HomeMy WebLinkAboutResolution 99-11811111111111111I1I11111111111111111111111111111111111111
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RESOLUTION NO. 99_1 1 8
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
ARESOLUTION OF THE GARFIELD COUNTY BOARD OF
COMMISSIONERS APPROVING AN AMENDED SERVICE,
PLAN FOR THE SPRING VALLEY SANITATION DISTRICT
WHEREAS, the Spring Valley Sanitation District ("District" or "Petitioner") has made
application to the Board of County Commissioners of Garfield County, Colorado ("Board") for
approval of the District's Amended Service Plan pursuant to the provisions of C.R.S. §32-1-201,
et seq., as amended; and
WHEREAS, the District's Amended Service Plan was reviewed by the Garfield Planning
Commission on March 24, 1999, which recommended approval of the Amended Set -vice Plan
to the Board with the condition that the, District add certain language recommended by Garfield
County's special counsel, Blake Jordan, Sherman and Howard, LLC, in his letter dated February
23, 1999; and
WHEREAS, notice of a hearing before the Board on April 26, 1999 was duly published
in the Glenwood Post and the Rifle Telegram, newspapers of general circulation within the
County, on April 6, 1999 as required by law, and written notice was given to the Petitioners,
the division of Local government, and to the governing body of each municipality and special
district which has levied an ad valorem tax within the next preceding tax year and which has
boundaries within a radius of three (3) miles of the proposed special district boundaries; and
WHEREAS, prior to the hearing, the District submitted to the Board information
supplemental to the District's Amended Service Plan, and the original Amended Service Plan
and the supplemental information are hereinafter collectively the "Final Amended Service Plan");
and
WHEREAS, the material constituting the Final Amended Service Plan is that Material
Described in Exhibit A, attached hereto and incorporated herein by this reference; and
WHEREAS, the Board held a public hearing to consider the District's Final Amended
Service Plan at a special meeting, with public notices required by law, on April 26, 1999, which
was attended by the following:
John Martin, Commissioner Chairman
Larry McCown, Commissioner
Walt Stowe, Commissioner
Don DeFord, County Attorney
Mildred Alsdorf, Clerk of the Board
Ed Green, County Administrator; and
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Board of County Commissioners
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WHEREAS, the Board has considered the recommendations of the Planning Staff and
the Planning Commission, the District's Final Amended Service Plan, and all other testimony
and evidence presented at the hearing; and
WHEREAS, it appears that the District's Final Amended Service Plan should be
approved as submitted.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado:
1. That the Board of County Commissioners of Garfield County, Colorado does
hereby determine that all of the requirements of C.R.S. §32-1-201, et seq., as
amended, relating to the filing of an amended service plan for the Spring Valley
Sanitation District have been fulfilled and that notice of the hearing was given in
the time and manner required by law.
2. That the Board of County Commissioners of Garfield County, Colorado does
hereby find and determine that:
a. there is sufficient existing and projected need for organized service in the
area to be serviced by the District;
b. the existing service in the area to be served by the District is inadequate
for present and projected needs;
c. the District is'capable of providing economical and sufficient service to
the area within its proposed boundaries;
d. the area to be included in the District has and will have the financial
ability to discharge the proposed indebtedness on a reasonable basis;
e. adequate service 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;
f. the facility and service standards of the District are compatible with the
facility and service standaids of Garfield County, and each municipality
which is an interested party under C.R.S. §32-1-204(1);
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Resolution No. 9 9-1 1 8
Board of County Commissioners
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g.
the District's proposal is in substantial compliance with the Master Plan
adopted pursuant to §30-28-106, C.R.S.;
h. the District's proposal is in compliance with any duly adopted county,
regional, or state long-range water quality management plan for the area;
and
i. the approval of the District's Amended Service Plan will be in the best
interest of the area proposed to be served.
3. That the Final Amended Service Plan for the Spring Valley Sanitation District is
hereby approved.
4. That a certified copy of this Resolution be filed in the records of Garfield County
and submitted to the Petitioner for the purpose of filing in the District Court of
Garfield County.
ADOPTED AND APPROV his day of , 1999.
