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Home My WebLink About941353.tiff D _ Ti 1-9 19 R'1 9: 29 DISTRICT COURT, WELD COUNTY, COLORADO CLEErC Case No. TO T!? EG. D PETITION FOR ORDER AND CERTIFICATION OF DISSOLUTION OF SPECIAL DISTRICT - IN RE THE MATTER OF HIGHLAND HILLS SANITATION DISTRICT COMES NOW the Colorado Department of Local Affairs, Divi- sion of Local Government ("the Division" ) by and through their attorney, the Colorado Attorney General, and petitions this Court for an order certifying the Division' s Declaration of Dissolution of the Highland Hills Sanitation District . As grounds for this petition the Division states : 1 . The Highland Hills Sanitation District is a quasi-mu- nicipal corporation and political subdivision organized pursuant to the provisions of article 1 of title 32, C.R.S. (1986) . 2 . Colorado law requires that title 32 special districts file a certified copy of its annual budget in the Office of the Division of Local Government in the Department of Local Affairs [§ 29-1-113 , C.R. S. (1993 Supp. ) ] , hold or properly cancel elec- tions [5 32-1-801 to 835, C.R.S . (1993 Supp. ) ] , and conduct an annual audit or receive an exemption therefrom [5 29-1-603 , C.R.S. (1993 Supp. ) ] . 3 . The Division has not received a copy of the Highland Hills Sanitation District ' s budget for the past 2 consecutive years nor has the Division received a certification of the spe- cial district ' s election results from the most recent regular election, and has not received a copy of the Districts annual au- dit . 4 . Pursuant to § 32-1-710, C.R.S . (1993 Supp. ) , the Di- vision notified the special district, by certified mail , receipt number P806 372 998 of the Division' s intent to certify the spe- cial district dissolved. 5 . More than 30 days has passed since the Division, pur- suant to § 32-1-710 (1) , C.R.S. (1993 Supp. ) , notified the special district of its intent to certify the special district dissolved and the special district has failed to demonstrate that it has performed or will proceed to perform its statutory responsibili- 941353 b41'„c, 1414 C1 I ec: lit; Pt ; 430 de 61-9-4-s.61-) Ci9(6-1 -) ties. A copy of the Notice, together with a copy of the Certi- ' fied Mail receipt are attached hereto and incorporated by refer- ence as Exhibits A and B, respectively. 6 . The Division has declared the Highland Hills Sanita- tion District dissolved (Declaration of Dissolution attached) . 7 . This Petition and the attached Declaration were sent, by first class mail, to all parties listed on the attached Cer- tificate of Service. The Division respectfully petitions the Court for certifi- cation of the dissolution of the Highland Hills Sanitation Dis- trict and for an Order disposing of any of the assets of the spe- cial district in accordance with § 32-1-708, C.R.S. (1993 Supp. ) . GALE A. NORTON Attorney General STEPHEN K. ERKENBRACK Chief Deputy Attorney General TIMOTHY M. TYMKOVICH Solicitor General MAURICE G. KNAIZER Deputy Attorney General taere= ;;Ve ec-v URIE ROTTERSMAN, 11910* Assistant Attorney General General Legal Services Section Attorneys for State of Colorado 1525 Sherman Street, 5th Floor Denver, Colorado 80203 Telephone: (303) 866-5227 FAX: (303) 866-5691 *Counsel of Record AG Alpha No. LO LG FBMBQ AG File No. DLS9403318 . 1JE -2- STATE OF COLORADO DIVISION OF LOCAL GOVERNMENT Department of Local Affairs oF wto� Harold A. Knott,Director tmee t April 19, 1994 **ins* Glen Bechtholdt Roy Romer Governor Highland Hills Sanitation District Larry Kallenberger 5002 West 20th Street Executive Director Greeley, CO 80634-4946 Dear Mr. Bechtholdt: The Division of Local Government is hereby notifying you of its intent to certify the Highland Hills Sanitation District dissolved, pursuant to §32-1-710, Colorado Revised Statutes, for the following reason(s): ► The District failed to hold or properly cancel an election pursuant to Article 1, Title 32, C.R.S.; • The District has failed to adopt a budget, pursuant to §29-1-108, C.R.S., for two consecutive years; The District has failed to comply with Part 6 of Article 1 of Title 29, C.R.S. (the Local Government Audit Law), for two consecutive years; • The District has not provided or attempted to provide any of the services or facilities for which the District was organized for two consecutive years; and the District has no outstanding financial obligations. The Division will declare the District dissolved if,within thirty days of the receipt of this notice, the District has failed to demonstrate to the Division that the District has performed such statutory or service responsibility or will proceed to perform such responsibilities within a time period agreed to by the Division and the District. The District's failure to hold or properly cancel an election, if no board has been appointed pursuant to §32-1-905(2.5), and if there will be no interruption of services being provided by the District, shall be presumed to mean that the District has failed to demonstrate to the Division that it has performed its statutory or service responsibility or will proceed to perform such responsibilities. If you have any questions, please contact me immediately. Sincerely, CYCLe....ori:40tai Lucia Smead Administrative Program Specialist cc: Office of the State Auditor Don Sandoval, DoLA Field Representative Weld County Clerk and Recorder Weld County Assessor Board of Weld County Commissioners F' Fug uiT A s"r ievair LT•lt 1rr•C ilfl'Lr�� • SENDER: Complete-:tams 1 and 2 when additional_qe icesare desired,.d complete items .i<'.,i(c,c-: `<c.'