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HomeMy WebLinkAbout2020-106-12/01/2020-CONSENTING TO THE DISSOLUTION OF BLOCK 23 METROPOLITAN DISTRICT NOS. 1-2 RESOLUTION 2020-106 OF THE COUNCIL OF THE CITY OF FORT COLLINS CONSENTING TO THE DISSOLUTION OF BLOCK 23 METROPOLITAN DISTRICT NOS. 1-2 WHEREAS, Block 23 Metropolitan Districts Nos. 1-2 (the "Districts") were created by Orders and Decrees entered by the Larimer County District Court in December 2016; and WHEREAS, the Districts operate pursuant to a service plan approved by the City Council on September 27, 2016, in Resolution 2016-075 (the "Service Plan"); and WHEREAS, the Districts currently exist solely in an administrative capacity under the Service Plan and are not authorized to impose a property tax mill levy or issue debt to finance the public improvements to support the project outlined in the Service Plan, so the purposes for which the Districts were created have not been commenced; and WHEREAS, the Boards of Directors of the Districts (the "Boards") have determined it is in the best interest of the Districts to file a Petition for Dissolution with the Larimer County District Court pursuant to Section 32-1-701, et seq., of the Colorado Revised Statutes ("C.R.S.") as set forth in the attached"Joint Resolution of the Boards of Directors of Block 23 Metropolitan District Nos. 1 & 2 Approving the Dissolution of the Block 23 District Nos. 1 & 2" dated October 21, 2020, attached hereto as Exhibit "A" and incorporated herein by reference (the `Boards' Dissolution Resolution"); and WHEREAS,as represented in the Boards' Dissolution Resolution,the Districts do not have any outstanding bonds, indebtedness or other financial obligations and they have not constructed any public improvements nor provided any services pursuant to the Service Plan, and the Districts have no assets; and WHEREAS,C.R.S. Section 32-1-704(3)(b)provides that a district court may enter an order dissolving a metropolitan district without an election if (i) the district lies wholly within the corporate limits of a municipality, (ii)the district has no financial obligations or outstanding bonds, and (iii) the metropolitan district's board and the governing body of the municipality consent to the dissolution; and WHEREAS, the City Council is in receipt of and has reviewed such documentation as it deems necessary, is supportive of the dissolution of the Districts, and consents to the dissolution of the Districts in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO as follows: Section 1. That the City Council hereby adepts as findings and determinations the recitals state above. -1- Section 2. That pursuant to and in accordance with C.R.S. Section 32-1-704(3)(b), the City Council hereby consents to the dissolution of the Districts. Section 3. That the City Manager and the City Attorney are authorized and directed to take any and all actions necessary or appropriate to effectuate the provisions of this Resolution for the dissolution of the Districts. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 1st day of December, A.D. 2020. (:ayvor: ATTEST: Q�faRr.o - - - -- " SEAM, ;�► ity Cl ? cD�DFtAQQ