such vehicle by the Department of iii-/\ , Reven4e or its authorized agents, until any tax due upon the use,
(::-~."·/ ·· • storag¢ or consumption thereof pursuant to the ordinance codified if,, i i· ~· tl!,i~ chapter has 9een ~aid·, ·
::~r.,t·: . . . . . (g.) Coll~ction. The use tax imposed by Section 6-45(d)
~-•ff· ·,:·. shall be collected by the authorized agent of the Department of
!i.,1,,'· · Reven~~. in _the county in whicp. thei purchaser resides.
M,1\ \ '', • ... , t, ' . • \... ·• ' ' . 'I ' J ' -. ' ' ' • :: •·• ' ' ' ' • ' • • r~•·-' ,.,,, ; .·, ,,•~ ·. •:;·,: ; , · (h.} tPtoceeds'."-Paiment by county, to Town--Agreement.
i,!J.i•l·l'':'' > 'T · Th. e•pl."oceeds.of the use tax ·imposed by Section 6-45(d) shall.be ·li:1,~~·,. ....
·~_·.:_t.· .. '.'.-'.:,··.• .. ·,_.· . , .i,a.id, J:p the Town. pehr iodically"' irih· aecordhan~e wdi th an agreement£ ethnter-:.
,... ed b:(>,and b~tween t e Town· a:nu t. e aut orize county agent. o e t>~· , Oep1;1rtment of Revenue.
, 1f:-;,,. )!( ·••,-: · )~.). Admin'istratiort and enforcement agreements autp.orized.
•.•: · '· ' · Tfie· .. Td~ni · C;Lerk and the Mayor are empowered to· enter into and execute
.. Pll behalf O'f' the Town any agreements . necessary for the administra-
' 'tli>n and enforcement of this i>art III. . . ,·. . ' .
•!'' ' , ,I
'";' '6·-46. Vio];ation--Penalt.'¥.. Any person who shal_l violate any
. ttie pr,oVisions oi this Chapter 6 shall, be quil ty of a violation
a;pd. llpi:m conviction shall be p\mi~hable. as provided in Section
1.:.s2·of·the.Code;of the,To"".n of Firestone .
• ;'·' ' ' • ' I • '·' • • ' ,
. Section 3.. .Ellection.
of
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,, , (a.) Upon adoption .Qf this Ordinance by the. Board of
. . ! .
'l'r'ustees-of the Town, this otdinance shall be .submitted to a regular·
election by.the qualified.and.registered electors of the Town of
F'irest6ne for. their approval'or rejection on April f, 1980, said
I• . • '
-s-
l.
I
,,
I ; ' '
f\ , . .-
. ATTEST:
' I .' I •
'l+ •
• '1 '
.. ,('.· '.~'. ·, ·,:;.~:. ·. ,'1 .. '
in accordance with the Co,lorado Municipal
PUBLISHED AND ELECTION ORDERED, THE
1980.
,:
. TQWN OF FIRESTONE; COLORADO:
Mayor.
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-
ORDINANCE NO.
AN ORDINANCE PERTAINING TO THE CONTROL OF ABANDONED REFRIGER-
ATORS, MOTOR VEHICLES AND SIMILAR ITEMS.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE-
STONE, WELD COUNTY, COLORADO:
Section 1.
Code of the Town of
to read as follows:
Section 35, Part IV, of Chapter 9 of the
Firestone is hereby repealed and re-enacted
9-35. Abandoned Refrigerators, Motor Vehicles and Similar
Items. It shall be unlawful for any person to abandon or discard
in any public or private place accessible to children, any chest,
closet, piece of furniture, refrigerator, icebox, motor vehicle,
or other article, having a compartment of a capacity of one and
one-half cubic feet or more and having a door or lid which when
closed cannot be opened easily from the inside, or who, being the
owner, lessee, or manager of such place, knowingly permits such
abandoned or discarded article to remain in such condition.
Section 2. 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 3. Severability.
The sections of this Ordinance are hereby declared to be
severable, and if any section, provisions, or part thereof shall
be held unconsti tution.al or invalid, the remainder of this Ordin-
ance 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 sec-
tion, 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 after its passage and
final publication.
Approved, adopted, and ordered published by the
Trustees of the Town of Firestone on the /9 ~
_?l Za-<.... -1.----, 19 a o .
ATTEST:
2z ~~=v Cf;:4 Town lerk
Board of
day of
l
ORDINANCE NO. /</ 3
AN ORDINANCE PERTAINING TO THE CONTROL OF ABANDONED REFRIGER-
ATORS, MOTORVEHICLES AND SIMILAR ITEMS.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE-
STONE, WELD COUNTY, COLORADO:
Section~-Section 35, Part IV, of Chapter 9 of the
Code of the Town of Firestone is hereby repealed and re-enacted
to read as follows:
9-35. Abandoned Refrigerators, Motor Vehicles and Similar
Items. It shall be unlawful for any person to abandon or discard
in any public or private place accessible to children, any chest,
closet, piece of furniture, refrigerator, icebox, motor vehicle,
cir other article, having a compartment of a capacity of one and
one-half cubic feet or moie and having a door or lid which when
closed cannot be opened easily from the inside, or who, being the
owner, lessee, or manager of such place, knowingly permits such
abandoned or discarded article to remain in such condition.
Section 2. 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 3. 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 Ordin-
ance 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 sec-
tion, 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 after its passage and
final publication.
Approved, adopted, and ordered published by the Board of
Trustees of the Town of Firestone on the / 9 <=i:· day of
>z"J<'<< d! ✓---, 1980.
ATTEST:
ORDIHAHCE NO. / ¥1
AN ORDINANCE RELATIVE TO THE REGULATION, IMPOUNDMENT, LICENSING
AND REDEMPTION OF DOGS IN THE TOWN OF FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO:
Section 1.
the Code of the Town
read as follows:
Section 8-66, of Part VIII of Chapter 8, of
of Firestone is repealed and re-·enacted to
8-66. Dog 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 of-
• ficers reasonably feel to be in violation of any of the provisions
of ·this Part, whether such dog is wearing tag or not. It shall
be lawful for the Dog Warden or any police or any sheriff's of-
ficers to go upon private property for the purpose of catching any
such dog.
Impoundment may be at a facility either within or without
the Town of Firestone as may be designated by the Board of Trustees.
Section 2. Part VIII of Chapter 8, of the Code of the
Town of Firestone is amended by the addition of Section 8-67.1
that shall read as follows:
8-67.1. Redemption of Impounded Dogs.
Any owner, custodian, or keeper of a dog desiring to _redeem such
dog from the Town of Firestone pound shall pay to the Town the fol-
lowing redemption fee:
a.) For the first T\~ENTY-FOUR (24) hour period
. or any portion thereof: $20 .00
b.) For each TWENTY-FOUR (24) hour period or
portion thereof after the initial TWENTY-
FOUR (24) hour period: $5.00
In addition, if such dog is unlicensed, the owner, custodian,
or keeper must license said dog pursuant to this ordinance prior
to its release. If such dog is licensed but the license tag has
been lost, said license tag must be replaced prior to the release
of the dog .
. Section 3. Section 8-68 of Part VIII of Chapter 8, of the
Code of the Town of Firestone is repealed and re-enacted to read
as follows:
8-68. Disposition of Unclaimed Dog.
If the owner or keeper of a dog so held does not appear and
claim the same within three (3) days after posting or serving such
notice, and does not within such time produce or obtain a license
therefor and pay all license and icipound fees required by this
Code, the animal warden shall dispose of the dog.
Section 4. 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. 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
addpted even if such unconstitutional or invalid matter had not
been included therein. It is further declared that if any provision
or part of this Ordinance, or the application thereof to any per-
son or circumstances, is held invalid, the remainder of tRis
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 public health, safety, convenience,
and general welfare, and it is enacted for that purpose and shall
be in full force and effect after passage and final publication.
Approved, adopted and ordered published by the )'.;rd of Trustees
of the Town of Firestone on this / 'f day of ~~~ • ,
1980.
ATTEST:
~-Vw~ Town Cl rk .
-2-
ORDINANCE NO.
AN ORDINANCE RELATIVE TO THE REGULATION, IMPOUNDMENT, LICENSING
AND REDEMPTION OF DOGS IN THE TOWN OF FIRESTONE,
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO:
Section 1.
the Code of the Town
read as follows:
Section 8-66, of Part VIII of Chapter 8, of
of Firestone is repealed and re-enacted to
8-66. Dog 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 of-
ficers reasonably feel to be in violation of any of the provisions
of this Part, whether such dog is wearing tag or not. It shall
be lawful for the Dog Warden or any police or any sheriff's of-
ficers to go upon private property for the purpose of catching any
such dog.
Impoundment may be at a facility either within or without
the Town of Firestone as may be designated by the Board of Trustees.
Section 2. Part VIII of Chapter 8, of the Code of the
Town of Firestone is amended by the addition of Section 8-67.1
that shall read as follows:
8-67.1. Redemption of Impounded Dogs.
Any owner, custodian, or keeper of a dog desiring to .redeem such
dog from the Town of Firestone pound shall pay to the Town the fol-
lowing ,r~e_d.E!tr1pj:io~cf<2_e]:
a.) For the first TWENTY-FOUR ff'4) hour period
or any portion thereof: $20.00
b.) For each TWENTY-FOUR (24) hour period or
portion thereof after the initial TWENTY-
FOUR (24) hour period: $5.00
In addition, if such dog is unlicensed, the owner, custodian,
or keeper must license said dog pursuant to this ordinance prior
to its release. If such dog is licensed but the license tag has
been lost, said license tag must be replaced prior to the release
of the dog.
Section 3. Section 8-68 of Part VIII of Chapter 8, of the
Code of the Town of Firestone is repealed and re-enacted to read
as follows:
8-68. Disposition of Unclaimed Dog.
If the owner or keeper of a dog so held does not appear and
claim the same within three (3) days after posting or serving such
notice, and does not within such time produce or obtain a license
therefor and pay all license and impound fees required by this
Code, the animal warden shall dispose of the dog.
Section 4. 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.
r
Section 5. 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 Ordinance, or the application thereof to any per-
son 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 public health, safety, convenience,
and general welfare, and it is enacted for that purpose and shall
be in full force and effect after passage and final publication.
Approved, adopted and ordered published by the
of the Town of Firestone on this /7 day of
1980.
MAYOR:
ATTEST:
Town C erk
-2-
Board of Trustees %21 o'.1.L;<' .,_./,:_,
ORDINANCE NO.
AN ORDINANCE REQUIRING EACH HOUSE, BUILDING, MOBILE HOME, OR
STRUCTURE TO BE NUMBERED.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE-
STONE, WELD COUNTY, COLORADO:
Section 1. The Code of the Town of Firestone is hereby
amended by the addition of Sections 11-34, 11-35, and 11-36, to
Chapter 11.
Section 11-34. Numbering of Houses, Mobile Homes, Buildings,
or Structures. It shall be the duty of the owner or occupant of
every house, building, mobile home, or other structure that is
capable of being occupied as a dwelling or is capable of being oc-
cupied by a commercial or industrial use to have placed thereon
in a position visible fron the street, figures at least three (3)
inches high, indicating the number of the house, building, mobile
home, or other structure as defined in this Section.
Section 11-35. Structures Excluded. Structures such as
fences, poles, lines, cables and transmission lines are excluded
from the numbering requirement. Accessory buildings as defined
in this Code are exluded from the numbering requirement.
Section 11-36. All numbers as required to be installed by
this Code shall be assigned by the Town Clerk pursuant to regula-
tions adopted py the Board of Trustees.
Section 2. 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 3. 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 Ordin-
ance shall continue in full force and effect, it being the legi-
slative 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 circum-
stances, is held invalid, the remainder of this Ordinance and the
application thereof to other persons shall not be effected thereby.
ATTEST:
Town Clerk
I' J.
ORDINANCE NO.
AN ORDINANCE REQUIRING EACH HOUSE, BUILDING, MOBILE HOME, OR
STRUCTURE TO BE NUMBERED.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE-
STONE, WELD COUNTY, COLORADO:
Section 1. The Code of the Town of Firestone is hereby
amended by the addition of Sections 11-34, 11-35, and 11-36, to
Chapter 11.
S_ection 11-34. Numbering of Houses, Mobile Homes, Buildings,_
or Structures. It shall be the duty of the owner or occupant of
every house, building, mobile home, or other structure that is
capable of being occupied as a dwelling or is capable of being oc~
cupied by a commercial or industrial use to have placed thereon
in a position visible from the street, figures at least three (3)
inches high, indicating the number of the house, building, mobile
home, or other structure as defined in this Section.
Section 11-35. Structures Excluded. Structures such as
fences, poles, lines, cables and transmission lines are excluded
from the numbering requirement. Accessory buildings as defined
in this Code are exluded from the numbering requirement.
Section 11-36. All numbers as required to be installed by
this Code shall be assigned by the Town Clerk pursuant to regula-
tions adopted by the Board of Trustees.
Section 2. 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 3. Severability.
The sections of this Ordinance are hereby declare9 to be
severable, and if any section, provision, or part thereof shall
be held unconstitutional or invalid, the remainder of this Ordin-
ance shall continue in full force and effect, it being the legi-
slative intent that this Ordinance would have been adopted even
if such unconstitutional or invalid matter had not been included
therein. It is further ceclared that if any provision or part of
this section, or the application thereof to any person or circum-
stances, is held invalid, the remainder of this Ordinance and the
application thereof to other persons shall not be effected thereby.
Approved, adopted, and ordered publis d the Boatil.oW
Trustees of the Town of Firestone on ~
1980.
ATTEST:
.Town Clerk
,..
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 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, Weld County, Colorado, shall be set at
the sum of FOUR THOUSAND TWO HUNDRED AND NO/100 ($4,200.00)
DOLLARS.
Section 2. Monthly Increments.
Said annual salary shall be payable in monthly
increments of THREE HUNDRED FIFTY AND NO/100 ($350.00) DOLLARS,
each and every month of the year, commencing in the month of
January, 1980.
Section 3. Salary Not Based on Number of Cases or
Convictions.
Said annual salary or increments thereof shall in no
way be directly or indirectly based upon the number of individual
cases handled or heard by said Municipal Judge, nor upon the
number of convictions, nor upon revenues received 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 con-
flict 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 thereQf
shall be held unconstitutional. or· invali\l., 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 re-
mainder 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 a_nd 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
after its passage and final publication.
Approved, adopted, and ordered published by the Board of
Trustees of the Town of Firestone, on the !{!:!!.day of April, 1980.
ATTEST:
ORDINANCE NO. J!/p
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 TO\'/N OF
FIRESTONE, 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 FOUR THOUSAND TWO HUNDRED AND NO/100 ($4,200.00)
DOLLARS.
Section 2. Monthly Increments.
Said annual salary shall. be payable in monthly
increments of THREE HUNDRED FIFTY AND NO/100 ($350.00) DOLLARS,
each and every month of the year, commencing in the month of
January, 1980.
Section 3. Salary Not Based on Number of Cases or
Convictions.
Said annual sal~ry or increments thereof shall in no
way be directly or indirectly based upon the number of individual
cases handled or heard by said Municipal Judge, nor upon the
number of convictions, nor upon revenues received 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 con-
flict with the provisions of this Ordinance, are to the ext~nt
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·. in.viJ.lid, · the remaind.er, 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 re-
mainder of this Ordinance and the application thereof to other
persons shall not be effected thereby.
In the opinion 0£ 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
after its passage and final publication.
Approved, adopted, and ordered published by the Board of
Trustees of the Town of Firestone, on the f!!!, day of April, 1980.
Mayor
ATTEST:
ORDINANCE NO. / ~7
AN ORDINANCE OF THE TOWN OF FIRESTONE, COLORADO; ADOPTING BY
REFERENCE THE WELD COUNTY BUILDING CODE, AS AMENDED, AND WHICH
CODE ADOPTS BY REFERENCE THEREIN AS SECONDARY CODES, THE UNIFORM
BUILDING CODE, 1979 EDITION, INCLUDING THE UNIFORM BUILDING CODE ·
APPENDIX, 1979 EDITION, AND THE UNIFORM BUILDING CODE STANDARDS,
1979 EDITION, PROMULGATED BY .THE INTERNATIONAL CONFERENCE OF
\/ BUILDING OFFICIALS; AND THE UNIFORM MECHANICAL CODE,· 1979 EDJ;-
TION, PROMULGATED BY. THE INTERNATIONAL CONFERENCE OF BUILDING
OFFICIALS; AND THE NATIONAL ELECTRICAL CODE, 1978 EDITION, PROM,,.
·uLGATEDBY THE NATIONAL FIRE PROTECTION ASSOCIATION; AND THE .
UNIFORM PLUMBING CODE, 1976 EDITION, PROMULGATED BY THE INTER~. ,
NATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; AND . . . J' ·
THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILD]NGS, 1979 •.
EDITION, PROMULGATED BY.THE INTERNATIONAL CONFERENCE·OF THE BUILD;.
ING OFFICIALS; PROVIDING PENALTIES. FOR VIOLATIONS OF THE PROVISIONS
OF THESE CODES AND THIS ORDINANCE; SETTING FORTH AMENDMENTS TO THE
PUBLISHED CODES, IF ANY; PROVIDING FOR THE REPEAL OF CERTAIN
ORDINANCES; PROVIDING FOR THE MAINTENANCE OF OFFICIAL COPIES OF
SUCH CODES; PROVIDING FOR THE SALE OF COPIES OF. SUCH CODES; PRO.-
VIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE ANO. THE CODES
ADOPTED BY REFERENCE HEREI.N.
WHEREAS, the Board of Trustees of the Town of Firestone,
Colorado, has determined that it is necessary and expedient that
the above referenced Codes 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.
Code of the Town of
foll:ows:
PART I., BUILDING CODE, Chapter 3 of the
Firestone,is repealed and re-enacted as
PART I UNIFORM CODES
Section 3-1. Code Adopted. The Weld County Building Code,
as amended to the date of this Ordinance, by the Weld County
Commissioners, Weld County, Colorado, is hereby a~opted and en-
acted by reference. The purpose of said Code is to preserve and
protect the public health,' safety and general welfare and the
safety, protection and sanitation of dwellings, buildings and
· structures in the Town of Firestone.
Section 3-2. Secondary Codes •. The following secondary
codes as adopted by reference in The Weld County Building Code
are hereby adopted and enacted by reference:
a.)
b.)
Uniform Building Code. The publications of the
International Conference of Building Officials
known as the Uniform Building Code, including the
Uniform Building Code Appendix (EXCEPT FOR CHAPTER
53 OF THE APPENDIX AND SECTION 1110 OF CHAPTER 11
OF THE APPENDIX), 1979 Edition and the Uniform
Building Code Standards, 1979 Edition, are incor.,-
porated by this reference as a part of this Building
Code for the purpose of establishing standards for
the construction and inspection of dwellings, build-·
ings and structures and the issuance of building
permits in The Town of Firestone, Colorado, as
amended by the Weld County Building Code.
Uniform Mechanical Code. The publication, including
appendices A, B, and c, of the International ~Con-
i
i
u ,; ·/ ..
-~ -:·
I' .
.
<!
. '
. ; ,·1.
ference of Building Officials known,'fi, 'tile ·;.!:
Uniform Mechanical Code, 1979.,Editio~, is,:l.n,., ,' .. •,,-, ., .
corpo111ated by this ,reference :as a J;?att of't.t,biJ,.:'i.,,f,t,(i<':i-if:\i,,i'
Building Code for the purpose ·O,f p. rov. iding,·~-• ... ,,;:,:.-. ', .. ..i.1•;.• ?i,.1.;/f: .. '.·.'
. 1 • --'.·1-;-:· . ./.J) ,,,." -'h•r-~-..· ,~ for the inspection, of heating 1 .. '· ventilating ,~,\~',;~,•-·'k,J\'.\!t?Jt
~ooling, and refrig,ration .equipment and . .t;llei" <1\!Ji.:r:fk,<·,
:i.~suance of:,,mechanical permits in the Town of ''> '..·Th%!'';
F:i.restone, Colorado, as amended by ·-the Weld , : ,,. \,""'';.-·
I . .
!\{ :,'.;: .
County Building Code. · ·. ,/ . .. ·.· >: ;:,;\,'/f,
· c,) The National E·lectrical Code, 1978 Edition,"··. \~,,. ;,
i ~f!' '"' •.
' ·,' . : .. t ; ., ; '~ . j_ -~
";:,:,,,, •1',. " , •
. • ·-,J' ).:) ¥' . : , _ _._., ' ., ·~ ,:· i .;
..
! ••.
i:/S
:;;;,; '._l.
i ·._.e·_ ';;\
-..~ ~. '._,: ' ·,.: .. , _.'
promulgated by ·the National .!fire Protection ', ,· .'
Association, 470 Atlantic Avenue, Bostort/ . i' . . .
Massachusetts 02210. The purpose of said Code i~f, ,1.,f.:J
to proltect anci safeguard the hea; th. and safety,· X·~·/i.\,'irf,•
·, v·of the resident of the Town of F:i.restone from ·: .,v., ,,!:;;;/''
the hazards a,t;isin<;[ from the use .of elE!ctricity./·ii./.1
}:.
and provicies ,for e1;1tablishing stan<lards for thtf . 't/~"'
inspection of electrical installation, ;Ln public' "'..:,•·:'·' '.,
and private structures, including md>bile homee,. ',,t,.f>·
and other premises such as yards# lots aI)d in.-· ·. ···. !.''.:, .·,.
dustrial substations; as. a111ended by the Weld Cot,mt:y· i ·
Building Code. · . . . · · · . , . , ,. · , . , • ' '
d,)
. . . .. , . . . . ..... ~-
The Upiform Plumbing Code, 1976 Edition, ·!is pi:;omul• . ·
gatec:1 by tJie :tnternationa;I. Association of Pi~ing
anq M4:1ch4nic.tl O:l:fd:ciils, , 5032 Alhambra Avem1e, ·
v' ~st AI!geles, California 90032. The: purpose of said
Code is to protect the health i:lnd sanitation of the
residents· of the Town of Firestone by·:.providing '. ·.
minimum standards for the erection, installation,
alteration, addition, repair, relocation, replace .. ·
ment, maintenance or use of any plumbing :syst~; · · ,:,
as amended,by ,the Weld County Building Code.
?i,' -:_;:~,<';'( ·., ·,· . , e.) .~~~lg~;!~~m 1 ~~~e E~i~i~e, ~apt~~:~rg' ~~e~a~yge~~.s ,. ·. '.. •
• '"• ,-, ·'fl ., ~, -
'~l~':1. mib~~~~~~:~;:~t~~;~::~:~~~t7 · ..
~,.-~,.fr·''·> life, limb, health, mor/:\1,s, property,: safety or ;7~~~;:.·J\ ,. welfa:te of such residents. The Code sets standarda.
,~~~/-·,·,,</. · ' for the repair, demolition, and vacation of such .~,t/:}·' , . unsa;e buildings or structures, i:ls amended by the ",E,::'.ft;,,'.i\lt{•. · Weld County :suilding Code.
~~~tJ~:f-~' ·, , Sectiort 3-2. l. Amendment's. The ~eld County Building Code·, , . · "".$.,A~J:::,1t{{~ ,< a_nd the . secondary codes adopted there:i.n by reference as descJ;'il:>e4\ •, l}~~~~l//,)'}: .. -~f.i~!~1;:t,ed ill Secti,on. 2 of this Ordinance are hereby amended as
• ~ ... '!!r }'•, ,.-' ' '~ !j. l I ,, •,
The Weld County Building Code is amended by sub-
stituting the words "The Town of Firestone": i,n v lieu of the words "Weld County" of. "County .of
, Weld" wherever sa.id. words may appear in The Weld
County ·suilding Code. · · , . .
,.
:g;:"1 ,/,J, .; • I ,, ~ -r~~-·: ~\,~-~---:i·•~?;-'l'he Weld County Building Code is amended by. -~-. . .i: :, ',
· st;l.tut;Lng the words "Board of Trustees of the Town , .,
o'j: Firestone" in lieu of the words "Board. of County, · ; ' ... :.:1:ir,~ ~, ·t . • · ',<;•-~•.,1~· :" ' . i>t' '4 ~.1". l ~ -,· ~ , h :4., ;i.1..,,, · , '
-: 1/;Jti;. ,;"> ,i,' ''
,,~ .. -~·a.,.,\.•.,i'"'-,:-• :~J~·! ' .... ' .. 'i .
',Commissioners" wherever said words may appear in · I\,
, . , '!'he Weld County Building Code. . ,;_J~.
/,c,~'.;~;(,-· s~~~iQn 20 .1. 6 of · The Weld County Building Code.·.
, :: · · ,.. is,. amemded by th~ deletion thereof from said Code.
;, .. ·,1.
••~, . d.J., :Section 3<). 19 'of 'l'he Weld· County ·Building Code ,. ,,.· "'· , . ' \~·;.:\:j\<~\-.·: "--, ·> ' ~,
is
·J;}.,,:;,;;_.~
,. •,,'··
.· ;.' '."' l ~
'' , .. ·'• '•
. '\ ..
.. -~~ '-:',"' ,, ·. •' '
,,_-~,.,,,,,.· .. ··C,j~~;:;y~;:)}::;'¥;,:;t!&;,. •
,>.,:>t,f:!'.:'.-.. ... , ,• .. -: ... •: . ' .. ~ .. ,,
' ~ , ' ' :
amended by deleting said provislon and in lieu
thereof adopting a new Section/30;19 ~s followst .,
30 .19 . Board of Appeals. :.' ··-:,t<i';:: ,:· :, ·, '.~;,,-'.;,~,~~::~~:~~:'.f~~§~l
· In order to determine the suitability of alternate', '2it••f:: :·:·•:>
materials and methods of construction and .. to pro-.' \, ·/;,_;';,:. ·
·, vide for reasonable interpretation of· the_ provisions ' ·~ %:rC,
of the auilding Code, there is hereby created,a:n . · ·.' ·-~-i·:,
appeal procedure whereby. the Soard of Trustees of ·· '/. ,i;_ ..
the Town of Fireetone shall make all final decieione/~ , .. , , ·C'
conce:r;ning the suitability of alternate methods of · /''~i?' /'
. 9onstruction, of alternate materials and make, fina·t.', ;,,\ ,''t: ~ 'u~:
interpretations as to the Building Code.. · · . . i,'.·,it)..+;'r,·,/
. • : ~•' ""'"""''!P¥Jt'•.
', ,· e.) Section 40 .1 is a!llended by d;leti.ng ~aid .sub-x: \;1i/\lr~tf ' . . . ·;:~~i~~ ;~~ 1 i~8 l~~i~::~eof adopting a new :'\ ;??t:?,:
40·.1 Violation •
•
ORDINANCE NO. , 11
AN ORDINANCE OF THE TOWN OF FIRESTONE, COLORADO, ADOPTING BY
REFERENCE THE WELD COUNTY BUILDING CODE, AS AMENDED, AND WHICH
CODE ADOPTS BY REFERENCE THEREIN AS SECONDARY CODES, THE UNIFORM
BUILDING CODE, 1979 EDITION, INCLUDING THE UNIFORM BUILDING CODE
APPENDIX, 1979 EDITION, AND THE UNIFORM BUILDING CODE STANDARDS,
1979 EDITION, PROMULGATED BY THE INTERNATIONAL CONFERENCE OF
BUILDING OFFICIALS; AND THE UNIFORM MECHANICAL CODE, 1979 EDI-
TION, PROMULGATED BY THE INTERNATIONAL CONFERENCE OF BUILDING
OFFICIALS; AND THE NATIONAL ELECTRICAL CODE, 1978 EDITION, PROM-
ULGATED BY THE NATIONAL FIRE PROTECTION ASSOCIATION; AND THE
UNIFORM PLUMBING CODE, 1976 EDITION, PROMULGATED BY THE INTER-
NATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; AND
THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDl'NGS, 1979
EDITION, PROMULGATED BY THE INTERNATIONAL CONFERENCE OF THE BUILD-
ING OFFICIALS; PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS
OF THESE CODES AND THIS ORDINANCE; SETTING FORTH AMENDMENTS TO THE
PUBLISHED CODES, IF ANY; PROVIDING FOR THE REPEAL OF CERTAIN
ORDINANCES; PROVIDING FOR THE MAINTENANCE OF OFFICIAL COPIES OF
SUCH CODES; PROVIDING FOR THE SALE OF COPIES OF SUCH CODES; PRO-
VIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE AND THE CODES
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 Codes 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. PART I., BUI+'DING CODE, Chapter 3 of the
Code of the Town of Firestone.is repealed and re-enacted as
follows:
PART I UNIFORM CODES
Section 3-1. Code Adopted. The Weld County Building Code,
as amended to the date of this Ordinance, by the Weld County
Commissioners, Weld County, Colorado, is hereby adopted and en-
acted by reference. The purpose of said Code is to preserve and
protect the public health; safety and general welfare and the
safety, protection and sanitation of dwellings, buildings and
structures in the Town of Firestone.
Section 3-2. Secondary Codes. The following secondary
codes as adopted by reference in The Weld County Building Code
are hereby adopted and enacted by reference:
a.) Uniform Building Code. The publications of the
International Conference of Building Officials
known as the Uniform Building Code, including the
Uniform Building Code Appendix (EXCEPT FOR CHAPTER
53 OF THE APPENDIX AND SECTION 1110 OF CHAPTER 11
OF THE APPENDIX), 1979 Edition and.the Uniform
Building Code Standards, 1979 Edition, are incor-
porated by this reference as a part of this Building
Code for the purpose of establishing standards for
the construction and inspection of dwellings, build-
ings and structures and the issuance of building
permits in The Town of Firestone, Colorado, as
amended by the Weld County Building Code.
b.) Uniform Mechanical Code. The publication, including
appendices A, B, and C, of the International J:on-
•
ference of Building Officials known as the
Uniform Mechanical Code, 1979 Edition, is in-
corporated by this reference as a part of this
Building Code for the purpose of providing
for the inspection of heating, ventilating,
cooling, and refrigeration equipment and the
issuance of-mechanical permits in the Town of
Firestone, Colorado, as amended by the Weld
County Building Code,
c.) The National Electrical Code, 1978 Edition,
promulgated by the National fire Protection
Association, 470 Atlantic Avenue, Boston,
Massachusetts 02210. The purpose of said Code is
to protect and safeguard the health and safety
of the resident of the Town of Firestone from
the hazards arising from the use of electricity
and provides for establishing standards for the
inspection of electrical installation in public
and private structures, including m0bile homes,
and other premises such as yards, lots and in-
dustrial substations, as amended by the Weld County
Building Code.
d.) The Uni.form Plumbing Code, 1976 Edition, as promul-
gated by the International Association of Plumbing
and Mechanical Officials, 5032 Alhawbra Avenue,
Los_ Angeles, California 90032. The purpose of said
Code is to protect the health and sanitation of the
residents of the Town of Firestone by'.providing
minimum standards for the erection, installation,
alteration, addition, repair, relocation, replace-
ment, maintenance or use of any plumbing system,
as amended by the Weld County Building Code.
e.) The Uniform Code for the Abatement of Dangerous
Buildings, 1979 Edition, as promulgated by the
International Conference of Building Officials,
5360 South Workman Mi.11 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, as amended by the
Weld County Building Code.
Section 3-2.1. Amendments. The Weld County Building Code,
• and the secondary codes adopted therein by reference as described
and adopted i.n Section 2 of this Ordinance are hereby amended as
follows:
a.) The Weld County Building Code is amended by sub-
stituting the words "The Town of Firestone" in
lieuof the words "Weld County" of "County of
Weld" wherever said words may appear in The Weld
County Building Code.
b.) The Weld County Building Code is amended by sub-
stituting the words "Board of Trustees of the Town
of Firestone"'in lieu of the words "Board of County
Commissioners" wherever said words may appear in
The Weld County Building Code.
c.) Section 20.1.6 of The Weld County Building Code
is amended by the deletion thereof from said Code.
d.) Section 30.19 of The Weld County Building Code is
-2-
I ..• •
amended by deleting said provision and in lieu
thereof adopting a new Section 30.19 as follows:
30.19 Board of Appeals.
In order to determine the suitability of alternate
materials and methods of construction and to pro-
vide for reasonable interpretation of the provisions
of the Building Code, there is hereby created an
appeal procedure whereby the Board of Trustees of
the Town of Firestone shall make all final decisions
concerning the suitability of alternate methods of
construction, of alternate materials and make final
interpretations as to the Building Code.
e.) Section 40.1 is amended by deleting said sub-
section and in lieu thereof adopting a new
Section 40.1 as follows:
40.1 Violation.
1. 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
fineof 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, construction,
reconstruction, alteration, maintenance of 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 Firestone, Weld County, Colorado, or any owner of
real estate within the area, in addition to other remedies
provided by law, may institute an appropriate action for
injunction, mandamus or abatement to prevent, enjoin,
abate or remove such unlawful erection, construction,
reconst~uction, alteration, remodeling or use.
Section 2. The title of PP.RT III "MECHANICAL AND HEATING
CODE" .is hereby repealed.
Section 3.
repealed.
The title of PART IV "PLUMBING CODE" is hereby
Section 4. PART VIa,· "ABATEMENT OF DANGEROUS BUILDINGS"
and Sections 3-82 and 3-83 are hereby repealed.
Section 5. Validity. 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 unconstitutional or invalid.
Section 6. Conflicts. Any part of any Ordinance which
is in conflict herewith is hereby repealed.
Section 7. Effective Date.
full force and effect from and after
approval, and publication.
This Ordinance shall be in
the date of final passage,
this
Passed and adopted, signed and approved and ordered published _:j_ day of '?:not , 1980. a/~ th~A/2J Mayor
-3-
\ .
ORDINANCE NO.
AN ORDINANCE PERTAINING TO TEMPORARY TRANSFER OF FUNDS FROH
THE HIGHWAY FUND TO THE GENERAL FUND OF THE TOWN OF FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE-
STONE, WELD COUNTY, STATE OF COLORADO:
WHEREAS, an emergency has arisen that could not reason-
ably have been foreseen at the time the budget for the Town
of Firestone for 1980 was adopted; and
WHEREAS, that emergency consists of the following:
Unforeseen difficulty in issuing water billings for the
month of April, causing a severe cash inflow to the Town of
Firestone; expenses to be paid from the General Fund which
have come due at a time earlier than expected; delay in re-
ceiving other anticipated revenues; all of which have caused
a temporary shortage in the Town of Firestone General Fund;
and
WHEREAS, it is anticipated that.the General Fund will
be replenished with income anticipated by the 1980 budget
within sixty (60) days; and
•
WHEREAS, there are funds available but that will not be
used for a period in excess of ninety (90) days by the Town
in the Highway Fund of the Town of Firestone;
NOW, THEREFORE, the Board of Trustees take the following
action:
Section 1. Authority is granted. to the Mayor and
Town Clerk to make a transfer of up to FIVE THOUSAND AND NO/
100 ($5,000.00) DOLLARS from the Highway Fund of the Town of
Firestone to the General Fund of the Town of iirestone.
Section 2. The transfer described in Section 1., shall
be temporary in nature and shal_l not exceed sixty (60) days
in duration and within the sixty (60) day time period all
monies temporarily transferred shall be reimbursed to the High-
way Fund.
Section 3. The temporary transfer described in this
Ordinance shall not amend the adopted Budget of the Town of
Firestone and is.intended to alleviate a temporary shortage in
the General Fund.
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 th.?t_pyr:pocie_ang_sb,;ill be _in full force and effect .af,ter_ ·
passage and final publication.
Approved, adopted by a vote of in favor and against,
and Ordered published by the Board of Trustees of the Town of
Firestone, on this ___ day of June, 1980.
ATTEST:
ORDINANCE NO. /S'{)
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
has 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 Fire-
stone 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 second Tuesday 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 conflict
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 effect
after its passage and publication.
Approved, adopted and ordered published by the Board of
Trustees of the Town of Firestone on the 17th day of June,
1980.
Gi L e IL fdt/cz;;;;/;J
Paul A.7-Iurtado -Mayor
ATTEST:
. '
,i-./
------,,,--'-_ ✓/--;-
, ,->~ /~✓-~·;,(·-,.,-!... /
Town Clerk
AN ORDINANCE RELATIVE TO THE CONSUMATION OF A LONG TERM
LEASE-PURCHASE AGREEMENT FOR THE PURCHASE OF A STREET
CLEANING MACHINE.
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
have determined it necessary for the proper maintenance of
the streets within the Town to obtain a street cleaning
machine.
Section 2. The Board of Trustees hereby authorizes the
Mayor and the Town Clerk to execute a Lease-Purchase Agreement
with FMC Corporation, Sweeper Division for a period of 2 years
specifying payments of $529.61 dollars per month for the lease-
purchase of the machine.
Section 3. 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.
Approved, adopted
Trustees this
and ordered published by the Board of
Jr day of /J, f t_r,, , 1980. -~-(J~t (
6?ti:1f (~t: ./k1,4 ~-
Mayor
ATTEST:
ORDINANCE NO. 152
AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON
BEHALF OF THE TOWN OF FIRESTONE, COLORADO,
AND UPON THE CREDIT THEREOF BY ISSUING GENERAL
OBLIGATION BONDS OF THE TOWN IN . THE PRINCIPAL
AMOUNT OF $400,000 FOR THE PURPOSE OF SUPPLYING
THE TOWN WITH WATER BY EXTENDING AND IMPROVING
THE EXISTING WATERWORKS SYSTEM OF THE TOWN; ·
PRESCRIBING THE FORM OF SAID BONDS; PROVIDING
FOR THE LEVY OF TAXES TO PAY THE SAME; AND
DECLARING AN EMERGENCY.
WHEREAS, the Town of Firestone present.ly owns, operates
and maintains a municipal waterworks system for the Town and its
inhabitants; and
WHEREAS, the Board of Trustees has determined to extend
and improve the waterworks system-in order to supply the Town
and the inhabitants thereof with a proper and adequate supply of
water; and
WHEREAS, there are not sufficient funds in the treasury
of the Town to pay the costs and expenses of supplying the Town
with water and the Board of Trustees deems it advisable and
necessary to authorize the issuance of general obligation nego-
tiable coupon bonds of the Town in the amount of $400,000 for that
purpose;
BE IT ORDAINED BY THE BOARD .OF TRUSTEES OF .THE TOWN OF
FIRESTONE, WELD, COUNTY, COLORADO:
Sect ion 1. BOND DETAILS. That for the purpdse.of
paying the costs and expenses of supplyirig the Town of Firestone
with water by extending and improving the existing waterworks
system of the Town, the Town shall issue its general obligation
negotiable coupon bonds in the principal amount of $400,000,
each to be designated "General Obligation Water Bond", dated
August 1, 1980, consisting of 80 bonds in the denomination of
$5,000 each, numbered 1 to 80 inclusive, payable in lawful money
of the United States of America, to bear interest from and after
date, payable on April 1., 1981, and semi-annually thereafter on
the 1st day of April and the 1st day of October, each year, as
evidenced by interest coupons attached to .said bonds, and maturing
serially on October 1, as follows:
-14 -
Interest Interest
Amount Naturity Rate Amount· Maturity Rate
$15,000 10-1-82 9.00% $25,000 10-1-90 9.00%
15,000 10-1-83 9.00% 30,000 10-1-91 9.00%
15,000 10-1-84 9.00% 30,000 10-1-92 9.00%
20,000 10-1-85 9.00% 35,000 10-1-93 9.00%
20,000 10-1-86 9.00% 40,000 10-1-94 9.25%
20,000 10-1~97 9.00% 40,000 10-1-95 9.50%
25,000 10-1-88 9.00% 45,000 10-1-96 9.50%
25,000 10-1-89 9.00%
Bonds of this. issue maturing on or before October
1, 19.83, shall not be redeemable in advance of their respective
maturities.
shall be redeemable
maturing on October 1, 1984 and .thereafter,
at the option of the Town on October 1, 1983,
and on any interest payment date thereafter, in inverse numerical
order, upon payment of par and accrued interest to the date of
redemption.
The principal of and interest on said Bonds shall be
payable at the Platte Valley Bank of Weld County, Frederick,
Colorado.
The net effective interest rate of this issue of bonds
is 9. 37 . % per annum.
Section· 2. FORM AND EXECUTION OF BONDS AND INTEREST
COUPONS. The Bonds shall be signed with the facsimile
of the Mayor, sealed with an impression of. the seal of
signature
the Town,
attested and countersigned by the manual signature of the Town
Clerk and Treasurer, and shall be recorded in a book kept by the
Town Treasurer for that purpose. All interest coupons shall bear
the facsimile signature of· the Treasurer of the Town, and when
issued as part of said bonds, shall be the lawful promises and
obligations of the Town, securing the. payment of said interest as
it becomes due.· Should any officer whose manual or facsimile
signature appears on said bonds, or the interest coupons attached
thereto, cease to be such officer before delivery of the bonds to
the purchaser, such manual or facsimile signature shall neverthe-
less be valid and sufficient for all purposes.
That the bonds and the interest coupons attached thereto
shall be in substantially the following form:
-15 -
:·~;
t;f
:f
,,·.
'
STATE OF COLORADO
(Form of Bond)
UNITED STATES OF AMERICA
TOWN OF FIRESTONE
GENERAL OBLIGATION WATER BOND
COUNTY OF .WELD
$5,000
The Town of Firestone, in the County of Weld and State
of Colorado, for value recei_ved, acknowledges itself indebted and
hereby promises to pay to the bearer hereof the principal sum
of
FIVE THOUSAND DOLLARS
on the 1st day of October, 19_, with interest thereon at the
rate of per· cent um
( ______ %) per annum, payable on April 1, 1981, and semi-
annually thereafter on the 1st day of April and the 1st day
of October, each year, both principal and interest being payable
in lawful money of the United States of America, at the Platte
Valley Bank of Weld County, Frederick, Colorado, upon presentation
and surrender of the annexed coupons and this Bond as they sever-
ally become due.
Bonds of this issue maturing on or before October· l,
· 1983; shall not be callable for redemption prior to maturity.
Bonds maturing on October 1, 19 _jj and thereafter, are redeemable
prior· to maturity at the option of the Town on October 1, 1983,
and on any interest payment date thereafter, in inverse numerical
order, upon payment of par and accrued interest to the date of
redemption.
This Bond is issued by the B6ard of Trustees of the
Town of Fire stone, Colorado, for the . purpose of supplying water
to the Town and its inhabitants, by extending and improving
the waterworks system of the Town, under the authority of and in
full conformity with the Constitution of the State of Colorado,
t_he provisions of Title 31, Article 15, Part 3, Colorado Revised
Statutes 1973, as amended, and all other laws thereunto enabling,
and pursuant to an Ordinance of the Town duly adopted, published
and made a law of the Town prior to the issuance of this Bond •.
It is hereby certified and recited that all the require-
ments of law have been fully complied with by the proper officers
of the Town in the issuance of this ~ond: that the total d~bt
of the Town, including that of this Bond, does not exceed any
limit of indebtedness prescribed by the Constitution or Laws of
the State of Colorado, and that provision has been made for the
levy and collection of a general ad valorem tax on all the taxable
property in said Town, sufficient to pay the interest on and the
principal of this Bond as the same respectively become due.
-16 -
The full faith and credit of the Town of Firestone,
Colorado, are hereby pledged for th~ punctual payment of the
principal of and the interest on this Bond.
IN TESTIMONY WHEREOF, the Board of Trustees.of the Town
of Firestone, Colorado, has caused this Bond to.be signed with the
facsimile signature of the Mayor of the Town, se~led with an
impression of the seal of the Town, attested and countersigned by
the manual signature of the Town Clerk and Treasurer, and the
attached interest coupons to be. signed with the facsimile sign a-.
ture of the Town Treasurer, as of the .. lst day of August, 1980.
(SE AL)
ATTESTED AND COUNTERSIGNED:
( Do Not Sign) ·
(Manual Signature)
Town Clerk and Treasurer
TOWN OF FIRESTONE, COLORADO
-17 -
(Do Not Sign).
(Facsimile Signature)
Mayor
(Form of Interest Coupon)
No. $ _____ _
June,
On the 1st day of December, 19 , unless the. Bond to
which this coupon is attached, if redeemable, has been called for
prior redemption, the Town of Firestone, in the County of Weld and
Sta.te of Colorado, will pay to bearer the amount shown hereon in
. .
lawful money of the United States of America,· at the Platte
Valley Bank of Weld County, Frederick, Colorado, being interest
then due on its General Obligation Water Bond, dated August 1,
1980, bearing
No.
-18 -
(Do Not Sign)
(Facsimile Signature)
Town Treasurer
Sect ion 3. DISPOSITION OF BOND PROCEEDS. Said ·bonds,
when executed as provided by law, shal 1 be delivered to the
purchaser thereof in accordance with its contract of purchase.
The proceeds of the bonds herein authorized. shall be used only for
the purpose of paying the costs and expenses of supplying the Town
with water and for no other purpose whatever. Neither the pur-
,chaser of the bonds nor the subsequent holder of any of them shall
be responsible for the application or disposal by the Town, or any
of its officers, of any of the funds derived from the sale thereof.
All or any appropriate portion of the bond proceeds may
be temporarily invested or reinvested pending such use in secu.:..
ri ties or obligations which are lawful investments for such towns
in the State of Colorado. It is hereby covenanted and agreed by
the Town that the temporary investment or reinvestment of the bond
proceeds, or any portion thereof, shall be of such nature and
extent, and for such period, that the bonds shall not be or become
arbitrage bonds within the meaning of Section 103(c) of the
Internal Revenue Code of 1954, as amended, and pertinent reg-
ulations, and such proceeds, if so invested or reinvested, shall
be subject to the limitations and restrictions of said Section
103( c), and pertinent regulations as the same now exist or may
later be amended.
Section 4. PAYMENT OF PRINCIPAL AND INTEREST. If
necessary, the interest to become due on said bonds on April 1,
1981, shall be advanced from the water fund or other funds of the
Town which are lawfully available therefor. For the purpose of
reimbursing said fund, and for paying the interest accruing on the
bonds promptly as the same become due, and for providing for the
ultimate payment and redemption of the bonds, there shall be
levied on all the taxable property in ihe Town, in addition to all
ofhe~ taxes, a general ad valorem tax in each of the years 1980 to
192..2_, inclusive, sufficient to make such reimbursement and to pay
the principal of and interest on the outstanding bonds as the same
become due and payable. Said taxes when collected shall be
deposited in. a special fund to be known a~ the "Town of Firestone
Water Bond Fund, 1980", and such Fund shall be applied solely to
the purpose of the payment of the interest on and the principal of
the bonds and for no other purpose whatever, until the indebted-
ness so contracted . under th is . Ordinance, both principal and
interest, shall have been fully paid, satisfied and discharged.
Nothing herein ·contained shall be so construed as to prevent the
Town from applying any other funds or revenues that may be in the
Town treasury and available for that purpose, to the payment of
the interest or principal, as the same respectively mature, and
upon any such payments, the levy or levies herein provided may
thereupon be diminished to that extent.
