HomeMy WebLinkAbout950858.tiff ORDINANCE NO. 30-B
IN THE MATTER OF AMENDING WELD COUNTY ORDINANCE NO. 30 REGARDING THE GREELEY-WELD
COUNTY AIRPORT AUTHORITY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE
OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is
vested with the authority of administering he affairs of Weld County, Colorado,
and
WHEREAS, the Board of County Commissioners has the power and authority to
enact Ordinances pursuant to Section 3-14 of the Weld County Home Rule Charter,
and
WHEREAS, Sections 41-3-101, et seq. , CRS, otherwise known as the "Colorado
Public Airport Authority Act," authorizes the creation of airport authorities,
corporate and politic, by cities and counties, and
WHEREAS, on July 24, 1978, the Board of County Commissioners enacted Weld
County Ordinance No. 30, entitled "In the Matter of Creating the Weld County
Municipal Airport Authority, " with an effective date of August 1, 1978, and
WHEREAS, on May 23, 1983, the Board of County Commissioners enacted Weld
County Ordinance No. 30-A, entitled "In the Matter of Changing the Name of the
Weld County Municipal Airport Authority to the Greeley-Weld County Airport
Authority," with an effective date of June 1, 1983, and
WHEREAS, said Airport Authority has continuously operated an airport known
as the Greeley-Weld County Airport since August 1, 1978, and
WHEREAS, the Board of County Commissioners and the Greeley City Council
have determined that it is in the best interests of the citizens of the City of
Greeley and the County of Weld, State of Colorado, to amend Weld County Ordinance
No. 30 to abolish, terminate, and discharge the current Board of Commissioners
of the Airport Authority as appointed by and pursuant to Section 6 of said
Ordinance No. 30, and amend said Section 6 of Ordinance No. 30 so as to reform
the Board of Commissioners of the Airport Authority and to change the method by
which members are appointed to said Board.
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of the
County of Weld, State of Colorado, that Weld County Ordinance No. 30, enacted
July 24, 1978, effective August 1, 1978, is hereby amended as follows:
ORD 1130-B
950858
RE: ORDINANCE NO. 30-B
PAGE 2
Section 6. All of the powers, privileges, and duties vested in or imposed
upon said Airport Authority pursuant to the provisions of the Colorado Public
Airport Authority Act shall be exercised and performed by and through a Board of
Commissioners representing the City of Greeley and the County of Weld. Two Board
members shall be Councilpersons from and appointed by the Greeley City Council,
and two Board members shall be Commissioners from and appointed by the Board of
County Commissioners of the County of Weld. In addition, the City shall appoint
one alternate Board member who shall be a City Councilperson, and the County
shall appoint one alternate Board member who shall be a County Commissioner. The
alternate members shall attend Board meetings when the regular members cannot.
A fifth Board member shall be appointed jointly by the two City Councilpersons
and two County Commissioners. The term of each City Councilperson and County
Commissioner shall be for four years, or until such time as he or she is no
longer a member of the Greeley City Council or Board of County Commissioners of
the County of Weld, whichever is sooner, except that the initial terms of one of
the City Councilpersons and one of the County Commissioners shall be two years.
The two alternate Board members and the fifth Board member shall each be
appointed for four year terms. A quorum for the Board shall consist of four
members present.
BE IT FURTHER ORDAINED by the Board of County Commissioners:
A. That the current Board of Commissioners as created by and appointed
pursuant to Section 6 of Weld County Ordinance No. 30 is hereby
abolished, terminated, and discharged.
B. That a certified copy of this Ordinance shall be filed with the
Director of the Division of Local Government in the Department of
Local Affairs.
C. That if any section, subsection, paragraph, sentence, clause, or
phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the
remaining portions hereof. The Board of County Commissioners hereby
declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections,
paragraphs, sentences, clauses, or phrases might be declared to be
unconstitutional or invalid.
