HomeMy WebLinkAboutNotice of Return to Active Status 10-31-19ICENOGLE SEAVER POGUE
VIA CERTIFIED MAIL
Board of County Commissioners
Eagle County Colorado
P.O. Box 850
500 Broadway
Eagle, Colorado 81631-0850
Eagle County Treasurer
500 Broadway, Suite 106
P.O. Box 479
Eagle, Colorado 81631
Eagle County Assessor
P.O. Box 449
Eagle, Colorado 81631
Eagle County Clerk & Recorder
P.O. Box 537
Eagle, Colorado 81631
October 31, 2019
Town Council, Town of Gypsum
50 Lundgren Boulevard
P.O. Box 130
Gypsum, CO 81637
Division of Local Government
1313 Sherman Street, Room 521
Denver, Colorado 80203
(via e -filing portal)
Office of the State Auditor
State Services Building
1525 Sherman Street, 7`h Floor
Denver, Colorado 80203-1700
Re: Tower Center Metropolitan District Notice of Return to Active Status
To Whom It May Concern:
Please find enclosed for your records a Notice of Return to Active Status, pursuant to Section
32-1-104(3)(b), C.R.S., for the Tower Center Metropolitan District. A copy of the resolution of the
Board of Directors directing the District's return to active status is also enclosed herewith.
office.
If you have any questions or require further information, please do not hesitate to contact our
Sincerely,
ICENOGLE SEAVER POGUE
A Professional Corporat' n
St cie L. Pacheco .
Pa legal
Enclosure
cc: Division of Local Government (via e -filing portal)
Stacie L. Pacheco I SPacheco@isp-law.com Direct 303.867.3000
4725 S. Monaco St., Suite 360 Denver, CO 80237 1 303.292.9100 i fax 303.292.9101 I www.isp-law com
FC*DOO LA
of the
2
COLORADO
Department of Local Affairs
Division of Local Government
Title 32, Article 1 Special District Notice of Return to Active Status
NOTICE IS HEREBY GIVEN by the Board of Directors
TOWER CENTER METROPLITAN
TOWN OF GYPSUM, EAGLE
District 66144 (LGID)
County, Colorado
pursuant to subsection 32-1-104(3)(b) C.R.S., the District is no longer an Inactive Special District.
The District's Board of Directors adopted a resolution (attached) declaring the
return to Active Status at a public meeting held:
09/30/2019
NOTICE IS FURTHER GIVEN, pursuant to subsection 32-1-104(3)(b) C.R.S., the Board of
Directors shall cause the District to be brought into compliance for the remainder of the fiscal year
in which the District returns to Active Status with all legal requirements for which the District has
otherwise been exempt while on Inactive Status. The District as of the signing of this statement
and the attached resolution is in compliance with the provision of 32-1-104 (3)(d) and the District
shall be in compliance with the exempted requirements specified under 32-1-104(5) C.R.S. within
ninety days of delivery of this notice.
District Contact Person : Alan D. Pogue Phone: 303-292-9100
Contact Signature:
Contact Email Address
District Address:
Address (cont.).
Address City/State/Zip:
W.com
4725 S. Monaco St., Ste. 360
Denver. CO 80237
Date: 10/31/2019
Elected or Term Exp.
Directors Appointed Yr.
