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ORDINANCE NO. 57-A
IN THE MATTER OF THE REPEAL AND RE-ENACTMENT WITH AMENDMENTS OF ORDINANCE NO.
57, FEES FOR SERVICES PERFORMED BY THE WELD COUNTY SHERIFF.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO:
WHEREAS, Ordinance No. 57, promulgated pursuant to Section 30-1-104, CRS
1973, as amended, providing for Fees for Service of Civil Process by the Weld
County Sheriff, was previously passed and adopted on the 29th day of October,
1979, and
WHEREAS, Section 30-1-104, CRS 1973, as amended, was further amended
after the passage and adoption of Ordinance No. 57 to increase the maximum
allowable fee for service by county sheriffs, and
WHEREAS, the actual expenses for service of civil process by the Weld
County Sheriff are, in most cases, equal to or greater than the maximum fee
for service of civil process allowed by Section 30-1-104, CRS 1973, as
amended, and
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Weld County, Colorado, that Ordinance No. 57 previously enacted by, and hereby
is, repealed and re-enacted with amendments as follows:
Section I. FEES OF SHERIFF
Pursuant to Section 30-1-104, CRS 1973 (1977 Replacement Vol. and 1978
Cumulative Sup.) , fees collected by the Weld County Sheriff shall be as
follows:
(a) For serving and returning summons or other writ of process not
specified in this section, and not specified by State Statute, with
or without complaint attached, on each party served, FIFTEEN
DOLLARS ($15.00) ;
(b) For making a return on a Summons not served, for each party, FIVE
DOLLARS ($5.00) ;
(c) For serving and returning each subpoena on each witness, SEVEN AND
50/100 DOLLARS ($7.50) ;
(d) For making return on a subpoena not served, FIVE DOLLARS ($5.00) ;
(e) For serving each juror, FIVE DOLLARS ($5.00) ;
(f) For serving and returning writ of attachment or replevin, on each
party, SEVEN AND 50/100 DOLLARS ($7.50) ;
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F 0814 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
950897
(g) For serving garnishees summons on each party, SEVEN AND 50/100
DOLLARS ($7.50) ;
(h) In making demand for payment on executions when payment is not made,
ONE DOLLAR ($1.00) ;
(i) For levying execution or writ of attachment, besides actual
custodial and transportation costs necessarily incurred, SEVEN AND
50/100 DOLLARS ($7.50) ;
(j) For levying writ of replevin, besides actual custodial and
transportation costs necessarily incurred, TEN DOLLARS ($10.00) ;
(k) For making and filing for record or certificate of levy on
attachment or other cases, SEVEN AND 50/100 DOLLARS ($7.50) ;
(1) For serving writ with aid of posse comitatus with actual expenses
necessarily incurred in executing said writ, FIFTEEN DOLLARS
($15.00) ;
(m) For attending before any judge, court not being in session, with
prisoners with writ of habeus corpus for each day of twelve hours or
fraction thereof, TWELVE DOLLARS ($12.00) ;
(n) For attending courts of record when in session, per diem of twelve
hours or fraction thereof, TWELVE DOLLARS ($12.00) ; but the
attendance upon the County Court shall be certified by the judge of
said Court at the close of each month;
(o) For advertising property for sale, besides the actual cost of
advertising, actual expenses, but not more than SEVEN AND 50/100
DOLLARS ($7.50) ;
(p) For making certificates of sale previous to execution of deed, or on
sales of personal property, SEVEN AND 50/100 DOLLARS ($7.50) ;
(q) For executing and acknowledging deed of sale of real estate, TEN
DOLLARS ($10.00) ;
(r) For taking, approving, and returning bond in any case, TWO AND
50/100 DOLLARS ($2.50) ;
(s) For transporting insane or other prisoners when the Court, in its
discretion, orders that a prisoner be transported to a Court other
than the one in which he would normally appear, besides the actual
expenses necessarily incurred, a mileage allowance of not less than
TWELVE CENTS (12e) nor more than the maximum allowance provided for
State officers and employees under Section 24-9-104, CRS 1973, as
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F 0815 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
determined by resolution of this Board, except that such mileage
shall be only by one officer and no mileage shall be charged upon
the guards attending the officer having custody of the prisoner;
(t) For services in sales of real estate on an execution or decree,
order of court, or other court process, besides actual expenses, all
bids under three thousand dollars, FIFTEEN DOLLARS ($15.00) ; AND on
