HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/16/2008 - PUBLIC HEARING AND RESOLUTION 2008-089 CONDITIONA R -
ITEM NUMBER: 24
AGENDA ITEM SUMMARY DATE: September 16, 2008
FORT COLLINS CITY COUNCIL STAFF: Mike Freeman
SUBJECT
Public Hearing and Resolution 2008-089 Conditionally Approving the Anheuser-Busch Park and
Recreation District Service Plan.
RECOMMENDATION
Staff recommends adoption of the Resolution.
FINANCIAL IMPACT
There is no financial impact on the City of Fort Collins. The proposed Anheuser-Busch Parks and
Recreation District(`District')contemplates imposing a 5 mill property tax,with a cap of 10 mills,
generating operations and maintenance income to the District and imposing user fees for some of
its facilities. The District boundaries contain property that, at present, is entirely owned by
Anheuser-Busch or affiliates of Anheuser-Busch, and would therefore not impose new taxes on
parties other than Anheuser-Busch or in the broader area around the District.
EXECUTIVE SUMMARY
Anheuser-Busch is proposing to create a Parks and Recreation District on approximately 18 acres
of the property immediately north of the Fort Collins brewery. The land in the District is proposed
to consist of two uses: a wildlife habitat area, and a softball field with related facilities. A Service
Plan for the District was submitted to the City on August 4, 2008.
For the City Council to approve the proposed Service Plan for the District, certain findings of fact
must be made that are outlined in State Statutes. Staff s opinion is that this District meets the
requirements.
BACKGROUND
The proposed District is a quasi-municipal corporation that is being formed to provide active and
passive park and recreational facilities and services for the general public. The active improvements
include a ballfield,parking lot,and walking trails. The active improvements will be available to the
public on a"first-come first-serve" basis. The passive improvements consist of a wildlife habitat
and a agricultural/ecological research area. Given the environmentally sensitive nature of the
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wildlife habitat,the applicant is proposing that access to the passive improvements be restricted for
research purposes and by appointment only to the general public.
A request for a District within the City limits is somewhat unusual. While the City has a policy
regarding the formation of Metropolitan Districts, it does not have a policy regarding park and
recreation districts. Special districts like a park and recreation district do differ from metropolitan
districts in that they have fewer powers. The proposed District further limits its powers as
demonstrated in the Service Plan submitted to the City.
Following is a summary of the proposed District:
Benefits to Anheuser-Busch by Creating the District:
1. Anheuser-Busch believes a District provides an additional level of legal protection should
someone get injured while using the facilities.
2. As a public entity,the District will ensure that the public facilities are cared for in a manner
that benefits the public and preserved for that purpose.
3. As a public entity, the District would be eligible to apply for grants and other funding
resources that as a private entity it is unable to access. There may also be opportunities to
partner with the other public agencies including the City to receive certain state-sponsored
grants to expand/operate the park facilities.
Summary of the Key Impacts by Creating the District:
1. The District will not issue debt: The District would have the power to assess fees,rates and
charges upon the users of the facilities as well as impose a small operational mill levy (10
mill cap).The District is proposing to impose a 5 mill property tax beginning in 2010 which
is expected to generate$133,000 annually to the District. The District would have no ability
to issue bonds or any other instruments of debt.
2. The District will not use Eminent Domain: The District is leaving open the option that the
City may use Eminent Domain to construct public improvements within the District, in
which case the District and City will enter into an intergovernmental agreement concerning
the use of eminent domain.
3. The principal purpose of the District is to maintain current parks and recreation facilities:
This type of district (i.e., Parks and Recreation) is established under Title 32 of Colorado
Statutes and only provides for the construction, installation, operation and maintenance of
public park and recreation facilities. In this case, the District would only operate and
maintain existing facilities, with the ability to reconstruct or repair those improvements as
necessary over time.
4. The District may dedicate the parks and recreation facilities (called improvements in the
Service Plan) to the City, but that is not currently being proposed.
5. The District would be formed by late 2008. If the Plan is approved, Anheuser-Busch will
file a petition in Larimer County District Court seeking permission to hold an organizational
election,to be done by mail, on November 4,2008. This is when the electors of the District
will vote on several questions regarding the organization of the District. Once the election
is over, the court may issue an Order and Decree organizing the District.
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6. The District will dissolve after 40 years: The District would have an initial term of 20 years
then could be renewed for two ten year extensions with City Council approval (this is
consistent with the City's policy on Metropolitan Districts).
7. The District could work with the City to help develop additional park property: The District
is willing to help the City acquire property from Anheuser-Busch for a community park to
the benefit of the citizens of Fort Collins. The District also is willing to enter into an
Intergovernmental Agreement ("IGA") after it is formed to specify how this cooperative
arrangement would take place.
8. The District will file an annual report: The District is required to file an annual report with
the City Clerk not later than September 1 st of each year for the year ending the preceding
December 31 st.
9. The District will not apply, or allow others to apply, for any Great Outdoors Colorado or
other state, federal or local government grants without the City's consent.
Analysis of the Service Plan
City staff has reviewed the proposed Service Plan for the District and evaluated the proposal by
addressing a series of questions that are outlined with the answers below:
Q1. Is there a sufficient existing and projected need for the services in the area of the District?
