HomeMy WebLinkAbout940089.tiff RESOLUTION
RE: DECLARING INTENT TO CREATE THE FORT JUNCTION PUD LAW ENFORCEMENT AUTHORITY
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, Section 30-11-401, et seq. , CRS, the Law Enforcement Authority Act
of 1969, provides the authority to create law enforcement authorities and directs
the procedures for establishment thereof, and
WHEREAS, a condition of the approval of the application by The Villa at
Greeley, Inc. , cio John Coppom, for a Site Specific Development Plan and Planned
Unit Development (PUD) Plan on December 8, 1993, was the requirement that the
applicant request the Board of County Commissioners to create a law enforcement
authority in the Fort Junction PUD, and
WHEREAS, said requirement was intended to insure the provision of more
intensive law enforcement required for a residential development in an
unincorporated area of the County located away from existing municipalities, and
WHEREAS, after discussions between the applicant, the Weld County Sheriff's
Office, the Weld County Attorney's Office, and the Director of Finance, it
appears from the legal and fiscal standpoint that the creation of a law
enforcement authority is necessary and appropriate in order to provide adequate
law enforcement in the Fort Junction PUD, and
WHEREAS, the area to be included within the law enforcement authority is
that area generally known as the "Fort Junction PUD, " which includes a tract of
land located in the SW* of Section 2, Township 2 North, Range 68 West of the 6th
P.M. , Weld County, Colorado, which is more particularly described in the attached
Exhibit "A" and in the Planned Unit Development Zone District plat, and recorded
in Book 1255, Reception 1102205251, dated February 13, 1990, of the records of the
Weld County Clerk and Recorder, excepting all interests in the mineral estate,
and
WHEREAS, use of the Law Enforcement Authority of Fort Junction PUD will
provide more adequate law enforcement for persons residing in developed or
developing unincorporated areas of Weld County, will prevent the crime rate from
rising therein and will better assist police, sheriff, and other law enforcement
agencies in prevention of crime and in the detection and apprehension of criminal
offenders, and
WHEREAS, the procedural requirements of Section 30-11-401, CRS, have been
met, including publication in a newspaper of general circulation in the area of
authority once a week, for at least three consecutive weeks, of notice of the
date, time, and place of the meeting whereby this Board considered the action
contemplated herein, and
940089
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RE: DECLARE INTENT TO CREATE FORT JUNCTION PUD LEA
PAGE 2
WHEREAS, the Board of County Commissioners finds it has jurisdiction
herein.
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of
Weld County, Colorado, hereby declares its intent to create an Authority pursuant
to Section 30-11-401, et seq. , CRS, which shall be known as the Weld County Fort
Junction PUD Law Enforcement Authority (hereinafter referred to as Fort Junction
PUD LEA) . The territory of Fort Junction PUD LEA shall generally include a tract
of land located in the SW'y of Section 2, Township 2 North, Range 68 West of the
6th P.M. , Weld County, Colorado, which is more particularly described in Exhibit
"A", which is attached hereto, and the Planned Unit Development Zone District
plat, which is recorded in Book 1255, Reception #02205251, dated February 13,
1990, of the records of the Weld County Clerk and Recorder, excepting all
interests in the mineral estate.
BE IT FURTHER RESOLVED that the Board of County Commissioners, as the
ex-officio governing Board of the Fort Junction PUD LEA, shall have all such
powers and duties granted or imposed under Section 30-11-401, et seq. , CRS, and
any further powers and duties which may hereinafter be granted and imposed by
statute.
BE IT FURTHER RESOLVED that the Fort Junction PUD LEA shall be deemed
created thirty days following the canvass of votes cast at the election
indicating approval of the creation of the Authority, which election shall be
held on the 29th day of March, 1994.
BE IT FURTHER RESOLVED that the precinct shall be designated as part of the
Fort Junction Planned Unit Development, Weld County, Colorado, as described and
recorded in Book 1255, Reception 1102205251, dated February 13, 1990, of the Weld
County Clerk and Recorder, being more particularly described in the attached
Exhibit "A", with a polling place designated by the Weld County Clerk and
Recorder.
BE IT FURTHER RESOLVED that the question put forth to the electors at the
election to be held on the 29th day March, 1994, is as follows:
"Shall the area known as part of the Fort Junction Planned Unit
Development, which is generally located in part of the SW;- of
Section 2, Township 2 North, Range 68 West of the 6th P.M. , Weld
County, Colorado, known as Fort Junction Planned Unit Development
consisting of approximately 22.24 acres, be included in a law
enforcement authority pursuant to the Law Enforcement Authority Act
of 1969 to be known as the Fort Junction PUD Law Enforcement
Authority?"
