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Home My WebLink About20060539.tiff RESOLUTION RE: APPROVE SERVICE PLAN FOR PROPOSED PIONEER METROPOLITAN DISTRICT NO. 2 (FINANCING 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 Service Plan concerning the proposed Pioneer Metropolitan District No. 2 (Financing District)was filed with the Weld County Board of County Commissioners, and WHEREAS, on January 4, 2006, by Resolution #2006-0023, the Board of County Commissioners scheduled a public hearing on the Service Plan to be held at 9:00 a.m. on February 6, 2006, and WHEREAS, notice of the date, time, location, and purpose of said hearing was duly published in The Fort Lupton Press, the county legal newspaper, on January 18, 2006 and the Greeley Tribune on January 17, 2006; notice was provided to the Division of Local Affairs of the name and type of the proposed district;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 had levied an ad valorem tax within the next preceding tax year and which had boundaries within a radius of three(3)miles of the proposed district,and to said Division,as required by Section 32-1-202(1), C. R. S., and Section 32-1-204(1), C. R. S., and WHEREAS,the Weld County Planning Commission studied and considered the Service Plan at its meeting on December 20, 2005, at which time said Commission adopted a Resolution recommending denial of said Service Plan for various reasons as more specifically stated therein, which recommendation was subsequently presented 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 6,2006,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 Service Plan and all testimony and other evidence presented to it in this matter relating to said Service Plan, including the unfavorable 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 Service Plan meets the criteria contained within Section 32-1-203, C. R. S., as amended, and WHEREAS,no written requests for exclusion were submitted to the Board. 2006-0539 CL .°4 L SD0126 APPROVE SERVICE PLAN - PROPOSED PIONEER METROPOLITAN DISTRICT NO. 2 (FINANCING 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 notice of the hearing on the Service Plan, and the type of public hearing held herein, and that, pursuant to Section 32-1-204(1.5) the petitioners did give proper and timely notification of the hearing to the property owners within the proposed district. Section 2. The Weld County Planning Commission has considered this matter as required by law and has unfavorably recommended approval of the Service Plan. Section 3. Based upon the information contained within the 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 Service Plan in the area to be serviced by the proposed District. B. The existing services in the area to be served by the proposed District are inadequate for present and projected needs. C. The proposed 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 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 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. G. The Service Plan is in substantial compliance with the Weld County Comprehensive Plan and the Weld County Code. 2006-0539 SD0126 APPROVE SERVICE PLAN - PROPOSED PIONEER METROPOLITAN DISTRICT NO. 2 (FINANCING DISTRICT) PAGE 3 H. The creation of the proposed District will be in the best interest of the area proposed to be served. Section 4. The Service Plan of the proposed District be, and hereby is, approved, subject to the following conditions: A. The Service Plan shall be revised to state that the proposed District is prohibited from issuing debt prior to the approval of a Comprehensive Plan amendment which anticipates land use designations substantially similar to the land use designation set forth in the Comprehensive Plan amendment submitted for County review on October 19, 2005. B. The Service Plan shall be revised to incorporate an alternative financial plan which would present the impact of a 30-year absorption of the projected build-out of development within the Service Area. C. The Service Plan shall be revised to state that control of the proposed Service District will be transitioned to the Financing Districts by way of an Intergovernmental Agreement when all of the public improvements necessary to serve the Service Area have been financed and constructed. D. The Service Plan shall be revised to state that the Districts shall have the ability to participate in the financing and construction of any off-site transportation or road improvements which are required by the County to service the development within the Service Area. 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. 