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Home My WebLink About 15-50 Accepting Designation as Approving Authority for St. Vrain Lakes Metro DistrictsRESOLUTION NO. ` A RESOLUTION ACCEPTING THE DESIGNATION AS APPROVING AUTHORITY FOR THE ST. VRAIN LAKES METROPOLITAN DISTRICTS NOS. 14 WHEREAS, a petition for approval by an annexing municipality has been filed with the Board of Trustees of the Town of Firestone ("Town") by St. Vrain Lakes Metropolitan District Nos. 14 (the "Districts"); and WHEREAS, the property within the boundaries of the Districts (the "Property") has been annexed to the Town pursuant to and in accordance with the annexation procedures set forth in the Municipal Annexation Act, § 31-12-101 et sec .., C.R.S.; and WHEREAS, specifically, the Board of Trustees of the Town approved annexation of the Property by the adoption of Ordinance No. 854 and Ordinance No. 871 (the "Annexation )rdinances") on, respectively, November 9, 2014 and May 27, 2015; and WHEREAS, pursuant to section 32-1-204.7(1), C.R.S., if a special district that was originally approved by a board of county commissioners becomes wholly contained within the boundaries of a municipality by annexation, the special district may petition the governing body of any such municipality to accept a designation as the approving authority for the special district; and WHEREAS, pursuant to the Annexation Agreement between the Districts and Town, dated May 27, 2015 and recorded on October 11, 2015 at Reception No. 4149332, Weld County Records, (the "Annexation Agreement"), the Districts agreed that upon annexation of the Property to the Town, the Districts and Town would process a petition for the "Town to become the approving authority for the Districts; and WHEREAS, the Board of'I'rustees has considered the Districts' petition for acceptance of a designation as the Districts' approving authority; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO0 Section 1. The Board of Trustees finds that in accordance with Section 324-204.7(1), C.R.S., after the St. Vrain Lakes Metropolitan District Nos. 1-4 (the "Districts") were organized and approved by the Board of County Commissioners for Weld County, the boundaries of the Districts became wholly contained within the boundaries of the Town, and after the annexation to the Town, the Districts submitted their petition, attached hereto and incorporated herein by this reference, requesting the Town accept designation as the approving authority for the Districts. Section 2. Pursuant to Section 324-204.7(1), effective as of the adoption of this Resolution, the Board of Trustees hereby accepts the designation as the approving authority of the Districts and all powers and authorities previously vested in the Board of County Commissioners for Weld County pursuant to the Special District Act, Articles 1 to 18 of Title 32, C.R.S., are hereby ransferred to the Board of Trustees. 1 Section a. The acceptance of the designation as approving authority for Lite Districts is subject to the following conditions, as provided for in the Petition: 1. The Town hereby ex� under Section 3241 207(3)(b), service plan as the same may constitutes an intergovernmental service plane and ressly waives any 45 day notice required to be made ;.R.S, pursuant to the requirements of the Districts' �e required to the extent the Annexation Agreement agreement not otherwise identified under the Districts' 2. The Town shall not require any amendment of the Districts' service plan for purposes of conforming the service plan with the current or any future Town model service plan or for the purpose of incorporating historically applied Town standards, provisions or policies regarding Title 32 districts into the existing Districts' service plan. Section 4. The officers, employees and agents of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of the Agreement. INTRODUCED, READ, and ADOPTED this �. day of c:;-', 2015. Town Clerk 2 TOWN OF FIRESTONE, COLORADO Paul Sorensen Mayor PETITION TO THE TOWN Or + +STONE, COLORADO REGARDING ACCEPTANCE AS APPROVING AUTHORITY WHEREAS, the St, Vrain Lalces Mehopolitan Dish•iet Nos. 1-4 (the "Districts") were organized under a Consolidated Service Plan approved by the Weld County Board of County Commissioners on or about September 5, 2006; and WHI3REAS, the property within the boundaries of the Dish•icts (the "Property") has been annexed to the Town of Firestone, Colorado (the "Town") pursuant to and in accordance with the annexation procedures set forth in the Municipal Annexation Act, § 31-12"101 et s, etc ., C,R.S.; and WHEREAS, specifically, the Board of Trustees of the Town approved annexation of the Property by the adoption of Ordinance No, 854 and Ordinance No, 871 (the "Annexation Ordinances") on, respectively, November 9, 2014 and May 27, 2015; and WHEREAS, pursuant to the Annexation Agreement between the Districts and Town, dated May 27, 2015 and recorded on October 11, 2015 at Reception No, 4149332, Weld County Records, (the "Annexation Agreement"), the Districts agreed that upon annexation of the Property to the Town, the Districts and Town would process a petition for the Town to become the approving authority for the Districts; and WHEREAS, pursuant to § 32-1-204.7(1), C,R,S,, and the provisions of the Annexation Agreement, the Districts desire to have the Town accept designation as the approving authority for the Districts; and WHEREAS, this Petition shall be subject to the following conditions: (1) the Town shall expressly waive any 45 day notice required to be made under Section 32-1-207(3){b), C.R,S. pursuant to the requirements of the Service Plan as the same may be required to the extent the Annexation Agreement constitutes an intergovernmental agreement not otherwise identified under the Service Plan; and (2) the Town shall not require any amendment of the Service Plan for purposes of conforming the Service Plan with the current or any future Town model service plan or for the purpose of incorporating historically applied Town standards, provisions or policies regarding Title 32 districts into the existing Service Plan (together, the "Petition Conditions"); NOW, THEREFORE, the Board of Directors of the St. Vrain Lakes Metropolitan D3strIct Nos, 1-4 hereby petition the Town of Firestone, Colorado, to accept designation as the approving authority of the Districts pursuant to § 32-1-204.7(1) and requests that the Town accept such designation through the adoption of a resolution of approval by the governing body of the Town, specifically subject to and conditioned upon the Petition Conditions, DATED this'�a�day-of-(,,Jcr"�81rs�c-_, 2015. 0799,0003; 70Sb32 1 Signature Page Follows, ATTEST: t APPROVBD AS TO FORM; WHITE BEAR AN[cBLB TANAKA & WALbRON Attorneys at Law 1 General Counsel to the District 0999,0003:705632 2 DISTRICT: ST. VRAIlv LADS METROPOLITAN DISTRICT NOS.1-4 President