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Home My WebLink About780471.tiff RESOLUTION RE: DIRECTING THE PUBLICATION OF NOTICE OF PROPOSED AMENDMENTS TO THE WELD COUNTY HOME RULE CHARTER 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, Section 30-11-506 , CRS 1973 and Section 17-1 of Article XVII of the Weld County Home Rule Charter require the Board of County Commissioners to publish notice of proposed amendments to the Weld County Home Rule Charter. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the Clerk to the Board of County Commissioners is hereby directed to publish notice and the texts of the proposed amendments to the Weld County Home Rule Charter, said amendments being attached hereto and incor- porated herein by reference, and that said publication be made in accordance with Section 30-11-506, CRS 1973 and Section 17-1 of Article XVII of the Weld County Home Rule Charter. BE IT FURTHER RESOLVED that publication be made in the Johnstown Breeze, the Greeley Tribune, the Longmont Times-Call, and the Ft. Lupton Press. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of September, A.D. , 1978. BOARD OF COUNTY COMMISSIONERS ATTEST: < h WELD COUNTY, COLORADO Weld County Clerk and Recorder Let-l- and clerk to the Bo -d Deputy County lerk i ti APP D AS TO FORM: County Attorney Date Presented: Septanber 27, 1978 780471 /I& i2) —/ 60,C0 13 NOTICE At the next general election to be held on November 7, 1978, there shall be submitted to the qualified electors of the County of Weld, State of Colorado, for their approval or rejection the following amendments to the Home Rule Charter for Weld County, Colorado, to-wit: 1. An amendment concerning abolishing the Weld County Coun- cil, transferring its powers and duties, and transferring its property and records. Section 3-15 of Article III of the Home Rule Charter for Weld County, Colorado is amended to read: Section 3-15 — Vacancies. (1) A vacancy in the office of County Commissioner shall be filled by-apge4ntmertt-by-8eenitp 0..xn-il AS PROVIDED BY STATE LAW. (2) A vacancy in any other elected office, except Eeeweilrran; shall be filled by appointment by the Board. Said appointee shall be of the sane political party as that of the previous officer and the appointment shall be effective until the next general election, at which tine a person shall be elected for the remainder of the term, if any. Section 6-1 of Article VI of the Home Rule Charter for Weld County, Colorado is amended to read: Section 6-1 — Elective Officers. The Elective Officers of the County of Weld, Colorado, shall be five County Commissioners; iive-eemity-eeuxl- e ; one County Clerk, who shall be Clerk to the Board of County Commissioners; one County Sheriff; one County Coroner; one County Treasurer; and one County Assessor. The salary or compensation, term of office and qualifications of such officers shall be as provided in this Charter. Section 6-3 of Article VI of the Home Rule Charter for Weld County, Colorado is amended to read: Section 6-3 — Vacancy. Vacancies in elective offices, except County Commis- sioners en& County-eetweiirren shall be filled by the Board as provided by this Charter. Paragraph (4) of Section 6-5 of Article VI of the Home Rule Charter for Weld County, Colorado is amended to read: (4) Except for Eetngtyeeeneiire t-creel the Coroner, each County office shall be the primary employ- ment of the officer during the term for which he is elected or appointed. Paragraph (1) of Section 6-6 of Article VI of the Home Rule Charter for Weld County, Colorado is amended to read: (1) Compensation of all elected officers, except eeeaety-6atne }men, shall be fixed by-the Egw y-etftei-}- AS PROVIDED BY STATUTE. Paragraph (1) of Section 3-9 of Article III of the Home Rule Charter for Weld County, Colorado is repealed. The text of said paragraph as it presently exists is as follows: Section 3-9 -- Compensation. (1) Compensation of members of the Boaxd shall be fixed by the County Council. Paragraph (2) of Section 14-7 of Article XIV of the Home Rule Charter for Weld County, Colorado is repealed. The text of said paragraph as it presently exists is as follows: Section 14-7 — Limitation on Annual Tax Levy (2) Increased levy -- procedure. (a) If the Pnard be of the opinion, the amount of tax limited by the preceding section will be insufficient for the county needs for the current year, it may submit the question of an increased levy to the County Council, and the County Council shall exa- mine the needs of the County and ascertain from such examination the financial condi- tion thereof, and if in the opinion of a majority of the County Council that the County is in need of additional funds, the Council may grant an increased levy for the County in such amount as it deems appropriate, and the County is authorized to make such increased levy. However, no such excess levy shall be granted which will allow a greater revenue than would be produced by applying the previous year mill levy to the current years assessed valuation. (b) In case the County Council refuges or fails within fifteen (15) days after submission to it of an adopted budget to grant such in- creased levy, or all of it, or in the event an increase beyond that which the council is authorized to grant is sought, the question may be submitted to the qualified electors of the County at a general or special election called for that purpose. (c) Due notice of submission of the question of whether to grant the increase levy shall be given by the County Clerk for at least thirty (30) days in advance of the date set for the general or special election by giving a public notice as provided herein. If a majority of the votes cast at any such elec- tion is in favor of the increased levy as named in said election notice, then the County may make such increased levy. (d) In the event such increase shall be voted by the electors under the preceding subsections, the increased revenue resulting therefrom shall be included in determining the five per cent (5%) limitation in the following year. Paragraph (3) of Section 16-9 of Article XVI of the Home Rule Charter for Weld County, Colorado is repealed. The text of said paragraph as it presently exists is as follows: (3) Question referred to Council: In the event a question arises as to possible con- flict of interest between any county officer, mem- ber of an appointed hoard, or employee, and any enterprise or organization doing business with Weld County, the question will be presented to the County Council for review, investigation, decision and resolution. The judgment and decision of the council shall be considered final and shall be made a matter of public record. Paragraphs (11) and (12) of Section 16-10 of Article XVI of the Home Rule Charter for Weld County, Colorado are repealed. The text of said paragraphs as they presently exist is as follows: Section 16-10 -- Definitions (11) Council — The County Council. (12) Councilman -- A member of the Council. Article XIII of the Home Rule Charter for Weld County, Colorado is repealed and re-enacted to read: ARTICLE XIII COUNTY COUNCIL ABOLISHED Section 13-1 — County Council Abolished The County Council shall be abolished effective January 1, 1979. Section 13-2 — Transfer of Duties All powers and duties of the County Council shall as of January 1, 1979, be performed as provided by state law. Section 13-3 — Existing Property and Records. All property, records, equipment and supplies of the County Council, wherever located, on January 1, 1979 shall be transferred to the Weld County Clerk and Recorder. The text of