ATTEST:
M. dred Alsdorf, Clerk to t
GARFIE 1 COUNTY BOARD OF
COMMISI G ' GARFIELDCOUNTY,
OLOR
By:
Uport .m9tion duly made and seconded the foregoing reso tion was as .ted by the
following vote:
John Martin - nay
Larry McCowen - aye
Walt Stowe - aye
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Resolution No. g q_ 1 1 8
Board of County Commissioners
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CERTIFICATION
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
1, , Deputy County Clerk and ex -officio Clerk of the Board of
County Commissioners, Garfield County, Colorado, do hereby certify that the above and
foregoing is a true, correct, and complete copy of a Resolution adopted by the Board of County
Commissioners of Garfield County, Colorado at a special meeting held on April 26, 1999,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County at Glenwood Springs, this day of , 1999.
Deputy County Clerk and ex -officio Clerk
of the Board of County Commissioners,
Garfield County, Colorado
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Resolution No. 9 9_ 1 1 8
Board of County Commissioners
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Exit bt A
SPRING VALLEY SANITATION DISTRICT
FINAL AMENDED SERVICE PLAN
1. Spring Valley Sanitation District Amended Service Plan dated February, 1999 and
prepared by Leavenworth & Tester, P.C.
2. Letter to Don DeFord from Loyal E. Leavenworth, Esq., dated March 11, 1999
regarding supplemental information for the District's Amended Service Plan.
3. Letter to Mr. Bob Szrot, P.E., County Engineer from Mr. Dean Gordon, P.E., dated
March 9, 1999, responding to County Engineer Staff Memo.
4. Letter to Lee Leavenworth, Esq. from Dean W. Gordon, P.E., dated March 11, 1999,
regarding additional information to the Amended Service Plan, including the following
enclosures:
A. Spring Valley Sanitation District Connection to Roaring Fork Sanitation District,
Opinion of Probable Cost, dated March, 1999.
B. Spring Valley Sanitation District Valley Lift Station/Force Main, Opinion of
Probable Cost, dated March, 1999.
C. Spring Valley Sanitation District Wastewater Treatment Facility Oxydation Ditch
cost estimate, dated February 22, 1999.
D. Spring Valley Sanitation District Site Plan, Existing Facilities, and Proposed
Tertiary Plant, dated March 10, 1999.
5. Letter to Mr. Dean W. Gordon, P.E. from Lynn Kimble, P.E., dated February 4, 1999,
regarding preliminary effluent limits for Spring Valley Sanitation District.
6. Letter to Mark Bean from Gregory J. Hall, Esq., dated March 16, 1999, regarding letter
to Leavenworth and Tester, P.C. from Larry Green on behalf of the Roaring Fork Water
and Sanitation District, including the following enclosures:
A. Letter to Loyal E. Leavenworth, Esq. from Lawrence R. Green Esq., dated
February 25, 1999, on behalf of the Roaring Fork Water & Sanitation District.
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Board of County Commissioners
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B. Roaring Fork Water & Sanitation District Regular Meeting Minutes, October 28,
1998.
7. Letter to Commission Members from Loyal E. Leavenworth, Esq., dated March 24,
1999, regarding the Spring Valley Sanitation District Amended Service Plan, including
the following enclosures:
A. Wastewater Management Study - Lower Roaring Fork Planning Area prepared
by WestWater Engineering, dated April 23, 1993.
B. Portions of Aspen Glen Water & Sanitation District Service Plan, including
Service Areas, prepared by Schmueser Gordon Meyer, Inc., Delaney &
Balcomb, P.C., Hanifen-Imhoff, Inc., dated November, 1993.
C. Letter to Loyal E. Leavenworth Esq. from Lawrence R. Green Esq., dated
February 25, 1999, on behalf of the Roaring Fork Water & Sanitation District.
D. Letter to Don DeFord Esq. from James S. Lochhead Esq., dated March 18, 1999,
on behalf of Sanders Ranch Holding, LLC.
E. Portions of Colorado Department of Public Health and Environment - Regulations
for the Site Application Process, 5 C.C.R. 1002-22.
F. Feasibility Study - Sanitary Sewer Connection to Aspen Glen Regional
Wastewater Treatment Plant prepared for Colorado Mountain College by Meurer
& Associates, dated October, 1995.
G. Memo to Aspen Glen Water & Sanitation District Board from Louis Meyer,
P.E., dated March 16, 1998, regarding Ultimate Wastewater Treatment Plant
Capacity for Aspen Glen Water & Sanitation District.
