HomeMy WebLinkAbout750645.tiff MEMORANDUM OPINION
TO: Board of County Commissioners, Weld County, Colorado
FROM: County Attorney
DATE: August 11, 1975
RE: Publication of Home Rule Charter
QUESTION PRESENTED: Shall the Weld County Home Rule Charter be published
as submitted to the Board of County Commissioners?
ANSWER: Yes.
DISCUSSION:
This question is expressly answered in C. R. S. 1973, 30-11-505(1) ,
which states, among other things, that:
"the board of county commissioners shall publish in a news-
paper of general circulation within the county a complete
text of the proposed charter not less than ten days prior
to the special election. At the special election a referendum
of the registered qualified electors of the county shall be
held to determine the question of whether the proposed
charter as submitted shall be adopted." (emphasis added)
The statutes describe in detail in 30-11-504 the steps to be taken in
the development of a proposed charter, the object of the charter commission being
to present to the board of county commissioners a proposed charter within 180 or 240
days after its initial meeting, as amended per Senate Bill 67, 1975 Session Laws.
C. R. S. 30-11-505 describes the steps to be taken in holding a
referendum election on the proposed charter. Where a statute is unambiguous on
a given question, as here, the generally accepted rules of legal construction
will not permit a contrary interpretation.
In fact, C. R. S. 30-11-505(3) describes the manner in which a
proposed charter, if disapproved by the majority of voters, may be revised and
resubmitted.
Accordingly, it is the opinion of this office that, pursuant to
C. R. S. 30-11-504 and 505, the proper text of the proposed charter to be
published must necessarily be that which was presented to the County Commissioners
on July 2, 1975, and which was duly received as submitted to the Board.
Attached hereto is a copy of the Notice to accompany the publication
of the proposed charter which complies with the statute.
750645
Respectfully submitted,
'Samuel S. Telep
I County Attorney
NOTICE
I hereby certify that pursuant to C. R. S. 1973, 30-11-504,
as amended, a proposed charter for the County of Weld, State of Colorado,
was presented to the Board of County Commissioners by J. L. "Bud" Johnson,
Chairman of the Charter Commission, on July 2, 1975, receipt whereof is
hereby acknowledged. Pursuant to C. R. S. 1973, 30-11-505, as amended,
the complete text of said proposed charter shall be published in the
Greeley Journal as submitted to the Board.
Date: August 13, 1975 / ��.:'_ /i ,5,e&le/L
CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
// � WELD COUNTY, COLORADO
ATTEST:::Z N-5-2 4
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
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By .._/v vt 4-10/71/ I ., ' rieb4--41�l
Deputy County Clerk
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