D. That this Ordinance No. 30-B shall become effective January 1, 1993.
ORD #30-B
RE: ORDINANCE NO. 30-B
PAGE 3
The above and foregoing Ordinance No. 30-B was, on motion duly made and
sec nded, adopted by the following vote on the day of
A.D. , 1993.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Cl rk to the Board
Constance L. Harbert, Chairman
By:
Deputy Clerk to he Board W. H. Webster, Pro-Tem
APPROVED AS TO FORM: \
George E. Baxter
County Attorney Dale K. Hall
\ Barbara J. Kirkmeyer
First Reading: ;' November 25, 1992
Published: / December 3, 1992 in the Winds' Beacon
Second R ding: December 14, 1992 (continued to \ guary 6, 1993)
Seco Reading: January 6, 1993 (continued from Decemble 14, 1992)
D ied: January 6, 1993
On January 6, 1993, the above Ordina No. 30-B died for lack of a motion to
approve same.
/14.4111
Carol A. Harding,
Deputy Clerk to the Board
ORD #30-B
December 14, 1992, r�'
TO: The Weld County Board of Commissioners
The Greeley City Council
GLL
i0 The undersigned would like to offer a suggestion to each
of the above named bodies that might help eliminate the impasse
that seems to exist regarding the make-up of the Greeley-Weld
County Airport Authority.
The airport authority is a somewhat unique board compared
to many city and county boards . It was created under the Public
Airport Authority Act of the state of Colorado as an autonomous
governing body of the airport and has the status of a political
subdivision of the state of Colorado. The statute creating
such authority is quite clear in that a decrease, dissolution,
or major change in the constitution of such authority must be
proposed byresolution of both originating city and county boards ,
and, under paragraphs 3 and 4 of Section 4 of the Act , a require-
ment that a public hearing on such matter be held after 10 days
notice of such hearing be published in a newspaper in the
municipality, or in case of the county, a newspaper of general
circulation in the county.
We do not feel that such a public hearing or legal notifi-
cation under the state statute has occured, and regardless of
the number of council or commissioner members represented on
the authority, the general public and/or users of the airport
have had their representation decreased from 5 to either 3 or 1,
depending on the given proposal . Since public representation
has been decreased on the authority to some degree in any event,
we feel the public is entitled to a hearing as called for in
the state statute and adequate notice thereof (to include posting
at the airport as well as newspaper publication) .
Accordingly, might not the city council and the commissioners
schedule a joint public hearing on the proposed changes in
make-up of the Airport Authority, with proper newspaper publication
ten days in advance, and give all concerned an opportunity to
express their desires for the Authority to their elected repre-
sentatives . This should save the time of all concerned in
avoiding duplicate hearings , and still conform with state require-
ments. The Council and the Board of County Commissioners could
then proceed with a decision either to let the Airport Authority
remain as presently constituted, or change as they might jointly
decide.
algns
rting
tgos 8�1 9 J
_ Uicutet rntm
Ward H. McMurdo
2421-11th St. , Greeley, CO 80631
R A c-ve1 oRb 3 o
ne
Ordinance 30-B
Section 6 as Proposed to be Amended on Second Reading
Section 6 . All powers, privileges, and duties vested in or
imposed upon said Airport Authority pursuant to the provisions of
the Colorado Public Airport Authority Act shall be exercised and
performed by and through a Board of Commissioners ( "Airport
Commissioners" ) representing the City of Greeley and the County of
Weld. Three (3) Airport Commissioners shall be appointed by the
City, two (2 ) to be City Councilpersons, and three ( 3) Airport
Commissioners shall be appointed by the County, two (2 ) to be
County Commissioners .
In addition, the City shall appoint one alternate Airport
Commissioner who shall be a City Councilperson, and the County
shall appoint one alternate Airport Commissioner who shall be a
County Commissioner. The alternate Airport Commissioners shall
attend Board meetings when either of the regular City Councilperson
or County Commissioner Airport Commissioners, respectively, cannot.
A seventh Airport Commissioner shall be appointed jointly by
the City and the County, the initial appointment to be made by a
method agreeable to both the City and the County. After the
initial appointment, when a vacancy occurs in this position, the
Airport Board of Commissioners, no later than one month after
notice of the vacancy, shall recommend a candidate for the vacancy
to the City Council and the Board of County Commissioners . The
o (�'D 3C1
City Council and the Board of County Commissioners must act upon
the recommendation within one month of receipt and shall appoint
the recommended candidate except for good cause. Should the City
Council or the Board of County Commissioners reject the candidate
recommended, the Airport Board of Commissioners shall recommend
another candidate within one month. Vacancies in the other six (6 )
Commissioner positions shall be filled in the same manner as the
original appointments and by the same governmental entity (City or
County) which made the original appointment.
