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HomeMy WebLinkAbout20213237.tiffSe Co n d Raid I 1/i-iiaoal . WELD COUNTY CODE ORDINANCE 2021-20 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, 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 revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that Chapter 2 Administration of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows. CHAPTER 2 ADMINISTRATION Amend Sec. 2-2-70. Mineral leasing policy. A. The County owns mineral rights for approximately forty thousand (40,000) acres. The Board of County Commissioners has adopted the following mineral leasing policies: 1. Large Tract leases (5.01 acres, or more) a. The term of the leasing period shall be a maximum of three (3) years. b. There shall be a continuation of the sealed bid process with the amendment that the top two (2) bidders and any other bidder within ten percent (10%) may participate in an auction. The opening of the sealed bids shall be held on the same day as the auction. c. A bid of at least six hundred dollars ($600.00), per mineral acre, shall be the minimum bonus amount required. d. There shall be a continuation of the requirement for certified funds. e. Where there is a conflict concerning the ownership of the mineral interest, the Lessee shall provide evidence of ownership to the Lessor. f. Royalty interest in the production to be paid to the County shall be at least PAGE 1 2021-3237 ORD2021-20 twenty-two and one-half percent (22.5%). Specific amount of royalty interest shall be set by the Board of County Commissioners prior to the bidding process. 2. Small Tract leases (up to, and including 5.0 acres) a. The term of the leasing period shall be a maximum of three (3) years. b. Where there is a conflict concerning the ownership of the mineral interest, the Lessee shall provide evidence of ownership to the Lessor. c. Royalty interest in the production to be paid to the County shall be eighteen and one-half percent (18.5%) when bidding is waived, with a minimum of a twelve -hundred -dollar ($1,200.00), per mineral acre, royalty bonus. B. The Board of County Commissioners adopted the following policy for extending the terms of all mineral leases. The Board will extend the terms of all mineral leases, in which it is the Lessor, according to the following conditions: 1. No lease term will be extended for more than six (6) months from the original expiration date as contained in the mineral lease. 2. The Lessee shall pay to the Lessor the sum of one-third (1/3) of the original bonus amount. 3. The Lessee must pay to the Lessor the sum of two and 50/100 dollars ($2.50), per mineral acre leased, as delayed rental for the term of the extension. 4. The royalty will remain the same as in the original lease. C. The terms of all mineral leases shall be stayed during the pendency of a Declaration of Emergency Disaster by the Board of County Commissioners. Such stay affects pre- production work, only, and does not alter or amend the requirement to make royalty, annual rental, or shut-in payments to the County during the pendency of the Declaration of Emergency Disaster. 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. PAGE 2 2021-3237 ORD2021-20 The above and foregoing Ordinance Number 2021-20 was, on motion duly made and seconded, adopted by the following vote on the 6th day of December, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Steve Moreno, Chair Weld County Clerk to the Board Scott K. James, Pro-Tem BY: Deputy Clerk to the Board Perry L. Buck APPROVED AS TO FORM: Mike Freeman County Attorney Lori Saine Date of signature: First Reading: Publication: Second Reading: Publication: Final Reading: Publication: Effective: November 3, 2021 November 7, 2021, in the Greeley Tribune November 17, 2021 November 21, 2021, in the Greeley Tribune December 6, 2021 December 10, 2021, in the Greeley Tribune December 15, 2021 PAGE 3 2021-3237 ORD2021-20 Hello