HomeMy WebLinkAbout840107.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING REPORT OF THE HOME RULE
CHARTER AMENDMENT STUDY COMMITTEE
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 , the Board of County Commissioners did, by Resolu-
tion dated Feburary 27 , 1984 , create the Weld County Home Rule
Charter Amendment Study Committee for the purpose of studying
the Weld County Home Rule Charter and making recommendations of
any needed amendments or revisions to said Charter which would
be beneficial to the citizens of Weld County, and
WHEREAS , the Home Rule Charter Amendment Study Committee has
submitted
Board containing comments ,
and proposed changestotheWeldCountyH
omeRulec
recommenda-
tions Charter,
and
WHEREAS , after study, the Board deems it advisable to accept
the report of the Home Rule Charter Amendment Study Committee,
and
WHEREAS , the Board further deems it advisable to consider
the ballot issues proposed by the Home Rule Charter Amendment
Study Committee on September 17 , 1984 .
NOW, THEREFORE , BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the report of the Home
Rule Charter Amendment Study Committee be, and hereby is ,
accepted.
BE IT FURTHER RESOLVED by the Board that the ballot issues
proposed by the Home Rule Charter Amendment Study Committee be
considered on September 17 , 1984 .
LHR 921A j
840107
Page 2
RE: ACCEPT REPORT OF HOME RULE CHARTER AMENDMENT STUDY COMMITTEE
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 5th day of
September, A.D . , 1984 .
{- BOARD OF COUNTY COMMISSIONERS
ATTEST a,wn 4A t WELD COUNTY, COL-(�ORADO'�_�
Weld Count�Clerk and Recorder Norman Carlson, Chairman
and Clerk to the Board
•
y put y�su n t r
�� �c�„�ee� J qu ine J
D •h son, Pro-Tem
D putt' County C k
APPROVED AS TO FORM:
Gene R. Brantner
�c� %c-i EXCUSED
County Attorney Chuck Carlson
EXCUSED
John T. Martin
August 16, 1984
Board of County Commissioners
915 10th Street
Greeley, CO 80631
Dear Members of the Board of County Commissioners:
As Chairperson of the Home Rule Charter Amendment Study Committee, I would
like to report to you that we have concluded our study of the Weld County
Home Rule Charter at our August 14, 1984 meeting; and submit to you the
following comments, recommendations and proposed changes to the Weld County
Home Rule Charter for submission to the voters at the November, 1984 General
Election.
The Committee found the Weld County Home Rule Charter to be basically a good
document, and as a whole, strongly support the concept of home rule. The
Committee did, however, determine that it would be in the County's best
interest for the Board of County Commissioners to support a petition drive
to get enough signatures to create a new Home Rule Charter convention to
thoroughly review and revise the Charter. The purpose would be to address
the many contemporary county issues being discussed by the citizens of Weld
County today regarding home rule government in Weld County.
Specifically, the Committee felt the issue of the County Council was too
significant to address via amendments to the current charter, but more
appropriately should be addressed in a comprehensive rewrite of a future
proposed charter. For this reason no amendments are specifically addressed
to deal with the issue of the County Council.
The Committee did encounter the following topics that do not warrant Charter
amendments, but require attention:
1. A proposed sales tax of 11% should be considered by the Board to
address the financing of the road and bridge needs in Weld County.
2. The Board should establish a written policy concerning preference
of local bidders (Section 14-9-(3)) .
3. The County Council should establish written standards and
guidelines concerning conflict of interest (Section 16-9) .
4. The County Council should establish written procedures insuring
due process for the consideration of suspension from office of an
elected official charged with a crime (Section 13-8(5)) .
Board of County Commissioners
August 16, 1984
Page two
Finally, it is recommended that the attached charter amendments be submitted
to the voters at the November, 1984 General Election. The Committee wishes
to express that the amendment regarding the 5% property p Y
limitation is by far the highest priority item recommended and most critical
to the government and people of Weld County.