AI. The City currently has no plans to develop a neighborhood park near the District although
a community park is planned for the future. This District would provide the neighborhood
park services the City has not planned to provide.
Q2. Are the existing services in the area of the District inadequate for present and projected
needs?
A2. Yes, existing services in the area of the District are inadequate for present and projected
parks and recreation needs. There are no other ball fields,playgrounds, or picnic areas in
the area of the District.
Q3. Adequate services are not,or will not be available to the area through another governmental
entity(county, city or special district) within a reasonable time and at a comparable basis?
A3. The parks and recreation facilities to be provided by the District are similar to those
provided by atypical neighborhood park The County does notprovide neighborhood parks
and there are no special districts in the area to provide these services. The City of Fort
Collins does develop neighborhoodparks for City residents, utilizingfundingfrom a capital
expansion (impact) fee on new residential construction to develop these parks. A
neighborhoodparkgenerally serves a square mile residential area. The City does not intend
to develop a neighborhood park within a mile of the proposed district because this area is
not zoned for residential development. Because there won't be any homes in the area there
is no need for a neighborhood park to serve residents and there is no funding source to pay
for the park.
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Q4. The proposed services and facilities are compatible with the services and facilities within the
City?
A4. Yes, the services proposed by the District are similar to those provided by a City
neighborhood park At this time, the services are most likely to be of greatest benefit to
Anheuser-Busch employees rather than nearby home owners because at this time there are
few adjacent residences and the Anheuser-Busch employees will be in this vicinity often by
virtue of their employment nearby. These services and facilities are compatible with those
offered by the City.
Q5. The proposal is in substantial compliance with a master plan?
A5. The City's Parks and Recreation Policy Plan does not call for the development of a
neighborhood park in the area of the District but does not specifically address possible
needs in this area. The creation of the District is not inconsistent with the Plan and is in
substantial compliance with the portions of the Plan that relate to this proposal.
Q6. The proposal is in the best interests of the area to be served?
A6. Yes, the proposal is in the best interest ofthe area to be served because the services will be
enjoyed by people employed in the area and would likely not be available in the future
absent the creation of the District.
Q7. Does the proposed District have the financial ability to provide the services at an economical
and sufficient level of service?
A7. The District is proposing a 5 mill property tax with the ability to increase to 10 mills (the
cap on the rate). An additional source of revenue are user fees for the use of the
improvements. Therefore, the District has sufficient financial ability to provide for the
ongoing parks and recreational services in the District boundaries.
Summary of Findings
Based on the staff review of the proposed District and in assessing the criteria upon which a District
may be formed, staff recommends that the City Council conditionally approve the Service Plan
requested by the applicant. The contingency that needs to be addressed to meet full approval is that
the District enter into an intergovernmental agreement to cooperatively work on developing a
community park and pursuing grant funds such as Great Outdoors Colorado (GOCO).
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RESOLUTION 2008-089
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CONDITIONALLY APPROVING THE ANHEUSER-BUSCH PARK AND
RECREATION DISTRICT REGARDING ANHEUSER-BUSCH PARK AND
RECREATION DISTRICT SERVICE PLAN
WHEREAS, Title 32 of the Colorado Revised Statutes allow for the formation of a variety
of governmental entities to finance and operate public services and infrastructure; and
WHEREAS, a park and recreation district is a special district is one type of the entity
authorized by Article 1, Title 32, Part 2 of the Colorado Revised Statutes (the "Special District
Act'); and
WHEREAS,park and recreation districts have not historically been used within the City;and
WHEREAS, the City Council has held a public hearing on the Anheuser-Busch Park and
Recreation District Service Plan (the "Service Plan") after due notice; and
WHEREAS, the City Council has reviewed the Service Plan and considered the testimony
and evidence presented at the public hearing; and
WHEREAS,it appears that City Council should approve the Service Plan for the Anheuser-
Busch Park and Recreation District (the "District') based on the findings and subject to certain
conditions all as set forth below.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council determines,based on representations by and on behalf
of Anheuser-Busch, Incorporated (the "Petitioner"): the requirements of the Special District Act
relating to the filing of a Service Plan for the proposed District have been fulfilled and that notice
of the hearing was given in the time and manner required by law.
Section 2. That the City Council has jurisdiction over the subject matter of the proposed
District pursuant to the Special District Act.
Section 3. That the City Council hereby finds and determines that based on the Service
Plan and other evidence presented by and on behalf of the Petitioner:
1. there is sufficient existing and projected need for organized services in the area to be
serviced by the District;
2. the existing service in the area to be served by the District is adequate for present and
projected needs;
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3. the District is capable of providing economical and sufficient service to the area
within its proposed boundaries;
4. the area to be included in the District has, or will have, the financial ability to
discharge the proposed financial obligations on a reasonable basis;
5. the facility and service standards of the District are compatible with the City's facility
and service standards;
6. the District is in compliance with the City Park Plan for the area; and
7. the creation of the District will be in the best interests of the area proposed to be
served.
Section 4. That the Service Plan for the District as set forth in Exhibit A attached hereto
and incorporated herein by this reference and dated August 4,2008 is hereby conditionally approved
with the contingency that the Developer and the City enter into an intergovernmental agreement to
cooperatively develop a City-owned community park in the north section of the City and that the
District obtain the City's consent to apply for grants.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th
day of September, A.D. 2008.
