HomeMy WebLinkAbout20053101.tiff RESOLUTION
RE: ACCEPTANCEOF FILING OF SERVICE PLAN AND REFERRAL TO WELD COUNTY
PLANNING COMMISSION FOR STUDY AND RECOMMENDATION - PIONEER
REGIONAL METROPOLITAN DISTRICT AND PIONEER METROPOLITAN DISTRICTS
NO. 1 THROUGH 6
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,seven documents entitled, "Service Plan for Pioneer Regional Metropolitan
District (Service District)" and "Service Plan for Pioneer Metropolitan District No. 1" through "6
(Financing District)" ("Service Plans") have been received by the Clerk to the Board from the
proposed Metropolitan District's attorneys,McGeady Sisneros, P.C.,for filing with and consideration
by the Board of County Commissioners, and
WHEREAS,Section 32-1-204(2), C. R. S., requires that the Service Plans be delivered to
the Weld County Planning Commission for study and recommendation to the Board of County
Commissioners,such recommendation to be received by the Board within thirty(30)days after the
filing of the Service Plans, and
WHEREAS,the Board deems that the date of filing should be commensurate with the date
of this Resolution, in order to allow enough time for referrals of the Service Plans to appropriate
agencies for comment prior to the public hearing before the Planning Commission, and
WHEREAS,the Board of County Commissioners deems it advisable to accept the filing of
the Service Plans as of October 17, 2005,and to refer it to the Weld County Planning Commission
for study and recommendation back to the Board of County Commissioners,such recommendation
to be received by the Board prior to January4,2006, pursuant to the proposed schedule submitted
by the applicant, which schedule waives the thirty-day requirement, and
WHEREAS,the Board of County Commissioners shall, on January 4, 2006, set a public
hearing date for its consideration of said Service Plans.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the filing of the above listed documents be, and hereby is, accepted.
BE IT FURTHER RESOLVED that said Service Plans be, and hereby are, referred to the
Weld County Planning Commission for study and recommendation back to the Board of County
Commissioners, such recommendation to be received by the Board prior to January 4, 2006..
BE IT FURTHER RESOLVED that the Board of County Commissioners shall, on
January 4, 2006, set a public hearing date for its consideration of said Service Plans.
2005-3101
SD0126
/O-QS-
RE: SERVICE PLANS - PIONEER REGIONAL METROPOLITAN DISTRICT AND PIONEER
METROPOLITAN DISTRICT NO. 1 THROUGH 6
PAGE 2
BE IT FURTHER RESOLVED by the Board of County Commissioners that the organizers
of the proposed Metropolitan District have paid the filing fee of$3,500.00, BY Check#00001118,as
required by Appendix 5-D of the Weld County Code, to the Clerk to the Board.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 19th day of October, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
~ �L�`� WELD COUNTY, COLORADO
ATTEST: j: i I ,:,I- . , Cha
7K/LGS' r pf
illiam H. ke, Chair
Weld County Clerk to the
M. eile, Pro-Tem BY: 641
uty C 'rk to the Board U
D E. Lon
APPRO D AS TO FO Lo r
Robert D. Masden
Coun orney yea
Glenn Vaad
Date of signature: lOI3 /OS
2005-3101
SD0126
McGEADY SISNEROS, P. C.