The term of each City Councilperson and County Commissioner
shall be for four years, or until such time as he or she is no
longer a members of the Greeley City Council or Board of County
Commissioners of the County of Weld, whichever is sooner, except
that the initial terms of one of the City Councilpersons and one of
the County Commissioners shall be two years . The other Airport
Commissioners, including the alternates , shall each be appointed
for four year terms . A quorum for the Board shall consist of four
Airport Commissioners present.
The initial term of appointment for the Airport Commissioners
who are not City Councilpersons or County Commissioners shall be
through December 31, 1994, any language in this ordinance to the
contrary, notwithstanding. The non-Councilperson/non-County
Commissioners are appointed as follows :
oRD 3fl.3
(-
County Appointee: C. H. "Bum" Carter
201 First Street
P.O. Box 586
Eaton, CO 80615
Joint Appointee: Mark Hinze
2721 Buena Vista Drive
Greeley, CO 80631
City Appointee: Bob Kelly
2435 5th Avenue
Greeley, CO 80631
c
Ordinance 30-B
Proposed Amended
D. That this Ordinance 30-13 shall become effective on
January 1, 1993 or the effective date of a City of Greeley
Ordinance amending City of Greeley, Colorado Ordinance 36 , 1978
consistent with this Ordinance, whichever is later in time.
ord30b6 .gjb
0R1132D3
es ty Councllperson and
Co. ConsnWbner shall be
for k.,years,or until such tine
as he or she is no longer•
member of the Greeley City
Council or Board of County
Commissioners of the County of
Weld, whichever is sooner,
except that the initial terms of AFFIDAVIT OF PUBLICATION
one of the City Councilpersons
and one of the County
Commissioners shall be STATE OF COLORADO
two-years.The two alternate SS
Board members and the fifth
Board member shall each be COUNTY OF'WELD appointed for lour year terms.A
quorum for the Board shall
consist of four members I, KEITH HANSEN, of said County of Weld,being duly
Kart sworn,say that I am publisher of
BE IT FURTHER ORDAINED by
9e0lYtlGEMo.iBi the Board of County WINDSOR BEACON
IN THE MATTER OF
AMENDING WELD COUNTY A.That the current Board of a weekly newspaper a general circulation in said
ORDINANCE NO. 30 Commissioners as created by having
REGARDING THE GREELEY- and appointed pursuant to County and State, published in the town of WINDSOR,
WELD COUNTY AIRPORT Section 6 of Weld County
AUTHORITY Ordinance No. 30 is hereby in said County and State; and that the notice, of which
abolished, terminated, and the annexed is a true copy, has been published in said
BE IR ORDAINED BY THE discharged. weekly for successive weeks, that the notice
BOARD OF COUNTY
COMMISSIONERS OF THE B.That a certified copy of this was published in the regular and entire issue of every
COUNTY OF WELD,STATE Ordinance shat be filed with the number of the paper during the period and time of
OF COLORADO: Director of the Division of Local P P
Govemment in the Department publication, and in the newspaper proper and not in a
the Board of ct Local An.ire. supplement, and that the first publication of said notice
WHEREAS,
County CommissionersBoof the PP
County of Weld, State of C. That B any section, was in said paper bearing the date of the
Colorado,pursuant to Colorado subsection, paragraph,
statute and the Weld County sentence,clause,or phrase of ,, ``rnT'
Home Rule Charter,N vested this Ordinance is for any reason �(La` day of , A.D., 19�7i and
with the authority of held or decided to be the last publication bearing the date of the
administering he Weirs of Weld unconstitutional,such decision
County,Colorado,and shall not affect the validity of the
remaining portions hereof.The day of Al)., 19_ and
WHEREAS, the Board of Board of County Commissioners
County Conviseionere has the hereby declares that It would that the said WINDSOR BEACON has been published
power and authority to enact have enacted this Ordinance in continuously and uninterruptedly for the period of 5
Ordinances pursuant to Section each and every section,
3.14 of the Weld County Home subsection, paragraph, consecutive weeks,in said County and State, prior to the
Rule Charter,and sentence,clause,and phrase date of first publication of said notice, and the same is a
thereof irrespective of the fact
WHEREAS,Sections 41-3-101, that any one or more sections, newspaper within the meaning of an Act to regulate
et seq.,CRS,otherwise(mown subsections, paragraphs, printing of legal notices an advertisements, approved
as the'Colorado Public Airport sentences,clauses,or phrases
Authority Act,'authorizes the might be declared to be May 18, 1931, and all prior cts or as in force.
