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HomeMy WebLinkAbout20132581.tiffGARY R. WRITE KRISTEN D. BEAR WfLLIANI P. ANKELE, JR. JENNIFER GRUBER TANAKA* K. SEAN ALLEN GEORGE M. ROWLEY** WHITE _ • : EAR ANKELE PROFESSIONAL CORPORATION ATTORNEYS AT LAW June 25, 2013 VIA EMAIL AND HAND DELIVERY Weld County Board of County Commissioners Attn: Monica Daniels -Mika, Clerk to the Board 1150 O Street P.O. Box 758 Greeley, CO 80632 Re: Platte Valley Recreation District Service Plan Submittal Dear Ms. Daniels -Mika: CLINT C. WALDRON NEIL RUTLEDGE ***ROBERT G. ROGERS BRENT E. Sunni KRISTIN J. BOWERS * "*ZACHARY P. 'Warn Attached please find an electronic version of the Service Plan for the proposed Platte Valley Recreation District for consideration by the Board of County Commissioners. The Service Plan is based on the model service plan adopted by Weld County, with some minor changes to account for the unique statutory requirements applicable to park and recreation districts. Two hard copies of the Service Plan will be hand delivered to your office by courier. The submittal fee of $500.00 will be delivered separately to your office. We look forward to discussing this matter further with you. In the interim, should you have any immediate questions regarding this submittal, please do not hesitate to contact me. Sincerely, WHITE, BEAR & ANKELE Professional Corp • • tion Brent E. Butzin. Esq. BEB:krk Cc: Michelle Martin, Planning Manager Brad Yatabe, Assistant Weld County Attorney www.whitebearankele.com 515105 2154 E. Commons Avenue, Suite 2000 • Centennial, CO 80122 Telephone (303) 858-1800 • Facsimile (303) 858-1801 Alto flantrd in •New .Ka-leo. "Utak "'mar "'"Colorado Admialon Pending o?0/3-a58I /A A All AalalA EXECUTIVE SUMMARY PLATTE VALLEY RECREATION DISTRICT SERVICE PLAN June 19, 2013 District Purpose and Powers • Park and Recreation District under Special District Act • Organized to fund construction and operation of multi -use recreational/athletic/community use facilities, together with associated programs, activities and events • Facilities planned include gymnasiums, walking track, cardio/weight facilities, community rooms, childcare/preschool space, senior area, locker facilities, and indoor pool, associated outdoor facilities • Total estimated cost of initial facilities: approximately $16 Million • Proposed organizational election: November 5, 2013 Boundaries • Boundaries are co -extensive with those of the Platte Valley School District RE -7 • Proposed District has no legal affiliation with School District • Surface area of 40 acre tracts zoned and used for agricultural not taxed until use changes Financial Powers and Limitations • Revenues derived primarily from property tax mill levy • Oil and Gas assessed valuation accounts for approximately 93% of tax base • Projected bond issue in 2014 of approximately $16.5 Million • Maximum total debt cap: $25 Million • Maximum term of bonds: 30 years • Maximum mill levy for debt: 50 mills unless debt -to -assessed value ratio is less than 50%, in which case maximum mill levy does not apply • Operations levy not limited • Projected mill levy for debt service and operations combined: 6 mills • Projected mill levy equates to $7.96 per month for average home o Assumed $200,000 market value = $15,290 assessed value (at 7.96%) o 6 mills X $15,290 = $95.52/12 months =- $7.96/mo o Mill levy may be lower as conservative assessed value assumptions for oil and gas have been used • Other revenues as permitted by law 1277.0003: 513642 ...,-.....,.,.,............tiorzsa+arccr.-- SERVICE PLAN FOR PLATTE VALLEY PARK AND RECREATION DISTRICT WELD COUNTY, COLORADO Prepared by: White, Bear and Ankele Professional Corporation 2154 E. Commons Avenue, Suite 2000 Centennial, CO 80122 (303) 858-1800 [As Approved by Weld County Board of County Commissioners] DRAFT September 11, 2013 500122 TABLE OF CONTENTS I. INTRODUCTION 1 A. Purpose and Intent 1 B. Need for the District 1 • C. Objective of the County Regarding Districts Service Plan 2 II. DEFINITIONS 3 III. BOUNDARIES 4 IV. PROPOSED LAND USE AND ASSESSED VALUATION 4 V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES 5 A. Powers of the District and Service Plan Amendment 5 1. Operations and Maintenance 5 2. Construction Standards Limitation 5 3. Privately Placed Debt Limitation 5 4. Inclusion Limitation 5 5. Not Used 6 6. Total Debt Issuance Limitation 6 7. Monies from Other Governmental Sources 6 8. Consolidation Limitation 6 9. Eminent Domain Limitation 6 10. Service Plan Amendment Requirement 6 B. Primary Infrastructure Plan 6 VI. FINANCIAL PLAN 7 A. General 7 B. Maximum Voted Interest Rate and Maximum Underwriting Discount 7 C. Maximum Debt Mill Levy 8 D. Maximum Debt Mill Levy Imposition Term 8 E. Maximum Operations Levy F.Debt Repayment Sources 8 G. Security for Debt 9 H. TABOR Compliance 9 I. District's Operating Costs 9 J. Elections 9 VII. ANNUAL REPORT 9 A. General 9 B. Reporting of Significant Events 9 VIII. DISSOLUTION 10 IX. PROPOSED AND EXISTING INTERGOVERNMENTAL AGREEMENTS AND EXTRATERRITORIAL SERVICE AGREEMENTS 10 X. MATERIAL MODIFICATIONS 11 XI. RESOLUTION OF APPROVAL 11 XII. CONCLUSION 11 LIST OF EXHIBITS EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D Legal Description District Boundary Map Primary Infrastructure Plan Financial Plan • I. INTRODUCTION A. Purpose and Intent. The District is an independent unit of local government, separate and distinct from the County and, except as may otherwise be provided for by state or local law or this Service Plan, its activities are subject to review by the County only insofar as they may deviate in a material matter from the requirements of this Service Plan. It is intended that the District will provide a part or all of the Public Improvements for the use and benefit of all anticipated inhabitants and taxpayers of the District. The primary purpose of the District will be to finance the construction of these Public Improvements and conduct ongoing operations, maintenance and programming for such Public Improvements. This Service Plan has been prepared in accordance with Article XIV of Chapter 2 of the County Code, subject to modifications necessary and appropriate to the specific purpose of the District. B. Need for the District. There are currently no other governmental entities, including the County, located in the immediate vicinity of the District that consider it desirable, feasible or practical to undertake the planning, design, acquisition, construction, installation, relocation, redevelopment and financing of the Public Improvements. Formation of the District is therefore necessary in order for the Public Improvements to be provided in the most economic manner possible. In 2011, the Weld County Department of Public Health and Environment initiated the Weld County Community Health Improvement Plan, and later, in conjunction with the Colorado Department of Public Health and Environment, released the 2012 Health Status Report and Community Improvement Plan, A Roadmap for Improving Weld County's Health (the "County Health Plan"). The County Health Plan identified local issues of concern and set priorities for long-term health outcomes and five-year plan goals for the County. The most important priority health issue identified in the County Health Plan is "nutrition, physical activity, and obesity," with the associated five-year plan goal to "increase access and physical activity among less active adults and children in Weld County." The objective of the District will be to enhance the quality of life, physical activity and wellness of the Platte Valley community residents and visitors by providing access to affordable and quality recreational services, by organizing programs, activities and events, and maintaining safe and beautiful recreational amenities that meet both the current and future needs of the community. The goal of the District, in support of the County's goals identified in the County Health Plan, will be to facilitate programs for all ages and all financial backgrounds for health educational resources and programs. Athletic programs affect more than health. They provide positive character building, increase academic and occupational outcomes, lower school dropout rates, develop self-esteem, provide for healthy social interactions, and develop critical thinking and problem solving skills. • Currently the childhood obesity rate in the Platte Valley community is greater than 40% and rising. • Our community is growing. There are no current resources available in the proposed District for after school and summer programs • 1 • • • • Current physical education programs are restricted due to budget and time limitations during the school day • Senior Citizens are a major part of the community to be served by the District and the current facility and programs are very restricted due to limited resources • Athletic space is so sparse, the current recreation and club programs in the community to be served by the proposed District struggle for space for practice and games • A safe environment for ALL ages is needed in the community to be served The facilities are planned to include gymnasiums, walking track, cardio/weight facilities, indoor pool, after school programs, senior center, health education classes and other facilities. The facility is expected to be centrally located in or near Kersey supporting smaller remote communities in the Northern Colorado region. The District will also be authorized to provide park and recreation facilities in other areas of the District. The goal of the District will be to pursue the growth of current programs, and create new program offerings in the Northern Colorado Region with the intention of promoting health, fitness, and an active lifestyle for all community members and visitors. In addition, a separate organization, Platte Valley Recreation District Foundation, has been organized as a nonprofit entity to raise funding to promote and fund ongoing activities and programs for all families in the community regardless of economic status. The nonprofit plans to raise funding to offer program participation, uniforms, sports equipment, sponsor after school and summer programs, and provide scholarships for willing participants who would otherwise be unable to participate in athletic or academic programs offered by the District. C. Objective of the County Regarding District's Service Plan. The County's objective in approving the Service Plan for the District is to authorize the District to provide for the planning, design, acquisition, construction, installation, relocation and redevelopment of the Public Improvements from the proceeds of Debt to be issued by the District. All Debt is expected to be repaid by taxes imposed and collected for no longer than the Maximum Debt Mill Levy Imposition Term and at a tax mill levy no higher than the Maximum Debt Mill Levy. Debt which is issued within these parameters (as further described in the Financial Plan) will insulate property owners from excessive tax burdens to support the servicing of the Debt and will result in a timely and reasonable discharge of the Debt. This Service Plan is intended to establish a limited purpose for the District and explicit financial constraints that are not to be violated under any circumstances. The primary purpose is to provide for the Public Improvements. Ongoing operational and maintenance activities are allowed, but only as specifically addressed in this Service Plan. The District shall be authorized to finance the Public Improvements that can be funded from Debt to be repaid from tax revenues collected from a mill levy which shall not exceed the Maximum Debt Mill Levy and which shall not exceed the Maximum Debt Mill Levy Imposition Term. It is the intent of this Service Plan to assure to the extent possible that no taxable property bear an economic burden that is greater than that associated with the Maximum Debt Mill Levy in amount and that no property bear an economic burden that is greater than that associated with the Maximum Debt Mill Levy Imposition Term in duration, even under bankruptcy or other unusual situations. Generally, the costs of Public Improvements that cannot be funded within these parameters are not costs to be paid by the District. 