HomeMy WebLinkAbout20220204.tiffHLULI V tU
DEC 292021
Michael Davis
From: Michael Davis COMMISSIONERS
Sent:
To:
Cc:
Subject:
Attachments:
Good morning Ms. Gesick,
Friday, December 24, 2021 10:35 AM
egesick@weldgov.com
Michael Davis; Marisa Davis
Notices to Weld County BOCC from Real Weld and Platte River Metropolitan Districts
45 -Day Notice to BOCC Re FRIA IGA and Projects - PRMD (12.24.21).pdf; 45 -Day Notice
to BOCC Re WAWDA IGA - PRMD (12.24.21).pdf; 45 -Day Notice to BOCC Re FRIA IGA -
REALWLD (12.24.21).pdf
Please find attached three separate notices to the Weld County Board of County Commissioners, as follows:
1. NOTICE OF INTENT BY PLATTE RIVER METROPOLITAN DISTRICT TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH WELD ADAMS WATER DEVELOPMENT AUTHORITY;
2. NOTICE OF INTENT BY PLATTE RIVER METROPOLITAN DISTRICT TO UNDERTAKE PUBLIC IMPROVEMENT
PROJECTS AND TO ENTER INTO AN INTER -GOVERNMENTAL AGREEMENT; and
3. NOTICE OF INTENT
BY REAL WELD
METROPOLITAN
DISTRICT TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH
PLATTE RIVER
METROPOLITAN
DISTRICT.
These notices are required by the service plans for each of the districts.
Please don't hesitate to contact me if you or any of the Commissioners have any questions about these notices.
Kind rega
Michael
I.AW OFFICE OF` MICHAEL. E. DAVIS, LLC
michaelca?mdavislawoffice.com
(720) 324-3130
This email and
any files transmitted with it
may be confidential attorney -client communications or may otherwise be
privileged or confidential and are
intended solely
for the individual or entity to whom they are addressed. If you are not the intended recipient, please
do not read, copy or retransmit this
communication
but destroy it immediately.
Any unauthorized dissemination, distribution or copying of this communication
is prohibited.
C0 Kttun ; cat-;onS
2022-0204
SDOIq I
SDQ I'N2
0(/17/22 1
Esther Gesick
From: Chloe White
Sent: Wednesday, December 29, 2021 1:25 PM
To: CTB-weld-districts
Cc: Esther Gesick; Mariah Higgins
Subject: RE: Notices to Weld County BOCC from Real Weld and Platte River Metropolitan
Districts
Jan,
Per the below email string between the District and Esther, please provide the originals to Esther.
Thank you!
Chloe A. White
Deputy Clerk to the Board Supervisor
Clerk to the Board's Office
Weld County
1150 O Street
Greeley, CO 80631
Tel. (970) 400-4213
Email: crempel@weldgov.com
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential
or otherwise protected from disclosure. If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
From: CTB-weld-districts <weld-districts@weldgov.com>
Sent: Wednesday, December 29, 2021 1:18 PM
To: Chloe White <crempel@weldgov.com>
Cc: Esther Gesick <egesick@weldgov.com>; Mariah Higgins <mhiggins@weldgov.com>
Subject: FW: Notices to Weld County BOCC from Real Weld and Platte River Metropolitan Districts
Chloe,
My list states service Plans go to you. Please note, the original documents mailed, were received today.
Thank you,
Jan Warwick
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80631
tel: 970-400-4217
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential
or otherwise protected from disclosure. If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
From: Esther Gesick <egesick@weldgov.com>
Sent: Monday, December 27, 2021 8:53 AM
To: Michael Davis <michael@mdavislawoffice.com>
Cc: Chloe White <crempel@weldgov.com>; Jan Warwick <iwarwick@weldgov.com>; Marisa Davis
<marisaCWmdavislawoffice.com>
Subject: RE: Notices to Weld County BOCC from Real Weld and Platte River Metropolitan Districts
Sounds good — and a Happy New Year to you as well!
