Title
A resolution including certain property into the boundaries of the Waterview North Metropolitan District Nos. 1 & 2
(Legislative)
Presenter:
Kyle Fenner, Senior Planner, Planning and Neighborhood Services Department
Body
Summary:
This resolution would include certain property into the Waterview North Metropolitan District Nos. 1 & 2 (“Districts”). These Metropolitan (Metro) Districts finances public improvements costs and provide services for the current and future phases of the Waterview North project located on the north and south sides of Bradley Road at its intersection with South Powers Boulevard at the far south side of Colorado Springs. The applicants are using the metropolitan districts to provide public financing and associated district services for this project area.
The property being included sits adjacent to but outside the Colorado Springs City Limits. Title 32 allows a special district to serve property located in more than one jurisdiction. Section 32-1-107(1), C.R.S. states: (“[a] special district may be entirely within or entirely without, or partly within and partly without, one or more municipalities or counties, and a special district may consist of noncontiguous tracts or parcels of property.”). Accordingly, a district may, either through organization or inclusion, serve property located in different jurisdictions. The Districts and the included property are located within the County, and the property currently within the Districts’ boundaries is annexed into the City. Under Title 32, the Districts may serve the newly included property after inclusion into the Districts.
Title 32, Section 32-1-401(1)-(4), C.R.S. governs the procedure for district property inclusions. Nothing in this statute requires the Districts to seek the City or the County’s approval to include property within the Districts’ boundaries. However, the Districts’ Consolidated Service Plan (Service Plan) requires the Districts to seek the City’s consent for inclusion of property outside the Districts’ Service Area, as described in the Service Plan. Section V.A.9 of the Service Plan requires that the Districts get consent from the City to include new property in its boundaries. This proposed inclusion qualifies as a material modification requiring notice and approval from the City.
As the City approved the Districts’ Consolidated Service Plan, it is the proper approving authority to approve the Districts’ inclusion of Property even when it sits outside the City boundary but adjacent to it.
The proposed inclusion will not change the nature, will not add to the types of services to be provided, will not decrease the level of services, will not decrease the financial ability of the Districts to discharge their debt, nor decrease the need for organized service in the Districts.
El Paso County has reviewed the inclusion request and has two requests that will be included in the final language of the approval Resolution. They read as follows:
The Districts shall not provide fire protection services within the County’s jurisdiction without the County’s prior written approval. The Service Plan shall be amended to authorize and provide for the design, financing, acquisition, construction, installation, operation, maintenance, repair, and replacement of fire hydrants and related improvements within the County’s jurisdiction by the Districts. The County may require the Districts to enter into an intergovernmental agreement with any applicable fire protection district.
For property within the Districts’ boundaries that is also within the County’s jurisdiction, the Districts shall provide services related to the operation, maintenance, repair, and replacement of fire hydrants and related Public Improvements for the benefit and use of the applicable fire protection district.
This Districts’ Service Plan and Budget continues to conform with the City’s Model Service Plan.
Background:
The Service Plan, originally approved in September of 2023 continues to allow for a mill levy cap of up to 50.0 mills for debt service and a maximum operations and maintenance mill levy of 20.0 for residential district; 10.0 for the commercial district.
Previous Council Action:
City Council approved the original service plan for these Districts on September 26, 2023, (Resolution 131-23).
Financial Implications:
There are no direct implications to general City taxpayers and ratepayers outside of the boundaries of these Districts.
Stakeholder Process:
The staff-level Special District Committee has been provided with the materials associated with this request. Comments or concerns from the Committee have been addressed in these documents.
Alternatives:
City Council could choose to approve, deny, or modify the proposed Resolution.
Recommended Action
Proposed Motion:
Move to approve a resolution including certain property into the boundaries of the Waterview North Metropolitan Districts Nos. 1 & 2.
Summary of Resolution Language
Summary of Resolution
A resolution including certain property into the boundaries of the Waterview North Metropolitan Districts Nos. 1 & 2.