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HomeMy WebLinkAbout20223379.tiffRESOLUTION RE: DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY ORDINANCE NO. 258-B, SUPPLEMENTAL BUDGET APPROPRIATION FOR 2022 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, the Board of County Commissioners has reviewed the necessity of publishing Emergency Ordinance No. 258-B, Supplemental Budget Appropriation for 2022, and WHEREAS, it was determined by the Board that the Clerk to the Board be directed to have published said Emergency Ordinance No. 258-B. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Clerk to the Board be, and hereby is, directed to have published Emergency Ordinance No. 258-B, Supplemental Budget Appropriation for 2022, said publication to be on December 9, 2022. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of December, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddtitim) ;(i EXCUSED Scott K. James, Chair Weld County Clerk to the Board County Attorney Date of signature: I:2/I_/22- F teve Moreno, Acting Chair -Tem Lori Saine Cc: CTg(EG) ►2 /2ga2. 2022-3379 ORD258-B ORDINANCE NO. 258-B IN THE MATTER OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE YEAR 2022 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, Section 29-1-111, C.R.S., provides that if during the fiscal year the governing board deems it necessary, in view of the needs of the various offices or departments, it may transfer budgeted and appropriated monies from one or more spending agencies in one fund to one or more spending agencies in another fund and/or transfer budgeted appropriated monies between spending agencies within a fund, and WHEREAS, Section 29-1-111, C.R.S., provides that if during the fiscal year the governing body or any spending agency received unanticipated revenue or revenues not assured at the time of the adoption of the budget from any source other than the local government's property tax mill levy, the governing board of the local government may authorize the expenditure of these unanticipated or unassured funds by enacting a supplementary budget and appropriation, and WHEREAS, the Board of County Commissioners of Weld County has been advised that supplemental budget appropriations, in accordance with the above, need to be made in fiscal year 2022 in various County funds, as more fully set forth in the Exhibits attached hereto and incorporated herein by reference, and WHEREAS, this is an emergency caused by a contingency which would not have been reasonably foreseen at the time of the adoption of the 2022 Budget, and WHEREAS, by Section 29-3-112, C.R.S., the governing board of a county does, in an emergency situation, have authority for the expenditure of funds in excess of said budget, by Ordinance duly adopted by two-thirds of the vote of the governing body; however, Section 3-14(6) of the Weld County Home Rule Charter requires any ordinance which is declared therein to be an emergency ordinance to be enacted by four -fifths vote of the Board. NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of the County of Weld, State of Colorado, that the supplemental budget appropriations for fiscal year 2022 in various County funds, as more fully set forth in the attached Exhibits, which were made necessary by an emergency caused by a contingency which could not have been reasonably foreseen at the time of the adoption of the 2022 Budget be, and hereby are, approved. BE IT FURTHER ORDAINED by the Board that an emergency exists which requires that Supplemental Budget Appropriation Ordinance No. 258-B be, and hereby is, declared to be an emergency ordinance under the provision of Section 3-14 of the Weld County Home Rule Charter. 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. Board of County Commissioners Weld County, Colorado Published: December 9, 2022, in the Greeley Tribune Read and Approved: December 19, 2022 Published: December 23, 2022, in the Greeley Tribune Effective: December 19, 2022 Hello