HomeMy WebLinkAbout20060403.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant McGeady Sisneros. P.C. Case Number 2005-XX (all)
Pioneer Special Districts
Applications
(e.g. "Regional" &"#1-6")
** NOTE: Inventory contains information for 7 proposed districts, which were presented jointly to the
Planning Commission.
Submitted or Prepared
Prior to At
Hearing Hearing
• 1 Staff Comments/Letter to Applicant(with Special District Policies attached) X
• 2 Application X
Applicant's Submittal X
Proof of Payment X
Board Resolution X
Applicant Memorandum of Schedule/Statutory Time Waiver X
3 Legal Notifications X
4 Referrals X
5 Correspondence (j«c't wJet. OpporicyJ) X
Applicant Response to Staff Review X
Staff Review X
Miscellaneous Correspondence X
• 6 Applicant Submitted Draft Service Plan—Pioneer Regional Metropolitan District X j .k
• 7 Applicant Submitted Draft Service Plan—Pioneer Metropolitan Districts#1 —6 X it , - 3i 01
Wt�t;tG �t7 C4 ,^��c (a'L w�
8 Applicant Submitted Draft Law Enforcement Authority Resolution (referent only} X Fits,"�tLuw)
.N 9 Planning Commission Exhibit: Potential Conditions of Approval X
I hereby certify that the sixteen items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing.
Brad Mueller,Planning Services
2006-0403
rit
DEPARTMENT OF PLANNING SERVICES
918 10`" Street
' GREELEY, COLORADO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bmueller@co.weld.co.us
PHONE (970) 353-6100, EXT. 3572
FAX (970) 304-6498
COLORADO
December 13, 2005 PRELIMINARY
COMMENTS
Jacqueline Murphy
McGeady Sisneros, P.C.
1675 Broadway, Suite 2100
Denver, CO 80202
RE: Service Plan Application for Proposed Pioneer Regional Metropolitan District& Proposed
Pioneer Metropolitan District#1, District#2, District#3, District#4, District#5, & District#6
Dear Ms. Murphy:
The Department of Planning Services has reviewed your request for Weld County approval of the seven
Special District Service Plans referenced above. These requests are scheduled before the Weld County
Planning Commission on December 20, 2005, at 1:30 p.m. The hearing will take place at the Southwest
Weld County Service Center at 4209 CR 24.5, located on the east side of 1-25, north of the Highway 119
exit.
Please consider these comments as a unified response to the Special District provisions of Title 32 of the
Colorado Revised Statutes (C.R.S.). This response is based on the review comments from Weld County
Planning Services and the Weld County Department of Finance and Administration. Comments were not
received from Weld County Public Works or the Weld County Attorney's Office.
The Department of Planning Services is recommending that the Planning Commission deny the seven
proposed Service Plans for the reasons discussed below.
Furthermore, the Department recommends that, should the Planning Commission approve the proposed
Districts, the approval be made conditional upon: 1) the Districts not being formed unless and until
potential urban land uses are supported by the Weld County Comprehensive Plan; 2)the Service Plan
documents being revised to address the concerns and questions outlined by Weld County staff.
Approval Criteria
Section 32-1-203 C.R.S. provides the criteria by which the Planning Commission and County
Commissioners must approve, disapprove, or conditionally approve a proposed Special District Service
Plan.
Planning Staff recommends denial based in part on the following broad items:
• No existing or projected need in the proposed service area
• Uncertainty concerning District governance and the future interests of the area
• Uncertainty about the proposed Districts' ability to provide sufficient service
• Lack of restrictions on District expansion or eminent domain powers
Section 32-1-203(2) C.R.S. requires that the Board deny a service plan unless the following criteria are
met. Each criterion is listed, followed by staff's comments.
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EXHIBIT
a) There is sufficient existing and projected need for organized service in the area to be serviced by
the proposed special district.
Comment
The submitted Service District and supporting Financing Districts are proposed to provide urban
services within an area of Weld County that is zoned for agricultural uses. The current zoning
does not allow for urban-scale development or intensity of uses. Furthermore, the proposed
service area consists of land that is not supported by the Weld County Comprehensive Plan for
urbanization. Only land within existing municipalities, within the Intergovernmental Agreement
("I.G.A.") or Urban Growth Boundary ("U.G.B.") areas of those municipalities, or within the Mixed
Use District("M.U.D.") are supported for urban-scale development. (Weld County Code Chapter
22) The proposed service area is not located within or near any of these areas.
b) The existing service in the area to be served by the proposed special district is inadequate for
present and projected needs.
Comment
Rural services currently exist in the proposed services area, provided by Weld County, the Weld
Central RE-4 School District, and various fire districts. Levels of service are rural in nature,
adequate for the needs, and consistent with those levels of service for other rural areas of the
County.
c) The proposed special district is capable of providing economical and sufficient service to the area
within its proposed boundaries.
Comment
Staff is unable to accurately determine whether the proposed Districts can economically or
sufficiently provide services. Specifically, the applicant did not provide information concerning the
proposed Districts' ability to provide sufficient water in terms of quantity, quality, availability
(transmission), and dependability.
Also, while the Finance &Administration Department indicates in their review comments dated
December 5, 2005, that the Service Plans are financially feasible, they note that an evaluation
has not been completed of the build-out assumptions that form the basis for the financial plans,
and that the capability of these remain uncertain at this time.
d) The area to be included in the proposed special district has, or will have, the financial ability to
discharge the proposed indebtedness on a reasonable basis.
