HomeMy WebLinkAbout20042479 McGEADY SISNEROS, R C. f
ATTORNEYS AT LAW
1675 BROADWAY, SUITE 2100
DENVER,COLORADO 80202
TELEPHONE:13031 592-9380
FACSIMILE113031592-9385
MARYANN M.McGEADY SPECIAL COUNSEL
DARLENE SISNEROS
MARY JO DOUGHERTY KENNETH M.KOPROWICZ
MEGAN BECHER
VALERIE 0.BROMLEY
KATHRYN S.KANDA
JACQUELINE C.MURPHY
GEORGE M.ROWLEY
August 6, 2004
VIA FACSIMILE AND U.S. MAIL
Bruce Barker
Weld County
P.O. Box 758
Greeley, CO 80632
Re: Resource Colorado Water and Sanitation Metropolitan District
Dear Mr. Barker:
Pursuant to the conditional recommendation of approval of the proposed Resource
Colorado Water and Sanitation Metropolitan District ("District") Service Plan by the Weld
County Planning Commission and based upon our previous discussions regarding this matter, the
applicant proposes the following revisions to the District's Service Plan:
1. A new Section X which shall contain the following language:
a. Any of the following actions by the District shall constitute a
material modification of the Service Plan requiring approval of a Service
Plan Amendment by the County pursuant to a public hearing thereon: (a)
expansion of District Boundaries; (b)provision of water and/or sewer
service directly to Customers; (c) issuance of any bonds prior to a rate
study("Rate Study") being prepared and provided to the County pursuant
to the procedure set forth below; (d) issuance of any bonds prior to the
District submitting to the County, pursuant to the procedures set forth
below, any intergovernmental agreements between the District and
Service Providers, which have not previously been reviewed by the
County, which shall include provisions therein for lines of succession for
operation and maintenance of the infrastructure system ("IGA"); (e)
issuance of general obligation bonds or the imposition or collection of ad
valorem property taxes by the District; and (f) failure of the District to
establish an Advisory Board within 60 days of the District's organizational
meeting.
b. The District shall comply with the following procedure when
submitting a Rate Study or IGA to the County:
EXHIBIT
{00023493.DOC va}
2004-2479 `ei e.
Bruce Barker
August 6, 2004
Page 2
(1) The District shall publish a notice of its intent to issue
bonds in relation to the Rate Study or IGA, pursuant to and in compliance
with the provisions set forth in 32-1-207(3)(b) C.R.S..
(2) The Rate Study or IGA will be provided to the County.
The County shall have ten (10) days from receipt of the Rate Study or IGA
in which to notify the District of its intent to have the Rate Study or IGA
reviewed by an independent third party to be selected by the County.
Such notification shall be in writing and shall include the following
information ("Information"): (a) a proposal from such independent third
party; and (b) an estimate of the cost for such review ("Costs").
(3) Within three (3) days of receipt of the Information, the
District shall provide funds to the County in an amount equal to the Costs
("Funds").
(4) The County shall have 32 days from receipt of the Funds in
which to obtain an opinion from such independent third party and object,
in writing, to the Rate Study or IGA. If the County fails to object in
writing within such 32-day period, the County's right to object to the Rate
Study or IGA shall terminate.
(5) If the County objects to the Rate Study or IGA, the District
may revise the Rate Study and IGA and resubmit the revised Rate Study
or IGA to the County for review subject to the procedure set forth above.
2. The following sentence shall be added to the end of Section VIII:.
The information set forth in this Section VIII shall be kept at the office of
the District Manager, or such other location as the District may designate,
and shall be available for review at such location during regular business
hours and pursuant to any rules and regulations adopted by the District.
3. The following sentence shall be added to the end of Subsection II.C:
The information set forth in this Section II.C shall be kept at the office of
the District Manager, or such other location as the District may designate,
and shall be available for review at such location during regular business
hours and pursuant to any rules and regulations adopted by the District.
{00023493.DOC v }
Bruce Barker
August 6, 2004
Page 3
Please feel free to call me with any questions.
