HomeMy WebLinkAbout20133488.tiffRESOLUTION
RE: APPROVE INCLUSION OF PROPERTY LOCATED IN WELD COUNTY INTO SOUTH
BEEBE DRAW METROPOLITAN 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, the Board of Directors of the South Beebe Draw Metropolitan District ("the
District") has received a petition for inclusion of certain property which is located in Weld County,
Colorado, and
WHEREAS, the District was formed in 1985 and is currently located entirely within Adams
County, and
WHEREAS, Section 32-1-207(2), C.R.S., requires any special district that intends to
include in its boundaries, property that is located in another county, to notify the board of county
commissioners of that county of such inclusion; said board of county commissioners may then
review the inclusion to determine if it constitutes a material modification of the service plan and, if
so, may require the governing body of the special district to file a modification of such service
plan, and
WHEREAS, the Board of County Commissioners has reviewed the District's proposed
inclusion and deemed it advisable to approve said inclusion, so long as South Beebe does not
attempt to include property without the consent of the landowner, per Section 32-1-401(2), C.R.S.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the matter be, and hereby is, approved.
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2013-3488
SD0001
RE: INCLUSION OF PROPERTY LOCATED IN WELD COUNTY INTO SOUTH BEEBE DRAW
METROPOLITAN DISTRICT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of December, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CONTY, COLORADO
Weld County Clerk to the Board
BY:
APP
lerk to the board
bunty Attorney
Date of signature: JAN 1 3 2014
. Garcia, Chair
Radem-cher, Pro-Tem
n, P. (Conway
Mike Freeman
A�Z.69tb4/.P/L'
rbara Kirkmeyer
2013-3488
SD0001
DIANNE D. MILLER
Admitted in Colorado and New Mexico
Bruce Barker
Weld County Attorney's Office
P.O. Box 758
Greeley, CO 80632
December 9, 2013
Re: South Beebe Draw Metropolitan District
Inclusion of Property in Weld County
MATTHEW P. RUHLAND
Admitted in Colorado
BRADLEY T. NEIMAN
Admitted in Colorado and Georgia
Mr. Barker:
Enclosed please find an executed original Resolution of the Board of Directors of South
Beebe Draw Metropolitan District Approving the Intergovernmental Agreement Concerning
Inclusion of Property with Weld County and Authorizing Execution and Delivery of Same for your
records. Also enclosed, please find two (2) copies of the Intergovernmental Agreement
Concerning Inclusion of Property between South Beebe Draw Metropolitan District and Weld
County executed by South Beebe Draw Metropolitan District. Please return one (1) fully executed
copy of the IGA to my attention at the address below and keep the remaining fully executed copy
for your records. Thank you for your work on this matter and please contact me with any questions
or concerns.
Enclosures
Very truly yours,
MILLER & ASSOCIATES LAW OFFICES, LLC
Matthew P. Ruhland, Esq.
1641 California Street, Suite 300 - Denver, Colorado - 80202
p: (303) 285-5320 - f: (303) 285-5330 - www.ddmalaw.com
2013-3488
RESOLUTION OF TIE BOARD OF DIRECTORS
SOUTH BEEBE DRAW METROPOLITAN DISTRICT
APPROVING
INTERGOVERNMENTAL AGREEMENT CONCERNING
INCLUSION OF PROPERTY WITH WELD COUNTY
AND AUTHORIZING EXECUTION AND DELIVERY OF SAME
WHEREAS, the Board of Directors ("Board") of the South Beebe Draw Metropolitan
District ("District") convened a special meeting on November 22, 2013; and
WHEREAS, the meeting was duly noticed and convened and a quorum of the Board was
present; and
WHEREAS, there was presented to the Board that certain Intergovernmental Agreement
Concerning Inclusion of Property with Weld County, Colorado; and
WHEREAS, after discussion by the Board, the Board found and determined as follows:
1. The Intergovernmental Agreement Concerning Inclusion of Property is in the best
interest of the District and is approved as presented.
2. The Board authorizes execution of the Intergovernmental Agreement Concerning
Inclusion of Property by the President, Robert A. Lembke, and Assistant Secretary, James
A. Korpal.
3. The Board authorizes delivery of the Intergovernmental Agreement Concerning Inclusion
of Property to Weld County, Colorado for consideration and approval by the Board of
County Commissioners.
Done on November 22, 2013.
SOUT�BEBBE-I • W METROPOLITAN
TRICT
EST:
ames A. Korpal, • ssistan Secretary
Robe A. Lembke, President
Weld County
South Beebe Draw Metropolitan District
Intergovernmental Agreement
Concerning Inclusion of Property
This Intergovernmental Agreement Concerning Inclusion of Property ("IGA") is made and
entered into to be effective the all day of neeei tber , 2013, by and between
WELD COUNTY (the "County"), a body corporate and politic of the State of Colorado, and SOUTH BEEBE
DRAW METROPOLITAN DISTRICT ("South Beebe"), a quasi -municipal corporation and political
subdivision of the State of Colorado.
RECITALS
A. South Beebe is an existing and validly operating metropolitan district originally organized in
1985 after approval of its service plan by Adams County.
B. Since its organization, South Beebe has assumed regional governmental responsibilities to
provide storm drainage facilities and services in the South Beebe Draw Basin, which Basin includes
property in both Adams and Weld Counties.
C. South Beebe has received petitions for inclusion of certain parcels of land located within
unincorporated Weld County. The land will be used for storm drainage ponds and facilities to serve
anticipated development in the area.
