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HomeMy WebLinkAbout901189.tiff RESOLUTION RE: APPROVE FINDINGS CONCERNING CERTIFICATE OF DESIGNATION ISSUED TO EATON LANDFILL/MCMILL, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on November 28 , 1990 , a hearing was held to Show Cause for revocation of the Certificate of Designation issued to Eaton Landfill/McMill, Inc. , and WHEREAS, the issue considered at said hearing was as follows: 1 . Whether or not the facility is in violation of the condition imposed on the extension of time to operate the south area of the landfill to remove tires stored on part of the SEi of Section 21 , Township 7 North, Range 65 West of the 6th P.M. , Weld County, Colorado. WHEREAS, Thomas Hellerich, Attorney, was present to represent Eaton Landfill/McMill, Inc. , and WHEREAS, the Board heard all of the testimony offered concerning this matter and, having been fully informed, did Find that the burden of proof has been met as to violation of the hereinabove mentioned condition inasmuch as no significant progress has been made to comply with the condition o£ removal, and WHEREAS, pursuant to said Findings, the Board deems it advisable that the Certificate of Designation issued to Eaton Landfill/McMill, Inc. , shall be revoked if the operation does not comply with the following condition: 1 . A Performance Guaranty, in the amount of $6 ,000.00 , shall be submitted to the Board of Weld County Commissioners within fifteen days with Weld County as the beneficiary to guaranty removal of the tires by November 28 , 1991 . NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board does hereby Find that Eaton Landfill/McMill, Inc. , holders of the Certificate of Designation, are in violation of the hereinabove mentioned condition to extend operations on the south fill area of the landfill. PL0114 901189 LC' l i eC r Ir>>;I_ Page 2 RE: SHOW CAUSE - EATON LANDFILL/MCMILL, INC. BE IT FURTHER RESOLVED by the Board that Eaton Landfill/MCMill, Inc. , be, and hereby are , granted fifteen days to submit a Performance Guaranty, in the amount of $6 ,000 .00 , to the Board of Weld County Commissioners in order to guaranty removal of the tires by November 28 , 1991 . BE IT FURTHER RESOLVED by the Board that if the condition of the Guaranty is met, the Certificate of Designation will continue in accordance with the Resolution of the Board of November 8 , 1989 . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of November, A.D. , 1990 . P/4/441; BOA OF COUNTY COMMISSIONERS ATTEST: I4EL OiTNTY, CO ORADO Weld County Clerk to the Board Gene R. B�rantner, Chairman BY: �� ��� k. G qe Kennedy, Pro-Te Deputy Berk to the APPROVED AS O FORM: ance L. H ert Gs C.W. Kir Y / t � County Attorney Gord6 . Lagel 901189 HEARING CERTIFICATION DOCKET NO. 90-51 RE: SHOW CAUSE HEARING FOR REVOCATION OF CERTIFICATE OF DESIGNATION - EATON LANDFILL/MCMILL, INC. A public hearing was conducted on November 28, 1990, at 10:00 A.M. , with the following present: Commissioner Gene R. Brantner, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C.W. Kirby Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Health Department representative, Wes Potter Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated October 17, 1990, and duly published November 15, 1990, in The New News, a public hearing was conducted to consider the revocation of the Certificate of Designation issued to Eaton Landfill/McMill, Inc. Lee Morrison, Assistant County Attorney, made this matter of record. Wes Potter, Health Department representative, reviewed the issue of this hearing and stated his concerns. Mr. Potter also reviewed the cost of disposal of the tires based on research done on Tire Mountain. (Change to Tape #90-41) Tom Hellerich, Attorney representing Eaton Landfill/McMill, Inc. , made comments on State regulations which state that if there are less than 10,000 tires stockpiled they do not have to be removed until 1993. Mr. Hellerich subbmitted a proposal of $2,800.00, on behalf of. R.E.C.O.A. , Inc. , for the removal of the tires. Al Miller, representing McMill, Inc. , and R.E.C.O.A. , Inc. , commented on the ownership of the tires by R.E.C.O.A. , Inc. , and the responsibility of moving them. Commissioner Lacy commented on the fact that the existing Certificate of Designation for the landfill expires in April of 1991, and stated that a Certificate of Deposit would allow an extension of time for the tires to be removed. Mr. Hellerich made comments on the proposed Performance Bond with R.E.C.O.A. Commissioner Lacy clarified the Performance Bond would need to be $6,000.00. Mr. Potter made further comments on the amount of the Bond. Don McIrvin, R.E.C.O.A. 