Loading...
HomeMy WebLinkAbout2.0 CorrespondenceROBERT DELANEY KENNETH BALCOMS JOHN A. THULSON EDWARD MULHALL, JR. ROBERT C. CUTTER SCOTT M. SALCOMB DAVID R. STURGES LAWRENCE R. GREEN SCOTT MCINNIS PAMELA H. PRESCOTT ROBERT M. NOONE DELANEY & BALCOMB, P. C. ATTORNEYS AT LAW DRAWER )BO GLEN -WOOD SPHINOO, COLORADO 0100@ April 2, 1985 Board of County Commissioners Garfield County, Colorado Courthouse 109 8th Street Glenwood Springs, CO 81601 (HAND DELIVERED) Gentlemen: SIS COLORADO AVENUE 949.6646 TELEPHONE 946.23]1 AREA CODE 303. 100 APR 2 1985 1 RE: Landis Sanitation District Pursuant to action taken by you on April 1, 1985, I herewith enclose three copies of Modification of Service Plan for the Proposed Landis Sanitation District. This document contains the modifications submitted by the under- signed on February 7, 1985, as well as the modifications required by you under document entitled "Conditional Ap- proval of the Proposed Service Plan for Wastewater Utility System for the Landis Sanitation District, Garfield County, Colorado," as amended during the meeting on April 1, 1985. To facilitate your review of the Modification, the Modification is the same as the Modification submitted February 7, 1985, with the following exceptions, to -wit: (1) Paragraph 2 has been added. (2) Paragraph 4(d) has been added. Copies of this document have been delivered to the Garfield County Attorney and Planning Department. Please contact me as soon as possible in the event the Modification is unacceptable for any reason. If not, I Board of County Commissioners April 2, 1985 Page Two will assume that the same is acceptable and that a final resolution of approval will be given by you. Very truly yours, DELANEY & BALCOMB, P.C. By J hn A. Thulson Attorneys for Spring Valley Holding, Ltd, Proponent of the Landis Sani- tation District JAT:sjg Encs. cc: Garfield County Attorney Garfield County Planning Department MOD'IFI'CATION OF SERVICE PLAN FOR THE PROPO'SEDLANDIS SANITATION DISTRICT The following are hereby submitted as modifica- tions of the Service Plan of the proposed Landis Sanitation District required by action of the Garfield County Commis- sioners at a regular meeting held by it on April 1, 1985. The modifications are: (1) All general obligation bonds issued to carry out the construction of the facilities for Phase I of the project shall be secured by an irrevocable letter of credit issued by a United States domestic banking institution federally chartered under United States banking regulations for the total amount of all bonds issued, together with an amount, sufficient to repay no less than seven (7) months' accrued interest -on the bonds so issued. (2) The irrevocable letter of.credit, the cost of which shall be solely borne by the Developer, Spring Valley Holding, Ltd., shall be expressly for the use and benefit of the proposed District. Should the Board of Directors of the proposed District determine that it is necessary to place a call upon said irrevocable letter of credit in order to avoid the certification of an unreasonable or excessive mill levy upon the taxable property within the District, when compared to the mill levies imposed by similarly situated special districts, for the purpose of punctually paying any bonded indebtedness then due and owing, then a mandatory redemption of such of the bonds which are secured by the letter of credit as shall be re- quired to pay the bonds then due and owing shall be required of the Trustee. The cost of such mandatory redemption of such bonded indebtedness shall be borne by the Trustee drawing upon the irrevocable letter of credit posted by the Developer for the express use and benefit of the proposed District. (3) All general obligation bonds issued for the construction of facilities in all subsequent.Phases shall be issued only through a reputable bonding firm. (4) The following shall pertain to the sewage treatment facilities: (a) The vegetation surrounding the plant shall be maintained at the cost of the District in a good and husband -like manner. (b) The plant shall be located within 250 yards of its presently depicted location unless made un- feasible due to severe engineering constraints. (c) The plant shall be operated in an odor - free manner, such operation to be demonstrated on final plant design. (d) The appropriate agencies of the State of Colorado shall approve the specific sewage treatment system. -2- (5) The following additional matters shall per- tain to annexation of other certain other properties to the District :and the furnishing of services by the District to properties not included within the boundaries of the Dis- trict, to -wit: (a) Existing single-family residences :in existence on date of the formation of the District but not within the boundaries of the District may contract for services with the District; provided, however, services to be provided shall be specifically spelled out in a contract which shall also require: (i) That the individual property owner pay for all sewage facilities leading to the connection with District facilities, but which facilities shall be con- structed under the supervision and inspection of the Dis- trict; (ii) That each 'property owner will pay the prevailing tap fee then being charged to residents of the District; (iii) That each property owner shall pay service charges for operation and maintenance on the same schedule as residents of the District; (iv) That each property owner shall be subject to bylaws, rules and regulations of the District the same as if included in the boundaries of the District; provided, -3- however, they shall not be required to pay ad