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HomeMy WebLinkAboutR02-109 Cordillera Valley Club Service Plan804576 Page: 1 of 6 r 08/16/2002 10:33R Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 Commissioner &6L moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2002-_/O? AUTHORIZING THE APPROVAL OF THE SERVICE PLAN FOR THE CORDILLERA VALLEY CLUB METROPOLITAN DISTRICT WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S., as amended, the Organizing Committee for the proposed Cordillera Valley Club Metropolitan District (hereinafter "District ") filed a Service Plan with the Eagle County Clerk and Recorder on June 21, 2002; and WHEREAS, the Eagle County Clerk and Recorder on behalf of the Eagle County Board of County Commissioners (hereinafter `Board ") reported the filing to the Division of Local Government; and Or a. WHEREAS, on July 9, 2002, the Board referred the Service Plan to the Eagle County Planning Commission for its consideration and recommendation; and WHEREAS, on July 17, 2002, the Eagle County Planning Commission held a hearing on the proposed Service plan and recommended approval of the Plan; and WHEREAS, on July 30, 2002, the recommendation of the Eagle County Planning Commission was presented to the Board and the matter was set for a public hearing on August 13, 2002; and WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S. as amended, the Board held a public hearing on the Service Plan of the proposed Cordillera Valley Club Metropolitan District on the 13th day of August, 2002 (hereinafter "Hearing "); and WHEREAS, Notice of the Hearing was duly published two times in the Eagle Valley Enterprise, a newspaper of general circulation within Eagle County, on July 18, 2002 and July 25, 2002, as required by law, and Notice was forwarded to the Petitioner, the Division of Local Government, and 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; and WHEREAS, the Board has considered the Service Plan, the recommendations of II VIII IIII I I CO 370 II II IIIVIII,I II 0804576..;3e D 0.00 Sara J the Eagle County Planning Commission and all other testimony and evidence presented at the Hearing; and WHEREAS, consent from the Edwards Metropolitan District and Western Eagle County Metropolitan Recreation District, over - lapping districts pursuant to C.R.S. 32 -1 -107, is attached hereto as Exhibit "A" and incorporated into the Service Plan subject to the Cordillera Valley Club Metropolitan District executing Intergovernmental Agreements substantially in the form attached to the Service Plan. WHEREAS, the proposed District shall not be authorized to incur any indebtedness or appropriate any funds for the acquisition, construction, relocation, completion, installation and/or operation and maintenance of (1) certain streets, driveways, parking areas, and related streetscape and street safety improvement; (2) open space, berm, drainage way and landscaped areas; (3) design review, covenant control and internal security and traffic control services; (4) certain park and recreation facilities; and (5) mosquito and weed control services until such time as said District has approved a proposed Intergovernmental Agreement with both WECMRD and Edwards Metropolitan District concerning the overlap of the Districts' boundaries and the coordination and non - duplication of services. Cordillera Valley Club Metropolitan District's Agreement with this section is hereby incorporated into the Service Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: Section 1. That the Board does hereby determine that all of the requirements of Title 32, Article 1, Part 2, C.R.S., as amended, relating to the filing of a Service Plan for the proposed Cordillera Valley Club Metropolitan District have been fulfilled and that Notice of Hearing was given in the time and manner required by law, and that the Board has jurisdiction in the matter. Section 2. That the Board does hereby find and determine that: (A) There is sufficient existing and projected need for organized service in the area to be served by the proposed District; and (B) The existing service in the area to be served by the proposed District is not adequate for present and projected needs; and (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; and, with specific reference to the Western Eagle County Metropolitan District ( "WECMRD "), and Edwards Metropolitan District ( "Edwards "), the boundaries of which overlap those of the proposed District, (i) WECMRD and Edwards have consented to the overlap of the proposed District, and (ii) the proposed improvements and facilities of the proposed District will not duplicate or interfere with any other { improvements or facilities already constructed or planned to be constructed by WECMRD or Page: 3 of 6 „I VIIIIII' I� I VIII II VIII I II 804576 0..33a Sara J Fisher Eagle, CO 370 R 0. 00 D 0.00 Edwards within the overlapping area; and (D) The proposed special District is capable of providing economic and sufficient service to the area within its proposed boundaries; and (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; and (F) The facility and service standards of the proposed District is 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; and (G) The proposal is in substantial compliance with a master plan adopted pursuant to section 30 -28 -106, C.R.S.; and (H) The proposal is in compliance with any duly adopted county, regional, or state long -range water quality management plan for the area; and (1) 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 Cordillera Valley Club Metropolitan District is hereby approved. 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, at is regular meeting held the jjjjday of August, 2002. 