said Article as it presently exists is as follows: ARTICLE XIII COUNTY COUNCIL Section 13-1 -- Cousition. The County Council shall consist of five members elected as follows: (1) Three nembers, each nominated, elected and residing in separate geographic districts as established in Article III, Section 3-2 of this Charter. (2) TGo members, each nominated and elected from the county at large. Section 13-2 — Qualifications of Members. (1) Councilmen from districts shall reside within their geographic districts when nominated, elected or appointed and during their terms of office. (2) Councilmen shall not hold any other county elective office and shall not be a county employee. Section 13-3 — Terms of Office (1) The terms of office of County Councilmen shall commence on the first working day of the year immediately following the general election at which they are elected and shall be for four years. (2) The term of office of a councilman shall continue until his successor is elected and qualified. (3) No person shall serve more than two conse- cutive terms as a councilman. Section 13-4 — Organization. (1) At its first meeting in January each year the Council shall elect, from among its members, a President, who shall preside over its meetings, and a Vice-President, who shall preside in absence of the President. (2) The Council shall adopt rules of procedure governing the time, place and conduct of its meetings and hearings, and the introduction of and action on notions and resolutions. The Council may also adopt procedures for requiring attendance of its members. All official meetings shall be open to the public, and no action shall be taken by the Council other than at an official meeting. A record of proceedings shall be taken and preserved, and it shall be a public record. (3) Regular meetings shall be held at least monthly on a day or days to be determined by the Council by resolution. Special meetings may be called by the President. A copy of the notice of a nutting shall be posted in a conspicuous place in the offices of the Board of County Commis- sioners at the time such notice is given to members of the Council. Section 13-5 — Quorum -- Majority -- Action. (1) Three of the members of the Council in office at the time shall be a quorum for the trans- action of business, but in the absence of a quorum, a lesser number may adjourn any meeting to a later time or date, and in the absence of all other members the President may adjourn any meeting for not longer than one week. (2) Any resolution to be adopted, amended, or repealed, or any other action of the Coun- cil shall require concurrence of three of the members of the Council in office at the time. (3) All official action taken by the Council shall be announced by the President or, in his ab- sence, by the Vice-President, and all official communications of the Council whether oral or written, shall be made by the President, or in his absence, by the Vice-President. Section 13-6 -- Compensation. A Councilman shall receive no compensation for his services, but shall be reimbursed for actual and necessary expenses incurred in the performance of his official duties. Section 13-7 -- Vacancies. (1) A vacancy shall be filled by appointment by the remaining members of the Council. (2) A vacancy shall exist when a Councilman dies, resigns, is removed from office, naves from the district from which elected, is incapaci- tated, recalled, or becomes a candidate for a county elected office or an employee of the county. Section 13-8 -- Powers and Duties. (1) The Council shall set the salaries of all elected officials. In the case of the Board of County Commissioners, the effective date of any change in salary may be delayed so as to provide for equal compensation for all commissioners at all times. (2) The Council may employ a secretary and such other employees, permanent and temporary, as it may require, pursuant to the County Personnel System. (3) A vacancy in the Board of County Commissioners shall be filled by appointment by the Council. Said appointees shall be of the same political party as that of the previous officer, and the appointment shall be effective until the next general election, at which time a person shall be elected for the remainder of the term, if any. (4) In the event a valid petition for recall is presented as provided in Article XV, the Council may suspend the officer being recalled, with pay, pending the recall election. In the event the Council suspends such officer, the Council may appiint sane qualified person to perform the duties of the office pending the recall election. In the event the officer is not recalled, he shall be immediately reinstated. (5) In the event an elected official is formally charged or indicted for the commission of a crime, the Council may suspend such officer, with or without pay, pending prosecution of the offense. If an elected officer is found guilty of any crime by a court or jury, the Council shall immediately suspend such officer without pay until his conviction shall become final and he has exhausted, or by failure to assert them, has waived all rights to new trial and all rights of appeal. At the time such officer's conviction is final, the office shall be vacant and the vacancy filled as herein provided. Should the officer be suspended from office by the Council, as provided in this section, be found not guilty in a state or federal court, either on appeal, original trial, or new trial, the Council shall forthwith reinstate such officer and he shall receive his back pay, unless, during such period of suspension, a successor to such suspended officer has been duly elected and qualified. In the event a successor to such suspended officer has been so elected and qualified, such suspended officer shall receive his back pay only up to the expiration date of his regular term of office and he shall not be reinstated or paid further unless he is such person duly elected and qualified. (6) The Council shall review all aspects of county government and shall make such periodic reports to the people relating to expenditures, efficiency, responsiveness, adherence to statutes, laws and regulations, and other matters as the Council deems advisable. Such report or reports shall be in such form as the Council shall determine and shall be filed with the Board of County Commis- sioners and copies furnished to all elected officers. (7) For the purposes of assisting the Council in carrying out the duties set forth in paragraph (6) above, the Council may appoint a performance auditor who shall be responsible solely to the Council. The Council shall determine his quali- fications and compensation. He shall serve at the pleasure of the Council. The office of performance auditor need not be a permanent position, but the office may be filled by the Council as it deems necessary. Section 13-9 -- Nomination of Councilmen. (1) Candidates for councilmen shall be nominated without regard to political party affiliation, by petition on forms supplied by the county clerk. A petition of nomination may consist of one or more sheets, but it shall contain the name and address of only one candidate. The petition may designate one or more persons as a committee to fill a vacancy in such nomination. (2) Nomination petitions may be circulated and signed beginning on the ninety-fifth day and ending on the forty-fifth day prior to the day of election. Each petition shall be signed by qualified electors in the following numbers: (a) For a candidate in the council at large, at least two hundred (200) qualified elec- tors residing