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HomeMy WebLinkAbout20062796.tiff ORDINANCE NO. 235-A IN THE MATTER OF A SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2006 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, Colorado, and WHEREAS,Section 29-1-111.5,C.R.S., 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 appropriated monies between spending agencies within a fund, and WHEREAS,Section 29-1-111.5, C.R.S., 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 other than the local government's property tax mill levy,the governing board of the local government may authorize the expenditure 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 2006 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 bya contingency which would not have been reasonably foreseen at the time of the adoption of the 2006 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 said budget, by Ordinance duly idopted by two-thirds of the vote of the governing body; however, Section 3-14(6) of the Weld :,ounty Home Rule Charter requires any ordinance which is declared therein to be an emergency xdinance 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 Colorado, that the supplemental appropriations for fiscal year 2006 in various County funds, as more fully set forth in the attached Exhibits,which were made necessary by an emergency caused by a contingency which could not have been reasonably foreseen at the time of the adoption of the 2006 budget be, and hereby are, approved. BE IT FURTHER ORDAINED by the Board that an emergency exists which requires that Supplemental Appropriation Ordinance No.235-Abe,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 FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining 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 a'JCCJF�-'��/lc any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. Published: September 27, 2006, in the Ft. Lupton Press Read and Approved: October 2, 2006 Published: October 11, 2006, in the Ft. Lupton Press Effective: October 2, 2006 ORDINANCE NO.235-A PROOF OF PUBLICATION BE IT FURTHER ORDAINED by IN THE MATTER OF A the Board, if any section, n FORT LUPTON SUPPLEMENTAL lause,subsection, paragraph, sentence,this APPROPRIATION FOR THE clause, or phrase of this YEAR 2006 Ordinance is for any reason held STATE OF COLORADO or decided to be unconstitutional, �. BE IT ORDAINED BY THE such decision shall not affect the COUNTY OF WELD SS. BOARD OF COUNTY validity of the remaining portions COMMISSIONERS OF THE hereof. The Board of County COUNTY OF WELD,STATE OF Commissioners hereby declares COLORADO: that it would have enacted this Ordinance in each and every I, Karen Lambert, do solemnly swear that I WHEREAS, the Board of County section, subsection, paragraph, Commissioners of the County of sentence, clause, and phrase am the Publisher of the Fort Lupton Press; Weld,State of Colorado,pursuant thereof irrespective of the fact that to Colorado statute and the Weld any one or more sections, that the same is a weekly newspaper printed County Home Rule Charter, is subsections, paragraphs, vested with the authority of sentences, clauses, or phrases administering the affairs of Weld might be declared to be and published in the County of Weld, State County,Colorado,and unconstitutional or invalid. of Colorado, and has a general circulation WHEREAS, Section 29-1-111.5, Published:September 27,2006,in that said newspaper has been C.R.S., provides that if during therein; the the Ft.Lupton Press fiscal year the governing in view board f the pP published continuously and uninterruptedly deems it necessary,in of the Read and Approved: October 2, needs of the variousoffices or 2006in said county of Adams for a period of more departments, it may transfer budgeted and appropriated Published. October 11, 2006, in than fifty-two consecutive weeks prior to the monies from one or more the Ft.Lupton Press Y- spending agencies in one fund to one or more spending agencies in Effective:October 2,2006 first publication of the annexed legal notice another fund and/or transfer budgeted appropriated monies or advertisement; that said newspaper has bftne n spending agencies within been admitted to the United States mails as and WHEREAS, Section 29-1-111.5, second-class matter under the provisions of C.R.S., provides that f during the the act of March 3, 1879, or any fiscal year the governing body or any spending agency received unanticipated revenue or revenues amendments thereof, and that said not assured at the time of the adoption of the budget from any newspaper is a weekly newspaper duly source other than the local government's property tax mill qualified for publishing legal notices and levy, the governing board of the local government may authorize advertisements within the meaning of the the expenditure of these unanticipated or unassured funds laws of the State of Colorado. That the by enacting a supplementary budget and appropriation,and annexed legal notice or advertisement was fHEREAS, the Board of County published in the regular and entire issue of ,t missioners of Weld County been advised that every number of said weekly newspaper for in accordanceotal with appropriations, above,need the period of 1 consecutive insertion(s); and to be made in fiscal year 2006 in various County funds, as more that the first publication of said notice was in fully set forth in the Exhibits attached hereto and incorporated the issue of newspaper, dated 27th day of herein by reference,and September, 2006, and the last on the 27th WHEREAS, this is an emergency caused by a contingency which day of September, 2006. would not have been reasonably foreseen at the time of the adoption of the 2006 budget,and WHEREAS, by Section 29-3-114, C.R.S., the goveming board of a county does, in an emergency situation, have authority for the expenditure of funds in excess of said budget, by Ordinance duly adopted by two-thirds of the vote of the goveming body; however, Section 3 7 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 Colorado, that the supplemental Publisher. Subscribed an orn before me, this the appropriations for fiscal year 2006 in various County funds, as more 22nd day of September, 2006. fully set forth in the attached Exhibits, which were made necessary by an emergency caused by a contingency which could not have been reasonably foreseen at the time of the adoption of the 2006 budget be, ...awl �./hereby are,approved. 0 . IT FURTHER ORDAINED by Notary Public. ..,e Board that an emergency exists which requires that Supplemental Appropriation Ordinance No. 235-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. CASE NO.401951 key 33004 Hello