HomeMy WebLinkAbout910332.tiff RESOLUTION
RE: DECLARING INTENT TO CREATE THE WELD COUNTY ANTELOPE HILLS 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 rested
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 Gefroh Hattman,
Inc. , for a Planned Unit Development (PUD) Plan on April 10, 1991, and as amended
by the Board of County Commissioners on April 12, 1991, was the requirement that
the applicant request the Board of County Commissioners to create a law
enforcement authority in the proposed Antelope Hills Subdivision, 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 Antelope Hills Subdivision, and
WHEREAS, the area to be included within the law enforcement authority is
that area generally known as the "Antelope Hills PUD, " which includes part of the
NW/4 of Section 13, Township 6 North, Range 67 West of the 6th P.M. , Weld County,
Colorado, which is more particularly described in the Planned Unit Development
Zone District plat, which is attached hereto as Exhibit. "A" and recorded at. Book
1297, Reception 82248565, 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 Antelope Hills PUIP 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
WHEREAS, the Board of County Commissioners finds it has jurisdiction
herein.
910312
Page 2
RE: CREATION OF ANTELOPE HILLS LEA
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
Antelope Hills Law Enforcement Authority (hereinafter referred to as Antelope
Hills LEA) . The territory of Antelope Hills LEA shall generally include part of
the NW/4 of Section 13, Township 6 North, Range 67 West of the 6th P.M. , Weld
County, Colorado, and is more particularly described in the Planned Unit
Development Zone District plat, which is attached hereto as Exhibit "A, " and is
recorded at Book 1297, Reception #2248565, 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 tle ex-
officio governing Board of the Antelope Hills 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 Antelope Hills 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 en the
5th day of June, 1991.
BE IT FURTHER RESOLVED that the precinct shall be designated as the entire
Antelope Hills Planned Unit Development, Weld County, Colorado, as described and
recorded at Book 1297, Reception #2248565, of the Weld County Clerk and Recorder,
with a polling place designated by the Weld County Clerk and Recorder.
BE IT FURTHER RESOLVED that the question put forth to the electors it the
election to be held on the 5th day June, 1991, is as follows:
"Should the area known as the Antelope Hills Planned Unit
Development, which is generally located in part of the NW/4 of
Section 13, Township 6 North, Range 67 West of the 6th P.M. , Weld
County, Colorado, be included in a law enforcement authority
pursuant to the Law Enforcement Authority Act of 1969 to be known as
the Antelope Hills Law Enforcement Authority?"
BE IT FURTHER RESOLVED that notice of the election shall be published by
the Clerk to the Board of County Commissioners of Weld County, Colorado, and said
notice shall contain essentially the following information:
"The election precinct shall be the entire Antelope Hills Planned
Unit Development in Weld County, Colorado, as described and recorded
at Book 1297, Reception #2248565, of the records of the Weld County
Clerk and Recorder, and the polling place shall be Lot 1, Antelope
Hills, PUD, 33810 Siasconset Road, Windsor, Colorado 80550, between
the hours of 7:00 a.m. and 7:00 p.m. . The question presented shall
be:
910332
Page 3
RE: CREATION OF ANTELOPE HILLS LEA
'Should the area known as the Antelope Hills Planned
Unit Development, which is generally located in part of
the NW/4 of Section 13, Township 6 North, Range 67 West
of the 6th P.M. , Weld County, Colorado, be included in
a law enforcement authority pursuant to the Law
Enforcement. Authority Act of 1969 to be known as the
Antelope Hills 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 Antelope
Hills 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 6th day of May, A.D. , 1991.
BOARD OF COUNTY COMMISSIONERS
ATTEST: n/// //� WELD COUNTY CO RA
Weld County Clerk to the Board
Gordon c , C rman
Deputy Clerk to the Board-_ Ket edy, Pro-Tem _
APPROVED AS TO FORM: /:l'L11�i.7.rs.�'�/, il`,GJ. �!. �'_.
,onstance L. Harber
r
714, tfCounty Attorney C. W. Kirby
S
/ '
� t� le1,1OT: ..iL_
W. H. Webster
)10332
NOTICE
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 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 N0. 91-23
DATE: May 6, 1991
TIME: 9:00 a.m.
REQUEST: Creation of Weld County Antelope Hills, P.U.D. , Law Enforcement
Authority, encompassing all of the Antelope Hills P.U.D. Zone,
as recorded at Book 1281, Reception 002232573, which lies in
part of the NW/4, Section 13, Township 6 North, Range 67 West of
the 6th F.M. , Weld County, 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 Miller
Deputy Clerk to the Board
DATED: April 10, 1991
PUBLISHED: April 18 and 25, and May 2, 1991, in the New News
},310332
I as//c h -
f�i f'n' Yl�s 1.yL Lh
STATE OF COLORADO )
)s.s.
