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Home My WebLink About20100177.tiff INVENTORY OF ITEMS FOR CONSIDERATION • AppDLcnot Anse:A/ded. avid ncstcted case Nvvvber 2009-xx CoAsoLldoted SevvLce PLavk.for Peebe. Dow F2'rrs metropoLLt2v,. a'Lstret No. 1 2wd No. 2 Submitted or Prepared Prior to At Hearing Hearing i staff Letter to AppLLc2 vet Leo2L Not(f(c otLovvs 2 AppLLc2tLovt— Draft Dated NoveM_ber 13, 2003 X Referral List X 4 oeferraLs wLtbi corv.wrewts X ➢Erector of F vv2'n.ce `7 Ad.raiv<LtrtLoo,referr2L dated Deeeo,tber 1.4, 2003 Dep.'rtw&eAt o f PubLLc v1or' s referral dated Deoewtber 15 110, 2009 • 5 PC 5xAL6ts A DLst'r✓et No. I Cop(taL Pledoe AareeV,aev t dated. Nov°Llkber 12, 2003 X S Di/sty/tot No. 2 C.pStoL PLedoe Aereevttev5t dated Novevttber 10, 2009 X C Suvrou.v,.d.LN.rp PropevtCu owvo.er Letter of support (Lf,od.o PsLoo ) dated X )awuaru 5, 2010 D SixrouvUd.LvU0 Prope'rtL owv,er Letter of support (Steve 2 Morastet x Cooper) d.oted.JovVuar9 5, 2010 E S mold Lvv(2: P'ropeY_L OWV er Letter sf support (Deco owd. Lore(1, l obor) X date9 Jovw.ord 5, 2010 F SurrD(7(OALv 00 Property Gw✓ve'r Letter of.sup-pert (LLvvd2 Cox) dated X Javvuarll 5, 2010 C, Surrouv,di.v.,9 Prope'rtui Owvver Letter op-posit-Loft Ueff Hare) doted X jov,v.ar9 5, 2010 H SurrouA.d.ttw0 Property Owwer Letter o f support (Son.d9 2v2d. c�Lerr X Ad12Cvrs) dated.)on,uor,9 5, 2010 Letter frovv, R/HR. Krov,„ Esgs, c0fLosLIaW HPArr(vv, LeoOL Cov.v5°L for X MetropoLLt2 DLst/ttot No. 1, dated Decew-ber 30, 2009 • EXHIBIT 11-\. 2010-0177 PLarn,wtwg Cov,trodsstov.ResoLuttow • herebuu certt fu that the 5 Ltevrts tdewtt fted hereLw were subvvitted to the mepartvvevvt of Plawvavug services at or prLor to the solid uLed PLawvttwg Covv V& ssLoviers hear'itwg. KivvL C3dle 2 PLavt.vter • DEPARTMENT OF PLANNING SERVICES • Greeley Planning Office 918 Tenth Street Colo rado Colorado 80631 WEBSITE: www.co.weld.co.us IE-MAIL: kogle@co.weld.co.us C PHONE (970) 353-6100, EXT. 3549 FAX (970) 304-6498 COLORADO January 5, 2010 Beebe Draw Farms Metropolitan District 1 and 2 c/o Kristin J. Bowers McGeady Sisneros, P.C. 450 E. 17th Avenue, Suite 400 Denver, CO 80203-1214 Subject: Amendment to and Restatement to the Consolidated Service Plan for Beebe Draw Farms Metropolitan District Nos. 1 and 2 Legal: Generally described as Lots 1-36, 37-127, 128-138, 139-151, 152-158 and 161-188 • and Outlots A, 1, 2, and 3, Corrected First Filing Plat of Beebe Draw Farms and Equestrian Center; and generally described as Sections 3, 4, 5, 8, 9, 10, 15, 16 and 17, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado. A Legal Description with greater detail is included in Exhibit A Dear Ms. Bowers: The Department of Planning Services has reviewed the request for comments in regard to the submitted Amended and Restated Consolidated Service Plan for the Beebe Draw Farms Metropolitan District Nos. 1 and 2 applications. Please consider these comments as a unified response to the Special District Provisions. This request is scheduled before the Weld County Planning Commission on January 5, 2010, at 1:30 p.m. The hearing will take place at the Greeley Planning Office at 918 Tenth Street, Greeley, Colorado POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of these metropolitan districts are listed in Section 32-1-203(2) and Section 32-1-203(2.5), C.R.S. and Section 2-14-20 through Section 2-14-70 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: Weld County Department of Finance, referral dated December 14, 2009 Weld County Department of Public Works, referral dated December 18, 2009 • Beebe Draw Farms Metropolitan District 1 and 2 Page 1 of 9 The Department of Planning Services' staff has not received responses from the following agencies: • LaSalle Fire Protection District < Weld County Sheriff's Office Comment: The Department of Finance and Administration has reviewed "The Beebe Draw Farms Metropolitan Districts 1 & 2 Amended and Restated Service Plans. The plans are being amended to provide for changes in the structure and relationships between the districts. Key to the change is the districts will enter into the Beebe Draw Farms Authority Establishment Agreement (AEA). The AEA establishes processes for financing the operation and maintenance of the existing public improvements as well as the financing, construction, and operating and maintaining the additional public improvements, and the establishment of operations and maintenance budgets and operating mill levies. This development has struggled for years to create a viable community and resolve issue between residents, owners of parcels in the development and the developers. This amendment that has been negotiated with all parties involved appears to go a long way to resolve many past issues and lay out a reasonable plan for the future development that will be in the best interest of the existing residents, owners of vacant land, and the developer. The Department of Planning Services in conjunction with the Weld County Attorney's Office and Weld County Finance Department recommend that the Planning Commission approve the attached Service Plan for Amended and Restated Consolidated Service Plan for the Beebe Draw Farms Metropolitan District Nos. 1 and 2 for the following reasons: • It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 32-1-203(2) and Section 32-1-203(2.5), C.R.S. as follows: 1. Section 32-1-203(2) states the Board of County Commissioners shall disapprove the Service Plan unless evidence satisfactory to the Board of each of the following is presented: (a) There is sufficient existing and projected need for organized service in the area to be serviced by the proposed special district. The proposal identifies that except for the Districts and the Authority, there are currently no other governmental entities, including the County, located in the immediate vicinity of the Districts that consider it desirable, feasible or practical to undertake the planning, design, acquisition, construction, installation, relocation, redevelopment, financing, and operations and maintenance of the Public Improvements needed for the Development. The utilization of the Districts is necessary in order for the Public Improvements required for the Development to be provided in the most economic manner possible. (b) The existing service in the area to be served by the proposed special district is inadequate for present and project needs. The applicant has indicated in their application that except for the Districts and the Authority, there are currently no other governmental entities, including the • County, located in the immediate vicinity of the Districts that consider it desirable, feasible or practical to undertake the planning, design, acquisition, construction, Beebe Draw Farms Metropolitan District 1 and 2 Page 2 of 9 installation, relocation, redevelopment, financing, and operations and maintenance