HomeMy WebLinkAbout810048 RESOLUTION
RE: CORRECTING THE RESOLUTION CONCERNING THE APPROVAL OF COUNTY
COUNCIL AGREEMENT BETWEEN WELD COUNTY AND HYLAND ASSOCIATES.
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 1, 1981, the Board of County Commissioners
approved an agreement between Weld County and Hyland Associates ,
and
WHEREAS, said agreement concerns Hyland Associates conducting
certain investigations as requested and authorized by the Weld
County Council, and
WHEREAS, the Board of County Commissioners approved said
agreement with the condition that Hyland Associates identify, on
their monthly bills, the County Departments to be investigated,
and
WHEREAS, the Board of County Commissioners desires to remove
said condition and stipulate that all investigations will be
carried out in compliance with the legal opinions rendered on this
subject by the County Attorney and the Weld County Council' s legal
representative.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the resolution dated
April 1, 1981, be, and hereby is, corrected by removing the
condition mentioned herein and stipulating that all investigations
will be carried out in compliance with the legal opinions rendered
on this subject by the County Attorney and the Weld County Council ' s
legal representative.
810048
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 15th day of
July, A.D. , 1981.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Chu Carlson, airman
Norman Carlson, Pro-Tem
C. h7.. Kirby
n T. Martin
( , ,n
unfC. �5tATmark
ATTEST: ,,ris ''• A li
Weld County Clerk and Recorder
a-n& Jerk to tte Boa. d
�B s 1'9 , (& /,} ( ? A /to.
Deputy Co'urity Clerk
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APPROVED AS TO FORM:
County Attorney
OFFICE OF WELD COUNTY COUNCIL
PHONE (303) 356-4000 EXT.432
915 10TH STREET,ROOM 339
', CREELEY,COLORADO 80631
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June 19, 1981 �
10
Board' of County Commissioners ' o'
Centennial Center
Dear Chairman Carlson:
The Weld County Council on June 18, approved a motion to resubmit the
Hyland Associate performance auditor contract to you, along with the
legal opinions from Robert Ray, asking that the commissioners consider
recinding their resolution regarding said contract, and to remove the
condition underlined on the attached resolution.
•
Also, on June 18, the council made an appointment with Commissioner
John Martin to meet with all available commissioners on Thursday,
July 16, at a 1:30 p.m. council meeting.
Sincerely,
WELD COUNTY COUNCIL
Patricia Anderson
Ralph Waldo
Robert Martin
Howard Foster
De Ann Emerson
•
•
se
No. 0012
JUNTY OF WELD, STATE OF COLOR/gni
STANDARD AGREEMENT
THIS AGREEMENT, made and entered into this 19th day of March 19 81
by and between the COUNTY OF WELD, State of Colorado, hereinafter called the
County, and
HYLAND ASSOCIATES
hereinafter called the Contractor. — ---
WITNESSETH: That the Contractor for and in consideration of the covenants ,
conditions , agreements , and stipulations of the County hereinafter expressed,
does hereby agree to furnish to the County services and materials , as follows ,
and/or as described on exhibits attached to and incorporated herein.
(Set forth service to be rendered by Contractor, County Department receiving
service, Contractor's qualifications , and additional provisions incorporated. )
Contractor will undertake certain investigations requested by and
authorized by the Weld County Council .
Completion of
CONTRACT PERIOD will be from March 31, 1981 through Investigative
Requirements
COMPENSATION: County agrees to pay Contractor for services performed hereunder
at a rate of $ 250 per day and/or
The total amount paid by County to Contractor under this agreement shall not
exceed the sum of $ 10,000.00
ADDITIONAL PROVISIONS set forth on the reverse side hereof constitute a part
of this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the
day and year first above written.
COUNTY OF WELD CONTRACTOR
•
By
Chairman , Board of County �r
Commissioners By— �.
Title
• Ke ail-Ake-re( r
Approved As To Form: Address q
L ( L, a-do-o cc.2-2-2-
Purchasing
•
•
Director of Finance &
Administration
• I
RESOLUTION
RE: APPROVAL OF COUNTY COUNCIL AGREEMENT BETWEEN WELD COUNTY AND
HYLAND ASSOCIATES.
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, an agreement between Weld County and Hyland Associates
has been presented to the Board of County Commissioners for approval ,
and
WHEREAS, said agreement concerns Hyland Associates conducting
certain investigations as requested and authorized by the Weld
County Council, and
WHEREAS, the contract period will be from March 31 , 1981
until investigation requirements are completed and compensation
shall be at a rate of $250. 00 per day. The total amount of said
agreement shall not exceed the sum of $10 , 000 . 00 , and
WHEREAS, the Board of County Commissioners has studied said
agreement and deems it advisable to approve the same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis-
sioners of Weld County, Colorado that the agreement between Weld
County and Hyland Associates be, and hereby is , approved provided
that Hyland Associates identif , on their monthly bills , the
County Departments to be investigated.