BE IT FURTHER RESOLVED that notice of the election shall be published by
the Clerk and Recorder for Weld County, Colorado, and said notice shall contain
essentially the following information:
940089
RE: DECLARE INTENT TO CREATE FORT JUNCTION PUD LEA
PAGE 3
"The polling place shall be the Office of the Weld County Clerk and
Recorder, and the election shall be by mail-ballot election pursuant
to CRS, Section 1-7.5-101, et seq. The question presented shall be:
'Shall the area known as part of the Fort Junction
Planned Unit Development, which is generally located in
part of the SW,' of Section 2, Township 2 North, Range 68
West of the 6th P.M. , Weld County, Colorado, known as
Fort Junction Planned Unit Development consisting of
approximately 22.24 acres, be included in a law
enforcement authority pursuant to the Law Enforcement
Authority Act of 1969 to be known as the Fort Junction
PUD Law Enforcement Authority?'
Persons eligible to vote are persons who, on the date of this
election, are qualified to vote in a general election in the State
of Colorado and have been a resident of the proposed law enforcement
authority or, who or whose spouse owns taxable real or personal
property within the proposed authority, whether or not said person
resides within the authority."
BE IT FURTHER RESOLVED that if a canvass of the votes indicates that a
majority of those electors of the authority voting at said election have voted
in favor of said proposition, such authority shall be approved and the Fort
Junction PUD LEA shall be created, effective thirty days following such canvass.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 31st day of January, A.D. , 1994, effective
date February 14, 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: AC A)/‘L47 WELD COUNTY COLORADO
Weld County Clerk to the Board / �/Cbi' /I
W. Webster, hair an
BY: 64412-,47/0 .2,„di: „IA;Deputy Cler to the Board Dale Hall, PTem
APPROVED S TO FORM: "2 et��yyA C( -t
<� fGeo ge/E. Baxter
•
ounty Attor ey Constance L. Harbert
/chiltIbitAi Ate-
! Barbara J. Kirkm er
940089
EXHIBIT "A"
A tract of land located in the SW! of Section 2, Township 2 North, Range 68 West
of the 6th P.M. , Weld County, Colorado, said tract being a part of Fort Junction
PUD as recorded in Book 1255, Reception #02205251, dated February 13, 1990, of
Weld County records and being more particularly described as follows:
Beginning at the northwest corner of the SW! of said Section 2,
thence S. 89° 35' 48" E. a distance of 65.40 feet along the north
line of the said SWk to the true point of beginning, and with all
other bearings relative thereto;
Thence S. 89° 35' 48" E. , 1, 120.00 feet along the north line of said
SWk; thence S. 75° 55' 48" E. , 132.00 feet; thence S. 01° 23' 56"
W. , 768.92 feet; thence N. 89° 35' 48" W. , 1, 172.94 feet to the east
ROW line of the east Interstate 25 Frontage Road; thence No. 04° 36'
08" W. , 375.23' along said frontage road right-of-way; thence 427.23
feet along the arc of a curve to the right and along said frontage
road right-of-way, said arc being subtended by a chord bearing N.
03° 31' 08" W. , 427.20 feet to the true point of beginning; said
tract containing 22.24 acres more or less; excluding the mineral
interests located therein, also know as Fort Junction Planned Unit
Development Plan, First Filing.
940089
NOTICE OF
WELD COUNTY SPECIAL ELECTION
STATE OF COLORADO )
ss .
COUNTY OF WELD
Notice is hereby given that a Special Election will be held in
the County of Weld on Tuesday, the 29th day of March, 1994 . Such
election will be held in accordance with the provisions of the
Colorado Election Code of 1992 , the Mail Ballot Election Act, the Weld
County Home Rule Charter, and the Colorado Law Enforcement Authority
Act of 1969. Every elector registered as of March 4 , 1994 , shall
receive a ballot along with voter instructions . Voted ballots must
be returned to the Weld County Clerk and Recorder by 7 : 00 P.M. on
March 29, 1994 .
At which election the following question will be submitted to the
registered voters of the County of Weld:
"Shall the area known as part of the Fort Junction Planned
Unit Development, which is generally located in part of the
SW 1/4 of Section 2 , Township 2 North, Range 68 West of the
6th P.M. , Weld County, Colorado, known as Fort Junction
Planned Unit Development consisting of approximately 22 . 24
acres, be included in a law enforcement authority pursuant
to the Law Enforcement Authority Act of 1969 to be known as
the Fort Junction PUD Law Enforcement Authority?"
YES NO
In Witness whereof, I hereunto set my hand and affix the official seal
of the Weld County Clerk' s Office, County of Weld, at the City of
Greeley, State of Colorado, this 14th day of February, 1994 .
MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
PUBLISHED: Week of February 14, 21, & 28 in Windsor Beacon & Longmont Times Call
940089
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RNMENT—COUNTY COUNTY POWERS AND FUNCTIONS § 30-11-401
tcl, and declared to be property, or other property appurtenant thereto, which is devoted or dedicat-
ed to a public utility use or upon which landfill gas abatement or recovery
facilities have been placed in operation and shall be limited to the maximum
tt-4; CR.S.1963, § 36-11-4. reasonable width or area necessary to install, operate, and maintain such
rights-of-way, ingress and egress, and collection and distribution facilities;
baser reserved and accepted (II) Any interest in real property acquired by condemnation pursuant to
aty's reservation of minerals, this paragraph (c) shall terminate upon the completion of use of such real
authority and invalid when property, or any interest therein, for landfill gas operations, and any such
Led by curative or validating - condemnation shall be in the manner provided in part 1 of article 6 of title 38,
:ounty and purchaser in posi-
ed under deed. Farnik v. C.R.S.;
2om'rs of Weld County, 1959,
Coin. 481. (d) To enter into contracts, including intergovernmental contracts, and to
perform all acts necessary to produce, distribute, and market landfill gas;
landfill gas (e) To issue general obligation bonds, after approval of the qualified
;as constitutes a hazard electors of the county, for purposes of financing the exploration, develop-
state, whether such gas ment, production, distribution, and marketing of landfill gas;
ifill operation, and that (f) To issue revenue bonds authorized by action of the board of county
ngerous condition, and commissioners, without the approval of the qualified electors of the county,
will provide a valuable, for purposes of financing the exploration, development, production, distribu-
. In order to diminish [ion, and marketing of landfill gas. Such revenue bonds shall be issued in the
s of counties are hereby manner provided in part 4 of article 35 of title 31, C.R.S., for the issuance of
pment, and production; revenue bonds by municipalities; except that such revenue bonds may be sold
fill gas to any public or I in one or more series at par, or below or above par, at public or private sale,
for any purpose. in such manner and for such price as the county, in its discretion, shall
determine. Such revenue bonds and interest coupons, if any, appurtenant
thereto shall never constitute the debt or indebtedness of the county within
the meaning of any provision or limitation of the state constitution or
statutes, and shall not constitute nor give rise to a pecuniary liability of the
county or a charge against its general credit or taxing powers, and such
revenue bonds and the income therefrom are exempt from taxation, except
11 gas inheritance, estate, and transfer taxes.
30-11-306, counties are (Laws 1980, H.B.1214, § 3.)
ty real property or any Cross References
'ation, production, and Municipal authority relating to landfill gas, sec §§ 31-15-715, 31-15-716.
he exploration, develop-
of landfill gas to any PART 4
LAW ENFORCEMENT AUTHORITIES
an necessary easements
installation of facilities
:xcept that the power of § 30-11-401. Short title
extend to acquisition of This part 4 shall be known and may be cited as the "Law Enforcement
le to a county until the Authority Act of 1969".
such landfill gas for the .
fill gas, and except that (Laws 1969, S.B.15, § 2.)
ormal use of any real,,,,* Prior Compilations: C.R.S.1963, § 36-27-2.
465
4
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§30-11-401 GOVERNMENT—COUNTY K COUNTY POWERS
Library References = consecutive weeks, b
Counties X18, 61. 1 publication, shall int
WESTLAW Topic No. 104. day of the last publi
C.J.S. Counties §§ 41, 100.
the last publication.
§ 30-11-402. Legislative declaration (Laws 1969, S.B.15, § 3
S.B.7, §§ 2, 3, 9.)
It is the intent of the general assembly in the enactment of this part 4 to prior Compilations: C.R.
provide an alternative and additional means to provide law enforcement for
the citizens of this state, especially those residing in developed or developing § 30-11-404. Or€
unincorporated areas of counties, to combat the rising crime rate therein, and (1) The board of c
to better assist police and other law enforcement agencies in the prevention of resolution create an ,
crime and in the detection and apprehension of criminal offenders. authority shall be a
(Laws 1969, S.B.I5, § I; Laws 1971, S.B.7, § 1.)
