HomeMy WebLinkAbout20042472 Washington,D.C.
17761 Street,NW,Suite 900
FRIEDLOB SANDERSON Washington,D.C.20006-3700
PAULSON & TOURTILLOTT, LLC Phoenix,Arizona
2375 East Camelback Road,Suite 500
Phoenix,Arizona 85016
Attorneys at Law
California
519 Seabright Avenue,Suite 208
1775 Sherman D Street,Twenty-First Floor Santa Cruz,California 95062-3482
Denver,Colorado 80203
Telephone 303.571.1400 Internet:5280LAW.com
Facsimile 303.615.5472
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.
{103217.DOC:1}
2004-2472
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.DOO1)
McGEADY SISNEROS, P.C.
ATTORNEYS AT LAW
1675 BROADWAY,SUITE 2100
DENVER,COLORADO 80202
TELEPHONE:(303)5924380
FACSIMILE:(303)5924385
MARYANN M.McGEADY SPECIAL C.OIINSEI
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, "[ijand 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 may be 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:1)
McGEADY SISNEROS, P.C.
ATTORNEYS AT LAW
1675 BROADWAY,SUITE 2100
DENVER.COLORADO 60202
TELEPHONE: (303)5924380
FACSIMILE:(303)5924365
MARYANN M.McGEADY SPFCIAI COIINSFI
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) (I) 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.
{00011144.DOC v.11
McGEADY SISNEROS, P.C.
ATTORNEYS AT LAW
1675 BROADWAY.SUrIE 2100
DEWER.COLORADO 80202
TELEPHONE:(303)5924380
FACSIMILE:(303)5924385
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 Ssneros, 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 maybe 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:11
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}
Weld County Planning Department
GREELEY OFF nr_
APR 0 5 2004 wD
RECEIVED
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
= EXHIBIT
{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) I
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} 11
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.
_ IL 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
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
as-
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.
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
j00002675.DOC vs) 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-1 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
w.
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
{00002675.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§32-1-1003, §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
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
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. hi 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(0, 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
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 Districts 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;
(1) 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
(00002675.Doc 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-1 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;
{00002675.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
a
a
{00002675.DOC v:3}
JR ENGINEERING
A Subsidiary d Westrian
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 or 2
X:\1500000.aIF\1500600\W arc,\Legate\Directors Parcels\L-2 DIRECTORS.doc
J•R ENGINEERING
A Subsidiary of Weshian
THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER OF SECTION 34,
889°06110'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.
Ommuwilitip.,0�EE H4 fA
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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:\1500000.aIA1500600\W ad\LegalsuJireclors Parcels\L-2_DIRECTORS.doc
N89'02'49"E N 1/4 COR., SECTION 34
[544
— FND. 2-3/8" 0.D. PIPE W/
500'03'13E 3-1/4" ALUM. CAP STAMPED
POINT OF COMMENCEMENT 30.00' "CHARLES B. JONES LS 22098"
NW COR., SECON 34-- WELD CO. ROAD 4FND. 2-1/2" ALUM. CAP STAMPED "INTERMILL LS 12374" N89'02'49"E 2639.78'
_NORTH LINE NW 1/4, SECTION 34
II 1I L1 ( L `3 NB9'02'49"E 1223.21'
-
LOT A LA
RECORDED EXEMPTION NO. I ' LOT B RECORDED
1477-34-2-RE2066 POINT OF EXEMPTION NO.
