HomeMy WebLinkAbout20103000.tiff M`Geady Sisneros P.C.
McGEADY SISNEPOS 1 J ! r., � 450 E. 17`h Avenue, Suite 400
i?s Denver, Colorado 80203-1214
303.592.4380 tel 303.592.4385 fax
i - .. ,. i- 3/ww.mcgeadysisneros.com
December 14, 2010
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Division of Local Government Weld County Board of County Commissioners
1313 Sherman St., Suite 521 P.O. Box 758
Denver, CO 80203 Greeley, CO 80632
Weld County Assessor Weld County Treasurer
1400 N. 17th Avenue 1400 N. 17th Avenue
Greeley, CO 80631 P.O. Box 458
Greeley, CO 80632
Weld County Clerk and Recorder Office of the State Auditor
1402 17th Avenue 225 E. 16th Ave., Suite 555
P.O. Box 459 Denver, CO 80203
Greeley, CO 80632
Weld County District Court (via LexisNexis
File & Serve)
Re: Pioneer Metropolitan District No. 1
Dear Sir or Madam:
Pursuant to Sections 32-1-104(3)(a) and (b), C.R.S., please find enclosed a Special District
Notice of Inactive Status.
If you have any questions or concerns, please feel free to contact me.
Very truly yours,
MCGEADY SISNEROS,PP.C.eke
,
Jen fer S. Henry
Paralegal
Enclosure
cc: Lisa Johnson, Special District Management Services, Inc. (via email)
c,v,5 2010-3000
{00190572.DOC v:I I)
la - ao to Sn Old 4,
STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS o-�
Division of Local Government
1313 Sherman Street, Suite 521 +�>�1*
Denver,Colorado 80203 s 18x6/
Phone: (303)866-2156
FAX: (303)866-4819
TDD: (303)866-5300
Title 32, Article 1 Special District Notice of Inactive Status
NOTICE IS HEREBY GIVEN by the Board of Directors
of the Pioneer Metropolitan District No. 1 District
in Weld County,
pursuant to subsection 32-1-104(3)(a) C.R.S., the District is an Inactive Special District
having adopted a resolution (attached) describing and affirming the District's qualification
for this status as defined by C.R.S. 32-1-103(9.3) and that said district is in compliance
with each of the requirements specified in subsection 32-1-104(5) C.R.S. The Board of
Directors adopted such resolution at a public meeting held: November 16 , 2010
declaring the District Inactive beginning: December 15 , 2010
NOTICE IS FURTHER GIVEN, pursuant to subsection 32-1-104(4), during the period that
the District is on inactive status, it shall not issue any debt, impose a mill levy, or conduct
any other official business other than to conduct elections and to undertake procedures
necessary to implement the districts intention to return to active status.
District Contact Person: MaryAnn M. McGeady Phone: 303-592-4380
Contact Signature: V M - ,n via. Date: (aljq/p
Contact Email Address: mmcgeady@mcgeadysisneros.connd Ijohnson@sdmsi.com
District Board Chair: Toni Serra
District Business Address: Lisa Johnson
Business Address (cont.) 141 Union Blvd., Suite 150
Address City/State/Zip: Lakewood, Colorado 80228
Generally, per C.R.S. 32-1-104(5), Inactive Special Districts shall be exempt from compliance with the provisions of:
• 32-1-104(2)-Annual January 15'"Contact Filing; • Title 29,Art 1, Part 2-List of Contracts
• 32-1=306-Annual January 1st Map Filing • Title 29,Art 1, Part 6-Audit Law
• 32-1-809-Annual January 15th Notice to Electors • Title 39,Art 1, Part 1 -Notices of Boundary Change, Intent to
• 32-1-903-Meetings Levy
• Title 29,Art 1, Part 1 -Budget Law • Title 39,Art 5, Part 1 -Annual Mill Levy Certification
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, on or before December 15th file this Notice of Inactive 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.
Revised 12/03/2010
RESOLUTION NO. 2010-11- Di
RESOLUTION DECLARING
PIONEER METROPOLITAN DISTRICT NO. 1 INACTIVE
WHEREAS, the Pioneer Metropolitan District No. 1 (the "District") is a quasi-municipal
corporation and political subdivision of the State of Colorado; and
WHEREAS, the District operates under its Service Plan ("Service Plan") and pursuant to
the Colorado Revised Statutes; and
WHEREAS, Section 32-1-104(3)(a), C.R.S. (the "Inactive Status Law"), provides that the
board of directors of a special district may determine it is inactive by adopting a resolution to
affirm that it has met the requirements of the Inactive Status Law and directing that a Notice of
Inactive Status be filed as directed in the Inactive Status Law; and
WHEREAS, the District is in a pre-development stage; and
WHEREAS, there are no residents within the District boundaries, other than those living
there prior to the formation of the District; and
WHEREAS, there are no business or commercial ventures existing within the District
boundaries; and
WHEREAS, the District has not issued any general obligation or revenue debt; and
WHEREAS, the District does not have any financial obligations outstanding or contracts in
effect that require performance by the District during the time the District is inactive; and
WHEREAS, the District has not imposed a mill levy for tax collection in the current fiscal
year; and
WHEREAS, the District does not anticipate the receipt of any revenue; and
WHEREAS, the District has no planned expenditures, except for statutory compliance, in
the current fiscal year; and
WHEREAS, the District has no operation or maintenance responsibility for any facilities;
and
WHEREAS, the District has met the requirements of the Inactive Status Law and desires to
affirm its qualifications and direct that required notice of inactive status, in the form provided by
the Division of Local Government (the "Notice of Inactive Status"), be filed pursuant to the
Inactive Status Law.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
PIONEER METROPOLITAN DISTRICT NO. 1, AS FOLLOWS:
{00187519.DOC N. )
•
1. The Board of Directors ("Board") of the District does hereby affirm that, as stated
in the Recitals of this Resolution, it has met the requirements of the Inactive Status Law.
2. The Board hereby directs that a Notice of Inactive Status be sent by certified mail,
return receipt requested (except where electronic filing is required by the receiving entity), to be
filed with the following entities:
(a) The Board of County Commissioners and/or the City Council of each
county and/or city that approved its Service Plan;
(b) The Treasurer, Assessor and Clerk and Recorder of the county or counties
in which the District is located;
(c) The District Court having jurisdiction over the formation of the District;
(d) The State Auditor;
(e) The Division of Local Government ("Division").
3. The Notice of Inactive Status shall be filed on or before December 15th of the year
in which this Resolution is adopted and the District's inactive status shall be effective
immediately.
4. The District shall be in compliance with Section 32-1-104(5), C.R.S., at the time of
filing of the Notice of Inactive Status.
5. The District acknowledges that during the period of inactive status, it is prohibited
from:
(a) Issuing any debt;
(b) Imposing a mill levy; and
(c) Conducting any other official business other than to conduct elections and
to undertake procedures necessary to implement the District's intention to continue in inactive
status or return to active status.
6. The District acknowledges that during the period of inactive status, it shall be
exempt from statutory requirements including, but not limited to:
(a) Adopting and filing an annual budget;
(b) Entering into and reporting intergovernmental agreements;
(c) Annually filing a certified audit or application for exemption from audit;
(d) Annually filing a boundary map of the District;
(e) Annually filing the transparency notice;
{00187519.DOC v_1} 2
(f) Holding regular meetings; and
(g) Annually filing District contact information.
7. The District acknowledges that it has certain outstanding financial obligations,
which obligations do not require performance during the period of inactivity. The District is in
receipt of letters of agreement signed by each of the affected entities acknowledging that the
District's outstanding financial obligations to those entities do not require performance during the
period of inactivity.
8. The President of the District or, in the event the President is not available, any other
member of the Board or their designee (the "Authorized Officer"), shall be authorized and is
hereby directed by the Board to cause such actions to be taken as may be necessary, including but
not limited to the adoption of a resolution to conduct regular elections of the District during the
period of inactive status and to seek funding for such activities from the developer or owner(s) of
property within the District's boundaries, if necessary.
9. The District acknowledges that during the period of inactive status it may still be
required to file reports or provide notices under the provisions of its Service Plan, pursuant to any
applicable rules or requirements of the jurisdiction(s) that approved the Service Plan, and/or
pursuant to other applicable laws ("Jurisdictional Requirements"). The Board hereby authorizes
and directs the Authorized Officer to comply with, or direct others to comply with, the
Jurisdictional Requirements during the period of inactive status and to seek funding for such
activities from the developer or owner(s) of property within the District's boundaries, if necessary.
10. The District shall remain in inactive status during the period commencing with the
filing of the Notice of Inactive Status until such time as it has filed a Notice of Return to Active
Status, as provided in the Inactive Status Law.
11. So long as the District is in inactive status, the Board hereby authorizes and directs
the Authorized Officer to poll the members of the Board on or before December 1 of each year
regarding the Board's direction regarding inactive status for the upcoming fiscal year.
(a) If the Board informs the Authorized Officer that they desire to remain in
inactive status, the Authorized Officer shall have the authority and is directed to cause the notice
of continuing inactive status to be filed, in the form provided by the Division (the "Notice of
Continuing Inactive Status"), for the next fiscal year. The Notice of Continuing Inactive Status
shall be filed on or before December 15 of such year with the State Auditor and the Division.