all sums bid over three thousand dollars, ONE-HALF OF ONE PERCENT;
but such commission shall in no case exceed the sum of FIFTY DOLLARS
($50.00) ;
(u) For money collected by sale of personal property, on all sums bid
under five hundred dollars, FOUR PERCENT; on all sums bid over five
hundred dollars and under one thousand dollars, THREE AND ONE-HALF
PERCENT; but no fee shall be charged for an auctioneer or other
person for making sales of personal property; and in no case shall
such commission exceed the sum of FIFTY DOLLARS ($50.00) ;
(v) For service and returning writ of ne exeat or body attachment, FIVE
DOLLARS ($5.00) ;
(w) For serving copy of execution when making levy on shares of stock
under execution, on each party served, SEVEN AND 50/100 DOLLARS
($7.50) ;
(x) For making certificates of levy on shares, or otherwise, SEVEN AND
50/100 DOLLARS ($7.50) ;
(y) For making return on execution, SEVEN AND 50/100 DOLLARS ($7.50) ;
(z) For money collected or settlements made without sale, after writ of
execution, attachment, or replevin has been placed in his hands and
levy or demand for payment has been made on the proper party, on all
amounts under five hundred dollars, TWO PERCENT; on all amounts over
five hundred dollars and under one thousand dollars, ONE AND
ONE-HALF PERCENT; AND on all amounts over one thousand dollars, ONE
PERCENT; but the fee in no case shall exceed the sum of ONE HUNDRED
DOLLARS ($100.00) ; and the plaintiff or any person making any
settlement shall be liable to the sheriff for such fees.
Section II. ACTUAL EXPENSES
As used in Section I, "actual expenses" means those personnel and
processing costs incurred in typing, processing, filing, and serving said
process papers but does not include mileage.
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F 0816 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Section III. MILEAGE
The fees stated in Section I of this Ordinance do not include mileage.
Mileage shall be charged for each mile actually and necessarily traveled in
serving each writ, subpoena, or other process, at a rate of not less than
Twelve Cents (12C) per mile nor more than the maximum mileage allowance
provided for State officers and employees under Section 24-9-104, CRS 1973, as
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o U amended, as determined by resolution of this Board; except that actual and not
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U constructive mileage shall be allowed in all cases; and, where more than one
ow warrant is served by any officer on one trip, the actual mileage only shall be
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several warrants served on the trip.
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m a Section IV. EFFECTIVE DATE
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This Ordinance shall take effect May 1, 1984.
Section V. VALIDITY OF ORDINANCE
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If any section, subsection, paragraph, sentence, clause or phrase of this
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remaining portions. The Board of County Commissioners of Weld County,
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ri g Colorado, hereby declare that it would have passed this Ordinance and each and
(-) c4 every section, subsection, paragraph, sentence, clause and phrase thereof
r- irrespective of the fact that any one or more sections, subsections,
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o paragraphs, sentences, clauses, or phrases might be declared to be
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unconstitutional or invalid.
BE IT FURTHER ORDAINED by the Board of County Commissioners that an
emergency exists inasmuch as this action impacts the health and safety of the
public and therefore, this Ordinance is declared to be an emergency Ordinance
under the, provisions of Section 3-14 of the Weld County Home Rule Charter.
The above and foregoing Ordinance No. 57-A was, on motion duly made and
sec0bded,` a)opted by the following vote on the 16th day of April, A.D. , 1984.
p ,. BOARD OF COUNTY COMMISSIONERS
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ATTEST � WELD COUNTY, COLORADO
Weld County Clerk and Recorder /and Clerk Clerktothe Board Norman Carlson, Chairman
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(/ iy a% . e11 e Johns Pro Tem
Deputy County Clerk
Approve -as to form: Gene Brae
1--;)ae::° Chuck Carlson
County Attorney
7 n Martin
Read April 16, 1984
published in La Salle Leader - 041684
April 19, 1984
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