RESOLUTION NO. CC98-293

IN THE MATTER OF: PROSPECT RECREATION AND PARK 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 Prospect Recreation and Park District ("District") on January 16, 1998; 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 7th day of April, 1998 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 Transcript, a newspaper of general circulation, on April 10, 1998; 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 March 25, 1998, 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 May 5, 1998, 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.;

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WHEREAS, this Board did continue the hearing to May 12, 1998 for additional testimony concerning the effect of excluding properties from the proposed district; and

WHEREAS, the purpose of the Service Plan for Prospect Recreation and Park District is to provide recreational services, programs and facilities to residents within the proposed boundary of the Prospect Recreation and Park District; and

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 not sufficient and projected need for organized service, in addition to that currently provided by the county one-mil district, in the area to be serviced by the proposed District; and

(b) The existing service in the area to be served by the proposed District is adequate for present and projected needs;

3. That approval of the Service Plan of the District be and hereby is denied.

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.

Commissioner Holloway seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows:

Commissioner John P. Stone AYE

Commissioner Patricia B. Holloway AYE

Commissioner Michelle Lawrence, Chairman AYE

The Resolution was adopted by unanimous vote of the Board of County Commissioners of the County of Jefferson, State of Colorado.

Dated: May 26, 1998