HomeMy WebLinkAboutR00-131 sketch plan for Roaring Fork Parks special district and denying exclusions from special districtC' Commissioner 6 1 0 - 4 moved adoption of the followin esolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000 - / AUTHORIZING THE APPROVAL OF THE SERVICE PLAN FOR ROARING FORK PARKS AND RECREATION SPECIAL DISTRICT AND DENYING EXCLUSIONS FROM THE SPECIAL DISTRICT WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S. as amended, the Board of County Commissioners of Eagle County, Colorado (hereinafter 'Board "), held a / public hearing on the Service Plan of the proposed Roaring Fork Park and Recreation Special District (hereinafter "District ") on the 14 day of August, 2000 and on the 12 day of September (hereinafter "Hearing "); and WHEREAS, Notice of the Hearing was duly published once in The Glenwood Independent a newspaper of general circulation within Eagle County, on August 23, 2000 as required by law, and Notice was forwarded to the Petitioners, the Division of Local Government, and the governing body of each municipality and special district which has levied an ad valorem tax within the next preceding tax year and which has boundaries within a radius of three miles of the proposed District; and WHEREAS, the Board has considered the Service Plan and all other testimony and evidence presented at the Hearing; and WHEREAS, the hearing on all requests for exclusion, listed in Exhibit "A" attached hereto and incorporated herein, and, objections in connection with proposed district was held pursuant to §32 -1- 203(3.5), C.R.S.; and WHEREAS, all of the requests of exclusion from the proposed district listed in Exhibit A were denied; and e , b e G1 WHEREAS, it appears that the Service Plan should be approved with certain conditions or modifications, as listed in Exhibit "B ". NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMNUSSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: Section 1. That the Board does hereby determine that all of the requirements of Title 32, Article 1, Part 2, C.R.S., as amended, relating to the filling of a Service Plan for the proposed Roaring Fork Parks and Recreation District have been fulfilled and that Notice of Hearing was given in the time and manner required by law. Section 2. That the Board does hereby find and determine that: (a) There is sufficient existing and projected need for organized service in the area to be served by the proposed District; (b) The existing service in the area to be served by the proposed District is not adequate for present and projected needs; (c) Adequate service is not, and will not be, available to the area through the County or other existing municipal or quasi - municipal corporations, including existing special districts, within a reasonable time or on a comparable basis; (d) The proposed special District is capable of providing economic and sufficient service to the area within its proposed boundaries; (e) 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; (f) The facility and service standards of the proposed District are compatible with the facility and service standards of each county within which the proposed District is to be located and each municipality which is an interested party under section 32 -1- 204(1), C.R.S., as amended; (g) The proposal is in substantial compliance with a master plan adopted pursuant to section 30 -28 -106, C.R.S.; (h) The proposal is in compliance with any duly adopted county, regional, or state long -range parks and recreation plan for the area; and (i) The creation of the proposed District will be in the best interests of the area proposed to be served. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Q& - Tom C. Stone Commissioner Johnnette Phillips Section 3. That the Service Plan of the proposed Roaring Fork Parks and Recreation District is hereby approved with the addition of Exhibit B. Section 4. That a certified copy of this Resolution be filed in the records of Eagle County and submitted to the Petitioners for the purpose of filing in the District Court of Garfield County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ja' of September, 2000. Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote w s as follows: Commissioner Stone Commissioner Phillips Commissioner Gallagher _�� Ad This Resolution passed by J -(:) vote of the Board of County Commissioners of the County of Eagle, State of Colorado. County Commissioners � 3 t 3 REQUEST FOR EXCLUSION Roaring Fork Open Space, Park & Recreation District August 14, 2000 7. Eugenia Grant Property Location Town of Basalt Town of Basalt Sopris Village (El Jebel) Fox Run Meadows (Missouri Heights) Fox Run Meadows (Missouri Heights) Sopris Meadows Willits Land Town Center (Basalt) Sopris Meadows Sopris Meadows Basalt Industrial Park (Basalt) a. Midland Addition (Basalt) b. Parcel along Roaring Fork River EXHIBIT Name of Owner 1. Caddis Fly Partners, LLC. (Frieda K. Wallison) 2. Betty J. Terrell 3. Mr. & Mrs. Tracy Dillingham 4. Frank Ligon 5. Don Hogg 6. Basalt Trade Associates: (Paul G. Adams) Jayco LLC Jayco LLC Georgiaco LLC Nadineco LLC Basalt Trade Assoc. LLC Basalt Trade Assoc. LLC 7. Eugenia Grant Property Location Town of Basalt Town of Basalt Sopris Village (El Jebel) Fox Run Meadows (Missouri Heights) Fox Run Meadows (Missouri Heights) Sopris Meadows Willits Land Town Center (Basalt) Sopris Meadows Sopris Meadows Basalt Industrial Park (Basalt) a. Midland Addition (Basalt) b. Parcel along Roaring Fork River EXHIBIT f 6 Roaring Fork Open Space Park and Recreation District Amendments to Service Plan The following amendments shall be made to the Service Plan for the Roaring Fork Open Space Park and Recreation District which amendments have been approved by the Board of County Commissions for Eagle County, Colorado and the Board of County Commissioners for Garfield County, Colorado on the 12' day of September, 2000. These Amendments and the original Service Plan shall be construed together. 