Loading...
HomeMy WebLinkAboutbocc.res.056.2009A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, PROVIDING FOR THE FORMATION OF THE PITKIN COUNTY ENERGY SMART LOCAL IMPROVEMENT DISTRICT; DESCRIBING THE PROPERTY TO BE INCLUDED IN THE DISTRICT, THE IMPROVEMENTS TO BE MADE ON SUCH PROPERTY, AND THE METHOD OF FINANCING SUCH IMPROVEMENTS; AND PROVIDING OTHER MATTERS RELATING THERETO RESOLUTION NO. 45~0 -2009 1. Pitkin County, Colorado (the "County") is a Colorado county duly organized and operating under the Constitution and laws of the State of Colorado (the "State"); and 2. The members of the Board of County Commissioners of the County (the "Board") have been duly elected, chosen and qualified; and 3. Pursuant to Part 6 of Article 20 of Tit1e 30, Colorado Revised Statutes, as amended (the "Act"), the County is authorized to form a local improvement district for the purpose of, among others, encouraging, accommodating, and financing Renewable Energy Improvements and Energy Efficiency Improvements (both as defined in the Act); and 4. The Colorado General Assembly has determined that the production and efficient use of energy will continue to play a central role in the future of Colorado and that renewable energy will advance the security, economic well-being, and public and environmental health of our State, as well as contributing to the energy independence of our nation; and 5. The County desires to encourage, accommodate and provide financing for Energy Efficiency Improvements and Renewable Energy Improvements (collectively, "EE/RE Improvements") on residential and commercial properties in the County (the "Project") and accordingly desires to form a local improvement district to be known as the Pitkin County Energy Smart Local Improvement District (the "District") pursuant to the Act for the purpose of accomplishing the Project, including paying all costs necessary and incidental ihereto; and 6. Pursuant to the Act and other applicable law of the State of Calorado, in order to finance the Project, the County expects to issue bonds and incur other multiple fiscal year financial obligations in order to make loans to property owners for the purpose of making EE/RE Improvements to their properiies if such owners agree that their properties benefited from such improvements are included in the District and are assessed to pay for costs of such improvements, including a portion of financing and administrative costs; and 7. The County anticipates that the loans provided by the County to property owners to finance EE/RE Improvements to their properties may be more affordable than a conventional bank loan, because of, in part, the County's ability to issue tax-exempt bonds or tax credit bonds, and, based on various federal tax laws considerations, the RECEQ710N#: 564650, 11J19J2009 at 12:29:50 P~VI, 1 OF 5, R$0.00 Doc Code RESOLUTION Janice K. 1Jas Caudii{, Pitkin County, CO County may also issue taxable bonds to fund loans to cer[ain property owners who do not qualify for tax-exempt financings; and 8. Pursuant to the requirements of the Act and Article X of Section 20 of the State Constitution, voter approval is required prior to the issuance by the County of such bonds or incurrence of other multiple fiscal year financial obligations; and 9. The Board has previously determined to submit a ballot issue (the "Ballot Issue") authorizing the issuance of such bonds and incurrence of other multiple fiscal year financial obligations to the eligible electors of the County at an election to be held on November 3, 2009; and 10. In order to achieve savings with respect to the costs of issuance of the bonds or incurrence of other multiple fiscal year financial obligations, the County may partner and cooperate with other counties in the State in issuing the bonds and financing loans to the property owners in the District and otherwise accomplishing the Project; and I 1. The County has, in accordance with Section 30-20-603(6) of the Act, held a public hearing on the formation of the District at the meeting of the Board at which this Resolution is finally adopted following published notice thereof not less than 30 days prior to the date of such public hearing; and 12. Notice of the public hearing was published in the County's legal newspaper, the Aspen Times Weekly, on September 27, 2009, stating the date, time, location, and subject of the hearing and the other information required to be included therein by Section 30-20-603(6) of the Act; however, the published notice did not contain all of the information set forth in section 30-20-603(6) of the Act because the District will include only property for which the property owner has consented to inclusion and has entered into an agreement with the County containing, among other things, a waiver of such omitted information in the notice; and 13. The Counry has determined that it is not possible to mail notice of such public hearing to each address within the District pursuant to Section 30-20-603(2)(b) of the Act because, as contemplated by Section 30-20-603(11.5) of the Act, the properties to be included in the District have not yet been identified; and 14. Pursuant to the Act, the District will include only property for which the owner thereof shall have entered into a contract or agreement with the County for the inclusion of such property in the District; and 15. The County may, pursuant to Section 30-20-603(12) of the Act, require in such contract or agreement that such owner waive such mailed notice and any other notice