HomeMy WebLinkAboutR82-070 Service Plan for Mid Valley Metro{
RESOLUTION
OF THE
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 82- �A3
IN RE 'THE MATTER OF THE SERVICE PLAN FOR THE MID VALLEY
METROPOLITAN DISTRICT
WHEREAS, pursuant to the provisions of Part 2
of Article 1 of Title 32, C.R.S. 1973, as amended,
the Board of County Commissioners of the County of
Eagle, State of Colorado, hereinafter referred to as
the "Board ", did on the 6th day of July, 1982,
hold a public hearing on the Service Plan for the
Mid Valley Metropolitan District; and
WHEREAS, notice of the aforesaid public hearing
was duly published in The Eagle Valley Enterprise, Eagle,
Colorado, a newspaper of general circulation within Eagle
County, said publication occurring on June 10, 17 and
24, 1982, as required by law; forwarded to the Petitioners;
and mailed to 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,
the Eagle County Planning Commission, and the Department
of Local Affairs, Division of Local Government, State
of Colorado; and
WHEREAS, the Board, with the concurrence of the
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Petitioners, continued the aforesaid public hearing to
the 28th day of July, 1982, in order for the Petitioners
to provide additional information to the Board; and
WHEREAS, the Board has considered the Service
Plan, and all other testimony and evidence presented
at the public hearing including, but not limited to,
the following exhibits:
Exhibit 1:
Service Plan for the Mid Valley
Metropolitan District;
Exhibit 2:
Board of County Commissioners'
Resolution No. 82 -35;
Exhibit 3:
Proof of publication of the
Notice of Public Hearing;
Exhibit 4:
Certificate of mailing of the
Notice of Public Hearing;
Exhibit 5:
Certified letter mailed to the
Department of Local Affairs,
Division of Local Government,
State of Colorado;
Exhibit 6:
Map depicting general location
and proposed boundaries of the
Mid Valley Metropolitan District;
Exhibit 7:
Recommendations of the Eagle
County Planning Commission;
Exhibit 8:
Letter dated July 6, 1982, from
John R. Blair, District Engineer,
Colorado Department of Health,
to the Eagle County Commissioners;
Exhibit 9: Recommendations of the Eagle County
Department of Community Development;
Exhibit 10: Letter dated February 11, 1982,
from the Mid Valley Metropolitan
District Formation Committee to
property owners within or adjacent
to the proposed•- District;
Exhibit 11: Map submitted by the engineer
of the Petitioners;
Exhibit 12: Letter dated July 1, 1982, from
James P. Collins, Esq., to Thomas
Boni, Assistant Director, Community
Development;
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and;
Exhibit 13:
Open Space Recreation Map;
Exhibit 14:
Legal description of the proposed
boundaries of the District;
Exhibit 15:
Boundary map of the E1 Jebel
Mid Valley Metropolitan District,
amended 6/16/82 and 7/27/82;
Exhibit 16:
Document entitled "Financing
and Operation Planning ";
Exhibit 17:
Letter dated July 28, 1982,
from Russell B. Caldwell,
Kirchner Moore & Company, to
the Board of County Commissioners;
Exhibit 18:
Letters dated July 28, 1982, from
John A. Christensen, Summit
Vista; Dieter Sander; Clay Crossland
and Paul G. Adams, Basalt Trade
Associates; Donald E. Piper,
Double 0 Partnership; Louis C. Tepe,
Aspen 70, Ltd; Steven Onstad,
Powers, Piegal, Levitt and Maslon;
and Allen A. Storey, Blue Lake
Development, respectively, to
Kirchner Moore & Company;
Exhibit 19:
Letter not dated from Alan A.
Storey, Blue Lake, to the Eagle
County Commissioners;
Exhibit 20:
Letter dated July 28, 1982, from
Dan Kerst, Esq., to the Board
of County Commissioners;
Exhibit 21:
Petitions signed by various
registered electors submitted by
Floyd Crawford;
Exhibit 22:
Letters from various property
owners submitted by Floyd Crawford;
Exhibit 23:
Article from the Denver Post;
WHEREAS, it appears that the Service Plan should
be approved with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS, COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Board does hereby determine that all of
the requirements of Part 2 of Article 1 of Title 32,
C.R.S. 1973, as amended, relating to the filing of the
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Service Plan for the Mid Valley Metropolitan District
have been fulfilled, and that notice of the hearing was
duly given in the time and manner required by law.
