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Home My WebLink About20041112.tiff RESOLUTION RE: ACCEPTANCE OF FILING OF SERVICE PLAN AND REFERRAL TO WELD COUNTY PLANNING COMMISSION FOR STUDY AND RECOMMENDATION - RESOURCE COLORADO WATER AND SANITATION METROPOLITAN DISTRICT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,a document entitled,"Service Plan for Resource Colorado Water and Sanitation Metropolitan District," ("Service Plan") has been received by the Clerk to the Board from the proposed Metropolitan District's organizers, Harvey Deutsch, Jack Reutzel, Joel Farkas, Steven Deutsch,and Toni Serra,for filing with and consideration by the Board of County Commissioners, and WHEREAS,Section 32-1-204(2),C.R.S.,requires that the Service Plan be delivered to the Weld County Planning Commission for study and recommendation to the Board of County Commissioners,such recommendation to be received by the Board within thirty(30)days after the filing of the Service Plan, and WHEREAS,the Board deems that the date of filing should be commensurate with the date of this Resolution, in order to allow enough time for referrals of the Service Plan to appropriate agencies for comment prior to the public hearing before the Planning Commission, and WHEREAS,the Board of County Commissioners deems it advisable to accept the filing of the Service Plan as of April 12, 2004, and to refer it to the Weld County Planning Commission for study and recommendation back to the Board of County Commissioners, such recommendation to be received by the Board within thirty (30) days hereof (no later than May 12, 2004), and WHEREAS, the Board of County Commissioners shall, on May 12, 2004, set a public hearing date for its consideration of said Service Plan. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the filing of the document entitled, "Service Plan for Resource Colorado Water and Sanitation Metropolitan District," be, and hereby is, accepted. BE IT FURTHER RESOLVED that said Service Plan be,and hereby is,referred to the Weld County Planning Commission for study and recommendation back to the Board of County Commissioners, such recommendation to be received by the Board within thirty(30)days hereof (no later than May 12, 2004). BE IT FURTHER RESOLVED that the Board of County Commissioners shall, on May 12, 2004, set a public hearing date for its consideration of said Service Plan. 2004-1112 SD0122 60 : l'4 cay sbz-cx/ RE: SERVICE PLAN - RESOURCE COLORADO WATER AND SANITATION METROPOLITAN DISTRICT PAGE 2 BE IT FURTHER RESOLVED by the Board of County Commissioners that the organizers of the proposed Metropolitan District shall pay the filing fee of$500.00,as required by Appendix 5-D of the Weld County Code, to the Clerk to the Board no later than April 15, 2004. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 12th day of April, A.D., 2004. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO laa% MI) t EL Robert D. Masiden, Chair • . '�k to the Bard 1861 • �-t %' :� — ►/ William H. erke, Pro-Tem �s�y • L �. •.iii- Ia �� the Board ` A?,r,.�. �AST• • � : C David . Long • my Attorney Aa, Date of signature: Ary 2004-1112 SD0122 FRIEDLOB SANDERSON Washington,D.C. 1776 I Street,NW,Suite 900 Washington,D.C.20006-3700 PAULSON & TOURTILLOTT, LLC Phoenix,Arizona 2375 East Camelback Road,Suite 500 Attorneys at Law Phoenix,Arizona 85016 1775 Sherman Street,Twenty-First Floor 519CaliforniaSeabright 519 Seabright Avenue,Suite 208 Denver,Colorado 80203 Santa Cruz,California 95062-3482 Telephone 303.571.1400 Facsimile 303.615.5472 Internet:5280LAW.com Shayne M.Madsen Member smmadsen@52801aw.com March 24, 2004 Via Hand Delivery Bruce T. Barker, Esq. Weld County Attorney's Office 915 10th Street Greeley, Colorado 80632 Re: Service Plan for Resource Colorado Water and Sanitation Metropolitan District Dear Mr. Barker: I am enclosing 12 copies of the Service Plan for Resource Colorado Water and Sanitation Metropolitan District filed on even date for distribution as appropriate. I want to express my appreciation to you for the time that you have spent with me explaining your perspective on special districts and the needs of Weld County. My client has taken to heart your suggestions and has developed what I believe is an innovative approach. The Service Plan itself is fairly standard and follows the model for similar districts that operate successfully in the south metropolitan area. An additional feature of the Service Plan is the incorporation of a proposed Intergovernmental Agreement between Weld County and the new District, which we envision will be executed contemporaneously with the approval of the Service Plan. We propose for the Intergovernmental Agreement to establish a seven (7) member "Policy Board" made up of two Commissioners, two representatives of retail service providers supplied by the District and three representatives of the new District Board. This Policy Board would be subject to open meetings and open records requirements to provide maximum public transparency and would be empowered to review District plans and activities in detail, to serve as a planning resource on water and sanitation issues in Southern Weld County and related land use issues, and to engage in studies regarding regional water storage and water recharge possibilities. (10321713OC:11 2004-1112 Bruce T. Barker, Esq. March 24, 2004 Page 2 With respect to District plans and operations, both the District, and any retail service providers served by the District, would be required to report to the Policy Board on a regular basis concerning the following: • Capital Improvement Progress Reports including a detailed description of proposed future improvements to be constructed within a three (3) year period, as well as completed improvements. These reports will provide the detail on project phasing as well as the progress of the District in providing service to new retail service providers, including Southern Weld communities. • District Financials including an annual budget, audited Financial Statements, and a summary of total debt outstanding and remaining amounts of authorized, but unissued debt. • Operations Reports, with detail on changes to District taxing boundaries or service area boundaries, information on District management and Board members, as well as disclosures as to litigation, etc. We devised the IGA / Policy Board approach somewhat presumptively as such a structure is not contemplated in Title 32. However, we believe that this approach will provide a vehicle for the Commissioners to ensure the kind of detailed information reporting on an ongoing basis, and will also provide the County with a resource for its water and sanitation planning activities in Southern Weld County. As the Commissioners or their designees would be Board members along with participating water providers, the Commissioners can be assured that they will stay abreast of District activities on a regular basis. Because the meetings and records of the Policy Board would be public,the citizens of Weld County can monitor the progress of the District. In the interests of being thorough, I have also included three (3) legal memoranda concerning issues that we have discussed for your file. I look forward to meeting with you. Very truly yours, Shayne M. Madsen For the Firm Enclosures {103217 DOC:1) McGEADY SISNEROS, P.C. ATTORNEYS AT LAW 1675 BROADWAY,SUITE 2100 DENVER,COLORADO 80202 TELEPHONE: (303)5924380 FACSIMILE:(303)592-4365 MARYANN M.McGEADY SPECIAL COUNSEL DARLENE SISNEROS KENNETH M. KOPROWICZ MARY JO DOUGHERTY JACQUELINE C. MURPHY MEGAN BECHER VALERIE D.BROMLEY KATHRYN S.KANDA MEMORANDUM To: Bruce Barker, Weld County Attorney From: McGeady Sisneros, P.C. Date: March 22, 2004 Re: Exportation of Water from Weld County ISSUE Is the Resource Colorado Water and Sanitation Metropolitan District ("District") authorized to export water from Weld County("County") to be used in development in other jurisdictions? CONCLUSION Yes. The District may export water from the County to be used in development regardless of certain restrictions contained within the Weld County Comprehensive Plan ("Comprehensive Plan") as long as the use of the water is in conformance with the terms of the stipulation ("Stipulation") entered into between Eagle Peak Farms, Ltd. and Prospect Valley Farms, Ltd. (collectively referred to as the"Owners") and Colorado Ground Water Commission. DISCUSSION The Comprehensive Plan as well as the Stipulation allow the Owners to transport water from Weld County to be used in development in other jurisdictions. Comprehensive Plan Pursuant to Section 22-2-60 (H) (1) of the Comprehensive Plan, "any exportation of water out of a closed basin aquifer is discouraged." This language read independent of the remainder of Section 22-2-60 (H) clearly discourages transporting water out of Weld County. However, Section 22-2-60 (H) (2) and Section 22-4-30 (C) (1) of the Comprehensive Plan {00009784.DOC v:1} Bruce Barker, Weld County Attorney March 22, 2004 Page 2 respectively state that, "[l]and use regulations should not interfere with the transfer of water rights and their associated uses," and that "[t]he County will acknowledge water rights as private." Therefore, it is clear from the language in these sections of the Comprehensive Plan that although Weld County may discourage transporting the water out of a closed basin acquifer, the Owners are not prohibited from transferring the water and using it for developments in other jurisdictions. Stipulation Pursuant to certain terms contained in the Stipulation and set forth below, the Owners may export water outside of the Lost Creek Designated Basin for certain uses. The Stipulation states that: [S]ubsequent to the change in use, the wells can be used for the following beneficial uses: domestic, irrigation, commercial, municipal, industrial, stock watering, recreation, fish and