HomeMy WebLinkAbout20090804.tiffRESOLUTION
RE: APPROVE HOLDING IN ABEYANCE OF APPEAL OF DECISION OF THE BOARD OF
DIRECTORS OF BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 1
REGARDING THE GRANTING OF A PETITION FOR EXCLUSION OF 39 -ACRE
PROPERTY
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, on February 25, 2009, pursuant to Section 32-1-501(5) (b) (I), C.R.S., an
Appeal of Decision of the Board of Directors of the Beebe Draw Metropolitan District No. 1
Regarding the Granting of a Petition for Exclusion of Certain Property (39 acres) was marked as
received and filed with the Weld County Board of Commissioners by Appellants Michael Welch,
Rod Gantenbien, Angie Powell and Jeff Hare (hereinafter referred to as "Second Beebe Draw
Metro Appeal"), and
WHEREAS, the Second Beebe Draw Metro Appeal was of a resolution adopted by the
Board of Directors of Beebe Draw Metropolitan District No. 1 on February 9, 2009, ordering the
exclusion of 39 acres of land from said District as petitioned by REI Limited Liability Company, and
WHEREAS, the Board previously considered an Appeal of Decision of the Board of
Directors of the Beebe Draw Metropolitan District No. 1 Regarding the Granting of a Petition for
Exclusion of Certain Property consisting of 2,266.118 acres (hereinafter referred to as the "First
Beebe Draw Metro Appeal"), with the Board issuing a Resolution dated February 23, 2009, granting
the First Beebe Draw Metro Appeal and thereby denying such exclusion, and
WHEREAS, the Appellants, through their spokesperson, Jeff Hare; Appellee Beebe Draw
Farms Metropolitan District No. 1, represented by Paul Cockrell, Esq.; Appellee REI Limited Liability
Company, represented by MaryAnn McGeady, Esq., and Kristin Bowers, Esq., and the Weld
County Attorney have agreed that it is preferable to have the Second Beebe Draw Metro Appeal
be held by the Board in abeyance pending the decision of the District Court in the First Beebe Draw
Metro Appeal.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that, the Second Beebe Draw Metro Appeal be, and hereby is, to be held by the
Board in abeyance pending the decision of the District Court in the First Beebe Draw Metro Appeal.
2009-0804
SD0001
HOLDING IN ABEYANCE OF APPEAL OF DECISION OF THE BOARD OF DIRECTORS OF
BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 1 REGARDING THE GRANTING OF
A PETITION FOR EXCLUSION OF 39 -ACRE PROPERTY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 6th day of April, A.D., 2009.
ATTEST:
Weld County Clerk to the B
BY-
Depp, Cler o the Board
APPROV' I A' ORM:
u ty Attorney
Date of signature. qbq (0
BOARD OF C
WELD � 3JN
NTY COMMISSIONERS
COLORADO
iam F. Garcia, Chair
fx c
uglas Rademacher, Pro-Tem
Sean P. Conway
Bar ra Kirkmeyer %
1 E i,.(y
David E. Long
2009-0804
SD0001
Hello