Board of Trustees
Regular MeetingKiowa, CO · July 14, 2026
Agenda
Town of Kiowa
Board of Trustees
Regular Monthly Meeting Agenda
404 Comanche Street, Town Hall
July 14, 2026 – 7:00 PM
Conferencing Access Information: This is viewing only access.
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Join via phone at 1-719-359-4580 Meeting ID: 889 0624 8689
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AGENDA
1. Invocation/Pledge of Allegiance
2. Call to Order/Roll Call
3. Agenda Consent
4. Public Comment
Public comments are limited to three (3) minutes. When you are recognized, please stand, state your
name, and then address the Board in a professional manner.
The Board of Trustees may not respond to your comments during this meeting, rather they may take your
comments and suggestions under advisement and your questions will be directed to the appropriate
person or department for follow-up.
5. Public Hearing
A. Save the Cowboy - 2026 Long X Ranch Annual Fundraiser - Special Event Liquor License
6. Work Study Session
A. Automated Vehicle Identification Systems - Review of traffic study results and discussion of next
steps. Presented by Jerome Riordan with Dacra Tech ASE.
B. Public Infrastructure Funding Options, presented by J. Myers, Town Attorney.
7. Consent Items
A. Approval of Minutes from June 9, 2026, Monthly Meeting
B. Expenditures for Year-to-Date 2026
8. General Business
A. Elect a new Mayor Pro Tem
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B. ORDINANCE NO. 2026-07, AN ORDINANCE APPROVING THE DISCONNECTION OF
CERTAIN REAL PROPERTY FROM THE MUNICIPAL BOUNDARIES OF THE TOWN OF
KIOWA PURSUANT TO C.R.S. §§ 31-12-501 THROUGH 31-12-503.
C. RESOLUTION 2026-14 — A RESOLUTION SUPPORTING THE CREATION OF THE
DARREL ABBEY COMMUNITY SERVICE SCHOLARSHIP PROGRAM FOR KIOWA HIGH
SCHOOL SENIORS
9. Staff Reports
A. Mayor
B. Board of Trustees
C. Town Attorney
D. Town Administrator
1) Grants update
2) Town Parks Project
3) Darrell Abbey Scholarship Fund
4) Town Events
10. Executive Session
A. Executive Session pursuant to C.R.S. Sections 24-6-402(4)(a) and (b) for the purposes of
considering the Town’s purchase, acquisition, lease, transfer, or sale of real, personal, or other
property interests, and receiving legal advice on specific legal questions related to the Town’s
purchase, acquisition, lease, transfer, or sale of real, personal, or other property interests; and under
Town Charter Sections 3.12(1)(b) and (c), for the purposes of considering the acquisition or
disposal of property, the public disclosure of which, at this time, may give other parties an unfair
competitive or bargaining advantage, and receiving legal advice from the Town Attorney on such
matters.
11. Discussion/Communications
A. Municipal Court and the Town Municipal Code
12. Adjourn
Agenda Approved By:
Tammy Hart
Mayor, Town of Kiowa
Date Posted: July 13, 2026
Time Posted: 4 PM
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MEETING PROTOCOL AND STANDARDS OF CONDUCT
Public Participation
Public comment is encouraged and will be listed as an agenda item at every regular Board of Trustees meeting.
Each individual wishing to be heard during the public comment period will be given up to three (3) minutes to
make a comment.
The public comment period will not be used to make political endorsements or for political campaign purposes.
Questions from the Board will be for clarification purposes only. Public comment will not be used as a time for
problem solving or reacting to comments made but, rather, for listening to the comments of citizens without taking
any formal action.
The Board may direct the Town Administrator to provide information requested by a speaker during the public
comment period.
Speakers are not allowed to make belligerent, accusatory, impertinent, slanderous, threatening, abusive, or
disparaging comments.
The Mayor/Chairman may elect to defer public comment on a specific issue that appears on the regular agenda
until that specific item is addressed.
The Mayor/Chairman may call for order when sidebar conversations occur in the audience. Those conversations
are distracting from the Board addressing the topics at hand.
Members of the public who do not follow proper conduct after a warning in a public meeting may be barred from
further participation at that meeting or removed from the Board Chambers pursuant to the Kiowa Municipal Code
and Colorado Revised Statutes.
4
Packet
Town of Kiowa
Board of Trustees
Regular Monthly Meeting Agenda
404 Comanche Street, Town Hall
July 14, 2026 – 7:00 PM
Conferencing Access Information: This is viewing only access.
https://us06web.zoom.us/j/2471968228?pwd=and3VXl3ZzdvRTBwMCs0bXhBcW
9Mdz09&omn=83383446203
Join via phone at 1-719-359-4580 Meeting ID: 889 0624 8689
Meeting Passcode: 79264
AGENDA
1. Invocation/Pledge of Allegiance
2. Call to Order/Roll Call
3. Agenda Consent
4. Public Comment
Public comments are limited to three (3) minutes. When you are recognized, please stand, state your
name, and then address the Board in a professional manner.
The Board of Trustees may not respond to your comments during this meeting, rather they may take your
comments and suggestions under advisement and your questions will be directed to the appropriate
person or department for follow-up.
5. Public Hearing
A. Save the Cowboy - 2026 Long X Ranch Annual Fundraiser - Special Event Liquor License
6. Work Study Session
A. Automated Vehicle Identification Systems - Review of traffic study results and discussion of next
steps. Presented by Jerome Riordan with Dacra Tech ASE.
B. Public Infrastructure Funding Options, presented by J. Myers, Town Attorney.
7. Consent Items
A. Approval of Minutes from June 9, 2026, Monthly Meeting
B. Expenditures for Year-to-Date 2026
8. General Business
A. Elect a new Mayor Pro Tem
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B. ORDINANCE NO. 2026-07, AN ORDINANCE APPROVING THE DISCONNECTION OF
CERTAIN REAL PROPERTY FROM THE MUNICIPAL BOUNDARIES OF THE TOWN OF
KIOWA PURSUANT TO C.R.S. §§ 31-12-501 THROUGH 31-12-503.
C. RESOLUTION 2026-14 — A RESOLUTION SUPPORTING THE CREATION OF THE
DARREL ABBEY COMMUNITY SERVICE SCHOLARSHIP PROGRAM FOR KIOWA HIGH
SCHOOL SENIORS
9. Staff Reports
A. Mayor
B. Board of Trustees
C. Town Attorney
D. Town Administrator
1) Grants update
2) Town Parks Project
3) Darrell Abbey Scholarship Fund
4) Town Events
10. Executive Session
A. Executive Session pursuant to C.R.S. Sections 24-6-402(4)(a) and (b) for the purposes of
considering the Town’s purchase, acquisition, lease, transfer, or sale of real, personal, or other
property interests, and receiving legal advice on specific legal questions related to the Town’s
purchase, acquisition, lease, transfer, or sale of real, personal, or other property interests; and under
Town Charter Sections 3.12(1)(b) and (c), for the purposes of considering the acquisition or
disposal of property, the public disclosure of which, at this time, may give other parties an unfair
competitive or bargaining advantage, and receiving legal advice from the Town Attorney on such
matters.
