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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. VIZII1 X"I 0 0. f✓ vV Ronald C. Wolfe, MayoV ATTEST: c���RADO 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 e V WON �•:-K TJr�>Tr'�Cii�..1t.�2.::fi ^i �`•"1'M<Y�Y•eY4i`:r�: _ _ 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 • • •