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HomeMy WebLinkAbout20163763.tiffORDINANCE NO. 251-B IN THE MATTER OF A SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2016 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 appropriations, in accordance with the above, need to be made in fiscal year 2016 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 2016 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 appropriations for fiscal year 2016 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 2016 Budget be, and hereby are, approved. BE IT FURTHER ORDAINED by the Board that an emergency exists which requires that Supplemental Appropriation Ordinance No. 251-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 miaht be declared to be unconstitutional or invalid. 2016-3763 Published: December 2, 2016, in the Greeley Tribune Read and Approved: December 14, 2016 Published: December 16, 2016, in the Greeley Tribune Effective: December 14, 2016 Affidavit of Publication NOTICE • ORDINANCE NO. 251-B IN THE MATTER OF A SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2016 BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS- SIONERS OF THE COUNTY OF WELD, STATE OF COLO- RADO: 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 an- other fund and/or transfer budgeted appropriated monies be- tween 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 gov- ernment's property tax mill levy, the governing board of the local government may authorize the expenditure of these unanticipat- ed or unassured funds by enacting a supplementary budget and appropriation, and WHEREAS, the Board of County Commissioners of Weld Coun- ty has been advised that supplemental appropriations, In accor- dance with the above, need to be made in fiscal year 2016 in various County funds, as more fully set forth in the Exhibits at- tached 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 2016 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 du- ly adopted by two-thirds of the vote of the goveming body; how- ever, Section 3 14(6) of the Weld County Home Rule Charter re- quires 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 Coun- ty Commissioners of the County of Weld, State of Colorado, that the supplemental appropriations far fiscal year 2016 in various County funds, as more fully set forth in the attached Exhibits, which were made necessary by an emergency caused by a con- tingency which could not have been reasonably foreseen at the lime of the adoption of the 2016 Budget be, and hereby are, ap- proved. BE IT FURTHER ORDAINED by the Board that an emergency exists which requires that Supplemental Appropriation Ordi- nance No. 251-B be, and hereby is, declared to be an emergen- cy ordinance under the provision of Section 3-14 of the Weld County Home Rule Charter. BE IT FURTHER ORDAINED by the Board, it any section, sub- section, paragraph. sentence. clause, or phrase of this Ordi- nance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining por- tions hereof. The Board of County Commissioners hereby de- clares that it would have enacted this Ordinance in each and ev- ery section, subsection, paragraph, sentence, clause. and phrase thereof irrespective of the fact that any one or more sec- tions, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. Published:December 2, 2016, in the Greeley Tribune Read and Approved:December 14, 2016 Published:December 16, 2016. in the Greeley Tribune Effective:December 14, 2016 The Tribune December 2, 16, 2016 STATE OF COLORADO County of Weld, I Kelly Ash of said County of Weld, being duly sworn, that I am an advertising clerk of THE GREELEY TRIBUNE, ss. say that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Second day of December A.D. 2016 and the last publication thereof: in the issue of said newspaper bearing the date of the Sixteenth day of December A.D. 2016 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; 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. December 2, 16, 2016 Total Charges: $52.50 16th day of December 2016 My Commission Expires 2/14/2019 JERILYN L. MARTINEZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20074006708 MY COMMISSION EXPRES FEBRUARY 14, 2019 Hello