11. Discussion/Communications
A. Municipal Court and the Town Municipal Code
12. Adjourn
Agenda Approved By:
Tammy Hart
Mayor, Town of Kiowa
Date Posted: July 13, 2026
Time Posted: 4 PM
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MEETING PROTOCOL AND STANDARDS OF CONDUCT
Public Participation
Public comment is encouraged and will be listed as an agenda item at every regular Board of Trustees meeting.
Each individual wishing to be heard during the public comment period will be given up to three (3) minutes to
make a comment.
The public comment period will not be used to make political endorsements or for political campaign purposes.
Questions from the Board will be for clarification purposes only. Public comment will not be used as a time for
problem solving or reacting to comments made but, rather, for listening to the comments of citizens without taking
any formal action.
The Board may direct the Town Administrator to provide information requested by a speaker during the public
comment period.
Speakers are not allowed to make belligerent, accusatory, impertinent, slanderous, threatening, abusive, or
disparaging comments.
The Mayor/Chairman may elect to defer public comment on a specific issue that appears on the regular agenda
until that specific item is addressed.
The Mayor/Chairman may call for order when sidebar conversations occur in the audience. Those conversations
are distracting from the Board addressing the topics at hand.
Members of the public who do not follow proper conduct after a warning in a public meeting may be barred from
further participation at that meeting or removed from the Board Chambers pursuant to the Kiowa Municipal Code
and Colorado Revised Statutes.
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TOWN OF KIOWA
BOARD OF TRUSTEES
Regular Monthly Meeting Minutes
June 9, 2026
INVOCATION/PLEDGE OF ALLEGIANCE
Mayor Pro Tem Shafer gave the invocation, and Mayor Hart led the Board in the Pledge of
Allegiance.
CALL TO ORDER/ROLL CALL
Mayor Hart called the monthly Board of Trustees meeting to order on June 9, 2026, at 7:04 pm.
Present: Mayor Hart, Mayor Pro Tem Shafer, Trustee Stahl, Trustee Wineland. Trustee Smith
arrived late at 7:22 PM. The Town of Kiowa had a quorum to conduct business. Trustee
Schantz was absent.
Also present:
Sasha Davidson, Town Clerk
Kim Boyd, Town Administrator
Joshua Myers, Town Attorney
APPROVAL OF AGENDA
Mayor Pro Tem Shafer motioned to approve the agenda, and Trustee Stahl seconded. The
motion carried 4-0 with no discussion.
PUBLIC COMMENT
None.
WORK SESSION – PRESENTATIONS
A. Speed Enforcement Program Presentation – Jerome Riordan, Dacra Tech
Jerome Riordan of Dacra Tech presented information regarding the Town's proposed
Automated Speed Enforcement Program. The presentation included an overview of the
program, camera technology, citation processing procedures, public education efforts,
legal requirements, court administration, revenue and cost structure, implementation
timeline, and ongoing program management.
B. Town Hall Renovation and Improvement Project Presentation – Jeffrey Wood,
University Technical Assistance Program (UTAP), University of Colorado - Denver
Jeffrey Wood and students with the University Technical Assistance Program (UTAP) at
the University of Colorado - Denver presented an overview of the Town Hall Renovation
and Improvement Project. The presentation included the proposed renderings by the
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students and the project's objectives, preliminary design concepts, proposed building
improvements, accessibility considerations, potential phasing, estimated costs, funding
opportunities, and next steps.
CONSENT AGENDA
A. Approval of Minutes and Expenditures for Year-to-Date 2026
Trustee Stahl moved to approve the consent agenda items, and Mayor Pro Tem Shafer
seconded the motion. The motion carried 5-0 with no discussion
GENERAL BUSINESS
A. Mayor Pro Tem Shafer moved to approve RESOLUTION NO. 2026-09 — A
RESOLUTION APPROVING THE PROFESSIONAL SERVICES AGREEMENT FOR
MUNICIPAL JUDGE SERVICES WITH JUDGE KEVIN T. ELLMANN, and Trustee
Stahl seconded the motion. The motion carried 5-0 with no discussion.
B. Trustee Shafer motioned to approve RESOLUTION NO. 2026-10 — A RESOLUTION
APPROVING THE PROFESSIONAL SERVICES AGREEMENT [HOUSING AND
COMMUNITY DEVELOPMENT SPECIALIST] BETWEEN THE TOWN AND
DAVIDSON CONSULTING SOLUTIONS, and Mayor Pro Tem Shafer seconded the
motion. The motion carried 5-0 with no discussion.
C. Mayor Pro Tem Shafer moved to approve RESOLUTION NO. 2026-11 — A
RESOLUTION FORMALLY SUPPORTING THE MEMORIAL DESIGNATION OF
THE PORTION OF STATE HIGHWAY 86 THAT PASSES THROUGH THE TOWN OF
KIOWA IN HONOR OF MAYOR TERRY HOWARD, and Trustee Stahl Sthal seconded
the motion. The motion carried 4-0 with Trustee Smith abstaining from the vote.
DISCUSSION: Trustee Smith stated, with no disrespect intended to Mayor Howard or
her family, that he believed there were many individuals from Kiowa's past who were
also deserving of this honor and should be considered before naming this stretch of CO-
86 in memorial of Mayor Howard.
D. Mayor Pro Tem Shafer moved to approve RESOLUTION NO. 2026-12 — A
RESOLUTION ACCEPTING AN EASEMENT FOR AN ART MURAL, APPROVING
THE MURAL EASEMENT AGREEMENT WITH RAVENS WING, LLC, AND
RATIFYING THE MAYOR’S EXECUTION OF THE MURAL EASEMENT
AGREEMENT, and Trustee Wineland seconded the motion with no discussion. The
motion carried 4-0 with Trustee Stahl abstaining from the vote for potential conflict.
E. Mayor Pro Tem Shafer moved to approve RESOLUTION NO. 2026-13 - A
RESOLUTION APPROVING AN ART MURAL LICENSE AGREEMENT BETWEEN
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THE TOWN OF KIOWA AND THE KIOWA MAIN STREET PROGRAM, and Trustee
Smith seconded the motion. The motion carried 5-0 with no discussion.
STAFF REPORTS
A. Mayor
1) Met with senior citizens and got updates on improvements they are making and
items that they need assistance with to update their building. Advised she will be
going to the CML Conference the following week on a scholarship received from
CML.
B. Board of Trustees
1) Mayor Pro Tem Shafer made announcement that for personal reasons his family
was moving out of Kiowa and he therefore would be resigning his position on the
board. He will make this final once the house sells and he leave Kiowa.
C. Town Attorney
1) Josh gave an update on the code amendments and advised he would be going to
the CML Conference the following week.
