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HomeMy WebLinkAboutResolution 2012-0018TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO.~ Series of 20 12 A RESOLUTION APPROVING THE SERVICE PLAN FOR WARD TOD METROPOLITAN DISTRICTS 1-3 WHEREAS, pursuant to Sections 32 -1-204.5 and 32-1 -205, C.R.S., as amended, a Serv ice Plan for the proposed Ward TOO Metropo li tan Districts 1-3 was fi led with th e City of Wheat Ridge by th e owner s of I 00% of th e property proposed to be included within the said districts; and WHEREAS , on or about March 27. 2012 the said property owners filed a revised Service Plan (the "Service Plan") conta ining certain changes and modifications as recommended and s upp orted by the City Staff; and WHEREAS, the City Council held a public hearing on the Service Plan o n April 9, 2012;and WHEREAS. no t ice of the hearin g before the City Counci l was d ul y publi shed in the Denver Post on March 22,2012 and in the Wheat Ridge Transcript on March 22, 2012 and was sent to the governing body of each municipality and special district within a radius of three miles o f the proposed special district's boundaries that have levied an ad valorem tax with in the next preceding tax year; and WHEREAS, th e City Council has considere d 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, Colo rado, as fol lows: 1. The above and foregoing recitals are incorporated herein by reference and are adopted as findings and determinations of the City Council. 2. The City Co un cil further finds and determines that all applicable requirements of part 2, article I , title 32, Colorado Revised Statutes, re latin g 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 Pl an and at the heari ng, the City Counci l hereby determines as follows: a There is sufficient existing and projected need for organized service in the area to be served by the Di s tricts; b. The existin g service in the area to be served by the Districts is inadequate fo r present and projected needs: c. The Districts are capable of providing economical and sufficient service to the area within its boundaries: d. The area to be included in the Districts has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis: e. Adequate service is not, and will not be, available to the area through the City, 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 Districts are compatible with the facility and service standards of the City within which the Districts are to be located and each municipality which is an interested party under Section 32-1-204(1 ), C.R.S.; g. The proposal is in substantial compliance with a master plan adopted pursuant to Section 30-28-108, C.R.S.; h. The proposal is in compliance with any duly adopted city, county, regional , or state long-range water quality management plan for the area; and 1. The creation of th e Districts will be in the best interests of the area proposed to be served. 4. The City Council does hereby approve the Service Plan for the Ward TOD Metropolitan Districts 1-3 as submitted to the City on March 27, 2012. 5. 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. 6. All resolutions or parts thereof in conflict with the provisions hereof shall be and the same are hereby repealed. Done this q C1-. day of April. 2012, at Wheat Ridge, Colorado. ATTEST: -2-