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Home My WebLink About20052193.tiff RESOLUTION RE: APPROVE MODIFIED SERVICE PLAN FOR PROPOSED EAST 1-25 SANITATION 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 East 1-25 Sanitation District was filed with the Weld County Board of County Commissioners (the "Service Plan"), and WHEREAS,the Clerk to the Board scheduled a public hearing on the Service Plan to be held at 9:00 a.m., on February 14, 2005, and WHEREAS, notice of the date, time, location, and purpose of the public hearing was duly published in the Fort Lupton Press, the county legal newspaper on January 19, 2005; 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 such 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 Sections 32-1-202(1), and 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 21, 2004, at which time said Commission adopted a Resolution recommending approval of the Service Plan for various reasons as more specifically stated herein, which recommendation was subsequently presented to the Board of County Commissioners at its February 14, 2005, hearing on this matter, as required by Section 32-1-204(2), C.R.S., and WHEREAS,the Board did,on February 14,2005,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 favorable recommendation of the Weld County Planning Commission, and thereupon adopted Resolution No.2005-0252,approving the Service Plan of the proposed East 1-25 Sanitation District, with conditions, and WHEREAS, pursuant to Section 32-1-204(4), C.R.S., petitioners submitted modifications to the Service Plan, incorporating into the text thereof the condition set forth in the Weld County Commissioners' Resolution No. 2005-0252, adopted February 14, 2005, and WHEREAS,the Clerk to the Board scheduled a meeting on the Modified Service Plan (as defined herein) to be held at 9:00 a.m., on August 3, 2005, and 2005-2193 \ SD0094 /IA',(5 (a-pp a) MODIFIED SERVICE PLAN FOR PROPOSED EAST 1-25 SANITATION DISTRICT PAGE 2 WHEREAS, notice of the date, time, location, and purpose of the meeting held August 3, 2005,was duly published in the Fort Lupton Press,the county legal newspaper on July 20, 2005; and notice was provided to each interested party who appeared at the public hearing of the Weld County Commissioners conducted on February 14, 2005; and WHEREAS, the Board, after consideration, finds that the Modified Service Plan and the evidence and testimony presented to the Board meets the criteria contained within Section 32-1-203, C.R.S., and WHEREAS, no written requests for exclusion were submitted to the Board. 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), C.R.S., 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 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. 2005-2193 SD0094 MODIFIED SERVICE PLAN FOR PROPOSED EAST 1-25 SANITATION DISTRICT PAGE 3 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. H. The creation of the proposed District will be in the best interest of the area proposed to be served. A modification to the Service Plan should be effected as reflected in Section 4, below. Section 4. It is acknowledged that a modification pursuant to Section 32-1-204(4), C.R.S., has been made to the Service Plan of the proposed District submitted by the Petitioners(the"Modified Service Plan"), consisting of the following text as a new Section 1.6 thereto: Dissolution of the District Any Petition to the Weld District Court for Organization of the East 1-25 Sanitation District shall request that the Order declaring the district organized shall provide that unless extended by action of the Weld County Commissioners, the district be dissolved if, within 12 months after the date of said Order, the"208 boundary"in the area is not amended by the North Front Range Water Quality Planning Association to follow the boundaries of the District and to allow for its operation therein. The applicant shall provide the Weld County Attorney with the opportunity to review and comment upon said Petition and any proposed Order prior to them being filed with the Court. Section 5. The Modified Service Plan of the proposed District be, and hereby is, approved, without conditions. Section 6. 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 7. All Resolutions, or parts thereof, in conflict with the provisions hereof, are hereby repealed to the extent of such conflict only. Section 8. 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. 2005-2193 SD0094 MODIFIED SERVICE PLAN FOR PROPOSED EAST 25 SANITATION DISTRICT PAGE 4 Section 9. This Resolution is necessary for the health, safety and welfare of the citizenry of Weld County. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 3rd day of August, 2005. BOARD OF COUNTY COMMISSIONERS ILA WELD COUNTY, COLORADO 1861 (A-N u),,` William H e, Chair o lerk to the Board J — Cl'�nfi `� �� M. eile, ro-Tem `87: s eputy Clerk to the Board D id E. Lon APP T� . RM: k /' / Robert D. Masd p County-A torney A ///// Glenn Vaad Date of signature: 9//6/�.y- 2005-2193 SD0094 COLLINS COCKREL & COLE PAUL R.COCKREL A PROFESSIONAL CORPORATION TELEPHONE JAMES P.COLLINS 303-986-1551 ROBERT G.COLE ATTORNEYS AT LAW 800-354-5941 TIMOTHY J.FLYNN 390 UNION BOULEVARD,SUITE 400 EVAN D.ELA DENVER,COLORADO 80228-1556 FACSIMILE 303-986-1755 LINDA G.ALEXANDER WWW.cccfir I.COR1 DAVID A.GREHER DIRECT E-MAIL JAMES M.MOCK dgreherecccfml.com July13, 2005 VIA E-MAIL AND U.S. MAIL Mr. Bruce T. Barker, County Attorney Mr. Lee D. Morrison, Assistant County Attorney Weld County 915 10th Street Greeley, CO 80632 Re: East 1-25 Sanitation District (the "District") Service Plan Amendment Gentlemen: In its Complaint against the proponents of the District and the Board of County Commissioners (the "Board") of Weld County, the Town of Mead (the "Town") argues that the Board's Resolution #2005-0252 Re: Approve Service Plan for Proposed East 1-25 Sanitation District dated February 14, 2005 (the "Resolution") was conditional under Article 1 of Title 32, C.R.S. (the "Special District Act") because it requires the District to be dissolved if the "208 boundary" is not amended within 12 months after the date of the Court Order to organize the District. The Town asserts that "[s]uch condition is not the type of condition authorized by the Special District Act." Plaintiff's Amended Rule I06(a)(4) Complaint, ¶ 55. UNCONDITIONAL RESOLUTION OF BOARD In anticipation of the filing of a Petition for Organization of the District with the Court, we have reviewed the Special District Act, and in particular Section 32-1-204(4), C.R.S. ("Section 204(4)"). Although we disagree with the Town's analysis of the Special District Act, to eliminate this argument of the Town, we request that the Board approve an amended service plan of the District (the "Service Plan"). The Service Plan would be identical in substance to the one approved by the Resolution, except that the dissolution provision would be contained within the Service G:\Clients\Ease 1-25 San(Maass)\Levers\Barker and Monson re Service Plan Amendment 071305 doc x m 2005-2193 az,z COLLINS COCICREL& COLE Mr.Bruce T. Barker,County Attorney Mr. Lee D. Morrison,Assistant County Attorney July13,2005 Page 2 Plan itself, rather than in the body of the Resolution. The new resolution would therefore be "unconditional." LEGAL ANALYSIS Section 204(4) reads: Within twenty days after the completion of the hearing, the board of county commissioners shall advise the petitioners for the organization of the proposed special district in writing of its action on the service plan. If the service plan is approved as submitted, a resolution of approval shall be issued to the petitioners. If the service plan is disapproved, the specific detailed reasons for such disapproval shall be set forth in writing. If the service plan is conditionally approved, the changes or modifications to be made in, or additional information relating to, the service plan, together with the reasons for such changes, modifications, or additional information, shall also be set forth in writing, and the proceeding shall be continued until such changes, modifications, or additional information is incorporated in the service plan. Upon the incorporation of such changes, modifications, or additional information in the service plan of the proposed special district, the board of county commissioners shall issue a resolution of approval to the petitioners. Section 32-1-204(4), C.R.S. Assuming arguendo that the Service Plan was conditionally approved in the Resolution, Section 204(4) provides that "the proceeding shall be continued until such changes, modifications, or additional information is incorporated in the service plan." Section 32-1-204(4), C.R.S. (emphasis added). Because the first sentence of Section 204(4) states that the Board has 20 days to consider the Service Plan "after the completion of the hearing," the reference to "the proceeding" to be continued refers to the Board meeting, not the public hearing. Moreover, we believe that Section 204(4) provides the Board no discretion to continue the meeting; rather, the meeting "shall be continued" by operation of law. When the petitioners present the Board with an amended Service Plan, the last sentence of Section 204(4) provides that "the board of county commissioners shall issue a COLLINS COCKREL& COLE Mr.Bruce T.Barker,County Attorney Mr.Lee D.Morrison,Assistant County Attorney July13,2005 Page 3 resolution of approval to the petitioners." Again, the language provides the Board no discretion to deny approval once the conditions have been met. REQUESTED COURSE OF ACTION We therefore respectfully request that the Board adopt a resolution unconditionally approving an amended Service Plan in which the dissolution provision is contained in the Service Plan itself. The proposed Resolution is attached hereto as Exhibit"A." The text of Section 1.6 of the revised Service Plan reflecting the Board's requirement regarding the "208 boundary" (which is the only change to the Service Plan as previously considered by the Board) is attached hereto as Exhibit "B." The proposed notice of meeting to be published and mailed to interested parties who appeared before the Board at the February 14, 2005 hearing is attached hereto as Exhibit "C." The list of parties who are to receive mail notice is attached as Exhibit"D." Finally, per Section 4 of the Resolution, the proposed revised Petition for Organization is attached hereto as Exhibit "E" for your review and comment. Please contact me if you have any questions regarding these materials. We will be sending the notice of the meeting to the Fort Lupton Press no later than Friday, July 15 for publication on Wednesday, July 20. Sincerely, ba i (t C 1 David A. Greher Encs. cc: James P. Collins EXHIBIT A PROPOSED RESOLUTION (See Attached) RESOLUTION RE: APPROVE SERVICE PLAN FOR PROPOSED EAST 1-25 SANITATION 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 East 1-25 Sanitation District was filed with the Weld County Board of County Commissioners; and WHEREAS, the Clerk to the Board scheduled a public hearing on the Service Plan to be held at 9:00 a.m. on February 14, 2005; and WHEREAS, notice of the date, time, location, and purpose of the public hearing was duly published in the Fort Lupton Press, the county legal newspaper on January 19, 2005; 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 such 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 21, 2004, at which time said Commission adopted a Resolution recommending approval of the Service Plan for various reasons as more specifically stated herein, which recommendation was subsequently presented to the Board of County Commissioners at its February 14, 2005 hearing on this matter, as required by Section 32-1- 204(2), C.R.S.; and WHEREAS, the Board did, on February 14, 2005, 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 favorable recommendation of the Weld County Planning Commission, and thereupon adopted Resolution No. 2005-0252, approving the Service Plan of the proposed East 1-25 Sanitation District, with conditions; and WHEREAS, pursuant to Section 32-1-204(4), C.R.S., Petitioners submitted modifications to the Service Plan, incorporating into the text thereof the condition set forth in the Weld County Commissioners' Resolution No. 2005-0252, adopted February 14, 2005; and WHEREAS, the Clerk to the Board scheduled a meeting on such revised Service Plan to be held at 9:00 a.m. on August 3, 2005; and WHEREAS, notice of the date, time, location, and purpose of the meeting held August 3, 2005, was duly published in the Fort Lupton Press, the county legal newspaper on July 20, APPROVE SERVICE PLAN-PROPOSED EAST 1-25 SANITATION DISTRICT PAGE 2 2005; and notice was provided to each interested party who appeared at the public hearing of the Weld County Commissioners conducted on February 14, 2005; and WHEREAS, the Board, after consideration, finds that the Service Plan and the evidence and testimony presented to the Board meets the criteria contained within Section 32-1-203, C.R.S., and WHEREAS, no written requests for exclusion were submitted to the Board. 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), C.R.S., 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 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. APPROVE SERVICE PLAN-PROPOSED EAST 1-25 SANITATION DISTRICT PAGE 3 G. The Service Plan is in substantial compliance with the Weld County Comprehensive Plan. 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, without conditions. 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 thereof, 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3r° day of August, 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: William H. Jerke, Chair Weld County Cleric to the Board M. J. Geile, Pro-Tern Deputy Clerk to the Board David E. Long APPROVED AS TO FORM: Robert D. Masden County Attorney Glenn Vaad EXHIBIT B SECTION 1.6 OF SERVICE PLAN (See Attached) Proposed language for new Section: 1.6 Dissolution of District The Petition for Organization of the proposed District to be signed by the appropriate taxpaying electors thereof and filed with the Weld County District Court and the Court Order creating the proposed District shall provide that the Board of Directors of the District, unless extended by action of the Weld County Commissioners, shall proceed to dissolve the District if,within twelve (12)months after the date of such Court Order,the "208 boundary"in the area is not amended by the North Front Range Water Quality Planning Association to follow the boundaries of the District and to allow for its operation therein. The Board of Directors of the District shall cause such actions to be taken in order to comply with this Section 1.6. G:1Clients\East 1-25 San(Maass)\Organization\roposed language for new Section.doc EXHIBIT C PROPOSED NOTICE OF MEETING • (See Attached) NOTICE OF PUBLIC MEETING OF THE WELD COUNTY COMMISSIONERS PUBLIC NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Weld County intends to conduct a meeting on Wednesday,August 3, 2005, at the hour of 9:00 a.m. in the Board of County Commissioners Hearing Room, 915 10th Street, Greeley, Colorado, to consider the adequacy of the revisions made to the Service Plan of the proposed East I-25 Sanitation District pursuant to Weld County Commissioners' Resolution No. 2005-0252, and to form a basis for adopting a Resolution approving the Service Plan, without conditions,pursuant to Section 32-1-204(4), C.R.S. THIS NOTICE GIVEN BY ORDER of the Board of County Commissioners of Weld County, Colorado. WELD COUNTY CLERK TO THE BOARD By 1s/Donald W. Warden Published in: Fort Lupton Press Published on: July 20, 2005 G:\Clients\East 1-25 San(Maass)\Orgenization\Notice of Meeting.DOC EXHIBIT D PARTIES WHO APPEARED AT FEBRUARY 14,2005 PUBLIC HEARING BEFORE BOARD OF COMMISSIONERS OF WELD COUNTY, COLORADO Individual Identified Entity of Affiliation(if any) Jim Collins Collins, Cockrel &Cole, counsel for Petitioners John Burgeson MFG, Inc., engineer for Petitioners Russ Caldwell Kirkpatrick Pettis, fmancial advisors to Petitioners Merlin Maass none Gary Wood Representing Sekich Farms Ken Williamson Partner of Zeek, LLP Scott Houston Houston family Don Sekich Sekich Farms Francie Graham none Froth Greenberg City of Longmont Richard Kraemer Mayor, Town of Mead Jim Wright Engineer, Town of Mead Dave DuBois Manager,North Front Range Water Quality Association Ted Bendelow Bendelow Law Finn, counsel to Town of Mead Pete Ziemke Bendelow Law Firm, counsel to Town of Mead EXHIBIT E REVISED PETITION FOR ORGANIZATION (See Attached) DISTRICT COURT,WELD COUNTY, COLORADO Court Address: 901 9th Avenue Greeley, Colorado 80631 Telephone Number: 970-351-7300 IN RE THE ORGANIZATION OF EAST I-25 *COURT USE ONLY* SANITATION DISTRICT Attorney: James P. Collins,Esq. Case No: Collins Cockrel&Cole 390 Union Blvd., Suite 400 Denver,Colorado 80228-1556 Div: Ctrm: Telephone: (303)986-1551 Facsimile: (303)986-1755 E-Mail: jcollins@cccfirm.com Attorney Reg.No. 7958 PETITION FOR ORGANIZATION TO: THE HONORABLE DISTRICT COURT IN AND FOR THE COUNTY OF WELD AND STATE OF COLORADO We, the undersigned taxpaying electors of the proposed East I-25 Sanitation District hereinafter described, present this Petition for Organization of a sanitation district, pursuant to and in accordance with the provisions of the "Special District Act", (the "Act")Article 1 of Title 32, C.R.S., and in support of the Petition state: 1. The name of the proposed District is East I-25 Sanitation District (hereinafter referred to as the "District"). 2. The District is proposed to be organized and to provide the services and construct the facilities and improvements as outlined herein. 3. The type of services to be provided by the District are services authorized under the Act for sanitation districts including, without limitation, the construction and financing of a sewer collection system which will flow to the St. Vrain Sanitation District Treatment Plant, and services as further defined in the Act and as more fully described in the duly approved Service Plan of the District, a copy of which is on file with the County Clerk of Weld County, and is filed herewith, which Service Plan is incorporated herein by reference. Also filed with this Petition is the Resolution of the Board of County Commissioners, Weld County, Colorado, approving the Service Plan. 4. Upon formation, the services, facilities and improvements which the District intends to provide include without limitation: the construction and financing of a sewer collection system which will flow to the St. Vrain Sanitation District Treatment Plant. The District may also continue in existence to provide for the financing, operation and maintenance of a lift station and/or force main, to the extent allowed by the St. Vrain Sanitation District. The District intends to contract for construction, operations and maintenance, and possibly District administration with St. Vrain Sanitation District. 5. The initial boundaries of the District lie wholly within Weld County, Colorado, and within the Little Thompson Water District, Mountain View Fire Protection District, Northern Colorado Water District, and St. Vrain Left Hand Water District. 6. The estimated cost of the proposed facilities and improvements for the District is currently estimated to be approximately $3,072,250 for Phase I; $2,640,950 for Phase II; and$3,903,400 for Phase III; for a total estimated cost of$9,616,600. 7. The property tax revenue for general operating purposes for the District's first budget year (2006) is estimated to be $--0--. The estimated property tax revenue in the first year in which taxes will be collected (2007) is estimated to be $10,440 based upon an estimated assessed valuation of$2,088,180, resulting in a 5.0 mill levy. The maximum mill levy allowed will be 20.0 mills. 8. A general description of the boundaries of the District is attached hereto as Exhibit A and incorporated herein by reference. 