HomeMy WebLinkAbout2025-100-11/03/2025-APPROVING A FIRST AMENDMENT TO THE CONSOLIDATED SERVICE PLAN FOR MONTAVA METROPOLITAN DISTRICT NOS.RESOLUTION 2025-100
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A FIRST AMENDMENT TO THE
CONSOLIDATED SERVICE PLAN FOR
MONTAVA METROPOLITAN DISTRICT NOS. 1 THROUGH 7
• A. 1 Th� Colorado Special District Act authorizes the formation of a metropolitan
district within the City by approval of the dis trict's service plan by adoption of a resolution
of Council and subsequent voter approval at the organizing election.
B.P!'}rt 2, Article 1 of Title 32 of the Colorado Revised Statutes (C.R.S.) further
specifies the requirements and procedures, including a hearing before the Council, for
approval of a proposed service plan or any amendment thereto that constitutes a material
modificc3tion thereof.
C.The City's Financial Management Policy 1 0 -Metro Districts (the "Metro
District Policy"), as authorized by City Council Resolutions 2021-045, 2019-016, 2018-
079, and 2008-069, further establishes the criteria, guidelines, and processes for the City
in considering applications for service plans for proposed metropolitan districts and
amendments to those plans. The Metro District Policy sets expectations that metropolitan
districts will provide broad public benefits, requires applicant assurances and specific
commitments, and provides for enforcement of these public benefits by inclusion of
related terms in district service plans, development agreements, and other contracts.
D.On September 25, 2018, Council held a public hearing on the formation of
a consolidated metropolitan district, the proposed areas and boundaries of which were
wholly within the corporate limits of the City. Council approved the formation of the
consolidated Montava Metropolitan District Nos. 1 through 7 (the "District"), by adoption
of Resolution 2018-083, which included the findings of Council regarding the purposes of
planning, .design, acquisition, construction, installation, relocation, redevelopment, and
operation and maintenance of all or a portion of certain public improvements for which
the Districts was organized.
E.The .District was organized by Order and Decree Organizing District, issued
on January 30, 2020, and recorded on February 3, 2020.
F.By adoption of Resolution 2020-007, Council approved a public benefits
agreement between the City and the District to secure public benefits, including, but not
limited to, the development of affordable and workforce housing. The agreement was
executed on December 11, 2020.
G.On August 21, 2025, the Board of Directors of the District requested that
the City consider a proposed First Amendmentto the to the Consolidated Service Plan
for Montava Metropolitan District Nos. 1-7 (the "First Amendment") to increase the
maximum debt authorization for the District and. to authorize the District to establish
spe.cial improvement districts in addition to traditional bond issuances.
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H.On October 2, 2025, •Slaff presented the proposed First Amendment to the
Council Finance Committee with a recommendation to refer the First Amendment to
Council for consideration.
I.On October 3, 2025, notice of a public hearing on the First Amendment was
made by publication in the Fort Collins Coloradoan and by sent by United States first
class mail to all owners of record within the District.
J.On November 3, 2025, Council held a public hearing on the proposed First
Amendment, at which Council reviewed the First Amendment and considered the
testimony and evidence presented at the public hearing.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The Council hereby determines that the changes proposed in the
First Amendment constitute material modifications of the Consolidated Service Plan for
the District, per Sections XIV and XV thereof, for which notice, a hearing, and action by
resolution are required, pursuant to C.R.S. §§ 32-1-204.5 and 32-1-207(2) and the Metro
District Policy.
Section 2. The Council hereby determines that the notification requirements of
the Metro District Policy, as well as the statutory notification requirements in Part 3, Article
1 of Title 32, C.R.S., have been complied with regarding the public hearing on the First
Amendment.
Section 3. The Council, after considering the testimony and evidence
presented, and after its review of the First Amendment, hereby. finds that the First
Amendment contains, or sufficiently provides for, the items described in C.R.S. § 32-1-
202(2).
Section 4. The Council's findings are based solely upon the evidence in the First
Amendment presented at the public hearing and the City has not conducted any
independent investigation of the evidence. The City makes no guarantee as to the
financial viability of the District or the achievability of the desired results.
Section 5. The Council hereby approves the First Amendment, attached hereto
as Exhibit A and incorporated herein by this reference .
Section 6. The approval of Council of the First Amendment is not a waiver or a
limitation upon any power that the City Council is legally permitted to exercise with respect
to the property within the· District.
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Passed and adopted on November 3, 2025.
ATTEST:
Effective Date: November 3, 2025
Approving Attorney: Dianne Criswell
Mayor Pro T em
Exhibit: Exhibit A: First Amendment to the Consolidated Service Plan for
Montava Metropolitan District Nos. 1-7.
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