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Home My WebLink About20192278.tiffCOLORADO Department of Local Affairs May 6, 2019 Bradley T. Neiman 1641 California St. Suite 300 Denver, CO 80202 Mr. Neiman/to whom it may concern, RECEIVED SEP 0 9 2019 WELD COUNTY COMMISSIONERS This notice concerns Legacy Park Metropolitan District No. 2, LGID No. 65458. In accordance with Colorado Revised Statute 32-1-710, the Division of Local Government (the "Division") is notifying the District of its intent to declare Legacy Park Metropolitan District No. 2 (the "District") dissolved. Based upon the information available to the Division, it appears: The District properly cancelled its May 3, 2016, regular election, but no candidates were elected • The District did not hold or properly cancel the May 8, 2018, regular election • The District has not filed a budget or notice of continuing inactive status as required by 32-1-104(3) since 2016 The District has not filed financial statements with the Office of the State Auditor since 2015 The District does not provide services If any of the information in this correspondence is incorrect, please contact the Division no later than thirty (30) days from receipt of this certified notice. Following this period, the Division will make a Declaration of Dissolution and move to request an order of dissolution from the applicable district court. Sincerely, Joe McConnell Division of Local Government Cc: Docono City Council, Weld BOCC, Don Sandoval (Division) Governor Jared Polis I Rick M. Garcia, Executive Director I Chantal Unfug, Division Director 1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.gov Strengthening Colorado Communities e9m rrrl u r) ; c a+; o n s Gc. % O -SR C OK) 09(09119 Oct/it/19 So (3;n de-r- DISTRICT COURT, WELD COUNTY, COLORADO 915 10th Street Greeley, Colorado 80632 ' COURT USE ONLY IN THE MATTER OF: LEGACY PARK METROPOLITAN DISTRICT NO. 2 Attorneys for the Division of Local Governments: PHILLIP J. WEISER, Attorney General EMILY BUCKLEY, No. 43002* Assistant Attorney General 1300 Broadway, 6th Floor Denver, CO 80203 Telephone: (720) 508-6403 Email: emily.buckley(a),coag.gov Case No. 05CV 1711 *Counsel of Record PETITION FOR ORDER AND CERTIFICATION OF DISSOLUTION OF SPECIAL DISTRICT COMES NOW the Division of Local Government ("the Division") of the Colorado Department of Local Affairs, by and through the Colorado Attorney General and undersigned counsel, and petitions the Court to certify the Division's Declaration of Dissolution of the Legacy Park Metropolitan District No. 2. As grounds for this petition, the Division states as follows: 1. The Legacy Park 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 of 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 has not received a copy of the District's budget for the past two consecutive years, nor has the Division received a certification of the District's election results from the most recent regular election. 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 responsibilities or will proceed to perforni 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. 1 5. The Division believes 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 and has not provided or attempted to provide any of the services or facilities for which the District was organized for two consecutive years and because the District has not responded to the Division's letter informing the District of the Division's intent to dissolve it. 6. Pursuant to § 32-1-710(1), C.R.S., the Division notified the District by first-class certified mail of the Division's intent to certify the District dissolved. Copies of the Notice and certified mail receipt numbered 7018 1 130 0000 4053 9602 are attached hereto as Exhibit 1, at pages 4-6. More than thirty days have passed since the Division notified the District of its intent to certify the District dissolved. 7. The Division has declared the District dissolved. The Division's Declaration of Dissolution is filed with this Court contemporaneously with this Petition as Exhibit 1 at pages 1-3. 