HomeMy WebLinkAbout780483.tiff RESOLUTION
RE: ACCEPTANCE OF WELD COUNTY HOME RULE CHARTER AMENDMENT STUDY
COMMITTEE RECOMMENDATIONS FOR THE 1978 GENERAL ELECTION
BALLOT.
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 Weld County Home Rule Charter Amendment Study
Committee has concluded its study of the Weld County Home
Rule Charter, and
WHEREAS, said Committee has submitted certain proposed
changes to the Weld County Home Rule Charter for submission to
the voters at the November, 1978 General Election, and
WHEREAS, the Board of County Commissioners deems it advisable
and in the best interest of Weld County, Colorado to accept the
recommendations of the Weld County Home Rule Charter Amendment
Study Committee of certain proposed changes to the Weld County
Home Rule Charter for submission to the voters at the November,
1978 General Election, a copy of said proposed changes being more fully
set forth in "Exhibit A" , attached hereto and incorporated herein
by this reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the proposed changes re-
commended by the Weld County Home Rule Charter Amendment Study
Committee to the Weld County Home Rule Charter for submission to
the voters at the November, 1978 General Election, be and they
hereby are, accepted, as shown on Exhibit "A" , attached hereto.
The above and foregoing Resolution was, on motion duly made
f3CQv3
78O 483
dl '≥' <.
and seconded, was adopted by the following vote on the 31st day
of May, A.D. , 1978.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
S'
'Ill �^^v44A,ATTEST:
Weld County Clerk and Recorder
anthem lerk to the Bo
B \'
eputy County erk
VE AS TO FORM:
County Attorney
Date Presented: June 5, 1978
•
Itips "Exhibit A"
IP
Ili De
COLORADO
May 22, 1978
Mr. Ed Dunbar and
Members of the Board of County
Commissioners
915 10th Street
Greeley, Colorado 80631
Re: Proposed Amendments to the
Weld County Home Rule Charter
Dear Mr. Dunbar:
As Chairman of the Home Rule Charter Amendment Committee, I
would like to report to you that we concluded our study of
the Weld County Home Rule Charter at our May 17, 1978 meeting
and submit to you the following as proposed changes to the
Weld County Home Rule Charter for submission to the voters at
the November, 1978 General Election:
1. Article III, Board of County Commissioners , Section 3-4 ,
TERMS OF OFFICE. (page 6)
i3}-Ne-gersen-shall-serge-mere-than-twe-full-eenseentve
terms-as-eettnty-eemmissiener.
1A. Article XVI, General Provision, Section 16-8 , BOARDS --
COMPOSITION. (Page 65)
42}-Ne-gersen-shall-serve-mere-than-twe-eenseentve-terms
en-any-ene-appointive-Hearera€-eemmissien.
1B. Article XIII, County Council , Section 13-3 , TERMS OF OFFICE .
(page 43)
{3}-Ne-persen-shall-serve-mere-than-two-eenseextive-terms
as-a-eeaneilman.
2 . Article III, Board of County Commissioners , Section 3-8 ,
POWERS AND DUTIES, (4) (b) . (page 7)
(B) Enact legislation including such means of enforcement
thereof as shall be authorized by law, and otherwise
formally promulgate county policy. Unless otherwise
required by statute, the Board shall act only by
Mr. Ed Dunbar
May 22, 1978
Page two
ordinance in matters of legislation, eentraets,
appropriations, and disposition of real property,
and by ordinance, resolution or motions , as may
be appropriate, in other matters.
3 . Article
DEPARTMENT, e n Government, 4-2 ,
OF FINANCE, CENTRAL PURCHASING & PERSONNEL. (B)
(2) (f) (page 19)
(f) No employee shall, during working workingmhrs,engage i ehineany
yty,
political activity. Any-g ouy
exeept-an-eleeted-e£fieiai;-whe-seeks-a+eetien-te-a
part£sign-pnblie-e££iee;-shah-regaest-a-Ieave-e£-absenee,
witheet-paYT-immediately-after-anneuneement-ef-his
candidacy.
4. Article V, Department of Law, Section 5-3 , DUTIES (3) .
(page 29)
(3) The County Attorney shall , upon request of elective
county officers , issue formal written opinions on
questions of law, ( . ) whieh-shatl-be-maintained-by-the
eeanty-as-paelie-deeezments.
4A. Article V, Department of Law. Section 5-2 , QUALIFICATIONS.
(page 29)
The County Attorney shall be a resident of the County of
Weld and an attorney duly licensed by the State of Colorado
for at least five (5) years immediately prior to his appoint-
ment, and shall have been actively engaged in the practice
of law during such five years .
4B. Article V, Department of Law. Section 5-3 , DUTIES (5) .
(page 30)
(5) In the event of conflict between the Board and any
other county officer, such county officer shall be re-
presented by the-Weid-eeUnty-B}street-Attorney. (a
special counsel . )
5. Article XIII, County Council, Section 13-8, POWERS AND DUTIES
(Page 30)
Should the County Council be retained. (Yes , No )
Mr. Ed Dunbar
May 22, 1978
Page Three
6. Article XIV, Finance and Budget, Section 14-9, BIDDING
PROCEDURES (5) (page 55)
(5) All purchases of $2, 000 or more shall be by written,
sealed bids, ( . ) aad-bids-ever-$97-999-shall-be-€ellewed
by-a-ten-day-perled-fer-eensideraten-end- nvestigatlen
c4-the-bfds-submitted-te-determne-eempar#sens-ef
guaiity-and-pr#ee. The Commissioners shall accept the
bid they find to be most beneficial to the County.
Although we have concluded all of the work that we feel we were
commissioned to do, we will await the further word of the Board of
County Commissioners as to whether or not our committee should re-
main in existence or should adjourn sine _die.
Very trul yours,,..
i t t L E ii7`"L L
n E. Lacy
Chairman
on behalf on,; he Weld County
Home Rule Charter Amendment
Study Committee
AFFIDAVIT OF PUBLICATION
THE JOHNSTOWN BREEZE
STATE OF COLORADO )
ss.
