Dolores, Colorado AGENDA  TOWN OF DOLORES COLORADO BOARD OF1 TRUSTEES MEETING/WORKSHOP NOVEMBER: 27TH, 2023, WORGOP/METNGI3OPM. THE MEETING WILLE BE HELD ATT TOWNI HALL 420 CENTRALA AVENUE.  IFYOUWISHT TOATTENDY VIRTUALLY, PLEASEV VISIT THET TOWNI WEBSITE UNDER GOVERNMENT TOWN BOARD MEETING FOR  THEZ ZOOMI LINK ttps//townotdolores.colorado.goy  WORKSHOP: 5:30p p.m.: 1. Streets: Snowr removal BOARD MEETING: 1.CALLTOORDER 2.PLEDGE OF ALLEGIANCE 3.ROLL CALL:  4,ACTION/APPROVALN OF THE AGENDA  5. IDENTIFICATION OF ACTUAL ORI PERCEIVED CONFLICTS OF INTEREST.  6.0 CITIZENS TO ADDRESS THE BOARD: Thisi is an opportunity for Citizens to address the Board att this time or duringa al Publick Hearing. Each Person will have! 5r minutes. The Town Boarde encourages public comment by thet following sources: Live at the Town Hall, virtually via ZOOM (see the Town Website for thel link), or bys submitting your comments, via email, to the Town Clerk att tamnyetowmoldolorescom 7.1 Application for a Special Eventf for the Dolores River Boating Advocates, tol be heldJ January2 26th, 2024, from! 5:00 p.m. to 11:00 p.m., att the Dolores Community Center, 400 Riverside Avenue.  anyt time before the dated Board meeting. 7.CONSENT AGENDA:  8.E BOARD MEMBERS COMMENTS ANDI REPORTS: (5 minutes only)  Leigh Reeves Sheila Wheeler Duvall" "Val" Truelsen Andy! Lewis Mark) Youngquist Chris Holkestad Kalin Grigg    9.STAFF REPORIS/PRESENTATIONS. 9.1 Manager Paul Ruud: 9.2 Attorney. Jon Kelly: 9.31 Treasurer Heather Robertson: 10. ADMINISTRATIVE BOARD BUSINESS: advertise tof fill the vacancy.  10.1 Discussion/Possible, Action: Update ont the Dolores Community Center transfer. 10.2 Action: Accept resignation of Planning & Zoning Committee member Melissa Watters and 11.1 Discussion/Possible Action: First reading of proposed Ordinance 567 Series 2023, amending Article 40 oft the Dolores Land Use Code pertaining tot the maximum number ofa alloweds short term 11.2 Discussion/Possible. Action: Resolution R562 Series 2023 referring tot the voters a measure under whicht the Town's: sales and use taxi rate will bei increased ands setting the ballot title and ballot 11.3 Action/Approval: Resolution R563 Series 2023 Submittinga al Ballot Question tot the registered electors oft the Town of Dolores Colorado at the Municipal Regular/Special Election to! bel held April 2nd, 2023, concerning whether the Town of Dolores should levy a Municipal sales tax on alls sales ofr medical 11.4 Action/Approval Resolution R564 Series 2023 approving a contract for law enforcement services between Montezuma County Boardo of Commissioners, the Montezuma County Sheriff's Office, 11.5 Action/Approval Resolution R565 Series 2023 ins support ofa Colorado Department of Local Affairs Energy/Mineral. Assistance Fund Grant request, for Phasel lloft the Dolores Waterline 12. EXECUTIVE! SESSION: Discussion of personnel matter pursuant toz 24-6-402/4)0000, CRS  11. ACTION/APPROVAL ORDINANCES/RES/RESOLUTIONS:  rentals.  question referring thee effective date oft thisr resolution and setting forth details.  andr retail marijuana, and medical and marijuana retail products.  andt the Town of Dolores.  Replacement andi improvement project.  13.FUTURE AGENDAS:  P&ZI meeting: December! 5th, 2023 Parks meeting: December 14th, 2023  Board meetings: Last meeting of the year December 11th,2023  14. ADIOURNMENT    DR8439( (07/07/22) COLORADOD DEPARTMENT OFF REVENUE Liquor Enforcement! Division (303)2 205-2300 Ostate Only Permit/State Property and Onec oftheF Following (Seeback fore detalls.) Social DAthletic Fratemal OChartered Branch,! Lodged or Chapter L Patriotic ONational Organizationors Society D Political OReligious Institution 2110 K Malt, Vinous Ands Spirituous Liquor 2170 Fermented MaltE Beverage 1. Namec ofApplicant Organizationo orF Political Candidate 2. Mailing Addresso of Organizationor Political Candidate (include street, city/towna andz ZIP) POE Box 1173 Dolores, CO 81323  Departmental  Use Only  Application for a Special Events  Permit Philanthropici Institution Political Candidate Municipality OwnedA Arts Facilities $25.00PerD Day Liquor Permit! Number  Inordert toqualifyf foras SpecialE Events Permit, Youl MustE BeaQualifying Organization! Per4 445102C.RS.  AB  Type of SpeclalE Event Applicanti isA Applying for:  DO NOT WRITE IN THIS SPACE  $10.00PerDay  State Sales Tax! Number Required) 45-4046629  Dolores River Boating Advocates  3. Address ofPlacet toH Have SpecialE Event (includes street, city/towna andz ZIP) Dolores Community Center 400 Riverside. Ave. Dolores, CO81323  4. AuthorizedF Representative ofC Qualifying Organization orl Political Candidate Authorized Representative's! MailingA Address (ifo differentt thana address providedi ina Question2.)  DateofBirth Phone Number 01/14/80 970-779 -8704 Dateo ofE Birth Phone Number 08/20/87 EmailA Address ofEvent Manager alana@ doloresiverboatingor,  Amber Clark Alanal Bond  same as above  5. Event! Manager  808-443-9250 heldo Date m. Hours From m. To Date m. Hours From .m. To Date m. Hours From .m. To  Event Manager Home Address (Street, City, State, ZIP) 6. HasApplicant Organizationor Political Candidate! been Issued as Special Event Permit this Calendar) Year? No Ves Hown manyo days? Date 01/26/24 Date Hours From 5p.m. Hours From To 11p.m. Date Hours From To Date Hours From To  305S. Main St. Mancos, CO81328  7. Isthe premises forv whichy eventi K No Ves License! Number. Date .m. Hours From m. To Date m. Hours From m. To Date Hours From To  under thec Colorado Liquor youre orE Beer tistobeh currently licensed  8. Doest theA Applicant HaveF Possessionor) WrittenF Permissionf fort the Use ofl TheF Premises tobel Licensed? Yes DNo  ListE Below theE Exact Date(s)f for WhichA Applicationis Being Made for Permit  Date m. Hours From m. To Date -m. Hours From .m. To Date m. Hours From m. To Oath of Applicant Title Alana  .m. m. m. m. m. m.  To Date m. Hours From m. To Date m. Hours From .m. To Ea  Ideclare under penally ofp perjuryi int thes second degree thati Thave readt thef foregoinga application anda all attachments thereto, and Thef foregoing application! has beène examined andt thep premises, business conducted and character ofthe applicanti is satisfactory, and wed dor reportt thats suchp permit, ifgranted, will complyv witht thep provisions ofT Title 44,A Article! 5, C.R.S., asa amended.  thata allir infpmationt thereini ist true. correçh and completet tot thel besto ofr my knowledge.  a  Bond, Pypaim Divechr /avlois  Report and Approval ofl Local Licensing Authority (City or County)  THEREFORE, THIS APPLICATION IS/ APPROVED.  Locall LicensingAuthorty (Cityor County)  City Telephonel Number of City/County Clerk  County Title Liabllity Information State (Instructionso onR Reverse Side)  Signature  Date Total  DOI NOT WRITE IN THIS SPACE. FORI DEPARTMENT OF REVENUE USE ONLY  License Account Number  Liabillty Date  -750 (999) $    C1  J  EDA)  AREA Coo  EE KITOENEITE Ca looJ  LAJ TVEVE  5AI3 docang    DOLORES COMMUNITY CENTER Application foru use  Namec ofC Organization orl Individual: Dolores River Boahng Alyocakes Emaila address: anaelevineriahy om Estimated Number of People: 250  Address: Pb Bok 173 Dolys,o 81323 Phone: 808-443 -9250 CAlam) Purpose ofE Event: Annval fmdruiser Willa alcoholic beverages! bes served ors sold?_ Xyes  Alternatel Phone: 7-7H-5704CA-bA)  J No  Ist thee event being helda asa al benefit fora ani individual? Ves XNo  Arey youad Colorado registered Non-profit? Xyes _No Ifyes, Non-profit Taxl ID: 45-4 4046629 Meeting space requested: whol buildil t Time requested: &am 020Bb 400pm  Sov/h Pahp  /2i/24 1/27/21  2020 Fee Schedule:  Fore events 75p people andu under: Byt the! hour Halfday Full day Deposit (refundable) LCD projector Stage  FullF Facility $60.00 $150.00 $300.00 $200.00 $25/day  South Room $40.00 $100.00 $200.00 $100.00 $25/day  Meeting Room $20.00 $40.00 $80.00 $0.00 $25/day N/A $600.00 2Day X x X X  Kitchen Only $25.00 $40.00 $60.00 $100.00 N/A N/A $450.00 Day  $30s selfs setup $30 self setup $50 wes setup $50 wes setup  Fore events over7 75p people: FullF Facilityl Rental Usagea ands setup ofo outdoora areas Event consultation ons setup, usage ofequipment Fulll kitchen usage, including appliances ando dishes Usage ofl LCD Projector & screens Usage of Microphone ands Sound Systems Set-up8 &t take down oft tables & chairs Set-upa andt take down ofs stage Fullo cleanu upa ate end (except dishes) Deposit (refundable)  Platinum! Package Gold Package Silver Package fonze Packag  $950.00 3Day X x X x x x x X $200.00  $750.00 2 1/2 Day x x X X x x X $200.00  $200.00  saogs    DOLORES COMMUNITY CENTER ContractA Agreement  lagreet tot thei following conditions:  A. All contracts fort the use oft the! Dolores Community Center must bes signed andi fees paid 14 days prior to use. If thee event iso cancelledi for any reason between! 5 and 10 days prior to use, 25% oft ther monies shall be charged to cover the cost ofh handling, inconvenience, and1 the unavailability oft thet facilityt to others before any refunds are made. Any cancellations between: 1 and 4 days prior tou use will be charged! 50%, and any cancellations within 24 B. Ihereby understand! Iwilll ber responsible for the cleaning oft thet facility (unless have chosena a package inv which cleaningi isi included): andi for damages as a result oft the activitya andt that a charge will bet taken from the deposit fee (ifr required)t toc cover additional cleanupa and damage. Iflhaver not paida a deposit, ort the cost ofc cleaning or damagesi isi more thant the collected deposit, understand thati lwill bel liablea and will be made top pay for any Alcoholic beverages mayl bes served: atp private parties. Ifthee event isc open tot the public, the user must have approval from the Dolores Community Center Board of Directors and must have an approved Colorado Liquor License (obtained bya application with the Town of Dolores). The License must bec displayed att the event. Alcoholic beverages arer not allowed outside thel building unless permitted byy your: State Liquor License. D. Alle events muste endt by midnight unless prior approval! has been given! by the Dolores Community Center Board of This usea andi fees schedulei is subject tor revisions buti inr no way willa affect events already scheduled: and paidf for.I understandi thati ifover 75p people are attending thee event,I must choose ap package dealt thati includes cleaning ltheu undersigned, agreet tos save and! hold harmless the Dolores Community Center Association andt the Board of Directorst froma anya anda allo claims and demands arisingo out oft the use oft the premises, and will defend any cause action! broughtt toe enforce any such claims ord demands against the Dolores Community Center Association: and  hours ofe event willl be charged 75%.  additional cleaning and damages.  Directors. No alcoholr may! be served after midnight.  ands setup. Boardo ofD Directors.  Ve "7  Date confirmed: Mzu24 -127/24 Times confirmed: Bm - 4pn Room confirmed: wol Lullig Number ofe expected guests: 250  600 Usage/ / Package Fees Equipment Fees Other Fees Subtotal  -go Discount (only 1r mayb bea applicable): Non-profit, Benefit, Regulari user (10 or more times annually)  200 Damage/ /Cleaning Deposit (refundable)  $8740 Total Due  Contracti isr noti ine effectu until signed! byt the Dolores Community Center Association Representative andi full payment  receiyed.  Hlana Bondl Printed! Name A-le23 Today's Date  /16/23 Today's Date  TERE   Signatureo ofD    DR8 8439( (07/07/22)  Application Information and Checklist  Thei following supporting documents must be attached tot this application for a permit tol bei issued: Diagram oft the areal tot bel licensed (notl largert that 8 1/2" X1 11" reflecting bars, walls, partitions, ingress, egress and dimensions. Note: Ifthe event ist tob bel held outside, please submite evidence ofi intended control, i.e., Certificate of good corporate standing (NONPROFIT)! issued by Secretary of State withinl last two years; or Ifap political Candidate, attach copies ofr reports and statements that werei filed with the Secretary of State. Application must first bes submitted tot thel Local Licensing Authority (city or county) atl least thirty (30) days prior Public notice oft thep proposed event andp procedure for protesting issuance oft the permit shall be conspicuously posted att thep proposed locationi for atk least (10) days before approval oft the permit by! Locall Licensing Authority. Statel Licensing Authority must ber notified ofa approved applications byl Local Licensing Authorities within ten  Appropriate fee. fencing, ropes, barriers, etc.  Copy of deed, lease, orv written permission of owner for use oft the premises.  Ifnoti incorporated, al NONPROFIT charter; or  tot the event. (44-5-106 C.R.S.) (10) days ofa approval.  Check payable tot the Colorado Department OfF Revenue  Qualifications for Special Events Permit  (44-5-102 C.R.S.)  