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THIRD READING
O F
HOME RULE CHARTER
F O R
WELD C O U N T Y, COLORADO
Presented to the County Commissioners
July 2, 1975
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921661
AMENDMENTS
1 . Article V, Section 2 . . . . 30
Effective date - January 1, 1979
2 . Article XIV, Section 14-9 (5) 57
Effective date - January 1, 1985
3 . Article III, Section 3-7 7
Section 3-11 (2) 12
Section 3-14 (7) 14
Effective date - July 1, 1990
4 . Article VI , Section 6-1 32
Effective date - July 1, 1990
5 . Article VIII , Section 8-2 ( 3) 36
Section 8-2 (5) 36
Effective date - July 1, 1990
6 . Article V, Section 5-2 30
Effective date - March 22 , 1990
7 . Article VI, Section 6-3 32
Effective date - March 22, 1990
8 . Article XIII , Section 13-9
Subsections (2) , (4) , and (6) 49
Subsections ( 8) , and (9) 50
Effective date - March 22, 1990
9 . Article XVI, Section 16-10( 30) 71
Effective date - March 22, 1990
10 . Article XVI , Section 16-11 72
Effective date - November 7, 1990
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PREAMBLE vi
ARTICLE I -- NAME, NATURE, BOUNDARIES, COUNTY SEAT 1
Section
1 Name 1
2 Nature and Legal Capacity 1
3 Boundaries 1
4 County Seat 1
ARTICLE II -- COUNTY POWERS 2
Section
1 General Powers 2
2 Exercise of Power 2
3 Cooperative Agreements 3
4 Service Districts 3
5 Construction 4
ARTICLE III -- BOARD OF COUNTY COMMISSIONERS 5
Section
1 Composition 5
2 Districts 5
3 Qualifications of Members 6
4 Terms of Office 6
5 Chairman of the Board of County Commissioners . . . 6
6 Commissioner -- Departments 7
7 Clerk to the Board 7
8 Powers and Duties 8
9 Compensation 11
10 Rules of Procedure 12
11 Meetings 12
12 Quorum 13
13 Majority Required 13
14 Ordinances 13
15 Vacancies 15
ARTICLE IV -- DEPARTMENTS OF COUNTY GOVERNMENT 16
Section
1 Departments Created 16
2 Department of Finance, Central Purchasing,
and Personnel 17
3 Department of Health Services 21
4 Department of Planning Services 24
5 Department of Engineering Services 28
6 Department of Communications Services 28
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ARTICLE V -- DEPARTMENT OF LAW 30
Section
1 County Attorney -- Appointment 30
2 Qualifications 30
3 Duties 30
4 Special Counsel 31
ARTICLE VI -- ELECTIVE OFFICERS 32
Section
1 Elective Officers 32
2 Oath of Office 32
3 Vacancy 32
4 Term of Office 33
5 Qualifications 33
6 Compensation 33
ARTICLE VII -- COUNTY ASSESSOR 34
Section
1 Bond 34
2 Duties 34
3 Qualifications of Chief Deputy 35
ARTICLE VIII -- COUNTY CLERK 36
Section
1 Bond 36
2 Duties 36
ARTICLE IX -- COUNTY CORONER 37
Section
1 Duties 37
ARTICLE X -- COUNTY SHERIFF 38
Section
1 Qualifications 38
2 Bond 38
3 Duties 38
4 Qualifications of Undersheriff 39
5 Duties of Undersheriff 39
6 Jailer -- County not Furnish Residence 40
ARTICLE XI -- COUNTY TREASURER 41
Section
1 Bond 41
2 Duties 41
3 Qualifications of Chief Deputy , 42
4 Investment of Funds 42
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ARTICLE XII -- OFFICE OF COUNTY SURVEYOR ABOLISHED 43
Section
1 Office of County Surveyor Abolished 43
2 Transfer of Duties 43
3 Existing Property and Records 43
ARTICLE XIII -- COUNTY COUNCIL 44
Section
1 Composition 44
2 Qualifications of Members 44
3 Terms of Office 44
4 Organization 45
5 Quorum -- Majority -- Action 45
6 Compensation 46
7 Vacancies 46
8 Powers and Duties 46
9 Nomination of Councilmen 48
ARTICLE XIV -- FINANCE AND BUDGET 52
Section
1 Fiscal Year 52
2 Annual Budget 52
3 Capital Improvements Program and Budget 53
4 Audits 53
5 Funds 54
6 Long-Term Financing 54
7 Limitation on Annual Tax Levy 54
8 Limitation of Capital Expenditures 56
9 Bidding -- Procedure 56
ARTICLE XV -- ELECTIONS 58
Section
1 General Elections 58
2 Special Elections 58
3 Recall 58
4 Initiative and Referendum 61
ARTICLE XVI -- GENERAL PROVISIONS 65
Section
1 Continuity of Government 65
2 Eminent Domain 65
3 Bonding of Officers 65
4 Invalidity of Part -- Severability 66
5 Article and Section Titles 66
6 Public Notice 66
7 Vacancy 67
8 Boards -- Composition 67
9 Conflict of Interest 68
10 Definitions 69
11 Solid Waste Disposal Sites -- Surcharge 72
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ARTICLE XVII -- AMENDMENTS TO CHARTER 73
Section
1 Procedure to Amend or Repeal Charter 73
2 Conflicting Amendments 74
ARTICLE XVIII -- TRANSITIONAL PROVISIONS 75
Section
1 Purpose of Article 75
2 Effective Date of Charter 75
3 Transition of Elective County Offices 75
4 Elections to Fill New Commissioner Positions . . . 76
5 Elections to Fill New County Councilman Positions . 76
6 Salaries 77
7 Prior Legislation and Policies 77
8 Existing Contracts 77
9 Continuation of Employment 78
10 Appointive Boards and Commissions 78
11 Continuation of Programs 78
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PREAMBLE
We, the people of Weld County, Colorado, in order to avail ourselves of
self-determination in county affairs to the fullest extent permissible under
the Constitution and laws of the State of Colorado, and in order to provide
uncomplicated, unburdensome government responsive to the people, and in order
to provide for the most efficient and effective county government possible,
do hereby ordain, establish and adopt this Home Rule Charter for Weld County,
Colorado.
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ARTICLE I
NAME, NATURE, BOUNDARIES, COUNTY SEAT
Section 1-1 -- Name.
The name of the county as it operates under this Charter shall continue to be
Weld County.
Section 1-2 -- Nature and Legal Capacity.
From the time that this Charter takes effect the County shall continue to be:
( 1) an agency of the State and
(2 ) a body politic and corporate.
Section 1-3 -- Boundaries .
The boundaries of the County as it operates under this Charter shall be the
boundaries now or hereafter prescribed for the County by the laws of the
State.
Section 1-4 -- County Seat.
The seat of government of the County as it operates under this Charter shall
continue to be in the City of Greeley; provided nothing herein shall prevent
the location of county buildings and facilities elsewhere in the County.
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ARTICLE II
COUNTY POWERS
Section 2-1 -- General Powers .
Except as this Charter provides to the contrary, Weld County shall exercise
and provide all mandatory and permissive county powers and functions as
provided by law and shall have all rights and powers now or hereafter granted
or allowed by the laws of the United States and under the Constitution and
laws of the State of Colorado for exercise by counties; in addition thereto,
it shall be authorized without amendment to this Charter to provide all
functions, services, and facilities and to exercise all prerogatives,
functions, duties, and powers that may now or hereafter be authorized by the
Constitution of the State of Colorado and statutes enacted pursuant thereto
for home rule counties, it being the intent and purpose of the people in
adopting this Charter to vest their county government with all of the
prerogatives and powers of local government that are now or in the future
shall be available to it.
Section 2-2 -- Exercise of Power.
All executive, administrative, and legislative powers, functions, duties and
prerogatives now or hereafter possessed by Weld County shall be vested in a
Board of County Commissioners in the Elective Officers provided for by this
Charter. Executive and administrative powers, hereby vested in the Board
may, to the extent provided in this Charter, be exercised by the departments
herein established as agents of the Board. The legislative powers of the
County shall be exercised only by the Board.
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Section 2-3 -- Cooperative Agreements .
The County shall have the power to enter into contracts or agreements with
other governmental units for joint use of buildings, equipment and
facilities, and for furnishing and receiving commodities or services,
including law enforcement services . Such agreements or contracts shall be
authorized only by the Board of County Commissioners .
Section 2-4 -- Service Districts .
The County shall have the power, when authorized and permitted by law, and
requested by a district, to provide functions and services within existing
service districts . New service districts may be created only after the
purpose and boundaries of such district have been submitted to and approved
by a majority of those voting electors living in and owning property in the
district. The procedure for designating and establishing special districts
and submitting the question to the voters shall be established by the Board.
Special districts may be created under such laws as are now in effect or may
hereafter be adopted.
The County shall have the power to charge, levy and collect such taxes and
other revenues as may be authorized or permitted by law or this Charter
within such service districts for the support of district functions and
services .
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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.
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ARTICLE III
BOARD OF COUNTY COMMISSIONERS
Section 3-1 -- Composition.
The Board of County Commissioners shall consist of five members elected as
follows :
( 1) Three members, each nominated, elected and residing in separate
geographic districts as established in Section 3-2 of this Article.
(2) Two members, each nominated and elected from the County at large.
Section 3-2 -- Districts .
( 1) There are hereby established three geographic commissioner
districts numbered district 1, 2 and 3 which shall, initially,
correspond to the three commissioner districts in existence on the
effective date of this Charter.
(2 ) The Board shall review the boundaries of the districts when
necessary, but not more often than every two years, and then revise
and alter the boundaries so that districts are as nearly equal in
population as possible.
( 3) Any change in the boundaries of a County Commissioner' s district
which shall cause a duly elected or appointed Commissioner to be no
longer a resident of the district which he represents shall not
disqualify him from holding office during the remainder of the term
for which he was elected or appointed.
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Section 3-3 -- Qualifications of Members .
Commissioners from districts shall reside within their geographic districts
when nominated, elected or appointed and during their terms of office.
Section 3-4 -- Terms of Office.
( 1) The terms of office of County Commissioners shall commence on the
first working day of the year immediately following the general
election at which they are elected and shall be for four years,
with terms staggered as follows : Two Commissioners, one each from
geographic districts numbered one and three and one Commissioner
elected at large, shall be elected for four-year terms at the
general election in 1976 and each four (4 ) years thereafter; and
one Commissioner for geographic district number two and one
Commissioner elected at large shall be elected for a four (4 ) year
term at the general election in 1978 and each four (4 ) years
thereafter.