-19 -
An amount necessary to pay all costs and expenses
incidental to the issuance of said bonds and the amounts herein-
before provided to pay the interest on said bonds and to discharge
the principal thereof when due, are hereby appropriated for that
purpose, and said amount for each year shall also be included in
the annual budget and the appropriation bills to be adopted and
passed by the Board of Trustees of the Town in each year, respec-
tively.
It shall be the duty of the Board of Trustees of the
Town, annually, at the time and in the manner provided by law for
levying other Town taxes, if such action shall be necessary to
effectuate the provisions of this Ordinance, to ratify and carry
out the provisions hereof with reference to the levying and
collection of taxes: and the Board shall levy, certify and collect
said taxes in the manner provided by law for the purpose of
creating a fund for the payment of the principal of the bonds and
interest thereon, and said taxes, when coll¢cted, shall be kept
for and applied only to the payment of the interest and principal
of the bonds as hereinabove specified.
Section 5. ESTABLISHMENT OF RATES AND CHARGES FOR
SERVICES. Notw i ths tand i ng the foregoing provisions for tax
levies, the Town hereby further covenants and agrees to establish,
maintain, collect and enforce a schedule of rates, fees, tolls and
charges I for connection to and use of the waterworks system of the
Town, which schedule shall be sufficient to assure that the
revenue thereby produced, together with the proceeds of general
ad valorem taxes and any other legally available funds, shall pay
all reasonable costs and expenses of operating and maintaining the
waterworks· system and to pay the interest on and principal of the
General Obligation Water Bonds, herein authorized, promptly as the
same become due and payable, respectively.
Section 6. DEFEASANCE. When all principal,· interest
and prior redemption premiums, if any, in connection with the
bonds hereby authorized have been duly paid, the pledge and lien
and all obligations hereunder shall thereby be discharged and the
bonds shall no longer be deemed to be outstanding within the
meaning of this ordinance. There shall be deemed to be such due
payment when the Town has placed in escrow and in trust with a
commercial bank located within or without the State of Colorado,
and. exercising trust powers, an amount sufficient ( including the
known minimum yield from Federal Securities in which such amount
. '
may be initially invested) to meet all requirements of principal,
interest and prior redemption premium, if any, as t.he same become
due to their final maturities or upon designated prior redemption
dates. The Federal Securities shall become due at or prior to the
respective times on which the proceeds thereof shall be needed, in
accordance with a schedule established and agreed upon between the
-20. -
Town and such bank at the time of the creation of the escrow, or
the Federal Securities shall be subject to redemption at the
option of the holders thereof to assure such availability as so
needed to meet such schedule. The term "Federal Securities"
within the meaning of this section shall include only direct
obligations of, or obligations the principal and interest of which
.:1re unconditionally guaranteed ,.by, the United States of America.
Section 7. REPEALER, All ordinances or parts thereof.
in conflict with this Ordinance are hereby repealed.
Section 8. RATIFICATION AND APPROVAL OF PRIOR ACTION,
That all actions heretofore taken by the officers of the Town and
members of the Board of Trustees, not inconsisteni with the
provisions of this Ordinance relating to the authorization,
issuance, and deli very of said bonds, be and the same are hereby
ratified, approved, and confirmed.
Sect ion 9. ORDINANCE IRREPEALABLE. After said bonds
are issued, this Ordinance shall be and remain irrepealable
until said bonds and the interest thereon shall have been fully
paid, satisfied and discharged,
Sect.ion 10. SEVERABILITY, · Should any one or more
sections or provisions of this Ordinance be judicially determined
invalid or unenforceable, such determination shall not affect,
impair or invalidate the remaining provisions hereof, the inten-
tion being that the various provisions hereof are severable.
Section 11, RECORDING AND AUTHENTICATION. This Ordi-
nance, immediately on its passage shall be recorded in the Town
Book of Ordinances. kept for that purpose, authenticated by the
signatures of the Mayor and Clerk and shall be published as
required by la.w ..
Section 12. EMERGENCY PROVISION. By reason of the
fact that the Town and its inhabitants must be properly and
adequately supplied with water, and that it is necessary to
issue and sell bonds of the Town to pay the costs and expenses
of extending and improving the water system, which costs and
expenses have and will hereafter become due and payable, it is
hereby declared that an emergency exists, that this Ordinance is
necessary to the immediate preservation of the public peace,
health and safety, and that it shall take effect upon adoption and
compliance with the provisions of Section 31-16-104, Colorado
Revised Statutes 1973, as amended.
INTRODUCED, ADOPTED AND APPROVED AS AN EMERGENCY ORDI-
NANCE, This,&_ day of August, 1980.
·~
(7u1Ji1 0~12Z21 S E A L )
Mayor
-21 -
..
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 116 OF THE TOWN OF FIRE-
STONE ESTABLISHING A DELINQUENT DATE FOR ASSESSMENTS DUE FOR
SPECIAL IMPROVEMENT DISTRICT NO. 1.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE-
STONE, WELD COUNTY, COLORADO:
Section 1. Section 2., of Ordinance No. 116 of the
Town of Firestone, Weld County, Colorado, is amended to read
as follows:
Section 2. Payment of Assessments. That
the assessments shall be due and payable at the of~
fice of the Town Clerk within thirty days after the
publication of this Ordinance, without demand; pro-
vided that all such assessments may be paid, at the
election of the property owner, in installments,
with interest as hereinafter provided. Failure to
pay the whole assessment within said period of
thirty days shall be conclusively considered and
held an election on the part of all persons inter-
ested, whether under disability or otherwise, to pay
in said installments.
An allowance of 5% shall be made on all payments
of assessments made during such thirty day period of
time, but not thereafter.
Such election shall be conclusively held and
considered as a waiver of any right to question the
power or jurisdiction of the Town to construct the
improvements, the quality of the work, the regularity
or sufficiency of the proceedings, or the validity
or the correctness of the assessments, or the valid-
ity of the lien thereof.
In the event of such election to pay in install-
ments, the assessme~ts shall be payable at the office
of the County Treasurer of Weld County, Colorado, in
ten (10) equal annual installments of principal, the
first of which installments of principal shall be
due and payable on or before the 1st day of January,
1979. The remainder of said installments shall be
due and payable successively on or before the 1st day
of January, in each year thereafter until paid in
full, with interest on the unpaid principal amount
at the rate of nine and one-half per centum (9-1/2%)
per annum, commencing as of the effective date of
this Ordinance, and payable each year at the time
of paying installments of assessments. The tenth
and last installment of assessments will be due and
payable of January 1, 1988. Installments not paid
on or before the last day of February of each year
shall become delinquent and shall be subject to
penalty and interest as set forth in Section 3. , of
this Ordinance No. 116.
Section 2. In all other respects Ordinance No. 116 of
the Town of Firestone shall remain the same.
Section 3. Severability. That if any one or more
sections or parts of this Ordinance shall be adjudged unenforce-
able or invalid, such judgment shall not affect, impair or inval-
idate the remaining provisions of this Ordinance, it being the
intention that the various provisions hereof are severable.
Section 4. Repealer. .All ordinances or parts thereof
in conflict with this Ordinance are hereby repealed.
Section 5. Recording and Authentication. This Ordin-
ance, immediately on its passage shall be recorded in the Town
Book of Ordinances kept for that purpose, authenticated by the
signa·tures of the Mayor and Clerk and shall be published as
required by law.
Section 6. Emergency Provision. By reason of the
fact that Special Improvement Bonds for the District have been
issued and are outstanding, and are payable from special assess-
ments, and that it is necessary to levy and collect assessments
agains't the property included within the District at the earliest
possible date, it is hereby declared that an emergency exists,
that this Ordinance is necessary to the immediate preservation
of the public· peace, .heal th and safety, shall be passed and
approved as an emergency ordinance, and become effective upon
publication.
ADOPTED A.ND APPROVED this 12th day of August, 1980.
(SEAL)
ATTEST:
-2-
ORDINANCE NO. /£JS-
AN ORDINANCE PERTAINING TO THE REMOVAL OF RUBBISH, TRASH, AND
OTHER WASTE MATERIAL FROM THE TOWN OF FIRF,STONE, \"/ELD COUNTY,
COLORADO.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO:
SECTION 1.
Part V, Chapter
by repelaed.
Sections 8-18 through 8-22, inclusive, of
8 of the Code of the Town of Firestone are here-
SECTION 2. Section 8-18 of Part V, Chapter 8 of the Code
of the Town of Firestone is re-enacted as follows:
8-18. Definitions.
a.) Waste Materials -Waste !".a terial is defined as
including ashes, trash, ,1aste, rubbish, garba<JJ.e
or other discarded material and shall be deemed
to include but not limited to leaves, grass, limbs,
weeds, trimmings, cans, bottles, rags, paper, boxes
and any other matter ordinarily discarded in or about
dwelling houses, commercial establishl"'.ents or in-
dustrial sites.
b;) Receptacles -Receptacles are defined as cans of
a capacity no greater than 32 c_rallons and weighing not
more than 35 pounds when filled or plastic bags having
a capacity of not more than 32 aallons and weiahincr
not more than 35 pqunc'!s when fillec'! ..
c.) Hazardous materials -Hazardous materials are defined
to include but shall not be limi:.ted to hot ashes,
hot coals, radioactive material, explosive substances,
chemical waste, flammable material., and other similar
substances.
d.) Bulky materials -Bulky materials are defined as
limbs, boards, pipe and similar objects in excess
of two (2) feet in length as well as any other
item or material of unusual size, including but not
limited to automobiles or parts thereof, refrigerators,
washers, dryers, television sets, bicycle frames
and building materials.
SECTION 3. Section 8-19 of Part V, Chapter 8 of the Code
of the Town of Firestone is re-enacted as follows:
8-19. Collection System Established.
The Town of Firestone hereby establishes a collection service
for waste materials except for hazardous materials and bulky
materials for residential units of four (4) units or less as
follows:
a.) The collection system shall provide for collection
and removal of waste materials with the exception
noted in this Section 8-19 on a weekly basis.
b.) All acceptable waste materials shall be placed in
receptacles, as defined in this Part V, by the onwer,
tenant or occupant of said residence of four (4)
units or less. The receptacle shall be placed in
the alley adjacent to each residence on a weekly
schedule established by the Town. If there is no
adjacent alley, the receptacle shall be placed on
the street in front of the residence. If the waste
material is other than that provided for or if it
is not in a proper receptacle or if the receptacle
is not properly placed, the Town shall be under no
obligation to collect or remove the waste material.
c.) Any owner, occupant or tenant may choose to re-
move his or her own trash or may contract v'i th a
trash service other than that furnished by the
Town subject to the provisions of this Part V.
SECTION 4. Section 8-20 of Part V, Chapter 8 of the Code
of the Town of Firestone is re-enacted as follows:
8-20. Non-Residential, Large Residential, and Non-Acceptable
Waste Material Removal.
a.) All commercial, industrial, and residential units
containing more than four (4) living units are
excluded from the collection service system estab-
lished in this Part V.
b.) All hazardous and bulky material is excluded from
the collection service system established in this
Part V.
SECTION 5. Section 8-21 of Part V, Chapter 8 of the Code
of the Town of Firestone is re-enacted as follows:
8-21. Mandatory Removal of Waste Materials.
a.) All waste materials, including hazardous or bulky
materials shall be collected and removed from the
Town on a weekly basis by the owner, tenant or
occupant of each residence, living unit, business or
commercial enterprise or industrial site located
within the Town of Firestone, either by self-service,
by the service established by the Town, or by an
independent service.
b.) Any residence eligible for the Town collection ser-
vice but having hazardous or bulky waste material
that is not acceptable to the Town collection ser-
vice, shall provide for its removal pursuant to
8-21 (a).
SECTION 6. 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 par't or parts are declared invalid.
SECTION 7. 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 pro-
visions 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 8. In the opinion of the Board of Trustees of the
Town of Firestbne, Weld County, Colorado, this Ordinance is neces-
sary for the immediate protection and preservation of the public
health, safety, convenience, and general welfare.
L day of wi. ~,k--<J /
Passed ~~oard of Trustees of the Town of Firestone this
, 1980.
Mayor
-2-
ORDINANCE NO. 156
AN ORDINA:,CE LEVYING TAXES F.OR TIIE YEAR 1981, '~O DEFRAY THE
COSTS OF MUNICIPAL GOVERtlME:lT OF FIRESTONE, COLORADO, FOR
THE FISCAL YEAR BEGINrUNG JAl'lUARY 1, 1981, AND E"WING DECEMBER
31, 1981.
WHEREAS, the Board of Trustees of the 'l'own of Firestone
shall adopt a budget for the fiscal year beginning January
1, 1981, and ending December 3r, 1981, and
WHEREAS, the Board of Trustees has determined that the
proper mill levy upon each dollar.of the-assessed valuation
of all taxable property wi th!in the Town is _;t,_'2. 593mills.
NOW, THEREFORE,. BE IT O,RDAINED BY TIIE BOARD OF 'i'RUSTEES
OF 'l'IIE TOWN OF FIRES'rONE, CO;LORADO: ·
'
Section 1. That for the purposes of defraying the
expenses of the General. Fund, of Firestone, Colorado, during tl1e
fiscal year beginning on January 1, 1981; and ending on December
31, 1981, there is hereby le,v:i,eo a tax of -S.....14-3-mills upon
each dollar of the total a,sFssed valuation bf all taxable
property within the Town of Firestone for the year 1981 .
• i
Section 2. That for, the purpose of defraying the ex-
pensc--ofpayTng· the in-terestl upon and principal of outstand-
ing bonds of the Town of Fir~stone co~ing due in the fiscal year
beginning January. 1, 19fll, and ending December 31, 1981, there
is hereby levied a tax of 9.94 · mills upon each dollar of the
total assessed valuation of :taxable property within the Town of
Firestone for \:he year 1981.,
Section 3. That the Town Clerk is hereby authorized
and directed to immediately certify to the County Cor.unissioners
of Weld County, Colorado,. the total tax levy for the Town of
Firestone, Colorado, as ·is herein set forth.
!
IN'l'RWUCED, . READ, AND AD. OPTED .ON
0
day of Z/2,:;~ , A.D.,' 19 _ _&,:
FIRST READEJG this ,}!£._ _
1/• L cP~4flJ:;-Mayor -r-·
' .
AT'rEST:
~~~·
Town Clerk '
I. ;1
ORDINANCE i'iO. . /-5° ~
AN ORDINA,iCE LEVYING TAXES FOR TI!E YEAR 1981, TO DEFRAY THE
COSTS OF MUNICIPAL GOVERNMEl~T OF FIRESTONE, COLORADO, FOR
'fiiE FISCAL YEAR BEGINNING JANUARY 1, 1981, AND E'mING DECEMBER
31, 1981.
WHEREAS, the Board of Trustees of the Town of Firestone
shall adopt a budget for the fiscal year beginnirig January
1, 1981, and ending December 31, 1981, and
WHEREAS, the Board of 'I'rustees has determi'1ed that the
proper mill levy upon each dollar of the assessed valuation
of all taxable property within the Town is ___ mills.
NOW, THEREFORE, BE I'i' ORDAINED BY TI!E BOARD OF TRUSTEES
OF 'l'l!E TOWN OF FIRESTONE, COLORADO:
Section 1. That for the purposes of defraying the
expenses of the General Fund of Firestone, Colorado, during the
fiscal year beginning on January 1, 1981, and ending on December
31, 1981, there is hereby levied a tax of ___ mills upon
each dollar of the total assessed valuation cf all taxable
property within the Town of Firestone for the year 1981.
~ection_~ That for the purpose of defraying the ex-
pense of paying the interest upon and principal of outstand-
ing bonds of the 'rown of Firestone co;ning due in the fiscal year
beginning January 1, 1981, and ending December 31, 1981, there
is hereby levied a tax of-,,-..,.-~ mills upon each dollar of the
total assessed valuation of taxable property within the Town of
Firestone for the year 1981.
Section 3. That the Town Clerk is hereby autl10rized
and dlrected to immediately certify to the County Cor.unissioners
of Weld County, Colorado, the total tax levy for the Town of
Firestone, Colorado, as is herein set forth.
IWCRODUCED, READ, AND ADOPTED ON FIRST READEJG this
day of ________ , A.D., 19
Mayor
AT'rEST:
Town Clerk
ORDINANCE i'iO. _/.£1,_ __
AN ORDINA,;CE LEVYING TAXES FOR T\IE YEAR 1981, ';'0 DI:FRJ'.Y Ti!S
COSTS OF MUNICIPAL GOVERllME,n OF FIRESTONE, COLORADO, FOR
'filE FISCAL YEAR l3EGINiHNG ,JANUARY 1., 1981, AND E"Wii:JG DECEMBER
31, 1981.
WHEREAS, the Board of Trustees of the Town of Firestone
shall adopt a budget for e1e fiscal year beginning January
1, 1981, and ending December 31, 1981, and
WHEREAS, the Board of Trustees has determined that the
proper miil levy upon each dollar of the assessed valuation
of all taxable property wit!1in the Town is mills.
NOW, THEREFORE, BE I'l' ORD/\Ii~ED l.lY 'l'l!E BOAR!) OF TRUSTE;::S
OF 1'11E TOWN OF FIRESTONE:, COLORADO:
~':;,C::~,i,9_n_J_.:_ ':.'!wt for the purposes of. clef:raying the
expenses of the General Funcl of Firestone, Colorado, during t 11e
fiscal year beginning on January 1, 1981, and ending on December
31, 1981, there is hereby levied a tax of mills upon
each dollar of the total assessed valuation of all taxable
property within the Town of Firestone for the year 1981.
Section 2. That for the purpose of defraying the ex-
pense of paying the interest upon ancl principal of outstand-
ing bonds of the Town of Firestone co~ing due in the fiscal year
beginning January 1, 1981, and ending December 31, 1981, there
is hereby levied a tax of ~--mills upon each dollar of the
total assessed valuation ol taxable property within tl1e Town of
Firestone for the year 1981.
Section 3. That the Town Clerk is hereby authorized
and directed to immediately certify to the County Commissioners
of Weld County, Colorado, the total tax levy for the Town of
Firestone, Colorado, as is herein set forth.
INTRODUCED, READ, AND ADOPTtD ON FIRST REJ\JliJG this
day of_______ , A.D., 19
11ayor
----·-·-------·-·· Town Clerk
i
'.....,_· .. -, --··...----------
ORDINANCE_~lc.......:c:f'.-:2'~·--
AN ORDINANCE ADOPTING-THE BUDGET FOR THE TOWN OF
FIRESTONE, COLORADO, FOR THE FISCAL YEAR BEGINNING ON
THE 1st DAY OF JANUARY, 1981, AND ENDING ON THE LAST
DAY OF DECEMBER, 1981, 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, 1981, and ending December 31,
1981, 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 Nov. 11 1 & Nov. 13 ,_1980.
WHEREAS, the assessed valuation of taxable. property
f_or the year 1980 in the Town of Firestone, as returned by
the County Assessor of Weld County, Colorado is the sum of
$ 5.826.970.00
NOW, THEREFORE, BE IT_ORDAINED BY THE TOWN 0£ FIRESTONE,
WELD COUNTY, .COLORADO.
Section 1. 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 Reseivable
Road & Bridge
_Other Revenues
TOTAL
$ 33,464.00
$ 74'146.00
$ 107 610. 0.0
$ 57,920.00
$ 133,435.00
$ 191,355.00
$ 1,500.00 --'---'----------
$ 7,500.00
$ 8,200.00
$ --------
$ 27,934.00
$ 43,634.00
, .,
i
' , .,
}
(2)
ORDINANCE /"£7
REVE!lUE SHARING FUND
TOTAL
SPECIAL ASSESSMENT DIS.T. #1
TOTAL
Section 2: That the estimated
fund of the Town of Firestone are
GENERAL F'.UND
WATER FUND
PARK FUND
HIGHWAY FUND
REVENUE SHARING FUND
SPECIAL ASSESS. DIST. #1'
$ 3,931.00 _ ___:___; __ .;...;_ __ _
$193,525.00
expenditures for each
as follows:
$ 107,610.00
$ 191,355.00
$ 1,500.00
$ 43,634.00
$ 3,931.00
$ )93 525 DD I
Section 3; That the budget for the.Town of Firestone,
Colorado, for the fiscal year beginning January 1, 1981,
and ending December 31, 198.1, as heretofore submitted to
the Board of Trustees by the T.own Tru.stees, 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 budget herein approved and adopted
shall be signed by the Mayor and the Town Clerk, and be
niade a part of the public .. records of the Town of Firestone.
.J:J;;;ODUCED, READ, AND
, ~ I ·1900.
ATTEST:.
-# .·'
ADOPTED ON THIS /j DAY OF
Mayor
-,, £,/ud~)
V
Town Clerk
ORDINANC.E
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 JANlJARY 1, 1981, and ENDING ON TH.E LAST DAY OF
DECEMBER, 1981.
WHEREAS, THE BOARD OF TRUSTEES HAS, by ordinance, made
the proper tax levy i.n mills upon . each dollar of the total
· assessed valuation of a.11 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 treai,rury, ··.and
WHEREAS, THE BQARD OF TRUSTEES IS NOW DESIROUR QF
making appropriations for the ensu;i.ng fiscal year.
NOW THEREFORE, BE J:T OR.DA.INED BY THE BOARD OF 'l'RUSTEE$
OF THE TOWN OF FIRESTONE, COLORADO:
Sect:i,on 1: That the following appropriations are hereby
made fo):" 'the Town of Firestone,. Colorado, for the fiscal YEl.ar
beginning January 1, 1981, and endirig on the last day of
Qecember, 1981, U1e sµm of $_:_1Q7,610.00 from the General Fund,
the sum of $ 19LJ55 ,_00 . from the Water Fund, th.e sum of
$ l_. 500, o_o from the Park Fund for the payment 9f t_he
operati11;g expenses and capital outlay of the general gqvernment,
public safety, public work,;, recreation, and public health.
Section 2: That the Stlm of $ 43.634.00 is hereby
ap.p:J?opr:i,ated from t:he Highway Fund for thEl operation, maintenance
an.€1 <;:Qristrt1qt,:i,9n qf :I'<:>ads.
Seqtion 3: Thc1t the sum of $ 3_,931,00 is hereby appropriated
fr9m t.hEl :Revenue Shar:i,ng Fund to be used for genElral ·purposes.
Section 4: That the sum of$ 193,525.00 is hereby
appropriated :f:or t.he payment of the Spec:i,al Assement Bonds and
int.erest.
. INTRODUC:ED, R~A.D, AND ADOPTED ON ~ ........ .
-~l{<&b~. , 1980.
. / ~Ed,
THIS /0 . DAY OF
.~1ayor
ATTEST:
Town CJer~
ORDINANCE NO.
AN ORDHIANCE AMENDING CHAPTER XII I OF THE CODE OF TllE TOWN
OF FIRESTONE BY ADDING A DIVISION II OF PAR'l' II RELATIHG TO CABLE
TELEVISION FRANCHISES.
WHEREAS, the Town. has been approached by prospective Cable
Television operators and it is anticipated that formal proposals
for serving the Town of Firestone with Cable Television service
have or will be made; and
WHEREAS; there exists a need for regulation of Cable Tele-
vision service available withi~ the Town of Firestone.
NOW, THEREFORE, BE IT dRDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, COLORADO, that:
Section 1. Chapter XIII of the Code of the Town of Firestone
is hereby amended by the addition of the following Division
II of Part II:
DIVISION II. CABLE TELEVISION FRANCHISES
13-50 DEFINITIONS: For the purpose of this Ordinance, the
following terms, phrases, words and their derivations
shall have the meanings given herein. When not inconsistent
with the context, words used in the present tense include
the future, words of the plural number include the singular
number, and words in the singular number include the plural
number. The word "shall" is mandatory, and "may" is permis-
sive. Words not defined shall be given their common and
ordinary meaning.
A. ''Access channels" means those channels set aside for
specific acce~s purpos~s, including, but not limited
.to, the following:
(1) "Public access channel" means a specially designated
non-commercial public access channel available on a
first-come, non-discriminatory basis for which the
system shall maintain and have available for free
public use, at l~ast the minimal equipment and
facilities necessary for the production of pro-
gramming for such a channel.
(2) "Education access channel" shall mean a specially
designated channel for use by local educational
authorities.
(3) "Local government acces~ channel'' means a specially
designated channel for local government use.
(4) ''Leased access channel'' means portions of the
system's non-broadcast bandwidth including unused
portions of the specially designated channels for
leased access services.
B. "Additional subscriber service" or "additional service"
means any communications service, other than basic
service, provided by the grantee to its subscribers,
directly or as a carrier for i~s subsidiaries, affiliates,
or any other person engaged in communication services, in-
cluding, but not.limited to, pay television signals,
data or other electronic intelligence transmission,
meter reading, and home shop,:,ing.
~-"Annual gross rebeipts" shall mean any and. all compensa-
tion, r~venue, and other consideration, derived directly
or indirectly, in any form whatsoever, by a franchisee,
. '
its affiliates, subsidiaries, parents, from, or in
connection with, the operation of the Cable Tele-
vision system, with no deductions whatsoever.
D. ''Applicant'' shall mean the natural person, partnership,
domestic or foreign corporation, association, joint
venture, or organization of any kind which applied for
a franchise for Cable Tele0ision to be regulated here-
under.
E. ''Application'' includes all written proposals, in
whatever form, made by the applicant to the City
concerning construction, rendition of services, main-
tenance, or any other matter pertaining to the Cable
Television system contemplated herein.
F. ''Basic service'' shal~ mean all subscriber services
provided by the company, including the delivery of
broadcast signals, covered by the regular monthly
charge paid by all subscribers, excluding additional
service, for which a separate charge is made, and shall
include, brit not be limited to, the following:
(1) All signals of over-the-air television broadcasters
as required by the F.C.C. to be carried by a
community antenna television system as defined by
the F.C.C.; and
(2) chan~els designated for special purposes by the
Council or its designate; and
(3) public, educitional, local government, local
organization, and leased access channel signals;
·and
(4) additional service as proposed by the company in
its application, or as it may hereafter provide.
G. "Cable Television system",_. "CATV. system" or "Community
Antenna Television'' shall mean a system of antenna,
cables, wires, lines, towers, wave guides, or other
conductors, converters, equipment or facilities,
designed and constructed for the purpose of producing,
receiving, transmitting, amplifying and distributing
audio, ·video and other forms of electrbnic or
~lectrica], signals, ;Located in the City.
H. "Cable Televisi.on ·service" means the delivery by the
company to television receivers, or any 0ther suitable
type of audio/video communication receivers, to all
subscribers within the confines of the Town of Fire-
storie of all signals of over-the-air television
broadcasters allowed by the F.C.C. to be carried by
the television system as defined by the F.C.C.; all
F/M rad.io stations carried on the system; local
origination channels; educational channels; public
access channels; leased access channels; pay tele-
vision channels; and other services provided for in
this Ordinance and the company's application.
I. ''Channel'' shall mean a band of frequencies six (6)
megahertz '(MHz) wide in the electro-magnetic spectrum
which is capable of carrying either one audio/video
television signal or a number of nonvideo signals.
J. ''Town'' means the Town of Firestone, a municipal
corporation of the State of Colorado.
K. ''Board of Trustees" shall mean the present governing
body of the Town or any successor to the legislative
powers of the present Board of Trustees.
-2-
L. "Compuny" mc,ans that successful applicant uwardcd
u franchise pursuant to this Ordinance for purposes
of operating a cable television system with the Town,
or the successor, transfcrrce or assignee of the
original applicant for such franchise.
M. ''Converter'' shall mean an electronic device which
converts. signals to a frequency not susceptible to
interference within the television receiver of a
subscriber, and by•use of an appropriate channel
selector also permits a subscriber to view all signals
included in a basic service delivered at designated
converter dial locations.
N. ''Easement'',shall be limited to those rights-of-way
owned by the Town, the terms, conditions or limita-
tions upon which are not inconsistent with the erec-
.tion, construction or maintenance of a CATV system,
its structures or equipment.
O. "Equipment and apparatus'' means manholes, underground
conduits, poles, cables, boxes, wires, fixtures,
conductors, or other facilities necessary, essential
or used or useful to and operated by the cable tele-
vision system.
P. "F.C.C." means the Federal Communications Commission
of the United States Government or its lawful successor.
Q. ''Fair market value" shall mean the price that a will-
ing buyer under no compulsion to buy would pay to a
willing seller under no compulsion to sell.
R. "Franchise" shall mean the non-exclusive rights
granted pursuant to this Ordinance to construct and
operate a Cable Television system along the streets,
alleys, and public ways of the Town.
S. ''Gross revenue'' means any and all revenue derived
directly or indirectly by the company, its affiliates,
subsidiaries, parent, and any person in which the
company has a financial interest, from or in con-
nection with the operation of the Cable Television
system pursuant to this Ordinance; provided however,
all revenues shall include, but not be limited to,
bas!6.subscriber service monthly fees, pay cable
fees, leased channel fees, converter rentals, studio
.rental, production equipment and personnel fees,
and.advertising revenues; and shall not include any
taxes on services furnished by the company herein,
imposed.directly upon any subscriber or user by the
State, City or other,governmental unit and collected
by the company on the behalf of said governmental unit,
and shall not include refunds or credits to subscribers
in .the Town of Firestone.
T. "Initial service area'' shall mean all that area within
the boundaries of the Town of ~irestone as it may be
changed from time to time, having at least fifty (50)
dwelling units per street mile, and as set forth in
the company's application.
U. ''Installation'' shall mean the connection of the system
from feeder cable to subscribers' terminals.
V. ''Party" means any person, firm, partnership, associ-
ation, corporation, company, or organization of any
kind.
W. . "Programmer" means any per son who is or who produces or
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otherwise provides program material for transmission
by audio, video, digital, or other signals, either live
or from recorded tapes, to subscribers, by means of
the Cable Televisionisystem.
X. ''Property of the company'' means all property, real or
personal, 00ried, installed, or used within the City
by the compa~y in trie conduct of the Cable Television
system business unq,er the' authority of a franchise
granted pursuant to this Ordinance.
Y. "Public property" is any real property owned by the
Town other than a highway, sidewalk, easement or
dedication.
Z. ''Public no~ice'' shall mean, unless otherwise defined
herein, minimum public notice of any To0n public
meeting relating to this Ordinance or to any CATV
franchise granted pursuant to this Ordinjnte and:
shall be byapublitation at least once in a local
newspaper of general circulation at least ten (10)
days prior to the meeting; posting at Town Hall; and,
commencing on the fifteenth (15th) day prior to the
meeting, company shall notify its subscribers of the
meeting by announcement on at least one (1) channel
of its CATV system between the hours of 7:00 p.m. and
9:00 p.m. for ten (10) consecutive days.
AA. "Return signals" means a signaling path provided by a
cable communications system to transmit signals of any
type from a subscriber terminal to another point in the
cable communicatio_ns system. May include 'OClass IV
Channels'' as defined by the F.C.C.
BB. "Service" shall mean all communications,· maintenance,
repair, and installation services provided by the company,·
including the delivery of broadcast signals and pro-
gramming covered by the regular monthly charge paid by
all subscribers, including such standard type of ser-
vice tha't is normally furnished by. CATV companies for
a regular monthly charge and such additional com-
munications services as are furnished as a part of the
cable communications system in the way of two-way, re-
turn path services.
CC. ".State'' shiill mean. the State of Colorado.
DD. "Street" shall mean the surface of and the space
•above and.below any public street, road,·highway,
freeway~ land, path, public way, or place, alley,
court, sidewalk; boulevard, parkway, drive, or other
easement now or hereafter held by the Town for the
purpose of public travel, and shall include such other
easements or rights-of-way as shall be now held or
hereafter held by the Town which shall, within their
·proper use and meaning, entitle the Town and the company
to the use thereof for the purpose of installing or trans-
mitting signals over poles, wires, cables, conductors,
ducts, conduits, vaults, manholes, amplifiers, ap-
pliances, attachments and other property as may be
ordinarily necessary and pertinent to a Cable Television
system. ·
EE. "Subscriber" or "user'' shall mean any person or entity
receivi~g for any purpose any service of the company
including, but not limited to, the conventional Cable
Television system service of retransmission of tele-
vision broadcast,-radio ~ignals, company's original
broadcasting, and the local government, educational,
public access, and leased channels and other servi'ces,
including, but not limited to, the leasing of channels,
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data and facsimile transmission, pay television, and
police, fire and similar public service communica-
tion and services associated with the production and
presentation of access channel programming.
FF. ''System'' means the broadband co~nunications facility
which is to be constructed, operated, and maintained by
the company within the Town of Firestone.
GG. ''Two-way capability'' shall mean the technical
capacity for non-voice return communications.
13-51 GRANT, ACCEPTANCE AND EFFECTIVE DATE OF FRANCHISE:
A. The franchise for CATV service granted by the Town
pursuant to this Ordinance shall grant to the company
the right and privilege to erect, construct, operate
and maintain, in, upon, along, across, above, over
and under the highways, sidewalks, easements, dedica-
tions and other public property now in existence and
as may be created or established during its term; any
poles, wires, cable, underground conduits, manholes,
and other television conductors and fixtures necessary
for the maintenance and operation of the CATV system
for the interception, sale, transmission, ·and distribu-
tion of television programs and other audio/visual
electrical signals and the right to transmit the same
to and from the inhabitants of the Town on the terms
and conditions hereinafter set forth. Existing utility
poles of other utilities may be used only if written
approval fromsuch utility is obtained and approved by
the Board of Trustees.
B. The term of the franchise granted by the Town pursuant
to this Ordinance shall be for a period of fifteen
(15) years from and after the effective date.
C. Ahy franchise granted and regulated hereunder, together
with the rights, privileges and authority granted
thereby shall take effect and be in force from and
after the effective date of the granting of the
franchise and after the company has:
/(1) Filed with the Town Clerk an unconditional ac-
ceptance of the franchise grarit and enter into and
execute· such documents as required by the Town con-
sistant with the terms and provisions of this Ordinance.
Said acceptance shall be in a 1orm as prescribed by
"the Town and shall contain provisions that the company,
by its acceptance agrees to provide all services
specifically set f6rth in its application to provide
CATV service within the confines of the Town of Fire-
stone and further, that its application is incorpor-
_ated by reference and made a part of the franchise
and this Ordinance. In the event of conflict between
such proposals and the provisions of this Ordinance,
that provision which provides the greatest benefit
to the Town, in the opinion of the Board of Trustees,
shall prevail. Any acceptance filed by the company
pursuant to this section shall be in writing, duly
eiecuted and sworn to, by or on behalf of the Company,
before a Notary Public or other officer authorized by
law to administer oaths.
02) File certificates of insurance as set forth in
/~ Section 13-66 herein.
~-3) File such bonds, letters of credit, and other
sureties as required in Sections 13-63 and 13-64.
A4) Reimburse the Town for the remaining balance of
any costs incurrec in conducting a public hearing in
determining the grant of any franchise for CATV service.
/(5) Pay to the Town an advance franchise fee of
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$500.00 to be credited against sums due under
Section 13-54 of this Ordinance.
D. In the event the company fails to comply in full with
paragraph C of this Section then it shall be con-
clusively considered that the company has abandoned. its
application and rights to such grant and award of the
franchise, and any such rights that the company may
have acquired under this Ordinance or the grant of the
franchise shall immediately terminate, and the company
shall haVe no right, privilege or authority whatso-
ever under this Ordinance. In the event :lie-~y
has paid the initial franchise fee of 1(000.o(_a.s'
required in paragraph C, above, such ees .sha-lf be
refunded to the company if the company has otherwise
complied with said provisions. If it has not, the
aforesaid costs of awarding the franchise shall be
deducted therefrom and the balance refunded.
E. The company shall have no recourse whatsoever against
the Town for or on account of any loss, cause, expense
or damage arising out of any provisions or requirements
of this Ordinance and/or the grant of any franchise
by the Town of Firestone.
F. The company, by acceptance of any franchise awarded
pursuant to this Ordinance acknowledges that it has
relied ~pon its own investigation and understanding of
the power and authority of the Town to grant such a
franchise.
G. It shall be the overriding duty of the company receiving
the franchise to take advantage of any new develop-
ments in the field of transmission of television and
radio signals which would afford the company an op-
portunity to be more efficient, or to more efficiently
and economically serve its customers so that, at all
times, said Cable Television system shall be no less
advanced than any other system of comparable size,
excepting only systems which are experimental, pilot
or demonstration. It shall be the policy of the Town
.that the CATV system shall, as practicable, maintain
the curient state of the art as regards CATV and this
Ordinance may.be amended when, in the opinion of Council,
such amendment is necessary to facilitate the adaption
· iind promotion of _the use of new developments in the
industry.
13-52 CATV FRANCHISE REQUIRED: !lo CATV system shall be
allowed to occupypr use the right-of-way of the Town or
be allowed to operate without a CATV franchise.
13-53 AUTHORITY NOT EXCLUSIVE: The right to use and occupy
said streets for the purposes herein set forth sha~l
not.be exclusive, and the Town reserves the right to grant
a similar use of said streets to any person at any time
during the period of this franchise .
. ,f7 54
A:::::::~:::= for franchise for Cable Television service ~ pursuant to this Ordinance shall be filed with the
Town Clerk and shall contain at least the following:
(1) The name and business address of the applicant,
date of application, and signature of the applicant or
appropriate cotporate officers.
(2) The application shall contain a general descrip-
tion of the applicant's proposed operation including,
but.not limited to:· business hours, operating staff,
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maintenance procedures, management and marketing staff
compliment and procedures, rules of operation for public
access, a statement of ser0iccs to be provided, a
description of the system design, and proposed pro-
gramming.
(3) A statement setting forth a description of any
automated services proposed as well as a description
of the production facilities to be made available by
the applicant for public, municipal and educational
access channels.
(4) A statement explaining any assistance, in terms of
personnel, equipment, or capacity, to be designated for
the programming or programming assistance for the
public, educational ~nd governmental access channels.
(5) A statement of the applicants proposed rates in
conformity with this Ordinance.
(6) A description of the applicant's organization
and structure including:
(a) If the applicant is an individual,. partner-
ship, or unincorporated association,· it shall
state the names and addresses of all persons
(including corporations) having a proprietary or
equitable interest in and to the applicant's
business operation, and in and to the prospective
franchise, if awarded. The term ''equitable in-
terest'' shall include all assignments for value,
as well as all contingent assignments of any
right or privilege under the prospective franchise,
and shall also include any benefit, payment, or
emolument whatsoever resulting from the grant of
a franchise under the Town of Firestone Board.
(b) If the applicant is a non-public corporation,
the application shalt state additionally, the names
and addresses of the officers, directors and share-
holders of said corporation, together with the
number ot shares held by each shareholder, the
date of incorporation, the date of the last annual
report, and a statement as to whether or not the
corporation is licensed to do business in the
· Stil-te_ of Colorado.·
(c) If the applicant i~ a publicly held corpor-
ation as defined by the Rules and Regulations of
the Securities and Exchange Commission, the state-
ment shall contain the states in which incor-
porated and/or qualified to do business, the
names and address~s of the officers and directors
of the corporation, the names and addresses and
number of shares owned of all stockholders,
both nominal and beneficial, owning one percent
(1%) or more of the outstanding stock of the ap-
plicant.
(d) ·A full disclosure of the ownership of the
facilities to be used in rendering the service.
(7) A statement describing all intra-company relation-
ships of the applicant, including parent, subsidiaty
.or affiliated companies.
(8) A statement setting forth all agreements and
understandings, whether written or oral, existing be-
tween the applicant and any other person, firm, group,
or corporation _with respect to any franchise awarded
and the conduct of the operation thereof existing at
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the time the application is made.
(9) Audited financial stat0ments for the applicant's
two latest fi~cal years unless the applicant has not
been in existence for at least two (2) years, in which
case the applicant shall furnish audited financial
statements for such lesser period of time covering
the period that the applicant has been in existence.
If the applicant is a partnership, audited financial
statements shall'include popies of the ''Federal
Partnership Income Tax Return" for its latest two (2)
fiscal years or such lesser period of time that said
partnership has been in existence.
(10) A technical description of the type of network
proposed by the applicant, including, but not limited
to, network configuration (i.e. hub) network capacity,
two-way operation capability and service to be provided
and a description of the studio or studios, studio
equipment, planned hours of operation and hours of
availability, if any, that will be made available to
governmental, public and/or educational institution
or agencies.
(11) A statement from the applicant's senior technical
staff member, or consultant, advising that he/she has
reviewed this Ordinance and that the applicant's
planned network and operations thereof will meet all of
the requirements set forth herein.
(12) A statement of existing franchises held by the
applicant indicating, with particularity, when the
franchises were issued or awarded and when the systems
were constructed together with the name, address and
phone number of a governmental offical knowledgeable
of the applicant and its performance in each such
franchise area.
(13) A statement as to whether the applicant or any
of its officers or directors has in the past been con-
victed of any felony.
(14) A statement detailing the prior CATV experience
of the applicant including that of the applicant's
officers, management and staff to be associated.with
the proposed op~ration.
(15) If 'an application is for renewal of the franchise,
the proposal must include, in addition to the inform-
ation required in Subsections (1) through (14), above:
(a) A summary of the technical, financial and
programming history of the network since the grant-
ing of the original franchise.
(bl A statement and timetable that outlines all
proposed changes, expansion or improvements in
the network as to services, programming or technical
specifications during the forthcoming ten (10)
year period.
B. Ten (10) copies of the application shall be filed.
Supplementary, additional or other information that
the applicant deems reasonable for consideration may be
submitted at the same time as its application, but must
be separately bound and submitted in the above number
of copies. The Town may, at its discretion, consider
such additional information as part of the application.
C. The Board of Trustees reserves the right to require
such supplementary, additional or other information·
that it deems reasonably necessary for its determination
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under this ·Ordinance.
D. Not withstanding any other requirement, each ap-
plicant for a CATV franchise must accompany with
its application a certified check for $500.00 made
payable to the Town of Firestone, Colorado. No
application for a franchise will be cons~dered
without the accompaniment of said check.
(1) All checks received will be deposited to an
account of the Town and will serve to recover all
expenses incurred by the Town in granting of the
franchise. Said expenses shall include, but not be
limited to, consultants' expenses, reasonable value
of services performed by the Town's employees, agents
or contractors, and the cost of elections or other-
wise, for the granting of said franchise. In addition
the applicant shall pay all advertising and publica-
tion charges incurred by the Town.
(2) Any funds remaining after all expenses have
been paid will be refunded equally to the applicant.
The Town shall not guarantee any amounts to be re-
funded.·
(3) In the event that the expenses exceed the total
amount of the fees collected for the applicant, then
the company shall pay to the Town the excess amount
within thirty (30) days of the award of a franchise,
as certified to the company by the Town.
13-55 TIME IS OF THE ESSENCE: Whenever this Ordinance
shall set forth any time for any act to b~ performed by or
on behalf of the company, such time shall be deemed to be
of the essence, and any failure by the company to perform
within the time set forth shall constitute a material breach
of the terms of this Ordinance and shall entitle the.Town
to invoke all penalties and remedies prescribed in this
Ordinance as well as all other legal or equitable remedies
available to the Town.
13-56 FRANCHISE TERRITORY:
A. Any company awarded a franchise pursuant to this
Ordinance.to operate a Cable Television system shall
apply its operations throughout the Town according to
its present boundaries, and as those boundaries may
change from time to time by various annexations.
B. The company shall not be required hereunder to extend
its service to any area unless there exists in that area
a potential of at least fifty (50) dwelling units per
street mile. When the potential of fifty (50) dwell-
ing ~nits per street mile does not exist; the company
shall make a charge for installation at actual cost,
including labor and material, for cable extension,
for servicing this portion of the system.
13-57 LOCAL BUSINESS OFFICE; SERVICE MAINTENANCE STANDARDS
AND COMPLAINT PROCEDURES:
A. The company shall maintain a local business office
within five (5) miles of the Town for the purpose of
receiving inquiries, complaints and requests for re-
pairs or :adjustments from its cu~tomers and the general
public. Said office shall also be operated so that
complaints and requests for repairs or adjtistments
may be received and processed with a minimum delay.
Provisions shall also be made for telephonically
receiving service interruption call on a twenty-four
(24) hou~ basis on a non-toll line.
B. The company shall maintain a repair and maintenance
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crew capable of _responding to subscriber complaints
and reguests for service at normal service intervals. When
the basis of the compiaint is a defect or problem existing in
company owned, installed, or maintained equipment,
there shall be no ch~rge to the subscriber for this
service. Normal service interval for purposes of
this Ordinanc~ shall mean the period between the
time that the company is notified by the subscriber
of a service deficiency and the third close of
business following the receipt of such hotice provided
that the subscriber or his representative is available,
during the period, at the premises. This provision shall
not apply to new requests for service until initial
construction of the system is substantially completed.
C. Any verbal, telephonic or written complaint relating
to the quality or continuity of service shall be at-
tended to within a normal service interval. In the
event that·such complaints are not responded to or
that service is not restored to the levels required
by the F.C.C. or by the terms of this Ordinance dur-
ing said normal service interval, the subscriber shall
be entitled to a rebate of one-fifteenth (1/lSth) of
his normal monthly service charge for each day or
part thereof between the end of the normal service
interval and the time service is restored to set
standards. This provision shall not apply if. such
delay is occasioned because of an act of God, strike,
national emergency, or any other circumstance beyond the
control of the company.• Similarly, this provision
shall not apply to service requests or complaints
pertaining to television set malfunction or other
breakdowns not related to the operation of the Cable
Television system.
D. The company shall establish procedures for receiving,
acting upon and resolving subscriber complaints. The
company shall furnish notice of such procedures to each
subscriber at the time of initial subscription to the
system. In addition, the grantee shall maintain a
written .record ot "log'' listing date and time of
customer complaints, identifying the subscriber and
describing the nature of the complaints and what
action was taken by the company in response thereto
and such information as the Town may require regard-
ing said complaints, shall _be transmitted to the Town
Clerk no less than monthly or as otherwise specified
herein. Said records shall be kept at the company's
local office reflecting the operations to date and
shall be available for inspection during regular business
hours.
E. In the event cofuplaints of a similar nature are made,
F.
or where there exists other evidence which, in the
judgment of the Board of Trustees casts a doubt on
the reliability or quality of the cable service pro-
vided, Board of Trustees shall have the right to test,
analyze and report on the performance of this system.
Such reports shall be delivered to the Board of Trustees
no later than fourteen (14) days after the Board of
Trustees formally notifies the company and shall
iriclude the following information: the nature of the
complaints which precipitated the special tests;
what system component(s) tested, the equipment used
and the procedures employed in testing; the results
of such tests; the methods in which said complaints
were resolved, if applicable; and any and all additional
information deemed relevant by the Board,'
Any tests or analyses required hereunder shall be super-
vised .by a registered professional engineer not on the
permanent staff of the company and selected by the Town.
Said engineers shall sign all records of special tests
and forward to the Board such records with a report
interpreting the results of the test and recommend-
ing action to be taksn by the Town Board. Costs of
said engineer shall be born by the company.