THAT, said publication of the Notice of Hearing
on Service Plan in The Eagle Valley Enterprise, a newspaper
of general circulation within the County, is hereby
approved.
THAT, the Service Plan of the Mid Valley Metropolitan
District is hereby approved with conditions, which
conditions are as follows:
1. That any increase in the financing or the
amount of proposed indebtedness as set
forth within the Service Plan for the Mid
Valley Metropolitan District and related
documents submitted as exhibits, shall
constitute a change of a basic or essential
nature, and a material modification of the
Service Plan, which will require prior
approval of the Board pursuant to Section
32 -1 -207, C.R.S. 1973, as amended.
2. That the Board's approval of the Service Plan
for the Mid Valley Metropolitan District
shall not be construed or deemed to be construed
as obligating the present Board or future
Boards in any way whatsoever, to approve higher
density rezoning applications on land within
the boundaries of said District, but that such
land use determinations shall be considered
totally separate and independent of the
Board's actions herein.
3. That a satisfactory report from Kirchner
Moore & Co., financial consultants to the
Petitioners, detailing the criteria which
said Company shall utilize in determining
the collateral which will be required
of certain major landowners within the
boundaries of the Mid Valley Metropolitan
District to guarantee the retirement of
bonded indebtedness for said District's
improvements, shall be submitted and approved
by the Board.
THAT, final approval of the Board of the Service Plan
for the Mid Valley Metropolitan District is hereby made
contingent upon modification of said Service Plan to include
the changes and additional information required by the
Board in the paragraph next above.
THAT, the above - entitled matter is hereby continued
for further proceedings before the Board to the 29th day
of September, 1982, at 9:00 A.M. in the Board of County
Commissioners' room, McDonald Building, 550 Broadway,
Eagle, Colorado.
TI-1T, all resolutions,or parts thereof, in conflict
with the provisions hereof, are hereby repealed, except
that this repealer shall not be construed so as to revive
any resolution or part thereof heretofore repealed.
THAT, a certified copy of this Resolution be
filed in the records of Eagle County and submitted to
the Petitioners.
MOVED, READ AND ADOPTED by the Board of County
Commmissioners of the County of Eagle, State of Colorado,
at its regular meeting held the day of September,
1982, non pro tune the 28th day of July, 1982.
ATTEST:
BY I- LScgtiG�� y,
Clerk of the �oard
of County Commissioners
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
i y
By:�
Dale F. Grant - Chairman
Voting "No"
Dan Williams - Commissioner
Voting "Yes"
Keith Troxel - Commissioner
Voting "Yes"
S
Commissioner moved adoption of the following
Resolution:
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION No. 82- 3 S�
WHEREAS, a Service Plan, supporting documents and a
processing fee in the amount of $ 200.00 have been filed
relating to the proposed Mid Valley Metropolitan District
in Eagle County, Colorado; and
WHEREAS, the provisions of Part 2 of the Special
District Act require that a public hearing be called and
held within thirty (30) days concerning the adequacy of the
Service Plan
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Eagle County, Colorado:
Section 1. That a public hearing on the Service Plan
for the proposed Mid Valley Metropolitan District be and the
same is hereby set for 2:00 P.M., at the Commissioners'
Hearing Room, McDonald Building, 550 Broadway, Eagle, Colorado,
the regular meeting place of the Board of County Commissioners,
on Tuesday, the 6th day of July, 1982.
Section 2. That the Clerk of this Board is hereby
directed to cause the Notice of Hearing to be published in
the Eagle Valley Enterprise, a newspaper of general circulation
within the County, once each week for a period of three (3)
successive weeks by three (3) publications, the first of
which shall be at least twenty (20) days prior to the date
of the public hearing.
Section 3. That the Clerk is hereby further directed
to provide written Notice of Hearing to the petitioner and
to the governing body of any existing municipality or special
district which has levied an ad valorem tax within the next
t,
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preceding tax year and which has boundaries within a radius
of three (3) miles of the proposed District.
