The URL can be used to link to this page

Browse Search

Home My WebLink About861381.tiff AR2044880 ORDINANCE NO. 108-A N O 1U 0 r' U IN THE MATTER OF REPEALING AND RE-ENACTING WELD COUNTY ORDINANCE NO. 108 AND ITS AMENDMENTS , CONCERNING THE ISSUANCE OF PERMITS FOR O▪ THE PLOWOUT AND CULTIVATION OF GRASSLAND IN WELD COUNTY, COLORADO o W 03 W BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD a COUNTY, COLORADO: 0 U M a WHEREAS, the Board of County Commissioners of Weld County, w Colorado, pursuant to Colorado statute and the Weld County Home X Rule Charter, is vested with the authority of administering the a• affairs of Weld County, Colorado, and Co a CO U v z WHEREAS, the indiscriminate plowout of grasslands in Weld --r4 County is a serious problem leading to soil erosion and dust Mo EI blowing, and CO W op m w WHEREAS, the Board of County Commissioners has determined that it is necessary to regulate the plowout of grasslands in Weld Z o z County , and N r1,' O W 4 • Z WHEREAS, the Board of County Commissioners passed Weld County Ordinance No. 108 , concerning the issuance of permits for the Loop plowout and cultivation of grassland in Weld County, Colorado, on • o , May 19 , 1982 , and said Ordinance became effective on that date , I-4 O and PI a4 WHEREAS, the Board of County Commissioners wishes to amend said Ordinance No. 108 in order to provide for more effective enforcement of the provisions therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that Weld County Ordinance No. 108 is repealed and re-enacted as follows: 861381 Page 2 Ordinance 108-A ARTICLE 1 N O - o o General Provisions CN N 0 a Section I - Purpose and Intent oW 0 (1) To insure that land-disturbing activities in areas o w containing privately-owned grasslands shall be conducted in a manner which will minimize damage to those resources for future o use. V M a (2) To prevent soil erosion and dust blowing which results .. ca from improper soil management techniques. _Ix (3) To establish certain requirements which must be met k before the cultivation of grassland is permitted. m c.) • Z (4) To ensure that soil resources are preserved to the • w extent possible for the production of food for the present and M F future inhabitants of Weld County, Colorado. o m N w op co w Section II - Authority o z This Ordinance 108-A is adopted pursuant to Section N 29-20-101 , et seq. , CRS , entitled the "Local Government Land Use >4 Control Enabling Act of 1974" , and Section 30-35-101 , et seq. , zCRS , entitled the "Colorado County Home Rule Powers Act. " � rn 2 o Section III - Definitions � o w (1) "Conservation Plan" means any plan developed by the landowner and approved by the District which describes cultivation methods , cropping systems , and land management techniques required to prevent or reduce soil erosion to acceptable levels on the land for which the plan was developed. The plan shall include a map or aerial photograph delineating the full area of the grasslands and the area on which cultivation is going to take place with dimensions on a one inch to six hundred foot scale (1" /600 ' ) , or other scale found by the District to be acceptable and adequate to define the area of the permit. Page 3 Ordinance 108-A e„ O The plan shall also include a soils map and soil descriptions .-10 with land capability classification in accordance with United • States Department of Agriculture Land Capability Classification " System. a (2) "Cultivation" means the practice of plowing or disking O 3 or any other mechanical or chemical preparation of the land for the purpose of producing a crop for harvest. o x lo. W (3) "District" means any soil conservation district 0 organized as provided in Section 35-70-104 , CRS. U o x (4) "Grassland" means land having a ground cover of grass •• � and which was not cultivated within the five year period previous to May 19 , 1982 , whether or not it has been cultivated since May • 19 , 1982. koco (5) "Revegetate" means the act of planting grasses which are 0 H adaptive to the area and which have been approved by the District. en ew a ocn • Section IV - Applicability ow m w (1) These regulations apply to applications for permits to engage in the cultivation of grasslands in Weld County, Colorado. -zrZ oz (2) Any person seeking to cultivate any grassland in Weld • County, Colorado , shall obtain a permit pursuant to this Ordinance 108-A prior to commencing said cultivation. in o Section V - Nonconforming Use .-1 o MN (1) The provision of this regulation shall not apply to any nonconforming use existing on May 19 , 1982 , the effective date of Weld County Ordinance No. 108 . Section VI - Relationship to Other Regulations (1) Nothing in these regulations shall be construed as exempting an applicant for a permit from any other requirements of this jurisdiction or other state or federal laws. Page 4 Ordinance 108-A cuO (2) To the extent that the requirements of this Ordinance -io 108-A differ from any other applicable requirements , the more restrictive requirements shall apply. oV o U Ca a ARTICLE 2 ow 0 3 Applications and Permits o yr W O Section I - Permit Submission Requirements o ma An applicant for a permit to engage in the cultivation of w grasslands shall submit to the Board of County Commissioners , as a x minimum, the following: �o a (1) A completed application form; coo (2) A legal description of the grasslands to be cultivated w pursuant to the permit; m E o � (3) Map (s) delineating the proposed area of the permit by o o the Township, Range, and Sections of said area. cow co Ly (4) Proof of ownership of the grasslands in the form of a o z deed, or proof of authority to cultivate the grasslands in the o4 form of a lease with authorization for the lessee to cultivate the a grasslands and a power of attorney from the owner authorizing the ci lessee to apply for the permit; IZ Lin (5) A conservation plan, or amended conservation plan if a o permit is already in effect, approved by the local soil '-" o conservation district board, which will specify the conditions m w under which cultivation is permitted; (6) A permit fee , established by separate ordinance; and (7) Collateral approved by the Board of County Commissioners in the amount of the estimated cost to revegetate the grassland acreage specified in the application, as established by the Board by separate ordinance. All such collateral shall name "Weld County, c/o the Board of County Commissioners of Weld County, Colorado, " as beneficiary. Any one or any combination of the four types of collateral listed below are acceptable to Weld County: Page 5 Ordinance 108-A (a) An irrevocable letter of credit from a federal or ro o state licensed financial institution on a form approved by o v Weld County. The letter of credit shall state at least the Ln o following: U A (i) The letter of credit shall be in an amount w equivalent to 100% of the estimated cost to revegetate o o the cultivated grassland acreage specified in the o a application, as set by a schedule established by the Board of County Commissioners by separate action. o (ii) The letter of credit shall provide for payment o upon demand to Weld County if the Permittee has not o complied with the conservation plan and permit, and the issuer has been notified of such failure. (iii) The issuer of the letter of credit shall 1O a guarantee that at all times the unreleased portion of co u the letter of credit shall be equal to a minimum of 100% oI-1 of the estimated cost to revegetate the cultivated M grassland acreage specified in the application, as set o m by a schedule established by the Board of County Commissioners by separate action. 0A m w (iv) The letter of credit shall specify that it shall remain in full force and effect until after the c o Board has received 60 days written notice from the o issuer of the letter of credit of a proposed expiration o a period said notice shall be sent by certified mail to w a z the Clerk of the Board of County Commissioners of Weld County, Colorado. LC) N O 1f1 G (b) An escrow agreement that provides at least the r-I CD following: m (i) The cash in escrow is at least equivalent to 100% of the estimated cost to revegetate the cultivated grassland acreage specified in the application, as set by a schedule established by the Board of County Commissioners by separate action. (ii) The escrow agent guarantees that the escrow funds will be used for revegetation of the cultivated grassland acreage specified in the application and for no other purpose and will not release any portion of N H u Page 6 Ordinance 108-A k.0o U Ll a o 3 such funds without the prior approval of the Board of • a County Commissioners. o cc-w a (iii) The escrow agent will be a Federal or State O licensed bank or financial institution. w '"' a (iv) If the Board of County Commissioners of Weld County determines that there is a substantial deviation from the permit and there is a need for revegetation of the cultivated grassland acreage covered by the permit, 1/40 then the escrow agent, upon request by the Board, shall release any remaining escrow funds to Weld County for d z the purpose of revegetation. H • u) (c) A performance bond given by a corporate surety a authorized to do business in the State of Colorado in an o amount equivalent to 100% of the estimated cost to revegetate co w the cultivated grassland acreage specified in the • z application, as set by a schedule established by the Board by o z separate action. 0 a (d) The cash deposit made with the Board equivalent to a 100% of the estimated cost to revegetate the cultivated grassland acreage specified in the application, as set by a schedule established by the Board by separate action. o A Permittee ' s failure to maintain at all times the collateral w mentioned herein shall be a violation of this Ordinance and grounds for revocation unless the cultivated grassland has been adequately revegetated. Any person currently cultivating lands with the United States Department of Agriculture Land Capability Classification System Classes V through VIII may begin cultivating grasslands with Classes I through IV only after first obtaining a permit pursuant to this Ordinance 108-A. Said person must submit, along with the application for said permit, a revegetation and management plan, approved by the District, for revegetating and managing the lands with Classes V through VIII. Said person may be required by the Board of County Commissioners to provide the security as required by Article 2 , Section I (7) , of this Ordinance 108-A in an amount equivalent to 100% of the estimated cost of revegetating the previously cultivated Class V through VIII acreage. Page 7 Ordinance 108-A NO U 0 N• O The above items must also be submitted by any person seeking to amend an existing permit after the effective date of this a Ordinance 108-A. oW 0 o a Section II - Approval of Permit. Applications (1) If the applicant has a conservation plan or amended conservation plan approved by the local soil conversation district M a board, has provided security as described in Section I (5) herein, ▪ and has paid the applicable permit fee, then the County shall o x issue a permit. (2) If the local soil conservation district board co O disapproves the applicant' s conservation plan or amended .v z conservation plan, the applicant may appeal to the Board of County ° H Commissioners for a hearing to consider whether the local soil m F conservation district board was in error in disapproving said plan z and whether the application should be approved. m w (a) Within twenty (20) days after receiving an appeal • w for a hearing, the Board of County Commissioners shall set a date for a hearing. At the hearing, the applicant may be o present and testify and present evidence on his behalf if he o so desires. Said hearing shall be de novo and the burden of W a proof by a preponderance of the evidence shall rest upon the District which disapproved the conservation plan. Ul (b) The Board of County Commissioners shall approve the o application if the applicant' s plan or amended plan will: PA 114 (i) Allow for the cultivation of grasslands with United States Department of Agriculture Land Capability Classification Systems Classes I through IV; (ii) Keep or reduce soil losses from wind and water erosion to acceptable limits; (iii) Retain snow and rainfall on the land and conserve soil moisture; (iv) Meet the objectives of the applicant both as to his preferred production system and his desired level of economic return; and (v) Prevent or minimize air and water pollution. Page 8 Ordinance 108-A (3) Upon issuance of a permit pursuant to this Ordinance 108-A, the conservation plan or amended conservation plan and a copy of this Ordinance 108-A shall be filed and recorded upon the land records of the Weld County Clerk and Recorder. m O Section III - Permit Runs With Land - Release of Original a Permittee o 0 3 (1) Any permit issued pursuant to this Ordinance 108-A or o a pursuant to Ordinance 108 shall run with the land specified in the zpermit, but sale or transfer of said land shall not release the p original Permittee from the obligations of complying with said permit, nor from the costs for revegetation enumerated in Article r, a 3 , Section II (1) , of this Ordinance 108-A. Said Permittee shall be released from the obligations of complying with said permit if o he shows to the satisfaction of the Board of County Commissioners y, that he has complied with the permit and has transferred any a financial guarantee to the new Permittee. co U z o W ARTICLE 3 ri o a Administration, Enforcement and Penalties o m w co w Section I - Enforcement Provisions cz N a o (1) When the Board of County Commissioners is advised in writing that any landowner or operator is cultivating or causing x to be cultivated any grasslands without first obtaining a permit a pursuant to this Ordinance 108-A, the Board is authorized to issue - f, an order to the landowner as listed upon the records of the County o '^ Assessor, and the operator, if any is known, specifying that the ri o cultivation shall cease immediately and that the grasslands shall m rt, be revegetated back to species of grass approved by the District or that the landowner and/or operator obtain a permit in accordance with this Ordinance 108-A. (a) Notice of such order shall be sent by certified mail , return receipt requested, to the landowner and operator, if any is known, or otherwise served as provided in the Colorado Rules of Civil Procedure. (b) Within thirty (30) days of the receipt of such order, the landowner and/or operator shall submit to the Page 9 Ordinance 108-A Board of County Commissioners a conservation plan approved by the District to comply with such order. (c) If the landowner and/or operator fails to submit a conservation plan as provided in Article 2 , or if the N o landowner and/or operator advises the Board of County U Commissioners that he does not intent to or cannot comply with such plan, the Board may take