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WELD COUNTY OFFICE OF COUNTY ATTORNEY ,ci ��
• — — s COMMISSIONERS SAM S. TELEP
MARSHALL H. ANDERSON COUNTY ATTORNEY
' HARRY S. ASHLEY FIRST NATIONAL BANK
BUILDING
GLENN K. BILLINGS PHONE ( 9as•a9aS
st
COLORADO
GREELEY, eoesf
February 26, 1973
Mr. Glenn K. Billings, Chairman
Board of County Commissioners
Weld County Courthouse
Greeley, Colorado 80631
Gentlemen:
QUESTION
May the Board of Trustees of the Weld County General Hospital use
hospital building funds (provided by a mill levy) for development
and construction of a new emergency out-patient department at the
hospital?
ANSWER
YES,
My opinion is based upon interpretation of the pertinent Colorado
State statutes as follows:
1963 C. R. S. 66-7-4(1) provides as follows: ". . . The Public
Hospital Board shall have the exclusive control of the expenditure
of all moneys collected to the credit of the public hospital fund,
and of the purchase of sites, the purchase, construction, or enlarge-
ment of any hospital building, and of the supervision, care, and
custody of the grounds, rooms or buildings purchased, constructed,
leased or set apart for that purpose. All moneys received for such
hospital shall be deposited in the treasury of the county to the credit
of the public hospital fund, and paid out only upon warrants ordered
drawn by the board of county commissioners of said county sworn
vouchers approved by said hospital board, "
fA F CO ORADO ss.
COUNTY OF WELD
Filed with the Clerk of the Board
of County Commissioners
FEB 2 71873
m 00ee, 0-2. 411111','",""/
By couxm oyE°—°"°EDeputy
730746 -
Board of County Commissioners
February 26, 1973
Page 2
Additionally, 1963 C. R. S. 66-7-8 provides as follows: "Improvements
or enlargements. -- In counties exercising the rights conferred by
this article the board of county commissioners may appropriate each
year, in addition to the one mill tax for hospital fund provided for in
section 66-7-1, not exceeding five per cent of its general fund for the
improvement or enlargement of any public hospital so established. "
In view of the wide latitude granted by statute to the Board of Trustees
in having the exclusive control of the expenditure of hospital funds, I
cannot find anything unusual about the Board of Hospital Trustees using
such accumulated funds for improvement or enlargement of the hospital
as provided in 1963 C. R. S. 66-7-8; especially, since all payments
collected or accumulated by the hospital can only be paid out upon
warrants drawn by the Board of County Commissioners and upon sworn
vouchers approved by the Hospital Board.
In view of the above, it appears that all moneys in the public works
fund (hospital use) are under the exclusive control as to expenditure
by the Board of Trustees of the hospital. That is, once moneys are
legally appropriated by mill levy or raised by other means for hospital
use, the expenditure of same is entirely within the control of the Board
of Trustees. Of course, I believe it would be in the best interests of
the county if the Board of Trustees would seek the approval of such
expenditure by the Board of County Commissioners as a public relations
matter. (Italics mine)
I trust that I have satisfactorily answered your inquiry.
Sincerely), /� y
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Samuel S. Telep
County Attorney
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