HomeMy WebLinkAbout20050252.tiff 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 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 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 December21, 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., 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
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.
2005-0252
SD0094
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APPROVE SERVICE PLAN - PROPOSED EAST 1-25 SANITATION DISTRICT
PAGE 2
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)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
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APPROVE SERVICE PLAN - PROPOSED EAST I-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 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.
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
JJ ���� WELD COUNTY, COLORADO
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William H Jerke, Chair
•mow % Clerk to the Board
1861 Ri/
M. . Geile, Pro-Tem
' Jerk to the Board CoLci\/
D vid E. Long
OV• AS TO •
Robert D. Masde
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C•• ty or. .
Glenn Vaa
Date of signature:
2005-0252
SD0094
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