REC. NO. 2574979 I-L5 BEGINNING 1477-34-2-RE2066
REC. NO. 2574979
LOT C n
,�-, RECORDED EXEMPTION NO. 4 z
z 1477-34-2-RE2066 n• o a
m O REC. NO. 2574979 n O ^.
co °coo n 6,739,733 S.F. W N
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¢ m3� I NW 1/4, SECTION 34 \• w
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v °to a LINE TABLE o z o
W QOZ n LINE BEARING LENGTH - o
a cc z o Ll N89'02'49"E 715.92 0
r I Z L2 S00'57'11"E 70.00 w
N 3 I L3 N89'02'49"E 435.60
— L4 NOO'57'11"W 70.00
N 60'-- -- L5 N89'38'58"E 230.64
m
0 3O' — — L6 N00'03'13"W 433.92
— 1 f{ S89'06'10"W 2616.31'
W 1/4 COR., SECTION 34 / SOUTH LINE, NW 1/4, SECTION 34
a
m END. 2-1/2" ALUM. CAP—/ 589'O6'1O"W 2646.31'
s STAMPED "INTERMILL LS 12374"
a C 1/4 COR., SECTION 34
c„! SET NO. 6 REBAR W/
of 3-1/4" ALUM. CAP
— STAMPED "JR ENG LS 30109"
0
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a
— 1 EXHIBIT DIRECTORS PARCEL
To
cp LOT C
JOB NO. 15006.00
MARCH 19, 2004
SHEET 03 OF 03
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MARCH 19, 2004
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SCALE: 1" = 2000' 6020 Creemoted Roza SKI•BglabMco 60111
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EXHIBIT B-1
SERVICE AREA AND ANTICIPATED INITIAL PIPELINE LOCATION
_ {00002675.DOC v:3}
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
r. 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}
r
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 Coto. 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.
•
{00002675.DOC v:3)
-
Kirkpatrick Pettis
A Mutual of Omaha Company
P Y
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,
lee Pr
hsda-
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 *ssharoOkpsp.com*tbishonakpsp.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
'� {00002675.DOC v:3}
AdaN
EXHIBIT E
POLICY BOARD IGA
{00002675.DOC 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}
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
(f) 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:
{00011 254.DOC v:1) 3
(a) Prepare an annual budget;
r. (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:
(00011254.DOC 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:
(0001l2S4.DOC v:1) 5
APR-09-2004 FRI 02: 18 PM WELD, CO GOVT FAX NO. 9520242 P. 01
rit
FAX TRANSMISSION
WELD COUNTY ATTORNEY'S OFFICE
1 FAX: (970) 352-0242
C PHONE: (970) 356-4000,EXT. 4391
COLORADO
CONFIDENTIAL:
THIS FACSIMILE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR
ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION
THAT IS PRIVILEGED.CONFIDENTIAL, AND EXEMPT FROM DISCLOSURE
UNDER APPLICABLE LAW. IF THE READER OF THIS FACSIMILE IS NOT THE
INTENDED RECIPIENT NOR THE EMPLOYEE OR AGENT RESPONSIBLE FOR
DELIVERING THE FACSIMILE TO THE INTENDED RECIPIENT, YOU ARE
HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING
OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE
RECEIVED THIS COMMUNICATION IN ERROR,PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US
AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU.
This message consist of 4 pages plus this cover sheet.
DATE: April 9, 2004
TO: Donita May, Weld County Department of Planning Services
FROM: Bruce T. Barker, Weld County Attorney ET.4390
APR-09-2004 FRI 02 18 PM WEIR CO GOVT FAX NO. 9;43520242 P. 02
S
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LEGAL DESCRIPTION
PARCEL L-2
LOT C. RECORDED EXEMPTION_NQ 47234-2-RE2066, RECORDED OCTOBER 21, 1997 IN BOOK 1633
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STATE OF COLORADO;QND BEING MORE PARTICULARLY D RIFLED AS FOLLOWS
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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;
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THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER OF SECTION 34,
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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.
