To: Honorable Mayor and Members of Town Council
From: Michael J. Hyman, Town Attorney
Title
Resolution Appointing Directors to the Board of Directors of Dawson Trails Metropolitan District No. 6
Body
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Executive Summary
The attorney for Dawson Trails Metropolitan District No. 6 (the “District”) has notified the Town that all five seats on the board of directors for the District are vacant. As a result, the District is unable to take any action. A petition has been submitted asking the Town Council to adopt a resolution appointing five qualified and willing eligible electors to the District board. A resolution making these appointments is presented for Town Council’s consideration at tonight’s meeting.
Background
Dawson Trails Metropolitan District No. 6 is a statutory special district located wholly within the boundaries of the Town. The District operates pursuant to the District’s service plans, with the authority to provide services and facilities related to water, sewer, storm drainage, and streets. The board of directors for the District is now vacant, leaving the District unable to take any formal action. This, in turn, has resulted in the interruption of services provided by the District.
Pursuant to Section 32-1-905(2.5), C.R.S. the Town Council is authorized to appoint individuals to a special district’s board of directors if that district’s board of directors is entirely vacant and the failure to appoint a new board will result in the interruption of services provided by the district. The attorney for the District, acting on behalf of the District’s electors, has submitted a petition, asking that the Town Council appoint Lawrence P. Jacobson, Jeffrey Jacob Schroeder, Megan Waldschmidt, Paige Langley, and Blake Amen to serve on the District’s board of directors.
Staff Recommendation
Staff recommends that the Town Council honor the District’s request and adopt a resolution making the appointments to the District board.
Proposed Motion
“I move to approve the Resolution as introduced by title.”
Alternative Motions
“I move to approve the Resolution as introduced by title, with the following conditions: (list conditions).”
OR
“I move to continue this item to the Town Council meeting on _____ date to allow additional time to (list information needed).”
Attachments
Attachment A: Resolution
Attachment B: Petition for Appointment
Attachment C: Letter from District Legal Counsel
Attachment D: Affidavit of Publication - Notice of Vacancy