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EMERGENCY ORDINANCE NO. 185
IN THE MATTER OF POLICY REGARDING ISSUANCE OF BUILDING AND ELECTRICAL
PERMITS FOR CORRECTIONAL FACILITIES
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, the Weld County Home Rule Charter has been amended, by election held on
June 13, 1995, by the addition of a new Article XV, Section 15-5 which purports to apply to all
correctional facilities in Weld County, and
WHEREAS, the Board wishes to implement the Charter amendment by adopting certain
policies regarding the issuance of building and electrical permits for correctional facilities, and
WHEREAS, immediate adoption of this Ordinance is imperatively necessary for the
preservation of public health, safety, or welfare as the time necessary to adopt this Ordinance
under the normal process would delay the adoption of these procedures for an additional four to
five weeks.
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of the
County of Weld, State of Colorado, that this Ordinance be adopted as follows:
A. No building or electrical permit shall be issued for the construction of a correctional
facility (as defined in Article XV, Section 15-5 of the Weld County Home Rule
Charter) unless and until the results of an election approving the location and siting
of the correctional facility have been certified to the Board of County Commissioners
or the Board has been presented with a certified copy of a final court order from a
Court of competent jurisdiction finding and determining that Article XV, Section 15-5
is inapplicable to the proposed facility or that the Section is unconstitutional or
otherwise invalid on its face or as applied. An applicant for a building or electrical
permit who relies upon such a court order in commencing construction assumes any
risk that such a judicial determination may be overturned on appeal or by collateral
attack.
B. No portion of Article XV, Section 15-5 of the Weld County Home Rule Charter shall
be interpreted to exempt any correctional facility from any requirement of the Weld
County Zoning Ordinance #89, as amended or the Weld County Building Code
Ordinance #119, as amended.
C. That these policies shall be incorporated into the Weld County Administrative
Manual.
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Weld County CO Clerk & Recorder 0.00
951263
ORD#185
ORDINANCE #185
PAGE 2
BE IT FURTHER ORDAINED by the Board that no portion of this Ordinance shall be
deemed to have given rise to a duty of care on the part of Weld County or its public employees,
as defined at C.R.S. § 24-10-103(4), where none otherwise existed nor shall any portion of this
Ordinance be deemed to constitute a waiver of immunity by Weld County or its public employees.
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.
BE IT FURTHER ORDAINED that, pursuant to Article III, Section 3-14(6) of the Weld
County Home Rule Charter, subject matter of this Ordinance is found and declared to be an
emergency.
The above and foregoing Emergency Ordinance Number 185 was, on motion duly made
and seconded, adopted by the following vote on the 21st day of June, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO}ORJWO
ATTES, ,
il
Weld County Clerk to the Board
BY:
Deputy Ciei
APPROVFcp AS T
unty Attorney
ard—�
Dale 1 . Hall, Chairman
J. Kirkmey r, ro-T
George Baxter
Constance L. Harbert
W. H. Webster
Read and Approved: June 21, 1995
Publication: June 2 e 19, in the
Vindsor in Beacon
Octobr 1995, the Nor
th Weld Herald
Effective: June 21, 1995
2445541 R-1500 P-225 07/06/95 05:03P PG 2 OF 2
951263
ORD#185
EMERGENCY
ORDINANCE NO.185
phrases might be declared
to be unconetautional or
invalid.
IN THE MATTER OF
POLICY REGARDING IS-
SUANCE OF BUILDING
AND ELECTRICAL PER-
MITS FOR CORREC-
TIONAL FACILItiES
BE IT ORDAINED BY
THE BOARD OF COUN-
TY COMMISSIONERS
OF THE COUNTY OF
WELD, STATE OF CO-
LORADO:
WHEREAS, the Board
of County Commissioners
of the County of Weld,
State of Colorado, par-
suam-to Colorado statute
and the Weld County
Home Rule Charter, is
vested with the authority
of administering the affairs
of Weld County, Colorado,
and
WHEREAS, -the Weld
County Home Rule Char-
ter has been amended, by
election held on June 13,
1995, by the addition of a
new Article XV, Section
15-S which purports to
apply to all correctional
facilitHe In Weld County,
and
WHEREAS, the Board
wishes to implement the
Charter amendment by
adopting certain policies
regarding the issuance of
building and electrical
permits for correctional
IadNMs, and
WHEREAS, immediate
adoption of this Ordinance
is Imperatively necessary
or the preservation of
public health, safety, or
welfare as the time
necessary to adopt this
Ordinance under the
normal process would
delay the adoption of
these procedures for an
additional four to five
weeks.