of the Public Improvements needed for the Development. The • utilization of the Districts is necessary in order for the Public Improvements required for the Development to be provided in the most economic manner possible. The Board of Directors of each of District No. 1 and District No. 2 have determined that it is in the best interests of the existing residents and the owner of the vacant land, REI Limited Liability Company (the "Developer") that the Consolidated Service Plan be amended and restated. This Amended and Restated Consolidated Service Plan (the "Service Plan") is necessary to provide for changes in the structure and relationships between the Districts. The Districts intend to enter into the Beebe Draw Farms Authority Establishment Agreement (the "AEA") which will establish the Authority, as hereafter defined. The AEA will establish processes for financing the operations and maintenance of the Existing Public Improvements as well as financing, constructing, and operating and maintaining the Additional Public Improvements, and the establishment of operations and maintenance budgets and operating mill levies (including a capital component) for the existing and planned Public Improvements. Central Weld County Water District has an established Service Agreement between the District and Beebe Draw Farms and Equestrian Center PUD. (c) The proposed special district is capable of providing economical and sufficient service to the area within its proposed boundaries. • The referral dated December 14, 2009, addresses the concerns of Don Warden, Director of Finance, Mr. Warden states, "The Financial Plan data presented and prepared by D.A. Davidson and Co. appears to be reasonable and demonstrates that the Financial Plan is feasible. Due to the significance of the oil and gas assessed value for the districts' property tax revenues I have also reviewed the backup information in addition to the financial information present in the plan on the projection of the oil and gas assessed valuations that are included in the Financing Plan. While long term projection of oil and gas assessed values is difficult due to the volatility of oil and gas prices and production the data presented seems to have reasonable assumptions and projections. The County's objective in approving the amended service plans for the districts is to authorize the districts to provide revenues to the Authority for the purposes authorized by the AEA. All debt issued by District No. 2 is expected to be repaid by development fees and taxes imposed and collected for no longer than the maximum debt mill levy imposition term and at a mill levy no higher than the District No. 2 mill levy cap (50 mills with some stated adjustment provisions). Debt which is issued within these parameters 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. The plan also provides that in no case shall the mill levies imposed by the districts for debt service and operations and maintenance functions exceed their respective mill levy caps. The amended plans appear to meet this objective and is consistent and in compliance with Weld County Code Section 2-14-20 (H). The maximum debt mill levy imposition • term is consistent and in compliance with Weld County Code Section 2-14-30." Beebe Draw Farms Metropolitan District 1 and 2 Page 3 of 9 (d) The area to be included in the proposed special district has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. • The referral dated December 14, 2009 addresses the concerns of Don Warden, Director of Finance. Mr. Warden states "Based upon the amended service plans presented I have no objections to the service plans and believe the amended plans are consistent with the County's objective to resolve many of the past issues and lay out a reasonable plan for the future development that will be in the best interest of the existing residents, owners of vacant land, and the developer. Therefore, I would recommend approve of the Beebe Draw Farms Metropolitan Districts 1 & 2 Amended Service Plans." 2. Section 32-1-203(2.5) states "the Board of County Commissioners may disapprove the service plan if evidence satisfactory to the Board of any of the following, at the discretion of the Board, is not permitted:" (a) Adequate service is not, or 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. The applicant has indicated in their application that there are no other governmental agencies in existence within the area which have the legal and financial ability to undertake the financing, design, and completion of the public improvements needed to serve the Beebe Draw Farms Development. The Board of Directors of each of District No. 1 and District No. 2 have • determined that it is in the best interests of the existing residents and the owner of the vacant land, REI Limited Liability Company (the "Developer") that the Consolidated Service Plan be amended and restated. This Amended and Restated Consolidated Service Plan (the "Service Plan") is necessary to provide for changes in the structure and relationships between the Districts. The Districts intend to enter into the Beebe Draw Farms Authority Establishment Agreement (the "AEA") which will establish the Authority, as hereafter defined. The AEA will establish processes for financing the operations and maintenance of the Existing Public Improvements as well as financing, constructing, and operating and maintaining the Additional Public Improvements, and the establishment of operations and maintenance budgets and operating mill levies (including a capital component) for the existing and planned Public Improvements. Central Weld County Water District has an established Service Agreement between the District and Beebe Draw Farms and Equestrian Center PUD. The Board of County Commissioners approved the Law Enforcement Agreement between the Weld County Sheriff and the Beebe Draw Law Enforcement District Authority on December 14, 2009. (b) The facility and service standards of the proposed special district are compatible with the facility and service standards of each county within which the proposed special district is to be located and each municipality which is an interested party under Section 32-1-204(1). • Beebe Draw Farms Metropolitan District 1 and 2 Page 4 of 9 Service levels and facilities of the Districts would likely match those of the County. The Board of County Commissioners approved the Law Enforcement Agreement between the Weld County Sheriff and the Beebe Draw Law Enforcement District Authority on December 14, 2009. (c) The proposal is in substantial compliance with a master plan adopted pursuant to Section 30-28-106, C.R.S. The proposed Amended and Restated Consolidated Service Plan is in conformance with Chapter 22, Article XIV of the Weld County Code. (d) The proposal is in substantial compliance with any duly adopted county, regional, or state long range water