HomeMy WebLinkAbout2016-075-09/27/2016-APPROVING THE CONSOLIDATED SERVICE PLAN FOR BLOCK 23 METROPOLITAN DISTRICT NOS. 1-21443.0003; 782665
CONSOLIDATED SERVICE PLAN
FOR
BLOCK 23 METROPOLITAN DISTRICT NOS. 1&2
City of Fort Collins, Colorado
Prepared
by:
WHITE BEAR ANKELE TANAKA & WALDRON
2154 E. Commons Ave., Suite 200
Centennial, Colorado 80122
Submitted on
SEPTEMBER 26, 2016
EXHIBIT A
i
TABLE OF CONTENTS
I. INTRODUCTION .............................................................................................................. 1
A. General Overview. .................................................................................................. 1
B. Purpose and Intent. .................................................................................................. 2
C. Need for the District. ............................................................................................... 2
D. Objective of the City Regarding District’s Service Plan; Approval of Service Plan
Amendment. ............................................................................................................ 2
II. DEFINITIONS .................................................................................................................... 3
III. BOUNDARIES ................................................................................................................... 5
IV. PROPOSED LAND USE AND ASSESSED VALUATION ............................................. 6
V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES ....... 6
A. Powers of the Districts and Service Plan Amendment. .......................................... 6
1. Operations and Maintenance. ...................................................................... 6
2. Development Standards. ............................................................................. 6
3. Privately Placed Debt Limitation. ............................................................... 7
4. Inclusion and Exclusion Limitation. ........................................................... 7
5. Maximum Debt Authorization. ................................................................... 7
6. Monies from Other Governmental Sources.. .............................................. 7
7. Consolidation Limitation. ........................................................................... 7
8. Eminent Domain Limitation. ...................................................................... 7
9. Service Plan Amendment Requirement. ..................................................... 8
B. Infrastructure Preliminary Development Plan. ....................................................... 8
VI. FINANCIAL PLAN............................................................................................................ 8
A. General. ................................................................................................................... 8
B. Elections. ................................................................................................................. 8
VII. ANNUAL REPORT ........................................................................................................... 9
A. General. ................................................................................................................... 9
B. Reporting of Significant Events. ............................................................................. 9
VIII. DISSOLUTION .................................................................................................................. 9
IX. MATERIAL MODIFICATIONS ..................................................................................... 10
X. SANCTIONS. ................................................................................................................... 10
XI. CONCLUSION ................................................................................................................. 10
XII. RESOLUTION OF APPROVAL ..................................................................................... 11
ii
LIST OF EXHIBITS
EXHIBIT A-1 Legal Description of Project Area Boundaries
EXHIBIT A-2 Legal Description of District No. 1
EXHIBIT A-3 Legal Description of District No. 2
EXHIBIT B-1 Project Area Boundary Map
EXHIBIT B-2 District No. 1 Boundary Map
EXHIBIT B-3 District No. 2 Boundary Map
EXHIBIT C Vicinity Map
I. INTRODUCTION
A. General Overview.
The Districts, which are intended to be independent units of local government separate
and distinct from the City, are governed by this Service Plan which has been prepared in general
accordance with the City Policy. The Districts are needed to provide Public Improvements to the
Project for the benefit of property owners within the Districts and other local development, and
will result in enhanced benefits to existing and future business owners and residents of the City.
The primary purpose of the Districts will be to finance the construction of these Public
Improvements.
The Districts are located entirely within the City and being organized under a multiple-
district structure. As this Project will include a mix of residential and commercial uses a
multiple-district structure will provide for an efficient structure to fairly distribute the costs of
public improvements and ongoing operations and maintenance. A multiple-district structure will
allow for equitable distribution of costs, while also providing for the proper coordination of the
powers and authorities of the independent Districts and avoids confusion regarding the separate,
but coordinated, purposes of the Districts that could arise if separate service plans were used.
