TC Res. No. 2010-29 Town council of the town of avon consenting to the dissolution of hte gates metropolitan districtTOWN OF AVON, COLORADO
RESOLUTION NO. 10 -29
SERIES OF 2010
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF AVON
CONSENTING TO THE DISSOLUTION
OF THE GATES METROPOLITAN DISTRICT
WHEREAS, the Board of Directors of The Gates Metropolitan District (the "District ") has
determined that it is in the best interest of the District to dissolve pursuant to Section 32 -1- 701(1)
C.R.S., as evidenced by that certain Resolution No. 2010 -10 -1 of the District, dated October 6,
2010; and
WHEREAS, the District intends to file a petition for dissolution with the District Court of
the County of Eagle, Colorado (the "Court"); and
WHEREAS, the District lies wholly within the corporate limits of the Town of Avon (the
"Town "); and
WHEREAS, the District can process its dissolution without an election if it secures the
consent of the Town to the dissolution; and
WHEREAS, the District has never imposed a mill levy, has never constructed any
improvements, and has no outstanding financial obligations; and
WHEREAS, the District's plan for dissolution will not place a financial burden on the Town
or any other entity because the District (i) has no financial obligations or outstanding bonds, and
shall so certify in the District's petition for dissolution, and (ii) has no assets to transfer and does
not provide any services.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. That pursuant to §32- 1- 704(3)(b) C.R.S., the Town Council hereby consents to
the dissolution of the District.
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Ronald C. Wolfe, MayoV
ATTEST:
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100185618.DOC v:2}
TOWN OF AVON, COLORADO
RESOLUTION NO. 10 -29
SERIES OF 2010
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF AVON
CONSENTING TO THE DISSOLUTION
OF THE GATES METROPOLITAN DISTRICT
WHEREAS, the Board of Directors of The Gates Metropolitan District (the "District ") has
determined that it is in the best interest of the District to dissolve pursuant to Section 32 -1- 701(1)
C.R.S., as evidenced by that certain Resolution No. 2010 -10 -1 of the District, dated October 6,
2010; and
WHEREAS, the District intends to file a petition for dissolution with the District Court of
the County of Eagle, Colorado (the "Court"); and
WHEREAS, the District lies wholly within the corporate limits of the Town of Avon (the
"Town "); and
WHEREAS, the District can process its dissolution without an election if it secures the
consent of the Town to the dissolution; and
WHEREAS, the District has never imposed a mill levy, has never constructed any
improvements, and has no outstanding financial obligations; and
WHEREAS, the District's plan for dissolution will not place a financial burden on the Town
or any other entity because the District (i) has no financial obligations or outstanding bonds, and
shall so certify in the District's petition for dissolution, and (ii) has no assets to transfer and does
not provide any services.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. That pursuant to §32- 1- 704(3)(b) C.R.S., the Town Council hereby consents to
the dissolution of the District.
ADOPTED November 23, 2010.
ATTEST:
P
(00185618.DOC v:2)
OF A
;SE L.:
�OOLO?k
Ronald C. Wolfe, Mayor
APPROVED AS TO FORM:
Eric Heil, Town Attorney
HEIL LAW
& PLANNING, LLC
• MEMORANDUM
TO: Honorable Mayor Wolfe and Town Council members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
DATE: November 18, 2010
SUBJECT: Gates Metropolitan District Dissolution
Summary: The Town received a request from the Gates Metropolitan District for the
Town Council to approve dissolution of the District. The statutory process allows the
Town Council to dissolve a metropolitan district by resolution if there is no debt
outstanding with the district.
Planning Issues: As stated in the Resolution, the District has never imposed a mill
levy, has never constructed any improvements, and does not have any outstanding
debt. The Gates project is currently being restructured and does not require the use of
a metropolitan district for financing and maintenance of the PUD project.
Public Notice: A notice of the public hearing was posted and published in the Eagle
• Enterprise 30 days prior to this meeting to provide an opportunity for any person
asserting claims against the District to provide comments prior to dissolution. No
comments were received by the Town of Avon at the time of preparing this
memorandum.
Town Liability: The Avon Town Council does not have any risk of assuming or
inheriting any outstanding claims against the District (if any were to exist) on the basis
of consenting to dissolution.
Attachments: Included with the Resolution is a Resolution of the Board of Directors of
the Gates Metropolitan District and a letter from MaryAnn McGeady who represents the
Gates Metropolitan District and requested the Town's consent to dissolution.
