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2004-55

A RESOLUTION

APPROVING THE FIRST AMENDMENT TO THE AMENDED AND RESTATED CONSOLIDATED SERVICE PLAN FOR THE PLAZA METROPOLITAN DISTRICT NO. 1, THE PLAZA METROPOLITAN DISTRICT NO. 2, AND THE PLAZA METROPOLITAN DISTRICT NO. 3.

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 the proposed special district; and

WHEREAS, Section 32-1-207(2), C.R.S., provides that after the organization of a special district within a municipality, a material modification to the service plan of such district may be made only upon adoption of a resolution by the governing body of such municipality approving or conditionally approving such modification; and

WHEREAS, pursuant to the provisions of part 2 of article 1 of title 32, Colorado Revised Statutes, the City Council held a public hearing on May 10, 2004, regarding the approval of a proposed First Amendment to the Amended and Restated Consolidated Service Plan for The Plaza Metropolitan District No. 1, The Plaza Metropolitan District No. 2, and The Plaza Metropolitan District No. 3 filed on or about April 8, 2004, herein called the "First Amendment," to read in its entirety as shown on 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 April 15, 2004, and given to the Colorado Division of Local Government as required by law. On April 12, 2004 notice of said public hearing was sent to the property owners within the existing The Plaza Metropolitan Districts Nos. 1, 2 and 3 (herein collectively called the "Districts"), to the petitioners, to the governing body of each municipality within a radius of three miles of the Districts' 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 Districts' boundaries; and

WHEREAS, the City Council has considered the First Amendment and all other testimony and evidence presented at the hearing; and

WHEREAS, it appears that the First Amendment should be 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 First Amendment have been fulfilled and that notice of the public hearing before 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) The sole purpose of the First Amendment is to authorize the Districts to exercise fire protection powers in addition to the other powers authorized by the Amended and Restated Consolidated Service Plan.

(b) Notwithstanding the foregoing, however, pursuant to the express terms of the First Amendment, the Districts' provision of fire protection services shall be limited to its obligations under the Fire Services Agreement between The Plaza Metropolitan District No. 1 and the West Metro Fire Protection District dated March 1, 2004, which is attached to the First Amendment as Exhibit F. The Districts' obligations under the said Fire Services Agreement specifically include the Annual Service Payments to be made to the West Metro Fire Protection District. Except as expressly provided in the Fire Services Agreement, the Districts shall not be permitted to exercise any fire protection powers or services.

SECTION 4. Subject to the provisions of Section 5 below, the First Amendment, in the form attached hereto as Exhibit A, is hereby approved.

SECTION 5. Except as expressly modified by the First Amendment, the Amended and Restated Consolidated Service Plan for The Plaza Metropolitan District No. 1, The Plaza Metropolitan District No. 2, and The Plaza Metropolitan District No. 3, and all conditions imposed by the Resolution of City Council approving the same, are hereby re-affirmed and shall continue in full force and effect.

SECTION 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.

SECTION 7. 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 effect any of the remaining provisions of this Resolution.

SECTION 8. This Resolution shall be in full force and effect upon its passage and approval.

INTRODUCED, READ AND ADOPTED by a vote of 10 for and 0 against at a regular meeting of the City Council on May 10, 2004, at 7 o'clock p.m. at Lakewood City Hall, 445 South Allison Parkway, Lakewood, Colorado.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

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EXHIBIT A TO RESOLUTION APPROVING FIRST AMENDMENT TO
AMENDED AND RESTATED SERVICE PLAN FOR PLAZA METROPOLITAN DISTRICT NO. 1,
PLAZA METROPOLITAN DISTRICT NO. 2, AND PLAZA METROPOLITAN DISTRICT NO. 3