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Home My WebLink About20190367.tiffDISTRICT COURT, WELD COUNTY, 901 9th Avenue Greeley, Colorado 80631 COLORADO COURT USE ONLY S IN THE METROPOLITAN MATTER OF: WINTER FARM DISTRICT NO. 3 Attorneys PHILIP EMILY Assistant LINDSEY Assistant 1300 Denver, Telephone: Email: *Counsel for the J. WEISER, BUCKLEY, Attorney " . Attorney Broadway,6111 CO 80203 (720) emily.buckley@coag.gov lindsey.:Knapton@coag.gov of Record APTON, 508-6403, Division of Local Governments: Case No. 2000CV1013 F4F''uI-rvr JAN 2 3 2019 WELD COUNT* COMMISSIONERS Attorney General No.4 002 General No. 52531* General Fellow Floor (720) 508-6189 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 Winter Farm Metropolitan District No. 3. As grounds for this petition, the Division states as follows: 1. The Winter Farm Metropolitan District No. 3 ("the District") is a quasi -municipal corporation and political subdivision organized pursuant to the provisions of Article 1 of Title 32, G.R., the "Special District Act." 2. Colorado law requires that Title 32 special districts f l e certified copies of their annual budgets with the office of the Division of Local Government of the Department of Local Affairs, conduct and file an annual audit of its financial statements with the state auditor, and hold or properly cancel elections. §§ 29-1-108, 29-1-601 to 608, and 32-1-801 to 835, G.R. ., respectively. 3. The Division has not received a copy of the District's budget or annual audit of its financial statements for the past two consecutive years, nor has the Division received certifications of the District's election results from the most recent regular elections. 4. Pursuant to § 32-1-710(2)(a), G.R.. ., 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 perform such responsibilities. Pursuant to § 32-1-710(2)(b), CRS., ., there is a presumption of such failure if the district has failed to hold or properly cancel an election, no board has been appointed U,nrrt ckea&tS k 122:4 0, r Q,.. ' 3 vane% 2019-0367 5Dt pursuant to § 32-1-905(2.5), C.R. ., and there will be no interruption of services being provided by the district. 5. The Division believes administrative dissolution of the District pursuant to § 32-1-710, ,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 7018-1130-0000-4053-9503 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, 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. 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 Dis solu.ti on 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 Winter Farm Metropolitan District No. 3 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 17th day of January, 2019. 2 PHILIP J. WEISER Attorney en eral si Emily B. Buckley EMILY B. BU KLEY * Assistant Attorney General LINDSEY EY KNAPTON* TO Assistant Attorney General Fellow 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 17th day of J anu ary, 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 sewed via Colorado Courts E -Filing or via U.S. mail, first-class postage prepaid at Denver, Colorado, addressed to each of the following: Board of Commissioners Weld County 1150 0 Street PO Box 758 Greeley, CO 80631 County Assessor Weld County 1400 N. 17th Avenue Greeley, CO 80631 County Clerk and Recorder Weld County 1402 N. 17th Avenue Greeley, CO 80631 Town Board Town of Windsor 301 Walnut Street Windsor, CO 80550 3 Winter Farm Metropolitan District No. 3 2619 Canton Ct. Suite A Fort Collins, CO 80525 Abby L Kirkbride Brownstein Hyatt Farber Schreck 410 17th St., Suite 2200 Denver, CO 80202 George Rowley Spencer Fane LLI 1700 Lincoln Street Suite 2000 Denver, CO 80203 Deborah A. Early Alan D. Pogue Iceno le Seaver Pogue 4725 S. Monaco Street, Suite 360 Denver, CO 80237 s/ En2ilv B. Buckley 4 EXHIBIT 1 DECLARATION OF DISSOLUTION Pursuant to 5 32-1-710, the Director of the Division of Local Government (the "Division") declares as follows: 1. The Winter Farm Metropolitan District No. 3 (the "District") is a quasi -municipal corporation and political subdivision of the state organized in 2000, pursuant to the provisions of Article 1 of Title 32, c. R. ,, the "Special District Act.1" 2. Colorado Law requires the Division to notify a district of the Division's intent to certify a district dissolved i f , inter atia, " jt] h e 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 1 y 710(1) (a)lV) and Paragraph (1)(b), respectively. 3. According to the Division's records and research, the District: Has failed to hold or property cancel, pursuant to Article 1 of Title 32, both the May 3, 2016, and the May 8, 2018, regular elections; • 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 I of Title 29 for 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 7018-1130-0000-4053-9503 on October 23, 2018, 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 5 24-32-116 (see Exhibit A and Exhibit B 1 f 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 on November 2, 2018 (see Exhibit C). 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. 