To: Honorable Mayor and Members of Town Council
From: Michael J. Hyman, Town Attorney
Title
Resolution Appointing Directors to the Boards of Directors of Westfield Metropolitan District Nos. 1-2
Body
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Executive Summary
The attorney for Westfield Metropolitan District Nos. 1-2 (the “Districts”) has notified the Town that the boards of directors for the Districts are vacant after several years of inactivity. Accordingly, she has filed a request with the Town Council to take formal action for the purpose of reconstituting the boards. A resolution appointing three qualified and willing eligible electors to the boards is being presented for Town Council’s consideration at tonight’s meeting.
Background
Westfield Metropolitan District Nos. 1-2 are statutory special districts located wholly within the boundaries of the Town. The Districts operate pursuant to the Districts’ service plans, with the authority to provide services and facilities related to water, sewer, storm drainage, and streets. The boards of directors for the Districts are both entirely vacant. As a result, the Districts are unable to take any formal action, which, in turn, has resulted in the interruption of services provided by the Districts.
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 that are provided by the district. The attorney for the Districts, acting on behalf of the Districts’ electors, has submitted a petition, asking that the Town Council appoint the Districts’ boards of directors from qualified individuals within the Districts. In that petition, the names of three such individuals, Andrew Klein, Lawrence P. Jacobson, and Jeffrey Jacob Schroeder, have been put forward to serve as the directors of the boards until such time as an election can be held this November to elect new boards for the Districts.
Staff Recommendation
Staff recommends that the Town Council honor the Districts’ request and adopt a resolution making the appointments to the Districts’ boards.
Proposed Motion
“I move to approve the Resolution as introduced by title.”
Attachments
Attachment A: Letter from Districts’ legal counsel and attached petition
Attachment B: Resolution
Attachment C: Location Map