9. Unless otherwise extended by action of the Weld County Commissioners, if within twelve (12) months after the date of this Court's Order creating the District, the "208 boundary" is not amended by the North Front Range Water Quality Planning Association to the follow the boundaries of the District and to allow for its operation therein, the Board of Directors of the District shall proceed to dissolve the District, as set forth in the Service Plan of the District. WHEREFORE, Petitioners request that this Honorable Court enter such orders and decrees as may be necessary or proper so that the organization of the East I-25 Sanitation District and any ballot issues or questions necessary to implement the provisions of the Service Plan, and Article X, Section 20 of the Colorado Constitution, including but not limited to a new property tax levy, may be submitted to the District electors at a public election and organized in accordance with law. Signature (printed name) Resident Address 2 Signature (printed name) Resident Address Signature (printed name) Resident Address Signature (printed name) Resident Address 3 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. COUNTY OF WELD ) Affiant, , being first duly sworn on oath,deposes and says that (s)he has read the Petition. That the persons whose names are subscribed to the foregoing Petition are to the best of her/his knowledge persons who are registered to vote at general elections in the State of Colorado and who, or whose spouse, owns taxable real or personal property within the area to be included in the proposed District, whether or not such person resides within the proposed District. Affiant Subscribed and sworn to before me this day of August, 2005, by , Affiant. Witness my hand and official seal. Notary Public My Commission expires: 4 EXHIBIT A (Legal Description of District Boundaries) 5 East 1-25 Sanitation District g \\ 3® 26 - . eeaa - _ 61�J I \,.Y 1 51:51\\V\\\`\\ \\ 5151\\ 5151\\ \`\l`\\\ \\\\\ .4 N. 32 33 5151\...▪\ ..5151\, -✓ ..,`,.<:,:z:,,,•\,:\,\c \ \,F\.�\S 5151;� �,v` l v,,h ....':$,..s.: "+";,'''S \\ \\..C.,;...,-...lot.,‘" �5151 \ \ ,�\ \ \ \ .. Z. \v�v1 v�v151,1v\v��vv t‘ 1 `1 �v v •v vv-�vv 5151 v` Al L vt 5151\\\`\▪ 1\\\` s:::..y:,,, 9i "� ' \`\\,�,1`'\\\�\' -T 5151\C` \ ` 4 ♦ 1 51\\` `\`\`V` \\\.\\\\\t, �"�� , > � � ...-:.„,,,,N,...,:„.‘‘.„..,,,...::,vA v`vY A„vt 11AVA1`1�1J t . ` � A J�v15111v1vVV 51`51vvv1vbbbv y N- \ \ \ h \`l\5151 5151.\5151 5151\�\` .N�. ! 1 51,51 5151 l\\ll 5151\ti\,l\,\,5151\\5151`\\`,V`\\t\4. -1 N. \\fit\,\` `4`\V 5151 V\41\41\\\1\\\A.51.51\5151,K �p 1 \5151 P 5151 b `\`�P V`V`Afi5�'1 �A\V51A4\P. . •vvvv<5<55 `\`\V 5151 5151\\\,\`'\`\\`\\`\1 5151,l 5151,\,5151 `\``5151 11/4\ .1%,` ::.<`\1 \\\\\\\\\\\\\V\\'55IT[ T"Y i \4\\\,,,,,]]]].}}}%�y�1 5151 5151\\\.$\l\\\V\\V 5151,1 Y I \h\ l h\5151 5151 5151\hl\15141 5151 V 1 5151\\,1\,\V,1 5151\\1 ,1,5151 ,\5151\l, 55 5'5%1'5% `\`\`5151 l\\1 5151\1\`l\V ..� `. \ 1$ 51\\\1\\\\\\\5151\\\11\' \ ..::::‘,..s:., \5151,5151\\ ''.."‘‘'<:.<.:::‘,S<'.,51 51 5151,5151,\\,\.41.41\\,l\,l �- 1:l,\5151\ \,\`,1 \:.. ly 1,,\ h\5151,\,\5151, \ , f 5!,\ \ \ \\\,L 5151,\,\ t t\\,V 4 �r `fi\\`c"\"5151\\`5151\ ti 5151\lr,�,'..\\'.„,,\\�,l\,,,\\,\� J{ V, l \\5151\ \\`1 . \` \l\l\\ 5151\\`\ \` 51,51\`\` 1�\ "T .1V Al 6.A�V AA V JAV,V`�A♦�•V1\AA,A v ,1��VV�. \\�5151 •\5151"..Z.:‘‘.1%., •V,.......-><>51,1\1\l.\\``51.45 5151,\\\\55,YYV\,4\\\\l,\ \1\\\1\1.l\,A-\`\l\51\\V\\\51`\\�4\*5151 5151 5151\\514`51\\\\51\`51\ \V:\\51,\51 i5'\\,1NN,. 1\\V \5151^.l 51S.> 5',/'%,:*<\\\,\\1' \1\.4`\V \5151,\\\\\\\\\,\\ 1.S‘55.1\‘‘'\.;,,\\,\ \,,1\...t1/4:::>‘ h\Pte. yya� �.N\ \ \1 my 1p� \5151\ 11\1`\\1,\,\ \ 11' \l 5151,l.4l.4\`1.451.4\ Y6 Y^" Y ! '''''''''''''‘'\.> l\\ 5151 h\\`l 5151\\51\1\ ,\PPP%i.4\51,\51\.$:,,,,s,„,,„,,„ \`,1 V1\1,1 , '\ \\1\,1.\l.s 5151..5151\\5151,V,\ Y>,,,,N h\5151\\1,c 5151,5151,\ �e t \\\5`\\ `\,`514151\t\\\\\�.\\\\\\\\\\\\\\\\\\\`\\\\\\51\`\\\ i. S 1 1 \ ��\ \\,\\�\ \\\ \ \ .4\,\v 5151\ 1 1 • \`1\4v1 1 1 ti`. \^\\\\ \\\`151 t 5151 1 INF / l SP V.R Wv:�t 21 weld County Planning SORROW __ Date December 2004 Lensed County Road T/55 Ratl titiCalitlSm Boundaries aidEast 1-25 Bataan Distnct St.Wail ' Iv 4 CERTIFICATION OF PUBLICATION AND MAILING OF NOTICE OF MEETING IT IS HEREBY CERTIFIED by the undersigned paralegal for the attorney for the proponents for the organization of the East 1-25 Sanitation District ("District") that a Notice of Public Meeting of the Weld County Commissioners on the Service Plan of the proposed District was caused to be published in the Fort Lupton Press, a legal newspaper of general circulation in the area proposed to be included within the District, in the form and on the date evidenced in the Proof of Publication attached hereto as Exhibit A and incorporated herein by this reference. IT IS FURTHER CERTIFIED that on July 19, 2005 copies of such Notice of Public Meeting was mailed to each person who appeared at the February 14, 2005 public hearing of the Weld County Commissioners regarding the Service Plan for the proposed District as shown on Exhibit B attached hereto and incorporated herein by this reference. Dated this 25th day of July, 2005. -DU Michelle L. Wadhams, Paralegal Collins Cockrel & Cole, P.C. 390 Union Boulevard, Suite 400 Denver, Colorado 80228 (303) 986-1551 EXHIBIT' G:\Chcm;AFast 125 San(Maass)\Organization A Certification- o BOCC Meeting NutriL doe y q x f �y EXHIBIT A Proof of Publication of Notice of Meeting In the Fort Lupton Press NOTICE OF PUBLIC MEETING OF THE WELD COUNTY COMMISSIONERS PUBLIC NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Weld County intends to conduct a meeting on Wednesday, August 3, 2005, at the hour of 9:00 a.m. in the Board of County Commissioners Hearing Room, 915 10th Street, Greeley, Colorado, to consider the adequacy of the revisions made to the Service Plan of the proposed East I-25 Sanitation District pursuant to Weld County Commissioners' Resolution No. 2005-0252, and to form a basis for adopting a Resolution approving the Service Plan, without conditions, pursuant to Section 32-1-204(4), C.R.S. THIS NOTICE GIVEN BY ORDER of the Board of County Commissioners of Weld County, Colorado. WELD COUNTY CLERK TO THE BOARD By /s/ Donald W. Warden Published in: Fort Lupton Press Published on: July 20, 2005 G:\Clients\East 1-25 San(Maass)\Organization\Notice of Hearing.D0C NOTICE OF PUBLIC MEETING PROOF OF PUBLICATION OF THE ELD COUNTY FORT LUPTON COMMISSIONERS PUBLIC NOTICE IS HEREBY GIVEN that the Board of County STATE OF COLORADO Commissioners of Weld County COUNTY OF WELD SS. intends to conduct a meeting on Wednesdayy,August 3,2005 al the hour of 9:00a.m, in the Board of County Commissioners Hearing Room, 915 10th Street, Greeley, Colorado to consider the adequacy I, Karen Lambert, do solemnly swear that I of the revisions made to the Service Plan of theproposed East am the Publisher of the Fort Lupton Press; I-25 Sanitation District pursuant to Weld County Commissioners' that the same is a weekly newspaper printed Resolution No. 2005-O252, and to form a basis for adopting a and published in the County of Weld, State Resolution approving the Service Plan,without conditions, pursuant of Colorado, and has a general circulation to Section 32-1-204(4),C.R.S. therein; that said newspaper has been THIS NOTICE GIVEN BY ORDER of the Board of County published continuously and uninterruptedly Cooradol°nersof Weld County, in said county of Adams for a period of more WELD COUNTY CLERK than fifty-two consecutive weeks prior to the Tad BOARD W.By: Donald W.Warden first publication of the annexed legal notice First Publication July 20,2005 Name of Publication Fort Lupton or advertisement; that said newspaper has Press been admitted to the United States mails as second-class matter under the provisions of the act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 consecutive insertion(s); and that the first publication of said notice was in the issue of newspaper, dated 20th day of July, 2005, and the last on the 20th day of July, 2005. • u Is er. u sort a and sworn a ore me, this the 19th day of July, 2005. fe IBOBI JO rr BOND top &7Q otaryNtary u Ic. CASE NO.1111111 key 16600 EXHIBIT B Mr. John Burgeson MFG, Inc. 3801 Automation Way, Suite 100 Fort Collins, Colorado 80525-3434 Mr. Russ Caldwell Kirkpatrick Pettis Smith Polian, Inc. 1600 Broadway, Suite 1100 Denver, Colorado 80202 Mr. Merlin H. Maass P.O. Box 505 Mead, Colorado 80542 Gary A. Woods, Esq. Isaacson, Rosenbaum, Woods & Levy, P.C. 4725 South Monaco Street, Suite 205 Denver, Colorado 80237 Mr. Kenneth A. Williamson Zeek Partnership, Ltd. 14054 1-25 Frontage Road Longmont, Colorado 80501 Mr. Scott Houston 15649 County Road 17 Platteville, Colorado 80651 Mr. Dom Sekich Sekich Farms, Inc. 6775 County Road 32 Platteville, Colorado 80651 Ms. Francie Graham 5003 Weld County Road 36 Platteville, Colorado 80651 Froda Greenberg Town of Longmont 350 Kimbark Street Long, Colorado 80501 Richard Kraemer, Mayor Town of Mead P.O. Box 626 Mead, Colorado 80542 James Wright, Engineer Town of Mead P.O. Box 626 Mead, Colorado 80542 David DuBois, Manager North Front Range Water Quality Planning Association Civic Center, 500 East Third Loveland, Colorado 80537 Edward M. Benedelow, Esq. The Benedelow Law Firm, P.C. 1120 Lincoln Street, Suite 1000 Denver, Colorado 80203 Peter H. Ziemke, Esq. The Benedelow Law Firm, P.C. 1120 Lincoln Street, Suite 1000 Denver, Colorado 80203 4 EXHIBIY 7 9 222 II" Weld County Board of County Commissioners August 3, 2005 Hearing DOCUMENTS SUBMITTED BY THE TOWN OF MEAD Re: East 1-25 Sanitation District { Weld County Board of County Commissioners August 3, 2005 Hearing DOCUMENTS SUBMITTED BY THE TOWN OF MEAD Re: East 1-25 Sanitation District Index of Documents A. Notice of Public Meeting of the Weld County Commissioners B. Board of County Commissioners Agenda for dates August 3, August 1, July 27, July 25, July 20, and July 18, 2005. C. Various Emails from October 14, 2005 to March 1 , 2005. D. Letter from Kim Olge, Planning Manager to Bruce Barker, County Attorney dated June 22, 2005. E. Letter from Jim Landeck, Town Administrator, Town of Hudson to Connie O'Neill, Manager, NFRWQPA dated July 20, 2005. • F. City of Longmont, City Council Communication dated December 14, 2004. NOTICE OF PUBLIC MEETING OF THE WELD COUNTY COMMISSIONERS • PUBLIC NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Weld County intends to conduct a meeting on Wednesday, August 3, 2005, at the hour of 9:00 a.m. in the Board of County Commissioners Hearing Room, 915 10th Street, Greeley, Colorado, to consider the adequacy of the revisions made to the Service Plan of the proposed East I-25 Sanitation District pursuant to Weld County Commissioners' Resolution No. 2005-0252, and to form a basis for adopting a Resolution approving the Service Plan, without conditions, pursuant to Section 32-1-204(4), C.R.S. THIS NOTICE GIVEN BY ORDER of the Board of County Commissioners of Weld County, Colorado. WELD COUNTY CLERK TO THE BOARD By /s/Donald W. Warden Published in: Fort Lupton Press Published on: July 20, 2005 • iGAClientaast 1-25 San(Maass)\Organization\Notice of • Hearing.DOC _ 5L-Le5 COLLINS C0CKREL & COLE Copy PAUL R.COCKREL A PROFESSIONAL CORPORATION TELEPHONE JAMES P.COLLINS 303 9661551 ROBERT G.COLE ATTORNEYS AT LAW 600.354.5941 TIMOTHY J.FLYNN 390 UNION BOULEVARD,SUITE 400 • EVAN D.ELA DENVER.COLORADO 80228-1556 FACSIMILE 303.986.1755 LINDA G.ALEXANDER www.ccefirm.com _ DAVID A.GREHER DIRECT E-MAIL - JAMES M.MOCK cfgreher@ccefirm com July13,2005 VIA E-MAIL AND U.S.MAIL Mr. Bruce T. Barker, County Attorney Mr. Lee D. Morrison, Assistant County Attorney Weld County 915 10th Street ' Greeley,CO 80632 Re: East I-25 Sanitation District(the "District") Service Plan Amendment Gentlemen: In its Complaint against the proponents of the District and the Board of County Commissioners (the "Board") of Weld County, the Town of Mead(the "Town") argues that the Board's Resolution #2005-0252 Re: Approve Service Plan for Proposed East I-25 Sanitation District dated February 14, 2005 (the "Resolution") was conditional under Article 1 of Title 32, C.R.S. (the"Special District Act") because it requires the District to be dissolved if the "208 boundary" is not amended within 12 months after the date of the Court Order to organize the District. The Town asserts that "[s)uch condition is not the type of condition authorized by the Special District Act." Plaintiff's Amended Rule 106(a)(4)Complaint, x( 55. UNCONDITIONAL RESOLUTION OF BOARD In anticipation of the filing of a Petition for Organization of the District with the Court, we have reviewed the Special District Act, and in particular Section 32-1-204(4), C.R.S. ("Section 204(4)"). Although we disagree with the Town's analysis of the Special District Act, to eliminate this argument of the Town, we request that the Board approve an amended service plan of the District (the"Service Plan"). • The Service Plan would be identical in substance to the one approved by the fidk Resolution, except that the dissolution provision would be contained within the Service G:1ClienislEast 1-25 San(Mnass)1LcnenlBarker and Morrison rc Service Plan Amendment 071305.doc COLLINS COCKREL&COLE Mr.Bruce T.Barker,County Attorney Mr.Lee D.Morrison,Assistant County Attorney July13,2005 O'' Page 2 • Plan itself, rather than in the body of the Resolution. The new resolution would therefore be"unconditional." LEGAL ANALYSIS Section 204(4)reads: Within twenty days after the completion of the hearing,the board of county commissioners shall advise the petitioners for the organization of the proposed special district in writing of its action on the service plan. If the service plan is approved-as submitted, a resolution of approval shall be issued to the petitioners. If the service plan is disapproved, the specific detailed reasons for such disapproval shall be set forth in writing. If the service plan is conditionally approved, the changes or modifications to be made in, or additional information relating to,the service plan,together with the reasons for such changes, modifications, or additional information, shall also be set forth in writing, and the proceeding shall be continued until such changes, modifications, or additional information is incorporated in the service plan. Upon the incorporation of such changes, modifications, or additional information in the service plan of the proposed special district, the board of county commissioners shall issue a resolution of approval to the petitioners. Section 32-1-204(4),C.R.S. Assuming arguendo that the Service Plan was conditionally approved in the Resolution, Section 204(4) provides that "the proceeding shall be continued until such changes,modifications, or additional information is incorporated in the service plan." Section 32-1-204(4), C.R.S. (emphasis added). Because the first sentence of Section 204(4)states that the Board has 20 days to consider the Service Plan "after the completion of the hearing," the reference to "the proceeding" to be continued refers to the Board meeting, not the public hearing. Moreover,we believe that Section 204(4) provides the Board no discretion to continue the meeting; rather, the meeting "shall be continued" by operation of law. When the petitioners present the Board with an amended Service Plan, the last sentence of Section 204(4)provides that "the board of county commissioners shall issue a (• C0LLINS COCKREL& COLE Mr.Bruce T.Barker,County Attorney Mr.Lee D.Morrison,Assistant County Attorney Julyl3,2005 Page 3 resolution of approval to the petitioners." Again, the language provides the Board no . discretion to deny approval once the conditions have been met. REQUESTED COURSE OF ACTION We therefore respectfully request that the Board adopt a resolution unconditionally approving an amended Service Plan in which the dissolution provision is contained in the Service Plan itself. The proposed Resolution is attached hereto as Exhibit"A." The text of Section 1.6 of the revised Service Plan reflecting the Board's requirement regarding the "208 boundary" (which is the only change to the Service Plan as previously considered by the Board) is attached hereto as Exhibit"B." The proposed notice of meeting to be published and mailed to interested parties who appeared before the Board at the February 14, 2005 hearing is attached hereto as Exhibit"C." The list of parties who are to receive mail notice is attached as Exhibit"D." Finally, per Section 4 of the Resolution, the proposed C. revised Petition for Organization is attached hereto as Exhibit"E" for your review and comment. Please contact me if you have any questions regarding these materials. We will be sending the notice of the meeting to the Fort Lupton Press no later than Friday, July 15 for publication on Wednesday, July 20. Sincerely, • David A. Greher Encs. cc: James P. Collins (0 EXHIBIT A PROPOSED RESOLUTION (See Attached) • C.! i • • RESOLUTION • RE: APPROVE SERVICE PLAN FOR PROPOSED EAST 1-25 SANITATION 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 East 1-25 Sanitation District was filed with the Weld County Board of County Commissioners; and WHEREAS, the Clerk to the Board scheduled a public hearing on the Service Plan to be held at 9:00 a.m. on February 14, 2005; and WHEREAS, notice of the date, time, location, and purpose of the public hearing was duly published in the Fort Lupton Press, the county legal newspaper on January 19, 2005; 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 such •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 21, 2004, at which time said Commission adopted a Resolution recommending approval of the Service Plan for various reasons as more specifically stated herein. which recommendation was subsequently presented to the Board of County Commissioners at its February 14, 2005 hearing on this matter, as required by Section 32-1- 204(2), G.R.S.; and WHEREAS, the Board did, on February 14, 2005, 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 favorable recommendation of the Weld County Planning Commission, and thereupon adopted Resolution No. 2005-0252, approving the Service Plan of the proposed East I-25 Sanitation District, with conditions; and WHEREAS, pursuant to Section 32-1-204(4), C.R.S., Petitioners submitted modifications to the Service Plan, incorporating into the text thereof the condition set forth in the Weld County Commissioners' Resolution No. 2005-0252, adopted February 14, 2005; and WHEREAS, the Clerk to the Board scheduled a meeting on such revised Service Plan to be held at 9:00 a.m. on August 3, 2005; and WHEREAS, notice of the date, time, location, and purpose of the meeting held August 3, 0 2005, was duly published in the For. Lupton Press, the county legal newspaper on July 20; APPROVE SERVICE PLAN—PROPOSED EAST;-25 SANITATION DISTRICT PAGE 2 2005; and notice was provided to each interested party who appeared at the public hearing of the Weld County Commissioners conducted on February 14, 2005; and WHEREAS, the Board, after consideration, finds that the Service Plan and the evidence and testimony presented to the Board meets the criteria contained within Section 32-1-203, C.R.S.. and WHEREAS, no written requests for exclusion were submitted to the Board. 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 neld herein, and that, pursuant to Section 32-1-204(1.5), C.R.S., 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 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 nearing, 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. APPROVE SERVICE PLAN-PROPOSED EAST I-25 SANITATION DISTRICT PAGE 3 . G. The Service Plan is in substantial compliance with the Weld County Comprehensive Plan. H. Tne 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, without conditions. 