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Home My WebLink About14693 RESOLUTION NO. 14693 A RESOLUTION APPROVING THE EXCLUSION OF PROPERTY FROM THUNDERVILLAGE METROPOLITAN DISTRICT WHEREAS, Title 32 of the Colorado Revised Statutes (“C.R.S.”) authorizes the formation of various kinds of governmental entities to finance and operate public services and infrastructure, including metropolitan districts; and, WHEREAS, on September 22, 2008, the City Council adopted Resolution No. 11407 conditionally approving the Service Plan for the ThunderVillage Metropolitan District (“District’), as more particularly set forth in Exhibits A and B of the Service (the “District Boundary”); and, WHEREAS, the District Boundary currently consists of approximately 923 acres of land; and, WHEREAS, approximately 562 acres (the “Property”) has been sold to a new owner within the Districts’ Boundary that will be included within a newly formed metropolitan district; and, WHEREAS, the fee owners of one hundred percent of the property included in the ThunderVillage Metropolitan District Board of Directors petition to exclude property desire to exclude their property from the District Boundary; and, WHEREAS, the District Board wishes to begin the exclusion process in the Special District Act found in Part 5 of Article 1 in Title 32 of the Colorado Revised Statutes (the “Exclusion Statutes”) to exclude said Property from the District Boundary; and, WHEREAS, Section III. of the Service Plan requires any exclusion of property from the District boundary shall be subject to the prior approval of the City to ensure that the proposed boundary adjustment is consistent with purposes and authorization set forth in the Service Plan; and, WHEREAS, the Council finds that the exclusion of the approximate 562 acres from the District Boundaries based on the new property owner petitioning to establish Villa Bella Metropolitan Districts Nos. 1-3, which will provide similar services to the excluded property at a reasonable cost and will be able to pace the development of public improvements and services, and financing of public infrastructure based on the needs of the community; and, WHEREAS, the Council hereby finds that the petition from the Board of Directors of the ThunderVillage Metropolitan District to exclude approximately 562 acres from the boundary of the District should be approved as provided herein, pursuant to Section 32-1-207, C.R.S; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City Council of Pueblo, a Colorado Municipal Corporation (“City”) hereby makes and adopts the findings and determinations contained in the recitals set forth above. SECTION 2. The City hereby approves, in accordance with Section III. of the Service Plan, the exclusion of approximately 562 acres from the boundary of the ThunderVillage Metropolitan District legally described and depicted in the attached Exhibit A. SECTION 3. The City’s approval of this Resolution of the exclusion of property is being granted based on the representations of the Board of Directors of the ThunderVillage Metropolitan District that such exclusion will hereafter be conducted and finalized in accordance with all applicable requirements of the Exclusion Statutes. SECTION 4. The Council hereby approves and authorizes the attachment of this Resolution to the Petition for exclusion of property from the boundary of the ThunderVillage Metropolitan District in accordance with Section 32-1-207, C.R.S. SECTION 5. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of the Resolution to implement the policies and procedures described herein. SECTION 6. This Resolution shall become effective immediately upon final passage and approval. INTRODUCED September 13, 2021 BY: Robert Schilling MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # J-1 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: September 13, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: A RESOLUTION APPROVING THE EXCLUSION OF PROPERTY FROM THUNDERVILLAGE METROPOLITAN DISTRICT SUMMARY: The District Board of the ThunderVillage Metropolitan District (“ThunderVillage”) has requested the City to approve the exclusion of approximately 562 acres of residential use property generally located to the northeast of the Troy Avenue and State Highway 47 intersection; Section 16, Township 20 South, Range 64 West, City and County of Pueblo, Colorado; and adjacent to the easterly boundary of Colorado State University – Pueblo. The property to be excluded has been acquired by a new owner who is the proponent for the creation of the Villa Bella Metropolitan Districts Nos.1-3 which includes the area that is requested to be excluded from ThunderVillage. PREVIOUS COUNCIL ACTION: None. BACKGROUND: On September 22, 2008, the City Council adopted Resolution No. 11407 conditionally approving the Service Plan for the ThunderVillage Metropolitan District. The Service Plan includes exhibits that legally describe and depict in maps the District’s boundary that includes approximately 923 acres of land. The property to be excluded has been acquired by new owners who are the proponents for the creation of the Villa Bella Metropolitan Districts Nos.1-3 which includes the area that is requested to be excluded from the ThunderVillage. The new district will provide similar services to the excluded property at a reasonable cost and will be able to pace the development of public improvements and services, and financing of public infrastructure based on the needs of the community. The area that is being requested to be excluded from ThunderVillage is legally described and depicted in Exhibit A attached to the Resolution. Section III. of the Service Plan requires any exclusion of the District boundary shall be subject to the prior approval of the City to ensure that the proposed boundary adjustment is consistent with purposes and authorization set forth in the Service Plan. If City Council grants its approval, ThunderVillage must proceed to use the exclusion process set out the Special District Act found in Part 5 of Article 1 in Title 32 of the Colorado Revised Statutes (”Exclusion Statutes”). The Council’s approval of this Resolution will therefore allow ThunderVillage to pursue the process in the Exclusion Statutes to exclude the approximately 562 acres from the Districts’ Boundaries. FINANCIAL IMPLICATIONS: This Resolution has no financial impact on the City. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: If the exclusion of the property from the boundary of ThunderVillage is not approved the District boundary will remain the same and the new owner of the approximately 562 acres will not be able to proceed with its current development plans. RECOMMENDATION: Approval of the Resolution. Attachments: Proposed Resolution Resolution and Order for Exclusion of Property by the Board of Directors of the ThunderVillage Metropolitan District Exhibit A – Petition for Exclusion and Legal Description Exhibit B – Proof of Publication Map Exhibits