ASpecial Event Permit issued under this article may bei issued toa and organization, whether or not presently licensed under Articles 4a and: 30 oft this title, which has been incorporated under thel laws oft this state for the purpose ofa sO- cial, fraternal, patriotic, political ora athletic nature, andi noti forp pecuniary gain or which isar regularly chartered branch, lodge or chapter ofar national organization ors society organized fors such purposes and being non profiti inr nature, or whichi isa a regularly established religious orp philanthropici institution, and to any political candidate who has filed the necessary reports and statements with the Secretary of State pursuant toArticle 45ofTitle 1,C.R.S. ASpecial Event permit may! bei issuedt toa any municipality owning arts facilities atv which productions orp performances ofa ana artistico or  cultural nature are presented for use ats suchi facilities.    OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO  CERTIFICATE OF FACT OF GOOD STANDING I,Jena Griswold, as the Secretary of State ofi the State of Colorado, hereby certify that, according to the  records oft this office,  Dolores River Boating Advocates isa Nonprofit Corporation  formed or registered on 06/19/2013 under the law of Colorado, has complied with all applicable requirements of this office, andi is in good standing with this office. This entity has been assigned entity This certificatereflectsi facts established or disclosed by documents delivered tot this office onj papert through 11/14/2023 that have been posted, and by documents delivered to this office electronically through Ihave affixed] hereto the Great Seal oft the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 11/16/2023 @ 15:12:50 in accordance with applicable law.  identification: number 20131356064. 11/16/2023 @ 15:12:50.  Thiso certificate! isa assigned Confirmation Number 15493597  O OL  genaluovrk Secretary of State oft the State of Colorado  1876  End of Certificate**  Notice: A certificate issued electronically from the Colorado Secretary ofs State's wehsite is fully and immediatelv valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of Stale's website, hmps/hpmacolovadosos, mAPCeNSeraieae entering the certificate's confirmationi mumber displayedont thec certificate, andfollowing thei instructions displayed. Confirming thei isageducerilicue ismerelyoptional and is not necessary to the valid and efective issuance of a certificate For more information, visit our website, Atps/Anmacolradosas, govo click" "Businesses, Irademarks, traden names" 'ands selec!" "Frequently. Asked Queslions."    Dolores, Colorado) Est. 1900  Manager's Report Dolores Colorado  To: Mayor and Trustees From: Paul Ruud, Dolores Town! Manager Date: November: 27, 2023 Re: Trustees Meeting  November 277 Town! Board Meeting Manager Updates:  Workshop Items: Trustees Meeting:  Discussion of Street Snow Removal Practices with CDOT and Public Works  Ordinance for: Resolutions for:  Short Term Rentals Sales Tax Marijuana Sales Tax Sheriff's Contract  DOLA Grant for the Phase 21 Water Project  Manager Items:  Update on Montelores Coalition Meeting with the State of Colorado, Department of Natural Resources, Parks and Wildlife Division, to checki in ont the Coalition's Progress scheduled on November: 27, 2023, 12:00p pm -1 1:00 pm. Update ont the Issuance oft the 19th Street Affordable Housing Request for Manager Ruud! has prepared two Draft Improvement Plans as directed on November 13,2 2023, and the drafts willl be shared with Mayor Reeves, Trustee Holkestad, andi Trustee Grigg onl November 27, 2023, as requested. Discussion oft the Draft 2024 Workplani including, but notl limited to, the New Town Hall, thel Demolition of the Old Town! Hall, and the Request for Proposals and Construction Contracti for the new Flanders Park Restrooms.  Proposals.    Order No. MO22303375 MRP/mrp  Colorado Title & Closing Services, LLC  Serving Allof Colorado ISSUING AGENT FOR CHICAGO TITLEI INSURANCE COMPANY  Preparedi for: JON LEWIS KELLYP.C. P.O. BOX 659 Dolores, CO 81323 Attention: Copiest to:  Issuing Office: 631 E. Main Street Cortez, CO 81321 Phone: (970) 564-9770 Fax: (970) 564-9769 Title Examiner: Marie Rogers-Patrick engcacNstNseN (970) 529-7013  JONI LEWIS KELY/MOKITRUSLER  SCHEDULEA  POLICYLIABILITY PREMIUM CHARGES  Owner's Policy ALTA (06/17/2006) Copies of Documents and Plat Tax Certification  $1,400,000.00 Total Due  $3,310.00 $50.00 $25.00 $3,385.00  1. Effective date:  November 14, 2023 at 5:00 PM  2.  Policy or Policies to be issued: Owner's Policy ALTA (06/17/2006) Loan Policy ALTA (06/17/2006) Proposed Insured:  Proposed Insured: TOWN OF DOLORES, A COLORADO: STATUTORY TOWN  3.  Title tot the FEE SIMPLE estate ori interest ins said Landi is att the effective date hereof vested in: DOLORES COMMUNITY CENTER ASSOCIATION, A COLORADO NON-PROFIT CORPORATION    Order No. MO22303375 Page2of10  4. Thel Land referred toi int this Commitment isl located int the County of Montezuma, State of Colorado and At tract of land int thel NE1/4 of Section 16, Township 37 North, Range 15 West, N.M.P.M., being BEGINNING at a point on1 the North line of said Section 16, North 89° 52' 00" West a distance of Thence South 11° 00' 00" East a distance of 30.61 feet tot the point of beginning of the tract; South 11° 00' 00" East a distance of 190.0f feet, more or less, to the North bank of the South 87° 06' 00" West: a distance of 185.61 feet along the! North bank oft the Dolores River; South 89° 52' 00" East ac distance of 187.21 feet to the point of beginning of said tract.  described asf follows:  more particularly described asi follows:  445.81 feet from the Northeast Corner ofs said Section;  Dolores River;  North 11° 00' 00" Westa a distance of 2001 feet, more or less;    Order No. MO22303375 Page3of10  SCHEDULEB-S SECTION1 REQUIREMENTS  The following requirements must be met:  (1.) Payt the agreed amounts for the interest int the Land and/ori for the mortgage to! bei insured. (3.) Thef following documents satisfactory to us must be signed, delivered and recorded.  (2.) Pay ust the premiums, fees and charges for the policy.  (4.) AC Certificate ofT Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or  the County Treasurer's authorized: agent.  NOTE TO BUYERS AND LENDERS: Be awarell! Online banking fraud is ont the riselll We will send wire instructions toy you ONLY out oft the following bank: Ifyou receive wire instructions naming any other bank contacty your closing officer immediately. Your closing officer is: Liz Gagneaux (970) 529-7015  ***** TBK Bank, SSB ***e*  A. SPECIAL WARRANTY DEED from DOLORES COMMUNITY CENTER. ASSOCIATION, A COLORADO NON-PROFIT CORPORATION: to TOWN OF DOLORES, A COLORADO STATUTORYTOWN. B. Certified copy of Resolution oft the board of directors of DOLORES COMMUNITY CENTER ASSOCIATION, ACOLORADOI NON-PROFIT CORPORATION authorizing the sale of subject property andi the execution ofr necessary documents pursuant to the terms oft the purchase contract dated OCTOBER 9, 20235 betweent the Seller(s) and Buyer(s) herein, Said Resolution must be submitted to and approved by Colorado' Title & Closing Services, LLC, but need not be recorded. Certified copy of Resolution oft the board of directors oft the TOWN OF DOLORES authorizing the purchase ofs subject property and the execution ofr necessary documents pursuant tot the terms oft the purchase contract dated OCTOBER! 9, 2023 between the Seller(s) and Buyer(s)! herein. Said Resolution must bes submitted to and approved by Colorado Title & Closing Services, LLC, but need not be recorded. . Approval byt the underwriter, Chicago Title Insurance Company, oft the proposed policy and endorsements, atv which time additional requirements and/or exceptions may be made.    Order! No. MO22303375 Page4of10  SCHEDULEB- SECTION 1, continued REQUIREMENTS FOR ISSUANCE OF ENDORSEMENTS  OWNER  Exception number 61 herein willl be modified ont the owners policy to bei issued tos show that the current years real estate taxes arer not yet due orp payable and prior years real estatet taxes have been paid uponr receipt ofa Certificate or Statement of Taxes Duei from the County" Treasurer and upon verification thata all outstanding real estate taxes  have been paid.  The above is subject toy payment oft the premiums as disclosed on Schedule AH herein.    Order No. MO22303375 Page5of10  SCHEDULEB-S SECTION2 EXCEPTIONS  Any policy wei issue will have the following exceptions unless they are taken care oft to our satisfaction: 1. Anyf facts, rights, interests or claims which are nots shown by the Public Records, but which could be ascertained by ani inspection oft the Land ort that may be asserted by persons inj possession oft the Land. 2. Easements, liens ore encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey oft the Land and not shown by the Public 4. Any! lien, or rightt to a lien, for services, labor orr materials heretofore orh hereafter furnished, imposed by 5. Defects, liens, encumbrances, adverse claims or other matters, ifany, created, first appearing in the Public Records ora attaching subsequent tot the Effective Date hereof but prior tot the date the proposed Insured acquires for value ofr record the estate ori interest or mortgage thereon covered by the 6. (a)Taxes or assessments that arer not shown as existing liens byt the records ofa any taxing authority that levies taxes or assessments on real property or by thel Public Records; (b). proceedings by a public agency that mayr resulti int taxes or assessments orr notices ofs such proceedings, whether or not shown by 7. (a)u Unpatented mining claims; (b) reservations ore exceptions inj patents orin Acts authorizing the issuance thereof; (c) ditches and ditch rights; water rights, claims ort title to water; (d)a all interest in oil, gas, coal and other mineral rights severed by predecessors in Title and any anda alla assignments thereof ori interests therein; whether orr nott the matters excepted under (a), (b), (c) or (d) are shown by the Public 8. All rights to any and all minerals, ore and metals of anyl kind and character, and all coal, asphaltum, oil, gas and otherl like substances in or under said land, the rights ofi ingress and egress for the purpose of mining, together with enough oft thes surface oft the same as may be necessary for the proper and convenient working of such minerals and substances, asr reservedi in Patentf from the State of Colorado. 9. Any rights, title, ori interest oft the general public, the State of Colorado, and/ort the United States in and to 10. Any question, dispute, or adverse claims ast to any! loss or gain ofl land as a result of any change int the river bed location by other than natural causes, ora alteration through accretion, reliction, erosion, or avulsion oft the center, thread, bank, channel, orf flow of waters int thel Dolores River lying within subject land; and any question as tot the location ofs such center, thread, bed, bank, or channel as al legal description monument or marker for purposes of describing orl locating subject lands. 11. Reverter clause as set forth ini instruments recorded October 1, 1976 in Book 470 at Page 522 and  Records.  law andr nots shown! byt the Public Records.  Commitment.  ther records ofs such agency or by the Public Records.  Records.  the waters, bed, and banks oft the Dolores River.  recorded November. 24, 19761 in Book 472 atF Page 145.    Order No. MO22303375 Page 6of10  Note 1: Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph H, requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions oft thet title insurance commitment, other than the effective date oft the title insurance commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner's policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed". Provided that Colorado Title & Closing Services, LLC, conducts the closing oft thei insured transaction and isr responsible for recording the legal documents from the transaction, exception No. 5in Schedule B-2 will not appear int the Owner's Title Policy and Lender's Note 2: Colorado Division of Insurance Regulation 8-1-2, Paragraph M of Section 5, requires that prospective insured(s)ofa a single family residence be notified in writing that the standard exception from coverage for unfiled Mechanic's or Materialman's Liens may or may not be deleted upon the satisfaction of the requirement(s) pertinent to the transaction. These requirements will be addressed upon receipt of a written request top provide said coverage, ori if the Purchase and Sale Agreement/Contract: is provided to the Company then the necessary requirements will be reflected ont the commitment and mayi include, but A. The Land described in Schedule A of this commitment must be a single family residence, which B. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction ont the Land describedi in Schedule. A oft this Commitment within the past 13 months. The Company must receive an appropriate affidavit indemnifying the Company against unfiled . Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary, or, at its option, the Company may refuse to Note 3: The company will not issuei its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to the contrary. Furthermore, the following disclosures are hereby (i) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County (ii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners, the County Clerk and Recorder, ort the County Assessor. Note 4: Ifthes sales price oft the subject properly exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. $39-22-604.5 (Non-resident withholding) interest in oil, gas, other minerals, or geothermal energy int the property; and  Title Policy when issued.  are notl limited to:  includes a condominium ort townhouse unit. mechanic's and materialmen's liens. delete the exception. . Payment oft the premium for said coverage.  made pursuant to C.R.S. $10-11-122:  () The subject real property may bel located ina a special taxing district; Treasurer ort the County Treasurer's authorized agent; and  Note 5: Pursuant to C.R.S. $10-11-123 Notice ish hereby given:  (a) Ift therei isr recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all (b) That such mineral estate may include the right to enter and use the property without the surface Note 6: Effective September 1, 1997, C.R.S. $30-10-406 requires that all documents received for recording or filing int the clerk and recorder's office shall contain a top margin of atl least one inch and al left, right and bottom margin of at least one-half inch. The clerk and recorder may refuse to record or file any  owner's permission.  document that does not conform.    Order No. MO22303375 Page 7of10  Note7 7: Our Privacy Policy is attached tot this commitment.  Note 8: Pursuant to C.R.S. $38-35-125 and Colorado Division of Insurance Regulation 8-1-2 (Section 5), ifthe parties tot the subject transaction request us to provide escrow-settlement and disbursement services to facilitate the closing oft the transaction, then all funds submitted for disbursement must be available for Note 9: C.R.S. $39-14-102 requires that a real properly transfer declaration accompany, any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and Note 10: Pursuant to C.R.S. $10-1-128 (6)a), Itis unlawful to knowingly provide false, incomplete, or misleading facts ori information to ani insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts ori information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory Note 11: Colorado Division of Insurance Regulation 8-1-3, Paragraph C. 11.f of Section 5 requires a title insurance companyt tor make the following notice tot the consumer: "A closing protection letter is available Note 12: C.R.S. $38-35-109 (2), 1973, requires that a notation oft the purchaser's legal address, (not necessarily Note 13: Regulations of County Clerk and Recorder's offices require that all documents submitted for recording Note 14: Pursuant toi instrument recorded July 7, 1976 as Reception Number 401417 your property may or may not be in a Geological Hazard Area. Iti is the responsibility of the insured to make that determination. Notwithstanding anything to the contrary in this Commitment, ift the policy to be issued is other than an ALTA Owner's Policy (6/17/06), the policy may not contain an arbitration clause, ort the terms of the arbitration clause may be different from those set forth in this Commitment. Ift the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated: att the option ofe either the Company ort the Insured ast the exclusive remedy of the parties. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to  immediate withdrawal.  signed! bye either the grantor or grantee.  agencies.  tol bei issued1 to lenders, buyers and sellers"  the same ast the property address) bei included ont the face oft the deed tol be recorded. must contain a return address ont the front page of every document being recorded.  Note 14 only applies top properties inl Lal Plata County.  herein unlesst the above conditions are fullys satisfied.    Order No. MO22303375 Page8of10  COLORADO TmCloso SERncis  Privacy Policy Statement  Thisn noficeisb bangponidedonbehafofc ColoradoT Title8 &Closing Services; Affiliates: Cdoradoland TiteCo. Inc, CLXExchange Accommodators! Inc, Rackyn MountainE Escrowincandlaf Plata Abstract Co. dba Colorado Abstract andT Titles Services. ldescibes how informationa abouty youishandeda andthes steps wet taket topratecty yourp privacy. Wecallt thisi information" 'customer data' ar just" 'data". Ifyour relationshpw withu use ends, wev Willo continuet tol handec data abouty yout thes samey wayy wel handec curento customer data. Wew willu usec ourb beste effortst toensuret thatr nou unautharizedparies havea accesst toa any ofyouri information. Wer restric accesst tocustomer data abouty yout tothoseir individualsa ande entitiesv whon needt toknowi thatin informationt toprovidep products ors servicest toyou. Wey will usec our best efforis1 totrains ando overseeo oure employeest toe ensuret thaty youri information willbe handedresponsibly. andina accordance with our privacypdlicy. Inthec course ofourk businesss somedl Ihe customer datav weo collecir may! benorpublicp personali informationa abouty youf fromt thef following  Protecting Customer Data Information! We Collect sources.  Wer requireoure employeest tokeepthed datas securea andconfidenlial.  Informationy wer receivef fromy youory youra auhaizadregresentativet ona applications or other forms; informationy wen receivef fromt thep publicn records maintainedbys governmental entities that wee either obtain drectly from  Informationa abouty yourb transactions withu us, our affliates, ord others; Informationy wer receivet fromo our intemety webs sites; thosee entities, orf fromoura affiliates or others; Informationy wer receivef fromo consumer ord otherr reportinga agendes; and Informationt fromk lendersa andthirdp partiesi involvediny yourt transaction.  Wen maintains safeguardst toprolecty youro customer dataf fromu unauthorizedaccesst ori intrusion. Weli limita access loyour customer datac onlyto thosee employees whon needs sucha accessir inc connectiony wilhproidngproducis ors seryices loyouor ford otherl legtmatet business purposes. Wer mayp providey your customer datat tovariousi individuals ando comparies, aspermittedbyl law, without obtainingy yourp priora authorization.  Use ofl Information  Disclosures mayj indude, Without limitation, thef folowing:  Tooura affiliatesa and/ors successori ininterest;  Toagents, brokers, lenderso orr representativest toprovidey youy wths services) your haver requested, Tothirdpartyo contractors or servicep providersv whop provides services orp performmarketings or ather functions onourb behalf, Toothers withw whomy wee enteri intojointmarketing: agreements forp produclso or services thatv web believey your mayf findof Tolenders, lienh holders. judgmento credilors, oro other parties daiminga ane encumbranceor: aninteresti intitlev whosed daimor interestr mustt bed determined, setted, paidor releasedprior toatiteore escrowo dosing.  inlerest; and  Wer maya aisod disclose dataa asp permittedor requiredbyl law,f fore example:  Tolawe enforcemento dficials; Toprevent fraud.  Inresponset tos subpoenasora agovernmenti investigation, Toregulatorsa andthel Insurance Companies werepresent: or  Linkst to Otherl Websites  Ourv websites contain! linkst towebsitest thala areprovideda landmaintainedbyt thirdpartiesa andthala aren nots subjectt to our Privacy Policy Statement. Pleaser reviewt thep privacy policys statements on! thosev websites. Wemaket norepresentalions concerning andarer not responsible ThisP Privacy Palicys Statementr may bea amendedfromt timet tot time consistenty witha applicablep privacy laws. Whenv we amendt this Privacy Policy Statement, wew willposta anoticed ofs sucho changes onourv website. Thee effectived datec dfthe Privacy Policy Statement, ass statedbelow, indicates  fora anys sucht thirdparlyy websiles orth theirp privacy policieso orp practices. Changes tot this Privacy Policy Statement thelastt timet thisF Privacy Policy Statementy wasn revisedorr materially changed.  Rev. 6-01-2015    Order No. MO22303375 Page 9of10  Chicago Title Insurance Company COMMITMENT FOR TITLEINSURANCE  Issued by  COLORADO TITLEs & CLOSING SERVICES "Trusted Since 1946"  Agent For  Chicago Title Insurance Company  Chicago Title Insurance Company, a Nebraska corporation ("Company" ").J forai valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, inj favor of the Proposed Insured named in. Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject tot the provisions of Schedules. A and. B and to the This Commitment: shall bee effective only when the identity oft the Proposed Insured and the amount oft the policy or policies All liabilily and obligation under this Commitment. shall cease and terminate 61 months qfier the. Effective Date or when the policy orp policies committed fors shall issue, whichever. first occurs, provided that thej failure toi issue the policy or policies is IN WITNESS WHEREOF, Chicago Title Insurance Company has caused its corporate name and seal tol be affixed by its  Conditions ofthis Commitment.  committed for have been insertedi in Schedule A by the Company.  not the fault oft the Company.  The Company will provide a sample oft the policy form upon request.  authorized Issued By: COLORADO TITLE & CLOSINGI SERVICES, LLC 9701 Main Avenuc (P.O.] Box 3389) Durango, CO81302 (970).2 247-5464 Fax: (970)247-0105 Countersigned:  duly  officers ont the date shown in Schedule A.  CHICAGOTITLE INSIRANCECONPANY (gwmpil hzp  As Agent  Authorized Signatory    Order No. MO22303375 Page 100 of10  CONDITIONS  1. 2.  Thet term mortgage, when used! herein, shall include deed oftrust, trust deed, or other security instrument. Ifthep proposed Insured! has or acquired actuall knowledge ofa any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest ori mortgage thereon covered! by this Commitment other than those showni in Schedule! BI hercof, ands shall fail to disclose suchl knowledge tot the Company in writing, the Company shalll be relievedi from liability fora any loss or damagei resulting from: any act of reliance hereon tot the extent the Companyi is prejudiced by failuret to sO disclose such knowledge. Ift the proposed Insured shall disclose such knowledge tot the Company, ori ifthe Company otherwise acquires actuall knowledge ofa any such defect, lien, encumbrance, adverse claim ord other matter, the Company ati its option may amend Schedulel Bo oft this Commitment accordingly, buts such amendment: shall not relieve the Company from) liability previously incurred pursuant to paragraph 3 of these Liability ofthe Company undert this Commitment shalll be onlyt tot ther named proposed Insureda and such parties included undert the definition ofI Insuredi int thef form ofp policy or policies committed: for and only for actual loss incurredi ini reliance hereon in undertaking ing good faith (a)t to comply with thei requirements hereof, or (b)t to eliminate exceptions showni in Schedule B, or (c)t to acquire or create the estate ori interest or mortgaget thereon covered by this Commitment. Int no event shall such liability exceed the amount statedi in Schedule. A for the policy orp policies committed for ands such liability is subjectt tot thei insuring provisions and Conditions and the Exclusions from Coverage ofd the form ofp policy or policies committed fori ini favor oft the proposedI Insured which arel hereby incorporated byi reference anda are made aj part oft this Commitment except as expressly modified herein. This Commitment: isac contract toi issue one orr more titlei insurance policies and isi not ana abstract oft title orar report ofthe condition oft title. Any action or actions or rights ofa action that the proposed Insured may! havec or may bring against the Company arising out oft thes status oft thet titlet to the estate ori interest ort thes status oft the mortgage thereon covered by this Commitment: must beb based ona and ares subject tot thej provisions oft this Commitment. Thep policyt tob bei issuedo contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 orl less shall be arbitrated at the option of cither the Company ort thel Insured ast the exclusive remedy of the parties. Your may review: a copy ofthe arbitration rules at htp.lww.ala.org>.  Conditions.  3.  4. 5.    