Comment
Don Warden, director of Finance and Administration, notes that"the financial portion of the
service plan is adequate." However, Mr.Warden also comments that the plan is dependent upon
the development building out as projected in the pro-forma financial plan. At this time, "a
separate consultant is looking at the market analysis of this development and will issue an
opinion as to whether the build-out is realistic and feasible, given the market conditions in the
timeframe stated."
Discretionary Approval Criteria
The Planning Commissioners also may, at its discretion, recommend denial of the proposed Service
Plans based on whether any of five additional criteria are unmet. (Section 32-1-203(2.5) C.R.S.)
a) Adequate service is not, or will not be, available to the area through the county or other existing
municipal or quasi-municipal corporations, including existing special districts, within a reasonable
time and on a comparable basis.
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Comment
•This criterion is met; Weld County, other jurisdictions, or other special districts are not able to
provide urban-level services within the proposed Service Area. (However, as discussed above,
rural-level services can be adequately provided; the need for urban-level services is not
demonstrated.)
b) The facility and service standards of the proposed special district are compatible with the facility
and service standards of each county within which the proposed special district is to be located
and each municipality which is an interested party under Section 32-1-204(1).
Comment
Service levels and facilities of the Districts would likely match those of the County, though exact
Levels of Service are not precisely defined by the Plans or associated documentation.
c) The proposal is in substantial compliance with a master plan adopted pursuant to Section 30-28-
106, C.R.S.
Comment
The proposed Services Plans are not in conformance with the adopted Weld County
Comprehensive (Master) Plan, since the Plans presume urban-level service in an area of the
County that does not allow for urban-level uses or subdivision of land into urban-scale
development.
d) The proposal is in compliance with any duly adopted county, regional, or state long-range water
quality management plan for the area.
Comment
Staff is unable to evaluate water quality standards from the information provided, although the
proposed District presumably would comply with state and other jurisdictional requirements.
e) The creation of the proposed special district will be in the best interests of the area proposed to
be served.
Comment
The proposed Districts presume high-density, urban and semi-urban development that would be
provided with urban-scale services, amenities, and facilities. This land use pattern is not currently
contemplated or allowed by the Weld County Code, and so the Districts are not in the best
interest of the area.
Weld County Special Districts Policies
As you are aware, the Weld County Commissioners are considering new Service Plan Policies which
would apply to special district applications. These are presently under review, with a proposed adoption
date of December 28, 2005. (The complete draft policies are attached.)
Whether adopted or not, these Policies represent items for consideration by staff, the Planning
Commission, and the Board of County Commissioners. Accordingly, the proposed Plans do not adhere
to portions of the draft Policies as discussed below. Please note that these comments do not represent a
complete comparison of the proposed Service Plans to the Policies, but rather only of those where the
Policies are not upheld.
a) The County generally accepts the formation of districts where it is demonstrated the formation of
a district is needed to provide public services or facilities to local development and will result in
benefits to existing or future residents of the County and the District. (Draft Policy Section 2-14-
10.8)
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Comment
As indicated above, there is not a demonstrated need to provide services, because the proposed
Service Area consists of land that is not zoned for urban-level development, nor does the
Comprehensive Plan recognize this area as one where urbanization is supported.
b) The Service Plan shall enumerate and describe all powers requested on behalf of the district.
Demonstration of the need or benefit of each power is required. Powers which are not clearly
needed will not be approved in the service plan. (Draft Policy Section 2-14-20.C)
Comment
As previously discussed, the need for urban-level services is not adequately demonstrated. Also,
staff expresses concern that television relay and transmission is a proposed power of the
Districts, a service that is readily provided by private-sector cable and satellite service providers.
c) Any Intergovernmental Agreement which is required, or known at the time of formation of the
District to likely be required to fulfill the purposes of the District, must be described in the Service
Plan, along with supporting rationale. The Service Plan shall provide that execution of
intergovernmental agreements by the District that are not described in the Service Plan shall
require 45 day notice publication and written notice to the County pursuant to Section 32-1-
207(3)(6), C.R.S. (Draft Policy Section 2-14-20.D)
Comment
The proposed Service Plans explain that water and sanitation services will be provided via an
Agreement with the Resource Colorado Metropolitan District. Details about the nature and ability
of this Agreement are not described in the Service Plan. Furthermore, significant questions
remain unexplained concerning the proposed Districts' ability to provide sufficient water in terms
of quantity, quality, availability (transmission), and dependability. Also, the proposed Plans do not
include notice to the County, as prescribed by this policy.
d) The Service Plan shall include the description of any planned inclusion into, or exclusion of
property from, the District's boundaries. The Service Plan shall provide that inclusions or
executions by the District that are not described in the Service Plan shall require 45 day notice
publication and written notice to the County pursuant to Section 32-1-207(3)(b), C.R.S. (Draft
Policy Section 2-14-20. E)
Comment
The proposed Plans do not provide for County notification or consideration of any expansion or
contraction of the District, regardless of the size of the potential area.