D. South Beebe has no other property within its boundaries that lies in unincorporated Weld
County, therefore, pursuant to statute, South Beebe advised the County of the petitions and requested
that the County find that the inclusions do not constitute material modifications of the South Beebe
service plan.
E. The County is willing to consent to the inclusion of property into South Beebe within Weld
County pursuant to this IGA.
NOW THEREFORE, in consideration of the mutual promises contained herein and other good
and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the County
and South Beebe agree as follows:
AGREEMENT
1. Purpose and General Intent. Although the County is willing to consent to the inclusion of
property into South Beebe within unincorporated Weld County, the County has also determined that
special districts should not include property or provide services outside their boundaries without the
consent of the property owners and service users affected by such actions or where other governmental
entities provide such services. The purpose of this IGA is to limit South Beebe to the inclusion of
property only where the property owner has voluntarily consented to such inclusion and where other
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governmental entities do not already provide the same services or, only where other governmental
entities voluntarily consent to provision of services by South Beebe pursuant to an intergovernmental
agreement if the boundaries of the other government and South Beebe overlap.
2. Consent to Inclusion. The County consents to the inclusion of property into South Beebe in
unincorporated Weld County so long as:
a. South Beebe receives a petition from a landowner for such inclusion;
b. South Beebe acts in accordance with the provisions of § 32-1-107, Colorado Revised
Statues, with regard to overlapping special districts;
c. South Beebe acts in conformance with the provisions of § 32 -1 -207(2)(b) -(d), Colorado
Revised Statues, with regard to the provision of service in unincorporated Weld County and, in
particular, South Beebe shall not impose extraterritorial fees on any landowner in unincorporated Weld
County without the written consent of such landowner; and
d. South Beebe does not attempt to include property without the consent of the
landowner utilizing the provisions of § 32-1-401(2), Colorado Revised Statues.
3. Material Modification if Breach. South Beebe Draw agrees that if the inclusion of property into
its boundaries that lies within unincorporated Weld County occurs in contravention of any of the
provisions of paragraph 2 above, such action shall constitute a material modification of its service plan
and South Beebe shall be subject to a service plan amendment process with the County and the
inclusion of property which triggers such service plan amendment shall be ineffective until such time as
the Board of County Commissioners of Weld County approve such service plan amendment.
4. General Provisions.
a. NOTICES. Any notices, demands or other communications required or permitted to be
given, shall be given in writing, delivered personally or sent by U.S. Mail, addressed to the Parties at the
addresses set forth below or at such other address as either Party may hereafter or from time to time
designate by written notice to the other Party given in accordance herewith.
To the District:
South Beebe Draw Metropolitan District
c/o Community Resource Services
7995 E Prentice Ave #103E
Greenwood Village, Colorado 80111
With a copy to:
Miller & Associates Law Offices, LLC
1641 California St, #300
2
Denver, Colorado 80202
Attention: Dianne D. Miller, Esq.
To the County:
Weld County Attorney
P.O. Box 758
1150 O Street
Greeley, Colorado 80632
Any legal notices required to be delivered to landowners or required to be published regarding a
petition for the inclusion of property by South Beebe shall be published in the Greeley Tribune if the
property which is the subject of the inclusion is situate in Weld County.
b. ASSIGNMENT AND DELEGATION. The rights, or any parts thereof, granted to
the Parties herein may not be assigned. The obligations, or any parts thereof, of the Parties may not be
delegated.
c. NO THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the Parties and nothing contained in this Agreement shall give
or allow any such claim or right of action by any other third party on such Agreement. It is the express
intention of the Parties that any person other than Parties receiving services or benefits under this
Agreement shall be deemed to be an incidental beneficiary only.
d. AMENDMENT AND MODIFICATION. This Agreement may be amended or modified only
in a writing signed by both Parties.
e. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
Parties relating to the subject matter herein and sets forth the rights, duties and obligations of each
Party to the other as of this date. Any prior agreements, promises, negotiations or representations not
expressly set forth in this Agreement are of no force and effect.
f. SEVERABILITY. If any provision of this Agreement is determined to be unenforceable or
invalid, the unenforceable or invalid part shall be deemed severed from this Agreement, and the
remaining portions of this Agreement shall be carried out with the same force as if the severed portions
had not been part of this Agreement, provided that the Parties both agree that the severed provision
does not alter the intent and/or purpose of the Agreement.
g. NO WAIVER. No waiver of any of the provisions of this Agreement shall be deemed to
constitute a waiver of any other provisions of this Agreement, nor shall such waiver constitute a
continuing waiver unless otherwise expressly provided herein, nor shall the waiver of any default
hereunder be deemed a waiver of any subsequent default hereunder.
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h. GOVERNMENTAL IMMUNITY. Nothing herein shall be construed as a waiver of the
rights and privileges of the County or the District pursuant to the Colorado Governmental Immunity Act,
§ 24-10-101, et seq., C.R.S., as amended from time to time.
COUNTERPART EXECUTION. This Agreement may be executed in several counterparts,
each of which shall be deemed an original, and all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, Weld County and South Beebe Draw Metropolitan District have
executed this Intergovernmental Agreement to be effective as of the date first above written.
WELD COUNTY
Attest:
6w-c.or�..a5y-
Clerk to the Board
Deputy C erk to the Boar
Attest:
Approved as to Form:
Wi liam F. Garcia, Chair
DEC 1 8 2013
H BEEBE DRAW METROPOLITAN DISTRICT
Robert A. Lembke, Chairman and President
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Miller & Associates Law Offices, LLC
General Counsel to South Beebe Draw Metropolitan District
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