Esther E. Gesick
Clerk to the Board
1150 0 Street/P.O. Box 758/Greeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Michael Davis <michael@mdavislawoffice.com>
Sent: Monday, December 27, 20218:49 AM
To: Esther Gesick <eegesick@weldgov.com>
Cc: Chloe White <crempel@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Michael Davis
<michael@mdavislawoffice.com>; Marisa Davis <marisa@mdavislawoffice.com>
Subject: RE: Notices to Weld County BOCC from Real Weld and Platte River Metropolitan Districts
Caution: This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Good morning Esther,
Thank you for confirming receipt. You'll also be receiving hard copies by US mail.
0)
Please let me know if you or any of the Commissioners have any questions.
Happy new year,
Michael
LAW OFFICE OF MICHAEL E. DAMS, LLC
michael@mdavislawoffice.com
(720) 324-3130
This email and
any files transmitted with it
may be confidential attorney -client communications or may otherwise be privileged or confidential and are
intended solely
for the individual or entity to whom they are addressed. If you are not the intended
recipient, please do not read, copy or retransmit this
communication
but destroy it immediately.
Any unauthorized dissemination, distribution or copying
of this communication is prohibited.
From: Esther Gesick <egesick@weldgov.com>
Sent: Monday, December 27, 2021 8:47 AM
To: Michael Davis <michael@mdavislawoffice.com>; Marisa Davis <marisa@mdavislawoffice.com>
Cc: Chloe White <crempei@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>
Subject: FW: Notices to Weld County BOCC from Real Weld and Platte River Metropolitan Districts
Hello Michael,
These items have been received
Thank you,
By copy on this message, we will process accordingly.
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758/Greeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Michael Davis <michael@mdavislawoffice.com>
Sent: Friday, December 24, 2021 10:35 AM
To: Esther Gesick <egesick@weldgov.com>
Cc: Michael Davis <michael@mdavislawoffice.com>; Marisa Davis <marisa@mdavislawoffice.com>
Subject: Notices to Weld County BOCC from Real Weld and Platte River Metropolitan Districts
j a n: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
3
Good morning Ms. Gesick,
Please find attached three separate notices to the Weld County Board of County Commissioners, as follows:
1. NOTICE OF INTENT BY PLATTE RIVER METROPOLITAN DISTRICT TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH WELD ADAMS WATER DEVELOPMENT AUTHORITY;
2. NOTICE OF INTENT BY PLATTE RIVER METROPOLITAN DISTRICT TO UNDERTAKE PUBLIC IMPROVEMENT
PROJECTS AND TO ENTER INTO AN INTER -GOVERNMENTAL AGREEMENT; and
3. NOTICE OF INTENT BY REAL WELD METROPOLITAN DISTRICT TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH PLATTE RIVER METROPOLITAN DISTRICT.
These notices are required by the service plans for each of the districts.
Please don't hesitate to contact me if you or any of the Commissioners have any questions about these notices.
Kind regards,
Michael
LAW OFFICE OF MICHAEL E. DAMS, LLC
michael@mdavislawoffice.com
(720) 324-3130
This email and any files transmitted with it may be confidential attorney -client communications or may otherwise be privileged or confidential and are
intended solely for the individual or entity to whom they are addressed. If you are not the intended recipient, please do not read, copy or retransmit this
communication but destroy it immediately. Any unauthorized dissemination, distribution or copying of this communication is prohibited.
LAW OFFICE OF MICHAEL E. DAVIS, LLC
December 24, 2021
DELIVERED VIA US MAIL AND EMAIL TO: e2esick(aiweldtov.com RECEIVE D
Weld County Board of County Commissioners DEC 292021
1150 O Street
P.O. Box 758 WELD COUNTY
COMMISSIONERS
Greeley, Colorado 80631
Attn: Esther E. Gesick, Clerk to the Board
RE: NOTICE OF INTENT BY REAL WELD METROPOLITAN DISTRICT TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT WITH PLATTE RIVER METROPOLITAN
DISTRICT
Dear Commissioners:
Pursuant to Section IX of the Service Plan for Real Weld Metropolitan District (the "District")
approved by the Weld County Board of County Commissioners (the "BOCC") on September 23, 2019 by
way of Resolution No. 2019-4132, enclosed is a copy of the publication to be made on December 29,
2021 in The Greeley Tribune (the "Notice") to provide notice that the District proposes to execute an
intergovernmental agreement ("IGA") with Platte River Metropolitan District ("PRMD"). The form of
the proposed IGA is enclosed with this Notice.
