HomeMy WebLinkAbout900743.tiff RESOLUTION
RE: SUBMITTING TO THE ELECTORS AT THE GENERAL ELECTION OF
NOVEMBER 6, 1990, AN AMENDMENT TO THE HOME RULE CHARTER FOR
WELD COUNTY
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, Article XVII, Section 17-1 (1) (b) , provides for
submittal to the qualified electors proposed Home Rule Charter
Amendments by Resolution of this Board, and
WHEREAS , mitigation of the impacts of solid waste sites and
facilities located inside or outside of municipalites within Weld
County is a matter of grave concern, and
WHEREAS, after study and consideration, the Board determines
that the proposed amendment to add a new Section 16-11 of Article
XVI of the Home Rule Charter for Weld County should be placed on
the ballot for the November 6, 1990 , General Election, and
WHEREAS, the Board determines that the Clerk to the Board
shall publish the full text of the proposed amendment within
thirty (30) days of this Resolution, along with notice that the
issue will be determined at the General Election of November 6,
1990 .
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the proposed
amendment adding a new Section 16-11 to Article XVI of the Home
Rule Charter for Weld County as set forth in Exhibit A, and
incorporated by this reference, be placed on the ballot for the
November 6 , 1990 , General Election, and that the question be
presented in substantially the form shown in Exhibit A.
BE IT FURTHER RESOLVED by the Board that the Clerk to the
Board publish notice of the Election, along with the full text of
the proposed amendment within thirty (30) days of enactment of
this Resolution in the New News , the legal newspaper for Weld
County.
BE IT FURTHER RESOLVED that each elector voting at the
Election and desirous of voting for or against each amendment
shall cast his or her ballot as provided by law either "yes" or
"no" on the proposition shown as question in Exhibit A.
900743
Page 2
RE: HOME RULE CHARTER AMENDMENTS
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 27th day of
August, A.D. , 1990 .
r
BOARD O COUNTY COMMISSIONERS
ATTEST: tolia 4/4✓L 7l WELD LINTY, CO O
Weld County Clerk to the Board te
ene R. Brantner, Chairman
�Cv- c
BY: i
� rr�.��_ ���-c ,�ii {,c : -._,.c George Kennedy, Pia-T-em _.
Deputy Clerk to the Board rgrizeAPPROVED AS TO FORM: Aance L. bert
: ' � � /. '
�✓ C.W. K1
i ' 'e v ilor")
f
ounty Attorney
Go .
900743
Cor_zcted 8/23/90
PROPOSED CHARTER AMENDMENT
QUESTION:
Shall a new Section 16-11 be added to Article XVI of the Home Rule
Charter of Weld County, Colorado, providing that a surcharge, in
an amount set by the Board of County Commissioners , may be
collected from users of all solid waste disposal sites and
facilities located within any portion of Weld County, regardless
of whether located within or without a municipality, for the
purpose of mitigating the impacts to the County and its residents
as a result of the siting and operation of solid waste sites and
facilities and providing certain terms and conditions for the
imposition of said surcharge?
Article XVI, Section 16-11 is proposed to be amended to read as
follows:
A. The Board of County Commissioners shall have the authority to
promulgate, by Ordinance, pursuant to Article III , Section
3-14 , of the Weld County Home Rule Charter, regulations
imposing a service charge on the users , in the form of a
surcharge, to be added to all fees received by any operator
of a solid waste disposal site and facility or transfer
station located within any portion of Weld County, Colorado.
"Solid waste disposal site and facility" shall mean any
facility which is required, pursuant to applicable provisions
of state law, to obtain a Certificate of Designation from the
Weld County Board of County Commissioners or approval by a
city, city or county, or town (collectively known as
"municipalities") prior to its operation.
B. Should the solid waste site and facility be one at which no
fee is collected for the reason that the facility serves an
individual user, the fee shall be computed based upon the
cost within the market for similar disposal services.
C. The rate of the surcharge may be adjusted by Ordinance in
accordance with the impacts to Weld County and its residents
resulting from the disposal of various classes of waste but
must be uniform within said classes. However, higher rates
may be imposed on users who generate the wastes outside of
Weld County for the following reasons : (1) in order that
landfill capacity be preserved for Weld County users; and (2)
in order to mitigate the impacts on infrastructure and
services provided by Weld County towards which out-of-county
generators of waste have not contributed through ad valorum
taxes.
Dere r 3
EXHIBIT "A"
D. No portion of this section shall require the collection of
the surcharge as against users of a solid waste site and
facility or transfer station owned and operated by a
municipality provided the solid waste is generated within the
municipality.
E. The surcharge collected pursuant to this section shall be
deposited in the Weld County Solid Waste Disposal Site and
Facility Fund to be used for the purposes of financing any
operations conducted by Weld County with respect to solid
waste disposal including, but not limited to, costs of health
inspections; removal of litter and debris from roadsides;
establishment, construction, and maintenance of roads
providing access to solid waste sites and facilities and
transfer stations within Weld County; financing the landfill
management program, equalizing costs for transfer sites in
[field County, Colorado; capital outlay associated with a
transfer site system; insurance costs; Weld County staff
support costs; financing the requirements for compliance with
the Resource Conservation Recovery Act; costs of designation
of future site locations; and remedying environmental
problems created by past and future solid waste sites and
facilities and other solid waste disposal sites.
900743
2
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COUNTY OF WELD ) a R i � a
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David H. Reynolds, being duly sworn , t • ,yamand 'a:
says that he is publisher of tgrata tame and
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The New News, a weekly newspaper p `tJ 11 ' •
published in Keenesburg in said Counts x)? , 'idz
and State; that said newspaper has a mnr . « eowdmoe i
general circulation in said County
and has been continously and M ,_ • I
uninterruptedly published therein , Chet '�°r the
during a period of at least e�,
�" �N. * '
fifty-two consecutive weeks prior to saeYNee eed`eq
the first publication of the annexed
ler-notice; that said newspaper is a "tom ' w
newspaper within the meaning of the ��
act of the General Assembly of the
State of Colorado, entitled "An Act x_ '� ringr
m a
to regulate the printing of legal L _�
ee t -pram to: M
notices and advertisements, " and emoid
then Ma the
amendments thereto; that the notice t 2 trais
it ait .�,�*�.,..
of which the annexed is a printed meet mevFet
set
copy taken from said newspaper, was
, �js�y
published in said newspaper, and in tho wt on to
. to
the regular and entire issue of eluutr * �°s
every number thereof , lifil mit mW
ai mdamn
ay be
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once a week for i t
successive weeks; that said notice Timmy* tr-
41
was so published in said newspaper minim wcounty
m tomni�a
proper and not in any supplement vr„outwmows
thereof , and that the first tier4 , a edie vare mm
publication of said notice as n atwe w 9aeefim the mlMdten a
aforesaid , was on the q
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and the last on! the `DO day ofLee A�: , aa�
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WELD CO ,
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Subscribed and sworn tt; bkfore
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me this e?d day of ÷C,atQLt) , feit
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