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13-58 COMPLIANCE WITH STATE AND FEDERAL LAWS: Not with-
standing any other provision in this Ordinance to the
contrary, the company shall at all times comply with all
laws and regulations of the State and Federal government or
any administrative agencies thereof. Provided, however,
if any such State or Federal law or regulation shall
prohibit the company from performing any service, in
conflict with the terms of this Ordinance or of any law or
regulation of the Town, then as soon as possible following
knowledge thereof, the company shall notify the Town of
the point of conflict believed to exist between such reg-
ulation or law and the laws or regulations of the Town
or this Ordinance.
13-59 POLICE POWERS: Nothing in this Ordinance or in any
agreement or Ordinance in)accordance herewith shall be
construed as an abrogation by the Town of any of its Police
powers.
13-60 PARTIAL LISTING OF RIGHTS RESERVED TO THE TOWN:
A .. The Town reserves such rights and powers which under
applicable Federal or State law or regulations, the Town
must reserve and maintain. Company shall comply
with any action or requirements of the Town in the
exercise of such rights and powers which either have
been or shall, subsequent to the grant of the franchise
be enacted Of established.
B. The Town may inspect all construction or installation
work performed pursuant to any CATV franchise.
C. The Town may grant additional franchises within the
Town to other persons for the conduct of Cable Tele-
vision systems.
13-61 NOTICE: All notices from the company to the Town pur-
suant to this Ordinance shall be to the Town Clerk or to
s_uch other officers designated by the Board of Trustees.
Company shall maintain with the Town throughout the term
of this franchise, an address for service of all notices
by mail.
13-62 CONDITIONS OF STREET OCCUPANCY:
A. The company shall have the right and privilege of
constructing, erecting, operating, and maintaining a
Cable Television system, equipment and apparatus,
upon, through, along, under and over the ~treets within
the corporate boundaries of the Town of Firestone as
they now exist or may hereafter be extended; sub-
ject to the provisions hereof and to all powers (in-
cluding Police powers) inherent in and conferred upon
or·reserved to the Town.
B. No pavements, sidewalks, curbs, gutters, or other such
street installation shall be disturbed and no excava-
tion in any of the said streets will be made, or any
poles installed, except with the express written permis-
sion of the Town. All ·equipment and apparatus shall be
located in such portion of said streets as may be
designated by the Town and company shall repair any
disturbance or excavation to the extent that the
pavement, sidewalk, curb, gutter or other street instal-
lation is returned to condition as it existed prior to
said disturbance or excavation.
C. The company shall, at its expense, protect, support,
temporarily disconnect, relocate in the s~me street or
other public place, or remove from the street or other
public place, any property of the company when required
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by the Town by reason of traffic conditions public
safety, street vacation, street construction, change in
establishment of street grade, installation of sewer,
drains, water pipes; tracks or any other type of
structural improvement by any public agency:
D. All wires, conduits, cables and other property and
facilities of the company shall be so located, con-.
stiucted, installed and maintained so as not to
endanger or unnecessarily interfere with the usual and
customary trade, traffic and travel upon the streets
and public places of the Town. The company shall keep
accurate maps and records of all its facilities and
furnish copies of said maps and records as requested by
the Town. The company shall not place poles or other
equipment 'where they: will interfere with the rights or
reasonable convenience of adjoining property owners,
or with any gas, electric, or telephone fixtures, or
with any water hydrants or sewer _and water mains. All
poles and other fixtures placed in the streets shall be
placed in the right-of-way between the roadway and the
property, as specified by the Town.
E. All wires, cables, amplifiers and other property shall
be constructed .and installed in an orderly and workman-
like fashion. All cables and wires shall be installed
parallel with existing telephone and electric wires
whenever possible. Multiple cable configurations
shall be arranged in parallel and bundled, with due
respect for engineering and safety considerati6ns. All
installation shall be underground in those areas of
the Town where all public utilities (those providing
telephone or electric service) are underground. In
.areas where both telephone and electric facilities are
above ground at the time of installation, the grantee
ma·y install its service above ground provided, however,
that at such time as those facilities are required to
be placed underground by the Town, the company shall
likewise place its service underground without ad~
ditional cost to the resid~nts of the Town other
than as may be granted by the provisions of this Or-
dinance.
F. The Town shall give the company reasonable notice of
plans for .street improvement where paving or resurfac-
ing of a permanent nature is involved. _The notice
shall give the' company sufficient time to make any
additions, alterations, or repairs to its facilities
as it deems necessary in advance of the actual com-
mencement of the work, so as to permit the company
to maintain continuity of service.
G. The com~any shall, at the request of any person l1olding
a building moving permit, temporarily raise or lower
its wires to permit the moving of said building. The
•. expense of such temporary removal, raising or lower-
ing of wires shall be paid by the person requesting
the same, and the company shall have the authority
to require such payment in advance.
H. The company shall have the authority to trim trees
overhanging upon streets, alleys, sidewalks, and any
other public places of the Town so as to prevent the
branches of such trees from coming in contact with
the wires and cables of the company. All trimming
ii to be done under the supervision and direction of
the Town and at the expense of the company. The company
shall make every effort to preserve the aesthetic
beauty and viability of any tress or shrubbery trimmed.
The company may contract for such services, however,
any firm or individual shall obtain Town approval prior
to commencing such.activity. Any property owner whose
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property may be affected shall be given written
notice of the companies intent to undertake such
actions at least ten (10) days prioi to such
trimming in order that said property owner may
undertake the required trimming themselves and to
consult with the company in that regard~ All tree
limbs and other refuse to be removed by the company
and at its expense.
I. Public buildings shall be connected to the cable
system at no charge upon the direction of the Town.
Such requests for service shall be initiated by any
local government through the Town. There shall be
no monthly charges for providing basic subscriber
services t.o said facilities. •
13-63 LETTER OF CREDIT/CASH DEPOSIT:
A.
B.
c.
D.
Within ten (10) days after the,award of any ftanchise
for a Cable Television operation granted pursuant to
this Ordinance the company shall deposit, with the Town,
cash or an irrevocable Letter of Credit in the amount
of ·TWO THOUSAND AND NO/100 (2,000.00) DOLLARS, the
form and content of which shall be approv~d. by the
Town Attorney.· The Letter of Credit shall be used to
insure: the faithful performance by the company of all
provisions of the franchise, this Ordinance, and the
company's proposal; compliance with all orders, permits
and directions of any agency, commission, board,
department, division or office of the Town having
jurisdiction over th.15 Ordinance; and the payment by
the company of any claims, liens and taxes due the
Town which arise by reason of the construction, opera-
tion or maintenance of the system.
· The deposit shall be maintained at .TWO' THOUSAND AND
NO/100 1.($,~~'.00.0. 00) DOLLARS during the entire term of
the franchise, even if amounts have to be withdrawn
pursuant to Subdivision A or C of this section.
If the company: fails to pay to the Town any compensa-
tion within the time fixed herein; fails after ten (10)
days notice to pay to the Town any taxes due and unpaid;
fails to repay the Town within ten (10) days, any
damages, costs or expenses which the Town is comp~lled
to pay by reason of any act or default of the company
in connection with this franchise; or, fails, after
three (3) days notice of such failure by the Town to
comply with any provision by this franchise which the
Town reasonably determines can be remedied by demand
on the Letter of Credit or cash deposit, the Town may
immediately request payment of the amount thereof,
interest penalties, and interest at the then prevail-
ing.legal rate, from said Letter of Credit or deduct
said amounts from the cash deposit. Upon such request
·. for payment or ,deduction, the Town shall notify the
company of the amount and date thereof.
The rights reserved to the Town with respect to the
Letter of Credit or cash deposit are in addition to
all of the other ·rights of the Town, whether reserved
by this Ordinance or authorized by law, and no action,
proceeding or exercise of a right with respect to such
cash deposit or Letter of Credit shall affect any
other right the Town may have.
13-64 CONSTRUCTION BOND:
A. Within thirty (30) days after the award of this franchise,
the company shall obtain and maintain at its cost
and expenses, and file with the Town Clerk, a cor-
porate surety bond from a company authorized to do
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' n
business within the State of Colorado and found ac-
ceptable by the Town Attorney, in an amount to be
determined by the Town Board to guarantee the timely
construction and full activation of this Cable
Television system.
B. The bond shall provide, but not be limit~d to, the
following conditions:. There shall be recoverable by
the Town, jointly and severally, from the principal
and surety, any and all damages, loss or costs suf-
fered by the Town resulting from the failure of the
company to satisfactorily complete and fully activate the
CATV system throughout the franchise area where the
CATV system will be initially available to subscribers
pursuant to the terms.and conditions of 13-70 of this
Ordinance. '
C. Any extension to any prescribed time limit must be
authorized by the Board of Trustees. Such extension
shall be authorized only when the Board finds that
such extension is necessary and appropriate due to
causes beyond the control of the company.
D. The construction bond shall be terminated only after
the Board of Trustees finds that the company has
satisfactorily completed initial construction and
activation of the CATV system pursuant to the terms
and conditions of Section 13-70.
E. The rights reserved to the Town with respect to the
construction bond are in addition to all other rights'
of the Town, whether reserved by this Ordinance or
authorized by law, and no action, proceeding or exercise
of a right with respect to such construction bond shall
affect any other right the Town may have.
F. The construction bond shall contain the following
endorsement:
"It is hereby understood and agreed that this
bond may not be cancelled by the surety nor
the intention not to renew be stated by the
surety until thirty (30) days after receipt by
the Town, by registered mail, a written notice
of intent to cancel or not renew."
13-65 INDEMNIFICATION: .
A. "The company shall, at its sole cost and expense,
fully ·indemnify, defend arid hold harmless the Town,
its officers, boards, commissions and employees
against any and all claims, suits, actions, liability,
and judgments for damages (including, but not limited
to, expenses for reasonable legal fees and disburse-
ments.and liabilities assumed by the Town in connec-
tion therewith):
(1) To persons or property, in any way arising out of
6r through the acts. or omissions of the company, its
servants, ag.ents or employees or to which company's
negligence shall in any way contribute;
(2) Arising out of any claim for invasion of the right
of privacy, for defamation of any person, firm or
corporation, for violation or infringement of any
copyright, trademark, trade name, service mark or
patent, or of any other right of any person, firm or
corporation (excluding claims arising out of or relating
to Town programming);
(3) Arising out of the company's failure to comply with
the provis~ons of any Federal, state or local statute,
-14,-
regulation or Ordinance applicable to the company in its
business hereunder; and
(4) Any liability which may arise with regard to a
claim for Violation of any Federal, state or local
statute, regulation or Ordinance, dealing with civil
rights or antitrust.
B. In accordance with the foregoing indemnity, the Town
shall give the company prompt notice of the making of
any claim or the commencement of any actioh, suit or
other proceeding covered by the provisions of this
Section. Nothing herein shall be deemed to prevent the
Town from cooperating with the company and participat-
ing in the defense of any litigation by its own counsel
at its sole cost and :expense. No recovery by the Town
of any sum by reason of the Letter of Credit required
in 13-63 hereof shall be any limitation upon the
liability of the company to the Town under the terms
of this Section, except that any sum so received by
the Town shall be deducted from any recovery which the
City might have against the company under the terms
of this Section.
13-66 LIABILITY.AND INSURANCE:
A. The company shall maintain throughout the term of the
franchise, liability insurance insuring the Town and
the company in the minimum amount of:
(1) $100,000. 00 .,for property damage to any one person;
(2) $300,000.00 for property damage in any one ac-
cident;
(3) $300,000.00~ for personal injury to any one per-
·son; and
(4) $1,000,000.00 for personal injury in any one
accident.
' B. The insurance policy obtained by the company in com-
pliance with this section must be approved by the Town
Attorney, and such insurance policy, along with written
evidence of payment of required premiums, shall be filed
and maintained with the Town Clerk during the term of
the franchise, and may be changed from time to time to
refl~ct changing liability •limits. The company shall
immediately advise the Town Attorney of any litigation
which may develop that would affect this insurance.
C. Neither the provisions of this Section nor any damages
recovered by the Town thereunder shall be construed
to or limit the liability of the company under any
franchi~e issued pursuant to this Ordinance.
D. All insurance policies maintained pursuant to the
. franchise for Cable Television shall contain the fol-
lowing endorsement:
''It is hereby understood and agreed that this insur-
ance policy may not be cancelled by the surety nor the
intention not to renew be stated by the surety until
thirty (30) days after receipt by the Town by registered
mail, a written notice of such intention to cancel
o,r not to renew."
13-67 RATES/SPECIAL MONTHLY SERVICE RATES/DEPOSITS:
A. The Board of Trustees may, by separate Ordinance,
approve a schedule for maximum rates for services
which the company may charge. In the absence of any such
-15-
rate setting by ·ordinance the rates as proposed by
the company in its application shall control. The
absence of such rate setting by the Board of Trustees
at any time shall not preclude the Board of Trustees
from taking such action at such time and to such
extent as is deemed appropriate by the Board of Trustees.
B. The Board of Trustees may set maximum rates, by separate
ordinance, for any or all of the company's services,
including but not limited to:
(1) Installation;
(2) Converter rental;
(3) Converter deposit;
(4) Basic monthly service;
(5) Additional outlets;
(6) Project rewiring;
(7) Institutional service;
(8) Transfers; !
(9) Reconnection;
(10) Relocatio11;
(11) Service calls;
(12) Undergrounding.
C. Company may make application for revision of the rate
schedule at any time in accordance with the following
procedures:
(1) The company may petition the Board of Trustees
for a chinge in rates by filing a revised rate schedule
including its justification(s) for said proposed new
schedule.
(2) Within fourteen (14) days of notification by the
Board of Trustees of the piace and time established
for-a hearing Tegarding rate change, the company shall
notify its subscribers of the date and time of said
hearing by announcement on at least one .(1) channel of
its system, between the hours of 7:00 and 9:00 p.m. for
ten (10) consecutive. days immediately prior to the
hearing.
(3) Within thirty (30) days of the filing of said
petition for rate change, the Board of Trustees shall
hold a public hearing to consider the proposed rate
change, at which hearing all persons desiring to be
heard, including the company, shall be heard on any
matter, including, but not limited to, the performance
of tl1ifl fninchi.sq, t.l10. r,0111pi111y :,nr,v.icr:i, nnd l:.lw pr.opoAed
new rates.
(4) Within thirty (30) days after said hearing, the
Board of Trustees shall render a written decision on
the company's petition either accepting, rejecting or
modifying the same and reciting the basis of its
decisiQn.
(5) The criteria for Board's decision on such matters
shall be the establishment df rates which are ''fair
and reasonable'' to both the company and its subscribers
and shall be generally defined as the minimum rates
-16-
necessary to meet all applicable costs of service,
including fair return on all invested capital, all
assuming efficient and economical management.
( 6) In order for the Board of Trustees to determine
whether proposed rate changes comport w~th the criteria
established in subparagraph (5) above, include the
following financial reports:
(a) Balance sheet;
(b) Income statement;
(c) Cash flow statement;
(d) Statement of sources and applications of
funds;
(e) Detailed supporting schedules of expenses,
income, assets and other items as may be
required;
(f) Statement of current and projected sub-
scribers and penetration.
The company's accounting records applicable to this
system shall be available for inspection by the Town
at all reasonable times. The Town shall have access
to records of financial transactions for the purpose
of verifying burden rates or other indirect costs
prorated to the Firestone operation.
(7) The Bo~rd may extend its time for rendering a
decision regarding the company's petition for up to
thirty (30) days, by Resolution. If Board fails to
act within the initial thirty (30) day period fol-
lowing a public hearing on any rate increase, or
within the additional thirty (30) day period of any
extension, the company's petition shall be deemed to
have been' granted.
D. Company may charge spe~ial lower monthly service rates
to hotels, motels, nursing homes, hospitals and other
similar buildings where there is one hundred percent
(100%) . subscription, as may be established by the
Board of Trustees by separate Ordinance.
E. The company may provide service to full-time dealers
and television sales and service without a monthly
charge.
F. Company may require an advance deposit of all or a
part of all of the estimated costs for installation,
G. The company may require subscribers to pay for each
month of basic service in advance at the beginning
of each month. No other advance payment or deposit
of any kind shall be required by company for.basic
subscriber service.
13-68 FRANCIIISE FEES:
A. The company shall pay to the Town, for use of the
streets and other facilities of the Town in the opera-
tion of the Cable Television system and for the
municipal supervision thereof during the life of the
franchise, a sum equal to five percent (5%) of the
annual gross revenues of the company. The company shall
file with the Town within thirty (30) days after the
expiration of each of the company's fiscal quarters,
a financial statement clearly showing the gross rev-
enues received by the company during the preceding
-17-
quarter. Payment of the quarterly portion of the
franchise fee shall be rendered to the Town at the
time such statement is filed. The company shall also
file, within ninety (90) days following the con-
clusion of each fiscal year of the grantee, .an an-
nual report prepared and audited by an officer of tl1e
company showing the year's total gross revenues, franchise
payments made to the Town, and any further relevant
financial information with regard to the company as may
be required by the Town.
B. In the event this franchise should be terminated or
forfeited prior to the end of the basic fifteen (15)
year term, the company shall immediately submit to
the Town an audited financial statement showing the
gross rev~nue of the; company for the time elapsed
since the last quarter for which the company has paid
to the Town the required percentage of gross annual
revenues. The grantee shall pay to the Town not
later than thirty (30) days following the termination
of the franchise a like percentage of such gross
revenue.
C. In the event that any payment is not made on or before
the applicable date fixed in Subsections A. and B.
hereof, companies shall be subject to the penalty
provided for in Section 13-77.
D. The Town shall have the right to inspect the
companies records showing the gross revenues from which
its franchise payments are computed. The right of
audit and recomputation of any and all amounts paid
under this franchise shall be always accorded to the
Town. No acceptance of any payment by the Town shall
be construed as a release of or an accord and satis-
faction of any claim the Town might have for further or
additional sums payable under the terms of fhis Ordin-
ance or for any other performance or obligation of
the company hereunder.
E. Payments of compensation made by the company to the
Town pursuant to the provisions of this Ordinance
shall be considered in addition to and _exclusive of
any and all taxes, business license fees, or other
levies or assessments which are now or which may here-
after be authorized by the laws_ of the Unites States,
State of Colorado, or the Towri.
13-69 TECHNICAL STANDARDS AND SPECIFICATIONS/SYSTEM CHANNEL
CAPACITY:
A. All construction, installation and maintenance of
equipment related to the company CATV system shall
comply with the following:
(1) National Electric Safety Code as adopted by the
Town.
(2)
0
National Electric Code of the National Fire Pro-
tection Association.
(3) National Bureau of Standards Handbook 81 (Part 2).
(4) Structural Standards for steel antenna-towers and
antenna supporting structures, EIA Standards RS-222-C
as published by the Engineering Department of the
Electronic Industries Association, 2001 I Street, N.W:,
Washington, D.C, 20006.
(5) Bell Telephone System Code of Pole Line Construction.
(6) Applicable FCC or other Federal, State and local
regulations and technical standards.
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(7) With regard to any tower constructed for use in
the Town's Cable Television system, Federal Aviation Agency
regulations, including, but not limited to, Objectives
Affecting Navigable Airspace, 14 CFR 77.1, et. seq.,
February, 1965, and Construction, Marking and Lighting
of Antenna Structures 47 CFR 17.1, et. seq., September,
1967. ·
(8) Federal Communications Commission Regulations,
Technical Rules and Standards, 47 CFR 76.601-76-613
(1972).
B. Construction, installation, and maintenance of the CATV
system shall be performed in an orderly and workman-
like manner. All cables and wires shall be installed,
where possible, parallel with electric and telephone_
lines. Multiple cable configurations shall be arranged
in parallel and boundled with due respect for engineer-
ing considerations.
C. All working facilities and conditions used during
construction, installation and maintenance of the
CATV system shall comply with the standards of the
Occupational Safety and Health Administration.
D. Stray radiation (Rf leakage) shall be checked at
reception locations for emergency radio services
to· .. provide that no interference signal combinations
are possible. Stray radiation shall be measured
adjacent to any proposed aeronautical navigation radio
sites to prove no interference to airborne ·navigational
reception in the normal flight patterns.
E. The CATV system shall be capable of delivering all
National Television Systems Committe color and mono-
chrome standard signals (developed and presented to
the FCC on July 21, 1953) to standard Electronic
Industries Association approved television receivers
without noticeable degradation.
F, The CATV system shall meet all performance criteria
over the ambient tempeiature range prevailing in
the franchise area.
G. The company shall construct a Cable Television
system that shall. have not less than thirty-five (35)
video channels or an equivalent amount of bandwidth
capacity. ·
13-70 CONSTRUCTION TIME TABLES:
A. Upon the granting of the CATV franchise, the company
shall, within thirty days, file any and alld:Jcuments
required, to obtain all necessary Federal, State and
local licenses, permits and authorizations required for
the conduct of its business (except for building
permits), and shall upon request of the Town submit
reports to the Board of Trustees on progress in this
respect until all documents are in hand.
B. Construction of the system shall commence within tl1irty
(30) days after the effective date of the franchise.
Within six (6) months from the date of the award
of the CATV franchise, the company must make Cable
Television service available to every dwelling unit
within the initial service areas.
13-71 POWER TO CONTP~CT/POLE USAGE: The company may enter
into contracts with any public utility companies or any
other owners or lessee of any poles located within or with-
out the Town to whatever extent such contract or con-
tracti may be expediant and of advantage to the company
for use of poles and posts necessary for proper installation
-19-
of the system, obtain right-of-way permits from appropriate
State, County and Federal officials necessary to cross
highways or roads under their respective jurisdictions
to supply main trunk lines from the company's receiving
antennas, obtain permission from Federal Aviation Admin-
istration to erect and maintain antennas suitable to the
needs of the system and its subscribers and obtain whatever
other permits the Town, County, State or Federal officials
may require.·
13-72 DISCONNECTION:
A. There shall be no charge for disconnection from any
. Cable Television system. If a user or subscriber had
· failed to pay properly due monthly fees, or if a user
or subscr{ber disconnects for seasonal periods, the
company may require,· in addition to full payment of
delinquent fees, a reasonable fee for reinstatement.
B. If a user or subscriber fails to pay a properly due
monthly subscriber fee, or any other properly due fee
or chaige, the franchisee may disconnect the sub-
scriber's service outlet upon a ten (10) day written
notice. If the subscriber pays within ten (10) days
after payment is due and after notice of disconnection
has been given, the company shall not disconnect the
subscriber's service.
13-73 CHANGE APPLICATION PROCEDURE:
A. Except as otherwise specifically provided herein, all
applications by the company for changes in service,
construction schedules, transfer of ownership, proposed
changes in regulations or Ordinances, etc., shall be
made and processed according to the following procedure:
(1) Applications shall be in a form as prescribed by
the Town;
(2) An application may be rejected for inadequacy
by the Town if it contains an inadequate description
of what is being applied for, is not in an acceptable
form, or contains insufficient facts or information
for adequate consideration;
(3) A rejection of an application for an inadequacy
shall be in writing and shall state the nature of
said deficiencies;
(4) Upon acceptance, the Town shall review the ap-
plication regarding the necessity of further staff
study and reports. The Town Clerk shall submit the
application to the Board if he deems it adequate and
complete and in need of no further staff study or report.
Upon submittal to the Board, notice shall be given to
the company of the date, time and place that the matter
will be considered. All such matters shall be con-
sidered in a public hearing with notice being given
to the public as described herein. In no event shall
the application be submitted to the Board later than
thirty (30) days from acceptance by the Town Clerk.
(5) Following a public hearing, the Board may submit
the application for further study and information,
and may request that additional documents and pro-
visions be provided, in which case a new hearing date
~hall be established.
(6) Following the public hearing and the receipt of
any additional information requested, the Board may
approve, disapprove, or modify the change requested
by the company.
-20-
13-74 COMPANY SERVICES:
A. The company shall provide all subscribers with all
television signals required to be carried pursuant
to FCC Rules and Regulations, and all local ac-
cess channels as defined herein.
B. The company shall maintain, as a mi11imum, the fol-
lowing (access channels):
(1) At least one (1) specially designated, non-
commercial public access channel to be used by
the Town in conjunction with Dacono, Frederick
and the local school.; system.
At such time as the Board of Trustees determines
that additional channels are necessary the company
shall activate one (1) or more additional channels
for non-commercial, public and educational use.
C. The company shall have available equipment for local
production and presentation of Cable cast programs
other than automated services and s~all permit its
use for the production and presentation of public
access programs.
D. The company shall make available equipment for
color productions for the production of program-
ming involved in access channeling. The equipment
shall be kept and stored in the Tri Town area and
made available to the Town for use.
E. Company may charge for the use of such facilities
as contemplated in Sections C & D above according
to such rates as approved by the Board of Trustees.
13-75 EMERGENCIES:.
A. In the event of a11 emergency o~ disaster, the company
shall, upon request of the 'l'own, make available· its
facilities to the Town, the County, State or Federal
governments at no cost for emergency us~ during the
period of.such emergency or disaster and shall pro-
vide such personnel as necessary to properly operate
the system under said ci~cumstance~. ··
B. The company shall incorporate into its fqcilities the
capability for an emergency override alert, whereby
the Town, in times of crisis, may be able to introduce
a bulletin on all channels simultaneously.
C. If, at any time, in the case of fire or disaster in
the Town, it shall be necessary in the reasonable
judgment of the Town Engineer, to cut or move any
of the wires; cables, amplifiers, or other appurtances
to the network of the company, such cutting or re-
moving may be done and any repairs necessary thereby
shall be made by the company at its sole expense pro-
vided that such repairs are not necessitated by a
negligent act of the Town in which case costs of
repairs shall be borne by the Town.
13-76 CONTINUITY OF SERVICE:
A. The company shall be required to provide continuous
service to all subscribers in return for payment of
the established fee.
-21-.
B. If the company elects to ovcrbL1ild, rebuild, modify,
sell or determines to abandon the system or the
Town removes or fails to renew the franchise, elects
to purchase the system, if tile franchise becomes
void, the company is required as part o( its fran-
chise to continue to operate the system and provide
continuous, uninterrupted service until an orderly and
lawful change of operation is effectuated regardless
of the circumstances. Under no circumstances shall
this period of operation exceed three (3) months from
the ,date of occurance of any of the above events.
'
13-77 PENALTIES:
A. For violation of the following provisions of this
Ordinance, penalties shall be chargeable to a Letter
of Credit or other security as follows:
(1) For failure to complete CATV system construction
in accordance with the plans as submitted by the
applicant and as required hereunder, unless the Board
of Trustees specifically approves the delay by motion
or Resolution, or when the delay is due to octur-
rence of conditions beyond the company's ·control, the
company shall pay $100.00 per day for each day, or
part thereof, the deficiency continues.
(2) For failure to provide data, documents, reports,
information or to cooperate with the Town during an
application process for CATV system review, company
shall pay $50.00 per day for each day, or part thereof
the violation occurs or continues.
(3) For failure to test, analyze and report on
the performance of the system following a request
pursuant to this Ordinance, the company shall pay
to the Town $50.00 per day for each day, or part
thereof, that such non-compliance continues.
(4) For failure to pay franchise fee when due pur-
suant to 13-68, company shall pay $100.00 per day,
or part thereof, that the violation continues.
(5) For failure to refund the cash deposit as re-
quired in 13-78 within the specified thiity (30)
days, grantee shall pay $100.00 per day, or part
thereof,, that the violation continues.
13-78 REFUNDS TO SUBSCRIBERS AND USERS:
A. If the company fails to provide any reasonable ser-
vice request by a subscriber or user, the company
shall, after being afforded reasonable opportunity
to provide the service, n6t to exceed thirty (30)
days, promptly refund all deposits or advance charges
paid for the service in question by said subscriber
or user. This provision shall not alter the company's
responsibility to subscribers and users under any
separate cohtractual agreements the company may have
with said subscribers or users or to relieve the
company for liability for penalties under this
Ordinance that may be assessed by the Town for damage
that may result to the Town or any subscriber or
user because of the company's failure to provide
the service promised.
n. If any subscriber terminates any monthly service during
-22-
the first twelve (12) months of said service because
of failure of the company to render the service in ac-
cordance with the standards set forth in this Ordinance,
the company shall refund to said subscriber an amount
equal to the installation or reconnection charge paid
by the subscriber multiplied by the fraction of the
twelve (12) month period for which the subscriber will
not be receiving the service. In the event that said
subscriber has made an advance payment, the amount paid
shall be refunded by the company.
This provision shall not relieve the company of liability
established in other provisions of this Ordinance.
C. If any subscriber terminates, for personal reasons,
any monthly service prior to the end of a prepaid
period, a pro-rata portion of any prepaid subscriber's
service fee, using the number of days as a basis,
shall be refunded to the subscriber by the company,
within thirty (30) days.
13-79 COMPANY RULES AND REGULATIONS: The company shall have
the authority to promulgate such rules, regulations, terms
and conditions governing the conduct of its business, as
shall b,e reasonably. necessary to enable the company to
exercise its rights and performance obligations undei this
Ordinance and the franchise, and to insure an uninter-
rupted service to each and all of its customers, provided,
however, its rules, regulations, terms and conditions shall
not be in conflict with the provisions hereof or applicable
State and Federal laws, rules and regulations.
13-80 RIGHTS OF INDIVIDUALS:
A. The company shall not initiate or use any form,
procedure, or device for procuring information
or data from Cable subscriber's premises by use of
the Cable system without prior valid written authoriza-
tion from the subscriber so affected. Valid authoriza-
tion shall mean 0ritten approval from the. subscriber
for a period of time not to exceed one year, and said
authorization shall not have been obtained from the
subscrib~r as a condition for providing service not
requiring return path monitoring. Further, it shall
be.unlawful for the company, without such authoriza-
tion, to activate and/or utilize return signals in
any manner from the subscriber's premises. In any
case, the subscriber shall have the right and opportunity
to deactivate the return path from his or her premises.
B. Neither the Town nor the company shall, without prior
valid written authorization from each subscriber so
affected, provide any data identifying subscribers'
names or addresses to any other party, and said author-
ization shall not have been obtained from the sub-
scriber as a condition for providing service not re-
quiring return path monitoring.
C. No person, firm, group, company, corporation, govern-
ment body, or agency, shall procure•information or data
from Cable subscribers' premises by use of the Cable
system without prior written authorization from each
subscriber affected. Valid authorization shall mean
written approval from the subscriber for a period of
time not to exceed one (1) year and shall not have
been obtained as a condition for providing service
not requiring return path monitoring.
D. No authorization for procurement or dissemination of
subscriber identifiable information or data shall be
valid unless it specifies:
(1) The type or types of information or data covered;
-23-
,, .
(2) 'l'he parties uuthorized to collect, receive, store,
record, transmit or otherwise convey this information or
data.
Further, all authorizations shall specify the maximum
period of time that any subscriber ident{fiable inform-
ation or data shall be preserved in any manner or form.
E. A written copy of all subscriber identifiable inform-
ation or data which is retained and/or disclosed and
the disposition of this information or data, together
with any explanation necessary to make it under-
standable to the subscriber, shall be provided to the
affected subscriber within thirty (30) days of pro-
curement. Further disclosure~ shall be fully detailed
in writing to the affected subscriber within thirty
(30) days of such disclosure.
F. Nothing contained herein shall prohibit the company
from conducting system-wide or individually addressed
''sweeps'' for the purpose of verifying system integrity,
controlling return path transmission, or billing for
pay services.
13-81 FISCAL REPORTS: The company shall file annually with
the Town Clerk, no later than 120 days after the end of the
company's fiscal year, a copy of a financial report, in-·
eluding an income statement applicable to its operations
during the preceding twelve (12) month period, a balance
sheet, and a statement of its investment in such properties
on the basis of original cost, less applicable depreciation.
Such report shall be certified as correct by an authorized
officer of the company and there shall be submitted along
with such report any other reasonable information as requested
by the Town with regard to the company's properties and
expenses related to its CATV system operations within the·
Town.
13~82 ACCESS TO BOOKS AND RECORDS:
A. Copies of all petitions, filings, applications, and
correspondence submitted by the company to the Federal
Communications Commission, Securities and Exchange
Commission, or any other Federal or State regulatory
commission or agency having jurisdicti'on in respect
to any matters effecting Cable Television operations,
shall be submitted simultaneously to the Town.
B. The company shall fully cooperate in making available
at reasonable times, and the Town shall have the right
to inspect the books, records, maps, plans and.other
like materials of the company applicable to the
Firestone CATV system, at any time during normal business
hours; provided, that where volume and convenience
necessitate, the company may require the inspection
to take place on company premises.
13-83 TRANSFER OF OWNERSHIP OR CONTROL:
A. This francl1ise shall not be assigned or transferred,
either in whole or in pc1rt, or leased, sublet or mort-
gaged in any manner, nor shall title thereto, either
legal or equitable, .or any rigl1t, interest or property
therein, pass to or vest in c1ny person without the
prior written consent of the Town. Company may, how~
ever transfer or assign the franchise to a wholly
owned subsidiary of the company, and such subsidiary
may transfer or assign the franchise back to the
company without such consent.
B. Any proposed assignee must show financial responsibility
as determined by the Town and must agree to comply with
-24-
all provisions of the franchise and this Ordinance.
The Town shall be deemed to have consented to a
proposed transfer or assig~ment in the event its
refusal to conse11t is not commuriicated in writing to the
company within sixty (60) days following the receipt
of written notice of the proposed transfer or assign-
ment.
C. The company shall promptly notify the Town of any
actual or proposed change in, or transfer of, or ac-
quisition by any party of control of the company. The
word ''control'' is used here and is not limited to
major ·stockholders but includes actual working control
in wha.tever manner exercised. Every change, transfer,
or acquisition of control of the company shall make
the franchise subject to cancellation unless and until
the Town shall have consented thereto, which consent
will .not be unreasonably withheld. For the purpose
of determining whether it shall consent tb such change,
transfer or acquisition of control, the Town may in-
quire into the qualifications of the prospective con-
trolling party, and the company shall assist in any such
inquiry. In addition to those criteria mentioned above
for determining whether or not to approve any such
change, transfer or acquisition, the Board may also
look into the moral character of the proposed assignee,
including but not limited to, his criminal history;
convictions or judgments for fraud, deceit, or mis-
representation against the proposed assignee; and whether
or not there is any claim or lawsuit pending against
the proposed assignee arising out of or involving a
Cable Communication system.
D. No transfers described herein shall be made or approved
within thirteen ( 13) · months of the award of a franchise
for Cable Television.
E. The consent or approval of the Board to any transfer
of the company shall not constitute a waiver or release
of the rights of the Town in and to the streets, and
any transfer shall by its terms, be expressly sub-
ordinate to the terms and conditions of this franchise.
F. In the absence of extraordinary circumstances, the
Town will not approve any transfer or assignment of
the franchise prior to substantial completion of
construction of the proposed system.
lJ-84 FORFEITURE AND TERMINATION:
A. In addition to all other rights and powers retained by
the Town under this franchise or otherwise, the Town
reserves the right to declare a forfeiture and termin-
ate the franchise and all rights and privileges of the
comp~ny hereunder in the event of a substantial
breach of its terms and conditions. A substantial
breach by the company shall include, but not be limited
to, the following:
(1) Violation of any ~aterial provisions of the
franchise, this Ordinance, or any rule, order, regulation
or determination of the Town made pursuant to the
franchise and this Ordinance. ·
(2) Attempt to.evade any material provision of the
franchise or existence of any fraud or deceit practiced
upon the Town or its subscribers or customers.
(3) Failure to begin or complete system construction
or extension as provided under this Ordinance or ac-
cording to the company's application or proposal.
-25-
•
(4) Failure to provide .the types o[ service promised
or required l1crcundcr.
(5) Failure to restore service after ninety-six_ (96)
consecu I: i ve hours of in tc,r n,ptc,d sc,rv 1cc, c,xccpt where
approval of such interruption i,; obtained from the
Town; or
(6) Material misrepresentation of fact in the, ap-
plication for said franchise.
B. Any of th~ above mentioned shall not constitute a
_major breach if the violation occurs, but is without
fault of the company or occurs as a result of circum-
stances beyond its control. The company shall not be
excused by mere. economic l1atdship, by misfeasance or
malfeasance of its directors, officers or employees.
C. The Town may make a written demand that the company
comply with any such provision, rule, order or
determination under or pursuant to its franchise and/
or this Ordinance. If the violation by the company
continues for a period of thirty (30). days following
such written demand without written proof that cor-
rective action has been taken or is being actively or
expeditiously pursued, the issue of termination of
franchise may be placed;before the Board. The Town
shall cause to be served upon the company at least
twenty (20) days prior to the date of such Board ·
hearing, a written notice of tl1e intent to request such
termination and the date and place of the hearing.
Public notice shall be given of the hearing and issue
which the Board is to consider.
D. At the public hearing, Board shall hear and consider
the issue and shall hear any person interested therein
to d~termine whether or not a violation by the company
has occurred.
E. If the Board shall determine the violation by the
company was the fault of the company and within its
control, the Board may, b~ Resolution, declare that
the franchise of the company is forfeited and termin-
ated unless there is compliance within such period as
the Board may fix; such period not to be less than
sixty (60) days, provided no opportunity for compliance
need be granted for fraud or misrepresentation.
F. The issue of forfeiture and termination shall auto-
matically be placed on the Board agenda at the
expiration of the time set for compliance. The Board
may then terminate the franchise forthwith upon find-
ing that the company has failed to achieve compliance
or may further extend the period in its discretion for
good cause.
13-85 FORECLOSURE-RECEIVERSIIIP:
A. Upon the foreclosure or other judicial sale of all or
a substantial part of thee CabJ,, Com111uni.cation syc:tecm,
or upon the termination c,f any lease covering aJ.l or
a substantial part of the system, the company shall
notify the Town of such fact, and such notification
shall be treated as a notification that a change in
control of the company has taken place, ar,d the
requirements of this Ordinance gover11ing the consent
· of the Board of Trustees to ,;uch change in control of
the company shall apply.
B. The_ Board of Trustees shall have the right to cancel
the franchise 120 days after the appointment of a
receiver or trustee, to take over and conduct the
business of the company, whetl1er in receivership, re-
organization, bankruptcy or other action or proceed-
ing, unless such receivership or trusteeship shall have
-26-
•
been vacated prior Lo the expiraticin of said 120 days;
or unless:
(1) Within 120 clays after hi.s c:lc,cLion or appointment,
such receiver or trustee shall have fully complied
with all the provisions of Ll1is Ordinance and remedied
all defaults thereu11der; and
(2) Such receiver or trustee within said 120 days
shall have executed an agreement duly approved by the
Court having jurisdiction in the matter, whereby such
receiver or trustee assumes or agrees to be bound by
each and, every provision of .this Ordinance and the
franchise granted to the company.
13-86 NON-DISCRIMINATION:
A. The company shall not deny service, access or otherwise
discriminate against subscribers, channel users, or
general citizens on the basis of race, color, religion,
national origin or sex. The company shall strictly
adhere to the Equal Employment Opportunity require-
ments of the FCC. ·
B. The company shall comply at all times with all other
applicable Federal, State, Town Ordinances and laws,
and all executive and administrative orders relating to
non-discrimination.
13-87 ABANDONMENT/REMOVAL OF FACILITIES:
A. In the event that the use of any part of the system
is discontinued for any reason by the company for a
continuous period of twelve (12) months, or in the
event such system or property has been installed in
any street or public place without complying with the
requirements of this Ordinance, or the rights granted
hereunder have been terminated, cancelled or have expired,
the company shall promptly remove from the streets
and public places all such property and poles of such
system, other than any which the Town may permit to be
abandoned in place. In the event of such removal,
the compiny shall promptly restore the street or ,
other area from which such property has been removed to
a condition satisfactory to the Town. Any property of
the company to be abandoned in place, shall be abandoned
in such manner as the Town may prescribe. Upon a
permanent abandonment of property of the company in
place, the company shall submit to the Town an instrument,
to be approved by the Town, transferring to the Town
of Firestone the ownership of such property.
B. If company fails to remove any property as herein re-
quested, the To0n may perfor1n the work at the company's
expense.
13-88 RULES AND REGULATIONS: In addition to the inherent
powers of the Town to regulate and control this franchise
for Cable Television service, and those powers expressly
reserved by the Town, or agreed to and provided for herein,
the right and power is hereby reserved by the Town to promulgate
such additional regulations as it shall find necessary in
the exercise of its lawful powers and in the furtherance of
the terms and conditions of this Ordinance. Such additional
regulations may be promulgated by Resolution of the Board
of Trustees.
13-89 RENEWAL:
A. Any franchise for Cable Television service within the
Town of Firestone may be renewed by the Board of Trustees,
for a period of not to exceed ten (10) years, if, upon
a review of the company's performance during the intitial
-27-
• •
franchise lerm, it is clctcrmi.11cd that such a renewal
would be in the 1'own's best interest.
B. In considering any ren,,,v,ilJ pucsuant to this provision,
the Board of Trustees may examine and consider:
(1) Past performance by the company.
(2) A review of reports prepared throughout the life
of the franchise including the sjstem technical
performance, the development of cable services, the
'costs of services to the subscriber ancl the performance
of similar systems in other communities operating
under similar requirements; and complaint resolution.
C. Any renewal made pursuant to this Section shall be
by Ordinance, after notice to the public as defined
herein, and public hearing.
D. No renewal under this _Sectio11 1s to in any way limit
or restrict the ability to award other franchises for
Cable Television services pursuant to this Ordinance.
E. Any renewal of the franchise pursuant to this Section
shall be done in accordance with the then existing
rules and regulations of the Federal Communications
Commission.
F. Any application for renewal made by the company shall
be considered by the Board of Trustees no later than
120 days prior to the expiration of the initial franchise
term.
13-90 LANDLORD/TENANT RELA'l'IONSIIIPS:
A. Neither the owder of any multiple unit residential
dwelling nor his agent or representative shall inter-
fere with the right of any tenant or lawful resident
thereof to receive cable television service, cable
installation or maintenance from a cable communication
company regulated by irid lawfully operating under a
valid and existing cable television franchise issued
by the Town of Firestone.
B. Neither ~he owner of any multiple unit residential
dwelling nor his agent or representative shall ask,
demand or receive any payment, service or gratuity
in any form as a condition for permitting or cooper-
ating with the installation of ·a cable television
service to the dwelling unit occupied by a tenant or
resident requesting service.
C~ Neither the owner of any multiple unit residential
dwelling nor his agent or representative shall penalize,
charge or surcharge a tenant or resident or forfeit
or threaten to forfeit any right of such tenant or
resident, or discriminate in any way against such
tenant or resident who requests or receives cable com-
municatipn service from a company operating under a
valid and existing cable television francl1ise issued
by the Town of Firestone.
D. No person shall resell, withoL>t the expressed, written
consent of both the company and the Town, any cable
service, program or signal transmitted hy a cable
television company operilting under a franchise issued
by the Town of Firestone.
E. Nothing in this article shall prohibit a person from
requiring that cabie television system facilities
conform to laws arid regulations and reason~ble condi-
tions necessary to protect safety, functioning, ap-
pearance and value of premises or the convenience and
safety of persons and property.
-28-
F. Nothing in l:hi.,; ,:ccli.on shall p1:uilibit a person from
requiring a cable communication company from agreeing
to indemnify the owner, or. t,is agents or representa-
tives for dama~es or from liability for damages caused
by the installation, operation, maintenance or removal
of cable television facilities.
13-91 CENSORS!IIP PROHIBITED:
A. The Town shall not prohibit or limit any program or
class or type of program or otherwise censor the com-
munications or signals by the company or other parties
over the cable communications system, other than pro-
grams on the designated gov~rnment access channel or
channels, and shall not promulgate any regulation or
condition which would interfere with the right of
ftee speech by means ~f cable television.
B. The company shall not prohibit or limit any program
or class or type of program presented over any channel
made available for public access, educational access,
government access or leased access purposes.
13-92 COMPANY NOT TO CONTEST VALIDITY OF ORDINANCE OF FRANCHISE:
By acceptance of the grant of any franchise pursuaht to this
Ordinance for Cable Television service, the company covenants
and agrees that itswill not at any time or in any manner or
proceeding set up against the Town arty claim or proceeding
challenging this Ordinance or the grant of the franchise
pursuant to this Ordinance as being unreasonable, arbitrary,
voidable or void, nor that the Town did not have the power
or authority to make S'.1ch term or condition, and shall be
required to accept the validity of this Ordinance in its
entirety.
Section 2. Severability.Clause. If any part, section,
subsection, sentence, clause, or phrase of this Ordinance
is for any reason held to be invalid, such invalidity
shall riot 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.
Approved, adopted and ordered publis1trd
Trustees of the Town of Firestone this_/ __
19 81.
ATTES'I':
c-29-
by the ~,:~ttf day of 7JJ, LA.7f ,
Mayor
ORD I NANCE No. lduf?
AN ORDINANCE GRAN'l'ING TO SATTELITE COMMUNICATIONS CABLE TELE-
VISION, INC., A COLORADO CORPORATION, HEREIN REFERRED TO i"\S
GRANTEE, A NON-EXCLUSIVE FRANCHISE TO INSTALL, MAINTAIN AND
OPERATE A CABLE TELEVISION SYSTEM vJITllIN THE TOWN OF FIRESTONE
AND PROVIDING FOR THE REGULATION OF SUCH ACTIVITY.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE-
STONE, WELD COUNTY, COLORADO:
Section 1. The Town of Firestone, Weld County, Colorado, herein
referred to as Town, hereby grants to Grantee a non-exclusive
franchise for the installation, maintenance and operation of a
cable television system within the Town of Firestone under the
terms and conditions set forth in this Ordinance.
Section 2. The term of the franchise shall be fifteen (15) years
commencing with the date of final acceptance by the Grantee of
the franchise and approval thereof by the Board of Trustees of
the Town. Approval of the final acceptance shall not be granted
by the Board of Trustees of the Town until such time as Grantee
has fully and completely complied with all requirements of the
Code of the Town of Firestone relative to cable television system
franchise applications.
Section 3. Grantee shall be controlled at all times during its
application for and operation, installation and maintenance of
a cable television system franchise by the provisions of the
Code of the Town of Fire~tone relative to cable television fran-
chises and the terms of the Code are incorporated herein as if
fully restated.
Section 4. This franchise may be terminated only according to
the terms and conditions as set forth in the Code of the Town
of Firestone.
Section 5. 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 in-
cluded 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 nbt be effected
thereby. '
Approved, adopted, and ordered published by the Board of Trustees
of the Town of Firestone on the / () day of February, 1981.
~ MkALiud
Mayor
ATTEST:
Town Clerk
/
C E R TT F I E D R E C b R D
0 F
PROCEEDINGS OF
THE BOAR[) OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO
TAKEN PRELIMINARY TO THE ISSUANCE
BY SAID TOWN.OF ITS
WATER REVENUE BONDS, SERIES 1981
IN THE PRINCIPAL AMOUNT OF $240,000
fTATE OF COLORADO
COUNTY OF WELD
TOWN OF FIRESTONE
)
)
)
)
)
ss.
