HomeMy WebLinkAbout950900 V
FINAL READING
ORDINANCE NO. 57
IN THE MATTER OF THE REPEAL AND RE-ENACTMENT WITH AMENDMENTS
OF ORDINANCE NO. 10 , FEES FOR SERVICES PERFORMED BY THE WELD
COUNTY SHERIFF.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO:
o
WHEREAS, Ordinance No . 10 , promulgated pursuant to Sec-
tion 30- 1-104 , CRS 1973 , as amended, providing for Fees for
F,
Service of Civil Process by the Weld County Sheriff, was
o previously passed and adopted on the 15th day of June , 1977 ,
and ;
WHEREAS , Section 30-1- 104 , CRS 1973, as amended, was
6.
further amended after the passage and adoption of Ordinance
No. 10 to increase the maximum allowable fee for service by
county sheriffs , and;
WHEREAS, the actual expenses for service of civil pro-
cess by the Weld County Sheriff are , in most cases , equal to
or greater than the maximum fee for service of civil process
allowed by Section 30-1-104 , CRS 1973 , as amended;
WHEREAS, certain fees permitted by Section 30-1-104 ,
CRS 1973 , as amended, to be collected for services performed
by the Weld County Sheriff are not currently fixed by
Ordinance .
NOW, THEREFORE , BE IT ORDAINED by the Board of County
Commissioners of Weld County, Colorado that Ordinance No . 10
previously enacted be , and hereby is , repealed and re-
enacted with amendments as follows :
Section I . FEES OF SHERIFF
Pursuant to Section 30-1-104 , CRS 1973 (1977 Replace-
ment Vol . and 1978 Cumulative Sup . ) , fees collected by the
Weld County Sheriff shall be as follows :
(a) For serving and returning summons or other writ
of process not specified in this section, and not
specified by State Statute , with or without com-
plaint attached, on each party served, SEVEN AND
50/100 DOLLARS ($ 7 . 50) ;
,OO\f-. 886 �{6 OO 9 1979
Recorded of ..C �o.,',clock 0CTm.2 .
950900 160'76'7'7 in2712 --Ittr a ..
Rec. No. U
i
State of C. lo, Weld County Clerk Cr Recorder
o°4- 180 7677
886 S
(b) For making a return on a Summons not served, for
each party not exceeding ten, ONE DOLLAR ($1 . 00)
for each party in the excess of ten not served,
FIFTY CENTS (50¢) ;
(c) For serving and returning each subpoena on each
witness , SEVEN AND 50/100 DOLLARS ($7 . 50) ;
(d) For making return on a subpoena not served, ONE
DOLLAR ($1 . 00) ;
(e) For serving each juror , ONE DOLLAR ($1 . 00) ;
(f) For serving and returning writ of attachment or
replevin, on each party, SEVEN AND 50/100 DOLLARS
($ 7 . 50) ;
(g) For serving garnishees summons on each party ,
SEVEN AND 50/100 DOLLARS ($7 . 50) ;
(h) In making demand for payment on executions when
payment is not made , ONE DOLLAR ($1 .00) ;
(i) For levying execution or writ of attachment ,
besides actual custodial and transportation costs
necessarily incurred, SEVEN AND 50/100 DOLLARS
($7 . 50) ;
(j) For levying writ of replevin, besides actual
custodial and transportation costs necessarily
incurred, TEN DOLLARS ($10 . 00) ;
(k) For making and filing for record or certificate of
levy on attachment or other cases , SEVEN AND
50/100 DOLLARS ($7 . 50) ;
(1) For serving writ with aid of posse comitatus with
actual expenses necessarily incurred in executing
said writ , FIFTEEN DOLLARS ($15 . 00) ;
(m) For attending before any judge , court not being in
session, with prisoners with writ of habeus corpus
for each day of twelve hours or fraction thereof ,
TWELVE DOLLARS ($12 . 00) ;
(n) For attending courts of record when in session,
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c0 886 1807677
S 3
per diem of twelve hours or fraction thereof,
TWELVE DOLLARS ($12 . 00) ; but the attendance upon
the County Court shall be certified by the judge
of said Court at the close of each month;
(o) For advertising property for sale , besides the
actual cost of advertising , actual expenses , but
not more than SEVEN AND 50/100 DOLLARS ($ 7 . 50) ;
(p) For making certificates of sale previous to exe-
cution of deed, or on sales of personal property ,
SEVEN AND 50/100 DOLLARS ($7 . 50) ;
(q) For executing and acknowledging deed of sale of
real estate , TEN DOLLARS ($10 . 00) ;
(r) For taking, approving , and returning bond in any
case , TWO AND 50/100 DOLLARS ($2 . 50) ;
(s) For transporting insane or other prisoners when
the Court , in its discretion, orders that a pri-
soner be transported to a Court other than the one
in which he would normally appear , besides the
actual expenses necessarily incurred, a mileage
allowance of not less than TWELVE CENTS (12¢) nor
more than the maximum allowance provided for State
officers and employees under Section 24-9-104 , CRS
1973 , as determined by resolution of this Board,
