HomeMy WebLinkAbout770769 RESOLUTION
RE: AUTHORIZATION TO WELD COUNTY ATTORNEY AND SPECIAL COUNSEL
TO SETTLE TWO SEPARATE CIVIL ACTIONS INVOLVING WELD COUNTY.
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and :he Weld County Home
Rule Charter, are vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, are Defendants in Civil Action No. 22846 in the District
Court of Weld County, Colorado, in which Clyde O. Bennetts is
Plaintiff, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, are Defendants in Civil Action No. 23928 in the District
Court of Weld County, Colorado, in which William F. Almer, et al. ,
are Plaintiffs, and
WHEREAS, said litigation in both actions has been pending
for a period of approximately four (4) years, and
WHEREAS , Special Counsel and the Weld County Attorney have
studied and evaluated both of these actions and have recommended
to the Board of County Commissioners of Weld County, Colorado,
that it would be in the best interests of Weld County to nego-
tiate and settle both actions which involve thirty-one (31)
separate Plaintiffs, provided said actions can be settled for a
sum not to exceed Fifteen Thousand Dollars ($15,000. 00) .
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Weld County
Attorney and Special Counsel, be, and hereby are authorized to
negotiate and take whatever action is necessary to settle and
terminate Civil Action No. 22846 and Civil Action No. 23928 , both
pending in the District Court in and for Weld County, Colorado,
for a sum of not to exceed Fifteen Thousand Dollars ($15 , 000 . 00)
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 2nd day of
March, A. D. , 1977.
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The above and foregoing Resolution was read into the record
and signed on the 2nd day of March, A.D. , 1977.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST:
Weld County Clerk and Recorder
and Clerk to the Baa�d `
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Deputy County Clerk
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County Attorney
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IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD AND
STATE OF COLORADO
Civil Action No. 22846
CLYDE BENNETTS, )
Plaintiff, )
)
vs . )
) MOTION TO AMEND COMPLAINT
THE BOARD OF COUNTY )
COMMISSIONERS OF THE )
COUNTY OF WELD, )
Defendant. )
COMES NOW the Plaintiff above named by and through his
attorneys, MASON, REULER AND PEEK, PROFESSIONAL CORPORATION, and
WHITE AND STEELE, PROFESSIONAL CORPORATION, and moves this
Honorable Court for permission to amend his Complaint for the
purpose of joining, individually, members of the Board of County
Commissioners in office during the years 1970 and 1971, and fur-
ther to amend his Complaint by adding a Third and Fourth Claim
for Relief as shown in the attached Proposed Amended Complaint,
and as grounds therefor, shows unto the Court as follows :
1. That Defendant' s answer asserts as an affirmative
I defense that sufficient monies were not appropriated to pay
Plaintiff for overtime work performed.
2. That pursuant to CRS 36-2-3 (1963, as amended) , the
County Commissioners of the County of Weld are personally liable
for any liability on contracts for which there has been no
appropriation.
3 . That the amendment to Plaintiff's Complaint for the
purpose of adding parties and adding claims for relief in no way
WELL CO COHithISSI
"REELEY, CGLO.
P.M.
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I further complicates the issues presented and would allow the Court !
to adjudicate all claims arising out of the same transaction and
would serve the ends of justice.
MASON, REULER AND PEEK,
PROFESSIONAL CORPORATION
I By
torneys r Plaintiff
{ 0 Equitable Building q in
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enver, Colorado 80202
222-5891
WHITE AND STEWS,
PROFESSIONAL CORPORATION
Att neys for
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De% er, Colored• 80202
222-2591
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IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD AND
STATE OF COLORADO
Civil Action No. 22846
CLYDE BENNETTS, )
)
Plaintiff, )
)
vs. ) PROPOSED AMENDED COMPLAINT
)
THE BOARD OF COUNTY COMMISSIONERS )
OF THE COUNTY OF WELD, and )
HAROLD ANDERSON, MARSHALL )
ANDERSON, GLENN BILLINGS and )
HARRY S. ASHLEY, individually, )
)
Defendants. )
COMES NOW the Plaintiff above named, by and through his
attorneys, MASON, REULER AND PEEK, PROFESSIONAL CORPORATION, and
WHITE AND STEELE, PROFESSIONAL CORPORATION, and complains and
alleges as follows:
FIRST CLAIM FOR RELIEF
1. That Plaintiff is and was at all times alleged
herein an employee of the County of Weld as a duly appointed and
acting Deputy Sheriff of the County of Weld.
2. That the Sheriff of the County of Weld, with the
approval of the Board of County Commissioners of the County of
Weld, did fix the compensation of Plaintiff.
3. That the Defendants did enter into a contract of
employment with the Plaintiff herein.
