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HomeMy WebLinkAboutR95-113 approving service plan for Horse Mountain Ranch Metro Districti O' •.~~ ~~_ ~J Commissioner moved adoption of the following Reso ution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION APPROVING THE SERVICE PLAN FOR HORSE MOUNTAIN RANCH METROPOLITAN DISTRICT Resolution No. 95-~~ WHEREAS, pursuant to the provision of the Title 32, Article 1, Part 2 C.R.S., as amended, the Board of County Commissioners of Eagle County, Colorado, held a public hearing on the Service Plan of the proposed Horse Mountain Ranch Metropolitan District on the 14th day of March 1995, said hearing then having been continued on various occasions and held to completion on August 29, 1995; and; WHEREAS, Notice of the Hearing was duly published in the Eac~le_ Val y. Enterprise. a newspaper of general circulation within the County, on March 2, March 9, and March 16, 1995 as required by law, and Notice was forwarded to the Petitioners and to the governing body of each municipality and special district which levied an ~ valorem tax within the next preceding tax year and which has boundaries with a radius of three (3) miles of the proposed Districts; and WHEREAS, the Board has considered the Service Plan and all other testimony and evidence presented at the Hearings; and WHEREAS, several petitions for exclusion of property were filed with the Board and evidence thereon taken by the Board; and WHEREAS, the proponent of the proposed District, Horse Mountain ~` ~` (~ Ranch, L.L.C., has stated in public hearings its commitment to (i) ~' provide certain collateral to Eagle County in a form and amount ~ acceptable to Eagle County to secure its commitments to pay all ~, condemnation costs for the proposed District and (ii) to collateral- ize its commitments to complete construction of certain roads to an acceptable County standard and then to ensure in writing that all of said roads that are to be maintained by the District are conveyed in fee to the District and (iii) to provide collateral in the amount of ten (10) percent of the entire cost for construction of the proposed District Roads for a warranty period of two years thereby securing the financial viability of the proposed District with respect to such matters; and 577874 B-681 P-866 11/28/95 04:1OP PG 1 OF 7 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 WHEREAS, the proponents of the proposed District have consented by Letter dated September 5, 1995 to delay receipt of this Resolu- tion from Eagle County until the collateral referred to above is provided in satisfactory form and the letter ensuring that all roads will be conveyed to the District is provided in an acceptable form to the County Attorney's office; and WHEREAS, based on the foregoing commitments relative to the financial issues addressed herein and based on the evidence and testimony provided during the public hearings it appears that the Service Plan should be approved without condition or modification; and WHEREAS, it appears that certain of the petitions for exclusion should be denied and certain petitions for exclusion should be granted. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO: SPCtion 1. That the Board of County Commissioners of Eagle County, Colorado does hereby determine that all of the requirements of Title 32, Article 1, Part 2, Colorado Revised Statutes, as amended, relating to the filing of a Service Plan for the proposed Horse Mountain Ranch Metropolitan District have been fulfilled and that Notice of the Hearing was given in the time and manner required by law. ~Prfiion 2. That the proponents of the proposed district, Horse Mountain Ranch, L.L.C., have committed to providing the following: i. An estimate for the completion of the remainder of the roads to be maintained by the District is to be submitted to the Eagle County Engineer's office. Upon approval by the County Engineer, the County Attorney's office shall draft an agreement with Horse Mountain Ranch L.L.C. wherein Horse Mountain Ranch L . L . C . shall post a letter of credit in the amount of the agreed upon estimate. In addition, the agree- ment shall state that the collateral shall be released only upon inspection and approval by the County Engineer. The County shall retain as collateral ten percent (10%} of the costs for the completion of all roads to be maintained by the District for a period of two years, from the time of comple- tion of the roads, during which time Horse Mountain Ranch L.L.C. shall promptly correct, remove or replace, in accor- dance with the County's written instructions, defective work or materials and consequences thereof. 2 ~• r' k.. 577874 B-681 P-866 11/28/95 04:10P PG 2 OF 7 ii. An estimate for the completion of the BLM portion of the road is to be submitted to the County Engineer for approval. In addition, Horse Mountain L.L.C. shall submit alternative routes for the BLM to the County Engineer which shall then be forwarded to the BLM for review. Once a Route for the road is approved by the BLM, Horse Mountain L.L.C. shall submit an estimate for completion of the road to the County Engineer. Upon approval by the County Engineer, the County Attorney shall draft ari agreement wherein Horse Mountain L.L.C. shall post a letter of credit in the amount agreed upon. It should be noted that the BLM portion of the Road shall be built to County Standard. In addition, the Agreement shall state that the Collateral shall only be released upon inspection and approval by the Eagle County Engineer. The County shall retain as collateral ten percent (10%) of the costs for the completion of all BLM portion of the road to be maintained by the District for a period of two years, from the time of completion of the roads, during which time Horse Mountain Ranch L.L.C.. shall promptly correct, remove or replace, in accordance with the County's written instructions, defective work or materials and consequences thereof. The County shall retain ten percent (10%) of the collateral for a period of two years as warranty for the construction for the BLM portion of the Road. iii. Horse Mountain Ranch L.L.C. shall obtain a certified appraisal for the costs of the acquisition of the rights of way to be acquired in the event that condemnation shall become a necessity for the District. Once an appraisal has been generated and accepted by the County, and based on the written and verbal representations of Horse Mountain Ranch L.L.C., Horse Mountain Ranch L.L.C. shall post a letter of credit in the amount indicated in the County approved appraisal to be held by the County for the benefit of the District. In the event the district is formed, the County shall release to the District the letter of credit to the District only with the written agreement that the letter of credit shall be used only for condemnation proceedings if they become necessary. In ~, the event that all law suits are completed and condemnation is ~ .. no longer necessary, the District can then and only then f' release the letter of credit. ~' ~.'