(2) The term of office of a Commissioner shall continue until his
successor is elected and qualified.
(3) No person shall serve more than two full consecutive terms as
County Commissioner.
Section 3-5 -- Chairman of the Board of County Commissioners .
( 1) The Board, from among its members, shall elect annually at its
first meeting in January of each year, a Chairman of the Board.
(2) The Chairman shall preside over meetings of the Board.
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( 3) The Board, from among its members, shall elect annually at its
first meeting in January of each year, a Chairman Pro-Tem, to
preside over meetings in the absence of the Chairman.
Section 3-6 -- Commissioner -- Departments .
( 1 ) The Department of Finance, Central Purchasing, and Personnel shall
be coordinated by the Chairman of the Board of County
Commissioners .
(2) Each of the other four major departments, as established by Article
IV, shall be coordinated by one of the other Commissioners together
with assistance from another Commissioner, both of whom shall be
appointed by the Board at its first meeting in January each year.
Section 3-7 -- Clerk to the Board.
( 1) The Clerk to the Board shall be appointed by and under the
direction of the Board of County Commissioners of Weld County. The
Board of County Commissioners may employ such Deputy Clerks to the
Board as may be necessary or required to carry out the duties of
the office. The deputies shall be subject to the personnel
policies, rules and regulations, and classifications and
compensation plans adopted pursuant to Section 4-2, Article IV(B)
of this Charter. The Clerk to the Board may be made subject to the
same provisions of Section 4-2, Article IV(B) , by resolution of the
Board.
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(2) The Clerk to the Board shall be custodian of the County seal, and
records and papers of the Board of County Commissioners; shall
maintain a journal and record of Board proceedings; record all
motions; resolutions; actions of and votes by the Board; shall be
the agent of the County for service of process; and shall perform
such other duties as are now or may hereafter be prescribed by law
for Clerks of Boards of County Commissioners or by this Charter.
Section 3-8 -- Powers and Duties .
( 1) The Board of County Commissioners shall be the governing body of
the County. It shall exercise all the powers and perform all the
duties now required or permitted or that may hereafter be required
or permitted by State law to be exercised or performed by County
Commissioners in either home rule or non-home rule counties .
( 2) It shall exercise all powers of the County to determine policy and
to enact legislation.
( 3) It shall be responsible for the proper exercise by the County
departments and other agencies established by this Charter or by
the Board for all executive and administrative powers and duties
delegated thereto.
(4 ) Without limiting the generality of the foregoing or diminishing the
total authority and responsibility of the Board as herein provided,
the powers and duties of the Board shall include duties and powers
to:
(a) Perform or provide for the performance of any duties and
responsibilities required by statute or the Constitution of
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Colorado of County Commissioners in home rule counties and
non-home rule counties .
(b) Enact legislation including such means of enforcement thereof
as shall be authorized by law, and otherwise formally
promulgate county policy. Unless otherwise required by
statute, the Board shall act only by ordinance in matters of
legislation, contracts, appropriations, and disposition of
real property, and by ordinance, resolution or motion, as may
be appropriate, in other matters .
(c) Appoint, remove and establish qualifications of department
heads, and through them, direct the functions of county
offices, departments, divisions and agencies .
(d) Appoint and remove the County Attorney, pursuant to Section
5-1 of this Charter, and retain such other professional
advisors as the Board may deem necessary.
(e) Adopt an administrative code.
( f) Develop, or cause to be developed, a system of employment
policies, rules, job classification and compensation plans in
accordance with generally accepted principles and promulgate
such policies, rules and plans, under the authority of and in
compliance with the provisions of pertinent Colorado and
Federal statutes and this Charter.
(g) Initiate suits or actions on behalf of the County.
(h) Create such agencies, boards and commissions as the Board may
deem necessary or as may be required by State law, and appoint
the members thereof. The action creating an agency, board or
commission shall also set forth compensation, duties, and
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responsibilities as well as any qualifications and conditions
of service. The Board may designate itself to perform the
functions and exercise the process of any such board or
commission, unless prohibited by State law or this Charter.
( i) Appropriate funds for all lawful purposes .
( j ) Establish and levy taxes, charges, fees and licenses .
(k) Regulate, license, and tax utilities to the extent permitted
by law.
( 1) Purchase or otherwise acquire, hold, own, sell, trade,
transfer, divide, lease, encumber, or reserve interest in real
and personal property, and receive gifts and grants, in the
name of the County.
(m) Approve and execute, on behalf of the County, all contracts .
Contracts shall be executed for the Board by the Chairman.
(n) Act as a Board of Appeals to hear complaints on actions taken
by county boards, commissions and departments . Procedure for
appeals shall be as set forth in the administrative code, or
by resolution of the Board. No person shall be denied the
right to appeal, provided they comply with the administrative
procedures established by the Board.
(o) Establish salaries or other compensation for the County
Attorney, Assistant County Attorneys, and all other employees,
or appointees not included within the Personnel system.
(p) Provide for reimbursement of actual expenses of food, travel,
and lodging necessary for performance of the duties of a
County Commissioner, County Councilman, county officer, county
employee, or member of an appointed board or commission.
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(q) Authorize multi-jurisdictional performance of duties and
functions with other units of government, and, under
procedures provided by law, cause the County to be included
within such districts consisting of two or more counties or
parts thereof as may be authorized or provided by law for the
joint performance of county functions or the performance of
regional functions .
(r) Establish a municipal conference to be called by the Board of
County Commissioners not less than three times each year to
which all municipal officials shall be invited and appropriate
agendas developed in order that mutual problems be considered.
(s) Require that all inspections of whatever type made by county
officers or employees be made promptly and without
unreasonable delay.
(t) Perform or exercise, or provide for the performance or
exercise of, any or all permissive functions, services,
facilities and powers that may now or in the future be
authorized by law and not specifically mentioned or assigned
by this Charter. The Board shall perform or assign any
mandatory duty, responsibility or function required of the
County by the laws or Constitution of the State, which may
have been omitted in this Charter.
Section 3-9 -- Compensation.
( 1) Compensation of members of the Board shall be fixed by the County
Council .
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(2 ) No member' s compensation shall be increased or decreased during his
term of office, except as permitted by law.
( 3) Until otherwise set, the salary of the members of the Board shall
be: Commissioners of Districts 1 and 3, $10, 000 .00; and
Commissioner of District 2 and Commissioners at large, $15, 000 . 00
per year.
Section 3-10 -- Rules of Procedure.
The Board shall adopt rules of procedure governing the time, place, and
conduct of its meetings and hearings, and the introduction of and action on
motions, resolutions and ordinances. The Board may also adopt procedures for
requiring attendance of its members . All official meetings shall be open to
the public, and no action shall be taken by the Board other than at an
official meeting. A record of proceedings shall be taken and preserved, and
it shall be a public record.
Section 3-11 -- Meetings .
( 1) Regular Board meetings shall be held at least twice weekly on days
to be determined by the Board by resolution, except a regular
meeting may be cancelled; however, by resolution of the Board
passed and publicly announced at least ten ( 10) days prior to the
cancelled meeting date.
(2) Special meetings shall be called by the Clerk to the Board upon the
written request of the Chairman or of any three ( 3) members of the
Board. Each member of the Board shall be provided at least twenty-
four hours written notice of such meeting, served personally or
left at each members usual place of residence. However, a special
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meeting called as herein provided may be held on shorter notice if
all members of the Board are present or have waived notice thereof
in writing. A copy of the notice of a special meeting shall be
posted in a conspicuous place in the offices of the Board at the
time such notice is given to members of the Board. No business
shall be transacted at a special meeting unless the same has been
stated in the notice of such meeting.
(3) When a regular or special meeting is adjourned or recessed to a
time certain, notice of the time and place of the reconvening
thereof shall be posted in a prominent place in the offices of the
Board.
Section 3-12 -- Quorum.
Three of the members of the Board in office at the time shall be a quorum for
the transaction of business .
Section 3-13 -- Majority Required.
Any resolution or ordinance to be adopted, amended, or repealed, shall
require concurrence of three of the members of the Board in office at the
time.
Section 3-14 -- Ordinances .
( 1) An ordinance may be introduced at any regular meeting by any member
of the Board. Upon introduction it shall be presented and read a
first time, and public notice of the proposed ordinance given at
least ten ( 10) days before its second reading. If, upon second
reading, a majority of the Board approves the ordinance, public
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notice shall be given a second time as a proposed ordinance, at
least ten ( 10) days before its final passage. Upon final adoption,
public notice shall again be given.
(2 ) Except in case of an emergency ordinance, an ordinance shall become
effective five (5) days after its final public notice unless a
later date is specified in the ordinance.
( 3) Every ordinance, except a general budget ordinance, a general
appropriation ordinance, and an ordinance adopting a code by
reference, shall be confined to a single subject which shall be
clearly expressed in its title.
(4 ) All ordinances shall be introduced in written or printed form. No
ordinance shall be amended by reference to its title only, but the
revised sections of the ordinance, as amended, shall be re-enacted
in full and public notice given, except as otherwise provided
herein for amendments to codes . However, an ordinance or section
thereof may be repealed by reference to its title and ordinance or
code number only.
(5) The enacting clause of all ordinances shall be: "Be it ordained by
the Board of County Commissioners of Weld County, Colorado. "
( 6 ) An ordinance which is declared therein to be an emergency ordinance
may be enacted by four-fifths vote of the Commissioners at the
meeting at which it is introduced without any requirement of prior
public notice. Public notice of an emergency ordinance shall be
given forthwith after passage. The effective date of an emergency
ordinance shall be the date of its enactment unless a later date is
specified in the ordinance. An emergency ordinance shall contain
a specific statement of the emergency.
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( 7 ) The Chairman shall sign and the Clerk to the Board shall attest to
all ordinances approved by the Board. All ordinances of the County
shall be indexed by subject by the Clerk to the Board and kept in
a book for that purpose which shall be a public record.
(8) Standard codes, promulgated by the Federal Government, the State of
Colorado, or by an agency of either of them, or by any municipality
within the State of Colorado, or by recognized trade or
professional organizations, or amendments or revisions thereof, may
be adopted by reference; provided the public notice of the
ordinance adopting any said code shall advise that copies thereof
are available for inspection at the office of the Clerk of the
Board, and provided that any penalty clause in said codes may be
adopted only if set forth in full in the adopting ordinance.
