HomeMy WebLinkAbout20122946.tiff January 2012
PETITION FOR INCLUSION OF LANDS IN
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
TO THE BOARD OF DIRECTORS OF NORTHERN COLORADO
WATER CONSERVANCY DISTRICT
1. All the owner(s) of lands situated in the County of Weld, State of Colorado,hereby
petition(s)and pray(s)that the lands hereinafter described be included in said Northern
Colorado Water Conservancy District("Northern Water").
2. The description of the lands owned by the Petitioner(s) is as follows:
PETITIONER DESCRIPTION SEC.TWP.RGE. ACRES
Troy and Judy Hefner 4343 Weld County Road 6,Erie S23 T1N R68W 10
TOTAL ACRES INCLUDED 10
CURRENT ASSESSED VALUATION OF LANDS AND
IMPROVEMENTS TO BE INCLUDED $16,240 x .0155 $ 16,240.00
AMOUNT OF NORTHERN WATER FACILITIES
FEE ENCLOSED $ 251.72
AMOUNT OF NORTHERN WATER PROCESSING
FEE ENCLOSED $ 200.00
TOTAL $ 451.72
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3. A plat of the above described property is attached hereto as Appendix "C."
4. All the owner(s) of the above described property hereby agree(s)to pay to Northern Water an
amount which is equal to the ad valorem taxes which would have been paid to Northern
Water by the owners of the above described lands if said lands had been included within the
boundaries of Northern Water at the time of its creation. This amount will be calculated in
accordance with the policy of Northern Water, a copy of which is attached as Appendix "B."
5. MI the owner(s)of the above described property and their heirs, successors, and assigns
hereby agree to be bound by the Water Conservancy Act,C.R.S. ' 3745-101 et. seq.,as
amended from time to time,and all rules,regulations,and policies of Northern Water as
amended or changed from time to time.
6. All of the owner(s) of the above described property hereby agree(s)that inclusion of the above
described lands into Northern Water is conditioned on present and future payment of the same
mill levies and special assessments as are levied or will be levied on other similarly situated
property in Northern Water at the time of inclusion of the Petitioner(s)lands. If such payments
are not made on such equal basis,the inclusion of the lands can be terminated for non-
compliance with this condition if payments are not otherwise made.
7. All the owner(s) of the above described property have executed Appendix "A" attached
hereto.
THIS PETITION INCLUDING APPENDIX"A" MUST BE SIGNED
BY ALL OF THE OWNERS OF THE ABOVE DESCRIBED PROPERTY
111_LE
(if in relation to
a Partnership or a
SIGNATURES Corporation) ADDRESS
``\.„,.\\Nl Troy Hefner,Owner 370 County Rd 16.5
Longmont,CO 80504 S 7,/ ie/4 „.._.7Judy Hefner, Owner 370 County Rd 16.5
(//1 Longmont,CO 80504
STATE OF COLORADO )
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County of 67)c.4161-tit— )
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The foregoing instrument was acknowledged before me this /a day of �Gt.( �1 ,
A.D. 20)2 ,by Tic9 :-14 N-f r C(ri 0' iA (� �I ill €{✓i-P r
NOTARY PUBLIC
a p I ,W oio/a
F----Witnetieal_ My commission expires:
STATE OF COLORADO ..,-.---
kit),or ,.icsicr,;.air,;s: /;..__ $o1v2 Notary Public
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APPENDIX "A"
Purpose
The purpose of this covenant is to subject Petitioner's property,described in the petition for inclusion and
court order for inclusion,to the same mill levies and special assessments as are levied or will be levied on
other similarly situated property in the Northern Colorado Water Conservancy District("Northern Water")at
the time of inclusion of Petitioner's lands.
Waiver
Petitioner hereby waives any right which may exist to require an election pursuant to article X, ' 20 of the
Colorado Constitution before Northern Water can impose the mill levies and special assessments specified
below. Petitioner also waives any right which may exist to a refund pursuant to article X, ' 20 of the
Colorado Constitution.