wildlife purposes, augmentation, residential, and fire protection The water maybe changed in place of use pursuant to this application subject to determination by the Adams County District Court in Case No. 98CV1727 so as to permit the exportation from and use of such water rights outside of the Lost Creek Designated Basin, as well as within such basin. (All of the beneficial uses described in this paragraph are hereinafter referred to as the"Changed Uses."). This clearly provides the Owners with the right to transport water from Weld County as long as the use of such water is in conformance with the terms contained in the Stipulation. {00009784.DOC v:I} McGEADY SISNEROS, P.C. ATTORNEYS AT LAW 1675 BROADWAY,SUITE 2100 DENVER,COLORADO 80202 TELEPHONE: (303)592-4380 FACSIMILE: (303)592-4385 MARYANN M. MEGEADY SPECIAL COUNSEL DARLENE SISNEROS KENNETH M. KOPROWICZ MARY JO DOUGHERTY JACQUELINE C. MURPHY MEGAN BECHER VALERIE D.BROMLEY KATHRYN S.KANDA MEMORANDUM To: Bruce Barker, Weld County Attorney From: McGeady Sisneros, P.C. Date: March 22, 2004 Re: Four Hundred Foot Tie In Requirement ISSUE Can Weld County("County") require the proposed Resource Colorado Water and Sanitation Metropolitan District ("District") to provide service or a connection to any user who is within 400' of the District's water and/or sewer lines ("Lines")? CONCLUSION No. The County cannot force the District to provide service or a connection to any user who is within 400' of the District's Lines. DISCUSSION Pursuant to §32-1-1006 (1) (a) (1) C.R.S., the statute provides the board of directors of the District with the power to compel certain property owners to connect to the Lines pursuant to certain requirements. However, the statute does not provide such authority to the County or to any other existing governmental entity. ISSUE Can the District require any property within four hundred feet (400') of the District's Lines to connect to the Lines? {00011)44.DOc v:1) Bruce Barker, Weld County Attorney March 22, 2004 Page 2 CONCLUSION Yes. The District can require property owners within the District and within 400' of the Lines to connect to the Lines. DISCUSSION Pursuant to §32-1-1006 (1) (a) (I) C.R.S., the District can compel owners of property located within the boundaries of the District, whenever necessary for the protection of the public health, to connect such property to the Lines if the Lines are within 400' of such property. ISSUE Can the District require any property outside of the District to connect to the District's Lines? CONCLUSION Pursuant to the statute and under certain limited circumstances the District can require certain properties located outside of the District's boundaries to connect to the District's Lines. DISCUSSION Pursuant to §32-1-1006 (1) (b) C.R.S., the District is not authorized to compel any property located outside of the boundaries of the District to connect to the District's Lines if such property"utilizes private or nongovernmental persons, services, systems or facilities, including, but not limited to, an individual sewage disposal system, for the provision of sewer, water and sewer, or water lines to such premises". Although this statute does not on its face authorize the District to compel properties to connect to the District's Lines, the statute maybe interpreted to allow the District to compel certain properties that are located outside of the District's boundaries and utilize a governmental system to connect to the District's Lines. The District has set forth in it's Service Plan that it intends to be a wholesale provider of water and/or sewer service and that the provision of water service to individual users will be a material modification of the Service Plan. {(pool 1144.DOC v.11 McGEADY SISNEROS, P.C. ATTORNEYS AT LAW 1675 BROADWAY.SUITE 21 DO DENVER.COLORADO 80202 TELEPHONE:(303)5924380 FACSIMILE:(303)592-4385 MARYANN M. McGEADY SPECIAL COUNSEL DARLENE SISNEROS KENNETH M. KOPROWICZ MARY JO DOUGHERTY JACQUELINE C.MURPHY MEGAN BECHER VALERIE D.BROMLEY KATHRYN S. KANDA MEMORANDUM To: Bruce Barker, Weld County Attorney From: McGeady Sisneros, P.C. Date: January 27, 2004 Re: Service Plan Approval by Surrounding Jurisdictions ISSUE Are Commerce City, Brighton and Adams County("Interested Jurisdictions") required by state law to consent to the approval of a Service Plan for a Title 32 special district(Resource Colorado Water and Sanitation Metropolitan District, to be referred to hereafter as the"District") whose boundaries will be entirely within Weld County but whose Service Area (as such term is defined in the Service Plan) may extend into each of the Interested Jurisdictions? CONCLUSION No. Although the boundaries of the District's Service Area may stretch into other counties or municipalities, the boundaries of the District are contained entirely within Weld County. As such, the Weld County Board of County Commissioners ("BOCC") may approve the District's Service Plan without the consent of any other counties or municipalities. However, the District will be required to comply with the Interested Jurisdictions policies and procedures with regards to constructing infrastructure or serving properties within the Interested Jurisdictions boundaries. DISCUSSION Pursuant to §32-1-107 C.R.S., the District may be entirely or partly within one or more municipalities or counties. However, if the District is wholly or partly within the boundaries of an existing special district that provides the same services that the District would be allowed to provide under the terms of its Service Plan, the BOCC must approve the inclusion of the District into the boundaries of the existing special district, and the existing special district must consent {00011327.DOC v:)} Bruce Barker, Weld County Attorney March 22, 2004 Page 2 to the overlap of such services. The District is not being organized within the boundaries of any existing special districts. Pursuant to §32-1-204 C.R.S., the BOCC is required to provide written notice of the date, time and location of the public hearing regarding the District's Service Plan. At the public hearing, all Interested Parties (defined as the governing body of any municipality or special district which has boundaries within a radius of three miles of the District's boundaries and which levied an ad valorem tax in the preceding tax year) shall be afforded an opportunity to be heard, and any testimony or evidence which in the discretion of the BOCC is relevant to the organization of the District shall be considered. Although all Interested Parties are afforded the opportunity to be heard at the public hearing, the BOCC may approve the District's Service Plan without consent of the Interested Parties. Pursuant to §32-1-204.5 C.R.S., the District may not be organized if the District's boundaries are wholly contained within the boundaries of a municipality or municipalities, except upon adoption of a resolution of approval by the governing body of each municipality. Even though the District's Service Area(as such term is defined in the Service Plan) may extend into other counties or into the boundaries of municipalities, the District's boundaries will be contained solely within Weld County. Therefore, this statutory provision does not apply to the BOCC's approval of the District's Service Plan. Pursuant to §32-1-205 C.R.S., a petition filed in Weld County District Court for organization of the District must be accompanied by a resolution approving the Service Plan signed by the board of county commissioners of every county in which the District's property is located. Therefore, the District Court petition must be accompanied by a resolution signed by the BOCC, as the District's property is located entirely within Weld County. Pursuant to §32-1-207 C.R.S., if the District, after being organized, changes the District's boundaries to include territory located in a county other than Weld County or a municipality, the District shall notify the board of county commissioners of such county or the governing body of such municipality("Appropriate Jurisdiction") of the inclusion. If the Appropriate Jurisdiction, upon review of the inclusion, determines that the inclusion constitutes a material modification of the District's Service Plan, the Appropriate Jurisdiction may require the District's Board of Directors to file a modification of its Service Plan. The District does not presently anticipate including within the District's boundaries property that is within another county or a municipality. However, in the event the District decided to include property within another jurisdiction,pursuant to the terms of this section, the District may be required to file for a Service Plan amendment. The application of the statute to the District as contained in this memorandum addresses the legal considerations for securing the consent of the BOCC. With regard to individual jurisdictional permitting policies or requirements, the District will comply with the applicable (00011327.DOC v:1) Bruce Barker, Weld County Attorney March 22, 2004 Page 3 policies and procedures of the appropriate municipality or county at the time of the design and permitting for the construction of improvements. {00011327.DOC v:1) SERVICE PLAN FOR RESOURCE COLORADO WATER & SANITATION METROPOLITAN DISTRICT _ (WELD COUNTY, COLORADO) Submitted: March 24, 2004 Prepared by: McGEADY SISNEROS, P.C. 1675 BROADWAY, SUITE 2100 DENVER, COLORADO 80202 (303) 592-4380 • {00002675.DOC v:3} TABLE OF CONTENTS Page I. INTRODUCTION 1 II. ESTABLISHMENT OF A POLICY BOARD 2 III. PURPOSE OF THE PROPOSED DISTRICT 2 A. Facilities 2 B. Revenue Bond Financing 3 C. Identification of Customer Categories. 3 IV. PROPOSED DISTRICT BOUNDARIES, POPULATION AND VALUATION 3 V. INITIAL AND PHASED IMPROVEMENTS 4 VI. DESCRIPTION OF PROPOSED FACILITIES 5 A. Types of Improvements 5 1. Water System 6 2. Sanitation 7 3. Street Improvements 8 4. Mosquito Control 8 5. Other Powers 9 B. Standards of Construction/Statement of Compatibility 9 C. Ownership of Improvements 10 _ VII. FINANCIAL PLAN/PROPOSED INDEBTEDNESS 10 A. General 11 B. Revenue Bond Issuance 11 C. Services of the District 12 VIII. ANNUAL REPORT 13 IX. RESOLUTION OF APPROVAL 13 X. INTERGOVERNMENTAL AND OTHER AGREEMENTS 13 XI. CONCLUSION 14 (00002675.DOC v:3) 1 LIST OF EXHIBITS EXHIBIT A Legal Description, Boundary Map and Vicinity Map EXHIBIT B-1 Service Area and Anticipated Initial Pipeline Location EXHIBIT B-2 Description of Facilities and Costs EXHIBIT C Financial Plan EXHIBIT D Board of County Commissioners'Resolution EXHIBIT E Policy Board IGA {00002675.DOC v:3} ii SERVICE PLAN FOR RESOURCE COLORADO WATER& SANITATION METROPOLITAN DISTRICT I. INTRODUCTION The proposed district shall be named the Resource Colorado Water & Sanitation Metropolitan District (the "District"). The purpose of the District is to acquire, construct, finance and maintain public water, sanitation, storm drainage, street, and mosquito control improvements for the use and benefit of service users of the District's systems. The District shall have the powers of a metropolitan district and the powers of water and sanitation districts as set forth in §32-1-103, §32-1-1001,§32-1-1004, and §32-1-1006 C.R.S., except as limited in the Service Plan. The primary purpose of the District is to provide water and sanitation services, together with ancillary street and mosquito control improvements, through the creation of enterprises and/or authorities which will be authorized to impose and collect rates, fees, tolls and other charges for connection to and use of the District's Improvements. The District will not issue any general obligation bonds or impose or collect ad valorem property taxes without an amendment to this Service Plan. The revenue bonds issued by the District shall never constitute debt or indebtedness of the District, Weld County, Colorado (the "County"), or any other political subdivision of the state within the meaning of any provision or limitation of the laws of Colorado or the state constitution and shall not constitute nor give rise to a pecuniary liability of the District or charge against its general credit or taxing powers. The proposed boundaries of the District are limited to the property presently owned by Harvey Deutsch, Jack Reutzel, Joel Farkas, Steven Deutsch, and Toni Serra ("Organizers"). The Service Plan ("Service Plan") has been prepared by McGeady Sisneros, P.C., 1675 Broadway, (00002675.DOC v:3) 1 Suite 2100, Denver, Colorado 80202, (303) 592-4380, with assumptions derived from a variety _. of sources, including the Organizers, Kirkpatrick Pettis, J R Engineering and Clifton Gunderson, LLC. II. ESTABLISHMENT OF A POLICY BOARD The District and the County will enter into an intergovernmental agreement ("Policy Board IGA"), a copy of which is attached hereto as Exhibit E, whereby the District will agree to participate in establishing the Southern Weld County Water and Sanitation Policy Board ("Policy Board"). The Policy Board shall be comprised of seven (7) members as follows: (a) two (2) of whom shall be Weld County Commissioners; (b) two (2) of whom shall be members of the boards of directors of Service Providers (defined below) or managers of the Service Providers and shall be appointed by the Weld County Board of County Commissioners; (c) three (3) of whom shall be members of or appointed by the board of directors of the District. The Policy r Board shall be created to establish uniform policies and to exercise the rights and powers set forth in the Policy Board IGA. The Policy Board IGA may be amended by the Parties from time-to-time without such amendment(s) being a material modification of the Service Plan requiring a Service Plan amendment. III. PURPOSE OF THE PROPOSED DISTRICT A. Facilities. The District will provide for the planning, design, acquisition, construction, installation, financing, operation and maintenance of Improvements, defined below, for the use and benefit of all users of the District's system and the District may finance all or a portion of the Improvements through the issuance of revenue bonds as set forth in Section V. The District will work closely with and cooperate with the County to serve and promote the health, safety, {00002675.DOC v:3) 2 prosperity, security and general welfare of its inhabitants and the inhabitants of the State of Colorado. B. Revenue Bond Financing. The primary purpose of the District is to provide water, sanitation and drainage services, together with ancillary street and mosquito control improvements, through the creation of enterprises and/or authorities which will be authorized to impose and collect rates, fees, tolls and other charges for connection to and use of the Improvements. The District will not issue any general obligation debt or impose or collect ad valorem property taxes without an amendment to this Service Plan. The revenue bonds issued by the District shall never constitute debt or indebtedness of the District, the County, or any other political subdivision of the state within the meaning of any provision or limitation of the laws of Colorado or the state constitution and shall not constitute nor give rise to a pecuniary liability of the District or charge against its general r credit or taxing powers. C. Identification of Customer Categories. The District will provide water and sewer services to municipalities, counties, authorities, special districts (including Metropolitan Districts and Water and Sanitation Districts), water companies and ditch companies, as well as state, local and private entities ("Service Providers") who will in turn distribute the water, collect sewage and otherwise service and bill the individual residential or commercial users or customers ("Customers"). It is not the purpose of this District to provide water or sanitation services directly to any Customers. IV. PROPOSED DISTRICT BOUNDARIES,POPULATION AND VALUATION The boundaries of the District are located entirely within the County. The total area to be initially included in the District is approximately one hundred fifty-four (154) acres (the {00002675.DOC v:3) 3 "Property"). A legal description, boundary map and vicinity map are attached hereto as Exhibit A. The District is not anticipated to have any residents. The present and continuing assessed valuation of the District for purposes of this Service Plan is Zero Dollars ($0). The initial service area is described on Exhibit B-I as parcels labeled parcel boundary, attached hereto ("Service Area"). The property within the Service Area is owned by the Organizers and/or affiliated entities ("Owners") and is in need of water and sanitation service in order to develop. The property within the Service Area is in Brighton, Commerce City, Adams County and Weld County. Each of these jurisdictions require that a water source be provided prior to any development on the properties. The District, through intergovernmental agreements with Service Providers, will agree to supply water to such Service Providers for service within the Service Area. The Service Area will be expanded to serve other properties, through the use of agreements with Service Providers, as demand for service and resources to provide such services are available. The expansion of the Service Area will not be a material modification of the Service Plan and shall not require a Service Plan amendment. However, the provision of water service directly to individual Customers will be a material modification of the Service Plan requiring a Service Plan amendment. V. INITIAL AND PHASED IMPROVEMENTS The District initially will construct the facilities generally shown on Exhibit B-1 which shows the Prospect Valley properties in Weld and Adams Counties which are the water supply properties, the well and collection facilities, the storage and pipeline facilities and the properties in Weld and Adams Counties proposed to be served (the "Phase I Plan"). This plan may vary as final design is completed and certain properties may be added or deleted as planning proceeds. (00002675.DOC v:3} 4 ~ After the Phase I Plan is implemented, additional phases are contemplated which may include return of treated water to recharge the Lost Creek Aquifer and use of the Aquifer for water storage, additional wells, treatment facilities, distribution and storage facilities and associated improvements. Additional services may be provided to other properties in Adams, Weld and adjacent counties. Additional phases may also include utilizing water for agricultural purposes on a temporary or permanent basis. Any changes to either the Phase I Plan or additional phases shall not be considered a material modification of the Service Plan and shall not require a Service Plan Amendment. VI. DESCRIPTION OF PROPOSED FACILITIES The following paragraphs provide a description of the services to be provided by the District. A. Types of Improvements. The District plans to provide for the planning, design, acquisition, construction, installation, financing and maintenance of certain water, sanitation and storm drainage improvements and facilities, together with ancillary street and mosquito control improvements and facilities within and without the boundaries of the District, as described in Exhibit B-2 (the "Improvements"). The District also anticipates the use of one or more water enterprises and sewer enterprises and/or authorities, as provided by state statute, to support the planning, design, acquisition, construction, installation, financing, operation, and maintenance of the — Improvements. The combined estimated costs of the Improvements is Three Hundred Twenty- Four Million Dollars ($324,000,000). The County is not responsible for assuming any of the costs of the Improvements funded by the