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 which indicates dissolution of the District wilt result in interruption of services to the area encompassed by the District. LGID 62126 Page 1 of 3 EXHIBIT 1 Therefore, according to the authority of the Division of Local Government to dissolve special districts by administrative action pursuant 5 32-1-710, C.R.S4, the Division hereby declares =Namen to be dissolved. Furthermore, the Division hereby requests that the Colorado Attorney General file a Petition for order and certification of Dissolution of Winter Farm Metropolitan District No. 3 with the District Court, weld 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 5 32-1-707(5) C.R.S. Dated this Tuesday, December 11, 2018 Chantal Unfug, Director Division of Local Government Colorado Department of Local Affairs LtID 62126 Page 2of3 EXHIBIT 1 CERTIFICATE OF SERVICE I hereby certify that on the day of December 11, 2018, 1 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 0 Street R.O. Box 758 Greeley, Co 80631 County Assessor Weld County 1400 N 17th Ave Greeley, CO 80631 County Clerk and Recorder Weld County 1402 N. 17th Avenue Greeley, CO 80631 �Noe/McConnell Lock povernment Services Division of Local Government Department of Local Affairs Town Board Town of Windsor 301 Walnut St. Windsor, CO 80550 Winter Farm Metro. District #3 Danaty Howe 2619 Canton Ct. Suite A Fort Collins, CO 80525 LGID 62126 Page 3 of 3 EXHIBIT I COLORADO Department of Local Affairs 1Y"•.rc at Ccr}J'cm): font October 22, 2018, Danaty Howe 2619 Canton Ct., Suite A Fort Collins, CO 80525 Mr. Howe/to whom it may concern, This notice concerns Winter Farm Metropolitan District Nos 3, LGID D No. 62126. 1n accordance with Colorado Revised Statute 32-1-710, the Division of Local Government (the "Division") is notifying the District of its intent to declare Winter Farm Metropolitan District No. 3 (the "District") dissolved. Based upon the information available to the Division, it appears: • The District did not hold or property cancel the May 3, 2016, regular election The District did not hold or property cancel the May 8, 2018, regular election The District has no outstanding financial obligations The District does not provide services If any cif t hP in f nrrr�atinp i n this r*nrrecnr�ndenrn ic incnrrnr�t f nI pace contar`t the Ilivision no .. . � - . . • . .. r . . this r a . . - a a • . .• a . • a - a . r • T a•� T T T • . T T1 T� • T r • . T T • 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: Weld County BOCC, Town of Windsor Town Board, Don Sandoval (Division) Governor John W. Hickenlooper I Inv Halter, Executive Director I Chantal Unfug, Division Director 1313 Sherman Street, Room 521, Denver, Co 80203 P 303.864.7720 TDD/TTY 303.864.7758 wevw.cPola.Colorado. gov Strengthening Colorado Communities _6 1Dh! Status l.4clie Oar e ryp.1K1etr000I2n Districis --1 Winter Farm Metropolitan District No 3 Basic 1 Boundary I Budget Contact I County CTF $yf1Cr Address? enact Type Name ritle Mailing Address Mt. Address Official DLG I TI Duplicate N ej Director Election I Finance 1 Service I Subc3ast I Tracking) Dots Contact Certified ir Qanaly Updated Op Updated By !Howe D3-08,-18 1615 PCROWE 2619 Canton Court, Ste A Jc/o Centennial Consulting Group Watling City State ZIPS 4Fort Coffins [Cd Work Phone J97048401 01 Fax I Email Address iwinteffarm@ccgcoluradocorn 80526 i Copylo Clipboard User ID IEFfi2126,16P Assign Contact ft i i of CQMPLETE THIS SECTION ON DELIVER EXHIBIT 1 Comp steItems 1t :land3 Print your name and atichass on the mvorsa so that WS can return thS card 10 you,. Attach this card to (ho back of the mallp c# or on the frtnt if space permits. Ac Moire. i 6: _Danniy Howe 2619 Canton Ct., Suite A Fort Collis* CO80525 -.S I a - 1111111111111111O1101111111111 9590 9402 1647 6053 15 AvrHCtta Number (itansfisr from wilco WO 118 1130 00013 4 D53 9503 B71(inved by n mss) ba n w - al ont O Addresses C4 isofDaTh ry to a Is cfelilviry addressdifferent Item 1? 0 Yes II YES, eider Shy address boiler aft, SOW Swim Type !Ptierty Mall Mums Sigma's 0 ReMaim Li Mull � elgriaturefflintectad Deivery CI HRawhide in Cart S.d fi Ms ( p t rw ems+• eal pt for Coiled on Dewy Min ICogw on Dewey Ftemocted OellyetvCSigra rs Cat " O n titstred Mel 1l Stria r+e Confirm Won instal Rersincieti RAWover $500) I►vwy 3 Form 3811, July 2015 PS'N ZG30-C1^c-OOD.40S3 Dwelt Return Receipt DISTRICT COURT, WELD COUNTY, COLORADO COURT USE ONLY i" 901 9th Avenue Greeley, Colorado 80631 IN THE MATTER OF: WINTER FARM METROPOLITAN DISTRICT NO. 3 Attorneys for the Division of Local Governments: Case No. 2000CV1013 PHILIP J. WEISER, Attorney General EMILY B. BUCKLE No. 43002* Assistant Attorney LINDSEY E KNAPTON, Assistant Attorney 1300 Broadway, Denver, CO Telephone: (720) Errmail: emil.bu.cklecoag.gov , General No. 52531 * General Fellow Oh Floor 80203 508-6157, (720) 508-6189 lind.sey.lna.tonfcoa *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 Winter Farm Metropolitan District N o . 3 ("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: 1. 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 Weld County Clerk and Recorder and with the Division. Done this day of , 2019. I BY THE COURT: JUDGE 2 Hello