To: Honorable Mayor and Members of Town Council
From: Michael J. Hyman, Town Attorney
Title
Resolution Ratifying the Appointment of Directors to the Boards of Directors of the Dawson Ridge Metropolitan District Nos. 1-5 [Dawson Ridge is located at the southwest portion of Town, along and west of I-25, south of Territorial Road to the Town’s southern boundary just north of Tomah Road]
Body
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Executive Summary
Last month, the attorney for Dawson Ridge Metropolitan District Nos. 1-5 (the “Districts”) notified both the Town and the County that the boards of directors for the Districts were vacant and unable to take any action. In response, the Board of County Commissioners adopted Resolution No. R021-078 appointing four qualified and willing eligible electors to the boards. A Resolution ratifying these appointments is being presented for Town Council’s consideration at tonight’s meeting.
Background
Dawson Ridge Metropolitan District Nos. 1-5 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 were entirely vacant, leaving the Districts unable to take any formal action. This, in turn, has resulted in the interruption of services provided by the Districts.
Pursuant to Section 32-1-905(2.5), C.R.S. both the Board of County Commissioners and the Town Council are 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, submitted a petition, asking that the Board of County Commissioners appoint Colleen Huber, Jeffrey Jacob Schroeder Andrew Klein and, Lawrence P. Jacobson to serve as the directors of the boards until such time as an election can be held next May to elect new boards for the Districts. To ensure compliance with Section 32-1-905(2.5), C.R.S., the attorney for the Districts has requested that Town Council ratify the appointments made by the County.
Staff Recommendation
Staff recommends that the Town Council honor the Districts’ request and adopt a resolution ratifying the appointments to the Districts’ boards.
Proposed Motion
“I move to approve the Resolution as introduced by title.”
Attachments
Attachment A: Resolution
Attachment B: Copy of the resolution adopted by the DougCo BOCC
Attachment C: Letter from District legal counsel to the BOCC
Attachment D: Publisher’s Affidavit for vacancy