HomeMy WebLinkAboutResolution 2000-74111111113:11 111111 1111111 11111111111111 111111111111 •
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• STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
At a regular meeting of the Board of County Commissioners of Garfield County, Colorado,
held at the Courthouse in Glenwood Springs on Tuesday the 12th day of September, A.D.,
2000, there were present:
John Martin , Commissioner Chairman
Tarry McCown
Walt Stowe
Jim Leuthauser
Mildred Alsdorf
Jesse Smith
, Commissioner
, Commissioner
, Assistant County Attorney
, Clerk to the Board
, Administrative Services Director
when the following proceedings, among others were had and done,
to -wit:
RESOLUTION NO. 2000- 74
A RESOLUTION CONCERNED WITH THE APPROVAL OF THE AMENDED SERVICE
PLAN FOR ROARING FORK OPEN SPACE, PARKS AND RECREATION SPECIAL
•
DISTRICT AND GRANTING EXCLUSIONS FROM THE SPECIAL DISTRICT
WHEREAS, a proposed amended service plan for an Open Space, Parks and Recreation
Special District was submitted 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 the Colorado Special District Act, Title 32, Article 1, Part 2,
Colorado Revised Statutes, as amended, and the required processing fee was paid,
•
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 a newspaper of general
circulation in accordance with the requirements of C.R.S. § 32-1-204(1), as amended, and 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 amended special district, as required by C.R.S. §
32-1-204(1) , as amended;
WHEREAS, a duly advertised and noticed public hearing was held before the Garfield
County Board of County Commissioners on August 23, 2000, and September 12, 2000, to
consider the amended service plan application for the proposed Open Space, Parks and
Recreation Special District, at which hearing the petitioner's representatives, legally
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• 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 and requests for
exclusions from the Roaring Fork Open Space, Parks and Recreation Special District were
considered prior to a vote be taken upon a resolution approving the Special District .
WHEREAS, the Garfield County Board of County Commissioners does find that the
amended service plan application as submitted for the Roaring Fork Open Space, Parks and
Recreation Special District, as modified in accordance with the applicant's written revisions are
in substantial compliance with the requirements of C.R.S.§ 32-1-201 et. seq., as amended;
WHEREAS, the Garfield County Board of County Commissioners does find that satisfactory
evidence has been presented that the proposed amended service plan for the Roaring Fork Open
Space, Parks and Recreation Special District, as modified by the written revisions submitted by
the applicant, does not meet the criteria for mandatory 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 satisfactory
evidence has been presented that the proposed amended service plan for the Roaring Fork Open
Space, Parks and Recreation Special District, as modified by the written revisions submitted by
the applicant, does not meet the criteria for discretionary disapproval set forth at Section
32-1-203 (2.5), C.R.S., as amended; and
• NOW, THEREFORE, BE IT RESOLVED by the Garfield County Board of County
Commissioners that:
1. That the amended service plan for the Roaring Fork Open Space, Parks and Recreation
Special District as modified by the applicant's written revisions, is hereby approved with
satisfactory evidence being submitted for the following:
There is sufficient existing and projected need for organized service in the area to be
serviced by the proposed special district.
The exiting service in the area to be served by the proposed special district is
inadequate for present and projected needs.
The proposed special district is capable of providing economical and sufficient service to
the area within its proposed boundaries.
The area to be included in the proposed special district has, or will have, the
financial ability to discharge the proposed indebtedness on a reasonable basis.
The creation of the proposed special district will be in the best interests of the area
proposed to be served.
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2. That the costs of the election payable to the Garfield County Clerk shall be paid by the
Roaring Fork Open Space, Parks and Recreation Special District if said district is approved by
the electorate and formed and, if the electorate does not approve the District and it is not formed,
the Garfield County Board of County Commissioners shall be responsible for said costs.
3. That upon review of the requests for exclusions from the Special District, those properties
listed in Exhibit A, attached to this Resolution and incorporated herein, shall be excluded from
the Special District, if it is formed, based upon the finding that the owners of said properties have
previously provided an interest in their property for use by the public.
DATED this Z- day of
ATI E
y:73
erk to.`the'Board
- 2000.
OARD OF Y COMMISSIONERS OF
IE I D TY, 0 ORADO
By
Upon motion duly made and seconded the foreg
following vote:
John Martin
Larry McCown
Walt Stowe
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
hai
g Resol ti
n was adopted by t
Aye
No
Aye
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 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 day of A.D. 2000.
County Clerk and ex -officio Clerk of the Board of County Commissioners
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Exhibit A
Exclusion Approved from the Roaring Fork Open Space, Parks and Recreation Special District
Properties located within Garfield County, State of Colorado, identified as having the following
tax schedule numbers;
Schedule # 311287
Schedule # 311971
Schedule #312314
Schedule #080340
Schedule #100092
Schedule #100093
Schedule #010022