's proposed contractor for the tire removal, explained his methods of picking up and recycling the tires. He said he would need six to twelve months to complete this process. Mr. McIrvin answered questions of the Board and Mr. Potter. Mr. Miller commented on a shredding machine currently being used at the landfill. Mr. Morrison questioned whether there was any gravel mining taking place at this site. Mr. Miller answered in the affirmative. Raymond J. Miller, Attorney representing the receiver of said property, made comments concerning the names to be placed on the proposed Bond. Mr. Morrison and Mr. Potter answered questions of the Board. Jeff Krupka, representing the receiver of said property, also commented on the proposed Bond. Mr. Hellerich stated that R.E.C.O.A. 's proposal was for $2,800.00 not $6,000.00, but the twelve-month time period would be agreeable. Mr. Morrison answered questions of the Board concerning State regulations 901189 Page 2 RE: CERTIFICATION - EATON LANDFILL/MCMILL, INC. and terms of the proposed Agreement for removal of the tires. Commissioner Lacy moved not to revoke said Certificate of Designation issued to Eaton Landfill/MCMill, Inc. , therefore allowing the landfill to operate until April of 1991; to extend the time for removal of tires one year from November 28, 1990; and to accept the partial Bond of $2,800.00, with the remaining balance of the $6,000.00 being due within fifteen days, with Weld County and Krupka and Associates being listed as receiver. Commissioner Kirby seconded the motion. Commissioner Kennedy and Kirby commented on the security and the names on the Bond. Commissioner Lacy amended his motion to include if the $6,000.00 Bond is not received within fifteen days, the Certificate of Designation will be revoked and the removal of the tires started. Commissioner Kirby consented to the amendment. Chairman Brantner commented on the possible violation of the gravel permit. The motion carried unanimously. This Certification was approved on the 3rd day of December, 1990. APPROVED: lateen BOARD F COUNTY COMMISSIONERS ATTEST: WELD TY�J COLORADO Weld County Clerk to the Board /( G n R. Brantner,,/Chairman BY: . Deputy 4,,Amerk to the Board George Kennedy, Pro-Tem Constance L. Harber C.W. Kirby Gor n ac TAPE #90-40 DOCKET #90-51 PL0114 901189 -- ATTENDANCE RECORD TODAY' S HEARINGS ARE AS FOLLOWS: November 28, 1990 DOCKET # 90-51 - Eaton Landfill/McMill, Inc. SHOW CAUSE (Revoke Certificate of Designation) DOCKET # DOCKET # PLEASE write or print legibly your name, address and the DOC # (as listed above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING 111 E 1= 1: t re a rOea e. ! et •s- SU . 4 f / iii--0 e2Ltt-�_-- W 64' m t 1 Ct-- \Aid el a, L-1 e?4;4. 64.4-U wt 7_0_4- sc_0-ri,1 kof ., C6/f c,x_%� �/it! 6� � c�.e�.c .�+ €.0 .77 //lilt. / �� Cr-N .' is �,� �e,.l9¢,� / / car -Is 1 qf, Y'Yupke 7 /1 J er ' DISTRICT COURT, COUNTY OF WELD, COLORADO Case No. goo I `I V ORDER FORAPPOINTMENT OF RECEIVER IN THE MATTER OF THE APPLICATION OF W . S . M .T .L . , A COLORADO CORPORATION, AUTHORIZING THE PUBLIC TRUSTEE OF THE COUNTY OF WELD, STATE OF COLORADO, TO SELL CERTAIN REAL PROPERTY UNDER A POWER OF SALE CONTAINED IN A DEED OF TRUST THIS COURT, having reviewed the Verified Complaint and ex parte Verified Motion for Appointment of Receiver filed by Applicant, and the Court being fully advised in the premises, THE COURT FINDS: 1 . This Court has jurisdiction over the subject matter of this action . 2 . The allegations set forth in the Verified Motion for Appointment of Receiver filed by Applicant are true. 3 . Applicant is the holder of a Promissory Note executed by Three Line, Inc. , a Colorado corporation, Donald Gene Miller and Alfred W. Miller , dated December 22 , 1989 , in the original principal amount of $85 , 100 . 00 (the "Note" ) . 4 . The Note is secured by a Deed of Trust containing an assignment of rents, issues and profits clause and an ex parte receiver's clause (the "Deed of Trust" ) , which encumbers the below described real property situate in the County of Weld, State of Colorado: See Exhibit "A" attached (the "Property" ) . 5 . The Deed of Trust provides for the appointment of a ,_, Receiver upon ex parte application of Applicant and without further notice to Krupka upon default in any covenant or agreement in the Deed of Trust. The debtors are in default under G t r,3 1, Note and Deed of Trust. G . The debtors have defaulted under the Note and Deed of Trust by failing to make payments required thereunder, including specifically, all installments due after August 15, 1990 . 