Under such structure, District No. 1, as a service and financing district, is responsible for
managing the construction and operation of the facilities and improvements needed for the
Project, as well as contributing to the tax base needed to support the Financial Plan for capital
improvements. District No. 2, as a financing district, is responsible for contributing to the
funding and tax base needed to support the Financial Plan for capital improvements. A multiple-
district structure that features the operation of District No. 1, in part as a service district which
owns and operates the public facilities throughout the Project, and the operation of District No. 2
as a financing district that will assist in generating the tax revenue sufficient to pay the costs of
the capital improvements, is a configuration that will create several benefits. These benefits
include, inter alia: (1) coordinated administration of construction and operation of Public
Improvements, and delivery of those improvements in a timely manner; (2) maintenance of
equitable mill levies and reasonable tax burdens on all similarly-situated areas of the Project
through proper management of the financing and operation of the Public Improvements; and (3)
assured compliance with state laws regarding taxation in a manner which permits the issuance of
tax exempt Debt at the most favorable interest rates possible.
Allocation of the responsibility for paying Debt for Public Improvements and capital
costs will be managed through development of a unified financing plan for those improvements
and through development of an integrated operating plan for long-term operations and
maintenance. Use of District No. 1 as the service district, to manage these functions, will help
maintain reasonably uniform mill levies and fee structures throughout the coordinated
construction, installation, acquisition, financing and operation of Public Improvements
throughout the Project. Intergovernmental agreements among the Districts will assure that the
roles and responsibilities of each District are clear in this coordinated development and financing
plan.
This Service Plan provides a preliminary framework and limited authorization under
which the Districts are authorized to proceed with an Organizational Election. Notwithstanding
any provisions to the contrary contained herein, following the entry of court orders formally
decreeing the Districts organized, and continuing until a Service Plan Amendment is approved
by the City Council, the Districts shall not undertake any activity except minimal administrative
or ministerial activities required by State law to maintain the Districts as lawfully existing
political subdivisions of the State unless or until a Service Plan Amendment is approved by the
City Council, in its sole discretion. Without limiting the generality of the foregoing, the Districts
shall not levy any tax, impose any fee, construct any Public Improvements, enter into any
contracts or agreements for the construction of any Public Improvements or for the procurement
or provision of services or tangible property, or incur any Debt until the Service Plan
Amendment is approved. The approval of this Service Plan does not obligate the City Council to
approve the Service Plan Amendment or any zoning, subdivision, planning, building permit or
other land use matter for the owners of the real property within the Districts.
B. Purpose and Intent.
The Districts, which shall be independent units of local government separate and distinct
from the City, is governed by this Service Plan. The Districts are needed to provide Public
Improvements to the Project for the benefit of property owners and taxpayers within the
Districts, and through its formation, will result in enhanced benefits to existing and future
business owners and/or residents of the City. The primary purposes of the Districts will be to
finance, construct, acquire, own, operate and maintain the Public Improvements.
This Service Plan is submitted in accordance with Part 2 of the Special District Act,
Section 32-1-201, et seq., C.R.S. It defines the powers and authorities of the Districts and
describes the limitations and restrictions placed thereon. The information provided in this
Service Plan is preliminary in nature and subject to change as development within the Project
evolves. As plans for development are refined and finalized, the same shall be included as part
of an Approved Development Plan.
C. Need for the District.
There are currently no other governmental entities, including the City, located in the
immediate vicinity of the Districts that, at this time, can financially undertake the planning,
design, acquisition, construction, installation, relocation, redevelopment, and financing of the
Public Improvements needed for the Project. Formation of the Districts is therefore necessary in
order for the Public Improvements required for the Project to be provided in the most economic
manner possible.
D. Objective of the City Regarding District’s Service Plan; Approval of Service Plan
Amendment.
The City’s objective in approving the Service Plan for the Districts is to authorize the
Districts 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
Districts. A Financial Plan, which describes the Debt anticipated to be issued by the Districts,
shall be submitted to the City as part of the Service Plan Amendment, as shall an Infrastructure
Preliminary Development Plan. The City shall, under no circumstances, be responsible for the
Debts of the Districts and the City’s approval of this Service Plan shall in no way be interpreted
as an agreement, whether tacit or otherwise, to be financially responsible for the Debt of the
Districts or the construction of Public Improvements.
The City’s approval of this Service Plan shall, under no circumstances, be interpreted as
an agreement by the City that it will approve the Service Plan Amendment or that any particular
provisions set forth in this Service Plan will be approved by the City in the Service Plan
Amendment. The City’s objective in approving this Service Plan is to allow the proposed
Districts to proceed with the Organizational Election.
