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Home My WebLink About800839.tiff s RESOLUTION RE: DEBT OWED BY LARIMER-WELD COUNCIL OF GOVERNMENTS TO WELD COUNTY. 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, on April 2, 1980 the Board of County Commissioners passed a resolution concerning a working capital loan in the amount of ELEVEN THOUSAND EIGHT HUNDRED AND EIGHT DOLLARS ($11,808.00) to the Larimer-Weld Council of Governments, and WHEREAS, on July 15, 1980 the Board of County Commissioners informed the Larimer-Weld Council of Governments Governing Board of their intent to withdraw membership from the Council of Governments on December 31, 1980, and WHEREAS, the Larimer-Weld Council of Governments projects an ending fund balance for 1980 operations, and WHEREAS, the resolution dated April 2, 1980 concerning the loan to the Council of Governments indicated that the Board of County Commissioners would annually review the loan and COG's ability to repay all or part of the loan to Weld County until payment in full is received from COG. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado that a request for payment in full for the remaining debt of ELEVEN THOUSAND EIGHT HUNDRED AND EIGHT DOLLARS ($11,808.00) from the Larimer-Weld Council of Governments be made prior to December 31, 1980, and BE IT FURTHER RESOLVED that the Board of County Commissioners of Weld County, Colorado directs the Director of Finance and Administration to credit the remaining FIVE THOUSAND DOLLAR ($5,000.00) amount due to COG for 1980 to- wards the outstanding loan amount and to send a statement to the Governing Board of Larimer-Weld Council of Governments for the remaining amount of SIX THOUSAND EIGHT HUNDRED AND EIGHT DOLLARS ($6,808.00) prior to December 31, 1980. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of November, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS elQ� �. • WELD COUNTY, ATTEST: ��,�•�/ � }� C�W. Kir y, rman Weld County Clerk and Recorder ►F�hRv�W�4pL and Clerk to the Board and Roe, Pro-Tem — C°� Norman Carlson FO � APPRO AS TO FORM: M nbar daa ty County Attorney 24,e_ Fed,:, , e K. Stei rrk 800839 - < >. .*. DATE PRESANTED: Numillar 24, 1980 ;i OFFICE OF BOARD OF COUNTY COMMISSIONERS 474 PHONE: 1303) 3564000 EXT.200 P.O. BOX 758 C. GREELEY, COLORADO 80631 COLORADO November 24, 1980 LWRCOG Governing Board 201 East 4th Street, Room 201 Loveland, CO 80537 Dear Governing Board Members: • Enclosed please find a resolution adopted by the Board of County Commissioners of Weld County, Colorado concerning the loan in the amount of $11,808.00 that COG owes Weld County. In light of Weld County's withdrawal from the membership of the Larimer-Weld Council of Governments, the Board of County Commissioners feels obligated to request payment in full prior to December 31, 1980. The Board of County Commissioners feels that LWCOG has the ability to repay the loan in full in light of the projected ending fund balance for fiscal year 1980. As indicated in the resolution, Weld County's remaining membership dues for 1980 will be credited towards the $11,808.00 and the Board would request the remaining balance of $6,808.00 via the attached statement. Very truly yours, BOARD OF COUNTY COMMISSIONERS C. W. Kirby, Chairman CWK/ch Encl. T f,' r OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000 EXT.200 P.O.BOX 758 GREELEY,COLORADO 80631 C. COLORADO January 21, 1981 Larimer-Weld Council of Governments 201 East 4th Street, Room 201 Loveland, Colorado 80537 Gentlemen: In July of 1980, the Weld County Board of County Commissioners took action terminating its membership with the LWCOG effective December 31, 1980. You were notified of the action by letter dated July 15, 1980 . A copy of that letter is attached. The LWCOG was organized by an intergovernmental agreement pur- suant to Article XIV, Section 18 (2) of the Constitution of the State of Colorado and Section 29-1-203, CRS 1973. Weld County's action of July, 1980 terminated this agreement. Any action taken • by LWCOG after December 31, 1980 is ultra vires and therefore, void. Our attorneys advise us that our withdrawal from LWCOG has dissolved such organization as of December 31, 1980 . As a result of the dissolution of LWCOG, by law, the assets remaining must be divided amongst the members in proportion to each member' s contribution, but only after liabilities incurred prior to January 1, 1981 are paid. Be advised that LWCOG has an outstanding debt to Weld County in the amount of $6, 808.00. (See the attached resolution of November 24, 1980 .) Be further advised that any expenditure of funds during 1981 would be improper and illegal. In summary, we are requesting that the balance on the debt to Weld County be paid in