the reasonable action o necessary to revegetate the grasslands specified in the order issued pursuant to subsection (1) of this section. Notice of o such action shall be sent by certified mail, return receipt o requested, to the landowner and operator, if any is known, or • served with said notice in accordance with the Colorado Rules co- W of Civil Procedure, prior to the performance of such action. O 0 (2) When the Board of County Commissioners is advised in writing that any Permittee is cultivating or causing to be ' ' a cultivated any grasslands in violation of his permit previously issued by the Board of County Commissioners , the Board shall then notify the District of said complaint and set a hearing within ten (10) days of the receipt of said complaint in order to determine wo a whether a substantial deviation has occurred between the co u cultivation practices of the Permittee and the cultivation o rzi practices outlined in the conservation plan of said permit. mw o (a) Said hearing shall be conducted and notice given thereof in accordance with the procedure contained in the o a "General Procedures for Adjudicatory-Type Hearings" section co w of the Weld County Administrative Manual. -zr o z (b) If the Board finds at said hearing that the o cultivation practices of the Permittee have substantially c.) a deviated from the conservation plan in the original permit, a the Board shall: (i) Order the Permittee to comply with the o o conservation plan contained in the original permit; or r--Io Ins (ii) Revoke the original permit and order the Permittee to cease cultivation immediately and to revegetate the grassland. (c) As an alternative to the action contemplated in subsection (b) above , the Permittee, the Board, and the District may enter into an agreement wherein the Permittee agrees to amend the original conservation plan in a manner Page 10 Ordinance 108-A consistent with the purposes of Article 1 , Section I. Said agreement shall be signed by the Permittee, the Board, and the District. Whenever the aforementioned parties agree to amend the conservation plan pursuant to this subsection, the Permittee shall provide a financial guarantee, in accordance with Article 2 , Section I (6) , of this Ordinance , unless he has already done so to the satisfaction of the Board. N O o U (d) Any permit which is violated after the effective 0 o date of this Ordinance 108-A is subject to revocation no according to the provisions of this subsection. Any permit q which has been violated previous to the effective date of o w this Ordinance 108-A and which continues to be violated after O 3 said effective date shall be subject to revocation according o a to the provisions of this subsection. � w a (3) Any complaint to the Board of County Commissioners which p U informs said Board that a violation of this Ordinance 108-A or a M a violation of an existing permit is occurring, must be in writing. o Said writing must specify the Section, Township, and Range wherein o the violation is occurring. Additionally, the writing must identify the landowner and/or operator and his or her address if W known. All complaints shall be sent directly to the Clerk to the ko o U Board of County Commissioners of Weld County, Colorado. � z H (4) Any order to revegetate or any decision by the Board to m F cause land to be revegetated shall be subject to review by the au) District Court, but such action for review must be brought by the W landowner within thirty (30) days from the date of such order or o m w decision. mw ca▪ z caz Section II - Penalties a (1) Upon the completion of the revegetation caused as a provided in Article 3 , Section I , by the Board of County Commissioners, the Board may, by resolution, assess against the o in landowner the cost of said treatment, which shall in no event ri o exceed the actual cost of the revegetation. If collateral has w been provided pursuant to Article 2 , then the Board may use such collateral to pay for said treatment. The Board may expend more money for said revegetation than the amount of the collateral, but shall not be required to do so. (2) Criminal Penalty--any person, firm, or corporation violating this Ordinance 108-A shall be punished by a fine of not Page 11 Ordinance 108-A more than three hundred dollars ($300 . 00) or by imprisonment in (-.1O the County jail for not more than ninety (90) days , or by both r+ v such fine or imprisonment. Each day during which such illegal cultivation continues shall be deemed a separate offense. � o .1V ARTICLE 4 oW O3 x Severability o v> w x (1) If any section, subsection, paragraph, sentence, clause 0 or phrase of this Ordinance 108-A is , for any reason, held or w decided to be invalid or unconstitutional, such decision shall not a affect the validity of the remaining portions . .. w (2) The Board of County Commissioners of Weld County, a Colorado, hereby declares that it would have passed this Ordinance Boa 108-A and each and every section, subsection, paragraph, sentence, co clause and phrase thereof irrespective of the fact that any one or d' z more sections , subsections , paragraphs, sentences, clauses , or o w phrases might be declared to be unconstitutional or invalid. en E co co o a ARTICLE 5 cow mw Liability z oz This Ordinance 108-A shall not be intended to create a civil a cause of action against the Board of County Commissioners of Weld W County, any District, or any other persons that may administer w this Ordinance 108-A in any manner. in CO CD Ln '-' o ARTICLE 6 G Effective Date BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado, that this Ordinance No. 108-A shall become effective five (5) days after its final public notice , in accordance with Section 3-14 (2) of the Weld County Home Rule Charter. Page 12 Ordinance 108-A The above and foregoing Ordinance No. 108-A was , on motion duly made and seconded, adopted by the following vote on the 3rd day of March, A.D. , 1986 . « `� }_ BOARD OF COUNTY COMMISSIONERS ATTEST: TQ?O"."'^^J WELD COUNTY, COLORADO Weld C‘urit 11 Recorder and Cl k r; x'e d Ja quell J.hn! ., Chairman o D put ty C erk Go y; Tem APPROV AS T • C_ ene R. Brantner a � County Attorney /�s C. W.21y ' � i "CV 0 fr Frank Yamaguc A 1st Reading - February 3 , 1986 0 3 Published - February 6 , 1986 • f,344 2nd Reading - February 19 , 1986 z Published - February 20 , 1986 0 Final Reading - March 3 , 1986 M c x Final Publication - March 6 , 1986 o Effective - March 11 , 1986 COa CO C) z M c0 op ow ao W � z oZ N Q, 0 U [Z w a ori �n ro ww 0 NMI Centennial Soil Conservation District 621 Iris Drive - Sterling, Colorado 80751 January 15, 1986 "fln C77 r': ' 1 ri BOARD OF COUNTY COMMISSIONERS },y-- ..__.._. WELD COUNTY COURTHOUSE 'JAN 161988 ,, GREELEY, CO 80631 [Li The following are the Centennial Soil Conservation District's suggestions for amendments or changes in the proposed Ordinance No. 108-A: Section III - Definitions (Page 2) (1) "Conservation Plan" means any plan developed by the landowner and approved by the district which describes cultivation methods required to prevent, or maintain at acceptable limits, soil erosion (2) "Cultivation" means the practice of plowing or disking or any other mechanical or chemical preparation of the land Section II - Approval of Permit Applications (Page 8) Will there be any compensation for time and mileage expended by board members to attend these hearings? Section I(2) (u) (Page 11) If the Board finds at said hearing that the cultivation practices of the permittee have substantially deviated from the conservation plan in the original permit, the Board shall revoke Our district is planning to have representation at the meeting on January 20th. In the Resolution approved on June 26, 1985 concerning non-compliance of plowing permits issued to Wayne and Ervin Vangraefschepe, December 1985 was established as the final time for Vangraefschepes to consult with our district in order to re-evaluate their property and the plan which was drawn up by our district. As of this time, we have not been contacted by Vangraefschepes. Has any action been taken on this violation of their agreement and their failure to contact our district? Thank you. '� Sincerely, C(�c�-. - -',,�'�-`."`'z'"e �! • ."`-i- i c� /-gym /l .,,,.._63-7.,7 f .'e.7 - , Cpl es.---2.) 2_� `. ' e a'f.Tom Fehringer, president l/ .rte- i-.,;. ! _ ►• -�'' CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT / 7 O'' AFFIDAVITOF PUBLICATION THE JOHNSTOWN BRE EZE STATE Or COLORADO 55 COUNTY OP WELD I, Clyde Briggs, du solemnly swear that I am publisher of The Johnstown I Sreete: that the same is a weekly newspaper printed, in whole or in part, and published in the County of Weld, Slate of Colorado. and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Weld for a period of more than fifty-two consecutive weeks prior to the first publication of the annexed It-gal not Ite g • or advertisement; that said newspaper has CV • been admitted to the United States mails as second-class matter under the provisions of the Act of March J, Itt79, or ;ion amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertise- ment was published in the regular and entire issue of every number of said weekly newspaper for the period of / consecu- tive insertions; and that the first publication of said notice was in the issms.oy said newspaper dated 2-6 A.U�6 and that the last publication of said notice was in the issue of said newspaper dated A.D. 18 In witness whereof I have l -eynto set my hand-this / 8 day of fe& A.D. 11:$ , 15.2 C...51 5 Publisher Subscribed and sworn to before ate, a Notary Public in and for the County of Wg1d, State of Colot, this ./7... day of ,s Jon® IR tar) I'ubhc • .,._...sAvenue Johnstown, CO 80534 My commission expires 108-"` Department of Agriculture Lana IN THE MATTER OF REPEALING Capability Classification System • AND RE-ENACTING WELD Section VI - Relationship to Classes V through VIII may begin i COUNTY ORDINANCE NO 108 cultivating grasslands with AND ITS AMENDMENTS, CON- Other Regulations Classes I through IV only after CERNING THE ISSUANCE OF (1) Nothing in these regulations shall be construed as exempting first obtaining a perm it pursuant PERMITS FOR THE PLOWOUT an applicant for a permit from to this Ordinance 108-A. Said AND CULTIVATION OF GRASS- any other requirements of this Person must submit, along with LAND IN WELD COUNTY, jurisdiction or other state or the application for said permit, a COLORADO federal laws. revegetation and. management (21 To the Extent that the Plan,approved by the District,for BE IT ORDAINED BY THE requirements of this Ordinance revegetating and managing the BOARD OF COUNTY COM- 108-A differ from any other lands with Classes V through VIII. MISSIONERS OF WELD applicable requirements, the Said person may be required by COUNTY , COLORADO: more restrictive requirements the Board of County Com- WHEREAS,the Board of County shall apply. missioners to provide the secur- Commissioners of Weld County, ity as required by Article 2, Colorado, pursuant to Colorado ARTICLE 2 Section 1(7), of this Ordinance statute and the Weld County Applications and Permits 108-A in an amount equivalent to Home Rule Charter, is vested 100% of the estimated cost of with the authority of admin- Section I-Permit Submission revegetating the previously cul- istering the affairs of Weld Requirements tivated Class V through VIII County, Colorado, and An applicant for a permit to acreage. engage in the cultivation of The above items must also be WHEREAS, the indiscriminate grasslands shall submit to the submitted by any person seeking plowout of grasslands in Weld Board of County Commissioners, to amend an exist mg permit after County is a serious problem as a minimum, the following: the effective date of this leading to soil erosion and dust (1) A completed application Ordinance 108-A. blowing, and form; Section II - Approval of (2) A legal description of the Permit Applications WHEREAS,the Board of County grasslands to be cultivated (1) If the applicant has a Commissioners has determined pursuant to the permit; conservation plan or amended that it is necessary to regulate 131 Map(s) delineating the conservation plan approved by the plowout of grasslands in proposed area of the permit by the local soil conservation district Weld County, and the Township, Range, and board, has provided security as Sections of said area described in Section 1(5) herein, WHEREAS,the Board of County (4) Proof of ownership of the and has paid the applicable Commissioners passed Weld grasslands in the form of a deed, permit fee, then the County shall County Ordinance No. 108, or proof of authority to cultivate issue a permit. concerning the issuance of the grasslands in the form of a permits for the plowout and lease with authorization for the (2) If the local soil conservation cultivation of grassland in Weld lessee to cultivate the grasslands district board disapproves the County, Colorado, on May 19, and a power of attorney from the applicant's conservation plan or 1982. and said Ordinance owner authorizing the lessee to amended conservation plan, the became effective on that date. apply for the permit; applicant may appeal to the and (5) A conservation plan, or Board of County Commissioners amended conservation plan if a for a hearing to consider whether WHEREAS,the Board of County permit is already in effect, the local soil conservation district Commissioners wishes to amend approved by the local soil board was in error in dis- said Ordinance No. 108 in order • conservation district board,which approving said plan and whether to provide for more effective will specify the conditions under the application should be enforcement of the provisions which cultivation is permitted; approved. therein. (61 A permit fee, established by (a)Within twenty(20)days after separate ordinance; and receiving an appeal for a hearing, NOW, THEREFORE, BE IT (7) Collateral approved by the the Board of County Commis- ORDAINED by the Board of Board of County Commissioners sioners shall set a date for a County Commissioners of Weld in the amount of the estimated hearing. At the hearing, the County. Colorado, that Weld cost to revegetate the grassland applicant may be present and County Ordinance No. 108 is acreage specified in the applica- testify and present evidence on repealed and re-enacted as tion, as established by the Board his behalf if he so desires. Said follows: by separate ordinance. All such hearing shall be de novo and the collateral shall name "Weld burden of proof by a pre- ARTICE 1 County, c/o the Board of County ponderance of the evidence shall Commissioners of Weld County, rest upon the District which General Provisions Colorado," as beneficiary. Any disapproved the conservation one or any combination of the plan. Section 1 - Purpose and four types of collateral listed (b)The Board of County Commis- Intent below are acceptable to Weld sioners shall approve the appli- County: cation if the applicant's plan or (1) To insure that land-ails- (a) An irrevocable letter of amended plan will: turbine activities in areas con- credit from a federal or state (i) Allow for the cultivation of laining privately-owned grass- - licensed financial institution on a grasslands with United States lands shall be conducted in a form approved by Weld County. Department of Agriculture Land manner which will minimize The letter of credit shall state at Capability Classification Systems damage to those resources for least the following: Classes I through IV: future use. (i) The letter of credit shall be (ll) Keep or reduce soil losses in an amount equivalent to 100% from wind and water erosion to (2) To prevent soil erosion and of the estimated cost to acceptable limits; dust blowing which results from revegetate the cultivated grass- (iii) Retain snow and rainfall on improper soil management land acreage specified in the the land and conserve soil techniques. application, as set by a schedule moisture; • (3) To establish certain re- established by the Board of (iv) Meet the objectives of the .9uirements which must be met County Commissioners by sepal-- -applicant both as to his nre- before the cultivation of grass- ate action. - ferred production system and his land is permitted. (ii) The letter of credit shall desired level of economic return; provide for payment upon and (4) To ensure that soil re- demand to Weld County if the (v) Prevent or minimize air and sources are preserved to the Permittee has not complied with water pollution. extent of toole_-for the pro-, an cpe issuer. lonpldn,and permit. (3) Upon issuance of.a-permit-: duction of food itanhe present' and the issuer has:been:notified pursuant to this Ordinance 108- and future inhe!xitants of Weld of such failure. - A. the conservation plan or County. Coloratlo). _ ,(iii) The issuer of:the letter of amended conservation plan and • credit shall guarantee that at all a copy of this Ordinance 108-A S a II Authority times the unreleased portion of shall be filed and recorded upon the letter of credit shall be equal the land records of the Weld Ordinance 108-A is to a minimum of 100% of the County Clerk and Recorder. 