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Home My WebLink About20211422.tiffNOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2021-11 was introduced on first reading on May 26, 2021, and a public hearing and second reading was held on June 14, 2021. A public hearing and final reading was completed on July 7, 2021, with no change being made to the text of said Ordinance, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO: 2021-11 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE EFFECTIVE DATE: July 16, 2021 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 9, 2021 PUBLISHED: July 11, 2021, in the Greeley Tribune XO2/ - /41-a207. NOTEE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Horse Rule Charter, Ordinance Number 2021-11 Was introduced on first reading on May 26, 2021, and a public hearing and second reading was held on June 14 2021. A public hearing and, final reading was completed on July 7, 2021, with no change being made to the text of said Ordi- nance, and on motion duly motile and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup ma- terial, exhibits or information peviously submitted to the Board of County Commissioners concerning this matter may be exam- ined in the office of the Clerk to the Board of County Commis- sioners, located wBtfsn the Welc County Administration Building, 1150 0 Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru FriG y, or may be accessed through the Weld County Web Page (www.weidgov.com). E-mail mes- sages sent to an individual Commissioner may not be included in the case file. To ensure Inclusion of your e-mail correspond- ence Into the case file, please sand a copy to egesick®weldgov. corn. ORDINANCE NO: 2021-11 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMEhT5, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE EFFECTIVE DATE: July 15.2021 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 9, 2021 PUBLISHED: July 11, 2021, in theGreeley Tribune - 1815093 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Weld State of Colorado The undersigned, Shayla Naiera , being first duly sworn under oath, states and affirms as follows: 1. He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Greeley Tribune. 2. The Greeley Tribune is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks in Weld County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 24-70-103. 3. The notice that is attached hereto is a true copy, published in the Greeley Tribune in Weld County on the following date(s): Jul 11. 2021 Subscribed bs�b`and sworn to me before me this � day of , `.x"/�6`4 1 . Notary Pttblic (SEAL) • MELISSA L NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20064049936 MY COMMISSION EXPIRES DECEMBER 11, 2022 Account: Ad Number: Fee: 1099690 1815093 $11.40 1.4 NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2021-11 was introduced on first reading on May 26, 2021, and a public hearing and second reading was held on June 14, 2021, with no change being made to the text of said Ordinance. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on July 7, 2021. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2021-11 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE DATE OF NEXT READING: July 7, 2021, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 18, 2021 PUBLISHED: June 20, 2021, in the Greeley Tribune Pot/ _' %4L020Z. NOTICE OF SECOND READING OF OIDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2021.11 was Introduced on first wading on May 26, 2021, and a public hearing and second reading was held on June 14, 2021, with no change being made to the text of said Ordi- nance. A public hearing and third reading is scheduled to be held In the Chambers of the Board, wcated within the Weld County Administration Building, 119) 0 Street, Greeley, Colorado 80631, on July 7, 2021. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 400-4225, or fax (970) 336 7233, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate inthis hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined In the office of the Clerk to the Board of County Commissioners, located within the Wed County Administration Building, 1150 0 Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.vreldgov.com). E-mail messages sent to an individual Commissioner may not be in- cludedgIn the case file. To ensure inclusion .f your e-mail corre- spondence into the case file, please send a copy to egesick® weldgov.com. ORDINANCE NO. 2021-11 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE DATE OF NEXT READING: July 7, 2021, at 9:00:a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 18, 2021 PUBLISHED: June 20, 2021, in the Greeley Tribune - 1809887 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Weld State of Colorado The undersigned, Shavla Naiera , being first duly sworn under oath, states and affirms as follows: 1. He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Greeley Tribune. 