except that such mileage shall be only by one
officer and no mileage shall be charged upon the
guards attending the officer having custody of the
prisoner ;
(t) For services in sales of real estate on an execu-
tion or decree , order of court, or other court
process , besides actual expenses , TEN DOLLARS
($10 . 00) ;
(u) For money collected by sale of personal property,
on all sums bid under $500 . 00, TWO AND ONE-HALF
PERCENT (21/2%) ; on all sums bid over $500 . 00 and
under $1 , 000 . 00 , TWO PERCENT (2%) ; on all sums bid
-3-
O SSG 15 ~77
over $1 ,000 . 00 , ONE AND ONE-HALF PERCENT (11/2%) ,
but no fee shall be charged for an auctioneer or
other person for making sales on personal property;
and in no case shall such commission exceed the
sum of FIFTY DOLLARS ($ 50 . 00) ;
(v) For service and returning writ of ne exeat or body
attachment , FIVE DOLLARS ($5 . 00) ;
(w) For serving copy of execution when making levy on
shares of stock under execution, on each party
served, SEVEN AND 50/100 DOLLARS ($7 . 50) ;
(x) For making certificates of levy on shares , or
otherwise , SEVEN AND 50/100 DOLLARS ($7 . 50) ;
(y) For making return on execution, SEVEN AND 50/100
DOLLARS ($7 . 50) .
Section II . ACTUAL EXPENSES
As used in Section I , "actual expenses" means those
personnel and processing costs incurred in typing , pro-
cessing, filing , and serving said process papers but does
not include mileage .
Section III . MILEAGE
The fees stated in Section I of this Ordinance do not
include mileage . Mileage shall be charged for each mile
actually and necessarily traveled in serving each writ ,
subpoena, or other process , at a rate of not less than
Twelve Cents (12() per mile nor more than the maximum mileage
allowance provided for State officers and employees under
Section 24-9-104 , CRS 1973 , as amended, as determined by
resolution of this Board; except that actual and not con-
structive mileage shall be allowed in all cases ; and, where
more than one warrant is served by any officer on one trip ,
the actual mileage only shall be allowed such officer , and
the actual mileage shall be apportioned among the several
warrants served on the trip .
Section IV. EFFECTIVE DATE
This Ordinance shall take effect November 1 , 1979 .
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886 1807677
s- s
Section V. VALIDITY OF ORDINANCE
If any section, subsection, paragraph, sentence , clause
or phrase of this Ordinance is , for any reasons , held or
decided to be invalid or unconstitutional , such decisions
shall not affect the validity of the remaining portions .
The Board of County Commissioners of Weld County , Colorado ,
hereby declare that it would have passed this Ordinance and
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 might be declared to be unconstitutional
or invalid.
The above and foregoing Ordinance No . 57 was , on
motion duly made and seconded, adopted by the following vote
on the 29th day of October , A.D. , 1979 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, att.,
COLORADO
-
Norman Carlson, Chairman
1
Y Dun ar ..
g://. It tit
C . W. Kirby
Leonard L. Roe .
. June K. Steiiimark
l
XTIEST :
Weld Coup" iy' Clerk and Recorder
and' k'. to the Board/ ,
By • ii tir Pr ( �j ., -
�1e, uty County Clerk
APP ,�/O ED AS TO FORM:
County Attorney
DATE PRESENTED: OCTOBER 29 , 1979
PUBLISHED: November 1, 1979 in the Platteville Herald
-5-
SINAI Affidavit o f Publication IN """I*II At ifl
w:t7
OellTee.
REPEAL ,rN}ibc
WITH A TIE.
MA ME-, �
STATE OF COLORADO, 1, MI
ss.
County of Weld, 1 T om-
CO
// ;ewekt.ner H,..
said County of Weld, being duly sworn, say that MEL • ~ tide
1 am publisher of PbMilblg Er Pen ter
(5y'� �ue
that the same is a weekly newspaper of general
circulation //aaRJ dd printed and published in the
town of -(— /n ' ce4e..'----' i 3i, ) 1
in said county and state: that the notice or adverir
-
tisement, of which the annexed is a true copy, LEADER-HE Palhas been published in said weekly newspaper LEADER-HERALD NOV ill"
for / consecutive Civil Process by,the Weld County
Sheriff,was Previ0Rst tillalYalnd
weeks: that the nonce was published in the Y MOUE
adopiee ee take Amer.CR ,,..t.., ° 7�_
regular and entire issue of every number of said 19 7 meant • - ' '^ "'T - Be newspaper during the period and time cf publi1470, as in—' ellp5peRYT
•
cation of said notice and in the newspaper amondey sid tole
proper and not in a supplement thereof. that the a4MNsintrust ' �' m
first publication of said notice was contained in -lee for '""s` "Wh?ti ,;y Sir
the issue of said newspaper bearing date. the � �� ,�da1d� Wriry'gj.'
