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HomeMy WebLinkAbout20043637 ORDINANCE NO. 229-B IN THE MATTER OF A SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2004 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 been advised that supplemental appropriations,in accordance with the above, need to be made in fiscal year 2004 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 2004 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 2004 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 2004 budget be, and hereby are, approved. BE IT FURTHER ORDAINED by the Board that an emergency exists which requires that Supplemental Appropriation Ordinance No.229-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 2004-3637 any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. Published: December 15, 2004, in the Ft. Lupton Press Read and Approved: December 20, 2004 Published: December 29, 2004, in the Ft. Lupton Press Effective: December 20, 2004 Affidavit of Publication ORD 229-B WC CLERK TO THE BOARD STATE OF COLORADO County of Adams SS. /--.I Karen Lambert of said County of Adams being duly sworn.say that I am publisher of Fort Lupton Press that the same is a weekly newspaper of general circulation was printed and published in the town of Fort Lupton ORDINANCE NO.314E BE IT FURTHER ORDAINED by the Board in said county and state that the notice of advertisement,of which IN THE MA that an emergency exists which requires the annexed is a true copy has been published in said weekly TTER OFASUPPLEMENTAL Mat Su lemental newspaper e for L consecutive week.e that the notice was APPROPRIATION FOR THE YEAR MW No.229-B De,and hereby is,declared to be published in the regular and entire issue of every number of said BE R anemergn 3-14 of theeee Weld County Home newspaper during the period and time of publication of said notice ORDAINED BY THE S OF OF of l:Se 3-14 of the Court and in the newspaper proper and not in a supplement thereof: that COUNTY COMMISSIONERS OF TOF Rule Charter ty Home me first publication of said notice was contained in the issue of COUNTY OF WELD, STATE OF COLORADO: BE IT FURTHER ORDAINEDb the Boartl, said newspaper bearing the date of A.D. WHEREAS, y R any section, subsection, paragraph, and the last publication thereof.in the issue o newspaper, the Board of oCount sentence, clause, or phrase o/ this CommissiorrersofMe Court otWeM,State Ominance is laany reason heltl ortlecitletl ll hearing date. the 12/1641004 that the said ofColorado,pursuant to Color antlthe Wald County Home RuleCharteruLs noto be affeunct thewvaldtytionaL sofhthe remain decision ing Fort Lupton Press vested will the authority of administering Portions herenoacf teThe Board of County has been published continuously and uninterruptedly during the ty.CINoratlo.antl Commissioners hereby tleda ce that it period of at least fifty-two consecutive weeks next prior to the first WHEREAS, SMlon 29 1- would have action, this ctionapar in each issue thereof containing said notice or advertisement above referred1715, C.R.S., and every section,subsection,paragraph, m and that said newspaper at the time of each of the provides that if during the fiscal year the sentence, clause, and phrase thereof publications of said notice qualified for that purpose within eve trg Doard of the It necessary in irrespective of the fact that an one or more the meaning of an act entitled. "An Act Concerning Legal Notices, wow of the needs of the various y rs departments,0 may transfer budgeted sections, subsections, paragraphs, Advertisements and Publications and the Fees of Printers and a getatlare sentences,clauses,Or phrases might be Publishers thereof,and to Repeal all Acts and Pans of Acts in PPropriatetl manias tom one or more declared to be unconstitutional or invalid. Conflict with the Provisions of this An"approved April 7, 1921. spending agencies in one fund to one or and all amendments thereof,and particularly as amended by an act more spending agencies in another fund The above and foregoing Ordinance approved.March 30. 1923,and an act approved May 13. 1931. and/or transfer budgeted appropriated monies between Number 229-B was,on motion duly made spending agencies within and seconded, adopted by the followingKaren Lambert afund,antl vote on the 20th day of December,A.D., WHEREAS, Section 29-1- 200/' provides that if during the fiscal year rya BOARD OF COUNTY COMMISSIONERS Publisher governing body or any spending agency WELD COUNTY,COLORADO received unanticipated revenue or raventans not assured at the time of the adoption of Dated:December 10,2004 Subscribed and sworn to before me this the budget from any source other than the Published:December 15,2004,in the Ft. .12115/2004 A.D., N govemrnent's property tax mill levy, Lupton Press governing boardofMelons'government Read and Approved:December 20,2004 may authorize the expenditure of these Published:December 29,2004.in the Fort /....-42 ekb( appropriation, unanticipated gion, or mantaunass retl funds by Lupton Frees •o .?„)k _/ enacting a supplementary budget and Effective:December 20,2004 /y aPPmpriation,and WHEREAS, the Board of County y Commissioners issioners of Weld County has been Public advised that supplemental appropNations, in accordance with the above,need to be 139 NORTH MAIN made in fiscal year 2004 in various County fulls,as more fully set forth in the Exhibit attached hereto and Incorporated herein by BRIGHTON, CO 80601 reference•and WHEREAS,this la an emergeby ncy caused a e�d•atency which mould not have r]>5•: n re each n 2004 asonSlyforeseen Saw time of the budget,and T`-- PO WHEREAS,by Sec Ion 29-3.114,C.R.S. • �/ the governing boarddecountydoes,in an (O.•• � emergencyan lavy authority forthe / L expenditure of funds In excess of said I BOBI JO 1 budget-by-my— u. . -t.,l� - thirds of the vote of the governing body; r. 1 BOND 1f y however,tyCharterSection 3-14(8) of the Weld Counome Rule Char requires any N f!P 'ordinance which is declared therein to be �' -114,-; �•.,^r • /)_ four-fifths emergency ordinance eard be enacted by /C�V!