(b) If the Board informs the Authorized Officer that they desire to return to
active status, the Authorized Officer shall have the authority to adopt a District resolution
(substantially in the form attached hereto as Exhibit A)that declares the District's return to active
status and authorizes and directs the Authorized Officer to cause to be filed a notice of return to
active status, in the form provided by the Division (the "Notice of Return to Active Status"),
evidencing the District's determination to return to active status. The Notice of Return to Active
Status shall be filed with the State Auditor and the Division. The Board acknowledges that within
ninety (90) days of delivery of the Notice of Return to Active Status, the District is required to be
{00187519 DOC v 1) 3
in compliance with all legal requirements from which the District was exempt while in inactive
status.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
{om s7519.DOc v.1) 4
[SIGNATURE PAGE TO RESOLUTION DELCARING PIONEER METROPOLITAN
DISTRICT NO. 1 INACTIVE]
APPROVED AND ADOPTED this [toll day of November, 2010.
PIONEER METROPOLITAN DISTRICT NO. 1
Pres ent
Attest: i
S'cret. .
(00187519.DOC v I} 5
EXHIBIT A
RESOLUTION NO. - -
RESOLUTION OF INTENT TO RETURN TO ACTIVE STATUS
WHEREAS, the Pioneer Metropolitan District No. 1 (the "District") is a quasi-municipal
corporation and political subdivision of the State of Colorado; and
WHEREAS, pursuant to Section 32-1-104(3)(a), C.R.S. (the "Inactive Status Law"), the
District has be in inactive status and has filed the requisite notices (the "Notices"); and
WHEREAS, the District has been in inactive status since the filing of the Notices; and
WHEREAS, in accordance with the Resolution adopted by the Board of Directors of the
District (the "Board") declaring the District inactive, the Authorized Officer has polled the Board
and the majority of the Board has determined the District should return to active status; and
WHEREAS, the Board desires to declare the District's return to active status in the
manner required by the Inactive Status Law.
NOW, THEREFORE, BE IT RESOLVED BY THE PIONEER METROPOLITAN
DISTRICT NO. 1, AS FOLLOWS:
1. The Board hereby declares the District's return to active status and hereby
authorizes and directs the Authorized Officer to file the notice of return to active status, in the
form provided by the Division of Local Government (the "Notice of Return to Active Status")
evidencing the District's determination to return to active status.
2. The Notice of Return to Active Status shall be sent by certified mail, return
receipt requested (except where electronic filing is required by the receiving entity), to be filed
with the following entities:
(a) The Board of County Commissioners and/or the City Council of each
county and/or city that approved its Service Plan; and
(b) The Treasurer, Assessor and Clerk and Recorder of the county or counties
in which the District is located; and
(c) The District Court having jurisdiction over the formation of the District;
and
(d) The State Auditor; and
(e) The Division of Local Government ("Division").
{00187519.DOCv:1)
3. The Board acknowledges that within 90 days of delivery of the Notice of Return
to Active Status, the District is required to be in compliance with all legal requirements for
which the District was exempt while in an inactive status.
APPROVED AND ADOPTED this day of , 20
PIONEER METROPOLITAN DISTRICT NO. 1
Authorized Officer
Attest:
Secretary
(00187519.DOC v.1)
M`Geady Sisneros P.C.
450 E. 17`h Avenue, Suite 400
McGEADY SISNEROS Denver, Colorado 80203-1214
303.592.4380 tel 303.592.4385 fax
r- (b A 2: 30 www.mcgeadysisneros.com
December 14, 2010
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Division of Local Government Weld County Board of County Commissioners
1313 Sherman St., Suite 521 P.O. Box 758
Denver, CO 80203 Greeley, CO 80632
Weld County Assessor Weld County Treasurer
1400 N. 17th Avenue 1400 N. 17th Avenue
Greeley, CO 80631 P.O. Box 458
Greeley, CO 80632
Weld County Clerk and Recorder Office of the State Auditor
1402 17th Avenue 225 E. 16th Ave., Suite 555
P.O. Box 459 Denver, CO 80203
Greeley, CO 80632
Weld County District Court (via LexisNexis
File & Serve)
Re: Pioneer Metropolitan District No. 2
Dear Sir or Madam:
Pursuant to Sections 32-1-104(3)(a) and (b), C.R.S., please find enclosed a Special District
Notice of Inactive Status.
If you have any questions or concerns, please feel free to contact me.
Very truly yours,
MCGEADY SISNEROS,P.C.
1
Jennifer S. Henry AAr
Paralegal
Enclosure
cc: Lisa Johnson, Special District Management Services, Inc. (via email)
(00190578.DOC v:1}
• STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS .ov.coto
e
Division of Local Government
1313 Sherman Street,Suite 521 * t. t */
Denver,Colorado 80203 *1876*
Phone: (303)866-2156
FAX: (303)866-4819
TDD: (303)866-5300
Title 32, Article 1 Special District Notice of Inactive Status
NOTICE IS HEREBY GIVEN by the Board of Directors
of the Pioneer Metropolitan District No. 2 District
in Weld County,
pursuant to subsection 32-1-104(3)(a) C.R.S., the District is an Inactive Special District
having adopted a resolution (attached) describing and affirming the District's qualification
• for this status as defined by C.R.S. 32-1-103(9.3) and that said district is in compliance
with each of the requirements specified in subsection 32-1-104(5) C.R.S. The Board of
Directors adopted such resolution at a public meeting held: November 16 , 2010
declaring the District Inactive beginning: December 15 , 2010
NOTICE IS FURTHER GIVEN, pursuant to subsection 32-1-104(4), during the period that
the District is on inactive status, it shall not issue any debt, impose a mill levy, or conduct
any other official business other than to conduct elections and to undertake procedures
necessary to implement the district's intention to return to active status.
District Contact Person: MaryAnn M. McGeady Phone: 303-592-4380
/
w Contact Signature: y1�• - . +d% y. ttm . Date: (a//4/i(�
Contact Email Address: mmcgeady@mcgeadysisneros.co and Ijohnson@sdmsi.com !!!
District Board Chair: Joel Farkas
District Business Address: Lisa Johnson
Business Address (cont.) 141 Union Blvd., Suite 150
Address City/State/Zip: Lakewood, Colorado 80228
Generally, per C.R.S. 32-1-104(5), Inactive Special Districts shall be exempt from compliance with the provisions of:
• 32-1-104(2)-Annual January 15th Contact Filing; • Title 29,Art 1, Part 2-List of Contracts
• 32-1-306-Annual January 1st Map Filing • Title 29,Art 1, Part 6-Audit Law
• 32-1-809-Annual January 15th Notice to Electors • Title 39,Art 1, Part 1 -Notices of Boundary Change, Intent to
• 32-1-903-Meetings Levy
• Title 29,Art 1, Part 1 -Budget Law • Title 39,Art 5, Part 1 -Annual Mill Levy Certification
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, on or before December 15th file this Notice of Inactive 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.
Revised 12/03/2010
RESOLUTION NO. 2010-11- 01
RESOLUTION DECLARING
PIONEER METROPOLITAN DISTRICT NO. 2 INACTIVE
WHEREAS, the Pioneer Metropolitan District No. 2 (the "District") is a quasi-municipal
corporation and political subdivision of the State of Colorado; and
WHEREAS, the District operates under its Service Plan ("Service Plan") and pursuant to
the Colorado Revised Statutes; and
WHEREAS, Section 32-1-104(3)(a), C.R.S. (the "Inactive Status Law"), provides that the
board of directors of a special district may determine it is inactive by adopting a resolution to
affirm that it has met the requirements of the Inactive Status Law and directing that a Notice of
Inactive Status be filed as directed in the Inactive Status Law; and
WHEREAS, the District is in a pre-development stage; and
WHEREAS, there are no residents within the District boundaries, other than those living
there prior to the formation of the District; and
WHEREAS, there are no business or commercial ventures existing within the District
boundaries; and
WHEREAS, the District has not issued any general obligation or revenue debt; and
WHEREAS, the District does not have any financial obligations outstanding or contracts in
effect that require performance by the District during the time the District is inactive; and
WHEREAS, the District has not imposed a mill levy for tax collection in the current fiscal
year; and
WHEREAS, the District does not anticipate the receipt of any revenue; and
WHEREAS, the District has no planned expenditures, except for statutory compliance, in
the current fiscal year; and
WHEREAS, the District has no operation or maintenance responsibility for any facilities;
and
WHEREAS, the District has met the requirements of the Inactive Status Law and desires to
affirm its qualifications and direct that required notice of inactive status, in the form provided by
the Division of Local Government(the"Notice of Inactive Status"), be filed pursuant to the
Inactive Status Law.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
PIONEER METROPOLITAN DISTRICT NO. 2, AS FOLLOWS:
(00189464.DOC v'.11
1. The Board of Directors ("Board") of the District does hereby affirm that, as stated
in the Recitals of this Resolution, it has met the requirements of the Inactive Status Law.
2. The Board hereby directs that a Notice of Inactive Status be sent by certified mail,
return receipt requested (except where electronic filing is required by the receiving entity), to be
filed with the following entities:
(a) The Board of County Commissioners and/or the City Council of each
county and/or city that approved its Service Plan;
(b) The Treasurer, Assessor and Clerk and Recorder of the county or counties
in which the District is located;
(c) The District Court having jurisdiction over the formation of the District;
(d) The State Auditor;
(e) The Division of Local Government("Division").
