HomeMy WebLinkAbout1.0 Application• GARFIELD COUNTY
COUNTY ATTORNEY'S OFFICE
P.O. Box 640 Glenwood Springs, Colorado 81602-0640
MEMORANDUM
TO: Dennis Stranger, Director
Department of Development
FROM: Earl G. Rhodes ��1
Garfield County Attorney
Phone 945-9150
i
FEB 9 1984 J
11,
GAkFiELD GQ. PLANt tR
DATE: February 7, 1984
SUBJECT: Review of Proposed Amended Service Plan for the Glenwood
Springs Rural Fire Protection District
I. INTRODUCTION
You have requested that this office perform a staff review on
the proposed amended service plan for the Glenwood Springs Rural
Fire Protection District (hereinafter referred to as "Fire
District"), so that you, the Planning Commission and the Board of
County Commissioners can have the benefit of this review.
II. HISTORY
In 1965, the Colorado Legislature enacted the Special District
Control Act (32-1-101, et seq., C.R.S., as amended), which, for the
first time, gave the Board of County Commissioners a role in the
formation of special districts. Pursuant to the terms of that Act,
the Glenwood Springs Rural Fire Protection District was formed,
presumably with the approval of the Board of County Commissioners of
Garfield County. The minutes of the Board of County Commissioners,
on June 5, 1967, indicate that a public hearing was to be held on
June 20, 1967, and that notice of that hearing be sent out.
However, there are no minutes from that date, therefore, I have no
knowledge of what action, if any, the Board of County Commissioners
took. Attached hereto and marked Exhibit "A" is a copy of the
Petition to the District Court in regards to the formation of the
Fire District. According to Mr. Dembinsky, Secretary and attorney
for the present Fire District, this is the only information he has
as to the original service plan. Therefore, the service plan that
is proposed to be amended in its original form provided for the
purchase of one (1) fire truck and appurtenant and necessary
equipment, which equipment was to cost approximately Thirty Thousand
Dollars and No/Cents ($30,000.00). Apparently, this was the extent
of the service plan.
/0
Dennis Stranger, Director
February 7, 1984
MEMORANDUM, Page Two
Section 207(2) of the Special District Control Act provides:
"Material modifications of the service plan, as
originally approved, may be made by the governing body
of such special district only by petition to and
approval by the Board of County Commissioners in
substantially the same manner as is provided for the
approval of an original service plan;"
From this, it can be implied that the requirements of Part 2 of the
Special District Control Act apply as well to an amendment as to an
original service plan.
III. ANALYSIS OF THE PROPOSED SERVICE PLAN
Applying the criteria set forth in Section 202(2) to
plan, I find the service plan complete, except for the
a map. It is the position of the Petitioner, since the
already in existence, that people are on notice of the
a district and a map is not necessary. I tend to agree
of an already existing district serves no purpose
circumstances.
the service
inclusion of
district is
existence of
that a map
under these
In regard to the criteria of approval, please see Exhibit "B",
which is a copy of Section 203. In general, these criteria are not
applicable to an amendment of a service plan since the district is
already in existence. For example, the approval or disapproval of
the amendment has no relationship to the proliferation of a special
district, since the proposed amendment would not change the existing
district boundaries. Likewise, since the district is already in
existence, there is no purpose in questioning the need for the
existence of the district. If this review process has any meaning,
it appears to focus on whether there is a need for the amendments
suggested in the service plan. These proposed amendments appear to
be of two-part: 1) what authority the plan must contain for a
bonded indebtedness for an immediate expansion, and 2) what the
future needs are in terms of authority for bonded indebtedness.
As to the first issue, the role of the Board of County
Commissioners and that of the Planning Commission is clouded by a
special election, which will occur on February 7, 1984 as to this
matter. I see a complete identity of issues between what the voters
are going to vote on and the findings acquired by the statutes from
both the Planning Commission and the Board of County Commissioners.
If the voters approve the special election, that appears to me to be
conclusive that the immediate needs or immediate authority of the
district should be approved. If the voters deny the bond issue, it
1/
Dennis Stranger, Director
February 7, 1984
MEMORANDUM, Page Three
is a demonstration there is a lack of sufficient need to do these
things or, possibly, that although the need exists, there is no
desire or an inability to pay for the necessary improvements.
However, I consider it extremely unlikely that the people would
approve the authority for bonded indebtedness and the Board of
County Commissioners would deny the people the right to incur such
debt. Conversely, if the bond election does not pass, I would be
surprised at finding there is a need for this expansion of the
special district services.
One question which the amended service plan does leave open for
the Planning Commission and Commissioner consideration is the
additional dollar limits requested as to future bonded indebtedness
and operating expenditures. Although the numbers included have some
basic credibility, I have no comment as to whether they are
reasonable or not.
