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TC Res. No. 1998-56RESOLUTION NO. 98 -56 SERIES 1998 A RESOLUTION OF THE TOWN OF AVON, EAGLE COUNT', COLORADO, APPROVING THE CONSOLIDATED SERVICE PLAN FOR CONFLUENCE METROPOLITAN DISTRICT AND AVON STATION METROPOLITAN DISTRICT WHEREAS, pursuant to Sections 32 -1 -204.5 and 32 -1 -205, CRRS., as amended, the Consolidated Service Plan for Confluence Metropolitan District and Avon Station Metropolitan District has been submitted to the Town Council of the Town of Avon (the "Council "); and WHEREAS, notice of the hearing before the Town Council of the Town of Avon, Colorado was duly published in the Vail Valley Times on September 2, 1998, and the Eagle Valley Enterprise on September 3, 1998, as required by law; and WHEREAS, notice of the hearing before the Town Council of the Town of Avon, Colorado was duly mailed by first class mail, on September 2, 1998, to the owners of record of all property within the proposed districts as such owners of record are listed in the proposed consolidated service plan and the Town Council; and WHEREAS, pursuant to the provisions of Title 32, Article 1, C.R.S., as amended, the Council held a public hearing on the Consolidated Service Plan for Confluence Metropolitan District and Avon Station Metropolitan District on September 22, 1998; and WHEREAS, the Council has considered the Service Plan, and all other testimony and evidence presented at the hearing; and NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: 1. The hearings before the Council were extensive and complete; that all pertinent facts, matters and issues were submitted; that all interested parties were heard or had the opportunity to be heard; and, that evidence satisfactory to the Council of each of the following was presented: a. There is sufficient existing and projected need for organized service in the area to be served by the proposed special districts. b. Existing service in the area to be served by the proposed special districts is inadequate for present and projected needs. C. The proposed special districts are capable of providing economical and sufficient service to the areas they intend to serve. d. The areas to be included within the proposed special districts have or will have the financial ability to discharge the proposed indebtedness on a reasonable basis. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Avon, Colorado: 1. That the Town Council of the Town of Avon, Colorado, does hereby determine that the requirements of Sections 32 -1- 202(2) and 32 -1- 203(2), C.R.S., relating to the filing of a Consolidated Service Plan for Confluence Metropolitan District and Avon Station Metropolitan District and the requirements of Sections 32 -1- 204.5, C.R.S., relating to the hearing by the Council, have been fulfilled in a timely manner. 2. That the Town Council of the Town of Avon, Colorado, does hereby approve the Consolidated Service Plan for Confluence Metropolitan District and Avon Station Metropolitan District as presented to Council on September 22, 1998, conditioned on execution of development agreement for the property within the districts by October 31, 1998 and amendment of said Service Plan to conform to said development agreement. 3. A certified copy of this Resolution shall be filed in the records of the Town and submitted to the petitioners for the purpose of filing in the District Court of Eagle County. 4. That all resolutions or parts thereof in conflict with the provisions hereof shall be and the same are hereby repealed. Done this 22nd day of September, 1998, at Avon, Colorado. TOWN COUNCIL OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO ATTEST: %' vo Town erk CMD\RESOUMC 1056090398 0446.0003 By: Mayor 2 RESOLUTION NO. 98 -56 SERIES 1998 A RESOLUTION OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO, APPROVING THE CONSOLIDATED SERVICE PLAN FOR CONFLUENCE METROPOLITAN DISTRICT AND AVON STATION METROPOLITAN DISTRICT WHEREAS, pursuant to Sections 32 -1 -204.5 and 32 -1 -205, C.R.S., as amended, the Consolidated Service Plan for Confluence Metropolitan District and Avon Station Metropolitan District has been submitted to the Town Council of the Town of Avon (the "Council "); and WHEREAS, notice of the hearing before the Town Council of the Town of Avon, Colorado was duly published in the Vail Valley Times on September 2, 1998, and the Eagle Valley Enterprise on September 3, 1998, as required by law; and WHEREAS, notice of the hearing before the Town Council of the Town of Avon, Colorado was duly mailed by first class mail, on September 2, 1998, to the owners of record of all property within the proposed districts as such owners of record are listed in the proposed consolidated service plan and the Town Council; and WHEREAS, pursuant to the provisions of Title 32, Article 1, C.R.S., as amended, the Council held a public hearing on the Consolidated Service Plan for Confluence Metropolitan District and Avon Station Metropolitan District on September 22, 1998; and WHEREAS, the Council has considered the Service Plan, and all other testimony and evidence presented at the hearing; and NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: 1. The hearings before the Council were extensive and complete; that all pertinent facts, matters and issues were submitted; that all interested parties were heard or had the opportunity to be heard; and, that evidence satisfactory to the Council of each of the following was presented: a. There is sufficient existing and projected need for organized service in the area to be served by the proposed special districts. b. Existing service in the area to be served by the proposed special districts is inadequate for present and projected needs. C. The proposed special districts are capable of providing economical and sufficient service to the areas they intend to serve. d. The areas to be included within the proposed special districts have or will have the financial ability to discharge the proposed indebtedness on a reasonable basis. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Avon, Colorado: 1. That the Town Council of the Town of Avon, Colorado, does hereby determine that the requirements of Sections 32 -1- 202(2) and 32 -1- 203(2), CRRS., relating to the filing of a Consolidated Service Plan-for Confluence Metropolitan District and Avon Station Metropolitan District and the requirements of Sections 32 -1- 204.5, C.R.S., relating to the hearing by the Council, have been fulfilled in a timely manner. 2. That the Town Council of the Town of Avon, Colorado, does hereby approve the Consolidated' Service Plan for Confluence Metropolitan District and Avon Station Metropolitan District as presented to Council on September 22, 1998, conditioned on execution of development agreement for the property within the districts by October 31, 1998 and amendment of said Service Plan to conform to said development agreement. 3. A certified copy of this Resolution shall be filed in the records of the Town and submitted to the petitioners for the purpose of filing in the District Court of Eagle County. 4. That all resolutions or parts thereof in conflict with the provisions hereof shall be and the same are hereby repealed. Done this 22nd day of September, 1998, at Avon, Colorado. ATTEST: vo K Town ClerK CMD\RESOUMC 1056090398 0446.0003 TOWN COUNCIL OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO By: 1, �7otur Mayor 2