quality management plan for the area. Section 22-4-30.F, WA.Goal 6, states "Development should occur in areas where adequate water quantity and quality is currently available or reasonably obtainable;" and Section 22-4-30.D, WA.Goal 4, states, "Strive to address the quality of all water bodies as outlined in the State and Federal Water Quality Standards. The Development is serviced by Central Weld County Water District. As a management agency, the County has a responsibility to exercise land use authority based on water quality considerations. This responsibility is partly fulfilled by evaluating water quality considerations associated with land use proposals in accordance with the standards set forth in this Chapter and Chapters 23 and 24 of this Code." • (e) The creation of the proposed special district will be in the best interests of the area proposed to be served. The Districts are independent units 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, their 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 (see Section X below). It is intended that the Districts, through the AEA, will provide for the financing, design, acquisition, construction, and operations and maintenance of a part or all of the Public Improvements for the use and benefit of all anticipated inhabitants and taxpayers of the Districts. The primary functions of the Districts will be to provide funding to the Authority for all the purposes set forth in the AEA until the consolidation of the Districts or the dissolution of District No. 2 as provided in Section V.A.8 below. The Authority will provide for the ongoing operations and maintenance of any Public Improvements that are not dedicated to the County, the Central Weld County Water District ("Water District") or another jurisdiction through revenue generated from the operations mill levy imposed by both Districts. This Service Plan has been prepared in accordance with Article XIV of Chapter 2 of the County Code. The Public Works Department in their referral dated December 18, 2009 approves of the formation of the Amended and Restated Consolidated Service Plan for the Beebe Draw Farms Metropolitan District Nos. 1 and 2. • Beebe Draw Farms Metropolitan District 1 and 2 Page 5 of 9 Further, Section 22-3-40.A, P.Goal 1, states, "Promote efficient and cost-effective delivery of public facilities and services. Section 22-3-50.A.1, P.Policy 1.1, • states, "Encourage consolidation of public facilities or services and coordination between providers, to avoid duplication of costs and promote efficiency;" and Section 22-4-30.f, WA.Goal 6, states, "Development should occur in areas where adequate water quantity and quality is currently available or reasonably obtainable, and Section 22-4-30.F.1, WA.Policy 6.1, states, "Policy applications for proposed development will assess currently available or reasonably obtainable water quantity and quality." The proposed Service Plan and special district will be in the best interests of the area proposed to be served and are in the interest of Weld County. 3. Section 2-14-10 of the Weld County Codes states, "The County establishes the following as its policy for the review and approval or disapproval of Service Plans, including any amendment thereof, for Metropolitan Districts and other Title 32 Special Districts." (a) The County generally accepts the formation of districts where it is demonstrated the formation of a district is needed to provide public services or facilities to local development and will result in benefits to existing or future residents of the County and the District. (Section 2-14-10.8) As indicated above, and based upon the amended service plans presented I have no objections to the service plans and believe the amended plans are consistent with the county's objective to resolve many of the past issues and lay out a reasonable plan for the future development that will be in the best interest • of the existing residents, owners of vacant land, and the developer. Therefore, Weld County would recommend the approval of the Beebe Draw Farms Metropolitan Districts 1 & 2 Amended Service Plans. (b) The Service Plan shall enumerate and describe all powers requested on behalf of the district. Demonstration of the need or benefit of each power is required. Powers which are not clearly needed will not be approved in the service plan. (Section 2-14-20.C) As previously discussed, the need for urban-level services has been adequately demonstrated. (c) Any Intergovernmental Agreement which is 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 the Service Plan, along with supporting rationale. The Service Plan shall provide that execution of intergovernmental agreements by the District that are not described in the Service Plan shall require 45 day notice publication and written notice to the County pursuant to Section 32-1-207(3)(b), C.R.S. (Section 2-14-20.D) All intergovernmental and extraterritorial service agreements must be for facilities, services and agreements lawfully authorized to be provided by the Districts, 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 Districts may • enter into additional intergovernmental and private agreements to better ensure long-term provision of the Public Improvements identified herein. Agreements Beebe Draw Farms Metropolitan District 1 and 2 Page 6 of 9 may also be executed with property owner associations and other service providers. Central Weld County Water District may request an updated • intergovernmental agreement with the Metropolitan District. The proposed Plan does state that any other intergovernmental agreements not mentioned in the Services Plan shall require the approval of the County in compliance with Section 2-14-20.D of the Weld County Code, with 45 days Notice. (d) The Service Plan shall include the description of any planned inclusion into, or exclusion of property from, the District's boundaries. The Service Plan shall provide that inclusions or executions by the District that are not described in the Service Plan shall require 45 day notice publication and written notice to the County pursuant to Section 32-1-207(3)(b), C.R.S. (Section 2-14-20. E) The proposed Plan states written notice will be provided to the County pursuant to Section 32-1-207(3)(b), C.R.S., of any action or activity which the District believes is permitted by the Service plan but which may be unclear or with may result in a material change of the Primary Infrastructure Plan (PIP) pursuant to Section 2-14-20.E of the Weld County Code. (e) The Service Plan shall describe any planned extraterritorial service agreement. The Service Plan shall provide that any extraterritorial service agreements by the District that are not described in the Service Plan shall require 45 day notice publication and written notice to the County pursuant to Section 32-1-207(3)(b), C.R.S. (Section 2-14-20.F) • The Plan