IV. CONCLUSION
Section 32-1-207(2) requires that the Garfield County Planning
Commission and the Garfield County Board of County Commissioners
review the proposed amended service plan. Because of the election
of February 7, 1984, the issues to be decided in this matter will
actually be determined by a vote of the people. Depending upon that
vote, two (2) basic issues will remain. The first issue is, if the
election loses, whether the service plan should be amended because
it may be an appropriate thing to do, even though the voters, at
this time, do not want to pay for it. Secondly, if the election
passes, then the only question has to do with future construction
not approved by the voters at this time.
In conclusion, I feel the County has a limited role to play in
this particular situation.
/sl
Before the Board of County
Commissioners, Garfield County
State of Colorado
In the matter of the Amending
of the Glenwood Springs Rural
Fire Protection District
Service Plan
AMENDED
SERVICE PLAN
Comes now the Board of Directors for the Amendment
to the Service Plan for:
THE GLENWOOD SPRINGS RURAL FIRE PROTECTION DISTRICT
and files with the Board of County Commissioners the Following
Amendment to the Service Plan as required in Title 32, Article
1, Section 209 (3 & 4) Colorado Revised Statute, 1973, as amended.
1. FINANCIAL SURVEY:
The Glenwood Springs Rural Fire Protection District
was officially formed in 1967 for the Primary Purpose of supplying
Fire Protection to the residents of the District. The District
serves those areas of Garfield County which are situate in the
general service are of the City of Glenwood Springs, and which
can be reached within a reasonable period of time by fire fighting
equipment.
In 1967 the Estimated Population of the District
was 1,675. The 1984 Estimate of Population increased 418% to
7,000 people while the Assessed Valuation increased 1,361% (1983
Value for use in 1984), from $1,750,000 to $23,824,690.
A survey of the current needs of the District as
well as potential future needs has made it important that the
District expand its present capabilities to provide fire protection
to the residents of the District.
The voters of the District will be asked to authorize
the issuance of General Obligation Bonds in the approximate
amount of $600,000 (not to exceed $650,000) , at an interest
rate not to exceed 13%, for a term not to exceed 20 years.
The purpose of the issue is for land acquisition and construction
of a fire station in the West Glenwood Springs area and to use
any remaining funds for the acquisition of necessary and appertenant
equipment. Projected use of proceeds is as follows:
A. Building to be constructed:
Approximately 6,650 square feet, more or less, to
include approximately 3,400 square feet for an Apparatus Room
capable of housing three fire trucks and one ambulance; approximately
3,250 square feet of space for offices, meeting room, storage,
restrooms, kitchen, and mechanical room space. Equipment consists
of that equipment for furnishing the mechanical room and a kitchen
along with any equipment deemed necessary by the District's
Governing Board to supplement the building including the use
of available proceeds for acquisition of equipment appertenant
to the building, vehicles, or other uses. Architectual,Engineering,
Legal, Fiscal, Administrative, and/or other professional services
and debt issuance expenses will be considered a part of the
capital costs of improvements to be made.
A (a). Projected Cost Estimates:
1. Building, approximately 5,000 sq.ft. $460,000
2. Land Acquisition 63,000
3. Equipment 40,000
4. Architectual/Engineering 30,000
/3
Board of County Commissioners
Garfield County
Page Two
5. Legal/Underwriting
6. Reimbursable expenses
7. Bond Issuance Expenses
8. Contingency
Amended Service Plan
30,450
2,000
7,800
16 .7 50
TOTAL $650,000
The above estimates may be reallocated according to actual
costs in providing for the proposed improvements, as the District's
Board of Directors deems necessary.
B. Fire Truck Acquisitions:
The District has acquired several fire trucks and
shall have the option of acquisition or lease -purchase with
available monies legally available to.the District for such
purposes. In addition, the District may acquire or lease -purchase
ambulance vehicles and equipment with monies legally available
to the District for such purposes.
B (a) Projected Cost Estimates:
a. Fire Truck
b. Ambulance
$100,000
25,000
C. Maintenance and Operations:
The District has increased its General Fund levy and
Pension Fund Levy from the original filing of 3.5 mills to 5.388
mills. Mill levy increases have been approved by the Division
of Local Government and Local voters where required by Colorado
Law.
D. Future Needs:
The District's Governing Board anticipates that future
growth within the District, as well as the present population,
could necessitate the need for future expansion to existing
facilities, construction and/or acquisition of additional facilities,
and purchase of additional equipment. This need within the
next 20 years could consist of additional apparatus room(s) ,
space not to exceed 15,000 square feet, additional office(s)
and service(s) facilities (including, but not limited to, meeting
rooms, storage, restrooms, kitchen facilities, mechanical rooms
etc. with necessary appurtanances and equipment) not to exceed
12,000 square feet, and additional equipment (including ambulances).
