Codes

Purpose | Enforcement | Definitions | Limits

Appeals | New Material | Penalties | Date and Effect

TITLE 6

FIRE CODE

Article 1. PURPOSE

6.1.1 Adoption of Uniform Fire Code. There is hereby adopted by the Pueblo West Metropolitan District for the purposes of proscribing regulations governing conditions hazardous to life and property from fire, hazardous materials, or explosion that certain Code known as the "Uniform Fire Code" including Appendices and Appendix Standards published by the International Fire Code Institute being particularly the 1997 edition thereof and the whole thereof, a copy of which has been and is now filed in the office of the Fire Chief of the Pueblo West etropolitan District and the same is hereby adopted as fully as if set out at length herein and from the date on which this resolution shall take effect the provisions thereof shall be controlling within the limits of the Pueblo West Metropolitan District.

Article 2. ENFORCEMENT.

6.2.1 The Uniform Fire Code is adopted herein and shall be enforced by the Fire Chief or the Fire Chief's designee of the Pueblo West Metropolitan District Fire Department.

6.2.2 The Fire Chief shall recommend to the District the employment of technical inspectors who, when such authorization is made, shall be selected based upon their fitness for the position.

Article 3. DEFINITIONS.

6.3.1 Wherever the word jurisdiction is used in the Uniform Fire Code, it is the Pueblo West Metropolitan District.

6.3.2 Where the party responsible for the enforcement of the Uniform Fire Code is given a title of Fire Marshall, the Fire Marshall shall be Fire Chief or the designee of the Fire Chief.

Article 4. ESTABLISHMENT OF LIMITS AND AREAS FOR STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVE GROUND TANKS, EXPLOSIVE AND BLASTING AGENTS, COMPRESSED NATURAL GAS, LIQUEFIED PETROLEUM GASES, FLAMMABLE CRYOGENIC FLUIDS AND HAZARDOUS MATERIALS IS TO BE PROHIBITED OR LIMITED.

When it is referred to the appropriate sections of the Uniform Fire Code concerning the storage of the above referenced materials, for commercial uses, and such storage is restricted to areas designated as industrial areas and shall be approved by the Fire Chief or his designee. 

Article 5. APPEALS.

Whenever the Chief or his designee disapprove an application or refuses to grant a permit applied for or when it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the Board of Directors of the Pueblo West Metropolitan District within 30 days from the date of the decision appealed.

Article 6. NEW MATERIALS, PROCESSES, OR OCCUPANCIES WHICH MAY REQUIRE PERMITS.

The District Manager and the Fire Chief shall act as a committee to determine and specify after giving effected persons an opportunity to be heard any new materials, processes, or occupancies for which permits are required in addition to those now enumerated in the Uniform Fire Code. The Fire Chief shall post such list in a conspicuous place at the Fire Department and distribute copies thereof to interested persons.

Article 7. PENALTIES.

6.7.1 Any person who violates any of the provisions of the Uniform Fire Code as adopted and amended herein or fails to comply therewith or who violates or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken or who fails to comply with such an order as affirmed or modified by the Board of Directors of the Pueblo West Metropolitan District or by a court of competent jurisdiction and within the required time shall severally for each and every such violation and non compliance respectively be guilty of a misdemeanor punishable by a fine of not less than $100.00 nor more than $300.00. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. Each day a violation is found shall constitute a separate offense.

6.7.2 The Board of Directors hereby declares that should any section, paragraph, sentence, or word of this Ordinance or the Uniform Fire Code as adopted herein be declared, for any reason, to be invalid it is the intent of the Board of Directors that it would have passed all other portions of this Ordinance independent of the elimination here from of any such portion as may be declared invalid.

Article 8. DATE AND EFFECT.

This resolution shall take effect and the Uniform Fire Code as adopted herein shall be in force from and after its approval as required by law.

REVISED: 7/28/98

Purpose | Adoption by Reference | Safety and Traffic Regulations | Speed Limits

TITLE 7

VEHICLE CODE

Article 1. PURPOSE.

7.1.1 Necessity. The Board believes that it is necessary to establish safety protection through traffic, speed and safety controls on the streets and highways within the District.

Article 2. ADOPTION BY REFERENCE.

7.2.1 Colorado Motor Vehicle Code. The Colorado Motor Vehicle Laws 1973 as amended, are hereby adopted as applicable to the District.

Article 3. SAFETY AND TRAFFIC REGULATIONS.

7.3.1 Authorized Agent. The District Manager shall be the authorized agent of the District in all matters relating to safety and traffic regulations, except as set forth below.

7.3.2 Manager's Authority. The District Manager shall have full authority to modify traffic regulations except speed limits, for the purpose of improving traffic flow and public safety on District streets when circumstances require such change. Modifications and changes in these traffic regulations shall remain in accordance with the Colorado Motor Vehicle Laws and any other policies or guidelines established by the Board and as set forth below.

Article 4. SPEED LIMITS.

