HomeMy WebLinkAbout20042468 RESOLUTION
RE: APPROVE SERVICE PLAN - RESOURCE COLORADO WATER AND SANITATION
METROPOLITAN 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 Resource Colorado Water and Sanitation Metropolitan 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 August 25, 2004, 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 August 4, 2004; 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 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 August 3, 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 August 25,2004,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 Department of Planning Services, 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, and
WHEREAS, Section 32-1-203(2), C. R. S., as amended, states that the Board of County
Commissioners shall approve the service plan unless evidence satisfactory to the Board of each
of the following is presented:
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SERVICE PLAN - RESOURCE COLORADO METROPOLITAN DISTRICT
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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 water delivery
to Adams County municipalities from the Lost Creek Aquifer located in Weld County.
The area slated for delivery of water from this proposed Water and Sanitation District
is within the Denver Basin.
B. "The existing service in the area to be served by the proposed special district is
inadequate for present and project needs." The Denver Basin has an adequate
Supply of water for existing and proposed development. All development proposals
coordinate their requests for water through the State Engineers Office.
C. "The proposed Special district is capable of providing economical and sufficient
service to the area within its proposed boundaries." The referral dated April 21,
2004, and June 21, 2004 addressed the concerns of Don Warden, Director of
Finance; however, in the memorandum dated July 28, 2004, Mr. Warden states
". . . Bruce Barker[County Attorney] and I met with representatives proposing the
district on July 26,2004. Based upon that meeting and their attached July 26,2004,
responses to my earlier concerns,this is to advise you that with the amendment to
the service plan being drafted by Bruce Barker in accordance with the concepts in
their July 26,2004, response, I no longer have any objections to the Service Plan for
Resource Colorado Water and Sanitation metropolitan District, as amended."
Mr. Warden referenced an amendment to the Service Plan being drafted by Mr.
Barker. The amendment has been drafted by Mr. Barker and Maryann McGeady,
McGeady Sisneros, P. C. of Denver, the applicant's legal counsel, and has been
incorporated into Section X of the Service Plan.
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." The
referral dated April 21, 2004, and June 21, 2004 addressed the concerns of Don
Warden, Director of Finance;however, in the memorandum dated July 28,2004, Mr.
Warden states "... Bruce Barker [County Attorney] and I met with representatives
proposing the district on July 26,2004. Based upon that meeting and their attached
July 26, 2004 responses to my earlier concerns, this is to advise you that with the
amendment to the service plan being drafted by Bruce Barker in accordance with the
concepts in their July 26, 2004, response, I no longer have any objections to the
Service Plan for Resource Colorado Water and Sanitation Metropolitan District, as
amended."
WHEREAS, 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 Denver Basin
has an adequate supply of water for existing and proposed development. All
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development proposals coordinate their requests for water through the State
Engineers Office.
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." Section 22-2-60.H.1 of the Comprehensive Plan
A.Policy 8.1. states "Any exportation of water out of a closed basin aquifer is
discouraged." However, Section 22-4-20.H.2 A.Policy 1.2. states "The County
should support the development of creative policies to conserve agricultural land,
including preservation techniques and prioritizing incentives. Further,Section 22-4-
30.C.1 WA.Policy 3.1.states"The County will acknowledge water rights as private."
D. "The proposal is in substantial compliance with any duly adopted county, regional,
or state long range water quality management plan for the area." Section 22-4-20.C
and Section 22-4-20.D respectively state,"The Water Quality Control Commission,
a citizen board appointed by the Governor, subject to confirmation by the State
Senate, defines water quality regulation and policies in Colorado. The Colorado
Department of Public Health and Environment administers the Water Quality
Program throughout the State." Further, "as part of the Larimer-Weld Region,
Area-wide Water Quality Management Plan,the County has been identified as the
responsible management agency for all areas in the county outside the urban
service areas. As a management agency, the County has a responsibility to
exercise land use authority based on water quality considerations. This
responsibility is partly fulfilled by evaluating water quality considerations associated
with land use proposals in accordance with the standards set forth in this Chapter
and Chapters 23 and 24 of this Code."
E. "The creation of the proposed special district will be in the best interests of the area
proposed to be served." Section 22-2-20.B states"The provision of infrastructure,
such as transportation systems, sewage disposal or water systems, are important
aspects to consider during the planning stages of development. The capacity of
planned and future infrastructure shall be evaluated on a site-specific basis."
Further, Section 22-3-50.A, P.Goal 1. states"Promote efficient and cost-effective
delivery of public facilities and services. Section 22-3-50.A.1 states"P.Policy 1.1.
Consolidation of public facilities or services and coordination between providers
should be encouraged to avoid duplication of costs and promote efficiency; and
Section 22-4-30.E WA.Goal 5. states " Development will occur in areas where
adequate water quantity and quality is currently available or reasonably obtainable,
and Section 22-4-30.E.1 WA.Policy 5.1. states "Policy applications for proposed
development will assess currently available or reasonably obtainable water quantity
and quality."
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The proposed Service Plan and special district will be in the best interests of the
area proposed to be served and is in the interests of the County of Weld.
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 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 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 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.
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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.
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 Commissioner sand the Clerk to the Board
and sealed with the corporate seal of the County.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 25th day of August, A.D., 2004.
ILr• BOARD OF COUNTY COMMISSIONERS
??�� W D COU 'TY COLORADO
1861 cs '- �1 VV\c^
Robert D. Masden, Chair
�® ►`� �y Clerk to the Board
William H. J r -, Pro-Tem
BY:
Deputy Clerk to the Board / '�/Cc/
M. lecj
EfL-•
AP O D AS TO M:/
i David . Long
oun Attor ey EXCUSED
Glenn Vaad
Date of signature: 8-
2004-2468
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