HomeMy WebLinkAbout20010548.tiff ATTORNEYS&COUNSELORS AT LAW
633 SEVENTEENTH STREET,SUITE 3000
Sherman & Howard L.L.c. DENVER,COLORADO 80202
TELEPHONE:303 297-2900
FAX:303 298-0940
OFFICES IN:COLORADO SPRINGS
RENO•LAS VEGAS•PHOENIX
February 22, 2001
Board of County Commissioners
Weld County
Box 758
Greeley, CO 80632
Re: Berthoud Fire Protection District
Dear Commissioners:
Pursuant to Section 32-1-1101.5(1),C.R.S.,I am enclosing a copy of the Certified Statement
of Election Results for the election of the Berthoud Fire Protection District held November 7,2000.
Please place it in the District's files.
If you have any questions or need any additional information, please contact either Blake
Jordan at (303) 499-3838 or me at (303) 299-8443. Thank you.
Sincerely,
SHERMAN &HOWARD LLC
X./",/�
1fyiA: q-% iz/2
Tami Knopping lJ
Legal Assistant
/tjk
Enclosures
cc: Colorado Department of Regulatory Agencies,
Division of Securities (via certified mail 7000 0520 0025 4400 9530)
Mary Cowdin, Town Clerk, Town of Berthoud
(via certified mail 7000 0520 0025 4400 9547)
Stephen Charles, Fire Chief
Dick Lyons, Bernard Lyons Gaddis & Kahn PC
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED - 7000 0520 0025 4400 9561
C'lr).5o:7T arndt1
�ad, ` oe)/
2001-0548
CDC r)
Fab-21-01 16:53 P.02
CBERTHOUD FIRE PROTECTION DISTRICT
Box 570•275 Mountain Ave. • Berthoud, C )R0513• (9701 532.2264
•
November 27.2000 i
Division of Local Government J
1313 Sherman Street,Roan 521 W�
Denver,CO 80203
RE: Certification of Election Rtsults
On November 7,2000 the Berthoud Fire Protection District submitted the attached ballot question to its voters to
seek approval fur the attached. Attached is the certification from the Clerk and Records of the results of such
election. Based upon such cartifcation,the following are the results of the election.
The Number of votes FOR ballot question A was• Latimer County 2,682
Weld County 259
Boulder County 85
The number of votes east AGAINST question A was: Latimer County 1,781
Weld County 160
Boulder County 57
The number of votes FOR ballot question B was: Latimer County 2,152
Weld County 202
Boulder County 70
The number or votes cast AGAINST question B was: Latinist
t County 2,279
Weld County 210
Boulder County 70
The number of votes FOR ballot question C was: Latimer County 2,833
Weld County 260
Boulder County 84
the number of votes AGAINST ballot question C was: Latimer County 1,556
Weld County 150
Boulder County 58
The current contact for the District is:Fire Chief Stephen Charles,P.O.Box 570,Berthoud,CO 80513,(970)532-
2264.
If you have any questions,please contact our once at your earliest convenience.
Sincerely,
-1/0 diar ems_
Stephen Charles
Designated Election Official
SC/kt
Enclosure(elation ballot quuliuns)
AN EQUAL OPPORTUNITY EMPLOYER
Feb-21-01 16:53 P.03
CERTIFIED RECORD
OF
PROCEEDINGS OF
BERTHOUD FIRE PROTECTION DISTRICT
RELATING TO
THE NOVEMBER 7,2000 ELECTION
Feb-Z1-01 16:53 P.04
L _ _
BERTHOUD FIRE PROTECTION DISTRICT
Box 570.275 Mountain Ave.. Berthoud. CO 80513• (970)532.2264
II I
SPECIAL MEETING
A special meeting of the Berthoud Fire Protection District Board
of Directors will be held Tuesday, September 5, 2000 at 7:00 P.M.
The meeting will be held at the Berthoud Area Community Center,
248 Welch Avenue, Berthoud, Colorado.
The aforementioned meeting will be to study and finalize the
November, 2000 election ballot questions.