// `WNERRiiitit S''a<Wal ax ,. Iry de reef
C -. day 0( 07!/7,! /79 10710'V OOM civil. by
*e �p dA! fir , Of'COn.
G"f�1, A D., 19 Welty Coun�ty e ' -actual ex reds,
and the last Sby gt ore, mina end St SARas' siesexpenses,
pr b bearing t erect, in e issue o; <atba,end*by WlatM'}non,1M TM BRLLARS(SKIM;
said newspaper date, the day of
maximum
Mater service W.civil OM W glMeY Celle<fed by Wle
Owed by Section.30.1-109, Ito Plo il►1 Prolterty, in l sums
CRS HR as am f300.00, TWO. AND
72‘17-46-O2,1-Let 19"7�! that the said eMee; .bid fie'=r-
WHEREAS,Certain fees permit.
lst/i/Gf�x-GGt /�r:2cC� tee by section 30-1-104,OS 1x77,asONE' HASS •PERCENT (2Vt%);
-r �.�/ amended, to be collected for I on alt sums bid over $500.00 and
-. _._.._-r,Jyrrva-e ZeaR,<eat}_ services POrtamed by the. Weld I 5UR.ee. TOW PERCENT
has been published continuously and uninterru 6 Coun by.y
Sheriff are not Nrrenhy + 5Nkl; Mall -sums bid ever
P fixed- by prdinent0. SI,0W.00,.0pE AND ONE•7sALF
dilly during the period of at least fifty-two con- NOW' .THEREFORE, SE IT PERCENT 01a%) no fee Mall
seculrve weeks next prior to the first issue thereof OROAINE'O by t4 Weld of County i be charted for an auntieneer or
Commtssiongrs 0 of County, other Potato for making sa n on
containing said notice or advertisement above caw". that Ordinance N0, l0 personatgrinerty:and in RO Case
referred to; and that said newspaper was at the s,rep aged a red r e, act d with trial( such ialmmislial S(S5O. Rte
s, repealed and reenacted rebY sum of etcoe DOLLARS Iturnin;
time of each of the publications of said notice, amendments as follows: Ivt Per'0srvfee and returning
duly qualified for that purpose within the mean Section L FEES OF SHERIFF writ of Mr eeeat or body attach-
duly of an act, entitled, An Act Concerning Legal Pursuant to Section I menp_FtbE DOLLARS (execu:
SOhim,c (wl .ii�rwne copy of ex es of Notices, Advertisements and Publications, and 1478
(1977 Replacement Vol. and when '—^"'y 1478 Cumulative Sup),fees collet- stick 1WY on story ise
the Fees of Printers and Publishers thereof, and fee by the Weld County '. SEVENm ee,audl
be-as follows: Sheriff shall Party synod.3f.VEN-AND( MO to Repeal all Acts and Parts of Acts in Conflict - DOLLAESAST.So);
(a) For servingwand returning lel ea miming'.or oticatess al
with the Provisions of this Act" approved April 7, summons-or other writ of process levy Ow=-yards, Or 1921, and all amendments thereof, and particu- not specified in this section.and not SEVEN` 'otherwise,
u'
specified by State Statute,with or ($7.50);. S0�100 DOLLARS
larly as amended by an act approved, March 30, without complaint 'P attached,NAND S ec For making return on
1923,-and an act approved Ma y 18, 1931. each party served,SEVEN 5y execution,'. EVEN AND S0/100
100 DOLLARS 157.501; 'DOLLARS-30.301.
(bl For making a return on a Section R ACTUAL EXPENSES
Summons not served, for each As used 'in Section I. "actual
party..not exceeding fen, ONE expenses"`means those personnel
ublisher DOLLAR(S1.001 for each party in and processing costs incurred in
ll �� the excess of ten not served,FIFTY typing, processing, filing, and
CENTS (50�); serving said process papers bet
Subscribed and sworn to before me this
,f lc; For serving and returning t does not include mileage.
day of 4,•i�< 7!'�ly/,/ /Jp A.D., 19-! 7 each subpoena.on each witness, Section III. MILEAGE
SEVEN AND 50/100 DOLLARS The feel stated in Section:I of this
r / ^ 157.50); Ordinance do not include mileage.
,2r�{e. / (�" For. tmaking return a mile a ctuall be and
for each
-(L.d - ,+;- LARsubpoena( 1not served, ONE DOL.- mile traveled -in Y vin eachssaril.
L le Fo Oser uben ,fn ierother each writ.
/� 7_ eel For serving each juror;ONE subpoena,pr process, at-a
My commission expires z_ DOLLAR (st.004 i rate of er,miss then Twelve Cents
Notary Public III Fr serving and returning 1170) por,mileq nor more than the
writ el attachment or rintlevrn,on maximumr, Stale alidwanse pro-
each party, SE7.54); AND 30/tot aided tor:( Slate of ficers and
DOLLARS 137.301; employ73 tad r Section 14.9ef r.