Very truly yours,
MCGEADY SISNERO
VIIC(LAC
Valerie D. Bromley
c: Kim Ogle Jack Reutzel
Haney Deutsch Chris Paulson
Joel Farkas Shayne Madsen
Steven Deutsch Tom Bishop
Eric Chekal Sam Sharp
{00023493.DOC v.1}
SERVICE PLAN
FOR
RESOURCE COLORADO
WATER & SANITATION
METROPOLITAN DISTRICT
(WELD COUNTY, COLORADO)
Resubmitted: August 12, 2004
Prepared by: McGEADY SISNEROS, P.C.
1675 BROADWAY, SUITE 2100
DENVER, COLORADO 80202
(303) 592-4380
EXHIBrr
{00002675.DOC v:5 j 1 F
a
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 6
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 11
_ 5. Other Powers 11
B. Standards of Construction/Statement of Compatibility 12
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 16
X. MATERIAL MODIFICATION 16
XI. INTERGOVERNMENTAL AND OTHER AGREEMENTS 18
{00002675.DOC v:5}
XII. CONCLUSION 18
{00002675.DOC v:5} Il
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:5) 111
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:5)
r 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:5} 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:5) 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.
The information set forth in this Section II.C shall be kept at the office of the
District Manager, or such other location as the District may designate, and shall be available for
review at such location during regular business hours and pursuant to any rules and regulations
adopted by the District.
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
{00002675.DOC v:5} 4
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.
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.
(00002675.DOC v:5} 5
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
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
{00002675.DOC v:5} 6
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.
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
{00002675.DOC v:5} 7
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
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
(00002675.DOC v:5) 8
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
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,
(00002675.OOC v:5f 9
_ 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
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.
(00002675.DOC v:5) 10
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
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.
{00002675.DOC v:5} 11
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
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
(00002675.DOC v:5) 12
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.
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
{00002675.DOC v:5) 13
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
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.
{00002675.DOC v:5} 14
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
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.
The information set forth in this Section VIII shall be kept at the office of the District
Manager, or such other location as the District may designate, and shall be available for review
at such location during regular business hours and pursuant to any rules and regulations adopted
by the District.
(00002675.DOC v:5} 15
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. MATERIAL MODIFICATION
_ Any of the following actions by the District shall constitute a material modification of the
Service Plan requiring approval of a Service Plan Amendment by the County pursuant to a
public hearing thereon: (a) expansion of District Boundaries; (b)provision of water and/or sewer
service directly to Customers; (c) issuance of any bonds prior to a rate study ("Rate Study")
being prepared and provided to the County pursuant to the procedure set forth below; (d)
issuance of any bonds prior to the District submitting to the County, pursuant to the procedures
set forth below, any intergovernmental agreements between the District and Service Providers,
which have not previously been reviewed by the County, which shall include provisions therein
for lines of succession for operation and maintenance of the infrastructure system ("IGA"); (e)
issuance of general obligation bonds or the imposition or collection of ad valorem property taxes
by the District; and (f) failure of the District to establish an Advisory Board within 60 days of the
District's organizational meeting.
The District shall comply with the following procedure when submitting a Rate Study or
IGA to the County:
(1) The District shall publish a notice of its intent to issue
bonds in relation to the Rate Study or IGA, pursuant to and in compliance
with the provisions set forth in 32-1-207(3)(b) C.R.S..
{00002675.DOC v:5} 16
(2) The Rate Study or IGA will be provided to the County.
The County shall have ten (10) days from receipt of the Rate Study or IGA
in which to notify the District of its intent to have the Rate Study or IGA
reviewed by an independent third party to be selected by the County.
_ Such notification shall be in writing and shall include the following
information ("Information"): (a) a proposal from such independent third
party; and (b) an estimate of the cost for such review ("Costs").
(3) Within three (3) days of receipt of the Information, the
District shall provide funds to the County in an amount equal to the Costs
("Funds").
(4) The County shall have 32 days from receipt of the Funds in
which to obtain an opinion from such independent third party and object,
in writing, to the Rate Study or IGA. If the County fails to object in
writing within such 32-day period, the County's right to object to the Rate
Study or IGA shall terminate.