COUNTY OF WELD )
I, Eugene Thomas, do solemnly swear
that I am publisher of The Johnstown
Breeze; that the same is a weekly
newspaper printed,in whole or in part,and
published in the County of Weld, State of
Colorado, and has a general circulation
therein; that said newspaper has been
published continuously and uninterrupted-
ly in said County of Weld for a period of
more than fifty-two consecutive weeks
prior to the first publication of the annexed
legal notice or advertisement; that said
newspaper has been admitted to the
United States mails as second-class matter
under the provisions of the Act of March 3,
1879,or any amendments thereof,and that
said newspaper is a weekly newspaper
duly qualified for publishing legal notices
and advertisements within the meaning of
the laws of the State of Colorado.
That the annexed legal notice or
advertisement was published in the
regular and entire issue of every number of
said weekly newspaper for the period of
...2.....consecutive insertions; and that the
first publication of said notice was in the
issue of said newspaper dated s,3$
A.D. 19 7? and that the last publication
of said notice was in the issue of said
newspaper dated 0 11 S A.D. 19 7g
In witness w/hereofI have hereunto set
my hand this.0 1h day of 6 cr
A.D. 19 7C‘
achn-
Publisher.
Subscribed and sworn to before me, a
Notary Public in and for the/�County of
Weld,State of Colorado,o this 61k• day
of...�.C�dai / k . 19...E
Notary/P12:
c.
My commission expires /a -4 -4//
•
::ounty CO 80534— Thursday,Oct.5,1978
Public Notices
for he current year, it m Section 13-4-Or Organization. matters as the Council deems lion and i t gi lion of 11 bids
submit they lion of n may
gamza ° pot r reports calved by the Boa d f County ques in advisable.Such report o Commissioners over r$2,000.
creased levy to the County Ili At its first meeting hall be inesuch form as the
Council,and the County Council January each year the Council Council shall determine and shallPara title apDh i51 of Section li-9 sle
hall examine the needs of the shall elect, from among its be filed with the Board of County article Xil' of the Home Rulof
e
County and ascertain from su h members.ar President. 'h0 shall n Smmissioners and copies fur. Charter for Weld County, Colo-
examination the financial condi- preside v is tin' and had to 11 elected officers. redo is amended l0 ready
tics hereof,sand if in the opinion of Vice-President,who shall preside
majority f the County Council in absence of the President. I71 For the purposes of i51 All purchases f 82.000 or
that the County s n need of assisting the Council in carrying a shall be by written.sealed
additional funds,the Council may (21 The Council shall do t out the duties set forth bids ..,,,i way hew-•2,"a^a`•-,,h.
groan) increased levy for the rides of procedure ggoverning the paragraph i6i above,the Council feneviad b)•a'a�•s flay 19.-roa'4s
County in such amount as it deems tme, place d conduct of is v appoint a performance
appropriate. and the County is meetings and hearings, arid the auditor who hall be sponsfble mart i_aa_, -4
authorized to make such in- introduction of and action n solely to the Council The Council __ _ _ _
eased levy However, such motions and resolutions. The shall determinehis qualifications The pCommisslonersie•hallAac 'yt
excesslevy shall be granted whch Council may aso adopt proced- and compensation He shall serve the bid they find to be most
will allowa greater revenue than sees for requiring attendance of at the pleasure of the Council The
would be produced by applying the its members.All official meetings office of performance auditor beneficial to the County.
previousyear mill levy to the shall be open to the public,and no need not be a permanent position.
current years assessed valuation. action shall be taken by the but the office may be filled by the ; An amendment clarifying
Council other than at an official Council as it deems necessary- Section 5-2 of Article V so as to
(b)In case the County Council meeting.A record o proceedings clearly require that the County
refuses or fails within fifteen(151 preserve Section 13-9—Nomination of Attorney he e S attorney Cduly
olorado
shall shall
taken and d,and licensed least the State of Colorado
days after submission to it of an ft hen be public record. Councilmen. for at five (5)adotbudget to grant such
years
levy,or all of it,or in the 131 Regular meetings shall be (11 Candidates for councilmen m dl t ly prior to his appoint-
increasednl increase beyond that held at least month) day hall be nominated without regard m n[.
which the council is authorized to days to be determined ab the to political party affiliation, by immediately
Section S-
Kant is sought,the question may Council by resolution. Special l petition on forms supplied by the 2 of Article V of the
l
be submitted to the qualified meetings may be called by the untyy clerk. A petition s of Home Rule Charter for W Weld
electors of the County at a general resident.A copy of the notic of a no n tics may c s t of use or County,Colorado,is amended[o
or special election called for that meeting shall be sted in more sheets,but it shallcontain
read:
pp
purpose. p u place in Lhe offices of the name and address of only oneSection 5-2 Qualifications
the Board of County Commission- candidate. The petition may
'
I c)Due notice of submission rs at the time such notice is given designate one or more ersons as The Count Attorney hall be
of the question of whether to grant to members of the Council. m flee to fill a vacancy fn y y the increase levy'shall be given by a such nomination. a resident of the County of Weld
the County Clerk for at least thirty Section 13-5—Quorum—Ma- ands ^1^^^ " y
t 301 days in advance of the date jority-.Action. (21 Nomination petitions may t."�`"`` `LICENSED AN ATTOR
set for the general secial be circulated and 'pried begin".gNEY DULY BY THE
election by giving public notice (1I Three of the members of m on the ninety-fifth day d STATE OF COLORADO for immediately
as provided'herein. a majority the Council in office at the time ending°n the forty-fifth day prior least to hisfive nds shall
of the votes cast at any such hall be a quorum for the to te day f election, Each ha r
election s i favor f the transaction of business,but in the petition hall be signed by nave been oat rely en gaged in the
led levy n named said absence of a quorum, a lesser qualified electors in the following practice flaw during such five
election notice,as
the County number may adjourn any meeting umbers: years.
