HomeMy WebLinkAbout921308.tiff DISTRICT COURT, WELD COUNTY, STATE OF COLORADO
CASE NO. 13398
PETITION FOR DISSOLUTION
IN THE MATTER OF THE DISSOLUTION OF THE MEAD SANITATION DISTRICT,
WELD COUNTY, COLORADO, BY ITS BOARD OF DIRECTORS,
Petitioner.
COMES NOW the Petitioner, the Board of Directors ("Board")
of the Mead Sanitation District, Weld County, Colorado, and
pursuant to S 32-1-701 et seq. , C.R.S. 1973, as amended,
petitions for the dissolution of the District. As grounds
therefore, Petitioner states and alleges as follows:
1. That, on March 9, 1992, the District Board meet in
special session called for the purpose of authorizing this
petition for dissolution of the District.
2. That, pursuant to $ 32-1-701 (1) , C.R.S. 1973, as
amended, the Board is taking the necessary steps to dissolve the
District.
3 . That, the majority of all the members of the Board deem
it to be in the best interest of the District that the District
be dissolved, as evidenced by the Resolution authorizing this
petition for dissolution, attached hereto as "Exhibit A. "
4. That, the District lies wholly within the corporate
limits of the Town of Mead, Colorado, as evidenced by the map of
the District and the Town of Mead attached hereto as "Exhibit B. "
5. That, the District has no financial obligations or
outstanding bonds, as evidenced by the certification attached
hereto as "Exhibit C. "
6. That, the most current financial statement of the
District is attached hereto as "Exhibit D. "
7. That, the Town of Mead consents to the dissolution of
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the District pursuant to the "Agreement for Assumption of
Services, Plan for Disposition of Assets, and Plan for
Dissolution" dated July 23, 1992, and attached hereto as "Exhibit
E. "
8. That, the above stated Agreement contains a plan for
the final disposition of the assets of the District and for
payment of the monthly operation expenses of the District until
the dissolution date set by the Court.
9. That, the existing District Board shall not continue in
office beyond the date of dissolution.
WHEREFORE, the District Board respectfully requests this
Honorable Court to enter an order pursuant to S 32-1-704 (3) (b) ,
C.R.S. 1973, as amended, dissolving the District pursuant to S
32-1-707, C.R.S. 1973, as amended, without an election; and
THAT, said order of dissolution shall state that the
District has no financial obligations or outstanding bonds; and
THAT, said order of dissolution shall incorporate the
applicable service provisions of the plan for dissolution entered
into pursuant to S 32-1-704 (3) , C.R.S. 1973, as amended, between
the District and the Town of Mead; and
THAT, in accordance with S 32-1-707 (2) (c) , C.R.S. 1973, as
amended, the Board of Trustees of the Town of Mead be ordered to
serve as the board of the special district to perform the duties
specified in § 32-1-707, C.R.S. 1973 , as amended; and
THAT, the order of dissolution shall be final and conclusive
against all persons; except that an action may be instituted by
the State of Colorado in the nature of quo warranto commenced
within thirty days after the order of dissolution. The
dissolution of said District shall not be directly or
collaterally questioned in any suit, action, or proceeding except
as expressly authorized in S 32-1-707, C.R.S. 1973 , as amended;
and
THAT, a certified copy of the order of dissolution shall be
filed with the Weld County Clerk and Recorder and with the
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Colorado State Division of Local Government by the Clerk of the
Court. The costs of such filing shall be paid with remaining
funds of the District.
Respectfully submitted this 3O day of O0 / o rY
1992
SAXTON, SHIVELY, STROMMEN & HOLST
By
Bri of , f 169
353 Mai treet
P.O. B 795
Longm t, CO
(303 776-6911
Attorney for the Mead
Sanitation District
Address of Petitioner:
Mead Sanitation District
P.O. Box 366
Mead, CO 80542
CERTIFICATE OF MAILING
I hereby certify that a true copy of the foregoing PETITION FOR
DISSOLUTION was placed in the U. S. Mail, first class postage
prepaid, this /(o day of rl c") c , 1992,
addressed to:
Town of Mead
P.O. Box 626
Mead, CO 80542
Board of County Commissioners
Weld County
915 10th Street
Greeley, CO 80632
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