TOWN OF DOLORES, COLORADO ORDINANCE NO. R567 SERIES 2023  AN ORDINANCE. AMENDMENT ARTICLE4 OF1 THE DOLORES LAND USE CODE AMENDING THE WHEREAS, The Board ofl Trustees hasi identifiedi the critical shortage of affordable and workforce housing andi the shortage of housing stocki ing general as a criticali issue facing the citizens oft the Town of WHEREAS, onJ June 14, 2021, the Board of Trustees adopted regulations governing short term rentalsi in the Town of Dolores whichi is currently codified under Article Voft the Dolores Land Use Code. WHEREAS, Section 4.5(A)4)(d)(9) of the Dolores Land Use Code provides that the Board of Trustees will calendar this Short-Term Rental Regulation for reviewr not later than two yearsf from the date of its adoption to evaluate its effectiveness and whether the maximum number ofp permits issued should be WHEREAS, inc ordert to address the Town's housing needs ofi its citizens andi further the purposes of the Short-Term Rentalr regulation, the Board ofl Trustees wishes to amendt the maximum number of WHEREAS The After public noticea and public! hearing, the Town of Dolores Board of Trustees finds that the proposed amendments tot the Town of Dolores Land Use Codea are necessaryt tor maintain effective WHEREAS, the Board of Trustees has further determined thati iti isi int thel besti interests of the health, safety and welfare oft thei inhabitants oft the Town to exercisei its express statutory authority to establish reasonable. regulations concerning Short-Term Rentals and toa amend the Dolores Land Use Codea and the NOW, THEREFORE, BEI IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OFI DOLORES: Section 4.5/A)(4)d)(2) of the Dolores Land Use Code is amended and repealed as follows: (2)5 Short-term rentals are permittedi int these categories as follows: (i) Categories 1, 2, and 5:Ar maximum and spaces may bei issuedi in Dolores ford any one-year period. The number ofe eligible residential structures ands spaces ford any given) year shall be determined by the Building Official within. 30 days after adoption oft this ordinance and by. January: 150 ofe eachy year thereafter. Ind any year where the maximum number ofA permits has been issued, whether new or renewal, no additional, permits will bei issued. (ii) Categories 30 and 4: Short-term rentalp permits arer required for ADUS and accessory spaces. Thereisn no maximum limit ont the number ofA permits the Town may issue int these categories.  MAXIMUM NUMBER OF ALLOWED SHORT-TERM RENTALS  Dolores.  adjusted.  allowable: Short-Term Rentals ass setf forth herein.  regulation of Short-Term Rentals.  Dolores Municipal Codea as setf forthh herein.  SECTION1.  ofr number of short-term rentals permits equal to_  9oft the Town's eligible residential: structures  1IPage    SECTION2.T Thei initial permit feet fora a Short-Term Rentali is amendedi to$_  per year and  mayb be amended! by the Trustees byr resolution from time tot time without amendment oft this ordinance. SECTION 3. If anys section, paragraph, clause, orp provision oft this Ordinance shall for any reason bel held to bei invalid or unenforceable, thei invalidity or unenforceability of any such section, paragraph, clause, orp provision shall nota affect anyo of the remaining provisions oft this Ordinance. SECTION4.1 This Ordinance: shall take effect thirty (30) days after final publication, whichever isl later. PUBLIC HEARING. This ordinance: shall be considered for second or finalr reading on the. and place all persons may appear and beh heard concerning the same. Passed adopted and approved on thet first reading this_  day of  2023, int the Town Board Chambers inl Town Hall, Dolores, Colorado, at whicht time  dayo of  2023.  DOLORES BOARD OF TRUSTEES:  By:  Mayor Leigh Reeves  Attest:  By:  Town Clerk Tammy Neely  Passed adopted and approved ont the second andi final reading this_  day of  2023.  DOLORES BOARD OF TRUSTEES:  By:  Mayor Leigh Reeve  Attest: By:  Town Clerk Tammy Neely  2/Page    TOWN OF DOLORES RESOLUTION NO. R562 SERIES 2023  AF RESOLUTION OF THE TOWN OF DOLORES BOARD OF TRUSTEES REFERRINGTO THE VOTERS AI MEASURE UNDER WHICH THE TOWN'S SALES ANDI USETAXRATE INCREASE; SETTINGTHE: BALLOT TITLE. ANDI BALLOT QUESTION REFERRING THIS RESOLUTION. AT AN: ELECTIONTOI BEI HELD. APRIL 2, 2024, PROVIDING THEI EFFECTIVEDATE OF' THISI RESOLUTION; AND SETTING FORTH DETAILS IN WHEREAS, the' Town of] Dolores, Colorado ("Town"), isa Colorado statutory town; and WHEREAS, the Townj presently imposes as sales and use tax at the rate of3.50% pursuant to WHEREAS, in order toj provide funds fort the Town's 's General Fund, the Town Board desires to submit tot the eligible electors of the Town ac question of increasing the rate oft the Town's sales. WHEREAS, if the eligible electors oft the' Town approve the balloti issue set forthi ini this Resolution, the' Town Board desires toi restrict the revenues derived from additional sales and use WHEREAS, Article X, Section 20 oft the Constitution ofthe State of Colorado requires that the WHEREAS, the Town) Board desires to submit al balloti issue to the eligible electors oft the' Town on April 2,2024, authorizing the sales and use tax ratei increase for the purposes set forth. NOW THEREFORE, BEI ITI RESOLVED: BY THE TOWNI BOARD OF THETOWNOF Section 1. An election shall bel held on' Tuesday, April 2, 2024, at which there shall be submitted to  WILL BEI INCREASED: BY  FROM  3.5%TO  %; RESTRICTING THE USE OF REVENUES GENERATED: FROM' THETAX  RELATIONTHERETO  Chapter 3 of the Dolores Municipal Code; and  andi use tax by  %f from 3.5%to 2024; and  effective  tax within the Towni to  Town have voter approval in advance for any tax rate increase; and  herein.  DOLORES, COLORADO:  the eligible electors oft the Town a question authorizing a tax. increase, which question shall bei in substantially the following form: SHALLTOWN OF DOLORES TAXES BE: INCREASED BY$  ANNUALLY: BEGINNING SALES ANDI USE TAXI RATEBY REVENUE' TOI BE USEDI FOR  AND BY WHATEVER  AMOUNTS THATMAY BE GENERATED THEREAFTER, BY INCREASINGTHETOWN Section2_All actions heretofore taken (not inconsistent with the provision of this Resolution) by the Town and officers thereof, directed towards the election and the objects and purposes  %ON  WITHTAX    herein stated, arel hereby ratified, approved, and confirmed.  Section3 The officers and employees of the Town are hereby authorized and directed to take all other actions necessary ora appropriate toe effectuate the provisions oft the resolution. Section 4 Submission of the above ballot issue to the Town's electors at the April 2, 2024, election shall constitute a municipal regular/special election. The Dolores Town Clerk is hereby appointed as the designated election official who shall serve as the municipal regular/special  election officiali ini ther manner provided byl law.  INTRODUCED, READ, PASSED, and ADOPTEDatar regular meeting oft the Board ofTrustees  oft the Town of DOLORES, Colorado held on November 27th, 2023.  Mayor Leigh Reeves  Town Clerk Tammy Neely    TOWN OFI DOLORES RESOLUTION NO R563 SERIES 2023  AF RESOLUTION OF THEE BOARD OF TRUSTEES OF THE TOWN OF DOLORES, COLORADO SUBMITTING AE BALLOT QUESTION TO THE REGISTERED ELECTORS OF THET TOWN OF DOLORES, COLORADO ATT THE MUNICIPAL REGULAR/SPECIAL ELECTION TO BE HELD ONA APRIL 2, 2024 CONCERNING WHETHER THE TOWN OF DOLORES SHOULD LEVYAN MUNICIPAL SALES TAX ON ALL SALES OF MEDICAL AND RETAIL MARIJUANA. AND MEDICAL ANDI RETAIL MARIJUANA PRODUCTS. WHEREAS, during the 2017 Legislative Session, the Colorado General Assembly signed C.R.S529-2-115 into law which authorizes municipalities to levya special sales tax upon all sales WHEREAS, C.R.S529-2-11512) defines' "special sales tax" as a sales taxi imposed by al local government ina addition tot the general sales taxi imposed pursuant to C.R.S. $29-2-102 or C.R.S. $29-2-103, as applicable, andi in addition to the taxes imposed pursuant to C.R.S. $39-26-101 et. WHEREAS, CRS5292-11516/a), provides thats suchs special sales tax cannot be collected, administered, ore enforced byt the Colorado Department of Revenue, but shalli instead be collected, administered, and enforced by the municipalityi imposing such tax; and WHEREAS, C.R.S. $29-2-115/4)a) provides that no special sales taxi may! be levied bya municipality unless thep proposal has been referred to and approved byt the eligible electors of the municipality! in accordance witht the provision of Article 10 of Title 31, C.R.S.; and WHEREAS Colorado Revised Statute Section 31-11-111 permits the Town Trustees to refera any ordinance or question toi the electors of the Town of Dolores for determination; and, WHEREAS, the Board ofTrustees finds thati iti is necessary and appropriate to submit a ballot issuet toal vote oft the registered electors oft the Town of Dolores att the coordinated election to be held on April 2, 2024, concerning imposition ofa municipal special sales tax ona all: sales of NOW, THEREFORE, BEI IT RESOLVED. BY THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES, Section1 The following ballot issue shall be submitted to a vote of the registered electors of thel Town of Dolores att the coordinated election tol be held on April 2, 2024: "Retail Marijuana and Retail Marijuana Products Municipal Special Sales Tax Question" FULL FISCAL YEAR AND BY SUCH AMOUNTS. AS ARE RAISED ANNUALLYTHEREAFTER BY  ofretail marijuana and retail marijuana products; and  al., and C.R.S.S3 39-28.8-101 et. al.; and  retail marijuana and retail marijuana products.  COLORADO:  SHALL THE TOWN OF DOLORES'S TAXES BE INCREASED BY $  ANNUALLY IN THE FIRST  IMPOSING    AN ADDITIONAL SPECIAL SALESTAX OF PERCENTC  %) ON THE SALE OF MEDICAL AND  RETAIL MARIJUANA. AND MEDICAL: AND RETAIL MARIJUANA PRODUCTS, WITH THE RATE OF SUCH TAXE BEING ALLOWED TO BE DECREASED OR INCREASED WITHOUT FURTHER VOTER APPROVAL: sO LONG AS THE RATE OF THE TAXI DOES NOT EXCEED TEN PERCENTO AND' WITH THE RESULTING TAXI REVENUE BEING ALLOWED TO BE COLLECTED AND SPENT BY THE TOWN OF DOLORES ASAI VOTER APPROVED REVENUE CHANGE. AND/ ALLOWING SUCH REVENUET TO BE EXPENDED. AS THE BOARD OF TRUSTEES OF DOLORES SHALL DETERMINE, WITHOUT REGARD TO ANY EXPENDITURE, REVENUE-RAISING, OR OTHER LIMITATION CONTAINED IN ARTICLE) X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW  %),  EFFECTIVE Yes:  No:  Section 2All actions heretofore taken (not inconsistent with the provision of this Resolution) by the Town and officers thereof, directed towards the election and the objects and purposes Section 3 The officers ande employees of the Town are hereby authorized and directed tot take all other actions necessary or appropriate to effectuate the provisions oft the resolution. Section 45 Submission of the above ballot issue tot the Town's electors at the April 2, 2024 election shall constitute ar municipal regular/special election. The Dolores Town Clerki is hereby appointed as the designated election official whos shall serve as the municipal regular/special election INTRODUCED, READ, PASSED, and ADOPTED: ata a regular meeting of the Board of Trustees ofthe  herein stated, arel hereby ratified, approved, and confirmed.  official in the manner provided byl law.  Town of DOLORES, Colorado held on! November 27th, 2023.  Town Clerk  Mayor    TOWN OF DOLORES RESOLUTION R564 SERIES 2023  RESOLUTION APPROVING CONTRACT FORI LAW ENFORCEMENT SERVICES BETWEEN MONTEZUMA COUNTY BOARD OF COUNTY COMMISSIONERS, THE MONTEZUMA COUNTY WHEREAS, The Town of Dolores is a statutory town with the authority to enter into contracts generally and with a county sheriff's office in particular to provide law enforcement services for WHEREAS CRS Section 31-4-304 and 306 permits a statutory town to employee a Town Marshal for law enforcement services but does not require the Town to do SO. WHEREAS Colorado law grants the County Sheriff authority to enforce the laws of the state of Colorado throughout the county, having concurrent jurisdiction in those municipalities with their own law enforcement officers and a duty to provide law enforcement services in municipalities WHEREAS the Town of Dolores has historically found it beneficial to the citizens and businesses in the Town of Dolores to contract with the Montezuma County Sheriff to provide law enforcement services within the corporate limits of the Town of Dolores and wishes to WHEREAS the Town of Dolores has historically provided the County Sheriff with offices fora substation and has expected that deputies on duty willi from time tot time be required to answer calls for service outside the corporate boundaries of the Town; an arrangement which has been WHEREAS the Town of Dolores approved an earlier version of the contract for law enforcement services at the August 14, 2023, meeting of the Board of Trustees which has been returned by Montezuma County with amendments in the form attached hereto as Exhibit A. NOWTHEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF Section 1. The Board of Trustees of the Town of Dolores does hereby approve the contract for law enforcement services described in Exhibit A, attached hereto, and commits the funds from Section 2. The Town Manager and Mayor are authorized to execute the Contract attached Section 3. Resolution R549 adopted August 14,2023 is hereby repealed and replaced in its  SHERIFF'S OFFICE, AND THE TOWN OF DOLORES  the Town pursuant to CRS Section 30-11-410.  that lack at town marshal or police force.  continue that contractual relationship.  mutually beneficial to the office of thel Montezuma County Sheriff.  