HomeMy WebLinkAbout20121092.tiff RESOLUTION
RE: COMPLIANCE WITH SENATE BILL 12-031 REQUIRED CHANGES TO THE FEDERAL
MINERAL LEASE DISTRICT STATUTE FOR THE WELD FEDERAL MINERAL LEASE
DISTRICT AND APPOINTING THE MEMBERS OF THE DISTRICT BOARD TO
STAGGERED THREE-YEAR TERMS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Federal Mineral Lease District Act (the "Act") (Colorado House
Bill 11-1218), enacted during the 2011 Colorado Legislative Session, added a new Part 13 to
Article 20 of Title 30 to the Colorado Revised Statutes, which authorized counties to create federal
mineral lease districts and provides for the manner of doing so, and
WHEREAS, the Board of County Commissioners desired to obtain the benefits of forming
a federal mineral lease act district as described in the Act, and
WHEREAS, the Board adopted a resolution in 2011 to comply with the requirements of
Section 30-20-1304(2), C.R.S., and to establish the Weld County Federal Mineral Lease Act
District (the "District"), and
WHEREAS, Senate Bill 12-031 was signed by the Governor into law on April 6, 2012, and
require actions by the Board prior to July 5, 2012, in order for the Weld County Federal Mineral
Lease Act District(the"District") to remain in compliance with the state statutes, and
WHEREAS, the intent of the Board in adopting this resolution is to comply with the
requirements of Senate Bill 12-031 and to thereby continue the existence of the Weld County
Federal Mineral Lease Act District(the "District"), and
WHEREAS, the District shall continue to include only the unincorporated portions of Weld
County; however, the Act does provide a procedure whereby the various municipalities of Weld
County may be included into the District, and
WHEREAS, although Senate 12-031 makes it permissive to have the District's Board of
Directors elected or appointed, the Board wishes to continue to have the District's Board of
Directors appointed by the Board, and appoint them to three-year staggered terms, and
WHEREAS, although Senate 12-031 makes it permissive to have a County Commissioner
on the Board of Directors of the District, but not required, the Board wishes to continue to have one
County Commissioner on the District's Board of Directors.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Weld County Federal Mineral Lease Act District shall continue
to exist, as established in 2011, in compliance with the changes in Senate Bill 12-031.
lC . nU'
_I a 2012-1092
SD0136
COMPLIANCE WITH SENATE BILL 12-031 REQUIRED CHANGES TO THE FEDERAL
MINERAL LEASE DISTRICT STATUTE FOR THE WELD FEDERAL MINERAL LEASE
DISTRICT AND APPOINTING THE MEMBERS OF THE DISTRICT BOARD TO STAGGERED
THREE-YEAR TERMS
PAGE 2
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that boundaries of the District shall be all of Weld County, except such portions of Weld
County that lie within the boundaries of the incorporated cities and towns of Weld County.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that there shall be three (3) members of the District Board appointed by a vote of the
majority of the Board of County Commissioners. All District Board members must be residents of
Weld County. Seat One shall be occupied by a member of the Board of County Commissioners.
Seat Two shall be occupied by a member and resident of the Weld County community. Seat Three
shall be occupied by a representative of an industry involved in the development, processing, or
energy conversion of fuels and minerals.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that the terms of all members shall be for three (3) years with staggered terms beginning
with at least one member's term expiring January 15, 2013, at least one member's term expiring
January 15, 2014, and at least one member's term expiring January 15, 2015.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that it hereby appoints the three District's Board of Directors of the Weld County
Federal Mineral Lease Act District to staggering terms, with David Long's term expiring
January 15, 2013, Travis DePorter's term expiring January 15, 2014, and Bruce White's term
expiring January 15, 2015, in compliance with Senate Bill 12-031.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by the
following vote on the 25th day of April, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
`
ATTEST: _ p
���, i . �
a Se- • ' ay, .air
Weld County Clerk to the :t•r• ��;;`,` �` / 7
! 1861 rJ; #�4Pa e`/ -
%nu �t m F. Gar ia, ro-Tem
BY: %/ . , . i;_ ?r
Deputy Clerk to the Boar% 0'j 1>�
AP ED O FORM: •\(J\ O1/`�' C Xi
David E. Lon
ounty Attorney 1
uglas Rademach r
Date of signature: 5/y
2012-1092
SD0136
Hello