HomeMy WebLinkAbout2018-031-03/20/2018-CONSENTING TO THE DISSOLUTION OF HARMONY TECHNOLOGY PARK METROPOLITAN DISTRICT NO. 1 AND HARMONY TEC 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.
_1_
r
.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 PA Tern
ATTEST:
OF p OR T L,O
SEAL .
City Clok
cOLORAOO
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EXHIBIT A
RESOLUTION
OF THE BOARD OF DIRECTORS OF
HARMONY TECHNOLOGY PARK METROPOLITAN DISTRICT NO. I
APPROVING THE DISSOLUTION OF
HARMONY TECHNOLOGY PARK METROPOLITAN(DISTRICT NO. 1
WHEREAS, pursuant to an order of the District Court in and for Larimer County,
Colorado, Harmony Technology Park Metropolitan District No. 1 (the "District") was duly and
validly organized as a metropolitan district in accordance with all applicable law;and
WHEREAS, the District encompasses territory located wholly within the City of Fort
Collins, Colorado (the"City")as described and set forth on Exhibit A;.and
WHEREAS, the District has no financial obligations or outstanding bonds; and
WHEREAS, a majority of all of the members of the Board of Directors of the District
deem it to be in the best interests of the District that it be dissolved; and
WHEREAS, the District is therefore taking such steps and actions necessary to effect
dissolution of the District.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
DISTRICT AS FOLLOWS:.
1. A majority of all of the members of the Board of Directors of the District deem it
to be in the best interests of'the:.District that it be dissolved. The foregoing statement is being
given in compliance with § 32-1-701(1)—C R:S,—_____�_
2. The District's general counsel, WHITE BEAR ANKELE TANAKA & WALDRON, is
hereby directed to prepare a Petition for Dissolution pursuant to § 32-1-702(1), C.R.S., and to
file'such Petition with the District Court in and for Larimer County, Colorado, and to prepare all
other documentation and undertake all actions necessary for the dissolution of the District
pursuant to Colorado law.
3. - The President and/or Vice President of the District's Board of Directors shall have
the power and authority to execute all documents necessary to effectuate the District's
dissolution, and the Secretary and/or Assistant Secretary shall have the power and authority to
L attest to such execution.
4. The District provides no services within its boundaries and all services authorized
to be provided by the District are provided by the City, Harmony Technology Park Metropolitan
District No. 2, or other jurisdiction, and as a result, no.plan for'the continuation of the District's
services is necessary.
1178.1900;845270 1
. 1
5. The District does not have any financial obligations or outstanding bonds,and the
certificate given in accordance with § 32-1-702(3)(a), C.R.S. is attached hereto and incorporated
herein as Exhibit B.
6. The District possesses no assets requiring disposition prior to dissolution.
7. Upon dissolution, the District's Board of Directors shall immediately and
permanently dissolve and none of the members thereof shall continue in office.
Remainder of Page Intentionally Left Blank. Signature Page Follows.
1178.1900;845270 2
RESOLVED,ADOPTED AND APPROVED this 6th day of March,2018.
HARMONY TECHNOLOGY PARK
METROPOLITAN DISTRICT NO. 1, a quasi-
municipal corporation and political subdivision of
the State of Colorado
Officer of the District/
ATTEST:
APPROVED AS TO FORM:
WHITE BEAR ANKELE TANAKA&WALDRON
Attorneys at Law
General Unsel to the District -
J
Signature Page to Resolution Approving Dissolution of the District.
1178.1900;845270 3
EXHIBIT A
(Legal Description of District Boundaries)
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ENO ;
EXHIBIT_
HARMONY TECHNOLOGY PARK METROPOLITAN DISTRICT NO, 1
AND DIRECTOR'S PARCEL
A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 4,
TOWNSHIP 6 NORTH, RANGE 68 WEST, OF THE 6TH P.M.; CITY OF FORT
COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING TRACT A,
HARMONY TECHNOLOGY PARK THIRD FILING, RECORDED AT RECEPTION
NUMBER 20080034504.
SAID TRACT CONTAINS 4.55 ACRES MORE OR LESS.
