HomeMy WebLinkAbout911806.tiff AR2245331
ORDINANCE N0. 164
RE: AN ORDINANCE ESTABLISHING A SURCHARGE TO COVER THE ACTUAL AND NECESSARY
COSTS OF FINANCING SOLID WASTE MANAGEMENT IN WELD COUNTY, AND ESTABLISHING
A WELD COUNTY SOLID WASTES DISPOSAL SITES AND FACILITIES FUND.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO:
Section 1
There is, hereby, established a Weld County Solid Wastes Disposal Sites and
Facilities Fund pursuant to the provisions of C.R.S. , Section 30-20-115, and
Article XVI, Section 16-11, of the Home Rule Charter for Weld County, Colorado.
Said fund shall be administered by the Weld County Treasurer pursuant to law.
Section 2
There is, hereby, established a surcharge in the amount of five percent
(52) to be added to all disposal fees received by any operator operating a solid
waste disposal site and facility or transfer station within Weld County,
Colorado, including areas within corporate limits of municipalities. "Solid
waste disposal site and facility" shall mean any facility which is required,
pursuant to applicable provisions of state law, to obtain a Certificate of
Designation from the Weld County Board of County Commissioners or approval by a
city, city or county, or town (collectively known as "municipalities") prior to
its operation.
Section 3
It shall be the duty of any operator of any solid wastes disposal site and
facility in Weld County, Colorado, to collect said surcharge at the time dumping
fees are collected for disposal and to remit the same to the Weld County
Treasurer on or before the 20th day of the month following the month in which
said surcharge is collected. Failure to timely pay may result in imposition of
a late charge of one and one-half percent (1 1/2%) simple interest per month on
the late payment amount.
Section 4
Should the solid waste site and facility be one at which no disposal fee
is collected for the reason that the facility serves an individual user, the fee
shall be computed based upon the cost within the market for similar disposal
services.
B 1294 REC 02245331 03/28/91 12: 22 X0. 00 1/003
F 0745 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
911006
ems- I CoCL
Page 2
RE: ORDINANCE 164
Section 5
The surcharge contemplated by this Ordinance shall be deposited in the Weld
County Solid Wastes Disposal Sites and Facilities Fund to be used for the
purposes of financing any operations conducted by Weld County with respect to
solid waste disposal including, but not limited to, costs of health inspections;
removal of litter and debris from roadsides; establishment, construction, and
maintenance of roads providing access to solid waste sites and facilities and
transfer stations within Weld County; financing the landfill management program,
equalizing costs for transfer sites in Weld County, Colorado; capital outlay
associated with a transfer site system; insurance costs; Weld County staff
support costs; financing the requirements for compliance with the Resource
Conservation Recovery Act; costs of designation of future site locations; and
remedying environmental problems created by past and future solid waste sites and
facilities and other solid waste disposal sites.
Section 6
All operators of solid waste disposal sites and facilities in Weld County,
Colorado, shall make available to the Board of County Commissioners of Weld
County, Colorado, or their designated agents, all books of account of said
operator of solid waste disposal sites and facilities for auditing purposes to
ensure compliance by said operators of solid waste disposal sites in Weld County,
Colorado, with the provisions of this Ordinance.
Section 7
If any section, subsection, paragraph, sentence, clause or phrase of this
Ordinance is, for any reason, held or decided to be invalid or unconstitutional,
such decisions shall not affect the validity of the remaining portions. The
Board of County Commissioners of Weld County, Colorado, hereby declares that it
would have passed this Ordinance and each and every section, subsection,
paragraph, sentence, clause and phrase thereof irrespective of the fact that any
one or more sections, subsections, paragraphs, sentences, clauses, or phrases
might be declared to be unconstitutional or invalid.
Section 8
This Ordinance shall repeal and supersede any inconsistent provisions of
Weld County Ordinance Numbers 53 and 124, except to the extent that any operators
subject to Ordinance Numbers 53 and 124 are not relieved of their obligation
thereunder to make payments. Further, it is the intent of the Board of County
Commissioners that this Ordinance be no less broad in scope than Ordinance
Numbers 53 and 124 combined.
B 1294 REC 02245331 03/28/91 12: 22 50. 00 2/003
F 0746 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 3
RE: ORDINANCE 164
Section 9
No portion of this Ordinance is intended to create any cause of action
against the Board of County Commissioners or its officers or employees nor is it
intended to create a waiver of any privileges or immunities held by the Board of
County Commissioners or its officers or employees.
Section 10
This Ordinance shall take effect pursuant to Section 3-14(2) of the Weld
County Home Rule Charter.
The above+fit ioregoing Ordinance No. 164 was passed, approved, and adopted
this 25th day=of Match, 1991.
BOARD OF COUNTY COMMISSIONERS
ATTESTI-44. r , WELD COUN Y LORADO
Weld CoufitY Clerk to the Board
Gor n a , airman
By: Deputy t-1(
-k
D i to the Board a--•
eo Kenn dy, Pro-Tem
APPROVED S TO FORM:
Constance L. Har ert L
County Attorney
C. W. Kirby'A"`/7,
bin it()
W. H. Webster
First Reading: February 27, 1991
Published: February 28, 1991
Second Reading: March 11, 1991
Published: March 14, 1991
Final Reading: March 25, 1991
Published: March 28, 1991
Effective Date: April 3, 1991
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F 0747 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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STATE OF COLORADO ) o- .
COUNTY OF WELD )
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David B. Reynolds, being duly sworn , ',`
says that he is publisher of lip,theiiiii, '.
The New News, a weekly newspaper L
published in Keenesburg in said County A r
and State; that said newspaper has a _a t.
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general circulation in said County "li ,
and has been continously and
uninterruptedly published therein,
during a period of at leastl
fifty-two consecutive weeks prior to «« y -^ 11
the first publication of the annexed 4_ ,,Y s .
notice; that said newspaper is a
newspaper within the meaning of the _ B
act of the General Assembly of the #
State of Colorado,• entitled "An Act .
to regulate the printing of legal , d .Y�.'
notices and advertisements, " and 1 ` :
amendments thereto; that the notice CJIC _ s #C ` `.- •, k
of which the annexed is a printed
copy taken from said newspaper, was a _
published in said newspaper, and in I � . d
the regular and entire issue of » < `
every number thereof , � � L
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once -. week for
sorerwecive mss; that said notice
was so published in said newspaper
proper and not in any supplement qa ' Ca M
thereof , and that the first pymrtlmaM_ �J
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publication of said notice as " a� .a.
aforesaid, was on the 'r g ria m
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