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Home My WebLink About820301.tiff AR1113403 RESOLUTION RE: EXTENSION OF THE TERMINATION DATE FOR WEED CONTROL DISTRICT - BRIGGSDALE, STONEHAM, NEW RAYMER DISTRICT #8 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Y Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and 0 3 WHEREAS, a hearing was held before the Board of County Com- o rr ` Li / missioners on the 22nd day of December, 1982, at the hour of 2 : 00 o'clock p.m. , concerning the extension of the termination date for Briggsdale, Stoneham, New Raymer District #8, Weed Control District, located in Weld County, Colorado, and m t WHEREAS, a petition was presented to the Board requesting vz o - extension of the termination date of the above named district from December 31, 1982, to December 31, 1987, and _ WHEREAS, evidence was taken by the Board, and it appearing z to the Board that the extension of the termination date of the z above named weed control district should, in the best interest 0 CC E of Weld County, be extended. NOW, THEREFORE, BE IT RESOLVED. by the Board of County Com- sti missioners of Weld County, Colorado that, pursuant to Section 35-5-104 (7) , CRS 1973, as amended, the termination date of the above named weed control district, located in Weld County be, and hereby is, extended from December 31, 1982, to December 31, 1987. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of December, A..D. , 1982. ‘jj� BOARD OF COUNTY COMMISSIONERS ATTEST: " Ieumota;v WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Boar John Martin, Chairman ' . - Deputy County lerk Chuck Carlson, Pro-Tem r ` = w`'" r f D AS TO FORM: EXCUSED *' „0, `F' - Norman Carlson . &: ty Attorney . W. Ki y r ne K. St inmark 820301 yYt DATE PRESENTED: December 29, 1982 ce ; .,-74 - / < , A public hearing was conducted on December 22 , 1982 at 2 : 00 P.M. , with the following present : JOHN MARTIN CHAIRMAN CHUCK CARLSON PRO TEM NORMAN CARLSON COMMISSIONER - EXCUSED BILL KIR]3Y COMMISSIONER JUNE STEI.NMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, BETTE M. FOOSE ASSISTANT COUNTY ATTORNEY, LEE MORRISON The following business was transacted: I hereby certify that pursuant to a notice dated November 22, 1982 duly published in the La Salle Leader, a public hearing was held on the requests of the District Advisory Committee for the extension of the termination dates from 12/31/82 until 12/31/87 for the Southeast District #4, Platte Valley District #5, Eaton-Ault District #6 and Briggsdale-Stoneham-New Raymer District #8, Weed Control Districts. Lee Morrison, Assistant County Attorney, advised the Board to consider each of the weed districts and make separate motions for each. Milton Baumgartner, representing the Briggsdale district, urged that the Briggsdale-Stoneham-New Raymer District #8 be continued. He stated that the control district was doing a good job. Commissioner C. Carlson asked if he felt their was a weed control overlap with the County road way spraying. Mr. Baumgartner felt their wasn' t any significant overlap. James L. Johnson of the Brighton Weed Control District #5, bordering Adams County, stated Adams County does not have a weed control district and is causing problems on County Road #2. One side of the road is treated and the other side isn't and is a continued weed problem. Mr. Johnson stated it is imparitive to have a weed control district and recommended the Board renew it for another 5 years. John Ulreich of the Platteville area, said the weed control program is needed. Canadian thistle is a real problem in the Johnstown area. Tom Klausner of Southeast of Roggen, hordering Adams County, stated weed control in this area is a real problem and they must have a weed control district. V. E. Whitemore of District #5, stated he would hate to see the halt to spraying and control program. He recommended that in order to get better control he would recommend to start spraying earlier in the spring, around May 1st and to spray later in the fall. Canadian thistle is a very bad problem in this area and is of great concern stated Commissioner C. Carlson, concurred by Mr. Whitmore. Mr. Tateyama, ease. of Ault, recommended that the Board continue the weed control district and it is money well spent. Dave Kreps of Galeton, stated it is a worthwhile project and is in favor of continuing the program. Joel Shoeneman of Roggen said the district has been good as it seems to have created public awareness to the problems. The program is useful and is good in the Roggen area. No one was present in opposition to the program. LHR 21 TAPE 1182-100 Commissioner C. Carlson made a motion to approve Southeast District #4, extension of termination date to December 