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Home My WebLink About20062452 RESOLUTION RE: APPOINTMENT OF DESIGNATED ELECTION OFFICIAL TO CONDUCT AN ELECTION FOR THE CREATION OF THE WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY WHEREAS,the Board of County Commissioners of Weld County, Colorado(the"Board of County Commissioners"), 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,Section 30-11-401,et seq.,C.R.S.,the Law EnforcementAuthority Act of 1969 (the"Act"), provides the authority to create law enforcement authorities and directs the procedures for establishment thereof, and WHEREAS, certain property owned by H.P. Farms, LLC, and Pioneer Communities, Inc., (the "Pioneer Subdivision") in Southern Weld County, currently has minimal on-site law enforcement protection and is to be developed for urban density,which will exceed the resources available to the Weld County Sheriff, and WHEREAS, a law enforcement authority is intended to insure the provision of more intensive law enforcement required fora residential development in an unincorporated area of Weld County located away from existing municipalities, and WHEREAS, after discussions between the Weld County Sheriffs Office, the Weld County Attorney's Office, and the Director of Finance, it appears from the legal and fiscal standpoint that the creation of a law enforcement authority is necessary and appropriate in order to provide adequate law enforcement in the Pioneer Subdivision, and WHEREAS, the area to be included within the law enforcement authority is the property more particularly described in"Exhibit A,"attached hereto and incorporated herein by this reference (the "Property"), and WHEREAS, the Act empowers the Board of County Commissioners to call a special election for submittal of the proposition to create the Weld County Pioneer Community Law Enforcement Authority (the "Authority"), and WHEREAS, the Act further empowers the Board of County Commissioners to submit the proposal of the imposition of a mill levy at an election to be conducted in accordance with the provisions of Section 20,Article X, of the Colorado Constitution("TABOR")and Title 1, C.R.S. (the "Code"), and WHEREAS,the Special Election to be conducted for the purposes stated herein will occur Novemer 7, 2006, (the "Election"), and WHEREAS, a designated election official (the "DEO") must be appointed to conduct the Election in accordance with the Act, TABOR, and the Code, and 2006-2452 f( ', cam. , C" , P� vs s0001�7-o- APPOINTMENT OF DESIGNATED ELECTION OFFICIAL TO CONDUCT AN ELECTION FOR THE CREATION OF THE WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY PAGE 2 WHEREAS, the Weld County Clerk and Recorder has reviewed this matter and is in agreement with the appointment of Susan Kikoen as the Designated Election Official, as provided herein, and WHEREAS, the Board of County Commissioners finds it has jurisdiction herein. NOW, THEREFORE, BE IT RESOLVED, by the Board that in anticipation of a hearing to be held October 4, 2006, on the consideration of the questions of creating an Authority and empowering such Authority to impose a mill levy pursuant to Section 30 11-401, et seq., C.R.S. (the "Hearing"), the Board of County Commissioners hereby appoints Susan Kikoen, Managing Paralegal of the law firm of McGeady Sisneros, P.C., 1675 Broadway, Suite 2100, Denver, Colorado 80202, (303) 592-4380, as the DEO to conduct the Election. BE IT FURTHER RESOLVED,the DEO is hereby authorized and directed to proceed with any action necessary or appropriate to effectuate the provisions of this Resolution and of the Act, TABOR, and the Code, or other applicable laws. The Election shall be conducted in accordance with the Act, TABOR, and the Code, and other applicable laws. Among other matters, the DEO shall appoint election judges as necessary, arrange for the required notices of election, either by mail or publication,printing of ballots,and direct that all other appropriate actions be accomplished. BE IT FURTHER RESOLVED that should the Board of County Commissioners not approve creation of the District at the Hearing, the DEO appointed herein is authorized and empowered to cancel the Election. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of September, A.D., 2006. BOARD O COUNTY COMMISSIONERS WELD C UNTY, COLORADO ATTEST: M. r� / Weld County Clerk to t dipr .�ya�/ uo. David E.Long, Pro-Tern BY. 1 Depi y Clerto the Board r</,- �% William H. Jerke APPR AS TO F • 'ma_ Robert D. Masde unty A orney Glenn Vaad l� Date of signature: eflOar 2006-2452 SD0131 APPOINTMENT OF DESIGNATED ELECTION OFFICIAL TO CONDUCT AN ELECTION FOR THE CREATION OF THE WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY PAGE 3 EXHIBIT A (the "Property") PARCEL 1: ALL OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 64 WEST OF THE 6TH P.M., THE EAST HALF OF SECTION 5; THE SOUTHWEST QUARTER OF SECTION 4; ALL OF SECTION 8; EXCEPT THE WEST HALF OF THE SOUTHWEST QUARTER; ALL OF SECTION 7; THE NORTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 18, AND ALL OF SECTION 9,TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A TRACT OF LAND CONVEYED TO LONE TREE TURKEY FARM, INC., A COLORADO CORPORATION, BY DEED RECORDED JANUARY 21, 1963 IN BOOK 1636 AT PAGE 232, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF SE 1/4 OF SECTION 9,TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 9; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 9 A DISTANCE OF 1005 FEET; THENCE AT RIGHT ANGLES NORTH A DISTANCE OF 825 FEET; THENCE AT RIGHT ANGLES EAST A DISTANCE OF 1005 FEET TO THE EAST LINE OF SAID SECTION 9; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 9 A DISTANCE OF 825 FEET TO POINT OF BEGINNING; ALSO EXCEPTING THEREFROM A TRACT OF LAND CONVEYED TO PUBLIC SERVICE COMPANY OF COLORADO BY DEED RECORDED NOVEMBER 27, 1964 IN BOOK 528 AS RECEPTION NO. 1450245, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 150 FEET OF THE NORTH 1/2 OF SECTION 9,TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., LOTS A AND B OF RECORDED EXEMPTION NO. 1307-14-2-RE2901, RECORDED JULY 17, 2002 AT RECEPTION NO. 2969737, BEING A PART OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M. LOTS B AND C OF CORRECTED RECORDED EXEMPTION NO. 1307-11-4-RE2897, RECORDED APRIL 13, 2004 AT RECEPTION NO. 3170175, BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., A PART OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: 2006-2452 SD0131 APPOINTMENT OF DESIGNATED ELECTION OFFICIAL TO CONDUCT AN ELECTION FOR THE CREATION OF THE WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY PAGE 4 THAT PART OF THE NW 1/4 BEGINNING AT THE NORTHEAST CORNER OF SAID NW 1/4; THENCE WEST ALONG THE NORTH LINE OF SAID QUARTER SECTION A DISTANCE OF 1320 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID QUARTER SECTION A DISTANCE OF 1320 FEET TO A POINT; THENCE SOUTHEASTERLY BY DIRECT LINE TO A POINT ON THE EAST LINE OF SAID QUARTER SECTION 1980 FEET SOUTH OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTH ALONG THE EAST LINE OF SAID QUARTER SECTION A DISTANCE OF 1980 FEET TO THE POINT OF BEGINNING. COUNTY OF WELD, STATE OF COLORADO. PARCEL 2: LOT B OF RECORDED EXEMPTION NO. 1307-15-I-RE2900, RECORDED SEPTEMBER 21, 2001 AT RECEPTION NO. 2885252, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., LOT B OF RECORDED EXEMPTION NO. 1305-17-3 RE-3467, RECORDED FEBRUARY 6,2003 AT RECEPTION NO. 3030816, BEING A PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., AND THE SOUTH THIRTY FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 