ATTORNEYS AT LAW
1675 BROADWAY, SUITE 2100
DENVER,COLORADO 80202
TELEPHONE:13031 592-4380
FACSIMILE:(303)592-4395
WWW.MCGEADYSISNEROS.COM
W.MCGEADYSISNEROS.COM
MARYANN M.MCGEADY SPECIAL COUNSEL
DARLENE SISNEROS KENNETH M.KOPROWICZ
MARY JO DOUGHERTY
ANNE K.LAPORTA
MEGAN BECHER
BRR
VALERIE 0.BROMLEY
RUSSELL W.KANSTRA
DA
KATHRYN N.KC. U
GEORN.JACQUELINE O. LEYPHY
GEORGE M.ROW LEY
October 14, 2005
VIA HAND DELIVERY
Michelle Martin
Weld County Planning Department
918 — 10`h Street
Greeley, CO 80631
Re: Proposed Pioneer Regional Metropolitan District and Pioneer Metropolitan
District Nos. 1-6 (the "Districts")
Dear Ms. Martin:
On behalf of Pioneer Communities, Inc. and HP Farms, LLC and in reference to the
above proposed Districts, we are enclosing the items listed below in anticipation of a May 2006
election. Please note that with regard to the filing fee for these Districts, we have issued a check
made payable to the Clerk in the amount of$3,500 ($500 x 7 Service Plans). We are awaiting
instruction from County Attorney Morrison to confirm the proper amount of the filing fee.
1. One (1) copy of the draft Service Plan for each of the proposed Districts. We are
awaiting instruction from County Attorney Morrison as to the requisite number of copies. We
will hand deliver these to you as soon as we hear.
2. Draft resolution for the formation of the Pioneer Law Enforcement Authority,
which has been distributed for review and comment to the appropriate persons within the Weld
County Sheriffs Department.
3. Schedule of Events anticipating an organizational election in May of 2006.
4. Copy of check No. 0000118 made payable to the Weld County Clerk and
Recorder in the amount of$3,500 for the filing fee.
00053845.DOC v:1}
2005-3101
Michelle Martin
October 14, 2005
Page 2
Thank you for your consideration and we look forward to meeting with you to discuss
Staff's comments on the Service Plans.
Very truly yours,
MCGE• IY .1: 1ROS,P.C.
1 a•que me C. Murphy
end.
cc: Weld County Clerk and Recorder
(via Hand Delivery, with copies of the Service Plans and check for filing fee)
Lee Morrison, Esq.
MaryAnn M. McGeady
Joel Farkas
Harvey Deutsch
Chris Paulson
Jack Reutzel
Colorado Business Bank - 00001118 .
Pioneer Communities Inc. 1275 Tremont Place
9145 E.Kenyon Avenue Denver, CO 80204 1303) 893.5501
Suite 200
f enver, CO` 80237 23-320%1020
III CHECK NUlv1 DATE AMOUNT t
{ '
1118 Oct 14, 2005 ****$3, 500 .00
PAY hr Rand F v %d dnd '00/100 Do11aTr,s
E0RD WELTS COUNTY CLERK "s RECORDER
a ` 3:. - - ,.=-:° z s_7 re
11'0000 1 L L811' E: LO 200 3 206': 3 l 6 7 ' 6811'
I
4.8TESN RECEIP DATE NO. 3536 `
attec300010 RECEIVED FRO /r � ) �" 7/cy7 CL flt
m to 0
A
U W t`c0 DDRESS
OI-0 >+ •
O CL)
[Ch Cw.� ) !
V Y d ACCOUNT HO AIDS Z , 'I)
AMT.OF
in W V ACCOUNT CASH
a AMT. .�
Ku(� PAID CHECK��iln n� '_ / _
BALANCE MONEY CL Py , //GI (�
DUE ORDER
T2001 REDIFORMa 8L808 i
MEMORANDUM
TO: Weld County Planning
FROM: McGeady Sisneros, P.C.
RE: Schedule of Events for Organizing a Title 32 Special District
DATE: October 14, 2005
The following is a schedule of events for the organization of the proposed Pioneer Regional
Metropolitan District and Pioneer Metropolitan District Nos. 1-6 to be located within Weld
County, Colorado and conducting an organizational and debt authorization election in May,
2006.
TIME EVENT
I. SERVICE PLAN
8/2005 to Prepare draft Service Plan and Exhibits.
10/7/05
Week of Submit Service Plan to Weld County for review, along with filing fee.
10/10/05
Week of Service Plan is referred to County Planning Commission for review and
10/17/05 comment.
