The URL can be used to link to this page

Browse Search

Home My WebLink About20060861.tiff EXHIBIT INVENTORY CONTROL SHEET ORDINANCE #2005-11 Exhibit Submitted By Exhibit Description A. County Attorney List of Attendees at Work Session B. County Attorney Tape of October 18, 2005 Work Session C. County Attorney Tape of November 17, 2005 Work Session D. County Attorney Side-by-Side comparison of versions E. County Attorney Draft of Final Changes F. County Attorney Memo from McGeady Sisneros dated December 1, 2005 G. County Attorney Memo from McGeady Sisneros dated December 8, 2005 H. County Attorney Black-line draft 12/9/05 (after last work session) I. County Attorney Tape of January 11, 2006 Work Session J. County Attorney Attendance List (1-11-06 Work Session) K. City of Greeley Letter requesting Work Session L. City of Greeley Followup Letter re: Work Session M. County Attorney Memo from Bruce Barker N. County Attorney Presentation by Chris Fellows O. County Attorney Excerpt of letter from John Bramble, City Manager of Brighton P. Q. R. S. T. E oe�IT 400,- // 2006-0861 :,-,i/I.,4 r441-47414 ' Le P3E %., Li KI 'FM '36etr--" 41 4 `",4' , 7 y:[�: + 4,a F;44 !-r4 4&)L y O u sc 11 /O/5XeQ,i2 (Cs to Le„,,„ .1, 0 t 763- P(3-?7/z vNL, Ri �,, v�C �,• ..:l 0,r () •(NiS ,s�o,,,; i ✓lc. 3o3-SHZ't/3eo e ie/S & (2 lscyZ/ %9/o/t/s 3 O 2 er; 2792 V'- L)4 ) Lli 4 4 it C c,1.47 ) i 7 rC - p F-- ,-;--t„,2 P-76.- 32:wen, /� srr -cye - ri70 ia--IM I Fat( diet Vh I vi.a. ,6 vboL 'tose._/,w n-t 3©-3 2YS 5-3 2-O Lori Atli s1Fuj► oIII Tkivvtbe Tate Nuftn kgva tS 3c 3- -(57a\ TEIVie L i cp7rii ss 7 o eak-m- N, l4' ke,vi ?-7.0 es 7- 0 RocicAr 4o(`Cc1;vci- ttnrel tfi4iFic --6iv, > 353 vi'/t -SLZ{ NY 'i it-tr 13 , Gr�c ( 0")"\- 0fbixe-evir°5 r /� 7Lowno-Pkeerte (Frr1-e1 --n � 212e-f � l /b z)-7)%vsn cello t 511ce- _303 -73 .ti/-1g/ // o6J &,&co/desrs £ S kve A ,A , C ��UJJ( 3Dj - 779 .95. i (- nn,,CV 'k-1 f',11 Mist h.% 1 •d.A Zo,.. L �lCI 1..:u ��Y c, -(i«l Nww�!5 A,!s`�is COO 963 -27k5 -S444ANE. /1'l4 wLL k KUMic. /&c/c &o,-.3 ..29..) -77ey j OEL Foi-/LK45 r:o.vev-L 33 - 8 7)- S ) (tz Ark6f-a y Mai cr ate 544;9 1 70 - 3 it- 57 d 3 c-.1 IM 44-&)&z..-K-- Ju p��` 3 03 - 3-36 -I`3 /( 3 at — f ebr\, 2- 1 (itC2c/x ev\gsnC-ti ' Ac) 6q." °(Cog - 93`x ` S-- -John c li©liyet7 Sea e ,zet ZY2 Letel _. -_, ik ../i. f c?cz/( C.c;,rr)u Cam,l.rc‘(a To3 7X. '5vs/ , / tike G�liGr�Mu I�F.J' �r"4 Ca/o.tic�., j , 3 )�L 5'!S / arc s,, )-1. CT- ,t 6-01.);,,,A0 3,3 704, NY /jh.l 3Eur JI/ le Bee, ' .444. 3.j t'S e If)) �6i �// ��Ev C.,e. c �'/� ` 97o - 9 GI - 26 )3. rT /rc t �f U. ..,.� . 4 4 6. ,-,, 30) 6 72 Ye p f r/ 3d3 - 21Z-C9ov ill /17,E kilt' 1 cc'N�/r it) • ,7 01- / feszn'e'c /17(4)7/ 0'nise co%Ra, Coo) f✓ s a cih'h f-0 Co6Wc(.sf,, i, ?s sar s/6 ti Slap_ file goes /44471$4 i,.,,-7 m,vcca//-6y evnes . Cam-+ 5a3- 77„e-v64 3/0 5r /off- fro-frit, c-n T C a ivy 1' I l ORD 2005-11 3 Work Session Tapes Located in Back of Original File Exhibit B - Tape of October 18, 2005 Work Session Exhibit C - Tape of November 17, 2005 Work Session Exhibit I - Tape of January 11 , 2006 Work Session Not Scanned t • 02 0 �r o >. 1' , w t4 bA ° = Y = ro .v'. F E N a) -4-. 'O o 7 0 �O 'ci U x T T 7czi , H F 3 0 E E: .5 v N ° 0 ' a) 4_in ° .' U w 'O tai w cd �" e-4- 0 w CA d °� as c b o ❑ o h w 0 n h a rn W a Q O 'n r4 u Q Y 3 ° .� ° a w ,o c C .a �. W .0 3 •g 'b 9 c >,a ° I, ,,, a 0 o a .U. 0. F o T .O. Q .> U °I-' A" •.y�, h � •• - TN N 'aa 'Cn Q > N W 5 a L' ° .� &) 0 .20 ° 0 .L b a 'O °' edd p CG M .D 0 I•. •U o O Z F cd 7 .... O D y .2 •F •- O « c a z E a) c.-. rn « Q 3 a) b - y0 F L O W a) V . y alan « -0 O a) M-40 F o F ; °O _.4 g o c� o c F 3 U c o w Q o to N on " u o ° 5 c'r ca y a C • Y d ti a) n I. F H o 0. c c o b , 0 0 �-o E a ti, O N =o a) M ..V. o 'O O N o o °"' Q ti o D —°) 3 o c c° E Q a > cn E F ° 0 < 2 o d ° a 4' ro ro "C o . 7 „Wj OW. d a ..C ity >,O 'Y a OV o 0 0 y U d D o O r o F c.4 a �Fool •° > .o �o .EP b a° .t � 3 one o o Y vi a, Q > N W .o a 3 ft :a •In c •:b = c •C y ai :i M O ° •�. 7 ••-• j z In C-.) F .Y E O F. cd 0 .r. 9 O Paz � .5Q a o � o ti) o � Q ^. g' up 0o " U -o Q , t 4: C - A O F Y a Y O � id N E. E ..' > F w w W C a I, O O t° F 7 N a .., •-. o O ti u o IC) o a O .00 0 7 U N d >,.� o.� ct z 7 .� 'El' a,cn ,LL c an oaU al wa« an I I 8 _ O C N O en w 0 '� .d .E b U 0 o C b y C N N w cd 0 •0 O U 'N.. T.) cCd �O 7: E Y O L., CI C Y 0 •U E .° C O4 > 0 3 > o c o 'C 3 C t v� 0 h >, o y o �` > a V .§ .o4J g E .o •ct •. o cd a y Z d a d .� 00 Q x ° cn fai 0 �; 0 > U E H C y 5 O y0 '� cd C V T C rn .«).. V O t o 0 o`^ C v i- o ct ° O O C° o° o C °' 'o ° A 0 .o y .Y 0 ' c° 40. CA 0) a c 'V as V ro Q 3 b L z �, a � � 0 tr y bp.� U w `� ,� '� w to ,`'".. .C •E w 6to a 'i o •Z •> .° E •2 V y o o V IA • C 3 ° n coi U _ .y a C 0 p vi .3 •G C ti YO 4' 2 t E -C a c " Ca V Ca o " �' •� v � d en Q - t.). t U m. o o C ° w T o z a 0 .o > o o o Ln on Q a) 2 ❑ 0 •C X ., a) z" O > _ x a.+ .� V ..' circa' y 'b 0 {�f. L'" QJ U a•�i.. p r.,1,, fd U U Wes. c U > N L U U-�� .� c 3 rEo ciziE a E .9 0 —. .--c O .° Y N c. ° O E tl C M V 00 as N V •N t o C Q •. a $ .4 00 •C - a) c8i y 4 ,d 0 > d a /_� _ a. N z .d U .C o o rz ° p C 0 U as O E N O N fV 'C --cif cu p �' a c w ° V 0.0 C i' ",' ,y O °'.-0' 0 O t0. .C C C 2 O y O no 765, C cd °. ° W p ct E V N x" V LL C 0 0 C 0 O 00000 w a y Eel 3 V) h on u V ° crap V .Y I.) 'C C Tj -o OD 4 0 C c`" V •� V z C O O 0.)V ~ VI cd > V C H .4' VCt 0q. C 0 7 C ai ., `cd V O U .L ' O ca E C . y O .E 'pp. d O w V Q • 4 y cal ct z .1 'Cwcwa) o •t. as 0 ow° >b 0 .3 3 . C G V�! 0 0 3 cd °c U O b 0 V 'U o C N CI) O .C a'di ) .ti • OH ''C.+ .4 F O V, .E 0. V .a) 0. c0 ct w V .0' o a�i E b .ro c° Q E o ° = '� a.•E o 'E E C) z ,-0 -0 ,,, E46-Ey � 3 .a Ycl o33aoo Cx 'Ctu0 ° ° aC Q a 33 oY0C °' o o > ° a Tri T cd O 0 C 0 t x ,d N U x p V1 E 3 30 Q .... ct y) U ° o a ° N ° Q C 46 °' O o o c o g .n . r Q ° ° o H ° > o d d o o a .° U o ,o a y s E o 2 ; ❑ 0 on... o Y A. .U) .c°' `" 0 o p 4 o V ° V M o cts 0 °' Ct /' E V I.) a O ° • ._'O h a) C a) ..' F' .° U cd QD V •p t 'D W V > 0 ° O cad .Y °' 'V C .-. OA. > ° -00 N No cti .� ¢'O 2 �' O cd 0 b M L>' p 'b b C ❑ v,0 ° z °. y v. . az '>O 7 va C N � V 'V cd cCd z o .0 O N L N 0 o C 0 '� V C C d o 0 o tN' •- C .cad' z 0 bA .4 U E i C V c •v '> 'C 'o C C ti •b � ° C 'd a U ° b - U a ° W "L' tV 3 � .00 Q > 2 :n cn 0 B 3' .E a'3 a. 0 o C w _o C " 0 `" U ' .a •E O �'' cd O C a3 .N. O S7 w ' h .N. a+ cn cy U U .C 's. C .U. -' a) Q j 'x C c d O o «, c° v U r 3 Q Q .o U C U •o .� ° E 0 3 3 IA > c g to,b op •c — d -- U Q c.1 ° w 3 a . E C U > QU C Yob E ° oen� n ct.c7i C = C O I-, y a)cc a) w cc a) a) C C C .4 0 JD ° .Uo w n,v) oc c c ca o >, d °° C E q ° .5o °' .n P.P.. kn 0 m .c c ac) aC) `" U U .0 C U O D U C •- bDM r, rn O A O ° .'1- C C Y c'c) vi .o ct C y c -o I. C E U aoi C •a .U., G ;E 0.. -C Q. Q. vUi 'G crCd .-4-' - w d V) m 'm 3 ,A 1 •o OE Z up E 8Ui .2 v) • vn ." w 3 [ c � ' to gi Q c," '� O vv >' O pt Q .0 0 .0 ° 0i2 ,6 3 a s c o Q p o f .. .V .n p, 00 ¢ ` :b o E" .,c H °c,.o o ¢ °�' cCi .E 0 ., w �cco .0 .C E ocq a Yw .E o � � cnC .C .U'F.5 70 Q. en .. N O C P. t. •—• .C O F" O .i., a) ,° O c Z a) c a) ° °cn a. 3 c m aEi o1. a a a ° o V 0 .O Y vi 0 V. C4. 'C " --, a) o o ,N • ti n �) ecn U " `�O ccl .0.1 inccl Q o 3 0 °�) C ° ° I. ° 51 a ai o aV a.- aCi 5 �� Q E •° 0cL. Q•zi .0 O ..... ...,° C E E `" `n F. .o a) o o ° N C r. o °c• .5ono LI 0 E y °c°.2 U 0a,: aC) Qww_ .C -0 • C U d .-. U O c x O O o ❑, .m C ¢ , U y O .° O C c N W ,C U E aa)) b N ey ' C O C ¢ C T) .. C 23, E • O •Cto C C ' CM C U C ;, c> a) O, r. 0 'D . C cC0 .N C N •O O cCtl G. 0., N d cd > .yC .aU-, U .O °? 'x = E ;; O ,a, CO..° E o .o 9OcU o°ncto- 2 �° •..., .o .C A O C y cn y Q '� .�" V] y • ,, w ti a) h Ci ❑O .D 'D . C <I O ' G ° " C4 C O V a) Q. U 3 O y --� >q.3 >, t °C, 0. •o O o c tia F Y o ¢ H ., •-p 0 g 0 H c..2 o ¢ o ,x E •t,. ., ...r y . v o ,o C y E Q . 3U :_-••••.c U H b o 0 . - o vq c a E N a 9 U a1 q CJ t p o a Ca 'c 3 o c a) 7 '� C '- > 6 .C., v •& w h a Q, ccs Ca o v o E 3 .� ° o°u v w° ° Q U .E - O 2 a .� Ca - r = 5 E L of c I 5I" E r c c 3 H _ qq ' N . d a ' y '� w�.� y w O 'v, U 7 rai, C ctl 0 a .g Cit cg > c 0 y a) a. a) E t' C U ty h N v) OU U m .y C O 41-1 >O .ic w a" Q C ° a N O •.UU. a •o r, o I. CO CIU N o C b `" 0 q ,U U w N ^' '' .00 'L w 0 0 ,� °' py ' a cn .a rn • ..� a. O C U w �' •E V O N C U U •c7 ''n .° H •U a) a s0. 0 a .0 �' o C 0 H .0 =' •'. °�' c CI • aai y a oN °�' o •> vi 0 t., c'"a .c 1. rn CI" O �•E .a co a •ti c7 C cn N o. U . a � a n te en c ,b C w C C c- .� O .Y .iy CI•I ^O C -• 0 O y LL 0 �" C ° .3 r a Z 7 .o O a rn . a 0 '� U Y '0 0 co LI U O 0 Y F,tai c M cut;t a .° O 0 a) .Y H C iU., >, cct •.-. O a) A C Q y ., O ° N A O Ct C ECC w E U O 04. d C Y o C >i a' Wc00 > a.Y 0 ° c. c o t> k.; • v0 -0 y v °' i- 0 o •. 0 z 0'� o w 0 w0 ti O Z U ai k ° °' O " 'ti c a.. •.0 CI o w o, CI a a..