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HomeMy WebLinkAboutResolution-2006-0009 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 09 Series of 2006 TITLE: A RESOLUTION APPROVING THE SERVICE PLAN FOR LONGS PEAK METROPOLITAN DISTRICT. WHEREAS, pursuant to Sections 32-1-204.5 and 32-1-205, C.R.S., as amended, a Service Plan for the proposed Longs Peak Metropolitan Dlstnct was filed with the City of Wheat Ridge by the owners of 100% of the property proposed to be included within the said district; and WHEREAS, on or about March 9,2006 the Said property owners filed a revised Service Plan (the "Service Plan") contammg certam changes and modifications as recommended and supported by the City Staff, which changes and amendments are largely clerical and stylistic m nature and do not change or amend any baSIC or fundamental provision of the Service Plan as filed on February 21,2006, and WHEREAS, the City Council held a public hearing on the Service Plan on March 13, 2006,and WHEREAS, notice of the hearing before the City Council was duly published in the Denver Post on February 21, 2006 and was sent to the govermng body of each municipality and special district wlthm a radius of three miles of the proposed special dlstnct's boundanes that have levied an ad valorem tax within the next preceding tax year; and WHEREAS, the City Council has conSidered the Service Plan, and all testimony and other eVidence presented at the hearing; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows. 1 The above and foregoing recitals are incorporated herein by reference and are adopted as findmgs and determmatlOns of the City Council 2 The City Council further finds and determines that all applicable reqUirements of part 2, article 1, title 32, Colorado Revised Statutes, relating to the filing of the Service Plan and the conSideratIOn thereof by the City Council, have been met. 3 Based upon evidence presented in the Service Plan and at the hearing, the City Council hereby determmes as follows a. Adequate service is not, and will not, be available to the area to be served by the proposed special district through the City or other existing speCial facility dlstncts Within a reasonable tIme and on a comparable baSIS. b The facility and service standards of the proposed special district are compatible with the facility and service standards of the City c. There IS sufficient eXlstmg and projected need for orgamzed service in the area to be served by the proposed special district. d. Existing service in the area to be served by the proposed special dlstnct IS inadequate for present and projected needs. e. The proposed special district is capable of provldmg economical and sufficient service to the areas within its proposed border f. The areas to be included wlthm the proposed special district have or will have the financial ability to discharge the proposed indebtedness on a reasonable basis. g. The proposal is m substantial compliance with any duly adopted master plans. h. The proposal is in compliance with any duly adopted county, regIOnal or state long range water quality management plan for the area. I. The creation of the proposed Distnct will be m the best mterest of the area proposed to be served. J. The park and recreation facilities and improvements to be furnished by the proposed special district do not duplicate or mterfere with Improvements or facilities already constructed or planned to be constructed wlthm the proposed special district by the Prospect Recreation and Park District. 4 Subject to the provisions of Section 5 below, the City Council does hereby approve the Service Plan for the Longs Peak Metropolitan District as submitted to the City on February 21, 2006, with the changes and modifications submitted on or about March 9, 2006 5 Notwithstandmg the provISIons of Section 4 above, the failure of the proposed special dlstnct to execute and deliver the City IGA attached to the Service Plan as Exhibit G-I within 45 days after the said distnct IS declared organized by the District Court in and for Jefferson County, Colorado shall be a material modification of or departure from the Service Plan, and the said dlstnct taking any substantive action pnor to the execution and delivery of said agreement may be enJomed by the City as proVided by 932-1-207(3)(a), C.R.S The Mayor and City Clerk are hereby authorized to execute and deliver the said City IGA on behalf of the City, upon the executIOn and delivery thereof by the proposed special district. 6. A certified copy of this Resolution shall be filed in the records of the City and submitted to the petitIOners for the purpose of filing in the District Court of Jefferson County -2- 7 All resolutions or parts thereof III conflict with the provisions hereof shall be and the same are hereby repealed. ....., iPt Done this ~ day of March, 2006, at Wheat Ridge, Colorado CITY COUNCIL OF THE CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO , .... ~.~- /'\\;\ '\," BY' " . ._ 1~1 ~ i/ I oj" ' Jerry DiTUMio, Mayor ATTEST (~, .~ '" C ~"") J--. D'~~ l lJQ\~~ Pam Anderson, City'Clerk \ \\ ~\'~ -3-