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HomeMy WebLinkAbout20021207.tiff WELD COUNTY EMERGENCY CODE ORDINANCE 2002-5 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS TO APPENDIX 19-H URBAN GROWTH BOUNDARY MAP ATTACHED TO COORDINATED PLANNING AGREEMENT WITH THE TOWN OF MEAD, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of 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 Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, on May 22, 2000, the Board of County Commissioners and the Town of Mead approved a Coordinated Planning Agreement ("Mead CPA"), which has been incorporated into the Weld County Code ("Code") in Sections 19-8-10 through 19-8-80, and WHEREAS, Appendix 19-H of the Weld County Code is a map showing the Urban Growth Boundary Area ("Mead UGA") for the Mead CPA, and WHEREAS, by resolution of its Board of Trustees dated February 11, 2002, a copy of which is attached hereto as Exhibit "A," the Town of Mead has approved, and is requesting, the consent of the Board of County Commissioners to amend the Mead UGA map to include those properties which are listed with their parcel numbers on the attached Exhibit "B," and WHEREAS, the Board of County Commissioners has received copies of requests and consents to such inclusion from the property owners of all of the properties listed in Exhibit B, with the exception of the following: Parcel # Owner(s) 120735200053 California Homes, Inc. 120735200054 First National Bank of Longmont, Trustees For Susan L. Adrian 120702000037 Lillian D. Markoff 120735200052 Eric Neuman 120702000046 Daniel A. and Sharon E. Robson, and WHEREAS, Section 19-8-80 of the Code allows for changes in the UGA by resolution of the Town concurred in by the County when the change is a deletion to the UGA or an addition of property which: (1)was in common ownership and contained within a common legal description with property previously included in the UGA; or (2) directly adjacent to and contiguous with property previously contained within the UGA and capable of being served by the Town's services, including water or sewer, within a reasonable period of time, and WHEREAS, all of the properties listed in Exhibit B either have been requested or consented to by their owner(s) for inclusion into the Mead UGA; are in common ownership and contained within a common legal description with property previously included in the UGA; or are directly 2002-1207 adjacent to and contiguous with property previously contained within the UGA and capable of being served by the Town's services, including water or sewer, within a reasonable period of time, and WHEREAS, by Section 3-14(6) of the Weld County Home Rule Charter requires any ordinance which is declared therein to be an emergency ordinance to be enacted by four-fifths vote of the Board. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows: Amend Appendix 19-H, Urban Growth Area Map for the Town of Mead, so that all of the properties listed in Exhibit B are included within the Mead UGA forth. BE IT FURTHER ORDAINED by the Board that an emergency exists which requires that Code Ordinance #2002-5 be, and hereby is, declared to be an emergency ordinance under the provision of Section 3-14 of the Weld County Home Rule Charter. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub-sections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and sub-sections in said Code. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. Read and Approved: March 27, 2002 Publication: April 3, 2002, in the Tri-Town Farmer and Miner Effective: March 27, 2002 WHEREAS,Section 19-880 of 1EEID CO(Rlly the Code allows for changes r'\ DAMIGS*CY COOS in the UGA by resolution of i1 OE-JAMS the Town concurred in by' Ws.. it'll the County when the CTINNG, WITH UGA A or change is a deletion to the ATSWE NA an addition of AMENDMENTS TO APPENDIX property which: (1)was in Affidavit of Publication 19-H URBAN GROWTH common ownership and BOUNDARY MAP ATTACHED containedwilhinacommon TO COORDINATED legal description with STATE OF COLORADO q,ANMNGAGREEMEMWTH propertypreviously included In the UGA: or(2) directly RE F MEAD TOWN O .OF THE adjacent found contiguous County of Weld SS. WEIR COUNTY CODE with property previously contained within the UGA gp IT FURTHER ORDAINED by I A. Winkler Riesel of said County of Weld being BE IT ORDAINED BY THE andcapWleof being served the Reed N any sectlan, duly sworn,say that I ampublisher of BOARD OF COUNTY by the Town's services. subsection paragraph, COMMISSIONERS OF THE including water or sewer, sentence,clause.or phrase COUNTY OF WELD.STATE OF wlntln o reasonable period of this Ordclancs Is for any FARMER&MINER COLORADO of time.and reason held or decided to that the same is a weekly newspaper of general WHEREAS, the Board of viNNEALoodthepropertes be unconstitutional, such circulation was printed and published in the town of a Cm lecvn is`l°nersdints listed in Exhibit B either hove decision sholl not affect the County of Weld, State of been requested or validity of the remaining Colorado, pursuant to consented to by their portions hereof. The Board Colorado statute and the of County Commissioners FREDERICK owrter(5)forinckalonintothe hereby tlecloresthatltwdltl in said county