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ORDINANCE NO. 180-A
IN THE MATTER OF AMENDMENTS TO WELD COUNTY ORDINANCE NO. 180, REGARDING
PUBLIC WORKS POLICIES
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 December 6, 1994, the Board of County Commissioners enacted Weld
County Ordinance No. 180, regarding Public Works policies, and
WHEREAS, the Board of County Commissioners now desires to amend said Ordinance
No. 180 as follows and to incorporate said amendments into the Weld County Administrative
Manual.
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of the
County of Weld, State of Colorado, that the following amendments are made to Weld County
Ordinance No. 180, regarding Public Works policies.
AMEND Section 7.4 of said Ordinance No. 180 by striking said section in its entirety and
substituting the following:
7.4 REPLACEMENT
7.4.1 In the event any cattle guard located upon any Weld County Road is
deemed by Weld County to be beyond repair, the cattle guard shall be
replaced. Weld County shall pay for the entire cost of said replacement.
7.4.2 Any person(s) requesting the replacement of the cattle guard will provide
written acknowledgment that the person(s) so requesting will conform to the
provisions of the Weld County Policy for cattle guards on Weld County
Roads. Said replacement shall be done in accordance with Weld County
specifications for cattle guard installations. The entire cost of said
replacement shall be paid for by the person(s) making the request for
replacement.
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Weld County CO Clerk & Recorder
REC
0.00
950787
ORD180A
RE: ORDINANCE #180-A
PAGE 2
ADD the following section to said Ordinance No. 180:
22.0 OBSTRUCTIONS LOCATED WITHIN WELD COUNTY ROAD
RIGHTS -OF -WAY
Weld County reserves the right to maintain its road rights -of -way without
obstructions located thereon. "Obstructions" include, but are not limited to,
fences, trash cans, gates, and irrigation structures, regardless of whether
or not they are physically located on the travelled portion. Obstructions shall
be removed from the county road rights -of -way upon request by the Weld
County Public Works Department. The total expense of the removal of any
obstruction from a county road right-of-way will be paid by the person(s) who
installed the obstruction, or by the person(s) exercising ownership or control
over the obstruction. In the event such person(s) do not remove the
obstruction as requested, Weld County will remove the obstruction and bill
the person(s) responsible for the obstruction for any expenses incurred in
its removal. This section shall not alter any rights, responsibilities, and/or
penalties regarding the act of obstructing highways as set forth in Sections
18-9-107 and 43-5-301, C.R.S.
RENUMBER Sections 22.0, entitled "APPENDICES," to Section 23.0.
BE IT FURTHER ORDAINED by the Board of County Commissioners that the amendments
set forth herein shall be incorporated into the Public Works policies as they are set forth in the Weld
County Administrative Manual.
BE IT FURTHER ORDAINED by the Board that no portion of this Ordinance No. 180-A shall
be deemed to have given rise a duty or care on the part of the County of Weld, State of Colorado,
or its public employees, as defined in Section 24-10-103(4), C.R.S., or none that otherwise existed,
nor shall any portion of this Ordinance No. 180-A be deemed to constitute a waiver of sovereign
immunity by the County of Weld, State of Colorado, or its public employees.
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.
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950787
ORD180A
RE: ORDINANCE #180-A
PAGE 3
The above and foregoing Ordinance Number 180-A was, on motion duly made and
seconded, adopted by the following vote on the 31st day of May, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
D COUNTY .QOLQRADO
dnty Clerk to the Board
eputy Clerk to t T Board
APP' • ! AS TO FORM:
unty ° orne
Dale K. Hall, Chairman
arbar . Kirkmeye ,fro-Te
1
!George
Baxter
Constance L. Harbert
My/ 40-eipt
W. H. Webster
First Reading: April 26, 1995
Publication: May 4, 1995, in the Windsor Beacon
Second Reading: May 15, 1995
Publication: May 18, 1995, in the Windsor Beacon
Final Reading: May 31, 1995
Publication: June 8, 1995, in the Windsor Beacon
Effective: June 13, 1995
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950787
ORD180A
ORDINANCE NO 180-A
IN THE MATTER OF
AMENDMENTS TO WELD
COUNTY ORDINANCE NO.
ISO, REGARDING PUBLIC
WORKS POLICIES
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, Slate 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 December 6,
1994, the Board of County
Commissioners enacted
Weld County Ordinance No.
180, regarding Public Works
policies, and
WHEREAS, the Board of
County Commissioners now
desires to amend said
Ordinance No. 180 as fol-
lows end to incorporate said
amendments into the Weld
County Administrative
Manual.
be replaced. Weld County
shall pay far the entire cost of
said replacement.
7.42 Any person(s) request-
ing the replacement of the
cattle guard will provide writ-
ten acknowledgment that the
person(s) so requesting will
conform to the provisions of
the Weld County Policy for
cattle guards on Weld
County Roads. Said
replacement shall be done in
accordance with Weld
County specifications for cat-
tle guard installations. The
entire cost of said replace-
ment shall be paid for by the
person(s) making the
request for replacement.
