HomeMy WebLinkAbout20060358.tiff RESOLUTION
RE: APPOINT DIRECTORS TO STORMS LAKE DRAINAGE DISTRICT BOARD OF
DIRECTORS
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 Storms Lake Drainage District("Storms Lake")is a drainage district located
in Weld County, Colorado, and organized pursuant to Chapter 37, Article 20 of the Colorado
Revised Statutes, and
WHEREAS, Storms Lake is without a current Board of Directors, and failed to conduct a
general election to elect Directors on the first Tuesday after the first Monday in January, as
required by Section 37-21-105, C.R.S., and
WHEREAS,Section 37-21-125, C.R.S., provides that the Board of County Commissioners
of the County in which the office of the drainage district is located shall appoint Directors to the
District's Board of Directors in the case of vacancy of said board, with said appointments to be
effective "until the next regular election in said District and until a successor is elected and
qualified," and
WHEREAS, the Board of County Commissioners of Weld County has received petitions
signed by 21 of 31 eligible electors of Storms Lake requesting that the Board appoint to the Storms
Lake Board of Directors, W. Lee Detterer, Gerald Firestein, and Harold Klaus, for terms to run
"until the next regular election in said District and until a successor is elected and qualified," as
required by Section 37-21-125, C.R.S.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that W. Lee Detterer, Gerald Firestein, and Harold Klaus be, and hereby are,
appointed to be Directors of the Storms Lake Drainage District, for terms to run "until the next
regular election in said District and until a successor is elected and qualified," as required by
Section 37-21-125, C.R.S.
2006-0358
c• i p n� Ste+ ��N" 1 r' re. tai c9S D006�.
RE: APPOINT DIRECTORS TO STORMS LAKE DRAINAGE DISTRICT BOARD OF
DIRECTORS
Page 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of February, A.D., 2006.
BOARD OF CO NTY COMMISSIONERS
E P,k WELD COU , COLORADO
ATTEST: iine# ��. � 7 ite
,9 2 . J. i , Chair
Weld County Clerk to the NJ' - :Th,,,
p �.� �;.� David E. Long, Pro-Tern
BY: tits i0 dt '
D uty Clerk to the Board( �� 't
Wi . m H. Jerke
ED AS T h, Nk,D_
Rob,�/y7 D. Masden
ou y AFt rney " /�p 4,41 U32--el,
ZI� �D Glenn Vaad
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Date of signature: I U'
2006-0358
SD0061
LIND, LAWRENCE & OTTENHOFF LLP
ATTORNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O.BOX 326
GREELEY,COLORADO 80632
WEB PAGE:LLOLAW.COM
GEORGE H.OTTENHOFF TELEPHONE
KENNETH F.LIND (970)353-2323
KIM R.LAWRENCE (970)356-9160
P.ANDREW JONES
- - --_ TELECOPIER
RICHARD T.LiPUMA (970)356-1111
KELLY J.CUSTER ken@llolaw.com
BRADLEY C.GRASMICK
DAVID P.JONES
CHRYSTEN S.HINZE
ROBERT J.HERRERA
January 25, 2006
Bruce Barker
Weld County Attorney
915 10th Street
Greeley, CO 80631
Re: Storms Lake Drainage District
Dear Mr. Barker:
Attached with this letter are signed originals of three sets of Petitions requesting that
the Board of County Commissioners of Weld County, Colorado make appointments to fill
the vacancy of the Storms Lake Drainage District; a copy of records from the Weld County
Assessor's Office listing the owners of property within the Storms Lake Drainage District;
and proposed Resolutions regarding the appointments.
The applicable statute requires that electors of the Storms Lake Drainage District
be persons who own property and are residents of Colorado. Accordingly, there are 28
eligible electors within the Storms Lake Drainage District according to the Assessor
records. However, please note that the Assessor records relate to properties that are
being taxed within the District. We have identified an additional three eligible electors who
reside within the District, own property but are not being taxed as their properties have not
been identified as receiving a "benefit", therefore subjecting them to taxation. To the best
of our knowledge, there are 31 eligible electors within the Storms Lake Drainage District.
