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Home My WebLink About20190366.tiffDISTRICT COURT, WELD COUNTY, 915 10th Street Greeley, Colorado 80632 COLORADO COURT ONLY S IN THE MATTER OF: SIERRA VISTA METROPOLITAN DISTRICT USE Attorneys for the Division of Local PHILIP J. WEISER, Attorney General Governments: Case No. 2015 30744 R EC E JAN 2 3 WELD COUNT' COMMISSIONERS V 2019 ?'t EMILY Assistant LINDSEY BUCKLE , No. 43002* Attorney eneral KNAPTON, No. 52531* Attorney General Fellow 6th Floor CO 80203 (720) 508-6403, (720) 508-6189 of Record. Assistant 1 300 Broadway, Denver, Telephone: Email: ernily.buckleygcoagagov indsoy.knapton@coag.gov *Counsel ORDER AND CERTIFICATION T OF SPECIAL DISTRICT OF PETITION FOR DISSOLUTION 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 Sierra Vista Metropolitan District. As grounds for this petition, the Division states as follows: 1. The Sierra Vista Metropolitan District ("the District") is a quasi -municipal corporation and political subdivision organized pursuant to the provisions of Article I of Title 32, .R. , the "Special District 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 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, C.R.S., , 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 a certification of the District's election results from the most recent regular election. 4. Pursuant to § 32-1-710(2)(a), .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), 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 LetvvrvunipeSnS 11123/!c' 1 AS .LIA lints 2019-0366 SD ?'nder pursuant to § 32-1-9O5(25), C. .. ., 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, 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 andbecause 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. ` , ., 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 7003-3110-0003-3893 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 Board of Trustees of the Town of Erie, Colorado received a request from the District for the Board of Trustee's consent to the voluntary dissolution of the District. On February 13, 2018, the Town approved and adopted a resolution to dissolve the District, attached hereto as Exhibit 1, at 7-8. 8. 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. 9. 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), .R. . The Division respectfully petitions the Court for certification of the dissolution of the Sierra Vista. Metropolitan District and for an Order disposing of any of the assets of the District in accordance with § 321 -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 General si Emily B. Buckley EMILY B. BUCKLEY* Assistant Attorney General LINDSEY KNAPTON* * 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 January, 2019,1 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 served via Colorado Courts B -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 P.O. 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 3 Board of Trustees Town of Erie 645 Holbrook Street P.O. Box 750 Erie, CO 80516 Sierra Vista Metropolitan District George Rowley 2154 E. Commons Avenue Suite 2000 Centennial, CO 80122 Sierra Vista Metropolitan District George Rowley e/o Spencer Pane LLP 170f` Lincoln Street Suite 2000 Denver, CO 80203 s/ Efly B. Buckley 4 EXHIBIT l DECLARATION OF DISSOLUTION Pursuant to 5 32-1-710, the Director of the Division of Local Government (the "Division") declares as follows: 1. The Sierra Vista Metropolitan District (the "District") is a quasi -municipal corporation and political subdivision of the state organized on December 4, 2016, pursuant to the provisions of Article 1 of Title 32, c. R.5., 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)(W) 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 I of Title 32, 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 1 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 7003•3110•0003-1642-3893 on October 237 2018, 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 governmen L 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 mall return receipt on November 6, 2018 (see Exhibit C). 