HomeMy WebLinkAbout20052499.tiff RESOLUTION
RE: SUBMITTING TO THE ELECTORS OF THE GENERAL ELECTION ON
NOVEMBER 1, 2005, AN AMENDMENT 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, Article XVII, Section 17-1(1)(b) of the Weld County Home Rule Charter
provides for the submittal to the qualified electors proposed Home Rule Charter amendments by
Resolution of this Board, and
WHEREAS, after study and consideration, the Board determines that the following
proposed amendment to Article IV, Section 4-4 (B)of the Weld County Home Rule Charter, shall
be referred to the ballot for the November 1, 2005, General Election (highlight and strikeout show
changes):
Section 4-4. Department of Planning Services.
(B) Board of Adjustment.
The Board of Adjustment shall consist of nine five regular members, appointed in the same
manner and for the same terms as the Planning Commission. Associate members may be
appointed to act in the absence of regular members at regular and special meetings. The Board
of Adjustment will shall perform such functions and duties as are provided by law. The
concurring vote of four members of the Board of Adjustment shall be necessary to reverse any
order, requirement,decision,or determination of an administrative official or agency or to decide
in favor of an appellant, except that the concurring vote of only three members shall be
necessary to grant a variance from the strict application of regulations adopted pursuant to the
County's zoning authority., and
WHEREAS, the Board further determines that the Clerk to the Board shall publish the full
text of the proposed amendment within 30 days of this Resolution, along with notice that the issue
of such proposed amendment will be determined at the General Election on November 1, 2005.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the proposed amendment to Article IV, Section 4-4(B)of the Weld County
Home Rule Charter,as set forth above, be referred to the ballot for the November 1,2005, General
Election, and that the question regarding such amendment be presented in the form shown in
Exhibit"A."
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board publish notice of the
election, along with the full text of the proposed amendment, within 30 days of this Resolution in
the legal newspaper for Weld County.
2005-2499
�� , L BC0013
RE: SUBMITTING TO THE ELECTORS OF THE GENERAL ELECTION ON NOVEMBER 1,
2005, AN AMENDMENT TO THE WELD COUNTY HOME RULE CHARTER
PAGE 2
BE IT FURTHER RESOLVED by the Board that each elector voting at the election and
desirous of voting for or against said amendment shall cast his or her ballots as provided by law
either"Yes" or"No" on the proposition shown as "QUESTION" in Exhibit "A."
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 22nd day of August, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
�� u WELD COUNTY, COLORADO
ismft ATE; : i ��'[� G.jjj
"1/4,;, �'AL1 William H. J ke, Chair
Id Clerk to the Board
M. Bile, ro- em
Deputy Clerk to the Board
D E. Long
APP AST • f l
Robert D Masddeeen
my A orney 0-
Gt 1/1
n Vaad
Date of signature:
2005-2499
BC0013
EXHIBIT"A"
Weld County
Ballot Question 3A
Shall Article IV § 4-4 (B) of the Weld County Home Rule Charter be amended to read as follows?
Section 4-4. Department of Planning Services.
(B) Board of Adjustment.
The Board of Adjustment shall consist of five regular members,appointed in the same manner and
for the same terms as the Planning Commission. Associate members may be appointed to act in the
absence of regular members at regular and special meetings. The Board of Adjustment shall perform
such functions and duties as are provided by law. The concurring vote of four members of the Board
of Adjustment shall be necessary to reverse any order,requirement,decision,or determination of an
administrative official or agency or to decide in favor of an appellant,except that the concurring vote
of only three member shall be necessary to grant a variance from the strict application of regulations
adopted pursuant to the County's zoning authority.
j0C6 -24't'i
Page 1 of 1
Carol Harding
From: Bruce Barker
Sent: Thursday, August 18, 2005 8:46 AM
To: Carol Harding
Cc: Don Warden; Bill Jerke
Subject: Ballot Question Resolution
Attachments: BOARefer1105Ballot.wpd; BOA Exhibit A.wpd
See the attached. Please place on the Monday, August 22 agenda. Thanks!
8/18/2005 2005-2499
NOTICE OF BALLOT ISSUE FOR NOVEMBER 1, 2005, GENERAL ELECTION
DOCKET#2005-66
In accordance with the provisions of Colorado Statute and Article XVII, Section 17-1(1)(b)of the
Weld County Home Rule Charter,notice is hereby given that a ballot issue regarding an amendment
to the Weld County Home Rule Charter will be submitted to the qualified electors of Weld County
at the November 1, 2005, General Election, pursuant to a Resolution of the Board of County
Commissioners,dated August 22,2005. The election precinct shall be the entire County of Weld,
Colorado.
The question presented shall be:
BALLOT QUESTION 3A
"SHALL ARTICLE IV, SECTION 4-4 (B) OF THE WELD COUNTY HOME RULE
CHARTER BE AMENDED TO READ AS FOLLOWS?
SECTION 4-4. DEPARTMENT OF PLANNING SERVICES.
(B) BOARD OF ADJUSTMENT.
THE BOARD OF ADJUSTMENT SHALL CONSIST OF FIVE REGULAR
MEMBERS,APPOINTED IN THE SAME MANNER,AND FOR THE SAME
TERMS,AS THE PLANNING COMMISSION. ASSOCIATE MEMBERS MAY
BE APPOINTED TO ACT IN THE ABSENCE OF REGULAR MEMBERS AT
REGULAR AND SPECIAL MEETINGS. THE BOARD OF ADJUSTMENT
SHALL PERFORM SUCH FUNCTIONS AND DUTIES AS ARE PROVIDED
BY LAW. THE CONCURRING VOTE OF FOUR MEMBERS OF THE
BOARD OF ADJUSTMENT SHALL BE NECESSARY TO REVERSE ANY
ORDER, REQUIREMENT, DECISION, OR DETERMINATION OF AN
ADMINISTRATIVE OFFICIAL OR AGENCY,OR TO DECIDE IN FAVOR OF
AN APPELLANT, EXCEPT THAT THE CONCURRING VOTE OF ONLY
THREE MEMBERS SHALL BE NECESSARY TO GRANT A VARIANCE
FROM THE STRICT APPLICATION OF REGULATIONS ADOPTED
PURSUANT TO THE COUNTY'S ZONING AUTHORITY."
