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HomeMy WebLinkAbout20132240.tiffRECEIVED AUG 082013 WELD COUNTY COMMISSIONERS EAST I.25 SANITATION DISTRICT Weld County, Colorado FINANCIAL STATEMENTS December 31, 2012 C wvu. ca±o'S (1)-11/3 90(3- ago SD oC774 TABLE OF CONTENTS PAGE INDEPENDENT AUDITORS' REPORT BASIC FINANCIAL STATEMENTS Government -wide Financial Statements: Statement of Net Position 1 Statement of Activities 2 Fund Financial Statements: Balance Sheet - Governmental Funds 3 Statement of Revenues, Expenditures and Changes in Fund Balances - Governmental Funds 4 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities 5 General Fund - Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 6 Notes to Financial Statements ,7 SUPPLEMENTARY INFORMATION 19 Debt Service Fund - Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 20 Capital Projects Fund - Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual 21 Summary of Assessed Valuation, Mill Levy and Property Taxes Collected 22 I i WAGNER BARNES & GRIGGS,PC Certified Public Accountants and Business Consultants INDEPENDENT AUDITOR'S REPORT To the Board of Directors East 1-25 Sanitation District Weld County, Colorado We have audited the accompanying financial statements of the governmental activities and each major fund of East 1-25 Sanitation District (the District) as of and for the year ended December 31, 2012, and the related notes to the financial statements, which collectively comprise the District's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatements, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities and each major fund of East I-25 Sanitation District, as of December 31, 2012, and the respective changes in financial position thereof, and the budgetary comparison for the general fund for the year then ended in accordance with accounting principles generally accepted in the United States of America. Wagner Barnes & Griggs, PC 12136 West Bayaud Ave„ Suite 300 • Lakewood, Colorado 80228 303 202 1800 Office • 303.237 0155 Fax • www wbcpaco,com r. Other Matters District Dissolution As discussed in Note 12 to the financial statements, the District held an election on May 8, 2012 and the voters approved a ballot initiative that ordered the dissolution of the District. On May 23, 2012, the Order Decree Dissolving the District was signed by the court. The District will continue in existence for the sole purpose of securing payment in full of the principal and interest of outstanding bonded indebtedness. Required Supplementary Information Management has omitted management's discussion and analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the basic financial statements. Such missing information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Our opinion on the basic financial statements is not affected by this missing information. Other Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the District's basic financial statements. The supplementary information as listed in the table of contents is presented for purposes of legal compliance and additional analysis and is not a required part of the basic financial statements. The supplementary information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated in all material respects in relation to the basic financial statements as a whole. 0 s-rdic, Lakewood, Colorado July 31, 2013 II BASIC FINANCIAL STATEMENTS EAST I-25 SANITATION DISTRICT STATEMENT OF NET POSITION December 31, 2012 Governmental Activities ASSETS Cash Cash - Restricted Receivable - County Treasurer Property taxes receivable Total assets LIABILITIES Accounts payable Accrued interest payable Noncurrent liabilities Due within one year Total liabilities DEFERRED INFLOWS OF RESOURCES Property tax revenue Total deferred inflows of resources NET POSITION Restricted for: Emergencies (TABOR) Debt service Unrestricted Total net position $ 1,235 51,001 2,003 486,985 541,224 6,038 8,762 413,994 428.794 486,985 486,985 2,800 48,201 (425,556) $ (374,555) These financial statements should be read only in connection with the accompanying notes to financial statements. 