Requested Action: Conduct a public hearing and consider adoption of the Resolution
consenting to dissolution of the Gates Metropolitan District.
Thanks, Eric
Heil Law & Planning, «C
2696 S. Colorado Blvd., Suite 550
Denver, CO 80222
Eric Heil, Esq., A.I.C.P.
Tel: 303.975.6120
ericheillaw@gmail.com
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November 19, 2010
VIA EMAIL
Town Council
Town of Avon
Avon Town Hall
One Lake Street
Avon, Colorado 81620
M°Geady Sisneros P.C.
450 E. 1711, Avenue, Suite 400
Denver, Colorado 80203 -1214
303.592.4380 tel 303.592.438
www.mcgeadysisneros.com
Re: Request for the Town Council's Approval and Adoption of a Resolution Consenting to the
Dissolution of The Gates Metropolitan District
Dear Town Council Members: •
We have been engaged by The Gates Metropolitan District (the "District ") to serve as legal counsel for
the purposes of processing the dissolution of the District. The purpose of this letter is to set forth certain
pertinent factual details concerning the District and to request that the Town Council approve and adopt a
resolution consenting to the dissolution of the District.
The District has directed that this request be presented to the Town Council. As required by applicable
Colorado law, by that certain Resolution No. 2010 -10 -1, dated October 6, 2010 (a copy of which is
enclosed with this letter), the Board of Directors of the District, after making certain findings in support
of its resolution, resolved that it is in the best interests of the District that the District be dissolved
pursuant to Colorado law.
The District was formed following the Town Council's approval of the District's Service Plan on August
28, 2007. Since its formation, however, the District has not issued any bonds, imposed a mill levy or
imposed or assessed any other fees or assessments. The District has never, nor does it currently, provide
any services. Further, as evidenced by the Affidavit of Accountant enclosed with this letter, the District
has no outstanding financial obligations.
Because the District (1) does not provide any services, (2) has not issued any bonds, and (3) has no
outstanding financial obligations, we submit that the dissolution of the District will not place any burdens
upon the Town of Avon or any other governmental or quasi - governmental entity.
We respectfully request that the Town Council of the Town of Avon approve and adopt a resolution
consenting to the dissolution of the District. •
1 001 8795 8.DnC v:l 1
Town Council
Town of Avon
November 19, 2010
Page 2
•
•
•
Enclosures
cc: Eric Heil, Town Attorney
(001R795R.DOC v:l )
Very truly yours,
MCGEADY SISNEROS, P.C.
Y \&A% CLA— 1N A ( Oe G V
MaryAnn M. McGeady
ti
RESOLUTION NO. 201.0 -10 -01
RESOLUTION OF THE GATES METROPOI.�ITAN DISTRICT CONSENTING; TO
AND AUTHORIZING DISSOLUTION •
WHEREAS, 'I`he Gates Metropolitan District (the "District "), a quasi - municipal
corporation and political subdivision of the State of Colorado, operates pursuant to its Service
Plan, which was approved by the Town Council of the 'Town of Avon, State of Colorado, on
August 28, 2007; and
WHEREAS, fart 7 of the Special District Act, Title 32, Article 1, C.R.S., permits the
dissolution of a special district when a majority of the members of the board of directors of the
special district deems it to be in the best interest of the district that such district be dissolved.; and
WHEREAS, the District's Board of Directors (the "Board ") has determined that it is in
the best interests of the .District that the District be dissolved; and
WHEREAS, the Board desires to make certain findings with respect to the dissolution of
the District.
NOW, THEREFORI BE IT RESOLVED by the Board of Directors of The Gates
Metropolitan District as follows:
The Board hereby determines that it is in the best interest of the District that the
District be dissolved.
2. The District has no outstanding financial obligations. •
The District has not issued any bonds and has no outstanding debt.
4. 'Fhe District currently does not provide any services; therefore, no services shall
be continued..
5. The members of the Board shall continue in office only so long as is necessary to
take any further actions required to dissolve the District and thereafter shall not continue in
office.
6. All. prior Resolutions, or any parts thereof, to the extent that they are inconsistent
with this Resolution, are hereby rescinded.
7. This Resolution shall be in full force and effect immediately upon adoption and
passage by the Board.
•
( 00185566. DOC v:1)
• ADOPTED AND PASSED this 64% day of C d 2i' 2010.