D. Town Administrator
1) Administrator Boyd provided updates on the Kiowa Main Street Program, noting
successful fundraising efforts through the Music in the Park beverage tent,
upcoming community events, and the launch of two public art mural projects
aimed at enhancing downtown beautification and community engagement.
2) An update was also provided to the upcoming Colorado Municipal League (CML)
Annual Conference. Mayor Hart received a scholarship covering her registration
and lodging, reducing costs to the Town. Attendance at the conference will
provide opportunities for training, networking, and information on funding
opportunities and best practices.
3) No significant grant updates this month but advised that staff continue to actively
pursue grant funding to support the Board's priorities and reduce the financial
burden on local taxpayers.
DISCUSSION/COMMUNICATION
A. Administrator Boyd proposed creating the Darrel Abbey Scholarship Fund to honor Mr.
Abbey's legacy and tie the scholarship to the annual Kiowa Ice Cream Social. She
advised that, after consulting with the Town's auditor, the Town may contribute up to
$1,500 annually from the General Fund, with additional funding accepted through
donations. Trustee Smith suggested presenting the scholarship annually during the Ice
Cream Social.
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ADJOURN
Mayor Pro Tem Shafer moved to adjourn at 9:29 pm. Trustee Smith seconded. The motion
carried 5-0 with no discussion.
Approved:
________________________________ ___________________________________
Tammy Hart, Mayor Kimberly Boyd, Town Administrator
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Town of Kiowa
Statement of Financial Position
As of Jul 10, 2026
Total
Assets
Current Assets
Bank Accounts
1010 TOK Primary Checking (6476) 127,537.04
1020 TOK Money Market Account (6484) 1,003,624.55
1050 Petty Cash 153.76
Total for Bank Accounts $1,131,315.35
Accounts Receivable
1100 Accounts Receivable (A/R) 65,276.07
1101 Property Tax Receivable 186,050.00
Total for Accounts Receivable $251,326.07
Other Current Assets
1493 Investment in Fixed Assets 0.00
Total for Other Current Assets $0.00
Total for Current Assets $1,382,641.42
Fixed Assets
1492 Buildings 0.00
1540 Furniture & fixtures 0.00
1600 Accumulated depreciation 0.00
6750 Equipment & Furniture 0.00
Total for Fixed Assets $0.00
Total for Assets $1,382,641.42
Liabilities and Equity
Liabilities
Current Liabilities
Accounts Payable
2000 Accounts Payable (A/P) 127,997.11
Total for Accounts Payable $127,997.11
Credit Cards
2040 VISA (5418) -9,591.20
Total for Credit Cards -$9,591.20
Other Current Liabilities
2104 Deferred Revenue $0.16
2114 Committed Fund Balance Conservation Trust 13,085.00
2124 Committed Fund Balance Road and Bridge 247,177.00
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Town of Kiowa
Statement of Financial Position
As of Jul 10, 2026
Total
Total for 2104 Deferred Revenue $260,262.16
2105 Deferred Property Tax 186,050.00
2109 Adjustment for TABOR -15,054.00
2210 Payroll tax to pay $0.00
2211 FICA- Payroll Taxes -8,032.56
2212 FIT 7,332.81
2213 Colorado SIT -1,045.00
2214 Retirement benefits to pay 457 -435.00
2215 FUTA -130.94
2216 CO FLI - Family leave -68.44
2217 Colorado SUI -49.98
2501 ICMA 401(a) -3,395.49
Total for 2210 Payroll tax to pay -$5,824.60
2510 Impact Fees Collected 6,271.43
Fund Balance--Res'd for Emergency 14,554.00
Total for Other Current Liabilities $446,258.99
Total for Current Liabilities $564,664.90
Total for Liabilities $564,664.90
Equity
3150 Opening balance equity -0.06
3300 Retained Earnings 558,214.10
Net Revenue 259,762.48
Total for Equity $817,976.52
Total for Liabilities and Equity $1,382,641.42
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Town of Kiowa
Statement of Activity
January 1-July 10, 2026
Total
Revenue
4000 Tax Revenue
4010 Roads & Streets $282.52
4011 Road & Bridge Distribution 50,172.91
4012 Highway Users Tax Fund (HUTF) 13,861.91
Total for 4010 Roads & Streets $64,317.34
4015 Cigarette Distribution 690.74
4020 Current Interest 29.94
4050 Personal Property Exemption 567.00
4051 Property Tax 195,015.79
4060 Sales Tax - DOR 272,403.89
4061 Senior/Vet Exemption 2,261.49
4063 Specific Ownership Taxes (SOT) 13,680.25
4065 Use tax 3,969.40
4067 Conservation Trust Fund (CTF) 4,306.77
Total for 4000 Tax Revenue $557,242.61
4200 Contributed Income
4210 Government Grants & Contracts
4215 DOLA - EIAF 9734 Grant 99,538.00
4216 CDOT - TAP Grant 236,162.06
4217 CDBGPF-25-527 Kiowa Park Upgrades 26,000.00
4218 LPC-IN-906 Zoning Code Updates 6,757.50
4225 Main Street - AARP Community Challenge 15,000.00
4227 Main Street - Mini Grant/Scholarship 2,819.92
Total for 4210 Government Grants & Contracts $386,277.48
4220 Sponsorships & Donations
4221 Annual Town Event Sponsorships 12,025.00
4224 Main Street Fundraising & Event Sponsorships 1,001.46
Total for 4220 Sponsorships & Donations $13,026.46
Total for 4200 Contributed Income $399,303.94
4250 Sales
4251 Business License Fees 1,705.00
4252 Building Permit and Plan Review Fees 4,982.85
4253 Business License 485.00
4254 Dog License Fee 55.00
4257 Special Event Liquor License Fee 850.00
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Town of Kiowa
Statement of Activity
January 1-July 10, 2026
Total
4261 Court Fines 250.00
Total for 4250 Sales $8,327.85
4280 Franchise Tax
4281 Black Hills 5,529.12
4282 Comcast 100.00
4283 CORE 8,008.32
Total for 4280 Franchise Tax $13,637.44
4400 KWWA Operating Contract 42,314.94
Total for Revenue $1,020,826.78
Gross Profit $1,020,826.78
Expenditures
6000 Payroll expenses
6010 Salary & Wages
6030 Salary & Wages- Public Works-Streets $28,957.04
6030.1 Overtime 19.31
Total for 6030 Salary & Wages- Public Works-Streets $28,976.35
6040 Salary & Wages - Admin Staff 55,103.82
Total for 6010 Salary & Wages $84,080.17
6020 Board Monthly Stipend 3,496.00
6100 Payroll Taxes (Employer) 10,639.73
6210 Deferred Health Care 7,065.48
6212 ToK Benefit Expense 12,124.01
6250 Reimbursments - Employee 903.24
6270 Payroll Contractual Fees 1,973.76
Total for 6000 Payroll expenses $120,282.39
6281 Team Building 252.37
6290 Professional Training & Conference $205.00
6240 Boards & Commissions 111.70
