Loading...
HomeMy WebLinkAbout20111904.tiff EAST 1.25 SANITATION DISTRICT Weld County, Colorado FINANCIAL STATEMENTS December 31, 2010 2011-1904 Cove ockwN C i oV S S(. 00°14 TABLE OF CONTENTS PAGE INDEPENDENT AUDITORS' REPORT 1 BASIC FINANCIAL STATEMENTS Government-wide Financial Statements: Statement of Net Assets l 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 18 Debt Service Fund- Schedule of Revenues,Expenditures and Changes in Fund Balances - Budget and Actual 19 Capital Projects Fund- Schedule of Revenues,Expenditures and Changes in Fund Balances - Budget and Actual 20 Summary of Assessed Valuation, Mill Levy and Property Taxes Collected 21 EMIWAGNER BARNES, Pc Certified Public Accountants&Business Consultants Independent Auditors'Report To the Board of Directors East I-25 Sanitation District Weld County,Colorado We have audited the accompanying financial statements of the governmental activities and each major fund of East I-25 Sanitation District, as of and for the year ended December 31,2010, which collectively comprise the District's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the District's management. 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 of material misstatements. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management,as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. The District has not presented management's discussion and analysis that the Governmental Accounting Standards Board had determined is necessary to supplement,although not required to be part of,the basic financial statements. 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 1-25 Sanitation District, as of December 31, 2010, and the respective changes in financial position thereof and the budgetary comparison for the general fund for the year then ended in conformity with accounting principles generally accepted in the United States of America. Our audit was conducted for the purpose of forming an opinion on the financial statements that collectively comprise the District's basic financial statements. The accompanying financial information listed as supplementary information in the table of contents is presented for purposes of additional analysis and is not a required part of the financial statements of the District. Such information has been subjected to the auditing procedures applied in the audit of the governmental activities and each major fund financial statements and, in our opinion, is fairly stated in all material respects in relation to the financial statements of each of the respective governmental activities and each major fund, taken as a whole. Lakewood,Colorado July 20,2011 Zia', tu/ k. I Wagner Barnes, PC 735 South Xenon Ct.,Suite 200• Lakewood,Colorado 80228 303.202..1800 Office•303,237.0155 Fax •www.wbcpaco.com BASIC FINANCIAL STATEMENTS EAST I-25 SANITATION DISTRICT STATEMENT OF NET ASSETS December 31,2010 Governmental Activities ASSETS Cash $ 61,544 Cash-Restricted 664,175 Receivable- County Treasurer 2,478 Property taxes receivable 315,709 Capital assets,net 347,125 Bond issue costs, net 25,000 Total assets 1,416,031 LIABILITIES Accounts payable 224,371 Accrued interest payable 5,365 Retainage payable 19,686 Deferred property tax revenue 315,709 Noncurrent liabilities Due within one year 185,000 Due in more than one year 535,000 Total liabilities 1,285,131 NET ASSETS Restricted for: Emergency reserve 4,600 Unrestricted 126,300 Total net assets $ 130,900 These financial statements should be read only in connection with the accompanying notes to financial statements. 1 CM OOOO .-, cn ,71- N '0 \ 0 t+' eC .Q a a) .yam. oo n M O N N 0 v w a a a Q O ,w - � N OO con O a.., al y a.) V ... •a w 0a •C..) E• i A (7 Vo EA) Ea9 u5 a) a 0 El bQ in •C () • vs im. r:.,u . i N o WQ a r, N .. U, /�-1 Ls M a) rh I I O `V FZ 1. tte L• — .� ti CD 01 OP oc° t o a) z w )." _ow 8 U v) > on o dpQ a c° .a - N Q) • F, A i,; 0 0 0 L Z -O 0 cn a) (1) = bA 'd z Q �W�r c n 00 o 0) G4 W NDA iG d 6i OO M n > o OA-0 0i C '5, elkr) W W z aJ .t, c) z z z a.) rN.�r ..,t il 0 0. N N - jv,u . f— (� vii ) fa. Q y ,.. O. Q Q r.n � W j � zz � W 694 49 U 9 az z dJ Q 0 rn z J1 0 t+ U :d al U a) T) L , cd o an q d o q9 o a, y o °q aa, a E > EAST I-25 SANITATION DISTRICT BALANCE SHEET GOVERNMENTAL FUNDS December 31,2010 Total Debt Capital Governmental General Service Projects Funds ASSETS Cash and investments $ 61,544 $ - $ - $ 61,544 Restricted cash and investments 4,600 - 659,575 664,175 Receivable-County Treasurer 2,478 - 2,478 Property taxes receivable 63,142 252,567 - 315,709 TOTAL ASSETS $ 131,764 $ 252,567 $ 659,575 $ 1,043,906 LIABILITIES AND FUND BALANCES LIABILITIES Accounts payable $ 26,390 $ - $ 197,981 $ 224,371 Retainage payable - 19,686 19,686 Deferred property tax revenue 63,142 252,567 - 315,709 Total liabilities 89,532 252,567 217,667 559,766 FUND BALANCES Reserved for: Emergency reserve 4,600 - - 4,600 Capital expenditures - - 441,908 441,908 Designated for subsequent year's expenditures 37,632 - - 37,632 Total fund balances 42,232 - 441,908 484,140 TOTAL LIABILITIES AND FUND BALANCES $ 131,764 $ 252,567 $ 659,575 Amounts reported for governmental activities in the statement of net assets are different because: Capital assets used in governmental activities are not financial resources and, therefore,are not recorded in the funds. 