HomeMy Public PortalAboutResolution 2001-11-01 Approving the First Amended and Restated Service Plan for the Maryvale Residential Metro District
TOWN OF FRASER, COLORADO
RESOLUTION NO. 11-1-01
A RESOLU.TION APPROVING THE FIRST AMENDED AND REST A TED SERVICE
PLAN FOR THE MAR YV ALE RESIDENTIAL METROPOLITAN DISTRICT.
WHEREAS, 9 32-1-207 of the Colorado Revised Statutes provides that Inaterial
111odification of a service plan ll1USt be approved by the governing body of the
111unicipality which approved the original service plan; and
WHEREAS~ a Service Plan for Maryvale Residential Metropolitan District (the
~'Districr') was subnlitted to and approved by the Board of Trustees of the Town of
Fraser (the ....Town") by Resolution No. 98-4-2; and
WHE.REAS, the District has submitted to the Town a First Anlended and Restated
Service Plan; alld
WHERE.AS, tIle Maryvale Comnlercial Metropolitan District submitted Ballot
Questions No. SF, 5G, 5H, 51, 51 and SK to its electors at the election held November 6,
1996 and the electors approved said Ballot Questions; and
WHEREAS, the Town has conducted a public hearing on the First Atnended and
Restated Service Plan for the District.
NOW r.HEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TO\VN. OF FRASER, COLORADO:
Section 1.
The Board of Trustees makes the following findings:
1. The territory of the District is located wholly within the boundaries of the
Town;
2. The First Al11ended and Restated Service Plan will not result in any
material adverse effect to the final service area, facility and service
standards, existing or projected need for service, or the fina11cial ability of
the District to discharge indebtedness on a reasol1ablc basis; and
3. The First Amended and Restated Service Plan will not result in any
material ad,'erse effect to the District's compliance with any duly adopted
master plans or COUllty, regional, or state long-range water quality
management plan for the area.
4. Approval of the First All1ended and Restated Servjce Plan is ill tIle best
interests of the area proposed to be served.
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Section 2. By its approval and acceptance of this Resolution, and to the extent
perlnitted by law, the District agrees to indemnify and hold harmless tIle Town of Fraser,
its officers and employees, (collectively "Town"), from and against any and all liability
or loss, including reasonab Ie atton1ey fees and litigation expenses, resulting from any
claim or denland nlade upon the Town arising from or relating to the organizational
process en1ployed for the arnel1dment to the Maryvale Residential Metropolitan District
Service Plan. It is further understood and agreed that the Town and the District are
relyillg on, and do not waive or intend to waive by any provision of this Resolution, the
monetary limitations or any other rights, immunities, and protection provided by the
Colorado Govemmelltal Immunity Act, C .R.S. 24-10-101, et seq., as from time to time
amended~ or otherwise available to the Town and the District, their officers, or their
en1ployees.
Section 3~ The First Anlended and Restated Service Plan for the District is
hereby approved, subject to the following conditions prec.edent:
1. The Board of Directors of Maryvale Residential Metropolitan District
providing a certified resolution approving the District's First All1ended
and Restated Service Plan~ and
2. The .Board of Directors of Maryvale Commercial Metropolitan District
providing a certi tied resolution approving the District's First Amended
and Restated Service Plan; and
3. The Board of Directors of Maryvale Residential Metropolitan District
providing a certified resolution approving the F~irst Anlcnded and Restated
Intergovernmental Agreement; and
4. The Board of Directors of Maryvale Comlnercial Metropolitan District
providing a certified resolution approving the First An1ended and Restated
Intcrgoverntnental Agreement; and
5. Execution of the First Amended and Restated Intergovernmental
Agreement by the authorized officers of the Maryvale Residential
Metropolitan District and the .Maryvale Comm.ercial Metropolitan District;
and
6. Execution of a copy of this Resolution by the authorized officers of the
Maryvale Residential Metropolitan District; and
7. The Board of Directors of Maryvale Commercial Metropolitan District
providing a certified resolution referring to its electors for its May 2002
election a ballot question asking the electors to resclnd the COl11mercial
District's previous Ballot Questions No. SF, 5G~ 5H, 51, 51 and 5K~ which
were approved at an election held on Noven1ber 5, 1996; and
8. Delivery to the Town of Fraser of a binding written commitment from the
Developer, Rendezvous Colorado, LLC, agreeing to pay any and all
property taxes that may be due with respect to the parcel idel1tified in the
POD Plan as Planning Area 4E at the time said parcel is conveyed to the
Town of Fraser pursuant to the PDD Plan; and
9. Receipt of payment by tIle Town of Fraser from said Developer of all
consultant fees and other expenses incurred by the Town in connection
with the review and approval of the First Aluended and Restated Service
Plans for the Maryvale Residential and COlnmercial Metropolitan
Districts.
RESOLVED this 7th day ofNovernber, 2001.
B~,'7JWhld1uv
To\vn erk
ATTEST:
APPROVED AND ACCEPTED:
MARYV ALE RESIDENTIAL METRO.POLIT AN
DlST~~~~
By: Wal ter A. Koelbel, Jr_
Its: President
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