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HomeMy WebLinkAbout14046RESOLUTION NO. 14046 A RESOLUTION APPROVING THE SERVICE PLANS FOR THE NORTH VISTA HIGHLANDS METROPOLITAN DISTRICT NO. 1 WHEREAS, the Service Plan for North Vista Highlands Metropolitan District No. 1 was filed with the City Clerk (the “City Clerk”) of the City of Pueblo, a municipal corporation (the “City”), pursuant to Sections 32-1-204.5, C.R.S.; and, WHEREAS, the City Council of the City (the “Council”) held a public hearing on said Service Plan on September 24, 2018; and, WHEREAS, notice of said public hearing was duly published in the “Pueblo Chieftain,” a newspaper of general circulation within the boundaries of the District, on August 31, 2018; and, WHEREAS, the Council has considered the Service Plan in reference to the information and criteria required and set forth in Section 32-1-202(2) and Section 32-1- 203(2), C.R.S., and in light of testimony and other evidence presented to it at said public hearing; and, WHEREAS, the City has retained the law firm of Spencer Fane, LLP for purposes of reviewing the Service Plan; negotiating the terms thereof and making appropriate amendments thereto to protect the interests of the City; and, WHEREAS, the Council hereby finds that the Service Plan should be approved as provided herein, pursuant to Section 32-1204.5, C.R.S., NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The information contained within the Service Plan for the North Vista Highlands Metropolitan District No. 1 satisfies the requirements of Section 32-1-202(2), C.R.S. SECTION 2. Evidence satisfactory to the Council of each of the following was presented, as provided in Section 32-1-203(2), C.R.S.: a. There is sufficient existing and projected need for organized service in the area to be served by the proposed District; and, b. The existing service in the areas to be served by the proposed District is inadequate for present and projected needs; and, c. The District is capable of providing economical and sufficient services to the areas within its proposed boundaries; and, d. The areas to be included in the District does have, and will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. SECTION 3. The requirements of Section 32-1-204.5, C.R.S., and of the applicable provisions of the Pueblo Municipal Code, if any, relating to the contents and standards for approval of the Service Plan, have been fulfilled. SECTION 4. The Council hereby approves and authorizes the attachment of this Resolution to the Petition for organization of the District in accordance with Section 32-1-205, C.R.S. and Section 32-1-301, C.R.S. SECTION 5. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of the Resolution to implement the policies and procedures described herein. SECTION 6. This Resolution shall become effective immediately upon final passage and approval. INTRODUCED September 24, 2018 BY: Robert Schilling MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK City Clerk’s Office Item # L-1 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: September 24, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: A RESOLUTION APPROVING THE SERVICE PLANS FOR THE NORTH VISTA HIGHLANDS METROPOLITAN DISTRICT NO. 1 SUMMARY: The property owners who are proponents for the creation of the North Vista Highlands Metropolitan District No. 1 established under Title 32 of the Colorado Revised Statutes have submitted a Service Plan to the City for the proposed district. The area where the district would be established, along with the future expansion area of the district totaling approximately 1,060 acres, is included within the North Vista Annexation that was annexed into the City of Pueblo on April 13, 2007 by Ordinance No. 7996. In accordance with the requirements of Title 32, Section 32-1-204.5, C.R.S. the City Council of the City of Pueblo (“City Council”) is required to approve the Service Plan of the district prior to proceeding with the remaining steps required to form the district under state statutes. PREVIOUS COUNCIL ACTION: None. BACKGROUND: City Council’s approval of the Service Plan for the North Vista Highlands Metropolitan Districts No. 1 (“Service Plan”) is the initial step in creating a metropolitan district under Title 32 of the Colorado Revised Statutes. The proposed metropolitan district is contained within the boundaries of the North Vista Annexation generally located north of Vision Hills Parkway and west of Troy Avenue. The Service Plan is being submitted concurrently with four other special district service plans within the North Vista annexation area, although each separate district will be established independently to provide for the finance, construction, operation and maintenance of the facilities and improvements described within each service area. The District is proposed to be formed as a separate legal entity distinct from the City with its own elected board of directors under the Colorado Special District Act. The District will have the authority, subject to voter approval, to impose mill levies on properties in the District for the specific purposes, including the operation of the district’s authorized services and debt payments, as described in the Service Plan. The proposed metropolitan district may not deviate in a material manner from the requirements of the Service Plan. The Service Plan consists of a financial analysis and general engineering plans showing how proposed facilities and services will be provided and financed. The approval of the Service Plan by City Council does not imply any approval by the City of any development or improvement plan that is utilized or described in the Service Plan. District No. 1, (the “Service District”), which is the subject of this Service Plan, will be organized to finance, construct, own, manage and operate the public improvements throughout the development areas. District No. 2, District No. 3, District No. 4, and District No. 5 will serve as the “Financing Districts” and will be organized to coordinate their efforts to provide public services to the development in the most efficient manner possible. The Service District will be responsible for managing the construction and operation of the public facilities and improvements within the development areas, and for providing funding to support costs related to the necessary services and improvements. Each Financing District will be responsible for financing its respective share of the improvements and associated operations and maintenance costs, as described in the respective Service Plan for each Financing District. It is anticipated that the property within the boundaries of the Service District will be developed for residential uses upon finalization of development plans. The area proposed to be included within the boundaries of this Service District will initially consist of approximately one acre. The Service Plan allows for the boundaries of the District to be adjusted from time to time in accordance with the provisions of the Service Plan identified as the Future Inclusion Areas that are contained within the North Vista Annexation boundary. The Service Plan provides for the design, acquisition, construction, installation and financing of certain water, sanitation, street, safety protection, park and recreation, transportation, television relay and translation, mosquito control, security, covenant enforcement, and fire protection improvements and services within and without the Service District’s boundaries. The City is not obligated to own, operate, or maintain any of the improvements provided by the District. Although any of the improvements that will ultimately be accepted by the City will be required to be designed and constructed in compliance with City standards and provisions of the Municipal Code. Those improvements not dedicated to the City for ownership, operation, and maintenance may be owned, operated, and maintained by the District or other appropriate entities. FINANCIAL IMPLICATIONS: The approval of the Service Plan does not impose any liability on the City nor create any responsibility or liability on the part of the City for any of the District’s obligations. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: The notice of the filing of the Service Plan with the City Clerk has been distributed to all existing taxing districts within the service area of the proposed district. The notice of the hearing on the proposed Service Plan has been provided to the taxing districts. ALTERNATIVES: If the Service Plan is not approved or not approved in the timeframe to meet the State Statutory requirements for the proponents to conduct an election to form the District, the proponents will not be able to hold another election, per state statutes until May 2020. RECOMMENDATION: Approval of the Resolution. Attachments: Services Plans for the North Vista Highlands Metropolitan District, No. 1 Service Plan Review Application Legal Notice for Public Hearing on Service Plan