( 9 ) The Board shall cause the permanent ordinances to be codified
periodically. Such codification may be of the entire body of
permanent ordinances or of the ordinances of some particular
subject. Such codification may be re-enacted by reference by the
Board or may be authenticated in such manner as may be designated
by ordinance. No codification ordinance shall be invalid on the
grounds that it deals with more than one subject.
Section 3-15 -- Vacancies .
( 1) A vacancy in the office of County Commissioner shall be filled by
appointment by County Council .
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(2 ) A vacancy in any other elected office, except Councilman, shall be
filled by appointment by the Board. Said appointee shall be of the
same political party as that of the previous officer and the
appointment shall be effective until the next general election, at
which time a person shall he elected for the remainder of the term,
if any.
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ARTICLE IV
DEPARTMENTS OF COUNTY GOVERNMENT
Section 4-1 -- Departments Created.
( 1) There are hereby created the Department of Finance, Central
Purchasing, and Personnel; the Department of Health Services; the
Department of Planning Services; the Department of Engineering
Services; and the Department of Communications Services .
(2 ) The Chairman of the Board of County Commissioners shall be
responsible for coordination of the Department of Finance, Central
Purchasing, and Personnel .
( 3) The coordinator of each of the other departments shall be the
responsibility of one of the other Commissioners .
(4 ) Except as otherwise provided in this Charter, each department or
division may be administered by a director, or directors appointed
by the Board of County Commissioners, and subject to the immediate
coordination of the Commissioner responsible for the department.
Each director shall be responsible within his department, subject
to the approval of the Board and the regulations of the Personnel
system, for the appointment, promotion, discipline and discharge of
employees of that department. Responsibility for coordinating the
Departments of Health Services, Planning Services, Engineering
Services, and Communications Services shall be rotated annually.
(5) Each department may be divided into as many divisions as the Board
of County Commissioners may determine to be necessary or desirable.
Each division may be headed by one person responsible directly to
the department director.
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( 6 ) Nothing herein shall prevent the appointment of one person as head
of more than one division.
( 7 ) Nothing herein shall apply to the Department of Law.
( 8) The Board shall organize and may reorganize the departments
established by this Charter, and assign or reassign functions and
duties between departments and divisions, and may create additional
divisions .
(9) In case of reorganization or reassignment, there shall not be more
than five departments at any time (not including the Department of
Law) including the Department of Finance, Central Purchasing, and
Personnel .
Section 4-2 -- Department of Finance, Central Purchasing, and Personnel .
(A) The Division of Finance and Central Purchasing shall :
( 1) With the assistance of the elected officials and department
directors, gather together the information necessary for the
preparation of the budget, and in such form as the Board directs,
prepare a preliminary draft of the budget for the next fiscal year
and submit it to the Board by such date as the Board may direct.
Such preliminary draft shall include recommended operating,
expenses, capital expenditures, and revenue sources for all
departments and units of the County government, and any other
information deemed necessary.
(2) Prepare monthly financial statements, budget and appropriation
reports as directed.
( 3) Assist the Board in administration of the budget and in preparation
of appropriation ordinances .
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(4) Establish, maintain and operate the Central Purchasing Office for
the County. Responsibilities of the Purchasing Office shall
include the purchase, storage and distribution of supplies,
materials, property, equipment and inventory pursuant to policies
and procedures established by the Board and in accordance with this
Charter and the laws of the State.
( 5) Exercise such additional powers and perform such additional
functions and duties as may be required by the Board.
( 6) The Division of Finance and Central Purchasing shall be under the
direction of a Finance Officer whose duties shall include the
following:
(a) The County Finance Officer shall, on behalf of the Board of
County Commissioners, act as Chief Accounting Officer of the
County and manage, supervise, coordinate and direct the
activities of the Division of Finance and Central Purchasing.
He shall be responsible to the Board of Commissioners for the
proper execution, administration and functioning of the
affairs of the above described divisions of Weld County,
including the performance by the respective divisions and
officers of those functions, duties and services permitted or
required by this Charter.
(b) Cause the policies adopted or approved by the Board of County
Commissioners to be implemented in those divisions as required
by the Board of County Commissioners and insure that the
activities of those departments are consistent with the
policies determined and set by the Board of County
Commissioners .
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(c) Supervise and direct the preparation of the budget.
(d) Exercise control over purchases and expenditures and keep the
Board of County Commissioners advised of the financial
condition and future needs of the County.
(B) The Division of Personnel shall :
( 1) Assist the Board in the preparation of a system of employment
policies, rules, job classification and compensation plans in
accordance with generally accepted Personnel principles .
( 2) Such system shall include at least the following:
(a) Employment and promotion in the County government shall be
made upon the basis of quality, education, training, and
experience necessary to carry out the duties and
responsibilities of the work to be performed.
(b) Classification and compensation according to duties and
responsibilities pursuant to adoption of a classification and
pay plan which shall from time to time be reviewed and amended
by the Board as necessary.
(c) Standards of employment based on conduct and performance of
work and the procedures for creating and abolishing positions .
(d) Dismissal, disciplinary and employee grievance procedures .
(e) An appointing or employing authority may not employ or request
the employment of any person who is related to him as spouse,
parent, child, brother, sister or in-law.
( f) No employee shall, during working hours, engage in any
political activity. Any person employed with the County,
except an elected official, who seeks election to a partisan
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public office, shall request a leave of absence, without pay,
immediately after announcement of his candidacy.
(g) The official hours of all Weld County Departments shall be as
established by the Board in the Personnel Policies rules and
regulations .
(h) The Personnel system shall comply with the provisions of
pertinent Colorado and Federal statutes .
(3) The Personnel Policies, rules and regulations and classification
and compensation plans may be amended by the Board.
(4 ) The Board of County Commissioners shall implement a Personnel
system which shall become effective no later than twelve ( 12)
months from the effective date of this Charter.
(5) No county employee shall lose any vested retirement benefits by
reason of any change in retirement plans .
( 6 ) Elected officials shall make appointments to fill vacancies in
their departments from a list of names certified by the Personnel
Department to be qualified for the position to be filled. The
elected official may interview each person on the list and examine
the qualifications and shall have the authority to reject all
persons on the list, whereupon the Personnel Department shall
certify a new list.
Elected officials shall have direct authority over the employees in
their respective offices pursuant to the County Personnel Policies,
rules, regulations, job classification and compensation plans .
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(7) All employees of the County shall be included within the provisions
of the Personnel system, except the Board may, in its discretion,
exclude the employees of certain divisions, and except the
undersheriff and chief deputy of each elected official, temporary
employees, advisors, and consultants retained by contract, the
County Attorney and Assistant County Attorneys, and except as
otherwise provided by law.
( 8) The Board of County Commissioners shall appoint an appeals board to
which an employee may appeal his dismissal, suspension, demotion,
or other grievance.
(a) The number of members, term, and qualifications of the appeals
board shall be set forth by the Personnel Policies, rules and
regulations .
(b) The procedures for appeal shall be outlined in the Personnel
Policies, rules and regulations .
(C) The Department of Finance, Central Purchasing, and Personnel shall
contain such other divisions as may from time to time be established by
the Board, and shall perform such functions and duties as may from time
to time be assigned or reassigned to it.
Section 4-3 -- Department of Health Services .
(A) Division of Public Health.
( 1) The Director of Public Health shall be appointed by the Board upon
consultation with the Board of Health.
(2 ) The Director of Public Health shall :
(a) Have all powers and duties now provided or as hereafter
provided by State law for health departments in Colorado.
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(b) Direct supervision of the Environmental Health Services .
(c) Cooperate and work jointly with the Commissioner assigned to
the Department of Health Services on all county health related
activities .
(d) Make recommendations to the Board for the purpose of helping
to eliminate and avoid the duplication of services in county
health related areas .
(e) Evaluate all health programs that affect Weld County.
( f) Cooperate with the Commissioner assigned to the Department of
Health Services, in order to plan, cooperate and contract with
other county health agencies so that all programs benefit from
the combined use of facilities and staff.
(g) Work with regional, state and federal authorities relating to
public health programs in Weld County.
(h) Report at least annually to the Board on all matters set forth
above.
( i) Perform such functions and duties as the Board shall direct.
( 3) The Board of County Commissioners shall appoint a Board of Public
Health consisting of nine persons . Such board shall be chosen as
follows :
(a) The Board of County Commissioners shall determine six
geographic areas and appoint one member from each of the
geographic areas . Each member shall reside within the
geographic area for which he is appointed at the time of his
appointment and during his term.
(b) Three members shall be appointed from the County at large.
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(c) The geographic boundaries may be adjusted from time to time by
the Board of County Commissioners .
(d) The term of office shall be for three years, said terms to be
staggered so that two members from geographic areas and one
member at large are appointed each year. The Board of
Commissioners shall make the initial appointments for one, two
and three years, in order to initiate the staggered terms . No
person shall serve more than two consecutive terms as a
member.
(4) The Board of Public Health shall adopt by-laws which shall state
the purposes of the Board and shall at least:
(a) Provide for the selection of its officers, and for appointment
of standing and special committees necessary to effect the
discharge of its responsibilities .
(b) Provide for the adoption of a schedule of meetings and
attendance requirements .
(c) Require that minutes be kept of the Board of Public Health
deliberations and decisions .
(d) Require five members constitute a quorum.
(e) Provide for studying county health programs and direct their
implementation in cooperation with the Director of Public
Health and the Board of County Commissioners .
(B) Hospital Division.
( 1 ) Except as provided herein, the administration of Weld County
General Hospital shall remain as provided by law and the rules and
regulations of the Board of Trustees, and they shall be directly
responsible to the Board of County Commissioners .
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(2) Members of the Hospital Board of Trustees shall be appointed for
three-year terms and no person shall serve more than two
consecutive terms .
( 3) The County Attorney shall represent and advise the Board of
Trustees .
(C) Other Divisions .
The Department of Health Services shall contain such other divisions as
may from time to time be established by the Board, and shall perform
such functions and duties as may from time to time be assigned or
reassigned to it.
Section 4-4 -- Department of Planning Services .
(A) Division of Planning, Zoning and Inspection.