2 • • • II. DEFINITIONS In this Service Plan, the following terms shall have the meanings indicated below, unless the context hereof clearly requires otherwise: Board means the Board of Directors of the District. BOCC means the Board of County Commissioners of the County of Weld, Colorado. Bond, Bonds or Debt means bonds or other obligations for the payment of which the District has promised to impose an ad valorem property tax mill levy. County means the County of Weld, Colorado. County Code means the Weld County Code, as the same may be amended from time to time. District means the Platte Valley Recreation District. External Financial Advisor means a consultant that: (1) advises Colorado governmental entities on matters relating to the issuance of securities by Colorado governmental entities, including matters such as the pricing, sales and marketing of such securities and the procuring of bond ratings, credit enhancement and insurance in respect of such securities; (2) shall be an underwriter, investment banker or individual listed as a public finance advisor in the Bond Buyer's Municipal Market Place; and (3) is not an officer or employee of the District. Financial Plan means the Financial Plan described in Section VI below which is prepared by an External Financial Advisor in accordance with the requirements of the County Code and describes: (a) how the Public Improvements are to be financed; (b) how the Debt is expected to be incurred; and (c) the estimated operating revenue derived from property taxes for the first budget year. District Boundaries means the boundaries of the area described in the District Boundary Map. District Boundary Map means the map attached hereto as Exhibit B, describing the District's boundaries. Maximum Debt Mill Levy means the maximum mill levy the District is permitted to impose for payment of Debt as set forth in Subsection VI.C below. Maximum Debt Mill Levy Imposition Term means the maximum term for imposition of a mill levy as set forth in Subsection VI.D below. Maximum Operations Mill Levy means the maximum mill levy the District is permitted to impose for payment of costs other than payment of Debt, as set forth in Subsection VI.E below. Primary Infrastructure Plan means the Primary Infrastructure Plan described in Subsection V.B below, which includes: (a) a list of the Public Improvements to be developed by the District; and (b) an estimate of the cost of the Public Improvements. Public Improvements means a part or all of the improvements authorized to be planned, designed, acquired, constructed, installed, relocated, redeveloped and financed by the District 3 • constituting park and recreation improvements as authorized by Section 32-1-103(14), C.R.S. within the Special District Act, except as specifically limited in Section V below, to serve the future taxpayers and inhabitants of the Service Area as determined by the Board of the District. Service Area means the property within the District Boundary Map. Service Plan means this service plan for the District as approved by the BOCC. Service Plan Amendment means an amendment to the Service Plan approved by the BOCC in accordance with applicable state law. Special District Act means Section 32-1-101 et seq., C.R.S., as amended from time to time. State means the State of Colorado. Total Debt Issuance Limitation means the total Debt the District is authorized to issue, as set forth in Paragraph V.A.6 below and supported by the Financial Plan. III. BOUNDARIES The area of the District Boundaries includes approximately 168,773 acres, coextensive with the boundaries of the Platte Valley School District Weld Re -7, with the exception of territory located within the Sand Hills Metropolitan District. A legal description of the District Boundaries is attached hereto as Exhibit A. A map of the District Boundaries is attached hereto as Exhibit B. However, in accordance with Section 32-1-307(1), C.R.S., the surface area (but not underlying mineral, oil and gas, or any other subsurface interest having separate taxable value) of any tract of land of 40 acres or more used primarily and zoned for agricultural uses, as listed in the records of the Weld County Assessor's office (the "Initially Excluded Land"), shall not be subject to taxation by the District, unless the consent of any such owner is obtained prior to issuance of the Order and Decree creating the District. Only the surface area of the Initially Excluded Land shall be excluded from the District Boundaries for taxation purposes, and not any subsurface mineral, oil and gas, or any other subsurface interest having separate taxable value, which separately taxable interests shall be subject to taxation by the District upon organization. The surface area of the Initially Excluded Land, or any portion thereof, shall be subject to subsequent inclusion into the District Boundaries for purposes of taxation at such time as the use or zoning thereof changes from agricultural, at which point the subject property may be included pursuant to the provisions of Section 32-1-307(2)-(4), C.R.S. Further, it is anticipated that the District's Boundaries may change from time to time as it undergoes inclusions and exclusions pursuant to Section 32-1-307 et seq., Section 32-1-401 et seq., C.R.S., and Section 32-1-501 et seq., C.R.S., subject to the limitations set forth in Article V below. IV. PROPOSED LAND USE AND ASSESSED VALUATION The Service Area consists of approximately 168,773 acres of land. The current assessed valuation of the Service Area is assumed to be $413,000,000 for purposes of this Service Plan (which is less than the 2013 preliminary certified assessed valuation of $836,460,849, to account for fluctuations in assessment of mineral interests), and is sufficient to reasonably discharge the Debt as demonstrated in the Financial Plan. 4 • V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES A. Powers of the District and Service Plan Amendment. The District shall have the power and authority to provide the Public Improvements within and without the boundaries of the District as such power and authority are described in the Special District Act, and other applicable statutes, common law and the State Constitution, subject to the limitations set forth herein. If, after the Service Plan is approved, the State Legislature includes additional powers or grants new or broader powers for Title 32 districts by amendment of the Special District Act, no such powers shall be available to or exercised by the District unless the District publishes forty -five-day notice and provides written notice to the BOCC pursuant to Section 32-1-207(3)(b), C.R.S. If, within forty-five (45) days of the publication of such notice, the BOCC expresses to the District a written objection to the proposed exercise of such new or broader powers, then the exercise of the same by the District without the prior written consent of the BOCC shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32-1-207(2), C.R.S. • 1. Operations and maintenance. The purpose of the District is to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate and maintain the Public Improvements and providing corresponding services and programs. 2. Construction standards limitation. The District will ensure that the Public Improvements are designed and constructed in accordance with the standards and specifications of the County and of other governmental entities having proper jurisdiction, as applicable. The District will obtain all applicable permits for construction and installation of Public Improvements prior to performing such work. 3. Privately placed debt limitation. Prior to the issuance of any privately placed Debt (other than to banks or other financial institutions), the District shall obtain the certification of an External Financial Advisor substantially as follows: We are [I am] an Extemal Financial Advisor within the meaning of the District's Service Plan. We [I] certify that (I) the net effective interest rate (calculated as defined in Section 32-1-103(12), C.R.S.) to be borne by the District for the [insert the designation of the Debt] does not exceed a reasonable current [tax-exempt] [taxable] interest rate, using criteria deemed appropriate by us [me] and based upon our [my] analysis of comparable high yield securities; and (2) the structure of [insert the designation of the Debt], including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District. 4. Inclusion limitation. The District shall not include within its boundaries any property outside the Service Area without the prior written consent of the BOCC. Inclusions or exclusions not described in this Service Plan shall require a forty -five-day notice publication and written notice to the BOCC pursuant to Section 32-1-207(3)(6), C.R.S. If, within forty-five (45) days of the publication of such notice, the BOCC expresses to the District a written objection to the proposed inclusion or exclusion, then the proposed inclusion or exclusion shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32-1- 207(2), C.R.S. 5 • • 5. Not Used. 6. Total debt issuance limitation. The District shall not issue Debt in excess of $25 Million. To the extent the District seeks to modify the Total Debt Issuance Limitation, it shall proceed in accordance with Subsection 2-14-20.1 of the County Code. 7. Monies from other governmental sources. The District shall not apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds or other funds available from or through governmental or nonprofit entities for which the County is eligible to apply, except pursuant to an intergovernmental agreement with the County. This Section shall not apply to specific ownership taxes which shall be distributed to and a revenue source for the District without any limitation. 