Mayor
ATTEST:
City Clerk
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EXHIBIT "A"
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NH U`SE� BUSCH PARK AND
RECREATION IST CT
SERVICE P .
CITY OF FORT COLLINS,,COLORADO
SUBMITTED AUGUST 41, 2008
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ANHEUSER BUSCH PARK AND RECREATION DISTRICT
TABLE OF CONTENTS
I. INTRODUCTION.................................................................................................................I
II. PURPOSES OF THE DISTRICT........................................................................................3
III. PROPOSED DISTRICT BOUNDARIES/MAPS...............................................................4
a. District Boundaries and Map...................................................................................4
b. Inclusions of Property........................................................................4
C. Eminent Domain...............................................................................4
IV. POPULATION PROJECTIONS/ASSESSED VALUATION...........................................5
V. DESCRIPTION OF DISTRICT POWERS, SERVICES AND IMPROVEMENTS......5
a. Description of Existing Conditions ..........................................................................6
b. Services to be Provided by other Governmental Entities......................................6
VI. ESTIMATED COSTS OF THE IMPROVEMENTS.........................................................6
VII. ESTIMATED COSTS OF OPERATION AND MAINTENANCE..................................7
VIII. FINANCING PLAN/PROPOSED INDEBTEDNESS........................................................7
a. Financing Plan...........................................................................................................8
b. Bond Issuance and Debt Authorization...................................................................8
C. Mill Levy Cap.............................................................................................................9
d. Revenue Sources........................................................................................................9
e. Financing Plan Conclusions......................................................................................10
IX. MODIFICATION OF SERVICE PLAN.............................................................................10
X. INTERGOVERNMENTAL AGREEMENTS....................................................................11
XI. RESOLUTION OF APPROVAL.........................................................................................12
XII. DISSOLUTION..........................................................................................11
XIII. ANNUAL REPORT....................................................................................12
XIII. CONCLUSION......................................................................................................................14
ANHEUSER BUSCH PARK AND RECREATION DISTRICT
SERVICE PLAN
I. INTRODUCTION
This Service Plan for the Anheuser Busch Park and Recreation District (the "District") is
being submitted by Anheuser-Busch, Incorporated, a Missouri corporation the ("Petitioner"),
pursuant to the requirements of the Special District Control Act, Section 32-1-201, et seq.,
Colorado Revised Statutes ("Special District Act'). The District shall have all of the powers of a
park and recreation district described in §§ 32-1-1001 and 32-1-1005, et seq., C.R.S.
This Service Plan has been prepared by the Petitioner, (also called the "Organizer"), and
the following participating consultants:
Petitioner District Counsel
Anheuser Busch, Inc. Miller Rosenbluth, LLC
Ted Powers . Dianne D. Miller,Esq.
Anthony Taylor 700 17th Street, Suite 2200
One Busch Place, 202-8 Denver, Colorado 80202
St. Louis, MO 63118 (303) 285-5320
(314) 577-4811 (303) 285-5330—facsimile
(314) 577-7616— facsimile dmiller@miller-rosenbluth.com
ted.powers@anheuser-busch.com
Anthony.taylor@anheuser-busch.com
Engineer
Nolte Associates,Inc.
Todd Beers
8000 S. Chester Street, Suite 200
Centennial, CO 80112
(303)220-6400
(303)220-9001 —facsimile
Todd.beers@nolte.com
Pursuant to.the requirements of the Special District Control Act, §§ 32-1-201, et seq.,
C.R.S., this Service Plan consists of a financial analysis and an engineering plan showing how
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the proposed facilities and services of the District will be provided and financed. As required by
§ 32-1-202(2), C.R.S., the following items, to the extent applicable to this District, are included
in this Service Plan:
a. A description of the proposed services;
b. A financial plan showing how the proposed services are to be financed, including
all elements required by § 32-1-202(2)(b), C.R.S.;
C. A preliminary engineering or architectural survey showing how the proposed
services are to be provided;
d. A map of the proposed District's boundaries and an estimate of the population
and valuation for assessment of the proposed District;
e. A general description of the facilities to be constructed and the standards for
construction, including a statement of how the facility and service standards of the
proposed District are compatible with facility and service standards of Fort
Collins, Colorado (the "City ) and special districts that are interested parties
pursuant to § 32-1-204(1), C.R.S.;
f. A general description of the estimated cost of acquiring land, engineering
services, legal services, administrative services, initial proposed indebtedness,
estimated proposed maximum interest rates and discounts, and other major
expenses related to the organization and initial operation of the District; and
g. A description of any arrangement or proposed agreement with any political
subdivision for the performance of any services between the proposed District and
such other political subdivision.
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II. PURPOSES OF THE DISTRICT
The District is a quasi-municipal corporation that is being organized to provide active and
passive park and recreational facilities and services for the general public welfare. Such active
park and recreation facilities shall include a ballfield, parking lot, walking trails and all
appurtenances (collectively, the "Active Improvements"); further, the District shall provide
passive facilities and services within its boundaries including, without limitation, a wildlife
habitat and agricultural/ecological research area (collectively, the "Passive Improvements").
