HomeMy WebLinkAbout951107.tiffAR2446189
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WHEREAS, on March 3, 1986, said Board repealed and reenacted said Ordinance No. 108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County, Colorado, that Weld County Ordinance No. 108-A be, and hereby is, repealed as of the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.
LC ; Pt; IX; 69
2446189 B-1501 P-40 07/12/95 02:15P PG 1 OF 2 REC D0C
Weld County CO Clerk & Recorder 0.00
951107
ORD108
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 10th day of July, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
puty Cle 3o the Board
APPROVED AS TO FORM:
unty Attorne
LD COUNTY, CALODO
W. H.
ebster
/Geor e E'axter
Constance L. Harbert
A.7
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
2446189 B-1501 P-40 07/12/95 02:15P PG 2 OF 2
951107
ORD108
JUL.- 6-95 F R I 13:09 1
P- 01
470 Clayton Street
Denver, Colorado 80206
July 6, 1995
Board of County Commissioners
Weld County
P.O. Box 758
Greeley, Colorado 80632
Dear County Conunissioners: -
I am writing as a private citizen and frequent visitor to the Pawnee Grasslands to urge you
not to repeal County Ordinance 108-B (revised from 108-A), regarding the plowout and cultivation
of grasslands, at your meeting on July 10.
About 20 years ago I spent a week at the Audubon Society's Grassland Institute, based at
Crow Valley Campground on the Pawnee. From that week-long seminar, and from my own
observations, I have become painfully aware of the history of human uses of the grasslands.
Extensive plowouts in the early 20th century were followed by the dustbowl of the I930's; more
recently, Canadian investors plowed up large tracts of prairie in the early 1980's, only to seethe
soil blow when we had a dry spring, The phenomenon of dry spring weather and strong winds will
certainly be repeated, and we ought to be prepared for it.
I don't mean to fault local farmers and ranchers. The problem in the early eighties was
caused by foreign (Canadian) investors who were attracted by good wheat prices and subsidies.
There will probably always be outside investors like this who do not know how erodable our soils
are - a big rands in Lincoln and Crowley counties was recently bought by a Missouri investment
firm, for example. There is a definite need for County regulation of plowouts, at the least to
educate people who move in from elsewhere.
Ordinance 108-B will also help maintain the prairie landscape that is proving to bo so
attractive to tourists. The Pawnee Grassland is now one of the country's birding hotspotsl The
recent completion of the Pawnee Pioneer Trails Byway (described in the Denver Post Weekend
Section on June 16) will attract even more people, and it makes sense to maintain the landscape
that brings these folks to Weld County.
The current regulations on plowing up grassland are quite reasonable, not burdensome,
and provide a modicum of protection to the soils of Weld County. The economic, social, and
environmental health of the County depend in large part on wise management of the soils resource.
If the soil blows, the whole county will suffer. Current ordinance 108-B will perpetuate this wise
management. I urge you to retain it.
Sincerely,
Pauline P. Reda CJ
Denver resident
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6920764951107
ORDINANCE NO. 100-0
IN THE MATTER OF
REPEALING WELD COUN-
TY ORDINANCE NO.
108-A, CONCERNING THE
ISSUANCE OF PERMITS
FOR THE PLOWOUT AND
CULTIVATION OF GRASS-
LAND IN WELD COUNTY,
COLORADO
BE IT ORDAINED BY THE
BOARD OF COUNTY COM-
MISSIONERS 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
Chaser, 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.
106, 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 pass-
ing Weld County Ordinance
No. 108—A, and said
Ordinance became effective
March 11, 1986, and
WHEREAS, on May 24,
1995, said Board heard testi-
mony and considered letters
from those persons affected
by said Ordinance No.
106—A, which overwhelming-
ly 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. sect.,
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 d this Ordinance.
BE IT FURTHER
ORDAINED by said Board
that the following rules shall
apply regarding all permits
Issued pursuant to the provi-
SlmW of Ordinances No. 106
or.Nd109-A'
1. The -repeal of Ordnance
NO. 108-A shall not absolve
pomades of the duty of
cornpying with the terms and
conditions of soil conserva-
tion plans which the permit -
tees received tram local soil
conservation districts as a
condition of their permits.
2. The repeal of Ordinance
No. 108-A shell not entitle
any permatees who previ-
ously paid application fees
for permits Issued pursuant
to Ordinances No. 106 or No.
106-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 forth-
with be released by the Weld
County Clerk to the Board.
BE IT FURTHER
ORDAINED by the Board, a
any section, subsection,
paragraph, sentence, clause,
or phrase of this 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
fact that any one 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-B
was, on motion duly made
and seconded, adopted by
the following vote on the 10th
day of July, AD., 1995.
BOARD OF COUNTY COM-
MISSIONERS
WELD COUNTY, COL-
ORADO
Dale K. Hall, Chairman
Barbara J. Kirkmeyer,
Pro—Tem
George E. Baxter
Ca islance L. Harbert
W. H. Webster
ATTEST Donald D. Warden
Weld County Clerk to the
Board
BY:Shely K. Miller
Deputy Clerk to the Board
APPROVED AS TO FORM:
Bruce T. Barker
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: July 10, 1995
Publication: July 13, 1995, in
the Windsor Beacon
Effective. July IS, INS
Published H the Windsor
Beacon en July 16,1996.
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 _
/3'tt: day of -,a,, A.D., 19 ill and the
last publication iring/the date of the
_day of A.D., 19_ and that
the said WINDSOR BEACON has been published
continuously and uninterruptedly for the e.oriod of 5
consecutive weeks, in said County and State, pric; to the
date of first publication of said notice Err! the same is a
newspaper within the meaning of an Act is regulate printing
of legal notices and advertisements, approved May 18,
1931, and
all prior acts so far as in force.
:/ ISHER
Subs7ed and sworn to before me this /7 day of
I 19�(-
f' 1
1 n / >G Li>L>YUd
NOTARY PUBLIC
My commission expires
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