(5) If the County objects to the Rate Study or IGA, the
District may revise the Rate Study and IGA and resubmit the
revised Rate Study or IGA to the County for review subject to the
procedure set forth above.
(00002675.DOC v:5} 17
XI. 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
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.
XII. 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
{00002675.DOC v:5) 18
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;
(1) 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.;
(00002675.DOC v:5) 19
(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:5} 20
- EXHIBIT A
LEGAL DESCRIPTION,BOUNDARY MAP AND VICINITY MAP
- {00002675.DOC v:5}
J-R ENGINEERING
A Subsidiary of Warman
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:\DEVELOP1Prospect Valley\Resource Colorado\PARCEL L-2 LEGAL 6-15-04 WITH OIL-GAS PARAGRAPH.doc
JR ENGINEERING
ASubidwry of Weseian
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:IDEVELOP\Prospect Valley1Resource Colorado\PARCEL 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" O.D. PIPE W/
— S00'03'13"E 3-1/4" ALUM. CAP STAMPED
POINT OF COMMENCEMENT 30.00' "CHARLES B. JONES LS 22098"
NW COR., SECTION 34 m WELD CO. ROAD 4
FND. 2-1/2" ALUM. CAP p
STAMPED "INTERMILL LS 12374" N89'02'49"E 2639.78' — —_NORTH LINE, NW 1/4, SECTION 34 _
F.:71 NJ L3 ! ' N89'02'49"E 1223.21'
LOT A—
wp
RECORDED EXEMPTION NO.
1477-34-2-RE2066 LOT B RECORDED
REC. NO. 2574979 POINT OF EXEMPTION NO.
I T BEGINNING 1477-34-2-RE2066
REC. NO. 2574979
LOT C n
M RECORDED EXEMPTION NO. a z
z 1477-34-2-RE2066 N o -
r o REC. NO. 2574979 r3 v
N LA O
0000 N 6,739,733 S.F. N N
p z 0 LIJ m154.723 AC. CO
Q Fr N I en `� N
o w
cc < i.74
NW 1/4, SECTION 34 - w
C O3O 7
3 T.1N., R.63W. 6TH P.M. z
3 • N
"' o (ooz LINE TABLE N `s o
WW <0z EelLINE BEARING LENGTH Jon
CO
z o L1 N89'02'49"E 715.92 c~
ii
'- WI z L2 S00.57'11"E 70.00 w
3 I L3 N89'02'49"E 435.60
L L4 NO0'57'11"W 70.00
60'--- L5 N59'38'58"E 230.64
30' -- f L6 N00.03'13"W 433.92
I S89.06'10"W 2616.31'
SOUTH LINE, NW 1/4, SECTION 34
W 1/4 COR., SECTION 34 S89'06'10"W 2646.31'
L.. FND. 2-1/2" ALUM. CAP
L STAMPED "INTERMILL LS 12374"
C 1/4 COR., SECTION 34
SET NO. 6 REBAR W/
Jii 0 3-1/4" ALUM. CAP
STAMPED "JR ENG LS 30109"
c
Ab
u.• EXHIBIT DIRECTORS PARCEL
LOT C
JOB NO. 15006.00
% MARCH 19, 2004
SHEET 03 OF 03
L
600 300 0 600 R ENGINEERING
SCALE: 1" = 600' Subsidiary of Wallin
- 6021�wooa Rata and•Erctjewooa CO 90m
303-140-9093-Fax 303-72190E•vmwJergneeigrnn
Jill/ --------af-f
• ` S
J / 830.1 J \ 1 ., f ��
`� ce! ,L N .�` I\ / �' .\ r..`- I \\ / ¢J �o
Lr , s ��r— �• ) Ii/ DTI
I
l \ 'm ', o u C" o / \ 26
� �'q _ O qqR
i \) i j, r'911 f+ /2
V \ J —.�� _ 1'--
w J _
QF ;' ._/--.WELD CO. OAD 4 '
\ - - - -n I es! _ by 49 <93a
a x9PECTA \` `_� ✓
li
2`' \ ) LOT C if his I` 1�
I(a ---\„_ o Cv-1, } `KIti O
