HomeMy WebLinkAbout20080272.tiff DISTRICT COURT
WELD COUNTY, COLORADO
Weld County Courthouse
901 Ninth Avenue, P.O. Box 2038
Greeley, CO 80631/80632
970-351-7300
IN RE THE MATTER OF HUNTER HILL
METROPOLITAN DISTRICT NO. 2
COURT USE ONLY s
Attorneys for the Colorado Department of Local
Affairs,Division of Local Governments: Case No.
JOHN W. SUTHERS, Attorney General
MAURICE G. KNAIZER, Deputy Attorney General*
1525 Sherman Street, 7th Floor
Denver, CO 80203
Telephone: (303) 866-5380
*Counsel of Record
DISTRICT COURT CIVIL (CV) COVER SHEET FOR INITIAL PLEADING OF
COMPLAINT, COUNTER-CLAIM OR THIRD PARTY COMPLAINT
I. This cover sheet shall be filed with the initial pleading of a complaint,counter-claim,cross-claim or third
party complaint in every district court civil(CV)case. It shall not be filed in Domestic Relations(DR),
Probate(PR),Water(CW),Juvenile(JA,JR,JD,JV),or Mental Health(MH)cases.
2. Check the boxes applicable to this case.
❑ Simplified Procedure under C.R.C.P. 16.1 applies to this case because this party does
not seek a monetary judgment in excess of$100.000.00 against another party,
including the attorney fees,penalties or punitive damages but excluding interest and
costs and because this case is not a class action or forcible entry and detainer,Rule 106,
Rule 120,or other expedited proceeding.
❑ Simplified Procedure under C.R.C.P. 16.1 does not apply to this case because(check
one box below identifying why 16.1 does not apply):
9 This is a class action or forcible entry and detainer, Rule 106,Rule 120,or
other similar expedited proceeding,or
9 This party is seeking a monetary judgment for more than$100,000.00 against
another party,including any attorney fees,penalties or punitive damages,but
excluding interest and costs(see C.R.C.P. I6.1(c)),or
9 Another party has previously stated in its cover sheet that C.R.C.P. 16.1 does
not apply to this case. nais-eCVO M m u A,[!C/{40AI j U4 11
2008-0272
( -Da'
O This party makes a Jury Demand at this time and pays the requisite fee. See C.R.C.P.
38. (Checking this box is optional.)
Dated: December 27, 2007
JOHN W. SUTHERS
Attorney General
s/Maurice G. Knaizer (signature on file)
MAURICE G. KNAIZER, 05264*
Deputy Attorney General
Public Officials Unit
State Services Section
Attorneys for Colorado Department of Local
Affairs, Division of Local Governments
*Counsel of Record
NOTICE
This cover sheet must be filed in all District Court Civil(CV)Cases. Failure to file this cover sheet not a
jurisdictional defect in the pleading but it may result in a clerk's show cause order requiring its filing.
J This cover sheet must be served on all other parties along with the initial pleading of a complaint,
counterclaim,cross-claim,or third party complaint.
J This cover sheet shall not be considered a pleading for purposes of C.R.C.P. 11.
DISTRICT COURT
WELD COUNTY,COLORADO
Weld County Courthouse
901 Ninth Avenue, P.O. Box 2038
Greeley, CO 80631/80632
970-351-7300
IN RE THE MATTER OF HUNTER HILL
METROPOLITAN DISTRICT NO. 2
COURT USE ONLY
Attorneys for the Colorado Department of Local
Affairs,Division of Local Governments: Case No.
JOHN W. SUTHERS,Attorney General
MAURICE G. ICNAIZER,Deputy Attorney General*
1525 Sherman Street, 7th Floor
Denver, CO 80203
Telephone: (303) 866-5380
*Counsel of Record
PETITION FOR ORDER AND CERTIFICATION OF
DISSOLUTION OF SPECIAL DISTRICT
COMES NOW the Colorado Department of Local Affairs, Division of Local
Government ("the Division")by and through their attorney, the Colorado Attorney General,
and petitions the Court to certify the Division's Declaration of Dissolution of the Hunter Hill
Metropolitan District No. 2. As grounds for this petition the Division states:
I. The Hunter Hill Metropolitan District No. 2 ("the District") is a quasi-municipal
corporation and political subdivision organized pursuant to the provisions of article 1 of
title 32, C.R.S.
2. Colorado law requires that title 32 special districts file certified copies of their annual
budgets with the Office of the Division of Local Government in the Department of Local
Affairs and hold or properly cancel elections. Sections 29-1-116 and 32-1-801 to 835,
C.R.S.,respectively.