This Service Plan is intended to establish limitations applicable to the Districts and
explicit financial constraints that are not to be violated under any circumstances. The primary
purpose is to provide for the Public Improvements associated with the Project and regional
improvements as necessary.
II. DEFINITIONS
In this Service Plan, the following terms which appear in a capitalized format herein shall
have the meanings indicated below, unless the context hereof clearly requires otherwise:
Approved Development Plan: means a development plan or other land-use process
authorized under the City Code that sufficiently identifies the Public Improvements necessary for
facilitating development of the Project within the Service Area as approved by the City pursuant
to the City Code, as amended from time to time.
Board or Boards: means the Board of Directors of any of the Districts, or the boards of
directors of all of the Districts, in the aggregate.
Bond, Bonds or Debt: means bonds or other financial obligations for which a District has
promised to impose an ad valorem property tax mill levy, and other legally available revenue, for
payment. Such terms do not include intergovernmental agreements pledging the collection and
payment of property taxes in connection with a service district and taxing district(s) structure, if
applicable, and other contracts through which a District procures or provides services or tangible
property.
City: means the City of Fort Collins, Colorado.
City Code: means the Code of the City of Fort Collins, the Fort Collins Land Use Code,
and any regulations, rules, or policies promulgated thereunder, as the same may be amended
from time to time.
City Council: means the City Council of the City of Fort Collins, Colorado.
Developer: means Preston Center 7, II, LLC, a Colorado limited liability company.
District: means Block 23 Metropolitan District No. 1 or Block 23 Metropolitan District
No. 2, individually.
District No. 1: means Block 23 Metropolitan District No. 1.
District No. 2: means Block 23 Metropolitan District No. 2.
Districts: means Block 23 Metropolitan District No. 1 and Block 23 Metropolitan District
No. 2, jointly.
District Organization Date: means the date the order and decree for organization issued
by the Larimer County District Court as required by law for the District or Districts is recorded
with the Larimer County Clerk and Recorder.
External Financial Advisor: means a consultant that: (1) is qualified to advise 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 or, in the City’s sole discretion, other recognized
publication as a provider of financial projections; and (3) is not an officer, agent or employee of
the Districts.
Financial Plan: means a Financial Plan, as the same is described in Section VI and which
shall be included within the Service Plan Amendment. The Financial Plan shall be prepared by
an External Financial Advisor or shall be accompanied by a letter of support from an External
Financial Advisor. The Financial Plan shall describe (a) how the Public Improvements are to be
financed; (b) how the Debt is expected to be incurred; and (c) the estimated operating revenue
derived from property taxes for the first budget year through the year in which all District Debt is
expected to be paid or defeased. This Financial Plan is intended to represent only one example of
debt issuance and financing structure of the Districts, any variations or adjustments in the timing
or implementation thereof shall not be interpreted as material modifications to this Service Plan.
Infrastructure Preliminary Development Plan: means the Infrastructure Preliminary
Development Plan as described in Section V.B. and which shall be included as part of the
Service Plan Amendment. The Infrastructure Preliminary Development Plan shall include: (a) a
preliminary list of the Public Improvements to be developed by the District; (b) an estimate of
the cost of the Public Improvements; and (c) the map or maps showing the approximate
location(s) of the Public Improvements. The District's implementation of this Infrastructure
Preliminary Development Plan is subject to the Approved Development Plan and any change
conditioned upon various external factors including, but not limited to, site conditions,
engineering requirements, City, county or state requirements, land use conditions, and zoning
limitations.
Maximum Debt Service Mill Levy: means the maximum mill levy the Districts are
permitted to impose upon the taxable property within the Districts for payment of Debt, which
shall be included in the Service Plan Amendment.
Maximum Debt Authorization: means the total Debt the Districts are permitted to issue,
which shall be included in the Service Plan Amendment.
Maximum Debt Maturity Term: means the maximum term for a District Debt issuance,
which shall be included in the Service Plan Amendment.
Organizational Election: means the initial election at which the Districts’ organization,
the initial slate of directors and associated terms of office for each director and debt and taxing
authorization is voted upon pursuant to the requirements of TABOR.
Project: means the development or property commonly referred to as Block 23.