31, 1987. The motion was seconded by Commissioner Kirby. He commented on the buying procedures. The motion carried unanimously. Commissioner C. Carlson made a motion to approve Platte Valley District #5, extension of termination date to December 31, 1987. Commissioner Steinmark seconded the motion and it carried unanimously. Commissioner C. Carlson made a motion to approve the Eaton-Ault District #6, extension of termination date to December 31, 1987. Commissioner Kirby seconded the motion and it carried unanimously. Commissioner C. Carlson made a motion to approve the Briggsdale-Stoneham-New Raymer District #8, extension of termination date to December 31, 1987. Commissioner Kirby seconded the motion and it carried unanimously. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 1 BY: ' . /I�ti 1-CGr�-' _ ,�.,. ;Sohn T. Martin, Chairman n /2 J ;U. zL:r,a..°✓ ✓ ATTEST: ��t i v vt'ir WELD COUNTY CLERK AND REC DER AND CLERK TO THE BOARD n -- Deputy County -Clerk NOTICE Docket No. 82-78 P1rsuant to Section 35-5-104 (7) , Colorado Revised Statutes, 1973 as amended, notice is hereby given that a hearing will be held before the Board of County Commissioners of Weld County, Colorado, on the 22nd day of December, 1982 , at 2 : 00 o' clock P.M. , in the meeting room of the First Floor of the Weld County Centennial Center at 915 10th Street, Greeley, Colorado 80631 , at which time the Board of County Commissioners of Weld County, Colorado, will hear the evidence upon the petitions presented by the District Advisory Committee for the Southeast District # 4 , Platte Valley District #5 , Eaton-Ault District # 6 , and Briggsdale- Stoneham-New Rayner District #8 . Said petitions request an extension of the termination date of said districts from December 31 , 1982 until December 31 , 1987. All interested persons should appear at said hearing and give testimony as to whether or not said termination date should be extended. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY : Bette M. Foose, Deputy DATED: November 22 , 1982 PUBLISHED: November 25, 1982 in the La Salle Leader 15 XL Li IC ATTENDANCE RECORD TODAY' S HEARINGS ARE AS FOLLOWS : PLEASE write or print legibly your name, address and the DOC' # (as listed above) or the applicants name of the hearing you are attending . fAME A ADDRESS HEARING ATTENDING ' (1)J " x-091 [f' =y-1*4 '71,6�_.) A��o s E zG;:4=4^n Ib«,t�n / L ` , , ( 1, k l L i J /f �e� 21 :t ; v 4_ .J..a- - ,Y.ni.12.i 464/,, /f LrLC� t�.{.,ct-�}; '-I.[.�i<r"A-�S ` f Affidavit of Publication STATE OF COLORADO, 1 as. Caun! al Weld, ��.�44* _ of said County of Weld being duly-sworn say that— r I am publisher of 4.I.^ yV that the same is a weekly newspaper of general circulation pad\ prt ed 050. published in the a town of I ,r tp,'sn - in said county and state: that the notice cr adver tisemem, of which the annexed is, a true COPY. 4N9 t � has been published to said weekly newspaper q v eret•ge,µsse P AN e LO obte alaRSIS� s for __consecutive S q"k - •i • 4 �, weeks that thin notice was published in the San KAIb regular and entire issue of every rmnber of said during newspaper the period and time of PUF,h cation of said nonce and in the newspaper a .res *SSW DUOS proper and not in a supplement thereof: that the t y' first publication of said noises was contained in the issue of said ewspaper tsarina date t A4.1a '-.s...a ., + y� Y [�twR.[tLj�l�elly �./ � a _ i,7t1wrM0„ Yi. .VM L 1Mi... �iday of 7G� _ A.D., 19 �!L - and the last pubiicaticn tnerect in the issue at said.irewgpaper bearing date, the cts day ci 19 lee that the said _ ..—keg c // - . �' 4 -/ has been published continuously arid uninterrupt- edly during the period of at lacer fifty-two con- secutive weeks next prior to the first issue thereof containing said notice or advertisement above referred to: and that said newspaper was at the time of each of the publications of said notice duly qualified for that purpose within the mean inq of an act, entitled, "An Ad Concerning Legal Notices, Advertisements and Publications, and the Fees of Printers and Publishers thereof, and to Repeal all Acts and Parts of Acts in Conflict with the Provisions of this Act." approved April 7, 1921. and all amendments thereof, and particu- larly as amended by an act approved. March 30, 1923, and an act approved May 18,1931.etc732Leee..re 27/71r Subscribed aye sworn to before me this ...Act. ! day of .ealle49/7 A.D.. I9 r My commission expires Notary Publi ..?..7 l'/7 /de, 9 �/Leto c� Affidavit of Publication STATE OF COLORADO ss. County of Weld, I Paula A. Barton of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state: that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days) IDeeks): that the notice was published in the regular and entire issue of every number of said newspaper during the period and rime of publication of :a.. . said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the issue of said newspaper twdim r cot as�eJmW bearing date _ RM.,M.t11� • Flr Mao" _ tr.. Eighth c t, 1 day of December A.D. 1S82__; ww and the last publication thereof; in the issue of said • 100 newspaper bearing date the• __—_.