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Home My WebLink About941402.tiff _D C i. In 56 CONSOLIDATED SERVICE PLAN FOR POUDRE TECH METROPOLITAN DISTRICT WATER VALLEY METROPOLITAN DISTRICT NO. 1 AND WATER VALLEY METROPOLITAN DISTRICT NO. 2 August 19, 1994 i \(-1\ 941402 TABLE OF CONTENTS I. INTRODUCTION 1 A. General Overview 1 1 . Multiple District Structure 1 2 . Benefits of Multiple District Structure . . 2 3 . Configuration of Districts 3 4 . Long-Term District Plan 4 5 . Existing Services and Districts 4 6 . Property Owner Associations 5 B. General Financial Information and Assumptions . . 7 C. Contents of Service Plan 8 D. Modification of Service Plan 8 II . NEED FOR NEW DISTRICTS AND GENERAL POWERS 8 A. Need for Metropolitan Districts 8 1. Wastewater Service 8 2 . Water Service 9 B. General Powers of Each District 9 1. Water 9 2 . Streets 9 3 . Traffic and Safety Controls 9 4 . Fire Protection & Emergency Medical Services . 10 5 . Television Relay and Translator 10 6 . Transportation 10 7 . Parks and Recreation 10 8 . Sanitation 11 9 . Mosquito and Pest Control 11 10. Legal Powers 11 11. Other 11 III. DESCRIPTION OF FACILITIES AND IMPROVEMENTS 12 IV. PROPOSED AND EXISTING INTERGOVERNMENTAL AGREEMENTS . . 12 V. FINANCIAL PLAN SHOWING HOW FACILITIES MAY BE FINANCED 13 A. General 13 B. Combined Elections 15 VI. AMENDMENT TO SERVICE PLAN 16 VII. CONCLUSIONS 16 EXHIBIT A Legal Description of Proposed Districts EXHIBIT B Description of Facilities, Phasing and Cost Estimates EXHIBIT C Operations and Maintenance Cost Estimates . EXHIBIT D Financing Plan EXHIBIT E Contents of this Service Plan EXHIBIT F Facilities Layouts i Z . INTRODUCTION A. General Overview This consolidated service plan ( "Service Plan" ) for Poudre Tech Metropolitan District, Water Valley Metropolitan District No. 1 and Water Valley Metropolitan District No. 2 constitutes a combined Service Plan for three special districts proposed to be organized to serve the needs of a new community to be known as "Water Valley" in the Town of Windsor ( "Windsor" ) . Water Valley is located in the southeast quadrant of the intersection of 7th Street and Eastman Park Drive in Windsor. It consists of approximately 1300 acres divided into several development areas planned for development of residential and commercial areas . Construction is scheduled over the next several years . Considerable public infrastructure will be constructed to provide the required water, wastewater, streets and other improvements needed for the area. This Service Plan addresses the improvements which will be provided by the special districts and demonstrates how three special districts proposed to serve Water Valley will work in tandem to provide the necessary public improvements . 1. Multiple District Structure. This Service Plan is submitted in accordance with Part 2 of the Special District Act (SS 32-1-201, et leg. , C.R.S. ) . It defines the powers and authorities of, as well as the limitations and restrictions on, Poudre Tech Metropolitan District, Water Valley Metropolitan District No. 1 and Water Valley Metropolitan District No. 2. Poudre Tech Metropolitan District No. 1 shall hereinafter be referred to as "Service District, " and Water Valley Metropolitan District No. 1 and Water Valley Metropolitan District No. 2 shall hereinafter be jointly known as "Financing Districts . " Service District and Financing Districts are sometimes collectively referred to herein as "Districts" and individually as "District. " The use of a consolidated Service Plan for the Districts will help assure proper coordination of the powers and authorities of the independent Districts, and will help avoid confusion regarding the separate, but coordinated, purposes of Districts which could arise if separate service plans were used. Unless otherwise specifically noted herein, general provisions of this Service Plan apply to all three Districts. Where possible, however, specific reference is made to an individual District to help distinguish the powers and authorities of each District. The "Financing Plan" discussed in Section V refers to separate preliminary financial plans for each District which are intended to be read as separate parts of a unified Financing Plan which may be used for public improvements for Water Valley. 1 Service District will be responsible for managing the construction and operation of facilities and improvements needed for Water Valley. Financing Districts will be responsible for providing the funding and tax base needed to support the Financing Plan for capital improvements . Various agreements are expected to be executed by Districts clarifying the nature of the functions and services to be provided by each District. The agreements will be designed to help assure the orderly development of essential services and facilities resulting in a community which will be both an aesthetic and economic asset to Windsor. The establishment of Poudre Tech Metropolitan District as Service District which will own and operate the public facilities throughout Water Valley, and the establishment of Water Valley Metropolitan Districts Nos . 1 and 2 as Financing Districts which will generate the tax revenue sufficient to pay the costs of the capital improvements, will create several benefits for the inhabitants of the community and Windsor. In general, those benefits are: (a) coordinated administration of construction and operation of public improvements and delivery of those improvements in a timely manner; (b) maintenance of reasonably uniform mill levies and reasonable tax burdens on all residential and commercial areas of Water Valley through controlled management of the financing and operation of public improvements; and (c) assured compliance with state laws regarding taxation in a manner which permits the issuance bonds at the most favorable interest rates possible. Each of these concepts is addressed in greater detail in the following paragraphs. 