3. The Division believes that administrative dissolution of the District pursuant to § 32-1-
710, C.R.S. is appropriate, because the District has failed to hold or properly cancel an
election, has failed to adopt a budget pursuant to § 29-1-108, C.R.S. for two consecutive
years, and has failed to comply with part 6 of article 1 of title 29, C.R.S. ("Colorado
Local Government Audit Law") for two consecutive years.
4. Pursuant to § 32-1-710(2)(a), C.R.S., the Division is authorized to declare a special district
dissolved if the district has failed to demonstrate to the Division that the district has
performed its statutory or service responsibility or will proceed to perform such
responsibilities. Pursuant to § 32-1-710(2)(b), C.R.S., there is a presumption of such failure
if the district has failed to hold or properly cancel an election, no board has been appointed
pursuant to § 32-1-905(2.5), C.R.S., and there will be no interruption of services being
provided by the district.
5. The Division believes that administrative dissolution of the District pursuant to § 32-1-
710, C.R.S. is appropriate, because the District has failed to hold or properly cancel an
election, has failed to adopt a budget pursuant to § 29-1-108, C.R.S. for two consecutive
years, and has failed to comply with part 6 of article 1 of title 29, C.R.S. ("Colorado
Local Government Audit Law") for two consecutive years.
6. Pursuant to § 32-1-710(1),C.R.S., the Division attempted to notify the District by first-class
certified mail of the Division's intent to certify the District dissolved. More than thirty days
have passed since the Division attempted to notify the District of its intent to certify the
District dissolved. The Division's Notice was returned by the United States Postal Service
marked"refused/unable to forward." Copies of the Notice and the returned envelope
(including certified mail receipt numbered 7006-0100-0006-7680-0906) are attached hereto
as Exhibits A and B respectively. The Division subsequently contacted Collins Cockrell&
Cole, the law firm instrumental in the District's initial creation. In a letter dated September
7,2007, that law firm indicated it no longer represented the District,but it nonetheless
believed the District was no longer conducting business activities. A copy of the letter is
attached hereto as Exhibit C.
7. More than thirty days have passed since the Division attempted to notify the District by
certified mail, during which time the District has not objected and has failed to demonstrate
to the Division that the District has performed or will proceed to perform its statutory and/or
service responsibilities. The Division has therefore declared the District to be dissolved. The
Division's Declaration of Dissolution is attached hereto as Exhibit D.
8. The Division has provided notice of its application to this Court for certification of the
Division's Declaration of Dissolution by mailing true and complete copies of this Petition
and its attachments, including the Declaration of Dissolution, to the interested parties listed
on the attached Certificate of Service by first-class U.S. mail.
9. The Division has provided notice of its application to this Court for certification of the
Division's Declaration of Dissolution by mailing true and complete copies of this Petition
and its attachments, including the Declaration of Dissolution, to the interested parties listed
on the attached Certificate of Service by first-class U.S. mail.
2
The Division respectfully petitions the Court for certification of the dissolution of the Hunter
Hill Metropolitan District No. 2 and for an Order disposing of any of the assets of the District in
accordance with § 32-1-708,C.R.S.
Dated this 27th day of December, 2007.
JOHN W. SUTHERS
Attorney General
s/Maurice G. Knaizer (signature on file)
MAURICE G. KNAIZER, 05264*
Deputy Attorney General
Public Officials Unit
State Services Section
Attorneys for the Colorado Department of Local
Affairs, Division of Local Governments
*Counsel of Record
3
CERTIFICATE OF SERVICE
I hereby certify that on the 27th day of December, 2007, I served the foregoing
Petition for Order and Certification of Dissolution of Special District and attachments
including the Declaration of Dissolution to the interested parties herein pursuant to § 32-1-
710(3), C.R.S.by causing a true and complete copy of same to be deposited in the U.S. mail,
first-class postage prepaid at Denver, Colorado, addressed to each of the following:
Hunter Hill Metropolitan District No. 2 Steve Moreno
c/o James J. Doke Weld County Clerk and Recorder
1425 County Road 32 P.O. Box 459
Longmont, CO 80504 Greeley, CO 80632
Christopher M. Woodruff Board of County Commissioners
Weld County Assessor Weld County
1400 N. 17`h Avenue 915 Tenth Street
Greeley, CO 80631 P.O. Box 758
Greeley, CO 80632
s/Thomas R. Bovee (signature on file)
THOMAS R. BOVEE
Legal Assistant
State Services Section
Office of the Attorney General
4
DISTRICT COURT
WELD COUNTY, COLORADO
Weld County Courthouse
901 Ninth Avenue, P.O. Box 2038
Greeley, CO 80631/80632
970-351-7300
COURT USE ONLY
IN RE THE MATTER OF HUNTER HILL Case No.