4-. d pursuant to Section 29- estimated cost to revegetate the - -- - 20 101,et seq.,CRS, entitled the cultivated grassland acreage "Local Government Land Use specified in the application, as set by ao schedule established by Control Enabling Act of 1 seq., the Board of County Com- and Section 30-35-101, et seq., missioners by separate action. CRS, entitled the "Colorado (iv) The letter of credit shall County Home Rule Powers Act." specify that it shall remain in full force and effect until after the Board has received 60 days written notice from the issuer of section iii-Permit Runs With Land • Release of Original - Permittee (1) Any permit issued pursuant to this Ordinance 108-A or pursuant to Ordinance 108 shall run with the land specified in the permit, but sale or transfer of Section III Definitions said land shall not release the (1) "Conservation Plan" means original Permittee from the any plan developed by the obligations of complying with landowner and approved by the said permit, nor from the costs District which describes culti- the letter of credit of a proposed for revegetation enumerated in yahoo methods, cropping 5y5- expiration period- said notice Article 3, Section 11(11, of this terns, and land management shall be sent by certified mail to Ordinance 108-A. Said Permittee techniques required to prevent or the Clerk of the Board of County shall be released from the reducesoil erosion to acceptable Commissioners of Weld County, obligations of complying with Colorado levels on the land for which the (b) An escrow agreement that said permit if he shows Board the plan was developed. provides at least the following: County o of the ai e The'plan shall include a map or (i) The cash in escrow is at has County Commissioners that he and aerial i l photograph gelinla delineating and the least equivalent to 100% of the has c t ansferedomlied h t nyhepefinarmitnc al the area on f eich cultivation is estimated cost to revegetate the guarantee to the new'Permittee. going to take place with cultivated grassland acreage tof a one.inch to specified in the application, as ARTICLE 3' dimensions foot sag inch ,six set by a schedule established by Administration, Enforcement the Board of County Commis-other scale found by the District' and Pen Enforcement to be acceptable and adequate sioners The by separate action. roi I - Enforcement to define the area of the permit. es the eserow agent funds will Provisions When es The plan shall also. include a tees that escrow will be used for revegetation of the (1) the Board of County soils map and soil descriptionswriting wri that a .is advised r with land capability classification specified grassland ion and est any landowner g in accordance with United States in the application and to be etor is cultivated cultivatingany or causing Department of Agriculture Land for no other o purpose and such funds not. without tobtaining grasslands Capability Classification System. without any e prior portion approval firstthis ri a perms- mmi of the pursuant the o Ordinance 10 to (2) "Cultivation" means the Boar The d of ro aCgent will bete a issue tee Board is the landowner er practice of plowing or disking or Federal or Stale vlicensed bank or an upon the landowner any other mechanical or financial institution. County listed uAss records of the chemical preparation of the land (iv) If the Board of County Assessor, and the for the purpose of producing a Commissioners of Weld Count sopecifying 'thaf t the is cultiivaton crop for harvest. determines that there is a sub- c131 consernd that (31 vation district organizedmsany soil stantial deviation from the 11 the grasslands shallcease ebely trevege- co provided in Section 35-70- permit and there is a need for fated back to species of grass 104, CRS. revegetation of the cultivated approved by the District or that 14) "Grassland" means land grassland acreage covered by the landowner and/or operator having a arsu n cover s grass the permit, then the escrow obtained a permit in accordance and which was not cultivated agent, upon request by the with this Ordinance 108-A. the five year period Board, shall release any re- (a) Notice of such order shall within inus May 1982, maining escrow funds to Weld be sent by certified mail, return pr to M it has been County for the purpose of receipt requested, to the land- whetherrevegetation. cultivated since May 19, 1982. (o) A performance bond given k and operator if any is 'know owner n. or otherwise served as f 18)anting tate" means the act by a corporate surety authorized provided in the Colorado Rules of of planting grasses which are to do business in the State of Civil Procedure. adaptive to the area and which Colorado in an amount equiva- (b1 Within thirty 1301 days of the. have been approved by the lent to 100% of the estimated receipt of such order, the District. cost to revegetate the cultivated landowner and/or operator shall grassland acreage specified in submit to the Board of County Section IV - Applicability the application, as set by a Commissioners a conservation (1) These regulations apply to schedule established by the plan approved by the District to applications for permits to Board by separate action, comply with such order. engage in the cultivation of (d)The cash deposit made with cc) If the landowner and/or grasslands in Weld County, the Board equivalent to 100% of operator fails to submit a con- Colorado. the estimated cost to revegetate al n plan •as provided in (2) Any person seeking to the cultivated grassland acreage Article 2, or if the landowner cultivate any grassland in Weld County, specified in the application, as and/or operator advises the Colorado, shall obtain a set by a schedule established by Board of County Commissioners permit pursuant to this Ordin- the Board by separate action. that he does not intend to or ance 108-A prior to commencing A Permittee's failure to main- cannot comply with such plan, reason- said cultivation. rain at all times the collateral the Board may take the vegementioned herein shall be a able action necessary to - Section - Nonconforming violation of this Ordinance and tate the grasslands specified in Use .:truvi grounds for revocation unless the' the order issued pursuant to f1',: • :-r sion of this egula- cultivated grassland has been subsection (1) of this section. ti -.il not apply to any adequately revegetated. Notice of such action shall be ✓,�F.. rming use existing on Any person currently cultivating sent by certified mail, return owner and operator:'It•'any is Section II • Penalties known,or served with said notice (1) Upon the completion of the in accordance with the Colorado revegetation caused as provided Rules of Civil Procedure, prior to in Article 3, Section I. by the the performance of such action. Board of County Commissioners, (2) When the Board of County the Board may, by resolution, Commissioners is advised in assess against the landowner the writing that any Permittee is cost of said treatment, which - cultivating or causing to be shall in no event exceed the cultivated any grasslands -in actual cost of the revegetation. If violation of his permit previously collateral has been--provided issued by the Board of County pursuant to Article 2, then the Commissioners, the Board shall Board may use such collateral to then notify the District of said pay for said treatment.The Board complaint and set a hearing may expend more money for said within ten(10)days of the receipt revegetation than the amount of of said complaint in order to the collateral, but shall not be determine whether a substantial required to do'so. deviation has occurred between (2) Criminal Penalty — any the cultivation practices of the person, firm, or corporation vio- Permittee and the cultivation lating this Ordinance 108-A shall practices outlined in the conser- be punished by a fine of not vation plan of said permit. more than three hundred dollars ($300.00) or by imprisonment in (a) Said hearing shall be the County jail for not more than conducted and notice given ninety(90) days, or by both such thereof in accordance with the fine or imprisonment Each day procedure contained in the during which such illegal cultiva- tion continues shall be deemed a "General Procedures for. Ad- separate offense. judicatory-Type Hearings" sec- tion of the Weld County Adminis- ARTICLE 4 trative Manual. (b) If the Board finds at said Severability hearing that the cultivation practices of the Permittee have (1) If any section, subsection,. substantially deviated from the paragraph, sentence, clause or conservation plan in the original phrase of this Ordinance 108-A permit, the Board shall: is, for any reason, held or (i) Order the Permittee to decided to be invalid or uncon- comply with the conservation stitutional, such decision shall plan contained in the original not affect the validity of the permit; or remaining portions. (ii) Revoke the original permit (21 The Board of County Corn and order the Permittee to cease missioners of Weld County, cultivation immediately and to Colorado, hereby declares that it revegetate the grassland. would have passed this Ordin- (c) As an 'alternative to the ance 108-A and each and every action contemplated in sub- section, subsection, .paragraph. section (b) above, the Permittee, sentence, clause and phrase the Board, and the District may thereof irrespective of the fact enter into an agreement wherein that any one or more sections, the Permittee agrees to amend - subsections, paragraphs, the original conservation plan in sentences, clauses, or phrases a manner consistent with the might be declared to be uncon- purposes of Article 1, Section I. stitutional or invalid. Said agreement shall be signed by the Permittee, the Board, and ARTICLE 5 the District. Whenever the aforementioned parties agree to Liability amend the conservation plan pursuant to this subsection, the This Ordinance 108-A shall not Permittee shall provide a linen- be intended to create a civil cial guarantee, in accordance cause of action against the with Article 2,Section 1(6),of this Board of County Commissioners Ordinance, unless he has already of Weld County. any District nr done so to the satisfaction of the Board, administer this'Ordinance 1U6-A (d)Any permit which is violated in any manner. after the effective date of this ARTICLE 0 Ordinance 108-A is subject to revocation according to the pro- Effective Date visions of this subsection. Any permit which has been violated previous to the effective date of BE IT FURTHER ORDAINED by this Ordinance 108-A and which the Board of County Commis- continues to be violated after sioners of Weld County, Colo- said effective date shall be rado, that this Ordinance No. subject to revocation according 108-A shall become effective five to the provisions of this (5) days after its final public subsection. notice, in accordance with (3) Any complaint to the Board Section 3-14(2) of the Weld of County Commissioners which County Home Rule Charter. informs said Board that a viola- tion of this Ordinance 108-A or a The above and foregoing violation of an existing permit is Ordinance No. 108-A was, on occurring, must be in .writing. motion duly made and seconded, Said writing must specify the adopted by the following vote on Section. Township, and range the ---day of wherein . the violation...,as 19 occurring. Additionally, the BOARD OF COUNTY writing must identify the land- COMMISSIONERS owner and/or operator and his or WELD COUNTY, her address if known. All corn- COLORADO plaints shall be sent directly to the Clerk to the Board of County Commissioners of Weld County,' Jacqueline Johnson, Colorado. Chairman (4) Any order to revegelate or any decision by the Board to Gordon E. Lacy, Pro-Tem cause land to be revegetated shall be subject to review by the Gene R. Brantner District Court,but such action for review must be brought by the C. W. Kirby landowner within thirty(30) days from the date of such order or Frank Yamaguchi decision. ATTEST: Weld County Clerk and Recorder and Clerk to the Board By: Deputy County Clerk APPROVED AS TO FORM: County Attorney 1st Reading - February 3, 1986 Published - February 6, 1986 2nd Reading-February 19,1986 Published - February 20, 1986 Final Reading - March 3, 1986 Final Publication-March 6, ;986 Effective - March 11, 1986 Published in the Johnstown Breeze Feb.6,20, March 6, 1986 AFFIDAVIT OF PUBLICATION _ THE JOHNSTOWN BREEZE STATE OF COLORADO a 1 55 COUNTY OF WELD a 1, Clyde Briggs, do solemnly swear that I am publisher of The Johnstown Breeze, that the same is a weekly newspaper printed, in whole or in part, and published in the County of Weld, Slate of Colorado. and has a general circulation therein, that said newspaper has been published continuously and uninterruptedly in said (C); �%"`, County of Weld for a period of more than Ua fifty-two consecutive weeks prior to the �GQ first publication of the annexed legal indite • or advertisement; that said newspaper has been admitted to the United States mods as second-class matter under the provisions of the Act of March J, hill), or an'. amendments thereof, and that said newspaper is a weekly newspaper dul qualified for publishing legal notices an 1 advertisements within the meaning of ti laws of the State of Colorado. That the annexed legal notice or advertise- ment was published in the regular and entire issue of every number of said weekly newspaper for the period of ! consecu- tive insertions; and that the first publication of said notice was in the issur.nL said newspaper dated 2-20:\ 11'6 and that the last publication of said notice was in the issue of said newspaper dated , A.D. 19 In witness whereof I have hereunto set my hand_this 24 day of b . A.D. L'I:i6 651e--/79 - Publisher Subscribed and sworn to before ine, a Notary Public in and for the Cpyunly of A, State of Colorado, this .