1 'Ili7 G T a .0 o a h • se P p"p O O r N CO a 0 U zP. �"zini 441 cps 69 68 o ▪ cal U w 4U ) Functions/Pro 6S 68 69 N en en 4, .00 0 N O l"-- V)'CO N m 00 00 M Vl an , n Ol erc U\ r -- Ns 48 .C EAST I-25 SANITATION DISTRICT BALANCE SHEET GOVERNMENTAL FUNDS December 31, 2012 ASSETS Cash Restricted cash Receivable - County Treasurer Property taxes receivable TOTAL ASSETS LIABILITIES, DEFERRED INFLOWS OF RESOURCES AND FUND BALANCES LIABILITIES Accounts payable Total liabilities DEFERRED INFLOWS OF RESOURCES Property tax revenue Total deferred inflows of resources FUND BALANCES Restricted for: Emergencies (TABOR) Unassigned: General government Debt service Total fund balances TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES AND FUND BALANCES General Total Debt Capital Governmental Service Projects Funds $ 1,235 $ 2,800 2,003 48,201 486,985 $ 1,235 51,001 2,003 486,985 $ 6,038 $ 535,186 $ $ 541,224 $ 6,038 $ - $ 6,038 6,038 - - 6,038 486,985 - 486,985 486,985 - 486,985 2,800 - - 2,800 (2,800) 48,201 48,201 48,201 (2,800) 48,201 $ 6,038 $ 535,186 Long-term liabilities, including bonds payable, are not due and payable in the current period and, therefore, are not recorded as liabilities in the funds. Bonds payable - Series 2008 Bonds payable - Series 2012 Accrued interest on bonds payable Net position of governmental activities These financial statements should be read only in connection with the accompanying notes to financial statements. 3 (327,986) (86,008) (8,762) $ (374,555) EAST I-25 SANITATION DISTRICT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS Year Ended December 31, 2012 REVENUES Property taxes Specific ownership taxes Net investment income Other income Total revenues EXPENDITURES Current Accounting Audit Treasurer's fees Insurance and bonds Dues and subscriptions Legal services District management Miscellaneous Debt service Bond principal Bond interest Total expenditures General Total Debt Capital Governmental Service Projects Funds $ 65,557 $ 262,228 $ - $ 327,785 24,561 24,561 92 370 462 1,060 - 1,060 91,270 262,598 353,868 17,563 3,900 985 2,066 1,558 46,421 2,498 220 3,939 17,563 3,900 4,924 2,066 1,558 46,421 2,498 220 209,651 209,651 45,824 45,824 75,211 259,414 - 334,625 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES 16,059 3,184 - 19,243 OTHER FINANCING SOURCES (USES) Transfers to other funds Transfers from other funds Total other financing sources (uses) NET CHANGE IN FUND BALANCES FUND BALANCES - BEGINNING OF YEAR FUND BALANCES - END OF YEAR (42,483) (1,614) (44,097) 1,614 42,483 - 44,097 (40,869) 42,483 (1,614) (24,810) 45,667 (1,614) 19,243 24,810 2,534 1,614 28,958 $ 48,201 $ $ 48,201 These financial statements should be read only in connection with the accompanying notes to financial statements. 4 EAST I-25 SANITATION DISTRICT RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES Year Ended December 31, 2012 Amounts reported for governmental activities in the statement of activities are different because: Net change in fund balances - Total governmental funds $ 19,243 The issuance of long-term debt (e.g., bonds, leases) provides current financial resources to governmental funds, while the repayment of the principal of long-term debt consumes the current financial resources of governmental funds. Neither transaction, however, has any effect on net position. The net effect of these differences in the treatment of long-term debt and related items is as follows: Current year bond principal payment Developer advance - Bonds 2012 Developer advance converted to bonds Accrued interest on Developer advance - Change in liability Accrued interest on bonds payable - Change in liability 209,651 86,008 (86,008) (990) (8,762) Changes in net position of governmental activities $ 219,142 These financial statements should be read only in connection with the accompanying notes to financial statements. 5 EAST I-25 SANITATION DISTRICT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL GENERAL FUND Year Ended December 31, 2012 Budget Variance with Amounts Final Budget Original Actual Positive and Final Amounts (Negative) REVENUES Property taxes Specific ownership taxes Net investment income Other income Total revenues EXPENDITURES Accounting Audit County Treasurer's fees Insurance and bonds Dues and subscriptions Legal services District management Miscellaneous Contingency Total expenditures EXCESS OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES) Transfers from other fund Transfers to other funds Total other financing sources NET CHANGE IN FUND BALANCES FUND BALANCES - BEGINNING OF YEAR $ 65,557 $ 65,557 $ - 26,220 24,561 (1,659) 92 92 1,060 1,060 91,777 91,270 (507) 25,000 17,563 7,437 4,500 3,900 600 983 985 (2) 3,000 2,066 934 1,500 1,558 (58) 30,000 46,421 (16,421) 15,000 2,498 12,502 100 220 (120) 4,917 4,917 85,000 75,211 9,789 6,777 16,059 9,282 1,614 1,614 (42,483) (42,483) (40,869) (40,869) 6,777 (24,810) (31,587) 2,671 24,810 22,139 FUND BALANCES - END OF YEAR $ 9,448 $ $ (9,448) These financial statements should be read only in connection with the accompanying notes to financial statements. 