HomeMy WebLinkAboutCorrection Resolution 2012-84llll fl'li9.a. ':lt1M,IM~il·l.W.. Lf l'Cr-Mf.IA'Mf.H('.*•i 11 ff I Rcc9ptian~: 824344
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STATEOFCOLORADO )
)ss.
COUNTY OF GARFIELD )
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the County
Administration Building in Glenwood Springs on Monday, the lOlh day of September, 2012, there were present:
-~..,,,o=m,....J=ank=·=ov.,.,sk...,.'Y __ _,, Commissioner
_.M......,,.ik-..e =Samso==n.__ _ _,. Commissioner
_,J..,.o:::hn.:..aM"""art=in...._ ___ , Commissioner Chainnan
_.A....,n=dr=e=w_,,G=o.:.crg=ey._ __ , County Manager
_C""'ar=cy~G=agn=on~--· Acting County Attorney
...:J=ean~A=lbe=n=·co...._ ___ ., Clerk to the Board
when the following proceedings, among others were had and done, to-wit:
Correc..-+~ o'"'-~
RESOLUTION NO. 12~M_
RESOLlfflON ADOPTING CATTLE CREEK METROPOLITAN DISTRICT
SERVICE PLAN
WHEREAS, on or about Jw1e 29, 2012, the Service Plan for the proposed Cattle Creek
Metropolitan District (the "Service Plan"), was filed with the Clerk and Recorder of Garfield
County, Colorado, and the Clerk, on behalf of the Board of County Commissioners (the
"BOCC''), provided to the Division of Local Government in the Department of Local Affairs
(the "Department'') a Notice of Filing of Special District Service Plan, and sent a copy of said
Service Plan to the Department on July 3, 2012; and
WHEREAS. the District is generally located in unincorporated Garfield County; and
WHEREAS, the Service Plan was referred to the Garfield County Planning Commission
(the "Planning Commission"), and on July 25, 2012, the Planning Commission, after conducting
a hearing on the Service Plan, favorably recommended the Service Plan to the BOCC; and
WHEREAS, on August 6, 2012, the BOCC set a public hearing date on the Service Plan
for September 4, 2012 {"Public Hearing"); and
WHEREAS, notice of the date, time, location and pmpose of such Public Hearing was
published in the Rifle Citizen Telegram, a newspaper of general circulation in Garfield County,
on August 9, 2012; and
WHEREAS, the BOCC has caused notice of the date, time and location of the Public
Hearing to be mailed to the petitioners and the governing body of the existing municipalities and
special districts which have levied an ad valorem tax within the next preceding year and which
have boundaries within a radius of three miles of the proposed boundaries of the proposed Cattle
Creek Metropolitan District (the proposed ~District"), and the Petitioners for the proposed
District were not required to provide the letter notification of the Public Hearing to the property
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0911112012 H :29:25 Rl'I Jean Alberico Recept.ui.n~: 824344 2 er 4 Rae F•e:S0.00 Dec Fee:0.00 GARFIELD COUNTY CO 09/1912012 03:53:18 Pl'I J•an Rlbe~iee 2 of 4 Rec Fee 1$0 00 Dec F.e:0.80 GARFIELD COUNTY CO
owners in accordance with § 32-1-204(1.5), C.R.S. because one hundred percent (100%) of the
property owners had signed said Petition; and
WHEREAS, on September 4, 2012 at 9:30 a.m., a Public Hearing was opened, at which
time all interested parties, as defined in§ 32-1-204, C.R.S., were afforded an opportunity to be
heard and all testimony and evidence relevant to the Service Plan and the organization of the
proposed District was heard, received and considered.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the
County of Garfield, Colorado, as follows:
I. The BOCC does hereby determine that all procedural requirements of§§ 32-1-
201 et seq., C.R.S., relating to the Service Plan have been fulfilled and that the BOCC has
jurisdiction in the matter.
2. That the BOCC does hereby find:
(a) that there is sufficient existing and projected need for organized service in
the area to be serviced by the proposed District; and
(b) that the existing service in the area to be served by the proposed District is
inadequate for present and projected needs; and
(c) that the proposed District is capable of providing economical and
sufficient service to the area within their proposed boundaries; and
(d) that the area to be included in the proposed District can, or will have! the
financial ability to clischarge the proposed indebtedness on a reasonable
basis; and
( e) that adequate service is not, or will not be, available to the area through
Garfield County or other existing municipal or quasi-municipal
corporations, including existing special districts, within a reasonable time
and on a comparable basis; and
(f) that the facility and service standards of the proposed District are
compatible with the facility and service standards of Garfield County and
each municipality which is an interested party under § 32-1-204(1),
C.R.S.; and
(g) that the proposal is in substantial compliance with the Garfield County
Comprehensive Plan; and,
(h) that the proposal is in compliance with any duly adopted Garfield County,
regional or state long-range water quality management plan for the area;
and
(i) that the creation of the proposed District wilJ be in the best interests of the
area proposed to be served; and
(j) that the Service Plan, based upon the statements set forth in the Service
Plan and upon all evidence presented at the September 4, 2012, Public
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Reception#: 824002 Reception#: 82434-4
09111/2012 11 :251 :25 RI'! Jean Alberico ~9/1912012 03:53 :18 P~ Jeilfl Alberico
3 of 4 Rec Fee :S0 .00 Doc: Fee :0 00 GARFIELD COUNTY CO 3 of 4 Rec Fee:S0 .00 Doc Fee:0 .00 GARFIELD COUNTY CO
Hearing on the Service Plan, meets a1l conditions and requirements of
§§ 32-1-201 et gg., C.R.S .
3. That the BOCC hereby approves the Service Plan for the proposed Caule Creek
Metropolitan District without condition or modification.
4. That a certified copy of this Resolution be filed in the records of Garfield County
and that a copy be provided to Petitioner.
DA TED this 10 +f... day of September, 20 J 2.
BOARD OF C Y COMMISSIONERS OF
ATTEST: GARFIELD OUN Y, STATE OF COLORADO
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote :
Tom Jankovsky ~ay
Mike Samson ay
John Manin Aye ay
Commissioners
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09/1112012 11:29:25 Al'I Jean Alberico Receptiontt : 824344 4 of 4 qec Fee:S0.00 Doc Fae:9.0C GARFJELD COUNTY CO C9/19/2012 03:63 :18 P" Jean Alberico
4 of 4 Rec Fae:S0.00 Doc Fee:0.80 GARFIELD COUNTY CO
ST A TE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
l, Jean Alberico, County Clerk and ex-officio Clerk of the Board ofCounry Commissioners in and for the Counry
and State aforesaid do hereby certify that the annexed and foregoing Reso!ulion is truly copied from the Records of the
Proceedings of the Board of County Commissioners for said Garfield County, now in my office.
£N WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood
Springs, this_ day of , A.O. 20_.
County Clerk and ex-officio Clerk of
the Board of County Commissioners