Collectively, the Active Improvements and the Passive Improvements shall be referred to herein
as the "Improvements." The Improvements will be for the use and benefit of the taxpayers and
users of the District's infrastructure. Upon completion, certain of the Improvements may be
dedicated to the City or to such other governmental entity as may be appropriate. Improvements
not dedicated to the City or other governmental entities shall remain the obligation of the
District.
The District shall have no debt authorization to issue bonds or finance the construction of
any Improvements within its boundaries. The primary source of District revenue shall be from
the imposition of user fees, charges and rates to offset the costs of providing the Improvements.
The District shall also impose an operational and maintenance mill levy upon all property
contained within its boundaries to help pay for its administrative costs and expenses.
The District is not presently served with the facilities or services proposed to be provided
by the District, nor does the City or any other special district within the City have any plans to
provide such facilities or services within a reasonable time and on a comparable basis. The use
of the District to construct, operate and maintain the Improvements will allow for the provision
of requisite public infrastructure and other attractive public amenities, directly benefiting the
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public's welfare in the process. Thus, organization of the District will promote both the interests
of the present and future property owners and taxpayers within the District, as well as the general
interests of the City.
III. PROPOSED DISTRICT BOUNDARIES/MAPS
a. District Boundaries and Man
The initial boundaries of the District is approximately Eighteen and Three-Hundred and
Forty-Four Thousandths of One (18.344) acres, as more particularly described in Exhibit A,
attached hereto and incorporated herein by reference, and as referred to in a boundary and
vicinity map of the District, attached hereto and incorporated herein as Exhibit B and Exhibit C,
respectively.
b. Inclusions
The District, pursuant to applicable law, may only include other properties into its
boundaries which are solely owned by the Petitioner and its affiliates and which are dedicated for
wildlife habitat, park and recreation and/or scientific purposes. The District shall provide notice
of such property inclusion to the City prior to holding any public hearing pertaining to the same.
Any other inclusions or exclusions of property into or out of the boundaries of the District not
otherwise described herein shall require the prior approval of the City Council.
C. Eminent Domain
The District is prohibited from using the powers of eminent domain or dominant eminent
domain. However, the City may choose to exercise its powers of eminent domain to construct
public improvements within the District, in which case the District and the City will enter into an
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intergovernmental agreement concerning the public improvement and funding for the use of
eminent domain.
IV. POPULATION PROJECTIONS/ASSESSED VALUATION
The property within the boundaries of the District is currently zoned for commercial,
industrial and agricultural use. There is no anticipated permanent population of the District. The
current assessed value of the property within the boundaries of the District is Twenty-Six
Million, Six Hundred and Forty-Five Thousand and Thirty Dollars ($26,645,030); as the
property located within the boundaries of the District has not been parceled separately by the
Larimer County Assessor, this assessed value represents the total value of the property located
within and without the boundaries of the District which is owned by the Petitioner. The
Petitioner is also the owner of all of the property to be located within the boundaries of the
District and has consented to the formation of the District, which consent is attached hereto as
Exhibit D and incorporated herein by this reference.
V. DESCRIPTION OF DISTRICT POWERS, SERVICES AND IMPROVEMENTS
The District will provide for the continued operation and maintenance of those
Improvements which it is permitted to maintain under applicable law. Such Improvements may
include the Passive Improvements, the Active Improvements, monumentation and appurtenant
facilities thereto. To preserve the delicate ecological balance contained within the designated
wildlife habitat, the District anticipates that the Passive Improvements will be available to the
general public and for research purposes on an appointment basis only. The District anticipates
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that the Active Improvements will be available for use on a "first-come, first served" basis. The
District shall have no debt authorization with which to finance the construction or installation of
the Improvements and its powers shall be limited to providing maintenance services for those
Improvements otherwise constructed.
a. Description of Existing Conditions
The Improvements have already been established and constructed in the area located
within the District's boundaries.
b. Services to be Provided by other Governmental Entities
The City or other appropriate governmental entities provide all of the necessary facilities
and services to the property located within the boundaries of the District, including, without
limitation, streets, water, sewer, storm drainage and fire protection services and facilities.
VI. ESTIMATED COSTS OF THE IMPROVEMENTS
The District will not provide for any of the construction or installation of any of the
Improvements, but may reconstruct or rebuild certain Improvements over time as necessary
solely for maintenance purposes. The District's purpose primarily is to operate and maintain
those Improvements already in existence; therefore, the estimated cost of construction of the
Improvements for the District shall be Zero Dollars ($0.00). The District shall have no debt
authorization to issue any bonds or other financial obligations to finance any construction or
installation of Improvements, as such tasks shall be undertaken by other appropriate
governmental or private entities.
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VIL ESTIMATED COSTS OF OPERATION AND MAINTENANCE
The present preliminary status of the property located within the District does not allow
for an accurate estimation of the costs of operating and maintaining the Improvements.