The IGA will establish a new legal entity pursuant to § 29-1-203.5, et seq., C.R.S., which will be
known as Front Range Infrastructure Authority ("FRIA"). The purpose of establishing FRIA is to create a
process and mechanism for the District and PRMD to cooperate in the financing, design, construction,
acquisition, operation, maintenance, ownership and use of public improvements to serve recreational
functions, services, facilities and programs within Weld County. For example, the soccer fields and
facilities described in the District's Service Plan as its "Primary Infrastructure Plan" are incorporated into
the IGA and are planned to be one of the first FRIA projects. These soccer fields and facilities will be
constructed in Weld County at the northwest corner of the intersection of Highway 34 and Weld County
Road 63. The District anticipates cooperating with FRIA on other public improvement projects in the
future and will provide prior written notice of such public improvements to the BOCC in accordance with
Section V.B (as amended) of the Service Plan.
Pursuant to Section IX of the Service Plan, if within 45 days of the District's publication of the
Notice the BOCC provides a written objection to the District regarding the execution of the IGA, then
entry into the IGA without the prior written approval of the BOCC will be considered a material
modification of the Service Plan and such objection must be resolved by way of an approved modification
to the Service Plan in accordance with Section 32-1-207(2), C.R.S.
5910 S. University Blvd., Ste. C 18-203 michael@mdavislawoffice.com
Greenwood Village, CO 80121 (720) 324-3130
Weld County Board of County Commissioners
Re: Notice of Intent to Execute an IGA
Page 2
Neither the Service Plan nor §§ 32-1-207(2)-(3), C.R.S., require the BOCC to conduct a public
hearing to approve the District's execution of the IGA, but the BOCC but may do so at its own discretion.
If the BOCC does not object to the District's execution of the IGA, no specific action is necessary or
required to be taken by the BOCC. Please contact me if you have any questions about this notice, or if
the BOCC intends to conduct a public hearing in connection with the District's execution of the IGA.
Since ely,
4
Michael E. Day s
Law Office of Michael E. Davis, LLC
General Counsel,
Real Weld Metropolitan District
Enclosures:
Publication Notice Re: Intent to Enter Into An IGA
Form of IGA
cc: Board of Directors, Real Weld Metropolitan District
NOTICE OF INTENT TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT
(Pursuant to § 32-1-207(3)(b), C.R.S.)
IN RE THE MATTER OF REAL WELD METROPOLITAN DISTRICT, WELD COUNTY,
COLORADO
NOTICE IS HEREBY GIVEN that the Board of Directors of Real Weld Metropolitan
District (the "District"), Weld County, Colorado, proposes to execute an intergovernmental
agreement (the "IGA") with Platte River Metropolitan District ("PRMD") to establish Front
Range Infrastructure Authority ("FRIA") in accordance Section 29-1-203.5, C.R.S. Entering into
the IGA will allow the District to cooperate with PRMD to finance, design, construct, acquire,
operate, maintain, own and use public improvements to serve recreational functions, services,
facilities and programs within Weld County.
NOTICE IS FURTHER GIVEN that pursuant to § 32-1-207(3)(b), C.R.S., any action
to enjoin the District's execution of the IGA as a material departure from the District's service
plan must be brought within forty-five days from the publication of this notice, which date is
February 12, 2022.
BY ORDER OF THE BOARD OF DIRECTORS OF REAL WELD METROPOLITAN
DISTRICT, WELD COUNTY, COLORADO.
