TOUN OF GYPSUM, COLORADO ORDINANCE #01 SERIES, AN ORDINANCE REPEALING FROM AND ADDING TO THE MUNICIPAL CODE OF THE TOUN OF GYPSUM, COLORADO, REPEALING CHAPTER 4, OF TITLE 15 AND ADDING A NEU CHAPTER 4, OF TITLE IS UHICH ADOPTS THE FOLLOUING CODES BY REFERENCE, THE UNIFORM BUILDING CODE, 1991 EDITION; UNIFORM MECHANICAL CODE, 1991 EDITION; UNIFORM FIRE CODE, 1993 EDITION; NATIONAL ELECTRICAL CODE, 1993 EDITION; UNIFORM PLUMBING CODE, 1991 EDITION; AND AMENDING THESE CODES. UHEREAS, the Toun Council finds that certain of Uniform codes nou are out of date or should be amended, and UHEREAS, the Toun Council finds that for purposes of uniformity and pursuant to an Intergovernmental Agreement the updated Uniform Codes should be adopted. NOU, THEREFORE, BE IT ORDAINED BY THE TOUN OF GYPSUM COLORADO: THAT TITLE 15, CHAPTER 4, OF THE GYPSUM MUNICIPAL CODE IS HEREBY REPEALED AND A NEU TITLE 15, CHAPTER 4, OF THE GYPSUM MUNICIPAL CODE IS HEREBY READOPTED AS FOLLOUS: 15,04.010 APPLICATION A. The Uniform Building code and Uniform Code for Abatement of Dangerous Buildings of the International Conference of Building Officials, 1991 Edition, with Appendices; the Uniform Mechanical Code of the International Conference of Building Officials, 1991 Edition, ulth Appendices; the National Electrical Code of the National Fire Protection Association, 1993 Edition, uith Appendices, uith the Uniform Administrative Code Provision for the National Electrical Code of the International Conference of Building Officials, 1991 Edition; the Uniform Plumbing Code, the Uniform Su1mming Pool, Spa, and Hot Tub Code, and the Uniform Solar Energy Code of the International Association of Plumbing and Mechanical Officials, 1991 Edition, and any and all amendments to said codes and/or standards as of the date of execution of this Ordinance, are hereby adopted by this reference and Incorporated herein as if set forth 1n full (hereinafter collectively referred to as "code"); and shall apply to all duellings, buildings and structures located In the area of the Toun of Gypsum, hereinafter referred to as the "regulated area," unless otheruise provided. Said codes and/or standards set forth in this subsection 15.04.010 shall be available from the Building Official, Department of Community Development, County of Eagle, 500 Broaduay, Eagle, Colorado 81631.
Transcript
TOUN OF GYPSUM, COLORADO
ORDINANCE #01SERIES,
AN ORDINANCE REPEALING FROM AND ADDING TO THE MUNICIPAL CODE OFTHE TOUN OF GYPSUM, COLORADO, REPEALING CHAPTER 4, OF TITLE 15AND ADDING A NEU CHAPTER 4, OF TITLE IS UHICH ADOPTS THEFOLLOUING CODES BY REFERENCE, THE UNIFORM BUILDING CODE, 1991EDITION; UNIFORM MECHANICAL CODE, 1991 EDITION; UNIFORM FIRECODE, 1993 EDITION; NATIONAL ELECTRICAL CODE, 1993 EDITION;UNIFORM PLUMBING CODE, 1991 EDITION; AND AMENDING THESE CODES.
UHEREAS, the Toun Council finds that certain of Uniformcodes nou are out of date or should be amended, and
UHEREAS, the Toun Council finds that for purposes ofuniformity and pursuant to an Intergovernmental Agreement theupdated Uniform Codes should be adopted.
NOU, THEREFORE, BE IT ORDAINED BY THE TOUN OF GYPSUMCOLORADO:
THAT TITLE 15, CHAPTER 4, OF THE GYPSUM MUNICIPAL CODE ISHEREBY REPEALED AND A NEU TITLE 15, CHAPTER 4, OF THE GYPSUMMUNICIPAL CODE IS HEREBY READOPTED AS FOLLOUS:
15,04.010 APPLICATIONA. The Uniform Building code and Uniform Code for Abatement ofDangerous Buildings of the International Conference of BuildingOfficials, 1991 Edition, with Appendices; the Uniform MechanicalCode of the International Conference of Building Officials, 1991Edition, ulth Appendices; the National Electrical Code of theNational Fire Protection Association, 1993 Edition, uithAppendices, uith the Uniform Administrative Code Provision forthe National Electrical Code of the International Conference ofBuilding Officials, 1991 Edition; the Uniform Plumbing Code, theUniform Su1mming Pool, Spa, and Hot Tub Code, and the UniformSolar Energy Code of the International Association of Plumbingand Mechanical Officials, 1991 Edition, and any and allamendments to said codes and/or standards as of the date ofexecution of this Ordinance, are hereby adopted by thisreference and Incorporated herein as if set forth 1n full(hereinafter collectively referred to as "code"); and shall applyto all duellings, buildings and structures located In the area ofthe Toun of Gypsum, hereinafter referred to as the "regulatedarea," unless otheruise provided. Said codes and/or standardsset forth in this subsection 15.04.010 shall be available fromthe Building Official, Department of Community Development,County of Eagle, 500 Broaduay, Eagle, Colorado 81631.
B. Ulhere the requirements or conditions imposed by a provision ofthis Ordinance or the above-referenced codes and/or standardsdiffer from the requirements or conditions imposed by a provisionor another lau, ordinance, resolution or order having applicationIn the Toun of Gypsum, the provision uhich is more restrictive shallgovern. Not u1th-stand1ng the foregoing, the most restrictiveprovision shall not apply uhen a provision of an above referencedcode is specifically amended or deleted and so Identified u1thinthis ordinance and then the terms of this ordinance shall apply.(Ord. 1 series 1994)
15.04.011 PERMIT REQUIREMENTS/REFERENCESA. Table 1 entitled "Toun of Gypsum Permit Requirements" as setforth in the Tables Included 1n the text hereof is herebyincorporated herein by this reference. Table 1 sets forth theprojects uhich may require permitCs), if any, and identifies thespecific type of permitCs) required and the site inclusionrequirements. Additional permits not identified in Table 1 mayalso be required.
B. It shall be the duty of the person and/or entity of aproposed project uhich is not specifically set forth In Table 1to contact the Building Official of the Department of CommunityDevelopment, County of Eagle, Colorado, for a determination ofthe type of permitCs) required, if any, and the site Inclusionrequirements. (Ord. 1 series 1994)
15.04.012 DEFINITIONS
A. For the purpose of this Ordinance all uords, terms andexpressions contained herein shall be interpreted in accordanceuith the definitions set out in the 1991 Code, except that:
B. BUILDING OFFICIAL OR INSPECTOR shall mean the Eagle CountyChief Building Official and the Building Official's dulyauthorized deputies, Inspectors, staff and other reasonablyInvolved 1n code administration and enforcement.
C. CERTIFICATE OF OCCUPANCY shall mean no building or structureshall be used or occupied, and no change In the existingoccupancy classification of a building or structure or portionthereof shall be made until the building official has issued aCertificate of Occupancy therefor as provided herein.
EXCEPTION: Group R, Division 3 and Group M Occupancies.Issuance of a Certificate of Occupancy shall not be construed asan approval of a violation of the provisions of this code or ofother ordinances of the Jurisdiction. Certificates presuming togive authority to violate or cancel the provisions of this codeof other ordinances of the jurisdiction shall not be valid.Certificate of Occupancy for one- and tuo-famlly CR-3)occupancies may be auared upon special request.
D. CHIEF OF THE FIRE DEPARTMENT shall mean the head of the fireprotection district having jurisdiction, or his regularlyauthorized deputies.
E. CODE shall mean the 1991 Uniform Building Code and UniformCode for Abatement of Dangerous Buildings of the InternationalConference of Building Officials, 1991 Edition uith Appendices;Uniform Mechanical Code of the International Conference ofBuilding Officials, 1991 Edition uith Appendices; the UniformPlumbing Code, the Uniform Su1mming Pool, Spa and Hot Tub Code,and the Uniform Solar Energy Code of the InternationalAssociation of Plumbing and Mechanical Officials, 1991 Edition;National Electrical Code of the National Fire ProtectionAssociation, 1993 Edition, uith Appendices, uith the UniformAdministrative Code Provisions for the National Electrical Codeof the International Conference of Building Officials, 1991Edition, and all amendments to said Codes and/or Standards as ofthe date of the execution of this Ordinance and as set forth inSection 15.04.014 of this Ordinance.
F. TOUN shall mean the area of The Toun of Gypsum Inside of theincorporated limits, hereinabove referred to as the "regulatedarea".
G. FACTORY-BUILT HOUSING UNIT shall mean any structure orcomponent thereof, designed primarily for residential occupancy,either permanent or temporary uhlch 1s uholly or 1n substantialpart made, fabricated, formed or assembled in a manufacturingfacility Intended for assembly and installation, on a permanentfoundation as a building site and uhlch carries a ColoradoDivision of Housing "Factory-Built Unit Certification".
H. FINAL INSPECTION shall mean a final inspection and finalapproval of all buildings and structures uhen deemed complete andready for occupancy and use. A final inspection approval forone- and tuo- family duelling units may be granted only if, butnot limited to, the follouing components of a project arecomplete and uithin the UBC Codes, and approved by the EagleCounty Building Official.
1. Kitchen complete and operative.2. All bathrooms complete and operative as per the approved
plans.3. All smoke detectors installed per UBC 1210 and
operative.4. The follouing life safety items are fully installed:
a. Address Numbersb. HandraiIs.c. GuardraiIs.d. Decks.e. Stairs.f. Separation betueen the garage and house complete,
20 minute labeled door uith closure (must latch).5. Furnace/Boiler operable.
fe. Final Electrical approval.7. Final Mechanical and Plumbing approval.8. Fire department revieu and approval of Commercial or
Multl-Family projects uhere required.9. All required permits are issued.10. Culvert under the drlveuay installed per Toun of Gypsum
specifications (located on the approved drauing), andthe on-s1te drainage improvements are cleaned to allouuater to flou freely.
11. Positive drainage auay from the structure at alllocations.
12. The exterior of the building shall be completed,Including roof assembly and parking areas, as perapproved plans.
13. Sufficient roaduay access for emergency vehicles.I. HEALTH OFFICER shall mean the Eagle County Health Officer asappointed by the Eagle County Board of Health. For the purposeof administering the Individual Seuage Disposal SystemRegulations (Chapter IV Eagle County Land Use Regulations), theEnvironmental Health Officer has been designated as his dulyauthorized representative.
J. MANUFACTURED HOUSING (MOBILE HOME) shall mean afactory-assembled structure or structures equipped with thenecessary service connections and made so as to be readilymoveable as a unit or units on its (their) own running gear anddesigned to be used as a duelling unit(s) without permanentfoundation. ANSI A119-1: (1)(1) The phrase "uithout a permanent foundation" Indicates thatthe support system is constructed uith the Intent that the mobilehome placed thereon u i l l be moved from time to time at theconvenience of the ouner. (American National Standards Institute(ANSI) Article A119.1: Standard for Mobile Homes, National FireProtection Association (NFPA Edition No. 501A, 1990) Section 1-2)
K. LOFT shall mean any story or floor area 1n a building whichis open to the floor directly belou, but uhich does not qualifyas a mezzanine due to its failure to comply uith one or more ofthe items specified for mezzanine floors in Section 1717. Atleast one side of the loft shall be at least 50% open to the roombelou. Lofts may be habitable space or non-habitable space.(Habitable lofts in residential occupancies shall be consideredas sleeping rooms or bedrooms).
L. LOT shall mean any legal parcel of land created in complianceuith the Toun of Gypsum Subdivision Regulations on record in theoffice of the Toun of Gypsum or Eagle County Clerk and Recorder.
M. ROAD OR STREET shall mean a uay or right-of-uay reserved forpublic or private use (other than an alley) uhich also providesprimary vehicular and pedestrian access to adjacent properties;it may also by used for drainage or utility access to adjacent
properties, and may include the terms: avenue, drive, hlghuay,lane, place, road or other similar designation.
N. SIGN shall mean any letters, figures, design, symbol,trademark, Illuminating device, or other device Intended toattract attention to any place, subject, person, firm,corporation, public performance, article, machine or merchandisewhatsoever, and painted, printed, constructed or displayed In anymanner whatsoever.
0. SITE shall mean any parcel or area of land having an areasufficient to satisfy the provisions of the Toun of GypsumSubdivision Regulations.
P. TEMPORARY CERTIFICATE OF OCCUPANCY for one- and tuo-famllydwelling units (R-3 occupancies) shall mean a TemporaryCertificate of Occupancy that may be Issued when, but not limitedto, the following components of a project are complete andapproved by the Eagle County Building Official.
1. Kitchen operative.2. One bathroom operative as per the approved plans,3. All smoke detectors Installed per UBC 1210 and
operative.4. The following life safety Items are fully installed:
a. Address Numbers.b. Handra11s.c. GuardraiIs.d. Decks.e. Stairs.f. Separation between the garage and house complete,
20 minute labeled door with closure (must latch).5. Furnace/Bo11er Is operab1e.6. Final Electrical approval.7. Final Mechanical and Plumbing approval.8. Culvert under the driveway Installed per County
specifications (located on the approved drawing), andthe on-slte drainage Improvements are cleaned to allowwater to flow freely.
*9. Positive drainage away from the structure at alllocations.
10. The permit holder and owner/buyer/occupant shall enterInto a Temporary Certificate of Occupancy requestagreement wherein they agree that all requiredcorrections as stated by the Building Official arecompleted within the required 30 day timeline. Theagreement shall be presented to the Building Officialprior to the Issuance of any Temporary Certificate ofOccupancy.
11. Sufficient roadway access for emergency vehicles.The Temporary Certificate of Occupancy agreement shall besubmitted and approved by the Building Official.
The Temporary Certificate of Occupancy for one- and tuo-famllyduellings shall have a time period of up to, but not more than,30 days from date of Issuance.
The Temporary Cert1f1cate shall be posted In a conspicuousplace on the premises until final approval for occupancy Iscomplete. (Ord. 1 series 1994)
Q. TEMPORARY CERTIFICATE OF OCCUPANCY for Commercial orMulti-Family, 3 or more units (A, B, E, H, I & R-l occupancies)shall mean a Temporary Certificate of Occupancy that may beIssued uhen, but not limited to, the following components of aproject are complete and approved by the Eagle County BuildingOfficial.
1. Kitchen operative.2. One bathroom operative.3. All smoke detectors Installed per UBC 1210 and
operative.4. The following life safety Items are fully Installed:
a. Address Numbers.b. Handral1s.c. GuardraiIs.d. Decks.e. Stairs.f. Separation between the garage and house complete, 20
minute labeled door with closure (must latch).5. Furnace/Bo11er Is operab1e.t>. Final Electrical approval.7. Final Mechanical and Plumbing approval.8. Fire department review and approval of Commercial and
Multl-Family projects where required.9. Culvert under the driveway Installed per Town of Gypsum
specifications (located on the approved drawing), andthe on-slte drainage Improvements are cleaned to allowwater to flow freely.
10. Positive drainage away from the structure at alllocations.
11. Commercial or Mutll-Famlly Residential (3 or moredwelling units) projects shall be required to have acompleted core and shell Inspection. The exterior ofsaid buildings shall be required to be completed,Including roof assembly. The Interior of said buildingsshall have all exit corridors, ramps, stairways, smokeproof enclosures, horizontal exits, exit passageways,courts, yard and entry ways completed In all occupiedareas. Separate adequate parking shall be required forthe public in said buildings.
12. Uhere the landscaping, revegetatlon, drainage or culvertInstallation, required under Section 2.07.01 (4) ofthese Land Use Regulations for the purposes ofpreventing land erosion, Improper drainage, damage toproperties and unslghtlIness In residential zonescontaining multi-family dwellings and in all portions oflots In CL, CG, I, and PUD Zone Districts, It is not
complete, or uhere Public Improvements are requiredunder Section 2.20 of the Eagle County Land UseRegulations, a Temporary Certificate of Occupancy maybe awarded upon submlttal and approval of a properlyexecuted Construction Improvement Agreement. If theImprovements required for Issuance of a finalCertificate of Occupancy have not been completed ulthlnone year of the date of Issuance of the TemporaryCertificate of Occupancy, the County may arrange suchcompletion using the collateral. Should compliance beattained any time prior to the expiration of one year,the collateral ul11 be returned to the permittee uponIssuance of the Final Certificate of Occupancy.
13. Sufficient roadway access for emergency vehicles.Requirement Improvements col lateral 1 zed under asubdivision Improvements agreement to which the Countyis a party may not be required to be furthercol lateral 1 zed under this sub-section.
The Temporary Certificate of Occupancy agreement shall besubmitted and approved by the Building Official.
The Temporary Certificate of Occupancy for Commercial orMultl-Family duellings shall have a time period of up to, but notmore than, one year from date of issuance, uhere a project doesnot have a Construction Improvement Agreement.
The Temporary Certificate shall be posted 1n aconspicuous place on the premises until final approval foroccupancy is complete.
R. WORK shall mean the construction, demolition, alteration,repair, moving or change in the class of occupancy of anybuilding, equipment or structure, and shall Include theinstallation, construction, alteration or repair of any privateor subsurface sewage-disposal system, and the placement and useof a mobile home as a living unit elsewhere than 1n an approvedmobile-home park as defined 1n the Toun of Gypsum ZoningRegulations, Section 18.16.040. (Ord. 1 series 199 >
15.04.013 AMENDMENTS TO THE 1991 COPE
A. UHERE the requirements or conditions Imposed by a provisionof this Ordinance differ from the requirements or conditionsImposed by the 1991 Code, the most restrictive shall govern.
B. THE UNIFORM BUILDING CODE, 1991 EDITION IS SPECIFICALLYAMENDED AS FOLLOWS:
1. Amendment of Section 202 <a> the first sentence of thefirst paragraph Is changed to read: "The Building Official 1shereby authorized and directed to enforce all of the provisionsof this Code; however, a guarantee that all buildings andstructures have been constructed 1n accordance ulth all provisions
of this Code Is neither intended nor Implied".2. Amendment of Section 301 (b) Item 1 "Permits": One story
detached buildings used as tool and storage sheds, playhouses andsimilar uses, provided the projected roof area does not exceed120 square feet and the height of said buildings does not exceed10 feet at peak of roof. These buildings must specifically notbe intended or used for human habitation. Amendment of Section301 Cb) 7: Decks not more than 30 inches above grade and notmore than 20 square feet, ui11 not require a Building Permit.
3. Amendment of Section 303 <a) "Issuance" to add thefollouing paragraph:
A building permit u l l l not be Issued in the Toun of Gypsumjurisdiction until all construction draulngs, applications, andpermit fees are submitted and approved. NotuithstandIng theforegoing, a footing and foundation permit may be Issued prior tothe receipt of other permit information, if adequate structural,site plan, flood plain and geological hazard Information isprovided.4. Amendment of Section 303 (d): No permit shall be extendedmore than once; is hereby deleted.5. Amendment to Section 304 <b> Valuation - to add the follouingsentence:
The valuation for building permits In the Toun of Gypsumshall be based on the average cost figures per square foot shownin the Building Valuation Data Chart published bi-monthly in theBu11d1ng Standards Magaz1ne of the International Conferenceof Building Officials.
6. Amendment of Section 305 <b) "Inspection Record Cards" to addthe follouing sentence:
Inspection Record Cards shall be posted as described InTable No.8, Included In the text hereof and Incorporated hereinby this reference.
It shall be the responsibility of the permittee to displaythe Building Permit card on the job site throughout theconstruction process for inspectors signatures.
For Temporary Certificate of Occupancy or Certificate ofOccupancy approval to occur, this card must be fully signed andreturned to the Toun of Gypsum Office.
If this card becomes lost or unreadable, there u111 be a$20.00 fee to update or replace the card.
7. Amendment of Section 306 (a) "Special Inspection" to addthe follouing sentences:
LOG HOMES: A third party inspection by a certified logInspection agency shall be required of all structural log type
ELEVATORS: Elevators Installed in all structures shallrequire a third party plan revleu and inspection be a certifiedelevator inspection agency.
8. Amendment of section 503 (d) "Fire Ratings for OccupancySeparations" to add the follouing paragraph:
a. Single family residences having primary and secondaryunits ulthln.
b. Insulation placed in occupancy separations shall notcontain combustible materials.
c. A one hour fire resistive assembly shall be required forseparation of individual tenant finishes of Group B Division 2Occupancies located under a common roof assembly.
9. Amendment to Section 1213 "Special Hazards" theexception Is hereby deleted and the folloulng sentences areadded: Residential buildings containing a boiler, centralheating plant, or hot uater supply boiler in excess of 400,000btu per hour input, the room uhere the boiler is located shall berequired to be separated by fire resistive construction.
10. Amendment of Section 1212 "Heating" to add the folloulngsentences: Heat loss calculations shall be required for allduelling units, the minimum design criteria shall be 70 degreetemperature inside and 20- degree temperature outside.
Minimum Insulation requirements for Group R Division 18.3Occupancies shall be as follous: R-ll for exterior ualls andR-19 for ceilings and roofs exposed to the outside. InsulationInstalled for exterior ualls shall be required to have a minimum4 mil vapor barrier or equivalent.
11. Amendment of Section 1706 "Shaft Enclosures" to add thefo11ou1ng subsect1 on:
Factory built chimneys shall be enclosed uith materialssuitable for construction of a one hour fire resistive uall.Flrestops can be omitted In chases uhich are protected on allsides. Toun of Gypsum requirements for enclosure of factory builtchimneys shall be as set forth in Table 7, Included 1n the texthereof and Incorporated herein by this reference.
12. Amendment of Section 2305 (d) "Snou Loads" This sectionIs hereby deleted and replaced uith the folloulng:
Snou load requirements for the Toun of Gypsum shall be as setforth In Table 2, entitled "Eagle County Snou Load Requirements",Included 1n the text hereof and Incorporated herein by thisreference. *For snou loads on mobile homes, refer to page ??
13. Amendment of Section 2905 <f> "Drainage" to add thefolloulng paragraphs:
Positive drainage auay from the exterior of all foundationualls must be maintained. In those locations, uhere thefoundation 1s subjected to a high uater table, or uhere surfaceor ground uater drainage u i l l present a problem, additionalprecautions may be required.
Foundation Drains - Uhere foundation or footing drains arerequired or provided voluntarily, they shall be connected to apositive outfall or approved dryuell. Perforated tile shall beInstalled belou the area to be protected. Tile shall be made ofapproved materials and shall be Installed having a minimum slope
to outfall of one-half (1/2) percent (approximately one (1) Inch1n tuenty (20) feet). Tops of joints 1n drain tile shall becovered ulth six (6) to eight (8) Inches of coarse gravel orcrushed rock. Foundation drains may be omitted at the discretionof the Soils Engineer uhere uell-dralned soil exists or uhereground or surface uater u111 not present a problem.
14. Amendment of Section 2907 (a) "General" to add thefo11ou1ng sentence:
All heated spaces ulthln a building or attached theretoshall have foundation frost ualls having a depth of at least 42"measured from the bottom of the footing to the backfillgradellnes unless otherulse designed by a structural engineer fora specific location.
15. Regarding Chapter 31 of the Uniform Building Code. TheToun of Gypsum does not 1 to revleu. Interpret or apply 1n anymanner the provisions set forth 1n 36 CFR Part 1191, AmericansUlth Disabilities Act (ADA); Chapter 31 of the 1991 UniformBuilding Code Is advisory only. Compliance ulth Chapter 31 ofthe Uniform Building Code and the ADA is the sole responsibilityof the property ouner and/or his/her agents and representatives.
16. Amendment to Section 3703 (f) "Height and Termination"to add the following sentences: "Solid fuel chimney caps shallnot be constructed 1n a way that prevents accessibility forcleaning". Uhere solid fuel and gas burning appliance flue ventsare terminated ulthln 24 Inches horizontally of each other saidflue vents are to be offset 10 Inches vertically.
17. Amendment of Section 3705 (a) "Factory Built Chimneysand Fireplaces" to add the following sentences:
Factory built chimneys shall be supported at Intervals notto exceed 10 feet by uall straps or equivalent.
Outside combustion air shall be required to the fireplaceboth gas-fired and uood burning, to be terminated Inside thefirebox uall. Ducts for said combustion air shall be a minimumof 26 gauge galvanized metal uhen located In a fire resistiveshaft.
1991 UNIFORM BUILDING CODE APPENDIX SECTION
18. Uniform Building Code Appendix Chapter 1 - Division I -"Life Safety Requirements for existing buildings" Is herebydeleted. Division II - "Life Safety Requirements for existinghigh rise buildings" Is hereby deleted.
19. Appendix Chapter 11 - "Agricultural Buildings" Section1107 Is hereby amended by changing the first paragraph to readhereto:
The provisions of this appendix shall apply only toagricultural buildings placed on a lot less than 2 acres and on alot more than 2 acres uhere agricultural buildings are to be usedfor human habitation, public riding arenas or public events.
20. Uniform Building Code Appendix Chapter 12 "Requirementsfor Group R, Division 3 occupancies 1s hereby deleted.
21. Uniform Building Code Appendix Chapter 23 Division I"Alternate Snou Load Design" is hereby deleted. Division II"Earthquake" Is hereby deleted. Division III "Earthquake" Ishereby deleted.
22. Uniform Building Code Appendix Chapter 24 -"Prescriptive Masonry Construction In Hlgh-Uind Areas" Is herebydeleted.
23. Uniform Building Code Appendix Chapter 25 -"Conventional Light-Frame Construction in High-Uind Areas" 1shereby deleted.
24. Uniform Building Code Appendix Chapter 26 - "Protectionof Residential Concrete Exposed to Freezing and Thauing" ishereby deleted.
27. Uniform Building Code Appendix 51 - "Elevators": Amendmentto fee schedule - A fee for each permit shall be paid to thebuilding official as follous:
Neu Insta11 at1ons:Passenger or freight elevator, escalator, moving ualk:
Up to and including $40,000 of valuation - $55.00.Over $40,000 of valuation - $55.00 plus $1.00 for each$1,000 or fraction thereof over $40,000.
Dumbualter or private residence elevator:Up to and Including $10,000 of valuation - $20.00.Over $10,000 of valuation - $20.00 plus $1.00 for each$1,000 or fraction thereof over $10,000.
Neu construction plan revleu $42.50 per hour.
The Annual Certificate of Inspection and fees u i l l beadministered by the Certified Elevator Inspection agency.
Section 5110 (b> Exception Is hereby deleted.
28. Uniform Building Code Appendix Chapter 70 - "Excavationand Grading" Section 7015 (a) "Final Reports". Add a neusubsection # 4 to read:
Uhere drainage Improvements are required, the uork Is to becomplete per approved plans and ready for Inspection at the timeof the Temporary Certificate of Occupancy Inspection. It u i l l bethe general contractor's responsibility to maintain positive
drainage on the site during all phases of construction, Includingprotection of any drainage along the Public Roadway.
C. THE NATIONAL ELECTRICAL CODE, 1993, EDITION ISSPECIFICALLY AMENDED AS FOLLOUS:
1. Amendment of Article 220-4 (b) to add the folloulngsentence to the first paragraph:
There shall be no more than four (4) duplex receptacles onthe small appliance branch circuit.
2. Amendment of Articles 210-21, 220-3, 220-4 to add thefolloulng sentence to the first paragraph:
Only eight (8) outlets ul 1 1 be Installed on 15 amp circuits;or ten (10) outlets on 20 amp circuits for lighting branchcircuits Including receptacles.
3. Amendment of Article 305-1 "Temporary UHrlng - Scope" toadd a new subsection (e):
Permanent services on buildings uhlch are energized forconstruction work ul 1 1 be considered as temporary serviceequipment until such time as the final Inspection 1s completed.
4. Amendment to the N.E.C. 1993 Article 210-8 to add thefolloulng sentence: All G. F.C.I, protection shall be resetable Inrooms uhere protection 1s required Including outside receptacles.
5. Amendment to Article 680-70 Hydromassage Tubs to add thefolloulng sentence: All G. F.C.I, protection shall be locatedulth 1n the same room. It 1s to be Installed 5 feet + off offinished floor and 5 feet from hydromassage bathtub. The cord Isnot to exceed 3 feet from motor to receptacle Installed near theaccess door protected by the resetable G. F.C.I, mounted on theuall. (The resetable G. F.C.I. Is not to be Installed under thetub).
D. THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONALELECTRICAL CODE. 1993 EDITION IS SPECIFICALLY AMENDED ASFOLLOUS;
1. Table 3B- "Fee Schedule" Is hereby deleted.2. EJIjgffjrJcal JLjcenjip^
Pursuant to 12-23-105 C.R.S. only qualified licensedelectricians may Install "Electrical Work" as defined In12-23-101 (1.7) by Colorado State Electrical Board 1988 Edition.
Notwithstanding the foregoing provision, an ElectricalLicense ul 1 1 not be required provided all conditions of Section12-23-111 (2) C.R.S. have been satisfied.
E. PLUMBING LICENSE REQUIREDPursuant to 12-58-115, C.R.S., only qualified licensed
plumbers may Install "Plumbing Systems" as defined 1n 117- j ofthe Uniform Plumbing Code, 1991 Edition.
F. The Uniform Plumbing Code Section 30.4 "Cost of Permit","Schedule of Fees" Is hereby amended. Current schedule ofof Plumbing Permit Fees Is contained In Table 5
1. Amendment of Section 506 - Vent terminations on metalroofs shall be ulthln 3 feet of the ridge or be provided with an
alternate means of protection.2. Amendment of Section 1004 (a) Is amended In the second
and third sentence to add the use of PB (Polybutylene) piping andtubing 1n uater piping systems.
3. Amendment of Section 1317 (c) <d> - Vent terminationshall be as required by Uniform Mechanical Code Section 906 (d)and Toun of Gypsum Ordinance 15.04.013 (17).
4. Appendix I entitled "Private Seuage Disposal Systems"Is hereby deleted.
5. Amendment of Section 608 <d) - No domestic dlshuashlngmachine shall be directly connected to a drainage system or foodwaste disposer without the use of an approved dlshuasher airgapfitting on the discharge side of the dlshuashlng machine. Listedalrgaps shall be Installed ulth the flood level (FL) marking ator above the flood level of the sink or draInboard, whichever Ishigher, or separately trapped ulth the alrbreak located on thestand pipe.
6. Amendment of Section 613 - "Horizontal and Vertical UetVenting" (d) - Single bathroom groups - a single bathroom groupof fixtures may be Installed ulth the drain from an Individuallyvented lavatory or lavatories serving as a uet vent for abathtub, shouer compartment, or floor drain and for a uatercloset provided the requirements listed belou are met: (1) Notmore than four fixture units drain into a minimum 2 Inch diameteruet vent. Kitchen sinks, dlshuashers, or automatic clothesuasher connections are not permitted. (2) The horizontal branchdrain connects to the stack at the same level as the uater closetdrain; or It may connect to the upper half of the horizontalportion of the uater closet bend at an angle not greater than 45degrees from the direction of flou. (3) Trap arm sizes andlengths shall conform to tables 4-1, 4-3, and 7-1.
7. Amendment of Section 708 - "Sand Trap or Interceptor"-Minimum capacity of oil and sand Interceptors shall be 6 cubicfeet plus l.C.F. for each vehicle uashed during a 24 hour period.Maximum depth permitted 1s 12 feet belou grade.
For concrete or hard surface, extend top ring andInstall Iron ring and cover.
Location depends on fire regulations and otherconsiderations. If gas tight cover is provided, trap may beInstalled Inside.
8. Amendment of Section 1003 (k) - Heat Exchangers, andother assemblies or methods of construction using potable uatershall be of listed construction and materials. The sections Incontact ulth potable uater shall be of material and ueightssuitable for potable uater as set forth in this chapter.
9. Amendment of Appendix D - (d) - Overflou drains shall bethe same size as the roof drains uith the Inlet flou line tuoInches (50.8mm) above the lou point of the roof and shall beInstalled Independent from the roof drains.G. The Uniform Mechanical Code, 1991 Edition Is specificallyamended as follows:
1. Section 1104: Domestic kitchen range exhaust ducts whichdischarge from the bottom of the range through the base cabinet
and Into a space belou the floor, shall be made of at least 26gauge metal and shall have smooth surfaces. This requirementshall Include those listed ranges uhlch permit the use offlexible metal exhaust ducts.
2. Amendment of Section 304 (b) Table 3-A has been amendedsee Table 4 of the Toun of Gypsum Ordinance 1-93. (Ord. 1 series1994)
15.04.014 RESPONSIBILITY OF OUNER. CONTRACTOR ORAUTHORIZED AGENT
Neither the granting of a permit, nor the approval of thedrawings and specifications, nor Inspections made by the BuildingOfficial shall In any uay relieve the ouner of such building orstructure from full responsibility for carrying out all work 1naccordance ulth the requirements of this Ordinance. (Qrd. 1series 1994)
15.04.015 GENERAL RESTRICTIONSA. No person shall commence or continue any uork in respect
to any building, structure, factory-built housing unit, mobilehome or equipment, uithout first obtaining the necessary permitsfrom the Toun of Gypsum.
B. No person shall commence or continue any uork In respectto any private or subsurface seuage disposal system uithout firstobtaining a permit from the Environmental Health Division.
C. Written approval of the Environmental Health Divisionshall be obtained before the backfilling of any private orsubsurface seuage disposal system.
D. In respect to any uork undertaken in violation of theprovisions of subsection 15.04.015 (c> or 15.04.015 (e) of thisSection, the Building Official or Environmental Health Officer ortheir duly authorized representatives, may at any time requirethat such uork, in uhole or In part, be exposed for inspection.
E. No person hall occupy any neu building, factory-builthousing unit or mobile home until seuage disposal facilities,meeting the minimum standards of the regulations, of the StateBoard of Health or any of the Eagle County Individual SeuageDisposal Regulations, have been installed and have been approved,in urltlng, by the Environmental Health Division. (Ord. 1 series1994>
15.04.016 PERMITS AND FEESThe Building Department shall Issue a permit uhere:
1. An application for a permit has been made in accordanceulth the provisions of this Ordinance.
2. The proposed uork set out In the application conforms tothis Ordinance and all other laus, regulations, resolutions, ororders having application 1n the Toun of Gypsum.
3. All Construction drauings, applications, and permit feeshave been submitted and approved. A footing and foundationpermit may be auarded prior to receipt of other permitInformation if structural and site plan Information pursuant toSections 302 <b> and 302 (d) of the 1991 Building Code and theToun of Gypsum Subdivision Regulations, is provided.
4. A reduced fee for a repetitive plan check w i l l beallowed uhen one or more buildings are to be constructed from aset of plans previously approved by the Eagle County BuildingDivision.
The applicant applying for the repetitive plan check u1llbring In the original stamped approved plans and an Identicalplan or plans to the Building Division. The neu Identical plansu l l l be kept as County and Town records. The original approvedset of plans ulll be re-stamped uith the neu Building PermitNumber and date. This set ulll become the approved field copyfor the repetitive permit.
A plan check fee of $42.50 per hour uith a minimum of 3hours to be charged.
B. The Building Department shall not Issue a permit uhere:1. The proposed uork, as set forth In the application, or
the proposed use of the building or structure uhen completed,does not comply uith the provisions of the Toun of Gypsum'sZoning Ordinance;
2. The owner or applicant, In relation to the proposed lotor site, has not complied uith the provisions of the Toun ofGypsum's Subdivision regulations controlling the subdivision,platting, partitioning, or other division of land;
3. The proposed uork, as set forth 1n the application, orthe proposed building or structure uhen completed, uould be inviolation of the Toun of Gypsum Zoning Map.
4. A private or subsurface seuage disposal system 1snecessary and the proposed site does not meet the requirements,conditions, or Imposed provisions of State lau or regulation ofthe State Board of Health, or of any Eagle County seuage disposalregulation. Uhere a private or subsurface seuage disposal systemis necessary and the proposed site meets the requirements orconditions therefore imposed by a provision of the aforesaidlaus, regulations, or resolutions, the Building Official shallnot Issue a permit until seuage disposal permit has first beenIssued 1n uriting by the Environmental Health Office;
5. The proposed site Is located, all or in part, uithin anyarea determined by the Building Official to necessitate specialbuilding requirements as a result of geological hazards or FloodPlain Hazard Area In any Toun Ordinance; and the specialpermit required by such ordinance has not been obtained by theapplicant. All special building requirements Included in anysuch special permit shall be Incorporated Into the permit Issuedto the applicant under this Ordinance.
6. In the opinion of the Building Official, the results ofthe tests referred to in Section 15.04.018 <B> of this Ordinanceare not satisfactory.
C. FEES1. The schedule of fees to be charged for the Issuance of a
permit under this Ordinance shall be as set forth In Tables 3, 4,5, and 6, as Included 1n the Tables. Minimum permit andInspection fees for the Uniform Solar Energy Code and the UniformSuimmlng Pool, Spa and Hot Tub Code shall comply uith the minimum
stated on Table 3 of this Ordinance.2. Additional permit fees shall be charged as follous:a. For moving or demolishing any building or structure
$42.50 (per Inspection)b. For Factory Built, Manufactured Housing/Mobile Home Base
Fee Cost:
Single Ulde Unit2 field Inspections and$127.50
Double U1de Unit3 field Inspections and$212.50
1 hour plan checking/office time
2 hour plan checking/office time
Note; The above Includes plumbing and MechanicalInspections ulthout separate permitting.
Note: All additional Inspections ul11 be $42.50 each.Examples: Footing, Foundation (other thanB1ock/pads), reInspectIons and any and allInspections performed on a basement.
c. For site Inspection and revleu of a plot to evaluatepotential locations for an Individual subsurface or private seuagedisposal system, per lot or test site (does not Includepercolation test $85.00
*«See Resolution No. 80-11Eagle County Individual Seuage
1980 - Local Board of HealthDisposal Regulations.
d. For site Inspection Including percolation test and soilprofile observation (per visit) $200.00
e. For review and completion of a Federal HousingAdministration questionnaire ulth respect to a duelling to besold, Including site Inspection of a uater supply and seuagedisposal system and uater supply evaluation Including uater uellconstruction comments $200.00
f. For relnspectlons of Improperly Installed septicsystems $42.50
3. If the Building Official discovers any personundertaking any uork In violation of this Ordinance, he shallnotify the violator to cease such act or acts, and such violatorshall pay for such permit tulce the amount of the fee otherulselevied (U.B.C. Sec 304 (e) ).
4. The estimated value of the uork shall be revleued by theBuilding Official and shall be based on the declared cost ofmaterials and labor for each permit for each building orstructure.
5. The General Contractor shall be required to provideadequate sanitary facilities during construction.
6. The minimum mechanical permit fee for voluntarilyreplacing an existing uood burner ulth a neu technology device ora device which permanently utilizes natural gas, propane orsimilar clean burning fuel, shall be waived.D. An application for a permit shall:
1. Be made on the form prescribed by the BuildingDepartment;
2. Be signed by the applicant;3. Be accompanied by the fee prescribed for uork to be
undertaken;4. State the Intended use of the building structure;5. Include copies in triplicate of a site plan and scale
drawings and specifications of the uork to be carried out asrequired by Section 302 of the 1991 Uniform Building Code.Notwithstanding the provisions of Section 302 of the 1991 UniformBuilding Code, the site plan shall show and Include:
a. Property lines, direction of North and scale ofdrawings.
b. Outline of proposed and existing building with setbacksfrom property lines indicated on all sides.
c. All easements, utility, water and sewer lines.d. Driveway and driveway Intersections with public road,
Including grades, widths, and necessary culverts and ditches.e. Parking spaces dimensioned and numbered, with snow
removal area(s) Indicated.f. Proposed method of drainage of water away from
foundation and Into drainage way.g. Proposed soil stabilization, revegetatlon or landscape
plan with erosion and sediment control.h. Location of live streams, ponds or lakes, all other dry
washes and irrigation ditches, and 100 year flood plain limits.1. Proposed and existing wells on subject property and
adjacent property.j. Location of Individual sewage disposal system, If
proposed, with distances Indicated from proposed system todwellings, wells, and other fixed reference objects.
k. Any additional Information deemed reasonable andnecessary by the Building Official and Zoning Officer. <0rd. 1series 1994)15.04.017 DOCUMENTS ON THE SITE
A. The person to whom the permit Is Issued shall, duringconstruction, keep:
1. Posted In a conspicuous place on the property In respectof which the permit was Issued a copy of the building permit or aposter or place card approved by the Building Department In lieuthereof, and;
2. A copy of the approved drawings and specificationsreferred to In Subsection 15.04.016 <D-5)on the property 1n respect
•of uhlch the permit uas Issued.
3. It shall be the responsibility of the permittee todisplay the building card on the Job site throughout theconstruction process for Inspectors signatures.
For Temporary Certificate of Occupancy or Certificate ofOccupancy approval to occur, the building card must be fullysigned and returned to the Toun of Gypsum. If this card becomeslost or unreadable, there w i l l be a $20.00 fee to update orreplace the card. (Ord. 1 series 1994)
15.04.018 PQUERS OF THE BUILDUP OFFICIALA. The Building Official Is charged with the administration
and enforcement of the Ordinance under authority of the EagleCounty Department of Community Development.
B. The Building Official may as per UBC 202 <a-g):1. Enter any premises at any reasonable time for the
purpose of administering this Ordinance:2. Direct that tests of materials, devices, construction
methods, structural assemblies or foundation conditions be made,or sufficient evidence or proof Is necessary to determine whetherthe material, devices, construction or foundation meets therequirements of this Ordinance. The records of such tests shallbe kept available for inspection during the construction of thebuilding or structure and for such a period thereafter asrequired by the Building Official;
3. Direct by urltten notice, or by attaching a placard topremises, the correction of any condition where, 1n the opinionof the Building Official, such condition violates the provisionsof this Ordinance.
4. Revoke a permit where there is a violation of theprovisions of this Ordinance. COrd. 1 series 1994)
15.04.019 APPEALSA Board of Appeals shall be created as provided in Section
204 of the 1991 Code.Appeals to the Board of Appeals.1. Membership of the Board of Appeals. A Board of Appeals,
consisting of five <S> members, shall be appointed by the GypsumTown Council to hear and decide appeals as provided hereunder, allmembers w i l l be limited to three (3) year terms, and thereaftereach new member shall serve for three (3) years or until hissuccessor has been appointed. Uhere any member Is appointed tofi l l a vacancy occurring during the term of a member, thesuccessor's term shall run until the expiration of the term ofthe member he succeeds. The Board of Appeals shall appoint fromIts membership a Chairman and a Secretary who shall keep awritten record of all proceedings of the Board.
2. Qualifications of Board Members: If any such personsare available In the Town, each member shall be a licensedprofessional engineer or architect or a building contractor orsuperintendent of building construction, or other personqualified by experience and training to pass on matterspertaining to building construction, and at no time shall there
*be more than two members from the same profession or business;and at least one member shall. If possible, be a licensedarchitect and one member shall be a licensed structural or civileng1neer.
3. Application for Appeal: Any person aggrieved by adecision of the Building Official denying, Issuing, or revoking apermit or In applying the provisions of the Code or thisOrdinance to the construction, alteration or repair of astructure, as herein defined, may appeal such decision to theBoard of Appeals.
4. Time for Appeal: An appeal shall be commenced ulthln 10days from the date of the decision appealed from by filing awritten Notice of Appeal with the Secretary of the Board ofAppeals setting forth the decision appealed from.
5. Board Action on Appeal: Upon receipt of a Notice ofAppeal, the Secretary shall schedule said appeal for Hearing In30 days, or 1f the Board has adopted a regular schedule ofmeetings, not later than the third regular meeting followingreceipt of the Notice. The Secretary shall thereupon mallwritten notice of the date, time, and place of the Hearing to theBuilding Official and to the Appellant.
fe. Hearings: Hearings shall be public and shall beconducted as nearly as possible 1n conformity with Section24-4-ios C.R.S. 1973, as amended. The Board shall adoptreasonable rules and regulations for the conduct of hearings andthereafter such rules and regulations shall govern the conduct ofsuch hearings.
7. Rulings: The Board shall Issue Its findings and rulingsthereon In writing not later than 30 days after the hearing, ornot later than the second regular meeting following the hearing,If the regular schedule of meetings has been adopted by theBoard. The Secretary shall mail copies of the findings andrulings to the Building Official and Appellant.
B. Appeal to the Gypsum Town Council.
1. GrievancesAny person aggrieved by a decision of the Board of
Appeals shall have the right of appeal therefrom to the GypsumTown Council. Such appeal shall be made within thirty (30) daysfrom the date of the decision of the Board of Appeals, and in thecase of an appeal by the Building Official, the originalAppellant shall be notified within five (5) days from the date ofthe decision that the Building Official Intends to appeal thedec1s1on.
2. ProcedureAppeals hereunder shall be commenced by filing a written
Notice of Appeal with the Clerk to the Gypsum Town Council, whoshall schedule the appeal for hearing not later than the secondregular meeting following receipt of said Notice. The Clerkshall notify the Secretary of the Board of Appeals, the BuildingOfficial and the Appellant In writing of the date, time and placeof the hearing.
* *3. Transmission of Files
Upon receipt of the Notice from the Clerk, the Secretaryof the Board of Appeals shall transmit the File containing allExhibits, Testimony and Evidence of uhatsoever kind to the Clerknot later than ten CIO) days prior to the scheduled hearing.
4. Hear 1ngAt the Hearing the Gypsum Toun Council shall examine the file
and consider any additional evidence uhlch It deems appropriate.Strict rules of evidence shall not apply, but all additional oralevidence shall be reduced to urltlng In summary form.
5. Ru11ngUithln ten CIO) days from the date of the Hearing the Board
shall Issue Its urltten ruling affirming, modifying, or reversingthe Ruling of the Board of Appeals. Copies of the Ruling shallbe mailed to the Secretary of the Board of Appeals, the BuildingOfficial, and the Appellant.
The Building Official shall then take whatever action isIndicated by the Ruling of the Board. COrd. 1 series 1994)
15.04.020 PENALTYA. No person shall commence or continue any uork In
respect to any building, structure, or mobile home, or any seuagedisposal system 1n violation of the provisions of this Ordinance.
B. Any person uho violates the provisions of this OrdinanceIs liable upon conviction to a fine of not more than one hundreddollars, or by Imprisonment In the county jail for not more thanten days, or by both such fine an Imprisonment. Each day duringwhich such Illegal erection, construction, reconstruction,alteration, maintenance, or use continues shall be deemed aseparate offense.
In case any building or structure Is or Is proposed to beerected, constructed, reconstructed, altered, remodeled, used ormaintained In violation of the provisions of this Ordinance, theBoard, Building Official, the District Attorney of theDistrict, or any owner of real estate within the area, 1naddition to other remedies provided by law, may Institute anappropriate action to other remedies provided by law, mayInstitute an appropriate action for Injunction, mandamus orabatement to prevent, enjoin, abate, or remove such unlawfulerection, construction, reconstruction, alteration, remodeling,maintenance or use. (Ord. 1 series 1994)
15.04.030 UAIVERThe Building Official may waive any permit requirements
within this Ordinance only after a determination that the effectof such a waiver Is minor and w i l l not affect the health, safetyand welfare of the persons occupying buildings of the Town ofGypsum. COrd. 1 series 1994)
15.04.040 REPEALUpon the approval and adoption of this Ordinance by the
Gypsum Toun Council, all existing or previously adopted BuildingOrdinances not reflected In this Ordinance be and the same arehereby repealed and superceded by this Ordinance. (Ord. 1 series1994)
15.O4.050 SEVERABILITYThe Gypsum Toun Council hereby declares that 1f any section,
subsection, clause or phrase of this Ordinance or of the 1991Code adopted by this Ordinance, Is for any reason held to beInvalid by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remainingportions of this Ordinance and/or 1991 Code. (Ord. 1 series1994)
15.04.60 EFFECTIVE DATEThis Ordinance shall be In force and effect from and after
the date of the Council's execution of this Ordinance. (Ord. 1series 1994)
15.04.070 CLOSINGThe Council determines and finds that this Ordinance 1s
necessary for the health, safety and welfare of the citizens ofthe Town of Gypsum. (Ord. 1 series 1994)
A Public Hearing of this Ordinance shall be held on theday of ^7J&4&fc> . /99^ at the Toun CouncilChambers of the Toun of Gypsum, Colorado.
INTRODUCED. READ AND ORDERED PUBLISHED by the Toun Council ofthe Toun of Gypsum, Colorado, at its regular meeting held at theGypsum Toun Hall, on_ ^fad* &
Sharon KelgleyV
FINALLY, adopted, passed and approved on
_ , 1994
"" day of
>J_ sTlDan LIsteVT Mayor
ATTEST
Sharon Kelgle
TABLE 1 - A PROJECT MAY REQUIRE ONE OR MORE OF THE FOLLOWINGPERMITS:
Building of New Non-Resident-ial commercial structure
Moving of Existing Structureto New Location
Moving of Manufactured Housinginto a Mobile Home Park
Moving & Setting of FactoryBuilt Structure on Bldg Site
Building of a structure UsedSolely as an AgriculturalBuilding (See 3. OS. 02 (T) Pg.9
One story detached buildingsused as tool and storage shedsplayhouses and similar usesprovided the projected roofarea does not exceed 120 s.f.and the height of said build-ings does not exceed 10 feetat peak of roof.
Demolition of the Whole orPart of Building , FactoryBuilt Structures, or Manufac-tured Housing
Additions & alterations invol-ving bedroom, bathroom,kitchen, living room, or otheraccessory rooms
Additions £ alterationsinvolving an attached or de-tached garage or shop
Non-structural sidewalks/slabs
NOPERMITREQ.
X
X
X
PERMIT ( S )REQUIRED
1,2,3,4,5,6,9,10.
1,2,3,4,5,6,9,10
1
3,8 .
1,2,3,4,5,6
' , -"
1
1,2,3,4,6,9,
10
1,2,3,4,5,6
REVIEWREQUIRED
BD,EH,PD,EG
BD,EH,PD,EG
BD,EH,PD,EG
BD,PD
BD,EH,PD,EG
BD,PD
BD,EH,PD,EG
BD,PD,EG
SITEPLANREQ.
X
X
X
X
X
X
X
CLASSIFICATIONOF PROJECTS
Additions &
Exterior
Construction &
On Site
Accessory
Construction
Exterior Repair
& Replacement
&/or Addition
Interior Repair
& Replacement
&/or Addition
SPECIFIC PROJECTS
||i|£li i|j||jiif|PatiO8 not over30 Inches above grade with nopermanent construction abovethe floor line.
Decks, Entry Porches, Etc.
Retaining Walls, over 4 feetin height (Engineering Req. ) j
Fences over 6 feet in height
Fences used for Agriculturalpurposes only or those fencesunder 6 feet in height
Erection of Exterior Signs(Except as Exempt in ZoningResolutions)
All Non-Structural Landscaping
Replacement of Roof
Repair or Replacement ofExterior Siding
Replacement or Addition ofExterior Window
Repair of Existing ExteriorWindow
Addition of Exterior Door
Repair or Replacement ofExisting Exterior Door
Repair or Replacement offloor covering
Painting, Papering or SimilarFinish Work-Exterior orinterior
Installation of WoodburningStove or Fireplace
rsr~PERMITREQ.
,-X
'
X
X
X
X
X
X
X
PERMIT(S)REQUIRED
1,3
1
1
7
1
1
1
4
REVIEWREQUIRED
BD,PD
BDj«G
BD,PD
BD,PD
BD
BD
BD,PD
BD
SITEPLANREQ.
X
X
X
X
-
CLASSIFICATIONOF PROJECTS
Interior Repair
fi Replacement
fi/or Addition
(Continued)
Water fi/or
Sewer Systems
SPECIFIC PROJECTS
Replacement of Furnace or HotWater Heater (Except Electri-cal Appliances)
Kitchen Remodel, i.e. CabinetReplacement or counterReplacement
alteration, re-placement or addition ofplumbing system
Repair, alteration, replace-ment or addition of electricalsystem
Demolition of interior wall
Addition of Interior Wall
Repair of up to 144 squarefeet of drywall except fireresistive assemblies fi otherthan residential construction
Addition or replacement ofbuilt-in cabinets or shelves
'Installation of Private SewerSystem
Expansion of Private SewerSystem
* Repair of Private SewerSystem involving replacementof septic tank or repair/moving of leach field
Disconnection of Private SewerSystem and connecting toPublic Sewer System (ContactApplicable Water /SewerJurisdiction)
Installation of Private WaterSystem (Contact Colorado Div.of Water Resources)
,•NO
PERMITREQ.
S1
X
X
X
X
X
-
PERHIT(S)REQUIRED
4,2
2
3
1
1,6
6
6
6
REVIEWREQUIRED
BD
EHCommercial
j
BD
BD
BD
BD
EH
EH
EH
EH
SITEPLANREQ.
X
X
X
CLASSIFICATIONOF PROJECTS
SPECIFIC PROJECTS PERMITREQ.
PERMIT(S)REQUIRED
REVIEWREQUIRED
SITEPLANREQ.
Water &/or
Sewer Systems
(continued)
Installation of Public HaterSystem Serving More than 20People (Contact Colorado Div.of Water Resources, ColoradoDepartment of Health)
Serving 20 People or Less EH
Instantiation of Water fi/or iSewer Distribution/CollectionLines & Taps within PublicRight-of-Way or Easement forPublic Utilities EH
*See Resolution of Local Boards of HeaAth, County of Eagle,State of Colorado, Resolution #80-1980.
