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2002-12
A RESOLUTION
APPROVING THE SERVICE PLAN FOR VANCE STREET METROPOLITAN DISTRICT NO. 1.
WHEREAS, Section 32-1-204.5, C.R.S., provides that no special district shall be organized within a municipality except upon adoption of a resolution by the governing body of such municipality approving or conditionally approving the Service Plan of such special district; and
WHEREAS, pursuant to the provisions of Part 2 of Article 1 of Title 32, Colorado Revised Statutes, the City Council scheduled a special public hearing on March 18, 2002, regarding the approval of the Service Plan for Vance Street Metropolitan District No. 1, originally filed in the office of the City Clerk on February 1, 2002, and subsequently amended and restated in the form and substance set forth in Exhibit A to this Resolution; and
WHEREAS, notice of the hearing was published in the Lakewood Sentinel, a newspaper of general circulation within the City of Lakewood, on February 21, 2002, and given to the Colorado Division of Local Government as required by law. On February 15, 2002, notice of said public hearing was sent to the petitioners, to the governing body of each municipality within a radius of three miles of the proposed District's boundaries, and to the governing body of all special districts that have levied an ad valorem tax within the next preceding tax year and whose boundaries are within a three mile radius of the proposed District's boundaries; and
WHEREAS, the City Council has considered the Service Plan for the proposed District and all other testimony and evidence presented at the hearing; and
WHEREAS, it appears that the Service Plan should be conditionally approved, as provided in this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakewood, Colorado that:
SECTION 1. The above and foregoing recitals are incorporated herein by reference and are adopted as findings and determinations of the City Council.
SECTION 2. The City Council further finds and determines that all of the requirements of Part 2, Article 1, Title 32, Colorado Revised Statutes, relating to the filing of the Service Plan for the District have been fulfilled and that notice of the public hearing before the City Council was given in the time and manner required by the laws of the State of Colorado.
SECTION 3. The City Council further finds and determines as follows:
(a) There is sufficient existing and projected need for organized service in the area to be served by the proposed District;
(b) The existing service in the area to be served by the proposed District is not adequate for present and projected needs;
(c) The proposed District is capable of providing economic and sufficient service to the area within its proposed boundaries;
(d) The area to be included in the proposed District has and will have the financial ability to discharge the proposed indebtedness on a reasonable basis;
(e) The area of the proposed District currently receives sanitation services from the City of Lakewood. The sewer improvements and facilities to be furnished by the proposed District will not duplicate improvements or facilities currently being furnished by the City of Lakewood;
(f) The area of the proposed District currently receives water services from Consolidated Mutual Water Company. The improvements and facilities to be furnished by the proposed District will not duplicate improvements or facilities currently being furnished by Consolidated Mutual Water Company; and
(g) The area of the proposed District is included within an existing special district, the West Metro Fire Protection District, which provides fire protection and rescue services generally. Facilities and services of these types will not be furnished by the proposed District.
SECTION 4. The Service Plan for Vance Street Metropolitan District No. 1 is hereby approved in the form and substance attached hereto as Exhibit A, subject, however, to the following conditions:
(a) The petitioners for the organization of the District shall be authorized to hold an organizational election for the formation of the District, the election of the initial boards of directors and necessary tax and debt authorization for the said District on May 7, 2002; and
(b) Notwithstanding any voter authorizations obtained at the May 7, 2002 election, the District shall not issue debt of any type or amount, certify any mill levy, or undertake any construction activities until the City Council has approved the Service Plan Amendment contemplated by and more fully described in the Service Plan, except that the District shall be authorized to enact or adopt resolutions or enter into agreements authorizing repayment to private entities for any necessary operating advances; and
(c) The District is authorized generally to furnish street improvements, water improvements, sewer improvements (including flood and surface drainage), and safety protection improvements. Any undertakings to operate or maintain facilities, or to construct or to finance the construction of any improvements or facilities except as expressly provided in the Service Plan shall constitute a material departure from or modification of the Service Plan and the District shall not take any such actions without first applying for and receiving approval of the City Council for a Service Plan modification as provided by §32-1-207(2), C.R.S.
(d) If the Service Plan Amendment contemplated in the Service Plan has not been approved by the City on or before June 1, 2004, or if the petitioners use other means of financing the improvements described in the Service Plan, the City may file an application with the District Board pursuant to Section 32-1-701(3), C.R.S., and the District shall thereupon dissolve in a prompt and orderly manner. In such event, the authorized purposes and powers of the District shall be automatically curtailed and expressly limited to taking actions reasonably necessary to dissolve, the Board of the District will be deemed to have agreed with the City to dissolve without an election pursuant to Section 32-1-704(3)(b), C.R.S., and the District shall thereupon dissolve;
SECTION 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.
SECTION 6. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution.
SECTION 7. This Resolution shall be in full force and effect upon its passage and approval.
INTRODUCED, READ AND ADOPTED by a vote of 9 for and 1 against at a special meeting of the City Council on March 18, 2002, at 7 o'clock p.m. at Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.
Stephen A. Burkholder, Mayor
ATTEST:
By:
Margy Greer, City Clerk
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