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Home My WebLink About961340.tiff �l ORDINANCE NO. 42-A IN THE MATTER OF AMENDING ORDINANCE NO. 42 REGARDING ORDINANCE PROCEDURES FOR THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO 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 the affairs of Weld County, Colorado, and WHEREAS, Weld County Ordinance No. 42 sets forth certain procedures for the adoption of ordinances by the Board of County Commissioners as required by Article Ill, Section 3-10 of the Weld County Home Rule Charter, and WHEREAS, paragraphs b) and c) on pages 4 and 5 of Ordinance No. 42 provide rules regarding changes made to ordinances during the reading process and regarding the publication of ordinances, and WHEREAS, the Clerk to the Board of County Commissioners and the Weld County Attorney have presented to the Board certain amendments to said paragraphs b) and c) of Ordinance No. 42, which amendments are designed to more accurately reflect the Board's current practices regarding changes made during the reading process and regarding the publication of ordinances, and WHEREAS, the Board of County Commissioners now deems it advisable to amend Ordinance No. 42 as proposed. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that paragraphs b) and c) on pages 4 and 5 of Ordinance No. 42 are amended as follows: b) An ordinance must be published in full upon introduction. Penalty provisions of the ordinance, if any, must be published after each reading. Any exhibits or attachments relevant to the ordinance shall be referred to therein, but shall not be published as part of the ordinance. The ordinance shall state that copies of exhibits or attachments are available for inspection at the Office of the Clerk to the Board of County Commissioners. c) An ordinance, other than an emergency ordinance, may be amended at the time of its first, second or final reading. Those portions so amended must be read and published in full. d) The term "public notice" as used in Article III, Section 3-14 of the Weld County Home Rule Charter shall mean, at a minimum, notice by publication of the title of an ordinance. 2509481 B-1565 P-218 09/05/96 02:12P PG 1 OF 2 REC DOC Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 ORD42 961340 ORDINANCE NO. 42-A PAGE 2 BE IT FURTHER ORDAINED by the Board that the remaining portions of Ordinance No. 42 shall remain the same. BE IT FURTHER ORDAINED by the Board 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. The above and foregoing Ordinance Number 42-A was, on motion duly made and seconded, adopted by the following vote on the 4th day of September, A. D., 1996. BOARD OF COUNTY COMMISSIONERS •t`. 44/Mt WELD COUNTY, COLD DO `' F t arbara J. Kirkmeyer, C air ,_ ,,,,,,-„,„ C nt Clerk to the Board ��dt � y At" 'r 17 s ,, ve �y r e Baxter, Pr -TerriJ `Deputy Cler L . the Board Dale K. Hall Clit APP AS TO FO ll:,/-i.K.T ..4% d---ri-e-, Constance L. Harbert ' ou ty Attorney r �' W. H. Webster First Reading: August 5, 1996 Publication: August 8, 1996 Second Reading: August 19, 1996 Publication: August 22, 1996 Final Reading: September 4, 1996 Publication: September 5, 1996 Effective: September 10, 1996 2509481 B-1565 P-218 09/05/96 02:12P PG 2 OF 2 ORD42 961340 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss. COUNTY OF WELD I, Bruce J. Bormann,of said County of Weld, being duly sworn,say that I am Publisher of ORDNANCE NO IAA `.. IN THE MATTER OF AMENDING ORDINANCE NO.42 REGARDING ORDINANCE PROCEDURIO FOR THE BOARDOF COUNTY COMPASSION- THE NORTH WELD HERALD ERS OF WELD COUNTY,COLORADO BE IT ORDAINED BY THE.BOARD OF COUNTY COI EEEION016OFTM COIINTYOFW s TRC ALORA4ol a weekly newspaper having a general circulation in said WHEREAS,the Board of Cou ConeeNelonere of the; d Weld to Colofade emu end the weld County and State,published in the Town of Eaton,in said n� County Home Rule Charter,Is vested with e subtorsy of adminlegdng themetiient ' O114rc f75NISWq,;and County and State;and that the notice,of which the annexed is WHEREAS,Weld County Ordinance Nor forthe forth certain prddeetkN for ahe'*Wean of redray 4p by the Board of County Corn- a true copy,has been published in said weekly newspaper for mieelonere as required by Article III,Section 3.10 of fFe Weld County Home Wda CharEM,and one successive week(s),that the notice was published WHEREAS,paragraphs b)and d)on e 4 and S of Ordinance No.42 provide rules regarding canoes made to ordinances during the reeding proceed and regarding the publication or ordinances,and in the regular and entire issue of every number of the paper WHEREAS,the Clerk to the Board of County Commissioners and the Weld County Attorney have presented to the Board certain during the period and time of publication, and in the amendments to said paragraphs b)and a)of Ordinance No.42,which amendments are designed to more accurately reflect the Board's current practices regarding changes made during the reading process and regarding the publication of owanances,and newspaper proper and not in a supplement,and that the WHEREAS,the Board of County Commissioners now deems it eddleebls to emend Ordinance No.42 as proposed. publication of said notice: NOW,THEREFORE,BE R ORDAINED by the Board of County Commissional'of the.County of Weld,Sae of Colorado,that part- Ordinance No.42-A graphs b)and c)on pages 4 and 5 of Ordinance No.42 are amended as follows: Final Reading b) An ordinance must be published in full upon Introduction. Penalty p/0vle se l of the oldhance,if a must be published after each reading. Any 6x14215 or attachments relevant a the ordinance shag be refeffed to herein'but ahaa nor ee age'dr es part Vat or- was in said newspaper bearin the dates of: dinance. The ordinance ehan sate mat copes of