within the county; (b) For a candidate from a geographic district, at least two hundred (200) qualified electors residing in the candidate's district; (3) Each qualified elector signing a petition shall add to his signature his place of residence by street and number, rural route and box number or other customary designation, except that a post office box number shall be insufficient. The circulator of each nomination petition shall make an affidavit that each signature thereon is the signature of the person whose name it purports to be and that each signer has stated to the circulator that he is a qualified elector of the county or county and dis- trict, as the case may be, for which the nomination is made. The signature of each signer of a petition shall constitute prima facie evidence of his qualifi- cations without the requirement that each signer make an affidavit as to his qualifications. (4) No petition shall be valid that dries not contain the requisite number of names of electors qualified to sign the petition. Any such petition may be amended in this respect at any time prior to fifteen days before the day of election. (5) An elector may sign more than one nomination petition. (6) Each nomination petition shall be filed with the County Clerk no later than the forty-fifth day prior to the day of election. Every such petition shall have endorsed thereon or appended thereto the written affidavit of the candidate accepting such nomination. The acceptance of nomination shall contain the full name and place of residence of the candidate. (7) The county clerk shall cause all nomination peti- tions to be preserved for a period of two years. All such petitions shall be open to public inspec- tion under proper regulation by the clerk. (8) Procedure for withdrawal shall be as follows: Any person who has been nominated and who has accepted a nomination may cause his name to be withdrawn from such nomination, at any time prior to eighteen days before election, by a written affidavit withdrawing from such nomi- nation. The affidavit stating withdrawal shall be signed by the candidate and filed with the clerk. (9) Objections to nominations. All petitions of nomination which are in apparent conformity with the provisions of this section, as determined by the clerk, are valid unless objection thereto is duly made in writing within three days after the filing of the same. In case objection is made, notice thereof shall be forthwith mailed to any candidate who may be affected thereby. The clerk shall pass upon the validity of all objections, whether of form or substance, and his decisions upon matters of form shall be final. His deci- sions upon matters of substance shall be open to judicial review. Said clerk shall decide objections within at least forty-eight hours after the same are filed, and any objections sustained may be remedied or defect cured upon the original petition, by an amendment thereto, or by filing a new petition within three days after such objection is sustained, but in no event later than the thirtieth day before the day of election. 2. An amendment deleting the requirement that the Board of County Commissioners act only by ordinance in matters of contracts. Paragraph (4) (b) of Section 3-8 of Article III of the Home Rule Charter for Weld County, Colorado, is amended to read: (b) Enact legislation including such means of enforce- ment thereof as shall be authorized by law, and otherwise formally promulgate county policy. Unless otherwise required by statute, the Board shall act only by ordinance in matters of legislation, eentraets; appropriations, and disposition of real property, and by ordinance, resolution or motion, as may be appropriate, in other matters. 3. An amendment deleting the requirement that there be a ten day waiting period for consideration and investigation of all bids received by the Board of County Commissioners over $2, 000. Paragraph (5) of Section 14-9 of Article XIV of the Home Rule Charter for Weld County, Colorado is amended to read: (5) All purchases of $2,000 or more shall be by written, sealed bids. end-bids-ever-$B76049 shai£-be-fell-eoaeel-by-a-ten-elay-per -£er eensideratien-anel-investigatien-e£-the-bids sutre LLed- e-eletermine-carparisens of qua} ty- end price. The Commissioners shall accept the bid they find to be most beneficial to the County. 4 . An amendment clarifying Section 5-2 of Article V so as to clearly require that the County Attorney be an attorney duly licensed by the State of Colorado for at least five (5) years immediately prior to his appointment. Section 5-2 of Article V of the Home Rule Charter for Weld County, Colorado, is amended to read: Section 5-2 — Qualifications The County Attorney shall be a resident of the County of Weld and e-elrrly-lieensed-atterney-£er-the SLaI �f Celerade- AN Al-IURNEY DULY LICENSED BY THE STATE OF COLORADO for at least five (5) years immediately prior to his appoinULent, and shall have been actively engaged in the practice of law during such five years. 5. An amendment deleting the requirement that formal written opinions of the County Attorney on questions of law be maintained by the County as public documents. Paragraph (3) of Section 5-3 of Article V of the Home Rule Charter for Weld County, Colorado, is amended to read: (3) The County Attorney shall, upon request of elec- tive county officers, issue formal written opinions on questions of law, whieh-spaii-be ma 3ned-by-the-eeenty-es public documents- 6. An amendment deleting the requirement that in the event of conflict between the Board of County Commissioners and any other county officer, such county officer shall be represented by the Weld County District Attorney and substituting that requirement that such county officer be represented by a special counsel. Paragraph (5) of Section 5-3 of Article V of the Home Rule Charter for Weld County, Colorado, is amended to read: (5) In the event of conflict between the Board and any other county officer, such county officer shall be represented by the WJ.d eetetty-Bistriet-Attorney A SPECIAL COUNSEL. 7. An amendment deleting the requirement that any person employed with Weld County, except an elected official , who seeks election to a partisan public office, must request a leave of absence, without pay, immediately after announcement of his can- didacy. Paragraph (B) (2) (f) of Section 4-2 of Article IV of the Home Rule Charter for Weld County, Colorado, is amended to read: (f) No employee shall, during working hours, engage in any political activity. Any-gersen ampleyea with the-eeenty;-exeept-en-ek.aca-effieiai;-who seeps-ei-eetien-te-a-Partisan publie-effiee;-ahali reefeest-e-ieare-ef-ebsenee;-witheet-Pay;-imre- ediateiy-after-enneeneement-ef-his candidacy- 8. An amendment repealing Paragraph (3) of Section 3-4 of Article III which presently prohibits a person from serving more than two full consecutive terms as County Commissioner. Paragraph (3) of Section 3-4 of Article III of the Home Rule Charter for Weld County, Colorado is repealed. The text of said paragraph as it presently exists is as follows : (3) No person shall serve more than two full conse- cutive terms as County Commissioner. 9. An amendment repealing Paragraph (2) of Section 16-8 of Article XVI which presently prohibits a person from serving more than two consecutive terms on any one appointive Board or Commission. Paragraph (2) of Section 16-8 of Article XVI of the Home Rule Charter for Weld County, Colorado is repealed. The text of said paragraph as it presently exists is as follows: (2) No person shall serve more than two conse- cutive terms on any one appointive board or commission. 