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Home My WebLink About20201252.tiffWELD COUNTY EMERGENCY CODE ORDINANCE 2020-10 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 emergency revision and clarification with regard to procedures, terms, and requirements therein, inasmuch as the Weld County Health Officer has issued a Declaration of Pandemic Health Emergency, pursuant to Colorado State Statutes and Section 14-10-10 of the Weld County Code; 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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 2 ADMINISTRATION Article II — General Policies Amend Sec. 2-2-70. Mineral leasing policy. A. and B. — No change. 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 an emergency exists, inasmuch as the Weld County Health Officer has issued a Declaration of Pandemic Health Emergency, pursuant to Colorado Revised Statutes and Section 14-10-10 of the Weld County Code; therefore, this Ordinance is declared to be an Emergency Ordinance under the provisions of Section 3-14 of the Weld County Home Rule Charter. PAGE 1 4588861 Pages: 1 of 2 05/08/2020 10:35 AM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII INVIIIi0411410# ria,PdR.tih'A411 1I II 2020-1252 cc: cTQCeG/CH),cuyRRS, ORD2020-10 FICow/3o), Cie Tcauco), CO.CG.(t), OGCJm), PI.cTP), poCJF). HL(ML/T7) O51O7/PO 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 Ordinance Number 2020-10 was, on motion duly made and seconded, adopted by the following vote on the 29th day of April, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dsilteds) •jC..[t0;ii Weld County Clerk to the Board Mike Freeman, Chair Steve Moreno, Pro -Tern AP �J Date of signature: 5 /o i /2.0 Read and Approved: April 29, 2020 Published: May 6, 2020, in the Greeley Tribune Effective: April 29, 2020 PAGE 2 4588861 Pages: 2 of 2 05/08/2020 10:35 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII INIAMINlitli k PII'I4IIIIKWINPIIIIiii lily BM 2020-1252 ORD2020-10 WELD COUNTY EMERGENCY CODE ORDINANCE 2020-10 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 emergency revision and clarification with regard to procedures, terms, and requirements therein, inasmuch as the Weld County Health Officer has issued a Declaration of Pandemic Health Emergency, pursuant to Colorado State Statutes and Section 14-10-10 of the Weld County Code; 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 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 2 ADMINISTRATION Article II — General Policies Amend Sec. 2-2-70. Mineral leasing policy. A. and B. — No change. 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 recuirement 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 an emergency exists, inasmuch as the Weld County Health Officer has issued a Declaration of Pandemic Health Emergency, pursuant to Colorado Revised Statutes and Section 14-10-10 of the Weld County Code; therefore, this Ordinance is declared to be an Emergency Ordinance under the provisions of Section 3-14 of the Weld County Home Rule Charter. PAGE 1 2020-1252 ORD2020-10 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 Ordinance Number 2020-10 was, on motion duly made and seconded, adopted by the following vote on the 29th 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: Read and Approved: April 29, 2020 Published: May 6, 2020, in the Greeley Tribune Effective: April 29, 2020 PAGE 2 2020-1252 ORD2020-10 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 adopted the following mineral leasing policy: 1. The term of the leasing period shall be a maximum of three (3) years. 2. 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. he opening of the sealed bids and the auction shall be held on the same day. 3. A bid of at least six hundred dollars ($600.00) per acre shall be the minimum bonus amount required. 4. There shall be a continuation of the requirement for certified funds. 5. Where there is a conflict concerning the ownership of the lease, the owner of the lease shall provide evidence of ownership. 6. Royalty interest in the production to be paid to the County shall be at least twenty-two and one- half (22.5) percent. Specific amount of royalty interest shall be set by the Board of County Commissioners prior to the bidding process. 7. Royalty interest in the production to be paid to the County shall be eighteen and one-half percent (18.5%) when bidding is waived on small parcels under five (5) acres, with a minimum of a twelve -hundred -dollar royalty bonus per acre. 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 (%) of the original bonus. 3. The Lessee must pay to the Lessor the sum of two and 50/100 dollars ($2.50) per cre 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 passed 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 royalty payments to the County during the pendency of the Declaration of Emergency Disaster. Hello