HomeMy WebLinkAbout20081134.tiff DISTRICT COURT, COUNTY OF WELD,
STATE OF COLORADO EF LED Document—District Court
901 9th Avenue I9Cv 14185
P.O. Box 2038 CO Weld County District Court 19th.11)
Greeley, CO 80631 Filing Date:Mar 10 2008 9:01AM MBE
Filing ID: 18916327
Phone: (970) 351-7300
In The Matter of: DACONO SANITATION DISTRICT COURT USE ONLY
Roy S. Howard, #6380 Case Number: 1959CV14185
Attorney for the District
1419 Armstrong Drive
Longmont, CO 80501
Telephone: (303) 772-3326 Division 1 Courtroom
Email: royshoward@aol.com
ORDER AND DECREE DISSOLVING THE DACONO SANITATION DISTRICT
THIS MATTER CAME BEFORE THE COURT on the Motion for Order and
Decree Dissolving the Dacono Sanitation District ("District") filed by the District. Having
considered the Motion, and the file in this case, including but not limited to, the Petition
for Dissolution previously filed by the District, the Court hereby finds, orders, and
decrees as follows:
FINDINGS
1. On October 19, 2007, the District filed a Petition for Dissolution with this Court
("Petition"). The Petition states that the District and the St. Vrain Sanitation District ("St.
Vrain") entered into an agreement ("Dissolution Agreement") and developed a plan
("Plan of Dissolution") for the dissolution of the District, whereby subject to voter
approval, St. Vrain will (i) accept all of the assets and property of the District; (ii) assume
all the District's liabilities, if any; (iii) continue all existing sanitation service provided by
the District; and (iv) include all territory within the District into St. Vrain.
2. On November 28, 2007, and after publication and posting of all notices
required by law, and after conducting a hearing on the Petition for Dissolution, the Court
found that the Petition was filed in accordance with the provisions of § 32-1-702, C.R.S.,
and that the Plan of Dissolution was adequate and complied with the provisions of §
32-1-704, C.R.S., and entered an Order directing that the question of the District's
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dissolution be submitted to the eligible electors of the District at a special election to be
held on February 5, 2008 ("Dissolution Election").
3. This Court in Case No. 85CV1166 also entered an Order directing that the
question of the inclusion of all territory within the District into St. Vrain be submitted to
the eligible electors of the District at the same February 5, 2007, special election
("Inclusion Election").
4. Both the Dissolution Election and the Inclusion Election were conducted by
the same Designated Election Official, Tammy K. Tinney of R.S. Wells, LLC, and said
elections were conducted in accordance with all applicable statutory provisions,
including but not limited to Articles 1 through 13, Title 1, C.R.S., and Part 8 of Article 1,
of Title 32, C.R.S.
5. All ballots that were cast at said Elections were cast by eligible electors of the
District and the Board of Canvassers has certified the results of the Elections to this
Court, as required by law, which returns show the Elections results to be as follows:
BALLOT QUESTION NO. 1A— Dissolution Election
Shall the Dacono Sanitation District be dissolved and its service responsibilities, assets,
and liabilities be transferred to the St. Vrain Sanitation District pursuant to the Petition
for Dissolution filed October 19, 2007, in Civil Action No. 1959CV14185 in the Weld
County District Court and in accordance with law and the terms and conditions of the
Dissolution Agreement between the Dacono Sanitation District and the St. Vrain
Sanitation District dated September 18, 2007?
NUMBER OF VOTES YES: 216
NUMBER OF VOTES NO: 19
BALLOT QUESTION 1A— Inclusion Election
Shall the area now included within the Dacono Sanitation District become part of
the St. Vrain Sanitation District, subject to the qualified electors' simultaneous
approval of the dissolution of the Dacono Sanitation District pursuant to the terms
and conditions of the Dissolution Agreement dated September 18, 2007,
between the St. Vrain Sanitation District and the Dacono Sanitation District?
Number of votes YES: 231
Number of votes NO: 23
6. The majority of the votes cast at the Dissolution Election were in favor of the
dissolution of the District, and the majority of votes cast at the Inclusion Election were in
favor of the inclusion of the District's territory into St. Vrain. Both ballot questions
needed to pass in order for the District to be dissolved.
7. The District's territorial boundaries, as generally described on Exhibit A are or
will soon be located within St. Vrain pursuant to an Inclusion Order that either has or will
be entered by this Court in Case No. 85CV1166.
8. From and after the date of the District's dissolution, St. Vrain will continue the
wastewater sanitation service previously provided by the District in accordance with and
as more particularly set forth in the Dissolution Agreement.
9. As of May 1, 2008, the District will have no employees. St. Vrain will operate
the District's wastewater collection system as more particularly provided in the
Dissolution Agreement. All current employees of the District have been provided with
severance compensation in the amount equal to one year of annual salary.
10. The Plan of Dissolution for the District as previously approved by this Court is
adequate and conforms to and is in compliance with all the requirements of Part 7 of
Article 1 of Title 32, and in particular § 32-1-702(3),(4), and (5), C.R.S.