347,125 Other long-term assets are not available to pay for current period expenditures and, therefore,are not recorded in the funds. Bond issue cost,net 25,000 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 (720,000) Accrued interest payable-Limited Tax G.O. Bonds (5,365) Net assets of governmental activities $ 130,900 These financial statements should be read only in connection with the accompanying notes to financial statements. 3 • EAST I-25 SANITATION DISTRICT STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS Year Ended December 31,2010 Total Debt Capital Governmental General Service Projects Funds REVENUES Property taxes $ 117,010 $ 468,043 $ - $ 585,053 Specific ownership taxes 36,234 - - 36,234 Total revenues 153,244 468,043 - 621,287 EXPENDITURES Current Accounting 25,258 - - 25,258 Audit 4,100 - - 4,100 Treasurer's fees 1,755 7,021 - 8,776 Insurance and bonds 255 - - 255 Dues and subscriptions 1,225 - - 1,225 Legal services 32,217 - - 32,217 District management 12,926 - - 12,926 Miscellaneous 57 - - 57 Banking fees 190 - - 190 Capital expenditures Capital outlay - - 347,125 347,125 Debt service Bond issue cost 25,000 - 25,000 Bond interest - 13,904 - 13,904 Bond principal - 226,539 - 226,539 Total expenditures 102,983 247,464 347,125 697,572 EXCESS OF REVENUES OVER (UNDER)EXPENDITURES 50,261 220,579 (347,125) (76,285) OTHER FINANCING SOURCES(USES) Repayment of Developer advance-Principal - (192,080) - (192,080) Repayment of Developer advance-Interest - (37,305) - (37,305) Bond proceeds - - 720,000 720,000 Transfers to other funds (77,839) - - (77,839) Transfers from other funds - 8,806 69,033 77,839 Total other financing sources(uses) (77,839) (220,579) 789,033 490,615 NET CHANGE IN FUND BALANCES (27,578) - 441,908 414,330 FUND BALANCES-BEGINNING OF YEAR 69,810 - - 69,810 FUND BALANCES-END OF YEAR $ 42.232 $ - $ 441,908 $ 484,140 ii , 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, 2010 Amounts reported for governmental activities in the statement of activities are different because: Net change in fund balances - Total governmental funds $ 414,330 Governmental funds report capital outlays as expenditures. In the statement of activities, capital outlay is not reported as an expenditure. However, the statement of activities will report as depreciation expense the allocation of the cost of any depreciable assets over the estimated useful life of the asset. During the current period,this is the net amount of capital outlay: Capital outlay 347,125 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 assets. The net effect of these differences in the treatment of long-term debt and related items is as follows: Current year bond issuance expenses 25,000 Bond proceeds (720,000) Current year bond principal payment 226,539 Repayment of Developer advance principal 192,080 Some expenses reported in the statement of activities do not require the use of current financial resources and, therefore, are not reported as expenditures in governmental funds: Accrued interest on Developer advance- Change in liability 18,343 Accrued interest on bonds payable - Change in liability (4,471) Changes in net assets of governmental activities $ 498,946 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 31,2010 Budget Variance with Amounts Final Budget Original Actual Positive and Final Amounts (Negative) REVENUES Property taxes $ 117,010 $ 117,010 $ - Specific ownership taxes 40,950 36,234 (4,716) Total revenues 157,960 153,244 (4,716) EXPENDITURES Accounting 30,000 25,258 4,742 Audit 4,100 4,100 - County Treasurer's fees 1,755 1,755 - Insurance and bonds 255 255 - Dues and subscriptions 1,225 1,225 - Bond issue cost 25,000 25,000 - Legal services 70,000 32,217 37.783 District management 12,926 12,926 - Miscellaneous 100 57 43 Banking fees 190 190 - Contingency 83,575 - 83,575 Total expenditures 229,126 102,983 126,143 EXCESS OF REVENUES OVER (UNDER)EXPENDITURES (71,166) 50,261 121,427 OTHER FINANCING SOURCES (USES) Developer advances 72,266 - (72,266) Transfers to other funds - (77,839) (77,839) Total other financing sources 72,266 (77,839) (150,105) NET CHANGE IN FUND BALANCES 1,100 (27,578) (28,678) FUND BALANCES- BEGINNING OF YEAR 3,700 69.810 66,110 FUND BALANCES - END OF YEAR $ 4,800 $ 42,232 $ 37,432 These financial statements should he read only in connection with the accompanying notes to financial statements. 6 EAST I-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31,2010 NOTE 1 -DEFINITION OF REPORTING ENTITY East 1-25 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 assets 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 assets reports all financial and capital reserves of the District. The difference between the assets and liabilities of the District is reported as net assets. 