Posted August 28, 2000
AN EQUAL OPPORTUNITY EMPLOYER
Feb-21-01 16:53 P.05
STATE OF COLORADO
BERTHOUD FIRE PROTECTION DISTRICT )
The Board of Directors of Berthoud Fire Protection District met in Special session at 24R
Welch Ave.,in Berthoud,Colorado,on Tuesday,the 6°day of September.2000,at the hour of
7:00 P.M.
The following members of the Board of Directors were present,consisting of a quorum:
President and Chairman: j' 2.C/C
Secretary: •
744 ‘).
Treasurer: ti- t
Directors: . _ , h1v ,iL/l c
`
Also present: CcM �F�-^.O4.LLLCu-1
Attorney:
Manager: 27,44/9/Li 6-LeaJ
Underwriter: /
Absent: L2./E ,C 1g,49,,Cfie r[/Og ___
Thereupon there was introduced the following resolution:
Feb-21 -OS 16-63 V.06
RESOLUTION
WI TEREAS,the Board of Directors(the"Board")of Berthoud Fire Protection District
(the"District"),has deterlined and hereby determines that the interest of the District and the
public interest and necessity demand the acquisition,construction,installation and completion of
certain improvements to carry out the objects and purposes of the District requiring the creation
of a general obligation indebtedness,all as is more particularly stated in the ballot question set
forth hereafter,and
WHEREAS,the Board has determined that the interest of the District and the public
interest and necessity require that the District he authorized to increase its property tax and
collect and spend for public purposes or retain in reserve the District revenues as described in the
ballot questions set firth hereafter and;
WIUIREAS,accordingly, the Board has determined to submit to the eligible electors of
the District,at an election to be held on November 7,2000,the ballot questions set lirth
hereafter;and
WHEREAS,the election shall be held pursuant to the Unilirm Election Code of 1992,as
amended,and Article X,Section 20 ol'the Constitution of the State of Colorado;and •
WHEREAS.in accordance with§32-1-1101(3)(a),C.R.S.,it is hereby found,
determined,and declared by the Board:
(a) the interest of the District and the public interest and necessity demand the
acquisition_construction,installation,and completion of certain improvements to carry nut the
objects and purposes of the District,requiring the creation of a general obligation indebtedness;
(h) the objects and purposes for which the indebtedness is proposed is the acquisition,
construction,installation,reimbursement,purchase,and completion of certain fire protection
facilities and improvements of the District,as more particularly stated in the ballot questions set
forth hereafter;
(c) the estimated cost of the debt to be authorized is not greater than the amount set
forth in the ballot question herein,and the amount of principal to be incurred does not exceed
such amount;
(d) no part of the estimated cost of the improvements to be paid from the proceeds of
the debt is to be defrayed out of any state or federal grant;and
(c) the maximum net effective interest rate to be paid on any of the debt authorized
hereby is 7.25%per annum;
-3-
Fab-21-01 15:54
THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
BERTHOUD FIRE PROTECTION DISTRICT THAT:
Section 1. Submission of Ballot Oucstions. At an election of the District to be held
on Tuesday,November 7,2000,in addition to the other matters submitted to the electorate at the
election,there shall he submitted to the eligible electors of the District the ballot questions set
forth hereafter.The election shall be held and conducted in accordance with the Uniform Election
Code of 1992 and Article X,Section 20 of Colorado Constitution.
Section 2. Designated Election Official. Stephen Charles is hereby declared and
appointed the"designated election official"(the"Designated Election Official")for the election
within the meaning of Section 1-1-104(8),C.R.S.
Section 3. Conduct of Election.The Designated Election Official shall supervise the
conduct of the election and shall,with the assistance and consent of the Board,make all
determinations as to notice,publications,and other matters concerning the election,including
without limitation matters required or permitted under Article X,Section 20 of the Colorado
Constitution.The Designated Election Official may consult and coordinate with the appropriate
County Clerk and Recorder and with the Secretary of State in regard to conducting the election
and rendering decisions and interpretations under the law.
