HomeMy WebLinkAbout20170484.tiffCOUNTY
Jeffrey J. Kahn
John Wade Gaddis
Bradley A. Hall
Steven P. Jeffers
Anton V. Dworak
Adele L. Reester
Catherine A. Tallerico
Scott E. Holwick
Cameron A. Grant
Matthew Machado
Madoline Wallace -Gross
Chad A. Kupper
Elizabeth M. Joyce
John Chmil
Drew L. Lyman
SPECIAL COUNSEL
Wallace H. Grant
Suzan D. Fritchel
Eve I. Canfield
SENIOR COUNSEL
Richard N. Lyons, II
Daniel F. Bernard
(1942-2011)
!! ' LYONS GADDIS
ATTORNEYS & COUNSELORS
February 9, 2017
Weld County Board of County Commissioners
1150 O St.
Greeley, CO 80632
Larimer County Board of County Commissioners
PO Box 1190
Fort Collins, CO 80522-1190
RECEIVED
FEB 13 2017
WELD COUNTY
COMMISSIONERP
NOTICE OF INTENDED ACTION REGARDING CHANGE OF NAME
RE: JOHNSTOWN FIRE PROTECTION DISTRICT
Dear Board Members,
This law firm represents the Johnstown Fire Protection District.
This letter is written to give notice that the Johnstown Fire Protection District on
February 8, 2017 passed a resolution calling for the change of the District's name
to: Front Range Fire Rescue. Enclosed is a Notice of Proposed Name Change
filed in the Weld County District Court, case no. 1952CV12070.
Please contact me with any questions or concerns.
Truly yours,
LYONS GADDIS KAHN HALL
JEFF �ORAjC�ANT,T, PC
By
Catherine A. Tallerico
ctallerico @lyonsgaddis.com
Enclosure
cc: Johnstown Fire Protection District
Att'n Chief Ron Bateman
LYONS GADDIS KAHN HALL JEFFERS DWORAK & GRANT, PC
515 Kimbark Street 2nd Floor PO Box 978 Longmont, CO 80502-0978
Longmont 303 776 9900 I Louisville 720 726 3670 I Web www.lvonsaaddis.com
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2017-0484
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Weld County District Court
901 9th Avenue
P.O. Box 2038
Greeley, CO 80631
Phone: (970) 351-7300
Court Use Only
IN THE MATTER OF THE
JOHNSTOWN FIRE PROTECTION
DISTRICT
Attorneys for District
Catherine A. Tallerico
Lyons Gaddis Kahn Hall
Jeffers Dworak & Grant, P.C.
P.O. Box 978
Longmont, CO 80502-0978
Telephone: 303-776-9900
Email: ctallerico@lyonsgaddis.com
Attorney Reg. Number: 19995
Case No. 52 CV 12070
Division 1
NOTICE OF PROPOSED NAME CHANGE
Johnstown Fire Protection District, by its attorneys, Lyons Gaddis Kahn Hall Jeffers
Dworak & Grant, P.C., hereby files the following notice:
Notice is hereby given that the Johnstown Fire Protection District on February 8, 2017
passed a resolution calling for the change of the District's name to Front Range Fire
Rescue. It is the opinion of the District's Board of Directors that a name change does
not constitute a material modification of the District's Statement of Purpose and
therefore such action does not require the prior consent of the Board of county
Commissioners of Weld County because such prior approval is only required for
changes of a "basic or essential nature" with respect to the District's services. Pursuant
to § 32-1-207(2), C.R.S., no such approval is required for changes of mechanical type
necessary only for the execution of the statement of purpose.
Further, pursuant to § 32-1-207(3)(b), C.R.S., any action to enjoin such intended action
as a material modification of the District's statement of purpose must be filed with the
Weld County District Court in this case within 45 (forty-five) days of publication of this
notice. The failure of any interested party to file such an action to enjoin the intended
action may result in the Court's entry of an order modifying the original decree of
formation changing the name of the Johnstown Fire Protection District to Front Range
Fire Rescue for all purposes.
A copy of the District's Statement of Purpose (attached to this Notice) is on file with the
Weld County Planning Department and is available for inspection during normal
business hours. A copy is also on file and available for inspection at the District's
business offices,101 South Irene, Milliken, CO 80543 during normal business hours.