2 . Benefits of Multiple District Structure. a. Coordinated Services . As presently planned, development of Water Valley will proceed in several phases, each of which will require the extension of public services and facilities. The multiple district structure will assure that the construction and operation of each phase of public facilities will be primarily administered by a single board of directors consistent with a long term construction and operations program. Use of Service District as the entity responsible for construction of each phase of improvements and for management of operations will facilitate a well-planned financing effort through all phases of construction and will assist in assuring coordinated extension of services. The multiple district structure will also help assure that facilities and services needed for future build-out of Water Valley will be provided when they are needed, and not sooner. Absent an appropriate mechanism to assure timely completion of future improvements, the developer might be influenced to cause improvements to be completed well before they are needed simply to assure that they can be provided with tax exempt financing. Appropriate development agreements between Service District and the 2 developer will allow the postponement of financing for improvements which are not needed until well into the future thereby helping residents avoid the long term carrying costs associated with financing improvements too early. This, in turn, allows the full costs of public improvements to be allocated over the full build- out of Water Valley and helps avoid disproportionate cost burdens on the early phases of development. b. Uniform Mill Levy. Allocation of the responsibility for payment of debt will be managed through development of a unified financing plan for capital improvements and through development of an integrated operations plan for long term operations and maintenance. Use of Service District to manage these functions will help assure that no area within Water Valley becomes obligated for more than its share of costs of facilities and operations . Low density areas will not bear a disproportionate burden of debt and operating costs, nor will high valued areas bear disproportionate burdens . Intergovernmental Agreements (IGAs) between Districts will assure that mill levies remain reasonably uniform throughout Water Valley. c . Bond Interest Rates . Colorado law may require that before Financing Districts may raise mill levies or increase other revenues to pay debt service on bonds, they must fully exhaust their operating revenue. This has the potential result of rendering a district operationally bankrupt before it can raise mill levies for payment of debt service. This requirement, if ultimately upheld by the Colorado courts, adversely affects the ability of a district to issue bonds at attractive rates since the bond markets may dictate unreasonably high interest rates in a single district structure to compensate for this risk. Separation of the financing and service functions of Districts into three districts will help eliminate this problem. Consequently, the multiple district structure is less risky and will allow bonds to be issued to finance public improvements at lower rates than if a single special district is organized. 3 . Configuration of Districts . In order to implement the multiple district structure, the boundaries of Service District and Financing Districts need to be carefully configured. A map showing the boundaries of Districts is provided in Figure 1 on page 6 . Service District will contain approximately 20 acres and Financing Districts Nos . 1 and 2 will contain approximately 700 and 500 acres respectively. A legal description of the property within the boundaries of the Districts is attached as Exhibit A. The combined acreage of the Districts covers all acreage within Water Valley. The "service area" (the area legally permitted to be served) by Service District will consist of the entire Water Valley community, including the property within Financing Districts' boundaries . Service District will have power to impose taxes only within its legal boundaries , but will be 3 permitted to provide public services to the entire community as well as to property or individuals outside of Water Valley. Financing Districts will have power to assess taxes and other charges permitted by law. It is currently anticipated that no residential units will be located within Service District, and that at build-out Service District will include little or no developed property but will remain as open space for use of the entire community, or will contain commercial areas . Financing Districts will contain all residential properties within Water Valley, expected to consist of approximately 1625 units. The projected population of Water Valley at full build-out is 4 ,800 persons, and the projected total valuation is approximately $300 ,000,000 . Under Colorado law, the fee owner or owners of one hundred percent of any property proposed for inclusion may petition the boards of directors of Districts for inclusion, or annexation, of property into Districts . Additionally, less than one hundred percent of the owners of an area may petition Districts for inclusion, or the boards may adopt a resolution calling for an election on inclusion of the property. It is possible that additional property may be included in Districts . The Boards of Directors will have discretion to permit inclusions without amending this Service Plan. 4 . Long-Term District Plan. After all bonds have been issued by Districts and adequate provision has been made for payment of all debt of Service District and Financing Districts, the electorate of Districts will have the opportunity to consider either the consolidation of Service District and Financing Districts into a single entity, or the dissolution of Service District and/or Financing Districts in accordance with state law. Service District and Financing Districts will consider consolidation and/or dissolution at the time each District's debt has been paid and adequate provision has been made for operation of all Service District facilities. Ultimately, control of these decisions will rest with the electorate in each District. 5 . Existing Services and Districts . There are currently no other entities in existence in the Water Valley area which have the ability and/or desire to undertake the design, financing and construction of improvements needed for the community. It is also the developer's understanding that Windsor does not consider it feasible or practicable for Windsor to provide the necessary services and facilities for Water Valley. Consequently, formation of the new Districts is deemed necessary for the provision of public improvements in Water Valley. In order to minimize the proliferation of new governmental structures and personnel, Service District intends to utilize existing entities as much as possible for operations and 4 maintenance of public improvements . Operations and maintenance of water and sewer improvements will be the responsibility of Windsor after completed water and sewer improvements are conveyed to the Town by Service District. The timing for conveyance of improvements to Windsor will be developed by mutual agreement between Service District and Windsor. It is possible that other key operations and maintenance services may be provided by other entities by appropriate agreements with Service District. Consequently, while Service District and Financing Districts will exist to finance capital improvements and coordinate the provision of services, they are expected to utilize existing entities and personnel as much as possible. 