8. The Division has provided notice of its application to this Court for certification of the Division's Declaration of Dissolution by sending true and complete copies of this Petition and the Declaration of Dissolution, by first-class U.S. mail to the interested parties listed on the attached Certificate of Service in accordance with § 32-1-710(3), C.R.S. The Division respectfully petitions the Court for certification of the dissolution of the Legacy Park Metropolitan District No. 1 and for an Order disposing of any of the assets of the District in accordance with § 32-1-708, C.R.S. Pursuant to § 32-1-801(3), the Division respectfully requests that the Court "make a determination on the division's declaration within thirty days after the declaration has been submitted." Dated this 30th day of August, 2019. PHILIP J. WEISER Attorney General s/ Emily B. Buckley EMILY B. BUCKLEY Assistant Attorney General Public Officials Unit State Services Section Attorneys for the Colorado Department of Local Affairs, Division of Local Governments *Counsel of Record CERTIFICATE OF SERVICE I hereby certify that on the 30111 day of August, 2019, I served the foregoing Petition. for Order and Certification of Dissolution of Special District and Declaration of Dissolution to the interested parties herein pursuant to § 32-1-710(3), C.R.S. by causing true and complete copies of same to be deposited in the U.S. mail, first-class postage prepaid at Denver, Colorado and electronically via Colorado Courts E -Filing, addressed to each of the following: Bradley Neiman Legacy Park Metro District No. 2 Miller & Associates, LLC 1641 California St. Suite 300 Denver, CO 80202 Board of Commissioners Weld County 1150OSt. Greeley, CO 80631 Weld County Assessor 1400 N. 171h Ave. Greeley, CO 80631 City Council City of Dacono 512 Cherry Avenue Greeley, CO 80631 Weld County Clerk and Recorder 1402 N. 17`h Ave. Greeley, CO 80631 3 Bradley T. Neiman Denver City Attorney's Office Municipal Operations City and County of Denver 201 West Colfax Avenue, #1207 Denver, CO 80202 Dianne D. Miller Miller & Associates, LLC 1641 California St. Suite 300 Denver, CO 80202 Matthew Paul Ruhland Collins Cockrel & Cole 390 Union Blvd., Suite 400 Denver, CO 80228-1556 Monica A. Rosenbluth Butler Snow LLP 1801 California Street Suite 5100 Denver, CO 80202 s/ Xari Serocki DISTRICT COURT, WELD COUNTY, COLORADO 915 10th Street Greeley, Colorado 80632 ' COURT USE ONLY IN THE MA 1"1 ER OF: LEGACY PARK METROPOLITAN DISTRICT NO. 2 Attorneys for the Division of Local Governments: PHILLIP J. WEISER, Attorney General EMILY B. BUCKLEY. No. 43002* Assistant Attorney General 1300 Broadway, 6`1' Floor Denver, CO 80203 Telephone: (720) 508-6157 Email: emily.buckley(ii),coag.gov Case No. 05CV1711 *Counsel of Record [PROPOSED] ORDER AND CERTIFICATION OF DISSOLUTION OF SPECIAL DISTRICT The Court, having received and considered the Division of Local Government's Declaration of Dissolution and Petition for Order and Certification of Dissolution of Special District and, having either received no objection to the Petition, or finding any objections without merit, hereby finds and orders as follows: The Division of Local Government ("the Division") has declared Legacy Park Metropolitan District No. 2 ("the District") dissolved and filed a Declaration of Dissolution and Petition for Order and Certification of Declaration of Dissolution of Special District pursuant to § 32-1-710(2), C.R.S. Upon review of the Division's Petition and Declaration of Dissolution, the Court finds that the District has failed to demonstrate that it has performed or will proceed to perform its statutory and/or service responsibilities and is therefore found to be inactive. Accordingly, the Court ORDERS that: I. The division petition is GRANTED and the Division's Declaration of Dissolution is hereby certified. The District's assets, if any, shall be disposed of pursuant to § 32-1-708, C.R.S. 2. The Clerk shall file a certified copy of this Order of Dissolution with the Weld County Clerk and Recorder and with the Division. Done this day of , 2019. BY THE COURT: 