edrlbits or atachments are sealable for le ppclbo at Me Olflce of Me Clerk a Me Board ofg date(s) County Commissioners. Thursday c) An ordinance,other than an emergency ordinance,may be amended at the time of its.first,second or final reading. Those •,the 5th day of September,1996 portions so amended must be read and published In full. dMiele) The term-public notice'as used in Miele It,Section 9-14 of the Weld County Home Rua Charter than mean,at a mini- Thursday,the day of September,1996 mum,notice by biicaOan of the me of en ordinance. BE R FURTHER ORDAINED by tie Board roar the remaining portions of Ordinance No.42 shall remain the same. Thursday,the day of September,1996 BE IT FURTHER ORDAINED by l any section,subsection,paragraph,sentence,clause,or phrase of this Ordinance is for Court Corn Worn hereby dbee ,--Met n vrould uhaave risiocted tNe aOrdhance0eet In each and the ,g esbasrticiceonheereof.eph seBoanterd nncof. Thursday,the day of September,1996 clause,and phrase thereof Imespa rive of the fact Mat any one or more sections,subsections,paraorapha,sentfnces,clauses,or phrases might be declared to be unconstitutional or invalid. and that the said THE NORTH WELD HERALD has been The above and foregoing Ordinance Number 42-A was,on motion duly made and seconded,adopted by the following vote on the 4th day of September,-A.D.,1906.. published continuously and uninterruptedly for the period of 52 consecutive weeks,in said County and State,prior to the date BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO of first publication of said notice,and the same is a newspaper ATTEST: le/.Barbara J.Kirkmeyer within the meaning of an Act to regulate printing of legal /81.Donald D.Warden Barbara J.Klrkmeyer,Chair weld County Clerk to the Board fge notices and advertisem ,approved May 18,1931,and all (SEAL) OeorG�ge E.a tt after, em prior acts so far as in BY: /s/.Shellyy K.Miler Deputy Clerk a the Board /s/.Dais K.Han Dale K.Han '4,.....4.,_, APPROVED AS TO FORM: RU J.BORMANN,PUBLISHER ' /a/.Constance L.Harbert Constance L.Harbert /s/.Bruce T.Barker 53.97 County Attorney Publication Cost:$ Is/.W.H.Webster W.H.Webster First Reading: August 5,1995 Publication: August 8,1998 Subscribed and sworn to before me —..?5Y....w" Second Reading: August 19,1998 ..........w,4 Publication: August 22,1996 -4,-::-.-...• •••.•�1 F - this 27th day of September,1996 Final Reading: September 4,1998 0, :� Publication: September 5,1996 n ERIKA C. I Effective: September 10,1998 g1Ti�� l l �BQ , + '. BAGLEY ERIKA C.BAGLEY,NOTARY(PU LIC w�i,' ?CZ My commission expires October 21,1999 v yF �OF C1/4-." FR Board of County Commissioners(f FROM: Bruce T. Barker, Weld County Attorney WI ' e. DATE: July 24, 1996 RE: Ordinance 42-A--Ordinance Procedures COLORADO Weld County Ordinance 42 was enacted to clarify when ordinances must be created for the purpose of entering into contracts. The Ordinance also includes three paragraphs on Pages 4 and 5 which state specific rules regarding the reading and publication of ordinances. Paragraph b) sets forth a rule which does not make much sense. It requires the Board of County Commissioners to go back and start over in the reading process if there is a change at one of the readings to the proposed ordinance. The practice the Board has followed is to continue on without going back to the start of the process when changes are made. The Board's current practice is in line with the Colorado General Assembly whereby any changes made to a Bill as it passes through the system does not mean that it then goes back to the start of the lengthy and painful process. None of the three paragraphs in Ordinance 42 addresses the issue of full publication of a proposed ordinance. Paragraph c) on Page 5 exempts exhibits or attachments from publication. The current practice is to publish an ordinance in full after each reading. For changes to planning and zoning ordinances, an initial publication is made before the Board of County Commissioners' first reading. The current practice of publishing after the second and final readings is expensive. Carol Harding has questioned whether we need to publish an ordinance in full more than once in the process. I checked the Weld County Home Rule Charter (Article III, Section 3-14) and state statute (Section 30-15-405, C.R.S., ) and found that the requirement is only one publication in full of any proposed ordinance. Any changes to the proposed ordinance in the reading process must also be published. The Home Rule Charter requires "public notice" of the reading of a proposed ordinance prior to its second and third readings, and prior to the reading and adoption of any emergency ordinance. The Charter does not, however, define the term "public notice." It seems to me that "public notice" is satisfied if we publish only the title of any proposed ordinance after it is published once in full. The attached proposed Ordinance 42-A modifies paragraphs b) and c) in two ways. First, it requires only one publication in full and the publication of any changes (referred to as "amendments") to the proposed ordinance. Second, it allows for changes to the proposed ordinance without having to go back to the start of the process. Ordinance 42-A adds paragraph d) to clarify what is meant by the term "public notice." I recommend that the Board enact Ordinance 42-A. I will be happy to put it on the agenda for first reading (and sole publication, unless changed!) if you so desire. Please also feel free to suggest any modifications or additions to the language. Put On Work Agenda Session George Baxter Dale Hall Connie Harbert Barbara Kirkmeyer V/ Bill Webster 2 l ce T. Barker Weld County Attorney BTB/db:Memo/BOCC/Ord42A Attachments pc: Don Warden Carol Harding Lee Morrison Hello