° v CI 0 'am °.' U ,, m 0 O C C C 'y a ..CO a 0 � .o ❑ 0 0 O _ � w H U N CJ cid V] ' ul C O C: V O .z ..U>. moo..U. O h �" iC a V °� 0q Y w U O x X r b C0 .D ti 'r7 •-, O 0 T U •C 0Z. ow c `° av wH v ` a.v 0 •C ^2 ' `° H • o 0 o, ° o a-o U ° h ° 0 a 0 0 O .0 O .n ° . ci; a O a0J C c7 >, (:) .W H V ° O a U o ^ O 0 E U, .ct N-. ti U -4 `. o •r, ,,, oa. ,, -° _ Y o C C Is C 2O C .. •C O 0 o C A J, an) 0 ,0 C '7 '00 8 0 'y G,V O a..N cy r1 �y •9 O U 2 aa. a cC h O ti c7 M ^"• 4. T at., r«. Cd .0 ,d.,••., :.c r°) .,to o o O V .0 •" y O 3 '^ a. 0 'Q 0 y 0 `° •c+ Gov 0 '3 0 o a0i ° � •° � �0 v0 o c axi 0. a •° r a •.o " o O o o -coy) o o a a o a o ° v a ° U U y .E .. -' •3 = y 8 a 'q" '> = c>, o •3 a a, ...0 > x 0 " b Y x Q 04 ,— vi word' c° •°a, " 3 . ° ir o 0 rn 0 w U Y ". v '3 'C ° .n U �.O a O aJ U ,E a «, V' '-' 02 00 a) o Q. ,v,, w 0 -. U U 0 O .C• U an T cE 'S a) •� •.2 U 0 0 w 0 U g E x • .0 o vn 'Y o a w c 0 C a in >, H 0 .n w Ct 0 -ay .a c.. (1:2 ,n .. a py% d... O O 'ay .� U .av, •00 .0 0 C • o w •b a o F" o a .4 0 0 0 0 ' a F. [� y a 0 o °a' ° i° °o ro ° 0 a cd C ,o C 0 O a °' a CIO o G ,0 •3o c`di w 4.11-,. m. 0 o . Q N do aai oW k. o 0 v Ct C°cn 0C rNn a.v + E 0 b 0 cn a w 3 ( 0 3 a E o -1 a.) 0 G EF� .' 2 a.- apO :• Y g y u u = 111E I. y • V g, c E oi •O G 0. "o V O M O O re, 2 a '4-4 G C .-.. U 'G '++ E b •a w C 0 ,V E.;.,•• 1/4? id s co C .o .c° n .Y >. c° o n 1-4i a b .-. .�y c 'd Z U O C E. y o i) 0 30 ,au cad N 'G o h ...• 0. 'G w ° C7 O .y 0. U CO "v, a, p U o d E Fr N .a C o ° .c .2 c ) 3 U U a. a) .2 0 b C o 'E oz O N C G � U � OaUa,YCyaEN ;II: [� . 4. wyiU.L .0 UQ Q U b C cd •� Q. a)" .C, cCd Ya .U, U ' C ++• .� wroo da ° aaGao ° ° cC CUh w °C)° yY ° E aC ° roocdo .G00 OUa ° �, CvF• aO , 'dao ati> a°)iooda aaaiCC) Ynia°io .C ,CaooUUT 0C (1 ° ° >a ❑ c = 3u3m_ 20 -inCd w °°' c ° C) 0 'o ° b t C C. o a) c0 o U 0.Os od � v . . ° >i C•" U A U N a) y U 'Y .� 7 •.z P. cad C RI ._. .y c.) .V O '"N U oc3U .c ._ .2v) TE. C4 'S5a) U � .E ° ,cC c .: ov <, .9 4 U w c O 'C . o �c o 0 3 .ti E S E a C C € C •?) ❑ 0 ° Q. v C a r.`46 3 y F+ a) cd CO3 c4 EA C o v) ° U _9 ° M C) o •° Cl) o, y C. •0 •O-, cd a. cUCd Sat 'cd "yC ° .V C a) U 3 a cad G O U y cvi W a) t' w ..- ° 30 ,4_,N .ti w C - ° o o x0to. '� �.° .E ° o ti G a o 30 'id O '�- C .° OU cd U -o E C ,O 0 N o ,9 g .-. V) C M .� et Cr 0 y C h P. cc; _. ti .y' •"Fy E v) w U a) 4 0 V U c,0 o y t� w •17, o w •• oE C o °q b a ;) o a..ty o ..- 'cl o . . a U e 0.. G O o C 0.a) p >' a, o OA N O w .C .C .0 N R.;b '`'7 .� o U 3 , ." ° ° 4r cd C • U w a) o n, v ° o ° ° d o >. C.; a C 43 u, .y 'G v] U U .C-� w „CU„ C O •V y ..C, ti .0 a 0 ° C•G 03 a) .� 'O , U C <d o R y a °C .G 6, •- E .C '° y cod CA o C ,oi, >' a) '� id Y is a) v .Y O E 'i' C) C a 4 U C)) U $ Z C od o >, 0 •o h c°d E ° C .- v y o .4., cis U N E'"' a o o N a w N ° 0 a C .ti a,n c CI o ° o ab ° o ° �° av C m U w ° ,n x' v o a .n a a y ) O 0 C ° 0 •"-i 0 •01 o 'G v o E ° c t) 'G °' o a aai o v e cn v a v '3 v�! v EU b a) .E � w O o O .v oo o .-- ,,,..) -e ,in x '4 o C ,-. U" N IS GL^,d v) C C4 N .C o o a$o 3 0 0 C -- V c C Q.-4- 0) C. 0 cdr, g6a. 6O .oa. .EaF •d -c 2 ' w. u -0 8 1 • e • i a I I � � >y' `""' >' N w o o p V C -FA V V isi. 'n G'tt y U O at .y o O ° w a) a) a .N. G ti .0 rn C o y T! .C .E A OA ,-. o C Q 5 4 ' y 3 W. .Y -' mac) y c) a.) a .., 0 od up o V _ y � .� w o0 ?? o a Et 0 0 al o h ooc � ca b cCU 'Od F C �'_' "' '.�. .� d 'O C m cvs 0 .4 .p V y C V X •Y p En �p 3 Q is a x 4-0 v c.0 a '0 o CO, ,,, c co o E y .t i.o YO N .y to C Ct 0 0 H .�1"'-, C o C .0 > 'b C 3 V .c ro O w .0 y O '- V a) rn w x = ca b1:10 .0 ° 0 c .CUt o .b W •- a '8 .- 8 , x V Vwo m 3 ° d p+ N .D •fi�=rr c •OM .a) b W O ',-' .'c., ,LA 0 p y it o C a '° 7 .E ° 4 .i 0 > .. O G a .o y °"' r0 4.. co .0 0 Gtn > = o > > v ? bp abi o o V cu > 'p 0 • F a b • � p .5 ti ,a G N a g H a av n a) oN E E C o V a v cc-, o1.4 ° .0 o a) o [�- F Y a r0 c c ° w on N n a N .c • 0 V a, V p ,b -cP. at y V W b v '2, o a .°)0 7 3 •Z T .n .o o o coo I •y crl c v ro o > V c° . T� N . a go = to.. .E02bo0Er � N 'd I-1 U0 00 >>'O V '.C., .a .�., C V i.4 'p ca V bli y h OcnCel Cn V4 0 ,Y ' 'O U o .-' ..5 O .d c2d •.'7. ..2. vi C o o ,Y °� C .C Pc 0 WO O Q X >O V "0 'ct �' c0 U >` T b OA ti .0 .n V C V V „p ,0 N .. V .3 n O F ca •� .0 x a) .� a a'> a y c b°' ;N >c> c w ca 5 V .C N r N .•. el .-.--, d an U O w .N+ ,o a — el .Y z V 5 >•� >0 a 'C7 .. y. p N a V _ on v o n > C C °.p V , x . o to • V c.. V au 'U C V O �- b .C C .D ,� 0.. '_' .+ - • a arl .� C .^¢I o U O' >i ..• C .? N 0, O 2 .' O. ca p �+ a a O ° b O O N ~E-, a) .2 ❑ - U 0 E > °) V N U r, w a N Ls. ca V h � V b V r. y .. .C V a) Y o .. E.-, v b > •U L v' .V. > > V a) to .9 °J b ctii by O 000 7_ y O o 4 V o cii an 0 ro 0 - a .c 0 .c .a Q a) - 'o >, v ti n y o a) rn 0 CJ ,c .N., a�i 2 •o w c°') E •.. •a _ H o •- a o •a.) 0 V .n C V R F Q Q C V V C O V C 15 O ca .0 V a) b W > V ,L 7-d — C p 'D ca b U a) rn N '-V' > o U cd cc-El .V. o C w g Ea0) X .Nxa > c Ma a En � o ctp �,b g °..' co , x aw '9 ❑ tn .C r4 V ."'.. .VV. o 0 ca L or U a > y V C U OA +� d p b0.,4 VI — C ..C 1 in C OA y — '° ,G > 7 3 a) p A,4 .1 C 7 ,c C O V cd .— V V y —, x R1 V C Y7 ..y . 0 U �d M C] 5 an E 2 r.d o E -2 C) .-a c�a .c ll oN 5 ut Ca p e at .V at > o co .0 tn 0 >� •^ .� o t--. .0 C o o cI +-. > -C O o 0 ❑ .....0 .--", x d ti o Q a to 6 0 o 0 0 ''c vl U .o O .. O a > U tl Y � o � O C .E •c ., .2 B on o 'a Lo . to 7 a) • cn ° ..O ma cn •o u o a V O ,.. o `O 0, cd C '" .., ;; ctl t .d y 0 --I > 4.. ata) '_' 4... .Y •-. N a 0 y y 0 C U .YO. •o Q y O b N F .+ Y N cm- fa . ci C x o 6OO2 -2 0 0 00 , d .0 c .o •O 0 c y o o con "c rin ° tu 0 S2 = c 0 0 t Y m'di c -. -• :id 440 ° ala w a • c0a cc)i o C 4 'Ct p .C t I-4 a2 •> N 4Cz. m •O� o Y 0 E o ° a 0 0 , c° °� "' ctl d .0 w a c > 0 Q o v' •--� a O > C C — o C O .0 0 Y O pc Tri. um, 00 Q Q N N N C2 tn q 0 v4 y u w a. c cd d •� > H •o C C o •oo b H ' i •o x x w o U c o Y ❑ Y e a.w w a. L. ° 0 .n > a. 3 Y Coa " o c to o U ' c " a 2 o .o � 'c 3 C C o .4-1 itl E. Om•^.' O 0 •E 0 o 0 a OY A 92 Oa ccs L >, t 2. •_ 'D a �a y >, a O C b > -a g cxtl Paw •- O cCii C 2, y ❑o❑ o .CC o �d 2 0 °� '- •o C y �^' n° o .-4 .0 h c„..R. O o a. o cz 0 >,.. .r4.1 d > C V E . > ,.) d • o b n N N N ;^' « a N a p a cn O Q 0 y N tea 'VC 0 F a'j rtl a imc .0--� O b cc9 m O C 0 .C ° c a itl V 0 �E p Y iO , , Iti• .� . Y G : y I V •—, VI 7 0 0 '° w o w 'o i ° '" V Li.01 V7 F 0 U ..C. may.' .Y Ili 8 ai o — O 00 ;, ox •- : o �° Q •pp C 3 n O ii > "EL, 0 0 0 0 0 on E .o aai a c o .a d cc, O c .N C 0 c•d C C •2 Q C c C ' C� 03 .M O 0 is C ca cd . i W N a .2 N .I .. .0 H � � cQ .9 O dD E ._ M U w c[d (4 C c .52 .E.. Cp p E = c 1 E'. O •.°. O C •y q �C c c Q c lc N 'e b > v, F' Ri ° C 3 a� 0 p • Q e .o b N p O G O N .YOC O > cc) U U „coo ,... 'Id O E c.. N O .O •E '0 O p,'w a. O O N ›. • 0 •.G '0 'O C we A 0 O .0 •o O R 4. •.. cil) > ❑ c o c cXd p o0 cc •C —O N V Z. cc Q O 0a. 0. Z E C y b •" C >, C c, c C •G a C df y O ° NH � w ° °? O 0 6 .E Ta o 0 .3 eQ '� v, O O .' • ,h C K C C O U o f .x G o cad r. 41 y o -O b •O «. O " 0 °°.0 �p-! ,d. c cc E obO vi 0 •O 0 c5 'O o •aNi 0 p a 0 a.� ° v 0) g w d a. 0.Q CO° v0 IS 0 c c -•'0 en 0 •Th � 0 8 .0 C 0 cd V .D 0 0 �+ .'... Q' O CA C .-. 0.i N y a pc ° ^. a. cad .0 a Min 0 �. 0 n'� 0 0 y .° V] .0 O Ci 0 c o "C a JD d b M ° c 0U 0 y •o :di? ° 0 U C C '� Cn a tad 0 ° 7) •^N^ > O .r-.'cd Ci N o o C O iS 0 b C ≤d C '� O n N O p C .M... C •N '0 C = bc. a a re r;11 zt t 5 � 0 .„ 12 t) -0 .5 0 ro c Q .Ec' 0 0 0 3 as 0 4.) C E C '.C. 2 •G ti • 0 E 0 -' Q a 8E, Q a o 5.2 O .D 0 w ° O S,) N C N C •o .C .� .F. N C of):-0- O U 0 C 8VC C c p Cq Q v .O 0 V >,'G •0 .°., m N cc c, 0 M 0 ..C., •N C �" N k=. O 5 .ti °3 s� .� w 'c •g b ° a o r., b 0 .o - 0 E .76 -6c2, 2? c cl CC]Oa ° � ° Oc. o 'o la,, ,° a"i o ° a � E C id C C X A c .C. ?? .o c� Z •6 CA 4 c a ai c y '0 C 2 2 o a b up > el> c wo 0 c0 '° 000 _ 000 .0. o .0 >. 0 wU 0 'O 0 0 7 g CO t o cCd G] N El ,- o .2 ... C .D .t C ,. 'p C N N V, .....- b". v .a 75, cCd' H p" •id oO o C.C. 5 ' F ,) cad G a• tt C 42 eu 0 - N O . cn C O 0O. N bo cn ., CO ` cn 3 .n c°/i >, a' 0 o 2E2- 0 0 cd 0 x ' O 0 .c x da C o 0 Ca i.e., U 0 0 .O 3 U 0 O h m — U ate". 0 O C Q) O 0 N '.C.+ C= F. .C. 'y ° • •^-„- r - '° E w a 4.tn b O •4 • c❑❑d O •.�'. g. " rn 5 '4. M C - ", '0 V .D 0. T O y N 0 cd C Ty N V O a a " o cd E .D cc, a) E...! ,O " M .C O' 0.i ° v, E R,•.. > , ,D �" " >� a 'C v o ° > .2 a ffi > bu M N z v 0 b N a 0 p".D ❑ to O y .4 O A N •�., b CO �. 'O , ❑ �. •� ❑ O O O a O C G U CA ro • O 'ti _, '� w .Ca °a.'C p^..a 2 vi a' o y vi c •. &) o' a N y 0 h M c tv a w O ya.. - -ry" — >, °a D en � '" 03 ova K a a C _ 0 0 O 0 cct 'o U v cd 30' y a c) ,-. C 0.. N O O ..., O .. y .: U1 y " Q•, 0 "0 w w O U o cCtl •" y F. b U •C • w ^ .PI Y c v) y 2 v o o 5 c U L. ro a. F. c0 E • .L = .C P. O .Mi V O N " y a' C O ill y ova N •: E • a " .-, E Cr " aw ° " .,. ti y cd a .2 cn a) ° .O 3 > O 0 0 cc .O O pr, 7 Y O C a. U 0.1 ° A H . o .E ,- E 3 2 o 'i' ° E c > . -' a E a. " b c.,-. el <I o a.0 a' t)i v.1/2. c a :. Ew a y Cd an N a ? _ O N " > w ro o aY . " , x � oo `° Qavi00d afa.ozi, o w y C 0 . Y " .Y CG Y a E CI 0 acl -DU cE ° ch o VD r.O CU •� as 8a. cn E w 'CO O b11 'Y .C C O C '>` O CO .O C to at a N cy '.a. C c.. •a+ •b O a) " 4: y0 " .� 'L1 by V) Tb 3 p " A U y .� Y O' O O ,� a •YN p ° .o�. aim— 'a' aI,y0., is lam. .a a • O" O a co, bO.0 w M R. y v, U N y O .S"-. y a) .4''.. .p rO., id •° c aa.) E' C .O c� 3 •" ^ �" ti U " o a .vi a ti 6. N o 'Y o .o ac Cr,,, x Y 'E ..-.° C [ ° $ nr3 .o U > c v -. Q a, a. 0 U c a-' c"d o .o Ttl= O 'd cd ' w O 0. O .� ^ O U " .D O 'o a a .C '° yo 3TTitab " '•� oct-. t � en,ayci _ o ct° ° do 01 4 a aZ ° o E 0 '� ro v' o ,9 Ca coo C ° w •E w " 3 a." p aai N •° C.'� a Ct N W M 'ca "" O cd " 0 .� 0 a. .o E ° a°cl) E .a c ° o `° " 3 c� " c E ° •_ c 0. " a 0 b o y a g 'x .0 ? z 0 .• y •C 0 vS "4 • 0t) 'c- N .�ti C y a) �d C a V] cad '� P.Cn .CO+ b .0 a.o a C O P " E b H " ° a ' •0 C• — t ,o (- " o an " .Y a E v U RT W .- F3 a 3 b ro 2 o O' a�i ;-n .p $ w 0 •o .n o o a d o c� ba"n• a>i a v 0 a^ett a o 'C °D. C y cad >, ti 'o . .a o O a w° f:0 o o�y C] 0 " E a '≥a o f vi X ° o Z -'• v C cd m " C R.'7 O O. U M cd - - V ry •m ot E `.b d r S °o_v E Yi 'E c W 4 g p y C P.E .g9o� „ a1 o vi ys8 0 '3 ;2'0—ao n O 1 ED Lu�i 'N 'p TE e t'L N t 6 ' ii T Y vi m p.., O N O .D .O O y 6.0 d O . o E0 en -ca oLi-, T • G c ° T c ffi 3 i v -454 o 'o .c bo . .O $ .y .� E `".4a 2 = Ew 0 E C v ca 3 'o •G 3 °�i ? 7 v o c eCd 0 -ono — ° 0 w U c s °Ai o d C 0 0 00 b 'C .C . 2 = '.- '� U) t°Jn 0. 'U. w0 .. •O "Cr O E a V .O a U 'C Y i::.5. '0 o O, c8 z of tip, O a+ E c cQ o .9 N O boa O' mica icy, • •EN " � Q0 � T O '0 • 'E' cn •-0 '� b 4 al 'N E • 0 sO. cn ,O ' m 'd a 0 cmd -eau ,Ca �" w 0.) w U c.4 'ti C Ca '°° 0 m ,. o . 0 0 .n N al C ° 'd Y 0 VUi 0 O .nay 0 ..r i YO ate-, •O O 'C 0 cn cd 0 .O al C O .N E 6O, a c"' O T.U C -o w O '4, c" Q C 0 O 0 N y O C 4. 'C O O a 0 O C •O O m O o C C M .D w eel c b '. w rn °�i O .mac 'C cCd O 'C O O g O C 0 .>. YC. c U , . Oa .ct U .8 U G) --''° 7 o 0 N Q 0 " 0 E o ,c 2 u cti q a . ai t cod C 'CC N � .'.+ 3 'Y w .N ck" O •C 2 E 'C of C 0 .15 •3 C Y �� f L.-) OU 0 b d C C .0 3 a 'O YO ' '7 .E0 E ' O > w .C 0 0 0 2 0 'n O O •O 3 ry en b F, -O 0. �d .•3 ..0 O O N 0 '> m 0 0 "Si C 0 O F: '�:. O Fi '��+. cd •�. .C�J .4 • a cO y w ¢' y O 0 C o .F “ • >' 0 .0 N 0 O E Q-, cri n X 0 �0 O +N'' 0 W y [ 0 °C) .0 - W -- Ca O C `0 U_ C •E.. N O� o n O 0 p .�-, N .L O .O 0 .C 1'ny .00 0 tt 4. O. r°. .o •C Q 'b si C .. I-, C y 0 . 0 o ... .en 0 J. V • rn rr cd p, 0 y 0 C •C E ' tn aN, 'C 5 cad ' H O -no C 'o w p" E E O 'b .,.., �""� ti -O t •E' U O cd Y �. ,= 0 M T O o '—' O 0 C b o •0 YO .ON. E x „jO .OO n _C'.O y o rn en cod a- it. cy, C a •C • y 0 C . -. 0 a �n C E o o ° ° 0 W ,en• o o E o f E cod O t ° Y E 0in te;t 'C •- d o d cd *6:11 O 03 o O a al = ca L • ;y w •> o Ca °d 0 .a O a o 4 14-0 U 0 o o' c .v 8 a 6. N 0 C a 3 .°.. E `a °>i •E o E •0 on 6, o g cn E .-5 „O O m Q Ca :E s .E CG 0 . Y o 'd '0 a b E o U 0 O E . a 3 o°'n n .Oc) ° 3 „ h o °' is Y 0 Ti 0 c • O oa E >. EP 2 f 3 2 N gq 2 g JI 8 g Y O i no N ti Y O c p 0 y O 0 0 ow •3 ° ' rn 4 b a w o p c • 4- ,,, co t7 U a b0A G, ❑ �d a r.0 N •y C •W cd •ti V 2 p >. U •2 'O to Po• '0 U O Q y ' SsJ "� g �' � ¢ 0 CC O o Cam , [ ca 0 4 - ca 0 -5 •U 0 •� 0. c ••o � ,0 w V U cad o ti w a) m O ;� .�G" ccd ti 0 0 .0 a) .cd 0 c2 cd 0 0 E T1 ❑ U .= C •bA O y7 V y F. C.) v. .� ❑ 'C .d • U o .O cd U U, a U H r. c^ c n V 0 'C cd 'y y > 'O 2. 0 •. .o 'd ,o'4 a, b4 a o 0 c °0 3 •- a c " aadiv� a0 . •s o2 a - o C 0 Vi `i°" > a o v 0 w 'O cu i. N O 0 t• 2 O0 0 a > u .4 O •L o 0 '> 'O M o o of 0 o c ore a 3 .p Q ' I) - 8 •5 aEb c .o .a o p =y F a°�i o a a bA d o c . a 0 2 .c 'd cu c Y N a Q .h 0 5, 0 +, E .-1 0 cd 7 O c« •N te-• .U. Q cd U y p .0 ,c 0 '� w >. 0 c" .. O a) d w c0tl CO b0A•0 C cd .ti a) o c vi p .� . I U y > . 4 a') W vi i —, -, ti 2 cod o td U U Q 0 'o c 61().°0 4 > N ¢ N V 'NO •N a .--i V�.. 44 T'O C O0 d U +' U •O .U. to N 0 O N y 0 U .c .. 0 E CO a o a0 o 0 Ca . cn FLl M 0 3 c E op, 0 U ,; id W U ti U b W AA •Y 'O O G . 0 O C O 0 cb o w cc N" tilt' a o • c"a U °oA 0 •> ' 0 'y 0 t A .E i >,2 0 p c U a 0 o �' 0 cd o� O .y 'L.' 7 al a 0 E •t 0 o ,bAa acn 2 a) 8 ..p a 0 w > o a E' ti w = aCi a 0 .. Y o y p .+ p o 8 .2 o c ❑ � b ° cam � a A '� � p E CO a) ',j7 .o 0 0 0 .o cd 0. w h y o y 0-d z C O 0 P. Q " I. a 2 own s. 8 0 8 •0 Q .b ' N y •'3 .c°.i en oc .C •2 .= oo .2 •o � cc O •> 2tio800 �... h a) c O ' cd ++ U 0 Co Q 0 0 is m O ..U. YO O c V] -c Q o aJd c«i ti tug V] ow a • ° c q 0 ° p .4 040 ; °' . 0 •0 a•= 0 72 0 .o a. _°' °a' •-U°), 0 0 F O 11 a• o y >' OQ c 0 a y o y ❑ c.E W d E >cn _ v) c 0 0 • .o a c.,1 ri 0 ct Q of U O 0 •b U w a) v o b >' c - o m •v O o a cd c 9 a . N 0 U cad c0 0 cod cc) v) V U N b .-I ti x. v c ti 0 c c b c •2 4 •E •C o o a c a6 O N Q N cyd a0i) 'o O. 0 p c . oaf) •.+ o ,) .Q > V pa a 0 T .a?, •U U N VD Q •bi°�o Oa O o 0 "' U o p .. O y O y .O v ca-' vi V .0 0 a Y .� `_ a -o 2 CO F 0 cps ate) o nc o o t. .-. • O 'in U C tad .) .O b9 '0 I-4 G. 'o tu Y v •A q a .o v Ul >, .. ' .N 0 v O cd c4 C t C cd ca y b C cOd •te_ 0 a 2E C o o°-� •- O O U cc:. C O o H •- o U P5 C ,0 a '- a q .n 00 •° 0 '0 U U z a•Y .) a 4 E N .E" cid ccq°' .2) cd .b a 2 -'' ma C a 72 y 0. � w a s a O .Y a0i p •ft t 5 0 ai O O a. Y w al U O w a p ° axi w C U -Co y w v ° Ct wpc v Y ocri - (� ° "v 'o aai ° •3 o o c U C00 .° .° y o o .E O 'i ct c�-d .aa w w r •cCa 0i •b U .N. Q A O U O 0 4 b bf9 09 ti O b U .4 0 N U a am, U o 3 0 - o ° c„ xw b.° ° 5 = •x ° 0E ., O °' Q " cy a U O ,O " o 0 - w ai c; a W O 4" O. l� a O .O 3 ° U ' cd cd U .n � 'Cr o U w aoi b a o a 3 a = 8 - o b9 Oct cri O N Q > 0 °d -O a b o> aV ¢ 'O cNtl .L L''.r b ,o O .4q •[ bO9.d cj 'C •ro O U O b. ti Oil+ a a w •C ;0 cc p o U U > U O .4 cd O O O O .O cd a s act C 3 -2OO -o aad ° aW° U T a cod n) y -C '0 'C C 0 'C E 'G a. 'C 0 b U cad a a a ..a O :a as ° a O 'C cn w el a o 0 -O � H b9 0 U •C ."�'. T a C C W ..'�., 0 0 •C0+ au .0 000c cc-. •C G am. Y > cad •,00.• .O <d a 4� "U ° J, 0 a> •.. a 0 0 0 `1 •CE o o C aai •— 't 0 .° .Y°a cimmi czi im, '� w -o v z o "o a O c0 y W ° h .o ° 0 .o o 'a ? c 3 W W ON U cd '8 U z w a 0 i 0 8 0 C ti .y aaj cfi-. w E w G. .G y N O Wi. ° $., .O N U O y c 3 3 N in b 'Y ry _ b i. �+ ~ N a U O v v) U U N W w U U Y " a O ^., 4 b9 `�' a U b9 td or al a' a s U C a o sm' a s .C U U o C .2 O y Z O H Q 0.. O bq Q Q yam., cd O cd b9 y, X E cn • cd Cn U h O U a . G o a a O b9•a U U cC.� F. a) n a -..a .U, •'vi O •mod U U .tJ P •a A a o o o ° w 5 ....2 3 c g v 0 a y . 3 O O .o VI et ro > Q ° ? Q 3 ni a co-4„, y � � .� y .o a O N D O 77 O ti .Y 7 a .. v YO 'G p 0 .=° O _° o a o a °r) O 03 o b o o U O a ,> ' Q O U F� .d b c0i c Q .C •" U U a) by. izz c 0 0 0 ° N -O U •U C V a N a by9'Y y 'D a' a >O •> — o A a�j h O cc; cd yc-j .0 0 S.' O O .a L C >, O F' up V -- U .O �. v c/ h E v) cn cn cn � v) 3 o clap can .' 2 U. C .. O 0 W `i' en O 4 Y 0 C 0 n) d • 'd o is bO•cj c«d O C �0 C ° c o .N. 0 G C 0 'D O O . .Y .�C. > 5 .C v7, C ct at 0 p C ° U u 0. i.. >•• CJ U .2 L'" bat gC W N O 0 'b C EO O 'C .Y , 0 CG , 14 c o w ck7 0 °i E ,0 0 ° _ t o 00 p -0 C«. OD5 0 C Ca 0 a°.• ° Y i2i •0 C C' O C) ...; m 0 0 0 o ,o c cd 0 0 3 2, Q C fy.0 0 ... •y O o c „ c ° 3 4 E'.°O c - c 0 _ 0 0 a O Q ice. — o 'C 0 • CZ N ° ii. C1.. C/ •C I�r V O o, E''•C ° o a g CI) Cd ° • C b a 0 a. 3 0 i., •° a G 0 ti E cn ur X 0 by•fn ,� U 0 C cc) ° x 5 — •� •c ° •2q a Cd 28 �, '> k N '� : 3 0 C •C .Y ,0C E ° 0 i. ° P. Y ,y O O vi � O • W 0 0 0 iO. U C -0 •V. 0 O 'O C C ' bp O C N •— O u a 0 o .C 0 '4O p 'y C C C G. 0 •0 V ..._• .. O Cd o 3 U E 0° CaY cl 0 Y C W b 0 w 0 •O C O C 0 C 0.4 ocn f o w z o o .o '� ° (� .C °4-4 C M. C 0 0 = 0 E C 3 O •, c 4- 2 0:Li 0 0.t"0 .C c0-• p b9..N. V C 0 0 O O 0 td a. —in 0 4.' .; .0 6, 0 O p" N 0. C •U 0 m tC cd U .r". N tai " ° (i N a o C 0 ti V N 0 pC > o C .+ I . C . y 1.. :�cs,N c�cctl C b C E U .,2 o b 0 F C cc'". , ct C V C .� 3 0 C N O 'J 6' U t° v, 0 .•�.+ 0 C Oa .. O i. c,,, vi •C O C .P C .2 .C 0 . b4 k.01 ri ' . ° C C .. O C 4. C C > C d .+ V y WI -1 ca. eiwoo i b c.C ° . •g C . E ' ° - o 0 - v U E .? •o w .� w 0w a '5 C E 3 Ccd 0 O y N CU U C O N g 02 .E y \ O -- U '4, O 1U U U C C .N Ia d to. in C O r O _ C 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. EXHIBIT p¢h#2o(n-ll 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. 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. 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 32-1-207(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. 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)(6), 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. 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-I-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. 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. 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. 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 2100 DENVER,COi.ORADO 80202 TELEPHONE:0303)592.4380 FACSIMILE: 4303)592.4385 MARYANN M.McGEADY DARLENE SISNEROS TH -IA _O INA MARY JO DOUGHERTY KENNETH M.K EL ANNE K..LAPORCZ LAPORTA MEGAN BECHER VALERIE 0.BROMLEY RUSSELL W.DYKSTRA KATHRYN S.KANDA JACQUELINE C.MURPHY GEORGE M.ROWLEY MEMORANDUM To: Weld County—Board of County Commissioners From: McGeady Sisneros,P.C. Date: December 1, 2005 Re: Special District Policy Cc: Don Warden, Lee Morrison,Brad Mueller, Chris Fellows At the public work session on November 17th, 2005,the consultant to the County on the special district policy presented a revised version of the draft policy which addressed some of the issues that had been raised by our firm and others in the special district community. This memorandum is a follow up to the issues discussed at the hearing and sets out our recommendation on those issues for discussion at the work session scheduled for December 5, 2005. 1. ABILITY OF DISTRICTS TO PROVIDE SERVICE BY WAY OF IGA, EXTRA-TERRITORIAL SERVICE AGREEMENT,INCLUSION/EXCLUSION AND EMINENT DOMAIN. Current Language: The policy as presented on November 17th requires that all proposed IGAs, inclusions/exclusions, extra-territorial service agreements and uses of eminent domain not detailed in the service plan be brought back to the County Commissioners for Service Plan amendment upon objection during 45 day notice period. Effect of Current Language: • The current language limits the ability of a metropolitan district to function as a separate and distinct entity from the County and forces the County to micro-manage (00058281 DOC Y:2) - t Weld County—Board of County Commissioners December 1,2005 Page 2 certain affairs of the District which may be governed effectively through other means, described below. Suggested Revisions: • If a land use is approved by the County through development plat, land-use plan or site improvement plan the district would be assisting in implementing land uses and developments that had been thoroughly reviewed and approved by the County. As such,we propose the language below be inserted in Sections 2-14-20 (D, E, F and G). "...unless such [IGA, inclusion, service agreement, eminent domain] is required to implement a development plat, land-use plan or site improvement plan approved by the County." • Public discussion of the land uses and district participation will occur during noticed meetings of the planning commission,County commissioners and the district board (and two district boards in the case of an IGA). However, as a general matter,we propose that a requirement be put in the service plans that post-card notice be given to all property owners and residents within the district of the first district board meeting of each year. Individuals would be aware of district presence and meetings and could participate if they so desired. 2. "ROLL-OFF'OF MILL LEVY CAP: Current Language: The policy as presented on November 17 removes the allowance for a"roll-off'or removal of the mill levy cap on residential districts once the debt to assessed value ratio of such a district is less than 50%. Effect of Current Language: • Tom Bishop made a statement at the November 17 meeting to the effect that "even years ago when non-rated bonds required 8% and the amortizations were typically level debt over 20 years, the mill levy could not mathematically exceed the 50 mill cap under the circumstances where the debt to assessed ratio had met or exceeded 50%". The set of numbers entitled"Projected Mill Levy requirements based on proposed Series 2005 Bond Issue,NR, 8%coupon, 20-yr maturity", demonstrates these circumstances. You will note that the debt service is level and amortized over 20 years. It is assumed that the debt to AV ratio has already grown to 50%($100 million AV and$50 million debt) and will only grow by 2%every other year thereafter,due to reassessment. The highest mill levy is in the first two years at 47 mills and it declines thereafter due to assumed reassessment. If the AV was static (00058281.DOC r:2} Weld County—Board of County Commissioners December 1,2005 Page 3 thereafter,the mill levy would also remain static and never exceed the first years 47 mills. • Mr.Bishop's second point was "today non-rated bond interest rates are more typically 7%, the bond market readily accepts 30 year amortizations and we generally size our annual bond payments to escalate slightly over time to match our assumed 2% reassessment every other year,resulting in a significantly greater cushion to the 50 mill cap." The set of numbers entitled "Projected Mill Levy'requirements based on proposed Series 2005 Bond Issue,NR, 7%coupon, 30-yr maturity" demonstrates these circumstances. You will note that the annual debt service is escalating slightly over 30 years. These three variations to the previous scenario bring the maximum mill levy down to 34 mills,which is 4 healthy cushion from the 50 mill cap. It is Tom Bishop's conclusion that this analysis demonstrates that in today's marketplace, there is little risk to the District taxpayers or the sponsoring agencies if a provision is allowed to remove the 50 mill cap at the point in time that the debt to assessed ratio drops to 50%or below. Suggested Revisions: • We propose the language below be inserted in Section 2-14-20.H. as Subsection 2: "2. The following adjustments apply only to Districts where all of the property within its boundaries is zoned for residential use at the time of the issuance of bonds: a. For debt which exceeds 50%of the District's assessed valuation the Mill Levy Cap shall be fifty(50)mills as adjusted in(H)(1) above; b. For debt which is equal to or less than 50%of the District's assessed valuation, either on the date of issuance or at any time thereafter, the Mill Levy Cap shall be such amount as may be necessary to pay the debt service on such debt,without limitation of rate. For purposes of the foregoing, once debt has been determined to be within 2(b)above so that the District is entitled to pledge to its payment an unlimited ad valorem mill levy,the District may provide that such debt shall remain secured by such unlimited mill levy,notwithstanding any subsequent reduction in the assessed valuation of the District." (00058281.DOC v2) Weld County—Board of County Commissioners December 1,2005 Page 4 3. POLICY CLARIFICATION: Current Language: Under the policy Mill Levy Cap and Maximum Debt Authorization the districts are given specific powers and limitations. Effect of Current Language: • Section 2-14-20, sub-section(I), last sentence: We do not disagree with what we understand to be the purpose of the last sentence of this sub-section,however,we feel that the language, as proposed is not entirely clear and should be revised to clarify its intent. • Section 2-14-30: Sub-section A: This sub-section originally contained the mill levy cap that is now addressed in Section 2-14-20(H),making this section redundant and unnecessary. Sub-section B: We do not disagree with what we understand to be the purpose of sub-section B, however,the language as written is unclear. Suggested Revisions: To properly implement the intent of the policy we recommend clarifying the stated sections as follows: • Section 2-14-20. sub-section(I): "If,within 45 days of the publication of such notice, the County expresses to the district a written objection to the methods or calculations utilized by the financial advisor in determining the additional debt capacity of the district,then the issuance of the proposed debt shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32- 1-207(2), C.R.S." The above language will provide the County with opportunity to require an amendment to a Service Plan if it determines that a district has erred in determining that it has additional debt capacity above the Maximum Debt Authorization. • Section 2-14-30: Sub-section A: We would recommend removal to avoid confusion. 100058281.DOC v:2) Weld County—Board of County Commissioners December 1,2005 Page 5 Sub-Section B: We propose the ollowing revisions to this sub-section: "District service plans sh 11 limit the issuing of new debt to a period of 15 ye from the date of a district's first debt autho zation election. If the projected development p asing, as presented in the service plan,is of a durat on that makes it impracticable to issue all ebt within a 15 year period,the district may p opose the issuance of debt beyond the 15 year perio in order to provide the services outlined in the s 'cc plan. Debt issued by a district shall have a m imum maturity of 30 years for each series of d bt. Refundings of debt may occur beyond the 15 year limitation;however the term of refundings sh 11 be limited to a 30 year maturity. }0005s281.DOC v:2} P o p p� a m aO{ N - .-- Ol 14 N O m f0 i'.)1 i M n p Np P-2 N N M O C .- r N N W ID H I./ in f: 0 N O N o O r N S r tV tV N IV M Y N in N co co r of, co O O r 1 i I " r 2 = w . n' O a�Dp t�{�yJ Er < tp O i eD Im. rnCJ 1p N , Y ra Y fNp .N- N O < W V 3 I r r r• r a E d 8 8 $ 8 8 8 N 8 8 8 g 8 8 8 8 N a 0 0 o • • CO a $ ci.N S N8. S d o o 0 0 o gl o 0) o O o 0 0 0 0 0 0 0 0 0 0 Cd - Ez p a � a ui ui h u) t[) N Y) LOU) N N N Y] In N N N UJ S N 8 O at 3 S 01 y Qp E LC) LO Of �p N .mi. L N id en p4p� 8 p�p�� tDI o V q2 p7 V p8�� pp-• N N GNO pN�l tppn0-� zpr,pp�� N Z cl m O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 I tO a .§ N N N N N Y1 N N YI N In N N N ui N N N N N O N {pp p in O N N N N O N N Cll CO c- O) N O N N�l oopp n r I. 8 C x NUn N M r r N CO d r N Iy Q r y- co N N CO D- N N co )- °0 ^ n n r �. N: n A r n II, N n r n r r n r n to m O a CO CO CO M CO I7 CO CO CO N CO VI CO CO CO M CO CO CO I7 N 0 N 9 N q10 4 y O (O (D 10ri: ^ O N A m l+l t0 t0 I. ' O t0 N A ri ' IA IA y LL o Ni V O O at V '7 a V O V Y a V O Y < 'P V Q pNp V 6k. e ((��ll ((pp (p �p V C N CD N <V C.) M p P V N N e- f�- CD N O 0 p Np N V O o e co v v v ? v e a v a v Y a o- v M M a a x 6 CC Z a 8 G p p SR 8882838888 " " '"' N ' °' °' 0p00 �OS001 {SOByySy$ �gpONC'i. 00NNdm8pl �OpIOo) W pNlpNl z t, > O O O O O O O O O O O O N N . �' tND A O 10 W E Y X p. - tl 8 0 8 CD a m CO N M co C, N n QZ YY 8 VoV O tV p o N N C) 0)j f M F. O a o v- Ir 8 N N N Yj �rf U y ��F, 0 N a a a a a a a a 0) }{ ce 5Li N p p p • O O a O O O O O O O O N 0 0 N 0 N 0 0 0 N N a NNNNNNNNN a O 3 4 SOURCES AND USES OF FUNDS WELD COUNTY METROPOLITAN DISTRICT PROPOSED SERIES 2005 BONDS Non-Rated,20-yr naturity,8%coupon Dated Date 12/01/2005 Delivery Date 12/01/2005 Sources: Bond Proceeds: Par Amount 50,000,000.00 50,000,000.00 Uses: Project Fund Deposits: Project Fund 48,000,000.00 Other Delivery Date Expenses: Costs of Issuance 2,000,000.00 50,000,000.00 • Nov 30,2005 11:08 am Prepared by Kirkpatrick Pettis Quantitative Group-El (Weld County Met Diet 05:ANOV3005-05208A) Pape 1 BOND DE T SERVICE WELD COUNTY ME OPOLITAN DISTRICT PROPOSED SE IES 2005 BONDS Non-Rated,20-yr aturlty,8%coupon Annual Period Debt Debt Ending Principal Coupon Interest Service Service 12/01/2005 06/01/2006 i 2,000,000 2,000,000 12/01/2006 1,095,000 8.000% I 2,000,000 3,095,000 5,095.000 06/01/2007 1,956,200 1,956,200 12/01/2007 1,180,000 8.000% ' 1,956,200 3,138,200 5,092,400 06/01/2008 1,909,000 1,909,000 12/01/2008 1,275,000 8.000% 1,909,000 3,184,000 5,093,000 06/01/2009 1,858,000 1,858,000 12/01/2009 1,376,000 8.000% 1,858,000 3,233,000 5,091,000 06/01/2010 1,803,000 1,803,000 12/01/2010 1,485,000 8.000% 1.803,000 3,288,000 5,091,000 06/01/2011 1,743,600 1,743,800 12/01/2011 1,605,000 8.000% 1,743,600 3,348,800 5,092,200 06/01/2012 1,679,400 1,879,400 12/01/2012 1,735,000 8.000% 1,679,400 3,414,400 5,093.800 06/01/2013 ' 1,610,000 1,610,000 12/01/2013 1,875,000 8.000% 1,810,000 3,485,000 5,095,000 08/01/2014 1,535,000 1,535,000 12/01/2014 2,020,000 8.000% 1,535,000 3,555,000 5,090,000 06/01/2015 1,454,200 1,454,200 12/01/2015 2,185,000 8.000% 1,454,200 3,639,200 5.093,400 06/01/2018 1,366,800 1,366,800 12/0112018 2,360,000 8.000% 1,368,800 3,726,800 5,093,600 06/01/2017 1,272,400 1,272,400 12/0112017 2,550,000 8.000% 1,272,400 3,822,400 5,094,800 06/01/2018 1,170,400 1,170,400 12/01/2018 2,750,000 8.000% 1,170,400 3,920,400 5,090,800 06/01/2019 1,060,400 1,060,400 12/01/2019 2,970.000 8.000% 1,060,400 4,030,400 5,090,800 06/01/2020 941,600 941,600 12/01/2020 3,210,000 8.000% 941,600 4.151,600 5,003,200 06/01/2021 813,200 813,200 12/01/2021 3,465,000 8.000% 813,200 4,278,200 5,091,400 06/01/2022 674,600 674,600 12/01/2022 3,745,000 8.000% 674,600 4,419,800 5,094,200 06/01/2023 524,800 524,800 12/01/2023 4,040,000 8.000% 524,800 4,564,800 5,089,800 06/01/2024 383,200 363,200 12/01/2024 4,365,000 8.000% 363,200 4,728,200 5,091,400 08/01/2025 188,600 188,600 12/01/2025 4,715,000 8.000% 188,800 4,903,600 5,092,200 50,000,000 51,848,800 101,848,800 101,848,800 Nov 30.2005 11:06 am Prepared by Kirkpatrick Pettis Quantitative Group-EL (Weld County Met 01st 05:ANOV3005-05208A) Pape 2 a F4 8 1p� yy� �J �{py �p S 1p� 10(� 1p� q ++ ry S R �(yy pp {�rJ� s j 1G 1� � 1� a1 N N OI O R IpD V OE 1 i W+ +V+ l pO N pA 1'1 ppp^QQqpQQq NY O i i. i • - t O O � ^ IG m N N 1Ny N Ol m m C] I g n n g A f t f t t r V rirn 8 D 11 s its` u��gr� 4, § fig§. g§�¢ gggOAR .@ § § 1 §§ g§. v�§ §. §. § 8g § lfl of $ !., 'n' o JR(g115. g'. kggik 'kgkI ' " 3 AR.4u '� k §. §IM osg3yg mmFEI §1� WWIy §.Q §.gggg g "s. z € � l § rioieiri8i33ddg', a71 Ai3 �7S, �Sid LS " gE 3 e II. R0 ES4 $ I >l pgllgqkYIIRgfi i �+ryio_ go8tg I A.I ��g5( I Q$ N N N N tV N lV N N 1V N 171 M! i'1 O! 17 A tl 1'l ! A 'S 17 1� m N N CI N N f A n n 3 nsmtaa8nee ? ? nneinn gs56 * k! ^. ' ri rim ri ri ri ri ri ri ri ri ri rim ri mri ri + + « + + v * v * v * 8 ue 11 S AAAAAAAA2AAAAAgARRAAA8AF3AAgA g a QQ QQ Q QQ p pp Qs Qg yy yy G R gg EE v RRn ? 9fal§o s § mgm , amm as g ssooaasgaa � ++ mmmmgqo III e 8 m o Am =j § E j p r� oq Qp pr R a N N N Cl rI m n N N N N N Lu A N y g gg p R p p S ! RIRRRRRaaaaaa ; IiliillhIllillil 2 I 4 SOURCES AND SES OF FUNDS WELD COUNTY MET OPOLITAN DISTRICT PROPOSED SE IES 2006 BONDS Non-Rated,30-yr aturity,7%coupon Dated Date 12/01/2005 Delivery Date � 12/01/2005 Sources: Bond Proceeds: Par Amount 50,000,000.00 50,000,000.00 Uses: Project Fund Deposits: Project Fund 48,000,000.00 Other Delivery Date Expenses: Costs of Issuance 2,000,000.00 50,000,000.00 Nov 30,2005 2:11 pm Prepared by Kirkpatrick Penis Ouan5mtive Group-El. (Weld County Met Dist 05:ANOV3005-05307APL) Page 1 BOND DEBT SERVICE WELD COUNTY METROPOLITAN DISTRICT PROPOSED SERIES 2006 BONDS Non-Rated,30-yr maturity,7%coupon Period DebtDebt Ending Principal Coupon Interest Service Service 12/01/2005 06/01/2006 1,750,000 1,750,000 12/01/2006 185,000 7.000% 1.750,000 1,915,000 3,665.000 06/01/2007 1,744,225 1,744,225 12/01/2007 175,000 7000% 1,744,225 1,919,225 3,663,450 061012006 1,738,100 1,735,100 12/01/2008 260,000 7.000% 1,738,100 1,998,100 3,736,200 06/01/2009 1,729,000 1,729,000 12/01/2009 260,000 7.000% 1,729.000 2,009,000 3,738,000 06/01/2010 1.719,200 1,719.200 12/01/2010 375,000 7.000% 1,719,200 2,094,200 3,813,400 06/01/2011 1.706,075 1,706,076 12/01/2011 400,000 7.000% 1,706.075 2.106.075 3,812,150 06101/2012 1,692.075 1,692,075 12/01/2012 505.000 7.000% 1.692,075 2,197,075 3,689,150 06/01/2013 1,674.400 1,674,400 12/01/2013 540,000 7.000% 1.874,400 2.214,400 3,888,800 06/01/2014 1,855,500 1,655.500 12/01/2014 655,000 7.000% 1,655,500 2,310,600 3.966,000 06/012015 1,832.575 1,632,575 12/01/2015 700,000 7.000% 1,632.575 2,332,575 3,985,150 06/01/2016 1,608,075 1.608,075 12/01/2016 830,000 7.000% 1,608,075 2,438.075 4,046,160 06/01/2017 1,579,025 1.579.025 12/012017 890,000 7.000% 1,579,025 2,469,025 4,048,050 06/01/2018 1,547,875 1,547,875 12/012018 1,030,000 7.000% 1,547,875 2,577,875 4.125,750 06101/2019 1,511,825 1,511,825 12/01/2019 1,105,000 7.000% 1,511.825 2,816,625 4,128,650 06/01/2020 1,473,150 1,473,150 12/01/2020 1,265,000 7.00D% 1,473,150 2,738,150 4,211,300 06/0112021 1,428,875 1,428,875 12/01/2021 1,355,000 7.000% 1,428,875 2,763,875 4,212,750 06/01/2022 1.381,450 1,381,450 12/01/2022 1.530,000 7.000% 1,381,450 2,911,450 4,292,900 06/01/2023 1,327,900 1,327,900 12/01/2023 1,640,000 7.000% 1,327,900 2,987,900 4.295.800 06/01/2024 1,270,500 1,270,500 12/01/2024 1,840,000 7.000% 1,270,500 3,110,500 4,381,000 06/01/2025 1,206,100 1,208,100 12/01/2025 1,970,000 7.000% 1,206,100 3,176,100 4,382,200 06/01/2026 1,137,150 1,137,150 12/01/2026 2,195.000 7.000% 1,137.150 3,332.150 4,469,300 06/01/2027 ' 1,080,325 1,060,325 12/01/2027 2,345000 7.000% 1,060,325 3,405,325 4,465,650 06/0112028 978,250 975,250 12/012028 2.600.000 7.000% 978,250 3,678,250 4,656,500 06/01/2029 867.250 887,250 12/012029 2.785.000 7.000% 887,250 3,672,250 4,559,500 06/012030 769,775 789.775 12/01/2030 3,070,000 7.000% 789.775 3,859,775 4,649,550 06/01/2031 682,325 682,325 12/01/2031 3,285.000 7.000% 682,325 3,987,325 4.649,650 06/01/2032 567,350 587,350 12101/2032 3,805,000 7.000% 567,350 4,172,350 4.739,700 06/01/2033 441.175 441,175 12/01/2033 3,660,000 7.000% 441,175 4,301,175 4.742,350 06/01/2034 306,075 306,075 12/01/2034 4.225,000 7.00D% I 306,075 4,531,075 4,837.150 06/012035 ' 158,200 158,200 12/01/2035 4,520,000 7.000% 158.200 4,678.200 4,636.400 50,000.000 {6,787,600 126,767,600 126,767,600 Nov 30,2005 2:11 pm Prepared by Kirkpatrick Pettis Quantitative Group-EL (Weld County Met 01st 05:ANOV3005-05307APL) Page 2 McGEADY SISNEROS, P.C. ATTORNEYS AT LAW 1675 BROADWAY,SUITE 2100 DENVER,COLORADO 80202 TELEPHONE: (303)592-4380 FACSIMILE: (303)592-4385 MARYANN M. McGEADY SPECIAL COIINSEI DARLENE SISNEROS KENNETH M. KOPROWICZ MARY JO DOUGHERTY ANNE K. LAPORTA MEGAN BECHER VALERIE D. BROMLEY RUSSELL W. DYKSTRA KATHRYN S. KANDA JACQUELINE C. MURPHY GEORGE M. ROWLEY MEMORANDUM To: Mr. Lee Morrison—Weld County Attorneys Office From: McGeady Sisneros, P.C. Date: December 8, 2005 Re: Special District Policy Revisions At the work session on December 5, 2005 several outstanding issues in regard to the proposed special district policy were discussed. This memorandum is in response to the specific issue of land use related approvals as proposed for Sections 2-14-20 (D, E, F and G). In previous correspondence we had recommended including the following language at the end of the cited sections. "...unless such [IGA, inclusion, service agreement, eminent domain] is required to implement a development plat, land-use plan or site improvement plan approved by the County." Discussions at the work session indicate that additional language may be useful in clarifying the purpose and intent of this language and how it will be implemented in the County land use process. To that end, we would recommend the above language be revised as follows. "...unless such [IGA, inclusion/exclusion, service agreement, eminent domain] is required to implement a development plat, land-use plan or site improvement plan approved by the County and is considered as part of the approval process by the County." {00058970 DOC v:1) - ik.1) - -9OC = // • 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 I,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)(6),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)(6), 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)(6),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 ageneral 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 (Formatted:Font color:Auto 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 ,(Formatted:Font color:Auto 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. 