Metropolitan District – General Explanation
In accordance with Section 32-104.5(3)(X), C.R.S., the following general explanation in plain, nontechnical language, is provided. This information is intended to be read in conjunction with all applicable legal requirements, governing documents, agreements, resolutions, and determinations of the Boards of Directors of the Districts.
1. A metropolitan district is a special district that provides any two or more of the following services:
(a) Fire protection;
(b) Mosquito control;
(c) Parks and recreation;
(d) Safety protection;
(e) Sanitation;
(f) Solid waste disposal facilities or collection and transportation of solid waste;
(g) Street improvement;
(h) Television relay and translation;
(i) Transportation; and
(j) Water.
2. In accordance with each District’s Service Plan, the Districts may provide the following public improvements and services:
The Districts shall have the power and authority to provide the public improvements and related operation and maintenance services within and without the boundaries of the Districts as such power and authority is described in the Special District Act, and other applicable statutes, common law and the Constitution, subject to these limitations:
(a) Fire Protection Limitation: The Districts are not authorized to provide fire protection facilities or services unless such facilities and services are provided pursuant to an intergovernmental agreement with the City. The Districts may install fire hydrants and related improvements installed as part of the water system.
(b) Television Relay and Translation Limitation: The Districts are not authorized to provide television relay and translation facilities and services, other than for the installation of conduit as a part of a street construction project, unless such facilities and services are provided pursuant to an intergovernmental agreement with the City.
(c) Golf Course Construction Limitation: The Districts are not authorized to provide a golf course unless such activity is pursuant to an intergovernmental agreement with the City.
The Districts are also authorized to provide for Regional Improvements, as further provided in the Districts’ Service Plan. The Regional Improvements shall be limited to the provision of the planning, design, acquisition, construction, installation, relocation and/or redevelopment of street and transportation related improvements as defined in the Special District Act and the administration and overhead costs incurred as a result of participation in the alternatives set forth in the Service Plan, unless the City has agreed otherwise in writing; provided, however in no event shall the Regional Improvements include water or sanitary sewer improvements unless such improvements are necessary as a part of completing street and transportation related improvements.
By separate agreement between and among the Districts and Porteos Business Improvement District (“BID”), the BID and the Districts cooperate in providing the following ongoing services on behalf of the Districts: operation and maintenance services of public improvements owned by the Districts, and in some cases the BID.
3. In accordance with the Districts’ Service Plan, the total amount of debt each District can incur to provide and pay for public infrastructure is: $195,000,000 for non-Regional Improvements and $75,000,000 for Regional Improvements.
4. In accordance with the Districts’ Service Plan, the following revenue may be used to pay for the Districts’ debt:
Each District may impose a mill levy on taxable property within its boundaries as a primary source of revenue for repayment of debt service. Each District may also rely upon various other revenue authorized by law. At each District’s discretion, the Districts may impose and collect Fees (any fee imposed by the Districts for services, programs or facilities provided by the Districts including fees, rates, tolls, penalties or charges) as a source of revenue for repayment of debt.
5. In accordance with the Districts’ Service Plan, the maximum mill levy each District may assess to pay for its debt is as follows:
For the portion of any aggregate District’s Debt which exceeds 50% of the District’s assessed valuation, the Maximum Debt Mill Levy for such portion of Debt shall be 50 mills less the number of mills necessary to pay unlimited mill levy Debt (discussed below); provided that if, on or after January 1, 2004, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement; the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith so that to the extent possible, the actual tax revenues generated by the mill levy as adjusted for changes occurring after January 1, 2004, are neither diminished nor enhanced as a result of such changes. A change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed valuation.
For portion of any aggregate District’s Debt which is equal to or less than 50% of the District’s assessed valuation, either on the date of issuance or at any time thereafter, the mill levy to be imposed to repay such portion of Debt shall not be subject to the Maximum Debt Mill Levy and, as a result, the mill levy may be such amount as is necessary to pay the Debt services on such Debt without limitation of rate.
6. Residents within each District may serve on the Board of Directors of the District if they are eligible electors of the District. A resident is an eligible elector of the District if the resident lives within the boundaries of the District and is registered to vote in Colorado