Section 4. Ballot Titles. The ballot titles for the questions to be submitted at the
election shall be in substantially the following form:
Debt for Fire Protection Purposes:
SHALL BERTHOUD FIRE PROTECTION DISTRICT DEBT BE INCREASED
$2,055,000,WITH A REPAYMENT COST$3,955,588;AND SHALL BERTHOUD FIRE
PROTECTION DISTRICT TAXES BE INCREASED$296,000 ANNUALLY,OR BY SUCIT
LESSER ANNUAL AMOUNT AS MAY BE NECESSARY TO PAY THE DISTRICT'S
DEBT:SUCH DEBT TO CONSIST OF GENERAL OBLIGATION BONDS OR OTHER
OBLIGATIONS ISSUED OR INCURRED FOR THE PURPOSES OF:
IMPROVING THE LEVEL OF FIRE PROTECTION IN 'HIE DISTRICT,
AND
REDUCING RESPONSE.TIME FOR EMERGENCY CALLS TO ALL
AREAS OF THE DISTRICT,
BY CONSTRUCTING A SECOND FIRE STATION,
EQUIPPING THE SECOND STATION WITH EMERGENCY
APPARATUS AND ALL OTHER EQUIPMENT NECESSARY,AND
.4-
.Uti
F raU-21-01 16:54
THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
BERTHOUD FIRE PROTECTION DISTRICT THAT:
Section 1. Submission of Ballot Ouestions. At an election or the District to be held
on Tuesday.November 7,2000,in addition to the other matters submitted to the electorate at the
election,there shall he submitted to the eligible electors of the District the ballot questions set
forth hereafter.The election shall be held and conducted in accordance with the Uniform Election
Code of 1992 and Article X,Section 20 or the Colorado Constitution.
Section 2. Designated Election Official. Kathy Thousand is hereby declared and
appointed the"designated election official"(the"Designated Election Official") for the election
within the meaning of Section I-1-104(8),C.R.S.
Section 3. Conduct of Election.The Designated Election Official shall supervise the
conduct of the election and shall,with the assistance and consent or the Board,make all
determinations as to notice,publications,and other matters concerning the election,including
without limitation matters required or permitted under Article X, Section 20 of the Colorado
Constitution.The Designated Election Official may consult and coordinate with the appropriate
County Clerk and Recorder and with the Secretary of State in regard to conducting the election
and rendering decisions and interpretations under the law.
Section 4. Ballot Titles. The ballot titles for the questions to be submitted at the
election shall be in substantially the following form:
Debt for Fire Protection Purposes:
SHALL BER.THOUD FIRE PROTECTION DISTRICT DEBT BE INCREASED
52,055,000,will!A REPAYMENT COST$3,955,588;AND SIIAT.T.BERTHOUD FIRE
PROTECTION DISTRICT TAXES BE INCREASED$296,000 ANNUALLY.OR BY SUCH
LESSER ANNUAL AMOUNT AS MAY BE NECESSARY TO PAY THE DISTRICT'S
DEBT:SUCH DEBT TO CONSIST OF GENERAL OBLIGATION BONDS OR OTHER