K xi 141100011bigalslmetro 'I doc 7!9f20,uA
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EXHIBIT _
HARMONY TECHNOLOGY PARK METROPOLITAN DISTRICT NO. 1
i klD DIRECTOR'S PARCEL)
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JUL.Y, 1D08
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EXFIIBIT B
(Certificate—No Financial Obligations or Outstanding Bonds)
FINANCIAL CERTIFICATE
REGARDING THE DISSOLUTION OF
HARMONY TECHNOLOGY PARK METROPOLITAN DISTRICT NO. 1
§32-1-702(3)(a)
STATE OF COLORADO )
COUNTY OF DGURAS )SS.
Before me, the undersigned, personally appeared Diane Wheeler who, being by me first
duly sworn on oath,deposes and says:
1. That I am the accountant for Harmony Technology Park Metropolitan District No. 1. and
duly qualified to make and execute this Financial Certificate.
2. That as of the date of execution of this Financial Certificate. Harmony Technology Park
Metropolitan District No. 1 has no financial obligations or outstanding bonds.
3. Attached hereto as Exhibit A are financial statements for Harmony Technology Park
Metropolitan District No. 1 further evidencing the absence of financial obligations or
outstanding bonds.
Signed:
Simmons&Wheeler PC
Diane Wheeler, District Accountant
Subscribed and sworn before me this 12 day of fj;G2 )An.4 ,2018.
My commission expires: 11 tr112U71
(SEAL) }
wvovawe�x Notary Public
STATE OF COIORADO
rooTAflT ro res�ao,aeH
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1 178.1900;879800
EXHIBIT A
Harmony Technology Park Metropolitan District No. 1
Financial Statements
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Harmony Technology Park Metropolitan District##1
Financial Statements
January 31,2018
SINMONS &WHEELER. P.C. Certified Public Accountants
3041nvemess Way South,Suite 490,Englewood,CO 80112 (303)689.0833
ACCOUNTANT'S COMPILATION REPORT
Board of Directors
Harmony Technology Park Metropolitan District 41
Management is responsible for the accompanying financial statements of each major fund of
Harmony Technology Park Metropolitan District#Ii as of and for the period ended January 31,
2018, which are comprised of the Balance Sheet and the related Statement of Revenues,
Expenditures and Changes in Fund Balance — Budget and Actual — Governmental Funds and
account groups for the one month then ended in accordance with accounting principles generally
accepted in the United States of America. We have performed a compilation engagement in
accordance with the Statements on Standards for Accounting and Review Services promulgated
by the Accounting and Review Services Committee of the AICPA. We did not audit or review
the financial statements nor were we required to perform any procedures to verify the accuracy or
completeness of the information provided by management. Accordingly, we do not express an
opinion,a conclusion, nor provide any form of assurance on these financial statements.
Management has elected to omit the Statement of Net Position, Statement of Activities,
Management Discussion and Analysis and all of the disclosures required by accounting principles
generally accepted in the United States of America. If the omitted disclosures were included in
the financial statements, they might influence the,user's conclusions about the District's financial
position and results of operations. Accordingly,the financial statements are not designed for those
who are not informed about such matters.
We are not independent with respect to Harmony Technology Park Metropolitan District #1
because we performed certain accounting services that impaired our independence.
