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Council consents to dissolution of 140 Fourth Avenue Metropolitan Districts 1 and 2; property owner to record covenants to keep park public
Summary
The council voted 7-0 to consent to dissolving two small metropolitan districts that managed a 0.85-acre park adjacent to an apartment complex; the owner agreed to record covenants to maintain the park as public space and the city authorized the manager to sign the declaration of covenants.
The Westminster City Council on Jan. 27 approved the city's consent to dissolve two small metropolitan districts that operate and maintain a 0.85-acre park at 140 Fourth Avenue and authorized a declaration of covenants to ensure the park remains open to the public.
Deborah Early, outside counsel for the districts, told the council the districts were unique in that they had no authority to levy property taxes and were funded through a park-facility fee paid by the adjacent apartment complex's owner. "This is not your typical Metropolitan District. We have absolutely no authority to impose taxes," Early said, describing the district's limited operations and the overhead costs that made continued separate district status impractical.
Early said the property owner agreed to record a declaration of covenants, conditions and restrictions that would obligate the owner to continue operating and maintaining the green space as a public park once the district is dissolved. The district still must obtain a court order to finalize dissolution after the council's consent.
Councilor Brenda DeMott moved to adopt the resolution approving the city's consent to dissolution; the motion passed on a seven-zero roll call. DeMott then moved to authorize the city manager to sign the declaration of covenants for the park within the boundaries of Metropolitan District Number 1; that motion also passed 7-0.
What happens next: After council's consent the district attorney will seek a court order to dissolve the districts. Once a dissolution order is recorded the property owner's recorded covenants will bind the land to continued public use and maintenance.
Clarifying details: The park was described as roughly 0.85 acres with public benches and a sculpture; the district covered maintenance funded by a park facility fee paid by the apartment owner. Early said the district's overhead had become disproportionately large compared with operating costs, prompting the request to dissolve.
Ending: The council's consents and recording of covenants are expected to preserve the park as a public space while eliminating the metropolitan districts' administrative overhead.