—.—"— ww Eighth or root - day of December A.D. 19 82 • t :Zia that said The Greeley Daily Tribune and The Greeley Republican, has been published continuously and :w., �,,, • uninterruptedly during the period of at least six 4,., • months next prior to the first issue thereof contained • wewcou el:man >` ;t4 said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. December 8, 1982 Total charge: $11 .89 , _ k Advertising Clerk Subscribed and sworn to before me this 8th d o _ December A.D. 1982_ My co fission pirtkr 'i-prnm�iS'pn/iS Expires f'vla'uory la,. 1198e1Notary Public • STATE OF_ _ COLORADO DEPARTMENT OF AGRICULTURE I►r'J CC:WT !• of c'o2o 1525 Sherman Si eelQ Denver,Colorado 80203 l Y�/ (' ( 0o (303)866-2811 (, '�- -�- j..( t . l lr ?382 Richard D Lamm, Covet nor GREELEY. COLO. I Ian Gouking Commioionet November 23, 1982 Donald Svedman. I ep otv Commissioner Agricultural(commission Naioma Demon. Sterling Hen Eastman, MEMORANDUM Hotrhklss Iohn Malloy. )emer TO: County Commissioners IIVm Miller. Inn Lupton FROM: R. I. Sullivan, Director n )on Mr,,,[win Division of Plant Industry \L-- r inlet WdIiam Stephens, SUBJECT: Proposed Amendments to the Pest District Act `;vpor' l\'il liam Weh,ter, (aericy Enclosed for your information is a copy of the draft for proposed t lede Widener changes in. the Pest District Act. We hope that the suggested cranad,' amendments will make the formation of pest districts easier and henneth Wumote. clarify some questionable sections of the Act. Denver We would appreciate any comments or suggestions you may have. RIS:eg Enclosure A BILL FOR AN ACT CONCERNING PEST CONTROL DISTRICTS Be it enacted by the General Assembly of the State of Colorado: SECTION 1.. 35-5-101 (9) , Colorado Revised Statutes 1973, as amended, is amended to read: 35-5-101. Definitions. (9) "Person" includes person, COMMISSIONER, firm, corporation or association. SECTION 2. 35-5-102, Colorado Revised Statutes, 1973, as amended, is amended to read: 35-5-102. Duty to control weeds. It is the duty of all persons owning OR LEASING land or any interest therein in the district, the state department of highways, the boards of county commissioners, school boards, the governing authorities of incorporated towns and cities and of railroads and ditch companies, and those persons supervising state-owned lands, exeept lends eee- tvelled by the state beetd e€ lead eemm#ss£eaere, to use reasonable means to prevent the formation of viable seed by noxious weeds if the same are likely to be materially damaging to land of neighboring landowners. SECTION 3. 35-5-104 (1) , (3) , (4) , (5) , (6) , (7) , and (8) , Colorado Revised Statutes, 1973, as amended, is amended to read: 35-5-104. Pest control district - procedure to establish. (1) When- ever twenty-five percent of the resident landowners AND RESIDENT LESSEES within a contiguous territory desire to form a pest control district, as defined in this subsection (1) , they may file a petition for that purpose with the board of county commissioners of the county in which the land is located. Such petition shall be addressed to the board of county commis- sioners of such county, and shall contain a description of the boundaries Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. of the proposed district and a description of the land of each person signing such petition, and shall state that the said proposed district has been invaded, or is in danger of being invaded, by noxious weeds, insect pests, or plant diseases injurious to agricultural crops, trees, fruits, or pasture, and shall name the specific pests or diseases against which said petitioners desire to be protected, and shall state the termination date of the proposed district. Such petition shall be signed by each landowner OR RESIDENT LESSEE joining in the petition by his proper signature, together with his address, and the date of the petition shall be the date of its filing in the office of the board of county commissioners. Any petitioner may revoke and cancel his signa- ture to such petition at any time before said petition is filed, but not after such filing has been made. (3) After examination of the petition, if the board of county commis- sioners finds the petition in order and properly signed by twenty-five percent of the resident landowners OR RESIDENT