HomeMy Public PortalAboutResolution 2023-05-07 Approving First Amendment to First Amended and Restated Consolidated Service Plan for W Mountain, W Meadow and Byers View GP N Meadow , GP S Meadow, W Mountain, W Mountain Districts 2-5 Metro Districts and IGAsTOWN OF FRASER
RESOLUTION NO 2023-05-07
A RESOLUTION OF THE TOWN OF FRASER, COLORADO APPROVING THE FIRST
AMENDMENT TO THE FIRST AMENDED AND RESTATED CONSOLIDATED SERVICE
PLAN FOR WEST MOUNTAIN METROPOLITAN DISTRICT, WEST MEADOW
METROPOLITAN DISTRICT, AND BYERS VIEW METROPOLITAN DISTRICT; THE BYERS
VIEW METROPOLITAN DISTRICT, GP NORTH MEADOW METROPOLITAN DISTRICT, AND
GP SOUTH METROPOLITAN DISTRICT CONSOLIDATED SERVICE PLAN; AND THE
WEST MOUNTAIN METROPOLITAN DISTRICT AND WEST MOUNTAIN METROPOLITAN
DISTRICTS NOS. 2-5 CONSOLIDATED SERVICE PLAN; AND ASSOCIATED
INTERGOVERNMENTAL AGREEMENTS WITH EACH DISTRICT.
WHEREAS, on August 4, 2004, the Board of Trustees for the Town of Fraser, Colorado
(the "Board of Trustees") approved the Consolidated Service Plan for West Mountain
Metropolitan District ("West Mountain"), West Meadow Metropolitan District (West Meadow"),
and Byers View Metropolitan District ("Byers View") (West Mountain, West Meadow, and Byers
View collectively referred to herein as the "Districts") pursuant to C.R.S. § 32-1-204.5, and the
Districts were organized in accordance with C.R.S. §§ 32-1-201, et seq., in 2004; and
WHEREAS, on April 14, 2005, the Board of Trustees approved the First Amended and
Restated Consolidated Service Plan for the Districts ("First Amended Service Plan"); and
WHEREAS, there has been submitted to the Town of Fraser (the "Town") a proposed
First Amendment to the First Amended Service Plan for the Districts, together with the
Consolidated Service Plan for the proposed West Mountain Metropolitan District and West
Mountain Metropolitan District Nos. 2-5 (" West Mountain Districts") as well as the Consolidated
Service Plan for the proposed Byers View Metropolitan District, GP North Meadow Metropolitan
District, and GP South Metropolitan District ("GP Districts") (the proposals collectively referred to
herein as the "Amended Service Plans"); and
WHEREAS, it is the intent and purpose of the Amended Service Plans to amend,
replace and restate the First Amended Service Plan, as the same specifically applies to West
Meadow, and to further provide for the organization of the West Mountain Districts and the GP
Districts as separate and distinct metropolitan districts each operating under different service
plans; and
WHEREAS, pursuant to C.R.S. § 32-1-204.5, the Board of Trustees has authority to
review the Amended Service Plans with reference to need, service and economic feasibility; and
WHEREAS, the Amended Service Plans provide for revised boundaries of West
Meadow, the West Mountain Districts, and the GP Districts along with changes in financial and
operational terms applicable to each of them; and
WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S., as amended,
the Board of Trustees held a public hearing on the proposed Amended Service Plans on the
26th day of April 2023; and
WHEREAS, the Board of Trustees considered the Amended Service Plans and all other
testimony and evidence presented at the hearing and continued the hearing until May 17, 2023;
and
WHEREAS, the Board of Trustees further considered the Amended Service Plans and
all other testimony and evidence presented at the continued hearing on May 17, 2023; and
WHEREAS, based upon the testimony and evidence presented at the initial hearing and
the continued hearing, it appears that the Amended Service Plans should be approved by the
Board of Trustees in accordance with Section 32-1-204.5(1)(a), C.R.S.; and
WHEREAS, the Town previously entered into an Intergovernmental Agreement with the
Districts on April 6, 2005, along with the approval of the First Amended Service Plan; and
WHEREAS, an amended Intergovernmental Agreement between the Town and the
Districts, along with a new Intergovernmental Agreement between the Town and the West
Mountain Districts and a new Intergovernmental Agreement between the Town and the GP
Districts have been prepared to reflect the changes proposed by the Amended Service Plans.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of
Fraser, Grand County, Colorado, as follows:
Section 1. The Board of Trustees has authority to approve the Amended Service
Plans pursuant to the provisions of Section 32-1-204.5, C.R.S.
Section 2. The Amended Service Plans contain the information required by Section
32-1-202(2), C.R.S.
Section 3. Based on the contents of the Amended Service Plans and other evidence
presented at the meetings of the Board of Trustees held on April 26, 2023, and May 17, 2023,
and in accordance with Section 32-1-203(2), C.R.S., the Board of Trustees hereby finds and
determines as follows:
a. There is sufficient existing and projected need for organized service in the area
to be served by the newly proposed West Meadow, West Mountain Districts, and
GP Districts ("Proposed Districts");
b. The existing service in the area to be served by the Proposed Districts is
inadequate for present and projected needs;
c. The Proposed Districts are capable of providing economical and sufficient
service to the areas within their respective proposed boundaries; and
d. The areas to be included within the Proposed District have, or will have, the
financial ability to discharge their respective proposed indebtedness on a
reasonable basis.
Section 4. The Amended Service Plans for the Proposed Districts are hereby
approved.
Section 5. The Board of Trustees hereby approves the First Amendment to
Intergovernmental Agreement between the Town of Fraser and the Districts, the
Intergovernmental Agreement among the Town of Fraser and the West Mountain Districts, and
the Intergovernmental Agreement between the Town of Fraser and the GP Districts (collective,
the Proposed Districts at their respective first meetings following this approval, and executed
originals thereof shall be promptly delivered to the Town.
Section 6. This Resolution shall be effective upon adoption.
Section 7. Approval of this Resolution is not a waiver of, nor a limitation upon any
power that the Town is legally permitted to exercise with respect to the property located within the
Proposed Districts, including but not limited to all land use, permitting, or development actions
required by the Town Code.
Section 8. The Town Clerk shall certify to the passage of this Resolution, make not
less than one copy of the adopted Resolution available for inspection during regular business
hours, and shall submit a certified copy to the representatives and organizers of the Districts for
the purpose of filing in the District Court of Grand County for further proceedings concerning the
Districts.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS
f DAY OF May 2023.
Votes in favor: -1 B QF TRUSTEES OF
Votes opposed: O T OARD F�R.fsER, COI�U
Absent:
(S
CERTIFICATION
BY:
Mayor
ATTEST:
GIO-eKjiN ThC'L. &
Town Clerk
The undersigned, Antoinette McVeigh, Town Clerk for the Town of Fraser, Colorado,
does hereby certify that the above is a true and correct copy of a resolution duly
adopted by the Fraser Board of Trustees at a regular meeting duly convened on
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ignature)