full, that there be a distribution of assets in proportion to contribution, and that no expenditures be made to cover liabilities created in 1981. Very truly yours, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Chuck Carlson, Chairman ss Life cno 7 OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE (303)356-4000 EXT.200 P.O.BOX 758 11 Ilk GREELEV.COLORADO 80631 COLORADO January 21, 1981 Larimer-Weld Council of Governments • 201 East 4th Street, Room 201 Loveland, Colorado 80537 ✓`P 1' „p 5. Gentlemen: In July of 1980, the Weld County Board of County Commissioners took action terminating its membership with the LWCOG effective December 31, 1980. You were notified of the action by letter dated July 15, 1980 . A copy of that letter is attached. The LWCOG was organized by an intergovernmental agreement pur- suant to Article XIV, Section 18 (2) of the Constitution of the State of Colorado and Section 29-1-203, CRS 1973. Weld County's action of July, 1980 terminated this agreement. Any action taken by LWCOG after December 31, 1980 is ultra vires and therefore, void. Our attorneys advise us that our withdrawal from LWCOG has dissolved such organization as of December 31, 1980. As a result of the dissolution of LWCOG, by law, the assets remaining must be divided amongst the members in proportion to each member's contribution, but only after liabilities incurred prior to January 1, 1981 are paid. Be advised that LWCOG has an outstanding debt to Weld County in the amount of $6, 808.00. (See the attached resolution of November 24, 1980. ) Be further advised that any expenditure of funds during 1981 would be improper and illegal. In summary, we are requesting that the balance on the debt to Weld County be paid in full, that there be a distribution of assets in proportion to contribution, and that no expenditures be made to cover liabilities created in 1981. Very truly yours, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ateZ Chuck Carlson, Chairman SS • A� �1/"+-� OFFICE OF' BOARD OF COL'P:TY COMMISSIONERS : f ' PHONE '.3031356-4030 EXT.20O ' �+ P.O.BOX 758 C '„rr '� '� GREELEY,COLORADO 80631 Tit)...,.....t �jL L COLORADO • July 15, 1980 LWRCOG Governing Board 201 East 4th Street, Room 201 Loveland, CO 80537 Dear Governing Board Members: . During the last several months the Board of County Commissioners of Weld County, Colorado has spent much time and effort examining and delibe- rating over the role of Weld County in the Larimer-Weld Council of Governments. Although there is an appreciation by members of the Board that Weld County has certain responsibilities in intergovernmental cooperation and efforts , the Board questions if COG is the most appro- priate means to meet these responsibilities. The structure of COG's by-laws , programs , and funding have frustrated the relationship of the representatives of the various local governments who are members of COG.. In addition, COG's role programmatically has changed significantly as it ends 1980 and approaches 1981 . Two major programs of COG will be eliminated in 1981 as the counties assume the Aging Program and Criminal Justice is eliminated at the Federal level . Also, the Transportation and Air Quality programs significantly shift to the Metropolitan Planning Organizations located in the Greeley and Ft. Collins areas. Even with these reductions in program service delivery, there is an unwillingness to reduce administrative overhead associated with these programs at the COG level . In our opinion the remaining programs associated with land use, housing, water quality, data service, A-95 review, and government regional ser- vices do not justify the 5224,239 of local cost, of which Weld County's share would be S52:800. J/' • 7 lam. `• - - e The responsibili ps and duties that Weld Count,)as in intergovern- •}4 mental relations, water quality, transportation, and technical assis- tance the Board has concluded, can best be accomplished in a more cost effective way by direct involvement and control of the programs within the existing Weld County structure. The Board of County Commissioners is committed to providing the essential services offered by COG to the citizens of Weld County and municipalities beginning January 1 , 1981 without COG's involvement. For these reasons the Board of County Com- missioners of Weld County have decided to formally withdraw membership from the Council of Governments on December 31 , 1980. With this early notification hopefully other members of COG can assess the future of COG without Weld County's involvement in planning for 1981 . Very truly yours, BOARD 'OF WELD COUNTY COMMISSIONERS C. W. Kirby, Cha4rman Norman Carlson ifekvr ydi Dunbar 1 r ;naitcc._ �i��"-- Leelard Roe June K. Steinmark • Hello