Prior Compilations: C.R.5.1963, § 36-27-1. (2) No resolution i
by a board of cour
§ 30-11-403. Definitions including the date, tip
publication,
As used in this part 4, unless the context otherwise requires: rd and an t
afforded to persons <
(1) "Area" or "territory" means all areas of land in a county included or (3) The resolution
proposed to be included in a law enforcement authority, which may consist of
all or a portion of the unincorporated area of the county but may not include (a) The name of th
any single tract or parcel of property containing twenty acres or more without county and the word
the written consent of the owner thereof, unless such tract or parcel would be , (b) A general desc
entirely within the boundaries of an area. such certainty to em
(2)(a)(I) An "elector" of an authority means a person who, at the designated property is within th
time or event, is qualified to vote in general elections in this state; and (c) Where applical
(II) Who has been a resident of the authority or the area to be included in ( provided in this part
the authority for not less than thirty-two days; or powers and duties u:
(III) Who or whose spouse owns taxable real or personal property within need be included.
the authority or the area to be included within the authority, whether or not (4) The resolution
said person resides within the authority. thirty days following
(b) A person who is obligated to pay general taxes under a contract to pursuant to section 3
purchase real property within the authority shall be considered an owner (5) On the effectiv
within the meaning of this subsection (2). The ownership of property on stoners shall, ex offi<
which a specific ownership tax is paid pursuant to law shall not qualify a shall exercise the pc
person as an elector. Taxable property shall mean real or personal property "y; resolution.
subject to general ad valorem taxes. (Laws 1969, S.B.15, § 4
(c) Registration pursuant to the general election laws or any other laws Prior Compilations: C.R.:
shall not be required.
(3) "Law enforcement authority", referred to in this pary4 as an "authori- - § 30-11 05. Elei
ty", means a taxing unit which may be created by a county in this state for the (1) The board of c
purpose of providing additional law enforcement by the county sheriff to the i area proposed to be i
residents of the developed or developing unincorporated area of the county. 1 which election shall t
(4) "Publication", when no manner of publication is specified, means publi- after adoption of th
cation once a week for three consecutive weeks in a newspaper of general (2) No authority s
circulation in the area of the authority. It shall not be necessary that P authority shall first
publication be made on the same day of the week in each of the three # authority.
466
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Q:=.4 0089
3RNMENT-COUHTy •
COUNTY POWERS AND FUNCTIONS § 30 1 i-405
consecutive weeks. but not less than fourteen days, excluding the clay of first
publication, shall intervene between the day of the first publication and the
dal, of the last publication, and publication shall be complete on the day of
the last publication.
(Laws 1969, S.B.15, § 3; Laws 1970, 5.13.18, § 17; Laws 1971, S.B.357. 6 4; Laws 1971,
§§ 2, 3, 9.)
tment of this part 4 to prior Compilations: CR5.1963. a 36-27-3.
ie law enforcement for
eveloped or developing § 30-11-404. Organization of authority
crime rate therein, and (1) The board of county commissioners of any county in this state may by
ics in the prevention of resolution create an authority pursuant to the provisions of this part 4, which
nal offenders.
authority shall be a political subdivision of this state.
(2) No resolution creating an authority under this part 4 shall be adopted
by a board of county commissioners unless prior notice of such action,
including the date, time, and place of meeting of said board, shall be made by
publication, and an opportunity to be heard in person or by counsel shall be
requires: afforded to persons desiring to appear.
t a county included or (3) The resolution creating such an authority shall contain the following:
g, which may consist of •
.ty but may not include (a) The name of the proposed district, which shall include the name of the
acres or more without county and the words "law enforcement authority";
ract or parcel would be (b) A general description of the territory included in the authority, with
such certainty to enable a property owner to determine whether or not his
who, at the designated property is within the authority; and
ons in this state; and (c) Where applicable, the specific powers and duties of the authority, as
area to be included in provided in this part 4, but if the authority is authorized to exercise all such
powers and duties under this part 4, only a general statement to this effect
•rsonal property within need be included.
thority, whether or not (4) The resolution creating any such authority shall not take effect until
thirty days following the canvass of votes cast at the election conducted
's under a contract to pursuant to section 30-11-405.
considered an owner (5) On the effective date of such resolution, the board of county commis-
iership of property on sioners shall, ex officio, constitute the governing board of the authority and
aw shall not qualify a shall exercise the powers and duties prescribed in this part 4 and in the
a; or personal property resolution.
(Laws 1969, 5.13.15, § 4: Laws 1971, 5.13.7, § 4.)
iws or any other laws Prior Compilations: C.R.S.1963. § 36-27-:.
part 4 as an "authori- § 30-11-405. Election
inty in this state for the (1) The board of county commissioners shall call a special election in the
to county sheriff to the area proposed to be included in the authority, as described in the resolution,
ted area of the county. which election shall be held not less than thirty nor more than forty-five days
after adoption of the resolution by the board of county commissioners.
specified, means publi-
newspaper of general (2) No authority shall be created unless the proposition to create such
not be necessary that authority shall first be submitted to and approved by the electors of the
in each of the three authority.
