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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 f 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 A / Zr— % _het 2,_:,,,-)J h T. Martin airman ^ _ C ck Carlson, ro-Tem >4"ws2-,.... , '10, -..� Norman Carlson. . W. Kir ^ %174414S, C/t 4 71,7-WA ATTEST: %- ne K. Steinmark Weld County Clerk and Recorder Clerk to the Bo JB " _ l�---� qt§ Co % TO FORM: 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 AAA±thcci eputy CouLk DOCKET# 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 By #74--anYv _ /f Deputy County- Clerk 1J4-21,,,L.61 p��1�ary�' Tht,Cl Contractor o BY� LV�.}19�7i e...w�.rn.��✓ //4///p3 Hello