7.4.1 Maximum Speed Limit. The maximum speed limit on all roads and streets within the District shall be at 35 miles per hour except as posted otherwise.

7.4.2 Board of Directors to Modify. The Board shall have authority to establish and modify maximum speed limits on various Pueblo West roads and streets when they determine the modification is necessary to establish a new reasonable and safe maximum speed limit.

7.4.3 Posting of Signs. Any modifications in the maximum speed limit established by the Board shall be effective upon posting of appropriate signs giving notice thereof to vehicle operators.

General Purpose | Definitions | Requirements | Exceptions

Disclosure of Interest | Enforcement | Advisory Opinion

Exemptions, Injunctions | Distribution | Separability

TITLE 3

A CODE OF ETHICS REGULATING THE CONDUCT OF DIRECTORS, OFFICERS AND EMPLOYEES OF THE PUEBLO WEST METROPOLITAN DISTRICT

Article 1. GENERAL PURPOSE.

3.1.1 The General Purpose of this Code of Ethics is to establish guidelines of ethical standards of conduct for all officials and employees of the District by setting forth those acts or actions that are incompatible with the best interests of the District, and by directing disclosure of such officials and employees of private financial or other interests in matters affecting the District.

Article 2. DEFINITIONS.

3.2.1 Business Entity. Any business, proprietorship, firm, partnership, person in representative or fiduciary capacity, association, venture, trust or corporation.

3.2.2 Interest. The direct or indirect pecuniary or material benefit accruing to a public officer or employee as a result of a contract or transaction which is or may be the subject of an official act or action by or with the District except for such contracts or transactions which by their terms and by the substance of their provisions confer the opportunity and right to realize the accrual of similar benefits to all other persons and/or property similarly situated.

For the purpose of this Title, a public officer or employee shall be deemed to have an interest in the affairs of:

a. Any person related to him by blood or marriage in a degree closer than the second degree of consanguinity or affinity (determined by the civil law method), and a divorce or separation between spouses shall not be deemed to terminate any such relationship;

b. Any person or business entity with whom a contractual relationship exists with the public officer or employee;

c. Any business entity in which the public officer or employee is an officer, director, or member having a financial interest in, or employed by;

d. Any business entity in which the stock of, or legal or beneficial ownership of, in excess of five percent (5%) of the total stock or total legal and beneficial ownership, is controlled or owned directly or indirectly by the public officer or employee.

3.2.3 Official Act or Action. Any legislative, administrative, appointive or discretionary act of any officer or employee of the District or any agency, board, committee or commission thereof.

3.2.4 Public Officer or Employee. Any person, officer or employee holding a position by election, appointment or employment in the service of the District, whether paid or unpaid, including members of any board, committee or commission thereof.

Article 3. REQUIREMENTS.

3.3.1 General. The requirements herein set forth shall constitute a code of ethics establishing reasonable standards and guidelines for the ethical conduct of public officers and employees of the District.

3.3.2 Interest in Contract or Transaction. No public officer or employee having the power or duty to perform an official act or action, related to a contract or transaction which is or may be the subject of an official act or action of the District, shall

a. Have or thereafter acquire an interest in such contract or transaction, or

b. Have an interest in any business entity representing, advising or appearing on behalf of, whether paid or unpaid, any person involved in such contract or transaction, or

c. Have solicited or accepted present or future employment with a person or business entity involved in such contract or transaction, or

d. Have solicited, accepted or granted a present or future gift, favor, service or thing of value from or to a person involved in such contract or transaction, or

e. Have encouraged, made or accepted any expert or unilateral application or communication where

a determination is to be made after a public hearing and such public employee fails to make the contents of the communication a part of the record.

3.3.3 Exemptions. The prohibition against gifts or favors in Article 3.3.2(d) of this title shall not apply to:

a. an occasional non-pecuniary gift, insignificant in value, or

b. an award publicly presented in recognition of public service, or

c. any gift which would have been offered or given to him if he were not an official or employee.

3.3.4 Preacquisition Of Interest. No public officer or employee, with respect to any contract or transaction which is or may be the subject of an official act or action of the District, shall acquire an interest in or affected by such contract or transaction at a time when the public employee believes or has reason to believe that it will directly or indirectly be affected by an official act or action of the District.

3.3.5 Disclosure Of Information. No public officer or employee with respect to any contract or transaction which is or may be the subject of an official act or action of the District, shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the District, or use such information to advance the financial or other private interest of himself or others.

3.3.6 Incompatible Service. No public officer or employee shall engage in or accept private employment or render service, for private interest, when such employment or service is incompatible with the proper discharge of judgment or action in the performance of his official duties, unless otherwise permitted by law and unless disclosure is made as provided in this code.

3.3.7 Appearances. No public officer or employee shall appear on behalf of any private person, other that himself, his spouse or minor children, before any District agency or Board. However, a member of the Board may appear before District agencies on behalf of his constituents in the course of his duties as a representative of the electorate or in the performance of public or civic obligations.