PlumbingPlumbing systems as definedin Section 117 (h) of the UPC BD
MechanicalAll Mechanical installationsas listed in the fee schedule BD
Fire Alarm
OR
Fire Sprinkler
Fire Alarm Systems Installa-tion or addition; fee basedon valuation of system BD
Fire Sprinkler System Instal-lation or addition; fee basedon valuation of system 10 BD
Addition of interior walls 9,10 BD
CLASSIFICATIONOF PROJECTS
Road Cut and
Grading and
Parking
'?SPECIFIC PROJECTS
Excavation, Grading fi Gravel -ing or Paving of a Road to beDedicated to the County forMaintenance
Excavation/ Grading, andGraveling or Paving of aCommercial or ResidentialParking Lot i
Excavation, Grading andGraveling or Paving a NewPrivate Driveway
Repair or Repaving of anExisting Driveway or ParkingLot
Paving of an Existing GravelDriveway or Parking Lot
Installation of New, Repair orReplacement of Culvert(May require road cut permitthru Road & Bridge Dept . )
NOPERMITREQ.
/•
•
X
X
"PERMIT(S)REQUIRED
5
5
5
5
REVIEWREQUIRED
EG,BD,PD
BG/£D,PD
EG,BD,PD
EG,BD
SITEPLANREQ.
X
X
X
TABLE 2EAGLj; CQUHTY S»
Arrowhead ..Aspen JunctionAapen Mesa -*Avon*BasaltBeaver Creek VillageBellyache RidgeBerry CreekBondBurnsColorow SubdivisionCordilleraCottonwood PassDerby JunctionDotseroDowd JunctionEagleEagle-VailEby CreekEdwardsEl JebelFrying Pan River AreaFulfordOilman•GypsumLake CreekMcCoyMinturnMeredithRadiumRedcliffRed Table AcresReudi ShoresSeven CastlesSquaw CreekState BridgeSweetwaterTennessee Pass*vailVail Pass Areawest vailHoleott
Note - UBC Section 2306 "Reduction of Live Loads": Reduction of snow loads forroofs having a pitch exceeding 20 degrees shall be allowed when designed andstamped by a licensed Engineer. Most manufactured housing has been designed andconstructed with specific roof load/snow load capacity. While a manufactured homemay appear to meet the manufacturer's specifications for roof load/snow load inColorado, said specifications may not be sufficient for the particular climaticconditions in Eagle County. It is the owner's sole responsibility to maintain thenecessary roof load/snow load to protect the manufactured housing.
TABLE 3BUILDING PERMIT FEESGYPSUM, COLORADO
Amendment of Section 304 <b> - Valuation
BUILDING PERMIT FEES
TOTAL VALUATION
$1.00 TO $500.00
$501.00 TO $2,000.00
$2,001.00 TO $25,000.00
$25,0001.00 TO $50,000.00
$50,001.00 TO $100,000.00
$100,001.00 TO $500,000.00
FEES
$20.00 (MINIMUM)
$20.00 FOR THE FIRST $500.00 PLUS$3.00 FOR EACH ADDITIONAL $100.00OR FRACTION THEREOF, TO ANDINCLUDING $2,000.00. IN NO CASESHALL FEES BE LESS THAN $20.00.EXCEPTION, REFER TO OTHERINSPECTIONS AND FEES.
$65.00 FOR THE FIRST $2,OOO.OO PLUS$10.00 FOR EACH ADDITIONAL$1,000.00 OR FRACTION THEREOF, TOAND INCLUDING $25,000.00
$315.00 FOR THE FIRST $25,000.00PLUS $7.00 FOR EACH ADDITIONAL$1,000.00 OR FRACTION THEREOF, TOAND INCLUDING $50,000.00
$490.00 FOR THE FIRST $50,000.00PLUS $5.00 FOR EACH ADDITIONAL$1,000.00 OR FRACTION THEREOF, TOAND INCLUDING $100,000.00
$740.00 FOR THE FIRST $100,00.00PLUS $4.00 FOR EACH ADDITIONAL$1,000.00 OR FRACTION THEREOF, TOAND INCLUDING $500,000.00
$500,001.00 TO $1,000,000.00 $2,340.00 FOR THE FIRST $500,000.00PLUS $4.00 FOR EACH ADDITIONAL$1,000.00 OR FRACTION THEREOF, TOAND INCLUDING $1,000,000.00
$1,000,001.00 AND UP $4,340.00 FOR THE FIRST$1,000,000.00 PLUS $3.00 FOR EACHADDITIONAL $1,000.00 OR FRACTIONTHEREOF.
PLAN CHECK FEES RESIDENTIAL & COMMERCIAL ARE 65% OFBUILDING PERMIT FEE.
OTHER INSPECTIONS AND FEES:
1. Inspections outside of normal business hours$63.75 per hour.
2. ReInspection fee assess under provisions of Section 305 Co)$42.SO per hour.
3. Inspections for uhlch no fee Is specifically Indicated$42.50 per hour.
4. Additional plan revleu required by changes, additions orrevisions to approved plans(minimum charge 3 hours) at $42.50 per hour.
5. Additional Inspections for uhlch collected fees are notadequate $42.50 per hour.
6. For Factory Built, Manufactured Housing/Mobile Home Base FeeCost i
Single Uflde Unit
2 field Inspections and I hour plan checking/office time$127.50
Double Ulde Unit3 field Inspections and 2 hour plan checking/office time
$212.50
Note: The above Includes Plumbing and MechanicalInspections without separate permitting*
Note: All additional Inspections ulll be $42.50 each.Examples: Footing, Foundation (other thanBlock/Pads), reInspections and any and allInspections performed on a basement.
7. Requests for specialized reports ulll be charged $42.50hourly ulth a 1/2 hour minimum.
8. Per Toun of Gypsum Ordinance Section 15.04.013 <5>. 1f thebuilding card becomes lost or unreadable, there ulll be a$20.00 fee to update or replace the card.
9. Fire Sprinkler systems and Fire Alarm Systems. Permit feesshall be based on the valuation of the systems equipment andand Installation. Plus an additional 65Z for plan review.
10. Replacement of roof for single-family structure only $27.00
11. Grading permit fees and plan review fees:
PLAN REVIEU (2 hour mln). $42.50/hour
50 cubic yards or less $42.5051 to 100 cubic yards $42.50
101 to 1000 cubic yards - $42.50 for the first 100 cubicyards plus $10.50 for each additional 100 cubic yards orfraction thereof.
1001 to 10,000 cubic yards - $117.00 for the first lfOOOcubic yards, plus $9.00 for each additional 1,000 cubicyards or fraction thereof.
10,001 to 100,000 cubic yards - $198.00 for the first10,000 cubic yards, plus $40.50 for each additional 10,000cubic yards or fraction thereof.
100,001 cubic yards or more - $562.50 for the first 100,000cubic yards, plus $22.50 for each additional 10,000 cubicyards or fraction thereof.
Other Inspection and Feest
1. Inspection outside of normal business hours....$63.75per hour (minimum charge-two hours)
2. ReInspectIon fees assessed under provisions of Section3O5 <g> $42.50per hour.
3. Inspections for which no fee 1s specifically Indicated(minimum charge-one hour) $42.50per hour.
Table 4
MECHANICAL PERMIT FEES
The minimum mechanical permit fee for voluntarily replacing anexisting wood burner ulth a new technology device or a deviceuhlch permanently utilizes natural gas, propane or similar cleanburning fuel, shall be ualved.
Permit Issuance
1. For the Issuance of each permit $20.002. For Issuing a transfer permit $20.003. Total Permit Fee shall not be less than $42.50
Unit Fee Schedule
1. For the Installation or relocation of each forced-air orgravity type furnace or burner, Including ducts and ventsattached to such appliance, up to andIncluding 100,000 Btu/h 9.00
2. For the Installation or relocation of each forced air orgravity type furnace or burner, Including ducts and ventsattached to such appliance over 100,000 Btu/h 11.00
3. For the Installation or relocation of each floor furnace,Including vent 9.00
4. For the Installation or relocation of each suspended heater,recessed ua11-heater or floor-mounted unit heater 9.00
5. For the Installation, relocation or replacement of eachappliance vent Installed and not Included In an applianceperm It 4.50
fe. For the repair of, alteration of, or addition to each heatingappliance, refrigeration unit, cooling unit, absorption unit,or each heating, cooling, absorption, or evaporative coolantsystem, Including Installation of controls regulated by thiscode 9.00
7. For the Installation or relocation of each boiler or compressorto and Including three horsepouer, or each absorption systemto and Including 100,000 Btu/h 9.00
8. For the Installation or relocation of each boiler orcompressor to and Including three horsepouer, or eachabsorption system over 100,000 Btu/h and Including 500,000Btu/h 16.50
9. For the Installation or relocation of each boiler orcompressor over 15 horsepouer, to and including 30horsepouer, or each absorption system over 500,000 Btu/h andIncluding 1,000,000 Btu/h 22.50
10. For the Installation or relocation of each boiler orcompressor over 30 horsepouer to and Including 50horsepouer, or for each absorption system over 1,000,000Btu/h to and Including 1,750,000, Btu/h 33.50
11. For the Installation or relocation of each boiler orrefrigeration compressor over 50 horsepouer, or eachabsorption system-over 1,750,000 Btu/h 56.00
12. For each air-handling unit to and Including 10,000 cubicfeet per minute Including ducts attached thereto fa.50
13. For each air-handling unit over 10,000 cfm 11.0014. For each evaporative cooler other than portable type 6.5015. For each ventilation fan connected to a single duct 4.5016. For each ventilation system uhlch 1s not a portion of any
heating or air-conditioning system authorized by apermit 6.50
17. For the Installation of each hood uhlch Is served bymechanical exhaust, Including the ducts for such hood....6.50
18. For the installation or relocation of each domestic-typeIncinerator 11.00
19. For the Installation or relocation of each commercial orIndustrial type Incinerator 45.00
20. For each appliance or piece of equipment regulated by thiscode but not classed 1n to other appliance categories, orfor uhlch no other fee Is listed In this code 6.50
21. Uhen Chapter 22 of the Uniform Mechanical Code Is applicable(see Section 103), permit fees for fuel-gas piping shall beas foil oust
For each gas-piping system of one to fouroutlets 1 to 4 $5.00
For each gas-piping system of over four (4)outlets, per outlet $1.00
Other Inspection Fees
1. Inspection outside of normal business hours....63.75 (perhour) (Minimum charge - tuo hours)
2. ReInspectIon fee assessed under provisions of Section305 (g) 42.50(per hour)
3. Inspections for uhlch no fee 1s specifically indicated42.50 (per hour) (minimum charge - one hour)
4. Additional plan revleu required by changes, additions orrevisions to approved plans 42.50(per hour)(minimum charge - one hour)
5. Replacement of existing boiler or furnace 27.00
TABLE 5
PLUMBING PERMIT FEES
PermIt Issuance1. For Issuing each permit $20.002. For Issuing each transfer permit $20.003. Total permit fee shall not be less than $42.50
Unit Fee Schedule C1n addition to Item 1-3 above)1. For each plumbing fixture on one trap or a set of
fixtures on one trap (Including water, drainage pipingand backflou protection therefore) $ 7.00
2. For each building seuer and each trailer parksewer $15.00
3. Ralnuater systems-per drain (Inside building) $ 7.004. For each cesspool (where permitted) $25.00*«5. For each private seuage disposal system $40.00**6. For each uater heater and/or vent $ 7.007. For each gas-piping system of one to five
outlets $ 5.008. For each additional gas piping system outlet, per
out let $ 1.009. For each Industrial waste pretreatment Interceptor
including its trap and vent, excepting kitchen-typegrease Interceptors functions as fixture traps....$ 7.00
10. For each installation, alteration or repair of waterpiping and/or water treating equipment, each $ 7.00
11. For each repair or alteration of drainage or ventpiping, each fixture $ 7.00
12. For each lawn sprinkler system on any one meterincluding backflow protection devices therefor....$ 7.00
13. For atmospheric-type vacuum breakers not included InItem 12:1 to 5 $ 5.00over 5, each $ 1.00
14. For each backflow protective device other thanatmospheric type vacuum breakers:2 Inch diameter and smaller $ 7.00over 2 Inch diameter $15.00
Other Inspections and Fees1. Inspections outside normal business hours $63.752. Re Inspection fee $42.503. Inspection for which no fee 1s specifically
Indicated $42.504. Additional plan review required by changes, additions or
revisions to approved plans(minimum charge; one - half) $42.50
5. Replacement of existing hot water heater $27.50
**See Eagle County Land Use Regulations, Chapter 4
Table fc
ELECTRICAL PERMIT FEES
Residential: (Single ownership Residence)
This Includes modular homes, manufactured homes, traveltrailer, also duplex, trl-plexes and four-pi exes.Construction and extensive remodeling and additions to,<based on enclosed living area)
Not more than 1,000 Sq. Ft $30.00Over 1,000 Sq. Ft. and not more than 1,500 Sq. Ft $35.00Over 1,500 Sq. Ft. and not more than 2,000 Sq. Ft $70.00Per 100 Sq. Ft. 1n excess of 2,000 Sq. Ft $ 3.00
All Other Fees:
Except for Inspection In mobile homes and travel trailerparks shall be computed on the dollar value of theelectrical Installation, Including fixtures and Installationcosts thereof, and such fees shall be as follows:
Valuation of Uork: (Actual cost to customer)
Not more than $300.00 $30.00More than $3OO.OO but not more than $2,000.00 $35.00More than $2,000.00 but not more than $50,000.00 $15.00per thousand or fraction thereof total valuationMore than $50,000.00 but not more than $500,000.00 $14.00per thousand or fraction thereof of total valuation PLUS....$50.00More than $500,000.00 .$13.00per total valuation PLUS $550.00Mobl le homes and travel parks per space $30.00Re 1 nspect 1 on on all the above $35.00
Temporary Power Permits:
Temporary power $42.50
For 1 ssu 1 ng each transfer perm It $20.00
Other Inspection Fees1. Inspections outside of normal business hours $63.75
(per hour)2. ReInspectIon fee assessed under provisions of Section
305 (g) $42.50(per hour)
3. Inspections for which no fee Is specifically Indicated$42.50
(per hour) (minimum charge - one hour)4. Additional plan review required by changes, additions or
rev 1 s 1 ons to approved p 1 ans $42.50(per hour) (minimum charge-one hour)
TABLE 7'» j __
FACTORY BUH.T CHIMNEY ENCLOSURE
DRYWALL TO THE UPPER EDGEOF THE TOP PLATE
X)F LINE
ALL WALL SURFACES ON THE INTERIOR OFENCLOSURE MUST BE COVERED WITH 5/8"TYPE X GYPSTJM BOARD AMD FIBE TAPED.OTHER ASSEMBLIES MAY BE APPROVEDBY THE BUILDING OFFICIAL.
PROTECTED FLOOR
ENCLOSURE AND GYPSUM BOARDEXTENDED TO THE FLOOR.
---.-,.- -..I
NOTICE TO CONTRACTORS
As of January 1, 1982, an address sign board will be required atall building sites for construction permitted through the EagleCounty Building Department. See OBC 1979, Sec.305(c). , A CountySign Permit is iot required in thi4 case. ' -
This requirement will help County building inspectors as well assub-contractors and suppliers to find the job site. The signboard will also provide a place to mount the permit card where itcan be signed during various inspections.
The dimensions shown are guidelines only. Your sign must belegible from the road that serves your driveway and must provideweatherproof cover for the building permit.
Address on Outer Surface(Lot & Block Nuabers Optional)
B. P. * OOOOADDRESS
1234 Your StreetLot * Block *
CONTRACTORS NAME
Hinge
Mount thePermit Cardon the InnerSurface
1/2" ply
FRONT VIEW SIDE VIEW
FOR INFORMATION CALL: EagleEl Jebel
328-8735963-0285
TOWN OF GYPSUMP.O. BOX 130
300 FIRST STREETGYPSUM, COLORADO 81637
(303)524-7514
P U B L I C N O T I C E
This is to give notice of a Public Hearing to be held on March22, 1994 at 7:00 p.m. at the Gypsum Town Hall, 300 First Street,Gypsum, Colorado, on the following ordinances:
ORDINANCE 1, SERIES 1994 - AN ORDINANCE REPEALING FROM ANDADDING TO THE MUNICIPAL CODE OF THE TOWN OF GYPSUM, COLORADO,REPEALING CHAPTER 4, OF TITLE 15 AND ADDING A NEW CHAPTER 4, OFTITLE 15 WHICH ADOPTS THE FOLLOWING CODES BY REFERENCE, THEUNIFORM BUILDING CODE, 1991 EDITION; UNIFORM MECHANICAL CODE,1991 EDITION; UNIFORM FIRE CODE, 1993 EDITION; NATIONALELECTRICAL CODE, 1993 EDITION; UNIFORM PLUMBING CODE, 1991EDITION; AND AMENDING THESE CODES.
ORDINANCE 2, SERIES 1994 - AN ORDINANCE ESTABLISHING WATERAND SEWER ACTIVITY ENTERPRISES FOR THE TOWN OF GYPSUM, COLORADO.
ORDINANCE 3, SERIES 1994 - AN ORDINANCE APPROVING A LOANFROM THE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITYIN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $695,000.00 FOR WATERPURPOSES; AUTHORIZING THE FORM AND EXECUTION OF THE LOANAGREEMENT AND A SPECIAL REVENUE GOVERNMENTAL AGENCY BOND TOEVIDENCE SUCH LOAN; PLEDGING CERTAIN OF THE NET REVENUES OF THETOWN'S WATER SYSTEM TO THE REPAYMENT OF SUCH BOND; ANDPRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH.
The text of the of these Ordinances is available for publicinspection at the office of the Town Clerk, 300 First Street,Gypsum, Colorado, on Monday through Friday between the hours of8:00 a.m. and 5:00 p.m.
•
Sharon KeigleTown Clerk
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made and entered into as of this /3 day ofJtTly , 1993, by and between the TOWN OF GYPSUM acting by and
through its TOWN COUNCIL (the "Town"), and GYPSUM FIRE PROTECTIONDISTRICT, a quasi-municipal corporation ("Fire District").
WHEREAS, the Town has adopted the Uniform Building Code, 1991Edition, together with appendices and amendments thereto ("BuildingCode"); and
WHEREAS, Fire District administers fire protection for all theproperties included within the boundaries of the Town as well as anarea considerably outside of the Town, including the Eagle CountyAirport; and
WHEREAS, the Fire District has adopted, the 1991 Uniform FireCode, together with appendices thereto ("Fire Code"); and
WHEREAS, Town, by resolution duly adopted, or to be adopted inthe relatively near future, has made or will make the Fire Codeapplicable within the portions of the properties included withinthe boundaries of the Fire District which are under the BuildingCode jurisdiction of the Town ("Fire Protection Area"); and
WHEREAS, there are provisions in the Building Code which areduplicative of, or overlap, provisions in the Fire Code; and
WHEREAS, the Town has contracted with Eagle County forbuilding inspection services; and
WHEREAS, Fire District conducts Fire Code inspections andreviews through the position of Fire Chief; and
WHEREAS, the Town will name the Fire Chief a Town DeputyBuilding Inspector only for the purposes set forth herein; the FireChief shall remain an employee of Fire District, and Fire Districtacting through the Fire Chief will have the status of independentcontractors as to their relationships with the Town; and
WHEREAS, the Town has the power to issue arid withhold buildingpermits pursuant to Sections 31-15-601 and 32-1-1002(1)(d), C.R.S.;and
WHEREAS, Section 29-1-103, C.R.S.. authorizes governments tocooperate or contract with one another to provide any function,service or facility lawfully authorized to each of the cooperatingor contracting units; and
WHEREAS, the purposes of this Intergovernmental Agreement areto provide plan review, fire code inspection and fire codeenforcement as set forth herein within the Fire Protection Area;
1. The Town shall provide for review and comment by the FireChief all building plans for all occupancies except Group M andGroup R-3, as defined by the Fire Code, to be constructed orlocated within the Fire Protection Area. Fire District shall,through the Fire Chief, provide for plan review, inspections andjoint enforcement as to the fire prevention and suppressionportions of the plans for all such occupancies.
2. The Town shall not issue a building permit for anystructure unless such building plans demonstrate compliance withthe Town's Building Code and the applicable Fire Code, and shallnot issue a certificate of occupancy, whether temporary or final,for any structure except Group M and Group R-3 occupancies locatedwithin the Fire Protection Area until after approved finalinspection and signature by the Fire Chief.
3. The Town shall provide for review and comment by the FireChief all subdivision, planned unit development, and zoningapplications within the Fire Protection Area. Fire District,acting through the Fire Chief, shall provide application review,inspections and joint enforcement as to the fire prevention andsuppression portions of the applications and supporting plans.
4. The Town shall not grant final approval of subdivision,planned unit development or zoning applications until after finalapproval and signature by the Fire Chief.
5. Fire District agrees to indemnify, defend and holdharmless the Town, its respective agents, officers, servants, andemployees of and from any and all loss, costs, damage, injury,liability, claims, liens, demands, actions and causes of actionwhatsoever, arising out of or related to the Fire Districts'intentional or negligent acts, errors or omissions or that of itsagents, officers, servants and employees, whether contractual orotherwise. This indemnity provision specifically includes allgeneral building inspection services performed by, or on behalf of,the Fire District prior to the effective date of this Agreement.
6. Each party to this Agreement shall provide its own publicliability and property damage insurance coverage as it may deemnecessary for any potential liability arising from this Agreement.
7. This Agreement shall automatically be renewed on thefirst day of January of each year hereafter unless terminated byany party, with or without cause, by giving thirty (30) days'written notice to the other parties.
SD-as/^bC the date first above written.••""
'•OX . Vtf*\\ TOWN OF GYPSUM
SEAL%.r:.
aron M. Keigley, T
GYPSUM FIRE PROTECTION DISTRICT
BYDerla N. Hoza, President
ATTEST:
Barry Smrth, Secretary
(SEAL)
> -.'-/• v
15.04.010
Chapters:15.0415.0815.12
Sections:
TITLE 15
BUILDINGS AND CONSTRUCTIONS
Uniform CodesFlood Damage PreventionMobile Homes
i—*
15.04.010 Application15.04.011 Permit Requirements/References15.04.012 Definitions15.04.013 Amendments to the 1991 Code15.04.014 Responsibility of Ouner, Contractor or Authorized
Agent15.04.015 General Restrictions15.04.016 Permits and Fees15.04.017 Documents on the Site15.04.018 Powers of the Building Official15.04.019 Appeals15.04.020 Penalty15.04.030 Waiver15.04.040 Repeal15.04.050 Severabllity15.04.OfeO Effective Date15.04.070 Closing
15.04.010 APPLICATIONA. The Uniform Building code and Uniform Code for Abatement ofDangerous Buildings of the International Conference of BuildingOfficials, 1991 Edition, ulth Appendices; the Uniform MechanicalCode of the International Conference of Building Officials, 1991Edition, ulth Appendices; the National Electrical Code of theNational Fire Protection Association, 1993 Edition, ulthAppendices, uith the Uniform Administrative Code Provision forthe National Electrical Code of the International Conference ofBuilding Officials, 1991 Edition; the Uniform Plumbing Code, theUniform Suimmlng Pool, Spa, and Hot Tub Code, and the UniformSolar Energy Code of the International Association of Plumbingand Mechanical Officials, 1991 Edition, and any and allamendments to said codes and/or standards as of the date ofexecution of this Ordinance, are hereby adopted by thisreference and incorporated herein as if set forth 1n full(hereinafter collectively referred to as "code"); and shall applyto all duellings, buildings and structures located 1n the area ofthe Toun of Gypsum, hereinafter referred to as the "regulatedarea," unless otheruise provided. Said codes and/or standardsset forth in this subsection 15.04.010 shall be aval 1 able fromthe Building Official, Department of Community Development,County of Eagle, 500 Broaduay, Eagle, Colorado 81631.
51
15.04.011 — 15.04.012
B. Uhere the requirements or conditions Imposed by a provision ofthis Ordinance or the above-referenced codes and/or standardsdiffer from the requirements or conditions imposed by a provisionor another lau, ordinance, resolution or order having applicationin the Toun of Gypsum, the provision uhich is more restrictive shallgovern. Not gith-standlng the foregoing, the most restrictiveprovision shall not apply uhen a provision of an above referencedcode Is specifically amended or deleted and so Identified ultMnthis ordinance and then the terms of this ordinance shall apply.<0rd. 1 series 1994)
15.04.011 PERMIT REQUIREMENTS/REFERENCESA. Table 1 entitled "Toun of Gypsum Permit Requirements" as setforth In the Tables Included in the text hereof Is herebyIncorporated herein by this reference. Table 1 sets forth theprojects uhich may require permlt(s), if any, and Identifies thespecific type of perm1t<s) required and the site inclusionrequirements. Additional permits not Identified 1n Table 1 mayalso be required.
B. It shall be the duty of the person and/or entity of aproposed project uhich is not specifically set forth in Table 1to contact the Building Official of the Department of CommunityDevelopment, County of Eagle, Colorado, for a determination ofthe type of perm1t(s) required, 1f any, and the site inclusionrequirements. (Qrd. 1 series 1994)
15.04.012 DEFINITIONS
A. For the purpose of this Ordinance all uords, terms andexpressions contained herein shall be interpreted In accordanceuith the definitions set out in the 1991 Code, except that:
B. BUILDING OFFICIAL OR INSPECTOR shall mean the Eagle CountyChief Building Official and the Building Official's dulyauthorized deputies, inspectors, staff and other reasonablyinvolved in code administration and enforcement.
C. CERTIFICATE OF OCCUPANCY shall mean no building or structureshall be used or occupied, and no change in the existingoccupancy classification of a building or structure or portionthereof shall be made until the building official has Issued aCertificate of Occupancy therefor as provided herein.
EXCEPTION: Group R, Division 3 and Group M Occupancies.Issuance of a Certificate of Occupancy shall not be construed asan approval of a violation of the provisions of this code or ofother ordinances of the Jurisdiction. Certificates presuming togive authority to violate or cancel the provisions of this codeof other ordinances of the jurisdiction shall not be valid.Certificate of Occupancy for one- and tuo-family (R-3)occupancies may be auared upon special request.
51-1
15.04.012
D. CHIEF OF THE F|RE DEPARTMENT shall mean the head of the fireprotection district having jurisdiction, or his regularlyauthorized deputies.
E. CODE shall mean the 1991 Uniform Building Code and UniformCode for Abatement of Dangerous Buildings of the InternationalConference of Building Officials, 1991 Edition ulth Appendices;Uniform Mechanical Code of the International Conference ofBuilding Officials, 1991 Edition with Appendices; the UniformPlumbing Code, the Uniform Swimming Pool, Spa and Hot Tub Code,and the Uniform Solar Energy Code of the InternationalAssociation of Plumbing and Mechanical Officials, 1991 Edition;National Electrical Code of the National Fire ProtectionAssociation, 1993 Edition, uith Appendices, uith the UniformAdministrative Code Provisions for the National Electrical Codeof the International Conference of Building Officials, 1991Edition, and all amendments to said Codes and/or Standards as ofthe date of the execution of this Ordinance and as set forth inSection 15.04.014 of this Ordinance.
F. TOUN shall mean the area of The Town of Gypsum inside of theincorporated limits, hereinabove referred to as the "regulatedarea".
G. FACTORY-BUILT HOUSING UNIT shall mean any structure orcomponent thereof, designed primarily for residential occupancy,either permanent or temporary which 1s wholly or in substantialpart made, fabricated, formed or assembled In a manufacturingfacility intended for assembly and Installation, on a permanentfoundation as a building site and uhich carries a ColoradoDivision of Housing "Factory-Built Unit Certification".
H. FINAL INSPECTION shall mean a final inspection and finalapproval of all buildings and structures uhen deemed complete andready for occupancy and use. A final inspection approval forone- and two- family duelling units may be granted only if, butnot limited to, the following components of a project arecomplete and u1thin the UBC Codes, and approved by the EagleCounty Building Official.
1. Kitchen complete and operative.2. All bathrooms complete and operative as per the approved
plans.3. All smoke detectors installed per UBC 1210 and
operative.4. The following life safety items are fully Installed:
a. Address Numbersb. Handral1s.c. GuardraiIs.d. Decks.e. Stairs.f. Separation between the garage and house complete,
20 minute labeled door with closure (must latch).5. Furnace/Boiler operable.
51-2
15.04.012•^^f
6. Final Electrical approval.7. Final Mechanical and Plumbing approval.8. Fire department revleu and approval of Commercial or
Multi-Family projects uhere required.9. All required permits are issued.10. Culvert under the driveuay installed per Toun of Gypsum
specifications (located on the approved drawing), andthe on-site drainage Improvements are cleaned to allouuater to flou freely.
11. Positive drainage auay from the structure at alllocations.
12. The exterior of the building shall be completed,including roof assembly and parking areas, as perapproved plans.
13. Sufficient roaduay access for emergency vehicles.I. HEALTH OFFICER shall mean the Eagle County Health Officer asappointed by the Eagle County Board of Health. For the purposeof administering the Individual Seuage Disposal SystemRegulations (Chapter IV Eagle County Land Use Regulations), theEnvironmental Health Officer has been designated as his dulyauthorized representative.
J. MANUFACTURED HOUSING (MOBILE HOME) shall mean afactory-assembled structure or structures equipped uith thenecessary service connections and made so as to be readilymoveable as a unit or units on Its (their) oun running gear anddesigned to be used as a duelling unlt(s) uithout permanentfoundation. ANSI A119-1: (1)(1) The phrase "uithout a permanent foundation" Indicates thatthe support system is constructed uith the Intent that the mobilehome placed thereon u l l l be moved from time to time at theconvenience of the ouner. (American National Standards Institute(ANSI) Article A119.1: Standard for Mobile Homes, National FireProtection Association (NFPA Edition No. 501A, 1990) Section 1 2)
K. LOFT shall mean any story or floor area in a building uMchIs open to the floor directly belou, but uhich does not qualifyas a mezzanine due to its failure to comply uith one or more ofthe items specified for mezzanine floors In Section 1717. Atleast one side of the loft shall be at least 50% open to the roombelou. Lofts may be habitable space or non-habitable space.(Habitable lofts in residential occupancies shall be consideredas sleeping rooms or bedrooms).
L. LOT shall mean any legal parcel of land created In complianceuith the Toun of Gypsum Subdivision Regulations on record in theoffice of the Toun ;of Gypsum or Eagle County Clerk and Recorder.
M. ROAD OR STREET shall mean a uay or rlght-of-uay reserved forpublic or private use (other than an alley) uhich also providesprimary vehicular and pedestrian access to adjacent properties;it may also by used for drainage or utility access to adjacent
51-3
15.04.012
properties, and may include the terms: avenue, drive, highuay,lane, place, road or other similar designation.
N. SIGN shall mean any letters, figures, design, symbol,trademark, illuminating device, or other device intended toattract attention to any place, subject, person, firm,corporation, public performance, article, machine or merchandiseuhatsoever, and painted, printed, constructed or displayed in anymanner uhatsoever.
0. SITE shall mean any parcel or area of land having an areasufficient to satisfy the provisions of the Toun of GypsumSubdivision Regulations.
P. TEMPORARY CERTIFICATE OF OCCUPANCY for one- and tuo-familyduelling units (R-3 occupancies) shall mean a TemporaryCertificate of Occupancy that may be issued uhen, but not limitedto, the follouing components of a project are complete andapproved by the Eagle County Building Official.
1. Kitchen operative.2. One bathroom operative as per the approved plans.3. All smoke detectors Installed per UBC 1210 and
operative.4. The follouing life safety items are fully installed:
a. Address Numbers.b. HandraiIs.c. GuardraiIs.d. Decks.e. Stairs.f. Separation betueen the garage and house complete,
20 minute labeled door uith closure (must latch).5. Furnace/Bo11er Is operab1e.6. Final Electrical approval.7. Final Mechanical and Plumbing approval.8. Culvert under the driveuay installed per County
specifications (located on the approved drauing), andthe on-site drainage Improvements are cleaned to allouuater to flou freely.
9. Positive drainage auay from the structure at alllocations.
10. The permit holder and ouner/buyer/occupant shall enterinto a Temporary Certificate of Occupancy requestagreement uherein they agree that all requiredcorrections as stated by the Building Official arecompleted uithin the required 30 day timeline. Theagreement shall be presented to the Building Officialprior to the Issuance of any Temporary Certificate ofOccupancy.
11. Sufficient roaduay access for emergency vehicles.The Temporary Certificate of Occupancy agreement shall besubmitted and approved by the Building Official.
51-4
15.04.012
The Temporary Certificate of Occupancy for one- and tua-fam1lyduellings shall have a time period of up to, but not more than,30 days from date of issuance.
The Temporary Certi fi cate shall be posted in a conspicuousplace on the premises until final approval for occupancy iscomplete. (Ord. 1 series 1994)
Q. TEMPORARY CERTIFICATE OF OCCUPANCY for Commercial orMulti-Family, 3 or more units (A, B, E, H, I X, R-l occupancies)shall mean a Temporary Certificate of Occupancy that may beissued uhen, but not limited to, the follouing components of aproject are complete and approved by the Eagle County BuildingOfficial.
1. Kitchen operative.2. One bathroom operative.3. All smoke detectors installed per UBC 1210 and
operative.4. The follouing life safety items are fully installed:
a. Address Numbers.b. Handra i1s.c. GuardraiIs.d. Decks.e. Stairs.f. Separation betueen the garage and house complete, 20
minute labeled door uith closure (must latch).5. Furnace/Boiler is operable.6. Final Electrical approval.7. Final Mechanical and Plumbing approval.8. Fire department revleu and approval of Commercial and
Multi-Family projects uhere required.9. Culvert under the drlveuay installed per Toun of Gypsum
specifications (located on the approved drauing), andthe on-s1te drainage improvements are cleaned to allouuater to flou freely.
10. Positive drainage auay from the structure at alllocations.
11. Commercial or Mut11-Family Residential (3 or moreduelling units) projects shall be required to have acompleted core and shell inspection. The exterior ofsaid buildings shall be required to be completed,including roof assembly. The Interior of said buildingsshall have all exit corridors, ramps, stairuays, smokeproof enclosures, horizontal exits, exit passageuays,courts, yard and entry uays completed in all occupiedareas. Separate adequate parking shall be required forthe public in said buildings.
12. Uhere the landscaping, revegetation, drainage or culvertinstallation, required under Section 2.07.01 (4) ofthese Land Use Regulations for the purposes ofpreventing land erosion, Improper drainage, damage toproperties and unslghtliness in residential zonescontaining multi-family duellings and in all portions oflots 1n CL, CG, I, and PUD Zone Districts, it 1s not
51-5
15.04.012—15.04.013
complete, or uhere Public Improvements are requiredunder Section 2.20 of the Eagle County Land UseRegulations, a Temporary Certificate of Occupancy maybe awarded upon submlttal and approval of a properlyexecuted Construction Improvement Agreement. If theimprovements required for issuance of a finalCertificatejof Occupancy have not been completed uithinone year of'the date of issuance of the TemporaryCertificate of Occupancy, the County may arrange suchcompletion using the collateral. Should compliance beattained any time prior to the expiration of one year,the collateral u i l l be returned to the permittee uponIssuance of the Final Certificate of Occupancy.
13. Sufficient roaduay access for emergency vehicles.Requirement Improvements col lateralized under asubdivision Improvements agreement to uhlch the Countyis a party may not be required to be furthercol lateralIzed under this sub-section.
The Temporary Certificate of Occupancy agreement shall besubmitted and approved by the Building Official.
The Temporary Certificate of Occupancy for Commercial orMulti-Family duellings shall have a time period of up to, but notmore than, one year from date of Issuance, uhere a project doesnot have a Construction Improvement Agreement.
The Temporary Certificate shall be posted in aconspicuous place on the premises until final approval foroccupancy is complete.
R. UORK shall mean the construction, demolition, alteration,repair, moving or change in the class of occupancy of anybuilding, equipment or structure, and shall Include theinstallation, construction, alteration or repair of any privateor subsurface seuage-disposal system, and the placement and useof a mobile home as a living unit elseuhere than in an approvedmobile-home park as defined in the Toun of Gypsum ZoningRegulations, Section 18.16.040. (Ord. 1 series 1994)
15.04.013 AMENDMENTS TO THE 1991 CODE
A. UHERE the requirements or conditions imposed by a provisionof this Ordinance differ from the requirements or conditionsimposed by the 1991 Code, the most restrictive shall govern.
B. THE UNIFORM BUILDING CODE, 1991 EDITION IS SPECIFICALLYAMENDED AS FOLLOUS:
1. Amendment of Section 202 <a> the first sentence of thefirst paragraph is changed to read: "The Building Official ishereby authorized and directed to enforce all of the provisionsof this Code; houever, a guarantee that all buildings andstructures have been constructed in accordance uith all provisions
51-fo
15.04.013
of this Code Is neither intended nor implied".2. Amendment of Section 301 (b) item 1 "Permits": One story
detached buildings used as tool and storage sheds, playhouses andsimilar uses, provided the projected roof area does not exceed120 square feet and the height of said buildings does not exceed10 feet at peak of roof. These buildings must specifically notbe intended or us^d for human habitation. Amendment of Section301 (b) 7: Decks not more than 30 inches above grade and notmore than 20 square feet, u i l l not require a Building Permit.
3. Amendment of Section 303 (a) "Issuance" to add thefollouing paragraph:
A building permit u i l l not be Issued in the Toun of Gypsumjurisdiction until all construction drawings, applications, andpermit fees are submitted and approved. Notwithstanding theforegoing, a footing and foundation permit may be Issued prior tothe receipt of other permit Information, if adequate structural,site plan, flood plain and geological hazard Information isprovided.4. Amendment of Section 303 (d>: No permit shall be extendedmore than once; is hereby deleted.5. Amendment to Section 304 (b) Valuation - to add the follouingsentence:
The valuation for building permits in the Toun of Gypsumshall be based on the average cost figures per square foot shounin the Building Valuation Data Chart published bi-monthly in theBu11d1ng 5 tandajrds Magaz 1 ne of the International Conferenceof Building Officials.
6. Amendment of Section 305 (b) "Inspection Record Cards" to addthe follouing sentence:
Inspection Record Cards shall be posted as described inTable No.8, Included in the text hereof and incorporated hereinby this reference.
It shall be the responsibility of the permittee to displaythe Building Permit card on the job site throughout theconstruction process for Inspectors signatures.
For Temporary Certificate of Occupancy or Certificate ofOccupancy approval to occur, this card must be fully signed andreturned to the Toun of Gypsum Office.
If this card becomes lost or unreadable, there u i l l be a$20.00 fee to update or replace the card.
7. Amendment of Section 306 <a) "Special Inspection" to addthe follouing sentences:
LOG HOMES: A third party inspection by a certified loginspection agency shall be required of all structural log type
ELEVATORS: Elevators installed in all structures shallrequire a third party plan revieu and Inspection be a certifiedelevator Inspection 4gency.
8. Amendment of section 503 Cd) "Fire Ratings for OccupancySeparations" to add the follouing paragraph:
51-7
15.04.013
family residences having primary and secondarya. Singleunits uithln.
b. Insulation placed in Occupancy separations shall notcontain combustible materials.
c. A one hour fire resistive assembly shall beseparation of Individual tenant finishes of GroupOccupancies located under a common roof assembly.
required forB Division 2
9. Amendment to Section 1213 "Special Hazards" theexception is hereby deleted and the follouing sentences areadded: Residential buildings containing a boiler, centralheating plant, or hot uater supply boiler 1n excess of 400,000btu per hour input, the room uhere the boiler is located shall berequired to be separated by fire resistive construction.
10. Amendment of Section 1212 "Heating" to add the follouingsentences: Heat loss calculations shall be required for allduelling units, the minimum design criteria shall be 70 degreetemperature inside and 20- degree temperature outside.
Minimum insulation requirements for Group R Division 1&3Occupancies shall be as follous: R-ll for exterior ualls andR-19 for ceilings and roofs exposed to the outside. Insulationinstalled for exterior ualls shall be required to have a minimum4 mi 1 vapor barrier or equivalent.
11. Amendment of Section 1706 "Shaft Enclosures" to add thefo11ou1ng subsect1 on:
Factory built chimneys shall be enclosed uith materialssuitable for construction of a one hour fire resistive uall.Firestops can be omitted in chases uhlch are protected on allsides. Toun of Gypsum requirements for enclosure of factory builtchimneys shall be as set forth in Table 7, included in the texthereof and Incorporated herein by this reference.
12. Amendment of Section 2305 <d> "Snou Loads" This sectionis hereby deleted and replaced uith the follouing:
Snow load requirements for the Toun of Gypsum shall be as setforth In Table 2, entitled "Eagle County Snou Load Requirements",included in the text hereof and Incorporated herein by thisreference. *For snou loads on mobile homes, refer to page ??
13. Amendment of Section 2905 <f) "Drainage" to add thefollouing paragraphs:
Positive drainage auay from the exterior of all foundationualls must be maintained. In those locations uhere thefoundation is subjected to a high uater table, or uhere surfaceor ground uater drainage u l 1 1 present a problem, additionalprecautions may be required.
Foundation Drains - Uhere foundation or footing drains arerequired or provided voluntarily, they shall be connected to apositive outfall or approved dryuel1. Perforated tile shall beInstalled belou the area to be protected. Tile shall be made ofapproved materials and shall be installed having a minimum slope
51-8
15.04-013
to outfall of one-half (1/2) percent (approximately one (1) InchIn twenty (20) feet). Tops of joints in drain tile shall becovered uith six (£>) to eight (8) inches of coarse gravel orcrushed rock. Foundation drains may be omitted at the discretionof the Soils Engineer uhere ue11-drained soil exists or uhereground or surface uater u i l l not present a problem.
14. Amendment of Section 2907 (a) "General" to add thefo11ou i ng sentence:
All heated spaces uithln a building or attached theretoshall have foundation frost walls having a depth of at least 42"measured from the bottom of the footing to the backfillgradelines unless otherwise designed by a structural engineer fora specific location.
15. Regarding Chapter 31 of the Uniform Building Code. TheTown of Gypsum does not 1 to review. Interpret or apply in anymanner the provisions set forth In 36 CFR Part 1191, AmericansUith Disabilities Act (ADA); Chapter 31 of the 1991 UniformBuilding Code Is advisory only. Compliance uith Chapter 31 ofthe Uniform Building Code and the ADA Is the sole responsibilityof the property owner and/or his/her agents and representatives.
16. Amendment to Section 3703 (f) "Height and Termination"to add the following sentences: "Solid fuel chimney caps shallnot be constructed in a way that prevents accessibility forcleaning". Uhere solid fuel and gas burning appliance flue ventsare terminated within 24 Inches horizontally of each other saidflue vents are to be offset 10 Inches vertically.
17. Amendment of Section 3705 (a) "Factory Built Chimneysand Fireplaces" to add the following sentences:
Factory built chimneys shall be supported at Intervals notto exceed 10 feet by wall straps or equivalent.
Outside combustion air shall be required to the fireplaceboth gas-fired and uood burning, to be terminated inside thefirebox wall. Ducts for said combustion air shall be a minimumof 26 gauge galvanized metal when located in a fire resistiveshaft.
1991 UNIFORM BUILDING CODE APPENDIX SECTION
18. Uniform Building Code Appendix Chapter 1 - Division I -"Life Safety Requirements for existing buildings" is herebydeleted. Division II - "Life Safety Requirements for existinghigh rise buildings" is hereby deleted.
19. Appendix Chapter 11 - "Agricultural Buildings" Section1107 is hereby amended by changing the first paragraph to readhereto:
The provisions, of this appendix shall apply only toagricultural buildings placed on a lot less than 2 acres and on alot more than 2 acres where agricultural buildings are to be usedfor human habitation, public riding arenas or public events.
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15.04.013
20. Uniform Building Code Appendix Chapter 12 "Requirementsfor Group R, Division 3 occupancies is hereby deleted.
21. Uniform Building Code Appendix Chapter 23 Division I"Alternate Snow Load Design" 1s hereby deleted. Division II"Earthquake" is hereby deleted. Division III "Earthquake" ishereby deleted.
22. Uniform Building Code Appendix Chapter 24 -"Prescriptive Masonry Construction in Hlgh-UIInd Areas" is herebydeleted.
23. Uniform Building Code Appendix Chapter 25 -"Conventional Light-Frame Construction in H1gh-U1nd Areas" ishereby deleted.
24. Uniform Building Code Appendix Chapter 26 - "Protectionof Residential Concrete Exposed to Freezing and Thaulng" ishereby deleted.
26. Uniform Building Code Appendix 38 - "Basement PipesInlets" is hereby deleted.
27. Uniform Building Code Appendix 51 - "Elevators": Amendmentto fee schedule - A fee for each permit shall be paid to thebuilding official as follows:
New Installations:Passenger or freight elevator, escalator, moving walk:
Up to and including $40,000 of valuation - $55.00.Over $40,000 of valuation - $55.00 plus $1.00 for each$1,000 or fraction thereof over $40,000.
Dumbwaiter or private residence elevator:Up to and including $10,000 of valuation - $20.00.Over $10,000 of valuation - $20.00 plus $1.00 for each$1,000 or fraction thereof over $10,000.
Neu construction plan review $42.50 per hour.
The Annual Certificate of Inspection and fees w i l l beadministered by the Certified Elevator Inspection agency.
Section 5110 (b) Exception is hereby deleted.
28. Uniform Building Code Appendix Chapter 70 - "Excavationand Grading" Section 7015 (a) "Final Reports". Add a neusubsection # 4 to read:
Uhere drainage Improvements are required, the work 1s to becomplete per approved plans and ready for Inspection at the timeof the Temporary Certificate of Occupancy Inspection. It w i l l bethe general contractor's responsibility to maintain positive
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15.04.013
drainage on the site during all phases of construction, includingprotection of any drainage along the Public Roadway.
C. THE NATIONAL ELECTRICAL CODE, 1993, EDITION ISSPECIFICALLY AMENDED AS FOLLOUS:
1. Amendment of Article 220-4 (b) to add the followingsentence to the first paragraph:
There shall be no more than four (4) duplex receptacles onthe small appliance branch circuit.
2. Amendment, of Articles 210-21, 220-3, 220-4 to add thefollouing sentence to the first paragraph:
Only eight (8) outlets w i l l be Installed on IS amp circuits;or ten CIO) outlets on 20 amp circuits for lighting branchcircuits including receptacles.
3. Amendment of Article 305-1 "Temporary Uiring - Scope" toadd a new subsection (e):
Permanent services on buildings which are energized forconstruction work w i l l be considered as temporary serviceequipment until such time as the final Inspection is completed.
4. Amendment to the N.E.C. 1993 Article 210-8 to add thefollowing sentence: All G.F.C.I, protection shall be resetable inrooms where protection is required Including outside receptacles.
5. Amendment to Article 680-70 Hydromassage Tubs to add thefollowing sentence: All G.F.C.I, protection shall be locatedwith in the same room. It is to be installed 5 feet + off offinished floor and 5 feet from hydromassage bathtub. The cord isnot to exceed 3 feet from motor to receptacle Installed near theaccess door protected by the resetable G.F.C.I, mounted on thewall. (The resetable G.F.C.I, is not to be installed under thetub).
D. THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONALELECTRICAL CODE. 1993 EDITION IS SPECIFICALLY AMENDED ASFOLLOUS:
Pursuant to 12-23-105 C.R.S. only qualified licensedelectricians may install "Electrical Work" as defined in12-23-101 (1.7) by Colorado State Electrical Board 1988 Edition.
Notwithstanding the foregoing provision, an ElectricalLicense w i l l not be required provided all conditions of Section12-23-111 (2) C.R.S. have been satisfied.
E. PLUMBING LICENSE REQUIREDPursuant to 12-58-115, C.R.S., only qualified licensed
plumbers may install "Plumbing Systems" as defined 1n 117-j ofthe Uniform Plumbing Code, 1991 Edition.
F. The Uniform Plumbing Code Section 30.4 "Cost of Permit","Schedule of Fees" is hereby amended. Current schedule ofof Plumbing Permit Fees is contained in Table 5
1. Amendment of Section 506 - Vent terminations on metalroofs shall be within 3 feet of the ridge or be provided with an
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15.04.013vi
alternate means of protection.2. Amendment of Section 1004 (a) 1s amended in the second
and third sentence to add the use of PB (Polybutylene) piping andtubing in uater piping systems.
3. -Amendment of Section 1317 <c> <d> - Vent terminationshall be as required by Uniform Mechanical Code Section 906 (d)and Toun of Gypsum Ordinance 15.04.013 (17).
4. Appendix I entitled "Private Sewage Disposal Systems"1s hereby deleted.
5. Amendment of Section 608 (d) - No domestic dlshuashingmachine shall be directly connected to a drainage system or fooduaste disposer without the use of an approved dishwasher alrgapfitting on the discharge side of the dlshuashing machine. Listedairgaps shall be Installed uith the flood level <FL> marking ator above the flood level of the sink or drainboard, whichever Ishigher, or separately trapped with the airbreak located on thestand pipe.
6. Amendment of Section 613 - "Horizontal and Vertical UetVenting" (d) - Single bathroom groups - a single bathroom groupof fixtures may be Installed with the drain from an Individuallyvented lavatory or lavatories serving as a wet vent for abathtub, shower compartment, or floor drain and for a watercloset provided the requirements listed below are met: (1) Notmore than four fixture units drain into a minimum 2 Inch diameterwet vent. Kitchen sinks, dishwashers, or automatic clotheswasher connections are not permitted. (2) The horizontal branchdrain connects to the stack at the same level as the water closetdrain; or it may connect to the upper half of the horizontalportion of the water closet bend at an angle not greater than 45degrees from the direction of flow. (3) Trap arm sizes andlengths shall conform to tables 4-1, 4-3, and 7-1.
7. Amendment of Section 708 - "Sand Trap or Interceptor"-Minimum capacity of oil and sand interceptors shall be 6 cubicfeet plus l.C.F. for each vehicle washed during a 24 hour period.Maximum depth permitted is 12 feet below grade.
For concrete or hard surface, extend top ring andinstall iron ring and cover.
Location depends on fire regulations and otherconsiderations. If gas tight cover Is provided, trap may be1nsta11ed 1ns1de.
8. Amendment of Section 1003 (k) - Heat Exchangers, andother assemblies or methods of construction using potable watershall be of listed construction and materials. The sections incontact with potable water shall be of material and weightssuitable for potable water as set forth in this chapter.
9. Amendment of Appendix D - (d) - Overflow drains shall bethe same size as the roof drains with the inlet flow line twoinches (50.8mm) above the low point of the roof and shall beinstalled Independent from the roof drains.G. The Uniform Mechanical Code, 1991 Edition is specif1callyamended as follows:
1. Section 1104: Domestic kitchen range exhaust ducts whichdischarge from the bottom of the range through the base cabinet
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15.04.014—15.04.016
and into a space belou the floor, shall be made of at least 26gauge metal and shall have smooth surfaces. This requirementshall Include those listed ranges uhlch permit the use offlexible metal exhaust ducts.
2. Amendment of Section 304 (b) Table 3-A has been amendedsee Table 4 of the Toun of Gypsum Ordinance 1-93. (Ord. 1 series1994)
15.04.014 RESPONSIBILITY OF OUNER. CONTRACTOR ORAUTHORIZED AGENT
Neither the granting of a permit, nor the approval of thedrauings and specifications, nor inspections made by the BuildingOfficial shall in any uay relieve the owner of such building orstructure from full responsibility for carrying out all uork inaccordance uith the requirements of this Ordinance. (Ord. 1series 1994)
15.04.015 GENERAL RESTRICTIONSA. No person shall commence or continue any uork In respect
to any building, structure, factory-built housing unit, mobilehome or equipment, uithout first obtaining the necessary permitsfrom the Toun of Gypsum.
B. No person shall commence or continue any uork in respectto any private or subsurface seuage disposal system without firstobtaining a permit from the Environmental Health Division.
C. Uritten approval of the Environmental Health Divisionshall be obtained before the backfilling of any private orsubsurface seuage disposal system.
D. In respect to any uork undertaken in violation of theprovisions of subsection 15.04.015 <c) or 15.04.015 <e) of thisSection, the Building Official or Environmental Health Officer ortheir duly authorized representatives, may at any time requirethat such uork, in uhole or in part, be exposed for inspection.
E. No person hall occupy any neu building, factory-builthousing unit or mobile home until seuage disposal facilities,meeting the minimum standards of the regulations, of the StateBoard of Health or any of the Eagle County Individual SeuageDisposal Regulations, have been Installed and have been approved,in uriting, by the Environmental Health Division. (Ord. 1 series1994)
15.04.016 PERMITS AND FEESThe Building Department shall Issue a permit uhere:
1. An application for a permit has been made 1n accordanceuith the provisions of this Ordinance.
2. The proposed uork set out In the application conforms tothis Ordinance and all other laus, regulations, resolutions, ororders having application in the Toun of Gypsum.
3. All Construction drauings, applications, and permit feeshave been submitted and approved. A footing and foundationpermit may be auarded prior to receipt of other permitinformation if structural and site plan Information pursuant toSections 302 (b) and 302 (d) of the 1991 Building Code and theToun of Gypsum Subdivision Regulations, is provided.
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15.04.016
4. A reduced fee for a repetitive plan check u i 1 1 beallowed uhen one or more buildings are to be constructed from aset of plans previously approved by the Eagle County BuildingDivision.
The applicant applying for the repetitive plan check u i l lbring in the original stamped approved plans and an identicalplan or plans to the Building Division. The neu identical plansu i l l be kept as County and Toun records. The original approvedset of plans u i l l be re-stamped ulth the neu Building PermitNumber and date. This set u i l l become the approved field copyfor the repetitive permit.
A plan check fee of $42.50 per hour uith a minimum of 3hours to be charged.
B. The Building Department shall not issue a permit uhere:1. The proposed uork, as set forth in the application, or
the proposed use of the building or structure uhen completed,does not comply ulth the provisions of the Toun of Gypsum'sZoning Ordinance;
2. The ouner or applicant, in relation to the proposed lotor site, has not complied ulth the provisions of the Toun ofGypsum's Subdivision regulations controlling the subdivision,platting, partitioning, or other division of land;
3. The proposed uork, as set forth in the application, orthe proposed building or structure uhen completed, uould be inviolation of the Toun of Gypsum Zoning Map.
