HomeMy WebLinkAbout911970.tiff HEARING CERTIFICATION
DOCKET N0. 91-20
RE: SERVICE PLAN FOR LONGS PEAK WATER DISTRICT
A public hearing was conducted on May 1, 1991, at 10:00 A.M. , with the
following present:
Commissioner Gordon E. Lacy, Chairman
Commissioner George Kennedy, Pro-Tem
Commissioner Constance L. Harbert
Commissioner C. W. Kirby
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Rod Allison
The following business was transacted:
I hereby certify that pursuant to a notice dated April 8, 1991, and duly
published April 11, 18, and 25, 1991, in The New News, a public hearing
was conducted to consider the Service Plan of the proposed Longs Peak
Water District. Lee Morrison, Assistant County Attorney, made this matter
of record. Rod Allison, Planning Department representative, recommended
the Resolution of the Planning Commission and the Planning staff's
recommendation be entered into the record as written, with the exception
of the Condition of Approval concerning the Agreement with the City of
Longmont. Richard Lyons, Attorney, represented the applicant, and stated
they were agreeable to this. Mr. Morrison reviewed the criteria for said
District. Mr. Allison said the Planning staff and the Planning Commission
reviewed the Plan according to the same criteria, and he submitted three
affidavits from Longs Peak Water Association for the record. Mr. Lyons
said these affidavits include financial information, reasons for formation
of the proposed district, and the needs for such a district from an
engineers' standpoint. Mr. Lyons submitted, for the record, an affidavit
from his secretary concerning the mailing of notification postcards. He
said if the Board approves the Service Plan, they will file a petition
with the District Court for a Special Election concerning the formation of
the District and the Board of Directors. Mr. Lyons said the Longs Peak
Water Association has an existing water treatment plant and clarified that
they are not developers. They only want to convert a private association
into a public utility. In reference to the Service Plan, Mr. Lyons
expanded on liability, water quality, the tax-exemption issue, use of
public rights-of-way, parity with governmental entities, long-range water
issues, defined boundaries, financial issues and flexibility, and
governmental attributes. He also spoke on the "Agreement Regarding
Formation of Water District" between the City of Longmont and the Longs
Peak Water Association. He said the Longs Peak Water Association would
have no objections to entering into a similar agreement with the Town of
Mead, if they should annex into Longmont. In conclusion, Mr. Lyons
reviewed the statutory criteria including the sufficient need of the
District, the adequacy of the existing service, and the economic and
financial viability. He also said the Association concurs with the
discretionary criteria as outlined by Mr. Allison. Commissioner Webster
asked what their water source was. Mr. Lyons said primarily the Big
Thompson, with a few shares of the Highland Ditch. He also commented on
the filtration system and said there will not be a rate increase, in
response to Commissioner Webster's question. Chairman Lacy commented on
the fact that an association cannot collect for water, but a public
911970
Page 2
RE: HEARING CERTIFICATION - LONGS PEAK WATER DISTRICT
utility can. He also asked staff if the statement and information
presented concerning the financial status was satisfactory. Mr. Allison
said Don Warden, Finance and Administration Director, reviewed and
approved said information. Mr. Morrison and Mr. Allison said they were
not aware of any requests for exclusion. There was no public testimony
concerning this matter. Commissioner Kirby moved to approve the Service
Plan for Longs Peak Water District and commended staff and the Water Board
for their work on said Plan. Commissioner Webster seconded the motion.
Chairman Lacy asked Commissioner Kirby if his motion included the
recommendation of the Planning staff and the Planning Commission, with the
exception of the Condition of Approval concerning the Agreement with the
City of Longmont. Commissioner Kirby answered in the affirmative, and
Commissioner Webster agreed. The motion carried unanimously.
This Certification was approved on the 6th day of May, 1991.
APPROVED:
ATTEST: LiteM,4414 BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, �ORA
Weld
(CCouuntty�Clerk to the Board
By: `- t u Gordo cy, Cha' an
Deputy C erk to the
Geor a Kenn dy, ?ro- em ;
TAPE 1191-09 & 1191-10
� � 41444"`
Consta ce T .Harbert
DOCKET 1191-20
/71/1,44","
W. Kirby
SD0032 / ai gait / '
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W. Arai
111970
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS � — DAY OF ��C„dam , 199""9;:
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