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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/20/2018 - RESOLUTION 2018-031 CONSENTING TO THE DISSOLUTIONAgenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY March 20, 2018 City Council STAFF Josh Birks, Economic Health Director John Duval, Legal SUBJECT Resolution 2018-031 Consenting to the Dissolution of Harmony Technology Park Metropolitan District No. 1 and Harmony Technology Park Metropolitan District No. 3. EXECUTIVE SUMMARY The purpose of this item is to authorize the dissolution of Harmony Technology Park Metropolitan District No. 1 and No. 3 (collectively the “Districts”). City Council authorized the formation of Harmony Technology Park Metropolitan Districts No. 1, 2, and 3 by Resolution 2009-092 on September 15, 2009. The consolidated service plan (the “Service Plan”) for these districts contemplated a multi-district approach to follow phasing of the project. The two districts are not providing any services to the Harmony Technology Park development, all services are proved by the City, District No. 2 or other jurisdictions. Therefore, dissolving the two districts will have no adverse impact on services. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION On September 15, 2009, City Council authorized the formation of Harmony Technology Park Metropolitan Districts No. 1 through No. 3. These districts were intended to support the development of the Harmony Technology Park by providing for significant infrastructure, including roads, utilities, and stormwater. The Board of Directors of District No. 1 and District No. 3 (jointly, the “Dissolution Districts”) have determined it is in the best interests that the two districts be dissolved, and to file a Petition for Dissolution with the District Court for Larimer County. The consolidated Service Plan allows for the Districts to dissolve as long as they have provided for the payment or discharge of all their outstanding indebtedness and other financial obligations as required pursuant to State statutes. The Districts do not have any outstanding indebtedness or other financial obligations, as evidenced by the Dissolution Districts’ resolutions attached as Exhibit “A” and Exhibit “B” to the Resolution. City staff has received and reviewed documentation provided by the Dissolution Districts requesting City Council consider supporting their dissolution. Staff has reviewed the materials and supports the request for dissolution. ATTACHMENTS 1. Location Map (PDF) Sawhill Dr Pine N eedleCt Phantom Creek Ct Cinquefoil Ln Ninebark Ct BigDipp e r Dr Old Mill Rd Sunglow Ct Mill Stone Way Ninebark Dr Indigo Cir S Galileo Dr Cor b et t Dr A u tumnHarvestWay C o pernicusDr LadyMo o nDr Harvest Park Ln CountrySq u ireWay Rose Ct Sky Gazer Ln Observatory Dr Southern Cross Ln Indigo Cir N Amber Waves Ln Rock Creek Dr Purple Mountain Ln Daylight Ct Brookfield Dr Saber Cat Dr CountrySquireL n Avena Ct Indigo Ct Fruited PlainsLn County Fair Ln Star Dust Ln ExplorationL n Golden Wheat Ln Harvest Moon Way Voyager Ln -1- RESOLUTION NO. 2018-031 OF THE COUNCIL OF THE CITY OF FORT COLLINS CONSENTING TO THE DISSOLUTION OF HARMONY TECHNOLOGY PARK METROPOLITAN DISTRICT NO. 1 AND HARMONY TECHNOLOGY PARK METROPOLITAN DISTRICT NO. 3 WHEREAS, Harmony Technology Park Metropolitan District No. 1 (“District No. 1”), Harmony Technology Park No. 2 (“District No. 2”) and Harmony Technology Park No. 3 (“District No. 3”, and collectively with District No. 1 and District No. 2 the “Districts”) were created under an Order and Decree entered by the District Court for Larimer County, Colorado on May 24, 2010, after adoption by the City Council of the City of Fort Collins (the “City”) of Resolution 2009-092 Approving the Harmony Technology Park Metropolitan District Nos. 1 Through 3 Consolidated Service Plan on September 15, 2009 (the “Service Plan”); and WHEREAS, pursuant to the Service Plan, the Districts may not dissolve until they have provided for the payment or discharge of all their outstanding indebtedness and other financial obligations as required pursuant to State statutes; and WHEREAS, the Boards of Directors of District No. 1 and District No. 3 (collectively the “Dissolution Districts”) have determined it to be in the best interests of the Dissolution Districts that the Dissolution Districts be dissolved, and further direct the filing of a Petition for Dissolution with the District Court for Larimer County, Colorado, pursuant to Section 32-1-701, et seq., C.R.S., as further set forth in the Dissolution Districts’ Resolutions Approving Dissolution of the District, attached hereto as Exhibit A and Exhibit B, respectfully, and incorporated herein by this reference (“Resolutions Approving Dissolution”); and WHEREAS, as evidenced in the Resolutions Approving Dissolution, the Dissolution Districts do not have any outstanding indebtedness or other financial obligations and all of Dissolution Districts’ contractual obligations have been terminated or assigned to District No. 2; and WHEREAS, Section 32-1-704(3)(b) of the Colorado Revised Statutes (“C.R.S.”) provides that an order dissolving a special district may be entered without an election if the special district lies wholly within the corporate limits of a municipality, if the special district has no financial obligations or outstanding bonds, and if the special district board and the governing body of the municipality consent to the dissolution; and WHEREAS, there will be no disruption in services upon dissolution because the Dissolution Districts are not providing any services to the Harmony Technology Park development and all services are provided by the City, District No. 2 or other jurisdictions; and WHEREAS, the City Council is in receipt of the Resolutions Approving Dissolution evidencing the Dissolution Districts’ compliance with their Service Plan and Colorado law, and in reliance thereupon, is supportive of the dissolution of the Dissolution Districts, and consents to the dissolution of Harmony Technology Park Metropolitan District No. 1 and Harmony Technology Park Metropolitan District No. 3. -2- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. Pursuant to C.R.S. Section 32-1-704(3)(b), the City of Fort Collins hereby consents to the dissolution of Harmony Technology Park Metropolitan District No. 1 and Harmony Technology Park Metropolitan District No. 3. Section 3. The officers and staff of the City are authorized and directed to take all actions necessary or appropriate to effectuate the provisions of this Resolution. Section 4. All orders, bylaws and resolutions, or parts thereof, in conflict with this Resolution, are hereby repealed. Section 5. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this resolution. Section 7. This Resolution shall be effective upon its approval by City Council. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th day of March, A.D. 2018. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk EXHIBIT A EXHIBIT B Gol d e nH a r ve stLn Spring H ar v e s t L n Cornerstone Dr Technology Pkwy Cassiopeia Ln Gifford Ct Northern Lights Dr Ruff Way Steelhead St T i m b er w o o d Dr Cor n e rstone L n L eFe v er Dr Precisio n D r Coun cilTr e eA v e Sky Gazer Ln Ziegler Rd Strauss Cabin Rd E Harmony Rd Harmony Technology Park Metropolitan Districts 1 - 3 © Printed: March 13, 2018 District Boundaries District 1 District 2 District 3 ROW ATTACHMENT 1