of the formation of the District otherwise required to be given to such owners; and 2 16. The County has not received written protests to the formation of the District from any owners of property proposed to be included in the District because only those properties for which owners agree to be included in the District will be so included; and 17. Pursuant to Section 30-20-603(1) of the Act, the EE/RE Improvements may be made to properties located within the boundaries of a municipality only if such municipality consents by ordinance to such improvements being made to properties located within its boundaries; and 18. The County intends to seek consents from the City of Aspen, Town of Basalt (with respect to its territory located within the County), and Town of Snowmass Village to make the EE/RE Improvements to properties located within their respective boundaries. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that: 1. Declaration of District. Pursuant to and in accordance with the Act, the County hereby forms the "Pitkin County Energy Smart Local Improvement District° (the "District") as a"District" within the meaning of the Act. 2. Description of District. The District will consist of, and shall only include, each property within the County (each, an "Included Property") for which the owner thereof (an "Included Owner") has executed an agreement with the County consenting to the inclusion of such property within the District (an "Improvement Agreement"), which Included Properties shall be added to the District by subsequent resolutions of the Board as provided in Section 30-20-603(11.5) of the Act; provided that, in accordance with Section 30-20-603(1)(a) of the Act, if any such property is located within any municipality in the County, such property may not be so included in the District as an Included Properiy unless such municipality shall have consented to making the EE/RE Improvements to properties within its boundaries. 3. Description of Improvements. The improvements to be financed by the County for properties within the District shall consist of, and shall be limited to, any improvements constituting RE/EE Improvements pursuant to the Act. The RE/EE Improvements to be constructed on each Included Property shall be as set forth in the Improvement Agreement or Improvement Agreements for such Included Property. 4. Financing. The cost of RE/EE Improvements undertaken by the County for properties within the District or undertaken by an Included Owner and financed by the County, including financing and administrative costs, shall be assessed on the related Included Property in the amount or amounts set forth in the Improvement Agreement(s) for such Included Property in accordance with the Act, and shall be financed at the option of the County, through the issuance of bonds by the County in one or more series and/or incurrence of other multiple fiscal year financial obligations, which bonds and/or financial obligations shall be payable from such assessments and other legally available funds of the County in accordance with the Act and the Ballot Issue, all as more fully set 3 forth in the Improvement Agreement(s) for such Included Property pursuant to Section 30-20-603(12) of the Act. 5. Notice. In accordance with Section 30-20-603(6) of the Act, on September 27, 2009, the County published notice (the "Notice") of the public hearing conducted at the meeting at which this Resolution is adopted in the Aspen Times Weekly. Pursuant to Section 30-20-603(12) of the Act, each Improvement Agreement shall contain a waiver by the Included Owner of the information not included in the Notice, or the insufficiency of the Notice, or any other notice of such public hearing, including, without limitation, any mailed notice thereof pursuant to Section 30-20-603(2)(b) of the Act. 6. Authorization of County Officers and Employees. The Board and all other County officers and employees are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution. 7. Ratification of Prior Actions. All actions not inconsistent with the provisions of this Resolution heretofore taken by the members of the Board and the officers and employees of the County and directed toward the formation of the District for the purposes stated herein are hereby ratified, approved and confirmed. 8. Repealer. All prior acts, orders or resolutions, or parts thereof, by the County in conflict with this Resolution are hereby repealed, except that this repealer shall not be construed to revive any act, order or resolution, or part thereof, heretofore repealed. 9. Severability. ]f any section, paragraph, clause or provision of this Resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of this Resolution, it being the intention that the various parts hereof are severable. 10. Effective Date. This Resolution shall take effect immediately upon its passage. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 14t" DAY OF OCTOBER, 2009. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 18th DAY OF OCTOBER, 2009. PUBLIC HEARING AND SECOND READING ON THE 28`" DAY OF OCTOBER, 2009. ~~ PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE~h DAY OF NOVEMBER, 2009. 4 TEST: , ~'I~t ~.(,{,~1r ~ ,,L',~ Je ette Jones De uty Clerk & Recorder APPROVED AS TO FORM: 4_ _- S John Eiy, County Attorney BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO A ) ,~ . ;. , B"'J Ci C~~ ~C~~~ - L~~~,~~?~ _ Y Patti Kay-Clapper, C air ' Date: i I I C ~ MANAGER APPROVAL: ~ , ~1~ ~.~, .` ~~~ .~~ ~t_. Hilary Flet~c er, County Manager ,~ 5