1 JUDGE 2 EXHIBIT 1 DECLARATION OF DISSOLUTION Pursuant to § 32-1-710, the Director of the Division of Local Government (the "Division") declares as follows: 1. The Legacy Park Metropolitan District No. 2 (the "District") is a quasi -municipal corporation and political subdivision of the state organized in 1978, pursuant to the provisions of Article 1 of Title 32, C.R.S., the "Special District Act." 2. Colorado law requires the Division to notify a district of the Division's intent to certify a district dissolved if, inter alia, "[t]he district has not provided or attempted to provide any of the services or facilities for which the district was organized for two consecutive years" and "the district has no financial obligations." Subparagraph 32-1-710(1)(a)(IV) and Paragraph (1)(b), respectively. 3. According to the Division's records and research, the District: While the district appears to have properly cancelled the May 3, 2016, regular election, there were no candidates elected. The district then failed to hold or properly cancel, pursuant to Article 1 of Title 32, its May 8, 2018, regular election. Thus leaving the district without any duly elected or appointed directors; Has failed to adopt a budget pursuant to section 29-1-108 C.R.S. for at least two consecutive years; Has failed to conduct and file an annual audit of its financial statements in compliance with Part 6 of Article 1 of Title 29 for at least two consecutive years; 4. The Division notified the District of the Division's intent to certify the District dissolved by certified mail, return receipt number 7018-1130-0000-4053-9602, on May 6, 2019, to the last available address the District supplied to the Division per requirements of 5 32-1-104(2) and published in the inventory of local government entities maintained pursuant to § 24-32-116 (see Exhibit A and Exhibit B). 5. More than 30 days have passed since the Division notified the District of its intent to certify the District dissolved. 6. The Division received the certified mail return receipt. However, it was not dated (see Exhibit A). 7. The District has failed to demonstrate to the Division that it has provided or attempted to provide any of the services or facilities for which the District was organized for at least two consecutive years. 8. Based upon review of the most recent available submission of the District's financial statements to the Office of the State Auditor, the District has been found to have no outstanding financial obligations as recognized by the Division. LGID #65458 Page 1 of 3 Additionally, the District did not respond to the Division's request within the notice of intent to dissolve. 9. There has been no evidence provided to the Division that indicates dissolution of the District will result in interruption of services to the area encompassed by the District. Therefore, according to the authority of the Division of Local Government to dissolve special districts by administrative action pursuant § 32-1-710, C.R.S., the Division hereby declares Legacy Park 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 Legacy Park Metropolitan District No. 2 with the District Court, La Plata County, Colorado; and if the Court determines the District to be qualified for administrative dissolution as required by law, the Court enter an Order and Certification of Dissolution dissolving the District and direct said Order and Certification of Dissolution be filed by the Clerk of the Court with the county or counties in which the District is located and with the Division in accordance with § 32-1-707(5) C.R.S. Dated this Thursday, June 06, 2019 Chantal Unfug, Director Division of Local Government Colorado Department of Local Affairs LGID #65458 Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that on the day of June 6, 2019, I served the within DECLARATION OF DISSOLUTION to the parties herein by depositing a true and complete copy of same in the United States mail, first-class postage prepaid at Denver, Colorado, addressed to each of the following: Board of Commissioners Weld County 1150 O St. P.O. Box 