6 . Property Owner Associations . Certain services will be provided within Water Valley by property owner associations expected to be organized as Colorado non-profit, private membership organizations comprised of all property owners in Water Valley. The associations are expected to provide architectural control services, community organizations, community events and activities, community marketing, animal control, security, common area maintenance, and other programs which may be beyond the scope of Districts. 5 POUDRE TECH STAW/ o, A/E7ROPoLJTAN DISTRICT J EA t WA ALLEY L/T D/S7R M2 el—\4 h Ci \ � O � \ O D V 'i O • o WA POLlTAN D /CT NO. 2 FIGURE 1 MAP OF DISTRICTS TST, INC.Consulting Engineers PAGE#6 B. General Financial Information and Assumptions Districts may obtain financing for the capital improvements needed for Water Valley through the issuance of general obligation bonds by Financing Districts and from revenue bonds issued by Service District. General obligation bonds will be payable from revenues derived from ad valorem property taxes and from other sources . It is currently anticipated that significant credit enhancement and security for bonds issued by Service District will be provided by the developer. Financing Districts will issue general obligation bonds after determination that the assessed valuation is sufficient to pay debt service with reasonable mill levies , thereby reducing risk to property owners . The preliminary financial forecasts for Districts are contained in Exhibit D to this Service Plan. These "Financing Plans " demonstrate one method which might be used by Districts to finance the cost of infrastructure. At the time bonds are proposed to be issued, alternative financing plans may be employed and be utilized by Districts . Due to the credit enhancement and other support expected to be received from the developer, the Financing Plans demonstrate that the cost of infrastructure described herein can be provided with reasonable mill levies . The figures contained herein depicting costs of infrastructure and operations will not constitute legal limits on the financial powers of Districts; provided, however, that Districts shall not be permitted to issue bonds which are not in compliance with the bond registration and issuance requirements of Colorado law. The bond structure contemplated in the preliminary Financing Plans demonstrates that the risks associated with development of Water Valley will be borne initially by the developer of the project. Due to the nature of liabilities associated with issuance of revenue bonds, the entire risk of development will rest with the developers until such time as Financing Districts have the ability to issue general obligation bonds . At such time as general obligation bonds are issued, the responsibility for payment of the costs of infrastructure needed for Water Valley will be shifted, incrementally, to Financing Districts. General obligation bonds issued by Financing Districts will limit the responsibility for repayment of such bonds to Financing Districts. In this manner, Windsor can be assured that the risks of development and the responsibility for repayment of bonds issued for Water Valley will be borne solely by the residents and property owners of Water Valley, and will not become the responsibility, in any degree, of Windsor. Additionally, Windsor can be assured that mill levies paid by Water Valley residents cannot exceed acceptable levels. The assumptions contained within this Service Plan were derived from a variety of sources . Information regarding the present status of property within Districts, as well as the current 7 status and projected future level of similar services , was obtained from the developer. Construction cost estimates were assembled by Taranto, Stanton and Tagge, Consulting Engineers which has experience in the costing and construction of similar facilities . Legal advice in the preparation of this Service Plan was provided by the law firm of Ankele, Icenogle, Norton & White, P.C. , developer's counsel, which represents numerous special districts in the State. C. Contents of Service Plan This Service Plan consists of a preliminary financial analysis and preliminary engineering plan showing how the facilities and services for Water Valley can be provided and financed by the Districts . Numerous items are included in this Service Plan in order to satisfy the requirements of law for formation of special districts . Those items are listed in Exhibit E attached hereto. Each of the requirements of law are satisfied by this Service Plan. D. Modification of Service Plan This Service Plan has been designed with sufficient flexibility to enable Districts to provide required services and facilities for Water Valley under evolving circumstances without the need for numerous amendments . While the assumptions upon which this Service Plan are generally based and are reflective of current zoning for the property within Water Valley, the cost estimates and Financing Plans are sufficiently flexible to enable Districts to provide necessary services and facilities without the need to amend this Service Plan. Modification of the general types of services and facilities , and changes in proposed configurations, locations, or dimensions of various facilities and improvements shall be permitted to accommodate development needs consistent with then- current zoning for the property. II. NEED FOR NEW DISTRICTS AND GENERAL POWERS A. Need for Metropolitan Districts 1. Wastewater Service. The property in Water Valley is currently undeveloped, with the exception of gravel mining operations currently being conducted on some of the property. The developer has consulted with neighboring and overlapping service jurisdictions to determine the nature and level of services which might be provided by those entities . After Water Valley's wastewater facilities have been constructed by Service District, the facilities will be deeded to Windsor which is expected to accept such facilities for operation and maintenance in accordance with existing policies and procedures. 