may make suc increased levy. to a bsenate ot time
all other date,
n d in the the (al For a candidate the 5.An am dment deleting the
(d)In the event such increase absence
may adjourn any meet- council at large, t least two requirement that forma] written
shall be voted by the electors fns for not longer than one week. hundred (2001 qualified electors P ions o[the County Attorney
der the preceding i subsections, residing within the county; questions of law be maintained by
the increased eV resulting (2) Any resolution to be the County as public documents.
therefrom shall be included adopted,amend ,or repealed,or 1 1 Fora candidate from a
determining the five per cent(5 any other action of the Council geographic district t least two Paragraph 13) [section 5-3 of
per ant) limitation in the shall require concurrence of three nundred (200) qualified electors Article of the Home Rule
following year. of the members of the Council in residing in the candidate's tlis- Charter t for Weld County, Colo-
.
officeat the time. trio; rado,is amended to read
Paragraph(3)of Section 16-9 of f 31 The Count Attorney
PUBLIC NOTICE Article XVI f the Home Rule (3)All official action taken by (3) Each
shall elector
his upon request nf elective cshatl,
Charter for Weld County Colo- the Council shall be announced by s gning a petition officers, issue.for al written
NOTICE redo is repealed.The text Hof said the President or,i his absence signature his place of residence by i fond o limns w law,
pars¢aph as it presently exists is by the Vice-President, and all street and be', al route
° .na._�„3 Sues o
At he next general election to s follows: official communications of the and box number o other to- —�--''—d"'—'�
Council wheter l or written,
a y designation,except that a f'""•'•"Y""P"''i
shall
held on November 7 1978,there (3)Question referred to Coun- shall be made by the President,or ❑ost office box number hall be a.a
hall be submitted f the qualified ail: his absence,by the Vice-Press- psuftfcient.The circulator of each 6.Ana dmentdeleting the
stateelectors of the County of Weld, in
n motion petition shall make ae requirement[hat in the event of
State of Colorado for their In the event a question arises ffidavit that each signature filet between the Board of
pproval or re lotion the following as to possible conflict of interest Section 13-6—Compensation. thereon the signature of the County Commissioners nd y
amendments the Home Rule between any county officer,mem- person hose name it purports to other county officer,such county
Charter for Weld County, Colo- bar f an appointed board, or A Councilman shall receive no bet d that each signer has stated officer shall be represented by the
redo,to-wit: - employee,a d any enterprise or compensation for his services,but to the circulator that he is a Weld ConW District Attorney and
organizationndoing business with shall be reimbursed for actual and qualified elector of the countycase
or snob countyt g the requirement
be represented
abolishing l Coup Weld County,the question wil be necessary expenses incurred i county d district,as theco
tt County resented to the County Council e performance of his official a be,and
which the nomination by a t 00 5l counsel.
011 transferring its powers and for review,investigation,decision duties. is made.The signature of each
duties,and transferring its prop- and resolution.The dgm nt and signer of a petition shall constitute Paragra h(5)of Section 5-3 of
arty and records. decision of the cannotl shall be Section 13-7—Vacancies. prima facie evidence at his Art tale v of the sHorneent , Rule
Section 8.15 of Article III of the considered final and shall be made qualifications ithout the require- roCharter
rt Is amre Weld nded tCounty,
read' Colo-
considered matter of public record. shall be filled Home Rule Charter for Weld (1)A vacancy nt that each signer eke ra o
reanty'Colorado is amended to Paragraphs (11 and (12) f membappers of the nt by emaining affitlavit as et his shallflcations. betweenl[he Bo event ard and con[her
Section 18-10 of Article XVI of the Council.
(4)Na Petition shall be valid a any o
Section 8-15—Vacnclea. Home Rule Charter for Weld (2)Avacancy shall exist when that does not contain the requisite t1�officers,such countyy��ff__l��ce�r��
The text Colorado pre repealed, a Councilman dies, resigns, is number of names of electors stills.,,,, aentedby• _w.�wA
(1)A'vacnc in the office of y presently exist is agraphs s removed from office,moves from qualified f sign the petition.Any SPECIALCOUNSEL. -A.- A
Count Commissioner shill be the the district from which elected,is petition may be amended in
.filled i•--•�Yy ty incapacitated,recalled,or be- this respect at any time prior to 7 An amendment deleting
STATE A S PROVIDED BY Section 16.10—Definitions elected ofcandidate
ce o ale for
mptocounty
ee of flectfon days before the day oP requirement that y r on
the
(il) Council—The County the county, e e employed with Weld County,
Council. (5)An elector may 1 except n lected official, who
(2)A vacancy in ny,other than one nomination y sgn more s eke election to a fleas blic
lectee office,1,--P"P"^—•^- q (12)Councilman—A member Section 1A8—Powersand petition.petition
office, mu t reques, leave .-
sshall be filled by appointment by of the Council. Duties. (6)Each nomination the bsence,without
the ard.nom Sold appointee shall be The Council shall set the hall be filed with the Coutnth I after announcement nsofl his
of the same ppoolitical arty as that Article XIII of the Home Rulesalaries of all elected officials.In Clerk no later than the forty-fifth candid
acy.
