HomeMy WebLinkAbout20080172.tiff GRIMSHAW& HARKING
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
WELLSUITE
FARGO CENTER 1„ MERITAS
R ITA S
1700 LINCOLN STREET uw FIRMS WORLDWIDE
DENVER,COLORADO 80203-4538
TELEPHONE (303)839-3800
TELECOPIER(303)839-3838
wwm.ORIMSEUW IuRRIRG.UOM
Susan J. Schledorn sjs@grimshawharring.com
303-839-3912 www.grimshawharring.com
December 19, 2007
VIA CERTIFIED MAIL - RETURN RECEIPT VIA CERTIFIED MAIL - RETURN RECEIPT
REQUESTED - 7006 0100 0005 0743 6441 REQUESTED -7006 0100 0005 0743 6458
Board of County Commissioners David Swafford
Weld County Colorado Department of Regulatory Agencies
P. O. Box 758 Division of Securities
Greeley, Colorado 80632 1560 Broadway, Suite 900
Denver, Colorado 80202-5150
Re: Waterfront at Foster Lake Metropolitan District Nos. 1-3
Dear Commissioners and Mr. Swafford:
Pursuant to Section 32-1-1101.5(1), C.R.S., I am enclosing copies of the Orders and
Decree to Create District in which the Weld County District Court certifies the results of the
November 6, 2007 organizational elections of the Waterfront at Foster Lake Metropolitan
District Nos. 1-3. Please place them in the District files.
If you have any questions or need any additional information, please contact either
Marcus McAskin at (303) 839-3852 or me at (303) 839-3912. Thank you.
Sincerely,
GRIMSHAW & HARRING,
A Professional Corporation
Susan J. Schledorn
Paralegal
Enclosures
00025153.WPD/I SD() I38 �
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GRIMSHAW& ITARRING
A PROFESSIONAL CORPORATION
•
ATTORNEYS AT LAW
WELLS SUITE
CENTER TiT MERITAS
1700 LINCOLN STREET LAW FIRMS WORLDWIDE
DENVER,COLORADO 80203-4538
TELEPHONE 13031 839-3800
TELECOPIER (303) 839-3838
W W W.GRINSHAW HARRING.COM
Leslie H. Larsen Ilarsen@grimshawharring.com
303-839-3814 www.grimshawharring.com
VIA CERTIFIED MAIL -RETURN RECEIPT REQUESTED
7006 0100 0006 7682 4377
April 28, 2008
Office of the Clerk and Recorder
Recording Department
Weld County
P.O. Box 459
Greeley, Colorado 80632
Re: Waterfront at Foster Lake Metropolitan District No. 1
Dear Clerk:
I am enclosing the following documents regarding the Order and Decree approving
the organization of the Waterfront at Foster Lake Metropolitan District No. 1 :
1 . Pursuant to Sections 32-1-105 and 306, C.R.S., the certified copy of an
Order and Decree to Create District of the District Court in and for the
County of Weld, State of Colorado, entered on December 17, 2007,
approving the organization of the Waterfront at Foster Lake Metropolitan
District No. 1 has been recorded in the records of Weld County, Colorado,
on April 15, 2008 at Reception Number 3547750.
2. Pursuant to Section 32-1-105, C.R.S., Notices of Order and Decree to
Create District are to be provided by your office to the Weld County Assessor
and the State of Colorado Division of Local Government. For your
convenience and use, we have prepared two (2) Notices of Organization
of Special District each with an attached copy of the certified copy of the
Order and Decree; two (2) Certificates of Filing to certify that the Assessor
and the Division have received the Notice; two (2) return envelopes for the
return of each Certificate of Filing by the Assessor and the Division; and pre-
addressed envelopes for your use in mailing each Notice to the Assessor
00026155.WPD/PD/1
flu tit, t,Dectrt,%11, ) -� /;1 1-e)/74;r:GC-/3L-
Office of the Clerk and Recorder
April 28, 2008
Page 2
and the Division. Please review and sign the Notices, and mail one to the
Assessor and the other to the Division, along with: (1) a copy of the Order
and Decree (attached to Notice); (2) the respective Certificate of Filing; and
(3) a return envelope.
3. Certificate of Recording which we request that you review, sign, and return
to our office.
4. Certificate of Mailing which we request that you complete, sign, and return
to our office along with the Certificate of Recording. An additional self-
addressed, stamped envelope has been enclosed for this purpose.
Finally, pursuant to Section 32-1-306, C.R.S., enclosed is a copy of the District's
approved Consolidated Service Plan to be retained by your office as a public record for
public inspection.
If you have any questions concerning the enclosed documents, please call me at
(303) 839-3814. Thank you.
Sincerely,
GRIMSHAW & HARRING,
A Professional Corporation
V- Leis ie H. Larsen
Paralegal
Enclosures
00026155.WPD/1
NOTICE OF ORGANIZATION OF SPECIAL DISTRICT
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1
TO THE WELD COUNTY ASSESSOR AND THE DIVISION OF LOCAL GOVERNMENT
OF THE STATE OF COLORADO:
Pursuant to the provisions of Section 32-1-105, Colorado Revised Statutes:
NOTICE IS HEREBY GIVEN that by Order and Decree of the District Court in and
for the County of Weld and State of Colorado, entered on the 17th day of December, 2007,
and recorded in the office of the Clerk and Recorder of Weld County on the 15th day of
April, 2008, at Reception Number 3547750, the Waterfront at Foster Lake Metropolitan
District No. 1 is declared organized pursuant to the laws of the State of Colorado thereto
relating. A certified copy of the Order and Decree is attached hereto, which copy includes
a legal description of the newly organized District.
Pursuant to Section 32-1-105, C.R.S., the Clerk and Recorder shall notify the
County Assessor of such action concerning the organization, and a certified copy of this
Notice shall be filed with the Division of Local Government by the Clerk and Recorder.
Certified as of the date written below.
{ SEAL } ateMOdAti E�
SieteakaRtabRernaterc Cl',yk,
Weld County, Colorado
_ '
Date
By: Yd24
Esther Gesick, Deputy Clerk to the Board
00026173.WPD / 1
111111 IIIII !11111 IIII 11111IJ"E!/ll'1J'J!'
11111111g10 .00]0811:0.001 Steve Morenonty, CO
Clerk & Recorder
DISTRICT COURT, WELD COUNTY, COLORADO Jou
Court Address: ,,,, .,,,,, , pp _ .
901 Ninth Avenue • ;i,,,;
P. O. Box 2038
Greeley, Colorado 80632
IN RE THE ORGANIZATION OF THE WATERFRONT
AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1,
WELD COUNTY, COLORADO ACOURT USE ONLYA
Case Number:
2007 CV 822
Division: 10
ORDER AND DECREE TO CREATE DISTRICT
THIS MATTER coming for consideration by the Court, and it appearing that the election,
held on the 6th day of November, 2007, at which there was submitted the matter of the
organization of Waterfront at Foster Lake Metropolitan District No. I (the "District"), County of
Weld, State of Colorado, the election of Directors for such District, the questions necessary to
implement the provisions of Section 20 of Article X of the Colorado Constitution, and the
question necessary to implement the provisions of Section 11 of Article XVIII of the Colorado
Constitution as applied to the new special district, was duly held by the judges of election
appointed as specified in the Order of Court entered on the 12th day of October, 2007;
AND IT FURTHER appearing that the required Notice of Organizational Election was
duly published in compliance with the aforementioned Order in the Greeley Daily Tribune, a
newspaper of general circulation in the proposed District,by publication as defined in Section
32-1-103(15) and 1-5-207(2), C.R.S. as shown in the Publisher's Affidavit on file in this
proceeding, and further that written notice was duly posted at the office of the Designated
Election Official at least ten days prior to the election and until two days after the election, all in
compliance with law, and the Order of this Court; and that all of said ballots were cast at said
election by eligible electors of the proposed District who were registered to vote pursuant to the
Uniform Election Code of 1992 (parts 1 to 13 of Title I, C.R.S.), as amended, and who either
had been residents of the proposed District for not less than thirty (30) days, or who or whose
spouse own taxable real or personal property situated within the boundaries of the proposed
District, whether said person resides within the proposed District or not, or who are obligated to
pay taxes under a contract to purchase taxable property within the boundaries of the proposed
District.
That the following qualified persons were duly elected as Directors of the District for the
indicated terms following the year of organization of the District:
1
h!1UL!'LL1 !ILL"
ql"ie'iw'JL'n"J'j'j 11:
2 of 18 R 91.00 P 11.00 Steve Moreno Clerk& Recorder
NAME TERM
Nicolette M. Mills Until the next regular election following organization of the District
Bryan Horan Until the next regular election following organization of the District
Linda Sweetman-King Until the second regular election following organization of the District
David Boten Until the second regular election following organization of the District
Thomas M. Clark Until the second regular election following organization of the District
That the following ballots were cast on the question of organization of the proposed
District:
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 BALLOT
QUESTION NO. 5A
Shall the Waterfront at Foster Lake Metropolitan District No. I be organized?
BALLOT QUESTION 5A NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
That the following ballots were cast on ballot issues to implement the provisions of
Section 20 of Article X of the Colorado Constitution as applied to the new special district:
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 BALLOT
ISSUE NO. 5B:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 TAXES
BE INCREASED $400,000 ANNUALLY OR SUCH LESSER AMOUNT AS NECESSARY
TO PAY THE DISTRICT'S ADMINISTRATION AND OPERATIONS AND
MAINTENANCE EXPENSES, BY THE IMPOSITION OF AD VALOREM PROPERTY
TAXES LEVIED IN ANY YEAR, WITHOUT LIMITATION AS TO RATE OR AMOUNT OR
ANY OTHER CONDITION TO PAY SUCH EXPENSES AND SHALL THE PROCEEDS OF
SUCH TAXES AND ANY INVESTMENT INCOME THEREON BE COLLECTED,
RETAINED AND SPENT BY THE DISTRICT IN FISCAL YEAR 2008 AND IN EACH
FISCAL YEAR THEREAFTER FOR AS LONG AS THE DISTRICT CONTINUES IN
EXISTENCE, SUCH AUTHORIZATION TO CONSTITUTE A VOTER-APPROVED
REVENUE CHANGE WHICH MAY BE COLLECTED, RETAINED AND SPENT BY THE
DISTRICT WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING, OR OTHER
LIMITATION CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION, THE LIMITS IMPOSED ON INCREASES IN PROPERTY TAXATION
2
11110 IIII! 11101IIIIVIII! IIIIIVIIIIII111111111IIII
3547750 04/15/2008 11:11A Weld County, CO
3 of 18 R 91.00 & 0.00 Steve Moreno Clerk & Recorder
BY SECTION 29-1-301, C.R.S. IN ANY YEAR, OR ANY OTHER LAW WHICH PURPORTS
TO LIMIT THE DISTRICTS REVENUES OR EXPENDITURES AS IT CURRENTLY
EXISTS OR AS IT MAY BE AMENDED IN THE FUTURE, ALL WITHOUT LIMITING IN
ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED,
RETAINED AND SPENT BY THE DISTRICT?
BALLOT ISSUE 5B NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 BALLOT
ISSUE NO. SC:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 TAXES
BE INCREASED $400,000 ANNUALLY OR SUCH LESSER AMOUNT AS NECESSARY
TO PAY THE DISTRICT'S ADMINISTRATION AND OPERATIONS AND
MAINTENANCE EXPENSES, BY THE IMPOSITION OF A FEE OR FEES IMPOSED,
WITHOUT LIMITATION AS TO RATE OR AMOUNT OR ANY OTHER CONDITION TO
PAY SUCH EXPENSES AND SHALL THE PROCEEDS OF SUCH FEES AND ANY
INVESTMENT INCOME THEREON BE COLLECTED, RETAINED AND SPENT BY THE
DISTRICT IN FISCAL YEAR 2008 AND IN EACH FISCAL YEAR THEREAFTER FOR AS
LONG AS THE DISTRICT CONTINUES IN EXISTENCE, SUCH AUTHORIZATION TO
CONSTITUTE A VOTER-APPROVED REVENUE CHANGE WHICH MAY BE
COLLECTED, RETAINED AND SPENT BY THE DISTRICT WITHOUT REGARD TO ANY
SPENDING, REVENUE-RAISING, OR OTHER LIMITATION CONTAINED IN ARTICLE
X, SECTION 20 OF THE COLORADO CONSTITUTION, THE LIMITS IMPOSED ON
INCREASES IN PROPERTY TAXATION BY SECTION 29-1-301, C.R.S. IN ANY YEAR,
OR ANY OTHER LAW WHICH PURPORTS TO LIMIT THE DISTRICT'S REVENUES OR
EXPENDITURES AS IT CURRENTLY EXISTS OR AS IT MAY BE AMENDED IN THE
FUTURE, ALL WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER
REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT?
BALLOT ISSUE 5C NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 BALLOT
ISSUE NO. SD:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 TAXES
3
111111 11111111111 III 1111111111111111! III HMI III! III!
3547759 04/15;2008 11:11A Weld County, CO
4 o, 18 R 91.00 D 0.00 Steve Moreno Clerk & Recorder
BE INCREASED $15,000,000 ANNUALLY OR SUCH LESSER AMOUNT AS NECESSARY
FOR THE PAYMENT OF SUCH AMOUNTS DUE PURSUANT TO ONE OR MORE
INTERGOVERNMENTAL AGREEMENTS OR OTHER CONTRACTS, BY THE
IMPOSITION OF AD VALOREM PROPERTY TAXES LEVIED IN ANY YEAR, WITHOUT
LIMITATION AS TO RATE OR AMOUNT OR ANY OTHER CONDITION FOR THE
PAYMENT OF SUCH AMOUNTS DUE, AND SHALL THE PROCEEDS OF SUCH TAXES
AND ANY INVESTMENT INCOME THEREON BE COLLECTED, RETAINED AND
SPENT BY THE DISTRICT IN FISCAL YEAR 2008 AND IN EACH FISCAL YEAR
THEREAFTER FOR AS LONG AS THE DISTRICT CONTINUES IN EXISTENCE, SUCH
AUTHORIZATION TO CONSTITUTE A VOTER-APPROVED REVENUE CHANGE
WHICH MAY BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT WITHOUT
REGARD TO ANY SPENDING, REVENUE-RAISING, OR OTHER LIMITATION
CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, THE
LIMITS IMPOSED ON INCREASES IN PROPERTY TAXATION BY SECTION 29-1-301,
C.R.S. IN ANY YEAR, OR ANY OTHER LAW WHICH PURPORTS TO LIMIT THE
DISTRICT'S REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS OR AS IT
MAY BE AMENDED IN THE FUTURE, ALL WITHOUT LIMITING IN ANY YEAR THE
AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND
SPENT BY THE DISTRICT?
BALLOT ISSUE 5D NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 BALLOT
ISSUE NO. 5E:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 DEBT BE
INCREASED $15,000,000 WITH A REPAYMENT COST OF $45,000,000 OR SUCH
LESSER AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER
LAKE METROPOLITAN DISTRICT NO. 1 TAXES BE INCREASED $15,000,000
ANNUALLY OR SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE
PAYMENT OF SUCH DEBT AND ANY REFUNDINGS THEREOF, AT AN INTEREST
RATE THAT IS EQUAL TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE
REFUNDED DEBT, FOR THE PURPOSE OF PAYING, LEASING, FINANCING OR
REIMBURSING ALL OR ANY PART OF THE COSTS OF DESIGNING, ACQUIRING,
CONSTRUCTING, RELOCATING, INSTALLING, COMPLETING AND OTHERWISE
PROVIDING, WITHIN OR WITHOUT THE BOUNDARIES OF THE DISTRICT, STREET
IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO CURBS, GUTTERS, CULVERTS,
AND OTHER DRAINAGE FACILITIES, UNDERGROUND CONDUITS, SIDEWALKS,
TRAILS, PUBLIC PARKING LOTS, STRUCTURES AND FACILITIES, PAVING,
LIGHTING, GRADING, LANDSCAPING, BIKE PATHS AND PEDESTRIAN WAYS,
4
111111111111111111 IIII 111111 IIII 1111111 III lilt lilt lilt
3547750 04/1512008 11:11A Weld County, CO
5 of 18 R 91.00 0 0.00 Steve Moreno Clerk & Recorder
PEDESTRIAN OVERPASSES, RETAINING WALLS, FENCING, ENTRY
MONUMENTATION, STREETSCAPING, BRIDGES, OVERPASSES, UNDERPASSES,
INTERCHANGES, MEDIAN ISLANDS, IRRIGATION, AND A SAFETY PROTECTION
SYSTEM THROUGH TRAFFIC AND SAFETY CONTROLS AND DEVICES ON STREETS
AND HIGHWAYS AND AT RAILROAD CROSSINGS, SIGNALIZATION, SIGNING AND
STRIPING, AREA IDENTIFICATION, DRIVER INFORMATION AND DIRECTIONAL
ASSISTANCE SIGNS, TOGETHER WITH ALL NECESSARY, INCIDENTAL, AND
APPURTENANT FACILITIES, EQUIPMENT, LAND AND EASEMENTS AND
EXTENSIONS OF AND IMPROVEMENTS TO SUCH FACILITIES, SUCH DEBT TO BEAR
INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RATE NOT TO EXCEED 15%
PER ANNUM, SUCH INTEREST TO BE PAYABLE AT SUCH TIME OR TIMES, AND
WHICH MAY COMPOUND ANNUALLY OR SEMIANNUALLY, AND SUCH DEBT TO
MATURE, BE SUBJECT TO REDEMPTION WITH OR WITHOUT PREMIUM, AND BE
ISSUED AND SOLD AT, ABOVE OR BELOW PAR, SUCH DEBT TO BE ISSUED OR
INCURRED AT ONE TIME OR FROM TIME TO TIME, TO BE PAID FROM ANY
LEGALLY AVAILABLE REVENUES OF THE DISTRICT, INCLUDING THE PROCEEDS
OF AD VALOREM PROPERTY TAXES; SUCH TAXES TO CONSIST OF AN AD
VALOREM MILL LEVY IMPOSED ON ALL TAXABLE PROPERTY OF THE DISTRICT,
WITHOUT LIMITATION OF RATE OR AMOUNT OR WITH SUCH LIMITATIONS, ALL
OF THE ABOVE AS MAY BE DETERMINED BY THE DISTRICT BOARD OF
DIRECTORS,TO BE USED FOR THE PURPOSE OF PAYING THE PRINCIPAL OF,
PREMIUM IF ANY, AND INTEREST ON SUCH DEBT; AND SHALL THE PROCEEDS OF
ANY SUCH DEBT AND THE REVENUE FROM SUCH TAXES, ANY OTHER REVENUE
USED TO PAY SUCH DEBT, AND INVESTMENT EARNINGS THEREON, BE
COLLECTED, RETAINED AND SPENT BY THE DISTRICT AS A VOTER-APPROVED
REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING,
OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE
COLORADO CONSTITUTION, OR ANY OTHER LAW WHICH PURPORTS TO LIMIT
THE DISTRICTS REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS OR AS
IT MAY BE AMENDED IN THE FUTURE, AND WITHOUT LIMITING IN ANY YEAR
THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND
SPENT BY THE DISTRICT?