8 2 . Water Service. After Water Valley's water facilities have been constructed by Service District, the facilities will be deeded to Windsor which is expected to accept such facilities for operation and maintenance in accordance with Windsor's existing policies and procedures . B. General Powers of Each District Each District will have power and authority to provide the services and facilities described in this section within and outside their boundaries in accordance with law; however, the powers and authorities of each District will be allocated and further refined in IGAs between Districts which may be voted upon and approved by their respective electorates . For purposes of the Control Act, the IGAs shall not constitute an amendment of this Service Plan. They will, however, constitute binding agreements between Districts regarding implementation of the powers contained in this consolidated Service Plan. Each District shall have authority to provide the following services and facilities: 1. Water. The design, acquisition, installation, construction, operation, and maintenance of a complete water and irrigation water system, including but not limited to, water rights, water supply, treatment, storage, transmission and distribution systems for domestic and other public or private purposes, together with all necessary and proper reservoirs, treatment works and facilities, wells , water rights, equipment and appurtenances incident thereto which may include, but shall not be limited to, transmission lines, distribution mains and laterals, storage facilities, land and easements, together with extensions of and improvements to said systems . 2. Streets . The design, acquisition, installation, construction, operation, and maintenance of street and roadway improvements, including but not limited to curbs, gutters, culverts, storm sewers and other drainage facilities, detention ponds, retaining walls and appurtenances, as well as sidewalks, bridges, parking facilities, paving, lighting, grading, landscaping, snow removal equipment, or tunnels and other street improvements, together with all necessary, incidental, and appurtenant facilities, land and easements , together with extensions of and improvements to said facilities . 3 . Traffic and Safety Controls. The design, acquisition, installation, construction, operation, and maintenance of traffic and safety protection facilities and services through traffic and safety controls and devices on streets and highways, environmental monitoring, and rodent and pest controls necessary for public safety, as well as other facilities and improvements including but 9 not limited to, main entry buildings, access gates, signalization at intersections, traffic signs, area identification signs , directional assistance, and driver information signs , together with all necessary, incidental, and appurtenant facilities, land easements , together with extensions of and improvements to said facilities . 4 . Fire Protection & Emergency Medical Services . The acquisition, construction, completion, installation and/or operation and maintenance of facilities and/or services for protection against fire, including, but not limited to, fire stations , fire protection and fire fighting equipment, and such ambulance, medical, and rescue units as are deemed necessary for proper firefighting and suppression services , adoption of fire codes, as well as all necessary, incidental, and appurtenant facilities, land and easements, together with extensions of and improvements to said system. 5. Television Relay and Translator. The acquisition, construction, completion, installation and/or operation and maintenance of television relay and translator facilities, including but not limited to cable television and communication facilities, together with all necessary, incidental and appurtenant facilities, land and easements, and all necessary extensions of and improvements to said facilities . 6 . Transportation. The design, acquisition, installation, construction, operation and maintenance of public transportation system improvements, including transportation equipment, park and ride facilities and parking lots, parking structures, roofs, covers, and facilities, including, but not limited to facilities for the commercial structures and for the conveyance of the public consisting of buses, automobiles, and other means of conveyance, and structures for repair, operations and maintenance of such facilities, together with all necessary, incidental and appurtenant facilities, land and easements, and all necessary extensions of and improvements to said facilities or systems . 7 . Parks and Recreation. The design, acquisition, installation, construction, operation and maintenance of public park and recreation facilities or programs including, but not limited to, swimming pools and spas, tennis courts, exercise facilities, bike paths, hiking trails, snowshoe trails, pedestrian trails, pedestrian bridges, pedestrian malls, public fountains and sculpture, art, and botanical gardens, equestrian trails and centers, picnic areas, skating areas and facilities, common area landscaping and weed control, outdoor lighting of all types, community events, and other facilities, together with all necessary, incidental and appurtenant facilities, land and easements , and all necessary extensions of and improvements to said facilities or systems . 10 8 . Sanitation. The design, acquisition, installation, construction, operation and maintenance of storm or sanitary sewers, or both, flood and surface drainage, treatment and disposal works and facilities, and all necessary or proper equipment and appurtenances incident thereto, together with all necessary, incidental and appurtenant facilities, land and easements, and all necessary extensions of and improvements to said facilities or systems . 9 . Mosquito and Pest Control. The design, acquisition, installation, construction, operation, and maintenance of systems and methods for the elimination and control of mosquitos, rodents and other pests . 10. Legal Powers . The powers of Districts will be exercised by their Boards of Directors to the extent necessary to provide the services contemplated in this Service Plan. The foregoing improvements and services, along with all other activities permitted by law, will be undertaken in accordance with, and pursuant to, the procedures and conditions contained in the Special District Act, other applicable statutes, and this Service Plan, as any or all of the same may be amended from time to time. 11. Other. In addition to the powers enumerated above, the Boards of Directors of Districts shall also have the following authority: a. To amend this Service Plan as needed, subject to the appropriate statutory procedures, including, by written notice to Windsor pursuant to S 32-1-207, C.R.S. , of actions which Districts believe are permitted by this Service Plan but which may be unclear. In the event Windsor elects not to seek to enjoin any such activities under said statute, such election shall constitute agreement by Windsor that such activities are within the scope of this Service Plan. Districts shall have the right to amend this Service Plan independent of participation of the other Districts; provided, that Districts shall not be permitted to amend those portions of this Service Plan which effect, impair, or impinge upon the rights or powers of the other Districts without such District's