e) The Service Plan shall describe any planned extraterritorial service agreement. The Service Plan
shall provide that any extraterritorial service agreements by the District that are not described in
the Service Plan shall require 45 day notice publication and written notice to the County pursuant
to Section 32-1-207(3)(6), C.R.S. (Draft Policy Section 2-14-20.F)
Comment
The Plans as proposed do not exclude the possibility of extraterritorial service agreements,
whether with potential neighboring communities such as the Town of Hudson, or areas as distant
as Metro Denver. The Plans do not provide for County notification or consideration if
extraterritorial agreements are proposed in the future.
f) The Service Plan shall outline any anticipated plans or needs for the exercise, by the District, of
its power of eminent domain. The Service Plan will contain language limiting the use of the
District's power of eminent domain to carry out the District's essential functions and services as
well to implement the intent of the "Primary Infrastructure Plan"as defined in the Model Service
Plan described in Section 2-14-60. The use of eminent domain will be undertaken strictly in
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compliance with State laws. The Service Plan shall provide that use of eminent domain or
change in the Primary Infrastructure Plan by the District not described in the Service Plan shall
require 45 day notice publication and written notice to the County pursuant to Section 32-1-
207(3)(6), C.R.S. (Draft Policy Section 2-14-20.G)
Comment
The proposed Plans do not limit the Districts' eminent domain powers, nor do they provide for any
notification and consideration by the County.
g) The Service Plan shall restrict the District's debt service mill levy authorization to 50 mills (the
"Debt Service Mill Levy Cap'). The Service Plan shall restrict the District's total aggregate mill
levy(debt service mill levy plus operations and maintenance mill levy) to sixty-five (65) mill(the
'Aggregate Mill Levy Cap'). (Draft Policy Section 2-14-20.1-I)
Comment
The proposed Plans do define a Mill Levy Cap that is no greater than 65 mills, but language in the
Plans seem to allow for flexibility in exceeding this Cap. (Page 14 of the Pioneer Regional
Metropolitan District Service Plan states: "The Mill Levy Cap . . . does not apply to the Financing
Districts' ability to increase their mill levy as necessary for provision of operation and
maintenance services to the Property and Service Area.") Thus, the Plans do not seem to
resolve the County's concern against unrestricted mill levy powers.
h) The Service Plan shall require that 30 days prior to an election thereon, proposed ballot questions
for a formation election, debt authorization, or de-Brucing will be submitted to Weld County for
filing and review. Weld County shall have the right to object to any ballot questions not in
compliance with the Service Plan as a major modification of the District's Service Plan pursuant
to Section 32-1-207(3)(a), C.R.S. (Draft Policy Section 2-14-20.J)
Comment
The proposed Plans do not provide for any notification and consideration by the County for
proposed ballot questions for formation elections, debt authorization, or"de-Brucing" clauses.
i) It is the intent of Weld County that"citizen/resident"control of Districts be encouraged to occur as
early as possible. (Draft Policy Section 2-14-40.A)
Comment
As currently proposed, the Service District would consist of a single acre, with a much broader
Service Area of thousands of acres. Membership on the District Board could be limited to owners
of the single acre. As such, citizen residents living within the Service Area may never have
control of the Service District, but only eventually of the Financing Districts. Therefore, the
County's goal for"citizen/resident" control could potentially never be realized.
D The Service Plan shall provide for the dissolution of the District after the District's debts and
financial obligations are fully defeased and the District has completed all of its operations and
maintenance responsibilities. A district with long-term, on-going operations and maintenance will
not be obligated to dissolve. However, the Service Plan must provide that in the event said
obligations are someday undertaken by another party, or are otherwise no longer the
responsibility of the District, it shall be required to dissolve. (Draft Policy Section 2-14-50)
Comment
No dissolution provisions are included in the Plans.
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•
Review Comments
The Board of County Commissioners accepted the seven Pioneer Service Plans and referral to Weld
County on October 19, 2005; see the attached Resolution SD0126. The service plans are proposed for a
Service Area of approximately 5600 acres located approximately four miles north of the Town of Hudson.
Exact legal descriptions are found in the proposed Plan documents.
In addition to comments above, Staff's recommendation to deny approval of all seven proposed Pioneer
Special Districts is also based, in part, on outstanding questions and concerns raised by staff, primarily in
regards to the proposed Service Plans. These comments are noted in the attached letters, which include,
in the case of Planning Service's comments, your applicant responses.
These responses address some outstanding issues, but not the majority. Key questions remain, as
discussed above, concerning the nature of the proposed Districts and their ability to provide services;
these questions can only be answered if additional information is provided in the proposed Service Plans.
Furthermore, your applicant responses do not resolve the fundamental question of whether there is
projected need for organized urban service in the area proposed to be serviced by the Districts.
Staff Recommendation
To summarize, Planning Services is recommending the following to the Weld County Planning
Commission:
1) DENIAL of the proposed Pioneer Regional Metropolitan District and proposed Pioneer
Metropolitan Districts#1 —6.
2) IF the Planning Commission recommends approval to the Board of County Commissioners,
that approval be conditional upon the following:
A. The Pioneer Regional Metropolitan District and Metropolitan Districts #1 —6 shall not
be formed unless and until potential urban land uses are supported by the Weld
County Comprehensive Plan within the majority of the proposed Service Area.