Project Area Boundaries: means the boundaries of the area described in the Project Area
Boundary Map and the legal description attached hereto as Exhibit A-1.
Project Area Boundary Map: means the map attached hereto as Exhibit B-1, describing
the overall property that incorporates the Project.
Public Improvements: means a part or all of the improvements authorized to be planned,
designed, acquired, constructed, installed, relocated, redeveloped and financed, specifically
including related eligible costs for acquisition and administration, as authorized in Section V
below, to serve the future taxpayers and property owners of the Service Area as determined by
the Board of the Districts in its discretion.
Service Area: means the property within the Project Area Boundary Map after such
property has been included within the Districts.
Service Plan: means this service plan for the Districts approved by the City Council, as
the same may be amended from time to time, specifically including the Service Plan
Amendment.
Service Plan Amendment: means an Amended and Restated Service Plan approved by the
City Council in its sole discretion in accordance with applicable state law, the City Charter and
City Code.
Special District Act or Act: means Article 1 of Title 32 of the Colorado Revised Statutes,
as amended from time to time.
State: means the State of Colorado.
TABOR: means to Article X, Section 20 of the Constitution of the State.
Vicinity Map: means a map of the regional area surrounding the Project, as attached
hereto at Exhibit C.
III. BOUNDARIES
The Project Area Boundaries includes approximately 4.36 acres. A legal description of
the Project Area Boundaries is attached as Exhibit A-1. The Project Area Boundaries are divided
into two (2) separate and distinct Districts (District No. 1 and District No. 2), legal descriptions
for which are attached hereto as Exhibits A-2 and A-3, respectively. A Project Area Boundary
Map is attached hereto as Exhibit B-1, and maps of District No.1 and District No. 2 are included
as Exhibits B-2 and B-3, respectively. Finally, a Vicinity Map is attached hereto as Exhibit C. It
is anticipated that the Districts’ Boundaries may change from time to time as they undergo
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 limitation set forth in Article V below.
IV. PROPOSED LAND USE AND ASSESSED VALUATION
The Service Area consists of approximately 2.62 acres of commercial space. The Service
Area further consists of approximately 1.74 acres of residential space. The current assessed
valuation of the Service Area is approximately zero dollars ($0) for purposes of service plan
financial forecasting, and, at build out, is expected to be Twenty Million Two Hundred Sixty
Eight Thousand and Eighty Three Dollars ($20,268,083).
Approval of this Service Plan by the City does not imply approval of the development of
a specific area within the Districts, nor does it imply approval of the total site/floor area of
commercial buildings or space which may be identified in this Service Plan or any of the exhibits
attached thereto or any of the Public Improvements, unless the same is contained within an
Approved Development Plan.
V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES
A. Powers of the Districts and Service Plan Amendment.
Only after approval of the Service Plan Amendment shall the Districts have the power
and authority to acquire, construct and install the Public Improvements within and without the
boundaries of the Districts as such power and authority is described in the Act, and other
applicable statutes, common law and the State Constitution, subject to the limitations set forth
herein.
If, after the Service Plan is approved, the State Legislature includes additional powers or
grants new or broader powers for Title 32 districts by amendment of the Special District Act or
otherwise, any or all such powers shall be deemed to be a part hereof and available to or
exercised by the Districts. Such additional powers granted by the State shall not constitute a
material modification of this Service Plan.
1. Operations and Maintenance. The purpose of the Districts is to plan for,
design, acquire, construct, install, relocate, redevelop and finance the Public Improvements. The
Districts 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 applicable
provisions of the City Code. Those improvements that are not dedicated to the City or other
appropriate jurisdiction or owners association may be maintained by the Districts.
2. Development Standards. The Districts will ensure that the Public
Improvements are designed and constructed in accordance with the standards and specifications
of the City, including the City Code and Approved Development Plan, and of other
governmental entities having proper jurisdiction, as applicable. The Districts, directly or
indirectly through the Developer, 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.
3. Privately Placed Debt Limitation. Prior to the issuance of any privately
placed Debt, the Districts shall obtain the certification of an External Financial Advisor
substantially as follows:
We are [I am] an 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 the
District for the [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 and early
redemption provisions, is reasonable considering the financial
circumstances of the Districts.