Although we have concluded all of the work that we feel we were commissioned
to do, we will await the further word of the Board of County Commissioners
as to whether or not our committee should remain in existence or should
adjourn sine die.
Very truly yours
9-.-a-n -
S Steinmark,
Chairperson on behalf of the Weld County Home Rule Charter Amendment Study
Committee
EXHIBIT "A"
At the next general election to be held on November 6 , 1984 ,
there shall be submitted to the qualified electors of the County
of Weld, State of Colorado , for their approval or rejection, the
following amendments to the Home Rule Charter for Weld County,
Colorado , to-wit :
I. Section 1 . Section 14-7 of Article XIV of the Home Rule
Charter for Weld County, Colorado , is repealed and
re-enacted, with amendments , to read:
"(1) Limitation. Except as otherwise provided herein, all
ad valorum tax levies for county purposes , when applied to
the total valuation for assessment of the County , shall be
reduced so as to prohibit the levying of a greater amount of
tax revenue than was levied from ad valorum taxation in the
preceding year plus five percent (5%) except to provide for
the payment of bonds and interest thereon. In computing the
five percent limit, the increased valuation for assessment
attributable to growth shall be excluded. Growth shall be
defined as all increased assessed value except increased
values attributable to reappraisals .
(2) (a) In the event an increase beyond that which the
Board is authorized to levy is sought , the question may
be submitted to the qualified electors of the county at a general
or special election called for that purpose.
(b) Due notice of submission of the question of
whether to grant the increased levy shall be given
by the County Clerk at least thirty (30) days in
advance of the date set for the general or special
election by giving a public notice as provided
herein. If a majority of the votes cast at any
such election is in favor of the increased levy as
named in said election notice , then the County may
make such increased levy.
(c) In the event such increase shall be voted by the
electors under the preceding subsections , the
increased revenue resulting therefrom shall be
included in determining the five percent (5%)
limitation in the following year. "
Section 2 . Each elector voting at said election and
desirous of voting for or against said amendment shall cast
his vote as provided by law either "yes" or "no" on the
proposition:
"An amendment to Section 14-7 of Article XIV
of the Home Rule Charter for Weld County,
2
Colorado , repealing and re-enacting said
Section, with amendments , providing for a
limitation on ad valorum taxation of five
percent (5%) over the preceding year with an
allowance for increased valuation for
assessment attributable to growth, requiring a
vote of qualified electors of the County to
exceed said limitation, and providing
procedures therefor. "
II . Section 1 . Paragraph (5) of Section 14-9 of Article XIV of
the Home Rule Charter for Weld County, Colorado , is amended
to read:
"All purchases a€-$2;088:99-er-mere IN EXCESS
OF AN AMOUNT TO BE SET ANNUALLY BY THE BOARD
OF COUNTY COMMISSIONERS BY ORDINANCE shall be
by written, sealed bid and bids over $2;890-e9
THE AMOUNT SET ANNUALLY BY ORDINANCE BY THE
BOARD OF COUNTY COMMISSIONERS shall be
followed by a ten-day period for consideration
and investigation of the bids submitted to
determine comparisons of quality and price.
THE TEN-DAY WAITING PERIOD MAY BE WAIVED BY
RESOLUTION OF THE BOARD FOR EMERGENCY
PURCHASES . The Commissioners shall accept the
3
bid they find to be most beneficial to the
County."
Section 2 . Each elector voting at said election desirous of
voting for or against said amendment shall cast his vote as
provided by law either "yes" or "no" on the proposition:
"An amendment to paragraph (5) of Section 14-9
of Article XIV of the Home Rule Charter for
Weld County, Colorado , providing that written,
sealed bids and a ten-day period for
consideration and investigation of the bids be
required for purchases in excess of an amount
set annually by the Board of County
Commissioners by ordinance rather than an
amount currently set by Home Rule Charter of
$2 ,000 . 00 and allowing waiver of the ten-day
period for emergency purchases . "
III . Section 1 . Paragraph (4) (b) of Section 3-8 of Article III of
the Home Rule Charter for Weld County, Colorado , is amended
to read:
"Enact legislation including such means of
enforcement thereof as shall be authorized by
law, and otherwise formally promulgate County
4
policy. Unless otherwise required ALLOWED by
statute, the Board shall act only by ordinance
in matters of legislation , eentraets;
appropriations , and disposition of real
property and by ordinance , resolution , or
motion, as may be appropriate , in other
matters ."
