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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 III,
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relevant to the ordinance shall be referred to therein, but shall not be published as part of the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 Charters II mean, at a minimum, notice by publication of the title of an ordinance.
(570,• OR D42
ffr 6 -? 4 961448
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
WELD COUNTY, COLORADO
ATTEST:
Barbara J. Kirkmeyer, Chair
Weld County Clerk to the Board
George E. Baxter, Pro-Tern
BY:
Deputy Clerk to the Board
Dale K. Hall
APPROVED AS TO FORM:
Constance L. Harbert
County Attorney
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
ORD42
961340
•
(1 4° 1' PgI4C' FR Board of County Commissioners
FROM: Bruce T. Barker, Weld County Attorney
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 h)
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
Bill Webster 1/
2
/1
l ` 7
e T. Barker
Weld County Attorney
BTB/db:Memo/BOCC/Ord42A
Attachments
pc: Don Warden
Carol Harding
Lee Morrison
AFFIDAVIT OF PUBLICATION
STATE OF COLORADO
ORDINANCE NO.42-A SS.
IN THE MATTER OF AMENDING ORDINANCE NO.42 REGARDING ORDINANCE PROCEDURES FOR THE BOARD OF COUNTY COMMIS- COUNTY OF WELD
SIONERS OF WELD COUNTY,COLORADO
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO: I, Bruce J. Bormann,of said County of Weld, being duly
NE
sworn,say that I am Publisher of
WHEREAS,the Board of County Commlealoners of the County of Weld,State of Colorado,pursuant to Colorado statute and the
Weld County Home Rule Charter,avoided with the authority of administering the affairs of Weld County,Colorado,and THE NORTH WELD HERALD
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 III,Section 3-10 of the Weld County Home R Charter,end a weekly newspaper having a general circulation in said
WHEREAS,paragraphs b)and c)on pages 4 and S of Ordinance No.42 provide rules regarding changes made to ordinances our- County and State,published in the Town of Eaton,in said
ing the reading praceys end regarding the publication of ordinances,end
WHEREAS,the Clerk to thedoardCounty and State;and that the notice,of which the annexed is
amendments to said r Y Commissioners and the Weld County Attorney have presented to the Board certain
praaticee regarding ps aragraph*
a during the OwnsNo and rega 42,which r
ding
g���designedtion ordinances,ce,aru�ratey reflect the Board's current a true copy,has been published in said weekly newspaper for
WHEREAS,the Bard of Commissioners Consioners now deems it adviaable to amend Ordinance No.42 as proposed. one successive week(s),that the notice was published
4
NOW,THEREFORE,EE IT ORDAINED the Board of County Commissioners of the County of Weld,State of Colorado,that para- in the regular and entire issue of every number of the paper
graphs b)and c)on pages 4 soda o"Ordrsecefao. 2 are amended as follows: during the period and time of publication, and in the
b) An ordinance must be p in full upon Introduction. Penalty provisions of the ordinance,if any,must be pub- newspaper proper and not in a supplement,and that the
fished after each reading. Any euIWNe *min to the ordinance shall be referred to therein,but shall not be published as part
of the ordinance. The drdhrMrd Mateliest eldibits or attachments are available for inspection at the OHIO of the Clerk to the
Board of County Comrniuloners. publication of said notice:
c) ,.. An ordinance,other then an ernergency ordinance,may be amended at the time of its first,second or final reading. Ordinance Number 42-A—First Reading
Those portions no amended must be teed and publlahee 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 min-
imum, date(s)notice by publication Mafia title of and ordinance.
BE IT FURTHERIAINEDDby the Board that the remaining portions of Ordinance No.42 shall remain the same. Thursday,the 8th day of August,1996
BE ff- lritiADIfD by the Board If any section,subsection parag h,sentence,clause,or phrase of this Ordinance is
for any reason heldor olis NnnhneatWmN,such decision shall not affect the validity of the remaining portions hereof. The Board or Thursday,the day of August,1996
Commissional*CounCommissional*INreby&Memo that It would have enacted.this Ordinance in each and every section,subsection,;paragraph,sen-
tence,clause,and p rasalyleredt Ineapective of:the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or
phrases might be dedatedb be uneonlitkutIonal or Invalid. Thursday,the day of August,1996
The above amok beeping Ordnance Number 42-A was,on motion duty made and seconded,adopted by the following vote on the
it 4th day of September, .-D.,me.-
Thursday,the day of August,1996
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO and that the said THE NORTH WELD HERALD has been
ATTEST: -
Barbara J.t0rlanyer,Chair published continuously and uninterruptedly for the period of 52
Weld County Clerk to the Board
consecutive weeks,in said County and State,prior to the date
George E.Baxter,Pro-Tem of first publication of said notice,and the same is a newspaper
BY:
Deputy Clerk to the Board within the meaning of an Act to regulate printing of legal
Dale K.Hate
notices and advertisem ,approved May 18, 1931,and all
APPROVED AS 70 FORM:
prior acts so far as in
Constance L.Halbert
County Attorney '4, WT
W.H.Webster RU J.BORMANN,PUBLISHER
First Reeding: August 5,1996 p75
Publication: August 8,1996 In The North Weld Herald Publication Cost:$ o
Second Reading: -August19,1896
Publication: August 22,199&in The North Weld Herald
Final Reading: Septen6ier 4,1996
Publication: September 6,1996 in The North Weld Herald
Effective: September 10,1996 Subscribed and sworn to before me S W.WY p \tl
1
this /2tk day of August,1996 X. @',+', Ili
C i i BAGLEY f
ERIKA C.BAGLEY,NOTAR PU IC ffi' L, /OD%
1,19,; „/o�,
My commission expires October 21,1999 ty4.OF CON'=
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