HomeMy WebLinkAbout2023 ERSMD Notice of Return to Active StatusWHITE BEAR ANKELE TANAKA & WALDRON ATTORNEYS AT L A W Emilee D. Hansen Paralegal VIA CERTIFIED MAIL Town of Eagle 200 Broadway P.O. Box 609 Eagle, CO 81631 Eagle County Board of Commissioners PO Box 850 500 Broadway Eagle CO 81631 Eagle County Treasurer PO Box 479 500 Broadway Suite 106 Eagle CO 81631 Eagle County Clerk and Recorder PO Box 537 500 Broadway Eagle CO 81631 303-858-1800 ehansen@wbapc.com April 6, 2023 Division of Local Government E-f:led via www.dola.colorado.gov. e- iling Eagle County District Court E-filed State of Colorado Office of State Auditor E-filed via https:llapps. leg. co. govlosa/Ig Re: Notice of Return to Active Status for Eagle River Station Metropolitan District To Whom It May Concern: Pursuant to § 32-1-104(3)(b), C.R.S., enclosed for your records please find a copy of the Special District Notice of Return to Active Status as well as a copy of the Resolution Declaring Return to Active Status for the above -referenced District. 2154 E. Commons Ave., Ste. 2000 1 Centennial, CO 80122 1 F 303.858.1801 1 WhiteBearAnkele.com April 6, 2023 Page 2 Should you have any questions or concerns, please do not hesitate to contact our office. Sincerely, WHITE BEAR ANKELE TANAKA & WALDRON milee D. Hansen Paralegal AZOCOLORADO 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 of the EAGLE RIVER STATION METROPOLITAN District (65804 (LGID) in EAGLE 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: MARCH 20, 2023 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 : Blair M. Dickhoner, Esq. Phone: 303-858-1800 Contact Signature: *- Date: 2023-04-05 Contact Email Addres;bdickhonerB)wbapc.com District Address: c/o White Bear Ankle Tanaka & Waldron Address (cunt.) 2154 E. Commons Ave., Suite 2000 Address City/State2ip: Centennial, CO 80122 Elected or Term Exp. Directors Appointed Yr. 1. Board Chair: Mery Lapin AppnWad 2027 2. Director: Rodrigo Cortina Appointed 2025 3. Director: Eric EVeS Appointed 2027 4. Director. Spencer Clair Appointed 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 le 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 PROCEDERAL INSTRUCTIONS 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.00v/e-filina —) 1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.gov I Strengthening Colorado Communities Version: 1112019 RESOLUTION OF THE BOARD OF DIRECTORS OF EAGLE RIVER STATION METROPOLITAN DISTRICT Declaring Return to Active Status WHEREAS, the Eagle River Station Metropolitan District ( the "District") is a quasi - municipal corporation and political subdivision of the State of Colorado and is a duly organized and existing special district pursuant to §§ 32-1-101, et seg., C.R.S.; and WHEREAS, on October 24, 2018, pursuant to § 32-1-104(3)(a), C.R.S., the Board of Directors for the District (the "Board") adopted a resolution that declared and affirmed the qualifications of the District for inactive status as that term is defined in § 32-1-103(9.3), C.R.S., and WHEREAS, pursuant to § 32-1-104(3)(b), C.R.S., the Board has now determined that the District shall return to active status. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD AS FOLLOWS: 1. RETURN TO ACTIVE STATUS. The Board hereby declares that the District shall return to active status pursuant to § 32-1-104(3)(b), C.R.S., effective immediately. The Board hereby directs legal counsel to issue such notices and take such other actions necessary pursuant to and in accordance with § 32-1-104, C.R.S. [Remainder of Page Intentionally Left Blank. Signature Page to Follow]. 2545 0007 1303499 ADOPTED MARCH 20, 2023. DISTRICT: EAGLE RIVER STATION METROPOLITAN DISTRICT, a quasi -municipal corporation and political subdivision of the State of Colorado By: mervyn la in (Apr 31013 14:46 MDT) Officer of the District ATTEST: APPROVED AS TO FORM: WHITE BEAR ANKELE TANAKA & WALDRON Attorneys at Law General Counsel to the District Signature Page to Resolution Declaring Return to Active Status 2545 0007 1303499