`i.... day of �,Gacsr�;... A.l). 19 ... ..... v Notary I'ul.hc My commission expires wit 2, :,tear' r _. Avenue lotin-lewn. CO 80S" jpg Department of Agriculture step IN THE MATTER REPEALING Capability Classification System AND RE-ENACTING WELD COUNTY ORDINANCE Section VI - Relationship to Classes V through VIII may begin NO. 108 Other Regulations cultivating grasslands with AND ITS AMENDMENTS, CON- (1) Nothing in these regulations Classes I through IV only after CERNING THE ISSUANCE OF shall be construed as exempting first obtaining a permit pursuant PERMITS FOR THE PLOWOUTan applicant for a permit from to this Ordinance 108-A. Said AND CULTIVATION OF GRASS- any other requirements of this person must submit, along with LAND IN WELD COUNTY, jurisdiction or other state or the application for said permit, a COLORADO federal laws. revegetatlon and. management 12) To the Extent that the plan,approved by the District,for BE IT ORDAINED BY THE requirements of this Ordinance revegetating and managing the BOARD OF COUNTY COM- 10B-A differ from any other lands with Classes V through VIII. MISSIONERS OF WELD applicable requirements, the Said person may be required by COUNTY . COLORADO: more restrictive requirements the Board of County Com- WHEREAS,the Board of County shall apply. missioners to provide the secur- Commissioners of Weld County, ity as required by Article 2, Colorado, pursuant to Colorado ARTICLE 2 Section 1(7), of this Ordinance statute and the Weld County Applications and Permits 108-A in an amount equivalent to Home Rule Charter, is vested 100% of the estimated cost of with the authority of admin- Section I-Permit Submission revegetating the previously cul- istering the affairs of Weld Requirements tivated Class V through VIII County, Colorado, and An applicant for a permit to acreage. engage in the cultivation of The above items must also be WHEREAS, the indiscriminate grasslands shall submit to the submitted by any person seeking plowout of grasslands in Weld Board of County Commissioners, to amend an existing permit after County is a serious problem as a minimum, the following: the effective date of this leading to soil erosion and dust (1) A completed application Ordinance 108-A. blowing, and form; Section II • Approval of (2) A legal description of the Permit Applications WHEREAS,the Board of County grasslands to be cultivated (1) If the applicant has a Commissioners has determined pursuant to the permit; conservation plan or amended that it is necessary to regulate (3) Map(s) delineating the conservation plan approved by the plowout of grasslands in proposed area of the permit by the local soil conservation district Weld County, and the Township, Range, and board, has provided security as Sections of said area described in Section 1(5) herein, WHEREAS,the Board of County (4) Proof of ownership of the and has paid the applicable Commissioners passed Weld grasslands in the form of a deed, permit fee, then the County shall County Ordinance No. 108, or proof of authority to cultivate issue a permit. concerning the issuance of the grasslands in the form of a permits for the plowout and lease with authorization for the (2) If the local soil conservation cultivation of grassland in Weld lessee to cultivate the grasslands district board disapproves the County, Colorado, on May 19, and a power of attorney from the applicant's conservation plan or 1982, and said Ordinance owner authorizing the lessee to amended conservation plan, the became effective on that date, apply for the permit; applicant may appeal to the and (5) A conservation plan, or Board of County Commissioners amended conservation plan if a for a hearing to consider whether WHEREAS,the Board of County permit is already in effect. the local soil conservation district Commissioners wishes to amend approved by the local soil board was in error in dis- said Ordinance No. 108 in order • conservation district board,which approving said plan and whether to- provide for more effective will specify the conditions under the application should be enforcement of the provisions which cultivation is permitted; approved. therein. - (6)A permit fee, established by (a)Within twenty(20)days after separate ordinance; and receiving an appeal for a hearing, NOW, THEREFORE, BE IT (7) Collateral approved by the the Board of County Commis- ORDAINED by the Board of Board of County Commissioners sioners shall set a date for a County Commissioners of Weld in the amount of the estimated hearing. At the hearing, the County, Colorado, that Weld cost to revegetate the grassland applicant may be present and County Ordinance No. 108 is acreage specified in the applicd testify and present evidence on repealed and re-enacted as tion, as established by the Board his behalf if he so desires. Said follows : by separate ordinance. All such hearing shall be de novo and the collateral shall name "Weld burden of proof by a pre- ARTICE 1 County, c/o the Board of County Ponderance of the evidence shall Commissioners of Weld County, rest upon the District which General Provisions Colorado," as beneficiary. Any disapproved the conservation one or any combination of the Plan. Section I - Purpose and four types a of collateral listed (b)The Board of County Commis- Intent below are acceptable to Weld sioners shall approve the appli- County: cation if the applicant's plan or (1) To insure that land-dis- (a) An irrevocable letter of amended plan will: turbing activities in areas con- credit from a federal or state (i) Allow for the cultivation of taming privately-owned grass- - licensed financial institution on a grasslands with United States lands shall be conducted in a form approved by Weld County. Department of Agriculture Land manner which will minimize The letter of credit shall state at Capability Classification Systems damage to those resources for least the following: Classes 1 through IV: future use. (I) The letter of credit shall be (ii) Keep or reduce soil losses in an amount equivalent to 100% from wind and water erosion to j2) To prevent soil erosion and of the estimated cost to acceptable limits; dust blowing which results from revegetate the cultivated grass (iii) Retain snow and rainfall on improper soil management land acreage specified in the the land and conserve soil techniques. application, as set by a schedule moisture: --:(3) To establish certain re- established by the Board of (iv) Meet the objectives of the Alinements which must be met County Commissioners by seder- .applicant both as to his ore- ,before the cultivation of grass- ate action. - tarred production system and his land is permitted. (ii) The letter of credit shall desired level of economic return; • provide • for .payment upon and '(4) To ensure that .soil re- • demand to Weld County if the (v) Prevent or minimize air and sources are:preserved to the Permittee has.not complied with water pollution. extent possible-tor tl}q. of p-,, eve cpnservationq��plpn,and permit,, .,(31 upon ieauance oG dr- a-permif- duction of tood`fthe present` and the issuer has.been:notified pursuant to this Ordinance 108- and future inhabitants of Weld of such failure. - A. the conservation plan or County, Colora ). ,gig The issuer of.the letter of amended conservation plan and credit shall guarantee that at all a copy of this Ordinance 108-A Sr. i . n II Authority times the unreleased portion of shall be filed and recorded upon the letter of credit shall be equal the land records of the Weld Ordinance 108-A is, to a minimum of 100% of the County Clerk and Recorder. 1, m- 'd pursuant to Section 29- estimated cost to revegetate the - - %0.101,et seq.,CRS,entitled the cultivated grassland acreage "Local Government Land Use specified in the application. as Control Enabling Act of 1974", set by a schedule established by the Board of County antl Section n 30-35-101,e et seq., missioners by separate action. Com- CRS, entitled the "Colorado (iv) The letter of credit shall County Home Rule Powers Act." 'specify that it shall remain in full force and effect until aft-r the Board has received 60 days written notice from the issuer of demean ill-Permit Runs With Land - Release of Original Permittee (1) Any permit issued pursuant to this Ordinance 108-A or pursuant to Ordinance 108 shall run with the land specified in the permit, but sale or transfer of Section III - Definitions said land shall not release the (1) "Conservation Plan" means original Permittee from the obligations of complying with any plan developed by the said permit, nor from the costs District ich be by the the to' of eriodof a proposed A for revegetation enumerated in vation which describes ropi cull' expiration lbe by period- saidail o Articles, Section lid o this vatic methods, cropping sent shall l sent f certified rd mail to al e 10 Said from Permittee tems, and land to management the miss of the of tl of County shall g be freleased h techniques required to prevent lore Commissioners of Weld County, obligations if complying show with eduseonil erosion to acceptable Colorado. said permit if he shows r the levels f on the land for which the ov a tescrow a agreement that County Co of the Board e plan was developed.hal provides at least the following: has c Commissioners mit he The plan shall include eli a map a The cash in escrow is has complied fe with the permit and aerial photograph of rassl ads the leastcost equivalent 100% of the has transferred any financialitte. full area of h grasslands and estimated costs revegetate the guarantee l0 the new Permittee. the area on which cultivation is grassland acreage going to take place with specified t in the application, as r Lion, E f dimensions fo on a one.inch ') six set by a schedule fom by Administration,Pe Enforcement olties foot scale ( District, or the Board of Countytea Commis- and - Enforcement to other scale e by the uate stoners by separate waa action. Provisions I Enforcement to e acceptable the re and permit.rmte (ii)es The erow agent ds will provision to define the area the tees that the escrowrevegetation of l m When the Board ofvi Cduni The pp shall also. include cr a be used for dtion r the wri that •is advised in r with map and soil las ification eified grassland ion and writing at that any landowner causing with land rice with cl Stes noietl iner rue application and to betor It cu ai y gr sla in accordance with United States for as other o purpose of and will not without be cultivated any grasslands Department of Agriculture iction Land release any portion he rsua first obtaining an permit CapabilityClassification System. Board the prior approval mmi of the pursuant then t o this Ordinance 10 to Board of ro Commissioners.will era tee Board is landowner er (2) "Cultivation" means the (iii) The escrow agent will issue an order the landowner practice of plowing or disking or i or State licensed bank or listed upon s the records of the any other mechanical or financial institution. County Assessor, and the chemical preparation of rue land (iv) If rim Board of County operator, if any is known, for the purpose of producing a Commissioners of Weld County specifying that the cultivation crop for harvest, determines that•there is a sub- shall cease immediately and that (3) "District" means any soil stantial deviation from the the grasslands shall be revege- conservation conservation district i organized permit and there is a need for fated back to species of grass as provided in Section 35-70- revegetation of the cultivated approved by the District or that 104, CRS. grassland acreage covered by the landowner and/or operator (4) "Grassland" means land the permit, then the escrow obtained a permit in accordance having a ground cover of grass agent, upon request by the with this Ordinance 108-A. and which was not cultivated Board, shall release any re- (a) Notice of such order shall within the live year period maining escrow funds to Weld be sent by certified mail, return previous to May 19. 1982, County for the purpose of receipt requested, to the land- whether or not it has been revegetation. owner and operator, if any is cultivated since May 19. 