BALLOT ISSUE 5E NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. I BALLOT
ISSUE NO. 5F:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 DEBT BE
5
IIIIII Hill 1111111 111111 11111111111 III 1111111111111
3547750 04/15/2008 11:11A Weld County, CO
6 of 18 R 91.00 D 0.00 Steve Moreno Clerk & Recorder
INCREASED $15,000,000 WITH A REPAYMENT COST OF $45,000,000 OR SUCH
LESSER AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER
LAKE METROPOLITAN DISTRICT NO. 1 TAXES BE INCREASED $15,000,000
ANNUALLY OR SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE
PAYMENT OF SUCH DEBT AND ANY REFUNDINGS THEREOF, AT AN INTEREST
RATE THAT IS EQUAL TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE
REFUNDED DEBT, FOR THE PURPOSE OF PAYING, LEASING, FINANCING OR
REIMBURSING ALL OR ANY PART OF THE COSTS OF DESIGNING, ACQUIRING,
CONSTRUCTING, RELOCATING, INSTALLING, COMPLETING AND OTHERWISE
PROVIDING, WITHIN OR WITHOUT THE BOUNDARIES OF THE DISTRICT, PARKS
AND RECREATION FACILITIES, IMPROVEMENTS AND PROGRAMS, INCLUDING
BUT NOT LIMITED TO COMMUNITY PARKS, BIKE PATHS AND PEDESTRIAN WAYS,
FENCING, TRAILS, REGIONAL TRAILS,FIELDS, TOT LOTS, OPEN SPACE,
CULTURAL ACTIVITIES, COMMON AREAS, COMMUNITY RECREATION CENTERS,
TENNIS COURTS, OUTDOOR LIGHTING, EVENT FACILITIES, IRRIGATION
FACILITIES, LAKES, WATER BODIES, SWIMMING POOLS, PUBLIC FOUNTAINS AND
SCULPTURES, ART, GARDENS, LANDSCAPING, WEED CONTROL, AND OTHER
ACTIVE AND PASSIVE RECREATIONAL FACILITIES, IMPROVEMENTS AND
PROGRAMS, TOGETHER WITH ALL NECESSARY, INCIDENTAL, AND
APPURTENANT FACILITIES, EQUIPMENT, LAND, EASEMENTS AND EXTENSIONS
OF AND IMPROVEMENTS TO SUCH FACILITIES, SUCH DEBT TO BEAR INTEREST
AT A MAXIMUM NET EFFECTIVE INTEREST RATE NOT TO EXCEED 15% PER
ANNUM, SUCH INTEREST TO BE PAYABLE AT SUCH TIME OR TIMES, AND WHICH
MAY COMPOUND ANNUALLY OR SEMIANNUALLY,AND SUCH DEBT TO MATURE,
BE SUBJECT TO REDEMPTION WITH OR WITHOUT PREMIUM, AND BE ISSUED AND
SOLD AT, ABOVE OR BELOW PAR, SUCH DEBT TO BE ISSUED OR INCURRED AT
ONE TIME OR FROM TIME TO TIME, TO BE PAID FROM ANY LEGALLY AVAILABLE
REVENUES OF THE DISTRICT, INCLUDING THE PROCEEDS OF AD VALOREM
PROPERTY TAXES; SUCH TAXES TO CONSIST OF AN AD VALOREM MILL LEVY
IMPOSED ON ALL TAXABLE PROPERTY OF THE DISTRICT, WITHOUT LIMITATION
OF RATE OR AMOUNT OR WITH SUCH LIMITATIONS, ALL OF THE ABOVE AS MAY
BE DETERMINED BY THE DISTRICT BOARD OF DIRECTORS, TO BE USED FOR THE
PURPOSE OF PAYING THE PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON
SUCH DEBT; AND SHALL THE PROCEEDS OF ANY SUCH DEBT AND THE REVENUE
FROM SUCH TAXES, ANY OTHER REVENUE USED TO PAY SUCH DEBT, AND
INVESTMENT EARNINGS THEREON, BE COLLECTED, RETAINED AND SPENT BY
THE DISTRICT AS A VOTER-APPROVED REVENUE CHANGE, WITHOUT REGARD TO
ANY SPENDING, REVENUE-RAISING, OR OTHER LIMITATION CONTAINED WITHIN
ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, OR ANY OTHER LAW
WHICH PURPORTS TO LIMIT THE DISTRICT'S REVENUES OR EXPENDITURES AS IT
CURRENTLY EXISTS OR AS IT MAY BE AMENDED IN THE FUTURE, AND WITHOUT
LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE
COLLECTED, RETAINED AND SPENT BY THE DISTRICT?
6
HMI IIIII lI II IIII IIIII IIII I IIIII III IIII IIII IIII
354775) 04/15120(18 11:11A Weld County, CO
7 of 18 R 91.00 C 0.00 Steve Moreno Clerk & Recorder
BALLOT ISSUE 5F NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 BALLOT
ISSUE NO. 5G:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. I DEBT BE
INCREASED $15,000,000 WITH A REPAYMENT COST OF $45,000,000 OR SUCH
LESSER AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER
LAKE METROPOLITAN DISTRICT NO. 1 TAXES BE INCREASED $15,000,000
ANNUALLY OR SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE
PAYMENT OF SUCH DEBT AND ANY REFUNDINGS THEREOF, AT AN INTEREST
RATE THAT IS EQUAL TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE
REFUNDED DEBT, FOR THE PURPOSE OF PAYING, LEASING, FINANCING OR
REIMBURSING ALL OR ANY PART OF THE COSTS OF DESIGNING, ACQUIRING,
CONSTRUCTING, RELOCATING, INSTALLING, COMPLETING AND OTHERWISE
PROVIDING, WITHIN OR WITHOUT THE BOUNDARIES OF THE DISTRICT, A
POTABLE AND NON-POTABLE WATER SUPPLY, STORAGE, TRANSMISSION AND
DISTRIBUTION SYSTEM FOR DOMESTIC AND OTHER PUBLIC AND PRIVATE
PURPOSES BY ANY AVAILABLE MEANS, AND TO PROVIDE ALL NECESSARY OR
PROPER TREATMENT WORKS AND FACILITIES, EQUIPMENT, AND
APPURTENANCES INCIDENT THERETO, INCLUDING BUT NOT LIMITED TO WELLS,
WATER PUMPS, WATER LINES, WATER FEATURES,PURIFICATION PLANTS, PUMP
STATIONS, TRANSMISSION LINES, DISTRIBUTION MAINS AND LATERALS, FIRE
HYDRANTS, METERS, WATER TAPS, IRRIGATION FACILITIES, CANALS, DITCHES,
WATER RIGHTS, FLUMES, PARTIAL FLUMES, HEADGATES, DROP STRUCTURES,
STORAGE RESERVOIRS AND FACILITIES, TOGETHER WITH ALL NECESSARY,
INCIDENTAL AND APPURTENANT FACILITIES, EQUIPMENT, LAND, EASEMENTS,
AND EXTENSIONS OF AND IMPROVEMENTS TO SUCH FACILITIES, SUCH DEBT TO
BEAR INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RATE NOT TO
EXCEED 15%PER ANNUM, SUCH INTEREST TO BE PAYABLE AT SUCH TIME OR
TIMES, AND WHICH MAY COMPOUND ANNUALLY OR SEMIANNUALLY, AND
SUCH DEBT TO MATURE, BE SUBJECT TO REDEMPTION WITH OR WITHOUT
PREMIUM, AND BE ISSUED AND SOLD AT, ABOVE OR BELOW PAR, SUCH DEBT TO
BE ISSUED OR INCURRED AT ONE TIME OR FROM TIME TO TIME, TO BE PAID
FROM ANY LEGALLY AVAILABLE REVENUES OF THE DISTRICT, INCLUDING THE
PROCEEDS OF AD VALOREM PROPERTY TAXES; SUCH TAXES TO CONSIST OF AN
AD VALOREM MILL LEVY IMPOSED ON ALL TAXABLE PROPERTY OF THE
DISTRICT, WITHOUT LIMITATION OF RATE OR AMOUNT OR WITH SUCH
LIMITATIONS, ALL OF THE ABOVE AS MAY BE DETERMINED BY THE DISTRICT
BOARD OF DIRECTORS, TO BE USED FOR THE PURPOSE OF PAYING THE
7
'11111111111111111 III 1111111111 1111111 III 11111 IIII 101
3547750 04/15/2000 11:11A Weld County, CO
0 of 10 R 91.00 0 0.00 Steve Moreno Clerk & Recorder
PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON SUCH DEBT; AND SHALL
THE PROCEEDS OF ANY SUCH DEBT AND THE REVENUE FROM SUCH TAXES, ANY
OTHER REVENUE USED TO PAY SUCH DEBT, AND INVESTMENT EARNINGS
THEREON, BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT AS A VOTER-
APPROVED REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE-
RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF
THE COLORADO CONSTITUTION, OR ANY OTHER LAW WHICH PURPORTS TO
LIMIT THE DISTRICT'S REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS
OR AS IT MAY BE AMENDED IN THE FUTURE, AND WITHOUT LIMITING IN ANY
YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED
AND SPENT BY THE DISTRICT?
BALLOT ISSUE 5G NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 BALLOT
ISSUE NO. 5H:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 DEBT BE
INCREASED $15,000,000 WITH A REPAYMENT COST OF $45,000,000 OR SUCH
LESSER AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER
LAKE METROPOLITAN DISTRICT NO. 1 TAXES BE INCREASED $15,000,000
ANNUALLY OR SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE
PAYMENT OF SUCH DEBT AND ANY REFUNDINGS THEREOF, AT AN INTEREST
RATE THAT IS EQUAL TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE
REFUNDED DEBT, FOR THE PURPOSE OF PAYING, LEASING, FINANCING OR
REIMBURSING ALL OR ANY PART OF THE COSTS OF DESIGNING, ACQUIRING,
CONSTRUCTING,RELOCATING, INSTALLING, COMPLETING AND OTHERWISE
PROVIDING, WITHIN OR WITHOUT THE BOUNDARIES OF THE DISTRICT, A
SANITATION SYSTEM WHICH MAY CONSIST OF STORM OR SANITARY SEWERS,
OR BOTH, FLOOD AND SURFACE DRAINAGE, TREATMENT AND DISPOSAL WORKS
AND FACILITIES, OR SOLID WASTE DISPOSAL FACILITIES OR WASTE SERVICES,
AND ALL NECESSARY OR PROPER EQUIPMENT AND APPURTENANCES INCIDENT
THERETO, INCLUDING BUT NOT LIMITED TO TREATMENT PLANTS AND
FACILITIES, COLLECTION MAINS AND LATERALS, LIFT STATIONS, TRANSMISSION
LINES, CANALS, SLUDGE HANDLING, REUSE AND DISPOSAL FACILITIES, AND/OR
STORM SEWER, FLOOD AND SURFACE DRAINAGE FACILITIES AND SYSTEMS,
INCLUDING DETENTION/RETENTION PONDS, BOX CULVERTS AND ASSOCIATED
IRRIGATION FACILITIES, EQUIPMENT, LAND, EASEMENTS AND SEWER TAPS, AND
EXTENSIONS OF AND IMPROVEMENTS TO SUCH FACILITIES, SUCH DEBT TO BEAR
INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RATE NOT TO EXCEED 15%
8
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PER ANNUM, SUCH INTEREST TO BE PAYABLE AT SUCH TIME OR TIMES, AND
WHICH MAY COMPOUND ANNUALLY OR SEMIANNUALLY, AND SUCH DEBT TO
MATURE, BE SUBJECT TO REDEMPTION WITH OR WITHOUT PREMIUM, AND BE
ISSUED AND SOLD AT, ABOVE OR BELOW PAR, SUCH DEBT TO BE ISSUED OR
INCURRED AT ONE TIME OR FROM TIME TO TIME, TO BE PAID FROM ANY
LEGALLY AVAILABLE REVENUES OF THE DISTRICT, INCLUDING THE PROCEEDS
OF AD VALOREM PROPERTY TAXES; SUCH TAXES TO CONSIST OF AN AD
VALOREM MILL LEVY IMPOSED ON ALL TAXABLE PROPERTY OF THE DISTRICT,
WITHOUT LIMITATION OF RATE OR AMOUNT OR WITH SUCH LIMITATIONS, ALL
OF THE ABOVE AS MAY BE DETERMINED BY THE DISTRICT BOARD OF
DIRECTORS, TO BE USED FOR THE PURPOSE OF PAYING THE PRINCIPAL OF,
PREMIUM IF ANY, AND INTEREST ON SUCH DEBT; AND SHALL THE PROCEEDS OF
ANY SUCH DEBT AND THE REVENUE FROM SUCH TAXES, ANY OTHER REVENUE
USED TO PAY SUCH DEBT, AND INVESTMENT EARNINGS THEREON, BE
COLLECTED, RETAINED AND SPENT BY THE DISTRICT AS A VOTER-APPROVED
REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING,
OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE
COLORADO CONSTITUTION, OR ANY OTHER LAW WHICH PURPORTS TO LIMIT
THE DISTRICT'S REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS OR AS
IT MAY BE AMENDED IN THE FUTURE, AND WITHOUT LIMITING IN ANY YEAR
THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND
SPENT BY THE DISTRICT?
BALLOT ISSUE 5H NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 BALLOT
ISSUE NO. 51:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. l DEBT BE
INCREASED $15,000,000 WITH A REPAYMENT COST OF $45,000,000 OR SUCH
LESSER AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER
LAKE METROPOLITAN DISTRICT NO. 1 TAXES BE INCREASED $15,000,000
ANNUALLY OR SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE
PAYMENT OF SUCH DEBT AND ANY REFUNDINGS THEREOF, AT AN INTEREST
RATE THAT IS EQUAL TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE
REFUNDED DEBT, FOR THE PURPOSE OF PAYING, LEASING, FINANCING OR
REIMBURSING ALL OR ANY PART OF THE COSTS OF DESIGNING, ACQUIRING,
CONSTRUCTING, RELOCATING, INSTALLING, COMPLETING AND OTHERWISE
PROVIDING,WITHIN OR WITHOUT THE BOUNDARIES OF THE DISTRICT, A SAFETY
PROTECTION SYSTEM OF TRAFFIC AND SAFETY CONTROLS AND DEVICES ON
9
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STREETS AND HIGHWAYS AND AT RAILROAD CROSSINGS, INCLUDING BUT NOT
LIMITED TO TRAFFIC SIGNALS AND SIGNAGE, AND CONSTRUCTING
UNDERPASSES OR OVERPASSES AT RAILROAD CROSSINGS, TOGETHER WITH ALL
NECESSARY, INCIDENTAL,AND APPURTENANT FACILITIES, EQUIPMENT, LAND,
EASEMENTS AND EXTENSIONS OF AND IMPROVEMENTS TO SUCH FACILITIES,
SUCH DEBT TO BEAR INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RATE
NOT TO EXCEED 15% PER ANNUM, SUCH INTEREST TO BE PAYABLE AT SUCH
TIME OR TIMES, AND WHICH MAY COMPOUND ANNUALLY OR SEMIANNUALLY,
AND SUCH DEBT TO MATURE, BE SUBJECT TO REDEMPTION WITH OR WITHOUT
PREMIUM, AND BE ISSUED AND SOLD AT, ABOVE OR BELOW PAR, SUCH DEBT TO
BE ISSUED OR INCURRED AT ONE TIME OR FROM TIME TO TIME, TO BE PAID
FROM ANY LEGALLY AVAILABLE REVENUES OF THE DISTRICT, INCLUDING THE
PROCEEDS OF AD VALOREM PROPERTY TAXES; SUCH TAXES TO CONSIST OF AN
AD VALOREM MILL LEVY IMPOSED ON ALL TAXABLE PROPERTY OF THE
DISTRICT, WITHOUT LIMITATION OF RATE OR AMOUNT OR WITH SUCH
LIMITATIONS, ALL OF THE ABOVE AS MAY BE DETERMINED BY THE DISTRICT
BOARD OF DIRECTORS, TO BE USED FOR THE PURPOSE OF PAYING THE
PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON SUCH DEBT; AND SHALL
THE PROCEEDS OF ANY SUCH DEBT AND THE REVENUE FROM SUCH TAXES, ANY
OTHER REVENUE USED TO PAY SUCH DEBT, AND INVESTMENT EARNINGS
THEREON, BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT AS A VOTER-
APPROVED REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE-
RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF
THE COLORADO CONSTITUTION, OR ANY OTHER LAW WHICH PURPORTS TO
LIMIT THE DISTRICT'S REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS
OR AS IT MAY BE AMENDED IN THE FUTURE, AND WITHOUT LIMITING IN ANY
YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED
AND SPENT BY THE DISTRICT?
BALLOT ISSUE 5I NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. I BALLOT
ISSUE NO. 5J:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 DEBT BE
INCREASED $100,000 WITH A REPAYMENT COST OF $300,000 OR SUCH LESSER
AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER LAKE
METROPOLITAN DISTRICT NO. I TAXES BE INCREASED $100,000 ANNUALLY OR
SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE PAYMENT OF SUCH
DEBT AND ANY REFUNDINGS THEREOF, AT AN INTEREST RATE THAT IS EQUAL
10
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TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE REFUNDED DEBT, FOR
THE PURPOSE OF PAYING, REIMBURSING, FINANCING OR REFINANCING ALL OR
ANY PART OF THE DISTRICTS OPERATING AND MAINTENANCE EXPENSES, OR
ADVANCES OF OPERATING AND MAINTENANCE EXPENSES MADE TO THE
DISTRICT, SUCH DEBT TO BEAR INTEREST AT A MAXIMUM NET EFFECTIVE
INTEREST RATE NOT TO EXCEED 15%PER ANNUM, SUCH INTEREST TO BE
PAYABLE AT SUCH TIME OR TIMES, AND WHICH MAY COMPOUND ANNUALLY OR
SEMIANNUALLY, SUCH DEBT TO BE INCURRED AT ONE TIME OR FROM TIME TO
TIME AND TO MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT
PREMIUM, AND BE ISSUED AND SOLD AT, ABOVE OR BELOW PAR, AND TO
CONTAIN SUCH TERMS,NOT INCONSISTENT HEREWITH, AND BE MADE PAYABLE
FROM ANY LEGALLY AVAILABLE REVENUES OF THE DISTRICT, INCLUDING
WITHOUT LIMITATION AD VALOREM PROPERTY TAXES LEVIED IN ANY YEAR,
WITHOUT LIMITATION AS TO RATE AND IN AN AMOUNT SUFFICIENT TO PAY THE
PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THE DEBT WHEN DUE, ALL
OF THE ABOVE AS DETERMINED BY THE DISTRICT BOARD OF DIRECTORS, AND
SHALL THE PROCEEDS OF THE DEBT, THE REVENUES FROM SUCH TAXES, ANY
OTHER REVENUES USED TO PAY THE DEBT, AND ANY EARNINGS FROM THE
INVESTMENT OF SUCH PROCEEDS AND REVENUES BE COLLECTED, RETAINED
AND SPENT BY THE DISTRICT AS A VOTER-APPROVED REVENUE CHANGE,
WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING, OR OTHER
LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION, OR ANY OTHER LAW WHICH PURPORTS TO LIMIT THE DISTRICT'S
REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS OR AS IT MAY BE
AMENDED IN THE FUTURE, AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT
OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE
DISTRICT?
BALLOT ISSUE 5J NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 BALLOT
ISSUE NO. 5K:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 DEBT BE
INCREASED $15,000,000 WITH A REPAYMENT COST OF $45,000,000 OR SUCH
LESSER AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER
LAKE METROPOLITAN DISTRICT NO. 1 TAXES BE INCREASED $15,000,000
ANNUALLY OR SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE
PAYMENT OF SUCH DEBT AND ANY REFUNDINGS THEREOF, AT AN INTEREST
RATE THAT IS EQUAL TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE
11
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REFUNDED DEBT, FOR THE PURPOSE OF REFUNDING, REFINANCING OR
DEFEASING ANY OR ALL OF THE DISTRICTS DEBT, BUT NOT TO EXCEED THE
MAXIMUM NET EFFECTIVE INTEREST RATE OF 15% PER ANNUM, SUCH INTEREST
TO BE PAYABLE AT SUCH TIME OR TIMES, AND WHICH MAY COMPOUND
ANNUALLY OR SEMIANNUALLY, AND SUCH DEBT TO MATURE, BE SUBJECT TO
REDEMPTION WITH OR WITHOUT PREMIUM, AND BE ISSUED AND SOLD AT,
ABOVE OR BELOW PAR, SUCH DEBT TO BE ISSUED OR INCURRED AT ONE TIME
OR FROM TIME TO TIME, TO BE PAID FROM ANY LEGALLY AVAILABLE
REVENUES OF THE DISTRICT, INCLUDING THE PROCEEDS OF AD VALOREM
PROPERTY TAXES; SUCH TAXES TO CONSIST OF AN AD VALOREM MILL LEVY
IMPOSED ON ALL TAXABLE PROPERTY OF THE DISTRICT, WITHOUT LIMITATION
OF RATE OR AMOUNT OR WITH SUCH LIMITATIONS, ALL OF THE ABOVE AS MAY
BE DETERMINED BY THE DISTRICT BOARD OF DIRECTORS, TO BE USED FOR THE
PURPOSE OF PAYING THE PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON
SUCH DEBT; AND SHALL THE PROCEEDS OF ANY SUCH DEBT AND THE REVENUE
FROM SUCH TAXES, ANY OTHER REVENUE USED TO PAY SUCH DEBT, AND
INVESTMENT EARNINGS THEREON, BE COLLECTED, RETAINED AND SPENT BY
THE DISTRICT AS A VOTER-APPROVED REVENUE CHANGE, WITHOUT REGARD TO
ANY SPENDING, REVENUE-RAISING, OR OTHER LIMITATION CONTAINED WITHIN
ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, OR ANY OTHER LAW
WHICH PURPORTS TO LIMIT THE DISTRICTS REVENUES OR EXPENDITURES AS IT
CURRENTLY EXISTS OR AS IT MAY BE AMENDED IN THE FUTURE, AND WITHOUT
LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE
COLLECTED, RETAINED AND SPENT BY THE DISTRICT?