of the previous officer and the Charter for Weld County, Colo- e case f the Board of Count day prior t°the day of tactics. Paragraph appointment shall be effective ratio is repealed and re-enacted to Commissioners,the effective date Every such petition shall have graph(B) 2)(f)of Section
81 the next general election,at read: f n endorsed thereon appended 4-2 of Article IV of the Home Rule
Colo-
which time a person hell be Any hangs lsalary may be thereto the written affidavit of the Charter for Weld County,elected for the remainder of the deMyedeso as f provide for eq 1 Candidate acceptingredo,IS amended to read
term,if any. ARTICLE XIII compensation for al commission- such no min-
term, at all times. lion.The acceptance of nomina- (f)No employee
Section 8-1 of Article VI of the COUNTY COUNCIL ABOLISHED limn shall contain the full e P ogee shall,during
Home Rule Charter for Weld (2)The Council many employ a d place of residence of attic v'°king hours, gage i y
County,Colorado is amended to Section 13-1--County Council secretary and such they em- candidate. Political activity. O^---il• I^^""^
read: Abolished ployees,permanent and tempo[-- v—Pig J?-"— � z,o���t
Section 81—Elective Officers. y,as it may require pursuant to (71 The ou t'y clerk shall e _
The County Council shall be the County Personnel System. cause all nomination petitions to `. -^-c...`���''f-'•, ' `
The Elective Officers of the bolfshed eftec five January 1, be preserved for a period of two - l -`
Count of Weld,Colorado,shall be 1979. (31 A vacancy in the Board of pears.All such petitions hall be "~a-•` P•,>ti"'"i•-s"'� "°°`as
five County Commissioners;Siva County Commissioners shall be open to public in pectlon under
"-^•-'� `^'ai"""''{""")s
Clerk,
a County Section 13-2—Transfer of filled by appointment by the proper regulation by the clerk. 8. An amendment repealing
Clerk who shall be'Clerk to the Duties Council.Said appointees shall be Paragraph (3) of Section 3-4 of
Board of County Commissioners; of the same Withal party as that Article[III which tai
one County Sheriff' one County All powers d duties of the of the previous officer, d the 1 b Procedure for withdrawal hibite a from serving y pro
Coroner;one County Treasurer; County Council shall as of January �intment shall be effective shall be as follows: person spore
and one County Assessor. The 1,1979 be formed as provided °alit the next genera]election,at than two full consecutive terms as
salary or compensation,term of by stale lower prov hich time a person shall be Any person who has been County ParaComgraph
(3 stoner.
office and qualifications of h elected for the minder of the nominated and who has accepted pare a h 3
officers shall be asterm,if any. nomination may cause his name gr p ()theof Section 3-4 lof
e
provided in this Section 13-3—Existing Prop to obe withdrawn from such Article III f Home Rule Charter, arty and Records. (4) In the event a v lid no nation,at ny time prior to Charter for of
County, Colo-
(8-3 of Article VI of the All property,records. quip- pettiition for recall presented as eighteen daysa seVote�lthtdiop��� paragdo rarpeh as lit presently The exof said
ists is
Home Rule Charter for Weld pent and supplies o he Counts Stied 'n Attic lePeX o, the written f s follows
County,Colorado is amended to Council.wherever located,o ncu may p d the officer from such nomination.The t[i-
read: January 1, 1979 hall be trans- being re a]Ied9 with pp y,pending davit stating withdrawal hall be (3) No p shall serve
farted to the Weld County Clerk the recall election.In the event the with.he clerkcandidate and filed a than two thll consecutive
Section 8-3—Vacancy. and Recorder. Council suspends such officer,the femme as County Commissioner.
Council may appoint some q ail• Y
Vacancies n elective offices The text f said Article as it Slad person[o perform the dutfee (91 Objections to nominations. 9 An amendment lin
Oept.County Commissioners aas presently exists is as follows' f the office pendfnp the recall All petitions of nomination which rep 16 of
C '3,'-'s. shall be filled election.In the event the officer is e n apparent fortuity with Para�[aph(21 of Section 18-8
r Article XVI which tai by the Board as provided by this ARTICLE XIII not recalled,he shall be Mimed-
prohibits provisions fathis section, presently
Charter. lately reinstatetl. determined by the clerk,are valid prohibits a person from serving
COUNTY COUNCIL (5) In the a nt n elected unless objection thereto Is duly ore thhna�o consecutive terms
Paragraph(4)of Section 6-5 of official formal) charged or de h writing within same
e I Gaye any appointive Board
Article VI of the Home Rule Section 13- m uo after thefiling maf de nnlme-Incase Commission.
1—Composition. crime, her the commission e a shall objection be
is made,notice hereof
Charter amendedr Weld County, Colo- crime,the Council t suspend d a forthwith m led in ed Paragraph theof Home IB-a of
le ado l)Except
t I read: The Coe me bens elected
shall h officer,with or without pay, candidate who may be affected Article XVI of S - Rule(4)l the
eCpt roner each
CountyIelintlii
consist of five members elected as fran,pending f prosecution of the found thereb die clerk lh 11 Charter fpr ledld County, Colo-
ffice11 b t each imary follows: ine .If a any cri d by.ar io to the validity ffo of all pass
redo is as it p The text of said
fly exits is
ee office fmpl shall be thoe primary (1) Three members, each guilty o[ ou ail shall court immediate- h ec sio form or substance,and as aph as ft presently exists is
y or gr
per m of the a el fed r sn mated,elected and istricts in l r,spe Council oi itou whether
ll decisions upon matters°f form s follows:
the term for which he is elected or spt sh geographic districts as 1 g suspend such officer without shall be final.His decisions u appointed. separate
fIhis pin Article III,Section pay until his conviction shall matters of substance shall be open 12) No person shall serve
axle VI (1)of Section 8-8 of 3-2 of[his Charter. become final and v he has ss x- t judicial review Said clerk stall more than two consecutive erms
Article VII of the Home Rule haunted, or by failure to assert decide objections. 'thin at least on any one appointive board or Charter for Weld County, Colo- (21 Two members, each them,has waived all rihts to new forty-eight hours after the ape Commission.
redo is amended to read: nominated and elected from the trial and all rights of appeal.At a
(1 Compensation of all elec. county at large. the time such officer's conviction sustained a may be nd r remedied ins 10. An amendment repealing
fed officers,pr^-ie L`^•--• ,y Is final,the office shall be vacant defect cured upon the i sor al Paragraph(3I of Section 13-3 of
(Y-Mil, hall be fixed ' ` Section 13-2-Qualifications of and the vacancy filled as herein petition,b Article XIII which
6'--•'-ty Co---'. AS PROVIDED Members. provided. to, r petitionbvyfilinnaKKmendmen prohibits a person frornresen
BY STATUTE' 'thin three days a new
such ore than two consecutiv serving
rms
(1)Councilmen from districts Should the officer be sus- objection is sustained,but'n no as a County Councilman.
