HomeMy WebLinkAbout710537.tiff JAMES H. SHELTON
ATTORNEY AT LAW
IIRIT NATIONAL BANK BUILDING
GREELEY. COLORADO 80891
November 11, 1971
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Mr. Andrew Gartner ! o: '. ;Linty Co,❑rc ..
1219 - 4th Avenue
Greeley NOV 1 1971
Colorado Gam,•
COUNTY CL ER!'AND REC0P6Fp
Dear Mr. Gunner: -By-
You have requested that I examine one certain Lease Agreement dated
April 1, 1971, wherein the Colorado Department of Health leased from you
certain office space located at 1217 - 4th Avenue, Greeley, Weld County,
Colorado.
Specifically, you asked for an opinion as to whether, as a member of the
Board of the Weld County Department of Health, you were prohibited from
contracting with the Colorado Department of Health and from contracting with
the .Y eld County Department of Health.
The pertinent statute of the Colorado Revised Statutes 1963, as amended, is
40-19-10. It provides as follows:
JI "40-19-10. Interest in contract prohibited.--whenever any officer
of this state or of any county, city, town, or school district therein,
shall be charged with the duty of making any contract for, or on
behalf of this state, or of any county, city, town, or school district
therein, whereby this state, or any county, city, town, or school
district therein, shall be obliged to pay any sum of money to any
person whomsoever, and whenever any such officer, as a member of
any board of auditors, commissioners, or directors, or otherwise,.
shall have any vote or voice in awarding any such contract, it shall
not be lawful for any such officer to become in any manner bound
for the fulfillment of such contract, or to take or receive any part
or portion of the money specified in such contract, or to be in any
way, manner or degree interested in such contract, excepting in
his official representative capacity. '
There are several pertinent points:
(1) The funds which pay the rent under your existing Lease Agreement
with the Colorado Department of Health are provided by the U. S.
Government. Therefore, no "state, county, city,town or school
district" funds are obligated to pay the rent. Therefore, there is no
violation of the statute. CCO
710537
Mr. Andrew Gartner
November 11, IS
Page Two
(2) If the as. Agreement is assigned by the Colorado Department
of Health to the Weld County Department of Health, there would be
no violation of the statute so long as the Weld County Department
of Health Is to pay the rental from U. S. Government funds.
(3) In the event the weld County Department of Health undertakes
to rent space from you end pays the rent from "state, county, city
town, school district" funds, then the payment of rent from any one
of those sources to you as a Board Member would be prohibited.
It is my opinion that so long as the rent paid to you by the Weld County Health
Department is paid from U. S. Government funds from an account which does
not intermingle funds with "state, county, city, town, school district" funds.
the rental contract with you is valid, and does not violate Colorado state laws.
Sincerely,
o)oxo
ames H. Shelton
IHS:mas
cc: 'veld County Department of Health
/Weld County Board of Commissioners
Mr. Samuel S. Telep
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