HomeMy WebLinkAbout20202633.tiff McGEADY
iblehl BECHER
- - Special District Law
July 28, 2020 RECEIVED
JUL 2 9 2020
WELD COUNTY
COMMISSIONERS
VIA EMAIL
Ms. Esther Gesick egesick@co. weld .co. us
Clerk to the Weld County BOCC osa. lg@state .co. us
P.O. Box 758
Greeley, CO 80632
Re : Resource Colorado Water and Sanitation Metropolitan District
Dear Ms. Gesick :
Enclosed please find a courtesy copy of the 2019 Annual Report To Southern Weld Advisory
Board regarding the above-captioned District.
If you have any questions, please contact me . Thank you .
Very truly yours,
MCGEADY BECHER P.C .
/S/ CHANDA M . THOMSEN
Chanda M . Thomsen
Paralegal
Enclosure
450 E. 1 7th Avenue, Suite 400, Denver, CO 80203- 1254 1303 . 592 .4380 I www. specialdistrictlaw. com
{ 00809922. DOCX v : 1 }
Cotw. un 2020-2633
08'/31 /.2o SD O I a2
RESOURCE COLORADO
WATER AND SANITATION METROPOLITAN DISTRICT
2019 ANNUAL REPORT TO
SOUTHERN WELD ADVISORY BOARD
Pursuant to Section II.C of the Service Plan as approved by the Board of County
Commissioners of Weld County, Colorado on August 25, 2004, the Resource Colorado Water
and Sanitation Metropolitan District("District") is required to provide,on an annual basis,the
following report to the Southern Weld Advisory Board. Additional questions regarding the
information set forth in this report may be directed to the office of the District's General
Counsel, McGeady Becher P.C., 450 E. 17th Avenue, Suite 400, Denver, Colorado 80203, (303)
592-4380, during regular business hours and pursuant to the Rules and Regulations adopted by
the District. All information provided in this summary is through December 31, 2019.
1. Capital Improvement Progress Report.
(a) Summary of Description and Mapping of Completed Improvements from
Date of Organization through December 31 of the Year Prior to the Year of the Report...
No improvements were completed as of December 31, 2019. Please see response
in 1(b) below. The District declared inactive status pursuant to Title 32, C.R.S., effective
January 1, 2016.
(b) Summary of Description and Drawing of improvements Proposed to be
Constructed within 36 Months of January 1 of the Year of the Report("Three Year CIP Plan"),
A Three Year CIP Plan was not prepared by the District as of December 31, 2019,
as preliminary planning and engineering was not completed as of year-end, Since its
organization in 2004 through December 31,2019, the District has been focusing on planning,
engineering, administrative and legal matters related to the provision of water and wastewater
improvements and services to service providers in Weld County. Among the proposed service
providers that the District is expected to service are the Pioneer Regional Metropolitan District
and Pioneer Metropolitan Districts Nos.1 —6 (collectively,the"Pioneer Districts"). The Service
Plans for the Pioneer Districts were approved by Weld County on February 6, 2006.
The utility plan and application for site location for the wastewater treatment
facility that was submitted to the North Front Range Water Quality Planning Association (the
"Association")on November 16, 2006, received conditional approval of the Association on April
26, 2007. No further activities regarding the wastewater treatment facilities were undertaken by
the District as of December 31, 2019.
With respect to water service, in February of 2006,the District filed in Water
Division No. 1, an application for determination of rights to ground water in the not nontributary
Arapahoe Aquifer underlying approximately 650 acres and in the nontributary Larmie-Fox Hills
Aquifer underlying approximately 5,668 acres, which acreages overlap. A decree granting the
application was entered on December 29, 2006 entitling the District to withdraw 5.7 acre feet per
year from the not nontributary Arapahoe Aquifer and 1,281.9 acre feet per year from the
(00809924,DOC v,I }
nontributary Laramie-Fox Hills Aquifer subject to the terms of the decree, The District no
longer is the applicant nor has any interest in the above-referenced water rights as of
approximately August, 2010.
With respect to providing service to other service providers, the District
completed the sale of Well 31652FP and associated water rights to the Town of Keenesburg
("Town")on July 26, 2006. See Exhibit D herein for a complete listing of the agreements
associated with this transaction.
The District anticipates preparing the Three Year CIP Plan in conjunction with an
overall feasibility study and comprehensive plan for water and wastewater services at such time
as feasible for the District.
(c) Summary of Infrastructure Phasing and Schedules of Improvements
Described in Three Year CIP Plan.
Please see response in 1(b) above.
2. District Financial Reporting.
(a) Annual Budget for Year of Report. The District declared inactive status
effective January 1, 2016, and therefore was not required to adopt a 2020 budget.
(b) Annual Audit of Financial Statements for the Fiscal Year Ending
December 31 of the Year Prior to the Year of the Report. The District declared inactive status
effective January 1, 2016, and therefore was not required to file an Annual Audit or Audit
Exemption.
(c) Summary of Total Debt Outstanding and Remaining Amounts of
Authorized but Unissued Debt Authorization. See Exhibit A attached hereto.