1982. (c) A performance bond given known, or otherwise served as (5)"Revegetate" means the act by a corporate surety authorized provided in the Colorado Rules of of planting grasses wnwn are to do business in the State of Civil Procedure. adaptive to the area and which Colorado in an amount equiva- (b)Within thirty(30)days of the. have been approved by the lent to 100% of the estimated receipt of such order, the District cost to revegetate the cultivated landowner and/or operator shall grassland acreage specified in submit to the Board of County Section IV - Applicability the application, as set by a Commissioners a conservation (1) These regulations apply to schedule established by the plan approved by the District to applications f or permits to Boartl by separate action. comply with ne such landowner and/or 'd engage in the cultivation of (d)The cash deposit made with ( ) grasslands in Weld County, the Board equivalent to 100%of operator fails to submit a con- the estimated cost to revegetate servation plan .as provided in (2) Any person seeking to the cultivated grassland acreage aArticle 2, or if nd/le 2 thea landowner es the cultivate any grassland in Weld specified In the application, asoperator County, Colorado. shall obtain a set by a schedule established by Board of County Commissioners permit pursuant to this Ordin- the Board by separate action. _ that he does not intend to or ance 108-A prior to commencing A Permittee's failure to main- cannot comply with such plan. the Board may take the reason- said cultivation. fain at all times the collateral mentioned herein shall be a able action necessary to revege- Section Nonconforming violation of this Ordinance and tate the grasslands specified in Use t4�' grounds for revocation unless the the order issued pursuant to Ill .;vuvision of this'manta- cultivated grassland has been subsection (1) of this section. ti,, "ll not apply to any adequately revegetated. Notice of such action shall be . :;.::-}.. !:ming use existing on Any person currently cultivating sent by certified mail, return Section II - Penalties owner and operator;'it-any is - (1) Upon the completion of the known,or served with said notice revegetation caused as provided in accordance with the Colorado in Article 3, Section I, by the Rules of Civil Procedure, prior to Board of County Commissioners, the performance of such action. the Board may, by resolution, (2) When the Board of County assess against the landowner the Commissioners is advised in cost of said treatment, which writing that any Permittee is shall in no event exceed the cultivating or causing to be actual coshof the revegetation. If cultivated any grasslands in collateral has been—provided violation of his permit previously pursuant to Article 2, then the issued by the Board of County Board may use such collateral to Commissioners, the Board shall pay for said treatment.The Board then notify the District of said may expend more money for said complaint and set a hearing revegetation than the amount of within ten(10)days of the receipt the collateral, but shall not be of said complaint in order to required to do so. determine whether a substantial (2) Criminal Penalty — any deviation has occurred between person, firm, or corporation vio- the cultivation practices of the lating this Ordinance 108-A shall Permittee and the cultivation be punished by a fine of not practices outlined in the conser- more than three hundred dollars vation plan of said permit. ($300.001 or by imprisonment in a) Said hearing shall be the County jail for not more than ( conducted and notice given ninety(90) days, or by both such fine or imprisonment. thereof in accordance with theEach day d contained in the during which such illegal cultiva- procedure sep continues shall be deemed a "General Procedures for. Ad- separate offense. judicatory-Type Hearings" sec- ARTICLE 4 tion of the Weld County Adminis- trative Manual. Severability (b) If the Board finds at said hearing that the cultivation (1) If any section, subsection,. practices of the Permittee have paragraph, sentence, clause or substantially deviated from the phrase of this Ordinance 108-A conservation plan in the original is, for any reason, held or permit, the Board shall: decided to be invalid or uncon- (i) Order the Permittee to stitutional, such decision shall comply with the conservation not affect the validity of the plan contained in the original remaining portions. Permit; or (21 The Board of County Com- fit) Revoke the original permit missioners of Weld County, and order the Permittee to cease Colorado, hereby declares that it cultivation immediately and to would have passed this Ordin- revegetate the grassland, ance 108-A and each and every (c) As an 'alternative to the section, subsection, .paragraph. action contemplated in sub- sentence, clause and phrase section (b) above, the Permittee, thereof irrespective of the fact the Board, and the District may enter into an agreement wherein that any one or more sections, the Permittee agrees to amend subsections, paragraphs, the original conservation plan in sentences, clauses, or phrases a manner consistent with the might be declared to be uncon- purposes of Article 1, Section I. stitutional or invalid. Said agreement shall be signed ARTICLE 5 by the Permittee, the Board,and the District Whenever the Liability aforementioned parties agree to amend the conservation plan This Ordinance 108-A shall not pursuant to this subsection, the be intended to create a civil Permittee shall provide a linen- cause of action against the cial guarantee, in accordance Board of County Commissioners with Article 2.Section 1(6),of this of Weld County. any District n Ordinance, unless he has already.. r done so to the satisfaction of the administer thls'Ordinance 1ua-A Board. in any manner. (d)Any permit which is violated after the effective date of this ARTICLE 6 Ordinance 108-A is subject to revocation according to the pro- Effective Date visions of this subsection. Any permit which has been violated BE IT FURTHER ORDAINED by previous to the effective dale of the Board of County Commis- this Ordinance 108-A and which sioners of Weld County, Colo- continues to be violated after redo, that this Ordinance No. said effective date shall be 108-A shall become effective five subject to revocation according (5) days after its final public to the provisions of this notice, in accordance with subsection. Section 3-14(2) of the Weld (3) Any complaint to the Board County Home Rule Charter. of County Commissioners which informs said Board that a viola- The above and foregoing tion of this Ordinance 108-A or a Ordinance No. 108-A was, on violation of an existing permit is motion duly made and seconded, occurring, must be in writing. adopted by the following vote on Said writing must specify the the --- day of Section. Township, and range 19__ wherein - the violation..--la BOARD OF COUNTY occurring, Additionally, the COMMISSIONERS writing must identify the land- WELD COUNTY, owner and/or operator and his or COLORADO her address if known. All com- plaints shall be sent directly to the Clerk to the Board of County Jacqueline Johnson. Commissioners of Weld County,' Chairman Colorado.(4) Any order to revegetate or Gordon E. Lacy. Pro-Tem any decision by the Board to cause land to be revegetated — Gene R. Brantner shall be subject to review by the District Court,but such action for C. W. Kirby review must be brought by the landowner within thirty(30) days Frank Yamaguchi from the date of such order or ATTEST: decision. Weld County Clerk and Recorder and Clerk to the Board By: Deputy County Clerk APPROVED AS TO FORM: County Attorney 1st Reading - February 3, 1986 Published - February 6, 1986 2nd Reading-February 19,1986 Published - February 20, 1986 Final Reading - March 3, 1986 Final Publication- March 6, 1986 Effective - March 11. 1986 Published in the Johnstown Breeze Feb.6.20.March 6, 1986 • • AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE Of COLORADO ss COUNTY OF WELD I, Clyde Briggs, du solemnly swear that I am publisher of The Johnstown Breeze. that the same is a weekly newspaper printed, in whole or in part, and published in the County of Weld, State of Colorado. and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Weld for a period of more than fifty-two consecutive weeks prior to the first publication of the annexed legal not e • or advertisement; that said newspaper has been admitted to the United States mail, as second-class matter under the provisions ,4 the Act of March :1, lilb, or an) amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertise- ment was published in the regular and entire issue of every number of said weekly • newspaper for the period of / consecu- tive insertions; and that the first publication of said notice was in the issm;ol said newspaper dated 3- b A.l). 86 and that the last publication of said notice was in the issue of said newspaper dated - A.D. 19 In witness whereof I have hereunto set my hand-this /3 day al 9.1 . A.D. 1986 � te-- 172 Publisher Subscribed and sworn to before me, a Notary Public in and fur the Doty ul W }l State of Colora`yI'))•this .../ day id VS. A.D. 1we: t R L1. < �•'�cr Notary I'ul,hc My commission expires My Co:rmL:::c.i F: , Jane 14, 1937 16 - Breeze, March 6,.1986 • ORDINANCE NO. 1O8-A May 19. 1982. the effective date land3 with the United Std ates of Weld County Ordinance No. Department of Agriculture Laes receipt requested. to the land- Department any other persons that ma IN THE MATTER OF REPEALING 108' Capability Classification System owner. and operator. if any is administer this Ordinance 108-i AND REENACTING WELDClasses V through VIII may begin i knaccordance own or served with said notice in any manner. COUNTY ORDINANCE NO 108 e g - Relationship to cultivating grasslands with n Rules f with the Colorado Other Regulations 9 9 of Civil Procedure prier to ARTICLE 6 AND ITS AMENDMENTS CON- el) Nothing in these regulations Classes through IV only after the performance of such action. CERNING THE ISSUANCE OF shall be construed as exempting first obtaining a permit pursuant 121 When the Board of County Effective Date PERMITS FOR THE PLOWO UT an applicant for a permit from to this Ordinance 108-A. Said Commissioners is advised in AND CULTIVATION OF GRASS any other requirements of this person must submit. along with writing that any Permittee is BE IT FURTHER ORDAINED b LAND IN WELD COUNTY. jurisdiction or other state or the application for said permit. a COLORADO revegetation and management cultivating or causing to be the Board of County Commis federal laws cultivated any grasslands in sinners of Weld County, Cole (21 To the Extent that the plan. approved by the District.for violation of his permit previously redo. that this Ordinance Nc BE IT ORDAINED BY THE requirements of this Ordinanc r leveg frail rig and managing the issued by the Board of County 108-A shall become effective fivi BOARD OF COUNTY COM- 108-A differ from any other lands with Classes V through VIII. Commissioners. the Board shall MISSIONERS OF WELD applicable requirements the Said person may be required by then notify the District o1 said (bl days after its afind public COUNTY COLORADO r q the Boartl of Count ec m- notice. m accordance will more restrictive requirements y complaint and set a hearing Section 3-14(21 of the Wel, WHEREAS.the Board of County shall apply missioners to provide the secu2 within ten i10)days of the receipt County Home Rule Charter. Commissioners of Weld County Ty as required by Article �. 01 said complaint in order to Section 1171. of this Ordinance Colorado. pursuant to Colorado ARTICLE 2 108-A in an amount equivalent to determine whether a substantial The above and forego)nc statute and the Weld County Applications and Permits p deviation has occurred between Ordinance No. 108-A was. Or I ggxo of the estimated cost of practices motion duly made and seconded Home Rule Charter is vestedr the cultivation of the with the authority of aW Weld Section I-Permit Submission tivated Cllass the previously through VIII cul Permittee and the cultivation adopted b the following vote or istering the affairs of Requirements Practices outlined in the consery the 3rd day of March. A-D.. 1986 County Colorado. and An applicant for a permit to acreage vation plan of said Pe rmlL engage in the cultivation of The above items must also be WHEREAS. the indiscriminate grasslands shall submit to the submitted by any person seeking dal ad hearing shall enbe BOARD OF COUNT) Couplonty of grasslands in Weld Board of County Commissioners. to amend an existing permit after conducted and notice given COMMISSIONERS County is a serious problem as a minimum. the followingplicat. the effective date of this thereof in accordance with the WELD COUNTY leading to soil erosion and dust 11t A completed application Ordinance 108-A procedure contained in the COLD RA DC hlowing and form. Section II - Approval of 12i A legal description of the Permit Applications "General Procedures for Ad- Jacqueline Johnson. Chairman WHEREAS.the Board of County grasslands to he cultivated 111 if the applicant has a Iudmaiory-Type Hearings" sec- ,has determined pursuant to the permit. conservation plan or amended finis of the Weld County Admmis- Gordon E Lacy. Pro Ten' that it is necessary to regulate 131 Mapfsl dehneating rise conservation plan approved by trative Manuel the plowput of grasslands in proposed area of the permit by the local soil conservation district Ibj If the Board finds at said Gene R. Brant el Weld County and the Township Range- and board has provided security as hearing that the cultivation . described in Section 1161 herein, Practices of the Permittee have C W. Kati,.Sections of said area WHEREAS.the Board of County 141 Proof of ownership of the and has paid the applicable substantially deviated from the Commissioners passed Weld grasslands in the form of a deed. permit fee-then the County shall conservation plan in the originalFrank Vanla guch County Ordinance No 108 or proof of authority to cultivate issue a permit permit the Board shall: 10 Order the Permittee to ATTEST Mary Ann Feuerstein concerning the issuance of the grasslands in the form of a permits for the plowout and lease with authorization for the 121 II the local soil conservation comply with the conservation cultivation of grassland in Weld lessee to cultivate the grasslands district board disapproves the Plan contained in the original Weld County Clerk and County. Colorado. on May 19. and a power of attorney from the applicant's conservation plan or permit or Recorder and Clerk 1982. and said Ordinance owner authorizing the lessee to amended conservation plan. the (s) Revoke the original permit to the Board and order the Permittee to cease became effective on that date. apply for the permit. applicant may appeal to the arid tEl A conservation plan. or Board of County Commissioners cultivation immediately and to By. Tommie Antuna amended conservation plan if a for a hearing to consider whether revegetate the grassland. Deputy County Clerk WHEREAS.the Board of County permit already in effect. the local soil conservation district (ti As an contemplated alternative to the Commissioners wishes to amend conservation by the local son board was in error in dler action contemplated iner sub- APPROVED AS TO FORM said Ordina ice No. 108 in order ro its district board whichapproving said plan and whether section (b) above the Permittee. Thomas O. David to provide for more effective will specify the conditionsarm under the application should be the Board, and the District may County Attorney therein enforcement of the provisions which cultivation is permitted. approved. enter into an agreement wherein ihereln. 161 A permit lee. established by (al Within twenty(201 days after the Pig final a agrees to amend 1stPut Reading - February 3. 1986 separate ordinance. and receiving an appeal for hearing. the original conservation plan in PAO shed - Fehrur 6. 1986 a manner consistent with the NOW. THEREFORE. BE IT 17) Collateral approved by the the Board of County Commis- ORDAINED by the Board of Board of County Commissioners sinners shall set a date for ea Purposes of Article 1. Section I 2nd Reading-February 19. 1986 County Commissioners of Weld in the amount of the estimated hearing. At the hearing. the Said agreement shall be agned Published - February 20. 1986 County. Colorado- that Weld cost to revegetate the grassland applicant and may eben present and by the Permittee. the Boartl. and County Ordinance No. 108 is acreage stab lisp in the ap Plata- testify present evidence on the District Whenever the F R radmG March 3. 198E repealed and re-enacted us finis. as established ordinance by the Board his behalf if he so desires. Said aforementioned padres agree to Fn Pt oLrabon march 6. 