Igl Far serving garnishees sum- CRS 1473;as amondod;':as,deter•
mons on each party, SEVEN AND MimW by teletution of ibis hoard;
SO(hI OLLARSi51.SOL - excepitea,e-'shalandnalcunsfruc-
Ih) to making .'demand for eve s;.addle had be altered in ail
payment on executions when pay. easel; ailAn �re more than one
Mont is net.road!. ONE DOLLAR warranliCrMicr ay any Miter or
151.00); one trip.RIPJptual mileage only
(t) For levying execution or writ shall be altowod such officer, and 'of attachment, besides actual the actual mileage shall be armor-
custodial and transportation casts Ironed among the several warrants
necessarily incurred,SEVEN AND servsgon the tro_-
S0/100 DOLLARS ($7.50); -
5r1 For levying Writ of-replevin, The
IV. EFFECTIVE DATE
besides Ii) C ak
besie costs tlefaedsal and trans /q he shall take effect
por TEN DO Lnetesssrlty incur
record ttEN r^4�Aa iffy,._ ,DINANCB omen 4F DR{
rttnt re� t her Sects"a bort para.
or ce
AND 501100 Dp[LAR f s OI a ebf phrase a
fN For se rub laarfh with ate et Ren ^,klvaa hns.o unconstitutional,
orn decionato or uch
ses Fosse cornflakes W M,Iei hall not affec
LA recess necessarily mooed
'nebrred oh "e a1 Validity of the rlemaining por othe
ns.
ling said FIFTEEN
Board o/ County Commission.
ledge; For attending beforeany ers.. of ecld. County,o Colin-ado,ve
(m)
court I hereby declare that with court
being in session, passed this ieac have
with writ of haheus ever ion, s neg and p a a-
corpus for each day of twelsve h sectinc,
e and phrase
or fraction e V graph,rrespecti a of the
eOfa part
DOLLARS ($1.00): TWELVE any o e or more osections' that For attending sec one more record when in session.
courts of clauses, sections,'See
twelve hours e^•per diem of clauses, paragraphs. sentences,
or fraction thereof, declared tar phrases uionl or
TWELVE DOLLARS
the ($12.00); but invalid.
� unconstitutional or
attendance upon the County The above
Court shall he certified by the nance No. 57
tuege of said Court at the and foregoing Ordi
hang month; close of made and seconded,
an apted
fo1 For following tletl a 29th 9 by the
sale, besides the advertising Proper/ for October. A.D.,., on Me day of
actual T 19Y9.:
advertising actual cost of
notmorethan expenses, but BOARD OF COUNT
SEVEN AND S0�100
UNTY
DOLLARSpi For (D.50): BOARD OF CO
sale previous
certificates of COMMISSIONERS
P evious to execution of deed, WELD COUNTY,COMMISSIONERS on sales of PersonalNorman COLORADO
(SfE30J AND 501100 DOLLARS Carlsir Dunbar
(a) For executing and acknow. C.W.Kirby
'edging deed of sale oseal estate, ATTEST: Mary June Feuerstei nard L.�«DOLLARS Ann F
Ir) For Weld COunty euarsftln
returing bond taking, approving, and and Recorder
Clerk
5Wloo DOLLARS
case, TWO and Clerkto the Board
f AND For (Ole): BY: Jeannette Ordway -
tr i other prissoones transporting he the „ in APPROVED AS TO F
• discretion, orders
P er
transported `Themes tO.t David FORM:
other Man theto a Court County RESEN
weld normally one r,besides/he 29,which he ,1979 TE PRESENTED: OCTOIER
actual ex ipPNr,
expenses
allowance of not less Herald,La Salle to Neuter
aeile mileage
Man TWELVE CENTS La L November
f 12S1 nor 4 199f.
) 4.
z p �.a
LD 18, NS r 18
Affidavit of Publication two r its d
_ , Hafa2aMR.
-
STATE OF COLORADO, 1 UAW) '
ss. OIWIIRIIEMIY
County of Weld, 1 et net RNllg Y fN11pL
NcbYtaallIti
I. rct_ CL.LL.Q ) 'e of - S(ftt TRNfiL E
/ tit Per attending courts of
said County of Weld, being duly sworn, say that when in session,per Mans Of
I am pephsher of // khan
or e S ($12 WSW,
i Tll, t7 Y-yL 2 to i.e.: Ulf 111.14_. re E DOLLARS(0;N ut
L1Cc.:1khe:'le �!/-Citali _-- iCwMs�tt shall be certified by me
that the same is a weekly newspaper of general 1MR RtII'A�r ith Court of 41a close ill
said
cimulationnd printed and published in the Win'advertising property for
i salt, insides the actual cwt of
town of ' ) ...41a Act' ZFLf lfo eraing actual expenses, bbl
tut n
in said county and state; that the notice or adver- DOLLARS than SEVEN AND$0,100
($)k01;
casement, of which the annexed is a true copy, tit Idler making certificates of
saki poiout to
execution Of deed,
has been published in said weekly newspaper l .