12/13/05 Public Hearing before Planning Commission.
(The Planning Commission meets the 2n° Tuesday of every month in the
Greeley office(918 10t Street, Greeley); and the 4`h Tuesday of every month in
the South Weld Office; (4209 CR 24 h, Longmont))
12/13/05 to Revisions, if any, to Service Plan are made.
12/20/05
12/20/05 Order 3-mile radius and property owner's list from County Assessor
01/04/06 Board of County Commissioners sets hearing date on Service Plan.
(The Weld County Commissioners meet at 9:00 am each
Monday and Wednesday on the first floor meeting room
at the Centennial Center Complex, 91510`h Street, Greeley)
Weld County Planning
October 14, 2005
Page 2
01/09/06 Send Notice of Hearing to newspaper for publication and mail Notices to
interested parties.
(Deadline for publication in the Southern Weld Sun is Monday at 5:00 p.m.)
01/12/06 Publish Notice of Hearing.
(Southern Weld Sun publishes Thursdays)
02/06/06 Public Hearing before the Board of County Commissioners.
(The Weld County Commissioners meet at 9:00 am each
Monday and Wednesday on the first floor meeting room
at the Centennial Center Complex, 915 10`h Street, Greeley)
II. COURT PROCEEDINGS
Present— Verify Director qualification. Prepare Petition and exhibits. Obtain signatures
March 2006 on Petition for Organization.
03/01/06 File Petition for Organization, Service Plans, and Resolution of Approval with
District Court.
The Court will fix a place and time for hearing on the Petition for
Organization which will be not less than 20 nor more than 40 days after the
Petition is filed with the Court.
03/20/06 Send Notice of Hearing on Petition for Organization to newspaper.
(Deadline for publication in the Southern Weld Sun is Monday at 5:00 p.m.)
03/23/06 Publish and mail Notice of Hearing on Petition for Organization.
(Southern Weld Sun publishes Thursdays)
04/10/06 Court Hearing. Court orders Election.
III. MAY 2006 ELECTION
01/20/06 Notify Clerk and Recorder of non-coordinated election
02/24/06 File self-nomination and acceptance forms with County Clerk and Recorder
(00054456.DOC v:l} 2
Weld County Planning
October 14, 2005
Page 3
03/03/06 Deadline to certify ballot content to DEO
03/08/06 Submit mail ballot plan to Secretary of State.
3/23/06 DEO requests copies of voter registration records from Clunty Clerk and
Recorder and property owner records from County Assessor
3/31/06 Deadline to Mail Tabor Notices
04/03/06 Submit Notice of Election to newspaper for publication.
(Deadline for publication in the Southern Weld Sun is Monday at 5:00 p.m.)
04/06/06 Publish Notice of Election. Copy of Notice posted in DEO's office until 2
days after election and copy of notice is retained by election official for public
inspection until an election contest is decided. Mail Notice of Election to
County Clerk and Recorder.
(Southern Weld Sun publishes Thursdays)
04/07/06 to DEO mails mail ballot packets.
04/17/06
05/02/06 ELECTION DAY
05/09/06 Deadline to Canvass Election Returns.
File election returns with District Court and obtain Order and Decree Creating
District.
TBD Organizational meeting.
00054456.DOC v:l} 3
DRAFT
McGEADY SISNEROS, P.C.