consent; and b. To forego, reschedule, or restructure the financing and construction of certain improvements and facilities, in order to better accommodate the pace of growth, resource availability, and potential inclusions of property within Districts, or if the development of the improvements and facilities would best be performed by another entity; and c. To provide all such additional services and exercise all such powers as are expressly or impliedly granted by Colorado law, and which Districts are required to provide 11 or exercise or, in their discretion, choose to provide or exercise; and d. To exercise all necessary and implied powers under Title 32, C.R. S . in the reasonable discretion of the Boards of Directors of Districts . III . DESCRIPTION OF FACILITIES AND IMPROVEMENTS Service District and Financing Districts will each be permitted to exercise their statutory powers and their respective authority set forth herein to finance, construct, acquire, operate and maintain the public facilities and improvements described in Section II of this Service Plan either directly or by contract. Where appropriate, Districts will contract with various public and/or private entities to undertake such functions . The figures contained in Exhibit F hereof show the conceptual layouts of the public facilities and improvements described in Section II hereof. Detailed information for each type of improvements needed to provide essential services to Water Valley will be presented to Windsor prior to construction. It is important to note that the preliminary layouts contained in Exhibit F are conceptual in nature only and that modifications to the type, configuration, and location of improvements will be necessary as development proceeds . All facilities will be designed in such a way as to assure that the facility and service standards will be compatible with those of Windsor and of other municipalities and special districts which may be affected thereby. IV. PROPOSED AND EXISTING INTERGOVERNMENTAL AGREEMENTS As noted in this Service Plan, the relationship between Service District and Financing Districts, including the means for approving, financing, constructing, and operating the public services and improvements needed to serve Water Valley will be established by means of various agreements to be negotiated after formation of Districts . Under such agreements , Service District will own, operate, construct and maintain all facilities and services needed for Water Valley. Funding will be provided largely by Financing Districts. The agreements between Districts will establish extensive procedures and standards for the approval of the design of facilities, transfer of funds between Districts, and operation and maintenance of the facilities. IGA's will also be prepared providing for coordinated administration of management services for Districts. The terms of such agreement may be submitted to the electors of Districts for approval. To the extent practicable, Service District may enter into additional intergovernmental and private agreements when it is in 12 the best interest of Service District to better ensure long-term provision of the improvements and services and effective management. Agreements may be executed with property owner associations and other service providers . V. FINANCIAL PLAN SHOWING HOW FACILITIES MAY BE FINANCED A. General Attached to this Service Plan as Exhibit D are preliminary Financing Plans which show how the proposed services and facilities may be financed and operated by Districts. The Financing Plans include the proposed operating revenue derived from ad valorem property taxes for the first budget year to be used by Service District. It is presently anticipated that Districts will enter into various intergovernmental agreements . Those agreements are expected to provide that the obligation of Financing Districts to pay Service District for operating expenses incurred for provision of services to property within Financing Districts shall constitute "debt" of Financing Districts . Accordingly, mill levies certified to make necessary payments to Service District will be characterized as debt service mill levies notwithstanding that they are imposed to pay contractual obligations for operations and maintenance services provided by Service District. Service District anticipates borrowing its initial operating funds from private entities until such time as it is able to generate operating revenues from Financing Districts. The Financing Plans identify the proposed debt issuance schedules of Service District and Financing Districts and show how the financial operations of the Districts will be coordinated. Financing Districts are expected to issue general obligation bonds supported by ad valorem mill levies. It is presently anticipated that Service District will issue revenue bonds secured by the developer and by financial commitments received from Financing Districts. This mechanism will help assure the transition of appropriate tax revenue to the payment of bonds issued to provide services for Water Valley. Other structures may be used. The balance of the information contained in this section of this Service Plan is preliminary in nature. All dollars are stated in 1994, uninflated dollars. Upon approval of this Service Plan, Districts will continue to develop and refine cost estimates contained herein and prepare for bond issuances. All cost estimates will be inflated to then-current dollars at the time of bond issuance and construction. Engineering and other contingencies, as well as capitalized interest and other costs of financing will be added. All construction cost estimates assume construction to applicable local, state or federal requirements. 13 The maximum general obligation bonded indebtedness for Financing Districts is expected to be $29 ,500, 000 (in 1994 dollars ) exclusive of costs of issuance, organization costs, inflation, contingencies and other costs . Districts shall have authority to finance and construct all facilities contemplated herein without the need to seek approval of any modification of this Service Plan. Districts shall be permitted to seek debt authorization from their electorates in excess of this amount to account for contingencies . Reasonable modifications of facilities and cost estimates shall likewise be permitted. Final determination of the amount of bonded debt for which approval will be sought from each District's electorate will be made by the Board of Directors of each District based on then-current estimates of construction costs, issuing costs, and contingencies . Authorization to issue bonds and enter into various agreements described herein will be sought from each District's electorate pursuant to the terms of the Special District Act, and the Colorado Constitution