B. The Pioneer Regional Metropolitan District and Metropolitan Districts#1 —6 Service
Plans shall be revised to address the concerns and questions identified by Weld
County staff in the letters dated November 21, 2005 (Planning Services) and
December 5, 2005 (Finance and Administration).
As discussed, the Special District requests are scheduled to be heard by the Planning Commission on
December 20, 2005, with plans for the Board of County Commissioners to set a hearing on January 4,
2005, for a hearing on February 21, 2005.
This letter and recommendation will be forwarded to the Weld County Planning Commission as the basis
of their deliberation. If you have any questions about this staff analysis or County comments, please do
not hesitate to call me at 970-353-6100, ext. 3572.
Regards,
Brad Mueller, Assistant Planning Director
cc: Bruce Barker, County Attorney
Monica Daniels-Mika, Director of Planning Services
Frank Hempen, Director of Public Works
Lee Morrison, Assistant Weld County Attorney
Don Warden, Director of Finance and Administration
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Attachments: Draft Weld County Policy concerning Title 32 Special District Plans
Finance & Administration Letter dated December 5, 2005
McGeady Memo of Scheduling Agreement dated October 14, 2005
McGeady Response Letter of December 2, 2005 to Planning Services Letter
dated November21, 2005
Resolution SD0126 Accepting Filing of the Pioneer Service Plans
Special District Application: Pioneer Regional Metropolitan District
Special District Application: Pioneer Metropolitan Districts #1 - 6
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ARTICLE XIV
SERVICE PLANS FOR
TITLE 32 SPECIAL DISTRICTS
(INCLUDING METROPOLITAN DISTRICTS)
Sec. 2-14-10. Introduction.
A. The County establishes the following as its policy for the review and approval or
disapproval of Service Plans, including any amendment thereof, for Metropolitan Districts and
other Title 32 Special Districts (collectively, "Districts"):
1. Nothing in this Article is intended, nor shall it be construed, to conflict
with or supersede state, federal, or local laws or regulations.
2. This Policy is intended as a guide only. Nothing in this Article is
intended,nor shall it be construed, to limit the discretion of the Board of County Commissioners,
which retains full discretion and authority regarding the terms and limitations of all District
Service Plans.
B. The County generally accepts the formation of Districts where it is demonstrated
that the formation of a District is needed to provide public services or facilities to local
development and will result in benefits to existing or future residents or business owners of the
County and the District.
1. Districts will be permitted to conduct on-going operations and
maintenance activities where it can be demonstrated that having the District provide operations
and maintenance is in the best interest of the County and the existing or future residents and
taxpayers of the District.
2. For Districts whose primary revenue source is property taxes, District
formation will not be favorably received where the future assessed value of all property within
the District at full build-out is projected to be less than Two Million Dollars ($2,000,000). The
$2,000,000 assessed valuation threshold for Districts whose primary revenue source is property
taxes will increase biennially to adjust for inflation as depicted in Schedule A, attached hereto.
Special circumstances and special cause must be demonstrated for exceptions to be granted-
3. Districts, when properly structured, can enhance the quality of growth in
Weld County. Weld County is receptive to District formation as an instrument to provide
competitive financing for projects, build better and enhanced infrastructure, and where needed,
create a quasi-governmental entity to provide essential and beneficial services which are
otherwise not available and could not be provided by the County or other existing municipal or
quasi-municipal entity, including existing special districts, within a reasonable time and on a
comparable basis. It is not the intent of the County to create multiple entities which could be
construed as "competing governments."
Sec. 2-14-20. Service Plans.
A. Any Service Plan submitted to the County for approval must comply with all
state, federal, and local laws and ordinances, including the Special District Control Act, Part 2 of
Article 1, Title 32, C.R.S. (the "Act").
B. The Service Plan shall include all information required by the Act.
C. The Service Plan shall enumerate and describe all powers requested on behalf of
the District. Demonstration of the need or benefit of each power is required. Powers which are
not clearly needed will not be approved in the service plan.
D. Any Intergovernmental Agreement which is required, or known at the time of
formation of the District to likely be required to fulfill the purposes of the District, must be
described in the Service Plan, along with supporting rationale. The Service Plan shall provide
that execution of intergovernmental agreements by the District that are not described in the
Service Plan shall require 45 day notice publication and written notice to the County pursuant to
Section 32-1-207(3)(b), C.R.S. If, within 45 days of the publication of such notice, the County
expresses to the district a written objection to the proposed action, then the proposed action shall
be considered a material modification of the Service Plan and shall be resolved only in
accordance with Section 31-1-207 (2) C.R.S. The vote by the Board of Directors to enter into
such an Intergovermnetal Agreement which precedes the notice to the County, must occur at a
public meeting of the District for which District has given written notification via US mail at
least 14 days and not more than 30 days in advance of such a meeting to all electors, residents,
and land owners ("District Meeting"). Such notification must include the time, date, and
location of the meeting as well as a general description of the modification to be discussed.
E. The Service Plan shall include the description of any planned inclusion into, or
exclusion of property from, the District's boundaries. The Service Plan shall provide that
inclusions or exclusions by the District that are not described in the Service Plan shall require 45
day notice publication and written notice to the County pursuant to Section 32-1-207(3)(b),
C.R.S. If, within 45 days of the publication of such notice, the County expresses to the district a
written objection to the proposed action,then the proposed action shall be considered a material
modification of the Service Plan and shall be resolved only in accordance with Section 31-1-207
(2) C.R.S. The vote by the Board of Directors to seek such inclusions or exclusions which
precedes the notice to the County, must occur at a public meeting of the District for which the
District has given written notification via US mail at least 14 days and not more than 30 days in
advance of such a meeting to all electors, residents, and land owners ("District Meeting"). Such
notification must include the time, date, and location of the meeting as well as a general
description of the modification to be discussed.