( 1) A director of the Department of Planning Services shall be
appointed by the Board upon consultation with the Planning
Commission.
(2) The Director of Planning Services shall :
(a) Be responsible for the administration and coordination of the
Planning, Zoning and Inspection Divisions .
(b) Subject to rules and regulations promulgated by the Planning
Commission:
( i) Supervise the issuance of all building permits .
( ii) Direct and coordinate the activities of the building,
electrical and plumbing inspections .
(c) Coordinate activities between the Board of Adjustment and the
Planning Commission and provide the necessary liaison
personnel to work with the Board of Adjustment.
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(d) Coordinate the activities assigned to the Planning Commission
affecting the County in connection with the Regional Council
of Governments .
(e) Be responsible for planning and coordinating of all county
parks and recreational facilities .
( f) Perform such functions and duties as the Board shall direct.
( 3) The Board of County Commissioners shall appoint a Planning
Commission consisting of nine persons . Such commission shall be
chosen as follows :
(a) The Board of County Commissioners shall determine six
geographic areas and appoint one member from each of the
geographic areas . Each member shall reside within the
geographic area for which he is appointed at the time of his
appointment and during his term.
(b) Three members shall be appointed from the County at large.
(c) The geographic boundaries may be adjusted from time to time by
the Board of County Commissioners .
(d) The term of office shall be for three years, said terms to be
staggered so that two members from each geographic area and
one member at large are appointed each year. The Board of
County Commissioners shall make the initial appointments for
one, two and three years, in order to initiate the staggered
term. No person shall serve more than two consecutive terms
as a member.
(4) The Planning Commission:
(a) Shall act and decide on all petitions and applications
submitted to it pursuant to law or regulation.
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(b) Shall perform such functions and duties as shall be provided
by law and as shall be directed by the Board.
(c) All decisions of the Planning Commission shall be subject to
appeal and review by the Board in accordance with State law
and the rules and regulations established by the Board.
(d) Applications for rezoning shall be referred to the Board in
accordance with the state law and the rules and regulations of
the Board.
(e) No utility transmission system shall be constructed until the
entity developing such system shall have made application to
the Weld County Planning Commission pursuant to the rules and
regulations of the Planning Commission and until such utility
system has been approved by the Board. Prior acquisition of
utility transmission easements and rights-of-way shall not be
considered by the Planning Commission or Board.
( f) The Planning Commission shall establish rules and regulations
covering applications for utility transmission easement
systems and hearings thereon. The application shall include
all information required by the Board including environmental
and economic impact statements .
(g) The Planning Commission shall make its recommendation to the
Board as to whether an application for a transmission utility
system should be granted or denied and the Board shall make a
final determination.
(5) The Planning Commission shall adopt by-laws which shall state the
purposes of the Commission and shall at least:
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(a) Provide for the selection of its officers, and for appointment
of standing and special committees necessary to effect the
discharge of its responsibilities .
(b) Provide for the adoption of a schedule of meetings, including
at least one meeting per month, and attendance requirements .
(c) Require that minutes be kept of the Planning Commission
deliberations and decisions .
(d) Require five members to constitute a quorum.
(B) Board of Adjustment.
The Board of Adjustment shall consist of nine members, appointed in the
same manner and for the same terms as the Planning Commission. The
Board of Adjustment will perform such functions and duties as are
provided by law.
(C) The Department of Planning Services .
The Department of Planning Services shall contain such other divisions
as may from time to time be established by the Board, and shall perform
such functions and duties as may from time to time be assigned or
reassigned to it.
Section 4-5 -- Department of Engineering Services .
( 1) The Board of County Commissioners shall appoint the director of the
Department of Engineering who may be known as the County Engineer.
The County Engineer shall be licensed, or shall be eligible for
license, as a registered professional engineer in the State of
Colorado.
(2) The County Engineer shall exercise all of the powers and perform
all the acts and duties now required or that may hereafter be
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required by State law to be exercised or performed by the County
Surveyor.
( 3) The County Engineer shall perform such functions and duties as the
Board shall direct.
( 4) The Department of Engineering shall contain such divisions as may
from time to time be established by the Board, and shall perform
such functions and duties as may from time to time be assigned or
reassigned to it.
Section 4-6 -- Department of Communications Services .
( 1) The Board of County Commissioners shall appoint the director of the
Department of Communications Services .
(2 ) The Director of Communications Services shall perform such
functions and duties as the Board shall direct.
( 3) There may be a division of Extension Service. The County Agent
shall perform such functions as are provided by law or as requested
by the Board, which may include the 4-H programs .
(4 ) The Department of Communications Services shall contain such
divisions as may from time to time be established by the Board, and
shall perform such functions and duties as may from time to time be
assigned or reassigned to it.
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ARTICLE V
DEPARTMENT OF LAW
Section 5-1 -- County Attorney -- Appointment.
( 1) There shall be a Department of Law, the director of which shall be
known as the County Attorney. He shall be appointed by the Board
for an indefinite term and his employment may be terminated by
majority vote of the Board.
(2) The office of County Attorney shall be the primary employment of
the County Attorney, and he shall have no other employment as an
attorney.
( 3) The Board may appoint such Assistant County Attorneys as it deems
necessary subject to the same term and limitations as the County
Attorney.
Section 5-2 -- Qualifications .
The County Attorney shall be a resident of the County of Weld and duly
licensed as an attorney by the State of Colorado for at least five (5) years
immediately prior to his appointment, and shall have been actively engaged in
the practice of law during such five years .
Section 5-3 -- Duties .
( 1) The Department of Law shall exercise all legal and administrative
functions of the County government assigned by law or the Board to
the County Attorney.
(2 ) The County Attorney shall act as legal advisor for the Board and
all departments and divisions of county government.
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( 3) The County Attorney shall, upon request of elective county
officers, issue formal written opinions on questions of law, which
shall be maintained by the County as public documents .
(4) When directed by the Board, the County Attorney shall represent the
County, county officers, county employees, and appointed boards and
commissions and their members in suits, actions and other legal
proceedings .
( 5) In the event of conflict between the Board and any other county
officer, such county officer shall be represented by the Weld
County District Attorney.
Section 5-4 -- Special Counsel .
The Board may appoint special counsel for the purpose of making
investigations and representing the County in suits by and against the
County, its officers, or its agencies . Employment of special counsel shall
be by written contract which shall set forth the purpose and terms of
employment and compensation therefore.
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ARTICLE VI
ELECTIVE OFFICERS
Section 6-1 -- Elective Officers .
The Elective Officers of the County of Weld, Colorado, shall be five County
Commissioners; five County Councilmen; one County Clerk, one County Sheriff;
one County Coroner; one County Treasurer; and one County Assessor. The
salary or compensation, term of office and qualifications of such officers
shall be as provided in this Charter.
Section 6-2 -- Oath of Office.
Before entering upon the duties of his office, every officer designated by
this Charter shall take, subscribe, and file with the County Clerk, an oath
or affirmation that he will support the Constitution of the United States,
the Constitution of the State of Colorado, this Charter and the ordinances of
the County of Weld, Colorado, and will faithfully perform the duties of this
office.
Section 6-3 -- Vacancy.
Vacancies in elective offices, except County Commissioners and County
Councilmen, shall be filled by the Board as provided by this Charter.
Section 6-4 -- Term of Office.
( 1) The term of office of all elected offices shall commence on the
first working day of the year immediately following the general
election at which he is elected and shall be for four years .
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(2) The term of office of all elected offices shall continue until a
successor is elected and qualified.
Section 6-5 -- Qualifications .
( 1) All elected officers shall be qualified electors of the County.
(2 ) All elected officers shall have resided in the County for a
consecutive period of not less than one ( 1) year immediately
preceding election.
(3) All elected officers shall be at least twenty-one (21) years of age
before assuming office.
(4 ) Except for County Councilmen and the Coroner, each county office
shall be the primary employment of the officer during the term for
which he is elected or appointed.
Section 6-6 -- Compensation.
( 1) Compensation of all elected officers, except County Councilmen,
shall be fixed by the County Council .
(2) No elective officer' s compensation shall be increased or decreased
during his term of office, except as permitted by law.
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ARTICLE VII
COUNTY ASSESSOR
Section 7-1 -- Bond.
The County Assessor shall execute to the people of the State of Colorado, and
file in the office of the County Clerk, a bond, as provided by this Charter
and approved by the Board. The sureties shall be responsible for the acts of
the County Assessor and his deputies .
Section 7-2 -- Duties .
( 1) The County Assessor shall appoint a Chief Deputy to act in his
absence, disability, or in case of a vacancy in the office, and
such Chief Deputy shall perform all the duties of County Assessor
during such absence or until such vacancy shall be filled.
(2) The County Assessor may appoint such other deputies as may be
necessary or required to carry out the duties of the office.
( 3) The County Assessor shall exercise all of the powers and perform
all the acts and duties now required or that may hereafter be
required by State law to be exercised or performed by the County
Assessor.
(4 ) The County Assessor may exercise those discretionary county
functions and powers, and provide such services and facilities as
may be authorized by law.
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Section 7-3 -- Qualifications of Chief Deputy.
The Chief Deputy shall have attended and passed the Colorado Tax Assessor' s
school, or an equivalent thereof, and shall have had a minimum of five years
experience in reading and platting legal descriptions, the application of the
mill levy to property assessment, and the application of the assessment rolls
to the computer.
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ARTICLE VIII
COUNTY CLERK
Section 8-1 -- Bond.
The County Clerk shall execute to the people of the State of Colorado, and
file in the office of the County Clerk, a bond, as provided by this Charter
and approved by the Board. The sureties shall be responsible for the acts of
the County Clerk and his deputies .
Section 8-2 -- Duties .
( 1) The County Clerk shall appoint a Chief Deputy to act in his
absence, disability, or in case of a vacancy in the office, and
such Chief Deputy shall perform all the duties of County Clerk
during such absence or until such vacancy shall be filled.
(2) The County Clerk may appoint such other deputies as may be
necessary or required to carry out the duties of the office.
( 3) The County Clerk shall be custodian of a Seal of Office which shall
constitute evidence of authority to perform the acts of office as
provided for by law.
(4) The County Clerk shall exercise all of the powers and perform all
the acts and duties now required or that may hereafter be required
by State law to be exercised or performed by the County Clerk.
(5) The County Clerk may exercise those discretionary county functions
and powers, and provide such services and facilities as may be
authorized by law, for County Clerks except for those functions and
powers assigned to the Clerk to the Board under Section 3-7 of
Article III of this Charter.