as amended from time to time. In addition to ad valorem property taxes, and in order to offset the expenses of the anticipated construction and Service District operations and maintenance costs, Districts will also rely upon various other revenue sources authorized by law. These will include the power to assess fees , rates, tolls, penalties, or charges as provided in § 32-1-1001( 1) , C.R.S. , as amended. The Financing Plans assume various sources of revenue, including ad valorem property taxes, specific ownership taxes, tap fees, and user charges, together with interest earnings on retained amounts . It is anticipated that a tiered system of user charges will be established. The Financing Plans do not project any significant accumulation of fund balances which might represent receipt of revenues in excess of expenditures under the TABOR Amendment. It is anticipated that the operations of Service District will qualify as "enterprises" under the TABOR Amendment. If its operations do not qualify as enterprises under TABOR, revenues from all sources which exceed the permitted level of expenditures in a given year, will be refunded to taxpayers, unless a vote approving the retention of such revenues is obtained. To the extent annual district revenues exceed expenditures in this manner, Districts will comply with the provisions of TABOR and either refund the excess or obtain voter approval to retain such amounts. The estimated costs of the facilities and improvements to be constructed and installed by Districts, including the costs of acquisition of land, and engineering services, legal services, administrative services, initial proposed indebtedness, and other major expenses related to the facilities and improvements to be constructed and installed, are set forth in Exhibits B and C of this Service Plan, and are not expected to exceed $100,000 initially. Organizational costs will be reimbursed to the 14 developer by Districts out of their initial revenue sources including bond issue proceeds . The maximum voted interest rate for bonds will be 18% . The proposed maximum underwriting discount will be 5% . It is estimated that the general obligation bonds , when issued, will mature not more than twenty (20) years from date of issuance, with the first maturity being not later than three ( 3) years from the date of their issuance, as required by statute. In the discretion of the Boards of Directors, Districts may set up other qualifying entities to manage, fund, construct and operate facilities, services , and programs . To the extent allowed by law, any entity created by Districts will remain under the control of its Board of Directors . The Financing Plans demonstrate that each Districts will have the financial capability to discharge the proposed indebtedness with reasonable mill levies assuming reasonable increases in assessed valuation and assuming the rate of build-out estimated in the Financing Plans . B. Combined Elections; Other Requirements Following approval of this Service Plan by Windsor, and after acceptance of the organizational petition and issuance of orders from Weld County District Court, elections on the questions of organizing Districts and approving bonded indebtedness and various agreements described herein will be scheduled. All elections will be conducted as provided in the Court orders, the Uniform Election Code of 1992 (as substantially amended by House Bill 93-1255) , and the TABOR Amendment, and are currently planned for November 8, 1994 . The election questions will include whether to organize Service District and Financing Districts, election of initial directors, and TABOR Amendment ballot questions . Thus, the ballot may deal with the following topics (in several questions, but not necessarily using the exact divisions shown here) : 1. Whether to organize the Districts , 2 . Membership and terms of the initial board members, 3. Approval of new taxes, 4 . Approval of maximum operational mill levies, 5. Approval of bond and other indebtedness limits, 6 . Approval of an initial property tax revenue limit, 7 . Approval of an initial total revenue limit, 8. Approval of an initial fiscal year spending limit, and 9 . Approval of a four-year delay in voting on ballot issues . Ballot issues may be consolidated as approved in Court orders. Windsor can be assured that the organizers of Districts intend to 15 follow both the letter and the spirit of the Special District Act, the Uniform Election Code, and the TABOR Amendment during organization of Districts . Future elections to comply with the TABOR Amendment are anticipated, and may be held as determined by the elected Boards of Directors of Districts . Financing Districts and Service District, once organized, shall be subject to the following additional requirements : 1. Submission of annual reports as described in § 32-1- 207 ( 3) , C.R.S. , in the form prescribed by Windsor. 2 . Material modifications of this Service Plan, except as contemplated herein, shall be subject to approval by Windsor in accordance with the provisions of § 32-1-207 , C.R.S . VI . AMENDMENT TO SERVICE PLAN The information contained in this Consolidated Service Plan for Districts is preliminary in nature but satisfies each of requirements of C.R.S. §§ 32-1-202 and 203 as required by § 32-1- 204 .5 . The proponents of organization of Districts agree that prior to exercise of any of the powers of Districts set forth in this Service Plan, additional detailed information regarding the Districts will be submitted to satisfy requirements of Windsor. It is agreed that if Windsor requires, an "Amended and Restated Consolidated Service Plan" will be submitted to Windsor to be approved in the same manner as this Service Plan. In the event proponents of organization of Districts do not satisfy the reasonable requirements of Windsor in this regard by December 31, 1995 , proponents of organization of Districts agree that they shall initiate dissolution proceedings in accordance with Colorado or b o the w upon request by Windsor. Departures by Districts , by proponents of organization of Districts, from the provisions of this Section VI shall be deemed to constitute a material mas mplated in 2O07, Service which depa tures may be enjoined WindsorbyPC.R.S. 2 in themannerset forth in such statutes . VII . CONCLUSIONS It is submitted that this Service Plan for the proposed Poudre Tech Metropolitan District, Water Valley Metropolitan District No. 1 and Water Valley Metropolitan District No. 2 as required by S 32- 1-203(2) , C.R.S . , has established that: (a) There is sufficient existing and projected need for organized service in the area to be serviced by the proposed Districts; 16 (b) The existing service in the area to be served by the proposed Districts is inadequate for present and projected