METROPOLITAN DISTRICT NO. 2
ORDER AND CERTIFICATE OF DISSOLUTION OF SPECIAL DISTRICT
The Court, having received and considered the Declaration of Dissolution, the Petition
for Order and Certification of Dissolution of Special District and the attached exhibits, and
having either received no objection to the Petition, or finding any objections without merit,
hereby finds and orders as follows:
Pursuant to § 32-1-710(2), C.R.S., the Division of Local Government has declared the
Hunter Hill Metropolitan District No. 2 dissolved.
The Division of Local Governments filed its Petition for Certification of Declaration of
Dissolution.
Upon review of the Division of Local Government's Petition for Certification of
Declaration of Dissolution, this Court finds that the Hunter Hill Metropolitan District No. 2 has
failed to demonstrate that it has performed or will proceed to perform its statutory and/or service
responsibilities.
The Hunter Hill Metropolitan District No. 2 is inactive.
Therefore,it is ordered that the Hunter Hill Metropolitan District No. 2 be dissolved and
the special district's assets, if any, be disposed of pursuant to § 32-1-708, C.R.S.
Dated this day of , 200 .
BY THE COURT
JUDGE
•
STATE OF COLO '
DEPARTMENT OF LOCAL AFFAIRS
1313 Sherman Street,Suite 521
Denver,Colorado 80203
Phone: (303)866-2771 «: C9 ' *
FAX: 1303)866-4819 ran•
TDD: (303)866-5300 August 7,2007
Bill Ritter,1r.
Governor
E.IGrkpatrick
Mr James J Doke �tiw Drector
Hunter Hill Metropolitan District No.2
1425 County Rd 32
Longmont CO 80504
Dear Hunter Hill Metropolitan District No.2:
In accordance with Colorado Revised Statute 32-1-710,the Division of Local Government(the division)
is notifying you of its intent to declare Hunter Hill Metropolitan District No.2 dissolved. Based upon the
information available to the division,we believe that the district:
- Has failed to hold or properly cancel an election;
- Has failed to adopt a budged,pursuant to section 29-1-108,C.R.S.for two consecutive years;
- Has failed to comply with part 6 of article 1 of Title 29,C.R.S.,for two consecutive years;
and the district has no outstanding financial obligations.
Per C.R.S. 32-1-710(2)(a)the division may declare the special district dissolved if,within thirty days of
receipt of this notice provided pursuant to subsection(1)of this section,the district has failed to
demonstrate to the division that the district has performed such statutory or service responsibility or will
proceed to perform such responsibilities within a time period agreed to by the division and the district.
Furthermore,(C.R.S.32-I-710(2)(b))If the district has failed to hold or properly cancel an election,no
board has been appointed pursuant to section 32-1-905(25),and there will be no interruption of services
being provided by the district,it shall be presumed that the district has failed to demonstrate to the
division that it has performed its statutory or service responsibility or will proceed to perform such
responsibilities.
If any of the information in this correspondence is incorrect,please contact the division no later than 30
days from receipt of this certified notice. For those districts who want to be administratively dissolved
please respond to the division in writing. Provide a brief recitation of the reasons why you need to be
dissolved by the division,and why you are no longer providing services as a special district.
Sincerely,
S- / Vtatat
Terri L. Maulik
District Election Specialist
Certified Mail Receipt Number: 7006-0100-0006-7680-0906
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COLLINS COCKREL & COLE
A PROFESSIONAL CORPORATION
PAUL R.COCKREL ATTORNEYS AT LAW JAMES M.MOCK
JAMES P.COLLINS 390 UNION BOULEVARD,SUITE 400 BECKY R.LENNON
ROBERT G.COLE DENVER.COLORADO 80228-1558
TIMOTHY J.FLYNN ERIC C.JORGENSON
EVAN D.ELA TELEPHONE: 303-988-1581 OF COUNSEL
LINDA G.ALEXANDER TOLL FREE: 800-364-5941
DAVID A.GREHER FACSIMILE: 303-088-1755 DIRECT EMAIL
pcockrelecceirincom
wyl W.000flnn.com
Received
September 7, 2007
SEP 1 6 •.•/
D.pt.of Loos[ Affs=M
Christy A. Reeves,Director of Local Government Audits
Office of the State Auditor
225 East 16th Avenue, Suite 555
Denver,Colorado 80203
Re: Hunter Hill Metropolitan District Nos. 1 and 2
Dear Ms. Reeves:
I acknowledge receipt of your letters dated September 1,2007 regarding the
annual financial reports of Hunter Hill Metropolitan District Nos. 1 and 2 for the period
ending December 31, 2006. This law firm was involved initially with the organization
and representation of the Districts. We have not been engaged by the Districts for the last
several years.