NOW, THEREFORE,
BE IT ORDAINED, by the
Board of County Conanis-
sioners of the County of
Weld, State of Colorado,
that Ihie Ordinance be
adopted as follows:
A.No building or dcc-
tdcai permit shall be
Issued for the con-
struction of a cor-
rectional ladlity (as
defined in Article XV,
Section 15.5 at the
Weld County Home
Rule Charter) unless
and until the results
of an election ap-
proving the location
and siting of the
correctional facility
have been certified
to the Board of
County Commis-
sioners or the Board
has been presented
wth a certified copy
of a final court order
from a Court of com-
petent jurisdiction
finding and deter-
mining that Article
XV, Section 15-5 is
inapplicable to the
proposed facility or
that the Section is
unconstitutional or
otherwise invalid on
its face or as ap-
plied. An applicant
for a building or
electrical pemna who
relies upon such a
court order in com-
mencing construc-
tion assumes any
risk that such a
judicial determina-
tion may be over-
turned on appeal or
by collateral attack.
BE IT FURTHER OR-
DAINED that, pursuant to
Article ill, Section 3-14(6)
of the Weld County Home
Rule Charter, sub-ject
matter of this Ordinance is
found and declared to be
an emergency.
The above and foregoing
Emergency Ordinance
Number 185 was, on
motion duly made and
seconded, adopted by the
following vote on the 21st
day of June, A.D.,1995.
BOARD OF COUNTY
COMMISSIONERS
WELD COUNTY,
COLORADO
Dale K. Hal, Chairmen
Barbara J. Khloneyer,
Pro-Tem
George E. Baxter
Constance L. Haibed
W. H. Webster
ATTEST:
Weld County Clerk
to the Board
BY:
Deputy Clerk to the Board
APPROVED AS
TO FORM:
County Attorney
Read and Approved:
June 21, 1995
Publication:
June 29, 1995,
in the Windsor Beacon
October 12,1995,
hr the North Weld Herald
Faanwa him 91 1555
AFFIDAVIT OF PUBLICATION
STATE OF COLORADO
COUNTY OF WELD
I, Bruce J. Bormann, of said County of Weld, being duly
sworn, say that I am Publisher of
THE NORTH WELD HERALD
SS.
a weekly newspaper having a general circulation in said
County and State, published in the town of Eaton, in said
County and State; and that the notice, of which the annexed is
a true copy, has been published in said weekly newspaper for
(%YLQ, successive weeks, that the notice was published
in the regular and entire issue of every number of the paper
during the period and time of publication, and in the
newspaper proper and not in a supplement, and that the
publication of said notice:
�iucf�l2.-u c. /g c
ieas_A said newspaper bearing the date(s) of:
746(/i/SLea-y i 19 95,19
,19
19
and that the said THE NORTH WELD HERALD has been
published continuously and uninterruptedly for the period of 52
consecutive weeks, in said County and State, prior to the date
of first publication of said notice, and the same is a newspaper
within the meaning of an Act to regulate printing of legal
notices and advertisements, approve ay 18, 1931, and all
prior acts so far -- i orce.
J. BORMANN, PUBLISHER
ERIKA C. BAGLEYSubscri
Notary Public
State of Colorado of
d and sworn to before me this /3 h1 day
()elan, ,1995
e S�a
NOTARY PUBLIC
My commission expires &Wm, 2/, 19999
B. No portion of Article
XV, Section 15.5 of
the Weld County
Home Rule Charter
shall be interpreted
to exempt any cor-
rectional facility from
any requirement of
the Weld County
Zoning Ordinance
#89, as amended or
the Weld County
Building Code Ordi-
nance #119, as a-
mended.
C.That these policies
shall be incorporated
into the Weld County
Administrative
Manual.
SE IT FURTHER OR-
DAINED by the Board that_
no portion of this Or-
elance shall be deemed
to have given rise to a
dory of care on the part of
Weld County or its public
employees, as defined at
C.R.S. § 24-10-103(4),
where none otherwise
existed nor shall any
portion of this Ordinance
be deemed to constitute a
waiver of Immunity by
Weld County or Its public
snWoyees.
BE IT FURTHER OR-
DAINED by the Board, it
any section, subsection,
paragraph, sentence,
clause, or phrase of this
Ordinance Is for any
reason held or decided to
be unconst#utionai, such
decision shall not affect
the validity of the re -
TMBoardnlofsCounty
Commissioners hereby
declares that it would
have enacted this Ordi-
nance in each and every
section, subsection, para-
Raph, sentence, clause,
and phrase thereof Irre-
spective of the fact that
any one or more sections,
subsections, paragraphs,
sentences, clauses, or
618.59....Comm
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