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HomeMy WebLinkAbout20231604.tiffWELD COUNTY EMERGENCY CODE ORDINANCE 2023-08 (Because all of the Commissioners voted NAY, this Emergency Code Ordinance 2023-08 was NOT enacted.) IN THE MATTER OF AMENDING CHAPTER 21, AREAS AND ACTIVITIES OF STATE INTEREST, OF THE WELD COUNTY CODE 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, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1; enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of emergency revision and clarification with regard to procedures, terms, and requirements therein, inasmuch as the Board of County Commissioners has determined to study and consider possible amendments to Article VII of Chapter 21 to address concerns expressed by various Weld County citizens regarding the incompatibility of 1041 SEF's with Weld County's agricultural communities; therefore, this Ordinance is declared to be an Emergency Ordinance under the provisions of Section 3-14 of the Weld County Home Rule Charter. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that Sec. 21-7-50 be, and hereby is, added to Chapter 21 of the Weld County Code, to read as follows. CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST Add Sec. 21-7-50. Moratorium on the consideration and approval of applications for 1041 SEF's to and until December 1, 2023. Due to concerns expressed by various Weld County citizens regarding the incompatibility of 1041 SEF's with Weld County's agricultural communities, the Board of County Commissioners will forthwith study the issue and consider possible amendments to this Article VII of Chapter 21 to address such concerns. Pursuant to C.R.S. § 24-65.1-404(4), and pursuant to Sec. 21-1-290 of this Code, the Board of County Commissioners hereby orders a moratorium on the consideration and approval of applications for 1041 SEF's to and until December 1, 2023. PAGE 1 cc . cri3 (E6 /n-i) EI (RR/cP /so), 4921386 Pages: 1 of 2 oACA�L�, ACT CC D\ pG() 09/19/2023 10:59 AM R Fee:$0.00 Carly Koppes , Clerk and Recorder, Weld County , CO O°1/2 5/23 VIII !�! �.r «' I L II ! KA INNI:11110 Al Witt), III in 2023-1604 ORD2023-08 BE IT FURTHER ORDAINED by the Board that an emergency exists, inasmuch as the Board of County Commissioners has determined to study and consider possible amendments to Article VII of Chapter 21 to address concerns expressed by various Weld County citizens regarding the incompatibility of 1041 SEF's with Weld County's agricultural communities; therefore, this Ordinance is declared to be an Emergency Ordinance under the provisions of Section 3-14 of the Weld County Home Rule Charter. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. 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 Emergency Ordinance Number 2023-08 was, on motion duly made and seconded, denied by the following vote on the 7th day of June, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddedtvi.)le0:4 Weld County Clerk to the Board BY: AP County Attorney Date of signature: O/12/23 Read and Denied: June 7, 2023 4921386 Pages: 2 of 2 09/19/2023 10:59 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO eman, Chair erry . Buck, i ro-Tem co t K. James Lori Sain PAGE 2 (NAY) (NAY) (NAY) (NAY) (NAY) 2023-1604 ORD2023-08 I Y r4 P rill i'AIII I: 1411111 WELD COUNTY EMERGENCY CODE ORDINANCE 2023-08 IN THE MATTER OF AMENDING CHAPTER 21, AREAS AND ACTIVITIES OF STATE INTEREST, OF THE WELD COUNTY CODE 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, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of emergency revision and clarification with regard to procedures, terms, and requirements therein, inasmuch as the Board of County Commissioners has determined to study and consider possible amendments to Article VII of Chapter 21 to address concerns expressed by various Weld County citizens regarding the incompatibility of 1041 SEF's with Weld County's agricultural communities; therefore, this Ordinance is declared to be an Emergency Ordinance under the provisions of Section 3-14 of the Weld County Home Rule Charter. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that Sec. 21-7-50 be, and hereby is, added to Chapter 21 of the Weld County Code, to read as follows. CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST Add Sec. 21-7-50. Moratorium on the consideration and approval of applications for 1041 SEF's to and until December 1, 2023. Due to concerns expressed by various Weld County citizens regarding the incompatibility of 1041 SEF's with Weld County's agricultural communities, the Board of County Commissioners will forthwith study the issue and consider possible amendments to this Article VII of Chapter 21 to address such concerns. Pursuant to C.R.S. § 24-65.1-404(4), and pursuant to Sec. 21-1-290 of this Code, the Board of County Commissioners hereby orders a moratorium on the consideration and approval of applications for 1041 SEF's to and until December 1, 2023. PAGE 1 2023-1604 ORD2023-08 BE IT FURTHER ORDAINED by the Board that an emergency exists, inasmuch as the Board of County Commissioners has determined to study and consider possible amendments to Article VII of Chapter 21 to address concerns expressed by various Weld County citizens regarding the incompatibility of 1041 SEF's with Weld County's agricultural communities, therefore, this Ordinance is declared to be an Emergency Ordinance under the provisions of Section 3-14 of the Weld County Home Rule Charter BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code, and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code 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 Emergency Ordinance Number 2023-08 was, on motion duly made and seconded, adopted by the following vote on the 7th day of June, A D , 2023 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST Mike Freeman, Chair Weld County Clerk to the Board Perry L Buck, Pro-Tem BY Deputy Clerk to the Board Scott K James APPROVED AS TO FORM Kevin D Ross County Attorney Lori Saine Date of signature Read and Approved June 7, 2023 Published June 11, 2023, in the Greeley Tribune Effective June 16, 2023 PAGE 2 2023-1604 ORD2023-08 Hello