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HomeMy WebLinkAbout20022801.tiff LAW OFFICE OF JOHN R. DENT, P.C. 332 Denver Avenue Phone:(303) 857-4667 P.O.Box #333 Metro: (303)857-1256 Fort Lupton,CO 80621 Fax: (303) 857-2467 October 10, 2002 The Weld County Board of County Commissioners P.O. Box 758 Greeley, CO 80632 RE:FORT LUPTON FIRE PROTECTION DISTRICT STATEMENT OF PURPOSE FOR FILING PURSUANT TO CRS 32-1-208 Dear County Commissioners: As attorney for the Fort Lupton Fire Protection District, I am providing you with a copy of the Statement of Purpose for the Fort Lupton Fire Protection District, prepared in compliance with section CRS 32-1-208. Pursuant to that statute, a copy is to be provided to you, to be retained. By way of explanation, its my understanding that the Fort Lupton Fire Protection District, having been formed in 1951, did not go through the process of preparing a Service Plan because the district was formed prior to that requirement, and also did not previously prepare a Statement of Purpose, because it was formed prior to that statute being enacted as well. Consequently, prior to this time, no one was aware that there was no Statement of Purposes for the Fire Protection District. Should you have any questions in regard to this matter, please contact me. Since t L �ry` hn R. Dent Attorney for the Fort Lupton Fire Protection District JRD:bz Enc: Copy of Statement of Purpose 2002-2801 /C'-02/- t� ��� r,9 47,77 STATEMENT OF PURPOSES FOR FORT LUPTON FIRE PROTECTION DISTRICT In accordance with Section 32-1-208(2), Colorado Revised Statutes, as amended, the Statement of Purposes for Fort Lupton Fire Protection District (Weld County, Colorado) is as set forth below: (1) The District was duly organized as a governmental subdivision of the State of Colorado, and a body corporate with all powers of a public or quasi-municipal corporation under Chapter 164 of the Session Laws of Colorado of 1949 following the filing of a proper petition and a hearing thereon in the District Court for Weld County, Colorado, pursuant to the Findings and Decree of the District Court for Weld County, Colorado dated June 26, 1951, and a copy of such Findings and Decree is attached hereto as Exhibit A. (2) The purposes for which the District was organized are to provide protection against fire and to supply ambulance and emergency medical and rescue services within the boundaries of the District. (3) The services and facilities provided by the District are fire protection services and emergency medical and rescue services through owning and operating one or more fire stations and vehicles and equipment for fire protection, fire fighting, and emergency medical and rescue purposes, all in accordance with article 1 of title 32, Colorado Revised Statutes, as amended. (4) The areas served by the District are as set forth in the Findings and Decree attached hereto as Exhibit A. Dated: October 2, 2002 FORT LUPTON FIRE PROTECTION DISTRICT i BY i Chairman the oard of Directors and Presi ent of the District 02-128158.01 EXHIBIT A1 STATEUr' CO i3OihD0 ) C; CC;;:..^.'? 0�' :ih T1) ) Ca. I:! 'f I: OIS1'itIC'1' CCi"iT rtw� cu'ioi,RT NO. 11363 JUN2 6 I05) !..:11%f2/2 0:' Tk:.: C:i!i.l:a_ ':ICi� ) ~"• LJ7,yiR. ) . ,:rf Lt.. _CII FIRE ri:^ rlo:; ) PI:DINGS D DIS:9PCT. ) This cause, c,uul :,; on for hearing on thu 11th day of June, 191, being ono of the regular. Judicial days of the i:ap, 1951, term of the District Court in and for the County of :Ye,_: and State of Colorado, and petitioners appearing by their attorneys, Benj. A. Woodcock and R. Paul B.^cwn, and no one appearing protest- i inj against the creation of the proposed district, and the matter was thereupon continued to the 26th day ofJune, 1951, and it appearing to the Court, and the Court so finds, that due and ;::ff'_iont notice as provided by in and 5y order of this Court has been given by publication of the pendency of the petition and I i of the time and place of hearing thereon, and it further app--wring that no petition has been filed in the office of the Clerk of this Court rrotosting against the creation of the proposed district, and the Court having examined the petition and having heard the I � evidence and arguments