OBLIGATIONS ISSUED OR INCURRED FOR THE PURPOSES OF:
IMPROVING THE LEVEL OF FIRE PROTECTION IN THE DISTRICT,
AND
REDUCING RESPONSE TIME FOR EMERGENCY CALLS TO ALL
AREAS OF THE DISTRICT,
BY CONSTRUCTING A SECOND FIRE S'T'ATION,
EQUIPPING THE SECOND STATION WITH EMERGENCY
APPARATUS AND ALL OTHER EQUIPMENT NECESSARY,AND
-4-
Feb-21-01 16:54 P.09
INSTALLING ADDITIONAL FIRE HYDRANTS THROUGHOUT
PORTIONS OF THE DISTRICT
AM)FOR TIE PURPOSE OF PAYING,REIMBURSING,OR FINANCING ALL OR
ANY PART OF THE COSTS OF ACQUIRING,CONSTRUCTING,INSTALL NG,
COMPLETING,AND OTHERWISE PROVIDING, WITHIN OR WITHOUT THE
BOUNDARIES OF THE DISTRICT,OTHER NECESSARY FACILITIES AND
IMPROVEMENTS
SUCH DEBT TO BEAR INTEREST AT A NET EFFECTIVE INTEREST RATE NOT
IN EXCESS OF 7.25%PER ANNUM,SUCH INTEREST"TO BE PAYABLE AT
SUC11 TIME OR TIMES AS MAY BE DETERMINED BY THE DISTRICT,SUCII
DEBT TO BE ISSUED OR INCURRED AT ONE TIME FOR FROM TIME TO TIME,
TO BE PAID FROM ANY LEGALLY AVAILABLE MONEYS OF THE DISTRICT,
INCLUDING THE PROCEEDS OF AN AD VALOREM PROPERTY TAXES;SUCH
TAXES TO CONSIST OF AN Al)VALOREM MILL LEVY IMPOSED AN ALL
TAXABLE PROPERTY WITHIN'Il1E DISTRICT,WITHOUT LIMITATIONS OF
RATE AND N AMOUNTS SUFFICIENT TO PRODUCE THE ANNUAL INCREASE
SET POT(TT1 ABOVE.OR SUCH LESSER AMOUNT AS MAY BE NECESSARY,TO
BE USED SOLELY FOR THE PURPOSE OF PAYING TIM,PRINCIPAL.OF,
PREMIUM IF ANY,AND INTEREST ON THE DISTRICT'S DEBT;ANT)SHALL
THE PROCEEDS OF ANY SUCII DEBT AND THE PROCEEDS OF SUCII TAXES,
ANY OTHER REVENUE USED TO PAY SUCH DEBT,AND INVESTMENT
INCOME .HEREON,BE COLLECTED AND SPENT BY THE DISTRICT AS A
VOTER-APPROVED REVENUE.CHANGE AND WITHOUT REGARD TO ANY
SPENDING, REVENUE-RAISING,OR OTHER LIMITATION CONTAINED
WITHIN ARTICLE X,SECTION 20 OF THE COLORADO CONSTITUTION,AND
WITHOUT LIMITING IN ANY YEAR TILE AMOUNT OF OTHER REVENUES
THAT MAY BE COLLECTED AND SPENT BY THE DISTRICT?
Operations Tax Increase:
SHALL BERTHOU D EIRE PROTECTION DISTRICT TAXES BE INCREASED
$575,000.00 ANN'ALLY,COMMENCING IN 2001,ANT)BY WHATEVER
ADDI'I IONAI,AMOUNTS AREA RAISED ANNUALLY I'IIERFAFTER BY A MILL
LEVY OF NOT MORE THAN 6.1 MILLS,
THE PROCEEDS THEREOF TO BE USED TO PAY TI1E DISTRICT'S
OPERATIONS,MAINTENANCE,AND OTHER EXPENSES.
SUCH TAXES TO CONSIST OF AN AD VALOREM MILL LEVY IMPOSED ON
TAXABLE PROPERTY O1;TITF.DISTRICT;AND SHALL THE PROCEEDS OF
SUCH TAXES AND INVESTMENT INCOME THEREON BE COLLECTED AND
-5-
Feb-21-01 16:55 P-10
SPENT BY THE DISTRICT AS A VOTER-APPROVED REVENUE CHANGE IN
2001 AND IN EACH YEAR THEREAFTER,WITHOUT REGARD TO ANY
SPENDING,RLVENTJE..-RAISING,OR OTHER LIMITATION CONTAINED
WITHIN ARTICLE X,SECTION 20 OF THE COLORADO CONSTITUTION,OR
SECTION 29-1-301,COLORADO REVISED STATUTES?