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. • Page 1 of 1 Carol Harding To: Lee Morrison Subject: RE: Fellows Draft of District Policy Blackline 12-9-05.pdf Because of the timing issue the 2nd reading of the Ordinance has already gone to the publisher. If we try to change them now for 2nd reading, the readings and subsequent changes don't match. That's why I had to make sure we had these yesterday. The Commissioners copy (and what is approved on 2nd reading) needs to be the same, therefore, the attached changes, or any additional changes need to be made on 3rd reading. I explained this to Don and Bill prior to setting up these dates, and was told to go ahead and do it. Let's talk if you have any ideas about getting these into 2nd reading, without publication of the changes (I'm open to suggestions). Thanks. Carol From: Lee Morrison Sent: Friday, December 09, 2005 3:31 PM To: Carol Harding; Bruce Barker; Monica Mika; Don Warden Subject: Fellows Draft of District Policy Blackline 12-9-05.pdf this is the 2nd reading version with additional language regarding postcard notice to district electors Lp t/ `" . © �`,,fry 12/9/2005 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 :s given ritten notification via US mail at least 14 days and not more than 30 days in advance . . 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 32-1-207(3)(6),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-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 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 [Formatted:Font color:Auto 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-I-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 (Formatted:Font color:Auto 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. 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. . A x (r s "., _, u; A 3 ct O „l c4 (11 isi 'rt.'O a N. yti c V --4 c (1 r Z + - /�� OO z � v 4 � a j s � � 92 t 1,-T)>-< LO13 w to S 1 N s S F �, r ^ - - x g � 3 ;� - e-- . ,, vv Q C v O G Z illcr, a a o O r � lr J x o i- — c 0 Oi 7 Oo O J L e� I O a i C a' 4 i W mP _% 1 cp, \- ccE---:e CI) C . C ' ` x a , M -3 G b 'In (3) m Ca o a ' n fief _ � � cfj) j C I2 -4P -. f - Y ut• N ce :: ( )_ . 4-. •J ---) CP - , i z a v _ Fr��(11 3 p m 2 8 r' >- 0 ,G W 0 cJ 4t `7 e -> i C tc C CI s 0 W o to2 0 ' r m o N _r• f � 8 0 0 co N Q `— _ U f q C‘.! �'1 _ I- G Z o N .- w c, a d L - , J a di ccul Z T V, y 0 m W o y 9 2 ` z� f 0 Q x t a _n % 1 City of Greeley December 16, 2005 Weld County Commissioners PO Box 758 Greeley CO 80632 Dear Members of the Weld Board of County Commissioners: On Sunday, August 21, 2005,many of us read an article in the Denver Post entitled"Growth in Weld County sets off alarms." Since that time I have tried to educate myself about trends in our governments which contribute to this growth. As part of this research, I have been learning about Special Districts,in particular Metro Districts, as these legal entities, called by some"quasi governments,"seem to be, in many ways, competitive with our municipalities. They seem almost to be mini-cities set in the County. They potentially attract away from our towns and cities, developers who might otherwise assist our municipalities, and hence the citizens of these municipalities, in development or even redevelopment which would benefit the County as a whole. I am aware that you are examining a set of guidelines for Metro Districts which would create uniformity in plans submitted for your review. A third and final reading is scheduled for the morning of December 28th, 2005. The purpose of this letter is to ask you to schedule an additional session of public input for an evening session, so that members of the Town Boards and City Councils in Weld County can come to your meeting and discuss the important issues surrounding these districts. As you know many of the members of the Boards and Councils are essentially volunteers. They work at regular jobs and for them to take off time in the middle of the day is often a hardship. Many of us hope to develop a partnership with Weld County, which will reinforce the values that we all share. Among things we could discuss at this public hearing might be: • How to keep the Metro Districts from competing with our municipalities. • How to make sure that the citizens of the Metro Districts make fair contributions to any of the services that municipalities might provide. • How to prevent sprawl and encourage good planning principles. • How to be assured that adequate notice is always given to any municipalities in the vicinity of proposed development under a Metro District. EXHIBIT SERVING OUR COMMUNITY • I T ' S A TRADIT ,J ZP�epromise/0 preserve aatlnnprooe lie yuahly°ILA/or✓C'reeley/bony/limelr/, eoun/eous and c 4�[` I74— OM to 1,06-[l Page 2 - Letter to Weld County Commissioners Our City Council has not taken a specific stand on this issue yet, as we are in the process of studying all the ramifications of these Districts. An open, educational evening meeting would prove a benefit to all of the elected officials in this County. Please consider this request. Yours truly, Shaddock Greeley City Council, At-Large Member CC: All Member of the Greeley City Council All Mayors of the Towns and Cities in Weld County All City Managers and Town Administrators in Weld County C��ijjl U y �� c}tc 1- ,1 I�v�ae -ntiNtAcCsk 3 `L 4 Nin A& COMMUNITY DEVELOPMENT • Office of the Director 1100 101°Street,Suite 202,Greeley,Colorado 80631.(970)350-9785.Fax(970)350-9800 kr� _ . www.greelevgov_corn City of Greeley December 20, 2005 Weld County Commissioners 915 Tenth Street P.O. Box 758 Greeley, CO 80632 Dear Commissioners: On behalf of the City of Greeley, I offer our sincere appreciation for the meeting time and explanation extended to help our understanding of your intent in development of Service Plan Policy, particularly as it relates to Metropolitan Districts. We concur with your suggestion that it is best to be prepared to respond to such requests with well considered standards in place, rather than in a reactive mode. In that spirit, and with careful thought about the important role that metropolitan districts can offer in meeting growth demands in the County, the City of Greeley respectfully submits the following concerns for your consideration as part of your deliberation of these standards: 1. It appears that, as outlined in the proposed policy, the consideration of the use of a Metropolitan District is more of a passive decision than one which needs to demonstrate conformance with the County's land use and development policies. We note that the Weld County Comprehensive Plan indicates the cumulative effect of the goals and policies described in Article II of the Plan will result in: a. Maintaining the prominence of agriculture in the County; b. Urbanization occurring in and around cities and towns within the County; c. Property owners' rights and responsibilities being balanced; d. The quality of land uses remaining high. The Comprehensive Plan also urges work with municipalities to address the quality of developments, particularly in the areas of transition between the municipalities and unincorporated areas with particular emphasis placed on infrastructure. Also, that the expansion in and around agriculture land uses are recognized and addressed. To achieve these county policies it seems appropriate to discourage the use of metropolitan districts unless supported by adjacent cities and towns that will be most affected by the urban level development and where the proposed development is consistent with all other county land use policies. We are concerned that simply allowing metropolitan districts by default (e.g. meeting all the technical standards but SERVING OUR COMNIUNITY • I T ' S A TRADI EXHIBIT (Sc prrotmse Io/lreseroe arxliuiproue l/te yuafly a/[rife/or 5>-eeley trouyii/Finely, coui'lrores ono t (y 777 `, t1 . t2O1%'it Metro Districts December 20, 2005 Page 2 not other County land use policies) may cause such districts to be located in areas to circumvent obtaining services from already established communities. Allowing urban level uses in remote locations or even just outside the urban growth boundaries of cities and towns promises to exacerbate urban/rural conflicts both short and long term. 2. It was emphasized in our joint meeting that allowing the formation of a metropolitan district "doesn't drive a land use decision." Again, we clearly understand that the technical criteria to approve a land use decision are separate from a metropolitan district, but it is also clear that both matters are co-dependent. It seems much easier to permit urban levels of service via rezoning or subdivisions in rural areas where services can be provided via a special district, where otherwise such development would not be acceptable, or at least in the timeframe proposed. 