HomeMy WebLinkAboutR12-118 Cordillera Valley Club Service Plan First Amendment Eagle County, Co 201302487 Teak J Simonton 02/05/2013 Pgs: 3 02:32:33 PM REC: $0.00 DOC: $0.00 • Commissioner tiP ..4#— ' moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2012- `'% 0 „. • A RESOLUTION. APPROVING THE FIRST AM.ENDMENT'TO SERVICE PLAN FOR CORDILLERA VALLEY CLUB METROPOLITAN DISTRICT, COUNTY OF EAGLE, STATE OF COLORADO WHEREAS, Resolution No. 2002 -109 of the Board of County Commissioners, County of Eagle, State of Colorado, authorized the approval of the Service Plan for the Cordillera Valley Club Metropolitan District on the 13th day of August 2002, and the_District was organized by Order of the District Court on November 14, 2002, Case No. 2002CV530; and WHEREAS, pursuant to the terns of the original Service Plan, and Section 32 -1 -207, C.R.S., material modifications are subject to approval by Eagle County, and upon proper and adequate notice the Board of County Commissioners held a public meeting on' the First Amendment to Service Plan on November 13, 2012; and WHEREAS, notice of the hearing was published on October 18, 2012, in The Eagle Valley Enterprise, a newspaper of general circulation within Eagle County, as required by law. On October • 15, 2012, notice of said public hearing was sent to the governing body of each municipality and special district located within a radius of three miles of the boundaries of the district included in the • Service Plan, and which have levied an ad valorem tax within the next preceding year; and WHEREAS, the .Board of County Commissioners has considered the First Amendment to Service Plan and all other testimony and evidence presented at the hearing; and • WHEREAS, the Board of County Commissioners finds that the First Amendment to Service Plan should he approved unconditionally. NOW THEREFORE BE IT RESOLVED, by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the above and foregoing recitals are incorporated herein by reference and are adopted as findings and determinations of th.e Board of County Commissioners. THAT the Board of County Commissioners further finds and determines that all of the requirements of part 2, article 1, title 32, Colorado Revised Statutes, relating to the filing of. the First Amendment to Service Plan have been fulfilled and that notice of the public hearing before the Board of County Commissioners was given in the time and manner required by the laws of the State of Colorado. • THAT the Board of County Commissioners further finds and determines as follows: (a) There is sufficient existing and projected need for the District to extend and improve park and recreational facilities and to increase taxes for operation of the facilities in the area served by the District; (b) The existing service in the area to be served by the District is not adequate for present and projected needs; (c) The District obtained additional voter authorization on November 2, 2010 for park and recreation facilities, improvements and programs and to increase taxes for operation of the facilities; (d) The services to be furnished by the District will not duplicate or interfere with those furnished by Western Eagle County Metropolitan Recreation District or Edwards Metropolitan District. THAT if any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. THAT this Resolution shall be in full force and effect upon its passage and approval. THAT the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. [rest of page intentionally left blank] 2 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the "Ld day of November, 2012. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: a f • a° By Teak J. Simonto eal.oR Peter F. Runyon Clerk to the Board of Chai an County Commissioners rpvi '.41111121a AA Jon l Co oner Sara J. Fisher Commissioner Commissioner St -ktil seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Runyon ILL. C 4. ommissioner Stavney n -" Commissioner Fisher N This resolution passed by vote of the Board of County Commissioners. 3