valorem taxes assessed by the District. (b) Single-family residences in existence on the date of the formation of the District shall not be required to annex into the District; however, they may do so upon petition, review and acceptance. (c) Any residences coming into existence after the formation of the District shall receive service from the District only upon annexation into the District. SPRING VALLEY HOLDING, LTD. aye 111t p Hal Terrell Agent and Owners' Representative Proponent of the Landis Sanitation District -4- GARFIELD COUNTY Board of County Commissioners FLAVEN CERISE _ COUNTY COURTHOUSE Carbondale 81623 109 8th Street Suite 300 ROBERT J. RICHARDSON Glenwood Springs, CO 81601-3303 Rifle 81650 Telephone: (303) 945-9158 (303) 625-5571 LARRY R. SCHMUESER Glenwood Springs 81601 ROGER LUDWIG Administrative Assistant The Garfield County Board of County Commissioners, in accordance with the requirements of the Colorado Special District Control Act, and specifically Sections 32-1-203 and 204, C.R.S., as amended, considered the proposed Service Plan for the waste water utility system for the Landis Sanitation District, at a public hearing held on March 11, 1985. All interested parties, as defined by statute, who were present at the hearing and the applicants representatives, also present at the hearing, were given an opportunity to be heard on the merits of the Service Plan submitted. In addition to the Service Plan submitted to the Garfield County Clerk and Recorder on January 11, 1985, the Board of County Commissioners also considered the modifications to the Service Plan submitted .on the applicant's behalf on February 7, 1985. The Board of County Commissioners finds that the proposed Service Plan, with the modifications submitted on February 7, 1985, is in substantial compliance with the statutory requirements as set forth at Section 32-1-202(2), C.R.S., as amended. However, the Board of County Commissioners does hereby find that satisfactory evidence was presented at the public hearing that one or more of the criteria set forth at Section 32-1-203, C.R.S., as amended, have been met unless the following specified modifications to the proposed Service Plan are adopted. There was satisfactory evidence presented at the March 11, 1985 public hearing before the Board that the Service Plan, as presently proposed, is such that the area to be included in the proposed Special District does not have, or will not have, the financial ability to discharge the proposed indebtedness on a reasonable basis. The modifications, which the applicant submitted on February 7, 1985, are inadequate to provide the proposed Special District with the financial ability to discharge the proposed bonded indebtedness on a reasonable basis. The Service Plan as proposed, fails to make adequate provision to guarantee that the District, when formed, will not be compelled, at some future date, to impose i an unreasonable and confiscatory mill levy, pursuant to Section 32-1-1201, C.R.S., as amended, in order to retire the proposed bonded indebtedness of the District should the applicant's development and sales projections, as set forth in the Service Plan proposal, prove to be inaccurate. Colorado law requires that the Board of Directors of a Special District, as proposed by the applicant, must raise sufficient funds to retire the District's bonded indebtedness, as it comes due. The applicant's Service Plan proposes a bonded indebtedness for Phase One of the project of approximately $1,475,000.00. Should the tax base projected in the Service Plan proposal not become available at the time or in the manner projected in the Service Plan, and the bonded indebtedness for Phase One of the project has been incurred, the District's Board of Directors would be required to raise sufficient funds, by imposition of a unreasonable, confiscatory mill levy or otherwise, to satisfy such bonded indebtedness. The statutory obligation upon the Board of Directors of the proposed Special District to raise the funds required to retire any indebtedness of the District as it comes due, could result in the District being unable to discharge the bonded indebtedness proposed in the Service Plan on a reasonable, non -confiscatory basis, in the absence of the developer, Spring Valley Ranch Limited, providing sufficient financial guarantees or security for the use and benefit of the District. Such financial security or guarantees, as provided by an irrevocable letter of credit for the use and benefit of the proposed District, would enable it to discharge the proposed bonded indebtedness by drawing upon such adequate financial security or guarantees posted for that express purpose, should the District Board determine that it would be required by State Law to impose an unreasonable and confiscatory mill levy upon the taxable property within the District. Approval of the Service Plan for the proposed Landis Sanitation District is conditional upon the applicant amending the Service Plan as follows. Paragraph 1 of the modification of Service Plan for the proposed Landis Sanitation District as submitted on February 7, 1985, shall be amended by the addition of the following language at the conclusion of the paragraph: This irrevocable letter of credit, the cost of which shall be solely borne by the Developer, Spring Valley Ranch Liroi.ted, shall be expressly for the use and benefit of the proposed District. Should the Board of Directors of the proposed District determine that it is necessary to place a call upon said irrevocable letter of credit, in order to avoid the certification of an unreasoziable, confiscatory mill levy upon the taxable property within the District, for the purpose of punctually paying any bonded indebtedness then due and owing, then a mandatory 2 redemption of the bonds secured by the letter of credit shall be required of the Trustee. The cost of such mandatory redemption of any bonded indebtedness shall be borne by the Trustees drawing upon the irrevocable letter of credit posted by the Developer for the express use and benefit of the proposed District. 