7 . The Property and its rents, issues, profits, income and revenues are in danger of being materially injured and impaired, reduced in value, or lost, and there is a danger of waste being committed to the Property if a Receiver is not appointed. f), ,7 "71 r" :yr 8 . Janet Brophy is a suitable person to be appointed as Receiver for the Property. IT IS THEREFORE ORDERED: 1 . Janet Brophy is hereby appointed as Receiver for the Property, and she shall forthwith take physical possession of, manage, operate and protect the Property. 2 . The Receiver shall have all the powers and authority usually held by receivers and reasonably necessary to accomplish the purposes herein stated, including, but not limited to, the following powers which may be executed by the Receiver without further order of this Court: (a) To take charge of the Property, its rents, issues, profits, income, and revenues, and any and all personal property used or associated therewith that may be necessary or useful to the Receiver in his operation, completion and disposition of the Property ( all collectively , with the Property, hereinafter sometimes referred to as the "Receivership Property" ) ; (b ) To maintain , repair, protect and insure the Receivership Property; (c) To collect in timely fashion any rents , issues, 'ae profits, income, and revenues and payments now due, or accrued prior to this Receivership, and rents, issues , profits, income, and revenues hereafter coming due from purchasers of the Receivership Property or portions thereof , including sale of gravel ; to collect any issues , profits , revenues or income derived from the operation of the Receivership Property; (d) To deposit in the name of the Receiver all sums received by the Receiver in financial institutions insured by the federal government and to maintain such bank accounts as may be reasonable or necessary in the management of the Property; (e) To account to the Court for all sums received and expenditures made, and file periodic reports with this Court from time to time, not less often than every six months ; ( f ) To maintain and repair the Property and improvements on the Property in the event the Receiver determines that such maintenance and repair is appropriate; • (g) To issue Receiver' s Certificates , in the aggregate not to exceed $100, 000 . 00 without further approval of this Court, in the form attached hereto as Exhibit A, and by this reference made a part hereof , in exchange for funds advanced by third parties or Applicant during the term of the receivership, which Receiver' s Certificates shall bear interest at the rate of 368 and which Receiver' s Certificates shall be a lien and security interest of the same priority as the Deed of Trust and a preference claim upon the Receivership Property; / ) N r (h) with the prior approval of the Applicant, to enter into, ratify, confirm or renegotiate leases , contracts or other agreements relating to the operation and leasing of the ' Receivership Property, and to terminate any such leases , contracts or other agreements; (i) To commence such actions as may be necessary in her name as Receiver to pursue and collect delinquent payments and other amounts which may be owed by customer accounts or former customers of the Receivership Property, accrued as of this date or hereafter accruing and, if the Receiver so elects, to be added or substituted as plaintiff in any such actions already commenced; ( j ) To apply the rents, issues , profits, income, and revenue from the Property to the expenses of this Receivership, to the expenses incurred in the continued operation of the Property and the maintenance and preservation thereof, including, without limitation, the costs o£ insuring the Property and any improvements thereon, paying the taxes thereon, maintaining and repairing the Property and making payments of principal , interest, and other sums which may be due upon encumbrances which have priority to the lien for the Deed of Trust, and to retain any surplus in a separate account to be applied at the expiration of the redemption period or at the time of redemption as directed by the Court to the balance of the indebtedness secured by the Deed and for such other disbursement as the Court may direct and order; (k) To notify any and all insurers under insurance policies affecting the Receivership Property of the pendency of these proceedings, and that, subject to the prior rights of any party holding a lien or security interest encumbering the Receivership Property, any proceeds paid under any such insurance policies shall be paid to the Receiver until such time as the said insurance carriers are advised to the contrary by