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HomeMy WebLinkAbout800548.tiff RESOLUTION RE: DIRECTING THE PUBLICATION OF NOTICE OF PROPOSED 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, Section 30-11-506 , CRS 1973 , and Section 17-1 of Article XVII of the Weld County Home Rule Charter require the Board of County Commissioners to publish notice of proposed amendments to the Weld County Home Rule Charter. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the Clerk to the Board of County Commissioners is hereby directed to publish notice of the text of the proposed amendment to the Weld County Home Rule Charter, said amendment being attached hereto and incorporated herein by reference, and that said publication be made in accordance with Section 30-11-506 , CRS 1973, and Section 17-1 of Article XVII of the Weld County Home Rule Charter. BE IT FURTHER RESOLVED that publication be made in the Platteville Herald; La Salle Leader; The Greeley Tribune; The Windsor Beacon; Eaton North Weld Herald; The Johnstown Breeze; The Keene Valley Sun; The Ft. Lupton Press; Colorado Hometown Newpapers, Inc. ; The Greeley Booster; the Longmont Times-Call; and the Platte Valley Voice. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of September , A.D. , 1980. tz1i BOARD OF COUNTY COMMISSIONERS ATTEST: I Y (thAir (11.-1, ,,,,,,,,,,,,,' WELD COUNTY, COLORADO Weld County Clerk and Recorder /1, //IL 1� (( DDayld Clerk ��to the oard C. W. Kitty, Q'hairman Deputy Cou y Clerk Leonard L. Roe, Pro-Tem ty' ROVED AS TO FORA: �_ VV // Norman Carlson County Attorney 9. ,1��/a(/ Lyd5 Dunbar June K. Steinmark 8005413 '813 DATE PRESENTED: September 29 , 1980 Thursday,Sept.28,1978 —THE JOHNSTOWN BREEZE—Johnstown,Weld County CD 80534-1 ae Public Notices g matters m the Council deems lion and invest/Wga.10n of all bids for the current year, it may Section 13-4-Organization. Ma t Matters Such report or report received by the 73oard of County submit the question in- hall be in such form as the Commissioners over$2,000. creased levy to the County (1) At its first meeting 1n Council shall determine and shall Council,and the County Council January each year the Council be filed with the Board of County Paragraph(5)of Section 14-9 of shall examine the needs of the shall elect, from among its be Commissioners and copies fur- Article a the Home Rule County and ascertain from such members,a President,who shall shed to all elected officers. Charter for Weld County, Colo. examination the financial condi- preside over 1t meetings,and e B rade is amended to read: lion thereof,and H in the opinion of in abPresident,who shall preside aasi i ig the Council inpcarrytng a majority of hy County Council d o m absence of the President. (5)All purchases of$2,000 or that the out the duties set forth In more shall De by written.sealed grant funds,the Council may (2) The Council shall dept aregraph(6)above,the Council bids grant an increased levy for the rule,of procedure governing tits ma appointaa performance .l " a°"_s•ae. a County in such amount County at deems time, place and conduct o3 its audttr who shall be responsible f._.,."—,.........-4.",, autPhorised and the is meetings and hearings, o the solely to the Council.The Council ,. .c.gt•nn.y r^t1 p-'° levy.authorized w make such such motions tan of and action on °hall°etrmine,hfa GGualfticatlons it creased vyHowever,granted motions and lso adtipt p The and compensation X shall rve The`Cd they ofind hall accept will aloes sg to which urea for may also adopt proeeof ai the pleasure of the Council.The the bid they find to be most e would a greater d plyi than urea er.All attendance of office of performance auditor beneficial t the County. previous year mill applying the It members.All ahead taken meetings need not be a permanent position, 4 An amendment clarifying purrent year levy t the shall n open t the public,and he but the office may be filled by the Section S-2 of Article V as t current years assessed valuation. action shall be taken by the Council as it deems necessary. Council other than at an official clearly require that the County (b)In case the County Council meeting.A record of proceedings- Section 