6 EAST I-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31, 2012 NOTE 1 - DEFINITION OF REPORTING ENTITY East I-25 Sanitation District (District), a quasi -municipal corporation and political subdivision of the State of Colorado, was organized by order and decree of the District Court of Weld County on November 1, 2007, and is governed pursuant to provisions of the Colorado Special District Act (Title 32, Article 1, Colorado Revised Statutes). The District was organized to provide construction, installation, financing and operation of public improvements, including sanitary sewer. The District's service area is located entirely within Weld County, Colorado. The District follows the Governmental Accounting Standards Board (GASB) accounting pronouncements which provide guidance for determining which governmental activities, organizations and functions should be included within the financial reporting entity. GASB pronouncements set forth the financial accountability of a governmental organization's elected governing body as the basic criterion for including a possible component governmental organization in a primary government's legal entity. Financial accountability includes, but is not limited to, appointment of a voting majority of the organization's governing body, ability to impose its will on the organization, a potential for the organization to provide specific financial benefits or burdens and fiscal dependency. The District is not financially accountable for any other District organization, nor is the District a component unit of any other primary governmental entity. The District has no employees and all operations and administrative functions are contracted. NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The more significant accounting policies of the District are described as follows: Government -wide and Fund Financial Statements The government -wide financial statements include the statement of net position and the statement of activities. These financial statements include all of the activities of the District. For the most part, the effect of interfund activity has been removed from these statements. Governmental activities are normally supported by taxes and intergovernmental revenues. The statement of net position reports all financial and capital reserves of the District. The difference between the assets and deferred outflows of resources and liabilities and deferred inflows of resources of the District is reported as net position. 7 EAST I-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31, 2012 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) The statement of activities demonstrates the degree to which the direct and indirect expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment, and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Separate financial statements are provided for the governmental funds. Major individual governmental funds are reported as separate columns in the fund financial statements. Measurement Focus, Basis of Accounting and Financial Statement Presentation The government -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the District considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. The material sources of revenue subject to accrual are property taxes and interest. Expenditures, other than interest on long-term obligations, are recorded when the liability is incurred or the long-term obligation is due. The government reports the following major governmental funds: The General Fund is the District's primary operating fund. It accounts for all financial resources to the general government, except those required to be accounted for in another fund. The Debt Service Fund accounts for the resources accumulated and payments made for principal and interest on long-term general obligation debt of the governmental funds. The Capital Projects Fund is used to account for financial resources to be used for the acquisition and construction of capital equipment and facilities. 