The Board of Trustees of the Town of Firestone,
Weld County, Colorado, met in ~({1'.i;( session, at the Town.
Hall, in Firestone, Colorado,
ordinances and rules of the
February, 1981, at i:oO P,M •
in full conformity with Law and the ~__,,,~ ~-Town, on Tues~, the ~7th day of
. Upon roll call the following members of the Board of
Trustees were present, constituting a quorum:
Mayor:
Trustees:
Also present:
Paul A. Hurtado
Jim Christensen
Frank Cimino
Roger.Trujillo __ _
Jeff Kincade .
Sherman Lyon
Town Clerk-Treasurer:Trudence L. Peterson
AtterHey. James Wilbur
Town Administrator: Gary West
Absent:
Thereupon Trustee J~. · ~
and moved the adoption of the .following Ordinance:
-1 -
introduced
/
✓
ORDINANCE NO. /J,/
AN ORDINANCE AUTHORIZING THE ISSUANCE OF
WATER REVENUE BONDS OF THE TOWN OF FIRESTONE,
COLORADO, IN THE PRINCIPAL AMOUNT OF $240,000,
FOR THE PURPOSE OF IMPROVING THE MUNICIPAL WATER
SYSTEM OF THE TOWN, BY ACQUIRING WATER RIGHTS;
PRESCRIBING THE FORM OF SAID BONDS AND PROVIDING
FOR A PLEDGE OF THE . NET INCOME AND REVENUE OF
THE WATER SYSTEM OF THE TOWN FOR THE PAYMENT OF
SAID BONDS AND THE .. INTEREST THEREON; PROVIDING
OTHER DETAILS IN CONNECTION THEREWITH; AND
DECLARING .AN EMERGENCY.
WHEREAS, the Board of Trustees of the Town has deter-
mined that it is necessary to improve the municipal water system
of the Town by acquiring water rights; and
WHEREAS, the Board has determined that it is neces-
sary to issue revenue bonds pursuant to Title 31, Article 35,
Part 4, Colorado Revised Statutes 1973, as amended, .for the
payment of the cost of acquiring such water rights; and
WHEREAS, the Board has entered into a loan agreement
with the United States Department of A·griculture, Farmers Home
. .
Administration, ( the "FmHA") whereby the FmHA will purchase the
water revenue bonds in the principal amount of $240,000, at an
interest rate of 5% per annum; and
WHEREAS, in accordance with Section 31-35-404, such
bonds may be sold to the United States of America, or any agency
thereof, without the requirement of .having a public sale; and
WHEREAS, .it is necessary to authorize the issuance
of said bonds and· to provide for the form and payment thereof;
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FIRESTONE, WELD COUNTY~ COLORADO:
Section 1. Improvements to the Water System. The
• Board of Trustees has previously determined that it is in the
best interest of the Town to improve the municipal water system by
acquiring water rights. The total
tion of water rights is $400,000.
follows: ( approximate amounts)
(a) FmHA Loan
(b) FmHA Grant
-2 -
estimated ·cost of the acquisi-
The method of payment is as
$240,000
$160,000.
Section 2. Authorization. That for the purpose
of providing funds to pay p·art of the cost of improving the
municipal water system by acquiring water rights, there are hereby
authorized Water Revenue Bonds, Series 1981 (the "Series 1981
Bonds" or "bbnds") of the Town of Firestone, in the total amount
of $240,000, both the principal thereof and the interest thereon
to be payable solely and only out of the net revenue and incOJ!le to
be derived by t~e Town from and through the operation of its·water.
system. It is hereby determined that the estimated life of the
water facilities to be acquired by the proceeds of this bond issue
is not less than forty years.
Section 3. Bond Details. The bonds shall be dated
as of the. date of the issuance and delivery of the bonds, will·
be numbered from 1 to 480, inclusive~ and will be in the de-
nomination of $500 each. The net effective interest rate of this
issue of bonds is 5.00%; said bonds shall bear interest at the
rate of 5% per annum, payable o~ the .1st day of January next
following the date of the issuance and delivery of the bonds,
and annually thereafter on January 1 each year, and mature serial-.
ly on January 1, as follows:
Amount Maturity
$ 3,000 1982
4,000 1983
4,000 1984
4,000 1985
4,500 1986
4,500 1987
5,000 1988
5,000 1989
5,500 1990
5,500 19 91
6,000 1992
· 6,000 · 19 93
6,500 1994
7,000 1995 .
7,000 1996
. (Continued)
-3 -
Amount
7,500
8,000
8,500
8,500
9,000
9,500
10,000
10,500
11,000
11,500
12,000
13,000
13,500
14,000
16,000
Maturity
1997
1998
1999
2000
2001 ·
2002
2003
2004
2005
2006
2007
2008.
2009
2010
2011
1, 1991 shall
Bonds of this issue maturing on or before January
not be redeemable prior to th_eir respective maturity
maturing on January 1, · 1992 ~and thereafter, shall
at the option of the Town on.January 1,-1991, and
dates. Bonds
be redeemable
on any interest payment d~te thereafter, in inverse numerical
order, upon payment · of par and accrued interest, without red emp-
t ion premiud. If, however, ~11 of the bonds are held by the
Farmers Home Administration, all or any number of the bonds may be
redeemed at the option of the Town at any time in inverse. numer-
ical order, upon payment of par and accrued interest to the date
of redemption, without redemption premium. .• Notice of prior
redemption shall b~ given by publication at .least one time in a
newspaper· having -general circulation in the Town, not less than
thirty days prior to the date of redemption. If any of the bonds
. .
to be redeemed are registered as to principal. and interest, then
notice shall also be given by mailing a copy of the notice by
registered, first class mail, to the registered owner or owners of
such bonds, at least thirty days prior to the date of redemp~
tion.
The principal of and interest. on said· bonds shall
be payable at the office of the Town Treasurer, in rirestone,
Colorado, or as to any bond or interest coupon owned by the United
-4 -
Stat'es Department of Agriculture, Farmers. Home Administration,
then at · the FmHA Finance Office, 1520. Market Street, St. Louis,
Missouri 63103, or at such other place as may be indicated by the
Farmers Home Administration.
Section 4. Registration as to Principal and Interest.
Each of the bonds of this issue may be registered for payment
as to both principal and interest (but not as to principal only
or to interest only) and any bond so registered may be disch_arged
from registration as hereafter provided in this Ordinance •. At the
option of the bearer, any bond of this issue may be .registered as
to both principal and interest upon presenting the same to the
Treasurer of the Town, (designated as and referred to herein as
the Registrar for purposes of registration) accompanied by all
unmatured coupons. The Registrar shall make a notation of such
registration thereon and detach and cancel all unmatured interest
coupons. Any bonds so registered may thereafter be· transfered
only upon a duly executed assignment-of the registered owner or ...
his legal representative· in such form as shall be satisfactory to
the Registrar. Such transfer shall be made 9n the registration·
books kept by the Registrar and shall be endorsed on the bond.
The principal of. and interest on any bond registered as to both
principal and interest shall be payable only to, or upon the order
of, the registered owner or his legal representative.
Sect ion 5. Conversion of Registered Bonds. Any bond
registered as to both principal and interest may be reconverted
into a coupon bond payable to bearer upon presentation thereof
to the Registrar accompanied by an instrument duly executed
by the registered owner or his legal representative, in such
form as is acceptable to the Registrar. The Registrar shall
attach thereto new coupons representing · the . interest to become
due thereafter on the bond to the date of maturity and shall
make notation thereon that the bond is payable to bearer. Such
new coupons shall bear the facsimile signature of the officer
signing the coupons as herein provided at the time of the execu-
tion of the bond, i.e., the Treasurer of the Town. Upon re con-
. . . .
verting the bonds in accorda~ce with this Ordinance, the Registrar
-5 -
.ahall require the payment of all expenses incurred by it in
connection with such reconversion, payment of which together with
any tax or other governmental ·charge required to be paid, shall be
made by the holder requesting such r_econversion.
Section 6. Form and Execution of Bonds. Said bonds
shall be signed by the manual signature of the Mayor of the
Town, sealed with a facsimile of the seal of the Town, atte,sted
and countersigned with the facsimile signature of the Town ~lerk
and Treasurer, and the interest coupons attached thereto shall .
bear the facsimile signature of the Town Treasurer. When issued.
as aforesaid. as part of said bonds, such interest . coupons shall
be the binding obligations of the Town according to their import.·
Should any officer whose manual or facsimile signature appears
,on said bonds, or the interest coupons attached thereto, cease
to be such officer before delivery of the bonds to the purchaser,
such manual or· facsimile signature shall nevertheless be valid
and suffici~nt for all purposes. ~
Said bonds,. interest coupons and registration grid .
shall be in substantially the following form:
-6 -
(Form of Bond)
UNITED STATES OF AMERICA
STATE OF COLORADO
No.
TOWN OF FIRESTONE
WATER REVENUE BOND, SERIES 1981
COUNTY OF WELD
$500
The Town of Firestone, in the County of Weld ancl State
of Colorado, hereby promises to pay to the bearer hereof, or if
this Bond be registered, then to the registered owner hereof, out
of .the special fund or funds hereinafter designated, but not
otherwise, the principal sum of
FIVE HUNDRED DOLLARS
~n the 1st day of January, 19 , with interest thereon at the
rate of five per centum (5%) per annum, payable on the 1st day of
January next following the date of the issuance and delivery of
this Bond, and annually thereafter on the·lst day of January each
year, as evidenced by interest couporis attac~ed hereto, upon
presentation and surrender of the.annexed coupons and this Bond as
they severally become due, or if this Bond be registered, then to
the registered owner hereof, both principal and interest being
payable in lawful money of the United States of America, at the
office of the Town Treasurer, in Firestone, Colorado, or as to any
bond or coupon owned by the United States Department of Agricul-
ture, Farmers Home Administration, then at the FmHA Finance
Office, in St. Louis, Missouii.
Bonds of this· issue maturing on or before January
1, 1991, shall not be redeemable prior to their respective matur-
ity dates •. Bonds maturing on January 1, 1992 and thereafter, are
redeemable in inverse numerical order, at the option of the
Town, on· January .1 , 19 91 , and on . interest payment . dates there-
after, upon payment of par and accrued interest, without redemp-
tion premium. If, however,.all of the bonds are held by the
Farmers Home Administration, then all or any number of the bonds
may be redeemed at the . opt ion· of · the Town at any time in . inverse
numerical order, upon payment of par and accrued interest to the
date of redemption, without redemption premium.
-7 -
This Bond is issued by the Board of Trustees of the
Town of Firestone, Colorado, for the purpose of paying part of the
cost of improving the municipal water system of the Town by
acquiring water rights, under the authority of and· in full con-
formity with the Constitution .and Laws. of the State of Colorado,
particularly the provisions of Title 31,. Article 35, Part 4,
Colorado Revised Statutes 1973, as amended, and all other laws
thereunto enabling, and pursuant to Ordinance No. ____ of
said Town, a~1:,~ and approved by the Board of Trustees of the•
Town on the 17th day of February, 1981. Pursuant to Section
31-35-413 of said Part 4, such recital shall conclusiv~ly_ impart
full compliance with all of the provisions of said Part, and this
Bond issued containing such recital is incontestable for any cause
whatsoever after its delivery for value.
Both the principal of and the interest on this Bond
are payable solely out of a special fund created in full con-
formity with law and designated as the "Water Revenue Bond
Fund", of the Town, which Fund shall contain the net income
and revenue derived by the Town from the operation of the muni-
' cipal water system,· after payment of the necessary and reasonable
costs and expenses of the operation and maintenance of the water
system, or if necessary from the Bond Reserve Account created for
such purpose, all as is .more particularly set forth in the Ordi-
nance authorizing the issuance of this Bond. The bonds of this
issue are equitably and ratably secured by a lien on the net
income and revenue of said water system,· and constitute an irre-
vocable and first lien on said .net reve,nues and Fund, although not
necessarily an exclusive first lien.
It is hereby recited, certified and. warranted that
for the payment of this Bond, the Town of Firestone has created
and will maintain said Fund and will deposit therein out of
the income and revenue of the water system, the amounts and
revenue specified in said Ordinance, and out of said Fund, as an
irrevocable charge thereon, will pay this Bond and the interest
thereon, in the manner provided by said.Ordinance. For a descrip-
-8 -
-~
tion of said Fund and the nature and ex~ent of the security
afforded thereby for the payment of this Bond, reference is made
to that Ordinance.
This Bond does not constitute a debt of· the Town of
Firestone within the meaning of any constitutional or statutory
limitation, and shall not be considered or held to be a general
obligation of the Town.
It is hereby certified and recited that all the re-
quirements of law have been fully complied with by the proper
officers of the Town in the issuance of this Bond.
For the payment of this Bond and the interest thereon,
the Town of Firestone pledges the exercise of all its lawful
powers.
This Bond may be registered in the name of the holder
thereof in conformity with the provisions endorsed hereon and
subject to the terms and conditions set forth in the Ordinance
authorizing its issuance, and unless so registered, this Bond
shall be transferable by delivery. This Bond may be registered
as to both principal and interest, but not as to principal
only or to interest only; and if this Bond be registered as
to both principal and interest, it may be reconverted into a
coupon bond in accordance with the provisions endorsed hereon and
subject to the provisions set forth in said ordinance.
IN TESTIMONY WHEREOF, the Board of "Trustees of the
Town of Firestone, Colorado, has caused this Bond to be signed
by the manual signature of the Mayor, sealed with a facsimile
of· the seal of the Town, attested and countersigned with the
facsimile signature of the Town Clerk and Treasurer, and the .
attached coupons to be signed with .the facsimile signature of the
Town Treasurer, as of the __ day of , 1981.
(FACSIMILE
S E A L J
ATTESTED AND COUNTERSIGNED:.
(Facsimile Signature)
Town Clerk-Treasurer
TOWN-OF FIREST~NE,~O,¼iADO 9~0--~
By __ _,(~M~a~n~u~a~l=--=S~i~g~n~a~t~u~r~e~),__ __ ·_
Mayor
-9 -
(Form of Registration Panel on Back of Bond)
PROVISION FOR REGISTRATION AND RECONVERSION
This bond may be registered· as to both principal and
interest, but not as to principal alone.nor as to interest alone,
on the books of the Town of Firestone, Colorado, kept by the
Treasurer of the Town as Registrar, upon presentation h,ereof
to the .Registrar, who shall detach and cancel all unm.atured ·
coupons and shall make notation of such registration as to both•
principal and interest on the registration blank below. After• ·
. registration this bond may be transferred only upon a duly exe-
cuted assignment of the registered owner or his legal repre-
sentative in such form as shall be satisfactory to the Registrar,
such transfer to be made on said books and endorsed hereon by
the Registrar. The
shall
principal
be payable
of and interest on this bond,
only to, or upon the order of, if registered,
the registered
This
owrier or his legal representative.
to both
of the
hereof
bond, if converted into .a bond registered as . .
principal and interest, may be reconverted,. at the ·expense
registered owner, into a coupon bond, upon presentation
to the Registrar, accompanied by an instrument duly exec-
uted by the registered owner, or his legal representative, in
such form as shall be satisfactory to the Registrar, who shall
attach hereto new coupons repr~senting the interest to become
due thereafter on this bond to . the date of maturity, and shall
make notation in the registration blank below that this bond
is payable to bearer. Such coupon bond may again be registered
as to both principal and interest as hereinabove provided.
Any registration,. transfer, or discharge from registra-
tion is subject to such reasonable rules and regula~ions as
the authorizing ordinance, the Board of Trustees or the Registrar
may prescribe and upon payment of a charge sufficient to reim-
burse the Town and the Registrar for any tax or.other governmental
charge to be paid by them in connection therewith •. Except as
-10 -
,\
otherwise provided in the authorizing ordiriance, no charge shall
be made to the holder hereof for the privilege of registration,
transfer or discharge from registration; Every privilege of
registration, ~transfer or discharge from registration, or con-
version hereinabove provided shall be exercised only in accordance
with and subject to the terms and provisions of that ordinal)ce.
The registration books shall. be closed for a perJ6d of
fifteen (15) days next preceding any interest payment,date or
after the first publication of any notice of prior redemption of
any bond has b~en made.
Date of
Registration
Name of
Registered O~ner
United States of America
Farmers Home Administration
Signature of
Registrar
(End of Form of Registration Panel on Back of Bond)
-11 -
{Form of Interest Coupon)
No. $ ______ _
On the 1st day of January, 19_, unless th~ Bond to
which this coupon is attached, if redeemable; has been called for
prior redemption, the Town of .Firestone, in the County of Weld .. and
State of Colorado, will pay to bearer the amount shown here9n, in
lawful money of the United States of America, at the office of the·
Town Treasurer, in Firestone, Colorado, or as to any bond or
coupon owned by the United States Department of Agriculture,
Farmers Home Administration, then at the FmHA Finance Office, in•
' '
S~. Louis, Missouri, out of t6e Water Revenue Bond Fund or if
necessary from the Bond Reserve Account, of said Town, but not
otherwise, being interest then due on its Water Revenue Bond,
Series 1981, bearing
No •. ___ _
(Facsimile Signature)
Town Treasurer-
-12
Sect ion 7. Issuance of Single Bond. Notwithstanding
~he provisions of this ordinance relating to the issuance of
serial . bonds, the amount of any loan from the Farmers Home
Administration shall be evidenced by a single bond, as authorized
by Title 31, Article 35, Part 4, Colorado Revised Statutes 1973,
as amended.
Such single bond shall be numbered R-'l · and mature
in installments of principal, substantially as provided in Section
3 hereof. The interest on said bond shall begin to accrue from
the date of the issuance and delivery of the bond, and will not be
evidenced by any interest coupons.
The principal. of and interest on · said bond shall
b~ payable to the registered holder. of said bond at the address
shown on the registration books of the Town.
The single bond shall be registered as to principal
and interest in the same maµner and subject to the same terms
and conditions-as provided ·herein for ·the registration of serial·
bonds.
The single bond shall be signed by the manual
signature of the Mayor, sealed with an impression of the seal.
of the Town, and attested and countersigned by the manual signa-
ture of the Town Clerk and Treasurer.
At the request of the holder and owner of the
single bond, the Town may issue negotiable coupon bonds or
serial registered bonds without coupons, in exchange for and
upon surrender of the single bond, in the denomination of $500
· each, in the aggregate principal amount equal to the amount
·of the unpaid principal of the outstanding single bond, such
bonds to be in the. form provided by Section 6 of this Ordinance.
The cost and expense of such conversion to serial bonds shall be
paid by the holder·and owner of the single bond.
Section 8. Form of Single Bond. The form of the
single bond shall be as follows:
-13 -
( Form of Bond)
UNITED STATES OF AMERICA
STATE OF COLORADO COUNTY OF WELD
No. R-1
TOWN OF FIRESTONE
WATER REVENUE BOND, SERIES 1981
$240,000
The Town of Firestone, in the County of Wel,d and
State of Colorado, hereby promises to pay to the iegistered
owner hereof, out of the special fund. or funds hereinafter desig-... ·
nated, but not otherwise, the principal sum of
TWO HUNDRED FORTY THOUSAND DOLLARS ($240,000)
on January 1 in the years and installments as follows:
Years
1982
1983
1984.
1985
1986
1987
1988
1989
1990
19 91
1992
1993
1994
1995
1996
1997·
1998
1999
2000
2001
2002
2003
2004
2005
. 2006
2007
2008·
2009
2010
2016
Principal Installments
. $ 3,000
. 4,000
4,000
4,000
4,500
4,500
. 5,000
5,000
5,500
5,500
6,000
6,000
6,500
7,000
7,000
7,500.
8,000
8,500
8,500
9,000.
9,500
10,000.
10,500
11,000
1 1 , 5 00
12,000
13,000
13,500
. 14,000
16,000
"'" 14 -
with interest from the date on ~hich thi~ Bond is issued and , I
delivered at the rate of five per centum (5%) per annum, p~yable
' I on the 1st day of January next following the date bf the issuance
and delivery of this Bond, and annually thereafter on the 1st day
of January each year, until said sum is paid. Both the principal
hereof and interest hereon are payable in lawful money of the
United States of America, to the registered holder hereof at the
address shown on the registration books of. the Town. The final
installment of principal and interest due on this Bond shall be
made 6nly upon presentation and surrender of this Bond to.the
Town.
Installments of principal of this Bond becoming due
on and before January 1, 1991, are not payable prior to their
stated due dates, unless the Farmers Home Administration is the
I
registered owner hereof. Installments becoming due on and after
January 1, 1992, are subject to prepayment prior to their stated
due dates· in the amount of $500 or any multiple· thereof,·· at the·
option of the Town,· in inverse order of due dates, on January 1,
1991, and on any interest payment date thereafter, by the payment
of such principal amount and accrued interest, without prepayment
premium •. · If the Farmers Home Administration is the registered
owner, all installments are subject to prepayment at any time
prior to their siated due date, in the amount of $500 or any
multiple thereof, in inverse order of their due date, by the
payment of such principal amount and accrued interest to the date
of prepayment, without prepayment premium. Notice of prepayment
shall be given as provided by the Ordinance authoriiing this
Bond.
This Bond. is issued by the Board of Trustees of the
Town of Firestone, Co'lorado, for the purpose of paying part of the
cost. of improving the municipal water system of the Town, by
acquiring water rights, under the authority of and in full con-
formity with the Constitution and Laws of the State of Colorado,
particularly the provisions of Title 31, Article 35, Part 4,
.Colorado Revised Statutes 1973,. as amended, and all other laws
. -15 -
thereunto enabling, and pursuant to Ordinance No. of
said Town, adop~ and approved by the Board of Trustees of the
Town on the ~ day of February, 1981 ~ Pursuant to Section
31-35-413 of said Part 4, such tecital shall conclusively impart
full compliance with. all of the provisions of said Part, and this
Bond issued containing such recital is incontestable for any cause
whatsoever after its delivery for value.·
Both the principal of and the intereit on this ~ond
are payable solely out of a special fund created in full confor-•
mity with law and designated as the "Water Revenue Bond Fund", of
the. Town, which Fund shall contain the net income and revenue
derived by the Town from the operation of the muncipal water
system, after payment of the necessary and reasonable costs
and expenses of the operation and maintenance of the water system,
created for such or if n1:cessary
purpose, all as
from the Bond Reserve Account
is more
authorizing the· issuance
· and rat ably secured by
particularly set
of this Bond;·-. -
forth in the Ordinance
This· Bond· is equitably-
a lien on the net income and revenue
of said water system, and constitutes an irrevocable .and first
lien on said net revenues and Fund, although not necessarily an
exclusive first lien.
It is hereby reci tea, certified and warranted that
for the payment o'f this B.ond, the Town of Fire.stone has created
and will maintain said Fund and will deposit therein out of
the income and revenue of the water system, the amounts and
revenue specified in said Ordinance,. and out of said Fund, ·as an
irrevocable charge thereon, will pay this Bond and th1: interest
thereon, in the manner provided by .said Ordinance. For a de-
scription of said Fund and the nature and extent of the security
afforded thereby for the p~yment of thii Bond, reference is made
to that Ordinance.
This Bond dbes not constitute a debt of the Town of
Firestone within the meaning of any constitutional or statutory
limitation, and shall not be considered or held to be a general
obligation of ~he ~own.
-16 -
It is hereby certified and recited that all the reqtiire-
. ments of law have been fully' complied with by the proper officers
of the Town in the issuance of this Bond.
For the payment of this Bond and the interest thereo.n,
the Town of Firestone pledges the exercise of all its lawful
powers.
I
This Bond is transferable onlj upon the books kept
by the Treasurer of the Town as Registrar. by the registered
owner hereof in person or by his or her duly authorized attorney,
and similarly noted hereon, or it may be surrendered in exchange
for new bonds of the .same aggregate principal amount, in coupon
form or in serial registered form, in the denomination of $500
each, and subject to the conditions provided in said Ordinance.
IN TESTIMONY WHEREOF, The Board of Trustees of the
· Town of Firestone, Colorado, has caused. this _Bond to be signed
by the manual signature of the Mayor, sealed with an impres-
sion of the seal of the· Town,-··and·Httested·and-countersigned
by the manual signature of the Town Clerk and.Treasure~, as
of the oZ3 day of 1--~ 1981. ·
TOWN OF FIRESTONE, COLORADO
( S E A L )
(Y~O-~
By (Manual Signature)
Mayor
ATTESTED AND COUNTERSIGNED:
Town Clerk-Treasurer
I
-17 -
(Form of Registration Panel)
This Bond is registered in the office of the Treasurer
of the Town of Firestone, Colorado, as Registrar, in the name
of the owner listed below, and the priricipal amount of this
' . Bond and interest thereon shall be payable only to such owner, all
.. in accor~ance with the Ordinance authorizing the issuanc~ of
this Bond.
Date of
Registration
. Name of
Registered Owner
United State.s of America,
Farmers Home Administration
-18 -
Signature of
Registrar
Sect ion 9. Disposition of Bond Proceeds. The Series
1981 Bonds shall be sold and delivered to the purchaser, solely to
provide the Town with money for the purpose hereinbefore stated.
Neither the purchaser of said bonds, nor the subsequent holders of
. any of them shall be responsible for the application or disposal
by the Town or any of its officers of the funds derived from
the sale thereof. In the event that. ~11 of the proceeds of the
Series 1981 Bonds are not needed for the acquisition of the
water rights, any rema1n1ng proceeds shall be deposited_ to the
Bond Reserve Account descri~ed in Section 14.
All or any appropriate portion of the bond proceeds may
be temporarily invested or reinvested pending such use in securit-
ies or obligations which are lawful investments foi such towns in
the State of Colorado. It is hereby covenanted and agreed by the
Town that the temporary investments or reinvestment of the bond
proceeds, or any portion thereof; shall be of such nature and
extent, and for such periodi that the bonds'shall ·not-be or become
arbitrage bonds within the meaning of Section 103(c) of the
Internal Revenue Code of 1954 as amended, and pertinent reg-
ulations, and such proceeds, if so invested or reinvested, shall
be subject to the limitations and restrictions of said Section
103(c), and pertinent regulations as the same now exist or may
later be amended.
The issue of said bonds by the Town shall constitute
a warranty by and· on behalf of the Town for the benefit of each
and every holder of any of said bonds, that said bonds have
been issued for a valuable consideration in full conformity with
law.
Section 10. Incontestable Recital in Bonds. Each
bond shall recite that it ·is issued under the authority of
Title 31, Article 35, Part 4, Colorado Revised Statutes 1973,
as amended, and such recital shall conclusively impart full
compl~ance with all of the provisions of ~aid Part 4, and all
bonds issued containing such recital. shall be incontestable
for any cause whatsoever after their delivery for value.
I -19 -
Section 11. Payment of Interest During Acquisition.
If necessary, the interest due on said bonds during the ac-
quisition of the water rights shall be advanced from any fund of
the Town available therefor., said amount to be later reimbursed
from the revenues of the water system. The term "water system" as
herein used, shall include not only the property comprising the
existing water system and the improvements acquired with the
proceeds of this issue .of bonds, but all additions, improvements
and extension• hereafter constiucted or acquired by the Town.
Section 12. Rates and Charges For Service by the
Water System. The Board of Trustees of the Town coveriants that
it will establish, maint~in and enforce rates and ~harges for
services tendered by the water system to create income and revenue
each year sufficient to pay maintenance and operation expenses of
the system and to cover 1.20 times the annual interest and prin-
cipal requirements of the Series 1981 Bonds.
It shall be the duty of the Town to establish,
maintain and enforce such · r"ates continuously until all of said
bonds and the interest thereon have been fUlly paid and discharged.
Section 13. Payment of Principal and Interest. There
is hereby established and created a special fund to be known
as the "Water Revenue Bond Fund", (the "Bond Fund") and the Town
hereby covenants and agrees to maintain the Bond Fund so long as
any of the bonds herein authorized remain outstariding and unpaid.
The Bond Fund shall be kept separate and apart from all other
funds of t~e Town, and shall contain all of the income and revenue
derived by the Town.from the operation of the water system, after
the payment . of all necessary and reasonable costs and expenses
of operating and maintaining· thE! water system, The owners and
holders of the Series 1981 Bonds, shall have a first and prior
lien, but _not necessarily an exclu·sive first lien, on such net
revenues, the Bond Fund and the Reserve Account hereinafter
referred to in Section 14. The bonds and the obligations ev-
idenced thereby shall not constitute a lien upon the physical
-20 -
prop·ert ies of the municipal water system, or any part thereof, or
on any other property of the Town, but shall constitute a lien
only on the net revenues derived from the operation of the water
system in the manner provided. in this ordinance. Such net rev-
enues and Bona Fund are hereby irrevocably pledged for the fol-
lowing purposes and shall be disbursed in the following manner and
order:
( a) For the prompt payment of the interest on and the
principal of the Series 1981 Bonds, when and as the same shall
become due and payable respectively, and any additional bonds
payable from the income and revenue of the water.system and having
a lien thereon on a parity with the lien of the Series 1981
Bonds.
(b) For payments to the Reserve Account in order
to maintain the account in the amount required by Section 14 or
for the required payments to a reserve fund created as additional
security-for-the payment of principal and interest. on .any addi~.
tional bonds hereafter issued and having a .lien on a parity
with the lien of the Series 1981 Bonds. The amounts on deposit in
the Reserve Account shall be used for the payment of principal of
or interest on the Series 1981 Bonds when the other monies in the
Bond Fund are insufficient to make such payments, to pay for
emergency maintenance and for extensions to the water facilities.
(c) After the payments and accumulations hereinabove
referred to have been made, any remaining revenues of the water
system may be used to pay the principal of and interest on
additional reven~e bonds having a lien on the net income and
revenue which is subordinate to the lien of the Series 1981
Bonds; for the payment of principal and ~nterest on general
obligation water bonds, or for any lawful purpose of the Town.
Section 14. Bond Reserve Account. There is hereby
established a separate account to be designated as the "Bond
Reserve Account". Such Reserve Account shall be used to prevent
defaults in the payment of the bonds authorized herein and the
interest thereon, to pay for emergency maintenance and for ex-
tensions to the water facilitie;, but if used for such purpose it
shall be restored to the account as soon as possible.
-21 -
The Reserve Account shall be established and funded
in the total amount of $15,659. Annual payments shall be made to
the Reserve Account in the amount equal to 10% of the principal
and interest install_ment each year beginning on January 1, 1982
and continue each year until the Reserve Account is fully funded
in the amount of $J 5,659. No additional payments need be made
into the Reserve Account as long as the deposit therein shall
equal or exceed such amount. In addition, there shall be de~
posited to the Reserve Account ariy proceeds of the bonds not·
needed for the completion of the project, and in such event, the
required payments to the ~e~erve Account shall be adjusted or
decreased accordingly.
The Reserve Account shall be maintained until such
time as the amount therein will be sufficient to pay all of
the outstanding bonds and the interest thereon. Moneys in the
Reserve Account may be invested in direct obligations of the
United States Government or in any other obligations or securities
which are lawful investments for such towns in the State of
Colorado and the interest from such investments shall be con-
sidered as revenues of ~he water system; such investments, how-
ever, are subject to the covenants and provisions of Section 9 of
this Ordinance.
Section 15. Covenants of the Town. The Town hereby
further irrevocably covenants and agrees with every holder of the
Series 1981 Bonds issued under the provisions of this Ordinance,
that so ·1ong as any of said bonds remain outstanding:
(a) It will continue to operite and manage the
water system in an efficient and economical,manner and keep
and maintain separate accounts of -the receipts and expenses
thereof in such manner that the revenue thereof, payable into the
Bond Fund created by this Ordinance, may at all times be readily
and accurately determined.
(b) The Town will not furnish any free service for
the water· system, except for water service for municipally owned
facilities.
-22 -
( c) It will not sell or ·alienate any of the
property constituting any part or all of the water ~ystem in
any manner or to any extent as might reduce the security provided
for the payment of the bonds out of the Bond Fund, but the Town
may sell any portion of such property which shall have been
replaced by other similar property of at · least equal value, or
which shall cease to be necessary for the efficient operation· of
the water systemi provided, however, that in the event of any sale
or sales, as aforesaid, where the aggregate consideration exceeds
the sum of $10,000, such consideration shall be paid into the
Bond Fund and shall be used for the purposei of said Bond Fund,
(d) It will promptly render bills for water
service furnished, use all legal means to assure prompt payment
thereof and shall discontinue all water service to any user who
shall become delinquent in the. payment of such charges until the
delinquency and all interest, costs and expenses incident thereto
have been paid iri fulT.
(e) At least once each year it will furnish
the original purchaser of the bonds a statement of the receipts
of and the disbursements for the water system for the fiscal
year immediately preceding each statement.
( f) It will carry workmen's compensation, public
liability. and such other forms of insurance on insurable water-
works property as would. ordinarily·. be carried by-utilities
havirig similar properties of equal value, such insurance being
· in such amounts as will protect the water system and its opera-
tion.
Section 16. Additional Bonds. No additional bonds
shall be issued payable from the income and revenue of the
water system and. having a lien upon such net income and revenue
which is superior to the lien of the Series 1981 Bonds.
However, nothing contained in this Ordinance shall
be construed in such manner as to prev~nt the issuance by the
Town of additional bonds payable from the net income and revenue
derived from the operation of the water system and constituting
-23 -.
a 1 i en upon said revenues equal to or on a parity with the 1 ien
of the Series 1981 Bonds, provided the net income of the water
system, (net revenue is defined as the gross revenue of the water
system less the amount necessary for the ope~ation and maintenance
of the water syste!ll) for· the fiscal year preceding the year in
which such parity bonds are to be issued was 120 per cent of the
average annual debt service requirement• on all the Series 1981 .
. Bonds which are then outstanding and the additional bonds to be
issued. If new fees or rates have been effected at any time
prior to the date of issuance of the additional parity lien bonds,
net revenues for·the last fiscal year may be adjusted by applying
the new rates to the connections being serviced. Also, for
purposes of this test, the net revenues of the water system may be.
adjusted by including the additional revenues to be realized from
the ar~a to be served by the facilities to be construc~ed, pro-
vided that the debt service of the proposed parity lien bonds is
funded until the date of completion of the project to be con-
structed with the parity lien bond proceeds.
In addition, the Town shall be in compliance with all of
the provisions of this Ordinance relating to the maintenance of
the Bond Reserve Account. However, the 1 imitations relating to
the issuance of additional parity lien bonds, may be waived or
modified by the written consent of bondholders representing 75 per
cent of the then outstanding principal amount. Such restriction
concerning the issuance of parity bonds shall not apply to the
issuance by the Town of additional bonds or other obligations
necessary for the completion· of the project, in accordance with
the present plans and specifications heretofore approved by the
Board of Trustees.
Nothing herein shall prevent the Town from issuing
bonds having a junior or subordinate lien on the net income and
revenue of the water system.
Section 17. Defeasance. When all principal, interest
and prior redeciption premiums, if any, in conne~tion with the
bonds hereby authorized have been duly paid~ the pledge and lien
-24 -
and all obligations hereunder shall thereby be discharged and the
' bonds shall no longer be deemed to be outstanding within the
meaning of this ordinande. There shall be deemed to be such due
payment when the Town has placed in escrow and in trust with a
commercial bank located within or without the State of Colorado,
and exercising trust powers, an amount• sufficient ( including the
known minimum yield from Federal Securities. in which such. amount
may be initially invested) to meet all requirements of principal,
interest and prior redemption premium, if any, as the same become
due to their final maturities or upon designated prior redemption
dates. The Federal Securities shall become due at or prior to the
respective times on which the proceeds thereof shall be needed, in
accordance with a schedule established and agreed upon between the
Town and such bank at the time of the creation of the escrow, or
the Federal Securities shall be subject to redemption at the
option of the holders thereof to assure such availability as so
needed to meet such schedule. The term "Federal Securities"
within the meaning of this section shall include only direct
obligations of, or obligations the principal and interest of which
are unconditionally guaranteed by, the United States of America.
Section 18. Payment of Costs of Issuing Bonds. All
costs and expenses incurred in connection with the issuance
and payment of the Series 1981 Bonds shall be paid exclusively'
from the proceeds. of said bonds or from the net income and. revenue
of the water system, and in no event shall any of such costs or.
expenses or the principal of or interest on said bonds be paid out
of or charged to the general fund or tax levies of the Town.
Section 19. Temporary Borrowing. The Board of Trustees
is hereby authorized to borrow such amount as may be necessary
to pay the cost .of such extensions and improvements until such·
time as the bonds authorized by this ordinance are issued and sold
to the purchaser. The amount of such borrowing shall not, how-
ever, exceed the amount of $400,000~ and the temporary borrowing
shall be repaid immediately-from the proceeds of this issue of
bonds. The interest rate on such borrowing shall be determined by
the Board of Trustees.
-25 -.
Section 20. Repealer. All ordinances,
thereof, in conflict with this Ordinance are hereby
or parts
repealed.
Section 21. Qrdinance Irrepealable. After th~ Series
1981 Bonds, have been issued, this Ordinance shall be irrepealable
until said bonds and ·the.· interest thereon shall be fully· paid,
satisfied and discharged in the manner herein provided.•·
Section 22. Severability. That if any one or more
sect ions or provisions of this Ordinance be judicially determined
invalid or . unenforceable, such determination shall not affect,
' impair or invalidate the rem~ining provisions hereof~ the in-
tention being that the various provisions hereof are .severable. · ·
Section 23. Emergency Provision. By reason of the fact
that the Town is not supplied with adequate water facilities, and
it is necessary to Issue revenue bonds to pay part of the cost of
the acquisition of water rights, which costs have become due and
will hereafter become due and payable, it is hereby declared that
an emergency exists, that this Ordinance is necessary for the
preservatio.n of the public peace, heal th and safety, and that it
shall take effect upon adoption and Compliance with the provisions
of Section 31-16-104, Colorado Revised Statutes 1973, as amended.
Section 24. Recording and Authentication •. This Ordi-
nance shall be recorded in a book kept for that purpose, shall be
authenticated by the signatures of the Mayor and Town Clerk, and
shall be published in accordance with law •
19 81 •
. ADOPTED AND APPROVED This .{)_ 3 day of. + ~4-A:'[f ,
( S E A L )
Mayor ·
ATTEST:
_ -L _,4.«-<' ~--za=! 0 Town Clerk-Treasurer
-26 -.
; -It was then mov
· ·and seconded by Trustee ~'..d-!~.li~U:J<...Ji4,~~=---
th is Board which, unless suspended, might .prevent the final
passage and adoption of this Ordinance at this meeting be and the
same are hereby suspended.
Th~ question being upon the adoption of said motion
and the suspension of the rules, the roll was called with the
following result:
Those voting AYE:
Tr,,_stees:
Those voting NAY:
Jim Christensen
Frank Cimino
Roger Trujillo
Jeff Kincade
Sherman Lyon
~
~uiv Trustees having voted .... in favor of said motion,.
the presiding officer. declared the motion carried and the rules
suspended. .
Trustee 1:;i.,1t1,1.,,l 0~ then moved that said Ordi-·
nance be finally passed and adopted as read •. Trustee~~~
seconded the motion.
The question being upon the final passage and adoption
of said Ordinance, the roll was called with the following result:
Those voting AYE:
Trustees: Jim Christensen
Frank Cimino .
Roger Trujillo
Jeff Kincade
Sherman Lyon
Those.voting NAY: _._7YH1-11--...,,·'-"'--'-'""f__./"'--------------
The presiding offider thereupon declared that at least
three-fourths of all .the members of the Board of Trustees having
voted in favor thereof, the motion was carried and the Ordinance
is finally passed and adopted as an emergency ordinance.
-27 -
;, On motion duly adopted, it was ordered that said Or-
· -~inance, after its approval by the Mayor and attestation by
. the Town Clerk-Treasurer, be published in the ::/(J/l,,U(M ~{/,I)
a newspaper of ·general circulation in the Town,• and be recorded in
a book kept for that purpose.
After consideration of other business to come before
the Board, the meeting was adjourned •.
( S E A L )
Mayor
ATTEST:
=4~e~~ Town ClerR-Treasurer
-28 -
. '
,;-..
STATE OF COLORADO ) .
)
COUNTY OF WELD ) ss.
)
TOWN OF FIRESTONE )
I, Trudence L. Peterson, Town Clerk-Treasurer of the
Town of Firestone, Colorado, do hereby certify that the for.egoing
pages numbered 2 to 27, inclusive, constitute a full and correct
co~y of the record of the proceedings of the Board ~f T~ustees of
the.,J';wn, taken at a regular meeting thereof, held on Tuesday, the
~ day of February,· 1981, at the Town Hall, in Firestone,
Colorado, so far as said minutes relate to an Ordinance concerning
the issuance of Water Revenue Bonds,· Series 1981, of the Town;
that said Ordinance has been duly authenticated. by the signatures
of the presiding officer of the Board of Trustees and myself, as
Town Clerk of the Town, sealed with the corporate seal of the Town
and the Ordinance recorded in tlie B.ook of Ordinances kept for that
. purpose in my office; that said Ordinance was, on the ,..5:d day of
dc:&&l/ , 1981, published in full in the/4-aee-,:,> ta';f&n/
_______ , . a newspaper of general circulation in the Town of
Firestone.
IN WITNESS WHEREOF, I have hereunto
name and affixed the seal of the Town, this 7'ltz,1d) , 19 81 .
( S E A L )
-29 -
subscribed my
io& d f t:,"5 ay o
ORDINANCE NO. /(;, ,;f.,-
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 read
as follows:
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 9,000-15,000 15,000-50,000 OVER 50,000
METER FIRST PER 1,000 PER 1,000 PER 1,000
SIZE 9,000 GALLONS GALLONS USED GALLOIJS USED GALLONS USED
5/8" $ 20.30 . 8 0 .90 1.00
3/4" $ 28.30 .80 .90 1.00
l" $ 46.00 .80 .90 1.00
1-½" $ 63.30 .80 .90 1.00
2" $ 80.30 . 8 0 .90 1.00
3" $ 98.00 .80 .90 1.00
Section 2. Repeal of Inconsistent Ordinances. All Ordinances,
Resolutions, and Motions of the Board of Trustees of the Town of Fire-
stone or parts thereof, in· conflict with the .provisions of this Ordin-
ance, are to the extent of such conflict hereby superseded and repealed
as of March 1, 1981.
Section 3. 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 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 affected thereby.
Section 4. Effective Date. The rates set forth in this Ordinance
shall take effect as of March 1, 1981.
/9,o=-v ,..
Approved, adopted, and ordered published
of the Town of Fire stone on this ~ .J day of
by the Board of TDustees
7~~1-, 1981.
tJ e<-vl-£ cft-·{2iuA.i;;d
Mayor
ATTEST:
Town Clerk
''
ORDINANCE NO. Lil
AN ORDINANCE TO DELEGATE TO WELD COUNTY, COLO-
RADO, AUTHORITY TO ACT ON BEHALF OF FIRESTONE,
COLORADO IN THE FINANCING OF RESIDENTIAL
FACILITIES FOR LOW AND MIDDLE JNCOME FAMILIES OR
PERSONS INTENDED FOR USE AS A SOLE PLACE OF
RE-SIDENCE BY THE OWNERS OR INTENDED OCCUPANTS AND
BE ING THE SOLE DWELLING OWNED BY SUCH FAMILIES OR
PERSONS
WHEREAS, Firestone, Colorado (the "Citv"l and Weln Countv,
Colorado are political subdivisions of the State of Colorano,
each authorized by the provisions of the County and
Municipality Development Revenue Bona Act, Section 29-3-101 et
seq., Colorado Revised Statutes 1973, as amended (the "Act"),
to issue revenue bonds for the purpose of defraying the costs
of financing, refinancing, acquiring, improving and equipping
any project consisting of residential facilities for low and
middle income persons or families and to enter into financing
agreements (as defined in the Act) with respect to such proj-
ects, upon such terms and conditions as their respective gov-
erning bodies may deem advisable; ann
WHEREAS, Section 29-3-104 (2) of the Act orovi.nes tliat anv
municipality may delegate by ordinance to anv other Colorado
county authority to act on its behalf in the financing, refi-
nancing, acquisition, leasing, ownership, improvement and
/ .... ·,."
I,
disposal of projects and that any such t'!eleqation mav be qen-
eral or limited in scope and time ana mav be irrevocable for
,
2
the term or terms of any financing aqreement or bona issue, all
as provided in such ordinance; and
WHEREAS, the governing body of the City deems it necessary
and advisable to provide more adequate residential facilities
for low and middle income families and persons; and
WHEREAS, in order to provide more adequate residential
facilities for low and middle income families or persons the
governing body of the City finds it necessary to delegate to
Weld County authority to finance residential facilities .for low
and middle income families or persons intended for use as the
sole place of residence by the owners or intendea occupants ana
' being the sole dwelling owned by such families or persons /the
"Project"); and
WHEREAS, the Boa rd of County Commissioners of Welt'! f"ountv
has indicated its willingness to acceot the t'!eJeoation hv the
City to issue its revenue bonds to finance the Pro;ect; ant'!
WHEREAS, Section 103A ( g) ( 3) (B) of the Internal Revenue
Code of 1954, as amended (the "Code"), provides that if an area
is within the jurisdiction of two or more governmental units,
such area shall be treated as only within the jurisdiction of
the unit having jurisdiction over the smallest geographical
3
area unless such unit agrees to surrender all or a part of such
jurisdiction for such calendar year to the unit with overlap-
ping jurisdiction which has the next smallest geographical area;
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF
THE CITY:
Section 1. The governing body of the City hereby dele-
gates to Weld County, Colorado, authority to finance and other-
wise take action and exercise power under the Act on behalf of
the City with respect to the fi.nancinq of the Pro;ect ann to
issue revenue bonds on behalf of the Citv, i.n the name of We1.r'l
County, the proceeds of such revenue bonrs to be solelv to
finance the Project, fund certain reserve accounts and pay
issuance costs.
Section 2. The governing body of the City hereby agrees
to surrender all of it's jurisdiction to issue mortgage subsidy
bonds for the calendar year 1981 to Weld County, Colorado and
in so doing recognizes that it has allocated its share of the
State of Colorado limitation on the aggregate amount of quali-
fied mortgage bonds which may be issued during the calendar
year 1981 as determined pursuant to Section 103A(g) of the
Code. The City agrees that it will nbt .issue, or cause to he
issued on its behalf, any mortgage subsiny bonds other than the
bonds contemplated hereby during the calennar. vear 1qe1 •.
........
4
Section 3. The revenue bonds issued by Weld County shall
not constitute the debt or indebtednes's of Weld C".ountv, the
City, the State of Colorado or anv other political suh~ivislon
thereof within the meaning of any provision or li.mitation of
the Constitution or statutes of the State of Colora~o nor qive
rise to pecuniary liability or a charge against the general
credit or taxing powers of Weld County, the City, the State of
Colorado or any other political subdivision thereof.
Section 4. This Ordinance and the delegation of power
contained herein shall be irrevocable during the calendar year
19 81.
Upon mot1on duly made and seconded the foregoing Ordinance
~~ in and for the Count~
and State aforesaid, do hereby certify that the annexed and
foregoing Order is truly copied from the Records of the Pro-
ceedings of the~~~,@&' for said4rzu7_..,i!,,..~,,_ now in
my office.
