Presentation to Garfield County Planning Commission July 28, 2010 Dianne Miller Miller Rosenbluth, LLC 700 17 th Street Suite 2200 Denver CO 80202 303.285.5320
RE North, RE South and RE East Overview of special districts Statutory requirements Why are these districts needed now? Special district provisions that protect property owners and the county Required and permissive findings
Rocky Shepard ◦ Carbondale Investments, LLC ◦ the property owner’s representative and organizer of the proposed districts Dianne Miller ◦ Miller Rosenbluth, LLC ◦ legal counsel to the proposed districts Sam Otero ◦ 8140 Partners, LLC ◦ engineer for the proposed districts Bruce O’Donnell ◦ Geo K Baum & Company ◦ financial advisor to the proposed districts
Summary of Significant Content of Service Plans
Carbondale Investments proposes 3 metropolitan districts on property owned by them to serve a residential and commercial community to be known as “River Edge Development” (the “Development”) The Development consists of approximately 239.94 acres and contains commercial development, up to 1200 units of residential development including the affordable housing component required by Article 8 of the Garfield County Unified Land Use Resolution.
The Districts are located between SH82 and the Roaring Fork River, south of CR113 and are bi-sected by the Roaring Fork Transportation Authority rail right-of-way
The Districts shall be empowered to provide the necessary public infrastructure improvements to the Development, including water, sanitary sewer, storm drainage, streets, traffic control, park and recreation, transportation and other public facilities and services as permitted by statute The estimated cost of the improvement is $60,354,388 based on the maximum build out scenario in the Service Plans
The Districts will be empowered to operate and maintain any public infrastructure not dedicated to other governmental entities. The anticipated cost of annual operations and maintenance, at full built out, is $1,500,000 per year ◦ Carbondale Investments is currently re-negotiating certain terms of an existing pre-inclusion agreement with Roaring Fork Water & Sanitation District and anticipates that water and sewer services will be provided by RFW&S, although the RE Districts will remain obligated to construct all water and sanitary sewer facilities for the Development and will to operate the non-potable irrigation system
A mill levy of 45.00 mills is proposed to be assessed by the Districts generating approximately $34,300 per year for each $1,000,000 of assessed value. These tax revenues will be used to pay for each of the Districts’ operation expenses, maintenance costs and debt obligations ◦ 35 mills is anticipated to be dedicated to the payment of bonds and 10 mills to operations A facility fee of one percent (1%) of the home sale price of each residential unit shall be assessed within the North District and the South District and is expected to produce a total of $4,983,502 through 2045 User fees will be used to assist with operations. These fees may include, but not be limited to user fees charges for use of community facilities; user fees for potential internal transit system and a raw water system fee
The maximum general obligation indebtedness for the Districts is not expected to exceed $40,500,000 The Districts shall have a mill levy limitation of 50.00 mills, Gallagherized The Financial Plan anticipates a single bond issue in 2015 in the par amount of $27,000,000, the proceeds of which will reimburse Carbondale Investments for amounts they will expend on public infrastructure for the Development ◦ Carbondale Investments investment in the Development will greatly exceed the amount of proceeds available from bonds issued by the Districts
Historic and Current Trends and Information
Special Districts date back to the early mining camps in Colorado in the late 1800s. As the camps grew, the residents sought mechanisms to join together to provide certain essential services such as fire protection and sewer service. Special districts of one form or another have been utilized since that time Colorado special districts have been instrumental in providing public infrastructure to meet the growing needs of the state's population in the face of increasing demands on cities and counties to keep up with the ever-increasing need for urban services Source: http://www.sdaco.org/sites/default/files/attachments/ Guide_for_Citizens_da.pdf_5-29-09.pdf
Although special districts already existed, the legal structure was recognized by an authorizing act of the Colorado General Assembly in 1949 recognizing special districts as a form of local government created to provide certain municipal-type services in unincorporated or rural areas of the state. The General Assembly declared that special local government service districts could be created to provide necessary and desired services within designated boundaries In 1981, the General Assembly recodified all the statutory provisions relating to various types of special districts in what is referred to as the Special District Act. The Special District Act constitutes article 1 of Title 32 of the Colorado Revised Statutes, which is the general source of most of the statutory authorization, as well as limitations, upon the formation and operation of special districts Source: http://www.sdaco.org/sites/default/files/attachments/Guide_for_Citi zens_da.pdf_5-29-09.pdf
In 1981, the General Assembly recodified all the statutory provisions relating to various types of special districts in what is referred to as the Special District Act. The Special District Act constitutes article 1 of Title 32 of the Colorado Revised Statutes, which is the general source of most of the statutory authorization, as well as limitations, upon the formation and operation of special districts Special districts organized pursuant to Title 32 are quasi-municipal corporations and political subdivisions of the state of Colorado organized for specific functions. As such, their activities are subject to extensive statutory guidelines Source: http://www.sdaco.org/sites/default/files/attachments/Guide_for_Citizen s_da.pdf_5-29-09.pdf
◦ As of May 25, 2010, there are 3293 active local governments in the State 62 counties, ( Including Denver and Broomfield) 269 municipalities 1885 special districts, of which 1238 (65%) are metropolitan districts (Title 32) 1077 other local governments (highway and airport authorities, Title 29, 30 and 31 districts) Source: http://www.dola.state.co.us/dlg/local_governments/lgtypes.htm
◦ Property taxes supporting government services and facilities: Schools $3,267,970,264 50.2% Counties $1,602,002,645 25.2% Municipalities $ 335,814,890 5.3% Special Districts $1,156,024,406 18.1% Metropolitan Districts $ 338,049,347 5.3% ◦ Fire protection districts account for 30.36% ($350,386,306) and metropolitan districts account for 29.29% ($338,049,347) of the total amount shown above under Special Districts Source: http://www.dola.state.co.us/dpt/publications/docs/2008_annual_report/Overview_2008AnnualReportFinal0 60509.pdf http://www.dola.state.co.us/dpt/publications/do cs/2008_annual_report/SpecDistRevenue.pdf
◦ Special districts have proven to be increasingly popular tools in providing services. In 1995, there were 870 Title 32 special districts. Today there are approximately 1885 special districts. Nearly all of the growth in recent years is accounted for by the formation of new metropolitan districts ◦ All major developments in the state are are supported by special districts: Highlands Ranch, Inverness, Meridian, Denver Tech Center and Central Platte Valley and Union Station all are supported by special and metropolitan districts
The Sp Special ial District strict Ac Act (Title 32, article 1, C.R.S.) contains the legal framework for many types of special districts, including: ◦ Ambulance Districts ◦ Fire Protection Districts (may also provide ambulance and emergency medical and rescue services) ◦ Health Service Districts ◦ Metropolitan Districts ◦ Park and Recreation Districts ◦ Sanitation Districts ◦ Water Districts ◦ Water and Sanitation Districts ◦ Health Assurance Districts ◦ Mental Health Care Service Districts ◦ Tunnel Districts ◦ Forest Improvement Districts
Other common types of districts that are not governed by the Special District Act include: ◦ Business Improvement Districts ◦ Cemetery Districts ◦ Conservation Districts (soil) ◦ Downtown Development Authorities ◦ Irrigation Districts ◦ Library Districts ◦ Local Improvement Districts ◦ Pest Control Districts ◦ Public Improvement Districts ◦ Special Improvement Districts ◦ Water Conservancy Districts ◦ Water Conservation Districts
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