Section 4. That said Notice of Hearing shall be in
substantially the following form:
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STATE OF COLORADO
ss. NOTICE OF HEARING
COUNTY OF EAGLE )
PUBLIC NOTICE IS HEREBY GIVEN that there were filed
with the County Clerk and Recorder of Eagle County, Colorado,
a Service Plan and related documents for the proposed
Mid Valley Metropolitan District. The Service Plan and
related documents are now on file in the office of the
Clerk and Recorder and are available for public inspection.
NOTICE IS FURTHER GIVEN that by Order of the Board
of County Commissioners of Eagle County, Colorado, a Public
Hearing on said Service Plan and related documents will be
held at the Commissioners' Hearing Room, McDonald Building,
550 Broadway, Eagle, Colorado, at 2:00 P.M., on Tuesday,
the 6th day of July, 1982.
The purpose of the Public Hearing shall be to consider
the adequacy of the Service Plan of the proposed Mid Valley
Metropolitan District and to form a basis for adopting
a Resolution approving, conditionally approving, or
disapproving the Service Plan.
The proposed Mid Valley Metropolitan District
is located entirely within Eagle County, Colorado,
and is described as follows:
Beginning at the intersection of the Garfield /Eagle County line
and the center of the Roaring Fork River thence Northerly along
said County line 1,600 feet more or less to the Northerly right -
ef -way line of Colorado State Highway 82; thence from the County
line S. 72010'33 "E., 730 feet more or less along the Northerly
right -cf -way line of said Highway 82; thence N. 00000'01 11E.,
3,184.29 feet; thence N. 89°42143 11E., 448.71 feet; thence S.
00038147 "W., 662.75 feet; thence N. 89039106 "E., 1,373.74 feet;
thence N. 00036'45 "E.,'1,322.61 feet; thence S. 88030'30 "E.,
1,317.87 feet; thence S. OOc26'34 "W., 1,321.88 feet;.thence S.
00034'35 "W., 428.63 feet; thence S. 89053143 "E., 240.06 feet;
thence S. 01018147 "E., 2,606.72 feet; thence N. 89056152 "W.,
731.79 feet; thence S. 02057'00 "W., 326.29 feet to the Northerly
right -of -way line of Colorado State Highway 82; thence along the
Northerly right -cf -way line of said Highway 82, S. 72016112 "E.,
2,135.25 feet; thence Southeasterly on a curve to the right
having a radius of 2,905 feet through a central angle of 5055'00"
an arc distance of 299.99 feet to a point of tangency; thence
S.66021112 "E., 15.30 feet; thence Southeasterly on a curve to the
right having a radius of 2,905 feet and having a chord distance
of 54.08 feet bearing S. 67007'03 "E., and an arc distance of
54.08 feet to a point of tangency; thence 5.-66035100 "E., 156.80
feet; thence Southeasterly on a curve to the right having a
radius of 5,770 feet and having a chord distance of 375.79 feet
bearing S. 64043102 "E., and an arc distance of 375.86 feet to a
point of tangency; thence departing the Northerly right -cf -way
line of said Highway 82 N. 89047100 11E., 151.53 feet; thence N.
89037'13 "E., 207.71 feet to Angle Point I11, Tract 43, and also
being a point on the Westerly right -cf -way line of Eagle County
Road S -13; thence Scutherly_alcng the Westerly right -cf -way line
of said County Road S -13, 235 feet more or less to a point on the
Northerly right -cf -way line of Colorado State Highway 82; thence
Southeasterly along the Northerly right -cf -way line of said High-
way 82, 130 feet more or less; thence S. 53003'00 "E., 265.10
feet; thence departing the Northerly right -of -way line of said
Highway 82, N. 02027'00 "W., 150.50 feet; thence S. 86007100 "E.,
337.40 feet; thence N. 07000'00 "W., 307.20 fLset; thence S.
86007100 "E., 595.92 feet; thence North, 331.50 feet to Angle
Point 112, Tract 38; thence East, 2,577.30 feet as per the Office
of U.S. Supervisor of Surveys Supplemental Plat, Sheet 112, dated
August 25, 1927, of Independent Resurvey of T.83., R. 87W., of
the 6th Principal Meridian, Colorado to Angle Point 111, Tract 38
(Plat calls 40.00 chains [2,640.00 feet] with 0.95 chains [62.70
feet] shortage; 2,640.00 feet - 62.70 feet = 2,577.30 feet);
thence South 1,595.22 feet as per said Supplemental Plat to Angle
Point 116, Tract 38; thence East, 182.82 feet as per said Sup-
plemental Plat to Angle Point 116, Tract 46; thence South,
1,320.00 feet to Angle Point 115, Tract 46, being also Angle Point
111, Tract 48; thence S. 00022'50 "E., 2,308.77 feet; thence S.