this Court or until they receive a certificate issued by the Clerk of this Court evidencing the dismissal of this action; to collect the proceeds under any insurance policy relating to the Property and to collect any condemnation award pertaining to the Property; (1) With the prior approval of the Applicant, to enter into contracts with third parties to accomplish any of the purposes of the Receivership, including, but not limited to, one or more contracts for professional advisors, i-ncluding legal counsel, management consultants , architects and engineers , relating to the management , operations , and leasing of the Property, including contracts with firms owned or controlled by the Receiver, or with which Receiver is associated; and Receiver is expressly authorized to retain Krupka and Associates , a Colorado General Partnership, 1115 Grant Street, No. 308 , Denver, Colorado 80203 , to act as the property manager; • • 3 �fq",k I _Cr � U_Alr, I I_I C li Ili h,ri1 II = Ff� llll_ND ,1 MILLER' AI OPNEI _ . F (m) To receive compensation for her services in an amount equal to ten percent ( 10%) of the monthly gross receipts from the Property. Compensation for Rrupka and Associates shall be paid directly from the Receiver' s compensation; (n) With the prior approval of the Applicant, to obtain building permits; and (o) To do any and all acts necessary, convenient or incidental to the foregoing. 3. The Receiver shall execute and file an appropriate oath evidencing her obligations under this Order. 4 . The Receiver shall enter upon and file a bond of good and sufficient surety to be approved by the C].erk of the Court in the sum of $ 12OryTha" , conditioned upon the faithful performance of her duties and a proper accounting of. all Receivership Property. 5 Three Line, Inc. , a Colorado corporation, Donald Gene Miller and Alfred W . Miller , their officers , directors , employees , agents , and contractors , are ordered to deliver immediately to the Receiver or her agents all of the Receivership Property now in its or their possession, custody or control or received after the date of this Order, endorsed to the Receiver where necessary , to continue to deliver immediately to the Receiver any such property received at any time in the future, and to permit her to carry out her duties hereunder without interference. 6 . Nothing herein contained shall be construed as interfering with or invalidating any lawful lien or claim .by any person or entity. 7 . The costs of this Receivership in excess of the income from the Receivership Property received by the Receiver. , shall be taxed as additional costs in this action by the Public Trustee for the County of Weld or this Court in the event that the defaults under the Note and Deed of Trust are subsequently cured or if the Property is redeemed as provided by law. 8 . The Receiver shall file an inventory of the Property of • the Receivership within thirty (30 ) days from the date of this Order. 9 . The Receiver shall continue in possession of the Receivership Property during the period of redemption after a foreclosure sale and until such time as this Court orders the Receiver' s discharge. 4 aafi e 4 F T'MOND J M I LLE9 ri' .PNE , DATED this -:-;1"4-day of j1t_���r.,f , 3990. i BY THE COURT: OCT 3 ! 1990 \ N -� - - , ^ - r . 1 boil1 ,�_ �-7-4)L_L� • -=• ] DISTRICT COURT JUDGE : ..t..,'Ad_y._' -i--,�i ..)4)4'e_/-1.._ , 5 ' 90-11-28 08 41 3081 88_ 61 0638 RAYMOND J MILLET rtT?OFNEr' 002 F02 p: B 1252 REG 02201424 12/29! 89 15 : 12 ?25 . 00 5 / 005 F 1016 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" • • A tract of land located in the Southeast Quarter (SE1/4) of Section Twenty-one (21) , Taanship Seven (7) North, Range Sixty-five (65) West of the 6th P.M., Coitty of Weld, State of Colorado, being apart of Lot e of Recorded Exemption no. 0709-21-4-RE 625, as ' recorded August 16, 1983 in Book 1004 under Reception no. 1.937179, Weld County Records, and being more particularly described as follcros. CuRnencing at the Southeast Corner (SE Cor) of said Section 21 and considering the South Line of said Section 21 to bear North 89° 46 ' 32" West, with all other bearings contained herein being relative thereto; thence North 89° 46' 32" West, 1173.69 feet along said South Line to the True Point of Beginning; thence North 89° 46' 32" West, 1228.53 feet; thence North 00° 42' 25" East, 1825.20 feet; thence South 89° 34 ' 43" East, 1102.29 feet along an existing fence line: thence South 05° 40' 00" East, 49.22 feet; thence South 89° CO' 00" East, 282.75 feet; thence South 06° 10' 50" East, 239.95 feet; thence South 06° 27 ' 46" East, 688,78 feet; thence South 