HomeMy WebLinkAbout2.0 Resolution of Denial 99-075I lllijtlllll llllll llllll 1111111111111111111111111111111
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STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held at the Courthouse in Glenwood Springs on Monday the 12th day of July, A.D., 1999,
there were present:
=Jo=hn~M=a=rt=in~--------' Commissioner Chairman
=L=an:y=---~M=c=C~o~wn~--------' Commissioner
_,.W,,_,al .. t._S ... t,,.o'"'"w"'e'----------' Commissioner
Don DeFord County Attorney
~M~i=ld~re=d~A~ls=d=orf~-------' Clerk to the Board
=E=d~Gr=e=en~---------' County Administrator
when the following proceedings, among others were had and done,
to-wit:
RESOLUTION NO. 99-075
RESOLUTION CONCERNED WITH THE DENIAL OF THE AMENDED SERVICE PLAN
FOR WASTE WATER AND WATER UTILITY SYSTEM FOR THE MID VALLEY
METROPOLITAN DISTRICT, GARFIELD COUNTY, COLORADO
WHEREAS, the Mid Valley Metropolitan District., on March 4, 1999 submitted a proposed
amended service plan for waste water and water utility system for the Mid Valley Metropolitan
District, Garfield County, Colorado, to the Clerk and Recorder of Garfield County, Colorado,
ex-officio Clerk to the Garfield County Board of County Commissioners, for the Board's
consideration in accordance with the Colorado Revised Statutes, §32-1-201 et. seq., the
Colorado Special District Act and paid the required processing fee at that time;
WHEREAS, the Garfield County Board of County Commissioners did cause notice of the
date, time and place of the public hearing, required to be held before the Board of County
Commissioners, on the service plan application, to be published in accordance with the
requirements ofC.R.S. § 32-1-204(1), as amended. The Board of County Commissioners did
cause written notice of the public hearing on the application, specifying the date, time and
location of the public hearing, to be provided.to the petitioner and the governing body of any
existing municipality or 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
amended special district, as required by C.R.S. § 32-1-204(1), as amended;
WHEREAS, a duly advertised public hearing was held before the Garfield County Board of
County Commissioners· on July 7, 1999 to consider the amended service plan application for the
proposed Mid Valley Metropolitan District, at which hearing the petitioner's
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representatives, legally interested parties, as defined by statute, and the public were given the
opportunity to present testimony concerning the proposed service plan. The testimony
presented to the Board of County Commissioners, at the public hearing, was extensive and
complete;
WHEREAS, the Garfield County Board of County Commissioners does find that the
amended service plan application as submitted for the Mid Valley Metropolitan District, as
modified in accordance with the applicant's written revisions are not in substantial compliance
with the requirements ofC.R.S.§ 32-1-201 et. seq., as amended;
WHEREAS, the Garfield County Board of County Commissioners does find that satisfactory
evidence has been presented that the proposed amended service plan for the waste water and
water utility system for the Mid Valley Metropolitan District, as modified by the written
revisions submitted by the applicant, does meet three of the criteria for disapproval set forth at
Section 32-1-203(2), C.R.S., as amended; and
WHEREAS, the Garfield County Board of County Commissioners does find that there is
substantial, competent evidence that the proposed amended service plan for waste water and
water utility system for the Mid Valley Metropolitan District, Garfield County, Colorado, as
modified, is not in substantial compliance with the requirements of C.R.S. §32-1-201 et seq., as
amended.
NOW, THEREFORE, BE IT RESOLVED, that the amended service plan for waste waterand
water utility system for the Mid Valley Metropolitan District, Garfield County, Colorado,
submitted on March 4, 1999, as modified by the applicant's written revisions, is hereby denied
due to a lack of satisfactory evidence being submitted for the following:
1. There is sufficient existing and projected need for organized service in the area to
be serviced by the proposed special district.
2. The proposed special district is capable of providing economical and sufficient
service to the area within its proposed boundaries.
3. The proposal is in substantial compliance with a master plan adopted pursuant to
Section 30-28-108, C.R.S ..
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Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
-~Jo=hn~M=a=rt=in~ _________ Aye
-=L=a=rrv~M=c=C~o~wn~ _________ Aye
_ _,_W""'a..,l .... t .,S..,to'-'w""'e.__ __________ Aye
STATE OF COLORADO
COUNTY OF GARFIELD
)
)ss.
)
I, , County Clerk and ex-officio Clerk of the Board of
County Commissioners in and for the County and State aforesaid do hereby certify that the
annexed and foregoing Order is truly copied from the Records of the Proceedings of the Board of
County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this day of A.D. 1999.
County Clerk and ex-officio Clerk of the Board of County Commissioners
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