District. The District shall be authorized to construct 100002675.DOC v:3) 5 the Improvements generally described herein, subject to the specific final design and approval thereof by the appropriate jurisdiction in which the Improvements are located. Construction of the Phase I Improvements is anticipated to commence within twelve (12) months from the date of organization. Phasing of construction shall be determined by the District to meet the needs of the Customers of the District's facilities. It is anticipated that the District will provide water, sanitation, and drainage facilities, together with ancillary street and mosquito control improvements, on a local, county, regional or statewide basis for the benefit of Service Providers of the system in accordance with the provisions of§32-I-1003, §32-1-1004 and §32-1-1006 C.R.S. The District anticipates that it will enter into various intergovernmental agreements and other agreements to provide services to cities, counties, special districts, water and sanitation districts, water companies, ditch companies, authorities, state agencies, the State of Colorado as well as private entities, within and without the boundaries of the County. The District shall be authorized to construct the Improvements generally described herein, subject to the specific final design and approval thereof by the appropriate jurisdiction in which the Improvements are located. A general description of each type of improvement and service which may be provided for by the District is set forth below: 1. Water System. The District shall have the power to provide for the planning, design, acquisition, construction, completion, installation, financing, operation and maintenance of complete potable and nonpotable water supply systems, purification, storage, transmission and distribution systems, which may include, but shall not be limited to, water rights, water supply, reservoirs, wells, water pumps, filtration and treatment facilities, power (00002675.DOC v:3} 6 T plants, pump stations, ventilating, gauging stations, transmission lines, gathering lines, distribution mains and laterals, fire hydrants, meters, irrigation facilities, storage facilities, inlets, tunnels, flumes, conduits, canals, collection, infiltration galleries, dry year water conveyance facilities, support for irrigated agricultural uses, domestic water, land and easements, and all necessary, incidental, and appurtenant facilities, together with extensions of and improvements to said systems within and without the boundaries of the District. It is the intent of the District to provide ongoing operation, maintenance and repairs of such water systems, unless such systems are conveyed to and accepted by Weld County or another appropriate jurisdiction. The anticipated route of the initial pipeline is set forth on Exhibit B-1 attached hereto and may be modified by the Board of Directors of the District as the District enters into intergovernmental agreements with Service Providers for the provision of water service. The District, through agreements with Service Providers, will agree to supply water to such Service Providers for service within the Service Area. The Service Area will be expanded to serve other properties, _ through the use of agreements with Service Providers, as demand for service and resources to provide such services are available. 2. Sanitation. The District shall have the power to provide for the planning, design, acquisition, construction, completion, installation, financing, operation and maintenance of complete sanitary sewage collection, treatment, transmission, and disposal systems which may include, but shall not be limited to, treatment plants, inlets, collection mains and laterals, intercepting sewers, outfall sewers, lift stations, transmission lines, force mains, sludge handling and disposal facilities, closed drainage systems, and/or storm sewer, flood and surface drainage facilities and systems, including but not limited to, detention/retention ponds and associated {00002675.DOC v:3} 7 irrigation facilities, and all necessary, incidental, and appurtenant facilities, land and easements, together with extensions of and improvements to said system within and without the boundaries of the District. It is the intent of the District to provide ongoing operation, maintenance and repairs of such sanitation and storm drainage facilities, unless such facilities are conveyed to and accepted by Weld County or another appropriate jurisdiction. The District, through intergovernmental agreements and in coordination with municipalities and special districts, anticipates providing centralized sanitation service, where feasible within the Service Area, as such may be expanded to meet the demand for service. 3. Street Improvements. To the extent necessary to provide the water and sanitary service described herein, the District shall have the power to provide for the planning, design, acquisition, construction, completion, installation, financing, operation and maintenance of street improvements, including but not limited to, curbs, gutters, culverts, and other drainage facilities, underground conduits, as well as sidewalks, retaining walls, bridges, parking areas, parking facilities, median islands, paving, lighting, striping, traffic signs, traffic signals, grading, landscaping and irrigation, and all necessary, incidental, and appurtenant facilities, land and easements, together with extensions of and improvements to said facilities within and without the boundaries of the District. It is anticipated that the District shall maintain all street improvements which are not accepted by Weld County or any other appropriate jurisdiction for maintenance. 4. Mosquito Control. The eradication and control of mosquitos may become necessary in the course of the provision of the water and sanitary sewer services described herein. Therefore, to the extent necessary, as a part of the provision of water and sanitary sewer service, the District shall have the power to provide for the eradication and control of (00002675.DOC v:3) 8 r mosquitoes, including but not limited to elimination or treatment of breeding grounds and purchase, lease, contracting or other use of equipment or supplies for mosquito control within and without the boundaries of the District. 5. Other Powers. In addition to the enumerated powers, the Board of Directors ("Board") of the District shall also have the following authority: (a) To amend the Service Plan as needed, subject to the appropriate statutory and County procedures. (b) Without amending this Service Plan, to defer, forego, reschedule, or restructure the financing and construction of certain Improvements and facilities, to better accommodate resource availability. (c) Except as specifically provided herein, to provide such additional services and exercise such powers as are expressly or impliedly granted by Colorado law. The District shall have the authority, pursuant to § 32-1-1101(1)(f), C.R.S. and §§ 32-1-1101(1.5)(a) - 1.5(f), C.R.S., to divide the District into one or more areas consistent with the services, programs, and facilities to be furnished herein. The exercise of such authority shall not be deemed a material modification of this Service Plan. B. Standards of Construction/Statement of Compatibility. The District will ensure that the Improvements are designed and constructed in accordance with the requirements of the jurisdiction in which the Improvements are located. The District will obtain all necessary approvals from the appropriate governing entity prior to construction and installation of the Improvements. Where Improvements are constructed within (00002675.DOC v:3} 9 Pia the County, the District shall obtain from the County all appropriate approvals prior to commencing construction on any phase of the Improvements. C. Ownership of Improvements. The District shall own or acquire the necessary contract or property interests to allow it to serve the users of the system and to maintain the Improvements, and shall have the authority to do same to the extent authorized by and limited by the Constitution, the Statutes, and the common law of the State of Colorado. VII. FINANCIAL PLAN/PROPOSED INDEBTEDNESS The Financial Plan attached hereto as Exhibit C describes the proposed facilities and/or services and includes revenue bond capacity and other major expenses related to the organization and operation of the District. The purpose of the District is to provide water and sanitation services, together with ancillary street and mosquito control improvements, through the creation of enterprises and/or authorities which will be authorized to impose and collect rates, fees, tolls and other charges for connection to and use of the District's Improvements. The District will not issue any general obligation bonds or impose or collect ad valorem property taxes without an amendment to this Service Plan. The revenue bonds issued by the District shall never constitute debt or indebtedness of the District, the County, or any other political subdivision of the state within the meaning of any provision or limitation of the laws of Colorado or the state constitution and shall not constitute nor give rise to a pecuniary liability of the District or charge against its general credit or taxing powers. {00002675.DOC v:3} 10 A. General. The provision of the Improvements and services by the District will be paid for through rates, fees, tolls and charges imposed by the District for connection to and use of the systems and may be financed through revenue bonds issued by the District, acting by and through water and sewer enterprises and/or authorities, or financed using other legally available sources of revenue. Bonds may be issued in one or more series. Prior to the first bond issuance, construction costs may be advanced by the Organizers of the District, or