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 thereof, 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3`' day of August, 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: William H. Jerke, Chair Weld County Clerk to the Board M. J. Geile, Pro-Tern Deputy Clerk to the Board David E. Long APPROVED AS TO FORM: Robert D. Masden County Attorney Glenn Vaad • • EXHIBIT B SECTION 1.6 OF SERVICE PLAN (See Attached) i • Proposed language for new Section: 1.6 Dissolution of District The Petition for Organization of the proposed District to be signed by the appropriate taxpaying electors thereof and filed with the Weld County District Court and the Court Order creating the proposed District shall provide that the Board of Directors of the District, unless extended by action of the Weld County Commissioners, shall proceed to dissolve the District if,within twelve (12) months after the date of such Court Order, the "208 boundary"in the area is not amended by the North Front Range Water Quality Planning Association to follow the boundaries of the District and to allow for its operation therein. The Board of Directors of the District shall cause such actions to be taken in order to comply with this Section 1.6. • G:\Ciientslfiast{-2S San(Maass)10rganizationlProposed language for new Scction.doc • EXHIBIT C PROPOSED NOTICE OF MEETING • (See Attached) • • NOTICE OF PUBLIC MEETING OF THE WELD COUNTY COMMISSIONERS PUBLIC NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Weld County intends to conduct a meeting on Wednesday,August 3, 2005, at the hour of 9:00 a.m. in the Board of County Commissioners Hearing Room, 915 10th Street, Greeley, Colorado, to consider the adequacy of the revisions made to the Service Plan of the proposed East 1-25 Sanitation District pursuant to Weld County Commissioners' • Resolution No. 2005-0252, and to form a basis for adopting a Resolution approving the Service Plan, without conditions,pursuant to Section 32-1-204(4), C.R.S. THIS NOTICE GIVEN BY ORDER of the Board of County Commissioners of Weld County, Colorado. WELD COUNTY CLERK TO THE BOARD By /s/Donald W. Warden Published in: Fort Lupton Press Published on: July 20, 2005 • ipG:1Clients\East I-25 San(Maass)\Organization'Notice o` Mxting.DOC • EXHIBIT D PARTIES WHO APPEARED AT FEBRUARY 14, 2005 PUBLIC HEARING BEFORE BOARD OF COMMISSIONERS OF WELD COUNTY, COLORADO Individual Identified Entity of Affiliation fif any) Jim Collins Collins, Cockrel & Cole, counsel for Petitioners John Burgeson MFG, Inc., engineer for Petitioners Russ Caldwell Kirkpatrick Pettis, financial advisors to Petitioners Merlin Maass none Gary Wood Representing Sekich Farms Ken Williamson Partner of Zeek, LLP Scott Houston • Houston family Don Sekich Sekich Farms Francie Graham none Froda Greenberg City of Longmont Richard Kraemer Mayor, Town of Mead Jim Wright Engineer, Town of Mead Dave DuBois Manager, North Front Range Water Quality Association Ted Bendelow Bendelow Law Firm, counsel to Town of Mead Pete Ziemke Bendelow Law Firm, counsel to Town of Mead • EXHIBIT E REVISED PETITION FOR ORGANIZATION (See Attached) • • DISTRICT COURT,WELD COUNTY, COLORADO • Court Address: 901 9th Avenue Greeley, Colorado 80631 Telephone Number: 970-351-7300 IN RE THE ORGANIZATION OF EAST 1-25 *COURT USE ONLY* SANITATION DISTRICT Attorney: James P.Collins,Esq. Case No: Collins Cockrel& Cole 390 Union Blvd., Suite 400 Denver,Colorado 80228-1556 Div: Ctrm: Telephone: (303) 986-1551 Facsimile: (303)986-1755 . E-Mail: icoliinsr;cccfirm.com Attorney Reg.No. 7958 PETITION FOR ORGANIZATION TO: THE HONORABLE DISTRICT COURT IN AND FOR THE COUNTY OF WELD AND STATE OF COLORADO We, the undersigned taxpaying electors of the proposed East 1-25 Sanitation District hereinafter described, present this Petition for Organization of a ,sanitation district, pursuant to and in accordance with the provisions of the "Special District Act", (the "Act")Article I of Title 32, C.R.S., and in support of the Petition state: 1. The name of the proposed District is East 1-25 Sanitation District (hereinafter referred to as the "District"). 2. The District is proposed to be organized and to provide the services and construct the facilities and improvements as outlined herein. 3. The type of services to be provided by the District are services authorized . under the Act for sanitation districts including, without limitation, the construction and financing of a sewer collection system which will flow to the St. Vrain Sanitation District Treatment Plant, and services as further defined in the Act and as more fully described in the duly approved Service Plan of the District, a copy of which is on file with the County • Clerk of Weld County, and is filed herewith, which Service Plan is incorporated herein • by reference. Also filed with this Petition is the Resolution of the Board of County • Commissioners, Weld County, Colorado, approving the Service Plan. 4. Upon formation, the services, facilities and improvements which the District intends to provide include without limitation: the construction and financing of a sewer collection system which will flow to the St. Vrain Sanitation District Treatment Plant. The District may also continue in existence to provide for the financing, operation and maintenance of a lift station and/or force main, to the extent allowed by the St. Vrain Sanitation District. The District intends to contract for construction, operations and maintenance, and possibly District administration with St. Vrain Sanitation District. 5. The initial boundaries of the District lie wholly within. Weld County, Colorado, and within the Little Thompson Water District, Mountain View Fire Protection District, Northern Colorado Water District, and St. Vrain Left Hand Water District. 6. The estimated cost of the proposed facilities and improvements for the District is currently estimated to be approximately $3,072,250 for Phase I; $2,640,950 for Phase II; and$3,903,400 for Phase III; for a total estimated cost of$9,616,600. 7. The property tax revenue for general operating purposes for the District's first budget year (2006) is estimated to be $--0--. The estimated property tax revenue in the first year in which taxes will be collected (2007) is estimated to be $10,440 based upon an estimated assessed valuation of$2,088,180, resulting in a 5.0 mill levy. The maximum mill levy allowed will be 20.0 mills. 8. A general description of the boundaries of the District is attached hereto as Exhibit A and incorporated herein by reference. 9. Unless otherwise extended by action of the Weld County Commissioners, if within twelve (12) months after the date of this Court's Order creating the District, the "208 boundary" is not amended by the North Front Range Water Quality Planning Association to the follow the boundaries of the District and to allow for its operation therein, the Board of Directors of the District shall proceed to dissolve the District, as set forth in the Service Plan of the District. WHEREFORE, Petitioners request that this Honorable Court enter such orders and decrees as may be necessary or proper so that the organization of the East 1-25 Sanitation District and any ballot issues or questions necessary to implement the provisions of the Service Plan, and Article X, Section 20 of the Colorado Constitution, including but not limited to a new property tax levy, may be submitted to the District electors at a public election and organized in accordance with law. erature (printed name) Resident Address 2 • • Signature (printed name) Resident Address Signature (printed name) Resident Address Signature (printed name) Resident Address • 3 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ' ) ss. COUNTY OF WELD ) Affiant,_ , being first duly sworn on oath, deposes and says that (s)he has read the Petition. That the persons whose names are subscribed to the foregoing Petition are to the best of her/his knowledge persons who are registered to vote at general elections in the State of Colorado and who, or whose spouse, owns taxable real or personal property within the area to be included in the proposed District, whether or not such person resides within the proposed District. Affiant Subscribed and sworn to before me this day of August, 2005, by , Affiant. Witness my hand and official seal. Notary Public My Commission expires: • 4 EXHIBIT A • (Legal Description of District Boundaries) • 5 Page 1 of 1 Ted Bendelow • . From: Jennifer VanEgdom [jvanegdom@co.weld.co.us] Sent: Tuesday, August 02, 2005 12:01 PM To: Anne Pennington; Artie Elmquist; Barb Eurich; Bethany salzman; Bev Thomas; Brittany Morris; BRUCE Barker; Carol Harding; Char Davis; Chris Gathman; Chris Woodruff; Cindi Etcheverry; Cindy Telep-Turner; CYNDY Giauque; Darrell Gesick; Dave Bressler; David Norcross; DEAN Dreher; DIANE Beckman; DONALD Carroll; Donita May; Douglas Rademacher; Dyer Realty; Edward Bendelow; Edwin Herring; EVA Jewell; FRANCES Collins; Frank Gee; FRANK Hempen; Greg Thompson; Jack McClellan; JACKIE Weimer; Jacqueline Hatch; Jeff Jerome; Jen Oton; Jennifer VanEgdom; Jim Sittner; John Folsom; Judy Griego; Judy Nero; Kathy Baxley; Keith meyer; Kellie Hathaway; Kim Ogle; Lauren Light; LEE Morrison; Leon Sievers; Linda Pyeatt; MARCIA Walters; Marjorie Rae Caudill; MARK WALLACE; Mary Brown; Michelle Martin; MIKE Sampson; MONA WEIDENKELLER; MONICA Mika; Nancy Frase; PAM Smith; Peter Schei; Randy Bangert; Rebecca Waddingham; Robb Cassedy; Robert Jacobs; ROSE Everett; Ruth Pelton; Scott Rudd; Sharyn Frazer; SHERI Lockman; Steve Boeck; STEVE Moreno; SUE Quick; Susan Eckert, CO Bldg and Construction Trades Council; Tina Booton; Todd Williams;TREVOR Jiricek; Valerie Koke; VICKY Sprague; Vicky Taylor; Virginia Shaw; Voneen Macklin; WALT Speckman; Wayne Howard; WENDI Inloes; Windsor-Severance Fire District; ZELMA Wahl Subject: BOCC Agenda for 8/3/05 Jenny VanEgdom Deputy Clerk to the Board of Commissioners (970)356-4000 Ext 4228 • • • • 8/2/2005 • 41, AGENDA 2005-2177 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO WEDNESDAY, AUGUST 3, 2005 9:00 a.m. TAPE#2005-30 SOCIAL SERVICES BOARD PLEDGE OF ALLEGIANCE ROLL CALL: Commissioner William H. Jerke, Chair Commissioner M. J. Geile, Pro-Tern Commissioner David E. Long Commissioner Robert D. Masden Commissioner Glenn Vaad MINUTES: Approval of minutes of August 1, 2005 COUNTY FINANCE OFFICER: 1) Warrants [2005-2178] NEW BUSINESS: • 1) Consider Child Protection Agreement for Core Services and authorize Chair to sign - Southern Corrections Systems, Inc. [2005-2179] 2) Consider Substance Abuse Treatment Service Agreement and authorize Chair to sign - Signal Behavioral Health Network [2005-2180] BOARD OF COUNTY COMMISSIONERS ROLL CALL: Commissioner William H. Jerke, Chair Commissioner M. J. Geile, Pro-Tem Commissioner David E. Long Commissioner Robert D. Masden Commissioner Glenn Vaad MINUTES: Approval of minutes of August 1, 2005 AMENDMENTS TO AGENDA: PUBLIC INPUT: Each individual is allowed a three-minute period of time in which to address the Board of County Commissioners on topics which are not on the consent agenda or not on the Board's regular agenda.The Board will refer any topic it is unable to address during the comment period to staff for resolution or for scheduling of a work session. The Board will not take comments regarding matters which are likely to be considered at a future public hearing,such as a land use or violation hearing,and you will be asked to give your testimony at that hearing,either in person or in writing. Combined public input on any topic shall be limited to 15 minutes. ED APPROVAL OF CONSENT AGENDA: • PRESENTATIONS: 1) Recognition of Services, Workforce Development Board - Dora Johnson, Ron Klaphake, Shannon O'Connor [2005-2181] 2) Recognition of Services, Planning Commission - John Folsom, Bryant Gimlin, James Rohn [2005-2182] 3) Recognition of Services, Child Protection Citizen Review Panel - Susan Bjorland, Barbara Rodgers [2005-2183] 4) Recognition of Services, Board of Public Health - Charles Baum [2005-2184] COMMISSIONER COORDINATOR REPORTS: COUNTY FINANCE OFFICER: 1) Warrants [2005-2185] BIDS: 1) Present Bids 2) Approve Weld County Sheriff's Arena Water Service - Finance Department 3) Approve Tire Recycling Bid - Department of Public Health and Environment 4) Conduct Oral Auction for Sale of Mineral Rights - Department of Finance and Administration NEW BUSINESS: 1) Consider Grant of Permanent Rights of Way and Easements and authorize Chair to sign — Farmers Reservoir and Irrigation Company [2005-2186] 2) Consider Road Maintenance and Improvements Agreement and authorize Chair to sign — Ann Stonebraker [2005-2187] 3) Consider Temporary Closure of WCR 46 between WCRs 59 and 61 - [2005-2188] • 4) Consider Temporary Closure of WCR 38 between WCRs 31 and 33 [2005-2189] 5) Consider Entry upon Various Lands by Weld County Vegetation Management Specialist [2005-2190] 6) Consider Renewal of Tavern Liquor License and authorize Chair to sign — The Fort 21, LTD., dba The Fort 21 [2005-2191] PLANNING OLD BUSINESS: 1) Consider Authorization for the Weld County Attorney to Proceed with Legal Action Against Gary Degge and Western Equipment and Truck, Inc., c/o Alberto Loya for Violation of the Weld County Code (con't from 06/15/05) [2005-2192] I • CONSENT AGENDA SCHEDULE OF ADVISORY BOARD MEETINGS: Aug 4 - Board of Equalization 9:00 AM Aug 4 -Juvenile Community Review Board 12:00 PM Aug 4 - Island Grove Park Advisory Board 3:30 PM Aug 5 - Board of Equalization 9:00 AM Aug 8-Fair Board 7:00 PM Aug 11 -Area Agency on Aging 9:00 AM Aug 12 - Families, Youth, and Children's Commission 7:30 AM ITEMS SCHEDULED FOR FUTURE BOARD MEETINGS: This is not a complete listing of items scheduled for future board meetings; however,it is a listing of those items which are deemed to have interest to various citizens. All board meetings begin at 9 AM Jan 18 - Minor Resubdivision, RS #1072, for Vacation of Certain Roads, Streets or Alleys (Mustang Avenue) Within Green Acres Subdivision - Dennie Hoff/ Ronald and Sally Harms (con't from 01/19/05) HEARINGS: Aug 3 - Hearing to Consider the Amended Service Plan for Proposed East 1-25 Sanitation District 9:00 AM Aug 3 - Docket#2005-51, PL1781 -A Site Specific Development Plan and Use by Special Review Permit#1506 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial and • Industrial Zone Districts (welding fabrication shop) in the A (Agricultural) • Zone District, Daniel Davis, c/o Larry and Kathy Rittel, c/o CR Design Service [located south of and adjacent to State Highway 14; and west of and adjacent to Weld County Road 77] (Planner- Ogle) (Con't from 7/13/05) 10:00 AM Aug 3 - Docket#2005-56, PL1785 - A Site Specific Development Plan and Use by Special Review#1508 for Communications Transmission Towers (two guyed broadcast towers approximately 1,180 feet in height with support buildings) in the A (Agricultural) Zone District, Longmont Broadcasting, LLC, c/o The Bell 5 Land Company [located east of and adjacent to Weld County Road 17, and 1/2 mile north of State Highway 52] (Planner- Gathman) 10:00 AM Aug 3 - Docket#2005-57, PL1786 - A Site Specific Development Plan and Use by Special Review Permit#1509 for a Home Business (fishing supplies, gear and giftware) and for one Single Family Dwelling Unit (other than those permitted under Section 23-2-20.A of the Weld County Code) in the A (Agricultural) Zone District, Jason and Amy Krill [located east of and adjacent to Weld County Road 1, approximately 1/4 mile south of State Highway 52 (Planner- Gathman) 10:00 AM Aug 3 - Docket#2005-58, PL1787 - A Site Specific Development Plan and Use by Special Review Permit#1511 for a Home Business (storage of excavating/construction equipment) in the A (Agricultural) Zone District, Alan and Carol Davis [located south of and adjacent to Weld County Road 36, approximately 1/4 east of Weld County Road 7] (Planner- Hatch) 10:00 AM • Aug 8 - Docket#2005-59, SD0116 - Creation of Southwestern Weld County Law EnforcementAuthority encompassing a tract of land located in the Southeast Quarter (SE1/4) of Section 33, Township 3 North, Range 68 • • West of the 6th P.M., Weld County, Colorado 9:00 AM HEARINGS CONTINUED: Aug 17 - Docket#2005-52, PL1415 -A Site Specific Development Plan and Amended Use by Special Review Permit#1268 for a Recreational Facility, with uses similar to those seen at Guest Farms and Fairgrounds, in the A (Agricultural) Zone District, Edward and Eileen Fritzler, Go KGF, Inc., Attn: Glen Fritzler[located south of and adjacent to Highway 256; west of and adjacent to State Highway 85; and 1/2 mile east of Weld County Road 31] (Planner- Lockman) (Con't from 7/13/05) 10:00 AM Aug 17 - Docket#2005-53, PL1782 - Change of Zone, PZ#1058, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for eight (8) lots with E (Estate) Zone uses and 11.2 acres of open space, Francisco Garcia [located south of and adjacent to State Highway 60; and 1/4 mile west of Weld County Road 5] (Planner- Ogle) (Con't from 7/20/05) 10:00 AM Aug 17 - Docket#2005-60, PL1757 - A Site Specific Development Plan and Minor Subdivision Final Plan, MF#1056, for four residential lots - Pheasant Meadow, Francisco Granados, c/o Pickett Engineering, Inc. [located north of and adjacent to Weld County Road 60.5; and east of and adjacent to Highway 37] (Planner- Lockman) 10:00 AM Oct 26 - Docket#2005-29, PL1016 - Hearing to show whether good cause exists for revocation of Use by Special Review Permit#1100 for a Commercial Business (auto and farm machinery repair) in the A (Agricultural) Zone . District, Joe and Rita Gaona [located south of and adjacent to Weld County Road 74, approximately 1/4 mile east of Weld County Road 47] (Planner- Lockman) (Con't from 04/25/2005) 10:00 AM REPORTS: 1) Department of Planning Services, Staff Approvals #2005-2194 COMMUNICATIONS: 1)Utilities Coordinating Advisory Committee, Agenda for August 11, 2005 2)Planning Commission, Agenda for August 2, 2005 3)Northwest Parkway Public Highway Authority- The Northwest Parkway Disclosure Document 2005, 2nd Quarter 4)Security Title Guaranty Co., Addition to File PR0027, Closing Documents for Sale of Food Bank/Exchange fo PUBLIC REVIEW: 1) Colorado Department of Public Health and'Environment, Safeway Stores, Inc. - Public Notice, Preliminary Analysis, Emission Notice and Draft Permits RESOLUTIONS (Please see document for signature and/or execution date): 1)Approve Consultant Agreement for Migrant/Seasonal Head Start Program - Cathy Loesch[2005-2150] 2)Approve Appointment to Community Corrections Board [2005-2151] 3)Approve Appointment to Board of Retirement [2005-2152] 4)Approve Appointments to Northeast Colorado Regional Emergency Medical and Trauma Services Advisory Council [2005-2153] 5)Approve Appointments to Planning Commission [2005-2154] wir 6)Approve Letter Agreement for Use of Conduit - ICG Telecom Group, Inc. [2005-2155] es RESOLUTIONS CONTINUED: 7)Approve Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance), and Accept Collateral for AMUSR#1416 - Ann Stonebraker [2005-2158] MISCELLANEOUS: * 1)Standard Form of Agreement Between Owner and Contractor for Southeast Weld County Services Building - Sun Construction and Design Services, Inc. [2005-2195] * Signed this date • • • • m• c‘'' to O O N ti u) d' c r 2 N U m O O N - W w . w 0 0 O 00 CL In Q ci � � N m0 E EOM O 2 CO 00 ‘.. = r: In w 0 o V wi- I = Oi 9 H (7ZZQcw C Z in > > ofd w in O O Q000 F J N 0 cv O Q -1 0 Q N LL 0 N o w .L U >, O >. et > 0 m Cl) r _ 0 m O O wi o r CL 0 o M F7 co w Q F; a� . 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E C L N 2 c no o m am ¢ ° a @ n ou. E ¢ O c O 2 c w pmc o `—° z O `-° o O N U >, D U -O C I.) U U Cil a) c 0 C a) E C O -O J C y O a) O C a)(13 -' C0 .4C73 a) CO0)-2- c0 o v! U a) L •EU > • -a � Q � a � cLO-. a) C U Q Co O C .m a a) ° y U E d ° 0 oEN � oCo O ° (1) 13 () C▪ T C z a) O .` a en 0)) 0Ni) W e w. N >'=...