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Home My WebLink About20060147.tiff RESOLUTION RE: ACCEPTANCE OF FILING OF SERVICE PLAN, REFERRAL TO WELD COUNTY PLANNING COMMISSION FOR STUDY AND RECOMMENDATION, AND SET HEARING DATE FOR CONSIDERATION - ADLER ESTATES METROPOLITAN 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,the Service Plan for the Adler Estates Metropolitan District has been received by the Clerk to the Board from the proposed Metropolitan District's attorneys, Grimshaw and Harring, P.C., for filing with, and consideration by, the Board of County Commissioners, and WHEREAS,Section 32-1-204(2), C.R.S.,requires that the Service Plan be delivered to the Weld County Planning Commission for study and recommendation to the Board of County Commissioners,such recommendation to be received by the Board within thirty(30)days after the filing of the Service Plan, and WHEREAS,the Board deems that the date of filing should be commensurate with the date of this Resolution, in order to allow enough time for referrals of the Service Plans to appropriate agencies for comment prior to the public hearing before the Planning Commission, and WHEREAS,the Board of County Commissioners deems it advisable to accept the filing of the Service Plan as of January 9,2006, and to refer it to the Weld County Planning Commission for study and recommendation back to the Board of County Commissioners, such recommendation to be received by the Board prior to March 22,2006, pursuant to the proposed schedule submitted by the applicant, which schedule waives the thirty-day requirement, and WHEREAS,the Board of County Commissioners deems it advisable to set a public hearing date for its consideration of said Service Plan,said hearing date to be March 27,2006,at 9:00 a.m., and WHEREAS,the proposed schedule submitted by the applicant accelerates the scheduling process following the Planning Commission hearing,therefore,the Board of County Commissioners deems it advisable to confirm the scheduled hearing date on March 13, 2006, at 9:00 a.m., in accordance with Section 31-1-202(1), C.R.S., and NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the filing of said Service Plan be, and hereby is, accepted. BE IT FURTHER RESOLVED that said Service Plan be,and hereby is,referred to the Weld County Planning Commission for study and recommendation back to the Board of County Commissioners, such recommendation to be received by the Board prior to March 22, 2006. 2006-0147 SD0128 RE: SERVICE PLAN - ADLER ESTATES METROPOLITAN DISTRICT PAGE 2 BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the public hearing for consideration of the Adler Estates Metropolitan District be,and hereby is, March 27, 2006, at 9:00 a.m. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the scheduled hearing date shall be confirmed on March 13, 2006, at 9:00 a.m., in accordance with Section 31-1-202(1), C.R.S. BE IT FURTHER RESOLVED by the Board of County Commissioners that the organizers of the proposed Metropolitan District have paid the filing fee of$500.00, by Check#30728, as required by Appendix 5-D of the Weld County Code, to the Clerk to the Board. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 9th day of January, A.D., 2006. ��` BOARD OF COUNTY COMMISSIONERS I WELD COUNTY, COLORADO EXCUSED ATTEST: �l ' y+4�� , u � eile, C air Weld County Clerk to th J fiq ` - `.2. David E. Long, Pro-Tem BY:� jut 1 V an � '+rww�` D uty CI to the Boa J EXCUSED Wi 'am H. Jerke APPROVED AS TO FOR • \jt^ ) Robe D. Mas en my Attorney 7 a-kg, Glenn Vaad Date of signature: I k 13 IDS 2006-0147 SD0128 STALE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS �. DIVISION OF LOCAL GOVERNMENT ,N Local Government Services ... ..., •* : G'9 i * 1313 Sherman Street,Suite 521 mat(ul „nva.. Denver,Colorado 80203 • Phone: (303)-866-2156 l '� �� Bill Owens FAX (303)866-4819 Governor TDD: (303)866-5300 Michael L Beasley Executive Director NOTICE OF FILING OF SPECIAL DISTRICT SERVICE PLAN Pursuant to CRS 32-1-202(1), the County Clerk and Recorder and/or Clerk to the Board shall notify the Division of Local Government within five days after the filing of a service plan for the formation of a new special district. Please provide the information indicated and return this form to the Division of Local Government. Adler Estates January 5, 2006 Name of Proposed District Filing Date Metropolitan District March 27, 2006 Type