1986 follows by separate ordinance. All such hearing shall be de novo and the amend the conservation plan collateral shall name Weld burden of proof by a Pre pursuant to this subsection. the tenors• March 11 1986 ARTICE 1 County. cio the Board of County rest "Pon of the evidence shad Permittee shall provide a hnan- Gommissloners of Weld County. rest upon the Dl ulna which sal guarantee- in accordance in rise Johnstown Breeze General Provisions Colorado:' as beneficiary. Any disapproved the conservation with Article 2 Section 1181 of this one or any combination of the Preis. Ordinance. unless he has already Section I - Purpose and four types of collateral 'fisted done r so to the satisfaction of the Intent below are acceptable to Weld .si the Board of pCovety the minis- Boded. County: cations shall approve an cd ter Any Peimat which is vi this 11 i To insure that land die- Pis An irrevocable letter -f cation if the appiicnnrs plan or after the effective date of this amended plan will. Ordinance 108-A is subject to 'tubing activities in areas con- credit from a federal of state m Allow nor thecultivation of revocation according to the pro- lamine privately owned hiss- licensed f na nc al . n a Grasslands with United States visions of Ih s subsection Any lands shall he conducted in e form approved by Weld County cDDepartmentof Ayra ut rid permit which has been violated rail r manner h ill minimize The letter of credit shall mate it Capability CIassiOcat on Systems previous to the effective date of damage to glome resources for least the following CAsses I through IV this Ordinan e t0E-A and which future use ii, The ,frier of credit Odell rue ii Keep or rTdduco hni losses c ontinues to he .elate 1 after n an amount equivalent to 100 r, tiOM Pinit and wale, .rmsion to sard errect,ve date sha-I he 121 to pis .oil erosion and of the estimated ,out to eptandr lirets subect to revocation di .cording dust blowing winuch results from revegetate the oleo! grass- ill', Retain snow(Hal r HIM', an to the provisions or this improper cil management land acreage specdied ar ihe too land and eo s sail subsection. techniques estahesher. AS et y a schedt, nosh till Ti, t I,ah c.trlan - Coo,t shed try the Board -I 131 Any complaint to the Board 1e 1 vi Meet the roue t o ire of County Commissioned, which q laments om ' oast be net Co myConmi son e 'Pen' timecof both is to ore informs sail Board that e viola - t .fore the a ilia,m of gram,- ate action oa !erred [dodoton sy t t lot! hs tion of this O rice 109-A or a rid is Pt'r" hiillO art.er at veld hall UP ed level or i,-u.i. i of n. violation of an existing Permit is c ri,. .act (4 To ensure that soil re- de and to Weld County d the lvi Prevent or minimize air and Said writing must spec y tilde eau« -s'.e a «-served to the Perinittee has not c t plied wth -iler f tan Section. Township and range extent po the io le for the pro the, on eivatlon plan il l permit iti Upon im,ian e ,ir i Plant it wherein the violation is dm tion ide m r i send and the suer has been ro F. d I facia I t di (s i to oc' rig Additionally ;Pe and future Hi uatants A Weld of such failure 4 th, onserwiliti frli - runting mist iderdify the and COtmly. Colorado me Tne issuer of the ielif, amended ems -iti plan and owner and:or operator and his or credit hall gum a t c peat at all aropy of this Khrirot, tad-A er address if known All dam - Section II - Authority times the unreleased portion at shy he lecf and re c .t-d the letter of cord t shall be e4 a(il upon pia nt_ shall be sent directly to of 100'o tf he the lard FP,ords of The Weld the Clara to the Board of County This Otdrice 108 A is to a minimum of t innCounty G ark aria Recorder Commssoners of Weld County. adopted pt t to Section 29- estimated paled cost to e e ietale the Section III-Permit Runs With Colorado. 20 I01et seg LRS. entitled the cultivated grassland acreage Land - Release of Original i4i Any order to revegetate Or Lodal Go vnt Land Use specified in the application as Permittee any decision by the Board to Control Fn fig Act of et'se set by a schedule County by all Any permit asscd puteu int cause land to be revegeta led and Section 1035-101. seq the Board of Lr file Go to this O finance 1 aH-A nr .hall he subject to review by the m s oners by sop rite action. D sir c'' Court. but such action >CRS. entitled the 'Colorado Pursuant o Of ]8 shall h r County Homo Hui. Powers Act- ( c The letter r( aim :-hall run with the land specified e the review must he brought by the specify that al shall remain m h permit but sale or t ans'er of landowner within tow.. 130i days Section III - Definitions tore and effe t until D0i h , odd ail shall net -Hp from the Ill -Cons n Plan" means wo rid has tee v •th 6' dry- ohrgah ,Permittee yang the deacon date of such order n' any plan ••lolled by the written notice Iron he issuer ea obargatons' or porn plying wit., landowner d I-P oved by the said P t t nor 'ro n the a.e. Section II - Penalties D9tr w e e .epees the the Iette of credit o a oropcs 1 f revegetation en le Pen m iii Upon the completion of the at on me 1 expiration cared 1 not 1 1 el, Section f thi ..f fig sys shall l e son b e T e l a a I T n Aerie ao caused as provided terns as t ,-n.genenl Ord c 108A ed F i n Ar. Je a Section by he the Clerk o' the Boa v do t sin!, a leasetl fr n he techniques red ,i prevent or Commissioners of Wes; co, tv Board o! Goumy Commis oners. revels coil to a ccepluble Colorado. said a! ens it nom{ y a with the Board may- by resolution avers on 1 aid for which the sad ac m t f he =e to v• assess against the treatment per the iv An escrow agreement that a r plan was d lot ed. satisfaction tan a( Board of cast Ot sad rent i xLe which The plan shall .dude:-map or pr des at Cash the follow nq his my Commissioners itc , that be shall n no e ent ea eed the aerial photograph lamenting the inaaNi The cash to escrow is at has co rip ed w to to Pc mat and actual cost or the rev egetab on. If fell area cif he grasslands and estimated ated cost tr uegct of Inc has Itae tetrad any ancmi collatesi has been provided cultivated cost ae age aceagf the area o wh h cultivation asgr.a ranG.c to the sew norm Vee. pursuant to Article 2. then the gong to take prase with cultivated ecifred grassland acreage Board may use such collateral to dimensions i one inch to six see f a in the -established a casi bs ARTICLE 3 pay for sand treatment.The Board hundred le itm t"'60O) or set bB a srd of uC bis Administration, Enforcement may expend more money for said the Board e County Commis and scale a by the piss riot sonars by separate action. and Penalties the collateral than the amount e to be acre till and adequate Section I - Enforcement the collateral. but shed not be 1 t to define ❑ n! the term aT. The escrow agent gdaran- provisions required to do so. tees that the es to 'ands wile The plan s a se ndede a 111 When the Board ri County 1rs Criminal — be u used e for re gi Ion of the Comm summers s a e. corporation any soils nap I _descriptions Pt ens a^ person firm. or vio Ih land ca a .- ass dcataon - It filed grass an 1 see and writing that any n downier or lating this e Ordinance 108-A shall n Department t United Stales specified in the apP nd wi and to oe - is cultivating < .,ausng be punished by a tine of not Department a A 1 n:uLure Land fen no a oi purpose:rid wail not without o e Ir vatoh any grasslands more than Three hundredimprisonment dollars Capability Classnra'pis System without any portion cisuch !fide pursue host is a pea)8 the County or by am prisonme nt a without the prior if o al of r pursuant to this Ordinance 108- h 121 Col o ' means the Board of escrow Commissionerstwu1ib . A the Board s authors the County jai for not more than 1 The escro agent win be a authorized to ninety x901 days, or by both such practice of 'acid- t' disking or 9 cuff an order to the ids of the fine or imprisonment ill. Each day any other mechanical or Fed era'a f State licensed bank or 25 listed upon ;he records of the during which such illegal cuRrva - Onan .al B o°. Count Assessor, and the chemical pre T d c of the land Y separate e continues shall be deemed a for the pu se at ;radioing a IIVI If the Board of County perato. It any Is Known offense crop for h don mines tea o re i County halcease specifying that re ,uand tmn determines the the as a sub- shall cease immediate 131 "Dist Weans any sod slantiaf deviation from the y t and that ARTICLE 4 conservation f. irI Organized the grasslands snail be fegrass permit and !heft h need for fated back to s r Sever ability as 04 provided m Section 36-70- revegetation of the cultivated approved by the District efies of .a at l41 "Gras aide means land grassland acreage covered by the sa downer and or operator it, If any section, subsection. the permit. then •h having o a d rove/ of grass e escrow obtained a Dermit ,n accordance paragraph. sentence. clause or and which .was not cultivated agent. upon request by the with this Ordinance 108-A. phrase of this Ordinance 108-A within the year Board. shalt release any ra- period maanrhg escrow funds to Weld tai Notice by of such parer shall is, e any reason, un or previous un May 19. 1982. r e sent eft certified mart return decided to be invalid or unoon- whether or not r has been County for the purpose of receipt rep�}esled. to the land shtut renal, such decision shall cultivated s ye May 19. 1982 ir)we At a hen owner and operator. if any is not affect the validity of the rl A pedormance bond given known or otherwise served as remaining portions i PUBLISHER'S AFFIDAVIT STATE OF COLORADO, }ss. COUNTY OF Adams I, Ni. June do solemnly swear that l am the Publisher of The Brighton Blade that the same is a w kly newspaper published in the City of Brighton 108 end ha Amendments,Concerning County of Adams m.Iterminos of Permia.Nt me Morrow end Cultivation of OrnWnd in Weld Board of Coulee, w, by Wteld Md State of Colorado, and has a general circulation TN second ilyac p eW Smnee therein;that said newspaper has been published 196A'NN be 4a Colorer, .a !1988.end S continuously and uninterruptedly in said the ES-reeding' M° 1988,in the Chambers of du Board of 'County Commiybrrn of Weld County. Colorado, Weld Cou Centennial � County of Adam's C}dtn, 9lb lop' -Item F oft•A amen% 'Pier P.. eaMer InN/eeled MEN be1�ere requested to attend he for a period of more than 52 weeks prior to the BE ITALSO Ordl- first publication of the annexed notice,that said now 108-A nrsV 8a eelrNned in the newspaper is entered in the post office at office of me CNrs Nall&erd of� Commissioners, located. ms 918 76N StreeCountThird POW Brighton BOARD OF COUNn WELD ;COLORADO BY:MARY,ANfPEUERBTEIN r COUNTY ANib RECORDER AND CLERK TO THEBOARD Colorado, as second class mail matter and that BY:Tommie Mune,Deputy 190, the said newspaper is a newspaper within the DATED:Feorusry 9.Brighton DATED: F in the Bngmoy.12,Blade1 meaning of the act of the General Assembly of First Publication February 12,1986 the State of Colorado,approved March 3D,1923, and entitled"Legal Notices and Advertisements" and other acts relating to the printing and publishing of legal notices and advertisments; that the annexed notice was published in the regular and entire issues of said newspaper, once each week, on the same day of each week for the period of 1. consecutive insertions; that the first publication of said newspaper dated February 12 19.84ndthe last publication of said`notice was in the issue of said newspaper dated 19 rSignature and Title Subscribe nd sworn to before me,a Notary Public.this 12th ' day of February 19 86 No ry Pkbhc £sLln St. • 6rFhton CO 111,11 Proof of Publication TILE STATE OF WYOMING,1 Ss. COUNTY OF LARAMIE, i TIMOTHY T. CONNER, being first duly sworn according to law, deposes and says as follows: That he is one of the pub- lishers of the PINE BLUFFS POST,a news- paper of general circulation published once NOTICE every week on Thursday at Pine Bluffs, in The first reading of Ordinance Laramie County, State of Wyoming; and No. 9 h the Mat* of Re-Enacting Weld that the attached notice was regularly pub- County No. 108 and its lished and circulated in the regular issues Amendments; Cotkerning the ;e of said paper, and not in any supplement nonce Plow-- out d` o Of lot the Grassland n thereof, on the following dates: in Weld County, Colorado, was approved by the Board of County. Commisgio s of, Weld County, Coloraa0.on Februaz5'3,1986.Thy, second reading of said Ordinance 108-A will be on February 19,1986, and tholinal reading will be on March 8;:1986,.in the Chambers of the Boatel of County Commis- sion or Weld County, Colorado, Weld, Centennial Center, p > 916 1 , First Floor, C-StS L Thursday, ..1> \ ,L0 Greeley, Colorado, at the hour of, 9:00 A.M. All persons in any manner interested in said Odin- Thorsen Y, ance 108-A are requested to attend and will be heard Thursday, Ordinance B 1108-AO KA bye examined in the office of the Clerk to the Thursday, Iloocs�ted in the y Weld Commissioners, Centennial Center,915 10th Street,,. Thursday, Third Floor, Greeley, Colo. BOARD OF COUNTY COMMISSIONERS Thursday, WEED COUNTYCOLORADO BY:MARY ANN FEUERSTEIN -- ) COUNTY CLERK AND RECORDER `• '1` 1 L 1 t„A A c4 AND CLERK TO THE BOARD V ` s'�.,{.TIMTIMOTHYT T.. CONNER, BY:Tommie Antuna,Deputy Publisher. DATED: February s, 1986 Subscribed and sworn to before me, by the aforesaid Timothy T. Conner, person- ally known to me to be a publisher of the PINE BLUFFS POST. this day of_FSI �C'v,( N V\44 (SEAL] My Commission expires January 18, 1990 AFFIDAVIT OF PUBLICATION LOVELAND DAILY REPORTER-HERALD State of Colorado County of Larimer I, Brad E . Zimmerman ,do solemnly swear that the LOVELAND DAILY REPORTER-HERALD is a daily newspaper published in the City of Loveland, County of - - NOTICE the Larimer, State of Colorado, and which has general circulation The efRepereadinp o/rnd Re-Enacting eEnnce N3. Wei Inm- ReONo.100 a its Amendments,:e n Con- therein and in of Larimer and Weld Counties; that said ly�lntheinN'Nenc.oidrrrIntFlwot parts corningnCui in Issuance of Grassland a s!Permits 1ld the ty, o l- and e,IR I p r ved the Board WelrLof County newspaper has been continuously and uninterruptedly published brads 4Faroyed byCorninleillenere.Of WOO el Board of Coumn for a period of more than six months next prior to the first publics- Fearwwryry.