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Home My WebLink About20132577.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING SERVICE PLAN FOR PROPOSED PLATTE VALLEY PARK AND RECREATION DISTRICT WHEREAS, the Board of County Commissioners of Weld County, 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, pursuant to Section 32-1-204, C.R.S., a Service Plan concerning the proposed Platte Valley Park and Recreation District ("District"), was filed by Petitioner with the Weld County Board of County Commissioners, and WHEREAS, on July 8, 2013, by Resolution #2013-1739, the Board of County Commissioners scheduled a public hearing on the Service Plan to be held at 9:00 a.m. on September 16, 2013, and WHEREAS, notice of the date, time, location, and purpose of said hearing was duly published in The Greeley Tribune, the county legal newspaper, on August 21, 2013; notice was provided to the Division of Local Affairs of the name and type of the proposed District; and notice of the date, time and location of said hearing was provided to the Petitioner, to the governing body of each municipality and of each special district which had levied an ad valorem tax within the next preceding tax year and which had boundaries within a radius of three (3) miles of the proposed district, and to said Division, as required by Sections 32-1-202(1) and 32-1-204(1), C.R.S., and WHEREAS, Petitioner provided notice to property owners within the proposed District pursuant to Section 32-1-204(1.5), C.R.S., and WHEREAS, the Weld County Planning Commission considered the Service Plan at its meeting on September 3, 2013, and presented its unfavorable recommendation to the Board of County Commissioners at its hearing on this matter, pursuant to Section 32-1-204(2), C.R.S., and WHEREAS, the Board did, on September 16, 2013, conduct a full public hearing on this matter, taking evidence establishing the jurisdiction of the Board to hear this matter and further taking evidence regarding the substantive issues set forth in Section 32-1-203, C.R.S., at which hearing all interested parties were afforded an opportunity to be heard, and WHEREAS, the Board fully considered the Service Plan and all testimony and other evidence presented to it in this matter relating to said Service Plan, including the unfavorable recommendation of the Weld County Planning Commission, and WHEREAS, written requests for exclusion were submitted to the Board from various property owners within the boundaries of the proposed District and such requests along with testimony and other evidence were fully considered by the Board pursuant to Section 32-1- 203(3.5)(a), C.R.S., and 1013 2013-2577 SD0137 DISAPPROVE SERVICE PLAN - PLATTE VALLEY PARK AND RECREATION DISTRICT PAGE 2 WHEREAS, the Board, after consideration of all testimony and other evidence presented to the Board regarding requests for exclusion, finds that the Petitioner failed to meet its burden of proving that the exclusion of the property is not in the best interests of the proposed District pursuant to Section 32-1-203(3.5)(a), C.R.S., and WHEREAS, the Board, after consideration of all testimony and other evidence presented to the Board in this matter, finds that the Service Plan does not meet the criteria contained within Section 32-1-203, C.R.S. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that: Section 1. Pursuant to Section 32-1-203(3.5)(a), C.R.S., the Board hereby determines that the Petitioner has failed to meet its burden of proving that the exclusion of properties for which exclusion requests were filed is not in the best interests of the proposed District. Therefore, the properties listed by parcel number in Attachment A to this resolution, attached hereto and incorporated herein, inclusive of mineral interests, are hereby excluded from the District. Section 2. The Weld County Planning Commission has considered this matter as required by law and has recommended unfavorably of the Service Plan. Section 3. Based upon the information contained within the Service Plan and evidence presented to the Board at the hearing, the Board hereby finds and determines that evidence satisfactory to the Board was not presented with regards to the following criteria contained in Section 32-1-203, C.R.S.: A. There is sufficient existing and projected need for organized services of the nature proposed in the Service Plan in the area to be serviced by the proposed District. B. The proposed District is capable of providing economical and sufficient services to the area within its proposed boundaries. C. The area to be included in the proposed District has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. D. The creation of the proposed District will be in the best interest of the area proposed to be served. Section 4. On the basis of the findings and determinations in Section 3 of this Resolution, the Board hereby disapproves the Service Plan for the Platte Valley Park and Recreation District. 