BALLOT ISSUE 5K NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 BALLOT
ISSUE NO. 5L:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 DEBT BE
INCREASED $15,000,000 WITH A REPAYMENT COST OF $45,000,000 OR SUCH
LESSER AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER
LAKE METROPOLITAN DISTRICT NO. 1 TAXES BE INCREASED $15,000,000
ANNUALLY OR SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE
PAYMENT OF SUCH DEBT AND ANY REFUNDINGS THEREOF, AT AN INTEREST
RATE THAT IS EQUAL TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE
REFUNDED DEBT, SUCH DEBT TO CONSIST OF INTERGOVERNMENTAL
AGREEMENTS OR OTHER CONTRACTS WITHOUT LIMIT AS TO TERM WITH ONE
OR MORE POLITICAL SUBDIVISIONS OF THE STATE, GOVERNMENTAL UNITS,
12
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GOVERNMENTALLY-OWNED ENTERPRISES, OR OTHER PUBLIC ENTITIES, WHICH
CONTRACTS WILL CONSTITUTE MULTIPLE FISCAL YEAR FINANCIAL
OBLIGATIONS AND WHICH WILL OBLIGATE THE DISTRICT TO PAY, REIMBURSE
OR FINANCE THE COSTS OF FINANCING, DESIGNING, ACQUIRING,
CONSTRUCTING, COMPLETING OR OTHERWISE PROVIDING, AND THE COSTS OF
OPERATING AND MAINTAINING, ANY PUBLIC IMPROVEMENT WHICH THE
DISTRICT IS LAWFULLY AUTHORIZED TO PROVIDE, ALL AS MAY BE PROVIDED IN
SUCH CONTRACTS, SUCH CONTRACTS TO BEAR INTEREST AT A MAXIMUM NET
EFFECTIVE INTEREST RATE NOT TO EXCEED 15% PER ANNUM, BE REFINANCED
AT A NET EFFECTIVE INTEREST RATE NOT TO EXCEED THE MAXIMUM NET
EFFECTIVE INTEREST RATE WITHOUT ADDITIONAL VOTER APPROVAL AND
CONTAIN SUCH TERMS,NOT INCONSISTENT HEREWITH, AS THE DISTRICT BOARD
OF DIRECTORS MAY DETERMINE; AND IN CONNECTION THEREWITH SHALL AD
VALOREM PROPERTY TAXES BE LEVIED IN ANY YEAR, WITHOUT LIMITATION AS
TO RATE AND IN AN AMOUNT SUFFICIENT TO PAY THE OBLIGATIONS OF THE
CONTRACTS WHEN DUE, THE PROCEEDS OF THE CONTRACTS, THE REVENUES
FROM ALL TAXES, FROM REVENUE SHARING AGREEMENTS, ANY OTHER
REVENUES USED TO PAY THE CONTRACTS AND ANY EARNINGS FROM THE
INVESTMENT OF SUCH PROCEEDS AND REVENUES BE COLLECTED, RETAINED
AND SPENT BY THE DISTRICT AS A VOTER-APPROVED REVENUE CHANGE,
WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING, OR OTHER
LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION, OR ANY OTHER LAW WHICH PURPORTS TO LIMIT THE DISTRICT'S
REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS OR AS IT MAY BE
AMENDED IN THE FUTURE, AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT
OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE
DISTRICT?
BALLOT ISSUE 5L NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 BALLOT
ISSUE NO. 5M:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 BE
AUTHORIZED TO ENTER INTO ONE OR MORE INTERGOVERNMENTAL
AGREEMENTS WITH THE STATE OR ONE OR MORE POLITICAL SUBDIVISIONS OF
THE STATE FOR THE PURPOSE OF JOINTLY FINANCING THE COSTS OF ANY
PUBLIC IMPROVEMENTS, FACILITIES, SYSTEMS, PROGRAMS, OR PROJECTS
WHICH THE DISTRICT MAY LAWFULLY PROVIDE, OR FOR THE PURPOSE OF
PROVIDING FOR THE OPERATIONS AND MAINTENANCE OF THE DISTRICT AND ITS
13
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14 of 18 R 91.00 0 0.00 Steve Moreno Clerk & Recorder
FACILITIES AND PROPERTIES, WHICH AGREEMENT MAY CONSTITUTE A
MULTIPLE FISCAL YEAR FINANCIAL OBLIGATION OF THE DISTRICT TO THE
EXTENT PROVIDED THEREIN AND OTHERWISE AUTHORIZED BY LAW, AND IN
CONNECTION THEREWITH SHALL THE DISTRICT BE AUTHORIZED TO MAKE
COVENANTS REGARDING THE ESTABLISHMENT AND USE OF AD VALOREM
TAXES, RATES, FEES, TOLLS, PENALTIES, AND OTHER CHARGES OR REVENUES OF
THE DISTRICT, AND COVENANTS, REPRESENTATIONS, AND WARRANTIES AS TO
OTHER MATTERS ARISING UNDER THE AGREEMENTS, ALL AS MAY BE
DETERMINED BY THE DISTRICT BOARD OF DIRECTORS?
BALLOT ISSUE 5M NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 BALLOT
ISSUE NO. 5N:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 BE
AUTHORIZED TO COLLECT, RETAIN, AND SPEND THE FULL AMOUNT OF ALL
TAXES, TAX INCREMENT REVENUES, PARK FEES, FACILITY FEES, SERVICE
CHARGES, INSPECTION CHARGES, ADMINISTRATIVE CHARGES, GRANTS OR ANY
OTHER FEE, RATE, TOLL, PENALTY, OR CHARGE AUTHORIZED BY LAW OR
CONTRACT TO BE IMPOSED, COLLECTED OR RECEIVED BY THE DISTRICT
DURING 2008 AND EACH FISCAL YEAR THEREAFTER, SUCH AMOUNTS TO
CONSTITUTE A VOTER-APPROVED REVENUE CHANGE AND BE COLLECTED,
RETAINED AND SPENT BY THE DISTRICT WITHOUT REGARD TO ANY SPENDING,
REVENUE-RAISING, OR OTHER LIMITATION CONTAINED IN ARTICLE X, SECTION
20 OF THE COLORADO CONSTITUTION, THE LIMITS IMPOSED ON INCREASES IN
PROPERTY TAXATION BY SECTION 29-1-301, C.R.S. IN ANY SUBSEQUENT YEAR,
OR ANY OTHER LAW WHICH PURPORTS TO LIMIT THE DISTRICT'S REVENUES OR
EXPENDITURES AS IT CURRENTLY EXISTS OR AS IT MAY BE AMENDED IN THE
FUTURE, AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER
REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT?
BALLOT ISSUE 5N NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
The following ballots were cast on ballot issues to implement the provisions of Article 27
OF Section 29, C.R.S. as applied to the new special district:
14
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15 or 18 R 91.90 0 0.00 Steve Moreno Clerk & Recorder
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 BALLOT
QUESTION NO. 5O:
Shall Waterfront at Foster Lake Metropolitan District No. I be allowed to engage, offer to
engage or contract with a private provider to engage in the provision of cable television service,
telecommunications service or advanced service to subscribers within the District's service area,
as such services are defined in Section 29-27-201, C.R.S.?
BALLOT QUESTION 5O NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
The following ballots were cast on ballot issues to implement the provisions of Section
11 of Article XVIII of the Colorado Constitution as applied to the new special district:
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1 BALLOT
QUESTION NO. SP:
Shall members of the board of directors of Waterfront at Foster Lake Metropolitan District No. 1
be authorized to serve without limitation on their terms of office pursuant to the right granted to
the voters of the District in Article XVIII, Section 11 of the Colorado Constitution to lengthen,
shorten or eliminate the limitations on the terms of office imposed by such section?
BALLOT QUESTION 5P NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
AND IT FURTHER appearing that the election was held in accordance with Articles 1 to
13 of Title 1, C.R.S. (the Uniform Election Code of 1992, as amended), Article I of Title 32,
C.R.S. (the Special District Act), the Election Rules of the Colorado Secretary of State, Section
20 of Article X of the Colorado Constitution, and other relevant law;
AND IT FURTHER appearing that all of the provisions of law, and more particularly all
of the requirements of Title 32, Article 1, Part 3, Colorado Revised Statutes, as amended, have
been complied with, met and performed, in the organization of the District;
AND the Court being fully advised in the premises, hereby ORDERS AND DECREES
that:
15
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The District has been duly and regularly organized and shall be known as "Waterfront at
Foster Lake Metropolitan District No. 1" in the County of Weld, State of Colorado. The
organization of the "Waterfront at Foster Lake Metropolitan District No. 1" shall be effective as
of the date of this Order as set forth below.
Said District shall be a quasi-municipal corporation and political subdivision of the State
of Colorado with all the powers thereof. The facilities, services, programs, and financial
arrangements of the District shall conform as far as practicable to the approved Service Plan and
Resolution of the Board of County Commissioners of Weld County, Colorado approving the
Service Plan for Waterfront at Foster Lake Metropolitan District No. 1. The approved Service
Plan and Resolution of Approval required by Title 32, Article 1, Part 2, Colorado Revised
Statutes, as amended, previously filed in the within action shall be and the same are hereby
incorporated by reference in this Order, and may be amended in the future as provided by law.
In accordance with Section 32-1-305.5(5), C.R.S., and under the authority of the Clerk of
the Court, the Designated Election Official shall issue certificates of election for the directors
elected.
The Court finds that the ballot questions and ballot issues set forth above passed.
The District consists of approximately 217.738 acres and is located within unincorporated
Weld County, Colorado, as more particularly described as provided in Exhibit A, attached
hereto and incorporated herein by reference.
The Board of Directors shall hereafter take such steps and proceedings as the needs of the
District require.
DATED: December 17, 2007
BY THE COURT:
Daniel S. Maus
District Court Judge
This document was filed pursuant to CR_C,P. 121, § 1-26. A printable version of the electronically
signed order is available in the Court's electronic file.
Certified to be a full,true and correct
copy of the original in my custody.
APR - 9 2008
Dated
CATHERINE L: WALKER
16 Clerk of�the®ishictlt unt
By � Court
,
Depth/
1111111 VIII 111111IIIIIIIIII11111111111111111111 III 1111
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EXHIBIT A
Legal Description
District No. 1:
A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 27 AND THE
NORTH HALF OF SECTION 34, ALL IN TOWNSHIP 3 NORTH, RANGE 68 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 34 WHENCE THE
NORTH ONE-QUARTER CORNER OF SAID SECTION 34 BEARS NORTH 89°07'33"
EAST 2566.17 FEET, SAID LINE FORMING THE BASIS OF BEARING FOR THIS
DESCRIPTION; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER
OF SAID SECTION 34 NORTH 89°07'33" EAST 30.01 FEET TO A POINT ON THE EAST
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7 AND THE POINT OF
BEGINNING;
THENCE ALONG SAID EAST RIGHT-OF-WAY LINE AND ALONG A LINE 30.00 FEET
EAST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF
SECTION 27,NORTH 00°22'25" WEST 2654.12 TO A POINT ON THE NORTH LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION 27 FEET; THENCE ALONG SAID
NORTH LINE NORTH 89°04'53" EAST 1354.30 FEET; THENCE SOUTH 06°51'09" WEST
266.98 FEET; THENCE SOUTH 30°38'53" EAST 445.00 FEET; THENCE SOUTH 42°21'07"
WEST 219.00 FEET; THENCE SOUTH 23°06'07" WEST 660.00 FEET; THENCE SOUTH
24°53'53" EAST 700.00 FEET; THENCE NORTH 88°51'07" EAST 454.00 FEET; THENCE
SOUTH 60°53'53" EAST 385.00 FEET; THENCE NORTH 86°21'07" EAST 178.52 FEET;
THENCE SOUTH 75°00'00" EAST 155.32 FEET; THENCE SOUTH 00°24'02" WEST 89.26
FEET; THENCE SOUTH 85°38'17" EAST 582.71 FEET; THENCE NORTH 65°31'22" EAST
315.60 FEET; THENCE NORTH 52°04'24" EAST 339.15 FEET; THENCE NORTH 50°39'42"
EAST 213.85 FEET; THENCE NORTH 21°19'16" EAST 257.83 FEET; THENCE NORTH
00°31'12" WEST 298.26 FEET; THENCE NORTH 14°21'24" WEST 244.37 FEET; THENCE
NORTH 12°34'51" WEST 588.61 FEET; THENCE NORTH 43°15'27" EAST 134.45 FEET;
THENCE NORTH 51°34'02" EAST 332.64 FEET; THENCE NORTH 41°59'02" EAST 419.65
FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF
SECTION 27; THENCE ALONG SAID NORTH LINE, NORTH 89°04'53" EAST 472.67
FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 25; THENCE
ALONG SAID WEST RIGHT-OF-WAY LINE SOUTH 00°06'27" WEST 2577.68 FEET;
THENCE SOUTH 85°59'05" WEST 456.95 FEET; THENCE SOUTH 89°07'10" WEST 214.69
FEET; THENCE SOUTH 00°52'50" EAST 30.00 FEET; THENCE NORTH 89°07'10" EAST
670.00 FEET; THENCE SOUTH 00°00'41" EAST 25.00 FEET; THENCE SOUTH 89°07'10"
WEST 492.80 FEET; THENCE ALONG T THE ARC OF A CURVE TO THE LEFT (SAID
CURVE HAVING A RADIUS OF 800.00 FEET, A CENTRAL ANGLE OF 66°08'08" AND A
CHORD WHICH BEARS SOUTH 56°03'06" WEST 873.01), A DISTANCE OF 923.43;
lqL"L'w'jLuL"jL"3547750 04/15/2008
18 of 18 R 91.00 0 0.00 Steve Moreno Clerk & Recorder
THENCE SOUTH 22°59'02" WEST 338.11 FEET; THENCE ALONG THE ARC OF A
CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 700.00 FEET, A
CENTRAL ANGLE OF 89°55'40" AND A CHORD WHICH BEARS SOUTH 67°56'52"
WEST 989.33), A DISTANCE OF 1098.67; THENCE NORTH 67°05'18" WEST 1517.51
FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE
HAVING A RADIUS OF 2225.00 FEET, A CENTRAL ANGLE OF 14°33'24" AND A
CHORD WHICH BEARS NORTH 59°48'36" WEST 563.77), A DISTANCE OF 565.29;
THENCE NORTH 52°31'54" WEST 143.34 FEET; THENCE ALONG THE ARC OF A
CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 700.00 FEET, A CENTRAL
ANGLE OF 38°20'33" AND A CHORD WHICH BEARS NORTH 71°42'10" WEST 459.75), A
DISTANCE OF 468.44; THENCE SOUTH 89°01'32" WEST 141.15 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THERE FROM THE FOLLOWING DESCRIBED PARCEL:
COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 34,
WHENCE THE NORTHWEST CORNER OF SAID SECTION 34 BEARS SOUTH 89°07'33"
WEST, A DISTANCE OF 2566.17 FEET, SAID LINE FORMING THE BASIS OF
BEARINGS FOR THIS DESCRIPTION; THENCE ALONG THE WEST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 34, SOUTH 00°35'07" EAST, A DISTANCE
OF 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG A LINE 30.00
FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE THE NORTHWEST
QUARTER OF SAID SECTION 34 NORTH 89°07'33" EAST, A DISTANCE OF 0.15 FEET;
THE ALONG A LINE 30.00 SOUTH OF AND PARALLEL WITH THE NORTH LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 34 NORTH 89°07'10" EAST, A
DISTANCE OF 765.29 FEET; THENCE SOUTH 02°06'45" WEST, A DISTANCE OF 310.68
FEET; THENCE NORTH 87°52'58" WEST, A DISTANCE OF 751.65 FEET TO A POINT ON
THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE
ALONG SAID WEST LINE NORTH 00°35'07" WEST, A DISTANCE OF 270.95 FEET TO
THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 217.738 ACRES, MORE OR LESS.
CERTIFICATE OF RECORDING
IT IS HEREBY CERTIFIED by the undersigned Clerk and Recorder of
the County of Weld, State of Colorado, that a certified copy of the Order and
Decree to Create District of the District Court in and for the County of Weld,
State of Colorado, signed by a judge of said Court on the 17th day of
December, 2007, which Order approves the organization of the
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1
located in Weld County, Colorado, was recorded in my office on the 15th day
of April, 2008, at Reception No. 3547750.
Clerk and Recorder
Weld County, Colorado
Return to: Grimshaw & Harring, PC
1700 Lincoln Street, Suite 3800
Denver, Colorado 80203
Attn: LHL
(00026347.DOC / 1}
CERTIFICATE OF MAILING
IT IS HEREBY CERTIFIED by the undersigned Clerk and Recorder of
the County of Weld, State of Colorado, that on the 6th day of May
2008, a Notice of Organization of Special District with an attached certified
copy of the Order and Decree to Create District for the Waterfront at Foster
Lake Metropolitan District No. 1 was placed in the U.S. Mail to the Division of
Local Government of the State of Colorado and the Office of the Weld County
Assessor pursuant to Section 32-1-105, C.R.S.
L0 E
etexioariticRe
, .' Y jh= rd
O
Weld County, Colo d& 11 Y
`� Zr
tZia
By:
Esther Gesick, Deputy �S �f"'e Board
Return to: Grimshaw & Herring, PC
1700 Lincoln Street, Suite 3800
Denver, Colorado 80203
LHL
00026329.WPD / 1
GRIDISHAW at HARRING
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
SUITE 3800 IW M E R ITAS
WELLS FARGO CENTER
1700 LINCOLN STREET LAW FIRMS WORLDWIDE
DENVER,COLORADO 80203-4538
TELEPHONE 1303)839-3800
TELECOPIER (303)839-3838
WW W.ORIINSIIAW INIMINOAOM
Leslie H. Larsen Ilarsen@grimshawharring.com
303-839-3814 www.grimshawharring.com
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
7006 0100 0005 0743 6335
April 22, 2008
Office of the Clerk and Recorder
Recording Department
Weld County
P.O. Box 459
Greeley, Colorado 80632
Re: Waterfront at Foster Lake Metropolitan District No. 2
Dear Clerk:
I am enclosing the following documents regarding the Order and Decree approving
the organization of the Waterfront at Foster Lake Metropolitan District No. 2:
1. Pursuant to Sections 32-1-105 and 306, C.R.S., the certified copy of an
Order and Decree to Create District of the District Court in and for the
County of Weld, State of Colorado, entered on December 17, 2007,
approving the organization of the Waterfront at Foster Lake Metropolitan
District No. 2 has been recorded in the records of Weld County, Colorado,
on April 8, 2008 at Reception Number 3546150.
2. Pursuant to Section 32-1-105, C.R.S., Notices of Order and Decree to
Create District are to be provided by your office to the Weld County Assessor
and the State of Colorado Division of Local Government. For your
convenience and use, we have prepared two (2) Notices of Organization
of Special District each with an attached copy of the certified copy of the
Order and Decree; two (2) Certificates of Filing to certify that the Assessor
and the Division have received the Notice; two (2) return envelopes for the
return of each Certificate of Filing by the Assessor and the Division; and pre-
addressed envelopes for your use in mailing each Notice to the Assessor
00026155.WPD/1
Office of the Clerk and Recorder
April 22, 2008
Page 2
and the Division. Please review and sign the Notices, and mail one to the
Assessor and the other to the Division, along with: (1) a copy of the Order
and Decree (attached to Notice); (2)the respective Certificate of Filing; and
(3) a return envelope.
3. Certificate of Recording which we request that you review, sign, and return
to our office.
4. Certificate of Mailing which we request that you complete, sign, and return
to our office along with the Certificate of Recording. An additional self-
addressed, stamped envelope has been enclosed for this purpose.
Finally, pursuant to Section 32-1-306, C.R.S., enclosed is a copy of the District's
approved Consolidated Service Plan to be retained by your office as a public record for
public inspection.
If you have any questions concerning the enclosed documents, please call me at
(303) 839-3814. Thank you.
Sincerely,
GRIMSHAW & HARRING,
A Professional Corporation
Leslie H. Larsen
Paralegal
Enclosures
00026155.WPD/1
NOTICE OF ORGANIZATION OF SPECIAL DISTRICT
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2
TO THE WELD COUNTY ASSESSOR AND THE DIVISION OF LOCAL GOVERNMENT
OF THE STATE OF COLORADO:
Pursuant to the provisions of Section 32-1-105, Colorado Revised Statutes:
NOTICE IS HEREBY GIVEN that by Order and Decree of the District Court in and
for the County of Weld and State of Colorado, entered on the 17th day of December,2007,
and recorded in the office of the Clerk and Recorder of Weld County on the 8th day of
April, 2008, at Reception Number 3546150, the Waterfront at Foster Lake Metropolitan
District No. 2 is declared organized pursuant to the laws of the State of Colorado thereto
relating. A certified copy of the Order and Decree is attached hereto, which copy includes
a legal description of the newly organized District.
Pursuant to Section 32-1-105, C.R.S., the Clerk and Recorder shall notify the
County Assessor of such action concerning the organization, and a certified copy of this
Notice shall be filed with the Division of Local Government by the Clerk and Recorder.
Certified as of the date written below.