of District Proposed Date of Hearing Weld County Centennial Center 9:00 a.m. 915 10th Street, Greeley, CO 80631 Time of Hearing Location of Hearing Grimshaw and Harring, P.C. AYYn• Marrnc A MrAckin (303) 839-3800 Contact Person Filing Service Plan Phone Weld Count . + ,,, Coun Receiving S. P i t fit)r ,,t January 5, 2006 Clerk to the Board ";t 1151 _' 1♦� Date By. ren . ,1. �►� Deputy Clerk to the B� '/ \ � FORMDLG-60 Revised 6/02 GRIMSHAW(Xi HARRENG A PROFESSIONAL CORPORATION ATTORNEYS AT LAW SUITE 3800 71T M E R ITA S WELLS FAROO CENTER 1700 LINCOLN STREET LAW cMrsw sIIMIN DENVER,COLORADO 80203-4598 TELEPHONE 190.9)899-3800 TELECOPIER(303)899-3838 W W W.ORIMSRAWunxwaa.COM Marcus A. McAskin mcaskin@grimshawharring.com 303-839-3852 www.grimshawharring.com December 27, 2005 VIA U.S. MAIL Brad Mueller Assistant Director Weld County Department of Planning Services 918 10`h Street Greeley, CO 80631 Re: Adler Estates Metropolitan District Dear Brad: As you know,this firm represents Melody Homes,Inc.,the developer of Adler Estates,with respect to the enclosed service plan for the proposed Adler Estates Metropolitan District. Per your request, I have enclosed the following: 1. Twenty(20)copies of the proposed service plan in order to facilitate review of the service plan by Weld County and appropriate referral agencies. 2. A revised timeline related to formation of the proposed district. 3. A written response to Weld County's special district policies (Article XIV), which policies are currently in draft form. Per our telephone conversation of December 22, 2005, please file one (1) copy of the proposed service plan with the Weld County Clerk and Recorder, as required by C.R.S. § 32-1- 202(1),delivering the$500.00 check previously sent to your office to the Clerk and Recorder,which check covers the statutory processing fee set forth in C.R.S. § 32-1-202(3). As we have discussed, Planning Commission intends on considering the proposed service plan on March 7, 2006, and the Board of County Commissioners intends on conducting its public hearing on March 27, 2006. 2006-0147 5h6/..2P Brad Mueller December 27, 2005 Page 2 The enclosed revised timeline reflects the dates noted above,and indicates that the Board of County Commissioners will formally set the March 27, 2006 hearing on February 13, 2006,which date will allow this office to coordinate timely publication of the notice concerning said hearing in the Greeley Daily Tribune. This firm looks forward to working closely with Weld County with respect to the formation of the Adler Estates Metropolitan District. Sincerely, GRIMSHAW & BARRING, A Professional Corporation Marc s . cA in Enclosures cc: Chris Fellows G:\14232\2\L Mueller enc Service Plan 12-27-05.wpd 1 . �I�TES RECEIPT DATE /-�` cry NO. CV /� 3645 o 0 03 LO Q M RECEIVED FROM (71\,4/2?.,:iita4d fla)..N i 1 .C �m ^� ADDRESS }I xo "t eA.4 A/641d'lrCi ,-- Lac/�` $ 3c,-�� c ZO OD 0 FOR 1FLI Pic, r),La"La rL�� ),)t e- -� Crt✓ t-- o 1 DHO T 0 ACCOUNT HOW PAID 0�1L � AMT.OF 1 L ACCOUNT CASH ,J 0 0 AMT, JC �.��P U PAID CHECK �CC ,� •-/16.. BALANCE MONET By G�,� �UEi s ORDER _ t ©2001 REDIF0RM® 8L808 ORGANIZATIONAL TIME LINE ADLER ESTATES METROPOLITAN DISTRICT - WELD COUNTY ORGANIZATIONAL ELECTION TO BE HELD ON MAY 2, 2006 Revised 12-23-05 TIME EVENT CITATION August- November Draft service plan November 30, 2005 Preliminary submittal of service plan draft to Weld County November 30 - Informal discussions with County staff re service plan December 30, 2005 Draft service plan January 5, 2006 Formal submission of Service Plan to County File Service Plan with Division of Local Government and office of the State Auditor Notice of Filing of Service Plan (DLG Form 60); deliver c,, ?- hue to DLG February 13, 2006 'N BoCC sets hearing on service plan (the BoCC meets on 32-1-202(1) Mondays and Wednesdays at 9:00 a.m.) February 14, 2006 Notice of BoCC hearing is sent to newspaper (Daily Tribune) February 20, 2005 BoCC hearing notice published February 24, 2006 Last day to file Self-nomination and Acceptance forms 32-1-804.3 (not less than 67 days with the District Court or stated in the Order Calling before the election) Election February 27, 2006 Last day to file Affidavits of Intent to be Write-In 1-4-1101 (on the 64th day before Candidate with the District Court or stated in the Order the election) Calling Election March 3, 2006 Certification of ballot content 1-5-203(3)(a) (60 