467
:N,n
max,c•
GOVERNMENT—COUNTY COUNTY POWERS
§ 30-11-405 s
@ 30-11-406.5. P
(3) Notice of the election shall be by publication and shall contain the i
question to be submitted, the date of the election, the times that the polls shall
place. Designation of election pre- (1) No later than
be open, and the place of each polling certify to each autho
cincts and polling places and election contests shall be pursuant to the Ce ce
of provisions of part 8 of article 1 of title 32, C.R.S. all taxable propert
(4) Said election shall otherwise be conducted, insofar as practicable, as are the mill levy which
general elections. Election judges shall be appointed and compensated by the of the increased valt
hoard of county commissioners, and their powers and duties shall be defined sion of additional 1
and exercised pursuant to the comparable provisions of law governing gener- connected therewith
al elections, except that they shall be appointed without regard to political ble to new construct
affiliation. All costs of such election shall be paid out of the county general authority for the p production for the p
fund. or partially within tl
(5) If a majority of those electors of the authority voting at said election or par all increase
have voted in favor of such proposition, said authority shall be approved and causes an c pre`
the resolution creating the same shall become effective as provided in section taxable if such prop
30-11-404. the authority, will
(Laws 1969, S.B.15, § 5. Repealed and reenacted Laws 1970, S.B.18, § 18. Laws us year. For
1971, S.B.357, §§ 5,7; Laws 1971, S.B.7, §§ 5, 9; Laws 1981, H.B.1320, § 10.) as prethevio vio'certified omi
r
Prior Compilations: C.R.S.1963, § 36-27-5. (2) Any authorit;
certified mill levy i
§ 30-11-406. Powers of law enforcement authority hold a public hear
(1) Each law enforcement authority formed pursuant to this part 4 has the increased mill c levy.
following powers, except as otherwise limited by the resolution creating the excess of such cert
same: public hearing, by
(a) To have perpetual existence; I shall be approved 1
(b) To sue and be sued and be a party to suits, actions, and proceedings; I section.
(c) To enter into contracts and agreements with the sheriff of the county in 6 (3) The governir
authority to exceee
which the authority is located to provide law enforcement services for thelargest circulation
authority, except as otherwise provided in this part 4; the second such ap
(d) To employ such administrative, clerical, and professional employees as
c
t• upon which the pi
may be necessary to carry out the purposes of the authority; less than one-qua
(e) To levy a tax not to exceed five mills for the 1982 property tax year or eighteen-point, an,
seven mills for the 1983 property tax year and each property tax year
thereafter on the taxable property within the area of the authority, for the which legal notice:
,- shall that state suc
payment of the operating expenses of the authority. In any case in which an in the advertisem
authority proposes to impose a mill levy which is the maximum mill levy and explaining th
`
allowable under this paragraph (e) or which is in excess of the certified mill proposed increase
levy computed pursuant to section 30-11-406.5, such authority shall follow tt`. public of its right
a
the procedure set forth in section 30-11-406.5. . budget and the an
(Laws 1969, S.B.15, § 6; Laws 1981, H.B.1613, § 13.)
the current budge
Prior Compilations: C.R.S.1963, § 36-27-6 S,. . set forth the perc
t (4) The public
Library References ;_;';;.general public. e
Counties cs=81. ; , oral testimony wi
wFS. Cou Topic 31. 104. ._r' .?;.conducting the hi
C.J.S. Counties § 131. .E
468
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N Vi; `°-!T-COUIy'1'y COUNTY POWERS AND FUNCTIONS § 30-11 -406.5
fIC contain the • § 30-1h406.5. Procedure for levying property tax—public dtseiosure—
rc -h.r 'he polls shall county assessor's duties
at . election pre.strain to the 1) No later than September 15 of each year, each county ,,=,•r shall
1
certify to each authority within his county the total valuation assessment
of all taxable property located within the territorial limits of the authority and
• as in ugicable, as are the mill levy which when applied to such valuation for assessment, exclusive
d -f.m'pensated by the of the increased valuation for assessment anributable to annexation or inclu-
Iut:cs ,ball be defined sion of additional land, the improvements thereon, and personal property
taw governing gener- connected therewith within the authority for the preceding year, or attributa-
ut '--ward to political ble to new construction and personal property connected therewith within the
of the county general authority for the preceding year, or attributable to increased volume of
production for the preceding year by a producing mine if said mine is wholly
oting at said election or partially within the authority and if such increase in volume of production
cnali be approved and causes an increase in the level of services provided by the authority, or
,,s provided in section attributable to previously legally exempt federal property which becomes
taxable if such property causes an increase in the level of services provided by
'0, S.B.18, § 18. Laws the authority, will raise the same property tax revenue as was raised the
'
H.B.1320, § 10.) previous year. For the purposes of this section, such mill levy shall be known
t as the "certified mill levy".
