HomeMy WebLinkAboutResolution 86-129STATE OF COLORADO
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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 17th day of November A.D.
1986 , there were present:
Larry Schmueser
Robert Richardson
Flaven J. Cerise
Don DeFord
Mildred Alsdorf
Chuck Deschenes
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 86 -129
A RESOLUTION CONCERNED WITH THE APPROVAL OF THE SERVICE PLAN FOR THE
BATTLEMENT MESA METROPOLITAN DISTRICT, GARFIELD COUNTY, COLORADO.
WHEREAS, Battlement Mesa, Inc., on October 14, 1986 submitted a
proposed service plan for formation of Battlement Mesa Metropolitan
District, Garfield County, Colorado, to the Clerk and Recorder of Garfield
County, ex- officio Clerk to the Garfield County Board of County
Commissioners, for the Board's consideration in accordance with Part Two
of Article I of Title 32, of the Colorado Revised Statutes, 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 of
Section 32- 1- 103(15), C.R.S., 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 special district, as required by
Section 32-1-204(1), C.R.S., as amended;
WHEREAS, a duly advertised public hearing was held before the Garfield
County Board of County Commissioners on November 17, 1986 to consider the
service plan application for the proposed Battlement Mesa Metropolitan
District, at which hearing the petitioner's 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 service plan application as submitted for the Battlement Mesa
Metropolitan District, is in substantial compliance with the requirements
of section 32 -1- 202(2), C.R.S., as amended;
WHEREAS, the Garfield County Board of County Commissioners does find
that satisfactory evidence has been presented that the proposed service
plan for the formation of Battlement Mesa Metropolitan District, does not
meet 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 service
plan for the formation of the Battlement Mesa Metropolitan District,
Garfield county, Colorado, is in substantial compliance with the
requirements of Section 32 -1 -201, C.R.S., as amended, et seq.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The service plan for the formation of the Battlement Mesa
Metropolitan District, Garfield County, Colorado, submitted on October
14, 1986 is hereby approved in accordance with the provisions of
Sections 32-1-203 and 204, G.R.S., as amended.
2. In accordance with Section 32- 1- 207(2), C.R.S., as amended, any
material modifications of the service plan for the Battlement Mesa
Metropolitan District, Garfield County, Colorado, as originally
approved, may be made by the governing body of such special district
only by petition to and approval by the Garfield County Board of
County Commissioners in substantially the same manner as is required
for the approval of the original service plan. The Board of county
Commissioners' approval of any such modification shall be required
only with regard to changes of a basic or essential nature, including
any addition to the types of services provided by the special district
and shall not be required for changes of a mechanical type necessary
only for the execution of the original service plan or for changes in
the boundary of the special district.
3. In accordance with Section 32- 1- 207(3), C.R.S., as amended, any
unreasonable departure from the service hereby approved for waste
water utility system for the Battlement Mesa Metropolitan District,
Garfield County, Colorado, may be enjoined at any time prior to the
date on which construction contracts are let for construction for all
or any part of the departure sought to be enjoined by the Court
approving the organization of such special district upon the motion of
the Garfield County Board of County Commissioners, or upon the motion
of any interested party as defined at Section 32 -1- 204(1), C.R.S., as
amended.
DATED this 17th day of November _, 1986
ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS
GARFIELD COUNTY, COLORADO
CILIAgy
Cle to the Board na
Upon motion duly made and seconded the foregoing Resolution was
adopted by the following vote:
Larry Schmueser Aye
Robert Richardson Aye
Flaven J. Cerise Aye
STATE OF COLORADO
County of Garfield
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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 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.D. 19
Board of County Commissioners.
County Clerk and ex- officio Clerk of the