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N89'02'49"E N 1/4 COR., SECTION 34
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STAMPED "INTERMILL LS 12374" N89'02'49"E 2639.78'
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MCGEADY SISNEROS,, P. C. I ,
ATTORNEYS AT LAW ��!/
1675 BROADWAY,SUITE 2100 ■
DENVER,COLORADO 80202
TELEPHONE:(3031 592-4380
FACSIMILE:(3031 592-4385
MARYANN M.MCGEADY SPECIAL COUNSEL
DARLENE SISNEROS
MARY JO DOUGHERTY KENNETH M.KOPROWIC2
JACQUELINE C.MURPHY
MEGAN BECHER
VALERIE D.BROMLEY
KATHRYN S.KANDA
April 19, 2004
VIA FACSIMILE AND U.S.MAIL
Kim Ogle
Weld County
Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
Re: Resource Colorado Water and Sanitation Metropolitan District("District")
Dear Mr. Ogle:
We received your letter of April 7, 2004, setting forth the date for the Weld County Planning
Commission("Planning Commission")hearing regarding the Service Plan for the District. Pursuant to a
telephone conversation with Bruce Barker, we understand that many of the requirements contained in the
letter are part of the process associated with land use approval and development in Weld County.
However, Mr. Barker agreed that these same requirements may not apply with respect to formation of a
Title 32 special district as there is a separate statute governing approval of Title 32 special district service
plans. In reviewing those statutes with the policies of Weld County, the parties agreed as follows:
(a)notice will not be given to the mineral estate owners, (b) a notice would be published, and has been
published in the Fort Lupton Press on April 9, 2004, by Weld County regarding the Planning Commission
hearing, (c) the County will post notice on the property pursuant to Weld County policy. Although the
notice by publication and by posting are not required pursuant to Title 32, these notices will be done
pursuant to Weld County policy.
Very truly yours,
MCGEADY SISNEROS,P.C.
Valerie D. Bromley
Bruce Barker Eric Chekal
Harvey Deutsch Jack Ruetzel
Joel Farkas Chris Paulson
Steven Deutsch Shayne Madsen
(00015009.DOC v:11
SERVICE PLAN
FOR
RESOURCE COLORADO
WATER & SANITATION
METROPOLITAN DISTRICT
(WELD COUNTY, COLORADO)
Resubmitted: June 18, 2004
Prepared by: McGEADY SISNEROS, P.C.
1675 BROADWAY, SUITE 2100
_ DENVER, COLORADO 80202
(303) 592-4380
(00002675.DOC v:4}
TABLE OF CONTENTS
Page
I. INTRODUCTION 1
II. ESTABLISHMENT OF AN ADVISORY BOARD 2
A. Purpose of the Advisory Board 2
B. Members of the Advisory Board 2
C. Reporting Requirements 3
1. Capital Improvement Progress Report 3
2. District Financial Reporting 4
3. Operations Reporting 4
III. PURPOSE OF THE PROPOSED DISTRICT 4
A. Facilities 4
B. Revenue Bond Financing 5
C. Identification of Customer Categories. 5
IV. PROPOSED DISTRICT BOUNDARIES, POPULATION AND VALUATION 5
V. INITIAL AND PHASED IMPROVEMENTS 6
VI. DESCRIPTION OF PROPOSED FACILITIES 7
A. Types of Improvements 7
1. Water System 8
2. Sanitation 9
3. Street Improvements 10
4. Mosquito Control 10
5. Other Powers 11
B. Standards of Construction/Statement of Compatibility 11
C. Ownership of Improvements 12
VII. FINANCIAL PLAN/PROPOSED INDEBTEDNESS 12
A. General 13
B. Revenue Bond Issuance 13
C. Services of the District 14
VIII. ANNUAL REPORT 15
IX. RESOLUTION OF APPROVAL 15
X. INTERGOVERNMENTAL AND OTHER AGREEMENTS 15
XI. CONCLUSION 16
100002675.DOC v:4} i
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
(00002675.DOC v:4} 11
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,
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 AN ADVISORY BOARD
The District shall establish an Advisory Board.
