Loading...
HomeMy WebLinkAbout05.04.87 Notice of ElectionGARY R. WHITE (303) 839 -3709 GALHINS, Kit Ammt, GRENsuAW 8e HARRING A LAW PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS SUITE 3800 ONE UNITED BANE CENTER 1700 LINCOLN STREET DENVER, COLORADO 80203 TELEPHONE (303) 839 -3900 (TELecoPlEH: 303.880 -3838) May 4, 1987 CERTIFIED MAIL RETURN RECEIPT REQUESTED Board of County Commissioners of Garfield County Garfield County Courthouse 109 Eighth Street Glenwood Springs, CO 81601 RECETVETY MAY 06 1987 COUNTY COMMISSIONERS Dear Commissioners: Enclosed is a Notice of Election on Organization of the Battlement Mesa Metropolitan District. Please note that the notice indicates that the election will be held on Tuesday, May 26, 1987. GRW /lab Enclosure 9976.011 Sincerely, CALKIN.S, KRAMER, GRI HAW & HARRING � F Gary R. W ite fir MAY 8 1987 GARFIELD COUNTY DISTRICT COURT, GARFIELD COUNTY, COLORADO Civil Action No. 87CV091 NOTICE OF ELECTION ON ORGANIZATION IN RE THE ORGANIZATION OF BATTLEMENT MESA METROPOLITAN DISTRICT, GARFIELD COUNTY, COLORADO Pursuant to an Order of Court duly entered of record on the day of 01/4,0 , 19,17 public Notice is hereby given that the uestion of the organization of the above - entitled District will be submitted to a vote of the electors of the proposed District at an election to be held for that purpose on Tuesday, the 26th day of May, 1987, at Battlement Mesa Service Center, 0663 River Bluff Road, Parachute, Colorado, between the hours of 7:00 o'clock A.M. and 7:00 o'clock P.M. of said day. Until such time as otherwise designated by the Board of Directors of the District, the polling place for the organizational election and for all regular and special elections of the District shall be at this location. Handicapped voters and electors of the proposed District not residing within its boundaries may vote at said polling place. The purposes of the District are as follows: (a) A complete fire protection system including but not limited to, fire stations, fire protection and fire fighting equipment, ambulance services, emergency medical services, rescue units, and diving and grappling services, and all necessary incidental, and appurtenant facilities, land and easements, together with extensions of and improve- ments to said system within and without the boundaries of the District; (b) Facilities for the elimination and control of mosquitoes, including contractual arrangements with other entities to accomplish such purposes; (c) A complete park and recreation system, including but not limited to, parks, bike paths and pedes- trian ways, open space, landscaping, golf courses, cultural activities, community recreational centers, water bodies, irrigation facilities, and other active and passive recrea- tional facilities and programs, and all necessary incidental and appurtenant facilities, land and easements, together with extensions of and improvements to said facilities within and without the boundaries of the District. (d) A complete local sanitary sewage collection and transmission system which may include, but shall not be limited to, collection mains and laterals, transmission lines, and /or storm sewer, flood and surface drainage facili- ties and systems, including detention /retention ponds and associated irrigation facilities, and all necessary, incidental, and appurtenant facilities, land and easements, together with extensions of and improvements to said system within and without the boundaries of the District; (e) Facilities and /or services for a system of traffic and safety controls and devices on streets and highways and at railroad crossings, including signalization, together with all necessary, incidental, and appurtenant facilities, land and easements, together with extensions of and improvements to said facilities within and without the boundaries of the District; (f) Street improvements, including curbs, gutters, culverts, and other drainage facilities, sidewalks, bridges, overpasses, bike paths and pedestrian ways, inter- changes, median islands, paving, lighting, grading, lands- caping, irrigation, and parking lots and structures, together with all necessary, incidental, and appurtenant facilities, land and easements, together with extensions of and improve- ments to said facilities within and without the boundaries of the District; (g) Television relay and translator facilities, including cable TV, together with all necessary, incidental and appurtenant facilities, land and easements, and all necessary extensions of and improvements to said facilities within and without the boundaries of the District; (h) A system to transport the public by bus, rail, or any other means of