4. A private or subsurface seuage disposal system isnecessary and the proposed site does not meet the requirements,conditions, or Imposed provisions of State lau or regulation ofthe State Board of Health, or of any Eagle County seuage disposalregulation. Uhere a private or subsurface seuage disposal systemis necessary and the proposed site meets the requirements orconditions therefore imposed by a provision of the aforesaidlaus, regulations, or resolutions, the Building Official shallnot Issue a permit until seuage disposal permit has first beenIssued 1n urlting by the Environmental Health Office;
5. The proposed site is located, all or In part, uithin anyarea determined by the Building Official to necessitate specialbuilding requirements as a result of geological hazards or FloodPlain Hazard Area in any Toun Ordinance; and the specialpermit required by such ordinance has not been obtained by theapplicant. All special building requirements Included in anysuch special permit shall be Incorporated into the permit Issuedto the applicant under this Ordinance.
6. In the opinion of the Building Official, the results ofthe tests referred to in Section 15.04.018 <B) of this Ordinanceare not satisfactory.
C. FEES1. The schedule of fees to be charged for the Issuance of a
permit under this Ordinance shall be as set forth in Tables 3, 4,5, and 6, as Included in the Tables. Minimum permit andInspection fees for the Uniform Solar Energy Code and the UniformSuimmlng Pool, Spa and Hot Tub Code shall comply uith the minimum
51-14
_ 15.04.016
stated on Table 3 of this Ordinance.2. Additional permit fees shall be charged as follous:a. For moving or demolishing any building or structure
$42.50 (per inspection)b. For Factory Built, Manufactured Housing/Mobile Home Base
Fee Cost:
Single UMde Unit2 field Inspections$127.50
Double UMde Unit3 field Inspections$212.5O
and 1 hour plan checking/office time
and 2 hour plan checking/office time
Note: The above Includes plumbing and MechanicalInspections without separate permitting.
Note: All additional inspections ul l l be $42.50 each.Examples: Footing, Foundation (other thanBlock/pads), reInspectIons and any and allInspections performed on a basement.
c. For site Inspection and review of a plot to evaluatepotential locations for an Individual subsurface or private seuagedisposal system, per lot or test site (does not includeperco 1 at 1 on test $85.00
**See Resolution No. 80-11, 1980 - Local Board of HealthEagle County Individual Seuage Disposal Regulations.
d. For site Inspection including percolation test and soilprofile observation (per visit) $200.00
e. For review and completion of a Federal HousingAdministration questionnaire with respect to a duelling to besold, Including site inspection of a uater supply and seuagedisposal system and uater supply evaluation including uater uel1construction comments $200.00
f. For reinspectIons of Improperly installed septicsystems $42.50
3. If the Building Official discovers any personundertaking any uork In violation of this Ordinance, he shallnotify the violator to cease such act or acts, and such violatorshall pay for such permit tulce the amount of the fee otherulselevied (U.B.C. Sec 304 (e) ).
4. The estimated value of the uorkBuilding Official and shall be basedmaterials and labor for each permitstructure.
shall be reviewed by theon the declared cost offor each building or
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15.04.016—15.04.017
5. The General Contractor shall be required to provideadequate sanitary facilities during construction.
6. The minimum mechanical permit fee for voluntarilyreplacing an existing uood burner uith a new technology device ora device uhich permanently utilizes natural gas, propane orsimilar clean burning fuel, shall be waived.D. An application for a permit shall:
1. Be made on the form prescribed by the BuildingDepartment;
2. Be signed by the applicant;3. Be accompanied by the fee prescribed for work to be
undertaken;4. State the Intended use of the building structure;5. Include copies in triplicate of a site plan and scale
drawings and specifications of the uork to be carried out asrequired by Section 302 of the 1991 Uniform Building Code.Notwithstanding the provisions of Section 302 of the 1991 UniformBuilding Code, the site plan shall shou and include:
a. Property lines, direction of North and scale ofdrawings.
b. Outline of proposed and existing building with setbacksfrom property lines Indicated on all sides.
c. All easements, utility, water and sewer lines.d. Driveway and driveway intersections with public road,
including grades, widths, and necessary culverts and ditches.e. Parking spaces dimensioned and numbered, with snow
removal area<s) indicated.f. Proposed method of drainage of water away from
foundation and into drainage way.g. Proposed soil stabilization, revegetation or landscape
plan with erosion and sediment control.h. Location of live streams, ponds or lakes, all other dry
washes and irrigation ditches, and 100 year flood plain limits.1. Proposed and existing wells on subject property and
adjacent property.j. Location of Individual sewage disposal system, if
proposed, with distances Indicated from proposed system todwellings, wells, and other fixed reference objects.
k. Any additional information deemed reasonable andnecessary by the Building Official and Zoning Officer. <0rd. 1series 1994)15.04.017 DOCUMENTS ON THE SITE
A. The person to whom the permit is Issued shall, duringconstruction,, keep:
1. Posted In a conspicuous place on the property in respectof which the permit was Issued a copy of the building permit or aposter or place card approved by the Building Department in lieuthereof, and;
2. A copy of the approved drawings and specificationsreferred to in Subsection 15.04.016 (D-5)on the property 1n respect
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15.04.018—15.04.019
of which the permit uas issued.3. It shall be the responsibility of the permittee to
display the building card on the job site throughout theconstruction process for inspectors signatures.
For Temporary Certificate of Occupancy or Certificate ofOccupancy approval to occur, the building card must be fullysigned and returned to the Toun of Gypsum. If this card becomeslost or unreadable, there u i 1 1 be a $20.00 fee to update orreplace the card. (Ord. 1 series 1994)
15.04.018 POUERS OF THE BUILDING OFFICIALA. The Building Official 1s charged uith the administration
and enforcement of the Ordinance under authority of the EagleCounty Department of Community Development.
as per UBCreasonable
202time for the
B. The Building Official may1. Enter any premises at any
purpose of administering this Ordinance:2. Direct that tests of materials, devices, construction
methods, structural assemblies or foundation conditions be made,or sufficient evidence or proof is necessary to determine uhetherthe material, devices, construction or foundation meets therequirements of this Ordinance. The records of such tests shallbe kept available for inspection during the construction of thebuilding or structure and for such a period thereafter asrequired by the Building Official;
3. Direct by uritten notice, or by attaching a placard topremises, the correction of any condition uhere, 1n the opinionof the Building Official, such condition violates the provisionsof this Ordinance.
4. Revoke a permit uhere there Is a violation of theprovisions of this Ordinance. (Ord. 1 series 1994)
15.04.019 APPEALSA Board of Appeals shall be created as provided in Section
204 of the 1991 Code.Appeals to the Board of Appeals.1. Membership of the Board of Appeals. A Board of Appeals,
consisting of five C5) members, shall be appointed by the GypsumToun Council to hear and decide appeals as provided hereunder, allmembers ui11 be limited to three (3) year terms, and thereaftereach neu member shall serve for three (3) years or until hissuccessor has been appointed. Uhere any member Is appointed tof i l l a vacancy occurring during the term of a member, thesuccessor's term shall run until the expiration of the term ofthe member he succeeds. The Boardits membership a Chairman and auritten record of all proceedings of
2. Qualifications of Boardare available in the Toun, eachprofessional engineer or architect
shal 1uho
appoint fromshal1 keep a
of AppealsSecretarythe Board.Members: If any such personsmember shall be a licensedor a building contractor or
super i ntendentqualified bypertaining to
of building construction, or other personexperience and training to pass on mattersbuilding construction, and at no time shall there
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15.04.019
be more than tuo members from the same profession or business;and at least one member shall, if possible, be a licensedarchitect and one member shall be a licensed structural or civilengineer.
3. Application for Appeal: Any person aggrieved by adecision of the Building Official denying, Issuing, or revoking apermit or in applying the provisions of the Code or thisOrdinance to the construction, alteration or repair of astructure, as herein defined, may appeal such decision to theBoard of Appeals.
4. Time for Appeal: An appeal shall be commenced ulthln 10days from the date of the decision appealed from by filing awritten Notice of Appeal uith the Secretary of the Board ofAppeals setting forth the decision appealed from.
5. Board Action on Appeal: Upon receipt of a Notice ofAppeal, the Secretary shall schedule said appeal for Hearing In30 days, or if the Board has adopted a regular schedule ofmeetings, not later than the third regular meeting followingreceipt of the Notice. The Secretary shall thereupon mailwritten notice of the date, time, and place of the Hearing to theBuilding Official and to the Appellant.
fe. Hearings: Hearings shall be public and shall beconducted as nearly as possible In conformity with Section24-4-105 C.R.S. 1973, as amended. The Board shall adoptreasonable rules and regulations for the conduct of hearings andthereafter such rules and regulations shall govern the conduct ofsuch hearings.
7. Rulings: The Board shall issue its findings and rulingsthereon in writing not later than 30 days after the hearing, ornot later than the second regular meeting following the hearing,if the regular schedule of meetings has been adopted by theBoard. The Secretary shall mail copies of the findings andrulings to the Building Official and Appellant.
B. Appeal to the Gypsum Town Council.
1. GrievancesAny person aggrieved by a decision of the Board of
Appeals shall have the right of appeal therefrom to the GypsumTown Council. Such appeal shall be made within thirty (30) daysfrom the date of the decision of the Board of Appeals, and In thecase of an appeal by the Building Official, the originalAppellant shall be notified within five (5) days from the date ofthe decision that the Building Official Intends to appeal thedecision.
2. ProcedureAppeals hereunder shall be commenced by filing a written
Notice of Appeal with the Clerk to the Gypsum Town Council, whoshall schedule the appeal for hearing not later than the secondregular meeting following receipt of said Notice. The Clerkshall notify the Secretary of the Board of Appeals, the BuildingOfficial and the Appellant 1n writing of the date, time and placeof the hearing.
51-18
-. ™ 15.04.020—15.04.030
3. Transmission of FilesUpon receipt of the Notice from the Clerk, the Secretary
of the Board of Appeals shall transmit the File containing allExhibits, Testimony and Evidence of whatsoever kind to the Clerknot. later than ten (10) days prior to the scheduled hearing.
4. HearingAt the Hearing the Gypsum Toun Council shall examine the file
and consider any additional evidence which it deems appropriate.Strict rules of evidence shall not apply, but all additional oralevidence shall be reduced to writing in summary form.
5. RulingUithin ten (10) days from the date of the Hearing the Board
shall issue Its written ruling affirming, modifying, or reversingthe Ruling of the Board of Appeals. Copies of the Ruling shallbe mailed to the Secretary of the Board of Appeals, the BuildingOfficial, and the Appellant.
The Building Official shall then take whatever action Isindicated by the Ruling of the Board. (Ord. 1 series 1994)
15.04.020 PENALTYA. No person shall commence or continue any work in
respect to any building, structure, or mobile home, or any sewagedisposal system in violation of the provisions of this Ordinance.
B. Any person who violates the provisions of this Ordinanceis liable upon conviction to a fine of not more than one hundreddollars, or by imprisonment in the county jail for not more thanten days, or by both such fine an imprisonment. Each day duringwhich such illegal erection, construction, reconstruction,alteration, maintenance, or use continues shall be deemed aseparate offense.
In case any building or structure is or is proposed to beerected, constructed, reconstructed, altered, remodeled, used ormaintained in violation of the provisions of this Ordinance, theBoard, Building Official, the District Attorney of theDistrict, or any owner of real estate within the area, inaddition to other remedies provided by law, may institute anappropriate action to other remedies provided by law, mayInstitute an appropriate action for injunction, mandamus orabatement to prevent, enjoin, abate, or remove such unlawfulerection, construction, reconstruction, alteration, remodeling,maintenance or use. (Ord. 1 series 1994)
15.04.030 UIAIVERThe Building Official may waive any permit requirements
within this Ordinance only after a determination that the effectof such a waiver is minor and w i l l not affect the health, safetyand welfare of the persons occupying buildings of the Town ofGypsum. (Ord. 1 series 1994)
51-19
TABLE 1 - A PROJECT MAY REQUIRE ONE OR MORE OF THE FOLLOWINGPERMITS:
Building of New Non-Resident-ial Commercial Structure
Moving of Existing Structureto New Location
Moving of Manufactured Housinginto a Mobile Home Park
Moving ft Setting of FactoryBuilt Structure on Bldg site
Building of a Structure UsedSolely as an AgriculturalBuilding (See 3. 05. 02 (T) Pg.9
One story detached buildingsused as tool and storage shedsplayhouses and similar usesprovided the projected roofarea does not exceed 120 s.f.and the height of said build-ings does not exceed 10 feetat peak of roof.
Demolition of the Whole orPart of Building, FactoryBuilt Structures, or Manufac-tured Housing
Additions & alterations invol-ving bedroom, bathroom,kitchen, living room, or otheraccessory rooms
Additions & alterationsinvolving an attached or de-tached garage or shop
Non-structural sidewalke/slabs
NOPERMITRBQ.
•
X
X
X
PERMIT(S)REQUIRED
1,2,3,4,5,6,9,10-
1,2,3,4,5,6,9,10
1
3,8 ;
1,2,3,4,5,6
1
1,2,3,4,6,9,
10
1,2,3,4,5,6
REVIEWREQUIRED
BD,EH,PD,EG
BD,EH,PD,EG
BD,EH,PD,EG
BD,PD
BD,EH,PD,EG
BD,PD
BD,EH,PD,EG
BD,PD,EG
SITEPLANREQ.
X
X
X
X
X
X
X
51-21
1 :
CLASSIFICATIONOF PROJECTS
Additions &
Exterior
Construction &
On Site
Accessory
Construction
Exterior Repair
& Replacement
6/or Addition
Interior Repair
& Replacement
fi/or Addition
SPECIFIC PROJECTS
||giP|P||Pati08 not over30 inches above grade with nopermanent construction abovethe floor line.
Decks t Entry Porches, Etc. .
Retaining Walls, over 4 feetin height (Engineering Req. ) i
Fences over 6 feet in height
Fences used for Agriculturalpurposes only or those fencesunder 6 feet in height
Erection of Exterior Signs(Except as Exempt in ZoningResolutions)
All Non-Structural Landscaping
Replacement of Roof
Repair or Replacement ofExterior Siding
Replacement or Addition ofExterior Window
Repair of Existing ExteriorWindow
Addition of Exterior Door
Repair or Replacement ofExisting Exterior Door
Repair or Replacement offloor covering
Painting, Papering or SimilarFinish Work-Exterior orInterior
Installation of WoodburningStove or Fireplace
NOPERMITREQ.
,"X
X
X
X
X
X
X
X
PERMJT(S)REQUIRED
1,3
1
1
7
1
1
1
4
REVIEWREQUIRED
BD,PD
BD/fiG
BD,PD
BD,PD
BD
BD
-
BD,PD
BD
SITEPLANREQ.
X
X
X
X
-
51-22
CLASSIFICATIONOF PROJECTS
Interior Repair
£ Replacement
ft/or Addition
(Continued)
Hater fi/or
Sewer Systems
SPECIFIC PROJECTS
Replacement of Furnace or HotHater Heater (Except Electri-cal Appliances)
Kitchen Remodel, i.e. CabinetReplacement or CounterReplacement
Rapai / alteration, re-placement or addition ofplumbing system
Repair, alteration, replace-ment or addition of electricalsystem
Demolition of Interior Hall
Addition of Interior Hall
Repair of up to 144 squarefeet of drywall except fireresistive assemblies fi otherthan residential construction
Addition or replacement ofbuilt-in cabinets or shelves
"Installation of Private SewerSystem
* Expansion of Private SewerSystem
*Repair of Private SewerSystem involving replacementof septic tank or repair/moving of leach field
Disconnection of Private SewerSystem and Connecting toPublic Sewer System (ContactApplicable Hater /SewerJurisdiction)
Installation of Private HaterSystem (Contact Colorado Div.of Hater Resources)
i*
HOPERMITREQ.
V
X
X
X
X
X
PERMIT(S)REQUIRED
4,2
2
3
1
1,6
6
6
6
REVIEWREQUIRED
BD
EHCommercial
f
BD
BD
BD
BD
EH
EH
EH
EH
SITEPLANREQ.
X
X
X
51-23
CLASSIFICATIONOF PROJECTS
Water 6/or
Sewer Systems
(continued)
Plumbing
Mechanical
Fire Alarm
OR
Fire Sprinkler
• iSPECIFIC PROJECTS
Installation of Public HaterSystem Serving More than 20People (Contact Colorado Dlv.of Water Resources, ColoradoDepartment of Health)
Serving 20 People or Less
Installation of Water &/or iSewer Distribution/Collect ionLines & Taps within PublicRight-of-way or Easement forPublic Utilities
*See Resolution of Local Boardistate of Colorado, Resolution
Plumbing systems as definedin Section 117 (h) of the UPC
All Mechanical Installationsas listed in the fee schedule
Fire Alarm Systems Installa-tion or addition; fee basedon valuation of system
Fire Sprinkler System Instal-lation or addition; fee baaedon valuation of system
Addition of interior walls
i "NOPERMITREQ.
''" X
i
i of Hea;/80-198C
PERHIT(S)REQUIRED
6
5
,th. County o]1 •
2
4
9
10
9,10
REVIEWREQUIRED
EH
af
EH
f Eagle,
BD
BD
BD
BD
BD
SITEPLANREQ.
X
51-24
CLASSIFICATIONOF PROJECTS
Road Cut and
Grading and
Parking
*vSPECIFIC PROJECTS
Excavation, Grading £ Gravel -ing or Paving of a Road to beDedicated to the County forMaintenance
Excavation, Grading, andGraveling or Paving of aCommercial or ResidentialParking Lot i
Excavation, Grading andGraveling or Paving a NewPrivate Driveway
Repair or Repaving of anExisting Driveway -or ParkingLot
Paving of an Existing GravelDriveway or Parking Lot
Installation of New, Repair orReplacement of Culvert(May require road cut permitthru Road & Bridge Dept.)
NOPERMITREQ.
/•
X
X
PERMIT(S)REQUIRED
5
5
5
5
REVIEWREQUIRED
EG,BD,PD
EG/£D,PD
EG,BD,PD
EG,BD
SITEPLANREQ.
X
X
X
51-25
TABLE 2EAGLE COUNTY SHOW LOAD REQUIREMENTS
LOCATION ALTITUDE
Arrowhead „Aspen JunctionAspen Meea *Avon*BasaltBeaver Creek VillageBellyache RidgeBerry CreekBondBurnsColorow SubdivisionCordilleraCottonwood PassDerby JunctionDoteeroDowd JunctionEagleEagle-VailEby CreekEdwardsEl JebelFrying Pan River AreaFulfordOilman*GypsumLake CreekMcCoyMinturnMeredithRadiumRedcliffRed Table AcresReudi shoresSeven CastlesSquaw CreekState BridgeSweetwaterTennessee Pass*Vailvail Pass AreaWest VailWolcott
Note - UBC Section 2306 "Reduction of Live Loads": Reduction of snow loads forroofa having a pitch exceeding 20 degrees shall be allowed when designed andstamped by a licensed Engineer. Most manufactured housing has been designed andconstructed with specific roof load/enow load capacity. While a manufactured honemay appear to meet the manufacturer's specifications for roof load/snow load inColorado, said specifications may not be sufficient for the particular climaticconditions in Eagle County. It is the owner's sole responsibility to maintain thenecessary roof load/snow load to protect the manufactured housing.
51-26
TABLE 3BUILDING PERMIT FEESGYPSUM, COLORADO
Amendment of Section 304 <b) - Valuation
BUILDING PERMIT FEES
TOTAL VALUATION
$1.00 TO $500.00
$501.00 TO $2,000.00
$2,001.00 TO $25,000.00
$25,0001.00 TO $50,000.00
$50,001.00 TO $100,000.00
$100,001.00 TO $500,000.00
FEES
$20.00 (MINIMUM)
$20.00 FOR THE FIRST $500.00 PLUS$3.00 FOR EACH ADDITIONAL $100.00OR FRACTION THEREOF, TO ANDINCLUDING $2,000.00. IN NO CASESHALL FEES BE LESS THAN $20.00.EXCEPTION, REFER TO OTHERINSPECTIONS AND FEES.
$65.00 FOR THE FIRST $2 000.00 PLUS$10.00 FOR EACH ADDITIONAL$1,000.00 OR FRACTION THEREOF, TOAND INCLUDING $25,000.00
$315.00 FOR THE FIRST $25,000.00PLUS $7.00 FOR EACH ADDITIONAL$1,000.00 OR FRACTION THEREOF, TOAND INCLUDING $50,000.00
$490.00 FOR THE FIRST $50,000.00PLUS $5.00 FOR EACH ADDITIONAL$1,000.00 OR FRACTION THEREOF, TOAND INCLUDING $100,000.00
$740.00 FOR THE FIRST $100,00.00PLUS $4.00 FOR EACH ADDITIONAL$1,000.00 OR FRACTION THEREOF, TOAND INCLUDING $500,000.00
$500,001.00 TO $1,000,000.00 $2,340.00 FOR THE FIRST $500,000.00PLUS $4.00 FOR EACH ADDITIONAL$1,000.00 OR FRACTION THEREOF, TOAND INCLUDING $1,000,000.00
$1,000,001.00 AND UP
PLAN CHECK FEES
$4,340.00 FOR THE FIRST$1,000,000.00 PLUS $3.00 FOR EACHADDITIONAL $1,000.00 OR FRACTIONTHEREOF.
RESIDENTIAL 8, COMMERCIAL ARE 65% OFBUILDING PERMIT FEE.
51-27
OTHER INSPECTIONS AND FEES:
1. Inspections outside of normal business hours$63.75 per hour.
2. Relnspectlon fee assess under provisions of Section 305 <g)$42.50 per hour.
3. Inspections for uhlch no fee Is specifically Indicated$42.50 per hour.
4. Additional plan revleu required by changes, additions orrevisions to approved plans(minimum charge 3 hours) at $42.50 per hour.
5. Additional Inspections for uhlch collected fees are notadequate $42.50 per hour.
6. For Factory Built, Manufactured Housing/Mobile Home Base FeeCost:
Single Ulde Unit
2 field Inspections and 1 hour plan checking/office time$127.50
Double Ulde Unit3 field Inspections and 2 hour plan checking/office time
$212.50
Note: The above Includes Plumbing and MechanicalInspections without separate permitting.
Note: All additional Inspections u111 be $42.50 each.Examples: Footing, Foundation (other thanBlock/Pads), reInspections and any and allinspections performed on a basement.
7. Requests for specialized reports u111 be charged $42.50hourly ulth a 1/2 hour minimum.
8. Per Toun of Gypsum Ordinance Section 15.04.013 <5), 1f thebuilding card becomes lost or unreadable, there ulll be a$20.00 fee to update or replace the card.
9. Fire Sprinkler systems and Fire Alarm Systems. Permit feesshall be based on the valuation of the systems equipment andand Installation. Plus an additional 65% for plan revleu.
10. Replacement of roof for single-family structure only $27.00
51-28
11. Grading permit fees and plan revleu fees:
PLAN REVIEW <2 hour min) $42.SO/hour
50 cubic yards or less $42.5051 to 100 cubic yards .. .$42.50
101 to 1000 cubic yards - $42.50 for the first 100 cubicyards plus $10.50 for each additional 100 cubic yards orfraction thereof.
1001 to 10,000 cubic yards - $117.00 for the first 1,000cubic yards, plus $9.00 for each additional 1,000 cubicyards or fraction thereof.
10,001 to 100,000 cubic yards - $198.00 for the first10,000 cubic yards, plus $40.50 for each additional 10,000cubic yards or fraction thereof.
100,001 cubic yards or more - $562.50 for the first 100,000cubic yards, plus $22.50 for each additional 10,000 cubicyards or fraction thereof.
Other Inspection and Feesi
1. Inspection outside of normal business hours....$63.75per hour (minimum charge-two hours)
2. ReInspectIon fees assessed under provisions of Section305 <g) $42.50per hour.
3. Inspections for uhlch no fee Is specifically Indicated(mini mum charge-one hour ) $42.50per hour.
(Ord. 1 series 1994)
51-29
Table 4
MECHANICAL PERMIT FEES
The minimum mechanical permit fee for voluntarily replacing anexisting uood burner uith a neu technology device or a devicewhich permanently utilizes natural gas, propane or similar cleanburning fuel, shall be waived.
Permit Issuance
1. For the Issuance of each permit $20.002. For issuing a transfer permit $20.003. Total Permit Fee shall not be less than $42.50
Unit Fee Schedule
1. For the installation or relocation of each forced-air orgravity type furnace or burner, including ducts and ventsattached to such appliance, up to andincluding 100,000 Btu/h , 9.00
2. For the installation or relocation of each forced air orgravity type furnace or burner, including ducts and ventsattached to such appliance over 100f000 Btu/h 11.00
3. For the installation or relocation of each floor furnace,including vent 9.00
4. For the installation or relocation of each suspended heater,recessed ua11-heater or floor-mounted unit heater 9.00
5. For the Installation, relocation or replacement of eachappliance vent installed and not Included in an appliancepermit. 4.50
fe. For the repair of, alteration of, or addition to each heatingappliance, refrigeration unit, cooling unit, absorption unit,or each heating, cooling, absorption, or evaporative coolantsystem. Including installation of controls regulated by thiscode 9.00
7. For the installation or relocation of each boiler or compressorto and including three horsepower, or each absorption systemto and Including 100,000 Btu/h 9.00
8. For the installation or relocation of each boiler orcompressor to and Including three horsepower, or eachabsorption system over 100,000 Btu/h and including 500,000Btu/h . 16.50
9. For the installation or relocation of each boiler orcompressor over 15 horsepower, to and including 30horsepower, or each absorption system over 500,000 Btu/h andincluding 1,000,000 Btu/h 22.50
10. For the Installation or relocation of each boiler orcompressor over 30 horsepower to and Including 50horsepower, or for each absorption system over 1,000,000Btu/h to and Including 1,750,000, Btu/h 33.50
11. For the installation or relocation of each boiler orrefrigeration compressor over 50 horsepower, or eachabsorption system-over 1,750,000 Btu/h.. Sfe.OO
51-30
12. For each air-handling unit to and Including 10,000 cubicfeet per minute including ducts attached thereto 6.50
13. For each air-handling unit over 10,000 cfm 11.0014. For each evaporative cooler other than portable type 6.5015. For each ventilation fan connected to a single duct 4.5016. For each ventilation system which 1s not a portion of any
heating or air-conditioning system authorized by aperm It 6.50
17. For the installation of each hood uMch Is served bymechanical exhaust, Including the ducts for such hood.,..6.50
18. For the Installation or relocation of each domestic-type1 nc 1 nerator 11.00
19. For the installation or relocation of each commercial orindustrial type Incinerator 45.00
20. For each appliance or piece of equipment regulated by thiscode but not classed In to other appliance categories, orfor uhich no other fee is listed In this code ,6.50
21. Uhen Chapter 22 of the Uniform Mechanical Code is applicable(see Section 103), permit fees for fuel-gas piping shall beas follous:
For each gas-piping system of one to fouroutlets 1 to 4 $5.00
For each gas-piping system of over four (4)outlets, per outlet $1.00
Other Inspection Fees
1. Inspection outside of normal business hours....63.75 (perhour) (Minimum charge - tuo hours)
2. Reinspection fee assessed under provisions of Section305 (g) 42.50(per hour)
3. Inspections for uhich no fee 1s specifically Indicated42.50 (per hour) (minimum charge - one hour)
4. Additional plan revieu required by changes, additions orrevisions to approved plans 42.50(per hour)(minimum charge - one hour)
5. Replacement of existing boiler or furnace 27.00
(Ord. 1 series 1994)
51-31
TABLE 5
PLUMBING PERMIT FEES
Permit Issuance1. For i ssu 1 ng each perm It $20.002. For Issuing each transfer permit $20.003. Total permit fee shall not be less than $42.50
Unit Fee Schedule C1n addition to Item 1-3._above)1. For each plumbing fixture on one trap or a set of
fixtures on one trap (including uater, drainage pipingand backflou protection therefore) $ 7.00
2. For each building sewer and each trailer parkseuer $15.00
3. Rainwater systems-per drain (Inside building) $ 7.004. For each cesspool (where permitted) $25.00**5. For each private sewage disposal system $40.00**6. For each water heater and/or vent $ 7.007. For each gas-piping system of one to five
out 1 ets $ S. 008. For each additional gas piping system outlet, per
out let $ 1.009. For each industrial waste pretreatment interceptor
Including Its trap and vent, excepting kitchen-typegrease Interceptors functions as fixture traps....$ 7.00
10. For each Installation, alteration or repair of waterpiping and/or water treating equipment, each $ 7.00
11. For each repair or alteration of drainage or ventpiping, each fixture.. $ 7.00
12. For each lawn sprinkler system on any one meterincluding backflow protection devices therefor....$ 7.00
13. For atmospheric-type vacuum breakers not Included initem 12:1 to 5 $ 5.00over 5, each $ 1.00
14. For each backflow protective device other thanatmospheric type vacuum breakers:2 Inch diameter and smaller $ 7.00over 2 1 nch d 1 ameter $ 15.00
Other Inspections and Fees1. Inspections outside normal business hours $63.752. Relnspectlon fee $42.503. Inspection for which no fee 1s specifically
1 nd 1 cated $42.504. Additional plan review required by changes, additions or
revisions to approved plans(minimum charge; one - half) $42.50
5. Replacement of existing hot water heater $27.50
**See Eagle County Land Use Regulations, Chapter 4(Ord. 1 series 1994)
51-32
Table 6
ELECTRICAL PERMIT FEES
Residential: (Single ownership Residence)
This includes modular homes, manufactured homes, traveltrailer, also duplex, trl-plexes and four-pi exes.Construction and extensive remodeling and additions to,(based on enclosed living area)
Not more than 1,000 Sq. Ft $30.00Over 1,000 Sq. Ft. and not more than 1,500 Sq. Ft $35.00Over 1,500 Sq. Ft. and not more than 2,000 Sq. Ft $70.00Per 100 Sq. Ft. in excess of 2,000 Sq. Ft $ 3.00
All Other Fees:
Except for Inspection In mobile homes and travel trailerparks shall be computed on the dollar value of theelectrical installation, Including fixtures and Installationcosts thereof, and such fees shall be as follows:
Valuation of Uork: (Actual cost to customer)
Not more than $300.00 $30.00More than $300.00 but not more than $2,000.00 $35.00More than $2,000.00 but not more than $50,000.00.... $15.00per thousand or fraction thereof total valuationMore than $50,000.00 but not more than $500,000.00 $14.00per thousand or fraction thereof of total valuation PLUS....$50.00More than $500,000.00 $13.00per tota 1 va 1 uat 1 on PLUS $550.00Mobile homes and travel parks per space $30.00Re inspection on al 1 the above $35.00
Temporary Pouer Permits:
Temporary pouer $42.50
For Issuing each transfer permit $20.00
Other Inspection Fees1. Inspections outside of normal business hours $63.75
(per hour)2. ReInspection fee assessed under provisions of Section
305 (g) $42,50(per hour)
3. Inspections for uhich no fee is specifically indicated$42.50
(per hour) (minimum charge - one hour)4. Additional plan revleu required by changes, additions or
rev i s 1 ons to approved p 1 ans $42.50(per hour) (minimum charge-one hour)
51-33
TABLE 7} *"
FACTORY BUH.T CrilMNEt ENCLOSURE
DRYWALL TO THE UPPER EDGEOF THE TOP PLATE
-ROOF LINE
ALL WALL SURFACES ON THE INTERIOR OFENCLOSURE MOST BE COVERED WITH 5/8"TYPE X CTPSOM BOARD AND FIRE TAPED.or^tyit ASSEMBLIES MAT BE APPROVEDBY THE BUILDING OFFICIAL.
PROTECTED FLOOR
ENCLOSURE AND GYPSUM BOARDEXTENDED TO THE FLOOR.
51-34
KOTXCE TO CONTRACTORS
As of January 1, 1982, an address sign board will be required atall building sites for construction permitted through the EagleCounty Building Department. See. UBC 1979, Sec.305(c). A CountySign Permit is iot required in thi4 case. •
•^ • ;
This requirement will help County building inspectors as well assub-contractors and suppliers to find the job site. The signboard will also provide a place to mount the permit card where itcan be signed during various inspections.
The dimensions shown are guidelines only. Your sign must belegible from the road that serves your driveway and must provideweatherproof cover for the building permit.
Address on Outer Surface(Lot & Block Numbers Optional)
B. P. * OOOOADDRESS
1234 Your StreetLot * Block •#•
CONTRACTORS NAME
Mount thePenult Cardon the lonerSurface
1/2" ply
\
FRONT VIEW SIDE VIEW
FOR INFORMATION CALL: Eagle 328-8735El Jebel 963-0285
51-35
EAGLE COUNTYBUILDING RESOLUTION
Adopted October 8, 1985Amended December 30, 1985Amended March 11, 1986
Amended February 14, 1989Amended June 23, 1992
EAGLE COUNTY BUILDING RESOLUTION
TABLE OF CONTENTSPAGE NO.
3.01 TITLE 1
3.02 APPLICATION * 1
3.03 PERMIT REQUIREMENTS 2
3.04 DEFINITIONS 2
3.05 AMENDMENTS TO THE 1991 CODE 7
Amendments and Deletions to the 1991 UBC Appendix 11Section
Amendments to the National ElectricalCode 1993 Edition 13
Amendments to the Uniform MechanicalCode 1991 Edition 15
3.06 RESPONSIBILITY OF OWNER 16
3.07 GENERAL RESTRICTIONS 16
3.08 PERMITS AND FEES 16
3.09 DOCUMENTS ON THE SITE 21
3.10 POWERS OF THE BUILDING OFFICIAL 21
3.11 APPEALS 22
3.12 PENALTY 25
3.13 WAIVER 25
3.14 REPEAL , 25
3.15 SEVERABILITY 25
3.16 EFFECTIVE DATE 26
INDEX OF TABLES1
continued
Table #1 - Permit Requirements
Table #2 - Snow Ldpd Requirements \
Table #3 - Building Permit Fees
Table #4 - Mechanical Permit Fees
Table #5 - Plumbing Permit Fees
Table #6 - Electrical Permit Fees
Table #7 - Enclosure of Factory Built Chimneys
Table #8 - Construction Sign Board
Table #9 - Design Standards for Driveways
PAGE NO.
27
< 32
33
36
38
39
40
41
42
EAOLE COUNTY BUILDING DIVISION
Chief Building Officialand Plans Examiner
Combination IrtBpector &Plane Examiner^
Electrical inspector
Building Inspector
Combination Inspector
Building Secretary
Mailing Address:
Physical Address:
Telephone Number:
Fax Number:
Avon Annex:
El Jebel Annex:
Gerald Best
Michael Wheelersburg
Douglas Abbey
William GrayM-!"^-X£*&-Xl!-f<Km'>»Xl£*!t;vX-:i-;
Robert Kohrmann
P. 0. Box 179Eagle, CO 61631
500 BroadwayEagle, CO 81631
(303) 328-8735
mm
(303) 949-4629
(303) 963-0285
13.01 TITLE
This Resolution may be cited for all purposes as the BuildingResolution of the County of Eagle, Colorado, 1993. as amended and
TheBoard determines and rinds that this Resolution is necessary forthe health, safety and welfare of the persons of Eagle County.Eagle County encompasses mountain terrain located at moderate tohigh altitudes and subject to extreme weather conditions. Theapplication .and interpretation of the Uniform Building Coderequirements are subject to, but not limited to, the considerationof such factors.
\S,OM,OYO-3.02 APPLICATION
-TTOTTor The Uniform Building Code and Uniform Code for Abatement ofx r ..., Dangerous Buildings of the International Conference of Building\ i,D-|.GiO officials, 1991 Edition, with Appendices; the Uniform Mechanical
Code of the International Conference of Building Officials, 1991Edition, with Appendices; the National Electrical Code of theNational Fire Protection Association, 199|| Edition, withAppendices, with the Uniform Administrative Code Provision for theNational Electrical Code of the International Conference ofBuilding Officials, 1991 Edition; the Uniform Plumbing Code, theUniform swimming Pool, Spa, and Hot Tub Code, and the Uniformsolar Energy Code of the International Association of Plumbing andMechanical Officials, 1991 Edition, and any and all amendments tosaid codes and/or standards as of the date of execution of thisResolution, are hereby adopted by this reference and incorporatedherein as if set forth in full (hereinafter collectively referredto as "code"); and shall apply to all dwellings, buildings andstructures located in the area of the County of Eagle outside ofincorporated towns, hereinafter referred to as the "regulatedarea," unless otherwise provided. Said codes and/or standards setforth in this subsection 3.02.01 shall be available from theBuilding Official, Department of Community Development, county ofEagle, 500 Broadway, Eagle, Colorado 81631.
3.02.02 Where the requirements or conditions imposed by a provision ofthis Resolution or the above-referenced codes and/or standardsdiffer from the requirements or conditions imposed by a provisionor another law, ordinance, resolution or order having applicationin Eagle County, the provision which is more restrictive shallgovern. Not with-standing the foregoing, the most restrictiveprovision shall not apply when a provision of an above referencedcode is specifically amended or deleted and so identified withinthis resolution and then the terms of this resolution shall apply.
""S /REFERENCES
1*03.01 PL Table 1 entitled "Eagle County Permit Requirements" as set forth» x in the Tables included in the text hereof is hereby incorporatedherein by this reference. Table 1 sets forth the projects whichmay require permit(s), if any, and identifies the specific type ofpermit(s) required and the site inclusion requirements.Additional permits not identified in Table 1 may also be required.
^ *- - '* It shall be the duty of the person and/or entity of a proposed
project which is not specifically set forth in Table 1 to contactthe Building Official of the Department of Community Development,County of Eagle, Colorado, for a determination of the type ofpermit(s) required, if any, and the site inclusion requirements.
8i04 DEFINITIONS
P. For the purpose of this Resolution all words, terms andexpressions contained herein shall be interpreted in accordancewith the definitions set out in the 1991 Code, except that:
3.04.01 BUILDING OFFICIAL OR INSPECTOR shall mean the Eagle County Chief^ Building Official and the Building Official's duly authorized
deputies, inspectors, staff and other reasonably involved in codeadministration and enforcement.
CHIEF OF THE FIRE DEPARTMENT shall mean the head of the fireprotection district having jurisdiction, or his regularlyauthorized deputies.
3.04.04 CODE shall mean the 1991 Uniform Building Code and Uniform Codefor Abatement of Dangerous Buildings of the InternationalConference of Building Officials, 1991 Edition with Appendices;Uniform Mechanical Code of the International Conference of
3.04.05
Building Officials, 1991 Edition with Appendices; the UniformPlumbing Code, the Uniform Swimming Pool, Spa and Hot Tub Code,andthe uniform Solar Energy Code of the international Association ofPlumbing and Mechanical Officials, 1991 Edition; NationalElectrical Code of the National Fire Protection Association, 199|Edition, with Appendices, with the Uniform Administrative Code "*Provisions for the National Electrical Code of the InternationalConference of Building officials, 1991 Edition, and all amendmentsto said C >des and/or Standard as of the date of tn"e execution ofthis Resolution and as set forth in Section 3.06 of thisResolution.
COUNTY shall mean the area »f js-a if. y»v"^y T'ttifi*'**' *f incorporatedtowns, hereinabove referred to as the "regulated area".
3.04.06 FACTORY-BUILT HOUSING UNIT shall mean any structure or componentthereof, designed primarily for residential occupancy, eitherpermanent or temporary which is wholly or in substantial partmade, fabricated, formed or assembled in a manufacturing facilityintended for assembly and installation, on a permanent foundationat a building site and which carries a Colorado Division ofHousing "Factory-Built Unit Certification".
3.04.08
3.04.09
3.04.10
3.04.11
3.04.12
HEALTH OFFICER shall mean the Eagle County Health Officer asappointed by the Eagle county Board of Health. For the purpose ofadministering the Individual Sewage Disposal System Regulations(Chapter IV Eagle County Land Use Regulations), the EnvironmentalHealth Officer has been designated as his duly authorizedrepresentative.
MANUFACTURED HOUSING (MOBILE HOME) shall mean a factory-assembledstructure or structures equipped with the necessary serviceconnections and made so as to be readily moveable as a unit orunits on its (their) own running gear and designed to be used as adwelling unit (s) without permanent foundation. ANSI A119-1: (l)
(1) The phrase "without a permanent foundation" indicates thatthe support system is constructed with the intent that themobile home placed thereon will be moved from time to time atthe convenience of the owner. [American National StandardsInstitute (ANSI) Article A119.1: standard for Mobile Homes,National Fire Protection Association (NFPA Edition No. 501A,1990) Section 1-2..]
LOFTX shall mean any story or floor area in a building which isopen to the floor directly below, but which does not qualify as amezzanine due to its failure to comply with one or more of theitems specified for mezzanine floors in Section 1717. At leastone side of the loft shall be at least 50% open to the room below.Lofts may be habitable space or non-habitable space. (Habitablelofts in residential occupancies shall be considered as sleepingrooms or bedrooms) .
LOT shall mean any legal parcel of land created in compliance withthe Eagle County Land Use Regulations on record in the office ofthe Eagle County Clerk and Recorder.
ROAD OR STREET shall mean a way or right-of-way reserved forpublic or private use (other than an alley) which also providesprimary vehicular and pedestrian access to adjacent properties;may also be used for drainage or utility access to adjacentproperties, and may include the terms: avenue, drive, highway,lane, place, road or other similar designation.
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3.04.13 SIGN shall mean any letters, figures, design, symbol, trademark,
illuminating device, or other device intended to attract attentionto any place, subject, person, firm, corporation, publicperformance, article, machine or merchandise whatsoever, andpainted, printed, constructed or displayed in any mannerwhatsoever.
3.04.14 SITE shall mean any parcel or area of land having an areasufficient to satisfy the provisions of the Eagle County Land UseRegulations. * <
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3.04.17 WORK shall mean the construction, demolition, alteration, repair,moving or change in the class of occupancy of any building,equipment or structure, and shall include the installation,construction, alteration or repair of any private or subsurfacesewage-disposal system, and the placement and use of a mobile homeas a living unit elsewhere than in an approved mobile-home park asdefined in the Eagle County Land Use Regulations, Section 2.08.
'3
3.05.01
AMENDMENTS TO THE 1991 CODE
WHERE the requirements or conditions imposed by a provision ofthis Resolution differ from the requirements or conditions imposedby the 1991 Code, the most restrictive shall govern.
3.05.02 THE UNIFORM BUILDING CODE, 1991 EDITION IS SPECIFICALLY AMENDED ASFOLLOWS:
\ A. Amendment of Section 202(a) the first sentence of the firstparagraph is changed to read: "The Building Official ishereby authorized and directed to enforce all of theprovisions of this Code; however, a guarantee that allbuildings and structures have been constructed in accordancewitHj all provisions of tl is Code is neither intended norimplied".
^ B. Amendment of Section 301(b) item 1 "Permits": One storydetached buildings used as tool and storage sheds, playhousesand similar uses, provided the projected roof area does notexceed 120 square feet and the height of said buildings doesnot exceed 10 feet at peak of roof. These buildings mustspecifically not be intended or used for human habitation.iifjji'iii;^Ci& 'S' ij'v!1*^"-jK•'•v*Si$Ptt'jffi&'"'::g?£"."• LiiriiMi^ '&i:.''•&'iii'J, 'm:v:v;:ff•;;.%•':'-:••:::'::'.4.- —:.'.'.'. ... .. . ••*i^« •**>;>L? \- . t • • * .
Amendment of Section 303 (a) "Issuance" to add the followingparagraph:
A building permit will not be issued in the Eagle Countyjurisdiction until all construction drawings, applications,and permit fees are submitted and approved. Notwithstandingthe foregoing, a footing and foundation permit may be issuedprior to the receipt of other permit information, if adequatestructural, site plan, flood plain and geological hazardinformation is provided
'
<r E. Amendment to Section 304 (b) Valuation - to add the following' sentence:
The valuation for building permits in Eagle County shall bebased on the average cost figures per square foot shown inthe Building Valuation Data Chart published bi-monthly in theBuilding Standards Magazine of the International Conferenceof Building officials.
y F. Amendment of Section 305(b) "Inspection Record Cards" to add^ the following sentence:
Inspection Record Cards shall be posted as described in TableNo.8, included in the text hereof and incorporated herein bythis reference.
It shall be the responsibility of the permittee to displaythe Building Permit card on the job site throughout the
8
Iconstruction process for inspectors signatures.
For occupancy approval, Temporary Certificate of Occupancy orCertificate of Occupancy approval to occur, this card must befully signed and returned to the Eagle County BuildingDepartment.
If this card becomes lost or unreadable, there will be a$20. )0 fee to update or Replace the card. *"
G. Amendment of Section 306(a) "Special Inspection" to add thefollowing sentences:
LOG HOMES: A third party inspection by a certified loginspection agency shall be required of all structural logtype buildings. A letter of certification from said agencyshall be required at time of framing inspection.
ELEVATORS: Elevators installed in all structures shallrequire a third party plan review and inspection by acertified elevator inspection agency.
H. Amendment of section 503(d) "Fire Ratings for OccupancySeparations" to add the following paragraph:
1. Single family residences having primary and secondaryunits within.
2. Insulation placed in occupancy separationsshall not contain combustible materials.
3. A one hour fire resistive assembly shall be required forseparation of individual tenant finishes of Group BDivision 2 Occupancies located under a common roofassembly.
I. Amendment to Section 1213 "Special Hazards" the exception ishereby deleted and the following sentences are added:Residential buildings containing a boiler, central heatingplant, or hot water supply boiler in excess of 400,000 btuper hour input, the room where the boiler is located shall berequired to be separated by fire resistive construction.
J. Amendment of Section 1212 "Heating" to add the followingsentences: Heat loss calculations shall be required for alldwelling units, the minimum design criteria shall be 70degree temperature inside and -20 degree temperature outside.
Minimum insulation requirements for Group R Division 1&3Occupancies shall be as follows: R-ll for exterior walls andR-19 for ceilings and roofs exposed to the outside.Insulation installed for exterior walls shall be required to
have a minimum 4 mil vapor barrier or equivalent.
K. Amendment to Section 1706 "Shaft Enclosures" to add thefollowing subsection:
Factory built chimneys shall be enclosed with materialssuitable for construction of a one hour fire resistive wall.Firestops can be omitted in chases which are protected on allside^f. Eagle County requirements for enclosure of factorybuilt chimneys shall be as set forth in Table 7, included inthe text hereof and incorporated herein by this reference.
L. Amendment of Section 2305(d) "Snow Loads" This section ishereby deleted and replaced with the following:
Snow load requirements for Eagle County shall be as set forthin Table 2, entitled "Eagle County Snow Load Requirements",included in the text hereof and incorporated herein by thisreference. *For snow loads on mobile homes, refer to page31.
M. Amendment of Section 2905(f) "Drainage" to add the followingparagraphs:
Positive drainage away from the exterior of all foundationwalls must be maintained. In those locations where thefoundation is subjected to a high water table, or wheresurface or ground water drainage will present a problem,additional precautions may be required.
Foundation Drains - Where foundation or footing drains arerequired or provided voluntarily, they shall be connected toa positive outfall or approved drywell. Perforated tileshall be installed below the area to be protected. Tileshall be made of approved materials and shall be installedhaving a minimum slope to outfall of one-half (1/2) percent(approximately one (1) inch in twenty (20) feet). Tops ofjoints in drain tile shall be covered with six (6) to eight(8) inches of coarse gravel or crushed rock. Foundationdrains may be omitted at the discretion of the Soilswhere well-drained soil exists or where ground •^•water will not present a problem.
N. Amendment of Section 2907(a) "General" to add the followingsentence:
All heated spaces within a building or attached thereto shallhave foundation frost walls having a depth of at least 42"measured from the bottom of the footing to the backfillgradelines unless otherwise designed by a structural engineerfor a specific location.
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O. Regarding Chapter 31 of the Uniform Building Code. EagleCounty does not purport to review, interpret or apply in any Imanner the provisions set forth in 36 THE Part 1191, IAmericans With Disabilities Act (ADA); Chapter 31 of the 1991Uniform Building Code is advisory only. Compliance withChapter 31 of the Uniform Building Code and the ADA is thesole responsibility of the property owner and/or his/heragents and representatives.
t i *"
P. Amendment to Section 3703(f) "Height and Termination" to addthe following sentences:
"Solid fuel chimney caps shall not be constructed in a waythat prevents accessibility for cleaning".Where solid fuel and gas burning appliance flue vents areterminated within 24 inches horizontally of each other saidflue vents are to be offset 10 inches vertically.
Q. Amendment of Section 3705(a) "Factory Built Chimneys andFireplaces" to add the following sentences:
Factory built chimneys shall be supported at intervals not toexceed 10 feet by wall straps or equivalent.
Outside combustion air shall be required to the fireplaceboth gas-fired and wood burning, to be terminated inside thefirebox wall. Ducts for said combustion air shall be aminimum of 26 gauge galvanized metal when located in a fireresistive shaft.
suant to Eagle County Land Use RegulationsWoociBnrninq Control:
No building or mechjiJiiessi permits will be issued for theinstallatiQn-trf"""a'wood burhln -~djjyice unless the device is aneit-^echnology device as defined irT""Ea<gJ.g County Land UseRegulations Section 2.07.11. or is otherwise -exempt.
1991 UNIFORM BUILDING CODE APPENDIX SECTION
R. Uniform Building Code Appendix Chapter 1 - Division I - "LifeSafety Requirements for existing buildings" is herebydeleted. Division II - "Life Safety Requirements forexisting high rise buildings" is hereby deleted.
S. Appendix Chapter 11, "Agricultural Buildings" Section 1107is hereby amended by changing the first paragraph to readhereto:
The provisions of this appendix shall apply only to
11
agricultural buildings placed on a lot less than 2 acres andon a lot more than 2 acres where agricultural buildings areto be used for human habitation, public riding arenas orpublic events.
T. Uniform Building Code Appendix Chapter 12 "Requirements forGroup R, Division 3 occupancies is hereby deleted.
U. Uniform Building Code Appendix Chapter 23 Division I"Alternate Snow Load Design" is hereby deleted.Division II "Earthquake" is hereby deleted.Division III "Earthquake" is hereby deleted.
V. Uniform Building Code Appendix Chapter 24 - "PrescriptiveMasonry Construction in High-Wind Areas" is hereby deleted.
W. Uniform Building Code Appendix Chapter 25 - "ConventionalLight-Frame Construction in High-Wind Areas" is herebydeleted.
X. Uniform Building Code Appendix Chapter 26 - "Protection ofResidential Concrete Exposed to Freezing and Thawing" ishereby deleted.
Y. Uniform Building Code Appendix 35 - "Sound TransmissionControl" is hereby deleted.
Z. Uniform Building Code Appendix 38 - "Basement Pipes Inlets"is hereby deleted.
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BB. Uniform Building Code Appendix Chapter 70•••' ' "Excavation and Grading" Section 7015 (a) "Final
12
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Reports". Add a new subsection #4 to read:
Where drainage improvements are required, the work is tobe complete per approved plans and ready for inspectionat the time of the Temporary Certificate of Occupancyinspection. It will be the general contractor'sresponsibility to maintain positive drainage on the siteduring all phases of construction, including protection
s X of cfriy drainage along th* Public Roadway. *C—3.05.03 THE NATIONAL ELECTRICAL CODE, 1993, EDITION IS
SPECIFICALLY AMENDED AS FOLLOWS:
Amendment of Article 220-4 (b) to add thefollowing sentence to the first paragraph:
There shall be no more than four (4) duplex receptacleson the small appliance branch circuit.
Amendment of Articles 210-21, 220-3, 220-4 to addthe following sentence to the first paragraph:
Only eight (8) outlets will be installed on 15 ampcircuits; or ten (10) outlets on 20 amp circuitsfor lighting branch circuits including receptacles.
Amendment of Article 305-1 "Temporary Wiring - Scope" toadd a new subsection (e):
Permanent services on buildings which are energizedfor construction work will be considered astemporary service equipment until such time as thefinal inspection is completed.
Amendment to the N.E.C. 1993 Article 210-8 to add thefollowing sentence: All G.F.C.I, protection shall beresetable in rooms where protection is requiredincluding outside receptacles.Amendment to Article 680-70 Hydromassage Tubs to add thefollowing sentence:
All G.F.C.I, protection shall be located with in thesame room. It is to be installed 5 feet + off offinished floor and 5 feet from hydromassage bathtub.The cord is not to exceed 3 feet from motor toreceptacle installed near the access door protected bythe resetable G.F.C.I, mounted on the wall. (Theresetable G.F.C.I, is not to be installed under thetub) .
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3—e re*"" THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THENATIONAL ELECTRICAL CODE. 1993 EDITION IS SPECIFICALLYAMENDED AS FOLLOWS:
A. Table 3B - "Fee Schedule" is hereby deleted.
B. Electrical License Required:Pursuant to 12-23-105 C.R.S. only qualified licensedelectricians may install* "Electrical Work" as*" defined in12-23-101 (1.7) by Colorado State Electrical Board 1988Edition.
Notwithstanding the foregoing provision, an ElectricalLicense will not be required provided all conditions ofSection 12-23-111(2) C.R.S. have been satisfied.
GPLUMBING LICENSE REQUIRED
Pursuant to 12-58-115, C.R.S., only qualified licensedplumbers may install "Plumbing Systems" as defined in117-j of the Uniform Plumbing Code, 1991 Edition.
The Uniform Plumbing Code Section 30.4 "Cost of Permit","Schedule of Fees" is hereby amended. Current scheduleof Plumbing Permit Fees is contained in Table 5.
Amendment of Section 506 - Vent terminations on metalroofs shall be within 3 feet of the ridge or be providedwith an alternate means of protection.
X Amendment of Section 1004(a) is amended in the secondand third sentence to add the use of PB (Polybutylene)piping and tubing in water piping systems.