DOLORES, THAT:  the Town's General Fund for these services int the 2024 fiscal year.  hereto on behalf oft the Town of Dolores. entirety byt this resolution.    Passed, adopted, and approved November 17, 2023. THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES:  By: Attest:  Mayor Leigh Reeves Town Clerk Tammy Neely  2    Nlw  2024 CONTRACT FOR LAW ENFORCEMENT SERVICES BETWEEN MONTEZUMA COUNTY BOARD OF COUNTY COMMISSIONERS, THE MONTEZUMA COUNTY  SHERIFF'S OFFICE AND THE TOWN OF DOLORES  THIS CONTRACT, made and entered into October Dolores Board of Trustees, hereinafter referred to as "Town."  ,2023, effective January 1,  2024 by and between the Montezuma County Board of County Commissioners, and the Montezuma County Sheriff's Office, hereinafter referred to as "County", and the Town of WHEREAS, the Town wishes to enter into a Contract with the County for the provision WHEREAS, the County agrees to provide law enforcement services according to the WHEREAS, the Colorado Constitution and Statutes of the State of Colorado authorizes WHEREAS, Colorado Revised Statues $29-1-203 permits governments to enter into cooperative agreements for the provision of services; and Colorado Revised Statutes $30-11- 410 permits the governing body of a municipality and a county to contract for the purpose of providing law enforcement byt the Sheriff within the boundaries of the municipality. Therefore the Town of Dolores Board of Trustees and the Montezuma County Board of County Commissioners, Montezuma County Sheriff's Office in consideration of the mutual  of law enforcement services by the County within the Town of Dolores; and,  terms and conditions set forth below; and,  political subdivisions to contract with each other to provide services; and,  covenants, promises and conditions set forth below agree as follows:  COUNTY  1.  Montezuma County, agrees to provide law enforcement services within the Town limits (a)Sheriff shall provide law enforcement services only of the type coming within the jurisdiction of the Montezuma County Sheriff pursuant to Colorado Statutes and (b) The standard level of service provided by the County shall be the same basic level of service which is provided by the Sheriff for the unincorporated areas in Montezuma County subject to the good faith discretion of the Montezuma County Sheriff's Office in consideration of emergency or unexpected law enforcement needs elsewhere in Montezuma County. County will provide as part of this Contract an average of eighty  of Dolores.  Town of Dolores ordinances.  (80)! hours per week of directly committed patrol service within the Town.  2. The County agrees to provide certain personnel as follows:  2    a) One (1) or more administrative staff who shall be responsible for the supervision and b) Deputy Sheriff's Officers sufficient to provide the law enforcement services under this Contract, to include any additional deputies for part-time summer duty, may be provided e) The specific law enforcement services provided to Town by the County may include  operation oft the law enforcement services provided.  for special events or daily operations at a cost of $65 hour.  thet following:  (1) General enforcement of the Traffic Laws contained in the Colorado Model ) Investigation of traffic accidents, pursuant to the Model Traffic Code and (3) Maintenance of a law enforcement records system sufficient to enable provision of law enforcement services under the terms oft this contract; and (4) Collection and proper storage of all evidence related to law enforcement (5) Other services upon request that are within the capabilities and cost  Traffic Code as adopted by the Town; and,  Colorado Statutes; and,  services provided according to this contract; and,  limitations of this contract; and, 6) Enforcement of Town ordinances; and,  ) Liquor License and Marijuana License background checks for new and  renewal license applications as requested by the Town. (8) Community Policing programs, efforts and initiatives.  d) The rendition of services, in the terms of the standard of performance, the discipline ofD Deputies, and other matters incidental tot the performance ofs such services and control of personnel sO employed, shall at all times be and exclusively remain, vested in the Montezuma County Sheriff and noti in the Town. Deputies assigned byt the Sheriff will be both permanently: assigned or with other Deputies on a rotating basis. Deputies assigned tot the Town shall be, int terms of overall duties as Sheriff Deputies, also providing service in unincorporated areas of the County surrounding the Town of Dolores and may be required to patrol or respond to calls for service or emergencies within a reasonable distance outside of the Town limits. All emergency calls in and to the Town of Dolores will be given the same priority as emergency calls in other areas of the County. The County agrees that all Deputies utilized to provide law enforcement services shall be certified in accordance with Part 6 of Article 32, Title 34, Colorado Revised Statutes, "Concerning Standards and Training for Certification of Peace Officers (POST  CERTIFIED).  3    3. The Sheriff agrees to provide and supply all labor, supervision, and equipment necessary to maintain the level of service to render herein. The County of Montezuma, State of Colorado, through thel Montezuma County Sheriff's Office, shall furnish thet following supplies under the terms of the Contract for, tires, fuel and oil, telephone, printing, vehicle repair and 4. The Sheriff agrees to provide a monthly written report to the Town detailing law enforcement service activities provided under this Contract. Said report should, at a minimum, detail number, and type of criminal complaints, hours of patrol service, hours of investigative service, number and type of traffic tickets issued, accident investigations. This report is due 5. The Sheriff or his designated representative will appear before the Dolores Town Board 6. The Sheriff will at all times maintain an adequate policy of liabilityi insurance. The County agrees to provide adequate insurance coverage, naming as an additional insured the Town of (a) Pursuant to the Worker's Compensation Act, $8-40-2022)0)(V). C.R.S., as amended, the Countyunderstands thati it and its employees and servants are not entitled to Worker's Compensation benefits from the Town of Dolores. The County further understands thati it is solely obligated for the payment of Federal and State Income Tax 7. The County shall provide the necessary insurance coverage on all patrol vehicles used int the Town of Dolores for the provision of law enforcement services under this Contract.  maintenance and training for personnel.  before the regularly scheduled Town Board meetings. each month, or when requested byt the Board. Dolores against the following type of claims:  on any moneys earned pursuant to this Law Enforcement IGA.  TOWN  8. Town of Dolores, its officers, agents and employees will fully cooperate with County to 9. The Town agrees to pay County for all the costs of booking and jail detention, In the event that the Dolores Municipal Judge incarcerates a defendant or an arrest is made by Deputies for Town Municipal Ordinance violations forj jail the Town agrees to pay the standard rate as approved by the Board of County Commissioners, for jail sentences or holding of 10. The Town agrees that all prosecution of Municipal offenses in the Dolores Municipal Court shall be done by the Town of Dolores through either their general counsel or prosecutor. 41. The Town agrees to pay the County for the law enforcement services provided under the Contract the sum of $250,000.00. The Town of Dolores hereby agrees to pay the Contract  facilitate the provision of law enforcement services according to this Contract.  Municipal Court defendants awaiting arraignment after arrest.  amount starting January 1, 2024 and willl be billed in quarterly installments.  4    12. The Town agrees to exempt any horses or other animals utilized to provide law enforcement services from any current or future Municipal Ordinances of the Town that regulates, prohibits the use of, keeping or maintenance of horses or other animals within Town 13. The Town of Dolores agrees to provide, furnish and maintain an adequate space for the Montezuma County Sheriff to conduct the activities associated with the provision of law enforcement services under this contract to include electricity, water, sewer, telephone and internet services, any County IT services directly related to the Dolores Station will be billed 14. The Town of Dolores shall not be liable for the direct payment of any salaries, wagesor other compensation any personnel performing services herein for said County and all persons employed in the performance of Sheriff services and functions as herein set forth, notwithstanding their commission as Town Law Enforcement Officers, shall be deemed to be Sheriff employees and no person employed for the herein described purposes shall have the benefit of any Town employee benefit, pension, civil service, Workers Compensation and 15. For purposes of this Contract and in conformance with State Law, the Montezuma County Sheriff ish hereby commissioned as the Dolores Town Marshall and all County Deputies provided law enforcement services in the Town of Dolores are hereby commissioned as Town 16. The Contract shall be effective from January 1, 20241 to December 31, 2024. 17. Ift the Town and the County fail to approve this Contract on or before the 15th day of December int the year in which iti is submitted, this Contract shall terminate on December 31 of 18. This Contract may ber renewed for successive twelve (12)month periods upon the written agreement of all parties to the terms and conditions of the renewed Contract, including any revision of rates and charges. Otherwise, this Contract will automatically terminate by its own 19. The Town shall have the right to terminate this Contract at any time provided the Town provides County with ninety (90) days written notice of its intention to terminate. The Sheriff shall have the right to cancel this Contract at any time provided the County provides the Town 20. The Montezuma County Sheriff shall be the Contact person for the County related to services  limits.  against the contracted amount as set forth above.  Unemployment Compensation or other status or right.  Deputies.  that same year.  terms.  with ninety (90) days written notice of County's intenti to terminate. rendered. The Town Manager shall be the contact person for the Town.  TOWN OF DOLORES  By  Date_  Mayor Town of Dolores Leigh Reeves  5    Attest:  Town Clerk Tammy Neely  MONTEZUMA COUNTY SHERIFF'S OFFICE  By_  Date_  Steven D. Nowlin, Sheriff Montezuma County, Colorado    BOARD OF MONTEZUMA COUNTY COMMISSIONERS Montezuma Board of County Commissioners  By_ Chairman Attest:  Date_  Kim Percell, Clerk  Clerk of the Board of Montezuma County Commissioners  7    Signe)  TOWN OF DOLORES RESOLUTION: # R549 SERIES 2023  RESOLUTION, APPROVING CONTRACT FORL LAWENFORCEMENT SERVICES BETWEEN MONTEZUMA COUNTY BOARD OF COUNTY COMMISSIONERS, THEI MONTEZUMA COUNTY WHEREAS, The Town of Dolores is a statutory town with the authority to enter into contracts generally and with a county sheriff's officei inj particular to provide law enforcement services for WHEREAS CRS Section 31-4-304 and 306 permits as statutory townt to employee al Town Marshal for law enforcement services, but does not require the Townt to doso. WHEREAS Colorado law grants the County Sheriff authority to enforce the laws of the state of Colorado throughout the county, having concurrent jurisdiction ini those municipalities with their own law enforcement officers and a duty to provide law enforcement: services in municipalities WHEREAS the Town of Dolores has historically found itl beneficial to the citizens and businesses int the Town of Dolores to contract with the Montezuma County Sheriff to law enforcement services within the corporate limits of the Town of Dolores and wishes provide to WHEREAS the Town of Dolores has historically provided the County Sheriff with offices fors a substation and has expected that deputies on duty will from time tot time ber required to answer calls for service outside the corporate boundaries oft the Town; an arrangement which! has been NOWTHEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF Section 1. The Board of Trustees of the Town of Dolores does hereby approve the contract for law enforcement services described in Exhibit A, attached hereto and commits thet funds from Section 2. The Town Manager and Mayor are authorized to execute the Contract attached  SHERIFFS OFFICE AND THE TOWN OF DOLORES  the Town pursuant to CRS Section 30-11-410.  that lack at town marshal or police force.  continue that contractual relationship.  mutually beneficial tot the office of thel Montezuma County Sherift.  