8. Consolidation limitation. The District shall not file a request with any court to consolidate with another Title 32 district without the prior written consent of the County. 9. Eminent domain limitation. The District shall not exercise its statutory power of eminent domain, except as may be necessary to construct, install, access, relocate or redevelop the Public Improvements identified in the Primary Infrastructure Plan. Any use of eminent domain shall be undertaken strictly in compliance with state law. Any proposed use of eminent domain for a purpose other than as may be necessary to complete the Public Improvements identified in the Primary Infrastructure Plan shall require a forty -five-day notice publication and written notice to the BOCC pursuant to Section 32-1-207(3)(b), C.R.S. If, within forty-five (45) days of the publication of such notice, the BOCC expresses to the District a written objection to the proposed use of eminent domain by the District, then the proposed use of eminent domain shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32-1-207(2), C.R.S. 10. Service Plan amendment requirement. This Service Plan is general in nature and does not include specific detail in some instances because construction plans have not been finalized. The Service Plan has been designed with sufficient flexibility to enable the District to provide required services and facilities under evolving circumstances without the need for numerous amendments. Modification of the general types of services and facilities making up the Public Improvements, and changes in proposed configurations, locations or dimensions of the Public Improvements, shall be permitted to accommodate the best interests of the District as determined by the Board. The District is an independent unit of local government, separate and distinct from the County, and its activities are subject to review by the County only insofar as they may deviate in a material manner from the requirements of the Service Plan. Any action of the District which: (1) violates the limitations set forth in Paragraphs V.A.1-9 above; or (2) violates the limitations set forth in Subsections VI.B H below, shall be deemed to be a material modification to this Service Plan, unless otherwise agreed by the County as provided for in Section X of this Service Plan. B. Primary Infrastructure Plan. The District shall have authority to provide for the planning, design, acquisition, construction, installation, relocation, redevelopment, maintenance and financing of the Public Improvements within and without the boundaries of the District. The Primary Infrastructure Plan, including: (1) a list of the Public Improvements to be developed by the District; and (2) an estimate of the cost of the Public Improvements is attached hereto as Exhibit C. The list and cost estimates are preliminary only and the final composition 6 • • S of Public Improvements and resulting costs shall be as determined by the Board of Directors of the District. As shown in the Primary Infrastructure Plan, the estimated cost of the Public Improvements which is anticipated to be planned for, designed, acquired, constructed, installed, relocated, redeveloped, maintained or financed by the District is approximately $16 Million. The District shall be permitted to allocate costs between such categories of the Public Improvements as deemed necessary in its discretion. All of the Public Improvements described herein will be designed in such a way as to assure that the Public Improvements standards will be compatible with those of the County. All descriptions of the Public Improvements to be constructed, and their related costs, are estimates only and are subject to modification as engineering, development plans, economics, the County's requirements and construction scheduling may require. Upon approval of this Service Plan, the District will continue to develop and refine the Primary Infrastructure Plan as necessary, and prepare for issuance of Debt. All cost estimates will be inflated to then -current dollars at the time of the issuance of Debt and construction. All construction cost estimates contained in Exhibit C assume construction to applicable local, state or federal requirements. VI. FINANCIAL PLAN A. General. The District shall be authorized to provide for the planning, design, acquisition, construction, installation, relocation and/or redevelopment of the Public Improvements from its revenues and by and through the proceeds of Debt to be issued by the District. The Financial Plan for the District shall be to issue such Debt as the District can reasonably pay within the Maximum Debt Mill Levy Imposition Tenn from revenues derived from the Maximum Debt Mill Levy and other legally available revenues. The total Debt that the District shall be permitted to issue shall not exceed the Total Debt Issuance Limitation and shall be permitted to be issued on a schedule and in such year or years as the District determines shall meet the needs of the Financial Plan referenced above and phased to serve development as it occurs. All Bonds and other Debt issued by the District may be payable from any and all legally available revenues of the District, including general ad valorem taxes to be imposed upon all taxable property within the District. The District will also rely upon various other revenue sources authorized by law. These will include the power to assess fees, rates, tolls, penalties or charges as provided in Section 32-1-1001(1), C.R.S. The Total Debt Issuance Limitation is supported by the Financial Plan prepared by D.A. Davidson & Co., attached hereto as Exhibit D. The Financial Plan attached to this Service Plan satisfies the requirements of Subsection 2-14-20.I of the County Code. The debt financing identified in the Financial Plan is one example of how the Public Infrastructure and operating costs may be financed. The final financing structure shall be as determined by the Board of Directors of the District, subject to the limitations set forth in this Service Plan. B. Maximum Voted Interest Rate and Maximum Underwriting Discount. The interest rate on any Debt is expected to be the market rate at the time the Debt is issued. In the event of a default, the proposed maximum interest rate on any Debt is not expected to exceed fifteen percent (15%). The proposed maximum underwriting discount will be five percent (5%). Debt, when 7 • • issued, will comply with all relevant requirements of this Service Plan, state law and federal law as then applicable to the issuance of public securities. C. Maximum Debt Mill Levy. The Maximum Debt Mill Levy shall be twenty (20) mills; provided that if, on or after January 1, 2013, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement, the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that, to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2013, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation to assessed valuation shall be deemed to be a change in the method of calculating assessed valuation. All Debt issued by the District must be issued in compliance with the requirements of Section 32-1-1101, C.R.S., and all other requirements of state law. D. Maximum Debt Mill Levy Imposition Term. The District shall not impose a levy for repayment of any and all Debt (or use the proceeds of any mill levy for repayment of Debt) on any property which exceeds thirty (30) years after the year of the initial imposition of such mill levy to such property unless a majority of the Board are residents of the District and have voted in favor of a refunding of a part or all of the Debt and such refunding will result in a net present value savings as set forth in Section 11-56-101 et seq., C.R.S. The District shall be limited to issuing new Debt within a period of fifteen (15) years from the date of the District's first debt authorization election. E. Maximum Operations Levy. The Maximum Operations Levy shall be twenty (20) mills; provided that if, on or after January 1, 2013, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement, the Maximum Operations Levy may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that, to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2013, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation to assessed valuation shall be deemed to be a change in the method of calculating assessed valuation F. Debt Repayment Sources. The District may impose a mill levy on taxable property within its boundaries as a primary source of revenue for repayment of debt service and for operations and maintenance, to the extent operations and maintenance functions are specifically addressed in this Service Plan. The District may also rely upon various other revenue sources authorized by law. At the District's discretion, these may include the power to assess fees, rates, tolls, penalties or charges as provided in the Special District Act. In no event shall the debt service mill levy in the District exceed the Maximum Debt Mill Levy.