of counsel, and being now sufficient-* advised in the promises, DOTH 'I:D: That the said petition is in proper form and has been duly signed by the requisite number of tax paying electors of said proposed district and presented in conformi':v with Chanter 1614. of the Session Laws of Colorado of 19)}9, that the allegations of the pet! G trop are true and no protsstlnr, tion has been filed, That each of she foilov. rp named taxpayers haveproper- ties used for manufacturing, minin-, railroad or industrial pur- poses having an assessed value in excess of w25,000.00 at the time of f!ling of the petition herein, which are situate within the 1 I boundaries of the proposed district, to-wit: ' The Public Service Company of Colorado, The Colorado Central Power Company, a The Kunor 3:,son Company, IThe Fort Lupton Canning Company, I The American Telephone and Telegraph Company, I The Union :ncl.fie hnilroad Company, i I ; I The- Groat Western Sugar Company, Colorado P:y era n;• ;na Co penny, • t f { Mountain States Telephone and Telegraph Company, • I 1 Rocky Mountain Pipeline Company, Union Rural Electric Association. 1 That tho Port Lupton Canning Company has consented In writing that its said properties be included within the proposed i district. That the other taxpayers above named have not- filed I such written consent to be included in such proposed district and their respective props-ties should be excluded therefrom. That the description of the outside boundaries of said I j i district, all being within the County of Weld and State of Colorado, J j is particularly described in the Decree follodtag these findings. I . The Court further finds that the following, named indi- viduals designated to serve in said petition as the first Board of 4 l Directors of said District are. ta:payin, electors in said district and have consented to serve as such Board of Directors for the following terms, to-wit: Prank Suckle, to hold office until the first biennial election; W. E. Scott and George Feiertag tc hold. office until two Tiara after the first biennial election; Everett I i Hogelin, to hold office until four y ars after the first biennial election. That Philip Artese, designated in said i E petition to serve on the first Beard of Directors, is a resident of the pro- • Iposed district but does not reside within the boundaries of the • • -2— I - i { district ns hereinafter ;,,,r by the Court and in, therefore, in- to servo as sec:; .:Irnetor. That the potltionors, by their attorneys, have desirrntei -,'rod L. Whitney,. a tax paving, elector in said district, and one t:c petitioners to serve on the first I I board of directors td hold orrice until four years nrtar the first j I 1bi-cnnial eloction and sa!d P•,::I L. Whitnoy has consented to s':rvo as such director. • DEC RE IT IS THEREFORE Oi!7'? :i7, .ADJUDGED MO D_Cfl : That the { Port Lupton :ire Protection District he and the same is horebs declared to be duly organized, and the same shall be a governmental fJ subdivision of the State or Colorado, and n body corporate with all powers of a public cf quasi municipal corporation. IT IS FURTHER ORDERED, ADJUDGED A:© DECRZED: That the territory to be included within said district ! shall be that territory lying within tiro following external • ! gounda:'J lines, to-wit: 1ogin.iinf at the ;;outiiwer L' corner of Section 21, in Township One (1) North, of Range 67 West of the 6th 1 ! P. M. in Weld County, Colorado, thence north along the west boundary I I lines of Sections 21, 16, 9 and 4, all in Township One North, of I Range 67. West of the Sixth 1. L., thence passing into Township Two North, running North along the west boundaries of Sections 33, 25, 21 and 16, in Township 2 :forth, of Range 67 West of the 6th P. U. to the Northwest corner of Section 16 in Township 2 North of flange 67 West of the 6th P. M. , thence running East along the North { boundary lines of Sections •16, 15, 14 and 13, all in Township 2 Borth, of Range 67 West of the 6th P. M., thence passing into Range 66 West of the 6th P. LI., running East along the North boundary lines of Sections 18, 17, 16, 15, 14 and 13, all in Township North, of Range 66 West of the 6th P. N., to the Northeast corner of Section 13, in Township 2 North, of Range 66 West of the 6th P. m. . -3- • 1 . 