By: LAW OFFICE OF MICHAEL E. DAVIS, LLC
Attorneys for the District
Publish On: Wednesday, December 29, 2021
Publish In: The Greeley Tribune
FRONT RANGE INFRASTRUCTURE AUTHORITY
ESTABLISHING CONTRACT
THIS FRONT RANGE INFRASTRUCTURE AUTHORITY ESTABLISHING CONTRACT
("Contract") is made and entered into effective as of , 2022, by and between Platte
River Metropolitan District ("Platte River") and Real Weld Metropolitan District ("Real Weld"), each a
quasi -municipal corporation and political subdivision of the State of Colorado.
RECITALS
A. Both Platte River and Real Weld are duly organized and existing metropolitan districts
within Weld County, State of Colorado, providing service and facilities within and without their
respective boundaries.
B. Platte River and Real Weld intend to cooperate to provide public facilities and
infrastructureto serve recreational functions, services, facilities and programs in northern Colorado.
C. Platte River and Real Weld are authorized by the provisions of Colo. Const. art. XIV,
§18, C.R.S. §29-1-201, et seq., and C.R.S. §31-35-402 to enter into contracts with other local
governments.
D. Platte River and Real Weld are authorized by the provisions of C.R.S. §29-1-203, et seq.,
to cooperate or contract with one another to provide any function, service, or facility lawfully authorized
to each of the cooperating or contracting units, including the sharing of costs and the incurring of debt,
provided that such cooperation or contracts are authorized by each party thereto with the approval of its
legislative body or other authority having the power to so approve.
E. Platte River and Real Weld are authorized by the provisions of C.R.S. §29-1-203.5, et
seq., to enter into a contract under C.R.S. 29-1-203 to establish a separate legal entity to provide, own,
operate, and finance, public improvements for any function, service, or facility of the parties hereto.
F. Platte River and Real Weld have determined it is in the best interests of their taxpayers
and service users to establish a separate legal entity to provide, own, operate, and finance public
improvements and infrastructure to facilitate the purposes, functions and services of the parties hereto.
COVENANTS AND AGREEMENTS
In consideration of the foregoing Recitals, which are incorporated by reference into this Contract, and
in consideration of the mutual promises and undertakings herein set forth, the parties agree as follows:
ARTICLE 1. NAME OF ENTITY
1.1 Name of Entity and Le2a1 Status. This Contract hereby establishes a political
subdivision and public corporation of the State of Colorado that is a legal entity separate from the parties
to this Contract in accordance with the provisions of C.R.S., §29-1-203-203.5, et seq., which shall be
Page 1 of 10
known as Front Range Infrastructure Authority (the "Authority"). The Authority is hereby formed in
conformity with the provisions of §29-1-203.5, C.R.S. and the provisions of such section shall apply to
the Authority.
ARTICLE 2. PURPOSE, TERM AND INITIAL CONTRIBUTIONS
2.1 Purpose of the Authority and Functions or Services to be Provided. The purpose of
the Authority is to provide for the financing, cost sharing, design, construction, acquisition, operation,
maintenance, and use of public infrastructure, facilities and services of the Authority in conjunction and
cooperation with Platte River and Real Weld. The functions and services to be provided by the Authority
include all of the functions and services of the contracting parties, both individually and collectively, as
such functions and services are authorized by applicable law and the approved service plans for each of
Platte River and Real Weld. Notwithstanding the foregoing, the contracting parties acknowledge and
agree that the primary purpose of the Authority is to finance, design, construct, acquire, operate, maintain,
own and use public improvements to serve recreational functions, services, facilities and programs within
Weld County, or in other areas of northern Colorado as approved by the Weld County Board of County
Commissioners. This Contract sets forth the organizational and operational procedures, powers and
functions of the Authority, as well as the powers, rights, obligations and responsibilities of the parties
hereto.