13-B-Nomination of Attorney b an attorney duly [uses or fails within fifteen(16) shall be taken and preserved,and ouncilmen licensed by the State of Colorado C . days after submission to it of an it shall be a public record. for at least five (5) yearn adopted budget to grant such immediately prior to his appoint. increased levy,or all of it,or in the (3)Regular meetings shall be (1)Candidates for councilmen men[. event an increase beyond that held at least monthly on a day or to shll be nominated par without Section 5-2 of Article Vof the whichh the council is authorized to days to be determined by,thetton oa forma supplied b the ggrrant is sought,the question may Council by resolution. Special ceunt deck. A popped. .bn of Home Rule Charter for Weld Be ubmittBed to the qualified meetings may be called by cthe nomination may conatst of one or County,Colorado,is amended to electors of the County at a general President.A copy of the notice of s ore sheet,but It Shall contain reed. - or special election called for that meeting shall be posted in the name antl address of 0,y one coneVfcu jar iced in the =t,of Section 5-2-Qualifications purpose. the Board oY County Commiselon- candidate. The petition may as (c)Due notice of submission rs at the time such notice is given designate one or more persnce in The County Attorney shall be of the question of whether to grant to members of the Council. a idommittee to fill a vacancy in a resident of the Country of Weld the increase levy shall be given by h nomination. anda^"'k'^ a' "Yy V the County Clerk for at least thirty Section 13.5—Quorum—Ma- -c(2)Nominatlonpetitions may ^—eeANATTUR- (30)days in advance of the date orit Action. pe NEY DULY LICENSED BY THE t for the general or special ] y be Srculated and shoed begin- STATE OF COLORADO for at election by Cigna a Pub11c notice (1)Three of the embers of a on the nlnetv'fttth day and least Hve(6)years immedttel➢ rovidetlli i n.If a majortt the Council rb office at the time ending on the forty myth dayl„dor rtor to bra asp intment,and shall G Y t the day of election. Each D of-the votes cast at ono such shall be a quorum for the etltlon shall be al ed by have been ac elf nagged in the election is in as famed in sale transaction r absence o f of quorbusiness, but a the &Willed electors bin the following rice of law during such five election notice then the County number may adjourn any meeting numbers: years. may make such increased levy. to a later time or date,and in the (a or a can in the 5 An amendment deleting the absence of all other members a until at large, at least two requirement that formal written shall In voted by sthe electors Ong President may longerjthan urn one weemeek. hundred died(220000) the aountied y1eCinre questions ques Iona of law County [tamed by under the preceding subsections, re the County as public document. he increased revenue resulting (2) Any resolution to be (b) For a candid[ from therefrom shall be included in adopted,amended,or repealed,or eo a Incdistrict at least two Paragraph(3)of Section S-3 0[ determining the five per cent(5 any other action of the Council based (200) qualified elects Article V of the Home Rule per cent) limitation in the hall require concurrence of three a 1din in the candidate's die Charter for Weld County, Colo- Yollowing year. of the members of the Council in residing g rado,is amended t read: office at the time. Paragraph(3)of Section 18-9 of ( (3)Each qualified elector po(3)The County Attorney shall, PUBLIC NOTICE Charter for Weld Countl1', Colo- the a) shall be action m taken by stgnhlg a petition shall add to his otficersquissuef feormalewritten rado is repealed.The text of said the President or,in his absence atr�eet u and rehl number lace of rN181nceby /Wiens on ueetiona,of law, D .9 a_."..,_... .." NOTId', paragraph as it presently exists is by the Vice-President, and all and box number or other unto QeubS-.^.P vat•^ ._..