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Home My WebLink AboutR11-116 Cedar Drive Local Improvement District EAGLE COUNTY, CO 201117855 TEAK J SIMONTON o J REC: 50.00 DOC :1S1�42 =46AM 08/27/ 20 1 111 1111 11 111 11111111111111111 Commissioner T l J moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO • RESOLUTION NO. 2011- f < <Q RESOLUTION APPROVING FORMATION OF A LOCAL IMPROVEMENT DISTRICT PURSUANT TO COLORADO REVISED STATUTES SECTION 30 -20 -601 ET SEQ. FOR THE PURPOSES OF FUNDING THE 10 PERCENT LOCAL MATCH PORTION OF A $1.3 MILLION FEDERAL HAZARD ELIMINATION•GRANT FOR IMPROVEMENTS TO CEDAR DRIVE, PROVIDING FOR PAYMENT OF PLANNING AND LEGAL FEES INCURRED IN CREATING THE DISTRICT AND PROVIDING FOR MAINTENANCE OF THE PORTION OF CEDAR DRIVE IMPROVED BY FEDERAL GRANT WHEREAS, on June 14, 2011, a Petition for Formation of a Local Improvement District (the "LID ") was submitted to the County; and WHEREAS, the County Attorney and County Clerk and Recorder determined that the Petition and materials submitted therewith met the requirements of CRS 30 -20 -601 et. seq. for the Board of County Commissioners to hold a noticed public hearing on whether to form the proposed LID; and WHEREAS, by Resolution No. 2011 -84 the Board of County Commissioners, on July 26, 2011, approved a Resolution Ordering Publication in accordance with the requirements of C.R.S. Section 30 -20 -601 et seq. by the County Clerk and Recorder of a Notice of Hearing on such Petition to be held before the Board of County Commissioners at 6:00 p.m. on August 30, 2011, at the Eagle County Community Center in El Jebel, Colorado; and WHEREAS, such publication was made and such hearing was held as noticed; and WHEREAS, at such hearing the representatives of the Petitioners made a presentation on behalf of the Petitioners and responded to questions from the Commissioners concerning the request contained in the Petition, and representatives of the County Engineering Department answered questions of the Commissioners concerning the need for the road improvements to be financed by the federal grant and local match; and • WHEREAS, public comment was received at the Hearing supporting, opposing and asking questions concerning the Petition. NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY FINDS AND DETERMINES THAT: 1. There exists a demonstrated need for the road improvements covered by the Federal Hazard Reduction Grant for improvements to a portion of Cedar Drive in Eagle County to be made in order to improve public safety, including the safety of persons using the road and emergency service providers responding to calls for assistance in the area accessed by the road, and such road improvements are of special benefit to the owners of properties to be included in the District. 2. The nine -to -one ratio of federal monies to local monies provided to make the improvements in question, based on a federal contribution of $1,170,000 and a local match of $130,000, makes the financial burden on the owners of properties benefited by the improvements far less than the benefits to such properties from the improvements to the road. 3. The expenditure of $15,000 for planning assistance and $10,000 for legal assistance in forming the District is reasonable and necessary. 4. The proposed annual assessment for road maintenance, a requirement for obtaining the federal monies, is reasonable and necessary. 5. The allocation of costs proposed by the Petitioners is reasonable and appropriate and duly recognizes the relative special benefits of the road improvements to the p Y g p ro erties against which the local match, formation costs and maintenance fees are to p p g � be assessed, and appropriate under the provisions of C.R.S. Sections 30 -20 -604 and 30 -20 -606. 6. Any asserted obligation of the County to assist in the road improvements is duly met by the premise of the Petition that the County will advance the local match monies and be reimbursed by annual assessments against the properties and repaid in that fashion over a 10 year period without including interest on the amount advanced by the County, together with the County's contribution of "in- kind" services of its Engineering Department in applying for and obtaining the federal grant that will pay for 90% of the cost of the road improvements. 7. Improvement of public roads is an appropriate purpose for formation of a Local Improvement District under C.R.S. Section 30 -20 -603. 8. Any and all requirements for approval of a Local Improvement District, whether or not specifically enumerated herein, are met. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT a Local Improvement District as sought by the above - referenced Petition be and hereby is approved and order formed, and the County Clerk and Recorder and other County staff are directed to take all such further steps as may be necessary to formalize formation of the District and implement the provisions for advancing the funds for the above - referenced local match and making and collecting annual assessments as contemplated by the Petition and /or required by C.R.S. Section 30 -20 -601 et seq., and THAT, 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 this 13th day of September, 2011. COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS ATTEST: ...k OFF .,, -+ Jon 1 a' an fi 0 t e :o,�� of o nt �� " * / Commissioners °toRAO° ..0,00.1°W1.1r7 ORA VIL Peter F. Runyon, Commissi t j i ' Sara J. Fisher, Co missioner Commissioner INN u, seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Stavney A'ti " Commissioner Runyon Commissioner Fisher ti / This Resolution passed by / 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado.