HomeMy WebLinkAbout20091693.tiffRESOLUTION
RE: DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY ORDINANCE
NO. 242-A, IN THE MATTER OF SUPPLEMENTAL APPROPRIATION FOR THE YEAR
2009
WHEREAS, the Board of County Commissioners of Weld County, 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 the 20th day of July, 2009, reviewed
the necessity of publishing Emergency Ordinance No. 242-A, Supplemental Appropriation for 2009,
and
WHEREAS, it was determined by the Board that the Clerk to the Board be directed to have
published said Emergency Ordinance No. 242-A.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Clerk to the Board be, and hereby is, directed to have published
Emergency Ordinance No. 242-A, Supplemental Appropriation for 2009, said publication to be on
July 23, 2009.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 20th day of July, A.D., 2009.
BOARD OF CQJJNTY COMMISSIONERS
WELD COU TY, COLORADO
ATTEST:
Weld County Clerk t
Date of signature: 7,&7 /dal
William F. Garcia
Dougla,IRademacher Pro-Tem
Sean P. Conway
ara Kirkmeyer
r
David E. Long
E' 2x //v
2009-1693
ORD242-A
Account#: 346067
Your Local Newspaper Since 1896
Windsor Beacon.
STATE OF COLORADO )
ss: AFFIDAVIT OF PUBLICATION
COUNTY OF WELD )
Echo Villa , being duly sworn, deposes and says that said is the legal clerk of the
Windsor Beacon; that the same is a weekly newspaper of general circulation and printed and
published in the town of Windsor, in said county and state; that the notice or advertisement, of
which the annexed is a true copy, has been published in said weekly newspaper for
1 Week;
that the notice was published in the regular and entire issue of every number of said newspaper
during the period and time of publication of said notice, and in the newspaper proper and not in a
supplement thereof; that the first publication of said notice was contained in the issue of said
newspaper on
Thursday, July 23, 2009
that the last publication thereof was contained in the issue of said newspaper on
Thursday, July 23, 2009
that said Windsor Beacon has been published continuously and uninterruptedly during the period
of at least six months next prior to the first publication of said notice or advertisement above
referred to; that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements
within the meaning of the laws of the of Colorado.
Legal Clerk
Subscribed and sworn to before me, within the County of Weld, State of Colorado this
Tuesday, July 21, /
2009
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Invoice Text ORDINANCE NO. 242-A IN THE MATTER OF A
WELD COUNTY CLERK TO THE BOARD, Affidavit Prepared
915 10TH ST Tuesday, July 21, 2009
GREELEY, CO 80631-1117 2:43 pm
ORDINANCE NO. 242-A
IN THE MATTER OF A SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2009
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,
and
Colora-
do, WHEREAS, Section 29-1-111.5, C.R.5., provides that if during the fiscal year the governing board deems it necessary, in
view of the needs of the various offices or departments, it may transfer budgeted and appropriated monies from one or
more spending agencies in one fund to one or more spending agencies in another fund and/or transfer budgeted ap-
propriated monies between spending agencies within a fund, and
WHEREAS,Section 29-1-111.5, C.RS., provides that if during the fiscal year the governing body or any spending agency
received unanticipated revenue or revenues not assured at the time of the adoption of the budget from any source oth-
er than the local government's property tax mill levy, the governing board of the local government may authorize the ex-
penditure of these unanticipated or unassured funds by enacting a supplementary budget and appropriation, and
WHEREAS,the Board of County Commissioners of Weld County has been advised that supplemental appropriations, in
accordance with the above, need to be made in fiscal year 2009 in various County funds, as more fully set forth in the
Exhibits attached hereto and incorporated herein by reference, and
WHEREAS, this is an emergency caused by a contingency which would not have been reasonably foreseen at the time
of the adoption of the 2009 Budget, and
WHEREAS,by Section 29-3-114, C.R.S., the governing board of a county does, in an emergency situation, have authority
for the expenditure of funds in excess of sad budget, by Ordinance duly adopted by two-thirds of the vote of the gov-
erning body; however, Section 3 14(6) of the Weld County Home Rule Charter requires any ordinance which is declared
therein to be an emergency ordinance to be enacted by four -fifths vote of the Board.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colora-
do, that the supplemental appropriations for fiscal year 2009 in various County funds, as more fully set forth in the attach-
ed Exhibits, which were made necessary by an emergency caused by a contingency which could not have been rea-
sonably foreseen at the time of the adoption of the 2009 Budget be, and hereby are. approved.
BE IT FURTHERORDAINEDby the Board that an emergency exists which requires that Supplemental Appropriation Or-
dinance No. 242-A be, and hereby is, declared to be an emergency ordinance under the provision of Section 3-14 of the
Weld County Home Rule Charter.
• BE IT FURTHERORDAINEDby the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Or-
dinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remain-
ing 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, sentence% clauses, or phrases might be declared to be unconstitutional
or invalid.
Published: July 23, 2009, in the Windsor Beacon
Read and Approved: July 29, 2009
Published: August 6, 2009, in the Windsor Beacon
effective: August 11, 2009
34138464
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