\ 8 G. Security for Debt. The District shall not pledge any revenue or property of the County as security for the indebtedness set forth in this Service Plan. Approval of this Service Plan shall not be construed as a guarantee by the County of payment of any of the District's obligations; nor shall anything in the Service Plan be construed so as to create any responsibility or liability on the part of the County in the event of default by the District in the payment of any such obligation. H. TABOR Compliance. The District will comply with the provisions of TABOR. In the discretion of the Board, the District may set up other qualifying entities to manage, fund, construct and operate facilities, services and programs. To the extent allowed by law, any entity created by the District will remain under the control of the District's Board. I. District's Operating Costs. The estimated cost of acquiring land, engineering services, legal services and administrative services, together with the estimated costs of the District's organization and initial operations, are anticipated to be $70,000, which will be eligible for reimbursement from Debt proceeds (no land acquisition costs are included in this figure, as such costs will be paid from proceeds of debt to be issued). In addition to the capital costs of the Public Improvements, the District will require operating funds for administration and to plan and cause the Public Improvements to be operated and maintained. The first year's operating budget is estimated to be $272,000, which is anticipated to be derived from property taxes and other revenues. J. Elections. The District will call an election on the questions of organizing the District, electing the initial Board and setting in place the proposed financial structure as required by TABOR. The election will be conducted as provided in the Uniform Election Code of 1992, the Municipal Election Code and TABOR. At least thirty (30) days prior to the District's organizational election, the proposed ballot questions shall be submitted to the County for review to ensure that said ballot questions are in compliance with this Service Plan. VII. ANNUAL REPORT A. General. The District shall be responsible for submitting an annual report with the County Clerk not later than March 1 of each year following the year in which the Order and Decree creating the District has been issued by the District Court for and in Weld County, Colorado. B. Reporting of Significant Events. The annual report shall include information as to any of the following: 1. Boundary changes made or proposed to the District's boundary as of December 31 of the prior year. • 9 • • • 2. Intergovernmental Agreements with other governmental entities, either entered into or proposed as of December 31 of the prior year. 3. Copies of the District's rules and regulations, if any, as of December 31 of the prior year. 4. A summary of any litigation which involves the District Public Improvements as of December 31 of the prior year. 5. Status of the District's construction of the Public Improvements as of December 31 of the prior year. 6. A list of all facilities and improvements constructed by the District that have been dedicated to and accepted by the County as of December 31 of the prior year. 7. The estimated assessed valuation of the District for the current year. 8. Current year budget including a description of the Public Improvements to be constructed in such year. 9. Audit of the District's financial statement, for the year ending December 31 of the previous year, prepared in accordance with generally accepted accounting principles or audit exemption, if applicable. VIII. DISSOLUTION Upon a determination of the BOCC that the purposes for which the District was created have been accomplished, the District agrees to file a petition in the District Court in and for Weld County, Colorado, for dissolution, in accordance with the provisions of the Special District Act. In no event shall dissolution occur until the District has provided for the payment or discharge of all of its outstanding Debt and other financial obligations as required pursuant to state statutes. If the District is responsible for ongoing operations and maintenance functions under this Service Plan (Long -Term District Obligations), the District shall not be obligated to dissolve upon any such BOCC determination. However, should the Long -Term District Obligations be undertaken by the County or other governmental entity, or should the District no longer be obligated to perform the Long -Term District Obligations, the District agrees to commence dissolution proceedings as set forth above. IX. PROPOSED AND EXISTING INTERGOVERNMENTAL AGREEMENTS AND EXTRATERRITORIAL SERVICE AGREEMENTS All such agreements must be for facilities, services and agreements lawfully authorized to be provided by the District, pursuant to the State Constitution, Article XIV, Section 18(2)(a), and Sections 29-1-201 et seq., C.R.S. To the extent practicable, the District may enter into additional intergovernmental and private agreements to better ensure long-term provision of the Public Improvements identified herein. Agreements may also be executed with property owner associations and other service providers. Any agreements which are required, or known at the time of formation of the District to likely be required, to fulfill the purposes of the District, must be described in this Service Plan, along with supporting rationale. Execution of extraterritorial service agreements by the District that are not described in this Service Plan shall require a forty -five-day notice publication and written notice to the BOCC pursuant to Section 32-1 -207(3)(b), C.R.S. If, within forty-five (45) days of the publication of 10 such notice, the BOCC expresses to the District a written objection to the proposed agreements, then the entry into said agreements without the prior written approval of the BOCC shall be considered a material modification of this Service Plan and shall be resolved only in accordance with Section 32-1-207(2), C.R.S. The District anticipates entering into one or more intergovernmental agreements with the Town of Kersey and/or the Platte Valley School District RE -7 relating to the construction, operation and use of the Public Infrastructure to be constructed by the District. Such agreements shall not require publication of the forty-five day notice described in the preceding paragraph. X. MATERIAL MODIFICATIONS Material modifications to this Service Plan may be made only in accordance with Section 32-1- 207, C.R.S. All modifications to the written provisions of this Service Plan, whether deemed material or otherwise, must be approved by the County prior to becoming effective, and the District shall not be permitted to unilaterally make such modifications. No modification shall be required for an action of the District which does not materially depart from the provisions of this Service Plan. The District may request from the County a determination as to whether the County believes any particular action constitutes a material departure from the Service Plan, and the District may rely on the County's written determination with respect thereto; provided that the District acknowledges that the County's determination as aforesaid will be binding only upon the County, and will not be binding upon any other party entitled to enforce the provisions of the Service Plan as provided in Section 32-1-207, C.R.S. XI. RESOLUTION OF APPROVAL The District agrees to incorporate the BOCC's resolution of approval, including any conditions on any such approval, into the Service Plan presented to the District Court for and in Weld County, Colorado. XII. CONCLUSION It is submitted that this Service Plan for the District, as required by Section 32-1-203(2), C.R.S., and Section 32-1-203(3), C.R.S., establishes that: 1. There is sufficient existing and projected need for organized service in the area to be serviced by the District; 2. The existing service in the area to be served by the District is inadequate for present and projected needs; 3. The District is capable of providing economical and sufficient service to the area within its proposed boundaries; 4. The area to be included in the District does have, and will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; 5. Adequate service is not, and will not be, available to the area through the County or other existing municipal or quasi -municipal corporations, including existing special districts, within a reasonable time and on a comparable basis; 11 6. The facility and service standards of the District are compatible with the facility and service standards of the County and each municipality which is an interested party under Section 32-1-204(1), C.R.S.; 7. The proposal is in substantial compliance the County's Master Plan adopted pursuant to Section 30-28-106, C.R.S.; 8. The proposal is in compliance with any duly adopted County, regional or state long-range water quality management plan for the area; 9. The creation of the District is in the best interests of the area proposed to be served; and 10. The creation of the District is in the best interests of the residents and future residents of the are proposed to be served. 12 EXHIBIT A Legal Description S • • BOUNDARY DESCRIPTION FOR PLATTE VALLEY PARK AND RECREATION DISTRICT (Coextensive With the Boundary of Platte Valley School District RE -7) INCLUDING: Beginning at the intersection of Weld County Road (WCR) 59 with US Highway 34; thence westerly along the centerline of US Highway 34 to its intersection with WCR 57; thence northerly along the centerline of WCR 57 to its intersection with WCR 56; thence westerly along the centerline of WCR 56 to its intersection with US Highway 34; thence westerly along the centerline of US Highway 34 to its intersection with WCR 47 fi at the western boundary of Platte Valley School District RE -7 (District); thence clockwise along the District boundary to its intersection with the South Platte River; thence easterly along the centerline of the South Platte River to its intersection with an unnamed private road and the Riverside Intake Canal; thence northerly along the centerline of the unnamed private road to its intersection with WCR 388; thence easterly along the centerline of WCR 388 to its intersection with WCR 61; thence southerly along the centerline of WCR 61 to its intersection with US Highway 34; thence westerly along the centerline of US Highway 34 to its intersection with WCR 59, the point of beginning. • TOGETHER WITH: Beginning at the intersection of WCR 61 with US Highway 34; thence westerly along the centerline of US Highway 34 to its intersection with WCR 59; thence southerly along the centerline of WCR 59 to its intersection with WCR 52'/: ; thence westerly along the centerline of WCR 52'i to its intersection with WCR 57; thence southerly along the centerline of WCR 57 to its intersection with WCR 52; thence westerly along the centerline of WCR 52 to WCR 53; thence northerly along the centerline of WCR 53 to its intersection with the Union Pacific Railroad; thence westerly along the centerline of the Union Pacific Railroad to its intersection with the western boundary of Platte Valley School District Re -7; thence counterclockwise along the District boundary to its intersection with the South Platte River; thence easterly along the centerline of the South Platte River to its intersection with an unnamed private road and the Riverside Intake Canal; thence northerly along the centerline of the unnamed private road to its intersection with WCR 388; thence easterly along the centerline of WCR 388 to its intersection with WCR 61; thence southerly along the centerline of WCR 61 to its intersection with US Highway 34, the point of beginning. Platte Valley Park and Recreation District Boundary Description Page 1 0110 • TOGETHER WITH: Beginning at the intersection of Weld County Road (WCR) 59 with US Highway 34; thence westerly along the centerline of US Highway 34 to its intersection with WCR 57; thence northerly along the centerline of WCR 57 to its intersection with WCR 56; thence westerly along the centerline of WCR 56 to its intersection with US Highway 34; thence westerly along the centerline of US Highway 34 to its intersection with WCR 47 %2 at the