18,TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M. AND LOT B OF RECORDED EXEMPTION NO.1305-18-I-RE-3731, RECORDED APRIL 8, 2004 AT RECEPTION NO. 3169084, BEING A PART OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., THE WEST HALF OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17 AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF SAID SECTION 17 TO BEAR SOUTH 89°48'47"WEST AS MONUMENTED AT THE NORTHWEST CORNER OF SAID SECTION 17 BYA 3/4"REBAR WITH A 21/2" ALUMINUM CAP P.L.S. 28285, AND BEING MONUMENTED AT THE NORTHEAST CORNER OF SAID SECTION 17 BYA 1" REBAR WITH A 2 1/2"ALUMINUM CAP P.L.S. 13155 AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 2006-2452 SD0131 APPOINTMENT OF DESIGNATED ELECTION OFFICIAL TO CONDUCT AN ELECTION FOR THE CREATION OF THE WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY PAGE 5 1/4 OF SAID SECTION 17; THENCE ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4,NORTH 00°26'14" WEST, A DISTANCE OF 317.94 FEET; THENCE NORTH 27'00'36" WEST, A DISTANCE OF 537.25 FEET; THENCE NORTH 04°53'13'WEST,A DISTANCE OF 527.46 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17; THENCE ALONG SAID NORTH LINE,SOUTH 89°52'24"WEST,A DISTANCE OF 1043.97 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17; THENCE ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17, SOUTH 00°26'14" EAST, A DISTANCE OF 1321.47 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17,NORTH 89°55'48"EAST,A DISTANCE OF 1325.24 FEET TO THE POINT OF BEGINNING. LOT B OF RECORDED EXEMPTION NO.1305-17-2-RE2827, RECORDED NOVEMBER 1S,2000 AT RECEPTION NO. 2806942, BEING A PART OF THE NORTH HALF OF SECTION 17, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., LOTS A AND B OF RECORDED EXEMPTION NO. 1305-8-3 RE-3611, RECORDED OCTOBER 16, 2003 AT RECEPTION NO. 3117680, BEING THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. PARCEL 3: ALL OF SECTION 2; THE NORTH HALF OF SECTION 13; THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., AND THE NORTHWEST QUARTER OF SECTION 12,TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M.,EXCEPTATRACT OF LAND DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE WEST ALONG THE NORTH LINE OF SAID QUARTER SECTION A DISTANCE OF 1320 FEET TO A POINT; THENCE SOUTHEASTERLY BY DIRECT LINE TO A POINT ON THE EAST LINE OF SAID QUARTER SECTION 1,980 FEET SOUTH OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTH ALONG THE EAST LINE OF SAID QUARTER SECTION A DISTANCE OF 1,980 FEET TO THE POINT OF BEGINNING, ALSO A RIGHT OF WAY 20 FEET WIDE ALONG THE EAST LINE OF THE SOUTH 700 FEET OF SAID QUARTER SECTION. 2006-2452 SD0131 APPOINTMENT OF DESIGNATED ELECTION OFFICIAL TO CONDUCT AN ELECTION FOR THE CREATION OF THE WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY PAGE 6 THAT PART OF THE NORTHEAST QUARTER OF SECTION 12, AND THE SOUTH HALF OF SECTION 1, BOTH IN TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 12; THENCE SOUTH 87°53'39 EAST ALONG THE NORTH LINE OF SAID NORTHEAST 1/4 OF SECTION 12 ON A BEARING SHOWN ON A SURVEY BY JASPER FREESE L.S. 4392, DATED JANUARY 1973, A DISTANCE OF 248.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°09'15' WEST A DISTANCE OF 1453.15 FEET; THENCE SOUTH 30°02'40' EAST A DISTANCE OF 1320.85 FEET; THENCE SOUTH 86°30'08"EAST A DISTANCE OF 1667.16 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 12; THENCE NORTH 88°30'22' WEST ALONG THE SOUTH LINE OF SAID NORTHEAST 1/4 OF SECTION 12 A DISTANCE OF 2582.93 FEET TO THE CENTER OF SAID SECTION 12; THENCE NORTH 00°16'18' EAST ALONG THE WEST LINE OF SAID NORTHEAST 1/4 OF SECTION 12 A DISTANCE OF 2640.05 FEET TO SAID NORTH 1/4 CORNER OF SECTION 12; THENCE NORTH 87°53'39"WEST ALONG THE SOUTH LINE OF SAID SOUTH 1/2 OF SECTION 1 A DISTANCE OF 358.53 FEET; THENCE NORTH 75°00'00' EAST A DISTANCE OF 391.65 FEET; THENCE SOUTH 89°50'00' EAST A DISTANCE OF 228.36 FEET; THENCE SOUTH 00°09'15" WEST A DISTANCE OF 123.00 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF WELD, STATE OF COLORADO, PARCEL 4: LOT B OF RECORDED EXEMPTION NO.1307-12-4-RE1923,RECORDED DECEMBER 17,1996 IN BOOK 1581 AT RECEPTION NO.2525400,BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO. PARCEL 5: LOT A OF CORRECTED RECORDED EXEMPTION NO. 1307-11-4-RE2897,RECORDED APRIL 13, 2004 AT RECEPTION NO. 3170175, BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. 