6634 Professional Training & Conference - Main Street 2,830.96
Total for 6290 Professional Training & Conference $3,147.66
6300 Advertising & Public Notices $1,406.25
6310 Display Ads 85.00
6320 Public Notices 781.84
6330 Town Sponsored Events 4,630.58
Total for 6300 Advertising & Public Notices $6,903.67
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Town of Kiowa
Statement of Activity
January 1-July 10, 2026
Total
6500 Insurance
6510 CIRSA Insurance (PC & Liability) 6,443.30
6512 CIRSA (Workers Compensation) 5,817.42
Total for 6500 Insurance $12,260.72
6601 Donations & Sponsorships to Others 8,809.72
6620 Meals & Entertainment 839.37
6630 Dues & Subscriptions $318.00
6631 Newspaper & Publication Subscription 744.00
6632 Website/Apps $3,176.06
6632.1 Accounting Software - Intuit QuickBooks 838.88
6632.2 Adobe Subscription 527.09
6632.4 Indeed 365.60
6632.7 Town website 77.86
6632.9 Zoom 210.80
Total for 6632 Website/Apps $5,196.29
6633 Professional Memberships 2,744.83
Total for 6630 Dues & Subscriptions $9,003.12
6710 Repairs & maintenance
6711 Trash and Janitorial 1,642.56
6712 Repairs & Maintenance - Streets 7,310.28
6713 Repair & Maintenance - Town Hall 4,234.80
6714 Repairs & Maintenance - Parks & Rec 34,600.38
Total for 6710 Repairs & maintenance $47,788.02
6740 Small tools & equipment 138.01
6760 Rent & Lease Equipment
6761 Parks & Rec - Parker Port-a Potty 4,760.00
6762 Equipment Purchase/Lease 4,825.66
Total for 6760 Rent & Lease Equipment $9,585.66
6770 Facility rental 238.03
6771 Town Event Entertainment 28,930.00
6772 Main Street Sponsored Events 8,400.00
6800 General Office Expenses $9,402.51
6805 Shipping & Postage 3.56
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Town of Kiowa
Statement of Activity
January 1-July 10, 2026
Total
6820 Office supplies $1,324.47
6822 Supplies for Events/Specialty 9,694.67
6823 Specific Use Supplies & Materials for Parks 24.50
6824 Specific Use Supplies for R & B 1,156.11
6827 Supplies & materials 86.48
Total for 6820 Office supplies $12,286.23
6821 Specific Use Supplies for Office 772.33
6830 Copier Lease 1,394.81
6850 Computer Supplies/Software & apps 2,777.21
6860 Printing & Photocopying 2,243.20
Total for 6800 General Office Expenses $28,879.85
6825 Main Street - Specific Use Supplies 475.93
6900 Utilities
6905 Utilities- Power - CORE 2,876.17
6906 Utilities- Power- Street Lights - CORE 6,524.94
6910 Utilities- Heat - Black Hills 1,514.11
6920 Utilities - Water and Sewer - KWWA 1,748.90
6930 Utilities - Trash Removal 180.00
6940 Utilities Telephone/Internet 5,766.34
6970 Security/Alarm Monitoring 3,968.58
Total for 6900 Utilities $22,579.04
7000 Professional Services
7016 Legal Services
7012 Legal Services - General Counsel 107,303.25
7014 Professional Services - Municipal Court 2,917.98
Total for 7016 Legal Services $110,221.23
7020 IT Services
7021 Professional - IT - Phoenix Technologies 10,499.16
7022 Professional - Web Design 440.00
Total for 7020 IT Services $10,939.16
7040 Counsulting Services
7041 Professional - Consulting - SafeBuilt 5,593.78
7042 Professional - Consulting - Kimley-Horn 250,570.00
7044 Professional - Consulting - Planning 5,255.00
Total for 7040 Counsulting Services $261,418.78
7070 IGA with ECSO 32,081.00
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Town of Kiowa
Statement of Activity
January 1-July 10, 2026
Total
7090 Professional Services- Other
7091 Professional - Code Enforcement 7,700.00
7092 Professional - Fischer Project Mgmt 15,000.00
Total for 7090 Professional Services- Other $22,700.00
Total for 7000 Professional Services $437,360.17
7100 Bank Charges & Fees 43.10
7200 Vehicle Expenses
7200.1 Town Staff Vehicle 13,645.00
7210 Vehicle Gas & Fuel 1,866.94
7230 Vehicle - Repairs Maintenance 1,968.68
Total for 7200 Vehicle Expenses $17,480.62
7400 Road and Streets Repair 125.94
7401 Roads & Streets Other 1,170.90
7500 Other Miscellaneous Expense $7,148.64
7502 Park Expenses 70.95
7503 Elbert County Clerk & Recorder 72.37
7504 Elbert CO Treasurer Fee 3,963.16
Total for 7500 Other Miscellaneous Expense $11,255.12
Total for Expenditures $775,949.41
Net Operating Revenue $244,877.37
Other Revenue
8000 Interest Income 14,885.11
Total for Other Revenue $14,885.11
Net Other Revenue $14,885.11
Net Revenue $259,762.48
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Agenda Item Report
MEETING DATE: July 14, 2026
SUBJECT: Ordinance No. 2026-07 – AN ORDINANCE APPROVING THE
DISCONNECTION OF CERTAIN REAL PROPERTY FROM THE
MUNICIPAL BOUNDARIES OF THE TOWN OF KIOWA PURSUANT TO
C.R.S. §§ 31-12-501 THROUGH 31-12-503
PRESENTED BY: Joshua Myers, Town Attorney
EXECUTIVE SUMMARY
Ordinance No. 2026-07, attached hereto as Attachment No. 1, would approve the Owner’s
application, attached hereto as Attachment No. 2, to disconnect the Property (defined below)
from the Town, subject to satisfaction of statutory and ordinance conditions. The disconnection
would not become effective until the ordinance is effective under the Charter, the Owner has
paid the required boundary-map and related record-update costs, and certified copies of the
ordinance have been filed with the Elbert County Clerk and Recorder.
BACKGROUND
Gary M. and Mary C. Mayfield (together, the “Owner”) are the owners of certain real property
commonly known as 905 Pawnee Street, Kiowa, Colorado 80117, and as more particularly
described in the deeds attached to the Ordinance as Exhibit A, and as identified as Elbert County
Assessor Account No. R117577 and Parcel Number 8320418004 (the “Property”). The
Property is located within the municipal boundaries of the Town. The Owner submitted an
application, attached hereto as Attachment No. 2, to disconnect the Property from the Town
(the “Application”).
The Property
The Property is approximately 4.189 acres that is situated on the southside of the Town. The
Property was annexed into the Town in or about 2002 as part of the “Wamboldt” annexation
agreement. The majority of the land that was annexed as the Wamboldt annexation became
commonly known as the Digby property. The Owner purchased the Property in two separate
transactions in 2011 and 2013. The Property was incorporated within the Town at the time it
was purchased by the Owner.
