HomeMy WebLinkAboutR98-098 Eagle Ranch Metropolitan District Service Plan • •
Commissioner 6ttp,0 moved adoption
of the following Resolution:
BOARD OF COUNTY COMIVIISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 98 - 98(
RESOLUTION REGARDING SERVICE PLAN FOR
EAGLE RANCH 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 Eagle Ranch Metropolitan District ( "District ") in Eagle County,
Colorado on May 29, 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 1:30 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 Department 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., waE 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
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recommended approval of the Service Plan with conditions, 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 oil 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 finds 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 include( 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, with the revision of the legal description of the boundaries of the proposed
District, and 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.
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MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the ffez , day of
zi a 4 ,17, , 1998.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: ",` 0 BOARD OF COUNTY COMMISSIONERS d)"
By
Clerk to the Bo rd of . 11 - s E. Johnson, .
County Commissioners Chairman
George A. Gates
Commissioner
1
Johnnette Phillips
Commissioner
Commissioner Ph seconded adoption of the foregoing Resolution. The
roll having been called, the vote was as follows:
Commissioner Johnson
Commissioner Gates
2;
Commissioner Philips a..1.C_
This Resolution passed by c? - 0 vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
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EXHIBIT A
TO
EAGLE RANCH METROPOLITAN DISTRICT SERVICE PLAN
Service Plan approval is subject to the following conditions:
1. The legal description of the Eagle Ranch Metropolitan District is modified to reflect that
which was last remitted by Proponents.
2. The services of Transportation and Television Relay and Translation shall be removed
from the Service Plan and from District authority.
3. The Service Plan relates to a proposed development to be undertaken upon the annexation
of the property by the Town of Eagle, and the proposed development is being reviewed
for zoning and subdivision approval by the Town of Eagle. Accordingly, the approval of
the Service Plan is conditioned upon the annexation of the property to be included within
the District by the Town of Eagle on or before November 1, 1999, failing which this
approval shall have no force or effect and the District (if formed) immediately shall be
dissolved in accordance with law.
4. The approval is based upon the review and approval of the Service Plan by the Town of
Eagle, and the consents of Western Eagle County Metropolitan Recreation District and
Greater Eagle Fire Protection District, the resolutions therefor being attached hereto
marked as Exhibit B.
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EXHIBIT B
RESOLTION OF THE BOARD OF TRUSTEES OF THE TOWN OF EAGLE,
COLORADO, APPROVING THE SERVICE PLAN OF
EAGLE RANCH METROPOLITAN DISTRICT
WHEREAS, the Town of Eagle, Colorado (the "Town "), is a statutory town duly
organized and existing under Section 31 -2 -100 C.R.S.; and
WHEREAS, the members of the Board of Trustees (the "Board ") have been duly
elected, chosen and qualified; and
WHEREAS, pursuant to the provisions of the "Special District Control Act ",
Part 2 of Article 1, Title 32, C.R.S., the Proponents of the proposed Eagle Ranch Metropolitan
District ( "District ") submitted to Eagle County and to the Town a Service Plan, which Service
Plan outlines the terms and conditions under which the District will be authorized to exist; and
WHEREAS, the Board scheduled a public meeting on the Service Plan to be
held on July 21, 1998; and
WHEREAS, the proposed District is expected to be annexed into the corporate
limits of the Town; and
WHEREAS, Sections 32- 1- 204.5(1), 32- 1- 205(1) and 32 -1- 301(3), C.R.S.
require that any petition to the District Court for the creation of a special district,
pursuant to the Act, which is confined exclusively within the boundaries of any municipality,
shall be approved by the governing body of the municipality, which approval will be based upon
the presentation of a Service Plan defining the powers and authorities of the proposed District;
and
WHEREAS, the Board's approval of the Service Plan is sought even though not yet in
the Town and shall be subject to and based upon those conditions and limitations contained in
the Service Plan and attached to this Resolution, if any.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF EAGLE, COLORADO:
1. Board hereby determines that all of the jurisdictional and other requirements of
Sections 32 -1- 202(2) and 32 -1- 204.5(1), C.R.S., have been fulfilled, including those relating to
the filing and form of the Service Plan.
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2. Board does hereby find and determine that:
A. There is sufficient existing and projected need for organized service in the
area to be serviced by the proposed District.
B. The existing service in the area to be serviced by the proposed District is
inadequate for present and projected needs.
C. The proposed District is capable of providing economical and sufficient
service to the area within the proposed boundaries.
D. 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.
3. Board hereby approves the Service Plan conditioned upon modification of the
Service Plan to include additional language substantially in conformance with that shown in
Exhibit 1, attached hereto and incorporated herein by this reference. The terms, provisions, and
limitations of the Service Plan are incorporated herein by this reference and form the basis of
Board's approval of the organization of the District. The services and facilities to be provided by
the District and the powers provided by the District shall be subject to the limitations expressed in
the Service Plan. Any departure by the proposed District from the provisions of the Service Plan
must be approved by resolution of the Board.
