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RESOLUTION
RE: DESIGNATION OF WELD COUNTY AS A DISASTER AREA DUE TO GRASS-
HOPPER INFESTATION AND APPOINTMENT OF STAN BOYES, WELD COUNTY
EXTENSION AGENT AS WELD COUNTY'S REPRESENTATIVE IN THE STATE
SPRAYING PROGRAM.
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, an invasion of grasshoppers threata'rs the destruc-
tion of 2 .5 million acres of grass and crop lands in the State
of Colorado, and
WHEREAS, by Proclamation and Executive Order of Richard D.
Lamm, Governor of Colorado, the Colorado Department of Agricul-
ture is to plan and implement a grasshopper infestation eradica-
tion operation in cooperation with the affected counties, and
WHEREAS, Weld County has been designated as an affected
county, and
WHEREAS, the Board of County Commissioners deems it advisa-
ble and in the best interests of Weld County, Colorado to declare
Weld County a disaster area and to participate in the state
grasshopper infestation eradication operation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners that Weld County be, and hereby is , declared to be
a disaster area due to a grasshopper infestation, and
BE IT FURTHER RESOLVED by the Board that Weld County parti-
cipate in the state grasshopper infestion eradication operation, and
BE IT FURTHER RESOLVED by the Board that Stan Boyes, Weld
County' s Extension Agent, be and hereby is, appointed as Weld
County' s representative in the state grasshopper infestation
eradication program.
The above and foregoing Resolution was, on motion duly made
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and seconded, adopted by the following vote on the 10th day of
July, A.D. , 1978.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 1' Imo} 44 ,%
Weld County Clerk and Recorder
d Clerk to the B d
Deputy Coun C erk
ct:
TO FORM•
ee0
County Attorney
Date Presented: July 17 , 1978
_Alan
� AGRICULTURAL COMMISSION
• Richard D.Lamm - .
_. ,.
Governor ... -. �i _ Clarence Stone.Center
V
lea` William A.Suphena.Gybswn
�r Vies-CMimten
J. Even GouldingCommissioner COLORADO DEPARTMENT OF AGRICULTURE wn E"°"'"• Hotchkiss
John L.Malloy, Denver
406 .STATE SERVICES BUILDING .. M.C. MCConni°k.Holly
1525 SHERMAN STREET . - - Elton Miller. Fon Lupton
DENVER, COLORADO 60201 Kay D.Morison.Flaming
Donald L. Svetlmen - William N.Webster, Greelay
Deputy Commissioner _ Kenneth G.WHmore, Denver
. July 8, 1978
•
COUNTY COMMISSIONERS
IN COUNTIES EFFECTED BY GRASSHOPPER INFESTATION
Dear County Commissioners:
As you are undoubtedly aware by now, the call has gone out for a
special session of the Colorado General Assembly, to convene at
10:00 a.m. on Monday, July 10, 1978, for the purpose of considering
the appropriation of funds for a major grasshopper eradication
program.
Attached to this letter is a copy of a Proclamation which has been
issued by Governor Lamm this day establishing certain basic ground-
rules for the implementation of the eradication program.
•
In summary, procedure is for the County Commissioners in any affected
county to notify the Agriculture Dept. that an infestation of disaster
proportions exists, and request the participation of the state in
dealing with the problem. Upon receiving this request, and upon
receiving a confirmation report from the Colorado Department of-Agricul-
ture, the affected county would be declared a disaster county for the '
purposes of grasshopper eradication_* the Governor. -
Upon receiving this declaration, the Board of County Commissioners
should certify the area or areas within the county, of 8;000 or more
contiguous acres which are infested,,_and also certify that money has or will
te collected from the owners of at:least 75 percent of the land...included,
to reimburse the-state for 50 percent of the cost of spraying cropland,
or 33 1/3 percent •of the cost of spraying rangeland which the Federal
Government is committed to"participate-on.-
- Upon receiving this certification, the Colorado Department of Agriculture
will immediately move into action in accomplishing the spraying of the
designated lands.
-
County Commissioners
Page 2 •
July 7, 1978
The costs that we are working with at this point are approximately
$1.50 per acre on rangeland, and approximately $4.00 per acre on
cropland. Inasmuch as we do not have completely accurate. acreages
nor firm bids, these figures must be approximate, and may increase
or decrease slightly as more detailed information becomes available.
We are taking all possible steps to be ready to start spraying as
early as Wednesday, July 12, in those areas which have been certified
by the counties.
The special session of the Legislature will be considering the problem
of liability for the spray operations, and we expect that the Legisla-
ture will enact measures to limit the liabilities which now exist
under the Colorado Disaster Emergency Act.
I and members of my staff serving as the lead agency in making arrange-
ments for spraying. If you have questions or problems relative to
your county participation, please call me or Bob Sullivan, Director
of our Plants Industry Division, telephone number 839-2838.
Department of Agriculture fieldmen are now in several of the counties
performing onsite surveys. They will be in communication with your
local Extension Agents and Soil Conservation Service fieldmen. If
they can be of any assistance to you in evaluating the scope of problems
existing within your county, please don't hesitate to call upon them.
We will continue to keep you informed as the special session proceeds
and as further preparations are made.
Sincerely,
Rea,
Evan Goulding
Commissioner
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Statedli rr, E JUL ". 19'18
axseutIVt CHA ►eaeRa ELECTIONS DIVISION,
SECRETARY. OF. STATE
DENVER
RICHARD D. LAMM
Governor E X E C U T I V_E., ORDER c.Y
• PROCLAMATION
CALL FOR SECOND EXTRAORDINARY SESSION
FIFTY-FIRST GENERAL ASSEMBLY !'
WHEREAS, Section 9•of Article IV of the Constitution
of the State of Colorado provides that, "The Governor may,
on extraordinary occasions convene the General Assembly,-
by Proclamation, stating therein the purpose for which it is
to assemble; but at such special session no business shall
be transacted other than that specially named in the procla-
mation", and Section 7 of Article V of the Constitution
provides that, "The General Assembly shall meet at other r
times when convened in special session by the Governor", and
WHEREAS, In the opinion of the Governor, an extraordinary
occasion has now arisen and now exists as a result of a
grasshopper infestation thr'atening range land and crop land
in Colorado; and
WHEREAS, Immediate preventive action must be taken to
limit and control the spread of this infestation, and
WHEREAS, Legislative action is required to'insure the availability of financial resources-to meet this problem
and to assert the sovereign immunity of the State of Colorado
in its efforts to control this infestation;
NOW, THEREFORE, I, Richard DL Lamm,` Governor of the '
proclamation State Of Colorado, do by this roclamation convene the
Fifty-First General Assembly of this State, and. hereby
summon the members thereof to meet in Special Session at
the State Capitol , in the City and County of Denver, on the
10th Day of July, -A.D. , 1978, at 10:00 o'clock A.M.
r,-
The Purposes for which the General Assembly is
convened are as follows:
To consider measures and appropriate funds for
combatting the grasshopper infestation afflicting
Colorado; and
To limit liability for acts committed for the
purpose of combatting the grasshopper infestation; and
To appropriate funds for the conduct of this
Extraordinary Session of the Fifty-First General Assembly.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Great Seal of the State of Colorado to be
affixed hereto, at Denver, Colorado, this Seventh Day of
July, A.D. , 1978.
Ri and D. amn
Go rnor of the State of A
Colorado
Attest:
Mary Estill Buchanan
• Secretary of State
.. may iLtie3/4
.,%ate
EXECUTIVE CHAMBERS
DENVER
RICHARD D. LAMM
Governor
EXECUTIVE ORDER
PROCLAMATION
WHEREAS, an invasion of grasshoppers threatens the destruction
of 2.5 million acres of grass and crop lands; and
WHEREAS, this infestation places the economic viability of
agricultural communities in Baca, Bent, Cheyenne,
. . ,Crowley, Custer, Kiowa, Kit Carson, Las Animas,
' / Lincoln, Logan, Morgan, Otero, Phillips, Prowers,
FA Pueblo, Sedgwick, Washington, Yuma, and Weld Counties
t c in serious and imminent jeopardy; and-
WHEREAS, immediate preventive action is required to meet this
threat; and
WHEREAS, these conditions do create an emergency within the intent
of Article 2 of Chapter 28, Colorado Revised Statutes, 1973
as amended;
NOW, THEREFORE, it is found, determined and declared that an emergency
exists due to the aforesaid infestation, and such area is declared to
be a Disaster Area requiring aid, assistance and relief available
pursuant to the provisions of -State Statutes.
