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ORDINANCE NO. 108-B
IN THE MATTER OF REPEALING WELD COUNTY ORDINANCE NO. 108-A, CONCERNING
THE ISSUANCE OF PERMITS FOR THE PLOWOUT AND CULTIVATION OF GRASSLAND IN
WELD COUNTY, COLORADO
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS, on May 19, 1982, said Board passed Weld County Ordinance No. 108,
concerning the issuance of permits for the plowout and cultivation of grassland in Weld County,
Colorado, and said Ordinance became effective on that date, and
WHEREAS, on March 3, 1986, said Board repealed and reenacted said Ordinance No. 108
by passing Weld County Ordinance No. 108-A, and said Ordinance became effective
March 11, 1986, and
WHEREAS, on May 24, 1995, said Board heard testimony and considered letters from
those persons affected by said Ordinance No. 108-A, which overwhelmingly asked for the repeal
of said Ordinance, because of the opinion that the provisions of said Ordinance have in large part
become unnecessary through changes in Federal programs and the County's enforcement of the
Colorado Dust Blowing Act, found at §§35-72-101, et. seq., C.R.S., and
WHEREAS, said Board now wishes to repeal said Ordinance No. 108-A.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld
County, Colorado, that Weld County Ordinance No. 108-A be, and hereby is, repealed as of the
effective date of this Ordinance.
BE IT FURTHER ORDAINED by said Board that the following rules shall apply regarding
all permits issued pursuant to the provisions of Ordinances No. 108 or No. 108-A:
1. The repeal of Ordinance No. 108-A shall not absolve permittees of the duty of
complying with the terms and conditions of soil conservation plans which the
permittees received from local soil conservation districts as a condition of their
permits.
2. The repeal of Ordinance No. 108-A shall not entitle any permittees who previously
paid application fees for permits issued pursuant to Ordinances No. 108 or
No. 108-A to refunds of said fees.
3. All collateral now held by Weld County as condition of permits issued pursuant to
Ordinance 108-A shall forthwith be released by the Weld County Clerk to the Board.
951372
ORD#108
RE: ORDINANCE #108-B
PAGE 2
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in 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.
The above and foregoing Ordinance Number 108-B was, on motion duly made and
seconded, adopted by the following vote on the * day of *, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
Dale K. Hall, Chairman
Barbara J. Kirkmeyer, Pro-Tem
George E. Baxter
Constance L. Harbert
W. H. Webster
First Reading: June 7, 1995
Publication: June 15, 1995, in the Windsor Beacon
Second Reading: June 26, 1995
Publication: June 29, 1995, in the Windsor Beacon
Final Reading: July 10, 1995
Publication: July 13, 1995, in the Windsor Beacon
Effective: July 18, 1995
951107
ORD#108
GRGNANC E Ia.gty.B
IN THE MATTER OF
REPEALING WELD COUN-
TY ORDINANCE NO. 1011-A,
CONCERNING THE
ISSUANCE OF PERMITS
FOR THE PLOWOUT AND
CULTIVATION OF LAGg, letWELD .COUNTY
.
LOISADO
BE R ORDAINED BY THE
BOARD OF COUNTY
COMMISSIONERS OF THE
COUNTY OF WELD, STATE
OF COLORADO:
WHEREAS, the Board of
County Commissioners of
the County of Weld, State of
Colorado pursuant to
Colorado statute and Weld
County Home Rule Charter,
le vested with the authority of
administering the affairs of
Weld County. Colorado. and
WHEREAS, on May 19,
1982. said Board passed
Weld County Ordinance No.
108, concerning the
issuance of permits for the
plowout and cultivation of
grassland in Weld County,
Colorado, and said
Ordinance became effective
on that date, and
WHEREAS, on March 3,
1988, said Board repealed
and reenacted said
Ordinance No. 108 by pass-
ing Weld County Ordinance
No. 108-A, and said
Ordinance became effective
March 11. 1986, and
WHEREAS, on May 24,
1995. said Beard heard testi-
mony and considered letters
from those persons affected
by said Ordinance No. 108-
A, which overwhelmingly
asked for the repeal of said
Ordinance, because of the
opinion that the provisions of
said Ordinance have in large
part become unnecessary
through changes in Federal
programs and the County's
enforcement of the Colorado
Dust Blowing Act, found at
§35-T2-101, et. seq., C.R.S.,
and
WHEREAS, said Board now
wishes to repeal said
Ordinance No. 108-A.