western boundary of Platte Valley School District RE -7 (District); thence southerly along the District boundary to its intersection with the Union Pacific Railroad; thence easterly along the centerline of the Union Pacific Railroad to its intersection with WCR 53; thence southerly along the centerline of WCR 53 to its intersection with WCR 52; thence easterly along the centerline of WCR 52 to its intersection with WCR 57; thence northerly along the centerline of WCR 57 to its intersection with WCR 52'/: ; thence easterly along the centerline of WCR 52 1/2 to its intersection with WCR 59; thence northerly along the centerline of WCR 59 to its intersection with US Highway 34, the point of beginning. • EXCLUDING THEREFROM THE AREA COMPRISING THE BOUNDARY OF THE SAND HILLS METROPOLITAN DISTRICT, AS FOLLOWS: • Platte Valley Park and Recreation District Boundary Description Page 2 of 10 • BOUNDARY DESCRIPTION FOR SAND HILLS METROPOLITAN DISTRICT TOWNSHIP 4 NORTE. RAGE 62 WEST OF TEE 573 P.H. Section 3: NW1/4 Section 5: All Section 71 All, EXCEPT a strip of land 100 feet wide, being SO feet on each side of center of track of Colorado Central Railroad Company in the SF,l/45W1/.4 of said Section 7 as conveyed to said company in Deed recorded in Book 50 at Page 586. ALSO EXCEPTING To ER1 ROM that parcel of land as conveyed to The Ta Ranch, LLC, a Colorado limited liability company by Deed recorded June 12, 2003 as Reception No. 3072323. TOWNSHIP 5 NORTH, RANGE 62 WEST Ca TH4 6TH P.M. Section 3, W1/2E1/2 Section 15: W1/2n1/2. W1/2 Section 17, All Section la= All Section 18: All Section 20: All Section 21: All Section 291 All section 31: A11 Section 331 R11 s • TOWNSHIP 9 NORTE, tZJ.`r'GS 63 nEST OP THE STA P.M. Section 1= All ALSO WI:PIING lEBRBPRCM that parcel of Land as conveyed to The TB RazCD, LLC, a Colorado lio4Ced liability cenpany by Deed recorded Jute 12, 2003 as Reception No. 3072323. Section 3, ALL. EXCEPT a strip of land 100 feet wide, being 60 feet on each side of center of track of Colorado Central Railroad Company is the NS1/4 o₹ said Section 3 ae conveyed to eaid company in Deed recorded in Book 50 at Pace 586; and EXCEPT a scrip of land 200 feet wide en each aide of the center line of the railroad of cbe Union Pacific Railroad Company, as reserved by said Company in Warranty Deed co the NE1/4 of said Settien 3 recorded in Bock 201 at Page 52; and txCE?T that part of NW1/e of said section 3 conveyed to Rose Park in Quit Claim Deed recorded in 3ook 1245 at page 433 decoribed as that portion of land lying and being along the West side of the N1/2 of said aection formerly laid out as a county road but abandoned as Boob. EXCEPTING THEREFROM a parcel conveyed to Weld County by deed recorded May 26, 1995 Le Book 1493 as Reception No. 2440048. ALSO nXCH??1M3 THEREFROM that parcel of land as conveyed to The TH Ranch, LLC. a Colorado limited liability company by Deed recorded June 12, 2003 as Reception No. 3772323. Sand Hills Metropolitan District Boundary to be Excluded from Boundary of Platte Valley Park and Recreation District Page 3 of 10 • • Section 10: ALL, ExCF-PT that part of the NE1/4531/4 thereof conveyed to the State Department of Righwayc, Divinian of Nighvayn, State of Colorado in Special warranty need recorded in Book 1215 as Reception No. 2161552, described as _ollows: Beginning at a paint on the Sant right of Way line of Weld County Toad 69 (July 1988) from which the East Quarter corner of raid Section 10 bears North 24 degreOc 08 minutes 40 seconds Bast a distance or 253.16 feet; thence North 09 degrees 10 ninutee 43 seconds West 44 feet to a point on the West right of way line of Weld County Road GD; thence South 21 degrees 21 ninuteS 23 seconds West 223-37 feet; thence South 61 degrees 36 minutes 40 Seconds West 57.28 feet to a point on the Northeast right of way line of State highway 36 (July 1928); thence South 57 degrees 36 minutes East continuing along cold right of way line 293.45 feet; thence North 10 degrees 29 minutes 30 seconds Wont 397.59 feet, rose or less, to the Point Of Beginning. ALSO EXCEPTING THEREFROM that parcel of land as conveyed to The Tit Ranch. LLC, a Colorado limited liability company by Deed recorded June 12, 2003 an Reception No. 3072323. ALSO ErCEPTING TRER£PROM that perrion of Section 10 ccn-reyed by Deed recorded November 4, 1998 no Reception No. 2651949. CONS)tiP 5 NORTH, RANGE 63 WEST OF TEE 6T9 P.K. Section 9: All Section 13: All Section 17: All Sactlon 202 S112, NW2/4; ZCEPT that portion of the S1/2SW2/4 thereof conveyed to the Riverside Reservoir and Lard Company in Warranty Decd recorded in 9aok 401 at Page 237. described as follows: Beginning et a point 200 feet South 87 degreen 25 minutes Sant of Station 0 Of the right of way of the feeder ditch of The Riverside Reservoir, from whence the Northwest corner of naid Section 20 bears North 03 degrees 19 minutes West 4492 feet: thence run in an Easterly direction along the Southern boundary of the right of way of feeder ditch 750 feet to a point en the Southern boundary of said of right of way; thence run due South 550 feet. more or less, to a point on the North bank of the South Platte River; thence run in a Northwesterly di ecticn along the North bank of the South Platte Rives to the Place of Beginning. Section 21: All Section 22: ML Section 23: All Section 24: All Section 25: All Section 27: E1/Z, NWIR, WI/2SNl/4, Sal/45W1/4 Section 34; E1/2, E1/224W1/4; and that part of the EI/;SH1/4 described as follows: Beginning at a point on the North line of the SW1/4 of Section 34, 1675 feet East of the Northwest corner Of said SW1/4, to A point on the North line at the right of way of the Union Pacific Railroad company: thence Southeasterly along said North line of raid right of way to the East line of said SW1/4; thence North on said East line to the Northeast corner of said SWI/4; thence West on the North line of said 9w1/4 to the Point of Beginning. EXCEPTING TRERSI'RCM a parcel conveyed to Weld County by deed recorded May 24, 1995 in Bock 1493 as Reception No. 2440048. ALSO TXCRPTINC TA2FROM that parcel of land as conveyed to The Tit Ranch, LL.C, a Colorado limited liability company by Decd recorded June 12. 2003 as Reception he. 3072323. Sand Hills Metropolitan District Boundary to be Excluded from Boundary of Plate Valley Park and Recreation District Page 4 of 10 • • Section 35: All Elft exr1V; THEREFROM a parcel conveyed to Veld County by deed recorded Kay 36. 1995 in Hook 1493 a6 2 ceoteen Nee 2440048. ALSO EXCEPTING TREREFROK that parcel of land as conveyed to The TH Renehh, id,C, a Colorado limited liability company by need recorded June 12, 2003 as Reception No. 3072323. Section 36: 6W1/4SWl/4, EXCEPT that part excluded Fran Patent frcm the State of Colorado in Zook 332 at rage 115, deaeribed ac follows' Commencing at.a point 1337 feet North of the Southwest corner of Section 36, Toweehip S North., Range 63 West of the 5th P.M.; thence South 25 degrees 45 minute0 east 44 feet; thence South 32 degrees 32 minutes East 199 feet; thence South 52 degrees IP minutes East 192 feet; thence South 72 degrees 49 minute! Zest 296 feet; thence South 50 degrees 20 minutes Sass 101 feet; thence South 26 degrees 40 minutes Eaet 503 feet; thence South 17 degrees 50 minutes tact 441 feet to a point 1007 feet East of the Southwest corner of said Section 35; being a strip of land 150 feet wide, 75 feet on each side of above described centerline. ALSO P CfPTING TEE?SPRCM that parcel of lard an conveyed to_T a 7E R-iiicn, !. C: -a Colorado limited liability company by Deed recorded June 12, 2003 a0 Reception 1o. 3072323. TvWl7 OP- All of Blacks 4 and 5, and all of Lots C and Dr ::30IN: TOGETHER WITS all of the vacated alloy between 3lockr 4 and S and Lot C; and all of vacated Castle nve_.ie between Blocks 4 and 5 and Lot C; and all of vacated navies Avenue South of Cullen Street; attd the Setatheasterly half of said vacated Daviee Avezae between Cullen Street and Richthefen Street adjacent to said Lot D. EXCEPTING from the applicable pertions of the lands deecsrihed is said Parcel the following parcels conveyed to the Colorado Central Railroad Company recorded in Book 30 at Page 237, described as follows; Its Section 17, Township 4 North, Range 62 West through the SE1/4N31/4 a strip of land 60 feet wide from the center line of the Colorado Central Railroad on each aide thereof; through the NW1/4XE1/4 a strip of land CO feet in width from the center line afareeaid and on each side thereof; through the Nall/4h'W1/4 a atrip of land 50 feet ±.a width from said center line on each side thereof; through the NWl/4NW1/4 a strip of land 100 feat in width from said center line on each side; Also, the following described tract in Section 19. Ttweehip 4 North, Range 62 West through the N1/2N51/4t a strip of land 130 feet wide measured frca tee center lime aforesaid and on each side thereof; A3.ao in Section 7, Township 4 North, Range 52 West a strip of land through the kl/2SW1/4, 150 feet wide frcm said center line an each aide thereof; Also in Section 12, Township 4 North, Range 63 west a strip of land 160 feet wide from said center line and on each side thereof through the 51/267.1/4. Sand Hills Metropolitan District Boundary to be Excluded from Boundary of Platte Valley Park and Recreation District Page 5 0110 • • The folloying is a description of the Colorado Central Railroad, Beginning at a point on the East line Tovnnbip 4 North. Range 62 West, 1336 Northeast carrier; sinning thence North 81 degrceo 30 mi feet to a stake; thence North 81 degree: 19 minutes West 36 feet to a stake; thence North 80 degrees 38 minutes West 100 feet to a stake; thence North 79 degree= 38 minutes Cent 100 feet to a stake; thence North 78 degreeo 38 minutes West Stake; thence North 77 degrees 38 minutes West stake; thence North 76 degrees 38 minutes West 100 feet to a stake; thence Worth 75 degrees 38 minutes Weet stake; thence North 74 degrees 38 minutes West stake; thence worth 73 degrees 38 minutes West 100 feet to a stake; reeeee North 7_ degrees 38 minutes West 100 feet to a stake: thence North 71 degrees 38 minutes West 100 feet to a =take; thence North 70 degrees 38 minutes Hest 100 feet to a stake; thence North 69 degrees 38 minutes Neer. 100 feet to a stake: thence North 68 degrees 38 minutes Weet 100 feet to a Sralte; thence -North 57_d„egreee 38.minutes West 100 feet so a stake; thence North 6G degreen 38 minutes erect 100 feet to a stake; thence North 65 degrees 38 minute^. West 100 feet co a stake; thence North 64 degrees 53 minutes West 50 feet to a etnke: thence North 64 degrees 38 Minutes West 45'52 fear to a -take at the edge of the Platte River. which stake is 1278 feet West and 763 feet South of the quarter corner on the West line oZ Section 7. lownehip 4 North, mange 62 Went. The line thus described croenee the section and subdivisional