The Division of Local Governments has also provided notices of failure to file
various documents in accordance with statutory requirements. We have communicated
the same information to the Division of Local Governments. To my knowledge, this
District is not conducting any business activities and has not incurred any debt. If you
have any question,please advise.
Sincerely,
Paul R. Cockrel
/hre
cc: Susanna Lienhard,Division of Local Government&
G:K'Iicnls\Hunter Hill MctmLLcnerslDLG Audits-Not
Engagcd.doc #14-00,41.4.,
DISTRICT COURT
WELD COUNTY,COLORADO
Weld County Courthouse
901 Ninth Avenue, P.O. Box 2038
Greeley, CO 80631/80632
970-351-73100
IN RE THE MATTER OF HUNTER HILL
METROPOLITAN DISTRICT NO. 2
a COURT USE ONLY a
Attorneys for the Colorado Department of Local Case No.
Affairs,Division of Local Governments:
JOHN W. SUTHERS,Attorney General
MAURICE G. KNAIZER,Deputy Attorney General*
1525 Sherman Street, 7'h Floor
Denver, CO 80203
Telephone: (303) 866-5380
Attorney Reg. No. 05264
*Counsel of Record
DECLARATION OF DISSOLUTION
The Colorado Department of Local Affairs, acting through the Division of Local
Government("the Division"), and the Director of the Division of Local Government("the
Director"),pursuant to § 32-1-710,C.R.S., declare as follows:
1. The Hunter Hill Metropolitan District No. 2 ("the District") is a quasi-municipal
corporation and political subdivision organized pursuant to the provisions of article 1
of title 32, C.R.S., "Special Districts Act."
2. Colorado law requires that Title 32 special districts file certified copies of their annual
budgets with the Office of the Division of Local Government in the Department of
Local Affairs,hold or properly cancel elections, and conduct annual audits. Sections
29-1-113, 32-1-801 to 835, and 29-1-603,C.R.S.,respectively.
3. The Division believes that administrative dissolution of the District pursuant to § 32-
1-710,C.R.S. is appropriate, because the District has failed to hold or properly cancel
an election, has failed to adopt a budget pursuant to § 29-1-108, C.R.S. for two
consecutive years, and has failed to comply with part 6 of article 1 of title 29, C.R.S.
("Colorado Local Government Audit Law") for two consecutive years.
s Exhibit D-
4. The Division attempted to notify the District by first-class certified mail (return
receipt number 7006-0100-0006-7680-0906)of the Division's intent to certify the
District dissolved. The Division's Notice was returned marked"refused/unable to
forward." The Division attempted to contact the District through the law firm
instrumental in the District's initial organization,but no updated contact information
for the District was available and the law firm has informed the Division that it
believed the District to be inactive.
5. More than 30 days have passed since the Division attempted to notify the District of
its intent to certify the District dissolved, during which time the District has not
objected and has failed to demonstrate to the Division that the District has performed
or will proceed to perform its statutory and/or service responsibilities.
6. Based upon the information available,the Director believes that the District is not
currently providing services and has no outstanding financial obligations.
7. There is a presumption that the District has failed to perform and will not perform its
statutory and/or service responsibilities.
Pursuant to the authority of the Division of Local Government to dissolve special districts
by administrative action pursuant to § 32-1-710, C.R.S.,the Division hereby declares the
Hunter Hill Metropolitan District No. 2 to be dissolved. Furthermore,the Division hereby
requests that the Colorado Attorney General file a Petition for Order and Certification of
Dissolution of the Hunter Hill Metropolitan District No. 2 with the District Court, Weld
County, Colorado,and that the Court enter an Order and Certification of Dissolution if the
Court determines the District to be inactive, as required by law.
Dated thistWay of November,2007.
CHARLES T. UNSELD
Deputy Director
Division of Local Government
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