- Put i 3 u your address 'URN TO"Space on the rceyerye side,. enure to do thi. ) prevent this card i Put grecurin the': e name `f lthe date o returned you.The al t receipt fee wA earyde•Yo et available. Consultrp.. dal ve asterr forofees i the date k bodes)for additional additional s fees the equesiedg: •-- p. .t' and ch Sh bozos)hor lre ,date s) ddres requested: •e''='t C • 1 ' 1. O Show to whom delivered, charge)and addressee's address. 2. O (Extraccharge)livery 4. Article Number 3. Article Addressed to: ;p .8.� 3920 9,98 Glen Bechtholdt Highland Hills Sanitation Dist. �e f Sev O Insured Service:R5002 West 20th Street ®Certified 0 COD Greeley, Colorado 80634-4946 Retum Recei t ❑ Express Mail 0 for Merchandise Always obtain signature of addressee or agent and DATE DELIVERED.. 5. S ore ddress ., 8. Addressee's Address (ONLY if requested and fee paid) X 6. Signature —Agent X 7. Date of Delivery 4-0262.9 - PS Form 3811, Apr. 1989 .as.o.P.o.teeszase15 DOMESTIC IEtURN RECEIPT i PS Form 3800.June 1990 • ' 4 e Psi' E 8E a jxg a y8 o tit' TT a . �_ ": g9 aoYtoO act e inn $ u i rD .- N ;:/ii 7• o 1. e F o- Y i§ Ro I N N £ to !_ m- t `G .a . rb NO O n £y o +i m Y R N 7 m 2, ° r za _ n e c) rt moc �: ' ,=6 0 O 7 O 0 2 2 f0 IL a co to , m o a n' ti 3 O R in () (U p\ rt 7 O ' S w N N m _ at r d R d_° T -D .L E• n .N d rn 3 • m F Y I-I 14Z I I .1--' DISTRICT COURT, WELD COUNTY, COLORADO Case No. DECLARATION OF DISSOLUTION IN RE THE MATTER OF HIGHLAND HILLS SANITATION DISTRICT The Colorado Department of Local Affairs, acting through the Division of Local Government ("the Division" ) , and the Direc- tor of Local Government ( "the Director") , pursuant to § 32-1-710, C.R.S. (1993 Supp. ) declare as follows: 1. Highland Hills Sanitation District ("the District" ) is a quasi-municipal corporation and political subdivision organ- ized pursuant to the provisions of article 1 of title 32, C.R.S. (1986) , "Special District Act . " 2 . Colorado law requires that Title 32 Special Districts file a certified copy of their annual budget in the Office of the Division of Local Government in the Department of Local Affairs [§ 29-1-113 , C.R.S. (1993 Supp. ) ) , hold or properly cancel elec- tions [§§ 32-1-801 to 835, C.R. S. (1993 Supp. ) ] , and conduct an annual audit [§ 29-1-603, C.R.S. (1993 Supp. ) ] . 3 . The Division has not received a copy of Highland Hills Sanitation District' s budget for the past 2 consecutive years, nor has the Division received a certification of the spe- cial district ' s election results for the most recent regular election. Upon information received from the State Auditor, the District has not conducted an annual audit and has not been ex- empted therefrom. 4 . The Division notified the District by certified mail, return receipt No. P 806 372 998 of the Division' s intent to cer- tify the District dissolved. 5 . More than 30 days has passed since the Division noti- fied the District of its intent to certify the District dissolved in which time the District has failed to demonstrate to the Divi- sion that the District has performed or will proceed to perform its statutory responsibilities . 6 . Based upon the information available, the Director - - - believes that the District has no outstanding financial obli- gations. 7. Upon information and belief, there will be no inter- ruption of services being provided by the District, or the Dis- trict is not currently providing services. 8 . There is a presumption that the District has failed to perform and will not perform its statutory or service respon- sibilities. Pursuant to the authority of the Division of Local Govern- ment to dissolve special districts by administrative action [§ 32-1-710, C.R.S. (1993 Supp. ) ] , the Division hereby declares Highland Hills Sanitation District to be dissolved. The Division hereby requests that the Colorado Attorney General file a Petition for Order and Certification of Dissolu- tion of Highland Hills Sanitation District with the District Court, Weld County, Colorado, and that the Court enter an Order and Certification of Dissolution if the court determines the Dis- trict to be inactive, as required by law. S> 4 - - HAROLD A. KNOTT Director Division of Local Government Colorado Department of Local Affairs AG Alpha No. LO LG FBMBQ AG File No. DLS9403318 . 2JE -2- • CERTIFICATE OF SERVICE This is to certify that I have duly served the within PETI- TION FOR ORDER AND CERTIFICATION OF DISSOLUTION OF SPECIAL DIS- TRICT upon all parties herein by depositing copies of same in the United States mail, postage prepaid, at Denver, Colorado, this 1-5-- S£premae t 16 day of Auguot 1994, addressed as follows : Glen D. Bechtholdt Highland Hills Sanitation District 5002 West 20th Street Greeley, CO 80634-4946 Mary Ann Feuerstein Weld County Clerk and Recorder P.O. Box 459 Greeley, CO 80632 Warren LaSell Weld County Assessor 1400 North 17th Avenue Greeley, CO Bill Webster, Chairman Board of County Commissioners Weld County P.O. Box 758 Greeley, CO 80632 11 AG File No. BLS9403318 . 1C Hello