7 Amendment of Section 1317(c)(d) - Vent termination shallJ be as required by Uniform Mechanical Code Section 906(d)
and Eagle County Building Resolution Section 3.05.02(Q).
Appendix I entitled "Private Sewage Disposal Systems" ishereby deleted.
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Amendment of Section 304(b) Table 3-A has been amendedsee Table 4 of the Eagle County Building Resolution.
RESPONSIBILITY OF OWNER. CONTRACTOR OR AUTHORIZED AGENT
Neither the granting of a permit, nor the approval ofthe drawings and specifications, nor inspections made bythe Building Official shall in any way relieve the ownerof s ich building or structure from full responsibilityfor carrying out all work* in accordance with therequirements of this Resolution.
GENERAL RESTRICTIONS
No person shall commence or continue any work in respectto any building, structure, factory-built housing unit,mobile home or equipment, without first obtaining thenecessary permits from the Community Development Office,Building Division.
No person shall commence or continue any work in respectto any private or subsurface sewage disposal systemwithout first obtaining a permit from the EnvironmentalHealth Division.
Written approval of the Environmental Health Divisionshall be obtained before the backfilling of any privateor subsurface sewage disposal system.
In respect to any work undertaken in violation of theprovisions of subsection 3.07.03 or 3.07.05 of thisSection, the Building Official or Environmental HealthOfficer or their duly authorized representatives, may atany time require that such work, in whole or in part, beexposed for inspection.
No person shall occupy any new building, factory-builthousing unit or mobile home until sewage disposalfacilities, meeting the minimum standards of theregulations of the State Board of Health or any of theEagle County Individual Sewage Disposal Regulations,have been installed and have been approved, in writing,by the Environmental Health Division.
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\
PERMITS AND FEES
The Building Department shall issue a permit where:
An application for a permit has been made inaccordance with the provisions of this Resolution.
16
The proposed work set out in the applicationconforms to this Resolution and all other laws,regulations, resolutions, or orders havingapplication in Eagle County.
All Construction drawings, applications, and permitfees have been submitted and approved. A footingand foundation permit may be awarded prior to
i receipt of other permit information if structuraland site plan information pursuant to Sections302(b) and 302(d) of the 1991 Building Code and theEagle County Land Use Regulations, 1988 as amended,is provided.
A reduced fee for a repetitive plan check will beallowed when one or more buildings are to beconstructed from a set of plans previously approvedby the Eagle County Building Division.
The applicant applying for the repetitive plancheck will bring in the original stamped approvedplans and an identical plan or plans to theBuilding Division. The new identical plans will bekept as County and Town records. The originalapproved set of plans will be re-stamped with thenew Building Permit Number and date. This set willbecome the approved field copy for the repetitivepermit.
A plan check fee of $42.50 per hour with a minimumof 3 hours to be charged.
V-The Building Department shall not issue a permit where:
The proposed work, as set forth in the application,or the proposed use of the building or structurewhen completed, does not comply with the provisionsof the Eagle County Zoning Resolution;
The owner or applicant, in relation to the proposedlot or site, has not complied with the provisionsof the Eagle County Subdivision Regulationscontrolling the subdivision, platting,partitioning, or other division of land;
The proposed work, as set forth in the application,or the proposed building or structure whencompleted, would be in violation of any officialcounty map, resolution, or the Eagle County MasterPlan;
17
s
c.
A private or subsurface sewage disposal system isnecessary and the proposed site does not meet therequirements, conditions, or imposed provisions ofState law or regulation of the State Board ofHealth, or of any Eagle County sewage disposalregulation. Where a private or subsurface sewagedisposal system is necessary and the proposed sitemeets the requirements or conditions therefore
* imposed by a provision of the aforesaid ^laws,regulations, or resolutions, the Building Officialshall not issue a permit until sewage disposalpermit has first been issued in writing by theEnvironmental Health Office;
The proposed site is located, all or in part,within any area determined by the Building Officialto necessitate special building requirements as aresult of geological hazards or Flood Plain HazardArea in any county resolution; and the specialpermit required by such resolution has not beenobtained by the applicant. All special buildingrequirements included in any such special permitshall be incorporated into the permit issued to theapplicant under this Resolution;
In the opinion of the Building Official, theresults of the tests referred to in Section 3.10.02of this Resolution are not satisfactory.
FEES
The schedule of fees to be charged for the issuanceof a permit under this Resolution shall be as setforth in Tables 3, 4, 5, and 6, as included in theTables. Minimum permit and inspection fees for theUniform Solar Energy Code and the Uniform SwimmingPool, Spa and Hot Tub Code shall comply with theminimum stated on Table 3 of this Resolution.
Additional permit fees shall be charged as follows:
For moving or demolishing any building orstructure ......................... $42.50 (perinspection) .
\ For Factory Built, Manufactured Housing/Mobile Home\> Base Fee Cost:
Single Wide Unit
2 field inspections and 1 hour plan checking/officetime ........................... $127.50
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Double Wide Unit
3 field inspections and 2 hour plan checking/officetime ........................... $212 . 50
Note: The above includes Plumbing andMechanical inspections without separatepermitting.
\ *>'-Note: All additional inspections will be $42.50
each. Examples: Footing, Foundation(other than Block/Pads) , reinspectionsand any and all inspections performed ona basement.
/ jAt*' For site inspection and review of a plot to^ — ' ind i vidua 1Iva'Ti i ^
subsurface or private system, perlot or test site (does not include percolationtest) .................................... $85.00
** See Resolution No. 80-11, 1980 - Local Board ofHealth Eagle county Individual Sewage DisposalRegulations.
For site inspection including Perc.°la''::i°ri test' ' ' ' $200;
For review and completion of a Federal HousingAdministration questionnaire with respect to adwelling to be sold, including site inspection of awater supply and sewage disposal system andvi fiiir$upply evaluation including water ; >?fell consf|§p i; ricomments .... I ........ ". .'".' ........ . '.'". ....... ;$200; oo
-~2 J3rr^ If the Building Official discovers any person—* undertaking any work in violation of this Resolution, he
shall notify the violator to cease such act or acts, andsuch violator shall pay for such permit twice the amountof the fee otherwise levied (U.B.C. Sec 304(e)).
The estimated value of the work shall be reviewed by theBuilding Official and shall be based on the declaredcost of materials and labor for each permit for eachbuilding or structure. The Building Official shallaccount for all fees paid under this Resolution for anybuilding, mobile-home placement shall deposit in the
19
County General Fund. (See 3.05.02 of the ECBR) .
The General Contractor shall be required to provideadequate sanitary facilities during construction.
The minimum mechanical permit fee for voluntarilyreplacing an existing wood burner with a new technologydevice or a device which permanently utilizes^ naturalgas ,* propane or similar fclean burning fuel, sliall bewaived.
5
An application for a permit shall:
Be made on the form prescribed by the BuildingDepartment;
Be signed by the applicant;
Be accompanied by the fee prescribed for work to beundertaken;
State the intended use of the building structure;
Include copies in duplicate of a site plan andscale drawings and specifications of the work to becarried out as required by Section 302 of the 1991Uniform Building Code. Notwithstanding theprovisions of Section 302 of the 1991 UniformBuilding Code, the site plan shall show andinclude:
Property lines, direction of North and scaleof drawings.Outline of proposed and existing building withsetbacks from property lines indicated on allsides.All easements, utility, water and sewer lines.Driveway and driveway intersection with publicroad, including grades, widths, and necessaryculverts and ditches.Parking spaces dimensioned and numbered, withsnow removal area(s) indicated.Proposed method of drainage of water away fromfoundation and into drainage way.Proposed soil stabilization, revegetation orlandscape plan with erosion and sedimentcontrol.Location of live streams, ponds or lakes, allother dry washes and irrigation ditches, and100 year flood plain limits.Proposed and existing wells on subjectproperty and adjacent property.
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^ Location of individual sewage disposal system,J if proposed, with distances indicated from
proposed system to dwellings, wells, and otherfixed reference objects.Any additional information deemed reasonableand necessary by the Building Official.
DOCUMENTS ON THE SITE1 *
The person to whom the permit is issued shall, duringconstruction, keep:
A-. \ Posted in a conspicuous place on the property inrespect of which the permit was issued a copy ofthe building permit or a poster or place cardapproved by the Building Department in lieuthereof, and;
-B7'V A copy of the approved drawings and specificationsreferred to in Subsection 3.08.04(E) on theproperty in respect of which the permit was issued.
It shall be the responsibility of the permittee todisplay the building card on the job sitethroughout the construction process for inspectorssignatures.
For Temporary Certificate of Occupancy orCertificate of Occupancy approval to occur, thebuilding card must be fully signed and returned tothe Eagle County Building Department.If this card becomes lost or unreadable, there willbe a $20.00 fee to update or replace the card.
POWERS OF THE BUILDING OFFICIAL
The Building Official is charged with the administrationand enforcement of the Resolution under authority of theEagle County Department of Community Development.
The Building Official may as per UBC 202(a-g):
Enter any premises at any reasonable time for thepurpose of administering this Resolution:
_.,__. Direct that tests of materials, devices,r,i construction methods, structural assemblies or
foundation conditions be made, or sufficientevidence or proof is necessary to determine whetherthe material, devices, construction or foundationmeets the requirements of this Resolution. Therecords of such tests shall be kept available for
21
inspection during the construction of the buildingor structure and for such a period thereafter asrequired by the Building Official;
Direct by written notice, or by attaching a placardto premises, the correction of any condition where,in the opinion of the Building Official, suchcondition violates the provisions of this
* Resolution; » *"
Revoke a permit where there is a violation of theprovisions of this resolution.
APPEALS
A. A Board of Appeals shall be created as provided inSection 204 of the 1991 Code.
3.11.01 Appeals to the Board of Appeals:
Membership of the Board of Appeals.
A Board of Appeals, consisting of five (5) members,shall be appointed by the Board of Commissioners tohear and decide appeals as provided hereunder, allmembers will be limited to three (3) year terms,and thereafter each new member shall serve forthree (3) years or until his successor has beenappointed. Where any member is appointed to fill avacancy occurring during the term of a member, thesuccessor's term shall run until the expiration ofthe term of the member he succeeds. The Board ofAppeals shall appoint from its membership aChairman and a Secretary who shall keep a writtenrecord of all proceedings of the Board.
Qualifications of Board Members:
If any such persons are available in the County,each member shall be a licensed professionalengineer or architect or a building contractor orsuperintendent of building construction, or otherperson qualified by experience and training to passon matters pertaining to building construction, andat no time shall there be more than two membersfrom the same profession or business; and at leastone member shall, if possible, be a licensedarchitect and one member shall be a licensedstructural or civil engineer.
Application for Appeal
22
s
Any person aggrieved by a decision of the BuildingOfficial denying, issuing, or revoking a permit orin applying the provisions of the Code or thisResolution to the construction, alteration orrepair of a structure, as herein defined, mayappeal such decision to the Board of Appeals.
Time for Appeal4 *,* An appeal shall be commenced within 10 days fromthe date of the decision appealed from by filing awritten Notice of Appeal with the Secretary of theBoard of Appeals setting forth the decisionappealed from.
~"tfT Board Action on Appeal
Upon receipt of a Notice of Appeal, the Secretaryshall schedule said appeal for Hearing in 30 days,or if the Board has adopted a regular schedule ofmeetings, not later than the third regular meetingfollowing receipt of the Notice. The Secretaryshall thereupon mail written notice of the date,time, and place of the Hearing to the BuildingOfficial and to the Appellant.
Hearings
Hearings shall be public and shall be conducted asnearly as possible in conformity with Section24-4-105 C.R.S. 1973, as amended. The Board shalladopt reasonable rules and regulations for theconduct of hearings and thereafter such rules andregulations shall govern the conduct of suchhearings.
Rulings
The Board shall issue its findings and rulingsthereon in writing not later than 30 days after thehearing, or not later than the second regularmeeting following the hearing, if the regularschedule of meetings has been adopted by the Board.The Secretary shall mail copies of the findings andrulings to the Building Official and Appellant.
-3-. llT02— Appeals to the Board of County Commissioners
Grievances\Any person aggrieved by a decision of the Board ofAppeals shall have the right of appeal therefrom to
23
the Board of County Commissioners. Such appealshall be made within thirty (30) days from the dateof the decision of the Board of Appeals, and in thecase of an appeal by the Building Official, theoriginal Appellant shall be notified within five(5) days from the date of the decision that theBuilding Official intends to appeal the decision.
Procedure V *
Appeals hereunder shall be commenced by filing awritten Notice of Appeal with the Clerk to theBoard of County Commissioners, who shall schedulethe appeal for hearing not later than the secondregular meeting following receipt of said Notice.The Clerk shall notify the Secretary of the Boardof Appeals, the Building Official and the Appellantin writing of the date, time and place of thehearing.
1
Transmission of Files
Upon receipt of the Notice from the Clerk, theSecretary of the Board of Appeals shall transmitthe File containing all Exhibits, Testimony andEvidence of whatsoever kind to the Clerk not laterthan ten (10) days prior to the scheduled hearing.
At the Hearing the Board of County Commissionersshall examine the file and consider any additionalevidence which it deems appropriate. Strict rulesof evidence shall not apply, but all additionaloral evidence shall be reduced to writing insummary form.
Ruling
Within ten (10) days from the date of the Hearingthe Board shall issue its written ruling affirming,modifying, or reversing the Ruling of the Board ofAppeals. Copies of the Ruling shall be mailed tothe Secretary of the Board of Appeals, the BuildingOfficial, and the Appellant.
The Building Official shall then take whateveraction is indicated by the Ruling of the Board.
24
PENALTY
No person shall commence or continue any work in respectto any building, structure, or mobile home, or anysewage disposal system in violation of the provisions ofthis Resolution.
3.12.02 Any violation referred to in subsection 1.15.04 shall bedeenfed a nuisance. ^ *
•3Tl2 .-fra*— Any person who violates the provisions of thisResolution is liable upon conviction to a fine of notmore than one hundred dollars, or by imprisonment in thecounty jail for not more than ten days, or by both suchfine and imprisonment. Each day during which suchillegal erection, construction, reconstruction,alteration, maintenance, or use continues shall bedeemed a separate offense.
In case any building or structure is or is proposed tobe erected, constructed, reconstructed, altered,remodeled, used or maintained in violation of theprovisions of this Resolution, the Board, the BuildingOfficial, the District Attorney of the District, or anyowner of real estate within the area, in addition toother remedies provided by law, may institute anappropriate action to other remedies provided by law,may institute an appropriate action for injunction,mandamus or abatement to prevent, enjoin, abate, orremove such unlawful erection, construction,reconstruction, alteration, remodeling, maintenance or
WAIVER
The Building Official may waive any permit requirementswithin this Resolution only after a determination thatthe effect of such a waiver is minor and will not affectthe health, safety and welfare of the persons occupyingbuildings of Eagle County.
REPEAL
Upon the approval and adoption of this Resolution by theBoard, all existing or previously adopted BuildingResolutions not reflected in this Resolution be and thesame are hereby repealed and superseded by thisResolution.
SEVERABILITY
The Eagle County Board of Commissioners hereby declares
25
that if any section, subsection, clause or phrase ofthis Resolution or of the 1991 Code adopted by thisResolution, is for any reason held to be invalid by thedecision of any court of competent jurisdiction, suchdecision shall not affect the validity of the remainingportions of this Resolution and/or 1991 Code.
.0
EFFECTIVE DATE
This" Resolution shall be *in force and effect from andafter the date of the Board's execution of thisResolution.
26
TABLE 1 - 3JECT MAY REQUIRE ONE OR MORE PHE FOLLOWING PERMITS:
Building of New Non-Resident-ial Commercial Structure
Moving of Existing Structureto New Location
Moving of Manufactured Housinginto a Mobile Home Park
Moving & Setting of FactoryBuilt Structure on Bldg Site
Building of a Structure UsedSolely as an AgriculturalBuilding (See 3.05.02(T) Pg.9
One story detached buildingsused as tool and storage shedsplayhouses and similar usesprovided the projected roofarea does not exceed 120 s.f.and the height of said build-ings does not exceed 10 feetat peak of roof.
Demolition of the Whole orPart of Building, FactoryBuilt Structures, or Manufac-tured Housing
Additions & alterations invol-ving bedroom, bathroom,kitchen, living room, or otheraccessory rooms
Additions & alterationsinvolving an attached or de-tached garage or shop
Non-structural sidewalks/slabs
NOPERMITREQ.
X
X
X
PERMIT(S)REQUIRED
1,2,3,4,5,6,9,10
1,2,3,4,5,6,9,10
1
3,8
1,2,3,4,5,6
1
1,2,3,4,6,9,
10
1,2,3,4,5,6
REVIEWREQUIRED
BD,EH,PD,EG
BD,EH,PD,EG
BD,EH,PD,EG
BD,PD
BD,EH,PD,EG
BD,PD
BD,EH,PD,EG
BD , PD , EG
SITEPLANREQ.
X
X
X
X
X
X
X
27
CLASSIFICATIONOF PROJECTS
Additions &
Exterior
Construction &
On Site
Accessory
Construction
Exterior Repair
& Replacement
£/or Addition
Interior Repair
& Replacement
S/or Addition
W
SPECIFIC PROJECTS
P'eckS;''':aiSii.: Patios not over
3ti inches above grade with nopermanent construction abovethe floor line.
Decks, Entry Porches, Etc.
Retaining Walls, over 4 feetin height (Engineering Req. ) »
i j
Fences over 6 feet in height
Fences used for Agriculturalpurposes only or those fencesunder 6 feet in height
Erection of Exterior Signs(Except as Exempt in ZoningResolutions )
All Non-Structural Landscaping
Replacement of Roof
Repair or Replacement ofExterior Siding
Replacement or Addition ofExterior Window
Repair of Existing ExteriorWindow
Addition of Exterior Door
Repair or Replacement ofExisting Exterior Door
Repair or Replacement offloor covering
Painting, Papering or SimilarFinish Work-Exterior orInterior
Installation of WoodburningStove or Fireplace
NOPERMITREQ.
X
X
X
X
X
X
X
X
wPERMIT (S)REQUIRED
1,3
1
1
7
1
1
1
4
REVIEWREQUIRED
BD,PD
BD^G
BD,PD
BD,PD
BD
BD
BD,PD
BD
SITEPLANREQ.
X
X
X
X
28
ROAD CUT PERMITS
A Road Cut Permit Is required for all construction (Includingdriveways and utility excavation) within the County Rlght-of-Way.
Road Cut Permits may be obtained at:
Eagle County Road & Bridge712 E. Castle DriveEagle, CO $1631
For further information, phone: 328-8830.
IB (MIN.) OIA.-*{CULVERT
GRAVELBASE
0' RECOMMENDEDGRADE OF 8%
IMPROVE DITCH THROUGHPROPERTY AS NECESSARYTC MATCH 2'- 6" CULVERT
°"™ EAGLE COUNTY DESIGN STANDARDRESIDENTIAL DRIVEWAYS 7/62
ORDINANCE NO.(Series 1994)
AN ORDINANCE ESTABLISHING WATER AND SEWERACTIVITY ENTERPRISES FOR THE TOWN OF GYPSUM,COLORADO
WHEREAS, the Town of Gypsum (the "Town") is a home rulemunicipality established pursuant to Article XX, Section 6 of theColorado Constitution and the Gypsum Home Rule Charter adoptedOctober 21, 1987, and is authorized to provide water and seweractivities, services, and facilities within and without the Townand is authorized by law to issue its own revenue bonds; and
WHEREAS, such water and sewer activities may include, but arenot limited to, the acquisition, diversion, storage, carriage,delivery, distribution, collection, treatment, use, reuse,augmentation, exchange, or discharge of water, including theprovision of wholesale or retail water or wastewater or stormwaterservices and the acquisition of water or water rights, and allservices and facilities related thereto; and
WHEREAS, the Town has conducted and operated its water andsewer activities as government service businesses owned by theTown; and
WHEREAS, in addition to any other authority or procedureprovided by law, the Town desires to reestablish, operate, andcontinue a Water Activity Enterprise or Enterprises and a SewerActivity Enterprise or Enterprises ("Enterprise") pursuant to theTown's home rule powers and in conformance with the provisions ofArticle 45.1, Title 37, C.R.S. ("Act"), in order to exclude theEnterprises from the provisions of Section 20, Article X of theState Constitution ("TABOR"); and
/WHEREAS, the adoption of this Ordinance and the
reestablishment, operation, and continuation of the Water ActivityEnterprise and the Sewer Activity Enterprise of the Town inconformance with the Act and TABOR will serve a public use and willpromote the health, safety, prosperity, security, and generalwelfare of the inhabitants of the Town and of the people of theState,
THEREFORE, BE IT ORDAINED by the Town Counsel of the Town ofGypsum:
SECTION li There is hereby added to Title 13 of the Municipal Codeof the Town of Gypsum a new Chapter 13.14, ENTERPRISE ACTIVITIES,which is to read as follows:
13.J&9-. 010 Definitions. As used in this Chapter:
A. "District" means any state or local governmentalentity which has authority to conduct water activities,including a water conservancy district created pursuant toarticle 45 of title 37, C.R.S., a water conservation districtcreated by article 46, 47, or 48 of title 37, C.R.S., a waterand sanitation district or other entity created pursuant totitle 32, C.R.S., an entity created pursuant to title 29 or37, C.R.S., a county or a municipality.
B. "Grant" means a cash payment of public funds madedirectly to an enterprise by the state or a local governmentalentity or a district, which cash payment is not required to berepaid. "Grant" does not include public funds paid oradvanced to an enterprise by the state or a local governmentalentity or a district in exchange for an agreement by anenterprise to provide services including the provision ofwater, the capacity of project works, materials, or otherwater or sewer activities, nor does "grant" include funds madein the current or next fiscal year, gifts, any paymentsdirectly or indirectly from federal funds or earnings onfederal funds, collections for another government, pensioncontributions by employees and pension fund earnings, reservetransfers or expenditures, damage awards, or property sales.
C. "Sewer Activity Enterprise" means the functions andservices of the Town established and maintained to providesewer activities including, but not limited to, thecollection, treatment, use, reuse, augmentation, exchange, ordischarge of wastewater, including the provision of wholesaleor retail wastewater or stormwater services, and all servicesand facilities related thereto.
D. "Water Activity Enterprise" means the functions andthe services of the Town established and maintained to providewater activities including, but not limited to, theacquisition, diversion, storage, carriage, delivery,distribution, treatment, use, reuse, augmentation, exchange,or discharge of water, including the provision of wholesale orretail water services and the acquisition of water or waterrights, and all services and facilities related thereto.
13. ; 020 Water Activity Enterprise Operations andFacilities. The Water Activity Enterprise shall manage, operate,maintain, and conduct all water activities, services, andfacilities of the Town. The Enterprise is authorized to utilize,improve, extend, enlarge, repair, replace, acquire, dispose of,encumber, contract with respect to, and otherwise control andsupervise all water activity facilities and property of the Town.The Water Activity Enterprise shall be wholly owned by the Town.
All facilities, property, and assets which are utilized by theEnterprise or form part of the Water Activity Enterprise shall bethe property of the Town.
13.J&9". 030 Sewer Activity Enterprise Operations andFacilities. The Sewer Activity Enterprise shall manage, operate,maintain, and conduct all sewer activities, services, andfacilities of the Town. The Enterprise is authorized to utilize,improve, extend, enlarge, repair, replace, acquire, dispose of,encumber, contract with respect to, and otherwise control andsupervise all sewer activity facilities and property of the Town.The Sewer Activity Enterprise shall be wholly owned by the Town.All facilities, property, and assets which are utilized by theEnterprise or form part of the Sewer Activity Enterprise shall bethe property of the Town.
13.*y.040 Multiple Enterprises. The Water ActivityEnterprise may conduct or continue to conduct one or more WaterActivities, and the Sewer Activity Enterprise may conduct orcontinue to conduct one or more Sewer Activities, includingcontracting with governmental entities, enterprises, ornongovernmental entities or persons. The Town Council may, fromtime to time, by resolution establish or restructure any activitywithin the Water Activity Enterprise or the Sewer ActivityEnterprise as a separate enterprise. The Town Council mayestablish separate enterprises for any other appropriate activityor function conducted by the Town. Failure to designate otherenterprises in the Gypsum Municipal Code shall not exclude suchother enterprises from the provisions of Section 20, Article X ofthe State Constitution.
13. -5.050 Governing Board. The Town Council shall be thegoverning board of each enterprise. The governing board shallconduct the business of the enterprise in the same manner andfollow the same procedures as the Town Council. All officialbusiness of the governing board may be combined with and shall beconducted only during regular or special meetings of the TownCouncil at which a quorum is present. The record of proceedings ofthe governing board may be incorporated into the minutes of theTown Council. No oaths, bonds, or other qualifications shall berequired of the governing board. All actions of the governingboard shall be considered as the actions and business of the Townundertaken by the Town Council acting as the governing board of theenterprise. All business and actions of the governing board shallbe governed by and made subject to all requirements, privileges,immunities, protections, limitations, and other provisions of law.
13.00r>.060 Powers. The governing body of each enterprisemay, without limitation, exercise the Town's legal authorityrelating to activity conducted by the enterprise, except asexpressly provided herein. Such authority shall include, but notbe limited to, all powers set forth in Article 45.1, Title 37,
C.R.S. ("Act"), Title 30, C.R.S., Article XX, Section 6 of theColorado Constitution and the Gypsum Home Rule Charter.Enterprises are authorized to issue or reissue bond, notes, orother obligations payable from revenues or other available funds ofthe enterprise pursuant to law. The powers and authoritiesspecifically conferred herein shall not modify, limit, or affectthe powers conferred by any other law directly or indirectly,except as expressly provided herein.
13 .070 Taxes. Enterprises shall not levy or assess anytax which is subject to the provisions of Section 20, Article X ofthe State Constitution.
13.J09.080 Grants. Enterprises shall not accept or receiveany revenue in grants from the State or any local government,unless expressly authorized by the Town Council
13.£g.090 Contracts . All contracts related to activities orfunctions conducted by the enterprises shall be approved by thegoverning board and executed by Town officers with the Town as thecontracting party. Any pre-existing contract relating to activityor functions conducted by any enterprise shall be considered ashaving been approved by the governing board. All contractsrelating to an activity or function of an enterprise shall beimplemented and discharged by the enterprise, unless otherwiseprovided by the Town Council
13. &5. 100 Revenue . All revenue for services and facilitiesprovided by an enterprise, including rates, fees, tolls, charges,and all other income of the enterprise shall be collected, used,and expended for activities and purposes for which the enterprisewas established as determined by the governing board in accordancewith and as set forth in the fiscal budget for the enterpriseadopted by the Town Council pursuant to law. Rates for servicesand facilities provided by an enterprise shall be established bythe governing board, approved by the Town Council, and collectedand enforced by the Town. No revenue of an enterprise or spendingthereof shall be subject to the provisions of Section 20, ArticleX of the State Constitution.
*#g.. 110 Enterprise Fund. Enterprise funds have beenestablished by the Town Council for enterprise accounting andbudgetary purposes and will be maintained to account for revenueand expenditures of the Water Activity Enterprise and the SewerActivity Enterprise. All budgets, reports, audits, and financialoperations of an enterprise shall conform to and be prepared inaccordance with generally accepted accounting principles applicableto governmental (enterprise) units and other requirements of Statelaw.
13..&3T. 120 Enterprise Disqualification. Any enterpriseestablished or recognized pursuant to this Chapter shall remain ineffect, whether or not it is qualified or disqualified as anenterprise pursuant to the provisions of Section 20, Article X ofthe State Constitution, until modified or repealed by the TownCouncil.
13.j09.130 Miscellaneous. Nothing set forth in this Chaptershall be construed to limit the authority to the governing board oran enterprise to utilize other policies or procedures for operatingor continuing the enterprise, except as otherwise expresslyprovided herein. It is the intent of the Town Council toreestablish the Water Activity Enterprise and the Sewer ActivityEnterprise in conformance with the provisions of the Act, theprovisions of Section 20, Article X of the State Constitution, andthe Gypsum Home Rule Charter according to its most reasonableinterpretations thereof. The application and effect of thisChapter with respect to the Water Activity Enterprise and the SewerActivity Enterprise shall be both prospective and retrospective tothe effective date of the provisions of Section 20, Article X ofthe State Constitution.
SECTION 2 - PUBLIC HEARING: A public hearing on this Ordinanceshall be held on the ft day of /V^mrr-h 1994 at 7:00 p.m. atthe Town Council Chambers, Gypsum Town Hall, Gypsum, Colorado.
Section 3 - EFFECTIVE DATE: This Ordinance shall become effectiveas a permanent ordinance five days after publication followingfinal passage.
SECTION 4 - SEVERABILITY: If any portion of this Ordinance isfound to be void or ineffective, it shall be deemed severed fromthis Ordinance and the remaining provisions shall remain valid andin full force and effect.
INTRODUCED, READ, AND ORDERED PUBLISHED BY THE TOWN COUNCIL OFTHE TOWN OF GYPSUM, COLORADO, UPON A MOTION DULY MADE, SECONDED ANDPASSED AT ITS REGULAR MEETING HELD AT THE TOWN OF GYPSUM, ON THE81*- DAY OF febvLKVru _ , 1994, BY A VOTE OF 6> INVru
FAVOR AND i^\ —^GAINST .
TOWN OF GYPSUM
Wi fe' Xg )7?)Sharon M. Keigle
DanielLR". Lister, Mayor/
ATTEST:
FINALLY ADOPTED, PASSED AND APPROVED ON ~)?7lMJ . 1994
TOWN OF GYPSUM
Bv; J^jpifYY/VADaniel Rv Lister, Mayor
ATTEST:
Baron M. Keigley lerk
*••
TOWN OF GYPSUMP.O. BOX 130
300 FIRST STREETGYPSUM, COLORADO 81637
(303)524-7514
P U B L I C N O T I C E
This is to give notice of a Public Hearing to be held on March22, 1994 at 7:00 p.m. at the Gypsum Town Hall, 300 First Street,Gypsum, Colorado, on the following ordinances:
ORDINANCE 1, SERIES 1994 - AN ORDINANCE REPEALING FROM ANDADDING TO THE MUNICIPAL CODE OF THE TOWN OF GYPSUM, COLORADO,REPEALING CHAPTER 4, OF TITLE 15 AND ADDING A NEW CHAPTER 4, OFTITLE 15 WHICH ADOPTS THE FOLLOWING CODES BY REFERENCE, THEUNIFORM BUILDING CODE, 1991 EDITION; UNIFORM MECHANICAL CODE,1991 EDITION; UNIFORM FIRE CODE, 1993 EDITION; NATIONALELECTRICAL CODE, 1993 EDITION; UNIFORM PLUMBING CODE, 1991EDITION; AND AMENDING THESE CODES.
ORDINANCE 2, SERIES 1994 - AN ORDINANCE ESTABLISHING WATERAND SEWER ACTIVITY ENTERPRISES FOR THE TOWN OF GYPSUM, COLORADO.
ORDINANCE 3, SERIES 1994 - AN ORDINANCE APPROVING A LOANFROM THE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITYIN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $695,000.00 FOR WATERPURPOSES; AUTHORIZING THE FORM AND EXECUTION OF THE LOANAGREEMENT AND A SPECIAL REVENUE GOVERNMENTAL AGENCY BOND TOEVIDENCE SUCH LOAN; PLEDGING CERTAIN OF THE NET REVENUES OF THETOWN'S WATER SYSTEM TO THE REPAYMENT OF SUCH BOND; ANDPRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH.
The text of the of these Ordinances is available for publicinspection at the office of the Town Clerk, 300 First Street,Gypsum, Colorado, on Monday through Friday between the hours of8:00 a.m. and 5:00 p.m.
Water Service RegulationsWater Rights DedicationWastewater DepartmentEnterprise ActivitiesNon-Profit Organizations
Chapter 13.04
WATER SERVICE REGULATIONS
010 Water Department Created.,020 Superintendent and Personnel.030 Water Works Fund.040 Conditions of Water Service.050 Eligibility for Water Service.060 Application for a Water Service License.070 Schedule of Water Rates.080 System Development Charges and Tapping Fees.090 Special Permits and Fees.100 Payment of Water Rates and Charges.110 Responsibility for Payment of Water Rates.111 Certification of Delinquent Charges and Fees.120 Late Charges, Interest Charges and Fees.130 Standards and Installation of Plumbing and
Plumbing Fixtures.140 Expanded Water Service.150 Decrease or Discontinuance of Service.160 Right to Water Shut Off by Town.170 Separate Connections Required.180 Service Pipe Regulations.190 Cross-Connection and Interconnection.200 Water Service Outside Gypsum Corporate Limits210 Water Service Curtailment Outside Gypsum
Corporate Limits.220 Tap Activation.250 Tap Size.260 Water Meter Requirements.270 Access to Water Meters.280 Metered uses.290 Water facility Ownership.300 Extension of Mains or Water Facilities.310 Facility Extension Cost Recovery.320 Water Waste or Pollution.330 Water Use During Fire Emergencies.340 Fire Protection Service.350 Water Conservation.360 Water Use Restrictions.
30
13.14.010Chapter 13.14
ENTERPRISE ACTIVITIES
Sections:
13.14.010 Definitions.13.14.020 Water Activity Enterprise Operations and
Facilities.13.14.030 Sewer Activity Enterprise Operations and
13.14.010 Definitions. As used in this Chapter: A."District " means any state or local governmental entity which hasauthority to conduct water activities, including a waterconservancy district created pursuant to article 45 of title 37,C.R.S., a water conservation district created by article 46, 47, or48 of title 37, C.R.S., a water and sanitation district or otherentity created pursuant to title 32, C.R.S., an entity createdpursuant to title 29 or 37, C.R.S., a county or a municipality.
B. "Grant" means a cash payment of public funds made directlyto an enterprise by the state or a local governmental entity or adistrict, which cash payment is not required to be repaid. "Grant"does not include public funds paid or advanced to an enterprise bythe state or a local governmental entity or a district in exchangefor an agreement by an enterprise to provide services including theprovision of water, the capacity of project works, materials, orother water or sewer activities, nor does "grant" include fundsmade in the current or next fiscal year, gifts, any paymentsdirectly or indirectly from federal funds or earnings on federalfunds, collections for another government, pension contributions byemployees and pension fund earnings, reserve transfers orexpenditures, damage awards, or property sales.
C. "Sewer Activity Enterprise" means the functions andservices of the Town established and maintained to provide seweractivities including, but not limited to, the collection,treatment, use, reuse, augmentation, exchange, or discharge ofwastewater, including the provision of wholesale or retailwastewater or stormwater services, and all services and facilitiesrelated thereto.
49-16
13 . 14 . 02 0 - - 13 . 14 . 04 0
D. "Water Activity Enterprise" means the functions and theservices of the Town established and maintained to provide wateractivities including, but not limited to, the acquisition,diversion, storage, carriage, delivery, distribution, treatment,use, reuse, augmentation, exchange, or discharge of water,including the provision of wholesale or retail water services andthe acquisition of water or water rights, and all services andfacilities related thereto. (Ord. 2 series 1994 SI)
13 .14 . 020 Water Activity Enterprise Operations and Facilities.The Water Activity Enterprise shall manage, operate, maintain,
and conduct all water activities, services, and facilities of theTown. The Enterprise is authorized to utilize, improve, extend,enlarge, repair, replace, acquire, dispose of, encumber, contractwith respect to, and otherwise control and supervise all wateractivity facilities and property of the Town. The Water ActivityEnterprise shall be wholly owned by the Town. All facilities,property and assets which are utilized by the Enterprise or formpart of the Water Activity Enterprise shall be the property of theTown. (Ord. 2 series 1994 SI)
and conduct all sewer activities, services, and facilities of theTown. The Enterprise is authorized to utilize, improve, extend,enlarge, repair, replace, acquire, dispose of, encumber, contractwith respect to, and otherwise control and supervise all seweractivity facilities and property of the Town. The Sewer ActivityEnterprise shall be wholly owned by the Town. All facilities,property, and assets which are utilized by the Enterprise or formpart of the Sewer Activity Enterprise shall be the property of theTown. (Ord. 2 series 1994 SI)
13.14.040 Multiple Enterprises.The Water Activity Enterprise may conduct or continue to
conduct one or more Water Activities, and the Sewer ActivityEnterprise may conduct or continue to conduct one or more SewerActivities, including contracting with governmental entities,enterprises, or nongovernmental entities or persons. The TownCouncil may, from time to time, by resolution establish orrestructure any activity within the Water Activity Enterprise orthe Sewer Activity Enterprise as a separate enterprise. The TownCouncil may establish separate enterprises for any otherappropriate activity or function conducted by the Town. Failure todesignate other enterprises in the Gypsum Municipal Code shallnot exclude such other enterprises from the provisions of Section20, Article X of the State Constitution. (Ord. 2 series 1994 SI)
49-17
13.14.050--13.14.090
13.14.050 Governing Board.The Town Council shall be thegoverning board of each enterprise. The governing board shallconduct the business of the enterprise in the same manner andfollow the same procedures as the Town Council. All officialbusiness of the governingboard may be combined with and shall be conducted only duringregular or special meetings of the Town Council at which a quorumis present. The record of proceedings of the governing board maybe incorporated into the minutes of the Town Council. No oaths,bonds, or other qualifications shall be required of the governingboard. All actions of the governing board shall be considered asthe actions and business of the Town undertaken by the Town Councilacting as the governing board of the enterprise. All business andactions of the governing board shall be governed by and madesubject to all requirements, privileges, immunities, protections,limitations, and other provisions of law. (Ord. 2 series 1994 SI)
13.14.060 Powers.The governing body of each enterprise may, without limitation,
exercise the Town's legal authority relating to activity conductedby the enterprise, except as expressly provided herein. Suchauthority shall include, but not be limited to, all powers setforth in Article 45.1, Title 37, C.R.S. ("Act"), Title 30, C.R.S.,Article XX, Section 6 of the Colorado Constitution and the GypsumHome Rule Charter. Enterprises are authorized to issue or reissuebond, notes, or other obligations payable from revenues or otheravailable funds of the enterprise pursuant to law. The powers andauthorities specifically conferred herein shall not modify, limit,or affect the powers conferred by any other law directly orindirectly, except as expressly provided herein. (Ord. 2 series1994 SI)
13.14.070 Taxes.Enterprises shall not levy or assess any tax which is subject
to the provisions of Section 20, Article X of the StateConstitution. (Ord. 2 series 1994 SI)
13.14.080 Grants.Enterprises shall not accept or receive any revenues in grants
from the State or local government, unless expressly authorized bythe Town Council. (Ord. 2 series 1994 SI)
13.14.090 Contracts.All contracts related to activities or functions conducted by
the enterprises shall be approved by the governing board andexecuted by Town Officers with the Town as the contracting party.Any pre-existing contract relating to activity or functions
49-18
13.14.100--13.14.130
conducted by any enterprise shall be considered as having beenapproved by the governing board. All contracts relating to anactivity or function of an enterprise shall be implemented anddischarged by the enterprise, unless otherwise provided by the TownCouncil. (Ord. 2 series 1994 SI)
13.14.100 Revenue. All revenue for services and facilitiesprovided by an enterprise, including rates, fees, tolls, charges,and all other income of the enterprise shall be collected, used,and expended for activities and purposes for which the enterprisewas established as determined by the governing board in accordancewith and as set forth in the fiscal budget for the enterpriseadopted by the Town Council pursuant to law. Rate for services andfacilities provided by an enterprise shall be established by thegoverning board, approved by the Town Council, and collected andenforced by the Town. No revenue of an enterprise or spendingthereof shall be subject to the provisions of Section 20, ArticleX of the State Constitution. (Ord. 2 series 1994 SI)
13.14.110 Enterprise Fund. Enterprise funds have beenestablished by the Town Council for enterprise accounting andbudgetary purposes and will be maintained to account for revenueand expenditures of the Water Activity Enterprise and the SewerActivity Enterprise. All budgets, reports, audits, and financialoperations of an enterprise shall conform to and be prepared inaccordance with generally accepted accounting principles applicableto governmental (enterprise) units and other requirements of Statelaw. (Ord. 2 series 1994 SI)
13.14.120 Enterprise Disqualification. Any enterpriseestablished or recognized pursuant to this Chapter shall remain ineffect, whether or not it is qualified or disqualified as anenterprise pursuant to the provisions of Section 20, Article X ofthe State Constitution, until modified or repealed by the TownCouncil. (Ord 2 series 1994 SI)
13.14.130 Miscellaneous. Nothing set forth in this chaptershall be construed to limit the authority to the governing board oran enterprise to utilize other policies or procedures for operatingor continuing the enterprise, except as otherwise expresslyprovided herein. It is the intent of the Town Council toreestablish the Water Activity Enterprise and the Sewer ActivityEnterprise in conformance with the provisions of the Act, theprovisions of Section 20, Article X of the State Constitution, andthe Gypsum Home Rule Charge according to its most reasonableinterpretations thereof. The application and effect of thisChapter with respect to the Water Activity
49-19
13.16.010--13.16.030
Enterprise and the Sewer Activity Enterprise shall be bothprospective and retrospective to the effective date of theprovisions of Section 20, Article X of the State Constitution.(Ord. 2 series 1994 SI)
13.16.010 Definitions. A Charitable, non-profit organizationshall be defined as an entity classified as non-profit for taxpurposes by the United States Internal Revenue Code. (Ord. 7series 1986 SI)
13.16.020 Criteria. The Town Council, in its sole discretionmay exempt a charitable, non-profit organization from payment ofwater and sewer tap fees, water and sewer service fees and therequirements of the Water Rights Dedication Ordinance, in whole orin part. The following criteria shall be used by the Council inreaching its decision as to whether a waive will be granted: wateror sewer demands placed upon the municipal system; size of thebuilding; use of the building; number of members of theorganization; type of community service provided and hardshippresented tot he organization if the fees or requirements wereimposed. (Ord. 7 series 1986 S2)
13.16.030 Waiver. Upon review of the criteria listed above,the Town may, in it's discretion, waive all or part of therequirements and/or fees required by the water and sewer provisionsof the Code. (Ord. 7 series 1986 S3)
49-20
TOWN OF GYPSUM, COLORADO
Ordinance No. JL(Series 199/)
ANORDINAN£B-ANNEXINa CERTAIN LAND KNOWN AS THEJ/fl JJTH> V) fry? nr h ANNEXATION/ APPROXIMATELY
. 01 ACRES TO THE TOWN OF GYPSUM, COLORADO.
WHEREAS, a petition for the annexation of a tract of landknown as the /SMi/o /Vior>,A ANNEXATION, described on Exhibit Aattached hereto and incorporated herein by this reference, has beensubmitted to the Town of Gypsum and has been found by the TOWNCOUNCIL to be in substantial compliance with Section 31-12-107(7),C.R.S.; and
WHEREAS, said petition has been signed by the owners of 100%of the area proposed to be annexed exclusive of streets and alleys;and
WHEREAS, all applicable requirements of the Gypsum MunicipalCode have been fulfilled; and
WHEREAS, the property is eligible for annexation in accordancewith the Municipal Annexation Act of 1965, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWNOF GYPSUM, COLORADO, as follows:
1. The property known as the CLn-^n^ fX?\w K. ANNEXATION ishereby annexed to the Town of Gypsum, Colorado.
2. The annexation of said land is subject to the terms andconditions of that Annexation Agreement dated _ , 199between the Town of Gypsum and u o m K n
3. The annexation of said land to the Town of Gypsum, Coloradoshall be complete and effective upon the effective date of thisOrdinance, except that as to General Property Taxes said annexationshall be effective on and after the first day of January, 199 .
"*.
4. That within thirty (30) days after the effective date of thisordinance, the Town clerk shall:
a. File one copy of the annexation map with the original ofthe Annexation Ordinance in the office of the Town Clerkof the Town of Gypsum, Colorado.
b. File two certified copies of the Annexation Ordinance andmap of the area annexed containing a legal description ofsuch area with the county Clerk and Recorder.
1- *
INTRODUCED, READ, AND ORDERED PUBLISHED BY THE TOWN COUNCIL OF THETOWN OF GYPSUM, COLORADO, AT ITS REGULAR. MEETING HELD AT THE TOWNOF GYPSUM, ON , 199 . '
TOWN OF GYPSUM
By:Daniel R. Lister, Mayor
ATTEST:
By:Sharon M. Keigley, Town Clerk
FINALLY, adopted, passed, and approved on1993..
TOWN OF GYPSUM
By:Daniel R. Lister, Mayor
ATTEST:
By:Sharon M. Keigley, Town Clerk
After all persons desiring to be heard had been heard, the presiding
officer declared the public hearing to be completed.
Said ordinance was introduced on second reading and read by title only,
copies of the ordinance having been made available to the general public.
The ordinance, as amended, is as follows:
ORDINANCE 1994-_3
AN ORDINANCE APPROVING A LOAN FROM THE
COLORADO WATER RESOURCES AND POWER
DEVELOPMENT AUTHORITY IN THE PRINCIPAL
AMOUNT OF NOT TO EXCEED $715,000 FOR WATER
PURPOSES; AUTHORIZING THE FORM AND EXECUTION
OF THE LOAN AGREEMENT AND A SPECIAL REVENUE
GOVERNMENTAL AGENCY BOND TO EVIDENCE SUCH
LOAN; PLEDGING CERTAIN OF THE NET REVENUES OF
THE TOWN'S WATER SYSTEM TO THE REPAYMENT OF
SUCH BOND; AND PRESCRIBING OTHER DETAILS IN
CONNECTION THEREWITH.
WHEREAS, the Town of Gypsum, Colorado (the "Town"), is a duly organized
and acting home rule municipality, created and operating pursuant to Article XX of the
Constitution of the State of Colorado and a home rule charter (the "Charter") adopted in
accordance therewith; and
WHEREAS, Section 6.4 of the Charter provides that the Town may, without
an election, borrow money, issue bonds, or otherwise extend its credit for purchasing,
constructing, condemning, or otherwise acquiring, extending or improving a municipal utility
system or other public facility or income producing project; provided that the bonds or any
other obligations shall be made wholly payable from the net revenues derived from the
operation of such utility system or other project; and
WHEREAS, the Town owns, operates, and maintains a municipal water system
as an income producing enterprise (the "System"); and
-3-
WHEREAS, the Town Council (the "Council") of the Town has determined
that it is necessary to acquire, construct and equip a complete water treatment plant with raw
water intake, a connection to the existing Town water tank, and other capital projects and
improvements to the System and costs related thereto (the "Project"), which Project, when
acquired, will become part of the System, and that there are insufficient moneys available to
the System to pay the costs thereof; and
WHEREAS, the Council has determined that in order to finance such Project,
it is necessary and advisable and in the best interests of the Town to enter into a loan
agreement (the "Loan Agreement") with the Colorado Water Resources and Power
Development Authority (the "Authority"), a body corporate and political subdivision of the
State of Colorado, pursuant to which the Authority shall loan the Town an amount not to
exceed $715,000 (the "Loan") for such purposes; and
WHEREAS, the Authority will obtain moneys to fund the Loan to the Town
through the issuance of its bonds (the "Authority Bonds"); and
WHEREAS, the Town's repayment obligations under the Loan Agreement shall
be evidenced by a special revenue governmental agency bond (the "Bond") to be issued by
the Town to the Authority; and
WHEREAS, such Loan shall be payable solely from and secured by a pledge
of an irrevocable lien on the Pledged Property (as defined in the Loan Agreement) of the
System; and
WHEREAS, the Town's obligations under the Loan Agreement and the Bond
shall not constitute a debt or indebtedness of the Town within the meaning of any Charter,
constitutional, or statutory provision or limitation, nor shall they be considered or held to be
general obligations of the Town; rather, such obligations shall be obligations payable only
from the Pledged Property of the Town's water enterprise; and
WHEREAS, the Town has been advised by bond counsel that no election is
necessary under Article X, Section 20 of the Colorado Constitution to enter into the Loan
Agreement because the System constitutes an enterprise under such constitutional provision;
and
-4-
WHEREAS, there have been presented to the Council the forms of the Loan
Agreement and Bond (collectively, the "Financing Documents"); and
WHEREAS, the Council desires to approve the forms of the Financing
Documents and authorize the execution thereof; and
WHEREAS, pursuant to § 18-8-308, C.R.S., all known potential conflicting
interests with respect to the Loan Agreement and the expenditure of the proceeds thereof
have been disclosed to the Council and the Colorado Secretary of State; and
WHEREAS, the Council has determined that no member of the Council has
a personal or private interest, as such terms are used in § 24-18-109, C.R.S., in the matter
now pending before the Council, and that no member of the Council has any interest, as
such term is used in § 24-18-201, C.R.S. in any contract made or to be made pursuant to
this Ordinance.
BE IT ORDAINED BY THE TOWN COUNCIL OF GYPSUM,
COLORADO:
Section 1. Approvals. Authorizations, and Amendments. The forms of the
Financing Documents presented at this meeting are incorporated herein by reference and are
hereby approved. The Town shall enter into and perform its obligations under the Financing
Documents in the forms of such documents, with such changes as are not inconsistent
herewith and as are hereafter approved by the Mayor, The Mayor and Town Clerk are
hereby authorized and directed to execute the Financing Documents and to affix the seal of
the Town thereto, and further to execute and authenticate such other documents or
certificates as are deemed necessary or desirable in connection therewith. The Financing
Documents shall be executed in substantially the forms approved at this meeting, provided
that such documents may be completed, corrected, or revised as deemed necessary by the
parties thereto in order to carry out the purposes of this Ordinance.
The execution of any instrument or certificate or other document in connection
with the matters referred to herein by the Mayor and Town Clerk or by other appropriate
officers of the Town, shall be conclusive evidence of the approval by the Town of such
instrument.
-5-
Section 2. Loan Details. The Loan shall be in the principal amount of not
more than $715,000, shall bear interest at an effective rate not to exceed 7%, shall mature
as provided in the Loan Agreement, but in no event later than October 1, 2014, and shall
be payable in the time and manner, and shall be subject to prepayment, as set forth in the
Financing Documents. The maximum net effective interest rate authorized for the Loan is
7%, and the actual net effective interest rate of the loan shall not exceed such rate. The
Town shall execute and deliver to the Authority a Governmental Agency Bond pursuant to
the Loan Agreement as evidence of the Loan Repayments (as defined in the Loan
Agreement). Notwithstanding any other provision of this Ordinance, the Mayor and the
Town Clerk are authorized to enter into the Financing Documents only if the actual terms
of the Loan and the Bond as to interest rate and maximum net effective interest rate are
equal to or less than the amounts set forth in this Section 2.
Section 3. Limited Obligation: Finding of No Indebtedness. The principal of
the Loan and the interest thereon shall be payable solely from certain of the revenues
derived by the Town from the ownership and operation of the System and other revenues,
as set forth in Exhibit A to the Loan Agreement (the "Pledged Property"). The Financing
Documents shall constitute an irrevocable lien upon the Pledged Property, and the Pledged
Property is hereby pledged to the payment of the Loan. The Authority may not look to
any general or other fund of the Town, other than the special funds and accounts specified
in this Ordinance, for the payment of the principal and interest on the Loan.
The obligations of the Town under the Financing Documents shall not
constitute or be held to be a debt or an indebtedness of the Town or any other
governmental entity within the meaning of any provision or limitation of the Charter or the
constitution or laws of the State of Colorado. The obligations of the Town under the
Financing Documents are not secured by the full faith and credit or taxing powers of the
Town or of any federal, state, or local government or agency. In addition, no elected or
appointed officers or agents of the Town shall be subject to any pecuniary liability in
connection with any agreement, covenant, or undertaking by the Town, or by them, contained
in any document executed in connection with the authorization, execution, and delivery of the
Financing Documents or this Ordinance or with respect to any action taken or omitted to be
taken in good faith with reference thereto.
Section 4. Disposition and Investment of Bond Proceeds. The proceeds of the
Loan shall be applied only to pay the costs and expenses of acquiring, constructing and
equipping the Project, including costs related thereto and, to the extent permitted under
federal tax laws, reimbursement to the Town for capital expenditures heretofore incurred and
paid from Town funds in anticipation in the incurrence of long-term financing therefor, and
all other costs and expenses incident thereto, including without limitation the costs of
obtaining the Loan. Neither the Authority nor any subsequent owner(s) of the Loan
Agreement shall be responsible for the application or disposal by the Town or any of its
officers of the funds derived from the Loan. In the event that all of the proceeds of the
Loan are not required to pay such costs and expenses, any remaining amount shall be used
for the purpose of paying the principal amount of the Loan and the interest thereon.
Section 5. Loan Account. There is hereby established as a book account of
the Town's Water Activity Enterprise Fund the "Colorado Water Resources and Power
Development Authority Loan Account" (the "Loan Account"). The Town shall credit to the
Loan Account each year from the Pledged Property an amount sufficient, together with
other moneys available therefor in the Loan Account or otherwise available as provided in
the Financing Documents, to pay when due the principal of and interest on the Loan.
Moneys held in the Loan Account may be invested or deposited in accordance
with the Town's investment policies and the laws of the State of Colorado. The investment
of moneys in the Loan Account shall, however, be subject to the covenants and provisions
of Section 4 hereof. Any investment income earned on amounts on deposit in the Loan
Account shall remain in the Loan Account.
Section 6. Town Representative. Pursuant to Exhibit B of the Loan
Agreement, Mayor^ Town Clerk, and Manager . , are hereby designated as the
Authorized Officers (as defined in the Loan Agreement) for the purpose of performing any
act or executing any document relating to the Loan, the Town, the Bonds or the Loan
Agreement. A copy of this Ordinance shall be furnished to the Authority as evidence of
such designation.
-7-
Section 7, Estimated Life of Water Improvements. It is hereby determined
that the estimated life of the water treatment plant and other improvements to be financed
with the proceeds of the Loan is not less than 25 years from the date of the Loan.
Section 8. Direction to Take Authorizing Action. The appropriate officers of
the Town and members of the Council are hereby authorized and directed to take all other
actions necessary or appropriate to effectuate the provisions of this Ordinance, including but
not limited to such certificates and affidavits as may reasonably be required by the Authority.