October 11, 2005
RESOLUTION DECLARING INTENT TO CREATE THE WELD COUNTY PIONEER
LAW ENFORCEMENT AUTHORITY
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, Section 30-11-401, et seq., C.R.S., provides the authority to create law
enforcement authorities and directs the procedures for establishment thereof; and
WHEREAS, that certain property owned by H.P. Farms LLC and Pioneer Communities,
Inc. (the "Property Owner") in Southern Weld County, is to be developed for urban density and
currently has minimal on-site law enforcement protection; and
WHEREAS, said Board of County Commissioners, the Property Owners and the Weld
County Sheriff desire to insure the provision of more intensive law enforcement required for a
residential development in an unincorporated area of the County located away from existing
municipalities; and
WHEREAS, after discussions between the applicant, the Weld County Sheriffs Office,
the Weld County Attorney's Office, and the Director of Finance, it appears from the legal and
fiscal standpoint that the creation of a law enforcement authority is necessary and appropriate in
order to provide adequate law enforcement in the Pioneer Subdivision; and
WHEREAS, the area to be included within the law enforcement authority is the property
more particularly described in Exhibit A attached hereto and incorporated herein by this
reference (the "Property"); and
WHEREAS, use of the Law Enforcement Authority will provide more adequate law
enforcement for persons residing in developed or developing unincorporated areas of Weld
County, will prevent the crime rate from rising therein and will better assist police, sheriff, and
other law enforcement agencies in prevention of crime and in the detection and apprehension of
criminal offenders; and
WHEREAS, the procedural requirements of Section 30-11-401, C.R.S., have been met,
including publication in a newspaper of general circulation, for at least three consecutive weeks,
of notice of the date, time, and place of the meeting whereby this Board considered the action
contemplated herein; and
WHEREAS, the Board of County Commissioners finds it has jurisdiction herein; and
WHEREAS, HP Farms, LLC and Pioneer Communities, Inc., as current landowners of
parcels of land exceeding twenty acres in size, have consented to inclusion with the Law
Enforcement Authority. tit{00051930.DOC v:2} ` {"
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of
Weld County, Colorado, hereby declares its intent to create an Authority pursuant to Section
30-11-401, et seq., C.R.S., which shall be known as the Weld County Pioneer Law Enforcement
Authority(hereinafter referred to as Pioneer LEA). The territory of Pioneer LEA shall generally
include the property more particularly described in Exhibit A.
BE IT FURTHER RESOLVED that the Board of County Commissioners, as the ex-
officio governing Board of the Pioneer LEA, shall have all such powers and duties granted or
imposed under Section 30-11-401, et seq., C.R.S., and any further powers and duties which may
hereinafter be granted and imposed by statute.
BE IT FURTHER RESOLVED that the Pioneer LEA shall be deemed created thirty days
following the canvass of votes cast at the election indicating approval of the creation of the
Authority, which election shall be held on November 7, 2006.
BE IT FURTHER RESOLVED that the questions put forth to the electors at the election
to be held on the day of November, 2006, are as follows:
"SHOULD THE AREA KNOWN AS THE "PIONEER PLANNED UNIT
DEVELOPMENT,"WHICH IS GENERALLY LOCATED IN SECTIONS 4 5,
7, 8, 9, 17, 18, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, SECTION 32, TOWNSHIP 3 NORTH, RANGE 64
WEST OF THE SIXTH PRINCIPAL MERIDIAN, AND SECTIONS 1, 2, 11, 12,
13, 14, 15, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BE
INCLUDED IN A LAW ENFORCEMENT AUTHORITY PURSUANT TO
SECTION 30-11-401, ET SEQ., C.R.S., TO BE KNOWN AS THE PIONEER
LAW ENFORCEMENT AUTHORITY?
SHALL WELD COUNTY PIONEER LAW ENFORCEMENT AUTHORITY
TAXES BE INCREASED $ ANNUALLY OR SUCH LESSER
AMOUNT AS NECESSARY TO PAY THE AUTHORITY'S OPERATING
EXPENSES, AND SHALL PROPERTY TAXES BE IMPOSED IN ANY YEAR
AT A RATE OF 4 MILLS AND ANY INVESTMENT INCOME THEREON BE
COLLECTED AND SPENT BY THE AUTHORITY IN FISCAL YEAR 2007
AND IN EACH YEAR THEREAFTER FOR AS LONG AS THE AUTHORITY
CONTINUES IN EXISTENCE, WITHOUT LIMITATION BY THE REVENUE
AND SPENDING LIMITS OF ARTICLE X, SECTION 20 OF THE
COLORADO CONSTITUTION AND WITHOUT REGARD TO THE
LIMITATION ON PROPERTY TAXATION IN 29-1-301 C.R.S. OR ANY
OTHER STATUTORY OR CONSTITUTIONAL PROVISION THAT
PURPORTS TO LIMIT THE DISTRICT'S REVENUES OR
EXPENDITURES?"