�i��19wi be in Fe resaiaa nd mty, GAINS On dlefina 9 be eh February 19°1976,d and lion of the annexed legal notice of advertisement, that said the final reading will be on Maros, 4916,-loans Chambers oft the Board of County Commissioners newspaper has been admitted to the United States mails as second- of welder,91 y;Colorado,treet,Weld County oor, tenni- al Glen,t 10th Street, First Floor,Greeley, class matter under the provisions of the Act of March 3, 1879, or any Celermeb,at the hour of 9:00 A.M.All Persons In any manner.Interested M said Ordinance 108-A amendments thereof, and that said newspaper is a daily newspaper are IT requestedK that d will swill Ordinance 100-A duly qualified for publishing legal notices and advertisements �ro of��Commissioonnerrsice of rourod in the e within the meaning of the laws of the State of Colorado; that copies Third Floorr,COteltyCentennial Colorado.center,915 10th Street, of each number of said newspaper in which said notice of advertise- WARD OUNTTY COLORAADDOISSK)NERS ment waspublished, were transmitted by mail or carrier to each of C1'�COUNARY TY CLERK FEUERSTEIN R AND CL toAMP RECORDER .A AND CLERK YA ME BOARD the subscribers of said newspaper, according to the accustomed BY: Tommie Anruna,.Deputy- DATED:. eland 3,1986 mode of business in this office. Publish: 13,1906 That Reporter-Herald February 13, That the annexed legal notice or advertisement was published in the regular and entire editions of said daily newspaper A&X*YeXotiX Dt' XRIX Al(Xs@F1R X0k4iX XIX NF9&X+92019( for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated February 13 , 19 86 , and that the last publication of said notice was in the issue of said newspaper dated February 13 , 19 86 Business Manager Subscribed and sworn to before me this 1 3 t h day of February ,198,6 Say ,�,./i Notary yPublic o�t,01 kr.\-'p MY COMMISSION EXPIRES ° � 1 DECEMEER 16, 1909 FEE$ 15 , 50 717 - 4th 1,,VENUE 'r =/ LONGMONT, 'r n � 'v� COLORADO 80501 2-1300-02 Affidavit of Publication STATE OF COLORADO ss. County of Weld, Millette S. Clarkson of said County of Weld, being duly sworn, say that I am an advertising derk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days) (QM); that the notice was published in the nyg, regular and entire issue of every number of said A -Wel d n ,I ► newspaper during the period and time of publication of Weld Canty,Colorado,Was eP- r erdOfCanyC«nmNaaNrea Weld Camay,Cel- said notice, and in the newspaper proper and not in a =Mill - a,"NW;The.,cent re final«mil. a-Wanmon ,3, at on cn nn*wW NoNMI n3 oMen Byrd)�Bwuee NIe,cMmoer.of m.sera Bammle- supplement thereof; that the first publication of said rintroeA WSM CNWnrv,ORarSoo,Weld CantyTe�SI Cem.r, Bn m pNap Or..1eyr .d.,.t El.t,a seta notice was contained in the issue of said newspaper A .AN MOWN S any hair:darer aatarer In add Ordinance'MBA bearing date tit ' WTI thit Had Ordinnee IDEA may beea n IIE4In the Clerk to the Board at Carty Cam iulont b ideated in wen Canty Centennial Cw.r.f}S 10M BInw,'TnIrd FleVerrth Moor,Omelet,Colorado.BOARD OF COUNTY COMMISSIONERS WELD couNTY,CCW.ORADo day of Fehrlary A.D. 19_86-; a n. BY MARY ANN FEUERSTEIN B AND DER and the last publication thereof; in the issue of said 4.1 af' r ll RD• newspaper bearing date the W3 4 to≥ Tuft A It ewe v vrat.?y r'40 dv= Fl aventh day of Fehnlary A.D. 19_8& that said The Greeley Daily Tribune and The Greeley Republican, has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. February 11,1986 Total Charge: $16.64 Advertising Clerk Subscribed and sworn to before me this day of February A.D. 19_86_ vorpml ss ion f ,) 1 o Nptar Public L Proof of Publication STATE OF COLORADO, I S5. County of Logan. David L . Smith , being duly sworn, deposes or4t, and says: r- 1. That he is the Publisher of The Sterling Journal-Advocate, a daily a • i,, t ' l • newspaper printed and published in the City of Sterling, County of %h - Logan, and State of Colorado. Chia - Y 2. That the said The Sterling Journal-Advocate is printed and pub- r.. lished daily, except Sundays and legal holidays, and that it has a general circulation in the City of Sterling, and County of Logan, and elsewhere. P1 R- ' 3. That the said The Sterling Journal-Advocate was established, and 1+ }i has been printed and published in said County, uninterruptedly and cesa . tat continuously, during a period of at least Fifty-two Weeks next prior to weld CoiSf ••ra0 the first issue thereof, containing said Feprpery. r coda read µ ] of IselidrOPd Notice of first reading - Ordinance No . _ `maned-i Balialwaw Tn, OFNOTCEOR .OVERTSLM_N. 108 — A rid rc 11- „„ Mach ?i"±f T4 � 1 a copy of which is hereunto attached. ehatnbars 61R faF county cdmmlseaserr Mr 4. That the said The Sterling Journal-Advocate is a daily news- we1a-c. paper of general circulation, and that the said daily newspaper is printed welds, j ''+t*"ye and published in whole or in part in said County of Logan, in which said on**, wd sip F1huriFI0s iva Notice oral''At.M AI* Pernit GIVE TITLE OF NO GE T OR ADVERTISEMENT manner interests if Orsugunce t A art, is required by law to be published. que t .' ?be heart; = ,{ 5. That the said The Sterling Journal-Advocate has been admitted .eE..1.1 to the United States Mails as second class matter under the provisions of sad mamaopt the Act of March 3, 1879, or any amendments thereof, and that said be. newspaper is a daily newspaper duly qualified for publishing legal thsrClerk tot notices and advertisements within the meaning of an Act of the General fiadeaib0 plMieaYs Assembly of the State of Colorado, approved March 5, 1935, being reewnnfabfent i Chapter 156 of the Session laws of Colorado, 1935, entitled: "An Act .Street, Third relating to legal notices and advertisements," and amending Section 1, Greeley,cbloraddo4. Chapter 113 Session Laws of Colorado, 1931. 6. That the said annexed WELE Notice GIVE TITLE OF NOTICI.OR ADVERTISEMENT !.COUN. was published in the regular and entire editions of The Sterling Journal- ANOCLE REC O E Advocate, a duly qualified daily newspaper for that purpose, within the g0 terms of the above named Acts. BY:Tommie Aniline „ 2pi�p86 7. That the said annexed onrN'lu�1e1>�n1�{it�y9e6 Published:Feb.10,1986. Notice sterling Journal-Advocate GIVE TITLE OF NOTICE OR ADVERTISEMENT --- is a true copy of the original which was regularly published in each of the regular and entire issues of said daily newspaper, a legally qualified paper for that purpose, ROM gdsci4X9€Rl§c S2tx$ eY5Rta4al;a% c sack At7e*, xiior sucon si61xiwe6dcs by Due insertions and that the first publication thereof was in the issue dated..F- - %u a r y 1 0 19.86 and the last publication was in the issue ,. -d. a blisher. Subscribed and sworn to before me this day 0th day of February 86 19 Lazy Public. My Commission Expires Jan.28, 1987 My Commission Expires 50..N,..3it.k,.Sterling..CQ.80751 AFFIDAVIT OF PUBLICATION STATE OF COLORADO, County of Morgan. ss. Fern HL---;lSnencer being of lawful age and first duly sworn on his oath, states that he is the Circulation N, ,re-_ of The Fort Morgan Times; that The Fort Morgan Times is a daily newspaper of general circulation and printed and published in the City of Fort Morgan in the County of Morgan, State of Colorado; that said daily newspaper has been published in said Morgan County, Colorado, uninterruptedly and continuously during the period of at least twelve months next prior to the first issue thereof NOTICE the annexed Not"i.c e _ The first reeding of ordinance No. 10&A,In the Matter of Repealing and Re-Enacting Weld Courtly Ordinance No.lee and its Amendments,Co erend is Magid the lowout a Cultivation as Moved 'Beard - �� e m�rad Wei iea.A wi'd lees. aecand al�m be on Februa t4 a�d in De that said daily newspaper is a daily newspaper and on a uMntavrch A February* 1a d p� ,do qualified for that purpose within the meaning of the Act WelaC ty tketer 915py8treat FM of the General Assembly of the State of Colorado, ap- Floor,Greeley, Mille teJ0:W A.M. All proved March 30, 1923, and entitled, "An Act to amend persons in any manner inures �dOrd. nEnance SSA are eeteA and an Act entitled 'An Act concerning legal notices, adver- BE IT At 0 t slated nee tisements and publications and the fees of printers and may be examined sm the el publishers thereof, and to repeal all acts and parts of Berry teal. ps,ism:Street, -me acts in conflict with the provisions of this act,' " being reeky ut Section 1 to 10 inclusive pages 404 to 409 inclusive of Flom,G Bf1A , COMMONERS Chapter 139 (pertaining to legal notices and advertise- LrehDO By: � Te ments) of the Session Laws of the State of Colorado for AndClerk7�E�ecarde�r nd 1923, as amended by Chapter 113, Session Laws 1931; "By;Tommie Antuna,Deputy that the annexed ivr0 t b c e 1986. DATED:February 10,19ee 4 -----------------------_----------was published in the regular daily and entire issue of said daily newspaper on ..-Llo_nay of each successive week for a period of 1 insertions; that the first publication of said __—N.ot1-G.e was in the regular daily issue of said daily newspaper dated _February 10th, 19 86 and the last publication thereof was in the daily issue of said newspaper dated Febri ary 10th19 86 IN WITNESS WHEREOF, I have hereunto set my 1i th February 19.. / 86 hand this day of `- STATE OF COLORADO, County of Morgan ( ss. Subscribed and sworn to before me, . Rube A-,_..a rnon r a Notary Public in and for the County and State afore- said by __Feria 1 is_Bp en c n-i this 11thday of Febru ryt--- A.D. 19g6. My comm. sio expires Feb. 11 th r 1989 — «L.,....41--' z Notary Public AFFIDAVIT OF PUBLICATION LONGMONT DAILY TIMES-CALL State of Colorado County of Boulder Brad E . Zimmerman do solemnly swear that the LONGMONT DAILY TIMES-CALL is a daily newspaper printed, in whole or in part, and published in PUBLIC NOTICE the City of Longmont, County of Boulder, State of Colorado, The first reading of Ordinance No.'108-A, In the and which has general circulation therein and in parts of Boulder Matter of Repealing and Re-Enacting Weld Coun- ty Ordinance No.108 and Its Amendments,Con- and Weld Counties; that said newspaper has been continuously earning the issuance of Permits for the Plowout and Cultivation of Grassland in Weld County,Gol- and uninterruptedly published for a period of more than six months «ado, was'approved by the Board of County Cahhllssionnrs of mad County. Colorado, on next prior to the first publication of the annexed legal notice February3,1916.The Wcond reading of said Or- dinance 108-A will be on February 19,1906,and of advertisement, that said newspaper has been admitted to the ! the flinal reading Will be on March 3,1986,in the Chimben of the Board of County Conimlasioners United States mails as second-class matter under the provisions '. of Weld County,Colorado,Weld County Centenni- al Center,915 10th Street, First Floor, Greeley, of the Act of March 3, 1879, or any amendments thereof, and Colorado;at the hour of 9:00 A.M.All persons in that said newspaper is a daily newspaper duly qualified for publishing - anymanner Interested-Insaid Ordinance 108-A requested to attend and will be heard. legal notices and advertisements within the meaning of the laws BE 1.1 ALSO KNOWN that said Ordinance 100-A g may be examined in the office of the Clerk to the of the State of Colorado; that copies of each number of said BWeard.ld.Of County Com anne.to YahesvreM newspaper, in which said notice or advertisement was published. Third Floor,Greeley,Colorado. -BOARD OF COUNTY COMMISSIO!/ERS were transmitted by mail or carrier to each of the subscribers WELD COUNTY,COLOMBO of said newspaper, according to the accustomed mode of business COUNTY CLERK AND RECORDER • AND CLERK TO THE BOARD in this office. BY:,Tommie Antuna;Deputy DATED: February 3,1986 That the annexed legal notice or advertisement was published ' Published in the Daily Times Call, Longmont, Cole. eb.19,1986. -_ in the regular and entire editions of said daily newspaper kliXc:X X10( ‘XeXIXXIXIteXsXrKeXtbSeXriXardiMeXk for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated February 12 19 86 and that the last publication of said notice was in , the issue of said newspaper dated ...February 12 i9 86 �. jr;fig a sh • A6XUit76D(t)eusiness Manager Subscribed and sworn to before me this 12th day of February 19 86 alvbNotary( � FEE $ 15 . 50 My Commission Expiroi October 6, 1983 717 • tai Avery!: %BUG' c, _co!40_ 1-1300-02 Ph g�(iiMM 1 l ) t I " a aa ac II .. m >' Oc`56.. = =^i m U-0 r OJ L L4 O c, is L C C '\'C.a ❑ A T O G Pc .._a=_ 1.a'co _ - cm _ � \ten cam¢ - E oEm9 mLmEE- -.5Ect Vic, ats ...fat H co :\\� O m C � -L 6° O O m r„,) M•=°"-gi L C - = E I � E U_ G 0.-ct 3 'c ° v'm t o o azs � tcLa i H � ac .G'a �� . i.7,..,„ � \.., ..] p 0 1OiiI1fflllU ii91 lirE vm �' t� o -- 4. .ti y1 C 3c `otroumemccc.smt -0.0 , a. tm.t co, t S`� _,1 a O O 71") C/ O comp c3 � c.�n{�] AoE ` xc �mE ac r m- , ; (-) 4. h 15"57, .E.-54.) - - `. G _ t.� N N P s - m C E `'O C.c 5 D lat .-4.,L `t C OOU. til a Ecoc.ono ' cmcE a . '�, m m c -_ 1 ' o -- 0 o w o c. m m ❑ m --v4 r:c O O - E c .c o - o - a.. " .� m E v .. zva . ,,, =;;; L:= o � 9 �, ' � a W T n - 'm ..9sQo cLn =z 0 : ; - 3 ' 3 = m r L� :S E Pc t, o cn c L 0 m ^ m 'O s'.. tp c Q H 3 �- m Lv90 _US � Et ` c�ca q m Ojy N C' v _ _. V_ o ,` o 0 ✓ s m= C 7 S k 5 ,- t. m s'z :. ¢ o C E C >≥ m- �1 by Cl) U _ m s3oa�ca_ ° : `oc'= 5 :: Eh° `mL _ • ,-. L ¢ vao �� i b AL-RDA ✓Iil op_. PUBLIUA TION FARMER AND MINER County of Weld ss State of Colorado • IJoseph H . Rebel do solemnly swear that THE FARMER AND MINER is a weekly newspaper which is published in the County of Weld, State of LEGAL NOTICE Colorado, and which has general circulation therein; that said .NOTICE newspaper has been published continuously and uniterruptedly in said County of Weld for aperiod of more than fifty-two consecutive The first reading of Ordinance No. Y" 10e-A, In the Matter of Repealing weeks next prior to the first publication of the annexed legal notice and Re.Enacting Weld County Ordi- s No.IOe and its Amendments, or advertisement; that said newspaper has been admitted to the Concerning thelssuancapt Permits United sates mails as second-class matter under the provisions for in°Weld and Cultivation atcelori of the Act of March 3, 1879, or any amendments thereto, and that do,was approved by the Board of County Commissioners of Weld • said newspaper is a weekly newspaper duly qualified for pub- Count coloradok on tyyuary 3, ten second reeding of said lishing legal notices and advertisements within the meaning of ordinance 101.A will be on February la, 1986, and the final the laws of the State of Colorado. readng will be on March 3,Ilea,n the Chambers of the Bearded That the annexed legal notice or advertisement was published County Commissioners of Weld week I Y County.-Colora/do,.Weld County Centennial Center,$1S IOM in the regular and entire editions of said (My newspaper once each First Floor,Greeley, Colorado,at the hour of 5:00 A.M.All persons in any m in In said week on the same day of each week for the period of one attend and willlpb are d�ested to BE IT ALSO KNOWN that said consecutive insertions; and that the first publication of said notice n Ordinance ed the office the ClA may be erk Board of County Commissi located in the Weld County Centen. was in the issue of said newspaper dated ...f..2.k.C.SI. r.Y.....13 , Mal Center, its 10th Street, Third Floor, Greeley, Colorado. 19 86 , and that the last publication of said notice was in the BOARD OF COUNTY COMMISSIONERS WELD COUNTY.COLORADO issue of said newspaper dated yry BY: MARY AK FE RECORDER COUNTY CLERK B RECORDER AND CLERK TO THE •OARD Business Manager BY:Tommie Antuna, DEPUTY DATED: February 3, ItS Subscribed and sworn to before me this day of Published in the Farmer and Miner February 13. MI6. February 19 86 My Commission Expires 3.:,4.