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Home My WebLink About20131127.tiffWeld County District Court 9019th Avenue P.O. Box 2038 Greeley, CO 80632 Phone: 970-351-7300 C O c U Court Use Only IN THE MATTER OF THE ST. VRAIN SANITATION DISTRICT Richard N. Lyons, II Lyons Gaddis Kahn & Hall, P.C. Attorneys for District P.O. Box 978, 515 Kimbark St. Longmont, CO 80502-0978 Telephone: (303) 776-9900 Attorney Reg. Number: 09591 Case No. 85 CV 1166 Division MOTION FOR COURT ORDER OF INCLUSION - WELD COUNTY HAZARDOUS WASTE FACILITY PROPERTY St. Vrain Sanitation District, by its attorneys, moves the Court for its Order pursuant to §32- 1-401(1), C.R.S. (2006), including certain lands into the St. Vrain Sanitation District and affirmatively states that no objection was filed, by any municipality or county. The following documents are attached in support of this Motion: 1. A copy of District's Board Order of Inclusion adopted by the Board of Directors of the St. Vrain Sanitation District on September 18, 2012 including into the District the lands described in said Order pursuant to §32-1-401(1)(c)(I), C.R.S. See attached, Exhibit A; and 2. Affidavit of Publication in the Longmont Daily Times -Call on September 7, 2012. See attached, Exhibit B. WHEREFORE, the District requests that the Court enter its Inclusion Order including such lands into the boundaries of the St. Vrain Sanitation District. Oirmnquanicoritp44) S (o- 49.O1 3 2013-1127 STATE OF COLORADO ) )'Ss. COUNTY•.DF WELD ) IN'THE MATTER . OF INCLUSION OF LANDS WITHIN THE.ST. VRAIN SANITATION DISTRICT :BEFORETHE BOARD •OF..DIRECTORS OF THE ST. VRAIN SANITATION.. DISTRICT BOARD ORDER OF INCLUSION THIS'MATTER COMING ONTO BE HEARD..0N September 18, 2012. bythe Board of:Directors:of'the,St. Vrain Sanitation Distrlct'(.Dlstrict). THE BOARD FINDS: 1. That a 'written 'Petition in compliance• With -32-1-401(7:1 C:R;3.. was filed -with the Board of Directors prayingforthe:.inclusion into the District. of the.`Weld CountrHazardo- us Waste Facilityproperty, described more fullyas: Portion of the :NE4,1.4 8,:Lot•A:of Recorded` Exemption =1656 .asshown•:onthe plat recorded .at Book 1484, Reception iNurnber.2431734, Envelope Number 3880.1h theOffice-:of fice-:ofthe ,Weld :County Clerk and. Recorder, Weld County,:.State.of'Colorado; .Also,known'bystreet name: 5500 Highway52,.Dacono, CO. 2. Triat .said Petition was Signed by 1:0.C% of the owners -of the respective real properties to be included, and that the said •signatures:.were acknowledged:ln the -same manneras conveyances of land are required:to be acknowledged; and that thePetition:com. plies-wlth all requirennertts as specified:by law. 3. Thatthe Board liXed a heartng..upan:said Petition .for September .13, 2012 at 11307 Business • Park Circle, Firestone, Colorado at 9:00 AN -,-,;:.a• Notice BS, required bylaw, was published in the Daily Tlrnes-Ca1L,.a newspaper of general circulation ihthe D.istript. 4. Thattheconditionslixed fixed bythe. Board and ;required: by law.for inclusion have been satisfied and accepted. 5. That no written:objectionsdto;the.granting of the Petition mere presented to'-the:Board. 6. That-theB.oard has:heardali,matters relative to.the Petition at.a. public meeting held at -the time and on the -date .setforth in Paragraph 3 above, and .pursuant..to t 32�.-401(1)(c)(l), :C:R,S.•flnds:that .suchinoiusionsare inthebest interests:of-the;District WHEREFORE, .11 IS ORDEREDBYTHE BOARD:OF DIRECTORS0F$L VRAIN SANITATION DISTRICT -that -the Petition be;grarited and the property situated in₹he Count/ Of Weld, State of':Colorado, described . above be and hereby are, included • into the St. Vain Sanitation District; however, this inclusion constitutes no right to ..obtain sanitary sewer service 'beyond existing capacity without additional contractual -arrangement. - • AFFIDAVIT OF PUBLICATION TIMES -CALL State of Colorado County of Boulder I, the undersigned agent, do solemnly swear that the LONGMONT TIMES -CALL is a daily newspaper printed, in whole or in part, and published in 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 a copy of each number of said newspaper, in which said notice of advertisement was published, was transmitted by mail or carrier to each of the subscribers of said newspaper, according to the accustomed mode of business in this office. The annexed legal notice or advertisement was published in the regular and entire edition of said daily newspaper once; and that one publication of said notice was in the issue of said newspaper dated September 7, 2012. Subscribed and sworn to before me this 7th day of September, 2012 in the County of Boulder, State of Colorado. Fee $18.30 Account #221174 Ad #5566096 Agent MY COMMISSION EXPIR APRIL 30, 2013 =':s �:'._="�Nit7,llt,`�OF.17311BWI7r. "-, our snot liarl !Lief:. ai'PetRfon ,has - been"Ifletl;' •rfin?Ia14�lti�ha4?Digltldth�;' 6104-,:,fr .p.' kite: °s;; �pioredri�yi(descflb�d i��;' � 'ti': ''`."V^1 YjJ �E7tipc:: uH L�OTb02: toft � poli IAcr4p LHecrs_ ''Env tmiber :$8D alp Weld fCourltyi Cler;an' CountyriState-ofColorado Also •,known by street -namo 5506 'F 52,,0ag0no, CO. r A shearing iupan said Petition wilt be,,held.:' the Board oft Directors of the St Vraln •. lion ;District fiat 9 00 o'clock a m on,,, ISeptember"+ 1S 2012 at 113071 Bush Circle ;Firestoli3Cotorad0 B0504 1he-•namez. hd ddresah _ Las toil 8Id 'ctii • Gresl �Ill tirme.