(2) Any authority which proposes to impose a mill levy in excess of the
' certified mill levy computed pursuant to subsection (1) of this section shall
to this part 4 has the hold a public hearing on such increased mill levy prior to imposing such
2solution creating the increased mill levy. No local government may impose a mill levy which is in
excess of such certified mill levy until a resolution has been approved, at a
public hearing, by the governing board of the authority, which resolution
shall be approved by such board according to the procedure set forth in this
:ins, and proceedings; section.
ieriff of the county in (3) The governing board of the authority shall advertise the intent of the
Went services for the authority to exceed the certified mill levy in the two newspapers having the
largest circulation in the county. Such advertisement shall appear twice, and
!ssional employees as the second such appearance shall not be more than four days prior to the date
ority; upon which the public hearing is to be held- The advertisement shall be no
property tax year or less than one-quarter page in size, shall he in a type of no smaller than
h property tax year eighteen-point, and shall not be placed in that portion of the newspaper in
he authority, for the which legal notices and classified advertisements appear. Such advertisement
any case in which an shall state that such board will hold a public hearing, at a time and place fixed
maximum mill levy in the advertisement, for the purpose of considering an increased miii ins'}
s of the certified mill and explaining the reasons for such increase and shall apprise the general
,uthority shall follow public of its right to attend the hearing and make comments regarding the
proposed increase. The advertisement shall set forth the amount of the
budget and the amount of the property tax revenue for the prior budget year,
the current budget year, and the proposed budget year and, in addition, shall
set forth the percentage increases between such budget years.
(4) The public hearing held pursuant to this section shall be open to the
general public. An opportunity shall be provided for all persons to present
oral testimony within such reasonable time limits as shall be set by the board
conducting the hearing.
469
§ 30-11-406.5 GOVERNMENT—COUNTY COUNTY POWERS
(5) Prior to the conclusion of the public hearing or at a subsequent public (2) Upon the ann
hearing after advertising such hearing as provided in subsection (3) of this area of the territory
section, the governing board of the authority shall determine the mill levy to of the electors and t
be imposed and publicly announce the percent, if any, by which the adopted voting at a special e
mill levy exceeds the certified mill levy computed pursuant to subsection (1) provisions of section
of this section. Prior to the conclusion of the hearing at which such determi. be dissolved effectiv
nation and announcement are made, such board shall adopt a resolution of the authority is
setting such mill levy. The mill levy set in the resolution shall be the mill levy existence for taxatic
which is certified pursuant to section 39-5-128, C.R.S. paid.
(6) If, after the adoption of the resolution pursuant to subsection (5) of this (Laws 1969, S.B.15, § 1
section, changes occur in the valuation for assessment, the governing board of S.B.7, § 6.)
the authority shall make such adjustment in the mill levy set in such resolu- prior Compilations: C.R
tion as is necessary in order to raise the approved amount of revenue.
(Laws 1981, H.B.1613, § 14; Laws 1982, H.B.I089, § 3; Laws 1983, H.B.1580, § 3; § 30-1109. Pa
Laws 1987, H.B.1008, § 3.)
Moneys paid to at
Library References part 4 shall be expe
counties W192. including administn
WESTLAW Topic No. 104.
C.J.S. Counties § 281. entered into as auth
(Laws 1969, S.B.15, §
§ 30-11-407. Short-term loans for new authorities ; Prior Compilations: C.R.
In order to provide funds for a new authority to operate prior to the receipt
of revenues from property taxes, an authority may contract with any person, § 30-11-410. Po
corporation, association, or company for a short-term loan, not to exceed the e
amount necessary for such operation, and such loan shall be fully paid within
twelve months; but subsequent short-term loans may be made in each budget (1) The governing
year in smaller amounts and shall be paid within six months. Such subse- sinners may contract
quent loans shall be scheduled to liquidate the accumulated debt fully in a q enforcement of mun
period not to exceed ten years after the date of the first loan. Interest paid on i the municipality.
such loans shall be exempt from taxation by the state or any political (2) The law enforc
subdivision thereof. law enforcement ag
(Laws 1969, S.B.15, § 7.) enforcement service!
Prior Compilations: C.R.S.1963, § 36-27-7.
(Laws 1971, S.B.7, § 8;
Library References Prior Compilations: C
Counties m=153.
WESTLAW Topic No. 104.
C.J.S. Counties § 222. a § 30-11-411. Inc
An additional area
§ 30-11-408. Detachment dissolution petition of all elects
(1) Upon the effective date of the annexation to any city, town, or city and $2. board of county com
county, or the incorporation of any territory included in an authority, upon such of electors of al
the certification thereof by the clerk of such municipality, the territory so of a law enforcemen
n
annexed or incorporated shall be detached from such authority as of the
effective date thereof, if such be January 1 of any year; otherwise, such (Laws 1971, S.B.7, § 8.
detachment shall take effect on the following January 1, for purposes of prior compilations: c.R.:
general property taxation. Property so detached shall not thereafter be liable
for any portion of the outstanding indebtedness of the authority.
