HomeMy WebLinkAbout820297.tiff RESOLUTION
RE: APPROVE THE REQUEST FOR A MORATORIUM PROHIBITING THE PLOWING
UP OF GRASSLANDS IN WELD COUNTY,' COLORADO
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, the Board of County Commissioners:of Weld County,
Colorado is concerned over the numerous acres of grasslands' which
are being plowed up in Weld County, causing erosion due to the
high winds and lack of moisture, and
WHEREAS, pursuant to 24-65. 1-407 , CRS, 1973, as amended,
the Colorado Land Use Commission may submit a formal request to
a local government to take action with regard to a specific
matter which said Commission considers to be of state interest
within the local government' s jurisdiction, and
WHEREAS, the Board deems that it is in the best interests
of the citizens of Weld County, Colorado that it be requested
that the State Land Use Commission issue a Moratorium prohibiting
the plowing up of any additional grasslands in Weld County to
otect against any further erosion.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the Board contact the
Governor; the Colorado State Land Use Commission; and the Colo-
. Secretary of Agriculture requesting the suspension of plow-
i up and/or destruction of Weld County' s grasslands through a
Moratorium.
BE IT FURTHER RESOLVED by the Board that said Moratorium
shall become effective immediately.
820297
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The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 19th day of
April, A.D. , 1982.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Norman Carlson.
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ATTEST: %- ne K. Steinmark
Weld County Clerk and Recorder
Clerk to the Bo
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County Attorney
DATE PRESENTED: 4/21/82
A public hearing was conducted on May 12 , 1982 at
10: 00 A.M. , with the following present:
JOHN MARTIN CHAIRMAN
CHUCK CARLSON PRO TEM , EXCUSED
NORMAN CARLSON COMMISSIONER
BILL KIRBY COMMISSIONER
JUNE STEINMARK COMMISSIONER
Also present:
ACTING CLERK TO THE BOARD, JEANNETTE ORDWAY
ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON
PhANNI-Ne—BEPPcRPMEN?—REPRESENPA'PI\ ,
The following business was transacted:
I hereby certify that pursuant to a notice dated April 26 , 1982 ,
duly published on April 29 , 1982 in the Johnstown Breeze, a public
hearing was held on the 10th day of May, 1982 . The Chairman introduced
Ordinance #108 , In the matter of the issuance of permits for the plowout
and cultivation of grassland in Weld County, Colorado. The Assistant
County Attorney read the six page ordinance into the record. Commissioner
N. Carlson mentioned his concerns about taking away the property owners
rights. However, the landowner should farm with the proper conservation
plan and that is all that this ordinance is doing. Richard Barnes, a land-
owner at Nunn, Colorado, questioned if this ordinance would prohibit
the sale of grasslands to a farmer. He continued by stating that he does
oppose any additional regulations being placed on the farmer and/or
rancher. Mr. Barnes stated that he is currently in the process of
developing and establishing a new farm himself. He asked the Board to
consider the economy and to be reasonable. The ecomony, the severe
weather conditions this year and other matters were discussed. Commissioner
N. Carlson stated that this ordinance is a preventative measure not
necessarily a control . The Chairman commented on the results from the
Plowing of Grasslands Ad Hoc Committee which was formed to study and ,make
recommendations to the Board of County Commissioners. The Chairman
stressed that said committee does favor the adoption of Ordinance #108 .
Mr. Barnes contended that several people are over- reacting due to the
weather conditions . Commissioner Kirby said that this Board has made
a sincere attempt to prepare a good ordinance and further that he is
pleased with Ordinance #108 . Mac McKinley, representing the Greeley
Board of Realtors , stated that they oppose Ordinance #108 . Mr . McKinley,
on his own behalf, stated that it would be best if this Board would have
this control. Bill Diehl, landowner in the Carr , Colorado area, stated
that this ordinance would devaluate grasslands. Mr. Diehl also represented
the Weld County Livestock Association. He added that the Association
does not oppose said ordinance. Ron Miller , representing the Soil
Conservation Service , stated that his department can make recommendations
only. The Soil Conservation District must make the determination on
each individual parcel of land. Mr. Miller again stated that the Soil
Conservation Service can and will provide technical assistance. After,
additional discussion, Commissioner Steinmark made a motion to continue
this hearing until Tuesday, May 18 , at 10 :00 A. M. and further that
Emergency Ordinance #108 will be considered on May 19 , 1982 during the
regular Board meeting. Commissioner N. Carlson seconded the motion.