H. Memo to Lee Leavenworth from Ron Liston, dated March 24, 1999 regarding
Comp Plan summary for Cattle Creek to County Line including Coulter Creek.
I. Letter to Lee Leavenworth, Esq. from Michael J. Erion, P.E., dated March 24,
1999, regarding water re -use in the Spring Valley Area.
J. Spring Valley Sanitation District Connection to Roaring Fork Sanitation District -
Cost Comparison and Treatment Facility Location Options.
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Board of County Commissioners
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8. Letter to Mark Bean from Loyal E. Leavenworth, Esq., dated March 24, 1999, providing
supplemental information to District's Amended Service Plan, including the following
enclosures:
A. Aspen Springs Ranch, Inc. Petition for Inclusion.
B. Miriam M. Berkeley and Michael E. Berkeley Petition for Inclusion.
C. Berkeley Family Limited Partnership Petition for Inclusion.
D. Colorado Mountain Junior College District Petition for Inclusion.
E. Auburn Ridge Apartments Petition for Inclusion.
F. Colorado Pinon Pines, Ltd., Petition for Inclusion.
G. Letter to Greg Boecker from Robert H. Spuhler, dated March 10, 1999,
regarding Wastewater; Treatment Plant Funding Commitment.
9. Financial Obligations of Spring Valley Sanitation District.
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Resolution No. 9 9-1 1 8
Board of County Commissioners
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FINANCIAL OBLIGATIONS OF SPRING VALLEY SANITATION DISTRICT
The District may authorize, issue, sell, and deliver such bonds, notes, contracts,
reimbursement agreements, or other obligations evidencing or securing a borrowing
(collectively, 'Bonds") as are permitted by law; provided that, without the prior written consent
of the County, the following limitations shall apply:
1. All Bonds, regardless of whether the District has promised to impose an ad
valorem mill levy for their payment, shall be exempt from registration under the
Colorado Municipal Bond Supervision Act, or shall be registered under such Act.
2. The principal amount of any issue of bonds for the payment of which the District
promises to impose an ad valorem property tax ("General Obligation Bonds"),
together with any other outstanding issue of General Obligation Bonds of the
District, may not at the time of issuance exceed fifty percent (50%) of the
valuation for assessment of the taxable property in the District, as certified by the
assessor, except that the foregoing shall not apply to any of the following issues:
(a) an issue of General Obligation Bonds for the payment of which the
District has covenanted to impose a maximum mill levy of not more than
50 mills (a mill being equal to 1/10 of 1 cent) per annum; provided that,
such General Obligation Bonds may also provide that in the event the
method of calculating assessed valuation is changed after the date of
approval of this Service Plan by any change in law, change in method of
calculation, or change in the percentage of actual valuation used to
determine assessed valuation, the 50 mill levy limitation herein provided
may be increased or decreased to reflect such changes, such increases or
decreases to be determined by the Board in good faith (such determination
to be binding and final) so that to the extent possible, the actual tax
revenues generated by the mill levy, as adjusted, are neither diminished
nor enhanced as a result of such changes;
(b) an issue of General Obligation Bonds that is rated in one of the four
highest rating categories by one or more nationally recognized
organizations which regularly rate such obligations;
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Board of County Commissioners
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(c)
an issue of General Obligation Bonds secured as to the payment of the
principal and interest by an irrevocable and unconditional letter of credit,
line of credit, or other credit enhancement issued by a depository
institution qualified as defined in section 11-59-110(1)(e), C.R.S.;
(d) an issue of General Obligation Bonds insured as to payment of the
principal and interest by a policy of insurance issued by an insurance
company qualified as defined in section 11-59-110(1)(f), C.R.S.;
an issue of General Obligation Bonds not involving a public offering made
exclusively to "accredited investors" as defined under Regulation D
promulgated by the federal Securities and Exchange Commission;
(e)
an issue of General Obligation Bonds made pursuant to an order of a court
of competent jurisdiction;
an issue of General Obligation Bonds issued to the Colorado Water
Resources and Power Development Authority which evidences a loan
from said authority to the District; or
(h) an issue of General Obligation Bonds which are originally issued in
denominations of not less than $500,000 each, in integral multiples above
$500,000 of not less than $1,000 each.
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