Loading...
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 1 1241` 921308 l � n�t�? ,_e -�� , Iii r� S 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 2 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 3 Hello