HomeMy WebLinkAbout20112314.tiff RESOLUTION
RE: DISMISSAL OF PENDING QUINQUENNIAL REVIEW OF BEEBE DRAW FARMS
METROPOLITAN DISTRICTS #1 AND #2
WHEREAS, Beebe Draw Farms Metropolitan District No. 1 and Beebe Draw Farms
Metropolitan District No. 2 (the "Districts") are duly organized and validly existing special
districts, quasi-municipal corporations and political subdivisions of the State of Colorado
pursuant to Title 32, Colorado Revised Statutes; and
WHEREAS, on May 14, 1986, Weld County (the "County") approved a Service Plan
allowing for the establishment of Beebe Draw Farms Metropolitan District No. 1 ("District
No. 1"); and
WHEREAS, the County approved a Consolidated Service Plan in May, 1999, to
effectuate the organization of Beebe Draw Farms Metropolitan District No. 2 ("District No. 2"),
and
WHEREAS, on April 29, 2009, the Weld County Board of County Commissioners (the
"Commissioners") approved Resolution #2009-1028 — Board of County Commissioners Request
of Quinquennial Findings of Reasonable Diligence (the "Quinquennial Resolution") requiring the
Districts to provide a quinquennial report pursuant to Section 32-1-1101.5, C.R.S., and
WHEREAS, on March 16, 2011, the Amended and Restated Consolidated Service Plan
for the Districts ("2011 Amended Service Plan") was approved by the County, and
WHEREAS, the 2011 Amended Service Plan required that several items be completed
by the Districts prior to the end of the Compliance Period, as defined therein, and that written
notice of the completion of these items be provided to the Commissioners within thirty (30) days
of the expiration of the Compliance Period, and
WHEREAS, these items, as described below, have all been completed by the Districts
and County Attorney, Bruce Barker, was notified via email of their completion on May 31, 2011,
and
WHEREAS, due to the completion of these items, the need for the Districts to submit a
quinquennial report to the County Commissioners has been rendered moot, and
NOW, THEREFORE, BE IT RESOLVED by the County Commissioners that the Districts
have completed all of the following items as set forth below and further described in the 2011
Amended Service Plan under the Definition of Compliance Period and, therefore, the pending
request for a quinquennial review as required by the Quinquennial Resolution is hereby
dismissed:
1. Passage of the November 2, 2010, election: Completed on November 2, 2010.
2. Obtaining Approval of the Service Plan from the County: Completed on
March 16, 2011.
3. Process and Finalize the Exclusion of the 82 lots from District No. 1 and include
the same lots into District No. 2: The Orders for Inclusion and Exclusion were
approved by the respective Districts on December 6, 2010, and the Orders for
mcGW 2011-2314
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DISMISSAL OF PENDING QUINEQUENNIAL REVIEW OF BEEBE DRAW FARMS
METROPOLITAN DISTRICTS #1 AND #2
PAGE 2
Inclusion and Exclusion were recorded in the real property records of Weld
County on March 30, 2011.
4. Transferring Revenues to the Authority (less the District Administrative Costs):
At the District No. 1 and District No. 2 Board meetings held on May 10, 2011, the
Districts approved and authorized the transfer of revenues to the Authority, after
payment of the Districts' May 2011 outstanding invoices (the transfers were also
reflected in the Districts' 2011 Budget Amendments, described below).
5. Transferring all assets to the Authority as described in the Authority
Establishment Agreement: At the District No. 2 and Authority Board meetings
held on May 10, 2011, District No. 2 assigned all improvements to the Authority
by execution of a Bill of Sale and the Authority accepted and executed such Bill
of Sale. In addition, District No. 2 approved a Bargain and Sale Deed conveying
all real property District No. 2 owns to the Authority and the Authority accepted
such conveyance.
6. Holding public meetings to establish and appoint the Members to the Authority:
At their Board meetings held on April 12, 2011, District Nos. 1 and 2 approved
the Authority Establishment Agreement establishing the Authority and each
District appointed two members to the Authority. The members of the Authority
Board consist of Jeff Hare and Mike Welch from District No. 1 and Christine
Hethcock and Joe Knopinski from District No. 2.
7. Conducting a 2011 Budget Hearing for the Authority: At the Authority Board
meeting held on May 10, 2011, the Authority approved and adopted a 2011
Budget.
8. Conducting 2011 Budget Amendment Hearings for District No. 1 and District
No. 2: At their Board meetings held on May 10, 2011, the Districts approved
2011 Budget Amendments which reflected the transfer of revenues to the
Authority.
9. Establishing the Accounts and Subaccounts described in the Authority
Establishment Agreement: At the Authority Board meeting held on May 10,
2011, the Authority authorized and instructed the Authority's accountant to
establish the Accounts and Subaccounts described in the Authority
Establishment Agreement.
10. E-Mail Communication Reporting the Completion of all Items set forth above was
provided to the County Attorney, Bruce Barker, on May 31, 2011.
2011-2314
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DISMISSAL OF PENDING QUINEQUENNIAL REVIEW OF BEEBE DRAW FARMS
METROPOLITAN DISTRICTS #1 AND #2
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of August, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO$ADO
ATTEST:
Kirkmeyer, hair
Weld County Clerk to the B E. a
p � �. v � � Sean P. C Pro-Tem
BY: ..emu e.. _
Deputy CI k to the Bo ' '
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WilliGar 'a
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APP D RM: Q„
David E. Long
oufity Attorney EXCUSED
Douglas Rademacher
Date of signature: 9-x"/l
2011-2314
SD0001
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