10. An amendment repealing Paragraph (3) of Section 13-3 of Article XIII which presently prohibits a person from serving more than two consecutive terms as a County Councilman. Paragraph (3) of Section 13-3 of Article XIII of the Home Rule Charter for Weld County, Colorado is repealed. The text of said paragraph as it presently exists is as follows: (3) No person shall serve more than two conse- cutive terms as a councilman. AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO ) ) ss. COUNTY OF WELD ) I, Eugene Thomas, do solemnly swear that I am publisher of The Johnstown Breeze; that the same is a weekly newspaper printed, in whole or in part, and published in the County of Weld, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterrupted- ly in said County of Weld for a period of more than fifty-two consecutive weeks prior to the first publication of the annexed legal notice or advertisement; 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 weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of ..........consecutive insertions; and that the first publication of said notice was i the issue of said newspaper dated Seal A.D. 19 7V , and that the last publication of said notice was in the issue of said newspaper dated s ? g A.D. 197$ In witness whereof I have hereunto set my hand this 19171 day of s A.D. 19 7 f? A Publisher. Subscribed and sworn to before me. a Notary Public in and for the County of Weld,State of Colorado, this a 7 AC day of 'LD,„1 9 Notary PubYlic. My commission expires 111111 my Liit...,...—... c:re: :,;ptambcr 3, 11P1 Thursday,Sept.28,1978 —THE JOHNSTOWN BREEZE—Johnstown,Weld County CO 8O534-15 Public Notices Bgaa matters as the Council deems of an bids ti ue1vN by Ne 72 don o[County for the current year, it may Section 13-4-OrganlzaUon. yt,{eable.such report cc„pooh received by th over{2,000. submit the question of an in- °hall be in ch term m the ceased levy to the County (1) At its first meeting in Concil shah determine and shall Paragraph(5)of Section 14-8 of creased and the cent Conch January each year the Conch belted with the Board of County Article Xry of the Home Rule Countshall examine the needs of the shall elect, from among its Commissioners and copies fur- charter for Weld County, Colo. examinationand ascertain from ouch preside eside o e President,who shall nished to all elected officers. redo is amended to read: examination the tin the op condo- -Pover its who hall and e B Purchases tion thereof,and e in the y Council it in absence of who eha11 preside aseletl) For ng the the p rposes of tntics shall sealed a maturity of the County need of in absence of the President. e Allliebywritten.of sea ed or that the County is m need of out the duties set forth in Dide additional funds,the Council may (2) The Council shall adopt re a h((e)above,the Council 7.•_ ^ r--,++ ••. Grant n increased levy for the rules o[procedure governln1 the mayy-appoint a performance ""...aP -+Y , e County in such amount as it deems time, place and conduct of its udltor who shall be responsible ��_�,+........•»-...- --•w► appropriate, and the county le mcetinge and Itesrldge and the .sly to the Councils The Concil _ ' creiasoedsleiy.However,a nohsuch motions tl and oresoluutl ns. The shall determine his ppualifcationa The rcommissioners shall ecceut excess levy shall be granted which Council may also adopt proced- and compensation.He shall serve the bid they find to be most will allow a greater b revenue than urea for requiring attendance of of the pleasurece fper of the Concil.The beneficial to the County. would be produced by applying the its members.All official meetings need not be a permanent pet]on, 4 An amendment clarifying previous year mill levy to the shall be open to the public,and no but the office may be filled by the Section 5-2 de Article Vc ae to current years assessed valuation.caction shall than taken by the Council as it deems necessary. clearly require that the County Council other at an official Attorne D an attorney dui (b)In cane the County Council meeting.A record o[proceedings Section 13-g-Nomination o[ licenaedny the State of Colorado .fuses or fags within fifteen(15) shall be taken and preserved,and councilmen. for at least flat (5) years days offer budget submission to it of n ft shall be a public record. 1)Canmdate.[or hoot tie men immediately prior to his appoint- adopted budget all grant he menu. increased levy,a all of 1t,or in the (9 Regular meetings shall be hall be nominated without regard event he increase beyond that held at least monthly on a day or to political party affiliation, by Section 5-2 f Article V f the hies the council is authorized to daya to be determined by the petition on forma supplied by the Home Rule Charter for Weld grant is sought,the question may Council by resolution.Special oounty clerk. A petition o[ County,Colorado,is emended to be submitted to the qualified meetings may be called by the nomination may consist o[one or reed: electors of the County at a general mPresident.A copy of the notice of a more sheets,but it shall contain or special election called for that meeting shall be posted on a te name and address of only one Section 5-2-Qualifications purpose. coneplcuous place in the office.of candidate. The petltlon may the Board of County Commission- designate o e or more persona as The County Attorney shall De (c)Due notice of submission re at the time such notice is given a commiltee to fill a vacancy in a resident of the Count of Weld 1 the question of whether to grant to members of the Council. such nomination. y a ••y„_n^^+^y f w the increase levy shall be given by a 2)Nomination titionh may t.^o•_`__., —e°AN ATTOR- the County Clerk for at least thirty Section t n. Quorum—Ma- petitions NEY DULY LICENSED BY THE (30)days in advance of the date jority—Action. be circulated and signed begin- STATE OF COLORADO for at set for the general public special nine on the ninttv-Hfth day and least five(5)years immediately election by giving a pubiic notice (1)Three of the embers of ending en the torte-fItlt day tier rfor to his appointment,and shall as providedoerein.U a majoritvh the Council in office at the time to the day o[ election. Each have been actively ngsged in the of the votes cast at any each shall be a quorum for the the petition hall be signed by practice of law a ring such five increased lev in y as favor timed of said absenceon of of businessb uorom,but lecher qualified electors In the following Years. - numbers: election notice,then the County number may adjourn any meet theing (a)) Fora candidate m the 6 An amendment deleting the may make suc increased levy. absen a otiall otme her member and s the council t large, at least two t lrement that formal wrgltten (dl In the event each increase President may adjourn any meet- hunm,ed x(200) qualified electors oPwone of the County Attorney on shall a voted by the electors ing for not longer than one week. residing within the county; uuestlona of law be maintained by under the preceding subsections, the County as public documents. ,the increased revenue resulting (2) Any resolution to be (b) For canmdte from a Paragraph(3)of Section 6-3 of therefrom shall be included in adopted,amended,or repealed,or ge graphic phic district t least two Article V of the Home Rule determining the five per cent(5 any other action of the Council Hundred (200) qualified electors charter for Weld Count Rule per cent) limitation on the shall require concurrence of three resldmg m the candidate's dfa- Colo- following year. of the