Section 2 . Each elector at said election desirous of voting
for or against said amendment shall cast his vote as provided
by law either "yes" or "no" on the proposition:
"An amendment to paragraph (4) (b) of Section
3-8 of Article III of the Home Rule Charter
for Weld County, Colorado , clarifying that the
Board of County Commissioners may act by means
other than an ordinance where such action is
allowed by State statute and deleting the
requirement that the Board act by ordinance in
the matter of contracts . "
IV. Section 1 . Section 3-14 of Article III of the Home Rule
Charter for Weld County, Colorado , is repealed and _
re-enacted, with amendments , to read as follows :
5
"Ordinances shall be enacted in accordance
with procedures set forth by State statute. "
Section 2 . Each elector at said election and desirous of
voting for or against said amendment shall cast his vote as
provided by law either "yes" or "no" on the proposition:
"An amendment to Section 3-14 of Article III
of the Home Rule Charter for Weld County,
Colorado, repealing and re-enacting, with
amendments , said section to provide that the
procedures for enacting an ordinance be in
accordance with State statute and deleting
procedures set by the Home Rule Charter."
V. Section 1 . Paragraph (4) of Section 13-8 of Article XIII of
the Home Rule Charter for Weld County, Colorado, is repealed
as 'follows :
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presented --es---provide --in---Ar-tie1e- �F,-- tie
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se t_tff4.eer,--the- Counei-1 -meY appe4.x-t--some
tue1-i-€icd-persen-te-pe-f€e-rmr-t ttice -o€-the
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o-€€i-ee-peaM g--t-he--ceea4I--e-l-eeti-FrE r --I-n--the
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Section 2 . Each elector at said election and desirous of
voting for or against said amendment shall cast his vote as
provided by law either "yes" or "no" on the proposition:
"An amendment to paragraph (4) of Section 13-8
of Article XIII of the Home Rule Charter for
Weld County , Colorado , repealing the authority
of the County Council to suspend an elected
official prior to the election on the petition
for recall following presentation of a
petition for recall . "
VI. Section 1 . Paragraph (3) of Section 5-3 of Article V of the
Home' Rule Charter for Weld County , Colorado , is amended to
read:
"(3) The County Attorney shall , upon requtst
of elective county officers , issue formal
written opinions on questions of law;-whieh
skell-be-maintained-by-the-Geunty-as-publie
deeuments .
Section 2. Each elector at said election and desirous of
voting for or against said amendment shall cast his vote as
provided by law either "yes" or "no" on the proposition:
"An amendment to paragraph (3) of Section 5-3
of Article V of the Home Rule Charter for Weld
County, Colorado , deleting the requirement
that formal written opinions of the County
Attorney on questions of law be maintained by
the County as public documents . "
8
August 16, 1984
Weld County Council
915 10th Street
Greeley, CO 80631
Dear Council Members:
The Home Rule Charter Amendment Study Committee has made the attached
recommendations to the Board of County Commissioners. We would ask you to
note the following two recommendations concerning the County Council:
1. The County Council should establish written standards and
guidelines concerning conflict of interest (Section 16-9) .
2. The County Council should establish written procedures insuring
due process for the consideration of suspension from office of an
elected official charged with a crime (Section 13-8-(5)) .
Neither of these issues call for a Charter Amendment, but the above
recommendations would enhance the workings of Weld County Government and
implementation of the Home Rule Charter.
Your attention to these recommendations would be appreciated by the
Committee and beneficial to the people of Weld County.
Ver truly yours,
June Steinmark, Chairperson
Wome Rule Charter Amendment Study Committee
JS/ch
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