+ bir Ia! �'Pul f R arb�lle�ied•'1rYthe,ind a �! September, 7 20:12 Ad #6666096 Bruce Barker From: Sent: To: Cc: Subject: Bruce Barker Monday, September 24, 2012 1:24 PM Commissioners; Monica Mika; David Bauer; Trevor Jiricek Stephanie Arries; Brad Yatabe; Bob Choate Notice from St. Vrain Sanitation District FYI. We received a copy a motion by the St. Vrain Sanitation District to include the Weld County Hazardous Waste Facility at 5500 Hwy 52, Dacono, into the District's boundaries. Says by petition of the owner, which I believe is the BOCC; however, I cannot remember the BOCC ever formally approving such a petition. Current State statute, CRS 32-1- 207(2)(a), does not require that the BOCC approve a modification of the Service Plan for the addition of the property into the District. § 32-1-207. Compliance--modification--enforcement (2)(a) After the organization of a special district pursuant to the provisions of this part 2 and part 3 of this article, material modifications of the service plan as originally approved may be made by the governing body of such special district only by petition to and approval by the board of county commissioners or the governing body of the municipality that has adopted a resolution of approval of the special district pursuant to section 32-1-204.5 or 32-1-204.7 in substantially the same manner as is provided for the approval of an original service plan; but the processing fee for such modification procedure shall not exceed two hundred fifty dollars. Such approval of modifications shall be required only with regard to changes of a basic or essential nature, including but not limited to the following: Any addition to the types of services provided by the special district; a decrease in the level of services; a decrease in the financial ability of the district to discharge the existing or proposed indebtedness; or a decrease in the existing or projected need for organized service in the area. Approval for modification shall not berequired for changes necessary only for the execution of the original service plan or for changes, in the boundary of the special district; except that the inclusion of property that is located in a county or municipality with no other territory within the special district may constitute a material modification of the service plan or the statement of purposes of the special district as set forth in section 32-1-208. In the event that a special district changes its boundaries to include territory located in a county or municipality with no other territory within the special district, the special district shall notify the board of county commissioners of such county or the governing body of the municipality of such inclusion. The board of county commissioners or the governing body of the municipality may review such inclusion and, if it determines that the inclusion constitutes a material modification, may require the governing body of such special district to file a modification of its service plan in accordance with the provisions of this subsection (2). (b) Except as otherwise described in paragraph (d) of this subsection (2), a special district shall not furnish domestic water or sanitary sewer service directly to residents and property owners in unincorporated territory located in a county that has not approved the special district's service plan unless the special district notifies the board of county commissioners of the county of its plan to furnish domestic water or sanitary sewer service directly to residents and property owners in the county and receives approval from the board to do so. Within forty-five days of receiving the notification, the board may review the special district's planned action and may, in its own discretion and following notice by the board, require a public hearing prior to giving approval of the planned action, prior to which hearing the governing body of the special district shall provide such information and data as the board reasonably requests. Failure to provide information as requested by the board is grounds for the board to delay the public hearing until the board receives the information. The board shall either approve or deny the proposed action within one hundred twenty days of the public hearing. (c) Before approving a planned special district action described in paragraph (b) of this subsection (2), the board of county commissioners of a county shall, not less than forty-five days prior to the first meeting of the board at which the approval specified in paragraph (b) of this subsection (2) may be given, provide public notice in the manner that the county requires of the possible approval within the newly described area to be served. The notice is required to include 1 specific notification that any property owner wishing to have his or her property excluded from the proposed area to be served shall, not later than forty days from the first public notice, request that his or her property be excluded from the proposed area to be served by the special district. The board is not limited in its action with respect to exclusion of territory based on the request. A request for exclusion shall include a legal description of the property subject to the request, and the board shall act upon the request before taking final action on the request for approval pursuant to paragraph (b) of this subsection (2). (d) The requirements detailed in paragraphs (b) and (c) of this subsection (2) do not apply in the following circumstances: (I) A special district provides domestic water or sanitary sewer service only to private property owners pursuant to written agreement between the special district and the property owners; (II) A special district provides domestic water or sanitary sewer service within the boundaries of another governmental entity, including, without limitation, a city, a municipality, or another special district, pursuant to an intergovernmental agreement; (III) A special district provides any storm drainage or storm sewer services or facilities within the county; or (IV) Domestic water service and sanitary sewer service is being provided, or a water or sanitary sewer service area extension has been approved by the county into which the service area is to be expanded, within unincorporated territory located in the county as of May 11, 2012. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "0" Street Greeley, CO 80632 (970) 356-4000, ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Hello