M Merles of personal property,
-. SEVEN AND 501100 DOLLARS
for consecutive
weeks. that the notice was published in the ��1}�Y��=„,Or executing and acknow-
'ssmg'deed of sale of real estate,
regular and entire issue of every number of said TIN DOLLARS ($10.00);
newspaper during the period and time of publi- (r) For taking, approving, and
cation of said notice and in the newspaper returns bond In any case,' TWO
AND*100 DOLLARS ($2.50);
proper and not in a supplement thereof; that the lit .Per transporting insane or.
first publication of said notice was contained in etltel prisoners when the Court, in
its discretion, orders that a
the issue of said newspaper bearing date the {
M irsr be transports to• Court
/``J -wind Man she One r, he
!.J day of - -,CY'4?�(e,,{.__. , A.C., 19 J%; wwld normally apppear,besides OesfM
and the last publication thereof, in the issue of actual expensesnecesasrily incur-
/newspaper bearing date, the doY of rod,a mileage allowance of not less
Nis TWELVE CENTS.(1201 nor
�',t,L11"L 19 more Man the maximum allowance
e�,,) that the said pr pi fle for State officers and
,�)4",144,.,.r(L e'4..; 1 A,c<Pda employees under Section 24-9-100,
CRS 1973, as determined by
,.(( . resNttpnol this Board,except that
!/e_-lc 4 Lc c, Cc;.e, sefA*deage shall be only by one
has been published continuously and uninterrupt. officer and no mileage shall be
singed peon the guards attending
edly during the period of at least (fifty-Iwo con-
secutive weeks next prior to the first issue thereof isthe m having custody of the
(t)fog services to sales of real
containing said notice or advertisement above estate on an execution or decree,
referred to; and that said newspaper was at the order of court, or other court
time of each of the publications of said notice, process, besides actual expanse,
duly qualified for that purpose within the mean- TEN F o 1 collected
(u) For money by ums
inq of an act, entitled, "An Act Concerning Legal AI 1.4.1 I N OI ices of personal property, on all sums
bid,:..4-HA. $500.00, TWD"fl1RDi. ..
Notices, Advertisements and Publications, and 2nd READING -ONE SALF PERCENT (Inane: sL.
the Fees of Printers and Publishers thereof, and ORDINANCE,NO.Sl = .anrpM4gnw bid lint f150S.Nvtrd -
to Repeal all Acts and Parts of Acts in Conflict IN THE .MATTER OF THE under $1,000.00, TOW PERCENT .
REPEAL AND RE-ENACTMENT (2%); On all sums bid over
with the Provisions of this Act." approved April 7, WITH AMENDMENTS OF ORDI- $1,o00.40. ONE AND ONE-HALF
1921, and all amendments )hereon, and partial NANCE NO. 10. FEES FOR PERCEPT 111i%)but no lee shall
SERVICES PERFORMED BY be charged for an auctioneer or
larly as amended by an act approv d March 30, THE WELD COUNTY SHERIFF. other person for making sales on
1923, and an gel approved May , , 1931. .BE IT ORDAINED BY THE personal property; and in no case
BOARD OF COUNTY COMMIS- shall such commission exceed the
/ 1 / SIGNERS OF WELD COUNTY• .sum of FIFTY DOLLARS($50.00);
F ey COLORADO writ
f n service and returning
WHEREAS Ordinance No. 10, vrcft of tie service
or d r attaeli-
Publi r promulgated pursuant to Section men, FIVE DOLLARS ($5.00);
101104 CRS 1973. as amended, when making levy on shares of
providing for Fees for Service of stock under execution, on each
Subscribed and swam to before me this Civil Process by the Weld County --party served, SEVEN AND 50/100
f Sheriff;was previously passed and DOLLARS 12).50);
day of _ ./ !-r. -__ - A 19_-!.. adepte6 on the 15th day 01 June, - (at- her making certificates 01
19]], and; levy Lien shares, or otherwise,
-/rr` (- WHEREAS,Section 30-1-104,CR5 SEVEN AND SO/100 DOLLARS '
--'- :. [/!�" / ( _ 19]3, as amended, was further' ($7.30);.
# ` - `,' amended alter the passage and (y) For making return on
adoption of Ordinance No. 10 to execution. SEVEN AND- 50/100
� _;y',- increase the maximum allowable DOLLARS ($7.50).