8 EAST I-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31, 2012 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Budgets In accordance with the State Budget Law, the District's Board of Directors holds public hearings in the fall each year to approve the budget and appropriate the funds for the ensuing year. The appropriation is at the total fund expenditures level and lapses at year end. The Board can modify the budget by line item within the total appropriation without notification. The appropriation can only be modified upon completion of notification and publication requirements. The budget includes each fund on its basis of accounting unless otherwise indicated. The District incurred expenditures in excess of appropriation for the year ended December 31, 2012 in the General Fund and Capital Projects Fund, which may be in violation of the Local Government Budget Law. Pooled Cash and Investments The District follows the practice of pooling cash and investments of all funds to maximize interest earnings. Except when required by trust or other agreements, all cash is deposited to and disbursed from a single account. Cash in excess of immediate operating requirements is pooled for deposit and investment flexibility. Investment earnings are allocated to the participating funds based upon each fund's average equity balance in the total cash. Investments are carried at fair value. Property Taxes Property taxes are levied by the District's Board of Directors. The levy is based on assessed valuations determined by the County Assessor generally as of January 1 of each year. The levy is normally set by December 15 by certification to the County Commissioners to put the tax lien on the individual properties as of January 1 of the following year. The County Treasurer collects the determined taxes during the ensuing calendar year. The taxes are payable by April or, if in equal installments, at the taxpayer's election in February and June. Delinquent taxpayers are notified in August and generally sales of the tax liens on delinquent properties are held in November or December. The County Treasurer remits the taxes collected monthly to the District. Property taxes, net of estimated uncollectible taxes, are recorded initially as deferred inflows of resources in the year they are levied and measurable. The unearned property tax revenue is recorded as revenue in the year it is available or collected. EAST I-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31, 2012 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Amortization Original Issue Discount/Premium In the government -wide financial statements, bond premiums and discounts are deferred and amortized over the life of the bonds using the straight-line method. In the fund financial statements, governmental fund types recognized bond premiums and discounts during the current period. The face amount of debt issued is reported as other financial sources. Premium received on debt issuance are reported as other financing sources while discounts on debt issuance are reported as other financial uses. Fund Equity Fund balance for governmental funds should be reported in classifications that comprise a hierarchy based on the extent to which the government is bound to honor constraints on the specific purposes for which spending can occur. Governmental funds report up to five classifications of fund balance: nonspendable, restricted, committed, assigned, and unassigned. Because circumstances differ among governments, not every government or every governmental fund will present all of these components. The following classifications describe the relative strength of the spending constraints: • Nonspendable fund balance — The portion of fund balance that cannot be spent because it is either not in spendable form (such as prepaid amounts or inventory) or legally or contractually required to be maintained intact. • Restricted fund balance — The portion of fund balance that is constrained to being used for a specific purpose by external parties (such as bondholders), constitutional provisions, or enabling legislation. • Committed fund balance — The portion of fund balance that can only be used for specific purposes pursuant to constraints imposed by formal action of the government's highest level of decision -making authority, the Board of Directors. The constraint may be removed or changed only through formal action of the Board of Directors. • Assigned fund balance — The portion of fund balance that is constrained by the government's intent to be used for specific purposes, but is neither restricted nor committed. Intent is expressed by the Board of Directors to be used for a specific purpose. Constraints imposed on the use of assigned amounts are more easily removed or modified than those imposed on amounts that are classified as committed. 