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HomeMy WebLinkAbout20053435.tiff ORDINANCE NO. 231-B IN THE MATTER OF A SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2005 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 be en advised that supplemental appropriations, in accordance with the above, need to be made in fiscal year 2005 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 by a contingency which would not have been reasonably foreseen at the time of the adoption of the 2005 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 adopted by two-thirds of the vote of the governing body; however, Section 3-14(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 appropriations for fiscal year 2005 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 2005 budget be, and hereby are, approved. BE IT FURTHER ORDAINED by the Board that an emergency exists which requires that Supplemental Appropriation Ordinance No. 231-B be, 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 any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. dVoe75-3y35 Published: December 21, 2005, in the Ft. Lupton Press Read and Approved: December 28, 2005 Published: January 4, 2006, in the Ft. Lupton Press Effective: December 28, 2005 ORDINANCE NO.231-B subsection, paragraph, sentence, PROOF OF PUBLICATION clause, or phrase of this PUBLICATION �./ IN THE MATTER OF A Ordinance SUPPLEMENTAL or decided l s for to be unconstitutional,l, FORT LUPTON E FOR THE such decision ofm not affect the STATE OF COLORADO YEAR ED helieoy of the remaining portions nt BE IT ORDAINED BY THE hereof. The Board of County BOARD OF COUNTY Commissioners hereby declares COUNTY OF WELD SS. COMMISSIONERS OF THE that it would have enacted this )UNTY OF WELD,STATE OF Ordinance in each and every COLORADO: section, subsection, paragraph, sentence, clause, and phrase WHEREAS, the Board of County thereof irrespective of the fact that I, Karen do solemnly swear that I Commissioners of the County of any one or more sections, Lambert, Weld, State of Colorado.pursuant subsections, paragraphs, am the Publisher of the Fort Lupton Press; to Colorado statute and the Weld sentences, clauses, or phrases County Home Rule Charter, is might be declared to be that the same is a weekly newspaper printed vested with the authority of unconstitutional or invalid, administering the affairs of Weld published in the County of Weld, State County,Colorado,and The above and foregoing and Ordinance Number 231-e was,on of Colorado, and has a general circulation WHEREAS, Section 29-1-111.5, motion duly made and seconded, CR.5., provides that if during the adopted by the following vote on therein; that said newspaper has been fiscal year the governing board the 19th day of December, A.D., deems it necessary,in view of the 2005. published continuously and uninterruptedly needs of the various offices or departments, it may transfer Published: December 21, 2005, in in said county of Adams for a period of more budgeted and appropriated the Ft.Lupton Press monies from one or more Read and Approved. December than fifty-two consecutive weeks prior to the spending agencies in one fund to 28,2005 Y one or more spending agencies in Published:January 4,2006, in'he firstpublication of the annexed legal notice another fund and/or transfer Ft.Lupton Press 9 budgeted appropriated monies Effective.December 28,2005 or advertisement; that said newspaper has between spending agencies within a fund,and been admitted to the United States mails as S Section WHEREAS, , es that h if 9a 29-1-111.5.uringthe C.R.S.. prAhe second-class matter under the provisions of fiscal year the governing body or the act of March 3, 1879, or an any spending agency received any no aissuredatrevenueof amendments thereof, and that said not assured the time or revenues of the adoption of the budget from any newspaper is a weekly newspaper duly source other than the local levy.government's property i tax the qualified for publishing legal notices and Sal the governing yard 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 WHEREAS, the of Weld d of County published in the regular and entire issue of Commissioners County -- beenadvised every number of said weekly newspaper for elemental appropriations, in ;ordance with the above, need the period of 1 consecutive insertion(s); and to be made in fiscal year 2005 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 4th day of herein by reference,and WHEREAS, this is an emergency January, 2006, and the last on the 4th day of caused by a contingency which January, 2006. would not have been reasonably foreseen at the time of the adoption of the 2005 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 ldbudget, of ',funds inexcess �e. d_of I IIIIII VIII 11111 111111 11111 VIII 1111C101 1111110111111111 I'lllll II I adopted by two-thirds of the vote of the governing body, however, 3357131 01124/2006 12:32P Weld County, CO Section 3848209',14(6) of the Weld County Home Rule Charter 23 of 23 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 \,f�✓^>y ///�., /� ///n/- County of by the tale of .--- -` Z 7)� `-^ County Commissioners of the County of Weld, State of Colorado, that the supplemental appropriations for fiscal year 2005 Publish . Su scribed a rn be ore me, this the in various County funds, as more fully set forth in the attached 29th day of December, 2005. 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 rhee, 2005ppro budget be, ^ /� ;11(1 1 1r /y and hereby are,approved. ` \ rll../1 /IV//�/ BE IT FURTHER ORDAINED by \ Board that an emergency Story UbiIC. sts which requires that .dpplemental Appropriation Ordinance No. 231-8 be, and hereby is, rdi declared to be an /t 211 / / 'alp emergency ordinance under the // (�I/ Ylll...���1/T//^ Weld Section m e14 of the Weld County R Home Rule Char b BE IT FURTHER ORDAINED by the Board, if any section, CASE NO.401951 key 22927 Hello