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HomeMy WebLinkAbout14404 RESOLUTION NO. 14404 A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE SERVICE PLAN FOR THE NORTH VISTA HIGHLANDS METROPOLITAN DISTRICT NO. 2 WHEREAS, the First Amendment to Service Plan for North Vista Highlands Metropolitan District No. 2 (“District”) was filed with the City Clerk (“City Clerk”) of the City of Pueblo, a Colorado Municipal Corporation (the “City”), pursuant to Sections 32-1-204.5, C.R.S.; and, WHEREAS, according to Section 122-37(c) of the Pueblo Municipal Code, any change to a Title 32 District Service Plan which is of a basic or essential nature is material and thus requires the prior approval of the City Council; and, WHEREAS, the City Council of the City (”the Council”) held a public hearing on said First Amendment to the Service Plan for the North Vista Highlands Metropolitan District No. 2 on May 11, 2020; 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 April 21, 2020; and WHEREAS, the Council has considered the District’s request to amend its Service Plan and all testimony and evidence presented to the City Council at the public hearing thereon; and, WHEREAS, the Council hereby finds that the request to amend the Service Plan for the North Vista Highlands Metropolitan District No. 2 should be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City Council hereby approves the proposed First Amendment to the Service Plan for the North Vista Highlands Metropolitan District No. 2 in substantially the form presented at this meeting, subject only to such technical variations, additions, or deletions in and to such document as the City Attorney shall deem necessary or appropriate and not inconsistent with this Resolution. SECTION 2. All Resolutions or parts of Resolutions of the City of Pueblo, a Colorado Municipal Corporation in conflict herewith are hereby rescinded. SECTION 3. 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 4. This Resolution shall become effective immediately upon final passage and approval. INTRODUCED May 11, 2020 BY: Robert Schilling _____ MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # K-2 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: May 11, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE SERVICE PLAN FOR THE NORTH VISTA HIGHLANDS METROPOLITAN DISTRICT NO. 2 SUMMARY: The Board of Directors of North Vista Highlands Metropolitan District No. 2 (“District”) has requested an amendment to the Service Plan be approved by City Council to clarify the District’s authority to include and exclude property described in the Future Inclusion Area into and from the boundaries of this District. The Board of Directors is also requesting to amend the Service Plan to modify the District’s ability to exercise the power of eminent domain as needed under Title 32 of the Colorado Revised Statutes. These amendments to the District’s Service Plan have been determined by the District’s Board to benefit development of property located within the existing Future Inclusion Area of the District and are in the best interests of the residents, property owners, and taxpayers of the District to amend the Service Plan. PREVIOUS COUNCIL ACTION: The Service Plan for North Vista Highlands Metropolitan District No. 2 (the “Service Plan”) was approved by the City Council of the City of Pueblo, Colorado (“Council”) on September 24, 2018. BACKGROUND: The North Vista Metropolitan Districts Nos. 1-5 were organized on January 15, 2019 pursuant to C.R.S. 32-1-101 et seq. The Districts are all located within the boundaries of the North Vista Annexation generally located north of Vision Hills Parkway and west of Troy Avenue. Prior to the organization of the Districts, the City Council approved a Service Plan for this District on September 24, 2018 which provides for the finance, construction, operation and maintenance of the facilities and improvements described within each service area in compliance with Sections 32-1-204.5, C.R.S. The Board of Directors of North Vista Highlands Metropolitan District No. 2 (“District”) has requested an amendment to the Service Plan be approved by City Council to clarify the District’s authority to include and exclude property described in the Future Inclusion Area into and from the boundaries of this District. The Board is also requesting to amend the Service Plan to modify the District’s ability to exercise the power of eminent domain as needed under Title 32 of the Colorado Revised Statutes. Allowing the District to include additional real property into the Future Inclusion Area will better ensure the timely completion of infrastructure improvements to serve the development of areas that will be included within the boundaries of the District. The developer of North Vista Highlands Metropolitan District No. 2 has acquired, or is under contract to acquire, additional real property located within and adjacent to the existing Future Inclusion Area. The initial area included within the boundaries this District at the time it was established is approximately one acre. The Service Plan amendment 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. 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 City for ownership, operation, and maintenance may be owned, operated, and maintained by the District or other authorized entities. FINANCIAL IMPLICATIONS: The approval of the First Amendment to Service Plan for the District 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 First Amendment to Service Plan for the District has been filed with the City Clerk and distributed to all existing taxing districts within the existing service area and future inclusion area of the District. The notice of the hearing on the proposed Amendment to the Service Plan has been provided to the taxing districts. ALTERNATIVES: If the First Amendment to Service Plan for the District is not approved, the Board of Directors of the District will not have the ability to expand the District’s boundaries to include property that has been recently acquired or is under contract to be acquired by a developer seeking to be included within the expanded boundaries of the District. Additionally, the District Board will not be able to exercise the power of eminent domain to ensure the timely completion of the infrastructure improvements to serve the development. RECOMMENDATION: Approval of the Resolution. Attachments: Proposed Resolution First Amendment to Service Plan for North Vista Highlands Metropolitan District No. 2 Legal Notice for Public Hearing on Service Plan Application for Service Plan Amendment