HomeMy WebLinkAboutR03-110 Modification of Service Plan for Mid Valley Metropolitan District510~~~
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09/24/2003 02:00F
Teak J Simonton Eagle, CO 370 R 0.00 D 0.00
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Commissioner ~- ~ moved adoption
of the following Resolution:
BOARD OF COUNTY COMNIISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2003 - lG
IN RE THE MATTER OF THE MODIFICATION
OF THE SERVICE PLAN FOR THE •
MID VALLEY METROPOLITAN•DISTRICT
WHEREAS, pursuant to the provisions of Sections 32-1-203 and 32-1-205, Colorado
Revised Statutes, the Board of County Commissioners of the County of Eagle, State of Colorado
(hereinafter "Board") by Resolution No. 82-104, on November 23, 1982 approved a Service Plan
for the Mid Valley Metropolitan District (hereinafter "District); and
WHEREAS, District, acting through its board of directors, proposes to modify its
Service Plan to extend the boundary of the District to include the land described in Exhibit "A"
attached hereto; and
WHEREAS, the additional property sought to be included within the District is the
Cerise Ranch subdivision, approximately 294.453 acres, all located within Garfield County (the
portion of the Cerise Ranch subdivision comprised of approximately 6.48 acres of open space
located in Eagle County is not proposed for inclusion in the District); and
WI~REAS, the Cerise Ranch subdivision desires to be included in the District in order
to provide the property with District water and sewer service; and
WHEREAS, the proposed District sewer system for the Cerise Ranch subdivision
consists of two gravity flow lines to a lift station pump-back and forced main that will tie into
and deliver the wastewater to existing District-owned sewer infrastructure that will then deliver it
to the District's Wastewater Treatment Facility. All improvements proposed for the project will
be located in Garfield County; and
WHEREAS, District proposes to take over the existing potable water system and use it to
serve the property, most likely as an interconnected District system and District will receive the
water rights associated with the potable water system; and
WHEREAS, District has asked the Board to determine that the proposed modification is
not a material modification of the Service Plan requiring the Board's approval pursuant to
Section 32-1-207, Colorado Revised Statutes; and
•
Commissioner v~~ moved adoption
of the following Resolution:
BOARD OF COUNTY CONINIISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2003 - 0
IN RE THE MATTER OF THE MODIFICATION
OF THE SERVICE PLAN FOR THE
MID VALLEY METROPOLITAN•DISTRICT
WHEREAS, pursuant to the provisions of Sections 32-1-203 and 32-1-205, Colorado
Revised Statutes, the Board of County Commissioners of the County of Eagle, State of Colorado
(hereinafter `Board") by Resolution No. 82-104, on November 23, 1982 approved a Service Plan
for the Mid Valley Metropolitan District (hereinafter "District); and
WHEREAS, District, acting through its board of directors, proposes to modify its
Service Plan to extend the boundary of the District to include the land described in Exhibit "A"
attached hereto; and
WHEREAS, the additional property sought to be included within the District is the
Cerise Ranch subdivision, approximately 294.453 acres, all located within Garfield County (the
portion of the Cerise Ranch subdivision comprised of approximately 6.48 acres of open space
located in Eagle County is not proposed for inclusion in the District); and
WHEREAS, the Cerise Ranch subdivision desires to be included in the District in order
to provide the property with District water and sewer service; and
WHEREAS, the proposed District sewer system for the Cerise Ranch subdivision
consists of two gravity flow lines to a lift station pump-back and forced main that will tie into
and deliver the wastewater to existing District-owned sewer infrastructure that will then deliver it
to the District's Wastewater Treatment Facility. All improvements proposed for the project will
be located in Garfield ^ounty; and
WHEREAS, District proposes to take over the existing potable water system and use it to
serve the property, most likely as an interconnected District system and District will receive the
water rights associated with the potable water system; and
WHEREAS, District has asked the Board to determine that the proposed modification is
not a material modification of the Service Plan requiring the Board's approval pursuant to
Section 32-1-207, Colorado Revised Statutes; and
•
WHEREAS, the proposed modification to the Service Plan does not add to the types of
services provided by the District to properties in the existing boundary, decrease the level of
services, decrease the financial ability of the District to discharge its existing or proposed
indebtedness, or decrease the existing or projected need for organized services in the area; and
WHEREAS, based upon the foregoing the Board finds, determines and declares that the
proposed modification of District's Service Plan does not constitute a change of a basic or
essential nature; and
WHEREAS, the Board of County Commissioners of Garfield County has determined
that the proposed inclusion is not a material modification of the District's Service Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMIVIISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Board hereby determines that the proposed extension of the boundary of the
District and the service of projected needs within the expanded boundary is not a material
modification of the District's Service Plan requiring approval by the Board, pursuant to Section
32-1-207, Colorado Revised Statutes.
THAT, the Board's determination herein shall not be construed nor deemed to be
construed as obligating the present Board or future Boards in any way whatsoever to approve
zoning, rezoning or subdivision applications with respect to the land within the extended
boundary of the District, but that such land use determinations shall be considered entirely
separate and independent of the Board's actions herein.
THAT, the Board's determination herein shall not be construed nor deemed to be
construed as obligating the present Board or future Boards in any way whatsoever to approve any
permit or application with respect to the extension of the District's domestic water and/or sewage
treatment systems, or any request for a waiver of the regulations applicable to such permits or
applications, but that such determinations shall be considered entirely separate and independent
of the Board's actions herein.
THAT, the Board's determination herein shall not be construed nor deemed to be
construed as obligating the present Board or future Boards in any way whatsoever with respect to
any future applications to extend the boundary of the District, which Boards may find that such
extensions represent modifications of the Service Plan of a basic or essential nature, requiring
approval by the Board.
MOVED, READ AND ADOPTED by the Board of County C mmissioners of the
C unty of Eagle, State of Colorado, at its regular meeting held the ~ day of
2003.
ATTEST: COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
o~ ~~~ c®~ BOARD OF COUNTY COMMISSIONERS
~.
®c~~~' By:
Teak J. Simon on, Michael L. Galla er,
Clerk to the Board of Chairman
County Commissioners
Tom .Stone,
'ssioner
enconi,
Commissioner
Commissioner seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows.
Commissioner Michael L. Gallagher
Commissioner Tom C. Stone
Commissioner Arn M. Menconi
This Resolution passed by ~.3 vote of the Board of County Commissioners
of the County of Eagle, State of Colorado.
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Y
. ' ' ~ ~ E~C1-11f31T A ~
Lot Nos. 1-5, 47-68 of the Cerise Ranch Subdivision, Phase 1, situated in
parts of Sections 29, 32 and: 33, Township 7 South, Range 87 West of the
6~' P.M., Countyof Garfield, State of Colorado, according to the Final Plat
thereof recorded in the office of the Clerk and Recorder of Garfield County,
Colorado as Recepfiion No. 573538.
Lot Nos. 6-46 of the Cerise Ranch .Subdivision, Phase 2, situated in parts
of Sections 29, 32 and 33, Township 7 South, Range 87 West of the 6~'
P.M., County.of Garfield, State of~Golorado, according fo the .Final Plaf
thereof recorded in the OfFce of the Clerk and Recorder of Garfield County,
~ Colorado as Ret~ption Nd: 589152.
