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Home My WebLink AboutDissolution of Special DistrictEagle County Clerk & Recorder RECEIVED DISTRICT COURT, EAGLE COUNTY, COLORADO JAN 2 �01� 885 Chambers Avenue P.O. Box 597 PM_ ---"BY Eagle, Colorado 81631 IN THE MATTER OF: TOWER CENTER METROPOLITAN DISTRICT COURT USE ONLY Attorneys for the Division of Local Governments: Case No. 2008CV316 PHILIP J. WEISER, Attorney General EMILY B. BUCKLEY, No. 43002* Assistant Attorney General LINDSEY KNAPTON, No. 52531 Assistant Attorney General Fellow 1300 Broadway, 6"' Floor Denver, CO 80203 Telephone: (720) 508-6157, (720) 508-6189 Email: ernily.buckley@coag_gov lindsey.knapton@coag_gov *Counsel of Record [PROPOSED] ORDER AND CERTIFICATION OF DISSOLUTION OF SPECIAL DISTRICT The Court, having received and considered the Division of Local Government's Declaration of Dissolution and Petition for Order and Certification of Dissolution of Special District and, having either received no objection to the Petition, or finding any objections without merit, hereby finds and orders as follows: The Division of Local Government ("the Division") has declared Tower Center Metropolitan District ("the District") dissolved and filed a Declaration of Dissolution and Petition for Order and Certification of Declaration of Dissolution of Special District pursuant to § 32-1-710(2), C.R.S. Upon review of the Division's Petition and Declaration of Dissolution, the Court finds that the District has failed to demonstrate that it has performed or will proceed to perform its statutory and/or service responsibilities and is therefore found to be inactive. Accordingly, the Court ORDERS that: 1. The division petition is GRANTED and the Division's Declaration of Dissolution is hereby certified. The District's assets, if any, shall be disposed of pursuant to § 32-1-708, C.R.S. 2. The Clerk shall file a certified copy of this Order of Dissolution with the Eagle County Clerk and Recorder and with the Division. Done this day of 32019. BY THE COURT: JUDGE Eagle County Clerk & Recorder RECEIVED Y` ,,: TRICT COURT, EAGLE COUNTY, COLORADO JAN 2 d 7019 885 Chambers Avenue �M P.O. Box 597 Eagle, ,Colorado 81631 IN T14E ! IATTER OF: TOWER CENTER METROPOLITAN DISTRICT COURT USE ONLY Case No. 2008CV316 Attorneys for the Division of Local Governments: PHILIP J. WEISER, Attorney General EMILY BUCKLEY, No. 43002* Assistant Attorney General LINDSEY KNAPTON, No. 52531 Assistant Attorney General Fellow 1300 Broadway, 6°i Floor Denver, CO 80203 Telephone: (720) 508-6403, (720) 508-6189 Email: emily.buckley@coag.gov lindsey.knapton@coag.gov *Counsel of Record PETITION FOR ORDER AND CERTIFICATION OF DISSOLUTION OF SPECIAL DISTRICT COMES NOW the Division of Local Government ("the Division") of the Colorado Department of Local Affairs, by and through the Colorado Attorney General and undersigned counsel, and petitions the Court to certify the Division's Declaration of Dissolution of the Tower Center Metropolitan District. As grounds for this petition, the Division states as follows: 1. The Tower Center Metropolitan District ("the District") is a quasi -municipal corporation and political subdivision organized pursuant to the provisions of Article 1 of Title 32, C.R.S, the "Special District Act." 2. Colorado law requires that Title 32 special districts file certified copies of their annual budgets with the Office of the Division of Local Government of the Department of Local Affairs, conduct and file an annual audit of its financial statements with the state auditor, and hold or properly cancel elections. §§ 29-1-108, 29-1-601 to 608, and 32-1-801 to 835, C.R.S., respectively. 3. The Division has not received a copy of the District's budget or annual audit of its financial statements for the past two consecutive years, nor has the Division received a certification of the District's election results from the most recent regular election. 4. Pursuant to § 32-1-710(2)(a), C.R.S., the Division is authorized to declare a special district dissolved if the district has failed to demonstrate to the Division that the district has performed its statutory or service responsibilities or will proceed to perform such responsibilities. Pursuant to § 32-1-710(2)(b), C.R.S., there is a presumption of such failure if the district has failed to hold or properly cancel an election, no board has been appointed pursuant to § 32-1-905(2.5), C.R.S., and there will be no interruption of services being provided by the district. 