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ST A TE Of COLORADO )
)ss.
COUNTY OF GARFIELD )
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Counly
Administration Building in Glenwood Springs on Monday, the I 0111 day of September, 2012, there were present:
_T...,o...,m'""'J=an=ko=v=sky~--'' Commissioner
_,M=ike=S=am=so ... n __ _,, Commissioner
_,J,...oh:.:.:.n:..:.M=art=in,__ __ _,. Commissioner Chairman
..-A"""'n=d.._rew ........... G .... or...,g...,ey _____ , County Manager
-'C=ar=c..._y_,.G=ag....,n=on.._ _ _,, Acting County Attorney
__,J=ea=n"-'-A=lb=er=ic""'o __ _,. Clerk to the Board
when lhe following proceedings, among others were had and done, to-wit
RESOLUTION NO. 12-J:l
RESOLUTION ADOPTING CA TILE CREEK METROPOLITAN DISTRICT NO. I
SERVICE PLAN
WHEREAS, on or about June 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 Govenunent 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 CoWlty; 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 purpose 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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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
Cowity of Garfield, Colorado, as follows:
1. 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 discharge 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 will 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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Hearing on the Service Plan, meets all conditions and requirements of
§§ 32-1-201 etgg., C.R.S.
3. That the BOCC hereby approves the Service Plan for the proposed Cattle Creek
Metropolitan District without condition or modificat ion.
4. That a certified copy of th is Resolution be filed in the records of Garfield County
and that a copy be provided to Petitioner.
DA TED this 10 ~day of September, 2012.
BOARD OF C Y COMMISSIONERS OF
ATTEST: GARFIELD OUN Y, STATE OF COLORADO
Upon motion duly made and seconded the forego ing Resolution was adopted by the following vote:
Tom Jankovsky iy ay
Mike Samson ay
John Martin ye ay
Commissioners
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STA TE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
I, Jean Alberico, County Clerk and ex-officio Clerk of the Board of County Commissioners in ond for the County
and State aforesaid do hereby certify that the annexed and foregoing Resolution 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.O. 20 _.
County Clerk and ex-officio Clerk of
the Boord of County Commissioners