1 thence South along the .:,rst boundary or Ran!;o 66 and of Sections 1 I 13, 21;, 25 and 36, all In ':w.nsh!p 2 North, of Rarro 66 West of 1 the 6th F. ; thence ,,Inn!r1:7 into Township 1 :forth rind rcnning • ! South elope., the east bor:n.!nry ling or hnnro 66 1West of the 6th 1 I P. M. and alone tho ::•,;; t t.: rndary lines of Sections 1 and 12, both in Townnhip 1 l,n..th of R n::e 66, West or tho 6th P. 1:., to '; tho Southeast corner or soct_on 12 in Township 1 North, of Range I I 66 Nest of the Gth F. ; t!:onco West elan.; bhp South boundary i f i lines of Section: 12 and 11, both in ^.otnship 1 North, of Ronne I 66 West or the 6th P. M. to the Southeast corner of Section 1 ! i in Tovnnhip 1 :forth or 'Rnnro 66; thence South along the East ? ' boundary lines of Suctions 15 and 22, both in Township 1 North 1 of Ranee 66 West of the Gth P. ::. to the Southeast corner of 7f { Section 22, in Township I North of !tepee. 66 'east of the 6th P. M. i thence 'ost alone the South boundary linen of Sections 22, 21, 20 and 19, all in To' nnhip 1 North, Of Range 66 West of the ' 6th P. M; the nee passing into Range 67 West of tam 6th P. Li. rapping, West along the South -bo�:ndnry lines of Sections 21;.,' 23, f 1 22 and 21, all in Township 1 North, of Ranee 67 Wes, 1 t of the Gth P. M. to the place of berinnln�., a:centinr therefrom the real 1 ! and personal property of the following otnern sttuatod within J said District, to-wit: ' The Public Service Company of Colorado, I 1 The Colorado Central Power Company, I ! The Minor mpson Compan• 1 J, r The Mountain States Telephone and Telegraph Company, ; I ; r The American Telephone and Telegraph Company, The-Union Facific Railroad Company, ! 1 r The Rock) Mountain Pipeline Company, I I ' I Union Rural Elsootric Association, ( The Great Western Sugar Company, and I The Colorado Wyoming Gas Company, insofar as any tract or parcel of real estate is used for manu- -4- I .I ; i featuring, minim.;, railroad or industrial purposes, and insofar as the porsonal property thereon consists of machinery and equip- IIT IS :'(::1T'."!a 0 072HEJ, AD,rcma:D ;,;J D:{C[t !D: That the i j corporate name of said District shall be "FORT LUP'fON FIRE PRO- TECTION DISTRICT". IT IS ..U:ir ..R ORD R D, ADJUDGED A D DECR:MD: That the i first Board of Directors of said District shall consist of.Frank Suckle, who shall serve until the first biennial eloction;'`.tY. E. 1 Scott and Georco Poiorts , who ahall serve until to years after I auch election; Everett i:oi7o-in and Fred L. Whitney, who shall servo until four years after such election. That the members of said Eoard shall qualify by filing: with the Clerk of th'e Court their oaths of officd and corporate I surety bonds at the cxnonse of the District in the amo-.utt of i5^,1000.00 each, the form of which bonds shall be as follows: STATE OF COLORADO ) i ) se. IN THE DISTRICT COURT ( COUNTY OF WELD ) . No. 11863 IN-Th.B rATTER OP TEE ORGANIZATION ) • OF FORT LUPTON FIRE PROTECTION ) BOND DISTRICT • ) ) KNOW ALL CM BY THESE PRESENTS, that as principal and , as surety are firmly .{II bound unto the people of the State of Colorado in the penal sum of One Thousand(c)1000.00) Dollars, lawful money of the United States of America for thich payment, well and truly to -bu made and performed, we, and each of us, do hereby bind etrsdvcs, our heirs, executors, administrators, successors and assigns, jointly, severally and firmly by those presents. + - The condition of this obligation is such that if the above named and bounden principal shall faithfully perform the • -7- I duties as a director o; /ert Lu.•ton Fire Protection District j as rnv kiwi by 1r.Iv, t:':^a c!:!.s obli;-atlon shall i ! 11 be void, other_ i t'.tac to ho and remain :n "u'_1 Corco and n_•;'ac t. I Executed t'. ls day of A. U. 1951. 1 As irinclnnl (Spnl.) I __ ] AS :Mirety (Seal) IT IS FChtTE.:d o:w :ici::?t, that tho Clerk or this Court 1 shall, within thirty days from this date, transmit to the County I Clerk and Recorder in `Ye1d County, Colorado, a copy of these findin^s and decree. Dona in open Court this 26th day of June, A. D. 1951. ^y the Court, Judge 1 • • i Hello