members of the Council in trio; redo,is amended to read: office at the time. (3)The County Attorneyshall, Picle Dph(S)of Section 18-6 le 3)Each qualified elector po request of elective county Aharte XVI f the County Rule All shall be annoaction unced by ¢(g fare nplece of it aidd to by u[ PUBLIC NOTICE- Charter for Weld County, Colo- the Council shall announced byni 0 fiesta, issue formal written rado is repealed.The text of said the President or,in his absence street and mber, rural route °S,kt ins on,queetlona_2c,laww NO ' paragraph as it presently exists is by the Vice-President, and all and box or other cuato- as fellows: official communications of the and dealgm number except that a "'-•y�-r'•,,„,,�n•M__;, AL Use next general election oncil whether oral or written, peat otflce box number shall be g Att amendment deleting the he beld on T 1878,�p (3)Question referred to Con- shall be made Dy thu¢P Vice Pie insufficient.The circulator of each requirement that m the vent 4 e^�-„�• bC ate auea>ztd en' m ma absence,by nomination petition shall make an on[11ct between the Board of ""{orb -r Wald, dent. ffidavit that each signature County Commissioners and any State of m r their In the event a question arises thereon is the signature of the other county officer,such county approveln i s to possible conflict of interest Section 13-B—Compensation. person whose name It rte to fficer shall be represented by the gmettdtnm4 TX: between any county officer,mein- be and that each signer has elated tyeld County District Attorney and Webs-wit; 8bi' o- bar of n appointed board, or A Councilman shall receive no in the circulator that he is a substituting that requirement that rado,fo-wit; ., emplo-tie and any enterprise or compensation for his services,but ¢the d elector of the she is a such county officer be represented or attfzation doing business with shelf be reimbursed for actual and 9euntyys and district,as the case b a s ciao counsel. 1, h B Weld County,the question will be necessary expenses incurred in may be for which the nomination Y eti 4pgtty Coon f seemed to me County Council the performance of his official is made.The signature of each pm,ograph(5)of Section 5-3 0[ ppV'r end fur review,on.The judgment ent and duties. Miner of a petition shall constitute Arttele V of the Home Rule ertY le apq.. TSIb6 1b Prop- and resolution.The ncll shall nt and prima facie evidence of his Charter for Weld County, Colo- e[u1•aed _ consi e d the conch bem de Section 13-7—Vacancies. qualifications without the require rado,1s amended to read: considered final and shall be made menu that each signer make an the a matter of public record. (1)I vacancy shall be filled affidavit as to this qualifications. (5) In the event of conflict Home eld by apPomtment byY the remaining between the Board and any other to ParagraFh (il) and (12) of members of the CouneLL. (4)No petition shall be valid county officer,such coat officer • ' Section Ruin of harter for f the (2)A vacant shall exist when that does not contain the requisite hall be represented by thebet Home Rule Charter for Weld vacancy number of names of electors shall be tip.r,-• •e-p(0 A Election 8.15 VatautoW County, Colorado are repealed. a Councilman dies, resigns, is qualified to al the petition.Any .+.. .The text of said Paragraphs as removed lfrom moffice,moves from a ch thin may be amended in SPECIAL COUNSEL. ''' tie ae tpilo e._lncapa llik ,recalled,or man}'time Prim'to 7. amendment del. the ( J,P ..R.AttY¢j(js hC yip fgblCh. ° la- fifteen days before the day of Anline filled fav Yyy. 1 Section 18-10 Definition comes a candidate fora county electlon. requirement that any P rein pR.eve' "B elected office or an employee of employed with Weld Count S� (5)An elector may of more seeexck.elect tion to a partisan public.u,{,,..i,,.y (11) Council The County the county. gun Council. than one nomination petltlon. office, must request a leave of '' be Section 13-8—Powers and absence,without pay,immediaie- `v"'"`;'. by of[rye 1 Cocilcllman—A member Duties. shall be filed Each nomination wit e Corny lY after announcement of hie he Co (1)tie The Council shall set the Clerk no later than the forty-fifth candidacy '.a/hatt Article XIII of the Home Rule salaries of all elected officials.In by prior to the day of election. Paragraph(H) 2 (f of Section -n. r ' the Charter for Weld County, Colo- the case of the Board of County Every a ch petition shall have 4-2 of Article IV of the Home Rule rado Is repealed and re-enacted to Commissioners,the effective date ndorsed thereon appended charter for Weld County, Colo- whirls •aHction,ai read: f any change in salary may be thereto the written affidavit of the ratio,is amended to read: Line • ...e the delayed so as to provide for equal candidate accepting ouch nomm ARTICLE XIII compensation for all commission non.The acceptance of nomm.- (f)No employee shall,Miring elected N " era at all times. tlon shall contain the full name working hours, engage in any Section le of article VI of the COUNTY COUNCIL ABOLISHED (2)•yea Council may employ a candidate. nd place of residence of the political activity.i•aspa+sea p�� Ttand date. Home Rple Ch�i er for Weld Section 13-1—County Council secretary and such other m- v�o,y,,,°.,+„e--,.� .•>y�--...°°e: ✓ tie ass e.i dp 1D amended mary,as may re uirent andtemper- (7) The county clerk shall �,,._-•,.A r..(„,_..,__ Abolished tempor- ary,as it may require pursuant m cause all nomination petitions to -Y u Section8.1----Ve°Meer' The County Council shall be the County Pereonet System. be preserved fora period of two ,U.-y{'..y, i- 1•• r•te° r All such petitions shall be 'r•+---- Ey¢Uva.CNtgp the abolished effective January 1, (3)A vacancy in the BoeM of open to public inspection under „eh.. i°t ° tit weld_ OWo!'ado shall be Duties be Conty Commissioners shall the regulation by the clerk. ties Ly omere'Lw filled by appointment by proper Sul 8. An amendment repealing one county Section 13.2—Transfer of Council.Said appointees shall be Paragraph(3)of Section 3-4 i svhoa _ 'Clerk to the Dutlea of the same ppoolitical party as that (g)Procedure for withdrawai Article DI which presently pro- of of the previous officer, and the shall be ae fuilows: MM.a person from serving more one County All powers and duties of the appointment shall be effective than two full consecutive terms as Co• roner;one" '1?easurer; County Council shall as of January until the next general election,at Any Person who has been County Cammtrahmer. ntire The 1,1876 be performed as provided which time a re rson shall beOr , nominated and who has accepted paragraph(3)of Section 3-4 of Assessor. of by state law. lected for the mainder of the a nomination may cause sin name Article Ili of the Home Rule as such term.if nY to be withdrawn from such charter for Weld County Cole. officers spy in We Section 13-8—Existing Prop- (4) In the event a valid nomination,at any time riot to redo is repealed.The text Hof said tifASecti arty and Records. sPeighteen days before election,by a Paragraph ae 1t presently exists is SeeUm$l of Article VI of the All PrnPer ll•records,eginP- ppcoviden d yin cArtl icle X resented the fit affidavitaffidavit withdrawing as[o➢owes 11' Concil may spend the officer H'om ch nomination.The affi- Hemt „uR Ie Charter for Weld menu and hupp ea of us Can Dim recalled,with pay,pending davit stating withdrawal shall be (3) No Verson shall serve Cobndp 1a amended to Council,wherever located, the recall election.miss event the signed by the candidate and filed ore than two full consecutive real: famed t 1 1876 shall be trans-a- with the