HomeMy WebLinkAbout750589.tiff CORRECTED RESOLUTION
RE: PERMITS FOR OPERATION OF VEHICLES OF EXCESS SIZE AND
WEIGHT (OIL RIGS, ATTENDANT VEHICLES AND ALL APPUR-
TENANCES THERETO) ON COUNTY ROADS.
WHEREAS, previously by Resolution the Board of County Commis-
sioners, Weld County, Colorado, has determined that there has been
excessive damage to county roads and bridges caused by the operation of
vehicles of excessive size and weight thereupon; and
WHEREAS, the Board, after investigation, has determined that it
would be in the best interest of the County to take precautions to discourage
the destruction of county roads and bridges by operators of vehicles of excess
weight and size thereupon; and
WHEREAS, pursuant to C. R. S. 1973, 42-4-409, the Board of County
Commissioners, Weld County, Colorado, is vested with the authority to
issue or withhold permits, and to impose condition of operations on and
over its county roads and bridges of such vehicle or vehicles of excessive
size and weight, and has heretofore so resolved, and controlled the operation
on and over county roads and bridges pursuant to a permit issued by the Clerk
to the Board of County Commissioners, Weld County, Colorado; and
WHEREAS, said Board of County Commissioners, Weld County,
Colorado has created an engineering department and vested it with certain
duties, including the maintenance of roads and bridges, and upon investigation
has determined that the Weld County Engineering Department would be the
most knowledgeable department for the purpose of issuing permits for the
operation of vehicles of excessive size and weight on Weld County roads,
and that this department has the capacity, and ability to issue said permits
in a fashion which would protect Weld County roads and bridges from vehicles
of excessive size and weight; and
WHEREAS, in the past the Board has authorized the Clerk to the
Board of County Commissioners, Weld County, Colorado, to issue said
permits, and the Board now is apprised that said Clerk has been delegated
other duties and is without the specific expertise that the Board determines
necessary for the proper administration of the permit to operate vehicles
of excess size and weight on county roads and bridges, and that such expertise
is found in the Weld County Engineer's Office;
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners, and it hereby authorizes and directs the Weld County
Engineer, or his authorized representative, to issue permits for the operation
of vehicles of excess size and weight on Weld County roads and bridges ONLY
after prior application therefor is properly made and properly acknowledged
by all relevant utility companies, and after the Weld County Engineer has
investigated the circumstances surrounding the specific move contemplated
in the application, and determined those conditions upon which the permit
may be granted for the particular move, which conditions, in the estimation
of the Weld County Engineer, best protect county roads and bridges relative
to the movement of vehicles of excess size and weight thereupon, and which
conditions may include obtaining such assurances and sureties as may be
necessary to protect and reimburse Weld County for damage to its roads and
bridges within the purview of C. R. S. 1973, 42-4-409, 42-4-410, and 42-4-
411 .
750589
BE IT FURTHER RESOLVED, by the Board and it hereby directs
and orders the County Engineer, or his authorized representative, to charge
a permit fee of Five Hundred Dollars ($500. 00) per move; further, if moving
of vehicles of excessive size and weight is done on Weld County roads without
a permit first having been obtained, then and in each and every such case a
permit fee of One Thousand Dollars ($1, 000. 00) shall be charged.
The above and foregoing resolution was, on motion duly made and
seconded, adopted by the following vote on the 7th day of May, A.D. , 1975.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
dr
ATTEST: 05!
Weld County Clerk and Recorder
and Clerk to the Board
�Y__� Deputy
p y Cou y Clerk
AP VED AS TO ORM:
/ County At orney
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•
Interoffice Memo
May 7, 1975 •
1. Resolution regarding the authorization to hold Sheriff's Sale:
We contacted Sheriff Bower who is in the hospital in 215B (a horse kicked him
and he has a collapsed lung and is in bed with tubes draining the fluid), and he
says that Attachment "A" which would be the inventory of items to be sold at
Sheriff's Sale which had been collected by the Sheriff's Department over the
years, is not complete and that this inventory list will not be ready from his •
office for two or three weeks at least .
We contacted Judge Carpenter this morning who indicated that he would not
sign the Order without Sheriff Bower first signing the Motion and without the
list of inventoried goods attached. He said that he would not-sign anything
until he saw the complete inventory list.
Therefore, J am sending over the Motion , Order, and Resolution which will
indicate to the Commissioners that no action can be taken at this time.
2. Resolution regarding permits for vehicles of excessive size and weight.
We have checked the state statutes regarding these permits and find no
justification for the resolution as currently drafted. It appears that the $1, 000. 00
permit fee which is contemplated would be in effect a fine for which the County
has no authority to levy.
We have double checked this position with the Counties of Morgan and Adams
and they agree.
Adams County
Adams County Planning Director Bob Fleming informs us that Adams County
is revising their zoning regulations to include the following:
The drilling and production of oil and gas shall be a use by right in the various
districts subject to the following:
1 . No drilling or production closer than 1, 000 feet to any subdivided,
agricultural, or residentially zoned property or a city limit line.
2. A $300, 00 moving, drilling, and culvert permit from the public e
works department designating the route to be taken, the exact proposed well
site, and the equipment to be moved and utilized. A minimum $100, 000. 00 bond
shall be posted with such permit to guarantee repair of damage to public roads
and other facilities„
3. if a gas or oil drilling site becomes a producing well, a building
permit shall be required for installation of tank batteries, production rig,
fencing, and similar facilities, All applicable standards in these regulations
and the building code ( 1973 Uniform Building Code) shall apply.
(Adams County Attorney Lubow says that they are going to enforce their noise
ordinance against the drilling rigs, so that this last sentence immediately above
is a sleeper. They feel that they are going to have to take two or three
temporary injunctions before the oil companies understand that they mean business. )
4. For drilling ARiAluzuk and/or production within 1, 000 feet of sub-
divided, agriculturicir residential districts, and 1, 000 feet of a city limit line,
or within subdivided, agricultural, residential, or the floodway area of a flood
control district, a special use permit shall be required from the Board of
Adjustment for each drilling site.
Adams County indicated that they have gone 1 /2 - 1 /2 with the City of Aurora
for time and costs in hiring a helicopter to oversee and police drilling and
other activities within the county.
Furthermore, they indicate that they are hiring a special employee aoc & l
whose full time job it will be to escort these drilling companies around the
county on their designated moves.
Morgan County
Morgan County Attorney Ord Wells indicates that Morgan County has been
charging $5. 00 fee for 3 days per vehicle on oil rig activities. He said that
Morgan County is pretty lax and they have no enforcement procedure or
personnel. He says that there also is a $10. 00 fee per vehicle for 90 day
activity regarding bulldozers, earth movers, etc.
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