__T ❑❑ fficfal communications of the ary deslgatlon,except that At beatee held an tot T eleet(1 to as follows: Council whether oral or written, post office box number shall be 1178 (9)Question referred t Coun hall be made by the President,or insufficient.The circulator of each 6.An amendment deleting the ellallhe • ed ed. in his absence,by the Vlce-Pres1- requirement that m the event of lepton • oo��'1WtaBj affid a it that ea shall make rn conflict between the Board of �Yfte of -„for fife dent. - affidavit that each signature h unt Commissioners and any OA�aote m the event a qq atlon arises thereon is Lhe ei tutt of the y �Bp�ring as to possible confli t of interest Section 13-6—Compensation. Ba other county officer,such county $tile between any count officer,Men, Person whose name it purports t officer shall be represented by the for.,,, (leerty, Colo- bar 1 an appointed board, or ACouncilman shall receive no be and that each signer has state Weld Count et Attorney and to•wp _ employee and any enterprise or compensation a ref for his services,but to the circulator that he is a subatitutin pp.ur¢..+en that, oreld C atfon doing business with shall be reimbursed for actual and county electr of the county;e such count r be espresso An efnCerainB Weld County,the question will be necessary expenses incurred in county and tlhich t as m case by a spec]yam counselo W t Sod Presented to the County Council the performance of his official may e, for which the nomination for review,investigation,decision duties. Is made.The signature of each Paragraph(5)of Section 5-3 of and-, j „PROP- and resolution.The judgment and signer of a petition shall constitute Article V of the Home Rule prima facie evidence of his ea{y;afW decision f the council shall be Section 13-7—Vacancies. puaLLficationa without the require- Charter for Weld County, Colo- - considered final and shall be made q q rado,ie amended t ream Ql o;the a matter of public record. (1)A vacancy shall be filled men[that each signer make an _j]tpeBeeeUolRt ffi rrte�r�ter Weld my appointment by the remaining affidavit es to this quaHficetione. (5) m the event of conflict 05*4ty la Vi en/a/.to Paragraphs (lit and f 121 f embers of the Coun1L (4)No petition shall be valid between the Board and any other Midi Section 18-0 of Article XV f the - that does nag contain the requ,a cunt officer,such countyy f(((t1caI,,,�� Home Rule Charter for Weld (2)A vacancy shall exist when bar t names h lectors shallnereoreeentedby�,h,fl/RfTi— ' County, Colorado re repealed. a Councilman dies, resigns, is number ed i the petition.Any /`^•_.• ..^ l..4,--y A The text of said paragraphs as d from office o from quoit petition grey be amended m SPECIAL COUNSEL f they presently exist ie as follows: removed from which elected is this re° et at any time'drys ter to Countyy Comtplseioner shall De incapacitated,recalled,or fie- Hfieen dpeays before the day of 7.Vi amendment deleting the D'• Sects 36-SO Definitions comes a andldate Yor county election. employe w that any P on '' ,' -BY leered office or an employee of apt an elected Woffi County I.A (11) Council—The County [he county. (5)An electr may siggnn more seeks el election to a partisan public Council. than one nomination petition. ig)A .other Scotian 13-8—Powers and office t request leave of shall sj be by of the t uouneilman—A member Duties. -- (6)Each nomination petition bsence,without pay,immediate hall be flied with the Countyy ey fter announcement of his ttha shall be nano (1)The Counc11 shall set the shall be later than the forty-fifth andidacy. pfpN � °pad NtArticle XIII of the Home Rule salaries of all elected officials.In day prior t the day of election. Paragraph(BI 2)(f of Section a the' t efractive Charter for Weld County, Colo the case o[the Board of County Every spell petition shall have f H ppetihe ppttt .-4( at rado is repealed and re-enacted t Commissioners,the effective date endorsed thereon or pn need 4.2 of Weld the Color ffi® y� read: f any change m salary may be thereto Ne written affidavi:whin_of the rado,is for Weld to read: BMII t be of so as t provide for equal candmate accepting each ° WISP- o[the ARTICLE HIII ors a all times r all commission- „ion. cohtapin�the of naming. (f)No employee shall,during and place of residence of the worse hours, engage in y -VI efthe COUNTY COUNCIL ABOLISHED (2t The Councllmayemploya canl(lae political activity.daX--prw i{ept"''e''L6oIa' our Weld see ary and such other em Pl^y"'`"'��`��;""••• Cpt� t Section 13-1—County Council to es permanent and tee (7) yh¢ County clerk ahaLL as e�„e'e-•^f o•-'-‘,"\ iM/tY, ►aeVl4ed Abohahed p ye Per Per '-^ '8ectlou 8•;—EledUVeOfpcera. ary,a°ft may regWre p rsuantt ease all nofiO ion petition t se'.e"' "...'"