{ SEAL } ���
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e1ettsalt7IeNIMIr x Cl a
Weld County, Colorado J 1861 { . r*Q.-
Ma 6, 2008
Date �' >
BY: YI0n L d.-Q :;If
Esther Gesick, Deputy Clerk to the Board
00026173.WPD / 1
1111111 11111 11111 Iiii IIIII Iliii FIU III 11111 IIII
3546150 04/08/2008 10:58A Weld County, CO
9p 1 of 18 R 91.00 0 0.00 Steve Moreno Clerk & Recorder
Ell LED Document—District Court
DISTRICT COURT, WELD COUNTY, COLORADO 2007CV823
Court Address: Co Weld County District Court 19th JD
Filing Date: Dec 17 2007 11:05AM MST
901 Ninth Avenue Filing ID: 17685426
P. O. Box 2038
Greeley, Colorado 80632
IN RE THE ORGANIZATION OF THE WATERFRONT
AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2,
WELD COUNTY, COLORADO ACOURT USE ONLYS
Case Number:
2007 CV 823
Division: 10
ORDER AND DECREE TO CREATE DISTRICT
THIS MATTER coming for consideration by the Court, and it appearing that the election,
held on the 6th day of November, 2007, at which there was submitted the matter of the
organization of Waterfront at Foster Lake Metropolitan District No. 2 (the "District"), County of
Weld, State of Colorado, the election of Directors for such District, the questions necessary to
implement the provisions of Section 20 of Article X of the Colorado Constitution, and the
question necessary to implement the provisions of Section 11 of Article XVIII of the Colorado
Constitution as applied to the new special district,was duly held by the judges of election
appointed as specified in the Order of Court entered on the 12th day of October, 2007;
AND IT FURTHER appearing that the required Notice of Organizational Election was
duly published in compliance with the aforementioned Order in the Greeley Daily Tribune, a
newspaper of general circulation in the proposed District, by publication as defined in Section
32-1-103(15) and 1-5-207(2), C.R.S. as shown in the Publisher's Affidavit on file in this
proceeding, and further that written notice was duly posted at the office of the Designated
Election Official at least ten days prior to the election and until two days after the election, all in
compliance with law, and the Order of this Court; and that all of said ballots were cast at said
election by eligible electors of the proposed District who were registered to vote pursuant to the
Uniform Election Code of 1992 (parts 1 to 13 of Title 1, C.R.5.), as amended, and who either
had been residents of the proposed District for not less than thirty (30) days, or who or whose
spouse own taxable real or personal property situated within the boundaries of the proposed
District, whether said person resides within the proposed District or not, or who are obligated to
pay taxes under a contract to purchase taxable property within the boundaries of the proposed
District.
That the following qualified persons were duly elected as Directors of the District for the
C} irc e4tl� gs1 gadorganization of the District:
cm/ of the • iginu,V6 � ody.
Dated r. . . a i 1
^yea'R.
C -rk-of the
B
1111111 IIIII 111111 IIII Iiii 111111111111 III 11111 IIII IIII
3546150 04/08/2008 10:58A Weld County, CO
2 of 18 R 91.00 D (1.00 Steve Moreno Clerk & Recorder
NAME TERM
Nicolette M. Mills Until the next regular election following organization of the District
Bryan Horan Until the next regular election following organization of the District
Linda Sweetman-King Until the second regular election following organization of the District
David Boten Until the second regular election following organization of the District
Thomas M. Clark Until the second regular election following organization of the District
That the following ballots were cast on the question of organization of the proposed
District:
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 BALLOT
QUESTION NO. 5Q:
Shall the Waterfront at Foster Lake Metropolitan District No. 2 be organized?
BALLOT QUESTION 5Q NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
That the following ballots were cast on ballot issues to implement the provisions of
Section 20 of Article X of the Colorado Constitution as applied to the new special district:
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 BALLOT
ISSUE NO. 5R:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 TAXES
BE INCREASED $400,000 ANNUALLY OR SUCH LESSER AMOUNT AS NECESSARY
TO PAY THE DISTRICT'S ADMINISTRATION AND OPERATIONS AND
MAINTENANCE EXPENSES, BY THE IMPOSITION OF AD VALOREM PROPERTY
TAXES LEVIED IN ANY YEAR, WITHOUT LIMITATION AS TO RATE OR AMOUNT OR
ANY OTHER CONDITION TO PAY SUCH EXPENSES AND SHALL THE PROCEEDS OF
SUCH TAXES AND ANY INVESTMENT INCOME THEREON BE COLLECTED,
RETAINED AND SPENT BY THE DISTRICT IN FISCAL YEAR 2008 AND IN EACH
FISCAL YEAR THEREAFTER FOR AS LONG AS THE DISTRICT CONTINUES IN
EXISTENCE, SUCH AUTHORIZATION TO CONSTITUTE A VOTER-APPROVED
REVENUE CHANGE WHICH MAY BE COLLECTED, RETAINED AND SPENT BY THE
DISTRICT WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING, OR OTHER
LIMITATION CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION, THE LIMITS IMPOSED ON INCREASES IN PROPERTY TAXATION
2
IEIIIL Allll 111111 IIII IIII! 11111 111111 III 11111 IIII 1111
3546150 04/08/2008 10:58A Weld County, CO
3 of l8 R 91.00 0 0.00 Steve Moreno Clerk & Recorder
BY SECTION 29-1-301, C.R.S. IN ANY YEAR, OR ANY OTHER LAW WHICH PURPORTS
TO LIMIT THE DISTRICTS REVENUES OR EXPENDITURES AS IT CURRENTLY
EXISTS OR AS IT MAY BE AMENDED IN THE FUTURE, ALL WITHOUT LIMITING IN
ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED,
RETAINED AND SPENT BY THE DISTRICT?
BALLOT ISSUE 5R NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 BALLOT
ISSUE NO. 5S:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 TAXES
BE INCREASED $400,000 ANNUALLY OR SUCH LESSER AMOUNT AS NECESSARY
TO PAY THE DISTRICT'S ADMINISTRATION AND OPERATIONS AND
MAINTENANCE EXPENSES, BY THE IMPOSITION OF A FEE OR FEES IMPOSED,
WITHOUT LIMITATION AS TO RATE OR AMOUNT OR ANY OTHER CONDITION TO
PAY SUCH EXPENSES AND SHALL THE PROCEEDS OF SUCH FEES AND ANY
INVESTMENT INCOME THEREON BE COLLECTED, RETAINED AND SPENT BY THE
DISTRICT IN FISCAL YEAR 2008 AND IN EACH FISCAL YEAR THEREAFTER FOR AS
LONG AS THE DISTRICT CONTINUES IN EXISTENCE, SUCH AUTHORIZATION TO
CONSTITUTE A VOTER-APPROVED REVENUE CHANGE WHICH MAY BE
COLLECTED, RETAINED AND SPENT BY THE DISTRICT WITHOUT REGARD TO ANY
SPENDING, REVENUE-RAISING, OR OTHER LIMITATION CONTAINED IN ARTICLE
X, SECTION 20 OF THE COLORADO CONSTITUTION,THE LIMITS IMPOSED ON
INCREASES IN PROPERTY TAXATION BY SECTION 29-1-301, C.R.S. IN ANY YEAR,
OR ANY OTHER LAW WHICH PURPORTS TO LIMIT THE DISTRICT'S REVENUES OR
EXPENDITURES AS IT CURRENTLY EXISTS OR AS IT MAY BE AMENDED IN THE
FUTURE, ALL WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER
REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT?
BALLOT ISSUE 5S NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 BALLOT
ISSUE NO. 5T:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 TAXES
3
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3546150 04/08/2008 10:58A Weld County, CO
4 of 18 R 91.00 0 0.00 Steve Moreno Clerk & Recorder
BE INCREASED $10,000,000 ANNUALLY OR SUCH LESSER AMOUNT AS NECESSARY
FOR THE PAYMENT OF SUCH AMOUNTS DUE PURSUANT TO ONE OR MORE
INTERGOVERNMENTAL AGREEMENTS OR OTHER CONTRACTS, BY THE
IMPOSITION OF AD VALOREM PROPERTY TAXES LEVIED IN ANY YEAR, WITHOUT
LIMITATION AS TO RATE OR AMOUNT OR ANY OTHER CONDITION FOR THE
PAYMENT OF SUCH AMOUNTS DUE, AND SHALL THE PROCEEDS OF SUCH TAXES
AND ANY INVESTMENT INCOME THEREON BE COLLECTED, RETAINED AND
SPENT BY THE DISTRICT IN FISCAL YEAR 2008 AND IN EACH FISCAL YEAR
THEREAFTER FOR AS LONG AS THE DISTRICT CONTINUES IN EXISTENCE, SUCH
AUTHORIZATION TO CONSTITUTE A VOTER-APPROVED REVENUE CHANGE
WHICH MAY BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT WITHOUT
REGARD TO ANY SPENDING, REVENUE-RAISING, OR OTHER LIMITATION
CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, THE
LIMITS IMPOSED ON INCREASES IN PROPERTY TAXATION BY SECTION 29-1-301,
C.R.S. IN ANY YEAR, OR ANY OTHER LAW WHICH PURPORTS TO LIMIT THE
DISTRICT'S REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS OR AS IT
MAY BE AMENDED IN THE FUTURE, ALL WITHOUT LIMITING IN ANY YEAR THE
AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND
SPENT BY THE DISTRICT?
BALLOT ISSUE ST NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 BALLOT
ISSUE NO. 5U:
SHALL WATEFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 DEBT BE
INCREASED $10,000,000 WITH A REPAYMENT COST OF $30,000,000 OR SUCH
LESSER AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER
LAKE METROPOLITAN DISTRICT NO. 2 TAXES BE INCREASED $10,000,000
ANNUALLY OR SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE
PAYMENT OF SUCH DEBT AND ANY REFUNDING S THEREOF, AT AN INTEREST
RATE THAT IS EQUAL TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE
REFUNDED DEBT, FOR THE PURPOSE OF PAYING, LEASING, FINANCING OR
REIMBURSING ALL OR ANY PART OF THE COSTS OF DESIGNING, ACQUIRING,
CONSTRUCTING, RELOCATING, INSTALLING, COMPLETING AND OTHERWISE
PROVIDING, WITHIN OR WITHOUT THE BOUNDARIES OF THE DISTRICT, STREET
IMPROVEMENTS,INCLUDING BUT NOT LIMITED TO CURBS, GUTTERS, CULVERTS,
AND OTHER DRAINAGE FACILITIES, UNDERGROUND CONDUITS, SIDEWALKS,
TRAILS, PUBLIC PARKING LOTS, STRUCTURES AND FACILITIES, PAVING,
LIGHTING, GRADING, LANDSCAPING, BIKE PATHS AND PEDESTRIAN WAYS,
4
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3546150 04/08,2008 10:58A Weld County, CO
5 of 18 R 81.00 D 0.00 Steve Moreno Clerk & Recorder
PEDESTRIAN OVERPASSES, RETAINING WALLS, FENCING, ENTRY
MONUMENTATION, STREETSCAPING, BRIDGES, OVERPASSES,UNDERPASSES,
INTERCHANGES, MEDIAN ISLANDS, IRRIGATION, AND A SAFETY PROTECTION
SYSTEM THROUGH TRAFFIC AND SAFETY CONTROLS AND DEVICES ON STREETS
AND HIGHWAYS AND AT RAILROAD CROSSINGS, SIGNALIZATION, SIGNING AND
STRIPING, AREA IDENTIFICATION, DRIVER INFORMATION AND DIRECTIONAL
ASSISTANCE SIGNS, TOGETHER WITH ALL NECESSARY, INCIDENTAL, AND
APPURTENANT FACILITIES, EQUIPMENT, LAND AND EASEMENTS AND
EXTENSIONS OF AND IMPROVEMENTS TO SUCH FACILITIES, SUCH DEBT TO BEAR
INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RATE NOT TO EXCEED 15%
PER ANNUM, SUCH INTEREST TO BE PAYABLE AT SUCH TIME OR TIMES, AND
WHICH MAY COMPOUND ANNUALLY OR SEMIANNUALLY, AND SUCH DEBT TO
MATURE, BE SUBJECT TO REDEMPTION WITH OR WITHOUT PREMIUM, AND BE
ISSUED AND SOLD AT, ABOVE OR BELOW PAR, SUCH DEBT TO BE ISSUED OR
INCURRED AT ONE TIME OR FROM TIME TO TIME,TO BE PAID FROM ANY
LEGALLY AVAILABLE REVENUES OF THE DISTRICT, INCLUDING THE PROCEEDS
OF AD VALOREM PROPERTY TAXES; SUCH TAXES TO CONSIST OF AN AD
VALOREM MILL LEVY IMPOSED ON ALL TAXABLE PROPERTY OF THE DISTRICT,
WITHOUT LIMITATION OF RATE OR AMOUNT OR WITH SUCH LIMITATIONS, ALL
OF THE ABOVE AS MAY BE DETERMINED BY THE DISTRICT BOARD OF
DIRECTORS,TO BE USED FOR THE PURPOSE OF PAYING THE PRINCIPAL OF,
PREMIUM IF ANY, AND INTEREST ON SUCH DEBT; AND SHALL THE PROCEEDS OF
ANY SUCH DEBT AND THE REVENUE FROM SUCH TAXES, ANY OTHER REVENUE
USED TO PAY SUCH DEBT, AND INVESTMENT EARNINGS THEREON, BE
COLLECTED, RETAINED AND SPENT BY THE DISTRICT AS A VOTER-APPROVED
REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING,
OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE
COLORADO CONSTITUTION, OR ANY OTHER LAW WHICH PURPORTS TO LIMIT
THE DISTRICT'S REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS OR AS
IT MAY BE AMENDED IN THE FUTURE, AND WITHOUT LIMITING IN ANY YEAR
THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED,RETAINED AND
SPENT BY THE DISTRICT?
BALLOT ISSUE 5U NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 BALLOT
ISSUE NO. 5V:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 DEBT BE
INCREASED $10,000,000 WITH A REPAYMENT COST OF $30,000,000 OR SUCH
5
1111111 11111 1111 IIII 11111 IMF III 11111 IIII
3546150 04/08/2008 10:58A Weld County, CO
6 of 18 R 91.00 D 0.00 Steve Moreno Clerk & Recorder
LESSER AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER
LAKE METROPOLITAN DISTRICT NO. 2 TAXES BE INCREASED $10,000,000
ANNUALLY OR SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE
PAYMENT OF SUCH DEBT AND ANY REFUNDINGS THEREOF, AT AN INTEREST
RATE THAT IS EQUAL TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE
REFUNDED DEBT, FOR THE PURPOSE OF PAYING, LEASING, FINANCING OR
REIMBURSING ALL OR ANY PART OF THE COSTS OF DESIGNING, ACQUIRING,
CONSTRUCTING, RELOCATING, INSTALLING, COMPLETING AND OTHERWISE
PROVIDING, WITHIN OR WITHOUT THE BOUNDARIES OF THE DISTRICT, PARKS
AND RECREATION FACILITIES, IMPROVEMENTS AND PROGRAMS, INCLUDING
BUT NOT LIMITED TO COMMUNITY PARKS, BIKE PATHS AND PEDESTRIAN WAYS,
FENCING, TRAILS,REGIONAL TRAILS, FIELDS, TOT LOTS, OPEN SPACE,
CULTURAL ACTIVITIES, COMMON AREAS, COMMUNITY RECREATION CENTERS,
TENNIS COURTS, OUTDOOR LIGHTING, EVENT FACILITIES, IRRIGATION
FACILITIES, LAKES,WATER BODIES, SWIMMING POOLS, PUBLIC FOUNTAINS AND
SCULPTURES, ART, GARDENS, LANDSCAPING, WEED CONTROL, AND OTHER
ACTIVE AND PASSIVE RECREATIONAL FACILITIES, IMPROVEMENTS AND
PROGRAMS, TOGETHER WITH ALL NECESSARY, INCIDENTAL, AND
APPURTENANT FACILITIES, EQUIPMENT, LAND, EASEMENTS AND EXTENSIONS
OF AND IMPROVEMENTS TO SUCH FACILITIES, SUCH DEBT TO BEAR INTEREST
AT A MAXIMUM NET EFFECTIVE INTEREST RATE NOT TO EXCEED 15% PER
ANNUM, SUCH INTEREST TO BE PAYABLE AT SUCH TIME OR TIMES, AND-W1-HGH
MAY COMPOUND ANNUALLY OR SEMIANNUALLY, AND SUCH DEBT TO MATURE,
BE SUBJECT TO REDEMPTION WITH OR WITHOUT PREMIUM, AND BE ISSUED AND
SOLD AT, ABOVE OR BELOW PAR, SUCH DEBT TO BE ISSUED OR INCURRED AT
ONE TIME OR FROM TIME TO TIME, TO BE PAID FROM ANY LEGALLY AVAILABLE
REVENUES OF THE DISTRICT, INCLUDING THE PROCEEDS OF AD VALOREM
PROPERTY TAXES; SUCH TAXES TO CONSIST OF AN AD VALOREM MILL LEVY
IMPOSED ON ALL TAXABLE PROPERTY OF THE DISTRICT, WITHOUT LIMITATION
OF RATE OR AMOUNT OR WITH SUCH LIMITATIONS, ALL OF THE ABOVE AS MAY
BE DETERMINED BY THE DISTRICT BOARD OF DIRECTORS, TO BE USED FOR THE
PURPOSE OF PAYING THE PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON
SUCH DEBT; AND SHALL THE PROCEEDS OF ANY SUCH DEBT AND THE REVENUE
FROM SUCH TAXES, ANY OTHER REVENUE USED TO PAY SUCH DEBT, AND
INVESTMENT EARNINGS THEREON, BE COLLECTED, RETAINED AND SPENT BY
THE DISTRICT AS A VOTER-APPROVED REVENUE CHANGE, WITHOUT REGARD TO
ANY SPENDING, REVENUE-RAISING, OR OTHER LIMITATION CONTAINED WITHIN
ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, OR ANY OTHER LAW
WHICH PURPORTS TO LIMIT THE DISTRICT'S REVENUES OR EXPENDITURES AS IT
CURRENTLY EXISTS OR AS IT MAY BE AMENDED IN THE FUTURE, AND WITHOUT
LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE
COLLECTED, RETAINED AND SPENT BY THE DISTRICT?
6
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3546150 04/08/2008 10:58A Weld County, CO
7 of 18 R 91.00 0 O.00 Steve Moreno Clerk & Recorder
BALLOT ISSUE 5V NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 BALLOT
ISSUE NO. SW:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 DEBT BE
INCREASED $10,000,000 WITH A REPAYMENT COST OF $30,000,000 OR SUCH
LESSER AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER
LAKE METROPOLITAN DISTRICT NO. 2 TAXES BE INCREASED $10,000,000
ANNUALLY OR SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE
PAYMENT OF SUCH DEBT AND ANY REFUNDINGS THEREOF, AT AN INTEREST
RATE THAT IS EQUAL TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE
REFUNDED DEBT, FOR THE PURPOSE OF PAYING, LEASING, FINANCING OR
REIMBURSING ALL OR ANY PART OF THE COSTS OF DESIGNING, ACQUIRING,
CONSTRUCTING, RELOCATING, INSTALLING, COMPLETING AND OTHERWISE
PROVIDING, WITHIN OR WITHOUT THE BOUNDARIES OF THE DISTRICT, A
POTABLE AND NON-POTABLE WATER SUPPLY, STORAGE, TRANSMISSION AND
DISTRIBUTION SYSTEM FOR DOMESTIC AND OTHER PUBLIC AND PRIVATE
PURPOSES BY ANY AVAILABLE MEANS, AND TO PROVIDE ALL NECESSARY OR
PROPER TREATMENT WORKS AND FACILITIES, EQUIPMENT, AND
APPURTENANCES INCIDENT THERETO, INCLUDING BUT NOT LIMITED TO WELLS,
WATER PUMPS, WATER LINES,WATER FEATURES, PURIFICATION PLANTS, PUMP
STATIONS, TRANSMISSION LINES, DISTRIBUTION MAINS AND LATERALS, FIRE
HYDRANTS, METERS, WATER TAPS, IRRIGATION FACILITIES, CANALS, DITCHES,
WATER RIGHTS, FLUMES, PARTIAL FLUMES, HEADGATES, DROP STRUCTURES,
STORAGE RESERVOIRS AND FACILITIES, TOGETHER WITH ALL NECESSARY,
INCIDENTAL AND APPURTENANT FACILITIES, EQUIPMENT, LAND, EASEMENTS,
AND EXTENSIONS OF AND IMPROVEMENTS TO SUCH FACILITIES, SUCH DEBT TO
BEAR INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RATE NOT TO
EXCEED 15% PER ANNUM, SUCH INTEREST TO BE PAYABLE AT SUCH TIME OR
TIMES, AND WHICH MAY COMPOUND ANNUALLY OR SEMIANNUALLY, AND
SUCH DEBT TO MATURE, BE SUBJECT TO REDEMPTION WITH OR WITHOUT
PREMIUM, AND BE ISSUED AND SOLD AT, ABOVE OR BELOW PAR, SUCH DEBT TO
BE ISSUED OR INCURRED AT ONE TIME OR FROM TIME TO TIME, TO BE PAID
FROM ANY LEGALLY AVAILABLE REVENUES OF THE DISTRICT, INCLUDING THE
PROCEEDS OF AD VALOREM PROPERTY TAXES; SUCH TAXES TO CONSIST OF AN
AD VALOREM MILL LEVY IMPOSED ON ALL TAXABLE PROPERTY OF THE
DISTRICT, WITHOUT LIMITATION OF RATE OR AMOUNT OR WITH SUCH
LIMITATIONS, ALL OF THE ABOVE AS MAY BE DETERMINED BY THE DISTRICT
BOARD OF DIRECTORS,TO BE USED FOR THE PURPOSE OF PAYING THE
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PRINCIPAL OF, PREMIUM IF ANY,AND INTEREST ON SUCH DEBT; AND SHALL
THE PROCEEDS OF ANY SUCH DEBT AND THE REVENUE FROM SUCH TAXES, ANY
OTHER REVENUE USED TO PAY SUCH DEBT, AND INVESTMENT EARNINGS
THEREON, BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT AS A VOTER-
APPROVED REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE-
RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF
THE COLORADO CONSTITUTION, OR ANY OTHER LAW WHICH PURPORTS TO
LIMIT THE DISTRICT'S REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS
OR AS IT MAY BE AMENDED IN THE FUTURE, AND WITHOUT LIMITING IN ANY
YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED
AND SPENT BY THE DISTRICT?