3. Operations Reporting.
(a) Current Rules and Regulations, The District's current Rules and
Regulations were submitted with the 2007 Annual Report and an Amendment submitted with the
2009 Annual Report.
(b) Changes to District's Taxing Boundary or Service Area Boundary,as such
Terms are Defined in District's Service Plan. There have been no changes to the District's
Taxing Boundary or Service Area Boundary during 2019.
(c) Copies of Executed Intergovernmental Agreements. See Exhibit B
attached hereto.
(00809924.DOC v:l
(d) Names and Terms of Board Members and Contact Information.
Vacant
Term expires: 2023
Vacant
Term expires: 2023
John"Mick"Todd, Secretary
2313 17th St.
Greeley, CO 80634
Telephone: (970) 352-4980
Term expires: 2023
Toni L. Serra, Treasurer
Gateway American Resources
9033 E. Easter Ave., Suite 112
Centennial, CO 80112
Telephone: (720) 362-5995
Fax: (720) 362-7116
Term expires: 2022
Joel H. Farkas, President
Gateway American Resources
9033 E. Easter Ave., Suite 112
Centennial, CO 80112
Telephone: (720) 362-5995
Fax: (720) 362-7116
Term expires: 2022
(e) Schedule and Locations of Regular Board Meetings.
The District declared inactive status effective January 1, 2016, and
therefore does not have any regular meetings scheduled for 2020.
(0 Summary of any Outstanding Litigation. The District has filed an
Application for approval of a plan for augmentation in Case No. 06CW256, Water Division No.
1 as described in Section 1(b) herein, which case was dismissed as of September 20, 2010.
(00809924.DOC v:1 }
Respectfully submitted 1hiselay of July,2020.
RESOURCE COLORADO WATER AND
SANITATION METROPOLITAN
DISTRIC •
By: •.'-
�+ Pres` nt
Attest: j
L`�L
Secret
r
i fttk{U9924 pm v:1 f
EXHIBIT A
Summary of Debt and Debt Authorization
To: Weld County, CO
From: McGeady Becher P.C.
Date: July 27, 2020
Re: Resource Colorado Water and Sanitation Metropolitan District
Election Authorization as of 12/31/19
principal principal
Principal Amount of Ant, ou tt*of
Amount of Authorization Authorization
Authorized Debt Used Remaining
Purpose-Improvements
5A Streets $324,000,000.00 $0.00 $324,000,000.00
5B Water Supply System $324,000,000.00 $0.00 $324,000,000.00
5C Sanitary Sewer System $324,000,000.00 $0.00 $324,000,000.00
5D Mosquito Control $324,000,000.00 $0.00 $324,000,000.00
Improvements Total $1,296,000,000.00 $0.00 _$1,296,000,000.00'.
Purpose-Other
Authorizations
Refunding of District debt or
5E other obligations $324,000,000.00 $0.00 $324,000,000.00
IGAs that are MFY
obligations; payable from
unlimited ad valorem
5F property tax levy $324,000,000.00 $0.00 $324,000,000.00
Operating Expenses and
Reimbursement of Operating
5G Advances to the District $50,000,000.00 $0.00 $50,000,000.00
IGAs that are MFY
obligations; payable from
unlimited ad valorem
5H property tax levy $324..000,000.00 $0.00 $324,000,000.00
IGAs for Regional
Improvements that are MFY
51 obligations Allowed
Authority to Collect/Spend
Facilities Fees,charges,tap
5J fees Allowed
Note: IGA=Intergovernmental Agreement;MFY=Multiple Fiscal Year
Debt: All authorized debt is in the form of revenue bonds or other obligations of the District including but
not limited to contracts,leases and other agreements,except as otherwise noted.
Date of Last Debt Election: May 6,2014
{00809924 DOC v:I }
EXHIBIT B
Intergovernmental Agreements
Intergovernmental Agreement with the Lost Creek Ground Water Management District(07/10/05);
describes the agreement for funding a USGS study and the sharing of the information derived from the
study. A copy of this agreement previously provided with the 2006 Annual Report.
Agreement with the Town of Keenesburg("Town")(4/25/06); sets forth the terms and conditions of the
purchase of the water right associated with Well Permit No. 31652-FP by the Town from the District. A
copy of this agreement previously provided with the 2006 Annual Report.
Assignment(7/26/06); assigns all right,title and interest to the water right associated with Well Permit
No. 31652-FP to the Town by the District. A copy of this agreement previously provided with the 2006
Annual Report.
Easement Deed (7/26/06);grants an easement to the Town for access to the Tank Site. A copy of this
agreement previously provided with the 2006 Annual Report.
Agreement(7/26/06); sets forth the terms and conditions regarding certain specified obligations regarding
the decrees and stipulations related to the water right associated with Well Permit No, 31652-FP. A copy
of this agreement previously provided with the 2006 Annual Report.
Agreement(7/26/06); defines the terms and conditions for the District to use and reuse the water right
associated with Well Permit No. 31652-FP, subject to a certain reservation. A copy of this agreement
previously provided with the 2006 Annual Report.