LESSEES within the proposed district, the board shall., within thit=ty FIVE days after receipt of the petition, mail ballots to all landowners AND LESSEES in the proposed district, to the addresses as shown by the records of the county assessor, stating that said ballots are to be returned to the board's office within twenty TEN days from the date of mailing. If, after a tally of the votes has been made, the board finds that sixty-six and two-thirds percent of the landowners AND LESSEES voting have voted in favor of the district, and the landowners AND LESSEES voting own OR LEASE fifty percent of the land in the proposed district, the board shall declare the district established. Acreage owned by the federal or state governments shall not be considered in determining the percentage of land voted. - 2 - (4) Such petition may, in addition to the matters set forth in this section, request the board of county commissioners to take charge of and supervise the work in connection with the control or eradication of the pests named. The board, if a pest control district is created upon the petition. in accordance with this article, shall proceed during the existence of said district, through the county pest inspector, to control or destroy such pests at the times and in the manner and by the aid of such means and additional help as the commissioner and county pest inspector recommends, and the board may enter into contracts to have the necessary work done in the district where noxious weeds, insect pests, or plant diseases occur in epidemic proportion. Such contracts shall be let through competitive bidding, and the board may pay for the work and materials expended. Said contracts may he let for periods not to exceed one year and may be renewed if necessary. The board of county commissioners also may enter into contracts with land- owners AND LESSEES in which the landowners AND LESSEES are obligated for their share of the total cost of control operations. (5) If the owner OR LESSEE of any lands adjoining an established pest control district desires to have such lands included within the district, he may petition the board of county commissioners of the county in which the district is located and to which district annexation of his land is desired. The petition shall contain a description of the boundaries of the lands so desired to be annexed and shall be signed by the petitioner. The board shall act on said petition within *en FIVE days after the receipt thereof. If the board finds that the petition is in order, that the boundaries of the lands described in the petition are accurate, that the lands adjoin the established district, and that the petition is properly signed, it shall, by order, declare that the lands petitioned to be annexed to the district shall be -3- included as a part of the district. Within ten FIVE days after such action upon the petition, the board shall notify the petitioner, the county assessor, the district advisory committee of the district in which such lands are to be included, and the department of agriculture of its action. Two or more owners OR. LESSEES of lands adjoining an established pest control district may join in and sign a single petition for annexation of their adjoining lands to an established district in the manner prescribed in this subsection (5) . (6) The district advisory committees of two or more adjoining pest control districts may petition the board of county commissioners of the county in which such districts are located, requesting the consolidation of such dis- tricts. The board shall act on the petition with tee FIVE days after the receipt thereof. If the board determines that through such consolidation the districts could be more economically and efficiently operated, the board shall submit the question of such consolidation to all of the landowners AND LESSEES of each of the districts desiring to consolidate by causing to be mailed to each such landowner OR LESSEE, to his address as shown by the records of the county assessor , a ballot requesting his vote for or against said consolidation and the return of such ballot within twenty TEN days to the board. If fifty- one percent of the landowners voting in each such district vote in favor of the consolidation, the board shall immediately, by order, declare the dis- solution of the districts to be consolidated and the establishment of the consolidated new district, and shall thereupon notify the county assessor and district advisory committees of the dissolved districts of the termination of their respective committees, and shall appoint a new five-member district advisory committee for the consolidated district. (7) When a pest control district which was