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WELD COUNTY
CODE ORDINANCE 2003-7
IN THE TTER OF REPEALING AND REENACTING,WITH AMENDMENTS, CHAPTER 19,
ARTICLE , OF THE WELD COUNTY CODE
BE IT ORDAIN BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF OLORADO:
WHEREAS,the oard of County Commissioners of the County of Weld,State of Colorado,
pursuant to Colorado stat e and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs f Weld County, Colorado, and
WHEREAS, the Board o County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1,e cting a comprehensive Code for the County of Weld,including
the codification of all previously adop d ordinances of a general and permanent nature enacted on
or before said date of adoption, and
WHEREAS, the Weld County Co is in need of revision and clarification with regard to
procedures, terms, and requirement therei
NOW, THEREFORE, BE IT ORDAINS by the Board of County Commissioners of the
County of Weld, State of Colorado,that Chapter 1 , rticle VI of the Weld County Code(Evans IGA
Agreement)be,and hereby is,repealed and re-enact ,with amendments,as attached hereto and
marked as Exhibit "A".
BE IT FURTHER ORDAINED by the Board that th Evans Urban Growth Boundary Area
be, and hereby is, approved as depicted on the map attac d to Exhibit "A".
BE IT FURTHER ORDAINED by the Board that the Cle to the Board be, and hereby is,
directed to arrange for Colorado Code Publishing to supplement e Weld County Code with the
amendments contained herein, to coincide with chapters, articles, ivisions, sections, and sub-
sections as they currently exist within said Code; and to resolve an 'nconsistencies regarding
capitalization,grammar,and numbering or placement of chapters,article divisions,sections,and
sub-sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section,subsection, p agraph,sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unc stitutional, such
decision shall not affect the validity of the remaining portions hereof. The Bard of County
Commissioners hereby declares that it would have enacted this Ordinance in eqh and every
section, subsection, paragraph, sentence, clause,and phrase thereof irrespective o e fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid. \
N
2004-0650
PAGE 1 ORD2003-7
The above and foregoing Ordinance Number 2003-7 was, on motion duly made and
seconded, adopted by the following vote on the _day of , A. D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Robert D. Masden, Chair
Weld County Cler to the Board
William H. Jerke, Pro-Tem
BY:
Deputy Clerk to the Bo d
M. J. Geile
APPROVED AS TO FORM:
David E. Long
County Attorney
Glenn Vaad
Publication: November 27, 2003, in the uth Weld Sun
First Reading: December 15, 2003
Publication: December 25, 2003, in the South Id Sun
Second Reading: March 3, 2004
Second Reading
Continued to: March 31, 2004
[Clerk's Note: On March 31,2004,Ordinance#2003-7 failed due to lack of motion. The case file
was returned to the Department of Planning Services.]
2004-0650
PAGE 2 ORD2003-7
EXHIBIT "A"
AMENDMENT TO COORDINATED PLANNING AGREEMENT
CITY OF EVANS --WELD COUNTY, COLORADO
This Amendment to Coordinated Planning Agreement is made and entered into effective
as of the_day of, , 2003, A.D. between the Board of County Commissioners of
the County of Weld, State of Colorado, whose address is 915 10th Street, P. O. Box 758,
Greeley, CO 80632, hereinafter called the "COUNTY," and the CITY OF EVANS, a Colorado
municipal corporation, whose address is 1100 37th Street, Evans, CO 80620, hereinafter called
the "MUNICIPALITY."
N RECITALS
A. COUNTY.and MUNICIPALITY entered into a Coordinated Planning Agreement
("Agreeme "') with an effective date of October 4, 1999; and
B. Said Agreemen includes a termination provision, Section 6.3 therein, which
states: "This Agre ment will continue in effect until June 30, 2000. The parties
shall review the Agr ement in June, 2000, and in June of each succeeding year
to determine if the Ag ement should continue in effect for the period of a year
thereafter. The parties ay terminate this Agreement at any time if a mutually
acceptable Comprehensiv and Use Plan for the MUNICIPALITY referral area
or growth area is developed d implemented by both parties;" and
C. Although the parties hereto did no eet in June, 2000, or in the months of June
thereafter each year until the presen to discuss extension of the Agreement,
they consider the Agreement to still be 'n effect as of the effective date of this
Amendment, notwithstanding the langua a contained in said Section 6.3; and
D. The parties desire to amend Section 6.3 to ovide for termination, with said
amended language being set forth below; an
E. The parties also desire to amend the boundaries f the Urban Growth Area to
that shown in the attached Exhibit "A;" and
F. Section 6.4 of the Agreement allows for amendments t .Preto according to the
same procedures as the original adoption (requiring the itten consent of the
amendment by both parties).
NOW THEREFORE, for and in consideration of the mutual promises d undertakings
herein set forth, the parties agree to amend their Coordinated Planning Agree nt
("Agreement"), as follows:
2. DEFINITIONS. For the purposes of this Agreement the following ter shall be
defined as set forth herein:
2.5 The Urban Growth Area is hereby established and shall consist o II
lands designated as "Primary Urban Growth Area" on the map attached hereto and
Page 1 of 2 Pages
referred to herein as "Exhibit A," EXCEPTING those lands located within the
MUNICIPALITY's municipal boundaries. The map depicted in attached Exhibit A
supercedes that which was attached to the Agreement.
6.3 Termination. This Agreement will continue in effect until June 30, 2004,
nd shall be renewed automatically thereafter for successive one (1) year periods.
twithstanding the foregoing, however, either party may terminate this agreement by
givi at least twelve (12) months' written notice thereof to the other party.
IN WIT SS WHEREOF, the parties have executed this Agreement effective as of the
date first above w' 'tten.
COUNTY OF WELD, by and through the
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
By:
David E. Long, Chairman
ATTEST:
Weld County Clerk to the Board By:
Robert D. Masden, Pro Tem
By:
Deputy Clerk to the Board By:
M. J. Geile
By:
iam H. Jerke
pmm�mimn�i By:
(....� ON.E V,y ,, Glenn V d
:t'
Ej A, i = CITY OF EVANS, OLORADO
ja�C OFtP,o Sherry M ! , i‘.1:1 yo
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ATTEST:
By: LAIL
Kim Betz, City Cler
Page 2 of 2 Pages
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