their affiliates, until the facilities are capable of producing revenue. The District shall reimburse the Organizers, or their affiliates, for construction costs advanced, together with interest thereon, pursuant to the terms of an advance and reimbursement agreement between the District and the Organizers, or their affiliates. B. Revenue Bond Issuance. In order to fund the planning, design, acquisition, construction, completion and _ installation of the Improvements on a regional basis, the District may issue revenue bonds, or other contractual obligations or multiple-fiscal year obligations, which will be payable from fees, rates, tolls or charges imposed by the District upon the Service Providers who shall collect such fees, rates, tolls or charges from the Customers. The District anticipates imposing infrastructure fees in order to defray the cost of infrastructure construction, operations and maintenance. Bonds will be issued in several series to providing funding to phase the Improvements to meet increasing service demand. The District will not issue any general obligation bonds or impose or collect ad valorem property taxes without an amendment to this Service Plan. The revenue bonds issued by the District shall never constitute debt or indebtedness of the District, the {00002675.DOC v:3) 11 County, or any other political subdivision of the state within the meaning of any provision or — limitation of the laws of Colorado or the state constitution and shall not constitute nor give rise to a pecuniary liability of the District or charge against its general credit or taxing powers. Prior to the issuance of any bonds, the District will have a rate study prepared based on the estimated capital costs and operation and maintenance costs for the Improvements that will be necessary to serve the next phase of service demand. The District will implement a schedule of rates, fees and charges as determined from the rate study, which will provide sufficient revenue for the payment of principal and interest on the District's indebtedness, as well as provide the necessary revenue for ongoing operation, maintenance and capital repair and replacement of the Improvements. C. Services of the District. The District will require sufficient operating funds to plan and cause the Improvements to be constructed and maintained. The initial costs of operation are expected to include: organizational, legal, engineering, accounting and debt issuance costs, compliance with state reporting and other administrative requirements. The initial annual operating budget is estimated to be Fifty Thousand Dollars ($50,000), which amount may increase as additional users are added to the system. Any rate studies that are prepared will provide for the imposition of rates, fees, tolls and charges in amounts which are sufficient to adequately provide for the ongoing operation,maintenance, capital repair and replacement of the Improvements. Prior to the District having sufficient revenue to pay its ongoing operations and maintenance expenses, the Organizers, or their affiliates, will advance funds to the District. The District shall have the authority to repay the Organizers, or their affiliates, for amounts advanced (00002675.DOC v:3) 12 for operations and maintenance expenses, together with interest thereon, pursuant to an operation funding and reimbursement agreement between the District and the Organizers, or their affiliates. VIII. ANNUAL REPORT The District will submit an annual report to the County within two hundred ten (210) days from the conclusion of the District's fiscal year. The District's fiscal year shall end on December 31. The annual report shall include information as to the following matters which occurred during the year: (a) Changes in the District's taxing boundary or Service Area boundary; (b) Intergovernmental Agreements; (c) Changes in the District's rules and regulations; (d) A summary of any litigation which involves the District; (e) Status of construction of Improvements; (0 Annual audited financial statements of the District or appropriate exemptions from Audit; and (g) A summary of total debt authorized, issued and outstanding. IX. RESOLUTION OF APPROVAL The District shall incorporate the Weld County Board of County Commissioners' Resolution, attached hereto as Exhibit D, approving the Service Plan into the petition presented to the District Court. X. INTERGOVERNMENTAL AND OTHER AGREEMENTS Other than the Policy Board IGA, no intergovernmental agreements are proposed at this time. However, the District anticipates that it will enter into various intergovernmental {00002ws.00c v:3) 13 agreements and other agreements to provide services to cities, counties, special districts, water and sanitation districts, water companies, ditch companies, authorities, state agencies, the State of Colorado as well as private entities, within and without the boundaries of the County. The District shall provide the Weld County Board of County Commissioners with notice of all intergovernmental agreements entered into by and between the District and any other jurisdictions. XI. CONCLUSION It is submitted that this Service Plan for the proposed Resource Colorado Water & Sanitation Metropolitan District, as required by § 32-1-203(2), C.R.S., establishes that: (a) The properties owned by the Owners in Weld County, Adams County, Commerce City and Brighton ("Development Properties") as shown on Exhibit B-I are in need of water and sanitation service in order to be developed. Therefore, there is sufficient existing and projected need for organized service in the area to be serviced by the District; (b) There is not presently water or sanitation service available to the Development Properties through Weld County, Adams County, Commerce City or Brighton or any nearby special districts. Therefore, the existing service in the area to be served by the District is inadequate for present and projected needs; _ (c) The District will finance the construction of the water and sanitation infrastructure through the issuance of revenue bonds which will be payable from fees, rates, tolls or charges imposed by the District upon the {00002675.DOC v:3) 14 Service Providers who shall collect such fees, rates, tolls or charges from the Customers. Prior to the issuance of any bonds, the District will have a rate study prepared based on the estimated capital costs and operation and maintenance costs for the infrastructure that will be necessary to serve the next phase of service demand. Therefore, the District is capable of providing economical and sufficient service to the area within its proposed boundaries; (d) The District will implement a schedule of rates, fees and charges as determined from the rate study, which will provide sufficient revenue for the payment of principal and interest on the District's indebtedness, as well as provide the necessary revenue for ongoing operation, maintenance and capital repair and replacement of the infrastructure. Therefore, the area to be included in the District does have, and will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; (e) The Development Properties will be unable to develop without water and sanitation service. Presently, water and sanitation service are not available to the Development Properties through Weld County, Adams County, Commerce City or Brighton or any nearby special districts. Therefore, adequate service is not, or will not be, available to the area through the County or other existing municipal or quasi-municipal corporations, including existing special districts, within a reasonable time and on a comparable basis; j00002675.DOC v:3} 15 (f) The District will ensure that the infrastructure is designed and constructed in accordance with the requirements of the jurisdiction in which such infrastructure is located. Therefore, the facility and service standards of the District are compatible with the facility and service standards of Weld County and each municipality which is an interested party under § 32-1- 204(1), C.R.S.; (g) The District will be a provider to water distributors and sewer providers who are in need of support and will work with municipalities, special districts and other local water and sewer Service Providers who will provide service to the ultimate User. Therefore, the proposal is in substantial compliance with any duly adopted county, regional or state long-range water quality management plan for the area; (h) The proposal is in substantial compliance with a master plan adopted pursuant to § 30-28-106, C.R.S.; and (i) The creation of the District is in the best interests of the area proposed to be served. (00002675.DOC v:3} 16 EXHIBIT A LEGAL DESCRIPTION,BOUNDARY MAP AND VICINITY MAP {00002675.DOC v:3) J•R ENGINEERING A Subnidinry of Wnstrinn LEGAL DESCRIPTION PARCEL L-2 LOT C, RECORDED EXEMPTION NO. 1477-34-2-RE2066, RECORDED OCTOBER 21, 1997 IN BOOK 1633 AS RECEPTION NO. 2574979, BEING A PART OF THE NORTHWEST ONE-QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS:THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING ASSUMED TO BEAR N00°38'43"W A DISTANCE OF 2658.19 FEET. MONUMENTED BY A 2-1/2"ALUMINUM CAP STAMPED "INTERMILL LS 12374"AT THE NORTHWEST CORNER AND AT THE WEST ONE-QUARTER CORNER. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 34, N89°02'49"E A DISTANCE OF 265.44 FEET; THENCE S00°03'13"E A DISTANCE OF 30.00 FEET, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 4 AND THE INTERSECTION OF THE EASTERLY LINE OF LOT A, SAID RECORDED EXEMPTION NO. 1477-34-2-RE2066, RECORDED OCTOBER 21, 1997 IN BOOK 1633 AS RECEPTION NO. 2574979 BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 4 WHICH IS 30.00 FEET SOUTH AND PARALLEL WITH SAID NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 34, N89°02'49"E A DISTANCE OF 715.92 FEET, TO THE WESTERLY LINE OF LOT B, SAID RECORDED EXEMPTION NO. 1477-34-2-RE2066; THENCE ALONG THE WESTERLY, SOUTHERLY AND EASTERLY LINES OF SAID LOT B THE FOLLOWING THREE (3)COURSES: 1. S00°57'11"E A DISTANCE OF 70.00 FEET; 2. N89°02'49"E A DISTANCE OF 435.60 FEET; 3. N00°57'11"W A DISTANCE OF 70.00 FEET, TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 4; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 4 WHICH IS 30.00 FEET SOUTH AND PARALLEL WITH SAID NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 34, N89°02'49"E A DISTANCE OF 1223.21 FEET, TO THE EAST LINE OF SAID NORTHWEST ONE-QUARTER OF SECTION 34; THENCE ALONG SAID EAST LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 34, S00°47'11"E A DISTANCE OF 2630.74 FEET, TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 34; 3/19/2004 JR Engineering,LLC Page 1 of 2 X:\1500000.aIf\1500600\Word\Legals\Directors Parcels\L-2_DIRECTORS.doc J•R ENGINEERING ASubsidiaryotWuhian THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER OF SECTION 34, S89°06'10"W A DISTANCE OF 2616.31 FEET, TO THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 67; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 67 WHICH IS 30.00 FEET EAST AND PARALLEL WITH THE WEST LINE OF SAID NORTHWEST ONE-QUARTER OF SAID SECTION 34, N00°38'43"W A DISTANCE OF 2196.76 FEET, TO THE SOUTHERLY LINE OF SAID LOT A, RECORDED EXEMPTION NO. 1477-34-2-RE2066; THENCE ALONG THE SOUTHERLY AND EASTERLY LINES OF SAID LOT A, RECORDED EXEMPTION NO. 1477-34-2-RE2066, THE FOLLOWING TWO (2)COURSES: 1. N89°38'58"E A DISTANCE OF 230.64 FEET; 2. N00°03'13"W A DISTANCE OF 433.92 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 6,739,733 SQUARE FEET OR 154.723 ACRES. P00 nR'ErO O,• \S.Eh •.e R • =-o•? 30099 _ =o . :�_ '-; '� NA( L A10Stiounimminno s�`\ PREPARED BY: RICHARD L. HARVANEK COLORADO PLS 30099 - FOR AND ON BEHALF OF JR ENGINEERING, LLC 3/19/2004 JR Engineering,LLC Page 2 of 2 X:11500000.aIb1500600\W ord\Legals\Directors Parcels\L-2_DIRECTORS.doc N89'02'49"E N 1/4 COR., SECTION 34 265.44' FND. 2-3/8" O.D. PIPE W/ 500'03'13"E 3-1/4" ALUM. CAP STAMPED "CHARLES B. JONES LS 22098" POINT OF COMMENCEMENT 30.00' NW COR., SECTION 34 WELD CO. ROAD 4 — FND. 2-1/2" ALUM. CAP-\1_ o STAMPED "INTERMILL LS 12374" N89'02'49E 2639.78 j NORTH LINE NW 1/4, SECTION 34 — ' c L N89'02'49"E 1223.21' LOT A m P. RECORDED EXEMPTION NO. -IILOT B RECORDED 1477-34-2-RE2066 POINT OF EXEMPTION NO. REC. NO. 2574979 I T BEGINNING 1477-34-2-RE2066 REC. NO. 2574979 I a LOTC ro — a in RECORDED EXEMPTION NO. a z z 1477-34-2-RE2066 ^o o a m o REC. NO. 2574979 In U _, N'-0 tO 6739,733 S.F. N (1) LA au ED mmo n to 154.723 AC. N ma in to ANNIrn w O w - , N NW 1/4, SECTION 34 w _ / m 3 T.1 N., R.63W. 6TH P.M. 1� z l\ O L�i7 3 N z - Oct3 o a � ooz a LINE TABLE on z o II-- 3 W aoz r'n R LINE BEARING LENGTH J 0 °�z o L1 N89'02'49"E 715.92 n. vc N F I z L2 SOO'57'11"E 70.00 w Oi 3 I L3 N89'02'49"E 435.60 a L4 NOO'57'11"W 70.00 8 60'— — L5 N89'38158"E 230.64 30' — -- L6 NOO'03'13"W 433.92 e S89'06'1 0"W 2616.31' • - a f SOUTH LINE, NW 1/4, SECTION 34 W 1/4 COR., SECTION 34J Lq 589'06'10"W 2646.31' FND. 2-1/2" ALUM. CAP — ' STAMPED "INTERMILL LS 12374" o C 1/4 COR., SECTION 34 5. c' SET NO. 6 REBAR W/ Iii 3-1/4" ALUM. CAP ,� 0 STAMPED "JR ENG LS 30109" 0 0 0 717, w EXHIBIT DIRECTORS PARCEL To cc LOT C JOB NO. 15006.00 - 0 MARCH 19, 2004 SHEET 03 OF 03 0 0 600 300 0 600 JR ENGINEERING SCALE: 1" = 600' AN°isnot"""" 80,20Gearao Ana acd•BgevmCO eon 10-14o-s93•Fa 3tt♦-m90e.iwnWe* nwn o e \ ) . - 16..i�1 \ rg I I off / _ _, •� 1 1 2J) �7 , k/ 4945 i 1 r, !f\__) \ JO / ., �'1 \ j .cam l �'"i' ?tic' \mil %-, �Q 1 J - WELD CO. OAD 4 ��I• I\ S444 r LOT CL, h fijii2L) - W ° ��Y�_"ICJ �'3 \ 4 4.. O 3J- O ( X003 v 1/ ,_--,r-o / o It 9jo_J( I \"V '� �'�\/p900-7') \ t�(i`\Jl .1\� .9 ` �/r \ /�� (- \ ) ( / O x•934 \ ' o�\ �`�I\f \\)1. .. !LS F %.20 J ae .._- _ N498T <s LINE _ - l T�-{i __�.. — g j`, r E. 168 AVENUE „ M V 1. _- �i i .� r ea e /� ""ll/\ J 0 , ) ( k ./1\., , �oo I C 1�N"I a. / 4 7 ) I----, -',/ \-'"1:-%- oLo I \ y; /� `40 \ / o 0 $ n — VICINITY MAP LOT C i h JOB NO.15006.00 2 Ili MARCH 19, 2004 1 - SHEET 01 OF 01 0 2000 1000 0 2000 J ENGINEERING -- S A Westin Crape/ _ a R SCALE: 1" = 2000' 6[Qo(3mxTodFlaza9d•byewxdCO eom $ 303-140.98i•Fac 303-71F909•Wx�* teigmn J( EXHIBIT B-1 SERVICE AREA AND ANTICIPATED INITIAL PIPELINE LOCATION (00002675.DOC v:3) 1 PRELIMINARY PIPELINE ROUTING PLAN RESOURCE COLORADO WATER AND SANITATION METROPOLITAN DISTRICT . $ 2 3 I II 4Vi y •I3_ y +c n LEGEND ' '` '� `z. _ - ate-.' WATER SUPPLY PROPERTIES WELD a f p I , A COUNTY `• r - -t �- PARCEL BOUNDARY - --- - ' A •?�� pil.. rl E-470(APPROXIMATE) NI 2• WELL LOCATION AND ,r HOMESTEAD EAST c - p '' .O 2 r� DESIGNATION {. - i V fk ALTERNATE DISTRIBUTION �`; Nqt .—* r ,... .�.,,lr",� �r .c. :..f+r - `jam r r- �r-ar 'ra-..�.w.•�.a>..A0 $.. �_ s_ ._^ — — PIPELINE ROUTE • c e s ALTERNATE g rJg` y- -s + ` }7UMP STATION R© �y< $ $ fP3 PIPELINE ALTERROUTE OELECTION '+a 6T -1 .. r...��i6 AYf.- r L —. ,_ —.J—.�,°Z-Km� i1 r e S_ - Y S s 4F:l T +q �.+ �r N21 i _ 12 o r O CIA Y c `BB6A11.f94 /� X ROMLE UTIE/ < V! < I p $ IPoMyfv LANE/ Yi» �° v - _ $ g• 1 .g _ nxrw egg 15Fi�. �. .� -�.•L ,T.1a29L.�._T.�. .�-�. _ WATER 1 , ra z P $_' �".• 87 • '° �nMw•, E 'fl TneATMENr i$- N2 z' n / '. I- STATION �. PLANT 8 PUMP `�F sraTlora pj ° ` y g 3tC �IIro AvEr'°T -A w ... J 3uTn IvE_ 8iEAD TANK F — PUMP •}f I ( _. dbAMS i, _ C i o a i i. r TSU2U_ a , 3 "' �,y'"., r3IVERDARE ' r ;J't: i - i m - e '5.- g 3 v T' 4..t r`PEA 3,14 r9 ° s "l .Fain AV[ 1 �. °.fl Th Avf. 3�._ E o `v,.. i �F' e z o 1. • .' — .. _ m ? t Fq v I I r' � „ r". - I AL1468113T l AVE ;,. ]l2Tn avF f _ L; 'ArT,LG, �'yq A. 9 !'•—Y 5 C . �, OO14 iaTRDZ R . „V J---. I . I04T AVE - 6000 eW0 J I� >000• a � ,z�• f I SCALE: P . II000 2 „ - a Sit .._. { --�"- y%TN AVE ` � . _ PRELIM. PIPELINE ROUTING PLAN 2 0,- '4.1 ' 1, i ` ° oNA! '. PHASE I PLAN 1 FAR 3 i r t---I , \ RT JOB N0. 14921.00 REVISED 3/18/2004 p > ILL iY / �' = 2/2/2004,{ •�. _ _ - � _ : J R ENGINEERING g ASUMl9rygWrtNn ....1 „� ' _ - •*.. _ _ _ _ _ , _. - _ I. ._s fra Denali Rua 9d•Egwatt CO sole X 3:0-740-9:03.Fat 303-721-03.whweyiesigmm EXHIBIT B-2 DESCRIPTION OF FACILITIES AND COSTS Water System Improvements (Potable and Non-Potable) _ Water Rights Acquisition Water Transmission Lines/Distribution Mains/Collection Lines Pumping Facilities Surface Storage Facilities/Reservoirs Underground Storage Facilities including tanks Above Ground Storage Facilities Water Filtration and Treatment Plants Well Systems Pump Stations Fire Hydrants Meters Irrigation Facilities Power Plants Ventilation Gauging Stations Inlets Tunnels Flumes Conduits Canals Collection Facilities -- Infiltration Galleries Miscellaneous Appurtenant Facilities Contingencies Sanitation System Improvements Treatment Plants Transmission/Collection Lines/Mains/Force Mains Lift Stations Sludge Handling and Disposal Facilities Storm Sewer Systems (Open and Closed) Flood and Surface Drainage Facilities Inlets Intercepting Sewers Outfall Sewers Detention/Retention Ponds Miscellaneous Appurtenant Facilities Contingencies {00002675.DOC v:3) Street Improvements Curbs/Gutters Culverts and Other Drainage Facilities Streets Sidewalks Bridges Parking Facilities Paving Lighting and Associated Facilities Grading Landscaping Traffic Signs/Signals Miscellaneous Appurtenant Facilities Contingencies Mosquito Control Improvements Mosquito Spraying Equipment Total estimated Cost $324,000,000 .� (00002675.DOC v:3) EXHIBIT C FINANCIAL PLAN The District will establish enterprises to manage, fund, and operate such facilities, services, and programs as may qualify for enterprise status using the procedures and criteria provided by Cow. CoNST. Art. X, § 20 (the "Tabor Amendment") and other applicable statutory provisions. To the extent permitted by law, any enterprise created by the District will remain under the control of the Board. The District will utilize governmental enterprises and authorities to issue revenue bonds secured by the payment of infrastructure fees and service charges of Customers, thereby not relying upon property taxes or sales taxes for any portion of the supporting revenues. Prior to the issuance of any revenue bonds the District will have a rate study prepared based on the estimated capital and operation and maintenance costs (including an inflation factor) for the Improvements that will be necessary to serve the next phase of service demand. The District will implement a schedule of rates, fees and charges as determined from the rate study, which will provide sufficient revenue for the payment of principal and interest on the '— District's indebtedness as well as provide the necessary revenue for ongoing operation, maintenance and capital repair and replacement of the Improvements. The rate study will also provide for the necessary debt coverage factor to be required by revenue bond investors. The District will not issue any general obligation bonds or impose or collect ad valorem property taxes without an amendment to this Service Plan. The revenue bonds shall never constitute debt or indebtedness of the District, the County, or any other political subdivision of the State of Colorado within the meaning of any provision or limitation of the laws of Colorado or the state constitution and shall not constitute nor give rise to a pecuniary liability of the District or charge against its general credit or taxing powers. The exact interest rates, discounts, and their form will be determined at the time the bonds are sold by the District and will reflect market conditions at the time of sale. It is anticipated that a total of Three Hundred Twenty-Four Million Dollars _ ($324,000,000) in revenue bonds may be issued. The revenue bonds shall have a maximum interest rate of eighteen percent (18%) and a maximum discount of five percent (5%). Such bonds may be issued in one or more series, may bear such