NOW, THEREFORE, BE IT
ORDAINED, by the Board of
County Commissioners of
the County of Weld, State of
Colorado, that the following
amendments are made to
Weld County Ordinance No.
180, regarding Public Works
policies.
AMEND Section 7.4 of said
Ordinance No. 180 by strik-
ing said section in its entirety
and substituting the follow-
ing:
7.4 REPLACEMENT
7.4.1 In the event any cattle
guard located upon any Weld
County Road is deemed by
Weld County to be beyond
repair. the cattle guard Mall
ADD the following section to
said Ordinance No. 180:
22.0 OBSTRUCTIONS
LOCATED WITHIN WELD
COUNTY ROAD RIGHTS -
OF -WAY
Weld County reserves the
right to maintain its road
rights -of -way without
obstructions located thereon.
'Obstructions" include, but
are not limited to, fences.
trash cans, gates, and irriga-
tion structures, regardless of
whether or not they are phys-
ically located on the travelled
portion. Obstructions shell
be removed from the county
road rights -of -way upon
request by the Weld County
Public Works Department.
The total expense of the
removal of any obstruction
from a county road
right -S -way will be paid by
the person(s) who installed
the obstruction, or by the per-
son(s) exercising ownership
or control over the obstruc-
tion. In the event such per-
son(s) do not remove the
obstruction as requested,
Weld County wilt remove the
obstruction end bill the per-
eon(s) responsible for the
obstruction tor any expenses
incurred in its removal. This
section shell not alter any
rights, responsibilities,
andror penal regarding
the act of obebuaeg hlph-
ways as set forth In Spokes
18-9-107 and 43-5-301,
C.R.S.
RENUMBER Sections 22.0.
entitled 'APPENDICES," to
Section 23.0.
BE IT FURTHER
ORDAINED by the Board of
County Commissioners that
the amendments set forth
herein shall be incorporated
Into the Public Works policies
as they are set forth in the
Weld County Administrative
Manual.
BE IT FURTHER
ORDAINED by the Board
that no portion of this
Ordinance No. 180-A shell
be deemed to have given
rise a duly or care on the part
of the County of Weld, State
of Colorado, or its public
employees, as defined in
Section 24-10-103(4),
C.R.S.• or none that other-
wise existed, nor shall any
portion of this 0. finance No.
180-A be deemed to consti-
tute a waiver of sovereign
immunity by the County of
Weld, State of Colorado, or
its public employees.
BOARD OF COUNTY COM-
MISSIONERS
WELD COUNTY, COL-
ORADO
Dale K. Hall, Chairman
Barbara J.
Pro -Tern
George E. Baxter
Kirkmeyer
Constance L. Harbert
W. H. Webster
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 decid-
ed to be unconstitutional,
such decision shell not affect
the validity of the remaining
portions hereof. The Board
of County Commissioners
hereby declares mat 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 ate or more
sections, subsections. pare -
graphs, sentences, clauses.
or phrases might be declared
to be unconstitutional or
Invalid.
AFFIDAVIT OF PUBLICATION
ATE OF COLORADO
UNTY OF WELD
OGER A. UPIER, of said County of Weld, being duly
Dm, say that I am publisher of
WINDSOR BEACON
SS
veekly newspaper having a general circulation in said
unty and State, published in the town of WINDSOR, in
ATTEST: Donald D. Warden Id County and State; and that the notice, of which the
Weld County Clerk to the
Board ;sexed js a true copy, has been published in said weekly
BY: Shelly K. Miller
Deputy Clerk to the Board
APPROVED AS TO FORM:
Bruce T Barker
County Attorney
successive weeks, that the notice was
fished in the regular and entire issue of every number it
paper during the period and time of publication, and in
newspaper proper and not in a supplement, and that
first publication of said notice was in said paper bearing
First Reading: date of the
April zs. leas t day of ' \• .,/,..... .t A.D., 19 7 S and the
Th
Publication:
May 4, 1995, in the Windsor publication O sting the date of the
Beacon _day of A.D., 19_ and that
Second Reading: i said WINDSOR BEACON has been published
May 15, 1995 ntinuously and uninterruptedly for me period of 5
Publication:
May 18, 1995, in the windsor1SSOLitiVe weeks, in said County and State, price; to the
Beacon a of first publication of said noticeart'' the name is a
Final Reading: Mspaper within the meaning of an Act is rkgulate printing
May 31, 1995 legal notices and advertisements, approved May 18,
Publication:
June 8, 1995. in the Windsor I1, and I prior as so far as in force.
Beaton
The above and foregoing
Ordinance Number 180-A
was, on melon duly made
and seconded, adopted by
the following vote on the 31st
day ofMay#.0., 4995.
J fYBLISHER
My commission expires
Effective:
June 13, 1995
Published In the Windsor
Beacon on June 8,19%.
suoscribed and sworn to before me this -P r day of
sr 19 ¶S
/-7,2 0.(1 „ , Y`er-rt-�-.w
NO ARRY PUBLIC
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950787
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