BALLOT ISSUE 5W NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 BALLOT
ISSUE NO. 5X:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 DEBT BE
INCREASED $10,000,000 WITH A REPAYMENT COST OF $30,000,000 OR SUCH
LESSER AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER
LAKE METROPOLITAN DISTRICT NO. 2 TAXES BE INCREASED $10,000,000
ANNUALLY OR SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE
PAYMENT OF SUCH DEBT AND ANY REFUNDINGS THEREOF, AT AN INTEREST
RATE THAT IS EQUAL TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE
REFUNDED DEBT, FOR THE PURPOSE OF PAYING, LEASING, FINANCING OR
REIMBURSING ALL OR ANY PART OF THE COSTS OF DESIGNING, ACQUIRING,
CONSTRUCTING, RELOCATING, INSTALLING, COMPLETING AND OTHERWISE
PROVIDING, WITHIN OR WITHOUT THE BOUNDARIES OF THE DISTRICT, A
SANITATION SYSTEM WHICH MAY CONSIST OF STORM OR SANITARY SEWERS,
OR BOTH, FLOOD AND SURFACE DRAINAGE, TREATMENT AND DISPOSAL WORKS
AND FACILITIES, OR SOLID WASTE DISPOSAL FACILITIES OR WASTE SERVICES,
AND ALL NECESSARY OR PROPER EQUIPMENT AND APPURTENANCES INCIDENT
THERETO,INCLUDING BUT NOT LIMITED TO TREATMENT PLANTS AND
FACILITIES, COLLECTION MAINS AND LATERALS, LIFT STATIONS, TRANSMISSION
LINES, CANALS, SLUDGE HANDLING, REUSE AND DISPOSAL FACILITIES, AND/OR
STORM SEWER, FLOOD AND SURFACE DRAINAGE FACILITIES AND SYSTEMS,
INCLUDING DETENTION/RETENTION PONDS, BOX CULVERTS AND ASSOCIATED
IRRIGATION FACILITIES, EQUIPMENT, LAND, EASEMENTS AND SEWER TAPS, AND
EXTENSIONS OF AND IMPROVEMENTS TO SUCH FACILITIES, SUCH DEBT TO BEAR
INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RATE NOT TO EXCEED 15%
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PER ANNUM, SUCH INTEREST TO BE PAYABLE AT SUCH TIME OR TIMES, AND
WHICH MAY COMPOUND ANNUALLY OR SEMIANNUALLY, AND SUCH DEBT TO
MATURE, BE SUBJECT TO REDEMPTION WITH OR WITHOUT PREMIUM, AND BE
ISSUED AND SOLD AT, ABOVE OR BELOW PAR, SUCH DEBT TO BE ISSUED OR
INCURRED AT ONE TIME OR FROM TIME TO TIME, TO BE PAID FROM ANY
LEGALLY AVAILABLE REVENUES OF THE DISTRICT, INCLUDING THE PROCEEDS
OF AD VALOREM PROPERTY TAXES; SUCH TAXES TO CONSIST OF AN AD
VALOREM MILL LEVY IMPOSED ON ALL TAXABLE PROPERTY OF THE DISTRICT,
WITHOUT LIMITATION OF RATE OR AMOUNT OR WITH SUCH LIMITATIONS, ALL
OF THE ABOVE AS MAY BE DETERMINED BY THE DISTRICT BOARD OF
DIRECTORS, TO BE USED FOR THE PURPOSE OF PAYING THE PRINCIPAL OF,
PREMIUM IF ANY, AND INTEREST ON SUCH DEBT; AND SHALL THE PROCEEDS OF
ANY SUCH DEBT AND THE REVENUE FROM SUCH TAXES, ANY OTHER REVENUE
USED TO PAY SUCH DEBT, AND INVESTMENT EARNINGS THEREON, BE
COLLECTED, RETAINED AND SPENT BY THE DISTRICT AS A VOTER-APPROVED
REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING,
OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE
COLORADO CONSTITUTION, OR ANY OTHER LAW WHICH PURPORTS TO LIMIT
THE DISTRICT'S REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS OR AS
IT MAY BE AMENDED IN THE FUTURE, AND WITHOUT LIMITING IN ANY YEAR
THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND
SPENT BY THE DISTRICT?
BALLOT ISSUE 5X NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 BALLOT
ISSUE NO. SY:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 DEBT BE
INCREASED $10,000,000 WITH A REPAYMENT COST OF $30,000,000 OR SUCH
LESSER AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER
LAKE METROPOLITAN DISTRICT NO. 2 TAXES BE INCREASED $10,000,000
ANNUALLY OR SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE
PAYMENT OF SUCH DEBT AND ANY REFUNDINGS THEREOF, AT AN INTEREST
RATE THAT IS EQUAL TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE
REFUNDED DEBT, FOR THE PURPOSE OF PAYING, LEASING, FINANCING OR
REIMBURSING ALL OR ANY PART OF THE COSTS OF DESIGNING, ACQUIRING,
CONSTRUCTING,RELOCATING, INSTALLING, COMPLETING AND OTHERWISE
PROVIDING, WITHIN OR WITHOUT THE BOUNDARIES OF THE DISTRICT, A SAFETY
PROTECTION SYSTEM OF TRAFFIC AND SAFETY CONTROLS AND DEVICES ON
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STREETS AND HIGHWAYS AND AT RAILROAD CROSSINGS, INCLUDING BUT NOT
LIMITED TO TRAFFIC SIGNALS AND SIGNAGE, AND CONSTRUCTING
UNDERPASSES OR OVERPASSES AT RAILROAD CROSSINGS, TOGETHER WITH ALL
NECESSARY, INCIDENTAL, AND APPURTENANT FACILITIES, EQUIPMENT, LAND,
EASEMENTS AND EXTENSIONS OF AND IMPROVEMENTS TO SUCH FACILITIES,
SUCH DEBT TO BEAR INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RATE
NOT TO EXCEED 15% PER ANNUM, SUCH INTEREST TO BE PAYABLE AT SUCH
TIME OR TIMES, AND WHICH MAY COMPOUND ANNUALLY OR SEMIANNUALLY,
AND SUCH DEBT TO MATURE, BE SUBJECT TO REDEMPTION WITH OR WITHOUT
PREMIUM, AND BE ISSUED AND SOLD AT, ABOVE OR BELOW PAR, SUCH DEBT TO
BE ISSUED OR INCURRED AT ONE TIME OR FROM TIME TO TIME, TO BE PAID
FROM ANY LEGALLY AVAILABLE REVENUES OF THE DISTRICT, INCLUDING THE
PROCEEDS OF AD VALOREM PROPERTY TAXES; SUCH TAXES TO CONSIST OF AN
AD VALOREM MILL LEVY IMPOSED ON ALL TAXABLE PROPERTY OF THE
DISTRICT, WITHOUT LIMITATION OF RATE OR AMOUNT OR WITH SUCH
LIMITATIONS, ALL OF THE ABOVE AS MAY BE DETERMINED BY THE DISTRICT
BOARD OF DIRECTORS,TO BE USED FOR THE PURPOSE OF PAYING THE
PRINCIPAL OF,PREMIUM IF ANY, AND INTEREST ON SUCH DEBT; AND SHALL
THE PROCEEDS OF ANY SUCH DEBT AND THE REVENUE FROM SUCH TAXES, ANY
OTHER REVENUE USED TO PAY SUCH DEBT, AND INVESTMENT EARNINGS
THEREON, BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT AS A VOTER-
APPROVED REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE-
RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF
THE COLORADO CONSTITUTION, OR ANY OTHER LAW WHICH PURPORTS TO
LIMIT THE DISTRICT'S REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS
OR AS IT MAY BE AMENDED IN THE FUTURE, AND WITHOUT LIMITING IN ANY
YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED
AND SPENT BY THE DISTRICT?
BALLOT ISSUE 5Y NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 BALLOT
ISSUE NO. 5Z:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 DEBT BE
INCREASED $100,000 WITH A REPAYMENT COST OF $300,000 OR SUCH LESSER
AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER LAKE
METROPOLITAN DISTRICT NO. 2 TAXES BE INCREASED $100,000 ANNUALLY OR
SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE PAYMENT OF SUCH
DEBT AND ANY REFUNDINGS THEREOF, AT AN INTEREST RATE THAT IS EQUAL
10
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3546150
11 of 18 0410812008.0D R 10:5 Steve Moreno Clerk & Recorder
TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE REFUNDED DEBT, FOR
THE PURPOSE OF PAYING, REIMBURSING, FINANCING OR REFINANCING ALL OR
ANY PART OF THE DISTRICTS OPERATING AND MAINTENANCE EXPENSES, OR
ADVANCES OF OPERATING AND MAINTENANCE EXPENSES MADE TO THE
DISTRICT, SUCH DEBT TO BEAR INTEREST AT A MAXIMUM NET EFFECTIVE
INTEREST RATE NOT TO EXCEED 15% PER ANNUM, SUCH INTEREST TO BE
PAYABLE AT SUCH TIME OR TIMES, AND WHICH MAY COMPOUND ANNUALLY OR
SEMIANNUALLY, SUCH DEBT TO BE INCURRED AT ONE TIME OR FROM TIME TO
TIME AND TO MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT
PREMIUM, AND BE ISSUED AND SOLD AT, ABOVE OR BELOW PAR, AND TO
CONTAIN SUCH TERMS, NOT INCONSISTENT HEREWITH, AND BE MADE PAYABLE
FROM ANY LEGALLY AVAILABLE REVENUES OF THE DISTRICT, INCLUDING
WITHOUT LIMITATION AD VALOREM PROPERTY TAXES LEVIED IN ANY YEAR,
WITHOUT LIMITATION AS TO RATE AND IN AN AMOUNT SUFFICIENT TO PAY THE
PRINCIPAL OF,PREMIUM, IF ANY, AND INTEREST ON THE DEBT WHEN DUE, ALL
OF THE ABOVE AS DETERMINED BY THE DISTRICT BOARD OF DIRECTORS, AND
SHALL THE PROCEEDS OF THE DEBT, THE REVENUES FROM SUCH TAXES, ANY
OTHER REVENUES USED TO PAY THE DEBT, AND ANY EARNINGS FROM THE
INVESTMENT OF SUCH PROCEEDS AND REVENUES BE COLLECTED, RETAINED
AND SPENT BY THE DISTRICT AS A VOTER-APPROVED REVENUE CHANGE,
WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING, OR OTHER
LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO-
CONSTITUTION, OR ANY OTHER LAW WHICH PURPORTS TO LIMIT THE DISTRICT'S
REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS OR AS IT MAY BE
AMENDED IN THE FUTURE, AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT
OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE
DISTRICT?
BALLOT ISSUE 5Z NUMBER OF VOTES
CAST
Yes FIVE (5)
Na ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 BALLOT
ISSUE NO. 5AA:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 DEBT BE
INCREASED $10,000,000 WITH A REPAYMENT COST OF $30,000,000 OR SUCH
LESSER AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER
LAKE METROPOLITAN DISTRICT NO. 2 TAXES BE INCREASED $10,000,000
ANNUALLY OR SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE
PAYMENT OF SUCH DEBT AND ANY REFUNDINGS THEREOF, AT AN INTEREST
RATE THAT IS EQUAL TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE
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REFUNDED DEBT, FOR THE PURPOSE OF REFUNDING, REFINANCING OR
DEFEASING ANY OR ALL OF THE DISTRICT'S DEBT, BUT NOT TO EXCEED THE
MAXIMUM NET EFFECTIVE INTEREST RATE OF 15% PER ANNUM, SUCH INTEREST
TO BE PAYABLE AT SUCH TIME OR TIMES, AND WHICH MAY COMPOUND
ANNUALLY OR SEMIANNUALLY, AND SUCH DEBT TO MATURE, BE SUBJECT TO
REDEMPTION WITH OR WITHOUT PREMIUM, AND BE ISSUED AND SOLD AT,
ABOVE OR BELOW PAR, SUCH DEBT TO BE ISSUED OR INCURRED AT ONE TIME
OR FROM TIME TO TIME, TO BE PAID FROM ANY LEGALLY AVAILABLE
REVENUES OF THE DISTRICT, INCLUDING THE PROCEEDS OF AD VALOREM
PROPERTY TAXES; SUCH TAXES TO CONSIST OF AN AD VALOREM MILL LEVY
IMPOSED ON ALL TAXABLE PROPERTY OF THE DISTRICT, WITHOUT LIMITATION
OF RATE OR AMOUNT OR WITH SUCH LIMITATIONS, ALL OF THE ABOVE AS MAY
BE DETERMINED BY THE DISTRICT BOARD OF DIRECTORS, TO BE USED FOR THE
PURPOSE OF PAYING THE PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON
SUCH DEBT; AND SHALL THE PROCEEDS OF ANY SUCH DEBT AND THE REVENUE
FROM SUCH TAXES, ANY OTHER REVENUE USED TO PAY SUCH DEBT, AND
INVESTMENT EARNINGS THEREON, BE COLLECTED, RETAINED AND SPENT BY
THE DISTRICT AS A VOTER-APPROVED REVENUE CHANGE, WITHOUT REGARD TO
ANY SPENDING, REVENUE-RAISING, OR OTHER LIMITATION CONTAINED WITHIN
ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, OR ANY OTHER LAW
WHICH PURPORTS TO LIMIT THE DISTRICT'S REVENUES OR EXPENDITURES AS IT
CURRENTLY EXISTS OR AS IT MAY BE AMENDED IN THE FUTURE, AND WITHOUT
LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE
COLLECTED, RETAINED AND SPENT BY THE DISTRICT?
BALLOT ISSUE 5AA NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 BALLOT
ISSUE NO. SBB:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 DEBT BE
INCREASED $10,000,000 WITH A REPAYMENT COST OF $30,000,000 OR SUCH
LESSER AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER
LAKE METROPOLITAN DISTRICT NO. 2 TAXES BE INCREASED $10,000,000
ANNUALLY OR SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE
PAYMENT OF SUCH DEBT AND ANY REFUNDING S THEREOF, AT AN INTEREST
RATE THAT IS EQUAL TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE
REFUNDED DEBT, SUCH DEBT TO CONSIST OF INTERGOVERNMENTAL
AGREEMENTS OR OTHER CONTRACTS WITHOUT LIMIT AS TO TERM WITH ONE
OR MORE POLITICAL SUBDIVISIONS OF THE STATE, GOVERNMENTAL UNITS,
12
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13 at 18 R 91.00 D 0.00 Steve Moreno Clerk & Recorder
GOVERNMENTALLY-OWNED ENTERPRISES, OR OTHER PUBLIC ENTITIES, WHICH
CONTRACTS WILL CONSTITUTE MULTIPLE FISCAL YEAR FINANCIAL
OBLIGATIONS AND WHICH WILL OBLIGATE THE DISTRICT TO PAY, REIMBURSE
OR FINANCE THE COSTS OF FINANCING, DESIGNING, ACQUIRING,
CONSTRUCTING, COMPLETING OR OTHERWISE PROVIDING, AND THE COSTS OF
OPERATING AND MAINTAINING, ANY PUBLIC IMPROVEMENT WHICH THE
DISTRICT IS LAWFULLY AUTHORIZED TO PROVIDE, ALL AS MAY BE PROVIDED IN
SUCH CONTRACTS, SUCH CONTRACTS TO BEAR INTEREST AT A MAXIMUM NET
EFFECTIVE INTEREST RATE NOT TO EXCEED 15% PER ANNUM, BE REFINANCED
AT A NET EFFECTIVE INTEREST RATE NOT TO EXCEED THE MAXIMUM NET
EFFECTIVE INTEREST RATE WITHOUT ADDITIONAL VOTER APPROVAL AND
CONTAIN SUCH TERMS,NOT INCONSISTENT HEREWITH, AS THE DISTRICT BOARD
OF DIRECTORS MAY DETERMINE; AND IN CONNECTION THEREWITH SHALL AD
VALOREM PROPERTY TAXES BE LEVIED IN ANY YEAR, WITHOUT LIMITATION AS
TO RATE AND IN AN AMOUNT SUFFICIENT TO PAY THE OBLIGATIONS OF THE
CONTRACTS WHEN DUE, THE PROCEEDS OF THE CONTRACTS,THE REVENUES
FROM ALL TAXES,FROM REVENUE SHARING AGREEMENTS,ANY OTHER
REVENUES USED TO PAY THE CONTRACTS AND ANY EARNINGS FROM THE
INVESTMENT OF SUCH PROCEEDS AND REVENUES BE COLLECTED, RETAINED
AND SPENT BY THE DISTRICT AS A VOTER-APPROVED REVENUE CHANGE,
WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING, OR OTHER
LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADQ
CONSTITUTION, OR ANY OTHER LAW WHICH PURPORTS TO LIMIT THE DISTRICT'S
REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS OR AS IT MAY BE
AMENDED IN THE FUTURE, AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT
OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE
DISTRICT?
BALLOT ISSUE 5BB NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 BALLOT
ISSUE NO. 5CC:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 BE
AUTHORIZED TO ENTER INTO ONE OR MORE INTERGOVERNMENTAL
AGREEMENTS WITH THE STATE OR ONE OR MORE POLITICAL SUBDIVISIONS OF
THE STATE FOR THE PURPOSE OF JOINTLY FINANCING THE COSTS OF ANY
PUBLIC IMPROVEMENTS, FACILITIES, SYSTEMS, PROGRAMS, OR PROJECTS
WHICH THE DISTRICT MAY LAWFULLY PROVIDE, OR FOR THE PURPOSE OF
PROVIDING FOR THE OPERATIONS AND MAINTENANCE OF THE DISTRICT AND ITS
13
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FACILITIES AND PROPERTIES, WHICH AGREEMENT MAY CONSTITUTE A
MULTIPLE FISCAL YEAR FINANCIAL OBLIGATION OF THE DISTRICT TO THE
EXTENT PROVIDED THEREIN AND OTHERWISE AUTHORIZED BY LAW, AND IN
CONNECTION THEREWITH SHALL THE DISTRICT BE AUTHORIZED TO MAKE
COVENANTS REGARDING THE ESTABLISHMENT AND USE OF AD VALOREM
TAXES, RATES, FEES, TOLLS, PENALTIES, AND OTHER CHARGES OR REVENUES OF
THE DISTRICT, AND COVENANTS, REPRESENTATIONS, AND WARRANTIES AS TO
OTHER MATTERS ARISING UNDER THE AGREEMENTS, ALL AS MAY BE
DETERMINED BY THE DISTRICT BOARD OF DIRECTORS?
BALLOT ISSUE 5CC NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 BALLOT
ISSUE NO. 5DD:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 BE
AUTHORIZED TO COLLECT, RETAIN, AND SPEND THE FULL AMOUNT OF ALL
TAXES,TAX INCREMENT REVENUES, PARK FEES, FACILITY FEES, SERVICE-
CHARGES, INSPECTION CHARGES, ADMINISTRATIVE CHARGES, GRANTS OR ANY
OTHER FEE, RATE,TOLL, PENALTY, OR CHARGE AUTHORIZED BY LAW OR
CONTRACT TO BE IMPOSED, COLLECTED OR RECEIVED BY THE DISTRICT
DURING 2008 AND EACH FISCAL YEAR THEREAFTER, SUCH AMOUNTS TO
CONSTITUTE A VOTER-APPROVED REVENUE CHANGE AND BE COLLECTED,
RETAINED AND SPENT BY THE DISTRICT WITHOUT REGARD TO ANY SPENDING,
REVENUE-RAISING, OR OTHER LIMITATION CONTAINED IN ARTICLE X, SECTION
20 OF THE COLORADO CONSTITUTION, THE LIMITS IMPOSED ON INCREASES IN
PROPERTY TAXATION BY SECTION 29-1-301, C.R.S. IN ANY SUBSEQUENT YEAR,
OR ANY OTHER LAW WHICH PURPORTS TO LIMIT THE DISTRICT'S REVENUES OR
EXPENDITURES AS IT CURRENTLY EXISTS OR AS IT MAY BE AMENDED IN THE
FUTURE, AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER
REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT?
BALLOT ISSUE 5DD NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
The following ballots were cast on ballot issues to implement the provisions of Article 27
14
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of Section 29, C.R.S. as applied to the new special district:
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 BALLOT
QUESTION NO. 5EE:
Shall Waterfront at Foster Lake Metropolitan District No. 2 he allowed to engage, offer to
engage or contract with a private provider to engage in the provision of cable television service,
telecommunications service or advanced service to subscribers within the District's service area,
as such services are defined in Section 29-27-201, C.R.S.?
BALLOT QUESTION SEE NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
The following ballots were cast on ballot issues to implement the provisions of Section
11 of Article XVIII of the Colorado Constitution as applied to the new special district:
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2 BALLOT
ISSUE NO. 5FF:
Shall members of the board of directors of Waterfront at Foster Lake Metropolitan District-No: 2
be authorized to serve without limitation on their terms of office pursuant to the right granted to
the voters of the District in Article XVIII, Section 11 of the Colorado Constitution to lengthen,
shorten or eliminate the limitations on the terms of office imposed by such section?
