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HomeMy WebLinkAboutR83-065 - conversion of edwards water district to edwards metro districtSTATE OF COLORADO ) ) ss COUNTY OF EAGLE ) The Board of County Commissioners of Eagle County, Colorado met in regular session at the Eagle County Court- house in Eagle, Colorado, the regular meeting place of said Board, at the hour of 2:30 p.m., on Thursday, the 25th day of August, 1983. Present: Commissioners: County Clerk and Recorder: County Attorney: Absent: Commissioner David E. Mott Commissioner Dan Williams Commissioner Keith Troxel Johnette Phillips Beth A. Whittier None Thereupon, the following proceedings, among others, were had and taken. A hearing on the Service Plan and related documents for the conversion of Edwards Water District to Edwards Metro- politan District was held by the Board of County Commissioners pursuant to the provisions of the Special District Act, more particularly, 32 -1 -207, C.R.S. 1973, as amended and in ac- cordance with the resolution adopted by the Board on the 28th day of July, 1983. Thereupon, Commissioner Troxel introduced and moved the adoption of the following Resolution: 1 ,� IASI r RESOLUTION WHEREAS, pursuant to the provisions of the Special District Act, more particularly, 32 -1 -207 and 32 -1- 1006(2), C.R.S. 1973, as amended, the Board of County Commissioners of Eagle County, Colorado, on Thursday, the 25th day of August, 1983, held a public hearing on the Service Plan and related documents for the proposed conversion of Edwards Water District to Edwards Metropolitan District; and WHEREAS, notice of this hearing was duly published in the Eagle Valley Enterprise, Eagle, Colorado, a newspaper of general circulation within Eagle County, said publication occurring on August 4, 11, and 18, 1983, as required by law, forwarded to the Petitioners, and mailed to 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, the Division of Local Government, and to the Eagle County Planning Commission; and WHEREAS, the Petitioners, at said hearing, filed Peti- tioner's Exhibit G as an addendum /modification to Edwards Metropolitan District's Service Plan, which addendum /modifi- cation has been made a part of said Service Plan; 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 with condition; ,.. _ .R fr.eW.ic.. .ni. j�YaBHrt:4, `^q44 ^. ..�pi#n '6t� •4• THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF EAGLE COUNTY, COLORADO: 1. That the Board of County Commissioners of Eagle County, Colorado, does hereby determine that all of the requirements of 32 -1 -207, C.R.S. 1973, as amended, relating to the filing of the Service Plan for conversion of Edwards Water District to Edwards Metropolitan District have been fulfilled and that notice of the hearing was duly given in the time and manner required by law. 2. That said publication of the Notice of Hearing on Service Plan in the Eagle Valley Enterprise, a newspaper of general circulation within the County, is hereby approved. 3. That the Service Plan with addendum /modification of the Edwards Metropolitan District is hereby approved with condition, which conditions are as follows: A. Petitioner's Exhibit G concerning park and recreation facilities is to be incorporated into the Service Plan. B. The power to maintain all roads and drainage facilities is to be added to the District's authorized powers and incorporated into the Service Plan. C. Construction reimbursement for streets and roads which do not qualify for Collector and Arterial status is to be eliminated from the Service Plan; and 70% to 80% of the approximately $4.7 million allocated to road construction shall be eliminated from the Serv- ice Plan. 3 4. That when the proponents amend the Service Plan in accordance with the afore stated conditions, a resolution of approval shall be passed by the Board of County Commissioners. 5. That all resolutions, or parts hereof, in conflict with the provisions hereof, are hereby repealed, except that this repealer shall not be construed so as to revive any resolution or part thereof heretofore repealed. 6. That a certified copy of this Resolution be filed in the records of Eagle County and submitted to the Peti- tioners for the purpose of filing in the District Court of Eagle County, Colorado. ADOPTED AND APPROVED this 25th d f August, 1983. Chairman Board of County Commissioners Eagle County, Colorado (COUNTY SEAL) unty Clerk an Recorder Eagle County, Colorado 4 STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) I, Johnette Phillips, County Clerk and Recorder of the County of Eagle, State of Colorado, do hereby certify that the foregoing pages numbered 1 to 4, inclusive, constitute a true and correct copy of the record of proceedings of the Board of County Commissioners of said County, taken at a regular meeting thereof held on Thursday, the 25th day of August, 1983, at 2:30 p.m. in Eagle County, Colorado, insofar as said proceedings relate to a Resolution, a copy of which is therein set forth; that said copy 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, sealed with the seal of the County and recorded in the Book of Resolutions of the County kept for that purpose in my office. I further certify that the Chairman and two members of the Board of County Commissioners were present at said meeting and that two members of the Board voted in favor of and one member voted against the adoption of the Resolution as set forth in the minutes of the meeting. IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Eagle, Colorado, this day of September, 1983. (COUNTY SEAL) Qt6unty Clerk an ecorder Eagle County, Colorado