as proposed does not intend to furnish services or facilities outside of its boundaries, except as authorized in the service plan or by intergovernmental agreement in compliance with Section 2-14-20.F of the Weld County Code. The District's failure to comply with Section 2-14-20.F of the Weld County Code prior to providing any exterritorial services shall be considered a material modification of the service plan. (f) The Service Plan shall outline any anticipated plans or needs for the exercise, by the District, of its power of eminent domain. The Service Plan will contain language limiting the use of the District's power of eminent domain to carry out the District's essential functions and services as well to implement the intent of the "Primary Infrastructure Plan" as defined in the Model Service Plan described in Section 2-14-60. The use of eminent domain will be undertaken strictly in compliance with State laws. The Service Plan shall provide that use of eminent domain or change in the Primary Infrastructure Plan by the District not described in the Service Plan shall require 45 day notice publication and written notice to the County pursuant to Section 32-1-207(3)(b), C.R.S. (Section 2-14-20.G) The proposed Plan states that the District's exercise of the statutory power of eminent domain shall constitute a material modification of the Service Plan and shall require the Approval of the County in accordance with Section 2-14-20.G of the Weld County Code. • Beebe Draw Farms Metropolitan District 1 and 2 Page 7 of 9 (g) The Service Plan shall restrict the District's debt service mill levy authorization to 50 mills (the "Debt Service Mill Levy Cap'). The Service Plan shall restrict the District's total aggregate mill levy (debt service mill levy plus operations and maintenance mill levy) to sixty-five (65) mill (the `Aggregate Mill Levy Cap'). (Section 2-14-20.H) The proposed Plan identifies a Mill Levy Cap that is no greater than 50 mills, for debt service and for operations and maintenance costs. (h) The Service Plan shall require that 30 days prior to an election thereon, proposed ballot questions for a formation election, debt authorization, or de-Brucing will be submitted to Weld County for filing and review. Weld County shall have the right to object to any ballot questions not in compliance with the Service Plan as a major modification of the District's Service Plan pursuant to Section 32-1- 207(3)(a), C.R.S. (Section 2-14-20.J) The Service Plan states that, "All ballot questions authorizing indebtedness will be filed with the County no later than 30 days before any election held therefore in accordance with Section 2-14-20.J of the Weld County Code." (i) It is the intent of Weld County that "citizen/resident" control of Districts be encouraged to occur as early as possible. (Section 2-14-40.A) As currently proposed, the Service District boundaries are coterminous with the boundaries of the Beebe Draw Farms and Equestrian Center Development. The • District will contain all of the land within the Beebe Draw Farms and Equestrian Center PUD Development. 0) The Service Plan shall provide for the dissolution of the District after the District's debts and financial obligations are fully defeased and the District has completed all of its operations and maintenance responsibilities. A district with long-term, on-going operations and maintenance will not be obligated to dissolve. However, the Service Plan must provide that in the event said obligations are someday undertaken by another party, or are otherwise no longer the responsibility of the District, it shall be required to dissolve. (Section 2-14-50) The Service Plan states the following, "The Districts will initiate consolidation proceedings contemporaneously with the repayment of District No. 2's Debt. The Authority will also terminate at the time of consolidation, and all assets of the Authority will be transferred to the consolidated district. In the event the Districts do not consolidate, District No. 2 will initiate dissolution proceedings upon the written request of the County. Except as described herein, the Districts shall not file a request with any court to consolidate with any other Title 32 districts without the prior written consent of the County. The District will not be dissolved, however, without first complying with the provisions of Section 2-14-50 of the Weld County Code. As discussed, the Amendment to and Restatement to the Consolidated Service Plan for Beebe Draw Farms Metropolitan District Nos. 1 and 2 request is scheduled to be heard by the • Planning Commission on January 5, 2010, at 1:30 p.m. The hearing will take place at the Greeley Planning Office hearing room, 918 Tenth Street, Greeley. Beebe Draw Farms Metropolitan District 1 and 2 Page 8 of 9 This letter and recommendation will be forwarded to the Weld County Planning Commission as the basis of their deliberation. If you have any questions about this staff analysis or County comments, please do not hesitate to call me at 970-353-6100, ext. 3549. Sincerely, Kim Planning Services ec: Bruce Barker,County Attorney T.Jiricek, Director of Planning Services Don Warden, Director of Finance and Administration M. Mika,Director of Administration D. Bauer, Public Works File: Beebe Draw Farms • S Beebe Draw Farms Metropolitan District 1 and 2 Page 9 of 9 a;vr, • lDEPARTMENT OF PLANNING SERVICES Ce treet 91Y8 10OTH S631 GREELEY, CO 80631 COLORADO PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 December 19, 2009 Kristen J. Bowers McGeady Sisneros, P.C. 450 E 17th Ave, Ste 400 Denver CO 80203-1214 Subject: 2009-XX - Request for an Amended and Restated Consolidated Service Plan for • Beebe Draw Farms Metropolitan District No. 1 and Beebe Draw Farms Metropolitan District No. 2 on a parcel of land described as of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request above are being processed. With receipt of the referrals from impacted agencies, staff will forward a copy of the referral for your records. It is anticipated that the Department's recommendation will be provided end of December 2009. The Planning Commissioners hearing date is 1:30 P.M. in the Commissioner's hearing room 918 Tenth Street, Greeley, Colorado, telephone number 970-353-6100 extension 3540. If you have questions concerning this application, please call. Respectfully, Kim Ogle Planner • 9 LexisNexis(TM)CD Page 1 of 1 • • Document 1 of 1 Source: Colorado Statutes/TITLE 32 SPECIAL DISTRICTS/SPECIAL DISTRICT ACTIARTICLE 1 SPECIAL DISTRICT PROVISIONS/PART 2 CONTROL ACT/32-1-201.Applicability. 