The Digby property was disconnected from the Town’s boundaries by court order in
approximately 2024. This caused the Property to become a “satellite” property within the
Town’s boundaries. The picture below depicts the Property circled in yellow. The Town’s
boundaries are shown in bold, black lines.
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AIR for Ordinance No. 2026-07, Approving Mayfield Property Disconnection
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The Property is serviced by a water well and its own septic system on the Property.
The 2025 property taxes assessed by the Town of Kiowa against the Property was $656.47,
which represents how much the Town received in property tax revenues from the Property being
within the Town’s boundaries. A copy of the notice of property taxes due for the Property
pulled from the Elbert County Treasurer’s website is attached hereto as Attachment No. 3.
Disconnection Authority
Under C.R.S. § 31-12-501, an owner of a tract of land within and adjacent to a municipality’s
boundary may apply to the governing body for enactment of an ordinance disconnecting the
land from the municipality. The statute also requires notice and a copy of the application to be
provided to the board of county commissioners of the county in which the property is located
and to the board of directors of any affected special district.
The Town of Kiowa is a home rule municipality. The Town’s Charter provides that the Town
has all authority of local self-government and home rule and all authority possible for a
municipality to have under the Colorado Constitution and the laws of the State of Colorado.
The ordinance is therefore drafted to reflect the Town’s Charter and home rule authority, while
also following the disconnection procedures and protections in C.R.S. §§ 31-12-501 through
31-12-503 to the extent applicable.
The proposed Ordinance No. 2026-07 addresses the necessary legal and procedural
requirements.
REQUIRED BEST-INTEREST FINDING
C.R.S. § 31-12-501 contemplates that, after receiving and considering the Application, the
Board may enact an ordinance effecting the disconnection if the Board is of the opinion that the
best interests of the Town will not be prejudiced by the disconnection. The proposed ordinance
Page 2 of 4
AIR for Ordinance No. 2026-07, Approving Mayfield Property Disconnection
Page 29 of 58
therefore includes a finding that the Board has given due consideration to the Application and
is of the opinion that the Town’s best interests will not be prejudiced by disconnecting the
Property.
This finding is a discretionary policy determination for the Board based on the record before it,
including the characteristics of the Property, the relationship of the Property to the Town’s
municipal boundary, any operational or service impacts, any comments or concerns from Elbert
County and affected special districts, and the fiscal effect of removing the Property from the
Town’s boundaries.
The Property is zoned PD, but it is used for residential purposes and will likely remain a
residential use for the foreseeable future. The Property is legally within the Town’s boundaries,
but it is a satellite property that is not connected to the main boundaries of the Town. The
Property is not serviced for water or sewer by the Town or the Kiowa Water & Wastewater
Authority. The Town did not receive any comments or concerns from Elbert County or any
affected special district that services the Property.
For purposes of the fiscal component of the Board’s analysis, the Town currently receives
approximately $650 per year in property-tax revenue from the Property. If the Property is
disconnected, the Town should expect to lose that recurring annual property-tax revenue, except
to the extent the Property remains subject to taxes for qualifying unpaid municipal indebtedness
under C.R.S. §§ 31-12-502 and 31-12-503 and Sections 3 and 4 of the ordinance. The Board
should consider whether the loss of approximately $650 per year, together with any other
identified impacts, would prejudice the Town’s best interests.
The ordinance includes measures intended to reduce potential prejudice to the Town. These
include requiring the Owner to pay the Town’s reasonable boundary-map and related record-
update costs before the Town Clerk files the certified ordinance with the Elbert County Clerk
and Recorder; preserving the Town’s rights with respect to qualifying unpaid municipal
indebtedness; delaying the effectiveness of the disconnection until the ordinance is effective
under the Charter and filed with the County Clerk and Recorder; and requiring satisfaction of
notice, meeting, and vested-rights requirements.
Based on the characteristics of the Property, the relationship of the Property to the Town’s
municipal boundaries, the lack of operational or service impacts, and the protections in the
ordinance, the Board may determine that the disconnection will not prejudice the Town’s best
interests, notwithstanding the approximate $650 annual property-tax impact, if the Board
concludes that the non-tax fiscal impacts are limited and adequately addressed by the ordinance
conditions.
FINANCIAL CONSIDERATIONS
As discussed above, the loss of approximately $650 per year in property-tax revenue.
Further potential fiscal impacts include staff time, publication, recording and filing fees, and
consultant costs such as surveyor, engineer, planner, or GIS services. These costs are intended
to be recovered from the owner under Section 8 of the ordinance.
Page 3 of 4
AIR for Ordinance No. 2026-07, Approving Mayfield Property Disconnection
Page 30 of 58
If the Board denies the application, the Owner may decide to file a court action to disconnect
the Property, and the Town will be subject to additional legal fees and costs.
STAFF RECOMMENDATION/ACTION REQUIRED
Staff recommends that the Board of Trustees review the application materials, confirm that the
ordinance conditions and statutory procedures have been satisfied or will be satisfied before
filing, and consider adoption of Ordinance No. 2026-07.
MOTION OPTIONS
Option 1 — Approval
“I move to approve Ordinance No. 2026-07, AN ORDINANCE APPROVING THE
DISCONNECTION OF CERTAIN REAL PROPERTY FROM THE MUNICIPAL
BOUNDARIES OF THE TOWN OF KIOWA PURSUANT TO C.R.S. §§ 31-12-501
THROUGH 31-12-503, subject to the terms and conditions stated in the ordinance.”
Option 2 — Approval with Revisions
“I move to approve Ordinance No. 2026-07, AN ORDINANCE APPROVING THE
DISCONNECTION OF CERTAIN REAL PROPERTY FROM THE MUNICIPAL
BOUNDARIES OF THE TOWN OF KIOWA PURSUANT TO C.R.S. §§ 31-12-501
THROUGH 31-12-503, with the following revisions or conditions: [state revisions or
conditions].”
Option 3 — Continue Item
“I move to continue consideration of Ordinance No. Ordinance No. 2026-07, AN
ORDINANCE APPROVING THE DISCONNECTION OF CERTAIN REAL PROPERTY
FROM THE MUNICIPAL BOUNDARIES OF THE TOWN OF KIOWA PURSUANT TO
C.R.S. §§ 31-12-501 THROUGH 31-12-503 to [date] to allow additional review of [state
reason].”
ATTACHMENTS
1. Ordinance No. 2026-07
2. Application
3. County Treasurer’s Notice of Property Taxes for Property in 2025
Page 4 of 4
AIR for Ordinance No. 2026-07, Approving Mayfield Property Disconnection
Page 31 of 58
ORDINANCE NO. 2026-07
TOWN OF KIOWA, COLORADO
AN ORDINANCE APPROVING THE DISCONNECTION OF CERTAIN REAL
PROPERTY FROM THE MUNICIPAL BOUNDARIES OF THE TOWN OF KIOWA
PURSUANT TO C.R.S. §§ 31-12-501 THROUGH 31-12-503.