Section 9, Ratification and Approval of Prior Actions. All actions heretofore
taken by the officers of the Town and members of the Council, not inconsistent with the
provisions of this Ordinance, relating to the Financing Documents, or actions to be taken in
respect thereof, are hereby ratified, approved, and confirmed.
Section 10. Authority's Official Statement. The appropriate officers and
employees of the Town are hereby authorized and directed to furnish and supply information
concerning the Town to the Authority for use in the preparation of an Official Statement to
be used to market the Authority's Bonds.
Section 11. Statutes Superseded. Any state statutes which are inconsistent
or at variance with the provisions hereof are hereby superseded pursuant to the powers
granted the Town under the Charter and the constitution of the State of Colorado.
Section 12. Repealer. All acts, orders, ordinances, or resolutions, or parts
thereof, in conflict herewith are hereby repealed to the extent of such conflict.
Section 13. 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 intention being that the
various provisions hereof are severable.
Section 14. Ordinance Irrepealable. After said Bond is issued, this Ordinance
shall be and remain irrepealable until said Bond and the interest thereon shall have been
fully paid, satisfied and discharged.
Section 15. Publication and Posting. Following passage of this ordinance on
first reading, it shall be posted and published by title and summary of its subject matter,
along with a notice of public hearing and a statement that the text is available for public
-8-
acquisition and inspection at the office of the Town Clerk. Immediately upon its final
passage, this ordinance shall be recorded in the Town book of ordinances kept for that
purpose, shall be authenticated by the signatures of the Mayor and the Town Clerk, and shall
be posted and published again. The Council hereby determines that such second posting and
publication shall be by publication of the title hereof and a summary of the subject matter,
together with a statement that the text hereof is available for public inspection and
acquisition in the office of the Town Clerk, unless this ordinance is amended, in which case
the summary published shall also include a summary of the subject matter of the amendment.
INTRODUCED on February 8, 1994.
ADOPTED on March 8, 1994.
It was thereupon moved and seconded that the foregoing ordinance, as
amended be finally passed and adopted, and be published by publishing the title, together
with a summary of the subject matter of the amendments, in a newspaper of general
circulation published in the Town.
-9-
The question being upon the adoption of said motion, the roll was called with
the following result:
Those Voting Aye: Daniel Lister
Pamela Schultz
John Jodrie
Richard Mayne
Elsie Roth
Those Voting Nay:
Those Absent: y/?
O members of the Town Council having voted in favor of said motion, the
presiding officer thereupon declared said motion carried, and said ordinance, as amended was
duly and finally passed and adopted.
The Council then considered other business unrelated to the Loan. Thereafter,
on mption_duly made, seconded, and unanimously adopted, the meeting was adjourned.
Mayor
-10-
STATE OF COLORADO ))
COUNTY OF EAGLE ) SS.)
TOWN OF GYPSUM )
I, Sharon Keigley, the duly chosen, qualified and acting Clerk of the Town of
Gypsum, Colorado (the 'Town"), do hereby certify:
1. That the foregoing pages numbered 1 to 10, both inclusive, are true,
correct and complete copies of the record of the proceedings of the Town Council of the
Town (the "Council"), insofar as said minutes relate to an ordinance, a true copy of which
is hereinbefore set forth, had and taken at a regular meeting of the Council, held at 300
First Street, in the Town, on Tuesday, March 8, 1994, at the hour of 7:00 p.m., as recorded
in the regular official book of records of the proceedings of the Council kept in my office,
and that said proceedings were duly had and taken as therein shown.
2. That the meeting therein shown was duly held, that the persons therein
named as present at said meeting were present as shown by said minutes, and that all
members of the Council were duly notified of said meeting.
WITNESS my hand and the seal of the Town of Gypsum this March 8, 1994.
Town (tier-/ &
-11-
TOWN OF GYPSUM, COLORADO
ORDINANCE NO. 4SERIES 1994
AN ORDINANCE AMENDING THE TOWN OF GYPSUM SUBDIVISION REGULATIONSREGARDING MEETINGS OF THE PLANNING COMMISSION.
WHEREAS, the Planning Commission currently meets once a monthfor the regular meetings, and once a month for a general worksession in which no decisions can be made; and
WHEREAS, there is a need for the Town Council to be able toadjust the meetings of the Planning Commission to meet the needs ofthe Planning Commission case load and to respond to the variableneeds for development review which fluctuates from time to time.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN OF GYPSUM, COLORADO:
SECTION 1: THAT, TITLE 17 CHAPTER 17.04.070 (9) OF THE TOWN OFGYPSUM MUNICIPAL CODE IS HEREBY REPEALED AND REENACTED IN WHOLE ASFOLLOWS:
Section 17.04.070 (9) Planning Commission, Members andMeetings and Public Hearing Procedures.
Regular meetings shall be held upon notice as required by ColoradoLaw, on such days and at such times as set from time to time byresolution of the Town Council, Special meetings may be called asnecessary by the Chairman or a majority of the Planning Commissionat any regular meeting or upon twenty-four (24) hours actual noticeto all regular members, and such other notice as required byColorado law. Attendance by a member at any meeting shallconstitute conclusive evidence of adequate notice. Any member canwaive the actual notice requirement for special meetings at anytime. If it becomes necessary to change the day or time of theregular meetings, the Town Council may by Resolution permit suchchanges providing notice is published at least 1 time in a paper ofgeneral circulation.
Section 2: - PUBLIC HEARING: A public hearing on thisOrdinance shall be held on the_._/$_**_ day of /vTQ y , 1994 at7:00 p.m. at the Town Council Chambers, Gypsum Town Hall, Gypsum,Colorado.
Section 3: - EFFECTIVE DATE: - This Ordinance shall becomeeffective as a permanent ordinance five days after publicationfollowing final passage.
INTRODUCED, READ, AND ORDERED PUBLISHED BY THE TOWN COUNCIL OFTHE TOWN OF GYPSUM, COLORADO, UPON A MOTION DULY MADE, SECONDED ANDPASSED AT ITS REGULAR MEETING HELD AT THE TOWN OF GYPSUM, ONDAY OF fiar'il ,1994, BY A VOTE OF ^ IN FAVOR ANDAGAINST"!
ATTEST:
TOWN OF GYPSUM
By:Michael G. Suriano, Mayor
arbn M. Keigleyy fawsf Clerk
FINALLY ADOPTED, PASSED AND APPROVED ON .1994
TOWN OF GYPSUM
ATTEST:
Sharon M. Keigl
BY:Michael G. Suriano, Mayor
Clerk
TOWN OF GYPSUMP.O. BOX 130
300 FIRST STREETGYPSUM, COLORADO 81637
(303)524-7514
P U B L I C N O T I C E
This is to give notice that the following Ordinances wereapproved on First Reading and a Public Hearing will be held onMay 10, 1994 at 7:00 p.m. at the Gypsum Town Hall, 300 FirstStreet, Gypsum, Colorado.
ORDINANCE 4, SERIES 1994 - AN ORDINANCE AMENDING THE TOWN OFGYPSUM SUBDIVISION REGULATIONS REGARDING MEETINGS OF THE PLANNINGCOMMISSION.
ORDINANCE 5, SERIES 1994 - AN ORDINANCE AMENDIING THE TOWNOF GYPSUM SUBDIVISION REGULATIONS REGARDING SUBDIVISIONEXEMPTIONS.
The text of the of these Ordinances is available for publicinspection at the office of the Town Clerk, 300 First Street,Gypsum, Colorado, on Monday through Friday between the hours of8:00 a.m. and 5:00 p.m.
Sharon KeigleyTown Clerk
TOWN OF GYPSUMP.O. BOX 130
300 FIRST STREETGYPSUM, COLORADO 81637
(303)524-7514
P U B L I C N O T I C E
This is to give notice that the following Ordinances wereapproved on First Reading and a Public Hearing will be held onMay 10, 1994 at 7:00 p.m. at the Gypsum Town Hall, 300 FirstStreet, Gypsum, Colorado.
ORDINANCE 4, SERIES 1994 - AN ORDINANCE AMENDING THE TOWN OFGYPSUM SUBDIVISION REGULATIONS REGARDING MEETINGS OF THE PLANNINGCOMMISSION.
ORDINANCE 5, SERIES 1994 - AN ORDINANCE AMENDIING THE TOWNOF GYPSUM SUBDIVISION REGULATIONS REGARDING SUBDIVISIONEXEMPTIONS.
The text of the of these Ordinances is available for publicinspection at the office of the Town Clerk, 300 First Street,Gypsum, Colorado, on Monday through Friday between the hours of8:00 a.m. and 5:00 p.m.
Sharon KeigleyTown Clerk
17.04.070
purpose of keeping minutes of all meetings, for notifying all members oftimes and dates of meetings, for keeping files and records.
6. The Town Clerk will transmit all official correspondence.7. An alternate member shall be seated as a voting member when
designated by the Chairman to fill an absence of a regular member. Analternate member shall not be seated until fifteen (15) minutes after themeeting is officially opened. Once an alternate member is seated, heshall retain that seat for the entire course of the meeting. If, in thecourse of a meeting where an alternate member is seated, a public hearingis "continued" to a later meeting, that alternate member shall also beseated for the continuation of the public hearing, but not for any otheragenda items unless absences of regular members allow. A regular memberwho was absent from a public hearing that is continued shall.be unseatedat the continued public hearing in favor of the alternate member who wasseated at the initial public hearing. Such regular member shall retainhis seat for all other business conducted at the meeting at which thepublic hearing is continued.
8. The Town Council shall replace any regular member of thePlanning Commission if that member misses more than three consecutivemeetings unless the absences were due to reasons determined to be validby the Planning Commission Chairman. (Ord. 9 series 1993 S2)
9. Regular meetings shall be held upon notice as required byColorado Law, on such days and at such times as set from time to timeby resolution of the Town Council, Special meetings may be called asnecessary by the Chairman or a majority of the Planning Commission atany regular meeting or upon twenty-four (24) hours actual notice toall regular members, and such other notice as required by Coloradolaw. Attendance by a member at any meeting shall constituteconclusive evidence of adequate notice. Any member can waive theactual notice requirement for special meetings at any time. If itbecomes necessary to change the day or time of the regular meetings,the Town Council may by Resolution permit such changes providingnotice is published at least 1 time in a paper of general circulation.(Ord. 4 series 1994 SI)
10. Notice of meetings. Any meeting at which a quorum of thePlanning Commission is expected to be in attendance shall be held onlyafter posting at the Gypsum Town Hall no less than twenty-four (24) hoursin advance of the meeting an agenda of the meeting. The PlanningCommission shall be resolution at the first meeting of each calender yeardesignate the Gypsum Town Hall as its designated public place for postingmeeting notices. Failure to adopt such resolution shall not invalidateany notice otherwise validly posted. A posted meeting agenda may beamended by a majority vote. Notice of meetings may also be provided byany other additional means deemed appropriate.
11. Notice of Public Hearings. Notice of any public hearing beforethe Planning Commission shall be published one (1) time in a newspaper ofgeneral circulation within the Town not less than ten (10) days prior tothe public hearing. Such notice shall also be mailed by first classUnited States mail, postage prepaid to all applicants and landownerssubject to a subdivision or zoning application, and the record owners ofland immediately adjacent to the subject land, as such owner's names andaddresses may appear in the tax records of the Town or Eagle County.
12. No official action may be taken at a meeting unless a quorum ispresent. A quorum shall consist of three (3) members. A majority of themembers present must vote in the affirmative on a motion for the motionto pass. (Ord. 9 series 1993 S2)
70
TOWN OF GYPSUM, COLORADO
ORDINANCE NO. 5SERIES 1994
AN ORDINANCE AMENDING THE TOWN OF GYPSUM SUBDIVISION REGULATIONSREGARDING SUBDIVISION EXEMPTIONS.
WHEREAS, the Town of Gypsum has within title 17 of itsmunicipal code provided subdivision regulations for the purposes ofpromoting the health, safety, morals and general welfare of thetown; and
WHEREAS, the Town Council has determined that it should amendthe provision of the subdivision regulations regarding minorsubdivision where a parcel of land has been previously zoned, andstreets and utilities are already present within an existingsubdivision, and where further subdividing will not create anyfurther impacts on existing subdivisions; and
WHEREAS, the Town seeks to provide an easier, cost effectiveway for small parcels of land to be subdivided without creatingnegative impacts on existing conditions and adjacent properties.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN OF GYPSUM, COLORADO:
SECTION 1: THAT, SECTION 1, TITLE 17.28.010 (3) BE ADDED TOTHE TOWN OF GYPSUM MUNICIPAL CODE TO READ AS FOLLOWS:
Section 17.28.010 (3) - A subdivision exemption may begranted to a subdivider if the land to be subdivided has existingstreets and utilities in which further subdividing will not createany negative impacts on existing conditions, adjacent properties,or any jurisdiction such as Eagle County, Gypsum Fire ProtectionDistrict and Eagle County School District RE 50-J.
(a) The subdivider must still meet all the requirementsprovided in sketch, preliminary and final plats, however, this canbe combined into a final plat form, provided all conditions for afinal plat have been met, a subdivision exemption may be approvedfollowing review and comments by the Planning Commission at aregular or special meeting, and consideration by the Town Councilat a public hearing.
(b) At the Planning Commission and/or the Town Council'sdiscretion the subdivider may be requested to go through the fullsubdivision process and pay all fees as set forth, if regulationsand requirements are not being met to the Town's approval, or thesubdivision will result in negative impacts.
(c) The fee for a subdivision exemption shall be $100.00.
Section 2: - PUBLIC HEARING-: A public hearing on thisOrdinance shall be held on the y^'ciav of May , 1994 at7:00 p.m. at the Town Council Chambers, Gypsum tfown Hall, Gypsum,Colorado.
Section 3: - EFFECTIVE DATE: - This Ordinance shall becomeeffective as a permanent ordinance five days after publicationfollowing final passage.
INTRODUCED, READ AND ORDERED PUBLISHED BY THE TOWN COUNCIL OFTHE TOWN OF GYPSUM, COLORADO, UPON A MOTION DULY MADE, SECONDED ANDPASSED AT ITS REGULAR MEETING HELD AT THE TOWN OF GYPSUM, ON
DAY OF XtfW/ 1994. BY A VOTE OF ^ IN FAVOR ANDAGAINST.
TOWN OF GYPSUM
BY: l/\yjyy_L.Michael' G. Suriano, Mayor
M. Keigley,\Tj6wn £lerkJr—" ^
FINALLY ADOPTED, PASSED AND APPROVED ON SSJtUt. /& .1994
TOWN OF GYPSUM
BY: \Ajf\M\jMichael G. Suriano, Mayor
ATTEST:
Sharon M. Keigle^/TowHrTTlerk
•• ••
TOWN OF GYPSUMP.O. BOX 130
300 FIRST STREETGYPSUM, COLORADO 81637
(303)524-7514
P U B L I C N O T I C E
This is to give notice that the following Ordinances wereapproved on First Reading and a Public Hearing will be held onMay 10, 1994 at 7:00 p.m. at the Gypsum Town Hall, 300 FirstStreet, Gypsum, Colorado.
ORDINANCE 4, SERIES 1994 - AN ORDINANCE AMENDING THE TOWN OFGYPSUM SUBDIVISION REGULATIONS REGARDING MEETINGS OF THE PLANNINGCOMMISSION.
ORDINANCE 5, SERIES 1994 - AN ORDINANCE AMENDIING THE TOWNOF GYPSUM SUBDIVISION REGULATIONS REGARDING SUBDIVISIONEXEMPTIONS.
The text of the of these Ordinances is available for publicinspection at the office of the Town Clerk, 300 First Street,Gypsum, Colorado, on Monday through Friday between the hours of8:00 a.m. and 5:00 p.m.
Sharon KeigleyTown Clerk
TOWN OF GYPSUMP.O. BOX 130
300 FIRST STREETGYPSUM, COLORADO 81637
(303)524-7514
P U B L I C N O T I C E
This is to give notice that the following Ordinances wereapproved on First Reading and a Public Hearing will be held onMay 10, 1994 at 7:00 p.m. at the Gypsum Town Hall, 300 FirstStreet, Gypsum, Colorado.
ORDINANCE 4, SERIES 1994 - AN ORDINANCE AMENDING THE TOWN OFGYPSUM SUBDIVISION REGULATIONS REGARDING MEETINGS OF THE PLANNINGCOMMISSION.
ORDINANCE 5, SERIES 1994 - AN ORDINANCE AMENDIING THE TOWNOF GYPSUM SUBDIVISION REGULATIONS REGARDING SUBDIVISIONEXEMPTIONS.
The text of the of these Ordinances is available for publicinspection at the office of the Town Clerk, 300 First Street,Gypsum, Colorado, on Monday through Friday between the hours of8:00 a.m. and 5:00 p.m.
Sharon KeigleyTown Clerk
17.24.110--17.28.020
Permanent QtA. "/ ^numents shall be set for perimeterboundaries, b] ' 3, and parcels in compliance withsections 38-5L— _^™——«-: seqi,~" C.R.S. (Ord. 9 series 1993 S2)
Chapter 17.28
VARIANCES
Sections17.28.010 Unusual Conditions.17.28.020 Planned Unit Development.17.28.030 Multiple Dwelling Unit Projects.17.28.040 Condominium Plat Processing.
17.28.010 UNUSUAL CONDITIONS1. Variances may be granted from portions of these regulations
where the subdivider can clearly demonstrate that because of peculiarconditions, the literal enforcement of one or more of theseregulations is impractical or will exact undue hardship. Suchvariances shall be consisten with the intent and purpose of theseregulations and shall not be detrimental to the general welfare of theTown of Gypsum and its' residents.
2. The conditions, reasons, and justification for granting anyvariance shall be stated in writing in the minutes of the PlanningCommission and the Town Council. (Ord. 9 series 1993 S2)
3. A subdivision exemption may be granted to a subdivider if theland to be subdivided has existing streets and utilities in whichfurther subdividing will not create any negative impacts on existingconditions, adjacent properties, or any jurisdiction such as EagleCounty, Gypsum Fire Protection District and Eagle County SchoolDistrict RE 50-J.
(a) The subdivider must still meet all the requirements providedin sketch, preliminary and final plats, however, this can be combinedinto a final plan form, provided all conditions for a final plat havebeen met, a subdivision exemption may be approved following review andcomments by the Planning Commission at a regular or special meeting,and consideration by the Town Council at a public hearing.
(b) At the Planning Commission and/or the Town Council'sdiscretion the subdivider may be requested to go through the fullsubdivision process and pay all fees as set forth, if regulations andrequirements are not being met to the Town's approval, or thesubdivision will result in negative impacts.
(c) The fee for a subdivison exemption shall be $100.00. (Ord.5 series 1994 SI)
17.28.020 PLANNED UNIT DEVELOPMENTThese regulations may be modified by Planning Commission
recommendations and Town Council approval to allow flexibility andvariety in land development, more efficient and appropriate use of landand open space, and more efficient design for utilization of utilitiesand public utilities where a comprehensive, integrated plan is proposedfor subdividing and developing a tract of land.
88-5
1. Water supply and distribution, sewage collection and treatment,electric supply, all other utilities and streets must be included in theP.U.D. plan and must be constructed/installed by the developer inaccordance to Town of Gypsum standards.
2. Open space shall be included as part of the P.U.D. platted areaand shall be protected by suitable arrangements against futureresidential, commercial, or industrial uses.
(a) The amount of open space, exclusive of street rights-of-way,parking lots, individually owned yards, utility sites, school sites,fire station sites, commercial sites, and industrial sites, shall not beless than 25 percent of the total platted area. Of this required openspace, not more than half may be water surface (lakes, ponds, rivers,etc.), or land having a natural slope in excess of 30 percent. Singleactivity facilities, such as a golf course, shall not comprise the totalrequired open space land area.
3. There shall be a method, assured by deed restriction, covenant,or otherwise, binding the owners in perpetuity to a,method ofmaintenance of the common space areas and other common facilities.
4. Each lot, parcel, or interest with the P.U.D. shall be deededas a unit, and shall grant to that unit owner a proportionate undividedinterest in the common open areas and common facilities. (Ord. 9 series1993 32)
17.28.030 MULTIPLE DWELLING UNIT PROJECTS (CONDOMINIUMS,TOWNHOUSES, APARTMENTS, ECT.)
Developments proposing multiple dwelling unit structures shall meetrequirements for P.U.D. (Section 17.28.020) and shall comply with thefollowing:
1. Driveways shall provide convenient access to all buildings,allow a circulatory traffic pattern with no less than two accesses to apublic road, and have a paved surface.
2. A minimum of two paved parking spaces per living unit shall beprovided. Additional parking for clubhouses, service facilities, etc.shall be provided as needed. Parking spaces shall be located in amanner that prevents backing out into public rights-of-way.
(a) Any parking to be provided along driveways shall cause thepaved surface to be widened eight feet minimum on the side(s) whereparking is to be allowed.
3. Provision shall be made for driveways, grounds, open spaces,and other common facilities to be maintained by the owners of the livingunits in the development.
4. Construction on these types of projects shall not be starteduntil the Final Plat is fully approved and recorded. (Ord. 9 series1993 52)
17.28.040 CONDOMINIUM PLAT PROCESSINGUnder these regulations the Town is primarily concerned with land
use, as pertaining to suitable design of the development evidenced bythe plot plan. The plot plan will be reviewed and must be approved bythe Town Council in the place of a Final Plat and will be referred to asa Final Plat hereinafter. Additional drawings, declarations, etc., notsubject to Town review, are necessary to comply with State CondominiumLaws. At the developer's request, the Final Plat can be held forrecording until other associated documents are also ready for recording,but no longer than six months. (Ord. 9 series 1993 S2)
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Chapter 17.32
VACATING SUBDIVISION
Section17.32.010 Petitions for Vacating.17.32.020 Title Report-Notices.17.32.030 Taxes.17.32.040 Conditions.
17.32.010 Petitions for VacatingPetitions for vacation of lots in a recorded subdivision shall be
in a petition form approved by and filed with the Planning Commissionfor review. (Ord. 9 series 1993 S2)
17.32.020 Title Reports-Notices1. The petitioner for vacation of a recorded subdivision shall, at
their expense, provide a current title report provided by a licensedColorado Land Title Company showing the names of all surface owners andlienholders, as they appear upon the records in the County Clerk andRecorder's Office.
2. The Planning Commission shall consider the proposed vacating ata public hearing held at a regular meeting. Public notice shall begiven, at the petitioner's expense, as follows:
(a) Publish 3 times beginning at least 30 days prior to thescheduled regular meeting in a general circulation newspaper within theTown. Such notice shall include the petitioner's desire to vacate therecorded subdivision, with an invitation to comment, and the time andplace of the public hearing at which it will be considered.
(b) The same notice along with a vicinity map shall be sent to allowners and lienholders of record within the subdivision to be vacated bycertified mail, return receipt requested, no less than 30 days priorto the meeting.
(c) The same notice along with a vicinity map shall be sent to allowners within 300 feet of the outer perimeter of the subdivision to bevacated by certified mail, return receipt requested, no less than 30days prior to the meeting, as ownership is indicated in the County TaxAssessor's records. A printout must be obtained from said Countyrecords showing current owner's name, address, and legal description ofproperty and must be turned over to the Town Clerk.
(d) The petitioner shall provide receipts for the newspaperpublication and the U.S. Post Office Notices to the Town Clerk.
3. The petitioner shall provide approval by notarized signature of100 percent of all owners, equitable and legal lienholders of theproperty making up the recorded subdivision. Said statement of approvalby owners and lienholders shall be in a form approved by the Town.(Ord. 9 series 1993 S2)
17.32.030 TaxesThe petitioner shall provide a current Tax Certificate from the
County Treasurer indicating all taxes are currently paid and up to dateon the property to be vacated. (Ord. 9 series 1993 S2)
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17.32.040 Conditions1. The approval of a subdivision vacation shall be dependent upon
the holder of benefit of all easements granted by the original plattingof the subject subdivision conveying to the petitioner all interest intheir easements.
2. A Petition of Vacation of any previously subdivided propertywill not be approved if such vacation eliminates rights-of-way oreasements servicing or potentially servicing adjoining properties.
3. At the discretion of the Town Council, if alternate means ofaccess or easement crossing the subject property can be made to serviceadjoining properties, the Town may allow such alternatives in grantingthe Petition for Vacation. (Ord. 9 series 1993 S2)
Chapter 17.36
VESTED PROPERTY RIGHTS
Sections17.36.010 Purpose.17.36.020 Definitions.17.36.030 Notice and Hearing.17.36.040 Approval-Effective Date-Amendments.17.36.050 Notice of Approval.17.36.060 Payments of Costs.17.36.070 Other Provisions Unaffected.17.36.080 Limitations.
17.36.010 PurposeThe purpose of this section is to provide the procedures necessary
to implement the provisions of Article 68 of Title 24, C.R.S., asamended. (Ord. 9 series 1993 S2)
17.36.020 DefinitionsAs used in this section, the following terms shall be defined as
follows:1. Site Specific Development Plan--For all developments, the final
plat approved pursuant to the Town of Gypsum Subdivision Regulations;provided, however, that if the landowner wishes said approval to havethe effect of creating vested rights pursuant to Article 68 of Title 24,C.R.S., as amended, the landowner must so request at least thirty (30)days prior to the date on which said approval is to be considered.Failure to so request renders the approval not a "Site SpecificDevelopment Plan", and no vested rights shall be deemed to have beencreated. The Town Council may by agreement with the owner, designate anapproval other than that described above to serve as the Site SpecificDevelopment Plan Approval for a specific subdivision.
2. Vested Property Right—shall mean the right to undertake andcomplete the development an use of the property under the terms andconditions of a Site Specific Development Plan. (Ord. 9 series 1993 S2)
17.36.030 Notice and HearingNo Site Specific Development Plan shall be approved until after a
public hearing for which public notice has been given. Such notice may,
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at the option of the Town, be combined with the notice given for otherpublic hearings regarding the final plat and/or zoning of thesubdivision. (Ord. 9 series 1993 S2)
17.36.040 Approval-Effective Date-AmendmentsA site Specific Development Plan shall be deemed approved upon the
effective date of approval by the Town Council of the Final Plat. Inthe event amendments to the Site Specific Development Planare proposed and approved, the effective date of such amendments, forpurposes of duration of a vested property right, shall be the date ofthe approval of the original Site Specific Development Plan, unless theTown Council specifically finds to the contrary and incorporates suchfinding in its approval of the amendment. (Ord. 9 series 1993 S2)
17.36.050 Notice of ApprovalEach map, plat, or site plan or other document constituting a Site
Specific Development Plan shall contain the following language:"Approval of this Plan may create a vested property right pursuant toArticle 68 of Title 24, C.R.S., as amended. "Failure to contain thisstatement shall invalidate the creation of the vested property right.In addition, a notice describing generally the type and intensity of theuse approved, the specific parcel or parcels of property effected andstating that a vested property right has been created shall be publishedonce, not more than fourteen (14) days after approval of the SiteSpecific Development Plan, in a newspaper of general circulation in theTown. (Ord. 9 series 1993 S2)
17.36.060 Payment of CostsIn addition to any and all other fees and charges imposed by this
regulation, the applicant for approval of a Site Specific DevelopmentPlan shall pay all costs occasioned by the Town as a result of the SiteSpecific Development Plan review including publication of notices,hearings, and review by consultants. At the option of the Town, thesecosts may be imposed as a flat fee of $100.00 (Ord. 9 series 1993 S2)
17.36.070 Other Provisions UnaffectedApproval of a Site Specific Development Plan shall not constitute
an exemption from or waiver of any other provisions of this regulationpertaining to the development and use of the property. (Ord. 9 series1993 S2)
17.36.080 LimitationsNothing in this section is intended to create any vested property
right, but is only intended to implement the provision of Article 68 ofTitle 24, C.R.S., as amended. In the event of the repeal of saidArticle or a judicial determination that said Article is invalid or
17.40.010 InterpretationIn the interpretation and application of the provisions of these
regulation the following criteria shall govern:1. Whenever both a provision of these regulations and any
provision in another law, resolution, regulation, rule, or ordinancecontains restrictions covering the same subject matter, the morerestrictive or higher standard shall be enforced.
2. Rules of Construction--The particular controls the general.The word "shall" is always mandatory. The word "may" is permissive.Words used in the present tense include the future, and words used inthe plural include the singular, unless the context clearly indicatesotherwise.
3. These regulations shall not abrogate or annul any plat,easement, covenant, or agreement of record prior to the effective dateof acceptance by the Town Planning Commission and/or the Town Council.
4. Nothing in these regulations is meant to give the PlanningCommission veto power of any kind over the Town Council. The subdividermay submit a Preliminary or Final Plat that has been rejected by thePlanning Commission to the Town Council for a final decision. (Ord. 9series 1993 32)
17.40.020 SeverabilityIt is hereby declared to be the legislative intent that the
provisions of these regulations shall be severable as set forth below:1. If any provision of these regulations is declared invalid by
any court decision of competent jurisdiction, the effect of suchdecision shall be limited to that provision or provisions which areexpressly stated in said decision to be invalid. Such decision shallnot affect, impair, or nullify these regulations as a whole and theunaffected regulations shall continue in full force and effect.
2. If the application of any provision of these regulations to anytract of land is declared to be invalid by a decision of any court ofcompetent jurisdiction, it is hereby declared that the effect of suchdecision shall be limited to only the tract of land immediately involvedin such proceeding in which the judgement or decree of invalidity wasrendered, and such decision shall not otherwise impact these regulationsas a whole or the application thereof to any other tract of land.(Ord. 9 series 1993 32)
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TOWN OF GYPSUM
ORDINANCE 6SERIES 1994
AN ORDINANCE REPEALING CHAPTER 18.46 FROM THE GYPSUM MUNICIPALCODE AND ADDING A NEW CHAPTER 18.46, PROVIDING FOR SPECIAL USEPERMITS FOR CERTAIN SPECIAL USES IN RESIDENTIAL DISTRICTS.
WHEREAS, the Town of Gypsum has within Title 18 of its MunicipalCode provided zoning regulations for the purpose of promoting thehealth, safety, morals, and general welfare of the Town; and
WHEREAS, it is the intent of the Town Council to permit certainagricultural special uses within districts zoned residentialwithin the Town of Gypsum to provide for limited ranch and farmactivities to allow for the growing of crops, and pasturing ofanimals and animal husbandry; and
WHEREAS, such special uses as are to be permitted are incompliance with the Town of Gypsum Master Plan;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town ofGypsum, Colorado:
SECTION 1. There is hereby added to Title 18 of the MunicipalCode of the Town of Gypsum the following new Chapter 18.46, toread as follows:
Chapter 18.46
SPECIAL USES
Sections:
18.46.010 Special Uses - General.18.46.015 Definitions18.46.020 Special Uses Approval by Town Council.18.46.030 Special Uses in Residential Districts.18.46.040 Unlawful Acts.
18.46.010 Special Uses - General.
A. The procedures, requirements, administration, and enforcementprovided for in Chapters 18.52 (Variance) and 18.60(Administration and Enforcement) shall also apply to special uses,except as otherwise provided in this Chapter.
B. All special uses shall be subject to the application feesprovided by resolution adopted by the Town Council pursuant toSection 18.60.040 (Imposition of Fees). In addition, the TownCouncil may by resolution establish the permit fees to be imposed
for special use permits granted under this Title. A Special UsePermit Application may be established by the same resolution.
1. Applicant must submit plan for upkeep and maintenance ofanimals, disposal of waste and number of animals, with specificson odors, flies etc. A topo map and description of property mustbe included with application.
C. In considering the suitability of the special use applied for,the Town Council shall consider the factors set forth in Section18.52.030, concerning application for a variance, with theexception of subsection H (Hardship factor).
D. Special use permits may be temporary and permanent. Temporaryspecial use permits shall not be granted for more than one year induration. Application for renewal of a temporary special usepermit shall be made to the Town Council not less than sixty (60)days prior to the expiration date of the current permit. Thehearing shall be held in the month prior to the expiration date.Public notice shall not be required for renewals of special usepermits. Permanent Special Use Permits will only be granted onproperty of two to five acres.
E. The applicant will be notified by certified mail of approvalor denial of their request. Upon approval a Special Use Permitwill be issued and become effective upon the signature of thepermittee and the Mayor or his agent.
F. The Town Council shall have the power to cancel permits forviolation of any regulations of the Town of Gypsum or conditionsimposed by the Town Council. The Town Council shall cause writtennotice to be served on the permittee at the address contained inthe permit, setting forth a clear and concise allegation of theviolation and directing the permittee to appear at a time certainbefore the Town Council not less than 10 days nor more than 30days after the date of service of notice. The Town Council shallhold a hearing to determine the nature and extent of the allegedviolation and shall have the power, on good cause being shown, tocancel or revoke the permit theretofore issued to the permittee,to require corrective measures to be taken, or to direct the Townor its agents to enter onto the premises and to take thecorrective measures required by the Town Council, the costs to beassessed against the permittee and his sureties.
G. Cats and Dogs are excluded from this Chapter. No Special Useis required for the keeping of the afore mentioned animals. Anyproblems regarding the keeping of such animals shall be addressedunder the provision of Chapter 8.05 of the Gypsum Municipal ofthe Gypsum Municipal .Code. (Ordinance 6, 1994)
H. Exotic Animals must meet the same criteria for Special UsePermits.
18,46.015 Definitions.Small Animals: Include swine, sheep, rabbits, and fowl.
If found in violation, violators will be responsible for courtfees and attorney fees. (Ordinance 6, 1994)
D. If a Special Use Permit has been given and any new ordifferent animals appear than what was approved the permit willno longer be considered valid.
SECTION 2: EFFECTIVE DATE. This Ordinance shall becomeeffective the day of 1994.
A public hearing on this Ordinanceday of , 1994, at
p.m. at the Town Council Chambers, Gypsum Town Hall,
SECTION 3: PUBLIC HEARING.shall be held on the
Gypsum, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED BY THE TOWN COUNCIL OF THETOWN OF GYPSUM, COLORADO, AT ITS REGULAR MEETING HELD AT THE TOWNOF GYPSUM, ON , 1994.
TOWN OF GYPSUM
BY:
ATTEST:
Michael G. Suriano, Mayor
BY:Sharon Keigley, Town Clerk
FINALLY, adopted, passed and approved on , 1992.
TOWN OF GYPSUM
BY:Michael G. Suriano, Mayor
ATTEST:
BY:Sharon Keigley, Town Clerk
TOWN OF GYPSUM, COLORADO
ORDINANCE 17, 1994SERIES 1994
AN ORDINANCE TO AMEND THE 1994 BUDGET OF THE TOWN OF GYPSUM,COLORADO
WHEREAS, the Town of Gypsum, Colorado ("Town"), is a home rule municipality dulyorganized and existing under Article XX of the Colorado Constitution and the Town's HomeRule Charter effective October 21, 1982; and
WHEREAS, the members of the Town Council ("Council") have been duly elected, chosenand qualified; and
WHEREAS, Council appropriated funds for the fiscal year 1994 as follows:
General Fund $495,401.00Water Fund $400,023.00Sewer Fund $175,739.00Conservation Trust Fund $ 7,587.00Trash Service $145,195.00
WHEREAS, the necessity has arisen for additional expenditures in the General Fund andTrash Service Fund requiring the expenditure of funds in excess of those appropriated for thefiscal year 1994; and
WHEREAS, the unanticipated additional expenditures are contingencies which could not havebeen reasonably foreseen at the time of adiption of the budget; and
WHEREAS, funds are available for such expenditures from surplus funds available to theTown.
NOW, THEREFORE, BE IT ORDINADED BY THE TOWN COUNCIL OF THETOWN OF GYPSUM, COLORADO, that:
SECTION 1 - BUDGET AMENDMENT. The Budget for the fiscal year 1994 of the Townof Gypsum, Colorado, shall be and hereby is amended as follows:
General Fund $581,619.00Trash Fund $162,746.00Water Fund $500,000.00
SECTION 2 - APPROPRIATION. Such sums are hereby appropriated from the revenues ofthe Town to the proper funds for the purposes stated.
SECTION 3 - PUBLIC HEARING. A public hearing on this Ordinance shall be held onthe 13th, day of December, 1994 at 7:00 p.m. at the Gypsum Fire Station, 511 Second Street,Gypsum, Colorado.
SECTION 4 - EFFECTIVE DATE. This Ordinance shall become effective as a permentOrdinance five days after publication following final passage.
SECTION 5 - SEVERABILITY. If any portion of this Ordinance is found to be void orineffective, it shall be deemed severed from this Ordinance and the remaining provisions shallremain valid and and in full force and effect.
INTRODUCED, READ, AND ORDERED PUBLISHED BY THE TOWN COUNCIL OFTHE TOWN OF GYPSUM, COLORADO, UPON A MOTION DULY MADE,SECONDED AND PASSED AT ITS REGULAR MEETING HELD AT THE TOWN OFGYPSUM, ON THE 15TH DAY OF NOVEMBER, 1994, BY A VOTE OF J INFAVOR AND <Q AGAINST.
TOWN OF GYPSUM
ATTEST:
Sharon Keigley
Michael Suriano, Mayor
FINALLY ADOPTED. PASSED AND APPROVED ON DECEMBER 13. 1994.
Bv:Michael Suriano, Mayor
Sharon Keigley,
TOWN GYPSUMStreet
December 22, 1994
TO: Division of local Government1313 Sherman Street, Room 520Denver, Colorado 80203
Please replace the enclosed first page of Ordinance # 17, 1994 of the Town of Gypsum, withthis page.
I inadvertently sent you the draft page with the signature page. I apologize for anyinconvenience this may have caused.
Sharon Keigley,Town Clerk ^
Enclosure
TOWN OF GYPSUM
PUBLIC NOTICE
This is to give notice that the following Ordinances was approved on First Reading and aPublic Hearing will be held on December 13, 1994, at 7:00 p.m. at the Gypsum Fire Station,5 1 1 Second Street, Gypsum, Colorado.
ORDINANCE 14, 1994 - AN ORDINANCE SUMMARIZING EXPENDITURESAND REVENUES FOR EACH FUND, AND ADOPTING A BUDGET FOR THETOWN OF GYPSUM, COLORADO FOR THE CALENDAR YEAR BEGINNINGON THE FIRST DAY OF JANUARY, 1995, AND ENDING ON THE LAST DAYOF DECEMBER, 1995.
ORDINANCE 15, 1994 - AN ORDINANCE APPROPRIATING SUMS OFMONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THEAMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW FOR THETOWN OF GYPSUM, COLORADO FOR THE 1995 BUDGET YEAR.
ORDINANCE 16, 1994 - AN ORDINANCE LEVYING GENERAL PROPERTYTAXES FOR THE YEAR 1994, TO DEFRAY THE COST OF GOVERNMENTFOR THE TOWN OF GYPSUM, COLORADO FOR THE 1995 BUDGETYEAR.
ORDINANCE 17, 1994 - AN ORDINANCE TO AMEND THE 1994 BUDGET OFTHE TOWN OF GYPSUM, COLORADO.(SUPPLEMENTAL APPROPRIATIONS)
The text of these Ordinances are available for public inspection at the office of the TownClerk, 300 First Street, Gypsum, Colorado, on Monday through Friday between the hours of8:00 a.m. and 5:00 p.m.
Sandra OlesenDeputy Town Clerk
TOWN OF GYPSUM
ORDINANCE NO. 8SERIES 1994
AN ORDINANCE PROVIDING FOR THE ELIMINATION OF THE VARIANCEBOARD FOR THE TOWN OF GYPSUM.
WHEREAS, the Charter for the Town of Gypsum provides that the Town Councilmay abolish such Boards and Commissions which are not required by Statute, or otherwiseprovided for in the Charter; and
WHEREAS, the Town Council has determined that it is in the best interest of theTown of Gypsum to dismiss the members now serving on the Variance Board; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWNOF GYPSUM, COLORADO; that the members of the Variance Board are hereby dismissed;the members of the Planning Commission shall sit as the Variance Board to determine allmatters provided for by the Gypsum Municipal Code to be determined by the Variance Board;for such matters the Planning Commission shall adjourn its meetings and reconvene as theVariance Board; and the Gypsum Municipal Code shall be so amended.
INTRODUCED, READ AND ORDERED PUBLISHED by the Town Council of theTown of Gypsum, Colorado, at the regular meeting held at the Gypsum Town Hall, on July26, 1994, with a Public Hearing to be held on August 23, 1994.
ATTEST:
Sharon Keigley, T^Wf Clejfe^ Michael Suriano, Mayor
FINALLY, adopted, passed and approved on August 23, 1994.
ATTEST:
Michael Suriano, MayorSandra CrLesen, Deputy Town Clerk
TOWN OF GYPSUM
PUBLIC NOTICE
This is to give notice that on August 23, 1994, the Town Council of the Town of Gypsumapproved and passed the following Ordinance:
ORDINANCE NO. 8, SERIES 1994 - AN ORDINANCE PROVIDING FOR THEELIMINATION OF THE VARIANCE BOARD FOR THE TOWN OF GYPSUM.
ORDINANCE NO. 9, SERIES 1994 - AN ORDINANCE AMENDING TITLE 17 OFTHE TOWN OF GYPSUM MUNICIPAL CODE BY THE ADDITION OF CHAPTER 17.38SCHOOL SITE DEDICATION; AND SETTING FORTH DETAILS REGARDINGTHERETO.
Sandra OlesenDeputy Town Clerk
18.52.010--18.52.030
VARIANCES
Sections:
18.52.010 Authority.18.52.020 Application--Required.18.52.030 Application--Review.18.52.040 Action by board of adjustment.18.52.050 Term.18.52.060 Expiration and discontinuance.
18.52.010 Authority. The board of adjustment shall have the power togrant variances from the strict requirements, in cases of unusualhardship, which is not self-imposed, as provided in this chapter. ThePlanning Commission shall sit as the board of adjustment for purposes ofthis Title 18 and to determine all matters provided by the GypsumMunicipal Code to be determined by the board of adjustment. For mattersto be considered by the board of adjustment, the Planning Commission shallrecess its meeting and convene as the board of adjustment.(Ord. 8 series 1994)
18.52.020 Application--Required. A person desiring a variance shallsubmit a written application to the town clerk, for forwarding to theboard of adjustment, specifying:
A. The name and address of the applicant;B. The legal description and street address of the subject
property.C. That the applicant is the owner of the subject property or has
the permission of the owner, to make the application,-,D. The nature of the proposed use, or other item proposed, which is
not permitted by this title;E. The nature of the hardship which would be created by a strict
interpretation of this title;F. The justification for the applicant being granted a variance.
(Ord. 5 series 1979 Art. Ill S2)
18.52.030 Application--Review. The board of adjustment shall reviewapplications at least thirty days from the date they are received. Theadvice of the planning commission and/or the town board may be requested.In evaluating an application, the board of adjustment shall take intoconsideration the following factors:
117
TOWN OF GYPSUM
PUBLIC NOTICE
This is to give notice that the following Ordinances were approved on First Reading and aPublic Hearing will be held on August 23, 1994, at 7:00 p.m. at the Gypsum Town Hall, 300First Street, Gypsum, Colorado.
ORDINANCE 8, 1994 - AN ORDINANCE PROVIDING FOR THEELIMINATION OF THE VARIANCE BOARD FOR THE TOWN OF GYPSUM.
ORDINANCE 9, 1994 - AN ORDINANCE AMENDING TITLE 17 OF THETOWN OF GYPSUM MUNICIPAL CODE BY THE ADDITION OF CHAPTER 17.50SCHOOL SITE DEDICATION; AND SETTING FORTH DETAILS REGARDINGTHERETO.
The test of these Ordinances is available for public inspection at the office of the Town Clerk,300 First Street, Gypsum, Colorado, on Monday through Friday between the hours of 8:00a.m. and 5:00 p.m.
Sharon KeigleyTown Clerk
TOWN OF GYPSUM
PUBLIC NOTICE
This is to give notice that the following Ordinances were approved on First Reading and aPublic Hearing will be held on August 23, 1994, at 7:00 p.m. at the Gypsum Town Hall, 300First Street, Gypsum, Colorado.
ORDINANCE 8, 1994 - AN ORDINANCE PROVIDING FOR THEELIMINATION OF THE VARIANCE BOARD FOR THE TOWN OF GYPSUM.
ORDINANCE 9, 1994 - AN ORDINANCE AMENDING TITLE 17 OF THETOWN OF GYPSUM MUNICIPAL CODE BY THE ADDITION OF CHAPTER 17.50SCHOOL SITE DEDICATION; AND SETTING FORTH DETAILS REGARDINGTHERETO.
The test of these Ordinances is available for public inspection at the office of the Town Clerk,300 First Street, Gypsum, Colorado, on Monday through Friday between the hours of 8:00a.m. and 5:00 p.m.
Sharon KeigleyTown Clerk
TOWN OF GYPSUM 5f"cMs" ^'H
PUBLIC NOTICE
This is to give notice that on August 23, 1994, the Town Council of the Town of Gypsumapproved and passed the following Ordinance:
ORDINANCE NO. 8, SERIES 1994 - AN ORDINANCE PROVIDING FOR THEELIMINATION OF THE VARIANCE BOARD FOR THE TOWN OF GYPSUM.
Sandra OlesenDeputy Town Clerk
TOWN OF GYPSUM
ORDINANCE NO. 8SERIES 1994
AN ORDINANCE PROVIDING FOR THE ELIMINATION OF THE VARIANCEBOARD FOR THE TOWN OF GYPSUM.
WHEREAS, the Charter for the Town of Gypsum provides that the Town Councilmay abolish such Boards and Commissions which are not required by Statute, or otherwiseprovided for in the Charter; and
WHEREAS, the Town Council has determined that it is in the best interest of theTown of Gypsum to dismiss the members now serving on the Variance Board; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWNOF GYPSUM, COLORADO; that the members of the Variance Board are hereby dismissed;the members of the Planning Commission shall sit as the Variance Board to determine allmatters provided for by the Gypsum Municipal Code to be determined by the Variance Board;for such matters the Planning Commission shall adjourn its meetings and reconvene as theVariance Board; and the Gypsum Municipal Code shall be so amended.
INTRODUCED, READ AND ORDERED PUBLISHED by the Town Council of theTown of Gypsum, Colorado, at the regular meeting held at the Gypsum Town Hall, on July26, 1994, with a Public Hearing to be held on August 23, 1994.
ATTEST:
Sharon Keigley, Tfov# Cle^T Michael Suriano, Mayor
FINALLY, adopted, passed and approved on August 23, 1994.
ATTEST:
Michael Suriano, MayorSandra CTLesen, Deputy Town Clerk
LLINS AND COCKRE:L, P. C.PAULR.COCKREL TELEPHONE
ATTORNEYS AT LAWJAMES P. COLLINS (3O3) 9B6- 1 55 1
390 UNION BOULEVARD. SUITE 400ROBERT G. COLE
^__ DENVER, COLORADO 80328 - 1336 WATS
PAULC. RUFIEN (8OO) 354-594 1
MEMORANDUM TELEFAX
(3O3) 986-1755
September 17, 1996
VIA FACSIMILE #(970) 524-7522AND U.S. MAIL
TO: Sandra Olesen, Deputy Town ClerkTown of Gypsum
FROM: Robert G. Cc
RE: Ordinance No. 8 (Series 1994)
In order to implement the above ordinance, Section 18.52.010of the Gypsum Municipal Code should be revised to read as follows:
18.52.010 Authority. The board of adjustment shall havethe power to grant variances from the strictrequirements, in cases of unusual hardship, which is notself-imposed, as provided in this chapter. The PlanningCommission shall sit as the board of adjustment forpurposes of this Title 18 and to determine all mattersprovided by the Gypsum Municipal Code to be determined bythe board of adjustment. For matters to be considered bythe board of adjustment, the Planning Commission shallrecess its meeting and convene as the board ofadjustment.
Please feel free to call me if you have any questions on thisor any other matter.
ORDINANCE NO._Series of 1994
AN ORDINANCE AMENDING TITLE 17 OF THE TOWN OF GYPSUM MUNICIPALCODE BY THE ADDITION OF CHAPTER 17. #> SCHOOL SITE DEDICATION;AND SETTING FORTH DETAILS REGARDING THERETO.
WHEREAS the Town Council of the Town of Gypsum is of theopinion that the subdivider of land in each major residentialsubdivision or portion of a major subdivision which is intendedfor residential use shall allocate and convey sites and landareas for schools when such are reasonably necessary to serve theproposed subdivision and future resident thereof;
NOW THEREFORE be it ordained by the Town Council of the Townof Gypsum, Colorado:
S_e_ct ion 1.
Title 17 of the Town of Gypsum Municipal Code is herebyamended by the addition of Chapter 17. School SiteDedications, to read as follows:
17.11.010 PURPOSE
It is hereby declared to be the policy of the Town thatwhenever there is a subdivision, which is subdivided forresidential use or partial residential use, the owner of the landshall provide land for school needs generated by the proposedresidential use. It is the purpose of this Chapter to requirethe dedication of land or the payment of fees in lieu thereof orboth to fulfill such needs.
Section 17. .020 School land dedication or cash in lieuthereof.
The subdivider of land in each residential subdivision orportion of the subdivision which is intended for residential use,shall allocate and convey sites in land areas for schools whensuch are reasonably necessary to serve the proposed subdivisionand future residents thereof, by the applications of the formulasset forth below.
Single family and duplex or primary secondary:Number of units x.014495 = dedication requirement in acres.
Multi-family:Number of units x.002676 = dedication requirement in acres.
When sites and land areas for schools are not reasonablynecessary to serve the proposed subdivision and future residentsthereof, the Council with recommendations from the SchoolDistrict, shall require, in lieu or such conveyance or land, thepayment in cash by the subdivider to the School District of anamount not to exceed the full market value of such sites and landareas for schools. The spending of any fees collected under thisOrdinance shall be used solely for the purpose of building newschool facilities within the Town limits of Gypsum. Any funds orfees collected under this Ordinance are to remain under thecontrol of the Town of Gypsum until such time the District isgoing to construct a new school facility.
The full market value shall mean the current market value ofunimproved land. This value shall be set annually by the Councilon a per acre basis, with recommendations from the SchoolDistrict. If the subdivider does not accept such valuation, itmay submit a report by a qualified appraiser. If one issubmitted, the Council shall review the report and determine thevalue of the land, which determination shall be final.
17 ."3Hi- 030 Application. This Chapter shall apply only toland annexed to the Town of Gypsum after June 1, 1994. The TownCouncil hereby finds and determines that adequate school siteshave been dedicated to serve all land located within the Town onthat date.
17.3jL.Town Exempted. The Town is exempted from therequirements of this chapter.
Section 2. Severability. If any part, section, sentence,clause or phrase of this Ordinance is for any reason held to beinvalid, such decision shall not affect the validity of theremaining portions of this Ordinance; and the Town Council forthe Town of Gypsum hereby declares it would have passed thisOrdinance and each part, section, sub-section, sentence, clauseor phrase thereof, irrespective of the fact that any one or moreparts, sections, sub-sections, sentences, clauses or phrases bedeclared invalid.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED,this £d?_ day of 3Wy , 1994 and a public hearing on thisOrdinance shall be held at the regular meeting of the Towng
/?3Council of the Town of Gypsum, Colorado on sj> of1994 at 7:30 p.m. in the Town Hall of the Town of Gypsum,Colorado.
Town-/ofBv: :$<.
Michael G. Suriano, MayorATTEST^,
BY:
Sandra Olesen, Deputy Town ClerkFINALLY ADOPTED, PASSED AND APPROVED ON 5? O.3 1994
By;- _ „Michael G/ Suriano, Mayor
ATTEST: 0By: A
=m=Sandra Olesen, Deputy Town Clerk
ORDINANCE NO._Series of 1994'
AN ORDINANCE AMENDING TITLE 17 OP THE TOWN OF GYPSUM MUNICIPALCODE BY THE ADDITION OF CHAPTER 17. SCHOOL SITE DEDICATION;AND SETTING FORTH DETAILS REGARDING THERETO.
WHEREAS the Town Council of the Town of Gypsum is of theopinion that the subdivider of land in each major residentialsubdivision or portion of a major subdivision which is intendedfor residential use shall allocate and convey sites and landareas for schools when such are reasonably necessary to serve theproposed subdivision and future resident thereof;
NOW THEREFORE be it ordained by the Town Council of the Townof Gypsum, Colorado:
Section 1.
Title 17 of the Town of Gypsum Municipal Code is herebyamended by the addition of Chapter 17. School SiteDedications, to read as follows:
17. .010 PURPOSE
It is hereby declared to be the policy of the Town thatwhenever there is a subdivision, which is subdivided forresidential use or partial residential use, the owner of the landshall provide land for school needs generated by the proposedresidential use. It is the purpose of this Chapter to requirethe dedication of land or the payment of fees in lieu thereof orboth to fulfill such needs.
Section 17. .020 School land dedication or cash in lieuthereof.
The subdivider of land in each residential subdivision orportion of the subdivision which is intended for residential use,shall allocate and convey sites in land areas for schools whensuch are reasonably necessary to serve the proposed subdivisionand future residents thereof, by the applications of the formulasset forth below.
Single family and duplex or primary secondary:Number of units x.014495 = dedication requirement in acres.
Multi-family:Number of units x.002676 = dedication requirement in acres.
When sites and land areas for schools are not reasonablynecessary to serve the proposed subdivision and future residentsthereof, the Council with recommendations from the SchoolDistrict, shall require, in lieu or such conveyance or land, the
payment in cash by the subdivider to the School District of anamount not to exceed the full market value of such sites and landareas for schools. The spending of any fees collected under thisOrdinance shall be by mutual agreement of the Town of Gypsum andthe School District .
The full market value shall mean the current market value ofunimproved land. This value shall be set annually by the Councilon a per acre basis, with recommendations from the SchoolDistrict. If the subdivider does not accept such valuation, itmay submit a report by a qualified appraiser. If one issubmitted, the Council shall review the report and determine thevalue of the land, which determination shall be final.