3. The Notice of Inactive Status shall be filed on or before December 15th of the year
in which this Resolution is adopted and the District's inactive status shall be effective
immediately.
4. The District shall be in compliance with Section 32-1-104(5), C.R.S., at the time of
filing of the Notice of Inactive Status.
5. The District acknowledges that during the period of inactive status, it is prohibited
from:
(a) Issuing any debt;
(b) Imposing a mill levy; and
(c) Conducting any other official business other than to conduct elections and
to undertake procedures necessary to implement the District's intention to continue in inactive
status or return to active status.
6. The District acknowledges that during the period of inactive status, it shall be
exempt from statutory requirements including, but not limited to:
(a) Adopting and filing an annual budget;
(b) Entering into and reporting intergovernmental agreements;
(c) Annually filing a certified audit or application for exemption from audit;
(d) Annually filing a boundary map of the District;
(e) Annually filing the transparency notice;
{00189464.DOC v1) 2
(f) Holding regular meetings; and
(g) Annually filing District contact information.
7. The District acknowledges that it has certain outstanding financial obligations,
which obligations do not require performance during the period of inactivity. The District is in
receipt of letters of agreement signed by each of the affected entities acknowledging that the
District's outstanding financial obligations to those entities do not require performance during the
period of inactivity.
8. The President of the District or, in the event the President is not available, any other
member of the Board or their designee (the "Authorized Officer"), shall be authorized and is
hereby directed by the Board to cause such actions to be taken as may be necessary, including but
not limited to the adoption of a resolution to conduct regular elections of the District during the
period of inactive status and to seek funding for such activities from the developer or owner(s) of
property within the District's boundaries, if necessary.
9. The District acknowledges that during the period of inactive status it may still be
required to file reports or provide notices under the provisions of its Service Plan, pursuant to any
applicable rules or requirements of the jurisdiction(s)that approved the Service Plan, and/or
pursuant to other applicable laws ("Jurisdictional Requirements"). The Board hereby authorizes
and directs the Authorized Officer to comply with, or direct others to comply with, the
Jurisdictional Requirements during the period of inactive status and to seek funding for such
activities from the developer or owner(s) of property within the District's boundaries, if necessary.
10. The District shall remain in inactive status during the period commencing with the
filing of the Notice of Inactive Status until such time as it has filed a Notice of Return to Active
Status, as provided in the Inactive Status Law.
11. So long as the District is in inactive status, the Board hereby authorizes and directs
the Authorized Officer to poll the members of the Board on or before December 1 of each year
regarding the Board's direction regarding inactive status for the upcoming fiscal year.
(a) If the Board informs the Authorized Officer that they desire to remain in
inactive status, the Authorized Officer shall have the authority and is directed to cause the notice
of continuing inactive status to be filed, in the form provided by the Division (the"Notice of
Continuing Inactive Status"), for the next fiscal year. The Notice of Continuing Inactive Status
shall be filed on or before December 15 of such year with the State Auditor and the Division.
(b) If the Board informs the Authorized Officer that they desire to return to
active status, the Authorized Officer shall have the authority to adopt a District resolution
(substantially in the form attached hereto as Exhibit A)that declares the District's return to active
status and authorizes and directs the Authorized Officer to cause to be filed a notice of return to
active status, in the form provided by the Division (the"Notice of Return to Active Status"),
evidencing the District's determination to return to active status. The Notice of Return to Active
Status shall be filed with the State Auditor and the Division. The Board acknowledges that within
ninety (90) days of delivery of the Notice of Return to Active Status, the District is required to be
{00189464.DOC v.I} 3
in compliance with all legal requirements from which the District was exempt while in inactive
status.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
fool 89464.DOC v ) 4
[SIGNATURE PAGE TO RESOLUTION DELCARING PIONEER METROPOLITAN
DISTRICT NO. 2 INACTIVE]
APPROVED AND ADOPTED this tlo day of November, 2010.
PIONEER METROPOLITAN DISTRICT NO. 2
v rW
Pres i t
Attest:
Se et.
(00189464.DOC v:1} 5
EXHIBIT A
RESOLUTION NO.
RESOLUTION OF INTENT TO RETURN TO ACTIVE STATUS
WHEREAS, the Pioneer Metropolitan District No. 2 (the "District") is a quasi-municipal
corporation and political subdivision of the State of Colorado; and
WHEREAS, pursuant to Section 32-1-104(3)(a), C.R.S. (the "Inactive Status Law"), the
District has be in inactive status and has filed the requisite notices (the "Notices"); and
WHEREAS, the District has been in inactive status since the filing of the Notices; and
WHEREAS, in accordance with the Resolution adopted by the Board of Directors of the
District (the "Board") declaring the District inactive, the Authorized Officer has polled the Board
and the majority of the Board has determined the District should return to active status; and
WHEREAS, the Board desires to declare the District's return to active status in the
manner required by the Inactive Status Law.
NOW, THEREFORE, BE IT RESOLVED BY THE PIONEER METROPOLITAN
DISTRICT NO. 2, AS FOLLOWS:
1. The Board hereby declares the District's return to active status and hereby
authorizes and directs the Authorized Officer to file the notice of return to active status, in the
form provided by the Division of Local Government (the "Notice of Return to Active Status")
evidencing the District's determination to return to active status.
2. The Notice of Return to Active Status shall be sent by certified mail, return
receipt requested (except where electronic filing is required by the receiving entity), to be filed
with the following entities:
(a) The Board of County Commissioners and/or the City Council of each
county and/or city that approved its Service Plan; and
(b) The Treasurer, Assessor and Clerk and Recorder of the county or counties
in which the District is located; and
(c) The District Court having jurisdiction over the formation of the District;
and
(d) The State Auditor; and
(e) The Division of Local Government("Division").
{00189464.DOC v:11
3. The Board acknowledges that within 90 days of delivery of the Notice of Return
to Active Status, the District is required to be in compliance with all legal requirements for
which the District was exempt while in an inactive status.
APPROVED AND ADOPTED this day of , 20
PIONEER METROPOLITAN DISTRICT NO. 2
Authorized Officer
Attest:
Secretary
{00189464.DOC va)
M`Geady Sisneros P.C.
`✓ 450 E. 17th Avenue, Suite 400
McGEADY SISNEROS r Denver, Colorado 80203-1214
303.592.4380 tel 303.592.4385 fax
•
-- To Fr lb A 1,5'; 30 www.mcgeadysisneros.com
December 14, 2010
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Division of Local Government Weld County Board of County Commissioners
1313 Sherman St., Suite 521 P.O. Box 758
Denver, CO 80203 Greeley, CO 80632
Weld County Assessor Weld County Treasurer
1400 N. 17th Avenue 1400 N. 17th Avenue
Greeley, CO 80631 P.O. Box 458
Greeley, CO 80632
Weld County Clerk and Recorder Office of the State Auditor
1402 17th Avenue 225 E. 16th Ave., Suite 555
P.O. Box 459 Denver, CO 80203
Greeley, CO 80632
Weld County District Court (via LexisNexis
File & Serve)
Re: Pioneer Metropolitan District No. 3
Dear Sir or Madam:
Pursuant to Sections 32-1-104(3)(a) and (b), C.R.S., please find enclosed a Special District
Notice of Inactive Status.
If you have any questions or concerns, please feel free to contact me.
Very truly yours,
MCGEADY SISNEROS,P.C.
CdAtAkkS tlititecr
Jennifer S. Henry
Paralegal
Enclosure
cc: Lisa Johnson, Special District Management Services, Inc. (via email)
{00190579.DOC v.I}
• STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS 0v.coto
rU
Division of Local Government
1313 Sherman Street,Suite 521
Denver,Colorado 80203 **1876*•
Phone: (303)866-2156
FAX: (303)866-4819
.TDD: (303)866-5300
Title 32, Article 1 Special District Notice of Inactive Status
NOTICE IS HEREBY GIVEN by the Board of Directors
of the Pioneer Metropolitan District No. 3 District
in Weld County,
pursuant to subsection 32-1-104(3)(a) C.R.S., the District is an Inactive Special District
having adopted a resolution (attached) describing and affirming the District's qualification
for this status as defined by C.R.S. 32-1-103(9.3) and that said district is in compliance
with each of the requirements specified in subsection 32-1-104(5) C.R.S. The Board of
Directors adopted such resolution at a public meeting held: November 16 , 2010
declaring the District Inactive beginning: December 15 , 2010
NOTICE IS FURTHER GIVEN, pursuant to subsection 32-1-104(4), during the period that
the District is on inactive status, it shall not issue any debt, impose a mill levy, or conduct
any other official business other than to conduct elections and to undertake procedures
necessary to implement the district's intention to return to active status.
District Contact Person: MaryAnn M. McGeady Phone: 303-592-4380
Contact Signature: Date: la//`if //D
Contact Email Address: mmcgeady@mcgeadysisneros.coh and Ijohnson@sdmsi.com I!