However, the Mill Levy Cap, as defined in Section VIJLD below, is capped at ten (10.000) mills,
pursuant to the terms of the Financing Plan and this Service Plan. The District shall use all
revenues received, less any costs incurred for administrative, accounting, legal or engineering
services associated with the organization and operation of the District, to finance its operation
and maintenance obligations. The District intends to rely primarily upon fees, rates and charges
to fund its operations and maintenance obligations and that the imposition of a mill levy will
only be used to supplement such revenue sources to cover administrative expenses. Fees, rates
and charges may be imposed and collected by the District to the extent necessary to supplement
other District revenues available for these purposes. In this regard, the District anticipates
imposing fees, rates or charges for use of the Active Improvements in an amount commensurate
with what the City charges to the general public for the use of its own park and recreation
facilities. Additionally, the District will impose such fees, rates and charges for use of the
Passive Improvements only to the extent to offset those costs and expenses incurred by the
District in association with the public's use of the wildlife habitat area; such costs may include,
without limitation, the expense of maintaining a permanent staff, guides and/or security for the
continued enjoyment of the Passive Facilities. It is intended that the Passive Improvements will
remain available to the general public on an "appointment only" basis for providing educational
or scientific research opportunities.
VIIL FINANCING PLAN/PROPOSED INDEBTEDNESS
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a. Financing Plan
The proposed 2009 budget for the District, which is presented as the Financing Plan, and
which is attached as Exhibit E, includes estimated administrative costs, operation and
maintenance costs and other major expenses related to the operation of the District. The District
projects no issuance of the debt. As the District will have no authorization to issue debt, typical
financing plan provisions will not apply; consequently, there is no discussion in this Service Plan
of types, manner and terms of bonds or other debt obligations which the District may issue or
any restrictions or conditions placed upon the District's debt service mill levy. The Financing
Plan anticipates the means of funding the operation and maintenance services to be provided for
by the District. A mill levy of five (5.000) mills which will be imposed and collected in 2010
and thereafter, in conjunction with the imposition of fees, rates and charges, is estimated to be
sufficient to maintain the hnprovements. The Financing Plan demonstrates that, at various
projected levels of development, the District has the ability to finance the services identified
herein.
b. Bond Issuance and Debt Authorization
The District shall have no debt authorization pursuant to the terns of this Service Plan to
issue bonds or other debt. Rather, the District's only financing powers will be to impose an
operational mill levy upon all property located within its boundaries as well as to charge those
reasonable fees, rates and charges related to the provision of its maintenance services. All
financial obligations of the District are subject to the Mill Levy Cap and other limitations as set
forth below. Although the District is not authorized to issue revenue or general obligation bonds,
other financial obligations necessary for the purchase or lease of equipment and supplies are
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explicitly authorized herein. The District is also authorized by statute and by this Service Plan to
enter into contracts and agreements for the maintenance services to be provided by it.
C. Mill Lew Cap
The "Mill Levy Cap" shall mean an ad valorem mill levy (a mill being equal to 1/10 of
10) imposed upon all taxable property in the District each year in an amount sufficient to pay the
District's administration, warranty, maintenance and other operating expenses. Upon
organization, the District's Mill Levy Cap shall be ten (10.000) mills. Provided, however, that if
the ratio of actual valuation to assessed valuation is changed by legislative action, the Mill Levy
Cap provided herein will be increased or decreased (as to all taxable property in the District) to
reflect such changes so that, to the extent possible, the actual tax revenues generated by the mill
levy, as adjusted, are neither diminished nor enhanced as a result of such changes.
d. Revenue Sources
The District will be authorized to establish a system of fees, rates and charges, in
accordance with the Special District Act, to generate revenues for the payment of operating its
recreational facilities. Other sources of revenue to the District may include ad valorem property
taxes, contributions from the organizer or others, interest income and specific ownership tax
revenues. The District may impose varying levels of fees, rates and charges upon property
contained within its boundaries for services rendered, in accordance with the Special District
Act, in recognition that there may be a differentiation of levels of usage among the users and
taxpayers of the District of the provided services. The proposed 2009 budget assumes use of the
Active Improvements for 240 events per year at an average charge of$75 per use and 96 hours
of guide time for the habitat areas at a rate of$40/hour. The District will adjust fees and charges
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as necessary; the intent of the District is to net the cost of maintenance and upkeep of the
facilities and habitat areas.
Variations in assessed valuation projections or other external factors may affect the mill
levy and the existence or amount of fees and charges from that set forth in the Financing Plan.
No funds or assets of the City will be pledged as security for the repayment of any obligations of
the District. The District will not pledge as security for the repayment of any obligation any
funds or assets to be transferred to the City.
e. Financing Plan Conclusions
This Article VIII described the nature, basis, method of funding, debt and mill levy
limitations, and other financial requirements and restrictions for the District's public
improvements program and operations. Together with the Financing Plan attached hereto as
Exhibit E and further described below, this Article VIII constitutes the financial plan for the
District as required by § 32-1-202(2)(b), C.R.S. The Financing Plan includes estimated
operations and administration costs (including estimated costs of warranty maintenance) and
other major expenses related to the organization and operation of the District. The Financing
Plan does not project for any issuance of the debt by the District. The Financing Plan
demonstrates that, at the projected level of development, and with the projected Petitioner
support, the e District has the ability to finance activities identified herein.
IX. MODIFICATION OF SERVICE PLAN
The District will obtain the approval of the City before making any material
modifications to this Service Plan. Material modifications include modifications of a basic or
essential nature including additions to the types of services provided by District, change in debt
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limit or change in revenue sources. City approval is not required for modifications to this
Service Plan necessary for the execution of maintenance of public improvements already
outlined in this Service Plan. If, after this Service Plan is approved, the Colorado State
Legislature includes additional powers or grants new or broader powers for special
districts by amendment to Part 10 of Article 1, Title 32, C.R.S., no such powers will be
available to or exercised by the District without the prior approval of the City Council.