\
IN WITNESS WHEREOF, I have hereunto set my
affixed the seal of said ~.,,<?(/'"'f7L<l4?mr at
this ~day of ¢/4 , 198{.
'i
hand and
!?' ,T
;;:;,/~/ .Y44b'<_)
ORDINANCE NO. JJ:..Y
AN ORDINANCE AMENDING PART I OF CHAPTER 12 OF THE CODE OF THE
TOWN OF FIRESTONE KNOWN AS THE MODEL TRAFFIC CODE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO:
Section 1.
lowing:
Section 12-4.1 is amended by addition of the fol-
I. Section 26-9' of the Model Traffic Code is amended to
read as follows:
Section 26-9. Parking time limited on certain streets.
In accordance with the provisions of Section 12-2 and when
official signs are erected giving notice thereof, no person shall
park a vehicle between the hours of 10:00 o'clock p.m. and 7:00
o'clock a.m. of any day, including holidays upon any street ot
part thereof as follows:
NAME OF STREET
1.) 1st Street
2.) Granville
PORTION AFFECTED
East side for 125 feet
North of the intersec-
tion with Granville.
North side for 300 feet
East of 1st Street.
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 con-
flict 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 Ordin-
ance 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 there-
of 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 im~
mediate 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 after passage and final publication.
Approved, adopted and ordered published by the Board of Trustees
of the Town of Firestone on the / '-/ day of Cfet:i"L , 1981. -,~~------
ATTEST:
Paul D. Hurtado, Mayor
~;, I? du;t:;.-~,r,1 1;t. ~;rt
Town Clerk
ORDINANCE NO. /1,;S
AN ORDINANCE APPROVING AND GRANTING CONSENT TO THE ASSIGNMENT,
TRANSFER, FINANCING, MORTGAGING, SALE AND FORECLOSURE OF THE COM-
MUNITY ANTENNEA TELEVISION FRANCISE FROM SATELLITE COMMUNICATIONS
CABLE TELEVISION, INC. TO TRI-TOWN CABLEVISION, LTD,
WHEREAS, The Town of Firestone, Weld County, Colorado, (herein
the "Town"), approved and enacted on the 10th day of February 1981,
Ordinance No. 159 entitled "An Ordina.nce Ammending Chapter XIII of
the Code of the Town of Firestone by Adding a Division II of Part II
Relating to Cable Television Franchises" (herein the "Ordinance");
and
WHEREAS, the Town approved and enacted on the 10th day of
February 1981, Ordinance No. 160 grantirig a cable television fran-
chise to Satellite Communications Cable Television, Inc., a Colorado
corporation (herein the "Franchise"); and
WHEREAS, Part 13-83 of the Ordinance provides that the Fran-
chise shall not be transferred or mortgaged in any manner as
provided therein without the prior written consent of the Town;
and
WHEREAS, request has now been made that the proposed transfer
to Tri-Town Cablevision, Ltd,, a limited partnership (herein "Tri-
Town"), of the Franchise granted pursuant to the Ordinance be
evidenced by ordinance approving same.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE-
STONE, WELD COUNTY, COLORADO:
Section 1. The Town hereby waives any provisions of the
Ordinance which would restrict or prevent transfer of the Franchise,
including but not limited to the provisions of Part 13-83(0) of 'the
Ordinance, and hereby approves of and consents to the transfer and
assignment of the Franchise to Tri-Town.
Section 2. The Town hereby approves of and consents to the
f i nanc 1ng of the cable television system ( the "System") to be
constructed and operated pursuant to the Franchise, and approves of
and consents to the encumbrance of the Franchise and the System,
and, including without 1 imitation all of the assets, property and
interests of Tri-Town and any of its present or future partners, by,
among other things, one or more security agreements or devices,
mortgages, deeds of trust or other emcumbrances from Tri-Town
to any lender encumbering or purporting to encumber any property or
assets of Tri-Town, and including the said Franchise and outstanding
ownership interests, units or shares of Tri-Town.
Section 3. That in the event of a foreclosure pursuant to
any· of the aforesaid encumbrances, the Town hereby approves and
consents to the transfer and assignment of the aforesaid interests,
Franchise, System, assets and property to any purchaser(s) at a
·foreclosure sale (or fer the said lender to own and operate same as
mortgagee in possession) under any of such encumbrances, (including
without limitation any lender and any holder(s) of a~y notes given
by reason of any said encumbrances (and to the operation of the
System pursuant to and in accordance with the Franchise and Ordin-
ance by the purchaser ( s) or any said lender as aforesaid) at any
foreclosure sale as aforesaid, upon the acceptance of the rights and
obligations of the Franchise by said purchaser(s) or mortgagee in
possession.
Section 4. The consents and approvals hereby granted are
given pursuant to the Ordinance and include, without limitation,
approval of the transfer and encumbrance aforesaid by Tri-Town
and any of said partners thereof of their interests under the
Franchise and the Ordinance and their interests in the System,
including the said Franchise, property and assets. The consents and
approvals hereby given do not, however, constitute and shall not be
construed to constitute a disclaimer or waiver of any rights granted
to the Town under the Franchise or the Ordinance.
Section 5. The Town hereby amends Part 13-S0(S) of the
Ordinance to read as follows:
"Gross revenue" means any and all revenue derived directly
or indirectly by the Company from or in connection with the
operation of the Cable Television system. All revenues shall
include, but not be limited to, basic subscriber service
monthly fees, pay cable fees, leased channel fees, converter
rentals, studio rental, production equipment and personnel
fees, and advertising revenues; and shall not include any taxes
on services furnished by the company imposed directly upon any
subscriber or user by the State, City or other governmental unit
and collected by the Company on the behalf of said governmental
unit, and shall not include refunds or credits to subscribers.
Section 6. That the Franchise and the Ordinance were each
duly and legally adopted and approved by the Town and the said
Franchise and the rates chargable thereunder are hereby validated,
ratified and confirmed.
Section 7. Tri-Town shall be controlled at all times during
its application for and operation, installation and maintenance of
the System and the Franchise by the provisions of the Code of the
Town relative to cable television franchises and the terms of the
Code are incorporated herein as if fully restated.
Section 8. 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 been included therein. It is
further declared that if any provision or part of this ordinance, or
the application of any thereof to any person, or circumstances, is
held invalid, the remainder of this ordinance and the application
thereof to other persons shall not be affected thereby.
Section 9. That this ordinance shall take ~ffect and continue
and remain in effect from and after its passage and approval.
Approved, adopted, and ordered published by the ~card.
Trustees of the Town of Firestone, on the ~ day of
1981.
ATTEST:
.S> bdk« ~~~
ToiSncferk
... '
ORDINANCE NO. /~7
AN ORDINANCE AMENDING THE UNIFORM BUILDING CODE AS ADOPTED.BY
THE TOWN OF FIRESTONE. ·
BE IT ORDAINED BY THE BOARD.OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO:
SECTION 1. Chapter 3, Part I, Section 2(A), Subsection 1,
entitled Amendments and Deletions is hereby amended by addition
of the following subparagraph d:
d. Section jol(b) (2) of the Uniform Building Code is hereby
deleted in its entirety.
SECTION 2. All Ordinances, resolutionsj and motions of the
Board of Tnustees 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 eftect, 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 provision 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 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 purpose
and shall be in full force and effect after its passage and final
publication.
Approved, ado.pte~, and ordered J?UblisCfd by the Board of Tr;ustees
of the Town of Firestone, on this / · day of !J11.,.,J_ L9f--( ,
1981.
Mayor
ATTEST:
~~ To Clerk
•.
0
.ORDINANCE NO. /66
AN ORDINANCE AMENDING THE CODE OF THE TOWN OF FIRESTONE
RELATIVE TO TRESPASS AND DISTURBANCE.
BE IT _ORDAINED. BY THE B_OARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, WELD COUNTY, COLORADO:
SECTION 1. Chapter 9, Part IV, Section 9-22 entitled
"Disturbance, Breach of Peace" is hereby repealed and
re-enacted to read as follows:
It shall be unlawful for any person to make or
cause to be made any noise or sound o_f such
volume or of such a nature as to cause a
disturbance or breach of the peace.
SECTION 2. Chapter 9, Part IV, Section 9-39 entitled
"Trespassing" is hereby repealed and re-enacted to read
as follows:
A. Trespasses prohibited. It shall be unlawful for
any person, firm or corporation to commit a trespass
within this municipality upon either public or
private property.
B. _Specifically enumerated trespasses. Without
constituting any limitation upon the provisions
of section .1 _hereof, any of the following acts
by any person, firm or corporation shall be deemed
included among those that constitute trespasses
in violation of the provisions of said section 1.
The aforesaid enumerated acts shall include:
1. An entry upon the premises, or any part thereof,
of another, including any public property in viola-
tion-of a notice posted or exhibited at the main
entrance to said premises or at any point of approach
or entry or in violation of any notice, warning or
protest given orally or in writing, by any owner or
occupa11t thereof; or
2, The pursuit of a course of conduct or action
incidental to the making of any entry upon the land
of another in violation of a notice posted or exhibited
at the main entrance to said premises or at any point
of appro'ach or entry, or in violation of any notice,
warning or protest given orally or in writing by any
owner or occupant thereof; or
..
•
"
'3. A failure or refusal to depart from the premises of
another. in _case of being requested, either orally or
in writing by any owner or occupant thereof; or
4. An entry into or upon any land of another by means
of an automobile, ·motor vehicle, motorcycle, motor
driven cycle, motoriz.ed bicycle, motor scooter, dirt
bike, bicycle or other self or motor propelled mechani-
cal d_evice made without the consent of the per_ssm having
the r_ight_ to the possession or control thereof, or a
failure·or fefusai to leave any such land after being
requested to leave by the person having such right.
SECTION. 3. All Ordinances, resolutions, _and motions of the ..
Board of Trust.ees of the Town of Firestone or_ parts thereof, in
conflict with the provisions of.this Ordinance are to the extent
of such conflict hereby superseded and repealed.
SECTION.4. ·The -sections of this Ordinance. are hereby declared
to be severable, and if.any section, provision or p/irt thereof
shall be held·unconstitution/3,l or invalid, the remainder of this
Ordinance shall continue in full force and effect, it being .the
iegislative 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 thereqf to any
person or circumstance, is held invalid, the remainder of this
Ordinance and the application thereof to other persons shall bpt
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 after its
passageahd final publication.
Approved, adopted, and ordered published by
of the Town of Firestone, on this llf day
1981. · . ·
ATTEST:
-2-
the(koard of Trustees
of J k4?-: fP,H,
(/
Mayor
ORDINANCE NO . .1.0..3
AN ORDINAI,JCE AMEND.ING THE CODE OF THE TOWN OF FIRESTOUE PROVISIONS
RELATING '.l'O REMOVAL OF RUBBISH, 'I'RASH AND OTHER \'/ASTE MATERIAL.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO:
SECTION 1. Section 8-19 of Part V, Chapter 8 of the Code of the
Town of Firestone is hereby repealed and re-enacted as follows:
8-19. Collection System Established.
The Town of Firestone hereby establishes a collection service
for waste materials, except for hazardous materials and bulky
materials for single family residential units as follows:
a.) The collection system shall provide for collection
and removal of waste materials with the exception
noted in this Section 8-19 on a weekly basis.
b.) All acceptable waste materials shall be placed in
receptacles, as defined in this Part V, by the
owner, tenant or occupant of single family residences.
The receptacle shall be placed in the alley adjacent
to each residence on a wceklf schedule established
by the Town. If there is no adjacent alley, the
receptacle shall be placed on the street in front
of the residence. If the waste material is other
than that provided for or if it is not in a proper
receptacle or if the receptacle is not properly
placed, the Town shall be under no obligation to
collect or remove the waste material.
c.) Any owner, occupant or tenant may choose to remove
his or her own trash or may contract with a trash
service other than that furnished by the Town sub-
ject to the provisions of this Part V.
SECTION 2. Section 8-20 of Part V, Chapter 8 of the Code of
the Town of Firestone is re-enacted as follows:
8-20. Non-Residential, Multi-family Residential, and Non-
Acceptable Waste Material Removal.
a.) All. commercial, industrial, and multi-family
containing two (2) or more living units are
excluded from the collection service system
established in this Part V.
b.) All hazardous and bulky material is excluded from
the collection service system established in this
Part V.
SECTION 3. 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 4. 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. 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.
Passed by the Boar dK day of _· ~,,L/-l,,.{,.,"-"'-J'1---c---' 19 81 .
Town of Firestone this
ATTEST:
~~<~~-
Town Clerk· _
ORDINANCE NO. 170
AN ORDINANCE LEVYING TAXES FOR THE YEAR 1982 TO DEFRAY THE
COSTS OF MUNICIPAL GOVERNMENT OF FIRESTONE, COLORADO, FOR
THE FISCAL YEAR BEGINNH!G JA0!UARY 1, 19 3 2, AND E;1DH!G DECEMBER
31, 1982.
WEEREAS, the Board of Trustees of the Town of Firestone,
shall adopt a budget for the fiscal year beginning January 1,
1982, and ending December 31, 1982, and
WHEREAS, the Board of Trustees has determined that the
proper mill levy upon each dollar of the assessed valuation
of all taxable property within the Town is 15.960 mills.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF T!IE TOWN OF FIRESTONE, COLORADO:
Section 1. That for the purposes of defraying the
expenses of the General Fund of Firestone, Colorado, during the
fiscal year beginning on January 1, 1982, and ending on December
31, 1982, there is hereby levied a tax of 5.690 mills upon each
dollar of the total assessed valuation of all taxable property
within the Town of Firestone for the year 1982.
Section 2. That for the purpose of defraying the
expense of paying the interest upon and principal of outstand-
ing bonds of the Town of Firestone, Colorado, coming due in the
fiscal year beginning January 1, 1982, and ending December 31,
1982, there is hereby levied a tax of 10.270 mills upon each
dollar of the· total assessed valuation of taxable property within
the Town of Firestone for the year 1982.
Section 3. That the Town Clerk is hereby authorized
and directed to immediately certify to the County Commissioners
of Weld County, Colorado, the total tax levy for the Town of
Firestone, Colorado, as is herein set forth.
INTRODUCED, READ, A:m ADOPTED ON this 13th day of October ,
1981.
ATTEST:
t\-...
\
ORDINANCE NO. l.Zi_
AN ORDINANCE FOR THE REGULATION OF STORAGE, HANDLING AND USE
OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES AND CONTROL-
LING CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE USE OR
OCCUPANCY OF BUILDINGS OR PREMISES WITHIN THE TOWN OF FIRE-
STONE, ADOPTING BY REFERENCE THE 1979 EDITION OF THE UNIFORM
FIRE CODE AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
BE IT ORDAINED BY THE BOARD OF.TRUSTEES OF THE TOWN OF FIRE-
STONE, WELD COUNTY, COLORADO:
Section 1. Part III of Chapter 3 of the Code of the
Town of Firestone is hereby repealed and reenacted as follows:
PART III UNIFORM FIRE CODE
Section 3-10 Adoption of Uniform Fire Code. Pursuant to
Title 31, Article 16, Parts 1 and 2, C.R.S. 1973, as amended,
there is hereby adopted by reference the 1979 Edition of the.
Uniform Fire Code promulgated and published by the International
Conference of Building Officials and the Western Fire Chief's
Association both of 5360 South Workman Mill Road, Whittier,
California 90601. The subject matter and purpose of the Uniform
Fire Code and the reason for adopting the Code is for the regu-
lation of storage, handling, and use of haiardous substances,
materials and devices and for controlling conditions hazardous
to life or property in the use or occupancy of buildings or
premises within the Town of Firestone. The .1979 Uniform Fire
Code is adopted as if set forth at. length herein.
Section 3-10.l Penalties. The following penalties shall
apply to Section 3-10.
a.) It is unlawful for any person, partnership,
corporation, or other legal entity to violate any
of the provisions of Section 3-10 of the Code of
the Town of Firestone.
b.) Every person, partnership, corporation or other
legal entity convicted of a violation of any pro-
vision stated or adopted by Section 3-10 of the
Code of the Town of Firestone shall be punished by
a fine not exceeding THREE HUNDRED AND N0/100 ($300.00)
DOLLARS, or by imprisonment not exceeding NINETY (90)
days, or by both such fine and imprisonment.
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 validiti of the remaining portion of this
Ordinance. The Board of Trustees hereby declares that it would
have passed this Ordinance and each part or parts thereof, ir-
respective··of the fact that any one part or parts be declared
invalid.
Section 3. Repeal. Existing provisions of the Code
of the Town of Firestone or parts thereof covering the same
matters as embraced in this Ordinance are hereby repealed and
all Code sections or parts thereof inconsistent with the pro-
visions 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 of
any Ordinance or Code section hereby repealed prior to the taking
effect of this Ordinance,
Section 4,. Publication. The Town Clerk shall certify
to the passage to this Ordinance, and cause notice'of its con-
tents and passage to be published or posted, and make not less
than three copies of the adopted Cod~ available for inspection
by the public during regular business hours.
Section 5. Emergency nature. In the opinion o~ the
Board of Trustees of the Town of Firestone, Weld County, Colo-
rado, this Ordinance is necessary for the immediate protection
and preservation of the public health, safety, convenience,
and general welfare.
Settion G. Effective date. This Ordinance shall be in
full force and effect from and after the date of final passage,
approval, and publication.
PASSED BY THE BOARD OF
SIGNED ON THIS :fB~DAY OF
ii Ck»
( S E A L )
ATTEST:
TRUSTEE~~F? PUBLIC HEARING AND
&_.,e ,{_J f:jj!_,/J.) . , 19 81 . /di ~ ®-1.b ~ A ayor
TOIJN -OF FIRESTONE
-2-
ORDINANCE NO. 172
AN ORDINANCE ADOPTING THE BUDGET FOR THE TOWN OF
FIRESTONE, COLORADO, FOR THE FISCAL YEAR BEGINNING ON THE
FIRST DAY OF JANUARY, 1982, AND ENDING ON THE LAST DAY OF
DECEMBER, 1982, ESTIMATING THE AMOUNT OP 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, 1982, and ending December 31, 1982, has
prepared said budget and submitted it to the Board of
Trustees, and;
WHEREAS, the Board of Trustees held a public hearing
November 10 , 1981, and; on said budget on --------------
WHEREAS, the assessed valuation of taxable property for
the year 1981 in the Town of Firestone, as returned by the
County Assessor of Weld County, Colorado is the sum of
$ 6,547,260.00.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN OF FIRESTONE,
WELD , .COUNTY , COLORI\.DO .
Section 1. That the estimated revenues for the ~arious
funds for the Town of Firestone are:
GENERAL FUND
Property Taxes
Other Revenues
Total
WATER FUND
Property Taxes
Other Revenue
Total
REVENUE SHARING FUND
Total
PARK FUND
Total
SPECIAL ASSESS.MENT FUND # 1
Total
$ 37 254
$ 164 447
$ 201 701
$ 67 238
$ 149 915
$ 217 153
$~....:2::.:3::..L4c.:9:..::0c___ ___ _
$ 377 ---~--'-------
$ 137 132
(2)
ORDINANCE NO. 172
•
POLICE PENSION FUND
Total
DEBT SERVICE FUND
Total $ 195 292 ~~~~~----
Section 2. That the estimated expenditures for each
fund of the Town of Firestone are as follows:
GENERAL FUND .
WATER FUND
REVENUE SHARING FUND
PARK FUND
SPECIAL ASSESSMENT FU!lD # 1
POLICE PENSION FUND
DEBT SERVICE FUND
$
$
$
$
$
$
$
201,701
217,153
19,991
-----
122,000
-----
195,292
Section 3. That the budget for the Town of Firestone,
Colorado, for the fiscal year beginning January 1, 1982, and
ending December 31, 1982, 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 as
the budge_t for the Town of Firestone, Colorado 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, AND ADOPTED ON THIS j_£_DAY OF n,,~~
1981.
Mayor
ATTEST:
~ef/&/~=d
Town Clerk
ORDINANCE N0.173 -=--'---=----
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, 1982, AND ENDING ON THE LAST DAY O"' DECEMBER, 1982.
WHEREAS, the Board of Trustees has, adopted by ordinance
the annual budget in accordance with the Local Government Budget
Law, on November 10 , 1981, and;
WHEREAS, rhe Board of Trustees has, made provision·therein
for revenues in an amount equal to or greater than the total
proposed expenditures as set forth in said budget, and;
WHEREAS, it is not onlv required by law, but also necessary
to appropriate the revenues provided in the budget to and for the
purposes described below, so as not to impair the operations
of the Town of Firestone ..
NOW, THEREFORE BE IT ORDAINED by the Board of Trustees
of the Town of Firestone. Colorado;
Section 1. That the following sums are hereby appropri-
ated from the revenue of each fund, to each fund, for the pur-
poses stated;
General Fund $ 201,701
Water Fund $ 217,153
Revenue Sharing Fund $ 19,991
Park Fund $ -----
Special Assessment Fund # 1 $ 122,000
Police Pension Fund $ -----
Debt Service Fund $ 195,292
q) '9th
INTRODUCED, READ, AND ADOPTED ON THIS _..f?e __ DAY OF
~ , 1981.
ATTEST:
/ · .. Mayor/¼-¥
Town Clerk
ORDINANCE NO.173 ---,-~
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, 1982, AND ENDING ON THE LAST DAY O~ DECEMBER, 1982.
WHEREAS, the Boara of Trustees has; adopted by ordinance
the annual budget in accordance with the Local Government Budget.
Law, on November 10 , 1981, and;
WHEREAS, t-heBoard of Trustees has, made provision therein
for revenues.in an amount equal to or greater than the total
proposed expenditures as set forth in said budget, and;
WHEREAS, it is not onlv required by law, but also necessary
to appropriate the revenues provided in the budget to and for the
purposes described below, so as no.t to impair the operations
of the Town of Firestone.
NOW, THEREFORE BE IT ORDAINED by the Board of Trustees
of the Town of Firestone. Colorado;
Section 1. That the following sums are hereby ·appropri~
ated from the revenue of each fund, to each fund, for the pur-
poses stated;
General Fund $ 201,701
Water Fund $ 217,153
Revenue Sharing Fund $ 19,991
Park Fund $ . -----
Special Assessment Fund # 1 $ 122., 000
Police Pension.Fund $ -----
Debt Service Fund $ 195,292
. ~-✓ INTRODUCED, READ, AND ADOPTED ON THIS-,, *th DAY OF
~Cl'vClliber , 19.81.
ATTEST:
~~~~
Town Clerk
ORDINANCE NO. LLi.
AN ORDINANCE PERTAINING TO MONTHLY WATER RATES FOR VARIOUS SIZE
TAPS IN THE TOWN OF FIRESTONE, WELD COUNTY, COL.ORADO.
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 Service Charges. 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
CHARGE FOR 5,000-15,000 15,000-20,000 OVER 20,000
METER FIRST PER 1,000 PER 1,000 PER 1,000
SIZE 5,000 GALLONS GALLONS USED GALLONS USED GALLONS USED
5/8" $21. 00 .90 1.00 1.10
3/4" $31. 00 .90 1.00 1.10
l" $54.00 .90 1.00 1.10
1-½" $74.00 .90 1.00 1.10
2" $125.00 .90 1.00 1.10
3" $245.00 .90 1.00 1.10
Section 2. 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 as of January 1, 1982.
Section 3. Severabi1ity. 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 remain-
der of this Ordinance shall continue in full force and effect, if
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 affected
thereby.
Section 4. Effective Date. The rates set forth in this
Ordinance shall take effect as of January 1, 1982.
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 after passage and final
publication.
Approved, adopted,
Trustees of the Town of
ATTEST:
and ordered published by the~~rd of
Firestone on thisc;,1,_q~ay of .,,,,,---441,
{?r.wgat/;~
Mayor
~~~ Town Clerk
1981.
/
ORDINANCE NO. /7S
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 for the year 1982 and thereafter
of the Municipal Judge of the Town of Firestone, Weld
County' Colorado shall be set at the sum of FOUR T.liOUSAND
EIGHT HUNDRED AND NO/100 ($4,800.00) DOLLARS.
Section 2. Monthly Increments.
Said annual salary shall be payable in monthly in-
crements of FOUR HUNDRED AND NO/100 ($400.00) DOLLARS,
each and every month of the year, commencing in January,
1982.
Section 3. Salary Not Based on Number of Cases or
Convictions.
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, 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 pe!t'son 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
health, safety, convenience, and general welfare, and it is
enacted for that purpose and shall be in full force and effect
after its passage and publication.
Approved, adopted,
Trustees of the Town of
1982.
and ordered published by the. Board of
Firestone on the /;J._ day of January,
Qa.,uQ D '&LJ\~ Mayor
~ ~ ~d· Town Clerk
RESOLUTIO:;
The Board of .Trustees of the Town of Firestone, Weld
County, Colorado, has reviewed its police pension program
and has determined as follows:
1. The fund for the so-called ''old hire" officer is
locally administered and has received state assistance in
the past.
2. The Town desires to continue with state assistance
to the pension plan.
3. The required Town contributions to the plan if
state assistance is received, would place an undue initial
hardship on the taxpayers of the Town of Firestone.
WHEREFORE, thi Town of Firestone requests that it be
granted hardship status relative to its contribution to the
police pension plan cuirently in effect and that its funding
requirements be modified to reflect that status according.to
state law .
. n.dopted this /S day of December,
of Trustees of the Town of Firestone.
1981, by the Board
~Q--~
Mayor ·
AT'l'EST:
S'l'A'l'L OF COLOR.'\DO
cou;,J'I'Y OF WELD s s.
TOWI, OF FIRES'l'Oi'lE
The undersigned Clerk of the Town of Firestone, Weld
County, Colorado, hereby certifies that the above and fore-
going Resolution was adopted by the Board of Trustees, Weld
County, Colorado, on December /,£ , 1931.
Witness my hand and seal this /;7' day of December,
1981.
(SEAL)
NOTICE OF PUBLIC· BEA.RING
NOTICE is hereby given of a public hearing, to be held
b~fore the Board of Trustees of the Town of Firestone, Weld
County, Colorado, at 7:30 o'clock p.m. on the 7th day of May,
1980, at the Mead Town Hall for the purpose of considering
the adoption of an Ordinance of the Town of Firestone, Colo-
rado, adopting by reference a Building Code of a general and
permanent nature entitled Weld County Building Code, and which
Code adopts by reference therein as secondary codes, The
Uniform Building Code, 1979 edition, promulgated by the In-
•
ternational Conference of Building Officials; The Uniform
Mechanical Code, 1979 edition, promulgated by the International
Association of Plumbing and Mechanical Officials and the In·-
ternational Conference of Building Officials; The National
Electrical Code, 1978 edition, promulgated by The National
Fire Protection Association; The Un!form Plumbing Code, 197fi
edition, promulgated by the International Association of Plumb-
ing and Mechanical Officials; The Uniform Code for the Abatement
of Dangerous Builcfings, 1979 edition, promulgated by the In-
ternational Conference of Building Officials; providing penalties
for violations of the provisioni of these Codes and this Ordinance;
setting forth amendments to the published Codes; providing for
the repeal of certain Ordinances; providing for the maintenance
of official copies of such Codes; providing for revisions of
the Code of the Town of Firestone,· providing for the sale of such
copies of suth Codes; and providing for the effective date of
the Ordinance and the Codes adopted therein by referenc~.
The purpose of the Weld County Building Code as promulgated
by Weld County, Colorado, is to preserve and protect the public
health, safety and general welfare and the safety, protection
and sanitation of dwellings, ·buildings and structures in the
Town of Firestone.
The purpose of The Uni.'form Build_i,;ng Code, 1979 edition,
promulgated by the International Conference of Building Of-
ficials, 5360 South Workman Mill Road, Whittier, California
90601, is to protect the safety of tpe residents of the Town
of Firestone by prescribing minimum standards forbuildings
and other structures. The subject matter of this Code includes
regulations concerning the erection, enlargement, construction,
alteration, repair, movinq, removal, conversion, demolition, . -
occupancy, height, U!je, area,·maintenance and other matters
relating to structures and buildings within the Town of Firestone.
The purpose of The Uni.form Mechanical Code, 1979 edition,
promulgated by the International Association of Plumbing and
Mechanical Officials and the International Conference of Build-
ing Officials, 5360 South Workman Mill Road, Whitt•i"er,California
90601, is to provide complete requirements for the installation
and maintenance of heating, ventilating, cooling and refriger-
ation systems for the protection of the safety, health and sani-
tation of the residents of the Town of Firestone.
The purpose of The National Electrical Code, 1978 edition,
promulgated by the National Fire Protection Association, 470
Atlantic Avenue,· Boston, Massachusetts 02210, is to protect
and safeguard the health and safety of the r~sidents of the
Town of Firestone from the hazards arising from the use of elec-
tricity and provides for establishing standards for the inspec-
tion of electrical installations in public and private structures,
including mobile homes, and other premises such as yards, lots
and industrial substations.
The purpose of The Uniform Plumbing Code, 1976 edition,
as promulgated by the International Association of Plumbing
and Mechanical Officials, 5032 Alhambra A.venue, Los Angeles,
California 90032, is to protect the health and sanitation of
the residents of the Town of F_irestone by providing minimum
standards for the erection, installation, alteration, addition,
repair, _relocation, replacement, maintenance or use of any
plumbing system.
-2-
'
The purpose of Th~_~)niform Code. for the Abatement of
!2.a~e.rous Buildings, 1979 edition, as promulgated by the
International Confeience of Building Officials, 5360 South
Workman Mill Road, Whittier, California 90601, 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.
Copies of the above primary and secondary Codes being
considered for adoption by reference are on file in the office
of the Town Clerk arid are available for public inspection.
This Notice given and publ,ished by Order of the. Board of
Trustees of the Town of Firestone, Colorado.
DATED this ___ day of ________ , .1980, Town of
Firestone, Colorado, by Order of the Board of Trustees.
Mayor.
AT'rEST:
Town Clerk
-3-
NOTICE OF PUBLIC HEARING
NOTICE is hereby given of a public hearing, to be held
before the Board of Trustees of the Town of Firestone, Weld
County, Coloraa:o, at 7 :30 o'clock p.m. on the 7th day of May,
1980, at the Mead Town Hall for the purpose of considering
the adoption of an Ordinance of the Town of Firestone, Colo-
rado, adopting by reference a Building Code of a general and
permanent nature entitled Weld County Building Code, and which
Code adopts by reference therein as secondary codes, The
Uniform Building Code, 1979 edition, promulgated by the In-
ternational Conference of Building Officials; The Uniform
Mechanical Code, 1979 edition, promulgated by the International
Association of Plumbing and Mechanical Officials and the In-
ternational Conference of Building Officials; The National
Electrical Code, 1978 edition, promulgated by The National
Fire Protection Association; The Uniform Plumbing Code, 1976
edition, promulgated by the International Association of Plumb-
ing and Mechanical Officials; The Uniform Code for the Abatement
of Dangerous Buildings, 1979 edition, promulgated by the In-
ternational Conference of Building Officials; providing penalties
for violations of the provisions of these Codes and this Ordinance;
setting forth amendments to the published Codes; providing for
the repeal of certain Ordinances; providing for the maintenance
of official copies of such Codes; providing for revisions of
the Code of the Town of Firestone, providing for the sale of such
copies of such Codes; and providing for the effective date of
the Ordinance and the Codes adopted therein by reference.
The purpose of the Weld County Building Code as promulgated
by Weld County, Colorado, is to preserve and protect the public
health, safety and general welfare and the safety, protection
and sanitation of dwellings, buildings and structures in the
Town of Firestone.
The purpose of The Uniform Building Code, 1979 edition,
promulgated by the International Conference of Building Of-
ficials, 5360 South Workman Mill Road, Whittier, California
90601, is to protect the safety of the residents of the Town
of Firestone by prescribing minimum standards for buildings
and other structures. The subject matter of this Code includes
regulations concerning the erection, enlargement, construction,
alteration, repair, moving, removal, conversion, demolition,
occupancy, height, use, area, maintenance and other matters
relating to structures and buildings within the Town of Firestone.
The purpose of The Uniform Mechanical Code, 1979 edition,
promulgated by the International Association of Plumbing and
Mechanical Officials.and the International Conference of Build-
ing Officials, 5360 South Workman Mill Road, Whitt,i•er,California
90601, is to provide complete requirements for the installation
and maintenance of heating, ventilating, cooling and refriger-
ation systems for the protection of the safety, health and sani-
tation of the residents of the Town of Firestone.
The purpose of The National Electrical Code, 1978 edition,
promulgated by the National Fire Protection Association, 470
Atlantic Avenue, Boston, Massachusetts 02210, is to protect
and safeguard the health and safety of the residents of the
Town of Firestone from the hazards arising from the use of elec-
tricity and provides for establishing standards for the inspec-
tion of electrical installations in public and private structures,
including mobile. homes, and other premises such as yards, lots
and industrial substations.
The purpose of The Uniform Plumbing Code, 1976 edition,
as promulgated by the International Association of Plumbing
and Mechanical Officials, 5032 Alhambra Avenue, Los Angeles,
California 90032, is to protect the health and sanitation of
the residents of the Town of Firestone by providing minimllm
standards for the erection, installation, alteration, addition,
repair, relocation, replacement, maintenance or use of any
plumbing system.
-2-
,
The purpose of The Uniform Code for the Abatement of
Dangerous Buildings, 1979 edition, as promulgated by the
International Conference of Building Officials, 5360 South
Workman Mill Road, Whittier, California 90601, 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.
Copies of the above primary and secondary Codes being
considered for adoption by reference are on file in the office
of the Town Clerk and are available for public inspection.
This Notice given and published by Order of the Board of
Trustees of the Town of Firestone, Colorado.
DATED this day of -----'----' 19 8 0, Town of
Firestone, Colorado, by Order of the Board of Trustees.
Mayor
ATTEST:
Town Clerk
-3-
(
NOTICE OF PUBLIC HEARING
NOTICE is hereby given of a public hearing, to be held
before the Board of Trustees of the 3own of Firestone, Weld
County, Colorado, at 7:30 o'clock p.m. on the 7th day of May,
1980, at the Mead Town Hall for the purpose of considering
the adoption of an Ordinance of th~ Town of Firestone, Colo-
rado, adopting by reference a Building Code of a general and
permanent nature entitled Weld County Building Code, and which
Code adopts by reference therein as secondary codes, The
Uniform Building Code, 1979 edition, promulgated by the In-
ternational Conference of Building Officials; The Uniform
Mechanical Code, 1979 edition, promulgated by the International
Association of Plumbing and Mechanical Officials and the ln-
ternational Conference of Building Officials; The National
Electrical Code, 1978 edition, promulgated by The National
Fire Protection Association; The Uniform Plumbing.Code, 1976
edition, promulgated by the International Association of Plfimb~
ing and Mechanical Officials; ,The Uniform Code £cir the Jl_batement
of Dangerous Buildings, 1979 edition, promulgated by the In-
ternational Conference of Building Officials; providing penalties
for violations of the provisions of these Codes and this Ordinance;
setting forth amendments to the published Codes; providing for
the repeal of certain Ordinances; providing for the maintenance
of official copies of such Codes; providing for revisions of
the Code of the Town of Firestone, providing for the sale of such
copies of such Codes; and providing for the effective date of
the Ordinance and the Co{es adopted therein by reference.
The purpose of the Weld County Building Code as promulgated
by Weld County, Colorado, is to preserve and protect the public
health, safety and general welfare and the safety, protection
and ~anitation of dwellings, buildings and structures in the
Town of Firestone.
The purpose of The Uniform Building Code, 1979 edition,
promulgated by the International Conference of Building Of-
ficials, 5360 South Workman Mill Road, Whittier, California
90601, is to protect the safety of the residents of the Town
of Firestone by prescribing minimum standards for buildings
and other structures·. The subject matter of this Code includes
regulations concerning the erection, enlargement, construction,
alteration, repair, moving, removal, conversion, demolition,
· occ_upancy, height, use_, area, maintenance and other matters
relating to structures and buildings within the Town of Firestone.
The purpose of The Uniform Mechanical Code, 1979 edition, -
promulgated by the International Association of Plumbing and
Mechanical Officials and the International Conference of Build-
ing Officials, 5360 South Workman Mill. Road, Whi tt"i·er ,California
90601, is to provide complete requirements for the installation
and maintenance of heating, ventilating, cooling and refriger-
ation systems for the protection of the safety, health.and sani-r
tation of the residents of the Town of Firestone.
The purpose of The National Electrical Code, 1978 edition,
promulgated by the National Fire Protection Association, 470
Atlantic Avenue, Boston, Mass~chusetts 02210, is to protect
and safeguard the health and safety of the residents of the
Town of Firestone from the hazards arising from the use of elec-
tricity and provides for establishing standards for the inspec-
tion of electrical installations in public and private structures,
including mobile. horn.es, and other premises such as ·yards, lots
and industrial substations.
The purpose of The Uniform Plumbing Code, 1976 edition,
as promulgated by the International Association of Plumbing
and Mechanical Officials, 5032 Alhambra Avenue, Los Angeles,
California 90032, is to protect the health and sanitation of
the residents of the Town of Firestone by providing minimum
standards for the erection, installation, alteration, addition,
repair, relocation, replacement, maintenance or use of any
plumbing system.
-2-
•
The purpose of The Uniform Code for .the Abatement of
Dangerous Buildings, 1979 edition, as promulgated by ~he
' .. '
International Conference of Building Officials, 5360 South
Workman Mill Road, Whittier, California 90601, 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 vacition
of such unsafe buildings or structures.
Copies of the above primary and secondary Codes being
considered for adoption by reference are on file in the office
of the Town Clerk and are available for public inspection.
This Notice given and published by Order of the Board of
Trustees of the Town of Firestone, Colorado.
DATED this day of · 1980, Town of
Firestone, Colorado, by Order of the Board of Trustees ..
Mayor
ATTEST:
Town Clerk
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'"' .... ·•·
PETITION FOR ANNEXATION
TO THE TOWN OF. FIRESTONE,
COUNTY OF WELD, STATE OF COLORADO
TO: THE BOARD OF TRUSTEES, TOWN OF FIRESTONE:
The undersigned, Franklin C. Zadel and Helen M.
Zadel, owners in fee simple.of the hereinafter described
property, respectfully petition the Board ·of Trustees
of the Town of Firestone to include in said Town the here-
inafter described lands, and as grounds in support thereof
state:
1. That it is desirable and necessary that the
following described lands be annexed to the said Town
of Firestone.
2. The requirements of Colorado Revised Statutes,
1973, as Arnended, 31-12-104, exist in that not less than
one-sixth of the perimeter of the area proposed to be
annexed is contiguous with the boundaries of the Town
of Firestone.
3. That a connnunity of interest exists between
the area proposed to be annexed and the Town of Firestone
in that said area will be urbanized in the near future,
and is capable of being integrated with the said Town
of'. Fi re stone.
4. That no land held in identical ownership,
whether consisting of one tract or parcel of real estate,
or two or more continuous tracts or parcels of real estate
is (1) divided into parts or parcels without the written
consent of the land owner or owners thereof or. (2) comprised
of twenty acres or more and which, together with buildings
and improvements situated thereon, has an assessed valuation
in excess of $200,000 for ad valorem tax purposes for
the year preceding the proposed annexation.
5. That no other annexation proceedings are currently
pending concerning this territory, and• this annexation
will .not result in the de,tachment of the area from any
school district, nor will it attach the territory to be
annexed to any other school district,
6. That the undersigned comprise the land owners
of 100% of the territory included in the area propo'sed
to be annexed.
7. That an election is not required pursuant
to the laws of the State of Colorado in order to annex
the territory subject to this annexation proceeding.
8. That the entire area proposed for annexation
is included in the following Special Districts, to-wit:
a. Northern .Colorado Water Conservancy District
b. Frederick Fire Protection District
c. St. Vrain Valley School District RElJ
9. That the entire area proposed for annexation
is to be included in the Weld County Tri-Area Sanitation
District.
10. That Petitioners agree to comply with all
terms and conditions of the Annexation Ordinance of the
Town of Firestone, as modified by the Annexation Agreeement
hereunto annexed and marked Exhibit C.
11. · That the following water rights are appurtenant
to the property sought to be annexed:
a. Three Hundred (300) shares of Big Thompson
Company, held by Helen M. Zadel and Franklin C. Zadel,
jointly.
b. Ninety (90)·shares of Coal Ridge Ditch
Company, held by Helen M. Zadel and Franklin C. Zadel
jointly.
Legal descriptions for ditches traversing the property
may be found at:.
a. Book 278, page 140, Weld County records
b. Book 370, page 396, Weld County records
c. Book 1436, page 442, Weld County records
Full legal descriptions will be provided when received
from Clerk and Recorder.
12. Wherefore the undersigned respectfully request
the Board of Trustees of the Town of Firestone approve
the annexation of the following described area to-wit:
A portion of Section 19, Township 2 North, Range .
6 7 West of the 6th P .M~, · County of Weld, State of Colorado,
more particularly described as follows:
Beginning at the Southwest comer 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 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
-2-
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' 3011 East 15.00 feet; thence North 29°
05'30" East 410.00 feet to the TRUE POINT OF BEGINNING;
thence North 28 °2 7' 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.
Each of the undersigned being the owners in joint
tenancy of an undivided one-half interest in the above
described real property.
Dated this
STATE OF COLORADO
COUNTY OF WELD,
---day of July, 1977.
~-~z~~ (SEAL)
217 East 1st Street
Fort Lupton, Colorado 80621
-::-=::~l_ .. ~~-~~~~~~~-(SEAL) ~--ne en M. Za e
217 East 1st
Fort Lupton,
OWNERS
)
) ss
)
80621
The foregoing Petition for Annexation was subscribed
and acknowledged before me ·this · ~Y.Jiday of July~ 1977,
by Franklin C. Zadel and Helen M. Zadel.
WITNESS my hand and official seal.
-3-
EXHIBIT "B"
LATEST KNOWN NAMES A._f'1D ADDRESSES OF PROPERTY OWNERS WITHIN 300
FEET OF THIS PARCEL AND THE REMAINDER OF SECTION 19 TO BE PETITIONED
FOR ANNEXATION.
13
' L ______ .....J
3tJ
SECTION 30, RANGE 67 W:
U. P. R. R. Tax Dept., K. W. Treasure; 1416 Dodge Street,
Omaha, Nebraska 68102
Tri-Town Sanitation District, Frederick, Colorado 80530
Rocky Mountain Fuel Co., Development Corp. Room 615, 331 14th
Street, Denver, Colorado 80202
SECTION 14 -South Portion:
Franklin C. Zadel and Helen M. Zadel, 305 10th St., Ft. Lupton, Colo.
80621
SECTION 2l~, RANGE 68W:
North Portion:
Zella Winter, c/o A. W. Winter, 68 Peal St., Simcoe, Ontario,
Canada
South Portion:
Lower Boulder Extension Reservoir Co. , Longmont, Colorado 80501
SECTION 13, RANGE 68W:
Stanley Olson, Route 4, Longmont, Colorado 80501
John Zadel, Route 4, Lonr,mont, Colorado 80501
SECTION 18, RANGE 67 W:
Vincent Rauth, Firestone, Colorado.80520
Lowell Aldefer, Route 4, Box 116 P, Longmont, Colorado 80501
Edwin Staley, .c/o Edp;ar Kanpt, Route 4, Box 116 N.; Longmont, Colo. 805(]1
SECTION 18, RANGE 67 W: (Continued)
Edwin Staley, c/o R. L. Winmier,. Chicago Title, Longmont, Colo. 80501
Edwin Staley, c/o Charles Davis, Box 63 Frederick, Colorado 80530
Paul Fredizzi, c/o Ronald Smallfoot, 90850gden, Thornton, Colo. 80209
Paul Fredizzi, c/o Jesus Padilla, Route 4, Box 116 H, Longmont,
Colorado 80501
Paul Fredizzi, c/o Larry Fulton, Route 4, Box 116 G, Longmont,
Colorado 80501 ·
Paul Frediz•zi, c/o Richard Fulton, Route 4, Box 116 G, Longmont,
Colorado 80501
SECTION 17, RANGE 67 W:
Jack Williams, 1669 Donna Drive, Loveland, Colorado 80537
SECTION 20, RANGE 67 W:
Bernard Teets; 1305 E. 7th Avenue, Denver, Colorado 80218.
MEMORANDUM OF AGREEMENT
ZADEL ANNEXATION
THIS AGREEMENT, Made and entered in to this
day of==-~~~-•· 1977, by and between the TOWN
OF FIRESTONE, a Municipal Corporation, hereinafter referred
to as "TOWN", and FRANKLIN C. ZADEL and HELEN M, ZADEL,
individuals, hereinafter referred to as "ZADEL",
WITNESSETH:
WHEREAS, Zadel currently has pending before the
Board of Trustees an Annexation Petition, a copy of which
is hereto attached and incorporated herein, and is the
current owner of the territory sought to be annexed and
said territory is described as follows:
That portion of the North One-Half (N 1/2) of
Section 19, Township 2 North, Range 67 West of the 6th
P .M., County of Weld, State of Colorado, 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 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 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 o.f 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, the Town has found the area to be eligible
for annexation pursuant to the MUNICIPAL ANNEXATION ACT
OF 1965, by appropriate Board of Trustee action; and
WHEREAS, the Town and Zadel desire to provide
for the necessary municipal services to the annexing area
and to determine the responsibility.for furnishing the
physical installation of facilities to service said area
in an orderly manner.
NOW, THEREFORE, in consideration of the payments,
covenants, and agreements to be paid, kept and performed
by the respective parties hereto, IT IS MUTUALLY AGREED
AS FOLLOWS:
1. That Zadel will fully and completely comply
with all provisions of the Firestone Annexation Ordinance
unless expressly modified herein.
2. Zadel agrees that the 309.37 acres of residential
zoning. herein shall be developed in phases to alleviate
an overload on the various utilities and other municipal
services. That area zoned under any residential classi-
fication shall be developed in THIRTY (30) acre phases
as follows:
a. Zadel may submit to the Board of Trustees
for its consideration preliminary plats of the annexing
territory encompassing such territory as may be compatible
with Zadel's master plan, with good planning consepts,
and the desires and needs of the Town of Firestone.
b. Zadel shall not request final plat approval
and final plat approval shall not be granted for more
than two (2) THIRTY (30) acre residential plats at any
one particular time; provided, however, that any specific
THIRTY (30) acre plat shall be considered developed after
Zadel has sold for development to independent buyer or
buyers at least FIFTY·PER CENT (50%) of the lots in the
plat. .
. c. For each THIRTY (30) acre plat that is
developed, Zadel may then apply for final plat approval
of an additional THIRTY (30) acre plat.
d. Zadel may, however, proceed to perform
grading, utility installation, and other acts tog:nerally
prepare territory for which a preliminary plat has been
approved prior to final platting. No .building construction
may begin in such areas until final plat approval and
compliance with all subdivision and building ordinances.
All such improvements are subject to Town.of Firestone
approval.
