HomeMy WebLinkAbout800551.tiff OFFICE OF WELD COUNTY COUNCIL
PHONE (303) 356-0000 EXT.482
915 10TH STREET,ROOM 339
GREELEY,COLORADO 80631
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COLORADO
JU,i 1 1980
June 9, 1980 'REEIEY COLD.
Board of County Commissioners
Weld County Centennial Center
Greeley, Colorado 80631
Ladies and Gentlemen:
The County Council held a meeting on June 5, 1980, pursuant
to a notice. At the meeting a decision was held on three
different matters which are of interest to the Board of
County Commissioners of Weld County. They are as follows:
1. The County Council at present is appointing a new
member to a vacancy on the County Council to a term of office
to end at the time that the original term of office was to
terminate. This is pursuant to the opinion of Robert Ray,
County Council attorney. On more than two occasions requests
have been made to the County Clerk to have a declaratory
judgement brought to determine a court decision which states
if County Council can fill vacancies to the end of term or
if the appointment of the vacancy would be limited to the
next election, or to what date.
It is our understanding that the County Clerk is under
advisement from the County Attorney that County Council is
authorized to fill a vacancy to the next election. County
Council feels this is a matter to be determined by a court
decision. We would appreciate it if the County Commissioners
would have the County Attorney get a declaratory judgement
in District Court determing this matter.
2. County Council feels the present Charter provision per-
mitting County Commissioners to act by ordinance in all sales
of real estate is a wasteful provision and poor business
procedure for the county. We would like to see a Charter
Ammendment submitted to the people for approval at the election
8 00 55 1
Board of County Commissioners
Page 2
June 9, 1980
this fall ammending the Charter provision to permit the County
Commissioners to sell land of minimal value by resolution and
order rather than by ordinance.
The County Council would be happy to participate in this matter
to the end that a strictly sound ammendment can be submitted
to the people for approval in November.
3. County Council is mindful of the memo from Mr. Warden of
June 2, 1980, advising it is time to get into budget matters.
The County Council is not unmindful of the fact that Weld
County has been able to operate without increasing the budget
limitation of 5% during the last four years, and we are
mindful of the fact that no request has ,been made for increase
in budget since the establishment of the Home Rule Charter.
It is the consensus of the present members of County Council
that the Charter was adopted by the people for one good
reason--that there was a limitation on the expenditures of
the county as provided by the Charter.
In view of the fact that the people have voted the limitation,
the present County Council members feel it would be preferable
procedure for any request for increase to be submitted to the
people at the coming election. Since the holding of a special
election is an expensive procedure, County Council would
recommend to the County Commissioners that if possible the
budget provisions be expedited to the point where the vote
of budget limitations can be submitted in the general election
in November of 1980, rather than at a special election at
another time.
These suggestions are submitted to the board of County Com-
missioners in the spirit of helpfulness and in the interest
of good government for Weld County Colorado.
Respectfully Submitted,
WELD COUNTY COUNCIL / .
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Ralph Waldo
President
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GREELEY, COLORADO 80631
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June 16 , 1980 r
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Mr. Ralph Waldo , President
Weld County Council `"""bt' SO-
915 10th Street , Room 339
Greeley, CO 80631
Dear Mr. Waldo and Council Members :
The Board wishes to provide the following information in response
to your letter of June 9 , 1980 :
1) County Council Term of Office : It is the understanding of
the Board that the terms of office of County Council members are
matters treated by the Weld County Home Rule Charter and the
statutes of the State of Colorado . The County Clerk and Recorder
has the duty and obligation to carry out the administrative
duties concerning the conduct of elections in Weld County. Mrs .
Feuerstein has sought and received advice from the Weld County
Attorney concerning her duties with regard to making available
petitions and whether or not ballots should be prepared which
include candidates for election to the Weld County Council in
Districts #1 and #3 at the November , 1980 election. Mrs . Feuer-
stein was asked by the Weld County Attorney as to whether or not
she desired to have a judicial determination of the question, and
she replied that she did not feel that it was necessary to seek a
declaratory judgment . The Board of County Commissioners has been
advised that they are not an "affected party" and therefore ,
would lack standing to seek any judicial determination of the
length of terms of members of the Weld County Council . The Board
has further been advised that there must be a justiciable issue
or legal controversy in existence and not the mere possibility
that some question might arise at some future time .
2) Charter Amendment : The Board appreciates the Council ' s
recognition of the administrative difficulty of implementing some
of the Charter' s provisions . The Board would, of course , review
any draft proposal for a Charter amendment which the County
Council may wish to submit. We could act on such a proposal no
later than the Board meeting of October 1st , 1980 , in order to
meet the Charter' s 30-day notice provision and the 1980 General
Election certification requirements ; we would, however , wish to
review the draft in depth prior to that time .
County Council
June 16 , 1980 -- age Two
3) Budget Limitation : The Board recognizes your concern with
reviewing a request for an increase in the budget limitation;
however , the Home Rule Charter states , in Section 14-7 (2) (b) :
In case the County Council refuses or fails within fifteen
(15) days after submission to it of an adopted budget to
grant such increased 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 .
Neither of the above situations allowing the Board to refer a
ballot question can occur until completion of the budget and
hearing process and the certification of the assessed valuation
by the County Assessor . A number of factors would limit the
possibility of completing the budgetary process and the Charter-
established procedures in time to certify any ballot question by
the October 3rd deadline . At this time , the Board does not have
the information on assessed valuation and budgetary needs , which
would be a prerequisite to any determination to seek a ballot
item on increasing the budget limitation. If and when such a
determination is made , the Board will proceed to implement the
provisions established in the Charter.
The Board appreciates the spirit in which the County Council ' s
suggestions were made . It is our hope that you will recognize
the legal and practical limitations contained in our response to
your concerns . Please do not hesitate to contact me if you have
any questions concerning these matters .
Sincerely,
C. W. Kirby, Chairman
Board of Weld County Commissioners
clb
cc Mary Ann Feuerstein
Don Warden
Tom David
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