4. Inclusion and Exclusion Limitation. The Districts shall be entitled to
include within their boundaries any property within the Project Area Boundaries without prior
approval of the City Council. The Districts shall also be entitled to exclude from their boundaries
any property within the Project Area Boundaries so far as, within a reasonable time thereafter, the
property is included within the boundaries of another District. All other Inclusions or exclusions
shall require the prior approval of the City Council by written agreement with the District.
5. Maximum Debt Authorization. The amount of Debt authorized for
issuance by the Districts (the “Maximum Debt Authorization”) shall be set forth in the Service
Plan Amendment. The District shall not issue or incur any Debt prior to the approval of a Service
Plan Amendment.
6. Monies from Other Governmental 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 which 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 and a revenue source for the
Districts.
7. Consolidation Limitation. The Districts shall not file a request with any
Court to consolidate with another Title 32 district without the prior written consent of the City
Council.
8. Eminent Domain Limitation. The Districts shall not exercise its statutory
power of eminent domain without first obtaining the prior written consent of the City Council,
which will only be allowed to facilitate the construction of Public Improvements pertinent to the
Project. This restriction on the Eminent Domain power by the Districts is being exercised
voluntarily and shall not be interpreted in any way as a limitation on the District's sovereign
powers and shall not negatively affect the District's status as a political subdivision of the State
of Colorado as allowed by Article 1, Title 32, Colorado Revised Statutes.
9. 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. After the Project has received an Approved Development Plan and upon
application from the Districts, the City agrees to timely consider a Service Plan Amendment in
accordance with the Special District Act, provided that the City Council shall be under no
obligation to approve a Service Plan Amendment or to include any particular provisions in any
Service Plan so approved. Any action of the Districts which violates the limitations set forth in
this Service Plan shall be deemed to be a material modification to this Service Plan unless
otherwise agreed by the City as provided for in Section IX of this Service Plan or otherwise
expressly provided herein.
B. Infrastructure Preliminary Development Plan.
The current estimated costs of the Public Improvements are expected to be substantial
and will be based upon requirements set forth in the Approved Development Plan. The Districts
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 Districts, as the same are more specifically defined in the
Approved Development Plan. The Infrastructure Preliminary Development Plan, including: (1) a
list of the Public Improvements to be developed by the District; (2) an estimate of the cost of the
Public Improvements; and (3) maps showing the approximate locations of the Public
Improvements shall be consistent with the Approved Development Plan and included as part of
the Service Plan Amendment.
All of the Public Improvements will be designed in such a way as to ensure that the
standards will be consistent with or exceed the standards of the City and shall be in accordance
with the requirements of the Approved Development Plan.
VI. FINANCIAL PLAN
A. General.
The Districts 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 Districts, provided
however that the Districts shall not be authorized to issue any Debt until the time that the Service
Plan Amendment is approved, in the City Council’s sole discretion.
B. Elections.
The Districts will call an Organizational Election on the questions of organizing the
Districts for an election to be held on November 8, 2016, electing the initial Board, and setting in
place financial authorizations as required by TABOR. The election will be conducted as required
by law.
VII. ANNUAL REPORT
A. General.
The Districts shall be responsible for submitting an annual report with the City’s Clerk
not later than September 1st of each year for the year ending the preceding December 31
following the year of the District Organization Date. The City may, in its sole discretion, waive
this requirement in whole or in part.
B. Reporting of Significant Events.
Unless waived by the City, the annual report shall include the following:
1. A narrative summary of the progress of the Districts in implementing its
service plan for the report year; and
2. Except when exemption from audit has been granted for the report year
under the Local Government Audit Law, the audited financial statements of the Districts 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. Any other information deemed relevant by the City Council or deemed
reasonably necessary by the City’s Manager.
In the event the annual report is not timely received by the City’s Clerk or is not fully
responsive, notice of such default may be given to the Board of the Districts, at its last known
address. The failure of the Districts to file the annual report within forty-five (45) days of the
mailing of such default notice by the City’s Clerk may constitute a material modification, at the
discretion of the City.