>'L 0_ � U -o Z a) a) t • 0 c o r a) a) a a) Q) J 0 a) -c UliiiL- m 0 o o ca oZ . j 0m a) 0 as a. VQ o) in Q ¢ Q — r N CO N • �N W rNC7 V U') O " 5 « • x • • AGENDA 2005-2083 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO WEDNESDAY, JULY 20, 2005 9:00 a.m. TAPE #2005-30 SOCIAL SERVICES BOARD PLEDGE OF ALLEGIANCE ROLL CALL: Commissioner William H. Jerke, Chair Commissioner M. J. Geile, Pro-Tern Commissioner David E. Long Commissioner Robert D. Masden Commissioner Glenn Vaad MINUTES: Approval of minutes of July 18, 2005 COUNTY FINANCE OFFICER: 1) Warrants [2005-2084] • BOARD OF COUNTY COMMISSIONERS ROLL CALL: Commissioner William H. Jerke, Chair Commissioner M. J. Geile, Pro-Tern Commissioner David E. Long Commissioner Robert D. Masden Commissioner Glenn Vaad MINUTES: Approval of minutes of July 18, 2005 AMENDMENTS TO AGENDA: PUBLIC INPUT: Each individual is allowed a three-minute period of time in which to address the Board of County Commissioners on topics which are not on the consent agenda or not on the Boards regular agenda.The Board will refer any topic it is unable to address during the comment period to staff for resolution or for scheduling of a work session. The Board will not take comments regarding matters which are likely to be considered at a future public hearing,such as a land use or violation hearing,and you will be asked to give your testimony at that hearing,either in person or in writing. Combined public input on any topic shall be limited to 15 minutes. APPROVAL OF CONSENT AGENDA: COMMISSIONER COORDINATOR REPORTS: . . COUNTY FINANCE OFFICER: 1) Warrants [2005-2085] 1 • BIDS: 1) Present Bids 2) Approve Household Hazardous Waste Bid - Department of Public Health and Environment NEW BUSINESS: 1) Consider Regional Head Start Corrective Action Plan and authorize Chair to sign [: 2) Consider Application for Juvenile Accountability Block Grant Program and authorize Chair to sign [: 3)Consider Resolution re: Cancellation of Board of County Commissioners Meeting Scheduled for August 10, 20 4)Consider Corrected Amended Nonexclusive License Agreement for the Upgrade and Maintenance of WCRs 1 5) Consider Appointment of Commissioner David Long to HB1451 Interagency Oversight Group [: PLANNING: 1)Consider Resolution re: Cancellation and Release of Certain Collateral and Deem the Keeping of Such Collate • • CONSENT AGENDA SCHEDULE OF ADVISORY BOARD MEETINGS: Jul 20 - Emergency Medical Services Council 7 Jul 21 - Juvenile Community Review Board 1 Jul 21 - Greeley-Weld County Airport Authority 4 Jul 25 - Board of Trustees for NCMC 1 Jul 26 - Board of Public Health 9 Jul 26 - Regional Communications Advisory Board 1 Jul 26 - Community Corrections Board 1 Jul 27 - EDAP Board 7 Jul 28 - Board of Equalization 9 Jul 28 - Noxious Weed Management Advisory Board 7 Jul 29 - Board of Equalization 9 Aug 2 - Board of Equalization 9 Aug 4- Board of Equalization 9 Aug 5 - Board of Equalization 9 ITEMS SCHEDULED FOR FUTURE BOARD MEETINGS: This is not a complete listing of items scheduled for future board meetings;however,it is a listing of those items which are deemed to have interest to various citizens. All board meetings begin at 9 AM Aug 1 -Third Reading of Ordinance#2005-5, In the Matter of Repealing and Reenacting Chapter 30 Sewage Systems, of the Weld County Code Aug 1 -Third Reading of Ordinance #2005-6, In the Matter of Repealing and Reenacting, with Amendments, Chapter 14 Health and Animals, and Chapter 23 Zoning, of the Weld County Code Aug 3 -Consider Authorization for the Weld County Attorney to Proceed with Legal Action Against Gary Degge and Western Equipment and Truck, Inc., c/o Alberto Loya for Violation of the Weld County Code (con't from 06/15/05) Jan 18 - Minor Resubdivision, RS #1072, for Vacation of Certain Roads, Streets or Alleys (Mustang Avenue)Within Green Acres Subdivision - Dennie Hoff/ Ronald and Sally Harms (con't from 01/19/05) HEARINGS: July 20 -Docket #2005-53, PL1782 - Change of Zone, PZ#1058, from the A(Agricultural)Zone District to the PL Weld County Road 5] (Planner- Ogle) 10:00 AM July 27 - Docket#2005-54, PL 1783 -A Site Specific Development Plan and Use by Special Review Permit#151 Weld County Road 76] (Planner- Lockman) 10:00 AM • HEARINGS CONTINUED: July 27 - Docket#2005-55, PL 1784 - Change of Zone, MZ#1025, from the A(Agricultural)Zone District to the E and adjacent to Weld County Road 84] (Planner- Lockman) 10:00 AM Aug 3 -Docket#2005-56, PL1785 -A Site Specific Development Plan and Use by Special Review#1508 for Con Company [located east of and adjacent to Weld County Road 17, and 1/2 mile north of State Highway 52] (Planner- Gathman) 10:00 AM Aug 8-Docket#2005-59, SD0116 - Creation of Southwestern Weld County Law Enforcement Authority encompE Oct 26 -Docket#2005-29, PL1016 - Hearing to show whether good cause exists for revocation of Use by Specia 1/4 mile east of Weld County Road 47] (Planner- Lockman) (Con't from 04/25/2005) 10:00 AM PUBLIC REVIEW: 1) Civil Resources, LLC/Hall Irwin Corporation - Parker/Dersham Sand and Gravel Resource - MLRB 112 Reclamation Permit RESOLUTIONS (Please see document for signature and/or execution date): 1)Action of the Board Concerning Vacating Show Cause Date for Use by Special Review Permit#828 - Judy OS 2) Approve Electronic Recording Memorandum of Understanding - Affiliated Computer Services [: 3)Approve Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road NI 4)Accept Resubdivision, RS #1096, for Lot Line Adjustment in Dos Rios Estates, Second Filing, Phase II -Allelyi MISCELLANEOUS: *1) WellsOne Commercial Card Agreement for P-Card Program -Wells Fargo Bank [: Signed this date • • r M O N in O O N O m M c o Lai N 8 as to O O N Ce cn W • Wit O 0 o O Ce Cl) 4 CO O 0 S 5 -1 ao e? 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Q O• 0 O f6 CO >. f6 N Q O C C C 7 01 L 'O 7 U N C 7 O > N ' O .O o CC U) 0 C r curn� I 5 R TD 7 -0 y _C ,C N w O N N V Cal .L.. N f0 Q M V V V V r Qe owU 0 0 0 0 0 -0 NNNNN CD Z C c w c • Tcs 0 ii E. U _rn -C • r N C) V' to O y 0 7 #V G 3 3 Y • e x 3 rage iorz Bruce Barker From: Bruce Barker Sent: Thursday, October 14, 2004 10:33 AM To: jcollins@cccfirm.com' Cc: Lee Morrison Subject: RE: East 1-25 Sanitation District Jim: Thanks for your e-mail. I received your letter and the 3 draft copies on Monday. Unfortunately, I have not been able to get to it yet. I have asked Lee Morrison, Asst. Weld County Attorney, to review the draft and to let you know if we see the need for any modifications. He will also send the other 2 copies of the draft to Kim Ogle of the Planning Department and to Don Warden, Director of Finance and Administration. If we could get back with you next week, that would be great. The $500 is the correct fee (payable to Weld County, Colorado) and 16 copies of the final should be enough. On the last special district plan that we did, we had the applicant do the notice for the property owners and publications and then certify. The Planning staff posted notices (but that was for 1 lot, rather than the 2,500 +/- acres this district will have, so posting may not work). Let us know if its OK to respond by late next week. From: Jim Collins [mailto:jcollins@cccfirm.com] Sent: Thursday, October 14, 2004 9:54 AM To: Bruce Barker Subject: East I-25 Sanitation District Dear Bruce: • Next week 1-was intending to file with Weld County a final revised Service Plan for the proposed East 1-25 Sanitation District. There are some boundary and acreage adjustments that are being made, and minor other changes to avoid direct conflict with the Town of Mead. Preparatory to that filing, I do have some questions, as follows: 1. Was there anything in the draft Plan that you or Planning staff thought needed to be discussed prior to my putting the Service Plan in final form? 2. The statute under which we are filing, of course, is § 32-1-201, et seq., C.R.S. In accordance with § 32-1-202(3), I am intending to remit a $500 processing fee. I presume that is acceptable. Let me know if it is not. 3. lam thinking that 16 copies should be sufficient for the County Commissioners, Planning Commissioners, Planning staff and you. Please let me know if a different number is requested. • 4. We are prepared to handle all of the mailings of Notice and Publications, and certify compliance at the County Commissioners' hearing. Please let me know if you would rather • have that handled in-house. IDI continue to look forward to working with you. Please let me know on the above at your convenience. 3/2/2005 rage zor r- 2 Sincerely, • Jim Collins James P. Collins Collins Cockrel& Cole 390 Union Blvd., Suite 400 Denver, Colorado 80228 303.986.1551 303.986.1755(fax) THE INFORMATION CONTAINED IN THIS EMAIL MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE EMAIL ADDRESS.THANK YOU • • 3/2/2005 Page 1 oI 1 Bruce Barker From: Jim Collins Ucollins@cccfirm.com] Sent: Thursday, October 14, 2004 11:38 AM To: Bruce Barker Subject: East I-25 Sanitation District Dear Bruce: Thank you for your response. Yes, late next week is fine. I look forward to hearing from you then. Sincerely, Jim Collins James P. Collins Collins Cockrel& Cole 390 Union Blvd., Suite 400 Denver, Colorado 80228 303.986.1551 303.986.1755 (fax) • THE INFORMATION CONTAINED IN THIS EMAIL MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL • INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE.IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE EMAIL ADDRESS.THANK YOU • 3/2/2005 rage J. att Bruce Barker • From: Bruce Barker Sent: Friday, October 22, 2004 4:58 PM To: 'jcollins@cccfirm.com' Cc: Lee Morrison Subject: RE: Jim: Lee Morrison will e-mail you on Monday morning with some comments. Bruce Barker. From: Jim Collins [mailto:jcollins@cccfirm.com] Sent: Friday, October 22, 2004 4:09 PM To: Bruce Barker Subject: RE: East 1-25 Sanitation District Dear Bruce: Were there any comments on the rough draft Service Plan that we sent over? We are anxious to put this in final and file it with you formally. I am gone half of next week and all of the following week, so I am running a little short of time. Please let me know. Sincerely, Jim Collins To facilitate more expedient email attachment transfers, a compressed file format may be used. Compressed files have a ".ZIP" file extension. If you are unable to open attachments with a ".ZIP" file extension, please download and install an evaluation copy of the compression software found at: http://www.winzip.com/downau81.cgi?winzice l.exe The attached has been formatted in Microsoft Word, and cleared of all known viruses through our nightly automated McAfee VirusScan updates. You may wish to also check the attachment for viruses prior to downloading it to your computer. Please contact our office if you have any problems opening or downloading the attached. THE INFORMATION CONTAINED IN THIS EMAIL MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE EMAIL ADDRESS. THANK YOU. • 3/2/2005 :Bruce Barker • From: Lee Morrison nt: Monday, October 25, 2004 4:20 PM jcollins@cccfirm.com Cc: Kim Ogle; Bruce Barker Subject: Emailing: East 1-25 Sanitation District Plan comments (2).wpd East I-25 Sanitation District... Jim, Attached are Kim Ogle of the Planning Department' s comments which should be viewed as an indication of lack of evidence to show that the criteria described are met . Our Finance Director may have some additional comments later this week. I would add to Kim' s comments a suggestion that the service plan limit expansion beyond what is described in the 3 phases absent an amendment to service plan or at least express agreement ( not the tacit agreement process of notice and no response from the Board Lee D. Morrison Assistant Weld County Attorney 915 10th St. , PO Box 758 Greeley, CO 80632 (970) 356-4000 x 4395 : FAX 352 0242 This e-mail contains confidential and/or privileged information. If the reader is not the intended recipient, please reply and delete your copy of this message. " • 111 • Quick Comments for the Draft East 1-25 Sanitation District proposal • It is the opinion of the Department of Planning Services' staff that the applicant has not shown compliance with Section 32-1-203(2) and Section 32-1-203(2.5), C.R.S.. as follows: • Section 32-1-203(2) states the Board of County Commissioners shall disapprove the service plan unless evidence satisfactory to the Board of each of the following is presented: (a) There is sufficient existing and projected need for organized service in the area to be serviced by the proposed special district. The proposal identifies sanitary sewer delivery to St. V sanitation from lands located east of Mead yet inside the District 208 Boundary for Mead Sanitation. The proposal states that Lift Stations will be employed, yet it is the understanding of this office that St. V. has historically been against such improvements for transfer of effluent. (b) The existing service in the area to be served by the proposed special district is inadequate for present and project needs. There is no evidence presented stating that the town of Mead does not have the capacity to serve future sanitation requirements with improvements and expansion of their existing facility. (c) The proposed special district is capable of providing economical and sufficient service to the area within its proposed boundaries. It is the experience of this office that the information provided may be inadequate based • on the type of analysis performed and documented for this type of proposal. It appears that there is inadequate information, analysis or data to make a professional determination of the district's financial feasibility. The applicant should consider additional financial analysis by appropriate professionals Due to the limited information of any financial detail there is no evidence in the service plan to find that the proposed District is capable of providing economical and sufficient service to the area that it intends upon serving. (d) The area to be included in the proposed special district has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. Due to the limited information of any financial detail there is no evidence in the service plan to find that the proposed District has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. The applicant should consider additional financial analysis by appropriate professionals • Section 32-1-203(2.5) states "the Board of County Commissioners may disapprove the service plan if evidence satisfactory to the Board of any of the following, at the discretion of the Board, is not permitted: (a) Adequate service is not, or will not be, available to the area through the county or other existing municipal or quasi-municipal corporations„ including existing special districts, within a reasonable time and on a comparable basis. • The town of Mead has stated that they have the capacity to serve future sanitation requirements with improvements and expansion of their existing facility. Evidence addressing their contentions should be included. (b) The facility and service standards of the proposed special district are compatible with the facility and service standards of each county within which the proposed special district is to be located and each municipality which is an interested party under Section 32-1-204(1). • (c) The proposal is in substantial compliance with a master plan adopted pursuant to Section 30-28-106, C.R.S. Not in compliance with the Comprehensive Plan and the County's Development Policy. Lands associated with this proposed Sanitation District are outside of both an Urban Growth Boundary Area and an Intergovernmental Agreement Area, thus staff will support nine lots or less. Although urban scale services may be available, should an applicant propose greater than nine developable lots, staff will recommend denial of all land use applications. For urban scale development to be supported by the Department of Planning Services, an amendment to the Comprehensive Plan (Section 22-1-150.6.7) 1-25/ MUD boundary will be required and approved by the Board of County Commissioners. (d) The proposal is in substantial compliance with any duly adopted county, regional, or state long range sanitary management plan for the area. Not in compliance with the Comprehensive Plan and the County's Development Policy. (e) The creation of the proposed special district will be in the best interests of the area proposed to be served. The following provision would be applicable if the area is not included into the MUD • Section 22-2-30.A states "The County consistently ranks among the top five (5) counties in the nation in terms of receipts for agricultural products by the Census of Agriculture since 1964. The County is one (1) of the most productive agricultural counties in the State, and accounts for five and 87/100 percent (5.87%) of the State's thirty-two million (32,000,000) acres of land in farms. The soil, topography and irrigation system support this extensive agricultural industry. The County's significant amount of irrigated and nonirrigated farmland produces a wide variety of crops. The State and County witnessed a decline in the number of acres devoted to the farming industry since the 1992 Census of Agriculture. The County experienced a decrease of eight percent (8%), double the State's decrease in loss of acres devoted to the farming industry. The number of full-time farms also decreased nine percent (9%) from one thousand eight hundred seventy (1,870) farms in 1992 to one thousand six hundred ninety-eight (1,698) in 1997. This decrease was double the decrease witnessed at the state level. The market value of agricultural products sold in the County increased nine percent (9%) to more than $1 billion ($1,286,636,000) in the 1992 to 1997 time frame. The overall impact of agri-business in the County, including income and gross sales, is $3.9 billion annually." The proposed Service Plan removes land for agricultural production from County farmers, therefore, the creation of the proposed special district will be in the best interests of the area proposed to be served and not in the interests of the agrarian County of Weld. • ragc t ui L Bruce Barker From: Jim Collins Ucollins@cccfirm.com] • Sent: Wednesday, December 22, 2004 2:00 PM To: • Bruce Barker Cc: 'Merlin H. Maass'; 'Gary A.Woods';john.burgeson@mfgenv.com Subject: East 1-25 Sanitation District Dear Bruce: Again, I sincerely thank you for all of your accommodation yesterday. I look forward to continuing to work with you. As I indicated to you I would do, attached is a rough draft Resolution for consideration by the Board of County Commissioners at the hearing before the Commissioners. It has a number of blanks, including the Condition that we discussed yesterday. We may have to hone the wording of that Condition. Please know that when the Commissioners set the hearing,we need to then send our letter notice to the owners, at least 20 (not more than 30) days before the hearing. We then must publish notice at least 20 days prior to the hearing. Please let me know in which newspaper we should be publishing. Finally, we need to mail to municipalities and other special districts within a 3 mile radius of the proposed District. Accordingly, it would be good to have the hearing set at least 30 days out, so that we can accomplish these tasks, and certify and provide proofs at the hearing. I presume you would prefer that our office send out these notices, • and certify to you. Occasionally, the County wishes to do it themselves, but I cannot imagine why. Very best wishes for the Holidays and the New Year! I am heading with my family to Cozumel next week, so hopefully we can pick this up on January 3rd Sincerely, Jim Collins • <Attachment> James P. Collins Collins Cockrel& Cole 390 Union Blvd., Suite 400 Denver, Colorado 80228 • 303.986.1551 303.986.1755 (fax) THE INFORMATION CONTAINED IN THIS EMAIL MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL • INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY 3/2/2005 rage L oI L • DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED.IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE EMAIL ADDRESS.THANK YOU • • • • • • 3/2/2005 BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, STATE OF COLORADO RESOLUTION NO. RESOLUTION REGARDING SERVICE PLAN FOR EAST 1-25 SANITATION DISTRICT WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, is vested with administering the affairs of Weld County, Colorado, pursuant to state statutes; and WHEREAS, pursuant to the provisions of the "Special District Control Act", Part 2 of Article 1, Title 32, C.R.S., the Petitioners of the proposed East I-25 Sanitation District filed a Service Plan for the proposed East 1-25 Sanitation District ("District") in Weld County, Colorado on , 2004; and WHEREAS, pursuant to the provisions of Subsections 32-1-202(1) and 32-1-204O), C.R.S., the Board of County Commissioners of Weld County, Colorado, scheduled a public hearing on the Service Plan to be held at p.m. on , 2005; and • WHEREAS, notice of the date, time and location and purpose of said hearing was duly published in the , a newspaper of general circulation, on , 2005; notice was provided to the Division of Local Government in the Department of Local Affairs of the name and type of the proposed District; notice of the date, time and location of the 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 District; and to said Division, as required by Subsections 32-1-202(1) and 32-1- 204(1), C.R.S.; and mailing of a letter notification to the property owners within the proposed District boundaries, pursuant to Subsection 32-1-204(1.5), C.R.S.; and WHEREAS, the Weld County Planning Commission studied and considered the Service Plan at its meeting of December 21, 2004, and at which time said Commission recommended a certain condition to the Service Plan, which recommendation was subsequently presented to the Board of County Commissioners, as required by Subsection 32-1-204(2), C.R.S.; and WHEREAS, this Board did on , 2005, conduct a full public hearing on this matter, taking evidence establishing the jurisdiction of the Board to hear this East 1-25 Sanaanot1/O5Eamnsion Rcsolution of Approval • 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, this Board has fully considered the Service Plan and all testimonyand other evidence presented to it in this matter relating to the Service Plan, including the favorable recommendation of the Weld County Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: 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. Section 2. 