2006-0539 SD0126 APPROVE SERVICE PLAN - PROPOSED PIONEER METROPOLITAN DISTRICT NO. 2 (FINANCING DISTRICT) PAGE 4 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 6th day of February, A.D., 2006. BOARD OF CO COMMISSIONERS WELD COUN , COLORADO idecmiv M. J. si.e ha Masi . lerk to the Board 1 W 4 David E. Long, Pro-Terri �.:,•� ty Clerk to the Board Willia Jerke APPR AST ORM: A ►V r__ Robert D. Masd n my Attorney Glenn Vaa Date of signature: 44_4/ P l- 2006-0539 2006-0539 SD0126 SERVICE PLAN FOR PIONEER METROPOLITAN DISTRICT NO. 2 (Financing District) (COUNTY OF WELD, COLORADO) Submitted: October 27, 2005 Resubmitted: January 13, 2006 PREPARED BY: McGEADY SISNEROS, P.C. 1675 BROADWAY, SUITE 2100 DENVER, COLORADO 80202 (303)592-4380 GATEWAY AMERICAN RESOURCES 9145 EAST KENYON AVE., SUITE 202 DENVER, CO 80237 (303) 843-9742 (00061930.DOC v ) EXHIBIT A Legal Description of Property • {00061930.DOC v:1) DISTRICT 2 - LEGAL DESCRIPTION LEGAL DESCRIPTION A PARCEL OF LAND BEING A PORTION OF SECTION 7, AND A PORTION OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SECTION 7, AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M. TO BEAR NORTH 88°33'53" EAST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 88°55'59" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, A DISTANCE OF 1586.91 FEET; THENCE SOUTH 00°00'00" WEST, A DISTANCE OF 106.32 FEET; THENCE SOUTH 08°48'34" EAST, A DISTANCE OF 538.30 FEET; THENCE SOUTH 06°54'47" EAST, A DISTANCE OF 678.86 FEET; THENCE SOUTH 05°06'39" WEST, A DISTANCE OF 566.29 FEET; THENCE SOUTH 08°07'08" EAST, A DISTANCE OF 376.46 FEET; THENCE SOUTH 24°56'11" EAST, A DISTANCE OF 243.57 FEET; THENCE SOUTH 87°45'59" WEST, A DISTANCE OF 511.71 FEET; THENCE NORTH 83°45'43" WEST, A DISTANCE OF 1596.30 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 61°17'44", A RADIUS OF 2150.00 FEET, AN ARC LENGTH OF 2300.09 FEET, AND A CHORD THAT BEARS SOUTH 65°35'25"WEST; THENCE SOUTH 34°56'33" WEST, A DISTANCE OF 2313.97 FEET; THENCE NORTH 01°56'01" WEST, A DISTANCE OF 1550.67 FEET; THENCE NORTH 21°46'17" WEST, A DISTANCE OF 219.34 FEET; THENCE NORTH 52°11'31" WEST, A DISTANCE OF 493.53 FEET; THENCE NORTH 70°25'22" WEST, A DISTANCE OF 493.59 FEET; THENCE NORTH 75°29'28" WEST, A DISTANCE OF 513.91 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 49; THENCE NORTH 00°30'29" WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 49 AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 2612.77 FEET; THENCE NORTH 88°34'38" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 2450.04 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 7; THENCE NORTH 88°33'53" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 7, A DISTANCE OF 2624.23 FEET TO THE NORTHEAST CORNER OF SAID SECTION 7, SAID POINT ALSO THE POINT OF BEGINNING, CONTAINING A CALCULATED AREA OF 445.494 ACRES, MORE OR LESS. THE ABOVE AND FOREGOING DESCRIBES A SURFACE ESTATE ONLY. EXPRESSLY EXCLUDED FROM THIS LEGAL DESCRIPTION ARE ANY ESTATES BELOW THE SURFACE INCLUDING OIL, GAS AND OTHER MINERALS (INCLUDING SAND AND GRAVEL) AND ANY RELATED RIGHTS OF SURFACE USE. Page 1 of 2 DISTRICT 2 - LEGAL DESCRIPTION LEGAL DESCRIPTION - I, THOMAS D. STAAB, A SURVEYOR LICENSED IN THE STATE OF COLORADO, HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND IS CO., T AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. , ql� THOMAS D. STAAB, PLS 25965 g ca el �•��% FOR AND ON BEHALF OF !b`6I-/Z- s • CARROLL & LANGE, INC. '-amt. 25965 ;'_ es AL L Page 2 of 2 MCGEADY SISNEROS, P. C. ATTORNEYS AT LAW 1675 BROADWAY, SUITE 2100 DENVER,COLORADO 80202 TELEPHONE:13031 592-4380 FACSIMILE:13 031 5 92-438 5 WWW.MCGEAOYSISNEROS.COM MARYANN M.MCGEADY SPECIAL COUNSEL DARLENE SISNEROS MARY JO DOUGHERTY KENNETH M.KOPROWICZ ANNE K.LAPORTA MEGAN BECHER RUSSELL W.DYKSTRA KATHRYN S.KANDA JACQUELINE C.MURPHY GEORGE M.ROWLEY May 31, 2006 Weld County Clerk and Recorder 1402 17th Avenue P.O. Box 459 Greeley, CO 80632 Re: Pioneer Metropolitan District No. 2 Dear Clerk and Recorder: Enclosed for your information and records is a copy of the final Service Plan and Resolution of Approval for the captioned District. These documents are information only and do not need to be recorded. If you have any questions, or if you require additional information, please feel free to call. Very truly yours, MCGEADY SISNEROS,P.C. Elisabeth A. ortese Paralegal /eac Enclosures cc: Division of Local Government (w/enclosures) State Auditors Office (w/enclosures) {00074124DQC v I}y C� 'no l C I. 1` 0?�7(o O 539 0b --Imil — c� 6 a 7 CLERK TO THE BOARD PHONE (970) 336-7215, EXT.4218 FAX: (970) 352-0242 WHDc. P.O. BOX 758 GREELEY, COLORADO 80632 COLORADO STATE OF COLORADO) ss COUNTY OF WELD ) I, Donald D. Warden, Clerk to the Board of County Commissioners, in and for the County of Weld, State of Colorado, do hereby certify that the attached copy of Resolution #2006-0539, dated February 6, 2006, (4 pages) is a duplicate of the original Resolution on file in the Weld County Clerk to the Board's office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Greeley, Colorado, this 20th day of March, 2006. E�� CLERK "THE BOAR D' 1861 61F,' w_.�"'� (cgs ,l atY/y EPUTY CL RK TO THE 6AR / \ Hello