February 9, 2018
Englewood,Colorado
Harmony Technology Park Metropolitan District lit
Balance Sheet-Governmental Funds and Account Groups
January 31,2018
See Accountant's Compilation Report
General Total
Fund All Funds
Assets
Current assets
Cash in checking $ $
S S
Liabilities and Equity
Current liabilities
Accounts payable $ S
Operating note-developer
Total liabilities
Fund Equity
Fund balance(deficit)
$ S
F
c
Harmony Techology Park Metropolitan District#1
Statement of Revenues,Expenditures and Changes in Fund Balance
Budget and Actual
For the One Month Ended January 31,2018
General Fund
See Accountant's Compilation Report
Variance
Annual Favorable
Budaet to 1 (Unfavorable)
Revenues
Developer Advances \ S S S
Interest Income
Expenditures `
Accountinglaudit
Insurance
Legal
Contingency
J Emergency Reserve
Excess(deficiency)of revenues
over expenditures
Fund balance- beginning
Fund balance-ending $ $ $
1
EXHIBIT B
RESOLUTION
OF THE BOARD OF DIRECTORS OF
HARMONY TECHNOLOGY PARK METROPOLITAN DISTRICT NO.3
APPROVING THE DISSOLUTION OF
HARMONY TECHNOLOGY PARK METROPOLITAN DISTRICT NO.3
WHEREAS, pursuant to an order of the District Court in and for Larimer County,
Colorado, Harmony Technology Park Metropolitan District No. 3 (the "District') was duly and
validly organized as a metropolitan district in accordance with all applicable law; and
WHEREAS, the District encompasses territory located wholly within the City of Fort
Collins, Colorado (the "City")as described and set forth on Exhibit A; and
WHEREAS,the District has no financial obligations or outstanding bonds; and
WHEREAS,a majority of all of the members of the Board of Directors of the District deem
it to be in the best interests of the District that it be dissolved; and
WHEREAS, the District is therefore taking such steps and actions necessary to effect
dissolution of the District.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
DISTRICT AS FOLLOWS:
1. A majority of all of the members of the Board of Directors of the District deem it
to be in the best interests of the District that it be dissolved. The foregoing statement is being
given in compliance with § 32-1-701(1), C.R.S.
2. The District's general counsel, WHITE BEAR ANKELE TANAKA & WALDRON, is
hereby directed to prepare a Petition for Dissolution pursuant to § 32-1-702(1), C.R.S., and to file
such Petition'with the District Court in and for Larimer County, Colorado,and to prepare all other
documentation and undertake all actions necessary for the dissolution of the District pursuant to
Colorado law.
3. The President and/or Vice President of the District's Board,of Directors shall have
the power and authority to execute all documents necessary to effectuate the District's dissolution,
and the Secretary and/or Assistant Secretary shall have the power and authority to attest to such
execution.
4. The District provides no services within its boundaries and all services authorized
to be provided by the District are provided by the City, Harmony Technology Park Metropolitan
District No. 2, or other jurisdiction, and as a result, no plan for the continuation of the District's
services is necessary.
1178.1900;879769 1
5. The District does not have any financial obligations or outstanding bonds, and the
certificate given in accordance with § 32-1-702(3)(a), C.R.S. is attached hereto and incorporated
herein as Exhibit B.
6. The District possesses no assets requiring disposition prior to dissolution.
7. Upon dissolution, the District's Board of Directors`shall immediately and
permanently dissolve and none of the members thereof shall continue in office.
Remainder of Page Intentionally Left Blank. Signature Page Follows.
1178.1900;879769 2
RESOLVED, ADOPTED AND APPROVED this 6th day of March,2018.
HARMONY TECHNOLOGY PARK
METROPOLITAN DISTRICT NO. 3,a quasi-
municipal corporation and political subdivision of
the State of Colorado
Officer of the Distil ct
ATTEST:
APPROVED AS TO FORM:
WHITE BEAR A.NKELE TANAKA& WALDRON
Attorneys at Law
Gener4Kounsel to the District
� t
Signature Page to Resolution Approving Dissolution of the District.
1178.19W;879769 3
EXHIBIT A
(Legal Description of District Boundaries)
V ' ri '3r]
EXHIBIT_
HARMONY TECHNOLOGY PARK METROPOLITAN DISTRICT NO. 1
AND DIRECTOR'S PARCEL
A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 4,
TOWNSHIP 6 NORTH, RANGE 68 WEST, OF THE 6TH P.M.; CITY OF FORT
COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING TRACT A,
HARMONY TECHNOLOGY PARK THIRD FILING, RECORDED AT RECEPTION
NUMBER 20080034504.
SAID TRACT CONTAINS 4.55 ACRES MORE OR LESS.
