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HomeMy WebLinkAboutbocc.res.072.1974PITKIN COUNTY BOARD OF COMMISSIONERS RESOLUTION #74-72 A Resolution Concerning the Aspen Valley Hospital District in the County of Pitkin and the State of Colorado; Approving the Service Plan for Said Proposed District as Amended and Ratifying all Action Preyiously Taken by Said County and the Officers Thereof in Connection with Said District. WHEREAS, the County of Pitkin (herein the "County") in the State of Colorado (herein the "State"), is a County operating under the Laws of the State; and WHEREAS, a "Service Plan Aspen Valley Hospital District," Pitkin County, Colorado (herein designated as the "Service Plan"), including supple- mental documents, maps, and exhibits and a processing fee in the amount of $200.00, was filed with the County Clerk and Recorder of the County of Pitkin, State of Colorado, at least ten days prior to a regular meeting of the Board of County Commissioners of said County, i.e., on or before the 27th day June, 1974, along with a petition which requested a public hearing on the adequacy of said Service Plan and the organization of said District; and WHEREAS, the Board of County Commissioners of the County of Pitkin, on the 8th day of July, 1974, by resolution called a public hearing on the adequacy of the service plan and the organization of said district for the 5th day of August, 1974; and WHEREAS, notice of the date, time and location of the public hearing on the adequacy of the service plan was published in the Aspen Times, a newspaper of general circulation in the County of Pitkin, once each week for a period of three successive weeks by four publications, i.e., on the llth day of July, 1974, the 18th day of July, 1974, the 25th day of July, 1974, and on the 1st day of August, 1974, the first publication being at least 20 days prior to the date set for the hearing; and WHEREAS, written notice of the date, time and location of such hearing was given to all of the persons named on the petition to this Board of County Commissioners and to the governing body of all existing municipalities or special districts which levied an ad valorem tax within the next preceding tax year, and which now has, or then had boundaries within a radius of three miles of the proposed district; and WHEREAS, one copy of the service plan, submitted by the petitioners, along with the written notice, was delivered to the County Planning Commission of the County of Pitkin with the request that said County Planning Commission study such service plan and that a representative of said Commission present the County Planning Commission's recommendations to the Board of County Com- missioners at said hearing; and WHEREAS, said public hearing was duly held and conducted in accordance with Article 18, Chapter 89, Colorado Revised Statutes 1963, shown in the 1965 Permanent Cumulative Supplement, and a representative of the County Planning Commission presented that Commission's recommendations to the Board of County Commissioners at said hearing; and WHEREAS, pursuant to the provisions of ARticle 18, Chapter 89, Colorado RevisedStatutes 1963, the Board of County Commissioners constitutes the approving authority and is required to review any service plan or revised or modified service plan filed by the petitioners of any proposed special district; and WHEREAS, the Board of County Commissioners has reviewed the service plan including all supplemental documents, maps and exhibits for the organization of the district, has reviewed the recommendations of the County Planning Commission, and has considered all testimony and evidence presented at the hearing held on August 5, 1974, which was considered by the Board of County Commissioners to be relevant to the formation of the district or the adequacy of the service plan, and has further considered the modification to the service plan as presented at the hearing and carried in the record thereof; and WHEREAS, the Board of County Commissioners has determined, and hereby again determines: One, that the "Service Plan, Aspen Valley Hospital District" as so amended, hereinafter called "the Service Plan," submitted by the petitioners for the district fully complies with the provisions and requirements of ARticle 18, Chapter 89, Colorado Revised Statutes 1963, and contains the information required to be included therein. Two, that the required processing fee in the amount of $200.00 was ac- cepted by the Board of County Commissioners of the County of Pitkin in accordance with law, along with said service plan. - 2 - Three, that there is sufficient existing and projected need for organized service in the area to be serviced by the Aspen Valley Hospital District. Four, that the existing hospital facilities or service in the area to be served by the Aspen Valley Hospital District is not adequate for either present or for projected needs. Five, that adequate hospital facilities or service is not and will not be available to the area proposed to be included within the boundaries of the Aspen Valley Hospital District through either municipal annexation or, absent the formation of the proposed district, by other existing municipal or quasi- municipal corporations within either a reasonable time or on a comparable basis as shown