470
lg4�t
sl 's 94,0089
Y ?
.NMENT-COUNTY COUNTY POWERS AND FUNCTIONS § 30-11-411
t a subsequent public - (2) Upon the annexation or incorporation of fifty percent ::r- more of the
ubsection (3) of this area of the territory included in any authority, or upon petition b: ten percent
mine the mill levy to of the electors and the approval of a majority of the electors ,>f the authority
ay which the adopted voting at a special election called for that purpose, pursuant to the applicable
cant to subsection (1) provisions of section 30-11105, any authority formed under this part 4 shall
t which such determi- be dissolved effective the following January 1, except that if any indebtedness
it adopt a resolution of the authority is unpaid and outstanding, the authority shah continue in
shall be the mill levy existence for taxation purposes only until all obligations of the authority are
paid.
subsection (5) of this (Laws 1969, S.B.15, § 8; Laws 1970, S.B.18, § 19; Laws 1971, S.B.357, § o; Laws 1971,
tie governing board of S.B.7, @ 6.)
vy set in such resolu-
Prior Compilations: C.R.S.1963, § 36-27-8.
amount of revenue.
vs 1983, ]LB.1580, § 3; § 30-11-409. Payments to sheriff
Moneys paid to any sheriff for services pursuant to the provisions of this
part 4 shall be expended by the sheriff only for law enforcement purposes,
including administration and capital expenditures, pursuant to agreements
entered into as authorized by this part 4.
(Laws 1969, S.B.15, § 9.)
Prior Compilations: C.R.S.1963, § 36-27-9.
ite prior to the receipt
tract with any person,
§ 30-11-410. Power to contract for provision of law enforcement servic-
oan, not to exceed the
:11 be fully paid within es
made in each budget (1) The governing body of a municipality and the board of county commis-
months. Such subse- sinners may contract for the purpose of providing law enforcement, including
ulated debt fully in a enforcement of municipal ordinances, by the sheriff within the boundaries of
loan. Interest paid on the municipality.
state or any political
(2) The law enforcement authority and the sheriff may contract with other
law enforcement agencies or with municipalities for the provision of law
enforcement services within the unincorporated areas of the county.
(Laws 1971, S.13.7, § 8; Laws 1989, H.B.1342, § 3.)
Prior Compilations: C.R.S.1963, § 36-27-10.
§ 30-11-411. Inclusion of land
An additional area may be included in a law enforcement authority, upon
petition of all electors and landowners in such area, by resolution of the
=ity, town, or city and
in an authority, upon board of county commissioners or by such resolution and a vote of a majority
ality, the territory so of electors of such area in the same manner as provided for the organization
h authority as of the of a law enforcement authority.
/ear; otherwise, such (Laws 1971, S.B.7, § 8.)
y 1, for purposes of
l0[ thereafter be liable Prior Compilations: C.R.S.1963, § 36-27-11.
authority.
471
• .�C Corr
NOT I C E
Pursuant to Section 30-11-401, et seq. , CRS, as amended, 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 this
matter are requested to attend and may be heard.
Should the applicant or 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 so certified by the Weld County Planning
Commission 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: 94-19
DATE: January 31, 1994
TIME: 9:00 a.m.
REQUEST: Creation of Fort Junction PUD Law Enforcement Authority encompassing
a tract of land located in the SWq of Section 2, Township 2 North,
Range 68 West of the 6th P.M. , Weld County, Colorado, said tract
being a part of Fort Junction PUD as recorded in Book 1255,
Reception #02205251, dated February 13, 1990, of Weld County records
and being more particularly described as follows:
Beginning at the northwest corner of the SWd of said Section 2,
thence S. 89° 35' 48" E. a distance of 65.40 feet along the north
line of the said SWI to the true point of beginning, and with all
other bearings relative thereto;
Thence S. 89° 35' 48" E. , 1, 120.00 feet along the north line of said
SW;; thence S. 75° 55' 48" E. , 132.00 feet; thence S. 01° 23' 56"
W. , 768.92 feet; thence N. 89° 35' 48" W. , 1, 172.94 feet to the east
ROW line of the east Interstate 25 Frontage Road; thence No. 04° 36'
08" W. , 375.23' along said frontage road right-of-way; thence 427.23
feet along the arc of a curve to the right and along said frontage
road right-of-way, said arc being subtended by a chord bearing N.
