RESOLUTION CC98-499
A RESOLUTION RELATING TO THE ORGANIZATION OF THE JEFFERSON COUNTY MEADOW RANCH PUBLIC IMPROVEMENT DISTRICT, IN JEFFERSON COUNTY, COLORADO
WHEREAS, a petition (the "Petition") for the organization of the Jefferson County Meadow Ranch Public Improvement District, Jefferson County, Colorado (the "District"), has been heretofore filed in the office of the Clerk of the Board of County Commissioners of Jefferson County, Colorado; and
WHEREAS, said Petition is signed by at least a majority of the electors of the proposed District who own taxable real or personal property within the proposed District; and
WHEREAS, said Petition complies fully with the requirements of the County Public Improvement District Act, Title 30, Article 20, Part 5, Colorado Revised Statutes; and
WHEREAS, a Bond has been filed to pay all expenses connected with the proceedings in case the organization of the District be not effected, which Bond is hereby approved; and
WHEREAS, the Board of County Commissioners of Jefferson County, Colorado, subsequently adopted a Resolution and entered an order authorizing notice of hearing on the Petition for the organization of the District, the date of hearing to be on August 25, 1998; and
WHEREAS, the County Clerk caused notice by publication (the "Notice") to be made of the pendency of the Petition, of the purposes and boundaries of the proposed District, and of the time and place of hearing thereon (the "Hearing"), such Notice having been published once a week for three consecutive weeks in the Golden Transcript, a newspaper of general circulation in the proposed District; and
WHEREAS, the County Clerk also caused a copy of the Notice of said Hearing to be mailed to each elector of the District at his or her last known address, as disclosed by the tax records of the County and last official voter registration lists of Jefferson County, Colorado; and
WHEREAS, on August 25, 1998, the Board of County Commissioners of Jefferson County, Colorado, met at the Jefferson County Courthouse, in Golden, Colorado, at 9:00 A.M., for the purpose of holding a Hearing on the Petition for the organization of the District; and
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WHEREAS, the Board heard and considered all protests and objections relating to the Petition for the organization of the District; and
WHEREAS, the Board had determined, and hereby determines, that the genuineness of the signatures and the allegations of the Petition for the organization of the District are true, and that it has jurisdiction in the premises; and
WHEREAS, the Board has determined, and hereby determines, that the proposed improvements in said District will confer a general benefit on the District; that the cost of such improvements will not be excessive, as compared with the value of the property with the District; and that the Petition for the organization of the District be therefore approved as submitted;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY, COLORADO:
Section 1. Findings and Declarations. The Board of County Commissioners (the "Board") hereby accepts the Petition, which requests the formation of a public improvement district to be known as "Jefferson County Meadow Ranch Public Improvement District." The Board hereby finds that the signatures on the Petition are genuine, that the Petition is signed by at least a majority of those electors of the proposed district and that the Petition contains the organizational bond set forth in Section 30-20-506, Colorado Revised Statutes. The Board finds that the creation of the district and proposed improvements therein will confer a general benefit on the district and that the costs of the improvements will not be excessive as compared with the value of the property in the district. The Board hereby finds, determines and declares that the organization of the district will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants of the district. The Board hereby finds that the allegations of the Petition are true and that the district should be established.
Section 2. Establishment of District. It appearing that the Petition has been duly signed and presented in conformity with Colorado law and that the allegations of the Petition are true, the Board, by this resolution, hereby finds that it has full jurisdiction under the law to adopt this resolution, that the district for which the Petition has been filed is hereby declared organized, and that the district shall be known as Jefferson County Meadow Ranch Public Improvement District (the "District"), by which, in all proceedings, it shall hereafter be known. The District shall be a public or quasi-municipal subdivision of the State of Colorado and a body corporate with the limited proprietary powers set forth in Part 5, Article 20, Title 30, Colorado Revised Statutes.
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Section 3. District Boundaries. The territory to be included in the District is as follows:
Parcel A
Lots 1-61, Block 1
Lots 1-36, Block 2
Tracts A, C, D, E, F, G, I, J, K, L, M, N
Along with all public and private streets
Meadow Ranch Filing No. 1 as recorded in the records of Jefferson County, Colorado at Reception No. F00321149 on October 28, 1996
Parcel B
Lots 1-26, Block 1
Lots 1-4, Block 2
Lots 1-22, Block 3
Lots 1-62, Block 4
Tracts A, B, C, D, E, G, H, I, J, K, L, M, N, O, P, Q, R, S, U, W, Z
Meadow Ranch Filling No. 2A as recorded in the records of Jefferson County, Colorado at Reception No. F0527506 on December 19, 1997
Parcel C
Lot 1 and Lot 2, Meadow Ranch Filing No. 2 as recorded in the records of Jefferson County, Colorado at Reception No. F0323885 on October 31, 1996
Section 4. District Improvements. A general description of the improvements to be constructed, installed, or otherwise acquired by any other lawful means within and for the District is: a portion of street, drainage, sanitary sewer and landscaping improvements and related facilities necessary to serve public infrastructure requirements of the Meadow Ranch Planned Development.
Section 5. Filing of Resolution. Within thirty (30) days after the date of the final adoption of this Resolution, the Clerk of the Board shall submit to the County Clerk and Recorder of Jefferson County, Colorado, and to the County Assessor of said County, copies of this Resolution to be filed in said offices.