TILE GATES METROPOLITAN DISTRICT
•
2
B _
Zichard MacCutcheon
The Affiant is Diane Wheeler of Simmons & Wheeler, P.C,, 8005 S. Chester Street, Suite
�y
C7
150, Centennial, CO 80112.
Simmons & Wheeler, P.C. has been retained by The Gates Metropolitan District (the •
"District ") to compile the financial statements of the District.
The Affiant. is licensed by the State of Colorado as a Certified Public Accountant.
The Affiant states that, based upon Diane Wheeler's review of accounting records of the
District, and as a representative of Simmons & Wheeler, P.C., the District has no financial
obligations or outstanding bonds.
Further Affiant sayeth naught.
[SIGNATURE PAGE FOLLOWS]
(00185590.UOC v:1)
fl
u
DISTRICT COURT, COUNTY OF EAGLE, STATE OF
COLORADO
Eagle County Justice Center
` 885 Chambers Avenue
Eagle, CO 81631
Tele hone No. 970 -328 -6373
PETITIONER: IN RE THE GATES METROPOLITAN
DISTRICT
A COURT USE ONLY
MaryAnn M. McGeady
Case Number:
McGEADY SISNEROS, P.C.
450 E. 17'h Ave., Suite 400
Denver, Colorado 80203 -1214
Phone: (303) 592 -4380
Div.: Ctrm.:
Fax: (303) 592 -4385
E- mail: mmegeady @mcgeadysisneros.com
Atty. Reg. #: 12417
L AFFIDAVIT OF ACCOUNTANT
The Affiant is Diane Wheeler of Simmons & Wheeler, P.C,, 8005 S. Chester Street, Suite
�y
C7
150, Centennial, CO 80112.
Simmons & Wheeler, P.C. has been retained by The Gates Metropolitan District (the •
"District ") to compile the financial statements of the District.
The Affiant. is licensed by the State of Colorado as a Certified Public Accountant.
The Affiant states that, based upon Diane Wheeler's review of accounting records of the
District, and as a representative of Simmons & Wheeler, P.C., the District has no financial
obligations or outstanding bonds.
Further Affiant sayeth naught.
[SIGNATURE PAGE FOLLOWS]
(00185590.UOC v:1)
fl
u
•
40
[SIGNATURE PAGE TO AFFIDAVIT OF ACCOUNTANT)
STATE OF COLORADO
COUNTY OF
AFFIANT:
61."' wLl'
Diane Wheeler
ss.
)
Subscribed and sworn to before me by Diane Wheeler. of Simmons & Wheeler, P.C. on
this S day of _NOOQYIB&1L , 2010.
Witness my hand and official seal.
My commission expires: Zn13
MARIE MARSALISI
NOTARY PUBLIC Notary Public
STATE OF COLORADO A (C 3L( 6 2
G1,000-Op, 00
00 185590. DOC v: I)
TOWN OF AVON, COLORADO
RESOLUTION NO. 10 -29
SERIES OF 2010
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF AVON
CONSENTING TO THE DISSOLUTION
OF THE GATES METROPOLITAN DISTRICT
WHEREAS, the Board of Directors of The Gates Metropolitan District (the "District ") has
determined that it is in the best interest of the District to dissolve pursuant to Section 32 -1- 701(1)
C.R.S., as evidenced by that certain Resolution No. 2010 -10 -1 of the District, dated October 6,
2010; and
WHEREAS, the District intends to file a petition for dissolution with the District Court of
the County of Eagle, Colorado (the "Court"); and
WHEREAS, the District lies wholly within the corporate limits of the Town of Avon (the
"Town "); and
WHEREAS, the District can process its dissolution without an election if it secures the
consent of the Town to the dissolution; and
WHEREAS, the District has never imposed a mill levy, has never constructed any
improvements, and has no outstanding financial obligations; and
WHEREAS, the District's plan for dissolution will not place a financial burden on the Town
or any other entity because the District (i) has no financial obligations or outstanding bonds, and
shall so certify in the District's petition for dissolution, and (ii) has no assets to transfer and does
not provide any services.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. That pursuant to §32- 1- 704(3)(b) C.R.S., the Town Council hereby consents to
the dissolution of the District.
ADOPTED November 23, 2010.
ATTEST:
Patty McKenny, Town Clerk
{00185618.DOC v:2}
Ronald C. Wolfe, Mayor
APPROVED AS TO FORM:
Eric Heil, Town Attorney
•
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