HomeMy WebLinkAboutR93-082 service plan of proposed Squaw Creek Metro DistrictCommission r moved adoption
of the follow' q Reso ution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 93- _
AUTHORIZING APPROVAL OF
SERVICE PLAN OF PROPOSED
A SQUAW CREEK METROPOLITAN DISTRICT
WHEREAS, pursuant to the provisions of Title 32, Article 1,
0 Part 2, C.R.S. as amended, the Board of County Commissioners of
w o Eagle County, Colorado, held a public hearing on the Service Plan
of the proposed Squaw Creek Metropolitan District on the 6th day of
July, 1993; and
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WHEREAS, Notice of the Hearing was duly published in The Eagle
Valley Enterprise a newspaper of general circulation within the
County, on June 10, 17 and 24, and July 1, 1993, as required by
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law, and Notice was forwarded to the Petitioners, the Division of
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Local Government, and the governing body of each municipality and
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special district which has levied an ad valorem tax within the next
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preceding tax year and which has boundaries within a radius of
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three miles of the proposed District; and
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WHEREAS, the Board has considered the Service Plan and all
other testimony and evidence presented at the Hearing; and
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WHEREAS, it appears that the Service Plan should be approved
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subject to certain conditions or modifications.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
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COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
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Section 1 . That the Board of County Commissioners of Eagle
County, Colorado, does hereby determine that all of the require -
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ments of Title 32, Article 1, Part 2, C.R.S., as amended, relating
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to the filing of a Service Plan for the proposed Squaw Creek
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Metropolitan District have been fulfilled and that Notice of the
Hearing was given in the time and manner required by law.
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Section 2 . That the Board of County Commissioners of Eagle
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County, Colorado, does hereby find and determine that:
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(a) There is sufficient existing and projected need for
organized service in the area to be served by the
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proposed District;
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(b) The existing service
the proposed District
and projected needs;
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in the area to be served by
is.not adequate for present
(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 provid-
ing 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 water quality
management 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.
Section 3 . That the Service Plan of the proposed Squaw
Creek Metropolitan District is hereby approved, conditioned upon
the following modification being made to the Service Plan prior to
the organization of the District by the District Court, to wit:
The Service Plans of the Cordillera Metropolitan District
and Squaw Creek Metropolitan District shall be recorded
in the real property records of the Eagle County Clerk
and Recorder within 15 days of the final orders of the
District Court which organize the Districts. The Service
Plans shall include a requirement that the Districts
record, in the real property records of the Eagle County
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Clerk and Reeder, a notice of the ex� pence of the
Districts (including legal descriptions of the boundaries
of the Districts), a notice of any authorized (but
unissued) indebtedness, a notice of the existence of the
District Facility Construction and Service Agreement (or
its equivalent), and a notice of any other indebtedness
issued by one or both of the Districts. The proforma
provisions regarding payment to the developer for certain
roads and facilities already installed will be removed
from the Service Plans.
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
Eagle County.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, State of Colorado, this day of
July, 1993.
Commissioner`' seconded adoption of the
foregoing reso ti e roll riaving been called, the vote was as
follows:
Commissioner George A. Gates
Commissioner Johnnette Phillips
Commissioner James E. Johnson, Jr. _
This Resolution passed by 7 — vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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