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ARTICLE IX
COUNTY CORONER
Section 9-1 -- Duties .
( 1) The County Coroner shall appoint a Chief Deputy to act in his
absence, disability, or in case of a vacancy in the office, and
such Chief Deputy shall perform all of the duties of County Coroner
during such absence or until such vacancy be filled.
(2 ) The County Coroner may appoint such other deputies as may be
necessary or required to carry out the duties of the office.
(3) The County Coroner shall exercise all of the powers and perform all
the acts and duties now required or that may hereafter be required
by State law to be exercised or performed by the County Coroner.
(4 ) The County Coroner may exercise those discretionary county
functions and powers, and provide such services as may be
authorized by law, for County Coroners .
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ARTICLE X
COUNTY SHERIFF
Section 10-1 -- Qualifications .
The County Sheriff shall be a graduate of a certified law enforcement academy
or institution requiring at least 90 quarter (60 semester) credit hours for
graduation; or have had a minimum of five years experience as an
administrator in law enforcement at the rank of Sergeant, or above.
Section 10-2 -- Bond.
The County Sheriff shall execute to the people of the State of Colorado, and
file in the office of the County Clerk, a bond, as provided by this Charter
and approved by the Board. The sureties shall be responsible for the acts of
the County Sheriff, the Undersheriff, and his deputies .
Section 10-3 -- Duties .
( 1) The County Sheriff shall appoint an Undersheriff, who shall also be
a general deputy, to serve during the pleasure of the Sheriff.
(2 ) The County Sheriff may appoint such other deputies as may be
necessary or required to carry out the duties of the office.
( 3) The County Sheriff shall exercise all of the powers and perform all
the acts and duties now required or that may hereafter be required
by State law to be exercised or performed by the County Sheriff .
(4 ) The County Sheriff may exercise those discretionary county
functions and powers, and provide such services and facilities as
may be authorized by law.
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(5) The County Sheriff shall provide such law enforcement services to
incorporated municipalities as may be provided for by service
contract or joint agreement between the Board and a municipality.
Section 10-4 -- Qualifications of Undersheriff .
( 1) The Undersheriff shall have an Associate of Arts Degree, or its
equivalent, in Police Science, Police Administration, or in some
related field.
( 2) The Undersheriff shall have had at least five years law enforcement
experience including substantial administrative and personnel
experience.
(3) The Sheriff shall determine that the Undersheriff meets the above
qualifications .
Section 10-5 -- Duties of Undersheriff .
( 1) In the case of the absence, disability, or in event of a vacancy in
the office of County Sheriff, the Undersheriff shall perform all
the duties of County Sheriff during such absence or until such
vacancy shall be filled.
(2) The Undersheriff shall perform such other duties as may be directed
by the County Sheriff.
Section 10-6 -- Jailer -- County not Furnish Residence.
The County shall not be required to furnish the Sheriff, as keeper of the
jail, nor any deputy appointed for that purpose, with living quarters . This
shall not relieve the Sheriff of his duty to safely keep all prisoners
committed to his custody according to law.
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ARTICLE XI
COUNTY TREASURER
Section 11-1 -- Bond.
The County Treasurer shall execute to the people of the State of Colorado,
and file in the office of the County Clerk, a bond, as provided by this
Charter and approved by the Board. The sureties shall be responsible for the
acts of the County Treasurer and his deputies .
Section 11-2 -- Duties .
( 1) The County Treasurer shall appoint a Chief Deputy to act in his
absence, disability, or in case of a vacancy in the office, and
such Chief Deputy shall perform all the duties of County Treasurer
during such absence or until such vacancy shall be filled.
(2 ) The County Treasurer may appoint such other deputies as may be •
necessary or required to carry out the duties of the office.
(3) The County Treasurer shall exercise all of the powers and perform
all the acts and duties now required or that may hereafter be
required by State law to be exercised or performed by the County
Treasurer.
(4 ) The County Treasurer may exercise those discretionary county
functions and powers, and provide such services as may be
authorized by law.
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Section 11-3 -- Qualifications of Chief Deputy.
The Chief Deputy shall have had a minimum of five years investment experience
in handling investments, of the type handled in the office of the County
Treasurer.
Section 11-4 --Investment of Funds .
( 1) The County Treasurer shall, with prudence, deposit available funds
in accordance with the statutes of the State of Colorado giving
preference to Weld County financial institutions .
(2 ) All interest from county funds shall become a part of the General
fund, except that interest from particular funds may, by resolution
of the Board, be retained in such fund.
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ARTICLE XII
OFFICE OF COUNTY SURVEYOR ABOLISHED
Section 12-1 -- Office of County Surveyor Abolished.
Upon adoption of this Charter, the office of County Surveyor shall be
abolished, effective January 1, 1976 .
Section 12-2 -- Transfer of Duties .
The County Engineer shall exercise all of the powers and perform all the acts
and duties now required or that may hereafter be required by State law to be
exercised or performed by the County Surveyor.
Section 12-3 -- Existing Property and Records .
All property, records, equipment and supplies of the office of County
Surveyor, wherever located, existing when this Charter becomes effective,
shall be transferred as directed by the Board.
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ARTICLE XIII
COUNTY COUNCIL
Section 13-1 -- Composition.
The County Council shall consist of five members elected as follows :
( 1) Three members, each nominated, elected and residing in separate
geographic districts as established in Article III , Section 3-2 of
this Charter.
(2) Two members, each nominated and elected from the County at large.
Section 13-2 -- Qualifications of Members .
( 1 ) Councilmen from districts shall reside within their geographic
districts when nominated, elected or appointed and during their
terms of office.
( 2) Councilmen shall not hold any other county elective office and
shall not be a county employee.
Section 13-3 -- Terms of Office.
( 1) The terms of office of County Councilmen shall commence on the
first working day of the year immediately following the general
election at which they are elected and shall be for four years .
(2 ) The term of office of a Councilman shall continue until his
successor is elected and qualified.
( 3) No person shall serve more than two consecutive terms as a
Councilman.
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Section 13-4 -- Organization.
( 1) At its first meeting in January each year, the Council shall elect,
from among its members, a President, who shall preside over its
meetings, and a ViceePresident, who shall preside in absence of the
President.
(2 ) The Council shall adopt rules of procedure governing the time,
place and conduct of its meetings and hearings, and the
introduction of and action on motions and resolutions . The Council
may also adopt procedures for requiring attendance of its members .
All official meetings shall be open to the public, and no action
shall be taken by the Council other than at an official meeting.
A record of proceedings shall be taken and preserved, and it shall
be a public record.
( 3) Regular meetings shall be held at least monthly on a day or days to
be determined by the Council by resolution. Special meetings may
be called by the President. A copy of the notice of a meeting
shall be posted in a conspicuous place in the offices of the Board
of County Commissioners at the time such notice is given to members
of the Council .
Section 13-5 -- Quorum -- Majority -- Action.
( 1 ) Three of the members of the Council in office at the time shall be
a quorum for the transaction of business, but in the absence of a
quorum, a lesser number may adjourn any meeting to a later time or
date, and in the absence of all other members the President may
adjourn any meeting for not longer than one week.
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(2) Any resolution to be adopted, amended, or repealed, or any other
action of the Council shall require concurrence of three of the
members of the Council in office at the time.
(3) All official action taken by the Council shall be announced by the
President or, in his absence, by the Vice-President, and all
official communications of the Council whether oral or written,
shall be made by the President or, in his absence, by the Vice-
President .
Section 13-6 -- Compensation.
A Councilman shall receive no compensation for his services, but shall be
reimbursed for actual and necessary expenses incurred in the performance of
his official duties .
Section 13-7 -- Vacancies .
( 1) A vacancy shall be filled by appointment by the remaining members
of the Council .
(2 ) A vacancy shall exist when a Councilman dies, resigns, is removed
from office, moves from the district from which elected, is
incapacitated, recalled, or becomes a candidate for a county
elected office or an employee of the County.
Section 13-8 -- Powers and Duties .
( 1) The Council shall set the salaries of all elected officials . In
the case of the Board of County Commissioners, the effective date
of any change in salary may be delayed so as to provide for equal
compensation for all Commissioners at all times .
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(2 ) The Council may employ a secretary and such other employees,
permanent and temporary, as it may require, pursuant to the County
Personnel system.
(3) A vacancy in the Board of County Commissioners shall be filled by
appointment by the Council . Said appointees shall be of the same
political party as that of the previous officer, and the
appointment shall be effective until the next general election, at
which time a person shall be elected for the remainder of the term,
if any.
(4) In the event a valid petition for recall is presented as provided
in Article XV, the Council may suspend the officer being recalled,
with pay, pending the recall election. In the event the Council
suspends such officer, the Council may appoint some qualified
person to perform the duties of the office pending the recall
election. In the event the officer is not recalled, he shall be
immediately reinstated.
(5) In the event an elected official is formally charged or indicted
for the commission of a crime, the Council may suspend such
officer, with or without pay, pending prosecution of the offense.
If an elected officer is found guilty of any crime by a court or
jury, the Council shall immediately suspend such officer without
pay until his conviction shall become final and he has exhausted,
or by failure to assert them, has waived all rights to new trial
and all rights of appeal . At the time such officer's conviction is
final, the office shall be vacant and the vacancy filled as herein
provided.
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Should the officer be suspended from office by the Council, as
provided in this Section, be found not guilty in a State and
Federal Court, either on appeal, original trial, or new trial, the
Council shall forthwith reinstate such officer and he shall receive
his back pay, unless, during such period of suspension, a successor
to such suspended officer has been duly elected and qualified. In
the event a successor to such suspended officer has been so elected
and qualified, such suspended officer shall receive his back pay
only up to the expiration date of his regular term of office and he
shall not be reinstated or paid further unless he is such person
duly elected and qualified.
( 6 ) 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 .
( 7 ) 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.
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Section 13-9 -- Nomination of Councilmen.
( 1) Candidates for Councilmen shall be nominated without regard to
political party affiliation, by petition on forms supplied by the
County Clerk. A petition of nomination may consist of one or more
sheets, but it shall contain the name and address of only one
candidate. The petition may designate one or more persons as a
committee to fill a vacancy in such nomination.
(2 ) Nomination petitions may be circulated and signed beginning on the
one hundred and tenth day and ending on the sixtieth day prior to
the day of election. Each petition shall be signed by qualified
electors to the following numbers :
(a) For a candidate in the Council at large, at least two hundred
(200) qualified electors residing within the County;
(b) For a candidate from a geographic district, at least two
hundred (200) qualified electors residing in the candidate' s
district.
( 3) Each qualified elector signing a petition shall add to his
signature his place of residence by street and number, rural route
and box number or other customary designation, except that a post
office box number shall be insufficient. The circulator of each
nomination petition shall make an affidavit that each signature
thereon is the signature of the person whose name it purports to be
and that each signer has stated to the circulator that he is a
qualified elector of the County or county and district, as the case
may be, for which the nomination is made. The signature of each
signer of a petition shall constitute prima facie evidence of his
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qualifications without the requirement that each signer make an
affidavit as to his qualifications .
(4 ) No petition shall be valid that does not contain the requisite
number of names of electors qualified to sign the petition. Any
such petition may be amended in this respect at any time prior to
sixty days before the day of election.
(5) An elector may sign more than one nomination petition.
(6 ) Each nomination petition shall be filed with the County Clerk no
later than the sixtieth day prior to the day of election. Every
such petition shall have endorsed thereon or appended thereto the
written affidavit of the candidate accepting such nomination. The
acceptance of nomination shall contain the full name and place of
residence of the candidate.
( 7 ) The County Clerk shall cause all nomination petitions to be
preserved for a period of two years . All such petitions shall be
open to public inspection under proper regulation by the Clerk.
(8) Procedure for withdrawal shall be as follows :
Any person who has been nominated and who has accepted a nomination
may cause his name to be withdrawn from such nomination, at any
time prior to fifty days before election, by a written affidavit
withdrawing from such nomination. The affidavit stating withdrawal
shall be signed by the candidate and filed with the Clerk.
( 9 ) Objections to nominations . All petitions of nomination which are
in apparent conformity with the provisions of this Section, as
determined by the Clerk, are valid unless objection thereto is duly
made in writing within three days after the filing of the same. In
case objection is made, notice thereof shall be forthwith mailed to
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any candidate who may be affected thereby. The Clerk shall pass
upon the validity of all objections, whether of form or substance,
and his decisions upon matters of form shall be final . His
decisions upon matters of substance shall be open to judicial
review. Said Clerk shall decide objections within at least forty-
eight hours after the same are filed, and any objections sustained
may be remedied or defect cured upon the original petition, by an
amendment thereto, or by filing a new petition within three days
after such objection is sustained, but in no event later than the
forty-fifth day before the day of election.
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ARTICLE XIV
FINANCE AND BUDGET
Section 14-1 -- Fiscal Year.
The fiscal year of the County shall commence on January 1 and end on December
31 of each year, unless otherwise established by State law for home rule
counties .
Section 14-2 -- Annual Budget.
( 1 ) The director of the Department of Finance shall prepare a
recommended budget for the next fiscal year and submit it to the
Board. Such budget shall include recommended operating expenses,
capital expenditures, and revenue sources for all departments and
units of the County government, and any other information deemed
necessary.
(2 ) The Board shall hold at least one public hearing on the proposed
budget. Public notice of such hearings shall be given at least ten
days prior to the date thereof stating the time and place of the
hearings and indicating that the proposed budget is available for
inspection in the office of the Clerk to the Board during regular
office hours, and that any interested person may file or register
any objections thereto at any time prior to the final adoption of
the budget.
( 3) Following the public hearing or hearings, the Board may revise or
alter the proposed budget or increase or decrease any item therein.
The Board shall then adopt the budget together with any amendments
thereto, in accordance with the requirements of State law. The
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Board shall also adopt an ordinance appropriating funds for the
ensuing fiscal year and shall certify the taxes to be levied as
provided by law.
( 4) The Board may adopt emergency appropriations upon declaration that
an unforeseen disaster or emergency exists . Such appropriations
shall be funded from contingency or other available funds, or as
otherwise permitted by State law.
(5 ) Except as otherwise provided herein, the provisions of State law
concerning adoption of budgets and appropriation of funds by local
governments shall govern the procedures of the Board.
Section 14-3 -- Capital Improvements Program and Budget.
The Board may require that the Director of Finance and Purchasing submit, at
the time of submission of the annual budget, a five year capital improvements
program and budget. Such program shall include recommended projects,
construction schedule, estimate of costs, anticipated revenue sources,
methods of financing, and such other information as may be required.
Section 14-4 -- Audits .
The Board shall provide for an independent annual audit of all county
accounts and funds, and more frequent audits as deemed necessary. Such
audits shall be made by a certified public accountant selected by the Board.
The same auditor or auditing firm shall not be retained for more than five
consecutive years . The audit shall be available for inspection by the public
in the office of the Clerk to the Board.
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Section 14-5 -- Funds .
Funds shall be established as directed by the Board, pursuant to the
provisions of State law.
Section 14-6 -- 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 .
Section 14-7 -- Limitation on Annual Tax Levy.
( 1) Limitation. Except as otherwise provided herein, all ad valorem
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 valorem taxation in the preceding year plus five percent (5%)
except to provide for the payment of bonds and interest thereon.
(2 ) Increased levy -- procedure.
(a) If the Board be of the opinion, the amount of tax limited by
the preceding Section will be insufficient for the County
needs for the current year, it may submit the question of an
increased levy to the County Council, and the County Council
shall examine the needs of the County and ascertain from such
examination the financial condition thereof, and if in the
opinion of a majority of the County Council that the County is
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in need of additional funds, the Council may grant an
increased levy for the County in such amount as it deems
appropriate, and the County is authorized to make such
increased levy. However, no such excess levy shall be granted
which will allow a greater revenue than would be produced by
applying the previous year mill levy to the current year' s
assessed valuation.
(b) In case the County Council refuses or fails within fifteen
( 15) days after submission to it of an adopted budget to grant
such increased levy, or all of it, or in the event an increase
beyond that which the Council is authorized to grant is
sought, the question may be submitted to the qualified
electors of the County at a general or special election called
for that purpose.
(c) Due notice of submission of the question of whether to grant
the increased levy shall be given by the County Clerk for 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.
(d) 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.
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Section 14-8 -- Limitation of Capital Expenditures .
Any one project, except hospital projects, requiring a capital expenditure
out of funds procured by ad valorem taxation equal to a three mill levy for
three years, or a hospital project requiring a capital expenditure from ad
valorem tax funds equal to a three mill levy for three years, shall be
prohibited until such time as the question of expenditure of said funds shall
have been first submitted to a vote of the qualified electors at a general or
special election and shall have received a majority vote approving such
expenditure.
Section 14-9 -- Bidding -- Procedure.
( 1) The Board of County Commissioners shall adopt bidding procedures
for county purchases which shall assure open and competitive
bidding on all county purchases, and the Central Purchasing
Division shall follow the procedures adopted in all county
purchases .
(2) Bid specifications shall be prepared in such a manner as to invite
and encourage bidding from all suppliers of the goods and equipment
being purchased by the County. No specifications shall be
submitted to bidders so restrictive in detail as to eliminate any
line of competitive equipment.
( 3) The County Commissioners shall give preference to resident Weld
County bidders in all cases where the bids are competitive in price
and quality.
(4) The County Commissioners shall enter in the minutes of the meeting,
at which a purchase is made for other than a low bid, the reason
for not accepting the low bid.
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(5) All purchases 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 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 bid they find to be
most beneficial to the County.
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ARTICLE XV
ELECTIONS
Section 15-1 -- General Elections .
Except as otherwise provided in this Charter, elected officers of the County
shall be nominated and elected pursuant to State law at general elections .
Section 15-2 -- Special Elections .
Special elections shall be called by resolution of the Board and conducted in
accordance with the provisions of State law.
Section 15-3 -- Recall .
Any elected officer may be recalled from office at any time. Once an
election on recall has been held, no other election on recall of that same
officer may be held for at least one year. The procedure for recall shall be
as follows :
( 1) One or more qualified electors shall file with the Clerk an
affidavit of not more than two hundred words stating the reasons
for requesting the recall . The Clerk shall, within forty-eight
hours after the filing of said affidavit, mail a copy of the
affidavit by certified mail to the officer sought to be recalled
who may, within five days of receipt of said affidavit, file with
the Clerk, a sworn statement of not more than two hundred words in
justification of his course in office. After receipt of the
statement in defense, if any, but in no event later than ten days
after filing a copy of the affidavit to the officer, the Clerk
shall issue a petition for recall .
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(2 ) Said petition shall include the statement of reasons for requesting
recall and the officer' s statement of justification if there be
such a statement. Said petition must be signed by qualified
electors numbering at least fifteen percent ( 15%) of the total
number of votes cast for that particular office in the last
preceding election within the district from which the officer was
elected or within the County in the case of an office elected at
large.
(3) Each signer of a petition shall sign his name, and after his name,
the date and his place of residence by street and number, rural
route and box number, or other customary designation, except that.
a post office box number shall be insufficient.
(4) The signed recall petition shall be filed with the Clerk within
sixty days after issuance. If said petition is filed within the
time specified and appears to be sufficient, the Board shall set a
date for a recall election to be held within sixty days , unless a
general election or a special election will be held within one
hundred twenty ( 120) days following the filing of the petition, in
which event the recall election may be held at the time of the
general or special election. To each petition paper shall be
attached an affidavit by the circulator thereof, stating the number
of signers and affirming that each signature is the genuine
signature of the person whose name it purports to be, and that it
was made in the presence of the affiant and that each signer has
stated to the circulator that he is a qualified elector of the
County.
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(5) All petitions shall be deemed and held to be sufficient if they
appear to be signed by the requisite number of signers, and such
signer shall be deemed and held to be a qualified elector, unless
a protest in writing under oath shall be filed in the office of the
Clerk by some qualified elector, within fifteen days after such
petition is filed, setting forth specifically the grounds of such
protest. In the event of such protest, the Clerk shall forthwith
mail a copy to the person or persons named in such petition as
representing the signers thereof, together with a notice fixing a
time for hearing such protest which hearing shall not be less than
five nor more than ten days after such notice is mailed. All
hearings shall be before the Clerk, and all testimony shall be
under oath. Such hearings shall be summary and not subject to
delay, and must be concluded within thirty (30) days after such
petition is filed, and the results thereof shall be forthwith
certified to the person or persons representing the signers of such
petition.