7. The District has not provided or attempted to provide any of the services or facilities for which the District was organized for at least two consecutive years. 8. The District's approving local government board, the `trustees of the Town of Erie, consents to the dissolution of the District by administrative dissolution (see Exhibit D). 9. 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 66787 Page 1 of 3 EXHIBIT 1 9. There has been no evidence provided to the Division which 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 5 32+710, . Rt ., the Division hereby declares g(Name>) to be dissolved. Furthermore, the Division hereby requests that the Colorado Attorney General file a Petition for Order and Certification of Dissolution of Sierra Vista Metropolitan District 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 § 32.1-707(5) C.R.S. Dated this Tuesday, December 11, 2018 etiv Chantal Unfug, Director Division of Local Government Colorado Department of Local Affairs LGID 66787 Page 2 o 3 EXHIBIT I CERTIFICATE OF SERVICE I hereby certify that on the day of December 11, 2018, 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 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 e S Joe . cConnetl Lott Government Services Division of Local Government Department of Local Affairs Board of Trustees Town of Erie 645 Holbrook Street R.O. Box 750 Erie, CO 80516 Sierra Vista Metropolitan District George Rowley 2154 E. Commons Ave. Suite 2000 Centennial, CO80122-1880 LGID 66781 Page 3 or3 Exhibit A EXHIBIT 1 COLORADO Department of Local Affairs DNVACAlcifLO October 23, 2018, George Rowley 2154 East Commons Avenue, Suite 2000 c/o White Bear Ankele Tanaka Et Waldron, P.C. Centennial, Co 80122-1880 I r . Rowley/to whom it may concern, This notice concerns Sierra Vista Metropolitan District, LGID No. 66787. 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 Sierra Vista Metropolitan District No. 2 (the "District") dissolved, Based upon the information available to the Division, it appears: v-� D District did � hold � Y � t May 8, rt rti d r� � � r • 1 _ he District did not hold or property cancel the May 20 8, regular election The District has no outstanding financial obligations • 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, �€McConnell I ivici n n of I nrA l (; nverri niin n t Cc: Weld County BOLL I own of Erie I rustees, Don Sandoval (Division) Governor John W. Hickerflooper I In Halter, Executive Director I Chantal Unfug, Division Director 1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD l TTY 303.864.7758 www. data .cotorado. gav strengthening Colorado Communities a I J. i Status !Active ape IIv1etro2olit9n Districts 132.4 EX 11 1B 13-1 iiame !Sierra Vista Nietropcditan District Basic BoundaryI Budget nnt�rI County TF Sync, Address? Z ontact Type Name Title Mailing Address Mt Address lOfficial DLG fr&. Jeorge i Duplicate Name I Director I Election I Finance! Service Subdist b di str Tracking I Ctocs tt Contact Certified Updated On 07-20-18 14:24 1 Updated By UREE) F iey IAttocney at Law 12164 East Commons Avenue, Suite 2000 do White Bears Ankele Tanaka. & Waldron, P C. Mailing City State Zip Center n«I Work Phone 303-85&-I BGO Fax Cri5 I 18012'-1 80 303-858-1801 Email Address fgrow1eywbapc.com Exhibit B i _ Copy to clipboard I user Iii IEF66T87TZC Contact #1 Asig: i N E• - COMPLETE THIS SECTION complete Items 1 2, and S. Print yourname the worse so that we ccan return the to you, Attach this it,ircl to tho beck of the mailpleco, or on the tre nt II Armco permits. Ankle Addressed to: Gearg l owicy 2! .54 L Common. Ave,, Suice 20-00 Ccntei jmi1 CO, SO 1 2-1 8U MEE ill Ill 11111111 9590 94.02 1647 6053 1247 93 Article Number �r font 104 7003 31111 0003 113L12 3893 Form 3911tJuly 201. N7530 5'4 COMPLETE THIS SECTIQ W ON DEL r VERY C. DS of drOr Co,. Is dean address Meant 1? Yeaft *1 Y delivery Wilma Sum No O Mutt -,gin Mati