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 within the proposed District 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 governmental organization, 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; G. The Service Plan is in substantial compliance with the Weld County Master Plan; and East 1-25 Sanitation/Organization kcsoluuon of Approval • H. The proposal is in compliance with the long-range water quality management plan for the area; and I, The creation of the proposed District will be in the best interest of the area proposed to be served. • Section 3. The Service Plan of the proposed District shall be and is hereby approved upon the condition outlined on Exhibit A attached hereto and incorporated herein by this reference. Section 4. The Clerk to the Board is hereby 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 5. All Resolutions, or parts thereof, in conflict with the provisions hereof, are hereby repealed to the extent of such conflict only.. Section 6. This Resolution, immediately upon its passage, shall be authenticated by the signatures of the Board of County Commissioners and the County Clerk and Recorder and sealed with the corporate seal of the County. • Section 7. This Resolution is necessary for the public health, safety and welfare of the citizenry of the County of Weld, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Weld, State of Colorado, at its regular meeting held the day of , 2005. COUNTY OF WELD, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS By By Clerk to the Board of Chairman County Commissioners • _ East 125 Sanitation/Organtzation Resolution of Approval • EXHIBIT A • (Condition of Approval of Service Plan) • East 1-25 Sanitation/Organization Resolution of Approval Page 1 of 2 • • Bruce Barker • From: Kim Ogle Sent: Monday, January 03, 2005 8:04 AM To: Bruce Barker Cc: Monica Mika; Kim Ogle Subject: RE: East 1-25 Sanitation District Bruce Questions and comments Page 1 Paragraph II - the date is the date the Board (i.e., Don Warden)accepted the Service Plan? Paragraph III -BCC hearing date? Paragraph IV-Date for BCC hearing? Paragraph VI-date of BCC hearing? Page 3 Last paragraph -same date as Paragraph VI? Page 2. Item G. should read: The Service Plan is in substantial compliance with the Weld County Comprehensive Plan; and • Proposed Document appears to adequately represent this case. Thanks for the opportunity to review. Kim From: Bruce Barker Sent: Wednesday, December 29, 2004 1:43 PM To: Lee Morrison; Kim Ogle; Monica Mika Subject: FW: East I-25 Sanitation District I can't remember if I sent this to all of you all. Please review Jim's proposed resolution and let me know what you think. From: Jim Collins [mailto:jcollins@cccfirm.comj Sent: Wednesday, December 22, 2004 2:00 PM To: Bruce Barker Cc: 'Merlin H. Maass'; 'Gary A. Woods'; john.burgeson@mfgenv.com Subject: East I-25 Sanitation District Dear Bruce: • Again, I sincerely thank you for all of your accommodation yesterday. I look forward to continuing to work with you. As I indicated to you I would do, attached is a rough draft Resolution for consideration by the Board of County • Commissioners at the hearing before the Commissioners. It has a number of blanks, including the Condition that we discussed yesterday. We may have to hone the wording of that Condition. 1/7/2005 Page 2 of 2 _ .,r• Please Please know that when the Commissioners set the hearing, we need to then send our letter notice to the owners, at least 20 (not more than 30) days before the hearing. • We then must publish notice at least 20 days prior to the hearing. Please let me know in which newspaper we should be publishing. Finally, we need to mail to municipalities and other special districts within a 3 mile radius of the proposed District. Accordingly, it would be good to have the hearing set at least 30 days out, so that we can accomplish these tasks, and certify and provide proofs at the hearing. I presume you would prefer that our office send out these notices, and certify to you. Occasionally, the County wishes to do it themselves, but I cannot imagine why. Very best wishes for the Holidays and the New Year! I am heading with my family to Cozumel next week, so hopefully we can pick this up on January 3rd Sincerely, Jim Collins <Attachment> • James P. Collins Collins Cockrel& Cole 390 Union Blvd., Suite 400 Denver, Colorado 80228 • 303.986.1551 303.986.1755 (fax) THE INFORMATION CONTAINED IN THIS EMAIL MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE.IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED.THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED,IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY ILLEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE EMAIL ADDRESS. THANK YOU • 1/7/2005 • Bruce Barker From: Bruce Barker Sent: Friday, January 07, 2005 10:23 AM To: jcollins@cccfirm.com' Cc: Carol Harding Subject: RE: Public Hearing for East 1-25 Sanitation District Jim: With this reply, I will ask Carol Harding of the Clerk to the Board staff as to possible dates. Also, I have a few changes to your suggested resolution, but have not had time to put those into the draft. I will do so today and send the draft to you. Finally, Carol asked me yesterday about notice for the Board's hearing. The big thing will be compliance with the statutory notice requirement, but we will probably also desire to have posted and published notice as we did for the PC hearing. From: Jim Collins [mailto:jcollins@cccfirm.com] Sent: Thursday, January 06, 2005 12:06 PM To: Bruce Barker Subject: Public Hearing for East I-25 Sanitation District Dear Bruce: I sincerely hope your holidays were enjoyable, and that all of 2005 is excellent for you. Is there anything new on the setting of a public hearing for consideration of the East 1-25 Sanitation District Service Plan? If there is still an opportunity to be flexible, it might be good for you to give me a call or an email • with the alternative dates --since I have some regular Board meetings I have to attend late in each month, which take up a number of entire days. Again, Happy New Year, I look forward to hearing from you. Sincerely, Jim Collins James P. Collins Collins Cockrel& Cole • 390 Union Blvd., Suite 400 Denver, Colorado 80228 303.986.1551 303.986.1755 (fax) • THE INFORMATION CONTAINED IN THIS EMAIL MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE EMAIL ADDRESS. THANK YOU 3/2/2005 Page 2 of 2 • • • 3/2/2005 Page 1 of 2 • Bruce Barker • From: Jim Collins Ucollins@cccfirm.com] Sent: Friday, January 07, 2005 2:21 PM To: Bruce Barker Subject: Public Hearing for East 1-25 Sanitation District Dear Bruce: 1. Great, I will look forward to hearing from Carol Harding or you on possible dates. 2. I welcome any changes to the Resolution. I only meant it as an initial draft for your consideration. 3. Attached is a copy of the draft Notice for the Board's Hearing. Again, this Notice needs to be published one time, at least 20 days prior to the Hearing date. 4. For your general information, and possible future record, attached is the statutorily required Notice to be mailed to each property owner. Again, we will take care of either or both of these Notices, and certify the action to you at the Hearing, if you wish. This Notice of Hearing to each property owner must be mailed to them 20 days prior to the Hearing, but not more than 30 days prior to the Hearing. 5. I understand you like to have the property posted for the Hearing, but please know that is not • any kind of statutory, or otherwise legal requirement. Let me or Micki Wadhams, our incredibly competent paralegal, know of any questions. • Sincerely, Jim Collins <Attachments> James P. Collins Collins Cockrel& Cole 390 Union Blvd., Suite 400 Denver, Colorado 80228 303.986.1551 303.986.1755 (fax) •THE INFORMATION CONTAINED IN THIS EMAIL MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY 3/2/2005 Page 2 oI DISSEMINATION,DISTRIBUTION OR•COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED.IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY IbLEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE EMAIL ADDRESS. THANK YOU • • • 3/2/2005 NOTICE OF HEARING BEFORE THE WELD COUNTY COMMISSIONERS 411 PUBLIC NOTICE IS HEREBY GIVEN that there were filed with the County Clerk and Recorder of Weld County a Service Plan and related documents for the proposed East I-25 Sanitation District ("District"). The Service Plan and related documents are now on file in the office of the Clerk and Recorder, and are available for public inspection. NOTICE IS FURTHER GIVEN that by Order of the Board of County Commissioners a public hearing on the Service Plan and related documents will be held in the Board of County Commissioners Hearing Room, 915 10th Street, Greeley, Colorado, at o'clock .m. on , , 2005. The purpose of the public hearing is to consider the adequacy of the Service Plan and to form a basis for adopting a Resolution approving, conditionally approving, or disapproving the Service Plan. The proposed District is located within Weld County and is described on Exhibit A. In accordance with the procedures set forth in Section 32-1-203(3.5), C.R.S., the owner of any real property within the proposed District may submit to the Board of County • Commissioners no later than ten days prior to the date of hearing, a request that such property be excluded from the proposed District. THIS NOTICE GIVEN BY ORDER of the Board of County Commissioners of Weld County, Colorado. WELD COUNTY CLERK AND RECORDER By /s/ Steve Moreno Published in: Published on: , 2005 • EXHIBIT A • (Legal Description of District Boundaries) • • NOTICE OF HEARING BEFORE THE WELD COUNTY COMMISSIONERS FOR CONSIDERATION OF . THE SERVICE PLAN FOR THE EAST I-25 SANITATION DISTRICT Dear Property Owner: This letter is to notify you that a public hearing before the Weld County Commissioners to consider the Service Plan for the organization of the East I-25 Sanitation District has been scheduled as follows: Hearing Date: , , 2005 Time: .m. Location: Commissioners Hearing Room 915 10th Street Greeley, Colorado • A copy of the Service Plan for the East I-25 Sanitation District is currently on file at the Weld County Clerk's office. The Service Plan provides for an initial mill levy of not more than mills. Under Colorado law, the mill levy cannot be initiated or increased without voter approval. Those persons owning property within the proposed District who wish to be excluded from the District may file a request for exclusion with the Board of County Commissioners, at the above-referenced address, no later than ten days prior to the hearing, pursuant to Section 32-1-203(3.5), C.R.S. Sincerely, PROPONENTS FOR THE ORGANIZATION OF THE EAST I-25 SANITATION DISTRICT rage 1 Ul L Bruce Barker From: Bruce Barker Sent: Friday, January 21, 2005 11:37 AM To: jcollins@cccfirm.com'; Carol Harding Subject: RE: Public Hearing for East 1-25 Sanitation District • Jim: See the attached. Our resolution form is very similar to your form, with some minor changes. Let me know if you see the need for any changes. We may want to work on the condition that was approved by the Planning Commission to make sure it adequately addresses the issue. We sort of did it on the fly, and I'm sure it could be refined somewhat. I'll see if I can get it from Carol and forward it to you. From: Jim Collins [mailto:jcollins@cccfirm.com] Sent: Thursday, January 13, 2005 4:24 PM To: Carol Harding Cc: Bruce Barker Subject: RE: Public Hearing for East I-25 Sanitation District Dear Carol: My clients have selected February 14 as the best date for our Public Hearing. Per our discussion, following your email of yesterday, this office will take care of all Notices and certify to you the completion of: • • Publication in the Fort Lupton Press of the Notice of Hearing (copy of which is attached for your record). We will obtain a Proof of Publication. • Mail Notice to: • All Property Owners (copy enclosed) • Taxing Entities within 3 miles • Division of Local Government We will continue to work with Bruce Barker on a proposed Resolution of Approval for consideration by the Commissioners. Please let me or Micki Wadhams know of any questions or comments. Thank you again for your cooperation. Sincerely, Jim Collins <Attachments> Original Message • From: Carol Harding [mailto:charding@co.weld.co.us] Sent: Wednesday, January 12, 2005 2:24 PM To: jcollins@cccfirm.com 3/2/2005 Page 2ort Subject: Public Hearing for East I-25 Sanitation District Bruce Barker forwarded your last inquiry to me regarding setting a hearing for the East 1-25 Sanitation • Dsitrict. I am not aware of the statutory notice requirement; however, we can schedule the hearing on just about any Monday or Wednesday morning, at 9:00 a.m. although Mondays would work better for us. When we have had other similar hearings, the attorney for the district has published notice, as well as sent notice to the appropriate property/mineral owners and provided us with a copy of the affidavit and certificate of mailing for the owners. I am assuming you will do the same. If there are any notifications I need to make, please let me know. Our official County newspaper, where all legal notices must be published is the Fort Lupton Press. They publish every Wednesday and Saturday. If you wish to also publish elsewhere, you may do so. Please let me know what Monday date will work for you, and will also meet the time constraints for publication of notice. If you have questions, please let me know by return e-mail, or you may reach me at (970) 356-4000, Ext. 4217. Carol Harding • • 3/2/2005 • RESOLUTION RE: APPROVE SERVICE PLAN - EAST I-25 SANITATION 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., as amended, a Service Plan concerning the proposed East 1-25 Sanitation District was filed with the Weld County Board of County Commissioners, and WHEREAS, the Clerk to the Board scheduled a public hearing on the Service Plan to be held at 9:00 a.m. on February 14, 2005, 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 19, 2005; 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 Sections 32-1-202(1), C. R. S., as amended, and to the Weld County Planning Commission as required by Section 32-1- 204, C. R. S., as amended, and WHEREAS, the Weld County Planning Commission studied and considered the Service Plan at its meeting on December 21, 2004, at which time said Commission adopted a Resolution recommending approval of the 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., as amended, and WHEREAS, the Board did, on February 14, 2005, 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., as amended, 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 favorable recommendation of the Weld County Planning Commission, and WHEREAS, the Board, after consideration, finds that the Service Plan and the evidence and testimony presented to the Board 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. 2005- SD • • • 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., as amended, 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 recommended conditional approval of the Service Plan. Section 3. Based upon the information contained with 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. At this time, it is not anticipated that the Proposed District will incur indebtedness. 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. 2005- SD . • 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 condition outlined on Exhibit A attached hereto and incorporated herein by reference. 