BE IT FURTHER RESOLVED by. the Board of County Commissioners
of Weld County, Colorado that payment shall not be authorized for
investigations conducted on any corporate body , political subdi-
vision or non-profit corporation to which the County contributes
funds but over which the County has no administrative authority
such as the Weld County General Hospital , Airport Authority , Com-
munity Center Foundation, Chamber of Commerce , etc .
ROBERT E. RAY
ATTORNEY AND COUNSELOR AT LAW
1122 9TH STREET #103 P.O. BOX 1501
(303) 351-6083 GREELEY, COLORADO 80632
June 4, 1981
Weld County Council
915-10th Street, Room 339
Greeley, Colorado 80631
RE: OPINION CONCERNING INVESTIGATION OF
GREELEY- WELD MUNICIPAL AIRPORT
TO: WELD COUNTY COUNCIL
I have been requested to render my opinion as to whether or not
the Weld County .ouncil has the authority to conduct an investigation
of the Greeley-Weld Municipal Airport.
It is my opinion that the Weld County Council does not have authority
to investigate the Greeley-Weld Municipal Airport, since the same is
an airport created pursuant to the "Public Airport Authority Law", as
set forth in C.R.S. 41-3-101, et seq. , 1973, as amended.
Section 13-8(6) of the Home Rule Charter for Weld County, Colorado,
provided as follows: 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.
It is my opinion that an investigation of the Greeley-Weld
Municipal Airport by the Weld County Council would not constitute a
". . . review of all aspects of County Government. . ." (emphasis added) ,
because the Airport is not a subdivision of the County.
C.R.S. 41-3-107, 1973, as amended, provides as follows:
LEGAL STATUS OF AUTHORITIES-TAX EXEMPTION
(1) An authority created pursuant to this Article is
hereby declared to be a political subdivision of the
State, exercising essential governmental powers for a
public purpose. The general assembly, therefore, finds:
(a) That no authority, or county independently
creating an authority, shall be required to pay any
general ad valorem taxes upon an airport or any facilities
connected therewith located within the state nor upon the
interest of the authority therein;
WELD COUNTY COUNCIL Page Two June 4, 1981
(OPINION RE INVESTIGATION OF GREELEY-WELD MUNICIPAL AIRPORT)
(b) That bonds issued under this article and
the income therefrom shall be free and exempt from
taxation by the state, or any political subdivision
of the state, with the exception of transfer, inheri-
tance, and estate taxes.
It is my opinion that the Weld County Home Rule Charter does not
provide, and could not provide, for any agency of the County to inves—
tigate an office which is not a political subdivision of the County,
but is rather a political subdivision of the State of Colorado.
Of course, the County Council certainly has it within its powers
to investigate the propriety of the expenditures of monies from Weld
County for the creation and maintenance of the Airport, but I do not
believe that the Council would have any authority to investigate the
inner workings of the Airport.
However, I should add that there is nothing to stop the Weld County
Council from requesting that the Airport Authority allow it to review
its books and records. In that regard I have been contacted by Richard
Farr, who is President of the governing board for the Airport, and he
has indicated that the Board would be more than happy to cooperate
with the Weld County Council in making its records available.
Sincerely,
670-e-C-L,r(A2,1_,7
ROBERT E. RAY
RER:jmj
ROBERT E. RAY
ATTORNEY AND COUNSELOR AT LAW
1122 9TH STREET #103
(303) 351-6083 GREELEY, COLORADO 80632 P.O. BOX 1501
June 4, 1981
Weld County Council
915-10th Street, Room 339
Greeley, Colorado 80631
RE: OPINION CONCERNING NECESSITY FOR
APPROVAL OF COMMISSIONERS WHEN
HIRING PERFORMANCE AUDITOR
TO: WELD COUNTY COUNCIL
I have been requested to render my opinion as to whether or not
the Weld County Council must obtain the approval of the Weld County
Board of Commissioners before hiring a Performance Auditor.
It is my opinion that the Weld County Council does not have to
obtain such approval prior to hiring a Performance Auditor. Section
13-8(7) of the Home Rule Charter for Weld County, Colorado, reads as
follows: For the purposes of assisting the Council in carrying out
the duties set forth in paragraph (6) above, the Council may appoint
a performance auditor who shall be responsible solely to the Council.
The Council shall determine his qualifications and compensation. He
shall serve at the pleasure of the Council. The office of performance
auditor need not be a permanent position, but the office may be filled
by the Council as it deems necessary.
I believe that there is only one reading possible of that Section,
and that is that the Weld County Council determines solely who it will
hire for a Performance Auditor, determines solely the qualifications
for such Performance Auditor, and determines solely the compensation
to be paid to such Performance Auditor.
However, I further believe that the Weld County Board of Commissioners
could refuse to make payments to any such Performance Auditor if it were
clear that the requested payments were totally unreasonable, or were
for work which was clearly outside of the scope of the Weld County
Council.
incerely,
ROBERT E. RAY
RER:jmj
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