HomeMy WebLinkAbout20110334 RESOLUTION
RE: APPROVE FIRST AMENDMENT TO SERVICE PLAN FOR ST. VRAIN SANITATION
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 First Amendment to the Service
Plan concerning the St. Vrain Sanitation District, was filed with the Weld County Board of
County Commissioners on November 23, 2010, and
WHEREAS, on December 6, 2010, by Resolution #2010-2871, the Board of County
Commissioners scheduled a public hearing on the First Amended Service Plan, to be held at
9:00 a.m. on February 2, 2011, and
WHEREAS, notice of the date, time, location, and purpose of said hearing was duly
published in the Fort Lupton Press on December 22, 2010; 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 levied an ad valorem tax within the next
preceding tax year and which has 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 January 18, 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 February 2, 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
First Amended 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 First Amended Service Plan meets the criteria
contained within Section 32-1-203, C.R.S., and
WHEREAS, no written requests for exclusion were submitted to the Board from any
property owners or owners within the boundaries of the proposed District.
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3 I 1 ! 2011-0334
SD0006
APPROVE FIRST AMENDED SERVICE PLAN - ST. VRAIN SANITATION DISTRICT
PAGE 2
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 First
Amended Service Plan.
Section 3. Based upon the information contained within the First Amended 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 First Amended Service Plan
in the area to be serviced by the proposed Amended District.
B. The existing services in the area to be served by the proposed
Amended District are inadequate for present and projected needs.
C. The proposed Amended District is capable of providing
economical and sufficient services to the area within its proposed
boundaries.
D. The area to be included in the proposed Amended District 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.
F. The facilities and service standards of the proposed Amended
District 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.
2011-0334
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APPROVE FIRST AMENDED SERVICE PLAN - ST. VRAIN SANITATION DISTRICT
PAGE 3
G. The First Amended Service Plan is in substantial compliance with
the Weld County Comprehensive Plan and the Weld County
Code.
H. The creation of the proposed Amended District will be in the best
interest of the area proposed to be served.
Section 4. The First Amended Service Plan of the proposed Amended District 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of February, A.D., 2011.
�� E 1-. . • BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL DO
A * : (` JL 4IrkmeyZ7
We t ?Elefk.to the Board
Sean P o , Pro-Tem
BY: ! .
Deputy Clerk to the Boar
> mF. Gar ._
APPROVED AS Tb FORM: 4 (
David E. Long
County Attorney EXCUSED
Douglas Rademacher i
Date of signature: v�0 G 7/
2011-0334
SD0006
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