Paragraph(1) Section 3.9 of shall reside within their - pended from office by the Council, ent later than the thirtieth day
Article III of the Home Rule graphic districts when nominated, s provided s this section, be before the day of election. Paragraph(31 of Section 13-3 of
Charter for Weld County Colo- elected orappointed and during found not guilty in a stateArticle XIII of the Home Rule
ratio is repealed.The text Hof said their terms ofoffice. federal court, either on appeals, 2.An amendment deleting the Charter for Weld County, Colo•
paragraph as it presently exists is original trial, or new rial, the requirement that the Board of redo is repealed.The text of said
as follows: (2)Councilmen shall not hold Council shall forthwith reinstate County Commissioners act only by paragraph as it presently exists is
o any other county elective office such officer and he shall receive ordinance
in matters of contracts. as follows:
Section 3.9—Compensation. and shall not be a county his back pay,unless,during such Paragraph(4)(b)of Section 3-8
employee. period of suspension,a successor of Article Ill of the Home Rule (31 No person shall serve
to such suspended officer has been Charter for Weld County, Colo- more than two consecutive terms
(1 Board shall be fixedf by te Section 13-3-Terms of Office duly successor to
m read:t the Boars shall be fixed the e elected and qualified.In the coda,is amended to r councilman.
County Council. sus-
(11 The terms of office of ended officer t a ehas been n so such
Ib I Enact legislation includ. as a coTHE BOARD OF COUNTY
Paragraph(2)of Section 14-7 of County Councilmen hall cop- and qualified,such s pended g such means f e forcement COMMISSIONERS
Article XIV of the Home Rule ence on the first working day of officer shall receive hisuback pay hereof as shall be authorized by WELD COUNTY,COLORADO
Charter for Weld Conty, Colo- the year immediately following only up to the expiration date f law, and otherwise formally
do is repealed.The text of said the general election al which they his regular term f office and he promulgate county ppolicy.Unless BY'MARY ANN FEUERSTEIN
paragraph as it presently exists is are elected and shall be for four shall not be reinstated or paid otherwise remdre{i by statute lit WELD COUNTY CLERK
as follows: years. further unless he is such person Board shall act only byordnance In AND RECORDER AND
Section 14-7—Limitation on An- (21 The term of office of duly elected and qualified, matters of legislation,...toe*, CLERK TO THE BOARD
nual Tax'Levy councilman shall continue untilreview rproperty,
and disposition of
f81 The f county shall real tion and by dance, BY.Rita JO Kummer,Deputy
his successor is elected and all n aspects such
government appropriate,
or motion,as may be
(2)Increased theshallmake Hoard be of he repots to tepeople relating to
by the,he amount of Lax limited l3) No person shall serve a penmtures fff ctency, pon- 3.An amendment deleting aa the PUBLISHED'October 5,1978
by the ppreceding section will be more tin two consecutive terms iwn ae, adherence to statutes, requirement that there be ten in the Johnstown Breeze
InsuHlcfent for the county needs as a councilman, laws and regulations, and other day walling period for considers• Co.Legal 78-216-Clerk to Board
AFFIDAVIT OF I
LONGMONT DAIL)
State of Colorado
County of Boulder ) ss
Dan H. Shrader , do
solemnly swear that the LONGMONT DAILY TIMES-CALL is a
daily newspaper printed, in whole or in part, and published 'n
the City of Longmont, County of Boulder, State of Colorado,
and which has general circulation therein and in parts of Boulder
and Weld Counties; that said newspaper has been continuously
and uninterruptedly published for a period of more than six months
next prior to the first publication of the annexed legal notice
of advertisement, that said newspaper has been admitted to the
United States mails as second-class matter under the provisions
of the Act of March 3, 1879, or any amendments thereof, and
that said newspaper is a daily newspaper duly qualified for publishing
legal notices and advertisements within the meaning of the laws
of the State of Colorado; that copies of each number of said
newspaper, in which said notice or advertisement was published,
were transmitted by mail or carrier to each of the subscribers
of said newspaper, according to the accustomed mode of business
in this office.
That the annexed legal notice or advertisement was published
in the regular and entire editions of said daily newspaper once each
week on the same day of each week for the period of one
consecutive insertions; and that the first publication of said notice
was in the issue of said newspaper dated October 2
19 78..., and that the last publication of said notice was in
the issue of said newspaper dated QGtQb?r 2 , 19 78
In witness whereof I have hereunto set my hand this 2nd
day of October ILLA19. .
Business Manager
Subscribed and sworn to before me this 2nd day of
Qctnbe.r 19...78
My Commission Expires
Notary Public
FEE $...).7.)...8.4...........
1-1300-02
•
and elected tram the County at large.
Sett. 13-3 — Qua111Ica110M of For a candidate from a geographic
Members. district, at least two hundred (3001
111 Councilmen from districts sit qualified electors residing In the can
-
reside within their geographic disrrinh did/he's district.
when no mated,elected or appointed (3)Each qualified elector signing a
q tMtr terms of office. petition shall add to s signature eta
and during
county
eciTtnen a II 1rtd shall
plate fre nd by scree and number,
Other county elective office and shall not rural route and box number or other
—... be ecunty employee. cuaemary deSignation.except that
NOTICE Section 13-3—Terms.Off. post office box number shell be insuffl.