established for the control and eradication of specified pests desires to extend the termination date of -4- 1 the district, the district advisory committee shall petition the board of county commissioners of the county in which such district is located, requesting the extension of the termination date. The board shall act on the petition within ten days after the receipt thereof. If the board deter- mines that suci extension of the termination date is advisable and is needed for adequate pest control in the district, the board shall submit the ques- tion to all landowners AND LESSEES of the district by causing to be mailed to each landowner OR LESSEE, to his address as shown by the records of the county assessor, a ballot requesting his vote for or against said extension of the termination date and the return of such ballot within twenty TEN days to the board. Lf fifty-one percent of the landowners AND LESSEES voting in the district vote in favor of the extension of the termination date, the board shall immediately declare the extension of the termination date and shall so inform the district advisory committee and the county assessor. (8) When a pest control district which was established for the control and eradication of specified pests desires to add additional pests to be controlled witnin the district, the district advisory committee shall petition the board of county commissioners of the county in which such dis- trict is located requesting that a stipulated pest or pests should be added to the pests to be controlled in the district. The board shall act on the petition within ten FIVE days after receipt thereof. If the board determines that such pests should be controlled within the district, the board shall submit the question to all landowners and lessees of the district by causing to be mailed to each landowner or lessee, to the address as shown by the records of the county assessor, a ballot requesting his vote for or against the addition of the stipulated pests to be controlled within the district -5- and the return of such ballot within twenty TEN days to the board. If fifty- one percent of the landowners AND LESSEES voting in the district vote in favor of the inclusion of said pests within those to be controlled, the board shall immediately declare that the stipulated pests shall be controlled within the district and shall so inform the district advisory committee. SECTION 4 . 35-5-]05, Colorado Revised Statutes, 1973, as amended, is amended to read: 35-5-105. Advisory committee. After the formation of a pest control district and before any weed or pest control program has been initiated by the county pes-c inspector, the board of county commissioners shall appoint an advisory committee of five or more members, who shall serve at the pleasure of the board of county commissioners. Should a vacancy occur, the board of county commissioners shall fill the vacancy by appointment within thirty days. The conmtittee members shall be resident landowners OR RESIDENT LESSEES and, insofar as is practical, shall have a practical knowledge of weed and pest control and shall geographically represent the district. SECTION 5. 35-5-108 (4) , Colorado Revised Statutes, 1973, as amended, is amended to read: 35--5-108. Control or eradication methods and procedures - notice _ assessments - protests. (4) If any landowner OR LESSEE within the district is dissatisfied with the itemized statement of expense, he may, within thirty days from the mailing or publication of the account showing such charge, file a written protest with the board of county commissioners. Not later than ten days after the filing of such protest, the board of county commissioners shall fix a time and place for hearing on the protest filed, to be held not less than ten days nor more than thirty days from the date of notice of the hearing, and immediately after such hearing the board of county commissioners shall make - 6 - written findings and such changes in the assessment as may be determined to conform with such findings. SECTION 6. 35-5-108, Colorado Revised Statutes 1973, as amended, is further amended by the addition of section (5.1) , which shall read: 35-5-108. Control or eradication methods and procedures - notice- assessments - protests. (5.1) A FINAL STATEMENT OF EXPENSE SHALL BE PRE- SENTED TO ANY LESSEE WHO SHALL BE RESPONSIBLE FOR PAYMENT WITHIN THIRTY DAYS OF RECEIPT OF THE STATEMENT. IN THE EVENT PAYMENT IS NOT MADE WITHIN THIRTY DAYS OF SAID NOTICE OR IF A PROTEST IS NOT FILED WITHIN THIRTY DAYS AFTER THE FINDINGS OF DETERMINATION OF SUCH PROTEST, THE COUNTY ASSESSOR SHALL EXTEND THE AMOUNT UPON THE ASSESSMENT ROLLS AND SAID ASSESSMENT SHALL THEREON BECOME A PART OF THE GENERAL TAX AND CONSTITUTE A LIEN UPON ANY IMPROVEMENTS LOCATED UPON THE TRACT AND OWNED BY THE LESSEE. IN THE EVENT SAID IMPROVEMENT VALUES DO NOT SATISFY THE STATEMENT OF EXPENSE, SUCH CHARGE MAY BE RECOVERED IN AN ACTION THEREFOR BY THE COUNTY IN ANY COURT OF COMPETENT JURISDICTION. SECTION 7. 