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Home My WebLink AboutR11-093 Eagle-Vail Metro District Service Plan Amended COMMISSIONER 1-1`1 0 ti MOVED ADOPTION OF THE FOLLOWING RESOLUTION: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2011 - Q� 7 RESOLUTION APROVING THE AMENDED AND RESTATED SERVICE PLAN FOR EAGLE -VAIL 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., on April 15, 2011, the Board of Directors of the Eagle -Vail Metropolitan District (the "District ") filed with the Clerk of the Board of County Commissioners of Eagle County, Colorado, an Amended and Restated Service Plan for the District for the purpose of updating the District's Service Plan (last amended in 1980) and authorizing the District to have powers and provide services commensurate with State law and other metropolitan districts in Eagle County (except for limitations on fire protection and sanitation services which are currently provided by other governmental entities); 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 Amended and Restated Service Plan to be held at 9:00 a.m. on June 14, 2011; and WHEREAS, notice of the date, time and location and purpose of said hearin g was duly published in the Eagle Valley Enterprise, a newspaper of general circulation, on May 19, 2011; notice of the date, time and location of the hearing was provided to the Division of Local Government in the Department of Local Affairs, to the District and 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 as required by Subsections 32 -1- 202(1) and 32- 1- 204(1), C.R.S.; notice was mailed to the property owners within the District boundaries, pursuant to Subsection 32- 1- 204(1.5), C.R.S.; and WHEREAS, the Eagle County Planning Commission studied and considered the Amended and Restated Service Plan at its meeting of May 4, 2011, and at which time said Commission recommended certain revisions to the Amended and Restated Service Plan, which revisions were subsequently made and presented to the Board of County Commissioners, as required by Subsection 32 -1- 204(2), C.R.S.; and WHEREAS, this Board did on June 14, 2011, 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 Amended and Restated Service Plan and all testimony and other evidence presented to it in this matter relating to the Amended and Restated 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 Amended and Restated Service Plan, the form and publication of the public notice of the hearing on the Amended and Restated Service Plan and the type of public hearing held herein. Section 2. Based upon the information contained within the Amended and Restated 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 Amended and Restated Service Plan in the area serviced by the District; B. The existing services in the area served by the District are inadequate for present and projected needs; C. The District is capable of providing economical and sufficient services to the area within its boundaries; D. The area within the District has 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 District are or will be compatible with the facilities and service standards of Eagle County; G. The Amended and Restated Service Plan is in substantial compliance with the Eagle County Master Plan; H. The proposal is in compliance with the long -range water quality management plan for the area; and I. The Amended and Restated Service Plan will be in the best interest of the area served. Section 3. The Amended and Restated Service Plan of the District shall be and is hereby approved without conditions. Section 4. The Clerk to the Board is hereby directed to advise the District 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 Co missioners of the County of Eagle, State of Colorado, at its regular meeting held the lAth day of J e, 2011. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BO • ` D ► COUNTY •MMISSIONERS A By: t 1� Jo ill vney, i m Peter F. Runyon, Com ner SegAXL_ Sara J. Fisher, Co 'ssioner tAct' Attest: ° :\;4 w 4111 - • • RP6W Clerk to the Bo of County Commissioners DK.pv i Commissioner — 4 S - seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Stavney ' Commissioner Runyon Commissioner Fisher 41-► This Resolution passed by 5/ U vote of the Board of County Commissioners of the County of Eagle, State of Colorado.