WHEREAS, the Town of Kiowa, Colorado (the “Town”) is a home rule municipality duly
organized and existing under Article XX of the Colorado Constitution, the laws of the State of
Colorado, and the Home Rule Charter of the Town of Kiowa (the “Charter”); and
WHEREAS, Section 1.03 of the Charter provides that the Town has all authority of local self-
government and home rule and all authority possible for a municipality to have under the
Constitution and laws of the State of Colorado; and
WHEREAS, Section 1.04 of the Charter provides that the Town has the right to adopt ordinances
and resolutions on local and municipal matters and to have all rights and powers applicable to
Colorado home rule municipal corporations as set forth in Article XX of the Colorado Constitution,
Title 31 of the Colorado Revised Statutes, and other applicable state statutes; and
WHEREAS, pursuant to C.R.S. § 31-12-501, when the owner of a tract of land within and adjacent
to the boundary of a municipality desires to have such tract disconnected from the municipality,
the owner may apply to the governing body of the municipality for the enactment of an ordinance
disconnecting such tract of land from the municipality; and
WHEREAS, Gary M. Mayfield and Mary C. Mayfield (together, the “Owner”) are the owners of
certain real property commonly known as 905 Pawnee Street, Kiowa, Colorado 80117, and as
more particularly described in the deeds attached hereto as Exhibit A, and as identified as Elbert
County Assessor Account No. R117577 and Parcel Number 8320418004 (the “Property”); and
WHEREAS, the Property is located within and adjacent to the boundary of the Town; and
WHEREAS, on or about May 11, 2026, the Owner submitted to the Town an application, which is
on file in the Town Clerk’s office, requesting that the Board of Trustees enact an ordinance
disconnecting the Property from the Town pursuant to C.R.S. § 31-12-501 (the “Application”);
and
WHEREAS, the Owner has represented to the Town that the Owner provided notice and a copy of
the Application to the Board of County Commissioners of Elbert County, Colorado, and to the
board of directors of each affected special district, as required by C.R.S. § 31-12-501; and
WHEREAS, no timely request for a meeting was received by the Town from Elbert County or any
affected special district to discuss and address potential negative impacts resulting from the
proposed disconnection; and
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Town of Kiowa Ordinance No. 2026-07
WHEREAS, there are not any vested property rights affecting the Property that were established
pursuant to Article 68 of Title 24, C.R.S., that are possessed by the Owner or other party; and
WHEREAS, the Board of Trustees has given due consideration to the Application, the Charter, the
Town’s home rule authority, the requirements of C.R.S. §§ 31-12-501 through 31-12-503 to the
extent applicable, the location and characteristics of the Property, the potential impacts of the
requested disconnection, and the interests of the Town; and
WHEREAS, the Board of Trustees is of the opinion that the best interests of the Town will not be
prejudiced by the disconnection of the Property from the Town; and
WHEREAS, the Board of Trustees therefore desires to approve and effect the disconnection of the
Property from the municipal boundaries of the Town, subject to the terms, conditions, and
continuing obligations set forth in this Ordinance and applicable law.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF KIOWA, COLORADO:
Section 1. The foregoing recitals are incorporated herein by reference and are adopted as
findings and determinations of the Board of Trustees (the “Board”).
Section 2. Conditional Approval of Disconnection. Subject to the terms and conditions of
this Ordinance and applicable law, the Board hereby approves the Application and hereby
disconnects the Property, as legally described in Exhibit A attached hereto, from the municipal
boundaries of the Town pursuant to the Charter, the Town’s home rule authority, and C.R.S. § 31-
12-501 to the extent applicable.
Section 3. Continuing Liability for Existing Municipal Indebtedness. The Property shall
not, by reason of the disconnection approved by this Ordinance, be exempt from the payment of
any taxes lawfully assessed against the Property for the purpose of paying any indebtedness
lawfully contracted by the Town while the Property was within the Town’s boundaries and that
remains unpaid, to the extent the Property could be lawfully taxed for payment of such
indebtedness, as provided in C.R.S. § 31-12-502.
Section 4. Future Levies and Prepayment. If the Town levies a tax upon property within the
Town for the purpose of paying indebtedness described in Section 3 of this Ordinance, or any part
thereof or interest thereon, the Town may levy a tax at the same rate and for the same purpose on
the Property, and any amounts collected shall be applied only as provided by C.R.S. § 31-12-503.
The Owner may obtain exemption from further taxation for such indebtedness only in the manner
and upon the conditions set forth in C.R.S. § 31-12-503.
Section 5. Vested Property Rights. As a condition of the disconnection approved by this
Ordinance, no later than the effective date of the disconnection, all vested property rights affecting
the Property, if any, that were established pursuant to Article 68 of Title 24, C.R.S., before such
date and that are possessed by the Owner shall be expired or relinquished, as required by C.R.S. §
31-12-501.
Page 33 of 58
Town of Kiowa Ordinance No. 2026-07
Section 6. Filing; Effective Date of Disconnection. After this Ordinance is effective
following publication pursuant to Charter Section 6.02, and after the Owner has paid in full to the
Town the costs and expenses required by Section 8 of this Ordinance, the Town Clerk is authorized
and directed to file two copies of this Ordinance certified by the Town Clerk with the Elbert County
Clerk and Recorder in accordance with C.R.S. § 31-12-501. The effective date of this Ordinance
is separate and distinct from the effective date of the disconnection. The disconnection approved
by this Ordinance shall be effective immediately upon, and not before, the filing of the certified
copies of this Ordinance with the Elbert County Clerk and Recorder. The Board of Trustees
acknowledges that the Elbert County Clerk and Recorder is required to file the second certified
copy with the Division of Local Government in the Colorado Department of Local Affairs, as
provided by C.R.S. § 24-32-109.
Section 7. County Zoning and Land Development Regulations. Upon the effective date of
the disconnection described in Section 6, the Property shall be subject to Elbert County zoning,
subdivision, and other land development regulations, as provided in C.R.S. § 31-12-501.
Section 8. Owner Costs; Boundary Map and Town Records. As a pre-condition of the
disconnection approved by this Ordinance, the Owner shall be responsible for and shall pay the
Town for all reasonable costs and expenses estimated to be incurred by the Town in connection
with amending, revising, preparing, recording, filing, or otherwise updating the Town’s official
boundary map, boundary records, geographic information system data, and related municipal
records to reflect the disconnection of the Property, including any costs of surveyors, engineers,
planners, consultants, staff time, publication, recording, and filing. The Town may require payment
of an estimated amount before undertaking such work and may require payment of any remaining
balance before certified copies of this Ordinance can be filed with the Elbert County Clerk and
Recorder under Section 6. The Town Clerk and Town staff are authorized and directed to take
such administrative actions as are reasonably necessary to update the Town’s official boundary
records and maps to reflect the disconnection of the Property after this Ordinance becomes
effective.