35-5-109, Colorado Revised Statutes 1973, as amended, is amended to read: 35-5-109. Owner OR LESSEE refuses action. When noxious weeds, insect pests, or plant diseases are found on a property not listed on the tax rolls of the county and the owner OR LESSEE of the property refuses or fails to take the necessary action to control or eradicate such noxious weeds, insect pests, or plant diseases, after notice as prescribed in section 35-5-108, the county pest inspector shall treat the same as though listed on the tax rolls, and the expense thereof may be recovered by the county in an action therefor in any court of competent jurisdiction. The control or eradication of noxious weeds, insect pests, or plant diseases on county property may be contracted for by the inspector, with the approval of the board of county commissioners, at county expense. - 7 - SECTION 8. 35-5-112 (1) , (2) and (3) , Colorado Revised Statutes 1973, as amended, are amended to read: 35--5--112. Pest control district on public lands - notice - charges. (1) When an area designated as a pest control district by the board of county commissioners of any county contains public lands, it is the duty of the com- missioner to notify the proper state departments which control or supervise the public_ lands within the area so designated that such a district has been formed. It is the duty of any such department so notified; exeept 4n the ease e€ lands Hader the ierisdietiea e€ the state heard o€ lend eemm=-rssiefters; to control or eradicate all noxious weeds, insect pests, or plant diseases on any lands under its jurisdiction, and included within the boundaries of the district and for which the district was organized, using the methods prescribed by the commissioner. (2) In case such department; ether than the state beard e€ lend eemmis- sieaers-,; fails to so control or eradicate such pests, it is the duty of the inspector in the county where the infestation is located to enter upon such lands and undertake the control or eradication of such noxious weeds, insect pests, or plant diseases, or cause the same to be done, the expense thereof to be a proper charge against the department; exeept the state beard o€ land eemmissieners; which has jurisdiction over the lands. If not paid, such charge may be recovered in an action therefor by the county in any court of competent jurisdiction; except that it is permissible for any such state department; exeept the state beard e€ lend eemmissteaerss which controls or supervises lands in the designated pest control district to enter into a contract with the board of county commissioners of the county wherein the land is situated to authorize the county pest inspector to undertake the control or eradication of all noxious weeds, insect pests, or plant diseases, -8- as provided in this article, on state-controlled land in the district on terms and conditions satisfactory to both parties. (3) In the case of lands controlled by the state board of land commis- sioners, which land is included within a district, the costs incurred in controlling or eradicating noxious weeds, insect pests, or plant diseases, which would be chargeable to the owner of the land if privately owned, shall he paid by the depeeement e€ agrieu eufe item funds available to 4t fat the administratiee e€ this eet4eie LESSEE. SECTION 9. Repeal. 35-5-119, Colorado Revised Statutes 1973, as amended, is repealed. SECTION 10. 35-5-120 (2) , Colorado Revised Statutes 1973, as amended, is amended to read: 35-5-120. Grasshopper and range caterpillar control. (2) Upon receipt by the commissioner of a certification of such an area, AND UPON DEPOSIT WITH THE COMMISSIONER THE LANDOWNERS AND LESSEES PROJECTED SHARE OF THE COST OF CONTROL FOR GRASSHOPPERS OR RANGE CATERPILLARS, the commissioner shall immediately direct operations to commence to control the grasshoppers or range caterpillars in such area. SECTION 11. Repeal. 35-5-122 (1) (c) , Colorado Revised Statutes 1973, as amended, is repeated. SECTION 12. 35-5-122, Colorado Revised Statutes 1973, as amended, is amended by the addition of a new subsection (1) (c) to read: 35-5-122. Costs of control operations. (1) (c) THE LANDOWNERS AND LESSEES PROJECTED SHARE OF THE CONTROL COSTS FOR GRASSHOPPERS OR RANGE CATER- PILLARS SHALL BE AVAILABLE TO THE COMMISSIONER FOR ADMINISTRATION OF THIS ARTICLE. SECTION 13. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. - 9 - Hello