2006-2452 SD0131 NOTICE OF CONSIDERATION OF APPOINTMENT OF DESIGNATED ELECTION OFFICIAL NOTICE IS HEREBY GIVEN, consideration of the appointment of a Designated Election Official ("DEO") to conduct an independent mail ballot election relative to the creation of the Weld County Pioneer Law Enforcement Authority("LEA") will take place at a regular meeting of the Board of County Commissioners to be held on Wednesday, September 6, 2006, at 9:00 a.m. in the BOCC First Floor Meeting Room at the Weld County Centennial Center Complex South, 915 - 10th Street, Greeley, Colorado. The appointment of the DEO will be considered in anticipation of a public hearing to be held October 4, 2006, for consideration of the formation of and other matters relative to the creation of the LEA. 2006-2452 {00080464.DOC v:1} Page 1 of 1 Esther Gesick From: Susan Kikoen [SKikoen@mcgeadysisneros.com] Sent: Wednesday,August 30, 2006 2:48 PM To: Esther Gesick Cc: Bruce Barker; MaryAnn McGeady; Catherine Woods; Emily Lee Subject: Pioneer LEA-Final Resolution Appointing DEO Attachments: Resolution Appointing DEO (00080871).DOC Hi Esther, Attached is the final Resolution appointing the DEO for the Weld County Pioneer Community Law Enforcement Authority, which will be considered at the regular business meeting of the BOCC on Wednesday, September 6. The resolution has been revised per Bruce Barker to add a "whereas" indicating the Clerk and Recorder is in agreement with the DEO designation. Please note that we will need to have a signed copy of the Resolution by Monday September 11, so that we can attach it to the Mail Ballot Plan and file on time with the Secretary of State. A .pdf version is fine. Please confirm receipt and let us know if you need anything further. Thanks, Susan Susan Kikoen, Managing Paralegal McGeady Sisneros, P.C. 1675 Broadway, Suite 2100 Denver, Colorado 80202 Phone: 303-592-4380 Fax: 303-592-4385 E-mail: skikoen@mcgeadysisneros.com The information contained in this communication is confidential,may constitute inside information,is intended only for the use of the addressee,and is the property of McGeady Sisneros PC. Unauthorized use,disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error,please notify us immediately by return e-mail and destroy this communication and all copies thereof,including all attachments. 8/30/2006 Page 1 of 2 Esther Gesick From: Bruce Barker Sent: Tuesday,August 15, 2006 10:02 AM To: Susan Kikoen; Lee Morrison; Esther Gesick Cc: Catherine Woods; MaryAnn McGeady Subject: RE: Notice for BOCC Consideration of DEO-Pioneer LEA Susan: Those notice dates are acceptable. Check the date of September 3rd. I think you meant Spetember 6th. Esther: Go ahead and place the matter as stated, except say: Consider Resolution Appointing Designated . . . (rest is the same) Susan: I will look forward to getting the draft resolution by the end of the week. Bruce Barker Weld County Attorney From: Susan Kikoen [mailto:SKikoen@mcgeadysisneros.com] Sent: Monday, August 14, 2006 12:29 PM To: Bruce Barker; Lee Morrison; Esther Gesick Cc: Catherine Woods; MaryAnn McGeady Subject: Notice for BOCC Consideration of DEO-Pioneer LEA Ladies and Gentlemen, Attached is the Notice of Consideration