My commission expires _ .__ tee for service by county sheriffs, SOS-II ACTUAL EXPENSES
Notary Public and; As used in Section I. "actual
,WHEREAS,the actual expenses expenses" means those personae!
tar service of civil process by the and processing costs incurred in
Weld County Sheriff are, in most typing, processing, filing. - and
cases,equal to or greater than ape serving said process papers blot
maximum tee for service of civil - dopv.gat include mileage.
process allowed by Section 30.1.104, Section III. MILEAGE
CR5 1973,as amended; Stiffens stated in Section 1 of this
WHEREAS,Certain fees permit. Ordinbnce do not include mileage.
ted by Scction 30-1-104,CI(5,1913,as Mileage shall be charged for each
amended, to be collected for mile actually and necessarily
services performed by the weld traveled in serving each writ,
County Sheriff are not currently subpoena,.or other process, at a
fixed by Ordinance. -_rategt_not less then Twelve Cents.
N
OR GOW* THEREFORE,Rrd el BE
IT ' (IN) per mile nor mere then Ate
cobra of Weld County, vies forms State ait$eaf an_
Colorado •Mat Ordinance No... le employees undereIant
0L
p, iouslyee and re.and hereby
echd with CRS 7073, as.meat,
Makin,p N'e•er-
amendments as follows: edtlN' as loafer...
mined cept Mat
actual and t nstr
Section I. FEES OF SHERIFF except lea shall
and aliened
Minton,
OC•:live mileage Sher be erewea id eR Pursuant to Section 30-1-1K,CRS, cases? dad, wharf.mere Ill., b
1977 (N77 Replacement Vol. and seer,trriip(s served byanykge only,,
197s Cumulative Sup.),fees collet. Y, Ms allowed
eflkn only ted by the Weld County Sheriff shall the shall schisthe mileage wN sects
h heaa,p,..
be as follows: agthe ve, be
serving t' among the Pants(a)- For and returning NN° optimal warrants
summons or other writ otprocesss b°SeN an V tFF
not specified in this section,an ot - TTat On inn Ordinance
shall
EFFECTIVE DATE
specified by State Statute,with or veMbe. Ioe shall take effeff without complaint attached, N°Yctio I,VALIDITY
eaceachDOLLARS
panty served,SEVEN AND SD DINANC6 VALIDITY OF ORf
lb) L AR (n7.50);elurn on a subsection, per..
If a,seate lc.,d
Summons not served, for each of this hi-seOrna,Ordinance s or f pttra y party not exceeding ten, ONE r1 n edor Is, for any DOLLAR(S1.Ml for each party in reasons,.or u etdeckled b Mt
the excess often not served,FIFTY Invalid snot o affect Molt CENTS J5 ). veliS decisions Mnahan not thg.
(c) Per serving and returning are aof the
oontyremaining- '
SEVEN subpoena On each witness,
ers of'. Weld. henry, don,($7.50); 50/IM DOLLARS hereby declare Mat It would him Id) MN making return NafedOdsOrdiaanceandeack and
not aking ONE COL-.-e eVery sects,, sublethal, pare-
subpoena LAR (SLOW; graph,aemiNcl,cb aN phrap
(el Forservingeach juror,ON Jheref irrespective OfIke factSEnt
ub-
DOLLAR ($1.00); E' any one M mere seating,, sub.I' For serving and returning sections, a i'e;n-.might of e _
writ of attac$bNt or replevin,on d FMaon 'might or each party* SEVEN AND DSO/100 dKiary to M unconstitutional or
DOLLARS(SA,M);.. invalid.
(g) For serving garnishees The ably!ST and tai to Orgy
mons on each kEN AND manta No, STSeeded
Party,SEVEN AND was,an motion.Wily ':
501100 DOLLARS($7.50)i maNaM
(h) In making demand for 1oROWing vote on the-.---day a-
payment es executions when pay... . iA0•, M7e. -
meat is not a9age,.ONE DOLLAR EOARDOF
(51.00); COUNTY Nyye COLORADO
all a Per levying execution or writ WELD COUNTY*COLORADO
nKtedchmML besides actual Norman CeriumLydiaDu Ram
la,fa ermtMarfaHN testa yia Danbar
nece, �ybeurret SEVEN AND C W.Kirby
(I) 0 tLARS($7.50);' Leonard L.Roe
IM F actual r k vying writ of replevin, ATTEST: A9M K.SW.,',Ws
WNbdial and trims- Weld Cou .
Mere anti
partition gene necessarily Incur- to nos Beard_Ree°asW
red,TEN DOLLARS($10,00); Clerk to
(k) .For uakkp and AP' ROVE AS T FOINK
OR
record or.prNRea* of filing en r Coney OTO FORM:
attachment WaHRr nags,SEVEN
AND REM DOLLARS(P.M);
Pridtafrit Sabo
b Elf rionedne
Ocbbsr 4Y,a n LMRgr,TkwSdLy
\-
\C •
d. .
/ r tJ
ONE+HALF PERCENT (2h%); '
1ziREADIINANCENO.SItember 1979 - on all sums bid over 1500.00 and
Affidavit of Publication ORDINANCE NO.57 under $1,000.00, TOW PERCENT .