2013-2577 SD0137 DISAPPROVE SERVICE PLAN - PLATTE VALLEY PARK AND RECREATION DISTRICT PAGE 3 Section 5. The Clerk to the Board be, and hereby is, directed to advise the Petitioner, in writing, of this action and to attach a certified copy of this Resolution. Section 6. All Resolutions, or parts hereof, in conflict with the provisions hereof, are hereby repealed to the extent of such conflict only. Section 7. This Resolution, immediately upon its passage, shall be authenticated by the signatures of the Board of County Commissioners and the Clerk to the Board and sealed with the corporate seal of the County. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of September, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COT% COLORADO Weld County Clerk to the Board BY: AP Deputy Cle County Attorney Date of signature: OCT 0 1 2013 William hair Q acher, Pro-Tem ep an P. Conway arbara Kirkmeyer 2013-2577 SD0137 ATTACHMENT A: EXCLUDED PROPERTIES BY PARCEL NUMBER Barthol, Gil & Barbara: 080134000049, 080134000048, 080134200002 Bates. Jim: 096302300007 Book, James: 080126100029 Brown, Richard & Mary: 096113000082 Clark, Shane & Diana: 096320400001 Cyr, Gary Sr., Ammie L: 080134200001 Dalton, Elsie: 105307300050 Gifford, David & Joann: 096321208019 Grisham, Patricia & Terry: 121312401007 Loloff Farms: 096326000006, 096326000005, 096335000008, 096335000009, 096335000010 Loloff, Don & Melinda: 096332300001, 096321202001, 096321202002, 096321202003, 096321202004, 096321202005 Meyer, Ed & family: 096302000017 O'Connell, Patricia: 105331100021 Oster, Larry & Lisa Dalton: 105307300049 Phippard, Timothy & Elizabeth: 096321221018 Puype, Francis & Helen: 096318100056 Sater, Paul: 105314000010, 105312000006, 105119000003, 105118000002, 105323000007, 105314000010, 105118000001, 105313000009, 105312000007, 105312000006, 105118000006, 096321307003, 096321223008, 096105302005, 096321308011, 105310000010 Shriver, Clara & Chuck Morrison: 080112000027 Smith, Richard: 105105200026 Stringer, Wilbur: 080127000004 Tumlinson, Judy: 096321202023 Wright, David & Betty Wright Goin: 105307000048, 105307000041, 096321202022, 096321202017, 096321202020 STATE OF COLORADO) COUNTY OF WELD ) SS CLERK TO THE BOARD PHONE: (970) 336-7215, EXT.4218 FAX: (970) 352-0242 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 I, Monica Daniels -Mika, Clerk to the Board of County Commissioners, in and for the County of Weld, State of Colorado, do hereby certify that the attached copy of Resolution #2013-2577, dated September 16, 2013, is a duplicate of the original Resolution on file in the Weld County Clerk to the Board's office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Greeley, Colorado, this 3rd day of October, 2013. CLERK THE BOARD BY: DEPUTY CLERK TO THE co O o- o - 0 N rn O co O U- rdJ rU O ll N Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To i a Postmark Here Street, Apt. No.; n / `-. f ,y ami' POBox No. 0(Jte r / City, State, ZIP+4 1' i(,� 0 �p O/ m25 -p ` SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to' you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: I jll'i &a:i, ALPS ea Y34 mau /We, t3D °&I/14(1/t_iftFeejtCo X004. COMPLETE THIS SECTION ON DELIVERY A. Signature X ; I 7. 8. Received by (Printed Name) ❑ Agent ❑ Addressee - C. Date of Delivery D. Is delivery address different, item:1? from If .YES, enter'delivery addressl' a w: iI t y S •- C'u) O Yes O No 3. Service Typ i.0 ,. liktertlfled Mail.z C Express Mail ❑ Registered O Return' Receipt for Merchandise ❑ Insured Mail ;O C.O.D.. 4. Restricted Delivery? (Extra Fee) O Yes 2, Article Number (Transfer from service label) 7004'2890 0003 5709 9058 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Hello