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HomeMy WebLinkAboutR03-095 Ordering the Question of the Organization of the Red Table Acres Pubic Improvement District - Bonds~ • • i Commissioner moved adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2003- ~~ RESOLUTION ADJUDICATING ALL QUESTIONS OF JURISDICTION AND ORDERING THE QUESTION OF THE ORGANIZATION OF THE "RED TABLE ACRES PUBLIC IlVIPROVEMENT DISTRICT EAGLE COUNTY, COLORADO" AND THE QUESTION OF THE ISSUANCE OF BONDS BE SUBMITTED TO THE ELECTORS OF THE PROPOSED DISTRICT WHEREAS, a Petition to initiate the organization of the Red Table Acres Public Improvement District Eagle County, Colorado ("District', a District pursuant to Section 30-20- 501 et. sea. C.R.S. County Public Improvement District Act of 1968 was filed in the office of the Clerk of the Eagle County Board of County Commissioners on June 26, 2003; and WHEREAS, the Clerk of the Eagle County Board of County Commissioners has caused notice by publication to be made of the pendency of the Petition, of the purposes and boundaries of the proposed District, and of the time and place of hearing thereon; and WHEREAS, the Clerk has also caused a copy of said notice to be mailed to each elector of the District at the elector's last known address, as disclosed by the tax records of Eagle County and the last official voter registration list; and WHEREAS, the Clerk has also caused a copy of said notice to be mailed to each municipality located within three miles of the boundary of the proposed District at the same time notice was mailed to the electors of the District; and WHEREAS, hearing on the Petition was held on July 29, 2003 and continued to August 12, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY ~IISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, after hearing and considering the evidence presented, and in reliance upon the information submitted and presented by the Petitioners, the Board of County Commissioners finds: (a) That it appears that said Petition has been signed by at least the number of electors required under Section 30-20-505(1) C.R.S.; and • • ~~ (b) That it has been shown that the proposed improvements will confer a general benefit on the District; and (c) That the cost of the improvements will not be excessive as compared with the value of the property in the District; and (d) The Petitioner has posted a $1,000.00 bond. Petitioner shall submit additional funds for a total amount of $500.00 sufficient to pay all expenses connected with the proceedings in .case the organization is not effected. If such deposit is not made ~by the close of business August 19, 2003 to the Clerk ofthe Eagle County Board of County Commissioners the Petition shall be deemed dismissed. (e) The Petitioner intends that the issuance of bonds shall be for the construction, installation, or acquisition of certain improvements including but not limited to a main line water system, storage tank, valves, and fire hydrants to serve all homes within the District and related re-vegetation and restoration of right of way as may be necessary to serve the property within the District ("Improvements'. The ongoing maintenance and operation of the Improvements shall be the obligation of the Red Table Acres Home Owner's Association. THAT it appeazs that the Petition for organization of the District has been duly signed and presented in conformity with the County Public Improvement District Act of 1968 and that the allegations of the Petition are true. THAT, the Board of County Commissioners hereby adjudicates all questions of jurisdiction in favor of approval of the Petition and orders that the question ofthe-organization of the District and the issuance of bonds be submitted to the electors of the district in conjunction with the general election to be held on November 4, 2003. THAT, the Petitioners shall timely submit proposed ballot language for consideration and approval by the Board of County Commissioners. THAT, in accordance with C.R.S. 30-20-534 all legal or equitable actions to challenge the validity of this resolution must be brought within 30 days of the date of the signing of this resolution. THAT, the Board of County Commissioners finds, determines and declares that this Resolution is necessazy for the public health, safety and welfaze of the citizens 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 this /Z day of ~~, 2003. e~~c~e ceGy ~ COUNTY OF EAGLE, STATE OF COLORADO ~ By and Through its Board of County ~` eate~P~° Commissione ATTLES ~: By: _ ,d Michael L.Gallagh ,Chairman Clerk of the Bo d of County Commissioners: By To tone, Co ssi ner By: enconi, Commissioner Commissioner ~~~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher Commissioner Tom C. Stone CommissionerArn M. Menconi This Resolution passed b vote of the Board of County Commissioners of the County of Eagle, State of Colorado. G:WIun~Resolu6on redtableadjudication.doc