A. Purpose of the Advisory Board
The Advisory Board shall act as a policy advisory body for water and sanitation
issues in Southern Weld County and it shall be responsible for making recommendations to the
Weld County Board of County Commissioners ("County Commissioners") and the Weld County
Planning Commission if requested, as well as, the District and any other entity as determined to
be appropriate by the Advisory Board, regarding the following matters: (a) planning for
sanitation treatment facilities with appropriate agencies; (b) planning for potable and non-potable
water with appropriate agencies; (c) undertake studies regarding water storage and water
recharge possibilities; (d) recommendations regarding the extension and/or expansion of water
and wastewater treatment service to underserved areas; (e) recommendations regarding water
quality management activities; and (f) planning for water and sanitation service to cities, towns
and areas designated for development that facilitates or implements joint planning wherever
possible.
B. Members of the Advisory Board
— The Advisory Board shall be comprised of seven (7) members as follows: (a)
three (3) member seats shall be filled by members of or appointed by the Board of Directors of
the District; and (b) four (4) member seats may be filled or appointed by the Weld County
Commissioners in their discretion. If the Weld County Commissioners choose to make such
(00002675.DOC v 4} 2
appointments, the persons eligible for appointment shall include the Weld County
Commissioners or their designees, members of the Lost Creek Ground Water Management
District, and members of the board of directors of Service Providers (defined below). If the
Weld County Commissioners determine to not fill or appoint any of their member seats, such
member seats shall be filled by members of the Lost Creek Ground Water Management District
or members of the board of directors of Service Providers as appointed by the District. In the
same manner as used in designating members of the Advisory Board, the County and the District
may designate alternative members of the Advisory Board who may attend and vote at meetings
of the Advisory Board when one or more of their designated members are unable to attend. All
other provisions relating to the appointment or replacement of Advisory Board members shall be
set forth in the By-laws of the Advisory Board.
C. Reporting Requirements
The District and any Service Providers that may in the future become participants
in the Advisory Board shall, on an annual basis, provide the following to the Advisory Board:
1. Capital Improvement Progress Report.
(a) 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;
(b) 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
(c) Summary of infrastructure phasing and schedules of improvements
described in Three Year CIP Plan.
{00002675.DOC v:4) 3
2. District Financial Reporting.
- (a) Annual budget for year of report;
(b) Annual audit of Financial Statements for the fiscal year ending
December 31 of the year prior to the year of the report; and
(c) Summary of total debt outstanding and remaining amounts of
authorized but unissued debt authorization.
3. Operations Reporting.
(a) Current Rules and Regulations;
(b) Changes to District's taxing boundary or Service Area boundary,
as such term is defined in District's Service Plan;
(c) Copies of executed intergovernmental agreements;
(d) Names and terms of Board members and contact information;
(e) Schedule and locations of regular board meetings; and
(f) Summary of any outstanding litigation.
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,
prosperity, security and general welfare of its inhabitants and the inhabitants of the State of
Colorado.
{00002675.DOC v:4) 4
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
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
"Property"). A legal description, boundary map and vicinity map are attached hereto as Exhibit
{00002675.DOC v:4) 5
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-1 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:4) 6
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
{00002675.DOC v:4} 7
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§32-1-1003, §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:4) 8
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:4} 9
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:4) 10
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 4 11
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:4{ 12
A. General.
The provision of the Improvements and services by the District will bp 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:4) 13
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:4} 14
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;
(f) 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
No intergovernmental agreements are proposed at this time. However, the District
anticipates that it will enter into various intergovernmental agreements and other agreements to
(00002675.DOC v;4} 15
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-1 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 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
}00002675.DOC v:4} 16
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;
(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.
(00002675.DOC v:4) 17
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:4} 18
EXHIBIT A
LEGAL DESCRIPTION, BOUNDARY MAP AND VICINITY MAP
-
... {00002675.DOC v:4}
J•R ENGINEERING
— A Subsidiary al W.mbn
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;
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;
6/15/2004 JR Engineering,LLC Page 1 of 2
M:\DEVELOP\Prospect Valley\Resource Colorado PARCEL L-2 LEGAL 6-15-04 WITH OIL-GAS PARAGRAPH.doc
J•R ENGINEERING
A Subsidiary oil/lesbian
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.