-136 GL- jGt,,2 Notary Public FEE S 3.1300.02 AFFIDAVIT OF PUBLICATION THE JOHNSTOWNBREEZE STATE OF COLORADO ) I SS COUNTY OP WELD ) I, Clyde Briggs, do solemnly swear that I am publisher of The Johnstown Breete that the same is a weekly newspaper xon o printed, in whole or in part, and published The first reading of Ordinance. Ill the County of Weld, State of Colorado. No, 108-A, Id the Matter of. Repealing and Re-Enacting Weld and has a general circulation therein: that County Ordinance No, 108 and said newspaper has been published • Iss Amendments,oantPemtsef for d the continuously and uninterruptedly in said Gl0 Grassland sat and, Weld Cultivation ty, County of Weld for a period of more than oloro, in ro Cy the Bo 0f, was yy Cor u i by er fifty-two consecutive weeks prior to the Boardeld eountyCCd ratio on first publication of the annexed legal notice February 3. ,1988.1 The second readin108- or advertisement; that said newspaper has will beonf b uarySaiddl9, 19inance86,and been admitted to the United States Mails as the final reading will be on March second-class matter under the provisions Id 3. 1986. in the Chambers of the Board of County CoMmtssioners the Act of March :1, 1879, or all) of Weld County. Colorado. Weld County Centennial Canter. 315 • amendments thereat, and that said 10th Street First Floor. Greeley. newspaper is a weekly newspaper duly Colorado. at the hour of 9:00 A.M. All persons in any manner qualified for publishing legal notices and 08-Aa ' i 108-A ato re; este Ordinance are requested attend advertisements within the meaning of the and will be heard. laws of the Slate of Colorado. • BE Ordinance O KNOWN that said 'that the annexed legal notice Of advertioc- Ordinanc 108-A, may be examined in the office 01 the meat was published in the regular and Qom s me Booed of County entire issue of every number of said weekly loomCountyrs,Centendnial in the em 10th Centennial canter. newspaper for the period of / C0Ili0CII- 1e loth Street. Third Flooc live insertions; and that the first Greeley. Colorado. BOARD OF COUNTY publication of said notice was in the iSSUl;of_ 0OMMtB$10NER8 said newspaper dated 2—/3 A.D.l6 - -'WELD' COUNTY. and that the last publication of said notice COLORADO was in the issue of said newspaper &fled BY MARY ANN A.D. 19 FgUERSTEIN COUNTY CLERK AND In witness whereof I have hereunto set RECORDER THE CLARK TO THE BOARD my h:md-Illis g day of FC4 ' `Bv Tomttdo Antuna. ©eputy A.D. IL1 g6 /J ,DA-TED February 1'1986 l/// PUBiISHED'..Febryary 13. 1986. in the Jonestown Brea_ PUIIIHIIeI Subscribed and sworn to before me, a Notary Public in and for the County of • W4, State of Colorado),this .,/�... day of ....... Lit . 4.5 A.D. IJ �o.. a L. xt":e' Notary 1'ULbc • ;, Louth Paris Avenue nstow!\ CG 80534 'My CDfh)nlssi11 expires Affidavit of Publication STATE OF COLORADO) County of Weld) ss. Paul Massey of said County of Weld being duly sworn,say that I am publisher of La Salle Leader that the same is a weekly newspaper of general circulation was printed and published in the town of La Salle in said county and state,that the notice of adver- tisement,of which the annexed is a true copy has LEGAL NOTICE been published in said weekly newspaper for The first reading of Ordinance No. one Crimea t 108-A, In the Matter of Repealing weeks: that the notice was published in the and Re-EnaetingWeldCountyOrdi- nance No.108 add Its Amendments, regular and entire issue of every number of said Concerning the Issuance of.Permits newspaper during the period and time of publica- for the Plowout and Cultivation of tion of said notice and in the newspaper proper Grassland in Weld County;Colora- do,was approved by the Board of and not in a supplement thereof: that the first County Commissioners of Weld publication of said notice was contained in the County, second Colorado, on of y 3, issue of said newspaper bearing the date, the Ordinance io will be on 86 February 19, 1986,and the final' 11 date of web.a A.D.. 19 reading will be on March 3,D86,in the Chambers of the Baardof and the last publication thereof, in the issue of County Commissioners of Weld County, Colorado, Weld County said newspaper,bearing date.the 13 day of Centennial Center,915 10th Street, p First Floor, Greeley, Colorado, at F'el1run ry 19 u6thal the said the hour of 9:00 A.M.All persons in . any manner Interested in said Ordinance 100-A are requested to L9 Salle Leader attend and will be heard. has been published continously and uninter- BE IT ALSO KNOWN that said ruptedly during the period of at least fifty-two Ordinance loa-A.may be examined consecutive weeks next prior to the first issue in the office of the Clerk to the thereof containing saidnotice advertisement Board of County Commissioners, or located in the Weld County Centen- above referred to: and that said newspaper was nial Center,915 lath Sheet, Third at the time of each of the publications of said Floor,Greeley, Colorado. notice duly qualified for that purpose within the . . meaning of an act entitled. "An Act Concerning BOARDOF COUNTY Legal Notices, Advertisements and Publications COMMISSIONERS and the Fees of Printers and Publishers thereof, WELD COUNTY,COLORADO and to Repeal all Acts and Parts of Acts in Con- BY: MARY ANN FEUERSTEIN flict with the Provisions of this Act" approved COUNTY CLERK & RECORDER April 7. 1921. and all amendments thereof, and AND CLERK TO THE WARD particularity as amended by an act approved, BY:Tommie Antuna, March 30. 1923, and an act approved Mav 13. DEPUTY DATED February 3, f984 - /� �t Published in the La Salle Leader �{ '" �� February 13, 1986. Publisher st Subscribed and sworn to before me this J� day of 7/ )1Gt/k) A.D.. 19 13O . %'t 7a/ { ae Notary Pu ode czsigitlycifirivc-!, /(7,4S 0r)19a- 1 My commission expires /06 Af9 F. _l f 1 ', PROOF OF PUBLICA ' ION The North Weld Herald Eaton, Colorado 80615 STATE OF COLORADO, ) ss A nutsCounty of Weld ) f ate+. r:, ZYiabr Ig„n M .�� ',,,,�,�y �-'S4•v,.sxq.r yamsit �. u 1 (r , do solemnly swear that I am u f THE NORTH WELD HERALD; that the s e is a wee ly newspaper printed, in whole or in part, and Ira published in the County of Weld, State of Colorado, and has a general circulation therein; and that said newspaper has *TM been published continuously and uninterruptedly in said ABEITAMAO . iaarre, County of Weld for a period of more than fifty-two con- tis t11 secutive weeks next prior to the first publication of the mess rn,.-11la annexed legal notice or advertisement; that said newspaper 71 Color�so.w33n.1. ii ra has been admitted to the United States mails as second- o°' conowastais class matter under the provision of the Act of March 3, 1879 wancepritcoLoomm or any amendments thereof, and that said newspaper is a 1G weekly newspaper duly qualified for publishing legal ASO T IlYi notices and advertisements within the meaning of the laws MTED.F 3,1 - of the State of Colorado. MISS In� "thW' ° 13.17!6..That the annexed legal notice or advertisement was published in the regular and entire issue of every ryumber of said weekly newspaper for the period of 07U) CO consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated ` -2.b/1aat ' /3 A.D., 19 Xto , and that the last publication&y�said�� notice was in the issue of said publication dated VGlJ. 13 A.D., 19 t(q ii witness whereof I h v hereunto set my hand this day of A.D., 1914. HdoilAuica €rJ+Fer-- Subscribed and sworn to before me, a notary public in and fo the County of Weld, State of Colorado, this /77 day of Fr/3/<'/r.F' 7 A.D., 19 6.C. Notary Public <>,) ,2 3 /L-, 57' /:-77-6 ,, (20 1'dG My Commission Expires Oct. 19, 1986 (/' f Affidavit of publication STATE OF COLORADO COUNTY/� / �OpF ^W/ELD Zc�a/d�L/YlLI��P±— being duly sworn, says that he/she Is publisher of the Platte Valley VOICE., a weekly newspaper published and printed In Kersey In said County and State; that said newspaper has a general circulation In said County and has been continuously and unin- NOTICE terruptedly published therein, during a period of at least The first reodin of Ordinance No. 108-A, In Mt R In yy fifty-two consecutive weeks and tt seEnor o lad! prior to the first publication of noncoropo00 00,the annexed notice; that said for the ►g thislowou a tin e1 newspaper Is a newspaper with- GrouladinW elepitdo, in the meaning of the act of the Ned;,eppr` ' owl of General Assembly of the State County Comm f. Weld of Colorado, entitled •"An Act to County, Colorado, Throws 3, regulate the printing of legal IOCordinance The whored r tt of said ,196 10W11M reading notices and advertisements," 19,1986,and the reading will and amendments thereto; that be gk March g6„ in the the notice of which the annexed Commissionei Chomb•r.ePMe,J '.ot County Is a printed copy taken from o id Counry, Colored., Weld C u ty Centennial said newspaper, was published Cater,91S 1818 dint floor,' in said newspaper, and In the Oreeley,-Coldiid title hue of 1 9 AO A.M.All persons in any m anner regular and entire issue of interested In�lditThOOp�lndnce 108-A 1 • every number thereof, once a ate requested to attldd and will be heard. . week for cMg-- successive BE IT ALSO KNOWN ,`Mat said weeks; that said notice was so Ordinance 108-A may be examined in the office of the Cantmmi to the published In said newspaper Board of CountyCemmksionen, proper and not In any supple- located in the Weld County Centen- ment thereof, and that the first -niaor eater, 915 IOM:Street, Third publication of said notice as floor;Greeley,ColoNda: ;ry . BOARDOF /3 COUNTY COMMISSIONERS aforesaid, was on the ----- WELD COUNTY,C010R*D0 day of —±±61---, IU c/ BY,MARY ANN FIUERSTIN COUNTY CLERK AtialcOKAeR AND CLERK TO-1.1 BO o and the last on the --- day of BY,Tgmai•41.800,HMO.:_ DATED, February.4188 18--. ►ublished in the"`$kilo Wileys' VOICE,Kersey Colorado,Thurtdey, � sC February 13, 1986 Subscribed and sworn to before me this —v-- day of --uti 19—Lr-. l72 3o1 ) ti�v eo go w1 Affidavit of Publication STATE OF COLORADO) County of Weld) ss. I Paul Massey of said County of Weld being duly sworn,say that I am publisher of Platteville Herald that the same is a weekly newspaper of general circulation was printed and published In the own of Platteville In said county and state:that the notice of adver- tisement,of which the annexed is a true copy has been published in said weekly newspaper for one caif9e'CtYtiq: weeks: that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publica- tion of said notice and in the newspaper proper - -..„ and not in a supplement thereof: that the first publication of said notice was contained in the issue issue of said newspaper bearing the date. the 13 dale of Feb. A.D.. 19 86 The 10 UERSTEIN 0--A,rIn The MSNer of Repealing COUNTY CLERK readied of&Maine NO. BY:MARY ANN &RECORDER and Ro•EnaNl yya�d troaAtin -AND CLERK:TO THE "AR and the last publication date,e the in the issue of nanp*M.104. &It1MitM _ BY:Tomtit;Antuna, said newspaper,bearing 13 day of f onterning me Issuaneeof Permits ,� a An uTY for the nd tiiout and Cultivation of DATR07tebruary J,, D Grassland I11�We1Ff.MInWCs%er; PYblfahad in Me Platteville Herald February . 1986tha[the said - do,was aommislo 1ho Boa rd of Ceumy C proved io W Wald _Febuary 1J, 1906. Platteville Herald County, Colorado, el S, — 1966. The second reading of said has been published continously and uninter- Ordinance 108-A will be on ruptFebruary 19, 1166,and the final a during the period of least fifty-two reading will bean March L 1986,in cons ecutive to tive weeks next prior the first issue the Chambers of the Boardot thereof containing said notice or advertisement County Commissioners of Weld County, Colorado, Weld County above referred to: and that said newspaper Centennial-Center,915 10th Street, at the time of each of the said publications of said First Floor, Greeley, Colorado,at notice duly qualified for that purpose within the the hour of 9:00 A.M.All oerstnsbl meaning of an act entitled, "An Act Concerning aannymanee r ineerested in to id Legal Notices. Advertisements and Publications *Rend and will be heard. and the Fees of Printers and Publishers thereof, ; and to Repeal all Acts and Parts of Acts in Con- BE Ordinance IT A1LSO KNOWN Mmay OWN tha•sat said aid flict with the Provisions of this Act" approved in the office of the Clerk tom the April 7. 1921, and all amendments thereof, and Board of County Commissioners, particularily as amended by an act approved, located in Me W lmhCunCaton- MarchT 30. 1923, and an act/ approved May 13, Floor,allwal, 10th Sto. /J�/� q BOARDOF COUNTY 19 7 "}�/� COMMISSIONERS �-- Publisher WELD COUNTY,COLORADO Subscribed aand sworn to bete) c me this N.-, day of 171")/VIAL A.D., 19 O (J id '' kkitai 1712 7i I i/ // t Notary 1 bile Wit/ fv?t o`S�.cr�JTCNh, et gD6.44 My commission expires 11/1,5)99 • No.BSA, aMott. sad Ithesesthli A wr the Dolmatadaxa� AFFIDAVIT OF PUBLICATION a�AM Co�'Colorado, edd la richer of Wad County Paanaryl!,1q06.Dm socemS mat STATE OF COLORADO I bahs ma will he va as. I me mdradlnt 'e 0h l'OUNTY OF WELD the CharSsro d th rind e •o Weld Cuure Weld Wald County Caatennla meat, Drat. Floor. I, .:(—JL it/II/lC?c....LLGL elz, of said County of aNha._Mlammatil. '� Weld, being duly sworn, say that f am office manager r. A are requested to attend and of 'yf ALSO KNOWN that aatd TIIE WINDSOR DEACON, INC. # A may be examined In the orrice make Rebid of CouatyCem a weekly newspaper having a general circulation In tea in the Weld Counity C said County and State, published in the town of ,9151ot'Street,Third Yfooy ,;LL WINDSOR, In Bald County and State: and that the t�np notice, of which the annexed is a true copy, has beet. W ilbi CAMS Dyads,'An ty Oath published in said weekly for .. /....... successive and Cleats the weeks, that the notice was published In the regular and entire Issue of every number of the papere during p t TanisA■uar!°Pt' the period and time of publication, and in the news- Dared,Febeaary 3,IRO proper and not In a supplement, and that the Published m the Windex Beacon February first publication of said notice was In said paper bear- t3,WM. mg the date of the :_,/. day of� d'L(.ar.C; , A.D., 18...�,.�. and the last publication bearl4the date of the _............... day of , A.D., IB.. and that the said "WINDSOR BEACON" has been published continuously and uninterruptedly for the period of 52 consecutive weeks, In said County and State, prior to the date of first publication of said notice, and the snme is a newspaper within the mean- ing of nn Act to regulate printing of legal notices and advertisements, approved May 18, 1831, and all prior mho so fur To. In forte, G c� F C..MANAGER ' OF. /f/ANAG CZ-iSubscribed and sworn to before me this SL ...... riay CI z orn Y UTILIC My crnumisalon, pxFir-roe on-rkrirres-Sept..28,-1987 19 Main St.. Windsor, GO 80550 Y ,r •10 ti Hello