7 EAST I-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31, 2010 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. When both restricted and unrestricted resources are available for use, it is the District's policy to use restricted resources first, hen unrestricted resources as they are needed. 8 EAST I-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31,2010 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. 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 as deferred revenue in the year they are levied and measurable. The deferred property tax revenue is recorded as revenue in the year it is available or collected. 9 EAST I-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31,2010 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Capital Assets Capital assets, which include property, plant, equipment and infrastructure assets (e.g. roads, bridges, sidewalks, and similar items) are reported in the applicable governmental activities columns in the government-wide financial statements. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair value at the date of donation. Capital assets which are anticipated to be conveyed to other governmental entities are recorded as construction in process and not included in the calculation of invested in capital assets, net of related debt component of the District's net asset. The costs of normal maintenance and repairs that do not add to the value of the asset or materiality extend the life of the asset are not capitalized. Improvements are capitalized and depreciated over the remaining useful lives of the related fixed assets, as applicable. Amortization Bond Issue Cost and 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. Bond issuance costs are reported as deferred charges and amortized over the term of the related debt. In the fund financial statements, governmental fund types recognized bond premiums and discounts, as well as bond issuance costs, 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. Issuance costs, whether or not withheld for the actual debt proceeds received, are reported as debt service expenditures. Fund Equity In the fund financial statements, governmental funds report reservations of fund balance for amounts that are legally segregated or are not subject to future appropriation. Designations of unreserved fund balances indicate management's intention for future utilization of such funds and are subject to change by management. The District considers all unreserved fund balances to be "reserves" for future operations or capital replacement as defined within Article X, Section 20 of the Constitution of the State of Colorado. 10 EAST I-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31,2010 NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Reserved Fund Balance Emergency Reserves have been provided for as required by Article X, Section 20 of the Constitution of the State of Colorado. The reserved fund balance in the Capital Projects Fund is reserved exclusively for capital expenditures. NOTE 3 - CASH Cash and investments as of December 31, 2010 are classified in the accompanying financial statements as follows: Statement of net assets: Cash $ 61,544 Cash -Restricted 664,175 Total cash $ 725,719 Deposits with Financial Institutions 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, 2010, the District's cash deposits had a bank balance of $738,720 and a carrying balance of$725,719. 11 EAST 1-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31, 2010 NOTE 4 -INTERFUND TRANSFER The transfer of$8,806 from the General Fund to the Debt Service Fund was done for the purpose of providing funds for debt service payments, and the transfer of$69,033 from the General Fund to Capital Projects Fund was done for the purpose of providing funds for the capital project costs. 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 -CAPITAL ASSETS An analysis of the changes in capital assets, all of each are considered to be construction in process for the year ended December 31,2010 follows: Balance at Balance at December 31, Transfers and December 31, 2009 Additions Retirements 2010 Capital assets, not being depreciated Construction in process Sewer line $ - $ 347,125 $ - $ 347,125 Total capital assets, not being depreciated - 347,125 - 347,125 Governmental activities - Capital assets, net $ - $ 347,125 $ - $ 347,125 12 EAST 1-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31, 2010 NOTE 7 - LONG-TERM OBLIGATIONS The following is an analysis of the changes in the District's long-term obligations for the year ended December 31, 2010: Balance at Balance at December 31, Net Issues/ Retirements/ December 31, Current 2009 Additions Refunding 2010 Portion Limited Tax G.O. Bonds Series 2008 No. R-1 $ 40,738 $ - $ 40,738 $ - S - No, R-2 55,372 - 55,372 - - No. R-3 27,752 - 27,752 - - No. R-5 8,976 - 8,976 - - No. R-6 38,050 - 38,050 - - No. R-7 37,104 - 37,104 - - No. R-8 18,547 - 18,547 -Developer advances 192,080 - 192,080 - - Developeradvanceinterest 18,343 18,962 37,305 - - Limited Tax G.O. Bonds Series 2010 • 720,000 - 720,000 185,000 $ 436,962 $ 738,962 $ 455,924 $ 720,000 $ 185,000 Note: No. R-4 has been cancelled and replaced with No. R-7 and No. R-8. 