THE ABOVE AND FOREGOING DESCRIBES A SURFACE ESTATE ONLY. EXPRESSLY EXCLUDED
FROM THIS LEGAL DESCRIPTION ARE ANY ESTATES BELOW THE SURFACE INCLUDING OIL, GAS
AND OTHER MINERALS(INCLUDING SAND AND GRAVEL)AND ANY RELATED RIGHTS OF SURFACE
USE.
6/15/2004 JR Engineering.LLC Page 2 of 2
M:DEVELOP\Prospect Valley Resource ColoradoWARCEL L-2 LEGAL 6-15-04 WITH OIL-GAS PARAGRAPH.doc
N89'02'49"E N 1/4 COR., SECTION 34
265.44 FND. 2-3/8" 0.D. PIPE W/
500'03'13"E 3-1/4" ALUM. CAP STAMPED
POINT OF COMMENCEMENT 30.00' "CHARLES B. JONES LS 22098"
NW COR., SECTION 34 °, WELD CO. ROAD 4
- FND. 2-1/2" ALUM. CAP O
STAMPED "INTERMILL LS 12374" I N89'02'49"E 2639.78'
+ — — _
NORTH LINE, NW 1/4 SECTION 34
- J L3— rt N89'02'49"E 1223.21'
LOT A o
RECORDED EXEMPTION NO. -J
1477-34-2-RE2066 LOT B RECORDED
- REC. NO. 2574979 POINT OF EXEMPTION NO.
I= BEGINNING 1477-34-2-RE2066
REC. NO. 2574979
I a
LOT C "7
- ,n1 RECORDED EXEMPTION NO. z
z 1477-34-2-RE2066 NN o a
m O REC. NO. 2574979 d 0
N �co� n m w o
N 6,739,733 S.F. N in L
- o z 2 N co 154.723 AC. N
trN 1 °' w
Cc o <3� I N NW 1/4, SECTION 34 - w
3
C ou_'• T.1N., R.63W. 6TH P.M. IN z
O
3 N
U O d� �
O O cn03z LINE TABLE a z o
e o . LINE BEARING LENGTH cn
- a m0z? o L1 N89'02'49"E 715.92 v~
,v 0 I z L2 500'57'11"E 70.00 w
ry 3 I L3 N89'02'49"E 435.60
- a L4 NO0'57'11"W 70.00
0
0
60'— L5 N89'38'58"E 230.64
3O' _ L6 NOO'03'13"W 433.92
389'06'10"W 2616.31'
a SOUTH LINE, NW 1/4, SECTION 34
W 1/4 COR., SECTION 34 589'06'10"W 2646.31'
q FND. 2-1/2" ALUM. CAP
ci STAMPED "INTERMILL LS 12374"
C 1/4 COR., SECTION 34
of SET NO. 6 REBAR W/
- �, 3-1/4" ALUM. CAP
g STAMPED "JR ENG LS 30109"
0
0
0
amx t
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EXHIBIT DIRECTORS PARCEL
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3 N MARCH 19, 2004
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EXHIBIT B-1
SERVICE AREA AND ANTICIPATED INITIAL PIPELINE LOCATION
-
(00002675.OOC v:4}
PRELIMINARY PIPELINE ROUTING PLAN
RESOURCE COLORADO WATER AND SANITATION METROPOLITAN DISTRICT
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LEGEND
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PREUMINARY PIPELINE ROUTING PLAN
RESOURCE COLORADO WATER AND SANITATION METROPOLITAN DISTRICT
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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:4)
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:4}
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 CoLo. 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.
(00002675.DOC v:4)
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,
Vice 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(Mkpsp.com*tbishooekpsp.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
[00002675.DOC v:4[
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:4)
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