HomeMy WebLinkAbout20231256.tiffCOMMENTS REGARDING THE "NOTICE OF
INTENT TO UNDERTAKE CERTAIN
ACTIONS [OF THE] BEEBE DRAW FARMS
METROPOLITAN DISTRICT NO. 1 AND
BEEBE DRAW FARMS METROPOLITAN
DISTRICT NO. 2 IN WELD COUNTY,
COLORADO," MUST BE RECEIVED BY THE
WELD COUNTY CLERK TO THE BOARD NO
LATER THAN 5:00 P.M. ON MONDAY, MAY
20, 2023.
WELD COUNTY CLERK TO THE BOARD
P.O. BOX 758, 1150 O STREET
GREELEY, CO 80634
EMAIL: EGESICK@WELD.GOV
Pub► i C Rev ie-c„)
os/o'S/23
2023-1256
SO OOO
NOTICE OF INTENT TO UNDERTAKE CERTAIN ACTIONS
BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 1 and BEEBE DRAW
FARMS METROPOLITAN DISTRICT NO.2
IN WELD COUNTY, COLORADO
NOTICE IS HEREBY GIVEN pursuant to Section 32-1-207(3)(b), C.R.S., that Beebe
Draw Farms Metropolitan District No. 1 ("District No. 1") and Beebe Draw Farms Metropolitan
District No. 2 ("District No. 2", collectively District No. 1 and District No. 2 will be referred to
herein as the "Districts"), in Weld County, Colorado intend to undertake certain actions described
herein:
1. The Amended and Restated Consolidated Service Plan for Beebe Draw Farms
Metropolitan District No. 1 and Beebe Draw Farms Metropolitan District No. 2 was approved by
the Board of County Commissioners of Weld County (the "BOCC") on March 16, 2011 (the
"Service Plan").
2. Under the Service Plan, District No. 1 and District No. 2 are authorized to provide
for the design, construction, acquisition, finance and operation and maintenance of Public
Improvements (as defined in the Service Plan) within the Pelican Lake Ranch development (the
"Development"), which is within the Service Area of the Districts.
3. As contemplated in the Service Plan, the Districts entered into the Beebe Draw
Farms Authority Establishment Agreement, dated April 12, 2011, and the First Amendment
thereto dated December 11, 2012 (the "Establishment Agreement"), thereby establishing the
Beebe Draw Farms Authority (the "Authority").
4. Under the Establishment Agreement, the Authority owns, operates, maintains,
finances and constructs the Public Improvements, and the Districts contribute to the costs of
ownership, maintenance, financing and construction of such Public Improvements.
5. In 2005, the Colorado Legislature passed Senate Bill 05-152, which excluded
local governments from providing "Advanced Services," "Telecommunications Services" and
"Cable Television Services," including any new and improved high bandwidth services based on
future technologies, utilizing existing or new community owned infrastructure including, but not
limited to, fiber optic networks ("Broadband Services"), or purchasing, leasing, constructing,
maintaining or operating any facility for the purpose of providing Broadband Services without
voter approval.
6. The Service Plan did not reference Broadband Services or any other television
relay and translation services that can be provided by metropolitan districts pursuant to Section
32-1-103(10)(h).
7. At this time, there are no Broadband Services in the Development; but the
Authority has received a proposal to bring Broadband Services to the Development and the
Districts support the desire of the Authority to proceed to contract for such services.
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8. The Districts submitted the issue to the voters at the May 2, 2023 Election, and
the voters have authorized the Districts to each provide Broadband Services, and to further
amend the Establishment Agreement to allow the Authority to provide Broadband Services, to
the Development.
9. District No. 1 voters also approved the imposition of an Additional O&M Mill
Levy in the amount of 3.3 mills to fund the extension of Broadband Services to Filing No. 1 of
the Corrected First Filing Plat, Weld County, Colorado recorded in the real property records of
Weld County on December 13, 1989 at Reception 02200074 ("Filing No. 1 Plat")
10. District No. 1 and District No. 2 voters also approved the imposition of a
Broadband Expansion Services Fee to be imposed on lots in future filings in the Districts'
Service Area to pay for the extension of Broadband to the future filings ("Future Filings").
11. The Districts believe it would be in the best interests of the Districts, their
residents and their taxpayers for the Authority to provide the Broadband Services to the lots in
the Filing No. 1 Plat and all Future Filings, and the Districts intend to amend the Establishment
Agreement to allow the Authority to do so.
12. The Districts intend to act in accordance with the foregoing notwithstanding that
the foregoing may constitute a departure from the terms of the Service Plan.
13. The Districts have conferred with County staff regarding the content of this
Notice prior to its publication and delivery. Accordingly, the Districts have determined to
provide this notice pursuant to Section 32-1-207(3)(b), C.R.S. Pursuant to Colorado law, any
action to enjoin the above -described activities as a material departure from the Service Plan must
be commenced within forty-five (45) days from the date of publication of this notice.
BEEBE DRAW FARMS METROPOLITAN
DISTRICT NO. 1
By: /S/ RONALD L. FANO
Attorney for the District
BEEBE DRAW FARMS METROPOLITAN
DISTRICT NO.2
By: /S/ MARYANN M. MCGEADY
Attorney for the District
Published in: Greeley Tribune
Published on: May 10, 2023
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