1. Board Chair: Kenneth J. Marchetti 6/05/201 2020
2. Director: Kathy Lewensten 6/05/201 2020
3. Director: Debbie Braucht 6/05/2019 2020
4. Director:
5. Director:
6. Director:
7. Director:
Generally, per C.R.S. 32-1-103(5), Inactive Special Districts shall be exempt from compliance with the provisions of:
• 32-1-104(2) - Annual January 15'h Contact Filing; • Title 29, Art 1, Part 1 - List of Contracts
• 32-1-306 -Annual January 1st Map Filing • Title 29, Art 1, Part 1 - Audit Law
• 32-1-809 - Annual January 15th Notice to Electors • Title 39, Art 1, Part 1 - Notices of Boundary Change, Intent to Levy
• 32-1-903 - Meetings . Title 39, Art 5, Part 1 - Annual Mill Levy Certification
• Title 29, Art 1, Part 1 - Budget Law
PROCEDERALINSTRUCTIONS
As directed in 32-1-104(3)(b) C.R.S., by Certified Mail, Return Receipt Requested except where electronic filing is required by the
receiving entity, file this Notice of Return to Active Status and a copy of the resolution adopted pursuant to 32-1-104(3)(a) C.R.S. with:
• the Board of County Commissioners and the City Council/Town Board of each county and municipality that approved the District's
service plan pursuant to section 32-1-204 or 32-1-204.5 C.R.S.;
• the Treasurer, Assessor, and the Clerk and Recorder of the county(ies) in which the District is located;
• the district court having jurisdiction over the formation of the special district;
• the Office of the State Auditor, and
• the Division of Local Government ELECTRONIC FILING REQUIRED —www.dola.colorado.gov/e-filin —
Governor John W. Hickenlooper I 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
Strengthening Colorado Communities
RESOLUTION OF
THE BOARD OF DIRECTORS OF
TOWER CENTER METROPOLITAN DISTRICT
CONCERNING RETURN TO ACTIVE STATUS
At a special meeting of the Board of Directors of Tower Center Metropolitan District,
Eagle County, Colorado, held at 2:00 p.m. on the 301h day of September, 2019, at the office of
Marchetti and Weaver, LLC, 28 Second Street, Suite 213, Edwards, Colorado, a quorum was
present and the following resolution was adopted by the Board of Directors (the "Board") for
Tower Center Metropolitan District (the "District"):
WHEREAS, the District was organized as a special district by order of the District Court
for Eagle County, Colorado, dated December 8, 2008 and recorded in the Office of the Eagle
County Clerk and Recorder on February 13, 2009 at Reception Number 200902467; and
WHEREAS, in accordance with Section 32-1-104(3)(a), C.R.S., the Board adopted a
resolution, dated September 28, 2010, describing and affirming the District's qualifications for
inactive status and directing the filing of notices of inactive status and continued inactive status;
and
WHEREAS, on September 28, 2010, the Board submitted a Notice of Inactive Status to
the Colorado Division of Local Government and each of the entities required by Section 32-1-
104(3)(a), C.R.S. declaring the District to be inactive effective September 28, 2010; and
WHEREAS, the Board has detennined that it would be in the best interest of the District
for the District to return to active status.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF TOWER CENTER
METROPOLITAN DISTRICT HEREBY RESOLVES AS FOLLOWS:
The Board hereby declares that the District shall be returned to active status
pursuant to Section 32-1-104(3)(6), C.R.S., effective September 30, 2019.
2. The Board approves and ratifies legal counsel's recording, on behalf of the
District, a special district public disclosure document and map of the District's
boundaries with the Eagle County Clerk and Recorder, such disclosure document
to contain certain information about the District as set forth in Section 32-1-
104.8(1), C.R.S.
3. The Board hereby authorizes legal counsel to file, on behalf of the District, a
"Notice of Return to Active Status" with the Town of Gypsum Town Council, the
Eagle County Board of County Commissioners, the Eagle County Treasurer,
Eagle County Assessor, the Eagle County Clerk and Recorder, the District Court
in and for the County of Eagle, Colorado, the State Auditor, and the Colorado
Division of Local Government (the "Division").
4, The Board shall cause the District to be brought into compliance with the
following legal requirements within ninety (90) days of delivery of the District's
Notice of Return to Active Status to those entities set forth in Paragraph 3 of this
Resolution:
a. Pursuant to Section 32-1-306, C.R.S., the Board directs the consultants for
the District to prepare an accurate snap of the District pursuant to the
requirements set forth by the Division, and to file said map with the Eagle
County Clerk and Recorder and Assessor, and with the Division.
b. The Board directs legal counsel to (1) provide notice to the eligible
electors of the District in the manner described in Section 32-1-809(2),
C.R.S., such notice to contain certain information about the District as set
forth in Section 32-1-809(1), C.R.S; and (2) pursuant to Section 32-1-
104(2), C.R.S., provide copies of that notice to the Eagle County Board of
County Commissioners, the Town of Gypsum Town Council, the Eagle
County Assessor, Eagle County Treasurer, and Eagle County Clerk and
Recorder, and the Division. A copy of the notice shall be also made
available for public inspection at the principal business office of the
District.
C. The Board hereby directs the District's legal counsel to prepare a meeting
resolution designating the time and location of regular meetings of the
Board and establishing a posting location for notice of regular and special
meetings in accordance with Section 32-1-903, C.R.S.
d. The Board hereby directs the District's accountant to submit budgets for
fiscal years 2013, 2014, 2015, 2016, 2017, 2018, and 2019 to the Board; to
schedule a public hearing on the proposed budgets; to prepare a final
budget, budget resolutions, and amendments to the budget if necessary,
and to file the approved budgets and amendments thereto with the proper
govenmiental entities in accordance with Sections 29-1-101 et seq., C.R.S.
("Local Government Budget Law of Colorado").
e. The Board hereby authorizes the District's accountant to prepare and file
an audit exemption and Resolution for approval of audit exemption with
the State Auditor for fiscal years 2013-2018.
f. The Board hereby directs the District's legal counsel to submit notice of
the District's intent to levy a tax in fiscal year 2020 to the Eagle County
Board of County Commissioners and the Eagle County Assessor,
including therewith a legal description and map of the District's
boundaries in accordance with Section 39-1-110(1), C.R.S.
5. Pursuant to the Local Government Budget Law of Colorado, the District is
required to hold a public hearing on a proposed budget for the subsequent fiscal
year, certify a mill levy, and file the approved budget and any amendments with
the proper governmental entities. The Board hereby directs the District's
accountant to submit a proposed budget for fiscal year 2020 to the Board by
October 15; to schedule a public hearing on the proposed budget; to prepare a
final budget, budget resolutions, including certification of mill levies, and
amendments to the budget if necessary; to certify the mill levies approved by the
Board on or before December 15 pursuant to Section 39-5-128(1), C.R.S.; and to
file the approved budgets and amendments thereto with the proper governmental
entities in accordance with the Local Government Budget Law of Colorado.
6. Pursuant to Section 29-1-604, C.R.S., the District may submit for approval to the
State Auditor, by March 31 of each year, an audit exemption for the District's
prior fiscal year, unless an annual audit of the financial statements of the District
for the prior fiscal year is conducted. The Board shall ensure that an audit
exemption is filed with the State Auditor for fiscal year 2019 prior to March 31,
2020, unless an annual audit of the District's financial statements for fiscal year
2019 is conducted. A copy of any such audit shall be submitted to the State
Auditor no later than June 30, 2020, in accordance with Section 29-1-606(1)(a),
C.R.S.
7. Pursuant to Section 39-1-110(1.5) & (1.8), C.R.S., the Board shall not levy a tax
in 2020 against any property included or excluded in the District during calendar
year 2020.
8. The Board hereby ratifies and affirms all actions taken by the District and its
consultants to return the District to active status.
9. This Resolution shall take effect on the date and at the time of its adoption.
[The remainder of this page is intentionally left blank.]
ADOPTED AND APPROVED THIS 30TH DAY OF SEPTEMBER, 2019.
TOWER CENTER METROPOLITAN
DISTRICT
�Y
By: nneth Marchetti
Its: President
ATTEST:
By: Kath L wensten
Its: Secretary
' &,Zetary of the Board of Directors of Tower Center
Metropolitan District, do hereby certify that the annexed and foregoing Resolution is a true copy
from the Records of the proceedings of the Board of said District, on file with the law firm of
Icenogle Seaver Pogue, P.C., general counsel to the District.
IN WITNESS WHEREOF, I have hereunto set my hand at Eagle County, Colorado, this
30 day of September, 2019.
)R Q 1zQzz-'
By: Kathy,Lewensten
Its: Secretary
InW