32-1-201.Applicability. This part 2 shall be applicable to any petition for the organization of any proposed special district filed in any district court of competent jurisdiction, except where a petition for the organization of a special district confined exclusively within the boundaries of any existing municipality has been approved by a resolution of the governing body of the municipality. Source: L.81: Entire article R&RE,p. 1547, § 1,effective July 1. Editor's note: This section was contained in an article that was repealed and reenacted in 1981.Provisions of this section,as it existed in 1981,are similar to those contained in 32-1-203 as said section existed in 1980,the year prior to the repeal and reenactment of this article. ANNOTATION Law reviews.For article,"1974 Land Use Legislation in Colorado", see 51 Den.L.J.467(1974). ©2005 by The Committee on Legal Services for the State of Colorado and Matthew Bender&Company, Inc.,a member of the LexisNexis Group.All rights reserved. Use of this product is subject to the restrictions and terms and conditions of the Matthew Bender Master Agreement. • • http://198.187.128.12/mbPrint44I477c1.htm 1/10/2006 LexisNexis(TM)CD Page 1 of 3 • Document 1 of 1 Source: Colorado Statutes/TITLE 32 SPECIAL DISTRICTS/SPECIAL DISTRICT ACT/ARTICLE 1 SPECIAL DISTRICT PROVISIONS/PART 2 CONTROL ACT/32-1-202.Filing of service plan required-report of filing-contents-fee. 32-1-202. Filing of service plan required- report of filing-contents-fee. (1) Persons proposing the organization of a special district, except for a special district which is contained entirely within the boundaries of a municipality and subject to the provisions of section 32-1- 204.5, shall submit a service plan to the board of county commissioners of each county which has territory included within the boundaries of the proposed special district prior to filing a petition for the organization of the proposed special district in any district court. Such service plan shall be filed with the county clerk and recorder for the board of county commissioners at least ten days prior to a regular meeting of the board of county commissioners, the division, and the state auditor. Within five days after the filing of any such service plan, the county clerk and recorder, on behalf of the board of county commissioners, shall report to the division of local government in the department of local affairs on forms furnished by said division the name and type of the proposed special district for which the service plan has been filed. If required by county policy adopted pursuant to the procedure provided in section 30-28-112, C.R.S., the service plan shall be referred to the planning commission which shall consider and make a recommendation on the service plan to the board of county commissioners within thirty days after said plan was filed with the county clerk and recorder. At the next regular meeting of the board of county commissioners which is held at least ten days after the final planning commission action on the service plan, the board of county commissioners shall set a date within thirty days of such meeting for a public hearing on the service plan of the proposed special district. The board of county commissioners shall provide written notice of the date, time, and location of such hearing to the division of local government. The board may continue the hearing for a period not to exceed thirty days unless the • proponents of the special district and the board agree to continue the hearing for a longer period. (2)The service plan shall contain the following: (a)A description of the proposed services; (b) A financial plan showing how the proposed services are to be financed, including the proposed operating revenue derived from property taxes for the first budget year of the district,which shall not be materially exceeded except as authorized pursuant to section 32-1-207 cr 29-1-302, C.R.S. All proposed indebtedness for the district shall he displayed together with a schedule indicating the year or years in which the debt is scheduled to be issued. The board of directors of the district shall notify the board of county commissioners or the governing body of the municipality of any alteration or revision of the proposed schedule of debt issuance set forth in the financial plan. (c) A preliminary engineering or architectural survey showing how the proposed services are to be provided; (d) A map of the proposed special district boundaries and an estimate of the population and valuation for assessment of the proposed special district; (c) A general description of the facilities to he constructed and the standards of such construction, including a statement of how the facility and service standards of the proposed special district arc compatible with facility and service standards of any county within which all or any portion of the proposed special district is to be located, and of municipalities and special districts which are interested littp://198.187.128.12/mbPrint/497d1cd.htm 1/10/2006 • 1..exisNexis(TM)CD Page 2 of 3 • • parties pursuant to section 32-1-204 (1); (f)A general description of the estimated cost of acquiring land,engineering services,legal services, administrative services, initial proposed indebtedness and estimated proposed maximum interest rates and discounts,and other major expenses related to the organization and initial operation of the district; (g) A description of any arrangement or proposed agreement with any political subdivision for the performance of any services between the proposed special district and such other political subdivision, and,if the form contract to be used is available, it shall be attached to the service plan; (h) Information, along with other evidence presented at the hearing, satisfactory to establish that each of the criteria set forth in section 32-1-2O3,if applicable,is met; (i) Such additional information as the board of county commissioners may require by resolution on which to base its findings pursuant to section 32-1-203; (j)For a mental health care service district,any additional information required by section 32-17-107 (2)that is not otherwise required by paragraphs(a)to(i)of this subsection(2). (2.1) No service plan shall be approved if a petition objecting to the service plan and signed by the owners of taxable real and personal property, which property equals more than fifty percent of the total valuation for assessment of all taxable real and personal property to be included in such district,is filed with the board of county commissioners no later than ten days prior to the hearing under section 32-1- 204, unless such property has been excluded by the board of county commissioners under section 32-1- 203(3.5). • (3) Each service plan filed shall be accompanied by a processing fee set by the board of county .7,r., commissioners not to exceed five hundred dollars, which shall be deposited into the county general eu_t fund; except that the hoard of county commissioners may waive such fee. Such processing fee shall be Cif utilized to reimburse the county for reasonable direct costs related to processing such service plan and the hearing prescribed by