District Board Chair: Joel Farkas
District Business Address: Lisa Johnson
Business Address (cont.) 141 Union Blvd., Suite 150
Address City/State/Zip: Lakewood, Colorado 80228
Generally, per C.R.S. 32-1-104(5), Inactive Special Districts shall be exempt from compliance with the provisions of:
• 32-1-104(2)-Annual January 15th Contact Filing; • Title 29,Art 1, Part 2-List of Contracts
• 32-1-306-Annual January 1st Map Filing • Title 29,Art 1, Part 6-Audit Law
• 32-1-809-Annual January 15th Notice to Electors • Title 39,Art 1, Part 1 -Notices of Boundary Change, Intent to
• 32-1-903-Meetings Levy
• Title 29,Art 1, Part 1 -Budget Law • Title 39,Art 5, Part 1 -Annual Mill Levy Certification
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, on or before December 15th file this Notice of Inactive 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.
Revised 12/03/2010
RESOLUTION NO. 2010-11- D J
RESOLUTION DECLARING
PIONEER METROPOLITAN DISTRICT NO. 3 INACTIVE
WHEREAS, the Pioneer Metropolitan District No. 3 (the "District") is a quasi-municipal
corporation and political subdivision of the State of Colorado; and
WHEREAS, the District operates under its Service Plan ("Service Plan") and pursuant to
the Colorado Revised Statutes; and
WHEREAS, Section 32-1-104(3)(a), C.R.S. (the "Inactive Status Law"), provides that the
board of directors of a special district may determine it is inactive by adopting a resolution to
affirm that it has met the requirements of the Inactive Status Law and directing that a Notice of
Inactive Status be filed as directed in the Inactive Status Law; and
WHEREAS, the District is in a pre-development stage; and
WHEREAS, there are no residents within the District boundaries, other than those living
there prior to the formation of the District; and
WHEREAS, there are no business or commercial ventures existing within the District
boundaries; and
WHEREAS, the District has not issued any general obligation or revenue debt; and
WHEREAS, the District does not have any financial obligations outstanding or contracts in
effect that require performance by the District during the time the District is inactive; and
WHEREAS, the District has not imposed a mill levy for tax collection in the current fiscal
year; and
WHEREAS, the District does not anticipate the receipt of any revenue; and
WHEREAS, the District has no planned expenditures, except for statutory compliance, in
the current fiscal year; and
WHEREAS, the District has no operation or maintenance responsibility for any facilities;
and
WHEREAS, the District has met the requirements of the Inactive Status Law and desires to
affirm its qualifications and direct that required notice of inactive status, in the form provided by
the Division of Local Government (the "Notice of Inactive Status"), be filed pursuant to the
Inactive Status Law.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
PIONEER METROPOLITAN DISTRICT NO. 3, AS FOLLOWS:
{00189467 DOC v 1}
1. The Board of Directors ("Board") of the District does hereby affirm that, as stated
in the Recitals of this Resolution, it has met the requirements of the Inactive Status Law.
2. The Board hereby directs that a Notice of Inactive Status be sent by certified mail,
return receipt requested (except where electronic filing is required by the receiving entity), to be
filed with the following entities:
(a) The Board of County Commissioners and/or the City Council of each
county and/or city that approved its Service Plan;
(b) The Treasurer, Assessor and Clerk and Recorder of the county or counties
in which the District is located;
(c) The District Court having jurisdiction over the formation of the District;
(d) The State Auditor;
(e) The Division of Local Government ("Division").
3. The Notice of Inactive Status shall be filed on or before December 15th of the year
in which this Resolution is adopted and the District's inactive status shall be effective
immediately.
4. The District shall be in compliance with Section 32-1-104(5), C.R.S., at the time of
filing of the Notice of Inactive Status.
5. The District acknowledges that during the period of inactive status, it is prohibited
from:
(a) Issuing any debt;
(b) Imposing a mill levy; and
(c) Conducting any other official business other than to conduct elections and
to undertake procedures necessary to implement the District's intention to continue in inactive
status or return to active status.
6. The District acknowledges that during the period of inactive status, it shall be
exempt from statutory requirements including, but not limited to:
(a) Adopting and filing an annual budget;
(b) Entering into and reporting intergovernmental agreements;
(c) Annually filing a certified audit or application for exemption from audit;
(d) Annually filing a boundary map of the District;
(e) Annually filing the transparency notice;
{00189467.DOC v'.1) 2
•
(f) Holding regular meetings; and
(g) Annually filing District contact information.
7. The District acknowledges that it has certain outstanding financial obligations,
which obligations do not require performance during the period of inactivity. The District is in
receipt of letters of agreement signed by each of the affected entities acknowledging that the
District's outstanding financial obligations to those entities do not require performance during the
period of inactivity.
8. The President of the District or, in the event the President is not available, any other
member of the Board or their designee (the "Authorized Officer"), shall be authorized and is
hereby directed by the Board to cause such actions to be taken as may be necessary, including but
not limited to the adoption of a resolution to conduct regular elections of the District during the
period of inactive status and to seek funding for such activities from the developer or owner(s) of
property within the District's boundaries, if necessary.
9. The District acknowledges that during the period of inactive status it may still be
required to file reports or provide notices under the provisions of its Service Plan, pursuant to any
applicable rules or requirements of the jurisdiction(s) that approved the Service Plan, and/or
pursuant to other applicable laws ("Jurisdictional Requirements"). The Board hereby authorizes
and directs the Authorized Officer to comply with, or direct others to comply with, the
Jurisdictional Requirements during the period of inactive status and to seek funding for such
activities from the developer or owner(s) of property within the District's boundaries, if necessary.
10. The District shall remain in inactive status during the period commencing with the
filing of the Notice of Inactive Status until such time as it has filed a Notice of Return to Active
Status, as provided in the Inactive Status Law.
11. So long as the District is in inactive status, the Board hereby authorizes and directs
the Authorized Officer to poll the members of the Board on or before December 1 of each year
regarding the Board's direction regarding inactive status for the upcoming fiscal year.
(a) If the Board informs the Authorized Officer that they desire to remain in
inactive status, the Authorized Officer shall have the authority and is directed to cause the notice
of continuing inactive status to be filed, in the form provided by the Division (the "Notice of
Continuing Inactive Status"), for the next fiscal year. The Notice of Continuing Inactive Status
shall be filed on or before December 15 of such year with the State Auditor and the Division.
(b) If the Board informs the Authorized Officer that they desire to return to
active status, the Authorized Officer shall have the authority to adopt a District resolution
(substantially in the form attached hereto as Exhibit A) that declares the District's return to active
status and authorizes and directs the Authorized Officer to cause to be filed a notice of return to
active status, in the form provided by the Division (the "Notice of Return to Active Status"),
evidencing the District's determination to return to active status. The Notice of Return to Active
Status shall be filed with the State Auditor and the Division. The Board acknowledges that within
ninety (90) days of delivery of the Notice of Return to Active Status, the District is required to be
{00189467.DOC v:I) 3
in compliance with all legal requirements from which the District was exempt while in inactive
status.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
{00189467 DOC v:1) 4
[SIGNATURE PAGE TO RESOLUTION DELCARING PIONEER METROPOLITAN
DISTRICT NO. 3 INACTIVE]
APPROVED AND ADOPTED this I(,1 day of November, 2010.
PIONEER METROPOLITAN DISTRICT NO. 3
Presi nt Criti)>C-9.—AACLi
Attest:
oiG
Secr ary
(00189467.DOC v:11 5
EXHIBIT A
RESOLUTION NO.
RESOLUTION OF INTENT TO RETURN TO ACTIVE STATUS
WHEREAS, the Pioneer Metropolitan District No. 3 (the "District") is a quasi-municipal
corporation and political subdivision of the State of Colorado; and
WHEREAS, pursuant to Section 32-1-104(3)(a), C.R.S. (the "Inactive Status Law"), the
District has be in inactive status and has filed the requisite notices (the "Notices"); and
WHEREAS, the District has been in inactive status since the filing of the Notices; and
WHEREAS, in accordance with the Resolution adopted by the Board of Directors of the
District (the "Board") declaring the District inactive, the Authorized Officer has polled the Board
and the majority of the Board has determined the District should return to active status; and
WHEREAS, the Board desires to declare the District's return to active status in the
manner required by the Inactive Status Law.
NOW, THEREFORE, BE IT RESOLVED BY THE PIONEER METROPOLITAN
DISTRICT NO. 3, AS FOLLOWS:
1. The Board hereby declares the District's return to active status and hereby
authorizes and directs the Authorized Officer to file the notice of return to active status, in the
form provided by the Division of Local Government (the "Notice of Return to Active Status")
evidencing the District's determination to return to active status.
2. The Notice of Return to Active Status shall be sent by certified mail, return
receipt requested (except where electronic filing is required by the receiving entity), to be filed
with the following entities:
(a) The Board of County Commissioners and/or the City Council of each
county and/or city that approved its Service Plan; and
(b) The Treasurer, Assessor and Clerk and Recorder of the county or counties
in which the District is located; and
(c) The District Court having jurisdiction over the formation of the District;
and
(d) The State Auditor; and
(e) The Division of Local Government ("Division").
{00189467.DOC v l}
3. The Board acknowledges that within 90 days of delivery of the Notice of Return
to Active Status, the District is required to be in compliance with all legal requirements for
which the District was exempt while in an inactive status.
APPROVED AND ADOPTED this day of , 20
PIONEER METROPOLITAN DISTRICT NO. 3
Authorized Officer
Attest:
Secretary
{00189467.DOC v'.1}
M`Geady Sisneros P.C.