^_� the County Persoaef System. De preserved fora clod of two I i-• 1 .:run The County Council shall be ^u' r=y. alai be abolished effective January 1, (3)A vacancy m the Board of years.All each petitions shall be t tom•+ �s �t�q' County Commlesionera shall be opener r public -iinbpethe clerk.der •Saw Section IS-2—Transfer of filled by appointment by the proper by8. An amendment repealing la ty Council.Said appointees shall be Paragraph(8)of Section 3 4 of 'tAerll f0 the Duties of the same political party as that (g)procedure for withdrawal Article DI which presently pro- re; of the tment a officer, and the shall be as follows: h1Dita a person from serving more one. oly Couniy All powers and duties of the apVVointment shall be effective than two full conecutive terms as Coroner r; County Council shall as of January untl the next general election,at Any person ho has been County Commissioner. The 1,1978 be performed as provide which time a person shall be P All/606' nominated and who has accepted such by state law. electd for the remainder of the a nomination may cause his amt Paragraph(3)o[Section 3-4 of term,if any. to be withdrawn from such Article III f the Home Rule ,ra...,y WU& Section 18-3—Existing Prop- nomination,at any time Crtor t Charter for Weld County, Colo- } arty and Records. (4) In the event a valid clays before election,bYYa rado t repealed.The text of said x -- petition Yor recall is resented as eighteen itten affidavit ithdrawin g graW h as It Presently exists is VI of the All property,records,eclat.- rotten f .r Article ee o, the s folio s: f -'' —- ' t'er Weld men[and supplies of the County bunch maY suePend the fficer from such gngomination.The treaty, b amended t Council,wherever located,on being recalled with nay,pens, davit stating abY tinthe candidate and withdrawal sfhall be (3) No Person shall serve read: - January 1 1979 shall be trans- the recall election.m7he event the wlHi the clerk. more than two full consecutive famed to the Weld County Clerk Council suspends such officer,the terms as County Commissioner. Section 8d—Vacancy, and Recorder. Council may appoint some quail- (B Objections t nominations B. An mendment repealing yaosriolee ofp es The text f old Article as 1t fled person t perform the duties All titions of nomination which KK of the office pending the recall are in a parent lormit with Paragraph(2)o[Section 18-g of (t�n� presently exist is as follows: election.In the event the officer is p Y Article XVI which presently �c�i �" .refilled not recalled,he shall be lmmed- the provtslone ofethle section,as prohibit a person from serving fatly reinstated. determined by the clerk,are-valid y t1{e rgoaty 9e - by this ARTICLE XIII unless objection thereto is dulymore than two consecutive terms Gltarte (5) m the event an elected I on any one appointive Board or oCOUNTY COUNCIL made h writing g a the same three days ommiss/on. tieterao'n...he Souse'Ell?! -5 of t is formally y commission ioedf or object ooe is made,notice' Incase rticle for qt the C olo®e Rule Section 13.1—Composition. crime, for the ilMaySUO a objection o made,notice thereof paragraph(2)of Section 16-e of Weld Gre�adFY Flo crime,the Council t uspend shall be forthwith maned to any Article XVI f the Home Rule The County Council hall oh officer,with or without pay, ndidate he maY be affected Charter for Weld County, Colo essiSaIconsist of flue members ltd as pendmlien proeecutfon of the of thereby The clerk shall pass upon rado is repealed The text of said • �punty follows. Tense.If an elected officer is found the alldity of all bjeetions eragraW h as it presently exists is _ rlmary or (1) Three members each fury, of any crime by a court e' whether of form or substance,and gs folio s nominated,elected and residing in ary,the Council shall immediate hie decisions aponmatters of form during o separate geographic II,districtsS as y au00111 ach officer