KA 1411,00011Legals\roraro 1.d0L 7191'009
EXHIBIT
HARMONY TECHNOLOGY PARK METROPOLITAN DISTRICT NO. 1
AND DIRECTOR'S PARCEL)
JULY. aooe
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LOT 2 i Ol'3 LOT 4
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TRACT A
DeSTWCT : AND DIRECTORS
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EXBIBIT B
(Certificate—No Financial Obligations or Outstanding Bonds)
FINANCIAL CERTIFICATE
REGARDING THE DISSOLUTION OF
HARMONY TECHNOLOGY PARK METROPOLITAN DISTRICT NO.3
§32-1-702(3)(a)
STATE OF COLOR ADO )
)SS.
COUNTY OFl6lgS }
Before me, the undersigned, personally appeared Diane Wheeler who, being by me first
duly sworn on oath.deposes and says:
I. That I am the accountant for Harmony Technology Park Metropolitan District No. 3. and
duly qualified to make and execute this Financial Certificate.
2. That as of the date of execution of this Financial Certificate, Harmony Technology Park
Metropolitan District No. 3 has no financial obligations or outstanding bonds.
3. Attached hereto as Exhibit A are financial statements for Harmony Technology Park
Metropolitan District No. 3 filrther evidencing the absence of financial obligations or
outstanding bonds.
Signed: .
Simmons&Wheeler PC
Diane Wheeler, District Accountant
Subscribed and swom before me this 12 day of 2018.
My commission expires: l I rl 201
=OFNotary Public
1178.1900;879802
V
EXH[BIT A
Harmony Technology Park Metropolitan District No. 3
Financial Statements
1178.1900:879802
Harmony Technology Park Metropolitan District#3
Financial Statements
January 31, 2018
1
SB4rfONS &WHEELER, P.C. Certified Public Accountants
3041nverness Way South,Suite 490,Englewood,CO80112 (303) 689.0833
ACCOUNTANT'S COMPILATION REPORT
Board of Directors
Harmony Technology Park Metropolitan District#3
Management is responsible for the accompanying financial statements of each major fund of
Harmony Technology Park Metropolitan District#3, as of and for the period ended January 31,
2018, which are comprised of the Balance Sheet and the related Statement of Revenues,
Expenditures and Changes in Fund Balance — Budget and Actual — Governmental Funds and
account groups for the one month then ended in accordance with accounting principles generally
accepted in the United States of America. We have performed a compilation engagement in
accordance with the Statements on Standards for Accounting and Review Services promulgated
by the Accounting and Review Services Committee of the AICPA. We did not audit or review
the financial statements nor were we required to.perform any procedures to verify the accuracy or
completeness of the information provided by management. Accordingly, we do not express an
opinion, a conclusion, nor provide any form of assurance on these financial statements.
Management has elected to omit the Statement of Net Position, Statement of Activities,
Management Discussion and Analysis and all of the disclosures required by accounting principles
generally accepted in the United States of America. If the omitted disclosures were included in
the financial statements,they might influence the user's conclusions about the District's financial
position and results of operations. Accordingly,the financial statements are not designed for those
who are not informed about such matters.
We are not independent with respect to Harmony Technology Park Metropolitan District #3
because we performed certain accounting services that impaired our independence.
PC ,
February 9, 2018
Englewood,Colorado
Harmony Technology Park Metropolitan District#3
Balance Sheet•Governmental Funds
January 31,2018
See Accountant's Compilation Report
1
General Total
Fund All Funds
Assets
Current assets
Cash in checking $ S
S g
Liabilities and Equity
Current liabilities
Accounts payable S $
Operating note•developer
Total liabilities
Fund Equity.
Fund balance(deficit)
Harmony Techology Park Metropolitan District a3
Statement of Revenues,Expenditures and Changes in Fund Balance
Budget and Actual
For the One Month Ended January 31,2018
General Fund
See Accountant's Compilation Report
Variance
Annual Favorable-
u t AaWd (Unfavorable)
Revenues
Developer Advances S S S
Interest Income
Expenditures
Accountinglaudit
Insurance
Legal
Contingency
Emergency Reserve
Excess(deficiency)of revenues
over expenditures
Fund balance•beginning
Fund balance•ending S $ $