Mill Levies and Special Assessments
Upon inclusion into Northern Water, and as an express condition thereof,Petitioner covenants to pay the
following mill levies and special assessments:
I. Any Class A mill levy or special assessment levied annually by Northern Water and imposed on
other similarly situated property within Northern Water.
2. If Petitioner's property is now or is in the future located within a municipality which has an
existing or future Class B Allotment of water by Northern Water, and if said municipality defaults
on payment of its obligations under any existing or future Class B allotment contract(s)with
Northern Water, Petitioner agrees to pay any special assessment levied by the Board of Directors
of Northern Water for the purpose of collecting amounts due under the allotment contract(s).
3. Any amount due under any existing or future Class D allotment contract on Petitioner's property.
Covenant to Run with the Land
This covenant will run with and burden the property described in the petition for inclusion and court order for
inclusion and binds all future owners of the property.
ALL OWNERS OF THE ABOVE DESCRIBED PROPERTY MUST SIGN THIS APPENDIX "A."
DATE SIGNATURES ADDRESS
�DR /27-"@
APPENDIX"B"
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
RESOLUTION
D-1079-02-03
COLORADO-BIG THOMPSON FACILITIES INCLUSION FEE
WHEREAS,the inclusion of lands into the Northern Colorado Water Conservancy District(Northern Water)makes those lands
eligible to receive water from the Colorado-Big Thompson(C-BT)Project facilities;and
WHEREAS,those lands included within Northern Water commencing in 1938 have contributed to the cost of construction
repayment,operation,maintenance,replacement,and administration of the C-BT Project since the time of their inclusion through
the generation of ad valorem taxes;and
WHEREAS,fairness and equity require that lands newly included within Northern Water be placed on the same basis as those
lands originally included within Northern Water so that all lands included within Northern Water will have contributed
approximately equally to the support of the C-BT Project.
NOW,THEREFORE,BE IT RESOLVED THAT:
I. A fee shall be charged in connection with the inclusion of lands into Northern Water for the purpose of placing
such lands on an equal basis with lands previously included within Northern Water.This fee shall be calculated as
follows:
The sum of the historical (1937 to current year) ad valorem tax revenues received by Northern Water from
Larimer,Weld,and Boulder Counties and that portion of the City and County of Broomfield that was formerly
part of Boulder and Weld Counties,divided by the current assessed valuation of Northern Water lying within
those same counties times the current assessed valuation of the property and improvements to be included.
Example:
Revenues From 4 Counties To Date x Current Assessed Valuation of Property
Current Assessed Valuation of and Improvements to Be Included
Northern Water Within 4 Counties
For Calendar Year 2011:
$205,247,959 x Current Assessed Valuation of Property and Improvements
$13,255,080,516
or 0.0155 x Current Assessed Valuation of Property and Improvements
The ratio determined above will be re-computed annually by Northern Water based on the most recent calendar-
year assessed valuation and will be made available upon request.It will be the responsibility of the petitioner to
furnish the current assessed valuation of the property and improvements to be included at the time the petition for
inclusion is submitted to Northern Water.
2. As an alternative, Northern Water C-BT facilities inclusion fee may be calculated as the total amount of ad
valorem taxes on the property and improvements to be included which would have been collected by Northern
Water under its annual historic mill levy had the lands been included in Northern Water from 1937 to the date of
the petition for inclusion.The petition to Northern Water for inclusion,if this alternative is selected by petitioner,
shall be accompanied, or supplemented by, a certified list of annual assessed valuations on the property and
improvements to be included from 1937 to the date of the petition for inclusion.
3. In its discretion in individual cases involving a large number of individual parcels of property to be included,the
Board may permit the method described in Section 2 above to be applied to a representative sample of the parcels
of property to be included to determine a factor that would then be applied to the current assessed valuation of all
of the property and improvements to be included.
4. Satisfactory arrangements for payment of fees must be made with Northern Water before the inclusion will be
approved by the Board of Directors.
5. The previous Board Resolution D-986-02-97 is hereby repealed.
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