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. 13 EAST 1-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31, 2010 NOTE 7- LONG-TERM OBLIGATIONS (CONTINUED) 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 2011, 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 $185,000 of the Series 2010 Bonds as current Bonds Payable since it has budgeted to pay that amount in principal in 2011. 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, 2010, 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 2010 Sanitary sewer $ 30,000,000 $ 1,224,448 $ 28,775,552 Operations and maintenance 30,000,000 - 30,000,000 Refunding financial obligations 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. 14 EAST I-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31, 2010 NOTE 8 -NET ASSETS The District has net assets consisting of two components - restricted and unrestricted. Restricted assets include net assets that are restricted for use either externally imposed 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 assets as of December 31, 2010 as follows: Governmental Activities Restricted net assets: Emergency reserve $ 4,600 Total restricted net assets $ 4600 The District's unrestricted net assets as of December 31, 2010 totalled $126,300. NOTE 9 - 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 10 - 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 (Forestay). 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 15 EAST I-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31,2010 NOTE 10 - DEVELOPER ADVANCES (CONTINUED) 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. During 2010, the District repaid the total outstanding balance of$229,385 to Developer, which included $37,305 of previously accrued interest. NOTE 11 - 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, 2010. 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 funds which the Pool determines arc not needed for purposes of the Pool may be returned to the members pursuant to a distribution formula. NOTE 12 - 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. 16 EAST I-25 SANITATION DISTRICT NOTES TO FINANCIAL STATEMENTS December 31,2010 NOTE 12 -TAX,SPENDING AND DEBT LIMITATIONS (CONTINUED) 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. 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. This information is an integral part of the accompanying financial statements. 17 SUPPLEMENTARY INFORMATION 18 EAST I-25 SANITATION DISTRICT DEBT SERVICE FUND SCHEDULE OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES-BUDGET AND ACTUAL Year Ended December 31,2010 Budget Variance with Amounts Final Budget Original Actual Positive and Final Amounts (Negative) REVENUES Property taxes $ 468,040 $ 468.043 5 3 Total revenues 468,040 468,043 3 EXPENDITURES County Treasurer's fees 7,021 7,021 - Bond interest- Series 2010 14,000 13,904 96 Bond principal- Series 2008 226,539 226,539 - Contingency 4,979 - 4,979 Total expenditures 252,539 247.464 5,075 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES 215.501 220,579 5,078 OTHER FINANCING SOURCES (USES) Repayment of Developer advance-Principal (180,000) (192,080) (12,080) Repayment of Developer advance- Interest (36,000) (37,305) (1,305) Transfers from other funds - 8,806 8,806 Total other financing sources (216,000) (220,579) (4,579) NET CHANGE IN FUND BALANCES (499) - 499 FUND BALANCES - BEGINNING OF YEAR 499 - (499) FUND BALANCES - END OF YEAR $ - $ - $ - 19 EAST I-25 SANITATION DISTRICT SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES -BUDGET AND ACTUAL CAPITAL PROJECTS FUND Year Ended December 31,2010 Budget Variance with Amounts Final Budget Original Actual Positive and Final Amounts (Negative) REVENUES Total revenues $ - $ - S - EXPENDITURES Engineering 350,000 85,993 264,007 Easement 64,268 64,268 - Capital outlay 196,864 196,864 - Contingency 1,388,868 - 1,388,868 Total expenditures 2,000,000 347,125 1,652,875 EXCESS OF REVENUES OVER (UNDER)EXPENDITURES (2,000,000) (347,125) 1,652,875 OTHER FINANCING SOURCES(USES) Bond proceeds 2,000,000 720,000 (1,280,000) Transfers from other funds - 69,033 69,033 Total other financing sources 2,000,000 789,033 (1,210,967) NET CHANGE IN FUND BALANCES - 441,908 441,908 FUND BALANCES - BEGINNING OF YEAR - - - FUND BALANCES - END OF YEAR S - $ 441,908 S 441,908 20 EAST I-25 SANITATION DISTRICT SUMMARY OF ASSESSED VALUATION, MILL LEVY AND PROPERTY TAXES COLLECTED December 31,2010 Prior Year Assessed Valuation Total Mills Levied for Current 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% Estimated for year ending December 31, 2011 $ 12,628,370 5.000 20.000 $ 315,709 21 Hello