Dated: February 9, 2017
LYONS GADDIS KAHN HALL
JEFFERS DWORAK & GRANT, P.C.
By
Catherine A. Tallerico
CERTIFICATE OF SERVICE
This is to certify that on February 9, 2017, a true and correct copy of the foregoing
NOTICE OF PROPOSED NAME CHANGE was e -filed using CCEF and an electronic
copy was served upon:
Rob Bateman, Fire Chief
Johnstown Fire Protection District
rbateman@frfr.co
a copy was also mailed, U.S. Postal Service, postage prepaid to:
Weld County Board of County Commissioners
1150 O St.
Greeley, CO 80632
Larimer County Board of County Commissioners
P.O. Box 1190
Fort Collins, CO 80522-1190.
Such Notice is also scheduled for publication in the Johnstown Breeze, a newspaper of
general circulation within the District.
2
STATEMENT OF PURPOSE
Johnstown Fire Protection District
1. RECITALS. Section 32-1-208, C.R.S. requires that each special district which. was. formed
prior to the enactment of Section 32-1-201, C.R.S. to submit on or before July 1, 1986 a
Statement of Purpose to the applicable county or counties in :which the district lies. The •
Johnstown Fire Protection District (the "District") was formed by order and decree of the. Weld
County District Court on June 27, 1952, Case No. 12070. At the time of organization, the
"service plan" requirement had not been enacted. It is the good faith belief that the District
submitted a Statement of Purpose to Weld County (the "County") in 1986 in compliance with
state law. However, the District recently became aware that the County no longer has • a
record of the District's Statement of Purpose. The District was also unable to locate. its
original Statement of Purpose in its files and is therefore once again providing this Statement
of Purpose to the County as a renewal of the original Statement of Purpose.
2. GENERAL STATEMENT OF PURPOSE. The District was organized pursuant to Section 32-1-
101, C.R.S., et. seq. as a special district for the purpose of providing fire protection and
related services to its residents and taxpayers and the public in general. The court decree
vests the District with all statutory authority afforded to a governmental subdivision of the
State of Colorado and a body corporate with all the powers of a public or quasi -municipal
corporation. By law, the District is empowered to provide firefighting services, fire prevention
and inspection services, ambulance services, emergency medical services, rescue services
and diving and grappling services and the District reserves the right to provide any or all of
these services at any time during its existence.
3. SERVICES AND FACILITIES. The District currently provides, or reserves the right to providein
the future, the following services, either directly or by contract, and the listed facilities. •
a. Services:
i. Fire Protection Services
ii. Fire Prevention Services
iii. Ambulance Services
iv. Emergency Medical Services
v. Rescue Unit Services
vi. Diving and Grappling Services
vii. Hazardous Materials Response Services
b. Facilities:
i. Current: Johnstown Fire Protection District Station
100 Telep Avenue
Johnston, CO 80534
ii. Future: Future stations and substations may be located, financed, and
constructed to meet the response needs of the District, at the discretion of
the District's Board of Directors.
4. AREA SERVED. The District serves an area lying in Weld County generally located south of
Colorado Highway 34, east of Interstate 25, west of Colorado Highway 257 and north of WCR
34, including the Town of Johnstown and certain adjacent areas located in unincorporated
Weld County. A current map of the District's boundaries is attached hereto as Exhibit A and
is incorporated herein by reference. Exclusions and Inclusions may be effected as provided
by law. •
5. MUTUAL AID AGREEMENTS. The District currently has mutual aid agreements, providing for •
back-up and or first response with various response agencies in Weld and Larimer Counties,
and reserves the right to enter into mutualaid agreements in the future. •
6. FUTURE SERVICES. It is anticipated that development and growth will continue in the Town .
of Johnstown and the surrounding area in unincorporated Weld. County, and the Districtmay
expand with that growth. It is anticipated that there will be significant growth, within the:
vicinity of the Town of Johnstown and that the District may be called upon to the increased
demand for services in these areas. In order to meet this increased demand, the District.
may have to expand its crews of paid and volunteer firefighters, construct additional stations
and facilities, acquire additional equipment and create additional units for ambulance,
rescue or diving services. .
7. FINANCING. Financing is at the discretion of the District's board of directors and may include
bondissuance and•other general obligations ofthe District as permitted by statute.
EXHIBIT A
District Boundary Map
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