conveyance, or combination thereof, or pursuant to contract, including park and ride facilities and parking lots, structures, and facilities together with all necessary, incidental and appurtenant facilities, land and easements, and all necessary extensions of and improvements to said facilities or systems within and without the boundaries of the District; and (i) A complete potable and nonpotable local water supply, storage, transmission, and distribution system, which may include, but shall not be limited to, transmission lines, distribution mains and laterals, irrigation facilities, storage facilities, land and easements, and all necessary, incidental, and appurtenant facilities, together with exten- sions of and improvements to said system within and without the boundaries of the District. The present estimated cost of the proposed improve- ments is $31,000,000. The proposed District encompasses approximately 180.67 acres in Garfield County, Colorado, and is generally located immediately across Interstate 70 from the Town of Parachute, Colorado. The legal description of the proposed District is as follows: (Attach Legal Description) Exhibit A BATTLEMENT MESA I4 TTCF0UTAN DI STRI GT BOUNDARY Being a 180.67 acre parcel of land situated in the west half of Section 18, Township 7 South, Range 95 West and the east half of Section 13, Township 7 South, Range 96 West of the 6th Principal Meridian, Garfield County, Colorado and being more particularly described as follows: Commencing, as a point of reference, at the southeast corner of said Section 13, and considering the line between the southwest quarter of said Section 18 and the southeast quarter of said Section 13 to bear N O1' 05' 12" E with all bearings contained herein relative thereto; Thence N 55' 25' 29" W 1180.60 feet to the POINT OF BEGINNING; Thence S 59' 29' 16' W 1225.50 feet to a point an the boundary of the Battlement Mesa P.U.D. (Reception No. 333476); Thence along said P.U.D. boundary the following eighteen (18) courses and distances: 1) N 88' 52' 30' W 202.82 feet, 2) N 00' 00' 00" E.461.13 feet, 3) N 81' 10' 00" W 955.94 feet, 4) N 26' 28' 25' E 232.98 feet, •5) N 30' 21' 25" E 206.15 feet, 6) N 35' 25' 25" E 644.58 feet, 7) N 29' 17' 25" E 829.38 feet, 8) N 40' 24' 25" E 99.86 feet, 9) N 36' 27' 25" E 150.05 feet, 10) N 34' 54' 25" E 163.27 feet, 11) N 31' 12' 21" E 266.75 feet, 12) N 50' 36' 25" E 686.79 feet, 13) N 72' 23' 50' E 390.96 feet, 14) N 76' 17' 12" E 151.22 feet, 15) N 77' 41' 27" E 463.54 feet, 16) N 79' 53' 07" E 281.99 feet, 17) N 79' 01' 50" E 87.91 feet, 18) N 62' 57' 39" E 257.89 feet, Thence departing said P.U.D. boundary and along the following ten (10) courses and distances: 1) S 32' 23' 53" E 402.84 feet, 2) S 89' 07' 45" E 470.00 feet, 3) S 00' 52' 15" W 580.30 feet, 4) N 88' 23' 00" W 90.05 feet, 5) S 17' 37' 00" w 180.00 feet, 6) S 33' 48' 22" W 9.00 feet, 7) S 83' 45' 00" W 10.00 feet, 8) S 13' 45' 00" E 29.50 feet, 9) S 50' 45' 00' E 12.00 feet, 10) S 15' 45' 10" E 150.60 feet to a point an the northerly riot- of-way line of proposed River Bluff Road; Thence along said proposed right- of-way the following four (4) courses and distances: 1) 257.90 feet along the are of a curve to the left having a central angle of 34' 46' 07 ", a radius of 425.00 feet and a Chord whidi bears S 49' 35' 41" W 253.96 feet, 2) 209.14 feet along the arc of a curve to the right having a central angle of 24' 21' 19 ", a radius of 492.00 feet and a chord Which bears S 44' 23' 16" W 207.57 feet, 3) S 56' 33' 56" W 95.61 feet, 4) S 33' 26' 04" E 100.00 feet, Thence departing said right -of -way the following five (5) courses and distances: 1) S 35' 01' 13" W 792.10 feet, 2) N 78' 40' 06" W 243.40 feet, 3) S 58' 37' 17" W 492.03 feet, 4) S 29' 02' 34" W 167.30 feet, 5) S 41' 48' 15" W 425.35 feet to the POINT OF BEGINNING. Any individual who wishes to know if his residence or taxable real or personal property is within the boundaries of the proposed District should contact the County Assessor's office with reference to the legal description set forth above. Further, a map of the proposed District is included in the Service Plan on file with the Clerk of the District Court and is available for examination by electors of the proposed District. At said election the electors of the proposed District may vote for five electors of the District who may be nominated by written petition signed by no fewer than five electors filed with the Court not less than forty -five (45) days prior to the date of the election. Any petition so filed shall designate therein the name of each nominee and the term for which nominated and shall state that the subscribers thereto and