VIII. DISSOLUTION
If proceedings for a Service Plan Amendment, as contemplated herein, have not been
completed within three years from the date upon which this Service Plan was approved by the
City Council, the City may opt to pursue the remedies available to it under Section 32-1-701(3)
C.R.S., in order to compel the Districts to dissolve in a prompt and orderly manner. In such an
event: 1) the limited purposes and powers of the Districts, as authorized herein, shall
automatically terminate and be expressly limited to taking only those actions that are reasonably
necessary to dissolve; 2) the Board of Directors will be deemed to have agreed with the City
regarding its dissolution without an election pursuant to §32-1-704(3)(b), C.R.S.; and 3) the
Districts shall take no action to contest or impede the dissolution of the Districts and shall
affirmatively and diligently cooperate in securing the final dissolution of the Districts, and 4)
subject to the statutory requirements of the Act, the Districts shall thereupon dissolve.
Upon an independent determination of the City Council that the purposes for which the
Districts were created have been accomplished, the Districts agree to file a petition in Larimer
County District Court for dissolution, pursuant to the applicable State statutes. In no event shall
dissolution occur until the Districts have provided for the payment or discharge of all of its
outstanding indebtedness and other financial obligations as required pursuant to State statutes,
including operation and maintenance activities.
IX. MATERIAL MODIFICATIONS
Material modifications to this Service Plan may be made only in accordance with Section
32-1-207, C.R.S.
Departures from the Service Plan that constitute a material modification include without
limitation:
1. Actions or failures to act that create greater financial risk or burden;
2. Performance of a service or function or acquisition of a major facility that
is not closely related to a service, function or facility authorized in the Service Plan; and
3. Any other action or modification that is identified in this Service Plan as a
material modification.
X. SANCTIONS.
Should any of the Districts undertake any act prohibited under this Service Plan or fail to
act as required by this Service Plan, and such act or failure to act constitutes a material
modification to the Service Plan as set forth in §32-1-207, C.R.S., the City may impose one (1)
or more of the following sanctions, as it deems appropriate:
1. Exercise any applicable remedy under the Act;
2. Exercise any legal remedy under the terms of any intergovernmental
agreement under which the District is in default; or
3. 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.
XI. CONCLUSION
It is submitted that this Service Plan for the Districts, as required by Section 32-1-203(2),
establishes that:
1. There is sufficient existing and projected need for organized service in the
area to be serviced by the Districts;
2. The existing service in the area to be served by the Districts is inadequate
for present and projected needs;
3. The Districts are capable of providing economical and sufficient service to
the area within their proposed boundaries;
XII. RESOLUTION OF APPROVAL
The Districts agree to incorporate the City Council’s resolution of approval, including
any conditions on any such approval, into the Service Plan presented to the District Court for and
in Larimer County, Colorado.
EXHIBIT A-1
Block 23 Metropolitan District
Project Area Boundaries
PARCELI:
LOTS13THROUGH16,INCLUSIVE,BLOCK23,CITYOFFORTCOLLINS,COUNTYOFLARIMER,STATE
OFCOLORADO.
PARCELII:
LOTS1THROUGH6,INCLUSIVE,BLOCK23,CITYOFFORTCOLLINS,COUNTYOFLARIMER,STATEOF
COLORADO.
PARCELIII:
ALLOFLOTS7AND8ANDPARTSOFLOTS9,10AND11,ALLINBLOCK23,CITYOFFORTCOLLINS,
COUNTYOFLARIMER,STATEOFCOLORADO,BEINGMOREPARTICULARLYDESCRIBEDASFOLLOWS:
BEGINNINGATTHESECORNEROFSAIDLOT7,INSAIDBLOCK23,THENCENORTHALONGTHEEAST
LINEOFSAIDBLOCK23,ADISTANCEOF76FEETTOAPOINTONTHEEASTLINEOFSAIDLOT9IN
SAIDBLOCK23;THENCENORTHWESTERLYADISTANCEOF205.3FEETTOAPOINTINTHEWESTLINE
OFSAIDLOT11INSAIDBLOCK23,SAIDPOINTBEING3.7FEETNORTHFROMTHESWCORNEROF
SAIDLOT11;THENCESOUTHALONGTHEWESTLINEOFSAIDLOTS11,10,9,8AND7INSAIDBLOCK
23,ADISTANCEOF153.7FEETTOTHESWCORNEROFSAIDLOT7;THENCEEASTALONGTHESOUTH
LINEOFSAIDLOT7,ADISTANCEOF190.0FEETTOTHEPOINTOFBEGINNING;
AND
APARTOFLOT9,BLOCK23,CITYOFFORTCOLLINS,COUNTYOFLARIMER,STATEOFCOLORADO,
WHICHBEGINSATTHENECORNEROFSAIDLOT9ANDRUNSS00DEGREESOO'00"E,24.00FEET
ALONGTHEEASTLINEOFSAIDLOT9;THENCEN67DEGREES45'30"W,63.41FEETALONGTHE
SOUTHERLYLINEOFTHEABANDONEDBURLINGTONNORTHERNRAILROADTOAPOINTONTHE
NORTHLINEOFSAIDLOT9;THENCEN90DEGREES00'00"E,58.69FEETALONGTHESAIDNORTH
LINETOTHEPOINTOFBEGINNING.
