HomeMy WebLinkAbout20112263 RESOLUTION
RE: ESTABLISH THE WELD COUNTY FEDERAL MINERAL LEASE DISTRICT, SETTING
FORTH THE PURPOSE AND DUTIES OF THE WELD COUNTY FEDERAL MINERAL
LEASE ACT DISTRICT BOARD, AND APPOINTING THE INITIAL MEMBERS OF THE
DISTRICT BOARD
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 authorizes counties to create federal
mineral lease districts and provides for the manner of doing so, and
WHEREAS, the Board of County Commissioners desires to obtain the benefits of forming
a federal mineral lease act district as described in the Act, and
WHEREAS, the intent of the Board in adopting this resolution is to comply with the
requirements of Section 30-20-1304(2), C.R.S., and to thereby establish the Weld County Federal
Mineral Lease Act District (the "District"), and
WHEREAS, the District shall include only the unincorporated portions of Weld County;
however, the Act does provide a procedure whereby the various municipalities of Weld County
may, by ordinance, be included into the District subsequent to the date of approval of this
Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Weld County Federal Mineral Lease Act District is established,
as follows:
Section 1. Establishment of the Weld County Federal Mineral Lease Act District and District
Boundaries.
There is hereby established the Weld County Federal Mineral Lease Act District (the
"District") to develop and submit to the BOARD OF COUNTY COMMISSIONERS a service plan for
the District as provided in Section 30-20-1305, C.R.S., and to thereafter exercise the powers and
comply with the duties set forth in Section 30-20-1307, C.R.S. The 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 upon the date of the adoption of this Resolution.
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s -1-1 -t t 2011-2263
SD0136
ESTABLISH THE WELD COUNTY FEDERAL MINERAL LEASE DISTRICT, SETTING FORTH
THE PURPOSE AND DUTIES OF THE WELD COUNTY FEDERAL MINERAL LEASE ACT
DISTRICT BOARD, AND APPOINTING THE INITIAL MEMBERS OF THE DISTRICT BOARD
PAGE 2
Section 2. Membership of the District Board
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.
All members shall serve at the pleasure of the Board of County Commissioners and may
be removed at any time, with or without cause, by a majority vote of the Board of County
Commissioners. The terms of all members shall be for two (2) years from the date of appointment.
If the Board of County Commissioners extends the term of the District, pursuant to
Section 30-20-1304(5), C.R.S., members of the District Board may be appointed to serve
successive terms without limitation.
All members of the District Board shall serve without compensation, except for such
amounts determined appropriate by the Board of County Commissioners to offset expenses
incurred by District Board members in the performance of their duties in such capacity. All
compensation allowed to District Board members shall be subject to the limit on administrative
costs provided in Section 30-20-1307(1)(b), C.R.S.
The initial members of the District Board shall be appointed by separate Resolution of the
Board of County Commissioners.
The officers of the District Board shall be the president and a secretary who shall be
elected annually by the District Board from its own members. Two members of the District Board
shall constitute a quorum.
Section 3. Duties of the District Board
a. The District Board shall prepare and submit to the Board of County Commissioners, for
approval, a district Service Plan, within 90 days after the adoption of this Resolution.
b. The District Board shall distribute, on an annual basis, all of the funding that District
receives from the Department of Local Affairs, except such funds as expended or reserved
for administrative expenses, as permitted by Section 30-20-1307(1)(b), C.R.S., to areas
within the District that are socially or economically impacted by the development,
processing, or energy conversion of fuels and minerals leased under the Federal "Mineral
Lands Leasing Act" of February 1920, as amended. In doing so, the District Board may
review any reports or studies made or may seek any additional reports or studies it deems
necessary regarding the distribution of funding in the District.
2011-2263
SD0136
ESTABLISH THE WELD COUNTY FEDERAL MINERAL LEASE DISTRICT, SETTING FORTH
THE PURPOSE AND DUTIES OF THE WELD COUNTY FEDERAL MINERAL LEASE ACT
DISTRICT BOARD, AND APPOINTING THE INITIAL MEMBERS OF THE DISTRICT BOARD
PAGE 3
c. The District Board may cooperate or contract with any other district formed under the Act to
provide any function or service lawfully authorized to each of the cooperating or contracting
districts, including the sharing of costs, only if the cooperation or contracts are authorized
by each district with the approval of each district's board of directors. Any contract
providing for the sharing of costs may be entered into for any period, not to exceed the
existence of the district and notwithstanding any provision of law limiting the length of any
financial contracts or obligations of governments. Any such contract shall set forth fully the
purposes, powers, rights, obligations, and responsibilities, financial and otherwise, of the
contracting parties. Where other provisions of law provide requirements for special types of
intergovernmental contracting or cooperation, those special provisions shall control.
Section 4. Meetings
a. The District Board shall meet at least quarterly.
b. All special and regular meetings of the District Board shall be held at locations that are
within Weld County. This requirement governing the location of meetings may be waived
only if the proposed change of location of a meeting of the District Board appears on the
agenda of a regular or special meeting of the District Board and if a resolution is adopted by
the District Board stating the reason for which a meeting of the District Board is to be held
in a location other than under the general provisions of this Section 4.b, and further stating
the date, time and place of such meeting.
c. Minutes shall be kept of all District Board meetings.
d. The District Board shall comply with all requirements of the Open Public Meetings Act,
(Section 24-6-401, C.R.S., et seq.) applicable to"local public bodies" as defined in that Act.
2011-2263
SD0136
ESTABLISH THE WELD COUNTY FEDERAL MINERAL LEASE DISTRICT, SETTING FORTH
THE PURPOSE AND DUTIES OF THE WELD COUNTY FEDERAL MINERAL LEASE ACT
DISTRICT BOARD, AND APPOINTING THE INITIAL MEMBERS OF THE DISTRICT BOARD
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of August, A.D., 2011, nunc pro tunc June 29, 2011.
BOARD OF COUNTY COMMISSIONERS
WE,LD COUNTY, COLORADO
ATTEST: .� i1 �� 1.41L-5 G tK}/X-t�7�tt c.
+� ►` �` rbara Kirkmeyer Chair /
Weld County Clerk to • B , ,• ;
San P. ay, Pro-Tem
BY:
Deputy Clerk to the t '(�N P.
F. G-rcia
AP O D ORM: c �
David E. Lon
County Attorney ,2..
Dougl-s Radem-cher
Date of signature: 8/17
2011-2263
SD0136
CLERK TO THE BOARD
I8 b I - 2 0 I I PHONE: (970) 336-7215, EXT.4218
FAX: (970) 352-0242
- 915 10TH STREET
P.O. BOX 758
GREELEY, COLORADO 80632
WELD__-COUNTY
STATE OF COLORADO )
ss
COUNTY OF WELD
I, Bruce T. Barker, Clerk to the Board of County Commissioners, in and for the County of
Weld, State of Colorado, do hereby certify that the attached copy of Resolution #2011-2263,
dated August 17, 2011, is a duplicate of the original Resolution on file in the Weld County Clerk
to the Board's office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County at Greeley, Colorado, this 17th day of August, 2011.
CLERK TO THE BOARD 361
BY: -,.L: r !�r• RI
DEPUTY CLERK TO THE
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