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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and hereby is, repealed and re-enacted, with amendments, to read as follows.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
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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.
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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
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