3 •. Zadel shall be solely responsible for the
cost of utility main extensions including water, sewer
and electrical and, in addition, Zadel agrees to install
mains and lines of sufficient size for anticipated future
needs, said size to be determined jointly by Zadel and
the Town's Engineer. The Town of Firestone shall be
responsible for all oversizing costs.
4. Zadel shall be solely responsible for the
-2-
cost of installing all streets, curbs, sidewalks, and
gutters and said installations shall conform to the sub-
division, zoning and building regulations of the Town
of Firestone.
5. Zadel agrees to deed to the Town sufficient
units of water acceptable to the Town to fulfill Zadel's
water requirement set forth in the Firestone Annexation
Ordinance as modified herein. Said commitment shall
be met in the following manner.
a. All water deeded to the Town shall be
Big Thompson water shares unless by express resolution
the Town agrees to accept other shares in lieu thereof.
b. · The Town shall require THREE (3) units
of Big Thompson water for each acre of commercial and/or
industrial land annexed.
c. The Town shall require ONE (1) unit of
Big Thompson water for each residential unit platted by
Zade 1.
d. The water shares shall be transferred
to the Town free and clear of any lien or obligation.
Said shares shall be transferred as a condition of final
platting for any subdivision regardless of zoning and
final'plat approval shall not be granted by the Town until
the required number of water shares for the plat have
been transferred according to the terms of this Agreement.
e. Zadel acknowledges that THREE HUNDRED
(300) shares of Big Thompson water are attached at present
time to the annexing territory and that these shares will
be used as a partial satisfaction for the water requirement
as set forth.herein.
f. Notwithstanding any provision contained
herein to the contrary, Zadel shall make no demands upon
the Town for water taps or water service that contravenes
any contractual obligation existing between the Town and
Central Weld County Water District relative to water
service to the Town by said District.
g. Reference in this Agreement to a share
of Big Thompson water means ONE (1) share of the capital
stock of Big Thompson Irrigation Company.
'.: .. , ._ :_ -· h.
shares of water
taps are not to
Zadel shall not be required to transfer
to the Town of Firestone for which water
be issued to Zadel.
6.. Zadel agrees to petition to have the annexing
area included in the Northern Colorado Water Conservancy
District or show proof that said area is included in said
District prior to completion of annexation.
7. Zadel agrees to pay all water tap fees of
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•
the Tovm of Firestone in effect at the time any particular
tap is applied for.
8. Zadel agrees to make all reasonable efforts
to include the annexing territory in the Tri-Area Sanitation
District. If the annexing territory is included in said
District, Zadel agrees to obtain, at his own cost, all
necessary sewer taps from said District, If for any
reason sewer taps are not available and the annexing territory
cannot be served by the District, or, if the annexing
territory is not included in said District, Zadel will
make no demand whatsoever for sewer service from the Town
and Zadel shall not seek to substitute any form of septic
system in lieu of normal sewer lines. Provided, however,
the Town shall agree to allow Zadel to install, at no
cost to the Town, a self-contained sewage treatment plant
for temporary service to the annexing territory if the
following conditions are met:
a. Any such plant shall meet all Town, County,
State and Federal regulations, ordinances or laws applicable
thereto.
b. That the necessary mains and lines be
installed by Zadel for eventual service by the Tri-Area
Sanitation District and that these mains and lines be
constructed to District specifications. Such mains and
lines shall have the capacity to serve all development
in the annexing area and shall be laid as if immediate
service were available by the District.
c.. Zadel agrees to connect the sewer lines
in the annexing territory to the Tri-Area Sanitation District's
facilities as soon as practical upon annexation or inclusion
in said District.
9. Zadel agrees to pay upon demand by the Town
all expenses incurred by the Town relative to annexing
the herein described property including but not limited
to all publication fees, all recording costs, all attorney's
fees, all engineering fees and all other actual expenses
of the Tovm and including attorney's fees to the prevailing
party upon action to enforce the terms of this Agreement.
No attorney's fees shall be due to the Town from Zadel
upon third party legal proceedings attacking the annexation.
10. Zadel agrees to deed to the Town SEVEN (7)
acres of land for park purposes.. Said land shall be located
south of the Tri-Area Sanitation District, the exact location
to be determined by the Town and Zadel. In addition,
Zadel agrees to deed permanent open space to the Town
in an amount equal to EIGHT PER CENT (8%) of the land
area annexed. The said EIGHT PER CENT (8%) includes the
SEVEN (7) acres heretofore referred to. The location
of the land to be dedicated shall be determined by the
mutual agreement of the parties.
11. The Town agrees to annex the territory described
-4-
·'
herein, subject to this Agreement, sa,id territory having
met all. legal .requiremerits for' annexation· upon fulfillment
· of the terms of this Agreenient. In the event the real
property herein described is not annexed by the Town or
if the Annexation Ordinance is declared invalid and of
no force and effect, then at such time, if the judgmerit
and decree of the Court declaring such Ordinance to be
invalid becomes final and unappealable, then this Agreement
shall be void and of no further force and effect, and
all parties hereto shall be discharged from any •liability
· thereunder.
12; .· This Agreement shall be binding on the parties
hereto and upon their heirs, successors in interest, and
assigns.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hands and seals the day and year first above
written.
TOWN OF FIRESTONE
By ______ ---e-~--~-----
Mayor
ATTEST:
Town Clerk
-5-
,
RESOLUTION OF THE BOARD OF TRUSTEES
OF THE TOWN OF FIRESTONE
SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS
RELATIVE TO AN ANNEXATION PROCEEDING
The Board of Trustees of the Town of Firestone does resolve
as follows:
Pursuant to a Petition for Annexation submitted to the
Board of Trustees of the Town of Firestone by Franklin c. Zadel
and.Helen M. Zadel on July 6, 1977, the Board of Trustees has
completed the hearings on said Petition and sets forth the fol-
lowing findings of fact and conclusions based on the testimony
offered, to-wit:
A. That not less than ONE-SIXTH (l/6th) of the perimeter
of the area proposed to be annexed is contiguous with the an-
nexing municipality.
B. That a community of interest exists between the area
proposed to be annexed and the annexing municipality.
C. That said area will be urbanized in the near future.
D. That said area is capable of being integrated with the
annexing municipality.
E. That no land held in identical ownership, whether con-
sisting of ONE (1) tract or ?arcel of real estate or TWO (2) or
more contiguous tracts or parcels of real estate is:
(1.) Divided into separate parts or parcels
without the written consent of the land-
owner or landowners thereof.
(2.) Comprised of TWENTY (20) acres or more
and which, together with buildings and
improvements situated thereon has an as-
sessed valuation in excess of TWO HUN-
DRED THOUSAND AND NO/100 ($200,000.00)
DOLLARS for advalorem tax purposes for
the year preceding the proposed annexa-
tion.
F. No other annexation proceedings are pending concerning
this territory and this annexation will not result in the de-
tachment of the area from any school district nor will it attach
the territory to be annexed to any other school district.
G. That an election is not required pursuant to the laws
of the State of ·colorado in order to annex the territory sub-
ject of the annexation proceeding.
H. That additional terms and conditions are not to be im-
posed upon the party seeking annexation in that the parties and
·the Town have entered into a Memorandum of Agreement relative to
the duties and responsibilities of the Town and the annexing
parties and that such Agreement was entered into voluntarily.
WHEREFORE, the Board of Trustees of the Town of Firestone
,
hereby resolve that the Mayor and Town Clerk are authorized to
take those steps necessary and appropriate in order to consum-
mate the annexation proceeding and to bring the territory de-
scribed in the Annexation Petition into the corporate limits
of the Town of Firestone.
Introduced and passed this· ,;:,
1977, by a vote of '"'-to /·
.day of ~~--
MAYOR~ U (!Ju~
Pau.l A. Hurtado .
ATTEST:
~~CJJ~ innttePaul, Town Clerk '·
-2-
RESOLUTION OF THE BOARD OF TRUSTEES
OF THE TOWN OF FIRESTONE
SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS
RELATIVE TO AN ANNEXATION PROCEEDING
The Board of Trustees of the Town of Firestone does resolve
as follows:
Pursuant to a Petition for Annexation submitted to the
Board of Trustees of the Town of Firestone by Franklin C. Zadel
and Helen M. Zadel on July 6, 1977, the Board of Trustees has
completed the hearings on said Petition and sets forth the fol-
lowing findings of fact and conclusions based on the testimony
offered, to-wit:
A. That not less than ONE-SIXTH (1/6th) of the perimeter
of the area proposed to be annexed is contiguous with the an-
nexing municipality.
B. That a community of interest exists between the area
proposed to be annexed and the annexing municipality.
C. That said area will be urbanized in the near future.
D. That said area is capable of being integrated with the
annexing municipality.
E. That no land held in identical ownership, whether con-
sisting of ONE (1) tract or parcel of real estate or TWO (2) or
more contiguous tracts or parcels of real estate is:
(1.) Divided into separate parts or parcels
without the written consent of the land-
owner or landowners thereof.
(2.) Comprised of TWENTY (20) acres or more
and which, together with buildings and
improvements situated thereon has an as-
sessed valuation in excess of TWO.HUN-
DRED THOUSAND AND NO/100 ($200,000.00)
DOLLARS for advalorem tax purposes for
the year preceding the proposed annexa-
tion.
F. No other annexation proceedings are pending concerning
this territory and this annexation will not result in the de-
tachment of the area from any school district nor will it attach
the territory to be annexed to any other school district.
G. That an election is not required pursuant to the laws
of the State of Colorado in order to annex the territory sub-
ject of the annexation proceeding.
H. That additional terms and conditions are not to be im-
posed upon the party seeking annexation in that the parties and
the Town have entered into a Memorandum of Agreement relative to
the duties and responsibilities of the Town and the annexing
parties and that such Agreement was entered into voluntarily.
WHEREFORE, the Board of Trustees of the Town of Firestone
hereby resolve that the Mayor and Town Clerk are authorized to
take those steps necessary and appropriate in order to consum-
mate the annexation proceeding and to bring the territory de-
scribed in the Annexation Petition into the corporate limits
of the Town of Firestone.
Introduced and passed this -~J."-_.day of
1977, by a vote of 0 -to / -~--
MAYOR.: (J~O ~
Paul A. Hurtado· ·
ATTEST:
'oh="-"~ {?,,,,_J_
Minn~~te Paul, Town Clerk
-2-
RESOLUTION OF THE BOARD OF TRUSTEES
OF THE TOWN OF FIRESTONE
SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS
RELATIVE TO AN ANNEXATION PROCEEDING
The Board of Trustees of the Town of Firestone does resolve
as follows:
Pursuant to a Petition for Annexation submitted to the
Board of Trustees of the Town of Firestone by Franklin C. Zadel.
and Helen M. Zadel on July 6, 1977, the Board of Trustees has
completed the hearings on said Petition and sets forth the fol-
lowing findings of fact and conclusions based on the testimony
offered, to-wit:
A. That not less than ONE-SIXTH (l/6th) of the perimeter
of the area proposed to be annexed is contiguous with the an-
nexing municipality.
B. That a community of interest exists between the area
proposed to be annexed and the annexing municipality.
C. That said area will be urbanized in the near future.
D. That said area is capable of being integrated·with the
annexing municipality.
E. That no land held in identical ownership, whether con-
sisting of ONE (1) tract or parcel of real estate.or TWO (2) or
more contiguous tracts or parcels of real estate is:
(1.) Divided into separate parts or parcels
without the written consent of the land-
owner or landowners thereof.
(2.) Comprised of TWENTY (20) acres or more
and which, together with buildings and
improvements situated thereon has an as-
sessed valuation in excess of TWO HUN-
DRED THOUSAND AND NO/100 ($200,000.00)
DOLLARS for advalorem tax purposes for
the year preceding the proposed annexa-
tion.
F. No other annexation proceedings are pending concerning
this territory and this annexation will not result in the de-
tachment of the area from any school district nor will it attach
the territory to be annexed to any other school district.
G. That an election is not required pursuant to the laws
of the State of Colorado in order to annex the territory sub-
ject of the annexation proceeding.
H. That additional terms and conditions are not to be im-
posed upon the party seeking annexation in that the parties and
the Town have entered into a Memorandum of Agreement relative to
the duties and responsibilities of the Town and the annexing
parties and that such Agreement was entered into voluntarily.
WHEREFORE, the Board of Trustees of the Town of Firestone
·.•
r /
hereby resolve that the Mayor and Town Clerk are authorized to
take those steps necessary and appropriate in order to consum-
mate the annexation proceeding and to bring the territory de-
scribed in the Annexation Petition into the corporate limits
of the Town of Firestone.
Introduced and passed this ,:1.
1977, by a vote of_£__ to /
MAYOR:
ATTEST:
2:7~,__...,._...;a;., ✓ CJ)~
Minr'iette Paul, Town Clerk
-2-
day of
Pau_l A. Hurtado
RESOLUTION OF THE BOARD OF TRUSTEES
OF THE TOWN OF FIRESTONE
DECLARING ITS INTENTION TO
INITIATE ANNEXATION PROCEEDINGS
The Board of Trustees of the Town of Firestone does resolve
as follows:
SECTION ONE
Pursuant to a Petition for Annexation submitted to the
Board of Trustees of the Town of Firestone, it is the intention
of the Board of Trustees to initiate annexation proceedings by
said Town of Firestone with regard to the following described
property located in the County of Weld, State of Colorado, to-
wit:
That portion of the North One-Half (N 1/2) of Section
19, Township 2 North, Range 67 West of the 6th P.M.,
County of Weld, State of Colorado, 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 centerlin~uf said-Sec-
tion 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.
SECTION TWO
..
Wednesday, November 2, 1977, at 7:30 o'clock p.m., has been
set as a hearing date for a hearing to be held at the Firestone
r
Town Hall, to determine :i:f'.-the proposed annexation complies with
the applicable state statutes or such parts thereof as may be
required to establish eligibility for annexation under the terms
of said annexation statutes.
SECTION THREE
A complete copy of said Petition for Annexation is on file
with the Town Clerk of the Town of Firestone and may be examined
by any interested party during regular office hours prior to
said hearing.·
SECTION FOUR
Any person living within the area proposed to be annexed,
any land owner of lands therein, any resident of the Town of
Firestone may appear at such hearing and present evidence upon
any matter to be determined by the Board of Trustees.
SECTION FIVE
· The Board of Trustees will determine on the basis of said
hearing whether or not the requirements of the applicable state
statutes have been met and whether or not an election will be
required pursuant to state statutes and whether or not addition-
al terms and conditions are to be imposed upon said annexation.
SECTION SIX
The Town Clerk is directed to publish a copy of this Reso-
lution in the Farmer and Miner newspaper once each week for
FOUR (4) consecutive weeks.
Introduced and passed September 21, 1977.
ATTEST:
Minnette Paul, Town Clerk
Published in the Farmer and Miner:
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NOTICE
OF
PUBLIC HEARING
NOTICE is hereby given of a public hearing, to be held
before the Board of Trustees of the Town of Firestone, Weld
County, Colorado, at 7:30 o'clock p.m. on the 19th day of
October, 1977, at the Firestone Town Hall for the purpose of
considering the adoption of an ordinance of the Town of Fire-
stone, Colorado, adopting by reference The Uniform Code for
the Abatement of Dangerous Buildings, 1976 edition, promulgated
by the International Conference of Building Officials; pro-
viding penalties for violations of the provisions of this
Code and this ordinance; setting forth amendments to the pub-
lished Code; providing for the repeal of certain ordinances;
providing for the ~aintenance of official copies of such
Code; providing for revisions to the Code of the Town of Fire-
stone; providing for the sale of such copies of such Code; and
providing for the effective date of the ordinance and the Code
adopted therein by reference.
The purpose of The Uniform Code for the Abatement of
Dangerous Buildings, 1976 edition, as promulgated by the
International Conference of Building Officials, 5360 South
Workman Mill Road, Whittier, California 90601, 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 stru~tures.
Copies of the above Code being considered for adoption
by reference are on file in the office of the Town Clerk and
are available for public inspection.
• r
This Notice given and published by Order of the Board
of Trustees of the Town of Firestone, Colorado.
DATED this 21st day of September, 1977, Town of Firestone,
Colorado, by Order of the Board of Trustees.
ATTEST:
Town Clerk
-2 -
NOTICE OF HEARING
NOTICE is hereby given of a public hearing before the
Board of Trustees of Firestone, Colorado, at 7:30 o'clock
p.m. on the 17th day of-August, 1977, at the Town Hall for
the purpose of considering the adoption by reference of-the
"Model Traffic Code for Colorado Municipalities," 1971'.! edi-
tion, as the traffic ordinance of the Town of Firestone,_
Colorado.
Copies of the model Code are on file at the office of
the Town Clerk and may be inspected during regular business
hours. If enacted as an ordinance of this Town, the _model
Code will not be published in full, but in accordance with
State law, copies will be kept on file and also made avail-
able for distribution and sale to the public.
The 1974 . "Model Traffic Code for Colorado Municipali-
ties," is published by the State Department of Highways,
4201 E. Arkansas Avenue, Denver, Colorado 80222. The sub--
ject matter of the Model Traffic Code relates primarily to
comprehensive traffic control regulations for th~ Town. The
purpose of the Ordinance and the Code adopted therein is to
provide a system of traffic regulations consistent with
State law and generally conforming to similar regulations
throughout the State and the nation.
At its next regular meeting following this hearing, the
Town Board will consider passage of the adopting Ordinance_.
This Notice given and published by the order of the
Board of Trustees of said Town.
Dated this 14th day of July, 1977.
TOWN OF FIRESTONE, _ COLORADO
BY ORDER OF THE BOARD OF TRUSTEES
~G?~ TownClerk_ -_
First notice of hearing:
Second· notice of nearing:
... .. . • ,JI J .• -•
\
•✓..._ Town o;( Firestone -'------· --· --~ ....,_,....,. ---·-· ---··-----·---•·-
• -,... ---.. -'·--·-
_l,.~77_ Budget
'
~" ~ • ..i .. -~.~--~----~;...,~:-----:.~ s --· ~., ........ _,. --·--·-. ---
REVENUES
·cash on· Hand i
-· -... -. .. ---. -' .. ~-·· -·· ~-..
....
• -.
,,... .. ,._ ...
l .
' I ., __ _
I . -·
•·
'
l-. ----_ _, ..... · . -...o::..:..--"-' C ·" • ..:c.:...;;~~---'-:..-.:"....:--_; ____ -~--
REVENUES
Cash on hand
Property Taxes
Franchises
. !
Bu_si,g§)_S~J,ic and .Permits · ' ..
Liqour License. _____ ....
Building Permits.
Cigarette .Tax
Fin.es
'rf:la'fis~ellfl3§liltRevenue-Shari'ng ·
Transfer from Water_ Fund ..
Miscellaneous·
Total Revenues
EXPENDITURES ----~----··•· ~.
Board of Trustees
--· ... ----•· • -~ • , ··-• -#' •••
Ordinance & PRoc.
Clerk of Council
Magistrate
Court Clerk
Supplies
Mayor
Elections
Financial Administration
Law
Recording & Reporting
Planning and Zoning --.. ..--··· .. .. -··· ~-
◄
General Government
Police Salaries
Police Training
.. -•· .. --__ ... ,_ ·•· . -....
Support Services
~ . ·-
Building Inspector
• H • ... ~ • ••
Street Lights
Sanitation
, Ambulance
. .. ---,.-..
Co!lllllinicable Disesase _Con1:i,ol
Senior Citizens
Recreation
Parks and Lawn
;
3000
4373
2600
150
160
5560
900
150
2400
22400
~o
41-77 3
540
.1500
3600
600
120
50
180
3500
2400
53
2 00_0
1100
~6_00
, JOO
.. , 1200
360
. 24_00
:8400
500
400
50
500_
1200
420
. -., .
)
V
j
' . . ' . '
'
• • • •
__ ,.. ------
::_ -=~ . ~:==:~:::-:.c:; :~~-:~~ ·"·::-: ~::7.::'.~.:=-';;.·_T~:'.-t--~-::-=~~~~~,--'"."'.· "'~-~::.c·c.. -~ ~ -~{.. • --:~:: ~ -
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. ·-· -~----··-......
I
' t . . . -• t _;_;.,...;.. _,.._._.;,,.::..::...,. ____ .;..;:.:..;.....~-.:....·,..;:.,_;..;:...,_· ...... .., .. _,..__ ... _ ... h .... _ ! \
' _, EXPENDITURES
Fixed Assets
CONT.
Transf%ttefl .Rark fems"' -· t , =pen
i
--
REVENUES
••· Cash on hand.
i • Water -Revenues . • -~· -.,.
. Tap Fees ... --· --·•··· •
~c...... l __ Property.Taxes (• l
Restricted ~ash on hand
--Al "* ---· • • •
,.
EXPENDI'l'URES
-'-"-"----'-'-
'
'
--· ...... ,,. ..•. ., ·--., -· ,a..,•·•-••~ ,,.,. ___ ., .••... ---
• I ,... ___ Cost.of.Water:-
I ,-. •-L-Tap F..ee.s .. to District----... ' .• •···
:-L_; __ .Raw .Water Shares . ··•·-·-· .....
f-·:...·-~-r1et~r Reading. . . . j
c=: ~ ~!:::·~::~~::e:•~: ~•-:-:1
•· .
~-7'"'
I ,-··.
. Su_ppl_~e_s .• and )''<;>stage
Bond ~rin~iple _ .
Pond Interest and Fees --·•· ----· . --.. -~ . . .. ~-~ ~-----. ,.
!ATER .. FUND
~-•-·
~-Ja-. Bond__ Contingency l:'und ... ______ •. 'L--
Trans fer to General.Fund l . ·1 ' ' ,_ ~· ,.,.
l
I-
t
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I.
'~--r Total r--·:-. ~ ----------,,.;,,; ,~~~-----1---
' -·•·~ ---· ----..-... ··----.. , .. •·----..
. ' ' .. ~ . ,.
.~-~;-J' ·REVENUES·,•·~--.... -·· -·-•• -· _·-_·· ·_··· 1. _ ··---1
__ .......... .·• 1 . I
}-~-.. p~;k-F:~d .. '·-. -...... ·l·-· ··-
\.-""'-· .. -+--9 ••• -• ........ •---.. •-•,-.-• •-••--•'-••••••,-•••· -• ,., .... • •--M•r·••-"-•• •
i I · ; ~~!.::.g~-~-r~:1!.~12~':1-J _T;(?,nsfe;r; ______ · __ .• _ ···-· . / t=· °C!:.':~_er __ }!'.'~ .. ~~~~ra}_ Fur_id _ .J :·l-~ . i -\ ··•--·--·-----__ cr:o_~al -····; ··---·r
,r,+· ., E~PENDiTURES.. .. -•..... ·---t
: ~:-~-__ ) c~·pt1~i~~~i~~m:E~~·-~:=--~=--~--·: --·---·t-
t ·:_,.._. j -.. -~ w ---·-·--. -•
t . I ___ ~u--•-~-·-•-·-~ ·--, · \ ._,_ -. ·--,..._ -------·--··
[~~; t _'j•~-~-• ... :.: ... -.. :---~ ._.. co._-_].·.· --~
, 800
41773
2000
52400.
120000
8817
11500
94717
24000
7QOO
2600
· 600
8000
5000
3600 ..
800
6000
7000
7717
22400
l ~~ 717
I
I
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2000
4200
6200 ·'
6200
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---·
l
I ~ J-. ·----__ ..,.__
REVENUES
Cash on hand
. ~ I .. ·-.. -.,., ---· ...
Highway Users Tax --. -· ---.. -· .,.,_ ·•· ....
Taxes Receivable'
Road and Bridge Fund . ... -·.
EXPENDITURES
Construction
Engineering
. '.. ,
I
-----HIGHWAY FUND
Maintenance and Condition
Total -
' REVENUE SHARING FUND
{. .... \
REVENU_ES'----
,,., ..... . . .
Government Allotment
"i ....
:I_.._
11 ' t-.. ~. . .
EXPENDITURES---,-
'_..,.,.
. .
' • I, Repaymei,I I ., --· --~ .. G1 n•e r LV s.1vt:'
to
I ----i. -. . ' . Gen, Fund
'"-~-:.; ., ,.
I
·-·---·-·
___ ..,..,
..
-
_____ ...
·I ' -
,
-!
.1.
i
4.
22000
2950
3000
3000
30950
10750
9000
11200
30950
2400
2400
. ---
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. '
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.,
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' ,d
NOTICE OF HEARING
NOTICE is hereby given of a public hearing before the Board
of Trustees of the Town of Firestone, Colorado, at 7:30 o'clock
P. M. of the 7th day of June 1978, at the Town Hall for the
purpose of considering the adoption by reference of the "Model
Traffic Code for Colorad_o Municipalities," 1977 edition, as the
traffic ordinance of the Town of Firestone, Colorado.
Copies of the model Code are on file at the office of the
Town Clerk and may be inspected during regular business hours.
If enacted as an ordinance of this Town, the model Code will not
be published in full, but in accordance with the State law, copies
will be kept on file and also m.ade available for distribution and
sale to the public.
The 1977 "Mod'el Traffic Code for Colorado Municipalities,"
is published by the State Department of Highways, 4201 E. Arkansas
Avenue, Denver, Colorado 80222. The subject matter of the Model
Traffic Code relates primarily to comprehensive traffic control
regulations for the Town. The purpose of the Ordinance and the
Code adopted therein is to provide a system of traffic regulations
consistent with State law and generally conforming to similar
regulations throughout the State and the Nation.
At its next regular meeting following this hearing, the Town
Board will consider passage of the adopting Ordinance.
This notice given and published by the order of the Board of
Trustees of said Town.
!:lated this 3rd day of May, 1978, TOWN OF FIRESTONE, COLORADO.BY
OEDER OF THE BOARD OF TRUSTEES.
22:::) ·~~G?~
CTown Clerk
First notice of hearing --~}'Y1'-'--"~~~r-=-'-/_/ ___________ , 19J.J7"
Second notice of hearing __ __,~t:2._=::::c::7:::~';P.-===·'.c:-::::::'.:/::'.=:17-:'.:~;#~·~:__;7::'.'.__u.---'/u:_j7.,. 19? f7
RESOLUTION OF THE BOARD OF TRUSTEES
T.OWN OF FIRESTONE
WHEREAS, traffic problems have manifested themselves in the
Town of Firestone in the form of excessive North-Sout.h through
traffic of all kinds but in particular heavy truck traffic;
and
WHEREAS, the safety of the citizens of the Town of Firestone
is threatened by the increased truck traffic and the condition
of the streets in the Town of Firestone has suffered great dam-
age because of said traffic; and
WHEREAS, Weld County has for sometime been planning to extend
County Road 13 Southward to Highway 52; and
WHEREAS, Weld County has expressed a desire to join with the
Town of Firestone in a joint governmental effort to accomplish
the extension of County Road 13; and
WHEREAS, it has been deemed necessary to condemn certain lands
within the Town of Firestone to complete the extension of County
Road 13;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE:
1. That the Mayor and the Town Clerk be authorized to
enter into an intragovernmental agreement with the Weld County
Commissioners providing for the terms of participation by the
involved governments in extending County Road 13.
2. That the Town Attorney is instructed to initiate such
condemnation proceedings as may be necessary to accomplish ful-
fillment of the intragovernmental agreement concerning the ex-
tension of County Road 13.
3. That the extension of County Road 13 is necessary for
the health, safety and welfare of the residents of the entire
Town of Firestone and will benefit the entire community.
DONE THIS J --="---IN FAVOR,
DAY OF AUGUST, 1978, BY A VOTE OF {_"d,) &-£.
0 AGAINST. ----r------'-'---
Mayor -f'.,,_,, tz..,.,
ATTEST:
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1
1
' CI
•
RESOLUTION OF THE BOARD OF TRUSTEES
TOWN OF FIRESTONE
WHEREAS, traffic problems have manifested themselves in the
Town of Firestone in the form of excessive North-So_uth through
traffic of all kinds but in particular heavy truck traffic;
and
WHEREAS, the safety of the citizens of the Town of Firestone
is threatened by the increased truck traffic and the condition
of the streets in the Town of Firestone has suffered great dam-
age because of said traffic; and
WHEREAS, Weld County has for sometime been planning to extend
·county Road 13 Southward to Highway 52; and
WHEREAS, Weld County has expressed a desire to join with the
Town of Firestone in.a joint governmental effort to accomplish
the extension of County Road 13; and
WHEREAS, it has been deemed necessary to condemn certain lands
within the Town of Firestone to complete the extension of County
Road 13;
NOW, THEREFORE, BE IT RESOLVED .BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE:
1. That the Mayor and the Town Clerk be a.uthorized to
enter into an intragovernmental agreement with the Weld County
Commissioners providing for the terms of participation by the
involved governments in extending County Road 13.
2. That the Town Attorney is instructed to initiate such
condemnation proceedings as may be necessary to accomplish ful-
fillment of the intragovernmental agreement concerning the ex-
tension of County Road 13.
3. That the extension of County Road 13 is necessary for
the health, safety and welfare of the residents of the entire
Town of Firestone and will benefit the entire community.
DONE THIS
IN FAVOR, 0
DAY OF AUGUST, 1978, BY A VOTE OF (t)?f,:
AGAINST.
Mayor
' ,-1· ,., -,,
NOTICE
\ Notice is hereby given that all persons, partnerships, cor-
· .... , P.9!.'il,j:JQ!:\$. _gr:, other_ legal entities claiming to be entitled to tap.
the water lines or water system of the Town of Pirestone for corn-
mercial, industrial, residential or other use should submit a
wr.i. tten claim to the '!'own Clerk, •rown of Firestone, on or before . ,
September 15th, 1976, if the asserted tap permit will be more
than FIVE (5) years old on September 1st, 1976. Tap permits more
than FIVE (5) years old as of September 1st, 1976, will not be
I
honored if not presented for validation by September 15th, 1976.
Proof sufficient to. verify any tap permit as aforedescribed
should be submitted with the claim and a subsequent hearing will
be held on October 6th, 1976, at 7:30 o'clock p.m. in the Town
Hall, Town of Firestone, before the Board of Trus_tees of the Town
of Firestone, to determine the validity of all-claims submitted.
Said hearing shall be open to the general public ancl testimony
and further proof of c_laims may be offered by any and all claim-
ants.
MAYOR: P•,f 1s-~v"
{"'> (.7 ,1 ;fl /;,i,-:,,.,,·a,1.r }iJ
ATTEST:
Towtj_ Clerk, Town of Firestone
·,,, t
,. ',,., ~-.' ,j
;
:j
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RESOLUTION
RE: APPROVAL OF INTER-GOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY,
COLORADO AND TOWN OF FIRESTONE, COLORADO, AND AUTHORIZATION
TO SIGN SAME.
WHEREAS, the Board of County Commissioners of Weld County,
. .
Colorado, pursuant to Colorado statute and the Weld County Hom.e
Rule Charter, is.vested with .the authority of administering the
affairs of Weld Cou11ty, Colorado, and
WHEREAS;·the County proposes to construct an extension of
the public highway known as County Road 13, said extension to
run along the western edge of the Town of Firestone, Colorado, and.
WHEREAS, an Inter-Governmental Agreement has been submitted
. between Weld County, Colorado and the Town of Firestone, Colo.rado
for the purpose of said construction, said agreement is attached
hereto and incorporated herein by reference, and
WHEREAS·, it would be in the best interests of Weld County,
Colorado to authorize the .Chairman of the Board of County
I
Commissioners of Weld County, Colorado, to execute said agreement
for and on behalf of .the County of Weld and State of Colorado;
NOW, , THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the agreement to construct
an ·extension of County Road 13 by and between Weld County, Colorado
and the Town of Firestone, Colorado, be, .and hereby is, approved.
BE IT FURTHER RESOLVED that the Chairman of the Board of
County Commissioners be, and hereby is, .authorized to sign the same.
The above and foregoing Resolution .was, on motion duly.made
and seconded, adopted by the following vote on the 26th day of
July, A.O., 1978.
ATTEST: /!7a_,Of (l,,vv\ ~{/!,()fr,~llj~
. , fl .
Weld County Clerk and Recorder
~ . . . . . .
and lerk to the Boa,,r,d :
B .· .. ' 11 ·( . i 1. ·-. y : . " . . i ·\ . . /, ' (,.:.,_
-/ 'eputy County C erk,· "'(\
APP ED AS ~OR~ '-~
:county Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Date Presented: July 31, 1978
RESOLUTION OF THE BOARD OF TRUSTEES
TOWN OF FIRESTONE
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, WELD COUNTY, COLORADO:
1. That the Town of Firestone 25 acre feet of Northern
Colorado Water Conservancy District water to satisfy the water
requirement of Franklin Zadel for the first 25 living units in
the Westwind addition to the Town of Firestone.
2. That acceptance is premised on the conditions that a
Temporary Use Permit be granted by the Northern Colorado Water
Conservancy District permitting use by the Town and that further,
eventual approval by said District of a Class B Contract for
said•water is obtained.
3. That the Mayor and Town Clerk be and are authorized
to execute the Temporary Use Permit application and such other
documents as may be necessary to accomplish the purpose and
intent of this:Res6lfition.
,I J4ne.
Approved and adopted this 1-tiv day of Mey, 1978, by the
of Trustees of the Town of Firestone.
ATTEST:
Twn Clerk
Board
RESOLUTION OF THE BOARD OF TRUSTEES
OF THE TOWN OF FI'RESTONE
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FIRESTONE, WELD COUNTY, COLORADO:
1. That the Town of Firestone except 48 acre feet
of Northern Colorado Water Conservancy District water to
satisfy the water requirement for the Globe subdivision,
Second Filing, Town of Firestone.
2. That acceptance is premised on the condition that
a Temporary Use Permit be granted by the Northern Colorado
Water Conservancy District permitting use by the Town and
that further, eventual approval by said District of a Class
B Contract for said water is obtained.
3. That the Mayor and Town Clerk be and are authorized
to execute the Temporary Use Permi.t application and such
other documents as may be necessary to accomplish the pur-
pose and intent of this Resolution.
Approved and adopted this . day of)._~~
1978, by the Board of Trustees of the Town of F\_restone.
Town of Fires.tone, By:
ATTEST:
(SEAL)
NOTICE OF PUBLIC HEARING
NOTICE is hereby given of a public hearing, to be held
before the Board of Trustees of the Town of Firestone, Weld
County, Colorado, at 7:30 o'clock p.m. on the .// day of
,, ~ µ;;fl_ · , 1979, at the Firestone Town Ha1
1
l for the pur-.
pd:: :o:sidering the adoption of an ordinance of the Town
of Firestone, Colorado, adopting by reference a Building Code
of a general and permanent nature entitled Weld County Building
Code, and which Code adopts by reference therein as secondary
codes, The Uniform Building Code, 1976 edition, promulgated by
the International Conference of Building Officials; The Uniform
Mechanical Code, 1976 edition, promulgated by the International
Association of Plumbing and Mechanical Officials and the In-
ternational Conference of Building Officials; The National
Electrical Code, 1975 edition, promulgated by The National Fire
Protection Association; The Uniform Plumbing Code, 1976 edition,
promulgated by the International Association of Plumbing and
Mechanical Officials; The Uniform Code for the Abatement of
Dangerous Buildings, 1976 edition, promulgated by the Internation-
al Conference of Building Officials; The Uniform Swimming Pool
Code, 1976 edition, promulgated by the International Association
of Plumbing and Mechanical Officials; providing penalties for
violations of the provisions of these Codes and this ordinance;
setting forth amendments to the published Codes; providing for
the repeal of certain ordinances; providing for the maintenance of
official copies of such Codes; providing for revisions to the Code
of the Town of Firestone; provicUng for the sale of such copies of
such Codes; and providing for the effective date of the ordinance
and the Codes adopted therein hy reference.
The purpose of the Weld County Building Code as promulgated
by Weld County, Colorado, is to preserve and protect the public
health, safety and general welfare and the safety, protection
j
and sanitation of dwellings, buildings and structures in the
Town of Firestone.
The purpose of The Uniform Building Code, 1976 edition,
promulgated by the International Conference of Building Officials,
5360 South Workman Mill Road, Whittier, California 90601, is to
protect the safety of the residents of the Town of Firestone by
prescribing minimum standards for buildings and other structures.
The subject matter of this Code includes regulations concerning
the erection, enlargement, construction, alteration, repair,
moving, ·removal, .conversion, demolition, occupancy., height, use,
area, maintenance and other matters relating to structures and
buildings within the Town of Firestone.
The purpose of The Uniform Mechanical Code, 1976 edition,
promulgated by the International Association of Plumbing and
Mechanical Officials and the International Conference of
Bui.lding Officials, 5360 South Workman Mill Road, Whittier,
California 90'601, is to provide complete requirements for
the installation and maintenance of heating, ventilating, cooling
and refrigeration systems for the protection of the safety,
health and sanitation of the residents of the Town of Firestone.
The purpose of The National Electrical Code, 1975 edition,
promuigated by the National Fire Protection Association, 470 Atlantic
Avenue, Boston, Massachusetts 02210, is to protect and safeguard
the health and safety of the residents of the Town of Firestone
from the hazards arising from the use of electricity and provides
for establishing standards for the inspection of electrical in-
stallations in public and private structures, including mobile
homes, and other premises such as yards, lots and industrial sub-
stations.
The purpose of The Uniform Plumbing Code, 1976 edition, as
promulgated by the International Association of Plumbing and
Mechanical Officials, 5032 Alhambra Avenue, Los Angeles,
-2-
California 90032, is tp protect the health and sanitation of
the residents of the Town of Firestone by providing minimum
standards for the erection, installation, alteration, addition,
repair, relocation, replacement, maintenance or use of any
plumbing system.
The purpose of The Uniform Code for the Abatement of
·' Dangerous Buildings, 19 76 edition, as promulgated by the In-
ternational Conference of Building Officials, 5360 South
Workman Mill Rciad, Whittier, California 90601, is to protect
the residents of the Town of Firestone from unsafe buildings
or.structures which could endanger the life, limb, health, mor-
als, property, safety or welfare of such residents. The .Code
sets standards for the repair, demolition, and vacation.of
such unsafe buildings or structures.
The purpose of The Uniform Swimming Pool Code, 1976 edition,
as promulgated by the International Association of Plumbing
and Mechanical Officials, 5360 South Wo,rkman Mill Road, Whittier,
California 90601, is to assure the safety and health of the
residents of the Town of Firestone by providing for requirements
for the construction, installation and repair of swimming pools.
Copies of the above primary and secondary Codes being
considered for adoption by reference are on file in the of-
fice of the Town Clerk and are available for public inspection.
This Notice given and published by Order of the Board of
Trustees of the Town of Firestone, Colorado.
Dated this _t,_ day of~ , 1979, Town of Firestone,
(l
Colorado, by Order of the Board of Trustees.
Mayor
ATTEST:
Towri. Clerk
-3-
•
•
NOTICE OF PUBLIC HEARING
NOTICE is hereby given of a public hearing, to be held
before the Board of Trustees of the Town of Firestone, Weld
County, Colorado, at 7:30 o'clock p.m. on the // day of (1± \ 2 , 1979, at the Firestone Town Hall for the pur-
J ;J pose of considering the adoption of an ordinance of the Town
of Firestone, Colorado, adopting by reference a Building Code
of a general and permanent nature entitled Weld County Building
Code, and which Code adopts by reference therein as se,condary
codes, The Uniform Building Code, 1976 edition, promulgated by
the International Conference of Building Officials; The Uniform
Mechanical Code, 1976 edition, promulgated by the International
Association of Plumbing and Mechanical Officials and the In-
ternational Conference of Building Officials; The National
Electrical Code, 1975 edition, promulgated by The National Fire
Protection Association; The Uniform Plumbing Code, 1976 edition,
promulgated by the International Association of Plumbing and
Mechanical Officials; The Uniform Code for the Abatement of
Dangerous Buildings-, 1976 edition, promulgated by the Internation-
al Conference of Building Officials; The Uniform Swimming Pool
Code! 1976 edition, promulgated by the International Association
of Plumbing and Mechanical Officials; providing penalties for
violations of the provisions of these Codes and this ordinance;
setting forth amendments to the published Codes; providing for
the repeal of certain ordinances; providing for the maintenance of
official copies of such Codes; providing for revisions to the Code
of the Town of Firestone; providing for the sale of such copies of
such Codes; and providing for the effective date of the ordinance
and the Codes adopted therein by reference.
The purpose of the Weld County Building Code as promulgated
by Weld County, Colorado, is to preserve and protect the public
health, safety and general welfare and the safety, protection
and sanitation of dwellings, buildings and structures in the
Town of Firestone.
The purpose of The Uniform Building Code, 1976 edition,
promulgated by the International Conference of Building Officials,
5360 South Workman Mill Road, Whittier, California 90601, is to
protect the safety of the residents of the Town of Firestone by
prescribing minimum standards for.buildings and other structures.
The subject matter of this Code includes regulations concerning
the erection, enlargement, construction, alteration, repair,
moving, removal, conversion, demolition, occupancy, height, use,
area, maintenance and other matters r.elating to structures and
buildings within the Town of Firestone.
The purpose of The Uniform Mechanical Code, 1976 edition,
promulgated by the International Association of Plumbing and
Mechanical Officials and the International Conference of
Building Officials, 5360 South Workman Mill Road, Whittier,
California 90601, is to provide complete requirements for
the installation and maintenance of heating, ventilating, cooling
and refrigeration systems for the protection of the safety,
health and sanitation of the residents of the Town of Firestone.
The purpose of The National Electrical Code, 1975 edition,
promulgated by the National Fire Protection Association, 470 Atlantic
Avenue, Boston, Massachusetts 02210, is to protect and safeguard
the health and safety of the residents of the Town of Firestone
from the hazards arising from the use of electricity and provides
for establishing standards for the inspection of electrical in-
stallations in public and private structures, including mobile
homes, and other premises such as yards, lots and industrial sub-
stations.
The purpose of The Uniform Plumbing Code, 1976 edition, as
promulgated by the International Association of Plumbing and
Mechanical Officials, 5032 Alhambra Avenue, Los Angeles,
-2-
•
California 90032, is to protect the health and sanitation of
the residents of the Town of Firestone by providing minimum
standards for the erection, installation, alteration, addition,
repair, relocation, replacement, maintenance or use of any
plumbing system.
The purpose of The Uniform Code for the Abatement of
Dangerous Buildings, 1976 edition, as promulgated by the In-
ternational Conference of Building Officials, 5360 South
Workman Mill Road, Whittier, California 90601, is to protect
the residents of the Town of Firestone from unsafe buildings
or structures which could endanger the life, limb, health, mor-
als, property, safety or welfare of such residents. The Code
sets standards for the repair, demolition, and vacation of
such unsafe buildings or structures.
The purpose of The Uniform Swimming Pool Code, 1976 edition,
as promulgated by the International Association of Plumbing
and Mechanical Officials, 5360 South Workman Mill Road, Whittier,
California 90601, is to assure the safety and health of the
residents of the Town of Firestone by providing for requirements
for the construction, installation and repair of swimming pools.
Copies of the above primary and secondary Codes being
considered for adoption by reference are on file in the of-
fice of the Town Clerk and are available for public inspection·.
This Notice given and published by Order of the Board of
Trustees of the Town of Firestone, Colorado.
ATTEST:
-3-
APPLICATION TO
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
FOR CANCELLATION OF TEMPORARY USE PERMIT
' The Town of Fi res tone hereby applies for the cancellation of the fol lowing
Temporary Use Permit:
Permit or· Renewa r Dated Acre-Feet
Renewal -March 9, 1979 103
Total Quantity to be Released 103
Dated at c:Y~ , Co.lorado, this
ATTEST:
. ORDER ON APPLICATION
Application having been made by the Town of Firestone for the cancellation
of the above Temporary Use Permit, and Hearing having been held by the Board of
Directors of Nort~ern Colorado Water Conse'rvancy District, it is hereby ORDERED
that the above Temporary Use Permit b.e cancel led.
Da):ed the -~--'-G_...,J.,.6_.,th.,_ _____ day. of
NORTHERN COLORADO ~/ATER CONSERVANCY DISTRICT
Pres i da'.?t ..
ATTEST:
ORDINANCE NO. I 7 6
AN ORDINANCE RELATIVE TO WRITE-IN VOTES FOR MUNICIPAL OFFICES IN
Tl-IE TOWN OF FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD.COUNTY, COLORADO:
Section 1. Part VI of Chapter 1 of the Code of the Town of
Firestone is hereby amended by the addition of the following
provisions:
1-44. Write-in Votes. No write-in vote cast in any
Firestone Municipal election for a candidate for any Municipal
Office shall be counted unless an affidavit of intent has been
filed with the Town Clerk.by the person whose name is written
in prior to five days before the day of election indicating
that such person desires the office and is qualified to assume
the duties of that office if elected. ·
Section 2. Repeal of Conflicting Provisions. 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 super-
seded and repealed.
Section 3. 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 unconstitutional or invalid matter
had not been included therein. It is further declared that if any
provision or part thereof of this Ordinance, 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 affected thereby.
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 after passage and final
publication.
Approved, adopted, and ordered publ¼shed by the,..Jl~oa of Trustees
of the Town of Firestone on this c)..:J day of -'-'.l:.~-=="-'==CL--+---'
1982. /°)
,.,---l/r:.......:::.CUL{J:::::=---=--a.--_. (Ju"-"'. -"""'..·~~=1/-'
Mayor
ATTEST:
~~4d~~ Town Clerk
ORDINANCE NO. ~
AN ORDINANCE RELATIVE TO WRITE-IN VOTES FOR MUNICIPAL OFFICES IN
THE TOWN OF FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO:
Section 1. Part VI of Chapter 1 of the Code of the Town of
Firestone is hereby amended by the addition of the following
provisions:
1-44. Write-in Votes. No write-in vote cast in any
Firestone Municipal election for a candidate for any Municipal
Office shall be counted unless an affidavit of intent has been
filed with the Town Clerk by the person whose name is written
in prior to five days before the day of election indicating
that such person desires the office and is qu·a•lified to assume
the duties of that office if elected.
Section 2. Repeal of Conflicting Provisions. All Ordinances,
resolutions and motions of the Board of Trustees of the Town of
Firestone or parts thereof in conflict with th~ provisions of
this Ordinance, are to the extent of such conflict hereby super-
seded and repealed.
Section 3. 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 unconstitutional or invalid matter
had not been included therein. It is further declared that if any
provision or part thereof of this Ordinance, 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 affected thereby.
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 after passage and final
publication.
Approved, adopted, and ordered published by the
of the Town of Firestone on this J;),3 day of
1982.
ATTEST:
~~~~~
Town Clerk
ORDINANCE NO. / 7 7
AN ORDINANCE CONCERNING THE POWERS OF THE MAYOR OF THE TOWN OF
FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE:
Section 1. Part VI of Chapter 1 of the Code of the Town of
Firestone is hereby amended by the addition of the following
provisions:
1-42. Voting Powers. The Mayor of the Town of Firestone
shall not be entitled to vote on any matter that comes before
the Board of Trustees, except in the case of a tie vote.