BALLOT QUESTION 5FF NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
AND IT FURTHER appearing that the election was held in accordance with Articles 1 to
13 of Title 1, C.R.S. (the Uniform Election Code of 1992, as amended),Article 1 of Title 32,
C.R.S. (the Special District Act), the Election Rules of the Colorado Secretary of State, Section
20 of Article X of the Colorado Constitution, and other relevant law;
AND IT FURTHER appearing that all of the provisions of law, and more particularly all
of the requirements of Title 32, Article 1, Part 3, Colorado Revised Statutes, as amended, have
been complied with, met and performed, in the organization of the District;
AND the Court being fully advised in the premises, hereby ORDERS AND DECREES
that:
15
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The District has been duly and regularly organized and shall be known as"Waterfront at
Foster Lake Metropolitan District No. 2" in the County of Weld, State of Colorado. The
organization of the "Waterfront at Foster Lake Metropolitan District No. 2" shall be effective as
of the date of this Order as set forth below.
Said District shall be a quasi-municipal corporation and political subdivision of the State
of Colorado with all the powers thereof. The facilities, services, programs, and financial
arrangements of the District shall conform as far as practicable to the approved Service Plan and
Resolution of the Board of County Commissioners of Weld County, Colorado approving the
Service Plan for Waterfront at Foster Lake Metropolitan District No. 2. The approved Service
Plan and Resolution of Approval required by Title 32, Article 1, Part 2, Colorado Revised
Statutes, as amended,previously filed in the within action shall be and the same are hereby
incorporated by reference in this Order, and may be amended in the future as provided by law.
In accordance with Section 32-1-305.5(5), C.R.S., and under the authority of the Clerk of
the Court, the Designated Election Official shall issue certificates of election for the directors
elected.
The Court finds that the ballot questions and ballot issues set forth above passed.
The District consists of approximately 357.376 acres and is located within unincorporated
Weld County, Colorado, as more particularly described as provided in Exhibit A, attached
hereto and incorporated herein by reference.
The Board of Directors shall hereafter take such steps and proceedings as the needs of the
District require.
DATED: December 17, 2007
BY THE COURT:
op d , AA-I Lug,
Daniel S. Maus
District Court Judge
This document was filed pursuant to C'.R.C.P. 121, § 1-26. A printable version of the electronically
signed order is available in the Court's electronic file.
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EXHIBIT A
Legal Description
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 3,
TOWNSHIP 2 NORTH, RANGE 68 WEST AND SECTION 34, TOWNSHIP 3 NORTH,
RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE
OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 34 WHENCE THE WEST
ONE-QUARTER CORNER OF SECTION 34 BEARS SOUTH 00°24'50" EAST 2659.16
FEET, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION;
THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 34 NORTH 89°07'33" EAST 30.01 FEET TO A POINT ON THE EAST RIGHT-OF-
WAY LINE OF WELD COUNTY ROAD NO. 7; THENCE ALONG SAID EAST RIGHT-OF-
WAY LINE SOUTH 00°24'50" EAST 708.42 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 89°59'22" EAST 788.34 FEET; THENCE ALONG THE ARC OF A
CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 800.00 FEET, A
CENTRAL ANGLE OF 17°03'35" AND A CHORD WHICH BEARS NORTH 20°39'30" EAST
237.32),A DISTANCE OF 238.20; THENCE NORTH 29°13'01" EAST 110.87 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A
RADIUS OF 2225.00 FEET,A CENTRAL ANGLE OF 07°07'18" AND A CHORD WHICH
BEARS SOUTH 63°31'39" EAST 276.38), A DISTANCE OF 276.56; THENCE SOUTH
67°05'18" EAST 1517.51 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT
(SAID CURVE HAVING A RADIUS OF 700.00 FEET, A CENTRAL ANGLE OF 89°55'40"
AND A CHORD WHICH BEARS NORTH 67°56'52" EAST 989.33),A DISTANCE OF
1098.67; THENCE NORTH 22°59'02" EAST 338.11 FEET; THENCE ALONG THE ARC OF
A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 800.00 FEET, A
CENTRAL ANGLE OF 66°08'08" AND A CHORD WHICH BEARS NORTH 56°03'06" EAST
873.01), A DISTANCE OF 923.43; THENCE NORTH 89°07'10" EAST 492.80 FEET;
THENCE SOUTH 00°57'01" EAST 25.00 FEET; THENCE SOUTH 89°07'10" WEST 455.00
FEET; THENCE SOUTH 00°56'56" EAST 25.00 FEET; THENCE SOUTH 85°51'25" EAST
456.80 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF INTERSTATE NO.
25; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE SOUTH 00°57'01" EAST
2590.28 FEET; THENCE SOUTH 00°56'51" EAST 267.75 FEET; THENCE SOUTH 13°55'35"
EAST 289.41 FEET; THENCE SOUTH 00°56'51" EAST 1025.00 FEET; THENCE SOUTH
07°07'44" EAST 325.05 FEET; THENCE SOUTH 00°56'51" EAST 494.18 FEET; THENCE
SOUTH 89°03'18" WEST 66.01 FEET; THENCE NORTH 65°01'41" WEST 69.29 FEET;
THENCE SOUTH 00°04'10" WEST 339.78 FEET; THENCE SOUTH 89°47'50" WEST 567.78
FEET; THENCE SOUTH 50°06'50" WEST 440.00 FEET; THENCE SOUTH 73°04'17" WEST
1383.42 FEET; THENCE SOUTH 23°14'50" WEST 55.32 FEET TO A POINT ON THE WEST
LINE OF THE NORTHEAST QUARTER OF SECTION 3; THENCE ALONG SAID WEST
LINE NORTH 00°35'48" EAST 730.38 FEET TO THE SOUTH ONE-QUARTER CORNER
OF SAID SECTION 34; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST
I IIIIII 11111111111 IIII IIHI IIIII IIIIII1 III IIIIII III IHI
3546150 04/08/2008 10:58A Weld County, CO
18 of 18 R 91.00 0 0.00 Steve Moreno Clerk & Recorder
QUARTER OF SECTION 34, NORTH 89°54'46" WEST 520.82 FEET; THENCE NORTH
28°18'59" WEST 737.00 FEET; THENCE NORTH 01°04'15" WEST 2033.10 FEET TO A
POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 34;
THENCE ALONG SAID NORTH LINE NORTH 89°07'20" EAST 817.26 FEET TO THE
CENTER ONE-QUARTER CORNER OF SECTION 34; THENCE NORTH 00°34'36" WEST
1333.53 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SECTION 34; THENCE ALONG THE NORTH LINE OF THE
SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 34 SOUTH 89°26'07"
WEST 2540.06 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD NO. 7; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE,NORTH
00°24'49" WEST 603.07 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 357.376 ACRES, MORE OR LESS.
CERTIFICATE OF RECORDING
IT IS HEREBY CERTIFIED by the undersigned Clerk and Recorder of
the County of Weld, State of Colorado, that a certified copy of the Order and
Decree to Create District of the District Court in and for the County of Weld,
State of Colorado, signed by a judge of said Court on the 17th day of
December, 2007, which Order approves the organization of the
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2
located in Weld County, Colorado, was recorded in my office on the 8th day of
April, 2008, at Reception No. 3546150.
Clerk and Recorder
Weld County, Colorado
Return to: Grimshaw & Harring, PC
1700 Lincoln Street, Suite 3800
Denver, Colorado 80203
Attn: LHL
(00026347.DOC / 1)
CERTIFICATE OF MAILING
IT IS HEREBY CERTIFIED by the undersigned Clerk and Recorder of
the County of Weld, State of Colorado, that on the 6th day of May
2008, a Notice of Organization of Special District with an attached certified
copy of the Order and Decree to Create District for the Waterfront at Foster
Lake Metropolitan District No. 2 was placed in the U.S. Mail to the Division of
Local Government of the State of Colorado and the Office of the Weld County
Assessor pursuant to Section 32-1-105, C.R.S.
ELa
tietemioankianat ;u: / C th i.rd
Weld County, Color . + fr,r)
By: %ice/' ,_ A�... O `
Esther Gesick, Deputy �y �e Board
Return to: Grimshaw & Harring, PC
1700 Lincoln Street, Suite 3800
Denver, Colorado 80203
LHL
00026329.WPD / 1
GRIMSHAW&L TARRING
'
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW rr
WELLSUITE
F R O CENTER 'IT MERITAS
1700 LINCOLN STREET LAW FIRMS WORLDWIDE
DENVER,COLORADO 80203-4538
TELEPHONE(303)839-3800
TELECOPIER (303)839-3838
W W W.O RIMSI IAW IIARRINO.COM
Leslie H. Larsen Ilarsen@grimshawharring.com
303-839-3814 www.grimshawharring.com
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
7006 0100 0005 0743 6342
April 23, 2008
Office of the Clerk and Recorder
Recording Department
Weld County
P.O. Box 459
Greeley, Colorado 80632
Re: Waterfront at Foster Lake Metropolitan District No. 3
Dear Clerk:
I am enclosing the following documents regarding the Order and Decree approving
the organization of the Waterfront at Foster Lake Metropolitan District No. 3:
1. Pursuant to Sections 32-1-105 and 306, C.R.S., the certified copy of an
Order and Decree to Create District of the District Court in and for the
County of Weld, State of Colorado, entered on December 17, 2007,
approving the organization of the Waterfront at Foster Lake Metropolitan
District No. 3 has been recorded in the records of Weld County, Colorado,
on April 8, 2008 at Reception Number 3546149.
2. Pursuant to Section 32-1-105, C.R.S., Notices of Order and Decree to
Create District are to be provided by your office to the Weld County Assessor
and the State of Colorado Division of Local Government. For your
convenience and use, we have prepared two (2) Notices of Organization
of Special District each with an attached copy of the certified copy of the
Order and Decree; two (2) Certificates of Filing to certify that the Assessor
and the Division have received the Notice; two (2) return envelopes for the
return of each Certificate of Filing by the Assessor and the Division; and pre-
addressed envelopes for your use in mailing each Notice to the Assessor
00026155.WPD/1
1 ,
Office of the Clerk and Recorder
April 23, 2008
Page 2
and the Division. Please review and sign the Notices, and mail one to the
Assessor and the other to the Division, along with: (1) a copy of the Order
and Decree (attached to Notice); (2)the respective Certificate of Filing; and
(3) a return envelope.
3. Certificate of Recording which we request that you review, sign, and return
to our office.
4. Certificate of Mailing which we request that you complete, sign, and return
to our office along with the Certificate of Recording. An additional self-
addressed, stamped envelope has been enclosed for this purpose.
Finally, pursuant to Section 32-1-306, C.R.S., enclosed is a copy of the District's
approved Consolidated Service Plan to be retained by your office as a public record for
public inspection.
If you have any questions concerning the enclosed documents, please call me at
(303) 839-3814. Thank you.
Sincerely,
GRIMSHAW & HARRING,
A Professional Corporation
Z
Leslie H. Larsen
Paralegal
Enclosures
00026155.WPD/1
NOTICE OF ORGANIZATION OF SPECIAL DISTRICT
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3
TO THE WELD COUNTY ASSESSOR AND THE DIVISION OF LOCAL GOVERNMENT
OF THE STATE OF COLORADO:
Pursuant to the provisions of Section 32-1-105, Colorado Revised Statutes:
NOTICE IS HEREBY GIVEN that by Order and Decree of the District Court in and
for the County of Weld and State of Colorado, entered on the 17th day of December,2007,
and recorded in the office of the Clerk and Recorder of Weld County on the 8th day of
April, 2008, at Reception Number 3546149, the Waterfront at Foster Lake Metropolitan
District No. 3 is declared organized pursuant to the laws of the State of Colorado thereto
relating. A certified copy of the Order and Decree is attached hereto, which copy includes
a legal description of the newly organized District.
Pursuant to Section 32-1-105, C.R.S., the Clerk and Recorder shall notify the
County Assessor of such action concerning the organization, and a certified copy of this
Notice shall be filed with the Division of Local Government by the Clerk and Recorder.
Certified as of the date written below.
{ SEAL }
L
7Ctrkla[H$ Qdsnz C t k e .•a
Weld County, Colorado (1861 , �
Ma 6 2008 ' 1,
Date
Esther Gesick, Deputy Clerk to the Board
00026173.WPD / 1
1111111111111111111111 IIIII IIIII 1111111 III IIIII IIII IIII
ii 3546'149 04/08/2008 10:57A Weld County, CO
1 of 18 R 91.00 D 0.00 Steve Moreno Clerk& Recorder
EFI LED Document—District Court
DISTRICT COURT, WELD COUNTY, COLORADO 2007O,824
Court Address: Co Weld County District Court 19th JD
Filing Date; Dec 17 2007 11:06AM MST
901 Ninth Avenue Filing ID: 17685489
P. O. Box 2038
Greeley, Colorado 80632
IN RE THE ORGANIZATION OF THE WATERFRONT
AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3,
WELD COUNTY, COLORADO ACOURT USE ONLYA
Case Number:
2007 CV 824
Division: 10
ORDER AND DECREE TO CREATE DISTRICT
THIS MATTER coming for consideration by the Court, and it appearing that the election,
held on the 6th day of November, 2007, at which there was submitted the matter of the
organization of Waterfront at Foster Lake Metropolitan District No, 3 (the "District"), County of
Weld, State of Colorado, the election of Directors for such District, the questions necessary to
implement the provisions of Section 20 of Article X of the Colorado Constitution, and the
question necessary to implement the provisions of Section 11 of Article XVIII of the Colorado
Constitution as applied to the new special district, was duly held by the judges of election
appointed as specified in the Order of Court entered on the 12th day of October, 2007;
AND IT FURTHER appearing that the required Notice of Organizational Election was
duly published in compliance with the aforementioned Order in the Greeley Daily Tribune, a
newspaper of general circulation in the proposed District,by publication as defined in Section
32-1-103(15) and 1-5-207(2), C.R.S. as shown in the Publisher's Affidavit on file in this
proceeding, and further that written notice was duly posted at the office of the Designated
Election Official at least ten days prior to the election and until two days after the election, all in
compliance with law, and the Order of this Court; and that all of said ballots were cast at said
election by eligible electors of the proposed District who were registered to vote pursuant to the
Uniform Election Code of 1992 (parts 1 to 13 of Title 1, C.R.S.), as amended, and who either
had been residents of the proposed District for not less than thirty (30) days, or who or whose
spouse own taxable real or personal property situated within the boundaries of the proposed
District, whether said person resides within the proposed District or not, or who are obligated to
pay taxes under a contract to purchase taxable property within the boundaries of t etpftfPosed.
District. y, t i
That the following qualified persons were duly elected as Directors,gf � l t i t of the
indicated terms following theyear of of the District: Certifier '"
organization l titieand correct
COpy O , .my custody,
Dated
CA 44
Clerk of the Di5'Gitt Court
d County, Colo a o
EiNXI-11/UnA LW
Deputy
1111111 11111 1111IIII1111101111111111 III 11111 III! III
3546149 04/08/2008 10:57A Weld County, CO
2 of 18 R 91.00 D 0.00 Steve Moreno Clerk & Recorder
NAME TERM
Bryan Horan Until the next regular election following organization of the District
Nicolette M. Mills Until the next regular election following organization of the District
David Boten Until the second regular election following organization of the District
Thomas M. Clark Until the second regular election following organization of the District
Linda Sweetman-King Until the second regular election following organization of the District
That the following ballots were cast on the question of organization of the proposed
District:
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 BALLOT
QUESTION NO. 5GG:
Shall the Waterfront at Foster Lake Metropolitan District No. 3 be organized?
BALLOT QUESTION 5GG NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
That the following ballots were cast on ballot issues to implement the provisions of
Section 20 of Article X of the Colorado Constitution as applied to the new special district:
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 BALLOT
ISSUE NO. 5HH:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 TAXES
BE INCREASED $200,000 ANNUALLY OR SUCH LESSER AMOUNT AS NECESSARY
TO PAY THE DISTRICTS ADMINISTRATION AND OPERATIONS AND
MAINTENANCE EXPENSES, BY THE IMPOSITION OF AD VALOREM PROPERTY
TAXES LEVIED IN ANY YEAR, WITHOUT LIMITATION AS TO RATE OR AMOUNT OR
ANY OTHER CONDITION TO PAY SUCH EXPENSES AND SHALL THE PROCEEDS OF
SUCH TAXES AND ANY INVESTMENT INCOME THEREON BE COLLECTED,
RETAINED AND SPENT BY THE DISTRICT IN FISCAL YEAR 2008 AND IN EACH
FISCAL YEAR THEREAFTER FOR AS LONG AS THE DISTRICT CONTINUES IN
EXISTENCE, SUCH AUTHORIZATION TO CONSTITUTE A VOTER-APPROVED
REVENUE CHANGE WHICH MAY BE COLLECTED, RETAINED AND SPENT BY THE
DISTRICT WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING, OR OTHER
LIMITATION CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO
2
h EM11111IDIEIIIIIIIII111111111111 ��� IIIIIliltIIII
3546145 04!0812008 10'57A Weld County, CO
3 of 'i8 R 9?.00 D 0.00 Steve Moreno Clerk & Recorder
CONSTITUTION, THE LIMITS IMPOSED ON INCREASES IN PROPERTY TAXATION
BY SECTION 29-1-301, C.R.S. IN ANY YEAR, OR ANY OTHER LAW WHICH PURPORTS
TO LIMIT THE DISTRICT'S REVENUES OR EXPENDITURES AS IT CURRENTLY
EXISTS OR AS IT MAY BE AMENDED IN THE FUTURE, ALL WITHOUT LIMITING IN
ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED,
RETAINED AND SPENT BY THE DISTRICT?
BALLOT ISSUE 5HH NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 BALLOT
ISSUE NO. 511:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 TAXES
BE INCREASED $200,000 ANNUALLY OR SUCH LESSER AMOUNT AS NECESSARY
TO PAY THE DISTRICT'S ADMINISTRATION AND OPERATIONS AND
MAINTENANCE EXPENSES, BY THE IMPOSITION OF A FEE OR FEES IMPOSED,
WITHOUT LIMITATION AS TO RATE OR AMOUNT OR ANY OTHER CONDITION TO
PAY SUCH EXPENSES AND SHALL THE PROCEEDS OF SUCH FEES AND ANY
INVESTMENT INCOME THEREON BE COLLECTED, RETAINED AND SPENT BY THE
DISTRICT IN FISCAL YEAR 2008 AND IN EACH FISCAL YEAR THEREAFTER FOR AS
LONG AS THE DISTRICT CONTINUES IN EXISTENCE, SUCH AUTHORIZATION TO
CONSTITUTE A VOTER-APPROVED REVENUE CHANGE WHICH MAY BE
COLLECTED, RETAINED AND SPENT BY THE DISTRICT WITHOUT REGARD TO ANY
SPENDING, REVENUE-RAISING, OR OTHER LIMITATION CONTAINED IN ARTICLE
X, SECTION 20 OF THE COLORADO CONSTITUTION,THE LIMITS IMPOSED ON
INCREASES IN PROPERTY TAXATION BY SECTION 29-1-301, C.R.S. IN ANY YEAR,
OR ANY OTHER LAW WHICH PURPORTS TO LIMIT THE DISTRICT'S REVENUES OR
EXPENDITURES AS IT CURRENTLY EXISTS OR AS IT MAY BE AMENDED IN THE
FUTURE, ALL WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER
REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT?
BALLOT ISSUE 5II NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
3
1111111 1111111111 IIII IIIII IIIII 1111111 III IIIII IIII IIII
3546169 04/08/2008 10:57A Weld County, CO
4 of 18 R 91.00 D 0.00 Steve Moreno Clerk & Recorder
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO.3 BALLOT
ISSUE NO. 5JJ:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 TAXES
BE INCREASED $3,000,000 ANNUALLY OR SUCH LESSER AMOUNT AS NECESSARY
FOR THE PAYMENT OF SUCH AMOUNTS DUE PURSUANT TO ONE OR MORE
INTERGOVERNMENTAL AGREEMENTS OR OTHER CONTRACTS, BY THE
IMPOSITION OF AD VALOREM PROPERTY TAXES LEVIED IN ANY YEAR, WITHOUT
LIMITATION AS TO RATE OR AMOUNT OR ANY OTHER CONDITION FOR THE
PAYMENT OF SUCH AMOUNTS DUE, AND SHALL THE PROCEEDS OF SUCH TAXES
AND ANY INVESTMENT INCOME THEREON BE COLLECTED, RETAINED AND
SPENT BY THE DISTRICT IN FISCAL YEAR 2008 AND IN EACH FISCAL YEAR
THEREAFTER FOR AS LONG AS THE DISTRICT CONTINUES IN EXISTENCE, SUCH
AUTHORIZATION TO CONSTITUTE A VOTER-APPROVED REVENUE CHANGE
WHICH MAY BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT WITHOUT
REGARD TO ANY SPENDING, REVENUE-RAISING, OR OTHER LIMITATION
CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, THE
LIMITS IMPOSED ON INCREASES IN PROPERTY TAXATION BY SECTION 29-1-301,
C.R.S. IN ANY YEAR, OR ANY OTHER LAW WHICH PURPORTS TO LIMIT THE
DISTRICT'S REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS OR AS IT
MAY BE AMENDED IN THE FUTURE, ALL WITHOUT LIMITING IN ANY YEAR THE
AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND
SPENT BY THE DISTRICT?