85° 22' 14" West, 128.28 feet; • thence South 10° 57 ' 17" West, 850.25 feet to the True Point of Beginning, � 9 • fi 4A fi t?. Proposal To Remove Tires I, Don McIrvin, do hereby propose to remove approximately 7,000 junk tires from R.E.C.0.A. Inc. , 20751 WCR 78, Eaton, CO for the price o£ 400 each, or a total of $2,800.00. Any tires over and above the estimated 7,000 junk tires (estimated to be 1 ,000) are to be mine for the taking to be disposed of by; me at my discretion. This offer is good for a period of 30 days from November 19, 1990. ScL"v‘- Don McIrvin of •,44' 4 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the matter are requested to attend and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 90-51 Eaton Landfill/McMill, Inc. c/o Thomas Hellerich 630 Greeley National Plaza Greeley, Colorado 80631 DATE: November 28, 1990 TIME: 10:00 A.M. REQUEST: Hearing to SHOW CAUSE for revocation of Certificate of Designation, issued to Eaton Landfill/McMill, Inc. LEGAL DESCRIPTION: Part of the SEI of Section 21, Township 7 North, Range 65 West of the 6th P.M. , Weld County, Colorado ISSUES: 1. Whether or not the facility is in violation of the condition imposed on the extension of time to operate the south area of the landfill to remove tires stored on part of the SEI of Section 21, Township 7 North, Range 65 West of the 6th P.M. , Weld County, Colorado. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly Miller, Deputy DATED: October 17, 1990 PUBLISHED: November 15, 1990, in The New News STATE OF COLORADO ) )s.s. COUNTY OF WELD ) David H. Reynolds, being duly sworn, says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County Noma and has been continously and Pernuantbo uninterruptedly d *°"�8 Lwe due P Y published therein, �y�°me peg during a period of at least w e ]ne d a fifty-two consecutive weeks prior to the first publication of the annexed Puioor, Gnosis, i kat kmaid e ' notice; that said newspaper is a nrenmi newspaper within the meaning of the S�1�iwBly eakd b al�y�rnay act of the General Assembly of the metedr°g=rac r - �° State of Colorado, entitled "An Act a�iu°rn��e�etfin to regulate the printing of legal w be t / the notices and advertisements, " and Xriffitiouingielle ■ amendments thereto; that the notice of which the annexed is a printed aliggatbe ME rr ainie Pe,D, er textandgcopy taken from said newspaper, was °'athatthe published in said newspaper, and in located thlt w the regular and entire issue of L commiuntap°em every number thereof , f anighlii once a week for :sown�'°' '°°_ successive weeks; that said notice °0p s'jen to SNOW t of was so published in said newspaper a proper and not in any supplementint AL ° thereof , and that the first 11 vD 7=71;2,0„.„d publication of said notice as Pe ° ees Mara, aforesaid, was on the ��1° Wia� a e' cerot°n a opera � 1 c south areaa bins stored on 18ntW �1� day of I V PO , 19 l b , �+d section 21 or the and the last on the IS day of AlenColorado rem LLST3 (711—. � ALTAIeDATED:h TI,fnThe... rJeWDNCO tlnbereIb. 19Bi,_ —_ __.______ _ Subscribed and sworn to before me this ait4day of 4.4-0,1u412.4-, , 19 9rr . La 2. Cdi_OC )a i 2 or. . ^ •1 P 387 471 483 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOP INTERNATIONAL MAIL EATON LANDFILL/MCMILL, INC, C/0 THOMAS HELLERICH 630 GREELEY NATIONAL PLAZA GREELEY, CO 80631 Postage S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered a Return Receipt showing to whom. Date. and Address of Delivery d TOTAL Postage and Feeso 5 0 Postmark or Date co xn LL /0/ 3 0 /cio • 3 and 4.: Complete items 1 end 2 when additional services are desired, and complete items 3 and 4. Put your address in the"RETURN TO"Space on the reverse side. Failure to do this will prevent this card from being returned to you.The return recei t fee will rovide ou the name of the erson delivered to and the d to of deliver . For ad Mona ees t e o owing services are avai a e. onsu t postmaster or ees an ec ox es or additional service(s)requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number p EATON LANDFILL/MCMILL, INC. 83 C/0 THOMAS HELLERICH Type of Service: 630 GREELEY NATIONAL PLAZA LJ Expre O Registered ❑ Insured GREELEY, CO 80631 Expre s ❑ COD ss Mail ❑ Return Race'. for Merchan•_. • _ Always obtain signature of addressee -- — - or agent and DATE DELIVERED. 8. Addressee's Address (ONLY if i.. ��$��{/q� requested and fee paid) ��"�i •�_r_ _ 7. Date o- Delivery N, 0/ OF PS Form $: � r ��.°� pr. '.9 *U.S.G.P.O.1989.238-815 DOMESTIC RETURN RECEIPT 1 1 lir .s w. P .. • � ( 4EI "e • 4 Y t' .1 w j Y < i T ..._ `.. .R ,SI) • l r. ~' i. or. Er' L r 27 'f N• r �Y w T: it n.,h. 1 FT Ai? I r,r Hello