3.3.8 Public Contracts. No public officer or employee, who in his capacity as such officer or employee participates in the making of a contract in which he has a private pecuniary

interest, direct or indirect, or performs in regard to that contract some function requiring the exercise of discretion on his part, shall enter into any contract with the District unless:

a. The contract is awarded through a process of public and competitive bidding, or

b. The District's attorney or the Board of Directors waives the requirement of this Section after determining that it is in the best interest of the District to do so.

3.3.9 Special Treatment. No public officer or employee shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen.

3.3.10 Later Case Interest. No public officer or employee shall, after the termination of service or employment with the District, appear before any board, commission, committee or agency of the District for a period of two (2) years, in relation to any case, proceeding or application in which he personally participated during the period of his service or employment, or which was under his active consideration.

3.3.11 Employment of Elected Officials. No person occupying a position as an elected official shall hold a paid District position for a period of two (2) years subsequent to leaving elected office.

Article 4. EXCEPTIONS

3.4.1 It shall not be deemed a violation of the standards of this Title if the interest of a public officer or employee in a person or business entity is a contractual obligation of less than $500 which has not been preceded by any other obligation, discharged or existing, between the parties, and which is not the first in a series of two or more loans or debts which either of the parties is under an obligation to make or incur.

3.4.2 A commercially reasonable loan made in the ordinary course of business by an institution authorized by the laws of this State to engage is the making of such loans shall not be deemed to create an interest in violation of this Title.

3.4.3 A contract for a commercial retail sale, even though over the value of $500, shall not be deemed to create an interest in violation of this Title.

Article 5. DISCLOSURE OF INTEREST IN BOARD ACTION.

3.5.1 Any member of the Board who has a financial interest or personal interest in any proposed action before the Board shall, before any action is taken, disclose on the record of the Board the nature and extent of such interest.

3.5.2 Any other official or employee who has a financial or personal interest in any proposed Board action and who participates in discussion with or gives an official opinion or recommendation to the Board shall disclose on the record of the Board and nature and extent of such interest.

Article 6. ENFORCEMENT.

3.6.1 The Board shall have the primary responsibility for the enforcement of this Title. The Board shall have the power to investigate any complaint, to initiate any suit, and to prosecute any criminal or civil action on behalf of the District when a majority of the Board determines that such action is appropriate.

3.6.2 The Board may direct the District's attorney to investigate any apparent violation of this Title or it may employ or appoint any qualified attorney to investigate any violation or series of violations by one or more persons of this Title.

3.6.3 Any person who believes that a violation of any portion of this Title has occurred may file a complaint with the Board, who may thereafter proceed as above provided. However, nothing in this Title shall be construed to prevent complainants from instituting direct legal action through the appropriate judicial
authority.

Article 7. ADVISORY OPINIONS.

3.7.1 Where any public officer or employee has a doubt as to the applicability of any provision of this Title to a particular situation, or as to the definition of terms used herein, he may apply to the Board for an advisory direction and determination. The officer or employee shall have the opportunity to present his interpretation of the facts at issue and of the applicability of provisions of this Title before such advisory determination is made.

3.7.2 Such determination until amended or revoked shall be binding on the District and the Board in any subsequent actions concerning the public officer or employee who sought the opinion

and acted on it in good faith, unless material facts were omitted or misstated in the request for the advisory determination. Such advisory determination shall not be binding in any action initiated by any private citizen.

Article 8. EXEMPTION, INJUNCTION.

3.8.1 The Board may exempt from the provisions of this Title any conduct found to constitute a violation by a public officer or employee, if it finds that the enforcement of this provision of this Title with respect to such conduct is not necessarily in the public interest.

3.8.2 Any contract or transaction which was the subject of an official act or action of the District in which there is an interest prohibited by this Title, or which involved the violation of a provision of this Title, shall be voidable at the option of the District.

3.8.3 The Board shall have the power, where a violation of the provisions of this Title is threatened or has occurred, to bring civil action or proceeding at law or in equity for a judgment enjoining any violation of the provisions of this interest or the voiding of any such contract or transactions, taking into account the interest of the District and any third persons who may be injured thereby. Where the Board determines that the public interest may best be served by not voiding a contract or transaction entered into in violation of the provisions of this Title, such contract or transaction may be enforced and an action or proceeding may be brought against any public officer or employee found in violation of this Title for damages not to exceed the damages suffered by the District or twice the profit or gain realized by the public officer or employee, whichever is greater.

Article 9. DISTRIBUTION OF CODE OF ETHICS.

3.9.1 The Secretary to the Board shall cause a copy of this Title to be distributed to every public officer and employee of the District within (30) days after enactment. Each public officer and employee elected, appointed or engaged thereafter shall be furnished a copy before entering upon the duties of his office or employment.

Article 10. SEPARABILITY.

3.10.1 If any provision of this Title is found by a court of competent jurisdiction to be invalid or unconstitutional, or if the application of the provision of this Title to any person or

circumstances is found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Title which can be given effect without the invalid or unconstitutional provision or application.