BALLOT ISSUE 5JJ NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 BALLOT
ISSUE NO. 5KK:
SHALL WATEFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 DEBT BE
INCREASED $3,000,000 WITH A REPAYMENT COST OF$9,000,000 OR SUCH LESSER
AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER LAKE
METROPOLITAN DISTRICT NO. 3 TAXES BE INCREASED $3,000,000 ANNUALLY OR
SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE PAYMENT OF SUCH
DEBT AND ANY REFUNDINGS THEREOF, AT AN INTEREST RATE THAT IS EQUAL
TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE REFUNDED DEBT, FOR
THE PURPOSE OF PAYING, LEASING, FINANCING OR REIMBURSING ALL OR ANY
PART OF THE COSTS OF DESIGNING, ACQUIRING, CONSTRUCTING, RELOCATING,
INSTALLING, COMPLETING AND OTHERWISE PROVIDING, WITHIN OR WITHOUT
THE BOUNDARIES OF THE DISTRICT, STREET IMPROVEMENTS, INCLUDING BUT
4
1 IOOIII 111111111111111111111111111111 III 11111 OIII 1001
3546149 04/08/2008 10:57A Weld County, CO
5 of 18 R 91.00 D 0.00 Steve Moreno Clerk & Recorder
NOT LIMITED TO CURBS, GUTTERS, CULVERTS, AND OTHER DRAINAGE
FACILITIES, UNDERGROUND CONDUITS, SIDEWALKS, TRAILS,PUBLIC PARKING
LOTS, STRUCTURES AND FACILITIES, PAVING, LIGHTING, GRADING,
LANDSCAPING, BIKE PATHS AND PEDESTRIAN WAYS, PEDESTRIAN OVERPASSES,
RETAINING WALLS, FENCING, ENTRY MONUMENTATION, STREETSCAPING,
BRIDGES, OVERPASSES, UNDERPASSES, INTERCHANGES, MEDIAN ISLANDS,
IRRIGATION, AND A SAFETY PROTECTION SYSTEM THROUGH TRAFFIC AND
SAFETY CONTROLS AND DEVICES ON STREETS AND HIGHWAYS AND AT
RAILROAD CROSSINGS, SIGNALIZATION, SIGNING AND STRIPING, AREA
IDENTIFICATION, DRIVER INFORMATION AND DIRECTIONAL ASSISTANCE SIGNS,
TOGETHER WITH ALL NECESSARY, INCIDENTAL, AND APPURTENANT FACILITIES,
EQUIPMENT, LAND AND EASEMENTS AND EXTENSIONS OF AND IMPROVEMENTS
TO SUCH FACILITIES, SUCH DEBT TO BEAR INTEREST AT A MAXIMUM NET
EFFECTIVE INTEREST RATE NOT TO EXCEED 15% PER ANNUM, SUCH INTEREST
TO BE PAYABLE AT SUCH TIME OR TIMES, AND WHICH MAY COMPOUND
ANNUALLY OR SEMIANNUALLY, AND SUCH DEBT TO MATURE, BE SUBJECT TO
REDEMPTION WITH OR WITHOUT PREMIUM, AND BE ISSUED AND SOLD AT,
ABOVE OR BELOW PAR, SUCH DEBT TO BE ISSUED OR INCURRED AT ONE TIME
OR FROM TIME TO TIME, TO BE PAID FROM ANY LEGALLY AVAILABLE
REVENUES OF THE DISTRICT, INCLUDING THE PROCEEDS OF AD VALOREM
PROPERTY TAXES; SUCH TAXES TO CONSIST OF AN AD VALOREM MILL LEVY
IMPOSED ON ALL TAXABLE PROPERTY OF THE DISTRICT, WITHOUT LIMITATION
OF RATE OR AMOUNT OR WITH SUCH LIMITATIONS, ALL OF THE ABOVE AS MAY
BE DETERMINED BY THE DISTRICT BOARD OF DIRECTORS, TO BE USED FOR THE
PURPOSE OF PAYING THE PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON
SUCH DEBT; AND SHALL THE PROCEEDS OF ANY SUCH DEBT AND THE REVENUE
FROM SUCH TAXES, ANY OTHER REVENUE USED TO PAY SUCH DEBT, AND
INVESTMENT EARNINGS THEREON, BE COLLECTED, RETAINED AND SPENT BY
THE DISTRICT AS A VOTER-APPROVED REVENUE CHANGE, WITHOUT REGARD TO
ANY SPENDING,REVENUE-RAISING, OR OTHER LIMITATION CONTAINED WITHIN
ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, OR ANY OTHER LAW
WHICH PURPORTS TO LIMIT THE DISTRICT'S REVENUES OR EXPENDITURES AS IT
CURRENTLY EXISTS OR AS IT MAY BE AMENDED IN THE FUTURE, AND WITHOUT
LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE
COLLECTED, RETAINED AND SPENT BY THE DISTRICT?
BALLOT ISSUE 5KK NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
5
11111 11111 111111 IIII 1111 IIIII !111111 III IIIII 1111 11
3546149
:57A Weld
6 of 16 R 91.00 C 0.00 Steve Moreno Clerk & Recorder
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 BALLOT
ISSUE NO. 5LL:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 DEBT BE
INCREASED $3,000,000 WITH A REPAYMENT COST OF $9,000,000 OR SUCH LESSER
AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER LAKE
METROPOLITAN DISTRICT NO. 3 TAXES BE INCREASED $3,000,000 ANNUALLY OR
SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE PAYMENT OF SUCH
DEBT AND ANY REFUNDINGS THEREOF, AT AN INTEREST RATE THAT IS EQUAL
TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE REFUNDED DEBT, FOR
THE PURPOSE OF PAYING, LEASING, FINANCING OR REIMBURSING ALL OR ANY
PART OF THE COSTS OF DESIGNING, ACQUIRING, CONSTRUCTING, RELOCATING,
INSTALLING, COMPLETING AND OTHERWISE PROVIDING, WITHIN OR WITHOUT
THE BOUNDARIES OF THE DISTRICT, PARKS AND RECREATION FACILITIES,
IMPROVEMENTS AND PROGRAMS, INCLUDING BUT NOT LIMITED TO
COMMUNITY PARKS, BIKE PATHS AND PEDESTRIAN WAYS, FENCING, TRAILS,
REGIONAL TRAILS, FIELDS,TOT LOTS, OPEN SPACE, CULTURAL ACTIVITIES,
COMMON AREAS, COMMUNITY RECREATION CENTERS,TENNIS COURTS,
OUTDOOR LIGHTING, EVENT FACILITIES, IRRIGATION FACILITIES, LAKES, WATER
BODIES, SWIMMING POOLS, PUBLIC FOUNTAINS AND SCULPTURES, ART,
GARDENS, LANDSCAPING, WEED CONTROL, AND OTHER ACTIVE AND PASSIVE
RECREATIONAL FACILITIES, IMPROVEMENTS AND PROGRAMS, TOGETHER WITH
ALL NECESSARY, INCIDENTAL, AND APPURTENANT FACILITIES, EQUIPMENT,
LAND, EASEMENTS AND EXTENSIONS OF AND IMPROVEMENTS TO SUCH
FACILITIES, SUCH DEBT TO BEAR INTEREST AT A MAXIMUM NET EFFECTIVE
INTEREST RATE NOT TO EXCEED 15% PER ANNUM, SUCH INTEREST TO BE
PAYABLE AT SUCH TIME OR TIMES, AND WHICH MAY COMPOUND ANNUALLY OR
SEMIANNUALLY, AND SUCH DEBT TO MATURE, BE SUBJECT TO REDEMPTION
WITH OR WITHOUT PREMIUM, AND BE ISSUED AND SOLD AT, ABOVE OR BELOW
PAR, SUCH DEBT TO BE ISSUED OR INCURRED AT ONE TIME OR FROM TIME TO
TIME,TO BE PAID FROM ANY LEGALLY AVAILABLE REVENUES OF THE DISTRICT,
INCLUDING THE PROCEEDS OF AD VALOREM PROPERTY TAXES; SUCH TAXES TO
CONSIST OF AN AD VALOREM MILL LEVY IMPOSED ON ALL TAXABLE PROPERTY
OF THE DISTRICT, WITHOUT LIMITATION OF RATE OR AMOUNT OR WITH SUCH
LIMITATIONS, ALL OF THE ABOVE AS MAY BE DETERMINED BY THE DISTRICT
BOARD OF DIRECTORS,TO BE USED FOR THE PURPOSE OF PAYING THE
PRINCIPAL OF,PREMIUM IF ANY, AND INTEREST ON SUCH DEBT; AND SHALL
THE PROCEEDS OF ANY SUCH DEBT AND THE REVENUE FROM SUCH TAXES, ANY
OTHER REVENUE USED TO PAY SUCH DEBT, AND INVESTMENT EARNINGS
THEREON, BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT AS A VOTER-
APPROVED REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE-
RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF
THE COLORADO CONSTITUTION, OR ANY OTHER LAW WHICH PURPORTS TO
LIMIT THE DISTRICT'S REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS
6
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3546149 04/08/2008 10:57A Weld County, CO
7 of 18 R 91.00 D 0.00 Steve Moreno Clerk & Recorder
OR AS IT MAY BE AMENDED IN THE FUTURE, AND WITHOUT LIMITING IN ANY
YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED
AND SPENT BY THE DISTRICT?
BALLOT ISSUE 5LL NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
7
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3546149 04108/2008 10:57A Weld County, CO
8 of 18 R 91.00 D 0.00 Steve Moreno Clerk & Recorder
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 BALLOT
ISSUE NO. 5MM:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 DEBT BE
INCREASED $3,000,000 WITH A REPAYMENT COST OF$9,000,000 OR SUCH LESSER
AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER LAKE
METROPOLITAN DISTRICT NO. 3 TAXES BE INCREASED $3,000,000 ANNUALLY OR
SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE PAYMENT OF SUCH
DEBT AND ANY REFUNDINGS THEREOF, AT AN INTEREST RATE THAT IS EQUAL
TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE REFUNDED DEBT, FOR
THE PURPOSE OF PAYING, LEASING, FINANCING OR REIMBURSING ALL OR ANY
PART OF THE COSTS OF DESIGNING, ACQUIRING, CONSTRUCTING, RELOCATING,
INSTALLING, COMPLETING AND OTHERWISE PROVIDING, WITHIN OR WITHOUT
THE BOUNDARIES OF THE DISTRICT, A POTABLE AND NON-POTABLE WATER
SUPPLY, STORAGE, TRANSMISSION AND DISTRIBUTION SYSTEM FOR DOMESTIC
AND OTHER PUBLIC AND PRIVATE PURPOSES BY ANY AVAILABLE MEANS, AND
TO PROVIDE ALL NECESSARY OR PROPER TREATMENT WORKS AND FACILITIES,
EQUIPMENT, AND APPURTENANCES INCIDENT THERETO, INCLUDING BUT NOT
LIMITED TO WELLS, WATER PUMPS, WATER LINES,WATER FEATURES,
PURIFICATION PLANTS, PUMP STATIONS, TRANSMISSION LINES, DISTRIBUTION
MAINS AND LATERALS, FIRE HYDRANTS, METERS, WATER TAPS, IRRIGATION
FACILITIES, CANALS, DITCHES, WATER RIGHTS, FLUMES, PARTIAL FLUMES,
HEADGATES, DROP STRUCTURES, STORAGE RESERVOIRS AND FACILITIES,
TOGETHER WITH ALL NECESSARY, INCIDENTAL AND APPURTENANT FACILITIES,
EQUIPMENT, LAND, EASEMENTS, AND EXTENSIONS OF AND IMPROVEMENTS TO
SUCH FACILITIES, SUCH DEBT TO BEAR INTEREST AT A MAXIMUM NET
EFFECTIVE INTEREST RATE NOT TO EXCEED 15%PER ANNUM, SUCH INTEREST
TO BE PAYABLE AT SUCH TIME OR TIMES, AND WHICH MAY COMPOUND
ANNUALLY OR SEMIANNUALLY, AND SUCH DEBT TO MATURE, BE SUBJECT TO
REDEMPTION WITH OR WITHOUT PREMIUM, AND BE ISSUED AND SOLD AT,
ABOVE OR BELOW PAR, SUCH DEBT TO BE ISSUED OR INCURRED AT ONE TIME
OR FROM TIME TO TIME, TO BE PAID FROM ANY LEGALLY AVAILABLE
REVENUES OF THE DISTRICT, INCLUDING THE PROCEEDS OF AD VALOREM
PROPERTY TAXES; SUCH TAXES TO CONSIST OF AN AD VALOREM MILL LEVY
IMPOSED ON ALL TAXABLE PROPERTY OF THE DISTRICT, WITHOUT LIMITATION
OF RATE OR AMOUNT OR WITH SUCH LIMITATIONS, ALL OF THE ABOVE AS MAY
BE DETERMINED BY THE DISTRICT BOARD OF DIRECTORS, TO BE USED FOR THE
PURPOSE OF PAYING THE PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON
SUCH DEBT; AND SHALL THE PROCEEDS OF ANY SUCH DEBT AND THE REVENUE
FROM SUCH TAXES, ANY OTHER REVENUE USED TO PAY SUCH DEBT, AND
INVESTMENT EARNINGS THEREON,BE COLLECTED, RETAINED AND SPENT BY
THE DISTRICT AS A VOTER-APPROVED REVENUE CHANGE, WITHOUT REGARD TO
ANY SPENDING, REVENUE-RAISING, OR OTHER LIMITATION CONTAINED WITHIN
ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, OR ANY OTHER LAW
WHICH PURPORTS TO LIMIT THE DISTRICT'S REVENUES OR EXPENDITURES AS IT
8
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3546149 04/08/2008 10:57A Weld County, CO
9 of 18 R 91.00 0 0.00 Steve Moreno Clerk & Recorder
CURRENTLY EXISTS OR AS IT MAY BE AMENDED IN THE FUTURE, AND WITHOUT
LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE
COLLECTED, RETAINED AND SPENT BY THE DISTRICT?
BALLOT ISSUE 5MM NUMBER OF VOTES
CAST
Yes FIVE (5)
•
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 BALLOT
ISSUE NO. 5NN:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 DEBT BE
INCREASED $3,000,000 WITH A REPAYMENT COST OF $9,000,000 OR SUCH LESSER
AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER LAKE
METROPOLITAN DISTRICT NO. 3 TAXES BE INCREASED $3,000,000 ANNUALLY OR
SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE PAYMENT OF SUCH
DEBT AND ANY REFUNDINGS THEREOF, AT AN INTEREST RATE THAT IS EQUAL
TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE REFUNDED DEBT, FOR
THE PURPOSE OF PAYING, LEASING, FINANCING OR REIMBURSING ALL OR ANY
PART OF THE COSTS OF DESIGNING, ACQUIRING, CONSTRUCTING, RELOCATING,
INSTALLING, COMPLETING AND OTHERWISE PROVIDING, WITHIN OR WITHOUT
THE BOUNDARIES OF THE DISTRICT, A SANITATION SYSTEM WHICH MAY
CONSIST OF STORM OR SANITARY SEWERS, OR BOTH, FLOOD AND SURFACE
DRAINAGE, TREATMENT AND DISPOSAL WORKS AND FACILITIES, OR SOLID
WASTE DISPOSAL FACILITIES OR WASTE SERVICES, AND ALL NECESSARY OR
PROPER EQUIPMENT AND APPURTENANCES INCIDENT THERETO, INCLUDING BUT
NOT LIMITED TO TREATMENT PLANTS AND FACILITIES, COLLECTION MAINS AND
LATERALS, LIFT STATIONS, TRANSMISSION LINES, CANALS, SLUDGE HANDLING,
REUSE AND DISPOSAL FACILITIES, AND/OR STORM SEWER, FLOOD AND SURFACE
DRAINAGE FACILITIES AND SYSTEMS, INCLUDING DETENTION/RETENTION
PONDS, BOX CULVERTS AND ASSOCIATED IRRIGATION FACILITIES, EQUIPMENT,
LAND, EASEMENTS AND SEWER TAPS, AND EXTENSIONS OF AND
IMPROVEMENTS TO SUCH FACILITIES, SUCH DEBT TO BEAR INTEREST AT A
MAXIMUM NET EFFECTIVE INTEREST RATE NOT TO EXCEED 15% PER ANNUM,
SUCH INTEREST TO BE PAYABLE AT SUCH TIME OR TIMES, AND WHICH MAY
COMPOUND ANNUALLY OR SEMIANNUALLY, AND SUCH DEBT TO MATURE, BE
SUBJECT TO REDEMPTION WITH OR WITHOUT PREMIUM, AND BE ISSUED AND
SOLD AT, ABOVE OR BELOW PAR, SUCH DEBT TO BE ISSUED OR INCURRED AT
ONE TIME OR FROM TIME TO TIME, TO BE PAID FROM ANY LEGALLY AVAILABLE
REVENUES OF THE DISTRICT, INCLUDING THE PROCEEDS OF AD VALOREM
PROPERTY TAXES; SUCH TAXES TO CONSIST OF AN AD VALOREM MILL LEVY
IMPOSED ON ALL TAXABLE PROPERTY OF THE DISTRICT, WITHOUT LIMITATION
9
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10 of 18 R 91.00 D 0.00 Steve Moreno Clerk & Recorder
OF RATE OR AMOUNT OR WITH SUCH LIMITATIONS, ALL OF THE ABOVE AS MAY
BE DETERMINED BY THE DISTRICT BOARD OF DIRECTORS, TO BE USED FOR THE
PURPOSE OF PAYING THE PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON
SUCH DEBT; AND SHALL THE PROCEEDS OF ANY SUCH DEBT AND THE REVENUE
FROM SUCH TAXES, ANY OTHER REVENUE USED TO PAY SUCH DEBT, AND
INVESTMENT EARNINGS THEREON, BE COLLECTED, RETAINED AND SPENT BY
THE DISTRICT AS A VOTER-APPROVED REVENUE CHANGE, WITHOUT REGARD TO
ANY SPENDING, REVENUE-RAISING, OR OTHER LIMITATION CONTAINED WITHIN
ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, OR ANY OTHER LAW
WHICH PURPORTS TO LIMIT THE DISTRICT'S REVENUES OR EXPENDITURES AS IT
CURRENTLY EXISTS OR AS IT MAY BE AMENDED IN THE FUTURE, AND WITHOUT
LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE
COLLECTED, RETAINED AND SPENT BY THE DISTRICT?
BALLOT ISSUE 5NN NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 BALLOT
ISSUE NO. 5OO:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 DEBT BE
INCREASED $3,000,000 WITH A REPAYMENT COST OF $9,000,000 OR SUCH LESSER
AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER LAKE
METROPOLITAN DISTRICT NO. 3 TAXES BE INCREASED $3,000,000 ANNUALLY OR
SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE PAYMENT OF SUCH
DEBT AND ANY REFUNDINGS THEREOF, AT AN INTEREST RATE THAT IS EQUAL
TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE REFUNDED DEBT, FOR
THE PURPOSE OF PAYING, LEASING, FINANCING OR REIMBURSING ALL OR ANY
PART OF THE COSTS OF DESIGNING, ACQUIRING, CONSTRUCTING, RELOCATING,
INSTALLING, COMPLETING AND OTHERWISE PROVIDING, WITHIN OR WITHOUT
THE BOUNDARIES OF THE DISTRICT, A SAFETY PROTECTION SYSTEM OF TRAFFIC
AND SAFETY CONTROLS AND DEVICES ON STREETS AND HIGHWAYS AND AT
RAILROAD CROSSINGS, INCLUDING BUT NOT LIMITED TO TRAFFIC SIGNALS AND
SIGNAGE, AND CONSTRUCTING UNDERPASSES OR OVERPASSES AT RAILROAD
CROSSINGS, TOGETHER WITH ALL NECESSARY, INCIDENTAL, AND
APPURTENANT FACILITIES, EQUIPMENT, LAND, EASEMENTS AND EXTENSIONS
OF AND IMPROVEMENTS TO SUCH FACILITIES, SUCH DEBT TO BEAR INTEREST
AT A MAXIMUM NET EFFECTIVE INTEREST RATE NOT TO EXCEED 15% PER
ANNUM, SUCH INTEREST TO BE PAYABLE AT SUCH TIME OR TIMES, AND WHICH
MAY COMPOUND ANNUALLY OR SEMIANNUALLY, AND SUCH DEBT TO MATURE,
BE SUBJECT TO REDEMPTION WITH OR WITHOUT PREMIUM, AND BE ISSUED AND
10
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11 of 18 R 91.00 D 0.00 Steve Moreno Clerk & Recorder
SOLD AT, ABOVE OR BELOW PAR, SUCH DEBT TO BE ISSUED OR INCURRED AT
ONE TIME OR FROM TIME TO TIME, TO BE PAID FROM ANY LEGALLY AVAILABLE
REVENUES OF THE DISTRICT, INCLUDING THE PROCEEDS OF AD VALOREM
PROPERTY TAXES; SUCH TAXES TO CONSIST OF AN AD VALOREM MILL LEVY
IMPOSED ON ALL TAXABLE PROPERTY OF THE DISTRICT, WITHOUT LIMITATION
OF RATE OR AMOUNT OR WITH SUCH LIMITATIONS, ALL OF THE ABOVE AS MAY
BE DETERMINED BY THE DISTRICT BOARD OF DIRECTORS, TO BE USED FOR THE
PURPOSE OF PAYING THE PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON
SUCH DEBT; AND SHALL THE PROCEEDS OF ANY SUCH DEBT AND THE REVENUE
FROM SUCH TAXES, ANY OTHER REVENUE USED TO PAY SUCH DEBT, AND
INVESTMENT EARNINGS THEREON, BE COLLECTED, RETAINED AND SPENT BY
THE DISTRICT AS A VOTER-APPROVED REVENUE CHANGE, WITHOUT REGARD TO
ANY SPENDING, REVENUE-RAISING, OR OTHER LIMITATION CONTAINED WITHIN
ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, OR ANY OTHER LAW
WHICH PURPORTS TO LIMIT THE DISTRICTS REVENUES OR EXPENDITURES AS IT
CURRENTLY EXISTS OR AS IT MAY BE AMENDED IN THE FUTURE, AND WITHOUT
LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE
COLLECTED, RETAINED AND SPENT BY THE DISTRICT?