date, may mature at such time, may be _ in such denominations, may carry such registration privileges, may be subject to such terms of redemption in advance of maturity in such order or by lot or otherwise at such time with or without a premium, may be executed in such manner, may bear such privileges for re-issuance in _ the same or other denominations, may be so reissued, and may be in such form as may be provided by the Board. The District may capitalize interest as may be considered necessary or appropriate by the Board. Interest income through the reinvestment of construction funds will provide additional income. r (00002675.DOC v:3) Kirkpatrick Pettis A Mutual of Omaha Company December 12, 2003 Re: Resource Colorado Water and Sanitation Metropolitan District(the "District") The purpose of the District is to provide water and sanitation services. The District will utilize a governmental enterprise fund to issue revenue bonds secured by the payment of facilities fees and service charges by customers, users and other participants. The District will not issue general obligation bonds or impose or collect ad valorem property taxes. Revenue bonds issued by the District shall not constitute debt or indebtedness of the District, Weld County or any other political subdivision of the State of Colorado. The Financial Plan("Financial Plan") contained in the Service Plan for the proposed District sets forth how the services and facilities of the District will be financed, including the maximum proposed indebtedness. Prior to the issuance of any bonds, the District will have a _ study prepared based on the estimated capital costs and operation and maintenance costs for the Improvements that will be necessary to serve the next phase of service demand. As the District constructs each phase of the Improvements based upon the information obtained from the rate study, the District will be capable of projecting the provision of economical and sufficient service to the customers,users and other participants. The information contained in the rate study will also allow the District to implement a schedule of rates, fees and charges _ which will provide: (a) sufficient revenue for the payment of principal and interest on the District's indebtedness,thereby ensuring a discharge of the proposed indebtedness on a reasonable basis, and(b)the necessary revenue for ongoing operation and maintenance and capital repair and replacement of the Improvements. A reasonable expectation of repayment will be a key feature in the credit analysis accompanying a bond underwriting. This analysis will also include reviewing the competitiveness of the District's fee and rate structure and obtaining firm commitments by users as appropriate. We hope this letter helps to clarify the Financial Plan of the Service Plan. We find this Financial Plan to be a reasonable approach to the financing of these water and sewer improvements. Please let us know if you require further information. Sincerely, cisn ice Pr 1600 Broadway,Suite 1100* Denver,CO 80202-4922 * 303-764-5737 * 303-764-5768* 800-942-7557 FAX 303-764-5770 * Home Office: 10250 Regency Circle,Suite 400* Omaha,NE 68114* 800-776-5777 "- Member NASD&SIPC*ssharp@kpsp.com tbishoD()kpso.com EXHIBIT D BOARD OF COUNTY COMMISSIONERS' RESOLUTION RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, COLORADO, APPROVING THE SERVICE PLAN FOR THE RESOURCE COLORADO WATER & SANITATION METROPOLITAN DISTRICT WHEREAS, §32-1-204 C.R.S. provides that no special district shall be organized except upon adoption of a resolution approving the Service Plan of the proposed special district; and WHEREAS, a Service Plan has been submitted to the Weld County Board of County Commissioners ("Board of County Commissioners") for the proposed Resource Colorado Water & Sanitation Metropolitan District ("District")pursuant to §32-1-201, et seq., C.R.S.; and WHEREAS, the territory of the District is located wholly within the boundaries of Weld County("County"); and WHEREAS, the Board of County Commissioners conducted a public hearing on the Service Plan for the District. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, AS FOLLOWS: § 1. The notice of hearing was properly given pursuant to §32-1-201 and §32-1-204, C.R.S., and the Board of County Commissioners has jurisdiction to hear this matter. § 2. The Board of County Commissioners makes the following findings: A. There is sufficient existing and projected need for organized service in the area to be served by the proposed District; B. The existing service in the area to be served by the proposed District is not adequate for present and projected needs; C. The proposed District is capable of providing economical and sufficient service to the area that it intends upon serving; D. The area to be included in the proposed District has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; E. Adequate service is not, or will not be, available to the area through the County or other municipal or quasi-municipal corporations, including {00002675DOC v:3} existing special districts, within a reasonable time and on a comparable basis; F. The facility and service standards of the proposed District are compatible with the facility and service standards of the County and each municipality which is an interested party under § 32-1-204(1), C.R.S.; G. The proposal is in substantial compliance with a master plan adopted pursuant to § 30-28-106, C.R.S.; H. The proposal is in substantial compliance with any duly adopted county, regional or state long-range water quality management for the area; and I. The creation of the District is in the best interests of the area proposed to be served. RESOLVED AND PASSED this day of , 2004. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By: Chairman, Board of County Commissioners ATTEST: Clerk {00002675.DOC v:3} - EXHIBIT E - POLICY BOARD IGA - {00002675.DOC v:3} INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into this day of , 2004, by and between WELD COUNTY, COLORADO ("Weld County") and RESOURCE COLORADO WATER AND SANITATION METROPOLITAN DISTRICT ("District"), a quasi-municipal corporation, acting by and through its wastewater enterprise, (collectively the "Parties"). RECITALS WHEREAS, Weld County has approved District's plan to provide water and sanitary services to certain users in Southern Weld County and Adams County all as set forth in the District's Service Plan; and WHEREAS, District and Weld County believe it to be in the best interests of their taxpayers and service users that the Southern Weld County Water and Sanitation Policy Board '- ("Policy Board") be established by way of this Intergovernmental Agreement ("Agreement")to study, consider and recommend uniform policies and exercise the rights and powers described hereafter. COVENANTS AND AGREEMENTS In consideration of the foregoing Recitals, which are incorporated herein by this reference, and in consideration of the mutual promises and undertakings herein set forth, the Parties agree as follows: 1. Establishment of Policy Board and Membership. (a) Establishment of Membership. Weld County and District hereby agree to the establishment of a Policy Board comprised of seven (7)members as follows: (i) Two (2) of whom shall be County Commissioners; (ii) Two (2) of whom shall be members of the boards of directors of Service Providers, as defined in District's Service Plan, or managers of the Service Providers and shall be appointed by the Board of County Commissioners; (iii) Three (3) of whom shall be members of or appointed by the Board of Directors of District; (iv) In the same manner as used in designating members of the Policy Board, Weld County and District may designate alternative members of the Policy Board who may attend and vote at meetings of the Policy Board when one or more of their designated members are unable to attend; and (00011254.DOC v:1} (v) Members of the Policy Board shall serve until resignation, or until their appointment has been withdrawn and replacements have been named in a written notice to the other parties to this Agreement. (b) Policy Board Procedures. The Policy Board shall function under the following general procedures: (i) The Policy Board shall meet as required (estimated to be quarterly or semi-annually), upon such notice as the Policy Board shall determine. (ii) A quorum shall consist of six (6)members: action of the Board "- shall be determined by the affirmative vote of a majority of the quorum present. (iii) The Policy Board shall be deemed a local public body within the meaning of the Colorado Open Meetings Law (Section 24-6-401, et seq., C.R.S.) and records of its proceedings and any other documents in its possession or subject to its control shall be subject to the Public Records Act (Section 24-72-201, et seq., C.R.S.). 2. Purposes and Powers. The Policy Board shall act as a policy advisory body for water and sanitation issues in Southern Weld County and it shall be empowered to make recommendations to the Weld County Board of County Commissioners, Weld County Planning Commission, District and any other entity as directed by Weld County in connection therewith, regarding the following matters: (a) Coordinate planning for sanitation treatment facilities with appropriate agencies; (b) Coordinate planning for potable and non-potable water with appropriate agencies; (c) Undertake studies regarding water storage and water recharge possibilities; (d) Review and make recommendations regarding the extension and/or expansion of water and wastewater treatment service to new developments in areas of need; (e) Review and make recommendations regarding water quality management activities; and (0 Coordinate planning for water and sanitation service to cities, towns and areas designated for development and facilitate joint planning wherever possible. 