Anne next general election to be help (O The termsof off ice of County Coum Lien The circulator of each nomination
minedember],1918,there shall be sub. <limen shall commence on the first work-' petition shall make an affidavit at each
M to the qualified electors of the day.the year immediately hollow nature thereon is the signature the
County of Weld,State of Colorado,for Ice ing the general election at which they are person whose name it purport+to be and
m approval or rejection the following laded and shall be for fur years.i. that each signer has stated to thefir•
amendments a to the Home Rule Charter (2)The term of office of a councilman culalor that he is a qualified elector of
for Weld County,Colorado,t gosh: shell continue until his Successor is the county or county and district,as the
1. An amendment concerning 'elected and qualified. cement.be,for which the nomination is
abolishing the Weld County Council, personth(3)No shall serve more an made.TM signature of each signer of a
transferring its powers and duties,and two consecutive terms as a councilman. petition shall constitute Prima facie
qualifications its property and records. Section 134—Organlzatlon. evidence of his qualificatis without the
Section 3.15 of Article III of the Home 11)At its firer meeting in January each requirement that each signer make an
1 Rule or Wee County,Colorado a Council shall elect,from among affidavltenfohiagUatificanions..
mended to read, its.members,a President,who shell Oh No petition shall be valid that does
is Section]93—Vacancies. preside over its meetings,aria a Vice nnot ames
the requisite number of
names(11 A vacancy in the office of County President,who shall preside in absence of electors qualified to sign the
Commissioner shall be flllediendeeNaF of the President. Petition. Any such petition may be
AS PROVIDED 131 The Council shall adopt rules ofmended In this respect at any time prior
BY STATE LAW. procedure governing the time,place end to flfrsen clays before the day of election.
<21 A vacancy in any other elected of- conduct of Its meetings and hearings, 151 An elector may sign more than one
I face, hshall be fill. and the Introduction of antl action on loo nomination petition.
Y appointment by cite Board.Said o,0' 'ions antl resolutions'.The Council may (6)Each nomination petition shall be
Point.shall be of the same political par- also adopt procedures for requiring 6l• filed with the County Clerk no later than
ty as that of t.previous officer aria the tenetince of its members.All Official the forty'ifM clot nPrior etititrshellyofelec-
appNnrmenf shall be effective until the meetings shall be open to the public,and Non.Every such petition shell have en-
next general lection,at which time a action shell be taken by the Council d°rsed thereon or appended thereto the
person shall be elected for the remainder other then at an official ethng.A written afflaavitofrhecoahcateaccep-
N the Sectiom,ifany. Cord of proceedings shall be taken and •tiog such nomlatcn.The acceptaname
Section 6.1 of Article VIN the Home preserved,and it shall be a public nomination shall contain the full name
Rule ended to
Mr Weld County,Colorado Corp. and place of residence k the shall
cavete.e
is amended to read: record.
Regular meetings shall be held at 12)The county clerk shall cause an
Section Elective
El...O of tits. least monthly on a day or days to be nomination riodof
petitions to be preserved for
The Elective Officers of the County of determined by the Council by resolution. anperiod of two years.All such petitions
Welo,Coloratlo,tall be five County Szc. msetings may ba calletl by the s a be open fo public inspeotIon under
Commis one Cou If_i La.oc resl ll copo N Ina nonce yo:
s pr cal requlafle for withdrawal
Clerk
one Board Clerk,who shall be meeting shall be s of the h In Gard of Coon. (ho Procedure for withdrawal Shall be
^Rioters;e to Me Board S County eommis On Commissionersat the NllcesN time
such Luce as fnyoper
one County Sheriff;one County tY the llme notice Any Peron who has been nOminafea•
Corny Assssounihsalayor;aneope Is Sacnle O toe—OgNMe—Moll. ande his limn'' eda nomrowtfrm
County term or.The a d qualifications or com0em 8MIon IJ-S—Quofum—Mslnity— se hit name f°be ny time pr or6to
of ofhall bed Action. aysibe,r e prior to
olisuntoff cars anal)be as provided in 11)Three of the members of the Coum Nn affidavit
tivit withdrawing
awing from
a such
thisCharter.6.3 for teHR<almenmesaNee but In the
affidavit Thetlrawlnp from such
Rule Section to no Article of of the Home absence
beeerof transaction of lesser
limber nomination. be affidavit stating
Ruleemended en d t for Weld County,Colorado edsea dl of a any
m et a to a later number m withdrawal shall with
al.Mtl by the Um
tional ream ormay te, d in the
re ot 'her dl 0)Objections
tiodwonohe mnatio.
IS Sectionbs i—ne.Whitney. rn dam.and in the absence may df all other (9).OOlacmin to n nominations.All petil
•
a offices.except emden president anonelo..any parent
are of nomination which are in.al,-
.
CuntyeCC lefts by the Beard meeting(21
uhf not longerthan week. pessn Ction,es de with the by thelfia of
Gerpevid d shall c filled r by the Beard e Any resolution to be other
this sec0n,es determined by the clerk,
as eras raph hu.section
Charter. dot h, r repealed,or any a con ur' v n unless it n three
after
araheHo Ida a le Chu FS of t Article r of the Council00shall require concur. made in ofHlos within case deer ton is
VI of the Home Rule Charter for : cranee lI three i an e me, of the thMa e,nonice tf hereof is all ebort with
s
County,Eseeloraaolsemendedl0read: COol tll ones at . mailed notice cendNie Who may forthwith
141 rorep,each 1^ -4 (31 All official action t by esa f cted bent Candidate WhOlnasbeal.
the Coroner,each eCoUhtSmployment
office shall be dent or,In
be announced by the Viee Merva Mea 09111 oble ti sits,whether o
.
the primary employm•M of the or dent de,.nit onnici by the nice for validity s of an e,and
Ills deMeon,
during Meterm l0r whichais elected or President,f and all wMclal oammurit- form or .Substance,nor,end b decision,
epPanteq, flans of l made
ade l y theherbra.or writ- deci meths of form shall f final.tce
Paragraph(I)oflecCihato of ArticleWeld ten,shall ma deoyteeresIden,.Or In shallbespenn ud6re of Substance
VI can the Home Rule Charter red Wald hlaabsen 02 by CempaePniofn. . be open a judicial nreview.Said
at
County,Colorado of amended to read: SA Co noliman smpen.eive clerk shall decig.hers after the
same at
Ill Compeosetion of all elected e? A Councilman h snail restive Shcob lac tantyeyobletlots sustained
eined Ore
flyers, ♦^ 1' shall reimburs Mr rhis actual
seal and but shall a led,and edY or defects ure upo May
be fixed1• C__1 g•lle•sl,AS PRO pence lhf fora re ale p necessary xf be remedied to, by cured.ends the
I era BY STATUTE. penSN IMufred in the performance of thereto,
petition, by an amendment
VIDEO
Paragraph(11 a Satin 3M of Article his off eonlonl duties. thereto,or by filing bheW petition within
III of the Home Rule Charter for Weld Secrin 1ST—Vocanclx. three days after such objection is sus.