03° 31' 08" W. , 427.20 feet to the true point of beginning; said
tract containing 22.24 acres more or less; excluding the mineral
interests located therein
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: Shelly K. Miller
Deputy Clerk to the Board
DATED: January 3, 1994
PUBLISHED: January 13, 20, and 27, 1994, in the Windsor Beacon
940089
„two,: L;part of Fort
lin „ :an. .`.PUD es
Pursuant to lrieln raecepiiied lg°ek1251, AFFIDAVIT OF PUBLICATION
11.401,et seq..CRS, dated F +e92205213
yes amended, a. dated February t9,
tinting wet be hen M leek of Wild Countyunty STATE OF COLORADO
the Chamber*of Idle Nardi are being more 53
Board of Coral ysmilei i ms's COUNTY OF WELD
Commissioners of IN!
Comb,Colorado,
County Cantabile n9 at the I, ROGER A. LIPKER, d said County of Weld, being duly
Center,9151a1h ( aw im a y sworn,say that I am putter of
First Floor, Greater, la S at„,-Z.,7:3 4a •
Colorado,at the,ttio 1E f tlMtenw of 85.49
sidled. AR wink ellrp of rbM WINDSOR BEACON
any manner inn*. S to said SW 1/4 to
in this manor-:M tFue a weekly newspaper having a general circulation in said
requited b arart9tattl point of
may ttd 10 n9.air �. i County and State, published in the town of WINDSOR, in
tents; Maio
said County and State; and that the notice, of which the
should the eppilara« annexed is a true copy, has been published in said weekly
any hlareeted WV �>
dry eel esterl of a Yentas S.39.es.ia' for , -5 successive weeks, that the notice was
own a er rem ntsbo s t,
1k11101/111�O.OO feet
tfasp published in the regular and entire issue of every number of
record of *5 Mai hence s Of the paper during the period and time of publication, and in
_pmesedir a'in o maw 4M E., 132.00 few the newspaper proper and not in a supplement and that
tp ea a *PK fe0ord Kano S.01°23'10' the first publication of said notice was in said sp�Ni ila s="2 paper bearing
t1Mbe MdMt N N, B2 Mel 4 W., the ate of th
w 9.1, N. aa° 35' 48' W.,.,
MapaYal,M M tins met bew cart' /"_3 day of A.D., 19 `j'1 and the
be ear el n M II0w line or the met' 1a�s publicati aring the ate of the
_1ce Pt s SPiNete25Frontage ,,2% day of A.D., 19 11 and that
..thence No.Or
Msdap, TMreeli i sr or W 375; '. the said WIN SOR BEACON has been published
engaging a court Qitq..m*onaerotilid continuously and uninterruptedly for the period of 5
reporter sib be borne Ollli.of"way; theft consecutive weeks, in said County and State, prior to the
byeran. "Agin. MOM feet along Pio date of first publication of said notice, and the same is a
BE IT ALSO K fare of a curve to eta
text NOIrIl1 are along Bela
that newspaper within the meaning of an Act to regulate printing
owned a t amps
a'earge road righaef. of legal notices and advertisements, approved May 18,
County trot, said arc being 1931, and all prior acts so far as in force.
P M Winded by a Sri
Commission a th //_'
onsadned in the disc g N.9e°3 o 0! / , -
the�k b Mottledef N., point o feet tothe
K fMr Point of beginning;
located In the Connt a, Mftl tract containing
eor ISHER Wile n44 acres more or
County Centennial ieet excluding the �,
Center,915100 4 interests located Su scribed and sworn to before me this day of
Third Floor, 6elelpp p
Colorado. 14,11 se.h y 19 /
`WARD OF COUNTY
DOCKET N0;9411 ...AMISS IONE RS,
,
DATE: January a1 WELD cour4Tv, NOTARY PUBLIC
1994
, CtxDRADo \
BY; DONALD D. My commission expires �- / 7- , / 2 C-
TIME:9:00 am. WARDEN, WELD l�-C pt/ •
REQUEST:C COUNTY CLERK TO
THE BOARD
'Fort Junction POD Law
Enforcement Authority BY; Shelly K.
encompassing a tract of Miler,ebrwra,atilt to
land located In the SW theist
1/4 of Section .
-Township 2 Nero
Range WIWaet at ate h
SW PM.,Wign
Colorado Count,eels tusert9fle.1UPt p t� 'eI
900089
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing
Notice of Hearing, Docket #94-19, was placed in the United States mail, postage
prepaid, addressed to the following property� ,owners.
�
DATED this � day of (. (J , 1994.
Dep� Cler to the Board
NEW CREATIONS MINISTRIES AND
WORLD OUTREACH CENTER CHURCH
737 BROSS
LONGMONT, CO 80501
THE VILLA AT GREELEY, INC.
ATTN: JOHN COPPOM
1750 6TH AVENUE
GREELEY, CO 80631
940089
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