1-43. Disapproval by Mayor. Any Ordinance adopted by
the Board of Trustees and all resolutions of the Board
authorizing the expenditure of money or the entering into of
a contract shall be subject to disapproval by the Mayor as
provided by State law.
Section 2.
effective upon
next following
Effective Date.
the election of
the adoption of
This Ordinance shall become
the Mayor of the Town of Firestone
this Ordinance.
Section 3. Repeal of Conflicting Provisions. All Ordinances,
resolutions and motions of the Board of Trustees of the Town of
Firestone or parts thereof in conflict with the provisions of this
Ordinance, are to the extent of such conflict hereby superseded ·
and repealed.
Section 4. 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 unconstitutional or invalid matter
had not been included therein. It is further declared that if
any provision or part thereof of this Ordinance, 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 affected thereby.
Approved, adopted and ordered published by t£~f Trustees
of the Town of Firestone on the ~ day oA'-#-)' ,
1982.
.Mayor
ATTEST:
=Z«h/~ Town Clerk
ORDINANCE NO. L1!L_
AN ORDINANCE CONCERNING THE POWERS OF THE MAYOR OF THE TOWN OF
FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE:
Section 1. Part VI of Chapter 1 of the Code of the Town of
Firestone is hereby amended by the addition of the following
provisions:
1-42. Voting .Powers. The Mayor of the Town of Firestone
shall not be entitled to vote on any matter that comes before
the Board of Trustees, except in the case of a tie vote.
1-43. Disapproval by Mayor. Any Ordinance adopted by
the Board of Trustees and all resolutions of the Board
autho:.izing the expenditure of money or the entering into of
a contract shall be subject to disapproval by the Mayor as
provided by State law.
Section 2.
effective upon
next following
Effective Date.
the election of
the adoption of
This Ordinance shall become
the Mayor of the Town of Firestone
this Ordinance.
Section 3. Repeal of Conflicting Provisidns. All Ordinances,
resolutions and motions of the Board of Trustees of the Town of
Firestone or parts thereof in conflict with the provisions of this
Ordinance, are to the extent of such conflict hereby superseded
and repealed.
Section 4. 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 unconstitutional or invalid matter
had not been included therein. It is further declared that if
any provision or part thereof of this Ordinance, 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 affected thereby.
Approved, adopte~ and ordered published by the B~es
of the Town of Firestone on the d 3 day of 9 ,
1982.
Mayor .
. ATTEST:
~~~
Town Clerk
ORulNANCE ;,o. /7£
AN ORDINANCE REPEALING ANO RE-E,,JAC'i'ING CliAP'rER 9 OF 'l'HE CODE
OF 'l'JIE TOW,,J OF F IRES'l'ONE PER'I'AINING ·ro GCNERAL OFFENSES.
BE IT ORDAINED BY THE BOARD OF TRUS'I'EES OF THE TOWN OF FIRE-
STONE, WELD COUNTY, COLORADO:
Section 1. Chapter 9 of the Code of the Town of Firestone
is hereby repealed in its entirety and re-enacted to read as
follows:
'
Parts:
PART I
PAR'l' II
PAR'I' Ill
PART IV
PART V
PAR'I' VI
PAR'I' VII
Chapter 9
GLl,ERAL OfF!::01S8S
General Provisions
Offenses Against Property
Offenses Against .'l'he Person
Offenses Against Public Peace,
Offenses Against Government
Order and
Offenses Involving Firearms and Weapons
Offenses Relating to Minors
PART VIII Miscellaneous Offenses
PART I
GENERAL PROVISIONS
Decency
9-1.l Short Title. This Chapter shall be known and cited
as the Firestone misdemeanor and petty offenses code.
9-1. 2 Scope. The matters contained in this Chapter are
declared to be of local concern. Offenses of a felonius nature
or that have been deemed of statewide concern are specifically
excluded. The provisions of this Chapter are intended to define
general offenses and provide penalties for violations of such
offenses.
9-1.3 Offenses Defined. The term "offense," for purposes
of this Code shall mean .a violation of, or conduct defined by,
a provision of this Code for which a fine, imprisonment, or
both a fine and imprisonment may be imposed.
9-1.4 Misdemeanor and Petty1 Offense Defined. For purposes
of this Code, the term "misdemeanor" shall include those
offenses for which imprisonment may be imposed upon conviction
of a violation. The term ''petty offense" shall include those
of fcnses for which a fine only may L>e imp.osc,d upon conviction
of a Violation.
9-1.5 Penalty Upon Conviction of a Violation. •rhe viola-
tion of any provision of this Chapter shall be an offense
either a misdemeanor or petty offense as specified, and upon
conviction shall be punishable as follo~s:
A. Misdemeanor -by a fine not to exceed THREE HUNDRED
AND NO/100 ($300.00) DOLLARS or by imprisonment not
to exceed t-.INE'l'Y (90) D/\YS in jail or by both such
fine and impri~onment; '
B. Petty Offense -by a fine only not to exceed 'l'liREE
HUNDRED AIJD NO/100 ($300.00) DOLLARS.
PAH'l' 11
Ol'l'L~SES AG/\INS'r l'HOPLR'l'Y
9-2 .1 'l'respass. A person commits. the offense of trespass
if he unliiwfully enters or remains in or upon a premises.
Trespass shall be classified a misdemeanor. "Premises" shall
mean, for purposes of this Section, real property, buildings,
and other improvements thereon. "Unlawfully enters or remains"
means that situation where a person enters or remains upon a
premises when that person is not .licensed, invited or otherwise
privileged to do so. Regardless of intent, a person who enters
or remains upon a premises which are at the time open to the
public does so with license or privilege unless. that person
defies a lawful order not to enter or remain on the premises
communicated to him by the owner of the premises, an authorized
agent of the owner, or some other authorized person •. A license
or privilege to enter or remain on a premises which is only
partially open to the public is not a license or privilege to
enter or remain in that part of the premises which is not open
to the public. A. person who enters or remains upon unimproved
land that is neither fenced nor otherwise enclosed does so with
privilege and license unless notice against trespass is personally
communicated to him by ,the owner of the land, an authorized
agent of the owner, or some other authorized person, or unless
notice forbidding entry is given by posting with signs at intervals
as prescribed by State law, or if there is no legal requirement
every 200 yards or, if there is a readily identifiable entrance
to the premises, by posting signs forbidding entry at such
entrance or entrances.
9-2.2 Defacing Property. Any person who destroys, defaces,
removes or damages any public or private property or who aids
in, or permits such destruction, defacing, removal or damage
without the consent of the owner commits a misdemeanor offense.
9-2.3
A.
B.
Littering.
Any person who deposits, throws, or leaves, or who
permits any domestic animal owned or und,~: his oi;-her
care or control to deposit or leave any litter. on·any
public or private property or,.in·any waters commits
the petty offense of littering,. • · : ·. ··
It shall be an affirmative,defense .that:
1. Such property is an area designated by law for the
1. '1'ile motor vehicle has been left for more than
sc,ven days trni.lllc,nded and unmoved, or
2. License plates or other identifyi11g marks have
been removed from the motor vehicle, or
3. The motor vehicle has been damaged or is
dctciiorated so extensively that it has value only
for junk or salvage; or
4. The owner has been notified by a law enforcement
agency to remove the motor vehicle, and it has not
been removed within three days after notification.
D. Abandonment of a motor vehicle is a petty offense.
9-2.7 Wrecked, Non-operating Vehicles on Private Property.
No person in charge or control of any real property within the
Town whether as owner, ·tenant, occupant, lessee,·or otherwise,
shall allow any partially dismantled, or non-operating, or wrecked,
or junked, or discarded vehicle to remain on such property for a
time period exceeding ten (10) days. Such a condition is deemed
a nuiscance by the Board of Trustees and any person violating
this Section shall be guilty of a petty offense. It shall be a
defense to the offense described in this Section that: the vehicle
described is stored w~thin an enclosed building; the vehicle is
stored on the premises of a business enterprise operating in a
lawful place and manner and whose business is partially or
entirely dependent on wrecked, non-operating, junked or discarded
vehicles; the vehicle described is in an appropriate storage area
maintained by the Town or private individual in compliance with
all applicable law.
PAR'!' I I I
OFFENSES AGA I NS'!' 'l'lll:: PERSON
9-3.l Assault. A person commits the offense of assault if
he knowingly or recklessly causes bodily injury to another per-
son. Assault is a misdemeanor.
' 9-3.2 Menacing. A person commits the offense of.menacing if,
by any threat or physical action, he knowingly,pl,aces or·atternpts
to place' another person in fear of inuninerit bodily injury.
Menacing is a misdemeanor. ,
. . '
9-3.3 Intimidation. A persori commits the offense of intimida-
tion if, without legal authority, that person threaten!;! to ·confine,
restrain or cause bodily harm to another or to damage the ·property
or reputation of another with the intent the_reby to induce the ·
threatened person or another to do an act or ._to .. refra.in froin doing_,
a lawful act against their will. • .. -.~ • · · 1
. · .. ·•·::,.• ·,._ ·. ,;• ': :'·.
9-3.4 Endangerment. A person commits the offense qt;': en'dange·r-
ment if that person recklessly engages .in conduct ,wh';ich creats .a···
substantial risk of bodily injury to another per.son: •· .Endangerment,
is a misdemeanor. ' '.I.
9-3. 5 Definition of Bodily Injury. Fo.r purposes of Chapter 9
of the Code of the Town of Firestone, "bodily injury" shall mean
physical pain, illness or impairment of physical or mental con-
dition.
. '
·! .. : ·'• '·'·
"""
' '
l '
', I ..
PAR'l' IV
OFFENSES AGAINST PUBLIC PEACE, ORDER AND DBCENCY
9-4.1 Disorderly Conduct.
A. A person commits disorderly conduct .iLhe. intentional-
ly, knowingly, or recklessly: •
1. Makes a coarse
gesture, or display
gesture, or display
of the peace; or .
and obviously offensive utterance,
in a public plpi:;e and the-utterance,
.tends to inc,ite a)'I .inun~d.iate.•·breach .. :,, ...
' .
2. Abuses or threatens a person .in, a _public. place in.
an obviously offensive manner: or
3. Makes unreasonable noise in,,a public plap~.or.near-
a private residence that.he has.no right-to occ1.1py; or
4; Fights with another in a public place except in an
amateur or professional contest of athletic sk{ll; or
5. Not bein.g a peace officer, discharges·a firearm in a·
public place except when engaged in lawful targ~t practice
or ~unting; or ' ·
6. Not being a peace officer, displays a deadly weapon
in a public place in a manner calculated to alarm.
B. It is an affirmative defense to prosecution under sub-
section A of this Section that the actor had significant
provocation for his abusive or threatening conduct.
c. The offense of disorderly conduct is a misdemeanor.
9-4.2 Disrupting Lawful Assembly. A person commits disrupting
a lawful assembly if, intending to prevent or disrupt any lawrul
meeting, procession, or gathering, that person significantly -ob-
. structs or interferes with the meeting, procession,. or ~a~hering
by physical action, verbal utterance,. or ·any other means: Dis-
rupting a lawful assembly is a misdemeanor-.
9-4.3 Riot.· Any person who engages in~ public disturbance
involving an assemblage of five or more persons which, ,by
tumultuous and violent conduct, creates grave <.'I.anger of damage
or injury to property or persons, or substantially obstructs.
. I I,•
.. -..
•
the performance of any·governmental function, commits the crime
of riot. Uiot is a n1isdemeanor.
9-4.4
A.
D.
. 9-4. 5
A.
B.
Harassment.
A person commits the offense of harassment if, with
intent to harass:, annoy, or alarm another person, he:
1. Strikes, shoves, kicks, or otherwise touches a
person or subjects him to physical contact; or
2. In a public·place directs obscene language·or
makes obscene gesture to or at another person ·.and· the
obscene language or obscene gesture tends .to ,incite
an immediate breach -Of the peace; or ·
3. Follows a person in or about a public place; or.
(4) Engages in conduct or repeatedly commits acts
~at alarm or seriously annoy another .person and that
serve· no legitimate purpose. . .
"
Harassment is· a inisdemeanor :•
Loitering .
' The word "loiter" means to 'be dilatory, to stand idly
around, to linger, delay, or wander about,. or to remain,
abide, or tarry in a public place.
A person commits petty offense if he:
1. Loiters for the purpose of begging; or
2. Loiters for-the purpose of unlawful gambling with
cards, dice, or other gambling paraphernalia; or
3. Loiters for the purpose of engaging or soliciting
another person to engage in prostitution .o~ d_eviate
. secual intercourse; or
!
4. Loiters in or about a schooi'tiuilding.9r grounds',
not having any reason or relationsh,ip• inyolvihgcustody
of, or responsibility for, a pupil or any. other·specific,
legitimate reason for being there, and not having
written permission from a school administrator; or
5. Loiters with one or more persons for the purpose
of unl<lwfully using or possessing a narcotic pr
dc1ngerous c.Jruy.
C. lt shall be an affirmative defense that the defendant's
acts were lawful and he was exercising his rights of
lawful assembly as a part of peaceful and orderly petition
for the redress of grievances, either in the course of
labor disputes or otherwise.
9-4.6 Fighting by Agreement. It two or more persons shall
fight by agreement in a public place,• except in a sporting event
authorized by law, the persons so fighting commit a misdemeanor.
Pl\ l{'J' V
OFFENSLS l\Gl\lNST GOVCRNMENT
9-5.1 Definitions.
A. ''Police Officer'' as used in this Code means a police
officer in uniform or, if out of uniform, one who has
identified himself by exl1ibiting his credentials as
such police officer.
B. "Government" includes any branch, subdivision, institution,
or agency of the government of this State or any political
subdivision within it.
C. ''Gov~rnmental Function" includes any activity which a
public servant is legally authorized to undertake on
behalf of a government.
D. "Public Servant" means any officer or employee of govern-
. ment, whether elected or appointed, and any person
participating as an advisor, or consultant, engaged in
the service of process, or otherwise performing a govern-
mental functi._on, but the term does not include witnesses.
9-5.2 Obstructing Government Operations.
A. A person commits obstructing government operations if he
intentionally obstructs, impairs, or hinders the per-
formance of a governmental function by a public servant,
by using or threatening to use violence, force, or
physical interference or obstacle.
B, It shall be an affirmative defense that:
1. The obstruction, impairment, or hindrance was of
unlawful action by a public servant; or
2. The obstruction, impairment, or hindrance was of
the making of an.arrest; or
3. The obsturction, impairment, or hindrance of a
governmental function was by lawful activities in con-
nection with a labor dispute_with the government.
c. obstructing government operations is a misdemeanor.
9-5.3
9-5.4
I\ •
B.
C.
A.
Resisting Arrest.
/I person commits resisting arrest if he knowingly
prevents or attempts to prevent a police officer,
acting .under color of his official authority, from
effecting an arrest of the actor or another, by:
1. Using or threatening to use physical force or
violence against the police officer or another; or
2. Using any other means which creates a substantial
risk of causing physical injury to the police officer
or another.
It is no defense to a prosecution under this Section
that the police officer was attempting to make an
arrest which in fact was unlawful, if he was acting
under color of his official authority, and in attempt-
ing to make the arrest he was not resorting to un-
reasonable or excessive force giving rise to the right
of self-defense. A police officer acts "under color
of his official authority" when, in the regular course
of assigned duties, he is called upon to make, and does
make, a judgment in good faith based upon surrounding
facts and circumstances that an arrest should be made
by him. ,
Resisting arrest is a misdemeanor.
Obstructing a Police Officer or Fireman.
A person commits obstructing a police officer or fireman
when, by using or threatening to use violence, force,
or physical interference, or.obstacle, he knowingly
obstructs, impairs, or hinders the enforcement of the
penal law or the preservation of the peace by a police
officer, acting under color of his official authority,
or knowingly obstructs, impairs, or hinders the prevention,
control, or abatement of fire by a fireman, acting under
color of his official authority.
B. It is no defense to a prosecution under this Section that
the police officer was acting in an illegal manner, if
he was acting under color of his official authority as
defined in this Code.
c. This Section does not apply to obstruction, impairment,
or hindrance of the making of an arrest.
D. Obstructing a police officer or fireman is a mis-
demeanor.
9-5.5 Refusing to Aid a Police Of~icer. A person, eighteen.
years of age or older, commits the offense of refusing to aid
a police officer if, upon command by a person known to him to be
a police officer, he unreasonably refuses or fails to aid the
police officer in effecting or securing an arrest, or preventing
the commission by another of any offense.
9:-5.6
A.
False Reporting to Authorities.
A person commits false reporting to authorities, if: -
1. lie knowingly causes a false alarm of fire or
other emergency to be transmitted to or within an official
or volunteer fire department, ambulance service, or any
other governmental agency which deals with emergencies
involving danger to life or property; or
2. He makes a report or knowingly causes the trans-
mission of a report to law enforcement authorities of a
crime or other incident within their official concern
when he knows that it did not occur; or
3. Ile makes a report or knowingly causes the trans-
mission of a report to law·enforcement authorities
pretending to furnish information relating to an offense
or'other incident within their official concern when he
knows that he has no such information or knows that the
information is false.
B. False reporti~g to authorities is a misdemeanor.
9-5.7 Impersonating a Police Officer. Any person who falsely
pretends to be a police officer of the city and performs an act
in that pretended capacity commits impersonating a police officer.
Impersonating a police officer is a misdeme_anor •.
9-5.8 Impersonating a Public Servant. A person commits
impersonating a public servant if he falsely pretends to be a
public servant of the city other than a police officer and per-
forms any act in that pretended capacity; Impersonating a public
servant is a misdemeanor.
9-5.9 Escape. It shall be a misdemeanor for any person,
while being in custody of the Firestone Marshall or Deputy o~
· confined, in the Town jail and charged with, held for or convicted
of any misdemeanor set forth in this Code or other ordinances of
the Town, to knowingly escape or attempt to escape from such
custody or confinement.
9-5.10 Aiding, Abetting or Assisting Escape. Any person who
knowingly aids, abets or assists another person to escape who is
in custody of the Firestone Marshall or Deputy or confined in
the Town jail and charged with, held for or convicted of any
misdemeanor set forth in this Code or other ordinances of the
Town shall be guilty of a misdemeanor under this Section.
9-5.11 Failure to Appear in Municipal Court. If a person 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 misdemeanor.
9-5.12 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 misdemeanor.
'
l'/\H'J' V l I
OFF!~I,SES HELA'l'ING ·ro MINORS
9-7.1 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 o'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
care and cootody of the mi~or.
Violating curfew is a petty offense.
9-7.2 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 yeard, or any other public area subsequent to
the hour of 9:00 o'clock p.m. from September 1 through May 31,
and the hour of 10:00 o'clock p.m. from June 1 through August 31,.
or prior to the hour of 5:00 o'clock a.m. of the following <lay;
provided, however, the provisions of this Section shall not apply
to ·those instances excepted in Section 9-7 .1. Violation of
parental responsibility is a petty offense.
9-8.1
A.
PART Vlll
MISCCLLANEOUS OFFENSES
Obstructing lliqhway or Other Pilssageway.
An individual or corporation com11i,. s an offense if
without legal privileg~ he intenti6nally, knowingly,
or recklessly:
1. Obstructs a highway, street,·sidewalk, railway,
waterway, building entrance, elevator, aisle, stair-
way, or hallway to which the public or a substantial
group of the public has access or any other place used
for the passage of persons, vehicles, or conveyances,
whether the obstruction arises from his acts alone or
from his acts and the acts of others; or
2. Disobeys a reasonable request or order to move
issued by a person he knows to be a police officer, a
fireman, or a person with authority to control the use
of the premises, to prevent obstruction of a highway
or passageway or to maintain public safety by dispersing
those gather~d in dangerous proximity to a fire, riot,
or other hazard. •
B. For purposes of this Section "obstruct" mearis to render
impassable or to render passage unreasonably incon-
venient or hazardous.
C. An offense under this Section is a misdemeanor.
9-8. 2 Abandoned Refrigerators and Other Containers. It shall
be unlawful for any person to store, keep, or junk any icebox,
refrigerator, deep freeze, or other container having an air tight
compartment, without first removing the door or doors therefrom
except any such container when it is in active use or when it is
stored or kept for sale by any person engaged in the business of
selling the same; and except any such container which is too small
in area to permit a child to become locked therein. An offense
under this Section is a misdemeanor.
9-8.3 Cruelty to An'imals. A person commits cruelty to
animals if, except as authorized by law, he overdrives, over-
loads,· overworks, tortures, torments, deprives of recessary sub-·
sistence, unnecessarily or cruelly beats, needlessly mutilates,
needlessly kills, carries in or upon any vehicle in a cruel
manner, or otherwise mistreats or neglects any animal, or
causes or procures to be done, or, having the charge and
custody of any animal, £ails to provide it with proper food,
drink or protection from the weather, or abandons it. Cruelty
to animals is a misdemeanor.
'
.,
Section 2. All Ordinances, Resolutions, and Motions of
the Board of 'I'rustees of the 'l'own of F'irestone 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 Ordin-
ance would have been adopted even if such unconstitutional
or invalid matter had not been included therein. It is
further declared that if any ~revision or part of this
section, or the application thereof to any person, or cir-
cumstances, 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
health, safety, convenience, and general welfare, and it is
enacted for that purpose and shall be in full force and
effect after passage and final publication.
' . Approved, adopted, and ordered published by the Board of
Trustees of the Town of Firestone on the
/11,1b; b , 1902.
,.· · day of
ATTES'I':
• •
WARNING:
IT IS AGAINST THE LAW:
FOR ANYONE TO SIGN ANY INITIATIVE OR REFERENDUM PETITION WITH ANY. NAME
OTHER THAN HIS OR HER OWN OR TO KNOWINGLY SIGN HIS OR HER NAME MORE
THAN ONCE FOR THE SAME MEASURE OR TO KNOWINGLY SIGN SUCH PETITION WHEN
NOT A REGISTERED EIECTOR,
DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR,
TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF COLORADO AND
REGISTERED TO VOTE,
DO NOT SIGN· THIS PETITION UNLESS YOU HA VE READ OR HAD READ TO YOU
THE PROPOSED INITIATIVE OR REFERRED MEASURE IN ITS ENTIRETY AND UNDER-
STAND ITS MEANING.
I We, the undersigned registered electors of the Town of Firestone
•
in the County of Weld, State of Colorado, being at least eighteen ,
years of age, citizens of the United States, residents of the State of
Colorado for at least 32 days, and residents of the said Town of -
Firestone for at least 32 days, do protest the passage of Ordinance No,
179, a true and complete copy of which is attached hereto and incorporated
by reference, by the legislative body of the said Town of Firestone, and
petition the legislative body of the said Town of Firestone to repeal the
said Ordinance or, in the event same is not repealed, to submit said
Ordinance to a vote of the registered electors of said Town of Firestone
in the next.regular municipal election not held within 60 days after
this petition is filed or at a special election to be called by the
legislative body, ·
• Representatives of the signers of this Referendum Petition are the
three individuals designated by name and address directly below:
Susie M, Bastian 142 Jackson Avenue
Firestone, Colorado 80520
Gene J , Rohde 154 Jackson Avenue
Firestone, Colorado 80520
Ronald J, Morrison 238 Buchanan Avenue
Firestone, Colorado· 80520
(Page One)
_,.' C
;'. '
WARNING:
IT IS AGAINST.THE LAW:
' .
FOR ANYONE TO SIGN ANY INITIATIVE OR REFERENDUM PETITION WITH ANY NAME
OTHER THAN HIS OR HER OWN OR TO KNOWINGLY SIGN HIS OR HER NAME MORE
THAN ONCE FOR THE SAME MEASURE OR TO ,_KNOWINGLY SIGN SUCH PETITION WHEN
NOT A REGISTERED ELECTOR,
DO NOT SIGN.THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR,
TO BE A REGISTERED ELECTOR, YOU MUST 1 BE A CITIZEN OF COLORADO AND
REGISTERED TO VOTE. · 1
DO NOT SIGN THIS PETITION UNLESS YOU HAVE READ OR HAD READ TO YOU
THE PROPOSED INITIATIVE OR REFERRED MEASURE IN ITS ENTIRETY AND UNDER-
STAND ITS MEANING, ," .
. .
SIGNERS OF REFERENDUM PETITION
8, _j,,~!4;'.~'--l.'.!.2-...&:~~:::!L_~"!/3c, )/?J..,
9, i·J0 -S;i.
jPage Two)
4J(, [},",:ck [;,,., I: n,;,
'7')? ~ &;-up ..
> ,.,I\.~, (?,z, >'4'.'2-,2 0
12171<bu abr. lu,J_,
i:Jtif~&,-l<,: I'. (~ e, .
. I
"
)
WARNING:
IT IS AGAINST. THE LAW:
F\OR ANYONE TO SIGN ANY INITIATIVE OR REFERENDUM PETITION WITH ANY NAME
OTHER THAN HIS OR HER OW~ OR TO KNOWINGLY SIGN HIS OR HER NAME MORE THAN
ONCE FOR THE SAME MEASURE OR TO KNOWINGLY SIGN SUCH PETITION WHEN NOT A
REGISTERED ELECTOR,
DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR,
TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF COLORADO AND , "
REGISTERED TO VOTE,
DO NOT SIGN THIS PETITION UNLESS YOU HAVE READ OR HAD READ TO YOU
THE PROPOSED INITIATIVE OR REFERRED MEASURE IN ITS ENTIRETY AND UNDER-
STAND ITS MEANING,
Name
il 14, f_J,,.
., ,1· Date
_,,,. ~5 ,:y,J
~ 1 , ••'· ),~1
J: ; /(liJ4 t · :1 ,}/21;>414c1(!J·1 fi' .. "'-' (
16 • ~ r, , I "'\. -/"\~,-. -:?.//·✓,
--<.&},K _._. \/--.....k~ ,·· ·;,<-'
17 . .,_' .. ('~ , . , J's -3/?io '---:· .. ;;:r .
18 . .L.../-~"'-=--""-"=~==--
19, ./-l.!,~;)L..--,5.~p~~=-----.::,,c...2.k'
(Page Three)
Address
! J. ,~-%~!Sh
;..zr,t..«:~,,,-1t:9:z,. '€ c)
WARNING:
IT IS AGAINST THE LAW:
FOR ANYONE TO SIGN ANY INITIATIVE OR REFERENDUM PETITION WITH ANY NAME
OTHER THAN HIS OR HER OWN OR TO KNOWINGLY SIGN HIS OR HER NAME MORE
THAN ONCE FOR THE SAME MEASURE OR TO KNOWINGLY SIGN ·sucH PETITION WHEN
NOT A REGISTERED ELECTOR,
DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR,
TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF COLORADO AND
REGISTERED TO VOTE,
DO NOT SIGN THIS PETITION UNLESS .YOU HAVE READ OR HAD READ TO
~OU THE PROPOSED INITIATIVE OR REFERRED MEASURE IN ITS ENTIRETY AND
UNDERSTAND ITS MEANING,
Address
(Page 4)
••
ORDINANCE NO, 179
AN ORDINANCE PERTAINING TO AND,REGULATING WATER CONNECTION, CAPITAL
INVESTMENT AND REPAIR, AND REQUIRED WATER METER SIZING, AMENDING
SECTION 11, OF CHAPTER 13 OF THE CODE OF THE TOWN OF FIRESTONE AND
PERTAINING TO AND REGULATING ANNEXATIONS TO-THE TOWN OF FIRESTONE,
AMENDING SECTION 71, 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:
Section 1. 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 capf-tal investment and
connection charge, payable upon application for a water tap in
the Town of Firestone as follows:
1. Residential:
Meter Size Connection Charge Capital Investment Total
and Re air -~.
5/8" $1,200 .oo $1,200.00 $2,400.00
3/4" $1,900.00 $1,300.00 $3,200;06
l" $4,000,00 $1,400.00 $5,400.00
Tap fees for taps requiring a meter larger than l" shall be determined
by the Board of Trustees of the Town of Firestone on ,an individual _cir-
cumstance considering such factors as type of use, contemplated volume
demand for water, effect on the en.tire water system in the Town and all
other factors relevant to the application. -
B. There shall be a limit on the number of living uni ts 'allowed
per tap size in residential units as follows:
Meter Size
5/8"
3/4"
l"
1J..11
2
2"
Number of Uni ts
1
2-4
5-6
7-12
13-23
C. 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,
D, 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 tne necessary water meter, the price of
which is included in the fee set forth in 1J-11(A)(l) & (2),
E, .All connections or taps shall be made in conformance with
specifications as may be promulgated by the Board of Trustees
and shall be made under the supervision of the Building
Inspector, or other designee of the Board of Trustees,
F, 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, Paragraph D,, of Section 71, Chapter 10 of the Code of
the Town of Firestone is hereby amended to read as follows:
D, The applicant for annexation, as a prerequisite to fi.nal
annexation, must agree to furnish and deliver ownership .to the
Town of Firestone the following minimum·water rights:
1, Residential:
a.) There shall be required one acre foot ef water of
the applicalilt, his assigns or successors in interest for every
living unit in a single family, duplex or triplex;
b.) There shall be required one-half acre foot of water
of the applicant, his assigns or successor in interest for every
living unit in a fourplex or larger residential unit;
c,) Title to the requisite water shares shall be deliverable
to the Town at the time of final platting of any residential
area in the annexation. No plat shall receive final approval
until the Town becomes titled owner of all shares required for
the platted area,
2, Commercial and Industrial, The applicant shall furnish
three acre feet of water for every gross·acre of the annexation
zoned commercial or industrial, This requirement shall be met
at the time of annexation.
-2-
' ' .
J. In addition, the applicant shall offer to sell all remain-
ing water rights appurtenant to his property to the Town at the
fair market value to be determined by a competent appraiser chosen
jointly by the applicant and the Town. Furthermore, the land
applicant shall petition for inclusion of the property in the
Northern Colorado Water Conservancy District if the property
sought to be annexed is not already in that District,
4. All water shares required under this Section D., shall
be Northern Colorado Water Conservancy District water shares or
such other shares as the Town may agree to accept in).iieu thereof, ...,,,,
Section J. All Ordinances, Resolutions, and Motions of the Board of
Trustees of the Town of Firestone or parts thereof, in conflict with
the provisions of this Ordinance, are to the extent of such conflict
hereby superseded and repealed,
Section 4. The sections of this Ordinance are hereby declared to
be severable, and if any section, provisions, or part thereof shall be
held unconstitutional or invalid, the remainder of.this Ordinance shall
bontinue 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 f,
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 perspns shall not be
effected thereby.
In the opim.on of the Board of Trustees of the Town ofFirestone, Weld
County, Colorado, this Ordinance is necessary for the immediate pro-
tection and preservation of the public heal th, safety,· _convenience,
and general welfare, and it is enacted for that purpose and shall be
in full force and effect after passage and final pubiication,
Approved, adopted, and ordered published by the·Board of Trustees of
the Town of Firestone on the _______ day of--------'-
1982,
Mayor
ATTEST:
Town Clerk
--J-
AFFIDAVIT OF REGISTERED ELECTOR
/. 0 1' ' 7'/Jl 16-: ·~ . . /~' 0 A a I,, ~A/-~.x., . 1~'"1 ,r,,;,, residing attll,,/1 zJB'J? J./J.f./ ,
Firestone, Colorado 80520, verify that I am a registered elector of
the Town of Firestone in the County of Weld, State of Colorado; that -
I personally circulated the foregoing Referendum Petition; that each
signature thereon is the signature of the person whose name it purports
to be; tht, to the best of my knowledge and belief, each of the persons
signing said Petition was at the time of signing a registered elector;
that I neither received nor entered into a contract whereby in the
future I will receive any money or thing of value in consideration
of or as an inducement to the circulation of such Petition by me; and,
that I have not paid or will not in the future pay and that I believe
no other person has so paid or will pay, directly or indirectly, any
money or other thing of value to any signer for the purpose of inducing
or causing such signer to affix his signature to such Petition,
STATE OF COLORADO)
/,, ) ss.
COUNTY OF WELD ) :. ;_:7'f,~
' ..
Subscribed and sworn before me by)'.,....~~~~:::_'77?~~-....i./~6::..!::a,,~·~a.L;.,~~
1
~.d..-P~·~·~,,_,:::_
this _ _,_ ___ day ofCJfG :1 1982 at ::::'·z:;..:,..a.J...ii..t&:.Zl::~---• Colorado,
My commission expires:
ORDINANCE NO. /7 <f
'
AN ORDINANCE PERTAINING TO AND REGULATING WATER CONNECTION,
CAPITAL INVESTMENT A..~D REPAIR, AND REQUIRED WATER METER SIZING,
AMENDING SECTION 11, OF CHAPTER 13 OF THE CODE OF THE TOWN OF
FIRESTONE AND PERTAINING TO AND REGULATING ANNEXATIONS TO THE
TOWN OF FIRESTONE, AMENDING SECTION 71, 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:
Section 1. 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 investment
and connection charge, payable upon application for a
water tap in the Town of Firestone as follows:
1. Residential:
Meter Size Connection Charge Capital Investment
and Re air
5/8"
3/4"
l"
$1,200.00
$1,900.00
$4,000.00
$1,200.00
$1,300.00
$1,400.00
$2,400.00
$3,200.00
$5,400.00
Tap fees for taps requiring a meter larger than l" shall be
determ~ned by the Board of Trustees of the Town of Firestone
on an 'iridividi:ili.l circumstance considering such factors as type
of use, contemplated volume demand for water, effect on the
entire water system in the Town and all other factors relevant
to the application.
B. There shall be a limit on the number of living units
allowed per tap size in residential-units as follows:
Meter Size
5/8"
3/4"
l"
l½"
2"
Number of Units
1
2-4.
5-6
7-12
13-23
C. 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 ap-
plicable charges set forth in this Chapter 13 have been
paid.
D. 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 13-11 (A) (1) & (2).
E. All connections or taps shall be made in conformance
with specifications as may be promulgated by the Board of
Trustees and shall be made under the supervision of the
Building Inspector, or other designee of the Board of
Trustees.
F. 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. Paragraph D., of Section 71, Chapter 10 of
the Code of the Town of Firestone is hereby amended to read
as follows:
D. The applicant for annexation, as a prerequisite
to final annexation, must agree to furnish and deliver
ownership to the Town of Firestone the following minimum
water rights:
1. Residential:
a.) There shall be required one acre foot of
water of the applicant, his assigns or successors in
interest for every living unit in a single family, duplex
or tripYex;
~~--·-
b.) There shall be required one-half acre
foot of water of the applicant, his assigns or successor
in interest for every living unit in a fourplex or larger
residential unit;
c.) Title to the requisite water shares shall
be deliverable to the Town at the time of final platting
of any residential area in the annexation. No plat shall
receive final approval until the Town becomes titled owner
of all shares required for the platted area.
2. Commercial and Industrial. The applicant shall
furnish three acre feet of water for every gross acre of
the annexation zoned commercial or industrial. This re-
quirement shall be met at the time of annexation.
3. In addition, the applicant shall offer to sell
all remaining water rights appurtenant to his property
to the Town at the fair market value to be determined
by a competent appraiser chosen jointly by the applicant
and the Town. Furthermore, the land applicant shall petition
for inclusion of the property in the Norther Colorado Water
Conservancy District if the property sought to be annexed
is not already in that District.
4. All water shares required under this Section D.,
shall be Northern Colorado Water Conservancy District
water shares or such other shares as the Town may agree
to accept in lieu thereof.
Section 3. All Ordinances, Resolutions, and Motions of the
Board of Trustees of the Town of Firestone or parts thereof, in
conflict with the provisions of this Ordinance, are to the extent
of such conflict hereby superseded and repealed.
Section 4. The sections of this Ordinance are hereby declared
to be severable, and if any section, 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 adopte_d
even if such unconstitutional or invalid matter had not 'J::i•een: in:.:
eluded therein. It is further declared that if any provisfon or
part of this section, or the application thereof to any person,
or circumstances, is held invalid, the remainder of this Ordin-
ance and the application thereof to other persons shall not be
effected thereby.
-2-
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
purpose and shall be in full force and effect after passage and
final publication.
Approved, adopted, and ordered published
Trustees of. the ,,}!Jn of Firestone on the ~ , , 1982 •. ·
ATTEST:
~/~<??V Town Clerk ·
by the ~d of 9 day of
ORDINANCE NO. /_.J.tl_
AN ORDINANCE fu~ENDING SECTION 14 OF CHAPTER 13 OF THE CODE OF,
THE TOWN OF FIRESTONE RELATIVE TO PAYMENT OF MONTHLY WATER
CHARGES, READING OF METERS AND NOTICES OF DELINQUENT CHARGES.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRE-
STONE, WELD COUNTY, COLORADO:
Section 1. Section 14 of Chapter 13 of the Code of the
Town of Firestone is hereby repealed and re-enacted as fol-
lows:
13-14. Monthly Charges, Meter Reading, Due Date, Shut-
off Notice.
A.) Water meters shall be read on the first day of each
month, as nearly as possible;
B.) Water billings shall be mailed to users on the tenth
day of each month, as nearly as possible;
C.) Water billings shall be due and payable on the
twentieth day of the month in which the reading required
in Section 13-14(A) is completed;
D.) Shutoff notices. shall be sent to users who have not
made the payment required in Section 13-14(C);
E.) Water service shall be terminated ten days after
the notice required in Section 13-14(D) unless:
i 1. The delinquent bill has been paid prior to the
exp~ration of the ten days after the notice; or
2. The user has appeared at the hearing specified
in the notic·e and. shown cause why the bill is not due.
Section 2. All Ordinances, Resolutions, and Motions of
the Board of Trustees of the Town of Firestone or such parts
thereof whic.h are in conflict with the provisions of this
Ordinance, are to the extent of such conflict hereby super-
seded 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 Ordin-
ance 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 or section of this Ordin-
ance or the application thereof to any person, or circumstances
is held invalid, the remainder of this Ordinance and the applica-
tion thereof to other persons or circumstances shall not be
effected thereby.
Jn the opinion of the Board of Trustees of the TQwn 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
purpose and shall be in full force and effect after passage and
final publication.
Approved, adopted, and ordered published by the Board of Trustees
of the Town of Firestone on the q day of ~IJ,<--<-'""O-=h::._..£.,_ ____ _
1982.
ORDINAi'lCE NO. /fl
AN ORDINANCE PERTAINING TO AND REGULATING WATER CONNECTION,
CAPITAL INVESTMENT AND REPAIR, AND REQUIRED WATER METER SIZING,
AMENDING SECTION 11, OF CHAPTER 13 OF THE CODE OF THE TOWN OF
FIRESTONE AND PERTAINING TO AND REGULATING ANNEXATIONS TO THE
TOWN OF FIRESTONE, AMENDING SECTION 71, CHAPTER 10, OF THE CODE
OF THE TOWN OF FIRESTONE.
BE IT ORADINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO:
Section 1. Section 11, Chapter 13 of the Code of the Town of
Firestone is hereby amended to read as follows:
13-10, Water Connection Charges Established.
A. There is hereby imposed a uniform capital investment
and repair, water acquisition and connection charge, for residential,
commercial and industrial users, payable upon application for a
water tap in the Town of Firestone as follows:
METER CONNECTION
SIZE CHARGE
5/8" $1,200.00
3/4" $1,900.00
l" $4,000.00
WATER
ACQUISITION
$750.00
$850.00
$950.00
CAPITAL
INVESTMENT
REPAIR
$600.00
$600.00
$600.00
&
TOTAL
$2,550.00
$3,350.00
$5,550.00
Tap fees for taps requiring a meter larger than l" shall be deter-
mined by the Board of Trustees of the Town of Firestone on an in-
dividual circumstance considering such factors as type of use, con-
templated volume demand for water, effect on the entire water system
in the Town and all other factors relevant to the application.
B. There shall be a limit on the number of living units al"c
lowed per tap size in residential units as follows:
METER SIZE NUMBER OF UNITS
5/8'! 1
3/4" 2-4
l" 5-6
l½" 7-12
2" 13-23
C. 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. All fees and charges
shall be paid at the time of connection at the then effective
rate.
D. 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 Section 13-ll(A) of this Code.
E. All connections or taps shall be made in conformance with
specifications as may be promulgated by the Board of Trustees
and shall be made under the supervision of the Building Inspector,
or other designee of the Board of Trustees. ·
F. After such tap or connection is made and accepted, the
,.:. "
Town of Firestone shall be the owner of 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. Paragraph D., of Section 71, Chapter 10 of the
Code of the Town of Firestone is hereby amended to read as fol-
lows:
D. The applicant for annexation, as a prerequisite to final
annexation, must agree to furnish and deliver ownership to the
Town of Firestone the following minimum water rights:
1. Residential:
a.) There shall be required on acre foot of
water of the applicant, his assigns or successors in interest
for every living unit in a single family, duplex or triplex;
b.) There shall be required one-half acre foot
of water of the applicant, his assigns or successors in interest
for every living unit in a fourplex or larger residential unit;
c.) Title to the requisite water shares shall be
deliverable to the Town at the time of final platting of any
residential area in the annexation. No plat shall receive final
approval until the Town becomes titled owner of all shares re-
quired for the platted area.
2. Commer.cial and Industrial. The applicant shall
furnish three acre feet of water for every gross acre of the
annexation zoned commercial or industrial. This requirement
shall be met at the time of annexation.
3. In addition, the applicant shall offer to sell
all remaining water rights appurtenant to his property to the
Town at the fair market value to be determined by a competent
appraiser chosen jointly by the applicant and the Town. Further-
more, the land applicant shall petition for inclusion of the
property in the Northern Colorado Water Conservancy District if
the property sought to be annexed is not already in that District.
4. All water shares required under this Section D.,
shall be Northern Colorado Water Conservancy District water
shares or such other shares as the Town may agree to accept in
lieu thereof.
Section 3. All Ordinances, Resolutions, and Motions of the
Board of Trustees of the Town of Firestone or parts thereof, in
conflict with the provisions of this Ordinance, are to the extent
of such conflict hereby superseded and repealed.
Section 4. The sections of this Ordinance are hereby declared
to be severable, and if any section, provision, or part thereof
shall be held unconstitutional or invalid, the remainder of this
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 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 im-
mediate protection and preservation of the public health, safety,
convenience, and general welfare, and to bring tap fees within
current market standards, and it is enacted for that purpose and
shall be in full force and effect after passage and ~ublication.
Approved, adopted, and ordered published by the Board of Trustees
-2-
of the Town of Firestone on the f S-· day of -'--·,_A..,p'-'~'-'t_.l_-_____ _
1982. t"
ATTEST:
-3-
ORDINANCE NO. Ifs "2------
AN ORDINANCE PERTAINING TO THE POSSESSION OF CONTAINERS IN PUBLIC
PLACES CONTAINING MALT, VINOUS OR SPIRITOUS LIQUORS OR FERMENTED
MALT BEVERAGES.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO:
Section 1. Part VIII, Chapter 9, of the Code of the Town of
Firestone is amended by the addition of the following sections.
9-8.4 Possession of Open Containers of Malt, Vinous,
Spiritous or Fermented Malt Beverages.
A. Definitions. For purposes of this section the following
definitions shall apply:
1. "Open Container" means a container having the seal
of the original cap, tab, pull top, lid or tax stamp broken or
removed.
2. "Public Place" includes but is not limited to streets,
alleys, sidewalks, parks, school grounds, recreation facilities,
parking areas or lots used in conjunction with commercial establish-
ments generally open to the public, and all other public places in
the Town.
B. It shall be unlawful for any person to carry, control or
have in his or her possession any open container or containers of,
or containing, malt, vinous or spiritous liquor or fermented malt
beverage in any public place in the Town of Firestone.
C. Possession of open containers of malt, vinous, spiritous
or fermented malt beverages shall be a petty offense.
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 f9rce 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 circum-
stances, 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 health, safety, conveni-
ence, and general welfare, and it is enacted for that purpose and
shall be in full force and effect after passage and final publication.
Approved, adopted, and ordered published by the Boa~of Trustees
of the Town of Firestone on the I 3 day of c!}rd~-Jt = lft"2--,
1982. '
Mayor
ATTEST:
~
0l{DINANCE NO. ~
AN ORDINANCE PERTAINING TO THE POSSESSION OF CONTAINERS IN PUBLIC
PLACES CONTAINING MALT, VINOUS OR SPIRITOUS LIQUORS OR FERMENTED
MALT BEVERAGES.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO:
Section 1. Part VIII, Chapter 9, of the Code of the Town of
Firestone is amended by the addition of the following sections.
9-8.4 Possession of Open Containers of Malt, Vinous,
Spiritous or Fermented Malt Beverages.
A. Definitions. For purposes of this section the following
definitions shall apply:
1. ''Open Container'' means a container having the seal
of the original cap, tab, pull top, lid or tax stamp broken or
removed.
2. ''Public Place'' includes but is not limited to streets,
alleys, sidewalks, parks, school grounds, recreation facilities,
parking areas or lots used in conjunction with commercial establish-
ments generally open to the public, and all other public places in
the Town.
B. It shall be unlawful for any person to carry, control or
have in his or her possession any open container or containers of,
or containing, malt, vinous or spiritous liquor or fermented malt
beverage in any public place in the Town of Firestone.
C. Possession of open containers of malt, vinous, spiritous
or fermented malt beverages shall be a petty offense.
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 circum-
stances, 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 health, safety, conveni-
ence, and genera·! welfare, and it is· ·enacted for tha·t purpose and
shall be in full force and effect after passage and final publication.
Approved, adopted, and ordered published by t~of Trustees
of the Town of Firestone on the / 3 day of /<?'f 2-,
1982.
Mayor
ATTEST:
=,0L~£~~
fown Clerk
•
ORDINANCE NO. I! 3
AN ORDINANCE AMENDING THE MODEL TRAFFIC CODE FOR COLORADO
MUNICIPALITIES AS PREVIOUSLY ADOPTED BY THE TOWN OF FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, WELD COUNTY, COLORADO:
Section 1. Section 22-9 of the Model Traffic Code for
Colorado Municipalities previously adopted by the Town of
Firestone is hereby repealed and re-enacted as follows:
Sec. 22-9. Notice to appear in Court .. -Except
when authorized or directed to take a person before
a magistrate or other court, as provided in section
22-5 or otherwise pursuant to State law, any police
officer upon making an arrest for any violation of
this ordinance punishable as a misdemeanor, shall
take the name, address, and operator's license
number of said person, the registered number. of the motor
vehicle involved, and such other pertinent information
as may be necessary, and shall prepare and issue to
him in writing on the form authorized in section 22-2
of this ordinance a notice or summons to respond and
answer to the charge against him at a place and at
a time to be specified in the notice of summons.
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 in-
cluded 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 Ordin-
ance 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 im-
mediate,protection and preservation of the public health, safety,
convenience, and general walfare, and it is enacted for that
•purpose and shall be in full force after passage and final
publication.
Approved, adopted, and ordered published by the
of the Town-of Firestone on-the /J day of
1982 .
ATTEST:
ORDINANCE NO. / ff
AN ORDINANCE PERTAINING TO THE LICENSING AND REGULATION OF
PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, WELD COUNTY,. COLORADO.