IN THE MATTER OF THE (3%); on all sums bid over
. . REPEAL AND RE-ENACTMENT% 1)00000 ONE AND ONE-HALF
WITH AMENDMENTS OF ORDI- PERCENT(1t %)but no fee shall
l 10.NONCE fa0. FEES FOR be charged for an auctioneer or
STATE OF COLORADO, 1 ss SERVIC 'PERFORMEDFEES BY other Parson for making sales on
County of Weld, ) THE WTDAINED
;COUNTY SHERIFF.- personal property; and in no case
.BE IT DAIN BY THE' shall such commission exceed the
BOARD • COUNTY COMMIS- sum of FIFTY DOLLARS($50.00);Tr -OF WELD COUNTY•' (v) For service and returning
Paul P 4SSP.V COLORADO:
__---- __-__ _.____, ofWHEREAS, Ordinance No. 10, writ of ne exeat or body attach-
said FIVE DOLLARS ($5.001;
promulgated, CRS
pursuant 13, as to Section when making Levy on shares of
said County of Weld, being duly sworn, say that 30-1-101, CRS 1973, amended,
I publisher 00,,f providing for Fees for Service of stock unrexecution,cEN AND SO each
Yfaltt P.V1l1P, HeraldCivil Process by the Weld County, party served, 5EV
100
_'`r9,-.Salle Leader _. - Sheriff,was previously passed.and I DOLLARS making certificates of
adopted on the 15th day of June, Foro shares,ki or otherwise,
that the same is a weekly newspaper of general 1977,and; levy o AND 50/100 DOLLARS
circulation and printed and published in the WHEREAS,Section 30.1-104,CR5 SEVEN •
1973, as amended, was further (y) For making return on
town of Plat to Vll)e -. amended after the passage and .execution, SEVEN AND 50/100
adoption of Ordinance No. 10 to COcLARS (3EVE
in said county and state; that the notice or odver- increase the maximum allowable Section 11 ACTUAL EXPENSES
tisement, of which the annexed is a true copy, fee for service by county sheriffs, ,As used In Section I, actual
and; expenses" means those personnel
has been published in said weekly newspaper ',WHEREAS,the actual expenses and processing costs incurred el
consecutive for service of civil process by the typing processing,costs
ncur and
for _s, 1. - --- — -- in
Weld County Sheriff are, in most
than a serving said process papers but
regular that the notice v-as published in thd camaximum sx equal to or p does not include mileage.
lee for service of civil Section III. MILEAGE
regular and entire issue of every number of said process allowed by Section 30.1-104, ThefeesstatMIin Section I of this
ed
newspaper during the period and time of pubb CRS 1973,as amended;cati Ordinance do not include mileage.
WHEREAS,Certain fees permit- Mileage shall o be charged mil each
proper p of said t notice and in t the ne tint the ted by Section 30-1-104,CRS 1973,as
amended, to be collected for mile actually and necessarily
and not in a suppoticent thereof; ine the traveled in serving each writ,
first publication lue df said apex was contained in County tys performed noty the Weld subpoena, or other process, at a
Sheriff are currently rate of not less then Twelve Cents
the issue of said newspaper bearing date. the fixed by Ordinance. (13t) per mile nor more than the
NOW THEREFORE, BE IT maximum mileage allowance pro-
and day of bli atio there A.D., 19 !;xs ORDAINED by the Board of County vided for State officers and
and the last publication thereof, in the issue of Colorado
olorado that of Weld County, employees under Section 76-9-104,
V Ioradoythat Ordinance No. 10 CR5 19ee as amended, as defer-
said tespaper bearing date, the th27at
day of previously enacted be,and hereby mined by resolution of this Board;
September 7U is, repealed and follows:reena ted with excep9)hatactualanonotconstruc-
..., 19 _; Ihat the said amendments as five mileage shall be allowed in all
Platteville leLeader
d.erHerald Section I. FEES OF SHERIFF cases; and, where more than one
j? Salle 1 PE3ChE- Pursuant to Section 30-1-104,CRS warrant is served by any officer on
n - - - - - - 1973 (1977 Replacement Vol, and one trip, the actual mileage only
p'- 1978 Cumulative Sup.),fees collet- shall be allowed such officer, and
has been published continuously and uninterru the Weld County Sheriff shall the actual mileage shall be appor-
edly during the period of at least fifty-two con- ted by honed among the several warrants
be as follows: served on the trip.
costa ve weeks next prior to the first issue thereof (a) For serving and returning Section IV. EFFECTIVE DATE
containing said notice or advertisement above nom mousspecified i or n her writ of process thisection,and not The Ordinance shall take effect
referred to; and that said newspaper was at the specified by State Statute,with or November 1, 1979.
