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eBook details

• Title: City of Greeley v. Board of County Commissioners
• Author : Colorado Court of Appeals No. 81CA0377
• Release Date : January 24, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Opinion by JUDGE TURSI In November 1980, while working on the 1981 fiscal year budget, the Weld County board of county commissioners passed a resolution authorizing transfer of general fund revenue to the road and bridge fund so as to finance the operation of the road and bridge department for the fiscal year without the necessity of having a mill levy for roads and bridges. The board claimed authority to fund roads and bridges by virtue of § 29-1-111.5, C.R.S. 1973 (1980 Cum. Supp.) which authorizes budgetary transfers during the fiscal year. The effect of funding roads and bridges in this manner is to avoid contributing 50% of the revenues generated from the road and bridge mill levy to the municipalities within the county as is required by §§ 43-2-202 and 43-2-203, C.R.S. 1973. In December, plaintiffs, the municipalities within Weld County, filed an action for declaratory judgment seeking to invalidate the resolution and for temporary and permanent injunctions against the transfer of any non-property tax funds from the general fund to the road and bridge fund for fiscal year 1981. The trial court granted the municipalities the requested relief. Challenging the holding of the trial court, the board brings this matter before us seeking reversal. We affirm.

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