clerk. terms as County Commissioner. tarred to the Weld County Clerk Council suspends such officer,the Section 84—Yeeancy. and Recorder. Concti may appoint some pua11- ) j g- pun amendment repealing •Vacancies in elective officer The text of said Article as It f ledthesrott cat Ppsendlnm the recall All petittions of nominationowm th Poe raps(2)of Section 18.8 0[ n sad prexittiy exists is u follows: electlon.m the event the officer Se are in apparent contormltyyn th Article XVI which presently ex: County Can shall the provision of tin.eecUo- ae prohibits a person from serving 1'1J C stall by this of recalled,he shall be Mimed- determined b the clerk,are valid re than two consecutive terms by the Hoard as warbled by this ARTICLE UN lately instated. unless objection thereto 1s duly e (}latter (5) In the event an lectetl made m writing with three days on any one appointive Board o COUNTY COUNCIL official is formally charged or fter the filing of the same.In ca. Commission. peragel*(4)�1dt Seetkm 83 of objection 1s made,notice thereof paragt.eVh(2)o[Section 18-3 of Arttele-amePuna s-Home.Rule Section 13-1-Composition. die therCouncil may suspend sell be forthwith mailed to an Article XVI of the Home Rule charter for W miytY.,• c° The County Council hall such officer,with or without pay, candidate who a be affected Charter for Weld County, Colo- rdo's consist of flue members elected as DendinB prosecution of the o[- Hereby.The clerk shall past upon rado{e repealed.The text of said (*) h' ,ty follows: fence.If n elected officer in found the haridifo of all objections paragraph as it presently exists is sf es Hmar (1) Three members each ullty of any crime b a court or whether of form or substance and m}ollowe: ottlreShall tyft L r dung nominated,elected and residing in �ury,the Concil conviction ate- shall ebe decisions piles attersn f aform andnern w,)ygh)ysyeleetedor toparato rtgunphoe districts on Y suspend such officer without (2) I•io wo rain shall area egtabllahea in ARlcle DI,Section pay until his cn he h shall maters of review.S idshall clerk open more than t consecutive terms 1)aK Ara:B$o[ 8-2 of this Charter. become final and he has ex- to judicial review.Said clerk shall on an one appointive board or Cliarter for ( haunted,or by failure to assert decide oblection within at least commloco,. A rely fo of-t redo Is amended to red : Colo- (2) Two members, each them,has waived all rights to new forty-eight hours atter the same Wald 9• nominated and elected from the trial and all rights of appeal.At are filed, and any objections 10. An amendment repealing of W elect county at large. the time such ice shell conviction ecant sustained may be remedied or p�8+aph(3)of Section 13-3 of LeM is final,the ethos shall be vacant detect cured upon the original Article XIII which presently it Section 18-2—Qualifications of and the vacancy filled as hereinonniess, petition by an amendment there- prohibits a person from serving AS ARC ED provided. to or by it a new petition more than two coneecutive terms Members. within three desYa after ch ...cc.,Councilman. H ATUT6.. (1)Councilmen from districts Should the officer be sus- objection is sustained,but in no parearaptt(1)dt Sectiai 8.8 le hall reside within their gee- pended from office by the CouncU, event later than the thirtieth daykrli paragre h W t section"gig aseeter pf t>w Home Mule RCaphic districts when nominated, as provided m this section, be before the day of election. Article XIII the Home Rule Charter for Weld Colo- elected or appointed and during fond not guilty in o elate or 2 An amendment deleting the Charter for Weld Count Colo- Cumty their terms of office. federal Dort, either on appeal. 1• raypp •ell's fly xi t.is original hall'or new trial. me requirement that the Board of do paragraph.It presently exists le u It pl7ssatly exists is (2)Councilmen shall not hold Concil shall forthwith reinstate Conti'ce in matter. o act tra by patalC Y any other county elective office each officer and he shall receive ordinance Pin matters of contracts. n follows: Section 8.8-pefppematien. end shall not be a county hpfeebeeck spay unless a su gessor ofPArticcle IIIh(o[(the HoemeoRule (31 No person shall serve employee. to such su�pended Mticer has been Charter for Weld County, Colo- more than two consecutive terms o(membersOf Section SS-3—Terms of Office duly elected and qualified.In the rado,is amended to read:Coun as a conciman. ty Consult. be fixed by the event a successor to such wa- ll) THE BOARD OF-COUNTY The terms of office of pended officer by been w elected (0) ch means of inenfor enforcement COMMISSIONERS Aotp�a ants(2 8enem 14-7 of County Councilmen shall tom- and qualified,ouch suspended fbeerbof as eholl be authorized by IL.OORRAADDOO 7YffV e t e Hpme Rule menace on the first workm day of officer shall receive his back pay Charter lerYBald Colo- the year immedlatelvwf5lowing oNY uP th the exPlraUat de te of law, and otherwipsoeU Mils formally �� [ado 15 Li L the general election a inch they hue regular term M office and ld promulgateulna 6y dafute,the BY,MARY ANN FE COUNTY CLERK gV- are elected and shall be for tour furl not to rein is such or told oB°trdshheallaact only by ordfance m AND RECORDER AND years. further unless be is inch paten matters of le Um„,, CLERK TO THE BOARD II dolt elected and qualified. appropriations.tend of pomtlon of 1.eey ltation on An. (2)The term of office of a BY.Rita Jo Kummer,Deputy Tax 1�Y councilman Mori continue until (e)The CaMeU shall. ant piuUaf mou.1:ba mb be ms successor le elected and all aspects of county government gpallffed and shall mats ms Needed,. appropriate,in other rotten. DATED:September 27,1878 —a) I a asecedure roped°to the .:Wdry, 3.An amendment deleting the PUBLISHED:September 25,1978�Itl[WOM "M (3)) No person shall serve expenditures siLclencY�efreatpsuP�tt°eem. �tdre t that there be a ten Wfn me John°awn to-Board so., fmatik limited 1djl ye mere E, „two gohMgntive,terms Lvwneeed,� a.,..„.ethe>s day waRbfirpertod for consfderd- Co.Legal,-78-714Cierk•to Beard Affidavit of Publication z't f :' STATE OF COLORADO • ' 'it* fix. a County of Weld, era T + , Arsas , , ._ . x� :.. ""' I 'Vickie vaywood of salt' M r rc+ '�rre <„ alt' at a ' " '' PMMM.eroctonrowd oPa said County of Weld,being duly sworn, say that I am Coloreds.lOtMlh ; * Woo*, mspecfbn row wePar ./ s an advertising clerk of "° y ltli d`s"` ` .namwaonm.Y THE GREELEY DAILY TRIBUNE,and . 4/'T, .t k ;a` '' rA . ¢ (a r f`a :*:at. can THE GREELEY REPUBLICAN (oSA YM�(R r.�eY l.rned3+..sf.'^' i By sraT , ..,,,. as '''r- r *'- :a*eppewd that the same is a daily newspaper of general (2) vK 1e T axco 8 -t.. s r �k • },as.irk w�Yero eW 1` there= circulation and printed and published in the City of 19o•ra,lael y4a -,�� t.,�,.�a$ - .oard, ',erta ,t. ds, drU t1.1;there=ttn• Per" � ' � „�,,.,, � � yWw Greeley, in said county and state; that the notice or acneiIt !` lit °� w• v ', , �+Rarb advertisement,of which the annexed is a true copy,has nnienad to root 11.•,.. ,4MeWel.- ,,,. +(p11bR ` tpietr l been published in said daily newspaper for consecutive Tn• aPhn* Ww. xawela : »`p�w mnaldmn;ple awl st' ,� : e a m40 hnri:a/Y.anW (days) (weeks); that the notice was published in the mnsanerth: -,w», "•^^ r,•*.'''''' •,'°=r ^Is Mien a' M�a.vnao:.MRreY°! regular and entire issue of every number of said anars+n t =' y n dtaefam: newspaper during the period and time of publication of • Idr"' yi. 