Commissioner Kirby reminded everyone that the temporary restraining order
is now in effect. The motion carried unanimojsly.
CHAIRMAN
' BOARD OF COUNTY COMMISSIONERS
ATTEST: a
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
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TAPE# 82-32 /
LHR ORD #108 & S: SECURITY: SOIL CONSERVATION
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the 21st day of November,
1983, by and between Weld County, hereinafter referred to as "Weld" and West
Greeley Soil Conservation District, hereinafter referred to as "Contractor",
the parties agree as follows:
WHEREAS, the Board of County Commissioners of Weld County, Colorado, has
awarded West Greeley Soil Conservation District a sum of $7,096.00 in Weld
County General Fund monies to perform clerical support for soil conservation
in Weld County, and
WHEREAS, the parties hereto are desirous of formalizing an Agreement for
the express purpose of performing clerical support for soil conservation
activities in Weld County, and
WHEREAS, to implement these goals, the parties desire to establish an
agreement for the use of Weld County General Fund monies for the purpose of
performing clerical support for soil conservation activities in Weld County.
NOW, THEREFORE, in consideration of the premises stated herein, the
parties hereto agree as follows:
1. The purpose of this Agreement is to establish an agreement for the
use of Weld County General Fund monies within the West Greeley Soil
Conservation District.
2. CONTRACT PERIOD will be from January 1, 1984 through December 31,
1984.
3. COMPENSATION: "Weld" agrees to pay "Contractor" for services
performed hereunder at the rate of $1,774.00 per quarter.
4. The total amount paid by "Weld" to "Contractor" under this Agreement
shall not exceed the sum of $7,096.00.
5. "Contractor" assures that as a recipient of General Fund monies, it
is fully aware of the restrictions and requirements of the regulations and
applicable State and Local law provisions.
6. "Contractor" assures that as a recipient of General Fund monies, it
will spend the funds in accordance with the same laws and procedures that
govern the expenditures of its own funds.
7. "Contractor" assures that it will maintain sufficient records and an
accounting system and internal control procedures adequate to permit the
tracing of the funds to a level of expenditure which clearly demonstrates that
the funds were used in compliance with the regulations of State and Local law.
8. "Contractor" agrees that it is an independent Contractor and that
its officers and employees do not become employees of "Weld" nor are they
entitled to any employees' benefits as employees of "Weld" as a result of the
execution of this agreement.
9. "Contractor" shall indemnify "Weld", its officers and employees
against liability for injury or damage caused by any negligent act or omission
of any of its employees or volunteers or agents in the performance of this
agreement and shall hold "Weld" harmless from any loss occasioned as a result
of the performance of this contract by "Contractor". The "Contractor" shall
provide necessary worker's compensation insurance at "Contractor's" own cost
and expense.
10. "Contractor" may not assign or transfer this agreement, any interest
therein or claim thereunder without the prior written approval of "Weld".
11. Payment to "Contractor" will be made only upon presentation of
proper claim by "Contractor" subject to the approval of "Weld" that services
have been performed.
12. "Weld" shall have access to "Contractor's" financial records for
purposes of audit. Such records shall be complete and available for audit 90
days after final payment hereunder and shall be retained and available for
audit purposes for two years after final payment hereunder.
13. "Weld" may terminate this agreement at any time by giving
"Contractor" a ten-day written notice of such sooner termination and may be
terminated at any time without notice upon a material breach of the terms of
this agreement by "Contractor".
14. No alteration or variation of the terms of this agreement shall be
valid unless made in writing and signed by the parties hereto.
15. The "Contractor" assures that it will comply with all Federal and
State laws including, but not limited to, Title VI of the Civil Rights Act of
1964, and that no person shall, on the grounds of race, color, creed, sex or
national origin, be excluded from participation in, or be denied the benefits
of, or otherwise be subjected to discrimination under this agreement.
16. Any equipment acquired from funds covered by this contract shall
remain the property of "Weld", but the "Contractor" shall have full use of the
equipment for so long as the "Contractor" continues to function at its current
capacity in Weld County, Colorado.
IN WITNESS WHEREOF, the parties above named have executed this agreement
on the 21st day of November, 1983.
��^ BOARD OF COUNTY COMMISSIONERS
` ?�c " WELD COU Y, COLORADO
ATTEST: //
By: /7 t"
Weld County Clerk.anRecorder Ch
and Clerk to the Board
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Deputy County- Clerk 1J4-21,,,L.61 p��1�ary�' Tht,Cl
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