needs ; (c) The proposed Districts are capable of providing economical and sufficient service to the area within their proposed boundaries; (d) The area to be included in the proposed Districts does have, and will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; (e) Adequate service is not, and will not be, available to the area through Windsor, or other existing municipal or quasi- municipal corporations, including existing special districts, within a reasonable time and on a comparable basis ; (f) The facility and service standards of the proposed Districts are compatible with the facility and service standards of Windsor within which the proposed Districts are to be located and each municipality which is an interested party under S 32-1-204( 1) , C.R.S. ; (g) The proposal is in substantial compliance with a master plan adopted pursuant to S 30-28-108, C.R.S. ; (h) The proposal is in compliance with any duly adopted county, regional, or state long-range water quality management plan for the area; and (i) The creation of the proposed Districts is in the best interests of the area proposed to be served. Therefore, it is requested that the Board of Trustees of Windsor, Colorado, which has jurisdiction to approve this Service Plan by virtue of SS 32-1-204.5, C.R.S. , et seq. , as amended, adopt a resolution which approves this Service Plan for Poudre Tech Metropolitan District, Water Valley Metropolitan District No. 1 and Water Valley Metropolitan District No. 2 as submitted. Respectfully submitted, ANRELE, ICENOGLE, NORTON & WHITE A Professional Corporation Gary ite, Coups to Proponents of Dis is 17 EXHIBIT 4' - LEGAL DESORIPT/0NS OF DISTRICTS CAl,CUING NE WELD CCOUNTY,CCC LINE O OO.A THE NORTHWEST S 6EARAYG 300771 59'..76.20a LISt AS OF srcr:CN 'E=<RMrNEO /P 6 NCR7H. RANGE 67 WE-57 OF BY .wGwl vCll �£ ACRTh'n£5INf ern CCYRNER OF SMO 5£C.70N 28. AND AT 171E NORTHQUARTER CORNER Of SAID SEC17ON 22. AND *1171 ALL BEARINGS AERE7N REUTlI£ THTHERETO:EAD LEA DESCRIPTION OF POUDRE TECH AIETROPOUTAN DISTRICT COMMENCING' AT IHE NOW17.01E57 COMYER OF 54.0 SECTION 1 sari .'NE M NORTH NE Of THE NORTHWEST QUARTER'S 89-3.62CF E 2.584.43 Eat TO THE NORTH QUARTER G1WAE7 or SAW SECTION 28 INPICE DEPARTING FROM SAID LANE ANC ALONG THE NORM UNE OF 111E NO?THFAST CUARTFR OF SAW ACTION 28 5 SPCST 12534.35 �' THENCE OEANG SAID UN E UN£ OF GREAT S 0.71 'JC W OO FEET. TO THE 177U£ POINT OF 6EC;MWNG THENCE 5'00114-35- £ ALONG THE CT 66¢06 FELT.' )HENCE DEPARTING FROM SAID LINE S 486:76 0 660.25 NE TRUE THENCE NC0 ?£GNMNG5S520 pFE7 THEM£ 0• 871747 076598 . THENCE SW O'.wTA/NS /O.A7 ACRES . AND IS SUBJECT a ALL ANY AND EASEMENTS OR RICH TS-Or-wAY THAT WY NOW e1.75T ON PARCEL.P,R LEGAL DESCRIPTION OF WATER VALLEY METROPCUTAN DISTRICT NO. 1 THE 677I IC A PARCEL OF LAND LOCATED tA/ SECTIONS 28.29.31. AND J.Y. MONSMP 6 NORTH,T o67THWb R F 410SECT/ONT OF!NIECE Zit COUNTY, OOLORA00. NOME PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE' � E !NIECE S 14'17'17 111.95 PITT TO A POW- ON iNf SOONRWIT-CF-AMV LAVE OF MED COUNTY OW 8E6YG M£ TRUE POINT AF BEAM% C !HENCE KONG SVO ' T-OF-4AY UNE S 3976 Ar £ 937..76 FEET: PENCE S AT 79'44 W /4722 FEET 70 A POINT ON 7N£ SOUTH ...WE OF A Pre= Of LAW AS RECORDED AT R£C.FPIILW M7. 184554J OF PIE RECWVS Of WELD CU.WTT; =au x. THENCE KONG SAO SOUINERLY LAW NI£ FOLLCWING COURSES AND ONSTANCES7 S 46"3'00' 1 5557 ;Tr'FEE THENCE S5715•00- 'E 70.00 ET 71021E S THENCE S OA5Ve 57.00 FEZ- THENCE 7S26 1Cf 6000 PE NIENCE N AR7P 0 w !40.00 FOU'T' RLY LINE PC. 83 DO FROM Et SOUTHERLY MELD I.CO ANY ALONG THE SOUTHERLY$749 :ENE 201.24 . A AIRC'Fl A LAND aNg AS RECORDED1711N W NNE T 004 R1. T THE RECORDS ER OF WAZD SECTION 28L�ALONE hOR7H 2UNE�S 89'J67t r.1749 FE? 110 UNE OF MOWN THE TER CORNER QUARTER OF SAC Szt 171 OF sit SEC710V 29 QUARTER COMER or SND raw GR 7/EN N KUNG THE NORTH LANE OF THE NORTHEAST WOW S 89'J� £ 652.00 faT. 7D w PANT ON NE SOUTH 'fXIt/T-Q-'K4r LINE OF N[LD COUNTY RriAO 66: THENCE ALONG SA/0 RX:NT-O.NNY UNE S 44'1071" £ 908.55 Far THENCE 59'37idle 0 661.2 .37 FEET:A THENCE NC D IRE NF'Or or-wwrM SAW £ .1 LINE'S 00'21'76 w 667.40 F771 net( trigra is THENCE F 774 L61£ 2 00 r 70 P '&NORM' T E OF ALONG 510 Rte' U '�Y N 07ON 2 W 66ICE LONG N 10'74 J.r W 7140 FELT Ia PIE NORM LINE OF NIE NOR7NFAST QUARTER OF SVD ALA THE FAS7LLINE Of NORM E SAIO LAW S 69'.761'0' £ 1OR69 FEET 70 1N£ 7 Far 7T CORNER Of SWART SE CNN' ?C. NlENC£ THENCE ALOAC THE EAST EST ER SOUTHEAST QUARTER 2632.377SAID SECTION .70 NC ESS 00'71 ER C1 263 OF SECTION 0UTHEAST CORNER Out SIC tft.1 OF SECTION 28 540 CORNER ALSO SEA'C 171£ NCROCAST CORNER OF SALT SECTION JJ: P/ENC£'hALONG ME.SAO LINES LL LINEor NORTHEAST 0U4RIER or SAY savoy J5 St MrJJ! E FSJgJO FEET. 77�73 0 S 4SIN S W 67692 FEET.' WPC N OS417d W 180.56 FEET.' HENCE 90086 FEET THE11C£N 77'464f W 572.37 FELT se 4x1'19' W /090.55 FEED MENGE S 677107 W 774.20 PELT: meta' N 2S777LY W 729672 FEET; THENCE N 0045'18' E 735.45 Fat Neer N 47717? N 36331 FF£D 1108£ s ...'57221J" W 657.46 fEE7' 1NENC£ s 07.06'4r w 204603 FEET: /NO CE S 4.77657" W11021J FEET: NOCE S 0 49Ver E 24211 FEET. /WW1- S :flNORTHWEST W T104.8.1 M. NORTHEAST OL44R7 OP THE NORTHEAST DUMPIER OF SO N CT7ON 6" W 24277 FEET IV PIE NO7TNWFST OF SAID IVfLYV .3y A/ENCE N NEO f £ 1 nip COU T FEED Meters ROAD 77'h CINES ALONG £ 1 SAW £ 7- -wi ITT A PEWIT ON The ON AND 01STANCES• N Y 24'457.7 £2.12.68 Mt TO�BECARAC CFA CLAM- 10 THE tour MAW RC A CENTRAL ACE 0 ..IF O'QY AND A RADIUS AF 1027.20 FEET.• 1710C(ALONG TH1 ARC OF SW C10RWE.13587 FELT. THENCE N 54Y7'40- £ (E&E NWN0 81174 1729 _RIO ENDING SONS A CUITITE 70 7714- x149 FEET) Pieta-� TNE TOYING A GITY1RAL ANGLE OF 2ARC OF SW CUAW_ MCC �TO ALONG Or OFA OARW TO�JRwE 557.37 CT Nett 1l 4C£ 355.44 ran /HENCE N an OF..1745'01- ANC 1 A RADIUSti r W.70087 FEET• 1711 lE N MINT OF £ 32580 �=PARCEL C� ACRES z ANDS SIA4KOTDUNTY R040 66 S41.0 IV ANY CAS:Vera POSIT BONO 7H£ ARV£ POND 771 57 AMY bv.07 Wllr of RELUAY mow Our eYST ON SW ANC. DESCRIPTION OF WATER VALLEYMETROPOUTAN DISTRICT NO. 2 A PARCEL OF LAND LOCATED AN SECTION'S 28.49.17. AND J.T. 7OWNSWT 6 NORM AWACS Ar nee"A 8711WEST CO/RNfF L7 WEST OF 77.1C H SOLO sEL O 1A COMITY COLORADO. 408E PARTICULARLY:COR16O AS FOLLOWS- COMYENCJ ' TNlNC£KCMG 7H£ CAST IS G N WINGG � 0071.7'14- 7 5.3��0 THE�0 Or FEET TO THE TRUE PONTEC ON 13 4. 04MAIER OF SW SECION .13 S 157177 E 2757.05 art 5410 /C 501/ u 7 CW 7? r 0NC EAST W i t 1 THE =MOST r 17' THE 5011 Se W CDHMLR Of IV =flaw 3J: THETA:'£CORNER VIE $440 Dye .15 THE SOUTHEAST ONE w O car or F SAC SECTION SO S EAST QUARTER9' W 251134 FE FT 27 THE SOUTH -War7R CORNER O� 577 1CDLIVRI FPOV SAID LWE 1t32'OJ• W 1hC 2642.22 FT: (HA OF SA70 SEC1f0S 13 N or Jift I w E99 N7 FM THENCE 11.43 EE 25.12.J2 FEET: IHENCF£N OT DC W 1302.13 Int 1N£NK£N wr1e'1J7rr w 1702 TJ F£FT TNccc N 0106 rW 715.41 £ .2046121 5 J1Q1 9011 FEED N/EhC£ N OZ' E 71!20 FFFET' neer S 48£15 a0I37L 056 FEET? par Jr E1�5 8FEET7 FEET: rhea N 7r £,6/6.919FFETw TO 2711 TRUE POINTs Jor a- 977.7J FEET: TICNCE OF flEGMHING SND PARIS. CAVTANNS SSJ ACRES. 