HomeMy WebLinkAbout20063098 DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: 901 9`h Ave. L (77.1. —6 AM 9: "3
Greeley, CO 80631
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IN RE THE ORGANIZATION OF ST. VRAIN LAKES
METROPOLITAN DISTRICT NO. 1, WELD COUNTY,
COLORADO
A COURT USE ONLY •
Attorney: Joseph J. Lico, Esq.
Case No:
Address: WHITE, BEAR AND ANICELE
Professional Corporation
1805 Shea Center Drive, Suite 100
Highlands Ranch, CO 80129
Phone Number: (303) 858-1800
Fax Number: (303) 858-1801 Div./Ctrm:
Atty. Reg. #: 29944 Email:jlico@wbapc.com
NOTICE OF CONSOLIDATED HEARING ON PETITIONS
PUBLIC NOTICE IS HEREBY GIVEN that there was filed in District Court in and for
Weld County, Colorado, on the 22nd day of September, 2006, Petitions entitled "IN RE THE
ORGANIZATION OF ST. VRAIN LAKES METROPOLITAN DISTRICT NO. 1, WELD
COUNTY, COLORADO", "IN RE THE ORGANIZATION OF ST. VRAIN LAKES
METROPOLITAN DISTRICT NO. 2, WELD COUNTY, COLORADO," "IN RE THE
ORGANIZATION OF ST. VRAIN LAKES METROPOLITAN DISTRICT NO. 3, WELD
COUNTY, COLORADO" and "IN RE THE ORGANIZATION OF ST. VRAIN LAKES
METROPOLITAN DISTRICT NO. 4, WELD COUNTY, COLORADO" which Petitions
request that St. Vrain Lakes Metropolitan District Nos. 1, 2, 3 and 4 ("Districts") be organized
pursuant to the provisions of§32-1-301, et seq., C.R.S. Notice is further given that a Resolution
of Approval of the Board of County Commissioners Weld County, Colorado, approving the
Service Plan was also filed with the Court in this matter as required by law. Said document is
now on file at the office of the Clerk of the District Court of Weld County, in Greeley, Colorado,
and is available for public inspection.
The purposes of the proposed District are as follows:
1. Water. The design, acquisition, installation, construction, operation, and
maintenance of a complete water and irrigation water system, including but not limited to, water
rights, water supply, treatment, storage, transmission and distribution systems for domestic and
other public or private purposes, together with all necessary and proper reservoirs, treatment
works and facilities, wells, water rights, equipment and appurtenances incident thereto which
may include, but shall not be limited to, transmission lines, distribution mains and laterals,
2006-3098
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storage facilities, land and easements, together with extensions of and improvements to said
systems, subject to those limitations stated in the Service Plan.
2. Sanitation. The design, acquisition, installation, construction, operation and
maintenance of storm or sanitary sewers, or both, flood and surface drainage, treatment and
disposal works and facilities, and all necessary or proper equipment and appurtenances incident
thereto, together with all necessary, incidental and appurtenant facilities, land and easements, and
all necessary extensions of and improvements to said facilities or systems.
3. Streets. The design, acquisition, installation, construction, operation, and
maintenance of street and roadway improvements, including but not limited to curbs, gutters,
culverts, storm sewers and other drainage facilities, detention ponds, retaining walls and
appurtenances, as well as sidewalks, bridges, parking facilities, railroad crossings, paving,
lighting, grading, landscaping, snow removal equipment, or tunnels and other street
improvements, together with all necessary, incidental, and appurtenant facilities, land and
easements, together with extensions of and improvements to said facilities.
4. Traffic and Safety Controls. The design, acquisition, installation, construction,
operation, and maintenance of traffic and safety protection facilities and services through traffic
and safety controls and devices on streets and highways, environmental monitoring, and rodent
and pest controls necessary for public safety, as well as other facilities and improvements
including but not limited to, main entry buildings, access gates, signalization at intersections,
traffic signs, railroad crossing signals, area identification signs, directional assistance, and driver
information signs, together with all necessary, incidental, and appurtenant facilities, land
easements, together with extensions of and improvements to said facilities.
5. Television Relay and Translator. The acquisition, construction, completion,
installation and/or operation and maintenance of television relay and translator facilities,
including but not limited to cable television and communication facilities, fiber optic cable and
related activities including evolving technologies, together with all necessary, incidental and
appurtenant facilities, land and easements, and all necessary extensions of and improvements to
said facilities.