creation of airport authorities, unconstitutional or invalid.
corporate and politic,by cities
and counties,and D.That this Ordinance No.30-8
shall become effective on
WHEREAS,on July 24,1978, January 1,1993. P LISTER
the Board of County
Commissioners enacted Weld The above and foregoing -�-z�
County Ordinance No. 30, Ordinance No.30.8 was,on t-"L
entitled 'In the Matter of motion duly made and Subsc ' d and sworn to before e this . day
Creating the Weld County seconded, adopted by the of 19 /
Munklpal Airport Authority;with blbwing vote on the Ma day of
an effective date of August 1, December,A.D.,1992.
1978,end
ATTEST: NOTARY PUBLIC
WHEREAS, May 23, n3, Weld County Clerk to the Boam
the Board of County /
Corn Odina enacted Weld BY: 4 9
County ty Ordinance No.30-A, Deputy Clerk K.totheeoard My commission expires ` � �
entitled 'In the Matter of
Changing the Name of the Weld APPROVED AS TO FORM:
County Municipal Airport
Authority to the Greeley-Weld County Attorney
• County Airport Authority,'with
an effective date of June 1, BOARD OF COUNTY
1983,and COMMISSIONERS, WELD
COUNTY,COLORADO
WHEREAS, said Airport
Authority has continuously Geroge Kennedy,Chairman
operated en airport known as Constance L.Harbert,Pro-Tern
the Greeley-Weld Courtly Akpat C.W.Katy
since August 1,1978.and Gordon E.Lacy
•
W.H.Webster
WHEREAS, the Board of
County Conv,*sicners and the FIRST READING:November 26,
Greeley City Council have 1902
determined that t is in the beet PUBLICATION:Deoernter 3,
Interests of the citizens of the 1992
City of Greeley and the County
of Weld,State of Colorado,to SECOND READING:December
amend Weld County Ordinance 14,1992
No.30 to abolish,terminate,and PUBLICATION:December 17,
discharge the current Board of 1992
Commissioners of the Airport
Authority as appointed by and FINAL READING:December 28,
pursuant to Section 6 of said 1992
Ordinance No.30,and amend PUBLICATION:December 31,
said Section 6 of Ordinance No. 1992
30 so as to reform the Board of
Commissioners of the Airport EFFECTIVE DATE:January 1,
Authority and to change the 1993
method by which members are
appointed to said Board. Publlshedln the Windsor
Beacon December 3,
NOW, THEREFORE, BE IT December 17,December 31,
ORDAINED,by the Board of 19811;
County Commissioners of the
County of Weld, State of
Colorado,that Weld County
Ordinance No.30,enacted Juy
24, 1978,effective August 1,
1978, Is hereby amended as
folows:
Section 8.All of the powers,
privileges,and duties vested in
or imposed upon said Airport
Authority pursuant to the
provisions of the Colorado
Public Airport Authority Act shell
be exercised and performed by
end through a Board of
Commissioners representing the
City of Greeley and the County
of Weld.Two Board members
shall be Counclipersons from
and appointed by the Greeley
City Council,end two Board
members shall be
Commissioners from and
appointed by the Board of
County Commissioners of the
County of Wald.In addition,the
City shall appoint one alternate
Board member who shall be a
City Councilperson,and the
County shall appoint one
alternate Board member who
shall be a County
Commissioner.The alternate
members shall attend Board
meetings when the regular
members cannot.A fifth Board
member shall be appointed
jointly by the two City
Counoilpersons and two County
Commissioners. The term of
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