HomeMy WebLinkAbout20110717 RESOLUTION
RE: APPROVE AMENDED AND RESTATED CONSOLIDATED SERVICE PLAN FOR
BEEBE DRAW FARMS METROPOLITAN DISTRICTS NOS. 1 AND 2
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., an Amended and Restated
Consolidated Service Plan concerning the Beebe Draw Farms Metropolitan Districts Nos. 1
and 2, was filed with the Weld County Board of County Commissioners, and
WHEREAS, on January 26, 2011, by Resolution #2011-0304, the Board of County
Commissioners scheduled a public hearing on the Amended and Restated Consolidated
Service Plan to be held at 9:00 a.m. on March 16, 2011, and
WHEREAS, notice of the date, time, location, and purpose of said hearing was duly
published on February 9, 2011, in the Fort Lupton Press, the County legal newspaper, and in
the Greeley Tribune on February 10, 2011; notice of the name and type of the proposed district
was provided to the Division of Local Affairs; and notice of the date, time and location of said
hearing was provided to the Petitioners, 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, the Weld County Planning Commission considered the Consolidated
Service Plan at its meeting on March 1, 2011, and presented its favorable recommendation to
the Board of County Commissioners at its hearing on this matter, as required by
Section 32-1-204(2), C.R.S., and
WHEREAS, the Board did, on March 16, 2011, 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 Amended and Restated Consolidated
Service Plan and all testimony and other evidence presented to it in this matter relating to said
Amended and Restated Consolidated Service Plan, including the favorable recommendation of
the Weld County Planning Commission, and
WHEREAS, the Board, after consideration of all testimony and other evidence presented
to the Board in this matter, finds that the Amended and Restated Consolidated Service Plan
meets the criteria contained within Section 32-1-203, C.R.S., and
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APPROVE AMENDED AND RESTATED CONSOLIDATED SERVICE PLAN - BEEBE DRAW
FARMS METROPOLITAN DISTRICTS NOS. 1 AND 2
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WHEREAS, no written requests for exclusion were submitted to the Board from any
property owners or owners within the boundaries of the proposed Districts.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that:
Section 1. The Board hereby determines that all of the jurisdictional and other
requirements of Sections 32-1-202 and 32-1-204, C.R.S., have been
fulfilled, including those relating to the filing and form of the Service Plan,
the form and publication of the public hearing on the Service Plan, and
the type of public hearing held herein, and that, pursuant to
Section 32-1-204(1) the petitioners did give proper and timely notification
of the hearing to the governing body of any existing municipality or
special district which levied an ad valorem property tax in 2010, and
which has boundaries within a radius of three miles from the boundaries
of the proposed Districts.
Section 2. The Weld County Planning Commission has considered this matter, as
required by law, and has favorably recommended approval of the
Amended and Restated Consolidated Service Plan.
Section 3. Based upon the information contained within the Amended and Restated
Consolidated Service Plan, and evidence presented to the Board at the
hearing, the Board hereby finds and determines as follows:
A. There is sufficient existing and projected need for organized
services of the nature proposed in the Amended and Restated
Consolidated Service Plan in the area to be serviced by the
proposed Amended Districts.
B. The existing services in the area to be served by the proposed
Amended Districts are inadequate for present and projected
needs.
C. The proposed Amended Districts are capable of providing
economical and sufficient services to the area within its proposed
boundaries.
D. The area to be included in the proposed Amended Districts has, or
will have, the financial ability to discharge the proposed
indebtedness on a reasonable basis.
E. Adequate services are not, and will not be, available to the area
through Weld County or other municipal or quasi-municipal
corporations, including special districts, within a reasonable time
and on a comparable basis.
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APPROVE AMENDED AND RESTATED CONSOLIDATED SERVICE PLAN - BEEBE DRAW
FARMS METROPOLITAN DISTRICTS NOS. 1 AND 2
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F. The facilities and service standards of the proposed Amended
Districts are, or will be, compatible with the facilities and service
standards of Weld County and of each municipality and special
district which is an interested party hereto.
G. The Amended and Restated Consolidated Service Plan is in
substantial compliance with the Weld County Comprehensive Plan
and the Weld County Code.
H. The creation of the proposed Amended Districts will be in the best
interest of the area proposed to be served.
Section 4. The Amended and Restated Consolidated Service Plan of the proposed
Amended Districts be, and hereby is, approved.
Section 5. The Clerk to the Board be, and hereby is, directed to advise the
Petitioners, in writing, of this action and to attach a certified copy of this
Resolution for the purpose of filing the same with the District Court of
Weld County.
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.
Section 8. This Resolution is necessary for the health, safety, and welfare of the
citizenry of Weld County.
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APPROVE AMENDED AND RESTATED CONSOLIDATED SERVICE PLAN - BEEBE DRAW
FARMS METROPOLITAN DISTRICTS NOS. 1 AND 2
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of March, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, O ORADO
ATTEST: 6 h Pik
rbara Kirkmeye , Chair
Weld County Clerk to aB
pp �� Rs Sean P. y, Pro-Tem
BY:
Deputy Clerk to the Boat%.�.
m F. Garcia
APR FORM:
E. Long
u y Attorney l wz •
uglas a emac
Date of signature: 4avii
2011-0717
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