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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