BALLOT ISSUE 5OO NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 BALLOT
ISSUE NO. 5PP:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 DEBT BE
INCREASED $100,000 WITH A REPAYMENT COST OF $300,000 OR SUCH LESSER
AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER LAKE
METROPOLITAN DISTRICT NO. 3 TAXES BE INCREASED $100,000 ANNUALLY OR
SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE PAYMENT OF SUCH
DEBT AND ANY REFUNDINGS THEREOF, AT AN INTEREST RATE THAT IS EQUAL
TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE REFUNDED DEBT, FOR
THE PURPOSE OF PAYING, REIMBURSING, FINANCING OR REFINANCING ALL OR
ANY PART OF THE DISTRICT'S OPERATING AND MAINTENANCE EXPENSES, OR
ADVANCES OF OPERATING AND MAINTENANCE EXPENSES MADE TO THE
DISTRICT, SUCH DEBT TO BEAR INTEREST AT A MAXIMUM NET EFFECTIVE
INTEREST RATE NOT TO EXCEED 15% PER ANNUM, SUCH INTEREST TO BE
PAYABLE AT SUCH TIME OR TIMES, AND WHICH MAY COMPOUND ANNUALLY OR
SEMIANNUALLY, SUCH DEBT TO BE INCURRED AT ONE TIME OR FROM TIME TO
11
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12 of 18 R 91.00 D 0.00 Steve Moreno Clerk & Recorder
TIME AND TO MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT
PREMIUM, AND BE ISSUED AND SOLD AT, ABOVE OR BELOW PAR, AND TO
CONTAIN SUCH TERMS, NOT INCONSISTENT HEREWITH, AND BE MADE PAYABLE
FROM ANY LEGALLY AVAILABLE REVENUES OF THE DISTRICT, INCLUDING
WITHOUT LIMITATION AD VALOREM PROPERTY TAXES LEVIED IN ANY YEAR,
WITHOUT LIMITATION AS TO RATE AND IN AN AMOUNT SUFFICIENT TO PAY THE
PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THE DEBT WHEN DUE, ALL
OF THE ABOVE AS DETERMINED BY THE DISTRICT BOARD OF DIRECTORS, AND
SHALL THE PROCEEDS OF THE DEBT, THE REVENUES FROM SUCH TAXES, ANY
OTHER REVENUES USED TO PAY THE DEBT, AND ANY EARNINGS FROM THE
INVESTMENT OF SUCH PROCEEDS AND REVENUES BE COLLECTED, RETAINED
AND SPENT BY THE DISTRICT AS A VOTER-APPROVED REVENUE CHANGE,
WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING, OR OTHER
LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION, OR ANY OTHER LAW WHICH PURPORTS TO LIMIT THE DISTRICT'S
REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS OR AS IT MAY BE
AMENDED IN THE FUTURE, AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT
OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE
DISTRICT?
BALLOT ISSUE 5PP NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 BALLOT
ISSUE NO. 5QQ:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 DEBT BE
INCREASED $3,000,000 WITH A REPAYMENT COST OF $9,000,000 OR SUCH LESSER
AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER LAKE
METROPOLITAN DISTRICT NO. 3 TAXES BE INCREASED $3,000,000 ANNUALLY OR
SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE PAYMENT OF SUCH
DEBT AND ANY REFUNDINGS THEREOF, AT AN INTEREST RATE THAT IS EQUAL
TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE REFUNDED DEBT, FOR
THE PURPOSE OF REFUNDING, REFINANCING OR DEFEASING ANY OR ALL OF THE
DISTRICT'S DEBT, BUT NOT TO EXCEED THE MAXIMUM NET EFFECTIVE INTEREST
RATE OF 15%PER ANNUM, SUCH INTEREST TO BE PAYABLE AT SUCH TIME OR
TIMES, AND WHICH MAY COMPOUND ANNUALLY OR SEMIANNUALLY, AND
SUCH DEBT TO MATURE, BE SUBJECT TO REDEMPTION WITH OR WITHOUT
PREMIUM, AND BE ISSUED AND SOLD AT, ABOVE OR BELOW PAR, SUCH DEBT TO
BE ISSUED OR INCURRED AT ONE TIME OR FROM TIME TO TIME, TO BE PAID
FROM ANY LEGALLY AVAILABLE REVENUES OF THE DISTRICT, INCLUDING THE
12
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3546149 04/08/2008 10:57A Weld County, CO
13 of 18 R 91.00 0 0.00 Steve Moreno Clerk & Recorder
PROCEEDS OF AD VALOREM PROPERTY TAXES; SUCH TAXES TO CONSIST OF AN
AD VALOREM MILL LEVY IMPOSED ON ALL TAXABLE PROPERTY OF THE
DISTRICT, WITHOUT LIMITATION OF RATE OR AMOUNT OR WITH SUCH
LIMITATIONS, ALL OF THE ABOVE AS MAY BE DETERMINED BY THE DISTRICT
BOARD OF DIRECTORS, TO BE USED FOR THE PURPOSE OF PAYING THE
PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON SUCH DEBT; AND SHALL THE
PROCEEDS OF ANY SUCH DEBT AND THE REVENUE FROM SUCH TAXES, ANY
OTHER REVENUE USED TO PAY SUCH DEBT, AND INVESTMENT EARNINGS
THEREON, BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT AS A VOTER-
APPROVED REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE-
RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF
THE COLORADO CONSTITUTION, OR ANY OTHER LAW WHICH PURPORTS TO
LIMIT THE DISTRICT'S REVENUES OR EXPENDITURES AS IT CURRENTLY EXISTS
OR AS IT MAY BE AMENDED IN THE FUTURE, AND WITHOUT LIMITING IN ANY
YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED, RETAINED
AND SPENT BY THE DISTRICT?
BALLOT ISSUE 5QQ NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 BALLOT
ISSUE NO. 5RR:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 DEBT BE
INCREASED $3,000,000 WITH A REPAYMENT COST OF $9,000,000 OR SUCH LESSER
AMOUNT AS MAY BE NECESSARY, AND SHALL WATERFRONT AT FOSTER LAKE
METROPOLITAN DISTRICT NO. 3 TAXES BE INCREASED $3,000,000 ANNUALLY OR
SUCH LESSER AMOUNT AS MAY BE NECESSARY FOR THE PAYMENT OF SUCH
DEBT AND ANY REFUNDINGS THEREOF, AT AN INTEREST RATE THAT IS EQUAL
TO, LOWER OR HIGHER THAN THE INTEREST RATE ON THE REFUNDED DEBT,
SUCH DEBT TO CONSIST OF INTERGOVERNMENTAL AGREEMENTS OR OTHER
CONTRACTS WITHOUT LIMIT AS TO TERM WITH ONE OR MORE POLITICAL
SUBDIVISIONS OF THE STATE, GOVERNMENTAL UNITS, GOVERNMENTALLY-
OWNED ENTERPRISES, OR OTHER PUBLIC ENTITIES, WHICH CONTRACTS WILL
CONSTITUTE MULTIPLE FISCAL YEAR FINANCIAL OBLIGATIONS AND WHICH
WILL OBLIGATE THE DISTRICT TO PAY, REIMBURSE OR FINANCE THE COSTS OF
FINANCING, DESIGNING, ACQUIRING, CONSTRUCTING, COMPLETING OR
OTHERWISE PROVIDING, AND THE COSTS OF OPERATING AND MAINTAINING,
ANY PUBLIC IMPROVEMENT WHICH THE DISTRICT IS LAWFULLY AUTHORIZED
TO PROVIDE, ALL AS MAY BE PROVIDED IN SUCH CONTRACTS, SUCH
CONTRACTS TO BEAR INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RATE
13
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3546149 04/08/2008 10:57A Weld County, CD
14 of 18 R 91.0J D 0.00 Steve Moreno Clerk & Recorder
NOT TO EXCEED 15% PER ANNUM, BE REFINANCED AT A NET EFFECTIVE
INTEREST RATE NOT TO EXCEED THE MAXIMUM NET EFFECTIVE INTEREST RATE
WITHOUT ADDITIONAL VOTER APPROVAL AND CONTAIN SUCH TERMS, NOT
INCONSISTENT HEREWITH, AS THE DISTRICT BOARD OF DIRECTORS MAY
DETERMINE; AND IN CONNECTION THEREWITH SHALL AD VALOREM PROPERTY
TAXES BE LEVIED IN ANY YEAR, WITHOUT LIMITATION AS TO RATE AND IN AN
AMOUNT SUFFICIENT TO PAY THE OBLIGATIONS OF THE CONTRACTS WHEN
DUE, THE PROCEEDS OF THE CONTRACTS, THE REVENUES FROM ALL TAXES,
FROM REVENUE SHARING AGREEMENTS, ANY OTHER REVENUES USED TO PAY
THE CONTRACTS AND ANY EARNINGS FROM THE INVESTMENT OF SUCH
PROCEEDS AND REVENUES BE COLLECTED, RETAINED AND SPENT BY THE
DISTRICT AS A VOTER-APPROVED REVENUE CHANGE, WITHOUT REGARD TO
ANY SPENDING, REVENUE-RAISING, OR OTHER LIMITATION CONTAINED WITHIN
ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, OR ANY OTHER LAW
WHICH PURPORTS TO LIMIT THE DISTRICT'S REVENUES OR EXPENDITURES AS IT
CURRENTLY EXISTS OR AS IT MAY BE AMENDED IN THE FUTURE, AND WITHOUT
LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE
COLLECTED, RETAINED AND SPENT BY THE DISTRICT?
BALLOT ISSUE 5RR NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 BALLOT
ISSUE NO. 5SS:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 BE
AUTHORIZED TO ENTER INTO ONE OR MORE INTERGOVERNMENTAL
AGREEMENTS WITH THE STATE OR ONE OR MORE POLITICAL SUBDIVISIONS OF
THE STATE FOR THE PURPOSE OF JOINTLY FINANCING THE COSTS OF ANY
PUBLIC IMPROVEMENTS, FACILITIES, SYSTEMS, PROGRAMS, OR PROJECTS
WHICH THE DISTRICT MAY LAWFULLY PROVIDE, OR FOR THE PURPOSE OF
PROVIDING FOR THE OPERATIONS AND MAINTENANCE OF THE DISTRICT AND ITS
FACILITIES AND PROPERTIES, WHICH AGREEMENT MAY CONSTITUTE A
MULTIPLE FISCAL YEAR FINANCIAL OBLIGATION OF THE DISTRICT TO THE
EXTENT PROVIDED THEREIN AND OTHERWISE AUTHORIZED BY LAW, AND IN
CONNECTION THEREWITH SHALL THE DISTRICT BE AUTHORIZED TO MAKE
COVENANTS REGARDING THE ESTABLISHMENT AND USE OF AD VALOREM
TAXES, RATES, FEES, TOLLS, PENALTIES, AND OTHER CHARGES OR REVENUES OF
THE DISTRICT, AND COVENANTS, REPRESENTATIONS, AND WARRANTIES AS TO
OTHER MATTERS ARISING UNDER THE AGREEMENTS, ALL AS MAY BE
DETERMINED BY THE DISTRICT BOARD OF DIRECTORS?
14
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3546149 04/08/2008 10:57A Weld County, CO
15 of 18 R 91.00 D 0.00 Steve Moreno Clerk & Recorder
BALLOT ISSUE 5SS NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO.3 BALLOT
ISSUE NO. 5TT:
SHALL WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 BE
AUTHORIZED TO COLLECT, RETAIN, AND SPEND THE FULL AMOUNT OF ALL
TAXES, TAX INCREMENT REVENUES, PARK FEES, FACILITY FEES, SERVICE
CHARGES, INSPECTION CHARGES, ADMINISTRATIVE CHARGES, GRANTS OR ANY
OTHER FEE, RATE, TOLL, PENALTY, OR CHARGE AUTHORIZED BY LAW OR
CONTRACT TO BE IMPOSED, COLLECTED OR RECEIVED BY THE DISTRICT
DURING 2008 AND EACH FISCAL YEAR THEREAFTER, SUCH AMOUNTS TO
CONSTITUTE A VOTER-APPROVED REVENUE CHANGE AND BE COLLECTED,
RETAINED AND SPENT BY THE DISTRICT WITHOUT REGARD TO ANY SPENDING,
REVENUE-RAISING, OR OTHER LIMITATION CONTAINED IN ARTICLE X, SECTION
20 OF THE COLORADO CONSTITUTION, THE LIMITS IMPOSED ON INCREASES IN
PROPERTY TAXATION BY SECTION 29-1-301, C.R.S. IN ANY SUBSEQUENT YEAR,
OR ANY OTHER LAW WHICH PURPORTS TO LIMIT THE DISTRICT'S REVENUES OR
EXPENDITURES AS IT CURRENTLY EXISTS OR AS IT MAY BE AMENDED IN THE
FUTURE, AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER
REVENUES THAT MAY BE COLLECTED, RETAINED AND SPENT BY THE DISTRICT?
BALLOT ISSUE 5TT NUMBER OF VOTES
CAST
Yes FIVE(5)
No ZERO (0)
The following ballots were cast on ballot issues to implement the provisions of Article 27
of Section 29, C.R.S. as applied to the new special district:
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO.3 BALLOT
QUESTION NO. 5UU:
Shall Waterfront at Foster Lake Metropolitan District No. 3 be allowed to engage, offer to
engage or contract with a private provider to engage in the provision of cable television service,
telecommunications service or advanced service to subscribers within the District's service area,
as such services are defined in Section 29-27-201, C.R.S.?
15
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3546149 04/08/2008 10:57A Weld County, CO
16 of 18 R 91.00 D 0.00 Steve Moreno Clerk& Recorder
BALLOT QUESTION 5UU NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
The following ballots were cast on ballot issues to implement the provisions of Section
11 of Article XVIII of the Colorado Constitution as applied to the new special district:
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3 BALLOT
QUESTION NO. 5VV:
Shall members of the board of directors of Waterfront at Foster Lake Metropolitan District No. 3
be authorized to serve without limitation on their terms of office pursuant to the right granted to
the voters of the District in Article XVIII, Section 11 of the Colorado Constitution to lengthen,
shorten or eliminate the limitations on the terms of office imposed by such section?
BALLOT QUESTION 5VV NUMBER OF VOTES
CAST
Yes FIVE (5)
No ZERO (0)
AND IT FURTHER appearing that the election was held in accordance with Articles 1 to
13 of Title 1, C.R.S. (the Uniform Election Code of 1992, as amended), Article 1 of Title 32,
C.R.S. (the Special District Act), the Election Rules of the Colorado Secretary of State, Section
20 of Article X of the Colorado Constitution, and other relevant law;
AND IT FURTHER appearing that all of the provisions of law, and more particularly all
of the requirements of Title 32, Article 1, Part 3, Colorado Revised Statutes, as amended, have
been complied with, met and performed, in the organization of the District;
AND the Court being fully advised in the premises, hereby ORDERS AND DECREES
that:
The District has been duly and regularly organized and shall be known as "Waterfront at
Foster Lake Metropolitan District No. 3" in the County of Weld, State of Colorado. The
organization of the"Waterfront at Foster Lake Metropolitan District No. 3" shall be effective as
of the date of this Order as set forth below.
Said District shall he a quasi-municipal corporation and political subdivision of the State
of Colorado with all the powers thereof. The facilities, services,programs, and financial
arrangements of the District shall conform as far as practicable to the approved Service Plan and
Resolution of the Board of County Commissioners of Weld County, Colorado approving the
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3546149 04/08/2008 10:57A Weld County, CO
17 of 18 R 91.00 0 0.00 Steve Moreno Clerk & Recorder
Service Plan for Waterfront at Foster Lake Metropolitan District No. 3. The approved Service
Plan and Resolution of Approval required by Title 32, Article 1, Part 2, Colorado Revised
Statutes, as amended, previously filed in the within action shall be and the same are hereby
incorporated by reference in this Order, and may be amended in the future as provided by law.
In accordance with Section 32-1-305.5(5), C.R.S., and under the authority of the Clerk of
the Court, the Designated Election Official shall issue certificates of election for the directors
elected.
The Court finds that the ballot questions and ballot issues set forth above passed.
The District consists of approximately 11.891 acres and is located within unincorporated
Weld County, Colorado, as more particularly described as provided in Exhibit A, attached
hereto and incorporated herein by reference.
The Board of Directors shall hereafter take such steps and proceedings as the needs of the
District require.
DATED: December 17, 2007
BY THE COURT:
Daniel S. Maus
District Court Judge
This document was filed pursuant to C R.C.P. 121, § 1-26. A printable version of the electronically
signed order is available in the Court's electronic file.
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3546149 04/08/2008 10:57A Weld County, CC
18 of 18 R 91.00 0 0.00 Steve Moreno Clerk& Recorder
EXHIBIT A
Legal Description
District No. 3:
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 34,
TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 34 WHENCE THE
SOUTHWEST CORNER OF THE NORTH ONE-HALF OF THE NORTHWEST ONE-
QUARTER OF THE SAID SECTION 34 BEARS SOUTH 00°24'50" EAST 1311.57 FEET,
SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE
ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34
NORTH 89°07'33" EAST 30.01 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE
OF WELD COUNTY ROAD NO. 7 AND THE POINT OF BEGINNING;
THENCE NORTH 89°01'32" EAST 141.15 FEET; THENCE ALONG THE ARC OF A
CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 700.00 FEET, A
CENTRAL ANGLE OF 38°20'33" AND A CHORD WHICH BEARS SOUTH 71°42'10" EAST
459.75), A DISTANCE OF 468.44; THENCE SOUTH 52°31'54" EAST 143.34 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A
RADIUS OF 2225.00 FEET, A CENTRAL ANGLE OF 07°26'06" AND A CHORD WHICH
BEARS SOUTH 56°14'57" EAST 288.52), A DISTANCE OF 288.73; THENCE SOUTH
29°13'01" WEST 110.87 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT
(SAID CURVE HAVING A RADIUS OF 797.34 FEET, A CENTRAL ANGLE OF 17°07'02"
AND A CHORD WHICH BEARS SOUTH 20°39'30" WEST 237.32), A DISTANCE OF
238.21; THENCE SOUTH 89°59'22" WEST 788.34 FEET TO A POINT ON THE EAST
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7; THENCE ALONG SAID EAST
RIGHT-OF-WAY LINE NORTH 00°24'S0" WEST 708.42 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 11.891 ACRES, MORE OR LESS.
CERTIFICATE OF RECORDING
IT IS HEREBY CERTIFIED by the undersigned Clerk and Recorder of
the County of Weld, State of Colorado, that a certified copy of the Order and
Decree to Create District of the District Court in and for the County of Weld,
State of Colorado, signed by a judge of said Court on the 17th day of
December, 2007, which Order approves the organization of the
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3
located in Weld County, Colorado, was recorded in my office on the 8th day of
April, 2008, at Reception No. 3546149.
Clerk and Recorder
Weld County, Colorado
Return to: Grimshaw& Harring, PC
1700 Lincoln Street, Suite 3800
Denver, Colorado 80203
Attn: LHL
(00026347.DOC / 1)
CERTIFICATE OF MAILING
IT IS HEREBY CERTIFIED by the undersigned Clerk and Recorder of
the County of Weld, State of Colorado, that on the 6th day of May
2008, a Notice of Organization of Special District with an attached certified
copy of the Order and Decree to Create District for the Waterfront at Foster
Lake Metropolitan District No. 3 was placed in the U.S. Mail to the Division of
Local Government of the State of Colorado and the Office of the Weld County
Assessor pursuant to Section 32-1-105, C.R.S.
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Weld County, Colo . ..
By:
Esther Gesick, Deput Board
Return to: Grimshaw & Harring, PC
1700 Lincoln Street, Suite 3800
Denver, Colorado 80203
LHL
00026329.WPD / 1
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