3. We stress again our concerns for expensive direct and indirect impacts to communities that could be spawned from the creation of metropolitan districts in rural areas: a. Fire Protection: one of the most probable areas of impact relates to the City of Greeley's Mutual Aid Response agreements with adjacent fire districts. Most of the districts with which Greeley has such agreements are much smaller operations, usually with volunteer staff and limited equipment. Most provide basic life support, while Greeley extends advanced life support assistance. When a larger scale emergency occurs, Greeley provides essential back-up response service. If metropolitan districts help spawn development in areas served by the smaller fire districts, we anticipate our mutual aid response will be increased if simply by the response to simultaneous calls. In other words, it may be that the volume of calls from new uses in the district does not allow the customary response from the local fire district and back up units may be asked to respond. When that occurs with some frequency, there is no longer a reciprocal mutual aid balance. It is quite possible that the smaller fire districts would be billed to reimburse Greeley for more extensive or frequent service response. This may prove a difficult burden to bear on small districts already challenged to respond to emergency needs. One aspect to help mitigate this concern is to include all fire districts and those with mutual aid response agreements in the review and approval of proposed service and site plans prior to consideration of the metropolitan district by Weld County. Metro Districts December 20, 2005 Page 3 Assuring that Metro Districts have adequate road design and construction standards and that, where advised, built-in fire response systems are in place could lessen the emergency response burden or assign its cost to the development causing the impact. b. Law Enforcement: Again, unless the metro district provides additional security or its own police, the development will be dependent upon the Sheriff's office for service. Mutual aid and support response may be a similar stretch for adjacent community responders. c. Utilities: Major utility systems, such as the Greeley's water and sewer system are complicated and expensive infrastructure to develop and maintain. Typically, master planning for such infrastructure takes a long term view and return on investment related to the most cost effective construction and servicing of such systems. This is predicated on the rate and location of expected growth. If metro districts are permitted within the planned expansion areas of such infrastructure without the concurrence of the entities already planning for such capital improvements, it could impact the cost and delivery of such services to others in the planned expansion area. 4. It seems wise, as the proposed regulations have set forth, to set a minimum assessed value of the proposed district to be favorably received by the County. Of question is the term at "full build-out" and the minimum value of Two Million Dollars. Full build- out does not seem to have any associated time frame so begs the question of whether the County will allow phasing and what happens if the minimum value is not achieved. For example, if the project is a mixed use development and the initial construction relates to housing but the project stalls after 75 homes are built and planned commercial is no longer viable or timely, is there any consequence or is any adjustment expected to the model service plan? The Plan encourages "citizen/resident" control of the districts as early as possible. What if the development is comprised of primarily low-income or affordable housing where there may be little experience with the management details of such a district? Will development pro-forma plans be required and analyzed as part of the county's review? It seems quite possible that a large, commercial single use could also meet the base value threshold. Was it the intent of the county to allow a free-standing land use to be permitted as a metro district if the zoning allows for such? Metro Districts December 20, 2005 Page 4 5. It was suggested that nearby communities will experience positive sales tax impacts from new communities developing adjacent to their corporate boundaries that may off-set other service cost considerations associated with metropolitan district developed areas. We submit that it is still preferable to encourage more compact development where services are available at the most cost effective level possible to our constituents. And, while "outside" sales tax is welcome, it does not off-set the range of potential impacts nor challenges if communities grow fully around metro districts and face commensurate service level conflicts. Again, we support the County's interest in pro-active review and permission of such districts, but are concerned for the quality and performance of development in rural areas where there may be unintended impacts experienced from growth not incorporated into organized communities. The City is not opposed to the creation of metro districts and has a successful model within the corporate boundaries of Greeley with which we have had favorable experience. We share responsibility for providing essential services to our residents in the most cost-effective manner possible and urge the County to consider how the proposed regulations can be strengthened to address the questions raised in this letter. At a minimum, we urge the County to require a pre- application conference with potentially affected communities and existing districts to identify and address expected service impacts prior to the County's formal consideration of any Service Plan. Sincerely, cycy Rebecca L. Safarik , Community Developme irector cc: Bruce Barker, County Attorney Monica Daniels-Mika, Planning Director r 6 � TO: Board of County Commissioners of Weld County FROM: Bruce T. Barker, Weld County Attorney WI ' C� DATE: January 11, 2006 RE: Consideration of Metropolitan District Service Plans COLORADO A metropolitan district is a special district which is required by C.R.S. § 32-1-1004(2) to provide two or more of the following services: a. Fire protection. b. Elimination and control of mosquitos. c. Parks or recreational facilities or programs. d. Safety protection through traffic and safety controls and devices on streets and highways and at railroad crossings. e. Sanitation services. f. Street improvement through the construction and installation of curbs, gutters, culverts, and other drainage facilities and sidewalks, bridges, parking facilities, paving, lighting, grading, landscaping, and other street improvements. g. Establishment and maintenance of television relay and translator facilities. h. Transportation. i. Water and sanitation services. j. Water. k. Solid waste disposal facilities or collection and transportation of solid waste. EXHIBIT i AA *L;.► ► "1 Memorandum, Consideration of Metropolitan District Service Plans January 11, 2006 Page 2 C.R.S. § 32-1-203 requires the Board of County Commissioners to review a service plan for a proposed special district. Subsection (1) of that statute says that the Board has the authority: a. To approve without condition or modification the service plan as submitted. b. To disapprove the service plan submitted. c. To conditionally approve the service plan subject to the submission of additional information relating to or the modification of the proposed service plan. C.R.S. § 32-1-203(2) requires the Board of County Commissioners to disapprove the service plan, unless satisfactory evidence of each of the following is presented: a. There is sufficient existing and projected need for organized service in the area to be serviced by the proposed special district. b. The existing service in the area to be served by the proposed special district is inadequate for present and projected needs. c. The proposed special district is capable of providing economical and sufficient service to the area within its proposed boundaries. d. The 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. Pursuant to C.R.S. § 32-1-203(2.5), the Board of County Commissioners may disapprove the service plan if satisfactory evidence of any of the following is not presented: a. Adequate