( 6 ) In case the petition is not sufficient it may be withdrawn by the
persons or a majority of the persons representing the signers of
such petition, and may, within fifteen ( 15) days thereafter, be
amended and refiled as an original petition. The finding as to the
sufficiency of any petition may be reviewed by the District Court
of Weld County, upon application of any person signing such
petition, but such review shall be had and determined forthwith.
(7) There shall be printed on the official ballot, as to every officer
whose recall is to be voted on, the words, "Shall (name of the
person against whom recall petition is filed) be retained in the
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office of (title of office) . " The ballot shall provide for a "yes"
or "no" vote.
( 8) If a majority of those voting on said question of the recall of any
incumbent from office shall vote "yes" , said incumbent shall
continue in said office; if a majority shall vote "no" , such
incumbent shall thereupon be deemed removed and the vacancy shall
be filled as provided in this Charter.
Section 15-4 -- Initiative and Referendum.
The people of Weld County reserve to themselves the powers of initiative and
referendum, by petition, to have a law, proposed law, or amendment of a law,
submitted for the registered voters of the County to approve or reject at the
polls . An ordinance or resolution may be initiated by petition, or a
referendum on an enacted ordinance or resolution may be had by petition, or
the Board on its own motion in enacting an ordinance or resolution may
provide for a referendum thereon.
The referendum shall apply to all ordinances and resolutions, passed by the
Board, except ordinances making the tax levy, making the annual
appropriation, calling a special election or ordering improvements initiated
by petition and to be paid for by special assessments . Measures passed as
emergency measures shall be subject to referendum like other measures, except
that they shall not be suspended from going into effect while referendum
proceedings are pending. If, when submitted to a vote of the electors, an
emergency measure be not approved by a majority of those voting thereon, it
shall be considered repealed, as regards any further action thereunder and
all rights and privileges conferred by it shall be null and void; provided,
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however, that such measure so repealed shall be deemed sufficient authority
for any payment made or expense incurred in accordance with the measure
previous to the referendum vote thereon.
( 1) Procedure.
(a) An initiative or referendum petition shall be signed by
qualified electors numbering at least five percent (5%) of the
total vote at the last general election, and all signatures on
said petition shall be obtained within 45 days prior to the
date of filing of the petition with the Clerk. Any such
petition shall be addressed to the Board and may be an
aggregate of two or more petition papers identical as to
content and simultaneously filed by one person.
(b) An initiative petition shall set forth, in full, the ordinance
or resolution it proposes to initiate and no petition shall
propose to initiate more than one ordinance or resolution. A
referendum petition shall identify the ordinance or
resolution, or part thereof, it proposes to be submitted to
the voters for approval .
(c) Each signer of a petition shall sign his name, and after his
name, the date and his place of residence by street and
number, rural route and box number, or by other customary
designation, except that a post office box number shall be
insufficient.
(d) To each petition paper shall be attached an affidavit by the
circulator thereof, stating the number of signers and
affirming that each signature is the genuine signature of the
person whose name it purports to be, and that it was made in
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the presence of the affiant. Such petition shall be filed
with the Clerk who shall, within fifteen ( 15) days, canvass
the signatures thereon. If the petition does not contain a
sufficient number of signatures of qualified electors, the
Clerk shall notify forthwith by certified mail the person
filing such petition and fifteen ( 15) days from such
notification shall be allowed for the filing of supplemental
petition papers .
(e) A referendum petition shall be void unless filed in the first
instance with the Clerk within thirty (30) days after the
effective date of the ordinance or resolution to which such
petition refers . The time for review of the petition papers,
if necessary, shall not render the petition void because of
the aforesaid time limit. When a petition with sufficient
signatures is filed within the time allowed, the Clerk shall
present the petition to the Board at its next regular meeting.
(2 ) Board Action.
Upon presentation to the Board of an initiative or referendum
petition, the Board shall, within thirty (30) days, either:
(a) Adopt the ordinance or resolution as submitted by an
initiative petition;
(b) Repeal the ordinance or resolution, or part thereof, referred
to by a referendum petition;
(c) Submit the proposal provided for in the petition to the
electors .
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( 3) Submission to Electors .
Should the Board decide to submit the proposal to the electors, it
shall be submitted at the next general election held in the County
or, at the discretion of the Board, at a special election;
provided, however, that if no general or special election is to be
held in the County within 120 days after presentation thereof, the
Board shall call a special election to be held within sixty ( 60)
days .
(a) The presentation to the Board of a valid and sufficient
referendum petition shall automatically suspend the operation
of the ordinance or resolution in question pending repeal by
the Board or final determination by the electors, except as
heretofore provided with regard to emergency measures .
(b) The result of all elections held under the provisions of this
Section shall be determined by a majority vote of the electors
voting thereon.
(c) An ordinance or resolution adopted by the electorate through
initiatory proceedings may not be amended or repealed by the
Board for a period of two years and a resolution or ordinance
repealed by the electorate may not be re-enacted by the Board
for a period of two years .
(d) If two or more ordinances or resolutions adopted at the same
election shall have conflicting provisions, the provisions in
the ordinance or resolution receiving the highest number of
affirmative votes shall prevail as to such conflict and the
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adopted ordinance or resolution receiving the lesser number of
votes, to the extent it is severable, shall nevertheless be
effective except as to the matters of conflict or
inconsistency.
(e) The Board shall not refer more than five measures to the
people at any general election. The number of measures to be
submitted at a special election shall not be limited.
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ARTICLE XVI
GENERAL PROVISIONS
Section 16-1 -- Continuity of Government.
The Board shall provide for continuity of government in the event of a
disaster. It shall prescribe procedures which will preserve representative
government and provide an orderly line of succession of authority when
disaster makes such measures necessary. In no case will such temporary
occupancy of elective offices extend beyond the next scheduled general
election.
Section 16-2 -- Eminent Domain.
The County shall have the powers of eminent domain to the fullest extent
authorized by State law.
Section 16-3 -- Bonding of Officers .
Members of the Board and such other officers or employees as the Board may
require and as required by this Charter shall give bond in an amount and with
surety prescribed by the Board, or as required by law. The premiums on such
bonds shall be paid by the County, and the bonds shall be filed with the
County Clerk. The amount of each bond shall be re-established prior to each
election.
Section 16-4 -- Invalidity of Part -- Severability.
If a court of competent jurisdiction shall, by final judgment, hold any part
or provision of this Charter to be invalid or unconstitutional, all other
provisions of this Charter shall be considered to be severable and shall not
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be affected thereby and the effect of such decision shall not extend beyond
that required by the court ' s ruling.
Section 16-5 -- Article and Section Titles .
The Article and Section Titles of this Charter are inserted for reference and
convenience only and shall not be construed to limit, prescribe, or in any
way control the scope or intent of any provision therein.
Section 16-6 -- Public Notice.
Notice to the public of ordinances and of certain official acts, events,
determinations, proceedings or meetings shall be given. Unless defined
otherwise in the ordinances, rules or laws pertaining to the procedure to
which the public notice relates, public notice may be by publication in a
newspaper of general circulation in the County or by such other media and in
such form as may be prescribed by the Board. When the notice informs the
public of some event to take place in the future, it shall be published at
least five days prior to such event.
Section 16-7 -- Vacancy.
Every elective county office shall become vacant, on the happening of any one
of the following events, before the expiration of the term of office:
( 1) The death of the officer.
(2) The resignation of the officer.
( 3) The removal of the officer, by recall or otherwise.
(4 ) The officer ceasing to be a resident of Weld County, or in the case
of an officer required to live in a district, ceasing to be a
resident of the district from which elected.
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(5) The officer' s refusal or neglect to take his oath of office, or
renew his official bond, or to deposit such oath and bond within
the time prescribed by law.
(6) The final decision of a competent tribunal, declaring void an
officer' s election or appointment.
(7) The final decision of a competent tribunal finding an officer
guilty of a crime.
Section 16-8 -- Boards -- Composition.
The members of all appointive boards and commissions shall be broadly
representative of the community and geographic area served.
( 1) The members of all appointed boards and commissions shall be
appointed for three ( 3) year terms .
(2) No person shall serve more than two consecutive terms on any one
appointive board or commission.
( 3) No person who has been an elected officer of the County shall be
appointed to an appointive board or commission until one year after
leaving office.
(4) Policy recommendations of advisory boards shall be considered by
the Board and either accepted or rejected. If rejected in whole or
in part, the reasons for such rejection shall be stated and made a
part of the Board' s records, open to the public.
Section 16-9 -- Conflict of Interest.
( 1) General .
No county officer, member of an appointed board, or employee shall
have any interest in any enterprise or organization doing business
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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 such enterprise or organization.
(2 ) Specific.
(a) No employee of the Central Purchasing Division shall have any
interest in any enterprise or organization doing business with
Weld County.
(b) Neither the Treasurer nor employees of the Treasurer' s Office
shall have any proprietary interest in any financial
institution in which the County maintains deposits .
( 3) Question referred to Council .
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.
Section 16-10 -- Definitions .
Unless the context otherwise requires, the words or phrases defined herein
shall be given the meaning set forth in this Section.
( 1) Affidavit -- A statement verifying the truth of the matters stated,
and sworn to before a person authorized by law to administer oaths .
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(2 ) Administrative Code -- A compilation of Board policies, directives
and administrative procedures which relate primarily to internal
functioning and to the conduct of county government, in regard to
the public at large.
(3) Agency -- Any board, bureau, commission, department, division, or
other organizational unit in the administrative branch of county
government.
(4 ) Appropriation -- An authorization by the Board to expend from
public funds a specific maximum sum for a specified purpose and
during a specified time.
(5) Board -- The Board of County Commissioners .
(6) Candidate -- Any person seeking nomination or election to any
public office.
(7 ) Chairman -- The Chairman of the Board.
( 8) Classification plan -- As related to the Personnel system, the
assignment of positions into occupational groups and series of
classes determined by description of a class of positions which
defines the class title and distinguishes one class of positions
from other classes . It gives examples of typical duties and
responsibilities found at its grade level, and defines minimum
skills, knowledge, abilities, and education required.
( 9 ) Clerk -- The County Clerk.
( 10) Commissioner -- A member of the Board.
( 11) Council -- The County Council .
( 12 ) Councilman -- A member of the Council .
( 13) County -- Weld County, Colorado.