and state that the notice of advertisement,of Weld County Home Rule Mead UGA:ore in common have enacted this which the annexed is a[me copy has been published in said Charter, is vested vAth the ownership and contained Ordinance in each and a ofodelnlatering the within a common legal weekly newspaper for ONE consecutive weeks: that the affairs of Weld County. description with properly every section, subsection, notice was published in the regular and entire issue of every Colorado,and previously included In the paragraph, sentence, UG/koraredirecfiyodjacent clause,and phrase thereof number of said newspaper during the period and time of irrespective of the toot that WHEREAS, the Board of to and contiguous with publication of said notice and in the newspaper proper and not any one a more sections. County Commissioners, on property previously subsections. paragraphs, in a supplement thereof: that the first publication of said December 28, 2000, contained within the UGA notice was contained in the issue of said newspaper bearing odoptedWedCountyCode oMcopaae of beingserved sentences, clauses, or phrases might be declared the date of AFRIL 3RD 2002.and the last publication Ordntoprehen ive enacting by the Town's services, to be unconstitutional or a0 o comprehensive Code for including water or sewer, invalid. Hereof,in the issue of said newspaper,bearing date,the the County of Weld, OF APRIL 2002 that the said including the codification of within 0 reasonable Period Redd and Approved: cat previously adopted of ol time,and Mach 2(102 ordnancesageneral and Publication:27,2 April 3.2002.in on FARMER &MINER permanent nature enacted WHEREASby Section 314(6) or before said dote of the TrI-Town Farmer and has been published continuously and uninterruptedly of the Weld Can Hor ty ne minor adoption and during the period of at least fifty-two consecutive Rule Charter requires any ordinance whichlsdecbred Effective Mach 27.2002 weeks next prior to the first issue thereof containing WHEREAS,on May 22.MX, therein to be an emergency said notice or advertisement above referred to: and the Board of County OndloortcetobeenaotetlbY Conmissiate elawn that said newspaper was at the time of each of the of Mead approved a four-ilfths vote of the Board. publications of said notice duly qualified for that Coordinated Planning NOW, THEREFORE, SE IT purpose within the meaning of an act entitled. "An Agreement("Mead CPA"), ORDAINED by the Board of which has been CoantyCprnnysslaten5ofthe Act Concerning Legal Notices, Advertisements and incapaated Into the Weld Cpunry of Weld. State of Publications and the Fees of Printers and Publishers County Code CCode") In Colorado, that certain Sections 19$l0 through 19- [hereof, and to Repeal all Acts and Parts of Acts in ems.and exisnngchoptersofineWeld Conflict with the Provisions of this Act" approved County Code be, and Appendix 19-Hof hereby are, repealed and April 7, 1921, and all amendments thereof, and WHEREAS. re-enacted, with particularly as amended by an act approved, March the Weld County Code is o amendments. and the 30,1923,and an act approved May l3,1931. mop showing the Urban vat Choptersore revised PP Growth Boundary Area to read as follows: ('Mead UGAD fcr the Alead n CPA,and ` Amend Appendix 19-H, (147/4 /l / /,�'/j///�./ / Urban Growth Area Mop for /�',/ / s !"/ WHEREAS,b✓rMokrtbrs ylts the Townof Mead.sothat all 7 I ✓ f~ pl h r _� ret2ti� Board of trustees datetl of the propemes listed In / February 11.2002,a copy of Exhibit B are included within welch is attached hereto as the Mead UGA FURTHER forth. by ENtbt'A'7tte Town of Mead BE Subscribed and sworn to before me this 3RD has approved, and Is. the Board that on requesting the consent of emergency exists which day of APRIL. A.D. 2002 the Board of County requires that Code Contrrss9anerstaamendnte Ordinance*20)2-5 be.and Mood UGA map to McKee. hereby is.declared to be an those properties which are emergency ordinance /n/(�' listed with their parcel urdedheprovt9°nofSection ����`��/�j�x ( (r 6 �i'7O( numbers on the attached 3-14 of the Weld County ✓III/r`- L13 �Jyd C��/ill EWbit'EV and Home Rule Charter. Notary Public WHEREAS, the Board of BE IT FURTHER ORDAINED by County Commissioners has me Board that the Cleric to received copies of requests the Board be.and hereby It and consents to such directed to arrange for P.O.BOX 125 Inclusions from the property Cpa°doCodePudishingto owners°tallofthepr0pernee supplement the Weld listed in Exhibit B. with the County Code with the exception of the fotov,01g: amendments contained FT.LUPTON. CO 80621 herein, to coincide with ea ifila chapters, articles, divisions.cedriss(u sections andsub-secnonsas theycunently existvAthinsald . 120735203353 Code: and to resolve any �� \� _ Cohtomla Homes.Inc. inconsistencies regarding _ grammar. tA��Y (DU ni % • - ' 1207352=64 capitalization, "'' '\ r..� Qj lfl First National Bank of and numbering or / L Adrian .TnsteesFor Susan placement of chapters, j= � I /—C9/ / _/L.070 articles, dMsioi ts, sections,`4 /I lll///111"`TTT ` 1p70200W37 and sub-sections in said / BOBBOBI JO i / Lillian D Markaff Code. p�t�� 1 I 120735200052 /f BOND YD (1; Eric Nxnwn I % 1120702:00A,3 and Sharon E. fIa % Daniel and T,AMiYy - Hello