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RESOLUTION
WHEREAS, the Colorado State Department of Social Services,
in Civil Action No. 21492, in the District Court in and for the County
of Weld, State of Colorado, has filed an action against the Board of
County Commissioners, Weld County, Colorado, seeking:
1. Judicial enforcement of July 1, 1971 order of the State
Department of Social Services (copy of findings and
order attached for ready reference).
2. For temporary restraining order restraining defendant,
Weld County, from not complying with the order of
plaintiff (State Department of Social Services).
3. For a declaratory judgment interpreting state statutes
in question, and
WHEREAS, the statutory mill levy rate for welfare purposes in
Weld County is 3 mills of its real property valuation, and
WHEREAS, Weld County, for the calendar year 1971, did levy
for welfare purposes in Weld County a levy of 3 mills on all of the real
property in Weld County pursuant to 119-3-6, C. R. S. 1963, and
WHEREAS, funds derived from said 3 mill levy will be exhausted
by the end of July, 1971, and
WHEREAS, Weld County did not request authorization for a levy
in excess of the mill levy rate as set forth in 119-3-6(4), C. R. S. 1963,
and
WHEREAS, Weld County is of the opinion that it cannot legally
be ordered to exceed its statutory limit of 3 mills for welfare purposes
in the County, and that to do so will be illegal and in violation of the law,
and
WHEREAS, most of the counties in the State of Colorado are in
the same or similar circumstances as is Weld County with respect to
their welfare problems, and
WHEREAS, decision in the pending lawsuit against Weld County
will affect every county in the State of Colorado.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners, Weld County, Colorado, and it hereby respectfully
requests the State Association of County Commissioners direct its legal
counsel, J. Frederick Schneider, to enter his appearance as co-counsel
in support of defendant Weld County or to enter such appearance in
support of Weld County as amicus curiae.
The above and foregoing resolution was, on motion duly made and
seconded, adopted by the following vote on the 12th day of July, 1971.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Marshall H. Anderson
Cle f the Board V(� tc , Cf d {G,
p e uty Co. Clerk Harry S. As-Kley
A AS TO FORM:
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County Att orney Glenn K. Billings
710509
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