2. The Greeley Tribune is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks in Weld County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 24-70-103. 3. The notice that is attached hereto is a true copy, published in the Greeley Tribune in Weld County on the following date(s): Jun 20.2021 Signature Subscribed and sworn to me before me this r /4 -clay of tlila Pi o;I (SEAL) ,(4/9(4.." MELISSA L NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20064049936 MY COMMISSION EXPIRES DECEMBER 11, 2022 Account: Ad Number: Fee: 1099690 1809887 $13.68 1.4 NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2021-11 published below, was introduced and, on motion duly made and seconded, approved upon first reading on May 26, 2021. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on June 14, 2021. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2021-11 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE DATE OF NEXT READING: June 14, 2021, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: May 28, 2021 PUBLISHED: May 30, 2021, in the Greeley Tribune ******* WELD COUNTY CODE ORDINANCE 2021-11 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, 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 02002-/ - /`/7'202 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 8 of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows. CHAPTER 8 PUBLIC WORKS ARTICLE XVI - Vacation of Road Right -of -Way by Board of County Commissioners Amend Sec. 8-16-20. Vacation procedures. The Board of County Commissioners may vacate a public road right-of-way by Resolution, if the Board determines it to be in the County's best interest, or upon application of an interested landowner submitted to the Department of Public Works; however, if the proposed vacation of public road right-of-way is within a historic townsite or subdivision, an application shall be submitted to the Department of Planning Services for a Resubdivision, pursuant to Chapter 24, Article IX, of the Weld County Code. Amend Sec. 8-16-30. Vacations of public road rights -of -way not within historic townsites or subdivisions. A. Complete petitions for vacation of public road rights -of -way not within historic townsites or subdivisions accepted by the Department of Public Works shall include: 1. A complete Petition Application signed by the petitioner with an accurate legal description of the right-of-way requested to be vacated. 2. If an authorized agent is representing the petitioner, an Authorized Agent Form must be submitted with the application. 3. Affidavit of Interest Owners Form has been completed and signed by petitioner, authorized agent, and all interested property owners (if applicable). 4. A list of all adjacent property owners within 500 feet or landowners who are not directly adjacent, but may be affected due to usage of the right-of-way. 5. Provide evidence of existing utility information. B. Within two (2) weeks of receiving completed petition, the Department of Public Works, in collaboration with the Clerk to the Board's Office, will send referral requests to the Department of Planning Services, Department of Public Health and Environment, Sheriff's Office, the fire district, the ambulance service, emergency responders, neighboring municipalities, and utility companies. The respective departments and agencies have a minimum of three (3) weeks to review the petition and submit comments. C. Within six (6) weeks of the petition being received, and at least ten (10) days prior to the meeting at which the Board of County Commissioners is to consider vacating any public road right-of-way, the Clerk to the Board shall mail notice of the meeting to all persons owning land adjacent to the roadway to be vacated, including any landowner who the Department of Public Works reasonably determines may use the right-of-way proposed to be vacated to access their property. This notice shall not be required if the public road right-of-way has not been used as a roadway for at least twenty-one (21) years or since it was established. Inadvertent errors by the Department of Public Works in determining who should receive such notice, or by the Clerk to the Board's Office in sending such notice, shall not create a jurisdictional defect in the process, even if such error results in the failure of a property owner to receive such notification. D. The Resolution vacating the public road right-of-way shall be recorded with the County Clerk and Recorder. E. Upon vacation of the public road right-of-way, title to the land shall vest in the adjacent landowners pursuant to the provisions of C.R.S. § 43-2-302. Amend Sec. 8-16-40. Requirements. A. Petitioner shall pay an application fee, pursuant to Article VII, Permits and Fees — Appendix 5-M Department of Public Works Permit Application