0 Clerk to the Board of County Commissioners Am M. Wnconi, Commissioner <76no C) Tom C. tone, Commissioner Commissioner econded adoption of the foregoing resolution. The roll having been called, the vote w s as follows: Chairman Gallagher _ Commissioner Menconi Commissioner Stone This Resolution passed by _g3 U vote of the Board of County Commissioners of the County of Eagle, State of Colorado. dhm \cvcresolution IIIIIRIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 804576 Page: Sara J Fisher Easle, CO 370 R 0. 00 D 0. 00 Edwards Metropolitan District July 17, 2002 Board of County Commissioners County of Eagle 804576 P. O. Box 850 Page: 5 of 6 Eagle, CO 81631 Sara J Fisher Eagle, CO 370 R 0.00 08I16D20.0010:33A Re: Overlapping Consent for Cordillera Valley Club Metropolitan District Dear Commissioners: The Board of Directors of the Edwards Metropolitan District ( "EMD ") hereby, acknowledges that the Cordillera Valley Club Metropolitan District is proposed to be organized under a Service Plan, submitted for the approval of the Commissioners. Under the Service Plan, the District is authorized to accept, construct, operate and maintain certain street, street safety, streetscape and open space. and drainage areas, and park and recreation properties and facilities that are intended to be used exclusively by the residents and property owners of the property within its boundary. These improvements are to be provided largely within the boundaries of the new District though it is also contemplated that it may contribute to regional facilities and services. EMD is also empowered to provide the same general categories of services to the area located within and surrounding the proposed boundaries of the new District, and as such it is a precondition of organization of the new District, under § 32- 1- 107(3), C.R.S., that the consent of EMD be obtained for the resulting jurisdictional "overlap" of powers. Thus, it should be a condition of the Commissioners' approval of the Service Plan that such consent be obtained. In order to ensure that the facilities to be financed, constructed and installed by the new District under the Service Plan do not duplicate or interfere with any improvements or facilities constructed or planned for construction by EMD, and to the extent that any facilities or improvements are to be transferred to and operated by EMD, once the new District is organized, an intergovernmental agreement substantially in the form attached to the Service Plan shall be entered into between the new District and EMD. The new IGA shall set forth the manner in which the parties shall coordinate any new facilities and services in both the area of overlap as well as for any extraterritorial services provided by the new District, if any, and shall prescribe the procedures for conveyance, if any, of the improvements constructed by the new Districts to EMI). There may in this regard be more than one IGA. C.R.S. Given these conditions, EMD hereby consents to such overlap pursuant to § 32 -1- 107(3), Sincerely yours, EDWARDS METROPOLITAN DISTRICT f David D. Lach° Director EXHIBIT t Administrative Management Provided By Robertson & Marchetti, P. C. 28 Second Street, Suite 213, Edwards, CO 81632; Phone (970) 926 -6060; Fax (970) 926 -6040 WESTERN EAGLE COUNTY METROPOLITAN RECREATION DISTRICT 214 CAPITOL ST. • P.O. BOX 246 • EAGLE, CO 81631 (970) 328 -6909 • FAX (970) 328 -6955 July 17, 2002 Board of County Commissioners County of Eagle 804576 P. O. Box 850 Page: 6 of 6 Eagle, CO 81631 08/16/2002 10:33A Sara J Fisher Eagle; Co 370 R 0.00 D 0.00 Re: Overlapping Consent for Cordillera Valley Club Metropolitan District Dear Commissioners: The Board of Directors of the Western Eagle County Metropolitan Recreation District ( "WECMRD ") hereby acknowledges that the Cordillera Valley Club Metropolitan District is proposed to be organized under a Service Plan, submitted for the approval of the Commissioners. Under the Service Plan, the District is authorized to accept, construct, operate and maintain certain street, street safety, streetscape and open space and drainage areas, and park and recreation properties and facilities that are intended to be used exclusively by the residents and property owners of the property within its boundary. These improvements are to be provided largely within the boundaries of the new District though it is also contemplated that it may contribute to regional facilities and services. WECMRD is also empowered to provide the same general categories of services to the area located within and surrounding the proposed boundaries of the new District, and as such it is a precondition of organization of the new District, under § 32 -1- 107(3), C.R.S., that the consent of WECMRD be obtained for the resulting jurisdictional "overlap" of powers. Thus, it should be a condition of the Commissioners' approval of the Service Plan that such consent be obtained. In order to ensure that the facilities to be financed, constructed and installed by the new District under the Service Plan do not duplicate or interfere with any improvements or facilities constructed or planned for construction by WECMRD, and to the extent that any facilities or improvements are to be transferred to and operated by WECMRD, once the new District is organized, an intergovernmental agreement substantially in the form attached to the Service Plan shall be entered into between the new District and WECMRD. The new IGA shall set forth the manner in which the parties shall coordinate any new facilities and services in both the area of overlap as well as for any extraterritorial services provided by the new District, if any, and shall prescribe the procedures for conveyance, if any, of the improvements constructed by the new Districts to WECMRD. There may in this regard be more than one IGA. C.R.S. Given these conditions, WECMRD hereby consents to such overlap pursuant to § 32 -1- 107(3), Sincerely yours, WESTERN EAGLE COUNTY METROPOLITAN RECREATION DISTRICT ektt� OLW—tZi Cheri Curtis, Secretary