11. Dissolution of the District is in the best interest of the District and its
inhabitants and St. Vrain and its inhabitants.
12. All statutory conditions precedent to the entry of an Order Dissolving the
District have been satisfied in full.
NOW, THEREFORE, IT IS ORDERED AND DECREED AS FOLLOWS:
1. Pursuant to the provisions of§ 32-1-707(1)(a), C.R.S., the District, whose
territorial boundaries are generally described on Exhibit A attached hereto and
incorporated herein by this reference, is hereby DISSOLVED FOR ALL PURPOSES
effective May 1, 2008. Any deficiencies or inaccuracies in the attached legal description
shall in no way affect the validity of this Dissolution Order and Decree.
2. The District's Board of Directors' terms of office shall be terminated effective
May 1, 2008.
3. To the extent not already transferred, all property of the District, both real and
personal, including all intangible assets of the District shall become the property of the
St. Vrain, without any further act of conveyance or transfer on the part of either the
District or St. Vrain as of the date of this Order.
4. St. Vrain shall comply with all of the terms and provisions of the Dissolution
Agreement which is incorporated herein by reference as if fully set forth herein.
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5. The District has no unfunded financial obligations. All monies transferred to
St. Vrain by the District for the purpose of paying the District's short-term liabilities as
they become due, if any, shaft be used by St. Vrain for that purpose and no other until
said liabilities are fully discharged. In accordance with the provisions of § 32-1-708(1),
C.R.S., all funds of the District transferred to St. Vrain in excess of those needed to pay
the District's short-term financial obligations, shall be used by St. Vrain to reduce the
rates, tolls, fees, and charges fixed by St. Vrain for continuing sanitation services within
the District.
6. The District's Board of Directors, or its designee is hereby directed to file a
copy of this Order and Decree of Dissolution with the Weld County Clerk and
Recorder's office for recording upon the public records of Weld County, Colorado.
Copies of this Order and Decree shall also be filed with the Division of Local
Government in the Department of Local Affairs, State of Colorado, and with the Weld
County Assessor. Al! costs for such filings shall be paid from the remaining funds of the
District.
DATED this 10 day of March 2008.
BY THE COURT:
Roger''A lein
DistrictCourt Judge
This document was filed pursuant to C.R.C.P. 121, §' 1-26. A printable version of the electronically
signed order iv available In the Court's electronic,Pie.
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EXHIBIT A
Morgan & Associates, Inc.
EFILEDDEqual n�D District Opportunity Conpw
1959CV 1418.5
CO Weld County District Court 19th JD
Filing Date:Mar 10 2008 9:01AM MDT
Filing ID: 18916327
DISTRICT BOUNDARY DESCRIPTION
for
DACONO SANITATION DISTRICT
The Dacono Sanitation District includes the following described area located in the
County of Weld, State of Colorado:
SEC(ION b:
All of Section 6,Township I North,Range 67 West of the 6th P.M.
SECTION!:
That part of the East 1/2 of Section 1,Township 1 North,Range 68 West of the eh P.M.
described as follows:
Beginning at the Northeast corner of the East %2 of Section I,Township 1 North, Range
68 West of the 6th P.M., said point being the True Point of Beginning; thence S
00°00'00"E,along the East line of said Section 1 a distance of 5291.84 feet to the
Southeast corner of said Section 1;thence leaving the East line of Section 1 N 89°14'48"
W along the South line of said Section 1 a distance of 1840.82 feet; thence leaving said
South line of Section 1 N 19°15'39"E a distance of 5579.97 feet to the True Point of
Beginning.
Said parcel includes those properties described in Quit Claim deeds recorded at
Reception No's. 2879582,3040461 and 3347968.All of RXTHERMAL Subdivision
recorded at Reception No.2624448,all of Grand Divide Business Park Subdivision
recorded at Reception No. 2761443,all of Grand Business Park Subdivision Replat A
recorded at Reception No.3165365,all of Grand Business Park Subdivision Replat B
recorded at Reception No. 3473645 and all of Grand Business Park Subdivision Replat C
recorded at Reception No. 3473645.
I, Leslie E. Morgan, a licensed Professional Land Surveyor in the State of Colorado, do
hereby state that this district boundary description is accurate to the best of my
Icnowledigrice and belief.
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DACONO SANITATION DISTRICT
April 1, 2008
Weld County Commissioners
P.O. Box 758
Greeley, CO 80632
To Whom It May Concern:
Effective May 1, 2008 Dacono Sanitation District will be dissolved and
become part of St. Vrain Sanitation District. Please forward all
correspondence to this address:
St. Vrain Sanitation District
11307 Business Park Circle
Firestone, CO 80504
Phone # (303) 776-9570
Fax # (303) 485-1968
Thank you,
Dacono Sanitation District
217 4th Street, P.O. Box 204, Dacono, Colorado 80514 303-833-2206 fax 303-833-4701
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