HomeMy WebLinkAboutDLG Notification of Dissolution of ECA 04-26-18From:Vigil - DOLA, Margaret To:Cissy Olson Subject:Re: Edwards Community Authority IGA Date:Thursday, April 26, 2018 12:23:20 PM Good afternoon, Cissy I am happy to report that the Division of Local Government has marked the Edwards Community Authority as dissolved in our database. If you have any questions, please contact me. Maggie Vigil On Wed, Apr 18, 2018 at 4:28 PM, Cissy Olson <Cissy@mwcpaa.com> wrote: Hi Maggie, I’ve attached a letter (see attachment) from the ECA administrator per your request. Please let me know that you’ve received this attachment. Thank you, Cissy Cissy Olson Marchetti & Weaver, LLC 28 Second Street, Suite 213 Edwards, CO 81632 Phone: 970-926-6060 ext 2 Fax: 970-926-6040 Email: cissy@mwcpaa.com From: Vigil - DOLA, Margaret <margaret.vigil@state.co.us> Sent: Monday, April 9, 2018 10:26 AM To: Cissy Olson <Cissy@mwcpaa.com> Subject: Re: Edwards Community Authority IGA Hello Cissy, After speaking with my supervisor, would you please provide to the Division of Local Government a letter from the ECA administrator stating that the Edwards Community Authority has dissolved by a vote of the participants at the April 13, 2016 meeting? We are planning to attach this letter to the minutes so that we may mark this entity as dissolved. If you have any questions, please contact me. Maggie Vigil On Mon, Apr 2, 2018 at 2:05 PM, Cissy Olson <Cissy@mwcpaa.com> wrote: Hi Maggie, Thank you for getting back to me. We’ll wait to hear what your supervisor says. Cissy Cissy Olson Marchetti & Weaver, LLC 28 Second Street, Suite 213 Edwards, CO 81632 Phone: 970-926-6060 ext 2 Fax: 970-926-6040 Email: cissy@mwcpaa.com From: Vigil - DOLA, Margaret <margaret.vigil@state.co.us> Sent: Monday, April 2, 2018 2:03 PM To: Cissy Olson <Cissy@mwcpaa.com> Subject: Re: Edwards Community Authority IGA Hello Cissy, I am trying to meet with my supervisor to see if these documents will be sufficient; however, are schedules have not been coinciding. I will keep you informed. Maggie On Fri, Mar 16, 2018 at 12:17 PM, Cissy Olson <Cissy@mwcpaa.com> wrote: Hi Maggie, Please see page 3 of the attached September 9, 2015 minutes when all Board members were present. The resolution documents that all 5 Board members were in agreement to not levy an assessment for 2016 and to continue meeting until May 2016 until Edwards passes a sales tax. The Board could not come to an agreement to create an overlapping district made up of all 5 districts, therefore Edwards took the lead to pass a sales tax within its own boundaries for the purpose of financing, constructing, operating and maintaining streets, transportation, landscaping and safety protection. Will this documentation assist with the dissolution process? Cissy Cissy Olson Marchetti & Weaver, LLC 28 Second Street, Suite 213 Edwards, CO 81632 Phone: 970-926-6060 ext 2 Fax: 970-926-6040 Email: cissy@mwcpaa.com From: Vigil - DOLA, Margaret <margaret.vigil@state.co.us> Sent: Friday, March 16, 2018 8:04 AM To: Cissy Olson <Cissy@mwcpaa.com> Subject: Re: Edwards Community Authority IGA Good morning, Cissy First of all the Intergovernmental Agreement stated in #14 that "The Authority may be dissolved upon the unanimous written consent of all Participants then participating." Lake Creek Metropolitan District and Arrowhead Metropolitan District were not even at the meeting on April 13, 2016. The Board of Directors for each District would need to pass a resolution stating they no longer want to be a participant in the Edwards Community Authority. Therefore, there would need to be a resolution from each Board of Directors for Edwards Metropolitan District, Berry Creek Metropolitan District, Lake Creek Metropolitan District, Cordillera Metropolitan District, and Arrowhead Metropolitan District. If you have any further questions, please contact me. Maggie Vigil On Thu, Mar 15, 2018 at 10:47 AM, Cissy Olson <Cissy@mwcpaa.com> wrote: Hi Maggie, Since the ECA Board of Directors are no longer meeting , there is no way to get written consent from all the participants to dissolve ECA. The following is an excerpt from the April 13, 2016 minutes I forwarded to you “After further discussion the Board agreed to distribute all remaining operating funds proportionately to the ECA Participants that contributed the funds and to wind up the affairs of ECA as a formal organization. Future activity will be conducted without a budget or any funding source with the member entities functioning as an informal political action committee when necessary. “ All remaining funds to the participants were distributed in 2016 so there is no budget to file. What else can be done about dissolving the Edwards Community Authority? Cissy Cissy Olson Marchetti & Weaver, LLC 28 Second Street, Suite 213 Edwards, CO 81632 Phone: 970-926-6060 ext 2 Fax: 970-926-6040 Email: cissy@mwcpaa.com From: Vigil - DOLA, Margaret <margaret.vigil@state.co.us> Sent: Wednesday, March 14, 2018 11:49 AM To: Cissy Olson <Cissy@mwcpaa.com> Subject: Re: Edwards Community Authority IGA Hello Cissy, According the Intergovernmental Agreement establishing the Authority, the following needs to happen: 14. Dissolution of Authority. The Authority may be dissolved upon the unanimous written consent of all Participants then participating. In the event the Participants dissolve the Authority, the Participants shall distribute the property and benefits of the Authority, following payment of Authority obligations, to the Participants on a pro rata basis based upon each Participant's historical contribution to the Authority's Projects pursuant to Paragraph 11 ofthis Agreement. If no contributions have been made to Authority Projects at the time of dissolution, such distribution shall be made according to the relative aggregate assessments paid by the then participating Participants over the life of this Agreement. Therefore, the Division of Local Government would need a copy of the written consent to dissolve of all the participants participating in the Authority. Maggie Vigil On Wed, Mar 14, 2018 at 10:44 AM, Cissy Olson <Cissy@mwcpaa.com> wrote: Hi Maggie, Per our conversation I’ve attached the ECA IGA and a copy of the minutes (see page 2) referring to the future of ECA. Please don’t start the process of dissolving ECA until we understand what it will involve. Thank you, Cissy Cissy Olson Marchetti & Weaver, LLC 28 Second Street, Suite 213 Edwards, CO 81632 Phone: 970-926-6060 ext 2 Fax: 970-926-6040 Email: cissy@mwcpaa.com -- Margaret Vigil General Professional III Error! Filename not specified. P 303.864.7738 | F 303.864.7759 1313 Sherman Street, Room 521, Denver, CO 80203 margaret.vigil@state.co.us | www.colorado.gov/dola Under the Colorado Open Records Act (CORA), all messages sent by or to me on this state-owned e-mail account may be subject to public disclosure. -- Margaret Vigil General Professional III Error! Filename not specified. P 303.864.7738 | F 303.864.7759 1313 Sherman Street, Room 521, Denver, CO 80203 margaret.vigil@state.co.us | www.colorado.gov/dola Under the Colorado Open Records Act (CORA), all messages sent by or to me on this state-owned e-mail account may be subject to public disclosure. -- Margaret Vigil General Professional III Image removed by sender. P 303.864.7738 | F 303.864.7759 1313 Sherman Street, Room 521, Denver, CO 80203 margaret.vigil@state.co.us | www.colorado.gov/dola Under the Colorado Open Records Act (CORA), all messages sent by or to me on this state-owned e-mail account may be subject to public disclosure. -- Margaret Vigil General Professional III P 303.864.7738 | F 303.864.7759 1313 Sherman Street, Room 521, Denver, CO 80203 margaret.vigil@state.co.us | www.colorado.gov/dola Under the Colorado Open Records Act (CORA), all messages sent by or to me on this state-owned e-mail account may be subject to public disclosure. -- Margaret Vigil General Professional III P 303.864.7738 | F 303.864.7759 1313 Sherman Street, Room 521, Denver, CO 80203 margaret.vigil@state.co.us | www.colorado.gov/dola Under the Colorado Open Records Act (CORA), all messages sent by or to me on this state-owned e-mail account may be subject to public disclosure.