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HomeMy WebLinkAbout20040462.tiff -12 WELD COUNTY CODE ORDINANCE 2004-1 IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS, CHAPTE 9, ARTICLE VIII, OF THE WELD COUNTY CODE (MEAD IGA AGREEMENT) BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE UNTY OF WELD, STATE OF COLORADO: WHEREAS,the Board of County Commissioners of the County of W ,State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter,is sted with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board of County Commissioners, on Dec ber 28, 2000, adopted Weld County Code Ordinance 2000-1,enacting a comprehensive Cod or the County of Weld,including the codification of all previously adopted ordinances of a genet and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need f revision and clarification with regard to procedures, terms, and requirement therein. NOW, THEREFORE, BE IT ORDAINE by the Board of County Commissioners of the County of Weld,State of Colorado,that Chapt 19,Article VIII of the Weld County Code(Mead IGA Agreement)be,and hereby is,repealed and -enacted,with amendments,as attached hereto and marked as Exhibit "A." BE IT FURTHER ORDAINED y the Board that the Mead Urban Growth Boundary Area be, and hereby is, approved as depic d on the maps attached to Exhibit "A." BE IT FURTHER ORD INED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Color do Code Publishing to supplement the Weld County Code with the amendments contained h ein, to coincide with chapters, articles, divisions, sections, and sub- sections as they curren exist within said Code; and to resolve any inconsistencies regarding capitalization,gramma ,and numbering or placement of chapters,articles,divisions,sections,and sub-sections in said ode. BE IT FU HER ORDAINED by the Board if any section,subsection,paragraph,sentence, clause, or phra a of this Ordinance is for any reason held or decided to be unconstitutional, such decision sha not affect the validity of the remaining portions hereof. The Board of County Commissio ers hereby declares that it would have enacted this Ordinance in each and every section, s section, paragraph, sentence,clause,and phrase thereof irrespective of the fact that any one r more sections, subsections, paragraphs, sentences, clauses, or phrases might be declar to be unconstitutional or invalid. 2004-0462 PAGE 1 ORD2004-1 The above and foregoing Ordinance Number 2004-1 was, on motion duly made and seconded, adopted by the following vote on the day of , A. D., 2004. BOARD OF COUNTY CO ISSIONERS WELD COUNTY, C RADO ATTEST: Robe . Masden, Chair Weld County Clerk to the Board William H. Jerke, Pro-Tem BY: Deputy Clerk to the Boar M. J. Geile APPROVED A FORM: David E. Long ounty Attorney Glenn Vaad Publication: January 22, 2004 First Reading: February 9, 2004 First Reading Continued: March 1, 2004 [Clerk's Note: On March 1, 2004, Ordinance#2004-1 failed due to lack of a motion. The case file was returned to the Department of Planning Services.] 2004-0462 PAGE 2 ORD2004-1 t, OFFICE OF THE COUNTY COMMISSIONERS 0;‘&t _ " 915 10P.O. SO REET .O. BOX 758 758 GREELEY, COLORADO 80632 wipe, IWEBSITE:www.co.weld.co.us PHONE: (970) 356-4000, EXT. 4200 FAX: (970) 352-0242 COLORADO March 3, 2004 Richard Kraemer, Mayor Town of Mead 441 3rd Street P.O. Box 626 Mead, CO 80542 Re: Status of Cooperative Planning Agreement Dear Mayor Kraemer: On Monday, March 1, 2004, the Board of County Commissioners of Weld County did not approve Weld County Code Ordinance 2004-1. Code Ordinance 2004-1 was for the approval of the Amendment to the Coordinated Planning Agreement("CPA")between Weld County and the Town of Mead. The Amendment would have formally reinstated the CPA and altered its termination provision to allow for automatic extensions. It also would have expanded the Urban Growth Boundary in three places. The Board's non-approval of the CPA has the effect of not extending the termination date. Therefore, the Board views the March 1, 2004,non-approval as the termination of the CPA in its current form. On behalf of the Board of County Commissioners, I wish to express thanks for the discussion we had on Monday, February 23, 2004. It was fruitful for the Board to hear the Town Board members' points of view regarding the CPA. With those thoughts in mind, the Board believes that not having a CPA in place at the present time is best for Weld County. The Board also believes,however, that further discussions regarding the creation of a new CPA between the two entities should occur sometime in the future. Enclosed is a map produced by the Weld County Department of Planning Services which shows the urban growth boundary around Mead as established by Sections 22-2-100 and 22-2-110 of the Weld County Code (Comprehensive Plan). A copy of those Sections is enclosed. Note that Sections 22-2-100 E. and 22-2-110 B.3. establish the urban growth boundary around a municipality to be one-half mile from the existing public sanitary sewer facilities in those instances where the municipality and the County do not have an intergovernmental agreement which defines the urban growth area differently. Letter,Mayor Richard Kraemer March 3, 2004 Page 2 If you should have any questions or desire further information,please contact Monica Mika, Director, Weld County Department of Planning Services, at(970) 353-6100, ext. 3540. Sincerely, BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Robert D. Masden, Chairman Enc. pc: Monica Mika Bruce T. Barker Hello