440 /5 SU8/£Cr 1O ANY ElSEMOVT5 ANO RCH7S-OF--C4r OF RECORD TINT MAY Ll75T ON SUM MRA'YS. EXHIBIT "B" P UDRE TECH/WATER VALLEY METROPOLITAN DISTRICTS CONCEPTUAL COST ESTIMATE Phase I $ 1,617,360.00 Water System $ 1,213,200.00 $ 1,213 Sanitary Sewer ,200.00 Storm Drainage $ 2,051,284.00 Streets/Entry $ 830,380.00 Landscaping $ 868 08 . Parks & Recreation $ 8,086,930.00 TOTAL Phase I Phase II $ 690,000.00 Water System $ 517,500.00 Sanitary Sewer $ 547,500.00 Storm Drainage $ 1,448,500.00 Streets/Entry Landscaping $ 241,500.00 $ 4 24 , 00.00 Parks & Recreation $ 8,050,000.00 TOTAL Phase II PsI $ 1,186,800.00 Water System $ 890,100.00 Sanitary Sewer $ 771,420.00 1 Storm Drainage $ 2,076,900.00 Streets/Entry $ 415,380.00 Landscaping $ 593.400.00 Parks & Recreation TOTAL Phase III $ 5,934,000.00 Phase IV $ 993,600.00 Water System $ 745,200.00 Sanitary Sewer $ 645,840.00 Storm Drainage $ 1,738,800.00 Streets/Entry $ 347,760.00 Landscaping $ 496.800.00 Parks & Recreation $ 4,968,000.00 TOTAL Phase IV $ 27,038,930.00 TOTAL Summary by Service $ 4,487,760.00 Water $ 3,366,000.00 Sanitary Sewer $ 2,917,044.00 Storm Drainage $ 7,853,580.00 Streets/Entry $ 1,570,666.00 Landscaping $ 6,843,880.00 Parks & Recreation $ 27,038,930.00 TOTAL u: a DR/VF I L ?' -i-LsLo I 0 DI a ....„.---- iiiIN QS v rj U J CONCEPTUAL POUDRE TECH/ WATER VALLEY METROPOLITAN D/STR/CTS PHASING PLAN EXHIBIT "C" POUDRE TECH/WATER VALLEY METROPOLITAN DISTRICTS OPERATIONS AND MAINTENANCE COST ESTIMATE YEAR TOTAL 1995 $10,000.00 1996 $20,000.00 1997 $30,000.00 1998 $50,000.00 1999 $60,000.00 2000 $63,000.00 2001 $66,000.00 2002 $68,500.00 2003 $75,000.00 2004 $80,000.00 2005 $85,000.00 2006 $90,000.00 2007 $95,000.00 2008 $100,000.00 2009 $107,000.00 2010 $112,000.00 2011 $117,000.00 2012 $124,000.00 2013 $133,000.00 2014 $136,000.00 2015 $143,000.00 EXHIBIT D Financing Plan No 0 0 0 .,. 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N''Il.. .o 8o ^^lollo 8 S p G _ ^^-oo .a (4b No_C N H toe 7W dw O igZww o]:2 04 - �r1INn0Nn00 SnnSS 8 8 S 08 8yN1�Woo $ 001010 001010 g 10.W� C. .. 010^^0^ O ing.lw•10 OnnO 8$�g OyeO m m n!6u� q C (W n'oN^ o o - one v1 6000 O NN O ^ Z¢pa o ¢ '--O 0 0^po C ```�_ 2• No^0 don 10 ¢� O W n 0p0{Ky' m YYryry � �Wu e NON 00eId. 1R o 100 n 9§ 001010 001010 e01ge 0 22 , p s> w 1 RI-NVC ' IT N vi OpWt W • N N w S 8.._S O 0 �? 8 8 00 0 WJJ 0 ^^od e, na YROM z loop mm « 00 -o'lo pry 10°010 lnpq 0 <p0''2 imp NN00Oo 8«1V10 881S18 S S O 0 OOIgO OdgO OOIdO o Dtp } _10 Onino 0000 „e00 =� ¢U Z ee 00 0- ^ N 2z ti WW. O Noon :111 O 0000 000N o n 4 5 IJ OO ON 00 NO-O On 00m Lucm4 S -^ m Wgi W ^NO.(�0001p NO SN O �g18o 00�� 001010 OgdO 004010 0 ; ¢� b W yyrnoo04 o R no 000 000 0^.n 0 WnWWW O�� O iWwdce d 10 x'1°80 oeni „a o 2�� 0.= �000 n - o^N 1Oa n ry C acu. N EXHIBIT E Statutory Contents of this Service Plan 1 . A description of the proposed services; 2 . A financial plan showing how the proposed services are to be financed; 3 . A preliminary engineering or architectural survey showing how the proposed services are to be provided; 4 . A map of the proposed Districts ' boundaries and an estimate of the population and valuation for assessment of the proposed Districts; 5 . A general description of the facilities to be constructed and the standards of such construction, including a statement of how the facility and service standards of the proposed Districts are compatible with facility and service standards of Windsor and of municipalities and special districts which are interested parties pursuant to S 32-1-204 ( 1) , C.R.S. ; 6 . A general description of the estimated cost dmf acquiring land, engineering services , legal services, services, initial proposed indebtedness and estimated prod maximum interest rates and discounts, and other major expenses related to the organization and initial operation of the proposed Districts; 7 . A description of any arrangement or proposed agreement with any political subdivision for the performance of any services between the proposed Districts and such other pse subdivisions; 8 . Information satisfactory to establish that each of the following criteria as set forth in S 32-1-203 , C.R.S. , has been met: (a) That there is sufficient existing and projected need for organized service in the area to be serviced by the proposed Districts; (b) That the existing service in the area to be served by the proposed Districts is inadequate for the present and projected needs; (c) That the proposed Districts are capable of providing economical and sufficient service to the area within their proposed boundaries; (d) That the area to be included in the proposed Districts has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; (e) That adequate service is not, or will not be available to the area through Windsor, other existing municipal or quasi- municipal corporations, including existing special districts, within a reasonable time and on a comparable basis; (f) That the facility and service standards of the proposed Districts are compatible with the facility and service standards of Windsor within which th proposed Districts are to lcted an each municipality which is an interested party under §e32-1-204( 1), C.R.S. ; (g) The proposal is in substantial compliance with any master plan adopted pursuant to § 30-28-106 , C.R.S. ; (h) That theregional, or in compliance long-range any n atery quality ted city, county, management plan for the area; and best ii) That the organization of nterests of the area the Districts will be in the proposed to be served EXHIBIT F Facilities Layouts nfialMfiN Uff/Yt r I I . i o F. I 11i I 1 -- „,,,,.., , i ,, tt) , . , ,:c , c.,, , it H • ki , , , . , , , . , . , , . , , . . CONCEPTUAL WATER DISTRIBUTION SYSTEM POUDRE TECH/ WATER VALLEY METROPOLITAN DISTRICTS EXHIBIT F-1UZ _.I L . TMAN.DR/YE , .. •.,,,.. , . , . ,:,,„ ,.:. N o , l � l o o 1 /...--- ._._ ._. 1 `1 \ 0 CONCEPTUAL SANITARY SEWER DISTRIBUTION SYSTEM POUDRE TECH/ WATER VALLEY METROPOLITAN DISTRICTS EXHIBIT F-2 EASTMANDRIVE I. 0 .. 7 1 C"'' ''"-..-—•i'.-. I:I': N — _ , ,, _ _______ _ _ ______ tk, , �3, 'i __ ____,MII Mee Mr__ ,....,_ Ala.-� \ \ m.� (ize-ri I ji N414 T _ SWIM SIMI WI I t IOW,If — I� CONCEPTUAL STORM DRAINAGE FACILITIES POUDRE TECH/ WATER VALLEY METROPOLITAN DISTRICTS EXHIBIT F-3 . uC o I N 7:// NIN HI • CONCEPTUAL STREW D TRANTSORTATI SYSTEM POUDRE TECH/ WATER VALLEY METROPOLITAN DISTRICTS EXHIBIT F-4 _-_- ,EASTAIANDRIVE I iI i ., i c ;� G N ski 1`:� j) !IIITICUP:Si MOM= ear wax I CS MCI MO War Car, 1 4 \ C, , 11 CONCEPTUAL PARKS AND RECREATION POUDRE TECH/ WATER VALLEY METROPOLITAN DISTRICTSTO EXHIBIT F-5 Hello