Letter of Agreement(12/7/06); sets forth the understanding of the Town and the District with regard to
the well water transmission line being installed by the Town from Well No. 31652-FP to the Town's
water system and a proposed water storage tank site. (All rights associated with paragraph 4 of the
agreement assigned to Pioneer Regional Water Activity Enterprise.) A copy of this agreement previously
provided with the 2010 Annual Report.
Intergovernmental Agreement(dated 6/22/07,effective 7/11/07); sets forth the obligations of the Town
and the District with regard to the funding of a feasibility study regarding the joint use of the Keenesburg
facility to provide service to Pioneer Regional Metropolitan District and Pioneer Metropolitan District
Nos. 1-6 to serve Pioneer Communities Phase I. A copy of this agreement previously provided with the
2010 Annual Report.
Intergovernmental Agreement Regarding Assignment of Reimbursement Obligations and Consent to
Construction(dated April 19,2012) by and between the District,Pioneer Metropolitan District No. 3,the
District acting by and through Resource Colorado Water and Sanitation District GAR Water Activity
Enterprise No. 1 and the District acting by and through Resource Colorado Water and Sanitation District
Water Activity Enterprise(the"Agreement"); sets forth the assignment of Reimbursement Obligations(as
defined in the Agreement)to Pioneer Metropolitan District No. 3 and the terms of consent to construction.
A copy of this agreement previously provided with the 2012 Annual Report.
Memorandum of Understanding(dated November 1, 20I2)by and between the District and Pioneer
Regional Metropolitan District("MOU"); sets forth the understanding between the parties regarding the
District's funding of the Resource Shortfall(as defined in the MOU). A copy of this agreement
previously provided with the 2012 Annual Report.
{00809924.DOC vi
ANNUAL INFORMATION REPORT
FOR THE YEAR 2019
RESOURCE COLORADO WATER AND SANITATION METROPOLITAN DISTRICT
Pursuant to Section VIII of the Service Plan approved by Weld County, Colorado on August 25,
2004,the District hereby submits the following information:
A. Changes in.the District's taxing boundary or Service Area boundary: No boundary
changes were made or proposed during 2019. The District declared Inactive Status
under Title 32, C.R.S., effective January 1, 2016. The District declared Active Status
under Title 32, C.R.S., effective March 5, 2020.
B. Intergovernmental Agreements: The District entered into a Memorandum of
Understanding with Pioneer Regional Metropolitan District and Pioneer Metropolitan
District No. 3 on November 2, 2015.
C. Changes in the District's Rules and Regulations: The District did not amend its rules
and regulations in 2019. The District declared Active Status under Title 32, C.R.S.,
March 5, 2020.
D. Summary of any litigation which involves the District: The District was not involved
in any litigation in 2019.
E. Status of construction of improvements: The District did not construct any
improvements in 2019. The District declared Inactive Status under Title 32, C.R.S.,
effective January 1, 2016. The District declared Active Status under Title 32, C.R.S.,
effective March 5, 2020.
F. Annual audited financial statements of the District or appropriate exemptions from
Audit: The District declared Inactive Status under Title 32, C.R.S., effective January 1,
2016. The District returned to Active Status under Title 32, C.R.S. effective March 5,
2020. For the fiscal years of 2016-2019,the District was not statutorily required to file
an audit or an audit exemption.
G. Summary of total debt authorized,issued and outstanding: See attached summary.
The District declared inactive status pursuant to Title 32, C.R.S. effective January 1, 2016.
The District declared active status pursuant to Title 32, C.R.S. effective March 5, 2020.
{00809925.DOC v:1 }
To: Weld County, CO
From: McGeady Becher P.C.
Date: July 27, 2020
Re: Resource Colorado Water and Sanitation Metropolitan District
Election Authorization as of 12/31/19
Principal Principal Principal
Amount of Amount of- Amount of
Authorized Authorization Authorization
Debt Used Remaining
Purpose-Improvements
5A Streets $324,000,000.00 $0.00 $324,000,000.00
5B Water Supply System $324,000,000.00 $0.00 $324,000,000.00
5C Sanitary Sewer System $324,000,000.00 $0.00 $324,000,000.00
5D Mosquito Control $324,000,000.00 $0.00 $324,000,000.00
Purpose-Other
Authorizations
Refunding of District debt or
5E other obligations $324,000,000.00 $0.00 $324,000,000.00
IGAs that are MFY
obligations;payable from
unlimited ad valorem property
5F tax levy $324,000,000.00 $0.00 $324,000,000.00
Operating Expenses and
Reimbursement of Operating
5G Advances to the District $50,000,000.00 $0.00 $50,000,000.00
IGAs that are MFY
obligations;payable from
unlimited ad valorem property
5H tax levy $324,000,000.00 $0.00 $324,000,000.00
IGAs for Regional
Improvements that are MFY
51 obligations Allowed
Authority to Collect/Spend
Facilities Fees, charges,tap
5J fees Allowed
Note: IGA=Intergovernmental Agreement;MFY=Multiple Fiscal Year
Debt: All authorized debt is in the form of revenue bonds or other obligations of the District
including but not limited to contracts,leases and other agreements,except as otherwise noted.
{00809925.DOC v:1 } 2
Hello