. iv. Upon the formation of the District, all roads which are -- to be maintained by the District shall be conveyed to the Dis- trict by the Horse Mountain Ranch L.L.C. and all other property owners within the District: 3 577874 B-681 P-866 11/28/95 04:1OP PG 3 OF 7 $PCtion 3. That based upon the evidence and testimony provided during the public hearings, and based upon the commitments of Horse Mountain Ranch L.L.C. as illustrated in Section 2 above, the Board of County Commissioners of Eagle County, Colorado, does hereby make the following findings and determinations: (a) There is sufficient existing and projected need for ' organized service in the area to be served by the pro- posed District; (b) The existing service in the area to be served by the proposed District is not adequate for present and pro- jected needs; (c) Adequate service is not, and will not be, available to the area through the County or other existing municipal or quasi-municipal corporations, including existing special districts within a reasonable time or on a comparable basis; (d) The proposed special district is capable of providing economic and sufficient service to the area within its proposed boundaries; (e) The area to be included in the proposed district has and will have the financial ability to discharge the proposed indebtedness on a reasonable basis; (f) The facility and service standards of the proposed district is compatible with the facility and service standards of adjacent municipalities and special dis- tricts; (g) The proposal is in substantial compliance with a master plan adopted pursuant to section 30-28-108, C.R.S.; (h) The proposal is in compliance with any duly adopted ~ county, regional, or state long-range water quality ~~, management plan for the area; and ~~ N (i) The creation of the proposed district will be in the best ~; interests of the area proposed to be served. ~_ 4 577874 B-681 P-866 11/28/95 04:1OP PG 4 OF 7 Section 4. That the following petitions for exclusion of property from the proposed Horse Mountain Ranch Metropolitan district for the following petitioners are denied, the requests contained therein being found not to be in the best interests of the proposed District based on the evidence presented in the hearings on the matter: Eagle Mountain Development, Piney Valley Ranches Trust John Forier with respect to Inc. WC 70,76,75,69,4,10,13,79 and, the petition of Blair and Diane Bakken is denied, said petition having been withdrawn voluntarily by the petitioners named therein. Section 5. That petitions for exclusion of property from the proposed Horse Mountain Ranch Metropolitan District for the following petitioners are granted, the requests contained therein being found to be in the best interests of the proposed District based on the evidence presented in the hearings of this matter: Stephen L. and Charlene R. Erickson Kevin B. McNett John Forier with respect to WC 58, 64 Section 6. That a certified copy of this Resolution shall be filed in the records of Eagle County and submitted to the Petition- ers for the purpose of filing in the District Court of Eagle County only upon receipt by the County of all collateral and letters agreed to herein as only upon receipt of said collateral and letters can the County find that the District is in fact financially viable as required by C.R.S. 32-1-203(2). THAT, the board hereby finds, determines and Resolution is necessary for the public health, of the residents of the County of Eagle, State 5 declares that this ~ safety and welfare ~;_ of Colorado. ,~ C,,.. 577874 8-681 P-866 11/28/95 04:1OP PG 5 OF 7 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, Stat of Colorado, at its regular meeting he 1 d the _~_ day o f (~i~1e.~,D~.r.~ . 19 9 5 . yet ~Ij, COUNTY OF EAGLE, STATE OF ~ COLORADO, By and Through Its ATTEST: ~ ~ BOARD OF COUNTY COMMISSIONERS ~ ~ .~~~~~ + ~- By Clerk to the oard of J E. Jo rman County Commissioners George Gates, Commissioner ~_ ~ c Johnnette Phillips, Commissioner Commissioner ~~.P.c%~ __ seconded adoption of the foregoing resolution.- The roll having been called, the vote was as follows: Commissioner Johnson Commissioner Gates ~~,~ Commissioner Phillips d~.~ This Resolution passed by ~ '~~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. mta\r\horsedis.rev 6 ~~ ~, . r' .~~7 ~~ ~.. 577874 B-681 P-866 11/28/95 04:1OP PG 6 OF 7 ~1~147~ ~~ v 1~ 1 C~J.1\ 1~1\ ~~j LLt. September 5, X995 Ms. Mary Joan Berenato Eagle County Attorney's Office 500 Braadwa~ Da~lo, CO 8~G31 RE: Horse Mountain Ranch Metropolitan District/Resolution Dear Ms. Berenato: VIA FACSYMi~,E Please accept this letter as agreeme.~t of Horse Mountain Ranch, LLC to delay receipt of the Resolution from BagIe County approving the service plan for the proposed 1'~orse Mountain Ranch Metropolitan District unfit the c.~lt~teral referred to in the sixth recital of the proposed Resolution has been provided to the Eagle County Artorney's Office in satisfactory form aad a letter easurin¢ that a]1 roads will be conveyed iv the District is provided in an acceptable form to the County Attorney's Ogee. Zf you have additional questions, please do not hesitate to ccmtact ~LC_ Very truly yours, HC1rtSE M L'N'TATN RANCT~, LLC Gary D. raves, Mana er ~^ C~` r' r~ ~. 577874 B-681 P-866 11/28/95 04:1OP PG 7 OF 7 7b4 Whalers'Wav, Suildizig C, Suits #2110, Fort C.nllin.,c, CO 80525 (970) 223-S5S5