Blanket TABOR and 5.5%Waiver
SHAM.BERTHOUD FIRE PROTEC'T'ION DISTRICT,WI'T'HOUT INCREASING
TAXES OF ANY KIND,BE AUTHORIZED AS A VOTER-APPROVED REVENUE
CIIANGE TO COLLECT,RETAIN,AN SPEND ALL REVENUES DERIVED BY
THE DISTRICT FROM ANY LAWFUL REVENUE SOURCE,INCLUDING BUT
NOT LIMITED TO TAXES,SERVICE CHARGES,INSPECTION CHARGED,
ADMINISTRATIVE CHARGES,GRANTS,OR ANY OTHER FEE,RATE,TOLL
PENALTY,INCOME.,OR CHARGE IMPOSED OR COLLECTED BY THE
DISTRICT;AND SHALL'II-LE PROCEEDS OF SUCH TAXES AND INVESTMENT
INCOME THEREON BE COLLECTED AND SPENT BY T11E DISTRICT IN 2001
AND IN EACH YEAR THEREAFTER,WITHOUT REGARD TO ANY SPENDING,
REVENUE-RAISING,OR OTHER LIMITATION CONTAINED WITHIN ARTICLE
X,SECTION 20 OF THE COLORADO INSTITUTION,OR SECTION 29-1-301,
COLORADO REVISED STATUTES,AND WITHOUT LIMITING IN ANY YEAR
THE AMOUNT OF OTHER REVENUES THAI'MAY BE COLLECTED AND
SPEND BY TIIE DISTRICT?
•
Feb-21-01 16:S5 V" 11
•
Section 5. Authorization to Execute Documents. The President.Secretary,and
Designated Election Official shall and they are hereby authorized and directed to take all actions
necessary or appropriate to effectuate the provisions of this Resolution.
Section 6. Severability. Should any part or provision of this Resolution he adjudged
unenforceable or invalid,such judgement shall not affect,impair or invalidate the remaining
provisions of this Resolution,it being the intention that the various provisions hereof are
severable.
Section 7. Repealer. All acts,orders,resolutions,or parts thereof,of the District that
are inconsistent or in conflict with this Resolution are hereby repealed to the extent only of such
inconsistency or conflict,
Section S. Effective Date. The provisions of this Resolution shall take effect
immediately.
ADOPTED AND APPROVED This S`day of September,2000.
President
(SEAL)
ATTESTED:
Secretary
_7
Feb-21-01 16:55
Thereupon,Director Dan Hershman moved the adoption of the foregoing resolution. The
motion to adopt the resolution was duly seconded by Director John Erickson,put to a vote,and
carried on the following recorded vote:
Those voting AYE: fez..
L
:b'ct
Those voting NAY:
Thereupon the President,as Chairman of the meeting,declared the Resolution duly
adopted and the Secretary was directed to enter the Iirregoing proceedings and resolution upon
the minutes of the Board.
Thereupon,after consideration ol'other business before the Board,the meeting was
adjourned.
_x_
eb-2I.-ui 1b:55 P. 13
STATE OF COLORADO
BERTHOUD FIRE PROTECTION DISTRICT )
I,John F.Erickson,Secretary of Berthoud Fire Protection District do hereby certify that
the foregoing pages numbered 2 to 9,inclusive,constitute a true and correct copy ol'that portion
of the record of proceedings of the Board of Directors of said District relating to the adoption of
a resolution relating to the November 7,2000 election,adopted at a Special meeting of the Board
held at 248 Welch Ave.,in Berthoud,Colorado,on Tuesday,the S"day of September,2000,at
the hour of 7:00 P.M.,as recorded in the official record of proceedings of said District kept in my
office;that the proceedings were duly had and taken;that the meeting was duly held;that the
persons therein named were present at said meeting and vote its shown therein;and that a notice
of meeting,in the form herein set firth on page I,was posted at three public places within the
District,and at the office of the Clerk and Recorder of each county in which the District is
located,at least three days prior to the meeting,in accordance with law.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of the
District,this S"day of September,2000.
(SEAL) >7 hilegc(' 's'L)
Secretary
Hello