Section 9. No Implied Waiver. Except as expressly provided in this Ordinance or required
by applicable law, nothing in this Ordinance shall be construed to waive, release, impair, or
otherwise affect any right, claim, tax, assessment, fee, charge, agreement, covenant, easement,
lien, or other legal interest of the Town arising out of the Property being within the Town’s
boundaries existing before the effective date of the disconnection.
Section 10. Severability. If any part, section, subsection, sentence, clause or phrase of this
Ordinance is held to be void, ineffective, invalid, or unenforceable for any reason, it shall be
deemed severed from this Ordinance and the remaining provisions shall remain valid and in full
force and effect, in accordance with Section 6.02 of the Town of Kiowa Home Rule Charter.
Section 11. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
affect any suit or proceeding pending in any court, any rights acquired or liability incurred, or any
cause or causes of action acquired or existing, under any ordinance hereby repealed or amended
Page 34 of 58
Town of Kiowa Ordinance No. 2026-07
by this Ordinance, or any just or legal right or remedy of any character be lost, impaired, or affected
by this Ordinance.
Section 12. Repealer. All ordinances or parts of ordinances in conflict with this Ordinance are
hereby repealed to the extent of such conflict only.
Section 13. Publication and Effective Date of Ordinance. The City Clerk is hereby
directed to cause publication of this Ordinance in accordance with Section 6.03(5) of the Charter.
This Ordinance shall be effective on the tenth (10) day after publication following final passage.
INTRODUCED, READ, AND ADOPTED FOR FINAL PASSAGE ON THE ____ DAY OF
____________ 2026.
TOWN OF KIOWA, COLORADO:
Tammy Hart, Mayor
ATTEST:
Sasha Davidson, Town Clerk
CERTIFICATION OF PUBLICATION
I hereby attest and certify that on the date set forth below the foregoing Ordinance was
published by title in the Ranchland News, a newspaper of general circulation in the Town of
Kiowa, together with a statement that the full text of the Ordinance is available for public
inspection and acquisition in the office of the Town Clerk for the Town of Kiowa.
Date of Publication:
By:________________________
Sasha Davidson, Town Clerk
Page 35 of 58
Town of Kiowa Ordinance No. 2026-07
EXHIBIT A
Legal Description of Property to be Disconnected
See attached:
- Special Warranty Deed, recorded on January 13, 2011, at Reception No. 515632 in the
Clerk and Recorder’s Office of the County of Elbert, State of Colorado; and
- Warranty Deed, recorded on March 04, 2013, at Reception No. 533851 in the Clerk and
Recorder’s Office of the County of Elbert, State of Colorado.
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RESOLUTION NO. 2026-14
TOWN OF KIOWA, COLORADO
BOARD OF TRUSTEES
A RESOLUTION SUPPORTING THE CREATION OF THE DARREL ABBEY COMMUNITY
SERVICE SCHOLARSHIP PROGRAM FOR KIOWA HIGH SCHOOL SENIORS
WHEREAS, the Town of Kiowa, Colorado (the “Town”), acting through its Board of Trustees
(the “Board”), recognizes the importance of encouraging civic engagement, volunteerism,
leadership, and service among young people in the Town’s community; and
WHEREAS, Darrel Abbey dedicated himself to the community through volunteerism, civic
involvement, leadership, and an unwavering commitment to making the Town a better place to
live; and
WHEREAS, the Board desires to honor the life, service, and legacy of Darrel Abbey in a manner
that reflects the values he demonstrated and encouraged in others; and
WHEREAS, Kiowa High School seniors who contribute meaningfully to their school, community,
and the lives of others through service and civic engagement help strengthen the Town and embody
the spirit of community service; and
WHEREAS, the Board finds that the creation of a scholarship program to recognize and support
such students will promote public service, civic responsibility, and community involvement among
the Town’s youth; and
WHEREAS, the Board desires to support the establishment of a Town scholarship program known
as the Darrel Abbey Community Service Scholarship to assist eligible Kiowa High School seniors
with college expenses and to encourage continued service and civic engagement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
KIOWA, COLORADO:
Section 1. The Board hereby supports the creation of a Town scholarship program to be known as the
Darrel Abbey Community Service Scholarship (the “Scholarship”), that is intended to honor the life,
service, and legacy of Darrel Abbey by encouraging and rewarding Kiowa High School seniors who have
made meaningful contributions to their school, community, and the lives of others through volunteer
service, civic engagement, leadership, and acts of community-minded service.
Section 2. The Town Administrator, in consultation with the Town Attorney, is hereby directed to
develop proposed scholarship program guidelines, application materials, eligibility criteria, review
procedures, award timing, and related administrative processes for consideration and implementation of the
Scholarship consistent with this Resolution (the “Scholarship Program”), which said proposed Scholarship
Program shall be considered for approval by the Board at a future meeting.
Section 3. Funds awarded through the Scholarship are intended to assist recipients with expenses
associated with pursuing post-secondary education, including attendance at a college, university,
Page 53 of 58
Town of Kiowa Resolution No. 2026-14
Board of Trustees
community college, trade school, vocational school, or other accredited post-secondary educational
institution, subject to the Scholarship Program.
Section 4. The Town Administrator is authorized to take such actions as are reasonably necessary to
carry out the intent of this Resolution, including coordinating with Kiowa High School, prospective donors,
community members, and other interested persons or entities regarding the Scholarship.
Section 5. Nothing in this Resolution shall be interpreted as requiring the expenditure of Town funds
except as separately authorized through the Town’s budget, appropriation, donation, grant, or other lawful
funding process approved by separate action of the Board.
Section 6. This Resolution shall be effective immediately upon adoption.
APPROVED AND ADOPTED BY THE BOARD OF TRUSTEES ON JULY 14, 2026.
TOWN OF KIOWA, COLORADO
______________________________
Tammy Hart, Mayor
Attest:
____________________________________
Sasha Davidson, Town Clerk
Page 54 of 58
KIOWA MUNICIPAL COURT, ELBERT COUNTY, STATE OF
COLORADO
Court Address: Kiowa Municipal Court
404 Comanche Street
Kiowa, CO 80117
COURT USE
ONLY
PRESIDING JUDGE STANDING ORDER REGARDING PROCEDURES FOR
CONTINUANCE REQUESTS KIOWA MUNICIPAL COURT
Pursuant to the authority granted by Kiowa Municipal Code § 2-1-1 et seq. (establishment and
jurisdiction of the Municipal Court), Colorado Municipal Court Rules of Procedure Rule 209
(Motions and Continuances) and Rule 201 (scope and authority of Standing Orders), C.R.S. § 13-
10-102 (Municipal Court jurisdiction) and § 13-10-114 (powers of Municipal Judges), the
Presiding Judge of the Kiowa Municipal Court issues this Standing Order to establish uniform
procedures for requests for continuances of court proceedings. This Standing Order is procedural in
nature and does not enlarge, diminish, or modify any substantive rights established by law. This
Order applies to all cases in Kiowa Municipal Court, including traffic, municipal code violations,
and other matters within the Court's jurisdiction. It is intended to promote the efficient
administration of justice, minimize unnecessary delays, and ensure fairness to all parties.