'L, /s►nM l •, s 11'►Bead a county tw*• amended bred: ,, q ;., 1p a•aatua.. said notice, and in the newspaper proper and not in a }Ater 7aofArlkN 111 a Ole.Nan RUN Clue.et Wald S Vdc f•s—Vestty. sestla. vdcanclesroelactaa ani.ea.aeuar uNdy wmmrolyn«+sa.n ye plbdp oy airy, p>IrIp few; supplement thereof; that the first publication of said 9oare es rWhI t of Mr Cnaf0 of fM' path miwrof tatt.m 0m MKesi ps tell a Pwaweah "a f"C FS r. de vl ef the*OE Mtk '. '001°1. ante mWy Prdh..Ip•aoaunty r.,. UnIW ah.rwles notice was contained in the issue of said newspaper couar,Cpgredo n aa1.p0.M(t wd;„, y 4°`41 mY• tux ant ear by oMnence In max.n a leolaalon bearin date -9 e c o lid 4)nacoui rot MC mmott,sacnbuay•Rlceenr'iiii.N�r1vitar#MIe!� }{Ip!d1er/Mnfn a Ma fnouFty E by •taw ltl,rewlutbn er g menty,; �re lt.n.ff.,.an nenNeoflegnPoltdM• r .t.flin .1 and`a'•pwelrlaf4100MW wenta b...."fCweltroppMrod parepr.pn(1)a aeetan ai a e I.de V is r0P 14010th ataacMITp ftivoit 'i Meminrtrd ddasld IM r all bids MN Rae mr eosN a CouMY um: County,ConrNfa Is Fmob.to rad: h tsr o.lnd.."'", d kvwnWtbn of.11 Wt reslMid Iw a)Cempne Is o e.n.WS+d erean,aril lr f!a N 0 Ctob er A.D.19_., sTnruaev • a 1 win erN Mir^rMtr++wa.aurcMrrrrorMpw day of wrpt i matron 1ey,,, p Nt M fat l `" and the last publication thereof; in the issue of said et dh Rae YI4.7er►0iiato wad IhP4 Tne pm- e e c end 0o nq,F> rywae.Tn.ea■ra.NeMririPn notoo..a> ".lieatrom•taumv' newspaper bearing date the co.*, 'u�` ,r. .. •«lour—G1oPulNhrn• hAA unfndyKipfy¢a Ay thovttNctxrto for at Man10 (t)Com34—Cn neeetlMr•NIM...„...„...mo y loopy Cleo,vs CaadYAllaraY'IN`M1daIMY dyq llwesdM.„,r. ,NCeroredefw etlwtfive parawaah(2)",---.4"d"14?a Ardc10 xlv a Me No.W e'�h.NR,.. (s11ptK•nnln.dl (w fOun.pp°nYm a. AuntyCouaY.Colorado is .Tb6 MO O.°tpp pdrawa ff a trK..(MY�Nltfye,�a 8ktaa IIR. V ep1R thinfW Ru40 purr«r.r YNt Cwmv.[aarrto,b day of _ October A.D. 19_J;and*Intone ben nitetOT.0 , !w—tn°Nt'aa'd•wmrtT• uyl' -moonr,ot•cwltr°I i...(s)than that said The Greeley Daily Tr bane and The Greeley (21 nKreNes -"Nail"`RpcPMt. Ts°C, P pr u Iwr live(A rier.im- Ie)f/MesMform.0 aiyn.oMeamoumateu[UMW'[UMW' ain'T:: AWas$sY._T ti MDats ,I4. i00aa 1° Mo Republican, has been published continuously and awes1.p000d11wotthennnretanducurrnCYapIf �iiR7M, `saMatelrlfhh .,. um+.n Nan increased Coo y add CWmvnau.cn,an.the�e,�. I pr.MldtpY ' .: ,(.34...1..... uninterru tedl durin the period of at least six of an a the CWNY Mh ascwta.'fr too SINS S.Art sa"".......n.revel Ma• 1 w n rn epinrns Ot Me P Y g P m e,atmniotyendnaetnewf1Yanacouty ONO' It* *101 S«n4.0.0,0101•410&30.1"'vRem.vd+we+(40.edaf1 �°"fy'o°dlkd°• •nr• months next prior to the first issue thereof contained tw.aa.eeit000l rota.,11yp.�C*uocnm.ywN'taf 4r4°‘1""*""*"...stn- vwllempaWaCArlw/wwele co..., ttwtmt wtrdawne*Or le ene eamtyr0,44Ve»dat' cebrded.ramnntldtytw, said notice or advertisement above referred to,that said 1 yNaw.vN,ro100.dn wlwlnO 0,l,Nyes01 thU0 idf M • iwu 1140 AIrOW tt.uti relut/aeaaad ammY anew•,• 401- newspaper has been admitted to the United States manONd010iona*dby epgylta..went••odes fOr—CYfrNYT'n., wittfetl�al'rNr.esea Uw, es thuIn •rho . 4Elt .rtalnrm•#eafra hi0to mm.w0,indl nlcraawo.n t mails as second-class matter under the provisions of the lb)in Me CardY Counties Wan wfaW wmhm 11X0.0 00 O- ?.erq,uj,W,9gs4[1mr•ip..cdasdnyomN CBa ltof.h ,wamuwyoni<er.nen "W"'" {m0141143 erWe rw•1$dl drend+„•erii*t-a ydMerb$7oYmtYba vaePoo.n+nd+awnwn^otnarret rounty Act. ct of Maze 3, per i or any amendments thereof;and .vend 6n lnwew 6eye.UMa which the council ratlnrorWd apradth Me dulYat1,MYMy.waelMOpyesgcrN aeunwl. duly "W"'" Wbxamma.ro3 which the Mucroroa Meta_,.plMrlaM pWl roewel*lsras.crw+ssa.relcrvaM.Nome Rha(2hartrfar wero county that said newspaper is a l Bail drli2 ape e5ement5Udlifled .rare,,o"4""r" o ar ntlindipord ' s` y"nar wn' for publishing legal notices d dv rt th' 1)Due mutt N esbmiasrn a m.auestan of wnamR es wlstt 1M ., 'R.IwiitlN1#A•4 -1-• n hell be given by me County Cl k at lent thirty 13e)days AMMY,• wYud ` ;el*Nim t the meaning of the laws of the State of Cdorado. for Matoht Iwt.ciltramM0000ffapy13eaaysaR T,Am thidotd me,ellelreneeheo ,.,„,p z,=p, N• mat nYPim afe"Tat My such election Is m favor et Me 00.4.d-rvYal!11 Cehmt•gtea.6iM'iNtttedan•id°"0.Mld'Mje�d phllfacanfa mW m•aleel«xonn•tka man**,Caunry meY malawtt row uoe rqull.tl •YPb!1 P!'W'"' Ir►•1'•.hAtl11�y 'aMr dtttuwhc«runtanreeR ctob er ,�t '1'\7A, (e In Me Mar such lactatesnel t ya.)by me-1•,410.me..a bO.111f subsections,m.406rMM seven*rwlNrq mesarom fpoll t»NtcNN,�ld ha1.1r`• tit .f0Rfd sec!mire,...,,Arl@•lvaMlelane new[n.rhr far"',4"; tot-1 Cvlc'lr�e "' ELF,�I4 m40illdM.nr portent then seen*NNW Article XVIO theHo. CotMY.�aaaro rrmaborng WMb" .. PMewapn IN of Sectiond t utoele. a rMe.m.no ch.Iel'104)tra (f)Itanawin 00t n p..,' , king - -1 i 1•Inr.y-401 Aracnww. Co tY Colw.do n repealed.The tear of file perawaah es If...moron"ron"r M s.M en10ndisu r r 000,,,,.."4"..4.7.J.l M fe 4bn lt a Articl.iii..ich i Pi'w 'tad.to fWl ca...chh)Wt t•/m.t followe.Dutlan reidr.e ro ewncn' i �ec �dn .p ('1 1`�Q in Meay.nt a gwfrn vest es°P"""i.coonict of inleresl pawetatw 0.00 p.rewaW(2I YI salon 21 a ArtkM in a nh.lame Rule Charter tor Weil ctrl er m..tb.r a an.opt be.r,w*Mane.and pM slrs P.aW tWlta( a4 u wwM1,V•x110 n aoanl,app et.W eoOrl„"4"'"t erqu.grl nit A A rtising Clerk organ corteli04 rwaw, if deslnie e"7gawrWp. to '' y'Pe't" •w i ifwe Ia rwa arm•r nenry y net acnlen°f'bemudtp des °tNid!r•°r�wrWq•b°9'1 *Ur gA,IInf xv 1 Subscribed and sworn to before me this r.rwad•wMMd2'cdarakY. r uTee°paid+'irtlin ie ltaiwwM1100lhv`'0 if m sip a . :,., qT nctober 'e " rtw t* ., tda a Rua Cartel•for wad end day of A.D. 19 event 1.es.aRaW ,• ' pp+elaty•0010 r t nestae rcit � `, , CWMo'r eda , •t(Ii CeuINR 3�'CpYaY Celitn. �_`r,' y1 ': 'I}naienym.o.pootiHo My cornrr]Mtiion�xpires Ie21lXhiiotalr^•-.Cf WnARa pN COW[k Orflbp.r•M'MG / ,Fe Article xiltof the Name Rut dRTIC for weld ea,ntr,Cororaa r rdpyfa.rd a,e,d.dr COnIm6lbn. des Re (7J N MfxH%111 &i[(+"((L 2 '2 7 re.enactad ro read: 11.An ent....0"moth' toot pn aaneuxnl wefWdaprMaM■teiwthataRvagl.erelMntwomlNewrwdwnatC.unry ('pD(IYr council.ASOCtMRO _ Notary Public ptty T3J''In3....,t1,40 rt�N'Iiw xM•til4"""41MIP*thl". *"'''" decll.n'County —tower Ales$$ `folios. olios ,Caanaea r,_.... If,.Mxf of all per.wP/h es n pre.ttly exa10 r 00 The COYNY Councl slNllestplleNdaneclNN lantrY Y,W7.. t EIEES s.aan(33-TrM.Nr a DYlrs �r rest .,�rd�. .s•: All poi34 and duns a Ma . COW(c1 Mull the a JanterY 1,H14,. , ,Po 40-"„,. ,.., ,„ ,', tD a1G5,...4 rormeYlp'wovldeq:�r ant.few. , • A00 pesppp. .}^l1ddMM..rtT eM Ralafd.. N6Y: R7ANIt.. Us aT[W All wdPerry,rata«,eWipmant aM supplies a me Ctroay Council,wd` L .. �,..