17. _ .030 Application. This Chapter shall apply only toland annexed to the Town of Gypsum after June 1, 1994. The TownCouncil hereby finds and determines that adequate school siteshave been dedicated to serve all land located within the Town onthat date.
17. _ .Town Exempted. The Town is exempted from therequirements of this chapter.
Section 2. Severability . If any part, section, sentence,clause or phrase of this Ordinance is for any reason held to beinvalid, such decision shall not affect the validity of theremaining portions of this Ordinance; and the Town Council forthe Town of Gypsum hereby declares it would have passed thisOrdinance and each part, section, sub-section, sentence, clauseor phrase thereof, irrespective of the fact that any one or moreparts, sections, sub-sections, sentences, clauses or phrases bedeclared invalid.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED,this £b day of 3iJ y _ , 1994 and a public hearing on thisOrdinance shall be held at the regular meeting of the TownCouncil of the Town of Gypsum, Colorado on £3 of1994 at 7:30 p.m. in the Town Hall of the Town of Gypsum,Colorado.
Town- of GypsjjmBy: JL
Michael G. Suriano, Mayor
^M . Kelgleyy/Towj^CTerk
FINALLY ADOPTED, PASSED AND APPROVED ON _ , 1994Town of Gypsum
By:Michael G. Suriano, Mayor
ATTEST :By: _
Sharon M. Keigley, Town Clerk
demand on sewer plant, etc. He will look at the growth pattern in relation to the sewer plant.
Tim Garten said he would get the engineers together in the next two weeks to address waterissues. He also stated that they will be submitting a draft agreement for the annexation.
Ford Frick explained the economic impact of this proposed development. His estimates werethat the Town would receive about $95,000 per year in the General Fund from Real EstateTransfer Tax.
Water issues, Golf Course and the density of the development were discussed at length aswell as access roads. Also discussed was the need for law enforcement, more schools andincreased traffic.
Mayor Suriano encouraged the citizens to contact Jeff or Tim Garten with any otherquestions.
ORDINANCE 9. 1994 - LAND DEDICATION: The Mayor read the Ordinance to theCouncil for vote on First Reading. Gary Lebo made a motion to accept this Ordinance onFirst Reading. It was seconded by Pam Schultz. After discussion, Bob Mayne made amotion to amend the motion that all funds or land collected will be used within the Town for
SOvooinev&Tacilities. It was seconded by Chris Estes. Bob Mayne made an amendment to theamendment that all cash and land remain under control of the Town of Gypsum until neededby the School District for use for schools - not housing. Pam Schultz seconded theamendment.
Mayor Suriano called for the vote on the second amendment. It was as follows:AYES: Suriano, Schultz, Carver, Estes, Lebo, B. Mayne, D. MayneNAYES: none
The motion carried with the unanimous vote.
Mayor Suriano called for the vote on the first amendment. This motion carried with theunanimous vote of all Council members.
Mayor Suriano called for the vote on the motion. The motion carried with the unanimousvote of all Council members.
ORDINANCE 8. 1994 - ELIMINATION OF VARIANCE BOARD: The Mayor read theOrdinance to the Council. Chris Estes made a motion the Ordinance be accepted on firstreading. It was seconded by Steve Carver. The Council discussed the Ordinance. TheMayor called for the vote. The motion was defeated with the unanimous vote of the Council.
Chris Estes made a motion the Ordinance be approved on first reading with the change thatthe Planning Commission will adjourn their meeting and reconvene as the VarianceCommittee. Bob Mayne seconded the mbtion. The motion carried with the unanimous voteof the Council.
TO: Members of the Town CouncilJeff Shroll, Town ManagerTown of Gypsum
FROM: Robert G. Cole and Paul C- Rufien
RE: School Impact Fees
It is our understanding that the Town Council will beconsidering the adoption of a school impact fee or dedicationrequirement which has been requested by the school district. Avery recent decision (July 1994) by the Douglas County DistrictCourt addressed the issue of school impact fees. We believe itwould be useful to consider this opinion in making a determination.
The District Court rejected Douglas County's attempt to imposea school impact fee necessitated by increased population demands onthe public school system. The Court based its opinion on thefollowing conclusions:
1.
2.
None of the broad delegations of authority set forth inzoning, land use or PUD statutes expressly or impliedlyauthorize the implementation of a school impact fee.
The Legislature intended to preempt local governmentsfrom the area of school finance, making it exclusivelywithin the province of the State.
As you know, District Court opinions do not have bindingeffect on those not party to the specific action. It does,however, provide valuable insight ag to how the courts may treatsimilar situations. The Town's powers are virtually identical tothose of a county and, like a county, does not have the expresspower to impose a school impact fee. The implied power is asubject of judicial interpretation.
We note that the District Court did, in passing, recognize theCounty's power to require dedication of sites and land areas forschools.
Members of the Town CouncilJeff Shroll, Town ManagerAugust 22, 1994Page 2
A similar case is pending regarding Boulder County'simposition of an impact fee. Until either the Douglas County orBoulder County case is decided by an appellate court, there is noabsolute law regarding the Town's ability to impose a school impactfee. The Douglas County case is receiving wide spread attention,however, and could influence other district courts. It is alsolikely that the Legislature will visit this issue during the 1995session.
This Memorandum does not discuss the "propriety" of theDouglas County decision, but is intended to make you aware of thetreatment of a school impact fee in another jurisdiction, we hopethis is helpful in your determination.
PCR:tmp
TOWN OF GYPSUM
PUBLIC NOTICE
This is to give notice that the following Ordinances were approved on First Reading and aPublic Hearing will be held on August 23, 1994, at 7:00 p.m. at the Gypsum Town Hall, 300First Street, Gypsum, Colorado.
ORDINANCE 8, 1994 - AN ORDINANCE PROVIDING FOR THEELIMINATION OF THE VARIANCE BOARD FOR THE TOWN OF GYPSUM.
ORDINANCE 9, 1994 - AN ORDINANCE AMENDING TITLE 17 OF THETOWN OF GYPSUM MUNICIPAL CODE BY THE ADDITION OF CHAPTER 17.50SCHOOL SITE DEDICATION; AND SETTING FORTH DETAILS REGARDINGTHERETO.
The test of these Ordinances is available for public inspection at the office of the Town Clerk,300 First Street, Gypsum, Colorado, on Monday through Friday between the hours of 8:00a.m. and 5:00 p.m.
Sharon KeigleyTown Clerk
TOWN OF GYPSUM
PUBLIC NOTICE
This is to give notice that the following Ordinances were approved on First Reading and aPublic Hearing will be held on August 23, 1994, at 7:00 p.m. at the Gypsum Town Hall, 300First Street, Gypsum, Colorado.
ORDINANCE 8, 1994 - AN ORDINANCE PROVIDING FOR THEELIMINATION OF THE VARIANCE BOARD FOR THE TOWN OF GYPSUM.
ORDINANCE 9, 1994 - AN ORDINANCE AMENDING TITLE 17 OF THETOWN OF GYPSUM MUNICIPAL CODE BY THE ADDITION OF CHAPTER 17.50SCHOOL SITE DEDICATION; AND SETTING FORTH DETAILS REGARDINGTHERETO.
The test of these Ordinances is available for public inspection at the office of the Town Clerk,300 First Street, Gypsum, Colorado, on Monday through Friday between the hours of 8:00a.m. and 5:00 p.m.
Sharon KeigleyTown Clerk
PAUL R.COCKREL
JAMES P. COLLINS
TIMOTHY J. BEATON
COLLINS AND COCKREL, p.c.ATTORNEYS AT LAW
390 UNION BOULEVARD. SUITE 4OO
DENVER. COLORADO 8O2Z8
TELEPHONE
(3O3) 986 -1551
ROBERT G. COLE
PAUL C. RUFIEN
MEMORANDUM
April 22, 1992
WATS
(BOOI 354-5941
TELEFAX
13031 986-1755
VIA TELEFAX524-7522AND MAIL
TO:
FROM:
RE:
Cletus Burgess, Town ManagerSharon M. Keigley, Town ClerkDavid Vroman, Planning Commission ChairmanTown of Gypsi
Robert G. Col
Combining the Board of Adjustment and Planning Commission
SUMMARY:
You have asked whether the Town's Board of Adjustment andPlanning Commission may be combined so as to provide consistency intheir treatment of various matters.
I believe that the Planning Commission members can also beappointed to the Board of Adjustment, or the Planning Commissioncould sit as the Board of Adjustment if the Municipal Code isamended.
DISCUSSION:
The Gypsum Municipal Code currently provides for a Board ofAdjustment, Zoning Enforcement Official, and Planning Commission(sometimes referred to as Planning and Zoning Commission) to carryout its subdivision and zoning powers. The Board of Adjustment isgiven the power to grant variances under the Zoning Code, specialuse permits under the Zoning Code, and hold zoning enforcementhearings. Sections 18.52,010, 18.60.010, 18.46.020 and 18.60.021,CMC.
The Planning Commission is given the authority to considersubdivision applications, requests for PUDs (as the Planning andZoning Commission), and requests for variances under theSubdivision Code. Sections 17.12.010, et seq. and 17.16.010, etseq. , 18.32.010, et seq., and 17.28.010, et seq., CMC.
The zoning enforcement official is given the authority toadminister and enforce the Zoning Code. Section 18.60.020, CMC.
COLLINS AND COCKREL, p.c.
Cletus BurgessSharon M. KeigleyDavid VromanMemorandumApril 22, 1992Page 2
State statutes require municipalities establish a PlanningCommission and provide for its size, membership, designation ofalternate membership, terms of members, removal, and filling ofvacancies, except that the same may be varied by home ruleordinance. Section 31-23-203. The Planning Commission isresponsible for adopting a Master Plan, Section 31-23-206, C.R.S.;adopting subdivision regulations, Section 31-23-214, C.R.S.; andapproval of subdivision plats, Section 31-23-215, C.R.S. ThePlanning Commission serves as the Zoning Commission, recommendingthe boundaries of zone districts and zoning regulations to themunicipal governing body. Sections 31-23-211 and 31-23-306, C.R.S.
By statute, the Board of Adjustment hears appeals from thezoning enforcement official, and may grant variances regarding theuse, construction, alteration of buildings or structures, or use ofland. The Board of Adjustment's authority to grant use variancesmay be eliminated or transferred to some other board, agency, orcommission, or the municipal governing body itself, by Ordinance.Section 31-23-307, C.R.S.
Except for the zoning enforcement official, who is appointedby the Town Council, the Gypsum Municipal Code does notspecifically provide for the method of appointing members of theBoard of Adjustment or the Planning Commission.
The Gypsum Home Rule Charter provides that, upon itsenactment, all existing boards, commissions and committees were tocontinue as established, although the Council has the power tocreate boards and commissions by ordinance setting forth the powersand duties, may abolish boards as the Council deems advisable, andmay fill vacancies on boards, commissions or committees. ArticleXI, Gypsum Home Rule Charter.
CONCLUSION:
The Town Council currently has the ability to appoint membersof the Planning Commission to the Board of Adjustment. The Townalso has the authority to amend its Municipal Code to provide thatthe Planning Commission shall sit as the Board of Adjustment in allmatters within the Board of Adjustment's jurisdiction. Amendingthe Municipal Code would more permanently resolve the issue.
RGC:dec
TOWN OF GYPSUM 8 "
PUBLIC NOTICE
This is to give notice that on August 23, 1994, the Town Council of the Town of Gypsumapproved and passed the following Ordinance:
ORDINANCE NO. 9, SERIES 1994 - AN ORDINANCE AMENDING TITLE 17 OFTHE TOWN OF GYPSUM MUNICIPAL CODE BY THE ADDITION OF CHAPTER 17.38SCHOOL SITE DEDICATION; AND SETTING FORTH DETAILS REGARDINGTHERETO.
Sandra OlesenDeputy Town Clerk
ORDINANCE NO. Series of 1994
AN ORDINANCE AMENDING TITLE 17 OF THE TOWN OF GYPSUM MUNICIPALCODE BY THE ADDITION OF CHAPTER 17. & SCHOOL SITE DEDICATION;AND SETTING FORTH DETAILS REGARDING THERETO.
WHEREAS the Town Council of the Town of Gypsum is of theopinion that the subdivider of land in each major residentialsubdivision or portion of a major subdivision which is intendedfor residential use shall allocate and convey sites and landareas for schools when such are reasonably necessary to serve theproposed subdivision and future resident thereof;
NOW THEREFORE be it ordained by the Town Council of the Townof Gypsum, Colorado:
Section 1.
Title 17 of the Town of Gypsum Municipal Code is herebyamended by the addition of Chapter 17. School SiteDedications, to read as follows:
17. .010 PURPOSE
It is hereby declared to be the policy of the Town thatwhenever there is a subdivision, which is subdivided forresidential use or partial residential use, the owner of the landshall provide land for school needs generated by the proposedresidential use. It is the purpose of this Chapter to requirethe dedication of land or the payment of fees in lieu thereof orboth to fulfill such needs.
Section 17. .020 School land dedication or cash in lieuthereof.
The subdivider of land in each residential subdivision orportion of the subdivision which is intended for residential use,shall allocate and convey sites in land areas for schools whensuch are reasonably necessary to serve the proposed subdivisionand future residents thereof, by the applications of the formulasset forth below.
Single family and duplex or primary secondary:Number of units x.014495 = dedication requirement in acres.
Multi- family:Number of units x.002676 = dedication requirement in acres.
When sites and land areas for schools are not reasonablynecessary to serve the proposed subdivision and future residentsthereof, the Council with recommendations from the SchoolDistrict, shall require, in lieu or such conveyance or land, thepayment in cash by the subdivider to the School District of anamount not to exceed the full market value of such sites and landareas for schools. The spending of any fees collected under thisOrdinance shall be used solely for the purpose of building newschool facilities within the Town limits of Gypsum. Any funds orfees collected under this Ordinance are to remain under thecontrol of the Town of Gypsum until such time the District isgoing to construct a new school facility.
The full market value shall mean the current market value ofunimproved land. This value shall be set annually by the Councilon a per acre basis, with recommendations from the SchoolDistrict. If the subdivider does not accept such valuation, itmay submit a report by a qualified appraiser. If one issubmitted, the Council shall review the report and determine thevalue of the land, which determination shall be final.
17. .030 Application. This Chapter shall apply only toland annexed to the Town of Gypsum after June 1, 1994. The TownCouncil hereby finds and determines that adequate school siteshave been dedicated to serve all land located within the Town onthat date.
17. .Town Exempted. The Town is exempted from therequirements of this chapter.
Section 2. Severability. If any part, section, sentence,clause or phrase of this Ordinance is for any reason held to beinvalid, such decision shall not affect the validity of theremaining portions of this Ordinance; and the Town Council forthe Town of Gypsum hereby declares it would have passed thisOrdinance and each part, section, sub-section, sentence, clauseor phrase thereof, irrespective of the fact that any one or moreparts, sections, sub-sections, sentences, clauses or phrases bedeclared invalid.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED,this ^L day of 3Wy 1994 and a public hearing on thisOrdinance shall be held at the regular meeting of the TownCouncil of the Town of Gypsum, Colorado on 2} of1994 at 7:30 p.m. in the Town Hall of the Town of Gypsum,Colorado .
TowiWofBy:
Michael G. Suriano, MayorATTEST-:
BY :
Sandra Olesen, Deputy Town ClerkFINALLY ADOPTED, PASSED AND APPROVED ON - 1994
Michael G. Suriano, MayorATTEST: V) ABy: X\ cyv\^J6C<^
TitleAuthority.Purpose.Scope and Enforcement.Land For Public Purposes.Fees And Charges.Planning Commission, Members And Meeting And PublicHearing Procedures.
17.04.010 Title. These regulations shall be known and referred toas the "Town of Gypsum Subdivision Regulations". They shall apply toany proposed subdivision of land. (Ord. 9 series 1993 S2)
17.04.020 Authority. These Subdivision Regulations have beenenacted pursuant to and in accordance with Title 31, Article 23, Section101 et seq., of the Colorado Revised Statutes, 1973, (Ord. 9 series 1993S2)
17.04.030 Purpose. These regulations are for the purpose ofprotecting the health, safety, and general welfare of present and futureinhabitants of the Town of Gypsum, Colorado by:
1. Ensuring that proposed subdivisions adequately mitigatepotential hazard to health, safety, and property.
2. Recognizing the rights of both the subdivider and the residentsof the community and ensuring that any proposed subdivision does notcreate an excessive burden of Town of Gypsum taxpayers as a whole.
3. Encouraging good subdivision design in relation to topographyand other natural features of the land, to existing streets and toexpected improvements both on and adjacent to the proposed subdivision,and to the Master Plan, as the same may be adopted and amended from timeto time.
66
17.36.040--17.36.080
at the option of the Town, be combined with the notice given for otherpublic hearings regarding the final plat and/or zoning of thesubdivision. (Ord. 9 series 1993 52)
17.36.040 Approval-Effective Date-AmendmentsA Site Specific Development Plan shall be deemed approved upon the
effective date of approval by the Town Council of the Final Plat. Inthe event amendments to the Site Specific Development Plan are proposedand approved, the effective date of such amendments, for purposes ofduration of a vested property right, shall be the date of the approvalof the original Site Specific Development Plan, unless the Town Councilspecifically finds to the contrary and incorporates such finding in itsapproval of the amendment. (Ord. 9 series 1993 S2)
17.36.050 Notice of ApprovalEach map, plat, or site plan or other document constituting a Site
Specific Development Plan shall contain the following language:"Approval of this Plan may create a vested property right pursuant toArticle 68 of Title 24, C.R.S., as amended. "Failure to contain thisstatement shall invalidate the creation of the vested property right.In addition, a notice describing generally the type and intensity of theuse approved, the specific parcel or parcels of property effected andstating that a vested property right has been created shall be publishedonce, not more than fourteen (14) days after approval of the SiteSpecific Development Plan, in a newspaper of general circulation in theTown. (Ord. 9 series 1993 S2)
17.36.060 Payment of CostsIn addition to any and all other fees and charges imposed by this
regulation, the applicant for approval of a Site Specific DevelopmentPlan shall pay all costs occasioned by the Town as a result of the SiteSpecific Development Plan review including publication of notices,hearings, and review by consultants. At the option of the Town, thesecosts may be imposed as a flat fee of $100.00 (Ord. 9 series 1993 S2)
17.36.070 Other Provisions UnaffectedApproval of a Site Specific Development Plan shall not constitute
an exemption from or waiver of any other provisions of this regulationpertaining to the development and use of the property. (Ord. 9 series1993 S2)
17.36.080 LimitationsNothing in this section is intended to create any vested property
right, but is only intended to implement the provision of Article 68 ofTitle 24, C.R.S., as amended. In the event of the repeal of saidArticle or a judicial determination that said Article is invalid orunconstitutional, this section shall be deemed to be repealed and theprovisions hereof no longer effective. (Ord. 9 series 1993 S2)
88-9
17.38.010--17.38.020
Chapter 17.38
SCHOOL SITE DEDICATION
Sections:17.38.010 Purpose.17.38.020 School land dedication or cash in lieu thereof.17.38.030 Application.17.38.040 Town Exempted.
17.38.010 Purpose.It is hereby declared to be the policy of the Town that whenever
there is a subdivision, which is subdivided for residential use orpartial residential use, the owner of the land shall provide land forschool needs generated by the proposed residential use. It is thepurpose of this Chapter to require the dedication of land or the paymentof fees in lieu thereof or both to fulfill such needs. (Ord. 9 series19.94 SI)
17.38.020 School land dedication or cash in lieu thereof.The subdivider of land in each residential subdivision or portion
of the subdivision which is intended for residential use, shall allocateand convey sites in land areas for schools when such are reasonablynecessary to serve the proposed subdivision and future residentsthereof, by the applications of the formulas set forth below:
Single family and duplex or primary secondary:Number of units x .014495 = dedication requirement in acres.
Multi-family:Number of units x .002676 = dedication requirement in acres.
When sites and land areas for schools are not reasonably necessaryto serve the proposed subdivision and future residents thereof, theCouncil with recommendations from the School District, shall require, inlieu or such conveyance or land, the payment in cash by the subdividerto the School District of an amount not to exceed the full market valueof such sites and land areas for schools. The spending of any feescollected under this Ordinance shall be used solely for the purpose ofbuilding new school facilities within the Town limits of Gypsum. Anyfunds or fees collected under this Ordinance are to remain under thecontrol of the Town of Gypsum until such time the District is going toconstruct a new school facility.
The full market value shall mean the current market value ofunimproved land. This value shall be set annually by the Council on aper acre basis, with recommendations from the School District. If thesubdivider does not accept such valuation, it may submit a report by aqualified appraiser. If one is submitted, the Council shall review thereport and determine the value of the land, which determination shall befinal. (Ord. 9 series 1994 SI)
88-10
17.38.030--17.40.020
17.38.030 Application.This Chapter shall apply only to land annexed to the Town of Gypsum
after June 1, 1994. The Town Council hereby finds and determines thatadequate school sites have been dedicated to serve all land locatedwithin the Town on that date. (Ord. 9 series 1994 SI)
17.38.040 Town Exempted.The Town is exempted from the requirements of this Chapter. (Ord.
17.40.010 InterpretationIn the interpretation and application of the provisions of these
regulation the following criteria shall govern:1. Whenever both a provision of these regulations and any
provision in another law, resolution, regulation, rule, or ordinancecontains restrictions covering the same subject matter, the morerestrictive or higher standard shall be enforced.
2. Rules of Construction--The particular controls the general.The word "shall" is always mandatory. The word "may" is permissive.Words used in the present tense include the future, and words used inthe plural include the singular, unless the context clearly indicatesotherwise.
3. These regulations shall not abrogate or annul any plat,easement, covenant, or agreement of record prior to the effective dateof acceptance by the Town Planning Commission and/or the Town Council.
4. Nothing in these regulations is meant to give the PlanningCommission veto power of any kind over the Town Council. The subdividermay submit a Preliminary or Final Plat that has been rejected by thePlanning Commission to the Town Council for a final decision. (Ord. 9series 1993 S2)
17.40.020 Severabilitv.It is hereby declared to be the legislative intent that the
provisions of these regulations shall be severable as set forth below:1. If any provision of these regulations is declared invalid by
any court decision of competent jurisdiction, the effect of suchdecision shall be limited to that provision or provisions which areexpressly stated in said decision to be invalid. Such decision shallnot affect, impair, or nullify these regulations as a whole and theunaffected regulations shall continue in full force and effect.
2. If the application of any provision of these regulations to anytract of land is declared to be invalid by a decision of any court ofcompetent jurisdiction, it is hereby declared that the effect of suchdecision shall be limited to only the tract of land immediately involvedin such proceeding in which the judgement or decree of invalidity wasrendered, and such decision shall not otherwise impact these regulationsas a whole or the application thereof to any other tract of land. (Ord.9 series 1993 S2)
88-10.1
Town of Gypsum, Colorado
Ordinance No. ^/&^(Series 1994
CREATING THE RED HILL SUBDIVISION SPECIAL IMPROVEMENTDISTRICT NO. 1994-1 AND AUTHORIZING THE CONSTRUCTION OFSPECIAL IMPROVEMENTS
WHEREAS, the Town Council of the Town of Gypsum, Colorado hasdetermined it necessary and convenient to construct certain specialimprovements, including curb, gutter, and street pavingimprovements along a section of Red Hill Subdivision within theTown of Gypsum; and
WHEREAS, the Town Council is authorized to create specialimprovement districts and construct such improvements by ordinance;
BE IT ORDAINED by the Town Council of the Town of Gypsum:
SECTION 1. A Special Improvement District within the Townof Gypsum, known as the Red Hill Subdivision Special ImprovementDistrict No. 1994-1, is hereby created.
SECTION 2. The construction of certain curb, gutter, andstreet paving improvements within Red Hill Subdivision is herebyauthorized as follows:
The improvements will be constructed within the RedHill Subdivision in the Town of Gypsum as depicted onExhibit A attached hereto, consisting of a distance ofapproximately /flSUf] feet, along the following streetsand roads:
Hill5-hrah
v "Dr f
Lani<ao-/- Lant
a. Regrading of locations for construction of curb,gutter, and street paving improvement;
Curb construction, approximately wide andin depth of material;
Gutter construction, approximately wide andin de$th of material;
d. Street paving construction, approximately J? 6 'wide and / '* in depth of k tiaU-Jnw»\e.l material;
SECTION 3. The property to be specifically benefitted, andthe area to be included within the District and assessed with thecost of the improvements, shall be those lots and tracts of landdescribed on Exhibit B attached hereto and made a part hereof bythis reference.
SECTION 4. The assessment for said improvements may bepaid in Ttoorfv (_s Q.) equal annual installments with interestpayable annually.
SECTION 5. The assessment will be due and payable withoutdemand within thirty (30) days from and after the final publicationof a Resolution assessing the whole cost of said improvementsagainst the real property in the District. In the event any ownerof real property shall fail to pay the whole of such assessmentagainst his property within thirty (30) days, then the whole costof the improvements so assessed against his property shall bepayable in not more than -fu>ey»fy ( AO) equal annual installments ofprincipal, as aforesaid.The first of such installments ofassessments shall be due and payable at such time as may bedetermined in and by the Assessing Ordinance, and the remainder ofsaid installments shall be due and payable successively on the sameday in each year thereafter until all are paid in full.
SECTION 6. The rate of interest to be paid on unpaid anddeferred installments shall be later determined by the Town Counciland set forth in the Assessing Resolution, but shall not exceedtwelve percent (12%).
SECTION 7. As shown by the estimates of the Engineer, theprobable total cost of the improvements is approximately
improvements, together with interest and costs of issuance ofassessment bonds to be issued to fund the improvements, shall beassessed against all lots or tracts of land within the District onthe basis of front footage, which amount is estimated to betnyfy-ffi/f, atd^Zfaa Dollars ($</£-.\3 ) per front foot,excluding financing charges.
The Town of Gypsum will not pay any part of the cost of theimprovements.
All estimates exclude up to fifteen percent (15%) for costs ofinspection, collection, and incidentals.
Property owners are specifically referred to the schedule ofestimated proposed assessments on file in the office of the TownClerk from which the approximate amount to be assessed against anyparticular lot or parcel of property may be determined.
Upon completion of said improvements, or as soon as the totalcosts thereof is definitely ascertained, such cost shal'l beapportioned to the property in the District. Notice of such
apportionment shall be given and a hearing will be held prior tothe adoption of an Ordinance assessing such cost, all as providedby law.
SECTION 8 - PUBLIC HEARING: A public hearing on thisOrdinance shall be held on the /3~ day of Sgig-L , 1994 at7:00pm at the Town Council Chambers, Gypsum TownHall, Gypsum,Colorado.
SECTION 9 - EFFECTIVE DATE: This Ordinance shall becomeeffective as a permanent ordinance five days after publicationfollowing final passage.
SECTION 10 - SEVERABILITY: If any portion of this Ordinanceis found to be void or ineffective, it shall be deemed severed fromthis Ordinance and the remaining provisions shall remain valid andin full force and effect.
INTRODUCED, READ, AND ORDERED PUBLISHED BY THE TOWN COUNCIL OFTHE TOWN OF GYPSUM, COLORADO, UPON A MOTION DULY MADE, SECONDED ANDPASSED AT ITS REGULAR MEETING HELD AT THE TOWN OF GYPSUM, ON THE? DAY OF &U4UQJ- 1994, BY A VOTE OF «3 IN FAVOR
AND / ' AGAINSTj3.
TOWN OF GYPSUM
Michael Suriano, Mayor
ATTEST:
aron M. Keigley
Published in the Eagle Valley Enterprise newspaper.Published on: _, 1994.
FINALLY ADOPTED, PASSED AND APPROVED ON , 1994
TOWN OF GYPSUM
f By:Michael Suriano, Mayor
ATTEST:
By:.Sharon M. Keigley, Town Clerk
Published after final passage in the Eagle Valley Enterprisenewspaper.Published on: , 1994.
TOWN OF GYPSUM
PUBLIC NOTICE
This is to give notice that the following Ordinance was approved on First Reading and aPublic Hearing will be held on September 13, 1994, at 7:00 p.m. at the Gypsum Town Hall,300 First Street, Gypsum, Colorado.
ORDINANCE 10, 1994 - AN ORDINANCE CREATING THE RED HILLSUBDIVISION SPECIAL IMPROVEMENT DISTRICT NO. 1994-1 ANDAUTHORIZING THE CONSTRUCTION OF SPECIAL IMPROVEMENTS.
The text of this Ordinance is available for public inspection at the office of the Town Clerk,300 First Street, Gypsum, Colorado, on Monday through Friday between the hours of 8:00a.m. and 5:00 p.m.
Sandra OlesenDeputy Town Clerk
DATE: September 8, 1994
TO: Town Council only, confidential
FROM: Jeff Shroll, Manager ._,/
RE: Red Hill Road Improvements
Dear Council:
Last night I was asked to attend a meeting that the home ownersin Red Hill Subdivision called to discuss options on how to setup their bond for the project. However, by the time I hadarrived (I was attending a Planning Commission Meeting), theconsensus among the 30 - 40 people attending was that they do notwish to set up a Special Improvement District.
What this means is that there is no need to pass the Resolutiontonight, and the Town Council should not pass the second Readingof the Ordinance next Tuesday night.
The discussion from the citizens at that point was directedtowards the Town paying for any and all improvements to be doneon Red Hill. I did discuss the Town's financial capacity in thatthe Town cannot afford to finance that large of a project withsome other means. I did discuss a few options with them.
The first had to with gaining support for DE-BRUCING in order tokeep excess revenues in which part could be used for financingroad improvements. Second, the Town could raise its Sales Taxthe last % point to 7% and use the 1% extra for road improvementsin the next ten years. Along with that the Town shouldinvestigate enacting a Use Tax for outside construction materialbrought into Town. That money could be earmarked for roadimprovements. Bob Cole is especially supportive of a Use Tax inlight of all the building that may happen in the next 5-10 years.
Third, the people last night wanted the Town to float a bond forpaving their road. We could do that, however, the entire Townwould be allowed to vote on it, and there's no way it would pass.
Finally, the Town could look at paving just small sections of thesubdivision on a year by year basis until the entire subdivisionis completed. And every year what ever does not get paved, theTown could put down Mag Chloride each spring for dust andwashboard control.
The problems are as follows:
-Several other non Red Hill residents do not want Town Taxdollars to go to Red Hill because those people knew it was a dirtroad when they bought, AND they paid less money for their lotsthan those who live on paved roads.
-The Town has not had nor has enough manpower and equipment toproperly maintain a dirt road. It desperately needs compactedagain to hold any new gravel that could be placed on the roadanyway. Plus Don graded the road last week, and two days laterthe rust were back twice as large as before.
-The residents want more stop signs and slower speed limit signs.Current State Statute requirements for residential call for 30mph. It is already at 25 mph, and they want it to go at least to20 mph. The speed limit signs never slow anyone down, and if itwere 20 mph, it may create a problem getting up the hill underwinter conditions.
-Whether the road is paved or not, there is still the issue ofthose residents who did not put in drainage culverts to divertdrainage away from the Roads. The utility companies have zing-zagged their lines all over the road as well making locates androad cut permits a very difficult issue.
-I will also mention that the Town Maintenance men will berequired to work logs so that I can keep track of what work isdone at what time. This is in response to accusations that theTown has not graded the roads more than two times in the lastthree years, and hasn't snow plowed in the past two. I know thisis not the case, but I was not here then, and cannot passjudgement accordingly.
The homeowners will be attending tonight and next Tuesday nightto demand some action. Perhaps something can be worked out withthe options I have previously mentioned, HOWEVER, the TownCouncil does not and should not have to put up withunprofessional complaints and accusations of road maintenance andimprovements. There were a couple of people last night extremelyrude and unprofessional in their character. In order forconstructive discussion and action to be taken, the discussionshould be maintained at a professional level at ALL times andthose who cannot abide by that should be asked to leave.
It is my understanding this problem has gone on and on forseveral years now. My recommendation is that we look at what theTown can do in terms of road improvements or an increase inmaintenance, and then communicate that to the Red Hillsubdivision. Please let me know if you have any othersuggestions or questions on this issue.
DATE: August 15, 1994
TO: Town Council Members
FROM: Jeff Shroll
RE: Upper Bertroch Road Improvements
Dear Council Members,
After looking into the overall condition of the roads in UpperBertroch Subdivision with Don Eaton and Rick Huffman representingthe home owners, I have a few recommendations. First, I wouldlike for the Council to reconsider its request that the roadsmeet Town specifications, but only in terms of the width of theRoad. After measuring the existing width of the roads, the mainroads are only 30 ft. wide in most areas. Our regulations callfor a minimum of 32 ft. If the Town makes this requirement, itwill only increase the cost of the project regardless of pavingor chip-n-seal. In some places it will also make it verydifficult to achieve this width.
In terms of vehicle trips per day, although there are 72 lotswhich would justify over 400 trips per day, not all of the roadsare subjected to that kind of density. I believe the Town shouldencourage the most cost effective way for this project to becompleted. The main reason is, the Town is not paying for it,the home owners have offered to foot the bill, and second, anyimprovements would dramatically decrease the amount of calls,complaints, and Town time for maintenance of what has come to bea very difficult road to maintain as a dirt road.
Don and myself measured the width of the roads and determined howmany lots are on each road to come up with the followingrecommendations:
-Sunset Lane, Knob Lane, and Cedar Drive from the intersection ofCedar Drive and Strohm Circle should qualify for Chip and Sealand not require heavy maintenance. Traffic volume is low, andthe amount of lots are substantially less than other areas. Thecurrent width of the Knob and Sunset Lanes are 24 feet wide.This width is probably be all that is needed for Chip and seal.There are also only a handful of lots on these streets.
Cedar Drive west of Strohm Circle is 30 feet wide and services afew more lots than the other two cul-de-sacs. However, thetraffic is still relatively low volume and chip and seal wouldsuffice here without heavy maintenance.
The rest of the subdivision, I would suggest 3" asphalt becauseof volume and location of the roads. The remaining roads includeRed Hill Drive-30 ft., Cedar Drive-30 ft., Strohm Circle-30 ft.,Beacon Road to Red Hill Drive-30 ft., and Beacon Road between Red
Hill Drive and Cedar Drive-24 to 26 ft. wide.
The section of Beacon Road between Red Hill Drive and Cedar Drivenarrows dramatically. If the Town were to require a 30 ft. roadhere, the cutting costs into the hill would substantiallyincrease the cost. There are also no lots on the south side ofBeacon Road where the road narrows. Beacon Road only accesses 3lots on south side. However, the location in terms of drainageand erosion would warrant an asphalt road here. All roadsregardless of width should maintain 2' shoulders.
From the time in which I have completed this memo, I received aphone call from Rick Huffman representing the Home Owners. Theyreceived two bids for asphalt. The first was for a 24' wide with2' shoulders at $319,000, and the second was for a 22' wide with2' shoulders at $295,000. These prices include everything butengineering and design, and bond issuance fees.
I went ahead and scheduled this discussion before the TownCouncil on the 23 of this month before the Public Hearing nextmonth. I think it is important to discuss final width decisionswith Don Eaton and Jerry Gamba. I hesitate to encourage anythingnarrower than what I have previously recommended, yet, on theother hand I believe it would be much nicer for all involved,including the Town if the roads were paved, even if it is 24'wide. That decision will be yours, and up to Rick and hisassociates to sell to the Town. He did say that these priceswere guaranteed through the Spring of next year. It will alsoprobably be cheaper to pave everything rather than paving someand chip and sealing others. Two sets of machinery would berequired which may or may not increase the overall costs.
Finally, whatever decision the Council makes, it should be madeclear to ALL the land owners that all necessary drain culvertsmust be installed in driveways prior to road construction. Thiswas to be completed anyway, yet there are several driveways thatdo not have the necessary culverts.
Attached to this memo, is a copy of the roads in the subdivisionfor your reviewal and information.
LEGAL NAME ft ADDRESS
BERTROCK SUB FILING 2:
SINCLAIR, EDNA MARIE ft LEONARD A.P.O. BOX-36& »<*\GYSPUM, CO 81637
TRIELOFF, THOMAS K.P.O. BOX1+M —AVON, 00 •61620 i
PARCEL # SCHEDULE #1992 TAX
2111-064-05-006 21568 978.03
2111-064-05-005 21571 946.17
BERTROCH, PURLEY ft BETTYBOX 204GYPSUM, CO 81637
SCHULTZ, JAMES E.BOX 183EAGLE, CO 81631
JACKSON, JAMES L. ft JANET S. -WILLIAMS, HAZEL LAURENEBOX 452EAGLE, CO 81631
2111-053-14-004 2157S 1,359.80
2111-064-05-004 23852 1171.47
2111-053-14-006 21577 1,135.23
SANDSTEAD, DOUGLAS A. t DARLYNNE A.2111-053-14-007 21578 1,219.98P.O. BOX 443GYPSUM, CO 81637
BISANT, JOSEPH R. ft CHERYL A.BOX 342 COTTONUOOD PASS ROADGYPSUM, CO 81637
PIATT, JAMES H. ft JIMMIE GUINDEEP.O. BOX 416GYPSUM, CO 816370416
REPASKY, ANDREW L. ft DIANA L.BOX 610GYPSUM, CO 81637
P.O. BOX 739GYPSUM, CO 81637
DAVIS, JACK L. ft TERRY D.PO BOX 155GYPSUM, CO 81637
HINDMAN, MICHAEL E. & CAROL A.PO BOX 316GYPSUM, CO 81637
BERGSTRESER, BRIAN L. ft PAMELA M.PO BOX 581GYPSUM, CO 61637
2111-053-14-008 21579 1,063.51
2111-053-14-009 21581 780.98
2111-053-13-027 21T11 943.97
2111-053-13-026 21712 1,128.73
2111-053-14-001 21583 272.39
2111-053-14-002 21584 277.84
2111-053-14-003 21587 761.41
GYPSUM, CO 81637
SANCHEZ, ERNESTO & ISABEL770 S. DALE CT. vDENVER, CO 80219 ^
TIELENBURG, CORNELIA G.B.P.O. BOX 1592VAIL, co 81658
2111-064-07-008 24099 272.39
2111-064-07-009 24101 306.45JP-e.
BBHTRQCH, PURLBEr 6ARY P. t KEMNCTIIB1 11-066 0.7 012 - 34442 - 272.39
81637GYI
BAH* H^ a nENNhinziii-u&4-p/-OQ7 24103 272.39
BERTROCH, PURLEY, GARY P. & KENNETH21 11 -064-07-008 24104 272.39BOX 204GYPSUM, CO 81637
2111-064-05-009 24105 854.14WRIGHT, GARY S. ft LYNN D.BOX 688AVON, CO 81620
BERTROCH, PURLEY, GARY P. ft KENNETH2111-064-07-010 24106 272.39BOX 204
2111-064-05-011 24107 1,064.96
GY
BERTROCH, PURLEY, GARY P. I KENNETH2111-064-07-012 24108 272.39
BOX 204 n/»-3, r^ <i«GYPSUM, CO 81637 —*-**& ^ t^-ja_««
PARNENTER, JAMES & HARCIAP.O. BOX 214GYPSUM, CO 81637
2111-064-05-013 24109 1,333.72
BERTROCH, PURLEY, GARY P. & KENNETH2111-064-07-014 24111 272.39
BOX 204GYPSUM, CO 81637
TH211 1-064-07-015 24112 272.39
BERTRi FIL 6:
ANDERSON. DEAN & RUTHPO BOX 533GYPSUM, CO 81637
2111-064-05-025 24114 1,395.30
BERTROCH, PURLEY, GARY P. & KENNETH2111-064-05-026 24115 272.39BOX 204GYPSUM, CO 81637
HAYNES, CHRIS -ZOGG, DIANN & JANPO BOX 1134GYPSUM, CO 816371134
2111-064-05-027 24116 272.39
2111-064-05-028 .24117 272.39
DAVIS, JACK L. t TERRY D.PO BOX 155GYPSUM, CO 81637
2111-064-07-015 21588 964.98
*~ 2111-064-07-014 21589 276.48P.O. BOX 1730BASALT, CO 81621
KAY, JANICE A.919 BENNETT AVEGLENUOOD SPRINGS, CO 81601
2111-064-07-013 21591 272.39
BERTROCH SUB FIL 5:
BERTROCH, PURLEY, GARY P. ft KENNETH2111-064-05-016 24084 272.39BOX 204GYPSUM, CO 81637
BELTZ, JOHN U. ft UILLA J.2401 21ST STREET NORTHTEXAS CITY, TX 77590
BERTROCH AND SONSPO BOX 204 j?GYPSUM, CO 81637
BOSSOW, REX ft RITABOX 468GYPSUM, CO 81637
2111-064-05-017 24085 272.39
2111-064-05-018 24086 272.39
2111-064-05-019 24087 1,347.50
BERTROCH, PURLEY, GARY P. ft KEHNETH211 1BOX 204GYPSUM, CO 81637
064-05-020 24088 272.39
-eAliY THi111 .39
BERTROCH, PURLEY, GARY P. & KENNETH2111-064;05-022 24092 272.39
GYPSUM, CO 81637 t_trc-x-P
BERTROCH, PURLEY, GARY P. ft KENNETH2111-064-05-023 24093 272.39
GYPSUM, CO 81637
LAURENCE, JAMES U. -, ,, 2111-064-05-024 24094 993.98BOX 528GYPSUM, CO 81637
BOX 204, CO 81637
1EOCH
24095 272.39
-&JCENNETH2111-064-07-011 24096 272.39BOX 204GYPSUM, CO 81637
REICHARDT, CLAY E. .1344 KENNEDY AVEGRAND JUNCTION, CO 81501
MOCH, GREGORY LOUIS & KATHRYN J. 2111-064-07-006PO BOX 264 5 , / -S/,,,/7 v^GYPSUM, CO 81637 ^ C Ol ^ L
BHttReeHr ORLTY, GARY p.TTEirneTiiaiii ot 4 07 007BOX 204
2111-064-07-005 24317 204.30
24316 1,439.49
24094, 272.39
EY, GARY P. & KENNETH2111-064-06-002 24138 277.84
637
24 1 SOLAWETZ, TOM J. & RHONDA L. 2111-064-06-003 24139 1,169.29PO BOX 55GYPSUM, CO 81637
WORTHINGTON, JAMES R. & IVA R. 2111-064-06-004 24141 964.25P.O. BOX ~"
OSBURN, THEODORA HACK & JACK E. 2111-064-06-005 24142 923.68P.O. BOX 265GYPSUM, CO 81637
HUFFMAN, JOHN F. & LISA T.BOX 116GYPSUM, CO 81637
2111-064-07-004 24143 854.14
5A LOTTOSH Nfftt/SUBTRAVERS, RICHARD D. & DEBORAH FERRI2111-064-05-032 25708 1,157.70
PO BOX 602VAIL, CO 81658
;Wgft'*:. ^2111-064-05-031 25709 136.19
KROEHLER, KEVEN P. & TERESA A. 2111-071-01-003PO BOX 646 -3 j c".,-U<sUK AGYPSUM, CO 81637 ' ° ^
LOT 6BRESUB OF LOT 6
LOT 10
7
LL MAC II & PATRICIA E.2111-071-01-004PASS -o. v- ci cH-r^A?< o ^ S^T-IO^K
2111-071-01-002
2111-071-01-001
JJQQRE0971GYpSflM, CO
GIBBONS, AUSTIN M. & ANNIE E.PO BOX 782GYPSUM, CO 81637
SCHEETS, DAUNA J. & STEPHEN C.38815 BARRINGTON ST ^-y „ ._PALMDALE, CA 93551 ^ *~ <.
24318 1,150.44
2431? 219.51
24121 1,505.44
24122 1,234.48
2111-082-01-001 24123 445.54BOX 343GYPSUM, CO 81637
BERTROCH, PURLEY, GARY P. & KENNETH2111-053-13-018 24124 272.39BOX 204 50, c- , c- , ,GYPSUM, CO 81637 O / ' oU/^S-t-^ A^A/e
24125, 272.39
24126 1,409.79
PURLEY, GARY P. & KENNETH2111-053-13-019
s uKIRCHNER, JOHN P. & LORI D.P.O. BOX 261GYPSUM, CO 81637
2111-053-13-020
S
LOT 14
LOT 15
LOT 18
LOT 19
BERTROCH AND SONS 2111-064-07-001 24128 272.39PO BOX 204 S7j,y.GYPSUM, CO 81637 »^
BERTROCH, PURLEY, GARY P. & KENNETH2111-064-07-002 24129 272.39BOX 204 --,GYPSUM, CO 81637 ^> •?" '
SHEAFFER, JAMES G. & KAREN L. 2111-053-13-021 24131 1,214.92PO BOX 1175EAGLE, CO 81631
PACHECO, HERBERT L. & ESTHER D. 2111-053-PO BOX 1145EAGLE, CO 81631
13-022 24132 272.39
BERTROCH, PURLEY, GARY P. & KENNETH2111-053-13-023 24133 272.39BOX 204 -j -^GYPSUM, CO 81637 ' "2>
BERTROCH, PURLEY, GARY P. & KENNETH2111-053-13-024 24134 272.39BOX 204 *•GYPSUM, CO 81637 '
EDDINGS, BENNY J. & PATRICIA E. 2111-053-13-025 24135 272.39PO BOX 183GYPSUM, CO 81637 //O
ROGSTAD, ANDREW C. & PEGGY L. 2111-064PO BOX 352 ;p"VAIL, CO 81658
07-003- 24136 1,629.31
7 GARY P.
e..r~
LEGAL
BERTROCK SUB FILING
LOT 1
LOT 2
LOT 3
LOT 4
LOT 5BSCHULTZ SUB
LOT 6
LOT 7
LOT 8
LOT 9
LOT 10ARESUB OF LOT 10
LOT 10BRESUB OF LOT 10
LOT 11
LOT 12
LOT 13
NAME & ADDRESS
2:
SINCLAIR, EDNA MARIE & LEONARD A.P.O. BOX 368GYSPUM, CO 81637
TRIELOFF, THOMAS K.P.O. BOX 1441AVON, CO 81620
JOHN D. SEIPEL CONSTRUCTION CO.P.O. BOX 524EAGLE, CO 81631
BERTROCH, PURLEY & BETTYBOX 204GYPSUM, CO 81637
SCHULTZ, JAMES E.BOX 183EAGLE, CO 81631
JACKSON, JAMES L. & JANET S. -WILLIAMS, HAZEL LAURENEBOX 452EAGLE, CO 81631
SANDSTEAD, DOUGLAS A. & DARLYNNEP.O. BOX 443GYPSUM, CO 81637
BISANT, JOSEPH R. & CHERYL A.BOX 342 COTTONWOOD PASS ROADGYPSUM, CO 81637
PIATT, JAMES H. & JIMMIE GUINDEEP.O. BOX 416GYPSUM, CO 816370416
REPASKY, ANDREW L. & DIANA L.BOX 610GYPSUM, CO 81637
FORAL, THOMAS L. & ROBYN G.P.O. BOX 739GYPSUM, CO 81637
DAVIS, JACK L. & TERRY D.PO BOX 155GYPSUM, CO 81637
HINDMAN, MICHAEL E. & CAROL A.PO BOX 316GYPSUM, CO 81637
BERGSTRESER, BRIAN L. & PAMELA M.PO BOX 581GYPSUM, CO 81637
PARCEL # SCHEDULE #1992 TAX
2111-064-05-006 21568 978.03
2111-064-05-005 21571 946.17
2111-053-14-005 21572 456.41
2111-053-14-004 21573 1,359.80
2111-064-05-004 23852 1171.47
2111-053-14-006 21577 1,135.23
A.2111-053-14-007 21578 1,219.98
2111-053-14-008 21579 1,063.51
2111-053-14-009 21581 780.98
2111-053-13-027 21711 943.97
2111-053-13-026 21712 1,128.73
2111-053-14-001 21583 272.39
/
2111-053-14-002 21584 277.84
2111-053-14-003 21587 761.41
LOT 14
LOT 15
LOT 16
DAVIS, JACK L. & TERRY D.PO BOX 155GYPSUM, CO 81637
UIX, JOHNP.O. BOX 1730BASALT, CO 81621
KAY, JANICE A.919 BENNETT AVEGLENWOOD SPRINGS, CO 81601
2111-064-07-015 21588 964.98
2111-064-07-014 21589 276.48
2111-064-07-013 21591 272.39
BERTROCH SUB FIL 5:
LOT 1 BERTROCH, PURLEY, GARY P. & KENNETH2111-064-05-016 24084 272.39BOX 204GYPSUM, CO 81637
LOT 2
LOT 3
LOT 4
LOT 5
LOT 6
LOT 7
LOT B
LOT 9
LOT 10
LOT 11
LOT 12ARESUB OF LOT 12
LOT 12BRESUB OF LOT 12
LOT 13
BELTZ, JOHN W. & WILLA J.2401 21ST STREET NORTHTEXAS CITY, TX 77590
BERTROCH AND SONSPO BOX 204GYPSUM, CO 81637
BOSSOU, REX & RITABOX 468GYPSUM, CO 81637
2111-064-05-017 24085 272.39
2111-064-05-018 24086 272.39
2111-064-05-019 24087 1,347.50
BERTROCH, PURLEY, GARY P. & KENNETHZ111-064-05-020 24088 272.39BOX 204GYPSUM, CO 81637
BERTROCH, PURLEY, GARY P. & KENNETH2111-064-05-021 24089 272.39BOX 204GYPSUM, CO 81637
BERTROCH, PURLEY, GARY P. & KENNETH2111-064-05-022 24092 272.39BOX 204GYPSUM, CO 81637
BERTROCH, PURLEY, GARY P. & KENNETH2111-064-05-023 24093 272.39BOX 204GYPSUM, CO 81637
LAWRENCE, JAMES U.BOX 528GYPSUM, CO 81637
2111-064-05-024 24094 993.98
BERTROCH, PURLEY, GARY P. & KENNETH2111-064-07-010 24095 272.39BOX 204GYPSUM, CO 81637
BERTROCH, PURLEY, GARY P. £ KENNETH2111-064-07-011 24096 272.39BOX 204GYPSUM, CO 81637
REICHARDT, CLAY E.1344 KENNEDY AVEGRAND JUNCTION, CO 81501
2111-064-07-005 24317 204.30
MOCH, GREGORY LOUIS & KATHRYN J. 2111-064-07-006 24316 1,439.49PO BOX 264GYPSUM, CO 81637
BERTROCH, PURLEY, GARY P. & KENNETH2111-064-07-007 24098 272.39BOX 204
^ 63GYPSUM, CO 81637
LOT 14 SANCHEZ, ERNESTO & ISABEL 2111-064-07-008 24099 272.39770 S. DALE CT.DENVER, CO 80219
LOT 15 TIELENBURG, CORNELIA G.B. 2111-064-07-009 24101 306.45P.O. BOX 1592VAIL, CO 81658
LOT 16 BERTROCH, PURLEY, GARY P. & KENNETH2111-064-07-012 2410Z 272.39BOX Z04GYPSUM, CO 81637
LOT 17 BERTROCH, PURLEY, GARY P. & KENNETHZ111-064-07-007 Z4103 Z7Z.39BOX Z04GYPSUM, CO 81637
LOT 18 BERTROCH, PURLEY, GARY P. & KENNETH2111-064-07-008 24104 272.39BOX 204GYPSUM, CO 81637
LOT 19 WRIGHT, GARY S. & LYNN D. 2111-064-05-009 24105 854.14BOX 688AVON, CO 81620
LOT 20 BERTROCH, PURLEY, GARY P. & KENNETH2111-064-07-010 24106 272.39BOX 204
GYPSUM, CO 81637
LOT 21 GOULD, THEODORE N. & SHAUNA L. 2111-064-05-011 24107 1,064.96PO BOX 185GYPSUM, CO 81637
LOT 22 BERTROCH, PURLEY, GARY P. & KENNETHZ111-064-07-01Z 24108 272.39BOX 204GYPSUM, CO 81637
LOT 23 PARMENTER, JAMES & MARCIA 2111-064-05-013 24109 1,333.72P.O. BOX 214GYPSUM, CO 81637
LOT 24 BERTROCH, PURLEY, GARY P. & KENNETH2111-064-07-014 24111 272.39BOX 204GYPSUM, CO 81637
LOT 25 BERTROCH, PURLEY, GARY P. & KENNETH2111-064-07-015 24112 272.39BOX 204GYPSUM, CO 81637
BERTROCH SUB FIL 6:
LOT 1 ANDERSON, DEAN & RUTH 2111-064-05-025 24114 1,395.30PO BOX 533GYPSUM, CO 81637
LOT 2 BERTROCH, PURLEY, GARY P. & KENNETH2111-064-05-026 24115 272.39BOX 204GYPSUM, CO 81637
LOT 3 HAYNES, CHRIS - 2111-0)64-05-027 24116 272.39ZOGG, DIANN & JANPO BOX 1134GYPSUM, CO 816371134
LOT 4 PEOPLES, RUTH T. - 2111-064-05-028 24117 272.39PEOPLES, MISS RUTH T.3150 THREE CORNER LK. RD.FRIDAY HARBOR, WA 98Z50
LOT 6ARESUB OF LOT 6
LOT 6BRESUB OF LOT 6
LOT 7
LOT 8
LOT 9
LOT 10
LOT 11
LOT 12
LOT 13
KROEHLER, KEVEN P. & TERESA A. 2111-071-01-003 24318 1,150.44PO BOX 646GYPSUM, CO 81637
MOORE, HARRELL MAC II & PATRICIA E.2111-071-01-004 24319 219.510971 COTTONWOOD PASSGYPSUM, CO 81637
GIBBONS, AUSTIN M. & ANNIE E. 2111-071-01-002 24121 1,505.44PO BOX 782GYPSUM, CO 81637
SCHEETS, DAWNA J. & STEPHEN C. 2111-071-01-001 24122 1,234.4838815 BARRINGTON STPALMDALE, CA 93551
BOOTH, FALICEBOX 343GYPSUM, CO 81637
2111-082-01-001 24123 445.54
BERTROCH, PURLEY, GARY P. & KENNETH2111BOX 204GYPSUM, CO 81637
BERTROCH, PURLEY, GARY P. & KENNETH2111BOX 204GYPSUM, CO 81637
•053-13-018 24124 272.39
053-13-019 24125 272.39
KIRCHNER, JOHN P. & LORI D.P.O. BOX 261GYPSUM, CO 81637
2111-053-13-020 24126 1,409.79
BERTROCH, PURLEY, GARY P. & KENNETH2111-082-01-002 24127 272.39BOX 204GYPSUM, CO 81637
LOT 14
LOT 15
LOT 16
LOT 17
LOT 18
LOT 19
LOT 20
LOT 21
BERTROCH AND SONSPO BOX 204GYPSUM, CO 81637
2111-064-07-001 24128 272.39
BERTROCH, PURLEY, GARY P. & KENNETH2111-064-07-002 24129 272.39BOX 204GYPSUM, CO 81637
SHEAFFER, JAMES G. & KAREN L. 211VPO BOX 1175EAGLE, CO 81631
053-13-021 24131 1,214.92
PACHECO, HERBERT L. & ESTHER D. 2111-053-13-022 24132 272.39PO BOX 1145EAGLE, CO 81631
BERTROCH, PURLEY, GARY P. & KENNETH2111'BOX 204GYPSUM, CO 81637
053-13-023 24133 272.39
BERTROCH, PURLEY, GARY P. & KENNETH2111-053-13-024 24134 272.39BOX 204GYPSUM, CO 81637
EDD1NGS, BENNY J. & PATRICIA E. 2111-053-13-025 24135 272.39PO BOX 183GYPSUM, CO 81637
ROGSTAD, ANDREW C. & PEGGY L. 2111-064-07-003 24136 1,629.31PO BOX 352VAIL, CO 81658
LOT 22 BERTROCH, PURLEY, GARY P. & KENNETH2111-064-06-001 24137 27Z.39
LOT 23
LOT 24
LOT 25
LOT 26
LOT 27
BOX 204GYPSUM, CO 81637
BERTROCH, PURLEY, GARY P. & KENNETH2111-064-06-002BOX 204GYPSUM, CO 81637
24138 277.84
SOLAUETZ, TOM J. & RHONDA L.PO BOX 55GYPSUM, CO 81637
UORTHINGTON, JAMES R. & IVA R.P.O. BOX 1035GYPSUM, CO 816371035
2111-064-06-003 24139 1,169.29
2111-064-06-004 24141 964.25
OSBURN, THEODORA HACK & JACK E. 2111-064-06-005P.O. BOX 265GYPSUM, CO 81637
24142 923.68
HUFFMAN, JOHN F. & LISA T.BOX 116GYPSUM, CO 81637
2111-064-07-004 24143 854.14
BLOCK 5A LOT 5MACKINTOSH MINOR SUBTRAVERS, RICHARD D. & DEBORAH FERRI2111-064-05-032
PO BOX 602VAIL, CO 81658
25708 1,157.70
BLOCK 5B LOT 5MACKINTOSH MINOR SUBMACKINTOSH, JIMI & ELISSA
BOX 500GYPSUM, CO 81637
2111-064-05-031 25709 136.19
August 24, 1994
Dear Upper Bertroch Property Owners:
This letter is in regards to the paving of the Upper BertrochSubdivision. At the August 9th meeting, the Council waspresented with enough signatures from the property owners inUpper Bertroch Subdivision to pass the first reading of anordinance authorizing a creation of a Special ImprovementsDistrict. The First Reading was passed contingent upon theconstruction meeting minimum Town Specifications. However, atthe August 23rd meeting, the Council changed that criteria toallow for a narrower paved road to cut down the expense of theconstruction project.