4. The Town Clerk is hereby directed to advise the Proponents in writing of this
action and to attach a certified copy of this Resolution for the purpose of filing the same with the
Eagle County Commissioners.
5. This Resolution shall take effect immediately upon passage.
6. Authorization. The officers of the Town are authorized and directed to take all
action necessary or appropriate to effectuate the provisions of this Resolution.
7. Repealer. All acts, orders, resolutions, or parts thereof, of the Town that are
inconsistent or in conflict with this Resolution, are hereby repealed to the extent only of such
inconsistency or conflict.
8. Severabilitv. Should any part or provision of this Resolution by adjudged
unenforceable or invalid, such judgment shall not affect, impair, or invalidate the remaining
provisions of this Resolution, it being the intention that the various provisions hereof are
severable.
This Resolution was introduced, read and adopted upon a motion duly ,nade, seconded
and passed this 21 day of July, 1998 by a vote of 7 in favor and 0 against.
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EXHIBIT 1
Upon full payment of all outstanding indebtedness, and upon a finding by the Town of
Eagle that no significant ongoing municipal services are being provided to District
residents by the District, the Eagle Ranch Metropolitan District shall initiate and
complete dissolution proceedings.
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BOARD OF TRUSTESS
TOWN OF EAGLE, COLORADO
BY• U�C� -Q J � ��,
Mayor
ATTEST:
Cr,
Town Clerk
AUG 07 '98 11 :29AM EAST WEST4WRIGHT &CO. P.2
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RESOLUTION OF CONSENT
WHEREAS, Greater Eagle Fire Protection District ( "GEFPD ") has been presented with
the proposed Service Plan of the Eagle Ranch Metropolitan Distrct, which Service Plan was
filed with the Eagle County Clerk and Recorder on May 29, 1998; and
WHEREAS, the proposal of Eagle Ranch Metropolitan District includes the provision of
fire protection services in cooperation and in conjunction with GEFPD; and
WHEREAS, GEFPD has reviewed the proposal and agrees to Limited fire services to be
provided by Eagle Ranch Metropolitan District, as conditioned herein.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Greater Eagle
Fire Protection District that it does, pursuant to Subsection 32- 1- 107(2)(b)(IV), C.R.S., give its
consent to the overlapping of Eagle Ranch Metropolitan District pursuant to the following
limited conditions:
1. Eagle Ranch Metropolitan District shall only provide fire protection service to the
extent specifically approved of by the Board of Directors of Greater Eagle Fire Protection
District. Eagle Ranch Metropolitan District shall seek and obtain such approval prior to
providing fire protection service. This resolution is for the se of consenting to the
P� S
overlapping of district boundaries and does not provide consent to the provision of any service.
9
'a this 9 da of July, 1998, by vote of .S in favor and 0 against.
( /11f4/4...
AUG 07 '98 11:29AM EAST WEST /WRIGHT &CO. P.3
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RESOLUTION OF CONSENT
WHEREAS, WESTERN EAGLE COUNTY METROPOLITAN RECREATION
DISTRICT ( "WECMRD ") has peen presented with the proposed Service plan of the Eagle
Ranch Metropolitan District, which Service Plan was filed with the Eagle County Clerk and
Recorder on May 29, 1998; and
WHEREAS, the proposal of Eagle Ranch Metropolitan District includes the provision of
park and recreation services, solely for the purpose of constructing, operating and maintaining an
18 hole golf course, bicycle and walking trails, and formal and pocket parks, which are not
services WECMRD is prepared to provide within the boundaries of Eagle Ranch Metropolitan
District; and
WHEREAS, additional park and recreation amenities and facilities may be provided with
the specific approval of WECMRD; and
WHEREAS, WECMRD has reviewed the proposal and agrees to the above described
park and recreation facilities and services to be provided by Eagle Ranch Metropolitan District,
as conditioned herein.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Western
Eagle County Metropolitan District that it does, pursuant to Subsection 32- 1- 107(2)(b)(IV),
C.R.S., give its consent to the overlapping of Eagle Ranch Metropolitan District pursuant to the
following limited conditions:
1. Eagle Ranch Metropolitan District shall only construct, operate and maintain an 18
hole golf course, bicycle and walking trails, formal parks, and pocket parks.
2. Any additional park and recreation services which Eagle Ranch Metropolitan District
may desire to provide in the future, will be designed, inspected, and specifically
approved by the Board of Directors of WECMRD prior to construction or provision
of service.
3, All other park and recreation services will continue to be provided by WECMRD.
Passed this 2( day of . I t�, , 1998, by vote of 4 in favor and 0 against.
* 1 R bs e. t~
1.._1 4.0