section 32-1-204, including the costs of notice, publication, and recording of testimony. If the board of county commissioners determines that special review of the service plan is required, the hoard may impose an additional fee to reimburse the county for reasonable direct costs related to such special review. If the board imposes such an additional fee, it shall not he less than five hundred dollars,and it shall not exceed one one-hundredth of one percent of the total amount of the debt to he issued by the district as indicated in the service plan or the amended service plan or ten thousand dollars,whichever is less.The board may waive all or any portion of the additional fee. (4) In the case of a proposed health service district, submission to the board of county commissioners by the petitioners of a license or certificate of compliance or evidence of a pending application for a license or certificate of compliance issued by the department of public health and environment shall constitute compliance with subsection(2)of this section. Source: L. 81: Entire article R&RE,p. 1547, § 1, effective July 1. L. 82: (1)amended,p. 491, § 1, effective February 19. L. 85: (1) amended,(2)R&RE, and (4) added, pp. 1O98, 1099, §§ 1-3, effective May 3; (2.1) added, p. 1104, § 1, effective July 1. L. 86: (2)(b) amended, p. 1O3O, § 13, effective January 1, 1987. L.90: (3)amended,p. 1452, § 1O,effective July I. L.91: (1),(2)(b),and(3)amended, p. 781,§3,effective June 4. L.94: (4)amended,p.2802, § 566,effective July I. L.96: (4)amended,p. 473, § 8,effective July 1. L.2005: (2)(j)added,p. 1035, §2,effective June 2. http://198.187.128.12/mbPrint1497d1cd.htm 1/1O/2OO6 • LexisNexis(TM)CD Page 3 of 3 • Editor's note: This section was contained in an article that was repealed and reenacted in 1981.Provisions of this section.as it existed in 1981,are similar to those contained in 32-1-204 as said section existed in 1980,the year prior to the repeal and reenactment of this article. ®2005 by The Committee on Legal Services for the State of Colorado and Matthew Bender&Company, Inc.,a member of the LexisNexis Group.All rights reserved. Use of this product is subject to the restrictions and terms and conditions of the Matthew Bender Master Agreement. • • latp://198.187.128.12/mbPrint/497(11cd.htm 1/10/2006 LexisNexis(TM)CD Page I of 2 Document 1 of 1 Source: Colorado Statutes/TITLE 32 SPECIAL DISTRICTS/SPECIAL DISTRICT ACT!ARTICLE 1 SPECIAL DISTRICT PROVISIONS/PART 2 CONTROL ACT/32-1-203.Action on service plan-criteria. 32-1-203. Action on service plan-criteria. (1) The board of county commissioners of each county which has territory included within the proposed special district, other than a proposed special district which is contained entirely within the boundaries of a municipality, shall constitute the approving authority under this part 2 and shall review any service plan filed by the petitioners of any proposed special district.With reference to the review of any service plan,the hoard of county commissioners has the following authority: (a)To approve without condition or modification the service plan submitted; (b)To disapprove the service plan submitted; (c) To conditionally approve the service plan subject to the submission of additional information relating to or the modification of the proposed service plan. (2) The board of county commissioners shall disapprove the service plan unless evidence satisfactory to the board of each of the following is presented: (a)There is sufficient existing and projected need for organized service in the arca to be serviced by the proposed special district. • (b) The existing service in the arca to be served by the proposed special district is inadequate for present and projected needs. (c)The proposed special district is capable of providing economical and sufficient service to the area within its proposed boundaries. (d)The arca to he included in the proposed special district has,or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. (2.5)The board of county commissioners may disapprove the service plan if evidence satisfactory to the board of any of the following,at the discretion of the board,is not presented: (a) Adequate service is not, or 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. (b)The facility and service standards of the proposed special district are compatible with the facility and service standards of each county within which the proposed special district is to be located and each municipality which is an interested party under section 32-1-204(1). (c)The proposal is in substantial compliance with a master plan adopted pursuant to section 30-28- 106,C.R.S. • http://198.187.128.12/mbPrinti4a13d28.htm 1/10/2006 LexisNexis(TM)CI) Page 2 of 2 • • (d)The proposal is in compliance with any duly adopted county,regional,or state long-range water quality management plan for the area. (e)The creation of the proposed special district will be in the best interests of the area proposed to he served. (3) The board of county commissioners may conditionally approve the service plan of a proposed special district upon satisfactory evidence that it does not comply with one or more of the criteria enumerated in subsection(2)of this section.Final approval shall be contingent upon modification of the service plan to include such changes or additional information as shall be specifically stated in the findings of the board of county commissioners. (3.5)The board of county commissioners may exclude territory from a proposed special district prior to approval of the service plan submitted by the petitioners of a proposed special district.The petitioners shall have the burden of proving that the exclusion of such property is not in the best interests of the proposed special district. Any person owning property in the proposed special district who requests that his property be excluded from the special district prior to approval of the service plan shall submit such request to the board of county commissioners no later than ten days prior to the hearing held under section 32-1-204,but the board of county commissioners shall not he limited in its action with respect to exclusion of territory based upon such request. Any request for exclusion shall be acted upon before final action of the county commissioners under section 32-1-205. (4)The findings of the board of county commissioners shall be based solely upon the service plan and evidence presented at the hearing by the petitioners,planning commission,and any interested party. (5) In the case of a proposed health service district, submission to the board of county • commissioners by the petitioners of a license or certificate of compliance or evidence of a pending application for a license or certificate of compliance issued by the department of public health and environment shall constitute compliance with subsections(2)and(2.5)of