Commissioner Laura moved that the following Resolution be adopted:
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF JEFFERSON
STATE OF COLORADO
IN THE MATTER OF: Conifer Park and Recreation District
WHEREAS, pursuant to the provisions of the "Special District Control Act", Part 2 of Article 1 of Title 32, C.R.S. 1973, the Petitioners formally presented a Service Plan for Conifer Park and Recreation District ("District") on May 16,1996; and
WHEREAS, pursuant to the provisions of §§32-1-202(1), C.R.S., the Board of County Commissioners of Jefferson County, Colorado, held a public hearing on the 20th day of August 1996 and set a date for a public hearing on the Service Plan; and
WHEREAS, notice of the date, time, location and purpose of the aforesaid hearing was duly published in the High Timber Times, a newspaper of general circulation, on August 22, 1996; notice was provided to the division of local government in the department of local affairs of the name and type of the special District; notice of the date, time and location of the hearing was provided to the Petitioners and to the governing body of each municipality and of each special District which had levied an ad valorem tax within the next preceding tax year and which had boundaries within a radius of three (3) miles of the Petitioners' District, as required by Section 32-1-204(1), C.R.S.; and notice of the time, date, location and purpose of the hearing was provided to the property owners within the proposed District via letter mailing pursuant to Subsection 32-1-204(1.5), C.R.S.; and
WHEREAS, this matter was referred to the Jefferson County Planning Commission, pursuant to Section 32-1-204, C.R.S., who studied and considered said service plan at its meeting on August 7, 1996, at which time said Commission did adopt a resolution recommending approval of the service plan with conditions as stated therein, which recommendation was subsequently presented to the Board of County Commissioners at its hearing of this matter; and
WHEREAS, this Board did, on September 17, 1996, hold a full, public hearing on this matter, taking evidence establishing the jurisdiction of the Board to hear this matter and further taking evidence regarding the substantive issues set forth in Section 32-1-203, C.R.S.; and
WHEREAS, this matter was continued for additional testimony to September 25, 1996, at which hearing all interested parties were afforded an opportunity to be heard; and
WHEREAS, this matter was continued to October 1, 1996 for additional testimony concerning exclusion of property and for decision; and
WHEREAS, the purpose of the Service Plan for Conifer Park and Recreation District is to establish recreational services, programs and facilities to residents in the Conifer community. Other needs identified are to provide a mechanism to assist in the planning services for the area and to have a mechanism to receive an allocation of entitlement funds.
WHEREAS, this Board has fully considered the testimony and other evidence presented to it in this matter.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Jefferson County, Colorado:
1. That the Board does hereby determine that all of the jurisdictional and other requirements of Sections 32-1-202 and 32-1-204, C.R.S., have been fulfilled, including those relating to the filing of the Service Plan and the form and timing of the public notice of the hearing and the public hearing held herein.
2. That the Board does hereby find and determine:
(a) There is sufficient existing and projected need for organized service in the area being serviced by the District, and the service plan provides for additional county review of the service plan after a master plan and needs assessment is completed;
(b) The existing service in the area served by the District is inadequate for present and projected needs;
(c) The District, as outlined in the Service Plan, is capable of providing economical and sufficient service to the area within its proposed boundaries, and the service plan
provides for additional county review after a master plan identifying proposed services is completed;
(d) The area included in the District 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 county, other existing municipal or quasi-municipal corporations, including the existing special Districts, within a reasonable time and on a comparable basis;
(g) The proposal is in substantial compliance with the County's master plan adopted pursuant to Section 30-28-106 and Section 30-28-108, C.R.S.;
(h) The proposed facilities will comply with duly adopted long-range water quality management plans for the area, if any;
(i) The creation of the special District will be in the best interests of the area to be served.
3. That the Service Plan of the District to provide recreational services, programs and facilities for residents in the Conifer community, be and hereby is approved subject to the following condition: the Petitioners shall submit a final legal description of the boundaries of the District prior to filing their petition in district court.
4. That, in compliance with Section 32-1-204(4), C.R.S. the Clerk to this Board shall advise the Petitioners in writing of this action and attach a certified copy of this Resolution for the purpose of filing in the District Court of Jefferson County.
Commissioner Miller seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows:
Commissioner Gary D. Laura AYE
Commissioner Betty J. Miller AYE
Commissioner John P. Stone, Chariman ABSENT
The Resolution was adopted by majority vote of the Board of County Commissioners of the County of Jefferson, State of Colorado.
Dated: October 1, 1996