COUNTY OF WELD )
David B. 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 NtbcsOfirtcAI,E,yat1DN
and has been continously and rriWZ
ihr
uninterruptedly published therein, d.. f EkaYen
during a period of at least l-baa areatlon of me
�{f�,` law Enforcement
fifty-two consecutive weeks prior to A w{R be heldbawaea�
the first m.
yso a.m. ang 7.d P.a
publication of the annexed , ux wt aaY a
notice; that said newspaper is a dam• • Precinct t 4e the
newspaper within the meaning of the eDn a leng inilelthWaa�_nimandr
act of the General Assembly of the Cobra g t aamdr lr,Rec he
State of Colorado,, entitled "An Act No. Mry gWee �sdha7l�iecor�at�rf
to regulate the printing of legal a{nd AtgtelPalllaa7t�a,re ppp %41t
notices and advertisements, " and $aaconxt lmRod• 'wh d8°r, weld
CouatY. ated alafl be:
amendments thereto; that the notice TSlaua""u�area aeaam`ic
of which the annexed is a printed Aatew- nt which In ewerallar
Copy taken from said newspaper, was moEuti171411
it2PTewnahp 6 North,
published in said newspaper, and in e sd P.M.,lorado, bethe regular and entire issue of .lo�tha Law
ever number thereof , Enforcement AuNontypn Hof 19M
y e lilimar;IFinii
foA the y,A Nhpnt Au tY7aee then daloF thv;once a week for .� aalifled to vole in asuccessive weeks; that said notice on In mo ens °i
Colorado and hev�weao�a �e
was so published in said newspaper o< �.�r�who or wnose spouse
proper :and not in an supplement o�`�tasatile real spersonal
thereof „ and that the first t Pro r�Y wfwin Pr°�me
whether a not said
persoq resides within
publication of said notice as authar¢Y whereof I lave
aforesaid, was on the m wdnese
heremw set rn hand and affixed
the seal of the County oEl�l eld,
this 6th day of May�A.
c, O �COMkCIISS/ON RS
1 day of II\ Li , 19 I I
r BYLD DONALD WARDEN
WELD COUNTY CLERK Ti at;
and the last on the oL3 day of RYtA� nr§
pAx� y,and 23,
t,4,9�a I mt Na"
t:Q,...„1/4_4 �,:
� 9' ,,,, :
Subscribed and sw�rn�to before
me this co day of Lrc.. .c ,
19 97.
h4 e",-�y �i.cc. � , .LJ.�c1.4.;c,„_,
Nlv roc,, , D' ...
wily.--, 1 F 1 Yi92
910332
Antelope' Hills, P.U.D.
c/o Gefroh Hattman, Inc.
145 West Swallow
Ft. Collins, CO 80521
Duane Kunkel.
139 Sunflower Drive
Windsor, CO 85050
91a.`
RESOLUTION
LAW ENFORCEMENT AUTHORITY
ANTELOPE HILLS P.U.D.
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, in accordance with CRS, 30-11 -402, the County has the right
to establish authorities that may better assist law enforcement agercie.s
in prevention of crime.
WHEREAS, pursuant to CRS, 30-11 -403, the applicant has controlling
interest in all of the property that is bounded by the Authority anc
notice of final P.U.D. has been properly published and noted that along
with the P.U.D. said district is being established.
WHEREAS, in conformance to CRS 30-11 -405 and CRS 30-11 -411 the Auth-
ority may be expanded to by incorporating other properties that are with-
in close proximity to the Antelope Hills P.U.D. by means of notificetiop
and public election.
WHEREAS, the applicant has a controlling interest in the folloriiny
described property in the County of Weld, Colorado: NW), of Section 13 ,
16N R 67W of the 6th PM, Weld County, Colorado, considering the North
line of the said Northwest 4 as bearing N 88°59'02" E and with all bearings
contained herein relative thereto bears S 00'16' 27" E 1687.64 ft . tc a
point on a line and again S 62'00'50" W 126.00 ft. , and again N 76"h410 " W
138 .38 ft . , and again S 69'29' 14" W 211 .00 ft . , and again N 87'4312h" W
239. 15 ft . , and again S 84°34' 13" W 248.30 ft . and again N 77°18' 10" W
78.56 ft. , and again North I1 °12'00" E 90.52 ft. from the North ccrmai
of said Section 13 and runs S 75°03'00" W 169.34 ft. , thence North ;7° 18' 10"
W 41 .75 ft . , and again N 63°14'25" W 94.25 ft. , and again N 47°38 '4"' W
83.78 ft. , and again N 26°48'57" W 92.66 ft . , and again N 21 °17'08" W
208. 10 ft. , and again N 17°43'02" W 344.63 ft . ; thence N 73'56' 33" I
301 . 10 ft. ; thence along said line N 16°03'27" W 75.28 ff . ; thence H
73°56' 33" E 296.75 ft. ; thence S 12°23'00" W 199.55 ft . ; thence S lh"03 '^.7"
E 196.00 ft. ; thence S 80°16'27" E 109. 12 ft . ; thence S 11 '12 '001 W ,15 08
It. to the point of beginning.
