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Home My WebLink About20060543.tiff RESOLUTION RE: APPROVE SERVICE PLAN FOR PROPOSED PIONEER METROPOLITAN DISTRICT NO. 6 (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. 6 (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. 2006-0543 cc: C'i% fez_ SD0126 CS O� APPROVE SERVICE PLAN - PROPOSED PIONEER METROPOLITAN DISTRICT NO. 6 (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. 2006-0543 SD0126 APPROVE SERVICE PLAN - PROPOSED PIONEER METROPOLITAN DISTRICT NO. 6 (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. 2006-0543 SD0126 APPROVE SERVICE PLAN - PROPOSED PIONEER METROPOLITAN DISTRICT NO. 6 (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 UNTY COMMISSIONERS WELD CO TY, COLORADO ga-4414 7117 &tit, Cid M. J. eile hae ,;,�,;. . ��► lerk to the Board Z.) �� ! , 1861 ( ��.�y David E. Long, Pro-Tern O® � �'� clerk to the Board , t . 4er e APP E AS TO • A '� Robert D. Masd n unty At rney n/ (p Qk(A_ O--4--(1) Glenn Vaad Date of signature: ,%' 1(- 2006-0543 SD0126 SERVICE PLAN FOR PIONEER METROPOLITAN DISTRICT NO. 6 (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 {00061935.DOC v:I} EXHIBIT A Legal Description of Property (00061935.DOC v:1} DISTRICT 6 - LEGAL DESCRIPTION LEGAL DESCRIPTION PARCEL A A PARCEL OF LAND BEING A PORTION OF THE EAST HALF OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 7, AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13 TO BEAR SOUTH 00°33'56" EAST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 89°37'04" WEST, ALONG THE NORTH LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 13, A DISTANCE OF 30.00 FEET; THENCE NORTH 00°30'34" WEST, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 22, SAID POINT ALSO THE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22 THE FOLLOWING TWO (2) COURSES: 1) NORTH 89°37'04" WEST AND PARALLEL WITH THE NORTH LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 13, A DISTANCE OF 1267.25 FEET; 2) NORTH 89°36'40" WEST AND PARALLEL WITH THE NORTH LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 13, A DISTANCE OF 921.05 FEET; THENCE NORTH 02°18'57" EAST, A DISTANCE OF 564.06 FEET; THENCE NORTH 22°47'01" EAST, A DISTANCE OF 449.91 FEET; THENCE NORTH 42°2606" EAST, A DISTANCE OF 465.50 FEET; THENCE NORTH 26°43'58" EAST, A DISTANCE OF 366.45 FEET; THENCE NORTH 12°51'29" EAST, A DISTANCE OF 535.81 FEET; THENCE NORTH 05°03'52" EAST, A DISTANCE OF 469.22 FEET; THENCE SOUTH 87°00'20" EAST, A DISTANCE OF 1330.48 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 THE FOLLOWING TWO (2) COURSES: _ 1) SOUTH 00°30'29" EAST AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 7, A DISTANCE OF 1.06 FEET; 2) SOUTH 00°30'34" EAST AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 7, A DISTANCE OF 2583.26 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22; CONTAINING A CALCULATED AREA OF 105.143 ACRES, MORE OR LESS. Page 1 of 4 DISTRICT 6 - LEGAL DESCRIPTION LEGAL DESCRIPTION PARCEL B A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 7 AND THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 13, AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13 TO BEAR SOUTH 00°33'56" EAST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 88°56'51" EAST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 18, A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 49, SAID POINT ALSO THE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 49, THE FOLLOWING TWO (2) COURSES: 1) NORTH 00°33'56" WEST AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 18, A DISTANCE OF 2625.90 FEET; _ 2) NORTH 00°30'34" WEST AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 7, A DISTANCE OF 2613.01 FEET; THENCE SOUTH 75°29'28" EAST, A DISTANCE OF 513.91 FEET; THENCE SOUTH 70°25'22" EAST, A DISTANCE OF 493.59 FEET; THENCE SOUTH 52°11'31" EAST, A DISTANCE OF 493.53 FEET; THENCE SOUTH 21°46'17" EAST, A DISTANCE OF 219.34 FEET; THENCE SOUTH 01°56'01" EAST, A DISTANCE OF 2175.65 FEET; THENCE SOUTH 00°08'16" EAST, A DISTANCE OF 174t07 FEET; THENCE SOUTH 00°00'00" EAST, A DISTANCE OF 495.95 FEET TO A POINT ON THE - SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18; THENCE SOUTH 88°56'51" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18, A DISTANCE OF 1462.55 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 49, SAID POINT ALSO THE POINT OF BEGINNING, CONTAINING A CALCULATED AREA OF 166.609 ACRES OF LAND, MORE OR LESS. PARCEL C A PARCEL OF LAND BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Page 2 of 4 DISTRICT 6 - LEGAL DESCRIPTION LEGAL DESCRIPTION COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 13, AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13 TO BEAR SOUTH 00°33'56" EAST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; _ THENCE NORTH 89°49'20" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, A DISTANCE OF 2352.72 FEET; THENCE NORTH 11°00'33" EAST, A DISTANCE OF 718.92 FEET; THENCE NORTH 06°13'17" EAST, A DISTANCE OF 384.11 FEET; THENCE NORTH 04°16'54" WEST, A DISTANCE OF 328.20 FEET; THENCE NORTH 00°01'43" EAST, A DISTANCE OF 382.45 FEET; THENCE NORTH 03°34'41"WEST, A DISTANCE OF 499.69 FEET; THENCE NORTH 02°18'57" EAST, A DISTANCE OF 307.48 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES: 1) SOUTH 89°36'40" EAST AND PARALLEL WITH THE NORTH LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 13, A DISTANCE OF 923.48 FEET; 2) SOUTH 89°37'04" EAST AND PARALLEL WITH THE NORTH LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 13, A DISTANCE OF 1267.82 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 49; THENCE SOUTH 00°33'56" EAST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, A DISTANCE OF 2592.92 FEET TO THE POINT OF BEGINNING, CONTAINING A CALCULATED AREA OF 132.042 ACRES, MORE OR LESS. PARCELS A, B, AND C TOGETHER CONTAIN A CALCULATED AREA OF 403.794 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 3 of 4 DISTRICT 6 - 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 CORRECT AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. THOMAS D. STAAB, PLS 25965 4. ' p, r6�FOR AND ON BEHALF OF ea 1n CARROLL & LANGE, INC. DI Z.p�s 2i 259 • 41011. toat Page 4 of 4 McGEADY SISNEROS, P. G. ATTORNEYS AT LAW 1675 BROADWAY, SUITE 2100 DENVER,COLORADO 60202 TELEPHONE:13031 592-4380 FACSIMILE:13031592-4385 WWW.MCGEADYSISNEROS.COM MARYANN M.McGEADY SPECIAL COUNSEL DARLENE SISNEROS MARY JO DOUGHERTY KENNETH M.KOPROWIC2 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. 6 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. Optic9M) Elisabeth A. C ` Paralegal /eac Enclosures cc: Division of Local Government(w/enclosures) State Auditors Office (w/enclosures) o (r76 (00074128.DOC v:I} gaze O5113 p � -l4/-06 6• a IPII (0-- CLERK TO THE BOARD PHONE (970) 336-7215, EXT.4218 FAX (970) 352-0242 P.O. BOX 758 Wilk. 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 #2006-0543, 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. I�we` iSi EL"` 1861 bI `,�Wl, r DEPUTY CL K TO E •`' Hello