F. The Service Plan shall describe any planned extraterritorial service agreement.
The Service Plan shall provide that any extraterritorial service agreements by the District that are
not described in the Service Plan shall require 45 day notice publication and written notice to the
County pursuant to Section 32-I-207(3)(b), C.R.S. If, within 45 days of the publication of such
notice, the County expresses to the district a written objection to the proposed action, then the
proposed action shall be considered a material modification of the Service Plan and shall be
resolved only in accordance with Section 31-1-207 (2) C.R.S. The vote by the Board of Directors
to enter into such an extraterritorial service agreement which precedes notice to the County, must
occur at a public meeting of the District for which the District has given written notification via
US mail at least 14 days and not more than 30 days in advance of such a meeting to all electors,
residents, and land owners ("District Meeting"). Such notification must include the time, date,
and location of the meeting as well as a general description of the modification to be discussed.
G. The Service Plan shall outline any anticipated plans or needs for the exercise, by
the District, of its power of eminent domain. The Service Plan will contain language limiting the
use of the District's power of eminent domain to carry out the District's essential functions and
services as well as to implement the intent of the "Primary Infrastructure Plan" as defined in the
Model Service Plan described in Section 2-14-60. The use of eminent domain will be
undertaken strictly in compliance with State laws. The Service Plan shall provide that use of
eminent domain or change in the Primary Infrastructure Plan by the District not described in the
Service Plan shall require 45 day notice publication and written notice to the County pursuant to
Section 32-1-207(3)(b), C.R.S. If, within 45 days of the publication of such notice, the County
expresses to the district a written objection to the proposed action, then the proposed action shall
be considered a material modification of the Service Plan and shall be resolved only in
accordance with Section 31-1-207 (2) C.R.S. The vote by the Board of Directors to utilize
eminent domain in such a manner which precedes notice to the County, must occur at a public
meeting of the District for which the District has given written notification via US mail at least
14 days and not more than 30 days in advance of such a meeting to all electors, residents, and
land owners ("District Meeting"). Such notification must include the time, date, and location of
the meeting as well as a general description of the modification to be discussed.
H. The Service Plan shall restrict the District's debt service mill levy authorization to
50 mills (the "Debt Service Mill Levy Cap"). The Service Plan shall restrict the districts total
aggregate mill levy (debt service mill levy plus operations and maintenance mill levy) to sixty-
five (65)mills (the "Aggregate Mill Levy Cap"). Although the District's operations and
maintenance mill levy may exceed 15 mills as part of the 65 mill Aggregate Mill Levy Cap, the
debt service mill levy may not exceed the 50 mill Debt Service Mill Levy Cap. The Debt
Service Mill Levy Cap and the Aggregate Mill Levy Cap shall be adjustable from the base year
of 2006 provided however, that in the event the method of calculating assessed valuation is
changed after the base year of 2006, the mill levy limitation applicable to such debt may be
increased or decreased to reflect such changes, such increases or decreases to be determined by
the District Board in good faith (such determination to be binding and final) so that to the extent
possible, the actual tax revenues generated by the mill levy, as adjusted, are neither diminished
nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of
actual valuation to assessed valuation shall be deemed to be a change in the method of
calculating assessed valuation.
I. The Service Plan shall include financial projections prepared by an investment
banking firm or financial advisor qualified to make such projections. Said firm shall be listed in
the "Bond Buyers Marketplace" as a provider of financial projections. The financial projections
shall include calculations establishing the District's projected maximum debt capacity based on
assumptions of(i) the projected interest rate on the debt to be issued by the District; (ii) the
projected assessed valuation of the property within the District and; (iii) the projected rate of
absorption of the assessed valuation within the District. These calculations must use market
based, market comparable valuation and absorption data and shall not use an annual inflation rate
greater than three percent (3%). The Maximum Debt Authorization in the Service Plan shall not
be increased unless one or combination of the factors described in (i), (ii) or(iii) change or the
rate of inflation is demonstrated to be in excess of 3%, leading to increased debt capacity for the
District as determined by an investment banking firm or financial advisor as described above, the
Maximum Debt Authorization may increase up to 150% of the original projected maximum debt
capacity. The Service Plan shall provide that any increase in the Maximum Debt Authorization
by the District above the limits described above shall require 45 day notice publication and
written notice to the County pursuant to Section 32-1-207(3)(b), C.R.S. along with a report from
the financial advisor described above, documenting the basis for the increase in the Maximum
Debt Authorization. If, within 45 days of the publication of such notice, the County expresses to
the district a written objection to the proposed action, then the proposed action shall be
considered a material modification of the Service Plan and shall be resolved only in accordance
with Section 31-1-207 (2) C.R.S. The vote by the Board of Directors to increase the Maximum
Debt Authorization above the limits described above which precedes notice to the County, must
occur at a public meeting of the District for which the District has given written notification via
US mail at least 14 days and not more than 30 days in advance of such a meeting to all electors,
residents, and land owners ("District Meeting"). Such notification must include the time, date,
and location of the meeting as well as a general description of the modification to be discussed.