5. The Division believes administrative dissolution of the District pursuant to § 32-1-710, C.R.S. is appropriate, because the District has failed to hold or properly cancel an election and has not provided or attempted to provide any of the services or facilities for which the District was organized for two consecutive years and because the District has not responded to the Division's letter informing the District of the Division's intent to dissolve it. 6. Pursuant to § 32-1-710(1), C.R.S., the Division notified the District by first-class certified mail of the Division's intent to certify the District dissolved. Copies of the Notice and certified snail receipt numbered 7018-1130-0000-4053-9527 are attached hereto as Exhibit 1, at pages 4, 6. More than thirty days have passed since the Division notified the District of its intent to certify the District dissolved, during which time the District has not objected and has failed to demonstrate to the Division that the District has performed or will proceed to perform its statutory and/or service responsibilities. 7. The Division has declared the District dissolved. The Division's Declaration of Dissolution is filed with this Court contemporaneously with this Petition as Exhibit 1, at pages 1-3. 8. The Division has provided notice of its application to this Court for certification of the Division's Declaration of Dissolution by sending true and complete copies of this Petition and the Declaration of Dissolution, by first-class U.S. mail to the interested parties listed on the attached Certificate of Service in accordance with § 32-1-710(3), C.R.S. The Division respectfully petitions the Court for certification of the dissolution of the Tower Center Metropolitan District and for an Order disposing of any of the assets of the District in accordance with § 32-1-708, C.R.S. Pursuant to § 32-1-801(3), the Division respectfully requests that the Court "make a determination on the division's declaration within thirty days after the declaration has been submitted." Dated this 18t" day of January, 2019. 2 PHILIP J. WEISER Attorney General s/Emily B. Buckley EMILY B. BUCKLEY* Assistant Attorney General LINDSEY KNAPTON* Assistant Attorney General Fellow Public Officials Unit State Services Section Attorneys for the Colorado Department of Local Affairs, Division of Local Governments *Counsel of Record CERTIFICATE OF SERVICE I hereby certify that on the 18th day of January, 2019, 1 served the foregoing Petition: for Order and Certification of Dissolution of Special District and Declaration of Dissolution to the interested parties herein pursuant to § 32-1-710(3), C.R.S. by causing true and complete copies of saine to be served via Colorado Courts E -Filing or via U.S. mail, first-class postage prepaid at Denver, Colorado, addressed to each of the following: Board of Commissioners Eagle County PO Box 850 500 Broadway Eagle, CO 81631 County Assessor Eagle County PO Box 449 500 Broadway Eagle, CO 81631 County Clerk and Recorder Eagle County PO Box 537 500 Broadway, Suite 101 Eagle, CO 81631 3 Town Council Town of Gypsum 50 Lundgren Boulevard PO Box 130 Gymsum, CO 81637 Bob Noone Tower Center Metropolitan District PO Drawer 39 Glenwood Springs, CO 81602 Tower Center Metropolitan District The Noone Law Firm, PC Bob Noone 1001 Grand Ave, #207 Glenwood Springs, CO 81601 sl Emily B. Buckley DECLARATION OF DISSOLUTION Eaglekxwphh tecorder RECEIVED JAN 2 A 20 By Pursuant to 5 32-1-710, the Director of the Division of Local Government (Tfie---. '---� _ "Division") declares as follows: 1. The Tower Center Metropolitan District (the "District") is a quasi -municipal corporation and political subdivision of the state organized in 2008, pursuant to the provisions of Article 1 of Title 32, C.R.S., the "Special District Act." 2. Colorado law requires the Division to notify a district of the Division's intent to certify a district dissolved if, inter atia, "[t]he district has not provided or attempted to provide any of the services or facilities for which the district was organized for two consecutive years" and "the district has no financial obligations." Subparagraph 32-1- 710(1)(a)(IV) and Paragraph (1)(b), respectively. 3. According to the Division's records and research, the District: • Has failed to hold or properly cancel, pursuant to Article 1 of Title 32, both the May 3, 2016, and the May 8, 2018, regular elections; • Has failed to adopt a budget pursuant to section 29-1-108 C.R.S. for at least two consecutive years; • Has failed to conduct and file an annual audit of its financial statements in compliance with Part 6 of Article 1 of Title 29 for two consecutive years; 4. The Division notified the District of the Division's intent to certify the District dissolved by certified mail, return receipt number 7018-1130-000-4053-9527 on October 23, 2018, to the last available address the District supplied to the Division per requirements of 5 32-1-104(2) and published in the inventory of local government entities maintained pursuant to § 24-32-116 (see Exhibit A and Exhibit B). 5. More than 30 days have passed since the Division notified the District of its intent to certify the District dissolved. 