00023100 "E., 280.00 feet to Angle Point 114, Tract 48, being also
Angle Point 111, Tract 52; thence S. 00043100 11E., 1,276.44 feet as
per said Supplemental Plat; thence S 89050100 "E., 2,513.79 feet
along the Northerly line of Tract 51 to Angle Point 111, Tract 51;
thence South, 2,950.86 feet along the Easterly line of said Tract
51 and the Easterly line of Tract 59 to Angle Point 116, Tract 59
as per the aforementioned Supplemental Plat; thence West, 579.20
feet along the Southerly line of Tract 59 to a point in the'cen-
ter of the Roaring Fork River; thence Northeasterly along the
center of the Roaring Fork River to the point and place of
beginning.
In accordance wit1i the procedures set forth in Section
32 -1- 305(3), C.R.S. 1973, as amended, the owner of any real
property within the proposed Mid Valley Metropolitan District
may file a petition with the District Court in and for Eagle
County stating reasons why such property should riot be
included within the proposed District and requesting that
such property be excluded therefrom. Such petition shall
by duly verified, shall describe the property sought to be
excluded, and shall be filed after the filing of the
petition for the organization of the proposed District
but no later than ten (10) days before the day fixed for
the hearing thereon before the District Court.
THIS NOTICE GIVEN BY ORDER OF THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, COLORADO, this
7th day of June, 1982.
By: /s/ Johnnette Phillips
Johnnette Phillips
Clerk of the Board of
County Commissioners of
the County of Eagle, Colorado
Published in the Eagle Valley Enterprise: June 10, 1982;
June 17, 1982, and June 24, 1982
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Section 5. That all resolutions or parts thereof
in conflict with the provisions hereof be and the same are
hereby repealed.
Section 6. That this Resolution, immediately upon
its passage, shall be recorded in the Book of Resolutions of
the County kept for that purpose and shall be authenticated
by the signatures of the Chairman of the Board of County
Commissioners and the County Clerk and Recorder.
MOVED, READ AND UNANIMOUSLY ADOPTED by the Board of
County Commissioners of the County of Eagle, Colorado, at
its regular meeting held the % day of June, 1982.
ATTEST:
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
By: 4,6) ��`i t ✓�
erk to the- - Board of Dale F. Grant, Chairman
ounty Commissioners
Commissioner
of the foregoing Resolution
vote was as follows:
Commissioner Dale Grant
Keith Troxel, Commissioner
"�z 0� L) ��'
Dan Williams, issioner
seconded the adoption
The roll having been called, the
Commissioner Dan Williams
Commissioner Keith Troxel
The Resolution was
adopted by the Board
of County Commissioners of the County of Eagle, State of
Colorado.
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4 t
STATE OF COLORADO )
) ss.
COUNTY OF EACLE )
I, Johnnette Phillips, County Clerk and Recorder of the
County of Eagle, State of Colorado, do hereby certify that
the foregoing pages numbered 1 to � , inclusive, constitute
a true and correct copy of the record of proceedings of the
Board of County Commissioners of said County, taken at a
regular meeting held on the 7th day of June, 1982, held
at the Board Room, McDonald Building, 550 Broadway, Eagle,
Colorado, insofar as said minutes relate to a Resolution, a
copy of which is therein set forth; that the copy of said
Resolution contained in the minutes is a full, true and
correct copy of the original of said Resolution as adopted
by the Board of County Commissioners at said meeting; that
the original Resolution has been duly signed by the Chairman
of the Board of County Commissioners, attested by the County
Clerk and Recorder, sealed with the seal of the County and
filed in the Book of Resolutions of the County kept for that
purpose in my office. I further certify that the Chairman
and A members of the Board of County Commissioners
were present at said meeting and that 13 members of
the Board voted on the passage of the Resolution as set forth
in said minutes.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of said County of Eagle, Colorado, this,
day of Znt -L� , 1982.
Johnnette Phillips
County Clerk and Recorder,
Eagle County, Colorado
//r2'G i iGC�C
(COUNTY SEAL)
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