450 E.M GEADY SISNEROS Denver,
`&orado 8020 -120
C �` �� � ' "' T`� Denver, Colorado 80203-1214
303.592.4380 tel 303.592.4385 fax
e A I,,. �� www.mcgeadysisneros.com
11.:.,3 GEC lb 31
December 14, 2010
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Division of Local Government Weld County Board of County Commissioners
1313 Sherman St., Suite 521 P.O. Box 758
Denver, CO 80203 Greeley, CO 80632
Weld County Assessor Weld County Treasurer
1400 N. 17th Avenue 1400 N. 17th Avenue
Greeley, CO 80631 P.O. Box 458
Greeley, CO 80632
Weld County Clerk and Recorder Office of the State Auditor
1402 17th Avenue 225 E. 16th Ave., Suite 555
P.O. Box 459 Denver, CO 80203
Greeley, CO 80632
Weld County District Court (via LexisNexis
File & Serve)
Re: Pioneer Metropolitan District No. 4
Dear Sir or Madam:
Pursuant to Sections 32-I-104(3)(a) and (b), C.R.S., please find enclosed a Special District
Notice of Inactive Status.
If you have any questions or concerns, please feel free to contact me.
Very truly yours,
MCGEADY SISNEROS,P.C.
c
Jennifer S. Henry
Paralegal
Enclosure
cc: Lisa Johnson, Special District Management Services, Inc. (via email)
{00190580.DOC v 1)
STAi'B OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS sr cot.°
�Q
Division of Local Government r
1313 Sherman Street,Suite 521 *• %*
Denver, Colorado 80203 *iavc r
Phone: (303)866-2156 -`
FAX'. (303)866-4819
TDD: (303)866-5300
Title 32, Article 1 Special District Notice of Inactive Status
NOTICE IS HEREBY GIVEN by the Board of Directors
of the Pioneer Metropolitan District No. 4 District
in Weld County,
pursuant to subsection 32-1-104(3)(a) C.R.S., the District is an Inactive Special District
having adopted a resolution (attached) describing and affirming the District's qualification
for this status as defined by C.R.S. 32-1-103(9.3) and that said district is in compliance
with each of the requirements specified in subsection 32-1-104(5) C.R.S. The Board of
Directors adopted such resolution at a public meeting held: November 16 , 2010
declaring the District Inactive beginning: December 15 , 2010
NOTICE IS FURTHER GIVEN, pursuant to subsection 32-1-104(4), during the period that
the District is on inactive status, it shall not issue any debt, impose a mill levy, or conduct
any other official business other than to conduct elections and to undertake procedures
necessary to implement the district's intention to return to active status.
District Contact Person: MaryAnn M. McGeady Phone: 303-592-4380
Contact Signature: Date: I 2//44//LO
Contact Email Address: mmcgeady@mcgeadysisneros.cm and Ijohnson@sdmsi.com t
District Board Chair: Joel Farkas
District Business Address: Lisa Johnson
Business Address(cont.) 141 Union Blvd., Suite 150
Address City/State/Zip: Lakewood, Colorado 80228
Generally,per C.R.S. 32-1-104(5), Inactive Special Districts shall be exempt from compliance with the provisions of:
• 32-1-104(2)-Annual January 15'"Contact Filing; • Title 29,Art 1, Part 2-List of Contracts
• 32-1-306-Annual January 1st Map Filing • Title 29,Art 1, Part 6-Audit Law
• 32-1-809-Annual January 15th Notice to Electors • Title 39,Art 1, Part 1 -Notices of Boundary Change, Intent to
• 32-1-903-Meetings Levy
• Title 29,Art 1, Part 1 - Budget Law • Title 39,Art 5, Part 1 -Annual Mill Levy Certification
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, on or before December 15'"file this Notice of Inactive 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.
Revised 12/03/2010
•
RESOLUTION NO. 2010-11-Ol
RESOLUTION DECLARING
PIONEER METROPOLITAN DISTRICT NO. 4 INACTIVE
WHEREAS, the Pioneer Metropolitan District No. 4 (the "District") is a quasi-municipal
corporation and political subdivision of the State of Colorado; and
WHEREAS, the District operates under its Service Plan ("Service Plan") and pursuant to
the Colorado Revised Statutes; and
WHEREAS, Section 32-1-I04(3)(a), C.R.S. (the "Inactive Status Law"), provides that the
board of directors of a special district may determine it is inactive by adopting a resolution to
affirm that it has met the requirements of the Inactive Status Law and directing that a Notice of
Inactive Status be filed as directed in the Inactive Status Law; and
WHEREAS, the District is in a pre-development stage; and
WHEREAS, there are no residents within the District boundaries, other than those living
there prior to the formation of the District; and
WHEREAS, there are no business or commercial ventures existing within the District
boundaries; and
WHEREAS, the District has not issued any general obligation or revenue debt; and
WHEREAS, the District does not have any financial obligations outstanding or contracts in
effect that require performance by the District during the time the District is inactive; and
WHEREAS, the District has not imposed a mill levy for tax collection in the current fiscal
year; and
WHEREAS, the District does not anticipate the receipt of any revenue; and
WHEREAS, the District has no planned expenditures, except for statutory compliance, in
the current fiscal year; and
WHEREAS, the District has no operation or maintenance responsibility for any facilities;
and
WHEREAS, the District has met the requirements of the Inactive Status Law and desires to
affirm its qualifications and direct that required notice of inactive status, in the form provided by
the Division of Local Government (the "Notice of Inactive Status"), be filed pursuant to the
Inactive Status Law.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
PIONEER METROPOLITAN DISTRICT NO. 4, AS FOLLOWS:
{00189469.DOC v )
•
1. The Board of Directors ("Board") of the District does hereby affirm that, as stated
in the Recitals of this Resolution, it has met the requirements of the Inactive Status Law.
2. The Board hereby directs that a Notice of Inactive Status be sent by certified mail,
return receipt requested (except where electronic filing is required by the receiving entity), to be
filed with the following entities:
(a) The Board of County Commissioners and/or the City Council of each
county and/or city that approved its Service Plan;
(b) The Treasurer, Assessor and Clerk and Recorder of the county or counties
in which the District is located;
(c) The District Court having jurisdiction over the formation of the District;
(d) The State Auditor;
(e) The Division of Local Government ("Division").
3. The Notice of Inactive Status shall be filed on or before December 15th of the year
in which this Resolution is adopted and the District's inactive status shall be effective
immediately.
4. The District shall be in compliance with Section 32-1-104(5), C.R.S., at the time of
filing of the Notice of Inactive Status.
5. The District acknowledges that during the period of inactive status, it is prohibited
from:
(a) Issuing any debt;
(b) Imposing a mill levy; and
(c) Conducting any other official business other than to conduct elections and
to undertake procedures necessary to implement the District's intention to continue in inactive
status or return to active status.
6. The District acknowledges that during the period of inactive status, it shall be
exempt from statutory requirements including, but not limited to:
(a) Adopting and filing an annual budget;
(b) Entering into and reporting intergovernmental agreements;
(c) Annually filing a certified audit or application for exemption from audit;
(d) Annually filing a boundary map of the District;
(e) Annually filing the transparency notice;
{00189469.DOC vI) 2
(f) Holding regular meetings; and
(g) Annually filing District contact information.
7. The District acknowledges that it has certain outstanding financial obligations,
which obligations do not require performance during the period of inactivity. The District is in
receipt of letters of agreement signed by each of the affected entities acknowledging that the
District's outstanding financial obligations to those entities do not require performance during the
period of inactivity.
8. The President of the District or, in the event the President is not available, any other
member of the Board or their designee (the"Authorized Officer"), shall be authorized and is
hereby directed by the Board to cause such actions to be taken as may be necessary, including but
not limited to the adoption of a resolution to conduct regular elections of the District during the
period of inactive status and to seek funding for such activities from the developer or owner(s) of
property within the District's boundaries, if necessary.
9. The District acknowledges that during the period of inactive status it may still be
required to file reports or provide notices under the provisions of its Service Plan, pursuant to any
applicable rules or requirements of the jurisdiction(s) that approved the Service Plan, and/or
pursuant to other applicable laws ("Jurisdictional Requirements"). The Board hereby authorizes
and directs the Authorized Officer to comply with, or direct others to comply with, the
Jurisdictional Requirements during the period of inactive status and to seek funding for such
activities from the developer or owner(s) of property within the District's boundaries, if necessary.
10. The District shall remain in inactive status during the period commencing with the
filing of the Notice of Inactive Status until such time as it has filed a Notice of Return to Active
Status, as provided in the Inactive Status Law.
11. So long as the District is in inactive status, the Board hereby authorizes and directs
the Authorized Officer to poll the members of the Board on or before December 1 of each year
regarding the Board's direction regarding inactive status for the upcoming fiscal year.
(a) If the Board informs the Authorized Officer that they desire to remain in
inactive status, the Authorized Officer shall have the authority and is directed to cause the notice
of continuing inactive status to be filed, in the form provided by the Division (the "Notice of
Continuing Inactive Status"), for the next fiscal year. The Notice of Continuing Inactive Status
shall be filed on or before December 15 of such year with the State Auditor and the Division.