3 ROBERT DELANEY KENNETH BALCOMB JOHN A. THULSON EDWARD MJL.ALI, JR. ROBERT C. CUTTER SCOTT M. BALCOMB DAVID R. STURGES LAWRENCE R. GREEN SCOTT MCINNIS PAMELA H. PRESCOTT ROBERT M. HOONE DELANEY & BAY -COMB, P. C. ATTORNEYS AT LAW DRAWER 790 GLEmF oOO SPRINGS, COLORADO 81802 January 22, 1985 Mr. Larry Schmueser Mr. Bob Richardson Garfield County Commissioners 109 8th Street, Suite 300 Glenwood Springs, CO 81601 JAIL BIB COLORADO AVENUE TELEPHONE 045-5546 945-2371 AREA CODE 303 ' v? 2 8� 1985 t� GARFIELD GO. PLANNER RE: Landis Sanitation District Dear Larry and Bob: According to the January 15th issue of the Glen- wood post, you received some advice from Flaven Cerise pertaining to the actions of the previous Board of County Commissioners concerning the Landis Sanitation District. I know that there is a large area of doubt as not what the paper reported and what really hato whether or similar; however, ppened i in the event that the newspaper has re- - ----- ported correctly, I would like to add a couple of points of advice that are factual. They are: (1) The Planned Unit Development application approved by the previous Board of County Commissioners stated that the Sanitation District would be bonded. See Section VII of the Preliminary Service Plan for the Landis Sanitation District included in the Planned Unit Development application as an appendix. her he proving the2sketchtplantforRthe lSpring( Valley Ranchap Planned Unit Development nor the Resolution (no. 84- 127) approving the Planned Unit Development rezoning and plan restricted the formation of a special improve- ment district to be funded through bonding. The only paragraphs which allude to the subject are contained in the rather voluminous Resolution No. 84-127, specifically paragraphs 4(c) and (d), and neither restrict nor direct how a special improvement district shall be funded. Mr. Larry Schmueser Mr. Bob Richardson January 22, 1985 Page Two (3) The proposed Landis Sanitation District includes not only Spring Valley Ranch but also Lake Springs Ranch which has received final plat approval from the county and needs only sanitation facilities to complete its project. Because both the state and the county have a non-proliferation policy of special improvement districts and only one is necessary in order to serve both developments, it seemed that now would be the appropriate time to file a service plan for the Sanitation District. If the newpaper article is correct that Flaver. Cerise has already pre -judged the service plan and will. in fact vote "no" on the same, we felt it important that _you be advised concerning the points upon which he relies for voting "no" on the project. Very truly yours, DELANEY & BALCOMB, P.C. j r BY ✓�; J John At Thulson JAT:sjg cc: Mr. Hal Terrell Mr. Robert B. Emerson GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING/ ENVIRONMENTAL HEALTH/ BUILDING: 945-8212 NE M O R A N D U M TO: Lee Hunter, County Assessor FROM: Mark Bean, Director, planning DepartmentO DATE: January 23, 1985 RE: Landis Sanitation District Service Plan Enclosed are portions of the Landis Sanitation District Service Plan document. As you are aware, we have a very short timeline to respond to this application. The Planning Commission will oe having a meeting on February 6, 1985 to review the application. Then, on February 11, 1985, the Board will be holding a public nearing. I would appreciate any comments you might have regarding this proposal to present to the planning Commission and the Board. If you need additional copies or information, Please let me know. GARFIELD COUNTY COURTHOUSE 109 8TH STREET. SUITE 306 GLENWOOD SPRINGS. COLORADO 81601 GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING/ ENVIRONMENTAL HEALTH/ BUILDING: 945-8212 MEETING NOTICE M E M O R A N D U M TO: Planning Commission FROM: Mark Bean, Director, Planning Department/—),*fe DATE: January 16, 1985 RE: Landis Sanitation District Service Plan As you may now be aware via the local media the Service Plan for the Landis Sanitation District (Spring Valley Ranch P.U.D.) was submitted on Friday, January 11, 1985. By statute, the Board of County Commissioners had to set a public hearing date for consideration of the proposed district within 30 days at their next regular meeting after the application is filed with the Clerk and Rcorders. As required, the public hearing date has been set for Monday, February 11, 1985, at 9:00 a.m. It is also required by statute, that the Planning Commission make a recomendation to the Board within the 30 day period. To do this, we will have to have a special meeting. A meeting on Wednesday, February 6, 1985, at 2:00 p.m. has been set to give everyone the maximum amount of Possible to review the proposal. time Copies of pertinent sections of the proposal are being included with this memorandum. Additional comments and issues than the week prior to the meeting. will be sent to you no later If anyone cannot attend this meeting, please notify the Planning Department office as soon as possible. GARFIELD COUNTY COURTHOUSE 109 STH STREET, SUITE 306 GLENWOOD SPRINGS. COLORADO 81601 s � t ' V@IteY 5 J it 9- o I'M J f � d � N�6B tl F s � t ' V@IteY 5 J it 9-