3. District Reporting Requirements. District and any Service Providers that may in the future become participants in the Policy Board shall, on an annual basis,provide the following to the Policy Board: {00011254.DOC v:1) 2 (a) Capital Improvement Progress Report. (i) Summary of description and mapping of completed improvements from date of organization through December 31 of the year prior to the year of the report; (ii) Summary of description and drawing of improvements proposed to be constructed within 36 months of January 1 of the year of the report("Three Year CIP Plan"); and (iii) Summary of infrastructure phasing and schedules of improvements described in Three Year CIP Plan. (b) District Financial Reporting. (i) Annual budget for year of report; (ii) Annual audit of Financial Statements for the fiscal year ending December 31 of the year prior to the year of the report; and (iii) Summary of total debt outstanding and remaining amounts of authorized but unissued debt authorization. (c) Operations Reporting. (i) Current Rules and Regulations; (ii) Changes to District's taxing boundary or Service Area boundary, as such term is defined in District's Service Plan; (iii) Copies of executed intergovernmental agreements; (iv) Names and terms of Board members and contact information; (v) Schedule and locations of regular board meetings; and (vi) Summary of any outstanding litigation. 4. Implementation. — In order to implement its function, the Policy Board shall: {000nzs4.DOC v:I) 3 (a) Prepare an annual budget; (b) Request funding from providers and participants on the Policy Board to meet the budget and may request private and governmental planning money for specific projects; (c) Engage such consultants as may be required to study matters under consideration; and (d) Issue reports and recommendations as appropriate. 5. Miscellaneous. (a) Governing Law. Any dispute concerning this Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. (b) Authority. Each party represents and warrants that it has all requisite power, corporate and otherwise to execute, deliver and perform their obligations pursuant to this Agreement, that the execution, delivery and performance of this Agreement and the documents to be executed and delivered pursuant to this Agreement have been duly authorized by it and that upon execution and delivery, this Agreement and all documents to be executed and delivered pursuant to this Agreement will constitute its legal,valid and binding obligation, enforceable against it in accordance with their terms. (c) Counterparts. This Agreement may be executed in one or more counterparts, all of which together shall constitute one and the same instrument. (d) Notice. If under the terms of this Agreement notice is to be provided to any party, said notice shall be deemed provided upon personal delivery or three (3) business days after the mailing of same by registered or certified mail, return receipt requested. Notices shall be sent to the Weld County Manager, Members of the Board of County Commissioners and District. Notices to District shall be sent to District Manager,Members of the Board and their attorney, as noted below. At the time of the execution of this Agreement, the parties serving in — such capacities are as set forth below. The names of any person to whom notice is to be sent may be modified by the affected party by a written notice in writing to the other parties; as to the elected officials, the persons to whom notice shall be sent shall be deed automatically modified upon their successors taking office. Until so modified, the persons to receive notice are as follows: WELD COUNTY: DISTRICT: (000112554.00c v:1) 4 (e) No Limitation on Authority. The establishment and the functioning of the Policy Board shall not in any way limit the powers or authority of Weld County or District to provide services or to regulate the provision of services as set forth in their originating documents, statutes or the common law. (f) Termination. This Agreement shall continue in effect on a year to year basis unless terminated earlier by agreement of all parties hereto. IN WITNESS WHEREOF, the parties have set their hands and seals effective as of the day and year first above written. WELD COUNTY, COLORADO By: Commissioner Attest: By: RESOURCE COLORADO WATER AND SANITATION METROPOLITAN DISTRICT, a Colorado quasi-municipal corporation, acting by and through its wastewater enterprise By: President Attest: By: {00011254.DOC v:1) 5 Washington,D.C. FRIEDLOB SANDERSON 17761 Street,NW,Suite 900 Washington,D.C.20006-3700 PAULSON & TOURTILLOTT, LLC Phoenix,Arizona 2375 East Camelback Road,Suite 500 Attorneys at Law Phoenix,Arizona 85016 California 1775 Sherman Street,Twenty-First Floor 519 Seabright Avenue,Suite 208 Denver,Colorado 80203 Santa Cruz,California 95062-3482 Telephone 303.571.1400 Internet:5280LAW.com Facsimile 303.595.3159 April 9, 2004 via Federal Express APR 1 2 2!104 Bruce T. Barker, Esq. W .D r „ J Weld County Attorney's Office ATT "r 915 10`h Street Greeley, Colorado 80632 Re: Service Plan for Resource Colorado Water and Sanitation Metropolitan District Dear Mr. Barker: Enclosed please find the following: 1. Original and ten copies of the Executed Petition 2. Check in the amount of$500.00 Please call me with any questions or concerns. Sincerely,nedvizeRi >16atCc,, Shayne M. Madsen For the Firm Enclosures cc: MaryAnn McGeady Valerie Bromley 105028.W PD:1 STATE OF COLORADO, WELD COUNTY IN RE THE ORGANIZATION OF RESOURCE COLORADO WATER AND SANITATION METROPOLITAN DISTRICT, WELD COUNTY, COLORADO TO THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY AND STATE OF COLORADO: The Petitioners and Proponents of the proposed Resource Colorado Water and Sanitation MetropolitanDistrict, Weld County, Colorado, by their attorneys, pursuant to the provisions of the "Special District Act", Title 32, Article 1, C.R.S., respectfully petition the Board of County Commissioners of Weld County, State of Colorado, for a Resolution of Approval of the Service Plan and certain other preliminary actions relating thereto, for said District. In support of said Petition, the Petitioners state: 1. That on the 12`x' day of April, 2004, there was filed with the County Clerk of Weld County, a Service Plan for said proposed District. 2. That such Service Plan fully complies with the provisions of the "Special District Act" as to all of the information required to be contained therein. 3. That Petitioners have also accompanied the Service Plan with the processing fee required by law in the amount of$500.00 WHEREFORE, Petitioners pray that this Honorable Board will enter such orders as may be necessary or proper to and in connection with a Resolution of Approval of ersi Plan of the proposed District. By: %./ _ MaryAnn M. McGeady Valerie Bromley McGeady Sisneros, P.C. 1675 Broadway, Suite 2100 Denver, CO 80202 303-592-4380 /303-592-4385 (fax) Attorneys for the Proposed Resource Colorado Water and Sanitation Metropolitan District {00013171.DOC v:2} WANING THIS CHECK IS •TECTE� :V S'ECIAL SECU'ITY GU '.G-AMTIFE•TU-Es FRIEOLOBg �I� u�tl°I = mm r 68 ES$ACc�dar ' L©Tf:ttC GUARAmSANK ( z__ __ 11a 1331 17tH SL 1i. i Ab 1uN IhI�44i ,dpi 11111 Lb � F ON 1 Jiiil� nom iii�14M �Ii iN ilW�lippfi,V mi NIL Ic �i I,il �Yl�llil� '�N�fl I� , IN u1 1i I�M ,M oI11Nillll 10 N1iI L" 1 t 141 � ry, cc Y — — I�utl N,�I ��p M1 Vq v�l ,I nt Rli l, J it�Ii t �INIQ �II p� �r� i� iAyry _ PPP 1 Y RRR"""1 �p��li,�pp IIII II �4 a i , I 44 i1 ,, 111�i I h �Ii u )\ ��4;4 icc`Imo,� 1,1YIh4�h,1m c4 III 114116 iihIW.Pt' 4��1'�Vu :! of I� I��I' 7 1� Q�, �� l z PAY ''FIVE HUNDREC,3 1M[3 00/1Q0 DOLLARS* rfi II itt � ��1� 1f Dlk �NlIIV1 ��I �l $1i. u V i I,IrIj1 III WP - III �4* L ₹1AOEff6F = �, lir " ViVi al �p1 �°�� uu@I 04/49/# 205 n eCbuntyI�� NI�I�1 un�b �� 1�� I I 1�1 vl !u lii�li $]NESS ACC• NT liv q p�IIPNI�N�i4,11� �ri 14Itl lu o V"" uI� 4PuiYl��{�II I1,�?� V I 11� �v � �� _ � �qI"l "Loo� IIIIP16i u„ 61 q� III G LI r 1 i 1 f �H�I jllPhjh °i�0lm 1��;II, II iGPI _ �purj✓IUI SECU EFEATU•ES INCLWEINVI5I=LE FI:E•S•MIC • INTING•V•U FEAT) E ANT•G A H•EN•• SEMENT:ACKE •.••WNSTAIN CHEIdICAL EaLfANTi 11'0 20 5 2611' 1: i0 2000966 : 13 5•118 5 7 311' FRIEDLOB SANDERSON PAULSON&TOURTILLOTT,LLC 020526 BUSINESS ACCOUNT 20526 W025 Weld County Voucher Date Invoice Description Matter Amount 27150 04/09/04 Weld County 09838002 500.00 04/09/04 Total Paid 500.00 I- it) a f TO: Kim Ogle, Department of Planning Services FROM: Bruce T. Barker, Weld County Attorney CDATE: April 23, 2004 � RE: Service Plan for Proposed Resource Colorado Water and COLORADO Sanitation Metropolitan District The petitioners and proponents of the proposed Resource Colorado Water and Sanitation Metropolitan District submitted a proposed Service Plan to the Clerk to the Board of County Commissioners and to the Weld County Clerk and Recorder on April 12, 2004. By Resolution of that date, the Board of County Commissioners accepted the filing and referred the Service Plan to the Weld County Planning Commission for its study and recommendation. The matter is set for hearing before the Planning Commission on May 4, 2004. A copy of the Board's Resolution is attached. 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. Memorandum, Kim Ogle April 23, 2004 Page 2 k. Solid waste disposal facilities or collection and transportation of solid waste. 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. The Board will be looking for a Planning Commission recommendation of one of these three alternatives, based upon the criteria set forth below. 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. Memorandum, Kim Ogle April 23, 2004 Page 3 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. e. The creation of the proposed special district will be in the best interests of the area proposed to be served. Please let me know if you should have any questions. B e T. Barker eld County Attorney tic; Clerk to the Board Hello