County,Colored°is repealed.The text of 11)A vacancy sall a iillbe by ape tainh,but in no event later Menthe thlr
said paragraph as it pres•nrly exists la pointment by the remaining members of tieth tlay afore the day of election.
as the Council. 2.An amendment deleting the require-
Section Compxxtin. (3)A vacancy shall exist wan a Coon- men?that the Board of County Commits.
11)C of on members of the oilman dies,resigns,la removed from of !o rs act only by ordinance an matters
card shall beet•led by Me County Colin- lice,moves from the district from which of contracts.
elected,is Incapacitated,recalled,or Pefagreph(d)Ib1 of Section 3.0 of Ar
apes 12)of Rule
e'of Article becomes a candidate oh a county elected tee of the Home Rule Charter for
XIV of the Homo RUM Charter for Weld employee of the county. Weld.County,Colorado,Is amended to
County,Colorado is repealed.The text of off
13-S—P.O.and Dulls. read:
said paragraph as it presently exists is ill The Council shall set the salaries of091 Enact legislation Including such
as follows: all elected officials.In the case of the means of enfhrceetent tnerrf as shall be
Section let—Limitation on Annual Board of County Commissioners,the ei• authorized by law,ea otherwise former
Tax Levy festive date of any change in salary may 11 promulgate county policy. Pnixs
(2)Increased levy—precxure. be delayed so as to provide for equal otherwise required by statue,the Board
lac❑the Board he N fin opinion,the Compensation for all commissioners at shall act only by ordinance in matters of
amount miter by the preceding all times. leols.atbn, contracts, appropriations,
section of
de insufficient ear the county (2) T. Council may employ a and disposition of real property,and by
needs for the current year,it may submit s.retary and such other employers, ordinance,re/elution or motion,as may
the question of an dfhe levy to the permanent and tno the 000 as it may re• de appropriate,m other matters.
County Cuncil,and to County Council quire,pursuant to the County Personnel 3.An amendment deleeng the require
hall examine the needs of ys the County Stem. mast that Were be a ten day waiting
and ascertain such ezaeanon the A vacancy!nine Board of County Com. Perin for consideration and Invest/ea.
financial if condition thereof,and in the mission.,shall be filled by appointment non of all bids received by the Board of
opinion of a°vet?isN the County Loom by ilia Council.Said appointees she..be County Caph 101 onersover S2,000.
ell that the County is in need of additional of the same political party as that of the Paragraph(51 of Section heat Article
tunas,n.Council may grant anm<reas previous officer,and the appointment XIV of the Home Rule Charter for Wee
ed levy for the County in such amount es shall be effoflye unitl the next general County,Colorado is amended to reed:
it dhms appropriate,and Me County is election,at which time person shell be (51 A.l purchases Of 53,000 or more
authorized to make such increased levy. elected for the remainder of the term,If shall a by written,sealed bids.*
However,no such exce.levy shall be nY
fired which will allow a greater a(d)-in the event a valid petition for ' 1
revenue than would be produced by dpi rec.is presentee as pr:hided in u.Article M ,.A be-J.I k'.'• I•
plying the previous year mill levy to me XV,the Council may suspend the officer "1 J 1.,,.The
current years assessed valuation. being recalled,with pay,penny the Commissioners shall accept the bid they
031 in case the County Council refuses recall election.In the event the Cuncil fit..bamost beneficial to the Counr
or fail
s within fifteen 115)days after sub- suspends such officer,the Council may d.An clarifyingendment clarifying Section 5.2
mission to N of an adopted budget to appoint some qualilled person to per- of Article V o as to clearly require that
grant...creased levy,or all of It,or form the duties of the NIalO pending the the County Attorney be an attorney duly
In the se beyond that recall elect..In the event the officer is licensed by the State of immediately
p for at
which the he question
increase
authorized grant not recalled,ha shall be immediately least five appointment.
years immediately Prior to
sought,the question may be subminab reinstated. his appontment.
is the qualified electors of the County at (51 in Me event an elected official is Section 5.2 of Article V of the Home
a general or special elect,.called for formally Lharoed o indicted for the Rule Charter for Wen County,Colorado,
that purpose. commissionil a crime,-the Council may is amended to read: f
101 Due noun of submission of the spend such off!«r,with or without The Coca ty Qualnnyahns
question of whether a grant the increase pay,plain prosecution of the offense. The Counry Attorney shall he a rest
levy shall be given by the County Clerk if en elected officer is found guilty of any dent of the eonry of Weld and C Oo'
least thirty(30)days in advance°( crime by court or jury,the Council 41 ATTORNEY
SA 'Be'the the date set for me general or special. .all Immediately suspend such officer n o ev r ATTORNEY DULY LICENS-
-election by giving,.p lorlhy.ce as pro- ED BY THE STATE OF COLORADO for
vided herein.If a malority of the votes become final anon his
exhausted,or by et feast rive(5)years ImmeClaely prior
cast at a such section Is in favor of the failure to assert them,has waived all to his appointment,antl shall have been
Increased levy as named In said die<tion rig./fo new trial as a!1 rights of 00' actively engaged in the practice of law
notice,then the County may make such Peal.At the time such officer's cone. darn.Such five Yxra.