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of February, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: William H. Jerke, Chair Weld County Clerk to the Board M. J. Geile, Pro-Tern BY: Deputy Clerk to the Board David E. Long APPROVED AS TO FORM: Robed D. Masden County Attorney Glenn Vaad • Date of signature: 2005- SD usli 1 vi • Bruce Barker • From: Bruce Barker Sent: Monday, January 24, 2005 10:13 AM To: 'jcollins@cccfirm.com' Subject: RE: Resolution for Public Hearing on East 1-25 Sanitation District .1 will take a crack at it and send to you. Carol Harding with the Clerk to the Board's Office is getting me a copy of what the PC did. From: Jim Collins [mailto:jcollins@cccfirm.com] Sent: Monday, January 24, 2005 10:11 AM To: Bruce Barker Subject: Resolution for Public Hearing on East I-25 Sanitation District Dear Bruce: Your Resolution form looks good to me. I see no need for changes. I do look forward to working on the Condition to be attached as Exhibit A. I do recall that the one suggested by the Planning Commission was awkwardly formulated at the podium; so I do look forward to refining it with you. Thank you. • • Sincerely, Jim Collins James P. Collins Collins Cockrel& Cole 390 Union Blvd., Suite 400 Denver, Colorado 80228 303.986.1551 303.986.1755(fax) THE INFORMATION CONTAINED IN THIS EMAIL MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE EMAIL ADDRESS.THANK YOU • 3/2/2005 Page 1 of 1 Bruce Barker • From: Bruce Barker Sent: Tuesday, January 25, 2005 9:08 AM To: jcollins@cccfirm.com' Subject: RE: Resolution for Public Hearing on East 1-25 Sanitation District Jim: The condition as stated in the PC minutes is: "The East 1-25 Sanitation District shall be dissolved if the 208 boundary change cannot be amde within 12 months after the District is formed." I think the condition probably should be that the Service Plan include this requirement. Could it be amended before the BOCC hearing on 2/14 to include this requirement? That way the Board would not need the condition; rather, the Service Plan would take care of it. What are your thoughts? Bruce. • From: Jim Collins [mailto:jcollins@cccfirm.com] Sent: Monday, January 24, 2005 10:11 AM To: Bruce Barker Subject: Resolution for Public Hearing on East I-25 Sanitation District Dear Bruce: Your Resolution form looks good to me. I see no need for changes. I do look forward to working on the Condition to be attached as Exhibit A. I do recall that the one suggested by the Planning Commission was awkwardly formulated at the podium; so I do look forward to refining it with you. Thank you. Sincerely, Jim Collins James P. Collins Collins Cockrel& Cole 390 Union Blvd., Suite 400 Denver, Colorado 80228 303.986.1551 303.986.1755 (fax) THE INFORMATION CONTAINED IN THIS EMAIL MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE EMAIL ADDRESS. THANK YOU • • 3/2/2005 Page 1 of 2 Bruce Barker • • From: Bruce Barker Sent: Tuesday, February 08, 2005 4:50 PM To: 'jcollins@cccfirm.com' Subject: RE: Resolution for Public Hearing on East 1-25 Sanitation District • Jim: I agree that as a condition of approval, it is best to state the condition in the Board's approving resolution rather than in the service plan itself. Because the Board really cannot order that the district be dissolved if the 208 boundary line change does not occur, I think it best to have the Board's condition be that the service plan is approved so long as the District Court order states that the District shall be dissolved if the 208 boundary change cannot be amended within 12 months after the District is formed. Also, we probably had better specify that the 208 boundary has to change to fit the boundary of the new District. Any thoughts? Thanks. Bruce Barker. From: Jim Collins [mailto:jcollins@cccfirm.com] Sent: Monday, February 07, 2005 11:46 AM To: Bruce Barker Subject: Resolution for Public Hearing on East I-25 Sanitation District Dear Bruce: I am embarrassed that I apparently have not responded to your January 25 condition, to the effect that "the East I- 25 Sanitation District shall be dissolved if the 208 boundary change cannot be amended within 12 months after the District is formed." I believe this language is perfectly adequate, although the addition of". . . ; unless otherwise authorized by the Board of County Commissioners."would certainly be helpful. More significant is whether we simply add this condition to the Resolution of Approval, or modify the Service Plan. I would rather not modify the Service Plan just for this addition; and, in fact, it seems to me that this condition is better simply attached to the Resolution of Approval. I would be very happy to acknowledge the condition in my filing with the District Court, and in the ultimate District Court Order forming the District by including the language, something like ". . . subject to the Board of County Commissioners'condition regarding effecting a 208 boundary change." Finally, Bruce, Merle Maass indicated that one of the County Commissioners indicated to him that a study was being done by the County either on wastewater treatment, or perhaps land use, which included this area covered by the East 1-25 Sanitation District. Please let me know if this study is going to affect our completing our hearing next Monday. Very best wishes. I look forward to hearing from you. Sincerely, Jim Collins Original Message • From: Bruce Barker [mailto:bbarker@co.weld.co.us] • Sent: Tuesday, January 25, 2005 9:08 AM To: jcollins@cccfirm.com Subject: RE: Resolution for Public Hearing on East I-25 Sanitation District 3/2/2005 Page 2 of 2 Jim: The condition as stated in the PC minutes is: "The East 1-25 Sanitation District shall be dissolved if • the 208 boundary change cannot be amde within 12 months after the District is formed." I think the condition probably should be that the Service Plan include this requirement. Could it be amended before the BOCC hearing on 2/14 to include this requirement? That way the Board would not need the condition; rather, the Service Plan would take care of it. What are your thoughts? Bruce. James P. Collins Collins Cockrel& Cole 390 Union Blvd., Suite 400 Denver, Colorado 80228 303.986.1551 303.986.1755 (fax) THE INFORMATION CONTAINED IN THIS EMAIL MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED.IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE EMAIL ADDRESS.THANK YOU • 3/2/2005 Page 1 of 2 Bruce Barker • From: Bruce Barker Sent: Wednesday, February 09, 2005 2:55 PM To: jcollins@cccfirm.com' Subject: RE: Resolution of Approval -- East 1-25 Sanitation District Sorry about not answering your questions regarding the study. What that refers to is a study of the urbanizing area around Del Camino and Mead, including the area of the East 1-25 Sanitation District. The study will look at trends and provide a specialized comprehensive land use plan for the area. It will note the sanitation in the area, but will not be designed to provide the Board of County Commissioners direction on whether or not to approve the service plan. I do not believe it will delay or otherwise affect the process we are working on for the District. Your suggestions regarding the Resolution are great. Let me work on some language and I will send it to you tomorrow. From: Jim Collins [mailto:jcollins@cccfirm.com] Sent: Wednesday, February 09, 2005 2:35 PM To: Bruce Barker Subject: Resolution of Approval -- East I-25 Sanitation District Dear Bruce: I believe we are agreed on the Condition being attached to the Resolution of Approval. While I hereby pledge to • keep you copied in on my pleadings to the court, and obtain your review of the proposed Court Order, perhaps the Commissioners would be more comfortable if, in fact, the Condition included a requirement that the County Attorney review the proposed District Court Order prior to submittal to assure compliance with the Condition. I have no objection to adding that the 208 boundary has to change to fit the boundary of the new District. What about the suggestion of adding "unless otherwise authorized by the Board of County Commissioners." Please recall my question about the study being done by the County, either on wastewater treatment, or perhaps land use, which included this area. The question is whether this study would affect our completing our hearing. I look forward to seeing you Monday. Sincerely, Jim Collins • Original Message From: Bruce Barker [mailto:bbarker@co.weld.co.us] Sent: Tuesday, February 08, 2005 4:50 PM To: jcollins@cccfirm.com Subject: RE: Resolution for Public Hearing on East I-25 Sanitation District Jim: I agree that as a condition of approval, it is best to state the condition in the Board's approving resolution rather than in the service plan itself. Because the Board really cannot order that the district be dissolved if the 208 boundary line change does not occur, I think it best to have the Board's condition be • that the service plan is approved so long as the District Court order states that the District shall be dissolved if the 208 boundary change cannot be amended within 12 months after the District is formed. Also, we probably had better specify that the 208 boundary has to change to fit the boundary of the new District. Any thoughts? Thanks. Bruce Barker. 3/2/2005 Page 2 of 2 • THE INFORMATION CONTAINED IN THIS EMAIL MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE EMAIL ADDRESS. THANK YOU • • 3/2/2005 rage 1 oI 2 , Bruce Barker • From: Bruce Barker Sent: Friday, February 11, 2005 11:57 AM To: jcollins@cccfirm.com' Subject: RE: Resolution of Approval -- East 1-25 Sanitation District See Section 4 in the attached. Let me know if this language is OK. Thanks! From: Jim Collins [mailto:jcollins@cccfirm.com] . Sent: Wednesday, February 09, 2005 2:35 PM To: Bruce Barker Subject: Resolution of Approval -- East I-25 Sanitation District Dear Bruce: I believe we are agreed on the Condition being attached to the Resolution of Approval. While I hereby pledge to keep you copied in on my pleadings to the court, and obtain your review of the proposed Court Order, perhaps the Commissioners would be more comfortable if, in fact, the Condition included a requirement that the County Attorney review the proposed District Court Order prior to submittal to assure compliance with the Condition. I have no objection to adding that the 208 boundary has to change to fit the boundary of the new District. What about the suggestion of adding "unless otherwise authorized by the Board of County Commissioners." Please recall my question about the study being done by the County, either on wastewater treatment, or perhaps 4, land use,which included this area. The question is whether this study would affect our completing our hearing. I look forward to seeing you Monday. Sincerely, Jim Collins Original Message From: Bruce Barker [mailto:bbarker@co.weld.co.us] Sent: Tuesday, February 08, 2005 4:50 PM To: jcollins@cccfirm.com Subject: RE: Resolution for Public Hearing on East I-25 Sanitation District Jim: I agree that as a condition of approval, it is best to state the condition in the Board's approving resolution rather than in the service plan itself. Because the Board really cannot order that the district be dissolved if the 208 boundary line change does not occur, I think it best to have the Board's condition be that the service plan is approved so long as the District Court order states that the District shall be dissolved if the 208 boundary change cannot be amended within 12 months after the District is formed. Also, we probably had better specify that the 208 boundary has to change to fit the boundary of the new District. Any thoughts? Thanks. Bruce Barker. • THE INFORMATION CONTAINED IN THIS EMAIL MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE 3/2/2005 Page 2 of 2 • EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN • ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE EMAIL ADDRESS. THANK YOU • 3/2/2005 • • RESOLUTION RE: APPROVE SERVICE PLAN - EAST 1-25 SANITATION 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., as amended, a Service Plan concerning the proposed East 1-25 Sanitation District was filed with the Weld County Board of County Commissioners, and WHEREAS, the Clerk to the Board scheduled a public hearing on the Service Plan to be held at 9:00 a.m. on February 14, 2005, 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 19, 2005; 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 al 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 Sections 32-1-202(1), C. R. S., as amended, and to the Weld County Planning Commission as required by Section 32-1- 204, C. R. S., as amended, and WHEREAS, the Weld County Planning Commission studied and considered the Service Plan at its meeting on December 21, 2004, at which time said Commission adopted a Resolution recommending approval of the 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., as amended, and WHEREAS, the Board did, on February 14, 2005, 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., as amended, 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 favorable recommendation of the Weld County Planning Commission, and WHEREAS, the Board, after consideration, finds that the Service Plan and the evidence and testimony presented to the Board 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. 2005- SD 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., as amended, 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 recommended conditional approval of the Service Plan. Section 3. Based upon the information contained with 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. At this time, it is not anticipated that the Proposed District will incur indebtedness. 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. 2005- SD • 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 condition: Any Petition to the Weld District for Organization of the East 1-25 Sanitation District shall request that the Order declaring the district organized shall provide that the district be dissolved if, within 12 months after the date of said Order, the "208 boundary" in the area is not amended by the North Front Range Water Quality Planning Association to follow the boundaries of the District and to allow for its operation therein. The applicant shall provide the Weld County Attorney with the opportunity to review and comment upon said Petition and any proposed Order prior to them being filed with the Court. 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. • 2005- SD • The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of February, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: William H. Jerke, Chair Weld County Clerk to the Board M. J. Geile, Pro-Tem BY: Deputy Clerk to the Board David E. Long APPROVED AS TO FORM: Robert D. Masden County Attorney • Glenn Vaad Date of signature: • 2005- SD • Page 1 of 2 • • Bruce Barker • From: Bruce Barker Sent: Monday, February 14, 2005 8:00 AM To: jcollins@cccfirm.com' Subject: RE: Resolution of Approval Looks great. Thanks. We will see you today. From: Jim Collins [mailto:jcollins@cccfirm.com] Sent: Friday, February 11, 2005 1:56 PM To: Bruce Barker Subject: FW: Resolution of Approval Original Message From: Jim Collins [mailto:jcollins@cccfirm.com] Sent: Friday, February 11, 2005 1:53 PM To: 'County Attorney Bruce T. Barker(bbarker@co.weld.co.us)' Subject: Resolution of Approval Dear Bruce: Your section 4 looks okay- -- but I still would greatly prefer to have the words "unless extended by action of the Weld County Commissioners . . . ."in the fourth line as I have previously suggested. I have taken the liberty of adding that to the fourth line of section 4, as attached hereto. I think you and I are well aware that the Board of County Commissioners could authorize such an extension without this provision, but there is at least an argument available to any opponents that if the District was not originally formed with the condition that the time period could be extended based upon some unusual circumstance, then the District cannot now be reformed without a total re-submittal and new hearing on the Service Plan. I cannot imagine it will take more than one year, but I've been wrong before. Thank you again. See you Monday. Sincerely, Jim Collins James P. Collins Collins Cockrel& Cole 390 Union Blvd., Suite 400 Denver, Colorado 80228 303.986.1551 303.986.1755(fax) • RIVI LEGE')COMMUNICATION. This email may contain attomev-client or otherwise privileged and confidential information intended only for the use 3/2/2005 Page 2of2 f the individual or entity named above. Dissemination,distribution or copying of this communication is strictly prohibited. If you are an attorney or law mi,consult Title I of the federal Electronic Communications Privacy Act of 1986. If you believe that this email has been sent to you in error,please reply to le sender that you received the message in error and delete this email. ,TTACHMENTS. Although this email and any attachments are believed to he free of any virus,the files should be virus scanned before opening them. • • • • 3/2/2005 • RESOLUTION RE: APPROVE SERVICE PLAN - EAST I-25 SANITATION 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., as amended, a Service Plan concerning the proposed East 1-25 Sanitation District was filed with the Weld County Board of County Commissioners, and WHEREAS, the Clerk to the Board scheduled a public hearing on the Service Plan to be held at 9:00 a.m. on February 14, 2005, 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 19, 2005; 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 Sections 32-1-202(1), C. R. S., as amended, and to the Weld County Planning Commission as required by Section 32-1- 204, C. R. S., as amended, and WHEREAS, the Weld County Planning Commission studied and considered the Service Plan at its meeting on December 21, 2004, at which time said Commission adopted a Resolution recommending approval of the 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., as amended, and WHEREAS, the Board did, on February 14, 2005, 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., as amended, 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 favorable recommendation of the Weld County Planning Commission, and WHEREAS, the Board, after consideration, finds that the Service Plan and the evidence and testimony presented to the Board 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, 2005- SD • 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., as amended, 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 32-1-2040.5) 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 recommended conditional approval of the Service Plan. Section 3. Based upon the information contained with 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. At this time, it is not anticipated that the Proposed District will incur indebtedness. 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. 2005- SD • 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 condition: Any Petition to the Weld District for Organization of the East 1-25 Sanitation District shall request that the Order declaring the district organized shall provide that unless extended by action of the Weld County Commissioners, the district be dissolved if, within 12 months after the date of said Order, the "208 boundary" in the area is not amended by the North Front Range Water Quality Planning Association to follow the boundaries of the District and to allow for its operation therein. The applicant shall provide the Weld County Attorney with the opportunity to,review and comment upon said Petition and any proposed Order prior to them being filed with the Court. 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. • 2005- SD • The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14'h day of February, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: William H. Jerke, Chair Weld County Clerk to the Board M. J. Geile, Pro-Tem BY: Deputy Clerk to the Board David E. Long APPROVED AS TO FORM: Robert D. Masden County Attorney Glenn Vaad Date of signature: • 2005- SD Page 1otI Bruce Barker • From: Bruce Barker Sent: Tuesday, February 15, 2005 11:24 AM To: 'jcollins@cccfirm.com' Subject: Revised Resolution Please review the attached. Could you double check to see if I included everything? Thanks! • • • • 3/2/2005 • • RESOLUTION RE: APPROVE SERVICE PLAN - EAST I-25 SANITATION 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., as amended, a Service Plan concerning the proposed East I-25 Sanitation District was filed with the Weld County Board of County Commissioners, and WHEREAS, the Clerk to the Board scheduled a public hearing on the Service Plan to be held at 9:00 a.m. on February 14, 2005, 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 19, 2005; 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 Sections 32-1-2020), C. R. S., as amended, and to • the Weld County Planning Commission as required by Section 32-1-204, C. R. S., as amended, and WHEREAS, the Weld County Planning Commission studied and considered the Service Plan at its meeting on December 21, 2004, at which time said Commission adopted a Resolution recommending approval of the 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., as amended, and WHEREAS, the Board did, on February 14, 2005, 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., as amended, 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 favorable recommendation of the Weld County Planning Commission, and WHEREAS,the Board,after consideration,finds that the Service Plan and the evidence and testimony presented to the Board 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that: 2005-0252 SD0094 • APPROVE EAST 1-25 SANITATION DISTRICT • PAGE 2 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., as amended, 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 recommended conditional 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. H. The creation of the proposed District will be in the best interest of the • area proposed to be served. 