Section 1. Part VI of Chapter 4 of the Code of the Town
of Firestone, including sections 4-34 through 4-39, is
hereby repealed.
Section 2. Part VI of Chapter 4 of the Code of the Town
of Firestone is re-enacted as follows:
PART VI
TRANSIENT MERCHANTS, SOLICITORS AND PEDDLERS
4-34. License Required. Notwithstanding any other provision
in this Code, it shall be unlawful for any transient merchant,
solicitor, or peddler, as defined herein, to engage in such
business within the corporate limits of the Town of Firestone
without first obtaining a license in compliance with the
provisions of this Part VI.
4-35. Definitions. As used in this Code the following defini-
tions shall apply:
A. Solicitor A solicitor is any person whether resident
of the Town or not, traveling either by foot or vehicle or any
other type of conveyance, from place to place, or from house
to house, or from street to street, taking or attempting to
take, or influencing any person to place orders for sale of
goods, wares, merchandise, or personal property of any nature
whatsoever for future delivery or for services to be performed
or furnished in the future whether or not such person has,
carries or exposes for sale a sample of the subject of such sale
or whether he is collecting advance payments on·such sales or
not.
B. Peddler A peddler is any person, whe'ther resident of
the Town or not, who shall sell and deliver or offer for sale to
consumers, any goods, wares, merchandise, fruits, vegtables,
country produce, or services, traveling from place to place, or
from house to house, or from street to street, who shall sell
or offer for sale and delivery any goods or other such articles
while traveling on foot or by vehicle or any other type of
conveyance.
C. Transient merchant A transient merchant is any person,
firm or corporation, who, for himself or as agent for another,
rents, erects, or purchases or utilizes any room, storeroom,
tent, building, or other structure or place for the purpose of
selling or offering for sale, anything of value at such loca-
,tion, without the intent of establishing a permanent business
thereat.
4-36. Application for License. Applicants for a solicitor's,
peddler's, or transient merchant's permit and license shall
file with the Town Clerk at least five (5) days prior to the
date upon which the applicant desires to begin his business,
a sworn application in writing on a form to be furnished by
the Clerk, which shall give the following information:
A. Name and description of the applicant;
B. The permanent home address and full local address of
the applicant, if any;
C. A brief description of the nature of the business,
goods, or services, shown for sale or for future delivery;
D. If employed, the name, address and phone number of
the employer together with credentials establishing the exact
relationship between the employer and employee;
E. The length of time for which the right to do business
is desired;
F. Two (2) identical photographs of the applicant which
reasonably identify the applicant; such photographs of the
applicant to measure two (2") inches by two (2") inches;
G. The fingerprints of the applicant;
H. A statement taken by the Town Clerk or Town Marshall
as to whether or not the applicant has ever been convicted of
any felony or misdemeanor, and if the applicant has been so
convicted, a statement as to the nature of the offense and
conviction;
I. A written statement of a reputable physician of this
state dated not more than five (5) days prior to the filing of
the application, certifying the applicant to be free of con-
tagious, infectious or communicable diseases.
At the time of the filing of the application, a non-refundable
fee of $25.00 shall be paid to the Town Clerk to cover the cost
of investigating the facts stated herein.
4-37. Investigation and Issuance of License. Upon receipt of
such application, an investigation shall be conducted at the
direction of the Town Clerk to determine the applicant's business
and moral character and health.
If as a result of such investigation, the applicant's character
and business. responsibility or health is found to be unsatis-
factory, the Town Clerk shall so endorse upon the application
and set forth the reasons therefor, and thereupon shall notify
the applicant of the disapproval of.such application and that
no permit or license will be issued thereunder.
If, as a result of such investigation, the applicant's character,
business responsibility and health are found satisfactory, the
Town Clerk shall endorse the same on the application and upon
receipt of the necessary fees as set forth hereafter, shall
execute and deliver to the applicant a license and permit to
carry on such business within the corporate limits of the Town
for a per~od of time, not exceeding thirty (30) days, except as
hereinafter set forth.
The license and .permit so issued to a successful applicant shall
contain the signature and seal of the·issuing officer, the
type of license or permit issued, the kind of goods or service
to be sold thereunder, the date of issuance, the expiration
date thereof, and a two inch by two inch photograph of the
applicant.
The license and permit fee which shall be charged in advance
by the Town Clerk for any such license and permit shall be
$10.00 per day, $50.00 per seven days week, or $100.00 per
thirty day month.
4-38. Revocation of License. Permits and licenses issued
hereunder may be revoked by the Board, after notice and hear-
ing, for any of the following causes:
-2-
,_.,
,
A. Fraud, misrepresentation, or false statement contained
in the application of the license;
B. Fraud, misrepresentation, or false statement made in
the course of carrying on his business as solicitor, peddler,
or transient merchant;
C. Any violation of this Code;
D. Conviction of any crime or misdemeanor;
E. Conducting the business allowed by the license in an
unlawful manner or in such a manner as to constitute a breach
of the peace, or to constitute a menance to the health, safety,
or general welfare of the public.
Notice of the hearing for revocation of a license shall be
given in writing, setting forth specifically the grounds of
complaint and the time and place of hearing. Such notice shall
be mailed, postage prepaid, to the licensee at his local
address as set forth on the application, at least five (5) days
prior to the date set for the hearing.
4-39. Miscellaneous Requirements, Prohibited Activities and
Penalty.
A. Solicitors, peddlers and transient merchants are required
to exhibit their license or permit at the request of any citizen.
B. It shall be unlawful for any person to engage, or
cause any other person to engage as his agent or employee, as
a solicitor or peddler by soliciting from or peddling to any
residence whereon a sign has been conspicuously displayed with
the words "NO SOLICITORS" or "NO PEDDLERS" or other such similar
language.
C. It shall be unlawful for a solicitor or peddler to remain
and refuse to leave immediately, or to instruct and cause any
agent or employee to remain and refuse to leave immediately,
the residential property or residential unit of another, after
being requested by the owner or other person having the right
to occupy such ·residence to leave, whether or not any "No
Solicitors" or "No Peddlers" si'gns have been displayed.
D. A violation of this Part VI of this Chapter shall be a
misdemeanor and upon conviction shall be made punishable by
a fine not more than $300.00, or by imprisonment not exceeding
ninety (90) days, or by both such fine and imprisonment.
Section 3. All Ordinances, Resolutions, and Motions of the
Board of Trustees of .the Town of· Firestone or parts thereof, in
conflict with the provisions of this Ordinance, are to the
extent of such conflict hereby superseded and repealed.
Section 4. The sections of this Ordinance are hereby declared
to be severable, and if any section, provision, or part thereof
shall be held unconstitutional or invalid, the remainder of this
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 im-
mediate protection and preservation of the public health, safety,
-3-
convenience, and general welfare, and it is enacted for that
purpose and shall be in full force and effe~t after passage
and final publication.
Approved, adopted, and ordered published
Trustee1?f the Town of Firestone on the cJ-l A /C/f: 'J--, 1982.
ATTEST:
~,,d,,w ~,My/ own Clerk
-4-
by the Board of
/:S day of
ORDINANCE ND./ff
AN ORDINANCE ADOPTING THE BUDGET FOR THE TOWN OF FIRESTONE, COLORADO_FOR THE
FISCAL YEAR BEGINNING THE 1st DAY OF JANUARY, 1983, AND ENDING ON THE LAST DAY
OF DECEMBER, 1983, ESTIMATING THE AMOUNT OF MONEY NECESSARY.TO BE RAISED BY
TAX LEVY BASED ON THE SAID BUDGET SO ADOPTED; ESTIMATING THE AMOUNT OF MONEY
_TOBE DERIVED FROM OTHER REVENUE SOURCES; AND SETTING FORTH THE ESTIMATED
EXPENDITURES FOR EACH FUND.
W~EREAS, th~ Circuit Rider City Manager has been designated to prepare the
annua 11 budget fcir Fi res tone, Colorado, for the fi seal year beginning January
l, 1983, ana ending December 31, 1983, and has prepared said budget and
submitted it to the Board of Trustees; and
WHEREAS, the Board of Trustees held a pubric hearing on said budget on
November 10, 1982; and
WHEREAS, the Board of Trustees has considered all relevant factors
concerning the budget.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES FOR THE TOWN OF
FIRESTONE, COLORADO:
Section l. That the estimated revenue for the various funds of the Town
of Firestone is:
General Fund
Water Fund
Revenue Sharing Trust Fund
Park Fund
Special Assessment Fund
Police Pension Fund
Conservation Trust Fund
TOTAL
$ 172,.625.00
211,698.00
10,827 .oo
516.00
191,004.00
10,970.00
500.00
598,140.00
Section 2. That the estimated expenditures for each fund of the Town of
Firestone are as follows:
General Fund
Water Fund
Revenue Sharing Trust Fund
Park Fund
Special Assessment Fund
Police Pension Fund
Conservation Trust Fund
TOTAL
$ 172,610.00
211,698.00
10,827.00 o.oo
123,000.00 o.oo o.oo
518, 135~00
Section 3 •. That the budget for the Town of Firestone, Colorado, for the
fiscal year beginning January l, 1983, and ending December 31, 1983, as
heretofore submitted to the Board of Trustees by the Circuit Rider City
Manager, and as 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
said fiscal year.
Section 4. That the budget hereiD. 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.
In the opinion of the Board of Trustees of the Town of Firestone, Weld
County, Colorado, thi's 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 after
passage and final publication.
INTRODUCED, READ AND ADOPTED this 'l 1day of~ ~.D., i982.
. . . (?Cll.1 t2 d ®'-ii /;;iJd
Mayor ·
ORDINANCE NO. I KS
AN ORDINANCE ADOPTING THE BUDGET FOR THE TOWN OF FIRESTONE, COLORADO FOR THE
FISCAL YEAR BEGINNING THE 1st DAY OF JANUARY, 1983, AND ENDING ON THE LAST DAY
OF DECEMBER, 1983, 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 ESTIMATED
EXPENDITURES FOR EACH FUND.
WHEREAS, the Circuit Rider City Manager has been designated to prepare the
annual budget for Firestone, Colorado, for the fiscal year beginning January
l, 1983, and ending December 31, 1983, and 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
November 10, 1982; and
WHEREAS, the Board of Trustees has considered all relevant factors
concerning the budget.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES FOR THE TOlm OF
.· FIRESTONE, COLORADO: .
Section l. That the estimated revenue for the various funds of the Town
of Firestone is:
General Fund
Water Fund
Revenue Sharing Trust Fund
·park Fund
Special Assessment Fund
Police Pension Fund
Conservation Trust Fund
TOTAL
$ 172,625.00
211,698.00
10,827.00
516.00
191,004.00
10,970.00
500,00
598,140.00
Section 2. That the estimated expenditures for each fund of the Town of
Firestone are as follows:
General Fund
Water Fund
Revenue Sharing Trust Fund
Park Fund
Special Assessment Fund
Police Pension Fund
Conservation Trust Fund
TOTAL
$ 172,610.00
211,698.00
10,827.00 o.oo
123,000.00 o.oo o.oo
518,135.00
Section 3. That the budget for the Town of Firestone, Colorado, for the
fiscal year beginning January 1, 1983, and ending December 31, 1983, as
heretofore submitted to the Board of Trustees by the Circuit Rider City
Manager, and as 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
said fiscal year.
Section 4. That the budget herein approved and adopted shall be signed by
the Mayor and the Town Cl erk and made a part of the public records of the Town
of Firestone.
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 hea 1th, safety, convenience, and genera 1 welfare,
and it is enacted for that purpose and shall be in full force and effect after
passage and final publication. . .
INTRODUCED, READ AND ADOPTED this !I day of bPcwl/p,L)A.D., 1982. ·
Oo~uJ o dL,J:ti Mayor .
ORDINANCE NO.):i?
AN ORDINANCE APPROPRIATING SUMS OF MONEY TO DEFRAY EXPENSES AND LIABILITIES OF
THE TOWN OF FIRESTONE, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY 1,
1983, AND ENDING ON DECEMBER 31, 1983.
WHEREAS, the Board of Trustees of the Town of Firestone, Colorado;' has, by
ordinance made the proper tax levy and 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 necessary to provide
for payments during the 1983 fiscal year of all properly authorized demands
upon the Treasury; and ·
WHEREAS, the Board of Trustees of the Town of Firestone, Colorado is now
· desirous of making appropriations for the ensuing fiscal year of 1983.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. · The f o 11 owing appropriations are hereby made for the Town of
Firestone, Weld County, Colorado, for the fiscal year beginning January 1,
1983, and ending on December 31, 1983:
General Fund
Water Fund
Revenue Sharing Trust Fund
Park Fund
Special Assessment Fund
Police Pension Fund
Conservation Trust Fund
TOTAL
$ 172,610.00
211,698.00
10,827.00 o.oo
123,000.00 o.oo o.oo
518,135.00
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 after
passage and final publication.
INTRODUCED, READ, AND ADOPTED on this fl_ day of~JJ/Jw, A.D.,
1982.
Mayor .
ATTEST:
ORDINANCE NO . .,,/,f2_
AN ORDINANCE LEVYING TAXES FOR THE YEAR 1983, TO DEFRAY THE COSTS OF MUNICIPAL
GOVERNMENT OF FIRESTONE, COLORADO, FOR THE FISCAL .YEAR BEGINNING JANUARY l,
-1983, AND ENDING DECEMBER 31, 1983.
WHEREAS, the Board of Trustees of the Town of Firestone, has adopted a
budget for the fiscal year beginning January l, 1983, and ending December 31,
1983; and
WHEREAS, the Board of Trustees has determined that the proper mill levy
upon each dollar of the assessed valuation of all taxable property within the
. Town i s 18. l ll mil l s.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section l. That for the purposes of defraying the expenses of the General
Fund of Firestone, Colorado, during the fiscal year beginning January l, 1983,
and ending on December 31, 1983, there is hereby levied a tax of 6.907 mills
upon each dollar of the total assessed valuation of all taxable property
within the Town of Firestone for the year 1983.
Section 2. That for th.e purpose of defraying the expense of paying the
interest upon and principal of outstanding bonds of the Town of Firestone
coming due in the fiscal year beginning January l, 1983, and ending December
31, 1983, there is hereby levied a tax of ll.204 mills upon each dollar of the
total assessed valuation of all taxable property within the Town of Firestone
for the year 1983.
Section 3. That the Town Clerk is hereby authorized and directed to
immediately certify to the County Commissioners of Weld County, Colorado, the
total tax levy for the Town of Firestone, _Colorado, as is herein set forth.
In the opinion of the Board of Tr.ustees 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 after
passage and final publication. · ·
INTRODUCED, READ, AND ADOPTED on this J1 day of December, A.D., 1982.
Gau O O .. (/11 L A:i&da .
MAYOR -
ORDINANCE NO. ) 6 t
AN ORDINANCE PERTAINING TO MONTHLY WATER RATES FOR INACTIVE WATER
TAPS IN THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO.
Section 1. , Addition of Water Service Charges. Section 12 of
Chapter 13 of the Code of the Town of Firestone is amended by the
addition of the following paragraphs:
There shall be assessed and charged for taps which are
installed and metered for use in any premises but for which
service has been terminated or never commenced, a·.monthly
charge as set forth below. Likewise, for all taps granted but
never tapped and for all taps granted but for which a structure
no longer exists a monthly charge shall be assessed as set
forth below:
Meter Size
5/8"
3/4"
l"
Monthly Minimum
V-:2:f7?bf T~
·/ tJ 1(J)....O
/ 7 ,tf ()
~ .s----,.&-0
Mrfhth1'v l'M..i ~um I\l~M~ 'l~~;···
Section 2. 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 as of January 1, 1983.
Section 3. 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 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 circum-
stances, is held invalid, the remainder 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 Ordin-
ance shall take effect as of January 1, 1983.
Approved, adopte~, and ordered.published by the ~oard ~ustees
of the Town of Firestone on this ~ day of ~e /!Zlt./ './.,( J ,
1982. . -
Mayor _
ATTEST: · ~~ Town Clerk&
I'
ORDINANCE NO. /;$7'
AN ORDINANCE CREATING THE POSITION OF MAINTENANCE OFFICER FOR
THE TOWN OF FIRESTONE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF 'I'IIE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO:
Section 1. The Code of the Town of Fire stone is amended by
the addition of the following Section to Chapter 1, Part II:
1-23.1 Maintenance Officer. The Maintenance Officer shall
be responsible for all general maintenance and responsibilities
as may be required by the Board of Trustees.
Section 2. Section 1-4 of Part II of Chapter 1 of the Code of
the Town of Firestone is repealed and reenacted as follows:
1-4 Officers, Appointment, Term.
There shall be appointed by the Board of Trustees at its
first meeting after the organization thereof in each election
year, or as soon thereafter as practicable, a Town Attorney, a Town
Treasurer, a Town Recordetl, a Town Marshal, a Municipal Judge, a
Maintenance Officer, a Civil Engineer, and such other officers as
from time to time shall be necessary for the proper government
and control of said Town, and the appointees shall hold their
respective offices for two (2) years and until their successors
are appointed and qualified, unless sooner removed according to
law as hereinafter provided. All appointment of officers shall
be by ballot, and the concurrence of a majority of all the
Trustees elected shall be required, and the names of the Trustees
voting and the number of the votes each candidate receives
shall be recorded. All vacancies in office shall be filled in
the same manner as original appointments.
Section 3. 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 4. 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 unconstitutional or invalid matter had not been in-
cluded {herein. 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.
Approved, adopted,
Trustees of the Town of
1983.
and ordered-published by t-h.e.~rd of ·
Firestone, on the 4 day of · lt,.(,,fl,.,,,
() rwf} 0 ~
Mayor
ORDINANCE NO. ;gt
AN ORDINANCE CREATING THE POSITION OF MAINTENANCE OFFICER FOR
THE TOWN OF FIRESTONE .
. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO:
Section 1. The Code of the Town of Ftrestone is amended by
the addition of the following Section to Chapter 1, Part II:
1-23.1 Maintenance Officer. The Maintenance Officer shall
be responsible for all general maintenance and responsibilities
as may be required by the Board of Trustees.
Section 2. Section 1-4 of Part II of Chapter 1 of the Code of
the Town of Firestone is repealed and reenacted as follows:
1-4 Officers, Appointment, Term.
There shall be appointed by the Board of Trustees at its
first meeting after the organization thereof in each election
year, or as· soon thereafter as practicable, a Town Attorney, a Town
Treasurer, a Town Recorded, a Town Marshal, a Municipal Judge, a
Maintenance Officer, a Civil Engineer, and such other officers as
from time to time shall be necessary for the proper government
and control of said Town, and. -the appointees shall hold their
respective offices for two (2) years and until 'their successors
are appointed and qualified, unless sooner removed according to
law as hereinafter provided. All appointment of officers shall
be by ballot, and the concurrence of a majority of all the
Trustees elected shall be required, and the names of the Trustees
voting and the number of the votes each candidate receives
shall be recorded. All vacancies in office shall be filled in
the same manner as original appointments.
Section 3. 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 4. 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 unconstitutional or invalid matter had not been in-
cluded 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.
Approved·, adopted, and· ordered published by the ~B :~d of
Trustees of the Town of Firestone, on the --J!f:-day of ~~l.),L<lL
1983.
· 9a11tLa &vdi:i
Mayor
ORDINANCE NO,
AN ORDINANCE ESTABLISHING A NEW DAY FOR THE REGULAR MONTHLY
MEETHING OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO
Section 1.
Firestone
follows:
Part III of Chapter 1 of the Code of the Town of
is hereby amended by the addition of Section 1-24,1 as
1.24-1 Regular Meetings. The Board of Trustees of }he
Town of Fi~estone shall meet in regular session on the ,;;-,,,.ti(_,
--fiul)/,,IC~ of each month at 7:30 o'clock p.m. at the Town
Hall of the wn of Firestone. If the day set for the regular
meeting falls on a recognized holiday, the regular meeting for
that month shall be held at 7:30 o'clock p.m. on the next regular
business day.
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 the 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 Ordinance, or th.e 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 t.he opinion of the Board of Trustees of the Town of Firestone,
Weld County, Colorado, this Ordinance is necessry for the
immediate protection and preservation of public health, safety,
convenience, and general welfare, and it is enacted for that
purpose and shall be in full force and effect after passage and
final publication.
1
Approved, adopted and ord erect published by
0
thfe B~ar(dJ_f}.~u,~t, ees
of the Town of Firestone on this /{ day ~-~A./
1983. .
MAYOR:
ATTEST:
2
., .•
•
ORDINANCE NO,
AN ORDINANCE ESTABLISHING A NEW DAY FOR THE REGULAR MONTHLY
MEETHING OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
WELD COUNTY, COLORADO
Section 1. Part III of Chapter 1 of the Code of the Town of
Firestone is hereby amended by the addition of Section 1-24.1 as
follows:
1,24-1 Regular Meetings. The Board of Trustee~~-e
Fir stone shall meet in regular session on the ~-
.;L+4'..J.J.~~~~~-of each month at 7:30 o'clock p.m. at the Town
the wn of Firestone. If the day set for the regular
meeting falls on a recognized holiday, the regular meeting for
that month shall be held at 7:30 o'clock p.m. on the next regular
business day.
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 the 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 Ordinance, 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 necessry for the
immediate protection and preservation of public health, safety,
convenience, and general welfare, and it is enacted for that
purpose and shall be in full force and effect after passage and
final publication.
1
\
Approved, adopted and ordered published by the~:~:: Trustees
of the Town of Firestone on this / ( day of ~Jd) ,
1983.
MAYOR:
ATTEST:
2
ORDINANCE NO. / 'f/
AN ORDINANCE AMENDING PART II AND PART III OF CHAPTER 10 OF
TEE CODE OF TEE TOWN OF FIRESTONE RELATIVE TO MOBILE HOMES,
MANUFACTURED HOUSING AND MODULAR HOMES.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF TllE TOWN OF FIRESTONE, 1/ 1-JELD COUNTY,. COLORADO. ,
Section 1. Subsections H,I,J and V of Section 10-32 of the Code
of the Town of Firestone are repealed and re-enacted as follows.:
H. Dwelling, Single-Family. A detached building
designed exclusively for occupancy by one family, but not
including mobile homes, manufactured housing or modular homes,
as defined herein, except as otherwise provided herein.
I. Dwelling, Two-Familv. A detached building designed
exclusively for occupancy by two families living independently
of each other, but not including mobile homes, manufactured hous-
ing or modular homes, as defined herein, except as otherwise
provided herein.
J. Dwelling, Multiple-Family. A building designed to
be occupied in whole or in part by three or more families living
independently of each other, b.ut not including· mobile homes,
manufa.ctured housing or modular homes as defined herein, except
as otherwise provided herein.
V. Mobile Home. A structure, transportable in one
section, which is eight body feet or more in width and is thirty-
two body feet or more in length, and which is built on a permanent
chassis, and designed to be used as a dwelling with or without
permanent foundation, when connected to the required utilities, and
includes the plumbing, heating, air-conditioning, and electrical
systems contained therein, and bears the insignia of ap~roval of
the Division of Housing of Colorado, and has not been altered
since receiving such approval.
Section 2. The following subsections shall be added to Section
10-32 of the Code of the Town of Firestone:
J//M-i,,n,<-1 '
00. ~6dular Home. For the purposes of this Ordinance
shall mean a structure designed for residential occupancy, ex-
cluding a mobile home or factory built housing as defined herein; which
is wholly or in substantial part made, fabricated, formed or
assembled in manufacturing facilities for installation, or
assembly and installation on a building site; which bears the
insignia of the Division of Eousing of Colorado, and has·not been
altered since receiving the insignia of approval; is intended to
be permanently installed on a foundation on a building site; and
is normally divided into two or more components for transporation.
j~~
PP. Minufactured Housing. For the purposes of this
Ordinance, shall mean any structure designed for residential
occupancy, excluding a mcibile home or modular home as defined
herein, which is wholly or in substantial part made, fabricated,
formed or assembled in manufacturing facilities for installation,
or assembly and installation, on a building site and which bears
the insignia of the Division of Housing of Colorado, has not been
altered since receiving the insignia of approval, and is designed
for use with or without a permanent foundation.
QQ. Camper Coach. An item of mounted equipment,
weighing more than five hundred pounds, which when temporarily
or permanently mounted on a motor vehicle adapts such vehicle for
use as temporary living or sleeping accommodations.
RR. Carr.per Trailer.; A wheeled vehicle without motive
power which is designed to be ~rawn by a motor vehicle over the
public highways and which is generally and commonly used for
temporary living or sleeping accommodations and is less than
thirty-two (32) feet in length.
Section 3. Subsection 2 of Section 10-33 of the Code of the Town
of Firestone is repealed and re-enacted as follows:
housing.
homes in
for use
L. R-5. Mobile home, manuf actured-,and modular
This district provides for use in an ai=ea··by mobile
mobile home parks and.mobile home subdivisions, and
in an area by manufactured and modular housing.
Section 4. Section 10-36.1 of the Code of the Town of Firestone
is amended by the addition of the following subsection:
R. Modular homes and manufactured housing provided a
special use permit is applied for and approved by the Board of
Trustees as provided herein.
Section 5. Section 10-36.2 of the Code of the Town of Firestone
is amended by the addition of the following subsection:
E. Modular homes and manufactured housing provided
a special use permit is applied for and approved by the Board of
Trustees as provided herein.
Section 6. Section 10-36.3 of the Code of the Town of Firestone
is amended by the addition of the following subsection:.
O. Modular homes and manufactured housing provided
a special use permit is applied for and approved by the Board of
Trustees as provided herein.
-2-
r
Section 7. Section 10-38 of the Code of the Town of Firestone
is amended by the addition of the following subsections:
\ .
I G. Special Use Permit -1'1odular Hornes and Manufactured
Housing. Modular homes and manufactured housing as defined
shall be allowed as a special1 use in the R-1, R-2 and R-3 Zones
in the Town of Firestone provided a Special Use Permit is applied
for and approved by the Board of Trustees. A Special Use Permit
shall be granted an applicant provided each of the following
conditions is met:
.;
1. All requirements of the Firestone Building
Code are complied with.
12. The unit for which the-application is made
complies with the then current "Feder:,a-1-·i1anu'4'actured f!omes Con-
struction and Safety Standards" and proof of such compliance is
produced for the Town by the applicant and also bears the insignia
of approval of the Colorado Division of Housing.
3. All Zone District standards as set forth in
Chapter 10 of the Code of the Town of Firestone shall be complied
with.
4. Each home shall have its own sewer tap, water
tap and electrical hook-up.
5. No home shall be located in any area in the
Town of Firestone where private covenants prohibit such location.
6. Skirting, in addition to other requirements,
shall completely enclose the area between the ground and the
bottom of the modular home. In addition, the skirting shall
naturally blend with the unit or shall be painted, textured or
otherwise treated so that it does blend with the unit.
7. The applicant must appear for a public hearing
for the Special Use Permit. The public hearing shall be adver-
tised in a newspaper of general circulation in Firestone at least
once a minimum of ten (10) days prior to the hearing. If more
than fifty ( 50) percent of the land.owners owning property within
100 feet of the premises upon which the unit is to be located
protest the issuance of the Special Use Permit, the permit shall
not issue unless at least four (4) Trustees, excluding the Mayor,
vote in favor of issuance.
8. The home shall be compatible with existing
structures.
H. No camper coach or camper trailer or other similar
living unit shall be ~t~lized for living quarters within the Town
of Firestone, unless specifically authorized by·the Code of the
Town of Firestone.
-3-
Section 8. Section 10-36.12 is hereby repealed and -re-enacted
as follows:
10-36.12 Uses Permitted in R-5 Districts.
A. Mobile home parks subject to the provisions
of Part III, Chapter 10 of this Code.
B. Mobile home subdivisions, subject to the
provisions of Part III, Chapter 10 of this Code.
C. Modular homes and manufactured housing as
defined herein, subject to the zone district standards for the
R-1 Zone if the unit is a single family dwelling, the R-2 Zone
if the unit is a two-family dwelling and R-3 Zone if the unit
is multi-family.
Section 9. Part III of Chapter 10 is hereby repealed in its
entirety and re-enacted as follows:
PART III
MOBILE HOME PARKS AHD MOBILE HOME SUBDIVISIONS
10-55 Purposes. The purpose of this Part III is to
protect the health, safety and welfare of the people of the Town
of Firestone. Furthermore, it is the intent of this chapter to
achieve the following:
a) To make provision for an alternative choice
of housing.
b) To encourage efficient and functional use of
land for mobile home parks and subdivisions.
c) To minimize potential impacts on surrounding
land uses through the site plan process.
10-56 Definitions. The words and phrases in this
chapter have the meanings ascribed to them in this section:
a) Building Inspector. The designated inspector
of the Town of Firestone, Colorado.
b) Trustees. The Board of Trustees of the Town
of Firestone, Colorado.
c) Commission. The Planning and Zoning Commission
of the Town of Firestone, Colorado.
d) Mobile Home Park. A parcel of land under single
ownership or control, and licensed as a mobile home park as
provided for in this chapter.
-4-
e) Mobile Home Park Permit. A written permit
issued by the building official permitting the construction,
alteration or operation of a mobile home park.
f) Mobile Home Space. A plot of ground~ within
a mobile home park designed for the accommodation of one mobile
home.
g) Mobile Home Subdivision. A subdivision designed
and intended to provide individual lots for residentiat occupancy
in a mobile home.
h) Mobile Heme Development. A mobile ho~e park or
a mobile home subdivision.
10-57 Where Mobile Hornes Are Allowed.
a) Mobile homes shall be located only in mobile
home developments approved by the Town of Firestone in accordance
with the procedures set forth in this chapter. The location and
establishment of mobile home developments shall be subject to all
applicable provisions of the Zoning Ordinance, which stipulates
mobile homes are to be located only in the R-5 district.
b) No mobile home shall be parked upon any alley
or public ground within the Town nor shall the same be parked on
any street within the Town for a period in excess of twenty-four
hours; provided, however, that this section shall not be construed
to prohibit the parking of uninhabited, unused mobile homes upon
private property for the purposes of storage or sale upon compliance
with all other applicable provisions of this code and other
ordinances of the city. Further, no mobile home shall be occupied
for dwelling purposes unless it is properly placed in a mobile home
space or lot and connected to water, sewage, el~ctric and gas,
utilities, as appropriate.
c) No mobile home shall be occupied in a mobile home
development unless the mobile home is situated on a designated
mobile home space or lot.
10-58 Procedure for New Mobile Home Development.
a) Before any permits can be issued for construction
of a mobile home development, a site plan shall be submitted and
approved by the Trustees.
b) Applicants for mobile home subdivisions, in
addition to meeting site plan requirements as stated in sub-
section (a) shall obtain Trustee approval of the subdivision plat
in accordance with the provisions of the land subdivision
regulations of the Town of Firestone.
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c) Mobile home parks legally existing on the
date of adoption of this chapter shall not be affected by the
provisions of this chapter unless (1) an expansion of the park is
requested, or (2) an increase in the number of mobile home spaces
over that approved on. their mobile home park permit is requested.
d) Mobile home parks legally existing on the date
of adoption of this chapter shall be subject to the annual
licensing process and fees as set forth in this chapter.
10-59 Mobile Home Subdivision.
10-59.1 Standards. The following standards
and requirements shall apply to mobile home subdivisions.
10-59.2 Bulk Requirements. The following are
the minimum requirements for mobile home subdivisions. Aesthetic,
environmental or facility design may necessitate exceeding the
minimum specified.
a)
b)
c)
d)
e)
f)
g)
h)
i)
j )
Parcel Size
Parcel Street Frontage
Single Wide Unit Lot Size
Single Wide Unit Lot Frontage
Double Wide Unit Lot Size
Double Wide Unit Lot Frontage
Front Setback from Property Line
Rear Setback
Side Setb.ack
Useable Open Space per Mobile Home
5
50
4000
40
5000
50
15
10
5
Acres
Feet
Square Feet
Feet
Square
Feet
Feet
Feet
Feet
Feet
Lot 1200 Square Feet
k) Side and rear spacing of mobile homes shall provide for a
minimum of 20 feet between units.
1) The required lot frontage may be measured along the front
setback line provided, however, the lot width at the street line,
as measured in a straight line where the lot lines intersect the
street lines, is a minimum of 20 feet.
m) Only one mobile home dwelling unit shall be allowed on each
lot.
10-59.3 Off-Street Parking Requirements.
a) Every mobile home lot shall include 2 paved
off-street parking spaces located 5,feet to the rear of the
front lot line. In order to meet this requirement, tandem parking
design can be utilized.
10-59.4 Street and Sidewalk Design Standards. All
streets in the mobile home subdivision shall be dedicated to the
public and built to Town of Firestone street construction standards
and specifications.
10-59. 5 Ut·ili ty Design Requirements. All public
utilities shall be installed underground in accordance with the
Building Code of the Town of Firestone.
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10-59.6 Building Code Requirements.
a) All mobile homes in mobile home subdivisions
shall be certified as meeting the Mobile Home Construction and
Safety Standards of the U. S. Department of Housing and Urban
Development.
b) Prior to moving any mobile home into a mobile
home subdivision, the owner or other authorized person shall
obtain a permit issued by the building inspector. The permit shall
be valid for a period of 90 days following its issuance. No
permit shall be issued to set-up a mobile home subdivision. This
permit shall include provisions that the mobile home owner shall
be responsible for any damages to streets, sidewalks or other public
areas or structures within the mobile home subdivision that may
be caused in moving the mobile home onto the lot.
c) Skirting of an acceptable quality shall be
attached to all mobile homes within 90 days of the date of
issuance of the permit.
d) Mobile homes shall be tied down in accordance
with the Building Code of the Town of Firestone.
e) Prior to occupancy the building inspector
shall inspect each mobile home to determine compliance with this
code. No occupancy shall be permitted or certificate of occupancy
issued until said inspection and all connections to public
utilities have been made.
f) A permit shall be required to move a mobile
home from a mobile home lot. The building inspector shall issue
these permits and said permit shall include provisions that the owner
shall be responsible for any damages to streets, sidewalks or
other public areas or \3tructures within the mobile home sub~
division that may be caused in moving the mobile home from a lot.
The permit shall also be conditioned upon proper disconnection
from public utilities.
g) Fees for any of the permits required by this
section shall be established by the Trustees by resolution from
time to time.
10-59.7 Homeowner's Association. All mobile home
subdivision developers may establish an association of property
owners. The association shall satisfy standards established by
the Trustees by resolution to include, but not limited to, the
following:
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a) Mandatory participation in an association
of property owners to maintain all CO!T'JTIOn areas, buffer areas
and vacant lots within the subdivision to enforce restrictive
covenants.
b) Binding effect on all future property
owners;
c) Perpetual existence;
d) Unaffected by any change in zoning or
land use;
e) Assurance of adequate maintenance;
f) Enforceable by the Trustees by legal
action; and,
g) That if maintenance or preservation of common
areas or lots no longer comply with the provisions of the asso-
ciation's document, the Trustees may take all necessary action to
assure compliance and assess the association all costs incurred
by Firestone for ~uch purposes, including reasonable attorney's
fees.
10-60 Mobile Eome Parks
10-60.1 Mobile Home Park Permits.
a) It is unlawful for any person to construct,.
operate, maintain or alter a mobile home park in the Town of Firestone
without first having secured a permit from the Town to do so.
b) Application for a mobile home park permit
shall be made in writing to the Town Clerk and shall contain
the following information:
1. The name and address of the applicant.
2. The name and operator of the mobile home park.
3. A copy of the_ site_plan to be approved:by the
Trustees and recorded at _the County Clerk and Recordet's office.
Mobile home parks existing on the date of adoption of this chapter
shall utilize plans already on file with the building inspector
unless changes are required.
\
c) No permit may be issued for a mobile home park
unless a certificate is presented that shows all properiy taxes,
real and personal, and all special assessments have been paid to
date.
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"
d) All annual operating permits shall expire on
April 30th. Application for permit renewal shall be made at
least thirty days prior to the expiration date. The application
for such permit, or renewal thereof, shall be accompanied by an
annual fee of fifty dollars for the first twenty (20) mobile
home spaces, or part thereof, and two dollars and fifty cents
for each additional mobile home space in the existing or proposed
mobile home park.
e) l,o mobile home park permit shall be trans-
ferable or assignable.
f) If the building inspector determines that
the mobile home park is in compliance with all provisions of this
code and other applicable regulations, he shall issue a mobile
home park permit.
10-60.2 Standards. The following standards shall
apply to all mobile home parks which shall be subject to .review
and approval through the site plan process.
10-60.3 Bulk Requirements. The following are
minimum requirements for mobile home parks:
Park Site
a) Minimum Area 5 Acres
b) Minimum Lot Width 100 Feet
c) Minimum Yards:
Mobile Home Space
4,000 Square Feet
40 Feet--Si"ngle Wide Unit
50 Feet--Doubl~ Wide Unit
1. The distance between any building or mobile home
from a property line of the park shall be 20 feet.
2) The front setback of a mobile home, exclusive
of the towing hitch, shall be 15 feet from the back of the curb on
interior streets or drives.
3) Side and rear spacing_ shall provide for a distance
of 20 feet between units.
4) There shall be a minimum setback of 18 feet between
any service facility or mobile home park permanent building and
any mobile home.
10-60.4 Space Markers. Each mobile home space
shall be clearly marked on the ground by permanent stakes,
markers or other suitable means.
10-60.5 Street Design Standards. All interior
streets in mobile home parks shall be privately owned and
maintained by the mobile home park owner and shall be built to
Town of Firestone ~treet construction standards.
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10-60.6 Off-Street Parking.
a) Every mobile home park space shall have one
paved off-street parking space adjacent to the mobile home
stand. There shall be one additional designated parking space
for each mobile home space within 100 feet of the space for
exclusive use of its occupants.
b) Where open space, community facilities or
other amenity is provided privision shall be made for user
parking off the street in accordance with the provisions of
Zoning Ordinance.
10-60.7 Utility Design Requirement.
a) All public utilities shall be installed
in accordance with the Town of Firestone Building Code.
b) Mobile home parks shall have one master meter
for water service.
10-60.B Mobile Home Stands. Shall be installed
in accordance with the Town of Firestone Building Code.
10-60.9 Building Requirements.
a) Mobile homes in mobile home parks shall be
requiared to meet Department of Housing and Urban Development
standards.
b) All mobile homes shall be skirted, but such
skirting shall not attach the mobile home permanently to the
ground, provide a harborage for rodents or create a fire hazard.
c) Additions to increase the floor area of mobile
homes within the mobile home park shall be permitted except that
such additional room, including cabanas, patios or porches, does
not exceet twenty percent of the square foot area of the mobile
home.
d) Prior to occupancy, the building inspector
shall inspect each mobile home to determine compliance with this
code. No occupancy shall be permitted or certificate of occupancy
issued until said inspection and all connections to public
utilities have been made. Fees for this inspection shall be
established by the Trustee by resolution from time to time.
e) All additions shall comply with minimum yard
requirements, and a building permit shall be required in advance
for any such addition.
10-61 Drive Names and Addresses. All mobile home park
streets shall be named on a plan submitted by the owner for approval.
Each space shall be numerically designated for address• .and mail
purposes and signs furnished and installed by mobile park owner.
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10-61.1 Solid Waste Disposal.
a) The owner of any mobile home park shall be
responsibile for the promulgation and enforcement of rules and
regulations governing solid waste storage and handling that
meet city, state or federal regulations.
b) The owner shall provide containers for the
storage of solid wastes awaiting collection. Containers are to
be sized to completely contain all solid wastes that are generated
on the premises. Such containers shall conform to all applicable
Town specifications er regulations, including size, sanitary
conditions, physical conditions and container closure.
c) The owner shall provde an adequate location
or locations for such containers which shall facilitate the
collection of solid wastes from the park. Such locations shall
be accessible to collection vehicles and to occupants of the park.
The collection vehicle should be able to remain on a public street
or alley and be able to stop directly adjacent to the container
location. If private drives must be used, they should provide
sufficient space around parked vehicles for easy operation of the
collection vehicle without backing the vehicle.
d) The collection points, including the containers
located therein, shall be kept in a neat and sanitary condition
by the owner or his agent.
10-61.2 Revocation of Permit.
A) It shall be the responsibility of the owner
to insure that all requirements of this chapter are met and
maintained.
b) When it appears to the building inspector, the
chief of the fire departme;1t, or the marshall that any person
holding a license under this chapter has violated any of the
provisions of this chapter or any health or safety regulation
of the Town, a written notice shall be served upon such owner in
person or by certified mail specifying the violation of this
chapter or any health or safety regulation and requiring him to
appear before the Trustees at a time specified therein not less
than ten (10) days after:such service, and to show cause why such
license should not be suspended or revoked. At such time, the
owner and the fire, police and building inspector of the Town may
produce such evidence as may be relevant to determine whether the
violation contained in the charge has been committed. If the Trustees
find that such violation has not been committed, the Trustees
shall so advise the owner and the owner shall be permitted to
continue operation, but if the Trustees find from the evidence
that such violation has been committed, the Trustees shall so
advise the owner and may suspend or revoke the license.
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c) It shall be unlawful for any person whose
license has been revoked or suspended to operate, continue
to operate or offer to operate any mobile home park after the
date of such revocation or during the term of suspension, as
the case may be.
10-60.3 Office and Register Required. Every
mobile home park shall have an office in which a copy of the park
permit and certificate of occupancy shall be posted, and the park
register shall be kept in such office. It shall be the duty of
the owner to keep a register of park occupancy which shall be
current at all times and contain the following information:
a) Full name and address in the park of the owner
of the mobile home or his tenant or agent.
b) The make, model, serial number, year and
dimension of each mobile home.
c) The date of arrival and departure of each
mobile home and destination.
10-60.4 Site Plan.
10-60.5 Plan Contents. Before any permit is issued
for construction of a mobile home development, a site plan and
required documentation shall be submitted to and approved by the
Trustees. The plan shall be prepared by a registered land
surveyor or registered professional engineer and shall be drawn
to a scale of no less than 1"=100' and shall include as a minimum
the following:
a) North arrow, date of plan, engineer's scale
and legend.
b) Boundaries and area of mobile home development,
legal description of property, and total spaces in the area.
c) Names of adjacent public streets, roads, and
existing zoning of adjacent property.
_}
d) Name and address of fee owner and record
owner of the proposed mobile home development; and name, address
and phone number of firm or individual responsible for site plan.
e) Topography, showing existing and proposed grades
at one foot intervals.
f) All required set back lines, shown as. dashed
lines.
g) Landscaping and buffer areas.
h) Location and dimensions of all mobile home
lots or spaces and a schedule of units per acre.
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i) Lot and block numbering system of lots
or numbering system for each mobile home space.
j) Location and dimensions of existing and
proposed right-of-ways, easements and proposed street
names.
k) Location and plans of any buildings to be
constructed in the mobile home development.
1) Surface drainage and storm sewer plan.
m) Paving and drainage plans showing the
directions and calculated quantities of run-off. Street and
drainage construction shall be to the specifications of
the Town as to location and grade. Drainage improvements shall
be sufficient to contain drainage flow.
n) Plans and profiles of all roads and main storm
drainage and sanitary sewer facilities.
o) Location and dimensions of trash diposal areas
or enclosures.
p) Location and size of proposed water and sewer
service connections.
q) Either proposed homeowner's association and re-
strictive covenants for a mobile home subdivision or tenant rules
and regulations and plans for operation of mobile home park.
10-61.6 Site Design Requirements.
a) Principal vehicular access points shall be
designed to encourage smooth traffic flow with controlled turning
movements and minimum hazards to vehicular or pedestrian traffic.
In general, minor streets shall not be connected with streets out-
side the district in such a way as to encourage the use of such
minor streets by substantial amounts of through traffic. No site
within the park shall have direct vehicular access to a street
bordering the development. There shall be at least two connections
to the public street system.
b) Access for pedestrians and cyclists to and from
the mobile home development shall be by safe and convenient routes.
Such ways need not be adjacent or limited to the vicinity of vehicular
access points. Where there .are crossings of such ways and vehicular
routes at the perimeters of mobile home developments, such crossings
shall be safely located, marked and controlled, and where such
ways are exposed to substantial vehicular traffic, safeguards may
te ~e.,.~uir"ed /0 v;~-::~-17;;--,t c:-c--~s=:~ :-,':~. ~.;zr;c;:,': ;:1t ~}esi'::;-;€}t~d points.
bicycle paths, ii i,:rv1io.ec, :oi,all JJe :ov l<clate0 tv the pedestrian
way system that street crossings are combined.
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' .
c) (1) Where mobile home developments adjoin
public streets located along exterior boundaries, a landscaped
buffer at least 10 feet wide shall be provided adjacent to
such streets. Such area may be used to satisfy open space
requirements for individual dwellings, but shall not contain
carports, recreational shelters, storage structures, or any other
structures generally prohibited in yards adjacent to streets in
residential districts. No direct vehicular access to individual
lots shall be permitted through such yards, and no group parking
facilities or active recreation areas shall be allowed therein.
(2) Where mobile home developments are so
located that one or more boundaries adjoin neighboring residential
districts without an intervening street, alley or other permanent
open space at least 20 feet in width, a buffer at least 10 feet
wide shall be provided.
(3) Along the perimeter of mobile home
developments, walls or vegetative screening shall be provided
where needed to protect residents from undesirable views, lighting,
noise, or other off-site inconsistant land use characteristics
of mobile home parks and residential districts. In particular,
extensive off-street parking areas and service areas for loading
and unloading of_ other than passenger vehicles, and storage and
collection of trash and garbage, shall be screened.
d) In mobile home parks only, adequate light shall
be provided to illuminate streets, driveways and walkways for the
safe movement of vehicles and pedestrians at night.
10-61.7 Site Plan Review Procedures.
a) The site plan of the proposed mobile home
development shall be submitted in six copies to the building
official. The fee to be paid at submittal shall be determined by
Trustees' resolution from time to time.
b) The Trustees may receive the site plan at a
regular meeting after it determines that the site plan is ·
complete. The Trustees shall approve, modify and approve, or
disapprove the site plan within 65 days after date of receipt of
the site plan.
c) The site plan as approved by the Trustees shall
be binding and shall not be changed during the construction of the
mobile home development. Substantial changes from an approved plan
shall be approved by the Trustees.
d) In the case of a mobile home subdivision, the
requirements of a site plan and site plan approval may be incor-
porated into any required plat and considered as one document.
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Section 10. 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 11. 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 the Ordinance would have been adopted
even if such unconstitutional or invalid matter had not been
included therein. It is further ~eclared that if any provision
or part of this Ordinance, or the applicalioh thereof to any
person or circumstances, is held invalid, the remainder of this
Ordinance and the application thereof to other persons 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 public health, safety,
convenience, and general welfare, and it is enacted for that
purpose and shall be in full force and effect after passage and
final publication.
Approved, adopted and ordered published b.y the ~d of Trustees ·
of the Town of Firestone on this g# day of "t ~ , 1983.
MAYOR:
ATTEST:
~/AKL~~ own Clerk