J. The Service Plan shall require that 30 days prior to an election thereon,proposed
ballot questions for a formation election, debt authorization or de-Brucing will be submitted to
Weld County for filing and review. Weld County shall have the right to object to any ballot
questions not in compliance with the Service Plan as a major modification of the District's
Service Plan pursuant to Section 32-1-207(3)(a), C.R.S.
K. If, after the Service Plan is approved, the State Legislature includes additional
powers or grants new or broader powers for Special Districts by amendment of Section 32-1-
1001, et seq., C.R.S., no such powers shall be available to or exercised by an existing district
unless the District publishes 45 day notice and provides written notice to the County pursuant to
Section 32-1-207(3)(b), C.R.S. If, within 45 days of the publication of such notice, the County
expresses to the district a written objection to the proposed action, then the proposed action shall
be considered a material modification of the Service Plan and shall be resolved only in
accordance with Section 31-1-207 (2) C.R.S. The vote by the Board of Directors to obtain or
utilize such powers which precedes notifice to the County, must occur at a public meeting of the
District where the District has given individual postcard notification via US mail at least 14 days
and not more than 30 days in advance of such a meeting to all electors, residents, and land
owners ("District Meeting"). Such notification must include the time, date, and location of the
meeting as well as a general description of the modification to be discussed.
L. Every Service Plan shall include, in addition to all materials, plans and reports
required by the Act, a Primary Infrastructure Plan as defined in the Model Service Plan ("PIP").
This PIP shall include, at a minimum, a map or maps (24"x36") providing an illustration of
public improvements proposed to be built, acquired or financed by the District, along with a
written narrative and description of those items and a general description of the Districts
proposed role with regards to same.
r
Sec. 2-14-30. Bonded Indebtedness.
A. Original issuance of bonded indebtedness by the District prior to build-out shall
be limited to that debt which can be sized, serviced and defeased with no more than fifty (50)
mills as described in Sec. 2-14-20 above in paragraph H.
B. The Districts shall be limited to issuing new debt within a period of 15 years from
the date of the Districts first debt authorization election. The District may issue debt after the 15
year period in order to provide the services outlined in the Service Plan if development phasing
is of a duration that makes it impracticable to issue all debt within the 15 year period. Debt
issued by the District shall have a maximum maturity of 30 years for each series of debt. The
restrictions on issuance shall not pertain to refundings,but the 30 year maximum maturity shall
apply to refundings.
Sec. 2-14-40. Multiple District Structures.
A. It is the intent of Weld County that"citizen/resident" control of Districts be
encouraged to occur as early as possible,
B. Multiple District structures may be proposed:
1. When the projected absorption of the project and the public improvements
to be financed is reasonably projected to extend over more than six (6)years from the date of
organization of the District.
2. When the project has varying projected uses, such as residential and
commercial.
3. The Service Plan must fully describe and articulate the need, reasoning,
and mechanics if a multiple District structure is proposed.
Sec. 2-14-50. Dissolution of District.
The Service Plan shall provide for the dissolution of the District after the District's debts and
financial obligations are fully defeased and the District has completed all of its operations and
maintenance responsibilities. A District with long-term, on-going operations and maintenance
will not be obligated to dissolve. However, the Service Plan must provide that in the event said
obligations are someday undertaken by another party, or are otherwise no longer the
responsibility of the District, it shall be required to dissolve.
Sec. 2-14-60. Model Service Plan.
A. A "Weld County Model Service Plan" shall be developed consistent with these
policies and made available from the Department of Planning Services.
B. All Service Plans submitted to the County should follow the basic outline, form,
sequence and structure of said model. Where possible, Service Plans should duplicate the
language contained in the Model Service Plan.
Sec. 2-14-70. Default of District.
A. In the event a District fails to pay its debt when due or defaults in the performance
of any obligation that has been agreed to between the District and the County, which obligation
has been identified by the County in writing as a material obligation, and such default is
continuing after the expiration of any cure periods, the District shall be precluded from issuing
additional debt except refunding bonds issued to avoid or to cure a payment default, without
receiving written permission from the Board of County Commissioners following a public
hearing on the matter.
B. In the event that a court of competent jurisdiction has made a final, unappealable
determination that a District has defaulted on any of its financial contracts, the District shall be
precluded from issuing additional debt except to refund or refinance a financial obligation for the
purpose of avoiding or curing a default without receiving written permission from the Board of
County Commissioners following a public hearing on the matter.
C. Failure of the District to adhere to any of the conditions, restrictions, or
requirements, contained in its approved Service Plan shall be a material modification of the
Service Plan and shall carry whatever rights,remedies, and penalties which are available to the
County or the electors of the District under the Act.
MCGEADY SISNEROS, P. C.