Fees. B. The Board of County Commissioners may approve or deny any request to vacate public road right-of-way as it determines to be in the best interests of the County. The Board may consider any information or evidence it determines appropriate, including, but not limited to, the following, to be provided by the Department of Public Works: 1. Existing and future access, and 2. Whether the right-of-way is a maintained or non -maintained public road, and 3. What the road classification is as identified on the County's current Functional Classification Map, and 4. Whether there is enough information to determine if the public needs this right-of-way in the future for items such as utility easements, etc. A title commitment or land survey plat may be required. C. No public road right-of-way that borders another county or the boundaries of an incorporated municipality may be vacated without the Resolution of the Board of County Commissioners and the consent of the governing body of the other county or municipality. D. No public road right-of-way may be vacated if any adjoining property would be without access (landlocked) by either public road or private easement. E. The Resolution vacating the public road right-of-way shall reserve rights -of -way or easements for existing sewer, gas, water or similar appurtenances, for ditches or canals and appurtenances and for electric, telephone and similar lines and appurtenances. 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. NOTICE OP FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter. Ordinance Number 2021-11 published below was introduced and, on mo- tion yduly made and seconded, and approved upon first reandiinngg on to be hel2021. in the�a Chic ambers 0111w Board. located within ily° Is th Weld County Administration Building. 1150 0 Street. trGreeley. Colorado theme r ngg of1. on saidsa( Ord�nAance persons inany to atti and meresteday be heard. Please contact the Clerk to the Board's office at phone (970) 4004225. Or fax (970) 336-7233, prior _ttcogqthe day of the h#eccccooimmif� the nobler todpaart participate in this hearinreag. Any backup material. exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street. Greeleyy, Colorado, between the hours of 8:0through the�Weld Coun500 ty Web Paugae (wwwiv Fridawaeldgoor v. om). E-mail messages sent to an individual Commissioner may not be in- cluded In the case file. To ensure inclusion of your e- man carr • dpeice the case file, please seed a Copy to egeskke • g ORDINANCE NO. 2021.11 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE DATE Of NEXT READiNG: lune 14. 2021, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO DATED: May 2i}, 2021 PUBLISHED: May 30, 2021. in the Greeley Tribune -1803921 WELD COUNTY CODE ORDINANCE 2021-11 IN THE MATTER OF REPEALING AND REENACTING. WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS. OF THE WELD COtNt- TY CODE BE IT ORDAINED BY THE BOARD or COUNTY COMMISSION- ERS Of TIE COUNTY Of WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the Coun- ty 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 Decem- ber 26, 2000. adopted Weld County Code Ordinance 2000-1, en- acting a comprehensive Code for the Cournt of Weld. Including gener- al a dppermaannenn tfnatutre acted on wor orbefore ssaid date ofd- WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. IOW. THEREFORE, SE ORD AINED ORDAED by the Board of County Com- missioners of the County of Weld, State of Colorado, Mat Chap- ter 8 of the Weld County Code be. and hereby is. repealed and re-enacted, with amendments, to read as follows. CHAPTERS PUBLIC WORKS ARTICLE XVi - Vacation of Road IigAt�-Way by Board of Coax ty Commissioners Amend Sac. 8-16-2. Vacation procedures. The Board of County Commissioners may vacate a public road right-of-way by Resolution, if the Board determines it to be in the County's best interest, or upon application of an Interested landowner submitted to the Department of Public Works; how- ever If the proposed vacation of public road right-of-w0.y Is within a historic townaite or subdivision, an application shall be submitted to the Department of Planning Services for a Resubdivision. pursuant to Chapter 24. Article IX. of the Weld County Code. Amend Sec. 8-16-30. Vacations of public road rights -of -wiry not within historic immeshes or subdivisions. A. Complete petitions for vacation of public road rights -of -way notwithin of c itthhihistoric shall townsites or subdivisions accepted by the De- clude 1 A complete Petition Application signed by the Petitioner with an accurate legal description of the right-ot-way requested to be vacated. 2. If an authorized agent is representing the petitioner an Au - 3. Affidavit of iiMterestt must Foorm etasbeenaco pplleted and signed by petitioner, authorized agent, and all interested prop- ertAY owners (If applicable). 