Metropolitan District - General Explanation
In accordance with Section 32-104.5(3)(X), C.R.S., the following general explanation in plain, nontechnical language, is provided. This information is intended to be read in conjunction with all applicable legal requirements, governing documents, agreements, resolutions, and determinations of the Boards of Directors of the Districts.
1. A metropolitan district is a special district that provides any two or more of the following services:
(a) Fire protection;
(b) Mosquito control;
(c) Parks and recreation;
(d) Safety protection;
(e) Sanitation;
(f) Solid waste disposal facilities or collection and transportation of solid waste;
(g) Street improvement;
(h) Television relay and translation;
(i) Transportation; and
(j) Water.
2. In accordance with the Districts’ Service Plan, the Districts have the power and authority to provide public improvements and related operation and maintenance services within and without the boundaries of the Districts as such power and authority is described in the Special District Act, other applicable statutes, common law, and the Constitution of the State of Colorado, as the same currently exist and as may be amended from time to time in the future, subject to the following limitations:
(a) Fire Protection Limitation. The Districts shall not be authorized, without the prior consent of East Grand Fire Protection No. 4 to provide fire protection facilities or services, unless such facilities and services are provided pursuant to an intergovernmental agreement with the Town and East Grand Fire Protection District No. 4. The authority to provide, operate and maintain for fire hydrants and related improvements installed as part of the water system shall not be limited by this provision.
(b) Water and Sanitation. The Districts shall not be authorized, without the prior consent of Winter Park Water and Sanitation District, to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain water or sewer facilities and services. The Districts intend to construct water and sewer infrastructure and related improvements within the Districts that will ultimately be dedicated to Winter Park Water and Sanitation District. Winter Park Water and Sanitation District has granted consent for District No. 1 to plan for design, acquire, construct, install and finance water and sewer infrastructure and related improvements.
The Districts have undertaken or plan to undertake the construction of the following public improvements:
(a) Sanitary sewer improvements;
(b) Storm drainage improvements;
(c) Water improvements including a pump house;
(d) Streets; and
(e) Landscaping.
The Districts will provide the following ongoing services: operation and maintenance services for the above listed public improvements that are not dedicated to the Town.
3. In accordance with the Districts’ Service Plan, the total amount of debt the Districts can incur to provide and pay for public infrastructure is as follows:
The Districts shall not issue Debt for Public Improvement purposes in excess of $14,000,000 without Town approval.
4. In accordance with the Districts’ Service Plan, the following revenue may be used to pay for the Districts’ debt:
Each of the Districts may impose a mill levy on taxable property within its boundaries as a source of revenue for repayment of debt service. The Districts may also rely upon various other revenue sources authorized by law, including the power to assess fees, rates, tolls, penalties or charges.
5. In accordance with the Districts’ Service Plan, the maximum mill levy the District may assess to pay for its debt is as follows:
The Maximum Debt Mill Levy shall be the maximum mill levy each District is permitted to impose upon the taxable property within such District payment of Debt, and shall be determined as follows:
- For the portion of any aggregate Debt which exceeds 50% of the District’s assessed valuation, the Maximum Debt Mill Levy for such portion of Debt shall be 50 mills less the number of mills necessary to pay unlimited mill levy Debt described below; provided that if, on or after January 1, 2008, there are Assessment Rate Changes, the mill ley limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for Assessment Rate Changes occurring after January 1, 2008, are neither diminished nor enhanced as a result of such changes. “Assessment Rate Changes” means (a) the laws of the State change with respect to the assessment of property for taxation purposes; (b) changes to the method of calculating assessed valuation; or (c) any other similar changes.
- For the portion of any aggregate Debt which is equal to or less than 50% of the District’s assessed valuation, either on the date of issuance or at any time thereafter, the mill levy to be imposed to repay such portion of Debt shall not be subject to the Maximum Debt Mill Levy and, as a result, the mill levy may be such amount as is necessary to pay the Debt service on such Debt, without limitation of rate.
6. Residents within each District may serve on the Board of Directors of the District if they are eligible electors of the District. A resident is an eligible elector of the District if the resident lives within the boundaries of the District and is registered to vote in Colorado.