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( 14 ) Crime -- A felony or a Class 1 or 2 misdemeanor as defined by State
law, or a comparable federal crime or crime in some other state.
Does not include petty or traffic offenses .
( 15) Department -- One of the major organizational units of the County.
( 16 ) Division -- A primary subdivision of a department.
( 17 ) Emergency Ordinance -- An ordinance, the passage of which shall be
necessary to the preservation or protection of public health,
property, or safety.
( 18) Employees -- All persons in county service who are not officers .
( 19 ) Initiative -- The provision whereby legislation may be initiated by
petition and submitted to the voters for approval or rejection at
the polls .
(20) Law -- State law.
(21) Masculine gender -- Includes feminine gender.
(22 ) May -- Is considered permissive.
(23) Officer -- An elected official of the County.
(24 ) Person -- An individual, firm, association or corporation.
(25) Personnel Policies -- As related to the Personnel system,
statements relative to the general management and procedure of the
Personnel system.
(26) Personnel rules -- As related to the Personnel system, regulations
and guidelines covering and concerning all, or most, relations
between employee and employer.
( 27) Personnel system -- The County Personnel Policies, rules and
regulations, job classifications and compensation plans .
( 28) Primary Employment -- Availability at all times to conduct county
business without interference of other occupational activities .
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(29 ) Public Notice -- Notice as defined in this Charter.
(30) Qualified elector -- A person registered to vote in Weld County,
State of Colorado, and otherwise qualified to vote in a general
election under the laws of the State of Colorado. The term is
synonymous with registered voter, registered elector, elector or
voter.
(31 ) Recall -- The provision whereby a group of electors may, by
petition, require that an election be held to allow the voters to
determine if a county officer should be removed from office.
( 32 ) Referendum -- The provision whereby any ordinance or resolution, or
part thereof, enacted by the Board may be referred to the voters of
the County to approve or reject at the polls .
( 33) Shall -- Is considered mandatory.
(34 ) State -- State of Colorado.
( 35) State law, laws of the State, or laws -- All legislation governing
Colorado, including the provisions of the State Constitution.
References to State laws shall be construed as continuing
references to them as they may be amended from time to time.
Section 16-11 -- Solid Waste Disposal Sites -- Surcharge.
( 1) 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
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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.
(2 ) 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 .
( 3) 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 : (a) in order that landfill capacity be
preserved for Weld County users; and (b) 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 valorem taxes .
(4) 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.
(5) 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
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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 Weld
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 .
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73
ARTICLE XVII
AMENDMENTS TO CHARTER
Section 17-1 -- Procedure to Amend or Repeal Charter.
( 1) Action to amend this Charter shall be initiated by:
(a) A petition or petitions signed by at least five percent of the
total number of votes cast at the last general election; or
(b) A resolution adopted by the Board submitting the proposed
amendment or amendments to the qualified electors .
(2) Action to repeal this Charter or to form a new charter commission
may be initiated by a petition signed by at least fifteen percent
of the qualified electors of the County.
( 3) Within thirty days of initiation of a proposed amendment, repeal,
or charter convention measure, the Board shall publish notice of
and call an election to be held not less than thirty nor more than
one hundred twenty days after said publication. The text of any
proposed amendment shall be published with said notice.
(4 ) If the proposal is for a charter commission, the election shall be
scheduled at least sixty days after publication of the notice. The
procedure for the forming and functioning of a new charter
commission shall comply as nearly as practicable with provisions
relating to formation and functioning of an initial charter
commission.
(5) If a majority of the electors voting thereon vote for a proposed
amendment, the amendment shall be deemed approved. If a majority
of the electors voting thereon vote for repeal of the charter, the
charter shall be deemed repealed and the County shall proceed to
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organize and operate pursuant to the statutes applicable to
statutory counties .
(6) A proposed amendment to the Charter shall be confined to a single
subject which shall be clearly expressed in its title.
( 7) No proposal for a charter commission, charter amendment, or repeal
of a charter shall be initiated within twelve months after
rejection of a substantially similar proposal . No proceeding
contesting the adoption of a Charter amendment shall be brought
unless commenced within one hundred eighty days after the election
adopting the measure.
Section 17-2 -- Conflicting Amendments.
If there is any conflict or inconsistency between amendments voted upon at
the same election and more than one of said amendments is adopted, then the
amendment receiving the largest number of votes shall prevail as to such
conflict or inconsistency and the adopted amendments receiving the lesser
number of votes shall, if severable, be nevertheless effective except as to
the matters of conflict or inconsistency.
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ARTICLE XVIII
TRANSITIONAL PROVISIONS
Section 18-1 -- Purpose of Article.
The provisions of this Article relate to the transition from the existing
form of government to the form of government established by this Charter.
Where inconsistent with the foregoing Articles in this Charter, the
provisions of this Article shall constitute exceptions thereto.
Section 18-2 -- Effective Date of Charter.
Upon its adoption, this Charter shall become effective on the first day of
January, 1976, except as these transitional provisions require earlier or
later implementation.
Section 18-3 -- Transition of Elective County Offices .
After adoption of this Charter, the status of elective officers shall be as
follows :
( 1) Incumbent County Commissioners shall continue to serve as
Commissioners of districts numbered one, two and three until such
time as their terms of office would have expired if this Charter
had not been adopted.
(2) All other existing elective officers, as provided for in this
Charter, shall continue to serve in their respective offices until
such time as their term of office would have expired if this
Charter had not been adopted.
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76
Section 18-4 -- Elections to Fill New Commissioner Positions .
A special election shall be held following adoption of this Charter and prior
to December 15, 1975, at which Commissioners shall be elected as follows :
( 1) One Commissioner at large shall be elected for a one-year term
beginning January 1, 1976 . At the next general election in
November, 1976, two Commissioners, one each from geographic
districts numbered one and three and one Commissioner elected at
large shall be elected for four-year terms .
(2) One Commissioner at large shall be elected for a three-year term
beginning January 1, 1976 . At the general election in November,
1978, one Commissioner from geographic district numbered two and
one Commissioner at large shall be elected for four-year terms .
( 3) In subsequent elections, Commissioners shall be elected for four-
year terms, pursuant to Section 3-4 of this Charter.
Section 18-5 -- Elections to Fill New County Councilman Positions .
At the special election to be held, as provided in Section 4 of this Article,
Councilmen shall be elected as follows :
( 1) One Councilman from geographic district numbered two and one
Councilman at large shall be elected for a one-year term beginning
January 1, 1976 . At the next general election in November, 1976,
they shall be elected for four-year terms .
(2) Two Councilmen, one each from geographic districts numbered one and
three and one Councilman at large shall be elected for a three-year
term beginning January 1, 1976 . At the general election in
November, 1978, they shall be elected for four-year terms .
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( 3) In subsequent elections, Councilmen shall be elected for four-year
terms as provided in Section 13-3 of this Charter.
Section 18-6 -- Salaries .
Until otherwise established as provided by this Charter, the salaries of all
elective officials shall remain the same as they existed on the effective
date of this Charter.
Section 18-7 -- Prior Legislation and Policies .
All resolutions, motions, rules and regulations which are not inconsistent
with the terms of this Charter, and which are in force on the effective date
of this Charter, shall continue in force until repealed or amended. Existing
resolutions which enact legislative measures shall be considered to be
ordinances under this Charter.
Section 18-8 -- Existing Contracts .
( 1) All rights, claims, actions, orders, contracts and legal or
administrative proceedings shall continue except as modified
pursuant to the provisions of this Charter, and in each case shall
be maintained, carried on or dealt with by the County department,
office or agency appropriate under this Charter.
(2) Nothing in this Charter shall abridge the rights, duties, or
obligations heretofore obtained or incurred by contract or
ordinance and legally entered into or passed by the County.
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78
Section 18-9 -- Continuation of Employment.
All appointed employees of the County holding office on the effective date of
this Charter shall continue to be employed at their existing salaries,
subject to the provisions of this Charter and of the Personnel system
regulations adopted pursuant thereto.
Section 18-10 -- Appointive Boards and Commissions .
All appointive boards and commissions whose functions have not been
transferred by this Charter to another agency or department, or otherwise
dealt with by this Charter, shall continue to function until otherwise
determined by the Board.
Section 18-11 -- Continuation of Programs .
All functions, operations, and programs now being conducted by the County may
continue until otherwise provided by the Board.
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79
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 .
i P
ATTEST: I U � / ��ww� l BOARD O COUNTY COMMISSIONERS
/ WELD UNTY, CO DO
Weld County Clerk to the Board iG
ene R. Brantner, Chairman
BY: r x (-Cc z George Kennedy, fa sm- 'I
Deputy Clerk to the Board
APPROVED AS TO FORM: Constance L. ert
C.W. Ki
ounty Attorney
Go
900743
Cox_acted 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.
Ojai
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
Weld 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
�-
4.- ' ''
STATE OF COLORADO ) -. *
- "
COUNTY OF WELD ) , r.----.440- :
• -ua '. r,•-- .: cter,,
David B. Reynolds, being duly sworn, ,. ,' ' niaYe fN
says that he is atb'
y publisher of �
.w 9
The New News, a weekly newspaper • - � dbv eakt
published in Keenesburg in said Count , - , New News
and State; that said newspaper has a ,
general circulation in said County ot, -
and has been continously and
uninterruptedly published therein,
during a period of at least tu av_+,aft�
rg
fifty-two prior Mlle '"consecutive weeks to rx ,.
the first publication of the annexed
thin Board
notice; that said newspaper is a to `n the
an WI
newspaper within the meaning of thethethftYy aanof
act of the General Assembly of the loam
State of Colorado, entitled "An Act
to regulate the printing of legal EbMol. tke 8 1
notices and advertisements," and aa, wre
amendments thereto; that the notice ei
of which the annexed is a printed eeit ter ,�
copy taken from said newspaper, was
• B Ma
published in said newspaper, and in the tt
the regular and entire issue of ,�A, p�,
every number thereof, RheiitlttoVtbeED aft wank,
once a week for ) tom
successive weeks; that said notice • ° �« ;Reid
was so published in said newspaper ! BEEKCYED
proper and not in any supplement e, �o fa
thereof, and that the first O.%
ar- on
publication of said notice as m` a, question
question
aforesaid, was on the uon Wa& oodneum
e D.t
'themyz.
ac' day of__144_, 19
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BY; Am.cto the Bawd
and the last on the D,O day of gj PO IA: .
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