IT IS HEREBY ORDERED that the Colorado Department of Agriculture
• immediately plan and implement a grasshopper infestation eradication
operation, in cooperation with the affected counties.
IT IS FURTHER ORDERED that the program shall observe the following
prodedures:
1 . Eligibility for participation is limited to the
following counties: Baca, Bent, Cheyenne, Crowley, Custer, Kiowa,
Kit Carson, Las Animas, Lincoln, Logan, Morgan, Otero, Phillips,
Prowers, Pueblo, Sedgwick, Washington, Yuma, and Weld.
Boards of county commissioners are to notify the Commissioner
of Agriculture of their intention to participate in this program. The
Commissioner is charged with investigating whether a serious grasshopper
infestation exists or is imminent in the applicant county. Officers
and employees of the Department of Agriculture shall have free access
to all public and private lands and premises, and are hereby authorized
to enter thereon for the purpose of making such an investigation.
The Commissioner shall report his findings to the Governor.
Upon a finding by the Governor that a major grasshopper infestation
has occured or is imminent, the county or that portion of the county
shall be declared a disaster area eligible for participation in this
program, provided the county has provided reasonable assurance to the
Governor of financial participation by local governmental units of
the areas affected.
2. The Commissioner of Agriculture shall determine the
manner in which the counties participate in this program. Each
participating county will be liable for contributing fifty percent
of the cost per crop acreage as determined by the Department of
Agriculture and one third the cost per acre for range acreage to
pay for the extermination of the grasshoppers which are infesting
the designated area. The counties, in turn, are to collect these
sums from the participating landowners. In the event that the
landowners fail to meet their required contributions, the State
of Colorado will hold the participating counties liable for the
differential .
Counties have 15 days after the commencement of spraying
operations to remit their share of the costs to the State Treasurer.
All moneys received by the State Treasurer are to be placed in the
Disaster Emergency Fund, or any other fund determined by the
Colorado General Assembly.
In the event the Federal government fails to participate
in the range land program, the landowner share will be fifty percent
of the cost per acre as determined by the Department of Agriculture.
No county will be eligible to participate in this program
unless and until it has informed the Commissioner of Agriculture of
its consent to meet these financial obligations. All administrative
costs incurred in collecting these obligations from the landowners
are to be born by the participating counties.
The Commissioner may promulgate additional financial rules
as he sees fit.
3. The Commissioner of Agriculture is authorized to
determine the procedures for designating areas suitable for eradi-
cation operations. The Commissioner of Agriculture is authorized
to make a determination of priority areas for the implementation of the
eradication program.
4. All persons authorized to carry out emergency measures
directed under the provisions of this program shall have free access
with prior approval of the board of county commissioners to all
public and private lands and premises within the specified areas and
are authorized to enter thereon and to perform such work, and take
such measures as directed without the consent of the owners thereof.
5. Whenever practical , the landowner or tenant shall be
notified at least 24 hours prior to the commencement of crop, range
land or other spraying operations by radio, newspaper or other means
of public communication.
6. By the powers reserved to the Executive in the Emergency
Act, those provisions in the Pest Control Statutes relating to grass-
hopper infestations (35-5-116 to 35-5-121 , Colorado Revised Statutes,
1973 as amended) that conflict with the provisions of this Proclamation
are hereby waived. Restrictions in these statutes relating to range
lands, the requirement of establishing grasshopper control districts,
and any other provision that conflicts with the emergency aid plan
are declared inoperative.
7. All rulemaking or contracting procedures that would
inhibit the Department of Agriculture in responding to the grasshopper
infestation are hereby waived. This waiver is limited specifically
to actions related to the grasshopper infestation.
8. In any area where landowners and county officials have
agreed to meet the terms for designation of treatment set forth by
the Department of Agriculture, all landowners in the designated
treatment area, regardless of whether they initially consented to
participate in the eradication program, will be considered liable for
contributions of their share of the eradication program costs. The
State of Colorado will hold the counties liable for collecting these
funds.
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9. The Commissioner of Agriculture is hereby appointed
to the Disaster Emergency Council for the duration of the grasshopper
infestation crisis.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Executive Seal of the State of Colorado to be hereunto affixed at
Denver, Colorado, this Eighth Day of July, A.D. , 1978.
; :c, i `t Richard D. Lamm
i ti „ �C�''{ Governor, State of Colorado
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