of Appointment of Designated Election Official relative to the LEA. We feel that publication for this administrative matter is well enough if we publish twice, Wednesday 8/23 and Wednesday 8/30 in the Ft. Lupton Press. We further feel it is appropriate for the BOCC to hear the matter at a business meeting rather than put it on their public hearing agenda. Bruce and Lee, please let us know if you concur on both points. Esther, please confirm that you have or will add the following item to the business meeting agenda for Wednesday, September 3: Consideration of Appointment of Designated Election Official to Conduct an Independent Mail Ballot Election for the Proposed Weld County Pioneer Law Enforcement Authority. Our office will draft the BOCC resolution appointing the DEO, and will forward it to you for review later this week. Please let us know if you have any questions or concerns. Thanks, Susan Susan Kikoen, Managing Paralegal McGeady Sisneros, P.C. 1675 Broadway, Suite 2100 Denver, Colorado 80202 Phone: 303-592-4380 Fax: 303-592-4385 8/16/2006 Page 2 of 2 E-mail: skikoen©mcgeadysisneros.com The information contained in this communication is confidential,may constitute inside information,is intended only for the use of the addressee,and is the property of McGeady Sisneros PC. Unauthorized use,disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error,please notify us immediately by return e-mail and destroy this communication and all copies thereof,including all attachments. 8/16/2006 Page 1 of 1 Esther Gesick From: Nancy Hobbs [NHobbs@mcgeadysisneros.com] Sent: Thursday,August 10, 2006 11:53 AM To: Catherine Woods Cc: MaryAnn McGeady; Esther Gesick Subject: Pioneer LEA Catherine, I just spoke with Ester, who is the clerk of the Board of Commissioners for Weld County, regarding be placed on the agenda for the Monday, August 28th Board of County Commissioners meeting. She will need to receive our documents by 5:00 p.m. on Thursday, August 24th and we will be placed on the agenda. We can either email them to her or send them via U.S. Mail to: Clerk of the Board, 915 Tenth Street, Greeley, CO 80631. If there is any additional information required she will contact me. Nancy Hobbs Paralegal McGeady Sisneros, P.C. 1675 Broadway, Suite 2100 Denver, Colorado 80202 Phone: 303-592-4380 Fax: 303-592-4385 The information contained in this communication is confidential,may constitute inside information,is intended only for the use of the addressee,and is the property of McOeady Sisneros PC. Unauthorized use,disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error,please notify us immediately by return e-mail and destroy this communication and all copies thereof,including all attachments. g/II - PC)ke' Sup2.n 9% dtd rtu t, l rreaentaug - mC c 'do —ittjt, - nkn,<Lo to tatted-tted- 6 Cnc„j:2, - ;as,/ -' w41,a do s notes" u R- L ✓ 12e.a 8/11/2006 ,Qn d tc • -)HK_l krti1e{�1'cicacI� sn r(Y� emRESOLUTION l� jhtt�2 lit —�� t9/1ciIcrIztcp 1J11.piePat +lald RE: APPOINTMENT OF DESIGNATED ELECTION OFFICIAL TO CONDUCT AN ELECTION FOR THE CREATION OF THE WELD COUNTY PIONEER COMMUNITY LAW COi ENFORCEMENT AUTHORITY VN_nl WHEREAS,the Board of County Commissioners of Weld County, Colorado(the"Board of IP County Commissioners"),pursuant to Colorado statute and the Weld County Home Rule Charter, 01,11/ — is vested with the authority of administering the affairs of Weld County, Colorado, and � Z "U n WHEREAS,Section 30-11-401,et seq.,C.R.S.,the Law Enforcement Authority Act of 1969 Pape Y LC3C V k(the"Act"),provides the authority to create law enforcement authorities and directs the procedures for establishment thereof, and WHEREAS, certain property owned by H.P. Farms, LLC, and Pioneer Communities, Inc., (the "Pioneer Subdivision") in Southern Weld