(b) If the Board informs the Authorized Officer that they desire to return to
active status, the Authorized Officer shall have the authority to adopt a District resolution
(substantially in the form attached hereto as Exhibit A) that declares the District's return to active
status and authorizes and directs the Authorized Officer to cause to be filed a notice of return to
active status, in the form provided by the Division (the "Notice of Return to Active Status"),
evidencing the District's determination to return to active status. The Notice of Return to Active
Status shall be filed with the State Auditor and the Division. The Board acknowledges that within
ninety (90) days of delivery of the Notice of Return to Active Status, the District is required to be
00189469.DOC v:11 3
in compliance with all legal requirements from which the District was exempt while in inactive
status.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
{00189469.DOC v } 4
[SIGNATURE PAGE TO RESOLUTION DELCARING PIONEER METROPOLITAN
DISTRICT NO. 4 INACTIVE]
APPROVED AND ADOPTED this VIII day of November, 2010.
PIONEER METROPOLITAN DISTRICT NO. 4
r
Pr ident
Attest:
Se ret
{poi 89469,DOC v ) 5
EXHIBIT A
RESOLUTION NO. - -
RESOLUTION OF INTENT TO RETURN TO ACTIVE STATUS
WHEREAS, the Pioneer Metropolitan District No. 4 (the"District") is a quasi-municipal
corporation and political subdivision of the State of Colorado; and
WHEREAS, pursuant to Section 32-1-104(3)(a), C.R.S. (the "Inactive Status Law"), the
District has be in inactive status and has filed the requisite notices (the "Notices"); and
WHEREAS, the District has been in inactive status since the filing of the Notices; and
WHEREAS, in accordance with the Resolution adopted by the Board of Directors of the
District (the"Board") declaring the District inactive, the Authorized Officer has polled the Board
and the majority of the Board has determined the District should return to active status; and
WHEREAS, the Board desires to declare the District's return to active status in the
manner required by the Inactive Status Law.
NOW, THEREFORE, BE IT RESOLVED BY THE PIONEER METROPOLITAN
DISTRICT NO. 4, AS FOLLOWS:
1. The Board hereby declares the District's return to active status and hereby
authorizes and directs the Authorized Officer to file the notice of return to active status, in the
form provided by the Division of Local Government (the "Notice of Return to Active Status")
evidencing the District's determination to return to active status.
2. The Notice of Return to Active Status shall be sent by certified mail, return
receipt requested (except where electronic filing is required by the receiving entity), to be filed
with the following entities:
(a) The Board of County Commissioners and/or the City Council of each
county and/or city that approved its Service Plan; and
(b) The Treasurer, Assessor and Clerk and Recorder of the county or counties
in which the District is located; and
(c) The District Court having jurisdiction over the formation of the District;
and
(d) The State Auditor; and
(e) The Division of Local Government ("Division").
(00189469.DOC v:l}
3. The Board acknowledges that within 90 days of delivery of the Notice of Return
to Active Status, the District is required to be in compliance with all legal requirements for
which the District was exempt while in an inactive status.
APPROVED AND ADOPTED this day of , 20
PIONEER METROPOLITAN DISTRICT NO. 4
Authorized Officer
Attest:
Secretary
{00189469.DOC r I}
M`Geady Sisneros P.C.
r 450 E. 17`"Avenue, Suite 400
McGEADY SISNEROS r Denver, Colorado 80203-1214
303.592.4380 tel 303.592.4385 fax
� 30 www.mcgeadysisneros.com
2:5 u.t !o A ir'.
December 14, 2010
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Division of Local Government Weld County Board of County Commissioners
1313 Sherman St., Suite 521 P.O. Box 758
Denver, CO 80203 Greeley, CO 80632
Weld County Assessor Weld County Treasurer
1400 N. 17th Avenue 1400 N. 17th Avenue
Greeley, CO 80631 P.O. Box 458
Greeley, CO 80632
Weld County Clerk and Recorder Office of the State Auditor
1402 17th Avenue 225 E. 16th Ave., Suite 555
P.O. Box 459 Denver, CO 80203
Greeley, CO 80632
Weld County District Court (via LexisNexis
File & Serve)
Re: Pioneer Metropolitan District No. 5
Dear Sir or Madam:
Pursuant to Sections 32-1-104(3)(a) and (b), C.R.S.,please find enclosed a Special District
Notice of Inactive Status.
If you have any questions or concerns, please feel free to contact me.
Very truly yours,
MCGEADY SISNEROS,P.C.
Jennifer S. Henry
Paralegal
Enclosure
cc: Lisa Johnson, Special District Management Services, Inc. (via email)
{00190581.DOC v.1)
STAlh OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS /of ca
Division of Local Government i t-
1313 Sherman Street,Suite 521 •• .„ ♦•/
Denver,Colorado 80203
Phone: (303)866-2156
FAX: (303)866-4819
TDD: (303)866-5300
Title 32, Article 1 Special District Notice of Inactive Status
NOTICE IS HEREBY GIVEN by the Board of Directors
of the Pioneer Metropolitan District No. 5 District
in Weld County,
pursuant to subsection 32-1-104(3)(a) C.R.S., the District is an Inactive Special District
having adopted a resolution (attached) describing and affirming the District's qualification
for this status as defined by C.R.S. 32-1-103(9.3) and that said district is in compliance
with each of the requirements specified in subsection 32-1-104(5) C.R.S. The Board of
Directors adopted such resolution at a public meeting held: November 16 , 2010
declaring the District Inactive beginning: December 15 , 2010
NOTICE IS FURTHER GIVEN, pursuant to subsection 32-1-104(4), during the period that
the District is on inactive status, it shall not issue any debt, impose a mill levy, or conduct
any other official business other than to conduct elections and to undertake procedures
necessary to implement the district's intention to return to active status.
District Contact Person: MaryAnn M. McGeady Phone: 303-592-4380
Contact Signature: 1/Mcf..) e a,m. s-v Date: (a l( -1l f I )
Contact Email Address: mmcgeady@mcgeadysisneros. mandIjohnson@sdmsi.com
District Board Chair: Toni Serra
District Business Address: Lisa Johnson
Business Address (cont.) 141 Union Blvd., Suite 150
Address City/State/Zip: Lakewood, Colorado 80228
Generally, per C.R.S. 32-1-104(5), Inactive Special Districts shall be exempt from compliance with the provisions of:
• 32-1-104(2)-Annual January 15th Contact Filing; • Title 29,Art 1, Part 2-List of Contracts
• 32-1-306-Annual January 1st Map Filing • Title 29,Art 1, Part 6-Audit Law
• 32-1-809-Annual January 15th Notice to Electors • Title 39,Art 1, Part 1 -Notices of Boundary Change, Intent to
• 32-1-903-Meetings Levy
• Title 29,Art 1, Part 1 - Budget Law • Title 39,Art 5, Part 1 -Annual Mill Levy Certification
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, on or before December 15th file this Notice of Inactive 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.
Revised 12/03/2010
RESOLUTION NO. 2010-11- b(
RESOLUTION DECLARING
PIONEER METROPOLITAN DISTRICT NO. 5 INACTIVE
WHEREAS, the Pioneer Metropolitan District No. 5 (the "District") is a quasi-municipal
corporation and political subdivision of the State of Colorado; and
WHEREAS, the District operates under its Service Plan ("Service Plan") and pursuant to
the Colorado Revised Statutes; and
WHEREAS, Section 32-1-104(3)(a), C.R.S. (the"Inactive Status Law"), provides that the
board of directors of a special district may determine it is inactive by adopting a resolution to
affirm that it has met the requirements of the Inactive Status Law and directing that a Notice of
Inactive Status be filed as directed in the Inactive Status Law; and
WHEREAS, the District is in a pre-development stage; and
WHEREAS, there are no residents within the District boundaries, other than those living
there prior to the formation of the District; and
WHEREAS, there are no business or commercial ventures existing within the District
boundaries; and
WHEREAS, the District has not issued any general obligation or revenue debt; and
WHEREAS, the District does not have any financial obligations outstanding or contracts in
effect that require performance by the District during the time the District is inactive; and
WHEREAS, the District has not imposed a mill levy for tax collection in the current fiscal
year; and
WHEREAS, the District does not anticipate the receipt of any revenue; and
WHEREAS, the District has no planned expenditures, except for statutory compliance, in
the current fiscal year; and
WHEREAS, the District has no operation or maintenance responsibility for any facilities;
and
WHEREAS, the District has met the requirements of the Inactive Status Law and desires to
affirm its qualifications and direct that required notice of inactive status, in the form provided by
the Division of Local Government (the"Notice of Inactive Status"), be filed pursuant to the
Inactive Status Law.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
PIONEER METROPOLITAN DISTRICT NO. 5, AS FOLLOWS:
{00189471.DOC va
1. The Board of Directors ("Board") of the District does hereby affirm that, as stated
in the Recitals of this Resolution, it has met the requirements of the Inactive Status Law.
2. The Board hereby directs that a Notice of Inactive Status be sent by certified mail,
return receipt requested (except where electronic filing is required by the receiving entity), to be
filed with the following entities:
(a) The Board of County Commissioners and/or the City Council of each
county and/or city that approved its Service Plan;
(b) The Treasurer, Assessor and Clerk and Recorder of the county or counties
in which the District is located;
(c) The District Court having jurisdiction over the formation of the District;
(d) The State Auditor;
(e) The Division of Local Government ("Division").
