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HomeMy WebLinkAboutR98-097 Two Rivers Metropolitan District Service Plan • • Commissioner f0 iP.c„,n moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 98 - 47 RESOLUTION REGARDING 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 statutes; and WHEREAS, pursuant to the provisions of the "Special District Control Act ", Part 2 of Article 1, Title 32, C.R.S., the Petitioners of the proposed District filed a Service Plan for the proposed Two Rivers Metropolitan District ( "District ") in Eagle County, Colorado on May 22, 1998; and WHEREAS, pursuant to the provisions of Subsections 32 -1- 202(1) and 32 -1- 204(1), C.R.S., the Board of County Commissioners of Eagle County, Colorado, scheduled a public hearing on the Service Plan to be held at 2:00 p.m. on July 27, 1998; and WHEREAS, notice of the date, time and location and purpose of said hearing was duly published in the Eagle Valley Enterprise, a newspaper of general circulation, on July 2, 1998; notice was provided to the Division of Local Government in the Depaitnient of Local Affairs of the name and type of the proposed District; notice of the date, time and location of the said hearing was provided to the Petitioners; to the governing body of each municipality and of each special district which had levied an ad valorem tax within the next preceding tax year and which had boundaries within a radius of three (3) miles of the District; and to said Division, as required by Subsections 32 -1- 202(1) and 32- 1- 204(1), C.R.S.; mailing of a letter notification to the property owners within the proposed District boundaries, pursuant to Subsection 32 -1- 204(1.5), C.R.S., was not required since the Petitioners represent 100 % of such property owners; and WHEREAS, the Eagle County Planning Commission studied and considered the Service Plan at its meeting of July 1, 1998, and at which time said Commission • • recommended certain conditions to the Service Plan, which recommendations were subsequently presented to the Board of County Commissioners, as required by Subsection 32 -1- 204(2), C.R.S.; and WHEREAS, this Board did on July 27, 1998, conduct a full public hearing on this matter, taking evidence establishing the jurisdiction of the Board to hear this matter, and further taking evidence regarding the substantive issues set forth in Section 32 -1 -203, C.R.S., at which hearing all interested parties were afforded an opportunity to be heard; and WHEREAS, this Board has fully considered the Service Plan and all testimony and other evidence presented to it in this matter relating to the Service Plan, including the favorable recommendation of the Eagle County Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: Section 1. The Board hereby determines that all of the jurisdictional and other requirements of Sections 32 -1 -202 and 32 -1 -204, C.R.S., have been fulfilled, including those relating to the filing and form of the Service Plan, the form and publication of the public notice of the hearing on the Service Plan and the type of public hearing held herein. Section 2. Based upon the information contained within the Service Plan and evidence presented to the Board at the hearing, the Board hereby fords and determines as follows: A. There is sufficient existing and projected need for organized services of the nature proposed in the Service Plan in the area to be serviced by the proposed District; B. The existing services in the area to be served by the proposed District are inadequate for present and projected needs; C. The proposed District is capable of providing economical and sufficient services to the area within its proposed boundaries; D. The area to be included within the proposed District will have the financial ability to discharge the proposed indebtedness on a reasonable basis; • • E. Adequate services are not and will not be available to the area through Eagle County, or other governmental organization, including special districts, within a reasonable time and on a comparable basis; F. The facilities and service standards of the proposed District are or will be compatible with the facilities and service standards of Eagle County; G. The Service Plan is in substantial compliance with the Eagle County Master Plan; and H. The proposal is in compliance with the long -range water quality management plan for the area; and I. The creation of the proposed District will be in the best interest of the area proposed to be served. Section 3. The Service Plan of the proposed District shall be and is hereby approved upon the conditions outlined on Exhibit A attached hereto and incorporated herein by this reference. Section 4. The Clerk to the Board is hereby directed to advise the Petitioners in writing of this action and to attach a certified copy of this Resolution for the purpose of filing the same with the District Court of Eagle County. Section 5. All Resolutions, or parts thereof, in conflict with the provisions hereof, are hereby repealed to the extent of such conflict only. Section 6. This Resolution, immediately upon its passage, shall be authenticated by the signatures of the Board of County Commissioners and the County Clerk and Recorder and sealed with the corporate seal of the County. Section 7. This Resolution is necessary for the public health, safety and welfare of the citizenry 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 lor, day of 1998. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: * BOARD OF COUNTY COMMISSIONERS -top . By Clerk to the Board of .mss E. Johnsoi r. County Commissioners s airman Georg A Gates ommi sioner ohnnette Phillips Commissioner Commissioner (C seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Johnson Commissioner Gates Q, Commissioner Philips This Resolution passed by - 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. • • EXHIBIT A TO TWO RIVERS METROPOLITAN DISTRICT SERVICE PLAN Service Plan approval is subject to the following conditions: 1. Delete subsection 3(c) [Page 9] of the Service Plan and replace it with the following: "The District shall manage and maintain the flood control dike along the Colorado River, and shall at all times maintain general liability insurance covering liability arising from those activities." 2. Prior to final approval by the District Court, the Proponents shall receive a Consent Resolution from the Western Eagle County Metropolitan Recreation District. 3. The 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. 4. The Developer or the District shall conclude the pending receipt of a Conditional Letter of Map Revision (CLOMR) regarding the 100 -year flood plain.