Resolution 2008-44 - Laserfiche WebLink

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area to be serviced by the proposed District; (b) The existing service in the area to be served by the proposed District is inadequate for present and projected needs; (c) The proposed special district is capable of providing economical and sufficient service to the area within its proposed boundaries; (d) The area to be included in the proposed District has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; and (e) The creation of the proposed District will be in the best interests of the area proposed to be served. Section 4. That pursuant to Section 32-1-204.5(1)(c), C.R.S., the City Council hereby imposes the following conditions upon its approval of the Service Plan: (a) The Developer agrees that the City Attorney will be given reasonable notice of all proceedings in the District Court of Boulder County relating to the organization of the District (including notice as described in Section 32-1-304, C.R.S.). (b) Prior to the hearing date set by the District Court of Boulder County pursuant to Section 32-1-304, C.R.S., the District shall fully comply with the provisions of Section 32-1-107(3), C.R.S. with respect to the overlapping of service areas, if and to the extent applicable. The; District's authorization to provide services or facilities within any overlapping area i.s expressly conditioned upon the District first obtaining the written consent of each acid every district whose service area is so overlapped. (c) At its first meeting alter its organizational election, the District shall execute the District intergovernmental agreement and indemnification letter with the City that are required under the `,3ervice Plan and set forth in Exhibit D and Exhibit F thereto, and shall provide the fully executed originals of such documents to the City. If either or both of the above-stated conditions (a) and (b) are not met, the City may file a motion with the District Court of Boulder County requesting that the hearing on the organization of the District be delayed until such conditions are met, and Developer has represented that it will not oppose such motion. Further, if any of the above-stated conditions (a) through (c) are not met, the City may pursue all legal wind equitable remedies available to it for failure of compliance with such conditions of approval. Section 5. That the Service Plan of the proposed Takoda Metropolitan District, as set forth in Exhibit A to this Resolution and dated Revised September 9, 2008, is hereby approved subject to the conditions stated in Section 4 above, in accordance with Section 32-1-204.5(1)(c), C.R.S. 2