Section 6. Resolution Conclusive. This resolution shall finally and conclusively establish the regular organization of the District against all persons unless an action attacking the validity of the organization is commenced in a court of competent jurisdiction within thirty days after the adoption of this resolution. Thereafter, any such action shall be perpetually barred.
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Section 7. Repealer Clause. All resolutions or parts of resolutions inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any resolution or part of any resolution heretofore repealed.
Section 8. Severability Clause. If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining provisions of this resolution.
Section 9. Effective Date, Recording and Authentication. This resolution shall be in full force and effect immediately upon enactment following final passage. This resolution shall be recorded in the Book of Resolutions kept for that purpose and shall be authenticated by the signatures of the Chariamn of the Board of County Commissioners and County Clerk, and published in accordance with law.
INTRODUCED, PASSED AND ADOPTED on August 25, 1998
____________________________
Chairman, Board of County Commissioners, Jefferson County
S E A L
ATTEST:
________________________
Deputy Clerk to the Board
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CERTIFICATION
STATE OF COLORADO )
)SS.
COUNTY OF JEFFERSON )
I, Joan Fitz-Gerald, Clerk to the Board of County Commissioners of the County of Jefferson, Colorado, do hereby certify that:
1. The foregoing pages are a true and correct copy of a resolution (the "Resolution") passed and adopted by the Board of County Commissioners (the "Board") at a regular meeting held on August 25, 1998.
2. The Resolution was duly moved and seconded and the Resolution was adopted at the meeting of August 25, 1998, by an affirmative vote of a majority of the members of the Board as follows:
Those Voting Aye: Commissioner John P. Stone
Commissioner Patricia B. Holloway
Commissioner Michelle Lawrence, Chairman
Those Voting Nay: None
Those Absent: None
Those Abstaining: None
3. The members of the Board were present at such meeting and voted on the passage of such Resolution as set forth above.
4. The Resolution was approved and authenticated by the signature of the Chairman of the Board, sealed with the County seal, attested by the County Clerk and recorded in the minutes of the Board.
5. There are no bylaws, rules or regulations of the Board which might prohibit the adoption of said Resolution.
6. Notice of the meeting of August 25, 1998 in the form attached hereto as Exhibit A was published once a week for three consecutive weeks in the Golden Transcript, a newspaper of general circulation in the district, and the affidavit of publication is attached as Exhibit B.
7. On August 7, 1998, I caused the notice of the meeting of August 25, 1998 in the form attached hereto as Exhibit A to be mailed to each elector of the proposed district at his or her last known address, as disclosed by the records of the County and the last official voter registration lists.
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8. According to the records of Jefferson County, the total number of electors of the proposed Jefferson County Meadow Ranch Public Improvement District, who own taxable real or personal property in the district, as of August 25, 1998, is three. The Petition has been signed by three of these electors, representing 100% of the total number of such electors.
WITNESS my hand and seal of said County affixed this 3rd day of September, 1998.
Joan Fitz-Gerald
County Clerk
S E A L
EXHIBIT A
NOTICE OF HEARING ON PETITION
FOR THE ORGANIZATION OF THE
JEFFERSON COUNTY MEADOW RANCH PUBLIC IMPROVEMENT DISTRICT
JEFFERSON COUNTY, COLORADO
PUBLIC NOTICE IS HEREBY GIVEN that there was filed with the County Clerk and Recorder, Jefferson County, Colorado, a petition (the "Petition") for the organization of a public improvement district in the County to be known as the "Jefferson County Meadow Ranch Public Improvement District" (the "District").
The purpose of the District is to finance certain public improvements with the Meadow Ranch Official Development Plan ("Meadow Ranch") and to arrange for the long-term operation and maintenance of landscape, underdrains and private street improvements within the Meadow Ranch community.
The boundaries of the proposed District are:
Parcel A
Lots 1-61, Block 1
Lots 1-36, Block 2
Tracts A, C, D, E, F, G, I, J, K, L, M, N
Along with all public and private streets
Meadow Ranch Filing No. 1 as recorded in the records of Jefferson County, Colorado at Reception No. F00321149 on October 28, 1996
Parcel B
Lots 1-26, Block 1
Lots 1-4, Block 2
Lots 1-22, Block 3
Lots 1-62, Block 4
Tracts A, B, C, D, E, G, H, I, J, K, L, M, N, O, P, Q, R, S, U, W, Z
Meadow Ranch Filling No. 2A as recorded in the records of Jefferson County, Colorado at Reception No. F0527506 on December 19, 1997
Parcel C
Lot 1 and Lot 2, Meadow Ranch Filing No. 2 as recorded in the records of Jefferson County, Colorado at Reception No. F0323885 on October 31, 1996
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The Board of County Commissioners shall hold a hearing on the sufficiency of the Petition and on the organization of the District at the Jefferson County Courthouse, Golden, Colorado, on August 25, 1998, at 9:00 A.M.; any person may be heard on the question of the organization of the proposed District.
This Notice is given by order of the Board of County Commissioners, Jefferson County, Colorado, this 25th day of September, 1998.
Publish on: August 7, 1998
August 14, 1998
August 21, 1998
Publish in: Golden Transcript
EXHIBIT B
PROOF OF PUBLICATION
THE GOLDEN TRANSCRIPT
1000 10TH STREET, GOLDEN, CO
(SEE MINUTES OF AUGUST 25, 1998)