I. POLICY ON CONTINUANCES
Continuances are disfavored and will be granted only upon a showing of good cause. The Court
recognizes that continuances may occasionally be necessary but expects all parties to make
every reasonable effort to proceed on scheduled dates. Repeated requests for continuances may
result in denial, sanctions, or other appropriate action by the Court.
II. DEFINITIONS
• Continuance: A postponement or rescheduling of any court proceeding, including
arraignment, pretrial conference, trial, or other hearing.
• Good Cause: Circumstances that are unforeseen, unavoidable, or otherwise justify
delay, such as serious illness of a party or essential witness, death in the immediate
family, conflicting mandatory court appearances (with documentation), or other
substantial reasons as determined by the Court in its discretion. Mere
inconvenience, lack of preparation without diligence, or scheduling conflicts
without prior notice will generally not constitute good cause.
III. PROCEDURES FOR REQUESTING A CONTINUANCE
Filing a Motion for Continuance: Filing a motion for continuance does not excuse a party
from appearing on the scheduled court date unless and until the Court grants the request.
1. Timing: Requests for continuance must be made as soon as the need becomes known and,
absent extraordinary circumstances, no later than seven (7) business days before the
scheduled court date. Requests made on the day of the hearing or less than seven days prior
will generally be denied unless the Court finds exceptional good cause.
Page 55 of 58
2. Form of Request:
• Written Motion Preferred: All requests should be made in writing. The motion
must include:
• Case name, number, and scheduled date/time.
• Specific reasons for the request.
• Proposed new date(s), if known, or availability of the requesting party.
• Statement whether the opposing party (e.g., prosecutor) consents or objects.
• Contact information for the requesting party or counsel.
• Pro Se Litigants: Self-represented parties may submit a written request or appear in
person to request a continuance. The Court Clerk may provide a blank motion form.
• Oral Requests: Oral requests may be considered if made in open court on the
scheduled date, but the Court may require a written motion for any subsequent
requests.
3. Submission:
• File the motion with the Kiowa Municipal Court Clerk at Town Hall, 404 Comanche
Street, Kiowa, CO 80117, or by approved electronic means if available.
• Serve a copy on the opposing party (e.g., the Town Prosecutor) and file a certificate
of service.
• Contact the Court Clerk for questions.
4. Number of Continuances: The Court may be more inclined to grant an initial request upon
a showing of good cause, subject to the Court's discretion and docket availability.
Additional requests will require a stronger showing of good cause and may necessitate an
in-person appearance or hearing.
5. Opposition and Ruling:
• The opposing party may file a written objection promptly.
• The Court will rule on the motion as soon as practicable. Approval is not automatic;
the requesting party must appear on the original date unless notified otherwise by
the Court Clerk.
• If granted, the Court will issue a new date. Failure to appear on the rescheduled date
without further approved continuance may result in default judgment, issuance of a
warrant, or other sanctions.
IV. SPECIAL CONSIDERATIONS
• Attorney Conflicts: Requests based on attorney scheduling conflicts must be
accompanied by documentation of the conflict and a showing that no other attorney
can appear.
• Witness Issues: Requests due to unavailable witnesses must explain the efforts made
to secure attendance and the materiality of the witness.
• Failure to Appear: If a continuance is not granted and the party fails to appear, a
warrant may issue, and additional fees or charges (e.g., failure to appear) may apply.
• Administrative Continuances: The Court Clerk may reschedule matters only when
expressly authorized by the Court or pursuant to another administrative order.
V. SANCTIONS FOR NON-COMPLIANCE Failure to follow these procedures may
result in denial of the continuance and such other sanctions or consequences as are
authorized by the Kiowa Municipal Code, Colorado law, or the Colorado Municipal
Court Rules of Procedure.
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VI. EFFECTIVE DATE AND AMENDMENT This Standing Order is effective July 1,
2026, and supersedes any prior inconsistent orders or practices. It may be amended by
further order of the Court.
This Order is entered this _26__ day of ___June______, 2026, and shall remain in effect until
repealed.
_____________________________________
Kevin T. Ellmann, Presiding Municipal Judge
2
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Municipal Court, Town of Kiowa, Elbert County,
Colorado
Court Address: 404 Comanche St, P.O. Box 237
Kiowa, CO 80117
Telephone No. (303) 621-2366
Email: courtclerk@townofkiowa.com
TOWN OF KIOWA, COURT USE ONLY
V.
,
Defendant Commented [KB1]: PROPOSAL - There is currently no place
for the defendant to provide contact information. I would add:
Case Number: •Defendant Name
•Mailing Address
•Phone Number
•Email Address
MOTION FOR CONTINUANCE
This becomes important if you need to contact them regarding the
I, the Defendant in this matter was served a Summons on or about and ordered to ruling.
(Date Served)
appear in court on . Commented [KB2]: PROPOSAL: Add a Checkbox for Reason
(Date & Time) Instead of only a blank line, consider:
Reason for Continuance (check all that apply):
☐ Medical
I, the Defendant, is specifically requesting a continuance because ☐ Previously scheduled travel
☐ Work conflict
☐ Family emergency
☐ Need additional time to obtain counsel
☐ Need additional time to prepare
☐ Witness unavailable
. ☐ Other: ________________________
Then leave space for explanation.
Proposed New Court Date: @ 9:00 a.m.
In the past, I have found this this greatly helps both the prosecutor
and judge review motions.
File the Motion with the Kiowa Municipal Court Clerk at Town Hall, 404 Comanche Street, Kiowa, CO 80117
Commented [KB3]: PROPOSAL: Remove "Proposed New
or via email to courtclerk@townofkiowa.com. A copy of said Motion must be sent via certificate of service to Court Date"
the opposing party (e.g., the Town Prosecutor) The defendant should not be proposing a court date.
Maybe change it to: Requested Timeframe (optional) or simply
remove it. The Judge determines the new date—not the defendant.
Wherefore, the Town of Deer Trail by and through the Prosecuting Attorney respectfully Commented [KB4]: RPOPOSAL: Add NOTICE: Filing this
Motion does not automatically continue your court date. You must
appear as scheduled unless the Court grants your request.
Consents
Commented [KB5]: Change to Kiowa
Objects
Commented [KB6]: Doesn’t the Judge approve these, not
Adam...
To the Motion for Continuance. Commented [KB7]: The motion currently has nowhere for the
defendant to sign.
Respectfully submitted this day of , 2026. Commented [KB8]: PROPOSAL: Include a Certificate of
Service. Rather than simply instructing defendants to serve the
prosecutor, require them to certify they did. I.E. -
Certificate of Service
I certify that on the ____ day of _________, 20, I provided a copy of
this Motion for Continuance to the Town Prosecutor by:
☐ Email
Prosecutor Town of Kiowa ☐ Hand Delivery
☐ U.S. Mail
Signature ______________________
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