timwithout complaint attached, on Section V. VALIDITY OF OR+
-I-
duly of each e of the that purpose
withinof.s aid menotan- each party served,SEVEN AND Sit DINANCE
duly qualified for purpose the mean- 100 DOLLARS (17.501; If any section, subsection, para-
"An Act Concerning Legal (b) For making a return on a graph, sentence, clause or phrase
ot of Notices, act, entitled, g of this Ordinance is, for any
party rit no not served, for each reasons, held or•decided to be
Advertisements fPrntrsand Publications,thr and not exceeding ten, ONE
DOLLAR(51.00) for each party in invalid or unconstitutional, such
the Fees of Printers and Publishers fActs Conflict, and the excess of ten not served,FIFTY decisions shall not affect the to with Repeal all v Acts and Parts of in CENTS (SOP); validity of the remaining portions.
lc) Fm serving and returning The Board of County Commission-
1921,the Provilsions of this Act." approved April u- err of Weld County, Colorado,
each subpoena on each witness, hereby declare that it would have
lacyas and en amendments by an act thereof,pr and March pc i3O, SEVEN AND 50/140 DOLLARS
fatly amended by an approved, 30, (S750); passed this Ordinance and each and
(d) For making return on a every section, subsection, pare-
1923, and an act approved May 18, ):831. subpoena not served, ONE DOL— graph,sentence,clause and phrase
LAR (51.00); therof irrespective of the fact that
�/ / ' Q let For serving each furor,ONE any one or more sections, sub-
/'1 Cla4- /21 _ ..-j- DOLLAR(51.00); sections, paragraphs, sentences,
:,../1-
aaa Pub;er (I) For serving and returning clauses, or phrases might be
writ of attachment or replevin,on declared to be unconstitutional or
each party, SEVEN AND 50/100 invalid.
Subscribed and//sworn to before me this /19_ DOLLARS 157.50);
day of _. . LY-I _._.. A.D.. 19 fJ
7 /
/
My commission expires // 7 _ +L.A---
Notary Public
No. 57.__ .are otfo'Tlfai-
(a) For serving garnishees sum- nonce No. was, on motion duly
mons on each party, SEVEN AND made and seconded,adopted W the
50/100 DOLLARS 157.501; following vote on the day el
(h) In making demand for , AD., 1979.
payment on executions when pay- BOARD Of
meat is not made, ONE DOLLAR COUNTY COMMISSIONS!/
($1.00); WELD COUNTY'COLOSADO
li) For levying execution or writ Norman Carlson,ChaiMnWs*
of attachment, besides actual Lydia D
custodial and transportation costs C.W.Kbhy
necessarily incurred,SEVEN AND Leonard L.RN
50/100 DOLLARS IS7.50); June K.Steidntara
(j) For levying writ of replevin, ATTEST:
besides actual custodial and trans. Weld County Clerk and Retarder
portation costs necessarily incur- and-Clerk to the Board
red, TE
N TEN DOLLARS ($10.00); By: Deputy County Clerk
Ikl For making and filing for APPROVED AS TO FORM:
record or certificate of levy on County Attorney
attachment or other cases,SEVEN Published in the Platteville
AND 501100 DOLLARS (57.50); Herald,La Salle ,Thersday
II) For serving writ with aid of September 47, 1979.
posse comitatus with actual expen-
ses necessarily incurred in exec. /`� yo...
iing said writ, FIFTEEN DOL-
LARS (515.00); --
(m) For attending before any
judge, court not being in session,
with prisoners with writ of habeus
corpus for each day of twelve hours
or fraction thereof, TWELVE
DOLLARS($12.00);
In) For attending courts of
record when in session,per diem of
twelve hours or fraction thereof,
TWELVE DOLLARS ($1200); but
the attendance upon the County
Court shall be certified by the
judge of said Court at the close of
each month;
(0) For advertising property for
sale, besides the actual cost of
Wing, actual expenses, but
I not more than SEVEN AND 50/100
DOLLARS ($7.50);
(p) For making certificates of
sale previous to execution of deed,
or on sales of personal property,
SEVEN AND 50/100 DOLLARS
(57.50);
(q) For executing and acknow-
ledging deed of sale of real estate,
,TEN DOLLARS (510.00);
(r) For taking, approving, and
retiring bond in any case, TWO
AND 50/100 DOLLARS ($4.50);
(s) For transporting insane or
ether prisoners when the Court, in
its discretion, orders that a
prisoner be transported to a Court
other than the one in Which he
would normally appear,besides the
actual expenses necessarily Incur-
red,a mileage allowance of net Ins
than TWELVE CENTS (124) nor
more than the maximum allowance
'revised for State Officers and
employees under Section 44-9.104,
CRS 1977, as determined by
resolulied of this Board,exceptthat
such mileage shall be only by Me
officer and no mileage shall be
charged upon the guards attending
the officer having custody of the
prisoner;
(t) For services In sales of real
estate on an execution or decree,
order of court, or other court
process, nines actual expenses,
TIN DOLLARS($10.00);
(u)for manev collected by file
of personal properly, on all sums i
bid under S500.00, TWO AND ;
f(
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