Additional land acquisition and site preparation along with
legal, financial, administrative, engineering, architectual,
other professional services and finance costs are also anticipated
within the next 20 years.
D (a). Projected Cost Estimates: (In addition to proposed
1983 proposed costs).
1. Apparatus Room(s) and Office(s) and
Service(s) Space(s) in one or more
Locations, additions, replacements, or
remodeling to existing facilities, not
to exceed 27,000 square feet $1,500,000
2. Equipment, including additional or
replacement or refurbishing up to
5 additional fire trucks and 2 ambulances
3. Land Acquisition from any portion of one
acre to 50 acres for use, sale or trade
to accomplish District objectives of fire
protection
4. Architectual, Engineering and/or any other
600,000
600,000
Board of County Commissioners
Garfield County
Page Three
Amended Service Plan
professional fees not to exceed 15% of
project costs
5. Legal, Fiscal, Administrative, Finance
and/or other Financial Issuance costs
not to exceed the Colorado Statutory
provisions, Interest Rates not to exceed
15% Net Effective Rate, Discount(s) for
each issue not to exceed 4%.
$ 225,000
210,000
Total ESTIMATED Projected Costs $3,135,000
E. Estimated Annual Expenditures:
Operating Expenditures:
1984 Budgeted $175,318
Up to and including 2003 (Estimated at,
but not limited to 7% per year increase,
but could be any allowable increase
legally allowable to the District
(includes increased personnel)
Pension Fund:
Up to and including 2003 (Estimated at,
but not limited to 7% per year increase,
but could be any allowable increase
legally allowable to the District
(includes increased personnel)
$ 600,000
$ 150,000
The estimated valuations of property included within
the District indicated a mill levy on the 1984 Budget of 5.388
mills for operations. Anticipated mill levies by 2003 include
a projected assessed valuation, but not limited to, $98,000,000
Operating Expenditures of, but not limited to, $154,000 to $600,000,
Pension expenditures of, but not limited to, $30,000 to $150,000
Debt Service of, and limited to, unless changed by an amendment
to the Service Plan, $250,000 to $2,100,000 for a mill levy
total of, but not limited to, 5 to 26 mills. The mill levy
would be subject to changes in the above conditions.
IT IS HEREBY NOTED THAT THE SERVICE PLAN AMENDMENT
IS INTENDED FOR THE PURPOSE OF ANTICIPATING GROWING NEEDS FOR
FIRE PROTECTION WITHIN THE GLENWOOD SPRINGS RURAL FIRE PROTECTION
DISTRICT AND ALLOWS FOR MAXIMUM FLEXIBILITY IN FUTURE PLANNING.
IT IS NOT INTENDED AS A PROPOSAL WHICH WILL BE FORCED UPON THE
PEOPLE WITHOUT THEIR INPUT. ADDITIONAL PUBLIC INPUT WILL BE
AVAILABLE THROUGH THE PROCESSES OF ELECTIONS HELD FOR THE PURPOSES
OF ISSUING DEBT AS REQUIRED BY COLORADO STATUTES.
II. ENGINEERING SURVEY
The fire protection within the District can be served
from two facilities, one of which is presently available, with
the possible need for expansion, remodeling, or replacement
of these facilities and/or the addition of other facilities
if future growth dictates such a need. Maximum time to reach
any part of the District is 45 minutes.
Existing equipment will be repaired or replaced when
need and financial ability dictate and the District's Board
so elect to do so.
Possible new facilities and equipment in the future
include the expansion, addition to, replacement of, or remodeling
of present facilities including several possible new stations
l�
Board of County Commissioners
Garfield County
Page Four
Amended Service Plan
and possible addition of up to five additional fire trucks and
two additional ambulance/rescue vehicles.
The Board of Directors may enter into any intergovernmental
service agreements as allowed by Colorado Law.
A. Estimated expenses of facilities are:
1. Additional, replacement, or remodeling
of building space
2. Land Acquisition
3. Equipment
4. Architectual & Engineering
5. Other: Financial, Legal, Contingency,
etc.