BE IT FURTHER RESOLVED that notice of the election shall be published by the Clerk
to the Board of County Commissioners of Weld County, Colorado, and said notice shall contain
essentially the following information:
}00051930.DOC v:2} 2
"The election precinct shall be the entire Pioneer Planned Unit Development in
Weld County, Colorado, as described and recorded at Book , Reception
, of the records of the Weld County Clerk and Recorder, and the
polling place shall be
, between the hours of 7:00 a.m. and 7:00 p.m.
The questions presented shall be:
`SHOULD THE AREA KNOWN AS THE "PIONEER
PLANNED UNIT DEVELOPMENT," WHICH IS GENERALLY
LOCATED IN SECTIONS 4 5, 7, 8, 9, 17, 18, TOWNSHIP 2
NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, SECTION 32, TOWNSHIP 3 NORTH, RANGE 64
WEST OF THE SIXTH PRINCIPAL MERIDIAN, AND
SECTIONS 1, 2, 11, 12, 13, 14, 15, TOWNSHIP 2 NORTH,
RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO, BE INCLUDED
IN A LAW ENFORCEMENT AUTHORITY PURSUANT TO
SECTION 30-11-401, ET SEQ., C.R.S., TO BE KNOWN AS
THE PIONEER LAW ENFORCEMENT AUTHORITY?'
SHALL WELD COUNTY PIONEER LAW ENFORCEMENT
AUTHORITY TAXES BE INCREASED $ ANNUALLY
OR SUCH LESSER AMOUNT AS NECESSARY TO PAY THE
AUTHORITY'S OPERATING EXPENSES, AND SHALL
PROPERTY TAXES BE IMPOSED IN ANY YEAR AT A RATE
OF 4 MILLS AND ANY INVESTMENT INCOME THEREON
BE COLLECTED AND SPENT BY THE AUTHORITY IN
FISCAL YEAR 2007 AND IN EACH YEAR THEREAFTER
FOR AS LONG AS THE AUTHORITY CONTINUES IN
EXISTENCE, WITHOUT LIMITATION BY THE REVENUE
AND SPENDING LIMITS OF ARTICLE X, SECTION 20 OF
THE COLORADO CONSTITUTION AND WITHOUT
REGARD TO THE LIMITATION ON PROPERTY TAXATION
IN 29-1-301 C.R.S. OR ANY OTHER STATUTORY OR
CONSTITUTIONAL PROVISION THAT PURPORTS TO
LIMIT THE DISTRICT'S REVENUES OR EXPENDITURES?
"Persons eligible to vote are persons who, on the date of this election, are
qualified to vote in a general election in the State of Colorado and have been a
resident of the proposed law enforcement authority or, who or whose spouse owns
taxable real or personal property within the proposed authority, whether or not
said person resides within the authority."
BE IT FURTHER RESOLVED that if a canvass of the votes indicates that a majority of
those electors of the authority voting at said election have voted in favor of said proposition,
such authority shall be approved and the Pioneer LEA shall be created, effective thirty days
following such canvass.
{00051930.DOC v:21 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the day of , 20
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
By:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
00051930.DOC v:2} 4
EXHIBIT A
(the"Property")
•
{00051930.DOC v:2} 5
SD0126
2005-3101
Pioneer Regional Metropolitan District
and
Pioneer Metropolitan Districts
No 1 -6
Service Plans
Not Scanned
Service Plans can be viewed in the Clerk to the Board's Office
Hello