service is not, or will not be, available to the area through Weld County or other existing municipal or quasi-municipal corporations, including existing special districts, within a reasonable time and on a comparable basis. b. The facility and service standards of the proposed special district are compatible with the facility and service standards of Weld County. c. The proposal is in substantial compliance with a master plan adopted pursuant to C.R.S. § 30-28-106. d. The proposal is in compliance with any duly adopted county, regional, or state long-range water quality management plan for the area. Memorandum, Consideration of Metropolitan District Service Plans January 11, 2006 Page 3 e. The creation of the proposed special district will be in the best interests of the area proposed to be served. C.R.S. § 32-1-204(1) requires that written notice of the date, time, and location of the hearing by the Board of County Commissioners be sent to the governing body of". . . any existing municipality or special district which has levied an ad valorem tax within the next preceding tax year and which has boundaries within a radius of three miles of the proposed special district boundaries . . ." C.R.S. § 32-1-204(1) goes on to state that any municipality within the three mile radius is an "interested party"that may appear at the hearing before the Board of County Commissioners and be heard on the issue of the consideration of the service plan. C.R.S. § 32-1- 206(2) says that the "interested party" status also entitles the municipality, if it appeared at the Board of County Commissioner hearing and stated objections to the service plan, to " . . .be given notice and have a right to appear and be heard at the hearing on the court petition for the organization of the special district, and the court may dismiss the court petition upon a determination that the decision of the board of county commissioners was arbitrary, capricious, or unreasonable." Please let me know if you should have any questions. ce T. Barker Weld County Attorney pc: Department of Planning Services Weld County Metropolitan District Policy Community Presentation 1 /11 /06 Presented By: Fellows Financial Inc. R �y�y� ffi��. * • Goals of the Policy • To Encourage Quality Growth and Enhance the Quality of Life for County Residents Through the Prudent Use of Special Districts • To Minimize Risk to All Stakeholders Including : o The County o Future Residents o Bondholders o Developers o Neighboring Communities o Neighboring Municipalities • To Provide Regulatory Tools to Both Applicants and the County District Benefits • Competitive Financing o Better Rates o Lower Risk -* More Viable Projects o Better Amenities • Long Term or Perpetual Entity o Can Provide Ongoing Maintenance o Provides Ongoing Operations o Can Make Long Term Agreements and Fulfill Long Term Obligations • Democratic as Opposed to Unilateral in Nature • Quasi-governmental in Nature Why a Policy is Necessary • To Communicate the County's Position in a Clear and Fair Manner to All Stakeholders. • To Provide for a Uniform Approach to Special District Formation That Is: o Efficient o Equitable o Expedited • To Facilitate a Seamless Process that is Comfortable and Understandable For: o Applicant o Staff o Planning Commission o The BOCC o County Residents o Neighboring Communities o Neighboring Municipalities • To Facilitate a Consistent Approach to Metro District Formation That Creates A Level Playing Field and Avoids the Appearance of Being Arbitrary The Philosophy Behind the Policy • The Plan is Conservative in Nature o Because the County does not provide the same breadth of services as a municipality, there is no "safety net" for County districts as there is for districts located in a municipality. o The County and the future electors need to be protected from liability to the extent practicable. • The Plan Minimizes Risk To Electors o Special districts are not intended as a substitute for private financing. o Districts are public entities and must be treated as public entities not as fronts for a developer's interests, though there is a great deal of developer control initially. • The Plan Allows for the Maximum Discretion of the Commissioners o Any of the policies are subject to the discretion of the board if good cause is shown for deviating from the standard policy. Proponents are able to request and articulate the reasons for any proposed deviation. Features of the Proposed Policy 1 . Permits Districts 2. Permits Operations and Maintenance 3. Limits Tiny Financially Unstable Districts ($2,000,000.00 Assessed Value Test) 4. Requires Demonstration of Need For Each Power Granted 5. Limitations on Intergovernmental Agreements 6. Limits Inclusions and Exclusions 7. Limits Extra-territorial Agreements 8. Limits Eminent Domain Powers 9. Hard Cap of 50 Mils for Debt Service (No "Burn-off" Provisions) 10. "Multiple Districts" Structural Limitations 11 . Limits the Length of time for Issuing Debt 12. Provides for Dissolution 13. Provides for District Default Controls 14. Requires a Model Service Plan Points of Interest • Colorado State Residential Tax Assessment Rates 1982 30.00% 1983 21.00% 1985 21.00% 1987 18.00% 1989 15.00% 1991 14.34% 1993 12.86% 1995 10.36% 1997 9.74% 1999 9.74% 2001 9.15% 2003 7.96% 2005 7.96% Source: Denver County Assessors Office • Notes: Gallagher Amendment Passed in 1982 Tabor Amendment Passed in 1992 C Total Projected Revenues 2005 Sales Tax % Arvada $ 47,462,000.00 57% Aurora $ 207,136,913.00 53% Denver $ 737,411 ,800.00 51% Lakewood $ 115,724,205.00 51% Sources: City Budget Offices Presented by The Fellows Companies 1/11/05 which complies with the provisions of Section 32-1-1101(6)(a) or 32-1-1101(6)(b), C.R.S., as it may be amended from time to time. 6. The proposed service plan must prohibit acceleration of the principal of any bonds or other financial obligations of the district except credit enhanced bonds or other obligations. 7. The proposed service plan must prohibit the creation of TABOR enterprises and 63-20 corporations without the prior written consent of the City Council. 8. If a district expects to impose, collect or otherwise receive public improvement fees or other similar fees imposed on retail sales within the district, this must be specifically set forth in the service plan. No such public improvement fees or similar fees shall be imposed, collected or received by the proposed district unless the City Council has consented thereto. 9. The proposed service plan must set forth an estimated bond marketing schedule and plan, including proposed exemptions from registration under §11-59-110, Colorado Revised Statutes, as amended, waive the exemption afforded by §11-59-110(1)(k), Colorado Revised Statutes, as amended (if applicable), and require that a copy of the Notice of Claim of Exemption filed with the Colorado Securities Commissioner also be filed with the City Clerk. 10. The proposed service plan must set forth schedules showing the anticipated sources and uses of the proceeds of all bonds or other financial obligations of the district. 11. The proposed service plan must set forth an estimated cash flow analysis prepared by an independent financial advisor showing for each year, beginning with the year in which the district is organized and ending in the year in which the district indebtedness is retired, the valuations for assessment of all taxable property in the district, mill levies, ad valorem tax receipts, utility fees, other revenues (including, without limitation, any public improvement fees or similar fees imposed on retail sales expected to be received by the district), debt service, operation and maintenance expenses and annual and cumulative surpluses. The cash flow analysis shall state the growth assumptions on which it is based, in terms of residential and non- residential development. 12. The proposed service plan must require that the district furnish to the City Clerk prior to the issuance of any bonds or the incurrence of any other financial obligations an opinion of the district's bond counsel or it's general counsel that the district has complied with all of the requirements of the approved service plan relating to bonds or other financial obligations or that the district submit all financing documents to the City Attorney for prior approval as to compliance with the requirements of the approved service plan. 13. The proposed service plan must prohibit the district from applying for Conservation Trust Funds, Great Outdoor Colorado Funds and other grant moneys for which the City is eligible to apply without the prior written consent of the City Council. 14. The proposed service plan must provide that the inclusion of land, exclusion of land, material changes in financial plans and other material departures from the approved service plan require City Council approval of amendments to the approved service plan, as required by Section 32-1-207, C.R.S. In multiple district structures, the service plan may ••. � � a 5 xP p 4e 1s # Hello