The Second Reading of the Ordinance will now say the amount ofthe Bond to be paid by the property owners over the designatedamount of time is not to exceed $350,000. The preliminary bidwas estimated at $319,730. The Town has also agreed to pick upthe cost for all Engineering and Design specifications. The Townwill also pick up the cost for the bond issuance fee and attorneyfees for issuing the bonds. This cost is usually 20% of the hardconstruction costs.
The Second reading of the ordinance is scheduled for September13, 7:00 pm at the Gypsum Fire Station. If the Ordinance ispassed, the Town of Gypsum will immediately begin to seek BondCouncil to determine which Bonding Company is the best to workwith. Also for your information, the Second reading of theOrdinance for the Cotton Ranch Annexation will also be on theAgenda that night. Garton Developers will not be granted a mainaccess to his proposed subdivision through your subdivision, norhave they requested to do so.
Enclosed is a copy of the Notice for Second Reading of theBertroch Road Improvement Ordinance, and notice of a Propertyowners meeting before the September 13 meeting. If you have anyquestions please contact myself at the Town Hall or Rick Huffmanat 524-7359.
CREATING THE RED HILL SUBDIVISION SPECIAL IMPROVEMENTDISTRICT NO. 1994-1 AND AUTHORIZING THE CONSTRUCTION OFSPECIAL IMPROVEMENTS
WHEREAS, the Town Council of the Town of Gypsum, Colorado hasdetermined it necessary and convenient to construct certain specialimprovements/ consisting of street paving improvements along asection of Red Hill subdivision within the Town of Gypsum; and
WHEREAS, the Town Council is authorized to create specialimprovement districts and construct such improvements by ordinance;
BE IT ORDAINED by the Town Council of the Town of Gypsum:
SECTION l. A special Improvement District within the Townof Gypsum, known as the Red Hill Subdivision Special ImprovementDistrict No. 1994-1, is hereby created.
SECTION 2. The construction of certain street pavingimprovements within Red Hill Subdivision is hereby authorized asfollows:
The improvements will be constructed within the RedHill Subdivision in the Town of Gypsum as depicted onExhibit A attached hereto, consisting of a distance ofapproximately 10,500 feet, along the following streetsand roads:
Sunset Lane, Knob Lane, and cedar Drive from theintersection of cedar Drive and Strohm circle to theCedar Drive cul-de-sac, approximately 26 feet widepavement, 3 inches in depth of asphalt material, and 2feet unpaved shoulder;
Beacon Road between Red Hill Drive and Cedar Drive,approximately 24 to 26 feet wide pavement, 3 inches indepth of asphalt material, and 2 feet unpaved shoulder;
Remainder of the Red Hill subdivision, including Red HillDrive, Cedar Drive west of Strohm circle, and StrohmCircle, Beacon Road east from Red Hill Drive,approximately 26 feet wide pavement, 3 inches in depth ofasphalt material, and 2 feet unpaved shoulder;
SECTION 3. The property to be specifically benefitted, andthe area to be included within the District and assessed with thecost of the improvements, shall be those lots and tracts of land
described on Exhibit B attached hereto and made a part hereof bythis reference.
SECTION 4. The assessment for said improvements may bepaid in twenty (20) equal annual installments with interest payableannually.
SECTION 5. The assessment will be due and payable withoutdemand within thirty (30) days from and after the final publicationof a Resolution assessing the whole cost of said improvementsagainst the real property in the District. In the event any ownerof real property shall fail to pay the whole of such assessmentagainst his property within thirty (30) days,, then the whole costof the improvements so assessed against his property shall bepayable in not more than twenty (20) equal annual installments ofprincipal, as aforesaid. The first of such installments ofassessments shall be due and payable at such time as may bedetermined in and by the Assessing Ordinance, and the remainder ofsaid installments shall be due and payable successively on the sameday in each year thereafter until all are paid in full.
SECTION 6. The rate of interest to be paid on unpaid anddeferred installments shall be later determined by the Town Counciland set forth in the Assessing Resolution/ but shall not exceedtwelve percent (12%).
SECTION 7. As shown by the estimates of the Engineer, theprobable total cost of the improvements is approximately PourHundred Seventy-Six Thousand Dollars ($476,000). The cost of theimprovements, together with interest and costs of issuance ofassessment bonds to be issued to fund the improvements, shall beassessed against all lots or tracts of land within the District onthe basis of lots, which amount is estimated to be FourteenThousand Eight Hundred Seventy-Five Dollars ($14,875) per lot,excluding financing charges.
All estimates exclude up to fifteen percent (13%) for costs ofinspection, collection, and incidentals.
Property owners are specifically referred to the schedule ofestimated proposed assessments on file in the office of the TownClerk from which the approximate amount to be assessed against anyparticular lot or parcel of property may be determined.
Upon completion of said improvements, or as soon as the totalcosts thereof is definitely ascertained, such cost shall beapportioned to the property in the District. Notice of suchapportionment shall be given and a hearing will be held prior tothe adoption of an Ordinance assessing such cost, all as providedby law.
RUG 19'94 16=13 INS flND COCKREL 303 986 1755W13035247522 P.05/13
SECTION 8 - PUBLIC HEARING: A public hearing on thisOrdinance shall be held on the 13th day of September, 1994 at7iOOpm at the Town Council Chambers, Gypsum Town Hall, Gypsum,Colorado.
SECTION 9 - EFFECTIVE DATE: This Ordinance shall becomeeffective as a permanent ordinance five days after publicationfollowing final passage.
SECTION 10 - SEVERABILiTYt if any portion of this Ordinanceis found to be void or ineffective, it shall be deemed severed fromthis Ordinance and the remaining provisions shall remain valid andin full force and effect.
INTRODUCED, READ, AND ORDERED PUBLISHED BY THE TOWN COUNCIL OPTHE TOWN OP GYPSUM, COLORADO, UPON A MOTION DULY MADE/ SECONDED ANDPASSED AT ITS REGULAR MEETING HELD AT THE TOWN OF GYPSUM, ON THE9TH DAY OF AUGUST/ 1994, BY A VOTE OF ____^_ IN FAVOR AND
. AGAINST,
TOWN OF GYPSUM
By:
ATTEST;
By:.
Michael Suriano, Mayor
Sharon M. Keigley/ Town clerk
Published in the Eagle Valley Enterprise newspaper.Published on: ... . , 1994.
FINALLY ADOPTED, PASSED AND APPROVED ON
TOWN OF GYPSUM
., 1994
By:
ATTEST:
By:.
Michael Suriano, Mayor
Sharon M. Keigley, Town Clerk
Published after final passage in the Eagle'valley Enterprisenewspaper.Published on: , 1994.
Councilmember ____^_ »oved adoptionof the following Resolution;
TOWN COUNCILTOWN OP GYPSUM, STATE OF COLORADO
RESOLUTION NO. 94-_
DECLARING THE INTENTION OF THE TOWN COUNCIL OF THE TOWNOF GYPSUM, COLORADO, TO CREATE A SPECIAL IMPROVEMENTDISTRICT WITHIN THE TOWN, TO BE DESIGNATED AS THE REDHILL SUBDIVISION SPECIAL IMPROVEMENT DISTRICT NO. 1994-1,ADOPTING DETAILS AND SPECIFICATIONS THEREFOR, ANDORDERING PUBLICATION AND MAILING OF NOTICE OF HEARING TOTHE OWNERS OF THE PROPERTY TO BE ASSESSED FORIMPROVEMENTS IN SAID DISTRICT AND APPROVING ON FIRSTREADING AN ORDINANCE CREATING SAID DISTRICT.
WHEREAS, the Gypsum Town Council has determined that it isnecessary to create a special improvement district and to constructcertain street improvements therein, within the Town of Gypsum("Town" or "Gypsum"), all as hereinafter described in thisResolution; and
WHEREAS, in accordance with Section 31-52-503(l)(d), C.R.S.,any improvement may be initiated directly by the Town Council byResolution declaring its intention to construct the improvements;and
WHEREAS, in accordance with Title 31, Article 25, Part 5,C.R.S., it is necessary that a preliminary order be made adoptingpreliminary plans and specifications definitely describing thematerials to be used or stating that one of several specifiedmaterials shall be chosen, determining the number of installmentsand the time in which the cost of the improvements shall bepayable, the property to be assessed for the cost of theimprovements, and providing an estimate of cost and a scheduleshowing the approximate amounts to be assessed on the lots andparcels of property within the district; and
WHEREAS, this Resolution shall constitute the preliminaryorder required by law; and
WHEREAS, the Town Council shall consider all protests andobjections that may be made in connection with the proposedimprovements before ordering the construction thereof;
tBE IT RESOLVED by the Town of Gypsum, Colorado:
1. That the Town Council of the Town of Gypsum does herebydeclare its intention to create a special improvement district
within the Town for the construction and installation of theimprovements more particularly described in this Resolution.
2. That the Town Engineer's reports, together with thepreliminary details, specifications/ estimates of cost, maps, andschedules attached hereto are hereby approved and adopted by theTown Council for use in the construction of the improvements to bemade in the proposed improvement district.
3. That the materials to be used in constructing theproposed improvements are stated in the notice hereinafter setforth.
4. That the assessments to be levied for the improvementsshall be due and payable within thirty (30) days after theeffective date of the Assessing Resolution. However, all suchassessments may be paid/ at the election of the owner, in twenty(20) equal annual installments of principal with interest on unpaidinstallments at such rate as shall later be determined by the TownCouncil and set forth in the Assessing Resolution, but notexceeding twelve percent (12%). The first of said installments ofassessment shall be due and payable at such time as will beindicated in the Assessing Ordinance and the remainder of theannual installments of assessment and semiannual payments ofinterest shall be due and payable successively on the same days ineach year thereafter until all are paid in full.
5. That the property to be assessed for said improvementsshall be the property specially benefitted by said improvements andmore particularly described in the notice.
6* That the attached Ordinance Creating the Red HillSubdivision Special Improvement District No. 1994-1 and Authorizingthe Construction of Special Improvements is hereby approved onfirst reading.
7. The Town Clerk shall give notice of the hearing toconsider passage of the Ordinance creating the special improvementdistrict and construction of the improvements by publication in oneissue of the Eagle Valley Enterprise, a newspaper of generalcirculation in the Town, the publication to be not less than twenty(20) days prior to the date of hearing. In addition, the noticeshall be delivered or mailed by first class mail to each propertyowner to be assessed for the cost of the improvements who isincluded within the proposed district. The delivered or mailednotice shall be made on or about the date of the publication of thenotice of hearing. Said notice shall be in substantially thefollowing form:
RUG 19'94 16:18 FF^DLLINS flND COCKREL 303 986 1755 F 13035247522 P. 13/13
EXHIBIT BLEGAL DESCRIPTIONS
Red Hill Subdivision SPECIAL IMPROVEMENT DISTRICT NO. 1994-1
Proposed Had Hill Subdivision Special ImprovementDistrict
Enclosed are the Resolution and Ordinance initiating the RedHill Subdivision Special Improvement District, revised as directedby the Town Council to contain a description of the improvementsper your evaluation. Please review the description of the streets,widths and paving materials to ensure that they are correctlystated.
Also, please review the information regarding the number ofannual installments for the payments; the approximate total footageof the streets to be paved; the total cost and cost per lot; andwhen you expect the public hearing to be held. Also, be sure toattach Exhibits A and B, which are the map of the proposedimprovement district and the legal description of the properties tobe included.
Please give me a call if you need any corrections,
OF A PROPOSED ORDINANCE TO CREATE A SPECIALIMPROVEMENT DISTRICT IN THE TOWN OP GYPSUM,COLORADO, TO BE KNOWN AS RED HILL SUBDIVISIONSPECIAL IMPROVEMENT DISTRICT NO 1994-1, FORTHE PURPOSE OF CONSTRUCTING AND INSTALLINGCERTAIN STREET PAVING IMPROVEMENTS, TOGETHERWITH ANY NECESSARY INCIDENTALS, FOR THE LOTSAND PARCELS OF LAND DESCRIBED THEREIN, AND OFA PUBLIC HEARING THEREON.
All owners of real estate and property hereinafterdescribed and all persons generally are hereby notifiedthat the Town Council of the Town of Gypsum, Colorado hasadopted a Resolution declaring its intention to create aspecial improvement district within the Town of Gypsum,Colorado, to be designated as Red Hill SubdivisionSpecial Improvement District No. 1994-1, for the purposeof constructing and installing certain street pavingimprovements therein, together with any necessaryincidentals, and to assess the cost of the improvements,together with interest and costs of issuance forassessment bonds to be issued to fund the improvements,against the property specifically benefitted by theimprovements, all in accordance with the laws of thestate of Colorado.
1. All persons are further notified that the kindof improvements proposed are as follows:
The improvements proposed include the followingstreet paving improvements within the Red HillSubdivision in the Town of Gypsum as depicted on ExhibitA attached hereto, consisting of a distance ofapproximately 10,500 feet, along the following streetsand roads:
Sunset Lane, Knob Lane, and Cedar Drive from theintersection of cedar Drive and strohm circle to theCedar Drive cul-de-sac, approximately 26 feet widepavement, 3 inches in depth of asphalt material, and 2feet unpaved shoulder;
Beacon Road between Red Hill Drive and Cedar Drive,approximately 24 to 26 feet wide pavement, 3 inches indepth of asphalt material, and 2 feet unpaved shoulder,-
Remainder of the Red Hill Subdivision, including Red HillDrive, Cedar Drive west of strohm circle, and StrohmCircle, Beacon Road east from Red Hill Drive,
approximately 26 feet wide pavement, 3 inches in depth ofasphalt material, and 2 feet unpaved shoulder;
2. Th« property to be specifically benefitted, and thearea to be included within the district and assessed with thecost of the improvements, shall be those lots and tracts ofland described on Exhibit B attached hereto and made a parthereof by this reference*
3. The assessment for said improvements may be paid intwenty (2o) equal annual installments with interest payableannually.
4. The assessment will be due and payable withoutdemand within thirty (30) days from and after the finalpublication of a Resolution assessing the whole cost of saidimprovements against the real property in the district. Inthe event any owner of real property shall fail to pay thewhole of such assessment against his property within thirty(30) days/ then the whole cost of the improvements so assessedagainst his property shall be payable in not more than twenty(20) equal annual installments of principal, as aforesaid.The first of such installments of assessments shall be due andpayable at such time as may be determined in and by theAssessing Ordinance, and the remainder of said installmentsshall be due and payable successively on the same day in eachyear thereafter until all are paid in full.
5. The rate of interest to be paid on unpaid anddeferred installments shall be later determined by the TownCouncil and set forth in the Assessing Resolution, but shallnot exceed twelve percent (12%).
6. As shown by the estimates of the Engineer, theprobable total cost of the improvements is approximately FourHundred Seventy Six Thousand Dollars ($476,000). The cost ofthe improvements, together with interest and costs of issuanceof assessment bonds to be issued to fund the improvements,shall be assessed against all lots or tracts of land withinthe district on the basis of lots, which amount is estimatedto be Fourteen Thousand Eight Hundred Seventy-Five Dollars($14,875) per lot, excluding financing charges.
All estimates exclude up to fifteen percent (15%) forcosts of inspection, collection, and incidentals.
Property owners are specifically referred to the scheduleof estimated proposed assessments on file in the office of theTown Clerfc from which the approximate amount to be assessedagainst any particular lot or parcel of property may bedetermined.
PlUG 19'94 16=16 INS flND COCKREL 303 986 1755 l 3035247522 P. 10/13
Opon completion of said improvements, or as soon as thetotal costs thereof is definitely ascertained, such cost shallbe apportioned to the property in the district. Notice ofsuch apportionment shall be given and a hearing will be heldprior to the adoption of an Ordinance assessing such cost, allas provided by law.
7. An Ordinance authorizing said improvements wasapproved by the Town Council on first readinq at its meetingof August 9, 1994. Not less than twenty (20) days afterpublication of this notice, the Town Council will considerfinal passage of this Ordinance at a hearing to be held onTuesday, the 13th day of September, 1994, at 7:00 p.m. or atan adjourned meeting thereafter, at the Town Hall in Gypsum,Colorado.
8. A map, estimate, and schedule showing theapproximate amount to be assessed and all Resolutions andproceedings are on file and can be seen and examined by anyperson at the office of the Town Clerk at any time duringbusiness hours on or before the date referred to in paragraph7.
9. All complaints and objections that may be made inwriting to the Gypsum Town Council and filed in the office ofthe Gypsum Town Clerk within twenty (20) days from the date ofpublication of this notice concerning the proposedimprovements by the owner or owners of any real property to beassessed will be heard and determined by the Gypsum TownCouncil at the meeting specified above, or at some adjournmentthereof be fora* c fJLna 1 action shall be taken.
Valley Enterprise newspaper.1994.
8. All Resolutions, or parts thereof, in conflict with theprovisions hereof/ be and the same, are hereby repealed.
9. That this Resolution, shall be effective immediately uponits passage, and shall be recorded in the official records of theTown kept for that purpose and shall be authenticated by thesignatures of the Town Council and the Town Clerk.
flUG 19'94 16:17 LINS PND CDCKREL 303 9S6 1 755 F 13035247522 P. 11X13
INTRODUCED, READ/ AND ADOPTED BY THE TOWN COUNCIL OP THE TOWNOF GYPSUM, COLORADO, UPON A MOTION DULY MADE, SECONDED AND PASSEDAT ITS REGULAR MEETING HELD AT THE TOWN OF GYPSUM, ON THE 9th DAYOP AUGUST, 1994, BY A VOTE OP 7l IN FAVOR AND £>AGAINST, AND O ABSTENTIONS.
TOWN OF GYPSUM
By:
ATTEST :
Bv:Sharon M. Keigley
Michael Suriano, Mayor
lerk
flUG 19'94 16:fllPR COLLINS RND COCKREL 303 986 iVP TO 13035247522 P. 12/13
EXHIBIT AMAP OF RED HILL SUBDIVISIONSPECIAL IMPROVEMENT DISTRICT
If you have any questions, please do not hesitate to call (303) 945-2550. If materialreceived is not listed above, kindly notify us at once.Transmitted by.
__ First cleiB mail
_ U.P.S, Next Day Air
_ Fedarol Express
_ U.S. Express Mail j****^
ricKup
DATE: August 15, 1994
TO: Town Council Members
FROM: Jeff Shroll
RE: Upper Bertroch Road Improvements
Dear Council Members,
After looking into the overall condition of the roads in UpperBertroch Subdivision with Don Eaton and Rick Huffman representingthe home owners, I have a few recommendations. First, I wouldlike for the Council to reconsider its request that the roadsmeet Town specifications, but only in terms of the width of theRoad. After measuring the existing width of the roads, the mainroads are only 30 ft. wide in most areas. Our regulations callfor a minimum of 32 ft. If the Town makes this requirement, itwill only increase the cost of the project regardless of pavingor chip-n-seal. In some places it will also make it verydifficult to achieve this width.
In terms of vehicle trips per day, although there are 72 lotswhich would justify over 400 trips per day, not all of the roadsare subjected to that kind of density. I believe the Town shouldencourage the most cost effective way for this project to becompleted. The main reason is, the Town is not paying for it,the home owners have offered to foot the bill, and second, anyimprovements would dramatically decrease the amount of calls,complaints, and Town time for maintenance of what has come to bea very difficult road to maintain as a dirt road.
Don and myself measured the width of the roads and determined howmany lots are on each road to come up with the followingrecommendations:
-Sunset Lane, Knob Lane, and Cedar Drive from the intersection ofCedar Drive and Strohm Circle should qualify for Chip and Sealand not require heavy maintenance. Traffic volume is low, andthe amount of lots are substantially less than other areas. Thecurrent width of the Knob and Sunset Lanes are 24 feet wide.This width is probably be all that is needed for Chip and seal.There are also only a handful of lots on these streets.
Cedar Drive west of Strohm Circle is 30 feet wide and services afew more lots than the other two cul-de-sacs. However, thetraffic is still relatively low volume and chip and seal wouldsuffice here without heavy maintenance.
The rest of the subdivision, I would suggest 3" asphalt becauseof volume and location of the roads. The remaining roads includeRed Hill Drive-30 ft., Cedar Drive-30 ft., Strohm Circle-30 ft.,Beacon Road to Red Hill Drive-30 ft., and Beacon Road between Red
Hill Drive and Cedar Drive-24 to 26 ft. wide.
The section of Beacon Road between Red Hill Drive and Cedar Drivenarrows dramatically. If the Town were to require a 30 ft. roadhere, the cutting costs into the hill would substantiallyincrease the cost. There are also no lots on the south side ofBeacon Road where the road narrows. Beacon Road only accesses 3lots on south side. However, the location in terms of drainageand erosion would warrant an asphalt road here. All roadsregardless of width should maintain 2' shoulders.
From the time in which I have completed this memo, I received aphone call from Rick Huffman representing the Home Owners. Theyreceived two bids for asphalt. The first was for a 24' wide with2' shoulders at $319,000, and the second was for a 22' wide with2' shoulders at $295,000. These prices include everything butengineering and design, and bond issuance fees.
I went ahead and scheduled this discussion before the TownCouncil on the 23 of this month before the Public Hearing nextmonth. I think it is important to discuss final width decisionswith Don Eaton and Jerry Gamba. I hesitate to encourage anythingnarrower than what I have previously recommended, yet, on theother hand I believe it would be much nicer for all involved,including the Town if the roads were paved, even if it is 24'wide. That decision will be yours, and up to Rick and hisassociates to sell to the Town. He did say that these priceswere guaranteed through the Spring of next year. It will alsoprobably be cheaper to pave everything rather than paving someand chip and sealing others. Two sets of machinery would berequired which may or may not increase the overall costs.
Finally, whatever decision the Council makes, it should be madeclear to ALL the land owners that all necessary drain culvertsmust be installed in driveways prior to road construction. Thiswas to be completed anyway, yet there are several driveways thatdo not have the necessary culverts.
Attached to this memo, is a copy of the roads in the subdivisionfor your reviewal and information.
E
Councilmember moved adoptionof the following Resolution:
TOWN COUNCILTOWN OF GYPSUM, STATE OF COLORADO
RESOLUTION NO. 94-_?
DECLARING THE INTENTION OF THE TOWN COUNCIL OF THE TOWNOF GYPSUM, COLORADO, TO CREATE A SPECIAL IMPROVEMENTDISTRICT WITHIN THE TOWN, TO BE DESIGNATED AS THE REDHILL SUBDIVISION SPECIAL IMPROVEMENT DISTRICT NO. 1994-1,ADOPTING DETAILS AND SPECIFICATIONS THEREFOR, ANDORDERING PUBLICATION AND MAILING OF NOTICE OF HEARING TOTHE OWNERS OF THE PROPERTY TO BE ASSESSED FORIMPROVEMENTS IN SAID DISTRICT AND APPROVING ON FIRSTREADING AN ORDINANCE CREATING SAID DISTRICT.
WHEREAS, the Gypsum Town Council has determined that it isnecessary to create a special improvement district and to constructcertain curb, gutter, and street improvements therein, within theTown of Gypsum ("Town" or "Gypsum"), all as hereinafter describedin this Resolution; and
WHEREAS, in accordance with Section 31-52-503(1)(d), C.R.S.,any improvement may be initiated directly by the Town Council byResolution declaring its intention to construct the improvements;and
WHEREAS, in accordance with Title 31, Article 25, Part 5,C.R.S., it is necessary that a preliminary order be made adoptingpreliminary plans and specifications definitely describing thematerials to be used or stating that one of several specifiedmaterials shall be chosen, determining the number of installmentsand the time in which the cost of the improvements shall bepayable, the property to be assessed for the cost of theimprovements, and providing an estimate of cost and a scheduleshowing the approximate amounts to be assessed on the lots andparcels of property within the district; and
WHEREAS, this Resolution shall constitute the preliminaryorder reguired by law; and
WHEREAS, the Town Council shall consider all protests andobjections that may be made in connection with the proposedimprovements before ordering the construction thereof;
BE IT RESOLVED by the Town of Gypsum, Colorado:
1. That the Town Council of the Town of Gypsum does herebydeclare its intention to create a special improvement district
within the Town for the construction and installation of theimprovements more particularly described in this Resolution.
2. That the Town Engineer's reports, together with thepreliminary details, specifications, estimates of cost, maps, andschedules attached hereto are hereby approved and adopted by theTown Council for use in the construction of the improvements to bemade in the proposed improvement district.
3. That the materials to be used in constructing theproposed improvements are stated in the notice hereinafter setforth.
4. That the assessments to be levied for the improvementsshall be due and payable within thirty (30) days after theeffective date of the Assessing Resolution. However, all suchassessments may be paid, at the election of the owner, in 'frygrii y(o&) ) equal annual installments of principal with interest onunpaid installments at such rate as shall later be determined bythe Town Council and set forth in the Assessing Resolution, but notexceeding twelve percent (12%). The first of said installments ofassessment shall be due and payable at such time as will beindicated in the Assessing Ordinance and the remainder of theannual installments of assessment and semiannual payments ofinterest shall be due and payable successively on the same days ineach year thereafter until all are paid in full.
5. That the property to be assessed for said improvementsshall be the property specially benef itted by said improvements andmore particularly described in the notice.
6. That the attached Ordinance creating the Red HillSubdivision Special Improvement District No. 1994-1 and Authorizingthe Construction of Special Improvements is hereby approved onfirst reading.
7. The Town Clerk shall give notice of the hearing toconsider passage of the Ordinance creating the special improvementdistrict and construction of the improvements by publication in oneissue of the Eagle Valley Enterprise, a newspaper of generalcirculation in the Town, the publication to be not less than twenty(20) days prior to the date of hearing. In addition, the noticeshall be delivered or mailed by first class mail to each propertyowner to be assessed for the cost of the improvements who isincluded within the proposed district. The delivered or mailednotice shall be made on or about the date of the publication of thenotice of hearing. Said notice shall be in substantially thefollowing form:
NOTICE
OF A PROPOSED ORDINANCE TO CREATE A SPECIALIMPROVEMENT DISTRICT IN THE TOWN OF GYPSUM,COLORADO, TO BE KNOWN AS RED HILL SUBDIVISIONSPECIAL IMPROVEMENT DISTRICT NO 1994-1, FORTHE PURPOSE OF CONSTRUCTING AND INSTALLINGCERTAIN CURB, GUTTER AND STREET PAVINGIMPROVEMENTS, TOGETHER WITH ANY NECESSARYINCIDENTALS, FOR THE LOTS AND PARCELS OF LANDDESCRIBED THEREIN, AND OF A PUBLIC HEARINGTHEREON.
All owners of real estate and property hereinafterdescribed and all persons generally are hereby notifiedthat the Town Council of the Town of Gypsum, Colorado hasadopted a Resolution declaring its intention to create aspecial improvement district within the Town of Gypsum,Colorado, to be designated as Red Hill SubdivisionSpecial Improvement District No. 1994-1, for the purposeof constructing and installing certain curb, gutter, andstreet paving improvements therein, together with anynecessary incidentals, and to assess the cost of theimprovements, together with interest and costs ofissuance for assessment bonds to be issued to fund theimprovements, against the property specificallybenefitted by the improvements, all in accordance withthe laws of the State of Colorado.
1. All persons are further notified that the kindof improvements proposed are as follows:
The improvements proposed include the followingstreet paving improvements within the
Red Hill Subdivision in the Town of Gypsum as depicted onExhibit A attached hereto, consisting of a distance ofapproximately IQS&IQ L feet, along the following streetsand roads:
y \
lane
a. Regrading of locations for construction ofcurb, gutter and street paving improvement;
—--' b. Street paving construction, approximatelyV? 6 '' ) wide and \'f in depth of (Lu^M /fimjfL material;
^'Vl
construction, approximately wideand i in depth of material;
d./// Gutter construction, approximately wideand '' ' in depth of material;
2. The property to be specifically benefitted, and thearea to be included within the district and assessed with thecost of the improvements, shall be those lots and tracts ofland described on Exhibit B attached hereto and made a parthereof by this reference.
3. The assessment for said improvements may be paid in(nC1 ) equal annual installments with interest payable
annually.
4. The assessment will be due and payable withoutdemand within thirty (30) days from and after the finalpublication of a Resolution assessing the whole cost of saidimprovements against the real property in the district. Inthe event any owner of real property shall fail to pay thewhole of such assessment against his property within thirty(30) days, then the whole cost of the improvements so assessedagainst his property shall be payable in not more than
equal annual installments of principal, as aforesaid.The first of such installments of assessments shall be due andpayable at such time as may be determined in and by theAssessing Ordinance, and the remainder of said installmentsshall be due and payable successively on the same day in eachyear thereafter until all are paid in full.
5. The rate of interest to be paid on unpaid anddeferred installments shall be later determined by the TownCouncil and set forth in the Assessing Resolution, but shallnot exceed twelve percent (12%) .
6. As shown by the estimates of the Engineer, theprobable total cost, of the improvements is approximately _/•••J,'.. ' • ,. ' •/.'! ::i" I.?.}';, ''••''/•,:*'• > Dollars ( $ 47&. /rtfi**) . The cost ofthe improvements, together with interest and costs of issuanceof assessment bonds to be issued to fund the improvements,shall be assessed against all lots or tracts of land withinthe district on the basis of front footage, which amount isestimated to be JQ-L/.-I •• .&* :--c. p_.-nd 2^/i . _ L- -.m . Dollars( $ 5. 3 ) per fron€ foot, excluding financing charges.
It is anticipated that the Town of Gypsum will not payany part of the cost of the improvements.
All estimates exclude up to fifteen percent (15%) forcosts of inspection, collection, and incidentals.
Property owners are specifically referred to the scheduleof estimated proposed assessments on file in the office of theTown Cleric from which the approximate amount to be assessedagainst any particular lot or parcel of property may bedetermined.
Upon completion of said improvements, or as soon as thetotal costs thereof is definitely ascertained, such cost shallbe apportioned to the property in the district. Notice ofsuch apportionment shall be given and a hearing will be heldprior to the adoption of an Ordinance assessing such cost, allas provided by law.
7. An Ordinance authorizing said improvements wasapproved by the Town council on first reading at its meetingof _.../A'..., .._9. f 1994. Not less than twenty (20) daysafter publication of this notice, the Town Council willconsider final passage of this Ordinance at a hearing to beheld on 72/e da a the / 3 day of ?gy.- •/• 1994, at7:00 p.in. or at --an adjourned meeting thereafter, at the TownHall in Gypsum, Colorado.
8. A map, estimate, and schedule showing theapproximate amount to be assessed and all Resolutions andproceedings are on file and can be seen and examined by anyperson at the office of the Town Clerk at any time duringbusiness hours on or before the date referred to in paragraph7.
9. All complaints and objections that may be made inwriting to the Gypsum Town Council and filed in the office ofthe Gypsum Town Clerk within twenty (20) days from the date ofpublication of this notice concerning the proposedimprovements by the owner or owners of any real property to beassessed will be heard and determined by the Gypsum TownCouncil at the meeting specified above, or at some adjournmentthereof before final action shall be taken.
By:Sharon Keigley, Town Clerk
(SEAL)
Published in the Eagle Valley Enterprise newspaper.Published on: , 1994.
8. All Resolutions, or parts thereof, in conflict with theprovisions hereof, be and the same, are hereby repealed.
9. That this Resolution, shall be effective immediately uponits passage, and shall be recorded in the official records of theTown kept for that purpose and shall be authenticated by thesignatures of the Town Council and the Town Clerk.
INTRODUCED, READ, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWNOF GYPSUM, COLORADO, UPON A MOTION DULY MADE, SECONDED AND PASSEDAT ITS REGULAR MEETING HELD AT THE TOWN OF GYPSUM, ON THEDAY OF , 1994, BY A VOTE OF IN FAVOR AND
AGAINST, AND ABSTENTIONS.
TOWN OF GYPSUM
By:Michael Suriano, Mayor
ATTEST:
By:,Sharon M. Keigley, Town Clerk
EXHIBIT AMAP OF RED HILL SUBDIVISIONSPECIAL IMPROVEMENT DISTRICT
EXHIBIT BLEGAL DESCRIPTIONS
Red Hill Subdivision SPECIAL IMPROVEMENT DISTRICT NO. 1994-1
Councilmember moved adoptionof the following Resolution:
TOWN COUNCILTOWN OF GYPSUM, STATE OF COLORADO
RESOLUTION NO. 94- jQ _
DECLARING THE INTENTION OF THE TOWN COUNCIL OF THE TOWNOF GYPSUM, COLORADO, TO CREATE A SPECIAL IMPROVEMENTDISTRICT WITHIN THE TOWN, TO BE DESIGNATED AS THE REDHILL SUBDIVISION SPECIAL IMPROVEMENT DISTRICT NO. 1994-1,ADOPTING DETAILS AND SPECIFICATIONS THEREFOR, ANDORDERING PUBLICATION AND MAILING OF NOTICE OF HEARING TOTHE OWNERS OF THE PROPERTY TO BE ASSESSED FORIMPROVEMENTS IN SAID DISTRICT AND APPROVING ON FIRSTREADING AN ORDINANCE CREATING SAID DISTRICT.
WHEREAS, the Gypsum Towr Council has determined that it isnecessary to create a speci - provement district and to constructcertain curb, gutter, f ~. improvements therein, within theTown of Gypsum ("To'-- i, s\ i") , all as hereinafter describedin this Resolutd- *-
WHEREAS,any improvemei.Resolution dec^and
?tion 31-52-503(1) (d) , C.R.S.,-ectly by the Town Council by-o construct the improvements;
WHEREAS, in ,^e with Title 31, Article 25, Part 5,C.R.S., it is nece ^ that a preliminary order be made adoptingpreliminary plans fSd specifications definitely describing thematerials to be used or stating that one of several specifiedmaterials shall be chosen, determining the number of installmentsand the time in which the cost of the improvements shall bepayable, the property to be assessed for the cost of theimprovements, and providing an estimate of cost and a scheduleshowing the approximate amounts to be assessed on the lots andparcels of property within the district; and
WHEREAS, this Resolution shall constitute the preliminaryorder required by law; and
WHEREAS, the Town Council shall consider all protests andobjections that may be made in connection with the proposedimprovements before ordering the construction thereof;
BE IT RESOLVED by the Town of Gypsum, Colorado:
l'. That the Town Council of the Town of Gypsum does herebydeclare its intention to create a special improvement district
within the Town for the construction and installation of theimprovements more particularly described in this Resolution.
2. That the Town Engineer's reports, together with thepreliminary details, specifications, estimates of cost, maps, andschedules attached hereto are hereby approved and adopted by theTown Council for use in the construction of the improvements to bemade in the proposed improvement district.
3. That the materials to be used in constructing theproposed improvements are stated in the notice hereinafter setforth.
4. That the assessments to be levied for the improvementsshall be due and payable within thirty (30) days after theeffective date of the Assessing Resolution. However, all suchassessments may be paid, at the election of the owner, in
) equal annual installments of principal with interest onunpaid installments at such rate as shall later be determined bythe Town Council and set forth in the Assessing Resolution, but notexceeding twelve percent (12%) . The first of said installments ofassessment shall be due and payable at such time as will beindicated in the Assessing Ordinance and the remainder of theannual installments of assessment and semiannual payments ofinterest shall be due and payable successively on the same days ineach year thereafter until all are paid in full.
5. That the property to be assessed for said improvementsshall be the property specially benefitted by said improvements andmore particularly described in the notice.
6. That the attached Ordinance Creating the Red HillSubdivision Special Improvement District No. 1994-1 and Authorizingthe Construction of Special Improvements is hereby approved onfirst reading.
7. The Town Clerk shall give notice of the hearing toconsider passage of the Ordinance creating the special improvementdistrict and construction of the improvements by publication in oneissue of the Eagle Valley Enterprise, a newspaper of generalcirculation in the Town, the publication to be not less than twenty(20) days prior to the date of hearing. In addition, the noticeshall be delivered or mailed by first class mail to each propertyowner to be assessed for the cost of the improvements who isincluded within the proposed district. The delivered or mailednotice shall be made on or about the date of the publication of thenotice of hearing. Said notice shall be in substantially thefollowing form:
NOTICE
OF A PROPOSED ORDINANCE TO CREATE A SPECIALIMPROVEMENT DISTRICT IN THE TOWN OF GYPSUM,COLORADO, TO BE KNOWN AS RED HILL SUBDIVISIONSPECIAL IMPROVEMENT DISTRICT NO 1994-1, FORTHE PURPOSE OF CONSTRUCTING AND INSTALLINGCERTAIN CURB, GUTTER AND STREET PAVINGIMPROVEMENTS, TOGETHER WITH ANY NECESSARYINCIDENTALS, FOR THE LOTS AND PARCELS OF LANDDESCRIBED THEREIN, AND OF A PUBLIC HEARINGTHEREON.
All owners of real estate and property hereinafterdescribed and all persons generally are hereby notifiedthat the Town Council of the Town of Gypsum, Colorado hasadopted a Resolution declaring its intention to create aspecial improvement district within the Town of Gypsum,Colorado, to be designated as Red Hill SubdivisionSpecial Improvement District No. 1994-1, for the purposeof constructing and installing certain curb, gutter, andstreet paving improvements therein, together with anynecessary incidentals, and to assess the cost of theimprovements, together with interest and costs ofissuance for assessment bonds to be issued to fund theimprovements, against the property specificallybenefitted by the improvements, all in accordance withthe laws of the State of Colorado.
1. All persons are further notified that the kindof improvements proposed are as follows:
The improvements proposed include the following-ear-by gutter/~ and street paving improvements within theRed Hill Subdivision in the Town of Gypsum as depicted onExhibit A attached hereto, consisting of a distance ofapproximately (Q$o*$ l^.feet, along the following streetsand roads:
a. Regrading of locations for construction ofcurb, gutter and street paving improvement;
b^
Street paving construction, approximatelywide and \" in depth of (%tfh&H:fotigtf% material;
irb construction, approximately _ wideand ; '' / ' in depth of _ material;
d . /)/ JJGutter construction, approximately _ wideand ' " - in depth of _ material;
2. The property to be specifically benefitted, and thearea to be included within the district and assessed with thecost of the improvements, shall be those lots and tracts ofland described on Exhibit B attached hereto and made a parthereof by this reference.
3. The assessment for said improvements may be paid inequal annual installments with interest payable
annually.
4. The assessment will be due and payable withoutdemand within thirty (30) days from and after the finalpublication of a Resolution assessing the whole cost of saidimprovements against the real property in the district. Inthe event any owner of real property shall fail to pay thewhole of such assessment against his property within thirty(30) days, then the whole cost of the improvements so assessedagainst his property shall be payable in not more than
equal annual installments of principal, as aforesaidThe first of such installments of assessments shall be due andpayable at such time as may be determined in and by theAssessing Ordinance, and the remainder of said installmentsshall be due and payable successively on the same day in eachyear thereafter until all are paid in full.
5. The rate of interest to be paid on unpaid anddeferred installments shall be later determined by the TownCouncil and set forth in the Assessing Resolution, but shallnot exceed twelve percent (12%) .
6. As shown by the estimates of the Engineer, therobable total cost , of the improvements is approximately _
Mj^iBeum-.s> 7a*MMi]-&iif,um-- Dollars (S^dti***) • The cost ofthe improvements, together with interest and costs of issuanceof assessment bonds to be issued to fund the improvements,shall be assessed against all lots or tracts of land withinthe district on the basis of front footage, which amount isestimated to be jS y ifoifo /yWffyifc _ _ Dollars( $ ffi. 3 ) per front foot, excluding financing charges.
It is anticipated that the Town of Gypsum will not payany part of the cost of the improvements.
All estimates exclude up to fifteen percent (15%) forcosts of inspection, collection, and incidentals.
Property owners are specifically referred to the scheduleof estimated proposed assessments on file in the office of theTown Clerk from which the approximate amount to be assessedagainst any particular lot or parcel of property may bedetermined.
Upon completion of said improvements, or as soon as thetotal costs thereof is definitely ascertained, such cost shallbe apportioned to the property in the district. Notice ofsuch apportionment shall be given and a hearing will be heldprior to the adoption of an Ordinance assessing such cost, allas provided by law.
7. An Ordinance authorizing said improvements wasapproved by the Town Council on first reading at its meetingof fftta 2_, 1994. Not less than twenty (20) daysafter publication of this notice, the Town Council willconsider final passage of this Ordinance at a hearing to beheld on " fe C/flM the /3 day of Qeto+r 1994, at7:00 p.nT! or at sin adjourned meeting thereatter, at the TownHall in Gypsum, Colorado.
8. A map, estimate, and schedule showing theapproximate amount to be assessed and all Resolutions andproceedings are on file and can be seen and examined by anyperson at the office of the Town Clerk at any time duringbusiness hours on or before the date referred to in paragraph7.
9. All complaints and objections that may be made inwriting to the Gypsum Town Council and filed in the office ofthe Gypsum Town Clerk within twenty (20) days from the date ofpublication of this notice concerning the proposedimprovements by the owner or owners of any real property to beassessed will be heard and determined by the Gypsum TownCouncil at the meeting specified above, or at some adjournmentthereof before final action shall be taken.
By:Sharon Keigley, Town Clerk
(SEAL)
Published in the Eagle Valley Enterprise newspaper.Published on: , 1994.
8. All Resolutions, or parts thereof, in conflict with theprovisions hereof, be and the same, are hereby repealed.
9. That this Resolution, shall be effective immediately uponits passage, and shall be recorded in the official records of theTown kept for that purpose and shall be authenticated by thesignatures of the Town Council and the Town Clerk.
INTRODUCED, READ, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWNOF GYPSUM, COLORADO, UPON A MOTION DULY MADE, SECONDED AND PASSEDAT ITS REGULAR MEETING HELD AT THE TOWN OF GYPSUM, ON THEDAY OF -uag^f- _ , 1994, BY A VOTE OF ^ IN FAVOR AND
/ ^AGAINST. AND >& ABSTENTIONS y e £.
TOWN OF GYPSUM
By: C>Michael Suriano, Mayor
ATTEST:
By:.Sharon M. Keigley, Town Clerk
EXHIBIT AMAP OF RED HILL SUBDIVISIONSPECIAL IMPROVEMENT DISTRICT
EXHIBIT BLEGAL DESCRIPTIONS
Red Hill Subdivision SPECIAL IMPROVEMENT DISTRICT NO. 1994-1
Town of Gypsum, Colorado
Ordinance No.(Series 1994
CREATING THE RED HILL SUBDIVISION SPECIAL IMPROVEMENTDISTRICT NO. 1994-1 AND AUTHORIZING THE CONSTRUCTION OFSPECIAL IMPROVEMENTS
WHEREAS, the Town Council of the Town of Gypsum, Colorado hasdetermined it necessary and convenient to construct certain specialimprovements, including curb, gutter, and street pavingimprovements along a section of Red Hill Subdivision within theTown of Gypsum; and
WHEREAS, the Town Council is authorized to create specialimprovement districts and construct such improvements by ordinance;
BE IT ORDAINED by the Town Council of the Town of Gypsum:
SECTION 1. A Special Improvement District within the Townof Gypsum, known as the Red Hill Subdivision Special ImprovementDistrict No. 1994-1, is hereby created.
SECTION 2. The construction of certain curb, gutter, andstreet paving improvements within Red Hill Subdivision is herebyauthorized as follows:
The improvements will be constructed within the RedHill Subdivision in the Town of Gypsum as depicted onExhibit A attached hereto, consisting of a distance ofapproximately feet, along the following streetsand roads:
a. Regrading of locations for construction of curb,gutter, and street paving improvement;
b. Curb construction, approximately wide andin depth of material;
c. Gutter construction, approximately wide and_ in de^th of material;
d. Street paving construction, approximatelywide and in depth of material;
SECTION 3. The property to be specifically benefitted, andthe area to be included within the District and assessed with thecost of the improvements, shall be those lots and tracts of landdescribed on Exhibit B attached hereto and made a part hereof bythis reference.
SECTION 4. The assessment for said improvements may bepaid in ( ) equal annual installments with interestpayable annually.
SECTION 5. The assessment will be due and payable withoutdemand within thirty (30) days from and after the final publicationof a Resolution assessing the whole cost of said improvementsagainst the real property in the District. In the event any ownerof real property shall fail to pay the whole of such assessmentagainst his property within thirty (30) days, then the whole costof the improvements so assessed against his property shall bepayable in not more than ( ) equal annual installments ofprincipal, as aforesaid. The first of such installments ofassessments shall be due and payable at such time as may bedetermined in and by the Assessing Ordinance, and the remainder ofsaid installments shall be due and payable successively on the sameday in each year thereafter until all are paid in full.
SECTION 6. The rate of interest to be paid on unpaid anddeferred installments shall be later determined by the Town Counciland set forth in the Assessing Resolution, but shall not exceedtwelve percent (12%).
SECTION 7. As shown by the estimates of the Engineer, theprobable total cost of the improvements is approximately
Dollars ($ ) . The cost of theimprovements, together with interest and costs of issuance ofassessment bonds to be issued to fund the improvements, shall beassessed against all lots or tracts of land within the District onthe basis of front footage, which amount is estimated to be
Dollars ($ ) per front foot,excluding financing charges.
The Town of Gypsum will not pay any part of the cost of theimprovements.
All estimates exclude up to fifteen percent (15%) for costs ofinspection, collection, and incidentals.
Property owners are specifically referred to the schedule ofestimated proposed assessments on file in the office of the TownClerk from which the approximate amount to be assessed against anyparticular lot or parcel of property may be determined.
Upon completion of said improvements, or as soon as the totalcosts thereof is definitely ascertained, such cost shal'l beapportioned to the property in the District. Notice of such
apportionment shall be given and a hearing will be held prior tothe adoption of an Ordinance assessing such cost, all as providedby law.
SECTION 8 - PUBLIC HEARING: A public hearing on thisOrdinance shall be held on the day of , 1994 at7:00pm at the Town Council Chambers, Gypsum Town Hall, Gypsum,Colorado.
SECTION 9 - EFFECTIVE DATE: This Ordinance shall becomeeffective as a permanent ordinance five days after publicationfollowing final passage.
SECTION 10 - SEVERABILITY: If any portion of this Ordinanceis found to be void or ineffective, it shall be deemed severed fromthis Ordinance and the remaining provisions shall remain valid andin full force and effect.
INTRODUCED, READ, AND ORDERED PUBLISHED BY THE TOWN COUNCIL OFTHE TOWN OF GYPSUM, COLORADO, UPON A MOTION DULY MADE, SECONDED ANDPASSED AT ITS REGULAR MEETING HELD AT THE TOWN OF GYPSUM, ON THE
DAY OF , 1994, BY A VOTE OF IN FAVORAND AGAINST.
TOWN OF GYPSUM
By:Michael Suriano, Mayor
ATTEST:
By:.Sharon M. Keigley, Town Clerk
Published in the Eagle Valley Enterprise newspaper.Published on: , 1994.
FINALLY ADOPTED, PASSED AND APPROVED ON , 1994.
TOWN OF GYPSUM
I By:Michael Suriano, Mayor
ATTEST:
By:.Sharon M. Keigley, Town Clerk
Published after final passage in the Eagle Valley Enterprisenewspaper.Published on: , 1994.
OF A PROPOSED ORDINANCE TO CREATE A SPECIALIMPROVEMENT DISTRICT IN THE TOWN OF GYPSUM,COLORADO, TO BE KNOWN AS RED HILL SUBDIVISIONSPECIAL IMPROVEMENT DISTRICT NO 1994-1, FORTHE PURPOSE OF CONSTRUCTING AND INSTALLINGCERTAIN STREET PAVING IMPROVEMENTS, TOGETHERWITH ANY NECESSARY INCIDENTALS, FOR THE LOTSAND PARCELS OF LAND DESCRIBED THEREIN, AND OFA PUBLIC HEARING THEREON.
All owners of real estate and property hereinafterdescribed and all persons generally are hereby notifiedthat the Town Council of the Town of Gypsum, Colorado hasadopted a Resolution declaring its intention to create aspecial improvement district within the Town of Gypsum,Colorado, to be designated as Red Hill SubdivisionSpecial Improvement District No. 1994-1, for the purposeof constructing and installing certain street pavingimprovements therein, together with any necessaryincidentals, and to assess the cost of the improvements,together with interest and costs of issuance forassessment bonds to be issued to fund the improvements,against the property specifically benefitted by theimprovements, all in accordance with the laws of theState of Colorado.
1. All persons are further notified that the kindof improvements proposed are as follows:
The improvements proposed include the followingstreet paving improvements within the Red HillSubdivision in the Town of Gypsum as depicted on ExhibitA attached hereto, consisting of a distance ofapproximately 10,500 feet, along the following streetsand roads:
Sunset Lane, Knob Lane, and Cedar Drive from theintersection of Cedar Drive and strohm circle to theCedar Drive cul-de-sac, approximately 26 feet widepavement, 3 inches in depth of asphalt material, and 2feet unpaved shoulder;
Beacon Road between Red Hill Drive and Cedar Drive,approximately 24 to 26 feet wide pavement, 3 inches indepth of asphalt material, and 2 feet unpaved shoulder;
Remainder of the Red Hill Subdivision, including Red HillDrive, Cedar Drive west of Strohm circle, and StrohmCircle, Beacon Road east from Red Hill Drive,
approximately 26 feet wide pavement, 3 inches in depth ofasphalt material, and 2 feet unpaved shoulder;
2. The property to be specifically benefitted, and thearea to be included within the district and assessed with thecost of the improvements, shall be those lots and tracts ofland described on Exhibit B attached hereto and made a parthereof by this reference.
3. The assessment for said improvements may be paid intwenty (2O) equal annual installments with interest payableannually.
4. The assessment will be due and payable withoutdemand within thirty (30) days from and after the finalpublication of a Resolution assessing the whole cost of saidimprovements against the real property in the district. Inthe event any owner of real property shall fail to pay thewhole of such assessment against his property within thirty(30) days, then the whole cost of the improvements so assessedagainst his property shall be payable in not more than twenty(20) equal annual installments of principal, as aforesaid.The first of such installments of assessments shall be due andpayable at such time as may be determined in and by theAssessing Ordinance, and the remainder of said installmentsshall be due and payable successively on the same day in eachyear thereafter until all are paid in full.
5. The rate of interest to be paid on unpaid anddeferred installments shall be later determined by the TownCouncil and set forth in the Assessing Resolution, but shallnot exceed twelve percent (12%).