\Io o „ ) 3 f�
3 0 cD
j\-� o / . +953
r X33-N O 3
o'
, .---\ c.„, . ( xi N-, 5)) -N___,-,.:—_:7
E / -J BA a9a7 �, 497 �.LINE _ , _`__L�• \•-1
4 �. r E. 168 AVEJUE 9 2
2�
f
1 v
(AI
i
v
1 r i \s. / / ACc
te— , 4 7 :
°° ^sao A / too �\ ) ()\r,;)
i
�590° 77/c\-- >>f<< �S
o / ~�✓�\ `..\450NEDl� �� ^, n x'111 ^`-J
c
v
2
c
Ai VICINITY MAP
LOT C
to JOB N0.15006.00
MARCH 19, 2004
% SHEET 01 OF 01
0
L 2000 1000 0 2000 illENGINEERING
AWutrWl Company
N SCALE: 1" = 2000' 6020 Gearwaod R9za Blvd•Endenood CA 80111
303-740-9393•Fax 303-721-905•wwxYg9neernacon
-
EXHIBIT B-1
SERVICE AREA AND ANTICIPATED INITIAL PIPELINE LOCATION
(00002675.DOC v:5}
PRELIMINARY PIPELINE ROUTING PLAN
RESOURCE COLORADO WATER AND SANITATION METROPOLITAN DISTRICT
•
l'
i
I LEGEND
` WELD
�/ r,a, .�p-1 WATER SUPPLY PROPERTIES
- _ COUNTY/ - - I PARCEL BOUNDARY
a a' o i` .t 2 04 1 s., I E-470(APPROXIMATE)
a i
✓1� a r _ - --1 nz` •Lz . M • WELL LOCATION AND
HOMESTEAD I I• •'� • DESIGNATION
\- 1 - FARMS /�. I I I I ALTERNATE DISTRIBUTION
E
_ _ f QTBINATE : .%, _ — _ _ _ g .� �. moo- 8 — — — cnoN
R° r
Wanner 1.--PUMP STATION ,` 3 � N ���. Zj — — — PIPELINE ROUTE
5 - '. .. n a dean7/!u.i eaxcgE al , /_ $ sS. $ "4" — $r L —. —an �. — — �}"°.1�'"L°. .. — •.e. - �L - — s a5 »f:l
P7 LALTERNATE COLLE
m fC tivw�= t •E: < B0�Mt£YSMhi . . do✓/NEY I:.NE. ( �„ 1?3;
•� a 8 15, Sr -m J5:64w n ,� �'19L L rJ- TREATMENT IS.1•
H- •
rte. S 8 lAl• w 3 .a-2 4.a I - '� I ms's STATION I �ao,aoo BA PLANT
47 M
9p _ E"'° F �\ sTxTrON `�,MAP " .,, I ADAMS
/
„� ♦ 4 _'FY>° i vj 126*AVE. ..4..p, .I I .3, : ..i COUNTY
j st� i g
lam rsVZV Cr - _ r .; L t..
v :
v f` PEAKS at smut AVE .. . ...E i i 0'
• - HJORTii 'M eY ° r• - I — _I
'1T, ''Z �. M� rVII1.10E - -
m z
FO$TON I I
d l_. __ . .. A �VIUACE 104TH AWE r JPRONT .
E .' /- �♦ .. 1 �A J I SCOW 3000' D tDOD' 11000'
- ,
a 3 - SOME: 1' . 11000'
Fan �F - PRELIM, PIPELINE ROUTING PLAN
lVPHASE I
T�TEONAL JOB Na
OO44921,00
G 74
E aka 2/2/2004, REVISED 3/18/2004
s ;
71
J R ENGINEERING
8 r tf AtE = AEH6Yary MTarYY1
- - 8098 Ga rrxd Pun Sed•Enpicol CO Oa
x 303-741-9fB3-Fa E-?3 6•--.j- ierem^
-
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:5)
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:5}
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:51
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,
ice Pr
hsienit
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(dlkpsp.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:5}
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:5)
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS AUGUST 15, 2004 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS
POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF
COMMISSIONERS HEARING FOR A DISTRICT SERVICE PLAN, RESOURCE COLORADO
WATER AND SANITATION METROPOLITAN DISTRICT IN THE AGRICULTURAL ZONE
DISTRICT.
