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OFFICE OF COUNTY ATTORNEY
11 PHONE (303) 3564000
DfC3 1980 P.O.BOX 1948
GREELEY,COLORADO 80631
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EFLEY.
WI I D C. COLD.
COLORADO December 3, 1980
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, Colorado 80631
Ladies and Gentlemen:
You have requested a legal opinion as to whether or not the Board
of County Commissioners of Weld County, Colorado may legally
change or readjust the mill levies which were certified to the
State of Colorado, Department of Local Affairs - Division of
Local Government, prior to the statutory date of submittal which
was November 15, 1980.
After consulting the statutes of the State of Colorado and after
personal contact with the Department of Local Affairs - Division
of Local Government, it is my conclusion that the Board of County
Commissioners can, in fact, make changes in the contemplated mill
levies for fiscal 1981 so long as they are adopted early enough
to allow for the transmittal of these levies to the Department of
Local Affairs - Division of Local Government prior to the end of
calendar 1980 and further provided they are available in time to
reasonably feed the new mill levies into the computer so that tax
bills may be properly prepared for mailing to the taxpayers of
Weld County.
In the event, however, that a change in the road and bridge mill
levy for fiscal 1981 is contemplated by the Board of County Com-
missioners, it is going to be necessary to make new determinations
as to the total amount of revenues which will be available to the
County for fiscal 1981 and to make cuts in the budget and changes
in the appropriation resolution in order to reflect the "new" bud-
get for fiscal 1981. Since the 1981 budget exceeded the"58 limitation
provided for in the Weld County Home Rule Charter, any change in
the road and bridge mill levy would necessitate restructuring the
1981 budget and resubmitting the 1981 budget for consideration
to the Weld County Council for approval. This is on the assumption
that any amended budget for fiscal 1981 would, in fact, exceed the
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Board of County Commissioners
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December 3, 1980
5% limitation imposed by the Weld County Home Rule Charter. The
logistics of any change in the mill levy and/or budget for fiscal
1981 are factors which must be considered by the Board in deter-
mining what, if any, changes should be made concerning the 1981
road and bridge mill levy.
You have further inquired as to whether or not Weld County must
adopt a mill levy for the road and bridge fund for fiscal 1981.
The answer to this question is no inasmuch as the imposition of
a mill levy for the road and bridge fund is discretionary. The
statute concerning the road and bridge mill levy is 43-2-203 (2) ,
CRS 1973. The statutory provision states, in part:
"The board of county commissioners in each county
is authorized to levy such rate of tax on all
taxable property located within the county as
required. . . "
I trust this will answer the questions posed to me at the County
Commissioner meeting on November 25, 1980.
Very t ly yours,
Thomas O. David
Weld County Attorney
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