lines as follows, viz: The Worth and South center line of Section 11 at point 1041 feet South of the quarter corner an iCs =forth line. The Went line of Section 17 at a point 682 feet South of the Northwest corner. The North 'Line of Sectica 18 at a Doint 313 feet Esat of the gaarte= cerner of said line. The North and South center lire of Section 7 at a point 145.feet North of the quarter corner on its section line . +he West line of Section 7 at a point 1381 feet South cf the quarter corner on ito went line. center line of the of Section 17. feet South of its nuteo West 5730 100 feet to a 100 feet to a 100 feet to a 100 feet to a EZCEPTING from the applicable portions of the land= described in said Parcel 1 the following parcel: A tract of land located is the 51/2 of Section 34, and the Wl/2 of Section 35, all in :owne:lip 5 North, Rnms 63 West C2 the 6th P.M., County of Weld. State of Colorado. and being mere particularly described as follows: Car-..eJ cing at the Eaet Quarter corner of Section 34 and considering the East line of said section 34 to bear South 00 degrees 30 minutes 36 secorde Eats and with all other bearings contained herein being relative thereto; Sand Hills Metropolitan District Boundary to be Excluded from Boundary of Platte Valley Park and Recreation District Page 6 of 10 • thenco South 00 degrees 00 minutes 36 oecoeds East, 35.00 feet along =aid East line to the True Pit of eeginniag; thence South 86 degrees 09 minute= CO seconds West, 711.00 feet: thence North 63 degrees 03. minutes 00 second= Nest. 335.00 feet; thence South BS degrees 35 minutes 00 seconds weut. 86.00 feet: thence North 29 degrees 35 minutes CO second West. 52.00 feet: thence North 72 degrees 23 minutes 00 seconds Wear, 112.00 feet: thence North 79 degrees 25 riiwutes 00 seconds West, 99.00 feet: thence North 00 degrees 00 suaites 00 seconds East, 319.00 feet; thence North 28 degrees 4? minutes 00 seconds West, 80.00 feet: thence North 16 degrees 07 minutes 17 eeconds Nest, 70.99 fe_t; thence North 28 degrees 28 minutes 38 seconds West. 264.49 feet; thence North 04 degrees 44 minutes 34 Feconde Ease, 506.93 feet; thence South 74 degrees 52 minutes 13 seconds Ease, 1042.77 feet to a point cn said East line of Section 34; thence South 74 degrees 52 minutee 13 secondu East. 31.08 feet; thence South 00 degrees 00 minutes 35 seconds .East. 651.18 feet: thence South 06 degrees 09 minutes 00 second= West. 30.07 feet to the True Point of aeginning. BUT NOT EXCLUDING THE FOLLOWING FOUR PARCELS FROM THE BOUNDARY OF THE PLATTE VALLEY PARK AND RECREATION DISTRICT (WHICH FOUR PARCELS ARE EXCLUDED FROM THE BOUNDARY OF THE SAND HILLS METROPOLITAN DISTRICT): • Sand Hills Metropolitan District Boundary to be Excluded from Boundary of Platte Valley Park and Recreation District Page 7 0110 • • Parcel #1: A parcel of land being pari of the.Southcast Quarter (SE1/4) of Section Twenty -Seven (27) and part of the Northeast Quarter (tIFl/4) of Section Thirty-four (34), all in Township Five North ('T,5N.), Rank Sixty-three (63), West of the Sixth Principal Meridian Gilt P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the Northeast Corner of said Section 34 and assuming the East line of the NE1 f4 of said Section 34 as bearing South t'0O'41'19" East, being a Grid Beating of the Colorado State Plane Coordinate System, Forth Zone, North American Datum 1983132, a distance of 2616.43 feet. with all other bearings contained herein relative thereto: '1" ITENCE South 89°47'13" West along the North line of said NEI/4 a distance of 1000.03 feet to the TRUE POINT OF BEGINNING: THENCE N CE South 00°41'19" Fast a distance of 1526.33 feet; THENCE South 84'02'21" West a distance of 665.85 feet; a 11ENCE North 36'08'06" West a distance of 1032.60 feet; Th1ENCi: North 00'41'19" West a distance of 2529.34 feet; THENCE South 58'47'25" East a distance of 1486.34 feet; THENCE South 00'41'19" East a distance of 997.64 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 80.017 Acres, more or less (I) and is subject to any rights - of -way or Other CacstnentS BS tented or reserved by instruments of record or as now existing on said described parcel of land. Exclusion from Sand Hills Metropolitan District Boundary (to be Included in the Boundary of Platte Valley Park and Recreation District) Page 8 of 10 • • Parcel #2: A parcel of land being part of Section Twentyseven (27). and part of dm North Hair(Ni 2) of Section Thirty-four (3-!), all in To't nship Five North (T.3N.), Range Sixty-three :Vest tR.63W.} of the Sixth Principal Meridian (6th P.M.); County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the Northeast Comer of said Section 34 and .assuming the East litre of the Northeast Quarter fNE1/4) of said Section 34 as tearing South 00'41'192" it:aat, being a Grid Bexing of the Colorado State Plane Coordinate System. North Zone, North American Datum 1983672, a distance of 2616.43 feet with all other bearings contained herein relative thereto: THENCE South 89'47'13' West along the North line of said Nl:1/4 a distance of 2362.!3 feet to the TRUE POINT OF BEGINNING: THENCE South 40'42'05" East a distance of 756.77 feet; THENCE North 44'37'39" Wes! a distance of 1689.50 feet; -ri iENCE South 83'20'50" West a distance of 201.21 feet; THENCE North 00.'49'07' West a distance of 2465.13 feet; THENCE South 5S'47'25' East a distance of 1622.43 feet; THENCE South 00'42'05' East a distance of 20445.71 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 50.001 Acres, tnond or less (±) and is subject to any tights - of -wary or other easements as granted or reserved by is ttm-..ents of mold or as now existing on said described parcel of la -td. Parcel #3: A parcel of land being mrt of the West Ha!f(\Vl f2) ofS tic Twerrry-seven (27), Township Five North (T.5N.), Range Sixty-three West (R.63W.) of the Sixth Principal ARariuia.-r f6(h P.M.), County of Well, State of Colorado and being more particularly deser..bed as follows: BEGINNING at the Northeast Corner of Section Thirty-four(34) and assurninit the East line of the Northeast Quarter (NEI/4) of said Section 34 as bearing South 00"4!'19"! rest, being a Grid Hearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1981;92, a distance of 2616.43 feet with all other hearings contained herein relative thereto: T!-EFN'CE South S9•47'13" West along the North line of said Section 34. also being the South line of said Section 27, a distance of 3922..42 fort to the West Sixteenth Corner cotnrrron to Sections 27.t34.T.5N..RG3W.; THENCE North 00-40'09" East along the East of the Southwest Quarter Of the Southwest Quarter (SW1 '4 SW If4) of said Section 27 a distance of 59!195 feet to the 'TRUE POINT OF BEGINNING: THENCE continuing North 00'40'07' P.:•:t along.nid East lint a distance of 725.06 feet to the North t rsl Corset of said SW1/4 SW1/4; T1:ENCE South 39'02'21" West along the North lire of saidSWlf4 SW1/4 a distance of 954.44 feet to x point Three Hundred feet (300') Easterly of as measured at right angles to the West line of said Section 27: Thence alone a line Three Hundred feet (300') mete ly of ac:neasurcd at right angles to and parallel with the West line of said Section 27 by the following Two (21 courses and distances: THENCE North 01'11'42" East a distance of 131 3.44 feet; THENCE= North 00'56'l8" West a distance of 1 771.23 feet; TH iNC'i? South sg'47'?5" East a distance of 1411.62 feet; THENCE South 00'49'07" East a distance e13230.1.7 feet; THENCE North 59'31'31" Wen, a distance of.20,14 feet to the T12UUC PAINT OF BEGINNING. Said described parcel of lard contains 50.016 Acrea, more or less () and is subject to any rights, of way or other easements as panted or reserved by instruments of record or as now existing on raid do. nhcd puree! of land. Exclusion from Sand Hills Metropolitan District Boundary (to be Included in the Boundary of Platte Valley Park and Recreation District) Page 9 of 10 • • Parcel #4; A pored of land being part of the Southeast Quarter (S13114) of Section Twenty-one (21), part of the Southwest Quarter (SW1/4) of Section Twenty-two (22), and part of the West Half of the West flail (W 112 W1/2) of Section Twenty-seven (27), all in Township Five North (T.5N.), Range Sixty -Three West (tt.63W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the Northeast Corner of Section Thirty-four (34) and assuming the East line of the Northeast Quarter (NE 1/4) of said Section 34 as bearing South 00°41'19" East, being a Grid Bearing of the Colorado State Plane Coordinate System, NoHh Zone, North American Datum 1983/92, a distance of 2616.43 feet with all other bearings contained herein relative thereto: THENCE South 89'47'13" West along the North line of said Section 34, also being the South line of said Section 27 a distance of 3922.42 feel to the West Sixteenth Corner common to Sections 27/34-T.5N.-R.63W.; Thence along the East line and a. portion of the North line of rite Southwest Quarter of the Southwest Quarter (SW 1/4 SW1/4) of said Section 27 by the following Two (2) courses and distances: TTIf;NCIINorth 00°40'09" Fast a distance of 1316.01 feet; TIIENCIi South 89°02'21" West a distance of 984.44 feet to a point Three Hundred feet (300') Easterly ofas measured at right angles to the West line of said Section 27. Said point being the TRUE POINT OF BEGINNING: Ti 1I1NCI; continuing South 89°02'21" West along the North line of said SW1/4 SW1/4 a distance of 300.21 feet to the Northwest Corner of said SW1/4 SW1/4; TI1 NCB North 01°11'42" East along the West line of the Southwest Quarter (SW 114) of said Section 27 a distance of 1319.15 feet to the West Quarter Corner of said Section 27; THENCE North 00°56'18" West along the West line of the Northwest Quarter (NW 1/4) of said Section 27 a distance of 2637.50 feet to the Northwest Corner of said Section 27; THENCE South 89°31'33" West along the South line of the SF1/4 of said Section 21 a distance of 900.02 lent; THENCE North 00'53'29" West a distance of 1435.76 feet; THENCE North 89'31'33" East a distance of 1600.04 feet; THENCE South 00°5329" Bast a distance of 1441.96 feet to the South line of the SW1/4 of said Section 22; THENCE North 89°58'03" West along said South line a distance of 400.05 feet to a point Three l lundred feet (300) Easterly of as measured at right angles to the West line of the NW1/4 /4 of said Section 27; 'hence along a line Three Hundred feet (300) Easterly of as measured at right angles to an parallel with the West line of said Section 27 by the following Two (2) courses and distances: THENCE South 00'56'18" East a distance of 2638.00 feet; TI WNCT: South 01°11'42" West a distance of 1313.44 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 80.018 Acres, more or less (a) and is subject to any rights -of -way or other casements as granted or reserved by instruments of record or as now existing on said described parcel of