HomeMy WebLinkAboutR96-092 approving service plan for conversion of Lake Creek Meadows to Lake Creek Metrof~' A~
8
Commissioner ~ moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 96 - 92
RESOLUTION APPROVING THE SERVICE PLAN FOR THE
CONVERSION OF LAKE CREEK MEADOWS WATER DISTRICT
TO LAKE CREEK METROPOLITAN DISTRICT
i
r r r~
.~
r
WHEREAS, the Board of County Commissioners of the County of Eagle 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 Board of Directors of Lake Creek Meadows Water
District ("Petitioner") filed a Service Plan for the conversion of Lake Creek Meadows
Water District to a metropolitan district to be known as Lake Creek Metropolitan District
("District") in Eagle County, Colorado on May 21, 1996; and
WHEREAS, pursuant to the provisions of Sections 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 500 Broadway, Eagle, Colorado, at 1:30
p.m. on Tuesday, July 9, 1996; and
~O 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 June
19, 1996, pursuant to Section 32-1-204(1), C . R. S . ; and
WHEREAS, notice of the name and type of District and notice of the date, time and ~ j
location of said hearing were provided to the Division of Local Government in the
Department of Local Affairs, as required by Sections 32-1-202(1) and 32-1-204(1),
C.R.S.; and ~.
WHEREAS, notice of the date, time and location of said hearing was provided to
the Petitioners 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, pursuant to Section 32-1-
204(1), C.R.S., and to each property owner within the District via letter mailing, pursuant
to Section 32-1-204(1.5), C.R.S.; and
5969'70 13-70o Y-9$1 07 jL9J96 11 : ~4A !'G 1 Ub' 4 h~C; llUC N
Sara J. b'isher ~;a~le County Clerk & Kecorder o.Uo
WHEREAS, the Eagle County Planning Commission studied and considered the
Service Plan at its meeting of June 19, 1996, at which time said Commission recommended
approval of the Service Plan, which recommendation was subsequently presented to the
Board of County Commissioners at its hearing on this matter, as required by Section 32-1-
204(2), C.R.S.; and
WHEREAS, this Board has, on July 9, 1996, conducted 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 Eagle County, Colorado that:
tin 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.
In that respect, the Board hereby fmds that the Petitioners were required and did give letter
notification of the hearing pursuant to Section 32-1-204(1.5), C . R. S .
Section 2. In accordance with the provisions of Section 32-1-204(1.5) and 32-1-
203(3.5), C.R.S., any person owning property within the boundaries of the District may
request that such property be excluded from the boundaries of the District by filing such
request with the Board of County Commissioners no later than ten days prior to the
hearing. One such request for exclusion of real property located at 1705 Lake Creek Road L7
was filed with the Board on July 1, 1996, by Sue Witkin and Jack Witkin. The Board
having considered said petition, fmds that the exclusion of such property in not in the best ~
interest of the District. Furthermore, the Board finds that such exclusion is not in ~
compliance with the purpose and intent of the Eagle County Land Use Regulations.
i n The Eagle County Planning Commission has considered this matter
as required by law and has recommended approval of the Service Plan.
59697u t3-7UU Y-9£~1 U7/2~/y6 11:;34A i'G L or~ 4
Section 4. Based upon the information contained within the Service Plan and
evidence presented to the Board at the hearing, the Board hereby fords 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 District;
B. The existing services in the area to be served by the District are inadequate
for present and projected needs;
C. District is capable of providing economical and sufficient services to the area
within its proposed boundaries;
D. The area to be included within the 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 municipal or quasi-municipal corporations, 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 and of each
municipality and special district which is an interested party hereto;
G. The Service Plan is in substantial compliance with the Eagle County Master
Plan; and
H. The conversion of Lake Creek Meadows Water District to Lake Creek
Metropolitan District will be in the best interest of the area proposed to be
served.
C"~
Section 5. The Service Plan for the conversion of Lake Creek Meadows Water L7
District to Lake Creek Metropolitan District shall be and is hereby approved without
condition. ~
Section 6• 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.
596970 13-7U~ Y-9231 07/29/96 11 : ;34A YG 3 UN' 4
i n 7 All Resolutions, or parts thereof, in conflict with the provisions
hereof, are .hereby repealed to the extent of such conflict only.
THAT, the Board hereby fords, determines and declares that this Resolution is necessary
for the public health, safety and welfare of the residents 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 the ~ day of July, 1996.
,~~~~~'~ ~~ COUNTY OF EAGLE, STATE OF
~ ~ ~~ ~~ COLORADO, By and Through Its
ATTEST: ~t a BOARD OF COUNTY COMMISSIONERS
a
~---
Clerk to the Board f George A. f ates, Chairman
County Commissioners
ohnnette Phillips, Commissioner
ores E. Johns . ,
Commissione
Commissioner seconded adoption of the foregoing resolution. The roll
having been calle ,the vote was as follows:
Commissioner Gates
Commissioner Phillips
Commissioner Johnson
This Resolution passed by ~3 - (~ vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
96-102
mta\r\lakecrk.con
L7
596970 13-700 1'-9$1 07/23/96 11::i4A !'G 4 Ur' 4