3. The Notice of Inactive Status shall be filed on or before December 15th of the year
in which this Resolution is adopted and the District's inactive status shall be effective
immediately.
4. The District shall be in compliance with Section 32-1-104(5), C.R.S., at the time of
filing of the Notice of Inactive Status.
5. The District acknowledges that during the period of inactive status, it is prohibited
from:
(a) Issuing any debt;
(b) Imposing a mill levy; and
(c) Conducting any other official business other than to conduct elections and
to undertake procedures necessary to implement the District's intention to continue in inactive
status or return to active status.
6. The District acknowledges that during the period of inactive status, it shall be
exempt from statutory requirements including, but not limited to:
(a) Adopting and filing an annual budget;
(b) Entering into and reporting intergovernmental agreements;
(c) Annually filing a certified audit or application for exemption from audit;
(d) Annually filing a boundary map of the District;
(e) Annually filing the transparency notice;
(00189471.DOC e I; 2
•
(f) Holding regular meetings; and
(g) Annually filing District contact information.
7. The District acknowledges that it has certain outstanding financial obligations,
which obligations do not require performance during the period of inactivity. The District is in
receipt of letters of agreement signed by each of the affected entities acknowledging that the
District's outstanding financial obligations to those entities do not require performance during the
period of inactivity.
8. The President of the District or, in the event the President is not available, any other
member of the Board or their designee (the "Authorized Officer"), shall be authorized and is
hereby directed by the Board to cause such actions to be taken as may be necessary, including but
not limited to the adoption of a resolution to conduct regular elections of the District during the
period of inactive status and to seek funding for such activities from the developer or owner(s) of
property within the District's boundaries, if necessary.
9. The District acknowledges that during the period of inactive status it may still be
required to file reports or provide notices under the provisions of its Service Plan, pursuant to any
applicable rules or requirements of the jurisdiction(s) that approved the Service Plan, and/or
pursuant to other applicable laws ("Jurisdictional Requirements"). The Board hereby authorizes
and directs the Authorized Officer to comply with, or direct others to comply with, the
Jurisdictional Requirements during the period of inactive status and to seek funding for such
activities from the developer or owner(s) of property within the District's boundaries, if necessary.
10. The District shall remain in inactive status during the period commencing with the
filing of the Notice of Inactive Status until such time as it has filed a Notice of Return to Active
Status, as provided in the Inactive Status Law.
11. So long as the District is in inactive status, the Board hereby authorizes and directs
the Authorized Officer to poll the members of the Board on or before December 1 of each year
regarding the Board's direction regarding inactive status for the upcoming fiscal year.
(a) If the Board informs the Authorized Officer that they desire to remain in
inactive status, the Authorized Officer shall have the authority and is directed to cause the notice
of continuing inactive status to be filed, in the form provided by the Division (the "Notice of
Continuing Inactive Status"), for the next fiscal year. The Notice of Continuing Inactive Status
shall be filed on or before December 15 of such year with the State Auditor and the Division.
(b) If the Board informs the Authorized Officer that they desire to return to
active status, the Authorized Officer shall have the authority to adopt a District resolution
(substantially in the form attached hereto as Exhibit A) that declares the District's return to active
status and authorizes and directs the Authorized Officer to cause to be filed a notice of return to
active status, in the form provided by the Division (the"Notice of Return to Active Status"),
evidencing the District's determination to return to active status. The Notice of Return to Active
Status shall be filed with the State Auditor and the Division. The Board acknowledges that within
ninety (90) days of delivery of the Notice of Return to Active Status, the District is required to be
{00189471.DOC v:1) 3
in compliance with all legal requirements from which the District was exempt while in inactive
status.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
{00189471.DOC v:1} 4
[SIGNATURE PAGE TO RESOLUTION DELCARING PIONEER METROPOLITAN
DISTRICT NO. 5 INACTIVE]
APPROVED AND ADOPTED this I GlY1 day of November, 2010.
PIONEER METROPOLITAN DISTRICT NO. 5
Presi t
Attest: L)
Secretary
{001s9471.DOCv l) 5
EXHIBIT A
RESOLUTION NO.
RESOLUTION OF INTENT TO RETURN TO ACTIVE STATUS
WHEREAS, the Pioneer Metropolitan District No. 5 (the "District") is a quasi-municipal
corporation and political subdivision of the State of Colorado; and
WHEREAS, pursuant to Section 32-1-104(3)(a), C.R.S. (the "Inactive Status Law"), the
District has be in inactive status and has filed the requisite notices (the "Notices"); and
WHEREAS, the District has been in inactive status since the filing of the Notices; and
WHEREAS, in accordance with the Resolution adopted by the Board of Directors of the
District (the "Board") declaring the District inactive, the Authorized Officer has polled the Board
and the majority of the Board has determined the District should return to active status; and
WHEREAS, the Board desires to declare the District's return to active status in the
manner required by the Inactive Status Law.
NOW, THEREFORE, BE IT RESOLVED BY THE PIONEER METROPOLITAN
DISTRICT NO. 5, AS FOLLOWS:
1. The Board hereby declares the District's return to active status and hereby
authorizes and directs the Authorized Officer to file the notice of return to active status, in the
form provided by the Division of Local Government (the"Notice of Return to Active Status")
evidencing the District's determination to return to active status.
2. The Notice of Return to Active Status shall be sent by certified mail, return
receipt requested (except where electronic filing is required by the receiving entity),to be filed
with the following entities:
(a) The Board of County Commissioners and/or the City Council of each
county and/or city that approved its Service Plan; and
(b) The Treasurer, Assessor and Clerk and Recorder of the county or counties
in which the District is located; and
(c) The District Court having jurisdiction over the formation of the District;
and
(d) The State Auditor; and
(e) The Division of Local Government ("Division").
{00189471.DOC va}
3. The Board acknowledges that within 90 days of delivery of the Notice of Return
to Active Status, the District is required to be in compliance with all legal requirements for
which the District was exempt while in an inactive status.
APPROVED AND ADOPTED this day of , 20
PIONEER METROPOLITAN DISTRICT NO. 5
Authorized Officer
Attest:
Secretary
{00189471.DOC v I}
needy Sisneros P.C.
t nr 450 E. 17`"Avenue, Suite 400
McGEADY SISNEROS i Denver, Colorado 80203-1214
303.592.4380 tel 303.592.4385 fax
b A 2: 30 www.mcgeadysisneros.com
December 14, 2010
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Division of Local Government Weld County Board of County Commissioners
1313 Sherman St., Suite 521 P.O. Box 758
Denver, CO 80203 Greeley, CO 80632
Weld County Assessor Weld County Treasurer
1400 N. 17th Avenue 1400 N. 17th Avenue
Greeley, CO 80631 P.O. Box 458
Greeley, CO 80632
Weld County Clerk and Recorder Office of the State Auditor
1402 17th Avenue 225 E. 16th Ave., Suite 555
P.O. Box 459 Denver, CO 80203
Greeley, CO 80632
Weld County District Court (via LexisNexis
File & Serve)
Re: Pioneer Metropolitan District No. 6
Dear Sir or Madam:
Pursuant to Sections 32-1-104(3)(a) and (b), C.R.S., please find enclosed a Special District
Notice of Inactive Status.
If you have any questions or concerns, please feel free to contact me.
Very truly yours,
MCGEADY SISNEROS,P.C.
CirVICAk--)S- kl@M?5--
Jennife
Paralegal
Enclosure
cc: Lisa Johnson, Special District Management Services, Inc. (via email)
•
;00190582.DOC v:l}
STAVE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS ,oe cow
Division of Local Government
1313 Sherman Street,Suite 521 +
Denver,Colorado 80203
"+ens'
Phone: (303)866-2156
FAX: (303)866-4819
TDD: (303)866-5300
Title 32, Article 1 Special District Notice of Inactive Status
NOTICE IS HEREBY GIVEN by the Board of Directors
of the Pioneer Metropolitan District No. 6 District
in Weld County,
pursuant to subsection 32-1-104(3)(a) C.R.S., the District is an Inactive Special District
having adopted a resolution (attached) describing and affirming the District's qualification
for this status as defined by C.R.S. 32-1-103(9.3) and that said district is in compliance
with each of the requirements specified in subsection 32-1-104(5) C.R.S. The Board of
Directors adopted such resolution at a public meeting held: November 16 , 2010
declaring the District Inactive beginning: December 15 , 2010
NOTICE IS FURTHER GIVEN, pursuant to subsection 32-1-104(4), during the period that
the District is on inactive status, it shall not issue any debt, impose a mill levy, or conduct
any other official business other than to conduct elections and to undertake procedures
necessary to implement the district's intention to return to active status.