land. Exclusion from Sand Hills Metropolitan District Boundary (to be Included in the Boundary of Platte Valley Park and Recreation District) Page 10 of 10 • • • EXHIBIT B District Boundary Map • Platte Valley Park and Recreation District All locations are approximate Map produced by T$T Inc Of ()envy Sen. • • • EXHIBIT C Primary Infrastructure Plan • Platte Valley Recreation District Building 6/11/2013 Proposed Facility Information Estimated Opening Site Size (Acres) Building Size (gross floor area) Estimated Building Construction Cost Cost per s.f. without land Funding Proposed Project Estimated Costs 2015-2016 15 Acres 59,740 s.f. $10,878,000 $182.09 Bond Issue Item Cost Land (15 Acres) $1,100,000 Construction Cost $10,878,000 Contingency (5% of construction costs) $543,900 Soft Costs (20% of construction cost) $2,175,600 Design fees Legal Development fee Project Management Soils Investigation Surveying Testing & Inspection Utility Services Furniture, Fixtures & Equipment (FF&E) $870,240 (8% of construction cost) Water Tap (8in tap for 20 shares at $20,000 a share) $400,000 Total Capital Cost $15,967,740 Project: Kersey Community Center Date: 5/6/2013 PROGRAM AREA SUMMARY and COST OPINION AREA DESCRIPTION Qty. .':Unit Cost Subt Sub2 Total Unit Cost Sub Total Public Amenities 1,200 s.f. $180 s.f. $216,000 Reception Facilities Entry Vestibule Lobby Lounge Reception Control Desk Public Restrooms Community Rooms Community/ MP Room/PI Storage Community/ MP Room #2 Stage Area Seniors Room Food & Beverage Warming/ Demonstration Ntchen Extra 200 400 300 300 500 100 800 700 700 400 1,200 1,400 400 Preschool 3,930 s.f. $150 s.f. $569,500 Common Areas Security Vestibule Reception & Control Desk Office Storage Janitor Closet Program Area 970 Class Room/ Toilet Work room/ files Conference Room 4 @ 1 @ 80 80 120 120 70 800 al 3.200 120 140 40 sf 3,460 Senior Area 1,770 s.f. $150 s.f. $265,500 Common Areas Security Vestibule Reception & Control Desk Office Storage Janitor Closet Program Area 470 Lounge Computer Room Crafts/ MP/ Dining/ Kitchen 800 sf 200 sf. 300 s.f 30 80 120 120 70 800 200 300 1,300 Administration Facilities 1,140 s.f. $150 s.f. $171,000 Common Areas 520 Office Machines Area/ Copy Files Staff Lounge Staff Lockers Business Staff Directors's Office Assistant Director's Office Accounting Office Extra Fitness Staff Program Directorrs Office Extra Support Staff 100 140 180 100 400 Housekeeping Receiving Extra 130 0 3 @ 905f. 270 110 110 110 0 110 Locker Facilities 5,100 s.f. $180 s.f. $918,000 Common Areas Express Lockers Extra Extra Women's Locker Rooms Lounge Day Lockers Wet Vanities Dry Vanities showers Steam Sauna Jacuzzi Toilets Changing Room Telephone Room Towel Drops Circulation/Other Women's Workout area Men's Locker Rooms 1 50 @ 0 @ 150 0 2,300 0 300 2,300 Lounge Day Lockers Wet Vanities Dry Vanities Showers Steam Page 1 of 4 O2003 Ohlson Lavoie Corporation mtproposalslcNlavoie\viera pro -health program area summary 3 wiN pool (1)-M1n Project: Kersey Community Center% Date: 5/6/2013 PROGRAM AREA SUMMARY and COST OPINION AREA DESCRIPTION Qty. Unit Cost Sub1 Sub2 Total Unit Cost Sub Total Sauna Jacuzzi Toilets Urinals Changing Room Telephone Room Towel Drops Circulation/Other Extra Family Changing Rooms 5, 70sf 350 Gymnasium 12,400 s.f. $145 s.f. $0 $1,798,000 2 full court basketball Gym Storage 2, 6000s.f. 400 s.f. Wrestling / Gymnastics 5,300 s.f. $150 s.f. $0 $795,000 Floor Storage/ Staging 5,000sf 300 Fitness 8,200 s.f. $150 s.f. $0 $1,230,000 Fitness Facilities (Includes CR/PWPT/OT Exercise Equipment) Cardio-Fitness Circuit Weights/ Selectorized Free Weights/ Plate Loaded Stretching and Floor Exercise walk jog track 1,200 1,200 1,200 100 4,500 8,200 Indoor Natatorium 12,300 s.f. $290 s.f. $0 $3,567,000 Combined Leisure and competative pool Pool Storage Pool Offices Outdoes Amenities Splash Pad Outdoor picnic area Basketball! volleyball Do q Park Walking Trails 11500' 400 s.f. 400 s.f 250,000 20,000 50,000 $320,000) Support Facilities 2,500 s.f. $120 $300,000 Mechanical Rooms Electrical Rooms General Storage 500 200 600 Pool Equipment Room 'TOTAL NET FLOOR AREA (NFA) Other gross area ( circulation) 11.0% of NFA 1,200 53,840 s.f. 5,900 s.f. 5188.89 s.f. $10,170,0001 $120 5708,000 TOTAL GROSS FLOOR AREA (GFA) 59,740 s.f. Per GFA = $ts2.09 s.f. $10,878,000 Page 2 of 4 r0 2003 Ohlson Lavoie Corporation m:lproposalslo5Alavoielviera pro -health program area summary a_wlpr pool (2).hrl EXHIBIT D Financial Plan • • I FA • PLATTE VALLEY RECREATION DISTRICT • No Growth Development Projection at 3.000 (target) Mills for Debt Service Series 2014, Cash -Flow Bonds, $16M Project, Non -Rated, 30-yr Maturity Q UT 9 n LL n 3 to 2.9 n E U Ala a U N w 0 2 m rc n 0 m OOOOOOMOOOOOOOOOOOOOOOOOOOOOOOOOOOO 0 0 0 0 m 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n 000000000000000000000000000 O N N N N N N N N N N N N N N N N N N N N N N N N N N N r 0 W m m 0 ai m m m m w m m 0 m m m 0 m m m m m a 0 W O) 0 0 NOMOSMOOMMOMMOOOOOOOOOOOOO ✓ rrrrrrrrrrrrrrrrrrrrrr oommoommomommonommommommommon KKKKKRRRKRKKRRRM 0 0 0 0 0 o m m m m m m m m m m m m m m m m m m m m m m m m m m m m r NNNNNNNNNN 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 RKRKKKRRRRKKRKRKRRR m m m m 0 0 0 0 0 m 0 0 m m 0 m m 0 m 0 m b 0 0 0 b 0 m NNNNNNNNNNNNNNNNNNNN N N N N N N N N N ✓ r r r r r r r r r r r r r r ...... r r m M 0 0 0 0 0 0 Coommocommonommonomononmononomm Co N N C N N N M N m N N N N N N N N m N N C N N N to b C 0 0 0 m 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N r n NNNNNNNNNNNNN r 00000000000000000000000000000000000 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ✓ rrrrrrrrrrrrrrrrrrrrr OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO 000 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0000 0 O O O O O O m m m m m m m m m m m m m m m m m m m m m m m m m m m m m v. 0 O N h 00 N Q b b b of N o A o' m n n b b r IA q b F F N O N n o h n O 0 0 O a OOOOOOOOOOOOOOOOOOOOOOOOOOOOO 00000000000000000000000000000 OOOOOOOOOOOOOOOOOOOOOOOOOOOOO 00000000000000000000000000000 • 0 0 0 0 0 OOOOOOOOOOOOOOOOOOOOOOOOOOOOO ✓ a a rQ c v a v a rQ a c a v a v a a a a a a a a N O M N m r r N o p N O^ 0 Oa O N Q 0 r 0 0) O N m Q N m r O N m O r r r N N N N N N N N N N m m m m m m m m M Co Q V V Q N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N C PVRD Fin Plan 13.xlsx 6/13/2013 F • PLATTE VALLEY RECREATION DISTRICT u Z."+ d co 3 a E W O g A 0 • d C• O O w Z 0 o d m2 a- c O u 'o 0. 0 0 a d E o 4 IT a = J N °) U r v '.2 N O t7 w O m z y V Q a ` mm o 0 O OOOOOOOOOOOOOOOOOOOOOOOOOOOOM O O O O O O O O O O O O O O O O O O O O O O O O O O M O o O O O o W N V m m W 0 a N M O nMN m YI N O 1O N O O O 0 O O 0 O O V 0 r M N M M N m V W W W b W W O 0 0 0 0 0 0 0 0 to M W N m M M V O O N M W m M W N O o h Co N In N a) a) V. Ul N a O O N (p O) O M M 0 Na n vi n a W 0) W W W W W 0 M V M O a W N N M M M a) 0 N a N h a N M O a a a a a R a a O 0 N O CD M W M M W N a 1O n 0 0 M n a) )O N ) to l0 N a) O ' M a .q- M en N .a- ` o of of m to a) V tai N O O 0 O O O O O W M O M O OrO 1O N O O M W O) a 0 N a M N W n 1O O O1 O) 0 N o) o) o] N a W (o O N N W M M a ro O ID M a m m M a N M a m M a N a N W W 0 0 0 N a) r N W to fo O) M O 0 O) N N r N a V N r M V V a a l0 t0 a0 O O CD N N N0 0 0000 r r r N O N ✓ - n N O W N N O O O O O O O O O O O O O O O O O O O O O O N NNW OO In O O W N W r r W araaR N N 0000 V N 0 M N O r O W W W W W O O O O O O O O O O 0 O O O 0 O O O 0 O O NVVVVVM a W 0 W W W M n of ai rn O) ai ai r n n N N N MMOMMN • t0 a s a W a N O O O O O O O O O O O O O O O O O O O O O O m N m V r m m NOOMMOVv aai Nm m M m MKNIo V en O O M N O M M O N O M O N W M a O r a M O a N l0 O) W N m O 0 NNNNNNNONN N N W r N W N W a N OO (0 a W N p N N N N N N N a O a M O OM n O a O M 0 N O 0 O O 0 O O O n 0 0 0 0 R) N V O 0 O) r O N W N a m 0 M O O W n M O n N N m N N N M W a O In N f0r N O) W m m O) N W O 0 M W O O n n n 0 l0 (O M O V W a a M M N N r - b N N N a) O N IO O M O n M M a W r a M W a N W m Y) n of O O NNNNNNNNNONNOMN0VNMOOVONVr O N N N N N N N N a O a W O r W 1O n a) a (0 M O N O 0 n n n n N N N N W N a O N W O N th ID W n V CD r N en O O O O O O O O W m N M O N n N N O) M N O 0 n N 0 r n O)O1 0 O) m O)O1 0 m W W 0 n n n IpIO IONN v) v) a V' en M N N 6, O O O 0 O M M M O M 0 O O 0 M O M O M O M VNNNNNNNNNNN NNNNNNNNNNNNNNNN .00000.000000000.000.000000. N N N N N n N N N N N N N N N N N N N N N n N N N N ro NemmmMeMMMMWMMOMMMMMOMOMMMWM M N N N N N N N N N N N N N N N N N N N N N N N N N N 0 r ...... N N 00o000monmmmmmmmmmmmnmmmmmmnmnnmmm N N N N N N N N N N N N N N N N N N N N N N N N N N N 000000000000000000000000000N O 0 0 O O O 0 O O 0 O O O O O O 0 O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N W N 0 W W W O W W W W W O 0 W O O 0 W W a) W W 0 0 W 0 0 M W N N N N N N N N N N N N N N N N N N N N N N N N N N W r r . r r r r r r r r r r r r r r r r r r r r r r r co wr O O O M CD N a N 0 N N N CO c p� O yak U W O r N r a 10 I0 N O M O N M a N O N W o) O r N M a 1O O N W W O N M o r N N N N N N N N N N M M O M M M M M M M a a a a 00000000000000000000000000000000000 N N N N N N N N N N N NR Fin Plan basic CF 3 C PVRD Fin Plan 13.xlsx 6/13/2013 • PLATTE VALLEY RECREATION DISTRICT • Operations Revenue and Expense Projections 0 O J o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N M r o V o N o 0 0 0 0 0 0 0 O 0 0 o 0 0 0 0 0 0 o O 0 0 0 0 o m m M V N M M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O r 0) to O N N M 0 0 0 0 o Oi to (6 to f0 (o to ro 10 o t to In o to o to (O top to to to t0 to r r r r r r > b = N 0 2 e- 6 N - a m o = o < 0 j OE out t� O > ONVN0000000NMMOON000000000 0 M r O) N r 0 CO CO N Q O r N m N m O V N 0) N N V 0) N r N r 0 Ol t N I N V In Ol m m 0 O Q to N O0) 0 0 0 0 0 0 Or) m N t V N O m N N ✓ r r r r N N N N N N' N N N N V O C r O N r M f 0 O) 0 r V N r V 0 0 0 0 0 0 0 0 O N r m N N 0 m N r O V N N CO N R r MOO 0) N V O N IO O O W N N 0 r N O) V O1 N r rt) N 10 10 m rrr N N • r M 0 N N N M t0 o O M N M N MNyvvy CO M N m N N O V to N r N N O N N M 0 N N N O m O N N a - N CO N_ 0 V r N r n N M 0 V_ O N J to0 N N N m O) IO 0 r 0 (I) N N N O N t0 r 01 N N M N M t0 N m tO M m m r O t0 N O] t0 N N _O N V_ CO N N O N V CO N O) N d' N O) N N O M m M O M m N O N MN M M V N r r r r r r r r r r r V V V r r rrr M t0 M ...... O) CO m m m m m m m M M M m m M M m m m m m m N N N N o M V N r 0 0 0 o 0 0 0 0 0 o a o 0 0 0 0 0 0 o 0 0 m N m m m `o r o N m m m m m m m m m a m m m m m m r m m m m m m 0 Cn r O t N to N N N N N N N N N N N N N N N N N N N N N m M r N N W M M O) ........ r ........ r r r r r r r r r r r r CO m M M M M m m m m m M M M M M M M M M m V a M o V' m M t to N M M N N N M M N N N N M M Y) N M M N N M V m M N N N N M M M M M M M M M t0 M M M M M M M M M M V m N N N N m V N N N N N N N N N N N N N N N N N N N N N N m 0 m 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O r r N M M [Y o M r N N N N N N N N N N N N N N N N N N N N N O M V N O r W R O N N N N N N N N N N N N N N N N N N N N N V 0 M M V 0 m M V' V V' V V V V Q Q R V V 4 V V O QV V O r p N N O M N N M _ O m N O N - N N N N N N N N N N N N N N N M M M N ✓ rr r r r r r r r r r r r r r r N r r r r r r r r m 0 0 0 o 0 0 0 0 0 0 0 0 0 o 0 o O O o 0 0 r 0) N M N O V o N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m m M a N m M M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M m O N N m CO m t7 td M th td m m n m t7 td td t7 ri M td td 6 n m m to 6 6 6 e 6 v 00000000000000000000000000000000000 N 0 0 0 0 0 0 0 0 00 00 0 0 0 0 0 0 0 0 0 00 0 0 N V N000000000000000000000000000000000 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m N CO N 0 0 0 - o o00 0 ''' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO m m m N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M M m M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O0 0 0 0 0 0 0 0 N N N Q O) M M M M M M m m m m M M m M M M M M M M m m m m m m m m M M CO m N N N V' N V' N N V' V V R Q V P V V V' V' V V' V' V V V V O V V V' V V V' R V'V' V R N' N ro N 0 V co CO Q F o° M O r N M N to M r M M O N M V' N M N m O N m V N M r M M 0 N m O r r N N N N N N N N N N M M M M M m m M M M V V N' V 00000000000000000000000000000000000 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 0• = O 2 O O E 0 C PVRD Fin Plan 13.xlsx 6/13/2013 KRISTEN:D.:B AIt WIWaAM P::ArrtziE, JR.:.. • JEhiIYII+ER GRIn3ERTANAKAi. • I.GEORGE M.:'RowLEY;* .WHITE • BEAR - ANKELE • PR.O,I:ESSIONAL C0RP.:O.RAT.ION ATTORNEYS AT LAW June. :262013 Weld County:B.oard of County Commissioners': 1150.0 Street P:0.:Box::758 Greeley; CO 80632 .• ....: CLRrT.C. WALDRON.... NEL RUTLEDGE ***ROBERT G. ROGERS BRENT E. BUTZIN • KRISTIN!". A0WERS ****ZACIIARXJ .W.10TE WELD:CO unrr COMMISSIONERS Proposed Platte Valley Recreation District (the "District") Notice of Intent to: Impose Mill Levy in Year of Formation Dear Board of County :Commissioners; Pursuant to Section 39-1-110(1)(a), C.R.S., this correspondence serves as notice of the proposed District's intent to levy a tax in year of its organization. Organization of the proposed District is expected prior to the deadline forcertification of property taxes December 15, 2013. Enclosed please find the legal description and map of the area that is to be included in the . District, attached as =Exhibit:A and Exhibit B. respectively, as required pursuant to Sections 39 1-110(1)(a)(II)-(Ill), C.R.S.: The proposed : District's 'boundaries: are coextensive.. with the boundaries of the Platte Valley School District Weld Re -7. -However, in accordance with Section 32-1-307(1), C.R.S., the surface area of any tract of land of 40 -acres or more used primarily and zoned for agricultural uses, as listed in the records of the' Weld County: Assessor's office, shall not he subject to taxation by the District. Only the surface area will.be initially excluded from the District's boundaries for taxation purposes, and not any subsurface- mineral, oil and gas, or any other subsurface interest having separate taxable.: value, which separately taxable interests shall be subject to taxation by the District upon organization. To confirm for our records:that you.. have received this official notice, please sign and complete the enclosed. Acknowledgement Receipt and return it inthe enclosed:: self-addressed, stamped envelope. Enclosure.. .1277.0002:512486 Very truly yours, WHITE, BEAR & ANKELE Professional Co,porati William P. Ankele;.Jr. :. ww.w.whitebesrankele.com 2154 E. Commons.,Avenue,:Suite2000 • Centennial,:CO,.80122 Telephone (3.03):858 1800 :• Facsimile (303) 858 `1.801 • • •..• Gca s dIn • iewMexico, '"Utah, ••>Teras ' . .iiVt+*Colorado.Admissson Pending........ c,R1)/ EXWBIT A. Platte Valley Recreation. District. Legal Description Platte Valley. School .District RE -.7• PAR.CCI, A Beginning at the intersection of Weld County Road (WCR) 59 with US Highway 34; thence westerly along the centerline of USllighway 34 to its intersection with WCR 57; thence northerly along the centerline of WCR 57 to its intersection with WCR 66; thence westerly along the centerline of WCR 56 to its intersection With US Highway ,34; thence westerly along the centerline of US I Iighway 34 to it intersectionWitit WCR 47 at the 1.`; western boundary of Platte Valley School District Rh -7: (District); thence clockwise along the District boundary to its intersection with the South Platte 4iver; :. : thence easterly along the centerline of the South Platte River to its intersection.witlt:an unnamed . private road and the Riverside Intake .Cana al; thence northerly along the centerline of the unnamed private road. to. its.tntersection:with WCR 388; thence easterly along the centerline ofWCR 3 •: to its intersection with WCR 61; th ae e southerly along the oenterlinc f.WCR:6I to its intersection with US Highway 34;'..:. thence westerly along the centerline. of US. Highway 34 toils intersection with WCR 59, the point...: of beginning PARCEL B 13eginn i ng at the intersection of WCR 61 with US Highway 34; thence westerly along the centerline o£U.$ Iiiglhway 34 to its intersection with WCR 59; .. thence southerly along the centerline of WCR..59 to its intersection t WCR 52 ih.;• thence westerly along the centerline of WCR 52'4 to its intersection with WCR 57; .; thence southerly along the centerline of WCR 57 to its intersection with WClt 52; thence westerlyalong the centerline of WCR 52 to WCIt 53; thence northerly along the centerline of W CR 53 to its intersection with the Union.P.acifc. Railroad; ` . thence westerly along the centerline ofthe.Union Pacific Railroad to its intersection with the western boundary of Platte Valley Schaal District Re -7; . : Tence.counterclockwise along the tkstrict boundary to its intersectionWith the South Platte River;, :thence easterly along the centerlineof the South Platte River to its intersection with an unnamed. • ptiyate read and the Riverside Intake:Canal; #hence northerly along the centerline of the unnamed private road to its intersection with WCR' thence easterly along the centerline of WCR 388 to its irttersectionnwith.WClt 61; thence southerly along thecenterline of WCR 61 to its intersection with US Ilighwgy 34, the point. of beginntpS 1 of2 PARCEL G Beginning at the intersection of Weld County Road (WCR) 59 with US Highway 34; thence westerly along the centerline of US Highway 34 to its intersection with WCit 57; thence northerly along the centerline of WCR 57 to its intersection with WCR. 56; thence westerly along the centerline of WCR 56 to its intersection with US Highway 34; thence westerly alongihe centerline. 01 US Highway 34 to its intersection with WCR47,i4,at33te western boundary of Platte Valley School District RE -7 (District); thence southerly;alQng the District boundary to its intersection with the Union Pacific Railroad; thence easterly along the centerlinc of the Union Pacific Railroad to its intersection with WCR 53; thence southerly along the centerline of WCR 53 to its intersection with WCR 5"2; thence easterly along the centerline of WCR 52 to its intersection with WCR 57; thence northerly along the centerline of WCR 57 to its intersection with WCR 52 °h.; • thence easterly along`centerlineof WCR 52'4 to its iutersectioo wit$ 'Welt' 59; thence northerly along the.centerltne of WCR 59 to its intersection with U.S Highway 34, ..the point. . of beginning. LATr4 VALLEY 3C1i00L DISTRICT RE -7, .KERRSEY, COLORADO._ • 2of2.,.. SERVICE PLAN APPROVAL CALENDAR FOR NOVEMBER 5, 2013 SPECIAL DISTRICT ORGANIZATIONAL ELECTION PLATTE VALLEY RECREATION DISTRICT Weld County, Colorado DATE EVENT AUTHORITY June 18, 2013 - June 25, 2013 Informal review of Draft Service Plan by County Staff June 25, 2013 Formal submittal of Service Plan to Clerk of the Board of County Commissioners ("BOCC"), Division of Local Government, and State Auditor §32-1-202, C.R.S. June 30, 2013 County Clerk & Recorder, on behalf of the BOCC, reports to the DLG the name and type of proposed special district (within 5 days of filing Service Plan) §32-1-202, C.R.S. July 8, 2013 BOCC Meeting to Accept Application, Set Hearing Dates §32-1-202, C.R.S. July 9, 2013 — August 9, 2013 Weld County Referral Period (30 -Day Minimum) August 27, 2013 Published notice ofpublic hearings. §32-1-204(1), C.R.S. August 17, 2013 — August 27, 2013 Mailed notice ofpublic hearings to property owners. §32-1-204(1), C.R.S. Mailed notice of public hearing to all taxing entities within three mile radius §32-1-204(1), C.R.S. .,,. .:.C,ffeelr/l+3'9/tJ/f1YPlfB.l..(xo.C.C/fe.CX+1.a.(�ILC/IOOOtl////O13'fN`!Nrun�rctiorr4Y65'LbiYlllfli'I//../(/dmeee(.SM^.ba'..+,.:• Asiaa.m}.w �m^..mom �4lvrr 'A.(MZC� rtv/.lr�J�iwlti= J. DATE EVENT AUTHORITY September 3, 2013 Planning Commission Hearing, PC Makes Recommendation to BOCC §32-1-202, C.R.S, §32-1-204(2)(a), C.R.S. September 5, 2013 The Designated Election Official shall certify the ballot to the Clerk & Recorder (no later than 60 days before any election) §1-5-203(3)(a), C.R.S. September 16, 2013 BOCC public hearing on Service Plan (at next regular BOCC meeting at least 10 days after Planning Commission) §32-1-202, C.R.S. September 17, 2013 File Petition for Organization with District Court (must be accompanied by Resolution Approving Service Plan) §32-1-301, C.R.S. October 4, 2013 Ballots printed and in the possession of Designated Election Official Ballot issue notice packet (TABOR notice) mailed to voters. (at least 30 days before election) §1-5-406, C.R.S. §1-7-906(2), C.R.S. Article X Section 20(3)(b) State Constitution October 6, 2013 Ballot questions submitted to the County for filing and review (no later than 30 days before any election) County Code Sec. 2-14-20 October 7, 2013 First day to hold court hearing on petition for Organization (not less than 20 days, nor more than 40 days after petition is filed) § 32-1-304, C.R.S. -2- DATE EVENT AUTHORITY October 11, 2013 First day to mail ballot packages §1-7.5-107(3)(a), C.R.S. First day mail ballot packages available at §1-7.5-107(3)(c), C.R.S. DEO's office for eligible electors not listed on the property owners, registration or inactive lists furnished by the county (no sooner than 25 days prior to election day) October 21, 2013 Last day to mail ballot packages (no later than 15 days prior) §1-7.5-107(3)(a) , C.R.S. First day early voting may begin §1-8-202, C.R.S. (15 days before) Last day to appoint canvass board §1-10-201(1), C.R.S. (at least 15 days prior) §1-10-201(1.5), C.R.S. October 27, 2013 Last day to hold court hearing on petition for Organization 5C 32-1-304, CRS. (not less than 20 days nor more than 40 days after petition is filed) Nov 5, 2012 ELECTION DAY -3- M w 0 co co Q NU 0 v CO CB a0 cti t5 CASH RECEIPT RECEIVED FROM ADDRESS DATE ce' (-5 dew& INA,t1A( ?WI!, Vain vim 1a. HOW PAID CHECK MONEY • ORDER NO.87035 $ 6b • BY lqv Hello