Increased levy. non.s final,the office shall be vacant 5.An amendment deleting the require-
(0)In the event such increase shell be and Me vacancy filled as herein prove. mast that banal written opinions of the from se.vine loo,:, ,
voted by the electors under the preceding ed. County AttorneyOp on questions of law be -- one
subsections, the Increased revenue Should the officer be suspended from maintained by the County as public Commission.
resulting therefrom shall be Included n office by the Council,as provided In this documents. Paragraph 131 of Sect,,'lea)..Article
determining the five per cent IS percent) fachn,be fund not guilty in state or Paragraph(31.of Section 5.3 of Article XV ol the Home Rule C...for Weld
limitation in the following year. federal court,either on appeal,shah to,- V of the Home Rule Charter for Weld County,Colorado is repealed.The text.
9 aph IT,of Sactio Charter
of Article trial,or new trial,to Council ear. COUnty,Colorado,Is amended.read: bald paragraph as It presently exist ts
XVION the Home Rule Charter for Wee ihwith reinstate Such Officer and he shall (31 TM County Attorney nnice upon re as 21 No.
County,Colorado is repeal..The text of receive his back pay,aunless,during such quest of elective county offices,issue w 12).No person shall serve more than
said paragraph as it presently exits is period N Suspension,a success..such formal written opinions on questions of two consecutive tarma.on ally One o,0'
as follows: suspended officer has been duly elected ies _ _\ `L," poinhveb.rdor COMmixtOn.
(31 Question referred to Council: and qualified.In the event a successor to 1 .J' '- 10. An amendment'repearin0
in the event a question arises as to such suspended officer has been so 6.An amendment deleting the require. Paragrsph(31 of Section 13b3 of Article
possible confn,m of interest hetween any elected and qualified,such suspended.- menu that in the even,.conflictissio between XIII which presently p,Ohlble a per..
county officer,member of an appointed Neer shah receive his back pay only up to the Boerr of County Commissioners and from serving inoretnan lima cOnSertr.e
board,or employee,and any enterprise the expiration date of hiserular term of any other county officer.Such County Of- terms es appa•Counly COeutlge c,
or nation doing business win Weld office and ha shall not be reinstated or nicer shall be represented by the Weld, Paragraph(31 of Sletlen 13Jpf Article
County,'the qunrlon will be presented to pan further unless he Is such person duly County D lstr.I ct Attorney and XIII of tColoree.Rue Chart.for Weld
the County Council for review,nvesti0e elected and quail,led. substituting that requirement that such County,Colored IS repeat..The text of
non tldHion and resolution.The iudg. 16) The Council shall review all county Officer be represented by a said paragraph as it presently exists is men a
and decision oft.council shall aspects of county government and shall apPcse.. • as follows:
C al nsidered fin and shall be made a make such periodic reports to the people Paragraph(51 Of Sectors 5.3 of Article 13)No person shall serve more than
matter of public record relating to expenditures, efficiency, V of the Home Rule Charter for Weld two consecutive terms as a councilman.
Paragraph 1111 and 1121 of Section ie n regulations,
ens,adherence to statutes, County,Colorado,a amended to read: THE BOARD OF COUNTY
of m a 10 of Article XVC the Hor
ne Rhe laws and regulations,and Other matters (5)in the event of conflict between such
COMMISSIONERS
Charter for Weld County,Colorado are as the Council deems advisable.Such Boarp andany other be represented
officer,such WELD COUNTY,COLORADO
pealed The text of said paragraphsas report or reports shall be in such form as county officer shall be represent- A BY'.MARYANNFEUERSTEIN
aey presently exist is as follows. the Council shah determine and shell be Me 0.1.16 Ca_!,L. WELD COUNTY CLERK AND
they
16-10—Definitions flied with the Bard of County Commis- SPECIAL COUNSEL. .e- RECORDER AND CLERK
1111 Council—The County Council. alone.and copies furnished to all t.An amendment deleting the require. TO THE BOARD
11211 Councilman—A member of the electedous. m It that'any person employed With BY:RI TAJO KUMMER,
Council. (tl For the purposes of assisting the Weld County,except en elected official, DEPUTY
Article XIII of the Home Rule Charter Council in carrying our the duties set who seeks election to a partisan public DATED: ar25,197S
for Weld Counry,Colorado is repealed forth In paragraph(6)above,the Council office,must request a leave of absence, Published in in the theDeilyTimes-Call,LOng-
andre.enacfeatoreaa: may appoint a performance auditor who without pay, immediately)alter an fir,Colo.,°cheer 2,We.
ARTICLE XIII shall be responsible solely to the Council. hint ofnts e cendacy.
I
COUNTYCOUNCILABOLISHED The Council shall determine his Artareoraph(BI 12)If)of Section e2 of
Section 13 1 — County Council qualifications and compensetion. He Article IV Of the Home Rule Charter for
Abolished Shall serve attne pleasure of the COVncli. Weld County,Colorado,Is emended to
ThefV councii stealn be abolished The office of performance auditor need re
effective January 1,1,h . not be a permanent pOsiNan,but the of- 01 No employee shall,during working
Section 13.2Transfer of DI. flee maybe Niles by the Council as it hours,engage In any WNW....
•All powers and duties of the County clsem x snec eery. ! ,p
Council shall as of January 1,19]9,be Section 13-9 — Nomination of •_ S. J ir-wiw-seeps
performed al:prOPPdetl by stare law. Councilmen. ♦ ' _ '•t X
Section 13-3—Existing Property and 111 Candidates.,councilmen shall be \.Y
RAofds. area without regard to political •"P, "
All property,records,equipment and nominated
affiliation,by petition on forms esienher.
polies of the County Council,wherever supplied by Me county clerk.A petition B. An amendment repealing
ce..,an January 1,Iwo shah be ofnomination may consist of one or more Paragraph(3)of Section 3.5 of Article ill
transferrotlto Me Wed County Clerk and sheets,but it shall contain the name and which presently prohibits a person from
Recorder. address of only one candidate.The pet.• serving more than two lull consecutive
The..of said Article as it presently ex- may designate one or more perons ermsas Counry Commissioner.
Hello