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HomeMy WebLinkAboutR94-125 colsolidated service plan for Bachelor Gulch Metro District and Smith CreekCommissioner -. of the following BOARD 01' COUNTY COUNTY OF EAGLE, STATE OF COLORADO moved adoption RESOLUTION APPROVING CONSOLIDATED SERVICE PLAN FOR BACHELOR GULCH METROPOLITAN DISTRICT AND SMITH CREEK METROPOLITAN DISTRICT Resolution No. 94- 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 consoli- dated Service Plan of the proposed Bachelor Gulch Metropolitan District and Smith Creek Metropolitan District; and WHEREAS, Notice of the Hearing was duly published in the Eagle Valley Enterprise, a newspaper of general circulation within the County, on July 28, August 4, and August 11, 1994 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 ad 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 Consolidated Service Plan and all other testimony and evidence presented at the Hearing; and WHEREAS, it appears that the Consolidated Service Plan should be approved without condition or modification; and THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION- ERS OF EAGLE COUNTY, COLORADO: Section 1. That the Board of County Commissioners of Eagle County, Colorado does hereby determine that all of the require- ments of Title 32, Article 1, Part 2, Colorado Revised Statutes, as amended, relating to the filing of a Consolidated Service Plan for the proposed Bachelor Gulch Metropolitan District have been fulfilled and that Notice of the Hearing was given in the time and manner required by law. Section 2. That the Board of County Commissioners of Eagle County, Colorado, does hereby find and determine that: (a) There is sufficient existing and projected need for organized service in the area to be served by the proposed Districts; q�,yf (b) The existing service in the area to be served by the proposed District is not adequate for present and projected 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 districts are capable of providing economic and sufficient service to the area within their proposed boundaries; (e) The area to be included in the proposed Districts 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 districts are compatible with the facility and service standards of adjacent municipalities and special districts (g) The proposal is in substantial compliance with a master plan adopted pursuant to section 30 -28 -108, C.R.S.; and (h) The proposal is in compliance with any duly adopted county, regional, or state long -range water quality management plan for the area; (i) The creation of the proposed Districts will be in the best interests of the area proposed to be served. Section 3. That the Consolidated Service Plan of the pro- posed Bachelor Gulch Metropolitan District and Smith Creek Metropolitan District is hereby approved, conditioned upon the following modification being made to the Consolidated Service Plan prior to the organization of the Districts by the District Court, to -wit: The consolidated Service Plan of the Bachelor Gulch Metropolitan District and Smith Creek Metropolitan District shall be recorded in the real property records of the Eagle County Clerk and Recorder within 15 days of the final orders of the District Court which orga- nize the Districts. The Consolidated Service Plan shall include a requirement that the Districts record, in the real property records of the Eagle County Clerk and Recorder, a notice of the existence of the Dis- tricts (including legal descriptions of the boundaries or the Districts), a notice of any authorized (but unissued) indebtedness, a notice of the existence of the District Facility Construction and Service Agree- ment (or its equivalent), and a notice of any other indebtedness issued by one or both of the Districts. Section 4. That a certified copy of this Resolution be filed in the records of Eagle County and submitted to the Petitioners for the purpose of filing in the District Court of Eagle County. THAT, the board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of �rs ra r.dt. 1994. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONER n nr]'°r��y3p County Commissioners George . Gates, Commissioners Commissioner _ ! seconded adoption of the fore- going resolution.f The roll having been called, the vote was as follows: Commissioner Phillips Commissioner Johnson Commissioner Gates � This Resolution passed by 1/�/ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. By: L Y3 Phil ps,Chairman J It was then moved by Commissioner that all rules of this Board which might prevent, unless suspended, the final passage and adoption of this Resolution at this meeting, be and the same are hereby suspended. The question being upon the adoption of said motion and the suspension of the rules, the roll was called with the following result: Those voting AYE: Those voting NAY: members of the Board of County Commissioners having voted in favor of said motion, the presiding officer declared said motion carried and the rules suspended. Commissioner t4ien moved that said Resolution be passed and adopted as read. The question being upon the passage and adoption of said Resolution, the roll was called with the following result: Those voting NAY: The presiding officer thereupon declared that a majority of all of the Commissioners elected having voted in favor thereof, the motion was carried and the Resolution duly passed , and adopted. C Chairman oard of County Commissioners _3 Section 4 . That a certified copy of this Resolution be filed in the records of Eagle County and submitted to the Petitioners for the purpose of filing in the District Court of Eagle County. ADOPTED AND APPROVED this c!o Gday of 1994. (S E A L) Chairman card of County Commissioners CERTIFICATE I, Sara Fisher, do hereby certify that the above and foregoing is a true, correct and complete copy of a Resolution adopted by the Board of County Commissioners of Eagle County, Colorado, at a regular meeting held on August 22, 1994. 1994. WITNESS my hand and official seal thisQ of4 ink', County Clerk and Recorder Eagle County, Colorado (S E A L) STATE OF COLORADO, COUNTY OF EAGLE I, Sara Fisher, County Clerk and Recorder of the County of Eagle, State of Colorado, do hereby certify that the foregoing pages constitute a full and correct copy of the record of proceedings of the Board of County Commissioners of said County, taken at a regular meeting held on the 22nd day of August, 1994, at the Eagle County Room, in the Eagle County Administration Building, in Eagle, Colorado, insofar as said minutes relate to Bachelor Gulch Metropolitan District and Smith Creek Metropolitan District, a copy of which is therein set forth; that the copy of the Resolution contained in said minutes is a full, true and correct copy of the original of said Resolution as adopted by the Board of County Commissioners at said meeting; that the original Resolution has been duly signed and approved by the presiding officer of the Board of County Commissioners and myself, as County Clerk and Recorder, and sealed with the corporate seal of said County, and as recorded in the Book of Resolutions of the County kept for that purpose in my office. I further certify that the Chairman and 0 �? members of the Board of County Commissioners were present at said meeting and that y3 members of said Board voted on the passage of said Resolution as set forth in said minutes. IN WITNESS WHEREOF, I have hereunto set my hand of said County at Eagle, Colorado, this day 1994. (S E A L) and the seal Of �, 1 ' County Clerk an Recorder VAINC \MISC \BS132529.064