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HomeMy WebLinkAboutR94-054 weed & Pest to contract with private landowners for weed control3 T � ) 3 Commissioner moved adoption of the follow g e lution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94 - - 5(/ AUTHORIZING COUNTY WEED & PEST TO CONTRACT WITH PRIVATE LANI FOR WEED CONTROL WHEREAS, the State of Colorado has enacted the Colorado Weed Management Act ( "Act "), C.R.S. 35 -5.5 -101 et seq., to manage undesirable plants as designated by the state and by local governing bodies; and WHEREAS, the Act mandated the board of county commissioners of each county in the state to adopt an undesirable plant management plan for all of the unincorporated lands within the county, and set forth the powers and duties to enable such board to comply with the Act; and WHEREAS, on April 13, 1992, the Board of County Commissioners ( "Board ") adopted Resolution No. 92 -41, an undesirable weed management plan for the unincorporated lands in Eagle County ( "Plan "); and WHEREAS, pursuant to the Act and the Plan, it is the duty of private landowners to control such undesirable plants on their lands; and WHEREAS, pursuant to the Act and the Plan, the County shall compel the control of such plants and assess the costs to the landowners; and WHEREAS, the Board finds that chemical weed control services are not at present economically available to all landowners in the unincorporated areas of the County; and WHEREAS, the Board finds that it would most effectively serve the goals of the Plan to obtain the cooperation of private landowners without the necessity of compliance enforcement activities. 1 Y NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: 1. THAT, the County Weed & Pest Control Department is authorized to contract with private landowners in the unincorporated areas of the County to apply chemical weed control to such land when requested by the landowners, and to enter into contracts in the form attached hereto as Exhibit A for that purpose. 2. THAT, notwithstanding the authorization in paragraph 1 hereof, the County Weed & Pest Control Department shall not enter into such contracts when, in its judgment, its chemical weed control services are inappropriate because of (a) the nature of the land, its location or of its use, (b) the nature of the weed(s) or of the weed control method(s) available for such weeds, (c) the availability of local commercial weed control services, or (d) the limited resources available to the Department. MOVED, READ AND ADOPTED by the Board of County q �C�omm�issioners of the County of E tate of Colorado, this day of April, 1994. . tR COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By : � 1 %J / Phillips, JChairman Commissioner ` seconded adoption of the foregoing reso tion. T e roll having been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. Commissioner George A. Gates aju This Resolution passed by 3 - C2 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. r \weed.pin 86 -108 sub County Commissioners George X. Gates, Commissioner 1 EAGLE COUNTY WEED & PEST DEPARTMENT WEED CONTROL CONTRACT This Contract is entered into between the undersigned and the County of Eagle, by and through its Weed & Pest Control Department as of the date written below. PLEASE COMPLETE EITHER PARAGRAPH I OR II IN THE BOX BELOW I. The undersigned owns the property generally described as ( "Property ") of which the location(s) specified below is(are) a part. II. The undersigned is the Manager of the property generally described as ( "Property ") of which the location(s) specified below is(are) a part. The Property is owned by: [Name] [Mailing Address] ( "Owner "). The undersigned is authorized by Owner to enter into this Contract on Owner's behalf. The undersigned requests weed spraying on private land in Eagle County, to be performed by Eagle County Weed & Pest Department personnel, and agrees to pay the fee of $60.00 per hour, plus the cost of chemicals, within sixty (60) days of date of billing. The weed spraying will be performed in accordance with the County's schedule, which may change without notice to the undersigned. Weed(s) to be treated and the undersigned's selection in regard to chemical to be applied: Weed Chemical Location(s) on the Property of weeds to be treated [before completing this section, please review Policy for Weed Control On Private Land, paragraph 2, attached hereto] are: T s The County is authorized to enter upon the Property as reasonably necessary and convenient for the purposes of preparing for and applying the chemical weed control. The undersigned agrees that the County will not be responsible for inadvertent failure to close gates or other restricted access ways, if any exist. The County makes no representation about, and does not guarantee, the results or effects of the application of the chemical weed control. A label for each chemical requested has been prepared by the manufacturer of the chemical(s), pursuant to federal law. Each label contains, as applicable, discussions about proper uses for the chemical, use precautions, and risks of use. The undersigned acknowledges that he has read and understands all use precautions, approved uses and risks for the chemical(s) selected, for example, limitations on grazing on treated locations. The undersigned acknowledges that he has received a copy of the label for each chemical selected and agrees to comply with the precautions applicable to the Property and his use of the Property. The undersigned agrees that neither Eagle County nor any of its officers, representatives, employees, boards or commissions shall be liable for any loss, damage, expense, cost, or injury whatsoever arising from the application of chemical weed control to the locations as specified above, except as expressly provided in the next sentence. The undersigned's sole remedy (whether he /she claims in contract, tort or otherwise) shall be limited to the amount paid by the undersigned for the weed control service provided for herein; but in no event will the undersigned be entitled to recover any consequential or incidental damages. The undersigned also agrees that he will indemnify, defend and hold the foregoing entities and persons harmless from any loss, damage, expense, cost, injury, liability, claim, demand, action or cause of action whatsoever, including that caused by their sole or joint negligence, to or by any third person arising from the application of chemical weed control. Phone Date Name (please print) Mailing address Signature c \weed2.con 86 -108 POLICY FOR WEED CONTROL ON PRIVATE LAND EAGLE COUNTY WEED & PEST DEPARTMENT 1. Eagle County Weed & Pest Department will enter into cooperative agreements with landowners are attempting to control the following weeds: LEAFY SPURGE RUSSIAN KNAPWEED DIFFUSE KNAPWEED SPOTTED KNAPWEED CANADA THISTLE MUSK THISTLE WHITETOP COMMON BURDOCK HOUNDSTONGUE PLUMELESS THISTLE WILD CARROWAY or any other noxious weeds recognized by the State of Colorado Noxious Weed List. It is the intent of the Eagle County Weed & Pest Department to assist in the control of noxious weed infestations county -wide but not to compete with private enterprise. 2. Eagle County Weed & Pest Department will not apply herbicides to: small grain fields under fallow or in production, alfalfa or other legume crops, on lands enrolled in the Conservation Reserve Program, on residential turf or on commercially -grown turf. 3. The landowner contracting with Eagle County Weed & Pest Department should be aware that the weed species listed are difficult to control and that a single herbicide application will usually not eradicate the weed. A multi -year integrated management plan is usually necessary to reduce these weed species to a maintenance level. c \weed.pol 86 -108