1. In Part I, Introduction the last line of the first paragraph shall be deleted and the following new second paragraph will be added: The District shall have all of the powers provided by law. As a matter of Service Plan Policy, the District shall not exercise the right of condemnation. Pursuant to statute, the District is empowered to exercise the power of eminent domain (i) only within the boundaries of the District, (ii) only for the purpose of easements and right -of -way for access to such facilities operated by the District, and (iii) only where no other access to such facilities exists or can be acquired by other means. Given the intent of the District and this Service Plan to forego the statutory power of eminent domain, the District will not acquire or operate any open space, park, or recreation lands or facilities which will require the exercise of this statutory power of eminent domain. 2. In Part III, Pr000sed Services of the District the third paragraph will be amended to read: It is hereby acknowledged that the District is intended only for the acquisition of open space, conservation easements and public parks for passive recreation uses and that such facilities do not by their nature duplicate or interfere with any other park and recreation improvements or facilities which future or existing special districts may acquire or construct, including without limitation other open space and conservation easements that may by acquired by such other special districts. Accordingly , it is acknowledged that there is no reason why the District's Board of Directors would not consent to the creation of any such other special district exercising park and recreation powers, as provided in C.R.S. 32 -1- 107(3), and to extent permitted by law, it is the intent of this Service Plan that the District's Board of Directors shall consent to the creation of such other special districts. Specifically, the District's Board of Directors will consent to the creation of such other special recreation district to make improvements and/or operate the Mount Sopris Tree Farm site in Eagle County. 3. In Part III, Proposed Services of the District a new paragraph will be added to read: It is not the intent of this Service Plan to allow the District's Board of P p C j Directors to purchase land the sole purpose of which would prevent the natural expansion of any municipal or special district's utilities. Such utilities could be constructed over land owned by the District at suitable locations along the boundaries of any such land or at such other suitable locations as the District's Board of Directors and the owner of such utilities can agree. The construction of any utilities across District owned land shall be accomplished so as to minimize the impact upon the District owned land, and the owner of such utilities shall fully mitigate the construction by re- vegetation and such other reasonable means as agreed between the District's Board of Directors and the owner of such utilities. 4. In Part III, Proposed Services of the Distri ct , the second paragraph shall be amended to read as follows: The District will work closely and cooperate with the Local Jurisdictions to serve and promote the health, welfare, safety, prosperity, security and general welfare of its inhabitants. The District shall submit, pursuant to C.R.S. 30 -28 -110, any proposed improvements to the Eagle County or Garfield County Planning Commission depending upon the county in which the proposed improvements will be located. The District will also work closely with state and national funding sources to attract non -local funding for open space acquisition and improvements. In addition, the District will work closely with conservation, education organizations, and other private groups interested in open space and recreation 5. In Part IV, Financial Information and Financing Plan paragraph C. will be amended to read: C. Identification of District Revenue The District's total ad valorem property tax mill levy shall not exceed 2.5 mills for all purposes, including the mill levy imposed for debt purposes. Any bonds or other obligations issued, and operations and maintenance expenses incurred, shall be payable solely from the proceeds of a mill levy not in excess of 2.5 mills. It is acknowledged that the foregoing provisions are material and any deviation from these provisions is a material change from this Service Plan. 6. In Part VI, Boundaries and Valuation the third paragraph will be amended to read: A 2.5 mill levy rate will generate approximately $1,000,000 in the first year of the District existence. Unless the District's Board of Directors determines that the public peace, health and safety requires otherwise, it is the intent of this Service Plan thathe4f ©flowing will control the expenditure of funds by the District: