HomeMy WebLinkAbout1378 - APPROVING A MODEL METROPOLITAN DISTRICT SERVICE PLAN FOR USE BY APPLICANTS IN THE FORMATION OF A METROPOLITAN DISTRICT WITHIN THE BOUNDARIES OF THE CITY OF BOULDER, COLORADO; AND SETTING FORTH RELATED DETAILSRESOLUTION 1378
A RESOLUTION BY THE CITY OF BOULDER CITY COUNCIL
APPROVING A MODEL METROPOLITAN DISTRICT
SERVICE PLAN FOR USE BY APPLICANTS IN THE
FORMATION OF A METROPOLITAN DISTRICT WITHIN THE
BOUNDARIES OF THE CITY OF BOULDER, COLORADO;
AND SETTING FORTH RELATED DETAILS
THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO, HEREBY
FINDS AND RECITES THAT:
A.WHEREAS, the City of Boulder (“City”) is a home rule municipality and political
subdivision of the State of Colorado (the “State”) organized and existing under a home rule charter
(the “Charter”) pursuant to Article XX of the Constitution of the State;
B.WHEREAS, pursuant to Article 1, Title 32, Colorado Revised Statutes, as amended
(the “Special District Act”), the City has the authority to approve service plans for metropolitan
districts organized under the Special District Act that are organized wholly within the City’s
boundaries;
C.WHEREAS, in order to promote uniformity in the organization and operation of
metropolitan districts within the City, in addition to the provisions of the Special District Act and
Chapter 8-12, “Metropolitan Districts,” B.R.C. 1981, there is a need for the use of a model service
plan that governs the formation, powers and operation of metropolitan districts, sets forth certain
limitations on metropolitan districts, and provides for transparency and specific City oversight of
metropolitan district activities; and
D.WHEREAS, the use of a model service plan will provide greater uniformity in
applications for the formation of metropolitan districts and will ease the burden on City staff in the
process of reviewing applications and monitoring service plan compliance for metropolitan
districts.
NOW THEREFORE, BASED ON THE FINDINGS MADE IN THIS
RESOLUTION, ABOVE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BOULDER, COLORADO, THAT:
Section 1. Findings. The recitals to this Resolution are incorporated as findings of the City
Council. This Resolution is found to be necessary for the preservation of the public health, safety,
and welfare and in the public interest.
Section 2. Adoption of the Model Service Plan. The City Council hereby approves the
model service plan, attached hereto as Exhibit A, to be used by applicants to the City for
approval of a metropolitan district service plan in accordance with Chapter 8-12, “Metropolitan
Districts,” B.R.C. 1981.
Section 3. Effective Date. This Resolution shall be in full force and effect upon its
adoption.
ADOPTED this 7th day of May 2026.
_________________________________
Aaron Brockett,
Mayor
Attest:
__________________________________
Elesha Johnson,
City Clerk
CITY OF BOULDER
MODEL METROPOLITAN DISTRICT SERVICE PLAN
SERVICE PLAN
FOR
[_______________] METROPOLITAN DISTRICT
CITY OF BOULDER, COLORADO
Approved: [__________]
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TABLE OF CONTENTS
SERVICE PLAN 1
ARTICLE I: INTRODUCTION ..................................................................................................... 1
ARTICLE II: DEFINITIONS ......................................................................................................... 2
ARTICLE III: BOUNDARIES ....................................................................................................... 5
ARTICLE IV: PROPOSED LAND USE/POPULATION PROJECTIONS/ASSESSED
VALUATION ................................................................................................................................. 5
ARTICLE V: DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND
SERVICES ...................................................................................................................................... 5
1. Powers of the District and Service Plan Amendment. .................................................. 5
2. Operations and Maintenance Limitation. ...................................................................... 5
3. Fire Protection Limitation. ............................................................................................ 6
4. Television Relay and Translation Limitation. .............................................................. 6
5. Telecommunication Facilities. . .................................................................................... 6
6. Golf Course Construction Limitation. .......................................................................... 7
7. Zoning and Land Use Requirements ............................................................................. 7
8. Growth Limitations ....................................................................................................... 7
9. Construction Standards Limitation. .............................................................................. 7
10. Eminent Domain Limitation. ........................................................................................ 7
11. Privately Placed Debt Limitation. ................................................................................. 7
12. Inclusion and Exclusion. ............................................................................................... 8
13. Overlap Limitation. ....................................................................................................... 8
14. Initial Debt Limitation. ................................................................................................. 8
15. Total Debt Issuance Limitation. .................................................................................... 8
16. Fee Limitation. .............................................................................................................. 9
17. Public Improvement Fees. ............................................................................................ 9
18. Special Assessments. .................................................................................................... 9
19. Moneys from Other Governmental or Non-Profit Sources........................................... 9
20. Consolidation Limitation. ............................................................................................. 9
21. Bankruptcy Limitation. ............................................................................................... 10
22. Revenue Bond Limitation. .......................................................................................... 10
23. Service Plan Amendment Requirement. ..................................................................... 10
24. Preliminary Engineering Survey. ................................................................................ 11
ARTICLE VI: REGIONAL IMPROVEMENTS ......................................................................... 11
ARTICLE VII: FINANCIAL PLAN ............................................................................................ 12
1. General. ........................................................................................................................ 12
2. Maximum Voted Interest Rate and Maximum Underwriting Discount. ...................... 13
3. Maximum Debt Mill Levy. ........................................................................................... 13
4. Maximum Combined Mill Levy. .................................................................................. 13
5. Maximum Debt Mill Levy Imposition Term. . ............................................................. 14
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6. Debt Repayment Sources. ............................................................................................ 14
7. Debt Instrument Disclosure Requirement. .................................................................... 15
8. Security for Debt. .......................................................................................................... 15
9. TABOR Compliance. .................................................................................................... 15
10. District’s Operating Costs. ............................................................................................ 15
11. Subdistricts. ................................................................................................................... 16
ARTICLE VIII: ANNUAL REPORT .......................................................................................... 16
1. General. ........................................................................................................................ 16
2. Standard Reporting Requirements of Significant Events. ............................................ 16
3. Additional Reporting Requirements. : .......................................................................... 17
ARTICLE IX: TRANSPARENCY............................................................................................... 17
ARTICLE X: DISSOLUTION ..................................................................................................... 17
ARTICLE XI: REQUIRED DISCLOSURES .............................................................................. 18
ARTICLE XII: INTERGOVERNMENTAL AGREEMENT ...................................................... 18
ARTICLE XIII: AMENDMENT REQUIREMENT .................................................................... 18
ARTICLE XIV: CONCLUSION .................................................................................................. 19
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LIST OF EXHIBITS
EXHIBIT A Legal Descriptions
EXHIBIT B Boulder Vicinity Map
EXHIBIT C-1 Initial District Boundary Map
EXHIBIT C-2 Inclusion Area Boundary Map
EXHIBIT D Intergovernmental Agreement between the District and Boulder
EXHIBIT E Model Notice
EXHIBIT F Financial Plan
ARTICLE I: INTRODUCTION
Purpose and Intent.
The District is an independent unit of local government, separate and distinct from the
City, and, except as may otherwise be provided for by State or local law or this Service Plan, its
activities are subject to review by the City insofar as they may deviate in a material matter from
the requirements of the Service Plan. It is intended that the District will provide a part or all of
the Public Improvements for the use and benefit of all anticipated inhabitants and taxpayers of
the District. The primary purpose of the District will be to finance the construction of these Public
Improvements. The District is not being created to provide ongoing operations and maintenance
services other than as specifically set forth in this Service Plan.
Need for the District.
There are currently no other governmental entities, including the City, located in the
immediate vicinity of the District that consider it desirable, feasible or practical to undertake the
planning, design, acquisition, construction installation, relocation, redevelopment, and financing
of the Public Improvements needed for the Project. Formation of the District is therefore
necessary in order for the Public Improvements required for the Project to be provided in the most
economic manner possible.
Public Benefit.
[Describe public benefit of the Project and the Public Improvements].
Objective of the City Regarding District’s Service Plan.
The City’s objective in approving the Service Plan for the District is to authorize the
District to provide for the planning, design, acquisition, construction, installation, relocation and
redevelopment of the Public Improvements from the proceeds of Debt to be issued by the District.
All Debt is expected to be repaid by taxes imposed and collected for no longer than the Maximum
Debt Mill Levy Imposition Term and at a tax mill levy no higher than the Maximum Debt Mill
Levy for all properties, and/or repaid by Public Improvement Fees, Special Assessments and/or
Fees, as long as such Fees are not imposed upon or collected from property owned or occupied
by an End User for the purpose of creating a capital cost payment obligation as further described
in Article V.16. Debt which is issued within these parameters and as further described in the
Financial Plan, will insulate property owners from excessive tax and Fee burdens to support the
servicing of the Debt and will result in a timely and reasonable discharge of the Debt.
This Service Plan is intended to establish a limited purpose for the District and explicit
financial constraints that are not to be violated under any circumstances. The primary purpose of
the District is to provide for the Public Improvements associated with development and regional
needs. Operational activities are allowed, but only through an intergovernmental agreement with
the City. The District shall dissolve upon payment or defeasance of all Debt incurred or upon a
court determination that adequate provision has been made for the payment of all Debt, except
that if the District has ongoing operation and maintenance functions authorized under an
intergovernmental agreement with the City, the District shall not be required to dissolve but shall
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retain only the power necessary to impose and collect the Operation and Maintenance Mill Levy,
Special Assessments or Fees in amounts necessary to pay for those Operation and Maintenance
Costs. Additionally, if the Board determines that the existence of the District is no longer
necessary to accomplish the purposes set forth in this Service Plan, the Board shall promptly
effectuate the dissolution of the District.
The District shall be authorized to finance the Public Improvements that can be funded
from Debt to be repaid from Fees or from tax revenues collected from a mill levy which shall not
exceed the Maximum Debt Mill Levy and which shall not exceed the Maximum Debt Mill Levy
Imposition Term. It is the intent of this Service Plan to assure to the extent possible that no
property bear an economic burden that is greater than that associated with the Maximum Debt
Mill Levy in amount and that no property bear an economic burden that is greater than that
associated with the Maximum Debt Mill Levy Imposition Term in duration even under
bankruptcy or other unusual situations. The cost of Public Improvements that cannot be funded
within these parameters are not costs to be paid by the District. With regard to Regional
Improvements, this Service Plan also provides for the District to pay a portion of the cost of
regional infrastructure as part of ensuring that development and those that benefit from
development pay for the associated costs.
ARTICLE II: DEFINITIONS
In this Service Plan, the following terms shall have the meanings indicated below, unless
the context hereof clearly requires otherwise:
Approved Development Plan: means a site plan or final development plan or other process
established by the City for identifying, among other things, Public Improvements necessary for
facilitating development for property within the District’s Service Area as approved by the City
pursuant to the City Code and as amended pursuant to the City Code from time to time.
BRI (Boulder Regional Improvements) Mill Levy: means the mill levy imposed for payment of
the costs of the planning, design, permitting, construction, acquisition and financing of Regional
Improvements, as further described in Article VI.
Board: means the board of directors of the District.
Bond, Bonds or Debt: means bonds or other obligations (1) for the payment of which the District
has promised to impose an ad valorem property tax mill levy; (2) for the payment of which the
District has promised to impose and collect Fees; or (3) to which the District has pledged any of
its revenues.
City: means the City of Boulder, Colorado.
City Code: means the Boulder Revised Code 1981.
City Council: means the City Council of the City of Boulder, Colorado.
District: means [FILL DISTRICT NAME] Metropolitan District.
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End User: means any owner, or tenant of any owner, of any taxable improvement within the
District who is intended to become burdened by the imposition of ad valorem property taxes
imposed by the District. By way of illustration, a commercial property owner or commercial
tenant is an End User. The business entity that constructs commercial structures within the
District with the intention of selling to others is not an End User.
External Fee Advisor: means a consultant that: (1) advises Colorado governmental entities on
matters relating to the imposition of Fees by Colorado governmental entities, including matters
such as the rates and structures of such Fees; and (2) is not an officer or employee of the District
and has not been otherwise engaged to provide services in connection with a transaction related
to the issuance of Debt payable from such Fees.
External Financial Advisor: means a consultant that: (1) advises Colorado governmental entities
on matters relating to the issuance of securities by Colorado governmental entities, including
matters such as the pricing, sales and marketing of such securities and the procuring of bond
ratings, credit enhancement and insurance in respect of such securities; (2) shall be an underwriter,
investment banker, or individual listed as a public finance advisor in the Bond Buyer’s Municipal
Market Place; and (3) is not an officer or employee of the District and has not been otherwise
engaged to provide services in connection with the transaction related to the applicable Debt.
Fee: means any fee imposed by the District for services, programs or facilities provided by the
District, as described in Section V. below.
Financial Plan: means the Financial Plan of the District attached hereto as Exhibit F and
described in Article VII which describes (1) how the Public Improvements are to be financed; (ii)
how the Debt is expected to be incurred; and (2) the estimated operating revenue derived from
property taxes for the first budget year.
Inclusion Area Boundaries: means the boundaries of the area described in the Inclusion Area
Boundary Map.
Inclusion Area Boundary Map: means the map attached hereto as Exhibit C-2, describing the
property proposed for inclusion within the boundaries of the District.
Initial District Boundaries: means the boundaries of the area described in the Initial District
Boundary Map.
Initial District Boundary Map: means the map attached hereto as Exhibit C-1, describing the
District’s initial boundaries.
Intergovernmental Agreement: means the Intergovernmental Agreement between the District and
the City, a form of which is attached hereto as Exhibit D. The Intergovernmental Agreement may
be amended from time to time by the District and the City.
Maximum Debt Mill Levy: means the maximum mill levy the District is permitted to impose for
payment of Debt, exclusive of the BRI Mill Levy and the Operation and Maintenance Mill Levy,
as set forth in Article VII.3 below.
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Maximum Debt Mill Levy Imposition Term: means the maximum term for imposition of a mill
levy for the repayment of Debt on a particular property as set forth in Article VII.5 below.
Operation and Maintenance Costs: means (1) the costs of ongoing administrative, accounting,
and legal services to the District; and (2) the costs of any programming or services provided by
the District; and (3) any ongoing operation and maintenance costs or the costs of repair, and
replacement of the Public Improvements. Operation and Maintenance Costs shall not include any
ongoing operation and maintenance costs or the costs of repair, and replacement of Public
Improvements dedicated to the City unless provided for in an intergovernmental agreement with
the City.
Operation and Maintenance Mill Levy: means the mill levy the District is permitted to impose for
the payment of the District’s Operation and Maintenance Costs, as set forth in Article V.2 below.
Project: means the development or property commonly referred to as [COMMON NAME].
Property: means real or personal property within the Service Area subject to ad valorem taxes
imposed by the District.
Public Improvements: means a part or all of the improvements authorized to be planned,
designed, acquired, constructed, installed, relocated, redeveloped and financed as generally
described in the Special District Act, except as specifically limited herein, to serve the future
taxpayers and inhabitants of the Service Area as determined by the Board.
Public Improvement Fee: means a public improvement fee imposed pursuant to a covenant
recorded against all or a portion of the property within the District, or similar fee imposed by the
owner of property in the District.
Regional Improvements: means Public Improvements and facilities that benefit the Service Area
and which are to be financed pursuant to Article VI below.
Service Area: means the property within the Initial District Boundary Map and the Inclusion
Area Boundary Map.
Service Plan: means this service plan for the District approved by City Council.
Service Plan Amendment: means an amendment to the Service Plan approved by City Council
in accordance with the City Code and the applicable State law.
Special Assessment: means the levy of an assessment within the boundaries of a special
improvement district pursuant to Article V.18.
Special District Act: means Section 32-1-101, et seq., of the Colorado Revised Statutes (C.R.S.),
as amended from time to time.
State: means the State of Colorado.
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ARTICLE III: BOUNDARIES
The area of the Initial District Boundaries includes approximately ____ acres and the total
area proposed to be included in the Inclusion Area Boundaries is approximately ___ acres. A legal
description of the Initial District Boundaries and the Inclusion Area Boundaries is attached hereto
as Exhibit A. A vicinity map is attached hereto as Exhibit B. A map of the Initial District
Boundaries is attached hereto as Exhibit C-1, and a map of the Inclusion Area Boundaries is
attached hereto as Exhibit C-2. It is anticipated that the District’s boundaries may change from
time to time as it undergoes inclusions and exclusions pursuant to Section 32-1-401, et seq.,
C.R.S., and Section 32-1-501, et seq., C.R.S., subject to the limitations set forth in Article V
below.
ARTICLE IV: PROPOSED LAND USE/POPULATION PROJECTIONS/ASSESSED
VALUATION
The Service Area consists of approximately ___ acres of land. The current assessed
valuation of the Service Area is $0.00 for purposes of this Service Plan and, at build out, is
expected to be approximately [$________], which amount is expected to be sufficient to
reasonably discharge the Debt as demonstrated in the Financial Plan. The commercial daily
population of the District at build-out is estimated to be approximately ___ people. [The
residential population of the Districts at build-out is estimated to be approximately _______
(____) people.]
Approval of this Service Plan by the City does not imply approval of the development of
a specific area within the District, nor does it imply approval of the total site/floor area of
commercial or industrial buildings identified in this Service Plan or any of the exhibits attached
hereto.
Approval of this Service Plan by the City in no way releases or relieves the developer of
the Project, or the landowner or any sub-divider of the Project Property, or any of their respective
successors or assigns, of obligations to construct Public Improvements for the Project or of
obligations to provide to the City such financial guarantees as may be required by the City to ensure
the completion of the Public Improvements, or of any other obligations to the City under the City
Code or any applicable annexation agreement, subdivision agreement, or other agreements
affecting the Project Property or development thereof.
ARTICLE V: DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND
SERVICES
1. Powers of the District and Service Plan Amendment. The District shall have the
power and authority to provide the Public Improvements and related operation and maintenance
services within and without the boundaries of the District as such power and authority is described
in the Special District Act, and other applicable statutes, common law and the Constitution,
subject to the limitations set forth herein and in the Intergovernmental Agreement.
2. Operations and Maintenance Limitation. The purpose of the District is to plan for,
design, acquire, construct, install, relocate, redevelop and finance the Public Improvements. The
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District shall dedicate the Public Improvements to the City or other appropriate jurisdiction or
owners association in a manner consistent with the Approved Development Plan and other rules
and regulations of the City and applicable provisions of the City Code. If set forth in the
Intergovernmental Agreement with the City, the District shall be authorized to own, operate and
maintain Public Improvements not otherwise required to be dedicated to the City or other public
entity, including, but not limited to street improvements (including roads, curbs, gutters, culverts,
sidewalks, bridges, parking facilities, paving, lighting, grading, landscaping, and other street
improvements), traffic and safety controls, retaining walls, park and recreation improvements and
facilities, trails, open space, landscaping, drainage improvements (including detention and
retention ponds, trickle channels, and other drainage facilities), irrigation system improvements
(including wells, pumps, storage facilities, and distribution facilities), and all necessary
equipment and appurtenances incident thereto. All parks and trails owned by the District shall be
open to the general public and residents of the City who do not reside in the District free of charge,
subject to the rules and regulations of the District as adopted from time to time. Trails which are
interconnected with a City or regional trail system shall be open to the public free of charge and
on the same basis as residents and owners of Property within the District.
In the event that the District imposes a mill levy for operation and maintenance purposes,
such mill levy shall not exceed [NOT TO EXCEED 15 mills] (the “Operation and Maintenance
Mill Levy”); provided, that the Operation and Maintenance Mill Levy shall be adjusted annually
to increase or decrease the maximum mill levy rate so that, to the extent possible, the actual tax
revenues generated by the Operation and Maintenance Mill Levy are neither diminished nor
enhanced as a result of (a) the assessment rate for commercial real property being increased or
decreased from twenty-five percent (25%) of the actual value of the property, or (b) any
constitutionally or statutorily mandated tax credit, cut, abatement or reduction in actual value
enacted after January 1, 2026.
3. Fire Protection Limitation. The District shall not be authorized to plan for, design,
acquire, construct, install, relocate, redevelop, finance, operate or maintain fire protection
facilities or services, unless such facilities and services are provided pursuant to an
intergovernmental agreement with the City or the appropriate fire district. The authority to plan
for, design, acquire, construct, install, relocate, redevelop or finance fire hydrants and related
improvements installed as part of the water system shall not be limited by this provision.
4. Television Relay and Translation Limitation. The District shall not be authorized
to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain
television relay and translation facilities and services, other than for the installation of conduit as
a part of a street construction project, unless such facilities and services are provided pursuant to
an intergovernmental agreement with the City.
5. Telecommunication Facilities. The District shall not construct telecommunication
facilities except pursuant to an intergovernmental agreement with the City and that no
telecommunication facilities owned, operated or otherwise allowed by the District shall affect the
ability of the City to expand its telecommunication facilities or impair existing telecommunication
facilities.
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6. Golf Course Construction Limitation. The District shall not be authorized to plan,
design, acquire, construct, install, relocate, redevelop, finance, operate or maintain a golf course
unless such activity is pursuant to an intergovernmental agreement with the City.
7. Zoning and Land Use Requirements. The District shall be subject to all of the
City’s zoning, subdivision, building code and other land use requirements.
8. Growth Limitations. The City shall not be limited in implementing City Council
or voter approved growth limitations, even though such actions may reduce or delay development
within the District and the realization of District revenue.
9. Construction Standards Limitation. The District will ensure that the Public
Improvements are designed and constructed in accordance with the standards and specifications
of the City and of other governmental entities having proper jurisdiction. The District will obtain
the City’s approval of civil engineering plans and will obtain applicable permits for construction
and installation of Public Improvements prior to performing such work.
10. Eminent Domain Limitation. The District shall be authorized to utilize the power
of eminent domain only with the consent of the City Council as evidenced by a resolution or
otherwise in accordance with the Intergovernmental Agreement. In the event the limit on the
District’s ability to exercise the power of eminent domain inhibits the District’s ability to issue
debt, or will cause the interest on any Debt issued by the District to be not excludable from gross
income for federal income tax purposes, and the District shall have obtained the written opinion
of bond counsel with respect to the foregoing, the limit set forth herein or in the Intergovernmental
Agreement on the District’s ability to exercise the power of eminent domain shall be of no further
force or effect and shall be retroactive to the date of the organization of the District if the
avoidance of the interest on Debt being not excludable from gross income for federal income tax
purposes as described in this paragraph so necessitates.
11. Privately Placed Debt Limitation. Prior to the issuance of any privately placed
debt, the District shall obtain and provide the City with the certification of an External Financial
Advisor substantially as follows:
We are [I am] External Financial Advisor within the meaning of the District’s
Service Plan.
We [I] certify that (1) the net effective interest rate (calculated as defined in
Section 32-1-103(12), C.R.S.) to be borne by [insert the designation of the Debt]
does not exceed a reasonable current [tax-exempt] [taxable] interest rate, using
criteria deemed appropriate by us [me] and based upon our [my] analysis of
comparable high yield securities; and (2) the structure of [insert designation of the
Debt], including maturities, [the imposition of compound interest], and early
redemption provisions, is reasonable considering the financial circumstances of
the District.
For purposes of this Section, “privately placed debt” includes any debt or annually
appropriated obligation that is sold to a private entity, including financial institutions, developers,
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or other private entities, and which no offering document related to such sale is required.
“Privately placed debt” does not include the sale of Debt to an underwriter who purchases Debt
from the District with a view to the distribution to investors of Debt.
In no event shall Debt that is privately placed with a developer or owner of the property
to be benefited with Public Improvements or annually appropriated obligation privately placed
with a developer or owner of the property to be benefitted with Public Improvements bear interest
at a rate that accrues at a compounding rate unless the certification of the External Financial
Advisor relating to such compound interest is obtained. Each instrument evidencing Debt or an
annually appropriated obligation that is privately placed with a developer or owner of the property
to be benefitted with Public Improvements shall provide that the District’s obligations thereunder
shall be discharged 40 years after the date that such obligation is issued regardless of whether
such obligation is paid in full.
12. Inclusion and Exclusion. The District shall not include property outside the
Service Area within its boundaries without the prior written consent of the City, which consent
shall be evidenced by resolution of the City Council. The District shall provide the City with
notice of any inclusion of property within the boundaries of the Service Area. The District shall
not exclude any property from its boundaries without the prior consent of the City Council, which
consent shall be evidenced by resolution. No District shall exclude from its boundaries property
upon which a Debt mill levy has been imposed for the purpose of the inclusion of such property
into another district that has been or will be formed under the Special District Act, without the
prior written consent of the City, which consent shall be evidenced by resolution. [The District
shall not contain residential property and the District shall exclude all property to be used for
residential purposes from its boundaries. (OR) At lease 90% of the assessed value within the
District’s boundaries shall be derived from commercial usage and at least 90% of the entire square
footage within the District’s boundaries shall be used for commercial purposes. The District shall
exclude property that is not used for commercial purposes in order to ensure that the requirements
of this Section are met.]
13. Overlap Limitation. The boundaries of the District shall not overlap with the
boundaries of another district organized under the Special District Act without the prior consent
of the City as evidenced by a resolution of the City Council. Additionally, the District shall not
consent to the organization of any other district organized under the Special District Act within
the Service Area which will overlap the boundaries of the District without the prior consent of
the City as evidenced by a resolution of the City Council
14. Initial Debt Limitation. Prior to the effective date of approval by the City of an
Approved Development Plan, the District shall not: (a) issue any Debt; or (b) impose a mill levy
for the payment of Debt by direct imposition or by transfer of funds from the operating fund to
the Debt service funds; (c) impose and collect any Fees used for the purpose of repayment of
Debt, or (d) receive revenue from the imposition of any Public Improvement Fee.
15. Total Debt Issuance Limitation. The total aggregate principal amount of Debt
issued by the District shall not exceed $[_______], including the aggregate principal amount of
Debt issued for Regional Improvements (the “Debt Limit”). The District shall only issue Debt
with repayment terms within forty (40) years of the issue date of such Debt. Debt issued to refund
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existing Debt shall not count against the Debt Limit unless the aggregate principal amount of the
Debt issued for refunding purposes exceeds the aggregate principal amount of Debt to be
refunded, in which case the difference shall be counted against the Debt Limit (example: if Debt
in the principal amount of $50,000,000 is issued to refund Debt originally issued in the principal
amount of $45,000,000, then $5,000,000 of the refunding Debt will count against the Debt Limit).
16. Fee Limitation. The District may impose and collect Fees as a source of revenue
for repayment of Debt, capital costs, and/or for operations and maintenance; provide that any one-
time Fees imposed or collected for the purpose of creating a capital cost payment obligation, such
as Fees imposed on a per unit (residential) or per square foot (non-residential) basis, shall be
imposed at or prior to the issuance of the initial building permit for the unit or structure and shall
be paid in-full and discharged prior to an End User acquiring, leasing, or otherwise utilizing the
applicable unit or structure. Prior to the imposition of any Fee or any amendment to increase the
rate or amount of any Fee, the District shall provide the City with the certification of an External
Fee Advisor substantially as follows:
We are [I am] External Fee Advisor within the meaning of the District’s Service
Plan.
We [I] certify that (1) the [insert the designation of the Fee] to be imposed by the
District at [insert rate or amount of Fee] does not exceed a reasonable current rate,
using criteria deemed appropriate by us [me] and based upon our [my] analysis of
Fees imposed for similar purposes; and (2) the structure of [insert the designation
of the Fee] is reasonable considering the financial circumstances of the District
and similar Fees imposed for similar purposes, including the relative burden
shared by the property and persons upon which the Fee is imposed in relation to
the benefit received by such property and persons.
17. Public Improvement Fees. With the prior written consent of the City as evidenced
by a resolution of the City Council, the District may collect and receive revenue from a Public
Improvement Fee imposed within the Service Area.
18. Special Assessments. With the prior written consent of the City as evidenced by
a resolution of the City Council, the District may establish one or more special improvement
districts within its boundaries and may levy a Special Assessment within the special improvement
district in order to finance all or part of the costs of any Public Improvements.
19. Moneys from Other Governmental or Non-Profit Sources. The District shall not
apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds, or other funds
available from or through governmental or non-profit entities that the City is eligible to apply for,
except pursuant to an intergovernmental agreement with the City. This Section shall not apply to
specific ownership taxes which shall be distributed to District without any limitation.
20. Consolidation Limitation. The District shall not file a request with any court to
consolidate with another district organized under the Special District Act without the prior written
consent of the City.
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21. Bankruptcy Limitation. All of the limitations contained in this Service Plan,
including, but not limited to, those pertaining to the Maximum Debt Mill Levy, Maximum Debt
Mill Levy Imposition Term and the Fees have been established under the authority of the City to
approve a Service Plan pursuant to its authority as a home rule municipality and under the Special
District Act. It is expressly intended that such limitations:
(a) Shall not be subject to set-aside for any reason or by any court of competent
jurisdiction, absent a Service Plan Amendment; and
(b) Are, together with all other requirements of Colorado law, included in the
“political or governmental powers” reserved to the State under the U.S.
Bankruptcy Code (11 U.S.C.) Section 903, and are also included in the
“regulatory or electoral approval necessary under applicable
nonbankruptcy law” as required for confirmation of a Chapter 9
Bankruptcy Plan under Bankruptcy Code Section 943(b)(6).
Any Debt, issued with a pledge or which results in a pledge, that exceeds the Maximum
Debt Mill Levy or the Maximum Debt Mill Levy Imposition Term, shall be deemed a material
modification of this Service Plan pursuant to Section 32-1-207, C.R.S., and shall not be an
authorized issuance of Debt unless and until such material modification has been approved by the
City as part of a Service Plan Amendment.
22. Revenue Bond Limitation. The District shall not issue revenue bonds, except as
set forth in this Section. At least sixty-three (63) days prior to issuing any revenue bonds, the
District must provide notice of its intent to issue revenue bonds to the City Attorney. At least
thirty-five (35) days prior to issuing any revenue bonds, the District must submit all relevant
details of such issuance to the City Attorney, including the proposed documents pursuant to which
such revenue bonds will be issued. On or before the date of issuance of any revenue bonds, the
District must provide the City Attorney with a letter dated the day of issuance prepared by the
District’s counsel to the effect that the issuance of the revenue bonds complies with the provisions
of this Service Plan, the City Code and applicable State law.
23. Service Plan Amendment Requirement. This Service Plan is general in nature and
does not include specific detail in some instances because development plans have not been
finalized. The Service Plan has been designed with sufficient flexibility to enable the District to
provide required Public Improvements under evolving circumstances without the need for
numerous amendments. Modification of the general types of services and facilities making up the
Public Improvements, and changes in proposed configurations, locations or dimensions of the
Public Improvements shall be permitted to accommodate development needs consistent with the
then-current Approved Development Plan(s) for the Project, subject to the limitations of this
Service Plan and the Intergovernmental Agreement.
The District is an independent unit of local government, separate and distinct from the
City, and its activities are subject to review by the City insofar as they may deviate in a material
manner from the requirements of the Service Plan, the City Code, or the Intergovernmental
Agreement. As such, any action of the District which: (a) violates the limitations set forth in this
Article V; (b) constitutes a material modification under the Special District Act and the City Code;
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or (c) constitutes a failure to comply with the Intergovernmental Agreement or other agreement
with the City, which non-compliance has not been waived in writing by the City, shall be deemed
to be a material modification to this Service Plan and the City shall be entitled to all remedies
available at law and in equity.
Any City approval requirements contained in this Service Plan (including, without
limitation, any provisions requiring that a change, request, occurrence, act or omission be treated
as a Service Plan Amendment or be deemed a “material modification” of the Service Plan) shall
remain in full force and effect, and, unless otherwise provided by resolution of the City Council,
such City approval shall continue to be required, notwithstanding any future change in law
modifying or repealing any statutory provision concerning service plans, amendments thereof or
modifications thereto.
24. Preliminary Engineering Survey. The District shall have authority to provide for
the planning, design, acquisition, construction, installation, relocation, redevelopment,
maintenance, and financing of the Public Improvements within and without the boundaries of the
District, to be more specifically defined in an Approved Development Plan. An estimate of the
costs of the Public Improvements which may be planned for, designed, acquired, constructed,
installed, relocated, redeveloped, maintained or financed was prepared based upon a preliminary
engineering survey and estimates derived from the zoning on the property in the Service Area and
is approximately $[_____].
All of the Public Improvements will be designed and constructed in such a way as to
assure that the Public Improvements’ standards will be compatible with those of the City and shall
be in accordance with the requirements of the Approved Development Plan. Failure to observe
the requirements established in this Section shall constitute a material modification pursuant to
Section 32-1-207, C.R.S., and shall entitle the City to all remedies available at law and in equity.
All construction cost estimates are based on the assumption that construction conforms to
applicable local, State or Federal requirements.
ARTICLE VI: REGIONAL IMPROVEMENTS
The District shall be authorized to provide for and contribute to the funding for the
planning, design, acquisition, construction, installation, relocation and/or redevelopment of the
Regional Improvements, and to provide for the funding of the administration and overhead costs
related to the provisions of the Regional Improvements incurred as a result of participation in the
alternatives set forth in (a), or (b) below.
The District shall impose three (3) mills annually, beginning in the first year of collection
of a debt service mill levy and continuing in each year thereafter until dissolution of the District,
for the payment of the costs of the planning, design, permitting, construction, acquisition,
operation, maintenance, and financing of the Regional Improvements; provided, that the BRI Mill
Levy shall be adjusted annually to increase or decrease the maximum mill levy rate so that, to the
extent possible, the actual tax revenues generated by the BRI Mill Levy are neither diminished
nor enhanced as a result of (1) the assessment rate for commercial real property being increased
or decreased from twenty-five percent (25%) of the actual value of the property, or (2) any
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constitutionally or statutorily mandated tax credit, cut, abatement or reduction in actual value
enacted after January 1, 2026.
All revenue derived from the imposition of the BRI Mill Levy shall be remitted as follows:
(a) If the City and the District have executed an intergovernmental agreement
addressing the revenue derived from the BRI Mill Levy, then the revenue
derived from the BRI Mill Levy shall be remitted to the City for use in
accordance with such agreement; or
(b) In the event the City and the District have not executed an
intergovernmental agreement addressing the revenue derived from the BRI
Mill Levy, then the revenue derived from the BRI Mill Levy shall be
remitted by the District to the City and the City shall place all revenues
received from the BRI Mill Levy in a special account for use by the City
in the planning, designing, constructing, installing, acquiring, relocating,
redeveloping, financing and operation and maintenance of the Regional
Improvements as prioritized and determined by the City.
The District shall have the authority to issue Debt for the Regional Improvements,
pursuant to the intergovernmental agreement as described in (a) above. Failure of the District to
impose or remit to the City the BRI Mill Levy shall be deemed a material modification of this
Service Plan and the City make take any action at law and equity to enforce the same.
ARTICLE VII: FINANCIAL PLAN
1. General. The District shall be authorized to provide for the planning, design,
acquisition, construction, installation, relocation and/or redevelopment of the Public
Improvements from its revenues and by and through the proceeds of Debt to be issued by the
District. The Financial Plan for the District shall be to issue such Debt as the District can
reasonably pay within the Maximum Debt Mill Levy Imposition Term from revenues derived
from the Maximum Debt Mill Levy and other legally available revenues. The total Debt that the
District shall be permitted to issue shall not exceed $[____] (including the aggregate principal
amount of Debt issued for Regional Improvements) and shall be permitted to be issued on a
schedule and in such year or years as the District determines shall meet the needs of the Financial
Plan referenced above and phased to serve development as it occurs. All bonds and other Debt
issued by the District may be payable from any and all legally available revenues of the District,
including general ad valorem taxes and Fees to be imposed within the District. The District 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 Section 32-1-1001(1), C.R.S., as
amended from time to time.
At least sixty-three (63) days prior to issuing any Debt, the District must provide notice
of its intent to issue Debt to the City Attorney. At least thirty-five (35) days prior to issuing any
Debt, the District must submit all relevant details of such issuance to the City Attorney, including
the proposed documents pursuant to which such Debt will be issued. On or before the date of
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issuance of any Debt, the District must provide the City Attorney with a letter dated the day of
issuance of such Debt prepared by the District’s counsel to the effect that the issuance of the Debt
complies with the provisions of this Service Plan, the City Code and applicable State law.
2. Maximum Voted Interest Rate and Maximum Underwriting Discount. The
interest rate on any Debt is expected to be the market rate at the time the Debt is issued. The
maximum interest rate on any Debt shall not exceed twelve percent (12%). The maximum
underwriting discount shall not exceed five percent (5%). Debt, when issued, will comply with
all relevant requirements of this Service Plan, the Intergovernmental Agreement, State law and
Federal law as then applicable to the issuance of public securities.
3. Maximum Debt Mill Levy.
(a) The “Maximum Debt Mill Levy” shall be the maximum mill levy the
District is permitted to impose upon the taxable property within the District
for payment of Debt, exclusive of the BRI Mill Levy and the Operation
and Maintenance Mill Levy, and shall be [__] [NOT TO EXCEED 50
mills] provided, that the Maximum Debt Mill Levy shall be adjusted
annually to increase or decrease the maximum mill levy rate so that, to the
extent possible, the actual tax revenues generated by the Maximum Debt
Mill Levy are neither diminished nor enhanced as a result of (i) the
assessment rate for commercial real property being increased or decreased
from twenty-five percent (25%) of the actual value of the property, or (ii)
any constitutionally or statutorily mandated tax credit, cut, abatement or
reduction in actual value enacted after January 1, 2026.
(b) All Debt issued by the District must be issued in compliance with the
requirements of Section 32-1-1101, C.R.S., and all other requirements of
State law.
(c) To the extent that the District is composed of or subsequently organized
into one or more subdistricts as permitted under Section 32-1-1101, C.R.S.,
the term “District” as used herein shall be deemed to refer to the District
and to each such subdistrict collectively, so that the limitations contained
in this Service Plan will apply to the District and to each subdistrict on a
collective basis, including but not limited to the limitation on total Debt,
Maximum Debt Mill Levy and Operation and Maintenance Mill Levy. For
example, if a subdistrict levies twenty mills on property within its
boundaries for debt service on Debt, then the District is only permitted to
levy up to the Maximum Debt Mill Levy less twenty mills on the same
property for debt service on Debt so that the Maximum Debt Mill Levy is
not exceeded with respect to the property within the subdistrict’s
boundaries.
4. Maximum Combined Mill Levy.
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(a) The Maximum Combined Mill Levy, which includes both the Maximum
Debt Mill Levy and the Maximum Operation and Maintenance Mill Levy,
shall not exceed [__] [NOT TO EXCEED 65]; provided, that the
Maximum Combined Mill Levy shall be adjusted annually to increase or
decrease the maximum mill levy rate so that, to the extent possible, the
actual tax revenues generated by the Maximum Combined Mill Levy are
neither diminished nor enhanced as a result of (i) the assessment rate for
commercial real property being increased or decreased from twenty-five
percent (25%) of the actual value of the property, or (ii) any
constitutionally or statutorily mandated tax credit, cut, abatement or
reduction in actual value enacted after January 1, 2026. The Regional
Improvement Mill Levy shall not be counted against the Maximum
Combined Mill Levy.
(b) The District may impose an ad valorem tax (a mill being equal to 1/10th of
1 cent) upon the Taxable Property within the District for the purpose of
paying the debt service requirements on District Debt, subject to the
Maximum Combined Mill Levy. The Maximum Debt Mill Levy shall not
exceed 50 mills, provided that at such time as the total amount of aggregate
Debt of the District is equal to or less than fifty percent (50%) of the
District’s assessed valuation, either on the date of issuance of any Debt 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 if End Users
cast the majority of affirmative votes taken by the Board at the meeting
authorizing such action, and, as a result, the mill levy may be such amount
as is necessary to pay the debt service on such Debt, and the Board may
further provide that such Debt shall remain secured by such increased mill
levy, notwithstanding any subsequent change in the District’s Debt to
assessed value ratio.
5. Maximum Debt Mill Levy Imposition Term. The District shall have the authority
to impose the BRI Mill Levy in accordance with Article VI. The District shall not impose a levy
for repayment of any Debt (or use the proceeds of any mill levy for repayment of Debt) on any
single property for more than forty (40) years after the year of the initial imposition of such mill
levy (the “Maximum Debt Mill Levy Imposition Term”). Any amount of principal and/or accrued
interest that remains unpaid upon the expiration of the Maximum Debt Mill Levy Imposition
Term shall be deemed to be forever discharged (the “Termination Date”) regardless of the amount
of principal and interest paid prior to the Termination Date.
6. Debt Repayment Sources. The District may impose a mill levy on Property within
its boundaries as a primary source of revenue for repayment of debt service. The District may
also rely upon various other revenue sources authorized by law. At the District’s discretion, these
may include the power to assess fees, rates, tolls, penalties, or charges as provided in Section 32-
1-1001(l), C.R.S., as amended from time to time. In no event shall the debt service mill levy in
the District exceed the Maximum Debt Mill Levy or be imposed for longer than the Maximum
Debt Mill Levy Imposition Term.
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7. Debt Instrument Disclosure Requirement. In the text of each Bond and any other
instrument representing and constituting Debt, the District shall set forth a statement in
substantially the following form:
By acceptance of this instrument, the owner of this Bond agrees and
consents to all of the limitations in respect of the payment of the principal
of and interest on this Bond contained herein, in the resolution of the
District authorizing the issuance of this Bond and in the Service Plan for
creation of the District.
Similar language describing the limitations in respect of the payment of the principal of
and interest on Debt set forth in this Service Plan shall be included in any document used for the
offering of the Debt for sale to persons, including, but not limited to, a developer of property
within the boundaries of the District.
8. Security for Debt. The District shall not pledge any property of the City as security
for the Debt set forth in this Service Plan. Approval of this Service Plan shall not be construed as
a guarantee by the City of payment of any of the District’s obligations; nor shall anything in the
Service Plan be construed so as to create any responsibility or liability on the part of the City in
the event of default by the District in the payment of any such obligation.
9. TABOR Compliance. The District will comply with the provisions of TABOR.
In the discretion of the Board, the District 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 the District will remain under the control of the Board.
10. District’s Operating Costs.
The estimated cost of acquiring land, engineering services, legal services and
administrative services, together with the estimated costs of the District’s organization and initial
operations, are anticipated to be [____________] Dollars ($[____]), which will be eligible for
reimbursement from Debt proceeds.
In addition to the capital costs of the Public Improvements, the District will require
operating funds for administration and to plan and cause the Public Improvements to be
constructed and maintained. The first year’s operating budget is estimated to be $[__________]
which is anticipated to be derived from the Operation and Maintenance Mill Levy and other
revenues.
It is anticipated that the Developer will advance funds to the District to pay its operating
costs until such time as the District have sufficient revenue from its Operation and Maintenance
Mill Levy. The District shall be authorized to reimburse the Developer for such advances with
interest, provided, however that such interest shall be calculated as simple interest and shall not
allow for the accrual of compound interest.
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Failure to observe the requirements established in this Article VII. shall constitute a
material modification pursuant to Section 32-1-207, C.R.S., and shall entitle the City to all
remedies available at law and in equity.
11. Subdistricts. The District may organize subdistricts or areas as allowed by
Section 32-1-1101(1)(f), C.R.S., but only with prior approval of the City Council, and any such
subdistricts or areas shall be subject to all limitations on debt and other provisions of the Service
Plan to the same extent as the District.
ARTICLE VIII: ANNUAL REPORT
1. General. The District shall be responsible for submitting an annual report to the
City Clerk and the City Attorney no later than October 1st of each year following the year in
which the Order and Decree creating the District has been issued.
2. Standard Reporting Requirements of Significant Events. The annual report shall
include information as to any of the following:
(a) A narrative summary of the progress of the District’s implementation of
the Service Plan.
(b) Boundary changes made or proposed to the District’s boundary.
(c) Intergovernmental agreements entered into or terminated with other
governmental entities.
(d) Copies of the District’s rules and regulations, if any, adopted by the Board.
(e) A summary of any litigation which involves the District Public
Improvements.
(f) Status of the District’s construction of the Public Improvements.
(g) A list of all facilities and improvements constructed by the District that
have been conveyed or dedicated to the City.
(h) The final assessed valuation of the District as of December 31 of the
reporting year.
(i) A copy of the current year budget including a description of the Public
Improvements to be constructed in such year.
(j) A copy of the audited financial statements of the District or audit
exemption, if applicable.
(k) Notice of any uncured events of default by the District, which continue
beyond a ninety (90) day period, under any Debt instrument.
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(l) Any inability of the District to pay its obligations as they come due, in
accordance with the terms of such obligations, which continue beyond a
ninety (90) day period.
(m) Any additional information the District believes important to report.
(n) Any additional information required by the City Code.
3. Additional Reporting Requirements. The annual report shall also include the
following:
(a) summary of the amount and terms of any new district indebtedness or
long-term obligations issued in the report year;
(b) summary of the amount of payment or retirement of existing
indebtedness of the district in the report year;
(c) the current mill levy of the district pledged to debt retirement in the
report year;
(d) a summary and detailed disclosure of the capital expenditures incurred by
the district in development of improvements in the report year;
(e) [LIST OF ADDITIONAL REQUIREMENTS]
ARTICLE IX: TRANSPARENCY
The District shall be responsible for maintaining a publicly accessible website in
compliance with the Special District Act for purposes of further public transparency. The District
shall keep the information updated in a timely manner. The District shall update the information
in a timely manner.
ARTICLE X: DISSOLUTION
In the event the District has not issued Debt within five (5) years from the date the order
and decree organizing the District was recorded in the Boulder County Clerk and Recorder’s
office, the District shall provide an update to City Council on the status of the District, including
the estimated completion of public improvements to serve the District and plans for the issuance
of Debt, and upon review, the City Council may either require the District to submit an
amendment to the Service Plan to reflect the status of public improvements and issuance of Debt
as well as any other revisions determined necessary by the City Council, or the City Council may
require the District to initiate dissolution proceedings, as evidenced by a resolution of the City
Council. In the absence of approval by the City Council of an amendment to the Service Plan that
extends the 5-year debt issuance deadline, the authorized purposes and powers of the District shall
automatically be curtailed and expressly limited to taking actions reasonably necessary to
dissolve, and the Board and the City Council will be deemed to have agreed to the dissolution
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without election pursuant to Section 32-1-704(3)(b), C.R.S., and the District shall thereupon
dissolve.
Upon an independent determination of the City Council that the purposes for which the
District was created have been accomplished, the District agrees to file petitions in the appropriate
District Court for dissolution, pursuant to the applicable State statutes, and to in good faith take
all actions necessary to accomplish the dissolution. In no event shall a dissolution occur until the
District has provided for the payment or discharge of all of their outstanding indebtedness and
other financial obligations as required pursuant to State statutes.
ARTICLE XI: REQUIRED DISCLOSURES
The District will use reasonable efforts to assure that all developers of the Property located
within the District provide written notice to all purchasers of property in the District, prior to the
execution of any contract for the purchase of property in the District, regarding the Maximum
Debt Mill Levy, as well as a general description of the District’s authority to impose and collect
rates, Fees, tolls and charges. The form of notice shall be filed with the City prior to the initial
issuance of the Debt by the District. The form of notice shall substantially comply with the Model
Notice Exhibit E. The city manager shall have the sole discretion to determine whether the form
of notice substantially complies with the form and content of the model notice. Any public
disclosures, to purchasers or otherwise, shall comply with state law as currently in effect or as
hereafter amended.
ARTICLE XII: INTERGOVERNMENTAL AGREEMENT
The form of the Intergovernmental Agreement required by the City Code, relating to the
limitations imposed on the District’s activities, is attached hereto as Exhibit D. The District shall
approve the Intergovernmental Agreement in the form attached as Exhibit D at its first Board
meeting after its organizational election. The intergovernmental agreement shall be executed by
the President of the Board at the first Board meeting after its organizational election and submitted
to the City Attorney for review and execution by the City. Failure of the District to execute the
intergovernmental agreement as required herein shall constitute a material modification and shall
require a Service Plan Amendment.
ARTICLE XIII: AMENDMENT REQUIREMENT
This Service Plan has been designed with sufficient flexibility to enable the District to
provide required services and facilities under evolving circumstances without the need for
numerous amendments. Actions of the District which violate the limitations set forth in Articles
V. or in VII.2.-11. above or requirements set forth in the Intergovernmental Agreement shall be
deemed to be material modifications to this Service Plan and the City shall be entitled to all
remedies available under State and local law.
Should the District undertake any act which constitutes a material modification to the
service plan, the City Council may impose one or more of the following sanctions, as it deems
appropriate:
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(a) Exercise any applicable remedy under the Special District Act.
(b) Withhold the issuance of any permit, authorization, acceptance or other
administrative approval or withhold any cooperation necessary for the
district's development or construction or operation of improvements or
provision of services.
(c) Exercise any legal remedy under the terms of any intergovernmental
agreement under which the District is in default.
(d) Exercise any other legal remedy, including seeking injunctive relief
against the District, to ensure compliance with the provisions of the
service plan or applicable law.
All remedies available to the City under this Article XIII shall be cumulative and non-
exclusive.
The District shall pay to the City any fees and costs incurred by the City in connection
with the enforcement of this Service Plan or the protection of the City’s rights hereunder,
including reasonable attorneys’ fees.
ARTICLE XIV: CONCLUSION
It is submitted that this Service Plan for the District, as required by Section 32-1-203(2),
C.R.S., and Chapter 8-12, “Metropolitan Districts,” B.R.C. 1981, , establishes that:
1. There is sufficient existing and projected need for organized service in the area to
be serviced by the District;
2. The existing service in the area to be served by the District is inadequate for
present and projected needs;
3. The District is capable of providing economical and sufficient service to the area
within its proposed boundaries; and
4. The area to be included in the District has, or will have, the financial ability to
discharge the proposed indebtedness on a reasonable basis.
A-1
EXHIBIT A
Legal Descriptions
B-1
EXHIBIT B
Boulder Vicinity Map
C-1
EXHIBIT C-1
Initial District Boundary Map
C-2
EXHIBIT C-2
Inclusion Area Boundary Map
D-1
EXHIBIT D
Intergovernmental Agreement between the District and the City
E-1
EXHIBIT E
Model Notice
F-1
EXHIBIT F
Financial Plan
99636846.v1