758 Greeley, CO 80631 County Assessor Weld County 1400 N. 17th Ave. Greeley, CO 80631 City Council City of Dacono 512 Cherry Avenue Dacono, CO 80514 Joe McConnell Local Government Services Division of Local Government Department of Local Affairs County Clerk and Recorder Weld County 1402 N. 17th Ave. Greeley, CO 80631 Bradley Neiman Legacy Park Metro District No. 2 c/o Miller Et Assocs Law Offices, LLC 1641 California Street, Suite 300 Denver, CO 80202 LGID 465458 Page 3o13 ti.S= postai Service CERTIFIED MAIL RECEIPT .usps.cam gamest c Vail Only w Uo - trl la, Oar C] $ g ` e.eat b' ___ 1 Ono,: x«c a _�—in 1211:3 D°"-...�rssr,ansu r.rn r po 4 ! 7 fotscoC Bradley Neiman 1s __ 1641 California St, cc,fi &,r c a Suite 300 r SCI` Denver, CO 80203-1214 U'y: 6Y__-• - PS Form 38GU Areal} 2555 PM' Past. ark Nero 11111111 IN11111111111111111111 9590 9402 3261 7196 6930 38 Articld ......—'."'ee Nummber (itsn sfer from service labe9 N ,8 1130 0000 4053 9602 COMPLETE TNiS SECTION ON DELIVERY ❑ Agent ` -- O Addressee =lurid by s :) '- C. Date of Delivery D. is delivery eddies., different term item 17 ❑ Yes If YES, enter delivery address below: L1 tin 3. Service Type ❑ Priority Mull Eapresea ❑ Adult Signature Restricted Delivery ered Will.R O Regy�Lt Malt Restricted O Cdua edSignaturein) retry O Goateed WA Delivery O Retain Receipt for O [oe.e..ton d WARestrictedtad Merchandise O Cdiect on Delivery Restricted Delivery ❑ Signature Ca'Mne6on^' O insured Mail O Si inneseS Confirmation O insured l Restricted Delivery Restricted DetiVely Domestic Return Receipt tent Omni S ID Name Basic Boundary Sync. Address? Contact Type Name Title Mailing Address Alt. Address Status Budget Contact Official DLG County I°u1r. Bradley IAttorney at Law 11641 California Street, Suite 300 Type CTF Director i Election ntact Certified T Icfo Miller & Associates Law Offices. LLC Mailing City State ZIP IDenver Work Phone Email Address 1303-285-5320 bneiman@ddrr alaw.com 30202 Fax 1303-285-5330 Finance ; Service Subdist. Duple Tracking 3 to N.a€k e Does Updated On l02 25 15 12:10 J Updated By IHCICHOCKI !Neiman User ID I.EF 5458X64' 1 Contact #, of RECEIVED JUN 1 4 2019 DECLARATION OF DISSOLUTION WELD COUNTY COMMISSIONERS Pursuant to § 32-1-710, the Director of the Division of Local Government (the "Division") declares as follows: 1. The Legacy Park Metropolitan District No. 2 (the "District") is a quasi -municipal corporation and political subdivision of the state organized in 1978, pursuant to the provisions of Article 1 of Title 32, C.R.S., the "Special District Act." 2. Colorado law requires the Division to notify a district of the Division's intent to certify a district dissolved if, inter alia, "[t]he district has.not provided or attempted to provide any of the services or facilities for which the district was organized for two consecutive years" and "the district has no financial obligations." Subparagraph 32-1-710(1)(a)(IV) and Paragraph (1)(b), respectively. 3. According to the Division's records and research, the District: • While the district appears to have properly cancelled the May 3, 2016, regular election, there were no candidates elected. The district then failed to hold or properly cancel, pursuant to Article 1 of Title 32, its May 8, 2018, regular election. Thus leaving the district without any duly elected or appointed directors; Has failed to adopt a budget pursuant to section 29-1-108 C.R.S. for at least two consecutive years; • Has failed to conduct and file an annual audit of its financial statements in compliance with Part 6 of Article 1 of Title 29 for at least two consecutive years; 4. The Division notified the District of the Division's intent to certify the District dissolved by certified mail, return receipt number 7018-1130-0000-4053-9602, on May 6, 2019, to the last available address the District supplied to the Division per requirements of § 32-1-104(2) and published in the inventory of local government entities maintained pursuant to § 24-32-116 (see Exhibit A and Exhibit B). 5. More than 30 days have passed since the Division notified the District of its intent to certify the District dissolved. 