_ lVK fan svote of the Board. •CN 'S • 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 2004 in various County funds,as more fully set forth in the attached Exhibits,which •-=3c• 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 2004 budget be,and I. al/a. 0 47 hereby am,approved. ORD#229-B/EMERGENCY CHILD Affidavit of Publication WC CLERK OF THE BOARD STATE OF COLORADO County of Adams SS. r f Karen Lambert of said County of Adams being duly swam.say ,al I am publisher of Fort Lupton Press that the same is a weekly newspaper of general circulation was printed and published in the town of Fort Lupton ORORWICE NO.ma BER FURTHER ORDAINED by the Board. IN THE MATTER OF A SUPPLEMENTAL if any section. subsection, paragraph, in said county and state that the notice of advertisement.of which me annexed is a vac copy has been published in said weekly APPROPRIATION FOR THE YEAR 20D4 sentence, clause. or phrase of this newspaper for consecutive weeks: that the notice was Ordinance isfaeny reasonheldadedded _i__published in the regular and entire issue of every number of said BE IT ORDAINED BY THE BOARD OF to yon uneanstiltMahal,such tled8iou shell newspaper during the pence and time of publication of said notice COUNTY COMMISSIONERS OF THE not affect tlhe validity of the remaining and in the newspaper proper and not in a supplement thereof: Ihm COUNTY OF WELD, STATE OF patbns hereof The Board of County the first a publication of said native was contamed in the issue of COLORADO: Commissioners hereby declares Mal t would have enacted this Ordinance In each said newspaper bearing the date of 1 A,D WHEREAS, the Board of County and every sexton,subsection.paragraph, one the last publication thereof,in the Issue or xafJ newspaper. Commissioners of the County of Weld,State sentence, clause, and phrase thereof hearing rime. Inc that the said of Colorado.pursuant to Colorado statute 1 veoftlwfarltartaryareamac 122D/2W'Iand the Weld County Home RlesCherter,ie sec�lipo s. subsactlons. pesagraphs, vested with me authority of administering sentences.oleue's,a phresss might e Fort Lupton Press the affairs of Weld County.Colorado,and deGared to a,ahmnatyyansl a Invalid. has teen published continuously and uninterruptedly during the WHEREAS, Section 29-1-111.5,C.R.S., The above and foregoing Ordinance period of at least fifty-two consecutive weeks next prior to the first provides that if during the 1100 Year the issue thereof containing said notice or advertisement above referred governing board deems t necessary,in made to: and that said newspaper was at the time of each of the view of the needs of he various offices or Number 229-B was,on motion duty publications of said notice duly qualified for that purpose within departments,It may transfer budgeted and and seconded,adopted by the following the meaning or an act entitled. "An Act of December.A.D., Fees of ina Legal Notices-vole on the 20th dayAdvertisements and Publications and the Fees Porters and 2004. Publishers thereof,and to Repeal all Acts and Pans of Acts in Conflict with the Provisions of this Act" as amended J April 7. 1921. BOARD OF COUNTY COMMISSIONERS and all amendments thereof.and particularly as a by an act approved.March 30. 1923.and an act approved May 13. 1931. WELD COUNTY,COLORADO appropriated monies from one a more spending agencies in one fund to one or Dated:December 10.2004 Karen Lamb en amore �'g°°"`d apahly Nor Published:December 15,2004,in the Ft antl/err transfer budgeted apprepriaNd Lupton Press rtwnisa belwssn epeeirg agencies wthin Reed and Approved:December 20,2004 Publisher a fund,and Published:December 29.2004.in the Fort Lupton Press WHEREAS, Section 29-1-111.5, C.R.S.. Effective:December 20,20a Subscribed and sworn to before me this provides that if during the fiscal year the governing body or any spending agency .12/29/21104 A•D„ received unanticipated revenueorreveaaa not assured at the time of the adoption of the budget from any source other than the /'-' / ( L „/ local government's properly tax mill levy. ' '7C/L/✓-h \) l`/\L//y` the governing board oft expenditure government l may authorize the eenditu of these unanticipated or unassured funds by enacting a supplementary budget and Notary Public appropriation,end WHEREAS, the Board of County 139 NORTH MAIN Commissioners of Weld County has been advised that supplemental appropriations, In accordance with the above,need to be BRIGHTON. CO 80601 made In fiscal year 2004 in various County funds.as more fully set font Inter Exhibits attached hereto and incorporated herein by reference,and " WHEREAS,this N an emergency caused -;s" f., 1+�...` by a contingency which would not have z'" '�f'xt..•l u�i".� been reasaaby foreseen at the time of the t� ` adoption of the 2004 budget,and o C) WHEREAS,by Sectors 243-114,C.R.S., BOB!Jo IemergencySiluatlonhaveauthorityfor the1C : BOND expenditure of funds in excess or said 'vi,....n + budget,by Ordiance duly adopted bYtwo- (X� thirds of the vote of the governing body; s ''-2. � ••,• ;.�W however, Section 3-14(6) of the Weld `4. f'1 •'•••'�5Vry, County Home Rule Charter therein any .t t�``i'8 S�Y,.'c y'LN:'�. ordinance whichoisdehared r emelne be an emergency ordinance to be enacted by four-fills 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 setor Intheavarious Couhd Exhibisamae fullre e necessary by an cy were made necessary by emergency causedbeen a contingency which at o not have fh beenreesoady foreseen004 tlheti d of the adoption of the 2004 budget e,and hereby are.approved. /" BE IT FURTHER ORDAINED b9 the Board that an emergency existswhich requires that Supplemental Appropri hndd N0.229-8 be,and hereby b,dedwed b be one nergxwyardrrounderthe0rr'aion of Section 3-14 of the Weld County Home RUN Charter. Hello