DOLORES, THAT:  the Town's General Fundi for these services int the 20241 fiscal year.  hereto on behalf oft the Town of Dolores. Passed, adopted and approved August 14, 2023. THE BOARD VRUSTEES  * DOIOA (SEAL) 1900 COLORAD  OF -  OF THE TOWN OF DOLORES: Mayor Leigh Reeves  By:  Attest: galy Town Clerk Town Clerk Neely  1    Siyned  2024 CONTRACTI FORI LAW ENFORCEMENT SERVICES BETWEEN MONTEZUMA COUNTY BOARD OF COUNTY COMMISSIONERS, THE MONTEZUMA COUNTY  SHERIFF'S OFFICE. AND THE TOWN OF DOLORES  THIS CONTRACT, made and entered into August Montezuma County Sheriffs Office, hereinafter referred to as Dolores Board of Trustees, hereinafter referred to as' "Town." "County", WHEREAS, the Town wishes to enter into a Contract with the of law, enforcement services byt the County within the Town of Dolores; County and,  2023, effective  2024 by and between the Montezuma County Board of' County Commissioners, January1, the  and and the Town of for the provision to the  WHEREAS, the County agrees to provide law enforcement services according WHEREAS, the Colorado Constitution and Statutes of the State of Coloradoauthorizes WHEREAS, Colorado Revised Statues $29-1-203 permits governments to cooperative agreements for the provision of services; and Colorado Revised Statutes enter 410 permits the govering body of a municipality and a county to contract for the purpose $30-11- of providing lawe enforcement by the Sheriff within thel boundaries oft the municipality. WHEREAS, this agreement acknowledges thatt the Townd ofl Dolores contributed! toward the purchase of a vehicle in a prior year that will not be delivered until late $40,000 2024 and therefore the within agreement andi future agreements through 2026 should 2023 or in Therefore the Town of Dolores Board of Trustees and thel Montezuma County County Commissioners, Montezuma County Sheriffs Office in consideration of the Board mutual of  terms and conditions set forth below; and,  political subdivisions to contract with each other to provide services; and,  into  the costs of one vehicle.  reflect  covenants, promises and conditions seti forth below agree as follows:  COUNTY  1  Montezuma County, agrees to provide law enforcement services within the Town limits (a)Sheriff shall provide law enforcement services only of the type coming within the jurisdiction of the Montezuma County Sheriff pursuant to Colorado Statutes service which is provided by the Sheriff for the unincorporated areas in basic Montezuma level of  of Dolores.  Town of Dolores ordinances.  and  (b) The standard level of service provided by the County shall be the same  2    Slype  County subject to the goodf faith discretion of the Montezuma County Sherifs Office in consideration of emergency or unexpected law enforcement needs elsewhere in Montezuma County. County will provide as part of this Contract an average of (80) hours per week of directly committed patrol service within the Town. 2. The County agrees to provide certain personnel asi follows: operation of thel law enforcement services provided.  eighty  a) One (1) or more administrative staff who shall be responsible fort the supervision and b) Deputy Sherif's Officers sufficient toj provide the law enforcement services under this Contract, toi include any additional deputies forp part-time summer duty, Special events or e) The specitis Jaw enforcement services provided to Town by the County may include (1) General enforcement of the Traffic Laws contained in the Colorado Model 2. Investigation of traffic accidents, pursuant to the Model Traffic Code and (3) Maintenance of a law enforcement records system sufficient to enable provision of law enforcement services under thet terms of this contract, and (4) Collection and proper storage of all evidence related to law enforcement (5). Other services upon request that are within the capabilities and cost  daily operations. thef following:  No reshne  Traffic Code as adopted byt the Town; and,  Colorado Statutes; and,  services provided accordingt to this contract; and,  limitations of this contract; and, 6) Enforcement of Town ordinances; and,  0) Liquor License and Marijuana License background checks for new and  renewal license applications as requested by the Town. (B) Community Policing programs, efforts and initiatives.  d) The rendition of services, in the terms of the standard of performance, the of Deputies, and other matters incidental tot thep performance ofs such services and discipline control of personnel so employed, shall at all times be and exclusively remain, vested in Montezuma County Sheriff and noti int the Town. Deputies assigned byt the Sheriffv willl the be both permanently assigned or with other Deputies on a rotating basis. Deputies tothe Town shalll be, int terms of overall duties as Sheriff Deputies, also providing assigned service inu unincorporated areas of the County surrounding the Town of Dolores and may be required to patrol or respond to calls for service or emergencies within a reasonable distance outside of the Town limits. All emergency calis in and to the Town of Dolores  3    Sigke  will be given the same priority as emergency calls in other areas of the County. The County agrees that all Deputies utilized to provide law enforcement services shall be certified in accordance with Part 6 of Article 32, Title 34, Colorado Revised Statutes, "Conceming Standards and Training for Certification of Peace Officers (POST 3. The Sheriff agrees to provide and supply all labor, supervision, and equipment necessary to maintain the level of service to render herein. The County of Montezuma, State of Colorado, throughi thel Montezuma County Sheriffs Office, shalifurnish thei following under thet terms of the Contract for office equipment and supplies/tires, gas and oil, telephone, supplies 4. The Sheriff agrees to provide a monthly written report to the Town detailing law enforcement service activities provided under this Contract. Said report should, at a detail number, and type of criminal complaints, hours of patrol service, hours of investigative minimum, service, number and type of traffic tickets issued, accident investigations. This 5. The Sheriff or his designated representative will appear before thel Dolores Town Board 6. The Sheriffv will at alli times maintain an adequate policy of liability insurance. The County agrees to provide adequatei insurance coverage, naming as an additional insured  CERTIFIED).  printing, vehicle repair and maintenance and training forp personnel.  before the regularly scheduled Town Boardi meetings. each month, or when requested by the Board. Dolores against thei following type of claims:  report is due  the Town of  (a) Pursuant to the Worker's Compensation Act, $B-40-20212Xb)I, C.R.S., as amended, the Countyunderstands thati itandi its employees and servants are not entitled to Worker's Compensation benefits from the Town of Dolores. The County further understands thati itis solely obligated fort the payment of Federal and State Income Tax 7. The County shall provide the necessary insurance coverage on all patrol vehicles int the Town of Dolores for the provision of law enforcement services under this Contract. used  ona any moneys eamed pursuant tot this Law Enforcement IGA.  TOWN  8. Town of Dolores, its officers, agents and employees will fully facilitate the provision of law enforcement services according to this Contract. cooperate 9. The Town agrees to pay County for all the costs of booking andj jail detention. In event that the Dolores Municipal Judge incarcerates a defendant or an arrest is made the Deputiesi for Town! Municipal Ordinance violations forj jail the Town agrees to pay $100p per inmate, forj jail sentences or holding of Municipal Court defendants  with County to  by per day,  after arrest.  awaiting arraignment  logfang 4  10. The Town agrees that all prosecution of Municipal offenses in the Dolores Municipal    Sigre  Court shall be done byt the Town of Dolores through either their general counsel or prosecutor. 41- The Town agrees to pay the County for the law enforcement services provided under the Contract the sum of $250,000.00. Itshall bei the responsibility of the County of Montezuma to disburse the appropriate compensating funds into the budget of the MontezumaCounty Sheriff. The Town of Dolores hereby agrees to pay the Contract amount in 12 12. The Town agrees to exempt any horses or other animals utilized enforcement services from any current or future Municipal Ordinances of to the provide Town that law regulates, prohibits the use of, keeping or maintenance of horses or other animals within Town 13. The Town of Dolores agrees toj provide, furnish and maintain an adequate Montezuma County Sheriff to conduct the activities associated with enforcement services undert this contract toi include electricity, water, sewer, the telephone, provision intemet of Jaw service, and County IT Departmentr network service The Town of Dolores provides 350 feet ofoffice spacel having av value of $700 per month or $8,400 pery andj service at cost to the Town of $216 per month or $916 per year. year The total phone value oft andi the intemet office space, phone and internet service provided by the Town under this agreement is $10,992 annually. The contract for services paid byt the Town reflects the value thel Montezuma 14. The Town of Dolores shall not be liable fori the direct payment of any salaries, other compensation any personnel performing services herein for said County and all wagesor persons employed in the performance of Sheriff services and functions as herein set forth, notwithstanding their commission as Town Law Enforcement Officers, shall be deemed to Sheriff employees and no person employed for the herein described purposes shall have the be benefit of any Town employee benefit, pension, civil service, Workers Compensation and 15. For purposes of this Contract and in conformance with State Law, the Montezuma County Sheriff is hereby commissioned as thel Dolores Town! Marshall anda all County provided law enforcement services ini the Town of Dolores are hereby commissioned Deputies as Town 16. The Contract shall be effectivei from January 1, 20241 tol December 31, 2024. 17, If the Town and the County fail to approve this Contract on or before 18. This Contract may be renewed for successive twelve (12) month periods agreement ofa all parties tot thet terms and conditions of the renewed Contract, rates and charges. Otherwise, this Contract will automatically terminate byi its own including tems. any revision of 19. The Town shall have the right tot temminate this Contract at any time provided the Town County with ninety (90) days written notice of its intention tot temminate, The Sheriff shall to cancel this Contracta ata any time provided the County provides the Towny with ninety (90) have days the written right  installments of $20.833.33. See AppendixA  monthly  londlly  limits.  for the space square County  Sheriff Office receives for these benefits.  DifCeNf Versbns  Unemployment Compensation or other status or right.  Deputies.  December in the year inv which itis submitted, this Contract shall terminate on the December 15th day 31 of of  that same year.  the written upon provides  5    5lghe  notice of County's intent to terminate. 20. Thel Montezuma County Sheriff shall be the Contract shall bet the contact person for the Town. TOWN OF DOLORES CORE Mayor Town ofD DoloresleighReeves  for  person the County. The Town Manager  By_  Date shalzs  Attest  Town Clerk Tarmy t  Neely  MONTEZUMA COUNTY SHERIFF'S OFFICE By A Steven D. Nowlin, Sheriff Montezuma County, Colorado  Date 08/I6/zok3  SEAL! 1900 COLORADO  6    Sighe  BOARD OF MONTEZUMA COUNTYCOMMISSONERS Montezuma Board of County Commissioners  By Chairman Attest:  Date_  Kim Percell, Clerk  Clerk oft the Board of Montezuma County Commissioners  7    Daslgre Oslype  TOWN OF DOLORES RESOLUTION# -SERIES 2023  RESOLUTION, APPROVING CONTRACT FORI LAWI ENFORCEMENT SERVICES BETWEEN MONTEZUMA COUNTYBOARD OF COUNTY COMMISSIONERS, THE MONTEZUMA COUNTY WHEREAS, The Town of Dolores is a statutory town with the authority to enter into contracts generally and with a county sherifr's officei in particular to provide law enforcement services for WHEREAS CRS Section 31-4-304 and 306 permits a statutory town to employee a Town Marshal for law enforcement services, but does not require the Town to do so. WHEREAS Colorado law grants the County Sheriff authority to enforce the laws of the state of Colorado throughout the county, having concurrent jurisdiction int those municipalities with their own law enforcement officers and a duty to provide law enforcement services in municipalities WHEREAS the Town of Dolores has historically found it beneficial toi the citizens and businesses in the Town ofl Dolores to contract with thel Montezuma County Sheriff to provide law enforcement services within the corporate limits oft the Town of Dolores and wishes to WHEREAS the Town of Dolores has historically provided the County Sheriff with offices for a NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OFT THE TOWN OF Section 1. The Board of Trustees oft the Town of Dolores does hereby approve the contract for lawe enforcement services described in Exhibit A, attached hereto and commits thet funds from Section 2. The Town Manager and Mayor are authorized to execute the Contract attached  SHERIFF'S OFFICE AND1 THE TOWN OF DOLORES  the Town pursuant to CRS Section 30-11-410.  