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CLERK
RESOLUTION 117 TO 7-7
RE: CONFLICT OF INTEREST
Legality of the Weld County Finance Corporation
WHEREAS, the Weld County Council has been asked to determine the
legality of the Weld County Finance Corporation according to Colorado Revised
Statutes, Weld County Home Rule Charter, and Weld County Ordinance 194;
and,
WHEREAS, the Weld County Home Rule Charter states in Article
XIII, Section 13-8-(6), Powers and Duties:
The Council shall review all aspects of county government and shall
make such periodic reports to the people relating to expenditures,
efficiency, responsiveness, adherence to statutes, laws and regulations,
and other matters as the Council deems advisable. Such report or
reports shall be in such form as the Council shall determine and shall be
filed with the Board of County Commissioners and copies furnished to all
elected officers.
and,
WHEREAS, pursuant to Colorado Revised Statutes 30-11-
104.1(1), Lease Purchase Agreements, provides for the following:
In order to provide for financing of a courthouse,jail, or other county
building or equipment used, or to be used, for governmental purposes,
any county is authorized to enter into lease purchase agreements.
and,
WHEREAS, the Weld County Home Rule Charter states in Article
II, Section 2-5, Construction:
In this Charter no mention of a particular power or enumeration of similar
powers shall be construed to be exclusive or to restrict the authority that
the County would have if the particular power were not mentioned or the
similar powers not enumerated. The Charter shall be liberally construed,
to the end that, within the limits imposed by the Charter and by the law of
the United States and of the State, the County has all powers necessary
or convenient for the conduct of its affairs, including all powers that
counties may assume under the statutes of the State and under the
provisions of the State Constitution concerning county home rule.
and,
WHEREAS, the Weld County Home Rule Charter, states in Article
XIV, Section 6, Long Term Financing:
The incurring of indebtedness by the County and the issuance of
evidences of such indebtedness shall be authorized, made and executed
in accordance with the laws of the State, including the borrowing of
money to fund county projects, the pledging of project revenues in
repayment thereof, and the issuance of revenue warrants, revenue bonds
or other forms of evidence of such obligations.
and,
WHEREAS, as the Correctional Facilities Lease Purchase
Agreement, Series 1997 states in Section 15.10, Applicable Law:
This lease shall be governed by and construed in accordance with the
laws of the State without regard to conflict of laws principles.
and,
4r %3,
/gP9/9 972568
Resolution RE:
Legality of the Weld County Finance Corporation
November 18, 1997-Page 2 of 2
WHEREAS, Weld County Ordinance #194, states:
Whereas, the Board of County Commissioners has previously authorized
and directed the creation of the Weld County Finance Corporation (the
"Corporation"), a nonprofit corporation and an instrumentality of the
County for certain limited purposes, under the provisions of the Colorado
Nonprofit Corporation Act, Articles 20 through 29 of Title 7, Colorado
Revised Statutes (the"Act");
NOW, THEREFORE, BE IT RESOLVED, that based upon the
foregoing findings of fact, the Weld County Council finds that the Weld
County Finance Corporation is legal and in accordance to Colorado
Revised Statutes, Weld County Home Rule Charter, and Weld County
Ordinance 194.
The above and foregoing Resolution was, on motion duly made
and seconded, and adopted unanimously on the 18th day of November,
1997.
WELD COUNTY COUNCIL
K,jam Malcom, P esident
Judy Curtis, Vice nt
4411,
Coun 'man Ralph C 7 pbell
•
Councilman n ster
Excused
Councilman Al Roberts
Date Signed: November 18, 1997
Resolution Number: 117
f.
WELD COUNTY
70.7
1997 "n" 19 ri f: 113
CLERK
RESOLUTION 116 I o I H f n
RE: CONFLICT OF INTEREST
Officers Weld County Finance Corporation
Don Warden, President
Pat Persichino, Vice President
Bruce Barker, Secretary
WHEREAS, the Weld County Council has been notified of a relationship
which may have the appearance of a conflict of interest in, Weld County Finance
Director Don Warden, Weld County Director of General Services Pat Persichino,
and Weld County Attorney Bruce Barker, performing their official duties; and,
WHEREAS, it is Weld County Finance Director Don Warden serving as
President of the Weld County Finance Corporation, Weld County Director of
General Services Pat Persichino serving as Vice President of the Weld County
Finance Corporation, and Weld County Attorney Bruce Barker serving as
Secretary of the Weld County Finance Corporation that has been questioned;
and,
WHEREAS, the Weld County Council has been charged in Section 16-9-
(3) of Weld County's Home Rule Charter as follows:
In the event a question arises as to possible conflict of interest between
any county officer, member of an appointed board, or employee, and any
enterprise or organization doing business with Weld County, the question
will be presented to the County Council for review, investigation, decision
and resolution. The judgment and decision of the Council shall be
considered final and shall be made a matter of public record.
and,
WHEREAS, the Home Rule Charter for Weld County provides in Section
16-9-(1) as follows:
General: No County officer, member of an appointed Board, or
employee shall have any interest in any enterprise or organization doing
business with Weld County which might interfere with the unbiased
discharge of his duty to the public and the best interest of the County.
This restriction shall not apply where the officer, member of an appointed
board, or employee's department has no direct contact nor business
transaction with any enterprise or organization.
and,
WHEREAS, pursuant to Colorado Revised Statutes 24-18-109 the Weld
County Council does not perceive any personal benefit to Weld County Finance
Director Don Warden serving as President of the Weld County Finance
Corporation, or Weld County Director of General Services Pat Persichino serving
as Vice President of the Weld County Finance Corporation, or Weld County
Attorney Bruce Barker serving as Secretary of the Weld County Finance
Corporation; and,
WHEREAS the Articles of Incorporation of the Weld County Finance
Corporation state in Article III, "Proprietary Interest of Members,"
The directors and members of the Corporation shall have no
private or proprietary interest in the Corporation.
Ittced
/121/97
RESOLUTION RE:Conflict of Interest-
Don Warden,Pat Persichino, Bruce Barker
November 18, 1997-Page 2 of 2
The Board of Directors shall serve as such without
compensation, and no part of the Corporation's net earnings shall inure to
the benefit of any private member or individual; provided, however, that
the Board of Directors may allow payment of the expenses necessarily
incurred by a Director in the performance of his or her duties as a
Director. The members of the Board of Directors shall be fully
indemnified by the Board of County Commissioners of Weld County,
Colorado for any liability incurred in connection with their respective
duties hereunder.
and,
WHEREAS, the Weld County Council, in interpreting the Weld County
Home Rule Charter does not find this matter to be within the purview of Conflict
of Interest,
NOW, THEREFORE, BE IT RESOLVED, that Weld County Finance
Director Don Warden serving as President of the Weld County Finance
Corporation, Weld County Director of General Services Pat Persichino serving
as Vice President of the Weld County Finance Corporation, and Weld County
Attorney Bruce Barker serving as Secretary of the Weld County Finance
Corporation, are not in positions of conflict of interest in serving on the Board of
Directors of the Weld County Finance Corporation.
The above and foregoing Resolution was, on motion duly made and
seconded, and adopted unanimously on the 18th day of November, 1997.
WELD COUNTY COUNCIL
i
9
am Malcom, r ident
Ju Curti , Vices President
Coun man Ralph Ca pbell
ouncilman a Oster
EXCUSED
Councilman Al Roberts
Date Signed: November 18, 1997
Resolution Number: 116
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