HomeMy WebLinkAbout951474.tiffORDINANCE 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WHEREAS, on March 3, 1986, said Board repealed and reenacted said Ordinance No. 108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County, Colorado, that Weld County Ordinance No. 108-A be, and hereby is, repealed as of the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.
951474
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:
Dale K. Hall, Chairman
Weld County Clerk to the Board
Barbara J. Kirkmeyer, Pro -Tern
BY.
Deputy Clerk to the Board
George E. Baxter
APPROVED AS TO FORM:
Constance L. Harbert
County Attorney
W. H. Webster
First Reading: June 7, 1995
Publication: June 15, 1995, in the
Second Reading: June 26, 1995
Publication: June 29, 1995, in the
Final Reading: July 10, 1995
Publication: July 13, 1995, in the
Effective: July 18, 1995
Windsor Beacon
Windsor Beacon
Windsor Beacon
951107
ORD#108
IN THE MATTER OF REPEAL-
ING WELD COUNTY ORDI-
NANCE NO. 106-A,CON-
CERNING THE ISSUANCE OF
PERMITS FOR THE
PLOWOUT AND CULTIVATION
OF GRASSLAND IN WELD
COUNTY, COLORADO
BE IT ORDAINED BY THE
BOARD OF COUNTY COM-
MISSIONERS OF THE COUN-
TY Of WELD, STATE OF COL-
ORADO:
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 administer-
ing 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
plawoul and cullvagon of grass-
land in Weld County, Colorado,
and said Ordinance became
effective on that date. and
WHEREAS, on March 3. 1986.
said Board repealed and reen-
acted said OJdinarce No. 106
by passing Weld County
Ordinance No. 108-A, and said
Ordinance became effective
March 11, 1988, and
WHEREAS, on May 20, 1995,
said Board heard testmony 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 trough changes
in Federal programs and the
County's enforcement of the
Colorado Dust Bluwtng Act
found at §§35-72-101, et nor.,
C.R.S , and
WHEREAS, said Board now!
wishes to repeal said Ordinance
No. 108-A.
NOW, THEREFORE, BE fT
ORDAINED by the Board of
County Commissioners of Weld
Couny, Colorado, that Weld
County Ordinance No. 108-A
be, and hereby b, repealed as
of the effective date of this
Ordinance.
BE IT FURTHER ORDAINED
by said Board that the rowing
rules shall apply regarding ell
permits eased pursuant to the
provisions of Ordinances No.
108 or No. 108-k
1. Tr reed of Ordinance No.
108-A shall not absolve permit-
ter of to duty of complying
Si le harms end conditions of
soil conservation plans which
the permitter received from
local soil conservation districts
as s condition of their permits.
2. The repeal of Orseww No.
106-A shall not arta eny posh
rintim who previoualy par
application fees for permits
lard pursuant to Ordinances
No.106 or No. 106-Ato refunds
of said Ma
3. AA collateral now held by
Weld County tae condition of per-
mits issued pursuant to
Ordinance 108-AMalfortwrim
be released by the Weld County
Clrkb the Brut.
BE It FURTsER ORDAINED
by be Board, If any section,
subsection, paragraph. sen-
tence, clause, or phrase of IS
Ordinance is for any reason held
or decided to be unconstitution-
al, such decision shall not sect
the vedity of the rrnaaWq pot.
tons hereof. The Board of
County Commissioners hereby
declares that it would have
enacted the Ordinance in each
and every swoon, subsection,
paragraph, sentence, clause,
and phase thereof Yreepecave
e tom that any one or more
eeolore, subsections, pare -
Warr sentences. clauses, or
phuae might be declared to be
uemrWYMM or invalid.
The above and foregoing
Ordinance Number 108-B was,
on motion duly made and sec-
onded, adapted by the Wham
vote on to ' day of
1995.
BOARD OF COUNTY COM-
MISSIONERS
WELD COUNTY, COLORADO
' Dale K. Hat Chairman
Barbara J. Rilmeyr, Pro -Tern
George E. Baxter
Constance L. Herbal
W. H. Webster
ATTEST:
Weld Canty Clerk to the Board
BY: Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
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: Juty 10, 1995
Publication: July 13, 1995, in
the Windsor Beacon
Effective: Jul 18, 1995
Published M tee Windsor
Bseaee ea An IB,1995.
AFFIDAVIT OF PUBLICATION
STATE OF COLORADO
COUNTY OF WELD
I, ROGER A. LIPKER, of said County of Weld, being duty
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 wee*
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
`day of A.D„ 19 9C and the
last publication' aring the dale of the
day of A.D., 19_ and that
the said WINDSOR BEACON has been published
continuously and uninterruptedly for tine c.riod of $
consecutive weeks, in said County and State, prier to the
date of first publication of said notice a.' the lame is a
newspaper within the meaning of an Act Ic regulate printing
of legal notices and advertisements, approved May 1Q,
1931, and all prior acts so far as in force.
PUBLISHER
Subscribed and sworn to before me this .29 ' day of
19 9
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NOTARY PUBLIC
My commission expires
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