NOW, THEREFORE, BE IT
ORDAINED by the Board of
County Commissioners of
Weld County, Colorado, that
Weld County Ordinance No.
106-A be, and hereby is.
repealed as of the effective
date of this ordinance.
BE IT FURTHER
ORDAINED by said Board
that the following rules shall
apply regarding all permits
issued pursuant to the provi-
sions of Ordinances No. 108
or No. 109-A:
1. The repeal of Ordinance
No. 108-A shall not absolve
permittees of the duty of
complying with the terms and
conditions of soil conserva-
tion plans which the permit -
tees received from local soil
conservation districts as a
condition of their permits,
2. The repeal of Ordinance
No. 108-A shall not entitle
any permittees who previ-
ously paid application fees
for permits issued pursuant
to Ordinance No. 108 or No.
108-A to refund of said fees.
3. All collateral now held by
Weld County as condition of
permits issued pursuant to
Ordinance 108-A shall forth-
with be released by the Weld
County Clerk to the Board.
BE IT FURTHER
ORDAINED by the Board, if
any section, subsection,
paragraph, sentence, clause,
or phrase of the Ordinance is
for any reason held or decid-
ed to be unconstitutional,
such decision shall not affect
the validity of the remaining
portions hereof. The Board of
County Commissioners
hereby declares that It would
have enacted this Ordinance
in each and every section,
subsection, paragraph. Sen-
tence, clause, and phrase
thereof irrespective of the
fad that anyone or more
sections, subsections, para-
graphs, sentences, clauses,
or phrases might be declared
to be unconstitutional or
invalid.
The above and foregoing
Ordinance Number 108-8
was, on motion duly made
and seconded, adopted by
the following vote on the •
day of AD., 1995.
Board of
Commissioners
WeldCguntsgdylorado
Dale K. Hap, Chairman
BeWara J. Kirkmeyer, Pro-
Tem
George E. Baxter
Constance L Harbert
W.H. Webster
County
Attest: Weld County Clerk to
the Board
By: Deputy Clerk to the
Board
Approved as to Form:
-
County Attorney
First Reading: June T, 1995
Publication: June 15, 1995,
in the Windsor Beacon
Second Reading: June 26,
1995
Publication: June 19, 1995,
in the Windsor Beacon
Final Reading: July 10, 1995
Publication: July 13, 1995, in
the Windsor Beacon
e: July 18, 1995
Published in the Windsor
Basses on Jura 15.1995.
AFFIDAVIT OF PUBLICATION
STATE OF COLORADO
COUNTY OF WELD
I, ROGER A. LIPKER, of said County of Weld, being duly
sworn, say that I am publisher of
WINDSOR BEACON
SS
a weekly newspaper having a general circulation in said
County and State. published in the town of WINDSOR, in
said County and State; and that the notice, of which the
annexed is a true copy, has been published in said weekly
for / successive weeks, that the notice was
published in the regular and entire issue of every number of
the paper during the period and time of publication, and in
the newspaper proper and not in a supplement, and that
the first publication of said notice was in said paper bearing
the date of the
/12Lday of A.D., 19 9 s and the
last publication bearing the dale of the
day of A.D., 19_ and that
the said WINDSOR BEACON has been published
continuously and uninterruptedly for the z.=riod of 5
consecutive weeks, in said County and State, pric.; to the
date of first publication of said notice a•ni the same is a
newspaper within the meaning of an Act is regulate printing
of legal notices and advertisements, approved May 18,
1931, and ail prior acts so far as in force.
�JBCISHER
Subscribed and sworn to before me this '7 `° ` day of
,195
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NOTARY PUBLIC
My commission expires
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