4. That the Defendants agreed to pay unto Plaintiff
herein time and one-half, based upon his rate of pay, for all
work performed in excess of regular hours, hereinafter referred
to as overtime.
5. That during the calendar years of 1970 and 1971,
Plaintiff performed 1,086 hours of overtime work for the County
of Weld in excess of regular hours.
6. That Plaintiff is entitled to compensation for
said 1,086 hours of overtime in the amount of $4,812.88.
7. That Plaintiff did, on or about the 7th day of
June, 1972, present to the Board of County Commissioners of the
County of Weld, a claim in due form of law in the amount of
$4,812.88 for audit atd allowance.
8. That on or about the 12th day of July, 1972, at a
meeting of the Board of County Commissioners of the County of
Weld, Defendants did refuse to act upon Plaintiff' s claim and
said refusal to act constituted a disallowance of Plaintiff' s
claim.
9. That there has elapsed a reasonable amount of time
for Defendants to audit and allow Plaintiff's claim.
SECOND CLAIM FOR RELIEF
10. Plaintiff incorporates by reference the allega-
tions contained in Paragraphs 1 through 9 of Plaintiff's First
Claim for Relief as if set forth fully herein.
11. That on or about the 10th day of December, 1969,
the Board of County Commissioners of the County of Weld did pass
a resolution, a copy of which is attached hereto and incorporated
by reference herein as if fully set forth herein.
12. That the Sheriff of the County of Weld and the
Board of County Commissioners of the County of Weld did represent
to Plaintiff that he would be paid pursuant to said resolution for
overtime work performed.
13. That in reliance upon said representations,
Plaintiff did perform work in excess of his regular hours, to-wit:
1,086 hours of overtime, during the years 1970 and 1971.
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14. That Defendants have failed and refused to pay
Plaintiff $4,812.88 due him for overtime work performed for the
County of Weld as aDeputy Sheriff pursuant to the above referred
to resolution, and therefore, Defendants have been unjustly
enriched.
15. That Plaintiff should be awarded interest at the
rate of 6% per annum on all sums found to be due from Defendants
to Plaintiff, and said interest should attach from the time each
payment of wages was due.
THIRD CLAIM FOR RELIEF
16. That during the calendar years 1970 and 1971,
Plaintiff performed 1, 086 hours of overtime work for the County
of Weld in excess of regular hours.
17. That the County of Weld has benefited from
Plaintiff's services.
18. That the reasonable value of said services is
$4,812.88.
FOURTH CLAIM FOR RELIEF
19. That Plaintiff incorporates all the allegations
contained in Plaintiff' s First, Second and Third Claims for
Relief as if fully set forth herein.
20. That if sufficient monies were not appropriated to
pay Plaintiff for this overtime work, that pursuant to CRS 36-2-3
(1963, as amended) , Defendants Harold Anderson, Marshall Anderson,
Glenn Billings and Harry S. Ashley are personally, jointly and
severally, liable to the Plaintiff in the amount of $4,812.38.
WHEREFORE, Plaintiff prays this Honorable Court to
enter judgment in favor of Plaintiff and against the Defendants
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in the amount of $4,812.88, plus costs, plus interest, and for
such other and further relief as this Court deems just and
equitable in the premises.
MASON, RELJLER AND PEEK,
PROFESSIONAL CORPORATION
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tto ys or Plaintiff
450 Equitable Building
Denver, Colorado 80202
222-5891
WHITE AND STEELE,
PROFESSIONAL CORPORATION
Atto ., eys fo - - ff
515 can Na zonal tank
iding
Denver, Colorado 80202
222-2591
August 9, 1972
+1r. Clyde Bennetts
Route 4. Box 200
Greeley, Colorado B0E31
Dear Mr. Bennetts:
Re: Clyde Bennetts vs. Board of County Commissioners.
Weld County, Colorado.
This letter is to inform you that the claim that You submitted to the Board
of County Commissioners of the County of Weld, State of Colorado, has been
denied for the following reasons:
1 . The voucher that you had submitted on or about the 7th day of
June, 1972, was not properly sworn to or subscribed to pursuant to
the requirements of Weld County or the laws of the State of Colorado.
2. That the aforementioned voucher wan not properly routed through
channels, to-wit, the County Sheriff of Weld County prior to submission,
to the Board of Courtv Conmissinnors.
3. That there are discrepancies on the voucher form as com^areJ to
the supporting information that you attached to the voucher.
For these reasons the Board of County Commissioner s has JeninJ your claim
against the County.
BOARD OF COUNTY C0,71ISSIONERS
WELD COW TY, COLORADO
By
enn K. Bi nos. Chairm
cc: Jon L. Lawri tson, Esq.
Daniel B. Sparr, Esq.
CERTIFIED - RETURN RECEIPT RETESTED
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