2.2 Term. Pursuant to Colorado Revised Statute §29-1-203(1), and notwithstanding any
provision of law limiting the length of any financial contracts or obligations of governments, this Contract
may be entered into for any period. In accordance with the foregoing, this Contract shall continue until
terminated pursuant to a written resolution and unanimous vote of the Board of Directors of the Authority
in favor of termination; except that this Contract may not be terminated so long as the Authority has
bonds, notes or other obligations outstanding, unless provision for full payment of such obligations, by
escrow or otherwise, has been made pursuant to terms of such obligations. In the event that this Contract
is terminated, or the Authority is otherwise dissolved, all of Authority's property shall be transferred to,
or at the direction of, either or both of the contracting parties hereto.
2.3 Initial Contributions. Future contributions by the parties will be agreed upon from time
to time based on funding needs of the Projects (defined below).
ARTICLE 3. GOVERNING BODY
PART A. BOARD OF DIRECTORS
3.1 Establishment and Organization of the Board of Directors
3.1.1 General. The Authority shall be governed by a Board of Directors ("Board" or
"Board of Directors") in which all legislative power of the Authority is vested. There shall be
five directors appointed to the Board.
3.1.2 Appointment of Board. One (1) director shall be appointed by Platte River (the
"Platte River Appointee"), and the Platte River Appointee shall appoint one (1) additional
director (the "Platte River Director Appointee"). Such Platte River Appointee and Platte River
Page 2 of 10
Director Appointee shall be directors of Platte River. One (1) director shall be appointed by Real
Weld (the "Real Weld Appointee"), and Real Weld Appointee shall appoint one (1) additional
director (the "Real Weld Director Appointee"). Such Real Weld Appointee and Real Weld
Director Appointee shall be directors of Real Weld. One (1) additional director shall be
appointed by a majority vote of those directors of the Board in attendance at the meeting where
the appointment is made. The director appointed by the Board may be a director of Platte River
or Real Weld, an engineer, attorney, manager, accountant, or other consultant of Platte River or
Real Weld or an individual with expertise in the area of infrastructure development in Colorado.
3.1.3 Term of Directors. The directors appointed under Section 3.1.2 shall serve
indefinitely until they resign, become unqualified, or their directorship is rescinded in writing by
the appointing entity or entities. Any director may resign upon written notice to the Board of
Directors.
3.1.4 Vacancies. Upon the resignation or rescission of a director, a new director shall
be appointed to fill such vacancy in the same manner as described in Section 3.1.2.
3.1.5 Removal. Any director who fails to attend three consecutive meetings of the
Board of Directors may be removed by resolution of the Board of Directors, unless the absences
of the director are excused.
3.1.6 Bond. No fidelity or other bond shall be required by any director,
3.1.7 Compensation. No director shall receive compensation except for
reimbursement of direct expenses incurred by a director which is approved by the Board.
3.1.8 ^ ° Officers and Duties. The directors shall elect annually at the first meeting of
each calendar year a President, a Vice -President, a Secretary and Treasurer; provided, however,
that the Secretary may be a person other than a director, and provided further that the same person
may serve as both Secretary and Treasurer, but in such case, he or she shall be a director. The
President shall chair all meetings. Whenever the President is absent, the Vice -President shall
assume the duties of the President. The Secretary shall keep in a visual text format that may be
transmitted electronically a record of all the Authority's proceedings, minutes of all meetings,
certificates, contracts, bonds given by employees, and all corporate acts. The Treasurer shall
keep strict and accurate accounts of all money received by or disbursed for and on behalf of the
Authority in permanent records and is authorized to invest the funds of the Authority pursuant to
Section 4.2 herein.
PART B. VOTING BY THE BOARD OF DIRECTORS
3.2 Quorum. A quorum shall be necessary for any action to be taken by the Board. A
quorum of the Board of Directors is as follows:
# of Directors Serving on the Board
# of Directors Constituting a Quorum
1
1
2
1
3
2
Page 3 of 10
4
2
5
3
3.3 Voting. Unless otherwise specifically provided for herein, a vote of a majority of the
directors in attendance at a meeting of the Authority shall be sufficient for action to be taken by the
Board.