Of the 31 identified electors, 21 were contacted and all signed the Petitions being
a total of 68%. We have identified the signatories with a yellow highlighter on the attached
Assessor's list.
F:\KFL\STORMS LAKE\COUNTY ATTORNEY LTR.wpd
2006-0358
Bruce Barker
Weld County Attorney
January 25, 2006
Page 2
Based upon the overwhelming majority support for the three proposed Directors, we
would request that the Board of County Commissioners favorably consider the Petition and
appoint the three proposed Directors.
Thank you very much for your attention and cooperation in this matter as the
appointment procedure saves substantial expense and hardship to the owners of property
within the Storms Lake Drainage District. If you have any questions or if I can provide
additional information, please contact me.
Very truly yours,
LIND, LA HOFF LLP
Ken eth F. Lin
KFUcg
Enclosure
F:\KFL\STORMS LAKE\COUNTY ATTORNEY LTR.wpd
TO: Board of County Commissioners, Weld County, Colorado
Dear Chairman Mike Geile and Commissioners:
We, the undersigned, are residents and electors within the Storms Lake Drainage
District which is located in parts of Sections Nineteen (19)and Thirty(30) in Township Six
(6) North, Range Sixty-six(66)West of the 6th P.M., Weld County, Colorado, and Sections
Twenty-four (24) and Twenty-five (25), Township Six (6) North, Range Sixty-seven (67)
West of the 6th P.M., Weld County, Colorado. In order to avoid the inconvenience, time
and unnecessary expense of an election, we request that you appoint the following
individuals as Directors of our District:
W. Lee Detterer
31815 WCR 23%
Greeley, CO 80631
(970) 686-2334
Gerald Firestein
12856 WCR 66
Greeley, CO 80631
(970) 686-7834
Harold Klaus
4712 West 12th Street
Greeley, CO 80634
(970) 392-2513
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TO: Board of County Commissioners, Weld County, Colorado
Dear Chairman Mike Geile and Commissioners:
We, the undersigned, are residents and electors within the Storms Lake Drainage
District which is located in parts of Sections Nineteen (19) and Thirty(30) in Township Six
(6) North, Range Sixty-six(66)West of the 6th P.M., Weld County, Colorado, and Sections
Twenty-four (24) and Twenty-five (25), Township Six (6) North, Range Sixty-seven (67)
West of the 6th P.M., Weld County, Colorado. In order to avoid the inconvenience, time
and unnecessary expense of an election, we request that you appoint the following
individuals as Directors of our District:
W. Lee Detterer
31815 WCR 233/<
Greeley, CO 80631
(970) 686-2334
Gerald Firestein
12856 WCR 66
Greeley, CO 80631
(970) 686-7834
Harold Klaus
4712 West 12`h Street
Greeley, CO 80634
(970) 392-2513
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TO: Board of County Commissioners, Weld County, Colorado
Dear Chairman Mike Geile and Commissioners:
We, the undersigned, are residents and electors within the Storms Lake Drainage
District which is located in parts of Sections Nineteen (19) and Thirty(30) in Township Six
(6) North, Range Sixty-six(66)West of the 6th P.M., Weld County, Colorado, and Sections
Twenty-four (24) and Twenty-five (25), Township Six (6) North, Range Sixty-seven (67)
West of the 6th P.M., Weld County, Colorado. In order to avoid the inconvenience, time
and unnecessary expense of an election, we request that you appoint the following
individuals as Directors of our District:
W. Lee Detterer
31815 WCR 23%
Greeley, CO 80631
(970) 686-2334
Gerald Firestein
12856 WCR 66
Greeley, CO 80631
(970) 686-7834
Harold Klaus
4712 West 12th Street
Greeley, CO 80634
(970) 392-2513
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