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2006-46

A RESOLUTION

APPROVING THE AMENDED AND RESTATED SERVICE PLAN FOR FOSSIL RIDGE METROPOLITAN DISTRICT NO. 1, FOSSIL RIDGE METROPOLITAN DISTRICT NO. 2, FOSSIL RIDGE 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 approving or conditionally approving the service plan of the proposed special district; and

WHEREAS, on August 8, 2005, the City Council adopted Resolution 2005-49, a Resolution Conditionally Approving the Consolidated Service Plan for Fossil Ridge Metropolitan District No. 1, Fossil Ridge Metropolitan District No. 2, Fossil Ridge Metropolitan District No. 3, and Fossil Ridge Metropolitan District No. 4 (the "2005 Resolution"), which is attached hereto as Exhibit A, whereby such service plan was conditionally approved and such districts were given authorization to proceed to an organizational election; and

WHEREAS, the 2005 Resolution stated that the districts must submit an amendment to the service plan that would satisfy the conditions contained in the 2005 Resolution prior to obtaining an order for organization under Section 32-1-205, C.R.S.; and

WHEREAS, Fossil Ridge Metropolitan District No. 1, Fossil Ridge Metropolitan District No. 2 and Fossil Ridge Metropolitan District No. 3 (collectively, the "Districts") have submitted an Amended and Restated Service Plan (the "Service Plan") for the Districts; and

WHEREAS, Fossil Ridge Metropolitan District No. 4 is not submitting an amendment to the service plan conditionally approved by the 2005 Resolution to the City for approval at this time; and

WHEREAS, notice of a public hearing before the City Council was duly published in the Denver Post/Rocky Mountain News "Your Hub" (Lakewood area), a newspaper of general circulation within the City of Lakewood, on August 3, 2006, and on the City of Lakewood website from July 31-August 4, 2006, and the same was submitted to the Colorado Division of Local Government as required by law, and on August 7, 2006, notice of said public hearing was sent to the property owners within the proposed Districts, to the petitioners, to the governing body of each existing municipality or special district which has levied an ad valorem tax within the next preceding tax year and which has boundaries within a radius of three miles of the proposed Districts' boundaries; and

WHEREAS, pursuant to the provisions of part 2 of article 1 of title 32, Colorado Revised Statutes, the City Council of the City held a public hearing on August 28, 2006 regarding the Service Plan;

WHEREAS, the City Council has considered the Service Plan for the proposed Districts and all other testimony and evidence presented at the public hearing; and

WHEREAS, it appears that the Service Plan should be approved without modification.

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, in addition to the materials formally submitted in connection with the public hearing and testimony presented at such public hearing, were considered by the City Council in making its decision.

SECTION 2. The City Council 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 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) There is a sufficient existing and projected need for organized service in the area to be served by the proposed Districts;

(b) The existing service in the area to be served by the proposed Districts is not adequate for present and projected needs;

(c) The proposed Districts are capable of providing economic and sufficient service to the area within their proposed boundaries;

(d) The area to be included in the proposed Districts has and will have the financial ability to discharge the proposed indebtedness on a reasonable basis;

SECTION 4. In accordance with the 2005 Resolution authorizing the organization of the Districts, the City hereby finds that the Districts have met the conditions set forth in such 2005 Resolution. The City hereby modifies the requirement contained in condition 1 of Section 4 of the 2005 Resolution that required any District to be a party to a public improvements agreement and acknowledges that the Approved Development Plan, as defined in the Service Plan, and the requirements of Section 20 of the Approved Development Plan satisfy the City's requirements relating to such condition.

SECTION 5. The Service Plan is hereby approved without condition.

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 obtaining an order for organization of the Districts in Jefferson County court and holding an election to obtain all authorization as necessary to implement the provisions of the Service Plan, as further described in the Service Plan.

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 affect 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 11 for and 0 against at a regular meeting of the City Council on August 28, 2006, at 7 o'clock p.m. at Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

Exhibit A

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