ATTORNEYS AT LAW
1675 BROADWAY, SUITE 1100
DENVER,COLORADO 80202
TELEPHONE:13031 592.4380
FACSIMILE:(3031592-4385
MARYANN N.McGEADY W W WMCOEAOYBISNEROS.COM
SPECIAL COUNSEL
DARLENE SISNEROS KENNETH M.KOPROWICZ
MARY JO DOUGHERTY ANNE K.L•PORIA
MEGAN BECHER
VALERIE O.BROMLEY
RUSSELL W.DYKSTRA
KATHRYN S.KANDA
JACOUELINE C.MURPHY
GEORGE M.ROWLEY
October 14, 2005
VIA HAND DELIVERY
Michelle Martin
Weld County Planning Department
918 — 10th Street
Greeley, CO 80631
Re: Proposed Pioneer Regional Metropolitan District and Pioneer Metropolitan
District Nos. 1-6 (the"Districts")
Dear Ms. Martin:
On behalf of Pioneer Communities,Inc. and HP Farms,LLC and in reference to the
above proposed Districts,we are enclosing the items listed below in anticipation of a May 2006
election. Please note that with regard to the filing fee for these Districts,we have issued a check
made payable to the Clerk in the amount of$3,500($500 x 7 Service Plans). We are awaiting
instruction from County Attorney Morrison to confirm the proper amount of the filing fee.
1. One(1)copy of the draft Service Plan for each of the proposed Districts. We are
awaiting instruction from County Attorney Morrison as to the requisite number of copies. We
will hand deliver these to you as soon as we hear.
2. Draft resolution for the formation of the Pioneer Law Enforcement Authority,
which has been distributed for review and comment to the appropriate persons within the Weld
County Sheriff's Department.
3. Schedule of Events anticipating an organizational election in May of 2006.
4. Copy of check No. 0000118 made payable to the Weld County Clerk and
Recorder in the amount of$3,500 for the filing fee.
I00053845.DOC v:1}
EXHIBIT
Z
Michelle Martin
October 14, 2005
Page 2
Thank you for your consideration and we look forward to meeting with you to discuss
Staff's comments on the Service Plans.
Very truly yours,
MCGE• •v .I: Ros,P.C.
a•que me C. Murphy
end.
cc: Weld County Clerk and Recorder
(via Hand Delivery,with copies of the Service Plans and check for filing fee)
Lee Morrison,Esq.
MaryAnn M. McGeady
Joel Farkas
Harvey Deutsch
Chris Paulson
Jack Reutzel
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Message Page 1 of 1
Brad Mueller
From: Kim Ogle
Sent: Wednesday, October 12, 2005 12:23 PM
To: Brad Mueller
Subject: FW: Pioneer Metro Districts
Here is the contact for McGeady's office
From: Lee Morrison [mailto:lmorrison@co.weld.co.us]
Sent: Wednesday, October 12, 2005 10:40 AM
To: Kim Ogle
Subject: FW: Pioneer Metro Districts
la D. flevvv:4 on,
Assistant Weld County Attorney 915 10th St., PO Box 758
Greeley, CO 80632 (970) 356-4000 x 4395: FAX 352 0242
This e-mail contains confidential and/or privileged information.If the reader is not the intended recipient,please reply and
delete your copy of this message."
From: Jacqueline Murphy [mailto:JMurphy@mcgeadysisneros.com]
Sent: Tuesday, October 11, 2005 4:42 PM
To: Lee Morrison
Cc: MaryAnn McGeady
Subject Pioneer Metro Districts
Lee, my contact information is listed below. Thanks for your help.
Jacqueline C. Murphy
McGeady Sisneros, PC
1675 Broadway STE 2100
Denver, CO 80202
303-592-4380
303-592-4385 FAX
jmurphy@mcgeadysisneros.com
10/14/2005
r--
RESOLUTION
RE: ACCEPTANCEOF FILING OF SERVICE PLAN AND REFERRAL TO WELD COUNTY
PLANNING COMMISSION FOR STUDY AND RECOMMENDATION - PIONEER
REGIONAL METROPOLITAN DISTRICT AND PIONEER METROPOLITAN DISTRICTS
NO. 1 THROUGH 6
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,seven documents entitled, "Service Plan for Pioneer Regional Metropolitan
District (Service District)" and "Service Plan for Pioneer Metropolitan District No. 1" through "6
(Financing District)" ("Service Plans") have been received by the Clerk to the Board from the
proposed Metropolitan Districts attorneys,McGeady Sisneros,P.C.,for filing with and consideration
by the Board of County Commissioners, and
WHEREAS,Section 32-1-204(2),C.R.S.,requires that the Service Plans be delivered to
the Weld County Planning Commission for study and recommendation to the Board of County
Commissioners,such recommendation to be received by the Board within thirty(30)days after the
filing of the Service Plans, and
WHEREAS,the Board deems that the date of filing should be commensurate with the date
of this Resolution, in order to allow enough time for referrals of the Service Plans to appropriate
agencies for comment prior to the public hearing before the Planning Commission, and
WHEREAS,the Board of County Commissioners deems it advisable to accept the filing of
the Service Plans as of October 17,2005,and to refer it to the Weld County Planning Commission
for study and recommendation back to the Board of County Commissioners,such recommendation
to be received by the Board prior to January 4,2006,pursuant to the proposed schedule submitted
by the applicant, which schedule waives the thirty-day requirement, and
WHEREAS,the Board of County Commissioners shall, on January 4, 2006, set a public
hearing date for its consideration of said Service Plans.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the filing of the above listed documents be, and hereby is, accepted.
BE IT FURTHER RESOLVED that said Service Plans be, and hereby are, referred to the
Weld County Planning Commission for study and recommendation back to the Board of County
Commissioners, such recommendation to be received by the Board prior to January 4, 2006..
