HomeMy WebLinkAbout760553.tiff - r -�
OFFICE OF Rat- OF COUNTY COMMISSIONERS
''...:,./ PHONE 13031 353-221:' EXT.2:1.222&223
t • ��---s,'. P.G.DCX 753
.,riEELEY, _CRACv;.CC31
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p h I .7 1 . .i i . January 14, 1976
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Ms. Betty Miller
Executive Director
Department of Local Affairs
Suite 208 •
1550 Lincoln
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Denver, Colorado 80203
Dear Ms. Miller:
As you are well aware, Weld County has become the first county in
the State of Colorado to avail itself of the privilege of becoming a
"Home Rule" county and to write its own charter. Tae committee which
drew the charter made certain changes from existing provisions of law,
ode of which has been brought to our attention recently when the bcard
of Weld County Commissioners requested bids for the carrying of legal
notices and advertisements for the County.
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Historically and traditionally, and, we assume, legally, thiE function
has always been served and provided by newspapers. C.R.S. 24-70-107
defines "legal notice" or "advertisement" as "any notice or other written
matter required to be published in a newspaper by any law of this state,
or by the ordinances of any city or town, or by the order of any court of
record of this state." (emphasis added)
When the bids were received this year, however, there were not only
bids from several "legal publication" newspapers, but also bids from at
least one publication which does not have a seconu class permit as re-
quired to qualify as a "legal publication" under C.R.S. 24-70-102 and 103,
and bids from three (3) radio stations.
The provision of the Weld County Charter which would appear to permit
these non-newspaper bidders to carry advertising and legal notices for
the County, reads, in full, as follows:
Section 16 - 6 -- Public Notice. Notice to the public of ordinances
and of certain official acts, events, determinations, proceeding_, or
meetings shall be given. Unless defined otherwise in the ordinances,
rules or laws pertaining to the procedure to which the public notice
relates, public notice may be by publication in a newspaper of general
circulation in the County or by such other media and Ln such form as
may be prescribed by the Board. When the notice informs the public of 1 . ,,,,„ ,
760553
2 WELD COUNTY CCIJ1MISSIONE
3LENN K.6'LLiI.T. VICTOR JACOLL
RnY"r
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Ms. Betty Mille/
January 14,, 1976
Page Two
some event to take place in the future, it shall be published
at least five days prior cc such event." (
+mp::asis added)
The legal question iirvolved would appear to be: "DO RE, AS ':E.LD
COUNTY CO>1155IONERS, HAVE THE AUTHORITY AS PURPORTEDLY C1ANTED TO US
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IN SECTION 16-6 OF T::E WELD COUNTY CHARTER, TO DETERMINE THAT "OTHER
MEDIA" THAN LEGAL PUBLICATION NEWSPAPERS AS DEFINED IN THE COLORADO
STATE STATUTES, MAY CARRY LEGAL NOTICES AND ADVERTISEMENTS FOR THE
COUNTY, AND TO DETERMINE THE FORM THEREFOR?"
C.R.S. 24-70-105 provides that an affidavit "shall state that said
notice or advertisement was published in a newspaper duly qualified for
that purpose," and C.R.S. 24-70-103
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indicate& that
inadequate and does not meet the requirements ofC.R�S. 24-70- 1 is
103 and
105, deeds issued by a County Treasurer are invalid.
Re will need an answer to this question before we can proceed with
accepting bids for legal notices and advertising for Weld County. We
are directin:; this letter to you so that you may request an opinion on
this matter from the Attorney General of the State of Colorado.
We will appreciate your prompt attention in this matter, as time is
of the essence.
Very truly yours,
THE BOARD OF COUNTY CO?D:ISSIONERS
WELD COUNTY, COLORADO
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Glenn K. Billings, Chairman
GKB/tc
cc: J. D. Arehart
Gov. Richard D. Lamm
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