EXCEPTTHATPORTIONASCONVEYEDBYDEEDRECORDEDATRECEPTIONNO.99001849.
PARCELIV:
LOTS10,11AND12,BLOCK23,CITYOFFORTCOLLINS,COUNTYOFLARIMER,STATEOFCOLORADO,
INCLUDINGALLVACATEDRAILROADRIGHTOFWAYS.
EXCEPTTHATPORTIONCONVEYEDTOCITYOFFORTCOLLINSBYDEEDRECORDEDJANUARY9,2004
ATRECEPTIONNO.20040002331.
EXHIBIT A-2
Block 23 Metropolitan District No. 1 Area Boundary
PARCELI:
LOTS13THROUGH16,INCLUSIVE,BLOCK23,CITYOFFORTCOLLINS,COUNTYOFLARIMER,STATE
OFCOLORADO.
THATPORTIONOFTHEFOLLOWINGTHREEPARCELSBOUNDEDBETWEENTHEFIRSTFLOOR
ELEVATIONANDTHEBOTTOMOFTHECEILINGJOISTSOFTHESECONDFLOOROFAYETTOBE
CONSTRUCTEDBUILDINGPLANNEDONSAIDPARCELS;
PARCELII:
LOTS1THROUGH6,INCLUSIVE,BLOCK23,CITYOFFORTCOLLINS,COUNTYOFLARIMER,STATEOF
COLORADO.
PARCELIII:
ALLOFLOTS7AND8ANDPARTSOFLOTS9,10AND11,ALLINBLOCK23,CITYOFFORTCOLLINS,
COUNTYOFLARIMER,STATEOFCOLORADO,BEINGMOREPARTICULARLYDESCRIBEDASFOLLOWS:
BEGINNINGATTHESECORNEROFSAIDLOT7,INSAIDBLOCK23,THENCENORTHALONGTHEEAST
LINEOFSAIDBLOCK23,ADISTANCEOF76FEETTOAPOINTONTHEEASTLINEOFSAIDLOT9IN
SAIDBLOCK23;THENCENORTHWESTERLYADISTANCEOF205.3FEETTOAPOINTINTHEWESTLINE
OFSAIDLOT11INSAIDBLOCK23,SAIDPOINTBEING3.7FEETNORTHFROMTHESWCORNEROF
SAIDLOT11;THENCESOUTHALONGTHEWESTLINEOFSAIDLOTS11,10,9,8AND7INSAIDBLOCK
23,ADISTANCEOF153.7FEETTOTHESWCORNEROFSAIDLOT7;THENCEEASTALONGTHESOUTH
LINEOFSAIDLOT7,ADISTANCEOF190.0FEETTOTHEPOINTOFBEGINNING;
AND
APARTOFLOT9,BLOCK23,CITYOFFORTCOLLINS,COUNTYOFLARIMER,STATEOFCOLORADO,
WHICHBEGINSATTHENECORNEROFSAIDLOT9ANDRUNSS00DEGREESOO'00"E,24.00FEET
ALONGTHEEASTLINEOFSAIDLOT9;THENCEN67DEGREES45'30"W,63.41FEETALONGTHE
SOUTHERLYLINEOFTHEABANDONEDBURLINGTONNORTHERNRAILROADTOAPOINTONTHE
NORTHLINEOFSAIDLOT9;THENCEN90DEGREES00'00"E,58.69FEETALONGTHESAIDNORTH
LINETOTHEPOINTOFBEGINNING.