10 EAST I-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31, 2012 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) • Unassigned fund balance — The residual portion of fund balance that does not meet any of the criteria described above. If more than one classification of fund balance is available for use when an expenditure is incurred, it is the District's policy to use the most restrictive classification first. New Accounting Pronouncements Effective January 1, 2012, the District implemented the provisions of GASB No. 63, "Financial Reporting of Deferred Outflows of Resources, Deferred Inflows of Resources, and Net Position" (GASB No. 63) and early implemented the provisions of GASB No. 65, "Items Previously Reported as Assets and Liabilities" (GASB No. 65). GASB No. 63 provides guidance for reporting deferred outflows and deferred inflows of resources as introduced and defined in GASB Concepts Statement No. 4 "Elements of Financial Statements" (Concepts Statement No. 4). Concepts Statement No. 4 defines a deferred outflow of resources as a consumption of net assets that is applicable to a future reporting period. A deferred inflow of resources is defined as an acquisition of net assets applicable to a future reporting period. The impact on the District's financial statements has been to replace the term "net assets" with "net position". GASB No. 65 establishes accounting and financial reporting standards that reclassify, as deferred outflows of resources or deferred inflows of resources, certain items that were previously reported as assets or liabilities. Some assets previously reported as assets are now reported as an outflow of resources/expenses. One of these assets is debt issuance costs. The District's beginning net position has been restated to reflect expensing all debt issuance costs that had been previously capitalized. The effect of this treatment is as follows: Net position — December 31, 2011, as originally stated Restatement related to debt issuance costs Net position — December 31, 2011, as restated $ (571,310) (22,387) 1593,697) Additionally, the District's receivable related to property taxes to be collected in 2013 is treated as a deferred inflow of resources. 11 EAST 1-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31, 2012 NOTE 3 -CASH Cash and investments as of December 31, 2012 are classified in the accompanying financial statements as follows: Statement of net position: Cash Cash - Restricted Total cash Deposits with Financial Institutions $ 1,235 51,001 $ 52.236 The Colorado Public Deposit Protection Act (PDPA) requires that all units of local government deposit cash in eligible public depositories. Eligibility is determined by state regulators. Amounts on deposit in excess of federal insurance levels must be collateralized. The eligible collateral is determined by the PDPA. PDPA allows the institution to create a single collateral pool for all public funds. The pool for all the uninsured public deposits as a group is to be maintained by another institution or held in trust. The market value of the collateral must be at least 102% of the aggregate uninsured deposits. The State Commissioners for banks and financial services are required by statute to monitor the naming of eligible depositories and reporting of the uninsured deposits and assets maintained in the collateral pools. At December 31, 2012, the District's cash deposits had a bank balance of $52,236 and a carrying balance of $52,236. NOTE 4 - INTERFUND TRANSFER The transfer of $42,483 from the General Fund to Debt Service Fund was done for the purpose of closing the General Fund operations in conformance with the resolution dissolving the District, and the transfer of $1,614 from Capital Project Fund to General Fund was done for the purpose of providing funds for the General Fund expenditures. 12 EAST I-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31, 2012 NOTE 5 - INTERGOVERNMENTAL AGREEMENT On November 14, 2008, the District entered into an Intergovernmental Agreement with St. Vrain Sanitation District (St. Vrain). Pursuant to this agreement the District shall construct, at its sole cost and expense, a Collection System and new line for connection from St. Vrain's Interconnection Point in accordance with the specifications set forth by St. Vrain. Additionally, upon conveyance of the constructed Collection System to St. Vrain by the District, St. Vrain shall assume all responsibility for maintenance of the Collection System. All users within the District shall purchase a connection directly from St. Vrain. The connection fee will consist of St. Vrain's then current tap fee, a reimbursement charge as determined by both parties, and any additional District fees as established by its Board of Directors. St. Vrain shall act only as the collection agent for the District's fees and shall remit all collected District fees back to the District. NOTE 6 - LONG-TERM OBLIGATIONS The following is an analysis of the changes in the District's long-term obligations for the year ended December 31, 2012: Balance at Balance at December 31, Net Issues/ Retirements/ December 31, Current 2011 Additions Refunding 2012 Portion Limited Tax G.O. Bonds Series 2010 $ 537,637 $ - $ 209,651 $ 327,986 $ 327,986 Limited Tax G.O. Bonds Series 2012 - 86,008 - 86,008 86,008 Developer advances KNS Property Management 33,603 - 33,603 Merlin Maass and Susan Maass 20,000 20,000 Benson Farms LLC 26,000 - 26,000 Developer advance interest 5,415 990 6,405 $ 622,655 $ 86,998 $ 295,659 $ 413,994 $ 413,994 13 EAST 1-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31, 2012 NOTE 6 - LONG-TERM OBLIGATIONS (CONTINUED) The details of the District's long-term obligations are as follows: Series 2010, $720,000 Limited Tax General Obligation Bonds, Dated November 29, 2010. The Series 2010 Bonds are due November 28, 2040. Interest of 8.5% is payable annually on December 15. To the extent interest is not paid when due, interest shall compound annually on December 15 of each year, commencing December 15, 2010. Any amounts of principal and interest remaining unpaid on the Bonds on the Maturity Date shall be cancelled and discharged. The Series 2010 Bonds are being issued to each of the Developers in order to reimburse the Developers for the Reimbursable Costs, which the District has recognized under the Reimbursement Agreement. The Bonds are secured by and payable from the Pledged Revenue consisting of monies derived by the District from the following sources, net of any collection costs: (1) the Required Mill Levy, (2) any other legally available monies which the District determines to be treated as Pledged Revenue. Required Mill Levy means an ad valorem mill levy imposed upon all taxable property of the District each year in the amount sufficient to pay the principal, premium if any, and interest on the Bonds as the same become due and payable. The maximum Required Mill Levy is 20 mills. For collection year 2012, the District levied 20 mills for debt service. The Series 2010 Bonds are cash flow bonds and, as such, a schedule of debt service payments is indeterminable and therefore not provided. The District is showing $327,986 of the Series 2010 Bonds as a current obligation since it has budgeted to pay that amount in principal in 2013. Series 2012, $86,008 General Obligation Limited Tax Improvement Bonds, Dated February 15, 2012. The bonds are payable solely from pledged revenue, which may include general property taxes. The Bonds are due February 14, 2042, with an interest rate of 10.00%, paid annually on December 15. To the extent not paid when due, such interest shall compound annually on each payment date, at the rate born by the Bond. The Bonds are subject to redemption prior to maturity, at the option of the District, as a whole or in integral multiples of $1, in any order of maturity and any date, upon payment of par and accrued interest, without redemption premium. The Series 2012 Bonds are being issued to each of the Developers in order to reimburse the Developers for the Reimbursable Costs, which the District has recognized under the Reimbursement Agreement. The Series 2012 Bonds are cash flow bonds and, as such, a schedule of debt service payments is indeterminable and therefore not provided. The District is showing $86,008 of the Series 2012 Bonds as a current obligation since it has budgeted to pay that amount in principal in 2013. Series 2010 and Series 2012 Bonds were paid in full on June 28, 2013. 14 EAST I-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31, 2012 NOTE 6 - LONG-TERM OBLIGATIONS (CONTINUED) Debt Authorization On November 7, 2000, a majority of the qualified electors of the District authorized the issuance of indebtedness in an amount not to exceed $90,000,000, at an interest rate not to exceed 18% per annum. At December 31, 2012, the District had authorized but unissued indebtedness from this election in the following amounts allocated for the following purposes: Authorized Remaining November 7, at 2000 Authorization December 31, Election Used 2012 Sanitary sewer Operations and maintenance Refunding financial obligations $ 30,000,000 $ 1,224,448 $ 28,775,552 30,000,000 - 30,000,000 30,000,000 30,000,000 $ 90,000,000 $ 1,224,448 $ 88,775,552 In the future, the District may issue a portion or all of the remaining authorized but unissued general obligation debt for purposes of providing public improvements to support development as it occurs within the District's service area. NOTE 7 - NET POSITION The District has net position consisting of two components - restricted and unrestricted. The restricted component of net position consists of assets that are restricted for use either externally by creditors, grantors, contributors, or laws and regulations of other governments or imposed by law through constitutional provisions or enabling legislation. The District had restricted net position as of December 31, 2012 as follows: Restricted net position: Emergency reserve Debt service Total restricted net position 15 Governmental Activities $ 2,800 48,201 $ 51.001 EAST I-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31, 2012 NOTE 7 - NET POSITION (CONTINUED) The unrestricted component of net position is the net amount of the assets, deferred outflows of resources, liabilities and deferred inflows of resources that are not included in the determination of the restricted component of net position. The District's unrestricted net position as of December 31, 2012 totaled $(425,556). This deficit amount was a result of the District being responsible for the payment of bonds issued for public improvements which were conveyed to other governmental entities and which costs were removed from the District's financial records. NOTE 8 - RELATED PARTY The Developers of the property which constitutes the District are Benson Farms, LLC, Zeek Partnership, LLLP, Sekich Farms, Inc., Reynolds Cattle Company, Postle Properties III, LLC and Forestar Real Estate Group. The members of the Board of Directors are employees, owners or are otherwise associated with the Developer and may have conflicts of interest in dealing with the District. NOTE 9 - DEVELOPER ADVANCES The District has entered into Funding and Reimbursement Agreements with the Developer as follows: Advance and Reimbursement Agreement On November 14, 2008, the District entered into an Advance and Reimbursement Agreement with Benson Farms, LLC (Benson Farms), Zeek Partnership, LLP (Zeek), Sekich Farms, Inc. (Sekich), Reynolds Cattle Company (Reynolds), Postle Properties III, LLC (Postle) and Forestar Real Estate Group (Forestar). The agreement was amended on March 19, 2009 to clarify certain terms and provisions and to add George S. Reynolds Marital Trust (Reynolds Trust) as a party to the agreement. Benson Farms, Zeek, Sekich Farms, Reynolds, Postle, Forestar, and Reynolds Trust are collectively the Developer. Under the terms of this agreement the Developer agreed to provide advances to the District for the purpose of funding construction, operations and maintenance costs of the District. The District will reimburse the Developer for the advances subject to annual appropriation, when and if monies become available to do so plus accrued interest at the rate of 10% per annum. Principal of and interest on advances shall be due annually on December 15. To the extent interest on advances is not paid when due, such interest shall compound annually on December 15 at the interest rate set forth above. 16 EAST I-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31, 2012 NOTE 9 - DEVELOPER ADVANCES (CONTINUED) On February 15, 2012, the outstanding developer advances, along with the accrued interest, were converted to General Obligation Limited Tax Improvement Bonds, Series 2012. NOTE 10 - RISK MANAGEMENT Except as provided in the Colorado Governmental Immunity Act, the District may be exposed to various risks of loss related to torts, thefts of, damage to, or destruction of assets; errors or omissions; injuries to employees, or acts of God. The District is a member of the Colorado Special Districts Property and Liability Pool (Pool) as of December 31, 2012. The Pool is an organization created by intergovernmental agreement to provide property, liability, public officials liability, boiler and machinery and workers compensation coverage to its members. Settled claims have not exceeded this coverage in any of the past three fiscal years. The District pays annual premiums to the Pool for liability, property, public officials liability, and workers compensation coverage. In the event aggregated losses incurred by the Pool exceed amounts recoverable from reinsurance contracts and funds accumulated by the Pool, the Pool may require additional contributions from the Pool members. Any excess fluids which the Pool determines are not needed for purposes of the Pool may be returned to the members pursuant to a distribution formula. NOTE 11 - TAX, SPENDING AND DEBT LIMITATIONS Article X, Section 20 of the Colorado Constitution, referred to as the Taxpayer's Bill of Rights (TABOR) contains tax, spending, revenue and debt limitations which apply to the State of Colorado and all local governments. Spending and revenue limits are determined based on the prior year's Fiscal Year Spending adjusted for allowable increases based upon inflation and local growth. Fiscal Year Spending is generally defined as expenditures plus reserve increases with certain exceptions. Revenue in excess of the Fiscal Year Spending limit must be refunded unless the voters approve retention of such revenue. 17 EAST I-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31, 2012 NOTE 11 - TAX, SPENDING AND DEBT LIMITATIONS (CONTINUED) On May 6, 2008, a majority of the District's electors authorized the District to collect, retain and spend any and all amounts annually from any revenue sources whatsoever without regard to any limitations under TABOR. TABOR requires local governments to establish Emergency Reserves. These reserves must be at least 3% of Fiscal Year Spending (excluding bonded debt service). Local governments are not allowed to use the emergency reserves to compensate for economic conditions, revenue shortfalls, or salary or benefit increases. The District's management believes it is in compliance with the provisions of TABOR. However, TABOR is complex and subject to interpretation. Many of the provisions, including the interpretation of how to calculate Fiscal Year Spending limits may require judicial interpretation. NOTE 12 - DISSOLUTION OF THE DISTRICT On February 15, 2012, the District entered into a Pre -Inclusion and Dissolution Agreement with St. Vrain Sanitation District. Under the terms of this Agreement, the duties, functions and liabilities of East I-25 Metropolitan District were transferred to St. Vrain in a manner that assured the continuation of equivalent service and responsible administration and maintenance of facilities. On May 8, 2012, the District held an election and the voters approved a ballot initiative that ordered the dissolution of the District and on May 23, 2012, the Order Decree Dissolving the District was signed by the court. In accordance with Section 32-1-702(3)(c), C.R.S., and the terms of the Pre -Inclusion and Dissolution Agreement entered into February 12, 2012, between the District and St. Vrain Sanitation District, the District will continue in existence for the sole purpose of securing payment in full of the principal and interest of outstanding bonded indebtedness. This information is an integral part of the accompanying financial statements. 18 SUPPLEMENTARY INFORMATION 19 EAST I-25 SANITATION DISTRICT DEBT SERVICE FUND SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL Year Ended December 31, 2012 Budget Variance with Amounts Final Budget Original Actual Positive and Final Amounts (Negative) REVENUES Property taxes Net investment income Total revenues EXPENDITURES County Treasurer's fees Bond principal - Series 2010 Bond interest - Series 2010 Contingency Total expenditures EXCESS OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES) Transfers from other funds Total other financing sources NET CHANGE IN FUND BALANCES FUND BALANCES - BEGINNING OF YEAR $ 262,228 $ 262,228 $ 370 370 262,228 262,598 370 3,933 3,939 210,000 209,651 45,475 45,824 2,820 - 262,228 259,414 2,814 (6) 349 (349) 2,820 FUND BALANCES - END OF YEAR $ 3.184 3,184 42,483 42,483 42,483 42,483 45,667 45,667 2,534 2,534 $ 48,201 $ 48,201 20 EAST I-25 SANITATION DISTRICT SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL CAPITAL PROJECTS FUND Year Ended December 31, 2012 Budget Variance with Amounts Final Budget Original Actual Positive and Final Amounts (Negative) REVENUES Total revenues $ EXPENDITURES Total expenditures EXCESS OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES) Transfers to other funds Total other financing sources NET CHANGE IN FUND BALANCES FUND BALANCES - BEGINNING OF YEAR $ $ (1,614) (1,614) (1,614) (1,614) (1,614) (1,614) 1,614 1,614. FUND BALANCES - END OF YEAR 21 EAST 1-25 SANITATION DISTRICT SUMMARY OF ASSESSED VALUATION, MILL LEVY AND PROPERTY TAXES COLLECTED December 31, 2012 Prior Year Assessed Valuation for Current Total Mills Levied Percent Year Ended Year Property General Debt Total Property Taxes Collected December 31 Tax Levy Operations Service Levied Collected to Levied 2009 $ 16,294,920 5.000 20.000 $ 407,375 $ 407,311 99.98% 2010 $ 23,402,120 5.000 20.000 $ 585,052 $ 585,053 100.00% 2011 $ 12,628,370 5.000 20.000 $ 315,709 $ 315,709 100.00% 2012 $ 13,111,380 5.000 20.000 $ 327,785 $ 327,785 100.00% Estimated for year ending December 31, 2013 $ 28,068,320 0.000 17.350 $ 486,985 22 Hello