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Home My WebLink About20090402.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING 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 CERTAIN 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 November 24, 2008, 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 Farms Metropolitan District No. 1 Regarding the Granting of a Petition for Exclusion of Certain Property was marked as received and filed with the Weld County Board of Commissioners by Appellants Michael Welch, Rod Gantenbien, Angie Powell and Jeff Hare, by and through their attorneys, Bernard Lyons Gaddis & Kahn, P.C. ("Appellants"), and WHEREAS, said appeal was of a resolution adopted by the Board of Directors of Beebe Draw Farms Metropolitan District No.1 ("District No. 1") on November 3, 2008, ordering the exclusion of 2,227.118 acres of land from said District as petitioned by REI Limited Liability Company ("REI"), WHEREAS, the Board has reviewed the Appeal of Decision, transcript of the October 20, 2008, Board of Directors meeting, and briefs submitted by the Appellants and by Appellees, District No. 1 and REI, and WHEREAS, the matter came before the Board on February 18, 2009, for oral arguments by Appellants and Appellees. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that, pursuant to Section 32-1-501(5)(b), C.R.S., the Appeal of Decision of the Board of Directors of the Beebe Draw Farms Metropolitan District No. 1 Regarding the Granting of a Petition for Exclusion of Certain Property, be, and hereby is denied, for the following reasons: 1. The Board of Commissioners hereby finds, and the record supports, that the exclusion of the REI Property satisfies the requirements set forth in Section 32-1-501(3), C.R.S. and further orders the REI Property to be excluded pursuant to the "Order by the Board of Directors of Beebe Draw Farms Metropolitan District No. 1 for Exclusion of Real Property" dated November 3, 2008, for the following reasons: a. The exclusion of the REI Property is in the best interests the REI Property. b. The exclusion of the REI Property is in the best interests of District No. 1. c. The exclusion of the REI Property is in the best interests of Weld County. 2009-0402 SD0001 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 CERTAIN PROPERTY PAGE 2 d. The relative cost and benefit to the REI Property justify exclusion of the REI Property. e. District No. 1 will continue to be able to provide services to its residents in an economical and sufficient manner upon exclusion of the REI Property. f. District No. 2 will be able to provide services to the REI Property more efficiently and at a more reasonable cost than if the REI Property remained in District No. 1. g. The exclusion of the REI Petition will have a positive impact on employment and other economic conditions within District No. 1 and the surrounding area. h. Exclusion of the REI Property will have a positive economic impact on the region and on District No. 1, the surrounding area, and the State of Colorado as a whole. An economically feasible alternative service is available to the REI Property through the provision of services by District No. 2. j. No additional costs will be levied on the property remaining in District No. 1 upon exclusion of the REI Property. 2. The Board finds, and the record supports, that the Petition for Exclusion was not legally defective, and that District No. 1's Board had full authority to remove 39 acres of property from the Petition for Exclusion. 3. The Board finds, and the record supports, that District No. 1's Board had authority to accept from REI a promise to pay the costs of the exclusion proceedings, and that the Petition was not legally defective for lack of deposit. 4. The Board finds, and the record supports, that the exclusion of the REI Property does not constitute a material modification of the Service Plan under Section 32-1-207(2), C.R.S. 5. The Board finds, and the record supports, that the exclusion of the REI Property does not constitute a material modification of the Service Plan under the terms of the Service Plan itself. 6. The Board finds, and the record supports, that the Amended and Restated Intergovernmental Agreement between District No. 1 and Beebe Draw Farms Metropolitan District No. 2 does not constitute a material modification of the Service Plan. 2009-0402 SD0001 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 CERTAIN PROPERTY PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of February, A.D., 2009. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: William F. Garcia, Chair Weld County Clerk to the Board Douglas Rademacher, Pro-Tem BY: Deputy Clerk to the Board EXCUSED Sean P. Conway APPROVED AS TO FORM: Barbara Kirkmeyer County Attorney David E. Long Date of signature: 2009-0402 SD0001 Esther Gesick From: Sent: To: Subject: Attachments: \ppellee's Proposed BOCC Resol... Bruce Barker Tuesday, February 17, 2009 8:38 AM Esther Gesick FW: Proposed order/Resolution concerning Bebee Draw Farm Metro District 1 Appellee's Proposed BOCC Resolution (00142619-2).DOC Original Message From: Kristin Bowers[mailto:kbowers©mcgeadysisneros.com] Sent: Monday, February 16, 2009 2:54 PM To: Kathryn Garner; Bruce Barker Cc: Paul Cockrel; MaryAnn McGeady; Richard N. Lyons; Anna Mercurio Subject: RE: Proposed order/Resolution concerning Bebee Draw Farm Metro District 1 All: Attached is the District/REI's proposed Resolution of the BOCC. Bruce - please ignore my earlier email to you regarding the time