6. As shown by the estimates of the Engineer, theprobable total cost of the improvements is approximately FourHundred Seventy Six Thousand Dollars ($476,000). The cost ofthe improvements, together with interest and costs of issuanceof assessment bonds to be issued to fund the improvements,shall be assessed against all lots or tracts of land withinthe district on the basis of lots, which amount is estimatedto be Fourteen Thousand Eight Hundred Seventy-Five Dollars($14,875) per lot, excluding financing charges.
All estimates exclud_e up to fifteen percent (15%) forcosts of inspection, collection, and incidentals.
Property owners are specifically referred to the scheduleof estimated proposed assessments on file in the office of thaTown Clerk from which the approximate amount to be assessedagainst any particular lot or parcel of property may bedetermined.
Upon completion of said improvements, or as soon as thetotal costs thereof is definitely ascertained, such cost shallbe apportioned to the property in the district. Notice ofsuch apportionment shall be given and a hearing will be heldprior to the adoption of an Ordinance assessing such coat, allas provided by law.
7. An Ordinance authorizing said improvements wasapproved by the Town Council on first reading at its meetingof August 9, 1994. Not less than twenty (20) days afterpublication of this notice, the Town Council will considerfinal passage of this ordinance at a hearing to be held onTuesday, the 13th day of September, 1994, at 7:00 p,m. or atan adjourned meeting thereafter, at the Town Hall in Gypsum,Colorado.
8. A map, estimate, and schedule showing theapproximate amount to be assessed and all Resolutions andproceedings are on file and can be seen and examined by anyperson at the office of the Town Clerk at any time duringbusiness hours on or before the date referred to in paragraph7.
9. All complaints and objections that may be made inwriting to the Gypsum Town Council and filed in the office ofthe Gypsum Town Clerk within twenty (20) days from the date ofpublication of this notice concerning the proposedimprovements by the owner or owners of any real property to beassessed will be heard and determined by the Gypsum TownCouncil at the meeting specified above, or at some adjournmentthereof brfntrfcrfynnl action shall be taken.
^Eagle Valley Enterprise newspaper.1994.
8. All Resolutions, or parts thereof, in conflict with theprovisions hereof, be and the same, are hereby repealed.
9. That this Resolution, shall be effective immediately uponits passage, and shall be recorded in the official records of theTown kept for that purpose and shall be authenticated by thesignatures of the Town Council and the Town Clerk.
INTRODUCED, READ, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWNOF GYPSUM, COLORADO, UPON A MOTION DULY MADE, SECONDED AND PASSEDAT ITS REGULAR MEETING HELD AT THE TOWN OF GYPSUM, ON THE 9th DAYOF AUGUST, 1994, BY A VOTE OF 7 IN FAVOR AND QAGAINST, AND O ABSTENTIONS.
AN ORDINANCE ESTABLISHING ft MUNICIPAL COURT SYSTEMFOR TBS TOOT OF OYPStJtt, COLORADO, AND PROVIDING FORITS FUNCTIONS AND DUTIES
WHEREAS, the Town of Gypsum Home Rule Charter provides inSection 9.2 that the Town Council may establish a Municipal CourtSystem, and shall set forth its functions and duties by ordinance;and
WHEREAS, the Town Council deems it necessary and appropriatefor the health safety and welfare of the residents and the visitorsof the Town of Gypsum to establish a Municipal Court system to hearand try alleged violations of ordinance provisions of the Town;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Townof Gypsum, Colorado:
SECTIQN 1 - ESTABLISHMENT OF MUNICIPAL COURT 1 The TownCouncil hereby establishes the Gypsum Municipal Court System. TheMunicipal Court System shall have the powers, duties andresponsibilities provided for herein.
SECTION 2 - AM^PMENT OF THE GYPSDM MUNICIPAL CODE: TheGypsum Municipal Code is hereby amended with the addition of a newChapter 2.01, to be contained in Title 2, to read as follows:
Chapter 2.01Municipal Court
2.01.010 Municipal Court Created. There is hereby createdand established a Qualified Municipal court for the Town ofGypsum.
2.01.020 Definitions. As used in this Chapter:
A. "Municipal Court" shall mean a Qualified"MunicipalCourt of Record as defined in Section 13-10-102, c.R.S.
B. "Municipal Judge" shall mean and include thepresiding Municipal Judge and all assistant andsubstitute Municipal Judges, unless the context requiresotherwise.
2.01*030 Appointment of Municipal Judges. The Town Council,by resolution, shall appoint the presiding Municipal Judge fora term of two (2) years to preside over the Municipal Court,although the initial appointment shall be for a term of office
which expires on the date of the next election of the TownCouncil. Assistant Judges and substitute Judges nay beappointed by the Town council for a term as necessary totransact the business of the Court. Dpon a vacancy in theposition of the presiding Municipal Judge, the Town Councilcan appoint a new presiding Municipal Judge for the remainderof the unexpired term.
2.01.040 Qualifications of Judges. A Municipal Judge shallbe admitted to, and currently licensed in, the practice of lawin Colorado.
2*03.»050 compensation of Judge. The compensation of theMunicipal Judge/ except substitute Judges, shall be an annualsalary in a amount set by the Town Council in the appointingresolution, and payable monthly. Compensation of substituteJudges shall be set by the appointing resolution and may bebased upon the number of court sessions served.
2.Q1.060 Oath of _Off ice. Before entering upon the duties ofoffice, a Municipal Judge shall take an oath of affirmation,given by the Mayor or the Mayor Pro Tern, that he or she willsupport the Constitution and laws of the united states, theConstitution and laws of the State of Colorado, and the lawsof the Town, and will faithfully perform the duties of office.
2*01.070 RftroTY^1- of Judge. A Municipal Judge may be removedduring his or her term of office only for cause. A Judge maybe removed for cause for:
A. Conviction of a felony or any other crime involvingmoral turpitude;
B. Any disability which renders the Judge unable toperform the essential job functions;
C. Willful or persistent failure to perform his or herduties;
D. Being a habitual intemperate.
2.01.080 Jurisdiction. The Municipal Court has originaljurisdiction of all civil and criminal cases arising underthis Code and other ordinances of the Town.
2.O1.090 Powers. Unless otherwise limited by this Chapter,the Municipal Judge shall have all legal and equitable powersnecessary and appropriate to enforce the Court's orders, *judgments and decrees, and to the operation of the MunicipalCourt, including but not limited to the power:
A. To enforce subpoenas issued by any board, commission,officer, or other body of the Town authorized by law orordinance to issue subpoenas, by imposing fines andpenalties;
B. To assess and collect civil penalties;
C. To order and enforce by contempt the abatement ofnuisances and violation of zoning regulations;
D. To issue search warrants;
. -E. _ To summon and compel the attendance of jurors;
F. To punish violations of the Gypsum Municipal Code andcontempt of the Municipal Court by a fine not to exceedone thousand dollars or by incarceration for a period notto exceed one year/ or both, except that confinement ofany child under the age of eighteen shall be limited asprovided by Section 13-10-113, C.R.S.; and
G. To perform other responsibilities prescribed by thisCode and ordinances of the Town.
2,01.100 Court Sessions* Regular sessions of the MunicipalCourt for the trial of cases shall be fixed by the presidingMunicipal Judge as necessary to efficiently manage the Court'sdocket. Special court sessions may be set at any time,including Sundays, holidays and nights.
2,01.110 Recording of Sessions. A verbatim record of theproceedings and evidence at trials shall be kept by eitherelectric devices or stenographic means.
2.01.120 Rules of Procedure. Unless otherwise provided inthis Chapter, the Municipal Court shall be governed by theColorado Municipal Court Rules of Procedure. The presidingMunicipal Judge may issue local rules of procedure consistentwith rules of procedure adopted by the Colorado Supreme Courtand provisions of the Gypsum Municipal Code.
2.01*130 Court Clerk. The Town Council shall appoint aMunicipal Court Clerk, whose duties shall be those assigned bythe presiding Municipal Judge and local rules.
2.01.140 Monthly Accounting by Court Clerk. The Court Clerkshall file monthly reports with the Town clerk of all moneyscollected. *
2.01.150 Bench Warrants. If a defendant fails to appear forarraignment or trial at the time or place required in thesummons or other notice or otherwise fails to appear asrequired by statute/ rule or ordinance or by the Court, orfails to pay any fine or costs or obey any lawful order of theCourt, the Court may issue a bench warrant directed to any lawenforcement officer, commanding such officer to apprehend thedefendant and bring the defendant forthwith before the Court.
2*01.160 Contempt Power. When the Court finds any person tobe in contempt, the Court may vindicate its dignity byimposing on the contemnor a fine and/or imprisonment as metforth in this Chapter.
2.01.170 Civil Infractipns.. Notwithstanding any provisioncontained in this Code, all violations of any provision of thecharter or ordinances of the Town of Gypsum or its MunicipalCode, including Codes adopted by reference, for which a fineonly is established as a penalty for the violation thereof,shall constitute civil matters and not criminal violations.Civil infractions shall be tried only to the Municipal Judge.In such cases, defendants shall have no right to a jury trialas contemplated by Section 13-10-114, C.R.S. or Rule 223 ofthe Colorado Rules of Municipal Court Procedure.
2.01.180 Call For Jury. In all trials where the defendanthas the right to, and has properly requested, a jury trial,the Court Cleric shall summon prospective jurors.
A. Jurors shall be residents of the Town, at leasttwenty-one (21) years of age, and shall not have beenconvicted of a felony.
B. Should a person fail to appear or be excused by theCleric after being summoned to appear as a juror, theMunicipal Judge shall have the power to issue anattachment, directed to any law enforcement officer tobring the summoned juror before the Court to show causewhy he or she should not be punished by contempt.
C. Jurors shall be paid the sum of six dollars ($6*00)per day for actual jury service and three dollar ($3 00)per day for service on the jury panel alone.
2.01.190 Plea Agreements.
A. IP General. where it appears that the efficientadministration of criminal justice will be served, theCity Attorney may engage in plea discussions for thepurpose of reaching a plea agreement* A plea agreementshall be discussed and reached in accordance with theprovisions of C.R.S. 16-7-301 et. seq., as amended.
B. Deferred Prosecution. The Court may, prior to theentry of a plea of guilty and with the consent of thedefendant, his attorney and the City Attorney, order theprosecution of the offense to be deferred for a periodnot to exceed one (1) year. During such tine, the Courtnay place the defendant on supervised or unsupervisedprobation on such reasonable terms and conditions as thedefendant, his attorney and the City Attorney may agree;however, no jail time may be imposed as a condition ofsuch deferred prosecution.
C. Deferred Sentence. In any case in which thedefendant has entered a plea of guilty, the court hasthe power, with the written consent of the defendant, hisattorney and the City Attorney, to continue the case fora period not to exceed one (1) year from the date ofentry of such plea for the purpose of entering judgmentand sentence upon such plea of guilty. During such time,the Court may place the defendant on supervised orunsupervised probation on such reasonable terms andconditions as the defendant, his attorney and the cityAttorney may agree; however, the Court may, as anadditional condition of such deferred sentence, committhe defendant to jail, during such deferred period oftime, for a period of time not to exceed ten (10) days.Such commitment, at the Court's discretion, need to beserved on consecutive days.
D. Dismissal of Action or Revocation. Any charge(s)deferred pursuant to subsections 2.01.190 8. and c. ofthis section shall be dismissed, with prejudice, upon thedefendant's satisfactory completion of the period ofprobation. If the conditions imposed on the defendantpursuant to subsection 2.01.190 B. and C. of this sectionare violated, the City Attorney may file a motion torevoke the deferred prosecution or sentence* Thedetermination of whether or not a violation has occurredshall be made by the Court after a hearing held uponnotice of the same of not less than five (5) days, unlesssuch notice is waived, to the defendant and his attorneyof record. The motion to revoke the deferred prosecutionshall be made during the period of probation or withinthirty (30) days thereafter* The burden of proof at suchhearing shall be by a preponderance of the evidence, andthe defendant shall be granted procedural due processrights.
*2.01.200 Imposition of. Court Costs. The Municipal Judge isempowered, in his discretion, to assess the following costsagainst any defendant who is found guilty of violating any
provision of the Gypsum Municipal Code or any of theordinances of the Town or against any defendant who is granteda deferred prosecution or deferred sentence:
A. Court Costs. Court costs of fifteen dollars($15.00) nay be assessed against every defendant who isfound guilty or who has pled guilty or no contest to anyordinance or Charter violation;
B. Witness F£$.e. Three dollars ($3.00) per day or partof a day in which the witness is actually in court plusmileage of $0.15 per mile for each mile actually andnecessarily traveled from the witness's residence to theCourt;
C. Bench Warrant Fee. Fifteen dollars ($15.00) perwarrant issued plus any costs incurred for transportingthe defendant from his place of arrest to the Town ofGypsum;
D. Probationary or Other Services. Actual costsincurred either by the Town or the defendant forprobationary or treatment services for the defendant oruseful public service by the defendant as such may beordered by the Court;
E. Letter Fee. Five dollars ($5.00) per letter for anyletter sent to a defendant where the defendant has failedto respond to a written notice of Court or a summons.Such letter fee shall not limit the Court's ability tofine or sentence a defendant for contempt for suchfailure to respond; and
F. Jd.il Costs. Actual per day cost charged to the Townby the Eagle County Jail or Eagle County Sheriff for eachday a defendant is sentenced to jail.
2.01.210 Restitution.. The Municipal Judge is empowered toorder a defendant who is found guilty of violating anyprovision of the Gypsum Municipal Code or any of theordinances of the Town or who is granted a deferredprosecution or deferred sentence to make restitution., orreparation, or both, to the victim of the defendant's conductfor the damage or injury which was sustained.
2.01.220 Probatj.or?. The Municipal Judge is empowered toplace a defendant who is found guilty of violating anyprovision of the Gypsum Municipal Code or any of theordinances of the Town or who is granted a deferredprosecution or deferred sentence on probation for a period notto exceed on* (1) year. Such probation may be supervised orunsupervised and may be made conditional upon the successful
6
JUL 26'94 16=1 R COLLINS AND COCKREL 303 986 1755 TO 13035247522 P.10/11
completion of reasonable terms and conditions. Revocation ofprobation shall occur in th« same manner as revocation of adeferred prosecution or deferred sentence. The MunicipalJudge is empowered to utilize such probationary services asare provided by the Town Council or with which the court maycontract at no cost to the Town.
2.01.230 noarceration of Certain Offenders in Eagle CountyiaiJL- Each person sentenced to jail by the Municipal Courtshall serve the sentence in the Eagle County Jail pursuant tointergovernmental agreement between the Town and the County,and shall be entitled to the same treatment as those prisonersin the Eagle county Jail sentenced for violations of criminalstatutes of the State of Colorado.
hearing on thisap-f- 1994 at
7:00 PM at the Town Council Chambers, Gypsum Town Hall, Gypsum,Colorado.
SECTION 3 - PUBLIC HEARINGordinance shall be held on the
A public£ day of
SECTION 4 ~ EFFECTIVE DATE; This ordinance shall becomeeffective as a permanent ordinance five days after publicationfollowing final passage.
SECTION 5 - SEVERABILITYi If any portion of this Ordinance isfound to be void or ineffective, it shall be deemed severed fromthis Ordinance and the remaining provisions shall remain valid andin full force and effect.
INTRODUCED, READ, AND ORDERED PUBLISHED BY THE TOWN COUNCIL OFTHE TOWN OF GYPSUM, COLORADO, UPON A MOTION DULY MADE, SECONDED ANDPASSED AT ITS REGULAR MEETING HELD AT THE TOWN OF GYPSUM, ON THE_!_: DAY OP ftut^ 1994, BY A VOTE OF JJT IN FAVORAND ft A&AINST. & /?tee*f-
- gftT"FINALLY ADOPTED, PASSED AND APPROVED ON -Jg£> I ' D 1994.
TOWN OF GYPSUM
By:Michael Suriano, Mayor
ATTEST:
By:.ruii M. y.aifjl»y, Town Clark
TOWN OF GYPSUM
PUBLIC NOTICE
This is to give notice that on September 13, 1994, the Town Council of the Town of Gypsumapproved and passed the following Ordinances:
ORDINANCE NO. 7, 1994 - AN EMERGENCY ORDINANCE ANNEXINGCERTAIN LANDS KNOWN AS THE COTTON RANCH ANNEXATION, TO THE TOWNOF GYPSUM, COLORADO.
ORDINANCE NO. 11, 1994 - AN ORDINANCE ESTABLISHING A MUNICIPALCOURT SYSTEM FOR THE TOWN OF GYPSUM, COLORADO, AND PROVIDING FORIT&FUNCTIONS AND DUTIES.
XJ
SANDRA OLESENDEPUTY TOWN CLERK
TOWN OF GYPSUM
PUBLIC NOTICE
This is to give notice that the following Ordinance was approved on First Reading and aPublic Hearing will be held on September 13, 1994, at 7:00 p.m. at the Gypsum Town Hall,300 First Street, Gypsum, Colorado.
ORDINANCE 11, 1994 - AN ORDINANCE ESTABLISHING A MUNICIPALCOURT SYSTEM FOR THE TOWN OF GYPSUM, COLORADO, AND PROVIDINGFOR ITS FUNCTIONS AND DUTIES.
The text of this Ordinance is available for public inspection at the office of the Town Clerk,300 First Street, Gypsum, Colorado, on Monday through Friday between the hours of 8:00a.m. and 5:00 p.m.
•*• i
Sharon KeigleyTown Clerk
TOWN OF GYPSUM
PUBLIC NOTICE
This is to give notice that on September 13, 1994, the Town Council of the Town of Gypsumapproved and passed the following Ordinance:
TO: Members of the Town CouncilJeff Shroll, Town ManagerTown of Gypsj
FROM: Robert G.
REi Draft Municipal Court Ordinance
Enclosed for your consideration is a draft ordinanceestablishing a Municipal Court for the Town of Gypsum. The Courtwould have jurisdiction over violations of any provision of theGypsum Municipal Code. Jeff and X have discussed that the Courtwould initially be used primarily for enforcement of nuisance andzoning violations. Because most cases would be initiated by theTown Manager by issuing a summons/ he will have some control overthe case load and thus limited control over the costs associatedwith the court. If you wish to pursue this ordinance I will haveit reviewed by an existing Municipal Judge for comments prior tofinal adoption.
Discussion
The ordinance establishes the Municipal Court as a court ofrecord. In all trials a verbatim recording will have to be kept,either electronically or stenographically. Also, the MunicipalJudge will have to be a practicing attorney. By establishing,.theMunicipal Court as a court of record, appeals of the MunicipalCourt's decision are taken to the District Court and are limited towhether the Municipal Judge's decision is supported by the recordof the proceeding. Without a court of record, appeals are talten toCounty Court and require a new trial*
I have attempted to define the nuisance violations as civilmatters, which allows the Court to utilize its equitable powers torequire abatement/ and enforce the same by contempt. Subsequentrevisions to other provisions of the Municipal Code may be requiredto ensure that various violations are deemed civil matters that canbe considered in a similar manner.
Members of the Town CouncilJeff Shroll, Town ManagerJuly 26 / 1994Page 2
Another advantage of having Municipal Code violationsconstitute civil matters is that trial is to the Judge* A jurytrial would not be allowed. This will save costs and time, andallow most of the nuisance and zoning matters to be prosecuted bythe Town Manager with ny assistance as necessary.
Although I anticipate that only a single Municipal Judge willbe required, I have also provided for the appointment of assistantand substitute Municipal Judges. Payment of the presidingMunicipal Judge and assistant Judges must be based on a fixedannual amount, payable monthly. This amount should be based on theprojected caseload, and consider the additional time that willinitially be required to get the court set up. Only substituteMunicipal Judges may be paid based upon the number of courtsessions served.
The ordinance gives the Municipal Judge the power toincarcerate. As you are aware/ the Town of Gypsum does not have ajail facility. In order to make the Municipal Court effective/ theMunicipal Judge should have the practical ability to jail personsfound in contempt, and criminal violators of the Municipal code.I recommend that you enter into an agreement with Eagle County toallow the use of their facilities when the same is necessary(children under the age of 18 can only be held at a youthfacility.) This agreement could also provide for citation by theSheriff's Department of Municipal Code violations into theMunicipal Code.
If you adopt the ordinance/ you will have to appoint aMunicipal Judge. I recommend that you advertise locally and sendnotice to all local Municipal Judges* You will also have toappoint a Municipal Court Clerk. This position should not requirea significant amount of time once the Municipal court is set up.It may be possible to utilize existing Town employees for thisposition. .
Please let me know if you have any questions or comments.
Enclosure
TOWN OF GYPSUM
PUBLIC NOTICE
This is to give notice that the following Ordinance was approved on First Reading and aPublic Hearing will be held on September 13, 1994, at 7:00 p.m. at the Gypsum Town Hall,300 First Street, Gypsum, Colorado.
ORDINANCE 11, 1994 - AN ORDINANCE ESTABLISHING A MUNICIPALCOURT SYSTEM FOR THE TOWN OF GYPSUM, COLORADO, AND PROVIDINGFOR ITS FUNCTIONS AND DUTIES.
The text of this Ordinance is available for public inspection at the office of the Town Clerk,300 First Street, Gypsum, Colorado, on Monday through Friday between the hours of 8:00a.m. and 5:00 p.m.
.230 Incarceration of Certain Offenders in Eagle CountyJail.
2.01.010 Municipal Court Created.There is hereby created and established a Qualified Municipal
Court for the Town of Gypsum. (Ord. 11 series 1994 S2)
2.01.020 Definitions.As used in this Chapter:A. "Municipal Court" shall mean a Qualified Municipal Court of
Record as defined in Section 13-10-102, C.R.S.B. "Municipal Judge" shall mean and include the presiding
Municipal Judge and all assistant and substitute Municipal Judges,unless the context requires otherwise. (Ord. 11 series 1994 S2)
2.01.030 Appointment of Municipal Judges.The Town Council, by resolution, shall appoint the presiding
Municipal Judge for a term of two (2) years to preside over theMunicipal Court, although the initial appointment shall be for a termof office which expires on the date of the next election of the TownCouncil. Assistant Judges and substitute Judges may be appointed bythe Town Council for a term as necessary to transact the business ofthe Court. Upon a vacancy in the position of the presiding MunicipalJudge, the Town Council can appoint a new presiding Municipal Judgefor the remainder of the unexpired term. (Ord. 11 series 1994 S2)
2.01.040--2.01.090
2.01.040 Qualifications of Judges.A Municipal Judge shall be admitted to, and currently licensed
in, the practice of law in Colorado. (Ord. 11 series 1994 S2)
2.01.050 Compensation of Judge.The compensation of the Municipal Judge, except substitute
Judges, shall be an annual salary in a amount set by the Town Councilin the appointing resolution, and payable monthly. Compensation ofsubstitute Judges shall be set by the appointing resolution and may bebased upon the number of court sessions served. (Ord. 11 series 1994S2)
2.01.060 Oath of Office.Before entering upon the duties of office, a Municipal Judge
shall take an oath of affirmation, given by the Mayor or the Mayor ProTern, that he or she will support the Constitution and laws of theUnited States, the Constitution and laws of the State of Colorado, andthe laws of the Town, and will faithfully perform the duties ofoffice. (Ord. 11 series 1994 S2)
2.01.070 Removal of Judge.A Municipal Judge may be removed during his or her term of office
only for cause. A Judge may be removed for cause for:A. Conviction of a felony or any other crime involving moral
turpitude;B. Any disability which renders the Judge unable to perform the
essential job functions;C. Willful or persistent failure to perform his or her duties;D. Being a habitual intemperate.
(Ord. 11 series 1994 S2)
2.01.080 Jurisdiction.The Municipal Court has original jurisdiction of all civil and
criminal cases arising under this Code and other ordinances of theTown. (Ord. 11 series 1994 S2)
2.01.090 Powers..Unless otherwise limited by this Chapter, the Municipal Judge
shall have all legal and equitable powers necessary and appropriate toenforce the Court's orders, judgments and decrees, and to theoperation of the Municipal Court, including but not limited to thepower:
A. To enforce subpoenas issued by any board, commission,officer, or other body of the Town authorized by law or ordinance toissue subpoenas, by imposing fines and penalties;
B. To assess and collect civil penalties;C. To order and enforce by contempt the abatement of nuisances
and violation of zoning regulations;D. To issue search warrants;E. To summon and compel the attendance of jurors;F. To punish violations of the Gypsum Municipal Code and
contempt of the Municipal Court by a fine not to exceed one thousanddollars or by incarceration for a period not to exceed one year, orboth, except that confinement of any child under the age of eighteenshall be limited as provided by Section 13-10-113, C.R.S.; and
G. To perform other responsibilities prescribed by this Code andordinances of the Town. (Ord. 11 series 1994 S2)
5-1
2 . 01 . 100--2.01.170
2.01.100 Court Sessions.Regular sessions of the Municipal Court for the trial of cases
shall be fixed by the presiding Municipal Judge as necessary toefficiently manage the Court's docket. Special court sessions may beset at any time, including Sundays, holidays and nights. (Ord. 11series 1994 32)
2.01.110 Recording of Sessions.A verbatim record of the proceedings and evidence at trials shall
be kept by either electric devices or stenographic means. (Ord. 11series 1994 S2)
2.01.120 Rules of Procedure.Unless otherwise provided in this Chapter, the Municipal Court
shall be governed by the Colorado Municipal Court Rules of Procedure.The presiding Municipal Judge may issue local rules of procedureconsistent with rules of procedure adopted by the Colorado SupremeCourt and provisions of the Gypsum Municipal code. (Ord. 11 series1994 S2)
2.01.130 Court Clerk.The Town Council shall appoint a Municipal Court Clerk, whose
duties shall be those assigned by the presiding Municipal Judge andlocal rules. (Ord. 11 series 1994 S2)
2.01.140 Monthly Accounting bv Court Clerk.The Court Clerk shall file monthly reports with the Town Clerk of
all moneys collected. (Ord. 11 series 1994 S2)
2.01.150 Bench Warrants.If a defendant fails to appear for arraignment or trial at the
time or place required in the summons or other notice or otherwisefails to appear as required by statute, rule or ordinance or by theCourt, or fails to pay any fine or costs or obey any lawful order ofthe Court, the Court may issue a bench warrant directed to any lawenforcement officer, commanding such officer to apprehend thedefendant and bring the defendant forthwith before the Court. (Ord.11 series 1994 S2)
2.01.160 Contempt Power.When the Court finds any person to be in contempt, the Court may
vindicate its dignity by imposing on the contemnor a fine and/orimprisonment as set forth in this Chapter. (Ord. 11 series 1994 S2)
2.01.170 Civil Infractions.Notwithstanding any provision contained in this Code, all
violations of any provision of the charter or ordinances of the Townof Gypsum or its Municipal Code, including Codes adopted by reference,for which a fine only is established as a penalty for the violationthereof, shall constitute civil matters and not criminal violations.Civil infractions shall be tried only to the Municipal Judge. In suchcases, defendants shall have no right to a jury trial as contemplatedby Section 13-10-114, C.R.S. or Rule 223 of the Colorado Rules ofMunicipal Court Procedure. (Ord. 11 series 1994 S2)
5-2
2.01.180--2.01.190
2.01.180 Call For Jury.In all trials where the defendant has the right to, and has
properly requested, a jury trial, the Court Clerk shall summonprospective jurors.
A. Jurors shall be residents of the Town, at least twenty-one(21) years of age, and shall not have been convicted of a felony.
B. Should a person fail to appear or be excused by the Clerkafter being summoned to appear as a juror, the Municipal Judge shallhave the power to issue an attachment, directed to any law enforcementofficer to bring the summoned juror before the Court to show cause whyhe or she should not be punished by contempt.
C. Jurors shall be paid the sum of six dollars ($6.00) per dayfor actual jury service and three dollars ($3.00) per day for serviceon the jury panel alone. (Ord. 11 series 1994 S2)
2.01.190 Plea Agreements.A. In General. Where it appears that the efficient
administration of criminal justice will be served, the City Attorneymay engage in plea discussions for the purpose of reaching a pleaagreement. A plea agreement shall be discussed and reached inaccordance with the provisions of C.R.S. 16-7-301 et. seq., asamended.
B. Deferred Prosecution. The Court may, prior to the entry of aplea of guilty and with the consent of the defendant, his attorney andthe City Attorney, order the prosecution of the offense to be deferredfor a period not to exceed one (1) year. During such time, the Courtmay place the defendant on supervised or unsupervised probation onsuch reasonable terms and conditions as the defendant, his attorneyand the City Attorney may agree; however, no jail time may be imposedas a condition of such deferred prosecution.
C. Deferred Sentence. In any case in which the defendant hasentered a plea of guilty, the court has the power, with the writtenconsent of the defendant, his attorney and the City Attorney, tocontinue the case for a period not to exceed one (1) year from thedate of entry of such plea for the purpose of entering judgement andsentence upon such plea of guilty. During such time, the Court mayplace the defendant on supervised or unsupervised probation on suchreasonable terms and conditions as the defendant, his attorney and theCity Attorney may agree; however, the Court may, as an additionalcondition of such deferred sentence, commit the defendant to jail,during such deferred period of time, for a period of time not toexceed ten (10) days. Such commitment, at the Court's discretion,need to be served on consecutive days.
D. Dismissal of Action or Revocation. Any charge(s) deferredpursuant to subsections 2.01.190 B. and C. of this section shall bedismissed, with prejudice, upon the defendant's satisfactorycompletion of the period of probation. If the conditions imposed onthe defendant pursuant to subsection 2.01.190 B. and C. of thissection are violated, the City Attorney may file a motion to revokethe deferred prosecution or sentence. The determination of whether ornot a violation has occurred shall be made by the Court after ahearing held upon notice of the same of not less than five (5) days,unless such notice is waived, to the defendant and his attorney ofrecord. The motion to revoke the deferred prosecution shall be madeduring the period of probation or within thirty (30) days thereafter.
5-3
2.01.200--2.01.220
The burden of proof at such hearing shall be by a preponderance of theevidence, and the defendant shall be granted procedural due processrights. (Ord. 11 series 1994 S2)
2.01.200 Imposition of Court Costs.The Municipal Judge is empowered, in his discretion, to assess
the following costs against any defendant who is found guilty ofviolating any provision of the Gypsum Municipal Code or any of theordinances of the Town or against any defendant who is granted adeferred prosecution or deferred sentence:
A. Court Costs. Court costs of fifteen dollars ($15.00) may beassessed against every defendant who is found guilty or who has pledguilty or no contest to any ordinance or Charter violation;
B. Witness Fees. Three dollars ($3.00) per day or part of a dayin which the witness is actually in court plus mileage of $.015 permile for each mile actually and necessarily traveled from thewitness's residence to the Court;
C. Bench Warrant Fee. Fifteen dollars ($15.00) per warrantissued plus any costs incurred for transporting the defendant from hisplace of arrest to the Town of Gypsum;
D. Probationary or Other Services. Actual costs incurred eitherby the Town or the defendant for probationary or treatment servicesfor the defendant or useful public service by the defendant as suchmay be 'ordered by the Court ;
E. Letter Fee. Five dollars ($5.00) per letter for any lettersent to a defendant where the defendant has failed to respond to awritten notice of Court or a summons. Such letter fee shall not limitthe Court's ability to fine or sentence a defendant for contempt forsuch failure to respond; and
F. Jail Costs. Actual per day cost charged to the Town by theEagle County Jail or Eagle County Sheriff for each day a defendant issentenced to jail. (Ord. 11 series 1994 S2)
2.01.210 Restitution.The Municipal Judge is empowered to order a defendant who is
found guilty of violating any provision of the Gypsum Municipal Codeor any of the ordinances of the Town or who is granted a deferredprosecution or deferred sentence to make restitution or reparation, orboth, to the victim of the defendant's conduct for the damage orinjury which was sustained. (Ord. 11 series 1994 S2)
2.01.220 Probation.The Municipal Judge is empowered to place a defendant who is
found guilty of violating any provision of the Gypsum Municipal Codeor any of the ordinances of the Town or who is granted a deferredprosecution or deferred sentence on probation for a period not toexceed one (1) year. Such probation may be supervised or unsupervisedand may be made conditional upon the successful completion ofreasonable terms and conditions. Revocation of probation shall occurin the same manner as revocation of a deferred prosecution or deferredsentence. The Municipal Judge is empowered to utilize suchprobationary services as are provided by the Town Council or withwhich the Court may contract at no cost to the Town. (Ord. 11 series1994 32)
5-4
2.01.230 Incarceration of Certain Offenders in Eagle County Jail,Each person sentenced to jail by the Municipal Court shall serve
the sentence in the Eagle County Jail pursuant to intergovernmentalagreement between the Town and the County, and shall be entitled tothe same treatment as those prisoners in the Eagle County Jailsentenced for violations of criminal statutes of the State ofColorado. (Ord. 11 series 1994 S2)
5-5
TOWN OF GYPSUM, COLORADO
ORDINANCE NO.(Series 1994)
AN ORDINANCE ANNEXING CERTAIN LAND KNOWN AS THEANNEXATION, APPROXIMATELY
IZ3 _ ACRES TO THE TOWN OF GYPSUM, COLORADO.
WHEREAS, a petition for the annexation of a tract of landknown as the cccW f<> \'ie v T^xm hnuse. . ANNEXATION, described onExhibit A attached hereto and incorporated herein by thisreference, has been submitted to the Town of Gypsum and has beenfound by the TOWN COUNCIL to be in substantial compliance withSection 31-12-107(7), C.R.S.; and
WHEREAS, said petition has been signed by the owners of 100%of the area proposed to be annexed exclusive of streets andalleys; and
WHEREAS, all applicable requirements of the Gypsum MunicipalCode have been fulfilled; and
WHEREAS, the property is eligible for annexation inaccordance with the Municipal Annexation Act of 1965, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THETOWN OF GYPSUM, COLORADO, as follows:
1. The property known as the Sanl°^fni&-r~TouJr\lymsasANNEXATIONis hereby annexed to the Town of Gypsum, Colorado.
2. The annexation of said land is subject to the terms andconditions of that Annexation Aajnaemenfe—dated 'nes /t ioo &ZZ..1994, between the Town of Gypaum and .
3. The annexation of said land to the Town of Gypsum,Colorado shall be complete and effective upon the effective dateof this Ordinance, except that as to General Property Taxes saidannexation shall be effective on and after the first day ofJanuary, 199_.
4. That within thirty (30) days after the effective date ofthis Ordinance, the Town Clerk shall:
a. File one copy of the annexation map with the original ofthe Annexation Ordinance in the office of the Town Clerkof the Town of Gypsum, Colorado.
b. File two certified copies of the Annexation Ordinanceand map of the area annexed containing a legaldescription of such area with the County Clerk andRecorder.
INTRODUCED, READ, AND ORDERED PUBLISHED BY THE TOWN COUNCIL OFTHE TOWN OF GYPSUM, COLORADO, AT ITS REGULAR MEETING HELD AT THETOWN OF GYPSUM, ON /i/atJ.
TOWN OF GYPSUM
BY:Michael Suriano, Mayor
ATTEST:
Sharon M. Keigl Clerk
199 4.FINALLY, adopted, passed, and approved on
ATTEST:
Sharon M. Keigle
TOWN OF GYPSUM
BY :Michael Suriano, Mayor
TOWN OF GYPSUM, COLORADO
ORDINANCE NO.(Series 1994)
AN ORDINANCE ANNEXING CERTAIN LAND KNOWN AS THE1<4*X_ ANNEXATION. APPROXIMATELY
ACRES TO THE TOWN OF GYPSUM, COLORADO.
WHEREAS, a petition for the annexation of a tract of landknown as the \hl(p\j fl\rfar\- -TtWe.l / + ZL ANNEXATION, described onExhibit A attached hereto and incorporated herein by thisreference, has been submitted to the Town of Gypsum and has beenfound by the TOWN COUNCIL to be in substantial compliance withSection 31-12-107(7), C.R.S.; and
WHEREAS, said petition has been signed by the owners of 100%of the area proposed to be annexed exclusive of streets andalleys; and
WHEREAS, all applicable requirements of the Gypsum MunicipalCode have been fulfilled; and
WHEREAS, the property is eligible for annexation inaccordance with the Municipal Annexation Act of 1965, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THETOWN OF GYPSUM, COLORADO, as follows:
1 . The property known as the \/T//PI/ /rtr/tovk JJ^ ANNEXATIONis hereby annexed to the Town of Gypsum, Colorado. '
2. The annexation of said land is subject tp the terms andconditions of that Annexation Agreement dated AwJL> 7 _ ,1994, between the Town of Gypsum and Q-\\ kav+ ~G~\otd
3 . The annexation of said land to the Town of Gypsum,Colorado shall be complete and effective upon the effective dateof this Ordinance, except that as to General Property Taxes saidannexation shall be effective on and after the first day ofJanuary, 199__.
4. That within thirty (30) days after the effective date ofthis Ordinance, the Town Clerk shall:
a. File one copy of the annexation map with the original ofthe Annexation Ordinance in the office of the Town Clerkof the Town of Gypsum, Colorado.
b. File two certified copies of the Annexation Ordinanceand map of the area annexed containing a legaldescription of such area with the County Clerk andRecorder.
INTRODUCED, READ, AND ORDERED PUBLISHED BY THE TOWN COUNCIL OPTHE TOWN OF GYPSUM, COLORADO, AT ITS REGULAR MEETING HELD AT THETOWN OF GYPSUM, ON A/ni)<°vY> (oe r /£~ 199$.
ATTEST:
haron M. Keigley,\T>
BY:
TOWN OF GYPSUM
£.<Michael Suriano, Mayor
199*/.FINALLY, adopted, passed, and approved on Jj,
T
TOWN OF GYPSUM
Michael Suriano, Mayor
ATTEST:
aron M. Keigley,
TOWN OF GYPSUM
ORDINANCE NO.14SERIES 1994
AN ORDINANCE SUMMARIZING EXPENDITURES AND REVENUES FOR EACHFUND, AND ADOPTING A BUDGET FOR THE TOWN OF GYPSUM, COLORADO,FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY,1995, AND ENDING ON THE LAST DAY DECEMBER, 1995.
WHEREAS, a proposed budget has been submitted to this governing body on October 11,1994, for its consideration, and;
WHEREAS, upon due and proper notice, published or posted in accordance with the law,said proposed budget was open for inspection by the public at a designated place, a publichearing was held on December 13, 1994, and interested taxpayers were given the opportunityto tile or register any objections to said budget, and;
WHEREAS, the budget has been prepared to comply with all terms, limitations andexemptions, and laws or obligations which are applicable to or binding upon the Town; and
WHEREAS, reserves are hereby established for each fund or combined as a single reservefund as set forth in the budget in order to preserve the spending exemption for reserves underAmendment 1, and all 1994 end of year fund balances and reserves shall be deemedautomatically transferred or expended into such reserve funds, and all such end of 1995 fundbalances and reserves shall likewise be transferred or expended into such reserves.
WHEREAS, whatever increases may have been made in expenditures, like increases wereadded to the revenues so that the budget remains in balance as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWNOF GYPSUM, COLORADO:
The estimated expenditures for each fund as follows:
GENERAL FUND $581,619
WATER FUND $1,181,675
SEWER FUND $157,889
CONSERVATION TRUST FUND $28,142
TRASH SERVICE FUND $108,882
The estimated revenues for each fund are as follows:
GENERAL FUND $581,619
WATER FUND $1,181,675
SEWER FUND $157,889
CONSERVATION TRUST FUND $28,142
TRASH SERVICE FUND $108,882
THAT the budget as submitted, amended, and hereinabove summarized by fund be, and thesame hereby is approved and adopted as the budget of the Town of Gypsum, for the yearstated above.
THAT the budget hereby approved and adopted shall be signed by Michael Suriano, Mayorand made a part of the public records of the Town.
INTRODUCED, READ AND ORDERED PUBLISHED by the Town Council of the TownCouncil of the Town of Gypsum, Colorado, at a regular meeting held at the Gypsum FireStation, on November 15, 1994.
\/\Ajf\AAi Y *^Michael Suriano, Mayor
ATTEST:
%<SJSSharon Keigliy, ^owzf'Clerk
FINALLY, ADOPTED PASSED AND APPROVED ON DECEMBER 13, 1994.
ATTEST:
laron Keigley, Town Cl^rk Michael Suriano, Mayor/ J
TOWN OF GYPSUM
PUBLIC NOTICE
This is to give notice that the following Ordinances was approved on First Reading and aPublic Hearing will be held on December 13, 1994, at 7:00 p.m. at the Gypsum Fire Station,511 Second Street, Gypsum, Colorado.
ORDINANCE 14, 1994 - AN ORDINANCE SUMMARIZING EXPENDITURESAND REVENUES FOR EACH FUND, AND ADOPTING A BUDGET FOR THETOWN OF GYPSUM, COLORADO FOR THE CALENDAR YEAR BEGINNINGON THE FIRST DAY OF JANUARY, 1995, AND ENDING ON THE LAST DAYOF DECEMBER, 1995.
ORDINANCE 15, 1994 - AN ORDINANCE APPROPRIATING SUMS OFMONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THEAMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW FOR THETOWN OF GYPSUM, COLORADO FOR THE 1995 BUDGET YEAR.
ORDINANCE 16, 1994 - AN ORDINANCE LEVYING GENERAL PROPERTYTAXES FOR THE YEAR 1994, TO DEFRAY THE COST OF GOVERNMENTFOR THE TOWN OF GYPSUM, COLORADO FOR THE 1995 BUDGETYEAR.
ORDINANCE 17, 1994 - AN ORDINANCE TO AMEND THE 1994 BUDGET OFTHE TOWN OF GYPSUM, COLORADO.(SUPPLEMENTAL APPROPRIATIONS)
The text of these Ordinances are available for public inspection at the office of the TownClerk, 300 First Street, Gypsum, Colorado, on Monday through Friday between the hours of8:00 a.m. and 5:00 p.m.
J^Sandra OlesenDeputy Town Clerk
TOWN OF GYPSUM
ORDINANCE NO. 15SERIES 1994
AN ORDINANCE APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDSAND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSES ASSET FORTH BELOW FOR THE TOWN OF GYPSUM, COLORADO FOR THE 1995BUDGET YEAR.
WHEREAS, the Town Council has adopted the annual budget in accordance with the localgovernment budget law, on December 13, 1994;
WHEREAS, the Town Council has made provisions therein for revenues in an amount equalto or greater than the total proposed expenditures as set forth in said budget, and;
WHEREAS, it is not only required by law, but also necessary to appropriate the revenuesprovided in the budget to and for the purposes described below, so as not to impair theoperations of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THETOWN COUNCIL FOR THETOWN OF GYPSUM: That the following sums are hereby appropriated from the revenuesof each fund to each fund for the purpose stated as indicated in the attached budget for 1995.
GENERAL FUND $ 581,619
WATER FUND $1,181,675
SEWER FUND $ 157,889
CONSERVATION TRUST FUND...S 28,142
TRASH SERVICE FUND $ 108,882
A public hearing on this Ordinance shall be held on the 13th day of December, 1994, at7 P.M. at the Town council Chambers on the Town of Gypsum, Colorado, 300 First Street.
INTRODUCED, READ AND ORDERED PUBLISHED by the Town Council of the Townof Gypsum, Colorado at its regular meeting held at the Gypsum Fire Station on the 15th dayof November 1994.
M.Michael Suriano, Mayor
ATTEST:
Sharon Keigley, frown Glerk
FINALLY, adopted, passed and approved on December 13, 1994.
Michael Suriano, Mayor
TOWN OF GYPSUM
PUBLIC NOTICE
This is to give notice that the following Ordinances was approved on First Reading and aPublic Hearing will be held on December 13, 1994, at 7:00 p.m. at the Gypsum Fire Station,511 Second Street, Gypsum, Colorado.
ORDINANCE 14, 1994 - AN ORDINANCE SUMMARIZING EXPENDITURESAND REVENUES FOR EACH FUND, AND ADOPTING A BUDGET FOR THETOWN OF GYPSUM, COLORADO FOR THE CALENDAR YEAR BEGINNINGON THE FIRST DAY OF JANUARY, 1995, AND ENDING ON THE LAST DAYOF DECEMBER, 1995.
ORDINANCE 15, 1994 - AN ORDINANCE APPROPRIATING SUMS OFMONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THEAMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW FOR THETOWN OF GYPSUM, COLORADO FOR THE 1995 BUDGET YEAR.
ORDINANCE 16, 1994 - AN ORDINANCE LEVYING GENERAL PROPERTYTAXES FOR THE YEAR 1994, TO DEFRAY THE COST OF GOVERNMENTFOR THE TOWN OF GYPSUM, COLORADO FOR THE 1995 BUDGETYEAR.
ORDINANCE 17, 1994 - AN ORDINANCE TO AMEND THE 1994 BUDGET OFTHE TOWN OF GYPSUM, COLORADO.(SUPPLEMENTAL APPROPRIATIONS)
The text of these Ordinances are available for public inspection at the office of the TownClerk, 300 First Street, Gypsum, Colorado, on Monday through Friday between the hours of8:00 a.m. and 5:00 p.m.
Sandra OlesenDeputy Town Clerk
Town of Gypsum
ORDINANCE NO. 16SERIES 1994
AN ORDINANCE LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 1994, TODEFRAY THE COST OF GOVERNMENT FOR THE TOWN OF GYPSUM, COLORADO,FOR THE 1995 BUDGET YEAR.
WHEREAS, The Town Council of the Town of Gypsum will adopt theannual budget in accordance with the local government budget law,on the 13th day of December, 1994, and ;
WHEREAS, the 1994 valuation for assessment for the Town ofGypsum, as certified by the County Assessor, is $16,758,130.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OFGYPSUM, COLORADO;
That for the purpose of meeting all general operation expenses ofthe Town of Gypsum during the 1995 budget Year, there is herebylevied a tax of 5.094 mills upon each dollar of total valuationfor assessment of all taxable property within the Town of Gypsum,as hereabove determined and set, and;
That for the purpose of meeting the expenses of providing animalcontrol for the Town of Gypsum during the 1995 Budget Year, thereis hereby levied a tax of .510 mills upon each dollar of totalvaluation for assessment of all taxable property within the Townof Gypsum, as approved at a Special Municipal election held onNovember 2, 1993, and as hereabove determined and set, and;
That for the purpose of meeting the expenses of constructing abicycle and pedestrian path within the Town of Gypsum during the1995 Budget Year, there is hereby levied a tax of 1.241 millsupon each dollar of total valuation for assessment of all taxableproperty within the Town of Gypsum, as approved at a SpecialMunicipal Election held on November 2, 1993, and as hereabovedetermined and set, and;
That for the purpose of meeting all debt retirement expenses ofthe Town of Gypsum for the water filtration system required bythe State of Colorado Health Department, there is hereby levied atax of 3.045 mills upon each dollar of total valuation forassessment of all taxable property within the Town of Gypsum, ashereabove determined and set, and;
'*•'•>
A Public Hearing of Ordinance shall ber held on the 13th day ofDecember, 1994, at 7 P.M. at the Town Council Chambers of theTown of Gypsum, Colorado, 300 first Street.
INTRODUCED, READ AND ORDERED PUBLISHED by the Town Council of theTown of Gypsum, Colorado, at its regular meeting held at theGypsum Fire Station, on November 15, 1994,
Michael Suriano, Mayor
ATTEST:
Sharon Keigley/'To/m ClerkV-
FINALLY, adopted, passed and approved on December 13, 1994.
ATTEST:
Sharon Keigley,
Michael Suriano, Mayor
TOWN OF GYPSUM
PUBLIC NOTICE
This is to give notice that the following Ordinances was approved on First Reading and aPublic Hearing will be held on December 13, 1994, at 7:00 p.m. at the Gypsum Fire Station,511 Second Street, Gypsum, Colorado.
ORDINANCE 14, 1994 - AN ORDINANCE SUMMARIZING EXPENDITURESAND REVENUES FOR EACH FUND, AND ADOPTING A BUDGET FOR THETOWN OF GYPSUM, COLORADO FOR THE CALENDAR YEAR BEGINNINGON THE FIRST DAY OF JANUARY, 1995, AND ENDING ON THE LAST DAYOF DECEMBER, 1995.
ORDINANCE 15, 1994 - AN ORDINANCE APPROPRIATING SUMS OFMONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THEAMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW FOR THETOWN OF GYPSUM, COLORADO FOR THE 1995 BUDGET YEAR.
ORDINANCE 16, 1994 - AN ORDINANCE LEVYING GENERAL PROPERTYTAXES FOR THE YEAR 1994, TO DEFRAY THE COST OF GOVERNMENTFOR THE TOWN OF GYPSUM, COLORADO FOR THE 1995 BUDGETYEAR.
ORDINANCE 17, 1994 - AN ORDINANCE TO AMEND THE 1994 BUDGET OFTHE TOWN OF GYPSUM, COLORADO.(SUPPLEMENTAL APPROPRIATIONS)
The text of these Ordinances are available for public inspection at the office of the TownClerk, 300 First Street, Gypsum, Colorado, on Monday through Friday between the hours of8:00 a.m. and 5:00 p.m.n
Sandra OlesenDeputy Town Clerk
TOWN OF GYPSUM, COLORADO
ORDINANCE 17, 1994SERIES 1994
AN ORDINANCE TO AMEND THE 1994 BUDGET OF THE TOWN OF GYPSUM,COLORADO
WHEREAS, the Town of Gypsum, Colorado ("Town"), is a home rule municipality dulyorganized and existing under Article XX of the Colorado Constitution and the Town's HomeRule Charter effective October 21, 1982; and
WHEREAS, the members of the Town Council ("Council") have been duly elected, chosenand qualified; and
WHEREAS, Council appropriated funds for the fiscal year 1994 as follows:
General Fund $495,401.00Water Fund $400,023.00Sewer Fund $175,739.00Conservation Trust Fund $ 7,587.00Trash Service $145,195.00
WHEREAS, the necessity has arisen for additional expenditures in the General Fund andTrash Service Fund requiring the expenditure of funds in excess of those appropriated for thefiscal year 1994; and
WHEREAS, the unanticipated additional expenditures are contingencies which could not havebeen reasonably foreseen at the time of adiption of the budget; and
WHEREAS, funds are available for such expenditures from surplus funds available to theTown.
NOW, THEREFORE, BE IT ORDINADED BY THE TOWN COUNCIL OF THETOWN OF GYPSUM, COLORADO, that:
SECTION 1 - BUDGET AMENDMENT. The Budget for the fiscal year 1994 of the Townof Gypsum, Colorado, shall be and hereby is amended as follows:
General Fund $581,619.00Trash Fund $162,746.00Water Fund $500,000.00
SECTION 2 - APPROPRIATION. Such sums are hereby appropriated from the revenues ofthe Town to the proper funds for the purposes stated.
SECTION 3 - PUBLIC HEARING. A public hearing on this Ordinance shall be held onthe 13th, day of December, 1994 at 7:00 p.m. at the Gypsum Fire Station, 511 Second Street,Gypsum, Colorado.
SECTION 4 - EFFECTIVE DATE. This Ordinance shall become effective as a permentOrdinance five days after publication following final passage.
SECTION 5 - SEVERABILITY. If any portion of this Ordinance is found to be void orineffective, it shall be deemed severed from this Ordinance and the remaining provisions shallremain valid and and in full force and effect.
INTRODUCED, READ, AND ORDERED PUBLISHED BY THE TOWN COUNCIL OFTHE TOWN OF GYPSUM, COLORADO, UPON A MOTION DULY MADE,SECONDED AND PASSED AT ITS REGULAR MEETING HELD AT THE TOWN OFGYPSUM, ON THE 15TH DAY OF NOVEMBER, 1994, BY A VOTE OF J INFAVOR AND <Q AGAINST.
TOWN OF GYPSUM
ATTEST:
Sharon Keigley
Michael Suriano, Mayor
FINALLY ADOPTED. PASSED AND APPROVED ON DECEMBER 13. 1994.
Bv:Michael Suriano, Mayor
Sharon Keigley,
TOWN GYPSUMStreet
December 22, 1994
TO: Division of local Government1313 Sherman Street, Room 520Denver, Colorado 80203
Please replace the enclosed first page of Ordinance # 17, 1994 of the Town of Gypsum, withthis page.
I inadvertently sent you the draft page with the signature page. I apologize for anyinconvenience this may have caused.
Sharon Keigley,Town Clerk ^
Enclosure
TOWN OF GYPSUM
PUBLIC NOTICE
This is to give notice that the following Ordinances was approved on First Reading and aPublic Hearing will be held on December 13, 1994, at 7:00 p.m. at the Gypsum Fire Station,5 1 1 Second Street, Gypsum, Colorado.
ORDINANCE 14, 1994 - AN ORDINANCE SUMMARIZING EXPENDITURESAND REVENUES FOR EACH FUND, AND ADOPTING A BUDGET FOR THETOWN OF GYPSUM, COLORADO FOR THE CALENDAR YEAR BEGINNINGON THE FIRST DAY OF JANUARY, 1995, AND ENDING ON THE LAST DAYOF DECEMBER, 1995.
ORDINANCE 15, 1994 - AN ORDINANCE APPROPRIATING SUMS OFMONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THEAMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW FOR THETOWN OF GYPSUM, COLORADO FOR THE 1995 BUDGET YEAR.
ORDINANCE 16, 1994 - AN ORDINANCE LEVYING GENERAL PROPERTYTAXES FOR THE YEAR 1994, TO DEFRAY THE COST OF GOVERNMENTFOR THE TOWN OF GYPSUM, COLORADO FOR THE 1995 BUDGETYEAR.
ORDINANCE 17, 1994 - AN ORDINANCE TO AMEND THE 1994 BUDGET OFTHE TOWN OF GYPSUM, COLORADO.(SUPPLEMENTAL APPROPRIATIONS)
The text of these Ordinances are available for public inspection at the office of the TownClerk, 300 First Street, Gypsum, Colorado, on Monday through Friday between the hours of8:00 a.m. and 5:00 p.m.