2005-0252 SD0094 APPROVE EAST 1-25 SANITATION DISTRICT 0 PAGE 3 Section 4. The Service Plan of the proposed District be, and hereby is, approved, subject to the following condition: Any Petition to the Weld District Court for organization of the proposed District shall request that the Order declaring the District organized shall provide that unless extended by action of the Weld County Commissioners, the District be dissolved if, within 12 months after the date of said Order, the "208 boundary"in the area is not amended by the North Front Range Water Quality Planning Association to follow the boundaries of the District and to allow for its operation therein.The applicant shall provide the Weld County Attorney with the opportunity to review and comment upon said Petition and any proposed Order prior to them being filed with the Court. 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of February, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: William H. Jerke, Chair Weld County Clerk to the Board M. J. Geile, Pro-Tem BY: Deputy Clerk to the Board David E. Long APPROVED AS TO FORM: Robert D. Masden • County Attorney Glenn Vaad Date of signature: 2005-0252 SD0094 • Page 1 of 1 • • Bruce Barker • From: Jim Collins[jcollins@cccfirm.com] Sent: Tuesday, February 15, 2005 12:14 PM To: Bruce Barker Subject: Subsection 2.D. Dear Bruce: Looks great! Thank you very much for making the changes. Best wishes. Sincerely, Jim Collins James P. Collins Collins Cockrel& Cole 390 Union Blvd., Suite 400 Denver, Colorado 80228 303.986.1551 303.986.1755 (fax) • RIVILEGED COMMUNICATION. This email may contain attorney-client or otherwise privileged and confidential information intended only for the use f the individual or entity named above. Dissemination,distribution or copying of this communication is strictly prohibited. If you are an attorney or law tm,consult Title I of the federal Electronic Communications Privacy Act of 1986. If you believe that this email has been sent to you in error,please reply to ie sender that you received the message in error and delete this email. .TFACHM ENTS. Although this email and any attachments are believed to be free of any virus,the files should be virus scanned before opening them. • 3/2/2005 ragetoii Bruce Barker From: Bruce Barker Sent: Tuesday, February 15, 2005 1:19 PM • To: Carol Harding; Debra Miller Subject: Revised Resolution See the attached. I corrected Section 3. D.to correctly reflect the statutory language and inserted the word "Court" after"Weld District" in Section 4. These were the changes the Board approved in the motion to approve yesterday. • 2/15/2005 • RESOLUTION • RE: APPROVE SERVICE PLAN - EAST 1-25 SANITATION 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., as amended, a Service Plan concerning the proposed East 1-25 Sanitation District was filed with the Weld County Board of County Commissioners, and WHEREAS, the Clerk to the Board scheduled a public hearing on the Service Plan to be held at 9:00 a.m. on February 14, 2005, 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 19, 2005; 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 Sections 32-1-202(1), C. R. S., as amended, and to . the Weld County Planning Commission as required by Section 32-1-204, C. R. S., as amended, and WHEREAS, the Weld County Planning Commission studied and considered the Service Plan at its meeting on December 21, 2004, at which time said Commission adopted a Resolution recommending approval of the 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., as amended, and WHEREAS, the Board did, on February 14, 2005, 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., as amended, 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 favorable recommendation of the Weld County Planning Commission, and WHEREAS,the Board,after consideration,finds that the Service Plan and the evidence and testimony presented to the Board 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. • NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that: 2005-0252 SD0094 APPROVE EAST I-25.SANITATION DISTRICT • PAGE 2 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., as amended, 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 recommended conditional 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. H. The creation of the proposed District will be in the best interest of the • area proposed to be served. 2005-0252 SD0094 • APPROVE EAST 1-25 SANITATION DISTRICT • PAGE 3 Section 4. The Service Plan of the proposed District be, and hereby is, approved, subject to the following condition: Any Petition to the Weld District Court for organization of the proposed District shall request that the Order declaring the District organized shall provide that unless extended by action of the Weld County Commissioners, the District be dissolved if, within 12 months after the date of said Order, the"208 boundary"in the area is not amended by the North Front Range Water Quality Planning Association to follow the boundaries of the District and to allow for its operation therein.The applicant shall provide the Weld County Attorney with the opportunity to review and comment upon said Petition and any proposed Order prior to them being filed with the Court. 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of February, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ' William•H. Jerke, Chair Weld County Clerk to the Board M. J. Geile, Pro-Tem BY: Deputy Clerk to the Board David E. Long APPROVED AS TO FORM: Robert D. Masden County Attorney • Glenn Vaad Date of signature: 2005-0252 S00094 ?age 1 of 2 Bruce Barker • From: Bruce Barker Sent: Wednesday, February 16, 2005 8:46 AM To: 'jcollins@cccfirm.com' Cc: Monica Mika Subject: RE: Complaint Jim: Thanks for your email. On behalf of Weld County, I apologize for the obstacles and difficulties you encountered. I appreciate your comments. I would like to speak with you about how things went through the course of this process. My goal is to make sure we provide a fair consideration process. To that end, your comments are most helpful. Please call me at your convenience at (970) 356-4000, ext. 4390. I will be in the office each afternoon this week after 3:00 p.m. Bruce. From: Jim Collins [mailto:jcollins@cccfirm.com] Sent: Tuesday, February 15, 2005 5:18 PM To: Bruce Barker Subject: Complaint • Dear Bruce: I wish to lodge a complaint that, in my opinion, Ken Ogle did everything possible to obstruct a fair consideration of the East 1-25 Sanitation District proposal by denying us a reasonable opportunity to review material that was sent to the Planning Commission and to the County Commissioners. • The Planning Commission material came in the afternoon before the Planning Commission Meeting. I am told that is normal procedure. While that seems outrageous, I at least received the material. I asked for copies of the material going to the County Commissioners mid-week last week, thinking perhaps again the same policy applies, that I don't get it until the last minute. Kim agreed to have "Voneen Macklin"send us the material, which consisted simply of the Minutes of the Planning Commission meeting, the Resolution of the Planning Commission, and the old comments of Kim Ogle, dated December 21. As you can see by the attached, they came in to my office 29 minutes after the Hearing was to start yesterday. Also, I was totally unaware that Thursday evening the Town of Mead had submitted a 5 lb. stack of material. While I may not have been able to get a copy of it, it would have been nice to have known about it. As you know, the Commissioners referred to the Minutes of the Planning Commission meeting in asking a number of their questions. It would have been at least helpful to me to have seen those Minutes ahead of time. As it turned out, my 3 minute review of the 5 Ib. Mead package was more than sufficient to glean the substance (or lack thereof) of their submittal. • I just wanted you to know of my feelings, as I believe you have always dealt with this issue impartially and fairly. I do not believe that has been the case of the Planning Department. Sincerely, • Jim Collins <Attachment> • James P. Collins 3/2/2005 Page 2 of 2 f Collins Cockrel& Cole • 390 Union Blvd., Suite 400 Denver, Colorado 80228 303.986.1551 303.986.1755 (fax) RIVILEGED COMMUNICATION. This email may contain attorney-client or otherwise privileged and confidential information intended only for the use f the individual or entity named above. Dissemination,distribution or copying of this communication is strictly prohibited. If you are an attorney or law rm,consult Title I of the federal Electronic Communications Privacy Act of 1986. If you believe that this email has been sent to you in error,please reply to re sender that you received the message in error and delete this email. ITACHMENTS. Although this email and any attachments are believed to be free of any virus,the files should be virus scanned before opening them. t. • 3/2/2005 Page 1 of 2 Bruce Barker • From: Bruce Barker Sent: Wednesday, February 16, 2005 10:05 AM To: 'jcollins@cccfirm.com' Subject: FW: E 125 San Dst Jim: FYI. John Folsom is a member of our Planning Commission and voted in favor of recommending approval of the service plan. The Board typically receives criticism from him 2 or 3 times a month on various topics. Bruce. • From: Myrna Folsom [mailto:myrna_f_2000@yahoo.com] Sent: Tuesday, February 15, 2005 9:20 AM To: Carol Harding Cc: Monica Mika; Lee Morrison; Bruce Barker Subject: E I25 San Dst February 15, 2005 To: The Weld Board of County Commissioners Dear Board members • The Board's approval of the service plan for the East I-25 Sanitation District is the first step in the all too familiar scenario leading to the Board's support of urban scale development in parts of the County now restricted by the County Code to only non-urban land uses. Based on the Board's past performance, on application, the MUD district will be amended to include those lands in the sanitation district not presently in the MUD district. In fact, at build out, the extent of the future MUD district lands in the sanitation district will approach that already in the MUD district! Interestingly, the Board has finally come to realize the chaos and burden to surrounding municipalities and special districts in supplying services to these urban developments in the County, now and in the future. Their proposal of having metropolitan and special use districts supply these services is just a device to give the impression that county government is recognizing its responsibility to not burden local municipalities with supplying these services to county residents. However, the burden is in reality only being shifted to the districts, not the County. This results in a lack of coordination of funding and facility construction to meet the increased demand for services [ie: schools, etc.] resulting from the future approval by the Board of urban projects in the County. The goal should be to have municipalities control urban growth and eventually provide the services now provided by special districts. The numerous services provided by the City of Longmont are a good example of this. The Municipal Annexation Act [31-12-102][1] states: "The general assembly hereby declares that the policies and procedures in this part I are necessary and desirable for the orderly growth of urban communities in the State of Colorado, and to these ends this part I shall be liberally construed." [underlining mine]. It goes on to itemize the benefits of growth controlled by municipalities. In contrast, counties are nothing more than agencies of the state, not independent governmental entities existing by reason of any sovereign authority of its residents, and do not possess a complete local government [annotations to 30-11-101]. The County does not have restrictions placed on it, as do • municipalities, to assure orderly and responsible growth. One example of this can be seen from the chaotic County approval of widely separated urban developments in the Mud district, that display no sense of community. 3/2/2005 Page 2 of 2 There is little hope the Board will not continue its errant philosophy, but at least they have been made aware of it. • John Folsom Do you Yahoo!? Yahoo! Search presents - Jib Jab's 'Second Term' S • 3/2/2005 rage i or• Bruce Barker • • From: Bruce Barker Sent: Tuesday, March 01, 2005 3:02 PM To: 'jcollins@cccfirm.com' Subject: RE: Certified Resolution of Approval Will do. From: Jim Collins [mailto:jcollins@cccfirm.com] Sent: Tuesday, March 01, 2005 3:00 PM To: Bruce Barker Subject: Certified Resolution of Approval Dear Bruce: I am still looking for the certified or original Resolution of Approval. Anything you can do to move that my way would be appreciated. Best wishes. Sincerely, Jim Collins James P. Collins Collins Cockrel& Cole 390 Union Blvd., Suite 400 Denver, Colorado 80228 303.986.1551 303.986.1755 (fax) RIVILEGED COMMUNICATION. This email may contain attorney-client or otherwise privileged and confidential information intended only for the use f the individual or entity named above. Dissemination,distribution or copying of this communication is strictly prohibited. If you are an attorney or law rm,consult Title I of the federal Electronic Communications Privacy Act of 1986. If you believe that this email has been sent to you in error,please reply to to sender that you received the message in error and delete this email. .TTACI-IMENfS. Although this email and any attachments are believed to be free of any virus,the files should be virus scanned before opening them. • 3/2/2005 • 07/25/2005 12:46 19702230285 KRAEMER S GOLDEN PAGE 19/24 • DEPARTMENT OF PLANNING SERVICES Planning Division NORTH OFFICE • 918107"Street GREELEY,CO 80631 kogle@co.weld.ruus b PHONE:(970)353.6100,Et 3540 COLORCOLORADO//''�� FAX:(970)3D4.5498 ADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT,CO 80504 PHONE:(720)652-4210,En.8730 FAX:(720)652-4211 June 22.2005 Bruce Barker, Esq. Weld County Attorney's Office Centennial Building 915 Tenth Sheet. Greeley,CO 80631 Subject Norm Front Range Water Quality Planning Association • Resource Colorado Sanitation Metropolitan District Dear Mr.Barker: The Department•of Planning i ervli.es has reviewed the Araawide Water Quality Management Plan Amendmentfor Resource Colorado Water&Sanitation Metropolitan District,hereafter identified as Resource Colorado and offers the following comments. Resource Colorado was approved by the Board of County Commissioners for a Service Plan in compliance • with Section 32-1-203(2)and Section 32-1-203(2.4 C.R.S. The Resolution, dated August 25,2004 was signed by four Commissioners with Commissioner Vaad excused. The amendment application is for the purpose of(1)being designated,as a.responsible Management and Operating Agency. and (2) having a new sewer service area designated in southern Weld County. The Proposed wastewater treatrnertt facility is anticipated to be located In the NW4 NW4 of Section 32, T3N, RS4W of the a P.M.,Weld County. Discussion within document states that there are no existing domestic water sources and no existing sanitation districts or other service entices within five stiles of this proposed facility. The proposed district is located several miles northwest of Keenesburg and a greater dlblainx to the northeast of Hudson in unincorporated Weld County. Thai-heigg_stateq, the Departtrrent.of.Ptanning-Sendces.gtl ::that-the:preposedwmendrnent to erdstiag.service.planisyremature:glweo_ttratail.lands.ere:ioca(ed:(rtanrlort•urbariiaeii g Section 22.1-50.D.3.d, Content of the[Comprehensive].Plan,states, "...Residential development is classified in two(2)categories,urban scale development and non-urban scale development. • • Urban scale development,as defined in Chapter 23 Zoning,and Chapter 27 PUD,should be located Inside urban growth boundary areas. or in areas where appropriate services and 67/26/2005 12:46 19702236285 KPAEMEP. R GOLDEN PAGE 20/24 • feallties are currently available or reasonably obtainable Non-urban scale development,as defined in Chapter 23 Zoning,and Chapter 27 PUD,may be accommodated in other areas of the County; Out the density and intensity of any non- urban scale residential development will be thoroughly scrutfriized to address the Issues of compatibility,availability and adequacy of infrastructure and services,impacts on the natural environment,fiscal impacts on the County,and other issues specific to each proposal? Section 27-2-140. Non-Urban Scale Development, states "Non-urban scale developments are developments comprised of nine(9)or fewer residential lots,located in a non-urban area as defined in Chapter 22 of this Code,not adjacent to other P UDs,subdivisions.municipal boundaries or urban growth corridors: Further. Section 27-2-190. Urban Scale Development, states "Urban scale developments are developments exceeding nine(9)lots and/or located in close proodmityto existing PUDs,subdivisions, municipal boundaries or urban growth corridors and boundaries? Lands associated with this proposed Sanitation District are outside of both an Urban Growth Boundary Area and an Intergovernmental Agreement Area,thus staff will support nine lots or less. Although urban scale services may be available, should an applicant propose greater than nine develop able lots,staff will recommend denial of all subdivision land use applications. For urban scale development to be supported by the Department of Planning Services, an amendment to the Comprehensive Plan(Section 22-1-150.9.7)1251MUD boundary or a new urban 'corridor plan located outside of the 1-25/MUD boundary will be required and approved by the Board of County Commissioners. • Further,the pnnposa/is not in substantial compliance with a master plan adopted pursuant to Section 30-x8- 105, tit S_ Section 22-2-90.B states"An important factor of urban development Is the efficient use of land as a resource. since the density of urban development accommodates more density on each axe, the amount of land relative to the number of people who live on or use the land Is an efficient ratio. Locations where urban development can ocarr should be encouraged to develop as urban. Jurisdictions that can accommodate urban development should em p toy policies and regulations that facilitate urban development while managing the quality of this development The County should adopt policies and regulations that promote urban development in the areas where It is appropriate resulting in the most efficient use of land and Infrastructure.' (Weld County Code Ordinance 2002-6) Section 22-2-100.Astates"Urban growth boundariesand uses wahin these areas shall bedetermined through coordination between the County,the participating municipality aniline individual landowner. Efficient development in the area surrounding municipalities requires this type ofcoonacation which is achieved by three(3)methods; the three-mite referral,intergovernmental urban growth boundary ageec„ants and the standard one-half-mile urban growth boundary. When growth at the m unicipal ay/County level is not coordinated.problems can occur with incom patine adjacent land uses as the mostobvious" Further,Section 22-2-100.8 states'Efficient and orderly land development and the conservation of agricultural land suggest that urban-type development take place in or adjacent to existing municipalities or where adequate infrastructure is currently available or reasonably obtainable. Urban development adjacent to municipalities is appropriate if urban services can be extended to serve the area: Further,Section 22-2-100_E states"In the absence of an urban growth boundary agreement,the County recognizes a standard