HomeMy WebLinkAboutR93-108 approval of service plan of Consolidated Edwards Metro DistrictWHEREAS, pursuant to the provisions of 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 Consolidated Edwards Metropolitan District on the
24th day of August, 1993; and
WHEREAS, Notice of the Hearing was duly published in The Eagle
Valley Enterprise a newspaper of general circulation within the
County, on August 5, 12 and 19, 1993, as required by law, and
Notice was forwarded to the Petitioners, the Division of Local
Government, and the governing body of. each municipality and
special district which has levied an ad valorem tax within the next
preceding tax year and which has boundaries within a radius of
three miles of the proposed District; and
WHEREAS, pursuant to C.R.S. 32 - 1 - 204(1.5) Postcard
Notification was given to property owners within the proposed
Consolidated Edwards Metropolitan District; and-
WHEREAS, the Board has considered the Service Plan and all
other testimony and evidence presented at the Hearing; and
WHEREAS, it appears that the Service Plan should be approved
subject to certain conditions or modifications.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT pursuant to C.R.S. 32 -1 -305, the Eagle County Board of
Commissioners received three separate Petitions for Exclusion from
the District. Said Petitions were filed by Joyce Terry, Bruce
Eaton and Paul Smith. After reviewing the Petitions and hearing
testimony the Eagle County Board of Commissioners found that
exclusion of the Eaton and Smith properties would not be in the
public's best interest and therefore denied the Eaton and Smith's
Petitions accordingly. In addition, the Eagle County Board of
Commissioners found that exclusion of the Terry property from the
District would be in the public's best interest as the Terry
property had never been a part of either the Lake Creek
Metropolitan District or the Edwards Metropolitan District.
Therefore, the Terry Petition was granted accordingly.
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Commissioner moved adoption
of the followi Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 93- ,/Off
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AUTHORIZING APPROVAL OF
SERVICE PLAN OF PROPOSED
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CONSOLIDATED EDWARDS METROPOLITAN DISTRICT
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WHEREAS, pursuant to the provisions of 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 Consolidated Edwards Metropolitan District on the
24th day of August, 1993; and
WHEREAS, Notice of the Hearing was duly published in The Eagle
Valley Enterprise a newspaper of general circulation within the
County, on August 5, 12 and 19, 1993, as required by law, and
Notice was forwarded to the Petitioners, the Division of Local
Government, and the governing body of. each municipality and
special district which has levied an ad valorem tax within the next
preceding tax year and which has boundaries within a radius of
three miles of the proposed District; and
WHEREAS, pursuant to C.R.S. 32 - 1 - 204(1.5) Postcard
Notification was given to property owners within the proposed
Consolidated Edwards Metropolitan District; and-
WHEREAS, the Board has considered the Service Plan and all
other testimony and evidence presented at the Hearing; and
WHEREAS, it appears that the Service Plan should be approved
subject to certain conditions or modifications.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT pursuant to C.R.S. 32 -1 -305, the Eagle County Board of
Commissioners received three separate Petitions for Exclusion from
the District. Said Petitions were filed by Joyce Terry, Bruce
Eaton and Paul Smith. After reviewing the Petitions and hearing
testimony the Eagle County Board of Commissioners found that
exclusion of the Eaton and Smith properties would not be in the
public's best interest and therefore denied the Eaton and Smith's
Petitions accordingly. In addition, the Eagle County Board of
Commissioners found that exclusion of the Terry property from the
District would be in the public's best interest as the Terry
property had never been a part of either the Lake Creek
Metropolitan District or the Edwards Metropolitan District.
Therefore, the Terry Petition was granted accordingly.
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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, C.R.S., as amended, relating to the
filing of a Service Plan for the proposed Consolidated Edwards
Metropolitan District have been fulfilled and that Notice of the
Hearing was given in the time and manner required by law.
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 District;
(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 District is capable of provid-
ing economic and sufficient service to the area
within its proposed boundaries;
(e) The area to be included in the proposed District
has, or will have the financial ability to
discharge the proposed indebtedness on a reasonable
basis;
(f) The facility and service standards of the proposed
District are compatible with the facility and
service standards of each county within which the
proposed District is to be located and each
municipality which is an interested party under
Section 32 -1- 204(1) C.R.S., as amended;
(g) The proposal is in substantial compliance with a
master plan adopted pursuant to Section 30 -28 -106,
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
(i) The creation of the proposed District will be in
the best interests of the area proposed to be
served.
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THAT the Service Plan of the proposed Consolidated Edwards
Metropolitan District is hereby approved, conditioned upon the
following modification being made to the Service Plan prior to the
organization of the District by the District Court, to wit:
Notice of the Service Plan of the Consolidated
Edwards 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 organize the District. Said Notice
shall also include the legal description of
the boundaries of the District, a notice of
any authorized (but unissued) indebtedness,
and a notice of any other indebtedness issued
by one or both of the District. Copies of the
Service Plan shall be made available to the
general public by the Consolidated Edwards
Metropolitan District upon request.
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.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, State'of Colorado, this 4 day of
September, 1993.
��► COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
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Clerk to E9 Board of
County Commissioners
By: �-
George/'A. Gates, Chairman
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J {hnnette Phillips, Commissioner
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Commissioner
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seconded adoption of the
foregoing resol ion. Th roll having been called, the vote was as
follows:
Commissioner George A. Gates _
Commissioner Johnnette Phillips _
Commissioner James E. Johnson, Jr.
This Resolution passed by 3- vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
service.edw
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