$460,000
63,000
40,000
30,000
57,000
Total Estimated Project Costs $650,000
B. Future Capital Needs:
1. Additional, replacement, or remodeling
of building space $1,500,000
2. Additional, refurbishing, or replacement
of equipment 600,000
3. Land Acquisition
4. Architectual, Engineering, Professional
Services
5. Legal, Financial, Administrative, Finance,
and/or other Financial Issuance costs
(SEAL)
600,000
225,000
210,000
Total Estimated Project Costs $3,135,000
Respectfully Submitted:
BOARD OF DIRECTORS
GLENWOOD SPRINGS RURAL FIRE PROTECTION DISTRICT
Primo Martino, President & Chairman
Joel H. Dembinsky, Secretary
/G
Proceedings of the Board of
y Commissioners, Garfield County, Colo., • May
19.. 67
aur wnr Ind. ITAY o coioumo vi�Tai W6<71'—
WEDNESDAY MAY 24, 1967
The Board met in Special Session there being present Chairman Pete Mattivi,
Commissioners Lowell Noren, W. H. Harlan, County Attorney Chas. F. Stewart and
Clerk Chas. S. Keegan.
Application for Fermented Malt Beverage 3.2% Beer was received from Clyde
F. George, d/b/a Antlers Store, application was approved. County License to be
issued uponapproval by the State.
.Application for Fermented Malt Beverage 3.2% Beer was received from Trapers Lake
Lodge Inc., application was approved. County License to be issued upon approval by
the State.
A hearing was held on an application filed by Elmer Arbaney and Donald L.
Van Hoose for a 3.2 beer license for a location on Four Mile Creek about seven miles
from Glenwood Springs. The parties appeared in person and by Allen Thulson, attorney
at law, and in addition to the application exhibited a proof of publication s:.owing
three publications in the Glenwood Post prior to the day set for hearing and four
letters of recommendation.
There being no petitions or remonstrances, filed for or against the granting
of said application, on motion of Commissioner Harlan, seconded by Commissioner Noren,
and unanimously passed and adopted, the Chairman was authorized to execute the
application showing approval by Garfield County.
Mr Thuls,n also presented to the Board a service plan for the proposed
Glenwood Springs Rural Fire Protection District, pursuant to the provisions of Chapter
89-18-1, C. R. S. 1963, as amended, in the Sessions Law of 1965, P4;;e 887 et seq.
It was noted that the Commissioners had heretofore fixed the sum of 850.00 to be
deposited by the propenents of said District to cover costs. Following discussion ,
it was moved by Commissioner Noren, seconded by Commissioner Harlan that a time for
hearing be fixed for Tuesday, June 20th at 10:00 o'clock A. M. at the County
Courtroom in the Courthouse at Glenwood Springs, Colorado, and that notice be published
three times in The Glenwood Post and that copies be mailed to the following:
The City of Glenwood Springs,
Carbondale and Rural Fire Protection District,
West Glenwood Springs Water District,
West Glenwood Springs Sanitation District.
Said motion was unanimously passed and adopted.
Board adjourned at 3 o'clock P. M. until June 5th, 1967 or subject to the call
of the Chairman.
(C(l.a, l2;
Clerk '
q airman
lY
IF
IN THE DISTRICT COURT IN ,%NND FOR TT{
. w
COUNTY OF GARFIELD .i.\ -.D ST..TC OF COLO
Civil Action No. (l' ! 1
IN RE: THE ORGANIZATION OF
GLENWOOD SPRINGS RURAL FIRE
PROTECTION DISTRICT, GAR_IELD
COUNTY, COLORADO
PETITION
WE, The undersic`:ec taxpaying ei4ctors of the
District hereinafter described present this Otition for the
organization of the Fire Protection District pursuant to and
in accordance with Chapter 89, Article 6, Colorado Revised
Statutes, 1963, and in support of the petitioh state:
li
1.• That the name of the proposed district is
"GLENWOOD SPRINGS RURAL FIRE PROTECTION DISTRICT," located in
Garfield County, Colorado.
2. A general description of the. improvements and
equipment to be purchased within and for the; District is one
fire truck and appurtenant and necessary equipment.
3. That the estimated cost of the improvement and
equipment described in paragraph numbered 2 above is $30,000.00.
4. A general description of the boundaries of the
District more particularly appear on map thereof attached hereto
and made a part hereof by reference.
5. The names of five taxpaying,electors who shall
constitute the first Board of Directors of the District are as
follows:,.
•
(a) Primo Martino
(b) Floyd Baer:m n
(c) George Var.Gaalen
(d) Carter Jac;:son
(e) C. W. McFadden
Theerson named at (a) above shall serve until the
p
second Tuesday in August, 1969.
The persons named at (b) and (c) above shall serve
until the second Tuesday in August of 1971.
The persons named at (d) and (e) above shall serve
untilthe second Tuesday in August of 1973.
6. That each of the undersigned petitioners does
hereby consent to the inclusion in
said District of any and all
ned b him or her located within said proposed District,
lands owY
except as the same may be specifically excludedltherefrom as a
part of the description herein set forth.
WHEREFORE, petitioners pray that this Court enter
such
Orders and Decrees as may be necessary or proper for the
organization of said District.
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