limits for the hearing - I see you've addressed that in the emails below. The District and REI will be dividing its 30 minutes (with extensions for questions by Council). Thanks. Kristin J. Bowers McGeady Sisneros, P.C. 450 E. 17th Avenue, Suite 400 Denver, CO 80203-1214 (303) 592-4380 phone (303) 592-4385 fax kbowers@mcgeadysisneros.com Original Message From: Kathryn Garner [mailto:kgarner000CFIRM.COM] Sent: Friday, February 13, 2009 4:36 PM To: Kathryn Garner; Bruce Barker Cc: Paul Cockrel; MaryAnn McGeady; Kristin Bowers; Richard N. Lyons Subject: RE: Proposed order/Resolution concerning Bebee Draw Farm Metro District 1 Bruce, We had forgotten about the long weekend. Since Monday is Presidents' Day and your offices are closed, we will send you the resolution by the end of the so that you have it first thing Tuesday morning. Thank you and have a great weekend, Kathryn L. Garner Collins Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, Colorado 80228-1556 303.986.1551 Telephone 800.354.5941 Toll Free 303.986.1755 Facsimile PRIVILEGED COMMUNICATION. This email may contain attorney -client or otherwise privileged and confidential information intended only for the use of the individual or entity named above. Dissemination, distribution or copying of this communication is strictly prohibited. If you are an attorney or law firm, consult Title I of the federal Electronic Communications Privacy Act of 1986. If you believe that this email has been sent to you in error, please reply to the sender that you received the message in error and delete this email. ATTACHMENTS. Although this email and any attachments are believed to be free of any virus, the files should be virus scanned before opening them. Original Message From: Kathryn Garner Sent: Friday, February 13, 2009 4:17 PM To: Bruce Barker Cc: Paul Cockrel; MaryAnn McGeady; Kristin Bowers; 'Richard N. Lyons' Subject: FW: Proposed order/Resolution concerning Bebee Draw Farm Metro District 1 Bruce, Following up on our phone conversation this afternoon, we got our dates crossed and thought that Monday was the deadline for submitting the draft resolutions. However, you stated that you have no issues with us submitting the resolution on Monday. We will be sure to get you the Appellee's resolution Monday morning so that the clerk has sufficient time to prepare the Board packets. Thank you, Kathryn L. Garner Collins Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, Colorado 80228-1556 303.986.1551 Telephone 800.354.5941 Toll Free 303.986.1755 Facsimile PRIVILEGED COMMUNICATION. This email may contain attorney -client or otherwise privileged and confidential information intended only for the use of the individual or entity named above. Dissemination, distribution or copying of this communication is strictly prohibited. If you are an attorney or law firm, consult Title I of the federal Electronic Communications Privacy Act of 1986. If you believe that this email has been sent to you in error, please reply to the sender that you received the message in error and delete this email. ATTACHMENTS. Although this email and any attachments are believed to be free of any virus, the files should be virus scanned before opening them. Original Message From: MaryAnn McGeady(mailto:MMcGeady@mcgeadysisneros.com] Sent: Friday, February 13, 2009 4:04 PM To: Kathryn Garner Subject: FW: Proposed order/Resolution concerning Bebee Draw Farm Metro District 1 Here is Bruce's message MaryAnn M. McGeady McGeady Sisneros, P.C. 450 E. 17th Avenue, Suite 400 Denver, CO 80203-1214 Telephone No.: (303) 592-4380 Facsimile No.: (303) 592-4385 mmcgeady@mcgeadysisneros.com Original Message From: Bruce Barker [mailto:bbarker@co.weld.co.us] Sent: Friday, February 13, 2009 3:40 PM To: Richard N. Lyons Cc: Paul Cockrel; MaryAnn McGeady Subject: RE: Proposed order/Resolution concerning Bebee Draw Farm Metro District 1 Thanks. Paul and MaryAnn: Are you sending one? I checked with the Chairman and he said 30 minutes for each side. The Appellant may split off a portion of that for rebuttal. The Appellants must divide their 30 minutes between them. Bruce Barker. Original Message From: Richard N. Lyons [mailto:RLyons@blglaw.com] Sent: Friday, February 13, 2009 1:56 PM To: Bruce Barker Cc: Paul Cockrel; MaryAnn McGeady Subject: Proposed order/Resolution concerning Bebee Draw Farm Metro District 1 Richard N. Lyons BERNARD LYONS GADDIS & KAHN, PC P.O. Box 978 Longmont, CO 80502-0978 303-776-9900; Facsimile 303-413-1003 rlyons@blglaw.com www.blglaw.com CONFIDENTIALITY STATEMENT: THIS E-MAIL MESSAGE AND ANY ACCOMPANYING DOCUMENTS CONTAIN INFORMATION WHICH IS ATTORNEY PRIVILEGED, CONFIDENTIAL 3 AND INTENDED ONLY FOR THE USE OF THE ABOVE -NAMED RECIPIENT. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, PRINTING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR RETURN THE E-MAIL MESSAGE TO US. THANK YOU. The information contained in this communication is confidential, may constitute inside information, is intended only for the use of the addressee, and is the property of McGeady Sisneros PC. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail and destroy this communication and all copies thereof, including all attachments. The information contained in this communication is confidential, may constitute inside information, is intended only for the use of the addressee, and is the property of McGeady Sisneros PC. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail and destroy this communication and all copies thereof, including all attachments. 4 Hello