If the District undertakes any act which constitutes a material modification to
this Service Plan, the City Council may impose one (1) or more of the following
sanctions, as it deems appropriate:
1. Exercise any applicable remedy available under Title 32, Article 1 of the
Colorado Revised Statutes; or
2. 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; or
3. Exercise any legal remedy under the terms of any intergovernmental
agreement under which the District is in default; or
4. Exercise any other appropriate legal or equitable remedy to ensure
compliance with the provisions of this Service Plan or applicable law.
X. INTERGOVERNMENTAL AGREEMENTS
The District and the City anticipate they will enter into an IGA regarding
joint grant proposals and cooperative facilities and programs development. The
IGA will be drafted after organization of the District.
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XI. RESOLUTION OF APPROVAL
The District incorporates the City Council's resolution approving this Service Plan,
including any conditions of approval, into this Service Plan as Exhibit F.
XII. DISSOLUTION
Absent the prior approval of the City Council, the District shall dissolve no more than
forty (40) years after this Service Plan is initially approved by the City Council. The District
shall be obligated to obtain the approval of the City Council twenty (20) years after the
organization of the District (and every ten (10) years thereafter) to continue providing operations
and maintenance services; provided, however, that failure to obtain such approval shall not be
considered a material modification of this Service Plan unless such approval is not obtained
forty-five (45) days after written notice to the District by the City of the need to request such
approval.
XIII. ANNUAL REPORT
The District shall file an annual report not later than September 1 of each year with the
City Clerk for the year ending the preceding December 31, the requirements of which may be
waived in whole or in part by the City Council or the City Manager.
Unless waived by the City Council or the City Manager, the Annual Report shall
include the following:
1. A narrative summary of the progress of the District in implementing its Service
Plan for the report year; and
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I
2. Except when exemption from audit has been granted for the report year under
applicable law, the audited financial statements of the District for the report year, including a
statement of financial condition (i.e.,balance sheet) as of December 31 of the report year and the
statement of operations (i.e., revenues and expenditures) for the report year; and
3. Unless disclosed within a separate schedule to the financial statements, a
summary of the capital expenditures incurred by the District in development of improvements in
the report year; and
4. Unless disclosed within a separate schedule to the financial statements, a
summary of the financial obligations of the District at the end of the report year, including the
amount of outstanding indebtedness, the amount and terms of any new District indebtedness or
long-term obligations issued in the report year, the amount of payment or retirement of existing
indebtedness of the District in the report year, the total assessed valuation of all taxable
properties within the District as of January 1 of the report year and the current mill levy of the
District pledged to debt retirement in the report year; and
5. Any other information deemed relevant by the City Council or deemed reasonably
necessary by the City Manager.
In the event the Annual Report is not timely received by the City Clerk or is not fully
responsive, notice of such default shall be given to the District Board at its last known address.
The failure of the District to file the Annual Report within forty-five (45) days of the mailing of
such default notice by the City Clerk may constitute a material modification of this Service Plan,
at the Discretion of the City.
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XIV. CONCLUSION
This Service Plan demonstrates that:
a. There is sufficient existing and projected need for organized service in the area to be
serviced by the District;
b. The existing service in the area to be served by the District is inadequate for present and
projected needs;
c. The District is capable of providing economical and sufficient service to the area within
its proposed boundaries;
d. The area to be included in the District has, or will have, the financial ability to discharge
its financial obligations on a reasonable basis;
e. The facility and service standards of the District are compatible with the facility and
service standards of each county within which the District is to be located and each
municipality which is an interested party under § 32-1-204(l), C.R.S.;
f. The proposal is in compliance with any duly adopted county, regional, or state long-range
water quality management plan for the area; and
g. The creation of the District will be in the best interests of the area proposed to be served.
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Exhibit A
Legal Description
i
EXHIBIT A
LEGAL DESCRIPTION:A PARCEL OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF
SECTION 33,TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE 6T" PRINCIPAL MERIDIAN, CITY OF
FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHWEST ONE-
QUARTER OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE 6T" PRINCIPAL
MERIDIAN, BEING MONUMENTED AT THE WEST END AT THE NORTHWEST CORNER OF SAID
SECTION 33 BY 3.25 INCH BRASS CAP STAMPED "1987 PLS 15278"AND AT THE EAST END AT
THE NORTH ONE-QUARTER CORNER OF SECTION 33 BY A 3.5 INCH BRASS CAP STAMPED"1987
PLS 15278"WITH THE LINE CONSIDERED TO BEAR S89057'42"E.
COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 33;
THENCE S82042'59"E, A DISTANCE OF 400.28 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY
LINE OF COUNTY ROAD NO. 52 AND THE POINT OF BEGINNING;
THENCE S89053'32"E ALONG THE SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 929.19
FEET;
THENCE S00005'49"W LEAVING SAID SOUTH RIGHT-OF-WAY LINE,A DISTANCE OF 805.19 FEET;
THENCE S89055'57"W,A DISTANCE OF 22.06 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 209.00 FEET,A
CENTRAL ANGLE OF 551642" DISTANCE OF 201.58 FEET TO A POINT OF NON-TANGENCY;
THENCE N89045'52"W, A DISTANCE OF 485.66 FEET;
THENCE N56046'44"W,A DISTANCE OF 9.73 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 600.00 FEET, A
CENTRAL ANGLE OF 13031'47", A DISTANCE OF 141.68 FEET TO A POINT OF TANGENCY;
THENCE N70018'31"W, A DISTANCE OF 77.90 FEET;
THENCE N02003'02"W,A DISTANCE OF 120.38 FEET;
THENCE S86041'56"W,A DISTANCE OF 36.92 FEET;
THENCE N00003'45"E, A DISTANCE OF 682.35 FEET TO THE POINT OF BEGINNING,
CONTAINING A CALCULATED AREA OF 799,064 SQUARE FEET OR 18.344 ACRES.
N:\DVB0305\Cadd\Survey\Legals&Exhibits\EXHIBIT A rev.doc
Page 1 of 2
I
I, EDWARD C. SILVER, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO
HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE
PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE,
INFORMATION AND BELIEF ARE CORRECT.
EDWARD C. SILVER, PROFESSIONAL LAND SURVEYOR DATE
COLORADO No. 37051
FOR AND ON BEHALF OF NOLTE ASSOCIATES, INC.
8000 S. CHESTER STREET, SUITE 200
CENTENNIAL, CO 80112
N:\DVB0305\Cadd\Survey\Legals& Exhibits\EXHIBIT A rev.doc
Page 2 of 2
i
Exhibit B
Boundary Map
i
LAND SURVEY PLAT
A PMnW CF RE NORPIE WE-WARR G SL P1 M. 1pNN5YlIP B N N RANG£89 N T Q"]NE M M O OPAL ME M
d a1 OF F T GOfIINS KLNTY CF L MMER.STAM L1"IXM MAM
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Exhibit C
Vicinity Map
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VICINITY MAP
NOT TO SCALE
i
Exhibit D
Owner Consent Letter
u Z / 2008
City of Fort Collins
City Hall West
300 LaPorte Ave.
Fort Collins, CO 80521
RE: Proposed Anheuser Busch Park and Recreation District(the"District")
To Whom It May Concern:
Anheuser-Busch, Inc., a Missouri corporation, is the owner of the property attached hereto as
Exhibit A, which property is proposed to constitute the boundaries of the District. The purpose
of this letter is to advise that 4 r/F, T,*ezle as A ��iro srenr�,,of Anheuser-
Busch,Inc.,consents to the organization of the'District.
ANHEUSER-BUSCH, INC.
STATE OF
ss
G k� t 9UN7Y OF S Z) )
Subscribed and sworn to before me on this day of S J\.�-\ 2008, by
as of Anheuser-Busch, Inc., a Missouri
corporation.
[SEAL]
ary Public
My commission expires 3 — — U
MARYANN MURRAY
NOTARY PUBLIC-NOTARY SEAL
STATE OF MISSOURI,Sr.LOUIS COUNTY
MY COMMISSION EXPIRES 08-01-09
COMMISSION#05402620
9290003
i
EXHIBIT A
EXHIBIT A
LEGAL DESCRIPTION:A PARCEL OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF
SECTION 33,TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE 6T PRINCIPAL MERIDIAN,CITY OF
FORT COLLINS,COUNTY OF LARIMER,STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS:BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHWEST ONE-
QUARTER OF SECTION 33,TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE 6T"PRINCIPAL
MERIDIAN, BEING MONUMENTED AT THE WEST END AT THE NORTHWEST CORNER OF SAID
SECTION 33 BY 3.25 INCH BRASS CAP STAMPED"1987 PLS 15278"AND AT THE EAST END AT
THE NORTH ONE-QUARTER CORNER OF SECTION 33 BY A 3.5 INCH BRASS CAP STAMPED"1987
PLS 15278"WITH THE LINE CONSIDERED TO BEAR S8957'42"E.
COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 33;
THENCE S82042'59"E,A DISTANCE OF 400.28 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY
LINE OF COUNTY ROAD NO. 52 AND THE POINT OF BEGINNING;
THENCE 389`53'32"E ALONG THE SAID SOUTH RIGHT-OF-WAY LINE,A DISTANCE OF 929.19
FEET;
THENCE S00"O5'49"W LEAVING SAID SOUTH RIGHT-OF-WAY LINE,A DISTANCE OF 805.19 FEET;
THENCE S89055'57"W,A DISTANCE OF 22.06 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 209.00 FEET,A
CENTRAL ANGLE OF 55015'42"DISTANCE OF 201.58 FEET TO A POINT OF NON-TANGENCY;
THENCE N89045'52"W,A DISTANCE OF485.66 FEET;
THENCE N5604644"W,A DISTANCE OF 9.73 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 600.00 FEET,A
CENTRAL ANGLE OF 13"31'47",A DISTANCE OF 141.68 FEET TO A POINT OF TANGENCY;
THENCE N70"18'31"W,A DISTANCE OF 77.90 FEET;
THENCE N02003'02"W,A DISTANCE OF 120.38 FEET;
THENCE S86041'56"W,A DISTANCE OF 36.92 FEET;
THENCE NOO`03'45"E,A DISTANCE OF 682.35 FEET TO THE POINT OF BEGINNING,
CONTAINING A CALCULATED AREA OF 799,064 SQUARE FEET OR 18.344 ACRES.
