HomeMy WebLinkAbout8.0 Resolution 83-163Recorded at edock_ Mc.�. 5 7983
Reception No.a4augLimpRED AISDORF, RECORDER
STATE OF COLORADO )
County of Garfield
ss.
BOOK 631 pia
At a special meeting of the Board of County Commissioners for Garfield
County, Colorado, held at the Commissioners' Annex in Glenwood Springs,
Colorado, on Wednesday , the 20th day of July A.D.
1983, there were present:
Eugene "Jim" Drinkhouse ,`Conimissioner Chairman
Larry Velasquez , Conutissioner
Flaven J. Cerise (absent) ,Conuuissioner
Earl Rhodes , County Attorney
Stan Broome (absent) , County Manager
Cathy A. Wagner , Deputy;Clerk of the Board
when the following proceedings, among others were had and done, to wit:
RESOLUTION NO. 83-163
RESOLUTION CONCERNED WITH AUTHORIZING THE COUNTY A'.TORNEY TO PURSUE LEGAL
ACTION AGAINST ROBERTS CONSTRUCTION COMPANY
WHEREAS, the Board of County Commissioners of Garfield County is a duly
elected public official in the body politic for the County of Garfield, which
is a political and legal subdivision of the State of Colorado, and empowered
to act, pursuant to the constitutional laws of the State of Colorado; •
WHEREAS, it has come to the attention of the Garfield County Board of
County Commissioners that the Roberts Construction Company,, who was issued.a
special use permit for the operation of a temporary portable asphalt drum
dryer mixer, pursuant to Resolution No. 83-127 on June 13, 1983, and as
renewed by Resolution No. 83-144 on June 27, 198:3, is presently continuing to
operate said equipment and facility without a valid special 'use permit being
in effect;
WHEREAT,' the Garfield County Zoning Resolution of 1978, as amended,
requires that the operator or user of equipment or of a facility such as a
temporary portable asphalt drum dryer mixer, as located at 0242 104 Road,
Garfield County, Carbondale, Colorado, shall havo obtained a special use
permit from the Board of County Couuuissioners for the operation and use of
such a facility, and that such a special use permit be in effect and valid at
all times during the operation and usage of such a facility or equipment;
WHEREAS, the special use permit authorized by Resolution No. 83-127 of
the Garfield County Board of County Conuuissioners, following a public hearing
on May 23, 1983 for a fourteen (14) day period, issued on or about June 13,
1983, and renewed, pursuant to Resolution No. 83-144, on June 27, 1983 Lor an
additional period of ten (10) working days, for the operation of a temporary
portable asphalt drum dryer mixer, located at 0242 104 Road, Garfield County,
Carbondale, Colorado, has expired;
WHEREAS, .C.R.S. '73, Section 30-28-124, provides that. the County
Attorney may obtain an, injunction or other equitable relief to prohibit
violations of the Garfield County Zoning Resolution of 1978; and
WHEREAS, the Board deems the alleged zoning violation to be contrary to
the public interest, safety and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that the Office of the Garfield County Attorney is
hereby authorized to file a lawsuit, or other legal action, against the
Roberts Construction Company, to obtain a Temporary Restraining Order and
preliminary and permanent injunctions against the continued operation of a
temporary portable asphalt. drum dryer mixer located on or about the Zemlock
Gravel Pit at 0242 104 Road, Garfield County, Carbondale, Colorado, and to do
such other acts as are necessary to vindicate the Garfield County Zoning
Resolution.
BflOK
Upon motion duly made and seconded the foregoing Resolution was adopted
by the following vote:
Eugene "Jim" Drinkhouse
Larry Velasquez
Flaven J. Cerise (absent)
ATTEST:
Lc} (e
Deputy clerk of tkle Board
STATE:OF COLORADO
County of Garfield ) ss.
I,
, Aye
, Aye
Commissioners
BOARD OF COUNTY CO MISS ONE
OF GARFIELD COUNTY/CO CO RADO
cm BYT''' "ie_.....p-IL,
,. 1 `, 4 g
pian
, County Clerk and ex -officio Clerk of the Board of
County Conuuissioners in' and for the County and State aforesaid do hereby
certify that the annexed and foregoing order is truly copied from the Records
of the Proceedings of the Board of County Conuuissioners for said Garfield
County,now in my office.
'66E234
6E
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
said County, at Glenwood Springs, this day of , A.D.
1983.
County Clerk and ex -officio Clerk of the Board of County Commissioners.