KIM OGLE
Name of Person Posting Sign
S
Signature o e •n Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this , Y4 day of r , 2004.
WITNESS my hand and official seal.
49 ,
Notary Public
My Commission Expires: ' '{✓
EXHIBIT
rte.
lx T w.t
iI x � syceNcummg
�a Y�CM' s Y.
" iptijit bra SEE®pi:
., ssa ver.roeews i ,,. ,.*
NRxwunS3 CAtt ,1.
'IF- d " • NEEf SEMNTNE OE
� 7 C' :1U NC SERVICES AT :p
wx .:: 116 sit.3540 71.447
0
TO: Kim Ogle, Department of Planning Services
FROM: Bruce T. Barker, Weld County Attorney
DATE: April 23, 2004
RE: Service Plan for Proposed Resource Colorado Water and
COLORADO Sanitation Metropolitan District
The petitioners and proponents of the proposed Resource Colorado Water and Sanitation
Metropolitan District submitted a proposed Service Plan to the Clerk to the Board of County
Commissioners and to the Weld County Clerk and Recorder on April 12, 2004. By Resolution of
that date, the Board of County Commissioners accepted the filing and referred the Service Plan to
the Weld County Planning Commission for its study and recommendation. The matter is set for
hearing before the Planning Commission on May 4, 2004. A copy of the Board's Resolution is
attached.
A metropolitan district is a special district which is required by C.R.S. § 32-1-1004(2)to provide
two or more of the following services:
a. Fire protection.
b. Elimination and control of mosquitos,
c. Parks or recreational facilities or programs.
d. Safety protection through traffic and safety controls and devices on streets and
highways and at railroad crossings.
e. Sanitation services.
f. Street improvement through the construction and installation of curbs, gutters,
culverts, and other drainage facilities and sidewalks, bridges, parking facilities,
paving, lighting, grading, landscaping, and other street improvements.
g. Establishment and maintenance of television relay and translator facilities.
h. Transportation.
i. Water and sanitation services.
j. Water.
EMMY
3 ►
Memorandum,Kim Ogle
April 23, 2004
Page 2
k. Solid waste disposal facilities or collection and transportation of solid waste.
C.R.S. § 32-1-203 requires the Board of County Commissioners to review a service plan for a
proposed special district. Subsection (1) of that statute says that the Board has the authority:
a. To approve without condition or modification the service plan as submitted.
b. To disapprove the service plan submitted.
c. To conditionally approve the service plan subject to the submission of additional
information relating to or the modification of the proposed service plan.
The Board will be looking for a Planning Commission recommendation of one of these three
alternatives, based upon the criteria set forth below.
C.R.S. § 32-1-203(2)requires the Board of County Commissioners to disapprove the service
plan, unless satisfactory evidence of each of the following is presented:
a. There is sufficient existing and projected need for organized service in the area to
be serviced by the proposed special district.
b. The existing service in the area to be served by the proposed special district is
inadequate for present and projected needs.
c. The proposed special district is capable of providing economical and sufficient
service to the area within its proposed boundaries.
d. The area to be included in the proposed special district has, or will have, the
financial ability to discharge the proposed indebtedness on a reasonable basis.
Pursuant to C.R.S. § 32-1-203(2.5), the Board of County Commissioners may disapprove the
service plan if satisfactory evidence of any of the following is not presented:
a. Adequate service is not, or will not be, available to the area through Weld County
or other existing municipal or quasi-municipal corporations, including existing
special districts,within a reasonable time and on a comparable basis.
b. The facility and service standards of the proposed special district are compatible
with the facility and service standards of Weld County.
Memorandum, Kim Ogle
April 23, 2004
Page 3
c. The proposal is in substantial compliance with a master plan adopted pursuant to
C.R.S. § 30-28-106.
d. The proposal is in compliance with any duly adopted county, regional, or state
long-range water quality management plan for the area.
e. The creation of the proposed special district will be in the best interests of the area
proposed to be served.
Please let me know if you should have any questions.
B e T. Barker 14.
l eld County Attorney
pc: Clerk to the Board
Hello