EXCEPTTHATPORTIONASCONVEYEDBYDEEDRECORDEDATRECEPTIONNO.99001849.
PARCELIV:
LOTS10,11AND12,BLOCK23,CITYOFFORTCOLLINS,COUNTYOFLARIMER,STATEOFCOLORADO,
INCLUDINGALLVACATEDRAILROADRIGHTOFWAYS.
EXCEPTTHATPORTIONCONVEYEDTOCITYOFFORTCOLLINSBYDEEDRECORDEDJANUARY9,2004
ATRECEPTIONNO.20040002331.
EXHIBIT A-3
Block 23 Metropolitan District No. 2 Area Boundary
THATPORTIONOFTHEFOLLOWINGTHREEPARCELSBOUNDEDBETWEENTHETHIRDFLOOR
ELEVATIONANDTHEBOTTOMOFTHECEILINGJOISTSOFTHEFIFTHFLOOROFAYETTOBE
CONSTRUCTEDBUILDINGPLANNEDONSAIDPARCELS;
PARCELII:
LOTS1THROUGH6,INCLUSIVE,BLOCK23,CITYOFFORTCOLLINS,COUNTYOFLARIMER,STATEOF
COLORADO.
PARCELIII:
ALLOFLOTS7AND8ANDPARTSOFLOTS9,10AND11,ALLINBLOCK23,CITYOFFORTCOLLINS,
COUNTYOFLARIMER,STATEOFCOLORADO,BEINGMOREPARTICULARLYDESCRIBEDASFOLLOWS:
BEGINNINGATTHESECORNEROFSAIDLOT7,INSAIDBLOCK23,THENCENORTHALONGTHEEAST
LINEOFSAIDBLOCK23,ADISTANCEOF76FEETTOAPOINTONTHEEASTLINEOFSAIDLOT9IN
SAIDBLOCK23;THENCENORTHWESTERLYADISTANCEOF205.3FEETTOAPOINTINTHEWESTLINE
OFSAIDLOT11INSAIDBLOCK23,SAIDPOINTBEING3.7FEETNORTHFROMTHESWCORNEROF
SAIDLOT11;THENCESOUTHALONGTHEWESTLINEOFSAIDLOTS11,10,9,8AND7INSAIDBLOCK
23,ADISTANCEOF153.7FEETTOTHESWCORNEROFSAIDLOT7;THENCEEASTALONGTHESOUTH
LINEOFSAIDLOT7,ADISTANCEOF190.0FEETTOTHEPOINTOFBEGINNING;
AND
APARTOFLOT9,BLOCK23,CITYOFFORTCOLLINS,COUNTYOFLARIMER,STATEOFCOLORADO,
WHICHBEGINSATTHENECORNEROFSAIDLOT9ANDRUNSS00DEGREESOO'00"E,24.00FEET
ALONGTHEEASTLINEOFSAIDLOT9;THENCEN67DEGREES45'30"W,63.41FEETALONGTHE
SOUTHERLYLINEOFTHEABANDONEDBURLINGTONNORTHERNRAILROADTOAPOINTONTHE
NORTHLINEOFSAIDLOT9;THENCEN90DEGREES00'00"E,58.69FEETALONGTHESAIDNORTH
LINETOTHEPOINTOFBEGINNING.
EXCEPTTHATPORTIONASCONVEYEDBYDEEDRECORDEDATRECEPTIONNO.99001849.
PARCELIV:
LOTS10,11AND12,BLOCK23,CITYOFFORTCOLLINS,COUNTYOFLARIMER,STATEOFCOLORADO,
INCLUDINGALLVACATEDRAILROADRIGHTOFWAYS.
EXCEPTTHATPORTIONCONVEYEDTOCITYOFFORTCOLLINSBYDEEDRECORDEDJANUARY9,2004
ATRECEPTIONNO.20040002331.
EXHIBIT B-1
Block 23 Metropolitan District No. 1-2
Project Area Boundary Map
EXHIBIT B-2
Block 23 Metropolitan District No. 1
Boundary Map
EXHIBIT B-3
Block 23 Metropolitan District No. 2
Boundary Map
EXHIBIT C
Block 23 Metropolitan District
Vicinity Map
EXHIBIT B