by the service plan. Six, that no Regional Service Authority has been formed, or is in the process of being former, with territory which extends into the proposed boundaries of the Aspen Valley Hospital District and that the provisions of Section 89-25-37, Colorado Revised Statutes 1963, do not apply to the organization of the Aspen Valley Hospital District. Seven, that the City of Aspen, Colorado, a home-rule municipal corpora- tion, is not now nor has it ever exercized its "hospital powers" as authorized by Chapter 139, Colorado Revised Statutes 1963, or as provided or limited in the City Charter, and that the "Aspen Fire Protection District," the "Aspen Metropolitan Sanitation District," the "Aspen Sanitation District," the "Aspen Wildcat Basin Water and Sanitation District," the "Basalt Sanitation District," the "Basalt and Rural Fire Protection District," the "Carbondale and Rural Fire Protection District," the "Highlands Water and Sanitation District," the "Redstone Water and Sanitation District," the "Snowmass Wildcat Fire Protection District," and the "White Horse Springs Water and Sanitation District" are all districts organized pursuant to the provisions of Article 5 or Article 6, Chapter 89, Colorado Revised Statutes 1963 and consequently do not possess hospital or related powers. Eight, that the Aspen Valley Hospital District is capable of providing economic and sufficient hospital facilities and service to the area within its proposed boundaries. Nine, that the area to be included within the boundaries of the Aspen Valley Hospital District does have and will continue to have the financial ability to discharge the proposed indebtedness as so indicated in the service plan on a reasonable basis, the proposed indebtedness at this time being estimated to be $2,928,000.00. -3 - Ten, that the Aspen Valley Hospital District is located entirely within one county and the taxable property within the district does consist of 95% of the taxable property within said Pitkin County. Eleven, that the proposed facilities and service standards of the Aspen Valley Hospital District are compatible with the facilities and service standards of adjacent (or included) municipalities and special districts. Twelve, that the description of the boundaries of the District and the description of the territory to be included in the district are as follows: Ail that part of Pitkin County, Colorado, described as follows: beginning at the Northeast corner of Pitkin County; thence Southerly along the Easterly line of Pitkin County (being the line between Pitkin County and Lake County and Pitkin County and Chaffee County) to the Southeasterly corner of Pitkin County; thence Westerly along the Southerly line of Pitkin County (being the line between Pitkin County and Gunnison County) to the intersection with the West line of Section 7, Township 11 South, Range 86 West of the 6th Principal Meridian; thence North along the West line of said Section 7 to the Southeast Corner of Section 1, Township 11 South, Range 87 West of the 6th Principal Meridian, thence Northwesterly to the Northwest Corner of Section 6, Township 10 South, Range 87 West of the 6th Principal Meridian; thence North along the Range line between Ranges 87 and 88 West of the 6th Principal Meridian to the intersection with the North line of Pitkin County (being the line between Pitkin County and Garfield County); thence East along the North Line of Pitkin County (being the line between Pitkin County and Garfield County and Pitkin County and Eagle County) to the Northeast corner of Pitkin County (the point of beginning). NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado: One, the service plan, including supplemental documents, maps and exhibits submitted by the petitioners of the proposed Aspen Valley Hospital District be, and the same hereby is, approved without conditions or modificatiions. Two, the organization of the proposed Aspen Valley Hospital District be, and the same hereby is, approved: Three, all action heretofore taken, not inconsistent with the provisions of this resolution, by the Board of County Commissioners and the officers of the County directed toward the organization of the proposed Aspen Valley Hospital District and the approval of the service plan for said district, be, and the same hereby is, ratified, approved and confirmed. Four, the officers of the County be, and they hereby are, authorized and directed to take all action necessary or appropriate to effectuate the pro- visions of this resolution. -4 - Five, all by-laws, orders and resolutions, or parts of by-laws, orders and resolutions, in conflict with this resolution, are hereby repealed. This repealer shall not be construed to revive any by-law, order or resolution, or part thereof, heretofore repealed. Six, if any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this resolution. Seven, this resolution and order, upon its adoption, shall be made a part of the permanent records of the Board of County Commissioners. Eight, this resolution will promote the general welfare of the inhabi- tants of the County, and that this resolution shall become effective and be in force immediately upon its adoption. THIS THE 5th DAY OF AUGUST 1974 BOARD OF COUNTY COMMISSIONERS ATTEST: Pitkin County Clerk and Recorder Deputy 1- '