To: Honorable Mayor and Members of Town Council
From: Michael J. Hyman, Town Attorney
Title
Resolution Approving the Third Amendment to the Master Intergovernmental Agreement Between the Town of Castle Rock, Founders Village Metropolitan District and Villages at Castle Rock Metropolitan District No. 4
Body
__________________________________________________________________________
Executive Summary
The Town has received a request to approve a Third Amendment to the Master Intergovernmental Agreement (the “Third Amendment”) between the Town, Founders Village Metropolitan District, and Villages at Castle Rock Metropolitan District No. 4 (collectively, the “Districts”). The Town and the Districts entered into the original Master Intergovernmental Agreement (the "MIGA") on May 1, 1995. Since that time, the MIGA has been amended twice -- by the First Amendment to Master Intergovernmental Agreement dated August 22, 1996, and by the Second Amendment to Master Intergovernmental Agreement dated June 13, 2006.
The purpose of the Third Amendment is to acknowledge the Town’s consent to the inclusion of a 28-acre parcel of land owned by the William Memmen Trust (the “Memmen Property”) into the boundaries of Founders Village Metropolitan District (“FVMD”). According to Section 32-1-501(1)(a), C.R.S., additional property may be included within the boundaries of an existing special district if the owner or owners of 100% of such property file a petition with the district board requesting that it be included in the district. To this end, FVMD has informed the Town that it has received a petition for the inclusion of the Memmen Property from the 100% owner and, further, that it desires to approve such petition. Before any inclusion may be approved, however, FVMD must obtain the Town’s approval pursuant to Paragraph 11.3 of the MIGA.
During the course of the Town’s discussions with the Districts concerning the proposed Third Amendment, a question was raised as to whether the Memmen Property would be subject to certain requirements of the MIGA that concern the rebate of Town fees. Section 5.5 and Exhibit F of the MIGA describe the various fees to be rebated by the Town to Villages at Castle Rock Metropolitan District No. 4 (“District 4”), for surplus water and sewer capacities developed by District 4. The Memmen Property, however, is not located within the area that is subject to this requirement. As a result, District 4 will not be entitled to receive any rebate of fees collected from the development of the Memmen Property.
1 As a condition to the inclusion of the Memmen Property into the boundaries of FVMD, and concurrent with the addition of such Property into the boundaries of FVMD, the Memmen Property is being separately excluded from the boundaries and territory of Villages at Castle Rock Metropolitan District No. 9.
Staff Recommendation
Staff makes no recommendation regarding approval of the Third Amendment as presented.
Proposed Motion
“I move to approve the Resolution as introduced by title.”
Attachments
Attachment A: Resolution
Exhibit 1: Third Amendment to the Master Intergovernmental Agreement
Attachment B: Map of the properties subject to the fee rebate requirements of the MIGA