HomeMy WebLinkAbout951220.tiffORDINANCE 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.
951220
ORD18UH
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
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY.
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
First Reading:
Publication:
Dale K. Hall, Chairman
Barbara J. Kirkmeyer, Pro-Tem
George E. Baxter
Constance L. Harbert
W. H. Webster
April 26, 1995
May 4, 1995, in the Windsor Beacon
Second Reading: May 15, 1995
Publication: May 18, 1995,iin the
Final Reading:
Publication:
May 31, 1995
June 8, 1995, in the
Effective: June 13, 1995
Windsor Beacon
Windsor Beacon
950787
ORD180A
MIIIIMMENCLIS
IN THE MATTER OF
AMENDMENTS TO WELD
COUNTY ORDINANCE NO.
180, 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. 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 fol-
lows and to incorporate said
amendments into the Weld
County Administrative
Manual.
NOW, THEREFORE, BE IT
ORDAINED, by the Board of
County Commissioners of
the Countyoi 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
Ordnance No..180 by a@-
irg said serial in as entirety
and subalsag 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 shall i
be replaced. Weld County ''
shall pay for the entire cost of
said replacement,
7.4.2 Any person(s) request-
ing the replacement of the
cattle guard will provide writ-
ten acknowledgment that the
person(s) so requesting wit
conform to the provisions of
the Weld County Policy f or
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.
ADD the following section to
said Ordinance No. 180:
22.0 OBSTRUC•
TIONS 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 iniga-
'lion structures, regardless of
whether or not Met' are phys-
ically located on the travelled
portion. Obstruction shall
be removed from the count'
road rights -of -way upon
request by the Weld County
Public Works Depareaed.
The total expense of Me
removal of any obsbudion
from a county road
right -al -wiry will be PIM by
the person(s) who instated
the obstruction, orby the per'
son(s) exercising out eralap
or control over the obstruc-
tion. M the event such per-
son(s) do not remove the
obstruction as requested,
Weld County will remove the
obstruction and bin the per -
w ills) responsible for the
abaudios for any expenses
incurred in its removal. This
e eetlon shall not alter in/
rights, responsibilities.
ands penalties regarding
ate act d aatructing high-
w ays as set forth In Sedbs
10-9-107 and 433-301,
C.R.S.
RENUMBER Sections 22.0,
waked 'APPENDICES; to
Section 23.0.
BE IT FURTHER
ORDAINED by the Board of
Catty Commissioners that
Ow amendments set forth
herein shall be incorporate
into the Public Works policies
as they are set fond in the
Weld Courtly Administrative
Manual.
BE IT FURTHER
ORDAINED by the Board
that no portion of this
Ordinance No. 100-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(1).
C.R.S.. or none that other-
wise existed, not shall any
portion of this Ordinance 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.
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 shall not affect
-the validily.of the remaining
portions hereof. TheBoerd
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
sanims, subsections, pera-
graphs, sentences, douses,
or phrases might be declared
to be unconstitutional or
i v%d
The awe and foregoig'
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 COM-
MISSIONERS
WELD COUNTY, COL-
ORADO
Dale K. Hall, Chairman
Barbara J. Kirkmeyer.
Pro-Tem
George E. Baxter
Constance L. Hatted
W. H. Webster
ATTEST: Weld County Clerk
to the Board
BY: Deputy Clerk to the
Board
APPROVED AS -TO FORM:
County Attorney
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
Denim:
June -13, 1995
Published In the Windsor
Seeman en May 4, 1905.
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
he date of the <,
/I lit day of /11/La..-/ A.D., 19 9C and the
last publication bearing the date of the
_day of AD., 19_ and that
the said WINDSOR BEACON has been published
continuously and uninterruptedly for the c:riod of 5
consecutive weeks, in said County and State, price to the
date of first publication of said notice. and the same is a
newspaper within the meaning of an Act to regulate printing
of legal notices and advertisements, approved May 18,
1931, and all prior acts so far as in force.
S by scribed and sworn to before me thisOk day of
19 7
3JS HER
NOTARY PUBLIC
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