HomeMy WebLinkAbout4.0 Resolution 85-53STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
At a regular meeting of the Board of County
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Commissioners .for Garfield County, Colorado, held at the Courthouse
in Glenwood Springs on �Mo �l�y, the ,�1t3... day
of-J--�J�J-JJ JJJ A.D., 19_a., there were present:
berL3?plIggrg Commissioner Chairman
Commissioner
7J���3se Commissioner
tev�J C JJJJJJJJJJJJ� County Attorney Assistant
_�N�1de�Al�sdgLfJJJ, Clerk to the Board
when the following proceedings, among others were had and done,
to -wit:
RESOLUTION NO. 85-_5a ,_ _
RESOLUTION CONCERNED WITH THE APPROVAL OF THE SERVICE PLAN FOR
WASTE WATER UTILITY SYSTEM FOR THE LANDIS SANITATION DISTRICT,
GARFIELD COUNTY, COLORADO
WHEREAS, Hal Terrell, as owner representative for Spring
Valley Holding, Ltd., on January 11, 1985 submitted a proposed
service plan for waste water utility system for the Landis
Sanitation District, Garfield County, Colorado, to the Clerk and
Recorder of Garfield County, Colorado, 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 valorum 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 am nded;
WHEREAS, a duly advertised public hearing was held before the
Garfield Cou ty Board of County Commissioners on March 11, 1985 to
consider the[ service plan application for the proposed Landis
Sanitation 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. In accordance with the stipulation of the
applicant's representatives, the public hearing before the Board of
County Commissioners was continued for further proceedings and
decision to April 1, 1985;
WHEREAS, the Garfield County Board of County Commissioners
does find that the service plan application as submitted for the
Landis Sanitation District, as modified in accordance with the
applicant's written revisions submitted on February 7, 1985 and
April 2, 1985, 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 waste water utility system for the
Landis- Sanitation District, as modified by the written revisions
submitted on February 7, 1985 and April 2, 1985, 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 waste water utility system for the Landis
Sanitation District, Garfield County, Colorado, as modified, 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 waste water utility system for the
Landis Sanitation District, Garfield County, Colorado, submitted on
January 11, 1985, as modified by the applicant's written revisions,
submitted on February 7, 1985 and April 2, 1985 is hereby approved
in accordance with the provisions of Sections 32-1-203 and 204,
C.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 waste
water utility system for the Landis Sanitation 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 plan hereby
approved for waste water utility system for the Landis Sanitation
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.
A
DATED this JJJJ day of
ATTEST:
J J J
JJ
Cler to the Board'
1985.
B ARD OF COUNTY If4ISSIONE OF
GARFIELDrrve�rn
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Upon motion duly made and seconded the foregoing Resolution
was adopted by the following vote:
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JJJJJJJJJJJJJJJJJJJJJ�iJ JJJ�IJJJAYe Commissioner Flaven J. Cerise -
Commissioners absent
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
II JJJJJJJJJJJJJJJJ JJJ, 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 Order 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 �JJJJJJ_ day
of A. D. 1 9JJJ
County Clerk and ex -officio Clerk of
the Board of County Commissioners