PART C. DUTIES OF THE BOARD
3.4 Business of the Authority. The Board shall conduct the business of the Authority in
good faith and utilizing a reasonable businessperson standard.
3.4.1. Budgets, Accounting and Securities Information Reporting. The Board shall
make provision for annual budgets, and for audits, when required,in accordance with local
government accounting standards. The provisions of articles 10.5 and 47 of title 11, C.R.S., shall
apply to moneys of the Authority. If the Authority has issued bonds, notes, or other financial
obligations as authorized hereunder, it shall be subject to the "Public Securities Information
Reporting Act", article 58 of title 11, C.R.S., and shall file an annual information report, to the
extent practical, in the manner specified in section 11-58-105, C.R.S. The bonds, notes, and
other financial obligations of the Authority shall not be the debts, liabilities, or financial
obligations of Platte River or Real Weld or any parties that may enter into this Contract in the
future.
3.5 Meetings.
3.5.1. Regular Meeting. The Board shall meet annually unless otherwise determined
by the Board. The regular annual meeting of the Board shall be held at
, on the [numbered] [] of [month] of each year. Notice of the
meeting shall be made by U.S. Mail or by email to each director of the Board no less than 24
hours prior to the meeting.
3.5.2. Special Meetings. Special meetings may be called by the President or by the
consent of two directors of the Board (which consent may be evidenced in writing or
electronically). At least three (3) days' notice must be provided to all directors of the Board prior
to a special meeting provided that this requirement may be waived with the unanimous
concurrence of the Board.
3.5.3. Emergency Meetings. In the event of extraordinary circumstances which
require immediate action by the Board to maintain compliance with state and federal laws, or
prevent an eminent threat to public health, an emergency meeting may be scheduled as soon as
possible and best efforts shall be made to notify all directors of the Board of such emergency
meeting.
3.6 Agenda and Action Items. The President shall set the agenda for the regular board
meeting or any special meeting that the President has called. For special meetings called by the consent
of two directors, the two directors shall set the agenda for such meeting. Any two directors may include
an item for discussion or action on the Board agenda for the regular meeting or any special meeting called
Page 4 of 10
by the President prior to the minimum required notice for such meeting. The President may include items
for discussion to the agenda of a special meeting called by the consent of two board members prior to the
minimum required notice for such meeting. No action may be taken by the Board on any item which was
not included on the agenda prior to the minimum required notice for such meeting without the unanimous
consent of the directors to add such action item to the agenda.
3.6.1 Annual List of Improvements. At each annual meeting, the Board shall
approve a list of improvements to be acquired, financed, or constructed during the next calendar
year (each such improvement, a "Project"). The Board shall review prior lists of Projects and
make such revisions as necessary. Prior to the annual meeting, the Board may appoint a
committee to develop the list of Projects. The approved list shall be subject to financing
contingencies and requirements, and the Board may at any time determine to defer, forego,
reschedule, or restructure the financing and construction of any or all of the Projects, to better
accommodate the pace of growth, resource availability, and arrangements and agreements with
other entities. Nothing herein shall require the Authority to construct or finance any particular
Project. Without limiting the foregoing, the contracting parties acknowledge and agree that the
soccer fields to be located at the northwest corner of the intersection of Highway 34 and Weld
County Road 63 in Weld County, as more particularly described in the Real Weld Service Plan, is
hereby deemed to be a Project pursuant to this Contract.
3.7 Open Meetings. The Authority is a political subdivision and public corporation of the
state, separate from Platte River and Real Weld, within the meaning of the Colorado Open Meetings Law
(C.R.S. §24-6-401, et seq.), and records of its proceedings and any other documents in its possession or
subject to its control shall be subject to the Public Records Act (C.R.S. §24-72-20 1, et seq.).