BE IT FURTHER RESOLVED that the Board of County Commissioners shall, on
January 4, 2006, set a public hearing date for its consideration of said Service Plans.
2005-3101
(0 CA SD0126
CLS-
RE: SERVICE PLANS - PIONEER REGIONAL METROPOLITAN DISTRICT AND PIONEER
METROPOLITAN DISTRICT NO. 1 THROUGH 6
PAGE 2
BE IT FURTHER RESOLVED by the Board of County Commissioners that the organizers
of the proposed Metropolitan District have paid the filing fee of$3,500.00,BY Check#00001118,as
required by Appendix 5-D of the Weld County Code, to the Clerk to the Board.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 19th day of October, A.D., 2005.
EL® BOARD OF COUNTY COMMISSIONERS
`� WELD COUNTY, COLORADO
ATTEST: 0/ BD i� ..t ''
/bCKesuJ f
dliam H. ke, Chair
Weld County Clerk to the
..r} �%
BY: /1 14111 / M. eile, Pro-Tern
utyC rktotheBo d u
D E. Lon
APPRO D AS TO FO
Robert D. Masden
Coun orneyfA,Ck 1/l \Glenn Vaad
Date of signature: 1013,6
2005-3101
SD0126
MEMORANDUM
TO: Weld County Planning
FROM: McGeady Sisneros, P.C.
RE: Schedule of Events for Organizing a Title 32 Special District
DATE: October 14, 2005
The following is a schedule of events for the organization of the proposed Pioneer Regional
Metropolitan District and Pioneer Metropolitan District Nos. 1-6 to be located within Weld
County, Colorado and conducting an organizational and debt authorization election in May,
2006.
TIME EVENT
I. SERVICE PLAN
8/2005 to Prepare draft Service Plan and Exhibits.
10/7/05
Week of Submit Service Plan to Weld County for review, along with filing fee.
10/10/05
Week of Service Plan is referred to County Planning Commission for review and
10/17/05 comment.
12/13/05 Public Hearing before Planning Commission.
(The Planning Commission meets the 2"`t Tuesday of every month in the
Greeley ofice(918 1e Street, Greeley); and the 4"i Tuesday of every month in
the South Weld Office; (4209 CR 24 ''/z, Longmont))
12/13/05 to Revisions, if any, to Service Plan are made.
12/20/05
12/20/05 Order 3-mile radius and property owner's list from County Assessor
01/04/06 Board of County Commissioners sets hearing date on Service Plan.
(The Weld County Commissioners meet at 9:00 am each
Monday and Wednesday on the first floor meeting room
at the Centennial Center Complex, 915 10`h Street, Greeley)
Weld County Planning
October 14, 2005
Page 2
01/09/06 Send Notice of Hearing to newspaper for publication and mail Notices to
interested parties.
(Deadline for publication in the Southern Weld Sun is Monday at 5::00 p.m.)
01/12/06 Publish Notice of Hearing.
(Southern Weld Sun publishes Thursdays)
02/06/06 Public Hearing before the Board of County Commissioners.
(The Weld County Commissioners meet at 9:00 am each
Monday and Wednesday on the first floor meeting room
at the Centennial Center Complex, 915 loth Street, Greeley)
II. COURT PROCEEDINGS
Present— Verify Director qualification.Prepare Petition and exhibits. Obtain signatures
March 2006 on Petition for Organization.
03/01/06 File Petition for Organization, Service Plans, and Resolution of Approval with
District Court.
The Court will fix a place and time for hearing on the Petition for
Organization which will be not less than 20 nor more than 40 days after the
Petition is filed with the Court.
03/20/06 Send Notice of Hearing on Petition for Organization to newspaper.
(Deadline for publication in the Southern Weld Sun is Monday at 5:00 p.m.)
03/23/06 Publish and mail Notice of Hearing on Petition for Organization.
(Southern Weld Sun publishes Thursdays)
04/10/06 Court Hearing. Court orders Election.
III. MAY 2006 ELECTION
01/20/06 Notify Clerk and Recorder of non-coordinated election
02/24/06 File self-nomination and acceptance forms with County Clerk and Recorder
I00054456.DOC v.II I 2
Weld County Planning
October 14, 2005
Page 3
03/03/06 Deadline to certify ballot content to DEO
03/08/06 Submit mail ballot plan to Secretary of State.
3/23/06 DEO requests copies of voter registration records from Clunty Clerk and
Recorder and property owner records from County Assessor
3/31/06 Deadline to Mail Tabor Notices
04/03/06 Submit Notice of Election to newspaper for publication.
(Deadline for publication in the Southern Weld Sun is Monday at 5:00 p.m.)
04/06/06 Publish Notice of Election. Copy of Notice posted in DEO's office until 2
days after election and copy of notice is retained by election official for public
inspection until an election contest is decided. Mail Notice of Election to
County Clerk and Recorder.
(Southern Weld Sun publishes Thursdays)
04/07/06 to DEO mails mail ballot packets.
04/17/06
05/02/06 ELECTION DAY
05/09/06 Deadline to Canvass Election Returns.
File election returns with District Court and obtain Order and Decree Creating
District.
TBD Organizational meeting.
(00054456.DOC v:1I 3
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