6. The Division received the certified mail return receipt. However, it was not dated (see Exhibit A). 7. The District has failed to demonstrate to the Division that it has provided or attempted to provide any of the services or facilities for which the District was organized for at least two consecutive years. 8. Based upon review of the most recent available submission of the District's financial statements to the Office of the State Auditor, the District has been found to have no outstanding financial obligations as recognized by the Division. cc'.144k(DYI Gomm QGO,-kionS Co/Ictilct 2019-2278 LGID #65458 Page 1 of 3 Additionally, the District did not respond to the Division's request within the notice of intent to dissolve. 9. There has been no evidence provided to the Division that indicates dissolution of the District will result in interruption of services to the area encompassed by the District. Therefore, according to the authority of the Division of Local Government to dissolve special districts by administrative action pursuant § 32-1-710, C.R.S., the Division hereby declares Legacy Park 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 Legacy Park Metropolitan District No. 2 with the District Court, La Plata County, Colorado; and if the Court determines the District to be qualified for administrative dissolution as required by law, the Court enter an Order and Certification of Dissolution dissolving the District and direct said Order and Certification of Dissolution be filed by the Clerk of the Court with the county or counties in which the District is located and with the Division in accordance with § 32-1-707(5) C.R.S. Dated this Thursday, June 06, 2019 Chantal Unfug, Director Division of Local Government Colorado Department of Local Affairs LGID #65458 Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that on the day of June 6, 2019, I served the within DECLARATION OF DISSOLUTION to the parties herein by depositing a true and complete copy of same in the United States mail, first-class postage prepaid at Denver, Colorado, addressed to each of the following: Board of Commissioners Weld County 1150 O St. P.O. Box 758 Greeley, CO 80631 County Assessor Weld County 1400 N. 17th Ave. Greeley, CO 80631 City Council City of Dacono 512 Cherry Avenue Dacono, CO 80514 Joe McConnell Local Government Services Division of Local Government Department of Local Affairs County Clerk and Recorder Weld County - 1402 N. 17th Ave. Greeley, CO 80631 Bradley Neiman Legacy Park Metro District No. 2 c/o Miller Et Assocs Law Offices, LLC 1641 California Street, Suite 300 Denver, CO 80202 LGID #65458 Page 3 of 3 u Active y Park Metropolitan District N Basic Bnundar, l Budoet Contact C Sync. Addre Contact Type. Name Title 'I'n Address Alt, Address Mailing City pork Phone Ernall Address Official DLG (Attorney at Law letrrspslitan Districts (32-1-103 Linty 1 CTF j Direct! r Electicn Finance Bradley 1641 California Street .Suite 300 lc/°o Miller & Associates Law Offices, LLC to ZlP Denver CO I ,u02n2 I3032665320 Fax 13034265-5330 neirrian@ddmalaw.com =at !'to Clir Joe ru US Postal SerV CERTIFIED MAILL') RECEIPT Domestic" �datt Jnty, u+ivcry,itltormat °n, uts c to sweet! Y in a � �� Mae R�°d Cci i Mul a riaCiVil°d QAq°4d Signat1° Re t fr1 Gt t Bradley Neiman '--' 1641 California St, Suite 300 Denver, CO 80203-1214 — CbSt1C s. cam""•i ur Wai LM wxusP _... Apr tr 2Cr' 5 PS6 ,4 "rtxt t Postmark Here 9590 mpzA261 7196 lNl NN IVIINlI0 38 2, Article Number f hansfer from service iebevj ,8 1130 0000 4053 9602 COMPLETE CJ Agent © Address C. Date of Delivery • t is d t from ttem 1? D. Is delivery address • � . If YES, enter delivery address below. © Na 3, Service Type 1 Priority Mail Registered MaiiExpressed n Adult O Adult Signature gnature Restricted Dedvery D yr0 Caddied WAri Mail Restricted Restricted Delivery O ONO for O Ceded on Delivery qinsured Collect � Restricted Delivery l Cl Signature Condonation O Insured Mall Restricted Deliver) Restricted Delivery over Domestic Return Receipt Hello