RESOLUTION  No.21-2023

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONTEZUMA COUNTY, COLORADO, CREATING A LOCAL
IMPROVEMENT DISTRICT WITHIN THE COUNTY, TO BE
DESIGNATED AS MONTEZUMA COUNTY LOCAL IMPROVEMENT
DISTRTCT NO. 2023-l (UPPER ROAD 42), AUTHORTZING AI\
ELECTION BY THE OWNERS OF THE PROPERTY TO BE ASSESSED
FOR IMPROVEMENTS IN SAID DISTRICT AND ADDITIONAL
PROCEDURES FOR DEVELOPING FINAL PLANS AND FUNDING FOR
THE DISTRICT.

WHEREAS, pursuant to Title 30, Anicle 20, Part 6, Colorado Revised Statutes (the
“Act”), Montezuma County, Colorado (the “County”), acting by and through the Board of
County Commissioners (the “Board”), is authorized to create local improvement districts,
construct certain local improvements, and fund such improvements by assessing the cost thereof
against the property in the local improvement district which is benefited thereby; and

WHEREAS, the Board has determined that it is necessary to create a local improvement
district and to construct, install, complete, and acquire certain local improvements therein, all as
hereinafter described; and
WHEREAS, pursuant to the authority granted by $ 30-20-603(2), C.R.S. and subject to
the final cost and assessment determinations, the Board has held a hearing concerning it intention
to proceed with the creation of a local improvement district following publication and mailing of
notice as required by statute; and

WHEREAS, the Board has determined that, in addition to the requirements of the Act,
pursuantto Article X, Section 20 of the Colorado Constitution, the imposition of assessments in
ih. dirtri”t, the issuance of special assessment bonds or other financial obligations payable from
such assessments, and other matters in connection therewith, shall be subject to electoral
approval in the manner required or permitted by law at the time of such election; and

WHEREAS, final plans, specification, estimates of cost, maps and schedules (“Final
Plans”) willbe prepared by Goff Engineering; and
WHEREAS , a grant is available through the State of Colorado to pay for the final
engineering costs once the local improvement district is formed; and

WHEREAS, the Board has determined that the creation of the district is necessary and

appropriate in order to proceed with holding an election, obtaining grants, and preparing Final
plunr ro a hearing to establish final assessment amounts can be held; and

WHEREAS, the Board shall consider all protests and objections that may be made in
connection with the proposed improvements before ordering the construction thereof.

BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONTEZUMA COUNTY, COLORADO :

Section 1. Notice and Hearing. On September 26,2023, at 9:10 AM a hearing was
held by the Board concerning its intent to create a local improvement district pursuant to the
authority granted by $$ 30-20-601, et seq., C.R.S. The hearing was held after notice by
publication as shown on Exhibit A and notice by mailing as shown on Exhibit B (the “Notices”)
Interested parties were able to provide testimony and comment on the creation of the local
improvement district described in the Notices.

Section 2. Creation of the District. In accordance with $ 30-20-603(2), C.R.S., the
Board does hereby create a local improvement district (the “District”) within the County, to be
known as “Montezuma County Local Improvement District No. 2023-l (Upper Road 42)”, for
the construction, installation, completion, and acquisition of the improvements more particularly
described in Resolution No. l7-2023 adopted August 22,2023 (the “Project”). The final
boundaries of the District shall include the property on Exhibit C, subject to any changes in
boundaries made pursuant to $ 30-20-603(2.5), C.R.S.

Section 3. Election. The Board orders that the issue of authorizing indebtedness in
an amount not to exceed the preliminary cost estimates of $ 1,728,51 I to be repaid solely from
special assessments on property located within the District shall be submitted to the owners of
property within the District at an election on November 7,2023. Laura Rieck, President of the
Upper Road 42 Water Association, Inc. is appointed as the Designated Election Official. All the
costs of the election shall be paid by the Upper Road 42 Water Association, Inc (the
“Association”).

Section 4. District Administrator. Laura Rieck is hereby designated as District
Administrator, with the assistance of the Association, its engineers, attomeys and other
consultants, for the purpose of (i) pursing grants, loans and other funding for the Project; (ii)
coordinating the development of Final Plans with Goff Engineering; (iii) developing an operating
agreement between the District and Mancos Rural Water Co. for connection and future operation
oithe improvements; and (iv) preparing final assessments for the Project to be considered at an
assessment hearing by the Board before assessment are ordered; and (v) such other additional
duties as may be necessary for the successful development of the Project. A11 expenses of the
District Administrator, engineers, attorneys and other consultants shall be paid by the
Association or by grant funding awarded to the District.

Section 5. Repealer; Severability. All resolutions, or parts thereof, in conflict with
the provisions hereof, are hereby repealed to the extent ofsuch inconsistency. Should any one or
moie sections or provisions of this Resolution be judicially determined invalid or unenforceable,
such determination shall not affect, impair, or invalidate the remaining provisions hereof, the
intention being that the various provisions hereof are severable.

Section 6. Recordation. This Resolution, immediately upon its passage, shall be
recorded in the Book of Resolutions of the County kept for that purpose and shall be
authenticated by the signatures of the Chairman of the Board of County Commissioners and the
County Clerk and Recorder or a deputy thereof.