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Home My WebLink AboutR01-154 extension of service plan for Two Rivers Metro Districts 8 -S W r COMMISSIONER /)I) moved adoption of the following solution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2001- - 164 A RESOLUTION REGARDING EXTENSION OF APPROVAL OF SERVICE PLAN FOR TWO RIVERS METROPOLITAN DISTRICT WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado is vested with administering the affairs of Eagle County, Colorado, pursuant to state statute; and WHEREAS, pursuant to the provisions of the "Special District Control Act ", Part 2 of Article 1, Title 32, C.R.S., the Board of County Commissioners, on the 10' day of August, 1998 did unanimously approve the Service Plan for the Two Rivers Metropolitan District with four conditions which were attached to the Resolution of the approval as Exhibit "A "; and WHEREAS, condition number 3 of the Resolution approving the Two Rivers Metropolitan District Service Plan provided that "approval of the Service Plan should be rescinded if the property within the Service Plan is not granted an approval of a Final Plat by November 1, 1999 "; and WHEREAS, Petitioners have acknowledged that approval of the Final Plat did not occur by November 1, 1999, and did seek and obtain approval of the County Commissioners for a modification of condition number 3 extending the date to November 1, 2000, all via Resolution No. 2000 -046 of the Eagle County Commissioners, approved at its March 20, 2000 Board meeting; and WHEREAS, Petitioners have acknowledged that approval of the Final Plat did not occur by November 1, 2000, and did seek and obtain approval of the County Commissioners for a modification of condition number 3 extending the date to November 1, 2001, all via Resolution No. 2000 -161 of the Eagle County Commissioners, approved at its November 13, 2000 Board meeting; and WHEREAS, Petitioners have acknowledged that approval of the Final Plat still has not occurred, and therefore, requests that the condition number 3 be extended; and WHEREAS, the Petitioners received approval of an amended preliminary plan on September 18, 2000; and b cl; WHEREAS, pursuant to Eagle County Land Use Regulation section 5 -240 (F)(3)(k)(2) the preliminary plan expires on September 18, 2005; and WHEREAS, the dates for possible recission of the Service Plan have not been consistent with the dates set forth in Eagle County Land Use Regulations; and WHEREAS, C.R.S. section 32 -1 -207 permits the Board of County Commissioners to request an annual report from the Petitioners to include but not be limited to information on the progress of the Special District in the implementation of the Service Plan and shall include financial information illustrating the financial position of the District. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMIVIISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO THAT the Board of County Commissioners hereby amend condition number 3 contained in the County Commissioners' Resolution No. 98 -97 as further modified in Resolution No. 2000 -046 and Resolution No. 2000 -161 to the following: No. 3. Approval of the Service Plan shall be rescinded at the same time the current Two Rivers PUD preliminary plan approval expires which is September 18, 2005 if development of the first phase is not complete by that date; and The Two Rivers Metropolitan District shall file an annual report by January 1 of each year with the Board of County Commissioners as permitted by C.R.S. 32 -1 -207, such report shall include but shall not be limited to information on the progress of the Special District in the implementation of the Service Plan and shall include financial information illustrating the financial position of the district. All other approvals and actions concerning approval of the Service Plan remain effective and valid. 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 2001, Nunc Pro Tunc October 30, 2001. s a ATTEST:: Clerk to the Board COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its Board of County Commissioners Ia 1. Commissioner seconded adoption of the foregoing resolution. The roll having been called, t e vote was as follows: Commissioner Tom C. Stone Commissioner Michael L. Gallagher Commissioner Am Menconi This Resolution passed by � ` d vote of the Board of County Commissioners of the County of Eagle, State of Colorado. OFFICE OF THE COUNTY ATTORNEY (970) 328 -8685 FAX (970) 328 -8699 EAGLE COUNTY, COLORADO December 14, 2001 Richard M. Poffenbarger, Attorney P.O. Box 3240 Eagle, CO 81631 Re: A Resolution Regarding Extension of Approval of Service Plan for Two Rivers Metropolitan District Dear Rick: Eagle County Building P.O. Box 850 500 Broadway Eagle, Colorado 81631 -0850 Enclosed is a fully executed original regarding the service plan for Two Rivers Metro District. We understand that you will forward this information to your client. Thanks! Sincerely, Lucy Grewe� County Attorney's Office Enc.