*• t- locetee,ttnJey 01,1919 shall be transfer to ef` DATED:a.pionbnr'A.WI The Greeter DahTradM October 2,1971 ARTICLE XIII COUNTY COUNCIL Section 13-i—Composition. - The County Council shall consist of five members elected as follows: 111 Three members,each nominated,elected and residing in separate geographic districts as established in Article III,Section 3.2 of this Charter. (2)Two members,each nominated and elected from the county at large. Section 13.2—Qualifications of Members. (1)Councilmen from districts shall reside within their geographic districts when nominated,elected or appointed and during their terms of office. (2) Councilmen shall not hold any other county elective office and shall not be E county employee. Section 13-3—Terms of Office (I1 The terms of office of County Councilmen shall commence on the first working day of the year immediately following the general election at which they are elected and shall be for lour years. (21 The term of office of a councilman shall continue until his successor is elected, and qualified. (3)No person shall serve more than two consecutive terms as a councilman. Section Ile—Organization. (11 At its first meeting in January each year the Council shall elect,from among its members,a President,who shall preside over its meetings,and a Vice-President,who shall preside in absence of the President. (2)The Council shall adopt rules of procedure governing the time,place and con- duct of its meetings and hearings,and the introduction of and action on motions and resolutions. The Council may also adopt procedures for requiring attendance of its members.All official meetings shall be open to the public,and no action shall be taken by the Council other than at an official meeting.A record of proceedings shall be taken and preserved,and it shall be a public record. (3) Regular meetings shall be held at least monthly on a day or days to be deter- mined by the Council by resolution.Special meetings may be called by the President.A. copy of the notice of a meeting shall be posted in a conspicuous place in the offices of the Board of County Commissioners at the time such notice is'given to members of the Council. Section 13-S—Quorum—Majority—Action. (1)Three of the members of the Council in office at the time shall be a quorum for the transaction of business,but in the absence of a quorum,a lesser number may ad- bourn any meeting to a later time or date,and in the absence of all other members the President may adjourn any meeting for not longer than one week. 121 Any resolution to be adopted,amended,or repealed,or any other action of the Council shall require concurrence of three of the members of the Council in office at the time. (31 All official action taken by the Council shall be announced by the President or, in his absence,by the Vice-President,and all official communications of the Council whether oral or written,shall be made by the President,or In his absence,by the Vice- President. Section 13-6—Compensation. A Councilman shall receive'no compensation for his services,but shall be rein.... bursed for actual and necessary expenses incurred in the performance of his official duties. Section 13-3—Vacancies. (II A vacancy shall be filled by appointment by the remaining members of the Council. (2)A vacancy shall exist when a Councilman dies,resigns,is removed from office, moves from the district from which elected,is incapacitated,recalled,or becomes• candidate for a county elected office or an employee of the county. Section 13-d—Powers and Duties. (1)The Council shall set the salaries of all elected officials.In the case of the Board of County Commissioners,the effective date of any Change in salary may be delayed a0 as to provide for equal compensation for all commissioners at all times. (21 The Council may employ a secretary and such other employees,permanent and temporary,as it may require,pursuant to the County Personnel System. (31 A vacancy in the Board of County Commissioners shall be filled by appointment' by the Council. Said appointees shall be of the same political party as that of 111e previous officer,and the appointment shall be effective until the next general election, at which time a person shall be elected for the remainder of iheterm,if any. (al In the event a valid petition for recall is presented as provided in Article XV,Me Council may suspend the officer being recalled,with pay,pending the recall election.In the event the Council suspends such officer,the Council may appoint some qualiflad person to perform the duties of the office pending the recall election. In the event th• Officer is not recalled,he shall be Immediately reinstated. IS) In the event an elected official'is formally charged or Indicted for the coot.. mission of a crime,the Council may suspend such officer,with or without pay,pen prosecution of the offense.If an elected officer is found guilty of any crime by a court ot jury,the Council shall immediately suspend such officer without pay until his dan- viction shall become final and he has exhausted,or by failure to assert them,her waived all rights to new trial and all rights of appeal.At the time such officer's con- viction is final,the office shall be vacant and the vacancy filled as herein provided. Should the officer be suspended from office by the Council,as provided in MN section,be found not guilty in a state or federal court,either on appeal,original trial.dr new trial,the Council shall forthwith reinstate such officer and fleshed receive his Oatk pay,unless,during such period of suspension,a successor to such suspended officer li Oll been duly elected and qualified.In the event a successor to such suspended officer hr been so elected and qualified,such suspended officer shall receive his back pay only up to theexpirafion date of his regular term of office and he shall not be reinstated or a10 further unless he is such person duly elected and qualified. (6)The Council shall review all aspects of county government and shall make sods periodic reports to the people relating to expenditures, efficiency, resonsiven** adherence to statutes,laws and regulations,and other matters as the Council defect. advisable.Such report or reports shall be in such form as the Council shall deter ' and shall be filed with the Board of County Commissioners and copies furnished „ elected officers. Ill For the purposes of assisting the Council in carrying out the duties set forplbl paragraph Is) above,the Council may appoint a performance auditor who shall tit responsible solely to the Council.The Council shall determine his qualification compensation.He shall serve at the pleasure of the Council.The office of pertor auditor need not be a permanent position,but the office may be filled by the Count*pdd it deems necessary. Section 13-9—Nomination of Councilmen. (I)Candidates for councilmen shall be nominated without regard to political*** .. affiliation,by petition on forms supplied by the county clerk.A petition of omi may consist of one or more sheets,but it shall contain the name and address of only candidate The petition may designate one or more persons as a committee to .. vacancy in such nomination. (2)Nomination petitions may be circulated and signed beginning on the ninet day and ending on the forfYf ifth day prior to the day of election.Each petition sh signed by qualified electors in the following numbers: (a) For a candidate in the council at large,at least two hundred 1200)Cu electors residing within the county! - Ibl For a candidate from a geographic district,at least two hundred(200)q electors residing in the candidate's district: 131 Each qualified elector signing a petition shall add to his signature his pl residence by street and number,rural route and box number or other cue designation,except that a post off ice box number shall be Insufficient.Theclrcul each nomination petition shall make en affidavit that each signature Maroon signature of the pv'ron whose name it purports to be and mad each Signer has tf the circulator that he is a qualified elector of tht count m..y and district case may be,for which the omindtloc ii u`ifr the signal.re of each signer@ a petition shall consf(p W,ma facie evidence of his qualifications withouf<'hale requ, li A',:inafeach signer make an affidavitastohisquaiitications. s (4)No petition shall be valid that does not contain the requisite number of ha electors qualified to sign thepetitlon.Any such petition may be amended in this respect at any time prior to fifteen days before the day of election. IS)An elector may sign more than one nomination petition. °4 :, Hello