this section. Source: L. 81: Entire article R&RE, p. 1548, § 1,effective July I. L. 85: (t) amended, (2) R&RE, and (2.5) and (5) added, pp. 1099, 1100, §§ 4, 5, effective May 3; (3.5) added, p. 1104, § 2, effective July 1. L. 94: (5) amended, p. 2802, § 567, effective July 1. L. 96: (5)amended,p. 473, § 9, effective July 1. Editor's note:This section was contained in an article that was repealed and reenacted in 1981 Provisions of this section,as it existed in 1981,were contained in several sections in 1980, the year prior to the repeal and reenactment of this article.For a detailed comparison,see the table located in the back of the index. ©2005 by The Committee on Legal Services for the State of Colorado and Matthew Bender&Company,Inc.,a member of the LexisNexis Group.All rights reserved. Use of this product is subject to the restrictions and terms and conditions of the Matthew Bender Master Agreement. • http://198.187.128.12/mbPrintl4a13d28.htm 1/10/2006 LexisNcxis(TM)Cl) Page 1 of 2 • Document 1 of 1 Source: Colorado Statutes/TITLE 32 SPECIAL DISTRICTS/SPECIAL DISTRICT ACTARTICLE 1 SPECIAL DISTRICT PROVISIONS/PART 2 CONTROL ACT/32-1-204.Public hearing on service plan-procedures-decision. 32-1-204.Public hearing on service plan-procedures-decision. (1)The board of county commissioners shall provide written notice of the date, time,and location of the hearing to the petitioners and the governing body of any existing municipality or special district which has levied an ad valorem tax within the next preceding tax year and which has boundaries within a radius of three miles of the proposed special district boundaries, which governmental units shall be interested parties for the purposes of this part 2. The board of county commissioners shall make publication of the date, time, location, and purpose of such hearing, the first of which shall be at least twenty days prior to the hearing date. The board of county commissioners shall include in such notice a general description of the land contained within the boundaries of the proposed special district and information outlining methods and procedures pursuant to section 32-1-203 (3.5) concerning the filing of a petition for exclusion of temtory. Such publications shall constitute constructive notice to the residents and property owners within the proposed special district who shall also he interested parties at the hearing. (1.5) Not more than thirty days nor less than twenty days prior to the hearing held pursuant to this section, the petitioners for the organization of the special district shall send letter notification of the hearing to the property owners within the proposed special district as listed on the records of the county assessor on the date requested unless the petitioners represent one hundred percent of the property owners. The notification shall indicate that it is a notice of a hearing for the organization of a special district and shall indicate the date,time, location,and purpose of such hearing,a reference to the type of special district,the maximum mill levy, if any,or stating that there is no maximum that may be imposed by the proposed special district, and procedures for the filing of a petition for exclusion pursuant to section 32-1-203 (3.5). Except when no mailing is required, the mailing of the letter notification to all addresses or post office box addresses within the proposed special district shall constitute a good-faith effort to comply with this subsection (1,5), and failure to notify all electors thereby shall not provide grounds for a challenge to the hearing being held. (2) If there is a county planning commission or a regional planning commission in lieu thereof, the service plan submitted by the petitioners for the organization of the proposed special district shall he delivered by the county clerk and recorder to such planning commission. The county planning commission or regional planning commission shall study such service plan and present its recommendations consistent with this part 2 to the board of county commissioners within thirty days following the filing of the service plan with the county clerk and recorder. (3)The hearing held by the board of county commissioners shall be open to the public,and a record of the proceedings shall he made. All interested parties as defined in this section shall he afforded an opportunity to be heard under such rules of procedure as may be established by the board of county commissioners. Any testimony or evidence which in the discretion of the board of county commissioners is relevant to the organization of the proposed special district shall be considered. (4)Within twenty days after the completion of the hearing, the board of county commissioners shall advise the petitioners for the organization of the proposed special district in writing of its action on the service plan. If the service plan is approved as submitted,a resolution of approval shall be issued to the petitioners. If the service plan is disapproved, the specific detailed reasons for such disapproval shall be http://198.187.128.12/mbPrinti4b5075cb.htm 1/10/2006 LcxisNexis(TM)CD Page 2 of 2 . set forth in writing. If the service plan is conditionally approved, the changes or modifications to be made in, or additional information relating to, the service plan, together with the reasons for such changes,modifications, or additional information, shall also be set forth in writing, and the proceeding shall be continued until such changes, modifications, or additional information is incorporated in the service plan. Upon the incorporation of such changes, modifications, or additional information in the service plan of the proposed special district, the board of county commissioners shall issue a resolution of approval to the petitioners. Source: L. 81: Entire article R&RE, p. 1549, § 1,effective July 1. L.85: (1.5)added,p. 1106, § 1, effective January 1, 1986. L. 91: (1), (1.5),and (2)amended, p. 782, § 4, effective June 4. L. 96: (1.5) amended,p. 309,§7,effective April 15. Editor's note: This section was contained in an article that was repealed and reenacted in 1981.Provisions of this section,as it existed in 1981,are similar to those contained in 32-1-208 as said section existed in 1980,the year prior to the repeal and reenactment of this article. For a detailed comparison, see the table located in the back of the index. ©2005 by The Committee on Legal Services for the State of Colorado and Matthew Bender&Company,Inc.,a member of the LexisNexis Group.All rights reserved. Use of this product is subject to the restrictions and terms and conditions of the Matthew Bender Master Agreement. • • http:/119$.187.128.12/mhPrint'4b507_5cb.htm 1/10/2006 LexisNexis(TM)CD Page 1 of I • Document 1 of 1 Source: Colorado Statutes/TITLE 32 SPECIAL DISTRICTS/SPECIAL DISTRICT ACT;ARTICLE 1 SPECIAL DISTRICT PROVISIONS/PART 2 CONTROL ACT/32-1-204.5.Approval by municipality. 