6. Parks and Recreation. The design, acquisition, installation, construction,
operation and maintenance of public park and recreation facilities or programs including, but not
limited to, swimming pools and spas, tennis courts, exercise facilities, bike paths, hiking trails,
snowshoe trails, pedestrian trails, pedestrian bridges, pedestrian malls, public fountains and
sculpture, art, and botanical gardens, equestrian trails and centers, picnic areas, skating areas and
facilities, common area landscaping and weed control, outdoor lighting of all types, community
events, and other facilities, together with all necessary, incidental and appurtenant facilities, land
and easements, and all necessary extensions of and improvements to said facilities or systems.
7. Mosquito and Pest Control. The design, acquisition, installation, construction,
operation, and maintenance of systems and methods for the elimination and control of
mosquitoes, rodents and other pests.
8. Transportation. The design, acquisition, installation, construction, operation and
maintenance of public transportation system improvements, including transportation equipment,
park and ride facilities and parking lots, parking structures, roofs, covers, and facilities, including
structures for repair, operations and maintenance of such facilities, together with all necessary,
incidental and appurtenant facilities, land and easements, and all necessary extensions of and
improvements to said facilities or systems.
9. Fire Protection. The design, acquisition, construction, relocation,
installation, and completion of facilities for the protection of fire, including but not limited to fire
stations, fire trucks, fire protection and fire fighting equipment, ambulances and ambulance
stations, emergency medical response and rescue and diving and grappling stations, such
ambulance, medical and rescue equipment as are deemed necessary for fire fighting, fire
suppression and emergency medical services, together with all necessary, incidental, and
appurtenant facilities, equipment, land, and easements, and extensions of and improvements to
said facilities.
10. Security. The design, acquisition, construction, relocation, installation,
completion, and otherwise providing, within the boundaries of the district, security services and
improvements including perimeter and interior security patrols, construction of safety barriers or
similar protective measures, acquisition of security equipment, protection of district property
from unlawful damage or destruction, and other security improvements which may be necessary
for the orderly conduct of district affairs and for protection of the health, safety, and welfare of
the district residents, taxpayers, officers, and employees, inclusive of the general public, together
with all necessary, incidental, and appurtenant facilities, equipment, land, and easements, and
extensions of and improvements to said facilities.
11. Covenant Enforcement. The provision of covenant enforcement and design review
services within the District provided that: a) the governing body of the applicable master association
or similar body and the District have entered into a contract to define the duties and responsibilities
of each of the parties, including covenants that may be enforced by the District and the covenant
enforcement services of the District do not exceed the enforcement powers granted by the
declaration, rules and regulations, or any similar document containing the covenants to be enforced;
or b) the declaration, rules and regulations, or similar document containing the covenants to be
enforced for the area within the District name the District as the enforcement or design review
entity. The District shall have the power to furnish covenant enforcement and design review
services pursuant to this section, only if the revenues used to furnish such services are derived from
the area in which the service is furnished.
The proposed District is generally located in the County of Weld, State of Colorado,
more particularly described in the legal description attached to this Notice as Exhibit A.
NOTICE IS FURTHER GIVEN that at any time after the filing of the petitions for the
organization of the proposed districts in the District Court for Weld County, but no later than ten
(10) days before the hearing on the petitions, in accordance with the provisions of Section 32-1-
305(3), C.R.S., the owner of any real property within the proposed districts may file a petition
with the District Court stating the reasons why said property should not be included therein and
requesting that said real property be excluded therefrom. Such petition shall be duly verified and
shall describe the property sought to be excluded. The District Court shall hear said petitions for
organization and shall determine whether, in the best public interest, said property should be
excluded or included in the proposed special district.
NOTICE IS FURTHER GIVEN that by an Order of the District Court in and for Weld
County, a Public Hearing on said Petitions will be held at the hour of 1:15 p.m. on the 24thday of
October, 2006, at the District Court in Weld County, Greeley, Colorado, in Division 4, at which
time and place any parties or persons in interest may appear if they so desire, within the
limitations provided by law.
By order of the Weld County District Court
By: /s/Catherine L. Walker
Clerk of the Court
(SEAL OF THE DISTRICT COURT)
SVLMD/ORG/MER LMD/ORG/ME R 1453092006
0799.0002
EXHIBIT A
Legal Description
The general boundaries of the Districts consist of Weld County Road 13 to the east, Colorado
State Highway 66 to the north, United States Interstate I-25 to the west, and the Saint Vrain
River to the south. The area of the Initial District Boundaries includes approximately 1,314
acres.
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