Each elector voting at the election and desirous of voting for or against said amendment shall cast
his or her ballots as provided by law either"Yes"or"No"on the proposition shown. If passed, the
text of the amendment shall be incorporated into the Weld County Home Rule Charter.
BE IT ALSO KNOWN that copies of the proposed amendment may be examined in the office of the
Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915
10th Street,Third Floor,Greeley, Colorado 80631, Monday through Friday,8:00 a.m.to 5:00 p.m.
E-Mail messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your E-Mail correspondence into the case file, please send a copy to
charding@co.weld.co.us.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: August 26, 2005
PUBLISHED: August 31, 2005, in the Fort Lupton Press
2005 - 2L1k�i
NOTICE OF BALLOT ISSUE FOR PROOF OF PUBLICATION
NOVEMBER 1,2005,GENERAL FORT LUPTON
ELECTION
InDance T the
p6 STATE OF COLORADO
of oa with provisions
of Colorado Statute and Article
,--at4/II, Section 17-1(1)(b) of the COUNTY OF WELD SS.
Id County Home Rule Charter,
ice is hereby given that a ballot
issue regarding an amendment to
the Weld County Home Rule
Charter
will e be o submitted f Weld to try I, Karen Lambert, do solemnly swear that I
ut e Novemberelectors 1,
Weld General
Elect pursuant to a Resolution am the Publisher of the Fort Lupton Press;
of the Board of County
Commissioners, dated August 22, that the same is a weekly newspaper printed
2005. The election precinct shall
be the entire County of Weld, and published in the County of Weld, State
Colorado.
The question presented shall be: of Colorado, and has a general circulation
BALLOT QUESTION
"SHALL ARTICLE IV, SECTION therein; that said newspaper has been
4-4 (B)OF THE WELD COUNTY
HOME RULE CHARTER BE published continuously and uninterruptedly
AMENDED TO READ AS FOLLOWS? in said county of Adams for a period of more
SECTION 44.PLANNING SERVICES.
OF
than fifty-two consecutive weeks prior to the
(B) BOARD OF ADJUSTMENT.
THE BOARD OF ADJUSTMENT first publication of the annexed legal notice
SHALL CONSIST FIVE
REGULARMEMBERS, or advertisement; that said newspaper has
APPOINTED IN THE SAME
MANNER, AND FOR THE SAME been admitted to the United States mails as
TERMS, AS THE PLANNING
COMMISSION. ASSOCIATE second-class matter under the provisions of
MEMBERS MAY BE T
TO ACT N THE ABSENCE OF the act of March 3, 1879, or any
REGULAR MEMBERS AT
REGULAR AND SPECIAL amendments thereof, and that said
MEETINGS. THE BOARD ADJUSTMENT SHALL PERFORM newspaper is a weekly newspaper duly
SUASCH ARE FUNCTIONS
PROVI PROVIDEDAND
BY LAW.DUTIES
qualified for publishing legal notices and
THE CONCURRING VOTE OF
FOUR MEMBERS OF THE advertisements within the meaning of the
BOARD OF ADJUSTMENT
SHALL BE NECESSARY TO laws of the State of Colorado. That the
REVERSE ANY ORDER,
REQUIREMENT, DECISION, OR annexed legal notice or advertisement was
DETERMINATION OF AN
ADMINISTRATIVE OFFICIAL OR published in the regular and entire issue of
--" ` DECIDE IN
EORY OF AN, OR O APPELLANT, every number of said weekly newspaper for
.CEPT THAT THE
CONCURRING VOTE OF ONLY the period of 1 consecutive insertion(s); and
THREE MEMBERS SHALL
NECESSARY TO BE
GRANT A that the first publication of said notice was in
VARIANCE FROM THE STRICT
APPLICATION OF the issue of newspaper, dated 31st day of
REGULATINS ADOPTED
PURSUANT O TO THE COUNTY'S August, 2005, and the last on the 31st day of
ZONING AUTHORITY." August, 2005.
Each elector voting at the election
and desirous of voting for or
against isrsa amendment pr dll cast
hlaw or her es" or n by
either "Ye "No" on the
proposition shown. If passed, the
text of the amendment shall be
incorporated into the Weld County
Ho
me T Rule Charter.
I BE e ALSO KNOWN that copies
of the in the amendment may
be examined in the office of the
Clerk to the c of in e
WeldCommissioners,Cuntyerd in the
Weld t Centennial ThirdCenter,
lo
9Greeley,e 10th Street,o 1, Alday
ghay 8:80 Mto 0y
p.m. E- Friday, sag a.m. to 5:00
n
E-Mail messages sent may of
individual Commissioner may not
be included i the case file. ail
ensure r inclusion of your Mai,
correspondence into the case file,
please send a copy to /„
BOARD OF COUNTY
•.-/ � � •�
COMMISSIONERS 'ti/
WELD COUNTY,COLORADO _ 1.. u ISher. u scrib sworn be ore me, t is the
DATED: 29th day of August, 2005.
PUBLISHED: `'. ,JO t
</14ngust 31, 2005, in the For -
Lupton Press c7bgust 26,2005 y BOND %Q
l.,v/� QC-3)21d
Notary Public.
CASE NO.370207 key 18945
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