that lack ai town marshal or police force.  continue that contractual relationship.  substation. DOLORES, THAT:  the Town's General Fund fort these services int the 20241 fiscal year.  hereto on behalf oft the Town of Dolores. Passed, adopted and approved August 14, 2023. THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES:  By: Attest:  Mayor Town Clerk  1    Disigne  2024 CONTRACT FORI LAW ENFORCEMENT SERVICES BETWEEN MONTEZUMA COUNTYBOARD OF COUNTY COMMISSIONERS, THE MONTEZUMA COUNTY  SHERIFF'S OFFICE AND THE TOWN OF DOLORES  THIS CONTRACT, made and entered into October Dolores Board of Trustees, hereinafter referred to as' "Town."  2023, effective January 1,  2024 by and between the Montezuma County Board of County Commissioners, and the Montezuma County Sherif's Office, hereinafter referred to as "County", and the Town of WHEREAS, the Town wishes to enter into a Contract with the County for the provision WHEREAS, the County agrees to provide law enforcement services according to the WHEREAS, the Colorado Constitution and Statutes of the State of Coloradoauthorizes WHEREAS, Colorado Revised Statues $29-1-203 permits goverments to enter into cooperative. agreements for the provision of services; and Colorado Revised Statutes $30-11- 4101 permits the goveming body of a municipality and a county to contract for the purpose of providing law enforcement by the Sheriff within the boundaries oft the municipality. Therefore the Town of Dolores Board of Trustees and the Montezuma County Board of County Commissioners, Montezuma County. Sheriff's Office in consideration of the mutual covenants, promises and conditions set forth below agree as follows:  of law enforcement services by the County within the Town of Dolores; and,  terms and conditions set forth below; and,  political subdivisions to contract with each other to provide services; and,  No 57K  4s  COUNTY  1. Montezuma County, agrees to provide law enforcement services within the Town limits  of Dolores.  (a)Sheriff shall provide law enforcement services only of the type coming within the jurisdiction of the Montezuma County Sheriff pursuant to Colorado Statutes and (b) The standard level of service provided by the County shall be the same basic level of service which is provided by the Sheriff for the unincorporated areas in Montezuma County subject to the good faith discretion of the Montezuma County Sherif's Office in consideration of emergency or unexpected law enforcement needs elsewhere in Montezuma County. County will provide as part of this Contract an average of eighty  Town of Dolores ordinances.  (80)! hours per week of directly committed patrol service within the Town. 2. The County agrees to provide certain personnel as follows:  2    Onsige  a) One (1) or more administrative staff who shall be responsible for the supervision and b) Deputy Sheriff's Officers sufficient to provide thel law enforcement services under this Contract, toi include any additional deputies for part-time summer duty, mayl be provided e) The specific law enforcement services provided to Town by the County may include () General enforcement of the Traffic Laws contained in the Colorado Model ) Investigation of traffic accidents, pursuant to the Model Traffic Code and (3) Maintenance of a law enforcement records system sufficient to enable provision of law enforcement services under the terms of this contract; and (4) Collection and proper storage of all evidence related to law enforcement 5) Other services upon request that are within the capabilities and cost  operation oft thel law enforcement services provided,  for special events or daily operations at a cost of $651 hour.  thet following:  Traffic Code as adopted by the Town; and,  Colorado Statutes; and,  services provided according tot this contract; and,  limitations of this contract; and, (6) Enforcement of Town ordinances; and,  0) Liquor License and Marijuana License background checks for new and  renewall license applications as requested by the' Town. (8) Community Policing programs, efforts and initiatives.  d) The rendition of services, in the terms of the standard of performance, the discipline ofD Deputies, and other matters incidental tot the performance ofsuchservices and control of personnel so employed, shall at all times be and exclusively remain, vested in the Montezuma County Sheriff and noti in the Town. Deputies assigned byt the Sheriff willl be both permanently: assigned or with other Deputies ona ar rotating basis. Deputies assigned tot the Town shall be, int terms of overall duties as Sheriff Deputies, also providing service in unincorporated areas of the County surrounding the Town of Dolores and may be required to patrol or respond to calls for service or emergencies within a reasonable distance outside of the Town limits. All emergency calls in and to the Town of Dolores will be given the same priority as emergency calls in other areas of the County. The County agrees that all Deputies utilized to provide law enforcement services shall be certified in accordance with Part 6 of Article 32, Title 34, Colorado Revised Statutes, "Concerning Standards and Training for Certification of Peace Officers (POST  CERTIFIED).  3    Dasigpo)  3. The Sheriff agrees to provide and supply all labor, supervision, and equipment necessary to maintain thel level of service to render herein. The County of Montezuma, State ofColorado, through thel Montezuma County Sheriff's Office, shallf furnish thet followings supplies under the terms oft the Contract for, tires, fuel and oil, telephone, printing, vehicle 4. The Sheriff agrees to provide a monthly written report to the Town detailing law enforcement service activities provided under this Contract. Said report should, at a minimum, detail number, and type of criminal complaints, hours of patrol service, hours of investigative service, number and type of traffic tickets issued, accident investigations. This report is due 5. The Sheriff or his designated representative willa appear before thel Dolores Town Board 6. The Sheriff willa at all times maintain an adequate policy of liabilityi insurance. The County agrees to provide adequate insurance coverage, naming as an additional insured the Town of (a) Pursuant to the Worker's Compensation Act, $8-40-20212Xb)0V), C.R.S., as amended, the Countyunderstands thatitand its employees and servants are not entitled to Worker's Compensation benefits from the Town of Dolores. The County further understands that iti is solely obligated for the payment of Federal and State Income Tax 7. The County shall provide the necessary insurance coverage on all patrol vehicles used int the Town of Dolores for thej provision of law enforcement services under this Contract.  and repair  maintenance  and training forp personnel. No ofice goiprast a sopple  before the regularly scheduled Town Board meetings. each month, or when requested by thel Board. Dolores against thet following type of claims:  on any moneys earned pursuant toi this Law Enforcement IGA.  TOWN  8. Town of Dolores, its officers, agents and employees will fully cooperate with County to facilitate the provision of law enforcement services according to this Contract. 9. The Town agrees to pay County for all the costs of booking and jail detention. In the event that the Dolores Municipal Judge incarcerates a defendant or an arrest is made by Deputies for Town Municipal Ordinance violations for jail the Town agrees to pay the standard rate as approved by the Board of County Commissioners, for jail sentences or holding of 10. The Town agrees that all prosecution of Municipal offenses in the Dolores Municipal Court shall be done byt the Town of Dolores through either their general counsel or prosecutor. 11 The Town agrees to pay the County for the law enforcement services provided under the Contract the sum of $250,000.00. The Town of Dolores hereby agrees to pay the Contract  Municipal Court defendants awaiting arraignment after arrest.  %e SAIAE  amount starting January 1, 2024 and will! be billed in quarterlyi installments.  4  Traly    Dhsigh  12. The Town agrees to exempt any horses or other animals utilized to provide law enforcement services from any current or future Municipal Ordinances of the Town that regulates, prohibits the use of, keeping or maintenance ofl horses or other animals within Town 13. The Town of Dolores agrees to provide, furnish and maintain an adequate space for the Montezuma County Sheriff to conduct the activities associated with the provision of law enforcement services under this contract to include electricity, water, sewer, telephone and interet services, any County IT services directly related to the Dolores Station will be billed 14. The Town of Dolores shall not bel liable for the direct paymentof any salaries, wagesor other compensation any personnel performing services herein for said County and all persons employed in the performance of Sheriff services and functions as herein set forth, notwithstanding their commission as Town Law Enforcement Officers, shall be deemed to be Sheriff employees and no person employed for the herein described purposes shall have the benefit of any Town employee benefit, pension, civil service, Workers Compensation and 15. For purposes of this Contract and in conformance with State Law, the Montezuma County Sheriff is hereby commissioned as the Dolores Town Marshall and all County Deputies provided law enforcement services in the Town of Dolores are hereby commissioned as Town 16. The Contract shall be effective from January 1, 2024 tol December 31, 2024. 17. Ifthe Town and the County fail to approve this Contract on or before the 15th  limits.  against the contracted amount as set forth above. SNACHNE  Velsbis  Unemployment Compensation or other status or right.  Deputies.  of day  December that same year.  int they year in which itis is submitted, this Contract shall terminate on December 31 of  18. This Contract may ber renewed for successive twelve (12) month periods uponi the written agreement of all parties to the terms and conditions of the renewed Contract, including revision of rates and charges. Otherwise, this Contract will automatically terminate its own any 19. The Town shall have the right to terminate this Contract at any time provided the Town provides County with ninety (90) days written notice of its intention to terminate. The Sheriff shall have the right to cancel this Contract at any time provided the County provides the Town 20. The Montezuma County Sheriff shall be the Contact person for the County related services  terms.  by  with ninety (90) days written notice of County's intent to terminate. rendered. The Town Manager shall be the contact person fori the Town.  to  TOWN OFI DOLORES Mayor Town of Dolores  By  Date_  5    Dasigheo Attest:  Town Clerk  MONTEZUMA COUNTY SHERIFF'S OFFICE  By  Date  Steven D. Nowlin, Sheriff Montezuma County, Colorado  6    Onsigne  BOARD OF MONTEZUMA COUNTY COMMISSIONERS Montezuma Board of County Commissioners  By Chairman Attest:  Date  Kim Percell, Clerk  Clerk oft the Board ofl Montezuma County Commissioners  7    Town ofl Dolores Resolution No R565 SERIES: 2023  AI RESOLUTION IN SUPPORT OF A COLORADO DEPARTMENT OF LOCAL. AFFAIRS ENERGYMINERAL IMPACT ASSISTANCE FUND GRANT REQUEST: FORI PHASEIIOF THEI DOLORES WATER! LINEI REPLACEMENT ANDI IMPROVEMENT PROJECT WHEREAS, the' Town ofl Dolores has identified Phase II ofthel Dolores Water Line Replacement and Improvement Project which will replace approximately 7,337feet ofp pipeline, firel hydrants ands service line vales that will provide for looped water lines as a priority for the health, safety, and welfare ofi its  citizens; and management costs; and these expenses;  WHEREAS, the project costs are estimated to be $3,116,000 including design and project WHEREAS, The Town ofI Doloresi is applying forag grant from the Colorado Department ofLocal Affairs Energy/Mineral Impact. Assistance Fund Grant in the amount of $1,000,0001 to cover aj portion of WHEREAS and the Board of Trustees strongly supports the application of said Grant. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES FOR THE Section 1. Board of Trustees strongly supports the grant application with the Colorado Department ofl Local Affairs Energy/Mineral. Impact Assistance Fund Grant for the completion of Phasel II Section 2. Thel Board of Trustees authorize the Town Manager to complete the necessary forms and documents tor make this request and direct and authorize the Town) Manager and] Mayor to execute any Section 3. The Town of Dolores has or will secure other grants, loans, and sources of funding which together with the grant applied for is expected tol be sufficient to meet the $3,116,000 cost ofthe Section4 This Resolution shall bei inf full force ande effect from and after the date ofi its passage  TOWN OF DOLORES, COLORADO:  ofthel Dolores Water Line Replacement and Improvement Project. documents reasonably necessary to complete the grant application.  project. and approval.  PASSEDANDADOPTED: November 27th, 2023.  Mayor Leighl Reeves  ATTEST:  Town Clerk Tammy Neely    TO: Dolores Town Trustees and Town Manager RE: Phase IID DOLA Grant Application  From: Ken Charles DT11-27-23 Introduction  The 2018 Water and Sewer Master Plan report recommended that the Town of Dolores institute a replacement program to continually replace aging and undersized distribution infrastructure over the next 20 years. This is an ambitious pace and a greater scope of work than can be performed by Town Staff. The report recommended a 6-phase distribution replacement program starting with pipe looping to eliminate dead end mains. After input from Town Staff, SGM decided to combine pipe looping with replacement of waterlines and all appurtenances based on geographic location. Phasing starts on the west side of The Town completed Phase 1 of the water distribution replacement project in 2020. Phase 1 consisted of replacement of 1,200 feet of water main, 18 valves, and 17 service connections at 10 separate intersections that cross State Highway Ine early 2022 the Town contracted with SGM Engineers to begin design work on Phase II. The town received a $25,000 DOLA administrative grant to partially fund this project. This grant was matched with $25,000 from the town's water fund. In addition, the town received a $10,000 grant from CDPHE-Water Quality Division to The design phase is now complete. On thet town website under Projects-Phase II Water Infrastructure Project we have recently posted two new items: The Dolores Water Distribution System Evaluation and the Project Needs Assessment (PNA). The PNAI is a CDPHE requirement in order to receive funding from their Revolving Loan Fund. SGM has produced periodic reports and has made several in person presentations to the board. These two items noted above complete the contract  Town and continues east.  145.  help with the Project Needs Assessment, now complete.  the town has had with SGM.  1    Next Steps  Completing the two reports kicks off the next stepsi in the process and puts the town on a course to secure funding. While SGM was designing the project and producing the cost estimates town staff have been working on the financing plan. Town staff and SGM worked with CDPHE, and the town is now eligible fora 50% forgivable loan. This is in essence a grant for 50% of the loan. Senator Bennett's Office has designated a $750,000 Federally Designated Spending grant for the Phase II project. This allocation is included int the 2024 budget and ift that budget is adopted the town will proceed with Part of the financing plan included seeking funds from DOLA and that application will be submitted pending the decision made at tonight's meeting. The town is seeking $1,000,000, the maximum grant. We will engage CDPHE and DOLA to determine if the town may be eligible for an even greater percentage of forgivable loan, than 50%.  Thus far:  securing those funds.  SGM submitted the PNAI to CDPHE and DOLA. The next step will be a meeting with both of these state agencies to discuss the project. The Town has NOT YET  officially committed to this project.  Below is the proposed schedule contained in the PNA: 8.11 Project Implementation 8.11.1 Proposed Schedule Loan application 11/15/2024 Design Plans (60 day review period)11/15/2024 Advertisement for bids 12/09/2024 Award Contracts 03/15/2025 Start Construction 04/15/2025 Complete Construction 12/15/2025  We will now review a portion of the information produced by SGM. There are two Alternatives for Phase II. Alternative 1 is the preferred alternative as it replaces and installs significantly more water lines, hydrants etc. and Alternative 2-Phase II  Lite.  2    Project Description  The Town of Dolores water distribution system was originally constructed int the 1950s and 1960s and is predominantly composed of ductile iron pipe. Overall, the Town's transmission and distribution pipelines are in serviceable condition but are undersized to meet fire flows and were buried at too shallow of a depth in some locations. Existing available fire flows throughout the Town are poor due to low distribution system pressures, small diameter piping, and al lack of looped piping ins some critical areas. The Town's goal is to replace all their aging and undersized waterlines in six phases. Phase 1 Waterline Upgrades was completed in 2020. Proposed Phase 2 Waterline improvements include installation of approximately 1,300 LF of new 8-inch C900 PVC pipe to connect dead end lines and eliminate sections of un-looped lines, replacement of approximately 9,800 LF of aging 4- inch, 6-inch, and 8-inch lines with new 8-inch C900 PVC pipe, and replacement of alli fire hydrants, water service lines to the meter, valves, and re-connections  within the project area.  3    Town of Dolores Engineer's Opinion ofF Probable Costs EOPCLevel: Planning Prepared! by: Catherine Carella, PE Date: August2 2,2 2023  OSGM  Ph.2V Waterline Upgrades Alternative 1:Water Dock to 6th Street  Item Description  Unit Quantity 1 1 150 150 28 10,292 4020 134 6 14 8,800 860 150  Unit Cost  Estimated Costs $289,000.00 $15,000.00 $15,000.00 $15,000.00 $280,000.00 $2,212,780.00 $241,200.00 $53,600.00 $36,000.00 $21,000.00 $88,000.00 $258,000.00 $7,200.00 $3,531,780.00 $353,178.00 $70,635.60 $70,635.60 $635,720.40 $4,661,949.60  Mobilization (10%) Construction Staking Erosion Control/Stormwater Management Traffic Control Management & Devices 6" Firel Hydrant Assemblyi incl. GV andf feedI line 8" PVC C900 Dr141 Water Line, Fittings, and Gate Valvesi incl." Tracer Wire, Bedding, CI. 6Backfill, 3/4" HDPE Pure Core Water Service Lines. Incl. tracer wire, boring unders sidewalks, Min. 3-ft cover, Assumes 30LF pers service connection. Reconnect Existing: 3/4" Services to! New! Main includes 3/4" Saddle Tap Connection to Existing Waterline. Includes water shutoff coordination, cut and abandon existing main, fittings to connectt to existing system. Cross Over/Under Existing Sanitary Sewer or Storm Sewer within 18-In. Assume 3CYF Flow fil Gravel Replace 3" Depth Asphalt Replace 3" Depth Landscape Restoration (Backfil, Seed, Sod) Planning, Subsurface Utility Engineering, Design Engineering Survey, Easements, Legal Construction Engineering Construction Contingency NOTES:  LS LS DAY DAY EA LF LF EA EA EA SY TON SY  10% 0.5% $100.00 $100.00 $10,000.00 $215.00 $60.00 $400.00 $6,000.00 $1,500.00 $10.00 $300.00 $48.00 Sub Total 10.0% 2.0% 2.0% 18.0% Total Cost  Min. 5-ft Cover  1. Unitp prices used inc developing this EOPCV werel based onr recent, local projects by SGM. ber madef fory years beyond this calendary year ifa actual construction occurs inal later year.  2. Contingency budgeti isf for unanticipated costs duringo construction. Contingency isi intentionally: set! high! because thisi isa 3. Unitp prices andt total costs were based on Present' Value dollars, assuming project will occuri in2 2024. Adjustments should 4.7 This EOPC was prepared ont thel basis of SGM's experience and qualifications andr represents SGM's judgment asa professional generallyf familiar with thei industry. However, since SGMI has no control over the cost ofl labor, materials, equipment, ors servicesf furnished! by others, over contractor's methods of determining prices, ord over competitive bidding or market conditions, SGM cannot and does not guaranteet thatp proposals, bids, or actual construction cost will not vary from  planning level cost estimate.  SGM'sE EOPC.    Town of Dolores Engineer's Opinion ofF Probable Costs EOPCL Level: Planning Prepared! by: Catherine Carella, PE Date: August2 2,2 2023 Mobilization (10%) Construction Staking Erosion Contrl/Stormwater Management Traffic Control Management & Devices 6" Firel Hydrant Assemblyi incl. GV andf feed line 8"F PVC C900 Dr14 Water Line, Fittings, and Gate Valvesi incl. Tracer Wire, Min. 5-ft Cover, Class 6 3/4" HDPE Pure Core Water Service Lines. Incl. tracer wire, boringu unders sidewalks, Min.: 3-fto cover, Assumes 30LF per service connection. Reconnect Existing 3/4" Services tol New Main includes 3/4" Saddle Tap Connection to Existing Waterline. Includes water shutoff coordination, cuta and abandone existing main, fittings to connect to existing system. Cross Over/Under Existing Sanitary Sewer or Storm Sewer, Assume 3CYF Flowfill Ea. Gravel Replace Asphalt Replace Landscape Restoration (Backfill, Seed, Sod) Planning, Subsurface Utility Engineering, Design Engineering Survey, Easements, Legal Construction Engineering Construction Contingency NOTES: planning level cost estimate.  SGM  Ph. 2V Waterline Upgrades Alternative 2: Water Dock to 4th Street Unit 1 1 100 100 15 6,404 1950 65 6 11 5500 500 120  Item Description  Quantity LS LS DAY DAY EA LF LF EA EA EA SY TON SY  Unit Cost  Estimated Costs $176,000.00 $9,000.00 $10,000.00 $10,000.00 $150,000.00 $1,376,860.00 $117,000.00 $26,000.00 $36,000.00 $16,500.00 $55,000.00 $150,000.00 $5,760.00 $2,138,120.00 $213,812.00 $42,762.40 $42,762.40 $320,718.00 $2,758,174.80  10% 0.5% $100.00 $100.00 $10,000.00 $215.00 $60.00 $400.00 $6,000.00 $1,500.00 $10.00 $300.00 $48.00 Sub Total 10.0% 2.0% 2.0% 15.0% Total Cost  Aggregate  1.Unitp prices usedi inc developing this EOPC were based onr recent, local projects! by SGM and D&L Construction. 2. Contingency budgeti isf for unanticipated costs during construction. Contingency is intentionally set high because thisi isa 3. Unit prices andt total costs were! based onF Present Value dollars, assuming project will occuri in2 2024. Adjustments should 4.7 This EOPC wasp prepared ont the! basis of SGM's experience and qualifications and represents SGM'sj judgment asa professional generally familiar with thei industry. However, since SGMI has no control over the cost ofl labor, materials, equipment, ors servicesi furnished by others, over contractor's methods ofc determining prices, or over competitive biddingo or market conditions, SGM cannot and does notg guarantee that proposals, bids, ora actual construction cost will not vary from  ber madet fory years beyondt this calendary yeari ifactual construction occursi inal later year.  SGM's EOPC.    Town of Dolores (gpm)  November 2023  Legend  FireFlowRange Pesatugealkx-Nda  <750gpm 750101500gm 1,50010-2500gpm >2500gpm  37 41% 1PA6 2%  Figure 3-1. Existing Available Fire Flows  As shown in Figure 3-1, existing available fire flows throughout large areas of the Town are poor. This is generally due tol low distribution system pressures, small diameter piping, and SGM modeled multiple improvement phases throughout the Town to determine their impact tof firef flow availability. Itwas assumed thate each successive phasei includes the improvements performed during the previous phase. Fire flow maps for each improvement phase are  lack ofl looped piping in critical areas.  included in Appendix A.    Town of Dolores  November 2023  3.1.1 Fire Flow Avallability: Phase 21 Improvements the associated available fire flows throughout Town.  The Phase 2 water distribution improvements include upsizing of distribution piping and additional pipel loop segments west of 6th Street, a combined 10,3001 linear feet ofp piping ata an estimated cost of $4,652,000. Figure 3-2 reflects the proposed Phase 2i improvements and  end  Fire 75010 1,500  Percentage 37 2%  Figure 3-2. Phase 2Available Fire Flows  3.1.2 Fire Flow Availability: Phase 31 Improvements the associated available fire flows throughout Town.  The Phase 3 improvements include upsizing of distribution piping and additional pipe segments between 6th Street and 12th Street, a combined 6,380 linear feet of piping at an estimated cost of $2,889,000. Figure 3-3 reflects the proposed Phase 3 improvements and    IITIIL    Financing Plan Item Description  Below ist the plan to finance Alternative 1f fora $4,661,950 cost estimate.  CDPHE. Design Engineering Grant (awarded) Congressionally Directed Spending (pending 10-01-2023)  $444,715* $750,000 $1.000.000** $2,194,715 $2,467,235 $1.233.717 $1,233,717  DOLA EIAF Grant (Application due December 2023/decision March 2024)  Subtotal Grants  CDPHE Revolving Loan Amount 50%1 Loan Forgiveness (approved) Anticipated Loan Amount Term (Years) Rate Yearly Payment Minl Debt Service Ratio 110%  30 3% $68,658  Water Base Ratel Increase $10.25 spread over three years. *Thel loan agreement will trigger the $444,715 CDPHE Design grant. ** SGMI has thet town acquiringas $600,000 DOLA Grant rather than $1,000,000.