without shall be final to decisions upon (2) No person shall serve • -- e9₹ablishee m Article III,Section until his conviction shall afters of substance shall be open more than two consecutive terms �rye�p�(:)e[83dilOife-6 of 3.2 1 this Charter. pay ecome final and he has ex to judicial review Said clerk shall on an one appointive board or Ar4lele for w�.meld 05,01 Rule haunted,or by failure to assert decide objections within t least commission. (stoner fern➢reld Count, Colo- (2) Two members, each them,has waived all rights to new forty-eight hours after the same do '! nominated a and elected from the trial and all rights of appeal.At are filed, and any objections 10. An a ntlment repealing redo t eluted to lead' at lac the time such officer's conviction tamed ay be remedied or Paragraph(3)of Section 13.3 of yog qt a4�lac- county ge. is final,the office shall be vacant defect cured Pon the orleinal Article XII which presently ted eYrw ca shall �M • Section 13-2—Qualifications of and the vacancy filled as herein PPetition by an amendment t ere- prohibits a person tram s ing _ ED Members. provided. to h filing a new petition ore than two consecutive terms to 5 A�1' .i Rhin three days after h as a County Councilman (1)Councilmen from district Should the officer be sus objection is sustained,but in no p 11 el 3-9 of shall reside within their t;o pended from office by the Council event later than the thirtieth day paragraph(3)of Section 13.3 of ale-miYp(( tie Rule graPhelects c districts when nominated, s provided m this ssecsstat be before the day of election. Article XIII Y the Home Rule AGM'r[er for' 9a"Wol6 Colo. elected or appointed and during found not guilty astate 2 An amendment delete the Charter for Weld Count Colo code ed'17ED ed said theft terms of office fedgcourt rther o peal g y �a [t F9�y exists is original o trial the aunty men[ that the Board f rado is repealed The taxi vi Is d Oh _ (2) w y y pasraur p presently ex t owe: any ther countyiielectiveo`office such officer andhe shall receive ordinance in matters of contract s follows.as it t exists tton. and other lconoI be a cunty his back pay,unless, such Paragraph(4)(b)of Section 3.8 9act1ef18-6-G?5mpellaa mployee. period of suspension a s see f Article IIt f me Home Rule (3) No person shall Berms (1 deli Of members a to such suspended officer has been Charter amended Weld County, Colo more than e wo consecutive M fife ,==id >IYed by the .-action 13-3—Terms of Office duly elected and qualified In the rad 1 as a co County•OWne%I event successor to su h THE BOARD O C) 'i1'Y (1) The terms of office of pended officer has been soelected (hi F legislation n hag nternernent CnhDM GONERS ggctbR l4-7 of County Councilmen shall om and qualified suchsuspended thee I h means shall he f ih - 0 Is WELD COUNTY, J)RADO (�yj){pj�ilatne Rule mane on the first working day of officer shall receive hisba k )aw, and cthe formally ends ep �r or Wei/Coun1Y Colo theVe eleetwntetywldch theg ht re up lar to tte;m ofrotfl a n cate of d he promulgate county p li Unles's B7 MARY ANN 1, I liN rade to r�yled.TIN l of said r general or therwise re 1 ed b tat the WELD( ' 1 CLERK ppra6eaPrt,;at-3t pFe✓ exists is ere /acted and shall be.for four fshall not be urther 001050 he reinstated person r Board shall act ordy by ordlancein ANDREI k J..R AND toltowa years duly elected and qualified matters of legislation,.oaiwekn CLERK TOT L,BOARD ttW,h IIK�T,I`,.i fmltit>mi on An. councilman The term of office of appropriations and dleposltlon of BY:Rita Jo Kur .r,Deputy nc lman shall con,ime. until (6)The Council shall review real property.and by ordinance, h s cce ssor is elected and and hail m county en ucho periodic appropriate,in otheent resolution or r matters.be DATED:Septembe x97 (91 le —pigeefurtiei qualified. reports t the people relating t a ��e!ypitiited (3) No pereop.shall serve xPendimree efficiency, respon- 3•An amendment deleting_the PUBLISHED:Septa h z 28,1978 a/dll'b mgr coiire 11m eaMecutive'teems Blueness, adherence t statute, dayreq 'emeht tat there be a to m the glJohns4.210 H P Cllman. laws and regal U ns,and other day waiting period Yor considers- Co:.Legal 7d 216•Clet ¢o,flpard Hello