ARTICLE 4. POWERS OF THE AUTHORITY
4.1 General Powers. To allow the Authority to achieve the purposes for which it is
established, the contracting parties hereto deem it necessary and convenient for the Authority to exercise
any power of a special district specified in part 10 of article 1 of title 32, C.R.S., except as otherwise
expressly stated herein, so long as each of the contracting parties hereto may lawfully exercise such
power. Pursuant to § 29-1-203.5(2)(b), the Authority shall not levy a tax or exercise the power of eminent
domain. Without limiting the foregoing, the Authority shall have the power to:
4.1.1. Issue bonds, notes, or other financial obligations payable solely from the revenues
derived from one or more of the functions, services, systems, or facilities or the combined
functions, services, systems, or facilities of the Authority or from money received under contracts
entered into by the Authority, or from any other available funds of the Authority. The terms,
conditions, and details of said bonds, notes, and other financial obligations, the procedures related
thereto, and the refunding conditions thereof shall be set forth in the resolution authorizing said
bonds, notes, or other financial obligations and, as nearly as may be practicable, shall be
substantially the same as those provided in part 4 of article 35 of title 31, C.R.S., relating to water
and sewer revenue bonds; except that the purposes for which the same may be issued shall not be
so limited and except that said bonds, notes, and other obligations may be sold at public or private
sale. Bonds, notes, or other financial obligations issued under this subsection shall not constitute
an indebtedness of the entity or the cooperating or contracting parties within the meaning of any
constitutional or statutory limitations or other provision. Each bond, note, or other financial
Page 5 of 10
obligation issued under this subsection shall recite in substance that said bond, note, or other
obligation, including the interest thereon, is payable solely from the revenues and other available
funds of the Authority pledged for the payment thereof and that said bond, note, or other
obligation does not constitute a debt of the entity or the cooperating or contracting parties within
the meaning of any constitutional or statutory limitation or provision. Notwithstanding anything
in this section to the contrary, such bonds, notes, and other financial obligations may be issued to
mature at such times not beyond forty years from their respective issue dates, shall bear interest at
such rates, and shall be sold at, above, or below the principal amount thereof, all as shall be
determined by the Board of Directors. The resolution, trust indenture, or other security
agreement under which any bonds, notes, or other obligations are issued shall constitute a
contract with the holders thereof, and it may contain such provisions as shall be determined by
the Board of Directors to be appropriate and necessary in connection with the issuance thereof
and to provide security for the payment thereof, including, without limitation, any mortgage or
other security interest in any revenues, funds, rights, or properties of the Authority. The bonds,
notes, and other obligations of the Authority and the income therefrom shall be exempt from
taxation by this state, except inheritance, estate, and transfer taxes.
4.1.2 Acquire, lease and sell property.
4.1.3 Make grants or loans to Platte River and/or Real Weld, with any loans being
secured by loan and security agreements, leases, or any other instruments upon such terms and
conditions, including, without limitation, the terms and conditions authorized by section 31-35-
402(l)(h), C.R.S., as the board of directors of the Authority shall determine.
Article 5. GENERAL PROVISIONS.
5.1. Standards of Service. Any improvements operated by the Authority shall fully comply
with all applicable federal, state and local statutes, regulations, ordinances, permits and orders, including
without limitation the Federal Clean Water Act. Where applicable, the Authority shall promulgate water
quality standards, treatment standards and discharge standards for all Authority improvements.
5.2. Partial Invalidity. If any portion of this Contract is determined by a court having
jurisdiction to be invalid or unenforceable, such judgment, shall not affect, impair or invalidate the
remaining portions of this Contract, the intention being that the various provisions hereof are severable.
5.3. Amendment. No amendment to this Contract, including an amendment adding parties to
the Contract in the future, or for providing services or facilities to any party other than the parties to this
Contract shall be effective unless it is in writing and signed by the Authority and by either Platte River or
by Real Weld. An amendment to add parties to this Contract shall specify the conditions and
requirements to be fulfilled by the party to be added. Notwithstanding the foregoing, if Platte River, Real
Weld or a party added to the Contract after the effective date wishes to withdraw, such withdrawal shall
not become effective until the other parties have consented to a written amendment to this Contract that
removes the withdrawing party, such consent to not be unreasonably delayed or withheld.