N:\DVB0305\Cadd\Survey\Legals&Exhibits\EXHIBIT A rev.do[
Page 1 of 2
1, EDWARD C.SILVER,A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO
HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE
PREPARED UNDER MY RESPONSIBLE CHARGE,AND ON THE BASIS OF MY KNOWLEDGE,
INFORMATION AND BELIEF ARE CORRECT.
EDWARD C.SILVER, PROFESSIONAL LAND SURVEYOR DATE
COLORADO No.37051
FOR AND ON BEHALF OF NOLTE ASSOCIATES,INC.
8000 S. CHESTER STREET, SUITE 200
CENTENNIAL,CO 80112
N:\DVB0305\Cadd\Survey\Legals&Exhibits\EXHIBIT A rev.doc
Page 2 of 2
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Exhibit E
Financing Plan
i
ANHEUSER BUSCH PARK AND RECREATION DISTRICT
2009 BUDGET
Proposed 2009
Beginning Funds Available $ -0-
Revenue:
Property Taxes -0_
Use Fees—baseball field 18,000
Fees for guides 3,840
Other/Miscellaneous(Contributions) 4,000
Specific Ownership Taxes -0-
Total Revenue 25,840
Total Funds Available 25,840
Expenditures
County Treasurer's Collection Fees -0-
Insurance and Bonds 1,800
Accounting and Legal 4,000
Election Costs -0-
Capital Improvements -0-
Utilities(Public Service) -0-
Facilities Maintenance 16,000
Directors'Fees -0_
Total Expenditures 21,800
Ending Funds Available 4,040
Emergency Reserve 624
MILL LEVY
Certified Assessed Valuation $ -0-
Mill Levy-General -0-
Property Taxes (est.) -0-
Exhibit F
Resolution of Approval
r
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
IN RE THE ORGANIZATION OF ANHEUSER BUSCH PARK AND RECREATION
DISTRICT, IN THE CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF
COLORADO
RESOLUTION NO. 08-
RESOLUTION OF APPROVAL
WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S. as amended,
the City Council of the City of Fort Collins, County of Larimer, State of Colorado, following due
notice, held a public hearing on the Service Plan of the proposed Anheuser Busch Park and
Recreation District on the day of , 2008; and
WHEREAS, the City Council has considered the Service Plan and all other testimony and
evidence presented at the hearing; and
WHEREAS, based upon the testimony and evidence presented at the hearing, it appears
that the Service Plan should be approved by the City Council, subject to certain conditions set
forth below, in accordance with C.R.S. § 32-1-204.5(1)(c).
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
COLLINS, COUNTY OF LARIMER:
Section 1. The City Council, as the governing body of the City of Fort Collins, Colorado,
does hereby determine, based on representations by and on behalf of Anheuser-Busch,
Incorporated (the "Developer"), that all of the requirements of Title 32, Article 1,Part 2, C.R.S.,
as amended, relating to the filing of a Service Plan for the proposed Anheuser Busch Park and
Recreation District have been fulfilled and that notice of the hearing was given in the time and
manner required by law.
Section 2. Based on representations by and on behalf of the Developer, the City Council
of the City of Fort Collins, Colorado has jurisdiction over the subject matter of this proposed
special district pursuant to Title 32, Article 1, part 2, C.R.S., as amended.
Section 3. Pursuant to C.R.S. §§ 32-1-204.5, 32-1-202(2) and 32-1-203(2), the City
Council of the City of Fort Collins, Colorado does hereby find and determine, based on the
Service Plan and other evidence presented by and on behalf of the Developer, that:
(a) There is sufficient existing and projected need for organized service in the
area to be serviced by the proposed District;
(b) The existing service in the area to be served by the proposed District is
1
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inadequate for present and projected needs;
(c) The proposed special district is capable of providing economical and
sufficient service to the area within its proposed boundaries;
(d) The area to be included in the proposed District has, or will have, the
financial ability to discharge the proposed financial obligations on a
reasonable basis;
(e) The facility and service standards of the District are compatible with the
facility and service standards of each county within which the District is to
be located and each municipality which is an interested part under § 32-1-
204(1), C.R.S.;
(f) The proposal is in compliance with any duly adopted county, regional, or
state long-range water quality plan for the area; and
(g) The creation of the proposed District will be in the best interests of the
area proposed to be served.
Section 5. The Service Plan of the proposed Anheuser Busch Park and Recreation
District, as set forth in Exhibit A to this Resolution and dated 2008, is hereby
approved.
RESOLVED, ADOPTED AND APPROVED this day of 2008.
CITY COUNCIL,
CITY OF FORT COLLINS, COLORADO
(SEAL)
ATTEST:
Mayor
City Clerk
Anheuser Busch Park and Recreation District—929.0003
2
CERTIFICATE
I, do hereby certify that the above and foregoing is a true,
correct and complete copy of a resolution adopted by the City Council of the City of Fort Collins,
Colorado, at a public meeting held on the_day of 2008.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of
Fort Collins, Colorado,this_day of 2008.
(SEAL)
City Clerk
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