urban growth boundary. This is a one-half- mie perimeter from the existing public sanitary sewer facilities, The definition of facades la limited to public sewer lines in place on September 11,1995,the time of adoption of Ordinance 147-G,as codified herein.as amended byOrdinance 147-P,adopted on Marc, 15, 1999,also codified herein. The perimeter will be modified If it is apparent that physical boundaries prevent the extension of sewer • service. Inside the municipal service area boundary,urban-type uses and services are planned and annexation is encouraged? Section 22-2-110.8 UGB.Goal 2. states"Concentrate urban development in or adjacent to existing 07/25/2005 12:46 19702230285 KRAEMER & GOLDEN PAGE 21/24 municipalities,an approved intergovernmental agreement,the 1-25 Mixed Use Development area, urban growth boundary areas,urban development nodes,or where urban infrastructure is currently available or reasonably obtainable. As previously stated,the applicant's proposed amended Service Plan is outside of all urban development areas as recognized by Weld County and the Weld County Comprehensive Plan. Further.given that an amendment to the Comprehensive Plan is required for expansion to the existing Mixed Use Development area,or a new urban corridor to this designated district, thus allowing urban scale development to occur, its the opinion of the Department of Planning Services that the proposed amended service plan is premature given that urban scale development is not a use allowed by right within the proposed district lands. Further,this plan appears to not be in the best interests of the citizens of Weld County. Section 22-2- 30.A,of the Weld County Code,Comprehensive Plan,states:'The County consistently ranks among the top five(5)counties in the nation in terms of receipts for agricultural products by the Census of Agriculture since 1964. The County is one(1) of the most productive agricultural counties in the State,and accounts forflve and 87/100 percent(5.87%)of the State's thirty-two million(32,000,000) acres of land in farms. The soil,topography and irrigation system support this extensive agricultural industry. The County's significant amount of Irrigated and nonlnigated farmland produces a wide variety of crops. The State and County witnessed a decline in the number of acres devoted to the farming industry since the 1992 Census of Agriculture. The County experienced a decrease of eight pemoent (8%), double the State's decrease in loss of acres devoted to the farming industry. The number of full-time farms also decreased nine percent (9%) from one thousand eight hundred seventy (1,870) farms in 1992 to one thousand six hundred ninety-eight (1,698) in 1997_ This decrease was double the decrease witnessed at the state level, The market value of agricultural products sold in the County increased nine percent(9%)to more than$1 billion($1,286,636,000)in the 1992 to 1997 tirneframe. The overall impact of agri-business in the County,including income and grass sales, is$3.9 billion annually? • Further, the proposer is not in substantie/compliance with any duty adopted county, regional, or state long range water quality management plan for the area. Section 22-3-10A states The effective and efficient delivery of adequate public services is one(1) of the primary purposes and benefits of effective land use planning. Public services are government services such as police and fee protection,health services and welfare,and educational services and programs. Public facilities are physical structures and infrastructure.such as schools.libraries,reads, maintenance facilities, water distribution systems and sewage treatment facilities. Municipal governments,county governments,special districts and private companies are capable of providing such services and facilities." Further, Section 22-3-10.E states "Municipalities have the ability to coordinate the provision of, adequate urberrfacllities and services under powers granted by state statutes and the Constitution. The adopted urban growth boundary areas are the most logical areas for urban development tooccur. Municipalities are designed to accommodate concentration of development and are in a position to plan the expansion of existing facilities and services,as well as to coordinate the devetnpment of new facilities and services3." Further, Section 22-3-10.F states "Aitarnative facilities and service systems(for example, special districts) may be used for urban type development within the 1-25 Mixed Use Development area, urban development nodes or urban growth boundary areas,with certain restrictions.The alternative facility and service systems must comply with the standards set forth in Chapter 22,Chapters 23 and 24 of this Code. Systems that are proposed to be located within a municipality's urban growth boundary area may be required to develop in such a manner that they are compatible with the standards of the municipality most likely to phase services into the area. They also may be required to meet state regulations and standards." Finally, Section 22-350.8.1 P.Policy 21 states ^Development that rag-wires urban services and facilities should be encouraged to locate within a municipality, urban growth boundary area, 1-25 • Mixed Use Development area or urban development nodes,or where edequate services are currently available or reasonably obtainable? 07/26/22005 12:46 19702230285 KRAEMER & GOLDEN PAGE 22/24 As previously stated,the applicanfs proposed amended Service Plan is located in an non-urbanized area with no infrastructure In-situ and is in non-compliance of the intent of the Comprehensive Plan and associated planning ordinances and theories.It is important to note that the proposed plan is inconsistent with current and pastland use tends and decisions. Finally,given that an amendment to Comprehensive Plan is required fOr expansion to the existing.Mixed Use Development area,or any other proposed urban corridor plan,thus allowing urban scale development to occur.it is the opinion of the Department of Planning Services that the proposed-amended service plan is premature given that urban scaledevelopment is not a use allowed by right within the proposed district lands. To date, no policy request to modify the deflnitton of urban area or urban corridor has occurred. Given this opinion,it is the position of the.Department of Planning Services that the proposed amendment tb the Service Plan and special district will not be in the best interests of the area proposed to be served and is not in the interests of the County of Weld, nor is It supported by existing land use policies and regulations. Therefore. uatilataeliareensideratiertaasebeee'sehelegrefeeiointidiandiresolvadr4hergeperesaisebof larantagaMtenitigargairtnaanW5413P4Cse030Planileasthaebigiltivitheinefbanieteriskyla Samiappineatatusecita-multOMOVP. • The Department of Planning Services suggests the applicant work with the professional staff to conceptualke a new approach to an urban corridor_ • Should you have any questions or need further iirfuriiiation, I may be reached at the above address, • telephone number or e-mail address. Sincerely, Kim Planning Manager L Morrison,Openly Attorney's Office M.Mom,Planning Director File:49122 Plen Property Research 7-.2$5 • r ;> , 07/26/2005 12:46 19702230285 KRAEMER & GOLDEN PAGE 23/24 399ON COLOR. _ ° TOWN OF HUDSON 557 ASH STREET. P.O,BOX 351,HUDSON,CO 80642-0351 TS Phone:303-535-9311 FAX: 303-536-4753 FOUNDED 1987 July 20, 2005 Connie O'Neil! Manager North Front Range Water Quality Planning Association . Civic Center, 500 E. 3'd Street, Loveland, CO 80537 • RE: Resource Colorado Water& Sanitation Metropolitan District Water Quality Management Plan Amendment Dear Ms. O'Neill: The Town of Hudson has reviewed the request from Resource Colorado & Sanitation Metropolitan District to be designated as a Wastewater Management and Operating • Agency for an area of over 8.4 square miles adjacent to the Urban Growth Boundary of the Town of Hudson. In the course of our review, the relative pertinent information regarding the proposed service area includes: 1. Resource Colorado Water& Sanitation Metropolitan District was approved by Weld County in August 2004 and subsequently by the Weld County District Court in late September 2004. 2. The approved Service Plan Area for this district is located south of WCR 4 at WCR 67 and contains approximately 154.7 acres. 3. Resource Colorado now wishes to become the Wastewater Management& Operating Agency for an 8,4 square mile area approximately eight(8)miles distant from the original approved district service plan area. 4. A Management Agency, by definition, is typically a governmental entity with land use and planning authority. 5. Resource Colorado Water& Sanitation Metropolitan District has not developed any infrastructure of any kind within the previously approved service plan area. 6. The proposed sewer service area does not currently have any approved land • uses or designated zoning other than agricultural. I 07/26/2005 12:46 19702230295 KRAEMER E GOLDEN FAGS 24/24 • Resource Colorado does not appear to qualify as a Management Agency for the new service area. The applicant represents that the existing population base is zero. Population projections, in the absence of approved land use plans are nothing more than highly speculative. The Town of Hudson consequently views this application as extremely premature. As a minimum for appropriate consideration of a 208 Plan amendment, sufficient planning information must be provided to ascertain that there will not be negative water quality effects caused by creation or change of a service area. Hudson's current Urban Growth Boundary. recently established by agreement with Weld County, is only a couple of miles directly south of the proposed service area. Growth trends may dictate that wastewater service may better be served by Hudson. Weld County is currently serving in the capacity of the Management Agency for the proposed service area and will remain in that capacity until the area is annexed by an adjacent town or the area incorporates. Formal land use planning and zoning applications and corresponding approvals have not been issued by Weld County. Permitted uses, population estimates, building densities, developed runoff and detention, floodplain encroachment and potential zoning conflicts are just a few of many unresolved and undisclosed issues which must be considered before assigning the responsibility of an operating agency for the wastewater service area. In the absence of more detailed land use planning information and approval, any designation of a Service Agency by the North Front Range Water Quality Planning Association for this area may be inappropriate at this time. 4, The applicant cannot possibly represent a successful land development or service prior to formal application for amendments to the Weld County Comprehensive Plan and preliminary site and zoning approvals. Accordingly, the Town of Hudson recommends to the NFRWQPA Board that this application be tabled or withdrawn until a more definitive land use plan with initial approvals has been established for the proposed service area. Sincerely, m La Town Ad mistrator • ' itL.1U.E004 11: 11RM ( N0.834 P.6 *el 1104.04_ CITY COUNCIL COMMUNICATION � . °� Meeting Date: December 14, 2004 Item Number: \N-%.:8_....11O$ Sub Subject: Weld Co C� i County Referral: I-25 Sanitation Diafsict Service Plan (#2049-11) Type of Item: Information c., Time for Preseat*Uoa: n/a Presented By: Froda Greenberg, Principal Planner 303/651-8326p ago SL1 froda.greenberg@et.longmont.co,us Suggested Action: Provide direction if Council wants to modify staficommcnta The City of Longmont has received the East 1-25 Sanitation District Service Plan for our review and comment. The propoaed district is located northeast of 1-25 and SH66 and will comprise about 3,300 acres initially and 13,000 acres potentially (see attached map of the approximate ultimate district boundary), The purpose of the proposed district is to finance the construction of a sewer collection system (and possibly a lift station and/or force main) that would flow into the St. Vrain Sanitation District's wastewater treatment plant. The City's comments suggest that the submission and approval of this service plan is premature since only about 160 acres of the proposed 13,000 acres are currently within the 1.25 Mixed Use Development Area and planned for urban level development. The existing I-25 Mixed Use Development Area encompasses about 15,000 acres, Staff comments also suggest that it is not • timely for Weld County to consider such expansion until much more of that area is actually built out. Finally,the City is a member of the North Front Range Water Quality Planning Association (NFRWQPA). If the proposed district is brought before the NFRWQPA board, staff plans to vote against its inclusion in the NFF:WQPA Water Quality Management Plan unless otherwise directed by Council. xc: Kim Ogle, Weld County Planning Department File: #2049-11 E I BIT C LONG �� DEPARTMENT OF COMMUNITY DEVELOPMENT '+ PLANNING AND DEVELOPMENT SERVICES DIVISION Civic Center Complex/Longmont, CO 80501 -240R'$0 (303)651-8330/Fax#(303) 651-8696 E-mail: longmont.planning@ci.longmont.co.us Weld County Planning Department Web site: http://www.ci.longmont.co.us GREELEY OFFICE DEC 2 0 2004 December 15, 2004 RECEIVED L Mr. Kim Ogle o c Weld County Planning Department r� 1555 N. 17th Avenue Greeley, CO 80631 RE: East I-25 Sanitation District Service Plan Dear Kim: Thank you for sending the East 1-25 Sanitation District Service Plan to the City of Longmont for our review and comment. The proposed district is located northeast of I-25 and SH66 and will comprise about 3,300 acres initially and 13,000 acres potentially. The purpose of the proposed • district is to finance the construction of a sewer collection system (and possibly a lift station and/or force main) that would flow into the St. Vrain Sanitation District's (SVSD) wastewater treatment plant. The City of Longmont respectfully suggests that the submission and approval of this service plan is premature. Only about 160 acres of the proposed 13,000 acres are currently within the 1-25 Mixed Use Development Area and planned for urban level development. As a result, the urban land use assumptions that are used as the basis for the calculations in the service plan essentially are hypothetical. They are not in compliance with the proposed land uses in Weld County's plans: one of the requirements for approval of a service plan. Another requirement for approval of a service plan is that there is sufficient projected need for sewer service for the area to be served by the district. Since Weld County has not yet planned this area for urban development, it does not appear that this need has been established. The service plan indicates that the St. Vrain Sanitation District has excess capacity to serve the proposed district. However, there is no information from the St. Vrain Sanitation District included in the service plan documenting the extent of this excess capacity and their willingness and ability to treat the flows from the 13,000 acres. It is the City's understanding that the Town of Mead's service area includes portions of this proposed special district. Issues associated with who would provide wastewater treatment(Mead or SVSD) also need to be clarified and resolved prior to review and approval of any service plan. • n - The existing I-25 Mixed Use Development Area encompasses about 15,000 acres. If Weld County is interested in almost doubling the area planned for urban development along 1-25, the 11- City suggests that it would be more appropriate to amend the I-25 Mixed Use Development Area prior to approving this service plan. The amendment process would allow the public, all service providers, the North Front Range Water Quality Planning Association (NFRWQPA), and Weld County a better opportunity to understand the implications of this significant expansion of area planned for urban development. If an expansion to the I-25 Mixed Use Development Area were approved, then everyone would be in a better position to review the assumptions of any future service plan. Having said that, the City also believes that it would be more timely to postpone consideration of any amendments to the 1-25 Mixed Use Development Area until much more of it is actually built out. Finally, the City is a member of the NFRWQPA. If this proposed district is brought before the NFRWQPA board, the City plans to vote against its inclusion in the NFRWQPA Water Quality Management Plan. Thank you again, Kim, for sending this referral to the City of Longmont for review and comment. If you have any questions, please contact me at 303/651-8326 or froda.greenberg@ci.longmontco.us. Sincerely, Froda Greenberg, AICP Principal Planner . xc: Phil DelVecchio, Community Development Director Brad Schol, Planning Director Dale Rademacher,Water/Wastewater Utilities Director Cal Youngberg, Water Quality Director File: #2049-11 - Memorandum • ipe TO: Kim Ogle, Dept. of Planning Services From: Connie O'Neill & Trevor Jiricek, Dept. Of Public Health & Environment COLORADO DATE: December 15, 2004 SUBJECT: East 1-25 Sanitation District Referral The Department has reviewed the East 1-25 Sanitation District application. The proposal is for the development of a new sanitation district in three phases. This district could ultimately provide sanitation collection services for development in the general area between 1-25 and County Road 17 and Highway 66 and County Road 40. This collection service would then transport water to the existing St. Vrain Sanitation treatment facility. According to the application, all of the property within the initial proposed district lies within unincorporated Weld County. The proposed district boundaries overlaps two existing (Town of Mead and St. Vrain Sanitation District) service area boundaries as defined by the Areawide Water Quality Management Plan (AWQMP). The AWQMP is • administered by the North Front Range Water Quality Planning Association and must approve of the service boundaries. The proposed district must also seek and receive approval from the CDPHE and your agency (in accordance with the Colorado Regulations for the Site Application Process 5 CCR 1002-222)). The approval of this district will likely spur growth and development in an unincorporated area of the County. To our knowledge, the applicant has not used County processes such as inclusion into the MUD, to address service and other utility issues. The lack of a municipal government may limit the development of certain services and amenities that contribute to the public health of a community, ie. integrated walking/biking trails, public transit, recreation centers/facilities, etc. Further, the lack of local services will _ cause residents to pursue those services in other areas increasing the number of vehicle miles driven contributing to poorer air quality within our air shed. Please do not hesitate to call us should you have any questions, etc. IB• R 1.6 Dissolution of the District Any Petition to the Weld District Court for Organization of the East 1-25 Sanitation District shall request that the Order declaring the district organized shall provide that unless extended by action of the Weld County Commissioners, the district be dissolved if, within 12 months after the date of said Order, the "208 boundary" in the area is not amended by the North Front Range Water Quality Planning Association to follow the boundaries of the District and to allow for its operation therein. The applicant shall provide the Weld County Attorney with the opportunity to review and comment upon said Petition and any proposed Order prior to them being filed with the Court. • • EXHIBIT G:\Clients\East 1-25 San(Maass)\Organization\Scrvicc Plan- alternative Section I.6.doc — I-cr Hello