O • MSt &J Delivery II possamexi Donn DO 0t Coiled on Disktny • Wei on y Flestnesid DOImery U CI I nand Ml' ratund floal Ian Cdvery oyiki ■ a Pity IlEarprialti Flogiagni 101111s =sci Reabrittft IsaceMbr Merchandises Sig man Confirrellorim S1O4 t yrs Cca RestrictsdChavisry Domestic Return Receipt E HIBIT I EXHIBIT I Exhibit fl • RESOLUTION NO. 18- C A RESOLUTION BY THE BOARD OF TRUSTEES OF THE TOWN OF ERIE, COLORADO CONSENTING TO A REQUEST BY THE SIERRA VISTA METROPOLITAN DISTRICT TO DISSOLVE. WHEREAS, on August 11, 2015, following due notice and public hearing, the Board of Trustees of the Town of Erie, Colorado, State of Colorado (the "Board of Trustees") adopted Resolution No. 15-103, approving the service plan (the 'Service Plan") for the Sierra Vista Metropolitan District (the ;'District"); and WHEREAS, on December4, 2016, the Weld County District Court issued an Order and Decree declaring the District organized pursuant to C.R.S. §§ 32-1-101, of seq., as amended; and WHEREAS, the Board of Trustees has received a request from the District for the Board of Trustee's consent to the voluntary dissolution of the District in accordance with C.R.S. § 32-1-704(3)(b), as amended, or the administrative dissolution of the District in accordance with ,I . . § 32-1-710, as amended; and WHEREAS, the District has advised the Board of Trustees that it currently has no assets, and has no financial obligations or outstanding bonds; and HEREAS, the District has advised the Board of Trustees that the District does not currently provide for any facilities or services to the property within its boundaries; and WHEREAS, the Board of Trustees has reviewed the District's request, and by this resolution issues its consent to the dissolution of the District as set forth herein, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ERIE, COLORADO, AS FOLLOWS: Section 1. The Board of Trustees hereby incorporates the foregoing recitals as its findings in support of this Resolution. Section 2. Based upon the representations made by the District, the Board of Trustees hereby consents to the dissolution of the Sierra Vista Metropolitan District in accordance with C.R.S. §§ 32-1-701, et seq,, as amended. No services or facilities are currently being provided by the District; therefore, the Board of Trustees' consent provided herein is not intended to, and shall not be construed as, the Board of Trustees' agreement to assume the responsibility for any services or facilities, or to provide the public improvements or services contemplated by the Service Plan, or to undertake any other action of the District authorized in the Service Plan. EXHIBIT 1 ADOPTED AND APPROVED THIS 13TH DAY OF FEBRUARY, 2015, BY THE BOARD OF TRUSTEES F THE TOWN OF ERIE, COLORADO. !\ F mss`LI 6 E?SiI4514;iiiII:CS% motici B o �. LV ao teNcioLs. 7"1.-4". tip.,K F I ATTEST: B:C n Clerk r� sefieleaV TOWN OF ERIE, a Colorado municipal corporation E. Tina Harris, Mayor DISTRICT 15 10th Greeley, COURT, WELD bOUNTY, COLORADO Street Colorado 80632 a COURT USE ONLY S IN THE METROPOLITAN MATTER OF: SIERRA VISTA DISTRICT Attorneys PHILIP EMILY Assistant LINDSEY Assistant 1300 Broadway, Denver, Telephone: Email: J. B. Attorney Attorney CO emilv.buckley@coag.gov for the Division WEISER, of Local Governments: Attorney General , No. 43002* No. 52531* Fellow Floor (720) 508-6189 Case No. 2015CV30744 F BU LB General KNAPTON, General 6'1' 80203 (720) 508-6157, *Counsel .I inclsc T .k•napto (*oagr.gQ 7' of Record OF [PROPOSEDI ORDER AND CERTIFICATION DISSOLUTION OF SPECIAL DISTRICT 1 _ he 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 Sierra Vista Metropolitan District ("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 Diss olution is hereby certified. The District's assets, if any, shall be disposed of pursuant to § 32-1-708, +.R. . 2. The Clerk shall file a certified copy of this Order of Dissolution with Weld County Clerk and Recorder and with. the Division. 1 Done this day of , 2019. BY THE COURT: JUDGE Hello