days before) March 7, 2006 Planning Commission reviews Service Plan and makes recommendation if required by County policy March 17, 2006 Last day to file TABOR comments with designated 32-1-204 (45 days prior) election official 1-7-901(4) March 17, 2006 Election judges are appointed by designated election 1-6-105(1.5)1 (no later than 45 days official before) March 20, 2006 Last date for proponents of a TABOR ballot issue to 1-7-903(3) (43 days prior) submit summary of comments to designated election TIME EVENT CITATION official March 23, 2006 Designated election officials of overlapping political 1-7-905(2) (no later than 40 days subdivisions shall confer concerning the preparation of prior) the TABOR notice March 23, 2006 Designated election official notifies the county clerk of 1-5-303; 1-7.5-107 (no later than 40 days election and orders the initial and supplemental lists of prior) registered voters March 23, 2006 Designated election official notifies the county assessor 1-5-304; 1-7.5-107 (no later than 40 days of the election and orders the initial and supplemental prior) lists of property owners ✓ March 27, 2006 Public Hearing on Service Plan held by BOCC 32-1-204 Review and Action by BoCC; Resolution of Approval. 32-1-204(4) An approval resolution is required. Week of March 27, 2006 Circulate Petition for Organization 32-1-301 March 29, 2006 File completed petition, resolution of approval and service plan Open court file; court sets hearing on petition April 3, 2006 Voter registration closes 1-2-201(3) (no later than 29 days before) April 7, 2006 "Walk-in" balloting location opens for business hours 1-7.5-107(3)(c) (25 days prior) and remains open through 7:00 p.m. on November 1, 2005 Last day to cancel election, thereafter publication, 1-5-208(2); 1-5-208(6) posting, and notification of cancellation is required, if applicable April 7, 2006 to April 17, Designated election official mails ballots 1-7.5-107(3)(a) 2006 (25 to 15 days prior) After ballots are mailed Replacement mail ballots may be requested anytime 1-7.5-107(3)(d) after the ballots are delivered to electors up until 7:00 p.m. on election day April 10, 2006 Publish notice of hearing on petition in Daily Tribune 32-1-304 April 12, 2006 The supplemental voter registration and property 1-5-303; 1-5-304; 1- (20 days prior) ownership lists are provided to the District 7.5-107 April 12, 2006 School of instruction for all election judges is to be held 1-6-101(5) not more than 20 days prior to each election April 18 — May 1, 2006 District Court hearing on petition for organization TIME EVENT CITATION April 22, 2006 Notice of Election is mailed to Clerk and Recorder 1-5-205(2) (10 days prior) Notice of Election is posted in office of designated 1-5-205(1.3) election official Counting of mail ballots may begin 1-7.5-107.5 April 28, 2006 Last day elector may request absentee ballot 1-8-104(3) (Friday before) May 2, 2006 Voting 32-1-103(21); 1-1- Election Day 104(46); Part 3(a) of Colo. Const. Art. X, Sec. 20 Voter may request a replacement ballot no later than 1-7.5-107 7:00 p.m. May 2, 2006 Mail ballots, absentee ballots, and emergency absentee 1-7.5-107; 1-8-113(1); Election Day ballots must be returned no later than 7:00 p.m. 1-8-115(1)(b) Counting may begin by counting judges 1-7-306 Judges post abstract outside polling place 1-7-602 Judges return election materials to designated election 1-7-701 official Week of May 8, 2006 District Court orders organization of District Record order June 1, 2006 Designated election official notifies the Division of Local 1-11-103(3) (within 30 days following Government of election results election) June 16, 2006 The results of District ballot issue elections to incur 32-1-1101.5(1) (within 45 days following general obligation indebtedness shall be certified by the election) District by certified mail to the Board of County Commissioners of each county in which the District is located or to the governing body of a municipality that has adopted a resolution of approval for organization of the District. The District shall file a copy of any certification with the Division of Securities. June 2, 2008 End of required preservation of election records by 1-7-802 (25 months after designated election official election) SD0128 2006-0147 ADLER ESTATES METROPOLITAN DISTRICT Service Plans not scanned Service Plans can be viewed in the Clerk to the Board's Office Hello