4. list of all adjacent property owners within S00 feet or land- owners who are not directly adjacent, but may be affected due to usage of the right•pf-way. 5. Provide evidence of existing utility Information. pparttmeDe- nt of Pubis Worksf s, receiving collaboration with the�Gerk to the Board's Office, will send referral requests to the Department of Planning Services Department of Public Health and Environ- ment, Sheriff's Office. the fire district, the ambulance service, companies. The respectivepecvengdepartments and aggeenciess hnd utility minimum of three (3) weeks to review the petition and submit comments. C. Within six (6) weeks of the petition being received, and at least ten (10) days prior to the meeting at e which the Board of County Commissioners is to consider vacating any public road right-of-way. the Clerk to the Board shall mall notice of the meeting to all persons owning land adjacent to the roadway to be vacated including any landowner who the Department of Public Works reasonably determines may use the right-of-way proposed to be vacated to access their property. This notice Shall not be required if the public road right-of-way has not been used as a roadway for at least twenty-one (21) years or since It was established. Inadvertent errors by the Department of Public Works in determining who should receive such notice, or by the Clerk to the Board's Office in sending such notice. shall not cre- ate a jurisdictional defect in the process, even if such error re- sults in the failure of a property owner to receive such notifica- tion. D. The Resolution vacating the public road right-of-way shall be recorded with the County Clerk and Recorder. E. upon vacation of the public road right•of-way, title to the land shall vest in the adjacent landowners pursuant to the Novi - skins of C.R.S. 4 43-2.302. Amend See. 6.16.48. Rspi*emeets. A. Petitioner shall pay an application fee, pursuant to Article Vii, Permits and Fees - Appendix 5-M Department of Public Works Permit Application Fees. B. The Board of County Commissioners may approve or deny any request to vacate public road right-of-way as it determines to be in the best interests of the County. The Board roromaapy consid- clludingp..a but not limiteion d to. thee follow ng to be appropriate, ovided by ti in- cluding,Cw4eof Publro. awl ic Wotara rks: se,A Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Weld State of Colorado The undersigned, Melissa Nalera , being first duly sworn under oath, states and affirms as follows: 1. He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Greeley Tribune. 2. The Greeley Tribune is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks In Weld County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 24-70-103. 3. The notice that is attached hereto is a true copy, published in the Greeley Tribune in Weld County on the following date(s): May 30, 2021 Subscribed and sworn to e before me this day of ary Public (SEAL) LA NAJr,A.R STATE C NOTARY ID 20174031963 MY CC`1'rti! 'LION EXPIRES JULY 31, 2021 Account: Ad Number: Fee: 1099690 1803921 $68.78 1.4 maintained public run and 3. What the road classification Is as Identified on the County's Current Functional Classification Map. and 4. Whether there Is enough Information to determine If the public needs this riaht•of.wey In the future for items such as utility easements, etc. A title commitment or land survey plat may be required. C. No public mad rfght•of•way that borders another county or the boundaries of an incorporated municipality may be vacated without the Resolution of the Board of county Commissioners and the consent of the governing body o the other county or municipality. D. No public road right•ol•way may be vacated If any adjoin' ing property would be without access (landlocked) by either public road or private easement. E. The Resolution vacating the public road right•of•way shall reserve rights -of -way or easements for existing sewer gas, wa- ter or similar appurtenances, for ditches or canals and appurte- nances and for electric, telephone and similar lines and appurte- nances. BE IT FURTHER ORDAINED by the Board that the Clerk to thee Board be. and hereby Is directed rthr Cpdto arrange ith tanfor Municode to supplement herein, the cWoincild de twitthh chapters, artscl's, divisions, sec. a and to d subsections as any Incconsistennclecuess ryegarrdtinfl apittalliizatio grammar, and numbering or placement of chapters. articles, di- visions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board,. If any section. sub- section, paragraph, sentence, douse. or phrase of this Ord,. nice is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining Pot* born hereof. The Board of County Commissioners hereby de• dares that it would have enacted this Ordinance in each and ev- ery section, subsecthm. 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. Hello