HomeMy WebLinkAbout20200888.tiffWELD COUNTY
CODE ORDINANCE 2020-02
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 17
PUBLIC PLACES AND 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
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 certain existing Chapters of the Weld County Code be, and hereby
are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as
follows.
CHAPTER 17
PUBLIC PLACES
Delete ARTICLE VII - Vacation of Road Right -of -Way by Board of County Commissioners
— Repealed and Reserved
Delete APPENDIX 17-A, in its entirety.
CHAPTER 8
PUBLIC WORKS
Add ARTICLE XVI - Vacation of Road Right -of -Way by Board of County Commissioners
Sec. 8-16-10. Purpose and intent.
The purpose and intent of this Article is to authorize the Board of County Commissioners to
vacate a public road right-of-way in accordance with Part 3 of Article 2 of Title 43, C.R.S.
Sec. 8-16-20. Procedure.
A. 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 Clerk to the Board.
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B. 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. 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. The Clerk to the Board shall refer the
matter to the Department of Planning Services and the Department of Public Works for review
and comments.
C. The resolution vacating the public road right-of-way shall be recorded with the County Clerk
and Recorder.
D. 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.
Sec. 8-16-30. Limitations.
A. 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.
B. No public road right-of-way may be vacated if any adjoining property would be without access
by either public road or private easement.
C. 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.
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The above and foregoing Ordinance Number 2020-02 was, on motion duly made and
seconded, adopted by the following vote on the 6th day of April, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Mike Freeman, Chair
Weld County Clerk to the Board
Steve Moreno, Pro-Tem
BY:
Deputy Clerk to the Board
Scott K. James
APPROVED AS TO FORM:
Barbara Kirkmeyer
County Attorney
Kevin D. Ross
Date of signature:
First Reading:
Publication:
Second Reading:
Publication:
Final Reading:
Publication:
Effective:
February 24, 2020
March 4, 2020, in the Greeley Tribune
March 16, 2020
March 25, 2020, in the Greeley Tribune
April 6, 2020
April 15, 2020, in the Greeley Tribune
April 20, 2020
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