6. The Division received the certified mail return receipt on November 1, 2018 (see Exhibit C). 7. The District has failed to demonstrate to the Division that it has provided or attempted to provide any of the services or facilities for which the District was organized for at least two consecutive years. 8. Based upon review of the most recent available submission of the District's financial statements to the Office of the State Auditor, the District has been found to have no outstanding financial obligations as recognized by the Division. Additionally, the District did not respond to the Division's request within the notice of intent to dissolve. LG1D 66144 Pap I of EXHIBIT 1 9. There has been no evidence provided to the Division which indicates dissolution of the District will result in interruption of services to the area encompassed by the District. Therefore, according to the authority of the Division of Local Government to dissolve special districts by administrative action pursuant § 32-1-710, C.R.S., the Division hereby declares -Name- to be dissolved. Furthermore, the Division hereby requests that the Colorado Attorney General file a Petition for Order and Certification of Dissolution of Tower Center Metropolitan District with the District Court, Eagle County, Colorado; and if the Court determines the District to be qualified for administrative dissolution as required by law, the Court enter an Order and Certification of Dissolution dissolving the District and direct said Order and Certification of Dissolution be filed by the Clerk of the Court with the county or counties in which the District is located and with the Division in accordance with § 32-1#707(5) C.R.S. Dated this Tuesday, December 11, 2018 Id Chantal Unfug, Director Division of Local Government Colorado Department of Local Affairs LGiD 66144 Page 2 of 3 EXHIBIT 1 CERTIFICATE OF SERVICE I hereby certify that on the day of December 11, 2018, 1 served the within DECLARATION OF DISSOLUTION to the parties herein by depositing a true and complete copy of same in the United States mail, first-class postage prepaid at Denver, Colorado, addressed to each of the following: Board of Commissioners Eagle County PO Box 850 500 Broadway Eagle, CO 81631 County Assessor Eagle County P.O. Box 449 500 Broadway Eagle, CO 81631 County Clerk and Recorder Eagle County P.O. Box 537 500 Broadway, Suite 101 Eagle, CO 81631 ?77. Joe McConn ll Local Gover ent Services Division of Local Government Department of Local Affairs Town Council Town of Gypsum 50 Lundgren Boulevard PO BOX 130 Gypsum, CO 81637 Bob Noone Tower Center Metro. District PO Drawer 39 Glenwood Springs, CO 81602 LGID 66141 Page 3 of 3 .G1i1111J_L L 1-i COLORADO Department of Local Affairs Division of Lc Cal GC;tr>�nrtt�,a, October 23, 2018, Bob Noone PO Drawer 39 Glenwood Springs, CO 81602 Mr. Noone/to whom it may concern, This notice concerns Tower Center Metropolitan District, LGID No. 66144. EXHIBIT I In accordance with Colorado Revised Statute 32-1-710, the Division of Local Government (the "Division") is notifying the District of its intent to declare Tower Center Metropolitan District (the "District") dissolved. Based upon the information available to the Division, it appears: • The District did not hold or properly cancel the May 3, 2016, regular election • The District did not hold or properly cancel the May 8, 2018, regular election • The District has no outstanding financial obligations • The District does not provide services If any of the information in this correspondence is incorrect, please contact the Division no later than thirty (30) days from receipt of this certified notice. Following this period, the Division will make a Declaration of Dissolution and move to request an order of dissolution from the applicable district court. Sincerely, Joe McConnell Division of Local Government Cc: Eagle County BOCC, Town of Gypsum Town Council, Greg Winkler (Division) Governor John W. Hickenlooper Iry Halter, Executive Director I Chantal Unfug, Division Director 1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.gov ( * til ;• Strengthening Colorado Communities G ID ' s� aStat[lS (Active TypeeF'>ei oolitan Uistrivts (32- EXHIBI.TI_�-� � 1-10Li +lane Tmer Centel- I Ietropolitan District Duplir_ate Nartle Basic I Boundary] Budget Contact 1 County CTF I Director I Election Finance 1 Service Subdist. Tracking Docs Sync. Address? - Updated On 01-04-16 07-39 1' ontact TypeTfficial DLG Contact Certified Updated By HSEI',l1ONES Dame IIV'r !bob INoone I Title attorney Mailing Address P_T_ Drawer 39 Copyto`Clipboard Alt. Address hailing City State ZIPII it nor ;o Springs CC7 81602 Work Phone 970-946-4500 Fax 970-945-6570 Email Address 'rnoane a�noonelaw-corn User I EF661�TX-5it sslgn T' Contact#F-11 of F-11 Exhibit B E -X 13jiTt 1 C - COMPitems 1, 2, artd �. ................. 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