the nominee or nominees designated therein are electors of the proposed District. Prior to or at the time of filing the petition, the nominee shall consent, in writing, to serve the term designated in the petition. No petition shall designate any person as a candidate for more than one office, nor shall it place in nomination more names than the number of offices to be filled, nor shall it designate more than one nominee for each office to be filled. No elector shall sign a nominating petition for more than one person for any office to be filled. An elector of the proposed District whose name does not appear on a nominating petition filed with the Court in accordance with this paragraph may run as a write -in candi- date for a director position. However, no write -in vote for director shall be counted unless an affidavit of intent has been filed with the Court no later than 4:00 p.m. on the Friday before the election indicating that the person desires the office and is legally qualified to assume the duties of office if elected. Those candidates elected shall constitute the Board of Directors of the District, if organized. Two of the original directors are to serve until they or their succes- sors are elected and qualified at the 1988 regular election, being the next regular election occurring in any year follow- ing that in which the proposed District is organized, and three of the original directors are to serve until the 1990 regular election. An elector shall be defined as a person who, at the time of election, is registered to vote in general elections in the State of Colorado, and Who is registered pursuant to the "Colorado Election Code of 1980" and has been a resident of the proposed District for not less than thirty - two (32) days; or (b) Who or whose spouse owns taxable real or personal property situated within the boundaries of the proposed District, whether said person resides within the District or not. A person who is obligated to pay general taxes under a contract to purchase taxable property within the District shall be considered an owner within the meaning of subsec- tion (b). The ownership of property on which a specific ownership tax is paid pursuant to law shall not qualify a person as an elector, nor as a taxpaying elector. Taxable property shall mean real or personal property subject to general ad valorem taxes. No person shall be permitted to vote in the elec- tion unless that person is an elector and his or her name appears on a property owners list certified by the Garfield County Assessor or a registration list certified by the Garfield County Clerk and Recorder pursuant to C.R.S. §§ 32- 1- 103(14.5), (17.5). Any person who has been denied the right to vote solely because his or her name has been erroneously omitted from the registration list or property owners list shall be permitted to vote upon presenting to an election judge a certificate of registration issued on election day by the Garfield County Clerk and Recorder or a certificate of property ownership issued on election day by the Garfield County Assessor. Each elector shall be required to execute an affidavit as to his or her qualifications for voting before being allowed to vote. Persons who are otherwise fully qualified to vote at said election but who expect to be absent from the proposed District on election day, or by reason of their work or the nature of their employment are likely to be absent and fear they will be absent from said District on said day, or who, because of serious illness or physical disability, or because they reside more than ten miles from their polling place by the most direct route for public travel, or for reasons based upon the doctrines of established religions, shall be unable to attend the polls on said day, may make requests for an application for an absent voter's ballot orally or in writing to Richard A. Stanger, c/o Susan J. Schledorn, Calkins, Kramer, Grimshaw & Harring, 1700 Lincoln Street, One United Bank Center, Suite 3800, Denver, Colorado 80203, and except in the case of emergency absentee voting, a written application for such absent voter's ballot must be received not earlier than forty -five (45) days before the election nor later than 4:00 P.M. on the Friday immediately preceding the election. An elector unable to go to the polls because of conditions arising after the closing date for absent voter's ballot applications which will result in his or her absence from the proposed District on election day may apply for an emergency absent voter's ballot. IN WITNESS WHEREOF, this Notice is given this l day of , 19g-7 . Elizabeth 1 KimminaE' Clerk of the District Court Garfield County Colorado,