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HomeMy WebLinkAbout20053569.tiff RESOLUTION RE: DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY ORDINANCE NO. 231-B, IN THE MATTER OF SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2005 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, the Board of County Commissioners, on the 7th day of December, 2005, reviewed the necessity of publishing Emergency Ordinance No.231-B,Supplemental Appropriation for 2005, and WHEREAS,itwas determined by the Board that the Clerk to the Board be directed to have published said Emergency Ordinance No. 231-B. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Clerk to the Board be, and hereby is, directed to have published Emergency Ordinance No. 231-B, Supplemental Appropriation for 2005, said publication to be on December 21, 2005. The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 7th day of December, A.D., 2005. BOARD OF COUNTY COMMISSIONERS �I ) / /* WELD COUNTY, COLORADO ��' f ATTEST: 1 _�A i�. r� I • 41g?�N liam H. e, Chair Weld County Clerk to the r. ' ��. . . eile, ro-Tem Dibuty Ctk to the B.-rd Davi E. Long A VEDAS • A ih,r,) Robe D. Masde County Attorney , /a Glenn Vaad �� � Date of signature: 12/22 (C6 2005-3569 ORD231-B ORDINANCE NO.231-B the Board, if any section, PROOF OF PUBLICATION IN THE MATTER OF A subsection, paragraph, sentence, SUPPLEMENTAL rna, or phrase of this FORT LUPTON FOR THE Ordinance id is t for any reason held YEAR ED or d decision to se no e the STATE OF COLORADO BE IT ORDAINEDCO N THE such yeof sithe m not affect the BOARD OF COUNTY validity of the remaining portions COMMISSIONERS OF THE hereof. The Board of County COUNTY OF WELD SS. COUNTY OF WELD,STATE OF Commissioners hereby declares COLORADO: that it would have enacted this Ordinance in each and every WHEREAS, the Board of County section, subsection, paragraph, Commissioners of the County of sentence, clause, and phrase Weld, State of Colorado, pursuant thereof irrespective of the fact that I, Karen Lambert, do solemnly swear that I to Colorado statute and the Weld any one or more sections, County Home Rule Charter, is subsections, paragraphs, am the Publisher of the Fort Lupton Press; irsauthorityoto be sentences, clauses, that the same is a weekly newspaper printed administering the affairs of Weld might be declared County,Colorado,and unconstitutional orinvalid. and published in the County of Weld, State WHEREAS, Section 29-1-111.5, The above and foregoing C.R.S., provides that if during the Ordinance Number 231-B was,on of Colorado, and has a general circulation fiscal year the governing board motion duly made and seconded, therein; that said newspaper has been deems it necessary, in view of the adopted by the following vote on departments, various offices the day of December, A.D., published continuously and uninterruptedly budgeted and appropriated Published: December 21, 2005, in monies from one or more the Ft.Lupton Press in said county of Adams for a period of more spending agencies in one fund to one or more spending agencies in Read and Approved' December than fifty-two consecutive weeks prior to the another fund and/or transfer 28,2005 first publication of the annexed legal notice budgeted appropriated monies Published:January 4,2006,in the between spending agencies within Ft.Lupton Press a fund,and Effective:December 28,2005 or advertisement; that said newspaper has WHEREAS, Section 29-1-111.5. been admitted to the United States mails as C.R.S.. provides that if during the fiscal year the governing body or second-class matter under the provisions of any spending agency received unanticipated revenue or revenues the act of March 3, 1879, or any not assured at the time of the adoption of the budget from any amendments thereof, and that said source other than the local governments property tax mill newspaper is a weekly newspaper duly levy, the governing board of the local government may authorize qualified for publishing legal notices and the expenditure of these unanticipated or unassured funds advertisements within the meaning of the by enacting a supplementary budget andappropriati°n.and laws of the State of Colorado. That the WHEREAS, the Board of County annexed legal notice or advertisement was Commissioners of Weld County has been advised that published in the regular and entire issue of supplemental appropriations, in accordance with the above, need every number of said weekly newspaper for to be made in fiscal year 2005 in various County funds, as more the period of 1 consecutive insertion(s); and fully set forth in the Exhibits attached hereto and incorporated that the first publication of said notice was in herein by reference,and the issue of newspaper, dated 21st day of WHEREAS, this is an emergency caused by a contingency which December, 2005, and the last on the 21st would not have been trime day of December, 2005. r 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 3888209:14(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 Li app County Commissioners of the County of Weld, State of Colorado, that the supplemental appropriations for fiscal year 2005 in venous County funds, as more fully set forth in the attached . , Publisher. u scribed and sw be ore me, this the Exhibits, which were made 19th day of December, 2005. 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 �e c\ / the Board that an emergency exists which requires that Notary Public. Supplemental Appropriation .. ... . Ordinance No. 231-B be, and hereby is, declared to be an /�� emergency ordinance under the l-/\\/I /� eon t m e14 of the - / I Weld County Home Rule Charter. /l I BE IT FURTHER ORDAINED by CASE NO.370207 key 22689 Hello