32-1-204.5.Approval by municipality. (1)No special district shall be organized if its boundaries arc wholly contained within the boundaries of a municipality or municipalities, except upon adoption of a resolution of approval by the governing body of each municipality.The information required and criteria applicable to such approval shall be the information required and criteria set forth in sections 32-1-202 (2) and 32-1-203 (2). With reference to the review of any service plan,the governing body of each municipality has the following authority: (a)To approve without condition or modification,the service plan submitted; (b)To disapprove the service plan submitted; (c) To conditionally approve the service plan subject to the submission of additional information relating to,or the modification of, the proposed service plan or by agreement with the proponents of the proposed service plan. (2) In the case of a proposed health service district, submission to the governing body of the municipality of a license or certificate of compliance or evidence of a pending application for a license or certificate of compliance issued by the department of public health and environment shall constitute compliance with the requirements of sections 32-1-202 (2) and 32-1-203 (2) and (2.5) as required by subsection(1)of this section. • Source: L. 85: Entire section added, p. 1101, § 6, effective May 3. L. 94: (2) amended,p. 2802, § 568,effective July 1. L.96: (2)amended,p. 473, § 10,effective July 1. O 2005 by The Committee on Legal Services for the State of Colorado and Matthew Bender&Company,Inc.,a member of the lexisNexis Group.All rights reserved.Use of this product is subject to the restrictions and terms and conditions of the Matthew Bender Master Agreement. • http://198.187.128.12/mbPrinti4ba8636a.htm 1/10/2006 LexisNcxis(TM)CD Page 1 of 1 Document 1 of 1 Source: Colorado Statutes/TITLE 32 SPECIAL DISTRICTS/SPECIAL DISTRICT ACTARTICLE 1 SPECIAL DISTRICT PROVISIONS/PART 2 CONTROL ACT/32-1-204.7.Approval by an annexing municipality. 32-1-204.7.Approval by an annexing municipality. (1) If a special district that was originally approved by a board of county commissioners becomes wholly contained within the boundaries of a municipality or municipalities by annexation or boundary adjustment, the governing body of the special district may petition the governing body of any such municipality to accept a designation as the approving authority for the special district. The municipality may accept the designation through the adoption of a resolution of approval by the governing body of the municipality. (2) Upon the adoption of the resolution by the governing body of any municipality pursuant to subsection (1) of this section, all powers and authorities vested in the board of county commissioners pursuant to this article shall be transferred to the governing body of the municipality, which shall constitute the approving authority for the special district for all purposes under this article. Source:L.2003: Entire section added,p. 1315,§ 2, effective August 6. ®2005 by The Committee on Legal Services for the Stale of Colorado and Matthew Bender&Company,Inc.,a member of the LexisNexis Group.All rights reserved.Use of this product is subject to the restrictions and terms and conditions of the Matthew Bender Master Agreement. • http://198.187.128.12/mbPrint'4c037b05.htm 1/10/2006 LexisNexis(TM)CD Page I of 1 • Document 1 of 1 Source: Colorado Statutes/TITLE 32 SPECIAL DISTRICTS/SPECIAL DISTRICT ACTiARTICLE 1 SPECIAL DISTRICT PROVISIONS/PART 2 CONTROL ACT/32-1-205.Resolution of approval required. 32-1-205.Resolution of approval required. (1) A petition for the organization of a special district filed in any district court of competent jurisdiction pursuant to the provisions of section 32-1-301 shall be accompanied by a resolution approving the service plan of the proposed special district by the board of county commissioners of each county where the territory of the proposed special district lies or,where required pursuant to section 32- 1-204.5,by a resolution of approval by the governing body of each municipality. If the boundaries of a proposed special district include territory within two or more counties, a resolution approving the service plan for such special district shall he required from the board of county commissioners of each county which has territory included in the proposed special district; but the board of county commissioners of each of the respective counties, in their discretion, may hold a joint hearing on the proposed special district in accordance with section 32-1-204. (2) Except as provided in section 32-1-206, no petition for the organization of a special district shall he considered by any court in this state without the resolution of approval and the service plan required by this part 2. The approved service plan and the resolution of approval required by this part 2 shall be incorporated by reference in and appended to the order establishing the special district after all other legal procedures for the organization of the proposed special district have been complied with. Source: L. 81: Entire article R&RE,p. 1550, § I, effective July 1. L. 85:(1)amended, p. 1101, § 7, effective May 3. L.91: (1)amended,p.783, § 5,effective June 4. • Editor's note: This section was contained in an article that was repealed and reenacted in 1981.Provisions of this section, as it existed in 1981,are similar to those contained in 32-1-206 and 32-1-209(1)as said sections existed in 1980,the year prior to the repeal and reenactment of this article. ANNOTATION Change from sanitation district to metropolitan district is organization of a new and different special district,not just a mechanical name change.Therefore,approval of the service plan for new district is required by the boards of county commissioners of all counties within the district's boundaries. In re Organization of Upper Bear Creek.882 P.2d 61 (Colo.App. 1983),affd on other grounds, 715 P.2d 799(Colo. 1986). Authority of city council to approve initial petition for formation of quasi-municipal corporation does not constitute unconstitutional delegation of power because such authority constitutes an exercise of city's police power, which includes implied standard of"reasonableness", and additional procedural steps exist pursuant to this ad before such district may be formed.State Farm v.City of Lakewood, 788 P.2d 808(Colo. 1990)(decided under law n effect prior to 1985 amendment). Ci 2005 by The Committee on Legal Services for the State of Colorado and Matthew Bender&Company, Inc., a member of the LexisNexis Group.All rights reserved. Use of this product is subject to the restrictions and terms and conditions of the Matthew Bender Master Agreement. • http://198.187.128.12/mbPrint/4ce54c0d.him 1/10/2006 Hello