District Contact Person: MaryAnn M. McGeady Phone: 303-592-4380
Contact Signature: Vs. µ._ .- •• Y _ Date: j a //
Contact Email Address: mmcgeady@mcgeadysisneros.com and Ijohnson@sdmsi.com
District Board Chair: Toni Serra
District Business Address: Lisa Johnson
Business Address (cont.) 141 Union Blvd., Suite 150
Address City/State/Zip: Lakewood, Colorado 80228
Generally, per C.R.S. 32-1-104(5), Inactive Special Districts shall be exempt from compliance with the provisions of:
• 32-1-104(2)-Annual January 15th Contact Filing; • Title 29,Art 1, Part 2-List of Contracts
• 32-1-306-Annual January 1st Map Filing • Title 29,Art 1, Part 6-Audit Law
• 32-1-809-Annual January 15th Notice to Electors • Title 39,Art 1, Part 1 -Notices of Boundary Change, Intent to
• 32-1-903-Meetings Levy
• Title 29,Art 1, Part 1 - Budget Law • Title 39,Art 5, Part 1 -Annual Mill Levy Certification
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, on or before December 15th file this Notice of Inactive 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.
Revised 12/03/2010
RESOLUTION NO. 2010-11- O
RESOLUTION DECLARING
PIONEER METROPOLITAN DISTRICT NO. 6 INACTIVE
WHEREAS, the Pioneer Metropolitan District No. 6 (the "District") is a quasi-municipal
corporation and political subdivision of the State of Colorado; and
WHEREAS, the District operates under its Service Plan ("Service Plan") and pursuant to
the Colorado Revised Statutes; and
WHEREAS, Section 32-1-104(3)(a), C.R.S. (the "Inactive Status Law"), provides that the
board of directors of a special district may determine it is inactive by adopting a resolution to
affirm that it has met the requirements of the Inactive Status Law and directing that a Notice of
Inactive Status be filed as directed in the Inactive Status Law; and
WHEREAS, the District is in a pre-development stage; and
WHEREAS, there are no residents within the District boundaries, other than those living
there prior to the formation of the District; and
WHEREAS, there are no business or commercial ventures existing within the District
boundaries; and
WHEREAS, the District has not issued any general obligation or revenue debt; and
WHEREAS, the District does not have any financial obligations outstanding or contracts in
effect that require performance by the District during the time the District is inactive; and
WHEREAS, the District has not imposed a mill levy for tax collection in the current fiscal
year; and
WHEREAS, the District does not anticipate the receipt of any revenue; and
WHEREAS, the District has no planned expenditures, except for statutory compliance, in
the current fiscal year; and
WHEREAS, the District has no operation or maintenance responsibility for any facilities;
and
WHEREAS, the District has met the requirements of the Inactive Status Law and desires to
affirm its qualifications and direct that required notice of inactive status, in the form provided by
the Division of Local Government (the "Notice of Inactive Status"), be filed pursuant to the
Inactive Status Law.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
PIONEER METROPOLITAN DISTRICT NO. 6, AS FOLLOWS:
(00189472.DOC v }
•
1. The Board of Directors ("Board") of the District does hereby affirm that, as stated
in the Recitals of this Resolution, it has met the requirements of the Inactive Status Law.
2. The Board hereby directs that a Notice of Inactive Status be sent by certified mail,
return receipt requested (except where electronic filing is required by the receiving entity), to be
filed with the following entities:
(a) The Board of County Commissioners and/or the City Council of each
county and/or city that approved its Service Plan;
(b) The Treasurer, Assessor and Clerk and Recorder of the county or counties
in which the District is located;
(c) The District Court having jurisdiction over the formation of the District;
(d) The State Auditor;
(e) The Division of Local Government ("Division").
3. The Notice of Inactive Status shall be filed on or before December 15th of the year
in which this Resolution is adopted and the District's inactive status shall be effective
immediately.
4. The District shall be in compliance with Section 32-1-104(5), C.R.S., at the time of
filing of the Notice of Inactive Status.
5. The District acknowledges that during the period of inactive status, it is prohibited
from:
(a) Issuing any debt;
(b) Imposing a mill levy; and
(c) Conducting any other official business other than to conduct elections and
to undertake procedures necessary to implement the District's intention to continue in inactive
status or return to active status.
6. The District acknowledges that during the period of inactive status, it shall be
exempt from statutory requirements including, but not limited to:
(a) Adopting and filing an annual budget;
(b) Entering into and reporting intergovernmental agreements;
(c) Annually filing a certified audit or application for exemption from audit;
(d) Annually filing a boundary map of the District;
(e) Annually filing the transparency notice;
(owI89472.DOC v ) 2
(f) Holding regular meetings; and
(g) Annually filing District contact information.
7. The District acknowledges that it has certain outstanding financial obligations,
which obligations do not require performance during the period of inactivity. The District is in
receipt of letters of agreement signed by each of the affected entities acknowledging that the
District's outstanding financial obligations to those entities do not require performance during the
period of inactivity.
8. The President of the District or, in the event the President is not available, any other
member of the Board or their designee (the "Authorized Officer"), shall be authorized and is
hereby directed by the Board to cause such actions to be taken as may be necessary, including but
not limited to the adoption of a resolution to conduct regular elections of the District during the
period of inactive status and to seek funding for such activities from the developer or owner(s) of
property within the District's boundaries, if necessary.
9. The District acknowledges that during the period of inactive status it may still be
required to file reports or provide notices under the provisions of its Service Plan, pursuant to any
applicable rules or requirements of the jurisdiction(s) that approved the Service Plan, and/or
pursuant to other applicable laws ("Jurisdictional Requirements"). The Board hereby authorizes
and directs the Authorized Officer to comply with, or direct others to comply with, the
Jurisdictional Requirements during the period of inactive status and to seek funding for such
activities from the developer or owner(s) of property within the District's boundaries, if necessary.
10. The District shall remain in inactive status during the period commencing with the
filing of the Notice of Inactive Status until such time as it has filed a Notice of Return to Active
Status, as provided in the Inactive Status Law.
11. So long as the District is in inactive status, the Board hereby authorizes and directs
the Authorized Officer to poll the members of the Board on or before December 1 of each year
regarding the Board's direction regarding inactive status for the upcoming fiscal year.
(a) If the Board informs the Authorized Officer that they desire to remain in
inactive status, the Authorized Officer shall have the authority and is directed to cause the notice
of continuing inactive status to be filed, in the form provided by the Division (the "Notice of
Continuing Inactive Status"), for the next fiscal year. The Notice of Continuing Inactive Status
shall be filed on or before December 15 of such year with the State Auditor and the Division.
(b) If the Board informs the Authorized Officer that they desire to return to
active status, the Authorized Officer shall have the authority to adopt a District resolution
(substantially in the form attached hereto as Exhibit A) that declares the District's return to active
status and authorizes and directs the Authorized Officer to cause to be filed a notice of return to
active status, in the form provided by the Division (the "Notice of Return to Active Status"),
evidencing the District's determination to return to active status. The Notice of Return to Active
Status shall be filed with the State Auditor and the Division. The Board acknowledges that within
ninety (90) days of delivery of the Notice of Return to Active Status, the District is required to be
(00189472.DOC v:1} 3
in compliance with all legal requirements from which the District was exempt while in inactive
status.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
{00189472.DOC r.l) 4
[SIGNATURE PAGE TO RESOLUTION DELCARING PIONEER METROPOLITAN
DISTRICT NO. 6 INACTIVE]
APPROVED AND ADOPTED this IIQday of November, 2010.
PIONEER METROPOLITAN DISTRICT NO. 6
4k-
Pres ent CL-
Attest:
Secre ar
{00189472.DOC v.1) 5
EXHIBIT A
RESOLUTION NO.
RESOLUTION OF INTENT TO RETURN TO ACTIVE STATUS
WHEREAS, the Pioneer Metropolitan District No. 6 (the "District") is a quasi-municipal
corporation and political subdivision of the State of Colorado; and
WHEREAS, pursuant to Section 32-1-104(3)(a), C.R.S. (the "Inactive Status Law"), the
District has be in inactive status and has filed the requisite notices (the "Notices"); and
WHEREAS, the District has been in inactive status since the filing of the Notices; and
WHEREAS, in accordance with the Resolution adopted by the Board of Directors of the
District (the "Board") declaring the District inactive, the Authorized Officer has polled the Board
and the majority of the Board has determined the District should return to active status; and
WHEREAS, the Board desires to declare the District's return to active status in the
manner required by the Inactive Status Law.
NOW, THEREFORE, BE IT RESOLVED BY THE PIONEER METROPOLITAN
DISTRICT NO. 6, AS FOLLOWS:
1. The Board hereby declares the District's return to active status and hereby
authorizes and directs the Authorized Officer to file the notice of return to active status, in the
form provided by the Division of Local Government (the "Notice of Return to Active Status")
evidencing the District's determination to return to active status.
2. The Notice of Return to Active Status shall be sent by certified mail, return
receipt requested (except where electronic filing is required by the receiving entity), to be filed
with the following entities:
(a) The Board of County Commissioners and/or the City Council of each
county and/or city that approved its Service Plan; and
(b) The Treasurer, Assessor and Clerk and Recorder of the county or counties
in which the District is located; and
(c) The District Court having jurisdiction over the formation of the District;
and
(d) The State Auditor; and
(e) The Division of Local Government("Division").
{00189472DOC v:1}
3. The Board acknowledges that within 90 days of delivery of the Notice of Return
to Active Status, the District is required to be in compliance with all egal requirements for
which the District was exempt while in an inactive status.
APPROVED AND ADOPTED this day of , 20
PIONEER METROPOLITAN DISTRICT NO. 6
Authorized Officer
Attest:
Secretary
(00189472.DOC v:11
Hello