WHEREAS, a final subdivision plat of said property, to be known as
Antelope Hills P.U.D. has been submitted to the County for approval and
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance
and approval of said final plat , the parties hereto promise, covenant and
agree as follows:
I . Affective Date at such time as the improvements for the P.U.D.
have been accepted by the County.
2. Perpetual Existence of the Authority shall be subject to Item 9 be-
low.
3. Law Suit•c may be undertaken by the Authority or the Authority [nay
be sued or be party to suits , actions, or proceedings a; to the
operations and functions of the authority.
4. The Weld County Sheriff' s Department will provide the services and
functions of the Authority.
5. Taxes may be levied by the Authority or the Board of Count / Com-
missioners , but cannot exceed five mills. Should the Authority pro -
pose any increases of the mill levy they must comply with the
requirements of CRS 30-11 -405.
6. The County Commissioners shall serve as or have the authority to
appoint a governing board which will serve at the discreti )n of
the County Commissioners. The Authority Governing Board stall
consist of no fewer than three members and no more than five. Ail
actions before the Board must be approved by a simple majority.
The County Assessor shall by the 15th of September each year, cer-
tify to the Board to the evaluation for assessments of all taxable
property located within the Authority, the current mill levy, the .
projected revenues due the Authority. The Sheriff shal ' also re-
port by the 15th of September of each year his activities Nithin th3
Authority , expenses relating to the Authority and budget fpr the
coming year for the Authority.
0112
910332
7. The Governing Board shall be responsible for setting the mill levy
if it is within set maximum. If the governing board determines
that the levy limit needs to be exceeded, than advertising and
election procedures in accordance to CRS 30-11 -405 and CRS 30-11 -406 5
shall be followed.
8. Debt cannot be incurred. by the Authority.
9. Dissolution of the Authority in part or in whole shall occur at said
time that the property is annexed or incorporated into any other-
governmental entity. If more than 50 percent of the Authority is
annexed or incorporated into any other governing entity, the Author-
ity shall be dissolved by January 1 of the following year or for
taxation purposes until the obligations of the Authority are
satisfied .
10. Payments to the sheriff shall be only for the purpose of law en-
forcement which shall include adminsitration, capita' expenditures ,
and personnel .
11 . Successors and Assigns. This Agreement shall be binding upon the
heirs, executors , personal representatives, successors and assigns
of the Applicant , and upon recording by the County, shall be
deemed a covenant running with the land herein described, and shall
be binding upon the successors in ownership of said land.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year written.
DATE: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk and Recorder
and Clerk to the Board
BY : _
Deputy County Clerk
APPROVED AS TO FORM:
COUNTY ATTORNEY APPLICANT:
DUANE KUNKEL
BY: _ PARTNER
-Fide)
Subscribed and sworn to before me this _ day of , 19
My commission expires: _
Notary Public
APPLICANT: APPLICANT:
JAMES A. GEFROH FREDRIC J. HATTMAN
BY: _ _PARTNER BY: PARTNER
(title) Ttitle)
Subscribed and sworn to before me Subscribed and sworn to before me this
this day of day of •
My commission expires: My commission expires:_ _
Notary Public Notary Public
910332
3
T
!� { t
i•} ;t;•:`.,f:1 isi r IC;i' C. I ord. +h I1Et•-I'i :)_ _ I -.T
is? ••••=1 i.. Of I-' it P17 'T C I:II.1.1 I i INS tit
IA{ ;_ :["ti i`•I i ELI: i . G 1 At;
Pt, a:. F - .
li' 1 '- Eel t ..L•;,!:+ t t .'t.. tCl loot liri
t'+ L { tcite: r.t'I+r Ir. Ir • :+.ti f t „ ::) I tit? t' t s -', tC •-
t or:, t try ? • t tali 7'-'-' t;le t:' tt .{ i:t. to r' ; u i "'i: g
r•1. t: . F ;.r ? t (::; .t"; . , = ii.i ! :I5 I:'. l.i.
- { uric.t,t t: tat et'} t ,_,: t'tr' P I .at. ,s tit---•:t•••") 1 dr..ri .
i t t. t:,l-. tt.=i✓r •••,fiFek. t ) t(tt.t t het k h •1-•=trt' ,..1 , t-
. • ,! : i (.It.ir . (-.a; t ' F BI t_1,.t••t Jim;tEr:•g,t,ll. trt,i . -t(? ... I -- . t .. I ? .
t: .I._•I s• I. .. t t - :•4.• !I• , .
I. irl. .:'t 'F'•t j i r t is P*4.1 r.Ci:! a itt.?.,t • . f ... - • t .
t. :. rt-� i D
04.44.•.4., 9(6441
Hello