County, currently has minimal on-site law enforcement protection and is to be developed for urban density,which will exceed the resources available to the Weld County Sheriff, and WHEREAS, a law enforcement authority is intended to insure the provision of more intensive law enforcement required fora residential development in an unincorporated area of Weld County located away from existing municipalities, and WHEREAS,after discussions between the Weld County Sheriffs Office,the Weld County Attorney's Office, and the Director of Finance, it appears from the legal and fiscal standpoint that the creation of a law enforcement authority is necessary and appropriate in order to provide adequate law enforcement in the Pioneer Subdivision, and WHEREAS, the area to be included within the law enforcement authority is the property more particularly described in"Exhibit A,"attached hereto and incorporated herein by this reference (the "Property"), and WHEREAS, the Act empowers the Board of County Commissioners to call a special election for submittal of the proposition to create the Weld County Pioneer Community Law Enforcement Authority(the "Authority"), and WHEREAS, the Act further empowers the Board of County Commissioners to submit the proposal of the imposition of a mill levy at an election to be conducted in accordance with the provisions of Section 20,Article X, of the Colorado Constitution("TABOR")and Title 1, C.R.S. (the "Code"), and WHEREAS,the Special Election to be conducted for the purposes stated herein will occur Novemer 7, 2006, (the "Election"), and WHEREAS, a designated election official (the"DEO") must be appointed to conduct the Election in accordance with the Act, TABOR, and the Code, and 2006-2452 SD0131 APPOINTMENT OF DESIGNATED ELECTION OFFICIAL TO CONDUCT AN ELECTION FOR THE CREATION OF THE WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY PAGE 2 WHEREAS, the Weld County Clerk and Recorder has reviewed this matter and is in agreement with the appointment of Susan Kikoen as the Designated Election Official,as provided herein, and WHEREAS, the Board of County Commissioners finds it has jurisdiction herein. NOW,THEREFORE, BE IT RESOLVED, by the Board that in anticipation of a hearing to be held October 4, 2006, on the consideration of the questions of creating an Authority and empowering such Authority to impose a mill levy pursuant to Section 30 11-401, et seq., C.R.S. (the "Hearing"), the Board of County Commissioners hereby appoints Susan Kikoen, Managing Paralegal of the law firm of McGeady Sisneros, P.C., 1675 Broadway, Suite 2100, Denver, Colorado 80202, (303) 592-4380, as the DEO to conduct the Election. BE IT FURTHER RESOLVED, the DEO is hereby authorized and directed to proceed with any action necessary or appropriate to effectuate the provisions of this Resolution and of the Act, TABOR, and the Code, or other applicable laws. The Election shall be conducted in accordance with the Act, TABOR, and the Code, and other applicable laws. Among other matters, the DEO shall appoint election judges as necessary, arrange for the required notices of election, either by mail or publication,printing of ballots,and direct that all other appropriate actions be accomplished. BE IT FURTHER RESOLVED that should the Board of County Commissioners not approve creation of the District at the Hearing,the DEO appointed herein is authorized and empowered to cancel the Election. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 6th day of September, A.D., 2006. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: M. J. Geile, Chair Weld County Clerk to the Board David E. Long, Pro-Tern BY: Deputy Clerk to the Board William H. Jerke APPROVED AS TO FORM: Robert D. Masden County Attorney Glenn Vaad Date of signature: 2006-2452 SD0131 Hello