5.4. Governing Law. This Contract shall be governed by and construed in accordance with
the laws of the State of Colorado and applicable federal law.
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5.5. Authority. Each party hereto represents and warrants that it has all requisite power,
corporate and otherwise, to execute, deliver and perform their obligations pursuant to this Contract. Each
party hereto represents and warrants to the other that the execution, delivery and performance of this
Contract has been duly authorized by it, and that upon execution and delivery, this Contract will
constitute a legal, valid and binding obligation, enforceable against it in accordance with their terms.
5.6. Counterparts. This Contract may be executed in one or more counterparts, all of which
together shall constitute one and the same instrument.
5.7. Further Assurance. Each of the parties hereto, at any time and from time to time, will
execute and deliver such further instruments and take such further action as may reasonably be requested
by the other party hereto, in order to cure any defects in the execution and delivery of, or to comply with
or accomplish the covenants and agreements contained in this Contract and/or any other agreements or
documents related thereto.
5.8. Notices. If under the terms of this Contract, notice is to be provided to any party, said
notice shall be deemed provided upon personal delivery or three (3) business days after the mailing of the
same by registered or certified mail, return receipt requested. The names of any person to whom notice is
to be sent may be modified by the affected party by a written notice in writing to the other parties. Until
so modified, the persons to receive notice are as follows:
Platte River Metropolitan District:
c/o Wipfli, LLP
7887 E. Belleview Avenue, Suite 700
Denver, CO 80111
Attention: Bill Hughes
With a copy to:
Law Office of Michael E. Davis, LLC
5910 S. University Blvd., Ste. C 18-203
Greenwood Village, CO 80121
Attention: Michael Davis
Real Weld Metropolitan District:
8301 East Prentice Avenue, Suite 100
Greenwood Village, CO 80111
Attn: Ronald E. vonLembke
With a copy to:
Law Office of Michael E. Davis, LLC
5910 S. University Blvd., Ste. C 18-203
Greenwood Village, CO 80121
Attention: Michael Davis
5.9. Assignment. Neither party shall assign its rights or obligations hereunder without the
prior, express and written consent of the other party.
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5.10. No Third -Party Beneficiaries. Nothing contained in this Contract is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party,
including any agent, sub -consultant or sub -contractor of the Authority. Absolutely no third -party
beneficiaries are intended by this Contract. Any third -party receiving a benefit from this Agreement is an
incidental and unintended beneficiary only.
5.11. Entire Agreement. This Contract, including the items referenced herein or to be
attached in accordance with the provisions of this Contract, constitutes the entire agreement among the
parties pertaining to the subject matter of this Contract and supersedes all prior and contemporaneous
agreements and understandings of the parties as to the subject matter of this Contract. No representation,
warranty, covenant, agreement or condition not expressed in this Contract shall be binding upon the
parties or shall change or restrict the provisions of this Contract.
5.12. Governmental Immunity. Nothing in this Contract shall be construed as a waiver of the
rights and privileges of the parties hereto pursuant to the Colorado Governmental Immunity Act, § 24-10-
101, et seq., C.R.S., as the same may be amended from time to time.
5.13. Public Records. This Contract and any amendments hereto shall be filed with the division
of local government in the department of local affairs, which shall retain the Contract and any such
amendments as public records.
[signature page follows]
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IN WITNESS WHEREOF, the parties have set their hands and seals effective as of the day and
year first above written.
PLATTE RIVER METROPOLITAN
DISTRICT
Robert A. Lembke, President
ATTEST:
Ronald E. vonLembke
Secretary/Treasurer
REAL WELD METROPOLITAN
DISTRICT
Ronald E. vonLembke, President
ATTEST:
John Urosevich
Secretary/Treasurer
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FRONT RANGE INFRASTRUCTURE
AUTHORITY
Printed name:
Title: President
ATTEST:
Printed name:
Title: Vice President
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